CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
TENTH SESSION, HELD AUGUST 16th, 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, August 16th, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWRENCE, M.P., LORD MAYOR of the City of London; The Right Hon. Sir FITZROY KELLY , Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir MONTAGUE SMITH, Knt., one of Her Majesty's Justices of the Court of Common Pleas; Sir ROBERT WALTER GARDEN, Knt., Alderman of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; THOMAS DAKIN, Esq., ROBERT BESLEY , Esq., SILLS JOHN GIBBONS, Esq., DAVID HENRY STONE , Esq., and JOSEPH CAUSTON, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.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 COOK WORTHY HUTTON, Esq.
ALEXANDER CBOSLET, Esq.
ROUERT SLEE, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two start (**) that they have been more than once in custody—an obslick † 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, August 16th, 1869,
Before Mr. Recorder
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. STRAIGHT, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. METCALFE and F. H. LEWIS conducted the Prosecution; and MR. RIBTON the Defence.
EDGAR BENJAMIN INGAMELLS . I am a woollen agent, carrying on business at 9 1/2, Noble Street, City—I am agent, amongst others, for Messrs. Baincs and Hurst, of Leeds—I became acquainted with the defendant, about 1st December, 1868, through a man named Salkeld—Salkeld brought me the first order for goods, and I called on the defendant to ask him for references, at 4, Great Winchester Street—I also saw Joseph Hughes there, and one or two clerks—the defendant gave me references to Mr. Hughes, of Millwall Iron Works, and Owen Ford &Co., of Bishopsgate—he told me he had an order for J. A. Gray &Co., of Canterbury, New Zealand, for these goods—I asked him what his capital was—he said, "3000l."—this was all in the presence of Joseph Hughes; he was always present at every conversation I had with Webster—I have no doubt he took part in the conversation; in fact, I am sure he did—after that I executed the order for the goods, amounting to 94l. 14s.—before executing it I had been to the referees—I
went to Millwall, but did not see Mr. Hughes; he was stated to be in Russia—I saw his clerk—I also went to Owen Ford & Co., but could not see either Owen or Ford—I left my card, and told them what I wanted, and I had a written reference the next morning—I have not got it here, I sent it down to Yorkshire—I executed that order, and got paid for it—I executed it on the strength of the references, and also that the goods were going to J. A. Gray & Co., who were stated to be very substantial persons; in fact, the order was given as for J. A. Gray & Co.—on 14th December, those goods were sent from Leeds—on 16th December I received a second order, amounting to 130l. 10s.—this (produced) is the order—I saw both the prisoner and Hughes on that day—Joseph Hughes wrote the order, in Webster's presence—Hughes did not, on that occasion, say for whom the goods were; he had told me that all fabrics that they ever bought were for Gray & Co., of Canterbury—that order was ultimately executed; the goods left Leeds on 26th January, and were delivered to Smiths', the packers, in Camomile Street—from what I saw in the newspapers, I wrote to Webster about Hughes, of Millwall, and I received this letter in reply—I do not know Webster's writing—(The prisoner stating that the signature to the letter was hit, it was read as follow: "7th January, 1868. 4, Great Winchester Street, Old Broad Street, London, E.C. Merchants and Shippers. John Webster & Co., London Agents for J. A. Gray & Co., Canterbury, New Zealand. Dear sir, Your favour of this morning we beg to acknowledge, and say, in reply, that the report alluded to by your friends, in the matter of the Millwall Shipbuilding Company, is entirely distinct from the Millwall Rolling Mills, of which Mr. Hughes is the head, and we wish you to convey this to your friends.")—I received this letter, signed "J. B. Hughes" (produced)—I should say the signature is the same handwriting as the orders they gave me—in consequence of that letter, I sent goods to Messrs. Smith, the packers (This was from J. Webster & Co., per pro W. Hughes, dated 22nd January, 1869, directing the goods ordered to be sent to Smiths', the packers)—Hughes had told me distinctly, the first time, that they bought no fabrics except what were for Gray & Co.—he did not say so specially with reference to those goods—the goods were sent from Leeds to Smiths'—those goods have not been paid for; they were to have been paid for in a month—I made application for the money, in the first place to Joseph Hughes; Mr. Webster was stated to be away, ill—he afterward wrote to me, and I called on him, I think, some time in March—I did not get my money—I executed a third order—at the time I did so I under-stood the second order had been paid for—the amount of the third order was 158l. 15s. 6d.—Joseph Hughes wrote that order, professedly from a letter he had in his hand from Gray & Co.—he gave me the order person-ally—this (produced) is it; it is dated March 4th, 1869—Hughes distinctly said those goods were for (tray & Co., of Canterbury—they were what we term black union cloths—those goods were sent to Messrs. Smith, the packers—the first order that was given to me was for the same manufacturer that executed the third order—at the time I executed that order, I was under the belief that the goods were to go to J. A. Gray & Co., of Canterbury—there was a special time named for the delivery of these goods, "To catch a certain ship, and they must be in London on 8th March"—289l. 5s. 6d. would be about the amount due to me—I did not go to the referees after the first time—I have since been, on one occasion, to Ethelburga House, where Owen Ford & Co. carried on business; that was the
day after I heard that Webster had absconded, not later than that—I believe it was the first week in May, and I believe on the Monday after Webster was reported to have absconded on the Saturday—the last time I went to Webster's place was on the Friday previous to his, absconding; I can't give you the date—I did not find him there, the warehouse was locked up—when I went to Owen Ford & Co.'s, on the Monday, I saw the man there representing himself to be Ford.
Cross-examined. Q. The first order was on the 14th December? A. On the 1st, it was executed on the 14th—that amounted to 94l. 13s.—that was paid—the arrangement was cash in a month—I received no money, it was remitted to the manufacturers who executed the order—the second order was executed on 26th January—that would be before the first order was paid for, but it was not for the same manufacturer—the second order was to be paid for in a month—for the third order a bill was given for 158l. 15s. 6d. to the manufacturers—that has not been paid—the four months' bill did not include the second and third orders, they were from different manufacturers—I had never heard of Gray & Co. before—I had nothing to do with the goods being sent to Japan—I heard they were sent there—I saw an order from Webster to Smiths', the packers, to deliver them to the order of Messrs. De Vecchi. Navone & Co.—I did not say I was glad of it, for that Japan was a better market than New Zealand—I will swear that—I said probably it might be a good market—I believed it was, and that it would realize a profit; but they were not sold to be sent to Japan—I should not have trusted Webster if I had thought he had to find a market for his goods—they were not sent on speculation—perhaps parties do send out goods on speculation, but I was not sufficiently satisfied with Webster's amount of capital for that—if they had sold better at Japan than at New Zealand it would have made no difference to me, if I was paid the money; but there was the false pretence, that they were bought to go to Gray & Co.—I said I believed Japan was a good market—I did not say I was glad they were sent there, nothing of the sort—I did not say it was a better market than Canterbury—I am paid by commission—I have no idea what profit these kind of goods would make in a good market—I should say not twenty or thirty per cent, nor twenty—in the ordinary course, goods of this sort, destined for foreign markets, are sent to packers like Smith.
COURT. Q. When was it you heard these goods were sent to Japan? A. I have not got the date, it was not till after Webster was apprehended—I heard it before I was at the Police Court.
JOSEPH LEEMAN . I am a partner in the firm of Parkington & Co., champagne and claret shippers, of John Street, Crutched Friars—in January last, I received a note from Webster & Co., inquiring prices; in consequence of that I called on 28th January at No. 4, Great Winchester Street—I there saw the prisoner and Hughes—I was introduced to Hughes by the prisoner—I mentioned the fact of my having received the letter—I forget whether I took it with me—a general conversation took place—I told them I had not any wine at the price they wanted, but I could sell them wine at a higher price, which I quoted—they talked together with myself, and said they had orders to send wine to Australia, they did not know that they were limited to price, but they would be glad to see my wines if I would let them have samples—in the course of conversation I asked what business they were carrying on, and they told me they were merchants,
general merchants, I think—I don't know whether the word "genera" was used, but that was what I understood them to say—they said they were not in the wine trade, but they had received orders from some of their friends, or constituents, I forget which word they used, in the Colonies, to send them wine—I asked for references—they gave me Messrs. Owen Ford & Co., of Ethelburga House, Bishopsgate Street—I went there and found that name up—I saw a person, I can't tell you his name, I understood he was one of the partners—I received a very satisfactory reply to my inquiries—in consequence of that reference I furnished the wine—this is the order (produced)—it is dated February 20th, for seventy-five dozen of 56 champagne, at 19s. a dozen at Epernay—the "56" probably refers to the year of the vintage—I received this note, dated 9th March, it is simply an inquiry when the champagne will be ready—I think it refers to some subsequent order which we did not execute—it is on one of Webster's lithograph headings—I don't know in whose writing—[MR. INOAMKLLS. I believe this to be in Hugheb' handwriting]—We ordered the wine from Epernay, and on its arrival in bond we shipped it on board the ship we were directed to do by Webster & Co.—we imported the wine direct from Epernay—the shipping order came in this letter, and we lodged the wine to that order—it was sent to the dock—I don't know it of my own knowledge—I saw the prisoner subsequently on several occasions—I don't recollect any particular conversation about the wine—I have no doubt it was alluded to many times, that it was shipped, because a further order was given—I can swear that I told him the wine was gone, and he said he was glad to know that the thing was on its way—I received these papers.
CHARLES EDGAR WALLIS . I am in the Imperial Bank—I am acquainted with the prisoner's signature—I believe the signatures to these two documents to be Webster's: (Read "31st March, 1869. To Messrs. J. A. Parkington & Co Gentlemen, be good enough to send forward an order for 160 dozen of champagne, same as last, for the vessel taking the place of the Royal Dane. Signed, John Webster & Co." "7th April, 1869. (from same to tame) Gentlemen, The draft sent us we find only for the quantity of wine shipped, you will please include the champagne sent to Mr. Hughes' house, it having passed through our books, together with that sent to my own residence; you may send Mr. Hughes three dozen of brandy, which may be included.")
JOSEPH LEEMAN (continued). The debt due to us was 120l. 11s. 11d., including the goods sent to their houses—we received a further order for 100 cases of champagne, which we declined to execute—that was within a very short time of the smash, and after that we still received letters begging us to hasten it forward—I went to the prisoner's place about ten days afterwards—I suppose that was about the end of April—I found the office closed—I could find nobody there but the housekeeper, who keeps the whole of the house—this is the order for the seventy-five dozen—[Mr. WALLIS. This is in the prisoner's handwriting]—(This was an order dated 16th March, 1869, from John Webster & Co., to the witness, to deliver on board the Swift-sure, East India Dock, seventy-five dozen champagne.)
Cross-examined. Q. The amount of your debt altogether is 120l. is it not? A. Yes—for that he gave me a bill—it is not due yet, I believe—we discounted it—19s. a dozen the price of the champagne at Epernay—the cost on board would be 22s.—it would not fetch 60s. or 70s. a dozen in
the Australian market—I have a great doubt about its realizing a large profit—I would not ship it myself—I don't believe it would fetch 40s. or 50s. a dozen—if it fetched 30s. or 35s. a dozen at Melbourne or Sidney that would be as much as it would fetch.
EDWARD HANCOCK . I am a detective sergeant of the City police—I saw the prisoner in custody of Sergeant Hill of the K division—I told him I had a warrant for his arrest, and I read it to him, charging him with obtain-ing goods from Moses, Levy & Co.—he asked me if I had his partner in custody—I said, "No, the warrant only speaks of you"—he said, "When he hears I am in custody he will run away"—I said, "You did so when you found there was a summons out for you"—he said, "I knew nothing of the summons until the day after it was made returnable, Messrs. Hart have the goods, I had nothing at all to do with them, I never bought a single piece in my life"—I then took him to Moor Lane Station, where he was looked up—I had been seeking him for a fortnight—ho was found by Sergeant Hill—on 17th May I brought him from Moor Lane Station to Guildhall, and on the way he said, "I will tell you the truth of this matter, Mr. Hancock, I saw an advertisement in the newspaper for a traveller, it purported to come from Messrs. Owen Ford & Co., of Ethelburga House; I went there and saw a man whom I at the time believed to be Owen Ford, we came to an arrangement that I was to receive 250l. a year; in a few days I found that his name was not Ford, it was Hughes; I spoke to him about it and he said he was one of the firm; he afterwards said he had a brother in the country who had 2000l., he would advance another 1000l., and he proposed that I should take offices and carry on business together; we did so, and the business was carried on hi the name of Webster, in Great Winchester Street"—I should state that before he made that state-ment I told him I should be obliged to repeat it in evidence—I had been present at Guildhall on 1st May, when the summons was applied for, and I went on that day to the place in Great Winchester Street—I meant to have placed him under surveillance—I did not go to serve the summons—I went to make inquiries respecting him—I was not able to ascertain where he was from that time until I took him into custody—I made every endeavour to find him—I made inquiries about Owen Ford & Co.—I saw the man who said he was Owen Ford about the 4th or 5th May—I believe that man to be John Spittle Hughes—I have very good strong reasons for believing it—I called several times at Ethelburga House, and I saw him I think on the third or fourth occasion of my calling—there was no one there on the other occasions—I have been two or three times since, but was not able to see him, there was no one there—I have not been able to see him since—I traced the furniture of Webster & Co. in Winchester Street—I have not been able to trace any of the trading books—I did not find any at the place. where the prisoner was taken—I have not been able to find Joseph Hughes.
Cross-examined. Q. I believe before the prisoner made this statement to you, you gave him some brandy-and water; did you not? A. No—I will swear that—after he had made the statement he complained of faintness, and really did become very ill, and I gave him a little spirit, I forget what it was, but I rather think it was whiskey—I know that the goods were sold in; the name of Smith, I was present at the sale at Hollingsworth's—I do not know that Smith had been a clerk at the place in Winchester Street—the furniture was sold by Joseph Hughes, and a man named Stabbing, who had
been a clerk in their employ—I don't know who took away the things, I think it was after he was in custody, but I am not quite positive.
ASHER HENRY MONKS . I am a partner in the firm of Moses, Levy & Co., we are Australian merchants—we received a letter from Webster & Co. asking for a return of prices, in consequence of which our traveller went there—I saw the prisoner after some goods had been supplied—in consequence of what our traveller said, and in consequence of the references and inquiries we made, wo let him have the goods; they were shirts, and a variety of goods; I think the total amount was something like 300l.—I saw the prisoner, I think it was about the end of April—I asked him what had become of the goods; that we were not satisfied; we had heard rumours; we asked him if he had shipped them, and where to, and if so where were the bills of lading—he refused to give us any information; my partner was present—we taxed him with having pawned the bills of lading, or taken money upon them, he refused to give any information; he said, if he had, it was what a great many other houses did—(I had previously seen Hughes)—the prisoner said that Hughes had gone to Paris, I think he said to make purchases—he said Hughes was his clerk, at a salary of 250l. a year—that was in consequence of our having asked him if Hughes was his partner; he said, "Hughes is not my partner, he is my clerk; I pay him 250l. a year"—we asked him if he would show us his cash-book or banker's-book, to give us some evidence of fair dealing in this matter, as it appeared to us he was not acting fairly—he declined to do anything of the sort—we asked him where he lived, and he declined to state—upon that we took out a summons—I went to Ethelburga House the same day we had this conversation; I found some persons there, I don't know who they were, representing Ford & Co., in pos-session of their books—we saw some books, and we saw their ledger account—I went to Mr. Hails, I can't say whether it was before or after I saw the prisoner; I think it was afterwards—I did not sec any of our goods.
THOMAS WESTMACOTT . I am a traveller to Messrs. Moses, Levy & Co., of Aldgate—in consequence of a letter I went to No. 4, Great Winchester Street, and there saw the defendant—on 8th March this letter (produced) was received at the office,—[MR. WALLIS. This is the prisoner's writing.] (Read: "8th March, 1869. Gentlemen. We are obliged by the pattern shirt sent on, and can give you an order for 100 dozen at the usual date of payment, four months. We shall be glad to know if the terms proposed are accepted. John Webster & Co.")—Between the 8th and the 12th I saw the prisoner—I told him I thought it would be advisable for him to pay cash at 5 per cent, as our firm would like that much better—he said that on account of the nature of the business the returns were not coming round so quickly, and they could not pay cash—ho said he could pay by a four months' bill—he said the goods were to be sent to Canterbury, New Zealand, and asked if they were suitable for those markets; I said, "Yes"—he said he wanted them for Canterbury, and likewise for Melbourne, Victoria—I applied to him for references, and he gave me Owen Ford, of Ethelburga House, and McFarlane, of Langbourn Chambers, Fenchurch Street—Hughes was present at this conversation; Webster gave Hughes a card, and Hughes wrote the names of the referees on the back of their own card; this is it (produced), and this is the order for the 100 dozen striped jean shirts which we executed; we had a written order to deliver them to Smith & Co., the packers, in Wormwood Street, where we sent them—on loth, I think, I again saw Webster and Hughes at their office, they then gave me this order
(produced) for twenty-five dozen fancy wool shirts, at 34s., and twenty-fire dozen coloured jeans, at 21s., that is signed with the prisoner's signature, not Hughes'; those goods were also sent to Smith's according to their direction—they were both present when that order was given—at that interview I left another sample of shirts, and on the following day I got this order (produced) for twenty-five dozen Crimean wool shirts, at 48s.; and twenty-five dozen ditto at 59s. 3d., and twenty-five dozen Crimean shirts at 77s., they were also to be sent to Smith's—that order was executed—I saw the prisoner and Hughes at their office, I think it must hare been a week after; on the 22nd I received this order (produced), for five and a half and four and a half dozen shirts; those appear to have been for private use for both of them, those were sent to the office—those were all the orders we executed; we had other orders which we did not execute—the amount of all the orders would amount to about 351l.; we have not been paid any portion—we never had the chance of drawing upon them—I communicated to my employers the representations that had been made to me—they told roe they had been in the hardware trade, and they were going more largely into the soft goods, cotton and woollens, and that they were doing largely—they said these goods were for Canterbury and Melbourne—I communicated that fact to my employers immediately.
Cross-examined. Q. Did you not receive a four months' bill? A. No—four months' credit was spoken of—nearly the whole of that credit would have expired by this time.
HENRY NEWTON . I am clerk to Messrs. Frinneby & Son, bristle merchants, of 143, Cannon Street—on 5th December last, we had a communi-cation from Webster & Co., and on the 12th I called on them, to know about the terms—I saw Webster and Hughes—I asked them the terns they would accept, twenty-eight days and one-and a-quarter, or a four months' bill, and they agreed to a four months' bill—it was stated on the letter that the goods were for New Zealand—nothing was said to me at that time about where the goods were to go—Mr. Frinneby saw them on the occasion of receiving the letter—I saw Hughes again, about the 18th January; he then said the goods were to go to the East India Dock, and he would send us a shipping note—we did not have it, and they were sent to the Poplar station—the prisoner was not present then—we received this order (produced) on 22nd December, 1868. [MR. WALLIB. This is Mr. Webster's handwriting.] This is an order for brushes, and other things, to be sent to the Poplar station—this other order was received the same day. [MR. WALLIS.; This is the prisoner's writing.] This is for brushes, brooms, and scrubbing-brushes—altogether, we supplied goods to the amount of 115l.—I only saw the prisoner on 12th January, when I saw him with Hughes—the bill was returned dishonoured.
Cross-examined. Q. It was due on 15th May, when he was in custody? A. Yes—he did not consult me about the foreign markets—no place of destination was mentioned to me, only that the goods were to go to the East India Docks to be shipped—I received an acceptance from him for 115l.—one of the firm drew it, and I went with it.
WILLIAM HMITH . I am a packer, in Camomile Street—on 1st April, I received 125 dozen fancy shirts from Moses, Levy & Co., and on the same day I received this letter. [MR. INGAMELLS. I believe this to be Hughes' writing.] (Read: "1st April, 1869. To Messrs. Smith & Co. Gentlemen, Please pack 120 dozen regatta shirts in two bales, double canvassed) and
tarpaulin, the 25 dozen in one, to be marked 'H. W., 1. 3.'") We packed, and sent them by the ship Swiftsure—on 15th April we received, from Moses, Levy & Co., 119 men's doeskin shirts and 25 dozen shirts—we received from J. Webster & Co. directions, in pursuance of which we sent them by the Martha Burney for Sydney—I am referring to our receipt-book—I recollect delivering some goods to a person of the name of Thompson—I can't say when; Mr. Harris has all my papers—we received these delivery orders. [MR. WALLIS. I believe these to be the prisoner's writing; it is not his usual signature, but I believe it to be his.] (That were dated 6th and 22nd February, and were orders from Webster & Co. to deliver to bearer eighteen pieces of brown cloth and eighteen trusses of twine.) We delivered those goods to Thompson, unpacked; they were taken away in a van—we received this order. [MR. WALLIS. This is the signature of Webster & Co.] (Read: "11th March, 1869. Please deliver the union black cloth you have of ours to Messrs. De Vecchi, Navone & Co., who will give you packing instructions, and ship the same. Signed, J. Webster & Co.")—I delivered those goods to Messrs. Navone.
HENRY HART . I am a merchant, in Fenchurch Street—I have known the prisoner for some time—I believe, when I first knew him, his place of business was at Ethelburga House, Bishopsgate—I knew there was such a firm as Owen Ford & Co.; they had offices, I believe, on the same premises—I am not quite sure when I first knew the prisoner in Great Winchester Street; I rather think it is some four or five months since I first heard of their being there—I had done business with him when he was at Ethelburga House—I don't recollect when the last was—in the early part of April, this year, a man named Hughes called upon me—he referred to an intended shipment they were making, of shirts, to Australia, and spoke to us relative to advances—I don't think he told me at that time where the goods came from; I think we knew before we advanced any money—he brought the invoice, it amounted to 148l., and was for three bales of shirts from Moses, Levy &Co.—the entire amount I advanced was 101l. 5s., including charges; the amount in cash was 87l. 13s.—that advance was made on 125 dozen shirts, to be forwarded by the Swiftsure—62l.; 13s. of that advance was made by cheque, and 25l. in cash, not by cheque—I have here a cheque for 25l., on 5th April, but I think that refers to another transaction. [MR. WALLIS. The endorsements on these cheques are both in Webster's handwriting.] I rather think both those cheques were given to Hughes—I obtained the bills of lading, and shipped those goods to some person at Melbourne; not in my own name: the bills of lading were made out in our own name, but they were shipped as from Webster & Co.—this (produced) is the bill of lading referring to those goods—on 20th April I advanced other moneys on goods—I rather think I saw Hughes on that occasion—I may have seen Webster during the course of the proceeding, but, I think, finally I saw Hughes—those goods were two cases of clothing, and one of shirts—before making the advance we saw an invoice—I am not sure whether it was an original one, this is a copy of it—the amount of it is 161l.; there is no date on it, but the transaction occurred on 28th April—I advanced on that 92l. 7s. 4d.—I see this was the transaction in which 25l. was paid in cash, and 67l. 7s. 4d. was paid by cheque—Hughes came to us and represented that Mr. Webster was away ill, and he was in urgent want of cash. [MR. WALLIS. The endorsement on this cheque is Webster's.] We sent those goods to Sydney—I recollect Hughes
balling and showing me an invoice from Parkington & Co.—I have not the invoice now, nor do I think we ever had an original invoice of that—I have a copy which was handed to us at the time; I have no recollection who handed it to us, it came to us from Webster's office—I am not certain whether I sent out the original invoice—in some oases I know we did not get the original invoices, and that may have been one of them—I saw Hughes with reference to this champagne—it is an invoice for seventy-five cases, at 22s., 83l. 17s. 9d.—I advanced money upon that invoice in conjunction with some other goods—I don't remember how much I advanced in respect of this particular wine; there was no special amount set aside for that, the whole was taken together—I advanced 174l. 5s. 6d. upon invoices amounting to 308l.; there were three or four different invoices of goods submitted together, and they were all dealt with together; we could only account for them altogether when we got account sales of the entire lot—we were to sell the goods on behalf of Webster & Co.—we charged them a commission on the combined lot of goods—we were to receive account sales from our correspondent for the entire lot—it was one shipment of goods, although comprised in different invoices—I. Solomon & Co., of Melbourne, were the consignees of these goods—Myers & Son were our Sydney agents; they were both our correspondents—Messrs. Frinneby's ten cases of brushes were not included in that advance; I advanced upon those in February last; they were also taken in conjunction with another invoice of goods and combined in the same bill of lading; the gross amount advanced in that case was 117l. 1s.—the other goods were three bales of canvas, the grow amount of the invoices upon which that advance was made was 193l. 3s. 1d.—the advance, exclusive of charges, was 109l. 17s., 9d.—the 174l. advanced on the 308l. invoices included charges—it was 147l. 6s.; without charges—the charges were amounts paid out for Webster & Co., insurance, and other things, which they would have to pay—we saw the original invoices or copies before advancing the money—I rather think we saw Mr. Frinneby's invoices—the brushes were sent to Melbourne, to Mr. Davis; he is also a correspondent of ours—they were sent from the East India Dock—I believe we advanced money on goods in the same way when Webster was at Ethelburga House—I have never had an opportunity of rendering him an account sale of the goods, a sufficient time has not elapsed; this last week only we first got definite returns upon one transaction, which was the very first—we have had no account of any of the goods in June—the account we received last week does not refer to any of the goods that have been in question here—I never saw Joseph Hughes at Ethelburga House; I was never there myself, but I saw him during the time they were in business at Ethelburga House—he interfered in some of the transactions upon which I advanced money while Webster was at Ethelburga House.
Cross-examined. Q. I suppose we may take it that these goods that you did send out were to be sold for Webster & Co.? A. Clearly; and I am now expecting every mail some return on account of them—we know that some have arrived and have not been sold; if they had been sold the cash would be sent, and I should account to Webster & Co.—we charged commission—the charges were cash payments, made on behalf of the shippers, for insurance, and so on, that they would have to pay themselves—it is very doubtful when I shall receive returns of the sale of these goods—we have no definite expectation in the matter; we may get them in a month or two for those sent in April—we could not possibly have returns
yet for two or three months—there is very great uncertainty as to the pried the champagne will realize in Melbourne; it depends upon the state of the market there—sometimes it realizes a good profit, sometimes not—as to the cloth, there is nothing like a certain calculation to be made with respect to the profit it will realize; it is a very uncertain market; if the market wag good it might realize 20 or 30 per cent.—I have not sent any goods to Gray & Co., of Canterbury, direct for Webster & Co.—they sent them them-selves; but they passed the documents through our hands—there were two shipments, the first was in November last—I rather think they were both in November—that was all I forwarded to Gray & Co.—we made advances upon those—we have received the returns and accounted to Webster & Co, for the difference, deducting our charges—I know nothing about the Japan market—it is sometimes the case that goods intended for a particular market are sent elsewhere—we have done so ourselves—from information acquired after the goods have been provided, sometimes on the arrival of the mail, getting advances upon goods thus exported is not at all uncommon—we frequently make them to houses of undoubted respectability, old established houses—there is nothing unusual or irregular in it—when we receive the accounts from abroad we are bound to account to Webster—we make out a statement, and hand the surplus, if any, and demand the balance if there is a deficit, if the goods do not realize our advances—as a rule we calculate to leave ourselves pretty safe, although we are often mistaken—is far as I was aware Owen Ford & Co. were at Ethelburga House in 1868-9—we never had any transactions with them; we only knew them by name—we made inquiries and found they had been there a considerable time—I believe they are known by name in the trade as iron and spelter merchants—we have had their invoices pass through our hands—I have no idea how many years they have been there—I never heard of them until Webster introduced their name to us in November last.
MR. METCALFB. Q. Did you know that Owen Ford & Co. consisted of a brother of Hughes? A. No—I had not the slightest suspicion until these proceedings commenced—I had no knowledge that there was a brother of Hughes—I have heard it since the proceedings have been pending—I have not seen John Hughes for a considerable time—they were in the same building—I believe not in the same office; but I was never on the premises—my partner has been there once or twice in the beginning, I believe—I believe they were not in the same office—I believe their business was distinct—we rendered a statement to Webster & Co. of the goods they consigned, since the arrival of the last mail, eight days ago, through the post, addressed to their late office—we had no other place to send it to—I have not a copy of that statement; but I have the current notes, which gives all the particulars—that is the only statement of account I have given—I have tendered a good many accounts to other persons—I have no objection to give names; but I rather question whether private firms would like their business disclosed—I have paid very many balances, twice within the last few days—I have carried on this business for the last three years—I have heard of the firm of Gray & Co.; but I never had any transaction with them—Webster & Co. shipped the goods to them in the first instance, and we made advances upon them after they were shipped—the result was that Grey & Co. took up one bill and dishonoured the other—we got our advice last week; that was the transaction I was referring to—we got notice of the bill being dishonoured by the mail that arrived last
week—we Beat none of these goods out to Grey & Co.—there was a considerable deficiency upon the transaction where the bill was dishonoured—we charged that deficiency against the goods we sent out—we have a general balance, and a lien upon the whole.
DOMINIC NAVONE . I am a merchant, in Great Winchester Buildings—in March last, a person named Abbott called upon me with a sample of cloth—he had a conversation with me—he afterwards brought me this letter, signed "John Webster & Co."—[MR. WALLIS. That is Webster's signature]—He gave us this letter as a receipt, after we paid aim some money—(Read: "12th March, 1869. Gentlemen, We beg to enclose invoice of twenty pieces of black union cloth, which please send to the best market, to be there disposed of on our account and risk, and return sales to us, We beg to acknowledge receipt of 100l. as an advance against goods, at the same time enclosing ours for 2l. 10s. for advance commission. Signed, John Webster & Co.")—We had advanced 100l. on those goods—we shipped them to Japan, by the Janet Ferguson, to our own agents—before we made the advance, Mr. Abbott brought an invoice made by Webster to himself—I asked him to bring the samples, because I wanted to be certain that the goods were worth the money advanced, and then he brought the original invoice—I believe it was the original invoice of Barnes & Hurst, of Leeds, amounting to 158l. 15s. 6J.—this is the cheque we paid on 12th March—Smiths' packed the goods.
Cross-examined. Q. Is Japan considered a very good and profitable market? A. It depends; sometimes it is, and sometimes it is not—I can't tell you how much these goods would realize there—we think they will, at all events, realise what we advanced—they are to be sold for Webster & Co.—we have not received the returns yet, we may get it in two months—the money would be forwarded to us—we should deduct what was due to us, and pay the difference over to Webster, or the parties who would be entitled to it—this is not an uncommon transaction in the trade.
CHARLES EDGAR WALLIS (re-examined). An account was opened with the Imperial Bank by John Webster & Co., of 4, Great Winchester Street—I knew nothing of them at Ethelburga House—they opened the account with us on 7th December last—I have it here in the books (refering)—it opened with go.—their largest balance was 174l. on 10th February—on 26th December it was overdrawn 10l.—this acceptance for 124l., dated 23rd. December (produced), is Webster's writing—that was dishonoured, as there were not sufficient assets—it is payable at one month—on 12th March their balance was 105l. at the commencement of the day, at the close it was 3l.—there is nothing to their account now—during Marsh, April, and May, documents were presented for payment and not paid—this (produced) is an acceptance of Webster's for 88l. 13s.—that was presented and paid on 2nd February—on 18th March their balance was 53l., but that was paid away again the same day—after that there was no balance, with the exception of 2l., which has been written off for commission.
Cross-examined. Q. What is the book you have there? A. A calendar made out from the ledger—no doubt this bill of Hodge & Go., for 110l. 4s. (produced) was paid—I see it is written off—we have paid many bills accepted by Webster & Co.—I have not got the ledger here that contains their account—these entries are not in my writing—I only know from the boob that they have no account now.
Street—in February last the prisoner was indebted to me 14l. odd for Lighter age charges—I could not get it from him—I made many applications to him, and brought an action against him in the Mayor's Court—I also saw Hughes many times in reference to it, and he made repeated promises to pay me—I have not got the money yet.
JOHN HILL (Police Sergeant K 2). I took the prisoner into custody on 15th May, between 9 and 10 in the evening, in Burdett Road, Stepney—he was in a pawnbroker's shop there, tendering a dressing case in pledge—I said, "Is your name Webster?"—he said, "No, my name is Morton"—I said, "No, your name is Webster, and you are wanted on a warrant in the City, for obtaining goods by false pretences, and in that name I shall take you—he said, "No, my name is Morton."
MR. WALLIS (re-examined). The books I have produced are made up at the end of each day—if a cheque comes to be paid I refer to these books to see if there is a balance—I should have referred to this book in March—this is the original book—the one I refer to is a copy from it—the ledger is not here—we have sent for it—I have the return books—they show the cheques that have been returned—the majority of these entries are made by me at the time—I can say by looking at this that I returned many of John Webster & Co.'s cheques which were presented through the clearing house, without paying them—I can't say whether or not they may have been paid the next day.
JOHN CRAGG . I am a cashier in the Imperial Bank—I produce the ledger containing the prisoner's account—it is not in my writing, it is one of the clerks'—the entries are made from the moneys paid in and paid out day by day—it is checked every night, not by me—I may have checked some of these entries, I don't know—I refer to it from time to time—the first payment by the prisoner appears to have been on 7th December—none of these entries are in my writing, they are made by the ledger-keeper or someone who acts for him—if a cheque is presented, before paying it I should go to the book that Mr. Wallis has referred to, which is copied from this book—the prisoner was furnished with a pass book—that is made up from the vouchers we pay, and agrees with the ledger.
MR. RIBTON called
GUILTY .— Ten Months' Imprisonment.
The following prisoners PLEADED GUILTY:—
703. CHARLES MICHAEL HARRIS (27) , to stealing, whilst employed under the Post Office, a post letter, the property of Her Majesty's Postmaster General— He received a good character— Six Months' Imprisonment. [Pleaded guilty: See original trial image.]
704. THOMAS WORSTER (42) , to stealing 2 lbs. weight of rhubarb and other drugs, of Charles Robinson Harker and others, his masters— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
705. RICHARD HENRY LQNGSTAFF (35) , to two indictments for stealing two curtains and other goods of George Tomlinson and another, his masters, having been before convicted of felony— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
706. CHARLES SMITH (24) , to feloniously breaking and entering the warehouse of George Canwell, and stealing 100 yards of muslin and other goods, his property— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
707. JOSEPH FISHER (51) , to stealing a quantity of feathers and other goods, of Moses de Costa Andrade and others, his master— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
708. HENRY ALBERT LANSLEY (26) , to stealing, whilst employed under the Post Office, two post letters, containing photographic portraits and postage stamps, the property of Her Majesty's Postmaster General — Eight Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
709. WALTER CRAWFORD (23) , to stealing, whilst employed under the Post Office, two post letters, containing an order for 20l., and an order for 3l., of Her Majesty's Post-master General, also to forging and uttering an order for 20l.— Five Years Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, August 16th 1869.
Before Robert Malcolm Kerr Esq.
JAMES GUNTON . I am a cheesemonger, 141A, Whitecross Street, Stepney—on 25th June last the prisoner came to my shop, about 3 o'clock in the afternoon, and asked for two eggs, which came to 1 1/2 d.—he gave me a half-crown in payment—I gave him a florin, a threepenny piece, a penny, and a halfpenny change—I put the half-crown in the till—there was no other there and after the prisoner had gone I examined it and found it was bad—I went out after him, and he was walking quickly away—he went down Catherine Street, and I lost sight of him—I gave the half-crown to a constable.
WILLIAM CHURCH (Policeman K 304). On 25th June last I was on duty at Stepney—I saw the prisoner running through Catherine Street—he saw me and stopped—I took him into custody—I received this bad half-crown from the last witness—the prisoner was taken to the station and searched—he was afterwards taken before the Magistrate, remanded and discharged—he gave the name of William Harris.
LOUISA BISHOP . I live with my father, at 24, Alma Road, Mile End—I attend to his shop at 10, Wilson Street—on Saturday, 10th July, the prisoner came there for half an ounce of tobacco—he gave me a half-crown in payment—I did not like the look of it, and took it to my father at Alma Road, and he came back with me—he told the prisoner that he thought it was bad—the prisoner said he was as innocent as a piece of paper that was on the counter, that he had it for a day's work—I gave the half-crown to the policeman at the station.
EDWARD BISHOP . On 10th July, my daughter came to me at Alma Road, and showed me a bad half-crown; I went back to Wilson Street with her, which is about nine doors off, and found the prisoner there—I said it was a bad half-crown—he said, "I am very sorry; I am quite innocent. I had it for a day's work at Spital Market"—I sent for a constable, and gave him into custody with the half-crown.
Prisoner's Defence. I am quite innocent of it.
He was further charged with having been before convicted.
DANIEL WHITTERIDGE (City Policeman 792). I produce a certificate—(This certified conviction of George Smith, on 24th, July, 1868, of utter-ing counterfeit coin, sentence, Twelve Months'—The prisoner is the man—I was present at his trial.
GUILTY.— Seven Years Penal Servitude.
MESSRP. COLERIDGE and WIGHTMAN conducted the Prosecution.
MARY HAMMOND . I live with my father, at the King's Head beer-shop Lea Bridge—on 20th July last, about 1 o'clock in the day, the prisoner and another man came to the house together; the other asked for a pint of cider, and gave me a shilling—I gave him sixpence and threepence change—they went down the garden and took the cider with them—I put the shilling at the top of the till—the till goes down with a slant—the money does not go to the end unless you push it—there was other money in the till; but not at the top—I left the shilling on the slant—I afterwards went with my father to the till, and found the shilling on the slant, where I had put it—my father took it out—I noticed it was very bright—I then saw my father speak to the two men.
Prisoner. Q. How long was I in your house? A. You were in the garden about an hour and a half—when my father took the shilling out of the till he put it in his mouth, and made a dent in it.
JOHN HAMMOND . I am father of the last witness—on 20th July I came home about 2.30—shortly after the prisoner came in from the gardens and asked for some tobacco—I gave him a half-ounce and two pipes—that would be twopence—he gave me a bad shilling in payment—I tried it with my teeth—I threw it down and said it was a duffer—I was going to bite it again—he said, "Don't bite it any more; I know where I got it from, and can get it changed"—he then paid with copper money, and took up the shilling—he went back to the garden and met another person of the name of Ellison, at the bottom of the garden—they came out of the garden about ten minutes after, and one of them brought in the pint pot—in consequence of something my daughter said, I went to the till, and saw a bad shilling on the slant of the till—I went out after the men, and found them about thirty yards away—I went and collared one, and brought him into the house, and the other one followed him—I sent for a policeman, and gave them in charge—I took the shilling to the station, and gave it to the constable on duty.
JAMES ELLIOTT (Policeman N 50). On 20th July the prisoner and another man were given into my charge—I found a half-crown, a sixpence, and 2d., in good money, on the prisoner—Mr. Hammond told me that he had offered a shilling, and I asked where it was—the prisoner said, "You see I have not got it"—I received this shilling from John Hammond.
Prisoners Defence. I met this young man, and I went with him and had a pint of cider. We were in the house an hour and a quarter. I don't think I should have stopped in the place that time if it had been a bad coin; and we were outside a quarter of an hour before he came to us. No bad money was found on me.
He was further charged with having been before convicted, in July, 1866, for a like offence, to which he
PLEADED GUILTY— Seven Years' Penal Servitude.
The witnesses in the former rate repeated their evidence.
Ellison's Defence, I have to beg for mercy, that is all I work hard for my living. I have known Clarke six months, by coming to my beer-shop. I never knew him to do anything wrong, or I should not have been in his company.
GUILTY— Judgment respited.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution
HARRIETT DAVIN . I am the wife of John Davin, 28, Wellington Street—he is a greengrocer—on 5th July the prisoner came to my shop, about 9.45 in the evening—she asked for three pounds of potatoes, which tame to 2d.—she gave me a crown in payment—I had not got sufficient change, and I went to Mr. Pitts, to ask him—he gave me 5s., and I gave the prisoner 4s. 10d. change—next morning Mr. Pitts brought back the crown—I locked it up in a cupboard, and afterwards gave it to the constable.
GEORGE WILLIAM PITTS . I manage my father's business, as cheese-monger, in Wellington Street—on 5th July I received a crown from the last witness, and I gave her change for it—I placed it in the till—there was no other crown there I took the money out of the till when the shop was closed, and gave it to my father—I received a bad crown from him next morning, and gave it back to Mrs. David.
WILLIAM BODES . I live at Bethnal Green—on 11th July the prisoner came to my shop for half a pound of cheese—I said I did not sell cheese—she was going out, and she said, "Do you sell tea and sugar?"—I said I did, and she had goods which came to 7d.—she gave me a Dad 5s. piece—she left the things on the counter, and went out, and said she would come back—I went out after, and saw her in a doorway—I then went back to my shop, and I never saw anything more of her.
MARY ATTN WHITKHKAD . I am the wife of I'M ward Whitehead, a com dealer, at 59, Hare Street, Bethnal Green—on 13th July the prisoner came for a half-quartern of flour—she gave me a had crown—t said It was bad—she looked rather astonished, and said, "A bad one?"—I went into the parlour, and marked it, and sent next door, to Mrs. Clap, to know, if it was a good one—she came back with the crown piece in her hand—the prisoner walked out of the shop as Mrs. Clap walked in—Crowther went out, and she was brought back and given in charge—I gave the crown to the constable.
SARAH CLAP . I am the wife of James Clap, and live next door to Mrs. Whitehead—her servant came to me with a bad crown piece—I took it back to Mrs. Whitehead—I saw the prisoner coming out of the shop when I went in—I said that it has a bad one, in her hearing.
JONATHAN CROWTHER . I live at 2, Sun Square—on 13th July I saw the prisoner leaving Mrs. Whitehead's shop—I followed her, and pointed her out to a constable, and he took her into custody—she said she knew nothing about the crown.
shop—I took her back, and she was searched, and twopence found on her—I received the crown from Mrs. Whitehead.
Prisoner's Defence. I was not out on the 3rd July. I fell down on my face, and hurt my leg. I was never in Mrs. Whitehead's shop.
Cross-examined. Q. What room does she occupy? A. The first floor—I went out on the 3rd July myself—I am the prisoner's sister—she came out of prison on the 3rd—I met her at 9.30 in the morning—she got drunk—I was not—she went out after she got home—she came home with her face cut.
GUILTY Two Years' Imprisonment.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
ALBERT HODGES . I keep the Green Dragon, 42, Brill Road, Somers Town—on the 12th July I was standing outside my door with Mr. Farnham—the prisoner came up and said, "Will you have a glass of something to drink?"—he came in with me, and I served him with three glasses of ale—he gave me a half-crown, and I gave him 2s. change—I put the half-crown in the till—there was no other there—the prisoner drank his ale and went away—I afterwards went to the till and found the half-crown was bad—I afterwards compared it with another half-crown, marked it, and put it on a shelf—next evening a neighbour came to my house, and my wife gave the half-crown to him.
ELIZABETH FARNHAM . My son keeps a fried fish shop at Brill Row—I was in the shop on the 15th July last—the prisoner came there between 10 and 11 o'clock—he asked if I had any cold fish—I told him, "No"—he turned away from the counter and came back again, and said, "Give me a bottle of ginger beer"—he gave me sixpence—I gave it to my daughter-in-law, and I gave him 5d. in change, and he left—he came again on the 16th, and asked if I had any cold fish—I told him, "No"—I recognised him, and put my hand on his shoulder, and said, "You are the man who came in yesterday and gave me a bad sixpence for a bottle of ginger beer"—my son caught hold of the prisoner's hand, and said, "This is what I want now," and took another sixpence out of his hand—the prisoner afterwards gave me a good one—I gave it him back afterwards—my son gave the bad one to the officer.
SARAH FARNHAM . I am daughter-in-law to the last witness—I was present on the 15th, when the prisoner came in and gave her sixpence—I changed it for her—as soon as the prisoner left I found it was bad—I bent it with my teeth, and put it on the mantelshelf—I saw the prisoner next day, and recognized him—I fetched the sixpence from the shelf, and gave it to the constable.
HENRY PHILIP FARNHAM . I am the husband of the last witness—on Sunday, 11th July last, I was at Mr. Hodges' door, when the prisoner came up and spoke to him—he said, "Come and have a glass of ale"—we went in, and he asked for three glasses of ale—I saw the prisoner give Mr. Hodges a half crown—he put it in the till—I saw him take it out after wards, and compare it with another half-crown, which he broke—he put a cross on the half-crown the prisoner had given him, and put it on a shelf,
in the bar parlour—on Sunday, 18th July, I was sent for to my shop, and saw the prisoner there, and recognized him as the man I bad seen at Mr. Hodges'—I heard my mother say, "This is the man who gave me a bad sixpence"—the prisoner said, "I did not know that I did"—he then put his hand in his pocket, and said, "Is this a bad one"—I took it out of his hand, and said, "This is the very one I want," and took a bad sixpence out of his hand—I afterwards sent to Mr. Hodges, and got the half-crowns from the shelf in the bar-parlour, and gave them to the constable.
CHARLES BARKER (Policeman, Y 103). I was called to Mr. Farnham's house, and took the prisoner in custody for passing bad money—I received a had sixpence and two bad half-crowns from Mr. Farnham, and also a sixpence from Mrs. Farnham—I found a good sixpence and twopence on the prisoner.
GUILTY .— Two Years' Imprisonment.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution; and
MR. PATER defended Race.
RACHEL FORSTER . I am the wife of Ambrose Forster, and keep the Duke of York, in Salmon's Lane—on the 20th July last the prisoners came and asked for a pint of half-and-half—Johnson paid with a shilling, and I gave him tenpence change—I put the shilling in the till—there was no other shilling there—it was taken out two or three minutes after by the barmaid—the prisoners were still there.
Cross-examined. Q. You say there was no other shilling in the till? A. Yes—I had cleared it two or three minutes before—I only left six-pences in the till—I took out the half-crown and shilling.
AMELIA PASS . I am barmaid to Mr. Forster—on 20th July last, in consequence of what I heard, I went to the till, and found a bad shilling—it was the only one there—I took it out, and said to the prisoner, "This is a bad shilling"—Johnson said, "I will give you the difference," and he gave me ninepence, and Race gave me threepence—I put the shilling on the counter, and turned round—when I turned back again it was gone—I had seen Mrs. Forster clear the till of the half-crowns and shillings just before—she leaves the small money in the till—I bent the shilling with my teeth before I put it on the counter.
JOSEPH HOLT . I was in the Duke of York on 20th July and saw the prisoners there—I saw the last witness put a shilling on the counter—she first took it out of the till and bent it with her teeth—I then saw Race pick it up from the counter and put it in his mouth—I have known Race about four years.
Cross-examined. Q. Will you swear it was not a piece of tobacco? A. I will—I saw him take the shilling in his hand.
JOSEPH WHIFFEN (Policeman K 324). I was called in and took the prisoners into custody—I found nothing on Johnson—I found a quarter of an ounce of tobacco and a purse containing 7s. 3 1/4 d. on Race—there were
nine sixpences, two shillings, and 9 1/4 in coppers—I gave them up to Sergeant Austin, in the purse.
Cross-examined. Q. Did you examine the money on 20th July? A. I did not examine it—I turned it out on the desk—I did not see any bad one there then—I went before the Magistrate next day—I never said a word then about one of the shillings being bad—it was found out a week after—Race asked the Magistrate if the money might be given up to his wife, and a shilling was then found to he had.
JAMES AUSTIN (Police Sergeant K 29). I was present when the last witness searched Race at the station—I saw the purse found on him—he shot the money out on the desk—there were nine sixpences, two shillings, and 9 1/4 d. in coppers—he put the money back in the purse and gave it to me—I gave it up to Sergeant Dillon at 9 o'clock.
EDWARD DILLON (Police Sergeant K 19). I received a purse from Sergeant Austin when I took charge of the police-station after him—I produce the purse and the shilling found in it—Smith came to me and said that the Magistrate had ordered the money to be given up, and he counted out 7s. 3d. to the wife, and she signed the book as a receipt—Smith then said, "I should like to count the money in the purse"—he took it up and turned the money out—he took this shilling, handed it to me, and I bent it with my teeth.
Cross-examined. Q. Did you give the money up? A. No—Smith gave it out of his own pocket—we always give up a corresponding amount, not the identical amount—I had not examined the money at all before—I suppose Sergeant Austin did—when Smith gave the money to Race's wife he wanted to see whether there was the same amount in the purse.
GEORGE SMITH . I was at the station when Whiffen searched Race—I Saw him take the purse from him, containing 7s. 3 1/4 d.—on the following morning I went to the station and saw Dillon there, and also the purse—I emptied the money on the table and looked it over—I picked up a shilling and handed it to Dillon—he put it to his teeth and bent it—I had previously received an order to give up the money to Mrs. Race—I gave her a corresponding sum—I afterwards got a shilling back from her.
Cross-examined. Q. Had you seen the money on 20th July? A. I saw it on the desk—Austin put it in the purse again and placed it at the back of the desk—I saw it again next morning about 12 o'clock—Sergeant Dillon was acting inspector—no one had access to the desk.
Johnson's Defence. I firmly to believed it to be a good shilling. I had no doubt about it.
GUILTY *— Two Years' Imprisonment each.
OLD COURT.—Tuesday, August 17th, 1869.
Before Mr. Recorder.
717. HENRY SCRIVENER (29) , PLEADED GUILTY to feloniously forging and uttering an endorsement to a bill of exchange for 68l. 11s. 1d., with intent to defined. The prisoner received a good character— Six Years' Penal Servitude.
GEORGE ADAMS also PLEADED GUILTY to hiving been before convicted, in September, 1868*— Eighteen Months' Imprisonment ROBERT ADAMS*— Twelve Months'
Imprisonment. [Pleaded guilty: See original trial image.]
JOSEPH KING . I produce the certificate—(This was dated 8th February, 1869, and staled that a person of the name of William Carter was convicted at Clerkenwell, and sentenced to Three Months' Imprisonment in the House of Correction)—I was present—the prisoner is the man—he was under my care for the three months—
GUILTY— Seven Years' Penal Servitude.
NEW COURT.—Tuesday, August 17th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution.
WILLIAM ANDERSON . I am barman at the Ship, High Street, Stepney—on 27th July, about 8.30, the prisoner came in with another person, and called for a pint of half-and-half, which came to twopence—he gave me a sixpence; I bent it with my teeth, told him it was bad, and gave it to him back—the chap with him paid for the beer, and they left.
Prisoner. I swear I never gave you a sixpence that day; the party I was with gave it to you. Witness. I am sure you are the person.
SAMUEL SHOULEY . I live at the Black Horse, Stepney, and manage the business for my father—on 27th July, about 7 p.m., the prisoner came in with another person for a pint of beer, and gave me a bad shilling—I told him it was bad, and asked him if he had any more—he said, "No"—I gate him in custody, with the shilling.
Prisoner. I did not know it was bad.
GUILTY .— Two Years' Imprisonment.
RILEY PLEADED GUILTY .— Two Years' Imprisonment. MESSRS. COLERIDGE and GRAIN conducted the Prosecution.
ELIZABETH GREEN . I keep the Half Way beer-shop, Finchley—on 23rd July, about 9.40, I served the prisoner with a pint of half-and-half, and some bread, and some saveloys—Riley gave me a good shilling, which I put in the till—there was no other money there—as they were leaving they asked for a pint of beer, and Riley gave me a bad shilling, which I put with the other—I did nut sec that it was bad at the time—they gave the beer away, and left—in about half an hour I went to the till—only those two shillings were there, and one of them was bad.
ISAAC GOODWIN . I keep the Anchor, at Whetstone—on 23rd July Mackle stood at the door, and Riley came in and called for a pint of half-and-half—I served him—he gave it to another man, not Mackle, and said, "Drink, old fellow"—he gave me a bad shilling—I said, "This is a bad one," and he gave me another, which was bad also—I said, "Have you not got a better?"—he was a little saucy, and the other ran away—I had the two bad shillings in my hand, and went after Riley, who chucked himself under the Bull water trough—I caught him, gave him to the ostler, and then ran and took Turnbull, and gave them both in charge—I was afterwards taken to a place where some coins were picked up—that was within a yard or two of where I took Mackle—after I came from the station, I picked up Mackle's cap, close to where the money was found—he threw himself on the ground, and kicked me on my knees.
Mackle. Q. How do you know we were in company? A. You ran away when Riley ran.
SAMUEL HOLT (Policeman S 93). I took the prisoner, and received these two coins from Mr. Goodwin; Sergeant Ellis marked them, and they have been in my possession ever since—I found on Mackle three sixpences, a four penny piece, a shilling's worth of coppers, all good, and two tobacco boxes Miss Green gave me this shilling, and Goodwin these two others.
JOHN ALLISON . I live at Whetstone—on 30th July I picked up a piece of black rag, by the side of a ditch—between the Bull and the Anchor—I opened it, and found some florins and shillings, some sealed up in a piece of newspaper, and some loose—I gave them all to Ellis, and showed Gordon the place where I picked them up.
Mackle's Defence. I overtook the man who asked me to have a glass of ale. I had never seen him before.
MACKLE— GUILTY — Two Years' Imprisonment.
MR. MONTAGU WILLIAMS conducted the Prosecution; and MR. METCALFE the Defence.
RUFUS WORKMAN . I am manager to William Henry Fourdrinier, of Sherborne Lane, wholesale stationer—the prisoner had been in his service more than twelve months—his duties were to collect orders for stationery—Mr. Izacki, of Edgware Road, a customer of ours, owed 28l.—this receipt for 12l. 17s. 6d., attached to this invoice of 8th July, for 15l., is the prisoner's writing—I remember his coming to the counting-house on 28th or 30th July, and Mr. Hunt asked him in my presence whether he had received 15l. from Izacki—he said that he had not, but that he had received 13l., and had paid it in—he was asked if he had received from Izacki 12l. 17s. 6d.—he said, "Yes;" and that he had it in his pocket, and he took out 12l. and ten or eleven shillings, and said, that when he had his salary he should have paid the remainder—he was given in custody.
Cross-examined. Q. Was it on the 30th you heard him spoken to?
A. Yes, in the afternoon; he had been in I should think an hour—Mr. Hunt is one of the firm—Sergeant Funnell was present in plain clothes, but the prisoner had not the advantage of being introduced to him, or of being told that he was a detective—when the prisoner put his hand in his pocket Mr. Hunt did not say he would not touch the money, but he did not touch it—I do not know whether the prisoner put it back into his pocket, or whether Sergeant Funnell put it back into the prisoner's pocket—I do not gee Mr. Hunt here—the prisoner did not say that he had given a receipt for the 15l., but that it was a mistake, as he had only received 13l.—I said before the Lord Mayor that his duties were to obtain order and receive money from the customers, and pay it to the cashier—I did not know that any exception was made in his case.
MR. M. WILLIAMS. Q. What did Mr. Hunt ask the prisoner? A. Whether he had received 15l. and 12l. 17s. 6d., and he said he had, and had got it in his pocket.
JAMES FRIEND . I am cashier to Messrs. Fourdrinier & Co.—the prisoner was in their employ in July—it was his duty to get orders from customers—I was not present when any orders were given to him in respect to receiving money—on 12th July he paid me 13l. as received from Mr. Izacki, and I made this entry of it at the time (produced)—he never accounted to me for the other sum, 12l. 17s. 6d.
Cross-examined. Q. This was paid to you on the 12th, and received on the 8th? A. Yes—he did not produce a book, and I am not aware whether he kept one—I have said, "The prisoner should account to me for all moneys he receives as soon as possible,"—he did not often receive money—nobody has told me not to say that to-day, but the question was not put to me—I did not see him at the warehouse on the 29th—I do not think there was one single statement at the Police Court that he ought not to receive money—I do not know whether 2l. 10s. was due to him that very day, or what his salary was.
CHARLES FUNNELL (City Detective Sergeant). I was called to the prosecutor's, and the prisoner was given into my custody for embezzling 2l., and 12l. 17s. 6d.—I searched him at the station, and found on him 12l. 0s. 11 1/2 d.—he said that he had not got quite all the money, but as soon as he got his salary he should have made it up.
Cross-examined. Q. You took him to the station, and found the money ou him? A. Yes—it is not true that I put it into his pocket; I saw it on the desk, as if he had turned it out of his pocket, and told him to put it in his pocket again—I was not present when he was first called in, and did not hear Mr. Hunt question him—the money laid on the desk when I went in, and what account he had given of it I do not know—the book was taken from him at the same time as the money. (This contained the following entry: "Charged as 15l. Izacki, 15l. on account"
WILLIAM IZACKI . I am a stationer, of 21l., Edgware Road—on 8th July the prisoner called on me, and I paid him 15l.—he signed this receipt (produced) in my presence—on the 28th I paid him the balance, 12l. 17s. 6d., uud he signed the other receipt in my presence.
Cross-examined. Q. Was there a question whether it was 13l. or 15l.? A. My late partner, who had charge of the books, put it at 13l.—the prisoner said that he believed it was more, and asked where the statement was—I cannot recollect whether I paid him 13l. or 15l. on account.
COURT. Q. Did you pay by cheque? A. No—I have looked at my
books, and find that I have entered that I paid 15l.—I paid the prisoner this on account, and promised to pay him the balance when the statement was sent up, and I paid him the balance on 28th July.
CHARLES HENRY GIBBONS . I am clerk and collector to Fourdrinier & Co—on 30th July the prisoner told me not to call on Mr. Izacki, as he had promised to pay him; but I had then called, and found that the prisoner had received the money, and immediately communicated the fact to my employers.
Cross-examined. Q. Did he, before you said anything else, tell you that Mr. Izacki had paid him part on account? A. Yes, and that he promised to pay the balance next time he went up there—this was about an hoar before Funnell came—the prisoner had already paid in 13l. from Izacki—I put no questions to the prisoner.
NOT GUILTY .
OLD COURT.—Wednesday, August 18th, 1869.
Before Mr. Justice Smith.
GUILTY — Five Years' Penal Servitude.
NOT GUILTY .
NEW COURT.—Wednesday, August 18th, 1869.
Before Mr. Recorder.
GUILTY**— Twelve Months' imprisonment.
MR. MONTAGU WILLIAMS conducted the Prosecution; and MR. WARNER
SLEIGH the Defence.
THOMAS LANK . I am a porter, on the Midland Railway, at Kentish Town station—on 14th July, about 9 p.m., I was at the point where the North London line crosses the Midland—I was on the south side, and saw the prisoner on the north side—the 9.15 down train passed, and I saw the prisoner throw two stones at it—there were passengers in the train—I caught him with a stone in his hand, but in the scuffle the stone dropped on the line underneath—he begun to cry, and said that he had not thrown any—there was no one else near the place—it is not a thoroughfare, you have to cross a field.
Cross-examined. Q. Is there a cutting there? A. Yes, more than seven-teen foot deep—the field is above the level, and is about 200 yards wide—it belongs to the Midland Railway—no boys or girls were playing there at that time—I did not see the prisoner pick up the stones, but I saw two stones leave his hand—he was then about five yards from me, sitting on the
parapet of the bridge—he had not a pipe in his hand when I took him—it was not dark, but the shades of evening were coming on—I heard some stones thrown before the train came up.
NOT GUILTY .
MR. MONTAGU WILLIAMS conducted the Prosecution; and MR. BESLEY the
WILLIAM BRYANT . I am a cabinet maker—the prisoner was in my employ—on 10th June I gave him in custody upon another matter, and saw two pawn tickets found upon him relating to two planes of mine—I had not given him authority to pawn them—he used them, but there were others which he could have used—I had not missed them—these are them (produced).
Cross-examined. Q. How do you know them? A. From general observation—he did not say that one was his own—I had three other men, and found all of them except one in tools—I charge them Q. a week for the use of the took, because I lost so many—I have found out two oases where they have pawned tools and redeemed them again, but I new allowed it—one case went to Worship Street—I continued those persons in my employment, and so I did the prisoner—he had pawned tools once before, and I was going to lock him up, but his mother gave me the money to redeem them.
WILLIAM PURKISS . I am assistant to Benjamin Swinfen, a pawnbroker, of 30, Kingsland Road—I produce a plane pledged on 7th May for If., in the name of Cooper, and another for 9d. on the 25th, by a man, I do not know who.
WILLIAM BROWN (Policeman H 82). I took the prisoner and found on him these two duplicates of the planes—Mr. Bryant said, "Are these my planes, Jim?"—the prisoner said, "Yes, one of them is"—Mr. Bryant said, "You have been robbing me again"—the prisoner said, "I am not the only man who is doing it"—I was at the Police Court when the prisoner was committed for trial, and heard him say, "I plead guilty to stealing the planes but not to setting fire to the building" (seep. 296).
Cross-examined. Q. Did he not say that he intended to redeem them? A. I did not hear him.
GUILTY — Five Months' Imprisonment.
MR. BESLEY conducted the Protection; and MR. RIBTON the Defences
JOHN NANCY . I was in business last year at 30, Hatton Garden, as a French importer and commission agent—in November, 1868, I engaged the prisoner as my traveller, at 1l. per week and 2 1/2 per cent commission on the orders he obtained—ho sent in large orders in January, February, and in March, upon which I sent out goods—I had an acceptance falling due on 15th or 18th March, of Messrs. Ay re and Half—the prisoner told me it could not be met, and I was obliged to send the amount myself—the prisoner said, "I have some friends who will oblige me with their signature and a few days afterwards I wrote to him and said that I would make use of them—no name was mentioned—I received from him two
pieces of paper, which I' signed, but they were so badly drawn that I cancelled them and returned them to the prisoner—I afterwards received these two bills of exchange (produced), they are in my writing; they came to me accepted by John Strood and A. Richardson—I had sent them down to him because the others were badly drawn—I had such a customer as Mr. Richardson, of "The Mount, Northampton"—the amount of his account was 3l. 7s. 3d.—I discounted Richardson's bill with Mr. White—I saw the prisoner before I discounted it, and had a conversation with him as to whether Mr. Richardson was likely to buy more goods—I said to the prisoner that as there was a little account between me and Mr. Richardson we might settle it—he said, "It is no use going, Mr. Richardson is in London, and had supper with me at my house last night"—he further said that we might take the little account as balance; in fact, to make him a present of the amount—I was not aware that Richardson had paid the money—I first knew that there was a doubt about Richardson's bill when I had a visit from Mr. Tenpenny—on the Monday after 6th May I had not seen Mr. Richardson up to that time—when the bills were due I communicated with Mr. Watts.
Cross-examined. Q. Is the body of the bill in your writing? A. Yes, and the address—I copied the other bill, which I cancelled and returned—this, "Boot and shoe-maker," is my writing, but it is written with a different pen, though at the same time—when I write small, of course I must have a small-nibbed pen—I did not keep the envelope in which this was sent, but I believe it to have been in the prisoner's writing, being sent by him—it came from the town in which I thought he was—I unfortunately know Payne, of Northampton—I do not know whether it was in his writing—the prisoner has not got a farthing of it; I got 49l. 8s., minus the discount.
MR. BESLEY. Q. Did you have a conversation with him at any time after you had seen Mr. Corbett? A. I asked him if he saw Richardson sign the bills which came in that envelope—he said, "No, because I sent my brother-in-law to get it accepted.
ABRAHAM CORBETT . I carry on business at 114, (Goldsmith's Row, Hackney Road—I know Philip Payne well; but I do not know what he is—I have seen him in the prisoner's company, and his brother, Joseph Payne, at the Anchor public-house, Goldsmith's Row—Joseph Payne had apparently accepted the bills for Chapman, and felt anxious to get them back—Chapman said that it would not matter, and produced two letters, and said that Payne was perfectly safe, because he was holding these letters, which he drew from his pocket book—he was all right because he had got these written documents from Mr. Nancy—they were handed to me to read—I read them, and should know them again, one in particular—I left them partly at loggerheads, which I presume they have been ever since—I had two other interviews with them; but that was the last—I have been present at perhaps fifty conversations between Payne and Chapman, because I lived next door; but only at three when the bills were referred to—there was only one meeting where they each met together and the bills were mentioned, and that was the one I have mentioned—Mr. Tenpenny was there—the subject of the conversation was that Joseph Payne accepted the bills for Chapman, and felt uneasy, and wanted them back again because they were forgeries—forgery was mentioned, and Chapman produced the letters, and said that he had got them all in the palm of his hand—I had been to Nancy with Mr. Tenpenny, a fortnight before—Chapman sent me
there—he wanted to know whether Chapman was going to prosecute hint—I afterwards saw Chapman; he lived a quarter of a mile off—I wished Chapman at once to go and see Nancy, who I believed would not interfere with him.
ANDREW JOHN TENPENNY . I live at 15, Oldham's Gardens—in April last I repeatedly called on the prisoner—early in May he requested me to call on Nancy & Co., with Corbett, as to some complaint Mr. Nancy had against him—I understood from the prisoner, at Northampton, that there had been a quarrel between them—after we came away we saw the prisoner, and told him that the prosecutor had said that if he came forward, and assisted him in the accounts, he would not proceed to prosecution—on the evening of that day I went to the prisoner, at his request, and found the two Paynes, the prisoner, and Mr. Corbett in a room; and after some disputes between them, the question of the bilk of exchange came up, and the prisoner said that he did not care about Nancy, he had him sufficiently in his power—referring to some bills of exchange which he had furnished to him—shortly after that the younger Payne came to me, and took me with him to the prisoner and the elder Payne, who said that he had accepted the two bills in the prisoner's parlour, at the prisoner's request, and that they were forwarded to the prosecutor—Chapman heard that—Paynes said that the persons had no residences; but I explained to him that it was equally a forgery—we had some more conversation, and I came away—I am not sure whether the names of the acceptors were mentioned—there were three or four bills—Northampton was mentioned—the bills were sent up by the prisoner because they were written so badly; they—were to be written in better style by Payne, who told me, in the prisoner's presence, that he had signed them—other bills were sent for Payne to accept, which were accepted in the prisoner's parlour—I had other converstations with the prisoner, In my character of clerk to Mr. Hicks, which I consider were privileged communications, as an attorney.
NOT GUILTY .
MR. MONTAGU WILLIAMS conducted the Prosecution.
WILLIAM DAWSON . I am a railway porter at Haverstock Hill Station—on 13th July, at 4.59, I was at the Southampton Bridge and saw the prisoner there—I saw him fling a stone at the 4.40 train, and before I could get to him he took a second stone out of his pocket and flung it at the train, which was full—I took hold of him—he cried, and said, "It was not me, it was my brother, the other boy"—I took his name and address—I am quite sure it was his hand that threw the stones.
Prisoners Defence. I did not throw the stones; it was another boy. My little brother and another big boy, with curly hair, as big as me, were with me, and as soon as the man came and catched hold of me he ran away, and they took me.
GUILTY—Recommended to mercy by the Jury. — Three Years at Feltham Reformatory.
The prisoner, in the hearing of the, Jury, admitting his guilt, they found a verdict of
GUILTY — Five Years' Penal Servitude.
WILKINS PLEADED GUILTY — Four Months' Imprisonment.
MR. MOODY, for the Prosecution, offered no evidence against Cartwright.
NOT GUILTY .
MR. MOODY conducted the Prosecution.
MARY MOOR . I am housekeeper to Mrs. St. John, of 3, Houghton Place, St. Pancras—on the night before the burglary I was the last person up—I saw the house all fastened up about 11 o'clock—there was no fastening to the back-kitchen window, but the shutters were shut, and there was a bar across—I was knocked up about 4 o'clock, and found the back-kitchen wide open, and the ventilator broken—I missed three pairs of boots, and a jacket of mine, and a mustard-pot and a pepper-caster.
GEORGE BAKER (Policeman S 151.) On the night of 13th August I was on duty near Houghton Place, St. Pancras, and heard a rattle springing at the top window—I got over the back-wall, went to the back of the house, and found the back-kitchen window undone—I stopped there till the sergeant came to the back from the front door—he searched the home while I stopped outside, but he found no one—I got on the wall, and, while he had gone for assistance, I saw the prisoner concealed under the chimney of 219, Seymour Street, about twenty-two yards off, level with the back of No. 3; the houses are back to back—I followed him—he picked up a slate to knock me down with—I stopped to get out my truncheon, and he escaped to Ampthill Square, where he was apprehended.
THOMAS SERGEANT (Policeman S 325.) On 14th August, about 4 a.m., I was in Houghton Place, heard a rattle, went to the front of the house, and was let in by a female—I searched the house, and found the kitchen in great confusion, and en the window-sill found three pairs of boots, and a black cloth jacket—on searching the grounds, I found a mustard-pot and a pepper-caster—a muffineer was missing, which has been found.
JAMES SMITH (Policeman S 150). I was on duty in Ampthill Square, at a few minutes before 4 o'clock; heard a rattle spring, and went to Houghton Place and saw the prisoner getting over the gate of No. 6, a door or two from Mr. St. John's—I asked him what he was doing, he said that he heard a row, and got over the wall to see what was the matter—I took him in custody.
Prisoner's Defence. I heard a great disturbance, and jumped over the wall to see what was the matter—some person halloaed out, that is one of them, and I thought it boat to get away as fast as I could, but was taken.
GUILTY .— Nine Months' Imprisonment.
There was another indictment against the prisoner.
MR. STRAIGHT conducted the Prosecution.
am a boarding master for sailors—the prisoner boarded with me one week, be came about 12th July—on the afternoon of 21st July, be came and said to my mistress, in my presence, "I am shipped"—and he said to me, "Master, will you cash an advance note?"—I said, "Yes; I always do it for my sailors who live along with me"—he produced this advance note—I said, "Where do you ship for?"—he said, "China"—I said, "What is the reason the captain gave you two months' advance?"—he said, "He is an old friend of mine"—I said, "It is a curious thing he should give you 4l. 15s. instead of 5l.; who wrote it"—he said, "My shipmate wrote it"—I laid, "You ought to get it from the office, where is your ship lying)"—he said, "In the London Dock, Lower Quay"—I said, "There is something strange about these figures, I do not think it is right, who altered these figures?"—he said, "My shipmate"—he mentioned his name, but I do not remember it—I gave him in custody (Note Read: "Seven days after the ship Lord Dalhourie leaves Gravesend, pay to the order of Francis Valentine 4l. 15s., being two months' wages according to agreement")
JOHN CLAMPITT . I am clerk to Price and Pearce, of Union Road, Borough—on 21st July I delivered this advance note to the prisoner, it was then for 1l. 5s., which has been altered into 4l. 15s., and "half-month" has been scratched out and altered into "two months"—it bears the master's signature.
JAMES FLOYD (Policeman H 199). I took the prisoner and asked him where he got the note, he said it was given to him by hit captain—I asked him who mode it out, he said his shipmate, Thomas, and that the ship was bound for China and was lying in the North Quay, London Docks—I took him to the station, made inquiries, and found that the ship was not lying in the London Docks but the Mersey Docks, and that she was not bound for China but for the north—the prisoner said, "Do not take me; let me tear the note up"—and the boarding master said, "What do you want to tear up a good note for 1"—I inquired for Thomas, but could not find him.
Prisoner. I did not say Thomas, I said John Brown.
Prisoner's Defence. When I gave him the note it was still for 1l. 5s. he came back afterwards and said that I had falsified it.
GUILTY .— Nine Months' Imprisonment.
MR. LANGFORD conducted the Prosecution,
JOHN BELL . I keep the Britannia beer-shop, Dorset Street, Spitalfields—on 30th July, about 11 o'clock, the prisoner and his wife came in—she was very drunk, and used bad language—I ordered her out—she said "You b—, I will not go"—I said, "If you will not go, I must turn you out"—I opened the door with one hand, and she went out—the prisoner got up and said, "You b—, that is my wife"—I said, "I cannot help it if it is;" and he struck me with the wood of this sword-stick (produced) on the arm—he was then just outside—I pushed the door to—my mistress said something; I turned round to speak to her, and the door was pushed open, and I was struck on the head with this sword—the blood ran down, and I saw the glitter of the steel—he went away, and I afterwards saw him in custody—I have suffered very much since, and sometimes I turn quite giddy—I have not seen the surgeon here—I lost a good deal of blood I had never seen the prisoner before.
CATHERINE BELL . I am the wife of the last witness—on the night of the 30th, I was sitting in my bar-parlour, and heard the prisoner's wife making a great noise—my husband said that if she would not leave off he would send her out—she kept on, and he jumped across the bar to put her out—she walked out, but would not go off the door-step—my husband put his arm on her shoulder, to get her out, and the prisoner said, "That is my wife"—my husband said, "I do not know whose wife she is;" and the prisoner struck him with a stick—I spoke to my husband; the door was pushed, and I saw the glitter of steel, and the prisoner flourished it, saying, "Come on, you b—, there is one, and you will have the next one in your guts; I have came for revenge, and I will have it"—I had never seen him before, but his wife had been there that day, and was very abusive.
THOMAS PINKNEY . On 30th July, about 10.30, I went to this public-house with a young man, and the landlord was talking to the prisoner and a woman, who talked so loud and fast that I could not hear what the prisoner said—the landlord got over the bar, and attempted to turn the woman out—I went and stood outside, and saw the prisoner with a sword, and he left foot against the door, delivering a blow.
FREDERICK SHERROLD (Policeman H 157). I was on duty in Union Street, Spitalfields, and saw the prisoner run to a public-house at the corner of Paternoster Row, Spitalfields—I charged him with striking Mr. Bell with a sword—he said, "I was not going to be put out of the house for nothing, and I had the stick for that purpose, and I meant to give it to the b—."
Prisoner. Q. Do you swear that? A. Yes.
The prisoner called:
CAROLINE FRITZ . I am a washerwoman—I was in this public-house; I went in after the prisoner—there was a row in the house, find the publican came out and struck the prisoner, who had a stick in his hand—the publican took it out of his hand, and the prisoner, having to take his own part, hit back again—it was after 10 o'clock, and the publican threw the stick after the prisoner, who did not pick it up—he had not anything in his hand to strike with; he only hit the publican with his fist—there was no potman there.
COURT to F. SHERROLD. Q. In what state was the publican when you got there? A. He was brought to the station before I saw him, he Was quite sober—his head was covered with blood—the wound must have been inflicted with a sharp instrument.
GUILTY of unlawfully wounding. — Nine Months' imprisonment.
MR. WOOD conducted the Prosecution; and MR. MOODY the Defence.
GEORGE GREGG (City Policeman 323). On Saturday, 10th July, about 11.30, I was on Holborn Hill, and saw the prisoner in front of Mr. Scarfs shop, he turned away with two jackets in his left hand doubling them up—I was on the opposite side of the street—he came half-way across the road, noticed me, and began to run—I ran after him, he dropped the jackets in front of me, and went into a house—I followed him, and told him he must come with me to the station—he said, "What for?"—I said, "You know what for"—I took him to the station—he denied the charge.
Cross-examined. Q. Were nearly all the shops shut? A. Yes, it was nearly 11.30 at night.
JAMES WADESON . I am foreman to Thomas Scarf; of Holborn Hill—these jackets are his property, I know them by my own prorate mark—I saw them safe close upon 11.30 this Saturday night, and missed them just before the policeman brought them in.
Cross-examined. Q. Were they out of reach? A. Yes, he must have got on the steps to get them—the person who watches outside had gone to dose the other shop.
GUILTY .—He was further charged with having been before convicted, at Bow Street, in March, 1868, to which he
He received an excellent character from hit but employer. Three Months' Imprisonment.
BRYAN PLEADED GUILTY .— Nine Months' Imprisonment.
MR. HUNT conducted the Prosecution.
LEWIS TAPER (through an Interpreter). I live at 3, Goulston Street, Whitechapel—on 22nd July I went to bed about 11 p.m. and looked my door—I awoke in the morning about 6.30, and found the door open—I afterwards missed four coats—this (produced) is one of them, it is worth 1l.
Wilson. Q. Was anything broken? A. One door was broken open.
EDWARD REARDON . I live at 3, King Court, Minories, and am a labourer—on 27th July, about 3.30 a.m., I went up Commercial Street, and there was a fight with the keeper of the lodging-house where the prisoners lived—one of them asked me to tell his wife lie was looked up, and about 4.30 I saw the prisoners come in—Bryan had gone oat in his shirt-sleeves, he came in with a new coat on—Wilson said, "Come up and lay down in bed for half an hour"—he also had a coat, with bin, and I saw Bryan sell a coat for 10s.
Wilson. Q. What was the first time you saw me? A. 4.30—I was out all night—I saw you come into the kitchen between 4.30 and 5.0 with a coat like a monkey-jacket—I did not go and have any beer with you, but Bryan gave me a cup of coffee—you got away from the constable and ran down stairs, and I ran after you—you tried to get wader the bed, and said that you wanted to get your boots.
JOHN BURROUGHS (Policeman H R 40). I took Wilson on the morning of 27th July, at 1, George Street—I found a coat in his room, and asked him how he came by it—he said that he did not know—I also found a concertina, two gowns, and a table cloth—Reardon was in the room.
Wilson. Q. What time was it when you came? A. 9.30—you tried to escape under the bed; you could get that way into another room—I found the coat on the side of the bed—there was not room enough for a basket to be pushed underneath; but it could be chucked over the bed into the other room—you had been lying on the bed with your clothes on—when I took the coat off the bed you did not say, "That is my own."
Wilson Defence. He says he saw me come in with a coat like a monkey jacket; but he can't say what coat it was. He said he sold it for a half-sovereign. I might have this coat on my arm, coming from market, and he might only have seen the colour.
COURT to E. REARDON. Q. When the prisoner came in what had he on?
A. The coat he has on now; he also brought a monkey jacket—he was not in his shirt sleeves, it was Bryan who was in his shirt sleeves—I was lying on a form.
WILSON— GUILTY .**— Seven Years' Paul Servitude
MR. DALY conducted the Prosecution.
CHARLES IVEMY . I am a painter, of 62, Aldenham Street—on 18th July, at 1 o'clock in the morning, I was walking along Judd Street—the prisoner accosted me, and Weedon laid hold of my arm, and wanted me to go home with them—Harris held hack, and all at once I received a blow from behind, and was felled to the ground—my face fell against a shop-front and I was covered with blood—I saw nobody but the two prisoners—Weedon put her hand in my trowsers pocket, and drew out all the money I had, 17s. 6d., among which was a half-sovereign—I do not know what became of Harris, I was so stunned—I was sober—I have no doubt they are the women—I never let go of Weedon till I gave her in custody, and I saw Harris at the station the same night.
JAMES JONES (Policeman E 116). On 18th July, between 1 and 2 in the morning, I was in Judd Street, in plain clothes, and saw Ivemy and Weedon struggling on the ground, and Harris standing at the side, with a child in her arms, which she placed in Weedon's arms—I pushed Harris back, and asked Ivemy what he had lost—he said, "This woman has robbed me of my money "(Weedon)—I took her to the station, and then went outside, saw Harris there, and took her—Harris said that her mother had given her it to buy some things of Weedon—Ivemy appeared stunned, and his face was covered with blood.
COURT. Q. What was the expression you heard Harris use; you say that she had the child? A. Yes—she said, "Give it to me"—that was why I pushed her back—I was not able to see whether anything was given to her, because of the child.
MARY HUGHES . I am female searcher at Hunter Street Station—I searched the prisoner, and found two half-crowns in Weedon's stocking, and 4s. 2d. in her jacket, and sixpence on Harris, but no half-sovereign.
Weedon's statement before the Magistrate was that that prosecutor was drunk; and knocked against them.
EMMA HARRIS . I am Harris's mother—on the night she was taken, I gave her two half-crowns and a florin, and told her to put it in her pocket because she had a baby—she said that she had no pocket—she was going to buy some things of Weedon.
Harriett Defence. I was going home, and the prosecutor and a female turned the corner and pushed against my baby's head—I heard a noise, looked round, and saw Weedon and the prosecutor on the ground. I went up and said, "Weedon, what is the matter; have you got the money safe? if so, give it to me;" and the prosecutor said that I was the person who struck him on the back of the neck. At Bow Street, he said that it might be a half-sovereign and a florin, he did not know, but he could swear to the half-sovereign, because it had a flaw in it.
CHARLES IVENY (re-examined). I had no woman with me—I had left a friend at the Angel, Islington, at 12.15, and then went to meet my brother, who works at Tavistock Place—I had been to a bean feast, that is a dinner—we did not work that day—I had hardly drank anything—there was no drink given, only a pint of beer each man—I paid for some besides that, but I did not get drunk—I had about five glasses of beer, but no spirits—it was not very strong drink, and I dined at 1 o'clock in the day—I told the Magistrate I had lost a half-sovereign, I do not recollect telling the policeman so.
Harris. I changed the florin my mother gave me.
WEEDON— GUILTY .**— Twelve Months' Imprisonment.
HARRIS— GUILTY .— Six Months' Imprisonment.
THIRD COURT.—Wednesday, August 18th, 1869.
Before Robert Malcolm Kerb, Esq.
MR. BESLEY conducted the Prosecution; and MR. COLE the Defence.
JAMES BRANNAN . I was formerly an inspector of police, and am now employed by the Treasury in seeking for offenders against the coin laws—on 30th June, I was in Judd Street with Inspector Brannan and other officers—I was concealed so that I had a view of the Skinner's Arms public-house—I gave instructions to Miller 148 G, and saw him seize the prisoner—they both fell down—another man, who got away, struck Miller a violent blow—the prisoner and Miller then got up and fell the second time—I rushed with Brannan across to the assistance of Miller and found the constable Windsor there—close to where the man lay on the ground I picked up a paper packet, containing ten counterfeit shillings, and I saw the man who got away, pick up a paper parcel, which broke—there were several parcels on the ground—the shillings had paper lapped between them, to make them keep their new appearance—the crowd picked up several of the other packets, and got away with them—Brannan handed me another packet containing ten more counterfeit shillings—at that time Miller called me by name, "Here, Mr. Brannan," and handed me another packet—the prisoner kicked me on the ankle very violently, and struck at me right and left—I said, "Kelly, if you strike me, I will strike you; you are a cowardly fellow, why do you kick?"—I warded off his blow, and struck him in the mouth with my hand—I was laid up two days from the kick on the ankle—there was a large crowd there—every time we stooped down to pick up a packet we were pushed from behind, and almost thrown on our heads—after a great deal of resistance we got the prisoner to the station—a packet containing ten counterfeit half-crowns was picked up forty-two yards from where the struggle took place—I measured the distance.
Cross-examined. Q. How long have you been connected with the Mint? A. Thirty years—I struck the prisoner a violent blow in the mouth—I never use unnecessary violence—it bled freely—there were two policemen close by—they had not got hold of him at that time—Miller had him by the skirt of the coat—the prisoner struck me repeatedly—Miller seized him from behind—I ran across the road to them—the brown paper packet was
broken and scattered about the place—I picked up one packet, and Brannan the other—the crowd picked up the others.
WILLIAM MILLER (Policeman G 148). On 30th June I was in plain clothes—I saw the prisoner standing at the corner of Hastings Street and Judd Street, with another man—I seized him round the waist—he said, "What are you doing?"—I said, "I am a police constable, and am going to take you into custody for possessing counterfeit coin"—he put his left hand in his coat pocket—I got hold of his hand—the other man then hit me on the side of the head—the prisoner withdrew his hand from his pocket, and threw a brown paper parcel in the road—it broke—I had hold of the parcel when the other man hit me—the prisoner then knocked me down—I got up, and saw the other man pick up a parcel—I picked up another packet, and was then knocked down the second time by the prisoner—Brannan came up, and I gave the parcel to him—I said, "Here is what he has thrown away"—the prisoner said, "It was not me"—he kicked two or three times very violently at Mr. Brannan—Brannan picked up another parcel in my presence—it was part of the brown paper parcel—the prisoner was very violent, and Brannan struck him a blow.
Cross-examined. Q. Do you know the Hunter Street Police Station? A. Yes—I never heard of the prisoner complaining that he had had his chain stolen—he was not smoking when I laid hold of him—I found a pipe in his pocket—I got excited when the other man hit me on the side of the head—I saw him pick a parcel up and run away with it.
JOSEPH WINDSOR (Policeman F 97). I was in Judd Street on this night, and saw Miller holding the prisoner round the waist—I saw the prisoner throw a packet away with his left hand—I saw Miller pick a packet up and hand it to Brannan.
JAMES BRANNAN (Police Inspector F). I saw Miller struggling with the prisoner—there were several packets in the road—I picked up one, and found it contained ten counterfeit shillings—there were several persons picking up packets—they ran away with them.
GUILTY — Five Years' Penal Servitude.
MR. METCALFE conducted the Prosecution; and MR. WARNER SLEIGH
GEORGE COOPER MARCHANT I live at 4, Sherborne Street, Islington, and, until Saturday, the 24th July, I was in the employ of Messrs. Pantin, wholesale drysaltery of Upper Thames Street—they have twine on the premises, but do not manufacture it—I was under-warehouseman, and had to pack parcels—I have been there about twenty years—I have known the prisoner about eighteen years—I have taken twine from my master's place; stolen it—I took some twine in June—it is done up in eight pound parcels, containing two dozen—after I took them I gave them to the errand boy to take to the Parcels' Delivery Office—I directed them to "Chas. Catherall, 8, George Road, Bunhill Row, St. Luke's"—on 27th May, I packed a parcel containing two dozen, directed to that place—I gave the parcel to the errand boy named Banting to take to the Parcels' Delivery Office—I also
packed a parcel containing two dozen on 17th June—I addressed that in the same way, and sent it by the same boy—on 23rd June I packed another parcel, containing twenty-four pounds; addressed it in the same way, and pave it to the same boy to take to the Parcels' Delivery Company—on the 1st July I did the same—I think I had a conversation with the prisoner before I sent the parcel on 17th June—he asked me to send things to him—he knew in whose service I was—Messrs. Pantin carried on business first iu Smithfield—the prisoner had been there—ho did not come to the present warehouse—he paid me for the twine—he paid me 10s. on the 17th and 23rd of Juue, for the twenty-four pounds—he paid me at the Coach and Horses, Graham's Buildings, Bunhill Row—that is about five minutes' walk from his place—he is a horsehair manufacturer—I met him at the Coach and Horses sometimes once a week, sometimes twice—just about the 1st July he said there was someone watching in the street, that he did not know whether they were watching him, but it would be best not to send anything else—that was shortly after I sent the last parcel, on 1st July—the next day, I believe—previous to that I sent parcels to him, sometimes once a month, sometimes once a fortnight—he has paid for those—on most occasions I met him at the Coach and Horses—I have been to his place of business—very seldom—I have not seen him there for a long time.
Cross-examined. Q. What was your salary at Messrs. Pautin's? A. 35s. a week—I have lived three years and a half at 4, Sherborne Street—I pay thirty pounds a year for the house—I let out three rooms at 6s. 6d. a weak—the prisoner and myself belonged to a Loan and Investment Society, which was held at the Coach and Horses—I was the secretary—I received 2d. a share for as many shares as there were is the society—I did not pay money into it on my own account, or take shares—I was not in the habit of going to music halls—I have not been for the last six months—I go occasionally—I have friends at my house occasionally at such a time as Christians—I was not continually having friends at my house—I have been selling twine to the prisoner for the last five years, and have been robbing my employer for five years—the prisoner persuaded me to do that fire or six years ago—Messrs. Pantin are supplied with twins, they do not make it—I am not in the habit of doing a little commission business on my own account—I never sold anything besides twice to the prisoner—I might occasionally have got him a brush or two at various intervals—they belonged to my employers—I have got brushes for other persons, and I have got the invoices for them here—they were charged to me in the usual way—I might have obliged various friends in that way, not above two or three—there were not a dozen—I may have obliged as many as that in the course of three or four years—they were not members of the Loan Society—I have not supplied anything else but brushes and twine out of my masters warehouse—I have six children—I said at the Police Court that I received on an average 2s. a week from the prisoner, but I corrected it afterwards to 4s. or 5s.—I charged him 5s. a dozen—they were worth about 12s.—the average price of the twine is from 8s. 6d. to 12s.—the prisoner used to buy horsehair from my employers—he used to go to the factory for it—that was four or five years ago—he told me about five years ago that he was hard up for some string for tying up his goods, and he asked me if I could get him some cheap—that was when we were at Smithfield—I recollect when he came for some bristles that I asked him to buy some old rope and gummy bags—he did buy them, and paid for them afterwards—they belonged to
the men in the warehouse—I told him we had some rope and gummy bags—he did not pay me for them, I think he paid one of the men—I seat this twine to the prisoner through the Parcels' Delivery Company—I did that in order that it might go out of the warehouse without suspicion—I have been to the prisoner's house on several occasions—I never called before the string was supplied—I will swear that—I did not go to his house five or six years ago and have a conversation, in the presence of his wife, about the twine—that I swear—I have seen his wife on several occasions—the prisoner told me there was a man loitering about, and he could not understand it—he said he did not like it, and under the circumstances I had better not send him any more string—when I was called before my masters and spoken to about this matter I did not deny that I had robbed them—the boys who took the parcels were examined in my presence before I was, and it was no use to say anything against it.
MR. METCALFE. Q. What did the prisoner say when the first conversation took place about the twine? A. He said that if I could get anything for him cheap he could dispose of it, and make it worth my while—I sent him the twine about a week after, I suppose, and continued doing so at intervals from that time to this—I did not send any invoices or take any receipts—no documents passed between us at all—when he bought things at the warehouse invoices were given to him.
CHARLES PANTIN . I am one of the prosecutors in this case, and am one of the firm of Panting & Co.—Marchant was in my employment for about twenty years as under-warehouseman—it was his duty to pack up parcels and send them out for delivery—I knew nothing of his sending twine to the prisoner; he had no authority to do so—I know nothing of the prisoner personally—I have seen him, and paid him money—we always give invoices for all transactions—they generally go by post afterwards—I received some information from the police, and questioned Marchant about it, and he made a statement to me.
Cross-examined. Q. Did you allow your employ's to have goods at wholesale prices, and sell them at a profit? A. No—never, on any occasion, to my knowledge—persons in my employment might have goods for their own use—I did not know that Marchant had brushes supplied to him at wholesale prices for the purpose of selling again—I have not found any entries of brushes supplied to him—I have not looked, nor have I been told of it—he has been in the employ eighteen years—I have known him fifteen years.
WILLIAM BANTING . I was in the service of Messrs. Pantin, until three weeks ago, employed under Marchant—I have taken parcels for him to the booking office of the Parcels' Delivery Company, in Thames Street; and also in Fish Street Hill—sometimes I went to one and sometimes to the other—I don't recollect the dates I took them—I took the last one about a month before I heard of Marchant having stolen the things—the parcels were addressed to Catherall, St. Luke's—I don't recollect the other part of the address—I took several parcels directed in that way—he always paid the carriage for them—it was generally eightpence, sometimes sixpence.
JAMES STEVKXS . I am porter to Messrs. Pantin—I have taken parcels out for Marchant to the Parcels' Delivery Office, Fish Street Hill—they were addressed to "Catherall, some Road, Bunhill Row, St. Luke's"—I took them about once a fortnight—he paid the carriage.
33, Fish Street Hill—I have received parcels addressed to "Catherall, Bunhill Row," for some years—the last was in July—I received one on 17th June, on the 10th June, 27th May, and 20th May—I received them some-times twice a week and sometimes once a fortnight—they weighed between twenty and thirty pounds—they would go to Roll's Buildings from my place.
LYDIA BUSHWELL . My father keeps the booking office of the Parcel's Delivery Company, at 192, Upper Thames Street—I attend to it sometimes—I received a parcel on 1st July, for Catherall, of Bunhill Row, and another on 23rd June—I have received others as well—they were forwarded to Roll's Buildings.
GEORGE BAKER . I am a clerk in the Parcels' Delivery Company's Office, Roll's Buildings, Fetter Lane—parcels from the offices at Fish Street Hill and Thames Street come there—they are booked on our sheets, and go out in the carts from our place—I make out the way bill—on 1st July I find a parcel to Catherall, and also on the 23rd and 17th June—besides those three there are a great many others.
JOSEPH HALL . I was in the service of the Parcels' Delivery Company—I delivered parcels to Catherall, George's Road, Bunhill Row, from Roll's Buildings, about every other week—the parcels weighed about twenty or thirty pounds—I don't exactly know that I saw the prisoner when I delivered them.
ROBERT HALL STIDDOLPH . I am driver of a van in the service of the Parcels' Delivery Company—I have delivered things from Roll's Buildings to Catherall—I have driven up to the corner, and sent the boy with them—I can't say exactly how long I have done so—I went there about every other week, or perhaps not so often.
WILLIAM HENRY OATS . I am a carman, in the service of the Parcels' Delivery Company—I have delivered parcels at Catherall's—I first began to take them two or three years ago—I was then shifted from that district—I was afterwards taken back to the same district again—sometimes I have seen the prisoner and sometimes another man—I have not been to the house for the last two years and a half myself—I have pulled up at the corner of the road.
RICHARD DAVIS . I am ft commission traveller, and live at 9, Crooked Billet Yard, Kingsland Road—I know the prisoner—some time ago I sold twine for him—about a twelvemonth ago—I sold a few pounds occasionally—about two dozen a month altogether—I paid him from 6s. 6d. to 8d. for it—I sold it at various places round the Curtain Road—I know the Coach and Horses in Graham's Buildings, Bunhill Row—I used to meet the prisoner there occasionally—I did not take his commission for the twine there, I took it at his own house—I have seen Marchant at the Coach and Horses—I never noticed him and the prisoner together—I was not a member of the club that was held there.
Cross-examined. Q. You paid him from 6s. 6d. to 8s. the dozen. A. Yes, the dozen pounds—the twine was new—it was in two pound parcels, generally—the parcels were numbered on the outside.
WILLIAM POTTS (City Policeman 497). In consequence of information I received I watched Marchant—on the 29th June I followed him to the Coach and Horses from the prosecutor's premises—he left the warehouse about 7 p.m.—I saw him join the prisoner—I waited there for some time, and they went into the bar parlour—I followed Marchant the next day and
on several other occasions—I have seen the prisoner in Bunhill Row, and have seen him and Marchant together frequently, six or seven times during the three weeks I have Urn watching them—on one occasion, in the bar of the Coach and Hones, I saw the prisoner put his hand in his pocket and pass to Marchant, as if there was something in it—I was too far away to see what it was—on the 9th July I was watching in Bunhill Row—the prisoner came to me and asked if I had got a job on there, and asked what I was waiting for—I said I was waiting for a friend—I had communicated with Messrs. Pantin before that—I afterwards went to the prisoner's house with Mr. William Patin—I said to him, "Catherall, do you know a man named Marchant?"—he said he knew him by being secretary to a club that he belonged to—I nuked him if he had seen him lately—he said, "No, it is some time ago since I saw him"—I then asked him if he had been in the habit of receiving parcels from Marchant by the Parcels' Delivery Company—he said, "No"—I said, "On 23rd June did you receive one," and then I asked him to account for one on the 1st July—he said at first he did not receive one, and afterwards he said, "Oh yes. I had one from the New Kent Road"—I then referred to the 23rd June and some other dates, and he said he had never received them—I said, "I know better than that, because I have seen you together frequently, and I have been to booking-offices which have delivered parcels to you"—he still said he had not received any—I did not take him into custody then, I took him on 29th July, the Monday following—he then said he was perfectly innocent of it, and never had the string of Marchant.
Cross-examined. Q. In fact he said he had never bought any twine from Marchant, from beginning to end? A. Yes—I saw the prisoner pull his hand out of his pocket and hand something to Marchant in the public-house—I did not see anything pass.
The prisoner received an excellent character.
GUILTY.—Strongly recommended to mercy by the Jury, on account of his character. — Ten Years' Penal Servitude.
OLD COURT.—Thursday, August 19th, 1869.
Before Lord Chief Baron Kelly.
744. BENJAMIN CHURCH (37) , Unlawfully obtaining, within three months of his bankruptcy, certain goods on credit, under the false colour and pretence of carrying on business and dealing in the ordinary course of trade; and SAMUEL CHARLES ALDWORTHY (31) , for unlawfully aiding and assisting in the same. Other Counts—For conspiracy to defraud.
The prisoners PLEADED GUILTY to the conspiracy.
CHURCH— Twelve Months' Imprisonment.
ALDWORTHY— Months' Imprisonment.
MESSRS. TAYLOR and INGRAM conducted the Prosecution; and MESSRS.
HARRIS and HUNT the Defence.
EDWARD THOMAS DAX . I am a clerk in the Rule Office of the Court of Exchequer—I produce at affidavit with a copy writ of summons—(The affidavit was that of the defendant in a suit of "Denyer v. Beale" It stated that he hid read an affidavit made by Edward Maxted, and that it was wholly
false; that he had never been served with a copy writ of summons; that on 5th October he left his house at 8.30 in the morning and did not refer till 4.15 the following morning, the 6th, in consequence of attending a patient who had met with a serious injury through being thrown from his chaise).
Cross-examined. Q. I believe you do not identify the defendant as the gentleman who swore that affidavit? A. No.
THOMAS KENNEDY . I am a solicitor, of 26, Chancery Lane, and am a London Commissioner of the Court of Exchequer for taking affidavits—I administered the oath to the prisoner on making this affidavit—here is my handwriting—I cannot recognize the defendant—the first jurat is struck out—that was so at the time I administered the oath—I put my initials to it to show that it was struck out when I took it—I can't say that this signature was affixed in my presence—sometimes they bring the affidavits already signed, but I always ask "Is that your name and handwriting", the usual form—I don't recollect who brought the affidavit, it was some attorney—I was asked to go to the lock-up in Bream's Buildings to ad-minister the oath—the affidavit purports to be made by John Samuel Beale, of 19, Porteus Road—it was signed "John S. Beale"—the person who made the affidavit admitted that to be his name and hand writing—I said, "Is that your name and handwriting, and the contents of this your affidavit true?" and he kissed the book.
WILLIAM DENYER . I am the prosecutor—the signature "John S. Beale" to this affidavit is the defendant's writing—I have seen him write scores of times—in October last I issued a writ of summons—I instituted the action, and carried it on in person without a solicitor, until Mr. Beale got out, and then I was obliged to employ an attorney—I have not an attorney now—I am not conducting this prosecution in person—I am conducting it now through an attorney, Mr. Olive, of Lincoln's Inn Fields—this (produced) is the writ I issued in the action against the defendant, it is dated 5th October—it was issued by me in person—I made a copy of it, and got my friend, Mr. Maxted, to serve it—this is it annexed to the affidavit—I gave it to Mr. Maxted on 5th October, the same day I issued it, about 8 o'clock in the evening—I went with Maxted to the defendant's house, 19, Porteus Road, Paddington—Maxted went inside and I stopped out—that was about 9 o'clock—I saw Maxted come back again in about forty minutes, as near as I can say—no appearance was entered to the writ, and I signed judgment in default—I can't say the day—(The judgment paper was produced, singed on 16th October, for 24l. 6s.)—After judgment was signed I was served with this judge's summons—(This was a summons to appear before Mr. Baron Bramwell, dated 31st December, 1868, to show cause why judgment should not be set aside on the ground that the defendant had not been personally served with any process)—My attorney attended before the Judge at Chambers, pursuant to that summons—I was there with Mr. Welchman, clerk to Mr. Olive—this affidavit was used on the hearing of the summons—the Judge made an order for payment.
Cross-examined. Q. I believe you are a cab-driver? A. Yes—I have seen the defendant write scores of times, when I have lent him money on I O Us, bills of exchange, and promissory notes—I lent him and a sergeant of the police 17l. 15s., in January, 1866 or 1867—I think my attorney has got all the I O Us, and letters, and notes that I have had from him—the transactions took place in his house and mine—my house it 4, Francis Street—I have been money lender to the defendant—my attorney has the
documents; he has not got them here—he has only been my attorney in this transaction—I have seen Mr. Olive—I saw him at Guildhall, when the case was tried before Baron Martin—I don't know where he is now; I have not seen him since the case was tried—I think that was in November; it was the latter end of last year—I don't know that he is dead—Mr. Welch-man has acted ever since—the defendant is a surgeon; I have known him many years—besides being a cab-driver, I keep a private lodging-house which I have done fifteen years.—Mr. Maxted has been a friend of mine for some time—he lives about two minutes' walk from me—when I got the writ, I went in the afternoon and could not see Dr. Beale, and I enclosed it in an envelope, and went to see if I could find Mr. Maxted—he lived at 31, Praed-Street, Paddington, then: he has moved now—he is a plumber—I went there on 5th October, the same day I issued the writ—I did not go in myself to see Dr. Beale, it was a business I did not care about—I have instructed Mr. Welchman to get up this prosecution—I don't know Mr. Olive's signature—I have not seen him at all in reference to this prosecution—I have been to his office in Whitefriars Street—I have generally seen Mr. Welchman; I have never asked for Mr. Olive—Mr. Welchman conducts his business—I first knew Mr. Welchman through a Mr. Peters, a contractor—he conducted a case for him, and he recommended me to go to him, to go to Mr. Olive's office; I went there, and there I saw Mr. Welchman—the only time I saw Mr. Olive was at Guildhall.
COURT. Q. When did you first take any steps in this prosecution for perjury? A. I can't tell the date, it would be about five weeks ago to-morrow; it was heard on a Friday, before Mr. Flowers, at Bow Street—Mr. Olive did not attend there, nor Mr. Welchman—Mr. Zincroft did; he is another clerk of Mr. Olive's—I had seen him before at the same office—I did not see the defendant at all on 5th October.
EDWARD FITCH MAXTED . I am a plumber—I live now at 43, Queen's Road, Bayswater—in October, 1868, I lived at 31, Pared-Street, Padding-ton—I have known Mr. Denyer some years—I remember his calling upon me in October, and asking me if I would go and do him a service—he produced an envelope, and took out a copy of a writ, and asked me to go to Dr. Beale's and present it to him—he said he had tried several times, and could not get in—I went to Dr. Beale's, in Porteus Road, No. 19, I believe it is; Mr. Denyer went with me—I knew Dr. Beale by sight; I have known him for years perfectly well—I knocked at an inner door, and a young man let me in—I asked for Dr. Beale, and he showed me into the waiting-room, and said, "Go into that room and take your turn with the rest of the patients"—I went in alone; Mr. Denyer remained outside, on the opposite side of the road—I sat down in the room and took my turn; the young man told me when it was my turn to go in—I waited, I suppose, half an hour, or something like that; I can't say exactly—there were other persons there; they went out one by one—I went into the surgery, and saw Dr. Beale—he asked what he could do for me—I said I was not a patient of his, I had brought a note from Mr. Denyer—I gave it him—he took the note and opened it; it contained the copy of the writ—I had seen it, and had it in my hands, and read it—I am positive the note I gave the defendant contained the copy of the writ; I had seen it put in by Mr. Denyer when he came to me—Dr. Beale opened the note, took it out, and held it up to the candle—this was somewhere about 9 o'clock in the even-ing; I can't tell to ten minutes; there were candles on the table—he said
"Oh, tell Mr. Denyer I am an old soldier to these affairs; I am used to this, I laugh at it," or, "snap my fingers at it," or something of that sort; "he ought not to have done this, he ought to have waited some little time, and I should have paid him"—I told him it was nothing to do with me, I merely brought the note from Mr. Denyer, at his request, and that was all I had to do with it; I did not want to know his affairs—he bad a long conversation with me about several things, which I did not take much notice of—I kept telling him it had nothing to do with me—I afterwards endorsed the service on the writ.
COURT. Q. That is your writing at the bottom, is it, "Edward Maxted?" A. I believe so; if it is the same I have seen before, it is—year, that is my writing; it was a copy of that I served on Dr. Beale.
Cross-examined. Q. Where were you when you were asked by Mr. Denyer to serve the writ? A. In my own house—I should think there were from eight to a dozen persons in the waiting-room; I don't recollect seeing any females—I went into the front room, where the patients were, and sat there some time; it seemed to me a very long time, it might be half an hour; they went out one after another, and I took my turn with the rest, being the last—I don't think I had anything to say to any of them—I believe it was a wax-candle in the surgery, I can't be positive; it was a candle, I know; it stood on the side, and it was about that height—I don't know whether there was any gas—the young man who let me in stood at the door—I don't know his name—it was not Norris, because I have seen him, and known him some little time; it was a much younger man than him—I don't know whether he is here—I should know him again if I saw him—I don't know whether he was a servant of Mr. Beale's; he admitted me, that is all I know—I never saw him before—I had not been to Dr. Beale's for two or three years before—I don't suppose he knows me, but I know him quite well—the first I heard of this afterwards, was when Mr. Denyer came to me one evening to go and swear an affidavit, I believe on Paddington Green—that was two or three weeks after I had served the writ, I think—I then swore that it was on the 5th I served it—I had very good reason for recollecting the day; I had a party of friends at home, and I was sitting enjoy-ing myself with them when Mr. Denyer fetched me out, and I did not get back till 10 o'clock nearly, and I got into a fine row at home about it—that is my reason for saying it was on the 5th, because I know I dated it on the 6th, next morning, at breakfast time; that was the day after—I recollect well that it was on a Monday when I had my friends, and I dated it next morning at breakfast time—if I wrote my name and put it on a writ, and I never did such a thing before, I should think I ought to recollect it—I don't think all the other persons had gone out when I went into the surgery to sec Dr. Beale; I think one or two were left in the room, I am not certain—I was passed from the waiting-room into the surgery—I was alone with Dr. Beale when I went into the surgery; the young man was in the passage—when I handed him the writ there was no one else in the surgery but myself—I did not pass through the waiting-room again, I was shown out of the passage.
COURT. Q. Just look at this, there are the words, "This writ was served by E. Maxted upon J. S. Beale, on Monday, 5th October, 1868," then there is the signature, "Edward Maxted;" but, between that and the date, there are the words endorsed, "October 6th, 1868;" is that also your writing? A. Yes—that is my writing—I must have written that at the
same time—I will swear it is my writing—looking at that I am quite positive that it was on the 5th October that I went and delivered it, and that I made that endorsement on the day it bears date, the 6th October, the next day.
RICHARD HILL . I know Mr. Denyer—I also know the defendant, and have done so about fourteen or fifteen years—I saw him on 5th October last, on the doorstep of his own house, a little after 5 o'clock in the afternoon—I was not more than three yards from him—I am quite sure it was him.
Cross-examined. Q. What are you? A. A traveller to Mr. Trotman, a ginger beer manufacturer—I go about with a cart to the customers—I remember this was the 5th October, because I had a holiday on that day—we were very busy last season, and on 5th October we were beginning to get slack, and Sunday was a very cold day; and on the 5th I did not go out with the goods—I was going to the Harrow Road—I left home about 4.30—I then lived at 44, Bolsover Street—I got out of the train at the Chapel Street Station, to walk across Paddington Green, and happened to pass Dr. Beale's house, in Porteus Street—it was not out of my way—I did not speak to him—I was spoken to about this prosecution about a week after-wards or a fortnight—I don't remember exactly—it was not a month—I met Mr. Denyer in Oxford Street—ho said he had taken a writ out for Dr. Beale and it had been served by him on the Monday, and I said, "On the Monday? I saw Dr. Beale on the Monday!"—that was not all the conversation there were passing remarks as well—we were talking about money affairs, and he said he was in a little embarrassment concerning this Dr. Beale—he said he had served a writ on him, and I said I saw him on the Monday that he said he served the writ—he said he had served it on the previous Monday—I really forget what day it was I saw Mr. Denyer—I am not sure whether it was in the same week as the 5th—it may have been the following week—Dr. Beale was on the door-step when I saw him—he seemed to me as if he had shown the lady that I saw him with out at the door—he went in again—I should think it was about 5.15, 5.20, or 5.30—I swear that between 5.15 and 5.30 I saw him on the door-step, at his own house—I can't be mistaken about that.
MR. TAILOR. Q. Are you quite sure about the day of your holiday? A. Yes—quite sure; I had no other holiday in October—this was the first holiday I had bad during the season, and I am quite sure it was the first Monday in October, the 5th—I make no mistake at all about the day.
JAMES RUTTER . I am a builder, in Latimer Road, Netting Hill—I have known Dr. Beale about six or eight months—on 5th October I went to Mr. Denyer's house; and after I had been there I went round to Dr. Beale's residence, in Porteus Road, about 6 o'clock in the evening, and saw him going out of his house—I am quite sure it was him—I did not speak to him—I had, on a previous occasion, seen him for Mr. Denyer, and I am quite sure about his being the person I saw.
Cross-examined. Q. He disputed his liability to pay Mr. Denyer the sum claimed of him, did he not? A. No—he promised to pay the bill in the course of a week or two—when I presented the bill it was due—I forget the date; it was some time before this transaction—I don't know whether it was after 5th October that I was spoken to about this matter—it might be a months, six months, or twelve months—it may have been a month, or it may not, or it may have been six months—really don't
recollect what date it was Mr. Denyer spoke to me about it; he told me he wanted me—I was required to make an affidavit, or something, against Mr. Beale, about my seeing him in the evening—I don't know that he said what day—I knew the day—he called and asked me if I remembered seeing Dr. Beale on that day—he knew I had seen him on that day, because I had seen him afterwards and told him so—that was some little time after-wards—perhaps a week, or two or three days—I often see him—when he asked me if I remembered the matter, he told me he wanted me to go with him to swear an affidavit that I had seen Dr. Beale on 5th October—that was what it amounted to.
MR. TAYLOR. Q. When was this conversation; do you mean that it was two or three days after the 5th October? A. Perhaps so—I don't recollect the date—I had soon Mr. Denyer several times before that; that was not the first conversation we had about it—I saw him on the morning of the 5th October, and I promised to see him again in the evening, to go and serve Dr. Beale with the writ, but I saw the Doctor go out, and I had not the writ in my possession then; I went round to look for Mr. Denyer, and he went to look for me, and when I saw Dr. Beale go out I went home—a day or two after I met Mr. Denyer and told him I had seen Dr. Beale go out, and I did not trouble myself about it any longer, and he said he had got Mr. Maxted to do it—it was on some subsequent occasion that he asked me to make an affidavit—I am quite sure this was on the 5th October—my attention was called to that day, because that very morning there had been some conversation with Mr. Denyer—I am quite sure it was the defendant that I saw go out of the house.
The following witnesses were called for the defence.
WILLIAM NORRIS . I am an auctioneer's porter, and live at 89, Seymour Place—I have known the defendant for some long time—I recollect the 5th October, I was in charge of his house that day; I was there from about 8 in the morning until the following morning, and did not leave the house at all—during that time the boy was in the house and the defendant's sister-in-law a young lady—her Christian name is Clara—the defendant was out the whole of that day—whether he might have come in and gone out again while I was in the back yard I cannot say—I saw him about 8 a.m., he had his hat in his hand and was going out to a lady—I saw him go out—I did not see him again till about 4 o'clock the following morning, when I let him in.
Cross-examined. Q. I understood you to bay he might have come in without your seeing him? A. I did—I remained in the house till the following morning—I went out about 4 o'clock and went home, and then came back again—I was examined at the Police Court—I did not say there that I took care of the defendant's house on the morning of 5th October till 8 in the evening; that is wrong—I said he might have come in without my seeing him—there was a great many patients coming in and going away; because he was not there—I told them he was not in, would they take a seat, I expected he might be in shortly—I did not see him come in, if he had I must have seen him.
COURT. Q. Can you swear he could not have come in without your seeing him? A. No—the patients wait in the front parlour; sometimes I was in that room, sometimes down in the kitchen, and sometimes up in the drawing room—I was in that room about 9 o'clock, I patted by it several
times and answered patients at the door—there were two or three patients in the room at the time; there might be more.
JURY. Q. Did you answer the door on every occasion? A. Yes, mostly—I don't answer the door to everyone—I answered a great many—I can't say that I answered all—the doctor was not in the habit of coming in with key—he had not a key to let himself in.
MARY DURHAM . I live at 17, Albion Mews, Albion Street, Hyde Park—that is quite a mile from Dr. Beale's—on the morning of 5th October last I had occasion to go to Dr. Beale's—I had previously engaged him to attend my daughter in her confinement—she lives at 7, Phoenix Place, Addison Road, Notting Hill—that is two or three miles from the doctor's—they charged a half-crown fare for the cab—I was at the doctor's before 7 o'clock on the morning of the 5th—I waited some time, a gentleman saw me and said he would see me as soon as possible—some time elapsed after the doctor came down, and then it was some time before we could get a cab—it was nearly 8 o'clock when we left—he went with me in the cab to my daughter's house—I remained there the whole of the day—the doctor did not leave during the day—he attended to my daughter—she was confined about 5.15—he was there then—I could not say how long he stayed after that—some time elapsed, and he had tea before he left—I should say he remained half an hour or more afterwards.
EDWARD AMBLER . I am the editor of the Paddington Times—on 5th October, between 4 and 5 in the afternoon, I called at the defendant's—he was not at home—I left word that my daughter was ill and wanted to see him, and he called about 7 o'clock—I went home about 8 o'clock and found him there—I went out again, leaving him there; and when I returned, after 9 o'clock, he was gone—I live about half a mile from him.
JOSEPH NORTON . I am under articles to Mr. Ablett, the solicitor who is defending Dr. Beale—on 5th October I saw the defendant, about 8.40 in the evening, at my house, 65, Cambridge Terrace, Hyde Park—he remained at my house till 4 o'clock the following morning—I had been thrown from my chaise the previous evening—the doctor attended me then, and he promised to call round early the next morning, but he did not do so, he called in the evening—I know Mr. Wortley—I sent my coachman for him to come as a witness for the defence—he resides at 10, Netley-Street, Harrow Road—I believe he is in the employ of the Great Western Railway Company—he has not come yet.
Cross-examined. Q. You say it was 8.40 o'clock that the defendant came? A. Yes—I got very fidgetty in consequence of his not keeping his promise to be with me at 9 in the morning—he had attended me previously—I had met with what might have been a serious accident—I lost my teeth I was in pain for several days, and Dr. Beale was afraid of erysipelas setting in—I was suffering pain on 5th October, but I knew what I was doing—I felt annoyed at Dr. Beale not coming as he had promised—I sent round for him in the evening—I know it was 8.40 when he came in, because I had told my wife if he was not there by 9 o'clock to send for Dr. Kirby—it was then exactly 8.30—I had my watch under my pillow, and I looked at it when he arrived.
COURT. Q. How far is your house from Dr. Beale's? A. It depends upon which way you go—the quickest way would be, I should say, half a mile, and the other three-quarters—I heard a cab or some vehicle pull up at the time he came, and that probably was the vehicle he came in.
Cross-examined. Q. Was Mr. Ablett the attorney in the civil action? A. Yes, in which Dr. Beale was the defendant, and I believe the attorney for the prosecution is dead, from inquiries I have made—I have been informed so by some of his clerks.
EDWARD MORRIS . I am a painter, lodging at William Street, St. John's Wood—on 3rd of October I had an accident, I went to Dr. Beale with my knee injured; on Saturday night, the 3rd, I went to his house and saw him, he gave me medicine, and a lotion for my knee—I went again on the 5th about 8.30 in the evening; he was not at home, a female answered the door; I did not see him—I remained till 9.30—he did not come in, and I left without seeing him.
Cross-examined. Q. What day was this? A. Monday, 5th October—I know the day, because I had met with the accident on Saturday night, the 3rd, and (they say open confession is good for the soul) I had a quarrel with my intended, and I have reason to recollect it—I went there at 8.30, and left at 9.30—I was in the front room—the waiting-room.
NOT GUILTY .
DAVID POTTER . I am a porter at the St. John's Wood Station of the Metropolitan Railway—on the evening of the 4th August I was on the engine of a train which left Baker Street at 5.38—on getting through the tunnel, I saw the prisoner with his hand raised—I watched him, and as the engine passed him he threw a brick at the train; it entered the window of a third-class carriage—I got off the train at St. John's Wood Station, and went and took the prisoner; he was in an in closure by the side of the line, up a pear tree—when he saw me he said, "I did not throw the stone"—I had not said anything about a stone, I had scarcely got to the tree—I am quite certain he is the boy—I gave him into custody.
Prisoner. I did not throw the stone; there were more besides me.
GUILTY—Recommended to mercy by the Jury. To be kept Two years in a Reformatory.
NEW COURT.—Thursday, August 19th, 1869.
Before Mr. Justice Smith.
747. HENRY TIMSON (52) , Feloniously using a certain instrument to Rosina Bush, with intent to procure her miscarriage, and WILLIAM HENRY McGRATH (21) , Feloniously aiding and procuring Timson to commit the said felony.
MR. COOPER conducted the Prosecution; MR. LILLEY appeared for Timson,
and MR. MONTAGU WILLIAMS and MR. HUNT for McGrath.
The Jury in, this case, being unable to agree, were discharged without giving a verdict, and the trial was postponed to the next Session.
FOURTH COURT.—Thursday, August 19th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. PATER conducted the Prosecution.
MR. BRINDLFT conducted the Prosecution; and MR. WOOD the Defence.
NOT GUILTY .
750. CHARLES DAWES (17), JAMES PAYNE (16), and HARRY PEARCE (18), Burglariously breaking and entering the dwelling-house of Manners Fenwick, and stealing therein one toast-rack, one coat, and other articles, his property.
MR. MOODY conducted the Prosecution; and MR. WEIGHT defended Dawes.
MANNERS FENWICK . I am a clerk in the Record Office, and live at 11, Rochester Terrace—on Saturday night, 10th July, all my doors and windows were safe at 10.30—I was called up at about 4.15 by the police, and found the house in disorder—some articles of plate had been removed from their position—this cruet-stand, toast-rack, and other articles (produced) are mine—they were prepared to be taken away.
Cross-examined. Q. Is there any mark on these boots? A. No, but I have no doubt they are mine.
WILLIAM BELL (Police Inspector Y). About 2.30 on Sunday morning, 11th July, I was with Denton, in Rochester Row, and stopped the three prisoners—I asked where they were going—they said that they had been to Hounslow, across the fields—there had been a heavy dew, and I looked at their boots and found them perfectly dry—I found this knife in Dawes pocket, and took him in custody—I went out, made inquiries, and found that Mr. Fenwick's house had been broken into; the coal-cellar flap was wrenched open, and the bolt lying in the garden—the inner kitchen door was found open, and the socket broken, and part of the wall broken away—the sideboard was wrenched open, and articles of plate were lying in front of it—a pair of sugar tongs in the cupboard were bent straight—the contents of a box of wearing apparel, down stairs, were scattered about the kitchen—an old pair of boots were upon the floor, which I took to the station, and said, "Whose boots are these?"—Dawes said, "Give them to me, they are mine"—the boots he had on, Mr. Fenwick identified—Payne was wearing thin coat over his own; the prosecutor identified it, and I made him take it off—I found this piece of silver in his pocket, and this white handled knife.
Cross-examined. Q. Have you the boots here? A. Dawes has them on.
Peyne's Defence. I saw the cellar flap broken open, and found a coat and a hat, and put them on.
Pearce's Defence. I saw the cellar flap open, and found this coat with a piece of silver in the pocket. We met the sergeant, who said, "What have you got about you?" I said, "Nothing that I am ashamed of," and he took me to the station.
DAWES— GUILTY .
PAYNE— GUILTY ,**
PEARCE— GUILTY ,**— Five Years' each in Penal Servitude.
751. HENRY SULLIVAN (24), WILLIAM REYNOLDS (26), and WILLIAM GIBBS (25) , Burglariously breaking and entering the dwelling-house of Charles Hope Buncombe, and stealing one microscope, and other articles, his property.
MR. MOODY, for the Prosecution, offered no evidence against
GIBBS— NOT GUILTY .
ANN RUSSELL . I am servant to Charles Buncombe, a physician, of 4, York Place, Bow Road—I fastened up the house, and made all safe; and at 6 next morning was awoke by a boy ringing the bell—I went down, and found the back kitchen door forced open, and a pane of glass cut out of the window—I missed a toast-rack, two silver trays, a microscope and case, and other things—I can swear to the box of this microscope—this cap belongs to a young gentleman staying there.
SAMUEL MATTHISON (Policeman K 13). On 9th July, at 11 o'clock, I received information, went to Dr. Buncombe's, and found a pane of glass removed, and marks of violence on the door—I went with other officers, to 6, Wentworth Road, placed two constables at the door, and entered the house; in one room I found a jimmy, a centre bit, a dark lantern, and other housebreaking implements, and this cap—I sent for Dr. Buncombe, and got him to look over the place, and under one of the beds, he found this box, the lock of which was broken open—he identified this microscope.
HENRY ANDERSON . I live at 51, Wentworth Road, Stepney—on the morning of 19th July, I saw Sullivan and Reynolds go to 6, Wentworth Road—Sullivan came out about 7.30, with a woman, carrying a bundle and a child.
Sullivan. Q. Where were you? A. At the door, smoking a pipe.
WALTER KENFREY (Police inspector K). The prisoners were brought to the station on 20th July—after I had read the charge, and the other two prisoners were being removed, Reynolds remained behind, and came to me at the desk—I said, "Do you wish to speak to me?"—he said, "So help me God, Inspector, I know nothing about this affair, him just gone in brought me down the road, to show me where he did the job, and as he was showing me the house, the two policemen came and took us"—I afterwards took Sullivan to the cell where Reynolds was; and repeated to Sullivan what Reynolds said—he said, "You b—liar, did not you do the job yourself?"—an altercation took place between them, and they were separated.
Sullivan. Q. You came to my cell in a crafty, cunning manner, trying to make me implicate myself in the robbery; did not you tell me that this man had made a statement against me? A. He did not repeat the state-ment but I told you what it was.
Reynold. Q. Did you send for two women to identify me? A. Yes—you did not ask me for their addresses, that you might subpoena them—they said that you were not the person who took the house—they do not live at the house, but at some distance from it—I know no one living in it; none, because the two men and two women who took it cannot be found.
WILLIAM LOVANE . I am a carman, of 45, Wentworth Road—on Monday evening, 19th July, I was at my window, smoking my pipe, and saw some men moving about in a very suspicious way—I watched them—one, who I believe was Sullivan, went to see if the street was clear of police; he then assisted a man with a bundle, and took it and gave him a rest while the
other man watched—the men went with the goods, and returned with another parcel, and took it into No. 6.
JAMES HOWLETT (Detective). On 20th July, I saw the prisoner in the Mile End Road, at the corner of Wentworth Road, at about 5.30 in the evening—I had received information, and followed them—they separated, and I took Sullivan, and told him he was the man I was looking for, and I should take him in custody for being concerned in a robbery at Dr. Buncombe's, on the morning of the 19th—he said, "I was catching a dog"—we met some female, and he said, "Was not I catching your dog for you?"—she said, "There was a dog ran out of the shop; but I never saw you before," and she went into the shop, and shut the door—he was placed with five others, at the station, and Anderson picked him out instantly.
Sullivan. Q. Did not you charge me with loitering? A. No—you said that you had been catching a dog for a lady; but I did not hear her say so—I told you I was an officer—you told me where you lived—I went all over Whitechapel; but could not find it.
Reynolds. Q. Did you go to the address I gave you and find it correct? A. Yes.
JOHN FURZE (Detective). I was with Howlett, and took Reynolds—I told him he was the man I wanted, and I should take him in custody on suspicion of being concerned in the burglary at Dr. Buncombe's on the night previous—he said, "Me! you make a mistake; I am not the man you want, it is a different man altogether"—I took him to the station, and Anderson identified him—I found this centre-bit and jimmy, at 6, Wentworth Street—I took them to the prosecutor's house, and they corresponded exactly.
Sullivan. Q. When I was taken to the station, did not you put me and this man together, and say, "You two stand there? A. No—I did not put you at the end of four others; when I came into the room you were standing between the other men.
Reynolds. Q. What time did you take me? A. About 5 o'clock—I fetched Anderson about 6.30—we could not see him when we first went—he works at home—he is not in the habit of giving me information about robberies—I went to your address—you had lived there three weeks.
Sullivan's Defence. I was taken at the corner of the street, after running and catching a dog for a lady. There was property to the value of 100l. taken. Do I look like a person who had 100l. the day before? There was not even a copper coin in my possession. There was a witness at the Police Court, to prove where I was, and I requested him to be brought forward; but he sailed for Sierra Leone during the remand.
Reynold's Defence. I shall call my employer, a respectable man, and master of two houses, who will tell you that at 6.30 on this day, I was working at his side. I went that morning at 6 o'clock, and he let me in, and I never left him till 1 o'clock, when I went to dinner. He has known me three years, and therefore I think you will take his evidence before Martin's; he will nay that the tools were constantly passing from my hands to his. It is two miles off; and it would be impossible for me to go two miles there and two miles back in the time he stated at the Police Court. I am innocent. Nothing was found in my possession. I do not know where the house is.
at 6 o'clock in the morning—I know him as an honest, upright, industrious man; he worked for my father three years ago—I have trusted him with no end of money.
Cross-examined by MR. MOODY. Q. Do I understand you have known him three years? A. Yes; he came to work for my father about, August, 1866—I saw him frequently between August, 1866 and 1868—I may have missed him for some weeks, but I have seen him at intervals during the whole of the last three years—he has worked for me three months—I will not swear that I saw him between January and June, 1868—it is a long while back in 1867 since I saw him—I was then working at Mr. Perking, and he was potman at the Queen's Head in 1866 or 1867.
SULLIVAN— GUILTY *— Five Years' Penal Servitude.
REYNOLDS— GUILTY *— Five Years' Penal Servitude.
NOT GUILTY .
WILLIAM SMITH (City Detective). I remember going to Little James Street, Hoxton, and seeing the prisoner and her two daughters—I asked her if she was Mrs. Carr; she said, "Yes"—I said that I was an officer, and had reason to think she had been pawning a watch and chain, stolen by her son George from Mr. Mealey—she said, "I have done nothing of the sort," and refused to accompany me; but after some time I prevailed upon them, and they took a cab—I wept to the pawnbroker's, 12, High Street, Kings-land, who at once identified her as pawning a watch and chain—I said, "I am going to search your lodging; are you desirous of telling me where the duplicate is?"—she said, "I will give you the duplicate"—I went to her lodging, and in a box, which she pointed out as hers, I found the duplicate of a watch and chain.
Prisoner. I did not know till after my son was gone, that the ticket was left behind. I told you the truth.
JOHN WHITE . I am assistant to Mr. Bishop, a pawnbroker, of 12, High Street, Kingsland—I produce a gold watch, pawned by the prisoner on the 20th July; she afterwards had an advance of 1l., and then another 1l., three different pawnings—I am certain of her.
THOMAS MEALEY . I am a licensed victualler, of 91, Long Lane—the prisoner's son George was my shop-boy—he left without notice, and next morning I missed a watch, a purse containing five or six sovereigns, and a brooch—I have not seen him since.
Prisoner. Q. Have I not washed for you? A. Yes, five or six weeks.
Prisoner's Defence. I pledged the watch, but nothing else. My son said that it was for his master, and I gave him the money.
Six Months' Imprisonment.
OLD COURT.—Friday, August 20th, 1869.
Before Mr. Justice Montague Smith.
MR. HUNT conducted the Prosecution; and MR. MONTAGU WILLIAMS
NOT GUILTY .
For the other cases tried this day see Surrey Cases.
THIRD COURT.—Friday, August 20th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. HUNT conducted the Prosecution; and MR. STRAIGHT the Defence.
EDWIN HEAL SKINNER . I am manager of the King's Arms, Uxbridge, of which Mr. Edge is landlord—on the evening of the 29th July I saw the prisoner standing at the bar, with a glass of stout in front of him—Mr. Beasley, who was in the bar, said, "You have soldiers billeted on you to-night?"—I said, "Yes; they have gone to bed"—Mr. Edge said, "It is getting late"—I said, "I am quite ready when these gentlemen are; it is 20 minutes past 12"—the prisoner said, "1 o'clock is the time to close," and that he should be served again—I said "We do not keep open till 1 o'clock"—he said, "I know the house better than you do, I shall be served again"—I said, "The law compels me to close at 1 o'clock, but there is no law to make me keep open"—he said, "I will dare you to put me out"—Mr. Edge turned out one gas burner, and I said, "I want to go to bed, our soldiers are going away in the morning, and I shall have to get up early; will you go out?"—he said he would not, he should stop till 1 o'clock, and dared me to put him out—we had a struggle, and fell together, and got up again—I held him at arm's length against the wall, getting him to the door—he could see into the street, and seeing a police-man he walked out—I held the door open, and he pushed me twice and said, "Skinner, you have the worst of it"—I directly felt blood running down the leg of my trowsers—I put my hand in my trowsers, and my hand was blood all over—no one had touched me but the prisoner.
Cross-examined. Q. Were you sober? A. Yes—Mr. Beasley was in the bar, on his crutches, and there was a young gentleman there who wanted to be served—he said before the Magistrate that he saw two policemen, and went out—I did not see or hear the volunteers coming, nor were there several persons standing on the steps to see them, that I know of.
JAMES EDGE . I am landlord of this house—I saw the prisoner there on 29th July—I wished him to leave, and Skinner also asked him to leave, but he refused and wanted more drink, but I would not let him have it—Skinner attempted to turn him out, there was a scuffle, and they both fell and struggled while they were down—I opened the door and called a police-man, who came in and called the prisoner out, and he went out—Skinner went outside the door and then found that he was wounded—I fetched a surgeon.
Cross-examined. Q. Did you recommend Skinner to go into the bar parlour, and say that you would sit up? A. Yes, he went at the prisoner with a good deal of violence.
WILLIAM BLUNDELL. I am a coachmaker, of Montague Road, Uxbridge—I heard a noise outside the King's Arms, a little after 12 o'clock, and saw the prisoner, Skinner, Beasley, and Mr. Edge—I saw a scuffle in the passage between the prisoner and Skinner; they fell—I saw no one touch Skinner but the prisoner.
Cross-examined. Q. Was anybody else there? A. Some friends of mine stood at the door, and Mr. Beasley and I were inside—the volunteers were coming back—Skinner was very much excited that evening—I have known him some time, and the prisoner also, who is clerk to a solicitor in Uxbridge—he is a peaceably disposed young man.
Cross-examined. Q. Or any other knife? A. Yes—I do not think he was sober, and I told the landlord so—he smelt strong of liquor, and was very talkative—I found sixteen or seventeen spots of blood in the passage, and blood on the threshold.
WILLIAM MASON (Policeman A R 413) I went to the King's Arms and saw Skinner in bed, he gave a description of the prisoner, and I took him at Mr. Wills' office and charged him with stabbing—he said, "Oh, stabbing"—I found this knife in his pocket—I took him to Skinner, who said that he was the man.
Cross-examined. Q. Was it perfectly clean? A. Yes.
The prisoner received a good character.
GUILTY of unlawfully wounding. Strongly recommended to mercy by the Jury, on amount of his character. — Twelve Months' Imprisonment.
756. HENRY DAY (17), ELLEN WEST (17), and ELIZABETH JONES (17) , Burglariously breaking and entering the dwelling-house of Josiah Robinson, and stealing therein two boots and other articles, his property.
MR. HUNT conducted the Prosecution.
GEORGE TURNER (Policeman N 189). On the morning of the 9th, about 4 o'clock, I was on duty in the New North Road, and saw the prisoners and two other men not in custody, about seventy yards from the prosecutor's house, going towards it—I went to the station and gave Information.
West. This (Day) is not the man who gave me the things, it was only a boy.
Jones. This is not the man that gave West the things.
ROBERT SAGE (Policeman N 98). On the morning of the 9th, about 4.15, I was in the New North Road and saw the female prisoners standing on the opposite side to 114—a man crossed over to them with a bundle, and they all three went away—I went in a direction in which I knew I must meet them, and as soon as they saw me they threw the bundle down and ran away—I pursued them—Barker assisted me—we caught the females, but the man escaped—the females were taken to the station, and this knife and brush were found on Jones—the bundle contained four pairs of boots, two jackets, and a waterproof cloak—the prosecutor identified them—a man had got the bundle at first, but afterwards West had it—I found the prosecutor's kitchen window unfastened, and the front door fastened by the latch.
WILLIAM BARKER (Policeman N 61). I was on duty in the New North Road, about 4 o'clock, and saw the female prisoners—I had previously seen five of them together—I cannot swear to Day, but there was a man of precisely the same size and stature—later in the morning I saw the female prisoners in Bristow Street, with a man—I cannot tell whether it was Day or not—they dropped a bundle, and I pursued and took the women.
JONAH ROBINSON . I live at 114, New North Road—on this morning, about 4 o'clock, I was awoke by the police, and found my front door merely on the latch—the latch of the kitchen window had been opened, which was fastened the night before—these goods are mine—I missed them, and also a ring, a brooch, and a purse containing 5s. 6d., which I have not got.
DAY— NOT GUILTY .
WEST* and JONES— GUILTY .— Twelve Months' Imprisonment each.
MR. HARRIS conducted the Prosecution; and MR. BROMLEY the Defence.
JOHN MANTON (Policeman, X 195). I was on duty on 22nd June, about 3.50, near Beresford Terrace, and saw the prisoner and a man named Smith get over the area railings of No. 5 into the Ladbrooke Road—I pursued them about half a mile, overtook them, and took Smith—I said I should take him for being down the area for an unlawful purpose—he said to the prisoner, "We will settle this b—," and they threw me on my back, on a burning ballast heap—Smith kicked my legs—I was in plain clothes—the prisoner seized me by the handkerchief, which came off—I took out my rattle, and hit Smith twice on the head with it—the prisoner ran away, and I took Smith (See page 256)—I went to No. 5, and found marks on the railings, and on the window sill—the window was shut, but not fastened—access had been obtained by the front window—I got over the railings and found the area door unfastened—I went up into the hall, but could make nobody hear—I went to the top of the house, and awoke the two servants—I found a mustard pot and six cruets against the dining room window—a spoon was picked up where the struggle took place.
LOVELACE SWATMAN (Policeman X 60). On the morning of 22nd June, about 4.15, Manton described a man to me who I had known eight or nine years, in consequence of which the sergeant took the prisoner—I went to the spot Manton pointed out, and found this spoon and the top of a pepper box.
GEORGE CHURCHMAN (Policeman X 33). I saw the prisoner on the night of the 22nd June, between 12 and 1 o'clock, in the High Street, Notting Hill, about half a mile from Beresford Terrace, with Smith, who has been convicted of this burglary—I have known the prisoner between six find seven years.
GUILTY .*†— Seven Years' Penal Servitude.
MR. BROMLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
ARTHUR HAYS (Policeman N 297). On 10th July, about 12.15 at night, from information I received, I searched the gardens at Malvern-Road, Hackney, and found the prisoner Blake—I asked him what he done over the backs—he said he had not been there—I told him he had—the "backs" are the walls in rear of Malvern Road—I took him in custody, and found on him this table knife and two skeleton keys.
Cross-examined. Q. Were you in uniform? A. Yes—I stood behind a wall, listening, and heard Blake say that they would go to a public-house—I went to a public-house, and found the prisoners—I remained behind the wall till they got into the road.
COURT. Q. Where did you see the three prisoners? A. In the back garden of No. 56, standing under the shade of an alcove.
Curry. I was not in any garden at all, or in these mens' company.
CHARLES BASSETT (Policeman N 132). I was in the Malvern Road, Dalston, on the morning of 10th July, concealed by a wall—I heard a noise, and saw the three prisoners get over the wall, from the garden of 56, Malvern Road—I stood still, and they went past me about thirty yards—Hays came over the same wall to me, and I went with him to the public-house—he asked the prisoners, who were there, what they had been doing over the wall; they said they had not been there—I saw Hays take this jemmy and other things from Blake, who said nothing about picking them up.
Cross-examined. Q. Did you find them in his pocket? A. Yes—they were not wrapped up—nothing was found on the other prisoners.
Blake's statement before the Magistrate was that he picked up the articles.
Curry's Defence. I am innocent. When I got to the public-house these men were there. I do not know them, and never was in the garden.
GUILTY . BLAKE was further charged with having been convicted in August, 1861, to which he
PLEADED GUILTY**— Ten Years' Penal Servitude. CURRY was further charged with having been convicted at Clerkenwell, in February, 1868, to which he
PLEADED GUILTY† Seven Years' Penal Servitude. ELLIS was further charged with having been before convicted.
ELLIS—NOT GUILTY** of the previous conviction— One Month in Newgate, and Five Years in a Reformatory.
MR. WOOD conducted the Prosecution.
ALFRED HASLETT . I am a tailor, and have two shops, one in Fenchurch Street and one in Gracechurch Street—on 3rd Jury, about 2 p.m., I saw the prisoner on the basement at 87, Grace-church Street, where some buildings were going on—I asked him what he was doing there; he said that he came for his money—I said, "It is a strange time to come for your money, the workmen are all gone"—I ran up stairs, spoke to the foreman, and then found that the prisoner had gone—I ran to Leadenhall Street, found him, and brought him back to the porter, telling him to take him to the yard, and see if what he said was correct; and if not, to look him up—prisoner had a spirit level and other tools—I asked aim what he was doing with tools in his pocket—he said they were his—they had K. S. on them, and I said, "It is very strange you have tools with another man's name on them"—he said, "That is the name of the maker of the tool"—I said, "No, for it is burnt in or cut roughly"—I said, "What do labourers do with a spirit level?"—he said, "We are obliged to have spirit levels, to see that our work is right."
EDWARD BROWN . I urn light porter, at 87, Gracechurch Street—Mr. Haslett showed the prisoner to mo, and I asked him what bundle he had under his arm—there were four trowels, a level, and other things, wrapped up in a jacket—I asked him whose property they were—he said his own—I noticed no mark on the tools—I detained him; but my attention was attracted by a gentleman, and he got away.
blouses, and a 2 ft. rule on the premises—one of the trowels was branded "R Strange," and the other, "R. S."
GUILTY . He was further charged with having been convicted at this Court in February, 1868, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude.
MR. DALY conducted the Prosecution
CHRISTIEN BRATEN . I am a baker, at Watford—on 27th July the prisoner came to my place and said that he had lived in the same village with me abroad—I invited him, and he stopped a day and a half, he then lift, and I missed a grey gelding value 30l.—I afterwards recovered it.
LEWIS PHILIP KLEIN . I live at 36, High Street, Notting Hill—on 29th July the prisoner rode up to my house on a grey gelding, and said that he came to let us know that his father had arrived from Germany—I got him a stable—I afterwards had some suspicion, and gave him in custody—the prosecutor identified the horse.
WILLIAM RYMERS (Police Sergeant). I took the prisoner at Hammer-smith Police Court on another charge—I cautioned him, and a conversation took place in German—he said, "I went to Watford and visited Mr. Braten, when I left he gave me 5s., and I came to Euston Square Station, London, from there I took a walk to Hyde Park, and in the neighbourhood of the park I saw another foreign gentleman, who I knew before, riding the horse in question; he spoke to me and offered to sell me the horse; I said, 'I have no money now, but my father will soon come home and bring some;' he said, 'You have got a good ring on your finger, let me look at that:' I gave him the ring to look at, and he said, 'This ring is worth 50 thalers, jump on, jump on, the bargain is finished;' I have no lodging and no food, but would rather be without bread than without a horse, because I have always been used to horse."
Printer's Defence. I purchased the horse. I did not steal it.
GUILTY .— Five Years' Penal Servitude.
There was another indictment against the prisoner.
STRATH PLEADED GUILTY . (See next case.)
MR. WRIGHT conducted the Prosecution; and MR. M. WILLIAMS the Defence.
THOMAS SANGSTER . I am a veterinary surgeon, of 62, Long Acre—on Saturday morning, 17th July, I sent a man to Smithfield with my trap, value 50l.—in the afternoon I went to Wimbledon, about 6 o'clock, and saw my phaeton at the railway station, in Washborne's charge—I asked him if it was his horse and trap—he said, "Yes,"—I told him it was a very nice pony—he said, "Yes, a very fast pony indeed"—I said, "How much to the camp?"—he said, "A shilling"—I got in and told him it was mine, not his, and gave him in custody—I had not given authority to anyone to take the trap to Wimbledon.
Cross-examined. Q. When you said that it was yours did be say that he
would fetch the man who belonged to it? A. Yes—Strath was afterwards identified as the person who stole it.
WALTER WALES . (Not examined in chief) Cross-examined. Q. What time did you see this horse and carriage? A. Between 8 and 9 o'clock, in the Haymarket—I saw two boys in it—I cannot swear to either of the prisoners.
HENRY TOWNSEND . On Saturday, 17th July, between 8 and 9—I was in Smithfield Market, and Strath asked me to get in and drive with him—when we got to Farringdon Street he told me to get down; I did, and he drove towards Blackfriars Bridge.
Cross-examined. Q. Did not Washborne say when you took him, that he did not steal it, he was employed by another man. A. Yes.
WILLIAM KING (Policeman A R 388). On 17th July I was oh duty at Wimbledon Railway station, and saw the two prisoners plying for hire with a pony and trap, which Mr. Sangster recognized as his—they had it from 1.30 till Mr. Sangster came.
WASHBORNE— GUILTY. An officer stated that he was the associate of thieves, but his master gave him a good character.—Judgment respited.
MR. WRIGHT conducted the Prosecution; and MR. WILLIAMS the Defence.
JOHN PERKINS . I live at Cedar Villa, Colney Hatch—I lost a pouy and chaise, worth 35l., on 26th July, which I have since seen and recognized—I left it in charge of the prisoner Tiney, about 11.20 a. m., and went into a warehouse for ten minutes, when I came out it was gone.
Cross-examined. Q. Had you ever seen Tiney before? A. No.
JOHN WOODLEY (Policeman N 248). On 27th July I was on duty at Walthamstow, and saw the two prisoners sitting in a chaise, Strath was trying to sell the chaise and pony to some gipsies—I asked him if the chaise was his, he told me that it was—he gave me a false name and address—I got into the chaise and the prisoners drove it to Hoxton—I told them to drive me to the station.
Cross-examined. Q. What time did you first see the trap? A. About 4 o'clock in the afternoon of the 27th.
WILLIAM SMITH (City Detective). I took the prisoners from Hoxton to Smithfield, in company with Woodley—on the road Tiney said that he knew nothing about it, he met Strath in the Mile End Road, at a coffee stall, and asked him to take a ride with him—on the way to Guildhall Police Court, next day Strath called me to him and said, "I will tell you about it; I was* in Red Cross Street, and a chap come up to me and said that a gentleman left it for him to mind, and he was gone so long that he could not stop, and asked me to take charge of it—I took charge of it and thought I would have a ride in it."
Cross-examined. Q. Have you made inquiries and find that Tiney is a respectable lad? A. He gave a correct address.
The prisoners' statements before the Magistrate:—Strath says, "I did not know the trap was stolen; it was brought to me in Red Cross Street" Tiney says, "When I first met this young fellow (Strath) it was at the Mile End Gate, at 12.30 at night; a man there keeps a coffee stall,
and I know him. I called for a cup of coffee; this young fellow was there, and this man who keeps the coffee stall asked me if I would mind going for a ride; I said to Strath, "Can I?" he said, "Yes, if you like." I went for a ride with him. Going along the road he told me he had been to the Rye House, and he said the pony and chaise belonged to him. We rides about till it comes daylight. We got on the forest among the school children, and some gipsies asked Strath if it belonged to him; he said, "Yes."
Witnesses for the Defence.
SARAH TINEY . I am single, and live with my father and mother, at 78, Church Street, Bethnal Green—Tiney is my brother, and lives with us—on Monday, 26th July, my father and mother went to Tottenham—my brother got up at 8 o'clock and went out—he came in again about 9.55, and sat in a chair by the fire—I next saw him about 10.40 or 10.45, in the yard, talking to Mrs. Earwaker—he went out again about 5 o'clock in the after-noon—I was then in the kitchen—Mrs. Earwaker gave him some meat, but I did not see that—on Wednesday evening, between 8 and 9 o'clock, I heard that he was in custody.
Cross-examined. Q. Between 10.40 and 8 o'clock you did not see him at all? A. Yes, he went up stain and laid on the bed—I saw him next at his dinner, at 1 o'clock—he was at home between those times—I saw him all day—I also saw him at 12.5, and gave him a penny, I forgot that before—I was busy from 10.40 to 10.45 making a little hat for the baby, and he was talking to Mrs. Earwaker, and he came in about 11.55 and I gave him a penny—I saw him before that—he came in out of the yard and sat down by the room door on the chair—he was not at home between midnight and 2 o'clock in the morning.
MARIA EARWAKER . I am the wife of James Earwaker, of 80, James Street, Bethnal Green, next door to the prisoner—on Monday, 26th July, I saw Tiney several times—I was talking to him first at about 10.30 or 10.40—I saw him again about 12.30 in the garden, and between 10.30 and 12.30 I saw him leaning on the garden fence—I gave him a plate of cold meat about 12.30—I was talking to him I dare say twenty minutes or half on hour at different times—I saw him again about, 4.30, and he asked me for a pot of boiling water for his tea—he then said that he had been to bed—I never knew anything wrong of him.
Cross-examined. Q. Have you known him a long time? A. Only since they have lived there, about ten months—I did not see him that evening between 12 and 1 o'clock.
ELIZA GREEN . I am a widow, of 82, James Street—on Monday, 26th July, the Monday before Tincy was taken before the Magistrate, I saw him in his father's garden, and spoke to him for twenty minutes or half an hour—I have known him nine months, he has always been considered a respectable boy—his father and mother had gone to Tottenham that day.
Cross-examined. Q. I suppose it is not a very common occurrence for you to talk to him for half an hour? A. No, I frequently do so—he is a paper stainer, but has been rather slack of work.
ELISHA SIMPSON . I keep a coffee-stall at Bethnal Green—on 26th July, about 12.15, Strath drove up to my place in a trap, and asked for a cup of coffee—I served him—he said that he had been to the Rye House—I said, "You ought to have the pony home before now"—he said, "I cannot get it home before 5 o'clock in the morning, because there is nobody there to
admit me after 11 o'clock at night"—I said, "How is that I"—he said, "The man knows me, and we prentices have the chaise at 18s. a day, and if we cannot get it back by 10 o'clock we must keep it out all night, till 5 o'clock, or put it up"—while he was saying that, Tiney came up and had a cup of coffee—Strath said, "Well, I shall go for a ride; you can come, young man, if you like"—I said, "Tom, you are on for a ride"—Tiney said, "I don't care"—Strath said, "Come if you like"—he drank his coffee, and they drove off.
TINEY received a good character— NOT GUILTY .
STRATH— GUILTY— Judgment respited.
MR. STRAIGHT, for the Prosecution, offered no evidence against POPE—
NOT GUILTY .
RICHARD KENWOOD . I was policeman H 16 at this time—on Saturday morning, 17th July, I saw Pope drawing a barrow at New Inn, Broadway—he took a wooden case off the barrow, took it into the house, and went away with the barrow—I left another officer in charge of the case, and went and apprehended Pope—I told him the charge—he denied all knowledge of it—I then went to where Toomey was employed, saw him, and told him I was going to take him for sending away a case of goods—he said that he had not, and he had not left the warehouse since he went to work, at 8 o'clock—the charge was read over to him at the station, and he said that he knew nothing about it—Mrs. Wallace was fetched—she said that he had been to her house and said that if a case of glass was sent for him, would she take it in for him—Toomey made no reply to that.
ANN WALLACE . I am the wife of Richard Wallace, of 26, New Inn Yard—I have known Toomey about six months—on Saturday morning. 17th July, he called on me between 8 and 9 o'clock, and asked me whether I would mind taking in a case that would come—I agreed to do so—he said that I was to keep it till it was called for—I said that I would—the case came, and a constable afterwards took possession of it.
Cross-examined. Q. Did he say, "A case," or "a parcel?" A. He may have said, "a parcel," but nothing came but the case.
EMANUEL MOSS . I am a looking-glass manufacturer, of 24, St. Mary Axe—Toomey was ten or twelve days in my employment the last time—he was there on Saturday, the 17th; I was fetched, and saw the glass at the station—I had not sold it to anybody—I never saw the case before.
Cross-examined. Q. How do you know it? A. The outside of it has got a batten, and this flannel is what we have over from France, and this paper has 23.17 on it—I did not miss it—I was not there, but I have gone over my stock, and find a deficiency of twelve plates—I do not keep a stock-book for plates, but we have them over in cases of fifty, and enter them in our books.
TOOMEY— GUILTY — Twelve Months' Imprisonment.
THIRD COURT, Thursday, August 19th, and
NEW COURT, Friday August 20th, 1869.
Before Mr. Recorder.
765. SIDNEY RAUDNITZ (34) , Unlawfully, within three months of his bankruptcy, obtaining on credit, from John William Clafton and others, divers goods, with intent to defraud the rights of his creditors. Others Counts—For disposing of those goods otherwise than in the ordinary way of his trade.
MESSRS. BESLEY and GRAIN conducted the Prosecution; and MESSRS. METCALFE and F. H. LEWIS the Defence.
ALEXANDER POLLOCK . I am one of the assistant messengers of the Court of Bankruptcy, London—I produce the proceedings against Sidney Raudnitz, of Addle Street, London—the declaration of insolvency is dated 5th February 1868—these proceedings include the bankrupt's goods account, and his examination.
WILLIAM HAIGH . I am agent for provincial firms in the woollen trade, and carry on business in King Street, Cheapside—I have known the defendant trading in Addle Street—I was one of the creditors' assignees of the bankruptcy—I am acquainted with his writing—the signature "Sidney Raudnitz," to the examination of 11th June, 1868, is in the prisoners writing, and also the signature to the further examination on 29th June, 1868—there is a goods account from 5th August, 1867, to 5th February, 1868, also signed by the prisoner—about 40l. has come in my hands in this estate; that has been absorbed by the payment of rent and other charges against the estate—I had business dealings with the defendant—my first order was taken on 7th January, 1868—his brother gave me that order—the goods were supplied by John William Clafton, Nathaniel Berry, and John Winterbottom & Co.—I represent those three firms in London—there were seven pieces of cloth from Nathaniel Berry, at 4s. 6l. a yard, amount-ing to 42l. 7s., four pieces from Mr. Clafton, at 4s. 10d. a yard, amounting to 26l. 11s. 8d., and ten pieces of black and other cloths from Winterbottom & Co., amounting to 67l. 9s. 3d.—on 9th January I went to the prisoner's place, and saw Mr. Clafton's cloth there, and examined it—the prisoner said he was satisfied with it, and should be very happy to continue trading—I called again on the 13th—I was advised on the 11th that certain goods had been sent—the prisoner was present—I then saw four pieces of Mr. Berry's goods; I examined them also—on 16th I went again and saw the prisoner—I then saw ten pieces of doeskins, from Winterbottom & Co.—the prisoner's brother was present—they said they were satisfied with the goods, and I obtained further orders—I took the orders down in writing—I also received orders of goods from the prisoner's brother, in the prisoner's presence, from Hinchcliffe's, another firm I represent—I came into possession of the bankrupt's papers afterwards as creditors' assignee—amongst them I found the invoices of the goods I have spoken of—I also got some bills referring to Mr. Rossi and Mr. Heubach in the same way—I have got the prisoner's day-book; I find entries there of the goods I have referred to—in some instances there are numbers corresponding with the numbers on the cloths and invoices—on 14th January, in the day-book, I find an entry of the sale of Mr. Berry's goods to a Mr. Walter, at 3s. 8d. per yard—those were the goods bought from me at 4s. 6d. on the 11th, received by the prisoner on the 13th, and sold on the 14th—on the 16th there is an entry of Mr. Berry's goods, sold to a Mr. Harfield, at 2s. 10d.—they were received by the prisoner on the same day, and bought by him for 4s. 6d. a yard—there are no numbers to that entry; there are merely the same number of yards—on 20th January there is a further sale of Mr. Berry's goods to
Mr. Walter at 3s.—that was 207 yards of woollen cords, supplied by me at 3s. 8d. and 4s. a yard—they were received by the bankrupt on the 20th, and sold on the same day—on 14th January, referring back, there is an entry of the sale of Mr. Clafton's goods to Mr. Walters, four pieces of beaver at 3s. 10d.—they were supplied on 14th January by me, at 4s. 10d.—on the 20th there is a bale of Winterbottom's goods to Mr. Walters, 242 yards of black doe, at 3s.—they were bought at 3s. 4d.—on the 16th there is another sale of Winterbottom's goods to Mr. Harfield, four pieces at 2s. 10d., they were bought at 3s. 4d., 3s. 8d., and 4s. 2d.—on 29th January there is a sale of Mr. Hinchcliffe's goods to Harfield. 416 yards, at 2s. 10d., the cost price of those cloths was 3s. 6d., 4s. 4d., and 4s. 8d.—I have been in this trade about thirty years—the goods are supplied at manufacturers' prices—these letters also came into my hands as creditors' assignee—the goods account on the proceedings includes the parcels of goods to which I have just referred.
Cross-examined by MR. METCALFE. Q. Was the first order that you took on 7th January? A. Yes—that was from the prisoner's brother, at 29, Addle Street—the prisoner was not there on that occasion—I saw the goods on the premises afterwards, and saw the prisoner there then—the brother was there also—I received an order for goods from Winterbottom & Co. on the 7th, and two others besides—they all came from the prisoner's brother—the orders on the 16th were given by the prisoner's brother—the prisoner was present—his brother's name was Anthony—I believe he has gone away—I have made inquires for him, and have not been able to find him—I knew nothing of a man named Bernstein—I don't know that the prisoner was in a bad state of health in January and February, or that he was not—he was always delicate-looking—his brother took a more active part in the matter than he did.
MR. BESLEY. Q. Whose signature is that to the list of creditors? A. That is signed by the bankrupt.
MR. BESLEY proposed to put in the London Gazette. MR. METCALFE objected, and referred to the, "Queen v. Wallace," 10 Cox's Criminal Cases, page 500. He contended that this was not proved to be "the" gazette, but only "a" gazette. The London Gazette was admissible by the common law, and not by statute; but it must first be shown that the paper produced was the London Gazette. The words on the face, "printed by authority" did not prove that the paper was printed by authority, and it was not alleged to be printed by the Queen's printers. THE COURT considered the case quoted was dearly different, but would consider whether the point should be reserved. It was afterwards decided that it should be reserved.
ALFRED HEUBACH . I am an agent and importer of fancy goods, at 12, Staining Lane, City—I have had transactions with Raudnitez & Co.—on 2nd December, 1867, I went to the premises in Addle Street—I saw the prisoner's brother—I did not see the prisoner then—I received an order for 220 dozen dolls, value 54l. 13s. 9d.—on 4th December I sent twelve dozen more, value 15l. 15s.—I sent a bill to be accepted, and went the day following to get it—I then saw the prisoner, and his brother accepted the bill in his presence—the acceptance was for 70l. 8s. 9d.—that bill was never paid—on 13th December I received another order from the prisoner's brother for 292 bunches of beads, first quality, and 437 bunches, second quality, and other different items, amounting together to 141l. 10s. 5d.—the prisoner was present—I drew two bills for that amount; one for 71l. 4s. 5d., at two
months, from 13th December, 1867, and the other for 71l. 4s. 4d., at two months from the 14th of December—they were accepted by the brother—they were never paid.
Cross-examined by MR. METCALFE. Q. You acted with the brother throughout, did you not? A. Always, under the name of Raudnitz & Co.
NAPOLEON ROSSI . I am an agent, at Castle Street, Falcon Square—on 7th December I went to the premises in Addle Street, in consequence of a letter I received from my principals—I saw the prisoner there, and asked for Mr. Raudnitz—I was told he was not within—I said I had had a letter, and had called in consequence—about 4 o'clock the same day the prisoner's brother, Anthony Raudnitz, came to my place and selected some goods from samples—I subsequently delivered the goods mentioned in these invoices (produced); one invoice is for 320l. 6s., and the other 132l. 17s. 9d.—they were delivered on 1st January—previous to the delivery of the goods I had mentioned that some security should be given me, and accordingly, from a packet of bills, the prisoner's brother drew one drawn by Mortlock & Co. on Jones, for 7891 francs, and after that I allowed the goods to leave my premises—they sent their porter to fetch them—I got no security for the second lot of goods—Anthony Raudnitz gave me the acceptance—the prisoner was present, and examined the invoice—"Raudnitz & Co," was written across the acceptance—there was a mistake in the invoice, and I paid Anthony Raudnitz the balance in cash—this (produced) is the bill I received—it fell due on 23rd February, and was never paid—I gave instructions to my about in Manchester to inquire about the bill before it fell due, and I made inquiries myself in Paris—I saw the prisoner in reference to those inquiries early in February, in Addle Street—I told him that I had reason to believe I had been defrauded, that I had made inquiries in Manchester and no such firm existed, and that the large branch in Manchester was only a small room, in a bock street, with nothing in it except a boy—that the man Jones, in Paris, whom they said was one of the first bankers, had absented himself about two years ago, and had never been heard of since; and, therefore, I said I should place the matter in the hands of Messrs. Wontner, which I did—the prisoner referred me to his brother, who seemed very much alarmed, and said that he had been deceived himself; that he had given the value for the bill, and that if I did not return it to him at once it would prevent him from obtaining redress, and he begged of me to give up the bill, and promised he would give me another—I said, "No," I wanted the money beforehand—I saw them again in a few days, after Messrs. Wontnor had written on the subject—I told them I had reason to believe they were scoundrels, and the prisoner said he would not allow his brother to treat me like that, and it was agreed that they should give me another bill and part cash—they then gave me a bill on J. Harris & Co. for 294l. 10s., at three months, for 13th January, and the balance, 21l. in cash, to make up the amount—that bill was never paid—I supplied all the goods at manufacturers' prices—all the money I received was 21l.
Cross-examined by MR. METCALFE. Q. All the transactions were with the brother, were they not? A. With the brother—it was Anthony who wanted to have the first bill back, and ultimately gave me a fresh bill for it.
WILLIAM HAIGH (re-examined). I find in the day-book, on 2nd December, nn entry of the goods from Mr. Heubach, 54l. 13s. 9d.; and on the 7th, 15l. 15s.—and on the 7th there is an entry of the sale of both lots of dolls, without any name, for 45l.—on 12th December there is a sale of beads, to
Mr. Peacock, for 25l. 12s. 9d.—there is also an entry of goods received from Mr. Rossi, on 2nd January, 1868, 132l. 17s. 9d. and 320l. 6s.—there is a sale of those goods to S. Bridge & Co., 41l. 0s. 11d., and also to Mr. Harfield of 157l.—that makes the whole lot of goods received from Rossi—there is an entry of those goods in the goods account, corresponding with the entries in the day-book—the cost price of those goods was 7s. a yard—they were sold to Bridge & Co. at 4s. 4d., and to Harfield at 4s.
JAMES PEACOCK . I am a dealer in fancy goods, at 526, Oxford Street—on 7th December, 1867, I purchased 220 or 230 dozen of dolls—as far as I can recollect, I paid 45l. for them—I also purchased, on 16th December, 728 bunches of beads for 25l. 12s. 9d.
Cross-examined. Q. Who did you buy of? A. A person named Bern-stein—I saw him here this morning—I never saw Anthony Raudnitz or the prisoner, at all—I only had these two transactions with Bernstein—he called at my place twice—I completed the transaction with him and paid him.
MORRIS WALTER . I am a clothier, at 12 and 13, Church Street, Spitalfields—I know the prisoner—on 14th January, 1868, I purchased eight pieces of cloth for 93l. 17s. 4d.—this is the receipt and bill for the purchase—on 20th January, I purchased 833 yards of black doe, at 3s. a yard, 125l. 0s. 6d.—they were unmanufactured goods—I saw Bernstein in the first instance, and then went to Addle Street.
Cross-examined. Q. Did you buy the goods of Anthony, the prisoner's brother? A. I purchased them in the first instance of Bernstein, but I concluded the purchase with Anthony Raudnitz, and I paid him for them, I think; either him or Bernstein.
ELLIS HARFIELD . I am a merchant, at 5, Bow Lane—on 17th January, 1868, I purchased 188 yards of cloth at 2s. 10d., and on the 29th, 416 yards of black and blue union at 2s. 6d.—I have been to Addle Street once—I paid my money to Bernstein on that occasion—I never saw the prisoner.
WALTER BURTON . I am an auctioneer, of the Broadway, Ludgate Hill—I receive goods there deposited on advances—I have sold goods for Raudnitz & Co.—I saw the prisoner with his brother—I have had goods from Raudnitz & Co. amounting to between 1700l. and 1800l., from 15th August, 1867, to January, 1868, in advances and sales together—the last date was 4th January, 1868—I have made about a dozen advances—the amount of advances from 5th November is 340l.—moneys were repaid to me on 17th January, 110l. on 1st February, 5l., and March 17th, 239l.—some time in January we had an order from Raudnitz & Co. to deliver goods to bearer on payment of the money—the money was not paid till 17th March, when the goods left our possession—I sell by auction to cover advances—on 31st December I sold a parcel amounting to 403l.—the last balance was struck on December 31st—they then owed me 123l.—I had a sale of goods on 14th September, and paid over to them the balance, 26l. 9s. 2d.—the amount of the sale was 199l. 14s. 10d.—I don't think I saw the prisoner more than once or twice before the bankruptcy—that was at my place of business—we do not take receipts for the goods.
Cross-examined. Q. You get your money, and that is enough, I suppose? A. Yes—it was the prisoner's brother who was dealing in these transactions—when we pay money we take their receipt on the back of the cheque—I do not know Bernstein at all—I don't recollect seeing him come with Anthony Raudnitz.
Cross-examined by MR. METCALFE. Q. Have you seen him write? A. I have—in the Bankruptcy Court.
The bankrupts examinations of the 11th and 29th January, were put in and read and the goods account and lift of creditors were handed in.
THOMAS SMITH . I am clerk to the Chief Registrar of the Court of Bankruptcy—I produce a copy of the London Gazette stamped with the seal of the Court—it is dated 7th February, 1868, and contains the adjudication of Sidney Raudnitz.
Cross-examined. Q. When was this sealed? A. Just now, on my desk—I used my own authority for the purpose of stamping it—someone came to me, to produce the London Gazette; it was no use bringing it without the seal, and I stamped it before I came—we make it an office copy by putting the seal on it—I had no authority from anybody to do it; I have a general authority to affix the stamp.
GUILTY— Judgment respited.
766. WILLIAM HALL (50) , Unlawfully obtaining goods, within three months of his bankruptcy, under the false colour and pretence of carrying on business in the ordinary course of trade. Other Counts—for disposing of the said goods.
MESSRS. GIFFARD, Q.C., BESLEY, and MOODY conducted the Prosecution; and MESSRS. METCALFE, OPPENHEIM, and TURNER the Defence.
ALEXANDER POLLOCK . I am one of the officers of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of William Hall, 3, Bretten Terrace, King's Road, Chelsea, oilman—the prisoner is that person.
JOSEPH HALL . The prisoner is my uncle—I have been in his employment for ten or fifteen years—I left in October, 1865—I was in his employ up to the time of the bankruptcy, at 3, Bretten Terrace—he lived there—he also had a shop at 352, King's Road, Chelsea; that was called the Alma shop; one at 11, Leader Street, and another in Bridge Road, Battersea—there was also a factory at Battersea, and he had some stables behind Bretten Terrace—I know a person of the name of Edward John Perry—I have not seen him here to-day—I saw him at Bretten Terrace in July and August, 1865—I never heard Perry and the defendant speak together at all—the defendant has not spoken to me, or to anyone in my presence, about his nephews and nieces—(Looking at a paper) I believe this signature is mine—I went to Mr. Davis, and made a statement and signed it—I went to Mr. Holdsworth first, in the Mile End Road, and he told me to go to Mr. Davis—I went, and made a statement—I don't know that it was read over to me—I signed something; I don't remember now, I was drunk at the time—I never heard anything said between my uncle and Mr. Perry about a deed—I went to Mr. Barnard after I had been to Mr. Davis—he got the clerk to write something down—it was not my statement—I did not sign anything then—I only signed one, if I signed any—that was the time when I went to Mr. Davis—Mr. Barnard asked me questions—I don't know whether I made him answers; I am not certain whether I did or not—I don't think I was particularly drunk then; no, I wan not drunk—I did not get out of the way, after I had made the statement, so as not to be called before the Magistrate—on 5th May, 1866, I was travelling about the country—I did not leave my address, so that I could be found—I was working for my living during that time—I did not receive any
money, except from employers—I did not remove any goods for my uncle—I did for Emily Mountford, now Mrs. Clements—it was a little furniture—I don't recollect when it was—it was before the bankruptcy—I don't know how long before; it might have been five or six months, I can't say—it is not true that two or three weeks before the messengers of the Court of Bankruptcy took possession my uncle removed a considerable portion of took, worth about 1000l.—I have said so—I did not know of any property being removed from 3, Brotten Terrace, King's Road—there were goods sent off, if that is what you mean—they went to different places—some went to Richard Hall, in the "Cut"—they were all supplied in the ordinary way of business to the other shops—it is not true that I assisted my uncle and the carman in packing and loading goods to be removed away—I said so—no goods were removed to the Alma shop, I am certain of that—I did help to remove some furniture for Emily Mountford—that was three or four months, perhaps, before the bankruptcy—I don't know what the things were—they were in the shape of furniture—they were removed again a second time, that was after the bankruptcy—I was in possession of the shop at Bretten Terrace, when Buxton, the trustee, took possession—I had nothing to do with Leader Street at all—I took charge of the place for Buxton—I don't know how long I was removing the furniture for Emily Mountford, an hour, perhaps—no one helped me—Miss Russell did not help me—I have said she did—I did not assist my uncle in removing a quantity of stock and furniture to the Alma shop—I have said that I did—my uncle did not tell me, some time before the bankruptcy, that in order to save his pony and chaise and harness he had arranged to put them away with his brother to maintain—I don't know that I told Mr. Davis so—I was drunk when I went there, and I don't know what I said—they asked me questions and I said "Yes "to anything—I did not hear any conversation between Mr. Perry and my uncle—it is not true that I heard Perry say that the factory at Battersea should be transferred to Hawkins, and that it was to be understood that Hawkins would give 100l.—nothing of that sort ever occurred—I don't remember ever seeing the prisoner and Perry and Hawkins together about August, 1865—no, I did not see them together—I did not hoar anything at all about my uncle executing a deed—I did not know that he was going to execute one—my uncle did not make out a list of goods for me to send away—I don't know whether I told Mr. Davis that or not—I signed the statement without knowing what they had put down—they might have put down what they liked—I remember seeing some goods come in from Mr. Houston after the 12th September—they were sold in the ordinary way of business—I swear that—I accounted for the money to Mr. Buxton, the trustee—there was a pony and chaise in the stable—it was sold, I believe, five or six months after the bankruptcy—I did not hear from my uncle to whom it was sold—I only believe it was sold, I don't know at all—three barrels of oil were received after the 12th September—there were five came in about the beginning of September—that was sold in the ordinary course of business—I left the shop on 25th November—the shop was kept open by the assignees after the bankruptcy—I had the care of it—on the 25th November they came and shut the shop up, and I left—I know Mr. Clements, the hair-dresser—I removed furniture to his house—I don't know what the articles were—they were the same that I removed for Miss Mountford—they were first taken to Miss Shinn's and then to Mr. Clements—I removed them from the Alma shop to
Mr. Clements'—I don't recollect when that was—I was not aware at the time that Miss Mountford was under summons to appear at the Bankruptcy Court—I will swear she did not tell me so, and I never heard it from any-one—I did not know that my uncle was under subpoena to appear in the Bankruptcy Court, or of my cousin, Mrs. Hawkins—I only knew it lately—not at the time you are speaking of—there was no object in moving the furniture—she only wanted it shifted from one place to another.
Cross-examined by MR. METCALFE. Q. Was that when she was going to married to Mr. Clements? A. Yes—it was moved to his place shortly before they were married—that was several months after the bank-ruptcy—they were first taken to Miss Shinn's four or five months before the bankruptcy, then they went to the Alma shop, and from there to Mr. Clements'—I was employed by Mr. Buxton to take possession from the 12th September till the 25th November—it was after that that I made the state-ment to Mr. Davis—it might be three or four months after—I was not examined at the Bankruptcy Court, or at the Police Court—at the time of the bankruptcy the prisoner's father was alive—he always lived at Bretten Terrace—he lived there till the shop was closed—he was then turned out by the persons who took possession—he is dead now—he died about two years ago.
MR. GIFFARD. Q. You say you were not examined at the Police Court, or the Bankruptcy Court; did you know there was a warrant out for your apprehension, as a witness? A. I did not till I returned.
JOSEPH HOLDSWORTH . I am a wholesale tallow chandler, carrying on business in the Mile End Road—I have been in business there twenty-four years—when I succeeded my predecessor in the business, I found the name of Thomas Hall in the books as a customer of the firm, and I continued to supply goods to him—I saw the prisoner previous to his bankruptcy—I waited on him in 1864—I knew him as Thomas Hall, and nothing else—I supplied him with goods in 1864—in November, 1864, I saw him in reference to the state of his account—he then owed me 400l. or 500l., to the best of my memory—he told me I had nothing to fear—he was surprised at my coming, and said, "You can go bock and make yourself very comfortable, I can pay anybody 30s. in the pound"—I supplied him with goods down to August, 1865—in September, 1865, a Mr. Perry called on me—he did not bring any papers with him—I had a conversation—about two hours after that conversation I went up to see Hall About his affairs, at 3, Bretten Terrace—I told him I was surprised to hear what I did about his circum-stances—he said he was very sorry, and asked what I advised him to do—I said, "I advise you to call a meeting of creditors, and make a clean breast of it"—I asked him what his estate produced—he said, "10s., or more than 10s.—I asked him if he had any objection to my sending a person to go over his stock and goods, and he said, "No"—I knew that he had branch shops—after that interview I gave some instructions to Messrs. Nicholls & Leatherdale, the accountants, and about three weeks after, the defendant called on me and wanted me to sign a document—I would not—he said if the thing went into bankruptcy it would produce nothing—he told me he could get 200l. or 400l., I forget which, for the King's Road shop—I think it was 400l.—he went away with the paper he had brought—I saw him once at the Bankruptcy Court, and he then wished me to sign the document—I did not see what the document was—I supposed what it was—on the 12th October, I filed the petition which is on the proceedings—he was then
indebted to me in 530l. odd—I did not go to the shop at Leader Street—I left the messenger to take possession—I was appointed one of the trade assignees—not one halfpenny came to my hands—I never got possession of the King's Road shop, or the one at Bridge Road, Battersea, or the factory and stables—the orders were received by my traveller, and I sent the goods afterwards—I know nothing about their delivery.
Cross-examined by MR. METCALFE. Q. Have you dealt with him and his father for twenty years? A. Yes—always under the same name, "Thomas Hall"—the goods were usually delivered at Bretten Terrace and King's Road—the last delivery was in 1865—up to October, 1865, I had no reason to doubt his solvency—I received cash payments from him up to within a very short time of the bankruptcy—I closed the credit account about September, 1865—after that he paid cash for goods sent to within a little while of the bankruptcy—he might have paid cash for goods three months previous to the bankruptcy—I did not carry on the business at Bretten Terrace after the bankruptcy, nor did my fellow assignee—I have seen Mr. Buxton, I know nothing of him—the businesses at Bretten Terrace and Leader Street were sold—I can't tell you when.
JOHN PERRY . I was town traveller to Mr. Holdsworth—in the course of business I called on William Hall for orders, in 1865—I knew him as William Hall at the latter part of the transactions—I got orders from him in July and August, 1865—on 14th July I received an order for thirty dozen of candles—there was an order before that, on the 7th—on the 21st I received an order for eighteen dozen, at the Alma shop—on 28th, eighteen dozen to King's Road, and thirty-six dozen for Battersea—by King's Road I mean Bretten Terrace—on 4th August, thirty dozen for Bretten Terrace, and eighteen dozen for Leader Street—on the 18th August, twelve dozen to Bretten Terrace—at that time the last order was not completed, and the twelve dozen was added to it—there was another order on 18th August, thirty dozen to King's Road, and six dozen to Leader Street—that was the last order I received—when I received the orders, I gave the order-book to my employers, and the goods would be delivered in the course of the week—I generally received the orders at Bretten Terrace—I have been to the Alma shop on one or two occasions—the Leader Street shop was about half a mile from Bretten Terrace—the Alma was only a short distance—on 18th August, 1865, I received 16l. 18s. 5d., deducting 1l. 18s. for empty boxes; that would be 15l. 0s. 5d.,—that paid for goods delivered up to the 14th December, 1864—I received no money from him after that—I did not call on him again—I met with an accident which caused me to be absent.
Cross-examined by MR. METCALFE. Q. When you met with your accident someone else called? A. Yes—I don't know who that was—on 11th August I received 15l. on account—I can't tell when the account was closed—he has been dealing with Mr. Holdsworth twenty years—everything was paid up to December, 1864—on the 7th July, 1865, he paid 21l. 4s., and on the 14th, 10l.—on the 28th he paid me the balance of two bills, of the 8th and 9th December, 1864, 11l. 18s. 11d.—on 11th August, 15l., and on the 18th August, 15l.—I called on him weekly.
MR. GIFFARD. Q. That balance made the account all right up to December, 1864? A. Just so—from that date till I met with my accident nothing has been paid for—the account I was paid in August settled up to, the end of December, 1864.
JAMES PEARSON . I was in the employment of Mr. Holdsworth, in 1865, as packer, and in the months of July and August I packed goods for Mr. Hall—after I had packed them, I delivered them to the carman for delivery—I entered them in the weight-book, and that was given to the carman with the invoices, to be delivered with the goods.
MARK POTTS . I was carman to Mr. Holdsworth in 1865—I received goods for delivery from Pearson after they were packed—on the 17th August, 1865, I delivered goods to Hall, at Bretten Terrace and Leader Street—I know the Alma shop—on the 24th August I delivered goods at Bretten Terrace and Leader Street.
JOHN HENRY HOLDSWORTH . I was in my father's counting-house in 1865, keeping the books—there was a settlement of accounts on 14th December, 1864—from that date to the 24th August the amount of goods was 531l. 13s. 8d., that was the amount proved in the Bankruptcy Court—this is a copy of the account, stating the items on the proceedings—the ledger is not in my handwriting—the day-book is—I find there an entry, on July, 19th of 8l. 6s. 3d.—that entry is made after the weights have been ascertained by the packer—on 3rd of August I have four items, 5l. 2s., 9l. 16s. 7d., 4l. 17s. 1d., and 5l. 0s. 3d., amounting to 24l. 15s. 11d.—on the 16th August I have items amounting to 13l. 4s. 7d., and on the 24th, 15l. 16s. 5d.—after that date we gave no further credit—I believe goods were supplied, and he paid for them on delivery—I saw the prisoner once at our place with my father—that was after the 24th of August—the traveller had a ledger copy of the account, and he called on the man and settled the account with him in that way—the invoices were sent in with the goods.
Cross-examined by MR. METCALFE. Q. Can you tell me what the amount was in June, 1864? A. About 300l.—the money that he paid went to pay off that 300l., and the account was settled down to December, 1864—the amount of goods delivered in August was 530l.—he paid about 550l. in 1865—that went to pay off the back account—during August the amount of goods order was not increased beyond the amount of goods in July—the payments were gradually getting more behind—I knew the shop called the Alma—I think he had goods there in August—between the 14th December, 1864, and the end of the year, he paid 38l. 0s. 1d.—I do not include that in the 300l. paid in 1865.
HENRY HURST . I am clerk and ledger-keeper to Messrs. Beaufoy & Co., of South Lambeth—I produce the order-book and earman's delivery books for 1864 and 1865—the defendant dealt with us for about two years before the bankruptcy—on the 12th July, 1865, he owed us 27l. 12s.—on the 31st July we debited him with twelve dozen of British wines, 7l. 16s.; and on the 29th we delivered to him five half-hogsheads of vinegar, and one half-hogshead of acetic acid, 19l. 1s. 6d.
Cross-examined by. MR. METCALFE. Q. You opened the account in June, 1863; how much was owing in June, 1864? A. 10l. 8s. 8d.—in August he paid 5l. on account, and in December we had the balance of that account—the amount due to us now is 27l. 12s.—we supplied the father first—we opened the account with the son in June, 1865—the first payment went to liquidate the old account.
MR. BESLEY. Q. On any previous occasion did he order so much as six half-hogsheads
at one time? A. No—he never had so large a quantity of vinegar on any former occasion.
ALFRED HOLLOWAY . I was carman to Messrs. Beaufoy & Co., in 1865—on the 29th July I delivered goods to Mr. Hall, at Bretten Terrace, King's Road, Chelsea—they were five half-hogsheads of vinegar and one of acid—I got a signature for the delivery.
WILLIAM CALVER KELLY . I am ledger-keeper to Price's Candle Company—I produce two orders for goods, one on the 18th July and the other the 21st July—at the time of the bankruptcy the prisoner was indebted to the Company in the amount of 140l. 15s. 3d.—besides the two orders produced there were several other orders given to the traveller—goods were supplied on the 1st July, on the 9th July, and the 11th August—the amount between the 13th July and the end of the account was about 66l.—the goods were candles and night-lights—I produce the carman's book—one of the carmen, named Cornwall, is dead—the carmen have receipts for all goods sent in.
Cross-examined by MR. METCALFE. Q. When did your account commence? A. That I can't say, I have not the other ledger here—I believe it was in 1859—the amount of goods had in June, 1864, was 3l. 10s.—the payments in June would go to liquidate the former debt—5l. was paid in July, 1865, and 13l. in August; nothing was paid in September—there was 17l., but that was for goods paid for on delivery—the credit account was stopped about the end of August—in July there are six entries in the ledger, amounting to 33l., and in August, 50l.
MR. BBSLEY. Q. Had he ever been indebted to you in as much as 100l. before that? A. No.
ALEXANDER DRUCE . In 1865, I was a packer in the employ of Price's Candle Company—on 1st August I packed for delivery to Hall, 17 1/2 cwt. of soap—I also packed some caudles on 20th July—when packed, I delivered them to the carman for delivery—they were drawn out and loaded to the van.
JOHN WALLER . I was a carman in Price's Candle Company in 1865—I have my delivery book—on 9th August I delivered something at Mr. Hall's, at Battersea—I don't know what it was—I left it at his shop—I got a signature for it.
JOHN HOUSTEN . I am a paraffin merchant—some time before 1865 I was in the oil trade, in a house of which the defendant was a customer—in September, 1865, I saw the defendant when I commenced business on my own account—I called on him at 3, Bretten Terrace, Chelsea—he gave me an order for three barrels of oil and two barrels of paraffin, to be paid for
at fourteen days' prompt—those goods were delivered a day or two after-wards, and on 22nd September I called for the money—he told me he would forward a cheque in a day or two—the amount was 25l. 1s.—he gave me another order for three barrels of paraffin oil when I called, and they were sent in two or three days—they were supplied at the same terms—on 3rd October I called at Bretten Terrace again, and several times after, but I could never see Mr. Hall—on 9th October I sent him a letter and enclosed a draft acceptance—I posted it myself—I received an answer enclosing the draft not accepted—I went again several times, but could not see him—when I saw him on the 22nd September, he never said a word about having executed a deed or being in embarrassment.
Cross-examined by MR. METCALFE. Q. You had been dealing with the defendant before on behalf of the firm you represented? A. I had called on him, but I don't know that I had personally got orders from him—he had been dealing with the firm—I don't know how long; possibly for some time—I knew his name from his dealings with Swan & Co., the firm I represented—I solicited him to give me orders as soon as I set up business.
ALFRED BAYLEY . In 1865, I was traveller to Messrs. Berger & Co., starch manufacturers, at Bromley—I waited on the prisoner, who dealt with the firm—I have my order book here—on 25th July, 1865, I received an order from him, for half-a-ton of starch—that was the last order I had from him, the previous order was on the 20th May, and one previous to that, making three-half-tons, amounting to about 48l.—that has not been paid—the goods were to have been paid for a month after delivery—I took the order at Bretten Terrace.
Cross-examined by MR. METCALFE. Q. How long had he been dealing with the firm? A. The first order I took was on the 15th November, 1864—I believe they had dealings with the father before that—I can't tell whether there was money due from the father before November, 1864; but I believe not—he did not pay any money from November, 1864—he never paid any to me.
JOHN ALEXANDER HUNTER . I am traveller to Messrs. Berwick & Sons—in the year 1865, I called on the prisoner for orders, and on the 24th August, I got an order fur twenty-four hall-casks of oil—that was 5l. 10s.—we were never paid for it.
Cross-examined by MR. METCALFE. Q. Had he been dealing with the firm before? A. I had had previous transactions with him, but not for that house—he has paid for the things he had from the other houses—he has paid for all that I remember, except the goods he had from Berwick's.
WILLIAM THOMAS BOYDELL . I am a solicitor—on 15th September, 1865, the prisoner executed this deed (produced)—it is dated the 12th, I attested it on the 15th—it was signed by some of the creditors before it was executed—I know a person named Edward William Perry—he was never in my service—he assisted me in going round to get signatures to the deed—I was not aware of any assignment having been made by the bankrupt in August—he did not tell me that any such transaction had taken place.
Cross-examined by MR. METCALFE. Q. I see Perry has attested the deed with you? A. Yes—he was present at the time—he was formerly clerk to Mr. Stubbs, of Moorgate Street, I believe—he did not sign as my clerk—he introduced this business into my office—there was no understanding that I was to give him anything for it—I believe he had prepared the deed—he got some of the signatures before he brought it to me—the signatures are
those of creditors assenting to the deed—I wrote eighty-four letters to creditors in one night—there were a great many assented besides those who actually signed the deed—I saw Mr. Holdsworth about it, and he declined to sign-it—I had a list of the creditors, and saw some of them myself—I afterwards registered the deed—I don't know where Mr. Perry is—I discussed the matter with the prisoner, when he executed the deed—Price's Candle Company were mentioned as creditors, and Messrs. Beaufoy & Co.—I have their assent to the deed here—Mr. Buxton was the trustee.
MR. GIFFARD. Q. How many creditors did you see personally? A. I can't tell the number at this distance of time—those who actually signed the deed were only six.
JOHN CHARLES BRADLEY . In 1865, I was traveller to Messrs, Braithwaite & Tringham—the defendant was a customer of the firm—in July; 1865, he was indebted to them rather over 100l.—I saw him in reference to the pay-ment—we were pressing him for payment—I never advised him to part with his shops to his relatives—I don't know the circumstances under which the firm executed the deed—I was not aware, till some time afterwards, that he had transferred his businesses to his nephews and nieces.
Cross-examined by MR. METCALFE. Q. You know that the firm did execute the deed? A. Yes—I believe they did—the signature is in Mr. Tringham's writing—I never advised the prisoner to execute it—we had considerable difficulty in getting money from the prisoner—very likely I said something to him about contracting his businesses and getting rid of some of his shops, but not to his nephews and nieces—I might have said there were too many irons in the fire—I heard that he owed a niece something like 100l.—I did not advise him to pay her with one of his shops.
DICK HADLOW BUXTON . In 1865, I was a paraffin dealer, in Smith Street, Walworth—I had transactions with the defendant in that year and the year before—in May, 1865, he was indebted to me in about 180l.—I pressed him for payment, and he gave me two bills of exchange—they fell due on 10th September—he said he could not pay them, and asked me to come down on Tuesday, the 12th—he then said he could not pay them, and he had a judgment coming in—he said that he had seen his creditors, and they had advised him to show a clean breast, and they would stand by him—he mentioned Mr. Holdsworth in particular—he said he had employed a respectable solicitor, Mr. Boydell, whose father had been Lord Mayor, and that Messrs. Braithwaite and Tringham had consented to become trustees, and he asked me to sign the deed to become co-trustee with them—I suggested a meeting of creditors, and he said there was no time, as there was a judgment coming in, and I must sign the deed to protect myself and other creditors—he showed me a statement of affairs, showing something like 5s. in the pound—I think the debts were about 4000l. and the assets 1300l., as near as I can recollect—after I had some conversation, Mr. Perry came in and produced the deed—I knew him by sight—I have not seen him here—I took possession as trustee under the deed, of the two places at Leader Street, and 3, Bretten Terrace—I was not aware of any assignment of the other businesses in the previous August—I received about 300l. while I was in possession-up to October 20th I received 300l. 6s. 0 1/2 d., and paid up to the same date, 268l. 0s. 2 1/2 d.; and from that date to November 25th I received 161l. 2s. 6 1/2 d., and paid 175l. 14s. 8d.—that just got rid of the balance—I supplied goods for carrying on the businesses to that date—Joseph Hall was the shopman in charge—he took possession on my behalf—the defendant remained living
there the whole of the time—I was there three or four times a week myself, and sometimes more often—I have been there till after the shop has been closed—I left at different hours—occasionally I was there all day, and some-times not at all.
Cross-examined by MR. METCALFE. Q. Was there a good stock on the premises when you took possession? A. Yes—both at Bretten Terrace and Leader Street—I carried the business on the same as usual—I ordered goods, and the shopman had instructions to pay for everything that came—the father was there to within a week or fortnight before the shop was closed—he disappeared when the messenger took possession—he said it was all his, and threatened to kick me out several times—I furnished accounts to the assignees, through my solicitor—Mr. Perry was at the Police Court, and was examined on behalf of the prosecution—he was there on two occasions—Mr. Boydell was not examined then—I was told a great number of creditors had assented to the deed.
MR. GIFFARD. Q. Who told you that? A. Mr. Perry or Mr. Hall—the father was old and infirm—he seemed a most extraordinary man.
JOSHUA HALE . I am a partner in the firm of Warren Stormes Hale & Sons, tallow chandlers, and in 1865 I was managing the business—my father was then Lord Mayor—I have known the name of William Hall as a customer for some time—I was applied to sign the deed—I can't say who came to me—I signed it—I was not aware at all of any previous transfers of the businesses of Hall when I signed it—I never advised him to make a deed.
DAVID BUMSTEAD . I am in business in Thames Street, and am a creditor of William Hall's—I signed this deed in the presence of the person who attested—I was not aware of any previous transfers of businesses belonging to him when I signed it.
Cross-examined. Q. I see you signed for 11l. 16s. 8d.? A. Yes—I had no knowledge whether he had five shops or two.
Cross-examined. Q. Did you know that he had three businesses besides the two shops? A. No, that I did not—I signed for 28l.
JOHN TRINGHAM . I am a member of the firm of Braithwaite & Tringham—I signed this deed—at that time I became a trustee—Mr. Perry asked me to be a trustee—I said it would be better to have a meeting of creditors, that it was the first intimation we had had of anything wrong with Mr. Hall, and that the matter should be properly investigated—I afterwards assented to the deed—I was not then aware that the shops at King's Road and Bridge Road, Battersea, and the household property at Leader Street, had been disposed of to his nephews and nieces.
Cross-examined by MR. METCALFE. Q. Were you aware that he had such property? A. Yes—I had called on him, and seen his premises at Bretten Terrace and Leader Street—I heard from him that he had other businesses, but I did not see them—he said that was the reason he was behind in his accounts—I never said anything to him about contracting his business.
JOHN ALDERSON . In 1864 I was clerk to Mr. Arthur Alexander Corsellis, solicitor, of Wandsworth—he was concerned for Thomas Milward Hall, the father of the defendant—I attested this deed between William Hall and
Thomas Milward Hall—(This was a transfer of all the stock trade, and other things in the shop, at 3, Bretten, Terrace, from Thomas Milward Hall to his son, William Hall)—There are three other deeds to carry out the agreement.
JOHN HENRY HARMSWORTH . I am clerk to Messrs. Green & Sons, auctioneers, St. Michael's Alley, Cornhill—on 21st November, 1865, I went to 3, Bretten Terrace, and found a messenger from the Court of Bankruptcy there—I also took possession of the Leader Street shop—I made an inventory of the effects, and advertised the property for sale—the prices were fair and proper—the amount received was 127l. 15s. 7d.—after the expenses were paid, it left a balance of 74l. 7s. 4d.—that does not include the messenger's charges—we merely had to do with Leader Street, and Bretten Terrace—no account books were sold at the sale.
Cross-examined by MR. METCALFE. Q. Were there any advertisements about Leader Street, or any public sales? A. I am not certain—I should be inclined to think there were—it was sold by private contract to Mr. Hall's shopman, on 18th December, for 51l. 14s. 6d. including the book debts—the good-will was 80l.—the amount of book debts was 8l.—that was after the assignees had carried on the business for some time.
CHARLES HUGHES . I was clerk to the official assignee in bankruptcy, Mr. Graham, in 1865—I received two books, Nos. 1 and 2, from the messenger under Hall's bankruptcy—five other books were given up by the bankrupt in 1868—they were handed over tome with the rest of the papers.
JOHN HUMPHRIES . I am in the employment of Messrs. Nicholls & Leatherdale, accountants, of Old Jewry Chambers—we were employed on 19th July, 1865, by Blundell, Spence & Co., creditors of William Hall—on or about the 19th I called at 3, Bretten Terrace, and saw him—I told him I had called for an account of 217l., due to Messrs. Blundell, Spence & Co.—he told me he was unable then to pay it, but he said that he would pay 20l. per month—I asked him as to his position, and he told me that Messrs. Blundell, Spence & Co. need not be afraid, that he was well able to pay them their account—I called on him again on the 12th or 18th September, in consequence of directions from Mr. Holdsworth—I told him that Mr. Holdsworth had been with us, and had mentioned that he was endeavouring to make some arrangement with his creditors, and he had sent me to make inquiries as to his position—he refused to allow me to go through his books, and said he would allow no one to go through them, and I then told him that unless he would lay before his creditors some statement properly verified, that I was satisfied Mr. Holdsworth would not accept any composition—I did not see him again till he was before the Magistrate—after the bankruptcy Mr. Leatherdale acted as the manager of the estate, appointed by the Court of Bankruptcy—the books of the bankrupt were placed in our hands—we received three books at first—one was a ledger, showing amounts of goods supplied to small customers—there are not many entries in it—we have applied for those accounts, and have not recovered a penny—I only applied for one account myself—there are accounts amount-ing to 192l.—there were only three applied for, they were over 10l.—the other book is a day book, but I can't find that—I had it—the third book shows the entries of goods supplied to the different shops—it commences on 1st June, 1865, and goes down to 15th August, 1865—the shops supplied were Leader Street, Battersea, and Alma—the fourth book contains a few entries of trade expenses, from 1st June to 14th June, 1865—there are
twelve entries in that book—No. 5 was used as a bought ledger, between January and April 27th, 1865—No. 6 is a debit ledger—the first entry is May, 1861, and the last 19th October, 1865—there are twenty-four unbalanced accounts in that ledger—only three of them are over 10l.—there is also an account of Richard Samuel Hall—there is no entry in that account of moneys lent by Richard Samuel Hall to William Hall—they are entries of goods sold by the bankrupt to Richard Samuel Hall, and goods received from him—there are entries of small balances paid—after the 12th July, 1865, there are about twenty entries of goods from William Hall to Richard Samuel Hall—No. 7 is a day book—that commences on 1st April, 1868—the last entry is 25th November, 1865—on the 20th April I find an entry in the name of Powell—that is brought forward to the office ledger—there is no office ledger amongst the books—there are no materials in those books from which I could collect 1000l. of debts—nothing like it—there are no entries of any cash account at all—there is no record of transactions with Henry Hawkins, Emily Mountford, Sarah Ann Mount-ford or Mrs. Clements, or Mrs. Hawkins—and there is no record of any transaction with Richard Samuel Hall, except the one to which I have referred.
Cross-examined by MR. METCALFE. Q. When did you first receive any of the books? A. Within about three months of the filing of the petition—I was aware the assignees had continued the business—I don't think those books contain entries of the business done by them—we got the books from the official assignee—I saw by Mr. Graham's books that three books had been handed to him in the first place, and they were handed to me.
The second examination of the bankrupt, on the 11th January, 1866, was then read.
Cross-examined by MR. METCALFE. Q. You have been conducting the proceedings in bankruptcy? A. In the early stage I did—the examination of Henry Hawkins was taken on 25th January, 1866—I had an illness, and have not touched the matter since—I can't tell you when criminal proceedings were commenced—I had not seen the prisoner before the statement of Joseph Hall, for more than two or three years.
Witnesses for the Defence.
RICHARD SAMUEL HALL . I am the prisoner's nephew—I have carried on business at 32, Lower Marsh, Lambeth, for seventeen or eighteen years—I have sent goods to the prisoner from time to time, and he has also sent goods to me—if he had goods suitable for me I had them from him, and he had goods from me in the same way—we have done business in that way for a number of years; we kept an account between us—I have lent him money on different occasions—on 14th August, 1865, he owed me 254l., for money lent—I began to lend him money in September, 1861—I also paid 50l. to Mr. Finch, for the lease of 13, Bridge Street, Battersea—I paid him with this cheque (produced)—that made the amount 304l.—in payment for that debt I took the premises at 13, Bridge Road, from the prisoner, by agreement—the agreement was attested by Mr. Perry—I don't know where
he is now—he was examined at the Police Court, for the prosecution; I have not seen him since—the money that I had advanced before to the defendant still remains due—the consideration for the agreement was two cheques for 80l. and 50l., and a bill for 30l.; there was also a deposit of 20l. cash—I had to pay the rent that was due, 6l. and 15s., rates and taxes—this is the agreement between us—(This was an agreement by William Hall, Bridge Road, Battersea, to let and sell the business at Bridge Road, for 52l., to Richard Samuel Hall; and alto the stock-in-trade, for 192l. 17s. 9d.)—I had 100l. belonging to Mr. Hawkins in my possession, up to the end of 1864—he then had it away from me—he is my brother-in-law—I know nothing about his purchase—Mrs. Clements is my cousin—I assisted in taking stock for her purchase—that was at the King's Road shop—that was about the 16th or 17th August—I know nothing further than that about that transaction.
Cross-examined by MR. GIFFARD. Q. How long have you carried on business? A. Seventeen or eighteen years—I have had a banking account about twelve years—I have been on terms of great intimacy and friendship with my uncle—I did not know that he was about to dispose of two other businesses besides the one he had disposed of to me—between 20th August and 30th September I received about 82l. worth of goods from him—I have no account of the money lent to him—I have got a day-book; but not a cash-book—I took I O U's at the time the money was lent—I have not got them; I have mislaid them—they were produced at the Bankruptcy Court—they were not produced when I made this bargain with my uncle—we valued the business between us—I saw Mr. Perry at the shop at Battersea—he drew up the agreement—I made arrangements with the prisoner's father first, and paid a deposit of 20l.—he spoke about disposing of the business, and I said I would have it, and paid him the deposit for it—I thought it was the father's business, as the business had been carried on in his name—I concluded the son was the manager for the old man—the agreement does not say so—Perry drew the agreement up, while stock was being taken, at the shop—I paid the 20l. deposit in cash—I got nothing to show that I had paid it—I was examined at the Bankruptcy Court—I did not say that I paid the 20l. to the father then; I was not asked—I paid the purchase-money at Bretten Terrace—I paid two cheques and a bill for 30l.; it was not an accommodation bill—it was drawn by Mr. Dungey, and payable to William Hall, and accepted by him—the bill was paid four months after date; I paid it—Mr. Dungey is an undertaker, I believe—I paid the bill to the man who discounted it for Mr. Dungey—it was dated 15th July—it would come due in November—I put my name at the back of it a day or two after it was accepted; it did not remain in my possession at all—I did not see it again till I paid it—I did not know on 14th August that the prisoner was going to become bankrupt—I was not sued upon the bill—I paid it in money—I don't recollect the name of the man I paid—I was applied to when it was due—I suppose these questions were not asked me at the Bankruptcy Court—I answered all the questions put to me—the money I advanced to the prisoner came out of my business—I had four shops at that time—I have more now—32, Lower Marsh, was the principal shop—there had been cross payments between myself and the defendant for some time—there is no sum of 3l. 3s. entered in my book—I have 3l. 4s. 8d., 10s. 3d., 8l. 8s. 7 1/2 d., 1l. 5s., and 3l. 2s. 10d., in August—I duresay I gave him a cheque for 11l. 16s. 6d. on 19th August—I don't
recollect; I have not got the cheque here—I have an entry on 14th August of 3l. 2s. 10d.—I won't swear that it was written on the 14th; it was either written on that day or before—I can't account for my uncle representing on 10th August that we had balanced accounts by a payment of 1l. 18s. 6d.—it is not correct—there is an entry in my uncle's book of a cheque for 11l. 16s. 6d. on 19th August—I should think that was true—I have it settled August 22nd, 11l. 11s. 9d.—I have not got the exact amount—I can't account for that—I suppose I have not entered it—my uncle said he wanted money of me for his father, who was building largely at Battersea—I don't recollect saying in the Bankruptcy Court "I cannot tell what was the pressure on my uncle to induce him to borrow money; he did not tell me, and I did not inquire; I only know I lent it him"—I may have said so before the Magistrate; I think I contradicted it afterwards, at the second examination—(The witness's depositions being read stated, "I remember, when the money teas lent, the father was building at Battersea.")
MR. METCALFE. Q. Was he building at Battersea? A. Yes, a number of houses—my business is mostly a ready money one—I produced the I O Us that have been mentioned, at the Bankruptcy Court; that was four years ago—I was subpoenaed by Mr. Davis, the attorney for the prosecution, to attend there—I was called as a witness before the Magistrate, on behalf of the prosecution, and I then made the statement I have made here to-day.
EMILY CLEMENTS . My name was Mountford before I was married—I am now the wife of Henry Clements—he carries on business at 4, Bridge Street, Battersea—the prisoner is my uncle—before I was married I lent him money; up to 14th August, 1865, I lent him 114l.—the money was left to me, in 1864, by my father—I began to lend it to the prisoner soon after that—Is lent him 100l. first, and then 14l. 12s.—I had an I O U from him for it—I don't know what has become of that; I produced it at the Bankruptcy Court—I was subpoenaed to go there—Mr. Perry was acting for the prisoner in the Bankruptcy Court; he has ail my papers—I have not seen the I O U since—on 17th August I took the business at King's Road, the Alma, for the money I had advanced to him—I had to pay rates and taxes when I got in; I think I had to pay ground rent—Mr. Richard Hall took stock of the things—I did not know Mr. Clements at the time I took the shop—after I went into the shop, I gave the prisoner a promissory note for 27l.—I asked my uncle for the money before; I asked his father first, and then the prisoner—he said he was not prepared to pay just then—his father proposed that I should have the business for my money—the business was for sale—he said, several times, that he should sell them all—I don't know how long that was before I bought it—there was some furniture removed from Bretten Terrace; I had it while I was there—some of it the old gentleman gave me, the prisoner's father—some time before I left Bretten Terrace, it was removed next door, to Miss Shinn's; that was about the beginning of the year—it was removed from there to the Alma shop, 352, King's Road, and afterwards to my home at Battersea.
Cross-examined by MR. GIFFARD. Q. When you went to live at your uncle's first, had you any occupation at all? A. No; I assisted in the house, and managed his affairs—I had no other money besides the 114l.—I had only one I O U for 114l. 12s.—I gave him 100l. first, and the 14l. 12s. a week or two after—the I O U was given on the second occasion
—it had no date—when I was examined at the Bankruptcy Court, the father was alive—I don't know that I said then that he proposed I should have the business; I did if I wag asked—I meant to have carried on the business when I bought it—I was not married till January, 1867—this was in 1865—I had a manager, a man named Ashley; he was manager before I went there—I was not aware that my uncle was in difficulties—I did not know of the transfer of the other businesses—I don't remember hearing anything about a deed given to Buxton—Mr. Perry ordered persons to manage the purchase for me—the prisoner introduced me to him.
MR. METCALFE. Q. Were you examined at the Police Court? A. Yes, I made a statement there and also at the Bankruptcy Court—I did not carry on the business at the Alma shop for twelve months—I gave it up when I was going to be married.
COURT. Q. Did you sell it? A. Yes, I sold it for a couple of hundred, I think—it might have been 150l.—I can't exactly say what it was—I sold it to a Mr. Belton—Mr. Richard Samuel Hall assisted me to sell it.
HENRY HAWKINS . I live at 30, Bridge Road, Battersea—I am manager to Richard Hall, 154, Lambeth Walk—I have been in his service twelve or thirteen years—I married the sister of the last witness, Sarah Ann Mount-ford in August, 1864—I continued with Richard Hall till August, 1865—I visited at Bretten Terrace—I lent the prisoner money—about 200l. altogether—three 50l. and two 20l.—the first was in October, 1864, 50l.—I had five I O Us to show for the 200l. in August, 1865—in that month I purchased from him the factory at High Street, Battersea, for the money I had lent him—I had to pay a small amount due for rent—I asked Mr. Hall several times for my money; the business was for sale, and I bought it—I spoke to his father about it, in his presence—I believe it had been put up for auction—I bought it with the intention of carrying on the business—I gave a fair price for it in my opinion—too much—if I had been paying the money in cash I should not have given so much—my wife advanced him 100l.—that was before she was married—I had a promissory note for 81l.—that is still unpaid—I delivered up the I O Us at the settlement—I have not seen them since—I did not carry the business on—I tried to get a partner to work it—I could not do that, and I tried to dispose of it by private contract; I could not do so, and as the lease was nearly run out, I sold it by auction on the 8th or 9th August last—I have not heard yet what it has realized—I had not got the capital to carry it on—I wanted to get a partner with some capital.
Cross-examined by MR. GIFFARD. Q. What business had you carried on before the purchase? A. I have not carried on any business—I have managed for Mr. Richard Hall—I got 35s. a week from 1864, and 1l. a week before that—I then had board and lodging, and a percentage on the profits, 1d. or 2d. in the pound—I was able to save the money I lent out of that—I did not know of the loans by Sarah Ann Mountford before I married her—I did not put my money in a bank, I kept it at home, in a box—Mr. Richard Hall had 100l. of mine, and I drew that from him—that was in October, 1864—Mr. Perry managed the sale for me—I did not know of the other transfer to Emily Mountford—I did not know the prisoner was embarrassed at all, and likely to become a bankrupt—I don't know where Mr. Perry is now—I saw him on the 10th or 11th of this month—he employed the auctioneer in my sale—I knew ray wife had money, but I did not interfere with it—I knew she was going to draw it
out and lend to her uncle, Mr. Hall—I did not go with her to draw it out—she drew it out in November, 1864.
MR. METCALFE. Q. Did she bring back an I O U for it? A. Yes—she has been recently confined, and could not come here to-day—I was called at the Bankruptcy Court in January, 1866, and at the Police Court, by the prosecution—I gave them the statements that I have given to-day—I produced my papers then.
GUILTY on the counts for disposing of his goods with intent to defraud his creditors. — Twelve Months' Imprisonment.
MR. METCALFE conducted the Prosecution; and MR. BESLEY the Defence.
JACOB MYERS . I am a furrier, carrying on business at 25, Goldsmith Street, Whitechapel—I work for Messrs. Christy; they order caps, and I make them up—I buy the fur myself—during Easter week I went with a person named Reynolds to the prisoner's public-house, at Whitechapel—I saw a sealskin cap lying about in the parlour, of my own make—I asked the prisoner whether he purchased it at Christy's—he said, "Is it your own work?"—I said, "Yes"—he did not say whether he bought it at Christy's—he knew I worked for them—Mr. Reynolds is the prisoner's cousin—the prisoner they asked me if I could alter the cap for him into a turban shape—I took it home and altered it—he asked me if I would buy five sealskin caps—I looked at them, and found they were my own make—I asked what he wanted for them—he said 5s.—I said I would not take them then, and went home to alter his cap—I went and made a communication to Messrs. Christy—they gave me the money to go and purchase the caps—I went and saw the prisoner; he showed me the five caps again—I gave him 5s. each for them—I charge Messrs. Christy 13s. for some of them, without the lining—I took them to Christy's after I bought them—on the Friday following, the prisoner came to my place, and said, "I have got a new lot of cape for you"—I went and saw him on the Saturday—the caps were brought from up stairs, in a shawl, or something of that sort—there were eighteen sealskin caps, and twenty-eight Balmoral caps—I gave him 5s. each for the eighteen caps, and 24s. for the Balmorals—he showed me a sealskin waistcoat, and said I must take that as well, as it was of no use to him, and I gave him 12s. for it—I paid him 6l. 6s. for the whole—on 12th July he came to me, and said he had some more caps—I went to his place, and saw thirteen more sealskin—he wanted 6d. more for those—I said I could not purchase them then, and went out—the officers went in and took him—those caps were lined—I called his attention to the lining being rubbed in one of the caps—he said, "I did not do it"—I asked him once for a receipt—he said he had the receipt of his own, but he gave none, and I did not ask him again—Reynolds was only present on the first occasion.
Cross-examined. Q. How long have you been a furrier? A. Twenty-five years—I am a good judge of the value of skins—they vary very much in price—the caps vary from 4s. up to 13s.—Messrs. Christy put the lining in themselves—Reynolds is the prisoner's cousin—I have seen him here to-day—he has been in Christy's employ a number of years—I met him in the street, and he suggested that we should have something to drink, and we
went to Smith's house—nothing was sold to me the first time—I did not ask the prisoner whether he could get some caps to sell to me—I will swear I never invited him to get me caps—he said, on the second occasion, that he did not know the value of the caps, but he sold them at a little profit—I took away the cap to alter the first time—I went to the public-house several times between that and purchasing the five caps—I don't know that I mentioned before that the prisoner came to me; I was not asked the question—he did not offer to give me a receipt, and I did not say, "Never mind"—I made some of the caps five months ago, and some one month—I have caps returned to me from Christy's, but only to alter or stretch, and I return them afterwards.
CHARLES REYNOLDS . I am in the employ of Messrs. Christy—the prisoner is my cousin—I remember, about Easter, going with the last witness to the prisoner's house—I saw a cap there—Myers asked me if it did not look like his make—I said, "Very much"—the prisoner was present—I have worked for Christy's nine years and a half—I was warehouseman—the prisoner knew I worked there—I have charge of the sealskin caps; they are kept in boxes of half-a-dozen, or a dozen—I have nothing to do with the Balmoral caps—we have missed sealskin caps of this description to a large extent between March and June—I counted the caps on 28th June; they had been counted before that, on 8th March—I found a quantity were missing, about four dozen—they vary in value—this one I have in my hand is 6s.—I identify these caps as belonging to Messrs. Christy.
Cross-examined. Q. Are you now in Messrs. Christy's service? A. Yes—I knew nothing about the prisoner being taken on this charge till a fortnight ago—I did not see a man brought round to point out the thief if he could—I did not know I was shown to him—the prisoner is entitled to property under his father's will—he has borne a respectable character up to the present time.
JUDAH HENRY MYERS . I am brother-in-law to the first witness—on Friday, 9th July, the prisoner came to his house—he said, "I have a nice lot of caps for you," and he promised to go on the Friday evening—I went with my brother-in-law, on 14th June, to the prisoner's place, where he purchased eighteen sealskin caps, at 5s. each—I was in the bar—he asked me to go with him, and not allow Mr. Smith to see me.
Cross-examined. Q. What time in the day was it? A. Between 5 and 6 in the afternoon—I had something to drink while he was doing his business—I appeared to be a stranger to Mr. Myers—I heard what took place—I was not present at any other interview between them.
THOMAS SMART (City Detective). On 12th July, I went with Baldwin to the (George Inn public-house, kept by the prisoner—I had seen Myers previously—I went in shortly after he came out—I had some conversation with Mr. Smith, and got into the bagatelle room behind the parlour—I then said, "I understand, Mr. Smith, you have been dealing in sealskin cape?"—after a moment, he said he had—I said, "I believe you have some in the house now?"—he said he had—I said, "Will you produce them, please?"—he called to someone in the bar-parlour, who gave these thirteen caps (produced) to him in the bagatelle room—I asked him if he had receipts—he said he bought them from a marine store dealer, whose name, he believed, was Green, who lived in Rosemary Lane, Royal Mint Street—I asked him for the number of the house, and he was unable to tell me—he searched his file and produced these two slips of paper; one is, "11th May, 1869.
Received of Mr. William Smith the sum of 15s., for six sealskin caps. George Green"—I am not sure whether it is 15s. or 18s.; I take it to be 15s.—the second is, "June 12th, 1869. Received of Mr. William Smith, 1l. 8s., for seven sealskin caps and fourteen woollen caps. George Green"—I asked him if he had any receipt for the thirteen caps—he said he had not, the person was drunk at the time, and could not give him one—I suggested that Baldwin should go and find Green—he wanted to go and find Green himself—I have since found Green out, and he is here—I found this paper in his pocket (Read: "Tell Mr. Green to send the things in by the boy")—It is written on the back of a receipt for some cigars, dated 29th June, 1869.
Cross-examined. Q. When you asked him about the thirteen caps, did he say he paid 2l. for them? A. Yes—he said he had been selling the caps, directly I asked him—two or three days before this, the prisoner had complained of his bagatelle balls being stolen—he had been to the police about them previously—Green was present at the Mansion House—he was not called.
SAMUEL JOSEPH CHURCH . I am manager of the cap department at Messrs. Christy's—these cape were under my care—Myers made a statement to me, and showed me a cap, and from that time he acted under my directions—I was endeavouring to ascertain how the caps were going from our establish-ment—I missed a quantity of caps—I have not been able to ascertain, satisfactorily how they have been stolen—I find caps that I marked amongst those bought from the prisoner—I marked them in the early part of June, and missed them two or three days afterwards—these cape have not been sold—we have not sold caps of this description since the early part of the year.
Cross-examined. Q. Is there much sale for them in the spring of the year? A. No—we had not had a transaction for months—other persons sell them besides me—if we ore dissatisfied with the cape, we send them back to be altered—Mr. Green was taken over our establishment, to see if he could identify the thief—that was after the prisoner was charged—the prisoner has offered to assist me since he has been out on bail; I did not refuse—he wrote to me to appoint a time for him to see all the work people; I did so, and he did not keep his appointment—I saw him on the following Friday, and he then applied to see the work people—I took a list of the absentees on the first occasion, when he did not come—I had not got a list on the second occasion, and I said he had better let the matter stand over—he said he had some engagement, and that was the reason he had not kept his appointment.
The prisoners statement before the Magistrate: "All that I have to say is that I am innocent I leave the case in the hands of my counsel. I was not aware the things were stolen. I believed I was giving a good price for them, and was selling them at a small profit.
The prisoner received an excellent character.
GUILTY—Recommended to mercy by the Jury. Twelve Months' Imprisonment.
Before Mr. Justice Montague Smith.
768. GEORGE SMITH, alias WHITE (20), ALFRED JONES (19), and THOMAS EDWARDS (18) , Burglariously breaking and entering the dwelling-house of John Joseph George, and stealing therein four table covers, and other articles, his property.
MR. LEIGH conducted the Prosecution.
CHARLES GEORGE . I am a cabinet maker, and live at Oliver Road, Leyton—on Friday, 30th July, between 1 and 2 o'clock, I was called up by the police—I found my house had been entered by the parlour window, by lifting up the sash—I missed certain articles, to the value of 3l. or 4l. which were all safe the night before—there were four table covers, two decanters, one containing rum, and the other port, an umbrella, some linen, and some silver—the constable has got them—these (produced) are them—I saw that the constable, Armstrong, was bleeding at the side of the head.
COURT. Q. Had the windows been fastened? A. That I won't say—nothing was broken; but twenty or thirty tall flowers had been taken down from the window, and the sash lifted up.
JOHN ARMSTRONG (Policeman N R 75). On Friday morning, 30th July, about 1 o'clock, I was on duty in the Oliver Road, Leyton, and saw the three prisoners coming out of the prosecutor's parlour window—I was within about two yards and a half of them—there was a high iron fence between me and them, and the gate was locked—it was quite light enough for me to distinguish them; I had got my lamp, and the moon was shining—I swear positively to the prisoners—I had hold of Smith afterwards—I can't be mistaken about it—when they got to of the window, they threw a bundle over the side wall of the garden, and jumped over the wall after it—I went round into Wilmot Road, and met them—I saw them all three together, getting over the garden wall into the Wilmot Road—they ran away—I followed, and caught hold of Smith, who goes by the name of White—the other two then turned back, and assaulted me with either a brick or a stone, on the head—they made my head bleed—they rescued Smith out of my custody, and all got away—I afterwards apprehended Smith and Jones at Barnet in the Bell, beer-shop, on Sunday, 1st August—after they got away I went back to Mr. George's premises, and called him up, and found this bundle in the garden, where I had seen the prisoners throw it.
Smith. Q. When you came into the beer-shop, at Barnet, why did you not take me at once? A. I went to the door to let the Barnet policeman know that you were there—J was not in and out three different times—I identified you at once, find Jones was thereat the same time—I told you the charge when I got you outside—Barnet is about fourteen miles from Leyton—you had on the same clothes you have now, to all appearances—you told me you were at Barnet on the Thursday night, at the Star coffee-house—I went there, and found it was false—I am sure you did not say Friday night.
James. Q. If you were sure I was one of the men, what made you fetch the master of the house, and ask which was the other man that came in with him? A. I did not; there was a young man there who lived at Barnet, who I told not to leave, when he wanted to go out—that was not because I had any doubt about him—I told him afterwards that he could go—I did not ask you where you slept on Thursday night—you said you slept there on the Thursday night.
Edwards. Q. When did you apprehend me? A. On Wednesday, 4th August, on Stratford Bridge—I had not seen you since the robbery, that I am aware of—I did not see you at Stratford when the other prisoners were having their hearing, on the Monday.
COURT. Q. Had you ever seen either of these men before? A. Not that I am aware of—the wall over which they threw the bundle is about a yard from the window, close to it; it runs from the iron fence to the house—they threw the bundle over the wall as soon as they saw me, and then jumped over the wall—they were dressed the same as they are at present—they all three had round hats on.
MATTHEW NEWLAND (Policeman N 227). I am stationed at Walthamstow—in consequence of information, I went with Armstrong to Barnet, and assisted in taking Smith and Jones into custody—I told them the charge—they said they had slept at the Star public-house, High Street, Barnet—I made inquires whether that was true.
COURT. Q. Just state what passed when you took them? A. I asked where they were on the Thursday night, that was on the 29th—they said they were in the Star public-house, High Street, Barnet—I mentioned the date—I said before the Magistrate that I asked them where they slept on the Thursday night; if it is Friday in the deposition it must be a mistake.
Jones. Q. Did not Armstrong stand at the door, and ask the master of the house who the other man was that came in with Smith? A. No—he pointed Smith out as he was lying in the corner of the room—he did not point you out—we were looking for the third man—there were a great many persons in the room.
Edwards. Q. Why did not you take me off Stratford Bridge there and then; you came up to me and took off my cap and said, "Have you seen Brady?" A. I did not—Armstrong took you, not me; he pointed you out to me, sitting on the bridge with three or four more—he did not take off your cap and examine your head.
Smith's Defence. I have witnesses to prove where I was on the Thursday night when this robbery was done.
JOSEPH WHITE . I am the prisoner's (Smith's) brother, and live at 71, Bennett's Terrace, Stratford New Town—I am a labourer—I heard of my brother being apprehended—I know where he was on that Thursday night—about 9.30 I saw him and Jones at the Railway Tavern—we had three pots of beer there; we came out about 10.45, and then went to the Yorkshire Grey, just over Stratford Bridge—we had two pots more beer there—we came away from there at 11 o'clock; me, the two prisoners, a young woman, and Jones' brother—we went to where Jones lived—when we got near there they went for a half-gallon of beer hi a can, and they asked me to have a good drink before I went home—I left them going in at the door where Jones lived at 11.30—next morning I went round that way about 5.30, to call for a young chap who was going to the Docks, and I saw the two prisoners, Jones' brothers, and the young woman, all come out together from the house where Jones lives, and they went into a coffee-shop and had their breakfast—I asked them where they were going to, and they said they were going towards Watford, through Barnet, and that way—my brother gave me 2 1/2 d., and said good bye, and so they left.
Cross-examined. Q. Were you examined before the Magistrate? A. No, I was harvesting; I did not know that my brother was in custody till I came from harvesting—I work at the Docks a good deal—I am not working for any one now—last Monday was the last work I did—I am living with my mother and uncle.
COURT. Q. What clothes had your brother on? A. He had an old light pair of trowsers belonging to me, and an old black coat.
HARRIETT WHISKIN . I live at 94, Leyton Road, Stratford New Town—I recollect Jones being apprehended—on the Thursday night previous to that he was in bed by 11.30—he lodged at my house—he went away at 5.30 on the Friday morning, and I have not seen him since till now—I don't know where he went—he came in at 11.30 on the Thursday night—I was up—he went up stairs—the two brothers, Joe and William, lodge at my house.
Cross-examined. Q. Does the prisoner Smith go by the name of White, sometimes? A. I know nothing about Smith—I do not keep company with him—I am a married woman, I have a husband and one child—my husband is a bricklayer, and works for Mr. Lines, of Henniker Road; he keeps the Princess Amelia—I have lived at 94, Leyton Road about four months—Jones has been lodging there a long time, he lodged with the people before I took the house, he lodged with me four months.
WILLIAM JONES . I am the prisoner's brother—I lodge at Stratford New Town, with my brother—Mrs. Seaborne keeps the house—Mrs. Whiskin is a lodger there, she lives down stairs—on the Thursday night before my brother was apprehended he was along with me from 7 o'clock till 6.30 on the Friday morning; we got up then, I was going to market—we were at a beer-shop on the Thursday evening, at 7 o'clock, having a pint of ale—we stopped there till shut up time, and went into Stratford about 11.30, when we came home—Smith and Jones were both with me all night long—my brother was in bed along with me all night; he slept with me.
COURT. Q. How do you get your living? A. I get a few things at Billingsgate and sell them on my head—I have lodged at that house since last Easter—I did lodge there about twelve months ago, but I left—Mrs. Whiskin has been there it may be about two months, or a little more; I don't know to a week or two—I was there before her—her husband is a bricklayer, I believe.
JURY. Q. Who were you in company with on this Thursday evening? A. I was in company with Edwards—he was along with us till about 9 o'clock, and then he went home, I believe—all three of them were with me, and three or four more, drinking together, in the Boar's Head—after Edwards left, the other two prisoners remained with me and two or three more—we went to the Bird in the Hand till about 11.30, and then came straight home—there was Joseph White, Roach, and Hennessey.
Cross-examined. Q. You say your name is Jones? A. Yes—my brother's name is Jones, and I am going in his name—mother had him before she was married—her name was Jones—my name is Spendelow—I thought I should like to say my name was Jones, or else, perhaps, you would not believe I was his brother—my mother's name was Spendelow when I was born, she was married then.
JURY. Q. How many persons actually went into Jones' lodging on this night? A. Four of us, the two prisoners, myself, and the young woman—she went in first, and we three went up together, and they remained with me all night.
HARRIET WHISKIN . (re-examined). When Jones came in at 11.30, I believe Smith came in with him; they slept together, I know—I saw him come in and Smith with him, nobody else—I have the three rooms down stairs, and they slept up stairs—I have nothing to do with them—they have one room up stairs, and pay 2s. a week for it; I mean the two brothers—Mrs. Seaborne is the landlady—she lives in the house—she has one room, the front room—I don't know whether Jones went out after he came in; I
went to bed—I opened the door to let him in—there ore no other lodgers—I believe they have a latch-key, but I neither heard them go out or come in after that—only two of them came in—I saw nothing of them between 11.30 and 5.30 in the morning—they had a latch-key to let themselves in and out—I don't know how far our house is from Leyton—I never was there.
MATTHEW NEWLAND (re-examined). I could get from the prosecutor's house to where the prisoners lodged in twenty minutes—I should think it is about a mile or a mile and a quarter; it might be a mile and a half.
JONES and EDWARDS PLEADED GUILTY to previous conviction.
JONES and EDWARDS— Twelve Months' Imprisonment each.
SMITH— Six Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MESSRS. COLERIDGE and GRAIN conducted the Prosecution.
Prisoner. Q. Are you sure I am the man? A. Yes—you gave me a good shilling, and I gave you the change.
EMMA HORTH . My husband keeps the Ship beer-house, Victoria Dock Road—on the afternoon of 26th July, between 3.30 and 4 o'clock, the prisoner came with a man in a white billy cock hat, who called for a glass of ale, and gave me 1s.—I put it in my pocket by itself, and gave him the change—the prisoner then asked for a bottle of ginger beer, and gave me a bad shilling—I said, "This is bad"—he said, "I will give you halfpence if you will give it me back"—I refused, except in a policeman's presence—he said, "I will soon fetch one," and went out—I went to the next public-house and I saw him speaking to a policeman—I said, "That is the man," and he pointed me out as the woman who had got his shilling—I gave it to the policeman—I then looked in my pocket for the shilling I received from the man in the white hat, found that was bad also, and gave it to the policeman.
EDWARD MOSS . I live at Barking Road—on 26th July, between 4 and 5 o'clock, I saw the prisoner detained by the policeman—I picked up two bad shillings from the ground, wrapped up, with tissue paper between them—I gave them to the constable.
Prisoner. Q. Did you see me drop them? A. No.
WILLIAM CROSS (Policeman K 506). I was duty in North Woolwich Road—the prisoner met me, and said, "I have been into a house for a bottle of ginger beer, offered a shilling, and the landlady says it is bad; I asked for a piece of it, and she will not give it to me back; I want you to come back and see if you can get it"—he said that he had changed a half-sovereign in the morning, at Fenchurch Street station, to go to North Woolwich Gardens—Mr. Horth came up, and said, "That is the man who gave me a bad shilling"—I received these two bad shillings from Mrs. Horth, and two from Miss, wrapped in tissue paper, which went between them—the prisoner gave two false addresses.
Prisoner. Q. Did she not say "Now you have got the prisoner you shall have the shilling?" A. No—you wanted to get away—I had hold of your
coat, and we had a scuffle together—I asked her five or six times to give you in charge—she said that she wanted the other man.
Prisoner's Defence. I received the shilling in change at North Woolwich Gardens. If I had known it was bad I should not have fetched a policeman, but should have gone a different road altogether.
GUILTY . He was further charged with having been before convicted.
Prisoner. Q. Are you sure I am the man? A. Yes; but I do not swear it.
—SHAW (Police Inspector). I was present at the prisoner's trial, in July, 1868—I am sure he is the person, and I also recognize him by his voice.
GUILTY**— Seven Years' Penal Servitude.
MR. GRAIN conducted the Prosecution.
THOMAS AUGUSTUS GRIMES . I keep the Spread Eagle, Manor Road, West Ham—on 24th July, in the afternoon, the prisoner came in, and my wife served him with a glass of ale—he gave her a half-crown—she said, "I think this is bad" and gave it to me—I found it was bad, and it was afterwards brought by Mr. Simpson—I gave it back to him.
JOHN SIMPSON . I am a carpenter, and live at Harrow Green, Leyton-stone—on 24th July I wan at Mr. Grimes', and the prisoner came in for a glass of ale—he gave her a half-crown—she said, "This is a bad one," and passed it to Mr. Grimes, who said, "This is a bad one, governor; where did you get it?"—he said, "At London Bridge"—he tried to break it, but could not; but I broke it—the prisoner left, and I followed him to Canning Town, where I went into Mr. Dennis', and told him something—shortly afterwards the prisoner came in—I had not lost sight of him—I saw him tender a half-crown, which was broken in two, and he was given in custody.
JOHN DENNIS . I am manager of the Britannia public-house, West Ham—on Sunday afternoon, 24th July, the prisoner came in for some lemonade and tobacco—he tendered a half-crown—I broke it, and sent for the police.
WILLIAM BROOKS (Policeman K 44). I was on duty—Mr. Dennis called me, and gave the prisoner into my custody—I searched him, and found a florin, a shilling, and fivepence, good money—he said that he got the half-crown where he changed a half-sovereign, at Plaistow.
GUILTY .— Two Years' Imprisonment.
MR. BRINDLEY conducted the Prosecution; and MR. WRIGHT the Defence,
GUILTY — Two Years' Imprisonment
MR. MOODY conducted the Prosecution.
WATSON STAFFORD . I live at West Ham—on Wednesday, 14th July, about 1 o'clock p.m, I was walking up West Ham—there is a pawnbroker's shop two or three doors from the police-station, and I saw the prisoners looking round the door where some trowsers were hanging outside—they saw me watching them, and walked on to an undertaker's shop; and as they went on they took hold of the handle of a door, but it was locked—they then went to a linen-draper's, and then to Mr. Mansfield's—Clark went inside and Carter stopped outside—Clark went in half a dozen times, at least, and at last he came out with something under his coat, joined Carter, and they went away together—I called Mr. Mansfield, and he and I went after them—they ran out of a urinal, in which Mr. Mansfield picked up this coat—I caught Carter—I saw Clark move a coat from the rack.
WILLIAM JAMES MANSFIELD . I am a clothier, of West Ham—on 14th July, Stafford Spoke to me—I went with him after the prisoners, and found them in a urinal—Carter ran away—I found in the urinal a coat from my shop, worth 14s., all over dirt—I had seen it safe just before.
JOHN WALSH (Policeman K 523). I am stationed at West Ham—on 14th July, the prisoners were given into my custody—I took Clark to the station, and Carter ran off, but was afterwards brought to the station.
Carter. Q. Did you see me run away? A. No, I did not sec you till you were brought to the station.
Carter's Defence. I had nothing to do with it. I met this man, who went to a shop, on pretence of buying some thread, and he came out with a coat.
CLARK— GUILTY . He was further charged with having been convicted at Clerkenwell, in May, 1868, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
CARTER— GUILTY — Twelve Months' Imprisonment.
Before. Mr. Recorder.
MR. LEIGH conducted the Prosecution.
FRANCIS KEMP . I was at the Spotted Dog, West Ham, on 26th July, on business—I heard a snap, put my hand to my pocket, looked down, and saw a man's hand go from my pocket—I collared him, and said that he had got my watch; he sold he had not—he was as close to me as he could stand—there was another man on my right, who was taken into custody and discharged—the watch has not been found—I am quite mire I saw the prisoner's hand leave my pocket, and that my watch was safe before, because I generally carry my thumb in my pocket—the watch was worth 5l.
Prisoner. Q. Were there a great many people? A. Yes; they did not squeeze themselves between you and me, I never let go of you till the policeman took you—I did not see the watch in your hand, but I swear you stole it.
GEORGE YOUNG (Policeman K 53). I was at the Spotted Dog, on 26th July, and heard someone call out that a watch had been lost—I made my way to the place, and found Kemp holding the prisoner by the collar; he gave him to my custody—another man was also taken, who was afterwards discharged—the watch has not been found.
Prisoner. Q. Who did he have hold of besides me? A. He had his hands on the other man as well as on you.
Prisoner's Defence. Is there enough evidence to convict me of any crime? He could have seen the watch in my hand if I had it; they searched me when they got me out of the crowd, but they found nothing. They made me undress myself at the station, but found nothing. The other man could pay for a solicitor, and he got off. I could have got the case settled at ford, and should not have got more than three months'; but I preferred to wait in prison a month to be tried.
NOT GUILTY .
Before Lord Chief Baron Kelly.
774. JOHN INGRAM (22), CHARLES SMITH (21), and DANIEL HOLMES (22) , Burglariously breaking and entering the dwelling-house of the Kent Waterworks Company, and stealing therein 3l. 4s. 7d., their property. Second Count—Describing it as the dwelling-house of William Richard Morris.
MR. POLAND conducted the, Prosecution; and MESSRS. RIBTON and INGRAM defended Smith, and MR. PATER defended Holmes.
THOMAS KITTMER . I am a detective sergeant of the R Division—on Sunday morning, 8th August, I was on duty, in plain clothes, with Hodgkinson another officer, about 2.15, in Mill Lane, Deptford, near the offices of the Kent Waterworks Company—this (produced) is a photograph of the front of the premises—I saw a light in the windows of the office at the side of the house—those windows are about a yard from the road; there are some iron railings in front—we looked through the windows, and saw the prisoners Ingram and Smith ransacking the drawers and turning over papers—I knew them by sight and by name previously, and have known them this seven or eight months—I left Hodgkinson to watch in front, and went to the house of Luke, the foreman of the works—I returned with Luke in about three minutes—he went in at the side, and went round behind the premises—I joined Hodgkinson in front—while we were there the front door of the office was opened, and immediately we were recognized it way closed again—we then went to the side of the house-Luke came to the fence and said, "Here they are, very busy"—he then went round to the back, and in trying to go in at the bock he broke a pant of glass, which disturbed them—I then heard Luke crying for assistance at the back of the premises—I was assisted over the palings, so as to get to the back, and I found Luke in a struggle with Ingram outside the board room, just under the window—I took Ingram into custody; he became very violent, caught me round the legs, and endeavoured to throw me over an iron paling into the River Ravensborne—we closed, and rolled over and over on the pavement, and I was obliged to use my life-preserver, and knock him down—Mr. Merris, who lives on the premises, and the other constable then came to the back, and we secured Ingram; we tied his hands and feet with cords, and procured a stretcher and took him to the station-house—I did not see anything of the other two prisoners at that time—I found a pane of glass broken in the board room window, immediately above the catch—that was not the pane that Luke broke—there was a wire blind to the bottom of the window—the top of the window had been pulled right down—Mr. Morris showed me a
knife which had been found; it was a plain table-knife—I tried it to see whether it would go in between the rushes of the window and push the lock back, but it would not—I examined the interior of the premises, there were broken pieces of glass lying all over the carpet inside the board room; that was from the pane that was broken—I went through the board room into the office, and found the drawers broken open, and papers scattered about—I found a two-shilling piece and a shilling lying on the stone balcony outside the board room window.
Cross-examined by MR. RIBTON. Q. You say you knew Smith before; had you ever spoken to him? A. Oh, yes—I had seen him about three or four days before—he lives in the neighbourhood.
CHARLES HODGKINSON . I am A detective constable of the R division—I was in company with Kittmer on the morning of the 8th August—about 2.15 we were in Mill Lane, Deptford, and saw a light in this office—I looked through the window and saw the three prisoners—I had seen them before, and in company together—they were ransacking the drawers and papers in the office—I was left outside while Kittmer went to fetch Mr. Luke—he returned with Luke, who went to the back—Kittmer remained with me in front—I saw the front door opened and shut again—we were within sight—after a little time I heard Luke call for assistance—I assisted Kittmer over the railings—the gate was opened to me by Luke, and I went to the back of the premises—I found Ingram there, struggling with Kittmer—I assisted in binding his legs and hands, or else he would have thrown the sergeant into the river—he tried to bite me—Mr. Morris afterwards came and got a stretcher, and Ingram was carried to the station, bound hand and foot—on the same morning, about 5.15, I went to No. 20, Stan-hope Street, Deptford, and there found the prisoner Holmes in bed—I said, "I want you, for breaking into the Kent Waterworks"—he said, "All right"—I said, "You must come with me"—he said, "Very well, I was drinking till post 1."
Cross-examined by MR. INGRAM. Q. What light was there in the office—had the gas been lighted? A. Yes, I was just outside; it is about a yard or better from the window to the railings—I should fancy there were four or five burners in the room.
Cross-examined by MR. PATER. Q. You have not long joined the force, haveyou? A. Yes, these five years—I have not been long at Deptford—I was transferred from the S to the R division about a fortnight—I have mentioned before to-day that I had seen Holmes before—I was examined before the Magistrate—(The witness's depositions being read, did not contain that statement)—I had never spoken to him; he was pointed out to me by other detectives of the division—I have seen him in the neighbourhood—the light I saw was in the side office, from the gas—I should think from two or three burners—there were four or five burners—there was sufficient light to serve anybody—there was more than one burner alight.
MR. POLAND. Q. In what room was it that you took Holmes in custody? A. In the back parlour—he was in bed, undressed—he had no coat on when I took him to the station.
SAMUEL LING (Detective Constable R). On the morning of 8th August, about 5.15, from information I received, I went to 24, Stanhope Street, Deptford, and found the prisoner Smith up stairs in the front room, in bed—I said, "Charley, I want you, for burglariously breaking and entering the counting-house of the Kent Waterworks this morning, at 2 o'clock"—
he said, "I was in bed at that time"—I assisted in taking Holmes to the station, he had no coat on—I afterwards went to 20, Stanhope Street, to the back parlour, and spoke to the female who was in bed with him when he was arrested—I received this coat from her, it is torn—I know all the three prisoners—I have been them together scores of times—I have seen them nearly every day for the last eight or nine months—sometimes three or four times in a day—Ingram lives at No. 20, Stanhope Street, in the front room; at least he did a week before he was arrested—that is between a quarter and half a mile from the Kent Waterworks.
Cross-examined by MR. PATER. Q. You are a constable of some experience? A. Yes, I have been nine years in the force—my deposition was read over to me previous to my signing it—I did not state before the Magistrate that I had seen Holmes in company with the other men, because I was not asked; I did not think it necessary to mention it.
RICHARD LUKE . I live at the Kent Waterworks, Mill Lane, Deptford, where I am foreman—my house is about thirty yards from the office—on the morning of 8th August I was called up by the police; in consequence of what they told me I went to the back of the premises, and round to the side, and saw three men in the office, down on their knees, overhauling the things in a drawer—I can't speak to either of them but Ingram—I looked at them—I was afraid to move away, and I sang out to the police, "Look out I" and I smashed a pane of glass in the office, to make the men start, to get away—they moved sharply, and made all manner of ways, and went to the back, through the board room, to the back window—I had noticed that that window was shut as I passed it to go round; but as I went to the back, they came and pulled down the top sash, and as Ingram came out I floored him, and threw him on the pavement, not by a blow, by hand and foot, tripped him up—I am a Cornish man—he climbed over the bottom sash, and got out in that way—the second man was after him, as quick as lightning almost, out of the same window, and I floored him alongside of Ingram—I then had both of them on the ground—I then received a blow on the head; I don't know from whom—it cut my head—I was obliged to let go of one of them, but I stuck to Ingram—he struggled and kicked and bit all he knew, to get away—he bit my hand severely—I have got poultices on four places now—it broke the skin, and blood flowed—I also got a severe wound on the wrist. I suppose from a chisel or screw driver—I got that during the struggle—the other men made their escape—the police then came to my assistance—in my struggle with the second man, I suppose I tore this coat, but I can't swear anything about the other man at all—I know I floored two, and had them under me by each collar for a certain time—I can't say whether the second man bit or kicked me.
Cross-examined by MR. PATER. Q. Was the light in the room from the gas or a candle? A. Gas—there was only one burner alight—I believe that was on full; there was light enough to see all over the place, and to see papers, and see whether it was a cheque or any other bill.
Ingram. Q. When you saw me against the window, did not you seize me by the throat and throttle me, and throw me down? A. Yes—you did not say, "You are choking me"—I did not try to choke you—I did not say, "I have got you, and I will make you pay for it"—you did not say, "I have just come over the fence, hearing you cry for assistance," you never spoke to me at all—I did not kick you—I hit you twice in the face, but I told you to be quiet before I did it.
WILLIAM RICHARD MORRIS . I am engineer to the Kent Waterworks Company, and lire at the house shown on this photograph—the offices are at the side—there is an internal communication with the dwelling-house and with the board-room—about 2 o'clock on the morning of 8th August, I heard a noise—I immediately rose, and went through the office to the back of the premises—I found Ingram in a violent struggle with one of the detectives—I heard the sound of money falling, or being thrown by Ingram on to the pavement and into the water—I assisted in securing Ingram—I found he was acting more like a wild beast than a man, and I got a rope, and with the assistance of my son, bound him, and he was carried off to the station—I examined the premises—on the ground outside the board-room window I found this chisel or screw-driver, and on getting Ingram up I found this knife lying under him; the board-room window was broken near the lock, and the top part of the window was down—in the office, I found that three drawers had been broken open and smashed, and I subsequently found that 3l. odd was missing—that money must have been in one of the drawers that were broken open—we know by the accounts that there should have been 3l. 4s. 7d. in that drawer, and there was none; and outside, on the stone balcony, I found a portion of the money, a portion in a boat on the river there, and a portion in the river—I also found this hat, a small piece of candle, and a knife, in the board-room—I found one gas burner alight, and there was a gas lamp outside—I presume the premises were all right over night.
Cross-examined by MR. PATER. Q. You did not lock up the place, I suppose? A. No; nor see it secured.
Ingram's Defence. Last Saturday week I was over at Lewisham. I had about 2l. to take care of for the woman I was living with. I was drinking till late, and coming through the waterworks home to Deptford, about 1.30, I heard someone crying out, "Help, help!" I immediately jumped over the fence, thinking it was a known, or somebody in the water, and just as I got to the window I was knocked down senseless by Mr. Luke; he put his hands round my throat, and his knee on my chest, and said, "I will make you pay for it; as I have not got the others I will have you." Immediately the constable came up and struck me on the head, and I was taken to the station, I didn't know how till I came to my senses next morning. I dare say I did catch hold of his hand to prevent myself being choked.
Holmes and Smith received good characters.
INGRAM— GUILTY — Five Years' Penal Servitude.
SMITH— GUILTY — Fifteen Months' Imprisonment.
HOLMES— NOT GUILTY .
Before Mr. Recorder.
776. ALFRED EDMOND (24) , to stealing three salt-spoons, and other goods, of Edwin Farquharson, in his dwelling-house, having been before convicted,— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and BESLEY conducted the Protection; and MR. WILLIS the Defence.
FREDERICK GURLEY (Policeman R R 51). On 22nd July, at 7.30 p.m., I was on duty in High Street, Deptford, and saw thirty or thirty-five persons at the bottom of the street, blocking up the thoroughfare on the pavement, and causing an obstruction—I spoke to Connolly who was there, and told him to move on—he said that he should not—I said that the shop-keepers complained that respectable people could not pass, and begged he would move away—he said, "No, I shall not, not for you; I shall stand here just as long as I like"—I asked him civilly to move again—he said, "No, I shall not, not for a b—like you"—I went into High Street and got the assistance of Beard, we returned together, and Connolly used very bad language—Beard asked him to move away and not make a disturbance there, upon which Connolly struck him a violent blow on the mouth with his fist, and ran twenty yards down King Street—I ran after him and caught him—Beard came up, and Edwards and Walsh—Connolly knocked me down twice, a mob got round, and stones and brickbats were thrown in all directions—I still held Connolly when I was knocked down—I was struck on the arm with a stone, thrown by Kirby—I also received a kick in the ribs—I cannot say who from, but Connolly hit me in the chest—I saw Mansell within four yards of me, throwing stones—I lost my helmet in the tussle with Connolly, he was so violent—I held him a quarter of an hour, and then he got away, and went down Old King Street—Kirby was taken on the Saturday night.
Cross-examined. Q. Was this the first day you had been on duty in Deptford? A. Yes—there was a public-house at the corner of the High Street, but it is shut up now, and at that time—I cannot five you the names of the persons who complained of the obstruction, as I am a stranger there, but the draper and the corn-chandler complained—I did not put my hand on Connolly's shoulder, and I did not see Beard do so—he did not touch Connolly before Connolly touched him—I live at Lee—I have been at Deptford before, but not on duty—Beard did not lay hold of Connolly when he struck him, nor did he draw his staff—a number of people ran after Beard and me, pretty nigh 1000 surrounded me when I had hold of Connolly—he was very violent, I was thrown down three tines—I have seen Kirby before, when I have been in plain clothes—he was about five yards from me when he threw the stone which hit me on the arm—it was pretty nigh half a brick—I should have apprehended him at the time, but the mob was so great that I could not get at him—I stated at Greenwich Court that I saw Mansell throwing stones.
WILLIAM BEARD (Policeman R R 53). I was on duty on 22nd April, and found Connolly in High Street, and a number of people on the pavement—I asked Connolly to go away, and create no disturbance—he struck me on the mouth with his fist, and ran away; but he was taken—stones were then thrown in all directions—constables Welch and Edwards came to our assistance, and while I had hold of Connolly's arm, a man came and struck me a blow on the eye, with a stone in his fist, which rendered me blind for three days—Connolly behaved very roughly—we were in uniform.
Cross-examined. Q. Are you often on duty in High Street? A. No—I do not know that these people are in the habit of standing there of a night—I did not push Connolly to move him on, he was standing quietly on the kerb—I did not put my hand on him—I said, "Go on, do not create a disturbance"—there was no disturbance; but there would have been—I know nothing about the other prisoners—I helped to take Connolly—I held him in King Street—I did not draw my staff, nor did I see Gurley do so, or Welch, or Edwards—the blow on the eye rendered me blind.
MR. POLAND. Q. Was there an expression about two strange b—? A. I heard somebody in the mob use it—that was the first day I was on duty there.
WILLIAM EDWARDS (Policeman R 220). I saw Gurley attempt to take Connolly in King Street; they scuffled and fell, and another man kicked Gurley when he was on the ground—I laid hold of Connolly, and he struck me a violent blow on the right eye, and gave me a black eye—it was discoloured nearly a fortnight—he kicked me several times about the body and legs, and said that he would kick my b—guts out—he put his leg across, and threw me on my back, and I fell, with my back across the kerb stone—he also kicked me on the ribs—he tore his shirt and trowsers while we had hold of him, to prevent us from taking him—only just the bottom of his legs was covered, a great many stones were thrown, one of which knocked off my helmet, and Connolly trod upon it—I was struck several times by stones—Connolly was rescued by the mob—I followed him into Queen's Court, and ultimately got him to the station—Mansell came up to me, and said, "Let him go; you will not take him"—I said, "We will"—Mansell struck me on the jaw with his fist, and knocked me down, and when I was down he kicked me on the side—I saw him throw several stones, some of which struck Welch—Kirby threw several stones, one of which struck me behind the ear, and another struck Gurley—after Connolly was arrested I saw Willing in Queen's Court, and she threw a stone, which hit me on the shoulder, and she was directly taken in custody—Gurley took his staff out; but I told him to put it away, and he did so, and none of us used our staves—no blow was given by any policeman—I am still under the doctor's care—I brought up blood several times, and am suffering from internal injuries—there was nearly half a pint of blood on one occasion—I have not done duty since—I was present when Mansell was taken, on a warrant, some days afterwards—I pointed him out, in a beer-shop in Deptford.
Cross-examined. Q. Did you see a man strike Beard? A. Yes—that man did not strike me—I have seen Mansell every night—I have been on duty there sixteen years—I saw Kirby's hand move, and put my head on one side, and a stone struck me—I was knocked down four or five times—I saw both Munsell and Kirby throw several stones—I did not tear Connolly's dress, nor was it torn in the attempt to take him—ho tore his shirt all to pieces—I saw the woman throw the stone in Queen's Court, which is paved with dirt and gravel—the chief stones were granite, which was being put down in Queen Street—there were a great many granite stones in Queen Court, but I cannot say how they come there; they must have been brought from King Street.
Edwards in the eye—stones were thrown in all directions—I saw Connolly get away, and afterwards saw him taken—I saw him tearing his clothes off in King Street—I had hold of him at that time—100 people or upwards were in the crowd—I saw Mansell there, but did not see him do anything.
Cross-examined. Q. You did not see Kirby or Willing? A. No—Edwards was knocked down two or three times by Connolly—the struggle with Connolly lasted twenty minutes or half an hour, and then he was rescued—four of us were struggling with him, but I did not see Beard at the latter end—I cannot identify anyone who threw stones.
THOMAS WORTH (Policeman R 196). I was called into Queen's Court, and found Connolly there—the constables were trying to take him in custody, and he was kicking and behaving in a very violent manner; his clothes were all in shivering—I saw Willing standing at her door, and saw her throw a stone, which struck Edwards—I took her in custody—other stones were thrown, one of which struck me in the back.
Cross-examined. Q. Were other females standing by Willing? A. No; her door is the first from the court entrance—there is an entrance to the court from King Street—it was full of people, who were crowding up against her door—I passed her door to go to Connolly—the stone was thrown when we were bringing Connolly out of the court—I was holding his arm—the woman was next me, behind me; I looked that way, and saw her throw the stone and hit Edwards on the shoulder.
EDWARD HUGH DOWNING , M.R.C.S. My father is Divisional Surgeon—on 23rd July, Edwards came to the surgery with a bruise on his left side, and a black eye, such as would occur from its being thrown on the kerb stone—spitting of blood from the stomach came on two or three days alter, and he has been unable to attend to his duty since—he is very weak.
Cross-examined. Q. Might the blood have come from his mouth or throat? A. No, it was black blood, which generally comes from the stomach.
Witnesses for the Defence.
BRIDGET HOWARD . I am married, and live in Deptford—on the evening of the 22nd July I was at New King Street, Deptford, with a baby in my arms—I stood by Kirby's side, just by the policeman's shoulder, and the man who struck the policeman made his way out of the people, and just as the policeman got up he got away—Kirby did no more than the baby in my arms—I did not see him throw any stones, he had just come home to his house from his work, and saw the crowd; he said nothing, but stood there—he went straight home before the police left—he works at Mr. Brain's.
Cross-examined by MR. POLAND. Q. What is the name of the man who did the deed? A. I do not know his name, I know him by sight—I saw him knock the constable down—he wore a white jacket, and was a stout man—I have known Connolly ten or eleven years—I saw him there, between two policemen—Kirby lives in New King Street, two or three minutes walk off.
ELIZABETH MANSELL . I live at 18, New King Street, Deptford, and am Mansell's brother's wife—on the night of the 22nd July, when the police attempted to take Connolly, Mansell was standing by but took no part in it—I was looking at the man who knocked the policeman down, it was none of the prisoners—he struck two different men—one man struck the police-man and knocked him down—they had Connolly down and had their knees
or their boots on his stomach—I have been fifteen years in this country and I never saw such treatment before—their staves were out and they knocked him about fearfully—to the best of my opinion they were drunk.
Cross-examined by MR. POLAND. Were all the police drunk? A. Yes—they had all got their staves out, hitting Connolly over the head, and kicking him—I did not see him do anything to them—I did not see a con-stable thrown on the kerb by Connolly, or see him strike or hurt any of them—I might have seen Connolly before, but I should not have known him if I had met him in the street—I do not know where be lived, but I know where his sister lived.
MICHAEL SHEA . I lodge at Willing's house—I heard a noise, and went to the door with Mrs. Willing—when they were coming back, the policemen stepped back and took Mrs. Willing by the shoulders—she had never thrown a stone or done anything else.
Cross-examined. Q. How long did you remain at the door with her? A. Four or five minutes—I have lodged with her two years—I did not go into the crowd—I have known Connolly four or five years—he is not a friend of mine, nor is Mrs. Willing—I do not know where Connolly's sister live—Connolly has not been at Mrs. Willing's to see her—I have not seen him there.
KATE MAHONEY . I live in Queen's Court, opposite Mrs. Willing—on 22nd July, when the mob came, her door was shut; her lodger came and opened it and she came out and folded her arms, and never stooped or turned, and I saw the police pass by a step or two, and drag her by the shoulders—there are no loose stones in the court—she did not throw stones—she had her arms folded till the policeman dragged her by the shoulders.
Cross-examined by MR. POLAND. Q. How far did she go from the door? A. She never moved from it—I saw Michael She come out—he did nothing—she came and stood by his side at the door.
JOHANNA MCCALLAGHAN . I live in Queen's Court—I know Mrs. Willing—I saw the crowd come into the court on 22nd July, and saw Mrs. Willing standing at her door, with her hands like this, and she never picked up a stone—she stood like that till the mob passed out again—if she had thrown a atone I must have seen it.
Cross-examined by MR. POLAND. Q. How long did she stand there? A. A minute or two.
MARY LEARY . I am married, and live at 22, Barnes' Alley, Deptford—on the night of the 22nd July I saw Connolly lying on his back in the road, and the four policemen beating him with their staves—I asked a policeman not to kill him, and he turned round and struck me on the arm—Connolly did not tear his clothes off, the policemen tore them off—the tallest policeman, Welch, is the one who I asked not to kill him—he struck me a slight blow with his staff, on my arm—I saw one man strike the police, but I should not know him again—everybody cried out that he was killed, and this man used him most shamefully.
Cross-examined by MR. POLAND. Q. How long have you known Connolly! A. Almost ever since I have known myself—I am his sister—he lives in the same street that I do—I have known Mansell two years and Kirby twelve years, as neighbours—I have never been examined as a witness before; but I was called at the Police Court in this case—I said but a very few words—Connolly got on his back by the policeman throwing him down.
for Mr. Brain, a market gardener—I have known Kirby five years, and never wish to have a more sober, honest, industrious man, and should he be acquitted I will give him work in the morning—on 22nd July I saw him in the grounds at 7.10—he was perfectly sober.
BRIDGET DENNY . I live at 16, Queen Street, Deptford—I was at the bottom of High Street on the night in question, and saw Connolly standing quietly, kicking up no row by insulting anybody: but the policeman shoved him, and hit him on the head, and felled him—he said to the policeman, "I am quiet enough, and not insulting anybody; give us a lucifer, I want to kick up no row in the street"—the policeman took out his staff, and Connolly ran—he had not struck him then—the policeman struck him first, before he drew his staff, and shoved him down, and Connolly said, "Give us a lucifer to light a pipe; I do not want to get cross," and then the policeman floored him, and pulled out his staff to hit him—Connolly was standing on the kerb stone—I saw him standing there about ten minutes before the policeman came up—he was near the corner of High Street—I do not know which of these policemen it was, because I did not notice his number—I was only just across the road—the policeman hit Connolly on the side of the head with his fist, when he asked for a match, and Connolly returned the blow—the policeman then took out his staff to hit him—I told Connolly to run, or he would get killed—he ran away, and four policemen caught him before he got far; but he got away from them, by two of them being drunk—I saw no more, because I had my baby in my arms, and I went home.
Cross-examined by MR. POLAND. Q. Which two were drunk? A. I cannot say—I saw Connolly return one blow, no more—he never kicked a constable, or threw him down—I have known him, for the last five years—I am not related to any of the prisoners.
Connolly here exhibited one of his arms, which was bruised and swollen.
CONNOLLY— GUILTY **— Two Years' Imprisonment.
MANSELL— GUILTY — Twelve Months' Imprisonment.
WILLING and KIRBY— NOT GUILTY .
MR. PATER conducted the Prosecution.
GEORGE STURGES. I live at 49, Wood Street, Woolwich—on 5th August, about 11.55, I was walking home, on the Charlton Road, and met the three prisoners at East Coombe, in uniform—Hayes asked me for a light, and I was in the act of giving him one, when the other two prisoners came forward and seized me, one on each side, while Hayes rifled my pockets—I was thrown on my back—Linahan had a knife or a dagger, and he swore if I resisted him or halloaed out, he would kill me—I lost a silver watch, and about 3s. in money—this is my watch (produced)—it is worth 3l.—they ran away together, towards Blockheath, and I followed them a little way across the fields—I saw Gorty in custody about 1 o'clock, and the other two the same morning.
Gorty. Q. Had I anything to do with stealing your watch? A. I did not say that—I cannot nay whether you passed on or whether you stayed there—you all stopped when Hayes asked for a light.
Linahan. I only had a whip in my hand, not a dagger. Witness. You had something like a knife, I cannot say whether it was one.
Hayes. The question was asked you whether you had any money; you said, "No," and the reply was, "You must have some money somewhere," and you sat down on the road and said, "You can search me; I have not got a halfpenny on me." Witness. I can show my arm where I was grasped.
JOHN SINGER . I live at East Coombe, Charlton—I was in my cottage a little after 12, heard a whistle, and went out, but saw no one—the whistle was continued; I went out again, and saw Gorty lying close to the gate in the shade—I said, "What are you doing here?"—he said, "Nothing"—I then heard two distinct whistles over the hedge—I said, "I shall take you in charge"—I took him in charge—took him about half a mile on the road, and handed him over to a constable.
Gorty. I was asleep. Witness. You had not been there a minute and a half.
ENOCH HUNT (Policeman K 126). On 5th August, about 12.15 at night, I met the prosecutor, who made a complaint, and I proceeded towards East Coombe and met Singer and Gorty—I told Gorty I should take him on suspicion of robbing a civilian—I did not say of what—he said, "I do not know anything about the watch"—I had not mentioned a watch—about twenty yards further on we met the prosecutor, who identified him.
JOHN CLEMENTS (Policeman R 201). On the night of 5th August, I was on duty in Charlton Road and met the prisoners together, about 11.50, going towards Blackheath—they stopped and asked me the way to London—I told them they had better return, and go back to their barracks—Gorty was swinging this riding whip, and said that he had been fighting all night—they all went on in the same direction, and about a quarter of an hour afterwards I heard a whistling across the fields, and saw Linahan and Hayes coming across the road—they asked me the way to the barracks—I told them to take the next turning on the left—I picked up this whip (produced) at the spot pointed out to me as where the robbery took place.
Gorty. That whip does not belong to me, this is the man who had it (Linahan).
MARY ANN LEE . I live at 7, Cannon Row, Woolwich—on the morning of 5th August, about 2 o'clock, I was near my door, and Linahan and Hayes came up and asked if they might come up stairs—(a young woman was with me)—they came in, and one of them gave 6d. of halfpence to get some-thing to drink—I said that it was too late—they said they had got no money, but Hayes said that he had got a watch belonging to an old friend of his, which he could not part with—I received this watch from Hayes, and gave it to a young woman to take care of, and it was given to the police.
JAMES EYRE (Policeman R 341). About 2.45, on 5th August, the female spoke to me, and in consequence of what she said I went to 7, Cannon Row, Woolwich—Hayes and Linahan were standing at the door, speaking to two females—they went inside, and about 4.45 the same morning I received information of the robbery, went to 7, Cannon Row, and found Hayes in bed—I asked him if he had been out of Woolwich in the night—he said, "No"—I asked him if he had a watch in his possession—he said, no, he new had one—I said I should like him in custody on a charge of being concerned with two others, in robbing a gentleman—he said he knew nothing about it—I took him to the station, and he was identified about three-quarters of an hour afterwards—I took Linahan at the camp on Woolwich
Common, about 8 or 8.30—I told him it was for being concerned, with two others, in robbing Mr. Sturges, who was present and identified him—he said, "I have got nothing belonging to the man, I wish I had, I am going to be sent out to India, and I do not intend going if I can avoid it."
Linahan's Defence. I never spoke to the constable at all; this man had nothing to do with it.
Gorty's Defence. I had nothing at all to do with the robbery.
Hayes' Defence. That man had nothing to do with it; we stopped behind. He had a whip in his hand.
Twelve Months' Imprisonment each, and Twenty-five Lashes with the Cat
MR. STARLING conducted the Prosecution.
GEORGE COOPER . I am a donkey-driver, and live at Gother Hill, High Street, Deptford—on 13th July, between 12 and 1 o'clock in the day, I was sleeping on a door-step with the prisoner, who was a little the worse for liquor, and there was another man, but he did not sit down on the step—before I went to sleep I took 8s. out of my pocket, counted and put it in again—I awoke between 3 and 4 o'clock, and missed my money and the prisoner.
Prisoner. Q. Had not you and me been drinking all the morning? A. Yes—we did not fall down together in the gutter—I do not recollect any money rolling out of my pocket—I knew what I was saying and doing very well.
ANN BELL . I am the wife of George Bell, bricklayer, of 8, Union Street, Greenwich—I saw the prisoner, prosecutor, and another man come up the court—and saw Cooper go to sleep on a door-step, and the prisoner by him—they were both very tipsy—they sat there for some time, and went partly to sleep, and I saw the prisoner put his band in Cooper's pocket, and take something out—then he took Lin arm and dropped it down, and pulled his coat from under his arm, and took something out of Cooper's breast-pocket and then got up and went away—I communicated with two men, and gave a description of the prisoner.
COURT. Q. Were they both half drunk? A. Yes.
Prisoner. I asked for a lucifer; he said, "Take one," and I took one out of his pocket. I had a cheroot, half smoked, and the policeman took it away from me.
CHARLES BRADLEY . I live at 3, Busby Court, Greenwich—on 13th July I was working at a blacksmith's shop, and saw Cooper and the prisoner sitting on a door-step—Cooper was asleep, with his hand on his pocket—the prisoner took it off, and he roused; the prisoner then pretended to be asleep, and I was called away.
Prisoner. Q. Were not you in the workshop behind us? A. Yes, looking through the window—I know Cooper was asleep, because he was snoring—I had not time to go up and stop him being robbed.
JOHN WEBB . I am a labourer, of 1, Munyard's Row, Greenwich—on 13th July, about 1 o'clock, I was standing by a public-house in London Street, Greenwich, the prisoner came up to me, and I said, "You have left Cooper now you have robbed him"—he showed me the money, two half-crowns a five-shilling piece and a sixpence, and said, "I am going to mind it till to-morrow for him."
NOT GUILTY .
MR. STERNE conducted the Prosecution.
JESSIE PENFOLD . I live at 15, Mulgrave Place—on Sunday night, 4th July, I met the prisoner in Artillery Place—he went home with me—about 6 in the morning, when I awoke, I saw him leaving the room with my chain in his hand; I called for assistance, but he vanished—I met him again on the 18th, the worse for drink—he said, "Are you coming home?"—I recognized him, and said "Yes"—he said, "Will you fetch some beer?"—I said "Yes," but instead of going for the beer I got a policeman and gave him in charge—the value of the things I lost is about 4l. 10s., and there was 14s. in money—when the policeman charged him, he said "Oh!"—this chain and ring (produced) are mine—I also lost my watch and a cross.
Prisoner. Q. Did you see me take the articles? A. I was awoke by your unlocking the door—I saw you leaving the room with my chain in your hand—I did not know you were a soldier, you were in officer's clothes—I could not give notice to the police, because I was undressed—I awoke some-one in the house, but they were all undressed—the front door was open all night.
JOHN HESSEY (Policeman R 180). About 11 o'clock on the night of the 18th, the prosecutrix spoke to me—I went with her to a house, and took the prisoner into custody—he was dressed in civilian's clothes, and was lying on the bed, very drunk—I asked if he knew anything of the charge—he said, "No"—he was very violent—I had to get assistance to get him to the station—I searched him there by main force, but only found things belonging to himself—I gave information at the barracks, and searched his quarters next morning, and, on the top shelf of a dresser, I found the chain and ring produced.
JOHN MCGRANERY . I am a corporal in the Royal Artillery—on 19th July, I received instructions to go with the policeman to the prisoner's quarters and make a search—he is employed there as an officer's servant, and on the top shelf of the dresser I found this guard, cross, and ring—he keeps his property there, and his regimentals and plain clothes.
Prisoner. Q. Did not you see me after that? A. I saw you leave the house in the morning, about 6.30—her room is opposite mine; when you left I heard the door go—I then saw you pass my window, and she came to me for assistance.
The prisoner called
EDWARD LOOSE . I am a sergeant of the Royal Artillery—I was picket-sergeant that night—the prisoner was out that night, and came in at 11.40, and reported himself to me—this (produced) is the report—I have marked on the back of it, that he came back at 11.40.
COURT. Q. How was he dressed? A. In plain clothes, and I ordered the bombardier to take him to his barrack room—I called the check-roll between 1 and 2 on the morning of the 5th, and he did not answer, as the non-commissioned officer had locked him in barracks.
Cross-examined. Q. Did you see him between 1 and 2? A. No, but he was reported present—he could not have gone away after 11.40 till 2 o'clock without being missed—I do not go round to the beds myself—there are no lights in the room.
—. I am, a bombardier—the prisoner was handed over to me to take to the barracks, on Sunday night, by Sergeant Loose—I shut him up in the barracks, and locked the wicket-gate and took the key—I did not go round at 2 o'clock.
Prisoner. Q. Could I have got out of the barracks unknown to the sentries? A. Yes; you could get over the wall, and out at the battery range, by the Horse Artillery; or out at the wicket-gate at the other end.
MR. STERNE. Q. Without being missed? A. Yes—until the sentry came.
COURT to EDWARD LOOSE. Q. Are you aware that when a man comes in and reports himself, he can get out again? A. I am a stranger in Woolwich, but I am informed that he could get out.
Prisoner. Q. You know the room where I escaped from? A. Yes; No. 161, No. 9 battery.
Prisoner. No; it was No. 186.
The prisoner handed in a written statement, denying that he was the man who was with the prosecutrix on 4th July, and contending that it was impossible for him to know what might be placed in the kitchen.
GUILTY. Recommended to mercy by the Jury. He received a good character.— Three Months' Imprisonment.
Before Mr. Recorder.
781. WILLIAM CRITCHLEY (53), and THOMAS RICHARDS (56), were indicted for unlawfully offering and giving to James Ham and George Ranger the sums of 10l. each, to induce them to give false evidence on the hearing of a charge against William Green and William Simpson. Other Counts—for conspiracy to present the due course of law and justice.
MR. H. S. GIFFARD, Q.C., with MR. COOPER, conducted the Prosecution; and MR. SERJEANT BALLANTINE, with MR. MONTAGU WILLIAMS, defended Critchley, and MESSRS. METCALFE and STRAIGHT defended Richards.
JAMES HAM . I am a detective officer—on 17th May last, I apprehended two persons, named William Green and William Simpson, on a charge of having in their possession a gold watch and chain, supposed to have been stolen—I searched Simpson's house, and found there certain property—the case was brought before the Lambeth Police Court on Tuesday, 18th May, and remanded till the following Wednesday week—on Saturday night, 22nd May, I received a letter, in consequence of which I went to the Elephant and Castle the next night, where I saw the prisoner Richards—he said, "Well, Jemmy, how are you?"—he shook hands, and said, "Come along, let us go over the way and have a glass," which we did, at the Rockingham Arms public-house—I did not say anything about the letter, nor did he—he was standing waiting there when I went up—a friend who I met at the Elephant went across with us to the Rockingham—we had a glass and came out—Richards said, "Let us go down below, and have a glass there"—when we came out, he took hold of my arm, and said, "Jemmy, I will tell you what I want to speak to you about; you aid Ranger have got old Black Miles and Billy Green, have not you?"—I says, "Yes"—he says, "I suppose you don't want to get them convicted, do you i"—J sail, "No, not particular"—he said, "And you found a lot of stuff there"—I says
"Yes"—"Well," he says, "old Billy Critchley has been down to me, and wanted me to see Potter; I told him no, that would not do, to leave it to me; now, look here, Billy says you can have twenty quid, and I can get it for you; no one shall know anything about this, mind, excepting ourselves—we then entered the County Terrace public-house, and as we got to the bar, a man well known to me came from the further end, and shook hands with him—we had some refreshment, which Richards paid for—the other man, turning his eye round to the back of him, says, "It is too hot here, for I think these are two coppers behind; go down in the Dover Road, there is a nice quiet place there, you know where"—we then came out of the public-house, and Richards said, "Come along, we will go this way, let us go down to the Dover Road"—I says, "No, that is not good enough for me"—"Oh," he says, "it is all right"—I says, "No, I won't go, for he might have witnesses there, I have none"—he pressed me very much to go, and I told him at last I would not go—he then said, "Come along, let's go and see an old friend of mine, Jack Hamilton"—he then took hold of my arm, and walked quietly up the Kent Road—he said, "How are you with Ranger?"—I says, "All right"—"Well," he said, "look here; you need not fear, for there is no one shall know anything about this, excepting us, you and me and Ranger; you may as well have the twenty quid as not, for they are sure to get off it, for we are going to send some parties to buff to the stuff—we then entered the American Stores, Walworth Road, which is kept by Jack Hamilton—we were in there a short time—we then came out, and he said, "Now, look here, you can easy do it in this way with Ranger; say, 'Now, Ranger, what do you think of this? we are sure not to get no owners for the stuff we have got; let's get the poor devils turned up, and have them for something better'"—he said, "We are going to send some parties to buff to the stuff, and you can easy say as this, before the Magistrate, that you have made inquiry about the property, and you believe it belongs to the person who is now in Court; we know what you can do if you like, for the one you have been before (meaning the Magistrate) will do what you ask him, for we don't want them to be remanded over and over again"—after receiving the letters I have alluded to, I communicated with my superior officer—I made a full report of it in writing that night, and I acted under his direction and with his assent—before parting with Richards he said, "Now, look here; meet me here to-morrow night, at 9 o'clock, and I will bring you the stuff"—I promised to do so—on the following night, Monday, the 24th, I met him with Ranger, at the Elephant and Castle—he came up to us, and shook hands with both of us, and invited us across to the Rockingham Arms to have something to drink—he turned to we and said, "Well, Ham, how's things?"—I said, "All right"—he then turned to Ranger, and said, "I assure you, Mr. Ranger, that no one will know anything about this excepting ourselves; it will be all quite right"—I says, "Well, have you brought it?"—he says, "No, I have not; I have not seen Billy"—and then he said, "Directly you get them turned, you shall have the money"—"turned up" means "discharged from the Police Court"—I turns to Ranger, and says, "He has not brought it now"—Ranger said, "Oh, that won't do for me"—I says, "No, a promise is a promise"—he then looked up at the clock, and said, "Well, I know where to go and find Billy; will you wait here five minutes; but-look here, it is 9.30 now, will you wait here till 10?"—I said, "Yes"—he then left the
house, Ranger following him—and at 10 o'clock he came back to the public house—Ranger was back before him—he said, "Well, I have seen Billy"—I gays, "Where have you been?"—"Down, to the William the Fourth, in St. Andrew's Road, and Billy says that if you will meet him in the private parlour of the Elephant and Castle to-morrow, at 12 o'clock, you shall, have the money"—we then parted, and I went to the station—I made a full report of all that had taken place—I received directions from the superintendent, and next day, at 12 o'clock, we went to the Elephant and Castle, and there met Richards—he says, "Well, have you seen Billy—I says, "No, where is he?"—he says, "I saw him get out of a bus about five minutes ago, and go down the Borough"—he then invited us to go into the Elephant—after waiting there a short time, we told him we could not waste our time like that—"Well," he says, "I can't make out where he has gone to"—after waiting a short time, he said, "Look here, I will run down to the Barrister's and see if he is there"—the Barrister is a theif who goes by that nick-name; he keeps a coffee-house—he went out, and after a short time he returned, and said, "Well, come along, Billy is over the way; follow me"—we followed him, and across the road, in the Causeway, we saw Critohley standing about twenty or thirty yards from the Alfred's Head public-house—we went up to him—he said, "Well, Ham, this is a bad job, for, so help me God, that it all the old man's stuff that you have got"—he then invited us to go into the Alfred's Head, and we, all four went in and went up into the corner of the bar—Critchley said, "Tom tells me that you, Mr. Ranger, is a perfect gentleman, but I don't know you so well as I do Jemmy," or "Ham,"—I am not sure which he said—I then saw him put his hand in his trowsers pocket and pass something, to Richards—I am quite positive it was money, by the rattle of it when Richards took it in his hand, and gold—he looked up at the clock, and said, "Well, Tom, I must be off"—they both went just outside the door, and Richards then returned to us again in the public-house, and after finishing his glass of ale, he said, "Well, I must be off, for I am busy up at the rail to-day; come a little way with me"—after going a short distance from the house, he said, "Well, I have got it for you"—Ranger said, "Yes, I know you have"—he then put his hand in his right hand trowsers pocket, and from that hand he counted ten sovereigns, and gave it to Ranger with his left, and gave me the other ten; ten more sovereigns—he said, "Now look here, don't let us have any misunderstand-ing about this, Ranger; now mind, if they don't get turned up, you must return this money, for I am responsible to Billy for it; now then will be no occasion for me to see you for a, day or two"—I omitted to State that when he first came back from Critchley, in the Causeway, he said to us "Billy tells me there is some mistake about this affair for Mr. Chipperfield, the solicitor, and the witness, have gone down to-day, thinking they were coming up to-day,"—we then left him—I went back to the, station and handed the 20l. over to the superintendent—on the Sunday following I apprehended Critohley at his dwelling at Brixton—I afterwards went to the Brighton Railway in search of Richard—I did not find him—I went to his house, he was not there—I watched his house all night—on hearing that he was in custody, I searched his house in Carlton Road, Peckham (MR. METCALFE objected to evidence of what was found there, as having no relevancy to the present charge. MR. GIFFARD called the attention of the Court to the evidence in the deposition bearing upon this, and suggested that it was
applicable to the last Count. THE RECORDER considered it was too doubtful, and it was not pressed).
Cross-examined by MR. SERJEANT BALLANTINE. Q. How long have you been in the force? A. About ten years and a half, and a sergeant six years—I was brought up to the plough, in the country—I have been a milkman and a grocer in London—I was with a Mr. Wright, a grocer and cheese-monger four years; before that I was a dairyman—I mean I carried about the milk—Critchley has latterly attended races a good deal—I did not see him at Croydon Races while these transactions were going on—oh! yes I did see him there, betting—I don't think I asked him for a tip—I will swear I did not—I did not speak to him that day—I am positive I did not—not at all during the Croydon Races—I have asked him for a tip—a tip means a hint about a horse to bet upon, or anything else, a tip for catching a thief, or where to find one—I have asked him for a tip many a time—I have been on tolerably familiar terms with him—I have known him many years—I am not a betting man—I asked him for a tip merely for curiosity—that is all—I think everyone has got an interest in a race, just to know—I do bet, but I am not a betting man—I have not got a tip from him for the purpose of backing a horse—I never expected to get a tip from him, it was more for jolly than anything else—because I knew that he would never tell me the truth, and it was more to have a say to him than anything else; for a joke—I don't think I saw him at Croydon Races after I had had the communication with Richards—I don't think there were any races on—I don't remember—a man named Westrop was not with us part of the time—he was there, I should say seven or eight yards from us—Richards asked him to have a glass of ale in the Alfred's Head, where the money was paid—he was on the left hand side of the bar—a young man was serving at the bar—I did not see the money passed, but I heard it, so as to be perfectly sure it was money—I know it was gold, from the sound of it—I can tell the sound of gold from that of silver when it is being passed from hand to hand, a lot like that, several coins like that; you might hold two coins in your hand tight, without making any sound—I don't know that Simpson's wife had applied to Critchley to become bail for her husband—I have never heard it before now—it was not mentioned at the Police Court in my presence—I will swear that—Ranger and I have worked together since this case, or before this case, for some time, constantly—I always work with him as much as I can.
Cross-examined by MR. METCALFE. Q. Have you not been reduced from a sergeant? A. Never; or threatened to be reduced—I was a witness at the Surrey Sessions, against two persons named Cook and Burton, one was a barman at the Elephant and Castle, and the other at the Crown and Anchor, New Kent Road—I did not procure for the prosecutor in those cases, skeleton keys to open the prisoners' boxes—they were not opened with skeleton keys nt the Elephant and Castle, certainly not; nor at the Crown and Anchor—there were never any keys at all used at the Elephant, unless the master used them; I do not know what they did—I was present at the Crown and Anchor when they were opened, not at the Elephant—I went to an ironmonger's shop with the landlord of the Crown and Anchor, and he bought some keys; it was Ladd's, near Camberwell Green; I think he bought two on speculation, to sec whether they would open the barman's box—one of them did open it, it was not a skeleton key; it was a common box-key—he took one key with him and wanted a smaller one—I lived at
Camberwell—he came and told me what he wanted, and in coming to the station we called in and got the keys, which he paid for—I did not open the box at the Elephant and Castle till after the man was in custody, and then I opened it with his own key—Sir. Thomas Tilson, the chairman of the Surrey Sessions, censured me, not for procuring the keys but for allowing the landlord to do such a thing—I was not censured for procuring skeleton keys, skeleton keys were not mentioned by Sir Thomas Tilson—I was not suspended then, nor ever in my life—the matter was reported to my superior officers, and Sir Richard Mayne told me I must be more careful in future—that is about four, or four-and-a-half years ago—both the men were acquitted—I opened the box in the absence of one of the men, not the one at the Elephant and Castle—Richards has been employed for a long time at the Brighton Railway; I don't know how long, as long as I have known him—he has a pension as a superannuated policeman.
MR. GIFFARD. Q. What is this story about the box? what was the charge against the barman? A. For stealing money from the till, which I had marked and sent in—his box was opened by his master, to see if the marked money was in it.
GEORGE RANGER (Police Detective). On 23rd May last I went to Ham's house, and he showed me a letter—on the following night, the 24th, I met Ham in the Walworth Road, about 7.30, or from that to 8 o'clock, and went with him to the Elephant and Castle—I was present when Richards came there—he said to me, "How do you do, Ranger; I suppose Ham has told you of this affair"—I said, "Yes"—we then all three went over to the Rockingham Arms, at the corner of the New Kent Road—Richards then said, "Look here, Ranger, you will never make any money by working honestly"—I said, "Well, I have not got much"—he says, "I am going to see old Billy, at the William the Fourth"—he left the house—I followed him, but lost sight of him; he went down the New Kent Road, down by the County Terrace public-house—before he went, he said, "I will come back to you at the Rockingham"—I returned to Ham—Richards came back in about half an hour or twenty minutes—he said, "Well, I have seen Billy Critchley; I have not got the guides for you now, but Billy and I will meet you to-morrow morning at 12 o'clock, at the Elephant and Castle parlour, and I can assure you that no one shall know anything of this but our four selves"—we then parted—next day Ham and I went to the place appointed, at 12 o'clock, and saw Richards; I think we were there first—he said, "Have you seen old Billy?—Ham said, "No"—he said, "I have just seen him get out of a' bus, he is just gone down the Borough I will go and see whether he is at the Barrister's; "that is a low coffee-shop, kept by a man of very bad character—he was gone two or three minutes—he came back and said, "Ham, I think there is some mistake about this, as Miles and Green are up at the Court to-day, and the woman that they have sent to buff to the stuff"—he said, "If you get them turned up, you can rely upon me for the money," or "the 20l.," I don't know which it was, but I think it was "20l."—I said, "Oh, that won't do for me; I can't waste my time in this way"—he then said, "Oh, there stands Critchley over the way"—he was a little way from the Alfred's Head, a public-house opposite—I walked across with Richards, and Ham behind me, towards Critchley—Critchley said, "Good morning, Mr. Ranger"—I said, "Good morning"—he said, "I don't know so much of you as I do of Jemmy Ham, but Richards tell me you arc a perfect gentleman. I will tell you the reason why. I am
doing the, Hanger; on account of poor Mrs. Miles being out of her mind," meaning Simpson's wife; Simpson goes by the name of Miles—I said, "Yes. she seemed in some way afflicted when I searched her house"—we then all went into the Alfred's Head; me, Richards, Critchley, and Ham—Critchley said to me, "I can assure you, Ranger, that nobody knows anything of this affair but our four selves"—we had something to drink there together, which I think Critchley paid for—we were in a kind of circular bar (describing it)—I think Ham was a little way behind me—I saw Critchley put his hand into his pocket and give Ranger what I believe to be gold, I can't say how much—we then all left the house, but Critchley and Richards left first; Ham and I followed shortly afterwards—Richards and Critchley walked over towards the Elephant and Castle—I saw Richards shake hands with Critchley, and he came back to Ham and me—we were then outside the Alfred's Head—Richards said, "Come on, I have got the guides"—he walked in the middle, and me on one side, and Ham on the other—I said, "Yes, I know you have"—he said, "Now, don't make no mistake, if you don't get these people turned up, as I am responsible to Billy Critchley for the money"—he gave me 10l. first, in gold, and he gave Sergeant Ham 10l. in gold—we then parted—I gave the money to Ham, as I had to go to attend at Marlborough Street Police Court—on Saturday, the 30th, I went to Critchley's house—I knocked, a female answered, I went in—Critchley said, "Come in, Ranger; Richards tells me that you reached them in too quick, but it is all right, they are sure to be discharged next week"—Ham said, "You won't find it so right as you imagine, for I hold a warrant for your apprehension—he said, "You never saw me give Richards any money"—Ham read the warrant, and took him into custody—I afterwards received Richards in custody—he said, "You have led me into this, Ranger"—I said, "Well, Tom, to begin with; I did not instruct anyone to write the letters for you, neither did I give anyone 20l. to give me and Ham, for I have not got it."
Cross-examined by MR. SERJEANT BALLANTINE. Q. I want to call your attention to a part of your deposition, "Ham and I do not generally go together—this is the first case I ever had with Ham—stop, three years ago I was connected with Ham in a case"—do you adhere to that state-ment? A. I do—I have been working with Ham twelve weeks now—I also said that I had never had a wise with him during the last five years—the place where we stood, at the Alfred's Head, was in a kind of circular bar—it was round—we were up in the further corner—Critchley was standing with his back to the wall, facing the bar—Richards was not facing him, he stood along side of him, up in the corner—I stood facing him; I had not my back to the bar, my back was to the wall—t was as close as I could be to him, very nearly touching him—Ham, I believe, was standing a little behind me—I don't know Westrop—perhaps I should if I saw him—there were two or three more there; in fact, I think Richards offered to treat one man—I should think he was about three or four yards, or four or five yards off, something of that sort—Critchley put his hand in his pocket, in this way, and put something down, like that, and I heard it—I can't say that he had a trowser's pocket like mine—I did not notice that—I know I was there to notice; but not those trifling little things—I can't tell where his pocket was—I am sure it was his trowsers pocket—I can't tell you whether it was at the side—he put it in this way—I should not think he kept it there three or four seconds—he then pulled it out, put it down in this way, and put something into Richards' hand—had put it down as if
to avoid it being noticed—I should think so, by the way he did it—I don't think he was trying to conceal it from me and Ham; but there were several more in the bar, and he had told me previously that nobody knew anything of it but us four—I saw what I believe was gold—I believe I did see some—to the best of my belief it was gold—I know I saw some money, that I swear—I saw it as his hand was passing—I can't tell positively whether it was gold or silver; but I believe it was gold, by the ratting.
Cross-examined by MR. METCALFK. Q. How many public-houses did you go to in the course of this inquiry with them; was the Elephant and Castle one? A. The Rockingham, the first day, and, I think, the Elephant and Castle the next day, and then the Alfred's Head—I did not go to any other—Critchley told me the reason he was doing this was because Mrs. Miles was out of her mind—I said she looked peculiar when I searched her house—looked some ways afflicted—no other constable went with us on any of these occasions.
MR. GIFFARD. Q. You and Ham were watching Simpson's house? A. Yes—the 17th May was the first day—we were watching it for home weeks, off and on—Ham had been engaged with me in that way for those weeks.
ANDREW GERNON . I am superintendent of the P division of police—I was present when a letter was produced and read by Ham—in consequence of that and of communications he made to me, I gave him directions—I had Hot spoken of this matter with him before that—I never knew any-thing of it till I had that letter—after that he made a report to me, and on 25th May he gave me twenty sovereigns—I have them here (producing them).
Cross-examined by MR. METCALFE. Q. How long has Richards been in the force? A. I don't know—I have been nearly twenty-four years in the force—he was in the force when I first joined it; but not in the name district—he was in the M division—he was a sergeant when I knew him—I don't know whether he was so at the time I joined—I did not see him for years after I joined—I know he was superannuated; but how many years since I don't know—he has been attached to the Brighton Railway, under Inspector Carpenter—I don't recollect his being very much injured some years ago, in apprehending some burglars—I had very little to do with him—I was at the north of London, and he was in the south, and I scarcely ever met him.
Cross-examined by MR. MONTAGU WILLIAMS. Q. Ranger is not an officer employed on the Surrey side of the water, is he? A. He is now; but he was not at this time; he was in the Clerkenwell division—I asked for his assistance when I was transferred to the P division—I have only been there since last February—Ham has been employed on the other side of the water.
The following Witnesses were called for the Defence.
LUCY CRITCHLEY . I am a daughter of the prisoner Critchley—I am seventeen years of age—I know Mrs. Simpson—she came to our house on a Monday afternoon—I think it was Whit Monday—father was not at home—mama saw her—she seemed very excited, and said she wanted to see father—she said her husband had got into some difficulty or trouble, and she wished father to help him in some way, by bail, or something of the kind—she asked if Mr. Critchley could give him bail—I knew that Simpson had a public-house at Brentwood, and I went there once,
with my father, when he was ill, to stay for a fortnight—he had the gout, and he was bodily ill, and we thought the change would do him good; and he took me and my little sister with him—that was all I knew of then.
Cross-examined by MR. GIFFARD. Q. How long ago was that? A. I should think two and a half or three year—they were not old friends at that time—I don't think father had known him long—it is such a time ago, I don't recollect it very well—I don't think they had been friends—I don't know how we came to go there—I did not know that Mrs. Simpson was called Mrs. Miles—I never heard her called so, or Mr. Simpson called Mr. Miles.
GEORGE WESTROP I am manager to Mr. Wood, the omnibus proprietor at Walworth—I remember the first day of Epsom races, the Tuesday—I was at the Alfred's Head, that day, in the bar—it is a temporary erectment, a half circle—the part I was in was about 6 ft by 16 ft. I should think—I was there, taking some refreshment—I was outside—I don't know Ranger—I saw both the prisoners there that day—Sergeant Ham was with them and another man I did not know—(looking at Ranger) I could not say that was him—I did not take particular notice—I had known Ham for years—I went into the Alfred's Head with them—I had a glass of stout and bitter ale, or Burton—they also had something to drink—Critchley paid—he asked me, and I drank—we did not all drink together—a young man at the bar served me—I don't know his name—I was some three or four yards from them—they left before me—I did not see Critchley hand any-thing to Richards during the time I was there—if Critchley had put his hand into his pocket, and handed money to Richards, I should certainly have seen it—he did not do so in my sight; if it had been done I think I must have seen it—I did not hear the sound of money—yes, I did, I heard the sound of the money that Critchley paid the barman, on the counter.
COURT, Q. You say they went out before you; did they all go out together? A. Yes—all went out together—they were only in there three or four minutes altogether, as fur as I could judge—I was waiting there on business.
GEORGE FATHERS . I am barman at the Alfred's Head—I know Ham—I do not know Ranger—I have seen the prisoners before—I remember Tuesday, 26th May, the first day of Epsom—I saw the prisoner, Ham, and another man in our bar, that day—I served them—there was nothing between me and them but the counter, nothing in the least, to prevent my seeing them perfectly—the counter is about 4 ft, 6 in. high—as I stand it comes about so high (describing it), and it id about 11 in. wide—I was in the bar all the time they were there—there was nothing to take away my attention from them while they were there—I did not see any money pass from Critchley to Richards—if it had passed I must have seen it—I will undertake to say, on my oath, that nothing did pass.
Cross-examined by MR. GIFFARD. Q. Were they standing close to the bar? A. Yes—I did not notice which went out first; they all went out together—I don't know who went out of the door first—I was at the bar all the time—there were not many persons there, and I had nothing else to do than to look at them—I could have seen them if they had passed any money.
Inspector Taxner deposed to the good character of Richards.
GUILTY — Two Years' Imprisonment each.
782. WILLIAM GREEN (61), WILLIAM SIMPSON (56) , Feloniously receiving a watch, the property of Henry Drake, well knowing the same to hare been stolen; and WILLIAM CRITCHLEY (58), and THOMAS RICHARDS (56) , were charged as accessories to the fact.
MESSRS. GIFFARD and COOPER conducted the Prosecution; MR. SERGEANT
ATKINSON appeared for Simpson, and MR. STRAIGHT for Green.
No evidence was offered against Critchley and Richards.—
NOT GUILTY .
HENRY DRAKE . I live at 17, Albert Terrace, St. George's Road, Peckham—on 30th January I was in the Waterloo Road, and was stopped by a female—a man came up, apparently drunk—he stumbled against me—I took no notice of it—in a few seconds the female went away—I missed my watch and part of my chain—this (produced) was the watch I lost.
Cross-examined by MR. SERJEANT ATKINSON. Q. How do you know it? A. By the case—and inside you will find where I scratched my name, that has been erased—I broke the glass some months before it was stolen—I had a new glass put in, and after that I constantly found it open in my pocket—the number of mine was 7180—I looked for that at the Police Court, but could not find it—I bought the watch from my cousin, when he went to Australia, fifteen years ago.
Cross-examined by MR. STRAIGHT. Q. When did you first see the watch after it was stolen? A. I saw it at the Police Court, it was handed to me with other property.
MR. COOPER. Q. You went to see the stolen property? A. Yes—I picked my watch out of that property.
GEORGE RANGER (Police Detective). About 11 o'clock, on 17th May, I was with Ham in the New Kent Road—I saw Green and Simpson, and watched them—they went into the County Terrace public-house—they came out and went to 123, County Terrace—they remained there a short time—one went in the back way and one the front—they both came out, and I saw Simpson give Green a gold watch and chain—I followed Green to a pawnbroker's shop in the Walworth Road—I went in after him, and saw him offer a gold watch and chain in pledge—he asked 7l. 10s. on it, which was refused—he then left the shop—I followed and stopped him—I said, "Green, I shall take you in custody for having offered a gold watch and chain in pledge, this morning"—he said, "Mr. Ranger, I hare no gold watch or chain"—I said, "It is no use telling me that, for I hare seen you offer it in pledge"—he said, "Oh, I see you know all about it; I hare been employed by Miles to pledge this watch"—by Miles he meant Simpson—I took him to the station—I then went to 123, County Terrace, where Simpson lived—I saw him leaving the house—I said, "I am a police officer; I shall take you in custody for giving Green a gold watch and chain to pledge, this morning"—he said, "Why I don't know Green, Ranger"—I said, "Oh, yes you do, for I have seen you together this morning"—I told him I should search his house—he said, "You are welcome to search my house"—I went to the house, and Ham came just after I got there—I found a quantity of things, a diamond ring, a pair of gold earrings, a silver watch, three ladies' gold chains, one pin, three rings, sugar tongs, and plate—Simpson said, "I can give a good answer for them, as I have been a retired pawnbroker"—I found a great number of wash-leather bags.
Cross-examined by MR. SERJEANT AFEINSON. Q. I suppose at that time you had made up your mind to take him in custody? A. Yes-Turner was the
name of the pawnbroker where he took the watch—I saw him last when I redeemed a ring, a day or two after the prisoner was taken.
Cross-examined by MR. STRAIGHT. Q. How far is it from 123, County Terrace to the pawnbroker's? A. I should think 200 or 300 yards—then are small compartments in the shop—I went into one and Green into another—I should think he went forty yards from the shop before I stopped him—he said, "I see you know all about it, I have been employed by Miles to pawn this watch and chain."
JAMES MURRAY . I am a watch maker, at 30, Cornhill—this watch bean my name—it is not my make—I can see marks of a file having been used to the plate where the name is put—my impression is, the name has been taken out and another name engraved on it—I believe the case and works are part of the same watch—on the dial underneath there is a name scratched, and also a number—the number on the dial is 7180, and the name is Martin—the number on the plate is 4808—that plate appears to have undergone some alterations.
Cross-examined by MR. SERJEANT ATKINSON. Q. Is it your opinion or not, that there has been an obliteration of the number of the plate? A. That is my belief—one reason is from the name and number scratched on the dial; and on the comer of the plate the file marks are visible—the gold on the plate is fresher than the other—the front has been re gilt.
GUILTY .**Green toot further charged with having been before convicted.
WILLIAM BYWATER . I produce a certificate—(Read: "7th March, 1850. William Green, convicted, at York, of receiving stolen goods. Sentence—Fourteen Years' Transportation.")—I was present at the trial—Green is the man referred to in that certificate.
Cross-examined by MR. STRAIGHT. Q. Did you see him after the trial! A. I saw him in the prison yard in Newgate, last sessions—I had not seen him before that, since the trial, to my knowledge—I was a witness in the case—I had nothing to do with him afterwards—I had known him for twenty-five years previously.
GUILTY. Twelve Years' Penal Servitude each.
THE COURT ordered a reward of 5l. each to be given to Ham and Ranger.
MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
JAMES HAM (Detective Police Sergeant). About 12.30, on 24th June, I met the two prisoners in the Walworth Road—I had known them by sight for some time—they were going towards the Elephant and Castle—I stopped them, and said, "Where are you off to this time of night?"—they said, "Going home"—I said "Home! what do you mean? where do you live?" Bristow said, "2, Hanover Street"—I said, "Where are you going? to Maguire—he said, "I am going home, I live there, too"—I said, "Where have you come from now?"—Bristow said, "I have just come from my father's house, in Trafalgar Street; I have just been married to-day, and I am going home to my wife"—Bristow had a very heavy chain on—I said "Well, you won't go home yet, for I shall take you to the station, and see what you have got about you"—I called another constable and took them both to the station—I searched Bristow and found this chain and locket—I also took a stud put of his shirt—I took a watch from his pocket, and said "How do you account for this watch and chain"—he said, "I have been
working in Woolwich Gardens, and I bought it of a hawker for 11l., and you will find the receipt at my mother's house"—I asked him about the stud—he said he bought that in Woolwich Gardens, but he could not tell me the man's name, or where he lived—I found this pin in a scarf Maguire was wearing—I said, "How do you account for the possession of this"—he said, "I bought it"—Bristow said, "No, you hate made a mistake' I made you a present of it"—Maguire said, "So you did"—I then told them it was not satisfactory to me, and I should charge them with having property in their possession, and not giving a satisfactory account—I went to 28, Trafalgar Street, where Bristow's father lived—I found there two watches and chains, but finding no owner, the Magistrate ordered me to give them up to Bristow's wife—I went to Maguire's place, in Hanover street—I found two scarf pins and other trinkets—I have not got them here—I also found two watches, two neck chains, a locket, and three rings.
Cross-examined. Q. I believe the robbery at Mr. Tosen's created a great deal of attention at the time? A. It did—the matter was not placed in my hands to find out the thieves—I was not in uniform on this night—I was looking out for anybody I could find—I believe 200l. reward was offered for the finding of the thieves, and the recovery of the property—the articles lost from Mr. Tosen's shop amounted to 2000l.—I don't think I have told you more to-day than I did before the Magistrate—I have been told that Bristow was married on that day, and that Maguire was present at his wedding—I saw Mrs. Maguire—she had some rings on her finger—I told her to take them off—the Magistrate ordered me to give them up after-wards, on the second or third remand.
TIMOTHY BRIGDEN . I am a seedsman, and occupy a shop in the next arch to Mr. Tosen—I left my premises on 11th May, about 10 o'clock—I went the next morning—I found my assistant there—there was a hole cut through the wall dividing my premises from Mr. Tosen's—it was cut through the water closet, into his back yard—the wall was made of wood, brick, and plaster—the wood was cut away, and the bricks knocked out large enough For a man to get trough—I saw Mr. Tosen's premises had been broken into—a panel bad been broken out of the door, and in that way they got access to the shop—I never saw the prisoners until they were in custody.
JOHN JAMES TOSEN . I have a shop next to Mr. Brigden—on the night of 11th May, I left my shop about 8.30—I shut the door, and left the key with a young man who sleeps there; he was to get back at 10.30—I left about 2250l. worth of property in the shop, consisting of bracelets, and other things—I went to my shop at 8.55 next morning, and found that it had been broken into, and nearly all the property stolen—I have examined this locket; there is my mark on it—it is one of the Articles I lost on that night—I can speak positively to it; my private mark is on the glass, in ink—this stud is the only one I had in stock of that pattern—it was safe on the night of the robbery—I can speak to this scarf-pin, because It had a faulty point to the star—I can't speak to this watch and—some property was found down a drain in Battersea Park—that is all? have recovered—I don't know either of the prisoner.
Cross-examined. Q. Did not you say, before the Magistrate, that there were no marks by which you recognized them? A. I said the locket was very much rubbed—I have been five years in this business at London Bridge—I have been adding to my stock from time time, and selling
from time to time—I have no one else to assist me in my business—I had a large number of lockets—I bought all the things myself, and marked them—the rings are marked inside with my private mark—I never saw anybody else mark them in ink before—there are no marks at all on the studs—I recognize the pin by the faulty star.
MR. BESLEY. Q. When you were before the Magistrate, you identified the pin? A. Yes—I did not identify the locket, I only found that out yesterday—they were on the premises on 10th May, and the collar-stud as well—that was the only one of that particular pattern I had in stock.
Witnesses for the Defence.
JOHN BERRY . I live at 29, East Street, Walworth, and am a greengrocer—I have known Bristow eight years, ever since I have been a little one—I knew him when he was cellarman at Woolwich Gardens—I have seen him wearing that locket since Christmas—I never had any work to do with him—I remember him being married—I am quite sure I have seen him wearing that locket—I have also seen him with some studs—I have borrowed them myself, for an evening party, at Christmas—this stud I borrowed from Bristow on Christmas eve, and wore it at Christmas in my collar.
Cross-examined. Q. How old are you now? A. Fifteen—I have known Bristow seven or eight years—he has lived near us—he used to work for his father, at the Swan beer-shop—my father is not here—I was not examined before the Magistrate—I have seen Mrs. Maguire since the committal—Mr. Bristow asked me to come here to-day—I knew on 24th June he was being committed for trial on this charge—I was asked to come and give evidence five or six weeks ago—I knew that it was about a robbery on London Bridge—I saw it in the paper, and went to his mother next morning—I did not know that I ought to go to the Police Court—I came to this place last session—I never saw Maguire in Bristow's company at all—Mrs. Maguire was a stranger to me; I only know Bristow—Bristow kept company with my sister—she is not Mrs. Bristow now.
COURT. Q. How do you know the locket? A. I have had it in my own hands—there is no mark by which I know it—I know the stud only by wearing it in my own shirt.
JOHN REEVES . I live at 638, Old Kent Road—I have known Bristow fourteen or fifteen years—he has borne a respectable character during that time as an honest young man—I saw him with a locket similar to this, with the likeness of the last witness's sister and the prisoner Bristow in it—that was last Christmas—I should say if it was not the same, I never saw one more like it.
Cross-examined. Q. How long have you been in the Old Kent Road? A. Six years in the locality—I knew Bristow's father and mother—I went out fishing with him lately—I saw him two or three times a week—I have seen him since he was in custody—I did not see the locket at the Police Court—I never saw Maguire in my life till I saw him at the Police Court.
JOHN BACON . I live at Limehouse Fields—I have known Bristow from his childhood—I never knew him to do anything wrong at all—he was at North Woolwich Gardens last year, and he wore a locket similar to that—that was in July, I think—he was cellarman there.
Cross-examined. Q. How long was he there? A. The whole season, I believe—I saw him there twice—I knew his father—I can't say that he has
kept a beer-shop there for the last twelve months—I believe he has been jobbing about as a porter for some time—I can't say that he has been doing any work to my own knowledge—I don't know his companions—I hare seen him three or four times since I saw him at Woolwich Gardens.
ROBERT BBISTOW . I live at 28, Trafalgar Street—I get up sales, and carry on repairing of houses—I have been a licensed victualler—I gave that up three years ago—Bristow is my son—he is twenty-one next birthday—he was married the day he was taken—he paid his addresses first to a young girl named Berry—he had her likeness, one on a minature scale—I have seen this locket, it is James old one—he cut a bit of glass for it, to put in two likenesses, one for his young woman and one for himself—this is his stud, and his watch and key—I saw him wearing the locket two or three months before Christmas—he was at North Woolwich Gardens the whole of the season, and he was to be engaged at the forthcoming season—he has been able to support himself at home since then—I am sure that is his locket—he lent this stud to Berry last Christmas—it was in his possession four days.
Cross-examined. Q. Have you been in Court during a portion of the trial? A. Yes—I was ordered out, and I left—my son tad two or three lockets—I don't know whether they are gold or not—I don't think I have seen him with more than one with likenesses in it—I did not know that his locket was retained at the Police Court, containing the likenesses—I do not know Maguire—I never saw him till within two days of James being married—I knew my son's wife was a friend of Mrs. Maguire—I did not know they were living in the same rooms—I think by son went to the Woolwich Gardens last March twelvemonth—he was living with me up to May or June this year—on 11th May I was at the Surrey Theatre, and my son was with me—he bad the watch, locket, and stud then, just as usual—I saw nothing of Maguire on 11th May—I can't say what time he comes home every night—he has got the key—he spent 11l. on a gold chain after the 11th May.
MR. STRAIGHT. Q. Did he receive 52l. a year at the Woolwich Gardens? A. At the rate of 1l. a week, and board and lodging.
Witnesses in reply.
JAMES HAM . Amongst the jewellery that I gave up, there was a locket with two likenesses in, of a male and female—I gave them up to a person calling herself Mrs. Bristow—I have known Bristow by sight for the last ten years—I have soon him repeatedly during the last twelve months, at 12, 1, and 2 o'clock in the morning, in Look's Fields and the Kent Read—I have seen him with Maguire a great many times—I saw them together the day before I apprehended them—about three months before that they were together in the County Terrace public-house—I know the persons whom Bristow associates with very well—the locket I gave up was about the same size as this—it was not gold.
Cross-examined. Q. Did you get a receipt for the things that were given up? A. I did—it is at the police-station, on the file—I have seen Bristow frequently during the last twelve months, night and day—I know he was at the Woolwich Gardens a short time.
GUILTY— Judgment Respited,
MR. MOODY conducted the Prosecution.
CATHERINE QUICKLEY . I live at 11, Silver Street, Rotherhithe—I had a famished room in the prisoner's house, in Queen Street, Rotherhithe—on Monday afternoon, 26th July, a lodger went away, and we had two or three words about it—my husband knew nothing about the lodger going away, and I said so, and Honor a put up her fist to my nose and swore what she would do—I gave her a drive back, and pushed her hand away—she struck me with a lump of glass which stood on the table for an ornament, and Jeremiah got an adze and cut me with it on my shoulder, and made it bleed very sorely—I became insensible—my husband came in, and I was taken to Guy's Hospital—I had to go there three days a week—I had to go there still last week, and this was three weeks ago.
Honors. You took me by the hair of my head and dragged me round the room, and knocked my teeth out, and I hit you with a piece of glass Q. Did not you steal my blanket, counterpane, and candlesticks? A. No, you went to the pawnbroker, and we halved the money between us, but I returned it to you.
COURT. Q. Did this take place in her room or in your room? A. In her room—we were getting a drop of beer together—she had stabbed the man who went away on Saturday without paying, and I said something about it, and she put her fist up to my face—I did not pull her hair—I never bad time to touch her, before she took the lump of glass and struck me.
WILLIAM QUICKLEY . I am the husband of the last witness—I caw home from the White Horse, where I was getting a drink, and saw this scuffle—I seized my woman to pull her out—I saw the blow from the wife, but did not see the blow the man struck, because it was bound to come over my shoulder, he being behind me—my wife bled from her forehead, temple, and nose, and there wan a wound on her shoulder which made her insensible.
Honors. Q. Did you see your wife strike me? A. Yes—I do not deny it; but this wan a premeditated revenge, from Saturday night to Monday.
COURT. Q. When did you see your wife strike her? A. I do not knot where the blow alighted; but I saw her hand go, and I understood it to be a blow.
Jeremiah. Q. Did you see anything? A. You were behind me, and the blow had to come over my shoulder to strike my wife, because I had her in my arms; and if you had done the same, and catched your wife, it would not have happened—you do not know your duty as a man.
SAMUEL TILLSY . I am a surgeon, of Union Road, Rotherhithe—on 26th July, the prosecutrix was brought to my door in a cart, almost insensible, and bleeding profusely about the body and head—I found some wounds behind the ear, one on her forehead, one on her shoulder, and the skin of her nose was cut right across—the one on her shoulder was un-questionably' an incised wound—considerable violence was used.
and from thence to the hospital—on Wednesday, the 28th, I took Hoaors, on a warrant—she said that she did it in self defence that the prosecutrix struck her first in the face; but I saw no marks of violence—I took Jeremiah next day—he denied striking her with the axe.
Jeremiah's Defence. I am quite innocent of hitting the woman; the wound she got she got from my wife.
Honors's Defence. My husband never struck her, it was I struck her.
HONORA— GUILTY of unlawfully wounding— Six Months' Imprisonment.
JEREMIAH— NOT GUILTY .
Before Mr. Justice Montagu Smith.
MR. F. H. LEWIS conducted the Prosecution; and MR. STERNE the Defence.
GUILTY of the attempt.— Six Months Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. HARRIS conducted the Prosecution; and MR. MONTAGU WILLIAMS
DANIEL SULLIVAN (Policeman M 102). On 5th August, about 11.30, p.m., I went to the prisoner's house, 9, Fox Buildings, Kent Street—she was standing outside the door, and I told her I had come to search for some skins—I did so, and found these skins (produced) in a shed, in the back yard, under some baskets, covered by a costermonger's board—there was no entrance to the shed, except through the prisoner's home—the shed is about thirty feet from her back door-my brother officer asked her if the shed belonged to her—she said, "Yes"—he asked her if she could account for the possession of the skins—she said, "No"—I' took her to the statute—I found eight Churchville skittish, 100 Muscovy rat skins, twenty, five seal skim, two hare skins, and some others.
Cross-examined. Q. Is she a widow, with for family? A. Yes—I believe her husband has been dead about two years—the houses are in a row—there are neighbours on each side—I found ft man And his wife, and two children, lodging in one of the rooms.
COURT. Q. Have the neighbours access to the shed? A. No.
FREDERICK SMITH . I am a fur-skin dyer, of White Cross Place, Finsbury—these skins are mine—I saw them safe on 24th July, after which my house was broken into, and they were stolen—I afterwards saw them in the heads of the police.
JURY to DANIEL SULLIVAN. Q. How high is the wall between the houses? A. About fire feet.
NOT GUILTY .
NOT GUILTY .
MR. BROMBY conducted the Prosecution: and MR. PATER the Defence CHARLES HINDS, I am a wine cooper, of Charles Street, Mile End New
Town—on Friday, 10th July, 1868, I had a roan mare looked up in my stable, between 6 and 7 o'clock, p.m.—I saw her on the following Monday outside the Licensed Victuallers' School, Kennington Lane; Mr. Yardley's coachman was with her—the police took possession of her, and handed her over to me—I also missed a set of silver-plated harness.
THOMAS SHEPHERD . I am horse-keeper to Samuel Sleep, of the Blackfriars Road—on 11th July, 1868, about 5.30, I went to his stable and found a roan mare tied up to the ring—she was not there when I left the night before—after some time the prisoner onion, and said that he was going to see Sam. Sleap, the governor, and between 7 and 8 Mr. Owen came down with him—they looked at the mare, and went away again—I did not hear what they said, I was busy at work—the prisoner gave no explanation of why the mare was there.
Cross-examined. Q. Did Mr. Sleap see the mare? A. Yes—he said that she was too high a figure for him.
ROBERT OWEN . I am a master cooper, of 28, Jetsom Street, Westminster Road—on a Saturday in July, 1868, the prisoner came to my cooperage, between 9 and 10 o'clock, and said that he had a roan mare for sale, which would suit me, price sixteen guineas—it was rather above my price, and I declined to go to see it, but afterwards did so, and after a two hours trial bought her for 14l.—he said that three horses were left to him and his brother, and he wanted to sell the mare to go and see about the property—I sold the mare the same day to a friend.
Cross-examined. Q. Was the mare exercised in your presence previous to your buying her in the presence of Shepherd, Mr. Sleap's horse keeper? A. Yes, to show her to me—I was to take her back to Mr. Sleap's stable if I did not approve of her, or the prisoner would have come for her.
MR. BROMBY. Q. If you had not liked her you would take her back to the owner? A. Yes—by the owner I mean the prisoner—I never saw Mr. Sleap.
SAMUEL SLEAP . I live at 19, Queen Street; I have known the prisoner ten years.—on the morning of 11th July, 1868, the prisoner showed me a mare in my stable—I had not left the stable open, I had put the key under the door for the man to get it in the morning—the prisoner could have got into the stables that way—I told him she wan too heavy for me—no part of the stables belongs to the prisoner.
Cross-examined. Q. Will you venture to say that you never gave the prisoner instructions to sell the sure for you? A. Never, how could I when I never bought her—she was there without my authority—I drove my cab away on Saturday morning, and left her there—I heard the same afternoon that Owen had bought her—I did not receive the money—I have three cubs, none of them are driven without a license—I had not seen the prisoner before for eighteen months, to my knowledge—he has never ridden on the spring of my cab within that time—I did not tell the prisoner to go to Owen and sell it as his own property—I heard the statement that Norton made before the Magistrate—I once bought a hone of Mr. Vines and lost the money, that was in my stable, too—it was asserted that it was stolen, and a young man got four years for it, and I lost the money—I had seen Thomas Bowman, but did not know him till the morning in question—I was not in the prisoner's company on 15th July, about 8 o'clock.
MR. BROMBY. Q. Have you rather a large stable? A. There is only room for seven horses—people sometimes bring horses and put them up in my stable to look at.
DAVID CARTER (Policeman H R 39). I took the prisoner, on 24th July, this year—I told him the charge—he said that he knew nothing about it—I took him to the station, went out, and when I returned I found he had escaped from the cell—I took him again on 27th July, and said, "Davis, you will have to go back"—he said, "Yes, and I suppose stop, this time."
Cross-examined. Q. Did you take him on the charge of stealing a black mare? A. Yes, he was in custody when this charge was preferred.
COURT. Q. You took him on a charge of stealing a black mare of Sleep's, and when he was in custody he was identified as having stolen the roan mare? A. Yes.
The Prisoner's statement before the Magistrate was, that he sold; the black mare for Mr. Sleap, and gave him the money.
MR. PATER to S. SLEAP. Q. It is said that he stole a black mare and harness of yours; on what date was that? A. June 28th, this year, it was twelve months before, within a few days, that the roan mare was stolen—I suspected, on the same morning, that the prisoner stole the black mare, because Norton gave me a description of him—and I was with two detectives for a week, but could never find mare or man—I have not seen the prisoner since he brought the roan mare, or I should have locked him up.
Witnesses for the Defence.
WILLIAM REDDING . I am a stableman—I was last employed at Mr. Bowman's—I was called before the Magistrate, and my evidence taken down—I never saw Sleap till 15th July, this year—on 18th July, this year, at 8 a.m., I was riding with Mr. Kibble and Mr. Bowman, and sow the prisoner riding on the spring of Mr. Sleap's cab, in Fenchurch Street—Mr. Sleap was driving, and had a fare in his cab—I heard Mr. Sleap say, about 6 o'clock that morning, "I have got my black mare and harness back, and that was all I wanted"—I was outside his door—I do not know whether Sleap saw the prisoner on the spring—when I looked routed he got off—I did not speak to him—it was a Hansom's cab.
Cross-examined. Q. How long have you been out of employment? A. Four years—I have been in trouble previous to this—I was convicted, and had eighteen months, for being connected with a burglary—I do Hot know whether Sleap saw me, but he saw the prisoner on the cab, because I saw them talking together—after that I saw Sleap going along with the fare in the cab, but I never spoke to him.
MR. PATBR. Q. When was it you were in trouble? A. In 1860—since that I have been in employment—I worked for three years for Mr. Joshua East, a livery stable keeper.
JOHN KIBBLE . I live at 13, Red Lion Road, Clerkenwell, and am a cab proprietor and greengrocer—I have never been convicted, and hope I never shall—on 14th July, a little after 6 o'clock, I went to Sleap's place, and stayed there till he came out—I only said, "Good morning," but Mr. Bow-man, who was with me, spoke to him while I stood by—the prisoner was not there at that time—Mr. Bowman said, "Mr. Sleap, we have some Information, and we think we know where to find this man; we want you to come along with us, and we think we can take him"—Stop said, "I shall not go, let him go," pointing to me; "I stall not trouble myself my further about it; I have got my marc and harness, and that is all I want"—in
consequence of his refusal to go with us, we went by ourselves, and drove by the Eastern Counties Railway, Shoreditch, and Gracechurch Street; and coming down Gracechurch Street, one of us said, "Here comes Sleap"—I looked up directly, and saw Sleap coming towards us, driving a Hansom's cab—we were on Bishopsgate Church side—we stopped the cart, to see which way he was going—he went down Fenchurch Street—he had one gentleman in the cab, with dark clothes on—we followed three or four vehicles behind, and had hardly got far down before I saw a man riding on Sleap's cab, and I said, "As sure as I am born, that is the man we are looking for, on Sleap's cab"—we hesitated what to do, and I allowed him to go on—but I made up my mind to take him, and as I got out of the cart, Sleap turned his head and looked round, and the prisoner jumped down off the cab—I ran across the road after him, and thought he had gone up the street that leads to the Blackwall Railway, but I lost him.
Cross-examined. Q. As soon as Mr. Sleap turned round, did the prisoner jump off? A. Yes.
MR. BROMBT to S. SLEAP. Q. Did you, on the morning of 15th July, see the prisoner sitting on one of the springs of your cab, in Gracecurch Street? A. I cannot remember being there—I did' not meet Kibble; I never saw him after a little after 6 o'clock—I never allow anyone to ride on the springs of my cab, I am heavy enough myself.
MR. PATER. Q. Do you know Kibble? A. Never before the charge of stealing my home—Mr. Bowman was at the Police Court—he is not here—Newton is in Court—I swear that the prisoner was not in my company at 8 o'clock.
GUILTY — Two Years' Imprisonment.
MESSRS. POLAND and GRAIN conducted the Prosecutions.
JOHN BOARDMAN GILL . I live at 17, Upper Hill Street, Peckham—on 17th July, about 8.30, I watched the prisoners, in Walworth Road, and saw Lever take something from his pocket, in tissue paper, unwrap it and give it to Brown, who passed it to the man not in custody, who went over to Bernasconi's, a confectioner, in Walworth Road—the prisoners remained on the opposite side—I communicated with a man next door, and followed the prisoners—Brown left the other and went back to the shop—I walked behind and heard him say, "Jot has put the piece down, and has got away"—the officer secured them—the person I spoke to went into Bernasconi's.
DOMINIC BERNASCONI . I am a confectioner, of 131, Walworth Road—on 12th July I served a man with a bottle of ginger beer—he gave me a sixpence—I gave him fivepence change, and put it with four other sixpences, in the till—a neighbour came in and made a statement to me—I found a bad sixpence in the till, and gave it to the constable.
WALTER ROBINSON (Policeman P 139). Gill spoke to me, and I took Lever—he said, "What are you going to do? I do not know that man"—they were together, and were both taken in custody—I found on Lever 4s. 6d. in copper, and G*. in silver, among which were two bad sixpence and two pieces of tissue paper, with the marks of sixpences on them—Brown was searched in my presence, and a good sixpence and a cigar-holder found on him—Bernasconi gave me this sixpence (produced).
THOMAS NEVILL (Policeman P 41). I was at the station—the prisoners were put into separate cells, and I hoard Brown say, "They did not find much, did they? I dropped them all but two; I could not get those into my mouth"—Lever said, "I am afraid it will be a case with me"—Brown said, "You must tell the old woman to sell the pigeons, and get a small room to herself."
Brown. I told you it was not your place to make any remark, it was your inspector; with that you struck me three times on the ear. Witness, I did not.
ALLEN JOHN HARRIS (Policeman, R 13). I searched Brown, and found a good sixpence, a cigar-holder, and a herring—on the way to the Police Court, I said to Brown "Can you tell me the name of the man who escaped?—he said "Yes, I will tell you; his name is Jos Clark"—I said, "Where does he live?"—he said, "I cannot tell you."
COURT. Q. Did you see Brown struck by any constable? A. No.
Brown. He did strike me; and in the dock also; the two inspectors saw him.
Lever's Defence. I never was in the shop in my life. The man not in custody met me, and the first witness must have known him. He put a piece of paper into my hand, and I stood in the middle of the street for half an hour. This lad came up to me, but he knew nothing about it I never knew they were bad.
Brown's Defence. I did not know it was a bad sixpence.
LEVER— GUILTY — Two Years Imprisonment.
BROWN— GUILTY. He received a good character. Recommended to mercy by the, Jury. — Four Month's Imprisonment.
INGRAM PLEADED GUILTY — Five Years' Penal Servitude;and MR. POLAND offered no evidence against JONES—
MR. METCALFE conducted the Prosecutions.
MARY ANN HUTCHINGS . I am a stationer, carrying on business at High Street, Barnes, with my sister—before 11th February, I had been selling bibles for the British and Foreign Bible Society—I had at that time 5l. in hand for them—the prisoner called on me on 11th February, and said he was come to see what money I had in hand, and to close the depot, as there was no society at Barnes—he said he was come from the society—I told him I had 5l. belonging to the society—I handed the money over to him when he said he had come to sec what money I had in hand—he said I should have a receipt from the society in the course of a short time—I did not see him again till he was in custody, in July, at Wandsworth—I never had any receipt from him—the bibles had been transferred to me from Mr. Lavington.
Prisoner. Q. Have you ever seen the Rev. Mr. Hewlett of Barnes? A. I have not—a gentleman called from the society, and I told him I had
paid Mr. Cozens 5l., and had received no receipt for it—I never made any charge—you said you had been sent down by Mr. Hewlett to break up the depot, as there was no committee formed—I was aware at that time that there was no secretary and no treasurer—you said the society wished to with draw the depot, and you had come on purpose that it might not be done.
ALBERT LAVINGTON . I am a draper, at High Street, Barnes, and for some time I acted for the British and Foreign Bible Society—it was after-wards transferred to Miss Hutchings—about 11th February the prisoner came to me, and said he had received 5l. from Miss Hutchings—I told him I had 5s. 3d. for the society, and I gave it to him—I took a memorandum of it—he did not give me a receipt—there had been a treasurer at Barnes, but he had left—the society was in a disorganized state at that time—I knew the prisoner as acting for the society—I had paid him money before—30s. in March, 1868.
Prisoner. Q. At that time you paid the 5s. 3d. was there a secretary, treasurer, or committee at Barnes? A. I believe not—there were never two depots at one time at Barnes—I understood that you were going to pay it in as coming from Miss Hutchings, in one amount.
REV. JAMES PHILIP HEWLETT . I am a clergyman, and one of the district secretaries of the British and Foreign Bible Society at Blackfriars—we have district associations connected with the parent association—the prisoner was in our employment in February last, as a conveyances for the society, and to do any work that I might set him to do—it was not his duty to receive money and bring it to me—he ought not to have gone to these persons at Barnes and received the money—I knew on the following Monday, when he gave in his report, that he had visited Barnes—I did not know that he had received any money—he never said a word to me on that or any other occasion about having received money from Miss Hutchings or Mr. Lavington—I did not know of his receiving 30s. of Mr. Lavington before—his salary was 30s. a week at first, and in December he had 100l. a year—the object of the society is to circulate bibles under cost price—we discharged the prisoner shortly after, on account of some other matters—that was on 22nd February—after that we lost sight of him entirely—we set the police in motion as soon as we could get a clue to him.
Prisoner. Q. How long were you employed by the society in London before I left? A. About four or five months—the society also discharged two clergymen and two colporteurs, besides yourself—I got a grant of 5l. for one of the colporteurs before you left—the Rev. Mr. Tiddy, one of the clergymen who left, acted in a very similar position as myself—I am doing his work now—I have visited Barnes—I did so before February last—the matters were in an unsatisfactory state—I did not request you to go down to Barnes and break up the depot, and bring up all the books and money—I daresay I sent you to Barnes, but not to get money.
MR. METCALFE Q. If the prisoner did receive money, it was his duty to pay it over to Mr. Hitchin. A. Yes, having first reported it to the district secretary.
WILLIAM HITCHIN . I am accountant and assistant-secretary to the British and Foreign Bible Society—if the prisoner received any money he ought to account for it to me—he has accounted to me for moneys—he never accounted to me for 5l. received from Miss Hutchings, or 5s. 3d.
received from Mr. Lavington—I paid the prisoner's salary every Monday morning, and on his leaving, oil 22nd February, I paid him an extra week, at the request of Mr. Hewlett—he never said a word about the 5l. at that time—in the March previous he accounted to me for 30s. received from Mr. Lavington—he has been in the society some years.
Prisoner. Q. Would it be my duty, if I received money, as I was appointed to do, to pay it to you or the auxiliary secretary? A. That would depend on the instructions you received—if you were acting under the auxiliary secretary, you would pay it in there—I always want to know what society sends the money—I refused to take the last sum of 10s. you offered me, because you did not tell me who you had received it from—if you had said you had it from Mr. Lavington, or anyone else, I should have taken it and given you a receipt for it—I told you to go to the district secretary and ascertain what was to be done with it—it was some months ago.
—HILL. I was the predecessor of Mr. Hewlett as district secretary—the prisoner was under me—I, at times, directed him to receive money—if be received 5l. 5s. 3d. from Barnes, for bibles and subscriptions, he would have to take the money to Mr. Hitchin after he had mentioned to me that he had received it—he had no right to collect money without express authority—I left in Michaelmas last—nothing had gone wrong with the prisoner up to that time, to my knowledge.
Prisoner. Q. You were in the society previous to my being engaged? A. Yes—I never found you to neglect your work—when you paid moneys over to Mr. Hitchin he always required the name of the society from whom you received it—you offered a half-sovereign to Mr. Hitchin and could not tell him the society—he refused it as irregular, and I took it back to Mr. Lavington, who at that time was secretary.
MR. METCALFE. Q. The subscriptions were entirely distinct from the purchase account? A. Yes—the prisoner ought not to have gone to this depot without express instructions from Mr. Hewlett, and if he did receive money, he ought to have paid it to Mr. Hewlett, and mentioned it in his account of going to Barnes.
JAMES COLE (Policeman B 239). I am warrant-officer at the Wandsworth Police Court—on 6th July, a warrant was placed in my hand—at that time I did not know the prisoner's address—I went to Hyde Park to find him—he met a young woman by appointment there—I afterwards want to Durham Terrace, Chelsea, and found that he lived there—I heard that he was going to meet a young woman by appointment, because a letter came into the hands of the Bible Society—it was returned to the Post Office first, and being written on one of the Bible Society's headings, it was returned to them—I found out where the young woman lived, and followed her—I apprehended the prisoner when he came to meet her—the prisoner had written to her, and the letter was returned to the Bible Society's office.
Prisoners Defence. I went to Barnes, because I was directed by Mr. Hewlett. I received the 5l. and 5s. 3d., and was going to pay it in one sum to Mr. Hitchin. He has stated that he could not take money unless the name of the society is given with it. I knew that when I took the money, but I did not know that in a few days I should be discharged. I was looking about to find someone to form an auxiliary society, and on the day I left I obtained Mr. Lavington's consent to become auxiliary
secretary again. In a short time I should have got someone to become treasurer, and then I could have paid the money to the accountant. I knew I could not pay it in; he had already refused a sum from Barnes, and I had to complete an auxiliary in order to put in the name of the society.
NOT GUILTY .
ADJOURNED TO MONDAY, 20th SEPTEMBER, 1869.