CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
SEVENTH SESSION, HELD MAY 3RD, 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.
VOL. L X X.
SESSIONS VII. TO XII.
BUTTERWORTHS, 7, FLEET STREET,
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, May 3rd, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWRENCE, M.P., LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir ANTHONY. CLEASBY, Knt., one of the Justices of Her Majesty's Court of Exchequer; Sir JAMES DUKE , Bart., Sir FRANCIS GRAHAM MOON , Bart., F. S. A., Sir ROBERT WALTER CARDEN, Knt., JOHN CARTER , Esq., F.A.S. and F.R.A.S., WARREN STORMES HALE, Esq., and SIR BENJAMIN SAMUEL PHILLIPS , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; ROBERT BESLEY , Esq., SILLS JOHN. GIBBONS, Esq., Sir SYDNEY HEDLEY WATERLOW , Knt., DAVID HENRY STONE , Esq., JOSEPH CAUSTON, Esq., and THOMAS SCAMBLER OWDEN, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., L.L.D., Judge of this 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. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obcliskev (†) 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, May 3rd, 1869.
Before Mr. Common Serjeant.
NOT GUILTY .
NEW COURT.—Monday, May 3rd, 1869.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD. and COLERIDGE. conducted the Prosecution.
JAMES EMMERTON . I am ten years old, and live with my parents at 17, Albert Street—on Friday, 9th April, I was in our street and saw the prisoner—I did not know him before—I said, "Where is your little Tommy Mr. Dewy?"—I mistook him for somebody else—he said, "Which Tommy do you mean"—I said, "The one in Francis Street"—he said, "Never mind him, will you go and get me half an ounce of tobacco?"—I said, "Yes sir"—he gave me a shilling—I went to the tobacconist's and put down the shilling—the man said it was bad, and gave it back to me—I went into the street and saw the prisoner running up Pitfield Street—I went home and gave my mother the shilling—I afterwards pointed the prisoner out to her in Pitfield Street—I had seen Mrs. Nelson come by when I was talking to the prisoner—she spoke to me.
Prisoner. Q. Was it dark or light? A. Dark, but this was near a lamp—I mistook you for Mr. Dewy, because you looked like him.
detector, and it doubled—I knew the boy, and gave it back to him—he went away, saying that a man gave it to him.
CAROLINE NELSON . I have known the boy Emmerton about twelve months—I saw him in Old Street Road, on 9th April, between 9 and 9.30, talking to the prisoner, next door to the tobacconist's, near a lamp—I had never seen the prisoner before, but am sure he is the man—about ten minutes afterwards I spoke to the boy, as I heard his mother calling him—I afterwards went to Pitfield Street and saw the prisoner just against a public-house—a great many other people were there, but I knew him from the rest—I said in his hearing that he was the man I saw talking to the little boy a few minutes ago—he said that it was wrong—he was given in custody.
Prisoner. Did not she say to you, "Carry, is not this the man?" Witness. No; she said, "Do you know any man standing here?" and I said, "Yes"—you were standing next to the prosecutor.
CAROLINE EMMERTON . I am the wife of John Emmerton, and the mother of this boy—he brought me a bent shilling, and in consequence of what he said, I directed him to change his coat and hat—this was at 17, Henrietta Street, close to Old Street—I sent for Caroline Nelson, and she came—I was then in Pitfield Street—there was a crowd there, and the boy pointed out the prisoner, who was coming along with, I dare say, a dozen people walking behind him—the boy said, "Mother, there is the man who gave me the shilling—and Nelson said, "That man was talking to your little Jemmy just now"—the prisoner heard that, and said that she was wrong—I gave the shilling to the constable.
---- LEWIS. (Policeman). On the evening of 9th April the last witness spoke to me, and gave me a shilling in Pitfield Street—Caroline Nelson afterwards came up and pointed out the prisoner—the boy then said, "Mother, there is the man on the other side of the road"—I took him in custody, and 1s. 2 1/4 d. in good money was found on him.
Prisoner. Q. Was I going towards the place where this happened? A. Yes.
Prisoner's Defence. The boy mistook me for a man who he knew, and therefore he is likely to mistake me for a stranger. I was standing with the prisoner when Carry Nelson pointed me out, and she could see that I was in custody. If I had been guilty I should not have been returning to the spot, and no bad money was found on me.
JURY. to LEWIS. Q. Was the prisoner taken on the same side of the street where the offence was committed? A. He was not in the street at all, he was in Pitfield Street, and Mr. Hall's shop is in Old Street Road.
NOT GUILTY .
MESSRS. CRAUFURD. and COLERIDGE. conducted the Prosecution.
JAMES BASSETT . I live with my father, a licensed victualler, at 1, Garrick Street, Covent Garden—on Saturday night, 10th April, I served the prisoner with a pint of half-and-half—he gave me a shilling—I tried it, and found it was bad—I looked in the till and found another bad one—I gave them to my father—I fetched a constable, and gave the prisoner into custody—I told the prisoner the shilling was bad, and he gave me a good one, and said, "That is all the money I have."
JAMES BASSETT . (the elder). I am the father of the last witness—he called me in and handed me two bad shillings, and I detained the prisoner—I gave them to the constable—I asked him if he had any more money, and he put his hand in his pocket, and I saw another bad shilling in the money he took out—I gave that to the constable.
GEORGE TRACE . (Policeman F 109). I took the prisoner on Saturday night, 10th April, at the Peter's Hotel, Garrick Street, Covent Garden—I searched him, and found 3s. 9d. in good money—there was one shilling, 1s. 3 1/2 d. in copper, and the rest in sixpences, and a bad shilling—I received two bad shillings from Mr. Bassett.
CHARLOTTE JONES . I am barmaid to Mr. Bassett—the prisoner came in between 6 and 7 o'clock, on 10th April, for a half-pint of beer, and gave me a bad shilling in payment—I gave it back and told him it was bad—he said he had just received it from his mistress—he gave me a penny—I gave him back the bad shilling, and he went away.
Prisoner's Defence. I was paid 7s., on Saturday night, and another shilling was all the money I had.
Witnesses for the Defence.
MRS. CRISP. I paid the prisoner 7s., 2d. that evening—I am quite sure it was good—I think there were two florins, and three separate shillings—about 7.45, as near as I can say, I sent my little boy to Mr. Davage for change for a sovereign—I examined the change, and am quite sure it was good.
CHARLES DAVAGE . I gave change for a half-crown to Mrs. Crisp about fifteen months ago—I believe one of the shillings was bad—I was not aware of it—I gave her change for a sovereign on this occasion—I examined the money carefully, and there—was no bad money amongst the change.
Prisoner. I say that Mr. Davage is quite liable to give bad change on this as on the previous occasion.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. COLERIDGE. and GRAIN. conducted the Prosecution; MR. PATER. appeared for Evans, and MR. GREEN. for Hurley.
JAMES BRANNAN . I live at 39, Radnor Street, St. Luke's, and am agent to the Mint—on 8th April, in consequence of information I went to 21, Dudley Street, between 1 and 2 o'clock, with Inspector Brannan and several other officers—we went to the second floor front room and saw the three prisoners—Reardon was partly undressed, and I said to him, "Well, Mr. Barlow, I need not tell you who I am, I have called to pay you another visit. You are suspected of having counterfeit coin in your possession. We come here with a search warrant"—at that time Hinds handed me this packet, partly open, wrapped up in this piece of carpet—I opened it—it contained three separate packets, containing six crowns, 200 half-crowns and shillings, all counterfeit—I said to Reardon, "You will have to account for the possession of these"—he said, "I am very sorry for it, but not here"—they were all in tissue paper, with paper lapped between them in ten piece packets—Evans then said, "This is what I have got by serving others"—Hurley said, "I only came here for a little washing"—I have
known Reardon many years, and for the last seven years have had him under constant observation—I found Reardon's rent-book in the room.
Cross-examined by MR. PATER. Q. Are you superannuated? A. Yes, and have been some years—I now hold an appointment from the Home Office—I decline answering how I am paid, it being a matter you have nothing to do with—I am not paid on the conviction of every case I bring into Court—I object to tell the Jury how I am paid for the services I render—the constables were acting under my directions, by virtue of a Magistrate's search warrant.
PHILIP HINDS . (Policeman). On 8th April I was on duty, and saw Hurley coming up Dudley Street, St. Giles's, with a little carpet parcel in her apron, which was turned up in this form—I followed her to the second floor front room at 21, Dudley Street—she went into the room, and shut the door—I pushed it open, it was not locked, and found the three prisoners there—I asked Hurley for the parcel she had just brought in—she said that she brought no parcel—Evans was standing behind the door—I said to Reardon, "Halloa, Barlow!"—he said, "You have come again"—I said, "Yes"—he said, "You have been here before"—I said, "I know I have"—I heard something drop on the floor, and saw a motion of Evans' foot, who was standing at the head of the bed—I found this parcel under the bed, and gave it to Mr. Brannan—Evans tried to get out of the room, but I stopped her—I was alone at first, as the other officers were a minute and a half or two minutes behind me—we took all the prisoners in custody, and also a woman who came in, who lives with Reardon as his wife—she has been discharged.
Cross-examined by MR. PATER. Q. Is not she reputed to be his wife in the neighbourhood? A. No—I will not undertake to swear that she is not—she was not at home when I went in, she followed the other officers in—I followed Hurley almost at the same time that she went in—I had to cross the street—I walked up the same flight of stairs about a minute or a minute and a half after her—I could not see her going up the stairs—Reardon was sitting by the fire, with one stocking off—I did not see a wound in his leg, and do not know whether he was bathing it—we found this rent-book in a drawer—I kept the door, and if Evans had not been behind it I could have shoved it wide open—Reardon was in his shirt-sleeves. Cross-examined by MR. GREEN. Q. Were you one of the officers who searched Hurley's house? A. Yes; I went there about a quarter of an hour or twenty minutes afterwards, accompanied by two other officers—it was 200 or 250 yards off—I searched her room, but found no counterfeit coin—I could not judge how she earned her living—some wet clothes were hanging on a chair, and there was a little tub of water on a chair—I saw no linen ready for delivery.
FREDERICK KENLIT . (Police Sergeant F 10). I took Reardon to the station—he said, going to the Police Court, "Supposing I say I picked that parcel up; but there, it is no good my saying anything, the old man has got me right by this time.
Cross-examined by MR. PATER. Q. Were you in the room when Hinds gave the packet to Brannan? A. Yes—Reardon was dressed, but had one stocking off, bathing his leg.
WILLIAM MILLER . (Policeman). I went to 21, Dudley Street, with the other officers—I said to Hurley, "What have you got there?"—she said, "Nothing"—I pulled up her dress, and she had a large packet under
it—she pointed to Evans, who shoved a large parcel under the bed, tied up in carpet—I took Hurley, and going down stairs she said, "It is no use pumping me, the sucker is dry; you found nothing on me"—on the road to the station, she said to a young man, "Run to my house as fast as you can, you devil, run"—she afterwards told me her house was 11, Church Row—I went there, and found that she carried on washing; there were lines, and other things.
ELIZABETH WINKLES . I am the wife of John Winkles, of 21, Dudley Street, and let lodgings—Reardon has lived in our house five years and a half—he had occupied the second floor front about eighteen months, with his wife; and Rebecca Evans, his servant, and her three children, occupied the second pair back—Reardon paid the rent of both rooms—I have seen Hurley come in once or twice, but the shop door was generally shut.
Cross-examined by MR. PATER. Q. Do you know what Reardon paid Mrs. Evans? A. Half-a-crown a week and her victuals—I know the woman who was taken the same day, she is his wife, as far as I know, and has lived with him five years—I never heard a whisper to the contrary—he has been suffering from a bad leg—his wife had not long gone out when the constable came.
Cross-examined by MR. GREEN. Q. Do you know that Hurley used to do washing? A. She used to go out sometimes.
MR. COLERIDGE. Q. Has Mrs. Reardon passed by that name all that time? A. Yes, but Reardon has been asked for by the name of Barlow, once or twice.
Reardon's Statement before the Magistrate. "I acknowledge the parcel, the women had nothing to do with it."
HURLEY received a good character.
GUILTY .— The Jury recommended Evans and Hurley to mercy.
REARDON** and EVANS†.— Five Years' Penal Servitude each.
HURLEY.— Eighteen Months' Imprisonment.
MESSRS. COLERIDGE. and GRAIN. conducted the Prosecution.
SUSAN FINNIS . I am barmaid to my father, at the George public-house, Goodman's Yard—on 8th April, between 8 and 9 a.m., I served the prisoner with a half-pint of porter—he gave me a shilling—I broke it with my teeth, told him it was bad, and that it was the second time he had been there—he said that he had never been in the house before, and ran away—I gave the shilling to my father—this is it (produced)—on 27th March I had served the prisoner with a glass of ale—he gave me a florin, I told him it was bad, and gave it to him back—he then asked me for a glass of porter, and gave me a penny—I am sure the prisoner was the man.
NATHANIEL FINNIS . I am the brother of the last witness—I saw the prisoner come into the bar and give my sister a shilling—she broke it, and said, "This is a bad shilling"—he said, "No, it is not"—she told him about taking one on 27th March, and he opened the door and ran out—I ran after him, but could not catch him—I told a young man.
JOHN WEEKS . (Policeman H 201). I saw the prisoner running, and a young man after him—I stopped him—he was very violent—I took him to the station—he said on the way that it was a very good job for me that a
City constable come up, or I shouled not have taken him to the station—Mr. Finnis gave me this shilling.
Prisoner. I never said anything of the kind. It does not stand feasible that a person would do such a thing twice.
GUILTY .— Twelve Months' Imprisonment.
OLD COURT.—Tuesday, May 4th, 1869.
Before Mr. Recorder.
455. JOHN JONES (22), and JOSHUA MOORE (19), to feloniously breaking and entering the warehouse of Sarah Edwards, and stealing a set of teeth and some ivory, value 47l., her property.— Twelve Months' Imprisonment each. [Pleaded guilty: See original trial image.]
MESSRS. METCALFE. and SLADE. conducted the Prosecution.
DORA MARCH . I live at Broadstairs—on 31st March I was staying with some friends in the Brixton Road—on that day I wrote a letter to my sister, and enclosed in it a brooch in a box—I addressed it to "Miss March, the Vale, Broadstairs"—I gave it to Miss Cronin to post—this (produced) is the brooch.
CHARLOTT CRONIN . I live at Claremont House, Brixton Road—on 31st March, about 4 in the afternoon, I took a packet, given me by Miss March, to post in Old Dorset Place, Clapham Road—a little boy named McCarthy actually dropped it into the post—but I saw him do so.
RICHARD GUMBLITON . I keep the Post Office receiving house, 12, Old Dorset Place, Clapham Road—a letter posted at my receiving house at 4 o'clock, would be sent on at 4.45 to the S. W. district office.
GEORGE PICKERSGILL . I am assistant charge taker at the S. W. district office—a letter coming from the Clapham Road office at 4.45 on the afternoon of 31et March, would, in the regular course, come to the S.W. district office about 5.30—it would be stamped in our office and passed on to the E.C. office at 5.45—there is no doubt this letter bears the stamp of the S.W. office—it would get to the chief office about 6.5 or 6.10.
ERNEST KERR WILLIAMS . I am a sorter in the General Post Office, in the newspaper branch—the prisoner was employed in the same branch—I was on duty there on 31st March—the prisoner was there—I was there from 9 in the morning—I saw the prisoner there from about 4 o'clock, on and off—about 6.20 I noticed him with a packet, like the one produced, in his hand, with some newspapers that he had been collecting—he went towards the S. E. division, deposited the papers on the table, and brought
the packet back again—I made a communication to another officer in that branch.
HENRY CHARLES PEREIRA . I am a book officer in the newspaper branch at the Poet Office—on the afternoon of 31st March I received a communication from Mr. Williams, in consequence of which I noticed the prisoner—he was collecting papers and packets for the S. E. division, to take to the S.E. table—he had his left arm stretched out, with a package between his thumb and fingers, and some papers and packets on his left arm—I then communicated with Mr. Payne, the overseer of the S.E. division—while I went to Mr. Payne I saw the prisoner take the packet from his left hand into his right—I should say it was a packet of this size—I did not see the face of it.
WALTER EDWIN PAYNE . I am the overseer of the newspaper branch of the south-eastern division in the General Post Office—on the evening of 31st March, my attention was drawn to the prisoner—he was collecting newspapers and packets for the south-eastern division—when I saw him first he held an armful of papers in his left arm, and a packet in his right—after carrying it some little distance in his right hand, I saw him place it in his right hand coat pocket—he went to the south-eastern division table and placed the papers there—when he placed the packet in his pocket, he withdrew his hand at the same time, used it, and placed it back again—I reported the matter to Mr. Capstick, a brother officer—I went with the prisoner and Mr. Capstick into the inspector's room—the inspector questioned him with regard to his having anything in his pocket that did not belong to him—he said, "No"—he pressed the question—he then said he believed he had taken a packet from the table, and at the same moment he produced it, and put it on the desk, from his pocket—this is the packet.
Prisoner. I should say it was an utter impossibility for the witness to see me putting the packet in my pocket; there was a table between us this height from the ground. Witness. There was nothing between us to prevent my seeing him; I was standing at the end of the stamping table.
HUGH CARTER . I am acting inspector at the General Post Office—the prisoner was brought into my room about 6.30, on the evening of 31st March—in consequence of what I asked him, if he had anything on his person that did not belong to him, he said, "No"—I said, "Are you quite sure?"—he said, "Quite sure, sir"—I then said, "Now be very careful what you say; did you take anything off the table, and place it in your pocket, that does not belong to you?"—he said, "No, sir"—I said again, "Be very careful what you say"—then there was a pause, and then he said, "Well, I think I did, sir," and he produced this from his pocket—he first pulled out his handkerchief, and then he pulled out the packet—he said, "I put it in my pocket, but I had no felonious intent"—I think he said he pulled out his handkerchief with the intention of using it—the prisoner was collecting from the table—he ought to have left this packet at the south-eastern table, and not to have brought it back again—it was his duty to collect parcels of every description sorted to that particular division—he should have put it down with the other things he collected.
MR. MKTCALPE. Q. Did you see the packet opened? A. Yes, at Bow Street, it contained a brooch.
Prisoner. He says he asked me four times; he only asked me twice, and the second time I produced the packet. Witness. He was not only asked twice, but the third time I asked him more impressively, and I believe the fourth time it was that he said, "I think I did."
The prisoner put in a written defence, stating that as he was collecting the parcels, and while he had the packet in his hand, a Mr. Levy, who was there, gave him a pinch of snuff, which caused a violent fit of sneezing, and he put the packet in his pocket while he used his handkerchief; that he then went about his duty, and forgot that he had placed it there.
WALTER EDWIN PAYNE . (re-examined). I saw a Mr. Levy there, he was employed there as an auxiliary—I did not see him speaking to the prisoner—I did not see the taking of any pinch of snuff—it might have taken place without my noticing it—to the best of my recollection he produced the packet the second time he was asked.
NOT GUILTY .
MR. HARRIS. conducted the Prosecution; and MR. RIBTON. the Defence.
GUILTY. of an indecent assault.— Twelve Months' Imprisonment.
MR. RIBTON. conducted the Prosecution; and MR. MONTAGU WILLIAMS.
CORNELIUS HANLEY . I am a tailor, and live in Little Britain—I knew the prisoner, he is a tailor, and lives in Edward's Place—on the night of 17th April, I was in Alderagate Street—we had been out together that day, drinking—I was sober, none of us were the worse for drink—the prisoner accused me of sending him a valentine—I said I had not sent it—he called me a liar—I said, "You are another"—he then rushed on me, and caught me round the neck, and bit my lip off, or partly so—I went to the hospital and had it dressed—I did not strike him before he rushed at me.
Cross-examined. Q. Did you not say to him, "You b—, if you call me a liar again?" A. No—I did not rush at him—we had been to a friend's house—I did not go out with him, I met him about ten minutes before this happened.
JOHN COLLINS . I am a hawker, and live in Edward's Place—the prosecutor and prisoner are strangers to me—on this night I saw them together at the corner of Edward's Place—I heard something said about dirty blinds and sending valentines—the prisoner accused Hanley of sending him a valentine—he said he did not—he called him a liar, and he called him one back—with that the prisoner rushed at him, caught him round the neck, and bit his lip—a constable came up and pulled him away—Hanley said he had bit his lip—the officer said "Serve you right," and shoved him away—I went to the hospital with him.
Cross-examined. Q. Do you mean the officer said it served him right? A. Yes, he said that to the prosecutor—I stated that to the' Magistrate—this was near 8 o'clock at night—I was standing at the corner, not two yards from them; they were close together, talking—the prisoner caught Hanley round the neck, and he struggled to get away—the policeman pulled them away.
ROBERT ANSCOMB . (City Policeman 112). On this Sunday night, I heard a disturbance in Edward's Place—I heard Hanley call the prisoner a b——liar—he said, "If you call me that again"—I could not hear what else passed between them—I saw them closing together, and in the struggle Hanley's hat fell off—I went and took hold of Hanley—he had got Burke round the neck with his arms, and I had to force him on to the pavement
before I could make him release his hold—I told him he had better go away, and Hanley likewise—there was nothing said about taking the prisoner in charge at the time, and not a word about his lip being bit—I saw the lip bleeding—it was trifling at the time—he went away somewhere—I don't know where—I did not see Collins there.
Cross-examined. Q. Had you seen Hanley following the prisoner' about for some time? A. I had; and aggravating him—the first time I saw them, was about 6.45, that was about an hour and a half before the occurrence—I heard him use bad language—I saw him several times during that hour and a half—they were walking together, Hanley was abusing the prisoner, and he returned the compliment; I saw Hanley's arm round the prisoner's neck, and I had a job to get him off, they were struggling together, not on the ground—I had to force Hanley on the ground before I could get him to release his hold—his lip was bleeding at that time, but nothing was said about it, or about taking him into custody—I did not say it served him right, or any such expression.
MR. RIBTON. Q. Had you ever seen the prisoner before? A. Yes; but not to know him, or have any conversation with him.
WILLIAM DEAN BUTCHER . I was house surgeon at St. Bartholomew's hospital—Hanley was brought there by Collins, about 9 o'clock—I examined him—I found a small piece cut completely out of his lip, he had lost a good deal of blood, but was not bleeding at that time—he will always have the mark, it will never completely recover—there were the marks of teeth on the lip.
Cross-examined. Q. Did he appear as if he had been drinking very much? A. He had been drinking, certainly—a blow with a ring would not have caused the injury, a piece was cut completely out, and there were the marks of teeth—the front of his dress was stained with blood.
JOHN TURNER . (City Polwefmian 162). I apprehended the prisoner about 10.15 the same evening—I told him I wanted him on a charge of assault, and biting a man's lip off—he said he did not do it, and he did not know anything about it—he was sober, but appeared as if he had been drinking.
Cross-examined. Q. Where did you take him? A. At his lodging, in bed.
The prisoner received a good character.
GUILTY .— Four Months' Imprisonment.
459. JOHN COLEMAN (48), JOHN LAWRENCE (60), and WILLIAM HOOPER (25) , Unlawfully conspiring together, with others, to procure for sale twenty copies of a painting called "The Railway Station," and other Paintings, without the consent of the publisher.
COLEMAN PLEADED GUILTY .
MR. H. S. GIFFARD, Q. C., and MR. MONTAGU WILLIAMS. conducted the Prosecution; MR. UNDERDOWN. defended Lawrence, and MR. METCALFE. defended Hooper.
HENRY GRAVES . I am a publisher and print seller, at 6, Pall Mall—I published a painting called "The Railway Station"—I produce an engraving of that picture—I registered the painting at Stationer's Hall, on 30th April—this is an impression from my engraved steel plate—this (produced) is a photograph from my engraving—I have a picture called "My First Sermon, "Painted by Mr. Millais—this is a photograph of my engraving of "My First Sermon"—this is a photograph of a picture called "My Second Sermon," from my engraving—I have copies of my engraving here—this is
a photograph of a picture called "Ordered on Foreign Service," from my engraving—I also produce the photograph of the painting called "The Anxious Mother," from my engraving—I published an engraving of the picture called "The Last Kiss"—this is the photograph from it—I know a picture called "The Parable of the Woman Searching for the Lost Piece of Money"—this is a photograph from my engraving of that picture—I am sole publisher of those engravings, the photographs of which have been produced—I never gave my consent to either of the prisoners to copy or sell them—I have spent a very large sum of money on these pictures and their copyrights, since I have been in business, nearly half a million of money—I have found, from time to time, the engravings have decreased in sale on account of these photographs—an engraving of "The Railway Station" would be five guineas—the photographs are sold for 10s., 12s., or 15s.—I never gave Lawrence any authority to copy my works at all—the painting would not produce a photograph—the plate must be done first, and then the photograph taken from the plate.
Cross-examined by MR. UNDERDOWN. Q. We will take the pictures in order—the first, I believe was "The Railway Station;" who was the painter of that? A. Mr. Frith, the R A.—I have the agreement here signed by him and Mr. Flatow—I bought it from Mr. Flatow on 7th July, 1863—I did not buy it from Mr. Frith, but he was a party to the agreement—I bought it of Mr. Flatow—I registered the copyright myself at Stationer's Hall—I have never seen a registration of the copyright in Mr. Frith's, nor in Mr. Flatow's name—there is the registration (produced) which I made myself—it certifies that I am the owner of the copyright (read)—that is the only registration of copyright I have, and this is the agreement between Mr. Flatow and myself—the date of registration is May 30th, 1868—the agreement is dated 11th July, 1863—that is the evidence of my copyright in that picture—the next is "My First Sermon,"That was painted by Mr. Millais, R A.—I don't know when—I bought it of the trustees of Moore & McQueen, the publishers, a limited society—they had the management, I believe under the Court of Chancery, or some Court, for the winding up of the affairs—I have not that agreement here—I think it was burnt in my unfortunate fire when the Opera was burnt—the copyright and picture was sold to me by that agreement—the copyright and the steel plates—I caused that to be entered in the registry (read)—I made the transaction with Mr. Agnew, one of the trustees—"My Second Sermon" was also painted by Mr. Millais—it was a companion picture to it—I bought it at the same time, and under the same circumstances, from the same person—I have never discovered that agreement since—that, with others, was in the centre room of my premises, which was burnt to ashes—I saw it when it was made, and read it through carefully—Moore & McQueen were the owners of the picture when I bought it—I don't know that that appeared on the face of the agreement—it was well known in the trade they were the owners of the copyright, and I was perfectly satisfied of it, or I should not have bought it—I satisfied myself that Mr. Agnew had sold it to Moore & McQueen, who bought it from Mr. Millais—I was not present when it was first purchased—the picture, "Ordered on Foreign Service," was painted by Mr. Collinson, and I purchased it and the copyright direct from him—the memorandum of agreement was burnt in the fire on my premises when Her Majesty's Theatre was destroyed—I bought the picture at the British Institution in 1863, and the copyright was transferred to me subsequently—the "Anxious
Mother" was painted by Mr. G. B. O'Niel—the copyright of this picture I purchased of Mr. Flatow, and it was duly registered—"The Last Kits" is the work of Miss Edwards; I bought it at the Royal Academy, private view, and it was registered in 1865—it was said by Mr. Trewbridge that he had previously purchased the picture, but Miss Edwards arranged matters, and I retained it—"The Lost Piece of Money" was painted by Mr. Millais for Baron Marochetti—I bought copyright and picture direct from the artist—when my plate was finished I sent the picture home to Baron Marochetti, and that is all I know respecting it—"The Piper and Pair of Nutcrackers" was painted by Sir E. Landseer, and I published the engraving in 1866—I bought the copyright of Mr. Flatow—I never purchased the picture—Mr. Flatow bought it of Sir E. Landseer—I am sorry to say that these pirated photographs are made in too many places.
WILLIAM HENRY BURGESS . I am in the employment of Mr. Graves—I have seen Coleman hawking photographs about, from 10 o'clock in the morning till 9 o'clock at night, for six or seven weeks together—I have purchased photographs of him—I know the prisoner Lawrence—he occupied a room on the third floor at 15, Powell Street, Goswell Street West, Goswell Road—I watched the house for some considerable time, and saw Coleman go in and out with a black box—I have seen brown paper parcels taken to Lawrence's by Coleman—on one occasion, in Lime Street Square, part of a parcel was open, and I saw photographs of "My First Sermon," and "My Second Sermon," inside—I was present when Lawrence's house was searched by the police—850 photographs of pictures were found there.
Cross-examined by MR. UNDERDOWN. Q. Are you the gentleman who describes himself on this card as a private detective, ready to get up evidence in divorce, bigamy, county court, and other cases? A. I am; but for two years I have been employed by Mr. Graves, exclusively—there have been a great many convictions, and a good many people have been imprisoned—I was introduced to Mr. Graves by Mr. Curry, a clerk to an optician—I made it my business to be intimate with the prisoners—I may have written letters to people, asking them to get photographs for me—I have seen photographs of almost all the subjects which have been mentioned here—I saw Coleman pay Lawrence money on one or two occasions—I cannot say that I have paid particular attention to any female relatives of the prisoners—I was never engaged to be married to one of them.
EDWARD JOHN McDOUGAL . I have been engaged for several weeks in watching the three prisoners—I went to Hooper's shop, on one occasion, to take two photographs to be mounted, and I saw Lawrence there—he left with a brown paper parcel in his possession—it was the same parcel that Mr. Hooper had previously shown me—it contained photographs of "The Railway Station," "My Second Sermon," and other pictures—I have seen. Coleman go into Lawrence's house; and Lawrence, on other occasions, has met Coleman in Lime Street Square, and received money from him.
Cross-examined by MR. UNDERDOWN. Q. Is the letter produced in your handwriting? A. It is (Letter read. It was addressed to Messrs. Beckman Brothers, and asked them to obtain photographs of certain pictures, including "My Second Sermon" some landscapes, &c.)—The letter was not written exactly at the dictation of Mr. Graves; I used my own discretion as to what I should say—it is a practice generally adopted—I have asked shop-keepers for photographs, that I might buy them—Mr. Graves always found the money.
JOHJI MARK BULL . (City Detective Sergeant). I received warrants to apprehend the prisoners—I and Sergeant Funnel! watched Lawrence's house on 17th December—I saw Coleman come out with a black box over his shoulders—we followed him as far as Old Street, where we stopped him, and took from him the box—it contained photographs of some of the engravings produced, "The Railway Station," "The Piper and Nutcrackers," "My First Sermon," "My Second Sermon," and "Ordered on Foreign Service"—we afterwards searched Lawrenoe's house.
EDWARD FUNNILL . (Detective Sergeant). I acted with the last witness in apprehending the prisoners—I sent a person to knock at Lawrence's door—on Lawrence coming out we walked in—I asked him if his name was Lawrence, and he said that it was—I told him that I held a warrant for his apprehension—he became very excited—I said that I wanted to search his house, and he replied that if I had not plenty of strength with me, if I had only two or three officers, I should not take him out of his house alive—I had five officers with me—I took him up into a room, and read the warrant, and then we searched him, and the house—I found about 850 photographs, of different kinds, and they were identified by Mr. Graves as copies of his engravings—there were hundreds of others of which the prosecutor knew nothing—there were copies of "The Railway Station," "My First Sermon," "My Second Sermon," "Ordered on Foreign Service," "The Last Kiss," &c.—he was asked by Mr. Graves from whence he had the photographs, and he replied from a person in Scotland, but that he did not know exactly where he lived.
Cross-examined. Q. Were there as many photographs found, which were not copies of Mr. Graves' pictures, as there were copies? A. More.
JOHN CUMROY . I am a picture dealer, and have been to Lawrence's place of business six or seven times altogether—I purchased small photographs from him on different occasions—they were the size of cartes de visite—I bought copies of "My Second Sermon," "The Piper and Pair of Nutcrackers," and "Ordered on Foreign Service"—I paid a mere trifling price for them, about 1 1/2 d. each, or 1s. 8d. per dozen, I forget which—we had a few words about his selling these photographs—he said that it could not interfere with the sale of Mr. Graves' large engravings, he thought Mr. Graves would not look after such little things, but that it would be better to be cautious.
Cross-examined. Q. You have been in this line of business yourself? A. Not very much; I have been charged with it, but not convicted—I was summoned, but the summons was in the wrong name, and I did not appear—they afterwards fetched me in the right name—there was no trial—Mr. Graves was very lenient with me, and let me off, and then his agent asked me if I would appear against Lawrence—I told him that I would find out all that I could—I said that my transaction with Lawrence was of so trifling a character that anything that I could say would not do him any injury.
HENRY MANSER . I live at 188, Si John Street, Clerkenwell, and am a picture-frame maker—I know Lawrence, and have purchased from him, at different times, photographs of "The Railway Station," "The Piper and Pair of Nutcrackers," "Ordered on Foreign Service," "My First Sermon," "The Last Kiss," and others—I have been prosecuted for these things myself, but was let off on consideration—I paid the expenses of the summouses—I gave Mr. Graves 30s.
Witnesses for the Defence.
Sermon"—I finished it about January, 1863—I sold it to Mr. Gambart—I should have reserved the copyright to myself at the time it was paid for; I did not—I painted "The Second Sermon" in 1864, and sold it to Mr. Agnew—I painted it for him—it was understood that the copyright was to pass to him—"The Lost Piece of Money" is mine; the transaction of that was, that Baron Marochetti made a bust of my wife, and I promised to do something in return—I gave it to him after it came from the exhibition—it was painted before that, in 1862—I sold the copyright to Mr. Graves, in December, 1862—I have an entry in my book of the payment at the time I sold it, and there was a payment afterwards—it came from the exhibition to me, and then went into the hands of Mr. Graves.
Cross-examined by MR. GIFFARD. Q. I believe you spoke of having sold the first picture that was mentioned to Mr. Gambart; what do you mean, exactly? do you mean, you agreed to sell it to him, and it was not entirely carried out? A. It was not, it was a peculiar case; it was in this way: Mr. Gambart came to me, and I understood he was to have the picture; and a short time after that Mr. Agnew came to my studio, and saw the picture, and told me he had bought it of Mr. Gambart, and at that time he understood that the copyright was mine, a fact which he must have discovered from Mr. Agnew—he wished to have the copyright as well as the picture, and there and then he gave me a cheque for the copyright—that was on 27th January, 1863, and the next day Mr. Gambart paid me for the picture; so I was paid by Mr. Agnew for the copyright before I was paid for the picture—Mr. Gambart has not complained.
MR. UNDERDOWN. Q. Until the transaction was completed you considered the copyright was yours? A. Yes.
WILLIAM POWELL FRITH , R. A. I am the painter of the picture called "The Railway Station"—it was begun in 1860 and finished in 1862—the picture from which the engraving was taken was finished in December, 1862, and the whole transaction was completed in 1863—it was painted on commission for Mr. Flatow—he had two pictures of the same subject.
ROBERT COLLINSON . I painted the picture "Ordered on Foreign Service"—I commenced it in 1861, and completed it in 1862—I sent it to the British Institution, in Pall Mall, and subsequently sold it te Mr. Graves—I made certain reservations as to the copyright when I transferred it to Mr. Graves—I reserved to myself the right of disposing of all studies and sketches of the said picture in my possession—this is a memorandum I made: "I afterwards, before the said payment was made, transferred to him the copyright, and gave him a slip to that effect."
HENRY MURRAY . I am a solicitor—I have the agreement about "The Railway Station," between Mr. Frith and Mr. Flatow—the date is the 10th September, 1860—I have nothing about "The Anxious Mother"—I have the transfer, to Mr. Flatow, of "The Piper and Nutcrackers"—I have the draft proposal to sell the copy; that is dated 4th November, 1864.
THOMAS HIND HILLS . I am a friend of Sir Edwin Landseer's, and take care of his things, sometimes—I recollect the painting of "The Piper and the Nutcrackers"—that was sold to Mr. Flatow in 1864, I think—he bought three pictures.
Photographs, at Stationer's Hall, from the commencement—there is no entry there of a transferrence of a copyright from Sir Edwin Landseer to Mr. Flatow, of "The Piper and the Pair of Nutcrackers"—all I have here is from Flatow to Mr. Graves—there is no entry of the First and Second Sermons, from Moore & McQueen to Graves & Co.; nor from Millais to Mr. Gambart; nor from Mr. Gambart to Moore & McQueen—there is no entry from Millais to Mr. Agnew; or from O'Neill to Flatow—there is a registration of "The Lost Piece of Money," from Mr. Millais to Mr. Graves—I have no entry in the name of Mr. Millais, as being the proprietor of that copyright—I have not seen it.
LAWRENCE— GUILTY .— Twelve Months Imprisonment.
HOOPER— NOT GUILTY .
COLEMAN— To enter into recognizance to appear to receive judgment when called upon.
NEW COURT.—Tuesday, May 4th, 1869.
Before Mr. Common Serjeant.
460. HENRY THIERRY (31) , PLEADED GUILTY . to feloniously forging and uttering an order for the payment of 5l. 12s.; also, an order for the payment of 4l.; alto, an order for the payment of 4l., he having been convicted, at Clerkenwell, in May, 1867— Two Years' Imprisonment.
461. JAMES COLVIN (22) , to unlawfully obtaining 5s. 8d. and 8d. 4d., by false pretences; also, the sum of 3s. 8d.; also, to feloniously forging and uttering a receipt for 3l. 2s. 6d., with intent to defraud; also, to stealing twenty-four bill-heads of the Great Northern Railway Company, his masters— Twelve Months Imprisonment. And [Pleaded guilty: See original trial image.]
462. GEORGE HARGREAVES (35) , to burglariously breaking and entering the dwelling-house of James Ritter-muller, and stealing one handkerchief and 6d.; also, to burglariously breaking and entering the dwelling-house of Emma Stephens, with intent to steal. He received a good character— Nine Months Impritonment. [Pleaded guilty: See original trial image.]
MR. SERJEANT PARRY, with MR. F. H. LEWIS, the Defence.
JAMES McDARBY . I am a laceman, of Han way Street, Oxford Street—on 3rd March, 1866, an acceptance of mine for 139l. 13s. was coming due, and I sent this cheque for that amount, dated 2nd March, 1866, to Messrs. Eagle, Higgins, & Hutchinson—I have looked for the acceptance, but cannot find it—the cheque was returned to me by my bankers, who have debited me with the amount—my pass-book is here—the acceptance was given for goods supplied by the firm.
Cross-examined by MR. SERJEANT PARRY. Q. If I understand the trans-action, you sent the cheque to Higgins & Co. to take up a bill which was due on the 3rd? A. Yes—I crossed the cheque—I believe this to be Mr. Higgins' writing on the back—he is the principal of the firm.
EDWARD EDWARDS . I am chief clerk and cashier to Higgins, Eagle & Co.—I keep the books of the firm, and have them all here—the course of business is to enter the goods supplied to customers in the journal, and the goods so supplied and entered are posted to the debit of the customer in the ledger—when goods were paid for in cash it was the duty of the person
holding the prisoner's position to debit himself in the cash-book with that amount, which would be posted to the credit of the customer's account in the ledger—in ordinary transactions goods were supplied and money paid, but in cases where acceptances are given the course is that the acceptances shall be entered to the debit of the customer the same as cash—that item so entered to the debit would be carried to the credit of the customer's account in the ledger, the same as cash, and a folio would be entered intimating that it had been carried into the cash-book—whether the prisoner would keep those acceptances in his cash-box or pay them into the bank, would vary according to circumstances—if the acceptance was discounted before it came to maturity, it would sometimes be taken up by a cheque of the firm, but not always—where it was taken up by a cheque of the firm a credit entry for the amount would appear on the credit side of the cash-book, and where the customer's cheque or money is received to take up the acceptance, it would appear on the debit side—where an acceptance is taken up by a cheque of the firm, there would be a credit entry in the cash-book, and a debit entry of the money received from the customers—it is our practice to put what we term exchange folios, a folio opposite the debit, indicating where the credit is made, and a folio opposite the credit, intimating where the debit is made—this would not be a ledger transaction—in the case where an acceptance is dishonoured, a cheque would be drawn by the firm, and entered on the credit side of the cash-book—where the bill is dishonored, the credit would be carried to the customer's account, which would be charged with it—the credit entry would have the folio of the ledger, and the entry in the ledger would have, the folio of the cash-book credit—when the customer paid the money it would appear on the debit side of the cash-book, and would be posted on the credit side of the ledger to the customer's credit, whose account would then be square, and the transaction in the cash-book would appear, the prisoner debiting himself with the acceptance, and crediting himself with the cheque or money to take up the acceptance—in McDarby's account here is a debit of 139l. 13s., for goods supplied between September 19th and October 19th inclusive—the cash-book containing the entry of McDarby's acceptances is missing—I last saw it in the autumn of 1867, in the prisoner's possession, but have not been able to find it since—McDarby's account is credited in the ledger with this acceptance, and bean a folio referring to the missing cash-book—McDarby's account stands debited with goods and credited by the acceptance which had been discounted—this cheque (produced) is drawn in the prisoner's writing, and I find that be credits himself with it in March, 1866—it is the cheque given by the firm to pay McDarby's acceptance, and therefore that item appears to the credit of the prisoner's account—this cheque (produced), given by McDarby to take up his acceptance, is not debited in the prisoner's account—it nowhere appears to his debit—I find on the credit side the exchange folio 29, but at folio 29 on the debit side there is no entry—that folio 29 is a fictitious entry—in the course of writing, the figures indicating the folio would be made after the corresponding debit entry; it would not be made till he had made the entry on the debit side—this cheque of McDarby's did go through the prosecutor's bank—the prisoner's cash balance would be made up of the money in the bank, plus the money in the cash-box, and the amount of the cash balance would appear according to the debits in the cash-book—if any sum was not entered to the debit the cash balance would be so much less, and although the cheque might be carried to the cash
account, the cash balance would still be the less—a corresponding amount might be taken out of the cash-box, but when we cast up the cash balance there was this amount against him.
Cross-examined by MR. SERJEANT PARRY. Q. Was this cash-book entirely kept by the prisoner? A. Entirely, but I occasionally posted into it; I posted all cash for goods bought—I should not post this cheque to take up an acceptance—I cannot speak positively, but I believe the prisoner had occasionally the assistance of other clerks—he gave himself credit for this 139l. 13s., and then he would have to account for that amount; it is rightly entered to the credit of cash, not to the credit of Tester, that is the payment side—the entry of McDarby's original cheque for 139l. 13s. is in the missing book, he there debits himself with the bill—what I say is, that he ought to have debited himself with this cheque—he has not debited himself with the cheque in the missing book, but with the original acceptance—I say that, because it ends December 31st, 1865, therefore the cheque could not appear in it, because it is dated March, 1866—it ought to have appeared at page 29 of the cash-book of March 2nd—what appeared in the missing book was the three months' bill—what he ought to have done, was to debit himself with the cheque, and he has not done it—his duties were very responsible—I have succeeded him, and my duties are very responsible—I believe he had been twelve years in the service of the firm, six years with me—I believe that almost all the gentlemen connected with the firm, and also their chief clerk, and Tester, left another lace firm and established this busines, but I do not know it of my own knowledge—I know that Mr. Tester has been known to the firm for a longer period than he has served them as clerk—I have heard that his salary was 340l. a-year—he left on 31st March, 1868—he received many cheques and a great quantity of cash in the course of a month, and on the two principal collecting days he would receive a larger amount of cash than on other days—he sometimes had more than 1000l. in cheques, and cash, and notes, in his cash-box, to pay into the bank—the two collecting days were the 10th of the month and the second Thursday, which varied from the 8th to the 14th—I do not know whether he received and opened all the letters that came from the country of a morning, I do not do so, one of the firm does that—if one of the firm opened the letters, then the remittances from the country would pass through Tester's hands every morning—that is the case with me now—we send out about eight collectors to collect the town accounts, the business has increased very much since that—I observe that on 1st, 2nd, and 3rd March, 1866, 2774l. odd passed through his hands—there are numerous items—that goes on through the book—all these entries are made by him, but I believe he occasionally had assistance—I do not receive the same salary as he did, I receive 270l.—very nearly a quarter of a million passed through his hands in a year—I have been engaged in investigating these accounts since Mr. Tester left, to discover anything which I believed was wrong, and I stated it to my employers, and they acted upon it—I have gone back as far as 1862—the amount per annum that passed through his hands extended over that time—this book commences January, 1866, and ends September, 1867—besides the duty of making all these entries, it was his duty to pay all cash into the bank—the cheque for McDarby has been paid into the bank—this is the banker's pass-book of March, 1866 (produced)—the payments were generally made in the gross, but occasionally not so—this 800l. on March 1st represents the
receipts of the day; and March 2nd is 176l. 10s.—on March 10th 882l. 18s. 3d. was paid in in one amount—these amounts were left entirely to Mr. Tester—there was never an audit of accounts during the six years he was there, that I am aware of—my examination extended to 1866 and 1867 only.
JURY. Q. Was there a cash account kept, showing the amount paid in? A. There would be, but those books are all missing—McDarby's acceptance was due on 3rd March, he sent a cheque on the 2nd, and the firm drew a cheque on the 2nd—this acceptance was held by the Bank of England, and at maturity they present it to me for payment—they would not take McDarby's cheque, they would only take our cheque—I should say that the acceptance was payable at our warehouse, but I cannot say, they are occasionally made payable there.
COURT. to J. MCDARBY. Q. Where was your acceptance made payable? A. I think at the prosecutor's warehouse.
MR. SERJEANT PARRY. to E. EDWARDS. Q. Would the cheque given to Higgins be actually given to the banker's clerk when he called when the bill was due? A. Yes—the cheque of Higgins went into the Bank of England at once—ocurs is the City Bank—the prisoner, on behalf of his employers, got the various bills that came into his possession discounted at various houses; that was part of his duty—this bill of McDarby's was discounted by him at the Bank of England—we discounted once a month, and took a lot together—that is part of my duty now—the prisoner kept a bill-book, in which it was his duty to enter all bills—perhaps fifty bills would pass through his hands in a month—I should multiply that by twelve for the year—about 600 bills would pass through his hands in a year—it is about the same number now—this entry of 31st March (produced) is in the prisoner's writing, that discharges McDarby—there is no complaint of any entry in this account, or of the absence of any entry—the town ledger clerk kept this book—this "29" is in the prisoner's writing, it refers to the opposite page of the same book, because by accident the dates are the same—we occasionally discounted with the City Bank, and the National Discount Company, and three or four places—an I O U system prevailed, but it does not practically prevail now—the clerks and servants were in the habit of obtaining an advance of their salaries, and giving I O U's for it to Mr. Tester—the firm also obtained money from him—I do not know whether they gave I O U 's, that would be known only to them—the firm take cash of me—they do not give I O U 's, it is charged to them in a certain account immediately—the prisoner might have 1000l., and it might have been 2000l. on the evening of the 10th—he generally had to keep a small balance in the cash-box for change—I do not know that on 25th January, 1866, he had advanced cash to the amount of 191l. 6s. 4d., there are no means by which I can tell—I have the cheque-books here—I believe large sums were advanced on account of salaries—here is a counterfoil, on 25th June, I O U's 19l. 6s. 4d., and total for salaries 301l.—that was paid in sundry sums, and the prisoner would take credit for it in his cash-book—on 29th March, 1866, he appears to have advanced 498l. on I O U 's, and the balance of wages is 150l.—on 20th June, 1866, I find, "I O U's 515l.," cheques 182l. 2s. 2d."—on 28th June, "I O U's 270l. 10s., cheques 300l.," being 570l. 10s. together—the salaries and wages were paid monthly, as a rule—since I have been at the head of the counting-house, this system of I O U 's has been practically abolished, it is reduced to as many tens as there were hundreds—that arrangement applied to all that were paid monthly, and not to porters, they were paid weekly.
MR. HUDDLESTON. Q. Was this system of I O U's a transaction between the clerk who wanted an advance and the prisoner? A. Yes—the clerk who wants an advance goes to the prisoner, gives an I O U, and receives part of his salary, to be debited at the end of the month—the I O U's represent cash—this one item in January, 191l. 6s. 4d., seems to have been advanced by him to clerks whose salaries were coming due—at the end of that month he would repay himself by writing off that amount—this is the first time he has ever suggested that—no suggestion of that kind was made before the Magistrate—this "folio" 29 is in the prisoner's writing, indicating that there is a corresponding debit entry at folio 29, but there is no such entry—the amount is greater now than when the prisoner filled the situation, but I have no difficulty in discharging the duties—the banker's pass-book says "Cash 139l. 13s.,"There is nothing there to show that that came from McDarby—he has nothing to do with the entry in the pass-book, it would not show to any person who looked at it that that was McDarby's cheque, it would look the same as if it was paid in in gold and silver—the cash-book is not forthcoming—it was in the prisoner's custody—it cannot be found since he has left, nor the paying in cash-book—when bills were received they would be initialed by the prisoner.
RICHARD HIGGINS . I am a member of the firm of Higgins, Eagle, Hutchinson & Co., of 6, Cannon Street, lace warehousemen—the prisoner came into our service in 1856 as principal clerk, his salary when he left was 360l. a year—Mr. Edwards now occupies the same position—this cheque was signed by me on behalf of the firm, to take up the acceptance of McDarby for 139l. 13s.—the date is March 3rd, 1866—we hare been debited with that in our banker's book—stock was taken at Christmas, 1866—I have not the stock taking book for 1866 here, but I have for 1867—after taking stock in 1866 we had a conversation with the prisoner respecting the stock taking, but I do not recollect whether any reference was made to the deficiency—I believe the deficiency was 462l.—we took stock again at Christmas, 1867, and the deficiency was then about 900l.—the paper (produced) represents the debts owing to the firm in 1866, but it does not contain the stock taking—after the stock taking in 1867, when we found 900l. deficiency, I had a conversation with the prisoner on the subject—he was asked if he could account for the deficiency by myself, in conjunction with Mr. Eagle, and I believe we were all present—he said, "I do not believe it"—he was asked if he could account for it in any way—in consequence of that conversation it was arranged that Mr. Hutchinson should examine the books—I believe that was in January, 1868—Mr. Hutchinson fell ill, and the examination was carried on by Mr. Edwards at a subsequent period.
Cross-examined by MR. SERJEANT PARRY. Q. Is this (the stock-book) in your writing? A. No—I did not superintend the stock taking, I left it principally to Mr. Hutchinson—this was at the end of 1867—I do not speak from the results he arrived at, but from the results shown by the prisoner—the greater part of this book is in the prisoner's writing—he took the accounts and balanced—we take the quantity of goods that are on the premises at the end of the year—we also take the amount of our purchases and sales; but that has nothing to do with the stock taking—this, "Bought ledger," is in Mr. Edwards' writing—this, "Town debts," is not in the prisoner's writing, I told you that some part of it was—this all comes from my books, which are kept in the counting house—the prisoner had
nothing to do with the accounts—the stock in hand remaining unsold in 1867 was about 30,000l., and at the end of 1866 it was about the same—we do not value it at invoice prices, we put an actual value, according to the state of the market—if goods have increased in value, we take the increased value, and if lessened, the lesser value—the value is what the firm would have to give if ther went into the market and bought it on that day; the market price—a deficiency of 900l. is not the correct term, it is not a deficiency on the transactions of the year's business, but it is a discrepancy, which is not accounted for by comparing the sales and profit on the sales with the expenses and outgoings—we arrived at it by comparing Mr. Edwards' books with Mr. Tester's, and therefore, there was a check so far as those books were concerned, in comparing the profit with the expenses-book, there is a discrepancy of about 900l.; not a deficiency on the year's trading, but debiting the expenses, there is something wrong in the result—that discrepancy would not be at all affected by the variation of the market—this is the definite result, it has nothing to do with the diminished value of the goods—a balance sheet was struck at the end of 1866—that shows a deficiency, in the same manner as 1867, of 400l.—the balance sheet consists of the entire transactions of one year—we have premises in the Curtain Road—I will pledge my oath that in that balance sheet for 1866 a deficiency is shown—this (produced) is the balance sheet for 1867; but it will not show the amount; it shows a loss, in 1867, of 446l. 2s.—that represents the amount unaccounted for between profits and expenses—we took the bad debts at a valuation.
Q. You value them at 200l., suppose they were to produce 300l., that would lessen the amount? A. No—it would not show in that year, it would show in the following year—the 900l. does not include the discrepancy of 400l. in the previous year—the balance less 446l. 2s. means that comparing the profits made, which are ascertained from various books, and the expenses compared with the profits, there is an amount of 446l. 2s. unaccounted for—during the whole of this time the prisoner's accounts were not checked or audited by me—they were partially checked by Mr. Hutchinson, but to what extent I am not able to say—I was sometimes in the habit of taking money from the prisoner, and giving him an I O U; but the practice invariably was that in receiving money for my private purposes, the amounts were entered in the cash-book, and initialed by myself, to show that I had received the money—the practice ought always to have been so, and it was so, with very rare exceptions—I believe my partners occasionally gave I O U's for money—Mr. Tester also kept the private ledger for the firm—he did not assist in the warehouse; he may have done so voluntarily, but it was not part of his usual work.
MR. HUDDLESTON. Q. Instead of going to your bank, you would take your own money from Tester, and give him an acknowledgment? A. Yes; almost invariably the amount was entered in the cash-book, and initialed by us—it would go to our private accounts, and he would get credit for it—Mr. Hutchinson used to call for the cash balance occasionally, and the balance would be made up by the amount in the bank, and the amount in the cash-box—he was liable to be called upon at any time for the cash balance—when we made up our account, I put on one side our expenses and outgoings, and on the other our sales and profits, and comparing the one with the other, I find in one year 400l., and in the other 900l., less than there ought to be.
WILLIAM EAGLE . I am one of the firm of Higgins, Eagle & Hutchinson—in January last the prisoner called me into the counting-house, and said that he objected very much to Mr. Hutchinson going over the books, that they were all right, and he considered it casting a reflection on him; and he talked of resigning—Mr. Hutchinson was ill—he came down twice a week, and then Mr. Edwards went on—the prisoner asked for a partnership, which we did not entertain for a moment; and then he gave notice, in March, 1868.
MR. SERJEANT PARRY. Q. That put an end to all engagements between you? A. Yes.
JOSEPH HARLET POWIS . I live at 11, Temple Street, Birmingham—in April, 1866, I carried on business in Birmingham, under the style of H. Powis & Co.—I had an acceptance coming due on 14th April, 1866, drawn by Higgins, Eagle & Hutchinson, for goods supplied—I cannot tell you where the acceptance was payable—I was in the habit of accepting bills drawn by Messrs. Higgins, payable, I think, at the Joint Stock Bank—the date of this cheque is 12th April, 1866—I sent it by my clerk—he omitted to send it before bank hours, and I sent it by post to the prosecutor—it is for 116l. 9s. 6d.—I am debited with it in my bankers' book, which I have with me—the cheque is crossed to the City Bank, and is payable to Higgins, Eagle & Hutchinson, or order—it is endorsed, "Higgins, Eagle & Hutchinson."
EDWARD EDWARDS . (re-examined). By the ledger account, I find that Mr. Powis is debited with goods to the amount of 116l. 9s., 6d.; and in the cash account Mr. Powis's acceptance is debited to the prisoner for 116l. 9s. 6d., on the 15th January, 1866—the acceptance is debited, and the cash account is credited to the prisoner, in the ledger—Powis's acceptance was dishonoured, through omission to advise the bank in time—this cheque for 116l. 11s. was drawn by Messrs. Higgins to pay Powis's acceptance; 1s. 6d. is added for noting—the prisoner ought to credit himself with that cheque, and he has not done so—as Powis's acceptance was dishonoured, this entry ought to have been carried to the debit of Powis, in the ledger, as a dishonoured acceptance, and it is so carried—Powis sent up this cheque for 116l. 9s. 6d., which bears the endorsement of the firm in the prisoner's writing, and it was paid into the bank—he has not debited himself in the cash account with that cheque—Powis's account in the ledger is debited with the dishonoured acceptance, 116l. 11s., to which there is "Fo. 45," indicating that at folio 45 the cheque will appear in the cash-book—I find, opposite Powis's account, for the dishonoured acceptance in the ledger account, "Fo. 76, 116l. 9s. 6d."—that means that at folio 76 will be found this entry; but there is no such entry—there is no debit to the cash account for Powis's cheque.
JANI HALLIWELL . I am a ladies' outfitter, of Croydon—on 1st May, 1866, I accepted the draft for 83l. 9s. 6d., drawn by Messrs. Higgins, Eagle & Hutchinson, payable on 4th August at their warehouse—it was met when due.
EDWARD EDWARDS . (re-examined). In Mrs. Halliwell's account, goods to the amount of 83l. 9s. 6d. appeared to her debit—she also appears to be credited with an acceptance, and "Fo". 86 is appended to that credit entry—that means folio 86 in the cash-book—the prisoner does not debit himself with that acceptance in the cash-book—this is the date of the acceptance when the bill began to run—there is no such debit—this was paid by Mrs.
Halliwell at maturity—I cannot find that the prisoner debits himself with it anywhere.
The prisoner received an excellent character.
NOT GUILTY . (See page 37).
PLEADED GUILTY .
MURRAY and CROOMES were further charged with having been before convicted.
THOMAS PHKLAN . (Policeman L 170). I produce a certificate—(Read: William Cope convicted at Lambeth Police Court, April, 1868, of stealing a purse. Two months' imprisonment")—I was present at the trial—Coombes is the man.
RICHARD KEMP . I am a warder of the House of Correction—I produce a certificate—(Read: "Thomas Dixon, convicted July, 1867, at Southwark, of stealing 8s. 6d. from the person. Four months imprisonment")—Murray is the person—I had charge of him.
MURRAY and CROOMES GUILTY.— Years' each in Penal Servitude. RYAN.— Twelve Months' Imprisonment.
THIRD COURT.—Tuesday, May 4th, 1869. Before Robert Malcolm, kerr, Esq.
MR. HUNT. conducted the Prosecution.
MARY ANN GOODFELLOW . I am the wife of William Goodfellow, and live at 93, Norfolk Road, Essex Road—on Saturday evening, 24th April, I went out at 10.45 to meet my son—I returned at two or three minutes past 11, with my son, and when I got near my gate, I saw the prisoner jump out at the window—I went after him, caught hold of him, and asked what business he had in my room—he said he had not been in the room—he pulled his coat open, and said, "You see, I have got nothing about me"—I said, "No, but you were in my room with intention to rob me"—he said, "I have not been in the room; go back to the house and see, and let your son stand by me;" but I stood by him myself, and sent my son back—a policeman came up, and I gave him in custody—the policeman went into the house—when I went out I had left the house fastened securely—the window was shut, and the doors all shut and fastened.
FRIDERICK GOODFELLOW . I am the prosecutrix' son—on 24th April, I was coming home with her about 11.5—I was close by the gate, and I saw the prisoner jump out at the window—my mother ran after him and I followed—the prisoner said he had nothing, and told my mother to go back to the house and leave me with him, but mother sent me back—I found the window and door open, and two coats on the sofa—I did not lose sight of the prisoner till he was given in custody.
ZACHARIAH HOWLETT . (Policeman N 70). The prisoner was given into my custody—I went to the parlour and took the prisoner with me—I saw these two coats lying on the sofa—the prosecutrix said she had left them safe in the drawer when she went out.
Prisoner's Defence. I was on the opposite side of the road, going along, and the witness came and stopped me.
GUILTY . *
Eighteen Months' Imprisonment.
MR. BRINDLEY. conducted the Prosecution.
MARK JACOBS . I live at 6, Brown's Lane, Spitalfields, and am a cap maker—on 17th April I was in Artillery Street—two men came up to me all of a sudden, one on one side and one on the other—Barratt was the one on my left—he snatched my chain—it broke, and he ran away—this is part of the chain, the other part is gone—I saw him in custody after.
Prisoner. Q. Did you ever see me before I was in the policeman's hands? A. I believe you are the one who snatched my chain—I ran after you, calling "Stop thief!"—I don't know what trowsers you had on—I swear to you—I saw your face distinctly—I can't say that I ever saw you before.
PORTER WILLIAM DUNNAWAY . (Sergeant H 11). I was in Artillery Street on this night, and heard a cry of "Stop thief!"—I saw Barratt running—I ran after him along Dorset Street into French Alley—when he got to the top he turned round and walked back, and struck me on the cheek as hard as he could; I struck him back—he kicked me, and I kicked him and said if he kicked me I would kick his legs off—Mr. Osborne came up, and I took him to the station—at the station he said, if he had taken any of the chain, he had not got it; he did not know where it was—he also said, "I don't think you ought to say anything about the assault, I think you have hurt me as much as I have you"—I had charged him with stealing the chain.
Prisoner. Did you find anything on me? Witness. No—when the prosecutor came up he said it was you who took the chain.
JAMIS OSBORN . (Police Inspector H). I was in Artillery Street with Dunnaway—I heard a cry of "Stop thief!"—I saw Barratt running—I followed after Dunnaway—I saw the prisoner turn round and walk back about six or eight yards, meeting Dunnaway, who was in advance of me—when he got up, before Dunnaway had laid hands on him, the prisoner aimed a blow at him, and struck him on the neck—I took hold of him one side, and Dunnaway the other—he was very violent—I can't say that I saw him kick Dunnaway, but I heard the kick, and heard Dunnaway call out—he was taken to the station.
Prisoner. Q. How far is White's Row from Artillery Lane? A. Very short distance—you did not go into White's Row—I had just discharged a cab at that moment—I was at the corner of Raven Row—I was eleven yards from Dunnaway when you struck him.
Prisoner Defence. I was with my mother, at the corner of Artillery Street, and saw three men come up and snatch the gentleman's chain—mother told me not to follow them or I might get in charge—I ran after them, and Dunnaway caught hold of me—I said if he hit me again I would kick him—I have got the marks now—he can't say I kicked him.
MARY ANN BARRETT . I am the mother of the prisoner—I was with my son, and saw three men rush up to the old gentleman—we were coming from Petticoat Lane—the man called out "Robbery!" and "Stop thief!"—and I told my son not to run, but he would in spite of me—my son was with me after selling some work.
Cross-examined. Q. How far were you from the old gentleman? A. Across the street—it is a narrow street—my son ran because everyone ran—it was 5 o'clock in the evening—I was not at the station when my son
was charged I went straight home—I live in Whitecross Street—I did not know he was locked up till the evening—I went and brought him some food—I was not asked to make a statement before the Magistrate—I was there, but I was not called—they were tall men that attacked the gentleman—none of them were so short as my son—one was a great deal taller than my son, and I believe that was the man that did it; because he ran first.
He further PLEADED GUILTY. ** to a farmer conviction on the 7th January, 1867, the name of Thomas Wood.—Seven Penal Servitude.
MR. LEIGH. conducted the Prosecution.
WILLIAM BRIDEN. I am a looking-glass silver, and I reside at Great Alie Street, Whitechapel—on 31st March, the prisoner brought me this paper (Read:"Please to send by the bearer, one dozen best plate glass, 10ft. by 8ft W. Griffin")—I knew a tradesman of the name of Griffin—I supplied him for many years, I supposed the prisoner came from him—it was on the faith of that order that I supplied the goods to him—there was an order after that, for eighteen pieces of glass—the value was about 13s. 6d—this order marked "A," for a dozen and a half, was the first order—that was on the 3rd, a little boy brought that—I sent my man outside, and he brought the prisoner in, and I sent for a constable and gave him into custody—I supplied the goods on the faith that it was Mr. Griffin's name.
ALFRED GRIFFIN . I live at Bowling Green Lane, Hoxton, and am a dressing case maker—I am an occasional customer of the last witness—this paper is not in my handwriting or by my authority—I did not authorize the prisoner to get any glass for me—some six years ago he was my errand boy—he left to learn a trade—I did not authorize him to present this piece of paper for me.
HENRY WALKER . I live at Baker's Buildings, Liverpool Road—on 3rd April I was in the Whitechapel Road—I saw the prisoner there, and he asked me if I wanted a job—I said, "Yes"—he said, "Come along with me"—I went with him, and he said, "Take this to the glass manufacturer's"—he gave me that paper, and I went into Mr. Griffin's with it.
Prisoner Defence. It is not my handwriting. I was sent by Mr. Griffin's man to fetch the glass. I did not know the order was forged.
GUILTY .— Eighteen Months' Imprisonment.
468. CHARLES MUNDAY (38), and WILLIAM ARMSTRONG (34) , Breaking and entering the shop of Frederick Charles Fisher, and stealing 6030 pieces of paper, a watch and breast pin, and other goods, his property, MUNDAY PLEADED GUILTY .
MR. DALT. conducted the Prosecution.
last, I was assisting Inspector Harding to search the rear of the premise at 31, London Wall—that is about seventy yards from 13, Moorgate Street—I found Armstrong on a stack of bricks, in the rear of 34, London Wall—I don't think he was asleep—I pulled him up, and said, "What are you doing here? '—he made no answer—I found 3l. 9s. 7d. worth of postage stamps, in a piece of brown paper, under the breast of his coat, a silver watch, a scarf pin, 7s. 38d. in coppers, a medal, a crossed cheque for 70l., and a knife; and Sergeant Hurst, in my presence, took out of his pocket a dark lantern—I took him to the station—he did not give a correct address.
Armstrong. I was fast asleep, and the officer woke me up—I did not know where I was.
THOMAS HURST . (City Police Sergeant 62). I have heard the evidence just given—that is correct—I was present when he was taken—I went on the roof of 38, Moorgats Street, and I went over the roof of the houses till I got to 13, occupied by Mr. Fisher—I found the trap door broken open—on one side of the door, where the bolts pass, there was a pane of glass at the top, that was broken so that anyone could put their hand in—there were marks on the door, which I compared with this chisel—I found this screw-driver on the roof of 15, Moorgats Street—the prisoners were traced over twenty-seven houses—I went through the trap door into the house, and found on the staircase a door had been broken open—I proceeded down, and getting into the passage the door leading to the shop had been broken open—after passing through the shop into the counting-house, we found an iron safe lying on the floor, broken open, and the cash-box also broken open, and the whole place in disorder—I was present when some wedges were found, a hammer, and two crowbars—the safe appeared to have been opened by the crowbars—I took a lantern out of the prisoner Armstrong's pocket, and some silent matches—I assisted Sergeant Gisbey in waking him up—he was not drunk—I don't think he was asleep.
Munday. He was not the man who was with me—he was not the man who travelled the roofs with me.
COURT. to THOMAS GISBEY. Q. What kind of place is this stack of bricks? A. They are in the rear of 34, London Wall—it was under repair—there was a boarding round the front of the house, about 14ft. or 15 ft high—I broke the lock off the door when I went in, it was a padlock—I forced it off myself—there was no entrance to the stack of bricks except by the door from the street.
Armstrong. I went in through the door.
JURY. Q. What time did you break the lock off? A. At 12.50—the back of the house is at the corner of Coleman Street—I traced the marks of feet from 13, Moorgate Street to the roof of the building which was under repair.
COURT. Q. Did you search the prisoner? A. Yes—I found the brown paper parcel on his chest—his coat was buttoned over it—the watch was in his trowsers pocket, and the cheque also—the dark lantern was in his jacket pocket—I whistled to Sergeant Hurst to come up, and he pulled the lantern out of his pocket—it was not alight, it had been lit—the prisoner was lying on his right side—all these things were found in his left pockets—I think the cheque was in the right hand pocket.
85l. worth of postage stamps stolen—this pin belonged to me also—this cheque for 70l. was in was in a table drawer in the counting-house—a safe was I broken open—some of this paper also belongs to me.
Armstrong's Statement before the Magistrate.—"I left work at 6.15, and I came to the City. I had been a teetotaller till that night I went to a I public-house, and a man asked me to take some of his drink. I got very I drunk, and came out of the house. I knocked up against the door of the I hoarding and the door came open. I tried to get out, and could not do so. I I got on the top of the bricks and went to sleep till the constable found me, I and then I did not know what I was about"
Witness for the Defence.
CHARLES MUNDAY . (the Prisoner). The prisoner Armstrong was no party to this robbery—the man who was with me escaped—I never saw Armstrong before he was brought to the station—when I saw the lanterns over the I roofs, I jumped over the hoarding, and was taken—I left the other man inside, coming from the roof—we came along the roofs and got into the place by a ladder in the front—I took this watch and chain, and the cheque for 70l. out of the safe, and gave them to the man who was with me—they called him Browney, I don't suppose that is his name—he is ft Liverpool man—I don't know how the things got into the possession of Armstrong, whether the man left them with him, I can't say—there was a purse I took out of a drawer, and a I watch out of the safe; that was not broken open, I found the key, and unlocked that—there was nothing in the safe that was broken open—I made the parcel of stamps up—I can't account for the parcel being found on Armstrong—I never saw the man till he was brought to the station.
THOMAS GISBEY . (re-examined). Armstrong gave a false address—he said he lived at 4, Sidney Street, Somers Town, and when before the Magistrate he said he lived at Bermondsey—I went to a house there, and found that such a person lived there—I waited for five hours, but no one came home.
GUILTY.— Judgment Respited.
MUNDAY— Seven Years' Penal Servitude.
MR. COLLINS. conducted the Prosecution.
GEORGE DAVIS . I am a merchant, at 39, Gannon Street—about 2.30 on Saturday, 3rd April, I was going to the Cannon Street Railway Station—I was wearing a watch and chain, attached to; my waistcoat—I received a blow in the stomach, which took the wind entirely away from me—at the time I received the blow the prisoner grabbed at my chain, but he could not pull the watch through—he ran away and was pursued and brought back—I am sure he is the man who grabbed my chain, and struck me in the stomach.
Prisoner. Did I not come face to face with you as you came along? Witness I did not see you coming towards me at all—I saw you strike the blow, as well as grab the chain.
JOHN MILLER . I am warehouseman to Messrs. Arthur, Kay & Evans—I was in Cannon Street on 3rd April—I heard Mr. Davis cry "Stop thief?" and saw the prisoner running before him—I pursued him, and caught him—Mr. Davis seemed to be doubled up.
3rd April I saw the prisoner running towards me—I tripped him up, I and handed him over to the officer.
WILLIAM GREEN . (City Detective). The prisoner was given into my custody by the last witness—I took him to Bow Lane Station—the charge was read I over to him, and he said, "I plead guilty to attempting to steal the gentleman's. watch, but I did not strike him"—he refused his address.
He also PLEADED GUILTY. ** to having been before convicted, on 15th August, 1864, in the name of John Atkinson.— Seven Year's Penal Servitude.
OLD COURT.—Wednesday, May 6th, 1869. Before Mr. Justice Byles.
MESSRS. POLAND. and STRAIGHT. conducted the Proucution; and MR. METCALFE. the Defence.
ALFRED ATKINSON . I am waste book clerk at the London and County Bank, 21, Lombard Street—the prisoner was a walk clerk there—he had to collect money in the day—when notes are paid into the bank, it is my duty I to enter them in the waste-book—I have the waste-book here—on 25th I March I entered the particulars of a Bank of England note, 00892, dated 2nd February, paid in by Mr. Perry—this is my handwriting—I made that entry from the note itself, a little before or after 2 o'clock—I then placed the note, with others, in a tin tray—it would be the prisoner's duty to collect the notes from the tin, and enter them in the bank list register—one other clerk would have access to the tray—when the bank was closed the note was missing.
Cross-examined. Q. Did you count them or look for them? A. No—I am not a cashier, I do not receive at the counter—the notes are put in our boxes—we receive them from there—I am the waste-book clerk—my duty is to superintend that book—the cashier places the notes in a box behind him, and another clerk enters them, and then I enter them in the waste book—the other clerk does not enter the notes, only the amount of the credits, merely the totals, and I enter in the waste-book how the totals are composed—I enter them separately—several notes were paid in at once by Mr. Perry—I enter cheques as well as notes—I then place them in a tin in front of me—I place the notes by themselves, and the cheques by themselves, in different tins—it would be the prisoner's duty to take the notes from there; it was also the duty of another clerk, Mr. George; and to enter them in the bank Let register previous to their being made up into a bank list for the Bank of England—the notes were collected by either of them promiscuously—the numbers and dates are entered in the register—other clerks have access to the tray where the notes are put—it is an open tray, and they are put in loose—all the clerks could get at them, but they have no right to touch them—they would come to the part where they were—the prisoner or Mr. George would have to make them up into the list, and tie them up after they are balanced for the night, in what is called the bank list—a slip goes on the top of the notes, stating how many notes there are in the list—they enter the numbers and dates—the register remains at
our office—the slip list goes to the Bank of England next morning—the register is a book—the slip does not show the numbers—we keep the numbers in the register, and also in the waste-book—the notes are kept in the safe till the next morning—they ought to be placed in the safe immediately the list is made out, as soon as they are balanced—it was the prisoner's and MrGeorge's duty to balance them up—that was the way the note was found to be missing—they take the totals of all the waste-books, together with the totals of other books, and ascertain whether the totals are right—that is done after 4 o'clock.
PETER JOSEPH GEORGE . I am a clerk in the London and County Bank, Lombard Street—it is part of my duty, after the notes have been entered in the waste-book, to take charge of them when they are put in the tray, and to make out a list in the Bank list register—the prisoner shared that duty with me—I was at the bank on the 25th March—about 2 o'clock that day he said, "Shall you want me this afternoon?—I said, "I shall, the notes are rather heavy"—he said, "All right, I shall be back soon"—he went out, at least he left me—I saw him again about 3 o'clock—I said to him, "You have been rather long," looking at the clock—he replied, "Yes, I have, just an hour"—I entered in the bank list register all the notes I took charge of that day from the trays—at the end of the day I went through the list to see whether the notes were all right—I balanced them with our books, and found we were 105l. short—it might have been two notes or more—I examined the whole of the waste-books, and tried my balances twice—I could not say whether it was a 5l. note, a 50l. note, or ✗ several 5l. notes—I ascertained, by working up the register, that it was a 5l. note—I examined the waste-book—I knew the note, 00892, was missing—I found that out about two or three days afterwards, when I worked up the balances—that is a very long job, it takes us four hours to work up the notes and check them—we send the notes to the bank once a day.
Cross-examined. Q. Do you send the notes on next morning that have been taken in the day? A. Yes—after finding the deficiency of 105l., I I still sent on those notes to the Bank of England, with the list I had—in the register the number and date of each note is entered, likewise in the I waste-books, and, consequently, we are enabled to work or check one against the other—the clerks go to their dinner or lunch from about 12 to 3, at various times—there are a great number of clerks—they could not all go together, they go as their duties will allow them—they are allowed to be absent three-quarters of an hour—I can't say whether the prisoner had been to luncheon—he left me with that intention, as I understood, not to go for the day—he would still be required in the bank to assist me—he was only a quarter of an hour beyond his proper time—it was not an unusual time for him to go to his lunch—he assisted me for the remainder of the afternoon in registering the notes.
MR. POLAND. Q. Is this particular 5l. note entered in the bank list register? A. It is not.
WILLIAM SENIOR DEANE . I am a clerk in the issue department, Bank of England—on 25th March this 5l. note was brought to me there to cash over the counter—I know the date by referring to my book, it was some time between 2 and 3.15—I asked the person presenting it what name—this, "George Brad, 25, Philpot Lane," was on the note when it was presented—I asked the name, because I thought he had possibly left out the termination, and that it was Bradley, or Bradford, or something of that
sort—he told me it was George Brad, 25, Philpot Lane—on 31st March I went to the London and County Bank—I was shown into a room there—there might have been ten or twelve, or perhaps fifteen persons in the room—the prisoner was among them—I can't swear positively that he is the person who presented the note; but it is my firm impression he is the man; he very much resembles the man—I can't swear positively, it would be impossible—I said he resembled the man.
Cross-examined. Q. He resembled him more than any of the other clerks A. Yes—I think there were between 400 and 500 people presenting notes that day; it was a very busy day—there were three of us to pay perhaps over 1000 persons—I merely enter the names in a memorandum book, but the notes are taken from me, and entered by an accountant, who takes the numbers and dates; I simply enter the name that is written on the note—the note was brought with the name written upon it—he might have written it there, or before he came.
WILLIAM McKEWAN . I am general manager of the London and County Bank, at the chief office, Lombard Street—the prisoner was one of the clerks there—on Wednesday morning, 31st March, I called the prisoner into my room—I had this 5l. note in my possession—I asked him whether he was aware that a 5l. note had been missing—he said he was—I said, "Can you tell me anything about it?—he said, "No"—I said, "You had leave of absence yesterday, at 3 o'clock, to meet a friend who was coming from Dover by train; did you meet your friend 1"—he said, "No"—I said, "Why did you not return to your duty, then?"—he said he did not think he should have anything to do if he returned—I said, "What did you do with yourself?—he said he went home—I said, "Where do you live f"—he said, "Peckham"—I said, "Then you left your friend, did you?" he having mentioned that his friend was a sick volunteer—he said, "No, I came back to meet a train that they told me would be coming in soon after I 5 o'clock, but in the meantime I went down to Woolwich, to see the friend I who had asked me to go and see this other friend"—I then said, "Do you know a person of the name of Brad?"—he said, "No, I don't"—I repeated the question—he said, "No, I don't know the name at all"—I then produced the note to him, and said, "Do you know that writing?"—he said, "No, I don't"—I said, "You don't know any person of the name of Brad, living at 25, Philpot Lane?"—he said, "I know a person who lived at, I think, 25, Philpot Lane, but I don't know his name"—I said, "It is rather strange you should know a person living at that place, and not know his name; Mr. Brad knows you"—he said he did not know; he had been once to Philpot Lane, to see a person there who owed him some money for a bet, but he did not know hie name—I said, "I will ask Mr. Brad to come and see you;" and Mr. Brad came later in the day, and the prisoner recognized him—he said, "I know you"—I said, "This is Mr. Brad"—he said, "I never knew your name"—Mr. Brad replied, "Well, that is strange, because I have dined with you"—he said, "I never knew your name; I never heard your name before"—when he said he went to Philpot Lane to see the person, he said he met him coming out of his doorway, otherwise he should not have known for whom to ask—later in the day, Mr. Deane came to the bank—I told the prisoner the purpose for which I should require him to go into another room, that he might be seen—there were some ten or twelve other clerks—Mr. Deane passed through the room—I only know the prisoner's handwriting by comparison—I have not referred to the bank books;
I referred to letters that I had of his; I referred to his original application—I believe the "Geo. Brad, 25, Philpot Lane," on this note, to be the prisoner's writing.
Cross-examined. Q. Was there another note lost that day, a 100l. note? A. Yes—I inquired into the loss of both notes—no one was with me when I called the prisoner into my room—I did not think it advisable—he is 22 years of age—he did not mention the period at which he went to 25, Philpot Lane—I think he said it was for 4s. 6d. owing to him on the Oxford I and Cambridge boat race—he was the only clerk I called in—he knew Mr. Deane was coming to inspect him—I don't know whether the other clerks knew, I merely requested several to come in, I did not tell them why; I I requested Mr. Livermore, the chief clerk, to send a number of clerks in at the particular moment—before the prisoner came into the bank he was in the employment of the Merchants' Banking Company—his character was good—he was with us a little more than three months.
MR. POLAND. Q. Had you seen Mr. Deane before you had this interview with the prisoner? A. No; I had seen him outside my room, but had no conversation.
MR. DIANE. (re-examined). It was in a private room at the bank, that I saw the prisoner with some other parties, they all had their hate off—when he came to the bank he had his hat on.
Cross-examined. Q. Do not the bank clerks write very much alike? A. When they write carelessly, they get into a somewhat similar mode of writing sometimes—I do not peak positively to the handwriting, only to the best of my belief; it is not written particularly well, but it tallies very much with the prisoner's handwriting in the several books we have.
COURT. Q. If you had merely seen that handwriting, and heard nothing about the prisoner, J suppose you would not have known it? A. I should not immediately have said it was the prisoner's handwriting; I should not have known it.
GEORGE BRAD . I am a merchant and shipping agent, of 25, Philpot Lane, and have been there four years—I have known the prisoner between four and five years, it might be longer—I used to meet him en the cricket-field, and elsewhere—I have dined at his lodging, I think—I knew his name—I knew he was a clerk in the Merchants' Banking Company—I can't say that I knew any of the clerks at the London and County Bank except the prisoner—I had a bet with the prisoner; I think it was 4s. 6d. and it was, I should think three years ago; it was with reference to the Oxford and Cambridge boat race; I can't say whether I had to pay him or he me—I never remember having seen him at my office—I don't think be ever came and saw me coming out of my office.
Cross-examined. Q. Can you recollect whether he did or not? A. No, I cannot recollect—if I lost the money I paid him; whether I lost it or received it I cannot tell, or whether it was paid at the time—I did not go with him to the boat race; it must have been paid subsequent to that—I cannot state whether he ever came to Philpot Lane or not; I do not remember ever having seen him there—I have seen him since—about three weeks prior to the 31st of March I met him in the street, coming towards London Bridge—I stopped, and shook hands with him—that was not the
only time I saw him during the three years; I have, no doubt, seen him since then, but I cannot remember any occasion except the one three weeks prior to 31st March—he has never been to my house—I can't say that I ever told him my name.
MR. POLAND. Q. When was it you dined with him? A. Between three and four years ago—I daresay I stayed the evening with him—I can't say how often I have seen him in the last three years—I may have seen him fifty times, I may have seen him but twice; the chief meeting was on the cricket-field.
PETER JOSEPH GEORGE . (re-examined). I have here the bank list register, in which the 5l. notes are entered on the day in question; the note in question is not amongst them—the entries in this book are in the prisoner's writing and in mine—this book only contains the fives; the other book contains the tens, twenties, and larger sums—James Morley and others are partners in the bank—it was about 6 in the evening when the 105l. was found to be short—it was composed of the 5l. note and one note for 100l.—it was not an unusual occurrence to have a deficiency in making up the accounts at night; it did not occur frequently; a deficiency is soon found out by our system of bookkeeping—a deficiency unaccounted for is not unusual; perhaps I may qualify my answer by saying that perhaps two or three times a year amounts are missing.
The prisoner received an excellent character.
GUILTY . Recommended to mercy by the Jury, on account of hit character.— Fifteen Months' Imprisonment.
MR. DAVIN. conducted the Prosecution.
GUILTY . of the attempt.— Three Months' Imprisonment.
NEW COURT.—Wednesday, May 5th, 1869.
before Mr. Baron Cleasby.
MR. BESLEY. conducted the Prosecution.
GUILTY. of an attempt— Eighteen Months' Imprisonment.
MESSRS. METCALFE. and TATLOR. conducted the Prosecution; and MR. RIBTON.
CORNELIUS BARIUM . I live at 3, Raven's Row, Spitalfields, where I carry on the business of a grocer—the prisoners were my servants, Whimper as nurse and Toohey as her assistant—there was another servant, named Martha Bradley, who was my cook—on the afternoon of Sunday, 11th April, I and my wife went from home, and we did not return till about 11.30 at night—when we left, Toohey was gone to a Sunday school, and Bradley was to leave about 6 o'clock—everything was perfectly safe up to 3.45—on my return I found the police and firemen in charge of my house—ray bedroom on the second floor had been very extensively burnt—a chest of drawers
were nearly consumed—the partition between the room and the adjoining one was burnt through—the part destroyed was not near the drawers, but in another part of the room—the paint on the wall was blistered—the bed-room on the third floor, which was occupied by the assistants, had been in flames all round—the mattress of the bed had been out open, and the straw pulled out on both sides, and it had been burnt, as also the bed-clothes, though they were not entirely destroyed—in this room the fire had not extended to the walls—in the room adjoining, the servant's room, the bed had been fired—the mattress on one side had been cut open, and the straw pulled out, and part of it had been consumed—the bed-clothes were also burnt—the walk were not injured—in the dressing-room adjoining my own room on the second floor, was a chest of drawers—a fireman opened one of the drawers, and called my attention to the burnt condition of some of my shirts there—on the Sunday night we questioned each of the servants as to how the fire had happened—Toohey made a statement to me and the inspector of the Fire Brigade—she said that at 10.30 she went up stairs with the candles and slop pail, to prepare her mistress's room for the night; that when she went to her mistress's bed-room door, a cloud of smoke came from the top of the house; that she placed the candlestick on the drawers and called loudly for help, and the other servant came up—I questioned Whimper the same night, and she told me she could give no information as to how the fire bad originated.
ELIZABETH BARHAM . I am the wife of the last witness—Whimper had been in my service three, and Toohey two months—I corroborate my husband as to the state of the premises when we returned home—about a fortnight before the fire I lost a bunch of keys—in the drawer above the one in which the shirts were placed, I placed, after I lost the keys, a small cash-box, containing two sovereigns and two half-sovereigns—after the fire the money was missing—I have since recovered the keys—I was present when the prisoners were given into custody on the Friday after the fire—Toohey said that she had not fired the house herself, but that Whimper had done it—she was with her when she opened the drawer, and that she, Whimper, took the money and placed it in her bosom—she said they had broken open the box in the young men's room; that they tried to break it open at the back by forcing open the hinges, but that they broke the back as well, and that Whimper said it was a judgment on them for doing wrong; that she should get up and murder Mr. Airton, one of the assistants, in the night; that she, Toohey, said, "Do not do that;" upon which Whimper remarked, "Then I will set the house on fire"—this conversation took place in the morning.
COURT. Q. When was the box opened? A. Before the house was burnt—between 6 o'clock and 8.20.
MR. TAYLOR. Q. Did you have more than one conversation with Toohey about this? A. Only one—it related to different periods—she said they came down into the nursery to put the baby to bed; that while they were so engaged the cook came home, and that she, Toohey, knew nothing more as to what occurred up stairs after that—she said she was not present with Whimper when she set fire to the house—she said that she went up stairs after the cook came home, that then she saw the smoke, and gave the alarm of fire—Toohey said she was with Whimper when she opened the drawers and took away the money, and that it was between 10 o'clock and 10.30—they were up stairs twice that evening previous to the fire—she said that about 10.20 she went up into the nursery, Whimper having gone up previously,
that Whimper then said, "How the fire smells, Mary, the cook," (Bradley) "will smell it presently"—Toohey then said, "I shall call Mary to come and save the children;" upon which Whimper observed, "Don't do that, wait until I save my things"—Toohey asked, "What things?" and Whimper said her earrings, a ring, and several little trinkets, and that if Toohey would go with her she would show her where they were—this statement was made to me on the Friday—I was leaving the kitchen with Toohey, to go with her to find the purse containing the money, when Whimper said, "You will not find the purse, it is gone"—this statement was made in the presence of Whimper.
Cross-examined by MR. RIBTON. Q. You went, and found that the purse and earrings were gone? A. Yes—Toohey assisted in the nursery and in the house—I found when I got home on the Sunday night that the things in my dressing-room were all set right for the night—Toohey admitted being present when the box was unlocked, but she denied all knowledge of the fire.
Whimper. I have to say that my age is not 20, it is only 18.
MARTHA BRADLEY . I am a cook in the service of Mr. Barham—they call me Mary—on Sunday, April 11th, I went out about 6 o'clock in the evening, and returned about 8.20—Toohey and Whimper were in the house then, and master's three young children, Percy, Louisa, and Cornelius—I went into the kitchen and lit the gas, and then I accompanied Toohey to the nursery—Whimper was in the night nursery, getting the baby to bed—we had our supper in the nursery, and after that I went up stain with Toohey, for the purpose of taking my clothes into my own bed-room, at the top of the house—this was about 9 o'clock—she lit the candle on the landing, and then set it down on the table in my bed-room, and left—there was nothing the matter with my bed at that time—after I had put my things away, I came down into my mistress's bed-room, and all appeared to be right there—then I went into the right nursery, and next into the kitchen, and there I saw Whimper and Toohey—it was now about 9.20—we then went into the dining-room and played the piano, and there we remained about a quarter of an hour—Whimper then went up stairs, and Toohey remained with me in the dining-room—whilst Whimper was up stairs we heard a noise at the door, and I and Toohey went to see what it was—we found that some boys were at play; we ordered them away, and remained at the door for about five or ten minutes—then we returned to the dining-room, and it was about 9.55 then—Whimper had come down stairs again, I then went into the night nursery, looked at the baby, and returned to the dining room, where I had left Whimper and Toohey—in a short time Whimper asked Toohey to go up stairs, as she thought she heard the baby cry—Toohey was away about five or ten minutes, and when she came down she said the reason she had been so long was that the baby was awake, and that she had been lying down because she had a very bad headache—we remained in the dining-room for a short time longer, when Toohey asked Whimper to fetch down a piece of music which Whimper possessed, and she replied she did not know where it was—Toohey said it was the third piece from the bottom, in the night nursery, and she would go herself—I said that master and mistress would soon be at home, and that we had better go to our right places—this was about 10.20—Whimper then took the music, and went up stairs, and was followed by Toohey; but Toohey came down again, and fetched the
slop-pail, and said she was going into her mistress's bed-room, to make it right for the night—as she was going up stain she called out to me that smoke was coming down, and that the house was on fire—I ran at once to my mistress's bed-room, and then to the top of the home—I saw that the bed in the young men's room was all in flames—I and Toohey then made our way to the nursery, and took the children down stain, and then into a neighbour's—Toohey called "Fire!" and the firemen were fetched—I remember my mistress losing a bunch of keys, about a fortnight before the fire, and on the Friday after I heard Toohey say that she took them out of her mistress's drawer, and gave them to Whimper—Toohey brought the keys on Friday, and a small bag, with some money in it, and threw them on the kitchen table, saying to Whimper, "Don't you know who they belong to and where they were?" and Whimper said, "No, I do not, I don't know anything about them"—they were taken possession of by one of the salvage men—the next day I found a purse in a small room adjoining the day nursery, in a hole at the bottom of the skirting-board, with a piece of slate placed in front of it—it is Whimper's purse, and it contains earrings and a ring—Toohey said to mistress that Whimper was trying to save some of her things before they called me.
Cross-examined. Q. Toohey told her mistress that Whimper had said, "Let me save some of my things before you call Mary?" A. Yes—Toohey had said that she knew where Whimper had put her purse, and Whimper said she would not find it there—Whimper was up stain about ten minutes—Toohey had just gone up, and was standing on the landing, when she shouted out, "Oh! Mary, look at the smoke; the house is on fire."
HENRY KNIGHT . I am one of the Fire Brigade men—about 10.30 o'clock on the night of Sunday, the 11th April, I received information that Mr. Barham's house was on fire in Raven Row—some of the firemen got there in about five minutes afterwards, and I followed them—I found the fire was in the front bed room, on the second floor—the petition was burnt through—there were drawers in both the bed and dressing room adjoining—those in the front room were burnt—the dressing room drawers contained some burnt clothes—I could not get on the third floor, the smoke being then so dense—a bed had been burnt there.
RICHARD GATEHOUSE . I belong to the C division of the Fire Brigade—I reached Mr. Barham's about 10.50 on the Sunday night, and found several firemen there—I searched the premises very carefully after the fire—I find that the mattress of the bed in the young men's room, on the third floor, had been cut open on both sides, and underneath, and set fire to—the bed clothes in the servant's bed-room were burnt—there was a box in the young men's room to which I directed my attention—there was a shirt and a collar and a pair of trowsers, slightly burnt—the lid was down, and the inside was just slightly blackened, not charred—it had been set fire to separately—it was away from the bed altogether, and under the window—the lid must have been opened, and then the things were set on fire—the hasps had been drawn out.
JOHN BOURNE . I belong to the Salvage Corps, and had charge of the premises after the fire—on the Friday after, I was in the bed-room on the second floor, when the cook, Bradley, told me I was wanted down stain, as there was a little altercation between the prisoners—I heard Toohey accuse the other of setting the house on fire—Whimper made no answer—Toohey
then went away and returned with the purse and keys, which she threw on the table, saying she had got them out of the coal cellar.
Cross-examined. Q. Did not Toohey say, "You persuaded me to go and do the robbery?" A. She did not say anything about persuasion—she said, "You told me to go"—Toohey said that she knew nothing about the fire after taking the money from the drawers.
JAMES OSBORNE . (Police Inspector H.) I went to Mr. Barbam's about 11 o'clock on the Sunday night—I saw the prisoners in the drawing-room afterwards, and spoke to them—Toohey said, that at 10.30 she took a sloppail and a candle to go and empty the slops in her mistress's bed-room, and that when she got on the landing on the second floor she saw smoke descending, and gave the alarm; everything appeared to be safe in her mistress's bed-room at the time she went in; they rescued the children, the firemen were fetched, and soon the fire was extinguished—I took down a statement in writing, on the day they were taken into custody—I charged Toohey, first with stealing the money from the drawer, and then with wilfully setting fire to the house—this is the statement—Toohey said, "After Mary went out at 6 o'clock, we sat down against the window in the kitchen till 10.30, and then we put Percy to bed We then went into master's bed-room; Whimper had the keys, and looked into the dressing-room drawers; she opened a little box, which was inside, and locked it again. We then went up stairs to Mr. Airton's bed-room, and she undid the box—the lock broke whilst she was undoing the back screws with a small hammer. I said, 'That is a judgment on us;' she said, 'I don't know what to do, I shall murder Mr. Airton in the middle of the night;' I said, 'Don't do that.' We then came down stairs, and she said, 'I will set the house on fire;' then we put the baby to bed and Mary came in; we all three then had our supper in the nursery. Mary and I then went up stairs to our bed-room to take her things off. I came down first and she followed, and then we went into the kitchen and washed up the tea-things. We all three then proceeded to the dining-room and played the piano. This was about 9.30. Whimper sat in the arm chair a little while, and then went up stairs for about five minutes, then came down and played the piano for about ten minutes; she next went up stairs to fetch her music. When she came back she said, 'I can't find the keys of mistress's drawers; you go.' I said, 'I shall not.' She said, again, 'Go, your life depends on it.' Mary was present when this was said, but did not hear it. I refused to go; she then gave me the keys, and told me to go up stairs to mistress's drawers. Whimper went with me. I unlocked the dressing-room, and Whimper took the money out of the drawer, and put it into her bosom; she then said, whilst on the stairs, 'Don't it smell; Mary will smell it in a minute.' I then came down, and Whimper stayed up stairs. I washed my hands, and in five or ten minutes I went up stairs again with the slop pail and candle. I said, 'Look at the smoke, nurse; I shall call Mary.' She said, 'No,' but I did call her, and we all three took the children out of bed and saved them. Whimper has told me that she put lucifers into her mistress's drawers. This was said while she and I were making the young mens' bed that same night, after the fire was extinguished; she also told me she put the money and purse into the coal-cellar, and the keys under the sofa in the dining-room."—I saw both keys and money put into the coal-cellar by the nurse, the money about 10 o'clock in the morning, and the keys on Tuesday—I had seen Whimper a short time previous to this take the keys from a crevice in the nightnursery—on
Tuesday Whimper said to Mary, "I will take poison rather than go to prison"—I fetched the money from the coal-cellar, and gave it to Mr. Bourne, of the Salvage Corps.
Whimper's Defence. I deny all that has been said. I am innocent of it. I don't know anything about it.
TOOHEY— NOT GUILTY .
WHIMPER— GUILTY .— Ten Years' Penal Servitude.
THIRD COURT.—Wednesday, May 5th, and Thursday, May 6th, 1869.
Before Mr. Common Serjeant.
MR. HUDDLESTON, Q. C., with MESSRS. POLAND, SLEIGH, and STRAIGHT,
conducted the Prosecution; and MR. F. H. LEWIS. the Defence.
GEORGE PEARCH . I am a draper, of Bristol, and was a customer of Higgins, Eagle & Co.—I produce a bill for 40l. 0s. 11d., drawn on me by them, and dated February 2nd—I accepted it—it was due on 10th May, 1867—it was not met on 10th May, and on the 11th I advised my bankers to pay it through Lubbock & Co.; and I am debited with it on the 11th in my bank-book.
WILLIAM COOPER . I am a clerk to Robarts, Lubbock & Co., of Lombard Street—on 13th May, 1867, I paid this bill for 40l. 0s. 11d. over the counter—I gave two 20l. notes, Nos. 36050 and 61668, both dated 21st March, 1867; and 11d.
PHILIP EDWARD SMITH . I am a clerk to the prosecutors—this "Received, P. Smith," on the back of this bill for 40l. 0s. 11d., is my writing—I received that amount from Robarts & Co., and handed it to the prisoner in the ordinary course.
EDWARD EDWARDS . This witness's evidence in the former case (See p. 16) was read over to him by THE COURT, to which he assented, and added: The prisoner's entry, charging himself with this 40l. 0s. 11d., ought to appear on 13th May, the date it was received—there is no such entry in the cash-book—having charged himself in the cash-book with the acceptance, and discharged himself by the cheque of the firm, there is a marginal note, "838," opposite the discharge—that would indicate that that item was carried to the debit of the customer in the ledger, charging the customer's account with the dishonoured acceptance—the marginal reference is to the cheque of the firm—that would indicate that the item was carried to its proper place in the ledger—that is a false entry—I have referred, and there is no such entry at folio 838—no cheque was drawn for the dishonoured acceptance of Pearce; it was charged to us—it is ledger folio 838—no cheque was drawn, it was paid into the bank—he would have credit, because it diminished his cash balance with the bank; and to show that it is carried to its proper place, he makes a marginal note, referring to the folio of the ledger or cash-book, not to the number of a note or cheque; it would have nothing to do with that.
Cross-examined by MR. LEWIS. Q. I presume you had advances upon your wages? A. Yes—I believe the prisoner was entitled to advances—I applied what I received in advance, to my own private purposes, although they were notes from the cash-box.
JURY. Q. What is the amount of your petty cash a year? A. About 500l.—none of these accounts would be on the debit side of the petty cash book.
HARRIETT BARROW . I live at Preston Road, Hastings, and am a milliner—on 1st March 1867, I accepted a draft of Higgles, Eagle & Co., for 62l. 1s. 5d., payable at the warehouse—it would become due on 4th June—I paid 62l. 1s. 5d., on 3rd June, to the prosecutors' account, at the Hastings branch of the London and County Bank—I communicated with the prosecutors, and afterwards received this acceptance.
CHARLES ATTWOOD . I am a clerk at the head office of the London and County Bank—on 3rd June I received this cheque (produced) for 62l. 1s. 5d.—it was paid through the clearing house on the 4th—it would come up from the Hastings branch, which would provide the cheque, the actual piece of paper.
EDWARD EDWARDS . (re-examined). This is the prisoner's signature to this cheque, in the course of his duty—I do not know who drew it—it is nowhere charged by him to himself in the book, nor is the money—here is a marginal folio, on the credit side of the cash book—as this acceptance is payable at the prosecutors' warehouse, a cheque would be drawn to take it up—an entry would be made by the prisoner, discharging himself of that amount to his credit—the marginal folio is 823, that indicates that it has been charged to Miss Barrow's account in the ledger, but it does not appear there in her account—her account is balanced by the acceptance.
Cross-examined. Q. To what do you find the margin refers? A. June 4th, to the amount of the check which was drawn—823 is the credit folio of Miss Barrow's account—he might know, by heart, a great many of the folio references.
MR. HUDDLESTON. Q. When originally the acceptance was given, would there be an entry of the prisoner's, charging himself with it? A. Yes—and when the cheque was given to take it up, an entry, discharging himself—when he received the cash, he ought to have charged himself with it, but he has not done so—there ought to be an entry charging Miss Barrow, but there is nothing of the kind.
BENJAMIN BROMHALL . I am a dresser, of Westbourne Grove, Bayswater—on 6th June, 1867, the prosecutors discounted this bill of mine for 47l. 9s. 8d.—it is drawn by me on Henrietta Whitton, and accepted by her—I discounted it with the prosecutors, and received on 6th June, the cheque (produced) for the amount, less discount, 46l. 15s.
E. EDWARDS. (re-examined). This being a case where the firm discounted Whitton's acceptance on Mr. Bromhall, the prisoner would discharge himself of that sum by a cheque—I find an entry of a cheque to his credit—he ought to have charged himself with the acceptance, but has not done so anywhere—opposite the entry of the cheque is "Fo 241;"That means that at page 241, of the cash-book, the acceptance will be found entered; I have referred to page 241, and he does not charge himself with the acceptance—that acceptance was paid in with others, and carried to his credit, with the amount at the bank; so that he has credit for the amount with the bank, and does not charge himself with it with the firm.
ALBERT ARTER . I am a clerk to Higgins, Eagle & Hutchinson—on 3rd January, 1867, I received three 5l. notes, from Mr. Glossock, in payment of an account—I do not remember it, but I wrote on the face of the notes, the customer's name—on the same day, I received a 5l. note from Mrs. Jane
Winch, and wrote her name on it—I gave the amounts to Mr. Tester, and he initialed them in my book—on 5th June I received two 5l. notes from Mr. Orton, entered them in my rough cash-book, and handed them to the prisoner, who initialed them—these are the notes (produced) with the names of Glossock, Winch, and Orton, on them.
WILLIAM GEORGE HACKMAN . I am a clerk in the Bank of England, and have my books here—on 6th June, 1867, I changed ten 5l. notes for a 50l. note—these (produced) are six out of the ten, and this is the 50l. note (This was endorsed "M. Tester 5—6—67.)
GILES BENNETT . I am a builder, of Vauxhall Bridge Road—I received this 50l. note from the prisoner on 6th June, 1867, in part payment for some work I had done for him—I put my name on it, and paid it into the London and County Bank, to my account—I do not remember asking him to put his name on it.
Cross-examined. Q. How do you know that this "M. Tester" was not on it when he gave it to you? A. It may have been.
RICHARD BIGGINS . I am a partner in the firm of Higgins, Eagle, & Co.—a suggestion was made at the end of 1867, that Mr. Hutchinson should go through the accounts, and the prisoner said that it would be showing a want of confidence in him—the prisoner left the firm in March, 1868, and after he left these entries were pointed out to me, and I examined each separately—we afterwards saw Tester, told him what we had found out, and asked him if be would give any explanation of a particular entry omitted—I think it was the one referring to Mrs. Barrow—I asked him if he could give any explanation of it—he said he could not, but it was an error which he could not account for—one or two of these items were pointed out to him, and he gave the same reply to each—this was before we took any criminal steps against him—about a month afterwards we directed that he should be given in custody, and during the whole of that time no explanation was afforded to us—he was taken before Sir Benjamin Phillips, these charges were made against him on several remands, and he was committed for trial—we were prepared with all our witnesses to go into the case at the last Sessions—I was present when Serjeant Parry applied for the case to stand over to these Sessions, that the prisoner might have an opportunity of inquiring into the charges which had been before the Magistrate—that adjournment was granted, and I gave directions that the prisoner should be furnished with any of the books of the firm which he might require, and they were sent to him—the cash-book of 1866 is missing, and the payment books into the bank—the prisoner had the custody of them—it was his duty to give them up to me when he went away, but he did not do so, to my knowledge.
Cross-examined. Q. Had he any opportunity of examining the books until after he was taken in custody: they were in the bands of an accountant, were they not? A. Some of them were—I don't know that the prisoner examined them before he was committed for trial; but he had the opportunity before he was given in custody—I don't know whether he has had twelve hours given him to examine the books of twelve years—the books were taken from the warehouse and brought to this building two or three times, books extending over nearly three years—he and I were formerly in the service of Fisher & Robinson—Mr. Eagle and I were travellers there—one of the reasons that we seceded was that a clerk, who had been a long while in the establishment, had been badly treated, Mr. Bate—I had been in their service with the prisoner ten or twelve years before the prisoner
entered our service—he has been twelve years in our service, so that I have known him twenty-four years—when he was taken in custody, he was carrying on business as a bill-broker in Cheapside, and also when we communicated with him—he continued there; we knew where to find him—when we showed him these items, I don't know whether he offered to make good any deficiencies occasioned by reason of his errors; but my impression is that he did.
MR. HUDDLESTON. Q. You say he was allowed from the last Session to the present for an investigation? A. Yes—the charges had then, I believe, been investigated before the Magistrate—I gave directions after that that every facility should be given him in reference to the books.
HENRY WEBB . (City Detective). I took the prisoner on 6th March—I afterwards went with the books of the firm to him, when the case was adjourned last Session, to afford him facilities for looking into them, on three different occasions—I was prepared to supply any books that he might require further.
Cross-examined. Q. Are you an accountant? A. No—I was sixteen hours with him, and he had a copy of the depositions with him.
EDWARD EDWARDS . (re-examined). When the prisoner left in March, 1868, he handed over his cash balance to me—the amount was 1801l. 1s. 1d.—that does not contain either of these three sums mentioned—I found that balance correct, according to the balance in the book.
Cross-examined. Q. He handed over to you the apparent balance, as it appeared in the books? A. Yes; and I succeeded him at once—I commenced the investigation of the books about six weeks afterwards, and continued to do so for about ten months.
The prisoner received an excellent character.
GUILTY .— Two Years' Imprisonment.
MESSRS. BESLEY. and WARNER SLEIGH. conducted the Prosecution; and
MESSRS. METCALFE, COLLINS, and SLIPPER. the Defence.
JAMES HAYSMAN . I live at the East London School, Burdett Road, Limehouse—I started that school in 1864 or 1865—I built the premises, and therefore no rent was paid until this transaction; then a rent of 250l. was put on them, and I had a premium for their being at so low a rental—I was also proprietor of Stainsby College for Girls, about half-a-mile off—before the outbreak of cholera, I had 300 pupils at the East London College—Stainsby College was not established then—I obtained premises at Finchley Road, in 1867, in consequence of the outbreak of cholera in Lime-house, and resided there, leaving two masters in the superintendence of the East London College, which fell off on the outbreak of cholera—the prisoner's son was in my school for two years and a half—he was sent there by his grandfather—I knew nothing of the father until he came and applied to be my assistant master, in August, 1868—I refused at first, but afterwards engaged him as junior master—he introduced me to his wife, and I engaged her as governess of the girls' school at Stainsby College—soon after he came into my service, I inserted some advertisements for a partner, after which the defendant came and made statements to me, complaining of the inattention of the superior master of East London College—I said
that I was about to take a partner at the Finchley Road school, and then I should be much more of my time at the East London—he said, "I should like to be that partner"—I said I was just concluding my arrangements, and that I expected to receive a large sum of money in a few days—he said, "I am calling in a mortgage of 2300l., at Lichfield"—I said, "You could not do that so quickly as I should require, and as I have been expecting money you must pay a deposit"—he said, "I can't do that, but I can get a bill discounted at the London and Westminster Bank immediately"—he got me to send out for a bill-stamp, and wrote the bill, which he accepted, and took it to get it discounted—he said, "I have banked at the London and Westminster Bank for several years, and have not drawn my account below 200l. for several yean"—he came to me in two or three days, and said that the bill must be in two separate bills of 100l. each; and on the following Saturday he was away from school, waiting, as he said, for the secretary of the London and Westminster Bank—I made the two bills, as he asked me, instead of the one—he had the one for 200l., and it was torn up two or three days afterwards—he said he had left the bills with the head cashier, who would telegraph an answer on Monday morning—next day, Tuesday, he engaged an auctioneer to value the furniture at East London College, and he was to appraise that at Finchley on Wednesday, bat on Wednesday he wrote a letter throwing up the partnership—this is a copy of the letter of the 22nd, from his solicitor, and also the original of the 23rd—I lost the original letter of the 22nd at the time of the Chancery proceedings: I left a bundle of papers in a cab, or else at one of the offices at which I called—I have been to Scotland Yard, and have advertised several times for them—the letter of the 23rd declines the partnership, and proposes a purchase—he had mentioned the name of his solicitors, Messrs. Sheppard and Riley, as early as the 16th—on the Wednesday he had 3l. from me, saying that he had sent a special messenger down to Lichfield to expedite matters—the 3l. was to pay his expenses—he said the messenger's name was George Esdaile; there was a book with that name written in it, but I. have not got it now, it was taken away by the bankruptcy messenger, I imagine—he said Sheppard and Riley knew all about his property, and that they had power to prevent the partnership, and would not allow it under any circumstances; that they had control of his wife's property and would not permit it; that he was very intimate with them, and saw their bank-book, and was going to article his son to them—he had applied to me on a Saturday, a fortnight previous, to attend a meeting of the shareholders of the London and Westminster Bank, as he had the good fortune to have ten shares in that concern—after he proposed a purchase I got several letters from him, they were lost with the others—I have copies of seven or eight of them, made by my wife—after the proposal for a purchase, he mentioned the Lichfield mortgage at different times up to the day appointed for settlement, 2nd October—on the 1st October he said, "I am disappointed about the Lichfield mortgagor; his wife is confined with twins, one is dying, and the other not expected to live, and he can't attend to business to-day"—in the afternoon he said that the other child was dead, and his wife was dangerously ill—on the Friday morning he showed me a portion of a letter, hiding the top and bottom, just showing me the words, "I can't attend to business to day under such unfortunate circumstances"—he said, "The Lichfield mortgagor will be able to attend to business shortly, in the meanwhile I can get 300l. in cash, and 500l. in dock warrants"—on
the Saturday he expressed himself as wholly disappointed in regard to the cash and dock warrants, and said that the Lichfield mortgagor could not attend to business on account of his domestic afflictions—he said Mr. Dobree was the London agent of the Lich field lawyer, and a telegraph came to him, supposed to have been sent by Mr. Dobree—he mentioned more than once, that he had 2500l. out on mortgage, and when I pressed for a deposit, he said he had made several loans lately—he mentioned two or three times about not reducing his balance below 200l., and that it was at the Whitechapel Branch of the London and Westminster Bank—I was induced to believe that, because his father's business used to be there—he said that his wife had 100l. a year, which she drew quarterly—that was confirmed by her signing two of the bills—he showed me some telegrams, but took them away again; two of them were on the day the furniture was valued—one he said came from Mr. Dobree, and the other from Lichfield—I saw them—I employed Messrs. Cowdell & Grundy, solicitors, 21, Abchurch Lane, they have now removed to Budge Row—October 1st was fixed for the settlement of the Bow concern—I went to Cowdell & Grundy on that day, and the prisoner met me in Abchurch Lane, and began to tell me of his disappointments—on 3rd October I met the prisoner at Messrs. Sheppard & Riley's—Mr. Sheppard discounted 200l. in bills, and the prisoner gave me an undertaking to retire the rest of the bills on the following Tuesday, amounting to 1150l.—the consideration for that was 450l. for furniture and fixtures, and 700l., premium for the lease of the premises, at a low rental for twenty-one years—this (produced) is the undertaking the prisoner signed about retiring the bills—430l. was to be in cash; you have the statement there—he did not produce any cash on the 3rd October himself, but Sheppard and Riley discounted both of my bills, which produced nearly 200l.; and on the previous Saturday Mr. Sheppard had discounted 200l. of my bills, making 400l. altogether—I made an allowance of 90l., making altogether 1150l., to be given to me on, the Saturday—the 400l., the produce of the discount of the bills, was applied to the payment of running accounts—the bills were afterwards dishonoured, and the property is still liable—nearly 400l. came into my hands on my own bills, but nothing from the prisoner whatever—I shall have to take them up, I am liable for them—I executed the assignment to Sheppard & Riley, on 3rd October, and signed one lease for twenty-one years; but the other had to be sent into the country to the solicitor—possession of both colleges was given to the prisoner on the same day, and all the furniture was given up to him on the 3rd October—he made almost daily appointments after 3rd October with me—one day he wrote eight letters, three to me and the rest to my creditors—these are the bills (produced)—there are eleven of them—the three largest are, 200l., 200l., and 220l., making 620l.—that represents the balance of the purchase-money—that was the money obtained on the discounts—the other bills were given to me from time to time, when he put me off with a most positive assurance that he was going to pay a compensation for the legal expenses I was incurring—he gave me eight bills, each for 40l., as a compensation for the loss I sustained by delay, and for legal expenses—I did not make use of them—two of them were discounted by Mr. Brewer—during the whole of this time the defendant was taking the school fees, so that he had nearly the whole value of the bills—the 19th October was the last date that any bill was given—he was then taking the school fees at both places—about 13th October he said something about expecting a
partner from Brighton, Mr. Davis, who was to pay him 2500l., part of which, 1000l., was to be discounted by the London and Westminster Bank, Lothbury—he wrote to the bank manager about it—he ordered me verbally to present my acceptance for payment, at 12 o'clock, on Tuesday, 18th October, I think; but it was the morning after he gave me the bills—I did present them, but I got no money—on 12th November I resumed possession of East London College—I arranged on 9th November, at a meeting of his solicitors and mine, that I should go back on the 12th, if he did not pay me, and he wrote me two letters, asking me to be quiet and friendly, and the bankruptcy messenger came down, and said that the day before he wrote those letters he had made himself a bankrupt—I went down on the 12th, and the same evening I saw the bankruptcy messenger—I was not aware the prisoner had been bankrupt in June, 1867, I found that out by accident—the messenger told me that he had made himself a bankrupt—I had to borrow money to pay the assignee for the furniture—I paid 200l. cash to get back my furniture, and the eight 40l. bills, that I should have had to claim on the estate, and the 620l. bilk as well—from first to last, I did not get 1s. from the prisoner, he gave me a 10l. cheque, which was dishonored next day—I shall have to pay to get back my lease, which is in Sheppard & Riley's hands, as security for the money they advanced, and for the costs—I became bankrupt, I was advised by my solicitor, rather than break up my school, to take protection for a few days, till I could call a meeting of my creditors; there was a meeting, the following day, and they agreed to my assigning the whole of my property, and undertaking to pay the creditors in full—the value of my property is something beyond 3000l. beyond the mortgages—the statement about the Lichfield mortgage, and about the London and Westminster Bank, naturally influenced my mind in the matter—I believed what he stated, and I should not have parted with my property if he had not done so—it had the whole and sole influence on my mind when I was making the deed of assignment—this (produced) is one of the deeds I signed on 3rd October—I certainly should not have signed it if I had known the prisoner's circumstances—I signed it, believing his statement—these four bills (produced) for 100l. each, are those which I spoke of as being in the hands of Sheppard & Riley, and which I shall have to meet—the pupils' fees were payable in advance, if a boy came on 17th August it would go on till October—about the end of October there would be large fees due—on 13th November I went into possession, and was turned out again—the prisoner took the fees, after 19th October, up to the date of his bankruptcy.
Cross-examined by MR. METCALFE. Q. Were they weekly or daily pupils? A. Day pupils and boarders—they paid their fees quarterly in advance, their quarters occurring at any day, and there were no extras for books or anything—if a boy came on 17th July, his quarter would go on till 17th October—I have no means of knowing how many boys came between 3rd October and 12th November—I am assuming that the prisoner took a quantity of fees—he took the fees of the old pupils, whose quarters were up, as well as of the new pupils—he took, in the two schools, about 400l.—the messenger of the Bankruptcy Court has the books—400l. is what I consider should have been the amount, but I cannot pledge myself to what I did not see, and have no record of—these are my prospectuses (produced)—in the middle of September, I had the Anglo-French College, the East London College, the Stainsby College for Ladies, and the girl's school at
South Hackney, for the sisters of the boys at the boys' school—the South Hackney school I sold on 15th September to an assistant, who has been with me five years—I had four schools on 15th September—the prisoner came to me as an assistant in August; I had six schools then—the sixth was at Burgess Hill, Finchley Road, and I had a ladies' school at Bow—I was principal of all those establishments—I describe myself as A. C. P., Associate of the College of Preceptors, Fellow of the Royal Geographical Society, and F.S.A., here are the three diplomas—I was certificated at the head of the College at Chelsea, and had a full certificate for five subjects in drawing at the Science and Art Department, South Kensington, and a medal for successful teaching and drawing—the actual assistant at the East London College in August, 1868, was William Cook—he was first-class master, Mr. Dare was second or third-class, I do not remember which—Mr. Vignon was the French master—the prisoner was also a master, and Mr. Stacey—this prospectus was issued in 1868; that means December, 1867—it is the last book prospectus—it is true that I put forward to the public that Mr. Holt was the vice-principal at South Hackney, he has bought it of me since—I did not give these prospectuses to the prisoner as part of the proof of the respectability of my position; he may have taken them—I told the printer to make me a few more prospectuses—he did it right as far as the headings went but left the first page as it is for the list of masters—I can prove that my custom was to tearthat leaf out before issuing the prospectuses—the last was made in December, 1867—it is true that Mr. Holt was vice-principal, he fully represented me in my absence—this is a prospectus of 1867—Mr. Hall was a resident master at South Hackney, in 1867, as far as I can go, but I can show you a list of twenty masters, I cannot recollect all—Mr. Hind was a resident master, but not at South Hackney, nor was Mr. Prior—Mr. Plumstead was at East London, and Mr. Coakley; Mr. Shone was at East London, not at South Hackney, but the two schools are within a mile and a half of each other—Professor Noirit visited both places—you will find him as a non-resident—he was French master at East London College—M. Vignon was with me between five and six years, and M. Noirit was dismissed and taken on again—there were over twenty assistants at one time at the different schools—when the prisoner came to me in August, I was only in debt for my current accounts—I believe they amounted to as near 3000l. as possible, and by my cash-book I can show you that my current expenses were 12,000l. a year—besides that, I had raised money on mortgage very largely—the total value of my property was nearly 8000l., and the mortgages largely 5000l.—the 3000l. debts is exclusive of the money borrowed on mortgage—the whole amount is 8000l., subject to some of it being secured—the 3000l. is not secured, but there is the balance value of the property—I have no other property but the goodwill of my schools—the one in Finchley Road is valued at 800l—I am not aware that the gentleman who has valued the East London school has reported that the goodwill, and other things, are worth nothing, or recommended that it should not be bought—I did not ask the prisoner to raise money for me almost immediately after he came as master—he came, I think, between the 1st and 6th August—I did not, as early as 28th August, give him what was the commencement of a bill, in my writing, and ask him to get money on it—this is my writing (produced), but it was never given to him; it is a bill which he must have purloined out of my desk—I cannot account for his doing so, any more than I can see any
benefit which he has received from this—I did not write, this "28th August," on this stamp, commencing a bill, for him to get the money for—he never said, "It is no use drawing accommodation bills, the bills must appear to be trade bills if I am to get them discounted"—I did not employ him to discount bills till the end of September, when he could not pay a deposit—the deposit was to be paid before the agreement was drawn—this letter (produced) is the only agreement—the proposal was on the 22nd; this is it (produced).
Q. This letter was written to Mr. Brooke: "The reports of our agent, with reference to Mr. Haysman, are of such a nature that we cannot advise you to proceed in the matter of the proposed partnership, &c.; it seems to us that the best plan would be to try the Bow college; that arrangement is the only one we can sanction under the circumstances?" A. The defendant himself showed me the report upon which that opinion was based, and there is not a shadow of truth in it—this (produced) is the report of which I speak. (This stated: "Everything is very doubtful; do not part with your money; although he is a very industrious man, he is resting upon a thread.")—That report is so false, that Mr. Love was going to sue me in the County Court, though he had only cashed a bill for me a few days before; I dare say he is here to prove it—I did not get the prisoner to discount any bills for me before the 200l. which he was to take to the London and Westminster Bank—I cannot tell you the exact date, but not before the 12th September; that was the first time he spoke to me—on 19th September, he gave me these two bills, cashed by Mr. Sheppard—I had given him the 200l. bill about the 14th or 15th; it was the Monday or Tuesday; I said the 13th—he tore it up because he said it must be in two separate bills of 100l. each—he did not say, "It is no use giving me this bill, the bills ought to be smaller, and you must make it appear that they are trade bills, given in payment"—I do not know whether I sent this letter (produced) with those two bills—it has the appearance of my writing, and I said that it was, at the Police Court, but I know nothing whatever about it, and I should say that it is not my writing—the only hesitation I have is that he may have so influenced me as to write something which was misinterpreted—I mean, on my oath, to swear that it is not my writing—I distinctly swear that it cannot be, that it is not; I had no transaction of that kind; it is not mine—I know that there was a second mistake, and that Police Court was most cruel torture and degradation to me—I distinctly swear that this is not my writing—it was shown to me at the Police Court, and I was asked, "Is that your writing?" I said, quickly, "Yes," and was going to say something else, but was immediately stopped—I swore that I did not enclose two bills with it; you may refer to my deposition.
Q. Did you swear this: "The letter produced, of 19th September, is in my hand; the bills produced were enclosed in the letter?" A. The latter part, I believe not; the former part, I unfortunately did—the whole thing was a mockery, from beginning to end—I believe I swore that the two bills did not go in the letter—they certainly did not go in the letter to the prisoner; they went by hand.
Q. Will you swear they went by hand? A. I cannot go so far as that, they may have been enclosed in a note, and sent by hand—I had not before said "It is no use giving me bills without giving me something to show that they are trade bills," I would not be guilty of such a trick—this, "Will you
kindly take the enclosed acceptance in payment," was not written by me—I can only say the way I was treated, I neither know what I said or did—when he came to me his wife was appointed head governess at the Poplar school—I gave both him and his wife cheques for their salary—those cheques have not been paid at all—they were given to them on the day they bear my signature, I think it was October 2nd or 3rd—they were not presented till the day before his bankruptcy, 10th November—they were dishonoured—they were not presented till I had disposed of two schools out of three—one cheque was for 5l., and the other for 4l—I mean to represent that the prisoner, who could not pay me, and who was trying to defraud me, kept those two cheques from 3rd October till 10th November—I had told him not to pay them in till after the 6th, the day of the undertaking to retire a large sum of money—I did ask him to hold them over till the 6th, three days—I did not swear at the Police Court, "I did not ask the prisoner not to use them, as I had no balance; "The question was only partly put down in the Court—I did not ask him to hold them over till the 10th November.
Q. "I had a balance at my banker's to meet the cheques, I did not ask the prisoner not to use them," is that so or not? A. After that ought to have been put, "Till November; he was only asked to hold them over till he paid me—I did ask him to hold them over till the 6th—the deposition is not correct—(The witness's deposition stated, "I did not ask the prisoner not to use them, as I had no balance; I told him to hold them over till the day he should pay me ")—my words were, "I did not ask the prisoner not to use them, "That is, not to pay them to his cheesemonger, or anybody—I had a master named Dare—I gave him a cheque for 2l. 6s. 8d., on the London and County Bank, for his salary—that was about the same time; it was dishonoured—it was not presented till 17th October, after I had been deprived of my income—Mr. Dare paid it to his upholsterer; but the prisoner took the rent of one of my houses, which he put against it—the prisoner, I believe, paid Mr. Dare's cheque for me; he wrote to me, and said that he had paid it—I know that he has paid it—I gave Mr. Cook a bill for 27l. 2s., I think—the prisoner did not put his name to that bill at my request, I did not see him—that bill has not been paid by me, but it is no fault of mine—I gave a bill to Alcock, and the prisoner put his name to that, too—Mr. Alcock did not refuse to take the bill without Mr. Haysman's name—that bill has not been paid, it fell due during my embarrassment—I never asked any of the other masters to get bills discounted for me—I offered the prisoner 10l. to get bills discounted for me, because he would not pay a deposit, and I had thrown away other partners to get him—I paid Sheppar & Riley for discounting bills for me, with a distinct understanding from the defendant that he would repay me the money—I had an execution at Finchley, at the end of November or December, long after all these disappointments—there was not an execution at Finchley, in September, from the brewer and the baker—I cannot give you the date—they did not come in separately, but almost together, because they saw how things were going—I had a son of the prisoner's at my school for two years and a half, up to Midsummer, 1867—his bills were paid as regularly as possible by his grandfather—I knew nothing of his father—there was a very small profit, if any, upon the East London College when I sold it—there was about 700l. a year profit on the Finchley Road school—I had to borrow money when I built the premises—I had nearly 100 scholars at East London
when I made the transfer to the prisoner; but when these photographs were taken there were 300—that was just prior to cholera breaking out—I have the list of the boys here, there were eighty-two when I left—I got all the furniture back by buying it—the prisoner filed a bill against me in the Court of Chancery some time before I took possession—it was filed after he was bankrupt—I went into the Bankruptcy Court, and am to pay 20s. in the pound—the excess value of my property is 3000l.—no part of that has been sold or realized—Mr. Paget dismissed the charge at the Police Court.
MR. BESLEY. Q. What became of the bill he filed against you? A. It was dismissed—I was put to expense by it, I have to pay Counsel's and solicitor's expenses; the bill has not come in yet—he filed that bill after he was bankrupt, and omitted to state in it that he was bankrupt—there was no execution put in until the prisoner had deceived me—I allowed Sheppard & Riley 35l. for discounting the bills—I agreed to pay the prisoner 10l., but he did not get any bills discounted for me—no bills were discounted except those which Sheppard & Riley had secured by the lease—Alcock's transaction fell due October 23rd, and I was unable to meet it—there is no pretence for the question about my seeking to discount bills through my Masters—I have had no accommodation bill transaction with anyone whatever—Mr. Cook said that he had a friend in Yorkshire who would discount a bill, and I gave him one for 27l. 2s.—that was due at the end of December or the beginning of January this year—I did not know of the prisoner putting his name to it till after it was done, when Cook told me—this report about my resting on a thread was shown to me one night after the agreement for the purchase had been come to—it is untrue about Mr. Love, the grocer, suing me—no complaints as to my solvency were made in the neighbourhood, that I am aware of—I had an agreement for a lease of Finchley College—I had seventy-eight or seventy-nine boarders there; it was full—there is no truth in the statement, that anybody can claim the ladies' college—there was no transaction between us to justify this letter, although the writing is similar to mine—I feel certain it is not my writing, and I have no recollection of it at all—the circumstances under which I made the answer at the Police Court were so embarrassing that I cannot account for anything I said there, but I still deny this being my writing; I thought these bills were destroyed—there were two bills about that date—my desk, from which the bills were purloined, was left at the college up to the end of October—he had access to it, and to all things in the college—I say that I never gave him this piece of stamped paper—a number of these prospectuses were in the cupboards when he entered on possession—he knew who the masters at the East London College were; he had been there himself and there could not be any master there who he did not know—the printer printed this line in the double prospectus, and the single one too, and I always tore that leaf out before I issued them—I had property worth 8000l. mortgaged up to 4855l.—my debts were about 3000l., and would absorb the whole surplus—I was at that time paying off from day to day as claims were made upon me—I have been sued in one or two very small County Court claims during the past five yean, where they knew I would not appear—I was paying up to the time of this transaction.
GEORGE DOBREE . I am a solicitor, of 3, Lincoln's Inn Fields; and, I believe, the only solicitor of that name practising in London—I am the only Dobree in the Law Lift—I was not agent for any mortgage at Lichfield, or for any solicitor there having such a mortgage—I do not know the prisoner—I
made no appointment to meet him at Northfleet about 27th November last, and I did not go there.
ALEXANDER DIXON . I am assistant to the accountant of the Whitechapel Branch of the London and Westminster Bank—I have been there eight years—I know nothing of the prisoner; he has no account there—I never saw him there.
TRESILLIAN SHIPP . I am secretary to the London and Westminster Bank—I know nothing of the prisoner—it is part of my duty to become acquainted with the shareholders in the bank—he is not a holder of ten or any number of shares—a letter was addressed to the bank, to which the bank replied—a sum of 1000l. was not paid in to the prisoner's credit after October—he never had any balance at Lothbury; that is the principal office.
THOMAS MANNERS . I am a clerk in the Bankruptcy Court—I produce the proceedings in the bankruptcy of Henry Dyson Brooke, of Swanmore Road, Ryde, Isle of Wight, seller of books and teacher of music, and formerly schoolmaster, filed 26th June, 1867—they are under the seal of the Court—the amount of debts to unsecured creditors is 781l. 10s. 6d., and secured 866l. 18s.—he says that he has given up property value 250l., and in the hands of creditors 720l.—there was a dividend declared 7th January, 1868—I cannot tell the exact amount—there was a balance of 26l. 16s. 1d. available for dividend—he got his order of discharge on 21st January, 1869—it was a conditional order, subject to his setting aside 50l. per annum for the benefit of his creditors—I also produce the proceedings in the bankruptcy of Augustin Henry Brooke, of East London College, Bow, and Stainsby College, both in Middlesex, dated 11th November, 1868—no mortgage at Lichfield is named in the accounts of either bankruptcy, nor any shares in the London and Westminster Bank, of which he alleges he is the holder.
ELIZABETH HAYSMAN . I am the wife of James Haysman—I copied portions of some of the letters, and left them on the table where I copied them the morning afterwards—I am not certain whether I saw my husband with them afterwards—they were in the prisoner's writing—I know his writing—I believe these letters (produced) to be his.
Cross-examined. Q. Are these two letters (produced) your husband's writing? A. Yes.
ALFRED EWING FLETCHER . I was a schoolmaster some months ago—the prisoner negotiated with me for a partnership at East London College, and I thought he was the principal—I called some time in November, Mr. Haysman was not there.
Cross-examined. Q. Did you apply to Mr. Haysman at Finchley? A. Yes—I inquired into a partnership with him there, and in consequence of what I heard from the prisoner about him, I declined to have anything to do with the Finchley affair—I instructed a solicitor to inquire into it for me, but it was not in consequence of his report that I declined.
MR. BESLET. Q. Was it in consequence of something Brooke said? A. Yes.
HARRIETT NEWBERRT . I am a widow—I knew the defendant as a master at East London College—I was the matron there—he was repeatedly saying that he had plenty of property, but Mr. Haysman was not present.
JOSEPH HENRT WILLS . I am a pupil at the Anglo-French school—I know Mr. Brooke—last October he took me to a dining-room in the Strand, and I wrote two letters from what he said—he told me to address them from Brighton and sign the name of Davis, and I did so—I wrote the two letters on the same day—I then went with him to the telegraph office
opposite Charing Cross—he told me to stay outside, but I saw him go there—he afterwards took me in a cab to London Bridge station—I had refreshments at the dining-rooms, which he paid for.
Cross-examined. Q. When was this? A. In October, about the middle, I think.
AUGUSTUS FREDERICK SHEPPERD . I am a partner in the firm of Sheppard & Riley—I have known the defendant since September last, when he came to us about this matter—this letter of 16th September is signed by me, and I have no doubt I wrote it by the prisoner's direction—(The first letter informed Mr. Haysman that having completed their inqutries, they could not sanction Mr. Brooke proceeding further with regard to a parnerthip, and requesting a reply as to his granting a lease for twenty-one years. The second stated that Mr. Brooke would purchase of Mr. Haysman the good-will of both schools, for 700l., and take the fixtures at a valuation, Mr. Haysman agreeing not to set up a school within three miles. Signed, "Sheppard & Riley.")—I have not got the authority for that, I suppose it was verbal—on 24th September I wrote this, "J, Haysman, Esq. Sir, We understand from the Reverend Mr. Brooke that there is a lease of Stainsby Road, which we wish to see, and we wish to know whether there is any covenant in the lease against carrying on a school"—The prisoner represented himself as the Reverend Henry Brooke—on 3rd October the interview took place of which Mr. Haysman has spoken, and this agreement was executed in my presence, and attested by me—I discounted two bills at the prisoner's earnest entreaty, and I still hold them—I have a claim against Mr. Haysman for them, and I hold the original lease and agreement—I have also a claim for costs on behalf of Mr. Brooke, for which I claim a lien upon the lease—up to 3rd October I had heard nothing about a mortgage at Lichfield—I have a telegram dated from Charing Cross—(MR. METOALF. objected to the production of the telegram it being a privileged communication, and MR. BESLEY. did not press it)—I never saw any reverend gentleman named Davis—I went to Brighton, and was kept there four days, but never saw him.
Cross-examined. Q. Did you discount the first two bills at the instance of Mr. Brooke? A. He requested me to discount Mr. Haysman's bills, the second set, most certainly—it was on the completion of the assignment—I saw Mr. Haysman prior to this letter; he continually called upon me, the same as Mr. Brooke—he did not tell me he was ready to make a statutory declaration that his debts did not amount to 1000l.—on the first occasion he came, he was to satisfy me as to his monetary position—I understood him that he was ready to make a statutory declaration that his debts did not amount to 1000l.—I should say he told me that they did not—it is quite evident, by my letter, that he was ready to make a statutory declaration—this letter (produced) is something like Mr. Haysman's writing, but there is a lack of boldness about it—I should say, most distinctly, that it is not his; there is a lack of firmness about it—we received this letter: "East London College. Messrs. Sheppard & Riley. Dear Sirs, I have just received your letter of December 23rd. I hereby accept your offer, and beg you will kindly use your best endeavours to expedite the execution of the transfer. J. Haysman."—The first two bills were brought to me on a Saturday, I think it was the 19th September, but am not certain of the date without reference to my diary.
MR. BESLEY. Q. At fist you said that you had the impression that Mr. Haysman said his debts were not more than 1000l.; was that on a balance of his accounts? A. I cannot charge my memory—if a man made that
declaration, I should understand that, after paying all his debts, his debts would be 1000l., less simple contract debts—I made inquiries, to obtain a knowledge of his solvency, and the result I considered so far satisfactory that he expressed his willingness to make a declaration—I made inquiries which were not satisfactory, and then wrote the second letter—he spoke of the furniture as being worth so much, so many iron bedsteads, worth so much; but I cannot charge my memory exactly with what took place.
Thursday, May 6th.
MR. BESLEY. to AUGUSTUS FREDERICK SHEPPARD. Q. I understand you wish to correct your statement made yesterday, in reference to the money being given to Mr. Haysman? A. On the first transaction I find, on referring to my diary, that Mr. Brooke was present, and received the cheque from me—he signed the document (produced) on 3rd October—Mr. Haysman was present when the arrangement was made about retiring the bills, and Mr. Brooke also—the document you hare referred to was signed on the 2nd, but it was produced and used at the interview of the 3rd—this one (produced) was also signed and given to Mr. Haysman—(This was an undertaking by Mr. Haytsman to retire all acceptance of hit and Mr. Brooke's, lodged with Messrs. Sheppard & Riley, at security, on or before the following Wednesday, and to execute a bill of tale on the furniture at Burdett College and Stains by College, in the event of his being unable to pay them 400l. by the following Thursday morning; and also to influence hit wife at to certain shares)—I did not make any inquiries about the London and Westminster Bank shares—these three letters are in the prisoner's writing—I went to Brighton on Saturday, 1st November, and remained till the following Wednesday—(The three letters were here put in; the first was dated from East London College, Bow, to Messrs. Cowdell & Grundy, requesing them to give him a little money to pay Mr. Baxter's bill, at he was about entering into a partnership, and would repay the money on Monday. The next was dated Stains by College, September 23rd, from the same to the same, requetting them not to take any stept against him till Monday, at it might be the means of preventing his receiving a large sum of money for a partnership, on receiving which, on Monday evening, he would take up their bill on Tuesday morning. The third was dated October 28th, from the tame to the same, stating that it was settled that Mr. Sheppard was to go down to Brighton with him to settle the matter, and that he would authorize Mr. Sheppard to settle with them on Mr. Baxter's behalf, and requesting them to allow the matter to remain till Saturday evening, the 2nd)—I remained at Brighton four days, but saw nothing of the Rev. Mr. Davis there—I produce two letters, purporting to be signed by tie Rev. Mr. Davis at Brighton.
JOSEPH HENRY WILLS . (re-examined). These are the letters I wrote (Read: "Brighton, October 26th, 1868. Gentlemen. The Rev. H. Brooke has informed me that you require a specific undertaking that I intend going into partnership with him. I shall be prepared by November 1st to complete matters, and pay him the money. William Davis." The second letter purported to be from Mr. Davis to Mr. Brooke, dated Brighton, October 29th, 1868, stating that he was not aware that November 1st was Sunday, but should be pleased to see him on Monday to luncheon, when he should be ready to pay the money).
assignees of Brooke's second bankruptcy—I have produced here eleven bills of exchange, which I received from Mr. Haysman, who paid 200l. for the furniture at the time.
Cross-examined. Q. Was there a debt proved on a bill of Cook's, accepted by Hayaman? A. Yes, for 27l. 2s.—there is also a bill of Alcock's hare against the estate, for 100l. 5s.
MR. BESLEY. Q. Was not the 27l. allowed for in the valuation by Mr. Haysman, and the 100l. also. A. I do not know that, but if the question means that in arriving at the amounts Alcock's bill and Cook's bill were deducted from the total, I believe they were—the 100l. and the 27l. have actually been allowed for as proofs against the estate.
ALFRED COOPER WOODWARD . I am a clerk to the International Telegraph Company—I produce two original telegrams of 15th October—one was sent from Poplar station to Mr. Haysman, the College, Bridge Hill, Finchley Road, from the Rev. H. Brooke—I do not know myself that that came from Brooke—I also have a telegram of 15th October, from the Crystal Palace, but purporting to come from Brighton.
AUGUSTUS FREDERICK SHEPPARD . (re-examined). These two telegrams are in the prisoner's writing—(Read; "Poplar Station, October 15th, 1868. Rev. Henry Brooke to J. Haysman. Wrote you full last night by late post, am now off into Sussex. Keep in way, at per letter"—"October 15th. Rev, Henry Brooke, Hove, Brighton, to Mr. Haysman. At last I settle the matter. Mr. Sheppard will write by to-day's post Please do not come to the college between this and Monday morning.")
REV. JOHN ELLIOTT ROBINSON . I am Vicar of Cheveley, in Berkshire—I know the prisoner, he became my National School master in January, 1868—he remained in my neighbourhood six months, up to July—I afterwards heard that he was performing the duties of a clergyman, but not in my parish, both preaching and performing service—he had said at the commencement of our interview that clergymen were sometimes schoolmasters—I said that I should object to that, at any rate it would not do in my parish—when I called his attention to what I had heard, he said that he had been ordained by Bishop Cotton, of Calcutta, who was drowned—I afterwards communicated with the Bishop of Oxford, and have a letter from him.
(The copied letters from the prisoner to Mr. Haysman were her put in, one dated East London College, September 14th stated the conditions upon which he was willing to enter into partnership with Mr. Haystman, both then and at Finchley Road, the terms being 500l for Finchley Road, and 300. for East London College. Another was dated Stains by College, September 16th stating that his solictors were making the necessary inquiries, and he would state on Saturday on what day he should be prepared to give a cheque for a deposit instalment. Another letter, dated September 18th stated that as soon as Mr. Sheppard was satisfied with the securities, he, Brooke, would give a cheque for the purchase money. Another letter, dated Bayswater, September 18th declined a partnerthip, at his solicitors had the power, and refuted to allow if; but inquired upon what terms Mr. Haysman would tell the Bow business, requesting an answer at once, at the money wot ready, and he did not with it to lie idle. Another Utter was dated Charing Crott Station, September 25th, stating that Mr. Haysman being late at Bow yeserday, had thrown out all hit, Brooke's, arrangements for the discount matter, at Mr. Dobree had left town, and he was going to Northfeet to set him. Another letter, dated September 28th, requested Mr. Haysman to furnish him, Brooke, at once with a list of the college fees received in advance, and the name and address of everybody in the college.
JAMBS HAYBMAN . (re-examined). There was only an interval of nine days between the first proposition and the close of it—I was asked what was the probable amount of my debts—I had made no list of them, and I said that I did not know what they were—Mr. Sheppard said, "Do you consider 1000l. will cover them?"—I said, "About that;" but I afterwards told the defendant I thought it would be 1200l., and two days afterwards the idea of partnership was abandoned.
MR. MITCALPE. submitted that there was no case to go to the Jury, either on the first Count, which charged the obtaining the furniture by false pretences, because it was not obtained by the false pretences, but by operation of a deed of assignment; or on the second Count, which charged the defendant with inducing the prosecutor to make and execute the assignment of the furniture, because such a deed was not a valuable security within the meaning of the 24 and 25 Vic., c. 96. MR. BESLET. contended that "Q. v. Abbott," 2 Cox's C. Cases, 430, decided that although goods were obtained through the medium of a contract obtained by false pretences, it was still an obtaining of the goods by the false pretences, and that "valuable security" in section 90 of 24 and 25 Vic., c. 96, under which the second Count was framed, meant according to the interpretation clause of the same Act, any deed, whether used as a security for the payment of money or not, or, at all events, an assignment of furniture, which was a document of title to goods." THE COURT. declined to stop the case.
GUILTY .— Five Years' Penal Servitude.
MR. HUNT. conducted the Prosecution; and MR. WARNER SLEIGH. the
GEORGE BAGLIT . I am a brass finisher, of 5, Wilson Street, Long Acre—on 10th April, just before midnight, I met the prisoner and two others—the prisoner seized me by the collar of my waistcoat and coat, and threw me back against the shutters of a shop, by forcing his arm under my chin—one of the others turned my right waistcoat pocket inside out, the two others then ran away—the prisoner still held me by the throat; he threw me from him, but I did not go down—he ran away, and I ran after him fifty yards, and gave him in custody.
Cross-examined. Q. Where had you been? A. To a trade supper—I might have had four glasses of ale, not five—I was sober—there was a lamp at the public-house on the opposite side—the prisoner held me while the others rifled my pockets.
MR. SLEIGH. stated that he could not resist a verdict of Guilty.
He was further charged with having been convicted at Bow Street, in November, 1867, to which he
PLEADED GUILTY. **— Twelve Months' Imprisonment.
FOURTH COURT.—Wednesday, May 6th, 1869.
Before Mr. Recorder.
MR. LANGFORD. conducted the Prosecution; MR. COLLINS. defended Wykes; and MR. MONTAGU WILLIAMS. defended Dennis
ISAAO FARLEY . (City Detective 462). On the morning of 20th April, about 6.5, I was in Temple Street, Whitefiars, watching the prisoner Dennis—I saw him go into Mr. Arding's shed with an empty sack under his arm—Mr. Macey has a stable there—he remained in the shed about ten minutes, and came out with the sack, full of something, on his shoulder—I followed him to his own stable, at New Wharf—he is a greengrocer—when I got there I asked him what he had got in the sack—he said, "Horse provender, from the wharf in Thames Street"—I said, "What wharf?"—he said, "I forget the name, but it is next to the large iron foundry, in Thames Street"—I said, "Dennis, you did not bring it from Thames Street, I saw where you went with an empty sack, and now I have seen where you come with a full one"—he then said, "I did not fetch it from Thames Street, I had it from Mr. Arding's man"—the sack contained three bushels of split beans, oats, and out hay—I said I should take him to the station for receiving it, knowing it to be stolen—he said, "Don't look me up this time, let me go, for the sake of my wife and family"—I said, "I can't let you go, it has been going on so long"—he keeps a horse and cart—I took him to the station, and went back to the shed in Whitefriars Street, and saw Spratt, a porter in Mr. Ardley's employ—I had a conversation with him, and then spoke to Wykes in his presence—Spratt had been to the station with me—I said to Wykes, "Did you authorise Spratt to give this horse provender to Dennis?"—he said, "Yes, it is quite right, I did"—I took Wykes to the station, and he said it was quite right, that he had told Spratt to give it to Dennis, and he had a right to do so, it was what the hone would not eat—the inspector then said, "If your master knows, we can't detain you; but we shall detain the provender, to make inquiries"—they were released from custody—I made inquiries, and took them in custody again, about 11 o'clock—I produce a sample of the mixture.
Cross-examined by MR. COLLINS. Q. Did not Wykes say "It is quite right, I told him to give it to him when he came? A. Yes, I believe he did.
Cross-examined by MR. MONTAGU WILLIAMS. Q. Did you tell Dennis you were a police officer? A. He knew me quite well—I did not ask him where he got the sack from—I am sure I said, "I can't let you go, it has been going on so long"—my depositions were read over to me, and I signed them—I did not notice that omission in them.
JAMES SPRATT . I live at 11, Shaftesbury Street, Walwerth, and am porter to Mr. Arding—on the morning of 20th April Dennis came to me, about 6 o'clock, with a sack, and I put in the mixture which the officer found—it was food which the horse would not eat—I got it from another sack, and put it into Dennis's sack—Dennis said that Wykes told him to come down for the rough food, and I gave it to him—I had given it to him once before—Wykes gave me directions to give it him then—that was about ten days before—I had no directions to give this particular stuff—Wykes came that morning with Mr. Arding's horse, and brought some provision for the horse with him—he took part away and left the other part.
Cross-examined by MR. COLLINS. Q. Wykes came with the horse provender that morning? A. Yes—a part of that was left in the shed—I understood that if a horse blows on his food, he will not eat it afterwards—it accumulated little by little, and I gave it to Dennis, and thought there was no harm in doing it.
HENRY HOWARD . I am horsekeeper to Mr. Macey, at Milford Lane—Mr. Arding keeps his horse there—on 20th April, Wykes came for the horse in the morning—when he goes out with the horse, he takes some provender with him—that belongs to Mr. Macey—he takes away about two bushels, in the morning, for the horse.
Cross-examined by MR. COLLINS. Q. Do you have charge of the food? A. Yes—he took it out in my presence—it was sufficient for the horse for the day.
JAMES MUGFORD MACEY . I am a builder, at Milford Wharf—Mr. Arding kept his horse at my stable on the 20th April; he had done so for six months—I fed the horse during that time—I never gave Wykes any authority to give any of my provender away—I knew that he took enough provision for the day, for Mr. Arding's horse—Dennis had no right to take the provender away—it is not my custom to fodder horses for people, but Mr. Arding being a friend, I allowed his horse in my stable.
Cross-examined by MR. COLLINS. Q. Did you pay so much a week for the keep of the horse? A. Yes—Wykes has been in my service four years and a half—he was the most careful carman I ever had.
Dennis also received a good character.
NOT GUILTY .
THOMAS HARRIS . I am a builder—about 11 o'clock, on 8th April, I was in the Three Mariners public-house, Castledon Road, Hackney, with the prosecutor—two men came in and asked for a pot of ale—they poured a glass out, and the prisoner walked in and drank it—he was not drunk; he had had something to drink before, I should say—he poked Fossett in the back with his umbrella, and said, "I have seen a b—pal of yours"—Fossett said, "You have made a mistake; I don't know you, and you don't know me"—the prisoner said, "There is no b—mistake about him," and struck him in the back with his fist—the landlord then turned the prisoner out of the house, and they had a struggle—Fossett and I went out to go home, and as we went out, the prisoner ran at him, and jobbed him in the eye with his umbrella three or four times—he ran at me, and said, "You b—I will serve you the same"—I hit the umbrella down with one hand, and knocked him down with the other—then we had a struggle on the ground—Fossett said, "My eye is out"—he was quite blind the next day—I saw Drake there; he was one of the men who came in for the beer.
Prisoner. Q. When I said to Fossett, "I have seen a pal of yours," did you not say, "Who are you poking fun at?" and I said, "Nob you?" A. No—I did not knock or push you down, before you poked my friend with the umbrella—the man's eye was bleeding.
BENJAMIN FOSSETT . I live at 6, Grove Villas, and am a clerk—on 8th April I was with the last witness, in the Three Mariners—the prisoner came in, using very bad language—he said he had just left a pal of mine, and I turned, and said he did not know me, and I requested him to go away—he pushed up against me, and said he would not go away—I pushed
him away, and the landlord put him out—I went out to go home—he was waiting outside the door, and he stabbed me in the eye twice with his umbrella—I was blind the next day, and for some time after—I can't see out of that eye well now—I did not run on to the umbrella; he hit me twice, and cut the lid underneath—I had never seen him before.
Prisoner. Q. Did you not fix me by the throat? A. I caught hold of you by the collar—I did not nearly choke you—I told you not to annoy me, and then pushed you away; you were then turned out of the place—I have had something on my eye ever since—there are two marks, you can see them distinctly now.
DAVID SHINE . (Policeman N 184). I took the prisoner at the public-house—Fossett's eye was bleeding very much—the prisoner was flourishing his umbrella about, saying, he would poke their b—eyes out—he was drunk.
Prisoner. Q. Did you hear the cry of "Police?" A. Yes; I can't say who it was—I can't say that it was your voice—when I came up, I saw mud on your shoulders—I did not see you knocked down.
GEORGE DAVIS . I am landlord of the Three Mariners, South Hackney—on 8th April, Mr. Fossett and Mr. Harris were in my bar, about 10.45—two men came in, and asked for some ale, and about two minutes after, the prisoner came in, and they handed him a glass of ale—after that he tapped Mr. Fossett on the back with his umbrella and said, "I have just left a b—pal of yours"—he used very bad language, and I went round the counter, and said to him, "This is not the first time you have been here" and I put him out—I saw Mr. Fossett go to the door, and the prisoner took his umbrella, and struck Mr. Fossett in the eye, and once in the neck—the blood came from his eye—the prisoner said he would serve me and Mr. Harris the sama.
Prisoner. Q. Did not Fossett fix me by the throat, and push me up against the tap room door? A. There was a scuffle between you—I put you out myself—I did not knock you down, Harris knocked you down, and when a constable came up, he gave you in custody—I brought an action against you for slander—the amount I claimed was 200l—Mr. Fossett employed the solicitor in this case, I did not—it is the same solicitor that I employed in the action—the Jury awarded me 5l., and 2l. for the damages done to a desk—I never said that I would have you again, if it cost me 50l.—I know a man named Ophan—I never said so to him.
Witnessess for the Defence.
JOHN DRAKE . On the evening of 8th April I was at the Three Mariners, I was with another man—as we were coming down the Castledon Road, we met the prisoner, about 10.30—he knocked against us—I said to him, "Hold up, mate"—he said, "All right, I live at 24, Haricott Road" we walked as far as the Three Mariners, and he asked us to have a glass of ale—he gave me 6d., and we went in and got some beer—I poured out a glass—the prisoner then came in, and I handed it to him—he drank it—he then said to Fossett, "I have seen your pal to-day"—Fossett said, "You have seen no pal of mine"—he said, "Yes I have"—Harris then said, "Who are you poking fun at; I will knock your b—head off if you are not off"—Mr. Fossett ran at the prisoner, and took him by the collar, and kept knocking his head against the tap-room wall—Mr. Davis said, "Throw the beast out"—he took hold of the prisoner, and put him outside—I went out with the prisoner—Harris and Fossett came out after Harris struck the prisoner—Mr. Fossett went to strike him, and he put his umbrella up,
and it went into Fossetts eye—a constable came up, and he was given in charge—as Fossett went to strike him, the prisoner put up the umbrella to defend the blow—Fossett fixed him by the throat, till he was black in the face—the potman and all were on him—the prisoner was on the ground when they were striking him—Fossett was in the house then—Fossett came to the door, and rushed at him, and then the umbrella went into his eye—the prisoner was not struck after that—it was accidental—he put it up to save the blow—the prisoner had been knocked into the gutter before Fossett was struck with the umbrella.
Cross-examined. Q. How long had you been in the public-house before the prisoner came in? A. Two or three minutes, not more—he said, "I have seen a pal of yours," to the prosecutor—the word "pal" was used—I used the word "friend" before the Magistrate—he said pal, but I thought friend would sound better—I was not in Court when Sergeant was examined—I am sure Fossett said, "I will knock your b—head off"—I did not say that before the Magistrate; Sargeant did—he told me he did—I never said that the prisoner was black in the face; he asked me just now whether he was, and I said I believed he was—I was there when the polioeman came up—I did not hear the prisoner say he would poke all their eyes out—I did not hear him use any bad language at all.
—SARGRANT. I was with the last witness on 8th April—I saw the prisoner in the Castledon Road—he was a little way ahead of us—we were going home, and as we passed him he came against me—I said, "Hold up, old fellow!" and he said, "All right, I live just by here"—I said, "Just past the Mariners?"—he said, "Yes"—he was neither sober nor drunk—when we got to the Mariners, he said, "Will you have a glass of ale?"—he gave me 6d., and we went in and called for the ale—he came in after, and began drinking—he said to Fossett, "I have just left your pal"—Fossett said, "I have no pals; if you come to poke fun at me I will break your head"—Fossett took him, and shook him against the tap-room door, and beat him shamefully—the barman said, "I should like one of you to give him a good hiding"—Mr. Davis said, "Throw the beast out?" and he took him and shoved him into the road—Fossett ran out after him, and went to hit him—the prisoner put up his umbrella to stop the blow and it went into Mr. Fossetts eye—Harris ran out and laid bold of him, and the potman put him in the gutter, and began beating him about the head—the prisoner called out, "Police!"—the policeman came up, and Davis gave him into custody for poking the man's eye out—he was taken to the Hackney police-station—he went quietly—the constable would not let us into the station, and the inspector said, "Let those men be"—we went up to the Magistrate afterwards.
Cross-examined. Q. From the commencement till the constable came up the prisoner made no resistance at all? A. No—the poke in the eye was given before the prisoner was rolled in the gutter—I am quite sure of that—I have not talked this matter over with the last witness, Drake—we had no conversation as to our evidence—I did not hear the prisoner use bad language—he did not say that he would knock all their b—eyes out—I must have heard it if he had said it—Fossett ran on to the umbrella as he went to strike the prisoner, and it went into his eye—he was not flourishing the umbrella about when the constable came up, he was lying in the gutter—he held the umbrella straight at the man's head, when he went to strike him—Fossett held him by the collar till he was black in the face.
GUILTY . of unlawfully wounding.— Eight Months' Imprisonment.
BARRY PLEADED GUILTY .— Twelve Months' Imprisonment.
MESSERS RIBTON. and WILLIS. conducted the Prosecution; and MR. MONTAGU.
WILLIAMS. the Defence.
ROBERT CHILD . (City Policeman 282). On Sunday evening, 25th April, about 8.30, I saw the prisoner Sheen in Charterhouse Street—she appeared to have something heavy under her shawl—I stopped her, and asked her what she had got—she said, "Come home with me and see," and tried to pass on—I placed myself before her—she said several times, "Come home with me and see," but she afterwards said it was flour, which she had got from a girl at a baker's shop in Warwick Lane—I asked her if she knew the name of the person keeping the shop; she said, "No"—I asked her the name of the girl who gave it her, and she said, "Mary Barry"—I took her to the station, and found that she had 27lbs. of flour, in a bag—I then went to 13, Warwick Lane, and saw Barry, in the presence of the housekeeper—I took her to the station, and took her into Sheen's presence—I said to Sheen, "Barry says you are a stranger to her, and she has not given you any flour to-night"—Barry then said, "I do know her, I gave her eight quarterns"—she said, "Six of the quarterns I shook out of the paper bags, and two of the quarterns are in the paper bags, as I placed them"—I found that was so—I found two paper bags amongst the flour, with Mr. Adamson's name and address upon them—I asked what she did with the six empty bags, and Sheen said, "She burnt them"—Barry said, "I meant to pay for the flour"—I said, "What did you mean to pay?"—she said, "2s. 8d."—I asked Sheen if she had any flour or paper bags at her lodgings belonging to Mr. Adamson—she said, "No" repeatedly—we gave me her address, "13, Tindal Buildings, Gray's Inn Road—I went there and searched her room—I found another bag similar to the one she was carrying, 24lbs. of flour, and amongst that a paper bag with Mr. Adamson's name on it, and also two half-quarterns of flour under the bed, with Mr. Adamson's name on the bags—I went back to the station, and told Sheen what I had found, and she said, "I bought the flour at a mill, I forget the name of the mill, or where it was"—I said, "There are some paper bags with Mr. Adamson's name and address upon them"—she then said, "I may as well tell you the truth: Barry brought it to me last evening"—I found at Sheen's lodgings the materials for six new dresses—I told her of that, and she said they belonged to Barry.
Cross-examined. Q. In point of fact, it was through Sheen that you went to Mr. Adamson's? A. Yes—I heard Barry say at the Police Court that she gave Sheen the flour for making the dresses, instead of paying her with money.
JAMES ADAMSON . I am a baker, at 13, Warwick Lane—Barry was in my service in April last—the bags which the flour was put into are mine—this flour is the same quality I sell—the bags are all mine—Barry had no authority to sell or give away any flour—she had no business in the shop, except to clean it—I never saw Sheen till I saw her at the station.
Sheen received a good character.
GUILTY .— Six Months' imprisonment.
MR. COLLINS. conducted the Prosecution.
JOHN MAJOR . I am a manufacturing chemist, at 9, Old Montague Street, Whitechapel—on Saturday, 24th April, about 8.15, I was going along Fenchurch Street—I had a gold watch and guard on—as I was crossing Billiter Street, I saw the prisoner standing there—he rushed at me, and caught hold of my chain—it broke into four or five different pieces, and he ran off with part of it—there were two men at the corner of the street, and when I chased the prisoner, they tried to stop me—a gentleman stopped the prisoner at the top of Billiter Square—I did not lose tight of him only as he turned the corner—I am sure he is the man—the pieces of my chain were found afterwards—I was close behind him when he turned the corner, and I saw the same person running when I turned it.
FRANK HUNTER . (City Policeman 804). About 8.30, on this Saturday, I was in Lime Street Square—I went to Billiter Street and found the prisoner, held by someone—the prosecutor charged him with stealing his chain—he said he was innocent, but did not wish to give his address, on account of the disgrace on his parents.
JOHN RUDDICK . (City Policeman 734). About 8.30 I was coming down Billiter Street, and saw the prisoner in Hunter's custody—I went to the corner of Billiter Square, where he was stopped, and found, in an area there, these two pieces of chain (produced)—I went to the station, and then to the corner of Billiter Street, and found these two pieces of chain on the kerb stone.
Prisoner. I did not have anything to do with it.
JOHN MAJOR . (re-examined). These pieces of chain are mine—the prisoner was stopped first in Billiter Street, but the two other men released him—he went on to Lime Street Square, where he was stopped again.
Prisoner's Defence. I was up Billiter Street. I heard a cry of "Stop thief!" as I got to the top. I saw a scuffle. I went down Fenchurch Street, and ran across into Lime Street Square. A gentleman says, "Oh, you are the one, I will hare you," and I ran across the square. I know nothing about it.
GUILTY . *— Twelve Months' Imprisonment
DENNIS PLEADED GUILTY .
MR. MOODY. conducted the Protecution.
RICHARD ROLF . (City Policeman) On Saturday, 3rd April, about 1.30 in the day, I was at the top of Ludgate Hill, and saw the two prisoners and another man not in custody standing together—a lady came along, and they followed her to Wolfe's, the confectioner's, in St. Paul's Churchyard, Dennis and the man not in custody going a little ahead of Bray—the lady went into Wolfe's, and purchased a bun—she took some money out of a bag she had on her arm to pay for it—the prisoners were waiting outside, talking together—when the lady came out the three followed her on to Hitchcock's, in St. Paul's Churchyard—while she was looking in at the window there, Dennis and the other man went close to her, Bray was a few yards behind, looking about—Dennis tried to open the bag she had on her arm—they did
nut succeed, and went on to Cannon Alley, a little further up—Bray went on the lady's right side, and Dennis and the other man on her left—Bray pushed the lady on the right side towards Dennis and the other man—Dennis put his left hand under his right arm, and undid the bag by the spring—he took out this bag, put it in his pocket, and ran away with the other man—I ran up, and the lady said, "I have been robbed"—she accused Bray of it, and he began to turn out his pockets, and said, "I am not the man"—I took him into custody, and sent another man after Dennis—I took him to the station—Dennis was there when I got there—Dennis said he lived in St John Street, and Bray at Gardener's Lodging House, Golden Lane—I told Dennis I should go and inquire—he said, "You have no occasion to go to my address, for I don't live there; I live with Bray"—Bray said nothing.
Bray. Q. How far were you off when Dennis opened the bag? A. About four yards—you were about two yards from the other two—I did not go to Dennis's place; he said it was false before I left the station.
SIDNEY WILDEGO . I live at 18, Nelson Street, and am a gas fitter—I was with Rolf, and by his directions went after Dennis—I took him in Edward Street, put my hand in his pocket, and took out this canvas bag (produced)—I gave him in charge to a constable, and gave the bag to Rolf.
CHARLOTTE COLE . I am the wife of Joseph Cole, of 126, Camden Road—I was in St. Paul's Churchyard on this afternoon—I felt a push against me, and then missed my purse—it contained 5l. 1s. 1/2 d.—I saw it safe within two or three minutes before, when I went to purchase a bun—I took out the canvas bag then—anyone could have seen it—this is the bag (produced)—I did not see anyone take it.
Bray's Defence I was not with Dennis, and he never said he was living in the same house with ma I know nothing about stealing the bag. I am innocent.
DENNIS was further charged with having been before convicted.
JOSEPH KING . I am warder at the House of Correction—I produce a certificate (Read: "September, 1868, George Denney, convicted at Clerkenwell of stealing a coat, imprisoned four months")—Dennis is the same man—he was under my charge—I knew him before, and have known him since.
GUILTY. **— Seven Years' Penal Servitude.
BRAY was also charged with having been before convicted in March, 1866, to which he
PLEADED GUILTY. **— Seven Years' Penal Servitude.
MR. PLATT. conducted the Prosecution; and MR. LEIGH. the Defence.
SARAH SAUNDERS . I am the wife of Thomas Saunders, of 137, Cleveland Street, Fitzroy Square—the prisoner is my brother-in-law—I was present when he married my sister Elizabeth Abel, at St. George's, Hanover Square—she was a widow at that time—she is alive now—I saw her a few minutes ago—they seemed to be pretty comfortable for two yean—he seemed to be a good husband—after that I did not see much of them.
Cross-examined. Q. He was a very good husband? A. Yes, for two years—I always thought him a nice sort of a man—she had her faults, I think—there were a great many faults—she got into debt.
MARY ANN SMITH . I live at 15, Brunswick Place, Ockendon Road, Islington—on 5th April, 1869, I was married to the prisoner at the Registry Office, at Islington—I had known him for five years—I knew he was a
married man, and that his wife was alive, I had seen her a short time before—I was persuaded to marry him by my friends.
Cross-examined. Q. Did you know he had been separated from his wife I A. No, I did not—I knew his wife—I told her once that I was going to marry him—there was no arrangement between us to get him into trouble—I did not talk to the prisoner much about his first wife—he did net with her name to be mentioned at all—he told me she was alive.
HERBERT STAMMERS . (Policeman N 4). I took the prisoner on 28th April—I told him he was charged with marrying Mary Ann Smith, his wife being alive—he said nothing then—at the station he said he was very sorry, his first wife drove him to do it—the second wife gave him in custody—I have a copy of the certificate from the register, and I have compared it with the book—(Read; "October 30, 1859. Pariah of St. George's, Hanover Square. Alfred Beaumont, batchelor, and Elizabeth Abel, widow, married by banns by me, H. B. Whalton"—" 1869, 5th April." "Marriage solemnized at the Registry Office, Islington, between Alfred Beaumont, batchelor, and Mary Ann Smith, spinster, before me, William Henry Pullen, Registrar."
GUILTY .—Strongly recommended to mercy by the Jury.— One Months' Impriionment.
FREDERICK STARKKT . I am a wholesale stationer, of 27, New Bridge Street—on 21st January, the prisoner came in—I knew him previously, as being in Mr. Newberry's employment—he brought me an order for two reams of paper—the value of that would be 19s. 6d.—my warehouseman served him—on 23rd January he came again, and brought another order for four reams of paper—Mr. Newberry was a customer of mine.
JOSEPH MCCARTHY . I am warehouseman to Messrs. Starkey & Co.—on 21st January, the prisoner came there with an order for two reams of paper from Mr. Newberry—I delivered the goods to him, believing he came from Mr. Newberry as his servant—on 23rd he brought an order for four reams—I supplied him under the same belief—he brought one ream back, which had got damaged, and received another in exchange.
RICHARD LATHAM NEWBERRY . I am a stationer, at 8, Salisbury Court, Strand—the prisoner had been in my employ sixteen years—he left about eight or nine days before he was given in custody—I have examined these orders, they are in the prisoner's writing—I gave him no authority to write them, or to obtain the goods—I have never received the goods.
DAVID HAWKINS . (City Policeman 548). I apprehended the prisoner at 3, Gee Street, Goswell Street—I told him the charge; he said, "It is a bad job, I don't know what induced me to do it"—on the way to the station he said, "I shall give you no trouble; I pawned the paper immediately I got it; if you go to my house, 27, Salisbury Street, New North Road, you will find the whole of the tickets and invoices in a box"—I went, and found forty-nine duplicates—I went to the pawnbroker's, and got the property, which the prosecutor identified—he said at the Police Court it was sheer poverty which drove him to it.
Prisoner's Defence. I am very sorry; it was through poverty. I never had these things with the idea of defrauding Mr. Starkey of any part of them.
GUILTY .— Six Months' Imprisonment.
MR. HUNT. conducted the Prosecution; and MR. BOTTOMLT. the Defence.
ROBERT ROACH . I am a boot maker, of 79, Bethnal Green Road—about 12.30, on the night of 6th April, I was awoke by the police—I went down and examined the shutters—I found the edge of the shutter cut—I had seen it about 11 o'clock, it was not cut then.
DAVID ISTED . (Policeman H 77). I was on duty near Mr. Roach's shop, on the evening of 6th April—I saw the prisoner and two others standing there—the prisoner placed his back against the prosecutor's shutters, when persons passed; and when all was quiet he turned back, and I saw him at work—the inspector came up the street, and the prisoner and another man walked into Old Nicholl Street—I walked up and caught bold of the prisoner—he had a jemmy up his arm, and when I caught him he threw it in the road—I took him to the station, and found this clasp knife on him (produced)—I examined the shutters, and found they had been cut recently, and loosened from the bar.
Cross-examined. Q. What time was it when you first saw the prisoner? A. At 11.50—the three men were in front of me—I watched them from the opposite side of the street, about twenty yards off—there was a lamp right opposite the place—when anyone came past, the prisoner turned his back to the shutter, and when they had passed he turned to it again—he was dressed as he is now—I was in a doorway—when I walked up they went away from the shutter, and I went up to see what had been done—I ran after the prisoner, and caught him about twenty or thirty yards from the shop, walking round the next street.
GEORGE COOPER . (Policeman H 89). I was with Isted, and saw the prisoner and two others go to the shutters, at about 12.30—they ran away when we went up—I saw Isted follow the prisoner, who threw a jemmy away; I picked it up in the road.
Cross-examined. Q. You say they ran away? A. Tee—round one street, and we met them—we watched them about ten minutes—the inspector came up, and they ran away—Isted caught one of them, but the others got away.
The prisoner received a good character.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution.
CATHERINE JANE MACK RICHARDSON . I am a widow, and live at 22, Aberdeen Place, Maida Hill—about 12.45, on Friday, 23rd April, I was in Aberdeen Place, close to some Mews—I had several parcels under my arm—I also had a purse containing 15s., and a gold pencil case—Burke came up to me suddenly, and began scratching the fingers of the hand which the purse was in—I struggled with him, and he twisted my arm round—it was very painful, and 4 thought my arm was broken—I screamed for assistance—Smith was close at my right elbow; I called to him, but he did not help me—Burke got the purse away, and ran down the Mews—Smith shot past me and ran after him—my arm was bruised and very much swollen—I pursued them, calling "Stop thief!" and I saw Smith taken.
Smith. I never touched the lady at all.
ALEXANDER PEDDER . I live at 1, Montague Place, Whitechapel—about 1 o'clock, on 23rd April, I was in Aberdeen Place—I saw Smith at the corner of Lion Mews, and Burke stood against the wall—the lady was passing by, and Burke seized on her, and took the purse out of her hand—she struggled with him, but he got away, and ran with Smith down the mews—I was on one of the Romford Brewery vans—I picked up the lady's parcels, and followed her till Smith was caught—Smith was ten or twelve steps away when Burke took the purse—I saw Smith run up, he did not touch the lady—I heard her call out—I am almost sure they are the two men—I am sure it was Burke's clothes, but I did not see him well enough to swear to his face—I am fifteen years old.
WILLIAM PKNGELLY . I live at 37, Upper Carlisle Street, and am a plasterer—I was outside a beer-shop in Aberdeen Place, and heard the lady scream for help—I saw the two prisoners run down the mews—Burke first, and Smith behind—Mr. Pane was following them—I saw Smith caught, and ran after Burke—I am sure they are the two men—I picked Burke out of a dozen men the next day.
FREDERICK EVANS . I live at 13, Little Queen Street—on 23rd April I was at the corner of Lion Mews, Aberdeen Place—I saw the two prisoners run down the mews, and halloaed out "Stop thief!"—Mr. Pane was running after them—I am sure the prisoners are the men that ran down the mews.
Burke. Q. Did you notice the chap's clothes? A. Yes—he was dressed the same as you.
EDWARD PANE . I live at 9, Upper Carlisle Street—I was in Lion Mews on this day, and saw the prisoners run down—I did not see Burke's face, but he answers the description of the man that was running in front of me—he was put with others, and I picked him out—I first asked the inspector to turn him round, and then I was satisfied—they were young men about their own age they were placed with.
GEORGE ADAMS . (Policeman D R 38). I took Smith, on 23rd April, in Upper Carlisle Street—I charged him with being concerned with another, not in custody, in robbing the lady—the lady was present, and gave the charge—he said he did not put a hand upon her.
GEORGE MADGETT . (Policeman L 74). I apprehended Burke about 1 o'clock on 24th April, in the Euston Road—I charged him with being concerned with another in robbing a lady in Aberdeen Place—he said "I know nothing about it"—he was placed with a lot of other men, and picked out by the witnesses.
The prisoners Statements before the Magistrate. Smith says: "I heard the lady call for help, and if I put out my hand I was afraid she would think I wanted to rob her." Burke says: "There is a man named Rolf very like me. I did not take the lady's purse.
NOT GUILTY .
OLD COURT.—Thursday, May 6th, 1869.
Before Mr. Justice Byles.
487. ISAAC CHAMBERLAIN (68), CAROLINE JUDD (44), and ANN HUTCHINSON (58), were indicted for feloniously forging and uttering a transfer of stock of 2194l. 4s. 6d., in the Bank of England, with intent to defraud.
MR. J. B. MAULE, Q. C., with MR. STHAIGHT, conducted the Prosection; MR. DIGBY SEYMOUR, Q. C., with MR. MONTAGU WILLIAMS. and MR. LUDLOW, defended Chamberlain and Judd, and MR. METGALFE. appeared for Hutchinson.
WILLIAM THOMAS SUFTOLK . I am a clerk in the Consolidated Three per Cent. Office of the Bank of England—it is my duty to attend the persons who come to the Bank to make transfers of stock, and to attest their execution—on 5th October, 1866, a person named Isaac Chamberlain came to the Bank, to transfer some Consols—I find an entry in this transfer-book (referring to it), of a transfer of 2194l. 4s., 6d. Consols, from Isaac Chamberlain to Mary Ann Chandler, of St. Andrew's Street, Hertford, spinster—prior to the transfer being executed, a transfer ticket is made out—on 14th April, 1869, I took this ticket out of the box on the counter—these tickets are left in the boxes by brokers' clerks, or anyone, and we take them out as we want them (Ticket read: "Bank of England, 14th April, 1869. From Mary Ann Chandler, St Andrew's Street, Hertford, spinster, 2194l. 4s. 6d., Consolidated Annuities, to Caroline Judd, wife of Henry Judd, of Porthill, Hertford, gentleman")—I compared that ticket with the Consolidated Three per Cent ledger, and found it corresponded—I then placed certain figures on it, the folio of the account, and my initials, to show that it was all right, and that the sum was more than 2000l., with a reference to another signature that I had searched for—I then shut it up in a book, and leave it to be entered by another clerk.
Cross-examined by MR. DIGBY SNYMOUR. Q. There is a form of acceptance, is there not, to be signed by the transferee? A. There is; I hare it before me; it is not filled up—Mary Ann Chandler did not sign as accepting the transfer of October, 1866; that is wholly optional—I can't say whether she attended with Chamberlain on that occasion; I cannot remember the persons—the sum was 2194l. 4s. 6d. on 5th October, 1866; I can't say how long that had been accumulating; I have no memorandum beyond the year 1863, when the present ledgers commence; it had been augmenting from time to time; from 1863 the money always stood in Chamberlain's name, the sums were paid in by him, and the dividends received by him—on 1st June, 1863, the amount was 497l. 18s. 6d.; that was the amount brought in from the former ledger; the next addition was on 20th April, 1865, 384l. 2s. 6d.; on 1st March, 1866, 154l. 9s. 6d.; and on 7th June, 1866, 1157l. 14s.; making altogether, 2194l. 4s. 6d. standing in Chamberlain's name up to October.
Cross-examined by MR. METCALFE. Q. Stock may be transferred either by the person who owns it, or by a person authorized by a power of attorney? A. It may; the person so authorized would sign his or her own name as attorney for her constituent, not the stockholder's name; that is how it ought to be done, he has no right to sign his own name without stating he is attorney—we do not recognize any form except a regular power of attorney—it is not usual to sign the name, "Mary Ann Chandler," by so-and-so, attorney; we should object to it, and make the person sign over again; I should not allow it—I can't say that it has been done—the powers of attorney are bound, and kept for reference; not with the transfer, separately, but with a reference to it.
JOHN HEAD SHEPPY . I am a clerk in the Consols Office, Bank of England—it is part of my duty, from the transfer tickets to fill up the form of transfer—I filled in this form of 14th April, 1869, in this transfer
book (produced)—I made that entry from this ticket—it is a transfer from Mary Ann Chandler, of St. Andrew's Street, Hertford, spinster, of 2194l. 4s. 6d., to Caroline Judd, wife of Henry Judd, of Port Hill, Hertford, gentleman, and it is signed "Mary Ann Chandler"—that is the alleged forgery—the number of the transfer in the book is 7508; that is a reference to the number-book—when I have filled up the spaces, I leave the transfer-book on the counter for the parties interested to come and execute.
FREDERICK INGALL , I am a clerk in the Consols Office, Bank of England—on 14th April last, I found the transfer-book on the counter—my attention was drawn to the transfer No. 7508, for 2194l. 4s. 6d.—I saw Mr. Pittard, clerk to Mr. Hewkley, the stockbroker, there—he was accompanied by the three prisoners—Mr. Pittard identified Hutchinson as Mary Ann Chandler, and, in the presence of the three prisoners, he asked for the transfer to be made; and they went to the transfer-book, and I saw Hutchinson sign it—I received this stock receipt from Mr. Pittard, for 1l. 7s. 6d.—I compared the signature on the stock receipt with the signature in the dividend-book; and in consequence of that comparison, I made a communication to Mr. Ballard, but first to Mr. Innes, the deputy principal, and handed him the stock receipt.
Cross-examined by MR. DIGBY SEYMOUR. Q. I observe this is a transfer to Caroline Judd, the wife of Henry Judd? A. Yes—when a transfer is made to a married woman, as such, I should not re-transfer it without the consent of the husband, nor pay her the dividends without the husband's receipt.
JAMBS BALLARD . I am the principal of the Consolidated Three Per Cent office, Bank of England—on 14th April last a communication was made to me relative to two signatures that had been compared—I went to the counter, where I found Mr. Pittard and the three prisoners, and this book lying before them on the counter, as it is now, executed in the name of Mary Ann Chandler—I said, "My attention has been called to a discrepancy in the signature of the person transferring the stock to that of the person who has received it," and I asked for an explanation; Mrs. Judd replied, "Oh, I have been accustomed to receive the dividend at the request of my sister, "Pointing to the prisoner Hutchinson—I then said, "You will excuse my using the right term, but, without perhaps a fradulent intent, you have committed forgery"—Judd said, "I am sorry if I have done wrong; but I always took the money to my sister," and Hutchinson made a gesture of assent—I then referred the matter to the chief accountant, and obtained his sanction that the Bank should have a discharge by the prisoner Hutchinson, for the dividends that had been erroneously received by Judd—I got the former dividend warrants, there were five; the name of Chandler, as signed to them by Judd, was to be struck out, and signed again by Hutchinson; the then assumed Chandler—I communicated to the prisoner that that course was to be pursued, and gave instructions to Mr. Simons to carry it out, and it was carried out.
Cross-examined by MR. DIGBY SETMOUR. Q. If I understand you aright, five previous receipts for dividends had been signed by Judd, in the name of Mary Ann Chandler? A. They had, in the name of Mary Ann Chandler—I have no idea whether she was alone when she received them, or whether Chamberlain was with her—I had it from Judd herself that what she had signed was not her own name; and after consulting with the chief accountant,
I caused the name to be struck out by her—I did not think that in so doing I was striking out the evidence of a felony, because there was no fraud.
ARCHER SIMONS . I am a clerk in the Dividend Office of the Bank of England—a person applying for a dividend comes to our counter, we refer to the dividend-book, and the warrant is already prepared, and we give the warrant after the dividend-book has been signed—on 14th April last I saw the three prisoners at the dividend office—I produced to them the dividend-book for January and July, 1868, and January, 1869, and these three warrants for those dates—the name of "Mary Ann Chaudler" upon them was erased by Judd, under instructions that I had received from Mr. Ballard, and Hutchinson then wrote the name of "Mary Ann Chandler"—this is my attestation to her signature—she also signed the name of Mary Ann Chandler in the dividend-books—Chamberlain was present when this was being done—he said they did not intend to commit a fraud, or words to that effect.
Cross-examined by MR. DIGBY SEYMOUR. Q. How many dividend warrants were produced that day? A. Under my direction there were only three, January, 1868, July, 1868, and January, 1869—I have no means of knowing whether Chamberlain called with Judd when she received them.
MR. MAULE. Q. I believe the course is this: the owner states to the clerk his name and the amount of stock standing to his credit? A. Yes, the clerk seeing that is correct hands the warrant to him—there is a blank opposite the name, which is signed by the person claiming the warrant, and the clerk attests the signature—the warrant is then taken to the cash office, and the money received—nobody is recognized in the transaction, except the principal party, who receives the warrant.
GEORGE HEWKLEY . I am a stockbroker, carrying on business at 10, King's Arms Yard—some time prior to the present year, I had done business as broker for Chamberlain, and made purchases of consols for him—I was aware that he was the owner of a certain amount of consols—in October, 1866, he came to me to make a transfer of stock from his name to that of Chandler—he brought Mary Ann Chandler with him—it was the transfer of a sum of 2194l. 4s. 6d.—that was effected, and the sum went in to the name of Mary Ann Chandler—in the beginning or middle of the following year, 1867, I saw Chamberlain again with respect to the re-transfer of this sum back to his own name—I can't call to mind whether he was alone then, or with someone—I am not certain what month it was in, it was prior to October—he produced the stock receipt of Mary Ann Chandler, relating to the transfer of October, 1866, and requested that it might be returned to his name—I asked if he had brought Mrs. Chandler—he said no, he had done it without her aid at the bank in the first instance, and he did not see why he should not return it into his own name without her aid now—I said, "But this is exactly opposite to what I directed you in the beginning. I cautioned you about this, that you should never want it from her name again; that you would never have dominion over it"—he seemed to be very surprised; he hesitated for some time—I was in a hurry at the time, and just as I was about going away, he stopped me, and said, "Well, but could not someone else do it for Mrs. Chandler"—I said, "Yes, certainly, if you will get her to sign a power of attorney"—that ended the interview—I had business, and I was obliged to run over to the bank—I saw him again on 17th October, 1867, when this slip (produced) was prepared—the body of it is in my writing—I prepared it at Chamberlain's dictation or request—by
the time I had written it in full, my clerk, Mr. Pittard, made a private communication to me—Mrs. Judd was with Chamberlain on that occasion—I don't think she said anything, nor did Chamberlain say anything about her—I had received instructions from Chamberlain to take the stock out of Mary Ann Chandler's name, and put it into his—this is our instruction ticket from ourselves to the Bank of England—it is a form we receive from the Rink for that purpose—(Read: "Bank of England, 17th October, 1867, from Mary Ann Chandler, of St. Andrew's Street, Hertford, spinster, 2194l. 9s. 6d. Consolidate Three per Cent Annuities to Isaac Chamberlain, of Stanley Street, Hertford, herbalist, an old account"—I filled that in from Chamberlain's instructions—after Mr. Pittard had made the communication to me, I asked Chamberlain if Judd was Mrs. Chandler—he said, "Well, no, she is my sister"—I told him she could not anyhow do the business, he must bring the right person—I said, "I don't know what motive you have in bringing her, but if you really have brought her from any offence with the person, if it is really your property, you must go back and advise the person that you will give her a portion of the property, or even up to one half of it"—that ended the interview—he left, and that slip was never carried forward—on 14th April last, he came again, with the other two prisoners, Judd and Hutchinson—to the best of my recollection, Chamberlain then said that Hutchinson was Mrs. Chandler; I believe he did—he gave me the stock receipt, and said he had now come to have the stock transferred—I asked him to whose name he would have it transferred, into his own name?—he said, "No, into my sister's name"—I had to take the name down in full, "Caroline Judd," wife of so-and-so—I did that, and this ticket was prepared; the upper part of it is my writing, the lower part is my clerk's—the two female prisoners had occasion to leave, and during their absence Chamberlain was left alone with me—I then asked him particularly if he had made it all right with Mrs. Chandler, and he said he had; he had even built her a house, and settled 60l. a-year on her—the two women returned—nothing was said while they were there, to my knowledge—before they had left, Mr. Pittard and I made a comparison of the signature of Mary Ann Chandler with that on the receipt; they were alike—the prisoners ultimately left, with Mr. Pittard., to carry out the business.
Cross-examined by MR. DIGBY SEYMOUR. Q. In your communications with Chamberlain, did you find him somewhat illiterate? A. Yes—when he called on me about the transfer in October, 1866, he intimated that he was in trouble—he did not state the charge to me—when he called in April or March, he gave me to understand that he had been acquitted of the charge a short time previously; he did not say when, and he wished to have the stock re-transferred—I conveyed to him that it was necessary he should have a power of attorney from Chandler—it may be that I did not use the word "attorney"—the communication which Pittard made to me, with reference to the identity of the parties, was made privately; the prisoners could not tear it—when I asked if Mrs. Judd was Mrs. Chandler, Chamberlain at once said, "She is my sister"—I acted as broker for Chamberlain in 1859—he instructed me to make a purchase of consols—he brought the money himself—he came to me several times between 1859 and 1863, and made several purchases.
ALFRED PITTARD . I am clerk to Mr. Hewkley—on 17th October, 1867, Chamberlain and Judd came, and Chamberlain gave instructions to make the transfer—on 14th April last, I saw the three prisoners at Mr. Hewkley's
office—I saw Hutchinson sign the name of "Mary Ann Chandler" at the foot of this stock receipt—she said nothing to me as to whether she was or was not Mary Ann Chandler—I compared the signature with that of Mary Ann Chandler in 1866 in our rough-book—I ultimately went with her to the Bank of England, and identified her there.
HENRY WEBB . (City Detective Sergeant). On Monday, 19th April, I went with Mr. Pittard to St. Andrew Street, Hertford, and took Chamberlain into custody—he was in his shop—I told him that I was an officer from London, and that I held a warrant for his apprehension for forging a transfer of stock to the amount of 2194l. 4s. 6d., standing in the books of the Bank of England in the name of Mary Ann Chandler—he said at first, "I know nothing about it"—he then said, "Well, there was a transfer, but it was no forgery; it was my own money, and I have a right to transfer the stock. Miss Chandler is a woman that I have been living with for twenty-two years, and she told me that I might go and do it"—I asked him who the women were that went with him, and said, "One was Mrs. Judd, was it not?"—he said, "Yes, my sister"—I said, "Who was the other woman?"—he said, "I don't know as I shall tell you; I don't know her, I never saw her before; I don't know where she lives, she is a woman I picked up in the streets of London"—I said, "That wont do for me; where is the receipt of the stock?"—he then unlocked a drawer, produced this receipt, and gave it me—he said his sister had received the dividends, and that Miss Chandler had told her to do so—the prisoner Judd then came into the room, and Chamberlain said to her, "Here is an officer from London to apprehend us"—Judd said "What for?"—he said, "For forging the transfer"—I then said to Judd, "Who was that woman that went to the Bank with you?"—she said, "I don't know anything about her; I don't know her; I am not going to get anyone into trouble"—Chamberlain then said, "Well, we have got into trouble, and I shall tell you all about it"—Judd said, "Don't be a fool; don't get the woman into trouble"—Chamberlain said, "We have got into trouble; the woman's name that went with us it Hutchinson, and she makes pill-boxes for me, and has for the last fifteen years; she lives at 103, Bethnal Green. What do you want? will you have the dividends?"—I said, "Yes, give me the dividends"—he then opened a drawer, and took out 30l. in gold, 25l. in silver, three 10l. notes, and four Egyptian bonds for 100l. each—he said, "Well, now, you take those; you won't take me"—I said, "I shall take both"—he said, "I shan't go unless you send round to Miss Chandler; I will tell you what I will do, if you like: I win transfer all the stock back again standing in the Bank of England, and then you won't take me"—he said, "I have sent round to Miss Chandler a letter offering her marriage"—at that time a woman came into the room with a letter in her hand—Chamberlain took it from her hand, and gave it to me, and said that was the letter he had sent round to Miss Chandler (Read: "Dear Mary. I am very unhappy, and I can't understand why you left me in this way, unless it was on account of taking in another; but it is no such a thing, for I see the evil—that is all done with, I will take my oath; and if you will come back again I feel sure we shall end our days in happiness, and am willing to be married to you any minute, and sister is willing too. Do send me an answer as soon as possible by Mrs. Stevens, as it lies between us and God, and am willing to agree to anything you want." The letter bore no signature or date)—I then took him into custody, and brought him to London.
Cross-examined by MR. DIGBY SEYMOUR. Q. I believe he is verging upon seventy? A. I believe he is—I have ascertained that he has lived a great number of years in Hertford, and is very much respected—I had told him the charge and read the warrant to him before he told Mrs. Judd it was for forging the transfer.
JOHN MARK BULL . (City Detective Sergeant) On 20th April I went with Mr. Pittard to 103, Hare Street, Bethnal Green, where I found Hutchinson—I told her the nature of the charge—she said she had done it to oblige Mr. Chamberlain, she had known him a number of years, she did not think there was anything wrong about it, if there was, she wished he had got somebody else to have done their dirty work—she produced this letter, and said that Mrs. Judd's son had brought it. (Read: "Dear Friend. Have ready a lot of paper boxes by Wednesday, as my brother and I shall be in London, and shall want you to go with us early on Wednesday morning; the old woman would come herself, but is too ill. She has signed the papers, and knows that he is going to get the money, so there is no fear. I have left London and am living here. Excuse the paper and scribble, so no more at present from your well-wisher, Mrs. Judd, Port Hill, Hertford." No date).
MART ANN CHANDLER . I am sixty-three years of age—I have lived with the prisoner Chamberlain for twenty-three years—I lived at St. Andrew Street, Hertford, with him for a long period—I came to London with him in October 1866, and went to Mr. Hewkley's and had the stock transferred to me—I did not receive any of the dividends upon it after that—I never authorized anyone to receive them on my behalf—I know Judd; she is Chamberlain's sister—I don't know that Hutchinson is any relation of theirs—I know they were acquainted—no application was made to me by Judd or Chamberlain to attend to transfer this stock back to any other name; the matter was never mentioned to me at all—I am certain of that—it was never mentioned to me that I should go and transfer it—I never authorized anyone to go and make the transfer in my name—no one ever asked me for my authority to do so—I did not go to the Bank of England in April last, or direct anyone to go—I never was at the Bank of England to do any business—I believe on that day in April I was very ill in bed—I know Mr. Prance—I did not accompany him there, only after the forgery was committed; I went with him about the stock very lately.
Cross-examined by MR. DIGBY SEYMOUR. Q. How came you to hear of Mr. Prance? A. By being advised to him—some friends of mine spoke to me about him—they did not tell me that if I employed him I might be able to make terms, and get a portion of the stock for myself, or get 12s. a week—it was a person of the name of Perry who spoke to me about Mr. Prance—he was not consulted about putting the stock in the name of two persons, I to have some benefit in it, and Chamberlain the rest; I don't understand that—my friends said, if I saw Mr. Prance, he might do something for me; it was to try and get me some portion of the money that Chamberlain had put in the Bank—I can't tell when it was that my friends spoke to me about that—I never spoke to Chamberlain about the money, only the settlement; he said it to me—he would not say what the settlement was that he wished to put upon me; he said he meant to settle something on me out of the money—I don't know when that was; it was not much longer than four weeks before I came to London—he said, if I left the matter to him, he would settle something
upon me, out of the money—he did not say he would go up to London and try to get the matter put right—he said he would settle some upon me—I was very ill at the time, and confined to my bed—I don't know that I was quite friendly with him then—Chamberlain always kept the stock receipts—I gave them to him—I kept the receipt for the 2006l. until after his trial, in March, 1867—I did not hand it back to him as soon as the trial was over; I kept it some time afterwards, and then handed it back to him; he always received the dividends—I never went with him—I knew nothing about the dividends.
COURT. Q. Did you know that this stock was transferred into your name at the time it was done A. Yes—that was just before he was going to be tried—he told me that if he was convicted he should forfeit his money, and he wished to have it transferred to me, in order that he might escape the forfeiture.
MR. JUSTICE BYLES.: "In whom was the beneficial interest in this stock?" MR. MAULE.: "I can give no direct answer to that question; but, supposing Chandler had died while the stock stood in her name, her executors would have been entitled to it." MR. JUSTICE BYLES.: "Not in the Court of Chancery; she was a dry trustee, the purposes of whose trust had terminated" MR. MAULS.: "But the liability of the Bank remained; they would have to make good the stock to those who represented the owner into whose name it had been transferred by a fraudulent act." MR. JUSTICE BYLES.: "They would have been the legal owners of the stock, but nothing more, the beneficial interest would still have remained in Chamberlain; he had got his own stock back again in an irregular and improper manner, which fully justified the prosecution; but the question for the Jury will be whether the intent was fraudulent."
A great number of witnesses deposed to Chamberlain's good character, and several to that of Hutchinson.
NOT GUILTY .
There were eleven other indictments, varying the form of charge, upon which no evidence was offered.
MR. BESLEY, for the prosecution, offered no evidence.
NOT GUILTY .
He PLEADED GUILTY . to a common assault.— Six Months' Imprisonment.
NEW COURT.—Thursday, May 6th, 1869.
Before Mr. Baron Cleasby.
Ten Years' Penal Servitude.
FOURTH COURT.—Thursday, May 6th, 1869.
Before Mr. Recorder.
491. ALEXANDER LEECHMAN, ALEXANDER WALKER , CHARLES CLAYTON, WILLIAM DANIELS, THOMAS STEVEN MORRIS , and FREDERICK FARRAH , PLEADED GUILTY . to unlawfully setting up a lottery, and keeping a room not authorized by Parliament for betting.
To enter into their own recognizances to appear and receive judgment when railed upon.
MESSRS. JOYCE. and WILLIS. conducted the Prosecution; and MR. COLLINS. the Defence.
WILLIAM HIBBETT . I am shorthand writer—I was present in the Court of Exchequer, at Guildhall, on 19th February—I was present during a portion of the trial of "Cogger against the South Eastern Railway Company," before Sir Fitiroy Kelly—I took the notes of her evidence—she was duly sworn—this (produced) is the transcript from my original notes—I have examined it; it is correct—(This being read, stated: that the prisoner, while at Mr. Whalley's house, on 10th August, 1867, only had one glass of Hollands and water; that she was too late for the train at the Blackfriart Station, and went back to Mrs. Whalley's house, and did not go into the Duke of York public-house; that the had nothing while there, and did not remain there an hour.)
MARY WHALLEY . I am the wife of William Whalley, and live at 11, Edward Street, Blackfriars Road—on the day in question the prisoner came to my place, between 4 and 6 o'clock, with Mr. and Mrs. Kidd, and Mrs. Roecliff—Mrs. Kidd is my sister-in-law—my husband had not come home then; they had some schiedam and some gin to drink—the prisoner sent for it—there was a quartern of schiedam—Mrs. Cogger drank the whole of that—that would be two wine-glasses—she took it in warm water—Mr. and Mrs. Kidd and myself had the gin—after that Mrs. Cogger sent out for a quartern more schiedam—she took half of that in some water—I was not there all the time—I did not see whether she had the whole or not—when my husband came home we had some gin—after that we went to catch the 11 o'clock train to Woolwich from Blackfriars Station—we went to the Duke of York on our way—Mr. and Mrs. Kidd and the prisoner were with me—the prisoner went into the Duke of York—she had a half-quartern of schiedam—we went to the train, and found we had missed it, and we had to wait for the midnight train—we went back to the Duke of York—the prisoner was with us—she did not go back to my house—we had some more drink there—I can't tell whether the prisoner had any more—I went home afterwards, and left her at the corner, outside the Duke of York—Mrs. Roecliff and the Kidd went to the station with her—I afterwards heard of the accident.
Cross-examined. Q. This was nearly two years ago? A. Yes, August, 1867—the trial was in February, 1869—we left the house to go to the train about 10 o'clock or a little after—the prisoner was in my house more than half-an-hour—I will venture to swear she had more than a half-quartern of schiedam while there—he had two half-quarterns—can't recollect who fetched it—Mr. and Mrs. Kidd, and myself, and the prisoner were in
the room when it was brought—Mrs. Cogger paid for it—I believe it was Mr. or Mrs. Kidd fetched it—the Kidds are in America now—I did not have any schiedain, nor did Mr. Kidd—we had gin—they were at my house about three hours and a-half—I drank two glasses of gin in the house, and one in the Duke of York—after my husband came home he went for a quartern of schiedam—there was Mr. and Mrs. Kidd, Mrs. Roecliff and young Mr. Roecliff, the prisoner, and myself at the Duke of York—I did not pay for anything—I only had one glass of gin—I had nothing else besides that—I did not eat anything—the prisoner eat a pork pie, that was when we went in first—she did not have anything to eat at my house—I did not go to the train, they started to go, but James Roecliff went and found it had gone, and then went back to the Duke of York—we did not go to the station at all the first time—I remained with the prisoner till a few minutes to 12 o'clock, and had one glass more gin, and then the Kidds and the prisoner left to go by the train.
WILLIAM WHALLEY . I am a compositor, and work at Spottiswoode's—I live at 11, Edward Street, Blackfriars Road—I am the husband of the last witness—on the night in question, Saturday, I arrived home about 5 o'clock, and found the prisoner at my house, and Mr. and Mrs. Kidd, and Mrs. Roecliff—I had never seen the prisoner before—after a time she asked me to get her a drop of schiedam—I got her a quartern; that was It.—I took it in the parlour, and Mrs. Cogger drank my health in schiedam and water, but whether she drank the whole or not I don't know—the others were taking gin and water—they left between 9 and 10 o'clock—I remained at the house after they left, till the next morning—after the prisoner left with my wife, she did not return to my house—when she left the house, I considered she was lively—she was not drunk then; she was decidedly the worse for drink.
Cross-examined. Q. Perhaps in your opinion she was the worse for drink when you came in 1 A. I thought she had been drinking then—I had some gin and water myself—I can't say that I had anything besides gin—my wife drank gin and water, in a tumbler—she came home close on 12 o'clock—she left between 9 and 10 o'clock—I was not in the parlour all the time they were there; I went in the kitchen and smoked a pipe-left the women in the parlour—they seemed to be enjoying themselves; I saw nothing "out of the way."
ELLEN ROECLIFF . I am the wife of James Roecliff, and live in Edward Street, Blackfriars—I was at Mrs. Whalley's house on this night, between 5 and 6 o'clock—Mr. Whalley was at home then—the prisoner was drinking a glass of schiedam aud water when I went in—she hid another glass while I was there—I left about 6 o'clock—I met her again in the evening, between 10 and 11 o'clock, outside the Duke of York—Mr. and Mrs. Kidd, my son, and Mrs. Whalley were with her—my son went to the train, and found it had gone—we all went into the Duke of York—I was with the prisoner all the time—she did not go back to Mrs. Whalley's house—I had some gin and water to drink—the prisoner had a half-quartern of schiedam and water—I did not go with her to the train; Mr. and Mrs. Kidd did—the prisoner was brought to my house after the accident—she walked there from the hospital—she returned to Woolwich on the Sunday evening—when the prisoner left for the train, she had had too much to drink.
Cross-examined. Q. Had anyone else had too much, besides the prisoner? A. Mr. and Mrs. Kidd had been with her all day, and they had all had too
much to drink—I don't think Mrs. Whalley had; she had been drinking gin and water—I had gin; I had one glass in the Duke of York, and I bad one before—that was all I had that evening—when I saw them the second time, they had just come out of the Duke of York—Mr. Kidd took her to the hospital, and from there he brought her to my place—this was between 2 and 3 o'clock in the morning.
JAMKS ROCCLIFF . I am the son of the last witness, and live at 18, Queen's Road, Woolwich—I was in the Duke of York on the evening in question, between 10 and 11 o'clock—the prisoner was there, with Mr. and Mrs. Kidd, and Mrs. Whalley—Mrs. Cogger was in the private compartment, drinking spirits and water—we all left the Dnke of York, and went as far as the station door—I went on to the platform, and found the train had gone—we then went back to the Duke of York—the prisoner did not go back to Mrs. Whalley's house—I left the Duke of York at 11.50—I called for a half-quartern of schicdam, for the prisoner, in warm water—I left her drinking it—she was the worse for liquor then.
Cross-examined. Q. How far is the station from the public-house? A. About twenty or thirty feet—I did not see the prisoner off by the train; I left before she started.
MR. WILLIS. Q. Did your father join you in the Duke of York? A. He came in there when the train had been missed.
JAMES ROECLIFP . (the elder). I am a painter and glazier, at 9, Edward Street—on this night I saw Mrs. Cogger in the Blackfriars Road, opposite the Duke of York, coming from the station—they said they* had missed the train—she went into the Duke of York—I was one of the company—rcy wife, and son, Mr. and Mrs. Kidd, and Mrs. Whalley were there—Mrs. Cogger had some spirits and water—I left between 11 and 12 o'clock, and left her there—she was rather excited.
Cross-examined. Q. Have you been examined before? A. No—I did not live in Edward Street then, I lived at 6, York Street—that is close by—I took half a "go" of rum, cold—we were all drinking—my wife had a small drop of gin and water—I don't know what the others had.
The prisoner received an excellent character.
NOT GUILTY .
OLD COURT.—Friday, May 7th, and Saturday, May 8th, 1869.
Before Mr. Common Serjeant.
MR. STRAIGHT conducted the Prosecution; and MR. SERJEANT SLEIGH. with MR. MONTAGU WILLIAMS. and MR. WARNER SLEIGH, the Defence.
The statement of the prisoner in the Divorce Court, upon which the perjury was assigned, and the evidence in contradiction of it, was of a nature unfit for publication.
GUILTY .— Two Years' Imprisonment.
NEW COURT.—Friday, May 7th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. BRINDLEY. conducted the Prosecution; and MR. WARNER SLEIGH. appeared
for Blundell and Baker, and MR. COLE. for McHugh.
ROBERT CARTER . (Policeman E 117). On 31st March, about 1.40 a.m., I was on duty in Lamb's Conduit Street, in plain clothes, with Chamberlain—I heard someone say, "Don't strike me!"—I saw four men, and ran towards them—I saw Baker strike Riley, and knock him down—he then stooped and felt his pockets, and McHugh stooped as well—Blundell was standing on the other side—we ran towards them, they looked round, saw us, and ran away down Lamb's Conduit Street, up Great Ormond Street, through Queen Square, into Devonshire Street, where I saw Baker pass something to Blundell—I took Baker, and said; "What have you been doing with that man?"—he said, "Nothing?—I said, "You have almost murdered him"—he said, "He owes me some money"—Chamberlain took Blundell—we took them to the station, and shortly afterwards the prosecutor was brought in by a constable in uniform—I said, "Have you mined anything?"—he said, in the prisoner's presence, "Yes, two half-crowns and a tobacco box"—I searched Baker, and in his right hand outside pocket I found this half-crown (produced), and this tobacco box, which Riley identifies—I found other money in his waistcoat pocket, and another tobacco box—I have known Blundell four years, Baker eighteen months, and McHugh eight years, I have been living close to him some years; there can be no mistake about them—I thought Riley was dead, he was speechless, and the street was running with blood.
Cross-examined by MR. WARNER SLEIGH. Q. Was anybody else in the street? A. A man was standing thirty or forty yards off, looking on, and then he went towards the Foundling Hospital—I was five or six yards from the prisoner when they were stooping over Riley—I will not swear that Riley was not standing up in a fighting position—we lost sight of them when they turned into Great Ormond Street—I charged Riley with being drank and incapable—a constable was assisting him—the public-house had been closed more than half an hour—I do not mean to say that I know anything against Baker and Blundell—Blundell is a cab driver—I have seen him on the stand many times.
Cross-examined by MR. COLE. Q. Are you positive you saw McHugh there? A. Yes—I was four or five yards from him when he commenced running—I do not know that I ever mistook one man for another; but I know McHugh well—I did not ask Riley at the station whether he had lost two half-crowns; I had only found one—I swear he said that he had lost two.
WILLIAM CHAMBERLAIN . (Policeman E 163). I was with Carter, and saw the throe prisoners and Riley—we were within twenty or thirty yards of them, and heard someone say, "Don't strike me!"—just at that moment Baker knocked Riley down—we went across the road, and the blood was running across the pavement and off of the kerb—I saw McHugh with his hand in Riley's waistcoat pocket, and Baker with his hand by his clothes—I cannot say whether it was in his pocket or not—we picked Riley up, and ran after the prisoners—they ran up Ormond Street into Queen Square—I took Blundell in Devonshire Street, and said, "I am surprised at your knocking that man down, I do not know that he is not dead"—he said, "It is not me, I have not taken anything; it is not me has got the money, it is the man who has run away"—when Riley was brought to the station, Carter asked him if he bad lost anything—the prosecutor put his
hand in his pocket, and said, "Yes, I have lost a tobacco box and two half-crowns"—I was about to search Blundell, and he gave me a half-crown, a sixpence, and a halfpenny (produced)—as Baker and Blundell ran away, I saw their hands go together, but did not see what was passed—on the Tuesday night I took McHugh, and told him it was for assaulting and robbing a man named Riley, on the morning of the 31st—he said, "I do not know anything about it, I was tumbling into bed at 11 o'clock"—on the way to the station he said, "I was drinking with him in a public-house, I do not know exactly what time it was"—I have known Blundell and McHugh three years, but have not known Baker so long—I am quite sure they are the men.
Cross-examined by MR. WARNER SLEIGH. Q. Did you hear Carter say at the Police Court that Baker put his hand into Riley's pocket? A. He said, "Baker stooped, and felt the prosecutor's clothes"—I say that also—I am not positive whether McHugh's hand went into the pocket; but I believe it did—I was twenty or thirty yards off—I did not see Riley standing up, defending himself—I saw Baker knock him down—I saw his arm go—Riley was bleeding from the back of his head—I knew Blundell as a decent fellow; and when I overtook him I said, "Well, I am surprised at you, Blundell".
Cross-examined by MR. COLE. Q. Are you perfectly positive McHugh is the man? A. Yes—I may in my time have made a mistake as to identity, and have thought I had seen a person before, but I knew McHugh perfectly well.
GEORGE RILBY . I am a plasterer, of I, Ormond Place—on the night of 31st March, or rather the morning, I was drunk—I do not remember seeing the prisoners—I began drinking about 3 o'clock in the day—I do not know what money I had when I began to drink—I had a tobacco-box like this produced, but cannot swear to it, as there is no mark on it.
Cross-examined by MR. COLE. Q. Do you know McHugh? A. Yes—for the last twenty-eight years—he was not drinking with me that evening; but he was in the house, drinking, I am told—I went out on a drunken spree—I do not know how much money I had—I did not intend to get drunk—I said, at the Police Court, "I begun to get drunk at 3 o'clock; I had five or six shillings"—I had left my brother in Lamb's Conduit Street—I was in several public-houses.
MR. BRINDLEY. Q. Had your brother come from sea that day? A. Yes, and he gave me some money; but I do not know how much.
MR. SLEIGH. called
CHARLES LEGG . I am a cabman, of 71, Gray's Inn Road—I was with Blundell, Baker, and Riley on this night, from 11.30 to 12.20, in a public-house, drinking—I did not see the row in the street—I know they had an altercation in the house about paying for some ale.
MR. COLE. called
GEOROE WARREN . I am a shoemaker, of 4, Little Ormond Street—on 31st March, about I am., I was coming down Lamb's Conduit Street, and Saw Riley and some other men quarrelling—they were off the kerb—I did not see McHugh at all—I must have seen him if he had been there—there were five or six people about—two men were on the other side.
Cross-examined by MR. BRINDLEY. Q. Did you see the constables? A. No—I did not see the men run away—no blow was struck, and nobody was knocked down while I was there—it was between Theobald's Road and East Street, some distance from Chapel Street.
BLUNDELL and BAKER— GUILTY .—Recommended to mercy by the Jury.— Twelve Months' Imprisonment
MCHUGH.— GUILTY .—He was further charged with, a previous conviction in June, 1865, to which he
PLEADED GUILTY. **— Two Years' Imprisonment. (Baker received a good character.)
OLD COURT.—Monday, May 10th, 1869.
Before Mr. Common Serjeant.
MR. STRAIGHT. conducted the Prosecution; and MR. SERJEANT SLEIGH, with
The Jury in this case being unable to agree, wen discharged without giving any verdict, and the trial was postponed until the next Sessions.
Before Mr. Common Serjeant.
MR. COLERIDGE. conducted the Prosecution; and MR. PATER. the Defence.
EDWIN DAVIS MOORS . I keep the Railway Hotel, Black heath—on 8th April, a great many thieves and pick-pockets, and card-sharpen were there, and a military row was going on—I served the prisoner with a glass of cooper, and he gave me a Victoria shilling, bad—I gave it back to him, and told him I did not want any more like that, and that I had a good mind to look him up—he said that I could do that if I liked—he put the shilling in his left waistcoat pocket, and gave me another of George I I I. from his right waistcoat pocket—I bent it, it was bad; and I said, "I shall look you np now"—he immediately ran away—my uncle chased him, and brought him back—I gave the shilling to the constable.
Cross-examined. Q. Did you not give him back the shilling after he had said "You can do that if you like?" A. No; before that—I did not tell him it was bad, but I said, "I do not want any such money here"—my uncle is not here.
BENJAMIN JEWELL . (Policeman). The prisoner was given into my custody by the uncle—I charged him with passing bad coin—he said that he had only one piece—I found on him a duplicate, but no money—Mr. Moore gave me this shilling (produced)—he ran up an avenue 100 yards from the house, pursued by the uncle—he could not get out of the avenue.
GUILTY . **— Two Years' Imprisonment.
MR. BISLEY. conducted the Prosecution; and MR. SERJEANT PARRY, with
MR. F. H. LEWIS, the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. HUNT. conducted the Prosecution.
JOHN MORLEY . I am a carpenter, and live at 2, Church Grove, Lewisham—I have been working at some new buildings for Messrs. Bates & Lucus, in the high road, Lewisham—I leave my tools in those buildings—a few days after 6th February, I missed a bead plane, value 4s. 6d., a bevel, value 2s. 6d., and some other planes—I saw the prisoner go into the buildings on Saturday, 13th February—I asked him what he wanted there—he said he wanted the plasterers—I told him they had left work at I—after that I found the prisoner sleeping there on two occasions—these tools are stamped with my name, the bevel and the planes—they were shown to me by the police, and I identified them.
THOMAS BELCHER . (Policeman R 234). On 24th March last, I was called to Messrs. Sharp's, the pawnbroker's, Broadway, Deptford—I found the prisoner there, offering this plane in pledge—he was given in custody.
WILLIAM McMASTER . I am assistant to Henry and Alfred Sharp, pawnbrokers, Broadway, Deptford—this bevel was pledged on 15th February, for a shilling—it is stamped with the name of Morley—I can't say who pledged it—this is the duplicate I gave for it.
CHARLES FOYLE . (Policeman R 337). I was with Belcher when he took the prisoner—as he was conveyed to the station he took out this purse from his right band pocket, and threw it in the river—I picked it out, and found seven duplicates in it, and two other tickets.
Prisoner's Defence. I am innocent of the charge. I bought the duplicates of a carpenter I knew well.
Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. BEINDLEY. conducted the Prosecution.
JAMES COX . I am a labourer, of New Cross, Deptford—on 24th April, about 10.10, I was leaving the Bricklayer's Arms, with my brother William—I was sober—as I left I was struck on the left side of my head, and fell—I did not see who did it, but I afterwards saw the prisoner strike me three times with a piece of iron—I did not know him before—I have not done any work since.
JAMES MORGAN . I live at Tanner's Hill, Deptford—I was at the Builder's Arms, on Saturday night, and saw the prisoner there—he was refused some drink, being drunk—he threatened the landlord, and the potman put him out—he said, "I will do something for you, either when you are going in or coming out"—he was very drunk—he went away for three minutes, came back with a piece of iron, about eighteen inches long, and struck Cox with it.
GUILTY . of unlawfully wounding.— Four Months Imprisonment.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND. and O'CONNELL. conducted the Prosecution; MR. PATER. appeared for lay, and MR. LEE. for Abroms.
MART UPTON . I am a barmaid, at the Castle, Camberwell Road—I saw the prisoners there on 6th April—Lay called for a pot of porter, and gave me a florin; I put it in the till, and gave him change—another barmaid spoke to me, and I looked at the florin, ten minutes afterwards, and found it was bad—there was no other florin in the till—I gave it to Mr. Knight—the prisoner then left the house.
Cross-examined. by MR. PATER. Q. Was there other money in the till? A. Yes—but no other florin—Mr. Knight had cleared it shortly before—he is not here.
Cross-examined. by MR. LEE. Q. Were there not three men charged before the Magistrate? A. Yea—one was discharged.
ANNIB GARRATT . I am barmaid at the Castle—I saw Mary Upton serve the prisoners—after that, Abrams called for a pint of porter, and I served him—he gave me a florin—I bent it, gave it back to him, and told him it was bad—Lay then gave me 2d. for the porter, and said, "You will oblige me by burning this, that no one else shall have it"—I put the florin in the fire, and it melted—they all three left together—I then went to the till, and found a bad florin, the only one there—I spoke to Mary Upton, and it was given to Mr. Knight.
EDWARD PAYNE . I am potman at the Castle—on 6th April I took a cab, and followed the prisoners about a mile—I saw them go into the Palmerston public-house—I got a policeman, after half an hour, and gave them in charge.
Cross-examined by MR. PATER. Q. Did Lay go quietly to the station? A. Yes—but he said that he would not, and he tried to kick up a row with the policeman.
WILLIAM OSBORNE . (Policeman P 306). On the afternoon of 6th April, Payne gave the prisoner and another man into my custody at the Palmerston—Abrams refused to let me search him—I threw him on a form, and while holding him down, he put his hand under the form; I seized it, and found in it this purse, containing four bad florins wrapped up, and one loose, also 13s. 6d. in good silver, and 5 1/2 d. in copper—Lay allowed me to search him after a little hesitation, and I found on him a sixpence and a penny—I received this florin from Mr. Hughes—the third man was discharged by the Magistrate.
Cross-examined by MR. PATER. Q. Did Lay say that he had no money, and asked Abrams to lend him some, which he did? A. Yes; and he said at the Police Court that he received two florins from Abrams, and was not aware they were bad.
MR. POLAND. Q. Did Lay say that he got the florin from Abrams, when you took him? A. No; he gave no explanation then—there was a remand, and after that he made that statement.
Cross-examined by MR. LEE. Q. Did you find a half-crown, two shillings, and two sixpences an Abrams? A. Yes; that was loose in his pocket, not in the purse.
GUILTY .— Two Years' Imprisonment.
MR. LANGFORD. conducted the Prosecution; MR. BROMLEY. appeared for
James; and MR. WILDE, for Bryant.
SARAH ANN LUCUS . I am in the service of Mr. George Clark, at 33, Stoke Newington Green—in the beginning of February the prisoners came about a quarter to 6 o'clock, and James asked if Mrs. Clark was at home—I said "No"—she then asked if Mr. Clark was at home—I said "No"—she then asked if Mr. and Mrs. Clark were pretty well—I said "Yes"—she then asked when Mr. Clark would be at home—I said I expected him in almost directly—James then said they had come some distance, and they would rest a few minutes till he came in—I then asked them into the sitting-room—after they went in there Bryant asked for some water—I went down stairs to get it—I was absent about three minutes—when I came back they were standing up—they drank the water, and said, as Mr. and Mrs. Clark had not arrived, they would call again and see them in the morning, and they went away—when Mr. and Mrs. Clark came home, we missed a time-piece, a pair of gold spectacles, and an opera-glass—I saw them safe just before the prisoners came in—I have been in the service about nine months—I had never seen the prisoners before.
Cross-examined. by MR. BROMLEY. Q. Was it dark at 6.30? A. It was getting dusk—there was no light in the room—I was only with them when they had the glass of water, and when they came in first—I can swear positively to them.
FRANK GATES . (Policeman N R 37). On the afternoon of 5th April, I was in King's Road, Clapham Park, Clapham—I received information and followed the two prisoners, I said, "You must come back to the house where you have just been, "and I took them to the house of a Mr. Marshall—the servant told me they had been there to get a blind man into an institution, and had given her a note and said they would call again—Bryant said, "We are respectable"—I took them to the station, Bryant said they lived at 33, Myatts Road, Camberwell—I went there with Hazell, and found a quantity of duplicates in a little box, on the shelf in the back room.
Cross-examined by MR. BROMLEY. Q. Who did you speak to first when you followed them? A. Bryant—James said nothing—I did not know that James lived in Chester Street, Kennington—I have not been there—I found the duplicates at Bryant's house.
Cross-examined by MR. WILDE. Q. Was there an old man at Bryant's house? A. Yes; a blind man—nothing was lost from Marshall's—I saw the sergeant find the duplicates, I did not find them—I don't know how in, many there were, I did not count them.
GEORGE HAZELL . (Policeman N 32). I went with Gates to 33, Myatt's Road, on 5th April—I found these twelve duplicates in a little box in the back room I went to Robinson's, the pawnbroker, on the 13th, and got
the clock—I asked James where she lived, and she said, "33, Myatt's Road, with Bryant"—she said she made a bed up in the back room.
Cross-examined by MR. BROMLEY. Q. Do you know Jamas' brother-in-law? A. Yes—he came to the station—he said be lived utt 38, Chester Street, Kennington—he did not say that was his sister-in-law's address, or where she lived.
Cross-examined by MR. WILDE. Q. Did Bryant give you her right address? A. Yes—seventeen duplicates were found altogether—there was a blind man at Bryant's house, he said he was her husband—I did not go all over the house—other persons live there.
GUILTY .— Seven Years each in Penal Servitude.
There were other indictments against the prisoners.
MR. HORRY. conducted the Prosecution; and MR. WILDE. the Defence.
JOSEPH GLADMAN . I am a labourer, and live at 30, Richardson Street, Bermondsey—about 12 o'clock at night, on 9th April, I was in the Borough Road—I stopped for a purpose—some men came up to me—one seized me by the throat, one held my hand, and the third held the other hand, and one rifled my pockets—I called out in the best way I could, and a policeman came up—I did not lose anything, to my knowledge—part of my guard was broken—I had had a glass or two, but I knew what I was about—I had never seen the men before.
Cross-examined. Q. Had you been at work all day? A. Yes—I left off at 7 o'clock—I went to King's Cross then, to a private house—I went into two public-houses at King's Cross, and one At Kennington Lane—I was going home when this happened—I never heard a footstep till I was seized—I can't swear to any of the men—I was seized by the throat by one man, and one at each hand, and one at my pockets—I screamed, and they kicked me, and I know no more after that.
DAVID LEMAN . (Policeman M 239). About 1 o'clock on 10th April, I was in Rockinghara Street, and heard a noise, went up, and saw three men rifling the prosecutor's pockets, and the prisoner holding him by the throat on the pavement—the other three men escaped, but I took the prisoner from the prosecutor—he said, "I have lost my watch," but it was in his pocket safe.
Cross-examined. Q. What time was it? A. 12.55 or 12.50—the place was quite quiet—there were four men, not more—the prosecutor was on the pavement, and the prisoner on the top of him—I did not see them fall.
DAVID FAIREY . (Policeman M 203). I was with Leman, and saw the prisoner and prosecutor on the pavement, struggling together—the other three men ran away—Leman pulled the prisoner off the prosecutor, and took him in custody—he said, "I was only picking him up."
Cross-examined. Q. You came up after the other officer? A. close behind him.
He was further charged with having been before ronvicted in January, 1865, to which he
PLEADED GUILTY. **— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
WILLIAM FREDERICK STIDDER . I am an engineer, of 81, High Holborn—on 17th April I was standing at the foot of Westminster Bridge, about 10 o'clock at night, and the prisoner came up and struck me on the left eye, from the effects of which I fell into a fit (he had stolen a handkerchief from mj breast pocket five or six weeks before, in a pie shop, and I tried to get at him, but his two friends kept me back)—I had said nothing to him on this night, and he struck me without notice—when I came to my senses, I was sitting, and the prisoner's hand was in my trowaers pocket, where I had 1l. 2s., 9d., I laid hold of his hand but he threw it from me, and I heard money fall—I called out that he had robbed me, and he ran away—he was brought back in a few minutes, and I recognized him, and have no doubt of him, having seen him before—I was bruised, and was in King's College Hospital from Tuesday to Saturday—the prisoner struck me three or four times—I have lost my money.
FRANK HUDSON . (Policeman L R 28). I heard a cry of "Stop thief!" and saw the prisoner running towards me, but as soon as he saw me he turned down Poland Place, I followed and caught him—a man came up and said that he had knocked a man down, and robbed him—he said "All right, policeman, it was not me"—I took him back to the prosecutor, who identified him—the prosecutor had just recovered from a fit, there were forty or fifty people round him—he gave the prisoner in charge.
WILLIAM WALKER . I am a carpenter, of 2, Princes Place, Lambeth—on 17th April, I was with Stidder in Westminster Road, and saw the prisoner come out and strike him on the eye; he fell down in a fit, and when he was on the ground the prisoner put his right hand into Stidder's right trowsers pocket, and when he pulled it out I heard money jink on the ground—he ran away, and Stidder called, "Stop thief!"—I ran after him, and the police stopped him—I had seen him standing about, while Stidder and I were talking together.
Prisoner. I only held him by his feet, and when he accused me I ran. Witness. No—I was by his feet—other persons assisted him; but you did not stop after you got your booty.
COURT. Q. Did the prisoner strike him more than once? A. Three or four times, I believe—he did not become insensible till the third or fourth blow, and then he fell—he was taken to the station, and on Tuesday to the hospital—I do not know whether any money was picked up—there was a crowd there.
Prisoner's Defence. It stands to reason that if I had been the man who struck him, I should not have the barefaced cheek to stop there. A policeman was assisting him while he was in the fit.
HENRY SAUNDERS . (Policeman A 442). I saw Stidder in a fit; he recovered in a minute or so—he had his head on my lap, when he said, "I have lost my money, that is the man that picked my pocket"—the prisoner then ran away, and was brought back by another constable, in four or five minutes—Stidder had then gone into another fit.
Prisoner. Q. Had not I hold of his legs? A. Yes, when I went up—I did not see you rob him.
GUILTY. of assault, with intent to rob.
He was further charged with having been convicted of an assault at Southwark, in March, 1869, to which he
PLEADED GUILTY. *— Eighteen Mother' Imprisonment, Twenty-five Strokes with the Cat.
Before Mr. Recorder.
MR. R. N. PHILIPPS. conducted the Prosscution.
WILLIAM CLARK . I now live at 8, James Street, Larkhall Lane—on 24th February last I was living in the Waterloo Road—on that day I met the prisoner at the shop of Mr. Chignell, a watchmaker—Mr. Chignell told me that the prisoner wanted a watch, and he introduced him to ma—the prisoner said he was a foreman in the Government Stores, that a young man under him named Bennett wanted a good watch, and if I would let him have it to take and show to him, he would bring it back or the money, on the Saturday, at latest, if not before—this was on Wednesday—I let him have the watch—I saw him again, either that evening or next day, and he said he had shown the watch to several in the Government Stores, and they all said it was a good watch, and he was very pleased with it, and I should have my money on the Saturday—I saw him again after that, and asked how it was he had not got the money for the watch—he said that he was not at the pay-table when Bennett took his money, so he did not get it; but he always came to his house on the Sunday to tea, and no doubt he would give it to him then; bat he had gone yesterday to his father's house, ni the country—I said, "I will meet you on the Sunday evening"—I did so, and he said, "Well, he has been over, but I was not at home"—it went on till the Monday, and some time after that—he at last told mt he had pledged the watch, and he was sorry for what he had done.
Prisoner. Q. Did not I tell you on the Saturday that I would have the watch myself? A. You said something of the kind, that when you took your pension you would get the watch out; that was when I pressed you for the money—I am positive Bennett was the name you told me, because I put it down in my book, and you told ma how to spall it—I got the ticket of the watch from the landlord of a public-house, to whom you had sold it for 6s.—this (produced) is the watch.
JOHN CHIGNKLL . I am a jeweller, of 79, Waterloo Road—I have known the prisoner for some time—he used to be at the Government Stores, and I thought he was there on 14th February—ha was at my shop that day, and Mr. Clark also—the prisoner said he wanted a watch for a young man that had just entered the Stores, of the name of Bennett, and I persuaded Clark to let him hare it—I made an appointment for them to meet and have the watch, and he took it—what I found afterwards that he did not pay for it, I want to the Government Stores and inquired for him and Bennett, and there was no such person.
JAMES GRAHAM . I am one of the sub-inspectors at the Government Stores in the Belvedere Road—the prisoner was in employ there, but was discharged on 20th February—there was no parson named Bennett there on the 24th, nor for the last two years—the prisoner was never a foreman there.
CHARLES RIDLEY . (Policeman L 68). I apprehended the prisoner on 5th April, on a warrant—I charged him with illegally pawning the watch—he said it was a bad job, that he was out on the spree, and had pawned the
watch, but he meant to get it back—I afterwards received the ticket from Chignell, and got the watch from the pawnbroker's.
WILLIAM CLARK . (re-examined). I should not have parted with the watch unless I had believed the prisoner's statement—I thought he was a respectable man; that made me let him have it; he was recommended by Chignell—I let him have it in consequence of his statement that he was a foreman in the Government Stores, and that he wanted it for a young man there; if he had not made that statement I should not have parted with it—I had not known him before.
Prisoner's Defence. When I pledged the watch, I considered it was my own property, and I should have paid for it on my pension day; but I was taken into custody before. I had no thought of fraud.
GUILTY .— Twelve Months' Imprisonment.
MR. PATER. conducted the Prosecution.
ELIZABETH SMITH . I live at 16, Eltham Street, Old Kent Road, and am an unfortunate woman—I know the three prisoners by sight—about 12.45 on the morning of the 11th April, I was going along the Kent Road—a man, not in custody, came up and spoke to me—he made a proposal to me which I declined—I turned away, and he struck me in the mouth—I called out for assistance—five other men came up, the prisoners amongst them—one of the men, not any of the prisoners, took me by the back of the head—the others assisted in beating me—one had his hand in my pocket, and took my money and my keys—Hurley struck me in my mouth—Manton was there—I can swear to him, but not to Balaam—I had 5s. 2d. in my pocket at the time I was attacked—I felt someone's hand in my pocket, and when the constable came up I missed my money—I told him I had lost it.
Balaam. Q. Had you been in company with Ryan before you were assaulted? A. Yes—I left her across the road—I saw you in custody afterwards—I know that Ryan stopped you—I said you were not the man, but I was told you were there—I bled very much—the constable wiped it off my face.
Manton. Q. Was I there? A. Yes; but I do not know whether you did anything or not—you were with the gang.
KATE RYAN . I am the wife of Thomas Ryan, and live at 6, Lansdown Place, Kent Road—about 12.40 on 11th April, I heard the woman scream, "Murder! give me my life"—I went up and saw Balaam holding her at the back of the head—Manton had her clothes turned up in a disgraceful manner—Hurley hit her in my presence—I could recognize the other three men if I saw them—I caught hold of the woman—I ran across the road and asked the constable to come—he came up, and the men had a scramble with him—Hurley knocked the constable down—I am sure the three prisoners were on the spot at the time—there were six men altogether.
Manton. Q. Did you say I stood there? A. Yes—I am sure you were the one that took hold of the woman's clothes.
Hurley. Q. How long have you known me? A. I have seen you on the road—I have not known you five years, nor yet two—I don't know how you get your living, I have always seen you loitering about.
ELIJAH JONES . (Policeman U 270). I was on duty in the Kent Road about 1 o'clock on the morning of 11th April—I heard cries of "Murder!" and "Police!"—I went in the direction of the cries, and saw the six men on the prosecutrix—I seized Hurley and a man not in custody—I had never seen them before—Hurley was leaning over her—I believe his hand was in her pocket, but I cannot swear to that—Smith was bleeding very much—when the men saw me they ran away in different directions—I followed as close as I could, and came up with Balaam about 100 yards from the spot—he was running—I took him—he said he knew nothing about it—I took Manton next morning in Eltham Street, about 5.30—my staff was taken away from me, and they beat me across the head with it—I can speak with certainty as to Manton and Hurley being there—I took Balaam a short distance from the spot, running away—I can't say who took my staff away—I had hold of Hurley with my hands, and there were four men on my back.
Balaam. Q. Was it not ten minutes before you took me? A. Yes—you said you had been out with your friend Owen, and you were going home.
Hurley. Q. Do you mean to say you had hold of me? A. I do—you were rescued from me.
JOHN WEEKS . (Policeman P R 21). Between 12 and 1 o'clock on the morning of 11th April, I received information—I met the three prisoners and two men running the same way—they were running towards me—I had heard screams, and was going towards the spot—when the men saw me, they turned and ran the opposite way—I went up and saw the prosecutrix bleeding from the nose and mouth.
FREDERICK BARRATT . (Policeman P 138). I was in the Kent Road about 12 o'clock on 11th April, I saw the three prisoners, and three others with them, walking towards the Canal Bridge—they passed me as I stood on the bridge—I knew them by sight before—I turned my light on as they passed—as they were passing, a young man said, "That is Hurley and his gang"—I said, "I know them perfectly well"—one of them said, "What does the b—mean by that?"—they then went on—I met some other constables.
and communicated to them—I went back towards the bridge, and heard cries—I saw five of the men coming towards me over the bridge—Hurley and Manton were there—I made a rush at them—they turned back, and went down the Old Kent Road again—I then went to the assistance of 21 P R—I met Hurley, and took him into custody—he said, "All right, I will go with you."
Witness for Balaam.
GEORGE OWEN . I live at 1, Alexander Street, Church Street, Old Kent Road—I am potman at the Knightsbridge Railway Tavern—I have known Balaam as long as I have known myself—I also know Manton; he went to school with me, and Hurley lived in the same street as me—on this Sunday night I was with Balaam—I first met him about 7.50—I remained with him till about 1.4—we went round Old St. George Street, into Albany Road, and we were there till 1 o'clock, drinking—we came out of the public-house about 10.50, and went down Commercial Road, over St. George's bridge, into Alfred Street—we parted at the top of the street, about 1.10, as near as I can say—I did not see either of the other prisoners that night.
Cross-examined. Q. When had you seen the other prisoners before?
A. On the Friday night, I think I saw them—I am not frequently with them—I parted with Balaam at the top of the Albany Road—that is about ten minutes' walk from the place where the woman was attacked—I did not see any of the constables that night, who have been examined to-day—I undertake to say that Balaam was not with the other prisoners; he was in Church Street, Old Kent Road, with his mother—I did not go there, the mother came to me—I was out of work at that time—I was going after a place at Knightsbridge the next day.
Balaam's Defence. I used to associate with Ryan, and since I left her she has got every person against me. The policeman said I was not there; and the prosecutrix says I was not the man. I was not in the Kent Road, from 10.50 till I was taken.
Hurley's Defence. I defy any man to come and call me a thief. I am innocent.
ELIJAH JONES . (re-examined). I met Balaam about fifty yards on the Surrey side of the bridge, about 12.50—there was a watchmaker's opposite me, and when I put my hand on his shoulder, I looked at the clock.
Balaam. He took me 100 yards from there.
BALAAM— NOT GUILTY .
MANTON— GUILTY . †—Eighteen Months' Imprisonment.
HURLEY— GUILTY . †— Eighteen Months' Imprisonment, and Twenty Laslvs with the Cat.
Before Mr. Justice Byles.
MR. RIBTON. conducted the Prosecution; and MR. DALY. the Defence.
JAMES NICHOLLS . I am a tailor, and live at 7, Old Kent Road—the prisoner was in my employment for about five months—I slept in the top room, and the prisoner in the room underneath—on 4th April, I and my wife went to bed at the usual hour, a little before 11 o'clock—I left the prisoner in his room previous to my going up stairs—somewhere about 4 o'clock in the morning, I was disturbed by a blow at the side of the head—I was not sensible; I could not move—I heard my wife screaming that we were being murdered—she had not left the bed then—I did not see the prisoner—I was bleeding—I lay there till I came to my senses a little, and when I got out of bed my wife was at the window, calling, "Police!" and "Murder!"—there was no light—there was a chair, which I always place at my bedside, with my watch and the candlestick on it; that got turned over—I was feeling about the floor for the candle, and I laid my hand upon the poker, which was on the floor—my wife called to me to keep to the door, and she was calling, "Police!"—it was not many seconds before the police came, and broke the shop door open—I did not see the prisoner at all, I was too much stunned—I was not aware that I was bleeding till I got out of bed—the policeman came up to our room, and brought the prisoner up with him—that must have been a few minutes after the occurrence—the policeman said, "This is you that has done this"—I believe he said he knew nothing about it; that was all he said—he was taken into custody—I saw this carving-knife found outside my bedroom door, on the landing—it had been used at supper the night before—the prisoner had
supper with us—there was blood upon the knife when found—I found this hammer just outside the back door, on the ground—it had been kept in the out-house since I used it last; that was on Good Friday, about a fortnight before—the prisoner had been to that out-house the night before this occurrence, at the time he was coming in, just before going to bed, a few minutes before 11 o'clock—I met him at he was coming from the out-house, he was at one door, and I at the other—I did not see whether he had anything in his hand—he had gone near the place where I afterwards found the hammer—about six weeks before this, I had accused the prisoner of something, rightly; but after some discussion about the matter, I consented to forgive him, and that matter passed away—on the night of 3rd April, the very night before this happened, I said to him, "Frank you will either hare to write or go to your father, and tell him to give you a suit of clothes, for the clothes you are wearing are not fit for you to wear, and I consider your father ought to do his duty by you, for the way in which he sent you here, was not a becoming way at all for a father to send a lad out to any employment—do you think he will give you a suit of of clothes?"—he said, "I don't know"—I said, "Well, you can tell him that if he does not, I shall have to send you away"—he made no answer—that was somewhere about 10 o'clock; he had had his supper.
Cross-examined. Q. Except those two small matters, you had no quarrel or dispute with him? A. No; my wife and I live very happily, we do not quarrel—I know inspector Turpin—my wife and I used to quarrel, but we do not now; we did before Christmas, we have exchanged blows—I have broken the crockery—on Christmas day I sent the plum pudding into the fire, and part of a cheese after it—I have been violent when I have been in drink, but I have not taken drink since Christmas, thank God—I used occasionally to drink too much, but I was never a drunkard, it used to effect me—my wife has left my house more than once, and gone for protection elsewhere, to her mother's—that'has not been since Christmas—at Christmas, she went to her mother's, and stayed a day or two, but not since—I have not been drunk since Christmas—I took a pledge.
MR. RIBTON. Q. Were you asked any of these questions at the Police Court? A. No—my bed-room door was not fastened on this night, we were never in the habit of fastening it.
EMMA NICHOLLS . I am the prosecutor's wife—on 4th April we went to bed about 11 o'clock—I was disturbed at 4 o'clock in the morning with a stab on my chin—I put up my hand, and I received another on my finger, and that roused me up—I saw somebody near the bed, it was the prisoner, I think, at least, I am sure—it was just breaking day when I rote up in the bed—I screamed, "Murder!"—I looked down, and saw my husband was bleeding from a wound in his head—the person who was in the room was near the bed; he was standing over me, aiming blows at me—I did not see with what—I threw out my arms, and that was how it was I received the blows on my hands and arms—the prisoner then left the room—I am not able to say positively that it was the prisoner—I then jumped out of bed, flew to the window, and called to the police—my husband jumped out of bed just as I rushed to the window—a policeman came, not many minutes afterwards—he broke a panel in the door, and got into the house, and came up to our bed-room—the person in the room did nut say anything—he had his trowsers and shirt on.
Cross-examined. Q. I believe you had an apprentice named Mackrill, some time ago? A. No, never—we had one apprentice named Cross; he left about four years ago—we have had no one living in the house since that, as apprentice, shop boy, or any other capacity—my husband has taken the pledge, and kept it.
MR. RIBTON. Q. Was there any other person in the house at this time besides yourself, your husband, and the prisoner? A. No.
THOMAS CLAYTON . (Policeman M 147). On 4th April, at a few minutes to 4 o'clock, I heard cries of "Police!" and saw Mrs. Nicholls looking out of the window of 7, Old Kent Road—I knocked in the panel of the shop door, and got into the house—as I went up stairs, I observed that the windows were securely fastened—I went into the first-floor bed-room, and there found the prisoner—he was in the act of taking off his trowsers—I asked who he was, and what he wanted there—he said he lived there—I then went up to the second floor, and there saw Mr. and Mrs. Nicholls, both bleeding—Mr. Nicholls was bleeding from the right temple, and Mrs. Nicholls from the chin and hand—I found this knife in the lobby, outside the bed-room door—there was blood upon it—all the things in the room confused and knocked about, and tumbled down; chairs and tables and all were knocked down—the watch was lying outside on the landing, and the chain under the door—I told the prisoner I should have to take him into custody for feloniously wounding and attempting to murder Mr. and Mrs. Nicholls—he said he knew nothing at all about it—I found the doors of the house, back and front, all securely fastened—I went round, and tried all the windows and doors, and found them all fastened.
Cross-examined. Q. Did you tell the prisoner you were a police officer? A. I was in uniform—when I went into his room he was stooping, in the act of pulling off his trowsers, at the side of the bed—I was only looking at him for a second, just as I opened the door, he stood still—he was facing me—I Jam quite certain he was not putting on his trowsers—he was stooping, as I went in, pulling them off, and he straightened himself—his shirt was out—the sheets of his bed were down—I did not notice whether there was any impression in the bed, as if he had been there.
MR. RIBTON. Q. I suppose you know the difference between a man putting on his trowsers and taking them off? A. Yes—I am sure he was taking them off.
JAMES ROBERT TURNER . I am a surgeon, of 15, Eltham Place—on Monday morning, the 4th, a little after 4 o'clock, I was called into Mr. and Mrs. Nicholls; he had received a severe contusion on the right temple; it was not an incised wound such as would be inflicted with a knife, it was not bleeding when I saw it, it had been; the skin was broken—the wound itself was not much, but there was a severe contusion; it was done with some blunt instrument—there were no other injuries to Mr. Nicholls—I attended him for a few days; there was no danger; he has scarcely recovered yet—I believe he has been under his own medical man since.
Cross-examined. Q. What were Mrs. Nicholl'sinjuries! A. Severe contusions about the arms, and a slight cut on the chin, as if done by a sharp instrument.
MR. RIBTON. Q. Would such a knife as the one produced have caused it? A. It might, it was a stab—the bruises on the arms were such as might have been inflicted by a poker; the wound on Mr. Nicholls might also have been inflicted with a poker.
The prisoner received a good character.
GUILTY . of unlawfully wounding—Strongly recommended to mercy by the Jury, on account of hit character.— Six Months' Imprisonment.
ADJOURNED TO MONDAY, 7th JUNE, 1869.