CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
SIXTH SESSION, HELD APRIL 5TH, 1869.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 5th, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWRENCE, M.P., LORD MAYOR of the City of London; Sir JAMES HANNEN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir RICHARD BALIOL. BRETT, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS SIDNEY , Esq., Sir ROBERT WALTER CARDEN, Knt., and WARREN STORMES HALE, Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNET, Q.C., M.P., Recorder of the said City; ROBERT BESLEY , Esq., DAVID HENRY STONE , Esq., JOSEPH CAUSTON, Esq., and THOMAS SCAMBLES OWDEN, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q. C, M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERB, Esq., L. L. D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM JAMES RICHMOND COTTON, Esq., Alderman
CHARLES WILLIAM COOKWORTHY HUTTON, Esq.
ALEXANDER CROSLEY, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two starts (**)that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 5th, 1869.
Before Mr. Recorder.
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
In the case of JOHN GREEN , standing charged with feloniously wounding John Brown, the Jury, upon the evidence of Mr. John Rewland Gibson, surgeon of Newgate, found the prisoner insane, and unfit to plead. He was ordered to be detained until Her Majesty's pleasure be known
The following prisoners PLEADED GUILTY.—
368. WILLIAM ADAM BANNETT (36) , to four indictments for embezzling orders for the payment of 6l. 2s. 10d., 7l. 16s. 9d., 6l. 15s., 7l. 2s. 11d., 5l. 0s. 7d., 6l. 2s. 2d., 16l. 12s. 4d., and 10l. 12s., of Martha Phillips and another, his employers; also to forging and uttering an order for 6l. 15s.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
369. JOHN THOMAS MCMURDIE (45) , to embezzling the sums of 24l. 15s., 305l. 14s. 2d., 24l. 10s. 10d., and 155l. 12s. of the London Assurance Corporation, his masters— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
371. CHARLES HENRY WOODROFFE (19) , to embezzling 3l. 10s. and 1l. 2s. 6d., of John Molyneux Robson, his master; also to forging and uttering two requests for the payment of 2l. each— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
374. GEORGE ROBERTS (65) , to feloniously being at large before the expiration of his sentence (i.e., penal servitude for life)— Penal Servitude for Life. And [Pleaded guilty: See original trial image.]
375. EDMUND GEORGE BOUGHTON (15) , to feloniously forging and uttering a receipt for 10l. There were six other indictments against the prisoner— Judgment Respited.[Pleaded guilty: See original trial image.]
NEW COURT.—Monday, April 5th, 1869.
Before Mr. Common Serjeant.
MR. CRAUFURD. conducted the Prosecution.
HENRY WAYNFORTH . My wife keeps a milliner's shop, at 42, Pitfield Street—on 19th March, a woman named Davis (See next case) came in for a bonnet shape—my wife served her—Davis gave me a half-crown—I broke it in half, showed it to her, and told her it was bad—she said that she would go and get it changed where she took it, as she had only one penny—I gave it back to her—she left and I followed her—soon she joined a woman very like the prisoner, but whose face I could not see, about ten yards from my shop—they went down Royal Oak Passage, where I saw Davis pass to the woman the two pieces of a half-crown—I turned back, and stood on the opposite side—they stood on a grating, and the woman who I think is the prisoner, put something down an area—I followed them, and saw the woman like the prisoner go into a chandler's shop—when she came out I went in and asked a question, and then followed them to East Road, to Mr. Green's shop—Davis waited outside and the other woman went in—I went in and asked what she had tendered—Mr. Green showed me a good shilling—Davis then went to Mrs. Brown's shop and the other woman waited outside—I went in while she was there, and was just in time—Mrs. Brown showed me a half-crown, which I broke in half, and kept one piece and gave Mrs. Brown the other—I said, "This is a bad half-crown"—Davis said, "Yes, it is; I am an unfortunate girl; a gentleman gave it me"—I said, "That is a different tale to what you told me in my shop"—she said, "I was never in your shop"—I said, "Yes, I followed you all the way"—I detained her till a policeman came—I asked a gentleman to stop the other woman, but he would not, and she went off—Davis struggled and tried to get away—the people would have rescued her if three or four gentlemen had not helped me—I gave her in charge with the pieces of the half-crown.
ROBERT ALEXANDER GREEN . I live in East Street, City Road—on 19th March, about 8 o'clock, the prisoner came into my shop for change for a shilling—I gave her two sixpences—Waynforth then came in—I looked at the shilling, it was good.
Prisoner. I never was in your shop. Witness. I pointed you out in the cell.
ANN BROWN . On 19th March, Davis came to my shop in East Street, about 8 o'clock, and another woman at the same time, who I cannot swear to, but whether they were together I cannot say—she asked for 1lb. of beef, but I had none, and Davis for 1lb. of cheese—she put a half-crown down—I was going to give her change for it, when Mr. Waynforth came in and took it—he gave me part and took the rest, and took Davis away—I gave the part of the half-crown to the constable.
JOSEPH ABGENT . I am a general dealer, of Upper North Street, Bethnal Green—that is about a mile from East Street, Hoxton—on 19th March, my wife served the prisoner with three halfpennyworth of cheese, and 1lb, of bread, which came to 3d.—I was standing by, and my wife handed me a florin which the prisoner put down—I took it to Mr. Harris, next door, to test it—he broke it, and I returned and asked the prisoner if she was aware that it was bad—she said, "No"—I asked her name and address—she said she had no home—I gave her in charge, with the pieces.
Prisoner's Defence. I was not aware it was bad, A gentleman gave it to me.
She was further charged with having been convicted of a like offence in May, 1868, in the name of Ellen Smith, to which she
MR. CRAUFURD. conducted the Prosecution.
Davis's Defence. I am an unfortunate girl. I had the money given me by a gentleman. This prisoner is a perfect stranger to me.
GILMORE— GUILTY .— Two Years' Imprisonment.
DAVIS— GUILTY .— Nine Months' Imprisonment.
MR. CRAUFURD. conducted the Prosecution; and MR. PATER. the Defence.
HENRY PLYER MARTELL . I keep the Sir Isaac Newton, Union Street, Middlesex Hospital—on the afternoon of 8th March I was in my bar parlour, and saw the prisoner and another man in the bar, and saw them pass something to Susan Bull, the barmaid, who put it in the their—the other man then snatched it from her, and gave her 2 1/2 d.—she came and spoke to me—I allowed them to leave, and then followed them for three-quarters of an hour—they evidently saw me come out, they were talking together, and kept looking at me—I saw something pass between them—they separated, and I lost sight of them—one went down Regent Street, and one towards Portland Place, and in a few minutes they joined again in Princes Street—I told a constable, who took the pair of them by the collar—the taller man put something into his mouth, and the constable siezed him by his throat and tried to get it out—they were both taken, and remanded till Thursday, and then discharged.
Cross-examined. Q. You never saw the coin? A. No.
SUSAN BULL . I am barmaid to Mr. Martell—on 8th March, I served the prisoner and another man with a half-quartern of gin—the other man gave me a shilling—I tried it; it was bad—he snatched it from my hand, and gave me 2 1/2 d.—they both drank of the gin—I told my master, and he followed them.
Cross-examined. Q. How did you try it? A. In a trier, and nearly
broke a piece out of it—I said, "It is bad," and the other man said, "Oh, is it"—he did not say, "It is a good coin, give it to me back."
JAMES WEEKES . (Policeman C R 50). On 8th March I was on duty at Oxford Circus, and Mr. Martell pointed out the prisoner and another man—I took them in custody—the other, man put his hand in his pocket, and put something like a white coin into his mouth—I siezed him by the throat, but he swallowed it—I took them both to the station—the prisoner gave his name Henry Thompson—the other man pulled out a florin, a half-crown, and a sixpence, all good, and said, "This is all I have got"—I had not, at that time, told them the charge—they were both together then—they were remanded, and discharged.
ALICE CROFTS . I keep a confectioner's shop, in Russell Street—on 15th March I served the prisoner with two buns, which came to 2d.—he gave me a bad half-crown—I bit it, and found it very soft—I gave it back, and he gave me a penny and two halfpence, and left.
SARAH GARCKA . I am the wife of Frederick Garcka, a tobacconist, of 31, Hastings Street, Burton Crescent—on 18th March I served the prisoner with half-an-ounce of common shag—he put down a good half-crown, and I gave him a shilling, two sixpences, four pence, and a halfpenny—he then asked me for some cakes, pointing to them on a shelf behind me, and while I was getting one, he put down and took up some money on the counter—I saw that he had put down a bad shilling—he then said that he did not want the change or the cakes, he would give me change, and would I give him back his half-crown—I said "No," and picked up the change, and called for assistance—my next door neighbour came and held him, and a child fetched a constable—he fought to get away, but did not say anything gave the bad money to the policeman—I saw him at the station putting—I two pieces of money into his mouth, and with the assistance of another constable I took them out.
Cross-examined. Q. Did he pay you in copper? A. No; he said at Bow Street that he did—he put a bad shilling down and picked up my good one—the money in the till was all good—I took the money I gave him from there.
THOMAS WEBB . (Policeman E 110). I took the prisoner, he was charged with passing a bad shilling, but said nothing—I took him to the station, and Mrs. Garcka followed and gave me this shilling—my attention was called to his putting something into his mouth, and I got two shillings from his mouth, both good—I searched him, and found four half-crowns, two florins, two shillings, and three halfpence, all good.
Cross-examined. Q. Did not be say that the shilling he gave to Mrs. Garcka was good, and the shilling be took up was one which she had given him? A. No.
He was further charged with having been convicted of feloniously uttering counterfeit coin in October, 1864, when he was sentenced to Five Years' Penal Servitude, to which he
Seven Years' Penal Servitude.
MESSRS. CRAUFURD. and GRAIN. conducted the Prosecution.
RICHARD DUNN . I am barman to Mr. Dunnett, of the Luke's Head, Little Poulteney Street—on 24th February the little boy, Harper, came in for a half-quartern of sherry, and I gave it to him in this bottle—he gave me a bad half-crown—I bent it—I knew the boy, and asked him who sent him—he said, "A man standing at the corner of the street"—I gave the coin to my master, and by his direction gave the boy the change—he went out at one door, and my master at the other.
WILLIAM DUNNETT . I keep the Luke's Head—on 24th February Dunn called me, and I saw the child Harper at the bar—Dunn gave me a bad half-crown—I told him to give the boy a half-quartern of sherry, and put 2s. 3d. in paper, and detained him while I went down the street—I went and waited till the child came down and handed the prisoner this bottle of sherry and the change—I was only two or three yards off, and heard the prisoner say, "It's all right"—I said, "Yes, and you are all right"—I took him by the collar; he said, "Do not handle me very roughly, I will go quiet"—I said, "Yes, I know you will"—I took him back to my house, and gave him into custody, with this half-crown and the bottle—Harper's parents are hard-working people, living next door to me—the child came every day for their beer.
ANN BATTIE . My husband is a boot maker, of Crown Court, thirty or forty yards from Mr. Dunnett's—on 24th February I was in my shop, and saw the prisoner beckon to the child, who was playing in the street, and give him something like money—he turned the corner into Poulteney Street, talking to the child—I then lost sight of them—a few minutes afterwards I saw the prisoner in custody.
THOMAS ELAM . (Policeman C 76). On 24th February the prisoner was given into my custody, with this half-crown, and he said "I took the 2s. 3d. and the bottle from the boy, but I did not give him the half-crown, and I never saw him before.
The prisoner produced a written defence, stating that he did not deny sending the boy, but did not know that the half-crown was bad.
GUILTY .— Six Months' Imprisonment.
MESSRS. CRAUFURD. and GRAIN. conducted the Prosecution.
JAMES DRAKE . I am shop boy to a grocer at 44, Judd Street—on 15th March, between 8 and 9 o'clock at night, the boy Brown came in for 6d. worth of postage stamps, and gave me a florin—I put it in the till, and gave him change—the till was empty—ho went out and came back in two or three minutes, and asked for one ounce of 3s. tea, which came to 2 1/2 d.—he tendered a florin—I found it was bad, and went to the till and found the other was bad, too—I told the governor, and gave him the coins—he went to the station with him—he is not here.
GEORGE BROWN . I am ten years old—on 15th March, between 8 and 9 o'clock in the evening, I was in Judd Street, and the prisoner asked me if I would go and get 6d. worth of stamps—he told me where to go, and gave me a florin—I went to the shop where Drake was, got the stamps, paid with the florin, and took the change and the stamps to the prisoner, who was waiting in the street—he then asked me to get him an ounce of tea at the same shop, and he would give me a penny—he gave me another
florin—I went, and they tried the florin, and it was bad—I went out and looked for the prisoner, but he was gone—I was in the shop about twenty minutes—the second time there were no other people to be served, but Drake kept me waiting while he went to his master—they let me go, and a lad went with me to the station—next morning I saw the prisoner going into a beer-shop, near Judd Street—I spoke to a constable, who went in with me and took the prisoner.
WILLIAM MAYNARD . (Policeman E 103). On 16th March I was on duty in Cromer Street, and went with Brown to a beer-shop, 18, Tonbridge Street—he pointed out the prisoner among half a dozen persons in the bar—I told him the charge—he said, "I know nothing about it"—he afterwards said that he was no nearer Judd Street than the beer-shop—I found on him 6s. 6d. good money—Mr. Ethel, the grocer, gave me these two florins (produced)—Drake marked them.
Prisoner. Did not I say when you took me that I was not in Judd Street, and the boy must be mistaken. Witness. No.
Prisoner's Defence. I was not in Judd Street, I was in a beer-shop from 7 to 10, and have a witness to prove it. I went to the back twice, but I did not go out till 10 at night. Bad money is a thing I never had in my possession.
Witness for the Defence.
JAMES FOLKES . I am a tailor, of 5, James Street, Euston Road—I only know the prisoner by seeing him at a house I go to sometimes—I saw him three weeks ago this evening, at the Bricklayer's Arms, Tonbridge Street, Euston Road, from 7 to 10 o'clock—I remained there till 11—I was there on business—he wished me good night and left—I was not in his company.
Cross-examined by MR. CRAUFURD. Q. How far is the Bricklayer's Arms from Judd Street, is not it within two minutes' walk? A. If you go the back streets there are three turnings—it would take me more than two minutes—the prisoner might go in three or four minutes—I am certain he was never absent ten minutes till he went away for good—he might have gone to the back of the house, but not for more than five minutes—I did not lose sight of him for five minutes, that I am aware of—I never missed him, he was there whenever I was looking round—I was standing the whole three hours in front of the bar, talking to a gentleman—there was nobody between me and the prisoner—I did not keep my eyes on him the whole time, but I turned them on him at intervals—I was talking to Mr. Brown about business, about dogs, we are both in that way of business—there were only three or four people in the house, and the prisoner was conspicuous by my side—he stood there three hours, smoking his pipe—he had no companion—Brown is not here—he and I had three or four pints of beer—the person who keeps the bar is not here, she could tell you whether the prisoner was there—the prisoner's father went to the house to ask who was there—Mrs. Wyman represented that I was there, and he came and asked me if I would come and speak for his son—Brown lives at Thornhill Street, Caledonian Road, rather more than half-a-mile from the public-house—the prisoner lives in Wood Street, about two minutes' walk from the house, but I did not know that till his father came—nobody came in but some jug customers, who did not stop—I had no reason for watching the prisoner—for aught I know he may have gone out at the back door for
five minutes and come back—I am prepared to swear that there is a jug trade at that house—very respectable people come there—Mr. Wyman has been in business eight years without a single complaint—he was before that at Chapel Street, Somers Town, and left because the house was condemned, being in a bad state—I never heard of any bad conduct there—he was not deprived of his license—I go from house to house with dogs, and am at bird catching all the summer.
Twelve Months' Imprisonment.
Six Months' Imprisonment.
OLD COURT.—Tuesday, April 6th, 1869.
Before Mr. Recorder.
382. SAMUEL BENJAMIN (35), was indicted for that he being a member of a co-partnership between himself and Harris Samuel Cohen feloniously did steal 97l. 10s. belonging to the co-partnership. Second Count—Stealing 76l. 10s. 6d. Third Count—Stealing 96l. 3s. 7d. Other Counts for embezzling the said sums.
MR. METCALFE. and MR. F. H. LEWIS. conducted the Prosecution; and MR. SERJEANT SLEIGH, with MR. BBSLET, the Defence.
WILLIAM HAIGH . I am a solicitor, at 13, King Street, Cheapside—I was acting as solicitor for Mr. Cohen and the defendant in the matter of their partnership—I saw the defendant and Cohen execute this deed (produced)—they both called upon me and gave me instructions to prepare it, on the terms stated in it—before its execution Benjamin required some little time to see as to the connexion of Cohen, and he subsequently called and expressed his satisfaction; the deed was then executed in duplicate—some short time after, Benjamin called upon me alone and represented that the connexion of Cohen was perfectly satisfactory to him and that they were doing very well indeed, that, in fact, they had scarcely touched the capital, having been enabled by the discounting of Cohen's customer's bills to continue their trading—by the sixth paragraph of the deed a capital of 2000l. was to be provided—Benjamin was to bring in 1000l., and the stock-in-rade, fixtures, and good-will, contained in a statement marked A, was to be estimated as the 1000l. to be brought in by Cohen—I did not see the statement marked A—I asked for it at the time of the execution of the deed, and I was told by both that it had been left at their warehouse.
Cross-examined. Q. Whose solicitor were you in the first instance, before this deed was executed? A. I had acted for both—I think I knew Benjamin first—I had known him, I should think, two years, and Cohen fifteen or eighteen months, it was at the period of his bankruptcy—he called on me to represent him in his bankruptcy and I had been previously concerned for Benjamin in the matter of his bankruptcy—Cohen's bankruptcy was about fifteen months ago—I am not able to tell whether he paid 1s. 8d. in the pound, the proceedings are in Court—to the best of my recollection he was carrying on business on his own account, but I am not sure of that—I do not know that he had previously made a composition with his creditors of 1s. in the pound—I did not hear Cohen represent verbally what the value of his stock was previously to my drawing up the deed of partnership—I was made acquainted with the state of Cohen's circumstances, that
his debts would amount to about the same as his assets, and that Benjamin was investing his money on the one hand and Cohen his connexion and good-will on the other—Benjamin represented that he could not trade in his own name and that Cohen's business was the business he wanted, he finding the capital and Cohen the connexion—I did not understand that the 1000l. was to be procured by Benjamin from his friends—I undertook that he had the money in hand—I do not know that a member of my family introduced them to each other—I think Mr. High, sen., was known to Mr. Cohen for the same period as myself—he is not here—I should say Cohen was not indebted to him for some considerable amount—my father was simply an agent, Cohen was indebted to his principals, some Yorkshire people.
MR. METTCALFE. Q. You say you have known Cohen in business about fifteen months before the partnership? A. I think about that period—I can't say that he was then carrying on a fair, substantial business; I understood the only thing he required was capital, that he was doing a good business, he was pinched for want of means—I did not see the stock at all—Benjamin was baukrupt about the same period as Cohen, fifteen or eighteen months ago—I understood he could not carry on trade in his own name owing to the bad odour attached to the name of Benjamin.
HARRIS SAMUEL COHEN . I lived at 22, Union Street, Spitalfields, at the time in question; I do not now—I carried on business as a woollen ware-houseman since October, 1867, not in Union Street, but at the West End—I have been in the trade twelve years—I think I went to Union Street, about August, 1868—I had been bankrupt about two years before that, I then handed over 950l. worth of property for 1100l., and got my discharge—I never paid 1s. in the pound—six years ago, I was in partnership in Regent Street, and we paid 6s. in the pound; that was through my putting my hand to accommodation paper for other persons—I had got quite out of my difficulties, and was carrying on this business with success—I entered into this partnership in September, 1863, with Benjamin, he was introduced to me by his brother-in-law—a statement was prepared before the deed was executed, it was written by me, and checked off by the prisoner, and handed over to him—we went through the stock and books; that paper contained a true statement of my affairs at that time—this is a copy of it (produced) here are two papers, one is the statement checked off at the time; and the other was made at the time we went through the stock and marked it down—(William Henry Randoll proved the service of a notice on the defendant and his attorney, to produce this and certain other documents in his possession.)—This is a copy of the summary which he had—the stock and fixtures amount to 425l. 7s. 2d., and debts 170l., total 595l. 7s.; then there is rent and taxes paid in advance, making a total of 607l. assets, and on the other side, there is a list of creditors amounting to 672l. 5s. 2d., there is 20l. to be deducted, making 652l.—when the prisoner returned the paper, it had this memorandom on it, "The above is the statement mentioned in the partnership deed, clause 6; the difference between this amount of 562l. 10s., and 1000l. I undertake to make good out of my share of the partnership profits, within two years from this date."—Two or three days before the deed was signed, we went through the stock, and this other paper represents it, it is 363l. 10s.—there was 80l. at the bank the day previous to his joining—he only paid in one sum of 500l. at the time the deed was executed, and I never heard until we got to the Police Court that he had paid in any more
money—there is an entry of another 500l., but whether paid or not, I can—not tell; it might arise from shipping transactions—we continued to carry on the business till 7th December, 1868—I went about and took orders, and also bought goods—the prisoner did nothing except in the counting house—he attended to the business in town, and made inquiries—the week before 7th December I went to Yorkshire at the prisoner's request, to buy goods at Leeds, Huddersfield, and the cloth districts—I gave orders for 500l. or 600l. worth of goods, most of them were sent—on 7th December, I went on one of my rounds to Colchester, Cambridge and Oxford—when I left, the stock on the premised was, I should say, over 2000l.—when I got to Cambridge, I got this telegram—(the original wet produced by Robert Melbee)—this is the prisoner's writing—(Read: "10th December, 1868. I have seen the solicitor and arranged satisfactorily. Mr. L's order is sent, waiting for more orders from you")—I had sent a letter to the prisoner previous to that—I have not seen it since—there was a bill of Marling & Co., becoming due on 4th December, while I was on the Yorkshire journey, and the telegram refers to that—I don't know what the allusion to Mr. L. means, I know nothing of any such order—I never authorised the prisoner to dispose of the stock, or draw out the money, nor did I know anything at all about it—I returned to London late on Friday night, the 11th, accidentally; I was not to return till the week after—I had instructions from the prisoner to go on to Bristol—I got to our place of business after 7 or 8 o'clock—it was closed—the prisoner lived on the premises—I did not find him there—I went again between 8 and 9 o'clock next morning, and found the door closed, and a bill on the shop door; this is it—"Re-open on Monday morning, at 8 o'clock, as usual"—I tore it off in a passion—it has been pasted together since—some gentlemen of our religion close on Saturday, we did not, ours was a different class of trade, wholesale—we had never closed before on Saturday, except on the day of atonement—I got into the warehouse through the next door, got through the window, and broke the door open, and I found the place nearly cleared out—there was only between 200l. and 250l. worth of stock left—I then went to Mr. Lewis—I afterwards went back to the warehouse, and stayed there three or four hours, till about 3 o'clock—the prisoner then drove up in a Hansom—when he came in he was stunned to see me—he said, "Holloa! when did you come back?"—I said, "When did I come back! you see me now; what have you done with the goods?"—he said, "What goods?"—I said, "What goods? you have drawn all the money from the bank"—he said, "Who told you?"—I said, "Never mind who told me"—he then called me a liar—I said, "I shall charge you"—as soon as I said that, he rushed out to the cab and told the man to drive on to Bishopagate Street—I got on with him, and struggled with him, and collared the reins, and said, "Drive to the police-station"—we had a struggle for over a quarter of an hour, and I ultimately took him to the station, and gave him in custody—we kept books—they are here—I found no entry of sales in the day-book while I was away—there is some scribbling of figures in the order-book—there is no entry of cash received—at the time I started on my journey there was 538l. in the bank—there was none when I came back—I did not authorise the prisoner to draw it out, except in regular trade—there were no bills out, or any large payments to be made—Marling's bill of 76l. 7s. was a debt contracted by me in my former Business, and under section 7 of the partnership deed it was to be paid out of the partnership funds—that bill was presented at the bank before I
returned, and not paid—I paid it—these eight cheques (produced) are in the prisoner's writing—this one of December 9th is filled up by his brother-in-law—there is one for 97l. 10s., drawn in favour of Cohen—I had no creditor of that name—I did not receive that money—the cheque was not drawn by my authority—here is another drawn in the name of Benjamin—the prisoner had no right to draw for himself—here is another for 76l. 10t. in favour of Marling—that is the exact amount of their bill; and one in the name of Libby—there was a bill of that amount, but not coming due for three months—that bill has not been paid.
Cross-examined. Q. Had you a stock book? A. No—there was no one employed as manager or clerk—the prisoner's brother-in-law, Benjamin Benjamin, who went by the name of Elias Brown, came as an assistant, to give his assistance for nothing—I did not know he was the prisoner's brother-in-law till after this charge—he gave his assistance from the commencement; in fact, before the partnership, he looked through the books—I entered into no agreement to pay him a salary, but I signed a letter—I have not seen it since—when I gave the prisoner into custody I put a man in possession of the premises—the books and papers that were taken possession of are in Court—they are in the hands of the assignees, they took possession of everything—there were two bill books, they are here—Brown kept the books, there is no banker's book, all money received was to go into the bank—it was the prisoner's duty, or Brown's, to make entries in the books—I had nothing to do with the counting-house—the entries in these bill books are in Brown's handwriting—these entries of bills receivable were made by him at the time the partnership commenced—I gave him the particulars, and stood by while he made the entries—I did not dictate them all, I dictated to him the particulars of all bills that were coming due which I had accepted before the partnership—here is an entry of Marling's bill, for 76l. 10t.; but he has made a mistake and put it in the open account, instead of the bill book—it is in Brown's writing—I have seen him here to-day—I did not tell him that Marling's bill had been settled—all the books were produced at the Police Court, not by me, they were brought by the boy, they were in the hands of the assignees—I don't know whether the bills payable book was made use of there, I was not examined about it—I could not state the particular items of which the 2000l. stock was composed, it would be impossible, it would take a week or two—the invoices are here, representing the goods, and the invoice book—this is it (produced)—that represents over 3000l. worth of goods, I should say—I will venture to swear there was over 2000l. worth of these goods came in after the partnership—I had not known the prisoner more than a week or two before we entered into partnership—I had never seen him till he was introduced by his brother-in-law—I told him before the partnership deed was executed that I had been a bankrupt; he knew it; I told him so distinctly—I did not tell him I had made a composition previously, but he knew it, I should say—my name always stood good in Yorkshire—I did not know that the dividend paid on my bankruptcy was 1s. 9d. in the pound—I know that I handed over 950l. worth of property to my creditors—I can't tell what dividend was paid—Messrs. Tippett & Son were the solicitors—at the time of the partnership I banked at the National Bank, King's Cross Branch—I was not overdrawn there, I had a balance of 80l.—I also banked at the National Provincial Bank—my account was not overdrawn there—I changed my bank for my own convenience—I did bank
at the East London Bank—I transferred my account from there to the National Bank on 23rd September, for reasons—I can't tell with what amount I commenced at the National, I believe it was 80l. or 90l.—I did not borrow it—I got it from goods sold and accounts got in—I banked at the National Provincial for twelve months when I lived at the West End—I did not refer the defendant to the manager of that Bank, and take him there just before executing the deed—I took him to the National Bank, King's Cross, to pay his 500l. in—I did not previously communicate with the manager, and ask him not to let the defendant know I was overdrawn there—the prisoner went to the East London Bank without my authority, and made inquiries with reference to my account—that was a week before the partnership—I got very hot and passionate about it, and said, "You are not to make any inquiries at any bank without asking my consent," and I wrote to the manager not to allow anybody to look at my account without my consent—that was not the day before the partnership; it was a week before—I did not then state that if the defendant were to know I was overdrawn it would prevent me from receiving 1000l. from him—if you have got the letter I will tell you—I can't recollect what occurred nine months ago—I don't think any cheque of mine had been dishonoured at that time—I had overdrawn my account with the authority of the manager to the amount of 20l. odd, but I will undertake to swear the cheque was paid on the same day—I had a bill of sale on my furniture at the time the deed was executed—the prisoner knew it before that, for he had made inquiries at the Trade Protection Office with reference to me—I swear he knew it before he paid his 500l.; I told him—directly after the execution of the deed he sent my 20l. to pay off that bill of sale—he took it out of the firm's money—he had the privilege of drawing the cheques, so he had to give it to me—I had no goods in pawn at the time of the partnership—I have not been in the habit of pawning stock, not for myself—I have pawned goods at Attenborough's and Harrison's, not my stock, but from other quarters—wherever I could get a percentage for my trouble—I had not been pawning goods the month previous to the partnership, to meet acceptances coming due—I bad none coming due—you misunderstood, it was not for myself I pawned them—I pawned some of my father's—I had been in business with him previously—I was not with him when I made the composition—that was six years ago—I have pawned goods at Attenborough's and Harrison's, upon which I did make a profit—they were not my own goods—the only thing that I pawned of my own was a piece of cloth for 8l., and that is now in the hands of the pawnbrokers—I told the prisoner I had been in the habit of pawning goods, at least I told his brother-in-law, and he knew all about it—at the time I gave him into custody he did not tell me that I had grossly deceived him and that he was taking the money to the Union Bank, to pat it there for safety—he said nothing of that sort till he was charged before the Magistrate, and not then till the second examination, when his solicitor said it for him—he said nothing of that sort when I gave him into custody—he did not want to give me into custody when he was at the cab, but at the station he said, "Keep him, too"—he said to the constable "Here is a partner wants to give me into custody," and he said the same thing at the station when he was charged, "I am a partner, I have the keys; he can't charge me"—he came into the passage of the warehouse before I gave him into custody, that was where he saw me and was stunned—he never went up stairs, or into any room—the
constable asked me what I charged him with, and I said "Felony"—he did not say that he charged me likewise with obtaining his money by fraudulently pretending I was solvent; I swear that—he did not say to me, before I went out of town, that it was a scandal for me to drag a man into difficulties and that I was 400l. or 600l. behindhand instead of having a surplus—he never said a single word of it—I accused him of trying to sacrifice a lot of goods, and he denied it before Mr. Alford, the creditor—I never heard that the bank refused to discount any more of our paper, until the manager told me at the police-station—the prisoner never told me so, nor did Brown—I have not brought Brown here to-day—there was no discussion between me and the prisoner as to the expediency of changing to some other bank in order that we might get discounts—I doubt that the prisoner ever paid in his other 500l., because he never told me of it—I can't tell you whether a sum of 545l. was paid in on 9th October—if it was, I can't tell when it came from; I should say it was from shipping—I know he drew a cheque for 200l. and another for 100l. about that time—there is a sum of 500l. odd entered in the bank book—he had a pass book in his possession—the National Bank in Old Broad Street was our last bank—I don't know whether a sum of 200l. was paid in there on 6th November—he had the books in his possession and always kept his desk locked—I stated in the Bankruptcy Court that the stock that was given up amounted to 500l.—some goods came in afterwards.
ARTHUR WILLIAM FERN . I lire at 11, Alice Road, Grove Road—I was porter to the prisoner and prosecutor from the 5th October, 1868—I used to open the warehouse—it was ordinarily opened on the Saturday, in the morning—at the time Mr. Cohen left town, about 7th December, the ware-house was very full—there was no room to put any more stock; I did not know where to put any—in consequence of the fullness of the down stain room, I had to move some stock up stairs—I remember some heavy sales being made after Mr. Cohen left town—that was the same week the shop was closed—the prisoner told me, if I was asked if any goods went out I was to say I did not know anything about it, and I should not get into any trouble—he did not give me anything at the time he said that—he had given me a pair of boots before, but he did not give them to me for anything; he said they hurt him—I remember a sale being made by the prisoner to a Mr. Samuels, on 9th December—he paid me 53l. in gold—I put it into the drawer, and afterwards gave it to Mr. Benjamin—he said, "You had better run down with it to the bank," and then he said, "Never mind, I will take it myself"—I recollect the notice being put on the door—I had only seen it put on on one occasion between that and the holidays—there were some pieces of goods that went to Mr. Spires, of Houndsditch, and the prisoner said to me, "You need not enter them in the delivery book, as they will pay for them."
Cross-examined. Q. From time to time was the prisoner's brother-in-law, Benjamin Benjamin, there, attending to the books? A. I don't know Benjamin Benjamin—I know Mr. Brown; he was there occasionally—the shop and parlour were made into one, and occupied as a warehouse, and the front room up stairs was an office, and the back room was the packing room—the goods that were taken up stairs were some that came from Yorkshire—we could not put them anywhere else—from 5th October up to December, goods were sold from time to time and sent into the country, and occasionally some in London—Mr. Cohen was not there very often—he
did the out-door part—I had nothing to do with the accounts—I think it was the week Mr. Cohen went out of town that the boots were given me—Mr. Benjamin said I looked rather shabby—I don't think Mr. Cohen was there then—it was said, in Mr. Cohen's presence, that I was to have some clothes, to make me look better—I was to pay for them—Mr. Alford, a traveller, was sometimes there—the expression about getting into trouble was used on one occasion with reference to him—I think that was about a week before Mr. Cohen went down to Yorkshire—I have been entrusted to go to the bank—I was a good deal on the premises—I never heard any conversation between Mr. Cohen and Benjamin about the bank not giving them the facilities they wanted in the way of discount, or about changing from one bank to another, in order to get bills discounted—I was not there on the Saturday afternoon when the prisoner was taken away—I came in the morning and saw the notice up, and went away.
COURT. Q. What were these goods that were given to Mr. Alford, which you were told not to enter in the delivery book? A. It was not Mr. Alford, it was Mr. Spires, of Houndaditch—I was to say I knew nothing about the goods going out—I think that was before Mr. Cohen left town—Mr. Alford asked me on one or two occasions where I lived, and the prisoner told me not to satisfy him, not to say anything about it, and I should not get into any trouble—that was about three days before Mr. Benjamin was taken into custody.
FREDERICK MOORE . I am head cashier at the National Bank, Old Broad Street—I produce a cheque for 93l. 6s. 7d. dated 9th December, 1868, drawn in favour of Libby—I produce a copy of the ledger accounts—I find a cheque for 60l., drawn in favour of Benjamin, paid in gold on the 9th—this cheque of Marling & Co. for 7.6l. 10s. was paid with a 50l. note, a 20l. note, and a 5l. note, and the remainder in cash—the account does not show how the cheques were paid, but the cheques do; they are endorsed—all these eight cheques are made payable to bearer.
Cross-examined. Q. Can you tell us the exact state of the discount account at the bank? A. No, I have not got that—the submanager is here, and can give you all that information.
JAMES EBENEZER COULSON . I am a linen draper, in Crombie's Bow, Commercial Road—I purchased some goods of the prisoner in December last, for which I gave him this cheque for 123l. 4s.—it is a crossed cheque, payable to order—he asked me to make it open, and I put on it the words, "Pay cash"—the date appears to have been altered—I believe I altered it myself—I might have put the 11th, and it might have been paid on the 12th.
Cross-examined. Q. I suppose, as you are in the trade, you are a judge of cloth? A. Yes—I have seen the prisoner's premises—I know the size of the room where the cloth was kept—I should not think 1000l. worth of goods could be put there, it was too small, a great deal—I can't remember whether I went up stairs.
MR. LEWIS. Q. A good deal would depend upon the quality and price. A. They were common goods—I cannot remember on what day I was there—it was three or four days before the transaction—I say, decidedly, they could not put 1000l. worth of goods in the lower part of the premises—they were very small—the goods were not heaped up high, there was plenty of room for more—the shop included the back room.
bought some goods of the prisoner somewhere about 8th or 9th December to the amount of 170l., I think—I was not a regular customer of the from—the prisoner called in the usual way, as a town traveller, on Monday I think the 8th December—it might have been the week before that he first called—there were two sales, I think—the first was on Monday, the 8th, and the second on the Thursday following, the 11th—I paid him in gold on the Thursday—he said he had a bill to meet that day—I gave a very good price for the goods—it was not at all a good bargain—I bought more than that last week—at the time I was looking at the cloth he said something about some gentleman passing, or about his partner—I can't recollect whit it was—it did not interest me at all—I was looking at what I was about to buy—I made him an offer for the goods on the Monday, and he came on the Wednesday evening and said I could have them, and he brought them on the Thursday morning—I went to his place and saw the goods in balk, and he said he would see his partner, and if the price I offered would do he would let me have them—he did not let me have them at my price—I advanced 3d. a yard on the doeskins—that would make a difference of some 2l. or 3l.
Cross-examined. Q. Are you a judge of these kind of goods? A. Yes, a very good judge—I saw the stock at their place on the Monday—it was a very small place—I should not like to give 1000l. for what it would contain, if full, not for that class of goods—I gave a fair price—I bought a good deal better last week.
PHILIP SOLOMON . I live in Union Street, and am a woollen draper and job dealer—I am the prisoner's brother-in-law—on 9th December I made a purchase of him, for which I gave him this cheque for 77l. 6s. 9d—it is payable to a number, and not to a name—that was at his request—he gave me no reason, and I did not ask—it was immaterial to me how I drew it—I draw it in any way that suits the person's convenience—I did not take a receipt for it at the time—he said he had immediate occasion for the money, and would send the receipt in the morning on a printed form, but he did not do so, circumstances prevented him—he came in to me and said "There is an opportunity of buying some goods to your advantage."
Cross-examined. Q. Do you know anything about woollen goods having been pledged by Cohen? A. I do—I hid dealings with Cohen just prior to the partnership—he came to me with a number of pawn tickets, and said, "These would be worth your while to take out, I have not the means of taking them out; there is an opening to make a very fair profit out of it"—they were all pawned in his own name—I took out something like 90l. worth—they realized a very handsome profit, I can't say it was 190l. exactly—I sold 140l. worth to Coulson—I made an agreement with Cohen that I was to have 6d. a yard profit, as they were not for myself—he did not tell me why he pawned them—this was scarcely a month before the partnership, I should say from two to three weeks before—I bought from Cohen after the partnership—in the lot for which I gave 77l. 6s. 9d. there were some on which I overbid myself, I should be glad to see my money back—others I am inclined to hold—I have purchased quite as cheaply of Cohen as I have of the prisoner—I have often been to their place—I went there the day previous to paying for these goods, I think it was the 8th or 9th—should be very sorry to give 1000l. for all the goods there—up in the I front room there were only three or four very heavy pieces of a common description of serviceable stuff, which I offered money for.
MORRIS WALTERS . I am a clothier, of Church Street, Spitalfields—on 8th December, I bought some goods of the prisoner—some I had bought about three weeks or a month previously—on the 9th I paid him 100l. by crossed cheque, and a banker's draft for 18l.—he took off a discount of one-and-a-half per cent. for ready money—the cheque was returned, as he forgot to endorse it, and I gave him an open cheque—he did not say why he wanted an open cheque—I don't think he did, I can hardly remember—he might have said he had some payment to make, I really do not remember—he said the bank had refused to discount his bills, and asked me to discount them for him.
ROBERT SOMERS . I am an attorney, of 5, New Bridge Street, Blackfriars—I am attorney for Messrs. Marling & Co., of Stroud—I produce a bill drawn by them and accepted by Cohen & Co. for 76l. 10s.—it was due on 4th December—it is still unpaid and noted—I communicated with the firm of Cohen & Co. with reference to it—I heard nothing from them—I have never seen this cheque for 76l. 10s. drawn in favour of Marling & Co.
Cross-examined. Q. This bill seems to be payable at the National Provincial Bank of England? A. Yes, it is one of Cohen's own bills—the prisoner is not liable on it—when it was presented these words were written on it, "Account closed, refer to acceptor."
COURT. Q. Did you have any communication with the prisoner about it? A. No, none whatever—I applied for it immediately on its becoming due.
WILLIAM HAIGH . (re-examined). I should imagine, from the various proofs that have been presented to the Bankruptcy Court through me, and also the claims made by the creditors, that the amount of indebtedness of Cohen & Benjamin would be between 1500l. and 1600l.
PETER SCOTT . I am a tailor, of Church Street, Arlington Square—on 11th December, I bought a small quantity of goods, amounting to 4l. 4s. 2d.—next day I saw the prisoner in Bishopsgate Street—he produced two bank notes for 50l. and 20l., and asked if I would go and get change for him, which I did—he did not tell me to get any particular change, but I got gold—I endorsed the notes in my own name; the prisoner did not ask me to do so.
Cross-examined. Q. Have you been thirty-five yean in the business of a woollen dealer? A. Over that—on 9th November, I saw Cohen and Benjamin together, and I negotiated then for the purchase of goods to the amount of 20l., which I have not received—Cohen asked me how it was to be paid, whether I would give a bill for the amount, which I did, with a promise that they should take the money by instalments—I went afterwards and got goods on two occasions—I was at the warehouse on the Saturday morning, the 12th—I found the prisoner there, and I selected some goods—I saw all the goods that were there—I can't give their value exactly, but if I had had the money, I would not have minded giving 300l. for them—I should have been very sorry to give 1000l. if the warehouse had been full of that class of goods—if it had been full I should say 1300l. would be the uttermost value—after looking over the goods on the Saturday, I went with Benjamin to look at a shop in the New North Road, which I was about taking, and an appointment was made for 4.30 that afternoon—before I parted with him we were against the Bank of England—there are two banks in Princes Street, which were visible from where we were, and some conversation took place between us in the sight of one of those banks—I did
not see what became of Benjamin, he went towards one of those banks—I left him and got in an omnibus—I wrote a letter to him afterwards, and I found it on the desk when I went to the warehouse, in the presence of Cohen—I wished Cohen to open it—he said as Mr. Benjamin was in custody I could open it myself, and I did in his presence, and showed it to him—he said it was no use, I could burn it, and I did so—it referred to the appointment with Benjamin on the Saturday, at 4.30.
MR. LEWIS. Q. I suppose you hare seen the attorney on the other side? A. I saw him at the Court—I have not given him a statement of what I could prove.
JAMES WILLIAM BEECHY . I am a tailor, of 3, Montague Street—I took this cheque for 96l. 3s. 7d. to the bank, to be cashed, for the prisoner—I went to his place, I won't be certain whether he drew it while I was there—I did not see him write it—he asked me if I would cash it for him—I cashed it in notes—I endorsed them with my own name; he asked me to do so—I asked him the reason, and he said he was going to send them into the country—the cheque is dated December 9th—I cashed it on the day he gave it me, I did not notice the date—it was on the Friday before he was taken on the Saturday.
Cross-examined. Q. Did Mr. Cohen take you to Mr. Lewis, the attorney, for the purpose of having your evidence taken down? A. Yes—as we went along we had some conversation about Benjamin; he said that he would get him five or ten years' penal servitude, and my evidence would do so.
MR. LEWIS. Q. Have you been communicating with the solicitor for the defence? A. Yes, I was subpoelignaed—I told several people what Mr. Cohen said to me—I did not ask Mr. Cohen to give me money for my evidence, nor did he tell me he could not—he said after the case was over, if I would swear I gave Benjamin the bill, I should not want for cloth to go on with my business—that was a bill of 19l. 10s. that Mr. Cohen got of me, that I had no consideration for—he promised to let me have goods, as I wanted them; but after I had given him the bill, I could get no goods—I gave the bill to Mr. Cohen—he wished me to swear that I gave it to Mr. Benjamin.
WILLIAM HENEY BAILEY . I am a tailor, and was in the service of Mr. Hill—in December the prisoner ordered an overcoat at my master's—he came on the Saturday, in a cab, and said he should want it by 6 o'clock, and if it was not done by 6 o'clock it would be of no use to him—he had ordered it before—I can't quite recollect what Saturday it was, but I believe it was about the 12th—I don't know whether it was the day he was taken into custody.
Cross-examined. Q. I suppose you have a book in which you put down your orders? A. I have not. I did not take the order—it was not some weeks before, it was the same week—I should not like to swear it was not in November—it was a brown beaver walking coat.
Cross-examined. Q. Where were you when you were called? A. In Commercial Street—I went to Union Street and found a cab at the door—the cab driver is here to-day—the prosecutor and prisoner were both talking at the same time, and each wanted to give the other into custody—I asked
what it was—Mr. Cohen said the prisoner had been robbing him, and he should give him into custody for felony—the prisoner said he was partner with him, and could not give him into custody, and if he did he should give him into custody—I don't remember his saying that Mr. Cohen had grossly defrauded him—when we got to the station he said that he had parted with 1200l. of his money at Cohen's representation, that he had been grossly deceived by him, and he had found out that instead of being solvent he was deeply in debt.
CHARLES HUDSON . (Police Sergeant H 14). The prisoner was brought to the station on the 12th, and the prosecutor charged him with felony—he was searched—he had a great coat on his arm and this canvas bag underneath it, which he handed to the constable, and the constable to me—altogether 733l. in gold, was found on him, including a 5l. note, two cheques, one for 60l. which I have here, and one for 42l. 19s. which has since been cashed—I also found on him eight bills of exchange—he said he had put 1200l. into the firm, and wanted the prosecutor detained as well as himself—I detained him, and let the prosecutor go.
Cross-examined. Q. Do you remember his saying that Cohen had represented that there was a surplus in his business of 1000l. to meet his 1000l.? A. I did not hear that; they were both in a very excited state and wanted to charge each other.
HARRIS COHEN . (re-examined). It is not true that I told Beech that I wanted Benjamin transported for five or ten years, or anything to that effect—I took him to Mr. Lewis—he asked me for money for his expenses before he went—I said "No."
Cross-examined. Q. Was nothing said about penal servitude? A. No, not a word—Wells, the cabman, was examined before the Magistrate.
WILLIAM FREDRICK INGELOW . I am sub-manager of the National Bank, Old Broad Street—I have the discount account of this firm, the first transaction was on 26th October, and the last on 2nd December—I told the prisoner about that time that I had as much under discount as I wished, and I refused further discount—I had 415l., under discount at that time—that was the largest amount—it was conducted entirely through the prisoner.
HARRIS S. COHEN . (re-examined). All the invoices are not contained in the statement produced, not within 400l. or 500l.—one invoice for 200l. worth of goods was found on the prisoner when he was apprehended—I cannot give distinctly the amount of sales from the time of the partnership up to 2nd December—they would amount to perhaps 400l. or 500l.—I was away principally, so I could not tell—the prisoner carried invoices about with him and invoiced them on the premises where he sold the goods.
MR. SERJEANT SLEIGH. submitted that the facts proved in this case did not establish the offence contemplated by the statute, which was evidently intended to apply to joint-stock companies and benefit societies, not to mere simple commercial co-partnerships such as this. If that were so, the counts for larceny could not be supported. As to the charge of embezzlement, the very essence of that offence was that it should be commuted by a person in the employment of another, and that the money received should never reach the masters possession. MR. BESLEY, on the same side, contended that the words of the statute, "joint beneficial owners," must have a limited signification; they were clearly intended to meet the case of a society and not of an ordinary co-partnership, otherwise upon the conviction of one partner of felony, the goods of the other might be
forfeited to the Crown. THE RECORDER. could not limit the words of the statute, he considered tiny applied at much to a partnership of which two persons were members at any other.
GUILTY .— Twelve Months' Imprisonment.
383. ISAAC REED (55), GEORGE HARWOOD (20), JOHN ANDREWS (36), and JANE HAYWOOD (40) , Feloniously breaking and entering the dwelling-house of Alfred De Pinna, and stealing therein 15,800 feathers, his property. Second Count.—For feloniously receiving the same.
REED PLEADED GUILTY .— Twelve Months' Imprisonment.
HAYWOOD PLEADED GUILTY .— Two Months' Imprisonment: The Police stated that she had assisted in recovering the property.
MR. GRIFFITHS. conducted the Prosecution; and MR. HARRIS. defended Harwood.
ALFRED DE PINNA . I am an ostrich-feather manufacturer, of 49, Lower Whitecross Street—about 8.30 on Friday night, 19th February, I left my warehouse door locked and padlocked—there is a skylight at the back—that was perfectly safe at the time I left—I returned to the warehouse about 9.20 next morning—I found the skylight was broken, and feathers hanging from the glass—an opening was made large enough for a person to get in—one of the policemen got through it—I found that 178 boxes of feathers had been taken from the shelves and emptied, and were standing on the floor—the value of them was 1000l., we have recovered about 500l. worth.
EDWARD HARDING . (City Police Inspector). Between 9 and 10 on the morning of 20th February I went to the prosecutor's premises—I found they had been entered by the skylight, and boxes and feathers were strewed about the warehouse—there is a water-pipe running up at the back, through the skylight, from Baptist's Head Court below—I found a screw-driver in the gutter, and this piece of wood with a cord attached—by putting that piece of board on the skylight a person could drop himself into the ware-house by the rope.
JOHN MOSS . (City Police Detective). About 10.30 on Saturday morning, 20th February, I received information of this robbery—about 11.30 that night I went to Gibraltar Walk, and there saw the prisoner Reed and his brother, who is not in custody, Harwood, and Andrews—on the Tuesday morning I obtained a search warrant, and went to the shop of Jane Haywood, 72, Church Street, Shoreditch—before going there, I went with Obee to 6, Westhampton Street, Hoxton, where a man named Trowbridge lives—we there found 3000 feathers in the cellar—Mrs. Trowbridge made a statement to me, and I then went to Hay wood's shop, with Mitchell and Obee—I found about 150 feathers in the shop, at her place—she made a statement to me, and mentioned certain names—I took her to the station—shortly afterwards Harwood was brought in—I charged him with being concerned with others in breaking and entering Mr. De Pinna's warehouse, 49, Lower Whitecross Street, and stealing there from a large quantity of ostrich feathers—he pretended at first not to understand the charge—he was asked his name—he said, "Before I give you my name, or any particular, I want to know what the charge is"—I again told him, and he then said "I refuse to give my name and address till I get before the beak"—I went to 2, Charles Street, Hackney Road, where the prisoner Harwood? mother occupies a room, and there found 2990 feathers—I was directed to that
house by Haywood—I afterwards went, by her direction, to 19, George Street, Hope Town, and found some more feathers, and some small pieces corresponding with others—at the house occupied by Trowbridge I found a crowbar, a centre-bit, and a screw-driver—we have not been able to apprehend him—I produce a sample of the feathers.
Cross-examined by MR. HARRIS. Q. Did you find any more prisoners? A. Two more men were taken and discharged.
SAMUEL OBEE . (City Policeman). I was with Most when he searched Trowbridge's house, and found the feathers—on Monday night, 27th February, I went with him and other officers to Church Street, Shoreditch, and saw Harwood and Trowbridge leave a beer-shop in Club Row—we followed them to 72, Church Street, the house occupied by Hay wood—Harwood went in there, and Trowbridge went into the beer-shop next door—in a few minutes Harwood came out, and went into the beer-shop—the two came out together, and I followed them to Boundary Street, where they went into a beer-shop—I saw Trowbridge come out first, with Mr. Haywood—Harwood remained inside—they stood talking outside for five or six minutes, and then went in again—I then saw Harwood, Reed, Andrews and Trowbridge come out together—they went towards Shoreditch, and were followed by constable Wines and myself—I followed them about, and at last saw them in Old Street—they all four went into a public-house there—I did not go in, but I could see through the opening of the door—I saw them give one another money, and in conversation together—I afterwards went into the next compartment—I heard one of them say "That is 3l.," and another one said "No, it is 4l. each"—they called for some cigars, and asked for some change—I then came out and looked in, and saw the four in the same compartment by themselves—that was about 11.30 at night—they came out about 12 o'clock, and got into a cab—I followed them sometime and left Wines to watch them.
Cross-examined. Q. Did they see you when they were talking about this money? A. No—there was only a glass partition between us, but I kept back so that they could not see me—I could not say who it was handled the money—I saw money—it was gold—they all had their hands out—I saw money pass from one to the other—I believe it was Reed had the money, but I could not swear it—I was not close enough to see how many coins they had in their hands.
WILLIAM WINES . (City Policeman). I had a great deal of hard work on this night, and have had a paralytic stroke since—on the night of 20th February I watched the house, 14, Gibraltar Walk, with Obee and other officers—I saw a man not in custody go and peep through the window of the shop occupied by Haywood—on the following Monday, the 22nd, about 9 o'clock, I went with Obee to Church Street, and saw the prisoner Reed in the street, with Andrews and another man—Reed went into Haywood's shop with Andrews—I left them in the shop, with an officer to watch them, and went back to watch a public—house in Club Row, kept by Harwood's brother—I saw Harwood, and another man not in custody, go in the direction of Haywood's shop, followed by Obee—I remained watching the public-house—I afterwards saw Andrews and Harwood return, followed by Obee—I afterwards saw Harwood and Reed, Andrews and Trowbridge, at the bottom of Church Street, in company—they all four took a cab opposite
Shoreditch Church—I and Obee ran after the cab—it set them down at the corner of Murray Street, New North Road—they all four went through several streets till they came to Westhampton Street—they went into No. 6, where Trowbridge lived, and remained there about a quarter of an hour, and then came back by the City Road to a public-house—they went into two public-houses, one close by Old Street, in Patel Street, and stopped about a quarter of an hour, and then went to the Prince of Wales, in Old Street—they all four remained there till the house closed it 12 o'clock, and came out together—Andrews, in company with a female, went into a coffee-shop close by—the other three went in the direction of Shoreditch, followed by Obee—I remained watching the coffee-shop till near 1 o'clock, and then left Andrews there having a beefsteak supper, and went to Shoreditch, where I saw Obee standing outside Hawkins' public-house—I saw Reed, Harwood, and Trowbridge inside there—they remained till nearly 1 o'clock, and then came out together, in company with a man with a cornet—they took a cab, and drove along Church Street, Shoreditch, up Bethnal Green Road, and then came back to Church Street, and took of another man in the cab—they then drove to Charles Street, stopped at No. 22 there and spoke to someone, and then drove about several street in the neighbourhood of Bethnal Green and Shoreditch—the man with the cornet was in the cab with them, playing the cornet—I heard one of them say, "Give me my b—whack, you are messing me," and the answer was, "How the b—can I pay you when I have only got 3l.—I could not say who it was said that—they drove about the streets till nearly 3 o'clock in the morning—they got out at a coffee-shop in Kingsland Road, when I left them, and went and communicated with Sergeant Moss.
Andrews' Defence. I am quiteinnocent.
HARWOOD and ANDREWS— GUILTY .
Harwood was further charged with having been before convicted of felony, at the Clerkenwell Police Court, on 18th July, 1862, in the name of James Howard.
HARWOOD— Seven Years' Penal Servitude.
ANDREWS— Eighteen Month' Imprisonment.
384. JAMES DAVIS (16), and CHARLES PETTIT (15), PLEADED GUILTY . to a burglary in the dwelling-house of Thomas Ames, and stealing two coats, his property—DAVIS— Eight Months' Imprisonment.—PETTIT One Month's Imprisonment, and Three Years in a Reformatory.
NEW COURT.—Tuesday, April 6th, 1869.
Before Mr. Common Serjeant.
386. WILLIAM FOSTER (27) , PLEADED GUILTY . to stealing, on 8th February, one bag, four collars, one comb, and other articles, the property of John Hulbert; also to stealing, on 6th March, one umbrella, of Thomas Hasher Pearson, having been before convicted in January, 1868— Seven
Years' Penal Servitude. And
387. JAMES ABRAHAMS** (20) , to stealing eighteen jackets, two dresses, and other articles, of Isaac Cohen, in his dwelling-house, after a previous conviction in 1866— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. STRAIGHT. conducted the Prosecution.
CHARLES WILSON . I am a dairyman, of 7, Dorset Place, Pall Mall—on Saturday evening, 20th March, I served the prisoner with sixpennyworth of eggs—she tendered a half-crown—I saw that it was bad, and said "This won't do here," and asked where she got it—she said that a young man gave it to her—I sent for a constable, frightened her, and let her go.
WILLIAM KING . I am assistant to Mr. Pike, a tobacconist, of 338, Oxford Street—on 22nd March, about 9 o'clock, I served the prisoner with an ounce of bird's-eye—she gave me this half-crown—I put it between my teeth and bent it, sent for a constable, marked it in his presence, and gave the prisoner in charge.
Prisoner. Did not I say that I did not know it was bad? Witness. No.
CHARLES PINNICK . (Policeman E 15). I took the prisoner, and received this half-crown—I told her she would be charged with knowingly uttering a counterfeit half-crown—she said, "I am not aware of it"—two purses were found on her, one containing a good half-crown and three halfpence, and the other empty.
Prisoners Defence. A woman sent me in with the half-crown, and when I came out with the policeman she was gone. I had only seen her once before.
GUILTY .— Nine Months' Imprisonment.
MR. STRAIGHT. conducted the Prosecution.
JOSIAH CROFTS. I am a baker, of 55, Bernard Street—on the night of 24th March I served the prisoner with a half-quartern of flour, which came to 4 1/2 d.—she tendered a shilling—I asked her if she had not a sixpence—she said "No"—I put it in my pocket, where I had nine other shillings, and gave her a sixpence and some pence, and she left—she returned in less than 10 minutes for a half—quartern more flour—she gave me another shilling, and my suspicions were aroused—I looked the shop door and asked her if she had not a sixpence—she said no, she had given the sixpence to the boy who had gone away—I looked at the shilling and found it was bad—I then examined the shillings I had in my pocket, and found one of them was bad, and of the same date—I gave her in custody, with the coins—she said that she ought to have had the two half-quarterns at first, and that some girl outside sent her.
Prisoner. You put the second one in your pocket. Witness. I did not, it never was out of my hand till I gave it to the officer.
handed me two bad shillings—a sixpence and 2 3/3 d. in an old purse was given me by the female searcher, who said in the prisoner's presence, that she found them on her—there were three halfpennies among it.
Psrisoner's Defence. A female asked me to go for the first flour, and afterwards I went back to get some for myself, and paid with a shilling out of my pocket.
GUILTY .— Six Months Imprisonment.
MR. STRAIGHT. conducted the Prosecution.
HANNAH BUTT . I am the wife of Thomas Butt, of 19, Upper Thames Street, publican—on 6th March, I served the prisoner with a half-pint of beer, which came to 1d.—he gave me a bad shilling—I told him it was bad, and he gave me a good one—he left the house, but I kept the bad one and sent for a policeman, who brought him back.
THOMAS DONOGHUE . (City Policeman 438). I was in Thames Street, and saw the prisoner walking towards London Bridge and the potman running after him—I stopped him and took him back to the public-house, and he was given in my charge—I found on him half a bad shilling and 2s. 3 1/4 d. good money—I received this bad shilling from Mrs. Butt—the prisoner said that he gave it to her, but did not know it was bad.
Prisoner's Defence. I picked up the bad half shilling. I received the money I bad in change, and was not aware I had a bad shilling.
GUILTY . **— Twelve Months' Imprisonment.
MESSRS. METCALFE. and TAYLOR. conducted the Prosecution; and MR. SERJEANT PARRY. and MR. T. HUNT. the Defence.
PALMER ANDREWS . I am a clerk in the department of the Metropolitan Board of Works—I produce the minute books of the Board and of the finance committee—this is the minute book of April, 1864, containing the resolution of the prisoner's appointment: "April 15, 1864. It is resolved unanimously that Mr. Edward Hughes be appointed as accountant, at the yearly salary of 600l. That he keep all necessary books of account, and devote the whole of his time and attention to the service of the Board, and furnish satisfactory security for the faithful discharge of his duties"—I prepared the minutes—I do not know whether I was actually present—from that time he continued to act as accountant till December, 1868, and by a subsequent resolution his salary was increased to 800l.
EDMUND DOGGETT . I am assistant in the accountant's department, Metropolitan Board of Works—I was appointed in March, 1863—it was my duty to see that Mr. Hughes had printed copies of the minutes of the Board, and up to July, 1866, when my duty changed, he had a copy every week—this book contains the copies he had, bound up—it was kept in his room—I believe it to be his copy, but there is no mark to show it—I can swear he had a copy similar to this, and I collated it before it was bound, to see that every leaf was perfect.
PALMER ANDREWS . (continued). On the 22nd July I find a resolution of the finance committee that the balance in the hands of the late accountant be paid to the treasurer—this report, dated 18th July, 1864, to the finance committee, in the prisoner's writing (This stated: "With respect to the balance of 641l. 4s. 8d. to the debit of the late accountant, I shall be prepared on Friday next to state the exact amount for which he remains liable, and the balance, I request, may be paid out of the balance due to me, as I wish to open an entirely new account")—On 21st September here is another report by the prisoner (This was dated 18th July, to the finance committee, signed Edward Hughes, stating that he was in a position to rectify the cash balance of the late accountant, naming several sums for which cheques had to be drawn, and stating that he had a balance in hand of 694l. 18s. 3d.,)—The resolution upon that is: "Resolved, that the course recommended by the accountant be approved and carried out"—I remember a letter from Mr. Pollard to the prisoner, this is it—(Read: "23rd December, 1868. Dear Sir. I am directed to inform you that, by an account prepared by the instruction of the committee, you have failed to account to the Board for a sum amounting to 1948l. 2s. The account is enclosed for your explanation, which must be sent to me within five days. JOHN POLLARD. "—This is a copy of the account enclosed (This was a debtor and creditor account, amounting on the debtor tide to 3621l. 16s. 10s., and on the creditor tide to 1673l. 14s. 10d., showing a deficiency of 1948l. 2s.,)—This is the prisoner's reply—(This was dated 24th December, 1868, to John Pollard, Esq., expressing his astonishment at being brought in a debtor for 1948l. 2s., and stating that is impossible for him to go into the matter without the assistance of a professional accountant, as he was unable to keep his mind long fixed upon anything)—On 16th February, 1865, I find a resolution upon a report of the engineer on a letter from Messrs. Lander & Bedells, to pay 110l. 5s., half the amount of repairing a sewer, Messrs. Lander and Bedells agreeing to pay the other half.
Cross-examined by MR. SERJEANT PAERT. Q. What are you? A. One of the minute clerks—there are four altogether—it is my duty to make out the minutes of what takes place at the Board—I attend all the Board meetings personally—I know nothing but what I see in the minutes—I never gave or carried orders to Mr. Hughes—Sir John Thwaites was invariably present at the Board meetings, unless prevented by illness—he was present at the meetings I hare just read extracts of—Mr. Pollard is the clerk of the Board, he is above me—I took orders from him—I know nothing of any verbal communication between Mr. Pollard and the prisoner, or Sir John Thwaites and the prisoner—I have no personal knowledge of any minute coming to the prisoner's knowledge, it would not be in our department—it would be a matter of arrangement in the accountant's office as to who took the minutes for the prisoner from time to time—I produce a printed book, which was taken from the prisoner's office—I was present when his salary was raised, it was finally to have been 800l.—I was present when Mr. Hughes was called in—there was no other resolution which described his appointment—he was one of several candidates—the whole Board voted—a part of Mr. Hughes' duty was to attend in cases of compensation against the Board of Works, and a very large part of his duty for the last few years—it was his duty to examine the accounts of persons who had claims against the Board, and to see if they were correct—it was one of his duties to assist the Board in financial matters—he had six clerks under him—I do
not know of his applying to the Board to grant him further assistance in his office, or of any order—applications are made to Mr. Pollard, or to Sir John Thwaites, of which I have no knowledge—I do not know whether this account which brings out a balance against the prisoner of 1948l. 2s., extends over four years and some months—I did not assist in making it out, and know nothing of it, or of any copy of the prisoner's bankers' books.
MR. SERJEANT PARRY. to E. DOGOETT. Q. I suppose you have no recollection of any particular minute which you gave to the prisoner, or forwarded to his office? A. No—I only forwarded minutes to Mr. Hughes—I saw that he had a printed copy of all the minutes; that was my duty.
HENRY EDWARDS . I am assistant accountant and cashier to the Metropolitan Board of Works—I was in the same office with the prisoner, and was under his direction—he was the chief accountant—there were other gentlemen in the same office—my duties were to keep accounts of what took place—the minutes of the Board were brought into the accountiot's office weekly; every resolution of the Board—a copy of those resolutions was kept by the prisoner—this (produced) is one volume of them, which I took out of the accountant's book-case, and was used by the prisoner up to the time of his apprehension—his bankers' pass-books were given to me—they are here—one is of the Bank of London—there are two different accounts with the Union Bank, one with the National Bank, and one with the Consolidated Bank—all these accounts were opened in the prisoner's own name, and all are headed in the same way—thus, "Bank of London, in account with Edward Hughes, Esq.;" "Union Bank of London, Charing Cross Branch, in account with Mr. Edward Hughes"—the first account of the Bank of London commenced on 14th May, 1864, up to May, 1866, the date of the prisoner's appointment being April, 1864—the Board at that time had an account at the main office of the Bank of London, in the City—afterwards, when the Bank of London closed their accounts, it was transferred to the London and Westminster—the account at the Union Bank was opened on 25th July, 1864, and continued open till March 6th, 1868—the second Union Bank account commenced on December 23rd, 1867, and continued till the time of this investigation—the Consolidated Bank account opened on January 1st, 1868, and continued open until this investigation—from March 5th, 1868, the National, the Union, and the Consolidated accounts were running—I believe that was not known to the Board, and I never heard it spoken of by the prisoner—I had nothing to do with the prisoner's cash matters—a sum of money was given him in the first instance, out of which he had to pay different sums, and that was settled fortnightly, so that he always had a sum to draw upon.
COURT. Q. Was there anything paid to the first account at the Union Bank after December, 1867? A. Yes; and there are entries on both sides, and on the other account, too—the other is not called a new account, it is precisely the same—these cheques were paid into the old account, they are all old cheques—I find sums paid into the new account while the old account was open—I cannot tell you how it is that the entry is in one book rather than the other, unless there was an arrangement with the bank—I presume he would put something on his paying-in tickets—the old account has nothing written on them, but the new one has on it, "E. Hughes, new account."
MR. METCALFE. Q. Did you see the first account, showing a deficiency of 1140l.? A. Yes—I saw it in the prisoner's possession, a few days previous to Christmas Day, about 20th December—this (produced) is a
copy of it—it was before the 24th December—I had assisted in making it out and it was given to the prisoner afterwards—adding one amount to the other made the whole sum 2060l., striking out something which was on the other side—I have been carefully through the prisoner's pass book, and find the greater part of the money paid into the Bank of London is the Board's money; but of the prisoner's own money 274l. 8s. 4d., was paid in—I have been able to trace all the Board's money—the cheques for all these payments are found—I have vouchers for everything, payments in and payments out—there is a deficiency on that account of 1210l. 4s. 8d. for his own private purposes, giving him credit for all the Board's payments—I find in the Union Bank old account moneys of his own paid in as well as moneys of the Board—5026l. 14s. 7d. was paid in from his own private means, and 5844l. 10s. 2d. was paid out, making an excess of 817l. 15s. 7d.—that is also after giving him credit for all moneys paid for the Board's purposes and all moneys paid to other banks—I find in the new account moneys of the Board and moneys of the prisoner paid in and paid out for the Board, and for his own purposes—244l. 17s. is paid in for his own purposes, and 819l. 9s. 7d. is paid out, showing an excess of 574l. 12s. 7d. for his own private purposes—that is also after giving him credit for all moneys paid for the Board's purposes, or to any other bank—in the National Bank account I find the same thing—995l. 6s. 4d. paid in, and 425l. 13s. 2d. drawn out, leaving a balance in his favour of 569l. 13s. 2d.—the Consolidated Bank account is merely a private account—I cannot trace moneys of the Board paid in at all—the result of the four accounts, the excess of payments out for private purposes over payments in is 1779l., 16s. 8d.—that is the excess of private expenditure over private payments—these three sums make 2602l. 12s., 10d., but 200l., was paid by him out of the Consolidated Bank for the Board's purposes, and 53l. 3s. was given up in his cash box, and you will find that the balance is 1779l. 16s. 8d.—when this matter was inquired into, the prisoner handed over the balance in the banks which were still open, and likewise the balance in the cash box—the balance at the Consolidated Bank had been paid before—53l. 3s. was found in the cash box—1779 16s. 8d. is shown by the prisoner's pass books as deficiency—I have examined the books of the Board, in which the prisoner's accounts were kept—I did not keep all the books of the Board showing the cheques paid to the prisoner and his disbursements—the prisoner furnished the vouchers for payments to me—I kept them according to his direction—on examining those books, T find a further deficiency, making up the whole deficiency to 2005l. 6s. 10d.—that increases the amount by 330l.—I also find that two cheques were cashed without passing through the bank—after this matter was inquired into by the Board, the prisoner attended almost daily at the time I was investigating these accounts—he looked over the books with me occasionally—he did not give me any suggestions, but merely to pick out small items as memoranda; he did not assist me at all—he had the opportunity of consulting me, or suggesting anything to me—he continued there till 1st January—I find one entry is the Union Bank of London old account of 665l. 13s. 8d.; and I find this cheque for 665l. 13s. 8d. signed by Sir John Thwaites and the prisoner—that is on the back of a deposit note of the Bank of London, dated 12th August, 1864, for 641l. 4s. 8d., deposited in the joint names of Sir John Thwaites and Edward Hughes—the date of the payment out is 5th August, 1865, and this is the amount deposited, with interest 24l. 9s.—the entry in the
books is the same day, 5th August, in the Union Bank, to the account of Mr. Hughes—these memoranda are in the prisoner's writing, "641l. if 4s. 8d." "24l. 9s. interest," showing that that is the same amount—on 31st September the balance at the Union Bank is 681l. 17s. 4d., so that there is just sufficient to cover that 665l., and 16l. over—the next rest is 1623l. 10s. 7d.—here is his own report, showing the three accounts to which the 665l. ought to have been paid, the general account, the Southwark and Westminster and the Metropolitan Main Drainage account—that 665l. was not paid to either of those accounts, nor has it been paid to the treasurer of the Board in any way—I find an entry in the same banking account, the Union Bank of London, of 112l. 10s., 19th April, 1865—on 17th April, 312l. 10s. was paid in to the prisoner's account—this is the ticket with which the money was paid in, the banker's slip, and this is the cheque endorsed by the prisoner, "Pay the accountant, Metropolitan Board of Works, for new sewer in Turk's Head Yard, or order"—that ought to have gone to the Board's own bankers—the prisoner had no right to pay it into the Union Bank, that I am aware of—he had a right to endorse it, as an officer of the Board, in order to pass it to their own banking account—it has not been paid to the Board's account at all, and it has not been into account with the Board—when I invegtigated these matters, and the Board directed the prisoner to be prosecuted, there was a box of his in the strong room connected with his office—I saw it opened, ultimately—I cannot tell you what was found in it, but there were several counterfoils, which are here—they seem to be all of the Bank of London—I found them, with some cheques, in a small tin biscuit box inside the iron box—they are counterfoils cut from the book—I have found the cheques to which they correspond; they are private cheques, not the Board's—the counterfoils are cut away at intervals—some were cut out of a book which contained three or four cheques, and one would be left out—here is the book—those which are left in are the Board's cheques—they are all in his writing—they are for private matters—I found in that tin, I think, all that were cut from the counterfoil book—the prisoner kept the key of the box—no person in the office had access to it.
Cross-examined by MR. SERJEANT PARRY. Q. This counterfoil book does not relate to the Union Bank? A. No; to the Bank of London—it has no relation to these two cheques—all the counterfoils relating to the Metropolitan Board of Works are here—I have investigated accurately—I do not say that there are not some cheques here which relate to the prisoner's private matters—those relating to his private matters have not been destroyed, they were cut out—this book did not go into the biscuit box, it was outside it, but inside the other box, which was an ordinary deal box, used by Mr. Hughes for his own purposes—he left it there when he left—it was not my idea to open it—I found some counterfoils were missing, and applied to the solicitor, and he took steps about the latter end of December—it was done while we were investigating the accounts—I am not sure whether it was before he was arrested—I do not know that the account at the Union Bank was opened with the express sanction of Sir John Thwaites—I do not know that to be untrue—I knew there was an account at the Bank of London, but I did not know that there was one at the Union Bank at the same time—it was absolutely essential to him to have, one banking account to carry on his duties—the Bank of London stopped in May, 1866, but the prisoner lost no money; the Consolidated Bank paid him the money, and he drew four cheques for it, 418l. 7s. 4d. altogether—one of those is for
256l. 14s. 2d., another is for 119l. 5s. 2d., and one is for 5l. to the Scottish Widow's Fund—I presume that is his own insurance—these three sums in the Bank of London pass-books, cash 429l. 17s. 10d., 491l. 6s. 4d., and 494l. 7s., were moneys he received on account for the Board of Works—here are cheques to Broome on 14th May, 164l. 0s. 10d., he was an assistant in Mr. Hughes' department; 20th May, Broome, 200l.; 21st May, Broome, 200l.; and 25th May, Broome, 100l.—those are all right, they are correct payments—he has not paid out on behalf of the Board in excess of what he has paid in—he has paid very considerable sums on behalf of the Board—they may amount to 308,000l. 10s. 9d. during the four years and eight months he was in the service—I know pretty well, but I have not had the curiosity to add it up.
Q. Have not you found in those bankers' books, with the exception, in round numbers, of 230l., two cheques not traced, every farthing accounted for which he has received from the Board of Works? A. No—this is not his writing at all—I have his writing on the backs of the cheques—every fathing he received is not accounted for in these books with the exception of the 230l.—here is 261l. 9s. 3d. on 13th May, 1864, and 245l. 15s. 6d. on 27th May, 1864—I believe that is all—these two cheques have not been made the subject of a criminal charge against him—with the exception of these two cheques I believe every sum of money is accounted for in his bankers' pass-books, which he has received from the Board of Works—I do not expect to be appointed accountant, they have already appointed one—those two cheques were cashed the day afterwards, over the counter, on the 14th, and the other on the 28th—they are the Board cheques, payable to Mr. Hughes—cheques were drawn to his name by the Board, and in that way the money came into his hands rightly and lawfully—I do not know under what circumstances these two cheques were paid over the counter, that was scarcely a month after his appointment—this 665l. 13s. 8d. was not on deposit during Mr. Hatton's acting as accountant, it was handed over to Mr. Hughes as a satisfaction of the claim against Mr. Hatton, and deposited by Mr. Hughes in the name of Sir John Thwaites, then Mr. Thwaites, and himself—it was drawn out of the Bank of London, and paid into the Union Bank—Sir John Thwaites knew of one account—I don't know whether Sir John Thwaites was aware that this money was going into the Union Bank, and I never knew that it was drawn out—I do not know how it happened that it was paid into the Union Bank on August 5th, 1865—by the Union Bank pass-books he drew out, "Self; 340l. 11s. 9d."—he paid that into the new account, and balanced up the old one—the new and the old accounts were concurrent for a time—I do not know how that was 340l. was paid into the National Bank, I made a mistake—he—the secured his balance from the Bank of London, and paid it into the Union Bank—he suggests by this report that the bank should furnish him with cheques to the amount of 57l. odd, that would complete the sum of 694l. 18s. 3d.—these four small cheques, 2l. 2s. 6d., 4l. 0s. 6d. 10s. 6d., and 47l., make altogether 53l. 13s. 7d.
Q. Those cheques were never drawn? A. They were never asked for; I can swear that, because I was in the habit of preparing the list of cheques that were required, under his direction—they never were drawn.
Q. Are you able to say that the prisoner's attention was never called to that? A. It came on in the ordinary way with the printed minutes—there was nothing standing over in reference to this cheque for 112l. 10s., the
whole of it was agreed—the accounts of the Board were audited each year by the government auditor, but the prisoner's pass-books were not audited—it was never ascertained, I believe, by anybody, what balance he had in hand; but I am only speaking of my own knowledge—I do not know whether I should have known if any examination of his balance had been made—we had three rooms, and I was in one of them—I do not know that it has been complained of that no audit was made—I know of no such audit—besides myself, no outsider or professional accountant was employed to examine the accounts.
Q. Do you know of instances in which Mr. Hughes has advanced money on behalf of the Board, which has been paid by him out of funds which have not been placed in his possession by the Board, I will give you a, sum, a cheque for 429l. 17s., 10d., on 28th May, 1864? A. I do not remember such an amount—yes, here it is; that sum consists of ten cheques—they all bear the same date—I do not know whether 228l. odd had been previously paid by Mr. Hughes—I have a cheque for 222l. 8s. 2d.—that may have been given to pay 125l. 4s. 3d., disbursed on 4th April, and 97l. 3s. 11d., on 1st May; I do not know—Mr. Broome is here, he is still in the service of the Board of Works—I do not know that these two cheques were handed to Mr. Broome to pay wages; but they are for wages—it says, "Pay E. Hughes, wages."
MR. METCALFE. Q. You have been asked about the audit, is there a finance committee part of the Board? A. Yes—they recommend the cheques to be paid by the prisoner; they examine the vouchers, and order payment—they examined the vouchers, and recouped the prisoner what he had paid every fortnight—besides that, there was an audit of the books kept by me, showing the cheques paid out and the disbursements—the 4291l. one single cheque—those two sums are money belonging to the Board—the first money the prisoner paid into this account was 100l., on 1st January—he commenced drawing out on the 18th May, and on the 19th and 21st—this 40l. was, I believe, for a Brighton Railway season ticket—122l. was paid out from the Bank of London, for his own purposes, before he paid in a single farthing of his own money—the first item at the Union Bank of London is 500l. on July 25th, 1864—that is a transfer from the Bank of London pf 250l., 100l. and 150l.—these two cheques purport, upon the face of them, to be paid by the Board for wages—I find Hughes' endrosement on them—they are not entered in the pass-books—I do not know whether Mr. Broome cashed them for wages—if Mr. Broome actually received the money and paid the wages, that would not relieve the prisoner, as he would be credited with the amount of wages paid—he is not debited in the bankers' books—when I went into my own books, I should find the two sums debited against the prisoner, and wages credited against them—they are set against so much wages paid by the prisoner, and relieve the pass-books to that amount—taking them as cheques paid to the prisoner, and the amount paid in wages, I still find the total amount in my books 2005l. as a deficiency.
COURT. Q. How was it that the prisoner was always kept amply in funds, all these sums were for fractional amounts, therefore there were the exact amount of vouchers before the finance committee? A. Yes, the finance committee orders the payment of the sums, and a cheque was drawn for the exact amount—in the first instance he recommended that 800l. should be paid to him to draw upon, and subsequently that was increased very largely
as the works of the Board increased—this audit showed the exact state of the account every year—the only thing they failed to do was to test the amount that ought to have been in the prisoner's hands—these cheques ought not to have been passed to the accounts they were passed to.
RICHARD SMITH LANDER . I am one of the firm of Lander & Bedells, surveyors, 6, John Street, Bedford Row—on April 19th, 1868, I paid 112l. 10s. to the Metropolitan Board of Works in respect of the reconstruction of a sewer in Turnmill Street, for a client of ours named Grant—I produce the receipt.
Cross-examined. Q. Is that your cheque? A. Yes—I have not the counterfoil with me—I made no more memorandum on it than there is on the cheque.
MR. SERJEANT PARRY. to H. EDWARDS. Q. Can you produce the counterfoil of the prisoner's paying-in slip? A. This is it, it was a single cheque paid in—I was not asked the question at the Police Court, but I said that it was possible, if there was any reason for it not being paid in directly, that Mr. Hughes might not have known at the moment whether it was to go to the main drainage account, or to the general account of the Board—I do not know when this memorandum was made.
MR. METCALFE. Q. Do you know when he did know to what account it was to go? A. He could have ascertained at the time—it ought to have gone to the general account—he could have ascertained that from the engineer.
The prisoner received an excellent character from a number of witnesses.
NOT GUILTY .
There were other indictments, upon which, on the following day, no evidences was offered, and a verdict of NOT GUILTY. was taken.
THIRD COURT.—Tuesday, April 6th, 1869.
Before R. Malcolm Kerr, Esq.
MR. HUNT conducted the Prosecution.
PHILIP HARRIS (Policeman F 169). On the afternoon of 16th March, from information I received, I went to Mr. Hughes, a wire worker, at 39, Drury Lane—I found four bundles of wire concealed behind an earthen-ware pan, and I concealed myself in the cellar—about 12.55 Skinner came to the place and took some of the wire away—he came three times, and took some away each time—I was about five yards from the place, behind the door of the coal cellar—at 1 o'clock the whistle blew for the men to leave the works to go to dinner—I left the cellar and went out of the front entrance, into Drury Lane—I then went to Wilson Street, to the workman's entrance, and saw Skinner leave—I followed him to 18, Paradise Street, Lambeth Walk—he went into a marine store dealer's shop, kept by Hubbard—I saw him take three bundles of wire from his coat, and put them into the scale—he took one bundle from his right-hand tail pocket—Hubbard put the weights in the scale, weighed it, and gave Skinner some coppers and a piece of silver, which I believed to be a shilling—he came out of the shop—I stopped him and asked what he had taken there—he said, "Nothing, only a bit of lead"—I said, "What money have you got?"—he
said, "I don't know, you had better see"—I took 1s. 2 1/2 d. from his hand—I then took him back to the shop, and said to Hubbard "What have you bought of this man?"—he said, "Nothing, only a piece of lead," and lifted this piece of lead off the counter—I said, "I want that copper wire that you bought of him"—he said, "I have bought none"—I said, You have, and you had better give it to me, for I am a police officer, and I shall search your place—I was in plain clothes—he said, "You will not search my place without a search warrant"—I said I should—I asked him again to give me the wire, and he said he had not got it—I then gave him into the custody of two uniform men I had called in—I searched the place and found, under the back of the counter, these four bundles of wire (produced) amongst a lot of old rubbish—I said, "How do you account for these?"—he said "My wife bought them"—I asked his wife if she bought the wire, and she said she knew nothing about it—I found these two pieces of wire in a drawer in the counter—I then told Skinner I should take him for stealing the wire from his master, and I told Hubbard I should take him for receiving it, knowing it to be stolen—I asked him if he made any entries of what metal he bought—he said, "No, not such trifles as these"—his wife handed me a book, but I found no entries of copper wire—I asked him what name and address Skinner gave him—he said he did not take any name or address, he did not trouble about it—I then took them to the station.
WILLIAM HUGHES. I am a wire worker, at 37, Drury Lane—Skinner was in my employment as a labourer, to clean the wire—he had free across to my workshops—I have missed wire for some time, and I gave information to the police—this wire is my property—there is about 4lbs. of it—it is worth 1s., 4d. a pound—the two other pieces of wire found at Hubbard's shop I identify as my property—I saw it in this folded state before I communicated with the police—I saw part of this wire safe at 10 o'clock on the 10th, the same day that Skinner was arrested—he worked in a small cellar, where the material was kept—the value of this bit of lead is about 9d.—I manufacture my own wire.
JOHN DICKINSON. I am a workman in the prosecutor's employment—on 16th March I went into the cellar where Skinner worked—I missed a tool that I was using in my business, and I discovered two bundles of wire concealed behind a vitriol pan—I went and told Mr. Hughes—I went down an hour afterwards and found there were three pieces—I was with the constable part of the time, and saw Skinner go away—I went to the place and found the wire was gone.
Skinner's Defence. When the whistle blew I was up stairs. I did not go down at all. I went straight out when the whistle blew. I know nothing about it.
Hubbard's Defence. I did not buy the quantity stated by the constable. I bought three pieces, and they weighed 2 1/2 lbs., and I paid 1s., 2d. for it. I should have only got 2d. by it. It is not likely I should run the risk of being imprisoned for 2d.
SKINNER recommended to mercy by the Prosecutor.— Twelve Months Imprisonment. HUBBARD. *— Seven Years' Penal Servitude.
GRAWSHAW PLEADED GUILTY .— Twelve Months' Imprisonment.
MR. DALY, for the Protection, having opened the case, THE COURT. considered that there was not sufficient evidences to convict Brown, and directed the Jury to find a verdict NOT GUILTY .
MR. DALY. conducted the Prosecution; and MR. DOUGLAS. the Defence.
JANE STOREY . I am a general dealer, at 14, Golden Lane—the prisoner sold me this lead on Good Friday morning—I had known him three or four months as a neighbour and dealer—I paid him 3s. 9d. for it, about 1 1/2 a pound.
Cross-examined. Q. What time was it? A. little after 11 o'clock—the shop was open—it was daylight—there was no secresy about it—the prisoner lived close to me, at 6, Brighton Street.
EDWIN GEORGE BELLMAN . I am a builder, at Bromley-by-Bow—I was engaged to do some repairs in this street to Nos. 4, 6, and 7—the prisoner lives in No. 6—I missed some lead on Saturday morning from the gutter—I have compared the lead (produced) it matches very closely—I was employed by Mr. Oldacre, the agent—the house belongs to Miss Mumford.
Cross-examined. Q. Do you know that of your own knowledge? A. I have always understood it—I have done the repairs for many years—she did not pay me, Mr. Oldacre pays me—he told me Miss Mumford was the owner last Monday week—I never saw her myself.
JOHN BAILEY . I was employed on these houses—I missed some lead from No. 6—I had seen it safe on the Thursday before Good Friday, and missed it on the Saturday morning—I was present when it was compared, it appeared to have been pulled up altogether—this is only a portion of the lead.
NOT GUILTY .
MR. HUNT. conducted the Prosecution; and MR. STRAIGHT. defended Miller, MR. ROLLAND. defended Green, and MR. MONTAGU WILLIAMS. defended Taylor.
LIVER CROMWELL GANT . I am clerk to Messrs. Cooper & Co., London Wall—on Friday evening, 5th March, about 9 o'clock, I was standing at the end of Cheapside—two women came up and wanted to know where I was going—I told them to go away—I did not feel anything while they were talking to me—they were feeling my waistcoat up and down—they did not go away—there were two men on the opposite side of the road—they came across the road and asked me where a certain hotel was—I told them I did not know—Taylor was one of the men—the women then went up Cheapside and the men down—when they were gone I discovered that I had lost my silver watch and gold Albert chain, worth about 10l.—I went to Bow Lane station and gave information—I am a teetotaller.
Cross-examined by MR. STRAIGHT. Q. Were you going home? A. No—I was standing with my hands in my pockets, looking at something—I kept my hands in my pockets when the women came up to me—I did not know what they were going to do at the time—the women left when the men came up—there were two men, they both came over and asked me for an hotel—the women had left then, and were going up Cheapside—I did not have any conversation with the men—they went away directly—when I turned round they were gone, and I put my hand in my pocket to see the time and found my watch was gone—I had seen it about five minutes before—I took it out to see the time five minutes before—I do not know that the women took the watch—the watch was given to me again last Saturday week—a man came to me at my office, and I went to Finbury Square and stood with my hands behind me, and someone dropped my watch into my hands—he said, "Act as a gentleman"—I did not turn round, and the watch was given me behind my back—I had seen the gentleman before on the Saturday, he came to me and said, "Well, I can make it all right with you concerning your watch"—I took him to my lodgings, and he said, "The prisoner Miller is my daughter, she has three children, and they are crying after their mother day after day"—I said, "It is a very distressing case," and he said, "If you will give me your word of honour not to prosecute them, I will return the property," and I said I would—I told him to call at 11 o'clock—he did not come then, but he called about 9—he said, "I have not got the watch, but I shall have it to-morrow"—he came about 1 o'clock, and asked me to walk with him—he took me round Finsbury Square—he then said, "Now, Mr. Gant, act as a gentleman, put your hands behind your back, and your property you shall have"—I did so, and found the watch was given to me, but I don't know who gave it me—it was not the man who came to my office, he stood in front of me while I received the watch.
Cross-examined by MR. WILLIAMS. Q. I believe you are from the country? A. Yes—the women came up to me first, and the two men afterwards.
Cross-examined by MR. HOLLAND. Q. Are you sure Green was there? A. Yes—she was one of the women who came up first—I went to the police-station and gave a description of them.
BAXTER HUNT . (City Policeman 599). On Friday evening, 5th March, I was in King William Street, about 8.30—I saw the two female prisoners there accost several gentlemen—I watched them for twenty minutes, and lost sight of them near the Mansion House—I saw the prosecutor about ten minutes afterwards—he told me he had lost his watch; and I afterwards apprehended the prisoners, and charged them on suspicion of stealing a watch—Green said, "It was not me, I never saw this lady before"—Taylor said the same—I had seen the prisoners before on two or three occasions—Miller gave a correct address.
NOT GUILTY .
MR. COOPER. conducted the Prosecution.
ABRAHAM BRUNNELL . I live at 60, Bancroft Road, Mile End—on 6th March, about 6 o'clock in the morning, I was awoke by the police, and found my clock was gone from the dining room shelf, worth about 3l.—I have seen it since—I also missed three coats—I saw them all safe the night before—the parlour window had been unfastened, and had been closed again—I had fastened it the night before—one of the coats (produced) is mine, and the others belong to my son-in-law.
JOHN CARNEY . (Policeman K 386). About 11 o'clock, on 6th March, I saw the prisoner with another man in the Stepney Road—the prisoner was carrying a hamper on his head, up side down, as if it was empty—I went up to him and said, "What have you got there?"—he said, "Nothing—I took the hamper from him, and found a pair of gloves, a clock, two coats, and a duster—the other man ran away immediately—the prisoner struggled to get away, but I held him—he said he met the man by Stepney Green, and he asked him to carry the hamper to Whitechapel Church for 6d., he did not say he met the man at the Earl Grey.
SAMUEL RAND . I live at 2, Edward Street, Stepney, and am a labourer—about 5.50, on the 6th March, I passed the prosecutor's house, in the Bancroft Road—I saw the prisoner standing in front of the parlour window—he had a brown parcel in his right hand—he had a brown coat, and a high hat on—I saw another man get out of the window on to the step, and he tamed round and put the window down—he then jumped down from the window, came out of the gate, and both went away—I afterwards picked the prisoner out of six persons at the Court—I am quite sure he is the man I saw at the window—I saw his face plainly.
Prisoner. Was it light or dark? Witness. It was light, it was not exactly daylight.
HENRY PRADREY . I live with the prosecutor—about 8 o'clock on the evening of 5th March I fastened the window of the front room, ground floor, with the usual catch—I missed a coat next morning, I have not seen it since.
Prisoner's Defence. I get my living by carrying parcels. The policeman, immediately he stopped me, said "What have you got here?"I said I did not know. He said "Where did you get them from?"I said "This man gave them to me;" and the man ran away and the officer did not take him. I am innocent.
GUILTY .— Twelve Months Imprisonment.
MR. DALY. conducted the Prosecution; and MR. MONTAGU WILLIAMS. defended Driscoll.
JOHN HARRIS . I live at Gaydon House, Hungerford Road—about 5 o'clock, on 23rd February, I left the house safely locked—I left by the front door and fastened it after me—the windows were shut and the blinds were down.
JAMBS CONOLLY . (Policeman Y R 28). On 24th February I was near Gaydon House—two or three minutes after 6 o'clock I heard a noise in the front garden, and in an instant I saw the two prisoners rush through the garden-gate into the road—I ran after them and took Coad into custody, and another constable took Driacoll—I then returned to the house, and found a silver teapot lying on the gravel walk close to the window, which
was open—in another part of the garden I found a toast-rack and cream jug—on the sill in the front of the window I found this jemmy—I aroused the inmates, and went into the house—I found the sideboard emptied of the silver, and there were traces of a foot-mark on the chair under the window—I tried the jemmy to a mark in the paint, and it fitted—I asked the prisoners at the station if they knew anything about the silver which I produced—they said they knew nothing at all about it, nor yet the jemmy.
Coad. I deny stealing the articles.
Cross-examined. Q. Is there a garden gate in front of the house? A. No, it is in the Hartharn Road—I think Driscoll came through the gate first—I was alone outside the house—they ran to the Martin Road, and then I obtained the assistance of another constable.
CHARLES DADDY . (Proscenia Y 106). I heard an alarm about 6 o'clock—I ran up, and saw the two prisoners coming towards me—I took Driscoll into custody—I afterwards went back to the house with Conolly—I have heard his evidence; it is correct.
Cross-examined. Q. Was Driscoll walking? A. He ran into the road, and I took him—I found nothing on him.
EMMA HAARIS . This cream jug and toast-rack are mine—the creamjug is silver—I had left a brown paper parcel in the drawing-room with these articles; I missed it in the morning, and have not seen it since.
Coad's Defence. I was going to my work with Driscoll. As we passed the gentleman's house, we saw something lying outside the window. We went up to see what it was, and found it was a teapot. We were looking at it, and the constable came down the street. He sprang his rattle and ran after us. I asked him what we had done; he made no answer, but took we to the station. They said that the lady had lost a parcel of linen, and accused me of stealing it, and I said I did not know anything about it. It was 6.30 when we were taken to the station.
COURT. to JAMES CONOLLY. Q. Is the house surrounded by a wall? A. Yes, about 4ft. high; you can see over it—a man could have seen the teapot lying on the grass plot if he had looked over the wall as he was passing by—there was sufficient light.
NOT GUILTY .
NOT GUILTY .
400. EDWARD BARKER (23) , to a bur-glary in the dwelling-house of James Barton, and stealing four studs, and other goods, value 8l. 11s. 6d., his property, having been before convicted on 6th March, 1865**— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, April 7th, 1869.
Before Mr. Justice Hannen.
In this case the Grand Jury haying ignored the bill, MR. DALY, for the Prosecution, offered no evidence upon the Coroner's Inquisition.
402. JOHN REED (46), was indicted for that he, being a bankrupt, did not upon his examination discover certain property, with intent to defraud his creditors. Other Counts—for removing, embezzling, and concealing the same.
MR. SERJEANT SLEIGH, With MR. WARNER SLEIGH, conducted the Presentation.
JOHN CHARLIES AUSTIN . I and an usher in the Court of Mr. Commissioner Winslow, in which the prisoner underwent examination, and was made a bankrupt—I produce the proceedings—he filed his petition, in forma pauperis, on 22nd January, and was adjudicated bankrupt on the 24th.
FREDERICK STANLEY . I am a solicitor, and was solicitor to the assignees of this bankruptcy—the original documents are all here—the first is an affidavit by the bankrupt, that he had not the means of paying the fees and expenses usually payable in the ease of a petition—it was sworn on 23rd January, 1868, and signed by him—the next is sworn on the same day—it is an affidavit accompanying the petition and verifying its truth—it states that he believes the debts provable against his estate do not exceed 300l.—each sheet of the examination is signed by the prisoner—he states that his business is that of a dealer in grease; that he had carried it on for thirty years, and that he resided at 13, Burnes Street, Edgware Road; that his debts were 62l. 19s. 8d. and 63l. 9s. 8d.; that the consideration for the debt is law costs in an action brought against him for goods supplied, and that judgment was recovered against him in the Exchequer; and that the total amount of his debts and liabilities was about 130l.—he was asked, "What is the total amount of your assets, and of what do they, consist?"—and his answer was "None"—"Have you given any bill of sale, and if so state the particulars and to whom it was granted?"No"—"Have you had any dealings or transactions other than in the regular course of business?" "No"—"Accommodation bills?"No"—"Have you any books of account?" "No"—he states that he attributes his insolvency to the loss of the action against his detaining creditor, and being detained for costs—he was asked, "What money have you had since your arrest?"and his answer was, "None"—he was arrested a few days before the petition was filed—he was committed to prison on the 18th, and he has been brought here by habeas—on 22nd February I examined the bankrupt and his mother—I examined the bankrupt first—this is his examination. (This being read, stated that whilst he was in prison, and before he filed his petition, he handed over to his mother a diamond ring worth 20l., a gold watch worth 50l., two gold chains, a silver snuff-box worth 20l., and nearly 100l. in money, as security for rent, together with a lease of some property, for which he had given 150l.; that he was insolent in 1861, and suffered eighteen months' imprisonment for concealing property in respect of that lease)—On that same day his mother, Mary Reed, was examined before the Registrar—the bankrupt was present during the whole of her examination.
Prisoner. No, I was ordered out. Witness. He was ordered out because his conduct became violent, but he was brought back again—I did not continue the examination in his absence—the mother is dead—(MR. SERJRANT SLEIGH. proposing to read the examination of the mother, MR. JUSTICE HANNEN. had some difficulty in seeing how it could be received; the principle upon which depositions were admitted was that there had been an opportunity of cross-examination, but here the examination was for a different purpose. MR. SERJEANT SLEIGH. tendered it as a statement made in the hearing of the prisoner,
where he had as opportunity of contradicting and did not contradict, MR. JUSTICE HANNEN. considered it was not admissible upon that pound; the rule did not apply to proceedings occurring in a Court of Justice, because a person had no right to interfere and protest against statements made in the course of a judicial investigation, and had no opportunity therefore of denial.)—After the examination on 22nd February, I obtained a warrant and accompanied the messenger to 13, Burnes Street—we took Mary Reed with us from the Bankruptcy Court, in a cab—she had a room in that house and lodged there—she then handed to us 86l. in money, a diamond ring, a gold watch, two gold chains, and a lease of the house, dated 9th May, 1838, from a Mr. Waybourt to Mr. James, for ninety years, at a ground-rent of 3l. per annum—there is no assignment of it to the bankrupt, or any endorsement referring to him; I have had an offer of 200l. for it, but I should think it may be put down as worth 150l.—I also obtained from the mother another lease of some premises at Limehouse, for fifty-five years, I believe it has expired within a few months; I have also some other documents, but I don't think they are worth anything—here is a promissory note of Mr. Prance and Mr. Garrett for 250l., dated February, 1867, payable two months after date—I have not received anything in respect of that at present; also a promissory same of 50l., dated June 1st, 1867, made by Mr. Prance, and a cheque of the same gentleman's, dated June, 1867, it is uncancelled—it had three month to run from June, 1867—also a promissory note for 150l., dated 1st March, 1867, of Shaft's, endorsed by Mr. Prance, payable at three months—I also found a silver snuff box in the house—I am not sure whether the mother gave it me, or whether I found it in a room up stairs, where the prisoner slept; also a vinaigrette, and an opera-glass—on 21st May I examined the bankrupt again—(In this the bankrupt stated that the property in question was handed to his mother as security for money he owed her)—None of the property given up to me by the mother is accounted for by him in the forms prescribed by the statute, or in the schedule.
Prisoner. If I had been able to pay the fees, bow much were they? Witness I think upon debts under 300l. about 5l.—that would not have been all the costa—I levied an execution at 13, Burnes Street two years ago, in respect of some costs which were awarded against you in two actions against a client of mine—the goods were claimed by your mother, and I withdrew the execution—I arrested you upon a ca. ea., and then you paid the coats—I did not take away your clothes when I went to the house on this occasion, nor did I insult your mother—in the two actions you brought against my client the records were withdrawn in one, and in the other they elected to be nonsuited.
The Prisoner, in a long written defence, complained bitterly of the expense he had been put to by law cost in the actions. As to the property guise up by his mother, part of it was really her own, which had been lent to him, and the remainder he handed to her as security for rent that he owed her.
GUILTY .—Recommended to mercy by the Jury— Twelve Months' Imprisonment.
MR. PATER. concluded the Prosecution.
Home in Well Street—on 11th March, about 8 o'clock, I was in the street, near the Home—a man named Charles Brown spoke to me—in consequence of what he said, I went to the Home and brought out my money, 12l. in gold, and 10s. in silver—I put some in a puree in my jacket pocket, and some silver in my trowsers pocket—I went to two public-houses with Brown, and after I left the second one he knocked me down—I did not see the prisoner at that time—I was struck senseless by the blow Brown gave me—I had a watch at the time that was taken from my pocket, and my jacket was taken, containing the gold.
SOLOMON BARNARD . I am a olothesman, at 54, Cable Street—on March 11th, about 10.30 the prisoner came to my shop with another woman, and brought this sailor's jacket—I did not notice exactly which carried it—they put it on the counter—one asked 10s. and the other 5s.—the prisoner then said "Give us the coat back, we forgot to search the pockets"—she took it up, put her hand in the outside pocket and took out a black silk handkerchief, and from the breast pocket she took out a Purse—I could not say exactly what it was, they were standing close together, but I heard a chinking of money, and said "What have you got here?"—they directly put it in their pockets—I said "Can't I see it"—the other girl said "Show I him"—she took the hand out of her pocket to show me she had nothing but what she had in her hand—I said "You have got about fifty sovereigns"—she said "Oh, no, not so much"—I could see some gold—I am not certain whether it was two or three sovereigns, and the rest was in half sovereigns, altogether there was 7l. 10s.—she placed the money back in her pocket—I refused buying the coat, and they walked out, taking it with them.
Prisoner. Was it me or the other woman you saw counting the money? Witness. You had it in your hand, the other woman did not have it.
HENRY CROWHURBT . (Policeman H 127). On Thursday night, March 11th, about 10.45, I saw the prosecutor outside the Standard public-house, covered with blood—I took him to the Home—being a foreigner, I could not understand what he said—I went down Well Street, and saw the prisoner and two other females corning in the direction the prosecutor had Dome from; they were walking then, but when they got to the corner of Well Street they quickened their pace and ran—I followed them through several streets and courts into Blue Anchor Yard, and there I saw the prisoner and another one trying to throw the coat over a hoarding—I took them into custody, but in trying to get the coat I slipped down and they escaped—I saw no more of the prisoner until the 27th, when I took her into custody again, in Dock Street—she said she knew nothing about the coat—I took her to the station, with great trouble—she said the reason why she ran was because she saw three sack girls running, and she ran with them, but she knew nothing of the coat.
Prisoner. If I had known the coat was stolen, is it likely I should stop and speak to you? Witness. You did not stop—she did speak to me, she said "How b—well you got on to me the other night."
Prisoner. I did not know whether the coat was stolen or not, the other woman met me at the top of Well Street, and asked me to go with her to sell it. I asked where she got it. She said it was her father's, and when she found the money, she said she would not sell the coat.
GUILTY . **
She further PLEADED GUILTY, to a previous conviction at the Thames Police Court, in September, 1860.
Eighteen Months' Imprisonment.
MR. LEIGH. conducted the Prosecution.
JOHN HICKEY . I am a tailor, and live at 5, Glasshouse Street, White chapel—about 10 o'clock on the night of 26th February, as I was passing through Flower and Dean Street, a man rushed out of a court and caught me round the neck, and as soon as he did so the prisoner came and tried my pockets—he pulled my waistcoat half off and carried it away with 3s. 6d. in it, and took my hat—I had seen the prisoner several times before—I knew him at the time—I looked round for a policeman, but could not find one—I gave him into custody next day—I was quite sober, I had only had two pints—I can swear he is the man.
Prisoner. He said at the station that he was intoxicated. Witness. I said no such thing—I knew what I was about—the prisoner took my waistcoat first, and then my hat, and the other man held me round the neck while he did it—I did not tell the Magistrate that there were five or six men, and I was drinking with them; nor that I was going through the street with an unfortunate girl; I was doing no such thing, I have a wife and family, and that is quite enough for me—I had no acquaintance with the prisoner, but I used to see him as I went to my work, standing out saids a door with several others.
He further PLEADED GUILTY. ** to a previous conviction at this Court, in May, 1861, in the name of James Tucker, when he seas sentenced to sewn years' penal servitude.— Eighteen Months' Imprisonment.
The prisoner handed in a paper, stating that after serving five years and four months of his sentence, he was discharged from Millbank with one sovereign of money that he had earned, and was told that on reporting himself to the district inspector he would receive 2l. at the end of each month; that, after being sent from one station to another for several weeks, he was unable to obtain the money, and found it impossible to obtain any honest means of supporting his wife and children, who were starving.
THE COURT. directed inquiry to be made, and on the following day an inspector attended, and stated that the prisoner taw entitled to receive some money upon his discharge, that he had applied for it, but had given an address where he was not to be found.
MR. HUNT. conducted the Prosecution.
JOSEPH KREIGACH . I am a cellarman, and live at 7, Denmark Street—on the morning of 17th March, before 6 o'clock, I was in bed with my wife—she awoke me, and I saw the prisoner in the room—I followed him out of the room, and out of the house into the street, and he threw away my trowsers and waistcoat, a gold watch, my wife's shawl, two, towels, and 4s. in money—I had seen them safe when I went to bed—I had seen the prisoner about the neighbourhood—the house door was locked.
running down the street—I ran towards him—upon seeing me he turned—I saw Whitfield take him—as we were going to the station I saw him throw away this skeleton key.
AUGUSTUS WHITFIELD . (Policeman F 111). On the morning of the 17th March, I saw the prisoner coming down Crown Street, followed by the prosecutor, undressed—I stopped him till the prosecutor came up, and went back with him to Denmark Street—I saw him drop this latch key—I did not see him drop the skeleton key—that opens the door of prosecutor's house—the prisoner said at first he had done nothing he afterwards said that someone had thrown the waistcoat at him and frightened him, and that made him run away—this is the waistcoat, it had this gold watch in it—it was lying in the passage of the prosecutor's house—he picked it up as he went in—found 4s. in the prisoner's hand.
Prisoner's Defence. The gentleman Dame out in his shirt, and I ran away because I thought he was out of his mind.
He further PLEADED GUILTY. to a previous conviction at this Court, in February, 1868.— Eighteen Months' Imprisonmenst.
MR. PATER. conducted the Prosecution.
HENRY LARK GRAY . I am a bricklayer, and live at 11, James Street, Limehouse—on 27th February, about 10.30, I was in York Road, Ratcliff, going home—I had had a little drop to drink, but was not drunk—as I got near an archway there I was knocked down—they fastened me round the throat, took my money away, 6s. or 7s., and kicked me—the prisoner was one of them—I held him till I was kicked to that degree that I could not hold on any longer, and I let go—I was flat on my book on the ground, directly under a gaslight—I could see his features—I can't say whether he struck me or not, he was concerned with the others—there were two more besides him—I did not see him again for nearly a fortnight—I was called out of my bed at 11 o'clock one Friday night—I picked him out of some others—I had given a description of him.
URIAH HARVEY . (Police Sergeant K R 1). The prisoner was brought to the station on Friday night, 12th March—he was placed with four others, when the prosecutor came and picked him out at and—I told him the charge; he said he knew nothing about it.
ELIEA ANN FITZGERALD . I live with my mother, at 5, James Street, Limehouse Fields—on the night of 27th February I was standing by the York Tap, and saw Mr. Gray Doming from the station—I knew him before—he was just going to put his foot on the pathway by the York Tap, when a girl came up to him and said, "Holloa, old chap, I have not seen you for a long time"—she followed him down the York Road—I passed on—I heard a noise, turned round, and saw a mob, and saw Mr. Gray with his hat knocked off, and the people said he had been garotted by three man—I did not see the prisoner, or any men.
Prisoner's Defence. I have witnesses to prove where I was at the time.
night five weeks—when he came up to the public-house his mouth was cut—I asked him who did it—he said he had been attacked on Tower Hill by some men—I asked him to treat me, and he did, to a pint of six ale—I know he was not the man that did this, because I was with the prosecutor at the time—three persons attacked him in York Road—I should know one of them again, the one that caught hold of him by the shoulder, and the prisoner was not one of them—I knew him by sight—I have not seen him for the last three years.
Cross-examined. Q. Have you not stated that you were brought up together as children? A. Yes; but I had not seen him for three years till the other Saturday night—I was in Mr. Gray's company from about 9.15 till he was attacked, about 9.45—it was down the York Road, by the railway arch, further down than the York Tap, not many steps from it—I did not know the other two men, I had not seen them before; the three were strangers to me—I did not see the prisoner at all on the night of 27th February—he had been in custody a week when I first heard of his being charged with this—his mother came to me—she did not tell me what to say—she does not live near me; she lives at Limehouse, I live at Stepney Causeway—I was in Mr. Gray's company about an hour and a half—I was standing outside the York Tap, leaning against the door.
HENRY LARK GRAY . (re-examined). I did not see this woman that night to my knowledge—I was not with her for an hour and a half—I had been to Stratford, and took a return ticket from Stepney station—I came out of Stepney station, and was going home from there down the York Road—it is not true that I was with this woman.
JAMES KEER . I was with the prisoner in the Britannia public-house, opposite Limehouse Church, five weeks last Saturday; that would be about the 27th—I was with him from 8.16 till 11.15 at night—I was in his company the whole of that time.
Cross-examined. Q. What are you? A. I work on the River Thames, along with a pilot—I have known the prisoner from his boyhood—the Britannia is about five minutes' walk from the York Tap—I had been at work that day on the river, docking a ship—I left off work at 4 o'clock in the afternoon, and I went home, got my tea, and had a wash—I left home about 6 o'clock—I live at Park Place; that is about three minutes' walk from the Britanniar—I went from home down to Limehouse Hole, where I look for employment—there is a public-house there called the Royal Oak, where we generally resort—I got there about 6.30 or 7.0—it is about two minutes' walk from where I live—I did not go into the Royal Oak—I met the prisoner outside the Britannia at 8 o'clock—I was in company with William Crawley, one of my workmates, when I met him—I had been in his company about half an hour before I met the prisoner; he came up while we were conversing—I was in his company from that time up to 11.15; he never left my company—we went into the Britannia about 8.15, there was no one else with us; there were plenty in the public-house—I first heard of the prisoner's being in custody on this charge a fortnight afterwards; a young man named Myers told me about it, and likewise his mother—I am generally in the prisoner's company of an evening—he works in the docks, generally, discharging vessels.
company, at the Britannia, from 8.15 till 11.15 at night, and never left our company until we parted just outside the door.
Cross-examined. Q. How long have you known him? A. From about ten years of age—I knew him working at Mr. Bryant's rope-ground, at Mr. Westthorpe's, and at the King and Queen Iron Works, over the water, and in the West India Docks, till he met with an accident—he was not often in my company, because I am in the habit of getting my living among plots, on the river—I did not often meet him at the Britannia, I seldom go there, only occasionally, when I want a little refreshment—my mate and I ail there at times—I never knew anything wrong of the prisoner—I don't know that he has ever been in custody—I first heard of this charge last Saturday week—there were a great many persons at the Britannia, in and out, but no one else in our company—I met Kerr at his place in Three Colt Street, Limehouse, and walked with him up to the Britannia, as we generally do—I met him about 200 yards from the Britannia, about 7.40, we walked up to the Britannia, and met the prisoner, and went in together—I know it was on this particular night he was in our company—I have met him before at different times—I heard it rumored about that he was in custody, and his mother came to me and told me of it—I do not know Myers.
COURT. Q. Were you often in the prisoner's company? A. Oocasionally—I am very often with Kerr, we work together—the prisoner works about the docks—I was in his company perhaps once or twice a week for a month before he was taken up—I know this particular night, because I have not been in his company since; it was five weeks last Saturday.
GUILTY . **— Eighteen Months' Imprisonment.
NEW COURT.—Wednesday, April 7th, 1869.
Before Mr. Justice Brett.
MR. BESLEY. conducted the Prosecution.
NOT GUILTY .
MR. BESLEY. conducted the Prosecution.
GUILTY .— Five Years' Penal Servitude.
MR. BESLEY. conducted the Prosecution.
There was another indictment against the prisoner for a like offence upon a younger child.— Seven Years' Penal Servitude.
MESSRS. POLAND. and STRAIGHT. caudated the Prosecution; and MR. HARRIS.
EDWARD WILLIAM BASE . I am cashier to Barnett, Hoare & Co., of 62, Lombard Street—Messrs. Noiman & Sons keep an account there—on 18th March, a man, who I believe to be the prisoner, presented this order, "Messrs. Barnett, Hoare & Co., please give bearer a cheque-book; and if
our pass-books is made up, give him that also, Noiman, Sons & Co."—upon that I handed him a cheque-books and Messrs. Noiman's pass-book—the number of the cheques were 23121 to to 23360 inclusive—I thought the order was genuine—I have never seen the pass-books since.
ROBERT JOHN MOFFAT . I am one of the cashiers at Barnett, Hoare & Co.'s—on 19th March the prisoner came there and presented this cheque for 397l. 10s.—I asked him how he would have it—he said, "You will find the particulars on the back—here is on the back, "300l. is 10l. notes;" and he said, "97l. in gold;" but 97l. 10s. is the balance—(the cheque was "No. 23126, pay cash or bearer, 397l. 10s., Noiman & Sons')—I did not give him the money, but called Brett, the police officer, who was in the bank, who spoke to the prisoner.
Cross-examined. Q. I suppose by that time you knew pretty well that the whole thing was a forgery?—A. Yes—it was known throughout the bank that a forged order had been produced; we had an officer ready, and the prisoner saw him.
Court. Q. Could be see the policeman before he presented the cheque?—A. Yes, he was sitting in the bank, in plain clothes—I asked Brett to take him in custody the moment he presented the cheque.
FREDERICK CHARLES BRETT . (City Policeman 131). On 19th March, 10 o'clock, I went, in plain clothes, with Sergeant Scott, to Barnett, Hoare & Co.'s—I remained outside a short time, and saw the prisoner walking about and standing—at the expiration of twenty minutes I went into the bank, and while there the prisoner came in, and I saw him go to the counter—I was then called by Mr. Moffat, who said, "Take care of this man, he hag presented one of these cheques, "holding the cheque in his hand"—the prisoner said, "I am not going to stop here, I am going"—I said, "You must stop, I am a police officer"—he said, "It don't matter to me, I am going," in an indignant manner, and was going away—I took hold of him, and told him be would have to accompany me into a private room—Sergeant Scott came, and I surrendered him into his custody.
GEORGE SCOTT . (City Detective). On 19th March, I was with Brett, in Lombard Street, in plain clothes, and after the prisoner had gone into the bank I went in and found him in a private room—I searched him, and found on him this cheque—(Read: "March 1867. Messrs. Barnett, Hoare & Co. Pay T. Williams, 761. 10s., Noiman & Sons, No. 23123")—also this order, in an envelope—(Read: "March 19th. Please give the bearer a cheque-books; and if our pass-books is made up, give him that also, and oblige, J. O. Undo & Davis. To the Imperial Bank")—I also found on him this other order—(this was also for a cheque-books and pass-books, but bore no address. Signed, "Blackman & Sons ")—I also found this memorandum-book on him—(this contained the following: "Noiman, Son & Co., cigar importers, St. Mary Axe, B. H. & Co."—"London & Davis, Imperial Colonial brokers, 12, Little Tower Street, E. C."—"Harris, Blackman & Sons, tallow chandlers, &c. 144, Broad Walk, Blackfriars Road"—"R. L. & Co.")—The prisoner was asked several times to give his name and address, but refused to give any—he was taken before the Lord Mayor, and then gave the name of Walker, for the first time—the name of Smith was given to him, and he said, "You may as well say Walker, or any name."
Cross-examined. Q. Did he say that he would not disgrace his family by giving his name? A. Yes; repeatedly—he did not say that his family was highly respectable—I learned nothing from him.
DAVID NOIMAN . I am a merchant, of 9, St. Mary Axe—my firm is Noiman, Sons & Co.—we kept an account at Barnett, Hoare & Co.'s—I know nothing of the prisoner, and never saw him before—this order for a pass-book is not signed by me, or any member of our firm; nor did we authorrise anyone to get blank cheques or a pass-books—the pass book would show the balance to our credit—it was over 3971. 10s., and over both these cheques—these cheques for 397l. 10s. and 76l. 1s. do not bear the signature of say member of our firm, I know nothing of the transaction—the signatures to the cheques are good imitations, but that to the order is less good.
GUILTY . * of uttering— Seven Years' Penal Servitude.
MR. METCALFE, conducted the Prosecution.
JULIUS PIOOT . I am a foreign commission merchant, of Fenchurch Street, under the style of P. Martin & Co.—I have known the prisoner six months—I met him at Gatti's Restaurant and Music Hall, and entered into conversention with him—on 7th December he came to me and asked for a chain to show to a gentleman living near Birmingham—I let him have one value 5l. to sell on commission for me—in a few days, he said, that the charm would he returned to me or the money for it—on 15th December he came again, and mid, "Will you be kind enough to let me have two other chains, become I had a letter from my customer who said he could not buy it with only one," he wanted to have two others to choose from—I let him have two other chains, saying, "I want them back as quick as possible, or else let me have the money for them"—he said "I will manage to have them back quick"—he saw a dessert service at my office the some day, and said, "Why do not you sell it?"—I said My landlord down stairs is a china merchant and Perhaps he would not allow me to sell it here"—he said, "I will do it for you, let me have it in my office?"—I did not know him very well, and I went down and looked at his office, it was a neat place, No. 2, Jewin Street, ground floor, and I let him have the dinner service—I afterwards saw it at the place in Jewin Street—I sent it there to sell for me—I afterwards received these letters from him, they are in his writing—(This was dated 18th December, 1868, and signed by the prisoner, stating that the was obliged to go out of town till Monday when he should know about the jewellery, and that he had not succeeded in selling the dessert service, signed "S P. Behrens"—The other was dated 20th December, from the prisoner to the witness, and stating that he had had a letter from his customer to sage that he would keep the geld Albert and guard, but would return the ear-rings and ladies rings, which he should received on Tuesday morning, mad would bring back at once, and that he would try and persuade a person to purchase the dessert service.)—About 21st or 22nd December, after I received the second letter, I went to his place and found the service was gone—on 30th December, I went with Mr. Mullen to the prisoner's private lodgings, in Long Lane, Smithfield—he received us, and Mr. Mullen said, "Where is the service you had from Mr. Pionty?"—he said, "It has been given to a friend of mine as security for a couple of pounds advanced to me"—he would not tell us where the friend was, he said, "It is too late now"—it was then 6 o'clock, and he said, "You will not meet with him, but to-morrow, about 2 o'clock, you may be sure to have your service back"—Mr. Mullens said, "And about the chains, where are they?" he would not tell, but Mr. Mullens insisted, and he said, "They are pawned"—Mr. Mullens
asked for the tickets—he hesitated, and after some minute gave them to him—we got a warrant at the Mansion House next day, and then found that the prisoner was in Whitecross Street, and had to wait till he came out.
Prisoner. You say I had the dessert service from you on the 15th it was the 12th. You wanted 301. for it, and I advised you to advertise it. I sent my boy for it on the the 12th, and I advertised it for you in the Telegraph on the 15th. Witness. I can show my book—I did value it at 30l.—I did send you goods on sale or return, and you returned them—you were to have 10 per cent, commission—I gave you the other goods some days after the gold chains—this is my invoice—you returned all these imitation goods, but kept the gold ones—the ring never came back—this invoice is for wine, brandy, and champagne, sold to you for your own use—the things I let you have on the 15th are mentioned in this invoice—I never told you that I would take 20l. for the dessert service.
Prisoner. Being very much pressed for cash, I was compelled to raise money on the two Alberts, and the dessert service, and the guard, as I had money owing to me, and I intended to redeem them. He pressed for the money, and I sent him a bill; he did not accept it, but he retained it Witness. That was after I had seen you with Mr. Mullens—I never agreed that you should pay me 5l. a week, you offered me money on account, and I would not take it—I did not arrest you, you were sent to Whitecross Street by somebody else.
Prisoner. My case is, that he sold me these goods on credit, but I was at liberty to return any of them, though they were all charged to me. I was not acting as his agent.
THOMAS MOSSMAN . I am assistant to Mrs. Baker, a pawnbroker, of Aldgate High Street—I produce a lady's gold chain, and a gold Albert, pledged on 15th December for 3l. 10s., in the name of Samuel Behrens—I believe the prisoner to be the person.
J. PICOT. (re-examined). These chains are mine—the one pawned on 7th December is the first chain I gave him; and the one pawned on the 15th, I gave him on the 15th.
ALFRED COTTON . I am assistant to Mr. Russell, pawnbroker, of Fore Street, City—I produce the ticket of a dessert-service, pawned on 21st December, for 8l., in the name of Behrens, 2, Jewin Street—it has been identified—I should be very well pleased to get 10l. for it—there are 103 pieces—I do not know the prisoner, and do not believe him to be the peace who pawned it, it was a foreigner who could not understand English—I was introduced to him by a person named Latter, a teacher of foreign languages, who I have known some time.
J. PICOT. (re-examined). I have seen the dessert-service—it is the one I entrusted to the prisoner, and is worth 30l.
Prisoner's Defence. Gentlemen, I wish to impress upon your minds that if I had any wish I could have had plenty of other goods from him. I admit pledging the articles, being pressed; and had I not been arrested I should have paid for them in a business manner. I had no intention of defrauding, nor did I use any false means to obtain the goods from him; and when he said that he would redeem them I gave him the ticket. We
were on the best of terms, and he came to see me in the debtors' prison; but though he wanted 10l. cash I could not settle with him, as it would have been defrauding my other creditors.
JORY. to J. PICOT. Q. did he offer to settle the matter with you for 10l.? A. He wrote to me to come to Whitecross Street to see him, and offered me 10l., but I always declined.
Prisoner. did not you on two occasions come to me in Whitecross Street and ask me to give you security and then you would not prosecute me? Witness. I did not—you offered me a bill of sale, but I would not take it.
GUILTY .— Nine Months' Imprisonment.
THIRD COURT.—Wednesday, April 7th, 1869.
Before Mr. Common Serjeant.
412. EDWARD SIMPSON (39), was indicted for unlawfully obtaining on credit, within three months of his bankruptcy, certain goods of Alfred Charles Grove, with intent to defraud him. Ten other Counts contained other like charges; and other Count charged an unlawful pledging and disposing, with intent to defraud his creditors.
THOMAS SMITH . I am a clerk in the Chief Registrar in Bankruptey Office—a partition was received in the office against Mr. Edward Simpson, the defendant, which came into my hands—it was filed on the 24th September, 1867—I produce the London Gazette, with the advertisement of the bankruptcy—the partition is signed by the prisoner.
Cross-examined. Q. You simply produce this partition? A. That is all—I know nothing of the signatures at all, except I know the clerk's signature at the bottom, who took the partition.
ALFRED CHARLES GROVE . I am a warehouseman in the silk trade, carrying on business with Mr. Richard Chandler, 18, Bread Street—the signature to the partition is the prisoner's handwriting—prior to September, 1867, I was in business on my own account, at Lyons, as a commission agent in the silk trade—I had very extensive dealings with the prisoner, who was, prior to that time, carrying on business as a silk merchant, at 139, Cheapside—prior to September, 1867, I had known him eighteen months—my first knowledge of him in business was in January, 1866, and from that time, up to July, 1867, I had very extensive transactions with him—he from time to time paid me very large sums of money—his business, as far as I could judge, appeared to be a flourishing and good one—I dealt with him upon my own responsibility—his transactions were with me—I bought goods from the manufacturers specifically for him—I was responsible to them and he to me—he, from time to time, came over to me—he came in 1866 with a letter of introduction from a highly respectable house in the City of London, Bradbury, Greater, & Beale—the letter was written by Mr. Edward Beale, giving him a very high character—he continued to carry on business in that way until August, 1867—in the latter end of July, 1867, he came over to me—he also came over in the early part of June, when he bought largely on the market, and left orders—I believe he purchased over 1000l. worth of goods in June, 1867—at that time I had heavy claims against him, for which I held his acceptances to the amount of between 5000l. and
6000l.—that sum had been gradually increasing—when he came over in June, he ordered the goods to be delivered in August and September for his autumn trade—after that he came over the last week in July—he went round the market with me to see what novelties he could find—we want round to the manufacturers, and saw the styles which were being matter made for the autumn—he then bought goods to the amount of 1000l.—he said he was going for a short journey to the North of England, and should like to anticipate the autumn trade by having a few novelties; what he wanted were the newest things, to be delivered immediately, to carry out the object he had in view—the 27th, 28th, and 29th July were the days he was in Lyons; his bought ready—made goods; that was the last time I saw him over there—at the July interview I reminded him that our account was very heavy, too much so for a small man like me—I said, "Simpson, I hope things are right"—"Perfectly right, Grove, make your mind easy;"—"What do you require these goods for?"—"For an immediate sale, to go round the North of England to anticipate the large wholesale houses"—he accompanied me to the manufacturers, and I agreed to limit our operations to 1000l.—he said he required a small quantity of goods, but what he required must be the newest, best, and most recherch'e things—my mind was operated upon by what he said about going to the North, and anticipating the wholesale house—in sending those goods, I believed that the goods were intended for fair and legitimate business—I sent them on the 30th of July—it is possible I may have sent some goods on 1st July, but that would have been a small affair—(the prisoner's Day Book was produced, and invoice from the various merchants which he received with the goods)—here is an invoice of 6th July for some silk and satin goods to the amount of 440 francs 50 centime—there is also a second invoice of that date to the amount of 32l. 10s. 6d—I look at the prisoner's book of sales, and find an entry there of those goods to Messrs. Cook, Son, & Company, St. Paul's Churchyard, London, dated 22nd July, sold at 20l. 8s. 11 d., and another amount 6l. 7s. 5d. to Suffield, of Birminghan—there are numbers which correspond with the numbers in the margin of my invoice, which shows me that that is the same piece—my invoice is dated 6th July, which shows that the goods were sent from Lyons on that day—they would take three days to get to London, presuming the Channel is quiet—I look at an invoice of the 23rd July, five lengths of silk 26l. 6s. 4d.—there is another invoice of the same date, amounting to 53l. 7s. 11d.; and a third, amounting to 8l. 16s. 6d. and a fourth, amounting to 31l., 5s.; there is another small amount, 16l. 2s. 6d.; that makes altogether 135l. 18s. 3d.—I look at the sales of those to Havey & Company, of Knightsbridge, 17l. 5s., August 14th, the goods having cost 26l. 6s. 4d.—on the 23rd July, goods costing 53l. 7s. 11d. were sold to Havey & Company of Knightsbridge, for 30l. 1s. 11d. there was another sale, of 14th August, to Havey & Company, for 3l. 12s. 6d. the goods costing 8l. 16s. 6d.: on the same date goods sold to Havey & Company 10l. 1s. 3d.; part of the same goods were sold to Meeting, for 12l. 3s. 5d.; making a total of 22l. 4s. 8d., and costing 3l. 5s.—one invoice has not been—explained—on the 19th August, goods were sold to Mekong, of Holborn, for 12l. 3s. 9d. costing on the 23rd July, 16l. 2s. 6d.—I look at invoices dated 30th July, for goods to the value of 240l. 6s. 6d.; they were received on 4th August, and solid on 15th to Charles Meeting & Company, of Holborn, for 205l. 14s. 1d.,—two pieces of that case were not sold, and one was sold to a home at
Manchester, for 19l. 9s.—the two pieces not sold are estimated at 38l. 6s.—I look at an invoice of the 30th of July, cost 9l. 0s. 10d. sold for 9l. 8s. 10d.—another, dated 30th July, of goods to the value of 171l. 8s. 6d. sold to Havey, Nichols & Co, on 14th August, for 91l. 18s. 9d., making a loss of 80l.—those goods cost, on an avenge, 8s. a yard, and they were sold for 5s. a yard within ten days of their arrival—they were sold on 14th August, and arrived in London on 3rd or 4th of that month—I look at an invoice of goods to the amount of 121l. 11s. 9d.: they were sold to Tueski & Co., and to Sison's, of Manchester, in various amounts; to Tueski & Co., 20l. 1s. 3d., 5l. 7s. 9l. 14s. 10d. 47l. 14s. 10d.—then to Sison, of Manchester, 19l. 19s. 11d., making a total of 102l. 17s. 10d.; that was on the 15th August—then on 31st July, goods to the amount of 119l. 4s. 2d. were sold to four different parties; Neve, of Brigthon, for 10l. 16s. 11d.; Chipperfield, of Brighton, 11l. 7s. 2d.,; Venables, of White-chapel, 40l. 3s. 6d., and Harvey, of Knightsbridge, for 24l. 8s. 2d., making a gross total of 86l. 15s. 9d., leaving a sacrifice of 30l.—those sales took place on the 10th, 14th, and 15th August—I look at an invoice of 31st July, of goods amounting to 118l. 18s., which were sold to Woolf & Farish, on 14th August, for 94l. 11s.—I look at an invoice of 5th August, of goods amounting to 150l. 16s. 8d., which were sold to five different parties; goods on stock, 20l. 16s. 3d.; Sison, of Manchester, 22l. 10s.; Neve, of Brigthon, 19l. 7s. 10d.; Pocock, of Brigthon, 36l. 9s. 6d., and Wightwick, of Bond Street, 22l. 3s. 2d. and 21l. 16s. 3d., making a total of 143l. 2s. 1d.—I should take what remained in stock, because that is charged at his own price—the next invoice is dated 10th August, two parcels, one for 10l. 5s. 4d., and the other for 72l. 11s.—one was sold to Turner, of Birmingham for 8l. 14s., and the other to Charles Meeting & Company, of Holborn, for 67l. 3s. 5d.—those invoices include all the goods he ordered in July—they were sent as soon as they were ready—they include the goods which he professed to want for the purpose of his Northern journey—they do not include any part of the goods ordered in June, none of those have been delivered—at the time of such transaction with him I had the order for 800l. or 900l. in hand—the goods spoken of on 16th July were ordered by letter—they were ready-made goods, and were sent about the same period—I came over to England in August, I belive I arrived on the 19th, I left Lyons on Monday, the 12th—I saw the prisoner on the following morning, 14th—I then had a brief conversation with him, merely passing the compliments of the day—nothing was said about this business at that interview—I bad a subsequent interview with him on the same day, repeated again on the following day—the following conversation occurred, "Simpson, you have heavy acceptances becoming due, do you think you are prepared to meet them?"—"Why do you ask that?"—"Being in London, I put the question frankly to you; should you require assistance, name it"—he replied, "If I require it, I should have asked for it"—I said, "I am very happy to hear you don't require any"—he again assured me he did not require any assistance—in another interview he admitted it was possible he might—he said, "I might require assistance; there are not any of your acceptances due; but let us have a chat together"—we had a chat—I advised him not to carry on the conversation in his warehouse, but to meet me at my solictor's, Mr. Potter, of King Street, cheapside—he met me there in the afternoon of the same day—he then named what assistance he should require—he said if I would get him three bills renewed for a short
period, it would be a great assistance to him—he named seven days, where-upon Mr. Potter remarked, "Seven days soon fly away; are you sure that is long enough?"—he assured us it would be—I replied, "It is as easy for me to obtain the renewal for ten or fourteen days as it would be for seven; let me understand your position, is it a bond fide one; do not trifle with me, I am a poor man, and if you fail you ruin me"—he then made a solemn assertion or affirmation, he said, "I am perfectly solvent, my expenses in my business are nothing, do not be alarmed; I am tightly pressed for money, I admit, but you are the last man I should think of ruining; you have been a good friend, I would not ruin you"—I then consented to have the bills renewed—I said I would return to Lyons, place the matter before the parties who took the bills, the different manufacturers to whom I parted with the bills—a further conversation ensued between Simpson, myself, and Potter, more directly with Mr. Potter and Simpson, Simpson assuring us that he was a solvent man—upon his representation I returned to France and obtained the renewal of the bills—the interview took place about 17th August—he did not then tell me of any of these transactions with Mr. Meeking, nor was I informed by him that he had pledged my goods—he did not meet his engagement, and the bills were all dishonoured about a fortnight afterwards—I then came over to England, and called on my solictor, and, accompanied by Mr. Lovering, the accountant, went to Simpson's warehouse—that was the first or second week in September—I said, "Simpson, you have not behaved like a man, you have not kept your word, you have ruined me; you have but one alternamtive, surrender like a man, and let us know the state of your affairs"—he declined to do so, and said he would do nothing of the kind—he said he would give no preference—I said, "No preference is wanted; I will have nothing more to say to you, but I leave the affair in the hands of Mr. Potter"—Mr. Potter served him with a notice of bankruptcy, and on the 24th he filed his petition—the consequence of the bills being returned was that I had to suspend payment, and was driven into the Bankruptcy Court—I called my creditors together, in the usual way, according to the law of France, and obtained my concords
Cross-examined. Q. The accounts you have been reading from, were furnished by the prisoner himself under his bankruptcy, I belive? A. Yes, they were furnished by order of the Court—they are not in his handwriting; except what appears from them, I know nothing; it is from the account and from reference to my invoices, and so on, that I am able to give the imformation about the sales—for example, I don't know such a fact as that the goods were sold by a clerk, or a representative—I became acquainted with Mr. Simpsom, in direct business transactions, in July, 1866, although I had a slight knowledge of him before—he only presented me with one testimonial from Mr. Beale, who was a partner in the firm of Bradbury, Greatorex & Company; that is a first-rate firm—the prisoner's idea, in the first place, was to sell upon commission, but I told him that the French houses had a great objection to that—it is their practice not to do it if they can help it—when he came to me, he told me he had letters to other merchants in Lyons, and I said "Go and see your other friends, and see if you can obtain goods on consignment"—but he returned to me, not having succeeded, and he then resolved to become a buyer—at that time I had been living in Lyons for seven years, but had only recently commenced business on my own account—I made myself responsible to the manufacturers for these goods—I bought
from the manufacturers and invoiced the goods to Simpson in my name—as a rule I added nothing to the prices from the manufacturers, although these were exceptions, namely when I submitted goods to him, I have added 1 per cent, or it might be 2 per cent. besides my commission—I frequently offered him goods at a certain price, and if he thought them cheap he bought them, if not he declined—in June he ordered 1000l. worth of goods, for the autumn market, and on the 27th, 28th and 29th, he was at Lyons—what he bought in July was a distinct transaction from what he bought in June—in June he ordered a quantity of goods to be delivered in the months of August and September, but they never were delivered—the 1000l. worth of goods which he purchased in July were never delivered—he purchased them of me—he selected the goods, but they went through me, the manufacturers getting my security only—at the original interview he had with me he told me he only had 500l. capital—he repeatedly told me, both by verbal communication and by letter, that he had wealthy relatives, whom he belived he could get support from—when I saw him in August, I have no recollection that he said anything about hoping to get money from his relatives when the crisis came—after the crisis had arrived he did say he had applied to them and failed—at this conversation, when I was urging him to trust to me, I did not exactly say to him, "Simpson, put yourself in my hands, I can get any amount of credit at Lyons"—I said, "Give me your confidence, and you shall have mine"—I said, "My capital is like yours, very small, but my credit and my reputation on the market is good; any reasonable amount, provided it is fair and honest, I can obtain"—I never told him in August that if he put himself in my hands, I could get plenty of credit at Lyons—you are mixing the two occasions together—that was at the commencement of our transactions—I failed for 160,000 francs—in round numbers 6000l.—the prisoner failed for a little more than that—I do not remember that at the time he failed there were outstanding bills which were afterwards met—in June, when he gave me an order, his indebtedness to me was rather more than 4000l.—it was between 5000l. and 6000l.—at the time he failed he owed me 4540l.—during the three months that elapsed before the bankruptcy, he paid me about 3380l. 15s. 10d., so that if he had failed in June I should have been worse off than I was when he did fail, by a couple of thousand pounds—he might have rendered me liable for another 1000l., as I had delivered the goods, and had I continued in business, I must have accepted those goods because I was liable and they were ordered in my name—from time to time, without having any direct order from him, I sent goods to him, acting according to the best of my judgment—if I had a lot of goods which I thought he could sell, I sent them to him—I never sent him goods without acting on my own judgment, except in carrying out previous orders that had not been executed—during the three months previous to his bankruptcy, I never sent him goods of my own accord—at the Mansion House the solictor for the defence asked me if I had not sent him some black taffeta that he had not ordered—I said I had not—I can make that perfectly clear by the prisoner's own handwriting—he ordered ten pieces, the order could not be executed on the market at the time; I sent him patterns—he wrote back saying they were very dear, and not suitable for him—some week, or ten day afterwards, I wrote to him saying, that I had found a few packets, but that was what I considered a portion of his previous order—at that time I never bought him any robe; that was in July—he sent me in July an indefinite order, saying that he required
some very handsome stylish brocaded robe, with black ground with rose buds, just suitable to the season—I went through the market and found an assortment of eleven robes—the result of that was that he came to Lyons on the strength of that, and expressed his satisfaction, saying that he should like to buy thirty or forty of that same sort—I never bought any robe without his bonacircfide order—I could not pledge my oath that I never, during the three months previous to his bankruptcy, sent him any goods which I selected without a previous order.
Re-examined Monday, 12th August, was the earliest date at which I had any notion of the prisoner's difficulties—that induced me to come over to see him on the 14th, when he re-assured me—about a fortnight afterwards the bills were returned—I should add 3 per cent. to the invoice price, and that would make the cost price to him—a man engaged in a business of that kind ought to make from 7 1/2 to 10 per cent profit.
MR. SERJEANT PARRY. Q. Do you remember a job lot of fancys which you sent to the prisoner? A. Yes—I sent them in August, saying, "I hare met with a job lot of fancys, and sent them by post"—it was my duty to do that—they were patterns, and he made his selections and gave me a bonacircfide order.
SAMUEL POTTER . I am a solictor, practising in King Street, cheaspide—in the summer of 1867, in consequence of some imformation I obtained, I communicated with Mr. Grove, at Lyons—I telegraphed to him on the 12th August—he afterwards came to England—I saw him nearly every day between the 14th and the 17th—Mr. Simpson came to my office, accompanied by his clerk, Mr. Nash, on the 17th August, in order to give me certain explanations—I was acting as Mr. Grove's solictor, and was not satisfied—those explanations referred to Mr. Simpson's position—a bill had been returned, and as some other bills were failing due within the next few days, it was a subject of great anxiety to Mr. Grove to know what his position, was to be with the manufacturers in Lyons who made these silk goods—I could not advise Mr. Grove on his own position without satisfying myself of what was Simpson's position, so Mr. Simpson and Mr. Nash came to me—at that interview I asked Mr. Simpson to tell me candidly what his position was—I pointed out to him that Mr. Grove was a very young man in business, with a wife and family depending on him, and that it was of the greatest importance for him to know the position of affairs—Simpson assured me that he was perfectly solvent—I then made some inquiries about what bills, were falling due within the next few days—there were some acceptances, I belive, and some bills of other people falling due, and Mr. Nash, who was present, referring to a memorandum-books, told me what those bills were—I then said to Mr. Simpson, "What is to be done? I suppose you want to be able to meet these bills?"and he said, if time could be obtained from the manufacturers in Lyons he could meet everything—I said to him, "Tell us truly what your position is?"—those bills amounted to several hundreds of pounds—there was one for 1500l., and some considerably larger ones—I said to him, "if Mr. Grove is to go and ask a favour of these manufacturers it would be better he should ask a longer time"—I said, "You will find a week run away very quickly, and it is just as easy to ask for ten or twelve days as a week"—he seemed to agree with me, and it was agreed that Mr. Grove should ask indulgence until the 1st or 2nd September—I am not quite certain which—I then asked Mr. Simpson how he had got into such a position, and he said he had over-bought himself,
and that trade was excessively bad—I then questioned him with reference to himself and his own personal expenses; I said, "Where do you reside?"—he told me, I think, that it was in the Fentiman Road, Clapham Road—he said, "I am an exceedingly frugal man, I do not cost more than a policeman's wages; 30s. a week would cover all my expenditure"—he said when he first went into business he used to sleep under the counter to save the expense of a lodging—on that occasion he assured me of his perfect solvency—on the 2nd September I again communicated with Mr. Grove, and he again came over to England—I again saw Simpson in company with Mr. Grove, but we could get nothing satisfactory from him—I asked him to place his books in the hands of Mr. Levering, the accountant, in order that we might be satisfied about his real position—he refused, and I afterwards took out a warrant against him, whereupon he filed a partition of bankruptcy.
JOHN FOLLERD LOVERING . I am an accountant, carrying on business at 35, Gresham Street—I was instructed to look into the prisoner's accounts—I have done so, and I have looked through the accounts mentioned by Mr. Grove—the total of the accounts which Mr. Grove has spoken to amount to 1171l. 4s. 11d—the sales of goods in stock, taking the goods at the same price as Grove sent them over, had come to 860l. 1s. 1d—about 67l. worth of that remains in stock—they sold at a loss of 312l. 7s. 10d.—in going through the transactions in the prisoner's book, I find other persons supplying goods besides Mr. Grove—on the 5th July, I find goods bought of Kemp & Son, Spital Square—the prisoner's signature is to the copy of that invoice—those goods were bought for 60l. 19s. 9d., and sold for 54l. it. 3d.—they were bought on the 5th July, and sold on the 8th, to Turner, Son & Nephew, Birminghan, and Wolf & Co., of Shoreditch—on the 6th July goods were bought of Rubel & Abegg, of Zurich, for 53l. 19s. 2d.—they would arrive four or five days from that time, and they were sold to Cook, Sons & Co., and to Deverill for 47l. 0s. 10d., leaving a loss of 6l. 18s. 4d.—on the 18th July goods were bought of the same firm, to the amount of 1972. 0s. 4d., and they were sold to Cook & Company, and Wolf & Fairish of Shoreditch, for 176l. 19s. 6d., making a loss of 20l. 0s. 10d.—on the 27th July a parcel of goods was brought of Merrill & Schmidt, of Basle, black ribbons, costing 116l. 10s., and sold on the 17th August, to the Fore Street Ware-house Company for 114l.—then two days after that, a parcel of ribbons was bought, amounting to 316l. 5s.—they were sold to Foster, Porter & Co.—those are the last goods received from anyone but Mr. Grove—these items make a further loss of over 200l., making a total loss of 500l.—I find that from the 25th June, the three months previous to the bankruptcy, the pieces of silk bought were 235; of those 235, 9 we find in stock, 24 had been sold at cost price and a profit, and 202 sold at a loss—there was not a sufficient profit on these to pay the freight—at the date of the bankruptcy the debts amount to 6600l., and liabilities on bills running 3039l. 15s. 1d.—there were 226l. book debts, and stock 350l., altogether making 576l. 5s. 8d.—there was no money given up—the stock realized about 270l.—on the 1st August, 1866, the prisoner started with a deficiency of 950l.—he has never been solvent since as far back as August, 1866—at that time the amount of insolvency was 959l. 14s. 1d.—at the time of the bankruptcy the deficiency amounted to 6074l., besides the liabilities on current bills—during the year preceding the bankruptcy the drawings out of the firm were 1482l. 13s. 6d. from the 1st August to the 24th September—the trade expenses during that time would be about 2400l., including rent and discount to customers,
interest on loans, &c.—I look at the ledger, and I find that he paid into the business from the 8th August, 1866, to 30th June, 1867, about 2122l. 0s. 5d.—that book does not show from what source the money came—there was drawn out 1949l. 0s. 7d., leaving a balance of 172l. 19s. 10d.—in July, 1867, there was paid in 502l. 14s. 3d., and drawn out 736l. 2s. 4d.,—in August there was paid in 251l. 16s. 10d., and drawn out 1672l. 13s. 3d. making a difference of 1400l. drawn out in the month of August—from September the 1st to 20th, 8l. was paid in and 195l. 6s. 7d. drawn out—that shows an excess of 1553l. 19s. 2d. drawn out during these three months—the amount of balance in the bankers' hands was 8l. 4s. on 1st July, 1867; on the 10th, 61l. to his credit; on the 31st July, 1l. 11s. 11d., and at the end of August the balance is 18s. 5d.,—386l. was paid in during August, and nothing in September—according to the books, the amount of trade from August, 1866, to the date of the bankruptcy was 22,003l., 17s. 4d.—I find a number of letters addressed to a person of the name of Nash, who is said to be his clerk—(Mr. Grove proved these letters to be in the prisoner's handwriting).
Cross-examined. Q. You have not gone through Mr. Grove's accounts? A. No; I have never been called on to show when and how he was insolvent—I have been through the whole of the books of the prisoner before the bankruptcy, and also the accounts filed in the bankruptcy—if I had been called on at any time by the bankrupt, I should have been enabled to enlighten him as to the real state of his affairs—I have had great experience in bankruptcy—it is frequently a common thing to find men going on and on after they are insolvent, fancying, perhaps, that they can redeem themselves—the amount of indebtedness of Mr. Simpson at the time of his bankruptcy was 9690l. 12s. 10d. against 5767l. 8s. in the nature of assets and book debts—of the 9000l. indebtedness there was 3039l. 15s. 1d. bills current, so that the total deficiency was 6074l. 12s. 1d.—I have stated the fact that he was 9000l. to the bad in August, 1866; meaning that there was a balance against him to that amount—if he had paid in 949l. on the 1st August, the concern would have been solvent—the balance-sheet has not been struck in the meantime between the 1st August and the date of the bankruptcy—this is his balance-sheet, not mine—the 1482l. 13s. 7d. which he drew out would not include his travelling expenses—300l. is down for them, besides—I don't think he employed travellers, he always travelled himself—I see he has put down "Expenses to Lyons, 16l. 10s.," which has gone into the travelling expenses—he has got down, "E. S. Expenses to Brigthon, 3l. 10s.; Lyons, 2l. 10s."—then there are one or two travellers down here besides himself—during the last three months he paid a sum of 8333l. 13s. 5d. to creditors, for bills—the 3380l. 15s. 10d. which he paid to Mr. Grove forms a large portion of that—the bills were due before the 24th, but were not paid until the 25th or 26th; and if you go to the three months the figures will differ a little, although they are substantially right—the paying in and drawing out account which I have spoke of is different to the cash account—I have sufficient knowledge of this business to know that turning over 23,000l. in thirteen months was a very respectable turn over—that was a fair average year in the silk trade—the market was a rising market.
ADOLPH GUTT . (through an Interpreter.) I am in the employ of Frie & Co., of Basle—I have been a clerk in their office from 1863 to the present time—they have sent me to attend at this prosecution—I produce a book of sales—I find there an entry of July 29th, 1867, for silks.
WILLIAM RADCLIFFE . I am assistant to Mr. Harrison, pawnbroker, of 41, Alderagate Street—I know the defendant—I have had transactions with him—they commenced on the 18th February, 1867—there was a parcel pawned on the 18th July, consisting of sixteen pieces of silk—191l. was advanced upon that parcel—the prisoner pawned them—all those goods were redeemed afterwards—they were in pawn till the 17th August—on the 20th July seventeen pieces of silk were pawned for 120l.—they were pawned by the prisoner—they were redeemed on the 16th August—there was a lot pawned on the 29th July, by Edward Nash for Edward Simpson—I belive Nash was his clerk—he pawned eight pieces of silk for 94l., and on the same day eight other pieces—they were also pawned by Nash for Simpson—they were pawned at the same time, only he wished them divided—on the same day, also, two pieces were pawned for 20l., and two other pieces for the same amount—they were redeemed on 2nd August—the two lots of eight pieces of silk, each for 94l., were redeemed on the 20th August—on the 26th July thirteen pieces of silk were pawned for 120l., by william Brown for Edward Simpson—I do not know who redeemed them—they were redeemed on the the 20th August—on the 8th August nineteen pieces of silk were pawned for 171l. 10s., by Edward Simpson; redeemed on the 15th August—I remember taking that particular lot, independently of seeing his name in the book—on the 15th August a part only of the previous lot was redeemed; nine pieces were left in for 78l.; part of those were redeemed the next day—the remainder the day after that, the 17th August—six pieces were pledged on the 20th August for 70l.; they, were redeemed—on the 23rd August some other pieces were pledged for 30l.; they were redeemed on the 6th September—the prisoner had pawned goods previously to the 18th July—I had seen him in that year five or six times, either pawning goods himself or coming with others—I saw him several times during July and August, either coming to pledge or redeem goods—interest had to be paid when the goods were redeemed—we charge 15 per cent per annum—the goods were sometimes carried by porters, sometimes by hand, sometimes in a cab—they were done up in brown paper—they were generally brought between 2 and 4 o'clock in the afternoon—the prisoner said on several occasions that he wanted the money to meet a bill before the bank closed.
Cross-examined. Q. As far as you were concerned, you had no reason to doubt that statement, had you? A. No—it is an every-day occurrence to have transactions of this description, and by persons whom we know to be solvent—it is not uncommon for people to raise money for a temporary purpose, under the circumstances that Mr. Simpson did—some of these parcels were renewals—the parcel of the 18th July was a renewal of a former pledge; it was originally a three months' pledge, and the inference is that that time had expired when it was renewed—that is the case as to a few of the pledges, but not all—some were pledged on the dates I have named—all the pledges have been redeemed—sometimes they remained for a few days, sometimes for a longer period—it is a common thing, whether it is right or wrong.
(Letters from the prisoner to Nash were put in and read, dated June 1st, 19th, 20th, 22nd, 24th, and 29th June, 1867, the purport of being the necessity of raising money to meet bills coming due. MR. SERJEANT PARRY. then submitted that the first twelve Counts of the indictment were improperly framed and were bad, as not alleging that the offence had been committed with
intent to defraud or defeat the rights of creditors; he also submitted that the case did not come within the jurisdiction of the Court, the great bulk of the goods being obtained abroad. MR. METCALFE. contended that the form of the indictment was correct. THE COURT. considered that the allegation in the indictment was sufficient, and that the objection as to the jurisdiction could not be sustained.)
ALFRED CHARLES GROVE . (re—called). I executed the order mentioned in the letter of 19th July, 1867—they are the goods I have spoken of—(The letter of 23rd of July, 1867, was read, at the request of MR. SERJEANT PARRY. to show that the order was not executed)—I did send those goods, and produce the invoice—I have traced those goods—I sent them in the belief that they were to be dealt with in the ordinary way of trade.
GUILTY . upon the first Eleven Counts.—Recommended to mercy by the prosecutor.— Six Months' Imprisonment.
MR. WOOD. conducted the Prosecution.
WILLIAM BERNEY . I live at 11, St Thomas Road, Bow Common—I am foreman to Mr. Thomas Nelson, an architect, who was pulling down a church in Wellclose Square—on 19th March, about 3 in the afternoon, there was a copper ball and spindle under the stairs on the floor, on the left hand side—I received information and went to look after the copper—there were several men in the church—I went to the place where I had seen the copper safe, but it was not there—I went to the front of the church and saw Carthy—I went to the gate and then round the church—I afterwards found it on the roof, broken up into several pieces.
DENNIS CARTHY . I am a labourer in the service of Mr. Thomas Nelson—I took down the copper ball from the church—it had been on the ground floor about a week—I gave it to the last witness—I put it under the staircase in the church—I did not remove it—Mr. Berney gave me some information, and I went on to the roof of the church—I found the ball broken up—Michell and Hoskins were on the roof, breaking it up—I then called Berney, and the prisoners ran away—they were working on the roof at the time—there were other men there at work—I don't know who took the ball and spindle on to the roof—Michell had a mattock in his hand—part of the ball was lying at the side of them—I did not say anything to them about it—I called out to Mr. Berney—he ran up on the roof then, and the two men were brought down and given in charge.
JOHN HAWKINS . I live at 6, Cambridge Terrace—on 19th March I was at the church in Wellclose Square—I know this copper, it is Mr. Nelson's property—I was the purchaser of the church—there is 12 or 14lbs., and it is worth about a 1s. a pound—the prisoners were not justified in breaking the ball up—but I don't know that they did break it up—there was no occasion, in the discharge of their duty, to take the ball on to the roof.
NOT GUILTY .
414. JOHN AULTERS (15) , PLEADED GUILTY . ** to three indictments for stealing nine pairs of eye—glasses, four pairs of spectacles, one brooch, and one bag, of Charles Wigg; two pairs of boots and one baggy of Henry Norris; and forty—two shirts and one bag, of Joseph Welsh and another.
Five Years' Penal Servitude.
FOURTH COURT.—Wednesday, April 7th, 1869.
Before Mr. Recorder.
MR. WOOD. conducted the Prosecution; and MR. MOODY. the Defence. HENRY CHARLES WATSON. I live at 9, Brewer's Buildings, Fetter Lane, and am a light porter—on Saturday, 6th March, about 12.30 in the morning, I was with two friends, named Alfred Davis and John Marshall, at Pentonville Road, in an ice-cream shop—the prisoner came in with a female—he began quarrelling with the shopman and wanted some brandy and water—he was walking backwards out and he stumbled against me—I put my hand up, and he turned round and put his two fists in my face, and said, "Me fight, me fight"—I merely kept him from tumbling against me—I did not do anything more to him—I said I did not wish to fight, and be again put his fist in my face, and said, "Me fight"—he went outside, and I followed him—I did not do anything—I was going home with my two friends, and he took and struck me in the head, and I became insensible—a mob collected round directly after—there was nobody there when I was struck—I was put in a cab and taken to the hospital, and attended by Dr. Forder.
Cross-examined. Q. You were not much hurt, were you? A. I was hurt—I am not much the worse for it now—it was Saturday night, beyond midnight—I had been drinking with my friends—we had five pots of stout between three of us—we went to the ice-cream shop for some refreshment—there were ten or twelve persons in the shop, but I did not take much notice—the prisoner did not speak in English—he spoke something I did not understand—I know he said something about brandy and water—I believe the shopman spoke the prisoner's language—we did not begin chaffing the man about asking for brandy and water in an icecream shop; I swear that—he went outside first and I went after him—I did not pull my coat off—I did not put my fists up and say, "Come on, you b—I will fight you"—I did not run up North Street—I did not see one of my friends kick the prisoner while he was on the ground.
MR. WOOD. Q. Had you a muffler on at that time? A. Yes—round my neck—I don't think my friends had—this is the muffler (produced)—it is stained with blood.
ALFRED DAVIS . I live at 22, Wellington Street, Whitechapel, and am a basket-maker—on the morning in question, between 12 and 1 o'clock, I was with the last witness in the ice-cream shop when the prisoner and a female came in—he had some words with the shopman—I did not understand what it was about—he walked backwards out of the shop, and walked up against Watson—Watson put up his hands to shove him away, and the prisoner turned round and wanted to fight—Watson said he did not want to fight—the prisoner went out and Watson followed—no sooner did he get to the door than the prisoner stabbed him with a knife—he then ran up North Street; I ran after him—he turned and run back again—he run up against a cab and was knocked down—I kicked him so that he should not get up—he had the knife in his hands when he fell—a man came up and caught hold of me for kicking him, and when he saw the man was stabbed he let go of me and caught hold of the prisoner—I put Watson into a cab and took him to the hospital—he did not take off his coat and muffler outside
the shop—I must have seen it if he bad done so—I saw this knife when I got to the station—I could not swear it was the one—no one attempted to rob the prisoner, to my knowledge.
Cross-examined. Q. Where do you live now? A. 23, Johnson's Street, Caledonian Square—I have known Watson some time; we were drinking together on this night—as the prisoner was walking backwards he stumbled up against Watson, and Watson pushed him right forwards again—there were ten or twelve persons in the shop—I never spoke to the prisoner—they did not laugh at him, to my knowledge—the constable did not take a pair of scissors from me while I was on the ground with the prisoner—Watson did not offer to fight the prisoner; he did nothing at all—the prisoner stabbed him without any further provocation—I can't say who gave the prisoner into custody—a constable came up.
JOHN MARSHALL . At the time this happened I lived at 6, Canterbury Road, Notting Hill—I am an undertaker—I was in the ice-cream shop, and saw the prisoner come in with a female—he asked for some refreshment; I could not say what—he then had some words with the man at the bar, in his own language—he tried to walk backwards out of the shop, and stumbled against the prosecutor's foot—he pushed the prisoner away—the prisoner said, "Me fight"—Watson said he did not wish to fight, and as he was going out, the prisoner plunged a knife into the top of his head—he ran away—I pursued him up North Street—he made a blow at me—he tried to run back, and came in contact with the horse of a cab, and was knocked down—I kicked him under the ribs—a constable came up and collared me—I said, "He has stabbed a man"—and he went to the prisoner, and found the knife under him—the constable also took a pair of scissors away from him—I helped to take him to the station—I never had the scissors in my possession—Watson did not take off his coat and muffler, he had them on when he was stabbed—the blood on the muffler came from the wound.
Cross-examined. Q. Have you been convicted? A. Yes—I am awaiting my trial now for felony—that is the only time I have been in trouble—never saw Watson till that night—I had been to a concert with him—we I had had five or six pots of porter—I kicked the prisoner twice when he was on the ground—there were eight or nine persons in the shop at the time, not more—the prisoner stabbed the prosecutor without any provocation, except the stumble and the push.
JOHN KELLY . (Policeman G 226). On the morning of 7th March, I saw the prisoner come out of the ice shop—the prosecutor came out afterwards—the prisoner stood at the corner of North Street, about twelve yards from the shop—the prosecutor went up to him and took his coat off, and said, "I will fight you"—twelve or fourteen more men came out of the shop, and someone called out, "Pitch into the b—"—the prisoner ran up North Street—Watson was not bleeding then—he had not been within six yards of the prisoner at that time—they ran up North Street after him, and I ran after them—I met the prisoner coming back—a horse and cab drove up at the time—he ran up against the horse's head, and was knocked down, and in a moment there were five or six round him, kicking him—I went up and saw Marshall with his hand in the prisoners pocket—I said, "What are you doing?—he said, "He has stabbed my pal"—I asked where the man was who had been stabbed, and the prosecutor came up, putting his coat and muffler on again—a female handed him the coat, and
put it on him—I said, "Where are you stabbed?"—he said, "In the head, just now"—I turned the prisoner over, and found this knife, lying under his right breast—I secured him, and told Watson to go to the station—he said be should do no such thing, he should take a cab and go to the hospital, as he did not know the amount of injury that had been done to him—I called a constable, and sent him in the cab to the hospital—I took the scissors out of Marshall's hands—he said, "He has stabbed my pal, and I am looking for the dagger," and he handed me the scissors, they came from the prisoner's pocket.
Cross-examined. Q. He went with you quietly? A. He was rather violent; but I think it was from the parties who assisted me, they were giving him bad usage—I took Davis by the collar, and threw him from me, and told him I should use my staff if he repeated it—he was using his fitter when I had the man—twelve or thirteen men came out of the ice-shop, and said, "Pitch into him"—a gentleman drew my attention to the ice-shop, and told me to keep my eye on the gang that was inside.
MR. WOOD. Q. How far was the prisoner from the shop when he was booked down by the cab? A. About eighty yards—he was coming back from where he had started—the knife was not bloody, there were no marks on it.
JOSHUA FORDER . I was surgeon at the Royal Free Hospital—the prosecutor was brought there between 12 and 1 o'clock, and I examined him—he had a wound about an inch, or an inch and a quarter long, on the head; running from the aide to the middle of the head; it was an incised wound, it was not at all deep—I presume it was inflicted by some sharp instrument such as this knife.
Cross-examined. Q. Was there any danger in the wound itself? A. No. Witness for the Defence.
JOHN GIBLETT . I am a cattle salesman—I have known the prisoner as a sailor on board one of the ships which bring cattle over from France—I have seen him constantly about the markets—this knife and these scissors are used in his occupation—the knife is used for slaying the bullocks on board the boats, and the scissors for marking them—I have never known him mixed up in an affair of this sort before—he has always borne the character of a quiet peaceable man.
NOT GUILTY .
MR. COOPER conducted the Prosecution; and MR. F. H. LEWIS. the Defence
HENRY BRAMMAN . I keep a lodging house at 5, Thames Street, St. George's—on 24th February, about 8 o'clock in the evening, I was in the Red Lion St. George's Street, with two friends—the prisoner came in—he was also a friend of mine—we had a dispute about 6d. in the afternoon—I did not say anything to him at the time—he came in to the Red Lion, and fetched one of my lodgers—he asked me for some money—I said, "Has not the man got any money to pay you"—he said, "I have not asked him"—I said, "You had better go and ask him if you want to get the money"—he came in again and asked for a pint of beer, and began talking to one of my friends, that he was going to get me out of the house, and I was a bad man, and he would he boarding-master himself—I said, "What a fool you must be to speak like that, come out and tell me in private if you have anything to lay
against me"—he said, "I have got something to say about it, I want to know more about it, fool"—I said, "Do you mean fighting"—he said, "Yes, I am the man to fight"—I said, "We had better have a glass of beer, and then have a fight"—and I took him down to another public-house, and treated him with another glass of ale—as soon as I came out he stabbed me in the belly, and I fell on the ground—I did not know I was stabbed at first, I thought it was only a punch—I got up and said, "If you want to fight, fight fair"—he said, "No, I don't want to fight no more"—we went into the public-house, and he asked for some water to wash his face—he said he would not have it, and was going to the police to give me in charge—I went home—I then felt pain—I looked and saw the blood, and fainted away—I sent for a doctor, after, and he discovered another place in the side—it was not a clear cut, it was quite an inch long, I think—a knife was found on me, by the constable—I did not use that knife at all—I never took it out of my pocket.
Cross-examined. Q. Was the prisoner on the ground at all? A. Yes, on the top of me—I shot him over my head—his head was bleeding—I did not See anything in his hand—I was a little drunk, and so was he—he was given into custody about 11.30—he wanted to give me in charge—he was brought to my house by a policeman.
JOSEPH GOTTER . I live at Black wall—on 24th February I saw the prisoner and prosecutor in a public-house—they went to another public-house and had a glass of ale—they began to fight when they got outside, and the prisoner gave Bramman three or four stabs in the belly—Brammin said, "Oh, you b—, fight plain English"—they were both the worse for liquor—Bramman fell down in the street—he got up and they went into, the Red Lion—the prisoner said, "Bramman, I lock you up, you beat me"—I saw no knife, I only saw the blow.
MR. LEWIS. here stated that he could not resist a verdict of GUILTY. of unlawfully wounding, and the Jury found that verdict. Recommended to mercy by the prosecutor.
Three Months' Imprisonment.
MR. MOODY, for the Prosecution, offered no evidence.
NOT GUILTY .
418. WILLIAM JONES (20), EDWARD BRYAN (20), and CHARLES MARSHALL (19) , Buglariously breaking and entering the warehouse of William Nunn, and stealing a safe, a coat, and 2l. 13s. 10d., and other articles, his property, to which
JONES and BRYAN PLEADED GUILTY .
They also PLEADED GUILTY**. to having been before convicted, Jones on 27th October, 1866, and Bryan on 9th November, 1868— Eighteen Months' Imprisonment each.
MR. COOPER. conducted the Prosecution,
WILLIAM AMBRIDGE . (Policeman H 192). At 2.30 on the morning of 28th February, I was in St George's Street, opposite Mr. Nunn's lamp, factory—there is a side gate from the factory into Neptune Street—I saw the warehouse door open—I spoke to another constable, and placed him at the gate—I obtained a ladder and got into Mr. Nunn's yard—I entered the warehouse through the open door; the box of the lock had been forced; and then went through a door on to the leads—the sash and glass of the door was broken to pieces—there were marks of a file on the, side of the door—I
went down to the ground floor—I was called and went down, and found Bryan being held by a constable—I took him to the station, and went again to the house—I took Jones in an adjoining house—he had got over three high walls—I found two half-sovereigns and a knife on him at the station.
EDWARD BELSON . (Policeman H 129). About 3 o'clock on the 24th February, the last witness called me, and I went to the ruins of the Cock and Neptune—he brought a ladder, and we entered the ruins—I found Marshall down in the ruins, lying on some bricks—a wall separated them from Mr. Nunn's premises—he was in the basement—I took him into custody—it was light enough to see his face—I put my light on his face—I am sure he is the man—he got away when I got up the steps—I saw him the next day at the station—the moment I saw him I knew him again—I was sent for to identify him, and he was put with six or seven more—he left a cap behind him when he went away—I have not fitted it.
JIBIMIAH SULLIVAN . (Policeman 58 H). I was with the last witness, and found Marshall in the basement—he broke away—I am quite sore he is the man I saw there—I saw him afterwards with others at the station, and picked him out.
Prisoner. I am not the one.
FREDERICK HUSON . I am cashier to Mr. Nunn—I left the counting house quite safe, and locked the door the night before these men were found—I afterwards found my box and cash box broken open, and 2l. 13s. 10 1/2 d., taken—these coats produced are mine, they were hanging on a peg in the office.
GEORGE FORSTER . (Policeman H 207). On 1st March I was at the Thames Police Court, when Jones and Bryan were under examination—I stood at the back amongst the people, who wore listening to the case—after the case was over I left the Court, and saw Marshall and another man, I got assistance and apprehended them—I said I should take them for being concerned with Bryan and Jones in breaking into Mr. Nunn's warehouse—Marshall said "I shant walk, you will have to get a cab for me"—I said "Yon will walk"—another constable got hold of him, and he went to the station—just as he got to the station he said, "I know the reason you have taken me is because I have got this cap on"—it was a new cap—I have seen the cap that was found—I have not fitted it on him.
Prisoner. I never had a cap like that in my life. (Tht prisoner tried the cap on, but it wet too small). The Witness. I got several men from the street, and the prisoner and the other man were placed amongst them—Belson and the other constable identified the prisoner, but net the other man, and he was let go—I don't know whether the prisoner had heard the evidence about the cap being found.
Marshall Defence. I went up to hear my brother's trial—Jones is my brother—after the trial was over he tried to speak to me—I told him I would get him grub—the policeman waited at the door for me, and took me with my brother who was with me—I said I should like to have a cab, being an innocent man—the men were quite different from me when the constables picked me out—I heard them talking about it—I never was in bad company before—I have some witnesses to call.
MARY ANN MARSHALL . I am the mother of the prisoners Charles Marshall, and Jones—Charles lives with me at 8, Harden Street—he is a smith—he was out of work at this time—I remember Jones being taken into custody—I heard in the course of Sunday that he was taken on
Saturday night—the previous night I saw my son Charles—he came home to tea at 6 in the evening—he went out again, and came back at 12.45—I said "You are late," and he said, "I have not been far away"—he slept with his brother Harry in the adjoining room to me.
Cross-examined. Q. Do you know this capt? A. No, it does not belong to anyone belonging to me—the cap my son wore was a cloth cap—he has had it five or six weeks.
HARRY MARSHALL . I am son of the last witness—I remember on the Sunday hearing of my other brother being taken into custody—the night before that I was at home with my mother—and I slept with my brother Charles—I went to bed about 12.30, and directly after that he came, and knocked at the door—I woke in the morning, about 9 o'clock, and he was in bed with me then.
MARSHALL— NOT GUILTY .
MR. DALY. conducted the Prosecution; and MR. RABTON. the Defence.
EDWIN GRIFFITHS . I am a traveller, and live at Bethnal Green—about 12.45, on Tuesday, the 5th March, I was in the Mile End Road—I met three young men by Cleveland Street—the prisoner was one of them—they turned round when they passed, and followed me—when I got to Cleyelind Street I was pushed back—I turned round, and received a blow over my right eye—I then received another blow on my nose—the prisoner Was one of the three men—I received a blow in the mouth, which cut my upper lip—I had 10s. 9d. in my righthand pocket—I missed that afterwards—the prisoner was right in front of me—I can't say that he struck me—I was stunned for a moment or two, and they ran away—I cried "Police!"—the prisoner was brought back to the Mile End Road, and I recognized him—he was the one that took the money—I saw him distinctly—there was a lamp close by—when I saw him at the station he was wearing my hat.
Cross-examined. Q. Were you sober? A. Yes—I had just come from my brother-in-law's, at Stepney—I knew what I was about—a hat was picked up and given to me, and I carried it to the station—I did not put it on, it was not mine—the prisoner was wearing mine.
JOHN SUFFOLK . (Policeman K R 28). I was on duty in the Mile End Road, on 5th March, about 12.45—I heard a cry, and saw the prisoner—I stopped him—I saw him drop some money from his hand, and heard it drop—I took him to the station, and saw the prosecutor there—the prisoner had the prosecutor's hat on at the station—the prisoner said it was not his own hat—I went back to the place afterwards, where I took the prisoner, and I found a half-crown and a penny.
Cross-examined. Q. Where was the other hat? A. The prosecutor was carrying it—I heard some money drop, and I picked up the half-crown and penny ten minutes after—there were thirty or forty people round the place.
WILLIAM GURNEY . (Policeman K 346), I was on duty at Mile End Section House, at 12.45, on 6th March—I saw the prisoner and two others knock the prosecutor down—I ran across the road, and they ran away—I ran after the prisoner, and another constable stopped him—I saw a half-crown picked up by the last witness—the prisoner said, "You have made A mistake this time, me and my pals were having a game."
Cross-examined. Q. The first you saw was the prisoner knock him down? A. Yes—I can't say whether the prosecutor had been knocked down before—he told me he was having a lark.
He also PLEADED GUILTY**. to having been before convicted, on 10th December, 1866.— Seven Years' Penal Servitude.
MR. DALY. conducted the Prosecution.
JESSE WELLS . (Policeman B 225). About 1 o'clock on Sunday, 28th February, I was on duty near Ebury Square—I saw the prisoner there, Standing at the corner of Racquet's Buildings—he afterwards passed on towards Elizabeth Street—I saw him again about 2.45—I was then standing at the corner of Ebury Square—he came and looked at me, and went black—I heard a noise of broken glass—I went up to where the smash came from, and I saw the prisoner come out of Racquet's Buildings—he went half-way down Flask Lane, which runs out of Ebury Square—he stood there some few minutes, and then went back—he went back to the window of 8, Flask Lane—he appeared to be fiddling something about, and I heard something drop—it appeared to be a loaf of bread—I saw him putting something under his coat—I was standing round a corner—I went up to him, and he was then buttoning his coat up—he saw me coming, and let his coat loose, and something dropped from it—he ran away, and I followed him—he bolted through an empty house, No. 1, Flask Lane, and escaped—I am sure the prisoner is the man—I afterwards went back to the place, and found 17lbs. of bacon, and some loaves of bread.
Prisoner. Did you see me smash the glass? Witness. No—I saw you pull the bacon out—I can't say whether there was any bar to the window—you bolted through a house, and looked me out—it was 1, Flask Lane—I knocked, and someone came to open the door, and I passed through—I did not say anything to him as I passed in.
CATHERINE DOGHIRTY . I am the wife of Patrick Dogherty, and live at 8, Flask Lane—I keep a chandler's shop—on the night of 27th July I went to bed, and fastened the house and shop up—about 3 or 3.30 I was awoke by the police—I went down and found my place had been broken into, and there was a quantity of bacon and bread outside the window—this is part of it—it was quite safe in the shop the night before—it was on a shelf just underneath the window.
Prisoner's Defence. On the Saturday night I was in Racquet's Buildings with two chaps; a gentleman came up and knocked me about, and I gave him in charge, and went to the station-house. The inspector told me to come on Monday. I went down and they brought in a lot of chaps, and they charged me with breaking the window and stealing some loaves. If I was guilty, do you think I should be down at the Court to prosecute the man.
EDWARD LYNCHER , I opened the door of 1, Flask Lane to the constable—he went down and searched the place—I had shut the door about 1 o'clock in the morning—it was about 3.30 when the police came—it is a lodging-house—the prisoner lives in the house—the policeman could not find him.
COURT. to JESSE WELLS. Q. What light was there on this night? A. It was moonlight—I have known him by sight for about eighteen months—I was about ten yards from him when he took the bacon out of the window.
GUILTY**.— Eighteen Months' Imprisonment.
421. PERCY PALMER (22), and FREDERICK JOHNSON (23) , Stealing twenty-three pieces of waterproofing, one jacket, thirty-six pieces of cloth, and other goods, the property of Samuel White and others. Second Count—of Robert Palmer, the master of Percy Palmer. Third Count—Receiving.
PALMER PLEADED GUILTY .
MR. GRAIN. conducted the Prosecution; and MR. BESLEY. the Defence
GEORGE BOOTH . I am at present out of business—I know the prisoner—I have known Johnson about two years, and intimately during the last two months—I have known Palmer some years—I was in the service of Messrs. Spreckley & White with him—about Christmas last I was at Johnson's house, at 20; Bridport Place—I saw Palmer there—between then and the 8th February I saw Palmer again—I saw him bring pieces of cloth to Johnson's house—they were measured off by Johnson and left there—on one occasion I saw money pass between them—on one occasion Johnson told me that the cloth that he bought from Palmer were cuttings—at another time he said he was buying cloth at a very low rate indeed, and if I waited there that evening I should see some brought in—I did not wait—he told me I was not to make any mention of what I saw there to anyone, not even to Palmer—I again saw Johnson on 23rd February—he called on me and said he had removed to 13, Myddleton Road—he asked me to go that evening and take him some shoes, and I was not to let anyone know where he had removed to—I afterwards communicated with Mean Spreckley & White.
Cross-examined. Q. You were on friendly terms with Johnson, were you not? A. Yes—I have not quarrelled with him up to this time—I was at his house two or three times a-week—I was in the service of a Mr. Somerville until October, 1867—I made arrangements to go into business previous to leaving his employment—he did not discharge me at a moment's notice—I left in one day—I had a few words with him and left—after I left I compounded with my creditors and afterwards became a bankrupt—I went into Whitecross 'Street on 8th February, and left on 19th February, this year—it was before I went to prison that the cloth was brought by Palmer, and it was said they were cuttings—pieces of cloth were brought on three or four occasions—they would average three or four yards each in length—I did not see anything brought there after I came out of prison till I went to Messrs. Spreckley's—all I saw occurred before I went to prison—I went to Mr. Spreckley on 27th February—no one was present but the prisoner and myself on these occasions when Palmer brought the cloth—I never told Johnson I had my suspicious about what was going on—I did not ask him at any time for direct information—on the 20th February, after I came out of prison, I went to Bridport Place and found Johnson had left there—I was thinking of giving information at that time—I remained on good terms with him all the time—it was on the 23rd he told me not to let anyone know where he had removed to—he had told me there was an action threatened against him—I supposed he wished me to think it was in reference to the action.
WILLIAM GREEN . (City Detective, 249). From instructions I received, I watched the prisoner Palmer—on 3rd March, about 8.30 at night, I saw him leave 30, Little Trinity Lane, Cannon Street, bin father's place of business, carrying a box—I followed him to 22, Shepperton Street, New North Road, where he lived—he was there about half-an-hour, and then came out with a woman—he was carrying a paste-board box—he went to 15, Myddleton Road, the house of Johnson—he went in and left the woman outside—he was there about fifteen minutes, and came out without the box—he joined the woman and went home—on 5th March I saw him go into Messrs. Spreckley & White's, 13 to 15, Cannon Street—he came out carrying three pieces of cloth and a box; he took it to 30, Trinity Lane—on the 8th, about 8.30, I saw Palmer leave his father's house, carrying a parcel—he met the same woman he had been with on the previous occasion, and I followed them to 22, Shepperton Street—he was there about fifteen minutes and came out with the parcel—he then went to Johnson's house, stayed there some time, came out without the parcel, and went home—on 10th March, he did the same—on the 11th be left his father's house and went to Johnson's—on both those occasions he took parcels and came out without them—on the 16th he left about 8 o'clock with a parcel, went to Johnson's house, and came out without it—on the 17th he left his father's house, about 8 o'clock, with two parcels, and went to Johnson's house, accompanied by the woman—he knocked at the door and no one answered, and he and the woman went to a public-house at the corner—they remained there about twenty minutes—he came out with the parcels, knocked at Johnson's door, got no answer, and went home, carrying the two parcels with him—on the 18th he left about 8.30, carrying a square box—I followed him to his home—he came out with the woman and the box, and went to Johnson's house—left the woman outside—he was in about half-an-hour, came out without the box, joined the woman, and went away—I then, with another officer, knocked at Johnson's door—he opened it—I told him that we were officers, and asked him if he had purchased any cloth of a man named Palmer; he said, "Yes"—I said, "When was the last transaction?"—he said "To-night "I "said, "What have you bought?"—he said, "This," giving me the square box (produced), containing several pieces of cloth and velvet—I said, "How much did you give Palmer for these?"—he said "Six shillings"—I said, "Have you purchased any light goods of him lately?"—he said, "Yes; here they are;" and he gave me a number of remnants of light cloth—I then said, "I have reason to believe that these cloths are stolen from Mr. Spreckley and you must consider yourself in custody, and I am going to search the house"—I searched the house, and found a quantity of water-proofing, cloth, black cloth, velveteen, and mantle trimmings, which I produce—I said, "Have you purchased any trimmings of Mr. Palmer lately?"—he said "No"—I then sent him to Bow Lane Station, and I went to 22, Shepperton Street, New North Road, where I saw Palmer—I asked Johnson if he had any books or invoices relating to the transactions; he said, "No," and he handed me a file of bills, which I took possession of—I do not find any relating to Palmer.
Cross-examined. Q. The principal number of invoices refer to purchases in the neighbourhood of Bridport Place, do they not? A. They do—there is a receipt there showing the time he went into the house at 13, Myddleton Street—the shop was opened as a mantle shop, and things were exposed for sale in the window—he said some of the cloth came from Mr. Coats—he
said he had been a fellow-servant with young Palmer, and that he represented he was his father's partner—the woman he was walking about with is his wife—the father lives at 10, Russell Road, Seven Sisters Road—I found a bill with that address upon it.
ROBERT PALMER . I am a mantle maker, at 30 and 31, Little Trinity Lane—I reside at 10, Russell Road—I am the father of the prisoner Palmer—he has been working for me lately—I work for Beloe and Spreckley—I have dune work on my own account as well—I make mantles for Messrs. Spreckley—they give me the goods by the piece, and I have to cut so many—I make up the articles, and what is left we have to return—there would be a lot of pieces I should consider belonged to me at the end of the year—I make large and small mantles—I should not like to swear to any of these things—some of them I know I let my son have—they are similar to the remnants I receive from Messrs. Spreckley—I did not give my son authority to make them up, or give them away—I find a jacket in this box ready for sewing—they are similar to the goods I received from Messrs. Spreckley—I did not give my eon authority to take away any of those.
Cross-examined. Q. Are some of those out from remnants? A. I can't tell you that—they give me a piece of so many yards, and they look to me to return all that is over—I make up about 400 mantles a week—I was with Messrs. Spreckley eleven years, and I am now doing work out of the house—I have bought precisely the same materials as these of Messrs. Spreckley—I sold Johnson some goods on one occasion—some pieces of velvet and cloth—I can't say whether my eon was present—these trimmings my son had my authority to sell—I have made up similar things as these on my own account.
JOHN COATTS .—I am a mantle manufacturer, and commission merchant, at 30, Noble Street—I have known Johnson about eight years—I knew him in Messrs. Spreckley's employment—I saw him in January, 1868, and he said he could do well if he had a little more capital, and I said I would advance him some money—I advanced him sums from time to time, and I supplied him with goods, portions of the goods were afterwards returned to me by Johnson, about July last year, since then I have only supplied him once with a small portion of tweed—I can't recognize that amongst the goods that have been shown to me—I do recognize some moirés—only a small quantity—I think I sold them to him in May, 1868.
Cross-examined. Q. You can't identify tweed, can you? A. No—I should not like to swear to it—I won't swear it is not there—during the time I have known him he has always borne a good character—I should think the value of the goods that I see here would be 2l. or 3l., as a whole—if they were measured up by the yard they would be worth about 8l. or 10l.
---- TUCKER. (Cross-examined by MR. BESLEY.). I knew of Johnson living at 20, Bridport Place—I was living at 48—I knew of his removal from there to his new place—he gave my wife an order for sending goods there from Bridport Place.
SAMUEL WHITE . I am a partner in the firm of Spreckley, White & Lewis, 13 and 15, Cannon Street, mantle manufacturers—Palmer and Johnson were formerly in our service—Johnson left on 31st December, 1866—Robert Palmer works for us principally, in making mantles—we give him cloth out to make as many jackets as it will cut up—I superintend giving out the whole of the goods, and I know how it is done—Palmer bring a pattern of the jacket, and he says it will take so much to make it—I give
him the piece of cloth to make it up, and if the cloth makes into more jackets, he should bring us the over plus—I have seen the goods in Green's possession—there are two or three complete jackets here which should have been returned to us, and I can produce a portion of the cloth they were cut from—we have not sold these cloths to Mr. Palmer or anyone else—I never sold any goods to Johnson—I cut a pattern of this cloth at the time it went out, and they are special goods for our warehouse.
Cross-examined. Q. Are all these things made for you? A. No—I have no doubt that a great portion of these are our goods, but it is impossible to say—I can say Palmer did not buy them of us—the elder Palmer is a man greatly respected by us—he has lived with us ten or eleven years—I know he has been doing business on his own amount, but my impression is to a wonderfully small amount—I may say the whole of his work comes from our house.
MR. GRAIN. Q. What is the value of these goods? A. It would be difficult to say—the cost would be 8l. or 10l—there are three or four jackets here similar to ours—I can't swear that they are ours.
PEROY PALMER . (the Prisoner). I was living at 23, Shepperton Street, Horton, and was formerly employed by Messrs. Spreckley & White—I left them about twelve months ago, and since then I have been with my father—I knew Johnson at Messrs. Spreckley's—I owed him some money, and I took him some cloth to pay him back—he told me that he could buy anything that I had cheap—I should think I have taken things to him fourteen or fifteen times, some the beginning of February—I took some of this black cloth; I can't swear to it all—I cut this jacket out of small remnants myself—I also took him some of' the remnants and this braid, and I may have taken him some of this braid, but I can't say.
Cross-examined Q. Did you tell Johnson you were your father's partner? A. Yes—he understood that I was—I was present on one occasion when my father sold him some black cloth, and I cut some of these out myself from remnants—I did not say all of them—I did not tell him I got them improperly—I said I was my father's partner—I don't remember saying that to anyone else.
JOHNSON NOT GUILTY .
PALMER was recommended to mercy by the prosecutors.— Nine Months' Imprisonment.
OLD COURT.—Thursday, April 8th, 1869.
Before Mr. Justice Hannen.
422. JAMES EDWARD SHARMAN (41) PLEADED GUILTY . to unlawfully endeavouring, by false pretences, to obtain from James Thomas Love day and others the sum of 293l. 4s. 7d., with intent to defraud; also to conspiring, with Richard Spraggs, to defraud the Phcenix Insurance Company.
Sharman—it was a four—roomed house, but there were two rooms underground, a wash-house, and a kitchen—the wash-house was used by the lodgers, and the kitchen was kept by Sharman, who, with his wife and son, occupied one of the rooms above—I remember Sharman removing his furniture, about a fortnight before Christmas—I do not know what he had in the kitchen.
Cross-examined by MR. GRIFFITHS. Q. Did you confine yourself almost entirely to your own room? A. Yes—the kitchen was sometimes locked and sometimes open—if there were furniture inside I must have seen it—I did not see the furniture removed.
ELISABETH COOPER . I am the daughter of the last witness—I never observed in the kitchen any look tables, bedsteads, sofas, or chiffoniers, but I saw jam pots and paint brushes, and a bench, and some lime stuff, I think there was no household furniture of any description, or pictures, or looking-glasses in gilt frames.
AMMLIA PATNE . I lived at 35, Windsor Street in 1867, and rented a room of Sharman—I heard him move his things away shortly before Christmas—when I went into his room I saw a turn-up bedstead, a table, and some chairs, but no sofas, look tables, chiffoniers, looking-glasses, or anything of that sort—I cannot say that ever I saw a bit of mahogany in Sharman's house.
ELIZABETH HAWKES . I reside at 6, Lefebvre Road, Old Ford—I have the letting of the house next door, which is the property of Mr. Wood—shortly before Christmas, 1867, the prisoner and Sharman came and asked to see No. 7, which was to let—the rent was 9s. a-week—Spraggs said that he was the landlord of the Royal Victor public-house in the Old Ford Road, that he was building a large row of houses, and that Sharman was working for him as a carpenter—he asked Sharman if the house would suit him, and Sharman replied in the affirmative—I told them that Mr. Wood would require a reference, and they went away—a few days afterwards they returned and took the house, and Sharman moved in early one morning—I saw that he had a one-horse van at the door—I could not see what kind of furniture it was, but there was some wood piled up at the bottom of the van, which I afterwards saw in the back yard—I saw half-a-dozen chairs, a chest of drawers, a small bed, a kitchen-table, a few pots and kettles, and odds and ends—there were no chiffoniers, sofas, loo tables, looking-glasses in gilt frames, oil paintings, musical instruments, or anything of that kind—after the fire I saw the same things in the house—about a fortnight before the fire I saw Sharman chopping up the wood, which he took inside—the day previously white blinds were put up to the windows—I saw Spraggs go in at dinner-time—about 2 or 3 o'clock in the morning of 1st February, I smelt fire and awoke my husband, who saw that Sharman's back-room was in flames—an alarm was given, and I took my little girl and left my house—I saw Sharman opposite when the fire was nearly out—he was dressed, and did not seem to be alarmed—I saw his wife afterwards—the firemen were fetched, and the flames subdued.
Cross-examined. Q. Is Mr. Scudder the landlord of the Royal Victor? A. I believe so—I know now that he is building a row of houses—Spragge did not say to me that he had recommended Sharman to Mr. Scudder to work for him as a carpenter—Sharman resided in the house seven weeks before the fire took place—he went out with a work-basket, as if going to work—that is all I know.
the house, 7, Lefevre Road—I received two letters, and adopted Sharman as the tenant.
WILLIAM SCUDDER . I am the landlord of the Royal Victor, Old Ford Road—Spragge has never been the landlord of it—he has supplied me with twelve chimney-Pieces for the houses I am building—he in, fronded Sharman to me, and I employed him as a carpenter.
JAMES THOMAS LOVEDAY . I am one of the surveyors of the Phonies Fire Insurance Company—in 1867 Sharman was insured for 300l.—250l. on his furniture, and 50l. on his stock-in-trade and utensils—on 6th January, 1868, the policy was endorsed in the ordinary form, making it effective for his property at 7, Lefevre Road—on 6th February a claim was made by him in reference to a fire, and he saw me at my office on the 12th—Spraggs afterwards came with him—Sharman said he had brought him that he might speak to me about the claim being correct—Spraggs said he had known Sharman twenty years, and had had opportunities of seeing his furniture and stock; that his property was kept on the first floor, and there was a room for stowage on the basement, which he kept looked: that he had several good prints in frames, mahogany chairs and south's, Chiffoniers, Leo tables, and other things, in fact his house was well furnished for a working-man, and that he (Spraggs) knew nothing of the fire until 3 o'clock in the morning, when Mrs. Sharman knocked him up—I read over some of the items in the claim and asked him if it was correct, and he said it was thoroughly true—I had told him that I was not satisfied with Sharman's statement—the trial at the Guildhall, when Sharman sued the company on the claim, lasted two days; the result being a verdict for the defendants—the claim has never been satisfied—in consequence of something which was told me I gave instructions as to the salvage debris of the fire, and I directed it to be sifted, and everything that was found to be carefully noted and preserved—amongst other things were found thirty-six common beff-screws, four head screws, and a number of iron casters, some small hinges and locks, tools, clock-weights, &c.—the metal produced could not have been reduced to its present condition by passing through such a fire as that at Sharman's—the casters do not look as if they had been screwed on furniture—they did not correspond with any articles of furniture mentioned in the claim—in my judgment they have been in a fire somewhere else, one other fire at least—there was nothing to indicate that anything like 120 work-boxes had been destroyed in the fire—there were no screws, or looks or hinges, to answer to such a number as that—if feather beds are burnt we usually find something in the debris—it is difficult to destroy feathers; they clog together in lumps, and get crushed down by things falling upon them, and by the water; at all events, they get together by some chemical powers which I cannot explain—if there had been any carpets we should have expected to find therein some portions of them left—in respect to books we generally find the covers, or the books themselves with only the edges burnt—we did not; find amongst the debris, metals corresponding to anything like the articles mentioned in the claim.
Cross-examined. Q. With respect to the writing in the book of things claimed Which you say isspraggs', did not he always say that it was written at Sharman's dictation? A. He did not tell me he had written it at all—I do not recollect
his saying at the trial that everything was written from what Sharman told him—I did not hear him say at any time that Sharman could not write—I think Sharman said that the claim was made out by his brother—Spraggs said, that to the beet of his belief the claim was all right—to certain things he spoke positively—he spoke to several pictures, six mahogany chairs, sofas, a chiffonier, a carpet, and other things—I asked him particularly about the carpet for which 15l. was claimed, and he said he had seen it at the house in Windsor Street—he said that he spent several hours with Sharman at his house after Christmas, and saw that his parlour was well furnished for a working man—the ceiling of the room was destroyed, and the fire was not strong enough to make the casters in the condition I have described—it was a comparatively small fire.
JAMES EDWARD SHARMAN . (The Prisoner). Previous to December, 1867, I resided at 35, Old Windsor Street, Islington—I was acquainted with Spriggs—I am a carpenter, and Spraggs is a maker of marble-chimney-pieces—I have known him nine or ten years—the rent of my house in Windsor Street, was 25l. per annum—I occupied but a portion of it—one room, in fact, and 1st the rest to lodgers, unfurnished—I removed to Lefevre Road about the middle of December, 1867—in May of that year I effected a policy in the Phenix Insurance Company for 300l.—I had never been insured before: Spraggs asked me to insure—he wanted to insure me—I had a property case on hand, and could not get the money to go to law, and he said insuring would be the way to get it—he said he would insure me, and carry out the law suit—I sanctioned it about three weeks afterwards—he said that my house was to be burnt, that I was to remove from Windsor Street to another house, so as not to have the fire in the one for which I had insured—he said that the Phoenix was a good office to go to—he afterwards told me that he had booked my name, that it was all right, and that I was to go and pay the money—I know his brother-in-law, a man named White, and when he spoke of effecting his insurance in the Phoenix he said that White had had a fire, that he arranged it, and that he (Spraggs) had given White's wife 100l. out of the money, to get her a home—I do not exactly know when that fire occurred—Spraggs said that I should have 50l. out of the 300l. to buy another home, and the rest was to be expended in carrying out the law suit for me—when he made the proposal to me I told him that I did not like to do it, and asked how I was to manage it so that my wife would not know—he said "Move from Windsor Street to another house"—he gave me 30s. to pay for the policy, and I returned him the change—he seemed surprised that it did not cost more—he told me what amount to insure for—I had nothing like the household furniture and stock-in-trade that was claimed for—there were two bedsteads, a chest of drawers, one or two oil paintings, two or three pictures, and it was nearly all in one room—I went with Spraggs early in December to look after a house—he said he had spoken to Mr. Scudder, of Old Ford, about a job for me, and he told me to take a house, and remove over there—we went together to the Lefevre Road, and took the job of Mr. Scudder, and I worked there for about a fortnight when Spraggs came to me, and we sought a house—we took No. 7, and Spraggs wrote to the landlord—I can neither read nor write—I removed from Windsor Place early one morning, in a one-horse van—I took five or six pieces of wood, some doors and other things with me—myself, wife, and son-in-law, occupied the house—I continued as the landlord of the house in Windsor Street—the fire occurred on the 20th February—I cut the wood
into pieces, and took it into the house—I had no more property in Lefevre Road than what I had in Windsor Street—I saw Spragge nearly every day before the fire—we went to a sale in Brick Lane, about three weeks previously, and Spragge bought some bedsteads, and all kinds of things, a stove or two, and a bath, they came to about 30s. altogether, and Spraggs gave me the money to pay for them—the next week we bought a lot more, a foot-bath, an old fiddle, and other things, amounting to about 12s—then they were taken to Spraggs' house, and afterwards removed to mine—the day before the fire Spraggs came and helped me to put my things into the room over the kitchen, so that they might not be destroyed—he said it would show there had been good things in the fire—Spragge brought some of the metal produced, the casters and bed-screws, to me, about the week before the fire—he said they could not tell at the office, and he could charge well for those sort of things; they would not know, when they were found after the fire, but that they had belonged to my furniture—they seemed to be in nearly the same condition then as now—he said they came out of Tom White's fire, and that he had a whole lot of them, a man named Parrymore made a fuss about the fire, and most of them were sold—Spraggs placed these things in my house the night before the fire—my wife and lodger were at his house then, and Spraggs and I got everything ready, and when it was all right we went to his house and had supper—it was late, because the public-houses were closed—after supper I and my wife and lodger went home—the furniture which was not to be burnt, was placed in the lodger's room over the kitchen—the wood I had chopped up was taken into the back room—Spraggs said that we were to go to bed as usual, because if the fire did not burn well, and the firemen came in, they could tell whether the bed was warm—he brought something in a paper parcel when he came the night before, and he said it would burn a church down—he told me about this after the fire—he said that by lighting a candle, and standing it in the stuff it would burn down, and when it did so, the stuff would ditch, and then the fire would commence—the parcel was placed against the chopped-up pieces of wood—my wife and I went to bed about 1 o'clock—we undressed ourselves about 1.45—we smelt the fire, and I pulled my wife out of bed, and we went into the yard—I only had my frowners on—we did not make an alarm until the fire was well ablaze—Spraggs told us not to do so—I had the policy in my pocket—Spraggs said that he would manage the money—he gave me a book, sealed up, and said he had made a claim for 293l., and by his directions I posted it—he did not read over the articles for which he claimed—I asked him if he thought they would pay it, and he replied that they must—after the letter was received from Mr. Loveday, he told me that I should be questioned about my goods—he told me to say that they were purchased at a sale at Cambridge Heath—Mr. Loveday asked me if I could bring anybody to speak about my goods, and Spraggs went with me for the purpose—when he found that the company would not pay, he wrote a letter to Mr. Wood, solicitor, and the result was that we brought an action against the Phoenix Company—I never paid Mr. Wood a shilling.
Cross-examined Q. Have you not promised to pay Mr. Wood for the work that he did? A. No—I never had any means of paying him—I have never promised to pay—when the schedule was made out, of the list of the articles that were burnt, I did not make a solemn declaration that it was true—I signed two papers before a commissioner, and swore upon oath
that the goods were upon the premises the night before the fire, and that the sum claimed was a fair and reasonable one—I made my mark to some paper like the one produced—I remember swearing at the Guildhall that it was true—I knew it was untrue, and that I had committed perjury.
COURT. Q. Did your son-in-law go home with you from Spraggs', and retire to rest? A. Yes—he did not know anything of what Spraggs and I had done—he is dead now.
JOHN SQUIRE . (Policeman K 447). On the morning of February 1st, about 3 o'clock, I was on duty in the Lefevre Road, and smelt fire—I searched about, and found that it came from the back of No. 7—I forced an entrance through a window, and felt about the kitchen—there was something like a chest of drawers, but very little else—the fire was in the back parlour and in the room up stairs—I fetched a fire-escape.
THOMAS BEER . I am a fireman—I took a ladder to No. 7—I saw no furniture in the front room—I saw that the fire in the back room, on the ground, was in different places—in the centre there was a mass of fire, and another fire was at the foot of the stairs—they appeared to be independent, fires—I walked between them.
CHRISTOPHER LARRTMORS . I am a marble mason, of College Street, Homerton—I have known Spraggs many years, and have worked for him—I have occasionally met Sharman there—previously to May, 1867, Spraggs told me that he had insured Sharman in the Phoenix Fire Office, and that Sharman owed him a sum of money—he said that Sharman was going to work for Mr. Scudder, at Old Ford—he had told me long before this about Tom White's fire—after Sharman's fire, he said that it had come off, and that he was in a fair way of getting the money that Sharman owed him, and he would take particular notice that he had it—I asked him where the fire was—he said a long way off—I saw the casters and bed-screws produced, before Sharman's fire—I saw them at Spraggs' house, in Old Ford Street—he used to be in the habit of showing them to me, and speaking of the various fires he had had, and the success which had attended them—he used to keep these in a cupboard, in his bed-room; he said they had been through three fires, the last one being Tom White's, at Hackney Wick—before that Tom White was very badly off, and when I saw him the next time, was astonished to see how well he was dressed—Spraggs said that I was an old fool for not doing the same as Tom White did—I replied that perhaps I would—after Sharman's fire, I communicated with the fire-brigads men who were in charge of the premises, and then I saw the casters and things produced—when I next saw Spragge and Sharman, Spraggs called me bad names, and threatened to knock my head off for giving information; he called me an old villain and a scoundrel, and I told him I had done nothing more than my duty—Sharman said it was a pity there should be so much squabbling about it—I said if I saw a policeman I would give them both into custody.
Cross-examined. Q. Do I understand you to say that you saw those particular casters at Spraggs' house? A. To the best of my belief I did—I have seen them many times, more than a dozen altogether—Spraggs used to talk of the superior quality of the stuff, it having gone through so many fires—I heard of Spraggs having lost some trusses—he did not charge me with stealing them—he discharged me from want of work—I have been convicted of felony—I never charged a man named Newman, in the employ of Mr. Brines, marble merchant, with having robbed his master—he was in
the habit of selling stone under price, and putting the money in his own pock—I told Stanley, the foreman, of it—it is twelve or fourteen years ago—I remember when Spraggs lost his wife, it was twelve months ago, last October—I did not take some black-dged cards to him afterwards, and ask him to buy them—my eon worked for a fancy card maker, named Miller—he was not discharged, but left—it was before tire Spraggs died, and in consequence of what Spragge said about some cards—when Spraggs threatened to knock me down, I told him to ask the policeman to take them in custody for the fire, and he said "I think I had better give you in custody for attempting to extort money"—I said, "Why do you not do no then, I wish you would."
MR. SERJRANT SLEIGH . Q. After the officers refused to take these men in custody, did you proceed to the station and make a communication to the inspector on duty? A. Yes—prior to the fire, Spraggs had bought some cards of a warehouseman where my son is employed, and when the fire took place, and he found I had given information, he and Sharman went to my son's employer and asked for the warehouseman, and took him to a public-house, but I was not there—there is not the slightest truth in the suggestion that I had been engaged in anything dishonest about the cards—my eon has always been an honest, well-conducted lad, and has got as good a chkracter as anyone in the world—this matter about Newman's business was twelve or thirteen years ago, I should think—it is nearly forty years since I was convicted—I had one month's imprisonment, it was in reference to some harness—there is no truth in any other charge—I was constantly working for the person who gave me this bad character—as to the charge of dealing with things belonging to Spraggs, he charged his own nephew with it, but he never charged me.
JOHN PEREY . I live at 3, Bloomfield Street, London Wall, and have tarried on the business of a cabinet maker from thirty-three to thirty-six years—I have been for fifty years assessor of losses to the Royal Exchange—the state of casters after a fire depends upon the heat, but in a fire of this description I should say that the casters ought to have had part of the wood about them—I have examined these casters carefully, they are particularly old, they might apply to bedsteads, but it is doubtful, they are at least thirty years old—they might come off old tables or sofas.
JOHN ALLEN . I live at Hackney, and am in the employ of Mr. Dabbs, a builder—I remember a fire taking place at Mr. White's house, in April, 1865, about 3 o'clock in the morning, and while it was raging I saw the prisoner Spraggs outside the house, and Mr. White also.
WILLIAM BYE . I live at 10, Park Street, Southwark Bridge Road, and am one of the salvage corps—I took charge of the premises at Hackney Wick immediately after the fire—I searched the ruins, and remember the metal things that were found—I identify these screws and things (produced)—they had no wood in them when they were found.
Cross-examined. Q. Do I understand you to say that these are the same casters found in 1865? A. They are very much like them, and I should say they are the same—I have not seen them since till three weeks ago.
JOHN LAMBERT . I am now fireman at the East and West India Docks—in 1865 I was attached to the Fire Brigade, end had to turn over the ruins of the fire at White's, with Bye—my attention was directed to some of the metal things found there, on account of the clearness of them, there was no crude wood or ashes in them, and there was an absence of screws—I
believe these screws are the same, they are like what I saw three weeks ago.
Cross-examined. Q. They are like the same, because they have not got screws or wood in them? A. They are like the same that passed through my hands at Park Road, Old Ford; but I will not swear it—the debris was left on the ruins.
Witnesses for the Defence.
MARGARET SPRAGOS . I am the prisoner's sister-in-law, and was in the habit of staying at his house; I did so up to 1867 and in 1867, merely on visits—the bed I laid on was brought out of a cupboard in Spraggs' bed-room, and put on a sofa, in the front room, when I have slept there—I was there when his late wife brought it out of the cupboard—there were so casters in that cupboard, nothing of the kind that I saw, if they had been there I should have been sure to have seen them—I have frequently looked into that cupboard, but never saw any casters there—there was no cupboard in his bed-room.
Cross-examined by MR. SERJEANT SLEIGH. Q. Are there any cupboards in any of the rooms up stairs? A. That was the only room that was up strairs, except the first room—I only visited there a day or two and a night or two at a time—there were some weeks between my visits, and sometimes month—I knew him in 1863, when he lived at 40, Hollingsworth Street, Holloway, I heard a long time afterwards of his having a fire there; we were not on visiting terms at the time—I heard afterwards, that he was insured in some office; but what office I cannot say—I did not know much of him, when be lived at 40, Monk House Lane, in 1863 and 1864—I heard of his having another fire there, I do not know anything about it, or that he had the good fortune also to be insured again—I have seen Tom White, his brother-in-law, a few times—he and Mr. Spraggs were related as brothers-in-law, but not on my side—I never was at White's.
MR. GRIFFITHS. Q. Is he his brother-in-law? A. His wife's brother-in-law—I understood that the Insurance Company paid him.
MART ANN KILOOTNE . I am the wife of Antony Kilcoyne, of 7, Clarendon Square, and am the prisoner's niece—I have been in the habit of going to stop with him—I have had an opportunity of going to the cupboards is every room, but never saw any casters or screws, in any of them—I was there four months in 1865.
Cross-examined by MR. SERJEANT SLEIGH. Q. Were you residing there a considerable time? A. From October, 1865, to January, 1866—before that I was in service, and left my situation, as my aunt was not very well, and my uncle asked me to go and stay there—I was in service three years—I never saw a gun in Spraggs' bed-room—I looked in the cupboard because I had to clean it out, I had the cleaning of all the rooms and cupboards—I do not know that he had a gun.
SPRAGGS received a good character.
GUILTY .— Seven Years' Penal Servitude.
SHARMAN was recommended to mercy by the Prosecutors—Two years' Imprisonment.
NEW COURT.—Thursday, April 8th, 1869.
Before Mr. Justice Brett.
MESSRS. MONTAGU WILLIAMS. and STRAIGHT. concluded the Precession.
MARCUS GODDARD . I am clerk to Mears. Davidson, the solicitors for the prosecution—I produce a copy of the London Gasettle, of 2nd February, 1867, containing the adjudication of bankruptcy against Joseph Bunnell, and an office copy of all the other documents and proceedings in the bank-ruptcy—it was on the petition of a Mr. Williams—the date of the adjudication was January 23rd, and the petition was the 19th—the petitioning creditors are Hitchcock, Williams & Co., whose debt is 138l: 6s. 6d.
EDMUND FUNNELL , (City Detective Sergeant). On 3rd March I was at Manchester, and apprehended the prisoner on a warrant—when I had read it to him I asked him if he was the person named in it—he said "Yes," and that the charge was all fudge; there were only two creditors in London, one was Hitchcock's and the other Copestake's, and he owed them about 115l. each—I saw certain silk goods in charge of the police at Manchester, and asked the prisoner about them—he said that they came from Hitchcock's—I found these seven pieces of silk in his portmanteau, and three pawnbroker's duplicates for silk, two parcels pledged at Manchester, in the name of John Thompson, 9th February, 1869, and February 30th, and one at Gamble's, Tottenham Court Road, in the name of Joseph Thompson, 4th January, 1869—four large cases of hosiery were brought from his lodgings at Manchester, and forwarded to me in London, and taken to Bow Lane Station, where they were opened in my presence and that of Mr. Sharpe, Messrs. Hitchcock's salesman, and Mr. Gibson, a salesman of Copestake, Moore & Co.—the prisoner said at Manchester, that he brought these goods away from Manchester to live upon.
EDWARD BARHAM . I am one of the principal clerks to Copestake & Co—on 9th December the prisoner was brought there by a gentleman employed in the establishment (a communication had been made by our Ipswich traveller, in consequence of which the goods were not supplied)—he said that he had succeeded Mr. Ward, of Ipswich, as a draper, and wished to commence an account—I asked him for references, he referred me to Messrs. Bradbury & Co., of Aldermanbury, and Messrs. Brown, Davie & Co., of Love Lane, the prosecutors—I communicated with Bradbury & Co., who showed me a document, and also with Brown, Davis & Co, the same day, while the prisoner was selecting goods to the amount of 80l.—I did not see him after I came back.
COURT. Q. Did you agree with him that you would open an account with him before you went? A. Subject to the references being satifactory, there was a tacit understanding as to that—I was satisfied, and the order was given for the goods to be supplied to him—the amount for those goods would be due on 1st February—we drew for discount in February—I had nothing to do with the selecting of the goods—we allow a clear intervening month.
Prisoner. On 4th December your traveller called at my shop, at Ipswich, did he forward you an order? Witness. I believe he did—he did not state upon the order the terms upon which the goods were sold—tie full credit
terms would be 2 1/2 off on 1st February, or three months' bill from that date; but they were not arranged in this case—those are the ordinary terms our traveller would be enabled to give, and on which we used to do business with your predecessor, Mr. Ward—no goods were supplied on the traveller's order—I did not state to the traveller when he forwarded the order that the goods were to be laid aside till you came to town—you did not open an account with the traveller, because you did not give him references—I went to Bradbury's and to Brown & Davis', on 9th December, and ordered the goods to be forwarded to Ipswich on the 11th.
COURT. Q. Was the invoice dated at all? A. The head of each title was dated—the first item is the goods ordered of the traveller, "December 4th, 28l. 8s. 1d.";—the next is, "December 5th, 15l. 3s. 4d. the next is, "December 10th, 40l. 13s. 3d."—that is the order given to me—goods dated as April do not mean cash on 1st April, but goods payable as April would be payable on 1st June—nothing was said between me and the prisoner about this parcel; it was really given on the traveller's order—there was no new arrangement with me.
BENJAMIN BOWEN . I am a clerk in the counting-house of Bradbury, Greatorex & Co.—on 9th December the prisoner came there, and selected goods to the amount of 540l.—he told me that he had 1200l. capital, 800l. of which he derived under the will of his father, and 400l. was his own savings—after questioning him, and getting his answers, I drew out this paper, which he signed (This stated that his capital was 1200l., the rest of his premises 100l. and taxes 20l., that he had borrowed nothing, and that he had lived, until the last fees years, with Mr. Skarrett, of Kingston, who would confirm these particulars.)—He signed that in my presence—I made inquirise the result was not satisfactory, and the goods were not supplied—somebody from Messrs. Copeetake's called and saw me; I believe it was Mr. Barham—I showed him the document—this was a few days afterward, before I had the answers to my inquiries—Mr. Edkins also called on me from Mr. Hitchcock's, about the same time, and I showed him the same document.
Prisoner. When any person calls from another warehouse respecting a customer, is not their name entered at the time? Witness. No; we enter the reference given, but not the parties who apply—many other home were referred to by you about the same time, and I showed them all this paper—I told some of them that I was not satisfied with the reference, and that our goods would not go—I made that statement to Mr. Barham—I believe he called twice, or somebody from him—I am not sure whether they called twice from Copestake's—I stated that Mr. Scarratt's letter was not satisfactory—this is it (This stated that the prisoner entered Mr. Scarret's service in March last, and remained till within a fortnight, and conducted himself satisfactorily.)
EBENEZER EDEINS . I am a clerk, in the employment of Hitchcock, Williams & Co., of St Paul's Churchyard—in consequence of something said to me by our principal clerk, Mr. Smith, I went to Bradbary, Greatorex & Co.'s, and saw Mr. Bowen, who showed me this paper—I read it, and returned to our warehouse, and subsequently gave certain instractions—on 11th or 12th December, 1868, we supplied 150l. worth of good to a person named Bunnell
Prisoner. On 16th December I opened an account with Mr. Williams, one of the partners of your firm; I never spoke to you? Witness. No—our
general terms are 1 1/4 discount at the end of the following month after order, or a three months bill, if so arranged—this document contains the terms upon which it was arranged with Mr. Smith, our principal clerk (This stated the terms at 1 1/2 discount, or a three months' bill.)—The three months' bill would become due on 18th February if the order was given in December—Mr. Smith told me to go to Bradbury's; I then went to Copestake's, who mentioned Bradbury's, but I had been there before.
THOMAS SHARPS . I am warehouseman to Messrs. Hitchcock de. Co.—my duties are confined to the silk room—in December last, the defendant came and selected silks to the amount of 77l.—I forwarded them to the entering room, where goods are invoiced—I have identified some silks in the custody of Sergeant Funnell as those I supplied to the prisoner, 41 1/2 yards (Found is the prisoner's portmanteau at Manchester).—They are worth about 7l., those which I can swear to, but there is a good deal more here, plain black; nobody can swear to plain black silk, but I supplied silk of this description to the prisoner—afterwards, I do not know the date, I went to Smith's, the pawnbroker's, in Tottenham Court Road, and six silk dresses were shown to me, every one of which I had supplied to the prisoner—the value of them was about 17l.
Prisoner. Can you swear to that? Witness. Yes, the papers round them are in our buyer's writing.
JOHN HENRY MUNDAY . I am assistant to James Smith, a pawnbroker, of 23, Tottenham Court Road—I produce six silk dresses, pledged with me on 4th January, for 8l., by the prisoner, to the best of my belief—the half pawn ticket found on the prisoner corresponds with mine.
GEORGE WILLIAMS . I am a member of the firm of Hitchcock, Williams & Co.—I saw the prisoner from the 10th to 13th Deoehshew—he had selected goods to the amount of 138l. 6e. 5d. previous to seeing me—he told me he had taken the business of Stacey Ward, of Ipswich, and that he had lived with Scarratt, of Kington, and had left there to take Ward's business—he referred me to Bradbury's, and Brown & Davis's, and Copestake's—I communicated with Mr. Edkins, who would make the inquiries.
COURT. Did you arrange any terms with him? A. No, if the references were satisfactory it would be on the usual terms, 1 1/2 per cent. at the end of the following month, but not a three months' bill, unless an arrangement was made.
DAVID DAVIS .—am a pawnbroker, of 130, Stretford Road, Manchester—on 30th January, I received three pieces of silk in pawn of, I believe, the prisoner, for 3l., in the name of John Thompson, of Stockport—he said that he was short of money to make up an account—this is my ticket.
HENET SELKIRK . I am manager to Mrs. Higgenbothan, pawnbroker, of 171, Chapel Street, Salford—I produce three coloured striped black silk dress pieces; pawned for 4l. 10s., in the name of John Thompson—this is my ticket found on the prisoner, it refers to these goods.
Prisoner. Have other houses the same class of goods? Witness. Very likely—there was no mark on the silk I sold you, but there was in the Papers outside.
warehouse—I did not make the terms—on 7th March, I went to Bow Lane Station, and saw four cases opened by Sergeant Funnell—I identified a velveteen skirt by the ticket on it, on which was a number which I had pat on—I could not identify the other goods because they had no mark, but they were like the goods which I had supplied, and which amounted to 15l. or 20l.—I saw some lace goods also there with our mark on them, but I did not sell them.
JOHN BURNS . I am one of Messrs. Hitchcock's salesmen, and preside over the hosiery and haberdashery—in December, I sold the prisoner goods amounting to about 27l.—I have since seen about 4l. worth of hosiery of the same character at the Bow Lane Station, in Sergeant Funnel's charge.
ALFRED WEBBER . I am entering clerk at Messrs. Hitchcock's—all country goods sold are entered by me from the several departments—I do not see the goods when I enter them, but they are there, and are called over to me—the date of the entry is the 12th, but they may have been called over on the 11th, because after 6 o'clock we take the next day's journal—after they are called over they are sent to the packing room.—this is the entry (amounting to 137l. 13s. 5d.) it includes silk, hosiery, mantles, muffs, and collars.
WILLIAM BOWDON . I am a packer, in Messrs. Hitchcock's employ; goods came to me from the entering room to be packed—about 17th December, I saw a variety of goods packed for Bunnell, of Ipswich, and sent then to Mr. Hine, at the Belle Sauvage booking office; three boxes and one humpier directed "T. Bunnell, Butter Market, Ipswich."
WILLIAM HINE . I am proprietor of the Belle Sauvage receiving house—on 17th December I received three boxes and a hamper, from Hitchcock, Williams & Co., for Mr. Bunnell, of Ipswich—they were delivered the same day to the Great Eastern Company's carman.
CLEMENT AEITT . I am warehoueman to Messrs. Copestake & Co.—it was my duty, in December, to enter in a book all goods ordered by customers—on 10th December, I entered some goods for Bunnell, of Ipswich, this is the entry (amounting to 40l. 3s. 3d.) those goods were in the ordinary course taken to the packing room.
JOHN HOLLAND . I am a packer, in Messrs. Copestake's employ—on 11th December I witnessed the packing of a large quantity of goods for Bunnell, of Ipswich, in four cases—two cases were already packed for the same person, and all six were addressed to T. Bunnell, Butter Market, Ipswich, on cards, with the name of the firm on the back of the cards—I delivered them to the carman of the Great Eastern Railway—the cases were numbered, L. 613, 614, 615, 616, 663, and 664.
JAMES ROBERT SENTON . I am a clerk at the goods department of the Great Eastern Railway, Brick Lane—on 12th December I saw six cases of goods weighed and shipped for Ipswich, for Bunnell—on 17th December I received three boxes and one hamper—they were shipped for Ipswich, for the same person—I cannot say where they were from—about two days before the delivery, about the 9th, I saw the prisoner at Brick Lane—he asked as if I had any goods for Ipswich, in his name—I said, "No"—he said that he expected some from Copestake's.
WILLIAM ALBON . I am a carman, in the employ of the Great Eastern Railway, at Ipswich Station—on 17th December I delivered, at the prisoner's shop, at the Butter Market, Ipswich, nine cases and one hamper—he signed this (produced) in my presence—this gives the weights of the
cases, but not the numbers—to the beet of my recollection the shop was opened, the shutters were down—that was about 3 or 4 o'clock in the afternoon—there were no goods in the window.
ROBERT GARRAD . I am a carman, in the employ of the Great Eastern Railway, at Ipswich—on 19th December, I delivered to the prisoner, at his shop, three cases and one hamper, and took his receipt on this way-bill (produced)—the shop was open, and there were some goods in the window.
HENRY STACEY WARD . I live at Huddersfield—in November last I carried on business as a draper, at the Butter Market, Ipswich—I was desirous of selling the business, and negotiated with the prisoner; I first saw him, I think, about 26th or 27th October—he offered to buy it, and eventually did so—he said that he had got 1000l. worth of stock ready to move into my place, from Kingston, in Herefordshire, where he had a business, and that he bad three trade bills running, not due, and which he had taken for his concern there—he was to give me 250l. for the fixtures, and the furniture was taken at a valuation, 114l. 9a.—he did not buy any stock of me—he paid me with two promissory notes, one at one month, and one at two months, which were dishonoured when they became due—all I got from him was 10s. for some boxes—I gave him 'on on 16th December, and left that day, taking all my goods—he had not sent in any goods then—I saw nothing more of him till I saw him at the Mansion House; but on 4th Jannary I received a letter from him, dated 3rd January—it was sent from Ipswich, it was sent off on the Monday, but was dated Sunday—I got it on Monday night, late—I was then at Romford—(This leer was handed to the Jury, but not read)—The first bill became due on 19th January; it was dated 16th December, at one month—on 5th January I received a second letter from him, dated London, January 4th, in—consequence of which I went to Ipswich, and consulted my solicitor there—I looked through the place, there was only the lad, Cooper, there, who was terribly afraid of being there by himself—he went out, and I took the keys, cams out with him, and locked up the house—the furniture and fixtures were there, and everything was precisely as I left it—I afterwards saw the bankrupt's messenger arrive and take possession—365l. 6s. is my debt, and I have made an affidavit in bankruptcy for that amount—the rent of the house was 100l., and the taxes about 20l.
Prisoner. Did not you state to me, when I came to see you, that your returns were between 6000l. and 7000l. a-year? A. No—I did not say so in my letter of October 22nd—I think the amount I stated was between 2000l. and 3000l.—that would be the gross return—I lost money by the business, and by you, too—I told you that I had not made any money by It, because I wanted to get away and join my brother at Huddersfield, and my wife wanted to get there—it was the reason I never put any energy into it—you gave me nothing for the good-will, it was not worth anything, and I told you so—you gave me back, on 5th January, all the things I had sold to you; but my attorney advised me not to touch them—I found the shop open on 21st December, and some goods in the window; but it was not dressed; and bills, "This shop will be opened shortly, with an entire new stock of goods"—Cooper was there.
WILLISY FAWOETT . I live with my father, at Wilberforce Street, Bradford Road, Ipswich—on the Wednesday before Christmas the prisoner engaged me as his shop-boy—I had applied for the place—the shop was not open, only the door; the shutters were not taken down, a bill was upon them—I
went to work for the first time on Monday, 28th December, at 8 o'clock in the morning; the prisoner told me to take the shutters down, and I did so—I remained till the Saturday night—he had no one else to assist him—things for sale were put in the window on Monday, and I saw some things sold during the week—on the Tuesday he sent me over to buy a chisel, and told me to chisel his name off the empty boxes in the shop; I did so—there were about seven boxes with his name on them—on the Thursday, by his directions, I took the boxes into the kitchen, and on the Friday and Saturday I was left in charge of the shop; someone came in who wanted something, and I went into the kitchen and saw the prisoner kneeling on one of the boxes, packing something in—he was much in the kitchen during that Friday and Saturday, and he asked me to lend him a hammer and a saw, which I got from my father—I heard the prisoner hammering and sawing—I saw him on the Friday, packing some silk in a piece of paper—I saw a good many silk goods in the shop early in the week, but on the Saturday there was a good deal fewer silks, and other things also, skirts, and white jackets, and many other things—on the Saturday evening I helped the prisoner to carry the same boxes I chiseled the name off, from the kitchen into the hall—they were heavy—he did not tell me he was going away; he told me on Saturday night to come on Monday morning—I did so, but the shop was closed—I rang the bell, but nobody answered—I went home on the Saturday night, at 9.40—on the Friday I went with him to the railway passenger station, and carried several parcels for him, which were bound together with a strap—when we got there he took them from me, and told me to stop outside—he came out without them—they were like these—he paid me my wages on Saturday.
Prisoner. Will you swear the shop was closed when you came? I Witness. All but the door—I took boxes from the shop into the kitchen, but no goods—I saw no goods go into the kitchen, but I saw you packing some things—on the Wednesday I saw another young man with you—I broke a square of glass, putting up the shutters, but you did not say that I was too small, and you should not require me again.
COURT. Q. When you went on Monday morning was the other lad there? A. No—there were shelves behind the counter, and some calicoes and stockings on them, and some small boxes—I saw silks like these on the counter; there were many at the beginning of the week, but I missed a good many at the end of the week; the counter was nearly cleared by Saturday.
YOUNGMAN COOPER . I was in the service of Mr. Stacey Ward, at Ipswich, while he was a draper there—when the prisoner took his business I was to act as shopman to him—I was in the shop when some cases came—I do not know where they came from—on 24th December I went away for a holiday, with the prisoner's permission—he had sold a few things in the shop previous to that—I sold one or two of them—my greatest taking in the shop while he was there was about 3s. 6d.—I do not think he cared about selling anything; one or two customers came in, and he told them he had not opened for business yet, but what he had got he did not mind selling—there was not much in the shop at that time—this was prior to the 26th, but not a week before—I went for my holiday on Christmas Eve, and did not come back till Sunday week, 3rd January—I found the prisoner there when I returned—boxes came in before the 24th, and were unpacked, and goods were put on the counter, flowers, and skirts, and silks; such things.
as these; and they laid behind, on a recess—the things were not marked, the window was not dressed, and the shop was not got ready for business—I arrived on Saturday evening at my master's, about 8.0 or 8.30—there were no cases of goods in the hall or in the shop—on Monday morning the prisoner went away, saying that he wanted to run up to London, and if I got on as well as I did before, it would be all right, and if anybody inquired where he was gone I was to tell them that I did not know, but he would be back in a few days—he left some goods there, unpacked; I left them there—I stayed there till the following Tuesday—I did not see him again till to-day—Mr. Ward came on the Friday and locked up the house, and I left—goods were left in the house then.
Prisoner. Did you open the shop every morning? Witness. Yes; between 8 and 9 o'clock—I believe one or two mornings were skipped—you dressed the window; there were shirts in one window and flowers in the other—it was not dressed in the usual way—there were not many customers—you kept open till 10 o'clock on Saturday night, and on Monday, 21st, and Tuesday, the 22nd, we opened in the regular way—on Wednesday, 23rd, you went to London, but I opened the shop—it was open every day in the week—on Monday, January 4th, when you went away, I opened the shop—I did not see the errand lad come to open it—the bell was not rung while I was there—you told me, if I opened at 10 o'clock that morning, that would do—I slept in the house—I opened at the same time on Tuesday, and kept open till Mr. Ward came.
MR. STRAIGHT. Q. When was it he said that he was going to London? A. He said when I went home on Christmas Eve, that I might have till Wednesday, and then I had a letter to say that I might return on Saturday, and afterwards he wrote, and said, would I kindly return on Saturday, as he wanted to run up to London, on Monday morning—I went there on Monday morning at 6.30—I was up and could hear the bell ring.
COURT. Q. Were you there when the other boy came to be hired? A. No; I saw him standing at the door one day, and the prisoner told him to call another day—the shop was open when he called, but I do not think the shutters were down; I forget whether the shutters were up, and only the door open—I will not undertake to say that they were not up—the place was never in a business state all the time I was there.
NICHOLAS KELLY . I am a sheriff's officer—I received instructions to demand a debt of the prisoner on account of Hitchcock & Co., I found the shop shut, and nobody inside—I called a second time, and continued calling from the 14th to the 23rd January, when I accompanied the bankruptey messenger to Ipswich and took possession of the premises—there were some empty cases in the hall, and some full ones in the shop, marked "L 613, 614, 618, 663, and 664,"I carefully searched the premises, but found no silk—the articles left there were towellings, skirting, and sheetings—the furniture was not worth 136l.; only about 70l., I should say.
JOHN LEEMAN . I am in the employ of Ladbury, Collison & Viney, and am well acquainted with drapery goods—I saw the articles left at the shop in the Butter Market, Ipswich, and valued them at 159l. 7s.—there were no silks, only bonnets, flowers, and hosiery.
Prisoner. Were there a quantity of very valuable French flowers? Witness. There were some valuable ones, and some were the greatest rubbish—I valued the whole of the flowers at 40l., and the calicoes at 32l.—I valued the calicoes at cost price, by looking at your mark—about 10 percent
profit would be put on—I value the winseys at 6l. 12s. 9d., cost price—I found that thirteen pieces were invoiced to you at 15l. 3s. 4d., but I only found nine pieces—some correspond in length, but some have been cut—I valued the jaconet at 10l. 4s. 6d., and such hosiery as I found at 12l. 8s. 5d.; the skirts at 3l. 13s. 6d.; the mantles at 3l. 12s. 6d.—they had been hanging in the shop, and were very dirty indeed—I valued them as I found them, at 7s. 6d. each.
THOMAS CARLTON SOARRATT . I am a draper, of Kington, in Herefordshire—in March, 1868, the prisoner entered my service, as assistant, at a salary of 26l. a year—he said nothing to me about 1200l. of capital, or that his father had left him 800l.—he was well acquainted with business, and knew the value of things—he stayed till the end of last November—I had not known him before—he referred me to Mr. Smith, of Birmingham, who wrote to me, and said that he had had him with him nearly three years—he left me to take a business with Mr. Ward of Ipswich—he conducted himself well.
The prisoner, in his defence, stated that he bought the business upon the understanding that it returned between 6000l. and 7000l. a year; but that in three weeks he took 410l. less than he was led to expect, that the goods he removed were not worth so much as those he put on the premises, and that he left nearly 700l. worth of good there, which would have paid hit creditors 20s. in the pound; whereas, had he wished to defraud, he could have sold the whole. That he always intended to pay for the goods he ordered, and should have done so had not Ward's business turned out a gross swindle.
GUILTY .— Twelve Months Imprisonment.
MR. LEE. conducted the Prosecution.
JOHN KNOWLES . I am a miller, and live at Devonshire Street, Lisson Grove—about 1 o'clock in the morning, I was in Commercial Road, Lime-house, and two men came up to me—the prisoner is one of them; I swear to him—I was perfectly sober—one brushed on one side of me, and the other on the other—I said, "What are you at?"—they both laid hold of my collar—I walked five or six yards and asked them to desist, but they did not—they turned my face from Limehouse Church, held me about half a minute, and I heard something snap—I looked down, and saw my watch-guard hanging down, and saw both their hands working in front of me together—they loosed me directly, and one ran away—I caught hold of the prisoner, and called "Police!"—one of them could have handed it to the other—I gave the prisoner in charge without losing sight of him—he never was ten yards from me, and except for a moment I never loosed him till the constable came up—I have not seen my watch since.
Prisoner. What was the reason you let me go when you laid bold of me? Witness. Because I saw the policeman close to you.
Prisoner. Had the prosecutor hold of me when you came up? Witness. You were standing close together, and when I got across the Commercial Road you seemed to escape from his custody—you were six or eight yards from him when I stopped you, walking away fast, and another man ran
round the corner—I had spoken to you about five minutes before the skirmish—you had another man with you who I should know again—I knew you before.
Prisoner's Defence. I am perfectly innocent.
He was further charged with having been before convicted at Clerkenwell, in May, 1861, in the name of James Hayland, to which he
PLEADED GUILTY. **— Seven Years' Penal Servitude.
THIRD COURT.—Thursday, April 8th, 1869.
Before Mr. Common Serjeant.
MR. ROWLAND. conducted the Prosecution.
ANTOINE BENSON . (through an Interpreter). I am a foreign tailor, and live at the Sailor's Home, Whitechapel—on 11th March, about 8 in the evening, I was walking in the neighbourhood of the Sailor's Home—I met the prisoner—he asked if I wanted a ship—I said I did—he then asked me where I kept my money—I said "At the Sailor's Home, in my chest"—he said it was very wrong of me to have it there, because I might lose it, I had better take it out of my chest, and keep it on myself—I went to my room, and got my money—I put some in a purse in my breast pocket, and some in my trowsers pocket—I had about 12l. 10s. altogether—I also had a watch in my waistcoat pocket—I came down and joined the prisoner, and an Englishman who was with him—we went to a public-house, and had a glass of ale—I was quite sober—we left there and went to another public-house—after we came out the prisoner said "You can come home to my place"—he asked me how much money I had got on me, and I said "2l.,"—he said "Then you must give us half of that," and then he struck me on the eye—it knocked me down, and I lost my senses—when I came to myself, my coat, money, and watch, were gone, and I was lying down on the ground where I had been knocked down—I got up and went away—I was with the prisoner about two hours—he spoke to me in Danish—next day I went to the house where he lived, but could not find him—I saw him the following Monday, in a public-house opposite the Sailor's Home—when he saw me he ran through another door, round Wellclose Square, to his house—I followed and gave him into custody—I am quite sure the prisoner is the man—I lost 12l. in gold, and 10s. in silver.
COURT. Q. Was there another man with the prisoner when you came from his house? A. Yes, an Englishman—I don't know what became of him—he was there when I was knocked down—the prisoner struck me—I have not seen the other man since—he was not there when the prisoner asked me where I kept my money—a female was there just before I was struck; the wife of the Englishman—she told him not to strike me—after we left the last public-house, we went to the prisoner's house—the Englishman's wife was there—it was where the Englishman lived—he lives next door to the prisoner—I gave evidence against a woman yesterday—I did not see her that night—after we left the Englishman's house we walked down the street, and then I was knocked down—there was no one else there when I was knocked down, besides the prisoner and the Englishman—the wife was not there when I
was struck—they had hold of each arm, and would not leave go of me; we were only a little distance from the house when I was struck—I went to the prisoner's house next day to see if I could find him, and I took the police there—I am quite sure I had my money on me when I left the house, and I had my jacket on where my money was.
WILLIAM GIRLING . (Policeman H R 15). I saw the prosecutor on 15th March, about 4 o'clock in the afternoon, and from what he told me I followed the prisoner into Wells Street—he went into No. 4—I went and fetched him out, and from what the prosecutor said, I understood he had lost 12l. and a silver watch—I took the prisoner to the station, he said he was entirely innocent, and knew nothing about it—the prosecutor told the inspector there was another person with Brown—I went after an Englishman named Walters, who lived at No. 4, about three hours after, but he had absconded, and has not been seen since.
HENRY CROWHURST . (Policeman H 127). On Thursday, 11th March, I saw the prosecutor, about 10.45, outside the Standard public-house, in Wells Street—his face and neck were covered with blood, and he had no coat or hat on—he said something to me which I did not understand—he seemed stupefied from ill-treatment.
HENRY CROWHURST . (re-examined). I saw three women together that night—two of them were taken in custody for the unlawful possession of the prosecutor's coat—one of them was tried and convicted yesterday.
Prisoner's Defence. The Englishman told me next morning that the two women had robbed the prosecutor of his money. He saw me some time after and gave me in charge. I did not run away. I am quite innocent, I never knocked him down, or stole a farthing from him.
GUILTY . **— Five Years' Penal Servitude.
MR. MOODY. conducted the Prosecution; and MR. F. H. LEWIS. the Defence.
THOMAS ARNOLD . I am a scalesmen, in the employ of Mr. Lankester, a salesman in the New Meat Market—on 12th March, eight quarters of beef had been sold to Mr. Bath, a butcher, of Woolwich—he had taken six of them away with him—I have known the prisoner about the market for nearly three years—he came to the shop that morning, and asked for two quarters of beef for Mr. Bath—I delivered them to him, knowing him, and believing him to have been sent by Mr. Bath—a few minutes after he had gone someone came from Mr. Bath for the two quarters—the prisoner came about 8 o'clock—I next saw him about 10, in a public-house, in Hosier Lane, Smithfield—I asked him what he had done with the two quarters of beef I had delivered to him that morning in Mr. Lankester's shop—he said, "What beef?"—I said, "The two quarters of beef," and he said he never had the two quarters of beef—I mentioned Mr. Bath's name, but he said he had not had them—at first he said he had not been in the market that morning, and then he said he was there about 6 o'clock—I waited there till a policeman came, and gave him into custody for obtaining the meat by false pretences—I have known him three yean—he was dressed in
a blue smock, and black cap, when he took the meat—when I gave him in custody he was dressed as he is now—I have not the least doubt that he is the man I delivered the meat to.
Cross-examined. Q. Is your master a dealer in a very extensive way? A. Yes—we have, perhaps, thirty deliveries or more—we do not take any receipts for meat—we do not have delivery orders—I have known the prisoner three years, jobbing about the market—I can't say that I had seen him in a blue smock before, or that he always wore a white one—I generally saw him in his coat—I cannot say that I ever saw him in a white smock—I told him he had received the meat between 8 and 9 o'clock, and it was then he said he was not in the market at that time—I saw him searched.
MR. MOODY. Q. How came you to go to the public-house in Hosier Lane? A. I went there in search of the prisoner, as I had known him frequent that house before.
MORRIS STIFFIN . I am in Mr. Lankester's service—I was in the shop on 12th March, and saw the prisoner there—he was going out of the shop, with a quarter of beef on his back—he came back again three or four minutes afterwards, and asked me to give him a pull up with the second quarter—a Mr. Rouse, who was there, helped him up with it—I assisted to take it off the hook, and he went away with it—I do not recollect seeing him before—I am sure the prisoner is the man.
Cross-examined. Q. How was the man dressed to whom you delivered the meat? A. In a blue smock and a black cap—I saw the prisoner at the police-station alone—I did not pick him out—I was not taken into the cell where he was; I saw him in the dock.
GEORGE BATH . I am a butcher, of Woolwich—I bought eight quarters of beef of Mr. Lankester on that morning—two quarters would be worth 10l.—I had six taken away, and left two—I did not send the prisoner to receive the other two, or give him authority to take them away.
THOMAS RALPH . (City Policeman 299). About 10.30, on 12th March, I was spoken to by Arnold, in Hosier Lane—the prisoner was there, and be charged him with obtaining meat by false pretences—I took him to the station, and found 3s. 5d. on him—he gave a correct address.
Cross-examined. Q. Have you known him about the market for some time? A. About three years—he has always worn a white smock—I never saw him in a blue one that I am aware of.
WALTER COX . I am a scalesman, in the employ of Messrs. Venables & Co., meat salesmen, in the New Meat Market—about 7.30, on 12th March, the prisoner came to the shop, and asked for a horse's head, that is, 16lbs. of the ribs of beef, two clods and stickings, and five pieces of fat, for Mr. Schmidt, of Westminster—I gave them to him, and he took them away—he took the beef first, and came back for the fat afterwards—they were worth about 5l.—I gave them to him, believing he came from Mr. Schmidt—I have known him since the opening of the market—he had a blue smock on that morning—I have seen him wearing both white and blue smocks—I am sure he is the man—I next saw him at Guildhall.
Cross-examined. Q. How often have you seen him in blue smooks? A. Two or three times, I cannot remember exactly—at other times I have seen him in white ones—I am sure he wore a blue one on that morning—I went and asked the galore to let me see the prisoner—I went into the cell—he was there with others, and I said he was the man—I dare say we had 100 deliveries that morning, from 5 o'clock till 11—we take receipts for the
delivery of meat now, we did not at that time, we have commenced since the losing of this.
GEORGE SCHMIDT . I am a butcher, at 150, Horseferry Road, Westminister—I bought a horse' head, two clods and stickings, and some fat, of Messrs. Venables, on this morning—I never had any part of it—when I sent for it, it was gone—I did not send the prisoner for it, or give him any authority to fetch it—I never knew him.
Witnesses for the Defence.
GEORGE STAITE . I live at 5, Cherry Tree Court, Whitecross Street, and am a porter in the Meat Market—I was examined before the Magistrate—the morning of the 12th March, I saw the prisoner in the market, about 6.50—he had a white smock on and a round cap—I have known him two or three yean—I see him nearly every day—I have never seen him in a blue smock, to my knowledge—I did not see him leave the market.
Cross-examined. Q. Do men who carry meat generally wear blue smocks? A. I have seen several with blue ones and white ones, but not the prisoner—I never saw a man wear two, a blue one and a white one.
DANIEL MCCARTHY . I live at 28, Red Lion Street, and am scalesman to Mr. King, a butcher, in the market—I saw the prisoner between 7 and 8 o'clock, on 12th March—he had a white smock on, and a coat over it—I have known him about three yean—I have never seen him in a blue smock in my life—I see him four or five times a-week.
Cross-examined. Q. When were you first spoken to about this? A. I was subpoelignaed last Friday—that was the first time the matter was brought to my attention.
JANE GUNN . I am the prisoner's landlady, and live at 5, Peter's Lane, St. John Street—he has lived in my house about ten months—I have seen him go out in the morning—I never saw him in a blue smock—I never saw a blue smock in the house, always white one a—his wife and I have washed together, and I never saw anything but white smocks.
CHARLES LANGDALE . I am a sampler, at St Katherine's Docks—I have known the prisoner ten months—I never saw him in a blue smock; my wife has a mangle, and has been in the habit of doing them for him, and they have always been white smocks.
GUILTY .— Judgment respited.
MR. DALY. conducted the Protection; and MR. MOODY. the Defence.
EDWARD LEIGH . I am the chief clerk at Worship Street Police Court—on 20th February the prisoner charged a man named McNamara with an assault—I produce my notes of her evidence: she said, "I live at 7, Acorn Place; on 17th February I was in Magpie Alley, and met the prisoner, and others; he at once came up to me, and hit me two violent blows in the eye with his fist, and knocked me down; I said nothing to him, and gave him no reason; some time ago I was a witness against him, and he came oat of prison on that morning; when he met me he said, 'You b—b—I will pay you;' I was alone; I came from my mother's to the pawn-shop in Magpie Alley; the prisoner was with a mob; it was between 12 and 1 o'clock in the day; I looked for a policeman but could see none."—That is all the evidence.
Cross-examined. Q. Was she cross-examined by anyone? A. No—the Magistrate asked her some questions after she had given her evidence—there was a remand till the following Thursday—on that day McNamara was again remanded for a week—I do not think the prisoner was examined again—I have no record of any evidence called for the defence—I have an account of an assault upon Sullivan—McNamara Was convicted of that, and sent for a month—there have been a great many before the Court—there were three remands, I think, and McNamara was discharged.
ALFRED BULL . (Policeman H 160). I arrested McNamara on the charge of aaaault made against him by the prisoner, on 19th February—I heard her give evidence against him at the Police Court—it has been a matter between them for some time.
Cross-examined. Q. Had there been a summons taken out? A. No, it was a warrant in the first instance—I was present at the final examination of the case—there were five witnesses for the defence, but the Magistrate refused to hear them—he said that no jury would convict, and dismissed the case.
JEREMIAH MCNAMARA . I am a labourer—I was convicted of an assault, and came out of prison on 17th February—I was confined in Coldbath Fields Prison—I came out about 9 o'clock to the morning—my wife and a young woman named McCarthy met me at the gate—I live at 28, Great Pearl Street, Spitalfields—we went down Golden Lane into Finsbury Square, past Whitecross Street and into Spitalfields Market—I was not in Magpie Alley at all—when I got home I did not go out again all day—I did not see the prisoner that day.
Cross-examined. Q. Where were you tried? A. At Clerkenwell—the prisoner gave evidence against me and a person named Julia Sullivan—it was upon Julia Sullivan I committed the assault of which I was found guilty—she swore it was me—I do not know who the others were who gave evidence against me—there were two or three others—they swore my life away to get me away from my children—I did one month for it—when I came out of prison I went home and went to bed—I did not go to a single public house—I will pledge my oath to that—I did not have a drop of liquor that morning—I was not in the infirmary when I was in prison—I was ill when I came out.
CATHERINE MCCARTHY . I went to meet the fast witness when he came out of prison, on 17th February—I went with his wife, who took the baby in her arms—we came straight home to his house, and he was at home the whole day—he went to bed, and was in bed all day—he did not go out.
Cross-examined. Q. Where it Magpie Alley? A. Somewhere in Shoreditch—it is not near Finsbury Square—it is about a quarter of an hour's walk from Pearl Street—he was not ill when he came out of prison—he had a drop of beer and some dinner, and it overturned him—he went to bed about 1—he was not ill till he had his dinner—we came through Golden Lane, Barbican, and Finsbury Square, home—as we came home we went into a public house in Pearl Street, and drank a pot of beer there—he was in prison ten weeks.
COURT. Q. Did you go near Magpie Alley on your way home? A. No, we did not go that way at all.
HANNAH MCNAMARA . I am the prosecutor's wife—I met him at the prison on 17th February—we went straight home, down Golden Lane and into Union Street—we did not go through Barbican at all, or Magpie Alley—I got my husband's dinner about one o'clock—he was ill and went to bed, and was home all night.
Cross-examined. Q. Did he go to bed after dinner? A. Yes—we had a pot of beer on our way home—I do not know the distance from where I live to Magpie Alley—my husband came out of prison about 9 o'clock—we got home some time after 11 o'clock—my husband was at home between 11 and 1 o'clock—a few friends came to see him, and they had some beer.
MART SEAL . I live at 48, Grey Eagle Street, Spitalfields—on 16th February I had a quarrel with the prisoner and struck her—she fell and hit her eye against the kerb stone—it was black—it was not black till I did it—it was on the 16th, and McNamara came out of prison on the 17th.
Cross-examined. Q. Where did this take place? A. At the top of Paradise Street—I was in the Two Brewers, drinking with the prisoner—it was about two pork chops—James Seal had the pork chops belonging to me, and offered to sell them for 3d.—I had paid 6d. for them—the prisoner took the chops and would not give me the 3d., and I gave her a blow in the eye—that was about 12.30 or 1 o'clock, on the 16th—I had had a drop to drink—I knew the prisoner before, by sight—I do not know her mother—I was brought up to Worship Street on the Saturday in the same week—I was not examined—I know Ellen Brown—I did not tell her that the prosecutor was going to give me 7s. if I came up and said that I gave the prisoner the blow—nor did I say that James Seal was going to give me 1l. 5s. if I got the prisoner convicted—I was drinking in the Two Brewers with her, between 9.30 and 10 o'clock in the morning—there were some more there besides her.
GEORGE JAMES STEDMAN . I live at 39, Great Pearl Street, Spitalfields—I know McNamara—on the day he came out of prison I saw the prisoner in my house, having some beer, about 4 o'clock in the afternoon—her eye was blackened—a man named Seal was there—she wanted some of his beer, and he said, "No, you shall not have any of my beer, I will send for my wife and she will give you another doing, as she did last night"—the prisoner made no answer to that.
ABRAHAM KEYMER . I keep the Commercial Tavern, Commercial Street, Shoreditch—on 16th February I heard some quarrelling outside my house—the prisoner was one, and Mrs. Seal was the other—I saw the prisoner knocked down by Mrs. Seal—I noticed her face afterwards—her eye was discoloured and cut.
NOT GUILTY .
FOURTH COURT.—Thursday, April 8th, 1869.
Before Mr. Recorder.
MESSRS. BESLET. and WARNER SLEIGH. conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS. and MACRAE MOIR. defended Cross.
year, until 26th January, this year, Butler was in their service—he was discharged on 26th January, because some ties were found in his pocket—here are seven dozen, and five Windsor scarfs (produced), they were made up for oar house, and are our own patterns, they were given up to us by the officer—we have missed property of this kind, altogether I should say from 150 to 200 dozen; we generally sell them in half dozens of a pattern and different colouring, they average from 21s. to 30s. a dozen—Butler was not employed in the department where they were kept, he had access to it—I went to the shop of Mr. Turner, in St. Martin's-le-Grand, I think in February, my attention having been called to some scarfs in his window, of the same kind as these, but different patterns; I went in and bought these three of him; he made some communication to me, in consequence of which I employed the police.
Cross-examined. Q. The price of these very very much, according to the season, do they not? A. None of these patterns have varied with us—the price does sometimes vary—we sold no job lots; job lots are sold sometimes—I am not aware that they are sold as low as half-a-guinea a dozen; I never bought any as low as that, not goods of that class and character—I can't swear that these were not sold by our firm—I will swear that they came from our warehouse, and were our property, originally—I know the patterns, they were made for us—there are some patterns among these that I swear have been specially made for us—to the best of my belief they are not made for anybody else—the same patterns may probably be made for other firms—we have no copyright of the patterns, we have not registered them.
MR. BESLEY. Q. Will you select one of the most expensive? A. Here is one at 30s. a dozen; that is our price—we never sold these at less—the lowest here is 21s.—these are not job lot a—here are several patterns which were designed expressly for our house.
EDWARD CHESHIRE . (City Detective). On Friday, 12th March, in consequence of directions, and on the 13th, I went to Mr. Turner's shop, in St Martin's-le-Grand—I saw a person named Leachman go in there—I did not see him take anything in—he came out with a bag and a parcel—I followed him into Gresham Street, and stopped him, took him to the station, and found these scarfs in some boxes—I went with him and Mr. Westwood that morning to London Wall, to the Weaver's Arms and Swan public-houses, to try and find Cross, but did not see anything of him that morning—on Monday morning, the 15th, I went again, with Leachman and another officer—a stranger spoke to Leachman in the street—after that I went with Leachman to Cox's public-house, in Carthusian Street, where I found Cross in the back parlour, by himself—Cross opened the door a little way and saw Leachman, and then Leachman went in, and I followed—Leachman said, "That is Cross"—I said to him, "Leachman is in custody for the unlawful possession of a quantity of scarfs, which he says you gave to him, is that so?"—he said, "Yes"—Leachman said to Cross, "Yes, and you knew they were wrong when you gave them to me, and I told you that Hellaby's people were making a noise about their things being sold at the shops under cost price"—Cross said, "Yes"—Leachman said, "And did not you say, 'If there is anything wrong about them, never you mind about that, I will put up with that'"—Cross said, "No"—I then told him that I should take him into custody—Leachman said, "With your permission, I should like to ask Mr. Crow this; did I, at the time when you gave
me these scarft, know where you got them from?"—Cross said, "No, you did not know"—an officer named Gilbert was present at this conversation—I said? to Cross, "I want? to know where you got? these scarfs from," speaking of those I had found on Leachman—he said, "What shall I do? you know where I got them from"—I said, "I don't, I want? to know"—he said, "I had? them from a man named Palmer"—I said, "Where does Palmer live, or work?"—he said, "I don't know now, but I knew a month ago; I meet him at different public-houses"—I then took him to the station, showed him the boxes of scarfs I had found on Leachman, and asked him if they were the scarfs he had given Leachman—he said, "Yes"—he was then charged—I hare omitted to state that at the public-house I said to him, "I have been looking for you; you hare heard of this affair"—he said, "Yes, I have been in the country, and I have been very ill all night through this affair"—Leachman was subsequently discharged from custody—on 23rd March I went to 9, Russell Street, Whitechapel, the residence of Butler's parents—I found Butler there, and his parents also—I spoke to the father first, and then said to Butler, "I am a police officer, and I have come to see you about some scarfs? that you have stole from Messrs. Hellaby's, during the? time you were in their employ—I want you to tell me the truth; I understand you were discharged because two (or some) scarfs were found in your pocket, is that so?"—he said, "Yes"—I said, "I know you have had a great many more than those two, you have had a great many from there"—his father begged him to tell the truth—I then asked him if he had taken away a many as a 100 dozen—he said, "No"—I said, "Did you take fifty?"—he said, "No"—he thought he had taken thirty dozen—I said, "What did you do with them?'—he said, "I sold them to a boy named Green"—I said, "How did you come to know Green?"—he said, "I met him one day, at the corner of Aldermanbury, and I was showing him a band, and he bought it, and asked me if I could get him some more things, and I did, scarfs"—I asked him how many at a time he had taken out, or how he took them out—he said, "I took, sometimes, three or four at a time, in my pocket, and I have taken as many as nine, twice a-day"—I asked if he knew where Green lived—he said, "Yes, I can take you to his house"—I then went with Butler to 24, Lamb Street, Spitalfields, and there saw Green—I said, "I am a police officer, and I have come to see you about some scarfs that you have bought of this boy, Butler"—he said, "Scarfs, sir! I only had three or four"—Butler said, "Yes, you did, you had twenty dozen and more"—I then took them both to the station—I showed Butler, in Green's presence, the boxes of scarfs taken from Leachman, and asked if he knew them—Butler said, "Yes"—I said, "How do you know them?"—he said, "They are the ones that I stole from my master, Mr. Hellaby, and gave to Green"—Green said, "I did not have all these, I had that one, and that one," putting his finger upon two; these are the two—he said, "I had some of these, altogether about a dozen"—Butler said he had had more, and Green denied it—Butler said, "I used to meet you, and you once gave me 1s. for eight, and sometimes you gave me 3d. and 4d. each; when I used to give them to you, I have been several times with you to a public-house, in London Wall, and you used to go in and meet a man there, and sell them while I waited outside"—Green said, "You only went once with me to the public-house in London Wall"—I asked Butler if he knew the sign of the home he said he thought it was the White Horse, but he was not certain
—there was a mm with me at these conversations, not an officer, he took no part in it—on 29th March, the day of the committal, Butler called me to him in the cell, and said "I wish to speak to you, sir; this morning, as we were coming away from Newgate, Green said to me, 'Did you tell then anything about the bands?' and I said, Yes, I told them the truth; he said, 'How did they come to find it out?;' I said, 'Through the one you had on'"—he also said "Green said, 'What made you tell them I had so many scarfs?' and he told me, sir, before we were taken, that if ever we were taken, to say that he only had a few"—I gave that evidence at the Mansion House shortly afterwards, and Green interrupted me, and said something which was taken down—I don't remember what it was—I have, in the course of this case, received parcels of Windsor scarfs, from different persons, which I produce; here are eight from Mr. Davey, four dozen from Simpson & Co., three down from Mr. Williams, five from Mr. Rees, and eight from Mr. Tarrant—I do not produce any from Swan & Edgar's.
Cross-examined. Q. Have you been to Swan & Edgar's? A. I have; I did not find any there—I went with Mr. Westwood and described the goods; they said they had bought some of a man named Davis—I am quite sure that the conversation I have spoken of at the public-house took place—I have mentioned before that Gilbert was present at it, not at the Mansion House, I did not think it necessary; I mentioned it to the solicitor—I will swear he was there—Cross gave his address at the station the moment I asked him—he either said, "I had," or "I bought them from a man named Palmer"—I do not know who Palmer is—I have tried to find him—Cross did not tell me where he lived, he said he did not know, he knew a month ago—I asked where it was; I forget the address he gave me.
Green. Those are not the two scarfs I identified, one had a violet line straight across. Witness. They are the same—I noticed them very particularly.
MR. BESLEY. Q. Did you go to the address Cross gave as his own place of residence? A. Yes, he lived in a little back room—there was no sign of business there—he is a collar cutter by trade—I did not go to the place where he said Palmer had lived a month previously—I made every inquiry about him—there was a person named Palmer under remand at the Mansion House at the time—that was not the person.
EDWARD ISAAC GILBERT . (City Policeman). On Monday, 16th March, I was with Cheshire, at Cox's public house in Carthusian Street, when some conversation took place between him and Leachman and Cross—I was not present all the time—I heard Leachman say to Cross, "You knew very well that these scarfs were wrong, and I told you that the people at the shops were making a noise about those scarfs being sold under price, and you said, "Never mind about that, if there is anything wrong about them I will put up with it"—Cross denied it—that was all I heard.
Cross-examined. Q. You were not called before the Magistrate? A. No, this is the first time I have given my evidence—I was in plain clothes—there were four persons present, Cross, Leachman, Cheshire, and myself—I did not say I was a constable—I did not take any part in the conversation—I merely stood by in cats of any emergency—this occurred in the side parlour of the public house—it is a public parlour, where liquors are sold.
MR. BESLEY. Q. Did you attend at the Mansion House? A. Yes, I was spoken to about giving evidence, on the second examination.
London—I am a commercial traveller, principally town traveller, for different houses—in March last I was not in any occupation except by commission, one or two commissions—my last regular employment was with Mr. Mayhew, of Wood Street; that was up to Christmas last—since then I have been doing something for myself on commission—I know Cross—I first became acquainted with him some few years ago—he used to work for Mr. Mayhew—about the beginning of March I saw him at the Sun, in London Wall, and he asked if I thought I could do anything with some scarfs—I said, "You had better let me see what they are, I can soon tell whether they are suitable for me"—he said he would bring them next day—I met him by appointment next day at the same house, and he then produced about two dozen of these scarfs—I said I did not think I could do anything with them, but I would try—I took them out and showed them round—i sold a few at two or three prices, the lowest, I think, was 11l. 6d., and some at 15s. and 17s. 6d., as far as I can recollect—I think the principal I sold to Mr. Turner—I don't know what quantity he bought—he paid me for the first, not the last—I gave the money to Cross the next day at the Sun—he occasionally brought some more scarfs to put with the others, altogether, I should think, about six or seven dozen, perhaps eight dozen—I did not sell them all, only a few, here and there—I showed them wherever I thought persons might buy them—I was found with seven or eight dozen in my possession when the officer took me into custody—I sold some to Mr. Foster, of Wandsworth Road, and some to Mr. Lewis, of Pimlico—altogether, I sold, I think, about three or four dozen at the same prices—I had seen Cross four or five times at the Sun during March—when the officer took me into custody he first took me to the station—then we went to the Sun, and waited there a good half hour, and then walked to the corner of Basing hall Street—altogether we were about an hour and a half or two hours seeking for Cross that day, but did not see him—on the Monday I went again with the officer to London Wall—I was still in custody—a boy spoke to me, and I afterwards went with the officer to Cox's public house in Carthusian Street, and found Cross in the parlour there—I said to the officer, "This is Mr. Cross," and said to Cross, "Here is a gentleman wants to speak to you"—the officer began to ask about some scarfs, and I said to Cross, "Mr. Cross, before this gentlemen has anything to say to you, I have a plain, straightforward question to ask you, and I want yes or no, did I know anything about the goods you gave me to sell, whose they were, or anything about them?"—he turned round to the officer and said, "He knew nothing at all about them"—I did not say anything about Hellaby's or the shop people, not a word, nothing of the kind; I am positive of it—that was all that transpired between me and Cross and the officer—the officer was talking to Cross about having me in custody, and said he must take him likewise—we were not there a minute after I had spoken to Cross; not two minutes at the outside—I was not to receive anything from Cross for selling the goods—he merely gave me a list of prices, and what I could get beyond those prices I was to have for my trouble, nothing else.
Cross-examined. Q. How many persons were present in the parlour of Cox's public house? A. Only Cross and the officer Cheshire, I did not see anyone else—if there had been anyone else there, of course, I must have seen him—I did not say to Cross, "You knew these were wrong when you gave them to me"—nor did I say, "Did I not tell you that Hellaby's were
making a noise about these things being sold at the shops under price"—I swear that—nor did I say to him, "And did not you say, if anything was wrong about them don't you mind, I will put up with that"—I have been in the trade over thirty years—I took these scarfs indiscriminately to different shops, and was unable to sell them—I went to Davis's, in Oxford Street; he did not consider them cheap by any means, he could do better, and he showed me some of another manufacturer's—I went to Pollock's, in Oxford Street, and he would not look at them—I offered some at 1s. and some at 6d. a dozen upon Cross's prices, and the higher ones, of course, for more.
MR. BESLEY. Q. What advance did you put upon the better class of goods? A. Those I asked 1l. for—I have not been seen by anyone connected with the prisoner's solicitor—I am no relation of Cross's—I don't recollect telling my solicitor that I could deny the officer's evidence as to the conversation.
COURT. Q. You say you went with Cheshire, was anybody else with him as you went along? A. There were one or two other officers with him—I can't say what became of them when I went to Cox's, I walked along with Cheshire, he was behind me when I spoke to Cross; one officer came in after, a Mr. Green, I think—I don't know Gilbert; other officers came up after I had introduced Cross to Cheshire.
WILLIAM GREEN . (City Policeman). On 15th March, Cross was brought to the Bow Lane Station—after the charge was read, and he was about to be put in the cell, I said to him, "You can have some refreshment if you require it"—he said, "No, I don't want any refreshment, I should like a razor, if you can give it me"—at the Mansion House, after he was in the cell, he said, "This is a bad job"—I said "Yes, you had better speak the truth"—he said, "If I thought Hellaby's people would withdraw from the prosecution I would divulge all I know."
Cross-examined. Q. Was Palmer in custody at that time? A. No, he has never been in custody; I do not know anything of Palmer.
EDWARD DAVIS . I live at 40, Portpool Lane, Gray's Inn Road—I occupy two rooms there—I am a commercial traveller, I am travelling now on commission for Evans, of Old 'Change, and Dalby, of Wood Street—I have no salary from them, only a commission—I lived in one house eighteen years, for the last eight years I was in the warehouse, previous to that I was travelling, it may be fifteen years ago since I was a salaried traveller—I have known Cross for some years—I always considered him to be a commission agent and warehousman; I knew him at Leafs, that is a good many years ago—I knew him at the prosecutor's house when he lived there; latterly I knew him at Myers', in Wood Street, that was the last situation I knew him in; that is perhaps twelve months ago, it may be more or less—in September last, or it may have been the latter end of August, I first had some communication with him in reference to scarfs—I met him in Foster Lane, he had not the scarfs with him then—I afterwards got some from him at the Weaver's Arms, at the corner of London Wall and Aldermanbury—I saw him there perhaps half-a-dozen times between the end of August and March—I sold three lots of scarfs, the first lot was in September, to Swan and Edgar's, of Pimlico; that was eight dozen and five—I have a copy of the invoice, or I should not have recollected it—this receipt (produced) is my writing, it is dated September 5th, the amount is 7l., 11s. 6d.—that was 18s. a dozen, with a discount of 2 1/2—I gave the money to Cross, and he gave me my commission out of it, 5 per cent., 7s. or 8s.—there may have been a few scarfs
of this description, but not these colours as far as I can recollect—the rest sold Was to Simpson's, of Farringdon Street, that was eleven dozen—this is the receipt in my handwriting (produced)—it was on 11th December, it was one lot sold for 6l. 1s. nett, that would be 11s. a dozen—I gave it all to Cross, and he gave me 6s. for selling—he was with me when I made the sale—I went into the shop, and he remained outside—I gave him the money in the street—the next sale was to Williams, of St. Martin's Court; I had two transactions with him; I can't tell the date of the first, because the goods were to be paid for in a month, and the invoice was sent by Cross, it Was before Christmas; there was two dozen and seven; the second lot was three dozen and a half at 16s. 6d., that invoice was also sent by Cross; none of it is in my writing—I don't know whose it is; I don't know Cross's writing, that was the last lot I sold; I can't tell when, it was, it was since Christmas, very likely it may have been on 27th February—I got 5 per cent, commission from Cross—I don't see any scarfs here like the last lot I sold—Cross told me he lived in Clifton Street, Finsbury, I think, I won't be sure, it was some street in Finsbury—I never went there; I always met him at the public-house, by his wish—he dined there—I sold one or two scarfs privately to a friend—I did sell as many as three, and six since Christmas to George Davis, of Oxford Street—very likely I may have sold five dozen privately, more or less—Cross told me where he got the scarfs, he said he had got a few scarfs, that a party who used to buy silk at sales used to cut them out, and his wife and two daughters made them up, and they were very much under the mark.
Cross-examined. Q. How long have you known Cross? A. For twenty years—I never knew anything against him.
ELIZABETH DAVIYM . I am the wife of William Henry Davey, a hosier, of 28, Wilderness Row, Clerkenwell—I had five transactions with Cross in scarfs, these (produced) are the invoices, I had them from Cross—on 26th November, I bought two dozen at 17s.; a dozen; on 6th January, one dozen and a quarter at 17s.; on 20th January, ten at 15s., a dozen; on 8th February, one dozen at 17s.; on 23rd, half a dozen at 17s., and ten for 11s.; I produce specimens of them—I have sold some—I paid Cross at the time; there was no discount.
Cross-examined. Q. How long have you known him? A. Between two and three years, as a respectable man.
MR. BESLEY. Q. Did you know him when he was in a situation?—A. No, I knew him as a collar manufacturer—I have bought scarfs of him before—I have had transactions with him before—I bought a few bows of him; here is one invoice, which you have not had, of one dozen scarfs at 17s., in September—he said he had them from a manufacturer who had known him for years.
WILLIAM LAMBERT WILLIAMS . I am a hosier, at 29, St. Martin's Court—I saw Cross once, when I paid him for some goods which I had previously bought of Davis; this is the receipt, it is for one and a half dozen scarfs, at 16s. 1l. 4s.; invoiced on 10th December, paid on 16th—there was another transaction on 27th February, with Davis; three and a half dozen satin scarfs, at 16s. 6d., 2l. 17s. 9d.—they were to be paid for on the 20th March—I produced all I have left—I sold some—the invoices are headed" 7, London Wall"—I believe that is the Sun public-house.
Cross-examined. Q. Did you consider 16s. 6d. a dozen cheap? A. It was cheap, certainly; I have bought some at less, taking a lot—I have
bought at half-a-guinea a dozen from wholesale houses, not the same patterns, but the tame description of goods, twisted silks—those were sold as a job lot.
ALFRED REED . I am buyer to Simpson & Co., general drapers, Farringdon Street—I gave up a lot of scarfs, all that I have left; they ware represented by the receipt that has been produced, eleven dozen at 11s.—I bought them of Davis
THOMAS WALTER TARBANT . I am a hosier, in Finsbury Pavement—I know Cross—in August I bought of him a dozen and a half scarfs, at 20s.—I paid for them at the time, and took this receipt from him—I produce some of the goods; I have since made them into ties.
Cross-examined. Q. How long hare you known Cross? A. Twenty years—I have always heard that he bore a good character.
MR. BESLEY. Q. Did you know of his dealing in Windsor scarfs before this? A. In silk goods for many years—I never bought any Windsor scarfs before—I did not know where he was carrying on business.
Cross-examined. Q. How long have you known him? A. I should think, twenty years—I always considered him an honest man.
MR. BESLEY. Q. Did you know where he lived? A. He once had a small shop in Chiswell Street, six or seven years ago—he frequently called on me when he was in different situations—I think I had a transaction with him in Windsor scarfs once before—he has been to me several times since, but I would not have the parcel opened; I was full of goods, and would not buy.
EDWARD DAVIS . (re-examined). This receipt produced is my writing—I gave my address as at 7, Wood Street; that is Mr. Dalby's warehouse—I am allowed to have my letters left there—I did not give Cross's address, because I did not know it—I conducted the sales openly; I called anywhere and everywhere: in fact, I could not sell them at one-half the price; they were out of condition, and were complete rubbish.
WILLIAM SMITH . I am salesman to Messrs. Patterson—they manufacture Windsor scarfs—we sold some to Messrs. Hellaby—this violet pattern we manufactured for them, and have not sold it to any other firm in London—other patterns we have sold to other firms.
Cross-examined. Q. You are not proprietors of the silk? A. No.
CROSS— GUILTY .— Eighteen Months' Imprisonment.
GREEN— GUILTY .— Nine Months' Imprisonment.
BUTLER— GUILTY .— Three Days' Imprisonment.
MR. F. H. LEWIS. conducted the Prosecution; and MR. MONTAGU WILLIAMS. defended Kitchener, MR. COOPER. appeared for Seager, and MR. DAVIN. for Pepelow.
JOHN HYATT . I am a carman, in the employ of Mr. McNamara, contractor—on the morning of 17th March I was on Tower Hill with a vanload load of fish—I had come from the Great Eastern Railway—I saw Kitchener, he is also a carman of Mr. McNamara's—he came up and asked me if there
was a chance of a pad of fish this morning—I said, "No, not off my van, if you want a pad of fish, you had better have it off your own van"—after that I saw Pepelow and Seager, they stood on the hill, just above where the van was—Kitchener beckoned for them, and they came up from off the hill—Seager took a pad off the van and put it on his head, and took it up the hill—Pepelow walked down away with him; they had come up to the van together—Pepelow saw what Seager did—Kitchener was not at the van at the time, he was just below it, about a yard further down, towards the tail of the van—he could see very plainly what was being done—I then left my van in charge of another carman, and told Mr. Bullock, the foreman, what I had seen, and the prisoners were given in custody.
Cross-examined by MR. COOPER. Q. What did Kitchener mean by coming to you and asking for a pad of fish? A. I don't know, I had no idea what he meant.
JOHN BULLOCK . I am foreman to Mr. McNamara—Hyatt made a communication to me, and pointed out Seager and Pepelow, and I gave them in custody—they said they had just come down, and knew nothing of it—they had nothing with them—Kitchener was afterwards brought to the station by Hyatt—I said to him, "Have you lost a pad of fish?"—he said, "No"—I told him to go down and count his load—he did so, and returned, and said, "No, I have not lost any"—an account is taken when the van is loaded at the station, and the carman signs for the quantity—I have the carman's note here—he should have had sixty-three packages—it is not signed by Kitchener—he would get it from our office.
Cross-examined by MR. MONTAGU WILLIAMS. Q. Was not what Kitchener Said "I don't think I have lost any?"A. It might have been so.
Cross-examined by MR. COOPER. Q. Have pads been missed from Hyatt's van? A. Some time ago two pads were missed, and he was called to account for it—a great number of pads have been missed from the different vans.
GEORGE NEWMAN . I am in the employment of the Great Eastern Railway Company—I counted the fish into Kitchener's van—I counted sixty-three, and gave him this list, showing that there were sixty-three different packages.
Cross-examined by MR. COOPER. Q. Were you counting a great many pads that morning? A. Yes—sometime tone, and sometimes two are employed counting—I kept my account in the ledger on this occasion—the van ought to have gone to Billingsgate.
Cross-examined by MR. MONTAGU WILLIAMS. Q. Did the van go to Billingsgate? A. I can't say—the men get something extra for being there first.
MR. F. H. LEWIS. Q. Do they get a pad of fish? A. No—the employer allows them so much—this was not one of the early vans.
NOT GUILTY .
MR. CROOME. conducted the Prosecution; and MR. LEIGH. the Defence.
unfurnished apartments at 119, Cornwall Road, Netting Hill—my furniture came up from the country on the 22nd—I saw the prisoner that day—he gave in his card, and said that he was a carpenter, and wished to unpack my things and settle me in the rooms, if I would employ him—I did not know him before—I authorized him to assist me, and he did so on the Tuesday night, Wednesday, and Thursday—he had three men the first day and five the next, besides himself—the rooms were not large enough to hold all my furniture, and some was put in a lower room belonging to the landlord till 9th January, when the prisoner took it away to warehouse it—the value of what he took away was about 30l.—there were two washing stands, a table, a wooden waiter, three basins, three sets of washstand fittings, and a lamp—he offered to warehouse them for me, and give me the key, and I authorized him to do so—on 26th December he asked me to give him 2l. on account, and I did so—he asked me for some more the following week, and I asked him to bring me the account, for I should like to settle with him—he brought this (produced)—it amounts to 11l. 12s.—I paid him altogether 7l. or 8l. on that bill—about ten days before (25th January) I received a cheque from the country, but there was some informality about it, and I was about ten days before I could get it cashed—the prisoner cashed it for me on the 25th—I gave him a letter to go with it to Messrs. Coutt's, my banker, and he brought me back 50l. 14d.—the cheque was for 57l. 17s. 4d—I said, "That is not the amount of the cheque"—he said that he had kept 7l. back for himself for work done for me—I told him I had paid off all but 3l., and I did not know what the other 4l. was for, that it was an illegal way of doing the thing, and I demanded the whole of my cheque—he said that if I employed a respectable solicitor he would tell me that it was all right, and the way that business was done in London—I pressed him for a long time for his account, and at last he drew this bill (produced) out of his waistcoat pocket, and gave it to me—it makes a balance due to him on the last account of 6l. 14s.—I am sure I paid him all but 3l. on the first bill—he had done some fresh work since, he had made a new linen press—when he handed me the bill he said, "I think we will close the account now"—after that he asked me if I would take the things out of pawn—he had pawned a great many articles of jewellery for me to raise money to pay him his bill, but no furniture—I never authorized him to part with any of my furniture; indeed, he never mentioned the word pawning to me at all; he offered to borrow some money on the things—I did not understand he was pawning, or else I should not have allowed him to keep the tickets, which I am told I should have kept myself—I afterwards communicated with Mr. McMullen, my solicitor, but before that, on the Monday, I sent for a police-inspector, as the prisoner did not bring me back the pawn tickets as he promised—on 20th February I saw some of my furniture in the shop of Mr. Alexander, which I had authorized the prisoner to warehouse for me—I had told him at one time that if he liked he might sell some of the furniture to get some more money, but I afterwards told him on no account to do so, as I should have to more into larger rooms and should want it—that was on 20th January—I sent for him on that occasion, and asked him if he had sold any, and he said "No."
Cross-examined. Q. How long have you known him? A. Only since 22nd December; I had never seen him before—he pledged clothes and plate for me, but no furniture—they are still in pledge, because I could not get my tickets till he was arrested—I found no fault with him—at the time he stopped the 7l. I only owed him 3l.—I thought his charges high,
but I did not complain about that—I did not allow him to keep back the 7l., but I did not know what to do, and sent for the inspector, on the following Wednesday, to advise me—the prisoner kept me on with promises to return my tickets for nearly a fortnight, and then I could not find him—I asked him if he knew of anyone who would lend me money, and he introduced me to Mr. Inman—I did not ask the prisoner to borrow money for me—I am married—I was married at Salisbury twenty-six years ago—my eldest son is twenty-five years of age; he is with me here—I am not separated from my husband, but I cannot live where he lives—I have my dividends, arising from my own money, from property settled on myself and children.
ISABEL HARRIET LACEY . I was staying with Mrs. Corfe, in Cornwall Road, in January last—on the evening of the 25th, the prisoner came, and I received from him 50l. 15l. 4d.—I asked him to wait while I gave it to Mrs. Corfe—she told him she was surprised at his detaining 7l. and she was sure it was illegal—he said that she owed him his bill, and he detained the money—he produced the bill after she pressed him for it, and said, "We may as well close the account"—he said that she might as well get her things out of pawn—she asked for the tickets, and he said that he would bring them to her that evening, but he did not.
Cross-examined. Q. Were you examined before the Magistrate? A. No; nor before the Grand Jury.
EDWARD ALEXANDER . I am a furniture dealer, of 13, Powis Terrace, Bayswater—on 17th February my son bought some furniture of the prisoner, at his place—I fetched them home, and paid him for them—there was a deal table, two washing—stands, some crockery, and a lamp—on 20th February Mrs. Corfe and her servant came to my shop, and identified the articles—I gave the prisoner 2l. for them.
Cross-examined. Q. Was that a fair value, in your opinion? A. Yes—I have had four persons to value them since—I think I gave quite sufficient—it was a perfectly open sale, in the middle of the day.
RICHARD HENRY BRISTOWE McMULLEN . I am a solicitor, acting for Mrs. Corfe—on 11th February, in consequence of instructions from her, I wrote a letter to the prisoner, who called at my house on the evening of the next day, with a man named Howell—I asked whether he had come in reference to my letter of the previous day—he said that he had, or rather Howell did; he introduced him—I knew Howell; I did not know the prisoner—Howell came as a mediator—I asked the prisoner if he was going to give up Mrs. Corfe's furniture and pawn tickets—he said that he was disposed to give them up on payment of his account, which he handed to me—I had asked him, "What account have you, after the detention of the 7l. for which I asked you yesterday in my letter?"—this is the account he produced; it amounts to 11l. 8s.—I asked him if he had had Mrs. Corfe's furniture in his possession—he said that he had, and he would give it up on payment of that account—I told him I thought the case was a fraud, and a mere swindle, in fact I might have used stronger words—I did not pay him the account.
Cross-examined. Q. Did he say he would not give up the furniture unless his bill was paid? A. I do not remember his saying that; he said he would give it up on payment of his bill.
possession—he laid that he would give them up if Mrs. Corfe would pay his account, 11l., I think it was—ho handed a bill to Mr. McMullen.
JOSEPH RAWLINS . I am a greengrocer, of Lonsdale Road—the prisoner came to me early in January, to hire a van—he said that he had got 150l. worth of goods, belonging to a lady, to warehouse for her, and he was doing the doll trick properly—I did not know the meaning of that then, I have inquired since, and I believe it is the foundation of a swindle.
Cross-examined. Q. Did you understand him to mean that he would do what was right to himself as well as to the person who entrusted him? A. I did not understand what he meant, he said he was doing the trick right for himself—I should have thought he meant that he intended cheating the person—I sent my son in charge of the van; I did not go with it.
THOMAS INMAN . I am an auctioneer, at 69, Norfolk Terrace, Notting Hill—on 28th December the prisoner introduced me to Mrs. Corfe, to borrow some money—she sent to me on 30th January, and at her request I went to the prisoner on 2nd February, and asked him to return the tickets and goods—he said she owed him a bill of 11l. or 12l. for work done, perhaps he would return the tickets, but he thought he ought to keep the furniture until he was paid—I do not remember anything else that passed—the prisoner is my son.
DAVID ACRES . (Policeman). I arrested the prisoner on a warrant, on 27th February, in a stable, in John's Mews, Ledbury Hill—I was waiting for him about two hours there—I had information that he lived at 3, Clydesdale Terrace, where he carried on business as a carpenter—I went there on several occasions, but could not find him—I produce a number of pawn—tickets, seven of them relate to articles of furniture, identified by the prosecutrix—there were some stair-carpet, two swing-glasses, a bow and arrows and a case—I found them, from information which the prisoner gave me.
Cross-examined. Q. I believe he told you, you would find them in a particular box in the stable? A. He did, after a gentleman at the Police Court spoke to him, and pressed him to tell me—they were on the top of a closed-up bedstead—I have a great number of duplicates, altogether about forty—they relate to Mrs. Carfe's things, but some of them are for jewellery which she authorised him to pledge.
GEORGE CROSBY . I am a pawnbroker, of Powell's Terrace, Notting Hill—the different articles of jewellery mentioned in these duplicates, were pledged at my shop—I do not know who pledged them—I have the correspomding duplicates—Mrs. Corfe has identified them all.
MRS. CORFE. (re-examined). I have seen the different articles—they are mine—the jewellery is what I gave the prisoner to pledge—I did not authorize him to pawn the fire-irons and carpet, nothing contained in those seven tickets—I received about 15l. on the jewellery; the tickets amount to 17l. 8s.,
GUILTY .— Twelve Months' Imprisonment.
OLD COURT.—Friday, April 9th, 1869.
Before Mr. Justice Hannen.
432. JAMES THOMAS GAMBIER (30), and WILLIAM RUMBLE (52), were indicted for unlawfully conspiring to obtain from Nicholas Mahon Maxwell, 30l. under the pretence of procuring for him the acceptance of a tender, submitted to the consideration of the Lords Commissioners of the Admiralty—Other Counts, varying the manner of stating the charge.
MR. ATTORNEY-GENERAL, with MR. HUDDLESTON, Q. C., and MR. HARRINGTON, conducted the Prosecution; MR. SERJIANT PARRY, with MR. F. H. LEWIS. defended Gambier, and MR. NASMITH. defended Rumble.
NICHOLAS MARON MAXWELL . I am a mining engineer and timber merchant, of 4, Allhallows Chambers, Lombard Street—on 12th January last I sent in a tender to the Admiralty for the supply of the timber for certain of the dockyards—on Friday, the 15th, the prisoner Rumble called at my office—I had never seen him before—I can tell you a portion of what took place between us, but not the whole; I made notes of what appeared to me to be material, after he had left the office—(The witness referred to his notes)—On his entering the office I said, "What can I do for you?"—he said, "That depends upon yourself"—I said, "How so?"—he said, "You have tendered for elm timber, but you won't get your contract unless you use influence at the office"—I said it was a matter that must rest on its own merits, and that if my own brother had to decide I would not ask him to do so—he said, "Well, you won't get the contract unless you give a small consideration; it is at present between you and another person who has tendered, and unless you make terms with me you will certainly lose the contract; even should you get it, you will find ft great portion of your goods will be rejected, as in the case of a new contractor for coals, who found great difficulty in carrying out his contract, which might have been avoided if he had given me 25l. or 30l. to get the matter through for him"—I replied, "I cannot help that; I shall not use or pay for any influence; I am not sufficiently anxious to get the contract to induce me to give a bribe to anyone to use their influence"—he made other observations which I cannot recollect—on leaving, he said, "Very well, I'll do the best I can for you, and after you have got the contract you will, perhaps, do something for me"—he then left, and I went and saw Mr. Brady, the Registrar of Contracts, at Somerset House—on the following day I received this note from Rumble—(Read: "Friday afternoon, 4 p.m., postmark on envelope, 15th January, 1869. The party that called on you this morning is happy to inform you that the elm contract will be given to you, except the Plymouth one; should you require any of my services to assist you in the matter, I shall be glad to arrange with you; you will find them valuable in many ways. A note addressed to William Rumble, 361, Old Kent Road, will be sure to find me. Tours truly, William Rumble.")—On Monday the 18th, he called again, about 12 o'clock—(I had written to him appointing the 18th)—I said, "Well, I received your note, but your prophecy was not correct, I have as yet received no letter from the Admiralty"—he said "But you will in a day or two"—I said "How do you know that?"—he said "I find out through my friend"—I said "He must be pretty high up, who is he?"—he said "I cannot mention names"—I said "It is not Mr. Childers, I presume"—he said "Not very far from him, though; he is pretty high up"—I said "In the event of your receiving 20l. or 30l. from me, would you keep the whole of it, or would you have to share it with any other person?"—he said "I should have to divide it with my friend"—I said "Well, as I have no official information as yet, I am not certain that your information is correct"—he said "You will see I have great influence, and when you want your accounts passed, I shall be able to show you how to do so quickly; however, I will call again in a day or so, and let you know how things are getting on"—he called again on the 22nd—he then told me that the contract was smashed up—I had offered for all
the dock-yards—he said his friend had kicked up a row about it, and laid it was not fair towards persons tendering, but the new Board was difficult to deal with—he said "They were pretty close at your heels, one was 925l. odd, and yours 914l."—he showed me a paper with the figures on, but I took down the pounds only, I did not take all the figures—he said there was a large India and China coal contract coming out, and that the last one had been lost by a penny a ton; he said he would give toe timely notice of the contract coming out, and he said "You will have a letter by tomorrow's post, or I shall bring it down to you in my pocket"—next day, the 23rd, he came again, and said "Here you are sir, here's your letter"—he then handed me this letter in this envelope (Read: "Department of the Store-keeper-General of the Navy, Admiralty, W.C. January 22nd, 1869. The Registrar of Contracts is informed that, in pursuance of their Lordships' orders, the tender of Mr. Maxwell, dated the 12th inst, for the supply of 300 loads of English elm timber to Portsmouth dockyard, has been accepted. All the other tenders received have been declined. R. Duodas, Storekeeper-General of the Navy. The Registrar of Contracts")—I asked if that letter was obtained through his influence—he said "Most certainly," and that if he had not used his influence I would not hare got it—I had also tendered for the Woolwich, Chatham, Sheerness, and Devonport contracts—I asked him how it was I had not got that—he said I was much better without it; that they were great humbugs down there, and there was great difficulty in getting stuff in—he said he would let me know when I would he publicly called on to deliver any of the wood—I asked him to call on Monday—he said he was going to Staffordshire, and could not call again until Monday week—I made an appointment with him for the Monday week—on that day he came, but I 'did not see him, and he called the next day, which was the 2nd of February—I had then received three 10l. notes, in a letter from inspector Clark, from Mr. Brady, the Registrar of Contracts to the Admiralty—Rumble called on the 2nd, and said I should have the papers that night—I asked if he would introduce me to his friend—he said he could not do that, but he would invite me to dinner, and I could meet him casually, in the same way as was arranged with some Birmingham firm—I asked if he would have to divide anything with another—he said, "Yes, two"—I said, "Two besides yourself?"—"No," he replied; "one besides myself"—I then handed him the three 10l. notes, saying he could look at them when he got out of the office—on Wednesday, the 3rd, I saw him again, and he said I could go up and sign the contract, and send in the wood as soon as I liked, and that I would get my money in four days afterwards—he added, "He was much pleased, and will give you some larger things when he knows what line you would like."
Cross-examined by MR. NASMITH. Q. When did you write this first memorandum? A. About five or ten minutes after Rumble had left my office—I produced this paper at Bow Street—I do not recollect Mr. Lewis saying to me, "There is nothing in this paper about your brother"—I furnished Mr. Brady with a copy of this, some of it—at least some on one occasion, and the rest he had, I think, on another occasion—I have given no copy to anyone but Mr. Brady—(looking at a paper) this requires some explanation—Mr. Bristow wrote and asked me for a copy, of the memorandum that I had made at the time, a memorandum of the evidence I had given in Court—I had got a copy of what I had sent to Mr. Brady, which only extended to a portion of it, not the white sheet, only the foolscap, and that I
told my clerk to copy and to send to Mr. Bristow, and that is it—I recognise my clerk's writing—when I first appeared at Bow Street I read my evidence to Sir Thomas Henry from that paper—I was cross-examined, and I admitted that the account I had given was not a full account—I stated that I had communicated with Mr. Brady about half an hour after Mr. Rumble left—I did not show Mr. Brady the notes I had taken, I left them in my office—I did not then for the first time recognize a note of the 19th, I had forgotten it—I said I had only received one, whereas I had received two—this is the note (Read; from William Rumble to the watts: "Old Kent Road, Jan. 19, 1869. Dear Sir, I am requested to inform you that you have not been instructed with reference to the above in consequence of pressure of business, I will call in the morning")—I stated that I would not undertake to say that when Rumble called he did not say, "I believe this is the first time you have contracted"—I believe he said he was in a position to render me assistance in carrying out the contract—he may have said that I should have a great deal of difficulty in carrying the contract through, and that he could help me; I have no recollection of it—if I said so before, no doubt he did say so—I believe I said in reply, "I have my agent, and I do not need your assistance"—I should think that the interview on the Monday did not last longer than five minutes—when I asked him as to the sources from Which he obtained his information I believe he said, "You must not ask me questions as to who my friends are"—on another occasion he told me he would let me know when the timber was to be delivered—I said fiat my cross-examination that, at the interview on 2nd February, I went to my safe and brought out my cash drawer, placed it on the table, and sat down opposite to him—I did not say to him, "Now, if I give that which is there, pointing to something in the cash box, I won't tell you what it is, what shall you do with it?"—I did say, "Supposing that I gave you something, do you keep it all to yourself, or divide it with someone else," or words to that effect—he said he would divide it between two—I thereupon handed him the three 10l. notes—I do not recollect that they were in paper—I cannot say that they were not in an envelope—I said to him, "You can look at them when you get out"—I asked him to introduce me to his friend—he said he could not, but he would arrange to do so at a dinner—I don't think he said anything about getting up a dinner for the purpose—he very likely said on leaving the room, "If you want anything, let me know"—the value of the timber for the contract I got would be about 900l. delivered—the profit upon that is very doubtful, I cannot give any idea what it is going to be yet—I had no elm timber in stock at the time I tendered for the contract—I had not been advised to have an agent in this matter, I had an agent—I can't say that I was advised to have bun—I acted upon my own judgment in employing him—it is James Roberts—I believe he has been a Government contractor, but not within my knowledge—I am not aware that he has not had any contract with Government for some time—I really don't know anything about it.
Cross-examined. by MR. SERJEANT PARRY. Q. You said you had employed an agent for the purpose of this contract, is that sot A. I had—it depends upon circumstances whether it is usual to employ an agent—I have got ether business to attend to, and I employ him, and pay him for it by the day or job—I might have to employ an agent lawfully for such a purpose, my time is very much occupied—I have several other things to attend to—mining engineering, and managing of mines; my
hands are very full—in order to carry out my contract with the Government, I should have to employ an agent—I had not tendered before, this was my first contract—I believe it is very usual to employ agents in contracts—one of the advantages of a Government contract is, that you can held a certain amount of stock for twelve months; but if your goods are rejected, and you have a great deal of trouble in carrying your contract out, it is very awkward, and for that purpose, to assist you in carrying it out, I should think an agent may be lawfully employed.
MR. HUDDLESTON. Q. What would the agent do; what would you employ him for! A. I should employ him to see to the felling and hewing of the trees, and afterwards in passing them through the dockyard—that is after I have obtained the contract, to see after the delivery—after Rumble left me I took down as much of the conversation as I thought material—I have given, to-day, the full purport of the memorandum.
ANTONIO BRADY . I am Registrar of Contracts and Public Securities to the Admiralty—my office was at Somerset House; it has been removed now—up to 17th February the prisoner Gambier was a first-class clerk in the Storekeeper-General's Department, and occupied room No. 15—when a tender is made by a person who is desirous of contracting with the Admiralty for a naval contract, it is put into a box, which is opened in the board-room, at the time appointed, in the presence of the Storekeeper-General of the Navy and a Lord of the Admiralty—in the usual course, the lowest tender is accepted on the spot—a formal contract is then made—we call the man, or his agent, into the Board Room, and tell him his tender is accepted, and he signs a memorandum in the Board-books—I read the tender, and it is taken down as what is termed a treaty paper, end a minute is made to accept, under* the proper column—the tender is taken down on the treaty paper by one of the Lords of the Admiralty, and on a duplicate by the Storekeeper-General—I have here the treaty paper of this particular contract—that is the same kind of paper tempt to generally used for the purpose—there is a column indicating the prices at which the various persons have tendered; their lordships then consider which tender should be accepted, and when they have determined that, a minute is made under the man's name, "Accept this tender"—one twisty paper is initialed by the Lord of the Admiralty present, and the other by the Storekeeper-General—this was a special case, this was not accepted at the time—in oases where it is not practicable to accept on the spot, as for instance in this case, where the prices have to be calculated, to see which is the lowest tender, the parties are told they will be written to—when the contract is accepted, a minute goes to the Storekeeper-General, who instructs his clerk to write to the contractor, telling him of the acceptance of his tender—the minute is on this paper—the whole of the papers go together, tender and all—those papers, in the ordinary course, would find their way into room No. 15, where Gambier was; if they weft to White-hall to be decided, they would come back to the Storekeeper-General; the register clerk would open them, and he would then take the direction of the Storekeeper-General, or his chief clerk, what to do; but Mr. Girdlestone can tell you better than I can the detail of his own of tee; it to not in my department—in this instance the various tenders were taken up to the Contract Office, for the prices to be calculated, to see which was the lowest—I have here the different tenders which were sent in—I took them up to the Contract Office; they were opened on 12th January—Mr. Maxwell's
tender, for Portsmouth, was, 914l. 11s. 8d.—I believe the next was 925l. 10s.; but I have not cast it up, and do not speak of ray own knowledge—I produce the original treaty paper in this case, that is taken down before the calculations are made, after the reading of the tenders—I, myself, took the tenders to the Contract Office, to be calculated, and after that the Contract Office reports the lowest tender—I happened to be out of the room when Sir Spencer Robinson came down to decide them, and my chief clerk, Mr. Stewart, took them down in his own hands to the Storekeeper-General and Sir Spencer Robinson, on the 13th; no conclusion was come to at that time with reference to the acceptance of any contract—they were going to shut up one or more of the dockyards, and ultimately Portsmouth was the only one accepted—I was not present when that conclusion was arrived at; I knew nothing of the transaction until I got a memorandum from Mr. Dundas to draw up the formal acceptance; that was on 22nd January, I think—between the 13th January and that date I knew nothing of the contract—I drew the formal contract, which was duly executed by Mr. Maxwell and his surety—on 15th January, at 1.30, Mr. Maxwell called upon me; in consequence of what he said, I communicated with Sir Spencer Robinson, the head of the Store Department, and Mr. Dundas, and by their direction, I went to Scotland Yard and employed Inspector Clark—I afterwards gave Clark a cheque for 30l., with instructions what to do with it.
Cross-examined by MR. SERJEANT PARRY. Q. I notice that Mr. Maxwell's tenders were the lowest for Woolwich, Chatham, and Sheerness? A. They were—they were not accepted, because we did not want any tenders there, in consequence of the alteration in the estimates—I can't say what was the earliest moment at which the fact of Mr. Maxwell's contract being accepted would be known in the office—the first I knew of it was the minute of Mr. Dundas to accept the tender—Sir Spencer Robinson can tell you better than I, he took the tender in his own hands to Whitehall, I think on the 13th January—I first knew the fact on 22nd January, not before, except from a note from Sir Spencer Robinson, earlier in the day, that he had made the minute—he told me that himself, in order that I might communicate with Inspector Clark to be in attendance at Mr. Maxwell's—the clerks in the office who made the calculations would see which was the lowest tender on the 12th—these calculations were made on the 12th and 13th—I think only two clerks in my office would know it—they made the calculations—the decision of the Admiralty with respect to the contracts would be first known at my office by Mr. Dundas's memorandum of 22nd—between the 13th and 22nd I knew nothing—we never allow these papers to go by the hands of a messenger—the two clerks I have spoken of are confidential clerks in the Contract Office at Somerset House—the first we hear of it is this memorandum, it then goes into Mr. Dundas's department, for Mr. Gambler to write the letter to the contractor—all the papers go to Mr. Dundas's office—Mr. Gambier's initials are in the corner of this letter—he would probably know of this on the 22nd—I don't think many other persons would know it as well, I don't see how they could—Mr. Gambier was second chief clerk in Mr. Dundas's department—Mr. Girdlestone is chief clerk, and Mr. Gambier was first-class clerk of the second section.
COURT. Q. You got that document with the other papers, as you say, that informs you that the tender is accepted, and then the next thing is for the papers to go into Mr. Gambier's office to write the letter; is that so?
A. It has been there before I got this, became this if written in Mr. Gambier's office.
MR. ATTORNEY-GENERAL. Q. Does that paper come through Mr. Gambier's office before you get it? A. Yes; precisely so—(Read: "22nd January, 1869. The Registrar of Contracts is informed that in pursuance of their Lordship's orders, the tender of Mr. Maxwell, of the 12th inst, for the supply of 300 loads of elm timber for Portsmouth dockyard, has been accepted. Signed, R. Dundas, Storekeeper General. J. H. G.")—I believe those to be Mr. Gambler's initials, but Mr. Girdlestone will tell you—Mr. Gambier is the corresponding clerk—that letter would come up to him by one of the messengers from Whitehall—it would come under cover, addressed to the Storekeeper General—I imagine the record clerk would open it, but I should prefer Mr. Girdlestone telling you the details of his own office—this is the authority to me to draw the contract—this is written at Somerset House, in Mr. Gambier's office, and sent up to my room by a messenger—my clerks see it—after the matter is concluded it is all public—Mr. Dundas's office was at Somerset House—this letter was written in the office—it comes through Mr. Gambier, at least through his office; he is the chief clerk of that branch—I don't know that these are his initials, I can't speak to them—when I get this document I draw the formal contract, and summon the contractor to sign it—I did not summon Mr. Maxwell that day—I have the contract here that I drew up—I first of all put it in the hands of a clerk who has charge of that duty in my department, to write a letter to inquire into the solvency of the proposed surety—I do not send this back to Mr. Gambier to copy, I keep it as my authority—I do not send anything to Mr. Gambier after that, not till we send the formal contract to be copied—that gives instructions to the dockyards to receive the timber—I don't recollect who the clerk was who wrote that paper, I think it was Mr. Heath—it is a regular printed form, and merely has to be filled up and sent off—it was Mr. Dundas's duty to write to the contractor, announcing that his contract had been accepted—I believe Mr. Gambier would have to do that—that memorandum informs me that they have done so—that would be done before it comes to me—this memorandum informs me that a letter has been written under the direction of Mr. Gambier to the contractor, announcing that his tender has been accepted.
Cross-examined by MR. NASMITH. Q. How long have you been in the Admiralty? A. Thirty-seven years—I can't tell you how many officers there are in connection with the Admiralty, it is a very large department—I can't say how many clerks there are, I should think from 180 to 200—I receive applications from time to time for information about contracts—mine is the proper office for them to come to make inquiries—persons may make a mistake and go to the wrong department—possibly that may be frequently the case—I believe agents are very commonly employed in connection with these offices—I have never myself advised a contractor to have an agent—I never gave any advice to any contractor in my life—I have been making inquiries concerning the prisoners in relation to these transactions since this matter—it is not a common thing to give out these letters of acceptance to persons applying for them—the course is this: if a man wants to tender for a contract, to give him the printed form, which contains all the necessary particulars for him to make the tender—persons are invited to come and get these papers.
Q. Suppose a person comes to the office to ask tome questions about a
matter he has in hand, and there has been a letter written on the point, is it not a common thing to say, "Here is the letter," and to let him take it away? A. I never knew it done, it may be.
MR. ATTORNEY-GENERAL. Q. At all events, you never knew it done? A. Certainly not, and I certainly never did it.
HENRY HOUGHTON . I am a clerk in the Storekeeper-General's office, Somerset House—Mr. Gambler was, in January last, a clerk in the first class, second section, of the Storekeeper-General's office—there was one clerk above him, Mr. Girdlestone—when a tender is opened a minute is made and sent out to be acted upon—I do not know anything about the tender; I have nothing to do with it, I simply act upon the minute made—Gambier was in the first class, second department, and the tender would go to him for distribution in the first instance, in the course of business; he got as early information as anybody—it would go to him at once when it was accepted, and he would have to act upon it; to write a letter to the contractor—it would come to him, and he would send it to the proper clerk, a gentleman at the correspondence desk—Mr. Dixon and I were it the correspondence desk in January—this R. D. indicates that the tender is accepted; it is what we call an acquaint—this is the result of the minute, not the minute itself—the minute would go to Mr. Gambier'a office for distribution—there are several branches of the office, and paper go to one or the other according to the nature of the business—Gambier would simply send it on to be acted upon; that is, writing a letter to the contractor—before that document there would be a minute, which would go to him; he sends the minute to the correspondence clerk, who writes the acceptance, I which is sent to the Storekeeper-General for signature; after he has signed it, it goes to the Record office, to be copied and dispatched—it ought, in the course of business, to go to Mr. Gambier again after it is signed, and he sends it on to the Record office—it is usually dispatched by post—envelopes are kept in the office, with the Admiralty stamps on them, everyone employed in the office has them—I should not let anybody who called in carry off an envelope—I have no recollection whether this particular contract was accepted on the 27th.
Cross-examined by MR. SERJEANT PARRY. Q. Before that letter of the 22nd, would it be known at your office that the lowest tender had been accepted? A. Not before the minute was made—this minute, "Sir, I have to acquaint you, that the Lords Commissioners of the Admiralty accept of your tender," &c., was written by Mr. Dundas to Mr. Maxwell—Mr. Romaine it Secretary to the Lords, he may write a letter stating that the lowest contract has been accepted, but I know nothing about the cats in point—if anyone tendered for a contract, or his agent calls to inquire if there is a letter for him, I should not think it would be given to him, we should send it rather through the post—if I had a letter from the Store-keeper-General, for a person who had tendered, informing him that his tender had been accepted, I should not give it to him if he happened to call, or his agent—I only know Gambier officially, he has borne the highest character since he has been there—these initials are Mr. William Dixon's; it is his usual signature.
THOMAS BOLTON GIRDLESTONE . I was a clerk in the Storekeeper's department, Somerset House—I was not in the same room with Mr. Gambier—I am in the Record room—when a tender has been accepted, the Storekeeper-General writes to the person tendering, accepting his contract—it is then
"distributed" in the office, and the messenger copies it by machine, under my directions—Mr. Houghton would fill it up—it then goes back for the signature of the Storekeeper-General, and when the papers come out of his room they are distributed to the general branches, and they come to the department I was in—the Storekeeper-General brings them to the different offices, where they are put in pigeon holes, and the messenger brings them round—when a letter is written to a contractor, informing him that his contract has been accepted, it comes to my room, and I give it to the messenger to copy, by the press which stands in the room, and when he has copied it he gives it to me, I fold it up, put it in an envelope, and put it in a basket for the messenger to take it to the post—the envelopes are marked "Admiralty," and "On Her Majesty's Service," in all the departments—I do not lick them up, the messenger does that—I put them into the basket open, it stands behind the door, for the letter in it to be taken to the post—one evening during the last fortnight in January, Mr. Gambier came into my room—I cannot fix the date—I believe I bad just given the letters to the boy to copy when he came in—it was usual for him to come in in the day, on business, but not if he did not require anything—I do not think he required anything that evening—being in the office, he could have taken the envelope out of the basket—the last entry but one in this pocket book "February 2nd, M——"doss not look to me like Mr. Gambler's writing, if I had only the paper pat before me, I should say it was not his writing—the other entries are more like his, and I believe them to be his—I cannot undertake to say whether this is different from them or not, it looks rather different to me.
Cross-examined by MR. SERJEANT PARRY. Q. Do you atall fix the date when Mr. Gambier came into your room? A. No further than that it was the last fortnight—he was frequently in the habit of coming into my room, and so were other clerks—we were on friendly terms—I remember the particulars because he assisted me to fill up the letters—I really mean to say that when I put a letter in an envelope, I do not continue the process by moistening it—there are a great many letters, and the messenger has to do it—I should not allow him to look at the letters if I knew it.
Cross-examined by MR. NASMITH. Q. Are you in the habit of being asked for information? A. By clerks in the office, but never by strangers about contracts—if a contractor came and asked me for information, I should refer him to the head of the department.
MR. HUDDLESTON. Q. Do you say that Gambier assisted you in putting the letters into the envelopes? A. Yes, it was the messenger's duty to wet the envelopes, and gum them.
PHILIP HENRY SOULLIER DEPREZ . I am a clerk in the Storekeeper-General's department, Somerset House—I act in the Record room—I am acquainted with Gambier, and know his writing—I believe this letter to be his writing (Read: "February 3rd. Dear Bumble. The Hirwain and Aberdare coals were on the list, but were struck off. There have been two or three applications to have them replaced on the list, but they have met with refusals. It would be well for Mr. Derry to call with a representative of the company and see the Storekeeper-General. This would set the ball a rolling, and we could manage to get the coals on the list again without doubt Yours truly, J. T. GAMBIER.")
Cross-examined by MR. SERJEANT PARRY. Q. As to the letters addressed to contractors, have you known at all whether they have been handed to persons
tendering? A. I was the correspondence clerk some years ago, and when contractors called in to inquire as to their tenders, they were told that they would receive a letter in course of post, and if it was ready it would be handed to them—that is all in the way of business, there is nothing wrong in it—contractors do not generally call themselves, they send agents—it is very common to employ agents about contracts—before this letter of 22nd January, stating that the contract had been accepted, earlier information would come from the secretary, Mr. Romaine—his letter is dated January 20, and was received in the Storekeeper-General's department on the 21st—when a contract has been accepted, it becomes known to a good many people in the office—there is no order to keep it concealed, and the information might be given very innocently—the storekeeper would probably go in and see the chief clerk, and tell him that the letters were to be written.
MR. ATTORNEY-GENERAL. Q. You said that earlier information in this case was received from Mr. Romaine, are you speaking of this occasion? A. Yes, the order issued by Mr. Romaine is signed 20th January, and was received in the Storekeeper-General's department, Somerset House, on 21st January—it is my duty to open the letters of a morning—I have got that letter in my pocket—it came closed in an envelope—(This was dated "Admiralty, 20th January, 1869," to the Storekeeper-General, stating that their Lordships accepted Mr. Maxwell's tender for elm timber, signed W. G. Romaine, and on the back was the following minute: "Accept Mr. Maxwell's tender for Portsmouth Yard. 21st January, 1869")—All that is in Mr. Nelson Girdlestone's writing—he was the chief clerk, and the superior officer to Mr. Gambier—he is now superintendent of stores—it is signed by Mr. Dundas—I wrote "Mr. Gambier" on it, that indicates that it is to go to Mr. Gambler—it does not follow that it went to him on the 21st—he may not have initialed it till the 23rd—he was aware of it on the 21st—it was his duty to attend to the estimates—I wrote "Mr. Gambier" on it to indicate that he should see it, but he would be aware of its existence immediately it was received in the office—he would communicate with the chief clerk every morning, and in all probability he would be told, or else see it himself—he communicated with the chief clerk hourly, and every morning before 11 he went through the morning papers with him—everyone in the department was in communication with him.
COURT. Q. The chief clerk being who? A. Mr. Nelson Girdlestone—he ordinarily used to sit in a room with the Storekeeper-General and the Superintending Lord, and the three formed a sort of committee—Mr. Gambier sat in a room by himself, Mr. Nelson's duty would be to superintend directly, and Mr. Gambler's indirectly—Mr. Gambier was the second chief clerk—the subordinate clerks in the other branch would not know anything about the tender being accepted, because it would be out of their way of business, but those connected with the case would know it very soon—Mr. Gambier was intimately connected with it, because he was preparing supplies for the year—he would hear at once, on the 21st—there would be no necessity for the inferior clerks to know on that day—I probably opened it myself on the 21st, and the chief clerk would know it—I do not know of anybody else who would know it then, but the papers would go from office to office, and even the messengers might see it—it would be known in the ordinary way to myself, Mr. Nelson Girdlestone, and Mr. Gambier, and it might be known to somebody else—I do not know the date of the minute, I am speaking of the order—we call the letter received from the Admiralty the order,
that signed by Mr. Romaine—it would probably be known at the correspondence desk on the game day.
MR. ATTORNEY-GENERAL. Q. How many clerks are employed at the correspondence desk? A. Two—it would not be known to anybody else in the ordinary course of business—I have never been employed at the correspondence desk—it would not be in the ordinary course to deliver a letter to a person who called, but it has been done by the chief clerk, by order of Mr. Gambier; it might be given to a person well known to the Admiralty, but not to a person who was not well known—I had never heard Mr. Maxwell's name before; I suppose Mr. Rumble was known, but not in that department; he had nothing to do with that department at all.
NELSON GIRDLESTONE . I am chief clerk in the department in which Mr. Gambier was—in the ordinary course I am the person who would write the minute on the back of this order which came from Mr. Romaine; it is signed by the Storekeeper-General, and proceeds in the ordinary course—it is initialed by Mr. Duudas, the rest is mine.
Cross-examined by MR. LEWIS. Q. Have you known Mr. Gambier officially and socially? A. Yes—I never knew his character to be otherwise than good.
Cross-examined by MR. NASMITH. Q. If you were to see a letter in the box addressed to a friend of yours, you would not think it any harm to take it? A. No; but it would be considered an official impropriety to do so—I have frequently been asked for information, and by Rumble—I have no recollection of his asking any improper questions—I know as a fact that letters have been given to persons applying for them.
Cross-examined by MR. SERJEANT PARRY. Q. Whatis the usual class of in-qniries, as to contracts? A. Contractors frequently come to ask a number of questions in reference to their existing contracts, not as to whether they have been accepted, but details as to carrying them out—they employ agents for this purpose; that is the rule—I should say many inquiries are made about matters of detail which it is essential for the contractor to know, and which he can only know by inquiry there or at the dockyard; and when I know that the inquiries are made in good faith I answer them—persons who have made tenders come in anxiety to know whether their tenders are accepted, and if they have been I should say so.
MR. HUDDLESTON. Q. Letters are sometimes given out to persons applying for them, but are they given to strangers? A. No, to accredited agents; but chiefly to the parties themselves, when the matter is decided, when it is no longer a secret.
THE HONOURABLE ROBERT DUNDAS . I was Storekeeper-General to the Navy, in January—I was present, on 12th January, at the opening of tenden for timber—Lord John Haye, one of the Lords of the Admiralty, was present at the same time—I took down some particulars on paper—the tenders were first calculated in the central office, to ascertain which was the lowest, and an order of the Lords of the Admiralty was sent down to accept the lowest tender—I passed the papers on to the Board of Admiralty—I never saw Mr. Rumble in my life till I saw him at the police office; and any influence by him, or anybody else, was out of the question.
Cross-examined by MR. SERJEANT PARRY. Q. I suppose, as far as you know, the character of Mr. Gambier was good? A. I always believed him to be a man of honour.
Navy, and one of the Lords of the Admiralty—this tender of Mr. Maxwell's came before me, as the Lord attending to the Store Department, and after consultation with Mr. Baxter, it was accepted—Gambier or Humble had nothing to do with influencing my judgment in any way whatever.
Cross-examined by MR. SERJEANT PARRY. Q. He could have no possible influence with you? A. Certainly not with me, and I do not believe he could with anybody else; I think it is perfectly impossible.
Cross-examined by MR. NASMITH. Q. Have you been many years in the Navy? A. Yes—it is customary, when an officer leaves his ship, for the commanding officer to give a testimonial of his conduct. (THE ATTORNEY GENERAL. objected to any documentary evidence to character, and the testimonial was not put in.)
WILLIAM EDWARD BAXTER . I am Financial Secretary to the Admiralty—Admiral Sir Spencer Robinson consulted with me in reference to Mr. Maxwell's tender, and, in consequence of that consultation, we accepted it—neither of the prisoners had anything to do in influencing my mind to accept it.
GEORGE CLARKE . (Police Inspector). On 15th January I received instructions from Mr. Brady, and communicated with Mr. Maxwell—I made an arrangement with him that Rumble was to call there on 18th January, and I went there about 12 o'clock, and saw Rumble, but he did not see me—I was in a side room, and he might have seen me if he had turned his head, but he did not—he went into an inner room, and remained there, I should think, about ten minutes—he went in and saw Mr. Maxwell, and I heard Mr. Maxwell say, "I received your note; your prophecy was not correct, I have not received a letter"—Rumble said, "But you will in a day or two"—Mr. Maxwell said, "How do you know that?"—Rumble said, "I found out from my friend"—Mr. Maxwell said, "He mutt be high in office"—Rumble said, "I cannot tell names"—Mr. Maxwell said, "It is not Mr. Childen?"—Rumble said, "Not very far from him"—Mr. Maxwell said, "Have you to share?"—Rumble said, "Yet, with my friend"—I was not in the room with them—I was in the passage, and the door was open—nobody was there but Mr. Maxwell and Rumble—I did not hear the whole conversation—I left some minutes before Rumble, thinking he was going to leave—in consequence of instructions I received, I kept a watch on Rumble—I saw him at Waterloo Station on 20th January, about 10.15 or 10.20 am, walking about the platform of the Richmond line, and about 10.30 Gambier, who I did not know before, left one of the trains which came into the station, came out at the wicket gate, and Rumble went up to him and commenced a conversation—they walked down the back stairs into York Street, and over Waterloo Bridge into Lancaster Place, and there they parted, and Gambier went into Somerset House by the entrance in Lancaster Place—I did not hear what they said, but they were in close conversation, and frequently stopped—I saw them next morning, the 21st, at the same place and time—Rumble was waiting with another person, a stranger to me at that time, but who I now know—they waited till about 10.30—Mr. Gambier arrived by the train which came into the station, and Rumble ran to speak to him, and turned to the strange gentleman and introduced him to Mr. Gambier, I only judge from the action—they then all three walked the same way in conversation for twenty or twenty-five minutes—it is a little more than half a mile—Mr. Gambier then went into Somerset House by the same entrance, and the other two went away—on 23rd February I saw them all three again at the
Waterloo Station, and again on 10th February, when they met about the same time; the tame gentleman was with Rumble, and they were joined by Gambler at he left the train; they walked over Hungerford Bridge, and remained in conversation at the bottom of Villain Street about a quarter of an hour—the third person was a Mr. Diokeneon, a manufacturer of Birmingham, he has nothing to do with the Admiralty—Mr. Gambier then went to Somerset House by way of the Thames Embankment—Rumble went to various places in the City that day—the next time I saw them was the 17th, when I apprehended them—I went to Waterloo Station at 10 o'clock, and shortly afterwards Rumble came, and remained there till 10.30—Gambier left the same train, and joined Rumble on the platform; I said, "Mr. Rumble, Mr. Gambier"—they turned round, and I said, "I held a warrant from Sir Thomas Henry, to apprehend you, I will read it"—Gambier said, "Oh, not here, let us walk away"—I walked away with him till we got out of the station; I called a cab, and then read it to him—after a minute or two Gambier asked me what course would be pursued—I said that I was to take them to Scotland Yard, and from thence before a Magistrate—I took them to Scotland Yard, and then asked Rumble what he had got on him—he pulled this memorandum-books out of his pocket and gave me—I found all these papers in it, and among them the latter which has been read—I have examined the book very carefully, and find various entries in December, and on February 2nd this entry, "M—x—l, 10l."—on 29th January I got a cheque from Mr. Brady, which I cashed, and got three 10l. notes for it, which I gave to Mr. Maxwell on Tuesday 2nd February, about 12 o'clock in the day—these are the notes (produced)—I took the numbers of them, but I know them apart from the numbers.
EDWARD SAYER . (Detective Sergeant). On 1st February I was watching, and saw Rumble at Waterloo Station, about 9.40—Gambier appeared about 10.30, they met, and entered into conversation; they went over Waterloo Bridge into Lancaster Place, where Gambier went into Somerset House, and Rumble went away—I saw them again on the 2nd, 4th, 5th, 10th, 13th, 15th and 16th, about the same time, and in the same way—another person was with them on the 2nd and the 5th of February.
RICHARD ADYE BAILEY . I produce three 10l. notes, No. 24974, May 9th, 1867; No. 47543, 20th August, 1868; and No. 50259, 21st September, 1868—No. 24974 was issued at Liverpool, and paid into the Bank of England by the City Bank on 19th February—No. 47543 was paid into the Bank of England by the Imperial Bank; and No. 50259 was paid in on 3rd February, by Barclay & Co.
HENRY CHARLES HIND . I am a clerk in the Church of England Insurance Office, Cheapside—Mr. Gambler's life wee Insured in that office—on 9th February, the 10l. note, 47543, was paid in, to the credit of his account, in respect of his insurance—I made this memorandum on it at the time, 9821, which is the number of Mr. Gambler's policy, and the date I received it, "9th February, 1869"—I do not remember whether he brought it himself—I had made out my cash for that day, and it was kept till the 10th; but I took the number of it, which I have here, and after making the cast up, I took it to another part of the office, where all the cash from all the departments was made into one sum; it was then stamped with our office stamp, and paid into the Imperial Bank.
Mr. Rumble a 10l. Bank of England note—I did not mark it, but give it to a clerk named Cooper to get it changed—this is it (produced)—I know it by Cooper's endorsement, he brought me back the change, and I paid the difference between the note and the amount of the bill to Rumble.
JOSEPH BOYS . I am assistant to Mr. Hilditch, a warehouseman, of 155, Fleet Street—I received this 10l. note, 24974, from Rumble on, I believe, February 16th—here is my writing on the back of it—I paid it to one of the cashiers at the desk at the City Bank, Mr. Hilditch's bankers.
MR. NASMITH. called
Cross-examined by MR. ATTORNEY GENERAL. Q. What time? A. About 3rd or 4th January.
The prisoners received good chancier*.— Guilty.— Eighteen Months' Imprisonment, each.
NEW COURT.—Friday, April 9th 1869.
Before Mr. Recorder.
The prosecutor did not appear.
NOT GUILTY .
THIRD COURT.—Friday, April 9th, 1869.
Before Mr. Common Serjeant.
434. ALFRED OSBORNE (28), HENRY JACKSON (27), and WILLIAM KELLY (25) , Breaking and entering the dwelling-house of William Mother, and stealing a dressing case, a coat, and other articles, his property, to which JACKSON and KELLY PLEADED GUILTY .
MR. DALY. conducted the Protection.
WILLIAM DAVIS . I lived at 16, Great Russell Street, Bloomsbury, on 7th March—on that afternoon, between 5 and 6, I saw the three prisoners sauntering about Russell Street—it was about 5, when I first saw them—they were walking backwards and forwards for the distance of about three houses—I saw them all three go up to the street door of 109, and they appeared to try the door by some means—the house was exactly on the opposite side of the way—I was at my sitting room window—Osborne then went to the railings, and looked into the kitchen window—they then joined company, and stood talking within a short distance of the house—after a time they separated, Jackson and Kelly went to the door of the same house again, Osborne went as far as the next house, and then crossed the road in a circuit to the opposite side of the way, and returned opposite the house where the others had gone up—they did that six or seven times, joining and separating again—I concealed myself behind the window curtain—I saw Jackson and Kelly go up to the door of the house, and Osborne took the same circuit
as before—I heard something map at the door—it was opened and closed again—they did not go in—they then joined Osborne again—they had a conversation, and then crossed the road again—Osborne remained opposite the house—Jackson and Kelly went into the house, and closed the door behind them—I saw the reflection of a light immediately they got in—previous to their entering the house I had seen a policeman pass—I went down stairs, and as I left my house I saw Osborne in the doorway of the house the other two had entered—I stood there a minute or two, and then sauntered down Great Russell Street until I came to George Street, and then I ran to the station and asked them to send two constables immediately—I came back with four officers, and Osbome was then standing opposite the house—I pointed him out to the constables—they took hold of him—he said "What are you about, you are mistaken" and tried to get away—he said "He was only walking about—I watched them fully an hour.
Prisoner. Q. At Bow Street, which prisoner did You say you gave into custody in the street? A. In the first instance I said Jackson, I corrected myself afterwards—I lire on the second floor of the house opposite—I drew the curtains close—I saw you looking about, and I thought I had better conceal myself—you appeared to be on the watch.
FRANCIS BRADLESTONE . (Policeman E 80). About 6.30 on the evening of 7th March, I was fetched, with three other constables, to Great Russell Street—Osborne was pointed out to me—he was directly opposite 109, Great Russell Street—I went up and asked him what he was doing there—he said he was walking along—I told him I should charge him with being concerned with two other men who I believed at that time to be in 109—he said "Can't I walk along here as well as you f—I handed him over to the other constables, and they took him to the station—I then went into No. 109, and saw Kelly and Jackson were coming down the stairs—Kelly had a box under his arm, and a taper in his right hand—Jackson had a bag in his right hand, and a small box in his left—these are the things (profit Had)—they went into a room on the first floor, and fastened the door—I forced my way into the room, and found the things strewed all over the room—Kelly was on the left side of the window cill, and Jackson on the right, outside the window—they got out at the window—this diamond ring was in the dressing case—the contents of the dressing case were all over the room—I found the bag just outside the door.
Otbornt. In which direction was I going? Whiteout. 'From Tottenham Court Road towards the Museum—your face was towards me—it was just dusk.
WILLIAM MATHER . I live at 109, Great Russell Street, Bloomsbury—about 2 o'clock, on 7th March, I left my house quite safe, but with no one in it—when I came back I found it had been entered—I have seen this property before, it is mine—I saw the things scattered all over the room, they had been removed from their ordinary places.
Winter for the Defence.
WILLIAM KELLY . (the Prisoner). There was another man with us on the evening of the robbery—it was not Osborne—Jackson was with me—I said at the station, "They have taken Osborne for Ned." he took no part in the robbery.
Cross-examined. Q. Are you on ticket of leave now? A. Yes—I have had four years from Clerkenwell, and six years before that.
Witness in reply.
JOHN DOWDELL . (Policeman F 12). Previous to 7th March, I have seen these three prisoners together—I saw them on the 4th—I have known them for some time—on the night of the 4th, I went with other officers to 23, Tower Street, Seven Dials, in search of some property—we got inside the house and made a search—I heard a noise in the street, and saw Osborne come running to the door; it was ajar—I was talking to a ticket of leave man at the time—he said to Osborne, "You are mistaken, you have come to the wrong number"—Osborne said, "I think I have"—he was about to leave—I took him by the shoulders and pulled him into the house, and closed the door—I heard someone talking loudly outside—I slipped out at the door, and said "Don't make a noise out here"—it was the other two prisoners—before they saw who it was, I pulled them in and shut the door—they were searched, and property was found—I have seen them together on several occasions at this place, 23, Tower Street.
He was further charged with having been before convicted on 15th December, 1862, to which he
PLEADED GUILTY. **— Ten Years' Penal Servitude.
JACKSON and KELLY also PLEADED GUILTY. ** to previous conviction, Jackson in 1861, and Kelly in August, 1863.— Ten Years' Penal Servitude each.
Before Mr. Common Serjeant.
MR. LILLET. conducted the Prosecution.
SAMUEL BURTON . (Policeman K 525). I am stationed at West Ham—on the evening of 11th March, at 11 o'clock at night, I was in Plaistow Park, near Mr. Barnard's house—I saw the yard door unfastened, and a light in the shop—I knocked at the front door, and the light disappeared—I then ran round to the back yard and saw the prisoner in the yard, and another one was getting over a wooden fence—I ran into the Pelly Road to meet them—I met the prisoner coming over a fence into the road—I said, "I shall stop you for breaking into Mr. Barnard's shop"—he had no boots or shoes on—he said, "Let me go and fetch my boots"—I asked him where they were—he said, "In the back yard"—a witness went and fetched them—we put one of them on, which fitted him; but another policeman came up, and said "Do not let him put the boots on"—I took him to the station, and on the way he threw something over the fence—I called out to 266 K, and he got over and found a knife.
RICHARD WOODHAM . (Policeman K 266). I was in the Pelly Road, and saw the prisoner in Burton's custody—I told him not to allow him to put the other boot on—I heard Burton cry out, "He has thrown something over the fence—I took Burton's light, got over the fence, and found this knife—I went back and compared it with a mark on Mr. Barnard's kitchen window, and it fitted.
JOHN ASPREY . I am warehouseman to Messrs. Howard, of Stratford—on 11th March, about 11 o'clock at night, I was disturbed by a noise—I went out and found the prisoner in Burton's custody—I went with Burton and the prisoner to the yard, and picked up the right shoe—the left shoe
was over the fence in the next garden—I reached over, and a neighbour gave it to me—the prisoner put on one of them, but I don't know whether it fitted.
ABRAM BARNARD . I am a grocer, of 5, Pelly Road, West Ham—on 11th March, about 10.30 at night, I went to bed—I was the last person up—I fastened the kitchen window, leading to the shop, and pulled the blind down—the house was secure—I was called up soon after 11 o'clock, and found the kitchen window thrown open, and the shop door also, and the yard gate—I missed some tobacco and lemons from the shop; and in the kitchen a box had been broken open with a knife, out of which I missed two knife-rests and a box of lucifers—I am able to speak to their identity—this tobacco (produced) is part of what was taken—I identify it by the way it is done up—Asprey brought these things to me, which had been taken from the box—I missed three lemons from the window.
Prisoner. Did Mrs. Asprey give you that tobacco? Witness. Yes. COURT. to SAMUEL BURTON. Q. Where did these things come from? A. The prosecutor's wife picked them up where I apprehended the prisoner, but I did not see her do it—this tobacco was found by a little boy where the prisoner stooped to put on his boot.
Prisoner's Defence. I was not in the house, and I did not break into it.
GUILTY . He was further charged with having been before convicted, at Chelmsford, on 18th February, 1868, to which he
PLEADED GUILTY.— Eighteen Months' Imprisonment.
Before R. Malcolm Kerr, Esq.
436. ROBERT CHARLES KNIGHT (18) , PLEADBD GUILTY . to burglariously breaking and entering the dwelling-house of Henry Hutchinson, and stealing two bunches of keys, and 5l. in money, his property— Eighteen Months' Imprisonment. And
437. WILLIAM CLARKE (43) , to stealing one till, and 20s. in money, of George Daniel Crawford, having been before convicted on 3rd April, 1868— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
MR. ROLLAND. conducted the Protection; and MR. F. H. LEWIS. the Defence.
JOHN ANGLESEY . I am acting corporal of the 2nd Company of Royal Marines, at Woolwich—on 16th March, between 10 and 11 o'clock at night, I was going home from the steamboat pier, and when I got to the Black Eagle, the prisoner walked up to me and knocked me down, without saving a word—I believe he had something in his hand, for I felt something like a lump of lead—he then kicked me in the ribs, and I felt a touch at my watch chain—I was in uniform—my watch was inside my jacket, he could not get it out; but the chain was hanging outside, and they strained the swivel—I sung out "Police!" and "Robbery!"—I got up, and was knocked down again by a sweep, who is not in custody—I missed my chain—I followed them into the Black Eagle, where the prisoner struck me again, in the bar—I followed him to Warwick Street, and then went down to the Dockyard gate, and a constable went with
me—I found the prisoner outside the Black Eagle, preparing to go away, and gave him into custody—I have no doubt he is the man—my chain was worth 5l.—I had my fingers on it at the time I was knocked down—I was quite sober.
Cross-examined. Q. Had you been drinking at all? A. No—I was knocked down four times in less than a minute and a half—the prisoner was dressed as a sweep; dirty clothes and a black face—and there were other sweeps there—I can't say how many, because at the time I was kicked by the prisoner I was so stunned that I did not know where I was standing—there was a white man there—I pursued him into the public-house, and the prisoner ran with him—I went to a doctor.
COURT. Q. Was there soot on your shell jacket? A. Yes.
CHARLES MASTERS . I am a labourer, at 13, Church Street—on 16th March, between 10 and 11 at night, I was in the Black Eagle—I heard cries of "Police!" went outside, and saw Anglesey on the ground—he no sooner got up than he was knocked down again by the prisoner—he got up again, and a young man, not in custody, knocked him down again—they then ran into the Black Eagle, and he followed them—the man not in custody struck him on the face and ran through the Black Eagle—the prisoner remained there—I had seen the prisoner in the Black Eagle shortly-before this happened, and saw them leave; I then heard cries, and went outside.
Cross-examined. Q. Did the prosecutor strike out at all? A. He made a grab to reach the man who struck him.
THOMAS MANGAN . (Dockyard Police 27). On 16th March, between 10 and 11 at night, the prosecutor came to the Dockyard gate, and I went with him to the Black Eagle—he gave the prisoner into custody for assault and robbery—the prisoner admitted the assault, but denied the robbery.
Cross-examined. Q. Do you believe you know the white man? A. By the description given, his name is West, and he lives in the neighbourhood—I have been looking for him since—I can't say whether he is a convicted thief, but he bears a bad character—this chain has been found pawned at Woolwich, and I believe Mrs. West was the woman who pawned it—I have been looking for them, but they have absconded.
The prisoner received a good character.
Recommended to mercy by the Jury.— Eighteen Month? Imprisonment.
MR. COOPER. conducted the Prosecution; and MR. DAVIN. defended Lewis.
WILLIAM LARIGAN . (Policeman P 125). About 5.10 or 5.15, on the morning of the 24th March, I was on duty at Brookley Hill—I heard a noise opposite the house of Mr. Drury—it was as if a hammer was going against iron—I at once proceeded to the house, and saw Lewis on the pathway in the front, looking towards the house—at the same time I saw two men leaning against Mr. Drury's window, stooping and working their hands against it as if to force it—I said to Lewis, "You are up very early this morning, Miss"—she said, "Yes, I am; I have got two friends inside"—I said, "Yes, you
have"—I went into the front garden towards the men, and as soon as they saw me they made their escape through a side garden—I followed them—I caught Sims, who was one of them, and knocked him down, and asked what he was doing there—after a struggle he said, "Oh, it is all right; it is the other man, Gardener"—I brought him back to the window—I found that violence had been used between the two sashes—a stone had been placed between the sashes, so as to force them open—I afterwards searched Sims, and found on him a pipe and some matches—on Sunday, 28th March, I went to the police station in Walworth Road and there saw Lewis—I knew her at once—it was quite light when I saw her in the garden—I could see her features—I did not see her for more than half a minute, but I am quite sure she is the woman—I did not speak to her at the station, the Serjeant did; and in consequence of information I want to 28, Content Street, Walworth—she was not with me—I found in the lodging this basket, which is similar to the one she carried on her arm on the morning of the 24th—I found it in the room where she told me she lived—I went back to the station and said she would have to go with me to Lewisham, on a charge of being concerned with two men, one in custody, for attempting burglariously to break into the house of Mr. James Drury, on the morning of the 18th March—she said she knew nothing about it.
Sims. Q. When you took me back to the kitchen window, did you ask what I was doing? A. Yes, you did not say, "I am doing nothing; if you think I am doing wrong, speak to the other man, the gardener; you said, "Go after the female, she will tell you all about it"—you were in the back yard when I arrested you, and the kitchen window is in the front
Cross-examined. Q. During the half minute you saw the woman, were you looking into her face? A. Yes, as straight as possible—I cannot swear this is the basket, but it is entirely similar in every respect.
RICHARD CULPIN . (Policeman 97). Q. On Wednesday morning, the 24th March, about 5.30, I made an examination of Mr. Drury's house—I found a chisel lying on the lawn outside the kitchen window, also a knife and file in the place where Lewis was apprehended—they would be useful instruments for getting into a bouse.
GEORGE HULL . (Sergeant P R 1). On 28th March, in consequence of information, I went to 28, Content Street, Lock's Fields—I found Lewis there in the back parlour—I told her I was a police-constable, and I suspected her of being concerned with a man in custody at Lewisham for a robbery—she began crying, and said she knew nothing of it, she was at home at the time—I took her and the man she was with to the station at Walworth, and fetched Larigan, and in consequence of what he said I detained her—I afterwards went with Larigan to Lewis's room—there were three baskets there—Larigan brought one away.
JAMES DRURY . I reside at Brockley Hill, Forest Hill—on the Wednesday morning in question I was aroused by a voice, and was afterwards called up by the police—I heard what the police have stated with respect to my window, and I confirm it.
The prisoner Sims, in hit defence, stand that he was coming home, intoxicated, on the morning in question, that he asked a man to put him on, the right road, and while standing talking to him he wet taken into custody.
SIMS— GUILTY . **— Two Years' Imprisonment.
LEWIS— NOT GUILTY .
Before Mr. Justice Hannen.
MR. LEIGH. conducted the Prosecution.
RICHARD CARTER . I am a gunner in the Royal Artillery quartered it Woolwich—on Saturday night, the 6th March, a little before 11 o'clock, I met the prisoner, and went with her to a coffee shop—I gave her 6d—when I got back to my barracks I missed my watch—I was sober—I swear I did not give it her—I got a comrade to go back with me to the coffee shop—I found the prisoner there, she was just leaving—I accused her of taking my watch—she said she did not, and denied having it—I desired my comrade to seize her, which he did, and took the watch from her hand—it had been fastened round my neck with a chain, and the swivel was broken.
Prisoner. He left it with me instead of 5s., which he promised me, as he had not the money to give me. Witness. It is false—I did not leave it with her or promise to return in half an hour, and give her the money—I did not break the swivel myself.
JOHN McGREMERY . I am a bombardier in the Royal Artillery attached to the Military Police—on this Saturday night, in consequence of information I went with Carter to the coffee-shop—I saw the prisoner come, and he stopped her—I went up and told her she was accused of stealing the gunner's watch, and asked if she knew anything about it—she said, "I know nothing about his watch, nor yet about the man"—I said, "He tells me he has been in your company a short time ago"—she still denied it—I told her I should hare to detain her till I found a constable—I saw her trying to change something out of her hand into a muff that she had, and told Carter to seize hold of her hand—he did so, and took the watch out of her hand, and handed it to me.
Prisoner. I took the watch out of my pocket, and gave it to him as soon as he asked for it Witness. She did not; I asked her two or three times whether she had got it, and she distinctly said, "No."
GUILTY .— Four Months' Imprisonment.
Before Mr. Recorder.
MESSRS. F. H. LEWIS. and STRAIGHT. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
DAVID DAY . I am clerk to Mr. James Biggs, tobacco manufacturer, of Commercial Street—on 25th August, I saw the prisoner at my master's shop—he came to select some cigars—Mr. Biggs showed him several sorts, in my presence—he selected twenty-seven boxes, amounting to 14l. 1s. 6d.—he said he would send cash, with an order for delivery—he gave the name of E. Harvey, of Oxford Street—the cigars were packed in readiness, and about 6.30 or 7 o'clock a man came for them, bringing this note and cheque, enclosed in an envelope—the cigars were given to him—the cheque
was presented in the usual course, at the London and Count? Bank—to the best of my belief the prisoner is the man that came and selected the cigars—I parted with them on the faith of the cheque being good.
Cross-examined. Q. The cigars were bought in the morning I A. Between 1 and 2 o'clock—the bargain was that he was to send cash—I swear, beyond any doubt, that the prisoner is the man—he had not a black eye, I am certain of that; he had no marks or bruises about his face—I was present when the cheque was brought, and gave a receipt for it.
JAMBS BIGGS . I am a tobacco manufacturer, in Commercial Street—on 25th August the prisoner, to the best of my belief, called—he gate the name of Harvey—he said he traded under the name of Harvey, or Harvey & Co., and carried on business in Oxford Street.
Cross-examined. Q. Did you serve the cigars? A. I showed them—to the best of my belief the prisoner is the man—I saw him but a very short time—it is six months ago, and I would not undertake to swear positively he is the man, but to the best of my belief he is—I do not feel any doubt about it—there was no mark on his face as if he had been fighting, no black eye, or anything of the sort.
JANE WHITCHURCH . I am a draper, at 2, Cambridge Terrace, Camberwell—I saw the prisoner in May last—during that month he purchased goods of me, from time to time, and paid for them—on 10th June he bought some stockings and garters, he did not pay for them; he said, "I will call or send and pay you for this little bin, at the same time handing me his card, this is it: "Mr. E. Harvey, the Retreat, Lower Norwood"—he called between the 10th and 16th June, and paid the 9s. 6d., at the same time ordering six pocket-handkerchiefs and three pairs of gentlemen's gloves, which came to 1l. 5s. 6d.—he said he would send his man for them—I made them up in a parcel, and his man called for them on 22nd June, bringing this letter—the goods had not then arrived from the warehouse—on 11th July I received this check—I have never received the money upon it.
Cross-examined. Q. Were you present when the charges were brought? A. Yes.
ELLIN WHITCHURCH . I am the daughter of the last witness—I received this cheque on 11th July—I can't say who brought it, it was Mr. Harvey's man, not the prisoner—I got change for the cheque from a next-door neighbour—I had to deduct 1l. 10s. 7 1/2 d. from the cheque—I handed the difference, 3l. 16s. 4 1/2 d., to the man who brought the cheque—I had seen the prisoner about three weeks before, when he came and ordered some goods and tools—the order we had not got then in stock; he sent the man for them on the 22nd, but they had not come in, and the man called again—I gave the 3l. 16s. 4 1/2 d. to the man, thinking it was all right; it was the same man that fetched the goods—the prisoner had said he would send his man with a cheque.
Cross-examined. Q. Was not what he said, he would send his man for them? A. Yes, and he said he would send a cheque; I said so at the Police Court—among the articles supplied were some stockings and garters for a lady.
THOMAS CHELWICK . I am a butcher, at Norwood—in May last I received orders to send meat to a person of the name of Harvey, at the Retreat, Lower Norwood—I went there with the meat—I saw a person there, not the prisoner—I did see the prisoner there, but he was not the
man I supplied with the meat—on the 14th June this cheque, for 5l. 5s., was brought to me by the person who had ordered the meat—the account was 15s. 8d.—I gave the change for the cheque—I believed it was all right.
Cross-examined. Q. The man who gave you the cheque told you his name was Harvey, did he not? A. Yes.
WILLIAM HARRIS SANDY . I am a clerk, in the Union Bank, at Croydon—in May last an account was opened there in the name of Richard Gray, of Palmerston Villas, Lower Norwood—it was opened with 35l., not by the prisoner, by a man named Collins—on 21st of May it was all drawn out but 25s.; a poet office order was afterwards sent for 4l., then 4l. 5s. was drawn out, leaving a balance of U; the balance stood so on 11th July—this cheque of Whitchurch's was presented for payment, and refused—I could not say for certain that I have ever seen the prisoner at our bank; I believe he came and presented a cheque one day, which was paid; I only saw him for a short time—I supplied Gray, when he opened the account, with a cheque-books of thirty cheques—I have no doubt this cheque of Whitchurch's was one of those cheques; we do not number them—it may be a cheque supplied to another customer—it is one of our cheques—I can't say it is one of those supplied to Gray—on 8th August, the balance was still 1l. to his account.
Cross-examined. Q. When before the Magistrate did you say, "I think Collins was the person who opened the account, but I am not quite sure of it? A. Not quite sure of it.
JAMIS HAM . (Police Sergeant P 5). I took the prisoner into custody on 10th December, at Gravesend—he was then assuming the name of Dr. Watson—I watched him from a dwelling where he was living, followed him a short distance, took hold of his sleeve, turned him round, and said, "Dr. Watson, I believe"—he said, "Yes"—"Yes," I said, "alias Harvey or Hoare & Co."—I then said, "You know who I am"—I told him I was a police-officer from London, and that I was going to take him on a warrant in those names; I mentioned the name of Gosling and several others; for being concerned with others in obtaining, from several tradesmen, sums of money; from tradesmen of Norwood and Wyndham Road, Camberwell, and from Mrs. Whitohuroh, by means of fictitious cheques—he said, "My dear fellow, you have made a great mistake, I am not the person you want, I have not been to Norwood or Wyndham Road, or do I know where it is"—I said, "I am quite positive you are the person, for I know you, and I shall take you"—I then took him to the police-station—he called the superintendent, and said he was treated very cruelly, he was not the person—I said I was positive he was, and I was determined to charge him—the superintendent then asked him his name, and he gave the name of Thomas Goaling—next day I brought him to London—in coming up in the train he said he knew the person who I wanted, he certainly did owe Mrs. Whit-church 1l. 5s. for some lady's garters and other things, which he made a present of to a lady, and he intended to pay her—he said he knew nothing about the cheque, he was at Birmingham at the time.
Cross-examined. Q. You say some conversation took place before the superintendent and the landlord? A. Yes—they are not here, that I am aware of—I do not know that there is a man named Harvey—I hold a warrant against four or five persons—I do not hold a warrant against Hadrill alsas Harvey—I hold one for E. Harvey, Gray, and as there is not a person of the name of Harvey, it is the prisoner—I know Hadrill quite
wall, who lived with the prisoner, and at several other places—I shall take him, if I can get him in the name of Gray.
RICHARD WOODHAMS . I am a clerk in the London and South-Western Bank, Brixton—on 17th July an account was opened there in the name of Edward Harvey, with an amount of 25l.—I believe the prisoner to be that person—at the time he opened it he signed his name in the signature-book—I believe this letter, signed E. Harvey (the one to Mr. Biggs.) to be in the game handwriting, also the signature to the cheque of 25th August—it was presented at the bank, and marked "Account closed"—Harvey's account was closed on 18th August—at the time the account was opened a cheque-book was given to the person who opened it, containing twenty-five cheques, the smallest we have—I tried to get back the remaining cheques, but I could not find the prisoner—I went to the address he gave.
Cross-examined. Q. How many times have you seen the person who opened the account? A. He only came to the bank that once—I can't swear that was the only time I saw him—I don't know that I ever saw him before—I was at one time a clerk in the South-Western Bank, Camden Town—(looking at a paper) this endorsement is my writing—there is the ignature of "B. Gosling" on the face of it—that is the handwriting of our customer, B. Gosling—I can't say that I know B. Gosling—I don't remember him—I could not say whether that "B. Gosling," and the signature "Harvey and Co." to this cheque, are in the same handwriting; I should say not—one of these cheques, signed B. Goaling, was paid by me, not across the counter, they came through a City banker's—I have the same opinion about the handwriting of those cheques—I cant say whether this cheque is in the prisoner's writing—it resembles it (the one to Miss Whitchurch)—this other (Chelsvicke's)I should think was the same—I mean the same as the person who made the entry in our book, and this letter also. (The cheque and letters were sent in and read)
Witness for the Defence.
HENRY ERNEST KOOHIR . I reside at 2, Priory Terrace, Starch Green Road, Hammersmith—I am out of business now—I have been in business for twenty-five years—I have not retired, I shall go into business again when I get an opportunity—I have known Goaling about twenty-five or twenty-six years—I have known a man named Hadrill or Harvey a short time—it was some time last summer that I was introduced to him—he carried on business in Newman Street, Oxford Street—I have done business with him to a small extent only—I remember going to him somewhere about 11th July—he owed me a small amount—I called at his office in Newman Street—I saw this cheque for 5l. 7s. there—I believe Hadrill tendered it to me, and asked me for the change—I could not give it him—he gave it to a man who was acting as his clerk—I have heard his name, if is Flirt or Flateau, or some such name—I don't know what became of the cheque eventually—Hadrill sent Flateau to get change for it somewhere else—he was to meet me at a public-house at the back of the County Fire Office—I suggested that—he came to me there—the cheque was not cashed then, and I went to try and get it cashed at Mr. Taylor's, at Hadrill's request—if I got it cashed he was to give me what he owed me—I did not get it cashed—it was drawn by Gray, and endorsed by Hadrill or Harvey, in my presence—Flateau took it away from the public-house to go over the water, somewhere at Camberwell, to get it cashed—there was a name mentioned, but I did
not know it—Harvey asked me to call again on the Monday—I did so, and he paid me the money he owed me—I had some conversation about the cheque at that time—shortly afterwards Harvey removed from his place—he told me he should want me to move his goods from Norwood—he subsequently owed me 1l. 15s.—he gave me a sovereign and a cheque for 15s., which has not been paid—it was on the Union Bank at Croydon, I think—I know Gosling's handwriting—the signature, "Harvey," in this signature-book is not Gosling's handwriting—I should imagine it was Harvey's—I know Harvey's handwriting—I have seen him write—the endorsement on the cheque for 5l. 7s. is not Gosling's, it is Harvey's, decidedly, and so is this cheque for 14l., given to Mr. Biggs—the body of this cheque for 5l. 5s. is not so distinctly Harvey's as the endorsement—the endorsement is his, decidedly, and so is this letter, written to Mr. Biggs—on 22nd August, I met Gosling between the Strand and Pall Mall—he hailed me, he was in a cab—I left him at Pall Mall, at the Bell public-house, kept by Mr. Prowse—there was a fight there—Goswell was one of the principal performers in it, and he got a bloody nose and a black eye, I believe—he had a tremendous blow in the eye—he was struck over the partition in the bar, by a tall Scotchman, who gave the name of McDonald—he gave me his name to go up for him as a witness, as he was going to summons Gosling for an assault—I saw Gosling again two or three days after, he then had a black eye, and a scratch down the side of his nose; his face was a good deal marked—he complained of his wrist—I don't think it was io, a sling—he complained of its being stiff.
Cross-examined. Q. I don't exactly understand what you are? A. I am a coffee-house keeper when I am in business—I am living on my means at present, waiting for an opportunity of going into business again—I have a house at 2, Priory Terrace, that I am fitting up, and shall shortly open as a coffee-shop—I sold my business about three months since in Porto Bello Road—I have seen a good deal of Gosling's handwriting—I have some of it here—I did not exactly know I was coming here to speak to his handwriting—I was coming principally to speak as to his being at Pall Mall—that was what I understood I was wanted for—it was mentioned to me that I was to speak to the handwriting—I have had communications with the solicitor for the defence—he took down my statement—I did not make any statement to him as to these documents—I have not seen them—I had only seen one that I am aware of, that I saw in Mr. Hadrill's, or Harvey's, hands—I did not know I should have to speak to any others—I have some of Gosling's handwriting in my possession, but I could not find it this morning—I have got the cheque for 15s. for one thing—I have a letter of his which I received, that is the only thing I have had of his of late years—I have not seen him for some years till the last eighteen months—I have not got any of his handwriting here—I don't know what Hadrill was any more than he had an office—I knew him since last summer—there was no particular business carried on, only the name of Harvey A Co. on the door—he was no friend of mine—I am not aware of what his business was—I had no business transactions with him—once I sold him one or two small articles, a driving whip and a gig rug—I believed him to be a general merchant—I had no means of ascertaining what his particular line was—I came to know him through Gosling—he introduced me to him—I used to do business with Gosling—I was formerly a contractor—I met Hadrill and Gosling together, accidentally, in the New Road, last summer—Gosling told me that Harvey was a man who very often wanted things in my way—he told me that he wanted his
goods removed from Norwood, and if I would go to his office he would speak to me about contracting the removal of them—that was the first time I saw him, but it was some time after that that I went down to Norwood—I went to his office first—I first found out that he was Hadrill a month or six weeks back, when I was up here—they told me that Hadrill and Harvey was one and the same person—some parties outside told me in conversation—one was a man named Leach—I don't think he is here—I don't know that he is—he was a witness on the oases for the defence—I believe and I have since heard from others that Hadrill and Harvey were one and the same—I heard that Gosling was before the Magistrates—I did not hear that there were three or four remands—I first heard that my evidence would become material for him about six weeks ago—I forgot who it was that came to me—they gave me a subpoena—I was subpoenaed without having communicated with anybody, and without having been examined—I was not subponsed about the cheque, but about the Pall Mall matter—I did not know that I was to speak about the cheque at that time—I have not seen Harvey write more than three or four times—he wrote an order for me to go and remove the goods, and I saw him endorse the cheque for 15s., but when I got to Norwood I could not get the goods, because the landlord had distrained, and Harvey then gave me a note to his wife, asking her for full particulars—I have not his letters here—I don't know where Harvey is now—I have not looked for him—I know he owed me 15s., and I should be very glad to receive it—I don't know what has become of him—I understood that Gosling was managing man in business—I understood that simply from Gosling introducing me to Harvey as the firm that I might do business with—he said that Harvey might put something in my way, and he turned round and introduced him as Mr. Harvey—I never saw Gosling in Newman Street—I know the Warrington Hotel, Maida Hill—I was employed there for about four months—I was billiard marker there twelve months ago—my last business was a coffee-shop keeper—I left that in September last—I don't mean that I had a stall, I had a coffee-house—I had it about four months, I think—I was a billiard marker about five months—before that I kept a coffee-house in Westbourne Park—before that I was a carman and contractor, in Russell Street, Covent Garden, some ten years ago—I contracted to cart goods to Covent Garden Market from the railway.
MR. MONTAGU WILLIAMS . Q. Were you here last session at a witness? A. I was in attendance—I believe Hadrill's brother was not here as a witness then? I don't know; I have seen him here to-day—he was pointed out to me—I was twelve years the owner of carts for removing property—prior to that I was ten years in Fenchurch Street, as a tobacconist—the Blackwall Railway bought me out, and I embarked the money as a contractor—that is ten years ago—I lived in Fenchurch Street for ten years, and I was a contractor for about twelve years—then I took the coffee-shop in Westbourne Park—I got reduced, and I was very glad to take a situation as billiard marker, till I could help myself—I believe the signature of Gosling to these cheques (looking at tome) to be Gosling's writing.
COURT. Q. You say you understood the prisoner to be manager to Harvey & CO.'B, how was that? A. It was implied—after the usual greeting, not having seen him for some time, I asked what he was doing, and he said I am with this gentleman, and he immediately introduced me to Harvey—I did not understand from him what Harvey was, simply that I might be able to earn a few pounds with him, doing his work—I went there twice.
WILLIAM HENRY HADRILL . I was one of the clerks of the Central India Railway, Basinghall Street—I have a brother named Ebenezer—I don't know where he is now—the endorsement to this cheque, for 5l. 7s., signed Gray, looks like my brother's—there is a very great similarity in the drawing—I believe it to be his handwriting—I say the same of this cheque for 14l. 1s. 5d.—I believe it is my brother's—it is simply matter of opinion—to the best of my belief this letter of 25th August is in the same handwriting, and also the endorsement on this cheque for 5l. 5s.—I should not like to say as to the body—there is a similarity, perhaps it may be disguised—I believe the name of Harvey in this signature-books also to be my brother's writing.
Cross-examined. Q. What is the address there? A. "The Retreat, Lower Norwood"—I am not aware whether my brother lived there—I don't know whether Gosling lived there—all these cheques, the signature as well as the rest, seem to me very much alike—I should not like to swear positively to the R. Gray—the endorsement looks more like my brother's writing—I should not like to swear to the name of Harvey in the body of the cheque—there is a similarity in the style—the signature, R. Gray, looks very much like my brother's.
JOHN RETTON . I am a builder, in Brook Street, Holborn—I know a man named Hadrill, the brother of the last witness—I should think I have known him about ten years—I have done a great deal of work for him, fitted up his office—I have had extensive dealings with him—I know his handwriting well—(Mr. Lewis here tinted that he did not dispute the handwriting)—I have known Gosling about six year—I knew him in the Isle of Wight—I know his handwriting—these cheques signed "Gosling" are his writing—the figures are not his, but the signature is.
JOHN JAMES PROWSE . I am a licensed victualler, 21, Pall Mall—in the month of August I remember a party of men being in front of my bar, quarrelling—I know the prisoner by sight, he was one of the men—Kocher was also there—there was fighting going on, Gosling was one of the combatants—he got a black eye—they were all strangers to me—I could not possibly fix the date.
Cross-examined. Q. Then, why did you fix the date? A. I did not fix any month, the gentleman asked me about the munch of August—I can't tell what time in the year it was, it is such a frequent occurrence in a public-house—I did not see him afterwards—he had a cut across the eye—I presume it would be black—I allowed him to go and wash the blood off—I did not take any notice whether his nose was hurt.
GUILTY .— Eighteen Months' Imprisonment.
Six Months' Imprisonment.
Before Mr. Justice Brett.
443. ELLEN COOK (44) , Feloniously cutting and wounding James Cook, upon his private parts, with intent to murder him. Second Count—with intent to do him grievous bodily harm. Other Counts, charging divers acts of mutilation.
MR. COOPER. conducted the Protection; and MR. M. WILLIAMS. the Defence. The particulars of this cote are unfit for publication.
GUILTY . on the Second Count— Fifteen Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. POLAND. and GRAIN. conducted the Prosecution. ALFRED COCKIN. I am shopman to Mr. Oppenheimer, tobacconist, of 57, Waterloo Road—on 3rd March, about 7 o'clock in the evening, I served the prisoner with a pennyworth of snuff—she gave me a shilling—I found it was bad, and asked her who gave it to her—she said, "A gentleman," and asked what that had to do with me—I told her it was bad, and bent it—I threw the shilling on the counter, and she picked it up, and went away without the snuff—next day, between 3 and 4 o'clock, I went out for about ten minutes, and when I returned, my master and mistress were at the shop door, looking for me—the prisoner was in the shop, and I recognised her.
JOSEPH BLENCOW OPPENHEIMER . I am a tobacconist—on 3rd March my shopman described a woman to me, and next day, about 3 o'clock, the prisoner came in for two threehalfpenny cigars—I recognised her from the description—she gave me a florin—I found it was bad, and asked her where she got it—she said, "My father gave it to me to fetch the cigars"—I sent for a constable, and in the mean time my shopman came in, and recognised her—I gave her in custody with the florin.
PETER LOVEY . (Policeman L R 28). On 4th March the prisoner was given into my custody with this florin—she said that a gentleman gave it to her, and that she was at the Victoria Theatre the night before, and net in the shop—at the station she said that the cigars were for a young man the was to meet at 5 o'clock, and not for her father, and that she had no father.
Prisoner's Defence. I was at the Victoria Theatre the night before, and not at the shop. The florin was given me by a gentleman. I did not know it was bad. I should not have gone there if I had been there the night before.
GUILTY .— Six Months' Imprisonment.
MR. ROLLAND. conducted the Protecution, and MR. HARRIS. the Defence.
AMELIA SLOGROVE . I was servant to Mr. Kitchen—on the evening of 24th February I was in Mrs. Kitchen's bedroom, sitting at needlework—someone opened the door and looked at me—I looked at him and said, "Who is that?"—he directly turned back and went into the spare room—there was a gas-light in the room where I was, and I had a fair view of his face—he locked himself in the spare room, and I locked myself in the bed-room and rang the bell very violently—the housemaid came up—we rang the bell again, and the under-nurse came down—I gave them instructions, and went across the road to a Mr. Beale—he came back with me—he then
went back for his gardener, and told him to get in at the spare room window—he got in and undid the door—the prisoner was gone—the blind was drawn up and the window was open—it was on the first floor—before the prisoner went in the window was fastened and the blind was down—I have not the slightest doubt that the prisoner is the man that I saw.
Cross-examined. Q. Have you ever had any doubt? A. No—I saw him with others—he was standing at the back, and I said I think that is the man; but I could scarcely see his face—I had never seen him before—he did not vanish directly I looked up—he gave me time to say, "Who a that?"—I did not see him again till I saw him at the Lambeth Police Court—there was a policeman with me then—he did not say a word about the man—he only asked me if I thought I should know him, and I said, "Perhaps, I don't know"—he said, "Do you think if you see the man you shall know him?—I said, "I believe I shall;" but I was not certain, of course, till I had seen him—there were five men walked out of the cell—they walked out one behind the other, and two men stood in front, and the prisoner behind them—I had them all to look at—they came out one by one, and the prisoner was the third—the first man was fair, and rather tall; the second one was fair, and dressed in light clothes—they were all dressed like working men—the policeman said nothing to me as they passed out—a turnkey said, "Do you know any of these men?"and I said, "The one behind those two, if you will bring him forward, please;" and then I said, "I am sure that is the man."
COURT. Q. How was the gas? A. There are three windows in the room, and the gas projects between the two last windows, over the table—I was sitting at the side of the table, with my face towards the door—he opened the door almost wide, and looked in.
JOHW THOMAS FOX . (Police Sergeant 8). On 17th March, about 5.15, I saw the prisoner and two others loitering about Sydenham—they passed the Grove, and made a halt opposite the next house to Mr. Kitchen—they looked up at the window which was open over the portico—they were there about ten minutes, looking at the house, and then went on to the Crystal Palace—they made another halt-there, and I watched them to Norwood, where I lost sight of them for ten minutes—I afterwards saw one of them pass the two others on the road, as if he did not know them—I got the assistance of two constables—one of the men said, "What are they watching us for?"—I then took the prisoner in custody—he gave his address, 22, Gloucester Street, Regent Street, Westminster—I told him there was no such street—then he said it was Gloucester Street, South Lambeth—I inquired there, but could find no such person known there—I have not found out his address since.
Cross-examined. Q. You did not take him on this charge? A. No.
SUSAN SMITH . I am a widow, and am in the prosecutor's service—on the evening of 24th February, I heard the bell ring; I went down stairs to the first floor—I found the spare bed-room locked on the inside, and the servants on the stairs—about 4 o'clock on the afternoon of that day, I saw three men walking up the road at the side of the house—the prisoner was one of them—the road leads down to a gentleman's house; there is no thoroughfare there—they were looking over the fence of another gentleman's grounds when I first saw them—I have no doubt that the prisoner was one of them.
Cross-examined. Q. Is it utterly impossible for you to be mistaken? A. I am not mistaken—I have said I could not swear to him—that was at
the Lambeth Police Court, about three weeks after the event—I said I would not swear to him—the Magistrate said, "Do you swear to him?" and I said, "No"—I did not like the idea of swearing to him—I am not swearing to him now, any more than I was then—I am certain he is the man—I can swear, but I don't like to—I was up stairs when I saw him, at the staircase window—the garden is not very long—about as long as this Court—the wall is about up to my chin—he was walking in the road—it was about 4 o'clock in the evening when I saw him—it was not broad daylight—the evening was just drawing in.
JANE CARRALL . I am under-nurse in the prosecutor's service—on the afternoon of the day in question, about? 12 o'clock, I saw the prisoner walking by the side of the house, with two others—I am quite sure he was one of the men—I watched them for about half an hour.
Cross-examined. Q. What were they doing? A. Walking up and down, looking over the wall a—it was on 24th February, about 12 o'clock—I was by myself, looking out of the window—I saw Amelia Slog rove directly after the men were gone—I was asked to go and look at him about a fortnight ago—I had never seen him before that day—I saw him at the Lambeth Police Court, with two others—Sergeant Fox took me—they asked me if they were the men I had seen at the side, of the house, and I said, "Yes"—the other two went to prison, I believe—they were fair men, and rather short—I noticed the prisoner's look—he gave such a glaring look up at the house—I thought he was up to no good—I don't go by his features.
AMELIA SLOGROVE . (re-examined). I was in the spare-room before the robbery—I went in with the under-nurse to get some boots for Mr. Kitchen—when I went in afterwards I missed some boots from the boot-stand; there were several pairs there—there were two pairs missing besides the pair Mr. Kitchen had pat on—we went into the room as town at the man got in the window, and opened the door—the window had been fastened with a catch; it was a sash window—a person could get up to that window from the cistern.
MR. HARRIS. Q. When did you go into the room? A. Just before 7 o'clock—I could see that everything was there then—my master bat got several pairs of boots—I do not count them every time I go in; I should see if there were any missing—they were not taken then; I am quite sure they were there—I missed them when I went in afterwards—the housemaid had been in and shut up the room for the night—the under-nurse went in for the boots, and I went with her.
JANE CABBALL . (re-examined). I took a pair of boots out of the room—they were not the right pair, and I fetched another pair and took the others back—the stand was then full—I missed two pairs after the prisoner was gone.
COURT. to AMBLIA SLOGROVE. Q. When you saw the man in the room, had he a cap on? A. Yes—a projecting cap—he had a round hat on when I saw him at the station—I gave a description of the man to Sergeant Fox—he had been taken then, but I had not seen him—his hat did not cover his forehead—I could see his eyes—I knew his face directly I saw him, and his figure as well—he stared into the room, and I had a view of his whole body—he seemed to hesitate whether to come in or not—the gas was over me, shining on his face, and I could see him quite clearly.
COURT. to J. E. FOX. Q. Did you take all the three men? A. Yet—one
witness recognized them all—the prisoner had a wide-awake hat on—a description was given at the station, after the robbery.
He was further charged with having been before convicted, in June, 1867, in the name of James Lowry, to which he
PLEADED GUILTY. **— Ten Years' Penal Servitude.
Before R. M. Kerr, Esq.
MR. LEIGH. conducted the Prosecution.
HENRY HEAD . I live at 1, St George's Valley, St. George's Road, Peckham—about 2.30 on the morning of 27th March I heard a noise—I got up and went down into the kitchen—I found the glass of the window broken, and the sash thrown up—I went into the washhouse, which leads out of the kitchen, and saw the prisoner standing up, lying on his arm, pretending to be asleep—I called my lodger, William James, who took charge of him—I turned him round, and asked him what business he had in my house—he said, "Your house?"—I said, "Yes, my house"—he said, "You go to b—"—I then went for a policeman—I don't think the prisoner was drunk—I did not miss anything.
Prisoner. I had been out on Good Friday—he asked me what I wanted there, and I said, "What is that to do with you? it is my own house"—I did not say anything else.
WILLIAM JAMES . I am a printer—I live in the house of the last witness—I was called up about 2.30, and found the prisoner in the washhouse, standing against the sink—I took hold of him—he pretended to be asleep—I asked him what he did in the house—he said, "What house?"—the land-lord then said, "What do you do in my house?"and he used the expression the last witness stated—I found the washhouse window open about a foot—a pane of glass had been broken—the lattice was put back—some flower pots, which were on the window-sill the night before, were removed and put under the window—the prisoner's hand was cut from the broken glass—it was bleeding, and there was blood in the washhouse—I asked him where he lived; he made no answer—I had fastened the window the night before.
SAMUEL COLLINS . (Policeman P 170). I was called about 2.30 on this Saturday morning, and took the prisoner—his hands were smothered with blood, as if cut from broken glass—I asked him what his object was in coming to the house—he said he would tell me at the station—when we got to the station he told me nothing—some pots had been removed from the window and set on the ground—I found a brass tobacco-box, which the prisoner said belonged to him—he had been drinking, but was not drunk—he was dirty with getting in at the window where the flower-pots stood.
Prisoner's Defence. I had no intention of committing a robbery—I had been drinking all day, and I was three parts intoxicated when it happened—I get in at the window of my own house when I am out late, and I suppose I must have done so here—I believe the constable went to my house and they had moved—they were going away on the Saturday.
COURT. to SAMUEL COLLINS. Q. Did he tell you where he lived? A. He said he lived at 5, West Street—it was an empty house, about half-a-mile
from Mr. Head's house—the neighbours said they had taken the goods away about a fortnight before, and had been there a fortnight since the goods were gone, and they thought the persons had gone away on the Saturday night—the prisoner said he had been at Peckham Rye all day.
GUILTY .— Judgment respited.
ERRATA.In the case of William Adam Bennett, page 479, the sentence is altered from Five Year's Penal Servitude to Eighteen Months' Imprisonment
ADJOURNED TO MONDAY, 3rd MAY, 1869.