CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
EIGHTH SESSION, HELD JUNE 7TH, 1869.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, June 7th, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWERENC, M.P., LORD MAYOR of the City of London; Sir JOHN MELLOR, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir GILLERT PIGIOTT, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir FRANCIS GRAHAM MOON , Bart., F. S. A., DAVID SALOMONS, Esq., M.P., Sir ROBERT WALTER CARDEN, Knt., THOMAS QUIETED FINNIS, Esq., SIR WILLIAM ANDERSON ROSE , Knt., and Sir THOMAS GAREIGEL, Bart., Aldermen of the said City; The Right Hon. Russell G Uaxaz, Q.C., M.P., Recorder of the said City; Sir SYDNEY HEDLEY WATERLOW , Knt., JOSEPH CAUSTON, Esq., and THOMAS SCAMBLER OWDEN, Esq., F.R.G.S., 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 the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM JAMES RICHMOND COTTON, Esq., Alderman.
CHARLES WILLIAM COOKWORTHY HUTTON, Esq.
ALEXANDER CROSLEY, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 7th, 1869.
Before Mr. Recorder.
MR. F. H. LEWIS. conducted the Prosecution.
WILLIAM CLARK . I am manager to Mr. Meadows, of the Duke of New-castle—last Monday night the prisoner came in for a pot of stout, and gave me a bad shilling—I broke a piece out of it, and told him it was bad—I kept it—he then gave me a good half-crown, and I gave him the change, two good shillings—he afterwards had another pot of stout, and gave me another bad shilling—I told him it was bad—he then gave me a good sixpence—I kept the second shilling—I afterwards saw the witness King serve the prisoner with a third pot of stout; he had friends with him—I saw him put down a third shilling—King took it up, and handed it to me—it was bad—I afterwards looked into my till, and found another bad shilling—I called in a constable, and gave the four shillings to the constable—the prisoner was taken into custody.
Prisoner. Q. How many friends had I with me when I came in? A. One—yon were the worse for liquor—I particularly noticed that the two shillings that I gave you in change for the half-crown were good.
THOMAS ARDELL . (Policeman F 182). The prisoner was given into my custody—I received these four shillings from Clark—I searched the prisoner, and found on him a half-crown, five shillings, five sixpences, and 1s. 1 1/4 d. in coppers; that was in his left trowsers pocket—in his right trowsers pocket I found a bad shilling—while I was examining the money, the prisoner ran out of the door—I followed him—he ran across the way; he said he had gone for a natural purpose—he gave the name of George Andrews, and said he was a waiter at Leicester Chambers, Castle Street, Leicester Square—he said, at the station, that he was servant at Lord Dufferin's, 26, Grosvenor
Place—I went, but there is no such place as 26, and has not been for the last three years.
The prisoner stated that he had been in the service of many noblemen and gentlemen for many years; that on the day in question he had been at Epsom, and had received money, some of which he changed, and might in that way have become possessed of the bad money.
GUILTY .— Nine Months' Imprisonment.
MR. F. H. LEWIS. conducted the Prosecution.
EMMA FREAN . I am in the service of Thomas Pavey, a grocer, of Broad Street, Bloomsbury—on Tuesday, 18th May, the prisoner came there—I served him with a quarter of a pound of eightpenny cheese—he put down a half-crown—I told him it was bad, it was a rank bad one—he asked me to bend it in three places, which I did—he asked me to give it him; I did so, and he said he would go to the corner, where he took it—he went away, but did not return—on 24th May, about 9 o'clock, he came again for a quarter of a pound of the best cheese—I knew him again directly—he put down a half-crown—Mr. Pavey took it up, and said it was bad—I directly ran round the counter, and said that was the same man that came in the week before—the prisoner said I was mistaken, he was not the man, he only came up from the country the morning before.
Prisoner. Q. Are you sure it was on the 18th that I came into your shop? A. Yes, it was either the 17th or 18th; I know it was not the 17th, because it was on Whit Tuesday.
THOMAS PAVEY . The prisoner came to my shop on the 24th—I took up a half-crown which he put down, and said, "This won't do"—he said, "What is the matter with it?"—on that the last witness flew round the counter, and said, "You are the man that came last week with a bad half-crown, I knew you directly you came into the door"—he said, "Not me, I only came from the country this morning"—a constable was sent for, and he was given into custody—I gave the half-crown to the constable.
Prisoner. Q. Are you sure I said I only came from the country that morning? A. Yes, I am quite sure.
GEORGE FLETCHER . (Policeman F 133). I produce a half-crown which I received from last witness—I searched the prisoner, and found on him a good sovereign and three good half-crowns—when he was told the half-crown was bad, he said it could not be him that passed it, because he had only come from the country that morning—he gave his address in Essex.
Prisoner's Defence. I thought the half-crown was good; I got it in change for a sovereign. As to the other, when the young woman said I had passed it, I told her it was a mistake, for I was in the country. I have a letter here stating that I went to Strood on the 16th, and stopped there till the 20th.
NOT GUILTY .
MR. GRIFFITH. conducted the Prosecution.
JAMES HANN . (City Detective). On 24th May I went to 7, Suffolk Street, Whitechapel, where I found the prisoner—I told her I had come with reference to some things she had taken away from Mr. Brickwood—she said, "Yes, I intended to return them, I have not stolen them"—I told her I was an officer, and was going to take her into custody for stealing them—upon that she gave me these 39 duplicates.
JAMES WOODHOUSE . I am assistant to Mr. Avant, pawnbroker, of Fleet Street—I produce a silver fork and dessert spoon, pawned on 10th October, for 5s., I believe by the prisoner—I find the corresponding ticket amongst those produced.
ALBERT SWAISTON . I am assistant to Mr. Lawley, pawnbroker, of 81, Farringdon Street—I produce a shirt, pawned with me for 2s. 6d. on 19th June; another shirt, pawned with me on 1st July for 3s.; a table clock, pawned for 2s.—we have also a shop at 78, Farringdon Street—I produce from that shop, a jacket and sheet, pawned on 11th October for 3s.; a table-cloth, on 28th October, for 3s., and a sheet, on 16th November, for 2s. 6d.—I do not know who pawned them—the tickets produced correspond with mine—I gave those tickets to the person who pawned the things.
LATHAM CHRISTOPHER NORRIS PERCY BRICKWOOD . I am a barrister, and have chambers at 11, King's Bench Walk, Temple; the prisoner has been laundress at my chambers for some years—I had occasion to discharge her in December—I had missed a great quantity of articles—I have looked at the things produced, and believe them to be mine—the sheets have my name written on them in full—I never save the prisoner any authority to pawn them.
Prisoner. One of those sheets does not belong to you. Witness. There is one here that has no name on it, I cannot swear to that; but there are a great many things here that have my name on them.
The Prisoner's statement before the Magistrate was as follows:—"I have often asked Mr. Brickwood to allow me to remain in his service, and I world return the things."
Prisoner's Defence. I never intended stealing these things; I merely pat them away because I was in distress at the time, and required a little money. I fully intended to return them. I asked Mr. Brickwood several tunes when he wished to discharge me to allow me to remain, and I would return the things; he said he would see me d—d to hell first. On another occasion, he said if I did not leave the house he would kick me out, or get a policeman to turn me out, and the sooner I left the house the better. He might have given me in charge then. I told him I would have the law of him, and he said, "Burn the law, and you too; I know plenty of law that will finish you."
MR. BRICKWOOD. (re-examined). With regard to the first and last statements the prisoner has made, they are utterly untrue—that I said I would have her removed is true enough, and I think it was high time.
GUILTY .— Twelve Months' Imprisonment.
MR. BBSLBY. conducted the Prosecution.
yards from my house—it was safe at 11 o'clock at night—about 2.30 in the morning I was called to the rick, and found it in a blaze; it was nearly destroyed—I never saw the prisoner before I saw him at the station, about 5 o'clock that morning—I then asked him why he did it—he said, I set the rick on fire, but I shall keep it to myself why I did it."
THOMAS GOLDSMITH . (Policeman Y 140). On 11th May, about 2 o'clock in the morning, I was on duty near the Bald-faced Stag, at Finchley, and saw the prisoner going in the direction of the rick, and about 500 yards from it—about ten minutes afterwards he came running back—I stopped him—he said, "Do you see that light?"—I looked, and said, Yes—he said, "I have set that on fire"—I asked him what it was—he said, "A. hayrick"—I took him into the station—I found on him two boxes of fusees, fourpenny, a knife, and a bit of copper wire—he said he set the stack on fire with the fusees—he gave no address.
Prisoner. Q. When you took me, or rather when I gave myself into custody to you, did I say that I set the rick on fire, or that I see it on fire? A. You said you set it on fire—I will positively swear to that.
WILLIAM WENHAM . (Policeman Y 194). I passed close by the rick about 1.45 on this morning; it was then quite safe—I did not see anyone near it—about 2.10 I was about a mile away, I saw the light from the fire, and ran back and found the stack completely covered with flame.
Prisoner. I don't wish to say anything.
GUILTY.— Judgment respited. The Prosecutor recommended him to mercy, believing him not to be of sound mind.
MESSRS. METCALFE. and GRAIN. conducted the Prosecution; and
MR. COLLINS. the Defence.
THOMAS TOVEY . I am employed as a detective officer at the Charing Cross Hotel—on the afternoon of 14th August, I saw a brougham and pair drive up to the door of the hotel—I saw Clifford get into the brougham, and a woman; I could not sweat' to the woman, but I believe it was Martin—she had on a blue silk dress, with a thick fall over her face—it was a silk dress, I would not swear it was blue—Clifford told the coachman to drive to Bond Street—there was another man who also got into the brougham, a short dark man—they came from the restaurant; they were not stopping at the hotel.
Cross-examind Q. The woman had a thick fall on, you say; could you see her face? A. I could just see the shape of her face—I don't swear to the colour of her dress, but I believe it was a blue silk—she had on a shawl—it was a sort of mixture, what is called a Paisley shawl; a light brown, not a dark shawl, nor a light one, a sort of a light mixture—she had a small bonnet, I don't know exactly what the tail of the bonnet was—I just saw her face, but not enough to swear to her—the man was dressed very differently to what he is now; he had on a dark coat, a pair of mixture trowsers, and a hat—the other man was dressed in a dark suit, and a common hat—I was in the middle hall of the hotel—there is a side-door, leading out on to the platform—the brougham was in front of the hotel.
MR. METCALFE. Q. Was your attention called to the loss of the bracelet after this? A. Yes; directly after, on that same evening—I was on duty at the hotel that afternoon and evening—I should have seen if the carriage
and the persons had come back to the hotel—I did not remain stationary in the hall—they might, perhaps, have Dome back, and I not be there—I am certain they were not stopping at the hotel—I am stationed there for the purpose of noticing.
JAMES SHAW . I live at 20, New Road, Sloane Street—I sot as door-porter at Messrs. Hunt & Roskell's—I have been in the army—on 14th August I saw a carriage drive up to the door of Messrs. Hunt & Roskell's—I opened the door—two men and a woman got out of the carriage and passed into the shop—they remained there about twenty minutes, and then came out—I opened the door to let them into the carriage again—the male prisoner did not get into the carriage, but the others did—the male prisoner came out first, the woman followed him, and then the second man—he put the woman into the carriage, and stood alongside me at the carriage door; the other man kept Mr. Cavey in talk in the passage when he saw the woman was in the carriage—he came out, and went into the carriage, and said, "Charing Cross Hotel," and this man went towards Oxford Street, seemingly in a hurry—I noticed him particularly—I had a reason—I am in the habit of letting ladies and gentlemen into their carriages, and I could see that he did not take off his hat or bow to the lady as a gentleman ought; he merely said, "Good-day," and away he went—the female prisoner is the woman—I am quite certain of her—I had an opportunity of seeing her when I let her out, and when she came back she wore a dark green silk dress, a black sash round her waist, a dark bonnet, with a red flower on the top, and light green ribbons, not anything like the dress—she had not a shawl, it did not come down low enough for a shawl, it was a thing that just covered—the neck behind, a kind of scarf—I have not seen the other man since—they could not have driven off above a minute and a half before I heard of the lose of the bracelet; they were just out of sight.
Cross-examined. Q. Have you not said before that you did not notice the man more than you should anyone else? A. I don't think I ever made use of those words—I can't say that I did notice him more than any one else, but I thought it was very curious his being in such a hurry to get away; and another thing I remarked, one gentleman always waits for another when he comes out, but he did not; that attracted my attention.
COURT. Q. When did you see Clifford again? A. In Horsemonger Lane Gaol—he was walking round in a circle, with, I should say, about thirty people, and I picked him out as being the person.
MR. CAVEY. I am an assistant to Messrs. Hunt & Rotkell, jewellers, of 156, New Bond Street—on 14th August, between 3 and 4 o'clock in the afternoon, two men and a woman, came to the shop—I went up to attend to them—I took them to the jewellery-room, as they requested me, to show them some turquoise and diamond ornaments—the male prisoner was one of the two men, the female prisoner was the woman who came in with them—I showed them some ornaments, and the man not in custody said they were not rich enough—I took them to the other side of the shop, to the diamond counter—I showed them some richer ornaments—the remark was made that they were more the kind of thing, but still they wanted turquoises—I then said to one of the assistants, "Give me the came with the complete parture of diamonds?"—he brought me this case, which then contained a diamond necklace, a brooch, a pair of earrings, a bracelet, and a head-ornament—I took out the head-ornament, and showed it to
them—the male prisoner said, "What a beautiful thing!"—the young man assisted me to put it before them to look at—the male prisoner took up the bracelet, looked at it, and put it back again—it was then agreed that a drawing should be made of some ornaments, and were to be ready on the Wednesday following—I proposed to call upon them, but it was agreed that they should come again—they gave me the address at the Charing Cross Hotel, and another address in the country, and also left this card (produced)—they said I had better have the drawing made as proposed—I took a piece of paper, and said to the female prisoner, "What will you require? "—she said she would have the head-ornament, the bracelets, the earrings, and brooch, making a whole set—she spoke very little—Clifford left first, the woman went after him, and the other man stood talking to me in the plate room—I asked if they required anything in plate as well; they gave no answer, and seemed in a hurry to get out—when I returned to the shop an assistant came to me, and my attention was called to the fact that the bracelet was missing—I went after the prisoners immediately, but they were gone—one of them stood conversing with me in the lobby while the other two went to the carriage—I don't know whether the lady was inside the carriage when he left—when he went out the carriage drove off immediately my attention was drawn to the bracelet being missing within a minute after—there were no other customers in that part of the shop at the time I showed them the diamond ornaments—no one could have had access to the bracelet but the three prisoners, myself, and Mr. Morris—I am quite positive of that—Clifford took up the bracelet, but he put it down again—, it is my very firm belief that Clifford was one of the men—I have also a very strong belief that the other prisoner was the woman who was with them.
Cross-examined. Q. How many assistants were there round that counter? A. There was the young man assisting me, Mr. Morris, and Mr. Nash, who was close to my left hand side—there are not two entrances to the shop—there is a way you can get out from the diamond counter, but not into Bond Street—that entrance is for the work people—a person could not go out that way without being seen—the woman had a very thick veil on—I was paying greater attention to the things I was showing than to the persons—it would be very difficult for me to swear to them—I should say the persons were in the shop from ten to fourteen minutes—I did not pick out another man instead of the prisoner, to my knowledge—there was a man there, and I said to a companion who was with me, "How much that is like the short man"—I did not say it was the man, I said how much he was like him.
MR. METCALFE. Q. When did you see Clifford again? A. At Horse-monger Lane Gaol—he was amongst thirty or forty other persons—the first time he came round to me I pointed him out—I picked the female out from four or five other women—I have not seen Mr. Hart, the gentleman whose name is on the card.
JOHN MORRIS . I am an assistant to Messrs. Hunt & Roskell—on 14th August last I remember two men and a woman coming there in the afternoon I believe the two prisoners to be two of the three—they went to the diamond counter at the inner part of the shop—Mr. Cavey called me up to get him certain articles of jewellery—they seemed desirous of making a purchase—they looked at a variety of ornaments—I took out a case of diamonds, containing a head-ornament, a bracelet, earrings and brooch—it
was complete when I took it out—they gave some orders for some drawings after that—Mr. Cavey accompanied them to the door—after they left I missed a diamond bracelet—I searched for it but could not find it—I ran to the door immediately and told Mr. Cavey—I did not notice I any other customers in the shop—there was Mr. Cavey, Mr. Nash, and myself behind the counter.
Cross-examined. Q. Have you got a good memory for faces? A. I think I have, rather—I said something before the Magistrate about its being something between Shakespeare's and an idiot's—I was asked a ridiculous question and I gave a ridiculous reply.
WILLIAM HENRY NASH . I am assistant to Messrs. Hunt & Roskell—I was present on the 14th August, when two men and a woman came to the shop—I was behind the diamond counter with Mr. Morris—I saw what took place—a lot of things were shown to them—while they were there a perure of diamonds was shown to them—one of them took up the bracelet, admired it very much, and put it down again—it was afterwards put before them again, and directly they had gone it was missed—it was about ten minutes from the time it was taken out until it was missed—no other customer had been in the shop—there was no one near except myself, Mr. Cavey, and Mr. Morrie, except the three persons; to the best of my belief Clifford was one of the two men—I identified him at Horsemonger Lane Gaol—I picked the female out of five at the Vine Street station, as being the woman who was in our shop.
Cross-examined. Q. Who was with you when you picked out the man? A. I was by myself—I went to the gaol with Mioklejohn, Mr. Covey, and Mr. Cavey, jun.—I picked out the man myself—that was about five weeks ago—this took place in August.
MR. METCALFR. Q. Have you seen Mr. Hatt? A. Yes; he was not one of the persons who came into the shop.
JOHN MIESKLIJOHN . (Detective Sergeant). On the 23rd April last I apprehended the female prisoner outside Horsemonger Lane Gaol—I told her she would be charged with being concerned with Thomas Clifford, and stealing, on 14th August last, a diamond bracelet from the shop of Hunt & Roskell's, New Bond Street—she said, "You have got something up for me"—I said, "Never mind that, Dome with me"—I then took her to the Vine Street station, where she was placed amongst four or five other females, and Mr. Cavey and Mr. Nash were sent for, and went inside—they afterwards returned and told me something—at the Police Court she told me that Clifford had been visiting her on and off fourteen months—that she was not married to him—I took Clifford into custody, but not on this charge.
Cross-examined Q. Did not she say she knew nothing about it? A. Yes; she said that repeatedly—I swear that I placed her with four or five other women—I did not say at the Police Court there were only three—I won't swear I did not.
CLIFFORD— GUILTY . He was further charged with having been before convicted on 16th July, 1866, to which he
PLEADED GUILTY.— Twelve Years' Penal Servitude.
MARTIN— NOT GUILTY .
For further indictments against Clifford see Surrey Cases.
MR. GRIFFITHS. conducted the Prosecution.
WILLIAM PURSER . I am a painter, and live at 15, Derby Road, Kinger land Road—on Saturday night, 8th of May, I was in the Whitechapel Road, going home—I was drunk—the prisoner McCarthy came up to me, and took hold of my arm, and took what few half-pence I had in my pocket, a shilling, and two or three half-pence—he twisted me round my neck, and threw me down—I feel the effects of it at the present time—he found he was not quite enough for me, and Hill took me by the legs, and held me down—I called out "Police!"—the prisoners are the two men who came up to me—I lost all the money I had.
WILLIAM PEOK . (Policeman R 16). About 2 o'clock on Sunday morning, 9th May, I heard cries of "Police!" in the Whitechapel Road—I went up and saw these two men on the top of the last witness—as soon as they saw me coming, they rose from the man, and one walked very quietly along the pavement towards Mile End—and the other crossed the road—I took McCarthy, I searched him and found on him 1s. and two half-pence on him—he said, "I am not a thief, I am an honest man."
SAMUEL REARDON . (Policeman K R 9). I was with the last witness on this morning—I saw the two prisoners on top of the prosecutor—they got up and walked away, I took Hill into custody—he said, "I am no thief."
Hill. Q. Did I not say I received a pension? A. Afterwards you did.
Hiles Defence. As I was going home, I saw two men holding another man; he called out, and I went to see what was the matter; he seemed very drunk. I was trying to get him up, with the other young man, and fell down, and hurt my leg a good deal, and when I started to go towards home I had to walk very slowly. The constable came from the other side of the road and I stopped, as I thought he wanted to ask me a question. He struck me several times, and knocked me down. I did not know what I was charged with till I was at the station in the morning. I am quite innocent of this charge.
McCarthys Defence. The prosecutor said at the station he was as much in fault as I was. I was going home, and was stopped by the policeman.
NOT GUILTY .
NEW COURT.—Monday, June 7th, 1869.
Before Mr. Common Serjeant.
MR. CRAUFURD. conducted the Prosecution.
JAMES HENRY CARFEW . I keep the Prince Albert, in St. Martin's Lane—on 17th May, after midnight, I served the prisoner with a half-pint of beer, which come to 1d., he gave me 1s—I put it in the till, there were no other shillings there; I gave him his change, 6d. and some coppers; he drank the beer and left—about two minutes afterwards he came in at another door, and said, "Give me two for one," laying down 1s.—I took it, and found it was bad—I then looked at the other shilling and found that was bad—I followed, and saw him coming out of the Sovereign public-house opposite—I then spoke to 29 C; and then saw the prisoner come out of the Sovereign public-house—I said, "That was a bad shilling you gave me for that half-pint of beer"—he said, "Sooner than make a fuss about it, I will give you another"—I said, "You have been over to Mr: Everson's to pass that other shilling "—he said, "No; I have not, I have thrown it away"—I said, "I shall go over to Mr. Evereon's and see whether they have taken a bad shilling of you or not "—I did so, leaving him in charge—I afterwards gave the bad shilling I found in my till to the constable.
BLANCHE SPONG . I am barmaid at the Sovereign, kept by Mr. Everson—on 17th May, after midnight, I served the prisoner with a half-quarters of spirits; he paid with good money, and I gave him 6d. and 3 1/2 d. change; he then asked me to oblige him with two sixpences for 1s., and handed me a new shilling, which I threw into the till—there were other shillings there, but no new ones—shortly after this Carfew came in—Mr. Everson was then there—I looked in the till, and found the new shilling; it was bad—I gave it to Mr. Everson.
WALTER VINE . (Policeman C 29). I was on duty in St. Martin's Lane, and Carfew called my attention to the prisoner coming out of the Sovereign—I took him, and received a shilling from Carfew and another from Everson—I found on him 13d. in copper and 9s. 6d. in good silver—he said, "The best thing I can do is to give you ten bob to let me go."
Prisoner's Defence. I am innocent. There were other people in the shop, who are as likely to have given the money which was in the till, as me.
Fifteen Months' Imprisonment.
MR. CRAUFURD. conducted the Prosecutions.
WILLIAM SUSSUMS . (Policeman F R 12). On the night of 18th May, I was on duty near Chandos Street, Strand—White spoke to me in Chandos Street, and pointed out the prisoners, who were standing at the top of King William Street, in conversation, for three or four minutes—they then went on, and Vine left Bunce and went into the Marquis of Granby, Chandoa Street—Bunce walked on towards Bedford Street, and waited about—I watched him twenty minutes or half-an-hour till Vine came out again and joined him—I spoke to them in Bedford Street, and asked if they' had any. thing about them—Bunch said, "No"—I said, "I shall take you in custody
on suspicion of having counterfeit, money in your possesion"—they refused to be searched in the street, and we took them to Bow Street—the corner of Russell Street, Covent Garden, Bunce tried to throw me down; made a rush at some area railings, and threw something down, done up in tissue-paper—it rattled on some iron wire over the area; it sounded like money, I heard it jink—he endeavoured to get from me, and to kick me; we had a struggle—nobody would assist me, and I drew my truncheon and struck him across the shoulders—I afterwards handed him to another constable, and went back to the area, where Mill handed me seven counterfeit florins and some tissue paper (produced)—I searched the prisoners at the station, and found on Bunce four shillings, thirteen sixpences, and 4 1/2 d. in copper, good money, and several pieces of paper in which money had been apparently wrapped—I found this bad florin in his right hand pocket, not the pocket where the good money was—he said that he knew nothing about the florins—I found on Vine 1s., six sixpences, and 14 1/2 d. in copper.
Bunce. Q. After you had searched me did not you say, "Here is another 2s. piece? A. No.
Vine. Q. Did you go to my address? A. Yes—I found it correct—I went to your employers—they gave you a very good character as to honesty—you had a bad arm.
HENRY WHITR . I am a plasterer—I was in Chandoe Street, and saw the prisoners come there about 6.50—Vine pulled a can out of his pocket, and gave it to Bunce—they both went across the road together, met a little girl, gave her the can, and told her to get some bread—Bunce then walked down to Chandos Street a little way, and I suppose Vine gave a nod when the girl was coming back—they met her, and she handed Bunce the change and a loaf, which he tied up in a handkerchief—they walked away together towards the Strand, where they stood at the corner for ten minutes, talking—the constable came up about 7.15—I called his attention to them, and saw Bunce struggle with him—I saw him move something out of his hands—the girl is not here—she went away—I could not see what shop she went to, because it is the second shop round the corner, in a court.
GEORGE LIGHTFOOT . (Policeman F R 4). I was called, and took charge of Vine—I went to a baker's shop at 2, Bedford Court, Chandos Street, which White pointed out, and a woman gave me this bad shilling.
MARY ANN HILL . I am shopwoman at the baker's shop—on 18th May, a little after 7 o'clock, I served a little girl with a half-quartern loaf—she gave me is., which I put in the till—there was no silver there but a threepenny bit, which I gave in change, and sixpennyworth of coppers—Sergeant Light-foot came soon afterwards, and I looked in the till and found the bad shilling.
SAMUEL MILL . I am cellarman at 11, Russell Street, Govent Garden, which is at the corner—I heard a scuffle, and saw Bunce and the constable struggling near the railings—shortly afterwards Sunnis came back, and in consequence of what he said I looked in the area and picked up a parcel of coins interleaved with paper—I handed it to the constable—it contained seven florins.
Vine's Defence. I never had bad money on me in my life.
BUNCE— GUILTY .— Eighteen Months' Imprisonment.
VINE— GUILTY .— He received a good character.—Six Months' Imprisonment.
MR. CRSUFURD. conducted the Prosecution, and MR. WSLHAM. the Defence.
JAMES BRANNAN . I am in the employ of the Treasury on matters relating to coin—on 12th May I went to 6, Eltham Place, Stony, in consequence of information—the prisoners had then been taken in custody, and I had seen them at the station—their room is the first-floor back—the house consists of four rooms—I found Dickenson in possession of the room—I found a temporary bench fixed from the wainsooat to the window, upon which were a quantity of plaster of Paris articles, which appeared to been moulds, and a file on the window-ledge, with white metal in its teeth and some iron clamps to hold the metal when it is in a state of fusion—there were a quantity of metal dregs under the stage—Sergeant Bridge handed me these five gets, which are the overflow of the metal when the mould is full—these ten bands are to form the moulds in—here is plaster adhering to them, and a little grease, which is to keep the plaster from sticking—this grainers' comb is used as a burnisher for the counterfait coin—this glass, covered with lamp-black, is to give the coin a dull circulating appearance—I also found this piece of wood with two nitches in it, to insert the coins in and hold them; here is metal in this ladle—I also found pliers, copper—wire, tissue-paper, and all the implements which I have on various occasions found in the possession of coiners—when we returned to the station this cylinder and jar were pissed on the inspector's deak, and King said, "You have got my machine there"—I said, "Yes, you will have to account for it"—he said, "All right; I had it for my own amusement; it is used for electro-plating"—this copper-wire has been dipped in cyanide of silver; it is coiled so as to hold a coin—I found this copper-sheet with hooks in the room—it hangs on a stove, and may have been used for drying plaster of Paris moulds—there was no food or furniture in the room—I have had thirty years experience—these fragments have formed a mould for making counterfeit coin.
Cross-examined. Q. Was a man named Alson examined at the Police Court? A. Yes; as a witness for the prosecution—I do not think he is a witness to-day.
MR. CRAUFURD. Q. Did you hear him bound over? A. He signed his deposition, and was ordered to attend at the next examination, but did not do so.
JOHN BARNARD . Q. I am a labourer, of 6, Eltham Place, Stepney, and let lodgings there—on Sunday, 9th May, I let the first-floor back to the prisoner King, and he paid me 2s. deposit—he said that he was a silver-plater, and was single, and his mother could find him some bedding—all he wanted was to put up a little bench—I said there are some boards outside, you can use them—he came in next morning, but I was at work at the time—when I came home I heard him at work, and took him up a cup of tea, two slices of bread-and-butter, and a rasher of bacon, but the door was fastened—Mr. Alson, who was inside with King, came and took it from me—Alson occupied the front-room first-floor—Alson brought King on Sunday, and introduced him—Alson brought some furniture—when Alson took the food in there was someone there—I do not know what King used the room for.
Cross-examined. Q. On what day did Alson come? A. On the Friday before—I never saw Tigg there.
JOHN TURNER . (Police Inspector K). I received information from Alson, and went to 6, Eltham Place, Stepney, on 11th May, or early on the morning of the 12th—Alson was at the Police Court the first day, and was ordered to attend again but did not—I obtained a summons and tried to serve it upon him, but could not—I went with Brannan in the middle of the night, and saw these articles found—I found this piece of a mould and this file with metal in its teeth—I heard it stated to King at the station what had been found in his room, and he said, "Quite true"—it was said that some pieces of plaster of Paris had been found which appeared to have been used for making counterfeit coin—he said, "Very likely"—Tigg was present but made no observation.
Cross-examined. Q. Was the galvanic battery produced at that time? A. Yes.
WILLIUM STEELS . I keep the Earl of Derby public-house, South Hackney—on 11th May I served Tigg with a half-pint of beer—he gave me 1s.—I told him it was bad, and put it to my teeth—I put it on the counter—he said, "I do not know where I got it," paid with a good one, and went away with the bad one.
JULIA GARRETT . I am barmaid at the Royal Oak, Dalston—on 11th May I served King with a half pint of beer—he offered me a 6d.—I saw it was bad, and handed it to a customer, who bent it; and King broke it, threw it on the ground, and said that he did not know it was bad—he gave me a good 6d. and went away.
JAMES BRIDON . (Police Sergeant K). I took King at Tigg's house, 3, Church Path, Stepney, close to 6, Eltham Place, about 10.30 on the night of the 11th—I told him it was for having implements for making counterfeit coin in his possession—he said, "Oh, indeed; you need not hold me, I will go quietly with you"—we conveyed them both to the station—I went to 6, Eltham Place, and brought away this tissue paper and galvanic battery, which was lying in a desk at the station—and King said, "Oh, I see you have got my machine there."
WILLIAM WEBSTER . I am acquainted with the manner of making counter-felt coin and the implements used—all these articles might be used for making counterfeit coin—here is part of a mould for a 6d.—it has the knerling and the lettering—a galvanic battery is an essential machine for coining—there is always a kind of coil to put the coins in.
NOT GUILTY .
MR. CRAUFURD. conducted tile Prosecution; and MR. WILLIAMS. defended Radnor.
HANNAH COOK . I am barmaid at the Noah's Ark, 313, Oxford Street—on May 24th, between 3 and 4 o'clock, I served Harris with a glass of stout—he gave me a florin—I bent it very easily, and told him it was bad—he said that he took it in change for a sovereign—he took it back and paid me with a good half-crown and left—he was alone.
FRANCIS WARD . I keep the Red Lion, Old Cavendish Street—on 24th May I saw my barman serve Harris with some beer—he tendered a bad florin, which the barman handed to me—I bit it, and made two holes in it, saying, "We have so many had coins, I shall deface every one of them"—he
said that he was very sorry, he did it unknowingly; Good forbid that he should pass bad money knowingly—he paid with good money and left—I followed him to Cavendish Square, where be remained against the railings for some minutes, and then walked towards Holies Street, and was joined by Radnor—they stood conversing two or three minutes, and I saw their hands together as if they were passing something, but I was twenty or thirty yards away—they walked down Holies Street, and I ran back and met them at the reverse end, still together—they went towards the Circus—Harris went into the Scotch Stores, and Radnor remained outside, by a jeweller's shop, about ten yards off—Harris came out in four or five minutes and joined Radnor—they stood at the corner giving me time to speak to a detective who I met—they then went up Phoenix Yard—I went to the reverse end and met them at the corner—they went up Princes Street, and stood talking a quarter of an hour at the corner of Phaenix Road—Radnor had a paper, and I saw their hands together—Harris then went into the Phaenix, and I went in after him but into another department—Radnor walked up Castle Street, and after I had been in the Phoenix some time Radnor came in—Harris called for a glass of stout, and the barmaid said "This is a bad florin"—I then gave information.—a constable was sent for—and the prisoners then denied all knowledge of each other—they were given in custody—the prisoner asked for the florin—Harris said, "I know nothing about it"—but it was found at his heels—I had seen his hand move behind him.
Cross-examined. Q. Was Radnor searched? A. Yes—no bad coin was found on him—he was perfectly sober.
CATHERINE GEORGR . I am barmaid at the Phoenix public-house, kept by Mr. Foster—I served Harris with a glass of stout; he gave me a florin—I saw that it was bad, spoke to Mr. Foster, and then returned it to Harris, telling him it was bad—he said he was very sorry, God forbid that he should pass such a coin, but he had received it in change for a half sovereign—it was a little smooth on the side of the edge—Mr. Ward came to the other side, and said that the two men had been to several houses, passing counterfeit coin—Radnor then came, a constable was called, and they were given in charge—the same florin was found on the floor.
WILLIAM TIMMS . (Policeman 236 D). I took Harris—he put his hand behind him—I found the florin at his heels—I found on him at the station two shillings, seven sixpences, and 10 1/2 d. in copper, and on Radnor five shillings, two sixpences, and 7d. in copper.
JOHN STAINES . (Policeman 123 C). Mr. Ward pointed out the prisoners to me near the Scotch Stores, Oxford Street—they joined at the corner of Phoenix Yard, and I followed them; I was in plain clothes—they put their hands together to and fro, and appeared to be counting money—Harris went into the Phoenix public-house, and Radnor leaned on some railings—I told him I should take him in custody—he said, "What do you take me for, I know nothing of this man; he asked me to show him the way to Regent Circus."
Harris produced a written defence, stating gnat he received the coin in change for a half-sovereign, and did not know it was bad.
Nine Months' Imprisonment each.
523. ROBERT ANDERSON (18) , to breaking and entering the dwelling-house of William Hudson, and stealing five coats, his property— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, June 8th, 1869.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. POLAND. conducted the Prosscution.
GEORGE STURGE . I live at Northfield, Kent—on Friday, 21st May, about 1 o'clock, I was inside a hoarding in the Poultry, about to look at some Roman pavement that had been discovered there—I had a watch in my fob, with a chain and seals attached, it was pulled out of my pocket—I saw the prisoner the moment I felt the watch was gone—he darted under the barrier—I took hold of his coat, but could not keep him; he escaped from me—somebody else tried to detain him, but he escaped and got across the new sewer, and was then in a minute in the hands of the police—I went up, and my watch was then in the constable's hand—this is it.
Prisoner. Q. Did I take your watch from you? A. I have no doubt you did—you did not stoop down and pick it up when I complained of losing it.
WILLIAM NEWCOMB . (City Policeman 104). I was on duty inside the hoarding—I heard a cry of "Stop thief!" and saw the prisoner running across some scaffolding that is erected over the sewer—I stopped him, and took him by the collar—someone said he had robbed a gentleman of his watch—I put my hand into his left trowsers pocket, and pulled out a handkerchief, and as I did so he put his right hand into his right trowsers pocket and pulled this watch out, and endeavoured to pass it to somebody behind him—a gentleman took it from him and gave it to me, and the prosecutor came up and identified it—when the prisoner was charged he said that I put it into his pocket.
Prisoner's Defence. There was a great crowd; I picked the watch up and went away with it.
GUILTY .—He further PLEADED GUILTY. to a previous conviction at this Court, in April, 1863, when he wad sentenced to six years' penal servitude.
Ten Years' Penal Servitude.
MR. BESLEY. conducted the Prosecution, and MR. RIBTON. the Defence.
ROBERT SHELLEY . I am a cabinet-maker, of 32, St. John's Terrace, Hackney Road—on the morning of 9th May, at 1 o'clock, I was going home, and about eight yards from my house I was knocked down, just as I turned the corner, by a blow from behind, on the back of my head—I did not see
anyone before I was knocked down, or hear any footsteps—I was sober—I was returning from the theatre—when I was down they began to rifle my pockets—there were two of them—I could not distinguish their features, but I know the prisoner was one of them, by the light coat he had on—my clothes were torn right off me, and a half-crown and a shilling taken from my pocket by the other man while the prisoner held me down—there was a lamp directly opposite where I was knocked down—I did not call out at all; I could not—as soon as they let me go I got up—they went round the corner—I then cried, "Stop thief!" and Police!" and I had not got more than six yards before I saw the prisoner in the hands of the police—I only lost sight of him for two moments—the person who first stopped him is not here, but he walked with me to the station—I don't know what became of the second man—I have no doubt that the prisoner is the man who held me down.
Cross-examined. Q. What became of the man who you say stopped the prisoner? A. He went away—he gave his address, and said he would appear, but he did not—I had only had one glass of beer with a friend as I came out of the theatre—I did not see who knocked me down—it was while I was on the ground that I identified the man in the light coat—that is the only way in which I identify the prisoner—the lump was not a yard off—I lost sight of the one that got away, but not of this one—I was a little stunned by the blow, but not to have any effect—I was alone—my friend had left me some time before.
RICHARD HANSON . (Policeman N 193). I was on duty in Hackney Road, near St. John's Terrace, on this morning, and heard the cry of "Police!" about seventy yards off—I ran in the direction and saw the prisoner stopped by a gentleman about thirty yards from where the prosecutor was knocked down—the gentleman said, "This is one of the two who were running"—I took the prisoner to the prosecutor, who was then about ten or twelve yards away, and he charged him with assault and robbery, in company with another man—the prisoner said he knew nothing at all about it.
Cross-examined. Q. Did the gentleman give his name and address? A. Yes, I went there, but could not find him—the prisoner said he knew nothing about it.
THOMAS BROOKS . (Policeman N 205). I was with Hanson when we heard the cry of "Police!"—we both ran and saw the prisoner in the hands of another person—there were several persons about the road, but no one running.
The prisoner received a good character.
NOT GUILTY .
MILSON PLEADED GUILTY .— Twelve Months' Imprisonment.
MR. PATCHRTT. conducted the Prosecution; and MR. MONTAGU WILLIAMS.
JOHN BIRKBECK . I am manager to Messrs. Lockett & Judkins—the three prisoners were in their employ—on 12th April they had an order from White Lion Wharf to go to the Camden depot, and load six tons of coal.
Cross-examined. Q. How long have you known Boyd? A. About five years—he has borne a good character, with some exceptions—he was in the employ five years, of and on—our customers on two occasions complained.
of him, once for attempting to take away an old sword and scabbard from a cellar, and once about a handkerchief that was missing; but we could not prove it—Filkins was his trouncer.
JOSEPH WALTON . I am wharf clerk, at the Camden coal dept. of Messrs. Lockett & Judkins—on 12th April, I delivered four tons of coal to Boyd, and two tons to Milson; the four tons were in a wagon, and the two in a van—Filkins was trouncer to the wagon—the van left about half an hour before the wagon—Milson was in charge of the van, and Boyd of the wagon.
JAMES HATCH . I am servant to Mr. Dupre of Portland Place—on 12th April some coals were delivered at my master's—the wagon came to the house first under the charge of Boyd—I had occasion to go down the street, and saw the van, and Milson lying with his head on the shaft; I thought there was a small quantity in it, and I walked round it, and counted ten full sacks, and some empty ones—I went and spoke to the butler, and when I came out again the van had drawn up alongside of the wagon, and they began to unload from the van, before the wagon load was completely discharged; they discharged all the coals while I stood there—I did not count the number of empty sacks, Boyd wished me to—when they had done, I said to them, "There is some more to come, is there not?"—Milson said, "Oh no, there is the right quantity of sacks there"—I said, "There is the right quantity of sacks, no doubt, but 'where are the coals?"—he assured me that it was all right—I said, "I am sure they are not, I shall go and tell the butler"—Boyd wished me to count the sacks, when I was going away—Filkins was there.
Cross-examined. Q. Four tons were delivered from the wagon? A. Yes; and two tons ought to have been delivered from the van.
HUGH GARNER . I am butler to Mr. Dupre—on 12th April, I received some information from Hatch—after the coals had been discharged, Milson and Filkins' came to me, and asked me to sign the ticket—I said "I believe the quantity of coals was not put in the cellar," and I refused to sign it; it was a ticket for two tone—Milson was very tipsy, he and the trouncers tried very much to persuade me that the coals were all right; but I refused to sign, as I knew perfectly well that the coals were not put in—Boyd came to me afterwards, with Milson, and asked me to sign the tickets—I refused to sign Milson's—Boyd said, "You will sign mine?"—I said, "Yes, I will sign yours, because I believe you have delivered the proper quantity, but I won't sign Milson's"—Boyd asked me to look over it this time, and if I would, he said he or we will bring you a ton to-morrow or the day after—I said I could not do that, because I had already spoken to Mr. Dupre, and he had instructed me to write to Messrs. Lockett & Judkins, and to lock up the cellar.
Cross-examined. Q. Did you sign Boyd's ticket? A. Yes, he delivered his quantity all right—Milson was very drunk, but Boyd was not.
DAVID HAWKINS . (City Detective). I apprehended the prisoners—I took Milson first on 15th May—I took Boyd on the 17th—I told him the charge—he said he knew nothing about it—I took Filkins afterwards—he said, "I had very little to do with it, I did go with Milson, and we sold the coals for 14s.
Filkins. I had none of the money.
Boyd received a good character.
BOYD— GUILTY.—Recommended to mercy — Six Months' Imprisonment.
FILKINS.— GUILTY .— Four Months' Imprisonment.
MR. LWIGH. conduced the Prosecution; and MR. RIBTON. the Defences.
CHARLES SPIERS . I am carman to Mr. Plumridge, fruiterer, of 111, Fleet Street—on Friday, 7th May, about 7.30, I was in charge of a one-horse van, in Thames Street, opposite Botolph's Lane, counting thirteen boxes of oranges—I had occasion to leave the van for five or seven minutes to go into a shop for some potatoes, and when I returned it was gone—I saw Walker standing at the horse's head, when I left the van, and two others with him, who I can't identity—I saw the van again on Saturday morning, in possession of the police, but not the oranges—they were worth 1l. a box—the horse and van were worth 70l.
EDWARD SAUNDERS . I am carman to Mr. Scott, a fruiterer, of 119, Drury Lane—on Friday evening, 7th May, I was with my van in Thames Street, in front of Mr. Plumridge's van—I saw the last witness leave it—I saw the prisoners together at the corner of Botolph Lane, with another not in custody—the other got on the van and drove it away, and the prisoners followed it along Thames Street on the run—Martin spoke to me and said, "All right, Scott, take no notice."
Cross-examined. Q. Were there a good many people about? A. Yes, and vans and people going each way.
COURT. Q. Did you see the prisoners before the third man got up into the van? A. Yes, standing in Thames Street—they were not near the van when I first saw them, but when I saw the man go away with it they were walking up towards it—they were not with the third man.
CHARLES THOROGOOD . I am porter to Mr. Scott—I was with last witnees in his van—I saw the prisoners just by our van—Martin came up to us and said, "Take no notice, Scott, it is all right"—I then saw a man get up into Mr. Plumridge's van and dive it away, and the prisoners followed it on the run—I had not seen them with the third man before that.
WILLIAM BALDWIN . (City Policeman 737). On Saturday evening, 8th May, I apprehended the prisoners at a public-house in Spitalfield—I told Walker I wanted him for being concerned with two others in stealing thirteen boles of oranges from a van in Lower Thames Street last night—he made no reply.
Cross-examined. Q. Did he not say that he knew nothing about it? A. Not then—he did afterwards—after the remand, when he was taken below, he said, "I'm d—d if I should not have got off if I had not spoken to Scott's man that night."
NOT GUILTY .
MR. PATER. conducted Me Prosecution; MR. BROOKS. appeared for JOINER, and MR. MONTAGU WILLIAMS. for JONES.
May, about 6 o'clock, I was looking out of my window and saw the prisoner Jones run across a garden with a clock in his hand—he ran to a hedge—I then saw him leave the hedge without the clock—Joiner was standing in the road a little further down, watching—I then saw Jones climb over the wall of Wilton Lodge—it is rather a high wall—I saw him after that at the window—I went in and told my mother—when I looked again I saw Jones coming from the front gate of Wilton Lodge, and Joiner with him, carrying a bag—, Jones passed an umbrella to Joiner—they were watching about—there were two more besides—Joiner and one of the others went up to the hedge, but I did not see what they did there, because of the wall—I went up the side way and watched them—they were then all four walking together, Joiner carrying the bag—this (produced) is the bag—I gave information to the police, and they were afterwards apprehended.
Cross-examined by MR. BROOKS. Q. Where were you? A. Looking out of my bed-room window, which looks out on the back side of the New Road—Wilton Lodge stands back from the road—Ravenscroft Row lies between our house and Wilton Lodge—the window I saw Jones at was over the police, higher than the wall—I saw Joiner in the New Road, and also in Ravenscroft Row, because when anyone came along he was obliged to walk on and change places.
Cross-examined by Mr. MONTAGU WILLIAMS. Q. How far off was Jones when you saw him hand the umbrella? A. About twenty-five yards.
MARY ANN CALCOMB . I am in the service of Mr. Morley—on the night of 6th May I secured the fastenings of the house—the window over the portico was secured by an ordinary catch—I put up the chain to the front door—in the morning I found the door open and the catch put back—the door leading into the garden was also open—I had closed that the night before.
CHARLES MORLEY . I live at Wilton Lodge, New Road, Hammersmith—these clocks, umbrella, ink-stand, and envelopes are my property—they were safe in my house on the night of 6th May—a coat was taken away; the value of the property taken is about 7l.
GEORGE WHITE . (Policeman T R 50). On the morning of 7th May, Lewis gave me information, and pointed out the two prisoners; Joiner was carrying this bag, containing the things produced, and the umbrella in his hand—I obtained assistance, and stopped them—I asked Joiner what property he had—he said it was property he had picked up by the side of the road—I told him I should take him to the station, which I did, and found these things in the bag.
Cross-examined by MR. MONTAGU WILLIAMS. Q. Were the prisoners waking together? A. No; separately when I saw them, one on one side of the road, and one on the other, nearly twenty yards apart.
Cross-examined by Mr. BROOKE. Q. Did not Joiner say it was property he had had given him to carry? A. He said so at the station.
Twelve Months' Imprisonment each.
NEW COURT.—Tuesday, June 8th, 1869.
Before Mr. Common Serjeant.
MR. BOLLAND. conducted the Prosecution; and MR. BESLEY. the Defence.
NOT GUILTY .
MR. LEIGH. conducted the Prosecution.
JOHN MOGGINNT . I live at 95, Belgrave Street, Stepney, and am fore-man to Benjamin Boucher, a corn merchant—the prisoner brought me this letter to the warehouse, he was a stranger to me—(Read: "Messrs. Boucher. Please to deliver to bearer two sacks of split peas. Yours, & C., W. J. Whipper")—I supplied him with the peas, as I knew Mr. Whipper—they were worth 54s.—he took them away on a truck.
Prisoner. Q. Did I say that I came from Mr. Whipper? A. No.
WILLIAM JOHNSON WHIPPER . I am an oilman, of 134, Cable Street—I do not know the prisoner—this note is not hi my writing, or written by my authority—the signature is not mine—I deal with the prosecutor.
Prisoner's Defence. On Whit Monday I was sent for the peas by a man named Harrison; I was to receive 5s. for taking them. I took them, and the man gave me a half-crown. They were found at the place where they were left.
COURT. to JOHN MOGGINNY. Q. Was the order made out to Harrison? A. No; the note was signed by the name of Ayres.
Prisoner. The delivery note was made out in the name of Harrison, the clerk made it out Witness. The two sacks were sold at 10s. each, their value being 54s.—the prisoner and I went together to hire the barrow, I told him he could get one opposite, and went with him; the man then stated that he would do it for 2s. 6d., the man wheeled the barrow and the prisoner pushed behind—the costermonger is not here.
Prisoner. I told you where the barrow was engaged, where they were going to, and that was the place I left them at, and where they were found. I was sent by Harrison, the delivery note was in his name; I took the peas where I was told to take them, and got 5s., half-a-crown for myself, and half-a-crown for the man.
NOT GUILTY .
533. WILLIAM CAMBRAY (31), and RICHARD STRATTON (21) , Burglariously breaking and entering the dwelling-house of Samuel William Seaton, and stealing therein one dish, 8lbs. of sausages, and other articles, his property, to which
STRATTON PLEADED GUILTY . *— Twelve Months' Imprisonment.
MR. BULLEY. conducted the Prosecution.
SAMUEL WILLIAM SEATON . I am a pork butcher, at 17 and 23, Walmer Terrace, Notting Hill—on 12th May I went to bed at 11.30, leaving my shop fast—I was aroused about 2 o'clock, and the constable showed me some pork, value above 10s., which was safe in my shop window when I
went to bed—Stratton was in the constable's custody, and one of the shutten had been removed—there is no glass to the window.
SAMUEL HARRIS . (Policeman X 232). I was on duty on this morning, and saw Stratton in the "Potteries," 150 yards from the prosecutor's shop, coming from it—he saw me coming, and threw away a dish of meat which he had, and ran away—I pursued and caught him—I scarcely lost sight of him for two seconds, turning the corner—I said, "What did you throw away?"—he said, "I did not take it"—I took him back, and found a dish, three pieces of cooked meat, and some black pudding—I then locked him up—Inspector Charlwood came up.
JAMES CHARLWOOD . (Police Inspector X). On 12th May I found Stratton in custody—I went to Cambray's lodgings—I knew him by the name of Country Bill—I knocked at the door, and asked if he was in—they said "No"—I said, "I know he is, I want to see him"—the door was then opened; I went up stairs, and found him in a cupboard with the door locked—he had on all his clothes but his coat—as soon as he saw me, he said, "So help me God, I have not been in the 'Potteries' to-night"—I said, "I want you for breaking into Seaton's shop, and stealing some meat"—he said, "I know nothing about it, you have got the wrong man; it will take a b—lot of you to take me"—he resisted at first, and I had to get the assistance of a sergeant and constable, to whom I handed him over—I found on him a knife and some silver.
Cambray. Where did I resist? Witness. In the road, and you tried to throw me down stairs.
HENRY BRANNAN . (Police Sergeant X 4). On 12th May, about 2 o'clock, I was passing, and saw Mr. Seaton's shutter down, and directly afterwards heard a cry of "Stop thief" and saw Cambray fifteen yards off, running away—I pursued him about 300 yards, but lost sight of him—I returned to the shop, and saw Stratton in custody—Charlwood came up, and I went with him to Silchester Mews, and was present when Cambray was found in a cupboard—he was violent—there is no wall to the staircase, and he tried to throw us both down—I found some saveloys in the direction he had run—the prosecutor identified them.
FRANCIS HUTLEY . (Policeman X 32). I was on duty at Notting Hill, heard a cry of "Stop thief!" and saw Stratton running—I had seen the prisoners together, about twenty minutes before, in the fields at the back of the "Potteries."
CAMERAY— GUILTY .— Nine Months' Imprisonment.
THIRD COURT.—Tuesday, June 8th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. GRIFFITHS. conducted the Prosecution; and MR. STRAIGHT. the Defence.
SAMUEL LYTHEL . (City Detective 169). On 4th May I was with another detective named Randall, in Newgate Street—I saw the prisoner cross Newgate Street, to Ivy Lane, with this handkerchief on his shoulder—I followed him, overtook him, and said, "What have you got in that bundle?"—at first he made no reply—I asked him again, and he said he should not tell us—I then saw that it was soap—I said, "You have got some soap there"—he said, "I know I have"—I asked him where he got it from—he
said, "I bought it to-day of a man in Smithfield"—I asked him what the man was, and he Mid he did net know—he said he worked at the Old Royal Baths, in Bath Street, Newgate Street—I have seen the prosecutor's premises—the rear of the baths abuts his premises—on the way to the station the prisoner said, "I bought it on the crow, but I am not going to round on the man I bought it of—I took him to the station, searched him, and found in his handkerchief four cases of perfume, thirty-four cakes of soap, and in his pocket one of the same pieces of soap—he refused to give his address—I made inquiries, found out where he lived, and I found property at his lodgings.
Cross-examined. Q. Was he not taken before Mr. Alderman Causton, at Guildhall, and charged with unlawful possession? A. Yes, I think so—he was then remanded—he was represented by a solicitor there—I was not in Court at the opening of the case before the Magistrate.
HENRY RANDALL . (City Detective 168). I ascertained that the prisoner lived at 2, Victoria Place, New Cut, Lambeth—I went there with the last witness, searched, and found this box, containing ten bottles of Eau de Cologne, six empty glass stopper-bottles, and some labels, with Mr. Mather's name on them—I saw the prisoner afterwards, and he made a statement to me—I said to him, "Tilley, I found out where you lived; I suppose you know what we have found?"—he said, "Tee, the things were got from the window, by the ladder, but the ladder was not brought there for the express purpose"—I have seen the premises—a person could get in the way stated by the prisoner.
Cross-examined. Q. Do you mean to say he volunteered that statement? A. He was not asked for it—I did not say to him, "If you will tell us about this we will make it right for you"—another constable was with me—I was present on the first occasion before the Magistrate.
CHARLES STUART . I am manager to Mr. Mather, a druggist and sundriesman, at 14, Bath Street—these goods are ours—we keep such articles on the first-floor—these perfumes are similar to those we hare in stook—these labels are ours.
Cross-examined. Q. I suppose you supply a great many perfumers? A. We do—we do country trade, and not much in London—I can swear that these articles are manufactured by us—I can't swear to the soap—that is of foreign manufacture.
GUILTY .— Twelve Months' Imprisonment.
MR. COOPER. conducted the Prosecution.
CHARLES HEALEY . I live at High Street, Liverpool—my son alto lives in Liverpool—about the beginning of May I expected from him three bales of goods—he notified to me that they had come—one of them consisted of blankets and bedding—the other two contained men and women's apparel—the value of these two bales was 71l.—on 6th May I saw the prisoner at the Oakley Arms—I told him I would give him 5s. if he would go to the railway to receive some goods—I had never seen him before—he went with me to King's Cross—I asked for one of the three bales, which was given to me—that one contained the blankets and bedding—I told the prisoner the value of the other two bales—I took the one out to pay the carriage of the other two—I went with the prisoner to a pawnbroker's, and pawned the bale—I gave the prisoner 5s.—he went away, and I did not see him again till
he was in custody—I went to King's Cross to get the remaining bales, and I was then shown an order for their delivery, showing that someone else had taken them away—I did not give the prisoner or anyone else authority to receive the two bales that were left—the order is not in my writing—I saw the prisoner on the 3rd, in the Waterloo Road, and gave him into custody—he was wearing a coat, a shirt, and handkerchief, which had been taken out of one of the bales—I am quite positive of that—I never gave the prisoner any of those goods, or anyone else.
ALFRED WORN . I am a porter at the goods office of the Great Northern Railway Company, King's Cross—previous to Thursday, 6th May, three trusses of goods were deposited there, in the name of Mr. Healey—about 1 o'clock on that day Mr. Healey and the prisoner came to the office, and on receiving an order from the delivery clerk, I handed to Mr. Healey one of the three trusses, and he took it away—next day, the 7th, the prisoner came to the office with another man, between 8 and 9 o'clock—the delivery clerk handed me this order (produced)—I was at the counter at the time—I handed the prisoner the two remaining trusses, and I assisted them to load them into a cart which they brought with them—I did not see what name was on the cart—they then drove away—I am quite sure the prisoner was the man who came before with Mr. Healey.
JOSEPH STILE . I am a delivery clerk at the goods office of the Great Northern Railway—on 7th May, the prisoner came and produced this order, purporting to be signed by Mr. Healey—I made an entry of it, and he signed some name in the delivery-book, which I cannot read—he paid 1l. 1s. 7d. for the carriage—I then gave him this order (produced), to take to the delivery porter—I did not see him receive the goods—I am quite sure the prisoner is the man.
WILLIAM RANCE . I am a constable in the service of the Great Northern Railway—on the morning of 7th May I saw the prisoner and another man in the goods shed—I saw Worn assist them in putting two trusses of goods into a cart—I am quite sure the prisoner is the man.
HENRY HOUGHAM . (Policeman L 159). On 13th May, between 5 and 6 o'clock in the morning, the prisoner came to me, and said that he understood that he had been looked for—I asked who had looked for him and where—he mentioned the Oakley Arms, in Oakley Street—I had him detained, and went there—I found out where the prosecutor lived, and asked if he had lost anything, and if he wanted to give anyone in custody—the prisoner said he was innocent of the charge Mr. Healey gave him in custody for; that the coat was given to him on the 6th, out of the bundle where the bedding was.
Prisoner's Defence. Mr. Healey gave me the coat and shirt when we went to the pawnbroker's shop. He said, "There is the jacket I promised you, and he gave me the coat I am in now.
GUILTY. *— Judgment respited.
MR. LANGFORD. conducted the Prosecution.
ROBERT NEWSTEAD . I am a commercial traveller, and live at 1, Gains-borough Square—on the 5th May, I met the prisoner in Paternoster Row—he asked me if I would buy a pawn ticket—I said, "No"—he showed me these two tickets (produced)—he said he had bought them—I took them of him, and went over the water to look at the gloves—I took
two dozen gloves out of pledge, and pledged them again at Attenborough's in Newington Causeway, for more than I gave—I got 6s. profit by it—I gave the prisoner 3s. 6d., and kept the half-crown myself—he gave it to me for my trouble—I met him again next day, and on the Saturday he gave me four tickets—I went to the pawnbroker's and redeemed three dozen gloves, for which I paid 27s.—I afterwards re-sold them at a pound a dozen—I gave the difference to the prisoner—there was a ticket for some neck-ties amongst the four that he gave me—I went and looked at them, at Lawley's, in Farringdon Street, and then I thought they were traveller's samples—I took them out of pawn, and took them home with me, and took them back on the Monday morning to the prosecutor's, with the tickets—I have known the prisoner two or three years—I have known him to get drunk.
Prisoner. I was very much the worse for drink when I met him.
GEORGE PHILLIPS . I am assistant to John Attenborough, pawnbroker, 80, Newington Causeway—on 1st of May, Newstead pawned two dozen pairs of gloves with us—he gave the name of John Williams—these are the gloves.
WILLIAM WHITE . I am assistant to Mr. Bravington, of 51, Princes Street, Leicester Square—on 20th April the prisoner pawned these neckties—he said they were his property—he came again with some gloves; his wife came in and said they did not belong to him, and he was only pledging them for drink, and we refused to buy them—he gave the name of Thompson.
GEORGE WILKINSON . I am a clerk to Messrs. Charles George Uphill & Co., glovers, Gary Lane—the things which have been produced belong to the prosecutor—they were entrusted to the prisoner's care—he was employed as traveller, and took them out as samples.
CHARLES GEORGE UPHILL . I carry on business, with two others, at 3, Cary Lane—the prisoner has been in our service three or four months—he had 30s. a month, and 5 per cent commission—it was his duty to carry out samples of gloves, and take orders—he was not allowed to sell or part with his samples—about the middle of April he had some gloves given him to take out as samples—he did not return with them—on Saturday, 8th May, I met him coming out of a public-house—I asked him how it was he had not made his appearance for three weeks, and inquired after the samples—he said he would make them good in the course of time—I said that would not satisfy me—he said he had got rid of them; that he had pledged some, but he was so drunk he could not tell me where they were—the short time he has been with us he has been a very good man of business—the value of his samples was 23l. or 24l.—his duty was to return them every other evening.
Prisoner. Q. Did you say you were not disposed to prosecute? A. I do not think I did; I may have, but I do not recollect it.
The Prisoner's statement before the Magistrate: "I have used my best
endeavours to recover the goods, and only a small portion is not recovered by the prosecutor."
Prisoner's Defence. I have given every information in my power. I believe nearly the whole of the property has been recovered, and of course I shall make up whatever lose there is. I was not aware that the goods had been disposed of in the way that Newstead described at the Mansion House I have never been in prison before, and I will make up the loss as much as I possibly can.
The prisoner received a good character— GUILTY. Strongly recommended to mercy by the Jury and Prosecutor.—Judgment respited.
MR. BROOKE. conducted the Prosecution.
SAMUEL EDWARDS . (Policeman B 184). On Saturday, 15th May, I was on duty at Stockbridge Terrace, Pimlico—I saw the prisoner there, about 7 o'clock in the morning, carrying some knives and a pair of boots under his arm, and another pair of boots in his pocket—I asked him how he came possessed of them—he said he was a dealer in old knives and boots—I said, "There is a new pair"—he said they were all his—on the way to the station he said that I could have them if I liked—I asked him where he lived; he said Hounslow—I charged him at the station—I searched him, and found this knife in his pocket, broken—he was remanded for a week, and the prosecutrix came down and identified the property—he had a handkerchief in his pocket, with blood on it.
MARY ANN BARKER . I live at 5, Clifton Terrace, Spring Grove, Houns-low, with Mrs. Draper—on Friday night, 14th May, I went to bed between 10 and 11 o'clock—I locked up the place; all was safe then—I got up next morning at a little past 7 o'clock, and found the things in disorder—the kitchen window was wide open, and a pane of glass broken.
CHARLES BLAKE . (Police Sergeant T 34). On Saturday morning, from information, I went to Mrs. Draper's house, examined the, premises, and found that an entry had been effected by the kitchen window—a pane of glass was broken, by the catch—there was blood on the window sill—I saw the prisoner in Hounslow the night before the robbery—I found a out on the prisoner's right hand.
Prisoner's Defence. I bought the things about an hour before I was taken in custody. At 12 o'clock I was at Hammersmith.
GUILTY . *— Twelve Months' imprisonment.
MR. COOPER. conducted the Prosecution; and MR. STRAIGHT. the Defence.
GUILTY. of an indecent assault. — Two Years' Imprisonment.
MR. LAMB. conducted the Prosecution, and MR. BROMLEY. the Defence.
struck me a violent blow in the eye and knocked me down flat on my back—his hands were in my waistcoat pocket directly—I told him he was deceived, and there was nothing for him, and he ran off—I feel the effects of the blow now.
Cross-examined. Q. Was there anything in your pocket? A. There were three penny pieces, but he did not feel them—this happened in New Compton Street, near St Giles' Church—I had been to the City—I had not been into a public-house since I left the City—I had been to my club—I was not coming out of a public-house when the blow was struck—I had not been into a public-house with the prisoner just before, and had a quarrel with him—I had had two glasses of ale about an hour before, in the City—I was not the worse for drink—I was quite sober—I did not have a quarrel with anybody.
Cross-examined. Q. Did not you say when you saw the two men, "You were both of you drunk?" A. No—I did not say it was no use looking him up—I came round the corner and saw the prisoner running, and stopped him—I did not see the blow struck—the prisoner was the only one I saw running—a man came from the other side of the street, and said the prisoner was the one who knocked the man down.
The prisoner received a good character.— GUILTY.—Recommended to mercy by the Jury. — Twelve Month' Imprisonment.
OLD COURT.—Wednesday, June 9th, 1869.
Before Mr. Justice Mellor.
MR. DALY, for the Prosecution, offerted no evidence, the Grand Jury having ignored the Bill.
NOT GUILTY .
MR. POLAND. and MR. BESLET. conducted the Prosecution.
THOMAS DUFFY . In September last I was third mate on board the Hertfordshire, British ship—the prisoner was a seaman, and the deceased the second mate—I remember the 15th of that month—about 9.30 in the morning I was in the hold of the ship, and found that two cases of bottled beer had been broached—I reported it to Window the chief mate immediately, and he and the carpenter went into the hold, followed by some of the watch—when I came out of the hold again I heard the chief mate speak to the prisoner—a quarrel had taken place this morning, about 8 o'clock, between the chief mate and a man named Look, and the chief mats struck him—the prisoner came up and said, "Don't too many get on one man"—I told him not to interfere—Lock was put in irons, and the prisoner was sent aloft to work—he was coming down just at the time I was leaving the hold—the chief mate then spoke to him about the beer, but I don't know what answer he made—he also asked him why he had come down from aloft, as he had not done a day's work—they had some words, and the chief mate made a grasp at him—the prisoner was close to the door of the fore-castle,
and attempted to get inside—the second mate, the deceased, at this time was coming up the hold—the chief mate and the prisoner were scuffling, and the second mate interfered—the three got hold together and fell, prisoner being undermost—I put my lamp down, and went to them—the chief mate was lying on the top of the prisoner, and the deceased was standing and kicking the prisoner on the head—the steward came forward and said, "Don't kick him, don't boot him, don't beat the man like that"—the chief mate and the prisoner then got up—I turned round to pick up my lamp again, and then I saw the chief mate with his hand against his breast—the prisoner seemed to be very much infuriated—the second mate was standing against the cabin door with his hand on the lower part of his belly—I did not see any blow struck—the prisoner was quite furious, and ran towards me as if he did not know where he was going to—the captain then came forward with a revolver, and said to the prisoner, "I will shoot you; do you mean to give yourself up?"—the prisoner then threw a knife away, and said, "I will give myself up"—I and the carpenter came aft and put him in irons under arrest—I afterwards saw the second mate in the cabin—there was a wound in his abdomen, on the left side, from which a large quantity of his bowels protruded—the wound was about six inches long—the captain sewed up the wound, and did all in his power, but the man died at midnight—the knife was a sheath-knife, common to sailors—I do not think the prisoner was under the influence of drink.
Prisoner. Q. Did you see that the mate had me by the throat, and the second mate by the hair of my head? A. Some person had hold of you by the hair, but I do not know who it was—I was there when you were struck by the chief mate, and I heard you sing out, "For the love of God, will someone save my life?"
COURT. Q. Had the mates knives of the same description? A. No—the scuffle on the ground lasted for more than a minute—I did not see either of them put his arms round the prisoner and pull him—the knife was bloody when it fell on the deck—I saw the chief mate push at the prisoner, but whether it was at his throat or not I cannot say—I remember seeing Wills take him by the hair when the prisoner was trying to get into the forecastle.
THOMAS GILBERT PHELPS . I was steward on board the Hertfordshire—I have been sent home from Francisco by the British Consul there—the crew numbered twenty-two men, the ship being about 800 tons burthen—I remember seeing the scuffle between the three mates and the prisoner, on the 15th September—they were endeavouring to pull the man out of the forecastle, and the chief mate was striking him with his fist—I heard him cry out, "For God sake, will somebody save my life!"—the first and second mates and the prisoner fell on the deck together, and as the prisoner lay on his back, the second mate regained his feet, and commenced kicking the man on the head—he kicked him six or seven times—I said, "Don't boot the man; don't kick him!"—the prisoner released himself, and sprang to his feet, and then drawing his knife from his sheath, he stabbed the second mate in the abdomen—the first mate was in the act of getting up, when the prisoner stabbed him also on the left ribs—I fetched the captain, and when he came on deck, the deceased was lying down, and his bowels were protruding from the wound, which was two inches in depth—the prisoner seemed to be in a passion.
have just arrived from San Francisco—I remember the disturbance with the man Lock on the morning of the 15th September, just after eight bells had struck—when Cranby, the prisoner, came from aloft, the chief mate asked him if he called that a day's work—Cranby said that he had been working—the mate said, "You will have to do a d—sight more yet"—Cranbyreplied, "I will do all I can"—the mate then said, "I am an Englishman "to which Cranby rejoined, "And I am a Yank,; and the mate then struck him—Cranby was making for the forecastle door, when the second mate laid hold of him, and the third mate came up, too—the three then dragged him to the forecastle door, where they fell—Cranby then called out, "Is there nobody who will save my life?"—the steward was coming forward with some knives in his hand, and called out to Wills not to boot the man—Wills was kicking at his head—Cranby then struck the second mate, and was making a rush at the first when I said, "For God's sake, Jack, no more of the knife"—Cranby said, "No, no;" and dropped it immediately—the captain then came on deck, and by his orders Cranby was placed in irons.
Prisoner. Q. Did I say anything when I went up aloft? A. No—I believe the captain did keep you without meat for four days—I did not hear the chief mate say that there would be some blood spilt that day—the captain and mate used to carry revolvers.
COURT. Q. Had the prisoner been drinking? A. I did not see the least sign of it.
WALTER M'CANISTER . I was an apprentice on board the Hertfordshire—I saw the chief mate give the prisoner, with his net, a cut down the eyes, and the second mate caught the man by the throat and knocked him down on the deck—I did not bee any of the disturbance which occasioned the death of the deceased, because I went to the wheel, and this occurrence took place before Cranby was sent up aloft—after he came down, I heard him use a threat, and say what he would do if they did not let him alone.
I remember the day of the deceased's death—Cranby was sent up aloft to tar the rigging, and when he came down for more tar, the chief mate said that he would have to do more work, and Cranby replied that he would do all that he could—the mate then said that he would have none of his nonsense, and he up with his fist and struck Cranby—the man then slewed round to get into the forecastle, when the three mates caught bold of him, dragged him back, and tumbled him—the third mate then slewed round, and went away, and did not further interfere—Cranby then sang out, "For God's sake, won't none of you save my life!"—the steward told them not to kick the man, but to take him aft.—Cranby then struck the second mate, and stabbed the first one in the breast—the second mate was a man apparently in good health—he looked a pretty strong stout man.
COURT. Q. What sort of a conducted crew were they? A. Very good—I have nothing to say against them—they were worked hard from day-light till dark, and we washed decks twice on a Sunday—the captain was a man of about thirty or thirty-five—he used to strike and kick some of them.
Prisoner's Defence. They used me very hard when I was in irons—I was lashed in a hot sun, and when I asked for water the captain presented a revolver, and said that if they brought me any he would blow their brains out For twenty-four hours I had nothing to eat, and for six days I was fed on bread and water. My hands were all covered with tar, and the rusty irons
made them sore; and for six days I bad no water to wash them. I could not move my head, and my jaws and ribs were swollen from the pain where I had been kicked, and blood run out of my mouth. I was senseless when I had the knife, and do not remember anything about. it The captain told all hands to stand back as he was going to blow my brains out with two revolvers, which he held in his hand. He said, "Do you give yourself up?" and then I looked at my hand and saw the knife, and threw it down immediately. They did not allow me to change my clothes, which had become filthy with vermin. When we got into cold latitudes, where there where was snow and ice, I could not keep myself warm, as my clothes were wringing wet from the water running down upon me. The captain defied me to look at him, as if I was a robber, and he told me he would blow my brains out if I did; and he threatened to hang me up by the heels, and set the dog on me.
GUILTY.—Strongly recommended to mercy by the Jury. — One Months' Imprisonment.
MR. DALY. conducted the Prosecution.
DANIEL REARDON . I am a shoemaker, and live at 249, Cambridge Street, St George's-in-the-East—at 4.30, on 17th May, I saw the prisoner driving a horse and cart in the Mile End Road—I heard him call out two or three times to an old lady, the deceased, but she took no notice—she was crossing at the right-hand side, and was knocked down by the horse and cart, which went over her—he did not call till such time as the old lady was run over—I assisted in conveying her to an hospital—she spoke, and gave her name—the reins of the horse were rather loosely held by the prisoner—the old lady was about three or four yards from the horse when he called out—he tried to stop the horse, but I believe it was coming at too quick a pace to enable him to do so in so short a distance—it was trotting, but I cannot say how many miles an hour.
ARTHUR GRANT . I was in the Mile End Road and "saw prisoner driving the horse and cart—an old woman was crossing the road—he was coming round a comer into the Mile End Road, from Cambridge Road, at a pace of between eight 'and nine miles an hour—when he got about five yards from the old woman he halloaed out, and made an effort to pull up, but his reins being slack he could not do so in a moment, and she was run over—the cart was laden with corn and flour—he tried to stop the horse after he cried out, but his reins being slack he went backwards into the cart, as it were.
THOMAS COLMER . I am house-surgeon at the London Hospital—on Whit Monday, an old woman named Mary Smith was brought in—she died the same evening—the cause of death was exhaustion from bleeding and a shock to the system, the result of some direct violence, such as being run over in the street.
Witnesses for the Defence.
WILLIAM SIMPSON . I am a labourer, and live at 24, Alfred Lane, Stepney—on the afternoon of Whit Monday I was in the Mile End Road, and saw the prisoner come round the comer from the Cambridge Road with his horse and cart—he was driving at the rate of three or four miles an hour—before he got to the woman he halloaed three times, and tried to pull
up, but she took no notice—he had the reins in his hand—he had nearly got across the road when the shaft caught her, and she wheeled round, fell all of a heap, and the cart went over her—when he called out he was leaning back in the cart, and pulling the reins—it was a very hard-mouthed horse—the old woman appeared to be very deaf, and not to anything—au omnibus was passing on the opposite side, or the man could have escaped her—the cart was coming down a hill.
WILLIAM GEORGE BARNES . I live at 1, Union Street, Whitechapel—I was sitting outside the door of the wine home, and saw the old lady with another—they had a pint of ale, and she was eating a bit of dry bread and some shrimps—she was going to meet her husband, and was cautioned as to how she crossed the road—I saw the accident take place—the prisoner was coming along at jog-trot, in the usual way, and from four to five miles an hour—I have been in the habit of driving all my life, and cam tell the pace pretty well—the prisoner shouted out three distinct times, "Wo, wo, no!"—he was sitting on some sacks, and he brought his back nearly to the level of them, when he tried to pull up—the old woman was about three and a-half yards from the kerb of the pavement—it is a wide street; and it is wide, too, at the turning from Cambridge Road—the road there has been improved—the prisoner was driving towards Bow.
CAROLINE WILLIAMS . I was sitting almost in front of the old woman when she got up to cross the street—she went towards the kerb, and I turned my head and saw the prisoner come from the Cambridge Road—in three or four minutes afterwards the accident happened—I heard the man halloa, and I saw that the woman had been run over—the prisoner was not driving at a fast pace.
WILLIAM BIBY . (Policeman K 174). I was on duty at the Mile End Gate, and saw the prisoner turn out of the Cambridge Road with his horse and cart—the distance from the comer to where the woman was killed was about sixty yards—he was travelling very fast—it was a one horse cart, laden with flour, and his reins were very loose—the old woman was about four yards from the kerb, by the wine-house—I heard him cry out once, when he was about five yards from the deceased—I did not perceive that he slackened his pace—he was going at a good swift trot.
Prisoner's Defence. I was coming from the Cambridge Road round towards Stepney Green, and this old lady was coming across the road. I happened to notice her before I was close to her. I had 26 cwt of flour in my cart, and could not go very fast As I halloaed to her, she appeared to be deaf, and walked under the horse's head; the shaft knocked her down, and the wheel went over her. I stopped, and told a policeman who was, and be left another officer in charge of the hone and cart, whilst I and he took the old lady to the hospital.
NOT GUILTY .
NEW COURT, Wednesday, June 9th and
OLD COURT, Thursday, June 10th, 1869.
Before Mr. Baron Pigott.
543. GORDON MARVIN D'ARCY IRVINE (50) , PLEADED GUILTY . to unlawfully receiving, to board and lodge, a lunatic, without an order, and without a medical certificate.— To enter into recognizances to appear and receive Judgment when called upon.
MR. H. S. GIFFARD, Q. C., with MR. POLAND, conducted the Prosecution; and
MR. METCALFE. the Defence.
ARTHUR HALL . I am a clerk in the Consolidated Three Per Cents. Office, Bank of England—on 9th October, 1867, a Mr. Uriah Miller attended at the Dank to transfer some stock—I have the transfer here—it is a transfer by Henry Thomas Maxted, of Gibraltar, by Miller, his attorney, of a joint account with Joseph Underwood, deceased, of a sum of 4550l. Consols, to Henry Thomas Maxted and Frederick Beswick, major in the army, and chief constable of the Birkenhead police, of 45, Hamilton Square, Birkenhead—I accepted that transfer on behalf of the Bank, and witnessed it—the stock would then stand in the names of Maxted and Beswick.
ALFRED PRATT . I am a clerk in the Bank of England—on 18th February, 1868, Mr. Miller produced a transfer for 333l. 6s. 8d., with this power of attorney for Maxted—the transfer purports to be signed by Frederick Beswick, and by Miller as attorney for Mr. Maxted—I witnessed it.
HENRY THOMAS MAXTED . I am treasurer to the Sanitary Commissioners of Gibraltar, and clerk in the Quartermaster's department—I have lived at Gibraltar all my life—I know the prisoner—I knew him twenty-four or twenty-five yean ago in Gibraltar, and I saw him one evening since, about the and of 1855 or the first part of 1856, when he was on his way from the Crimea—I saw him on several occasions twenty-five years ago—there was a Miss Cundy lived at Gibraltar, and a Miss Lobb in her employment, whom the prisoner afterwards married—I was not present at the marriage—I was in Gibraltar at the time—there were two Miss Cundy, Honor and Agnes, and a niece of theirs, named Marian Houghton, who afterwards married Mr. Booth of the Commissariat—Miss Cundy resides at Bedford now—I have always been on intimate and friendly terms with them, and frequently corresponded with them—I knew Miss Lobb very well before she became Mrs. Beswick—they stayed at Gibraltar fully a year after their marriage, and I saw them from time to time occasionally—I was not on terms of intimacy with Major Beswick—it was about the end of 1855, or it might have been 1856, that I saw him on hi way from the Crimea—I recognized him then and be recognized me—there was no difficulty on my part in recognizing him—I met him at Miss Candy's house—I heard that he had Arrived, and I went to the house on purpose to see him—I went there early in the afternoon, and remained till about 10.30 at night—I should say we were together fully three hours—Miss Agnes Cundy died some time in the year 1856—I acted as one of the trustees of her will with Mr. Joseph Underwood—in the autumn of 1867 I executed this deed (produced), for a change of trustees, in which the prisoner is substituted for Mr. Underwood—I received this letter from the prisoner, dated 19th July, 1869, in course of post—(This was a letter enclosing a deed for the witness's signature, and requesting its return as soon as signed and witnessed)—I also received this letter (Read: "My dear Mr. Maxted,—It Appears that your signature is necessary to the enclosed receipt before the Bank will pay the dividends to any person; I will, however, send Mrs. Booth and Miss Cundy the amount of their share at once, and you can make the amount of the receipt payable to me, and I will negotiate it through my bankers here. I hope you received the deed for your signature safely, and that you found
everything to jour satisfaction. I hope by the time this reaches you the deed will again be in my possession. Believe me, your' faithfully, Frederick Beswick.")—I sent this letter, dated 25th July, 1867, in reply—(This merely stated that he had executed the deed, and that he was glad that the choice of the new trustee had fallen on the prisoner as an old friend of the family)—I received this letter on 26th August, 1867, from the prisoner—(This related to family matters, and to the payment of the dividends to the persons entitled to them)—I also received this letter, of 16th September, from the prisoner—(This encloted a power of attorney for the witness's signature, to enable the prisoner to receive the dividends)—I also received this letter from the prisoner, of the 14th October, 1867—(This enclosed a second power of attorney for signature by the witness, to enable the prisoner to receive the future dividends)—Amongst other persons who were recipients of the late Miss Cundy's bounty, there was a Mr. Henry Gundy, who was paid 20l. a year out of the trust fund—he died somewhere about the end of 1867, or the beginning of 1868.
WILLIAM EDWARD MACKRELL . I am a clerk in the principal register office of the Court of Probate—I produce the will of Agnes Cundy from the register office—probate was granted on 11th August, 1854—the will was dated 7th September, 1853—I do not produce the original will; it is a copy—the original is in the Supreme Court at Gibraltar, and the probate also—I know the probate was granted on 11th August, 1854, from the probateact on the will—it would be granted in London—this is what we term the probate act; it would be written by one of the clerks in the registry after the probate was granted—the seal of the Court is attached to the probate—this endorsement is merely a memorandum, which we call the probate act.
HENRY WEBB . I am a detective officer—I took the prisoner in custody—I found this copy of the will in his private office at Birkenhead, in a drawer, under look and key—I took the key from the prisoner himself to unlock the door—(This was put in and read at length. It made certain bequests to relatives, and the residue on trust to Underwood and Maxted, to pay the dividends to the surviving relatives.)
HENRY THOMAS MAXTED . (continued). I received this letter from the prisoner, dated 18th January, 1868—(This enclosed a power of attorney for the witness's signature, and that of two witnesses, to enable the prisoner to draw out the necessary sum consequent on the death of Mr. Cundy, whose annuity of 20l. had fallen in)—This (produced) is the power of attorney which came in that letter—I examined it and returned it with a power to transfer 333l. 6s. 8d.—it has Major Beswick's signature to it—I executed it in the presence of two witnesses—there was nothing further to be paid except on the death of Miss Honor Gundy—I was not aware of any sum of 400l. to be paid, or of any Rum requiring to be transferred out of the fund—fund 31st January, 1868, down to the receipt of the letter on 3rd February, 1869, I heard nothing from the prisoner about the transfer of any sum of 400l. or any other sum—it is not the fact that I wrote to the prisoner stating that I was going to California, and that I would call at Birkenhead on my way, and execute the power of attorney there—I never suggested that I was going to California, or that I was going to call at Birkenhead—there is no foundation for that at all—I received this letter of 3rd February, 1869, from the prisoner—(Read: "My dear sir, It has often occurred to me, particularly since the death of Mr. Booth, that the money invested in the 3 per cent. Consols under the will of the late Miss
Cundy, might be placed at much greater advantage, and still carry out the terms of the will. I feel it more now that poor Mrs. Booth and Miss Cundy are so reduced in means, and with the former's family growing up into manhood, that any increase to their income would be a God-send; and I am firmly of opinion that this can be done to the extent of 50 per cent. I have had several consultations with different lawyers, who are of the same opinion as regards certain investments. Of course the responsibility rests with you and I, and as far as I am concerned, I am quite prepared to take the responsibility, but of course can do nothing except with your sanction and approval I shall be glad if you will give the subject your attention, and let me know your opinion as soon as possible, as good things are turning up every day in this locality, simply requiring a little watchfulness and buying at the right time, being on the spot to do so. I will do anything I possibly can to benefit the family. I hope to be able to get over to Bed-ford in the spring or summer. The accounts received from there are good as regards health, but not as regards pecuniary means. I certainly think by the terms of the will we have power to vary the investment. My tribe are pretty well, except my wife, who remains delicate. We all unite in warmest regards to Mrs. Maxted and yourself")—I received by the same post this notice from the Bank of England—the packets come weekly—the same packet brought the two (Read: "Bank of England, 2nd February, 1869. Application has been made for a power of attorney, asking for a transfer of Consols standing in the names of H. T. Maxted and F. Beswick; a reply to this communication is only requested in case the application has not been sanctioned by you. George Earle Grey, Chief Accountant.")—I sent this reply, "14th February, 1869. Gibraltar. Sir. In reply to your communication dated 2nd February, 1869, I beg to state that I have not sanctioned a transfer of Consols standing in the names of H T. Maxted and F. Beswick."—I also replied to the prisoner's letter by the same mail—this is my letter. (This merely stated that he was aware that the late Miss Cundy had no confidence in any investments but the funds, and declined making any alteration in the mode of investment.)—The next letter I received from the prisoner was this letter of 1st March (Read: "Will you by return of poet let me know whether any person has recently left Gibraltar who in anyway resembles yourself, or is aware of the interest you have taken and still take in the estate of the Cundy family, or who knows your handwriting and signature. If so, pray at once let me have a full description of name and person, as a most vile attempt at imposition has been made upon me, and I only returned home from the country in time to prevent it, by cancelling former proceedings, which I was enabled to do by the receipt of your last letter, dated 15th February, and with the content! of which I am perfectly satisfied. As I have reason to believe the fellow is at Liverpool, I have the detectives at work, and will not leave a stone unturned to discover him. Pray excuse further explanation at present, but at another time you shall have all the particulars, when things are in such a state that they may be commited to paper; at present I am advised to say or to write as little as possible on this subject, but pray write as early as possible")—I did not come to England in the month of February this year, I first reached here on the 4th May last—I had never been in England before—I did not execute this power of attorney, dated 23rd February, 1869—it purports to be signed, "Henry T. Maxted, Woodside, Birkenhead, late of Gibraltar"—I never authorized anybody to do it, nor did I know of its being done—I speak Spanish, I can't say that I speak it fluently.
Cross-examined. Q. You say the packets come once a week, bat I suppose there are more frequent opportunities of communication with England? A. Yes; there is the mail daily overland from England—I must have written my letter on the 15th—I don't remember whether I potted it on that day—I think I posted both letters on the 15th or 16th; I can't recollect—I don't know that I detained it about five or six days before answering the letter from the Bank—I replied to it, and potted it to go by the steamer for England—the steamers don't come in at fixed periods; sometimes they come in on Monday, sometimes on Tuesday, sometimes on Sunday—I dated my letter to the Bank on the 14th, and my letter to the prisoner on the 15th—I very likely posted them both together—I might have telegraphed to the Bank, if so inclined—I don't recollect that I was ever at the prisoner's house when he was at Gibraltar—I was not on visiting terms with him; I knew him, and that was all—I knew that he married this young lady; it was in consequence of his marriage with her that I knew him—I did not associate with him—I would meet him, and just say, "How do you do?" which I do to a great number of officers at Gibraltar—I met him in the street—I was about twenty years of age at that time—I am forty-five now—I was then a clerk in the Garrison Quartermaster's office—I believe when he returned from the Crimea he was invalided—he came before his regiment—he was unwell—I believe he was present at the battle of Alma; I can't say as to Inkermann—I don't know whether he returned very shortly after Inkermann—I don't remember whether it was as early as 1854 that he returned—I know he related to me tome account of the battle of Alma—I know it was before Sebastopol was taken that I saw him—it was only one evening that I saw him on that occasion—I can't say that he was very unwell then; he was invalided—he was the sole recipient of the dividends from the time of being appointed trustee.
WILLIAM EATON HINDE . I am the manager of the Birkenhead branch of the Alliance Bonk, and have been so about six yean—I have known the prisoner nearly that time—he had an account with us—it was opened in August, 1863—it was an ordinary private account—not a trust account—I knew him as chief constable of Birkenhead—on 7th August, 1867, he called at the bank to see me—he told me that one of the trustees under the will of Miss Agnes Gundy bad died, and that he had been appointed as successor, and that Mr. Henry Thomas Maxted was his cotrusted—he showed me a letter from Mr. Maxted, approving of his appointment—he told me that the funds were invested in Consols, according to the provisions of the will—we made the necessary inquiries, and obtained powers to enable us to receive the dividends, and we did ultimately receive them by arrangement with the prisoner and Mr. Maxted, and they were put to the prisoner's account, and he drew them out—in January, 1868, I received a power of attorney for the sale of 333l. 6s. 8d. stock—it realized 308l. 15s. 7d.—on 26th January, 1869, the prisoner called at the bank, and said that a payment of 400l. had to be made out of the trust fund, and requested me to obtain power for the sale of such a sum as would meet that amount—he also told me that Mr. Maxted had written to him, stating that he was going to California, by way of the United States and Liverpool, and he would then execute the power in passing through Liverpool—I wrote to our London office that same day, and on 28th January I received a letter from them—I saw the prisoner, and read the letter to him—this is it:—(This suggested, that in order to save trouble and expense, it would be
better to obtain a power to tell all the dock, to that if any future tale should be necessary, the tame power would suffice)—The prisoner said he should be very happy to save the bank any unnecessary trouble, but that the terms of the will did not permit it; that only such stock could be sold as would produce the amount to be paid to each party entitled to receive it, or words to that effect—upon that I wrote to the head office, and afterwards read a copy of my letter to the prisoner, and he said it was correct—on 3rd February I received from the head office in London this form of power of attorney (produced)—at that time it had not been executed—I wrote a letter to the prisoner, enclosing the form—"February 3rd, 1869. Dear Sir, I enclose the power of attorney for the signature of yourself and Mr. Maxted—the amount sold out is 431l. 5l. 3d.; Consols at 93 1/3, 401l. 12s. 8d., less power of attorney 1l. 1s. 6d.; broker's commission, 10s. 9d.; balance, 400l. for settlement on return of power"—I may probably have seen the prisoner that same day, most likely I did, but nothing passed that I am aware of—I may very probably have seen him between the 3rd and the 23rd, but I cannot recollect—on the 23rd I saw him at the bank—he brought the power to me executed, signed "Henry T. Maxted, Woodside, Birken-head"—the words "late of Gibraltar" were not there then—I pointed out to him that the address did not correspond with that given in the body of the power, and suggested that the words "late of Gibraltar" should be added—I asked him where Mr. Maxted was, and he replied, "In my dining-room"—he then took the power away, and shortly after returned with it in its present state, with the words "late of Gibraltar" added—he left it with me, and I sent it to London that same night to be acted upon—I knew Colonel Twibill, and knew his signature—I did not know John Chandler—on 26th I received a notice from London that the power had been stopped—upon that I went to Major Beswick's office—he was not there—I then went to his house, and found he was out of town, but was expected home, and I saw him that evening—I had previously left or sent this memorandum at his house—(This informed the prisoner that the power had been stopped at the Bank of England by Mr. Maxted)—I think I saw the prisoner between 6 and 7 o'clock that evening—he then gave me an explanation, which I transmitted to our London office—it was to the effect that he was much astonished, thunder—struck, I think the word was, when he reached home and found my note, and one from Mr. Maxted, declining to make the transfer—he showed me Mr. Maxted's letter—he said that someone, evidently well acquainted with the circumstances of the trusteeship, had written a letter, purporting to be signed by Mr. Maxted, saying that he would pass through Liverpool on his way to California, authorizing the sale, and would then sign the power—he did not show me any such letter—he further stated that someone had met him in the street, addressed him as Mr. Maxted, and signed the power; that he himself had not seen Mr. Maxted, with the exception of a day, I think he said, on hut way from the Crimea, for twenty-two years—he also said that he was very anxious to exonerate himself, and would proceed to London to see the Bank authorities; that some one was evidently personating Mr. Maxted, and that he had put the matter into the detectives' hands—he said the man had stated that he would return on the Thursday or Friday, and then receive the money, or make arrangements for its distribution—he said he was most anxious that the power should be retained, not destroyed, an the might have a material bearing on the case—on the evening of that
same day I wrote to our London manager—I afterwards read to the prisoner a copy of the letter—this is it (Read; "February 26, 1869. Dear Sir,—My customer, Major Beswick, has requested me to give some explanation about the transfer which has been stopped. This evening, on his return home, he was surprised to find, not only my note, but one from Mr. Maxted, Gibraltar, which he has shown me, declining to make the transfer. Strange to say, someone, evidently well acquainted with the circumstances of the trus-teeship, sent a letter, purporting to be signed by Mr. Maxted, requesting the sale, and stating that he himself would pass through Liverpool, on his way to the United States, and would then execute it. Major Beswick, who has not seen his co-trustee since he was in Gibraltar, with his regiment, twenty-two years ago, when Mr. Maxted was a young man, acted on the letter, giving us the instructions upon which the transfer was made out. The party presented himself this week, signed it, and appears to have intended to have come to-day to arrange about the distribution of the funds. From the letter received to-night there can be little doubt someone is personifying Mr. Maxted, and the matter has been placed in the detectives' hands, and it is for this reason the detaining of the transfer is desired. Mr. Beswick, who, perhaps, from the fact of his being the Head-Superintendent of the Police force here, alone makes him acutely feel the trick which has been played upon him, is most anxious to exonerate himself, and has requested me to say that he will at once proceed to London to see the Bank authorities, if you think it would be desirable. In the meantime he is extremely sorry for the trouble he has occasioned you, and is much obliged for what you have done.")—When I read that letter to the prisoner, he said that I had omitted to state that he had seen Mr. Maxted one day on his return from the Crimea—on 1st March I, saw the prisoner again—he repeated what he had told me before, with this exception, that I think he then for the first time stated that he was going to Bedfordshire, on matters connected with the trust, on the morning when the supposed Mr. Maxted accosted him in the street, and that he would not leave a stone unturned to get at the bottom of the matter, and give us the earliest intimation—he also said that the party had not called again—it was between 10.30 and 12 o'clock in the morning of the 23rd February, when the prisoner brought the power, and he took it away and returned it with the words, "late of Gibraltar" added, in less than half-an-hour, I should say—this (product) is the prisoner's pass-book at our bank—I could not tell from this what balance there was to his credit on 24th January—these entries are made by Mr. Beswick himself, and are not copies from the bank-book—according to those figures the balance seems to be 8s. 2d. to his credit—this book should be kept by the bank solely—it is irregular for a customer to make entries—this book does not appear to have been in the bank since 11th January last—the balance then to his credit was 47l. 4s. 6d.—on 1st January it was 11s. "1d.—on 26th January it was 13l. 18s. 2d.
Cross-examined. Q. Which do you say are Major Beswick's figures? A. All those in black lead, whether on the debit or credit side—at the interview, on 26th February, when he told me about being imposed upon, I did not say it was probably a mistake—I may have read to him the letter from London, in which it was suggested it might probably be a mistake, from the similarity of the signatures—I am not aware that he said, "It is impossible it could be a mistake, because here is Mr. Maxted's letter"—I don't think he did—he did show me Mr. Maxted's letter declining to make the
transfer, but I have do recollection of any such statement—this (produced) is the letter from our London manager, dated 27th February—I most likely read that to him at one of the conversations, or conveyed to him the purport of it—it was not on that occasion that he produced Mr. Maxted's letter of 13th February; it was on 26th February that he produced that—I don't think he again alluded to it—I am not aware of his having said it was impossible it could be a mistake, because Mr. Maxted was in Gibraltar—we had so much conversation that I can't remember everything—he mentioned the name of some person whom he suspected—I think it was Oxenford, or something of that kind, but I would not undertake to say—he said he had used every endeavour to find the person—he said he mentioned to the supposed Mr. Maxted that he was about to start for Bedford on matters connected with the trust, and I think he said he remembered noticing that the person gave a start on hearing that—I can't say that he said he believed that was the—reason why the person did not return to receive the money on the following Thursday or Friday; he may have done so—he did not show me the letter which he said he had received from the supposed Mr. Maxted about coming to sign the power—I did not say before the Magistrate that he did, that is a mistake; it refers to the letter he showed me on 26th February, declining to transfer the fund—he never showed me any letter about passing through Liverpool on his way to California—I never asked to see it.
COLONEL JAMES TWIBILL . I am a retired officer of the 38th Regiment—I am a personal friend of the prisoner's—I have seen him very frequently—I live at Birkenhead—I very often called upon the prisoner at the police-station, two or three times a week—I remember his placing this power of attorney before me on one occasion when I called there—I happened to go into the office as usual, and he produced this document, and asked me to sign it—I saw his signature to it—knowing it to be such I was about to sign my name at the lower part, when he said, "No, you will have to sign it in two places, sign it above, and then sign it below afterwards"—which I did—I signed it in two places—he then said, "I will have to get some other person, and I will see if my chief clerk is in, and get him to sign it," and it is signed by his chief clerk—I did not see him sign it—these are my signatures—I signed it under the impression that I was signing to his signature—I saw that the document was signed with the two signatures of Maxted and Beswick before I put my name to it—I did not pay very much attention to the document at the time, I signed it merely off-hand, without a thought—I would not put my name to what I supposed to be untrue.
COURT. Q. Were you aware that you were purporting to attest Mr. Maxted's signature? A. I should say so, of course, having signed the document—I supposed at the time that I was attesting Maxted's signature—I signed it under that impression, that I was attesting Maxted's signature—I meant to attest both signatures—I did not know Maxted's signature.
MR. GIFFARD. Q. Did you suppose that you were putting your name to a statement that you had seen a Mr. Maxted execute this document? A. I did not see Mr. Maxted execute it—the two signatures were to the document before I signed my name—I supposed that I was attesting Maxted's signature—I meant to attest both signatures—I did not pay much attention to the document at the moment—I just signed my name where he pointed out I had to do so—I know that to attest means "to wit-ness"—Iwitnessed the signature of Maxted, but I did not see it signed—I call signing
my name here, witnessing it—I did not witness the signature, but I signed it here—I did not see Mazted write it—I must say that I did consider that I witnessed his signature, the two signatures—I was aware that this was the prisoner's signature, though I did not see him write it—I knew his handwriting perfectly well—I did not see anyone write the name of Mazted—nobody told me it was Maxted's handwriting—I did not ask the question.
Cross-examined. Q. You have known Major Beswick for some yean, I think? A. Nearly thirty-three years—I always looked upon him as a most honourable man in every way—both of these signatures were on the document when I signed it—there were persons in the office at the time—it was in the public office—I did not know any of the persons in the office—I often met persons there—I did not know who they were.
Q. Did you believe when you attested the signature, that one of the persons who was in the office then, was the Mr. Maxted who had signed that? A. Yes, he may have been in the office.
COURT. Q. Did you believe that Maxted was then present, that is the question? A. Well, I did not form any opinion at the time; I saw persons in the office, and I signed—I signed it exactly on the belief that he may have been one of the persons in the office—he might have been in the office; I did not know any of the persons there—when I signed it, I did believe that Mr. Maxted was one of the persons present, seeing the people there; it was from that I signed the document—the latter answer I have given, is the more correct.
MR. METCALFE. Q. What time was it when you signed it? A. Between 11 and 12 o'clock in the day, about that time, as nearly as I can recollect; it may have been perhaps 10, because 10 was generally the time I happened to go round; between 10 and 11 o'clock—I was aware that Major Beswick was going to Bedford, I did not know that he was to go on that day, I did not see him off—there is no building between the Police Office and the Alliance Bank, there is a space between, but no building except the prison; it is a small space—some time in May the bank made a communication to me, and I was brought up to London by Mr. Freshfield—I called on Major Beswick before I left, to say that I was going to appear at the Lord Mayor's Court the next day; I think that was on the 7th or 8th May—I called at the prisoner's house, and saw him there—he continued to act as chief constable of Birkenhead up to the time that he was taken into custody, which I think was on Saturday, 8th May.
MR. GIFFARD. Q. A gentleman from the bank called on you as early as April, I think? A. There was a young gentleman called—I mentioned that to the prisoner, that was a fortnight before I came up.
Q. Am I to understand you to say, that when you wrote that signature to that document, you supposed that you were witnessing the signature of a man who was then present? A. He might have been one of the persons who were present—I did suppose so—at least he might have been one of the persons in the office—I did believe at the time I put my signature, that I was witnessing the signature of Maxted, and that Maxted was then present, I meant to certify that Maxted's signature was genuine.
JOHN CHANDLER . I am a clerk at the police-station at Birkenhead—I have known the prisoner very nearly thirty-eight yean—I was formerly in the same regiment, the 38th, with him, as orderly-room clerk—I went to Birkenhead in 1863, after the prisoner had been appointed chief constable—he
got me the situation—it was my duty to make entries and returns and attend to the ordinary business of the office—this is my signature in two places to this power of attorney—I know Colonel Twibill, and I know his signature perfectly well—when I signed it the prisoner said to me, "Chandler, you know my signature and that of Colonel Twibill?"—I said, "Yes,"—he asked me if I would sign it—I said, "Yes"—I did so—I signed it in two places—Colonel Twibill was not present when I did that—I can't recollect the date, I think it was some time in February—on 23rd February the prisoner owed me some money, upwards of 100l.—up to March last it was 103l. 2s. 6d.—it was partly cash, lent to him at Birkenhead at the latter end of April, 1866.
Cross-examined. Q. I believe that question was referred for you till now; you were not asked anything about it at the Police Court, were you? A. No—I heard nothing asked at the Police Court about debts owing from Major Beswick—I was not pressing him for my money—I never asked him for it but once, and that was only for a small portion—I was to receive 5 per cent. interest—I did not know that on the 23rd February Major Beswick was going to Bedford—I can't recollect whether he did go on that day; I think not—to the best of my belief that was brought to me to sign, into my office—I can hardly recollect, but I believe so—I don't think I was called into a room where there were some other persons—I believe it was brought to me by Major Beswick—I can't say positively—I have known him a great many years, and he has borne the highest possible character—inquiries were made from me by the Bank of England about this matter—a gentleman came down on Friday afternoon, and I was required to go up to London—I had to see Major Beswick, and tell him I was wanted to go about this matter, and he told me I must go—he gave me his formal permission—he remained at his post all that time.
JURY. Q. What was your impression when you signed that document? A. That I was merely seeing that the signatures of Major Beswick and Colonel Twibill were genuine—I signed it simply on the faith of my knowledge of those two gentlemen, and not with the idea that Mr. Maxted was then present.
GEORGE SCOTT . I am clerk in the General Post Office at Birkenhead—on 23rd February I was senior clerk on duty there—it was my duty to receive the mails and enter on the duty sheet of the day, the time of their arrival, and also to attest the change of the letter of the date stamp—all inward letters are stamped with the same stamp, with this difference, that there is either a figure or a letter to denote the time of its arrival, and by what delivery they would in due course be delivered at their ultimate destination—I have the duty sheet here that I made on that occasion—I can tell by that and the record—book at what time this letter arrived at Birkenhead by the London night mail—it was a letter from Gibraltar, posted at Gibraltar on 16th February, 1860, and received at Birkenhead on 23rd February, at 3.15 a.m.—it" bears the catch figure "1," which denotes that it would be delivered by the first delivery that morning—the carriers leave the office at 7 o'clock and complete their delivery before 9 o'clock.
Cross-examined. Q. The letter is addressed to the prisoner's house, is it not, not to the office? A. Yes, to his house, 45, Hamilton Square—that is about three minutes' walk from the police office.
Office—I was on duty on the morning of 23rd February—I went on duty at 3.15, and left the Post Office with my letters at 7 o'clock—we are obliged to keep a record of the time we begin and end oar delivery—I have it here—I find by this that I completed my delivery at 8.35—my delivery comprehended Hamilton Square—I should be in the square probably three quarters of an hour—I should commence in the square about 7.30 perhaps, it may be a little after, I can't say to a minute—if I had this letter to deliver, and did not deliver it, it would have been my duty to make a memorandum of it accounting for that—there is no such record.
MARIAN AGNES BOOTH . On 23rd February the prisoner came with his wife to spend two days with me at Bedford—he arrived at my house about 7 o'clock—I have known him a great number of years, and been in constant communication with him—in the course of the evening we had conversation about past times—we very often spoke about Mr. Maxted—the prisoner did not mention to me that Mr. Maxted was in England—he never said a word about his being there, or that he was going to California, or anything of that sort—he said nothing about having seen him at all that day, or that he had seen him at all—he said he had heard from him—he did not say that he had heard that day, but previous to that he had heard from him about the transfer of this money—he said that Mr. Maxted did not wish it, and he was perfectly satisfied with Mr. Maxted's decision—I had not heard of any sum of 400l. to be paid as a legacy, or to be paid to anyone out of the trust fund, in respect of this matter; nor was I at all aware that he was going to do so.
Cross-examined. Q. I believe you had often had conversation with Major Beswick about transferring the fund? A. Yes, very often, and my late husband also; we both wished to have it invested, so that we might receive a better rate of interest—I don't know that it was frequently brought to Major Beswick's attention; but we spoke of it at different times—he was pressed to become a trustee—he was asked if he would become one, and he said he would be very happy—he said he would not do it for anyone else, only we were such very old friends—he has been exceedingly kind to me, nobody could have been kinder—his wife came with him to Bedford—he has a very large family, ten children—I can't remember whether it was the day he arrived or the day after that he said he had received a letter from Mr. Maxted; it was in the course of conversation—I live in the same house with Miss Gundy—she is a great invalid—she is not excitable—she is a very quiet person, and always was—on one occasion the prisoner procured some money for me, that was last year—he sent it to me—the dividends were always paid very correctly.
ISAAC BRAQO . I am a draper, at Argyle Street, Birkenhead—during the course of last year the prisoner was indebted to me—this (produced) is a letter that I wrote to him—(This was dated October 27th, 1868, enclosing an account for 40l. 15s. 7 1/2 d., and regretting that he was obliged to requst an immediate settlement, or a bill at one or two months)—I don't think I did receive any payment at that time—I went to the prisoner in the course of the present year to ask for payment—I think it was some time in February, and I wrote him this letter—(This was dated 16th February, and was a renewal of the application for his account, amounting to 51l. 14s. 6d., and offering to take a bill, renewable at the prisoner's convenience)—Besides writing those letters, I went and saw the prisoner at his office—he spoke to me at one time about a sum of money he expected to be able to pay me with; in fact, he let me
see a letter that he had received from the manager of the Alliance Bank—this (produced) is the letter he showed me—he said he was going to sell some stock, and he was merely waiting for the signature of a gentleman who was coming from Gibraltar—that was about the last week in February—I said I would wait—I think that was after the letter of 16th February—I told him I was wanting the money at the beginning of March, and be told me if he did not get paid at that time he would give me the bill I asked him for—he did not pay me the money up to that time, and the last day of February, or the 1st March, I called on him to get his signature to a bill.
Cross-examined. Q. And he gave you a bill, did not be? A. Yes—he had always urged the greatest objection to giving a bill, and asked me to take a promissory note instead—I always had the greatest confidence in him, and he was universally respected in Birkenhead and Liverpool.
WALTER HEMMINGWAT . I am a detective officer at Birkenhead—on 5th March the prisoner called me into his private office, at the police-station, and said, "Hemmingway, there was a man at my house on 25th February very near making a mess of me when I was returning from Bedford," or "going to Bedford," I am not positive which—he then handed me this slip of paper (produced,) and said, "I want you to go over to Liverpool and see Mr. Keogh, the Superintendent of the Detective Department—see him personally, and ask him to be kind enough to instruct his detective officers to be on the look—out for a man answering this description—if they should succeed in apprehending him, I will go over any hour, night or day, to identify him"—I then said, "There is no charge on the paper; what charge shall be preferred against the man if he is apprehended?"—he said, "He was very nearly getting a lot of money from me, and he will probably be staying at some second—class hotel at Liverpool"—I then went over to Mr. Keogh, and made some inquiries, but was unable to obtain any information—in the police—office at Birkenhead there is a report-book kept, which is here; it is the usual course to enter any complaint in that—I believe there is no such entry in it.
Cross-examined. Q. I suppose when you are making private inquiries, you do not always enter it in a book so that everybody may see it? A. No—I can't say that inquiries were extensively made by the police in Liverpool and Birkenhead about this matter—I did all I possibly could; I made inquiries, I communicated to the superintendent at Liverpool what I was directed to communicate, and he directed one of his clerks to enter it in a book.
MR. GIFFARD. Q. Is this book published for the information of everybody in Birkenhead, or is it kept to yourselves? A. It is merely for the inspectors and clerks in the office—the detective officers have a book of their own, in which they enter the inquiries they have been making, and those are put in the daily report-book.
JOSEPH ARCHER . I am a clerk in the detective department of Liverpool—I received information from Hemmingway, and took a note of what was wanted, and the inquiries that were to be made—this is the statement I took of the case at the time—I first saw the hand-bill when this case was pending.
WILLIAM OSBORN . I am a printer, in Hamilton's Buildings, Birkenhead—on 20th April, the prisoner brought me this manuscript of a hand-bill to be printed, and told me to print one hundred—he went down stairs a little
Way, and returned to repeat the date; he said, "The 27th February I think is the date"—I said, "Yes"—he said, "All right"
Cross-examined. Q. You were not called at the Police Court, I think? A. No.
HENRY WEBB . (re-examined.) On Saturday, 8th May, I received a warrant from the Mansion House for the apprehension of the prisoner—I went to Birkenhead, and took the prisoner into custody, at 45, Hamilton Square—I told him I was an officer from London, and held a warrant signed by the Lord Mayor for his apprehension for forging a power of attorney for a transfer of stock in the Bank of England, to the amount of 4000l. odd, standing in the names of Frederick Beswick and Mr. Maxted—I produced the warrant to him, and asked him if I should read it—he said no, he did not want it read, he knew all about it; he had expected it for the last two months—he said he had known what inquiries had been made, that it was in unfortunate thing for him; what he had done, he had done out of kind-ness, and if he had been guilty of such an offence he had plenty of time to have gone away, but he was determined to stand it—I took possession of a variety of documents from various places; some of them I have produced—I have a large number of letters, some I got from his private house, from a drawer in his bed-room, and some from his office at the Police Court, Birken-head—I found this copy of a will, and the deed altering the trustee—those letters have my initials on them, they are letters from creditors.
Cross-examined. Q. Where did you find that batch of letters? A. In his office; they were not tied up as they are now, but loose in a drawer, the key of which I took from him; he told me where to find them—I took possession of all the papers—I sorted them in the presence of Mr. Freshfield, the solicitor to the Bank of England—I put them loose into a portmanteau, just as I found them, and they remained in my possession till I parted with them to Mr. Freshfield—there are lots of memorandums in the portmanteau now; it is at the detective office in the Old Jewry, and it contains all the papers that were not considered essential to bring here—there was one book which perhaps you would not like to see—I have not shown the papers to the prisoner's solicitor—I have not been asked to do so.
MR. GIFFARD. Q. Did you look over the papers? A. Yes—there was no letter purporting to come from Mr. Maxted, and stating that he was going to California and would come to Liverpool.
WILLIAM DAWES FRESHFIELD . I received these papers from Webb, and went through them with him—I went over all the papers in the portmanteau, and there was no such letter as that purporting to come from Mr. Maxted—my clerk and I have checked the amount of these bills which were taken out of the portmanteau; they amount to over 370l.
Cross-examined. Q. I believe they were not produced at the Mansion House? A. They were not; no notice was given that they would be produced here—William Osborn was not called at the Mansion House, nor Archer, Hemmingway, or Bragg—I gave a short memorandum to the prisoner's solicitor, which is on that notice; if you will give me the notice I will read it—I was advised that it was not necessary to give detailed evidence, and I acted upon that advice—I did not call Mrs. Booth or Lancaster before the Magistrate, or give a detail of their evidence; there was some account given.
MR. GIFFARD. Q. I presume you had consultation with your Counsel
before the case came on? A. I had; and in pursuance of their advice I added whatever evidence they thought necessary.
General Sir Henry Storks, Under Secretary of War; Charles James Preston, Esq., Stipendiary Magistrate, of Birkenhead, and several other officers and gentlemen deposed to the high character of the prisoner for many years?.
GUILTY .— Five Years' Penal Servitude.
GUILTY. of the attempt. — Ten Months' Imprisonment.
MR. PATER. conducted the Prosecution.
THOMAS HIRBBRT POWTER . I am a grocer and postmaster, and live at 10, Murray Street, St. Pancras—on the night of 5th May last, about 11.30, I went to bed, after seeing that the place was thoroughly secured—about 2.50 in the morning, I was awoke by a noise in my bed room, and saw the prisoner standing close by my bedside—he remained perfectly still—I called out, "Who's there?" and sprang from the bed and seized hold of him—I struggled with him into a back room—he had a knife in his hand—it was too dark to see; but I felt it across my left hand—I was cut in several places on the hands, and had two scratches down the neck, and a cut on the cheek; they were quite skin wounds—I had several small cuts on the hand, one rather deep—I got the knife from him, and threw him down, and his head came on the hearthstone, and I took him by the hair, and hit his head on the hearthstone several times—he then turned on all fours, to try and get wind—I pulled him on his side, and gave him some blows in the wind and the side of the head—I used him roughly, and at last disabled him—I called "Murder!" as soon as I got the knife from him—I did not see the prisoner, till the policeman came up with a lantern; but I still held him in my hands—I afterwards found that two coats had been removed from the pegs in the hall, down stairs—the noise that awoke me was made by his removing a box of studs off my drawers—I examined the house, and found that an entry had been effected by pushing back the catch of the back kitchen window.
Prisoner. Q. Did I cut you with the knife at all? A. Yes, in several places on the hand, and down the throat; but you only scratched me there—it was a table knife; it did not belong to me, you must have brought it with you—I did not say, at the the Police Court, that you got me down, and stamped upon me—you kicked me, but did not hurt me—you had no boots on, you left them in the passage.
Prisoner. Q. Did you say that the coats were removed from the pegs, and thrown into the passage? A. I found two coats folded up in the passage—I did not say I had examined the premises, and found nothing the matter with them—I found the back kitchen window open—I found your boots in the passage, and this knife directly outside the back kitchen window.
He was further charged with having been before convicted.
GUILTY.— Eight Year Penal Servitude.
THIRD COURT.—Wednesday, June 9th, 1869.
Before Mr. Common Serjeant.
MR. GRIFFITHS. conducted the Presection; MR. PATER. defended Herris, and MR. LLOYD. defended Adam.
ARTHUR HOPKINS . (Policeman A 231). About 12 o'clock on the night of 31st May, I was passing through Cockspur Street, coming from King Street, Westminster, where I am stationed—I was in plain clothes—as I crossed from the bottom of the Haymarket to Cookspur Street, the female prisoner secosted me, and asked me to go with her, which I refused to do—she still kept by me till I got to Spring Gardens Passage—as soon as I turned into the Passage she rushed at me, put her left arm round me, and put her right hand into my trowsers pocket at the same time—I had a purse in my pocket, containing a half—sovereign and a 6d—she took it out—I turned round and seized her with my left hand, and the male prisoner was on me in an instant—I saw the woman pass my purse to him distinctly—I seized him by the collar, and asked him to hand my purse over, as he had got the wrong party that time—two men then came up behind me, and one struck me a violent blow on the back with an umbrella—I turned round and just escaped a blow on the head—I fell down in the struggle, but still held the two prisoners—I then used my own umbrella in self defence—the other two men got away, as a constable in uniform came up—I had not taken any liberties with the woman—I was perfectly sober—when the other constable came up I handed the female prisoner to him, and I kept the man till he was taken to the station.
Cross-examined by MR. PATER. Q. Did a crowd collect? A. No—there might have been two or three, persons come up—I struck the two men who escaped, and broke my umbrella over their heads—I never let go of the two prisoners—as soon as I saw the woman hand the purse to Harris, I seized him and never let him go—I should think the constable came up in about a minute and a half or two minutes—we were struggling some time before he came up—Harris said he had not got my purse.
Cross-examined by MR. LLOYD. Q. You were in plain clothes? A. Yes—there are no complaints made about my ill-using them—someone called out, "Bravo, policeman!"—they knew I was a policeman, because I said that they had got the wrong party, and I should take them into custody—there were only a few persona there, they did not try to help me—I did not ask them—whenever I take a prisoner I hold him myself—I don't trust anyone till I know them—I fell down once; not right down, merely went on my knees—I did not solicit the aid of anyone at all—I did not whistle—the purse disappeared, and I have not seen it since.
MR. GRIFFITHS. Q. The two who came and struck you ran off as the constable came up? A. Yes—they came quite close enough to receive the purse.
SIDNEY DABORN . (Policeman A R 36). I was on duty on the night in question in Spring Gardens—I saw the last witness struggling with the prisoners—I saw no one else there but the constable and the two prisoners—I went to his assistance, and he gave the female prisoner into my custody for robbing him of his purse, containing a half-sovereign and a 6d.—he said be gave the male prisoner also for being concerned with her, and assaulting him—he did not go quietly to the station—Hopkins could not manage him himself, and another constable came up and helped him—he was perfectly sober.
Cross-examined by MR. PATER. Q. Did you hear Harris say he had nothing to do with the purse? A. Yes—I did not hear him say that he went up to the constable to see what he was doing to the woman—nothing of the sort—I did not see any other persons in Spiring Gardens, if there had been I must have seen them—there were a few persons standing at the corner of Charing Cross looking down the passage—when I went up Hopkins had a prisoner in each hand.
HARRIS— GUILTY . He further PLEADED GUILTY. to a previous conviction in December, 1867— Seven Years' Penal Servitude.
ADAMS—— GUILTY . **— Eighteen Months' Imprisonment.
MR. GRIFFITHS. conducted the Prosecution.
JOSIAH CLEWS . I live at 23, Shepperton Cottages, Islington—on the night of the 6th June I went to bed about 10.30—I left my servant to fasten up the house—about 1.30 I heard a noise, got a light, and went down stairs—I found the back-kitchen shutter lying in the room, and the window open—I then went into the back-kitchen and saw someone jump out at the window—I could not say who it was—I only just saw the back of him—I was going to jump out at the window, too—I had the poker in my hand—I saw a man kneeling under the window—I struck him with the poker till it broke—he ran away and got over a wall, and I went in and put my clothes on—I went out into the street and found the prisoner in the custody of a police-man—I had an opportunity of seeing him as I was hitting him with the poker, and I could almost swear the prisoner was the man—there was some white on his coat when he was in custody, and he had been kneeling against a whitewashed-wall.
ELIZABETH MEDCALF . I am servant to the last witness—on 6th June I shut up the house about 9 o'clock, or a little after—I shut the back kitchen window down, but did not fasten it—I shut the shutters also—they were inside shutters.
WILLIAM WHALLEY . (Policeman N 393). About 1.30, on 7th June, I was called to the back of Shepperton Cottages—I saw the prisoner climbing the wall of No. 31—I asked him what he wanted there—he said he lived there—I took him into custody, and on the way to the station the prosecutor came up—I searched the prisoner and found 2s. 3/4 d. in money, six duplicates, and a skeleton-key.
Prisoner's Defence. I have never been in trouble before. I did not know what I was doing. I think I must have been drunk. I cannot account for it.
GUILTY .— Nine Months' Imprisonment.
FOURTH COURT.—Wednesday, June 9th,, 1869.
Before Mr. Recorder.
550. RICHARD STOREY (24), EDWARD MOWITT (24), JAMES BALDWIN (32), JOHN BALDWIN (29), and GEORGE TOMBLINGS (40) , Stealing one horse, one cart, one set of harness, and twenty four bags of cochineal, of Walter Hartley, the matter of Storey.
MR. F. H. LEWIS. conducted the Prosecution; MR. RIBTON. appeared for Mowitt, MR. BESLEY. for James Baldwin, and MR. MONTAGU WILLIAMS. for Tomblings.
WALTER HARTLEY . I am a master carman, of Lower Thames Street—on 21st November, I received two delivery orders, marked A and B, from Messrs. Carrick, which I gave to my son; also these two shipping orders, C and D—on the evening of 23rd November, Storey, who was a carman in my employment, came to meet me, and said that he had lost the hone, cart, and goods, which were taken away while he was in the coffee shop—the horse and cart were shown to me next day at West Ham, by Policeman 383; but not the cochineal.
Storey. Q. How many yards was it out of my way to Stepney to go to Leman Street? A. I should not go that way at all, I should go by Bishopegate Street—your load on that cart is sometimes 38 owt.—I had made the remark on the Saturday that the hone was lame—I told you to take him to the farrier's—you had a very heavy load on the day, 34 cwt.—I think Fish Street Hill is rather worse to go down than Tower Hill.
WALTER HARTLEY, JUN . My father gave me some papers to give to Storey, and I gave them to him, about 4 o'clock—I told him to make haste, as I thought he would be late—he said that he would find time to do them.
ELI ROLFE . I am in the employ of Mr. Beazley, of Spicer Street, colonial merchant—in November last Storey gave me this order, marked B—he endorsed it, and I gave him seven bags of cochineal, which he took away in a cart.
WALTER LIBERT . I am in the employ of Mr. Pressy, cochineal dresser, of Spitalfields.—on 24th November Storey presented an order, and I gave him seventeen bags of cochineal, which he loaded in his cart.
JAMES SELL . (Policeman 542). On the night of 23rd November I found a horse and cart at West Ham, with the name of Hartley on the cart—there were some empty sacks in it—I communicated with Mr. Hartley.
RICHARD KENWOOD . (Policeman H 16). On the morning of 11th May I went, with three other officers, to Willow Walk, Bricklayer's Arms Station—we concealed ourselves, and saw James Baldwin, Stunt, and a man named Gerrard go into the station—shortly afterwards I saw John Baldwin and Mowitt in an open cart, containing four American flour barrels—when the cart came in John Baldwin went to the unloading stage and unloaded the barrels on to the stage—Mowitt went into the street, and I afterwards saw him in another cart, containing six barrels, which Storey was driving—I afterwards examined the various American barrels, and they contained bags of cochineal—when the second cart came up I went towards Storey, but he turned round and tried to run away—I caught him, and said, "Halloa, Mr. Storey, I have got you again, then "—he said, "What for?"—I
said, "For stealing that cochineal which you profess to have lost"—I afterwards saw the cochineal in the ten barrels; it weighed 15 cwt. 1 qr. 12lbs.—here are samples here, marked to 10—I took him to the station—he said that he did not know to whom the hone and cart belonged.
Storey. Q. What distance was I from you when I began to run? A. About the distance you are now—you had run three yards when I caught you—you could have seen me 100 yards off if you had looked—I asked you who the horse and cart belonged to, and you said you did not know.
Mowitt. Q. Previous to my going in, did you not see James Baldwin speak to me? A. I did not notice it.
GEORGE FOSTER . (Policeman H 207). I was with the other officer, and took James Baldwin—he was at the far end of the delivery stage, stooping down, calling out the numbers on the casks to a person who stood beside him—I caught hold of him, and said, "You are in my custody"—he said, "What for?"—I said, "For being concerned in removing this cochineal"—he said, "I know nothing about it"—I took him up to John Baldwin, who was in custody, and left him with 57 H while I went to John Baldwin's place, Falstaff Road, Kent Street, Borough—I had not asked him for his address—I locked the prisoner up, returned to the railway station, and then took the two Baldwins in a cab to the police-station—I said to James," I have been watching your place a long time for this cochineal"—he said, "If you had been watching this morning, you would have seen them bring it in carts in sacks, and if you search you will find the bags, and part of the cochineal which would not go into the casks, in the yard or the warehouse"—John Baldwin said, "No, it could not have been the horse, for Tommy was in the stable"—Tommy is the horse—James Baldwin produced a number of papers from his pocket, and gave them to me when I was going to search him—among them is this receipt—(Read: "11th May, 1869. Bought of Edward Bellaney 1658lbs. of Scotch die, 138l. 6s. 4d. Received payment May 11th, 1869. Edward Bellaney.")—also a memorandum of 1851lbs. cochineal, at 1s. 6d., giving the same result, 138l. 6s. 4d.—the inspector asked James Baldwin his address at the station, he refused it, and John Baldwin also—I know James Baldwin's place of business, but not his private address—I afterwards went into Falstaff yard, and found a bag containing 28lbs. of cochineal, and some other empty bags—another bag (produced) was found up stairs, maked "G. B." in blue ink—I afterwards went to John Baldwin's place, 80, Barlow Street, Walworth, with Dunnaway, and found six bags—I found this receipt among John Baldwin's papers, "Twelve barrels at 1s. 11d., 2d. May 10."
Cross-examined by MR. RIBTON. Q. What are all those other papers? A. Tax papers and bills of pipes of oil—he had them in his pocket.
Mowitt. Q. Before I went into the street, did you observe James Baldwin speak to met? No, but I was speaking to the other constable, and it might have taken place without my seeing it.
Baldwin was my tenant there, and Mowitt was my tenant in the adjoining house, in the name of Dawson.
Cross-examined by MR. BESLEY. Q. How long was John there as tenant? A. He took possession in April, 1868—Smeaton was the tenant before that—he did not occupy the shed, but he built the room—I never had any rent for the shed—the rent of John's place was 6s. a week—they are ordinary tenements for working men—the shed wife there when he took the place.
Mowitt. Q. Did I tell you my name was Dawson? A. Your wife said she took the house in the name of Dawson—I do not know that I ever heard you addressed as Dawson.
JOHN BURKE . I am in the employ of Mr. Putney, of Russia Street—on 10th May I sold the casks mentioned in this receipt produced by Storey—they have been shown to me by the police—they have been on my premises, and resemble those I sold.
STOREY. Q. Are you positive it was me? A. I do not swear to you positively, but to the best of my belief you are the man.
Cross-examined by MR. RIBTON. Q. Is this in your writing? A. It is—it was between 5 and 6 in the afternoon—I did not point out Storey in the dock.
MR. LEWIS. Q. Why did you make this receipt out in the name of James Baldwin? A. Because he gave that at the name of his governor—I cannot recognize any of the other prisoners—James Baldwin is not the man who bought the casks—(The receipt was to MR. BALDWIN.).
PORTER WILLIAM DUNNAWAY . (Policeman H 11). On 11th May I went to Tombling's house with a search warrant—he was in his shop, 22, Goswell Street—Mr. Carrick was outside—I called him in and then said, "I have called to speak to you about some cochineal; have you bought any or have you sold any?"—he said, "No"—I said, "I belong to the police; I ask you again, have you bought any or sold any?"—he said, "No"—some people came into the shop, and I took him to the other end, and said, "I have got a search warrant; have you purchased any or sold any?"—he said, "No"—Mr. Carrick said, "We know that you have sold some, have you any in the place?—he said, "I may have two or three pounds"—he then went to a little drawer behind the counter and handed a sample to me—I handed it to Mr. Carrick, who said that it was not his—we then went into a passage behind the shop, and I put my hand on a bag marked "G. B." in blue ink containing cochineal 1 cwt. 1 qr. 26lbs., and said, "You said you had not got any"—he said, "Yes, I bought five bags"—I said, "Have you got any receipt?"—he said, "Yes, if you let me go I will get it"—I said, "No, if you tell me where it is I will get it myself, you stop where you are"—he said, "Go and ask my wife for the paid file bill"—I got it, and he gave me this receipt off the file (Read: "March 23rd, 1869, Bought of Smith & Co., 24, High Street, Kensington, four bags of cochineal at 2l. 3s. net 16lbs., carried out 75l. 3s. 8d. Received J. Smith, 23, 3, 69").—Mr. Carrick said, "This is a receipt only for four bags"—he said that he had sold four bags, which were delivered at Green-hithe Wharf"—I asked him to go up stairs with me—we went into the front room, and I asked him where his desk or cash-box was—he asked what I wanted—I said, "I want to see what moneys you have got"—he said that he had got no money, or very little—I said, "You say that you have sold those four bags of cochineal, you must have some money"—he said, "Oh, that was laid out; I buy largely"—I left him in charge of
another constable, and went down stain and spoke to his wife—from what she said I returned to him again, and asked him where his cash-box was—he said, "What do you want; do you want cheques?—I said, "I want all that is there, and if you do not tell me where I can find it I shall take you in custody, and put the handcuffs on," which I did, and said, "Now I shall make a thorough search of the house"—he said, "Do not put then on, I will get it for you"—I found it, and it contained? 176l. 9s. 1d. in cheques, notes, and gold—I asked him if he knew Smith—he said, "He knew him, but not where he lived, he was either abroad or going out to Australia—I went next day to 180, Barlow Street, Walworth, John Bald-win's premises, and found six bags of cochineal, weighing 9 cwt. 3 qrs. 16lbs.—I have samples from each bag—Tomblings' are marked "A," and the others are following letters—I found this bag at John Baldwin's, containing cochineal, and marked "G. B." in blue, the same as the others.
Cross-examined by MR. WILLIAMS. Q. Then Mr. Carrick heard all the conversation? A. Yes, till after we went up stairs—there was? 112l. in gold, 9l. odd in silver, and the rest was in notes and cheques—I have not got the money here—I found it correct that he had sold four bags at Queenhithe, I traced them to Carwood there.
Cross-examined by MR. BESLEY. Q. Was the bag with "G. B." on it in the shed a 184, Barlow Street? A. Yes—it was full, and so were five other bugs—I only brought one away, they were all marked "G. B.," and all were full of cochineal.
Storey. Q. You took some papers from me, and were told by the Magistrate to produce them on the next examination, but you did not; have you produced them here to-day? A. The only paper? had was a memorandum where you had been inquiring about the cochineal—you asked me for that paper, but I was not able to find it; you were afterwards made a witness of and you did not want it.
Cross-examined by MR. M. WILLIAMS. Q. Would the proper price be 2s. 6d. to 2s. 8d. per pound? A. Yes—there is a good deal of this sort of cochineal sold—to the best of my belief it is mixed; one or two samples I examined at the station appeared to be mixed, but the others did not—to the best of my belief the cochineal found in the barrels, and that found at Tomblings' are from the same bulk, but I will not swear positively—they are both from the same maker, as near as I can tell—I should say that it is Presley's make, from the character of the grain—the other maker is Beazley, he was called at the Police Court—a cochineal maker is a dresser; it is a fly or an insect—I saw a sample of some other cochineal at Tumblings' place, that has nothing to do with me; that was of no maker, but genuine in the grain, as imported.
Cross-examined by MR. RIBTON. Q. Do you speak with very great uncertainty in attempting to identify it? A. No, I do not; and Mr. Pressey is here, and can identify his own cochineal—one maker's does not always resemble another's so much that it is difficult to identify it—I have said "The samples appear to be mixed, I cannot say whose manufacture it is"—if Mr. Pressey was not here to give his evidence I should not hesitate, but I decline to swear positively to this—I have said, "I cannot say whose manufacture it is; I will not swear whether it is Pressey's or Beazley's, or both—they
all appear the same cochineal, but one is older grown; I cannot swear to the manufacture of any"—I speak with reserve; I am only the agent between the buyer and seller, but the makers are here—some of this is scarce in the market.
Cross-examined by MR. BESLEY. Q. I understand you to have said before, that you have never seen your cochineal? A. Not in the bulk, but I have seen samples of it—it is the seller's practice to submit to the selling brokens a sample from the shipping, drawn by his own people—they are bound to produce the bulk corresponding with the sample.
MR. LEWIS. Q. Do you ship it in American flour-barrels? A. Never.
Storey. Q. Have you produced a sample of what you had last November? A. Yes—I have compared it—I remember going with you to Lime Street; I remained there half an hour while you went in—I believe it was considered best not to give you in custody, but to allow you to go about to find out who had stolen your horse and cart, and to occasionally give a memorandum of the places you went to—the detectives were to take what steps they pleased to bring the thieves to justice—you were told to come to my office every other day, and give an account, which was taken down in writing—the superintendent has it—you asked for the statement, and I told you that Superintendent White had gone to Scotland Yard.
ARTHUR PRRSSEY . I am a cochineal merchant—I sold some cochineal to Carrick & Co.—to the best of my judgment these ten samples correspond with what I sold then; I consider them identical—oilmen do not ordinarily deal in cochineal, but wholesale druggists have sold it—it is used principally by woollen dyers.
Cross-examined by MR. M. WILLIAMS. Q. In your opinion, none of it is mixed? A. To the best of my judgment, it is not—to the best of my judgment, none of it is Mr. Beazley's manufacture—I should say that it is my own; it corresponds with the sample by which I sold—I have said, "There is nothing distinctive about it; I am not aware whether it is Beazley's manufacture or mine; I am sure it is not mixed"—it is of a mixed character; anyone not a judge of cochineal can see this—I did not draw the sample from the bulk.
Cross-examined by MR. RIBTON. Q. Are there some thousand pounds of cochineal sold in the market, all bearing the same general appearance? A. Yes—I have particularly guarded myself against swearing to it—this is Mexican cochineal, which was not scarce at that time—it is worth 12s. 6d. a pound, wholesale—I have been in business twenty-five years—it varies with the fluctuations of the market, and might be 1d. or 2d. lower—pasty grain is sold at 1s. 10d. a pound, but not this sort—I have known this sort sold low by auction, but never for 1s. 10d.; it has not varied much fro 12s. 6d. a pound for the last twelve years.
Cross-examined by MR. M. WILLIAMS. Q. Have you had other dealings with Tomblings? A. A great many—the last transaction amounted t 1200l.
bought four bags of cochineal of Mr. Bowditch—I got them from Queen-hithe Wharf—I gave a sample to Mr. Carrick—I produce a sample, and the document upon which I purchased them—the Magistrate at the Thames Police Court marked it.
SEPTIMUS STUNT . I am a traveller, and live at 152, Beresford Street, Walworth—on the afternoon of 3rd May I was at Mr. Barnes', a grocer, in the Kent Road—I there saw a man named Fletcher, who introduced me to James Baldwin, who said that he had a quantity of cochineal, and asked if I could find a purchaser for it—I asked him for a sample—he said that he had not got one—I said, "Can you get me one now?"—he said that he could not, and said, "Do you think I should be fool enough to keep it in my possession?"—I told him I should call next day—I did so and he was out, and the next day and he was out again—I called again on the 6th, and he gave me this sample (produced) and said that I was to be particular not to show it to anyone, except where there would be a purchaser—I said, "I shall go and offer it to Boor, of Bishopsgate Street"—he said, "For God's sake, do not go there, for it was through his man that three of them were convicted"—I said, "You do not mean to say it is the stolen property from Whitechapel?"—he said, "So help me God, it is "—I afterwards went to his premises, in Falstaff Yard, and saw Storey and Mowitt—I called there about six times, and saw them there about four times—I asked Baldwin the reason these men were always there—he said, "Richard Storey is the one who stole the goods at the first onset"—I went to Southwark Police Court; but they knew nothing of it there—I then went to Leman Street, Whitechapel, and gave my evidence—I afterwards acted under the instructions of the police—I met James Baldwin on the 10th—I took with me an apparent purchaser, a friend of Mr. Carrick's—coming over the bridge Baldwin said that he was just the man who would suit him, and he should be able to do a good business with him; and if I succeeded in selling the whole of it, he should be able to put about 500l. a year into my pocket—I asked him how much more he had—he said he had not got much more, because he had sold five bags to an oilman in the Goswell Road, at 1s. 8d. per pound; but did not mention the name—I made an appointment to meet him next morning at the Willow Station, Bricklayer's Arms, for the delivery of the cochineal—on Tuesday, the 11th, Baldwin gave me a receipt in advance of the sale of the ten barrels of cochineal, for 138l. 6s. 4d., signed, "Bellaney"—the goods were sold on the Monday—he said that he would make it out in a false name, he was not going to sell in his own name—the receipt was for Mr. Gerrard, the supposed purchaser.
Cross-examined by MR. RIBTON. Q. Did you give your address No. 142? A. Yes, at the Police Court—that was not correct, I live at 152, and had lived there five weeks at that time—I have only had one letter there, to the best of my recollection, and that was after I gave evidence at the Police Court—I quite forgot the number of my house—I brought it out rather in a hurry—I knew it was 152—I still live there—I travel and get commissions, and if I cannot execute them myself, I send them to my father—I am in the drysalting way—I have not travelled for my father for twelve
months—I have not been charged with robbing him, to my recollection—I do not know that an application has been made during the last few days for a warrant against me—the first time I ever saw James Baldwin was in May—all these conversations took place when nobody was present except me—before I gave evidence at the Police Court I knew that there was a reward out, and I expect to get some of it if he is convicted—I have done no business the last month, I have been living upon what I have saved—I at first positively refused to give my address to the Magistrate, and afterwards gave a wrong one, on account of the vengeance of the prisoner's friends—that was not the reason; but I did not want to give it on account of their vengeance—I still persist in saying that I gave No. 142 in mistake.
Storey. Q. How many times have you seen me at the place? A. Four, and it may be five—all you said was, "We have bought the ten casks," and James Baldwin showed me the invoice—that was at 5.50, or from that t 16 o'clock—it was James Baldwin who said "We have bought the ten casks"—I saw you, to the best of my memory, at 5.30, but I will not swear it—I know that John Baldwin is a friend of yours, because I have seen you together—I offered you I cwt. of castor oil for sale.
MR. RIBTON. Q. Whose make is it? A. It appears to be the same make as my own, but I cannot positively swear it.
CHARLES YOUNG . I recollect some men being charged before the Thames Police Magistrate last January—I conducted the prosecution—I examined some person from Boor's, the druggist, to whom some cochineal had been offered—I think he was a messenger, who had formerly been a police-constable.
Storey's Defence. On 23rd November, I received twenty-four begs of cochineal from two warehouses, and proceeded 'with them on my route to Fresh Wharf. At six o'clock, having had no dinner or tea, I stopped at a coffee-shop, as I was very faint, and left the boy in charge of the horse and cart. When I returned they were gone. I informed three constables of the loss within a quarter of an hour. One of them sent me to Seething Lane Station, and from there I was sent to Leman Street; they referred me to Mr. Hartley, who had left when I got there. I found him at his friend's house, and he told me that I must go and find it. I went to Leman Street again, and they had not heard of it; then to the City Green Yard; then to Old Street Road, Shadwell, and Bethnal Green police-stations. I stayed out till 12 o'clock in the morning, trying to recover the goods. I arose at 5 o'clock next morning, walked to Deptford, and saw Mr. Hartley, who told me I must go and find it. I walked back in the evening, and told him I had had no success. He took me to Mr. Carriok's office. We went to Leman Street again, and they told me to enrol myself as a kind of amateur detective, to see if I could see the boy who I left in charge of it, and give him in charge. I did as I was ordered on the first day, and continued to do so up to Saturday, when I went to the office about 10.30, and Mr. Carrick gave me in custody. I was taken before the Magistrate on Monday, who said that he saw no evidence against me, but Mr. Young opposed my being admitted to bail. I was afterwards bailed, and surrendered to my own recognisances twice. The case was withdrawn, and that of the other prisoners proceeded with, who were convicted here last January. When I
asked for my papers, the police would not produce them, because they knew that they were evidence in my favour. Nobody can feel the loss more than I do. I have searched night and day, but because I was unsuccessful they gave me in charge. Three-fourths of the evidence is a tissue of falsehood.
Storey to MR. HARTLEY. Q. During the three years and a half I have been in your employment, have you ever found anything dishonest in me? A. No, or I should not have kept you.
MR. LEWIS. called
JOSEPH BAYLESS . (Policeman P 326). I was present at Lambeth Police Court, at the trial of a person named Jennings for stealing a chest of tea, on 1st January, 1864—Storey is the person—I was the constable engaged in the case.
Storey. When I was exercising in the yard of Newgate did not you say that you could not see me? A. I could scarcely recognize you at first, as it was some years ago—there were fifty prisoners passing round the yard, and I said, "That is the man;" afterwards I said, "I am certain that is the man"—you were not pointed out to me—I was in uniform—I took you in December, 1863, and you were convicted on 1st January, 1864.
The Court considered that there was no evidence against Mowatt—
NOT GUILTY .
STOREY— GUILTY . He was further charged with the above-mentioned former conviction on 1st January, 1864.
JOSEPH BAYLESS . (re-examined). I took Storey on 28th December, and he was tried on 1st January—he was sent to Wandsworth—I did not see him again till I saw him in Newgate the other day, but I saw him twice before the Magistrate, and entertain no doubt about him.
GUILTY.— Seven Years' Penal Servitude.
JAMES BALDWIN— GUILTY .—He received a good character.— Five Years' Penal Servitude. JOHN BALDWIN— GUILTY.—Recommended to mercy by the Jury. — Nine Months' Imprisonment.
TOMBLINGS— GUILTY .—He was further charged with having been convicted at Clerkenwell, in March, 1853, to which he
PLEADED GUILTY. **— Seven Years Penal Servitude.
NEW COURT.—Thursday June 10th, 1869.
Before Mr. Recorder.
MR. SERJEANT PARRY. and MR. BESLEY. conducted the Prosecution;
MR. H. S. GIFFARD, Q. C., and MR. METCALFE. the Defence.
HENRY HAYES . I am a school master at Edenbridge, Kent, and secretary of the Court 3451 of the Ancient Order of Foresters—from time to time I have had to transmit moneys to the prisoner, who is the secretary of the London United District—on the 4th October, 1867, I sent him a cheque for 10l. 8s. 0d.—the cheque produced, which is the one I sent, has the endorse-of "John Stimson" on it, in the prisoner's writing—the cheque has gone in in the usual way through the bankers, I simply crossed it for security's sake—the receipt was sent to me, and the words, "Settled, John Stimson," were written by the prisoner—on the 31st December, 1867, I had to transmit a sum of 12l. 17s. 5d., and drew a cheque in favour of the prisoner, on his order, and sent it to him—on the back of it that appears his handwriting—that
cheque also came back in the usual way through the bank—there has been an erasure in the cheque, which I can explain—on our order forms which we have to fill up, there are instructions to the effect that if our account and theirs does not agree, we are to have it rectified—they had charged us 5s. too much, and so the account was sent back—then it was returned in its altered condition.
Cross-examined by MR. GIFFARD. Q. Was your cheque a country one? A. Yes.
JOHN PRATT . I live at Bishop's Stortford, and am the secretary of Court 2044 of the Ancient Order of Foresters—on 16th December, 1867, I sent a post-office order to the prisoner for 3l. 6s. 5d.—I never got a receipt for the order—I have received receipts on other occasions, but they have been different in their form.
FRANCIS WHITTLE . I am clerk at the Union Bank, Chancery Lane—the prisoner had an account there—the cheque of 4th October went through our batik, and the amount was credited on 17th October to the prisoner—the cheque produced for 12l. 17s. 5d. was credited to the prisoner on 4th January.
FREDERICK K. COTTON . I am one of the trustees of the London United District of the Ancient Order of Foresters, my cotrustees being Messrs. Mason, Price, and Cannon—the prisoner was the secretary of the District; his duties were to receive moneys and pay them over to the treasurer—he might have paid them into the London and Westminster, Temple Bar Branch, but the proper course was to hand them over to the treasurer—I know nothing about the three transactions, of my own knowledge.
Cross-examined by MR. GIFFARD. Q. How long have you been one of the trustees? A. Twelve months last March, 1868—before that time I was chairman of the district—we met once a week—Mr. Morley was chairman in 1867—the duty of a chairman is to open new courts in the country, in due form and according to law, to preside over the district meetings, and over the board of management, and assist in paying claims when due—the cheques were drawn and signed by four parties, the chairman, the sub-chairman, the treasurer, and the secretary—I cannot say whether it was known to the board that the prisoner received cheques and paid them to his own hankers—I was not aware that the prisoner was in the habit of receiving country cheques in payment of country due—I have accused him, as chairman, of not paying claims when cheques have been drawn by us—I do not remember a time when he was obliged to pay a number of claims by his own cheques—I think I have known him give cheques on his own bank, the Union—I believe that bank will credit a country cheque on the day it is received.
MR. SERJEANT PARRY. Q. You say you knew that at one time he drew a cheque of his own for the payment of claims, when was that? A. I do not recollect any particular time—it might have been when the whole of the officers were not present, and in order that; the party who had to receive money should not have to wait, he has given them a cheque of his own, and received theirs in return from the board—I cannot say whether such a thing occurred in December, 1867—the then trustees were Messrs.
Buckland, Peters, and Hodges—Mr. Hodges is since dead—those trustees were deposed in 1868.
JAMES HENDY . I am the treasurer of the society, and have been so for four or five years—whenever the prisoner received dues from courts, it was his duty to hand over the money to me, together with his cash-book and ledger—I have known the prisoner during the whole time he has been secretary, from 1862 to 1868—during my time as treasurer, I had continual communication with him as to his not paying over to me his dues—I have continually brought it before the board that the moneys were not handed over to me, and his answer has been that he would do it in future—I have distinctly understood him to say that my complaint should be attended to in future—of course, in the fulfilment of my duty as treasurer, I wanted to hand the moneys into the bank—the prisoner must have known the rules of the society, as everything, together with the books, were placed under his care—his name is printed in the rules—his salary was 350l., and sometimes a little more—he has never handed to me the sum of 10l. 8s. 10d. which he received in October, 1867, from Court 3451—I have evidently no such an entry in my books—I did not, on 6th December, receive from him the sum of 3l. 6s. 5d. cash, nor 12l. 17s. 5d. on 4th January, 1868—I cannot tell the date when I last saw him at the office—the last time I saw him act as secretary was at the latter end of December, at my house, 16, Essex Street, Strand, and I have never seen him since—we have a book called the dues book, and a tabular ledger, showing the arrears, when the dues were paid, and the various items of account.
Cross-examined by MR. GIFFARD. Q. From the period that your books begin, down to the end of 1867, although there may have been some few payments made to you, you knew perfectly well that the dues were not being paid? A. Yes; or rather, I suspected such was the case—it was impossible for me to know what moneys the secretary received—he very often paid me 50l. in a lump sum, when the time for our audit was approaching—he was paying me some money, but not regularly as he received it—he had assistance from clerks at times, sometimes one; and when near the audit, perhaps from two or three, in order that he might get out the books—the dues would amount to between 3000l. and 4000l. a quarter—a portion of that amount would come into his hands, but the major part of it would be paid into the bank—he might receive perhaps 2000l. a quarter—I have paid people who had claims with my own cheques, when they wanted money—I did it to oblige them—it may not be according to rule.
MR. SERJEANT PARRY. Q. Have you ever received any sum at all from him on account of the three items to which your attention has been called? A. Not that I am aware of—if I had, I should have entered it in my book—it was the prisoner's duty, of course, to enter the sums which he received—he did not produce the book very often, but gave me a sum down; and did not state what the particular items were for—I continually received lump sums from him subsequently to October, 1867.
WILLIAM CROSS . I am a Forester, and have been employed by the prisoner to assist him with his books—I have entered receipts from the different courts in the book produced—there is an entry for 10l. 8s., in the handwriting of a person named Waters, as having been received in October, 1867.
Cross-examined by MR. GIFFARD. Q. How long were you employed by him? A. During 1866 and 1867—he had at times to pay large sums of money himself for the benefit of the society—I do not think the society is
liable for income-tax—I have heard him say that he has paid a great deal of money for income-tax out of hit own purse, and had never deducted it from the dividends which the society had received—in the ordinary course of things the bankers deduct income-tax on the dividends, and then they are got back by application at Somerset House—the prisoner, in fact, has paid the income-tax for the society, but has neglected making the proper application for its re-payment—I believe the society has received more money from him than he owes to them—this is well-known with regard to the income-tax—he was managing clerk to a firm of gentlemen, as well as secretary to the district—occasionally we have had to work all night, and I am sorry to say, at times on a Sunday, when near the end of a quarter, in order that the books should be ready for the audit.
JOHN F. PETERS . I was a trustee of the London District for many years, in conjunction with Mr. Buckland and others—the last quarterly meeting which the prisoner attended was held in October, 1867—we expected him at the meeting in January, 1868, but he did not appear; and, in consequence of something which came to our knowledge, we were ordered by the meeting to go to Bow Street Police Court—the auditors at that time were Messrs. Reardon, Taylor, Bearham, and Winckworth—we applied for a warrant against the prisoner, but Mr. Flowers, the Magistrate, refused it, because at the time there was no information—I never heard from the prisoner after this, till the 7th January, 1869, and previous to that time a meeting of the society had sanctioned a settlement of his affairs by the payment of 1000l. and a bond for 700l.—I never had any communication with the prisoner from the time he left in 1867 until January last—in January, 1868, we received 1000l. on behalf of the prisoner, and paid it into the London and Westminster Bank, as trustees of the society—by command of one of the meetings, however, we were obliged to withdraw it, and returned it to the source from whence we had it—we were then empowered to prosecute the prisoner—the meeting was held on the 16th February, 1868—there were 108 delegates present and nineteen absent—ninety-seven voted for the retention of the money out of that number—a second warrant was applied for, but not by us, as we ceased to be trustees—we made several applications to withdraw our warrant, but we were opposed by several of the members, as being contrary to the resolutions of the district.
Cross-examined by MR. GIFFARD. Q. There was a controversy in the society, was there not, some taking the prisoner's view and others being opposed to it? A. Yes; and we were like shuttlecocks between the two parties, we were obliged to agree to a resolution one day, and another day to break it—I asked the Magistrate to withdraw the warrant, because I believe the prisoner had no criminal intent—I reported it on the 16th February.
COURT. Q. After you had agreed to take 1000l. in settlement, did he then offer any further sum which an accountant should find due? A. Every farthing.
MR. SERJEANT PARRY. Q. Do you know that the prisoner went to France, or elsewhere? A. We knew no more than what a detective told us—I understand the present trustees had a narrow escape from being kicked out at the last meeting for refusing to accept a second offer of 1000l.—we believed that the prisoner had no fraudulent intent to rob the district, and therefore we applied to Mr. Flowers to withdraw the warrant, but he refused, because my affidavit was not strong enough to satisfy him, I suppose—our warrant was never executed after the settlement, but another warrant was obtained by other parties.
NOT GUILTY .
MR. SERJEANT PARRY. and MR. BESLEY. conducted the Prosecution; and MR. H. S. GIFFARDM, Q. C., and MR. METCALFE, the Defence.
FREDERICK K. COTTON . I was chairman of the committee of management previous to 1868—Mr. H. Morley was vice-chairman, Mr. Hendy, treasurer, and the prisoner secretary of the district—there was an executive council connected with the order, and Mr. Shawcross was its permanent and chief secretary—from time to time debts accrued due from the districts to the executive council, for goods supplied, and other things—it was a moveable council, and in 1867 Mr. Shawcross was stationed at Bath—the prisoner was in the habit of asking the committee for cheques wherewith to pay the council's accounts—the cheque produced for 239l. 19s. 11d. was signed by myself, Mr. Morley, Mr. Hendy, and the prisoner—I do not see any authority in the minutes for four or five weeks for the drawing of the cheque—the cheque of 7th May for 193l. 11s. 6d., in favour of the council, is also signed in the same manner, but I do not see any authority dated in the minutes of the 3rd May for that cheque being drawn, and I have no recollection of any authority having been given—there is an entry in the minutes of the 128th June, of "E. C., goods to 255l. 0s. 1d."—on the 14th June there is a payment entered of 10l. 8s. for Court 2241, pensions—I do not know of any subsequent payment of that cheque—Mr. Peters and Mr. Buck-land were two of the trustees in 1867—they were deposed from office in March 1868, and we were elected.
Cross-examined by MR. GIFFARD. Q. Did you accept the 1000l.? A. Mr. Gomm tried to persuade me to take it, but I would not—Mr. Gomma is chairman now—the sum of 1000l. was received in September last—the prisoner might have paid moneys over and over again out of his own banking account, and have been repaid by the society, but it was not with any authority of the Board.
MR. SERJEANT PARRY. Q. What moneys do you know of the prisoner's paying? A. All that I can swear to is that when the board of management have not been present, and the money was wanted, Mr. Stimson has given his own cheque for the amount, and then has received the other cheque for the party who was to receive the money—I do not know anything of the kind with reference to those three cheques for 239l. 19s. 11d. 193l. 11s. 6d., and 10l. 8s.—I cannot tax my memory as to whether the 1000l. was paid to Mr. Gomm, in January, 1869—according to report it appears to have been paid into the bank—the trustees did not receive it.
MR. GIFFARD. A. It is included in the balance of the society? A. It is in the report, but is not signed by the trustees.
SAMUEL SHAWCROSS . I am chief secretary to the order, and to the executive council, who are the governing body—we change our head-quarters each year, from town to town—in March, 1867, we were at Bath—I have received cheques from the prisoner as the secretary of the London District—sometimes his own cheques, because he has had to make deductions—the executive supplies goods to various districts, stationery for the conducting the business of a court, regalia banners, ribbons for distinguishing officers, books for the management of the society, the rules, and so forth—I did not in March, 1867, receive the amount of 237l. 19s. 11d.—I have no such
amount in my paper—the deductions allowed were for travelling rates—on the 130th April I received 193l. 11s. 6d., less 7l. 10s. for deductions—I did not receive any sum of 237l. 19s. 1d. in March or April from the prisoner—in July I receive 61l. 8s. 7d. les 9l. 3d.; and this sum, added to the 193l. 11s. 6d., makes out the amount of 255l. 0s. 1d. referred to.
Cross-examined by MR. GIFFARD. Q. When the prisoner drew or got a cheque drawn in London for a sum due to the executive, did he send that cheque itself or deduct some amount from it? A. He would make the deduction, and send a cheque of his own—I believe he acted as relieving officer of the district—Foresters who were travelling were entitled to certain allowances—in 1867, Mr. Russell, of Bath, was the treasurer of the executive—I remember a cheque being paid to him from the prisoner, which was dishonoured—the cheque I received from the prisoner on the 30th April, 1867, was given to Mr. Russell, the treasurer—I know that he had one cheque returned, but I do not know which.
COURT. Q. What sum was deducted from the 193l. 11s. 6d.? A. I believe it was 7l. 10s.—I have only my "rough-book" here, and a copy from the large book.
MR. SERJEANT PARRY. Q. Will you turn to the 30th April, in your rough-book, and see what is entered there? A. 193l. 6d. less deductions, I suppose.
COURT. Q. What leads you to believe that deductions were made? A. From memory, from the paper which I have brought—I received from the 30th March, 1867, to the end of July of that year, three sums 59l. 5s. 3d., 193l. 11s. 6d., and 69l. 8s. 7d.
JAMES WHITTLE . I am a clerk in the branch of the Union Bank, Chancery Lane—the prisoner had a private account of his own there—the state of his account on the 13rd May, 1867, was 150l. 14s. 10d. to his credit—on the 9th May there was paid in 60l.—something had been drawn out, and the balance was against him on the 6th—his balance had been brought down to 119l.—the account is still open.
F. SMART. I am an accountant of the firm of Smart and Snell, of Cheap-side—I have looked through the prisoner's accounts.
F. SMART. (continued). That is the book upon which I have based my calculations—I have gone through the books from 1866 down to January 7th, 1868, and it would appear that sums amounting to 2802l. 2s. 7d. have not been entered; they are omitted—there is no entry of an item received from the Crystal Palace Committee at the end of 1867—I have traced the several amounts which have been received by the prisoner from the different parties who have paid them—they have told me what they have paid—on the 129th March, 1867, the balance against the prisoner was 2135l. 2s. 9d.—I have given him credit as being paid in by cheques 1271l. 8s. 8d., on the 1st April, also cash 216l. 10s. 4d., which would leave a balance against him, at the time, 647l. 3s. 9d.—I find no entry for the drawing of those two cheques in the minute-book—there is still a balance of 3124l. 19s. 2d. appearing when this book and the bankers' pass-book are checked.
Cross-examined by MR. GIFFARD. Q. You assume that if there is no account of a sum of money as having been sent to the bankers, or, in short, if it is not in his hands to meet any claims, there is a deficiency? A. Of
course, if a sum of money is not entered here or in the bankers' pass-book I should say it is so—if the prisoner received a sum of money in one quarter for a particular purpose, and had entered it as having been received the next quarter, of course that would be against him—I cannot say that this has been done over and over again—I have no reason to believe so—my attention has not been called particularly to that point.
JOHN BRIDGEWATER . I am a cashier in the London and Westminster Bank, Temple Bar branch—the cheque produced for 193l. 11s. 6d. was cashed by me over the counter—it was paid in a 100l. note, No. 65,484; one 50l. note, No. 54,086; two 20l. notes, Nos. 81, 0089, and the rest in cash.
MR. HUNTLEY. I am a clerk in Messrs. Robarts' bank—we are agents for Messrs. Stuckey's—on the 22nd May I received from the prisoner, for Mr. Russell, of Bath, a 100l. note, No. 65,484; a 50l. note, No. 54,086; and two 20l. notes, 81,0089.
HENRY J. DALLER . I am ledger keeper at the London and Westminster Bank—we perforate the cheques when paid—credit was given to the London District on the 1st April for the sum of 216l. 10s. 4d., also 1271l. 8s., 8d.—the cheque produced for 10l. 8s. from Court 2241 has been paid, and another cheque dated 28th June, 1867, for 255l. 0s. 1d. to the executive council—the cheque for 239l. 19s. 11d. is included in the sum of 1271l. 8s. 8d.—that cheque was perforated on the 1st April, and the one for 25l. 0s. 1d. on the 12th July.
JOHN DIPLOOK . I am secretary to Court 12241—I never saw the cheque produced for 10l. 8s.—it has never been paid to my court for pensions—in August, 1868, we received 26l. 1s., 12l., and 6l.; but 10l. 8s. was not included for pensions—we had no such claims for pensions at that time.
T. E. WINN. I am the treasurer of Court 12241—I have never received the cheque produced for 10l. 8s.—in August, 1868, I made a claim for 21l. 1s.; viz, 10l. 8s., 7l., 16s., and 7l., 17s., in respect of three quarters' Widows' and Orphans' pensions—the 101. 18s. quarter dates from May, 1867—we had no payment of that amount till we got the 126l.?., in August, 1868.
Cross-examined by MR. GIFFARD. Q. The nominal treasurer to your Court does not act, and you officiate in his stead? A. Yes—the prisoner has paid dues for us, and from time to time we have had settlements with him as to what he had to pay—I think the last settlement was earlier than June, 1867—when a settlement had taken place the prisoner has paid in, in a lump sum, and before May, 1867, he paid us more the 40l.; but that sum did not include the 10l. 8s.
MR. SERJEANT PARRY. Q. Did you have an understanding with him, that he should pay you in this way? A. He simply said, when a claim was made, that he was busy and could not attend to it.
F. PASSMORE. I am a member of the order—in February, 1868, I and other Foresters went to Bow Street, to stop the withdrawal of the warrant, if possible—I did not see the prisoner in 1868.
WILLIAM H. LAVERS . I am a printer, carrying on business in Castle Street, Leicester Square—I have printed the balance sheets of the London District—the prisoner generally brought the manuscript to me—I printed the balance sheet for the quarter, from March to June, 1867—the copy was returned to the prisoner, at the office in Essex Street—I believe the printed copies were correct, according to the manuscript? I received.
MR. BOREHAM. I was one of the auditors in December, 1867—the prisoner laid his accounts before us—I asked for the previous auditors'
balance sheet, when the prisoner said that they were responsible for that; he also said that the banker's cheques and the pass-book had never been presented or asked for before—I wished to check the balance in the bank; and in order to do that I asked to see the cheques which had been drawn—there appears an item of 4356l. 3s. 6d., as being then in the bank to the credit of the society—we demanded the pass-book, as auditors, and after that he produced all the cheques and the books we required—he did not remain whilst we examined them.
HENRY J. DALLER . (re-examined). Q. What was the balance in favour of the society on 30th September? A. I found on one account a deficiency of 530l. 2s. 7d., overdrawn on one of their accounts, and the other account had a credit of 3942l. 5s. 7d.—the account standing to their credit on 31st December, 1867, was 1916l. 4s. 7d.
MR. GIFFARD. Q. Did somebody, you do not know whether it was Mr. Stimson, of course, pay in a sum of 1000l., on 30th December, 1867? A. I can tell by the ledger (referring); no, there is no entry of 1000l. in 1867, or anything like it—on 31st December, 1867, the balance of one account was transferred to the other, 2689l. 9s. 1d.—on 30th December 369l. 15s. 7d. was paid in, also 527l. 8s.
MR. SERJEANT PARRY. Q. Just look at this. (Handing a pass-book to the witness) "Cash, 527l. 8s." struck out there; what is the meaning of that? A. The clerk has put it to their general account, instead of their private account; he has placed it in the wrong book, and then afterwards transferred it—those two sums were paid in to the credit of the District Society, I can't say by whom—I have the paying-in slips here—I am not able to say when they were paid in, or what they consisted of; they went to the general account of the society—I don't know Stimson's handwriting sufficiently well to speak to it.
Cross-examined by MR. GIFFARD. Q. You were the prisoner's clerk for some time? A. Yes, he employed two other besides me—he has many times paid moneys out of his own account—there was a great deal of work to do, and he was at times very much pressed—the night before the audit we generally worked all night: and as I told you before, I am ashamed to say it, on Sunday also.
MR. SERJEANT PARRY. Q. The moneys that he paid out of his own account were repaid to him, were they not; that is, when there was not a sufficient number of persons to sign a cheque, he has sometimes given a cheque himself? A. I have heard him say so; I can't answer of my own knowledge.
COURT. Q. You said that he very often had to pay large sums for the society; is that only what you have heard him say? A. No, I have seen him draw cheques for 12l. for a funeral, and so forth, for different persons in the country—that was when it was wanted at once—a good deal on account of income tax is owing to him now, through his negligence in not going after it—he has paid the whole amount, and not got back from the Inland Revenue the sums which he ought to have got back.
MR. SERJEANT PARRY. Q. Will you undertake to say that 60l. was owing to him for income tax? A. No, I would not say—I believe it has been going on for years—I can't tell what would be the whole amount of income tax to be deducted in a year—I could not from memory tell the amount of dividend—I do not know at all what amount
was due to him; Mr. Peters will be able to tell you, he has drawn them many times.
JOHN SAMUEL HENDY . (examined by MR. GIFFARD.). I received 1000l. from the prisoner, or someone on his behalf, and paid it into the account of the society, on 1st June, this year—the bond for 700l. is in the hands of the trustees, I believe, or their solicitor—I don't think their account has been below 1000l. within the last two years.
MR. SERJEANT PARRY. Q. I believe Mr. Gomm received the 1000l. I A. Yes, and passed it to my hands at the table—some of the gentlemen connected with the society take a favourable view of the prisoner's conduct, and others do not.
MR. COTTON. (re-examined). The trustees have not in their possession any bond of the prisoner's for the payment of money to the secretary—we refused to accept the 1000l., or to execute the bond—if any bond has been executed it has not been by me—I was elected in March, 1868, after the discovery of these deficiencies—I was again elected in March this year—a meeting of the society deposed the late trustees, and I was elected—these proceedings are undoubtedly sanctioned by a majority of the members of our society—Mr. Gomm is chairman of the committee of management—he with three others would have to sign cheques—any sums that have been drawn out must have been drawn out by him—I believe he is one of the gentlemen who took a favourable view of the prisoner's conduct—he accepted the 1000l.—I was there and saw his signature to it—I objected to it—it was laid before me, and I refused to accept it.
Cross-examined by MR. GIFFARD. Q. When was that? A. In January last—I never saw the bond; if it was a bond that was at that meeting, I refused to read it—I saw some writing, it was said to be a bond, and I refused to sign it—I did not say that I would sign it next day—I have no recollection of saying anything to that effect—I will swear I have no recollection of saying it—I think I might say I would swear it—I will swear that I would not sign it the next day—I certainly did not say that I would sign it next day with my co-trustees or myself—I have no recollection of saying I would sign it next day—my memory will not serve me.
MR. SERJEANT PARRY. Q. Did you ever sign it? A. No, and never intended to—there was a good deal of excitement at the time the 1000l. was received, and I was urgently pressed by a great many gentlemen to sign it, but I did not, and I have never known anything of it since.
MR. GIFFARD. Q. There was a sort of agitation got up against you for refusing to sign it, and you were deposed, I think? A. Yes—there was a deposition of the present trustees in consequence of their refusing to sign this bond and accept the money; but at a subsequent meeting, much larger than that, they were re-elected—it was said that the prisoner, in a letter, offered to pay anything that might be found to be due by an accountant—that was in January, 1868.
Several witnesses deposed to the prisoner's good character.
NOT GUILTY .
(See Old Court, Friday).
THIRD COURT.—Thursday, June 10th, 1869.
Before Mr. Common Serjeant.
554. FREDERICK WYTHE (23), and WILLIAM METCALFE (25) , Burglariously breaking and entering the dwelling-house of Frederick Wells, and stealing one coat, thirteen knives, two pieces of cloth, and other goods, his property.
MR. GRIFFITHS. conducted the Prosecution; and MR. PATER. defended Wyths.
ISABELLA WELLS . I am the wife of Frederick Wells, of 19, Lisle Street, Leicester Square—on the morning of the 4th May, I was awoke by a light outside my bedroom door—someone had lighted my lamp—I saw Wythe in the room taking my husband's coat from a peg on the door—I sat up in bed and looked at him, and then I jumped out and got the life preserver—he shut the door and went out, leaving me inside—he ran down stain, and I ran after him—he took the lamp with him to the bottom of the stairs, and I followed—he went out at the front door—I came back again and went into the sitting-room, and missed a table cover—I went into the parlour, and found a desk had been opened and the letters scattered all about—I also missed thirteen knives, four forks, a spoon, and a shawl—the value of the things I lost was about 8l.—I am quite sure Wythe is the man.
Cross-examined. Q. When was it you saw the man again? A. At Vine Street Station, in custody, perhaps a fortnight after—I was told that the man was in custody—the sergeant came and said he thought they had got the prisoner, and he wanted me to go and see if he was the man—I went there and saw the prisoner, and said he was the man—I gave a description of the man before that—the sergeant did not point out Wythe and say, "Is not that the man?"—when I went to the station they shut the door and said, "Wait a few minutes"—they then let me into a room with some persons in it, and Gould said, "Now you can pick the person out if he is there"—I went up to Wythe immediately—I can't say how many men there were—Sergeant Gould opened the station door—the policemen were coming out to go on duty, and he sent me back again till they put the prisoner with a few more, and then they let me in—he said, "If the prisoner is there, you can pick him out"—there were from six to eight men, I should think—I never saw the prisoner before I saw him in my bedroom—he had a hat on when he came into my room—his face was towards me—I could see it as plainly as I can see yours—I never saw his face after he left the room till I saw him at the station—I am quite certain he is the man.
GEORGE UPSON . (Policeman B 119). On 20th May, about 2.30 in the morning, I went to Old Pye Street, Westminster, to the first floor front room, and found two knives and forks there (produced), Metcalfe was in the front room in bed, with a female, and Wythe was in the back room—there is a door leading from one room to the other—I found the two knives in Motcalfe's room, that was all I found with reference to this case.
CHRISTOPHER GOULD . (Police Sergeant C 14). I went to 43, Old Pye Street with Upson—I found Wythe in bed with a woman—I told him I should take him in custody for being concerned with Metcalfe in a burglary at, 19, Lisle Street—he said "Very well, it's rather warm"—I searched him, and found these two skeleton keys (produced), I tried one of those to the door of 19, Lisle Street, and it fitted—I found three other skeleton keys and a common door-key on the mantelshelf—on the way to the station he said, "You have buckled me to rights this time, but don't heap too much on me"—at the station Metcalfe said, "Will you tell me who gave you the information where to find us? Had we known that you were coming you
would not have found us there"—I afterwards went to Mrs. Wells' house, and she came down to the station—Wythe was put with half-a-dozen other men, and she picked him out—she had no difficulty in doing it—I did nothing to induce her to pick him out, nor did anyone else—I was there the whole time.
Cross-examined. Q. What time did you go to Wythe's place? A. About 2.30—we broke the door open—I did not point to him when the lady came to identify him—she had given a description of the man before.
MORGAN MORGAN . (Policeman B 277). I went with the other constables on 20th May, to Old Pye Street—I apprehended Metcalfe—I found a skeleton key, these files, and this vice in the room he occupied—I also found several knives there—I did not know that there were any missing at that time.
Cross-examined. Q. It is a furnished lodging-house, is it not? A. There is very little furniture in the place—it is a lodging-house.
MARTHA WILKS . I am servant to Mr. Wells', at 19, Lisle Street—this knife is his property—I know it by the words on it, "Shear steel, warranted"—I am in the habit of cleaning the knives—there are two of ours here, one I gave to Sergeant Gould, and one I have spoken of.
PLEADED GUILTY.— Ten Years' Penal Servitude. (See page 160.)
METCALFE— NOT GUILTY .
555. WILLIAM METCALFE was again indicted with ROBERT ROUTLEDGE (21) , for burglariously breaking and entering the shop of William Bourne Timewell, and stealing one portmanteau, two coats, and other goods, his property.
MR. GRIFFITHS. conducted the Protection; MR. MONTAGU WILLIAMS. defended Routledge.
THOMAS BABBIDGE . I live at 29, Model House, Grosvenor Mews—I am assistant to Henry Bourne Timewell, a tailor, of 8, Sackville Street—on Saturday, 15th May, I closed up the shop—on the Monday I received information, and went to the shop about 7.30—I missed several things—a portmanteau, three coats, four jackets, and three pairs of trowsers—I should say the value of the property missed is somewhere about 10l. or 12l.—I had seen them safe on the Saturday night—there was a piece of paper tacked on to one pair of the trowsers—I saw that on the trowsers a little before I closed the shop on the Saturday night.
JOHN FREDERICK SWAIN . I live at 17, Landseer Street, Battersea—I am in the employment of Mr. Timewell—about 6.30 on Whit Monday I went to the shop at 8, Sackville Street—I rang the bell—I saw someone through the letter-box in the door—I saw someone from inside looking through the hole—I believe there were more than one inside—I asked him to let me in as I was in a hurry—someone from the inside opened the door, and I went in—I tried to open the door which leads into the workshop—I went past two men in the hall—I looked at them as I went in—to the best of my belief Routledge was one of the men—a shorter man was with him, who I could not identify—I tried the door of the workshop, and one of the men said, "You must go that way, the door on the right; that leads into the private
part of the house, you can get to the workshop that way"—I went into the shop, and found the door and window open—I saw a portmanteau behind the hall-door as I went in—it was closed, I could not see whether there was anything in it—when the men came the portmanteau was gone—I found that the shop had been ransacked, and in confusion; the things all thrown about the place—I saw another portmanteau in the shop with clothes and cloth inside—there was also a sword lying near that portmanteau—I then went to Vine Street, and gave information to the police.
Cross-examined. Q. You told my friend that you believe there was more than one person; what do you mean by that? A. There were two persons in the hall when I was let in at the front door—I said before the Magistrate that I believed Routledge to be one of the men, but I might be mistaken—I said I saw two persons there, and to the best of my belief Routledge is one of them.
COURT. Q. When you saw two strange men in the hall, did not you say anything to them? A. No; because I had only been employed by Mr. Timewell for three weeks, and, it being Whit Monday, I did not know whether it was any of the occupants of the upper part of the house going out.
THOMAS WALSH . I live at 15, Little Brooke Street, Regent's Park, and am a cab-driver, badge 16,393—on the morning of Whit Monday I was going down Regent Street about 6.30, or 6.40, with my cab—as I was passing Jermyn Street the two prisoners, with a portmanteau, hailed me—the portmanteau seemed very heavy—they were very warm, and appeared in a great hurry—I am certain the prisoners are the two men—Metcalfe said, "You are the chap I want to see, cabby; make haste, we are all behind"—they told me to drive them to 18, Compton Street—on the road the porter of an hotel in Gerrard Street hailed me—I do not know his name—he got on the box beside me to Compton Street—when we got there Routledge paid the fare—he gave me 6d. and sixpennyworth of coppers—I met a constable at the corner of Dean Street, and made a communication to him—Routledge took the portmanteau out of the cab—Metcalfe jumped out as quick as he could, and steps it up stairs—Routledge went up too, and brought ma out my fare.
Cross-examined. Q. What day was this? A. The 17th May—I had been out all night with my cab—I was going to the Charing Cross Station then, to meet the mail—if I had not got a fare then I should have gone home—I think I had half-a-dozen fares during the night—that would be about 10s.
Metcalfe. Q. Are you quite sure I am the man who hailed the cab? A. Yes; I know your features well enough—I don't make a mistake—I should not forget you.
MR. GRIFFITHS. Q. Where did the man go you took on the box? A. He went from the corner of Gerrard Street, to 18, Old Compton Street, and back again to the same place.
THOMAS WADE . (Police Inspector C). On Whit Monday morning the witness Swain came to the station and gave me information—about two hours and a half afterwards I went to 18, Compton Street—before that I went to Mr. Timewell's shop—I found it in great disorder, and the clothes all thrown about—I afterwards went to 18, Old Compton Street, searched the house, but did not find anything.
Cross-examined. Q. Did Routledge come to the station of his own accord? A. I was told so—I was not there at the time—I saw him there about 7
o'clock the same evening—I gave him the option of going or staying, and he preferred to stay—he said he was in bed at the time—he gave me his address.
GEORGE UPSON . (Policeman B 119.) Between 2 and 3 on the morning of 20th May I went to 43, Old Pye Street, Westminster, with Sergeant Gould—I went up to the first-floor and found Metcalfe in bed—Gould searched the back-room at the time I was in the front—I found this piece of paper (produced) on the mantel-shelf, in the room where Metcalfe was in bed—Morgan took him in custody while I and Sergeant Pickles searched the room—that was all I found.
Metcalfe. The piece of paper had some wafers in the day before, when I bought them.
CHRISTOPHER GOULD . (Sergeant C 14). On 17th May I was at the station—Routledge came there and said that he understood that some policemen bad been making inquiries about him, and from his description, and knowing of this robbery, I detained him—I told him that he answered the description of a man who committed a robbery at Mr. Timewell's—he made no reply—he went into the station just before me—he had time to speak to the other officers before I got there—he was placed with seven or eight others, and Walsh, Swain, and the porter Furrer identified him—they went in separately—Swain went in first, and Walsh about half-an-hour afterwards—they had no difficulty in picking him out.
Cross-examined. Q. Did you see him go into the station? A. Yes; he went in about ten yards in front of me—in the ordinary course of events he would see the inspector or sergeant on duty—he is not here.
Witnesses for Routledge.
JAMES BARROW . I am a seaman—about Whitsuntide I was lodging at 59, Castle Street, Leicester Square—I know Routledge—he lodged in the same room with me—eight persons lodged in the same room—it is a lodging house—I remember Whit Sunday—I was at home that night—I went to bed about 11.45—Routledge went up the same time as I did—I got up at 8 o'clock on Whit Monday morning—I saw Routledge in bed when I got up—his bed is about six feet from mine—the door is close to my bed—I am sure he never left the room that night—he was in bed at 6 o'clock in the morning, when I awoke—a man named Elkins sleeps in the next bed to me—I remember Whit Monday morning, because I asked the prisoner if he intended to take a holiday, or whether he was going to work; and there was another circumstance about a small cane he had, we had some discussion about whether it was a malacea cane or not—I heard that he went to the station on the Whit Monday night.
Cross-examined. Q. When were you at sea last? A. I left on 27th July last—I was in the United States sloop of war—I had sufficient money to live on from what I made during the naval war—there are no partitions between the beds—there are eight beds—there were eight persons there on Whit Sunday—they are not always there—I had no watch to tell the time—I counted the strokes of St. Martin's clock as it struck 6 o'clock—it wan about 10.20 when I had the conversation with him about going for a holiday—I always understood that he went to work in the day—I went before the Magistrate, but was not called—he was represented by a solicitor—I am not intimate with the other lodgers—I merely knew Routledge by sight—I did not think of this until I saw the charge against him.
WILLIAM ELKINS . I live at 57, Castle Street, Leicester Square, and sleep in the same room with Routledge and Barrow—I remember the night of Whit Sunday, 16th May—I slept in the room that night—Routledge went to bed about the same time as I did, somewhere about 12.10—I saw him in the morning about 9.20, when I got up—I sleep at some little distance from the door—I cannot say whether he left the room between those times—I was summoned to go to the Police Court for him—I remember Whit Sunday because it was my birthday—I heard that he had given himself up on the Monday night—one of the men at the house said something to me about it.
Cross-examined. Q. Do you know Old Compton Street? A. Yes, I should think it is about half a mile from Castle Street, or within that—I know Sackville Street—I should not think it was a mile from Castle Street—it is more than half a mile.
Metcalfe's Defence. The paper that was found in my room I bought some wafers in the night before.
ROUTLEDGE— NOT GUILTY .
METCALFE— GUILTY . *— Seven Years' Penal Servitude.
FOURTH COURT.—Thursday, June 10th,, 1869.
Before R. M. Kerr, Esq.
MR. MOODY. conducted the Protection; MR. RUSTON. appeared for Williams, and MR. MONTAGU WILLIAMS. for Pulley.
WILLIAM MURRAY . I am pot-boy to Mr. Jordan, of 42, Shepherdess Walk—on 28th April I was the last person up—I went to bed about 1.30—the place was all looked up—the tap room window was fast it is about three feet and a half from the ground—the blind was down—I was called up in the night, hut missed nothing.
Cross-examined by MR. RIBTON. Q. Do you know Williams? A. He has been in the house, but not often—my master looked the house up.
Cross-examined by MR. M. WILLIAMS. Q. Does the blind reach down the window? A. Yes—and there is a piece of wood at the bottom of it—it would be easy to put the blind on one side, it is an ordinary cotton blind.
JABEZ DOGGETT . I live at 44, Shepherdess Walk, opposite Mr. Jordan—my wife awoke me on this night—I jumped out of bed, looked out at the window, and saw two men walking towards the corner of my premises—I went down to see if my premises were all right; went back, put out the light, and saw the two men getting in at Mr. Jordan's tap-room window—their backs were towards me—the female prisoner was standing in a door-way, five or six doors down—I could not see her features then, but I saw her dress, and a few minutes afterwards I saw her as well as I see you—I saw a policeman, and whispered to him—he went back to the corner and whistled, and another policeman came—one of them went to the window, threw it up, and said, "Halloa, what are you doing here?"—I saw somebody come to the window, who said, "It is all right, we are going to have something to eat"—that was Pulley—the bull's-eye shone right in
his face—the constable jumped in at the window, and I then finished dressing, and went down to assist—when I went out the woman was at the corner of the street—I did not speak to her—one man went one way and one the other—I did not see the face of the one who was taken.
Cross-examined by MR. M. WILLIAMS. Q. Do you know the width of the street? A. Exactly seven paces, that is about 25 feet—there was a lamp on my side of the way—the blind was down just below the bottom pane, which is painted with the word "Parlour"—the blind was just below the edge of it—I have said, "I am positive the blind had the appearance of being up, and I could see the wainscot on the other side"—that is quite correct—the bottom pane is painted, and the window being open, I could see through, because the blind did not come to the bottom.
WILLIAM BEAGLEY . (Policeman N 94). About 2.45 I received information, and went to Mr. Jordan's tap room window—I lifted it up, pulled the blind book, and saw Williams and Pulley in the passage—I asked them what they were doing there—Pulley said that he was going to have something to eat—he afterwards said that he was going to have his supper—they rushed to the back, and I got in at the window, went through, and followed them over several walls—I only lost sight of them when they dropped over the walls—I eventually lost sight of Pulley, but kept Williams in sight till I found him in custody of 102 N—I had seen Hillier at 1.40, close to the spot, with the two male prisoners—there was no light in the room when I looked in—I used my lantern.
Cross-examined by MR. M. WILLIAMS. Q. Do you know a man called Little Harry? A. No—Pulley was taken at the House of Detention next day.
Cross-examined by MR. RIBTON. Q. Do you mean to say that you saw Williams in the house? A. Yes, in the passage—he was not lying down, nor did he appear to be waking up—I am sure he is the man.
MR. MOODY. Q. Did you take Pulley next day? A. Yes—I went to the House of Detention to see Williams, and found that a female had been there—I followed her to a beer-shop, and found Pulley in conversation with her and another female—they came out together, and I followed them, and took Pulley.
Williams. Q. It was not this woman who was at the House of Detention t A. No.
COURT. Q. Is Hillier an unfortunate woman? A. I do not know.
Hillier. Yes, I am.
CHRISTOPHER MARTIN . (Policeman N 473). On 28th April, a little before 2 a.m., I saw Hillier loitering about with two men, close by Mr. Jordan's—they went away till 2.40, and when the alarm was given she was standing near the spot—I lost sight of her till after the alarm was given—I did not see her in the interval, and then I saw her six doors off, and asked her if she was the same woman I saw with two men previously—she said, "You saw me with one man, not with two; I was with my husband"—I said, "Where is your husband?" she said, "He has gone round to the back, and clambered over the railings to apprehend the thieves"—she afterwards said that she did not know where he was gone—she was on the spot at the time of the alarm, and gave her address, Monyer Street, but it is false.
HENRY BILLINGS . (Policeman N 36). At 1.45 on this morning, I saw the three prisoners and a man not in custody, in the City Road, at the corner of Britannia Street—I spoke to them, and they walked away towards Shep-herdess Walk—I saw Williams and Hillier at the station, at 4 o'clock.
Cross-examined by MR. RIBTON. Q. Do you know the other man A. No—I do not think I should recognize him again—the prisoners were standing nearest to me—I identify them, because I had seen them before, but not that night.
ALBERT GILES . I am a carpenter, of 4, Underwood Street—on 28th April, my wife awoke me—I got a light, went into the kitchen, and found the prisoner Williams, who attempted to get out at the window which he had got in at, and which I believe had been fastened the night before—I gave him in custody—he told me that he came in at the door.
Cross-examined by MR. RIBTON. Q. Can you say postively that the window was shut? A. It was shut, but I cannot say that it was fastened—I know that it was 2.30, because I looked at the clock—he had not been in my house before.
HENRY WILLIAMS . (Policeman N 102). On 28th April, about 2.45 a.m., I was called to Mr. Giles's kitchen, and found Williams—I asked him what he did there—he said that he had run in there, by the street door, which was open, out of the way of a woman—I took him in custody—I detained him till Beagley came, who identified him as one of those who had been in the beer-shop—I found on him a pipe, a key, some lucifer matches and St.—Mr. Jordan's shop window was pushed up—I saw Pulley in the house—the constable asked him what he was doing there—he said he was going to have his supper—I said that it was rather a late hour for his supper, and he made a bolt to the back—I heard the breaking of glass and tiles, and ran into Underwood Street, and sprang my rattle—I saw Pulley next day at the station, with three others, and hare not the slightest doubt that he is the man.
Cross-examined by MR. M. WILLIAMS. Q. Did the man speak as if he was sober. A. Yes.
SAMUEL RAMSEY . (Police Inspector). I was at the station when Williams and the woman were brought in—Williams was sober—I asked Hillier, in Williams' presence, what she was doing there—she said, "I was standing with my husband when the rattle sprung, and my husband jumped over the palings to catch the thief; he has a black hat on, and wears a moustache."
Hillier. Q. Did you not ask me if I had been speaking to a man, and ask what sort of man he was? A. I asked you what sort of man your husband was.
Witnesses for Pulley.
GEORGE ROSEY . I work at the Birch Tree public-house—I saw Pulley there on 27th April—he came into the skittle alley about 8.30, and remained till 12 o'clock—he then went into the house, and the cheques I bad served him out he stood in the bar and spent—two other gentlemen were with him—he was in a complete state of intoxication when be left the house; he got so in the last two hours—he was drinking from 8.30—I saw Raverty there.
Cross-examined by MR. MOODY. Q. Are you the proprietor of the tavern? A. No, I am potman and waiter—they came at 8.30, and left at 12.55—I serve each man who plays with a 1 1/2 d. cheque, and if ha does not like to spend it then, he can spend it another time—I gave Pulley twelve or fourteen cheques, and he drank them all out—I was not a witness at the Police Court—I was first spoken to on Monday evening, when I had a subpoeligna—I heard nothing about the affair till last Monday night—Pulley
has played there several times, but I had not seen him for some weeks before—I know it was the 27th April, because he had half an ounce of tobacco on credit, and I put it down on a slate—I have not got the slate here.
ALFRED RAVERTY . I am a dealer in brushes, at 3, Kingsland Road—I was in this skittle-ground on 27th April—it was at the Birch Tree, Great James Street, Hoxton—I went between 8 and 9 o'clock, and saw Pulley there—the skittle-ground closes at 12 o'clock, and the shutters are put up at a little after—I remained in the bar till nearly 1 o'clock—Pulley was drunk, and I went home with him, which took about twenty minutes—he lives in Hoxton Street, Shoreditch—he was a little intoxicated when he came in between 8 and 9 o'clock, and then he was playing, and we had some cooper—when we got to his house I saw a light on the opposite side of the street, where Colcleugh lives—it is a boot and shoe-maker's shop—the door was open—other people were there.
Cross-examined. Q. Do you knew who they were? A. I do—I do not know how far the Birch Tree is from Shepherdess Walk—I hare only lived about two months in that neighbourhood—I do not know Mr. Jordan's—I cannot tell you how far from Mr. Jordan's I left Pulley—I was not playing at skittles, I was looking on—I had no cheques—Pulley won and lost—I first heard about them on the Saturday after he was taken—I did not go to the Police Court—I was subpaned last Monday—I know this was on 23rd April, because I met with an accident on Tuesday, the 24th—I had a fall, and got my face scratched—I have the mark of it now.
SARAH COLOLBUGH . My husband keeps a boot and shoe-maker's shop, opposite Pulley—on Tuesday, 27th April, after we had shut up, Mr. Pulley was led in drunk—his wife had been there during the day, but she was not there then—it was about 1.30 when Pulley came—George Lovejoy and Ephraim Figgins were at our house—Pulley took a bottle of gin from his pocket while he was there, and after that was disposed of Lovejoy and Figgins led him across the road—I followed across behind them—Pulley's wife had to take his boots off when he got home, and I helped her—I attended at the Police Court.
Cross-examined. Q. Where do you live? A. 36, Hoxton Street—that is about five minutes' walk from Shepherdess Walk—our shop was shut when Pulley came, but the door was open—I was in the back parlour—I have a clock in the shop—we had two paraffin lamps in the shop, because my husband and this man Lovejoy were at work, or rather they had just done work, and were smoking—my husband is here—I believe a gentleman left Pulley at our door, bat I did not see him—I went to the Police Court on the Wednesday week afterwards—I have known Pulley about four years—he is a neighbour.
MR. M. WILLIAMS. Q. Does he keep a confectioner's shop opposite? A. Yes—Lovejoy was helping my husband make a pair of boots for a gentleman, who was going into the country next morning.
GEORGE LOVEJOY . I was working for Mr. Colcleugh in April, and had worked for him eighteen months—I was there on Tuesday night, 27th April, and remained at work till past 12 o'clock, as we had a pair of boots to make for a gentleman who was going into the country next morning—when we had finished the boots we had a pipe—a man named Figgins came about 11.30, and remained there—I knew Pulley by sight, he was brought in at a little after 1 o'clock, and remained till nearly 2 o'clock or past—he was
very much intoxicated when he came in, and he did not get any better while he was there—I helped him across the road—he went into his home, and was put to bed.
Cross-examined. Q. Had Figgins been working at the boots? A. No—they were for a customer named Allen—Mrs. Colcleugh was in and out the whole time—a man named Raverty brought Pulley to the door, and I saw him—I only knew him by baring seen him once or twice—he came inside the shop, but did not stay—I will not say whether Mrs. Colcleugh was in the shop or in the parlour then—we had nothing to drink after Pulley came in, but he had a half-pint of gin in his pocket, in a bottle—I did not go to the Police Court—two or three days afterwards someone told me Pulley was taken—I have frequently seen him there.
EPHRAIM FIGGINS . I am a fancy cabinet maker, of 5, Charles Plate, St. Luke's—on 27th April I went to Mr. Cololeugh's, from 11 o'clock to 11.30, to get measured for a pair of boots—I stopped there till 2.15 or 2.20—Pulley was brought there very drunk, about 1 o'clock or 1.50—I helped Lovejoy to take him across to a house opposite—I was in his shop drinking some ginger-beer when he was put to bed—he sells confectionary.
Cross-examined. Q. And penny papers? A. No—I stopped there because Colcleugh and Lovejoy were at work; they were so horned that they could not leave off to take my measure, and I did not get measured at all, even after they had done work, because we were drinking then—Mrs. Colcleugh had a little drop—I could not stop there all that time without drinking a little—I drank porter, ale, or half-and-half, something of that kind—when Pulley came in there was the remains of a half-gallon which was sent for—I did not give him any porter; he drank some gin out of a bottle in his pocket—I was first spoken to about it two or three days after—I have seen Pulley at Colcleugh's once, but I am not in the habit of going there—I went to the Police Court.
JOHN PAUL PONCIONI . I am a solicitor, of 5, Raymond Buildings, Gray's Inn—I defended Pulley before the Magistrate, and had a half-dozen wit-nesses there, but the Magistrate said that it would only be waiting the time of the Court to examine them, as he had already made up his mind to commit—acting upon that, I did not call them.
WILLIAMS— GUILTY . He was further charged with a farmer conviction at Clerkenwell, in 1862, when he was sentenced to four years' penal servitude; to this he
PLEADED GUILTY. **— Ten Years' Penal Servitude.
HILLIER and PULLEY— NOT GUILTY .
They PLEADED GUILTY. to a common assault. — One Month's Imprisonment each, with Hard Labour.
PLEADED GUILTY. to a common asault. — One Month's Imprisonment, without Hard Labour.
MR. BULLEY. conducted the Prosecution.
Thursday night I went to bed about 1 o'clock, and left everything safe—next morning, at 5.40, I found the doors and windows open, and found no clothes to put on, I had to borrow some of my neighbour's—I mined a great quantity of clothing, value 30l., and 7l. in money—I gave information—I saw the prisoner at 12 o'clock, and accused him of it—he said, "Well, lock me up, and do your best"—another person was with him—he had been about the neighbourhood for some time, and had threatened to rob me—this silk, collars, tobacco, and other articles are mine (produced).
Prisoner. Q. Can you swear that I was concerned in it? A. By your threatening to do it—you threatened me because I would not allow you to rob a man on Tuesday in the street, and he went over to my place—he is here—I picked you out of six or seven others—I had suspicions of you.
ROBERT DOUGHLIT . (Policeman H R 31). I examined the prosecutrix's place, and found that the door of No. 10, next door, had been left open, and some-one had gone through and got over a low wail at the back of the prosecutrix's house, which had been entered from the rear—I found the goods the same evening, at 8, Paternoster Row, Spitalfields—the prisoner occupies a back room there on the ground floor, where there are some boards, which can be taken up, and goods could be dropped through into a cellar where I found them—he was taken the same evening—I burst the cellar door open, and found a cigar box lying there, and a bundle—I entered the prisoner's room by the back window, as the door was padlocked, and found some cigars and tobacco, and this piece of silk—the cellar door was nailed up.
Prisoner. Q. Did you ever see me in the room? A. No—the Magistrate did not bind the woman over to prove that you lived in the room, because you admitted it.
WILLIAM LEAKER . (Policeman H 46). I took the prisoner, and told him the charge—at the station he denied committing the robbery—I fetched Mrs. Large, of 58, Paternoster Row, who picked him out as living underneath her—he said, "I do live in the room," and the Magistrate did not bind her over—I found on the prisoner three pieces of cigars, a sixpence and two knives.
JOHN FRANCIS . (Policeman H 134). On this Friday morning, about 3.45, I saw the prisoner come out of Paternoster Row, with a man and woman—the man left him, and went down Crispin Street—the prisoner said that he must go to work.
He was further charged with having been before convicted at Westminster, in April, 1866, to which he
PLEADED GUILTY.— Seven Years' Penal Servitude.
OLD COURT.—Friday, June 11th, 1869.
Before Mr. Recorder.
NOT GUILTY .
For the remainder of the Cases tried this day, see Surrey Cases.
NEW COURT.—Friday, June 11th, 1869.
Before Mr. Common Serjeant.
MR. GRIFFITHS. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
MARTHA ANN MORGAN . I am the wife of Thomas Morgan, of 54, Carnaby Street, Golden Square—on 25th February we lived at 2, Northampton Row, Clerkenwell—I went to bed at 11 o'clock on that night, leaving the house securely fastened—I came down at 8 a.m., on Thursday, the 26th, and found the parlour door wide open—I missed two cloaks, a silk cape, three rests, a shawl, two pairs of trowsers, and eight yards of woollen stuff—this shawl (produced) is mine.
THOMAS KNOWLES . (Policeman G 200). On 17th March I went to 3, Holborn Buildings, with two other officers—the two prisoners live there, but they were not there then—we searched the house, and found this dress (produced) which Mrs. Morgan identified.
Cross-examined. Q. Did you find any person there? A. A woman, in the front room second floor, where we found the dress—there are about eight rooms in the house.
THOMAS WOODWARD . I am assistant to Mr. King, pawnbroker, of 34, High Holborn—I produce a shawl, pledged with me on 25th February, for 5s., I do not know by whom, in the name of Matilda Baker—it is the one Mrs. Morgan identifies.
GEORGE RANGER . On 11th March I went, with the other officers, to 3, Holborn Buildings, and searched the house; and in a box, at the side of the bed, in the second floor front room, I found a black lane shawl and a vest—French and another female were in bed—I asked French how she accounted for them—she said, "I bought them some time ago"—while I was searching under the bed, I heard someone lift up the window—I saw French with her head out at the window, and heard steps running down the court—she said, "Step it, you b—, as the house is surrounded by police!"—an officer chased one of the men, and brought him back (See page 151)—while I was searching, I saw French pass this purse to the other woman; it contains fifteen tickets, one of which relates to the shawl—I took French, and a man who is not here, and charged them with this robbery—at that time Mrs. Morgan had removed from Clerkenwell; and I not knowing where she had gone to, the female was discharged.
Cross-examined. Q. How many rooms are there in the house? A. I think eight—they are all bed rooms—another person, who is not here now, was in the next room.
GEORGE UPSON . (Policeman). On 20th May I went, with another officer, to Old Pye Street, Westminster, and found the two prisoners in bed together—they were taken in custody, and I told them they were wanted for a robbery on the G division, I believed in Northampton Row—they said that they did not know Northampton Row—French said she knew nothing about it—Wythe said, "It is no use to deny it; they have had us once, and she was turned up, or 'let go,' and they could do nothing with her."
MARY ANN BERRY . I am the wife of Robert Berry—No. 3, Holborn Buildings belongs to my father—the prisoners lived there as man and wife, and were his tenants—I know them well—they removed from No. 12 to No. 3—they were at No. 3 on 23rd and 24th February; they left on 16th
March—I knew them both as French—I was present when the female prisoner was taken in custody—she threw open the window and called out to the male prisoner, "You b—fool, run, here are the police!"—he has not been near the house since.
Cross-examined. Q. What is your father's name? A. Michael Walth—he has ten houses in Holborn Buildings, some of them are let out in furnished apartments, but a great many of them are let empty—we never let a room to more than two persons; that is, man and wife.
French. Q. Did you see me halloa out at the window? A. Yes, I was standing at the street-door of No. 9—I saw Wythe, but you took care not to let him come near.
French's Defence. This is not the man who lived with me at that time. I only halloaed to the man who has got seven years'.
WYTHE— NOT GUILTY .—
FRENCH— GUILTY. † of receiving. — Eighteen Months' Imprisonment.
MR. BESLEY. conducted the Prosecution; and MR. MOODY. the Defence.
EDWARD HEAD . I am a printer, of 20, Lorraine Road, Wandsworth—in 1867, I was proprietor of the British Lion, penny weekly Conservative paper, at 275 1/2, Strand—I employed the prisoner 24th June, 1867, to obtain advertisements for the paper, and was to pay him 20 per cent, commission on the amount of the orders—he brought me orders for advertisements on printed forms nearly every week—he from time to time drew the 20 per cent—among other orders he brought me this one of Mr. Benham's, and this (produced) if his receipt for 9s. 1d., which I paid him—here are two other orders from Mr. Ross which he brought—one is for six insertions at 17s. a week, and the other for seven insertions more—he brought me three orders amounting to 5l. 0s. 2d., and I paid him 1l. 0s. 4d.—on 8th August he brought me this order from Mr. Newton, and I paid him the 20 per cent upon it—I have searched for his receipt, but have not found it—he did give, me one—if I had known that these were not the orders of persons advertising, I should not have paid him the commission—he brought me thirty-four or thirty-five orders, and I have only got the money for two of them, 2l. 5s. and 13s.—I have met the prisoner once or twice since Christmas, but I had no proof in my pocket, and could not give him in charge.
Cross-examined. Q. Did you establish the paper? A. Yes—I employed a man named Allen under me, and he introduced me to the prisoner—Allen told me what the usual commission was, and I told him I was willing to pay it—the British Lion did not turn out a very fortunate speculation for me, it was the cause of my failing to a certain extent—I have been a good deal occupied with my private affairs since May, passing through the Court, and Allen has been working for himself—these orders are on printed forms—I do not know whose writing this is upon them—this one of Mr. Ross's looks like the prisoner's writing, but I do not think the others are—I did not give any of these printed forms to a person named Field, that I am aware of—I never saw him, that I am aware of—I was not engaged at Mr. Smith's election committee room, I was at the Constitutional Association—I do not think I have attended there since September, 1867, and I parted with my paper about June 1868, before it came to grief—I never saw the prisoner engaged there.
MR. BESLEY. Q. Did the prisoner ever come near you at all? A. No—he came one Saturday for his money, and I told him that I had ascertained that some of the orders were forgeries, and I should not pay him—he came again on Monday, to see if he could get his money—I saw Mr. Flowers, the Magistrate, later in the day, and did not see the prisoner again for months.
MR. MOODY. Q. When you said, "I find that order is forged," what did he say? A. He seemed surprised, but wanted his commission—he did not say that he had not taken that order himself, or anything to that effect.
ROBERT FITZROY BENHAM . I am a manufacturer and patentee of novelties, in Basinghall Street—in 1867 I was advertising in different publications—this order, dated June, 1867, for thirteen insertions, at 3s. 6d., is not my writing, or written by my authority—the prisoner called on me occasionally, to solicit orders; but I did not give him this order verbally, nor did I authorize him or anyone to write it on my behalf.
Cross-examined. Q. Was he canvassing for the British Lion? A. For a number of papers; but I did not know that there was such a paper as the British Lion in existence—it was about the spring—I do not recollect seeing him in June—I have a brother named James—this is not his writing.
ALEXANDER ROSS . I am A perfumer, of 248, High Holborn—the prisoner called on me occasionally for orders for newspapers this order of 25th July, 1867, is not written by me, or by my authority, nor is this letter: "248, High Holborn, 29th September, 1867. Sir. Please to continue my advertisement in the British Lion, for seven weeks, at the same rate, 17s. 6d. Yours respectfully, A. Ross."
FREDERICK NEWTON . I am a scientific instrument maker, of 3, Fleet Street—no one named Charles Newton lives with me—I do not know the prisoner—this order is not written by me, or by anybody by my authority—(Read: "To the publisher of the British Lion. Sir. Please insert the advertisements in the British Lion. Charles Newton, 3, Fleet Street 8th August, 1867. Thirteen advertisements, at 8s. 6d."
GEORGE PEARCE . (Policeman F R 28). On 28th May the prosecutor gave the prisoner into my custody—I told the prisoner he was charged with forgery—he said to the prosecutor, "What the devil do you mean?"—I found on him an umbrella, a little bag, and a purse.
Witnesses for the Defence.
CATHERINE WOOLF . I live at 1, Red Lion Street, Holborn—in 1867 I was landlady at the Angel Inn, 285, Strand—I knew the prisoner during the time I kept that house, which was a year—he frequented my house during 1867, and with a person named Field among others—they met there generally every day—there appeared to be business transactions between them—I have seen papers pass between them, which I think Field used to bring, and I think he showed them to the prisoner—they generally paid their scores on Saturdays, and waited for each other to pay me—I think Field used to wait for Mr. Boys, and then pay me; but it is some time ago.
Cross-examined by MR. BESLEY. Q. At what date did you leave the Angel? A. The 13th January, the commencement of last year.
DUDLEY FLACK . I live at 105, Brookfield Road—I knew the prisoner in the summer of 1867—I was employed in the British Lion office, writing for Mr. Head—I know Field, but have not seen him for the bat eight or
nine months—I have not seen him at the British Lion office, but at the Angel Inn, with the prisoner—I know they were together in business, in relation to advertisements passing between them—on one occasion the prisoner paid Field some money, who then paid Mrs. Woolf his score—their general conversation was about advertisements or business relating to the paper.
HENRY DOWERS . I live at 8, Orafton Place, Euston Square—I know the prisoner, and have seen Field with him in 1867, in Mrs. Woolf's house—I saw them together once or twice when I went to see Mr. Flack; but I did not hear their conversation.
Cross-examined. Q. Not only have you known him, but you are related to him? A. Not to my knowledge—I have been informed by my mother that she is married to him.
MR. DANWORTH. I am an advertising agent, of 92, Stamford Street—I have known the prisoner for ten years, he is an honest upright man—it is the custom for agents to pass advertisements from one to another when they are not employed on the same paper.
SAMUEL RAYMOND . I live at 11, Beaufort Buildings, Strand—I have known the prisoner since 1861 as a very respectable man—I never heard anything against him—he is an advertising agent—I saw him several times in 1867 and 1868; I have never missed him.
Cross-examined. Q. Did you ever see him in the Strand in 1868? A. I must have, many times—I cannot mention a month—I did not come here to give evidence, but the prisoner saw me in Court and called me.
GUILTY.—Recommended to mercy by the Prosecutor. — Four Months' Imprisonment.
563. MARY ANN COGAN (31) , Stealing one brooch, one tea-spoon, and other articles, and 40l. in notes, the property of Margaret Sarah Saville, in her dwelling-house; and MARY ANN BELSHAW (51) , feloniously receiving the same.
MR. MOODY. conducted the Prosecution.
MARGARET SAVILLE . I am single, and live at Queen Street, Hammersmith—I received a sum of money from my aunt, Mrs. Platt, who died about May, 1868—I kept a portion of the money in my room, and on 13th May, this year, Cogan, who is my aunt by marriage, and her little girl, came to stop with me—I had then 65l. in notes, a 20l. note, four tens, and a five—I also had a brooch, and some other articles, which I subsequently missed—I kept them in my looking-glass drawer—they stayed with me from the Friday till the Whit Monday—I last saw the notes safe on Thursday, the 13th, when Cogan came—on Tuesday the 18th I missed a 20l. note and two tens—I gave Cogan in charge on the Tuesday at her mother's house at Bow, for stealing them—she said that she did not know anything at all of them, she had not had a bank note—I asked the little girl, and she said that she did not know anything about them—before she came to the station I spoke to the little girl in the prisoner's hearing, and she said, "Well, I will tell the truth, I took them, and mother told me to take them"—I said, "What did you do with them?"—she said, "I gave them to my mother"—the mother turned to the prisoner, and said "I have got them; the little girl took them, and they are yours, and you have seen as much of them as you ever will see"—I have not seen them since, and do not know the numbers—this brooch (produced) is mine, I did not miss it till we were at the Court.
RICHARD BROCKFIELD . (Policeman K 271). On 19th May, I went to Mrs. Belahaw a house, Old Ford, Bow, and found Cogan there—I told her she was charged with stealing 40l. in notes—she said, "I have not seen anything of them—on the way to the station her little girl said something, and she turned round to the prosecutrix and said, "You shall never have them, I will suffer the law; I took the money because my children wanted bread, and I shall have something to spend for them when I come out; there is no harm in robbing those who have got plenty"—I took her to the station, went back to Mrs. Belshaw's, and asked her if she had changed any notes; she said that she bad.
MR. MOODY. stated that he would offer no further evidence against Belshaw, and a verdict was taken of
NOT GUILTY .
MARY ANN BELSHAW . (The prisoner). I am now acquitted upon this charge—when my daughter returned she said that she was very hungry, and would I lend her something to get something to eat—I said I was very short of money—she (Cogan) gave me two notes, a 20l. and a 10l., which I changed on Monday night, the 17th, and Tuesday morning, the 18th—the 20l. at Walton & Hawall's, with whom I deal, and the 10l. at Mr. Paull's, my baker—I keep a chandler's shop—my daughter said that she had got her own, that had been left to her—I gave her box up to the constable, locked.
JOSEPH GOODSON . (Policeman). After Cogan was in custody I went to Mrs. Belshaw's, who gave me a box, looked—I opened it, and found two 5l. notes, this brooch (produced), a pair of ear-drops, a tea-spoon, and other articles, which the prosecetrix identifies, 15l. in gold, 10s. 5d. in silver, and some copper—Belshaw said that her daughter gave her the brooch to take charge of—I went back and asked her if she had got any more notes, and she said, "No!"
Cogan's Defence. My children wanted bread, and she had got 30l. belonging to me, which she would not give up. She said that it was in the Post Office Bank. My aunt left it for me.
The prisoner COGAN. called
EMMA MARIA SAVILLE . I am the prosecutrix's sister—I produce the probate of the will under which this claim is made—I am the executrix—the prisoner takes 2001. in the 3 per cents, under the will—nothing has been done yet in reference to it—we are going to put them into a school—it is left to me to hold in trust, and I purpose to put the children to school, and to pay 30l. down for each child.
Cross-examined by MR. MOODY. Q. Is there a sum of 30l. and 10l. in a Post Office Savings' Bank? A. That is not in the probate, but my aunt said before her death that it was put in my name and the prisoner's, intended for the prisoner, but not to be drawn out without my consent—I put it into my sister's hands to endeavour to find the book, but could find no trace of it—I asked the prisoner what she intended to do with the money when it was found—she said that (the intended to put it away until she was old, and not to make any present use of it—I have never been able to find it—I cannot learn that any such sum has been drawn out, standing in such names, nor yet put in.
Cogan. I believe it was never put into the bank, it was left in bank notes. Witness. I do not know of any such sum being found in notes.!
Cogan. I wish my children to be put in the workhouse, and let them
have the money. I do not wish for the 30l. now, so long as my children are righted. I have been a widow three years, and it is a shame.
COGAN— GUILTY. of stealing the brooch and other articles, but not the notes. Recommended to mercy by the prosecutrix, and also by the Jury, who believed her to have acted under provocation and a sense of wrong. — Four Months' Imprisonment.
THIRD COURT.—Friday, June 11th, 1869.
Before Robert Malcolm Kerr, Esq.
564. GEORGE EDMUND REID (42), and EDWARD JONES (25) , Unlawfully obtaining by false pretences from Alfred Shingleton and others, divers sums of money, with intent to defraud. Fifth Count—For a Conspiracy.
MR. STRAIGHT. conducted the Prosecution; MESSRS. HARRIS. and DAVIN. defended Reid; and MESSRS. COOPER. and GRIFFITHS. defended Jones.
ALFRED SHINGLETON . I am a printer, and live at 4, Andrew's Road, Andrew's Fields, Hackney—in August, 1861, I became possessed, through my wife, of this policy (produced)—it is in the name of Martha Lee for 6l. 6s.—the consideration being the payment of 2d. a week—it is dated 5th August, 1861—from that time till April, 1867, I regularly paid my 2d. a week—Mr. Cotton was the collector—in April, 1867, I received from him this certificate of membership in the "Provincial Union Assurance Company, Limited"—it was in the name of Martha Lee, 23, Canal Road, London Reids, and dated 15th April, 1867—my wife was the niece of Martha Lee—I continued paying my subscription to Cotton down to a twelvemonth before the death of Martha Lee—after that I paid it to Mr. Maskell till Martha Lee died—on 3rd February, 1868, I paid 1s. 4d. to Reid at the office, 4, Chatham Place, Blackfriars—he received it in the ordinary way, and entered it in this book—he gave me the book at the time—the 1s. 4d. was due on the policy in the Provincial Union Assurance Company, Limited, after that I continued paying the 2d. a week up to September, 1868—when I went to the office in February, 1868, I think Maskell was there—Mr. Cotton had not called on me for some time, and the amount had run to 1s. 4d., and I called to know how it was—Martha Lee died on October 16th, 1868—I went to the office about three days after that, and I saw Reid—I told him that she was dead, and he told me to bring the necessary papers and he would look into it—I went away, and about two days after I took the Friend in Need policy, a certificate of death, and the bus—I could not then find the certificate of membership—I saw Mr. Maskell there, and left them there—I called again about a week after, and saw Reid—he told me he had been in the country, and had not had time to look into it, but a collector should call in a few days—I waited about a week, and called again—I saw Reid—he told me the collector was ill, and had not been able to see into it, but that someone should call in a few days—I called again about a week after with my wife—we saw Reid—he told us the collector was still ill, and had not been able to do anything in the matter—my wife said, "It looks very strange; if the money is not soon forthcoming, something will have to be done in the matter"—Reid replied, "We must have our way of doing business, as well as other persons"—I called again a few days after, on the 10th November, I think—Reid took me into his private room, and told me they had no money for me, that the funds were very low, and there
was not above 2l. in the banker's hands; but if I would call on the following Wednesday, he would endeavour to give me part of the money—I called on the Wednesday, I saw Reid again, and he said the committee would meet on the following evening, could I make it convenient to see them at 7 o'clock—I went the following evening about 7 o'clock, he then said the committee had just stepped out, would I wait, they would not be long before they were back—I waited twenty minutes or half an hour—I then saw a man named Cornish—he went the Reid first, and then beckoned me into the private office—he said, "I believe you have a claim from your wife's mother?"—I said, "My wife's aunt"—he said, "I know it is a hard case, but we are not bound to pay you a shilling; the company from which you claim is now being wound up, or was wound up in June, 1868, and is now in the hands of the liquidators"—I had never bean informed of that till then—I asked why the money was taken after the company was wound up—Reid said, "It was to their interest to get as much as they could, and it was their fault not letting me know," or words to that effect—Cornish said they had taken the matter into consideration, and they would give me 30s. if I would settle the matter at once—I refused to do so—I then left the office, and about two days after I wrote Reid a letter, in which I stated all the facts—it was returned to me in a few days with all the papers I had left at the office—I never received the 6l. 6s. due on this policy—I paid Maskell in July and August—he signed his initials to the amounts, "A. K. M."—when I paid those amounts to him in July and August, I was not aware that the Provincial Union Assurance Company was wound up in Chancery—if I had known that I should not have paid the money—I paid upon the frith that I was paying to an existing company.
Cross-examined by MR. HARRIS. Q. You say that the company was wound up in June, 1868? A. Yes—in November, 1868, they offered to give me 30s.—I refused to take that, I thought that if I was entitled to 30s. I was entitled to the whole—I made one payment to Reid himself, in February, 1868, six months before the company was wound up—I never saw Reid before that—I have not seen him write since that—he gave me a paper with the liquidators' addresses on it—I can't say that I saw him write it—this book was given to me on 3rd February, by Reid, at 4, Chatham Place—it has been in my keeping since that time—there was someone else in the office at the time, but I forget who it was—I did not pay any after 3rd February, till the 9th March—the collector did not call, and I went again to the office—I don't know who it was I saw then—Maskell and Reid's brother were the collectors that called after that—I could almost swear that the entry on the 3rd February, in this book, was not entered after the others—I paid the amounts on behalf of the deceased—Reid received the 1s. 4d. on 3rd February, and he gave me the book, with 1s. 4d. entered, and his initials to it—I have no other evidence of the payments except this book—I have no other receipt but that—this entry on 18th May, "National Provincial Company," I will venture to say was never noticed by my wife or the deceased—I never noticed it.
MR. STRAIGHT. Q. Are you sure that on 24th August, you paid 4d. to Mr. Maskell? A. Yes, at my house—I paid that under the belief that the Provincial Union Assurance Company was in existence.
ELIZABETH MANLEY . I live at 6, Pepper Court, Union Street, South-wark—I am a widow—my husband, Henry Manley, was insured at one time in the Friend in Need Society—that was afterwords changed into the
Provincial Union Assurance Company—I had a policy in that company—I gave it back to Mr. Reid, at the office—my husband died on 15th December, 1868—from April, 1868, down to his death, we paid our 4d. a week regularly to Mr. Sinnett—after my husband's death, I sent my son to the office, and from information I received I wrote to Mr. Sinnett, and received some information back from him—I went to 4, Chatham Place, myself, on 17th December—I saw a young man there, and in consequence of what he told me I went home to get the certificate of my husband's death, the policy, and the book—I sent them to the office with my daughter, and I went again on 19th December—I saw Mr. Reid—he said he was very sorry for my loss, but he was more so that I had any claim on the society, as the Provincial Union had been broken up since the 15th or 25th of June, I don't know which, and that the agent had put my husband and myself into his society on the 7th September, and we must be six months half free, and a twelvemonth free, before we could receive any benefit; but the committee had taken my case into consideration, and had given me 4l., and that I most sign a paper to let the gentlemen see that he had paid me the 4l.—I told him I could not write—he said he would write my name, and I must put my mark—the paper that I put my mark to had three or four lines of writing across the stamp, but I could not see the top part of the paper, because the prisoner put his hand across, to steady the paper while I put my mark—I believe this is the paper (Read: "London, 59203. Amount, 4l. National and Provincial Union Assurance Company, chief office, 4, Chatham Place, New Bridge Street, London, E. C. 19th December, 1868. Received from Mr. George E. Reid, agent for the above society, the sum of 4l., being the amount of death claim due to me this 20th day of December, 1868, in full of all demands on this society. Elizabeth Manley, her mark X. 6, Pepper Court, Borough."—I received the 4l., and since then I have paid money on my own life—before I put my mark to that document it was not read over to me at all—ho did not tell me he was giving me the 4l. in full of all demands on the society—I never received my policy back, or the book; I left them at the office—when I paid my 4d. a week, in August, September, and up to my husband's death, I believed that the Provincial Union Assurance Company was in existence; the collector told me it was—I paid 1s. once a fortnight; that was 4d. a week for my husband, and 2d. a week for myself—I did so under the belief that the society was in existence.
Cross-examined by MR. HARRIS. Q. Did you see the prisoner write your receipt for 4l.? A. No, it was already written—he only signed my name to it; that was all I saw him do—he said he would give me one of his policies for the one I had got—he showed me one of them, and also one of their books—he showed me the difference between the two—I have not paid for myself since the 18th January—I never paid Reid a farthing—I received the 4l. from him.
ANN MANLEY . I am the daughter of the last witness—on 18th December I was sent by her to 4, Chatham Place, Blackfriars—I saw Reid—I had the certificate of my father's death, my mother's subscription-book, and the policy—I told him I had brought the things, and he told me I was to tell my mother to call again the next day, and I was to leave them—I said I had not any authority to leave them and I did not know what was to be done about it—he took them from me and exammed them all—he said I seemed very frightened about leaving them, and he told me the
board would sit that same day, and if I did not leave them there there would be no notice taken of them for another week, and then I left them with him—I went again about five weeks after my father's death—Mr. Reid was then out of town—I went about five weeks after that—I told him I had called to know whether he intended giving my mother the remainder of my father's burial money—he said he did not know anything about it; he had given her 4l. out of charity, and that was more than she was entitled to, as the society had changed hands—I said I had been given to understand the society had not changed hands, only there was a new secretary, which was Mr. Reid himself—he said I had better speak to Mr. Sinnett about it—I asked him if he would return the book and papers he had detained—he said he could not do that until my mother sent back the 4l., and then he would return all the documents.
Cross-examined by MR. HARRIS. Q. Mr. Reid told von the society had changed hands? A. Yes—at the end of December, 1868—I never saw him before that.
JOHN SINNETH . I live at 14, Grove Road, Battersea—I am a builder—from time to time I collected subscriptions from Mrs. Manley—she was in—she my district—I was collector for the Provincial Union Assurance Company had been a subscriber regularly before to the Friend in Need—that was absorbed in the Provincial Union Assurance Company—I received a shilling a fortnight from her—she lived at 6, Pepper Court, in the Borough—I handed those moneys to Mr. Reid at the office, 4, Chatham Place—I began collecting from her in January, 1868—the Provincial Union Assurance Company was in existence then—at that time Mr. Johnson was the manager—Reid was the superintendent of the agents—I continued collecting from Mrs. Manley during 1868, and finished in February this year—I was aware that the Provincial Union Assurance Company was wound up in June, 1868—I understood that it had amalgamated with another company—I told Mrs. Manley there were changes in the office, but the business would be carried on the same as usual—I did not tell her it was wound up in Chancery, because there was not a shilling to pay its debts—there were premises at 4, Chatham Place, and 11, Serle Street, Lincoln's Inn Fields—in the beginning of August Reid and Johnson quarrelled, and after that Reid carried the business on at Chatham Place—I paid all the moneys I received from Mrs. Manley to Reid, except one which I paid to Mr. Johnson in August—on 30th June I paid a shilling to Reid.
Cross-examined by MR. HARRIS. Q. Mr. Johnson was the head of the whole concern, was not he? A. He was the head of the Provincial Union—I used to collect about 6l. a week in shillings and fourpences and two-pences—I knew Mr. Johnson when I first went, in January, 1868—he was the manager then—I collected for Johnson as manager of the Provincial Union—he was manager till the concern was wound up in 1868—I told Mrs. Manley there was a change in the company—I don't recollect when that was—I heard of the change through the other agents—I can't say that I heard it through Reid—I was prosecuted for obtaining money by false pretences and handing it over to Mr. Reid.
MR. MTRAIGHT. Q. Did you know until some time after that the Provincial Union had been wound up? A. I did not.
ALFRED MASKELL . I reside at 22, Aylesbury Street, Clerkenwell—I have known Reid and Jones for some time—in 1867 and 1868 I was a collector in the Provincial Union Assurance Company—I collected from Mr. Shingleton—these
are my initials—I received all those sums up to the 24th August from Mr. Shingleton for Martha Lea—I paid them to Mr. Reid at 4, Chat-ham Place—I received 4d. on 24th August; I paid that to Reid, and hold the receipt for it—there is no pretence for saying I paid it to Mr. Johnson—I was aware that the Company was wound up in June—I heard of it about the middle of June—I can't say the day—I did not communicate to Mr. Shingleton that it was wound up, or to any of the other subscribers—I continued collecting in July and August from the same persons I had collected from before, for the Provincial Union—I did that under Reid's directions—this is the receipt I got for the week ending the 24th August—(Read: "National and Provincial Union Assurance Company, Agent's Receipt Returns of collections from 17th August to 24th August, Agent: A. R. Maskell To various amounts collected, 1l. 10s. 5d.; salary 1l.; to cash received 10s. 5d.; 2nd September, 1868, received for the Company 10s. 5d., G. E. Reid.")—I collected about two days in the week, and did work in the office as well—I wrote "National Provincial Assurance Company Limited" in Mr. Shingleton's book, when I supposed it to be amalgamated with the other—in November I saw Shingleton at the office—Reid was there—he brought some papers, and had a conversation with Reid—he was called in the private room, Cornish was there, and he and Reid offered Shingleton 30s. for his claim—Mr. Shingleton refused to take the money, and walked away—a committee used to meet there, consisting of agents—they were Dean, Sinnett, Jones, Cornish, and myself—in July, 1868, Reid told me that he and Johnson had quarrelled, and that for the future the business would be carried on at 4, Chatham Place, only—it used to be at 11, Serle Street, as well—he said he intended registering the name under Mr. Tidd Pratt's Act, as the National Provincial Union Assurance Society—the name of Mr. Johnson's business at that time was the "National Provincial Union Assurance Company, not Society—I continued as agent and clerk to Mr. Reid, down to February last—I was paid a sovereign a week—we had paper with the name of the company stamped on—I remember on one occasion Sinnett came to me with four or five policies to be made out—I made them out and gave them to Sinnett—they were policies for the last company, the National and Provincial Union Assurance Society, Limited—I was given to believe that that society was registered while I was there—when I left I found it was not—there is the signature of Walter Taylor to this policy—I never knew a Walter Taylor on the premises—the date of that is 7th December, 1868—there was a Mr. Kiddie there—I first knew him in November, 1868—in November, 1868, Mr. Reid called a meeting of the agents and the committee of the National and Provincial Union Assurance Society, and he told us that he was about to alter the name into a company, with "Loan" attached, and that we must consider ourselves servants for the future, and if we did not like it we must take our hook—it was then called The National and Provincial Assurance and Loan Society Limited—Mr. Reid said that Mr. Kiddie was to be the manager of that society—I never saw any meeting of Directors of the National and Provincial Assurance and Loan Society, at 4, Chatham Place—I saw a prospectus of it in Mr. Reid's hands—this (produced) is one of them—I saw twenty of them at the office—I never saw any meeting of the directors whose names are mentioned there—this is the balance sheet—I see a sum of 2000l. entered as an asset—I never was aware of an asset of that sort—there is also an entry of the
furniture—there was a man in possession of the furniture in the office, at the latter end of August or September, 1868—I have known Jones for some time—he used to meet, with the rest of us, at the office—his duty was to collect, as an agent—Jones was an agent at the time of the meeting, when the name was altered—he was at the meeting—he was in the service when I left—an advertisement was put in the daily papers for a clerk, and a young man named Payne answered it—he was to deposit 50l.—I wrote to Payne, and he came—he stayed through October to the beginning of November, and then the man came and took possession—he wanted to know who the man was, and he was told that he was a distant relative of Mr. Reid's—Payne was asked to deposit his money, and he received a letter very suddenly from his father, stating he was ill and required him—Payne never deposited the 50l.—he left—on another occasion a small piece of paper was handed to me by Mr. Reid—this is the paper (produced)—it is in Reid's handwriting—that was in October, 1868—(Read: "When I tell you to go to the bank to get the cheque cashed, go and get 3l. of silver, and bring it in as though it was gold, so as to gull young Payne")—Payne was in the office at the time that was written—Reid came in and placed the paper before me—I went and cashed three sovereigns into silver, and jingled it down on the desk when I went back—it was in a bag—Mr. Kiddie answered an advertisement in November, and he was to pay 40l. down—that was paid—that was before the meeting I have told you about, when the Loan Company was started—Mr. Reid told me he was going to place it in the London General Bank—that was done, and I went and drew it out afterwards, to get the man out of possession—I took a cheque—Mr. Reid's relation disappeared, and I did not see him afterwards—the signature, "George E. Reid," to this policy, is Reid's handwriting, and also the signature in Mr. Shingleton's book—I am quite sure of that—I have seen Mrs. Manley at the office, and her daughter also—the policies that were given me I filled up the body of—I took them into Mr. Reid's room, and left them there—they were afterwards brought out by Reid to Sinnett, and were then signed with three names.
Cross-examined by MR. HARRIS. Q. You began to collect in August; who did you collect for? A. The National Provincial Assurance Company, Limited—that was Johnson and Reid—Reid was not secretary—he was assistant secretary to the National Provincial Company in July, and then they quarrelled—I did not collect for Johnson, he was in Serle Street—he had gone there in July—I told Mr. Shingloton that the society was amalgamated with the National Provincial Assurance Company, as you will see by his book—I thought it was genuine—there was a printed document sent to all the agents—I am now clerk to Mr. Johnson—I know what he is at the present time; he is manager to the English Provident Assurance Company—I can't say how long that has been in existence—I don't know who the directors are—I know Mr. Collette, the solicitor in this prosecution—he is Mr. Johnson's solicitor—Mr. Johnson is not prosecuting Mr. Reid, that I am aware of—Mr. Collette's offices are at 5, Bloomsbury Square—one Mr. Johnson's offices are in the same building, on the other side of the passage—is on one side of the ground floor, and one on the other—Mr. Johnson is the managing director of this new company—I have not much to do as clerk—I copy letters—Mr. Johnson does not use the same rooms as Mr. Collette, he has a separate place of his own—Kiddie was included in the charge before the Magistrate; but he was discharged.
Cross-examined by MR. COOPER. Q. You were a collector? A. Yes, formerly—I was a clerk in the office as well—the other collectors were the same—I paid something to the Provincial Union to obtain the place—Reid was superintendent to the agents—Jones paid also 25l., I believe, to the Provincial Union, as well as myself—he told me so—he received 25s. a week—he collected the same as myself—Reid told me that he had received a letter from Mr. Tidd Pratt, stating that the society was as good as registered—I can't say that Mr. Tidd Pratt was ill at the time this change in the office was going on.
HANNAH FILIMORE . I am the wife of John Fillimore, 37, Prospect Row, Woolwich—I was originally a subscriber to the Friend in Need—I received this policy on or about the 7th December, 1868, from Mr. Bray-brooke, a collector—I was in the habit of paying my subscriptions to him for about three years—after I received this policy I continued paying 6d. a week—I received this book (produced) from him—this is a policy in the National and Provincial Union Assurance Society—I paid the last amount on 19th April, 1869.
RICHARD SPYRES . I am a clerk in the register office of the Joint Stock Company—I produce the memorandum of association of the articles of the National Provincial Assurance and Loan Society, Limited—that was first brought to our office on December 24th, 1868, by a person giving the name of Reid, 4, Chatham Place, E. C.—that society was registered on 23rd March, 1869—I have never received any notice of the office—this document (produced) is the prospectus of the National and Provincial Union Assurance and Loan Society, to carry on the business of a Life Insurance, Loan, and Investment Company, and to grant policies against contingencies of life, capital, 10,000l., 10,000 shares at 1l. each—that is signed by "Henry Broomham, 116, Eaton Square, butler, 5 shares;" "Walter Taylor, 65, Eaton Square, butler, 5 shares;" "James Laing, 22, George Street, West-minster, gas-fitter, 5 shares;" "William Heather, 5, Bolton Street, Picca-dilly, estate-agent, 5 shares;" "Edward Jones, 21, Catherine Street, Pirnlico, commercial-traveller, 5 shares;" "George Edmund Reid, 4, Chatham Place, Blackfriars, 150 shares;" "David Kiddie, 64, Winchester Street, Pimlico, manager to the National and Provincial Assurance and Loan Society, 4, Chatham Place, E. C., 150 shares;"—on the first occasion the articles were not presented, merely the outside sheet—on the next occasion they were presented but not stamped, and on the 22nd or 23rd January they were sent back, and were then stamped.
Cross-examined by MR. HARRIS. Q. You never had any notice of the place of business? A. Quite so—it was presented first, not bearing a stamp, and we took no notice—it should be stamped with a 5s. stamp—this prospectus does not show that we had notice of the place where the business was carried on.
HENRY TOMPKINS . I am a clerk in the Friendly Society's Registry Office—at one time there was a society registered called the Friend in Need—there has been no society called the National Provincial Union Assurance Company registered, nor the National and Provincial Union Assurance and Loan Society Limited—in August, 1868, Reid came to the office, and left a set of rules in the National Provincial Union Assurance Society, 4, Chatham Place, New Bridge Street—I was aware at that time that the Provincial Union Assurance Company was being wound up, and I communicated that fact to Mr. Reid—I told him that the registrar would not certify to those
rules while the company was being wound up, until it came out of the Court of Chancery—I told him that I thought his society was an off-shoot of the one that was being wound up—the name was very similar—he came to the office two or three times after that, and asked for the rules—I asked him whether the affair that was winding up was settled—he said it was not, and I asked him to let me know when it was—one day, after I had been to the official liquidators in the case referred to, I asked Reid what had been done with the company, how it was proceeding; and he said he was going to start a friendly society in the name of the Provincial Union Assurance Company.
Cross-examined by MR. HARRIS. Q. Mr. Tidd Pratt was ill about this time, was he not? A. He was—he was confined to his bed for six weeks or two months, and during that time a general letter was sent round to the persons who had papers in the office, explaining the delay—I can't say that there was a great delay in registering companies—no other person could lign the certificate but himself—I don't recollect saying to Mr. Reid that the company was as good as registered, and they could go on—I told him that he could tell any person that he had left the roles at the office—I did not say that he could tell any person the rules were at the office, and it would be all right—I recommended him to go on under the Joint Stock Companies' Act, that there would be no delay then; at the same time, if he left it with us, he could say that the rules were in the office.
MR. STRAIGHT. Q. You never authorised him to say that the society was registered under Act of Parliament? A. No.
JOHN STAMP . I am a clerk to Mr. Chatteris, 1, Gresham Buildings—he was appointed official liquidator of the Provincial Union Assurance Company, on 15th January, 1868—from that time all the moneys would be paid to him—he has realized nothing at all.
HENRY BROOMHAM . I am in the service of Mrs. Verschoyle, 116, Eaton Square—in November last I was a subscriber to the Provincial Union Assurance Company—I knew Jones as a collector for that company—I paid him 11 3/4 d. a week for the sick fund, and 3d. a week for the burial fund—I continued to pay to Jones for that company until 27th January last—I had no notice that it had been wound up in Chancery in the preceding June—I remember in November last Jones coming to my pantry to receive a subscription—he asked me to sign a paper for him—I did so—I did not read the paper—I only signed once at that time—he took the paper away with him—he did not tell me what the paper was—he asked me to sign it to oblige him—shortly after that I went down to Torquay with my mistress—I received a letter there, with a document in it—the note requested me to sign the document—it was sent in an envelops, ready stamped—I signed it, put it in an envelope, and put it in the post—it was directed to G. E. Reid, 4, Chatham Place—I never authorised Jones or Reid at any time to put forward my name as director of the National Provincial Union Assurance and Loan Society, Limited—I never took five shares in that society, and never intended to—I never paid any money for shares in that society—I have never attended any meeting at 4, Chatham Place—I never met Mr. Taylor, Mr. Laing, or Mr. Kiddie there—in May, 1867, Reid came to me to receive a subscription—I was in the pantry—I am the butler at 116, Eaton Square—I never signed any other document for Jones, except on those two occasions—I never authorized him to write my name to any document.
Cross-examined by MR. HARRIS. Q. Do you remember a third paper being shown to you at the Police Court, with your signature? A. Yes—I know I only signed two—this is the document that was sent down to me at Torquay—I know nothing about what was on it—I was brought up and charged with a conspiracy as a director—I was discharged—I don't know whether the paper I signed in the pantry was a clean piece, or whether there were any names on it—Jones asked me to sign my name, and I did so to oblige him—there was no one present when I signed the paper the first time but Jones—at Torquay the landlord was present, and he told me I ought to know what I was signing, or something to that effect—I can't tell whether there was any writing on that paper—it was two hours before I opened it—I was busy when it came, and did not look at it then—I did not see "Articles of Association" on it—the letter said that there was a cross where I was to write my name opposite, and I did so—I can't say whether the name of Walter Taylor was there when I signed it—it never struck me to look at it, I did it to oblige Jones—I thought it was nothing concerning myself, but simply for Jones—I knew him as a collector, nothing more—I can't say how many times I have seen him—he has come for his subscriptions for the last year and a half—I first heard of this when it came out in the papers—I was served with a summons after—I never signed anything before without reading it, and I don't think I ever shall again.
WALTER TAYLOR . I was living with Mr. Antrobus, at 65, Eaton Square, as butler—before that I was in service with Jones—I subscribed to the society to which he was a collector—I never authorized Jones to put me forward as a director of the National Provincial Union Assurance and Loan Society, Limited—about Christmas last he asked me to sign a paper for him—he did not say why—he merely asked me to sign it—I was busy. I at the time in the pantry—he put the paper before me, showed me where to sign, and I signed—I was not aware what I was signing—I had not time to read it—he said he would explain it at some other time—I don't recollect signing more than one paper, but at Guildhall I identified two as my handwriting—I had no intention when I signed that of becoming a director of the company, or qualifying myself for five shares—I never received fire shares—I found out that I was a director about two or three weeks after I signed the paper, some time in the beginning of January, I should expect—Reid, Kiddie and Jones were present; the prospectus was put into my hands—they were all together—I met them at the bottom of the square by chance—they handed me a paper, which I found afterwards was a prospectus—I did not look at it then—I made up my mind to go to the office and have my name taken off, and ask why they put my name down—I went away two or three days after I read it—I ultimately wrote two letters to Jones—these are the letters—they are in my handwriting—(These were written by the witness to the prisoner Jones, and stated that he did not want his matter to know that his name had appeared as a director, as he should get the sack; and hoping that his letters were burnt, as, if his governor saw them, it would be the worse. for him)—I have lost my situation—Jones asked me to become a subscriber.
Cross-examined by MR. HARRIS. Q. Do you mean to say that you never authorized your name to be put down as a director? A. I do—when I corrected my statement at Guildhall, I said that one of them asked me if they might use my name, and I said they might if there was no responsibility attached to it—I wrote several times to Jones—he told me he had destroyed all my letters, and I have destroyed his.
MR. STRAIGHT. Q. In that signature to those articles of association yours? A. Yes—I wrote "Walter Taylor, butler, 65, Eaton Square;" that is all I wrote—this is not my signature; I never authorised anyone to sign it in this place—he promised me afterwards that my name should be erased from everything, and that I should have nothing more to do with it—they asked me if they might make use of my name, and Jones being a friend of mine, I allowed them—I did not know how it was going to be used—I never intended it should be put to bills of exchange, or such things; I said there was to be no responsibility.
HENRY BROOMHAM . (re-examined.) Q. Is this the paper that you signed your name to? A. Yes, in Torquay—I wrote "Henry Broomham"—the whole of this document was not sent to me—I see my signature on the front sheet—I wrote "Henry Broomham, 116, Eaton Square"—I did not write the word "Gentleman," or the word "Five" in the share column.
MR. HARRIS. Q. Did you see any printing on that when you signed it? A. No—this one came to me at Torquay—I looked for the mark, and I saw it directly I opened it—I never read or looked at it—I never saw "Articles of Association"—I only looked for the cross—I don't know whether it was a clean piece or not.
MR. GRIFFITHS. Q. You say Jones sent it to you? A. Yes—I had signed one before—I am not short-sighted or blind—I can't say whether there was any writing on it.
WILLIAM HEATHER . I live at 5, Bolton Street, Piccadilly, and keep house for a gentleman—I have known Jones as collector for the Provincial Union Assurance Company, for some time—I have given him subscriptions—this "William Heather, 5, Bolton Street, Piccadilly," is not my handwriting, inside this blue sheet—I never authorised anyone to write that, or to put me down as a subscriber for five shares—Jones came and asked for the use of my name for registering the society at Somerset House—I had no idea that I was giving him permission to put me forward as a director of this company—I never intended any such thing.
Cross-examined by MR. GRIFFITHS. Q. Did you say you would or would not give him your name? A. I gave him permission to use it for registering—I said I should have no responsibility at all.
JOHN HENRY FLESHER . I am cashier at the General Bank of London, 17, James Street, Covent Garden—we have never had an account kept at this bank in the name of the National Provincial Union Assurance and Loan Society—on November, 1868, Reid opened an account at the bank with 43l.—that was drawn out within a month or six weeks—on 31st Dec., 1861, there was 350l. standing to the credit of field—I knew he was the secretary of some society.
Cross-examined by MR. HARRIS. Q. Was that sum standing to his account? A. Yes—the account was opened in Reid's name—he mentioned that he was connected with some society—the cheques were drawn by Reid—the 350l. was all drawn out in Reid's name.
REID— GUILTY .— Five Years' Penal Servitude.
JONES— GUILTY. on the Fifth Count — Twelve Months' Imprisonment.
MR. STRAIGHT, for the Prosecution, offered no evidence— NOT GUILTY .
Before Mr. Justice Mellor.
MR. BESLEY. conducted the Prosecution; and MR. LANGFORD. the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. BESLEY. and MOODY. conducted the Prosecution; and MR. LANGFORD. the Defence.
GUILTY. on the Second Count — Six Months' Imprisonment.
Before Mr. Common Serjeant.
569. JOHN WEST (22) , to a robbery on John Anglesea, and stealing from his person one chain, having been before convicted at Woolwich, in February, 1868— Eighteen Months' Imprisonment, and Twenty-five Strokes with the Cat. [Pleaded guilty: See original trial image.]
MR. HARRIS. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
EDWARD SHELBOURNE . I am a lighterman and contractor, of 38, Fore Street, Limehouse—I have also a place at Blackwall, and have a steam orane there on a platform, for raising mud out of barges and putting it on the fore shore—the prisoner has been in my service on and off about two years, up to about six weeks ago, as engine-driver to the engine that worked the crane—I discharged him on a Friday, I think it was 30th April—he had then been eight weeks in ray service—next day, Saturday, about 7.30 a.m., I saw him on my premises as if he was going to work, but I had another man in his place—I told the prisoner I had discharged him for neglect of duty, and he had no right to be at the place at all—he threatened to punch me and do me violence, and we had high words—I told him I did not fear him as far as the violence to me was concerned—he left while I was there—the row had occupied about half an hour—we parted, and I told him to leave the place immediately—I left on the premises Edward Jones, who supplied his place—I did not see the prisoner again till Sunday morning, when I sent for him and told him that I had had information from the police-officer that he had been tampering with the machinery, and that I should give him in custody—he said that he would make me pay for it—we got to high words again—the engine was perfect when I left it on Saturday morning—my engineer is here.
service, and attended to the engine which works the crane, and over which the prisoner superintended—after working some time, I found it was very much to pieces, the eccentric and several things fell off, and several of the bolts were loose, a pump rod fell out; they should not have done so in half an hour, just by the working of the engine—when I went in the morning the prisoner was there doing something to the engine, I do not know what, but I heard him knocking; I said, "Good morning, Jeffery, what have you been up to?"—he said "What the hell is the matter with you?"—he left off hammering, came to the end of the platform to me, and began using bad language; saying, that I had wormed him out of his job—he took off his coat, and wanted to fight—I told him I did not intend fighting for a job, I had always got on without—the engine worked, but not well, several of the keys were loose, but no damage was done then—on Saturday night, I found I could not get on with the engine, so I stopped her and put her right, and left instructions with the watchman that he was to get up steam it 3 o'clock on Sunday morning—I left her in working order—I went on Sunday morning at 4 o'clock, and found the blow-off cock turned on, and consequently the boiler was very nearly empty, I called the watchman's attention to it—I saw a quantity of salt on the plank which forms the frame of the crane, that aroused my suspicions, and I instructed a man to examine the tank while I stood by—I tasted the water, it was very strongly mixed, in my opinion with salt and soda, and made my tongue sore—we found salt and soda in the tank, the effect of which would be a very severe priming, which would drive out the top of the cylinders, or knock out the bottom; it would be likely to create an explosion, and so injure the engine—we took a sample of the water out of the tank to Mr. Shelbourne; I do not know whether it has been submitted to a chemist—the tank supplied the boiler—a large lump of salt and soda, about half a pound, was left, and some must have been dissolved—if the top had been blown off, the damage would have been over 20l.
Cross-examined. Q. Was any damage done really? A. I believe not—it is a fact that salt hardens and soda softens water, bat they are not used to generate steam—both together would cause priming—soda is only used to clean the boilers—the water for the tank is supplied from the machine opposite Brunswick Pier—it is slightly brackish there at spring tides—I believe the tides were making then.
COURT. Q. If soda is used for the purpose of cleaning an engine, would it be put into the tanks in lumps? A. No, you would dissolve it and put it into the tank, and pump it into the boiler when there is as little steam as you can possibly work with.
EDWARD BROWN BARNARD . I am a consulting engineer and manufacturer of engines, at Burdett Street, Limehouse—this (produced) is a diagram of the vertical boiler in question—there was found in this tank ten or twelve inches only of water, which was highly impregnated with salt and soda—the proper height is from ten to twelve inches above the top of the fire box; if it is below, the flames impinging against the iron would cause the iron to become thin, and an explosion might probably take place—the water was 3ft. some inches short, but it was fortunately found out before the watchman lighted the fire—I do not know that the water was 3ft. lower than it ought to be, but if it was down here it would be likely to create danger—the effect of salt in the water would be that priming would ensue, that is a strong beullition of the water, which would become steam, and the engine and the top or bottom of the cylinder might have broken—if the fires were lighted
the boilers might have exploded, and the result would have bean damage from 20l. to 50l.—the water at Blackwall is very slightly impregnated with salt, not enough to damage a boiler—I cannot account for this by the water of the Thames.
Cross-examined. Q. What would be the effect of the priming? A. The water boiling over into the steam pipes and cylinders, it would be almost certain that injury would result—sometimes we put a quantity of soda in, and gently simmer the water to get rid of corrosion, we afterwards fill it up with the freshest water we can get—the great thing is to keep salt from the boilers—neither soda or salt have any business there, except when you have to clean—for working purposes you cannot have the water too pure—soda will counteract the effect of salt, most decidedly.
MR. HARRIS. Q. What do you mean by counteracting: suppose the fire had been lighted, would the effect have been an explosion? A. No, priming; and then damage would have resulted to the engines—priming would certainly have taken place if the water had boiled.
COURT. Q. If the soda counteracts the salt, what harm would the salt do? A. Any foreign substance in the water, as salt, or soda, or mud, will make a strong ebullition.
ROBERT JONES . (re-examined). There was from 5 feet 4 inches to 5 feet 6 inches of water in the boiler when I left it on Saturday night—it was about up to this red line, which was sufficiently high to get up steam without danger—when I went again the water, as near as I can tell by sound, was below ten or twelve inches—I should be very sorry to attempt to work it with water not higher than that.
THOMAS GEORGE DOWERS . I live at East Greenwich, and am watchman to Messrs. Lewis & Stockwell—Mr. Shelbourne's steam crane is on the premises—I know the prisoner—on 30th April, I was on the wharf in the evening, and saw him at Lewis & Stockwell's engine-house—he came over to my watch-box, sat there a few minutes, and said, "Tom, I wish to do you no harm, nor anyone else, but Mr. Shelbourne has discharged me, and for that I will give him a doing. I will get a certain quantity of soda, dissolve it in boiling water, and put it in the tank of the boiler; that will give the engine a severe priming, that no man can work it. It will not be discerned, the soda being the same colour as the water"—I said, "Do not do that yet, for the sake of me and yourself, as you will get me and yourself into some trouble"—he sat there a few minutes, went away, and I saw no more of him—on Saturday night, 1st May, about 11 o'clock, I saw the prisoner and his wife outside the gate, in the main road, about 200 yards from the engine—I tried to make him go and apologize for what he had done—I said, "I have no doubt Mr. Shelbourne will take you back"—he said, "B—Shelbourne, and George, too!" meaning the foreman—about 11.30 that Saturday night, I examined the engine with my bull's-eye, and found it perfectly safe—I did not examine the cock, but no water was dripping from it whatever, or from the ash-pan—about 12.30 I examined it again, and found water dripping from the ash-pan—I did not examine it till day-light, when I sounded the boiler with a piece of iron—I had orders to light the fire that Sunday morning at 3 o'clock—I make it a practice to try the guaging before I light the fire—I did so and found there was no water at all—I turned the guage-cock, and no water came from the guage-glass, which shows the height of the water in the boiler.
Cross-examined. Q. Did you tell your master of this conversation?
A. No, because I did not believe the prisoner was serious—the latest time I saw him on Sunday was at 12.30 in the morning, half an hour after midnight—he then had his wife with him.
GEORGE MORN . (Policeman K 207). I took the prisoner at Mr. Shelbourne's and charged him with letting the water out of the boiler and putting something in, with intent to do damage—he said, "Who told you that?"—I said, "Never mind, this gentleman charges you with it"—he said, "All right, I will enter an action against you," addressing himself to Mr. Shelbourne—this (produced) is some water from the boiler, and here is some of the soda.
Cross-examined. Q. Are you sure it is not salt? A. No, soda—I got it from the watchman.
GUILTY .— Six Months' Imprisonment.
571. THOMAS CLARK (66) , PLEADED GUILTY . to stealing forty-six feet of oilcloth, of William Goddard and another; and also to having been before convicted, on 1st February, 1864— Seven Years' Penal Servitude.
ANN MONTGOMERY also PLEADED GUILTY. ** to having been before convicted, on 8th February, 1864— Ten Years' Penal Servitude.
THOMAS MONTGOMERY*— Eighteen Months' Imprisonment.
MONTAGUE— Twelve Months' Imprisonment. And [Pleaded guilty: See original trial image.]
573. ALFRED JUTSON (14) , to Burglariously breaking and entering the dwelling-house of George Souter, and stealing 8s., his money.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
574. WILLIAM SMART (26) , Burglariously breaking and entering the dwelling-house of Mary Elizabeth Warren, and stealing one pair of scales, one looking-glass, one clock, and other goods, of Frederick Warren.
MR. PATER. conducted the Prosecution.
ROBERT MULLINGER . (Policeman R 211). On Friday morning, 23rd May, about 8.30, I received information of a robbery, and I went, with another constable, to an empty house, 4, Woolwich Common, about fifty yards from the house that was robbed—I examined a cupboard there, and found a looking-glass, a pair of letter scales, a writing desk, a jemmy, a candle, and some matches—we concealed ourselves in the house—on the 27th I was there alone, watching, and about 9.45, the prisoner came in through the area window—he went straight up to the cupboard where the things were—I followed him into the room—he was taking the things out—I went up and took him in custody—he said he came there for a night's lodging—I told him I was a constable, and should take him for a robbery at Captain Warren's—he said he knew nothing of it.
ANN QUINLAN . I am a servant to Captain Frederick Pelham Warren, York Crescent, Nightingale Place, Woolwich Common—I sleep at 2, York Crescent, where Mary Warren, my master's sister, resides—on 22nd April last, I went to bed between 10 and 11—I left No. 1, York Crescent and went to No. 2—before I went to bed, I fastened up the doors and windows of No. 2 perfectly secure—I got up about 5.30 the following morning—I found the back parlour window of No. 2 open—I missed a looking-glass—this (produced) is it—I gave an alarm.
Prisoner. Q. How far is the empty house from your house? A. About fifty yards—I never saw you near my master's house.
mistress, Miss Mary Warren, lives at No. 2—I sleep at No. 1—on 23rd April, about 6.30, I was called up—I went next door—the back parlour window was open—it had been shut the night before—it is my duty to see both houses looked up, and see the servants in bed before I go myself—I missed a clock, a looking-glass, a pair of scales, a cheque for 42l. 10s., a scent bottle, a gold pen, and other things—I see the clock, looking-glass, and desk here; they belong to Mrs. Warren—the scales belong to Captain Warren.
The prisoner, in his defence, stated that he had walked upwards of thirty-two miles, and went into the empty house to sleep.— GUILTY . He was further charged with having been before convicted, on 6th May, in 1867, in the name of Frederick Reed, to which he
PLEADED GUILTY. **— Seven Years' Penal Servitude.
MR. COOPER. conducted the Prosecution.
ELLEN BAKER . I live at 110, New Bond Street—on 17th May I was in Greenwick Park, about 7 o'clock in the evening—a young man came up and spoke to me, and from what he said I examined my dress and found my pocket cut, and my purse, containing Is., gone—the young man pointed out a group of young men, and he and a policeman followed them—the policeman brought the prisoner out of a public-house, and I gave him in charge for stealing the purse—I asked him to give me the money and I would not press the charge—he said he had not got it—it was alight brown purse, with a rim round it—the prisoner said he worked in the Borough; but he was not known there.
WILLIAM BARRETT . I live at 11, Marsh Lane, Greenwich—I am a plasterer—on Whit Monday evening, about 7 o'clock, I was in Greenwich Park—I saw the prisoner standing by the lady, picking her pocket—there was a gang of them all together—I saw him cut the pocket with a knife—her dress was held up, and the pocket hung down—one of his mates gave him a shove, and away they went, across the park—I told a policeman, and I saw him take the prisoner—I am sure he is the one.
Prisoner. I never carry a knife with me, and I never did such a thing in my 'life.
CHARLES DANIELS . (Policeman R R 31). I was on duty in Park Road, Greenwich, on Whit Monday—the last witness and the prosecutrix came up to me, and I went into a public-house and fetched the prisoner out—Barrett said, "That is the one that did it; that is the one that cut the pocket out"—the prisoner said he was innocent—I searched him and found a shilling, and sixpence in coppers.
Prisoner's Defence. I am innocent of doing such a thing; I work for my living.
GUILTY .— Nine Months' Imprisonment.
MR. PATER. conducted the Prosecution.
MAURICE FITZGERALD . I live at 2, Wellesley Place, Plumstead—I have worked for some time as foreman in the Royal Arsenal—on Friday, 14th May last, I was out on business, about 8 o'clock at night—I went to a publichouse—I came out and wont to another—I left there about 10 o'clock—I
met Ann Smith, and made an inquiry of her—I went with her to the Coach and Hones, near Blackheath Hill—I treated her with some ale—on leaving there we went to the Fountain, Broadway, Deptford, where we had another glass of ale—I saw the prisoner there—the female offered him a glass of ale which I had paid for—I left the Fountain about 1 o'clock, in her company—she took my arm—I believe the prisoner left before us—we walked along for two or three minutes—the prisoner came up with two other men, and said, "What are you doing with my wilful"—he did not wait for an answer, he put his hand round my neck—the other two seized me and threw me down, and after that they kicked me—I had a watch in my pocket, with a gold chain, and two gold keys—the prisoner pulled my watch from inside my waistcoat, with the chain and keys—I had half a sovereign in gold in my pocket, and about 9s. in silver—they took what money I had, and then ran away—the woman stood by, but she did not interfere—I remained on the ground for some time—I was almost insensible—I saw the prisoner the following day at the police-station, with twelve or fifteen others, and I picked him out as the man who attacked me first—I could have picked him out of a thousand—I was as sober as I am now.
Prisoner. Q. Do you mean to say you were sober when you came out of the Fountain? A. Yes; I felt rather excited after I was knocked down—I called out, "Police!" and in the course of a few minutes two policemen came up, and I told them what had occurred—I said I would not go away from the place, and they said if I did not they would lock me up—I said I would go to the police-station, and they locked me up because I would not go away—I was at Eltham at 3 o'clock, and then went to Lewisham—from there I went to Greenwich—I asked the woman the way to Woolwich—I believe it was in Church Street, Deptford, that I was attacked.
ANN SMITH . I live at 27, Stanhope Street, Deptford—I am the wife of William Smith—I have been parted from him for six months—on 14th May, about 10.40, I was going up the Lewisham Road; the prosecutor came up to me near the Coach and Horses—he asked me the way to Woolwich—I went with him to the Coach and Horses, and had something to drink—we left there about 12 o'clock—after we left there we went to the Fountain—the prisoner was there—I handed him my glass, as I could not drink it—he went out a few minutes before we did, I think—I had known the prisoner about a week—on leaving the Fountain the prosecutor took my arm, and as we were going down Church Street the prisoner rushed up with two others—he said, "What are you doing with my wife!"—I saw the prosecutor on the ground—I went as far as High Street to see if I could see a police-man—when I came back they were gone—I saw a policeman there, and told him—I then went home, and the prisoner came in about half an hour afterwards.
Prisoner. Q. Did you not meet the prosecutor at Blackheath? A. No, at Deptford—I had been at work that day at Forest Hill, and I went out after my day's work—when you returned home, half an hour after the gentleman was robbed, I said to you, "What was that row about;" and you said, "The row has nothing to do with you."
JAMES MCPHERSON . I keep the Fountain at Deptford—about 1 o'clock on the morning of Saturday, 15th May, I saw the prisoner in one of the compartments, and also the prosecutor and the witness Smith—the prisoner left the house first, and then the prosecutor and the woman—the prosecutor was sober to all appearance—he was not drunk.
SAMUEL LING . (Policeman R 159). On Saturday, 15th May, I met the prisoner in High Street, Deptford—I said, "Fielder, I shall require you to go to the police-station with me"—he said, "What for?"—I said, "If you are identified you will then be told the charge"—I took him to the station, and placed him with fourteen others—the prosecutor was then brought in, and at once picked him out from the others, saying, "This is the man who robbed me"—I then told him that he would be charged with assaulting and stealing from the person present, a watch, a gold guard, two keys, and about 25s. in money—the prisoner said to the prosecutor, "Have I got your watch?"—the prosecutor said, "I can't say, I have not seen it since I saw it in your hand"—I found 1l. 7s. 11d. on the prisoner.
Prisoner's Defence. If he had taken me a few hours before he would hare found 30l. on me. I know nothing at all about it. I keep cattle of my own, and was never locked up before in my life.
GUILTY . *†
Five Years Penal Servitude, and Twenty-five Lashes.
577. JOHN ALLEN (12), SAMUEL WRIGHT (14), and HENRY DAY (11) , Stealing seven pounds of mutton, the property of George Collins; and REBECCA PRESSLAND (66) , feloniously receiving the same, knowing it to be stolen.
ALLEN, WRIGHT, and DAY, PLEADED GUILTY .
MR. DALY. conducted the Production and MR. RIBTON. the Defence.
Cross-examined. Q. I suppose you sold a good many legs of mutton that day? A. No, nor yet the day before—the whole leg was not brought by the constable, only two-thirds of it—I could identify it by the peculiar cut—every butcher cuts differently—we should sell such a leg at 8 1/2 d. a pound.
SAMUEL LING . (Policeman R 159). On 21st May, between 1 and 2, I received information from the last witness, and went to 1, Regent Street—I knocked at the door, and no one answered—I then went to Griffin Street—the prisoner's son lives there—I saw her there—I had taken the three boys into custody before that—I said, "I shall require you, John Pressland, and Mrs. Pressland to go round to your house in Regent Street," which they did—I then said, "I have come down about a leg of mutton, which you bought of three boys this morning"—she said, "You don't go into my b—house"—I handed her over to a constable—I fetched the boys out to her, and said, "These are the bop who have stolen the leg of mutton, and they have made a statement to me"—Wright said, "The old woman gave me 18d., all but three half-pence, for it, and told me to send three half-pennyworth of toddy home for the old man; the old man said he would have rum, which I fetched in a bottle"—she said, "I know the old man was not there, he was ill a-bed; they came in and asked for a drink of water, and brought in the leg of mutton I take the blame on myself, the old man is innocent"—another constable found the mutton in the house—it was cut in two.
Cross-examined. Q. Which part did you sec? A. I saw the knuckle part, I did not see the whole of it—it might be two pounds and a half, that I saw—it was hanging on a peg behind the front door—her husband was not there—I received the key of the door from the prisoner, and opened the door with it.
Street, with Ling—I found the fillet end of a leg of mutton, in the front room—I went again next morning with Ling, and found the knuckle end of the leg behind the front door, with a cloth round it.
PRESSLAND— GUILTY.—Strongly recommended to mercy by the Jury on account of her age. — Three Months' Imprisonment.
ALLEN, WRIGHT, and DAY—recommended to mercy by the Prosecutor
ALLEN. and WRIGHT.— One Month's Imprisonment, and Four Years' is a Reformatory each. —DAY— Judgment respited.
Before Mr. Recorder.
578. GEORGE BALE (28), PLEADED GUILTY . to a burglary in the dwelling-house of Arthur Guineas, at Greenwich, and stealing two glass stands, his property, having been before convicted— Eighteen Months' Imprisonment. And
MR. COOPER. conducted the Prosecution.
FREDERICK MCKENZIE . I live at 4, Beresford Street, Woolwich—I work at the arsenal—on Thursday, 13th May, about 9.30 at night, I saw the two prisoners in Powys Street, Woolwich, with another man—they were handling the things about, and I noticed them—I saw them go towards the prosecutor's shop—George Holken stood on the other side of the road—the woman went across and brought him over, and he took a pair of trowsers, gave them to her, and she put them under her shawl and went away—I went and told Mr. Hosegood, and we followed them—we told a policeman, but he said he had to go off duty and would not stop—we watched the house the prisoners went into, went to the station and got three officers, and found the prisoners there—I knew George Holken before by sight, but not the woman.
DENNIS HAGAN . I live at Woolwich—I was with McKenzie on this Thursday night, and saw the prisoners—George Holken was walking behind the woman and another man—she was looking into all the shops, and kept speaking to the other man—they stopped at Mr. Hoaegood's shop, she went over and fetched the male prisoner, and he went and took the trowsers off a pile and gave them to her, and she went away with them—I knew them both by sight before.
JOHN HOSEGOOD . I am a tailor and clothier, of Powys Street, Woolwich—on this Thursday evening I had a pile of trowsers outside my shop—the two lads came and gave me information, in consequence of which I missed one or more pairs—they were worth about 9s. 6d.—I have not found them.
ROBERT CARTER . (Policeman R 216). On this Thursday evening, a few minutes past 10, I went to a lodging-house in Rope Yard Rails, Woolwich, and there found the prisoners in bed together—I took them into custody—I charged them with stealing a pair of trowsers—they said they knew nothing about it.
George Holken's Defence. On the Friday the trowsers were missing, about 6.30., I went over the water to North Woolwich and Northfleet, playing the bones, as I am a muricianer, and was blacked with cork. I came home about 9.30, and found my wife was and I went out again and played a
tune at the Shamrock, and then met her, and went home and washed myself and went to bed, where the officers found me. If these trowsers were stole at 9.30, where could I have put them away, or where was the money for them? I neither had the money or the trowsers. I am innocent, an could have proved it, only they would not send for the witnesses.
GUILTY . GEORGE HOLKEN was further charged with having been before convicted, to which he
PLEADED GUILTY. **†— Seven Years' Penal Servitude. MARY ANN HOLKEN.— Three Months' Imprisonment.
Before Mr. Recorder.
MR. GRIFFITHS. conducted the Prosecution.
ELIZABETH DUNN . I am a widow, and live not 8, Gibson Street—on Saturday night, 10th May, the prisoner came with a female for a lodging—there were some blankets in the room—I saw them safe on the Monday afternoon—I missed them on the Tuesday—I spoke to the prisoner about them when I took up his tea, he prevented me from going in, but I looked round the room and saw the sheets tied up and the bed all in an uproar—I said, "Where are the blankets? You have been here two nights, and I have not seen the colour of your money"—he said, "They are in the box"—I said, "Show me my blankets, and I shall be satisfied"—he said, "I will make it all right, mother, the blankets are right"—I went and spoke to my son, and he was given in custody—I had not given him authority to pawn the blankets—these (produced) are them—I can swear to the border—they are exactly like mine, and mine are gone.
WILLIAM AVIS . (Policeman L 51). I took the prisoner into custody—I told him the charge—he said, "I don't know anything about it"—next morning he said, "I did take the blankets, and I have pledged them in Union Street for 4s.
The Prisoner's statement before the Magistrate."I would like it settled at once. I have never been in any trouble before. It was through a drop of drink. I did not mean stealing them. I have got property of more value at the house. I meant to get them out again."
Nine Months' Imprisonment.
There were two other indictments against the prisoner.
MESSRS. LILLEY. and HARRIS. conducted the Prosecution.
GEORGE BLACKMAN . I am a tallow melter, of 144, Broad wall—the prisoner was my tenant, and occupied the house, 14, Eaton Street, adjoining my place—he lets lodgings—he occupies the front room, ground floor, for himself—there is no gas in the house.
EMMA NOLAN . I am the wife of Thomas Nolan, and live at 33, Brad Street—about 9 o'clock on Saturday evening, 29th, I was pawing 14, Eaton Street, and saw a quantity of smoke coming out from over the fan-light of the street door—I saw the prisoner come out—I said, "What a quantity of smoke there is in your house, it looks as if it was on fire"—he said, "Oh no, I am sulphuring the bugs"—he then shut the door and passed on, and I stopped in the road—there were several persons standing at the end of the street—I called their attention to it, and two young men crossed over and opened the shutters—I then saw that the white muslin window blinds were all in flames—the young men burst in the street door, and I went with them into the parlour—I saw a bed at the side of the window, and part of it was on fire, the head part, nearest the window—I then went along the passage, and into the back parlour, and saw the corner of the foot of the bed there on fire—there was no fire between the two rooms—I went into the yard and got some water, and the party with me pat the fire out.
JURY. Q. Was the prisoner sober when you saw him? A. I really could not say; he appeared to walk well—I did not notice any fire in the fire-places.
GEORGE WILCOXON . I am a brass finisher, of 32, Wootton Street—about 8.45 on this night my attention was called to a white glare of light in the prisoner's parlour, which is opposite me—the shutters were open then—I was in the street at the time—I saw the prisoner come out of his door, and close the shutters—it appeared to me that lie had been drinking—I don't think he was drunk—I said to him, "Tour place is on fire"—he said, "No, it ain't"—I said, "Yes, it is"—with that he walked up the street—I went and opened the shutters, and another witness forced open the street door, and we got into the front parlour—I saw the bed on fire in two or three places, and the curtains had caught from the bed—the place was full of smoke—we ran into the back room and found that in the sane condition—there was no fire in either room; there was a fire in a back wash-house, right at the back—the bed and bed clothes in the back room were on fire in one or two places—I got some water, and with the aid of one or two neighbours put it out—we then went up stairs to the first floor front room, and the bedding there was all on fire, flaming, and the curtain too—if we had been five minutes later the place would have been too much heated for us—we put it out—we used up all the water there was in the place—it was all out when the firemen came—I stopped in the place till the prisoner was brought back—I went about the house—there was not a soul there—I went into every room, and I am quite sure there was no one in the house—the door of the up stairs room was shut—I could not say, in the excitement, whether it was looked or not—the doors of the down stairs rooms were shut, I don't know whether they were looked—the prisoner was brought back by a policeman in about an hour; he appeared to be more in drink then than when I first saw him—I could not discover any appearance of sulphur.
JOHN RAPLEY . I lodged in the prisoner's house, 14, Eaton Street—he occupied the back and front parlours, he slept in the back room, and another lodger named Martin in the front—I slept in the room up stairs where the fire was—I was not at home on this night—I had left about six in the evening—I only had my clothes in the room—they were worth 3l. or 4l.—the beds all belonged to the prisoner—when I came home the fire had been extinguished—when the prisoner came home about 6 that
evening, he was the worse for drink—I let him in—I saw him when he was brought back—a witness said that I told him he had threatened to do it before—I don't recollect saying so, but in the fright I don't recoiled what I did say—all the furniture in the house belonged to the prisoner—it was, not insured.
WILLIAM ROBINSON . (Police-Sergeant L 3). About 9.15 on the 29th, I went to the prisoner's house—I found a great crowd of persons assembled outside, several constables and some firemen inside, and the place all in confusion, portions of the bedding were strewed about the floor—I saw that the bed and bedding in three rooms had been on fire, and the window frame in the front parlour had been burnt—I saw some fire on the mattress in the back parlour, and some small pieces of newspapers—there had been no fire in the fire-place of either room, only in the back kitchen—I saw the prisoner leaning against a wall in Wootton Street—he appeared to be sober—I said, "How do you account for your house being on fire?—he said, "I know nothing at all about it"—I took him into custody—his daughter ran up at the time, and commenced striking him in the face, and calling him a wretch—I took him back to the house, and the last witness said he had attempted to do it before—the prisoner said, "You can't prove that I done it"
HENRY PARKER . I live in Wootton Street—at one time I lived next door to the prisoner—I have heard him and his wife quarrel—I have never heard him make use of any threat that he would do anything to the house or the things in the home—I have heard him use most disgraceful language to his wife, threatening her—I assisted in putting out this fire—three rooms were set on fire—I can't say that the doors were locked, they were shut—in the up stairs room I saw smoke coming through the crevices of the bottom long drawer of a chest of drawers, and when I opened it, there was a piece of rag in the middle of the drawer, on fire, it was not in a blaze, it was smouldering, it smelt as if it had been used for wiping a paraffin lamp—I put water on it and extinguished it—I saw the prisoner—he appeared as if he had had a drop, but no way the worse for liquor.
EDWIN WEBB . I am a fireman—I was called to the house—the fire was then extinguished—I searched the place, and I found no sulphur or matches—there was no appearance of fire in either of the grates—I found some charred paper on the bedding in the back room, ground floor—a portion of it looked as though it had been lighted—I produce it—I found the flooring and window frame of the front room burnt through, and the blind burnt—I heard a young man who was there say he had heard the prisoner threaten to burn him down—the prisoner said, "You can't prove it, no one see me do it."
JONATHAN NEWSON . I live at 122, Union Street, Southwark—I was in company with Wilcoxon in Eaton Street—I assisted him in opening the door—I saw signs of fire over the fan-light—I pulled open the shutters, and saw the blaze running up the window—the doors were shut, but not locked—I was the first that went into the house—there was not a soul there—Wilcoxon followed me in—I assisted in putting the fire out—the three rooms were on fire separately—I was present when the prisoner was brought back in custody—I heard one of the witnesses say he had threatened to do it before—I did not hear the prisoner make any answer.
The prisoner's statement before the Magistrate. "I have no witnesses. Nobody see me do such a thing, no further than I burnt some fire to destroy the bugs and fleas."
Prisoner's Defence. I was very much agitated. I. went down to the works to get some money, and I was blackguarded and called an old thief, had everything that was bad; and they aggravated me so that unfortunately I went and got too much to drink, and when I do I am mad, as bad as any madman; in fact, it runs in the family. My mother died insane, and my brother, and I have got two sisters, one is a lunatic, and the other has been in Colney Hatch twice, and I am going in the same way. I never ought to touch a drop of drink, because when I do, ever since I broke my leg, I know no more what I am doing than the stone in the street I never injured anybody. I destroyed nobody's property only my own.
JOHN RAPLEY . (re-examined). I have known the prisoner nearly four years—he has always borne a good character, from what I have seen of him, except when he has been having drink, and then ha has come home like a madman—T believe it runs in the family—he has a sister a lunatic, and one sister has been in Colney Hatch twice—when sober he was always right enough, and kind to his wife.
NOT GUILTY .
MESSRS. GRIFFITHS. and LUCAS. conducted the Protection; and MR. MONTAGU.
WILLIAMS. the Defence.
MARY ANN PERRY . I am lady's maid to Miss Murray, the daughter of the Hon. Emily Murray, a widow, living at Wimbledon—on 11th April, between 8 and 9 o'clock in the evening, I went up stairs, and heard something inside a spare room called the blue room—I heard the door of the room locked, and heard footsteps—I gave information to Webb, the gardener—Lady Murray and Miss Murray were in the dining-room down stairs at the time—the police came in about ten minutes, and broke open the door of the blue room—I then went in and found the window open—there was nothing moved, there was only furniture in it, which was too heavy to. move—I believe no valuables were kept in that room—Mils Murray's bed-room is near that room, along the passage—I behave valuables are kept in her room, I do not know exactly.
EDWIN WEBB . I am gardener to Lady Murray—I was returning from church on this evening, and met last witness—in Consequence of what she told me, I went round to the front of the house, and there saw a ladder up against the window—it had been moved from where it was usually kept at the back of the cow-house, 200 or 300 yards away—about 4ft. of it had been cut off at the bottom, so as to make it fit exactly under the window sill.
GEORGE ABCHKR , I live at 46, Peter Street, Westminster—I am a domestic servant—I know the prisoner Jennings, I was introduced to him on the Monday in Passion Week, by a man named Hamer, at the Host and Shamrock, Mareham Street, Westminster, at 7 o'clock in the evening—he asked me if I knew Lady Murray's, at Wimbledon—I said, "Yet"—he asked had I lived there—I said, "Yes"—he asked if she was possessed of property—I said, "Yes, very much, jewellery and different things—he asked how long I had lived there—I told him eleven years—that was not true, I never lived there—he said he would introduce me to a friend of his, would I meet him on Tuesday evening at 7 o'clock—I did so—he then asked if I would walk a little way with him—I went as far as Princes Street, where he introduced me to Clifford, telling me, "This is our General
and banker"—Clifford then asked me if I had lived at Lady Murray's, at Wimbledon Lodge—I said "Yes"—he asked was there any property there; he would get it; and would I like to better ray condition, it would benefit me, and also him; could I go in and see my fellow-servants—I said yes, I could; could I go as I was—I said, "Yes"—would I meet him on Thursday, at 1 o'clock, at Waterloo Station, and we would go to Wimbledon together—we went to Kennett's house that evening, in Broadway, Westminster, and had something to drink—Clifford paid for it—I met him at Waterloo Station on the Thursday, and he asked me if I was prepared to go—I said, no, I could not go on account of my appearance; my clothes were very bad—he said he would supply me with anything I might require, coat, hat, or anything, if I would meet him on the Saturday following; he said the man I was with the night before could supply me with anything—that was Hamer, I was with him every day; I told Clifford that the man (Hamer) had nothing for himself—he then said he would supply me with hat, coat, and whatever I might require, if I would meet him on Saturday at 1 o'clock—I said I would, but did not—I never saw Jennings again after the Thursday till I saw him at the Wandsworth Police Court; I met him on the Thursday, five minutes after I had left Clifford, and I had some beer with him—I told him I had agreed to meet Clifford on Saturday at 1 o'clock—he asked why it was I had not gone to Wimbledon—I told him my clothes were not sufficient to allow me to put in an appearance—I did not go on the Saturday—I had worked with Hamer—I had said I would go with them, from instructions that I had received from Hamer, to make the thing look as large as I possibly could, not to make it appear second-hand.
Cross-examined. Q. Did Hamer tell you to say you had been in Lady Murray's service? A. He did—I belong to Her Majesty's service now; I am a soldier—I enlisted last November—I never deserted—I am not bound to answer what regiment I belong to, it is not bearing on this case—I belong to the Second Middlesex Militia, they are out for training now; I have leave from the regiment—I have not been out for the last six months—I have been doing the best I could—I have not been in anyone's employment lately—the clothes I have on now I borrowed from a friend, Joseph Masters—I exist by honesty—I was working in the oakum yard at Westminster when I could not get employment; that is not the only labour I have been doing lately, I have been working at several different places; I worked for Mr. Gray, the jobmaster, in Mount Street, a few months ago—last month I was at Aldershot Camp, out with the militia—before that I was at Chapel Street, Westminster, the labour yard; I was there a couple of months, I suppose; that was where I met with Hamer—it is five or six months ago that I was at Mr. Gray's—I was in his employment four month the last time—I have never been employed at any hotel—I described myself before the Magistrate as a gentleman's servant—I have been with several gentlemen, for about twenty-two years altogether—I was coachman to Lord Avonmore, two years ago—I am sorry to say I have been convicted, only once, for appropriating money to my own use, which I had received to pay bills; I was then in the service of Mr. Antrobus, of Eaton Square—I was sentenced to eighteen months' imprisonment from this Court—I never had six months'—I never told anybody that I had; I never told Masters so—Jennings asked me if I had lived at Lady Murray's, by being introduced by Hamer; that was the first time I ever saw Jennings—the propositions were put to me—it was when I met Clifford first that Jennings introduced him
as "our General and banker"—I had never heard him called to before that; Jennings called him so in Princes Street, just before we got up to him; I he was in sight at the time—I hare never received any money from the I police, none whatever—I have not seen Hamer receive any—I know nothing about it—I was introduced to the prisoner by Hamer—I have said "I met them because I thought I might get one or two shillings out of them"—that was the reason I met them at Waterloo Station, in the hope that I might get one or two shillings out of them.
JOSEPH MASTERS . I am a gas-fitter, and live at 6, Great Smith Street, Westminster—I know the two prisoners—I hare known Clifford about eight or nine weeks, and Jennings about twelve mouths or more—I also know Hamer, to my sorrow—I don't know who you are, sir, I am here as a witness in this case, and unless I am allowed to make my own statement in this matter, I shall not do so.
COURT. You most answer the questions that are put to you. A. Then I will forfeit my recognizances—I don't know who you are, but I have got myself to look to; I will suffer the results if I am not allowed to speak my own mind—the injury I shall suffer through this case, if you send me to I prison, is nothing to what will ultimately follow me—the cunning and lying manner in which this Hamer has incited me to tell things to these men, I the incite them to do things, is such that justice cannot be done unless I I go into it (The witness, after being repeatedly told that he must answer the I questions put to him, and refusing to do so was committed for contempt of Court)
JOHN HAMER . I live at 6, Great Smith Street, Westminster, and am a warehouseman—I know Jennings by the name of Fred—I have known him since the end of January last—Masters introduced me to him, for him to effect a robbery which I had concocted a plan of; but it was a mere farce, there were no such persons in existence as I named—Jennings mid he would act on what I had told him—I had told him that I had a servant, who would rob his master of his jewellery—this was somewhere about the 24th or 25th January, at a public-house in Princes Street, Westminster—I went out in the street with Jennings—he left me a few doors off the public-house, and said, "We will meet together tomorrow night"—nothing was said then about Wimbledon—on Monday, 22nd March, about 6.45 in the evening, Jennings called upon me—I went out into the street with him, and he said, "Joe (meaning Masters) has been speaking to me about a job at Wimbledon; he says that you know a man who has lived there as servant; who is he? what do you know of him? do you think we can trust him 1"—I reqlied, "You mean Archer I"—he said, "Yes, that is the name"—I said, "We shall most likely find him at Samson's," meaning a beer-house a short distance off, "would you like to see him? you can then form your own opinion"—we then went to the Rose and Shamrock, in Marsham Street—Archer was there—I said to Jennings, "Here he is," and introduced them to each other—I left them talking there together for about ten minutes—I then joined them, and said, "Well, how are you going on?"—Jennings said, "Sit down, we must talk this over"—he then said to Archer, "Give me a description of the house;" and then turning to me he said, "Do you know those Murrays; what family is it I"—I replied, "J believe Lady Murray is the widow of the late General Murray, an old Indian officer "—Joinings then said to Archer, "Now tell me exactly how the house stands"—Aruher replied, "It faces Wimbledon Common, but stands some distance
back from the road; it is known as Wimbledon Lodge, it is enclosed by wooden palings, and there is a gate with a lodge at each end, but no one lives in either of the lodges; inside there is a lawn and carriage-way up to the front door, which is in the middle of the house; the rooms to the left of that door no one uses, except the servants; but the room on the right is Lady Murray's sitting room, the room over that ill her bedroom, and the room next to that, looking to the back, is her daughter's room"—Jennings then said, "You say the house stands alone, what is the side wall, is it a blank wall, or are there windows there?"—Archer replied, "Yes, there is a window on that side belonging to Lady Murray's room"—Jennings then asked, "Is there a balcony, or an edging of any kind to that wall, large enough for a man to stand upon?"—Archer replied, "Yes, there are pillars, there used to be a door in that wall with pillars in front of it, and a small balcony, and over that a small conservatory, but the frame-work of the conservatory and the glass has been taken away, but the pillars and the bottom portions of the conservatory still remain"—Jennings said, "A short ladder would reach that, and from that you could reach the window"—Archer said, "Yes, I should think so, very easily*—Jennings then said, "Now tell me what family there is in the house, and what servants'—Archer replied, "There is Lady Murray and her daughters, a house-keeper, cook, and housemaid; but that is all;" and then he said, "Oh! there is the groom, who sleeps in the pantry; he has to be in every night by 10 o'clock; the coachman lives at the stables, but they are some distance away from the house, on the left"—Jennings then said, "Well, what are the habits of the family; what do they do on Sundays?"—Archer said, "The dinner-hour is 7 o'clock; but on Sunday the servants are out till 9 o'clock, and from 6 to 9 o'clock there will to nobody at home but Lady Murray, her daughter, and the housekeeper?"—Jennings then said, "Now tell me what there is in the house worth getting at, and where it is kept"—Archer said, "There is not much plate, but there is a large quantity of very valuable jewellery, that is kept in a leather bag, under a table, in Lady Murray's bed-room, near the window; there is also a small table near the bed, and on that there is a small box or case, in which she keeps money; and sometimes there is a great deal of it"—Jennings said, "Well, this is enough now; we will say no more now; what you have told me I will tell to our General and then, turning to me, he said, "I have left the old school that I was with, and I am now with Tom Clifford—we call him our General; he is the best man in London; we don't touch anything with-out him; he is very cautious; indeed, I think he is too cautious; however, I will see him tomorrow, and tell him what Archer has said, and we will meet here again tomorrow night, at the same time"—this was on the Monday night before Good Friday—about 10.45, on the Good Friday night, Jennings called on me—I went out into the street with him—he said, "I want to see Archer"—I said, "Well, he lives in Peter's Street; I dare say we shall find him at home"—we went there—on the road he told me that Archer and Clifford had met the day before, or met as arranged; but I have not fully told what took place on the Monday night, when we left the beer-shop, in Marsham Street; I and Jennings walked together as far as Victoria Street, and on the way there Jennings again told me that he bad left his old school, and was now working with Clifford, but he said, "He is a very cautious man; he has already seen Masters in this job, and if he sees you, he will think there is one too many, and he won't touch it, therefore, don't you
come to-morrow night"—I said, "Very well, you know best, it is in your hands, I will keep away," therefore, I did not go to the meeting on the Tuesday; then, on the Friday, Jennings told me that he had met Archer on the Thursday, at the Waterloo Station, with Clifford—that Archer had agreed to go to Lady Murray's, and to enter the house, and speak to the servants, but that Clifford was not satisfied with Archer's statement that he had lived there, and would not do the job unless he could see Archer go to the' house and speak to his old fellow-servants, which, he said, he could do if he really had lived there—he said "At first Archer agreed to go, but afterwards refused, in consequence of his clothing not being so good as he wished, but," he said, "We are going to build him up; we will find him some clothes; indeed, I have brought a coat with me" (he had got a loose coat on at the time) "he can have this coat, and to-morrow he can have a hat, a neck wrapper, some boots, and other things, and he can have some money to go down to Wimbledon; Clifford will be there; and if he sees him go in and speak to the servants, he will be satisfied that he has lived there, and that what he has told him is right about the property, and the job will be done—we then went to Archer's lodging—he was in bed, and refused to get up—Jennings and I then walked as far as Victoria Street again, and Jennings said to me, "Win you see Archer in the morning T—I said, "Yes, I Will"—he said, "Take care to see him; tell him to be at Waterloo Station at 12.50 to-morrow, and we will be there, and we will have some clothes there for him; he can go into a public-house and put them on; we will give him the money, and he can go down to Wimbledon, and we will go down, too"—I afterwards saw Hasten; and in consequence of something he said to me, gave information to Sergeant Meikle john, and since last January I have been in constant communication with him.
Cross-examined. Q. What date in January did you see him? A. I think it was on the 17th—it is not true that I concocted this robbery—I stated to Jennings and Masters that I had spoken to a servant, and asked him to rob his master; but there was no such servant in existence—it was a mere ruse—I did not concoct this robbery, or suggest it to Archer—I did not tell Archer to say that he had been servant to Lady Murray—he told me that he had been servant to Lady Murray—I did not suggest to him that he should tell Masters and the others so—I believed that he was, until he afterwards told me he was not—he told me at first that he had lived with Lady Murray, and afterwards he said me he had not—Archer suggested the robbery to me, and more than that, he told me that he had attempted the robbery himself previously—Masters and I lodged in the same house—I went with him to Lady Murray's—I did not go in—he received half-a-crown from Lady Murray, and spent it in refreshment—I had my share of it—I have lived for twenty-three years in one situation, as warehouseman—I have left that four years—since that, for twelve months, I was dealing in waste paper, and lived by it—as I left my situation, in December, I began that in the March following, four years back last March—I was ill there, and broke down from that business—then I invented a little article, and lived for some time upon the manufacture and sale of that—you can see it (producing it)—it is a wedge for fastening doors—I have sold many gross—I have it registered, and now possess the copyright—I have not sold any for the last eighteen months—I lived for nine months with a man named Townsend, who keeps a hosier's laundry—I assisted him in his
business—he closed hit house about the middle of last summer—I was at one time in the employment of Mr. Fitch, the lawyer—that was soon after I left Regent Street, nearly four years back—I was in his employ, on and off, twelve months, not continually—I had an agreement with him, to try to recover moneys on overdue bills which he held—I was a writ server, and did other things as well—I left in consequence of a dispute we had about some payments—he thought he had paid me too much, and I thought he had not paid me enough—since January 7th, this year, I wrote a little song—I had it printed—I have sold a considerable number of copies to gentlemen, and I will give you one—I was in very bad health at Christmas, so bad that I was compelled to apply to the parish for relief, as I was not able to go to work—I thought it was my right to do so—that was where I met Archer—there were two objects in Masters and I going to Lady Murray's—my object was to bring Masters himself within reach of the law; and Masters' object was to take an inside view of the building—we sent in some papers to Lady Murray—that was an excuse for getting in—it was in reference to an emigration movement, asking for assistance—it was all a sham—all that I did was in the interests of justice—Masters proposed to me a robbery in January last, in which he said it would be necessary to murder one man; I instantly refused, and that hour wrote to the police—I have been paid by the police since the prisoners have been in custody—nobody ever told me to suggest robberies to the prisoners or to Masters; Masters suggested robberies to me—I have known him since about September last—I never knew he was connected with anything in the way of thieving till Christmas last, when he told me himself—he told me of many robberies that he was concocting, and of one in which he said it would be necessary to kill one man—I swear distinctly that I did not suggest this robbery to Archer—I did not tell him to represent himself as Lady Murray's servant; he told me that he had lived with Lady Murray.
WILLIAM REED . I am groom to Lady Murray—about a fortnight before the robbery, I saw the prisoner Clifford at the gate—he asked me whether Lady Carey or Lady Mary, lived there, not in a distinct way—I said neither one of them lived there—Lady Carey lives just across the Green, not far from Lady Murray's—I had a good opportunity of observing him, and can swear to him.
ELIZABETH HUMPHREYS . I am Lady Murray's housekeeper—on the Sunday evening, on my return from church, I heard of the attempted robbery—I found that the blue room had been broken open; the persons had come in through the window—Miss Murray's room adjoins the blue room—her room had not been broken open—the door of the blue room was locked on the inside—they must have taken the key from the outside and put it in on the inside, after getting in through the window.
Cross-examined. Q. There was nothing taken away? A. No—we are not sure whether the window of the blue room had been left open or not—I had not been in the room very lately.
EDMUND PETERS . (Policeman Y 169). I went to Lady Murray's on this evening, and found that a robbery had been attempted—I went up stairs, and found the door of the blue room locked on the inside—with assistance, I forced the door open—the window opposite the door was open—I found this portion of cord on the window-sill, and this other portion of cord was found in the cow-house by the witness Webb.
MR. GRIFFITHS. stated that without the evidence of Masters he was unable to prove the case. Masters was re-catted, but still persisted in his refund to answer the questions put to him, and was committed to prison for One Month.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
EDWARD MACKEY . I am a licensed victualler, of 16, Alfred Road, Kings-land—on 8th April, about 9.30 in the evening, I looked my bedroom door, leaving everything safe, took the key with me down into the bar, and kept it there—at 1.30 in the morning, on going to bed, I found the bedroom window wide open; I had left it closed but not fastened; and a chair was placed against the door, inside, to prevent anyone coming in—a box had been forced open, and about 501. in gold taken, a gold watch, two silver I. ladles, and three gold studs—I have frequently seen the prisoners at my house, in front of my bar—I saw Jennings there on the night of the robbery—he was in the passage of the house—there is a bagatelle room on the same floor as my bedroom, and about 16ft. from it.
ROBERT PETCHBLL . I live with Mr. Mackey, who is my father-in-law—I have repeatedly seen the prisoners at his house—I saw them both there on the night of the robbery—I saw Jennings at one end of the bar nearest the stairs, and Clifford in the place where he usually came to, quite the other side of the compartment—I did not see either of them near the bagatelle room that night; the night before I had seen Clifford go towards it, and he was absent about a half or three-quarters of an hour—I did not see Jennings while Clifford was absent.
ROBERT HUGHES . I was potman to Mr. Mackey—on the night of the robbery, between 8 and 9 o'clock, I saw Jennings near the bed-room door—I said, "What will you take, sir?"—he seemed confused and said, "Oh, bring me a glass of bitter ale"—I got it for him, and when I took it up he was in the bagatelle-room—I said, "Do you want a game of bagatelle?"—he said, "Yes, but you are too good for me; I am waiting for a friend"—I left him there—I did not see him go out—I have seen Jennings in the house before, but not Clifford.
NOT GUILTY .
Before Mr. Justice Mellor.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. BESLET. and MONTAGU WILLIAMS. conducted the Prosecution.
JAMES BAKER . (Policeman W 121). About 1.45 on the morning of 12th April, I was on Clapham Common, heard a noise in the direction of the prosecutor's house, went to the side-door and saw the two prisoners there, and the side-door unfastened—I asked them what they were doing there—Lewis said that he went there for a purpose—I said, "This will not do for me"—I took Lewis about 100 yards, and Holloway followed behind, as I was unable to take both—Holloway seized me by my collar, got me down, kicked me, and made a stab at my face with this knife (produced)—I threw up my truncheon, and the knife made a gash on my thumb—I was down all this time—Lewis, I believe it was, said, "Off," and they ran across the Common—this is my helmet (produced), it is battered in—I afterwards saw V 110 picked up on that spot this centrebit, two hats, and the knife, and I went to the side gate and found this stock of the centrebit, and these two pieces of wood—I examined the door, and found a hole corresponding with this round piece of wood which had been cut out with a centrebit—the prosecutor came down and let me in.
Lewis. Q. How was the man dressed who you take me to be? A. You had on a pilot coat, a large hat, and the scarf which you have on now—I am positive you are the person—I had not known you before—I next saw you a fortnight afterwards, at our station, among eleven or twelve others, and picked you out.
Lewis (trying on the hat). It is larger than it was at the Police Court; but it is still too small for me.
BATHURST EDWARD WILKINSON . I live at 19, The Terrace, Clapham Common—on the morning of 12th April, about 2 o'clock, I was called up, and found a large hole in my back kitchen door, which communicates with the house—the latch and chain and lower bolt were unfastened; they had been fastened over night.
MARY ANN PARSONS . I am housemaid to Mr. Wilkinson—a little before 2 o'clock, on the morning of 12th April, I was aroused by the bed-room window being opened from the outside—it had been closed quite down when I went to bed at 11 o'clock—I saw a man opening the window; he was raising his knee to the sill—I jumped up and slammed down the window, and he jumped down—I went down stairs, and found a large hole in the kitchen door, near the handle; the chain had been taken down, the bolt slid back, and the lock unlocked—by putting an arm through the hole, they could turn the handle—the kitchen leads to the dining-room—the man wore a hat like this (produced)—my bed-room is on the ground floor, level with the hall—the window sill is 7 or 8ft. or more from the ground—there is a flight of steps to the hall-door.
ALFRED ANSON . (Policeman W R 22). On 12th April, about 3.30, I was at the back of the Windmill public-house, Clapham Common, and saw Holloway lying on the ground, with his face in his hands, over one hundred yards from the prosecutor's house—he had no hat and no boots or shoes—I said, "What are you doing here?"—he said, "I have been lying here all night, as I got drunk all day yesterday; I went off to sleep, and laid here all night "—there was a large bruise on his left eye—I asked him how he accounted for that—he said, "I was fighting yesterday"—I examined the
bruise, and found it was fresh—I said, "I believe you are concerned in the attempted burglary on the other side of the Common, anshall take you on suspicion—he said that he knew nothing about it—he gave his name John Holloway, of Battersea, but would give no other address.
THOMAS BRADY . (Police Inspector W). On 12th April I went to the prosecutor's house, and found the kitchen door cut; there was a hole large enough to inser a man's hand and undo the fastenings—I found footmarks in the garden and the ground in the rear; I compared this boot with them, and they corresponded—Parsons' window is 7 or 8ft. from the ground; it would require one man to be on the shoulders of the other to get up to it—I got tea or twelve people, differently dressed, at the station, and put Holloway in the middle of them, with this hat on, and Parsons picked him out—she spoke to the best of her belief, but said that she did not see his face—I afterwards went to the cells, to see that the prisoners were all right, as is my duty—I saw Holloway, and said, "All right?"—he said, "Yes"—I said, "Who was your companion?"—he said, "You hare got the wrong man; I got drunk in the public-house, and was fighting"—after that he said that he was a tailor, and lived in Battersea, and was a respectable man, and should not like his friends to know; that his companion wastranger the him, a man who he met at a public-house, I think on the Sunday evening, but I will not be positive—I asked him to put this boot on—said that be would not—I said, "They I shall measure it"—I placed the boot at the side of his foot, and I should say that it would fit—he had no boots on, only stockings—I said to Lewis, "You select your own spot when you will stand"—he placed himself where he thought fit, and as soon as Baker came in he tapped Lewis on the shoulder—Holloway had already been remanded.
Lewis. Q. When I came into the yard did not you tell me to go into the middle of the rank? A. I might have, because we generally put them there to give them the first chance, but you went and stood where you liked—when the prisoner came in he did not go direct to the middle and turn back again.
JOHN MICKLEJOHN . (Detective Sergeant). On Monday morning, 20th April, at 7 o'clock, I went to Peter Street, Westminster, and found Lewis in bed—I told him I wanted him for being concerned with a man named Holloway in an attempted burglary, on Clapham Common—he said that he did not know the place, he never was there, and knew nothing about it.
Lewis. Q. Did not the inspector tell me to go into the middle of the rank? A. do not know, I brought you in, and you were told to place yourself, and you stood at the end of the men who were placed in a row—the inspector did not walk to the middle of the rank and turn back—he stood for half a minute or a minute, and then said that you were the man who was on Clapham Common—you can wear the hat, but it is small—I know that you collect bottles.
Holloway to J. BAKER. Q. Were you kicked A. Yes; you bad one boot on and one off—you got one boot off when Lewis had me down—I was then over 100 yards from the house, and you pulled one boot of and struck me with it—I had seen you with both boots on—I did not see the knife
when I saw the boot—you made a stab at my face—I had my truncheon in my hand, and you held it by one end—I had several hard kicks on my back.
Holiday's Defence. I am innocent. If I had known anything of the burglary I should have endeavoured to conceal myself, and not laid down near the footpath. I have often gone into a shop and fitted myself with a boot or shoe; I wish to call a few witnesses.
NANCY BLOWER . I am single, and am a weaver—I live at 11, Valentine Place, Blackfriars Road—on Sunday evening, 11th April, I was at Lewis's house till about ten minutes past 7 o'clock in the morning—he was drunk on the bed, with his clothes on, when I left—my sister, my aunt, and two or three more people were present.
Cross-examined by MR. BESLEY. Q. Are you related to Lewis? A. No, that was the first time I had seen him—Mrs. Lewis invited me there—Mary Blower is my sister, and Mrs. Thompson is my aunt—Mr. Jones, and some other people, were also there—you cannot walk over Vauxhall Bridge to Clapham Common in less than an hour—this was a child's party—it was Lewis's little girl's birth-day—she was seven years old—Lewis wore the tie he now had on on that night.
COURT. Q. Have you ever been there since? A. No—we know Mrs. Lewis, because she used to live in our parlours.
MARY BLOWER . I am a sister of the last witness—I have not known Lewis long, I have only seen him twice—I went with my sister on the little girl's birthday, Sunday, 11th April, at 4 o'clock in the afternoon—we stayed till After 1 o'clock in the morning, and my aunt saw us both home—Lewis was there all the time I was there—next morning, about 7.30, I went back for a brooch which I had left there, and Lewis was in bed—it was a present from my grandmother, and I did not like to lose it.
Cross-examined. Q. Do you know Mrs. Lewis? A. Yes, for five years—a little boy and girl were there, Percy and Annie—I do not know how old the child is whose birth-day it was—I have never been at her birth-day party before—I was examined before the Magistrate—I did not then say anything about going there next morning, I forgot it—I have never been to Clapham Common.
MARY THOMPSON . My husband works at the docks—on Friday evening, 11th April, I was at Lewis's house to tea and supper—he was there, laughing with the children—he was tipsy on the bed when we left, and he did not know we came away—his boots were off, and I left his wife to get him to bed—it was 1.45 when I got the children home to my sister's.
Cross-examined. Q. Was Mrs. Jones there? A. I do not know the name—there were several persons there, and it might be six children, who all went away early, except my two nieces—I call Mary Blower a child—I know Mrs. Lewis—I did not go accidentally, I was invited a fortnight before, at the same time as my nieces—I do not know whether they have said that the invitation was a week before—I went with them, and came away with them.
COURT. Q. At what time did you go? A. It might have been 4 o'clock—I was not examined before the Magistrate—I do not know the number of children there—I did not see any boys; they had got pinafores on, and there might have been some boys among them.
Lewis's Defence. Among all the witnesses examined, Baker is the only one who believes me to be the man, and his principal reason is, that the man had a scarf like this, and there are thousands of such scares. I did
not like the inspector putting me in a particular place in the station yard, and said that I was contented to stay where I was. When the man came in, he looked up and down at the police, as though he expected a signal. The inspector said, "Well Will?" and then he pointed me out. He says that I was on Clapham Common at 2 o'clock, therefore, as I was at home at 1.30, I should have to go six miles, and go through this operation on the prosecutor's door in three-quarters of an hour. This hat is very tight, and if I had worn it would not have fallen off my head, and it was tighter still when it was tried on me at Wandsworth—I never got up till the next morning, when Mary Blower came to look for her brooch. My acquaintance with these witnesses does not extend over two or three weeks, and therefore they have no interest in stating anything but the truth.
HOLLOWAY— GUILTY . He was further charged with having been convicted at Clerkenwell, in May, 1862, to which he
PLEADED GUILTY. ** LEWIS— GUILTY . **.— Ten Years' Penal Servitude each.
THE COURT. ordered a reward of 2l. to be given to Baker.
THE COURT. was of opinion that there won no case against the two prisoners.— NOT GUILTY .
593. MARK WALDER (32) , Stealing twenty-four yards of calico, two yards of linen; and one shirt, of the South Eastern Railway Company, his masters, and JOHN ELSOM (28), and CHARLOTTE ELSOM receiving the same—Third Count, charging Walder with stealing one chest of tea, of the said company.
MESSRS. DALY. and LLOYD. conducted the Prosecution; MR. BULLEY. defended Walder, and MR. RIBTON. defended John and Charlotte Elsom.
MR. DALY. offered no evidence against the two Elsoms.— NOT GUILTY .
CLANMORRIS THOMPSON . I live at 24, Trafalgar Street, Brighton—I am a draper's assistant—on 4th February last, I was at Ramsgate—on that day I sent a parcel from Ramsgate to my father, containing twenty-four yards of calico, two yards and three-eigths of linen, and one shirt—it was addressed to "Jason Thompson, builder, Hailsham, Essex"—I gave it to the booking clerk at the Ramsgate Station—I have seen the things since—these are them (produced)—I put this mark on the calico, at the time I sent it—the head man of the goods department came to me about it—I believe this linen to be the same also.
Cross-examined. Q. What was the shape of the parcel? A. It was a long parcel, from twenty to twenty-four inches long—I sealed it, and tied it with string—I have not got the string here—it was not cord—it was an oblong parcel.
Cross-examined. Q. Who is the manufacturer of this linen? A. I don't know his name.
WILLIAM MILLER . I am booking-clerk-at the Ramsgate Station—on 4th February I received a parcel from Mr. Thompson; I have the entry of it here—it was addressed to "Jason Thompson, builder, Hailsham, Essex "—it was placed on the platform with other goods, and put into truck 4021—Kipps was the head guard of the train, and Walder the under-guard.
Cross-examined. Q. Is that the parcel you received? A. I can't say—I don't know whether the address was on the brown paper, or on a separate piece of paper.
ALEXANDER TURNER . I am goods clerk at the Margate Station—on 16th February I received a paper parcel from Walder, consigned to Elsom, of Bermondsey; it was a brown paper parcel, tied up with rather thick string, like this—Walder paid 10d. for the carriage.
Cross-examined. Q. Did you see it go off that night? A. Yes.
THOMAS WILLIAM COLLINS . I am a carman at the South Eastern Railway, Bricklayers' Arms—on 17th February, between 8 and 9 o'clock in the morning, I received a parcel addressed to J. Elsom, of Bermondsey—I delivered it on the 19th to Mrs. Elsom; this is her signature for it.
Cross-examined. Q. How was the parcel addressed? A. "J. Elsom, James Street, Bermondsey "—that was written on the paper—there is no address on the paper produced—I should not like to say this was the paper in which the parcel was, it is like it—the parcel was about eighteen or twenty inches long, tied with string.
MARGARET PITTISON . I am the wife of Joseph Pattison, of 3, St. James's Street, Bermondsey—the Elsoms lodged there about eight months—I have seen Walder visit them once or twice; I can't say how many times—some time in February a parcel came to the Elsoms—it was like a draper's parcel, about as long as this before me—Mrs. Elsom received it—I afterwards saw it open in their room; it contained calico.
GEORGE HARSUM . (Police Sergeant M 9). On 25th May last, from information, I went to 52, Long Lane, Bermoudsey, in plain clothes, and received this parcel from Mrs. Elsom, which Mr. Thompson identified—she gave some account of it—I found a great number of things at her lodging; but nothing to affect Walder.
THOMAS HARRIS . I am a porter at the Bricklayers' Arms Station of the South Eastern Railway—on 18th May, I received a lot of chests of tea, consigned from Mr. Ledger, of Folkestone, to Messrs. Chaplin & Horne—we should have received 680 chests, we only received 679—they came in three trucks, by the Ramsgate goods train—I think it was a little after 2 o'clock in the morning when they arrived at the Bricklayers' Arms—it was my duty to unload at 8.50—when I took the covers off the trucks, I found one was missing from truck 4083—I called the attention of constable Kennett to it—I then unloaded them, counted them, and found one deficient.
Cross-examined. Q. What time did you go on duty? A. 5 o'clock; they were fetched away by Chaplin & Home before 9 o'clock.
ROBERT KENNETT . (South Eatterti Railway Constable). On the morning of 18th May, about 8.40, Harris called my attention, and I went and saw a place vacant in truck 4083—it was loaded with chests of tea, packed very closely—I called Inspector Hudson's attention, and went away—we afterwards examined the break of the train No. 1674—that was the prisoner's break—we found a chest of tea in the locker of the break, covered with a sack and an oil-skin coat—it had been opened.
Cross-examined. Q. At what time did you go to the prisoner's break-van? A. About 11 o'clock—he has been in the Company's service five years, first as porter, and then as under-guard—I know that was the break he had been using—it had marked on it, "Ramsgate last break"—the prisoner had the key of it—I can't say whether any other guard's key would lit his break.
THOMAS HUDSON . I am a police-inspector of the South Eastern Railway, at the Bricklayers' Arms—on 18th May I was with Kennett, and went with him to the break—the account he has given of what took place is correct—it was an extra break, which the Maidstone guard had been working—the prisoner's break was under repair, and this was one he had—I know it was the break in which he came from Ramsgate.
Cross-examined. Q. How many persons are employed at the Bricklayers' Arms Station? A. A great many—there are about seventy porters on duty at different times—I should say from twenty-five to thirty would be on duty between 3.30 and 9 o'clock—I have known the prisoner about five years, since he has been in the company's service.
GEORGE HARSUM . (re-examined). On 18th May, from information, I went to the prisoner's lodgings, at 207, East Street, Old Kent Road, about 1.30—I found him in bed—I told him I was a police-officer, and was going to take him into custody for stealing a chest of tea from the train which he had charge of during the night—he said, "It is very strange, I know nothing about it"—I said, "What have you in the break?"—he said, "I have an oil-skin coat and an old coat"—I said, "In what part?"—he said, "I can't say whether I threw them down, or whether I hung them up?"—I said, "Where is the key of the break?"—he handed me this key—I found a piece of black silk 12 3/4 yards long, another piece of two yards, and an empty tea-chest, half broken—I took him to the station, went to the break in company with Kennett, unlocked it with the prisoner's key, and in the locker I first saw the oil-skin coat produced, and the sack, and then the tea (produced)—I took them all to the police-station.
Cross-examined. Q. The prisoner did not make any difficulty about giving up his key? A. No, he gave it me directly.
GEORGE KIPPS . I am a guard in the employ of the South Eastern Railway Company—on 17th May last I was guard of the train between Ashford and London, arriving at London at 2.25—that train takes up trucks which have come from Folkestone, at Ashford—the prisoner is the under-guard of the train—his duty was to see the trucks shunted down, and to see if the loading van was shifted, and to let me know if it was—there are some stoppages on the way, five minutes at Maidatone, and thirty minutes at Tonbridge—he started from Ramsgate with break No. 1866—No. 1674 was the break he shifted into at Bricklayers' Arms, on the morning of the 18th.
Cross-examined. Q. Was break 1674 on the Ramsgate line that night, do you know? A. I know it was hot—he shifted into it between 4 and 5 o'clock—I don't think the key of one break will fit another; I never tried—I have had one break fifteen years—some guards find their own locks, and some have the Company's locks—I am not aware that anyone has keys except the guards.
JAMES PIERCEY . I am a guard, in the employ of the South Eastern Railway—on 17th May I was the guard of the Dover train, leaving Folkestone at 8.30 in the evening—I know the numbers of the trucks which came from Folkestone—4083, 4395, and 2769 were amongst the trucks that were attached to the train, and the last witness had charge of them.
ROBERT ROWE . I am an under-guard in the employ of the South Eastern Railway Company—on 17th May I came from Maidstone, and got to Bricklayers' Arms on the 18th, about 2.30—I put the train away, and changed breaks—I had been in break 1674—I left at 3.15—I took everything
thing out—I left the locker unlocked—I did not leave any tea in it—I don't know who would have that break next.
THOMAS GEORGE LEDGER . I am the Custom House agent at Folkestone—on 17th May I consigned 680 chests of tea to Chaplin & Home—they were put into three trucks—Whittingatall loaded them, and gave me an account of it—this chest before me I have no doubt was one of them—the chests are numbered; this one is numbered 662.
Cross-examined. Q. You did not see them all put into the trucks? A. No.
HENRY ROBERT WHITTINGSTALL . I am harbour porter at Folkestone, and am in the employ of the South Eastern Railway Company—on 17th May I loaded 680 chests of tea, in three trucks—there were 276 chests in truck 4083, 276 in truck 4395, and 128 in truck 2769—4083 was a full truck—there was no space between; you could not get your finger between them—I saw the trucks shunted and attached to the train.
GEORGE HARSUM . (re-examined). I examined the truck, 4083—it had been fresh painted and varnished—on the spring of the wheel there were prints of round-headed nails, similar to the ones the prisoner had in his boots at the Police Court—I did not take the boots with me to the truck.
Cross-examined. Q. What sort of boots did the prisoner wear? A. Lace-up boots—I don't know whether they are supplied by the Company—I told the Magistrate about the boots, and I believe it was taken down—I don't know whether the prisoner had them on then.
GUILTY .— Two Year's Imprisonment. There were two other indictments against the prisoner.
Before Robert Malcolm Kerr, Esq.
MR. OPPENHEIM. conducted the Prosecution.
JAMES JOHN CATAWAY . I am clerk to the London and Suburban Bank, 206, Fulham Road West—this account of Arthur Taylor, in this book, is in my writing—he deposited 24l. 5s. in February—on 18th February a bill was deposited, but no other assets were paid in—I also find, on the same day, a cheque for 10l., making 150l.; and on 6th February he drew a cheque for 35l., that left him indebted 138l. 10s. 7d.—on 31st March the balance due to the bank by him was 144l. 12s. 7d.—several cheques of his, presented before 1st April, were refused by the bank to be honoured—I have a book in which I enter an account of all cheques not honoured by the bank—besides those cheques which were honoured, six cheques were presented before the 31st March which were not honoured because there were no assets; we put on them, "Refer to drawer," or "Not sufficient," as the case may be.
Prisoner. Q. Have you a cheque, on 17th February, for 50l.? A. Yes; you drew that for shares in our bank—it is "Pay London and Suburban Bank"—the 35l. cheque is dated 26th February; that was honoured—this 10l. cheque is also drawn in favour of the bank; we honoured that—we had previously dishonoured one for 50l., payable to Mrs. Paget
Prisoner. I never drew one for 50l. except for the shares; I ask you to produce it, that I may see that it is my signature. Witness. I have not got it by me, it was dishonoured and returned—this (produced) is the 50l. cheque for the shares—I wrote a letter to you at Mr. Burrows' dictation—I have not got the letter-book here—the letter was addressed to you, at Gibraltar, and was returned to me through the Dead Letter Office—I have never, to my knowledge, given you notice that you were not to drain another cheque—I was present when you demanded a 1000l. bill back which you said paid in—I signed the receipt, I did not draw it out—you were about seven minutes in the bank before I gave you the bill—you threatened to put a placard on a cab, and drive it from Knightsbridge to the Bank until you had that bill—Mr. Burrows was present.
ROBERT BURROWS . I am manager of this bank—the prisoner opened an account there on 13th February—it was Mr. Cattaway's duty to keep the ledger—24l. 5s. is the only cash that has been paid in, but he deposited these three bills (produced), one for 500l., drawn by Taylor on 2nd November, and due on March 5th, 1867, one for 200l., drawn 19th January, and—he due 12th April, and one for 34l. 15s., drawn January 9, and due May 12th, asked us to advance money on them—I said that I should not de so without making inquiries—I made inquiries, which were only satisfactory as regarded the 2002. bill—I subsequently saw the prisoner and agreed to advance 100l.—I told him I relied on the 200l. bill, but required the whole of them deposited with me—he said that he was about to receive a large amount, and should like to take twenty shares in the bank—3l. having been paid up on the shares, this would amount to 60l.; and I allowed him to draw the cheques for that amount, one for 10l., and one for 50l., but as our articles of assignment provide that the bank shall have the first lien upon the shares, we should not transfer any share while the prisoner owed us money—he merely put his name down for 60l. worth of paper till he could pay for them—he drew out the 100l. on the same day we made the advance—on 18th February he called on me, and I discounted the bill of 34l. 15s., placing to his account 33l. 11s. 7d.—that is the only small bill we had—that had reference to the 60l. which we had advanced for the shares; it was for the purpose of preventing his account from appearing overdrawn.
COURT. Q. Who was to see it, nobody but yourselves? A. Yes, the directors—I did not mean to deceive the director—we do not appear as prosecutors.
MR. OPPENHEIM. Q. Did he, on 18th February, come to you relative to a cheque of his which had been passed through a Smithfield bank? A. On 26th February he said that he had drawn a cheque for 35l., and wished it to be paid—I said that he was only entitled to draw 24l., bat he might draw 11l. more if he liked; and he did draw it, and took the money away himself—on 26th February I told him we should honour no more cheques of his as the bills were not sufficiently good—at that time he had no assets at the bank but 8d., and three bills not due, and he was indebted to us 134l. 12s. 7d.—up to that time no other money had been paid in—the 500l. bill was dishonoured on the day it was due, also the 200l. and the 34l. bills, but we shall realize sufficient to cover our advances.
Prisoner. Q. Was the first day I saw you when I came to attach 60l. which you held? A. That was the day you opened the account, and paid in 24l. 5s., and left the bills, 13th February—I was not to advance you
three-fourths of the 200l. bill—I do not think Potter, who is just made bank-rupt, was present when you paid in the bills—I did not say that if you would take twenty shares I would discount the bill, it came from you in the first instance—the shares were talked of on the 15th—I did not tell you that your taking twenty shares would enable you to sit on the board of directors—if the first hill for 500l. had been met I should have taken the 60l. out of it, but not to draw against; you had drawn against it already; you drew a cheque for 35l. on 26th February, which was paid through a bank and dishonoured—you brought that cheque next day, and I paid it after a good deal of consideration—I sent you a letter stating that I should dishonour the cheque; this is it—it was returned from Surbiton, through the Dead Letter Office, and the scrip also, but the scrip was worthless as we should not recognize anybody till the 60l. was paid; you had promised to pay in 2000l.—it was never agreed between me and a shareholder or director with a beard that you should pay a 1000l. bill into the bank, and that we were to retire the 1000l. bill in our favour—you were not to draw three-fourths of these bills—I never stated that you might attach 60l., standing in the name of Jacobs—I sent a letter to Loader and Holderness by post, but I never had any reply.
MR. OPPENHEIM. Q. Did you ever have the 1000l. bill? A. I believe it if in Taylor's possession; I never got anything—the 500l. bill was dishonoured before the cheques were presented, and the other two bills were due—I positively stated that he must not draw any more.
EMILY CLAXTON .—I am a widow, and live at 94, Guildford Street, Russell Square—I rent Stamford Villas, Loughborough Road—I first went there last Christmas on 24th February last I let the house furnished to the prisoner—I remained in it between a fortnight and three weeks—on 22nd March he asked me if I could change a cheque—I said I could not at Brixton, but I could at Hammersmith, of my tradesmen—I had been living at Hammer-smith five yean and a half—he gave me the cheque, and told me to buy a good silk drees, and pay for it out of the cheque—I went to Mr. Desk's, bought a silk dress there for 4l. 19s. 10d.; he gave me this bill (produced) and the change—I gave the prisoner the change, 7l. odd.
Prisoner. Q. Did you meet me coming out of the London and Suburban Bank one morning, when a gentleman named Christian was with you? A. Yes—you told me the cheque would be paid, and that you had paid bills in that day—you advised me to go in and see the manager, and I did so, or the clerk—he said that bills were to be paid into the bank, and if they were met, the cheques would be paid—I had seen Mr. Burrows before that—I bought one dress and a skirt—I did not buy towels and dusters, and things of that sort—I brought home some more things, and if I liked them, I was to keep them—I did not buy the dress I have on there—you also said that you were going to remove into a very large house, rent 165l., and asked me to buy you three pairs of blankets—I offered your cheque in payment, but they would not cash it—I went to Mr. Swinson, and asked him to cash it, and take the money I owed, and he did, and I paid for the blankets, and gave you the rest of the money—you paid me 5l. in advance—that is all I have received—the rent of the house is 1l. 5s. a week—you have not given me sovereigns on different occasions—I never had a sovereign from you in my life, except one which you borrowed—after you took the house, I lived in it with you for three weeks.
Prisoner. I will not put the other question. Witness. This is shameful—you
did not take my daughters out, it is false—you art a wicked mans and I am a loser of more than 100l. through you.
JOHN DEAK . I am a draper, of Hammersmith—on 22nd March Mrs. Claxton bought a black silk dress, and two or three other articles, amounting to 4s. 19s. 10d., she handed me this cheque (produced), and I gave her the change, 7l. 8s. 2d.—it was paid into my banker's three days afterwards, and returned to me with the words "Refer to drawer"—I have got no money for it yet—I have seen the bank manager—Mrs. Claxton has returned me the dress.
Prisoner. Q. Did I tell you that I had been badly treated at the bank? A. Yes—I do not appear because I heard the prosecutor say that there are twenty other cases against you; I am bound over.
GEORGE PERCY MUNDAY . I am a livery-stable keeper, in the Brixton Road—I knew the prisoner some time before March; he has been in the habit of hiring carriages of me—on 8th April he owed me 3l. 6s. for the hire of a pair of carriages twice, a pair of horses, and a pony for his boy—my son gaye me this cheque (produced), and it was paid into my banker's, and returned dishonoured—I called at the bank, and saw the clerk, who said there was paper there, but no effects.
Prisoner. Q. Did I hire a pair of horses and a servant of you A. Yes, to take Mrs. Claxton's children out.
THOMAS SAMUEL MUNDAY . I am a son of the last witness—on 3rd April the prisoner came and asked me if he could have a pair of hones and a servant next day, and he would pay what he owed if I could give him change for a cheque for 10l.—I said, "Yes," and he handed me this cheque—I gave him 6l. 14s. change, which I got from my mother, and handed the cheque to her.
JOHN HAMMOND . I keep the Loughborough Tavern, Brixton—the prisoner lived opposite me, in April, in Mrs. Claxton's house—on 3rd April he owed me 1l. 3s. for wines and spirits, and offered me this cheque for 10l.—I took what he owed me, and gave him 8l. 17s. change—I supposed he had money at the bank—I paid it to the City Bank, and it was returned to me with "Refer to the drawer" on it—I went and saw the prisoner—he said that there was something wrong at the bank, and he would put it all right—I went to the bank and found it all wrong—I told the prisoner, and he said that he was going to get a lot of money and pay it in—he kept promising from day to day.
Prisoner. Q. Did I ever pay anything over the hart A. Yes—you drank in the house—I met you in the street, and you blackguarded me.
GEORGE KIDNER . I am a butcher, of Woodhall Place, Brixton—the prisoner had dealt with me two or three months before April—he used to pay ready money—he owed me, on 2nd April, 16s. 1 1/2 d., and on 3rd April he called and handed my wife this cheque for 10l. 10s.—I authorised her to give him cash for it—I afterwards paid it to my bankers, and it was returned, marked "Refer to drawer"—I did not get it honoured.
Witnesses for the Defence.
A. bill to discount for 200l. He got the London and Suburban Bank to discount it, and did not hand me the money. From this I was ordered by the manager to open an account, and I paid in a bill for 500l., one for 34l. 18s., a cheque for 15l., and a cheque for 9l. 5s., making 759l. I did not ask the manager to let me draw against the 500l. bill, but it was agreed that I was to draw three-fourths on account of the 279l. It was then agreed that I should attach the balance lying in the bank in the name of Jacobe—60l. The manager promised me he would not part with it but to me. I paid in two bills about six weeks since, one for 200l. and one for 100l.; the 800l. Gray's bill, was dishonoured a few days before Potter's 200l. become due. Potter went to the bank and offered 100l. in payment, or he should stop payment; this prevented the manager paying the cheque, under the advice of the directors, I believe. This is every word correct, so help me God.
ARTHUR TAYLOR , May 14th, 1869. To R. Burrows, Esq.)—Mr. Burrows looked at it and said that it was correct—he said that he did not intend to appear at the Polio Court, and he thought the prisoner was a madman, and did not know how to conduct his own business—I know that a letter was sent to Burrows with a 1000l. bill in it—I know that you met Mr. Potter, in Regent Street, and that you connected those bills—I went to the bank—I saw you bring out 100l. and hand Potter 50l.—I heard Potter say that the 200l. bill was not to be drawn against.
Cross-examined by MR. OPPENHRIM. Q. Have you ever gone by the name of Janet Lowe? A. That was my maiden name—I have lived with the prisoner as his wife, but not for some time—I had a quarrel with him some time ago—he charged me with stealing soap, matches, seeds, and other things—I do not think he is in his right senses at times—I have not seen him in prison, by representing myself as his wife—the charge at Wandsworth was about three months ago—I did not bring a counter-charge him—the result was that the Prisoner did not appear on the remand.
MR. OPPENHEIM. re-called:
Prisoner. Q. Did not you swear, on your depositions, that you had the paper given you, but did not read it? A. I did not.
The prisoner, in his defence, repeated the statement in the paper, and said that Jacob, got three-fourths of the bills.
COURT. to R. BURROWS. Q. Did Jacobs get three-fourths of the bills? A. No; we advanced Jacobs 100l. only—the prisoner was served with a writ at the bank in Jacobs' matter—I sent for him to come there, but did not tell him he was to be served—we were obliged to sue all parties—I told the prisoner that I served the writ at the bank not to put him to the expense of sending a solicitor to his residence.
Prisoner. Q. Did not you say that you would stay proceedings if I would sign the document? A. I did not—the ledger shows that Mr. Warburton has a balance of about 180l.
GUILTY . **— Five Years' Penal Servitude.
MR. HARRIS. conducted the Prosecution; and MR. LILLEY. the Defence.
ROBERT FREEMAN . I live at 5, Edwards Square, Caledonian Road, and am an ivory turner—last Saturday night I was going home from Carter Street, Walworth—I inquired my way of a man, and then went into a public-house and saw the three prisoners there—I asked Newing the way to the station—he said, "You are too late to go by the train, mate; what will you stand?"—I stood two pots of ale, and paid with a sovereign—I put the change in my pocket; I had 2l. altogether, in silver, there—I stopped there more than half an hour, and went away, leaving the men there—when I had gone 100 or 200 yards, I stopped at a coffee-stall and had a cup of coffee—I then went towards the station, and received a blow—I turned round, and Newing hustled and struck me in the back of my head with his fist, and then another blow in the face—I was knocked down on the ground, and bled—I saw the other two prisoners—Newing thrust his hands into my pocket and took my money out, and one of the others put his hand in and took some more, because Newing did not get it all—the third man stood over me—they ran away, and a constable picked me up—I afterwards saw them in the hands of the police.
Cross-examined. Q. At what time did you leave Walworth? A. 10.30—I had been over on this side of the water—I was going to the Elephant and Castle station—the public-house I went into was between Carter Street and the Elephant and Castle—I arrived at that part of Surrey at 9.30—I had never seen the man before—I treated them, and stopped till nearly 12—the road where I was knocked down was very dark, with arches—I had been into other public-houses that evening; but not several—I had had a glass or two of ale; but not more than a glass or two at a time—I may have repeated that process three times.
JOHN CHILDS . (Policeman P 43). I received information, and saw Freeman going down the New Kent Road, and the three prisoners following a short distance behind him—he had to pen under a railway arch before he turned to the station—he was talking to a coffee—stall keeper, and they consulted together just past the stall—I passed them, and stood at the corner of Weymouth Street, and I watched them—Freeman left the coffee-stall and turned down under the arch—I ran down Weymouth Street to the corner of Baker Street, but could not see them—I ran across to the arch-way, which was very dark, and saw Policeman 308 pulling Freeman up from the ground, who was bleeding very much from his mouth he said, "I have been robbed?"—I ran through the court, under the arch, and caught Harrison—they were all three standing under a lamp post, apparently dividing money—I said, "I charge you with knocking down a man under the railway arch, and robbing him"—he said that he knew nothing about it—Hillman ran away—I said to Newing, "Heenan, it is no use running away"—he said, "No, sir, I will not run away"—Hillman was caught by another constable—I searched Harrison, and found 19s. 6d. in silver, and 1s. 8d. in copper.
Cross-examined. Q. Had you known either of them before? A. Perfectly well—Newing does a job now and then for Mr. Such, but is not in regular employment—I have known him put into houses as a broker sometimes—I have known Hillman living in Camden Street, and have seen him with a barrow now and then—I have known him five or six years, and do not remember missing him from the neighbourhood.
about 12.30, and saw the three prisoners under a lamp post in the Walworth Road—I afterwards saw Hilman running away, and pursued him—he was stopped, and I took him—I found on him 2s. in silver, and 3 1/2 d. in copper.
Cross-examined. Q. Is there an entrance to the Elephant and Castle Station from the Walworth Road, near the King's Arms? A. Yes—you can go direct into the station that way, without going round into the New Kent Road—I know Newing by sight, but not Hillman.
ALBERT MCPHERSON . (Policeman P 308). I was on duty about 12.30 on Saturday night, and saw the three prisoners going towards the railway arches from the New Kent Road—Freeman was lying on the ground, and they were ten yards from him—I picked him up, and asked him what was the matter—he was bleeding from the mouth, and made a complaint—I took him to the front of the railway station, pursued the prisoners, and took Newing—I charged him with robbing and assaulting a man—he said nothing—I found 12s. in silver and a halfpenny on him.
The prisoners' statements before the Magistrate. Hillier says " I was going up the road to give my mistress a pie. I was talking to this man, and the constable came up." Newing says "The landlord told me to see the man to the railway station. I showed my money to the landlord, and said I did not want the man to treat me. I had no need of money. On Saturday I had 12s. of my own when I went into the public-house.
Hillman and Newing received good characters.
Twelve Months' Imprisonment each, and Twenty-five Lashes with the Cat.
MR. STRAIGHT. conducted the Prosecution.
NOT GUILTY .
MR. BSSLEY. conducted the Prosecution.
JOHN BENNETT . I am now in the employ of Messrs. White and Co., in the City—in June last I was a clerk at 25, Moorgate Street—a plate glass insurance company was carried on there—the prisoner was one of the persons concerned there, with four brothers—he went by the name of Frederick Webb—the others also went by the name of Webb—I was there about eight weeks—there was a Hat of agents put up in the office—when the prisoner was there persons would corns to the office for insurances occasionally, but generally to have their breakages replaced—I never saw any money paid out while I was there—when persons came to insure I gave them a policy, received the money, and paid it to the prisoner.
Prisoner. Q. Was not Mr. Barrett the secretary of that company? A. He was represented as secretary—I never paid any money to him—I went by the name of Bennett when I was with you.
ELIZABETH COOK . I am employed at 14 A, Lime Street—I let a room there to the prisoner's brother for 26l. a year—I received one quarter's rent, and half a quarter the prisoner paid me—the rent was paid up to Christmas—there has been no rent paid since that—there was a young man came for about five or six weeks—he attended from 11 till 3 o'clock—the place was locked up after he left—I saw the prisoner there last about
three weeks after Christmas—I did not see him there after that—there was nothing in the room but a small piece of druggett, and a small counter put across—there were some small papers on the counter—I never saw any books—there was one cupboard kept locked—they never had any chairs there—letters frequently came there—"General Insurance Office" was painted on the door—when I let the room to Mr. Webb he told me he was a commission agent—I let the house to the prisoner's brother, but the prisoner paid the rent.
ROBERT CHARLES HARPER . I keep the Three Compasses, New Cut, Lambeth—the prisoner came to me early in June, and said he was directed by Mr. Chapman (who is a friend of mine, a builder) to call on me, and he asked if he could insure my plate glass, which I had just refitted to my house—I asked him what office he represented, and he told me the Lime Street office—that led me to believe it was the genuine office, which I had insured in previously—I knew there were such offices at 53, Lime Street—I told him to call again, and I might see Mr. Chapman he called again a day or so after; I had not seen Mr. Chapman then—on that occasion I insured the front—he said he had done a great deal of business with Mr. Chapman, the builder, of Brixton—I paid him 10s. as a deposit—he said the policy would follow in due course—another person came with the policy, and I paid him the balance, 1l. 17s. 3d.—I parted with my money on the faith that he represented the office at 53, Lime Street, and also his being introduced by Mr. Chapman—after that I saw Mr. Chapman, and I went to 14 A, Lime Street—I found no one there; I did not meet with the prisoner there—on 5th March I found him in Lower Marsh, Lambeth, representing to a gentleman that he came from the office in Lime Street—I heard the gentleman say he would give his attention to it—I said, "I will give my attention to you"—I took the prisoner to my own house, to feel certain he was the man, and my barman recognised him—I then took him to Bow Street, and gave him up to the police—he said his name was Frank Williams, residing at 8, Bow Street—this (produced) is the receipt the prisoner gave me.
Prisoner. Q. Does that not say 14 A, Lime Street? A. Yes—I did not look at that—I know a Mr. Chapman, of the Sutton Arms, Camberwell—you were about seventy yards from my house when I arrested you—I did not say I would withdraw the charge if the money was paid to me.
EDWARD GROANS CHAPMAN . I am a builder, at 5, Windsor Terrace, Brixton—I never saw the prisoner before, to my knowledge—I know Mr. Harper, of the Three Compasses—I never sent the prisoner to him—I know of no other person of the name of Chapman at Britton.
WILLIAM LEGGETT . I keep the Torbay Taverd, at Rotherhithe—I had the card of a person named Turner by me, and I wrote a letter to Mr. E. D. Rodgers, Lime Street, City—the prisoner came to me the next day—I did not know him before—he said he had come from Mr. Rodgers, and brought the letter I had written the day before—I asked him if he knew Mr. Turner, and he said he did, perfectly well—I showed him the card—I told him I wanted to insure my plate glass, and he said it would be 1l. 7s. 6d.—he said he would bring me the policy tomorrow—he brought it the next day, and I paid him 1l. is. 6d.—I asked him why Mr. Rodgers' name was not on the policy—he said Mr. Rodgers was the principal of the firm, and he never put his name on the policies—I parted with my money, thinking he came from Mr. E. D. Rodgers, of Lime Street, City—I went
to 14 A, Lime Street, afterwards, when I saw the account in the newspapers—there was no one there.
MR. TURNER. This is my card—I know nothing of the prisoner.
SAMUEL RALFE ACRES . I have been for fifteen years in the Plate Glass Insurance Company, established in 1852—the prisoner is not an agent of the company—I never saw him till I saw him at the Police Court—this is one of our prospectuses—Mr. Rodgers is the managing director of the company, and Mr. Oxford is the chairman—the policies are signed by them—I know nothing of the policies which have been produced, nor of any company at 14 A, Lime Street.
JOHN MATTHEW . (Sergeant P 6). On 4th May the prisoner was brought to Bow Street, by Mr. Harper—he gave the name of Frank Williams, 8, Bow Street—he was taken from Bow Street to Southwark—as we were going across Waterloo Bridge he took some papers from his coat pocket, and threw them over into the water—some of them fell back on the bridge, and were picked up—I searched him afterwards, and found a blank receipt and a circular of the genuine company, at 53, Lime Street.
Prisoner. Q. Was not I with you four years? A. I can't say—I presented you with a lever watch—it is about four years since you left.
FREDERICK WILLIAM LEWIS . I am a clerk in the Joint Stock Companies' Registry Office—there was no such company registered as the Plate Glass Insurance Company, at 25, Moorgate Street, before August last year, or any such company at 14 A, Lime Street, since that time—there might be such a company, I can't say.
Prisoner's Defence. I have merely to say that I have done business with Mr. William Henry Chapman, and I had no motive in saying that I had done business with this Mr. Chapman; and does it not seem strange that Mr. Leggett should pay money on policies coming from 14 A, Lime Street when the card he produced had the address 53, Lime Street on it.
GUILTY .— Five Years' Penal Servitude.
ADJOURNED TO MONDAY, 12th JULY, 1869.