CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
ELEVENTH SESSION, HELD SEPTEMBER 20TH, 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, September 20th, 1869, and following days,
BEFORE Sir WILLIAM BALIOL BRETT, Knt., one of Her Majesty's Justices of the Court of Common Pleas; Sir GEORGE HAYES , Knt., one other of Her Majesty's Justices of the Court of Common Pleas; Sir FRANCIS GRAHAM MOON , Bart, F.S.A, JOHN CARTER , Esq., F.A.S. and F.R.A.S., WILLIAM LAWRENCE , Esq., M.P., Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; Sims JOHN GIBBONS , Esq., ANDREW LUSK, Esq., M.P., and JOSEPH CAUSTON, Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery Of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM JAMES RICHMOND COTTON, Esq., Alderman.
CHARLES WILLIAM COOKWORTHY HUTTON, Esq.
ALEXANDER CROSLEY, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. ELEVENTH SESSION.
A star (*) denote that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 20th, 1869.
Before Mr. Recorder.
MESSRS. METCALFE and MONTAGU WILLIAMS conducted the Prosecution; and MESSRS. STRAIGHT and BROMBY the Defence.
In this case the prisoner had given a bill of sale upon his property to his brother, for advances alleged to have been made by his brother. THE RECORDER was of opinion that although the facts might amount to a fraudulent preference, the case did not come within the Bankruptcy Consolidation Act of 1861, upon which the indictment was framed, the prisoner was therefore ACQUITTED .
MESSRS. STRAIGHT and BROMBY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLES MONK . I am the manager of the Upper Assam Tea Company, at 69, King William Street—we have a carman named Davis in our employ—on 21st July, about 4.45, a man came in and asked if there was anything for Davis—he went out and came in again about five minutes afterwards' and said, "Are the things ready for Davis?"—I said, "Yes,"—a van was then standing outside—there was nothing in it—the prisoner was in the van—the man took out the parcels—when he had taken out the fire parcel I went to look at the van—I did not see the name of Davis on the van, and I called Mr. Cook's attention to it—there was the name of "J. Howse, carman," on it, in gilt letters on a red ground—the man who took the parcels away signed this receipt for them in the name of Smith—the goods were worth about 15l.
Cross-examined. Q. I think you have already stated that to the best of your belief the prisoner is the man you saw outside the shop? A. In the
van—he was without his coat when he drove up to the door—I had never seen him before—he is the man—I did not notice him when he drove away—I saw him again next day—I did not pick him out from others—the van was at the door about six minutes.
GEORGE COOK . I was manager of the Upper Assam Tea Company at the time in question—I have since left the employment—on 21st July, about 5 o'clock in the afternoon, Monk drew my attention to the man driving up for these parcels—I went out to examine the van and the man—I examined the van and horse very carefully and took down the name, and copied it in a book, "J. Howse, carman"—it was written on a red ground in yellow letters—the horse was a very peculiar one—it had a white face—the prisoner is the man I saw in the van—I noticed him specially, and am quite confident he is the man—I saw the van drive away, it turned round towards King William's statue, the road was blocked up, and he stood up for a minute or two in the van—I saw him again next day in Old 'Change—I was with Hawkes the detective—I said then I would not swear to him because he was differently dressed—he had not a coat on, his sleeves were tucked up and his waistcoat unbuttoned, and he had a different appearance—I said I should like to see him with his coat on before I could swear to him—I did see him with his coat on at the Mansion House, and I was then convinced he was the man.
Cross-examined. Q. The first time you found out you had no doubt about it was when you saw him at the Mansion House? A. said to the best of my belief he was the man when I first saw him, but I would not swear to him till I taw him with his coat—the man I saw in the van had his coat on when he drove away—I did not see him before he drove away—I saw him when the last parcel was being taken out, he had his coat on then.
FREDERICK JOHN DAVIS . I live at 23, Old 'Change—I am a carman and contractor, in conjunction with my father—I am employed by the Assam Tea Company, to forward all packages and deliver town goods for them—I know the prisoner—I did not employ him on 24th July, to go to the Assam Tea Company to obtain tea for you—I might have employed him some months ago, I can't say for certain.
Cross-examined. Q. You knew him before as a carman? A. Yes—I don't know his handwriting—he stands for hire at the corner of Watling Street, with his cart.
JOHN HAWKES (City Detective.) On 22nd July last I saw the prisoner in Old 'Change—I asked him if his name was Howse, and if he was a carman, he said, "Yes"—I pointed to a van and asked if it belonged to him, he said it did—I asked him if he had any other van besides that, he said, "No"—I then asked him if he had gone to 69, King William Street, to the Upper Assam Tea Company's Offices to receive any parcels of tea the night previous, about 5 o'clock, he said, "No"—I said, "This van was seen standing there"—he said, "That can't be so, for I had charge of the van, and took five parcels of goods from Messrs. Morgan's to the Docks"—Mr. Cook, who was present, said it was the horse and van he had seen the night before at 5 o'clock—the prisoner then said, the van was in his stables at 5, Sidney Street, Mile End, at 5 o'clock—I asked if he had any objection to my going to Morgan's respecting the statement he had made—he said, no he wished me to do so—I went there and saw the warehouseman, Wills—the prisoner said he had started from Cannon Street with the packages at 3.30, and had taken one package to the London Docks, and four to the East India Docks
—I reminded him that half-an-hour was a short time to go to both those places, and he said, "I took one to the London Books, and went part of the way to the East India Docks, but found it was too late; finding I was late, I brought them back and left them in my stable to take the following morning"—I asked the prisoner's carman whether he had been employed by his master to take any goods to the London Docks the day before, from Morgan's—he hesitated for a moment, and he said, "To tell you the truth I did; five cases were brought out of Morgan's, they were placed in the cart, I took one to the London Docks, and the others I took home to the stables"—I stated that to the prisoner, and he said, "You can believe me or not, I have told you the truth—I asked the prisoner what time be got home with his van, he said, "Shortly after 5 o'clock"—I asked him if he had let the van to anybody else for any purpose—he said, "No, I was out with the van myself in the morning, and never left the charge of it till I got home to the stables at night, and you can inquire at my place and you will find that is true"—he said he was quite willing to assist me in any way, and I went to his residence in Henry Street, Mile End, and saw his wife—the prisoner was taken to Bishopsgate Police Station—I afterwards saw him there and asked him if he had anything further to say to me—he said, "I may as well tell you the truth, my man took one case to the docks, and I lent the van to a man named Swabey, who applied for it in the afternoon, stating that he wanted it to fetch two pads of mackerel, which he could get a crown out of"—the prisoner then said to his man, who was present, "Did not I meet you at 4.30 in Throgmorton Street, at the Gladstone Wine Company"—the man said, "Yes, you did, you were there some short time, and sent me to St. John's Wood"—the carman said be left the van in Cannon Street, at 3.30 when he received the five cases, and he returned at 4.30, and he then saw his employer, and the van was then empty; he saw no more of the van after that till he saw it in the stables, after he had got back from St. John's Wood, at 8 o'clock.
Cross-examined. Q. Did he say what his matter had been to the Gladstone Wine Company for? A. To assist him in placing some goods in the cart to take to St. John's Wood—I told the prisoner I was an officer, before I asked him any questions—he was standing close to the van with his man, in Watling Street.
CHARLES DAVIS . I am a carman, at 23, Cannon Street—I carry parcels for the Assam Tea Company daily—I know the prisoner—I did not employ him on 21st July last to do anything for me—I never gave him any authority to call for anything in my name on that day.
JOHN WILLS . I am warehouseman in the employ of Messrs. Morgan, shipping agents, 42, Cannon Street—I have known the prisoner for some years—I saw him on 21st July—he asked me as usual if I had anything for the Docks—I said I had four for the lower and one for the upper—I told him it was rather late, and if he could not go to-day he had better leave it till the next—he said he had the cart coming, and he could take four in the cart and one in the van—I loaded the cases into the van—the cart came up and he transferred the four oases to the cart—the docks generally close at 4 o'clock.
Witnesses for the Defence.
THOMAS COKER . I am a carman, and reside at 9, Sidney Square, Mile End—I was called as a witness before the Magistrate—I was in the prisoner's service on 21st July—I was out with his cart and horse till 2 o'clock that day—I took five cases to the docks—I left the prisoner with the horse and van in Cannon Street—at nearly 3 o'clock I saw some persons come up to him—I did not hear what they first said, but before I went away I heard them say, "Do you want your van this afternoon?"—he said, "I don't know that I do"—"Because I want it for two hours"—I did not hear any more, they had been talking for some time before; I then went away—I was not at home when the van came home—after leaving the prisoner I took one case to the London Docks, and took four cases home, and then the van came home—that was a little past 4 o'clock—I was there when it came home—I then went from home to Throgmorton Street, to the Gladstone Wine Company—I got there at 5 o'clock—the prisoner was there—I took the cart there—I loaded directly; that did not take more than five minutes—I took the wine to St. John's Wood—this (produced) is my writing, to the delivery there—I then went home—I got home at 8 o'clock—the prisoner was at home then—whether the van went out again after 4 o'clock or not I don't know.
Cross-examined. Q. Where do you live? A. I lived with the prisoner at Mile End, in his house—I have lived with him two years—I am his nephew—I left the van in the stables at a little past 4 o'clock—I left at 4.30 and went straight to Throgmorton Street, where I found the prisoner—I left him there at 5 o'clock—the van was brought home by one of the men I saw speaking to the prisoner.
JOSEPH ROBERT ROSS . I am the proprietor of the Gladstone Wine Company—I have known the prisoner about twelve months—I have always been perfectly satisfied with what he has done for me—he has carried all my goods, both to the Docks and the Custom House—the van and horse that he had I lent him the money to pay for, and when he paid it off by his work, it was to be his own property—on 21st July some champagne was loaded at my place, in a cart—I saw the prisoner there, and Coker, between 4 and 5 o'clock—it was after Dock hour—I remember it perfectly well, because I grumbled at the lateness of the time—my place is about five minutes' walk from the Assam Tea Company.
NOT GUILTY .
796. JOSEPH DAVIS (16) , to stealing a ring of Stephen Cox, and 300 pieces of paper, of Jacob Perkins Bacon, and another, his masters— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
798. FREDERICK BRAN (37) , to stealing two pewter measures, of Charlotte Campus, having been before convicted— Twelve Months' Imprisonment, and Seven Years under Police Supervision. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, September 20th, 1869.
Before Mr. Common Serjeant.
EDWARD NEWMAN WILSON PLEADED GUILTY .
MESSRS. TURNER and WIGHTMAN conducted the Prosecution; and MR. WARNER SLEIGH defended Ann Simpson.
BENJAMIN HILL (Detective Policeman.) On 25th August, I was on duty at Haverstock Hill, about 1 o'clock, and saw the two Simpsons loitering about—I followed them down Park Road, and saw them join the other two prisoners—the two Simpsons went into Mr. Charles' shop, the of others went on—when the Simpsons came out, I went in and spoke to Mr. Charles—I then followed the two Simpsons into Pond Street, where Emma Wilson joined them, they went towards the Lower Heath, where the mate prisoner joined them—I went into a house, and saw them next on the Upper Heath—I went to the station and got assistance—Smith took the man, and I took the three women—Ann Simpson said, "Let my daughter go, she is innocent; she had nothing to do with it"—I had made no charge then—Ann Simpson gave me this purse at the station; it contained a bad shilling—she afterwards gave me a good florin and shilling—Emma Wilson was carrying this basket, containing two purses, one of which contained nine bad florins, separately wrapped in paper, and the other, eleven florins and three half-crowns, wrapped up, all bad; also a paper packet containing fourteen bad shillings—I received this florin and shilling from Mr. Charles—they are bad—the prisoners were looked up in separate cells, and Emma Wilson called out, "Mrs. Simpson, you say that you and Polly came up to Hampstead for a walk, and accidentally met us, and I gave you the shilling to pass"—Ann Simpson said, "Oh I what will become of your children"—Emma Wilson called to the male prisoner, "Teddy, my love, what made you say I was not your wife?"—he said, "I must say so, I gave you this, for I am responsible for you."
Cross-examined. Q. Were you standing outside Charles' shop? A. Yes; he is a chandler, and people can get tea and coffee cooked on the premises—I do not know whether the prisoners had anything to eat or drink—they stayed perhaps five minutes—it was two hours from the time I first saw them till they were taken—I lost sight of them, some time, and then found them on the heath, larking.
COURT. Q. Do you know whether the Wilsons are man and wife? A. I do not.
Emma Wilson. I am his wife. (Handing in her marriage certificate.)
SARAH CHARLES . I am the wife of William Charles, a general dealer, of Fleet Street, Hampstead—on 25th August I served the two Simpsons with, bread, meat, sugar, and tea, which came to 11 1/2 d.—they gave me a shilling, which I put in the till, where there were other shillings, gave them 3/4 d. change, and they left.
Cross-examined. Q. They took away what they bought? A. Yes—I afterwards saw my husband take the shilling out of the till.
WILLIAM CHARLES . I am the husband of the* last witness—on 25th August, Hill, the detective, made a communication to me, and shortly afterwards the male prisoner came in for some meat, bread, and cheese, which came to 4 1/2 d.—he gave me a florin—I took it, and said, "Halloa, how many more have you of this sort?"—He said, "I don't know, is it not good?"—I
said, "It does not appear so"—he took out some more half-crows and shillings, and said, "Try them, and take for what I have bought out of the—"I took a good half-crown and gave him the change—I told him I was not satisfied, took his address, and told him I would send him the florin by the police inspector next day—I searched the till, and found a bad shilling—I then went out and told Hill, and gave him the florin.
WILLIAM WEBSTER . This shilling of 1865, alleged to have been passed by Ann Simpson, is bad; so is this florin, passed by Edward Wilson—these are bad florins of 1865, found on Emma Wilson, some of which are from the same mould as that uttered by Edward Wilson—here are also fourteen florins of 1865, several of which are from the same mould as that attend by Ann Simpson, and found in the till—these three half-crowns are bad—this, shilling of 1865, found on Ann Simpson, is from the same mould as that found on Emma Wilson, and the one found in the till.
EMMA WILSON and MARY ANN SIMPSON— NOT GUILTY .
ANN SIMPSON— GUILTY — Nine Months' Imprisonment.
PLEADED GUILTY — Seven Years' Penal Servitude.
MESSRS. WIGHTMAN. and TURNER conducted the Prosecution.
ELIZABETH BAINES . I am barmaid at the George, Great Queen Street, Lincoln's Inn Fields—on 14th August I served the prisoner with threepenny worth of brandy—she gave me a shilling, I gave her the change and then found it was bad—I had not put it into the till—I showed it to my master, who gave the prisoner in, custody—three months ago, or a little more, the prisoner gave me a bad sixpence, and a month or six weeks ago a bad shilling—I recognized her directly she came in, and mentioned it to the potman—and kept the shilling in my hand.
Prisoner. You put it in the till. Witness. I did not.
JOHN CONRAD HARBIT . I am landlord of the George—the last witness gave me a bad shilling—I recognized the prisoner, told her I had cautioned her before when she had passed bad coin previously, and gave her in custody with the coin—I saw my barmaid take the shilling, she did not put it in the till, she gave it to me directly.
Prisoner's Defence. If I had been into the house before, and they had broken the shilling in two, I should not have gone again.
GUILTY **— Twelve Months' Imprisonment.
MESSRS. WIGHTMAN and TURNER conducted the Prosecution; and MR. RIBTON the Defence.
Street, Chelsea—on 10th September, between 8 and 9 p.m., I served the prisoner with a glass of ale, which came to 1 1/2 d., he gave me a half-crown—I tried it, found it was bad, and saw the prisoner going out, without waiting for his change—there is a mirror all round the bar—I gave it to the landlord, who went out, brought the prisoner back, and sent for a constable—the prisoner put some money on the counter, I put my finger on tile shilling, put it to my teeth, broke it in two, and gave the pieces to the constable.
Cross-examined. Q. Did you know him before? A. I believe he came in two months ago, with a bad florin, but I cannot swear to him, though I am confident, in my own mind.
JAMES JUDD OSBORNE . I am landlord of the Rose and Crown—on 10th September, I was sitting in another compartment, and saw the prisoner; be called to a glass of ale, and tendered a half-crown, which proved to be bad—as soon as he saw the barmaid trying it, he went out of the house—I west out, overtook him about fifty yards from the house, and told him he must go back for his change, which he did—I followed him, and sent for a policeman, who asked him what other money he had—he pulled out 13s. in good silver, a bad shilling, 1s. 11d. in coppers, three packets of tobacco, and two keys—the barmaid pointed out the bad shilling—I put my initials on the half-crown.
Cross-examined. Q. Did the prisoner appear to have bean drinking? A. Yes; but he was not drunk, he knew what he was about perfectly well.
WILLIAM ROLLISON (Policeman B R 19). I was sent for, and the bar-maid picked out a bad shilling from the money on the counter—I took the prisoner, searched him at the station, had found three small packets of tobacco, a seidlitz powder, four sixpences, a threepenny-piece, and 1s. 11d. in coppers—the packets of tobacco are all from different shops—he gave his name William George, on Saturday, and gave his address on Monday.
The Prisoner's statement before the Magistrate was, that he must have got the bad money when playing at cards.
Witnesses for the Defence.
THOMAS PILE . I live at Princes Road, Buckingham Palace, and was formerly butler to the Earl of Leicester—I have known the prisoner two yean—he has been a gentleman's servant, and latterly a waiter at the Crystal Palace—on Friday evening, 10th September, about 6 o'clock, I met him in Allington Street, near the Victoria Station—we had a glass of ale, and I asked him if he had change for a half-crown which he gave me—this bent half-crown produced, may be the one I gave him—I cannot say—he was the worse for liquor.
Cross-examined. Q. What are you? A. I am out of a situation, having been nearly three months on a bed of sickness—I last knew the prisoner employed as one of the head waiters at the Crystal Palace this summer—I know this was on a Friday—I was first spoken to about it a few day's ago.
MR. RIBTON. Q. Did you hear of his being taken up? A. I read it in a newspaper, on Saturday the 13th—he was taken on Friday—it was not the Friday week before—he was remanded on Saturday till Monday—I did not go to give evidence before the Magistrate, I was not asked—the prisoner's wife applied to me, and I went to the solicitor and gave my evidence to him.
COURT. Q. What is the prisoner's name? A. William Elliott—it is not William Jones—I read it in the paper, but did not know it was the same
man—I know several William Elliotts, but the prisoner is the one I was with on the 10th.
MR. RIBTON. Q. You say his wife came to you? A. Somebody came to me from her, on Monday night—the name I read in the paper was Elliott, not Jones—it was a weekly paper.
MR. TURNER Q. Were you up here giving evidence, a Session or two ago, in a Mint case? A. No.
SAMUEL BEALE . I was butler to Lady Waugh, at Hampton Court, but have left two or three months—last Friday week, 10th September, 1 was at the Brewery public-house, Little Chester Street—the prisoner, who I have known two years, came in, nearer to 6 o'clock than 5—there were other people here, playing at cards—I know some of them—he was asked to play; he did not want to, but he was forced, and played at cribbage—I saw seven or eight shillings altogether, and the people were betting on him—he won almost every game—they were smoking and drinking—he went out and came in again several times, but was away a very little time—a good deal of money changed hands—I do not know White Lion Street, Chelsea, or the Rose and Crown—the prisoner bears a very good character.
Cross-examined. Q. Where was he when you first knew him? A. At the Crystal Palace, as a waiter—he has been so ever since—I have seen him there four times—I have heard that he lived with Lord Calthorpe, and I think I saw him when he was with the Archbishop of Armagh.
MR. RIBTON. Q. When did you first hear of him? A. Last Saturday—a friend of his who has gone to Yorkshire applied to me, and I was served with a subpoena.
GUILTY — Nine Months' Imprisonment.
OLD COURT.—Tuesday, September 21st, 1869.
Before Mr. Recorder.
The following prisoners PLEADED GUILTY:—
COX*— Eighteen Month's Imprisonment, and Five Years under the Supervision of the Police.
EVANS**— Seven Years' Penal Servitude, and Seven Years' under the Supervision of the Police, [Pleaded guilty: See original trial image.]
805. GEORGE RICHARD BURTENSHAW (17), and HENRY SMALLRIDGE (20), to a burglary in the dwelling-house of William Baynes, and stealing two coats and other goods, his property— Nine Months' Imprisonment each. [Pleaded guilty: See original trial image.]
807. GEORGE ELLIOTT (20) , to stealing two rings, two watches, one brooch, a chain, and a locket, of George Frederick Blumberg, and others, his masters— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
809. WILLIAM WHELPLEY (32) , to forging and uttering an authority for the delivery of a quantity of white deals, with intent to defraud; also to unlawfully obtaining 1000l. by false pretences— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
810. JOHN TUCKER (28) , to three indictments for stealing seven handkerchiefs, and other goods, of Hugh Moir and another, his masters. He received a good character— Six Months' Imprisonment. [Pleaded guilty: See original trial image.]
811. JOHN EGFROM (20) , to a burglary in the dwelling-house of Andrew Christy, and stealing therein one pair of ear-drops, three table-covers, and other goods, his property, having been before convicted**— Seven Years' Penal Servitude, and Seven Years' Police Supervision. [Pleaded guilty: See original trial image.]
812. HENRY TAYLOR (20) , to a burglary in the dwelling-house of John McGee, and stealing therein a box of dominoes, and other articles, his property, having been before convicted— Seven Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
MR. R. N. PHILIPPS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS STUBBINS . I was acting as fourth officer of the ship Tantallon Castle—the prisoner was a seaman on board, during the voyage from Calcutta England—I missed several articles from my chest—a gold ring, some handkerchiefs, a shirt, some socks, and some cosmetique, and when I arrived in the docks I missed a sovereign from my purse—on arriving here, I called a policeman to search the prisoner's chest, and saw these articles (produced) found in it—they are mine—at the beginning of the voyage the prisoner washed for me for a short period, but he never washed white shirts or handkerchiefs—in consequence of the prisoner's bunk in the forecastle being injured in the rough weather, he slept amidships where I was—and he might have had access to my chest.
Cross-examined. Q. Are there any marks on the shirts? A. No, but they are made of a particular pattern of which I have the Counterpart; and the cloth is peculiar; and they are made either for studs or buttons—the handkerchiefs are not marked, but I produce counterparts of them—theprisoner stated, in my presence, that he had bought the handkerchiefs in Calcutta, and that a man named Bryno was present when he bought them—Bryno was called forward, and he said he saw the prisoner go into a shop in Calcutta, and bring out a parcel tied up, and the prisoner said they were handkerchiefs, but he did not see them—I have the cosmetique here—it is a thing a seaman would not be likely to have—there were twenty-six men on hoard—two men and two boys slept amidships—the prisoner said that the shirt was given to him by a man who died in the passage out.
COURT. Q. Was Bryno called as a witness before the Magistrate? A. Not at the first hearing; he was subsequently.
NOT GUILTY .
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS HAND . I am cashier at Messrs. Glyn, Mills & Co.'s bank, 67, Lombard Street—Mr. Draper, of 81, London Wall, keeps an account there—on Saturday, 24th July, this cheque for 400l. was presented at the bank, and paid by me in one 300l. note, No. 98145, dated 26th November, 1868,
and one 100l. note, No. 55526, dated 10th August, 1869—I believe it was presented about from 2 to 2.30.
FREDERICK WINDLE RITCHIE . I am a clerk in the Issue Department of the Bank of England—on Saturday, 24th July, these two notes for 300l. and 100l. were brought to the bank between 2 and 3 o'clock, to the best of my belief, by the prisoner—I gave gold for them—the names of John Draper and Henry Austin, 81, London Wall, were written on the notes when they were brought.
Cross-examined. Q. The prisoner was a stranger to you, I suppose? A. Yes—I speak to him merely from recollection, and from asking him various questions—I asked him whether the money was for export, or what it was for, being a large amount in gold—we generally put the question when the amount is over 200l.
THOMAS AGER . I am a clerk in the Weighing Office, Bank of England—on Thursday, 29th July, 370l. in gold was brought to me, to the best of my belief, by the prisoner—this memorandum was written by him at my request on one of the forms, "370l., Danube Steam Navigation Company, 81, London Wall, F.C."—I received the gold, and filled up a ticket in order that he might receive notes for it, and passed it on to Mr. Gimmingham, in order that he might give the person the notes he required.
Cross-examined. Q. The person, whoever he was, was a stranger to you? A. Perfectly so.
MR. POLAND. Q. Did you hear the prisoner speak at the Mansion House? A. Yes—to the best of my belief he is the person.
HENRY GIMMINGHAM . I am a clerk in the Issue Department of the Bank of England—on 29th July I received this ticket from Mr. Ager, to pay 370l. to the Danube Steam Navigation Company—on receiving that ticket I gave the person 370l. in bank notes—to the best of my belief the prisoner is that person—I was very busy at the time—I did not notice his face much, but his figure had height seems to correspond with the party I paid it to, but I could not say positively—I gave him four 5l. notes, Nos. 49334-7 inclusive, dated 3rd June, 1869, and seven 50l. notes, Nos. 43512-18 inclusive, dated 9th April, 1869.
JOHN DRAPER . I am a merchant, carrying on business at 81, London Wall—I use the same place of business as the Danube Steam Navigation Company—Captain Pietroni is the agent of the company—on 24th July last the prisoner was a clerk in my service—he had been with me about ten or eleven years—his salary, last year, was about 60l.—I had other clerks in my service, Samuel Hole, John Hendry, and Edwin Owen; they are all here—I kept an account at Glyn, Mills, Currie & Co.—my. Cheque-book was usually kept in the drawer of my writing-table—all the Clerks would have access to that—I received my pass-book on 31st July—it contained this cheque for 400l., dated 24th July—it was not signed by me or by my authority—it had no relation to any of my business matters—I invariably made my cheques payable to a number, except when I have drawn a private cheque at home—my cheque-book was shown to me by one of my clerks, and six cheques were missing—this cheque is one of those, the second missing number—the words "John Draper and Henry Austin, 81, London Wall," on these notes for 300l. and 100l., is in a handwriting very similar to the prisoner's; to the best of my belief it is his—this memorandum for 370l. for the Danube Steam Navigation Company is more like the prisoner's, it is more striking than the other—I decidedly believe that to
to the prisoner's—I communicated with my bankers—on 27th August, Hendry, my clerk, made a communication to me—at that time the prisoner had been examined before the Lord Mayor—in consequence of what Hendry said to me I looked behind a cabinet—at first I could not tee anything; we then moved the cabinet, and on lifting up a lucifer-box which had fallen, we found under it this envelope, fastened, addressed to Mr. Ernest Bowyer, Deacon's News Rooms, Leadenhall Street, E.C.—that bears the stamp of the prisoner's writing; I believe it to be his—the letter was afterwards opened in my presence, and it contained these seven 50l. notes and a 5l. this memorandum, "Have stopped the enclosed till I 'hear from you John."—I believe that to be in the prisoner's handwriting—the signature to the cheque is a good imitation of mine—the prisoner has been about ten years, or more, in my service—I took him quite as a lad.
Cross-examined. Q. Had you a person named Jones in your employ? A. Yet, he left me two or three years ago—he must be some years older than the prisoner—he left because I did not find him a sufficiently able clerk—he has been a witness in this case—I cant tell whether he was on intimate terms with the prisoner—they had a misunderstanding about twelve months' ago, I think.
MR. POLAND. Q. Have you seen Jones since he left you? A. Oh yes.
JOHN HENDRY . I am a clerk in the employ of Mr. Draper, and live at 4, Clarence Street, Colebrook Row, Islington—I know nothing about this cheque for 400l.—to the best of my belief, the writing on these two notes for 300l. and 100l., is the prisoner's—on 27th August, a woman who I believe to be the prisoner's Wife, came to the office about 9.25 in the morning—Mr. Draper came about 10.20, and in consequence of what the woman had said, I made a communication to him, and made a search with him—I saw him find this letter—I believe it to be the prisoner's writing, also the memorandum inside—I have seen a good deal of his writing in the office, every day—I hare been a year and three months, with Mr. Draper.
SAMUEL HOLE . I reside at Castleman Villas, Barnes—I was formerly a clerk to Mr. Draper—I was so on 24th July, and had been about eight months—I know nothing whatever about this cheque for 400l.—I believe the writing on these notes for 300l. and 100l., to be the prisoner's, also the memorandum on blue paper—the address on the letters, I do not recognise, or the memorandum inside.
EDWIN JOHN MEADOWS OWEN . The handwriting on these two bank notes, I believe to be the prisoner's—the blue paper seems very much like his handwriting; it is more forcible than the other—I think the envelope is like his writing when he was writing very slowly, half printing—the enclosure is not so forcible—it has some resemblance to the way in Which he joins his letters together, otherwise it has no resemblance.
Cross-examined. Q. You would not like to give an Opinion about it? A. No, the others seem very forcible indeed.
AUGUSTUS PFETRONI . I am a captain in the Austrian service—I act as the agent, in London, for the Danube Steam Navigation Company—their offices are at Mr. Draper's, 81, London Wall—I never sent the prisoner on the 19th July, or at any time, to the Bank of England, to get gold exchanged for notes—the writing on this piece of blue paper is very like the Prisoner's handwriting—also the writing on the notes.
business on my own account, at 106, Fenchurch Street, City—I was formerly in the service of Mr. Draper, for six years and a half—I left him about two years and a half ago—during the time I was there, the prisoner was a clerk—I know nothing about this 400l. cheque—I know the prisoners handwriting—I believe the writing on the two notes to be the prisoners, also that on the blue paper.
Cross-examined. Q. You know his handwriting very well, don't you? A. Inasmuch as he was six and a half years under me of course I had lots of opportunities of judging of his handwriting—I have had a good many communications with him in eight years, not lately—I may have had one or two monetary transactions with him—I will not swear I have not had more, but to the best of my belief, not—(Looking at a number papers) I have seen these before. (Three I O Us were put in and read, two dated 28th August, 1866, for 4l. 8s. 11d., payable to W. C. Jones, on 9th October and 2l., payable on 11th September, and one dated 29th August, 1868, for 13s. payable on 31st October. Signed John Gibb). I took these I O Us from the prisoner, as promissory notes for the payment of cash, which he had received without my authority, upon a cheque made payable to me order by the Mutual Insurance Company—he had gone to the Mutual office for it—it was a cheque belonging to me, and he indorsed it in my name, and cashed it—I mean to say that he forged my name—I received these I O Us in consideration of that money—I think on two occasions I borrowed many of the prisoner, once 5s., and once 2s. 6d.—these letters are in my writing. (Several memorandums without date, were put in and read, in two of which the witness requested the prisoner to let him have 4s. or 5s. and 11s., on the old account). I cannot tell whether these were written after I left the prosecutor's service—these I O Us were made out separately for the convenience of the prisoner, they were all drawn up and handed to me at the same time; I am sure of that—after the affair of this cheque there was a certain coolness between us, but latterly I have been upon more friendly terms with him—I was not in the habit of meeting him day after day up to the time of his being taken into custody—the last time I saw him was about 30th July—he was taken on the 5th August.
MR. POLAND. Q. Were you entitled to some commission from the Mutual Insurance Society? A. Yes—this is the cheque, for 7l. 8s. 11d. dated 26th August, 1868—the endorsement, "W. C. Jones," on it, is the prisoner's writing—I did not take any proceedings against him—I give him a good talking to about it.
CHARLES TROUGHTON . I am a clerk at Deacon's Advertising Office, in Leadenhall Street—this letter, addressed to Mr. Ernest Bowyer, Deacon's News Rooms, Leadenhall Street, E.C., was received at our office on the morning of the 4th August—it was applied for by the prisoner on the morning of the 5th, between 10 and 11 o'clock.
GEORGE THYER . I am a clerk in the money-order office in Leadhall Street—on 4th August the prisoner brought me this request for a money-order for 4l. 15s., payable to John J. Gibb, of 227, Walworth Road, from Alfred Weston, of 17, Arthur Street, Kingsland—he gave me this 5l. bank note, No. 49334, dated 3rd June, 1869—I gave him 5s. out, and gave him the money-order for the amount—within a quarter of an hour afterwards the constable Haydon came in, and made some inquiry of me.
5l. note, No. 49336, dated 3rd June—I got it changed at the counter of the Consolidated Bank, and gave the money to the prisoner—my name is written on the back of the note.
PETER JOSEPH GEORGE . I am a clerk in the London and County Bank—Mr. Gurney, of the European, keeps an account there—I produce a 5l. note, No. 49337, dated 3rd June, 1869; it was paid in to our bank to Mr. Gurney's credit—it has on the back of it the name of Henry Austin.
MICHAEL HAYDON . I am a detective sergeant of the City Police—on 4th August I was in the neighbourhood of Lombard Street, near the Post office—I saw the prisoner go in there—I was watching there—after he had left, I Went in and spoke to Mr. Thyre—I took the prisoner into custody on the following morning, between 11 and 12 o'clock, at Mr. Draper's office.
GUILTY of uttering — Twelve Years' Penal Servitude
MR. WOOD conducted the Prosecution,
JAMES SMITH . I am a seaman, living at present at the Sailors' Home, in Well Street—on 6th September I was at the Crooked Billet, on Towns Hill—there were several women there—I was going towards home, and saw the prisoner, she said she was thirsty and hungry—I said, "Come in here, and I will give you a drink of beer," and I did so, and a biscuit—I there said, "Good night, old girl, I am going home to my tea"—she reached up her hand and snatched away the last 2s. I had—I saw her pass it to her breast—I held her up against the counter, and told her to give it see back—she would not give it me—she took it out of her breast and passed it to another girl, who ran away with it—the prisoner got away from me, and ran as hard as she could—I followed her half way down Rosemary Lane—I did not lose sight of her—a policeman came along, and I charged her with robbing me of my money—she said she did not do any such thing, some other Woman did it—she said there were seven girls with me.
Prisoner. I did not attempt to put my hand in his pocket at all; I was standing at the bar and the women were straggling with him; they ran after me and said I had got the purse, and he tore my bonnet off my head, and said, "Give me my purse, or you shall not have your bonnet; the publican told him that another woman had taken it. Witness. He did say as, but he harbours the like of them at his house—I was quite sober—I said if she gave me up the purse, I did not want to charge her—I did not say I knew she had not taken it—I am certain she did take it.
WILLIAM HORTON (City Policeman 764). On the night of 6th September I was in Rosemary Lane, near Tower Hill, and saw the prisoner running and the prosecutor after her—he stopped her—I went and asked what was the matter—he said she had picked his pocket of a purse containing about 6s—she denied the charge, and said some of the other girls had run away with it—the prosecutor was perfectly sober.
GUILTY †— Eight Months' Imprisonment.
MR. COOK conducted the Prosecution.
of copper, and one coil of lead pipe, signed "Thomas Hill"—I said I thought it was rather strange he had come from Mr. Hill, as I had had no dealings with him for some time—I asked him what made Mr. Hill send him—he said Mr. Hill paid ready money, and dealt where he liked, and the money would be paid if I weighed out the goods—the goods were made up and at 7 o'clock in the evening he called for them, and paid for them with this cheque—upon that I let him have the goods—I afterwards sent the cheque through my bankers, and it came back marked "No account."
THOMAS HILL . I live at 132, Bunhill Row—the prisoner was formerly in my employ as errand-boy, but has left me more than four years—this order is not mine, or by my authority; nor the cheque either—I never had a running account at the London and County Bank, merely a deposit account.
JOHN LLOYD . I am a cashier in the Limehouse branch of the London and County Bank—this cheque was originally issued to a man named William Henry Everet, a builder, of Crisp Street, Poplar—the account was opened on 20th April, 1866—he had two cheque-books, of twenty-five cheques each—the account was closed on 18th August, 1866—sixteen of those cheques have been presented at the bank, amounting to about 300l., purporting to be drawn by tradesmen in the neighbourhood; but we have not paid them, so that the bank has not lost a penny.
Prisoner's Defence. I can assure you it is not my handwriting; neither could I write it, I am no scholar—I was not aware it was wrong; it is quite a mistake altogether—I was employed to do this, had I known it to have been wrong I would not have attempted anything of the sort.
GUILTY of uttering. He further PLEADED GUILTY to a previous conviction in August, 1867— Seven Years' Penal Servitude.
MR. LEIGH conducted the Prosecution.
JOSIAH WARR . I am a detective officer of the I Division—about 7.30 on the evening of 8th September, I saw the prisoner in the Hornsey Road, walking backwards and forwards—I watched him for about three-quarters of a hour—I saw him go into a shop and come out again—I went into the shop and a parcel was shown to me containing 15 1/2 lbs. of screws—inconsequence of that, I went and apprehended the prisoner, and took him back to the shop—I showed him the packet, and asked him if it belonged to him—he said "Yes,"—I asked where he got them from he said he had bought them, he refused to tell me who from—I took him to the station—he then said he had bought them of a man at Houndsditch, but he could not tell me who he was, or where he lived, and he refused his own name and address.
GEORGE COLEMAN . I am in the service of Joseph Samuel, an iron-monger, of 239, Upper Street, Islington—on 8th September, the prisoner presented to me this order for screws, dated 8th September, 1869, purporting to be signed "P. R. Vivian"—he deals with us, and believing it to be his signature, I gave the screws to the prisoner—these (produced) are the screws—I had seen the prisoner in the shop before, and gave him the screws, thinking it was all right.
February, when he left—I did not send him to Mr. Samuel's on 8th August—this order is not my writing, or by ray authority—I know nothing of it—it if not my son's writing.
Prisoner. Q. During the time I was in your employ, was I walking about? A. Of course—I very likely sent you on messages—I don't recollect ever sending you to shops, I never sent you to Mr. Samuels, to my knowledge—my son always wrote the orders, he was my clerk—After you left me, you acted as a messenger in Highbury New Park, and had at badge on your arm.
JAMES VIVIAN . I am the son of last witness—I did not authorise the prisoner to go to Mr. Samuel's with this order on 8th September—it is not my writing, it is the prisoner's—I never authorised him to get any screws for me.
Prisoner. Q. Have you not sent me to Mr. Shankley's to get varnishes? A. Not that I know of; I never sent you anywhere to get anything—I sever sent you to Mr. Samuel's to get screws or bolts, to my knowledge—I won't swear about it, because I don't know—I never gave you any order, verbal or otherwise, to get these screws—you left our service on 15th February, and I never employed you since—I saw you on 16th August, and asked what you were doing—I did not give you this order and tell you to bring me the things, and give you sixpence for your trouble—I am in the habit of going to Highbury Barn—I have a season ticket—my father allows me what I require—I have teen you write while you were In my father's service.
Prisoner's Defence. During the time I was in Mr. Vivian's employ, I wss sent on different occasions to Mr. Samuel's and other places, for things, and on each occasion I had an order from James, Vivian. I have never been in trouble before. Since I left the prosecutor I have been employed as a messenger in Highbury New Park. I had an fall from a scaffold and Was not able to do manual work for some time.
GUILTY of uttering — Eighteen Month's Imprisonment.
MR. WARNER SLEIGH conducted the Prosecution; and MR. MONTAGU
WILLIAMS the Defence.
ALEXANDER JOHNSON . I live at 11, Dove Road—my daughter, Susannah Johnson, was married to the prisoner, at St. Philip's Church. Bethnal Green on 3rd September, 1863—I was present and saw her married—I produce the certificate—my daughter is alive I saw her about twenty minimum ago.
Cross-examined. Q. Where has she been living for the last two or three years? A. She lived with her aunt after the prisoner left—he left her in January, 1867—she a now living; with a young man named Moore.
DIANA ELIZABETH METCALFE . I live at Oakfield Place, Goldsmith Road, and am a widow—I have a daughter named Hannah—on 21st December 1868, she was married to the prisoner, at st. John's Church, Hoxton—I Produce the certificate, and was present at the marriage.
Cross-examined. Q. When did you become acquainted with him? A. At my father's funeral—I found out that he was a married man about a month ago—I did not know his wife—I saw her first when I went to
Worship Street—I believe the prisoner went to the station and gave him self up.
GUILTY .— Eighteen Months Imprisonment.
MR. STRAIGHT conducted the Prosecution.
WILLIAM SIMMONS (City Policeman 461). On Monday, 26th July, I went to 8, Burdett Street, Westminster Bridge Road, a house occupied by a Mrs. Pear—I went into a room there, and found six sheets, a chemise, two bed-gowns, and other things, marked "West London Union"—the sheets were nearly new; they appeared to have been used once or twice—after words took those things to the union, and there saw Sarah Hardy, who has since died—I had a communication with her, and showed the things to her—on the evening of 20th August, I received two sheets and a pillow-case, also marked "West London Union," from a woman named Godsell—I took the prisoner into custody on 26th July, at Brentwood—I did not take Sarah Hardy into custody—she was before the Magistrate and was committed for trial for stealing the things—I know that she is dead.
GEORGE EDWARD PHILLIPS . I am master of the West London Union, Holloway—Sarah Hardy was in the infirmary of the workhouse, from January, 1867—previous to that she was nurse to the lying-in wards-articles of this description have been missed from the union—they were used in the lying-in ward—they are the property of the guardians of the poor.
CHARLES DIMSDALE . I live at 22, Salisbury Square, Primrose Hill—I know the prisoner—I also knew his mother—I have been with him to the West London Union occasionally—I want first about fourteen or fifteen months ago—the second time was about twelve months ago—when he came out of the union on the first occasion, I said he appeared to be much shouter than when he went in, and he said, he generally made it pay when he went there—I went with him to his lodging, and he took from underneath his waistcoat, two sheets and a flannel petticoat, and a pair of stockings from his pocket—the sheets were marked "West London Union the second occasion he went into the workhouse I waited for him, and we walked home together—he was away ten minutes or a quarter of an hour—I walked home with him, and he took two sheets from his waistcoat, and two towels from his pocket, and other articles of clothing—I asked him what was the use of the things to him, and he said he had a plant for them—I did not mention this to anyone, because it did net concert me, and I did not know whether he was allowed to bring, such things away or not—I knew his mother was in the workhouse—the prisoner ran away with my wife—I did not know where he was until he was apprehend—I did not give information of my own accord—the police summoned me her.
MR. STRAIGHT proposed to give evidence of a preview convicts of the
Prisoner in accordance with the "Habitual Criminals' Act," 32 & 33 Vic. c. 99, sec. 2, of part. 4, which enacts "Where any person who, either before or after the patting of this Act, hat been previously convicted, it found in possession of stolen goods, evidence of such previous conviction shall be admissible at evidence of hit knowledge that such goods have been stolen, and such proof may be given of hit previous conviction before evidence it given of his having fan found in possession of such goods, provided that not less than seven days notice shall' be given to such person that proof is intended to be given of his previous conviction, and that he will be deemed to have known such goods to have been stolen, until he has proved the contrary.
WILLIAM SIMMONS (re-examined). I gave a written notice to the prisoner that at previous conviction, of July, 1863, would be proved against him—I have not got a copy of the notice, it is at the Police Office—I did not read the notice to the prisoner, I was not allowed to—I was allowed to give it him, but not to read it—I gave it him last Tuesday—evidence of a previous conviction was given at the Police Court, and he heard at—the notice was that a sentence of three years' penal servitude would be proved against him at this trial—the notice was drawn out at the Police Office—it stated that he would be deemed to have known such goods to have been stolen, until he proved the contrary—I am sure there were those words.
THE RECORDER was of opinion, that in the absence of the notice, the previous conviction could not be given in evidence—and at there appeared to be no notice on the prisoner to produce the one given to him, secondary evidence of its contents could not be received. MR. STRAIGHT suggested, that a notice to produce might at once be given to the prisoner. THE RECORDER considered this could not be done.
The Prisoner's Statement before the Magistrate:—"I mean to plead guilty to taking the sheets."
Prisoner's Defence. With reference to my statement at Guildhall, I was then under the delusion that my mother would be discharged. I did not care what became of me; I thought any more imprisonment might be the death of her. That is my only defence for the statement I made at Guild-hall. I was not in possession of the articles, as the home belonged to my mother, and I acted under her instructions; the things belonged to her. I went there as a lodger of her's after I lost my wife.
GUILTY of receiving. He was further charged with having been before connected, on 13th July, 1863, to which he
PLEADED GUILTY— Seven Years' Penal Servitude.
MR. DAVIN conducted the Prosecution.
WILLIAM SIDNEY ADAMS . I live at 6, Matthews Road, Stoke Newington, and am a plasterer—on 5th September, about 11.30 at night, I was going along the Kingsland Road—the two female prisoners sprang out upon me—they held me, and called out "Bill"—the male prisoner came up; and hit row in the face—the female prisoners then left go of me—I had seen my watch safe about three minutes before—I missed my watch after the females left go of me—I said so to Dilby, and he struck me again, and ran away down a turning—the female prisoners went down the first turning on the other side of the road—a railway porter came up, and I told him whit had
occurred—he went for assistance—a constable came up, and we went after the females first—they were caught running, and I gave them in charge—after they were locked up they gave the other prisoner's address, and we found him in bed—I charged him with robbing me of my watch—he said he knew nothing about it—I am positive he is the man who struck me—I knew him by sight before, by seeing him with the two girls.
Dilby. He said he would pay me the first time he got hold of me.
Witness. I have not had a quarrel with him.
Smith. Q. Did you see me take the watch? A. No.
AMOS LIVINGTON (Policeman N 51). On the morning of 6th September I took the two female prisoners—they were running down a turning oat of the Kingsland Road—I called out to Collect, and she stopped—I told her the charge, and she said she had known the prosecutor a long time, but she did not know anything about the watch—Smith said she knew nothing about it—I went to Dilby's house, and took him into custody—he said he did not know anything about the watch; he had seen the prosecutor, and struck him on the nose; it was concerning a quarrel between them; something about the females—the prosecutor was perfectly sober.
Dilby's Defence. I know nothing about the watch. I went up and asked what he had to say about me; he said it would not take much to knock me down and jump on me, and I struck him in the face.
COURT to ADAMS. Q. Did you feel a tug at your watch? A. No—I have the whole of the chain; the watch was taken from it—I never went out with the girls—they have accosted me on my way home, but I told them I wanted nothing to do with them—I have seen Dilby with the two females—I had seen my watch about three minutes before—there was not much violence—I have no idea who took the watch—I have not seen it since.
NOT GUILTY .
NEW COURT.—Tuesday, September 21st, 1869.
Before Mr. Common Serjeant.
822. WILLIAM GEORGE WELBORNE (28) , PLEADED GUILTY to two indictments for embezzling the sums of 25l., 10l., 4l. 11s. 4d., 4l. 5s., and 3l. 12s. 6d., of Alfred Richard Hollebone, and others, his masters, He received a good character—Recommended to mercy by the prosecutors—Eighteen Months' Imprisonment.
823. SARAH BROWN (39) , to burgloriously breaking and entering the dwelling-house of Abraham Barzilla, and stealing therein three dresses, his property, having been before convicted.**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. TURNER conducted the Prosecution.
MARIA HOWARD . I assist my brother, a baker, of Caroline Place, Ful-ham Road—on 25th August, about 8.30 p.m., the prisoner gave me a shilling for a two penny loaf—I gave him the change, examined the shilling after he left, and found it was bad—I kept it in my purse by itself, and afterwards gave it to F 200.
WILLIAM BUTLIN. I am a baker, of Broadway, Hammersmith—on 25th
August, about 9 p.m., the prisoner came in, took up three milk-rolls, and gave me a bad shilling—I gave it back to him, and told him to go about his business—I followed him out, and saw him loitering about the shop—he went in again, and I followed him—he was carrying another loaf, and had given a bad shilling to my shopman—I gave him in charge—I could not disfigure the first shilling, it was too hard.
Prisoner. I was very tipsy? Witness. You feigned drunkenness.
ELIZABETH ANN BIRD . I am assistant to the last witness—on the evening of 25th August, the prisoner took a two penny loaf from the window, and gave me a bad shilling—Mr. Butlin came in, and I gave it to him.
GUILTY — Nine Month Imprisonment.
MR. TURNER conducted the Protection.
JAMES BRANNAN . On 20th August, about mid-day, I went with Inspectors Brannan and Fife, and other officers, to the neighbourhood of the Jamaica Stores public-house—we remained there till 10 o'clock at night, when the prisoner came out of the Jamaica Stores, and proceeded along Broad Street, into Holborn—we watched him—he turned round, and saw us, and I directed Curley and Hines to seize him—I said, "Is your name Kane?"—he made no reply—I said, "My name is Brannan; I have received instructions from the Solicitor to the Treasury to look after you, as a dealer in counterfeit coin; have you any about you?—he said, "No"—Curely searched him, and took from his inside coat pocket this parcel—I opened it, and said, "This is counterfeit coin"—it contained six packets, wrapped up separately, with paper between them—each contained ten half-crowns, which had undergone the usual process of slumming with lamp black and grease; and from his waistcoat pocket four half-crowns, loosely wrapped in paper—I said, "These are had; you will have to account for the possesion of them; anything you say relating to it I shall have to name before that Magistrate, and perhaps elsewhere"—he said, "I have been a long time out of work, and have a wife and six children in Scotland; I done this to get them bread; I learned this from a woman named Smith, who it now doing time in Edinburgh, for had money"—I said, "Oh, she taught you, did she?"—he said, "No, I learned it from her letters"—he was taken to Bow Street station, where Hine said to me, "I have seen this man going frequently to the parcels' receiving office, Hart Street, Bloomsbury, with parcels; I have no doubt they contained counterfeit coin"—the prisoner said, "I have sent a packet or two; I have not been long at this, and the circumstances I described drove me to it,"
FREDERICK CURLEY (Detective Sergeant F). On 20th August; I took the prisoner—I have heard Brannan's evidence; it is correct—I searched the prisoner, found the coins produced, and handed them to Brannan.
PHILIP HINES (Policeman F 16). I took the prisoner to the station—On the way he said that he had learned this from a woman in Edinburgh and being out of work, with a wife and six children, he thought he would to London to turn his hand to it, to get a few pounds, and set up in
business for himself—I have seen you go to a booking office, 27, Hart Street, Bloomsbury, and book a parcel, and I have reason to believe that parcel contained counterfeit coin"—he said, "It was an old coat and trowsers I sent home; but I did send one parcel of counterfeit coin"—I said, "How did you send it?"—he said, "I put it inside the clothes."
Prisoner's Defence. I have earned an honest livelihood all my days. I am innocent.
GUILTY †— Five Years' Penal Servitude.
MESSRS. TURNER and WIGHTMAN conducted the Prosecution; and Mr. PATER the Defence.
JOEL CHINNOCK . I am a cheesemonger of West Brompton—on 14th August, I served the prisoner with some bacon, which came to 1s. 1 1/2 d. she gave me 2s.—I put them into the copper till, where there was no silver, gave her the change, and she left—shortly afterwards Mary Moore came in with a bad shilling in her hand, and from what she said, I found that one of the shillings I had put into the till was bad. I found the prisoner fifty yards from the house, and said, "You are the woman who has just been into my shop and bought some bacon, and paid me a bad shilling."—she said that she was not aware of it, she was a pretty good judge of money—she went back with me to the shop, where Mary Moore was—she said, "You passed a bad shilling at our shop"—the prisoner said, "Give me the shillings, and I will give you good ones for them"—I said, "No; keep the shillings till the policeman comes—the prisoner took a shilling out of Mary Moore's hand, and put it into her mouth, taking out another shilling and giving it to Mary Moore—I saw it afterwards, and it was good—the prisoner made a motion with her mouth, and swallowed it.
Cross-examined. Q. Did you examine the shilling produced by Moore?
A. yes, and put it between my teeth—it was the same colour as the other—I did not see the prisoner eating cherries—she had a little parasol or umbrella in her hand—I was not at all excited.
BESSIE DAINES . I am assistant to Mr. Sinfield—on 14th August, between 12.30 and 12.45, the prisoner came and asked me for two twopenny cherry tarts—I said I had no twopenny ones, and she had two penny ones, and something else, which came to 3d.—she gave me a shilling—I gave her the change, and as she went out I looked at the shilling—I did not like the look of it, and sent Mary Moore, the servant, with it to Mr. Chinnock's—I was sent for there, and saw Mr. Taylor, a greengrocer, Mr. Wilson, a publican, Mary Moore, and Mr. Chinnock, who accused the prisoner, and I said, "You passed a bad shilling at my shop, too"—she said that she was not aware of it; she was a very good judge of coin—I went back to my shop, and Mary Moore afterwards gave me a good shilling, not the one which I had given her—the first one was slightly bent—the prisoner has it.
Cross-examined. Q. When you received the shilling did you submit it to any test? A. I bit it—I think the date was 1864—I have not seen it since I gave it to Mary Moore—it was slightly bent, and marked in two places—The prisoner said, in Mr. Chinnock's presence, that she was not aware it was bad—she had not got her spectacles on when she Said that she was a pretty good judge—I did not notice that she was eating cherries—she had a cherry tart in the shop, but she did not eat it.
MARY MOORE . I am servant to Mr. Sinfield—on 14th August Miss Danes gave me a shilling—I took it to Mr. Peacock first—he looked at it, said something, and gave it back to me—I then took it to Mr. Chinnock, who went out and brought back the prisoner—I charged her with passing a bad shilling at our shop—she said, "Let me look at it?"—I did so—she took it out of my hand, put it into her mouth, took another shilling from her mouth, and put it into my hand, and then swallowed the bad one—the one she put in her mouth was bent, and the one she gave me was straight—I gave the good shilling to Miss Daines.
Cross-examined. Q. Did not you say before the Magistrate, that she gave you the good shilling eat of her purse? A. Year; she took it out of her parse and put it into her mouth before I gave her the bad oae, and then took it out of her mouth and gave it to me—she was a long while considering about it.
CHARLES TURNBULL (Policeman F 64). The prisoner was given into my custody—going to the station she said, "I put it in my mouth and bent it; I was not aware it was bad"—I received a bad shilling from Mr. Chinnock, and a good one from Miss Daines—I found on her 19s. 1d. in silver, lid in copper, and seven shillings' worth of postage stamps, four small joints of beef, half a shoulder of mutton, a piece of bacon, two mutton chops, a piece of skirt, a bar of soap, two quarter-pounds of tea, some French beans, and a cucumber.
The prisoner received a good character.
NOT GUILTY .
MR. TURNER. conducted the Prosecution; and MR. SLEIGH defended Pak.
JAMES NOBLE . I am a stationer, of 424, Mile End Read—on 11th August, near 6 o'clock, I served Pake with a half-crown's worth of postage stamps—she gave me two shillings and a sixpence, and left—I threw them into the till where I keep stamp money—there was only a lot of sixpences, and four threepenny pieces there—Mr. Mead came in, not two minutes after wards, and from something he said, I took out the box, and there was only these two shillings, and the sixpences, and four threepenny pieces—I found one of the shillings was bad, and gave it to the constable.
Cross-examined. Q. Are you a licensed seller of stamps? A. Yes—I keep a post office, and sell a good many in a day—I did not notice whether Pake put the stamps into her basket—there were several people in the shop, and I went and served them, and while doing so, Mead came in.
MR. TURNER. Q. Had anyone been to the stamp till between the time you put the two shillings in and the time you looked at them again? A. No; I do not think so.
CHARLES MEAD . I am a hair-dresser, of 542, Mile End Road—on 11th August, about 5 o'clock, I served Pake with a twopenny cake of soap—she gave me a bad shilling—I broke it in three pieces, and threw it on the counter—I did not see what became of the pieces—I did not see them after she left—I told her it was bad—she said she was very sorry, and offered me a florin—I said I did not like the look of that—she said, "Here is another"—I sent it out to be changed, and it was good—I gave her the change, and followed her up the road—she joined Emery—they crossed the road twice, and then I saw Pake go to Noble's shop—as she came out, I went in and spoke to Noble—he examined his till, and there were only two shillings
there, one good and one bad—I followed, and saw the prisoners join against, and go up the road—I said to Pake, "A gentleman wants to speak to you"—she said "Oh, indeed"—I said "Yes, where you bought the stamps"—the went back with me, and Emery west away.
Cross-examined. Q. What did you break the first shilling in? A. On the side of a desk—it broke immediately—I refused to take one florin, I did not like the look of it—Pake offered her purse—there was a lot of money in it, and she took out another florin, which I sent out to be changed—I will not swear I did not give her a shilling in change—there were shillings in my till, but I took the change which was brought back, kept 2d. and gave her the rest—I cannot tell, now, whether there were three six peaces, or a shilling and sixpence and copper.
JOHN BURKS (Policeman K 384). I took Pake on 11th August, and received this bad shilling from Noble—I found on Pake a sovereign, two half crowns, a florin, two shillings, two sixpences, four groats, and 10 3/4 d. in coppers—she had the basket with her, containing one pound of sugar, a pair of braces, a cake of soap, a reel of cotton, a piece of blue ribbon, a pair of new socks, a white pocket handkerchief, a mutton chop, a beef steak, and a half-crown's worth of postage stamps.
Cross-examined. Q. Was the case remanded, to make inquiries about her character? A. Yes, and I found nothing against her—her husband has kept the Prince of Wales public-house, Humbert Street, Commercial Road, but did not then.
WILLIAM WEBBSTER . This is a bad shilling—the goodness or badness of a coin which broke upon a desk would depend upon the strength of strength of the person, and the pressure he put upon it—a base coin would break more readily, but you might break a good shilling in that way.
HENRY WITHERS (Policeman K 435). I took Ernery on 14th September, and charged her with being concerned with Pake in passing bad money—she said, "Some kind friend has done this for me"—going to the station she said, "I met Pake, and we had a glass of ale, and I lost sight of her."
Emery's Defence. I am innocent. It was quite an accident that I was with her. Pake received a good character.
MESSRS TURNER and WIGHTMAN conducted the Prosecution.
ALFRED WELBOURNE . I am a fishmonger, of 2, Market Place, Fulham—On Saturday evening, 21st August, between 10 and 11 o'clock, the prisoner gave me a shilling for twopenny worth of fried fish—I bit it in two, these it in the fire, and asked her if she had any more of the same sort—she asked What I meant—I said I did not want any trouble about it; if she did not go away quick, I would lock her up—she said, "Give it to me back"—said, "I will not," and she paid me with a good shilling, and left—the bad one melted in the fire, and ran through in a mass.
Prisoner. Q. I was never in your house; how do you know me?—A. I Recognised you at the station, on Monday, directly I saw you, and am confident you are the woman.
MARY ANN BATEMAN . My father keeps the Hand and Flower house, Fulham—on Saturday night, 21st August, about 8.45, I the prisoner with some beer, for which she paid in coppers—on the 22nd she came again, and I served her with a half-pint of beer, came to 1d.—she gave me a bad shilling, and I showed it to my father,
and gave it to the constable—I had been warned about the prisoner on the Saturday night.
ALFRED CROSS (Policeman T 97). Mr. Bateman gave the prisoner into my custody, and I received this shilling from the last witness—the prisoner said it was given to her in Fulham Fields—she was searched at the station, and a halfpenny was found on her.
Prisoner. Q. Did you keep the shilling? A. I have had it in my possesion ever since—I did not give it to the mistress' son—he went against you on the day of the hearing.
WILLIAM WEBSTER This shilling is counterfeit—if counterfeit coin is put in the fire you will see it dissolve, and then it may pass through in a melted mass—a genuine shilling will not melt in a common fire.
Prisoner's Defence. I have been twenty-five years in the neigbourhood, and if the shilling was bad it was unknown by me. I have used she house many years.
GUILTY — Six Months Imprisonment.
MESSRS. TURNER and WIGHTMAN conducted the Prosecution.
SARAH TAYLOR . My father keeps a beer-shop in Cleveland Street, Mrs. End—on Thursday, 20th September, the prisoners came in about 7.45 in the evening—Baxter asked for a pint Of half-and-half and a screw of tobacco which came to three pence—he put down a shilling—I tried it and said, "This is a bad shilling"—he said, "Is it; let me have a look at it—I said," "No, I must not return it"—he then said to Carter, "Lend me a shilling"—Carter did so, and said, "perhaps that is bad"—I tried it, and it was bad—I said, "This is bad"—he said, "Let me have a look at it"—I said "he I must not—my sister Went for a constable, and shut the door to—I was on the other side of the bar away from the door, and before I watt get round to the door Carter opened it and Went out—I called my mother down, and when she came I went to the door and saw Carter coming towards the house—I took him, by the arm and said, "Yes must come in till the constable comes for passing this bad shilling"—he tried to, get away, but I got him in, shut the door, charged him, and gave the constable.
Carter. Q. Did I call for anything? A. No, but you offered me the shilling for what Baxter had—you asked for some porter after the policeman came—you did not give me the shilling to ask me whether it were; good or bad—you were away two or three minutes—I did not leave the bar—you came back of your own accord, but did not want to come inside, but I laid told of you.
JEREMIAH REARDON (Policeman K R). I took the prisoners, and received these two shillings—I found on Carter a good sixpence and penny, but nothing on Baxter—they said that they were very worry, and this they. did not know the money was bed.
Baxter's Defence. I received 4s. 4d. for my work, kept 1s., and gave the rest to my wife.
Carter's Defence. Do you think I should take out a bad shilling, and ask if it was bad? I came back because Baxter was not behind me, and the female stood at the door and said, "want to lock you up."
GUILTY — Nine Months' Imprisonment each.
832. FREDERICK BALE (18), and FREDERICK MONCUR (17) , Breaking and entering the dwelling-house of Enoch Walker, and stealing therefrom four coats, a case of foreign coins, and other articles, his property, to which
BALE PLEADED GUILTY .
(See next case).
MR. TURNER conducted the Prosecution.
ENOCH WALKER , I am a printer, of Old Street Road—on 30th August, I closed my premises and left about 8.30—I was the last person there—I went there next morning, but I was not first—I found the place bad been entered through a window in the yard, which had been taken out—it is only a ground floor, where they entered—Bale had been in my service months before—the till had been forced open, and was standing on stool, but there was nothing in it to take—a cupboard upstairs had been forward open, and some foreign coins taken, also four coats from the office, and a pair of boots of mine; add these two old books (produced) were left behind, which had not been there before—my ladder was placed against the window—they had got out by that front door—the house is in the parish of St. Leonid, Shoreditch.
RICHARD PARKER (Detective Sergeant N) On 10th September I was to 229, City Road, and found Moncur in au upstairs room—I told him should take him in custody for being concerned with Bale in breaking into Mr. Walter's premises—he made no answer, but turned to his mother said that he was going to be locked up—he had no boots on—I asked km where his boots were, and he pointed to this pair, which were under the table—'I took them, and he put on a pair of his brother's—he said, outside the house, "I shall not get into trouble over this. I met Bale on the night of the 30th, at Shoreditch Church, about 8.30. He told me he was going to Mr. Walker's place to get some keys. We went to the back part of the premises, and Spider (meaning Bale) went in at the back with a ladder, that I went round to the front door. Bale passed a purse out to me, with some old coins in it, and then returned and fetched the coats; we then west a public house in Foster's Buildings, White cross Street, kept by Mr. Jones, and had a pot of ale. We came out, and Bale said that he scott sell the coat to Mr. Jones. I stood and held the others outside the house; we then went to a lodging-house in Spitalfields, and slept all night, and next morning we got up and sold the other coat in Petticoat Lane; from there we went to the Green Gate in the City Road, and sold the purse and the old Coins for 1s. to a man there, and then Spider and me changed boots"—I took him in custody.
MONCUR— GUILTY — Twelve Months' Imprisonment.
MR. GIFFITHS conducted tie Prosecution.
NOT GUILTY .
For case in OLD COURT, Wednesday, Thursday, and Friday, see "Kent and Surrey Cases."
NEW COURT.—Wednesday, September 22nd, 1869.
Before Mr. Justice Hoyes.
MR. STRAIGHT conducted the Prosecution; and MR. LANOFORD the Defence.
ROBERT LOWMAN . I live at 35, Model Buildings, Streatham Street, St. Giles', and am a carpenter—the prisoner is my son—on Saturday afternoon, 7th August, between 5 and 6 o'clock, on ray return home, I found him in my bed-room, trying to extinguish a fire, which was at the end of the mattress at the foot of the bed—the mattress was filled, with shavings, and I could see them on fire—he appeared to be putting the bed-clothes over the end of the mattress, and was lying outside of the bed—I had to get through the window into the room, in the same way that he had done, the door being locked, and the key at a neighbour's—I ejected him as soon as I could open the door, when he threw a flower-pot at my head—he had been drinking, but was not drunk—I had had no quarrel with him—4 did not see whether he was smoking—I afterwards gave him in custody—the mattreses was not much burned; the blankets and sheets were singed—the prisoner is a carpenter, and has worked for the same firm as myself.
Prisoner. Q. Is it a fire-proof room? A. The buildings are fire-proof, and are on the model principle—there were flames to be seen—you have not quarrelled much with me, but you have with your mother, most awfully—you were not at work that day.
WILLIAM CONNELL . I live at 38, Model Buildings, and am a pianoforte-maker—I know the prisoner and his father—on Saturday afternoon, 7th August, I saw the prisoner break the window of his father's room, and enter it—he remained inside for a short time; then he came out again, but presently re-entered the room—I saw smoke come out, and I looked through the window and saw that the room was full of it—I called to a neighbour, and said that the prisoner was setting fire to the place, and it was time for us to interfere—Martin and I spoke to him, and whilst doing so his father came up—I saw that the shavings in the mattress were en fire—the father opened the door, pushed the prisoner outside, and we all three then extinguished the flames.
Cross-examined. Q. Did not the prisoner live in the house at the time? A. No—after he had broken the window I saw him look at his finger, as if he had cut it—he had been drinking—his father asked him what business ha had there—I know that he smokes tobacco, but I was not aware that he had been smoking that afternoon the father drew the burning shavings from the mattress, and trampled them on the ground—I believe there was powder and ball in the room, belonging to his brother, who is in the rifles—as soon as I looked in I saw the smoke—that was after the prisoner had gone to the second time.
JOHN MARTIN . I live at 36, Model Buildings, and am a labourer—on the day in question my attention was called by the last witness to the prosecutor's room, and on looking through the window I saw the prisoner sitting on the bed, apparently on the left side, and with a pipe in his left
hand—the mattress was on fire, and with his right hand he was in the act of putting out the flames, which were not high—I said, "For God's make, what are you doing?"—he said, "Nothing"—after his father had pushed him into the street, he said, "If the old woman had been there, the whole lot would have gone."
Cross-examined. Q. Was he tipsy? A. Not in my opinion—he had his hand over the foot of the mattress, as if to conceal the fire.
MR. STRAIGHT here stated that he could not carry the case further.
MR. HUNT conducted the Prosecution; and MR. MONTAGU WILLIAW the Defence.
GUILTY — Eighteen Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
JOSHUA GREEN . I live at 33, Redwood Row, Stepney, and am a cabinet maker—about 7.30 on the evening of 25th August, I was passing from High Street to Stepney Green, when I saw the deceased, Thomas Hines cross the road opposite Garden Street—on hearing a vehicle coming up at a rapid rate, I turned, and saw the prisoner driving a horse and four-wheeled van—I said, "For God's sake, pull up, or you will kill the poor old man"—he took no notice of what I said, and then the near shut struck the deceased on the left breast, and turned him completely orer, and he fell head foremost on the ground—the prisoner did not stop his van, but went over towards the Royal Oak, Stepney Green, and he proceeded 180 or 200 yards before he pulled up—I followed him as far as I could—I lost sight of him, but in five or ten minutes afterwards I saw him walk out of the Maid and Magpie yard—he was a great deal the worse for drink—I told him he had knocked a man down on Stepney Green, if he had not killed him—I gave him in custody.
Cross-examined. Q. How far was it between the deceased and the was when you saw it coming? A. Eight or ten yards—I cried out as loud as I could, for him to pull up—he was not beastly drunk, so drunk that be could not stand—I did not know that the horse and van were kept at that Maid and Magpie yard.
HENRY NOBLE . I live at 3, Mulberry Gardens, Stepney—on the evening of 25th August, I saw the deceased crossing the road opposite to Garden Street—a van, driven by the prisoner at the rate of ten or twelve miles an hour, came up, and he was knocked down by the shaft—I did not see the prisoner attempt to stop his horse—I ran and picked the old man up.
Cross-examined. Q. You cannot say whether anyone called out or not?
A. No—I was close to the spot—when I picked him up he could hardly move—he had been struck on the head.
WILLIAM WALLER (Policeman K R 40). The prisoner was given into my custody about 7.30 that evening, and charged with furious driving, and knocking an old man down on Stepney Green—he muttered something, but I could not hear what it was—he was drunk at the time.
THOMAS HORSFORD . I am house-surgeon at the London Hospital—the deceased was brought in, and I examined him—he was suffering from a lacerated wound on the top of the skull—it was a serious wound—I do not
think it was caused by the shaft, but by his head coming with great violence on the ground—he was sensible when brought in—he died on 7th September from inflammation of the lungs and their accompanying membranes, caused by the great prostration and the profuse suppuration of the scalp found—he had previously been in a very bad state of health, and was deaf.
Cross-examined. Q. How long had he suffered from inflammation of the lungs? A. It set in after his admission into the hospital—he suffered for seven or eight days from inflammation of the lungs—if he had previously been in a good state of health he might have recovered.
The Prisoner's Statement before the Magistrate. "I was sober, though excited. I never knew that the man was knocked down. The horse was going home, and would not stop. I tried to poll up on seeing the people follow me, but the horse would not stand. I am very sorry."
ROBERT HAWKINS . I live at 225, Oxford Street, Stepney—I saw the prisoner at the corner of Wellealey Street after the accident, and about 1 o'clock—he was sober, but very much frightened when he was told that he had killed a man—he said it was impossible.
GEORGE DENNIS . I live at 251, Oxford Street, Stepney—I saw the prisoner about five minutes after the accident—I believe him to have been in a perfect state of sobriety—I have always considered him to be an inoffensive and sober man.
GUILTY — Six Months' Imprisonment.
MR. COLE conducted the Prosecution; and MR. BROMBY the Defence.
WILLIAM ALBERT ROBINSON . I am a clerk, and live at 21, Kirby Street. Poplar—on Saturday night, 4th September, I called at the Tam o'shanter beer-house, in Westminster Road, to get a glass of beer and a light—the prisoner came in—I did not know him before—he sat down and interfered in an argument between me and a black man—I was knocked down by a man, and kicked—after I got up the prisoner knocked me down—there was no quarrelling—the black man said, "You should be in America, that is the best country," and I said, "I do not think so; what is the next best country?" he said, "Europe"—I was kicked in the face "both by the prisoner and the other man, and my nose was broken—the prisoner held me down and pulled nay watch from my fob—the fob came out, he gave the chain a snap, got up and ran out at the door, with his right hand closed, and part of my chain hanging from it—I missed my watch, which, with the part of the chain taken, was worth 12l. 12s.—six or seven people were there.
Cross-examined. Q. Who are you clerk to? A. The Great Eastern Railway, at Blackwall—I had been in the public-house from five to ten minutes—that was the only public-house I had been in that night—I had been down the river in a steamer with some of my fellow clerks—we had refreshments on board—I was quite sensible—this piece of chain (produced) remained hanging to my waistcoat.
—on Saturday night, 4th September, I was in the bar—the prosecutor and prisoner were there, arguing—I saw Robinson first put his hand in the prisoner's face, saying, "I will strike you, young man!"—a negro was there arguing about the country of Mr. Samuel, and I saw the prisoner get up, strike the prosecutor, knock him down, and kick him—I then saw the black man kick him, and the prisoner ran out of the house, and came back again, saying that he had lost his hat—he asked me if I knew where it was—I said, "I know nothing about your hat," and then he kicked the prosecutor again, knocked him down and knelt on him, with his right hand hunting about the button-holes of the prosecutor's waistcoat, trying to get his Albert chain away without breaking it—my mother was knocked down—I cannot say by who—I saw the prisoner leave the house—his right hand was shut, but I could not see what was in it—I then saw a portion.
Cross-examined. Q. What was the beginning of the row? A. The argument; but the prisoner made an attempt to strike the prosecutor first, before the prosecutor put his hand in his face.
WILLIAM MCNALTY . I live at 9, Union Street, Poplar—on Saturday night, 4th September, I was in this public-house—some chaffing was going on—the prosecutor was chafing and arguing with a black man about their country—the prosecutor told the black man he would strike him, and he did, and the prisoner said it was a shame—that was the first blow given—the prisoner then struck the prosecutor, and knocked him down, and then they all got fighting—when the prosecutor was on the ground, I saw the prisoner with his right hand on the prosecutor's head, and the other at his waistcoat, taking his watch, as I supposed; but I did not see him take it.
Cross-examined. Q. Was Robinson sober? A. He looked a little the worse for drink—I have seen the prisoner working now and then in the East India Docks, where I work.
THOMAS NORMAN (Detective Officer) I took the prisoner, and told him he was charged with assaulting a gentleman, and stealing his watch, on the night previous—he said, "I do not know anything about the watch; I did strike a man."
Cross-examined. Q. Do you know anything about the prisoner? A. yes, I know him—he has been convicted of felony, and had twenty-one days from the Thames Police Court, for stealing mats and rope; and in December, 1864, he had two months', for an indecent assault on a female—I know that he has been working in the East India Docks.
The Prisoner's Statement before the Magistrate. "I hit him when he said he would strike me; but know nothing of the watch. I call the black man and Dick Ball."
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
JAMES GWYN . I am a church decorator, of Wellesley Terrace, Plumstead—about 7 o'clock, on the morning of 17th August, I was in Gray's Inn Road, and turned into an urinal there—when I came out, the female prisoner asked me to give her a trifle—I put my hand in my pocket, and took out some half-pence—I had a purse in my coat pocket, containing a 10l. note, and 2l. 10s. in one compartment, three sovereigns in another, and there might be some silver—I had scarcely parted with the coppers, when
I received a blow on the eye, and saw two men before me, one tall; and the short one of them struck the blow—I will not swear beyond a doubt to Burmiston; but I described him to the police sergeant, and identified him at once—the blow knocked me down, and bunged my eye up—when I arose my sight went away—I also received a blow or a kick on the elbow—I saw the parties ran into a house near—I called "Police!" "Murder!" and saw my puree lying on the pavement—I picked it up, and missed from it 12l. 10s.; but three sovereigns and some silver remained in a small compartment, which was closed—I saw a policeman directly, and described the parties—in consequence of what I told him, we went to the house where I had seen the parties go in who had struck me—we went up stairs—the prisoner opened one door; but the male prisoner was not there; he opened second door, and I saw Burmiston in bed, and recognised him as the man who had struck me, and gave him in change.
Burmiston. Q. Did not you say, before the Magistrate, that you had some doubt whether I was man? A. Yes; my handkerchief was to my eyes, for they were in such a state—I did not tell the inspector I was too late to go home the night before, and that I stopped in Aldersgate Street; I said that I was too late for a train, and went down by boat—here is the train ticket in the purse now—I went home evening with my wife.
Carter. I met on the gentleman at 3.30 on Tuesday morning; he gave me 4s. to go home with me; he then said that if I would undress myself, he would give me a sovereign, and because I would not, he struck me; I never went out till 5.30 and never saw this man in my life. Witness That is not true; I came from plum stead that morning by the 5 o'clock train—I was not in bed with you two hours—I did not have bitter ale and soda water in your room.
MR. GRIFFITHS. Q. In answer to Burmiston, before the Magistrate did you say that were not certain he was the man? A. I did; I said I could not swear beyond the possibility of a doubt, because one eye was blinded and the other was damaged—Burmistion's friends have been to me.
WILLIAM FAINT . (Police sergeant G R 5). I met Mr. Gwyn about 7.30 on the morning of the 17th—he described a person, and pointed, out 8, Bell Court, Gray's Inn Road—I went with him there, to the first floor—Burmiston was in bed in a back room when I knocked at the door—as soon as the door was opened he made, his appearance, in his shirt and Mr. Gwyn said, "That is the man"—I went into the room, and left Mr. Gwyn standing on the landing—he had described to me, in Gray's Inn Road, how the man was dressed—I remained in the room, and told Burmiston to dress himself—he said that he had been in bed all night—as soon as he had dress himself I called Mr. Gwyn in and said, "Is that the man, now you see him with clothes on?"—he said, "yes"—I took him to the station, searched him and found a cigar case a knife and two duplicates, but no money—I looked all about the place.
Burmiston. Q. Did he say anything about the coat I have got on?—A. He said that you wore a short black coat, brown, trowsers, but whether fustian or cord he could not tell, and a low crowned hat—the trowsers you put on were brown—I met him about 7.20, about 100 yards from the spot, and he told me the robbery had taken place about 7 o'clock—there was only a prostitute in the other room that I went into.
COURT. Q. Did the prosecutor tell you that both the men had gone into that house?—A. Yes into the first floor front room.
BETSY GWYN . I am the prosecutor's wife—on Monday, 17th August, I came to London with him, and went back with him by the last train from Charing cross—he left me on the morning of the 17th about 4.55 to come to London by the 5 o'clock train—he was perfectly sober at that time—that train arrives in London at 5.45.
JAMES BUTLER . (Policeman G 210) From information and a description received, I met Carter in Grays' Inn Road, on 17th August, at 5 p. m.—Itold her I should take her on suspicion of robbing an old gentleman in Bell Court, that morning—she said, "He say that I robbed him"—I said, "yes"—she said, "An old b——, I wish I had robbed him"—afterwards she said that she met him in Fleet Street, and took him home with her and that he gave her four shillings and a sovereign to undress before him—I took her to the station and 10s. 2d. and a key were found on her.
Burnmiston's Defence. This is a thoroughfare, and hundreds of presence were passing to and fro to their work, and the people in the neighbourhood saw nothing of it. I should have thought people would have taken his purse and not have stopped to empty it in a public thoroughfare. He was that the woman ran into the front room; how does he know that, if he was not there to see—I never saw the woman in my life; I went to bed at 1 o'clock and did not awake till the policeman came. I am innocent. I was never locked up in my life, and I have been in this neighbourhood fourteen years. I have witnesses to call, who saw the assault take place, but not by me.
LOUSIA PLUMB . I live at 9, Bell Court, next door to Carter—she and her old man are always having fights, and when I—heard her call out I took no notice, and when the door was butted open, the man struck the gentleman on the eye—they were then in the house, 9, Bell Court—I heard a disturbance, and a cry of "Murder!" between 6 and 7 o'clock, in Carter's room, which it the next room to mine—I did not attend to it at first, but I heard it again—I went outside my room to the door of her room, I knocked at the door, and then heard footsteps come up stain, and man burst her door—that was the man who lived with Bill Skipper—she then ran down stain and halloaed "Murder!" with no bonnet or shawl on—I went in to light the fire, looked out at the window and saw the prosecutor go out with a leather bag, and go down the court—I afterwards heard that the man was locked up for the gentleman being robbed—I saw her young man go out, not this young man, but the young man she lived with, and then saw no more of them till she was locked up in the evening—I know the man who did it.
Carter. Q. Did not you see the prisoner in my room, holding me by the throat? A. Yes, he was in his shirt.
COURT. Q. When? The hinge was off the door when it was burst open by the cabman, and then I could see into the room, and I saw the prosecutor standing in his shirt, in the room—that was between 6 and 7 o'clock—he dressed himself afterwards—he had a leather bag in his hand, and went out into Gray's Inn Road.
Coming up stairs—I was in the house—the man I heart come up was the man the female prisoner lives with, the cabman—I heard him exclaim; "I will knock the front of your face in," using bad language—he laid that to Somebody on the second floor back—I heard three different footsteps go down stairs, but before I could look out of the window they were gone, and when I went do stairs, about an hour after, I saw Louisa Plumb, who told we something, and I saw the second floor back room doer with the button hinge off, and there was a pint stout bottle and a lemonade bottle on the table.
LOUSIA GREEN . Burmiston has been living with me about two months—about 15, on 16th August, he went to bed, and at a little after 7 o'clock next morning we heard a policeman coming up the stairs, and heard the prosecutor say, "That is the room"—that was not my room—I live at No. 8—he made an attempt to go down stirs, and said, "Let us see who is here"—Burmiston got out of bed and opened the door, and before Gwyn could look at him he said, "That aint the woman; but that is the man that struck me ten minutes ago"—I said, "What! why the young man baa not bean out of the room"—Burmiston said, "Never mind, let me dress myself, and see whether he will swear to me then"—he dressed himself, and Gwyn swore to him; but he was very much excited with drink; and having been struck, he did not seem to care what man he took—if there had been a man in the front room he would have had him—after Burmiston was taken away I was told who robbed the prosecutor and struck him.
Cross-examined. Q. Were you living with Burmiston up to the time he was apprehended? A. Yes; for two months—I gave the person in charge in the afternoon, who struck the gentleman.
WILLIAM FAINT (re-examined). Another women was brought down with Carter—the was put with a number, of casual paupers, and Gwyn identified her directly—he could not identify the other man, but he identified 'Burmistion as soon the door was opened—Gwyn described the women as having a coloured eye, and said that the second man had a white jacket or slop—Buxmistion wore a lowcrowed hat, covered with blank.
Carter's Defence. I never was locked up for robbery black.
BURMISTION— GUILTY — Seven Years' Penal Servitude.
CARTER— GUILTY — Fifteen months' Imprisonment.
THIRD COURT.—Wednesday, September 22nd, 1869.
Before Mr. Common Serjeant.
MESSRS. POLAND and BESLEY conducted the Persecution; and MR. METCALFE the Defence.
PETER PETERSON. I was recently an able-seaman on board the Indian Empire, a British ship—I engaged for the voyage from London to Calcutta and back to London—she carried the British flag, and was under the command of Captain Deuchar—the prisoner was the second mate—we left Calcutta, on the return voyage, about the 22nd April—on the 30th of April, when eight days out at sea, I was ordered by the prisoner, about 9 o'clock in evening, to go aloft for the purpose of furling the sails—I had a bad whitlow on the little finger of my right hand, and my finger ras very painful and swollen—I told the prisoner I wanted a boatswain's chair to sit on when allot, because I could not hold myself by my right hand—he said that
I could have the chair, and it was supplied to me—I went up the rigging in it, and presently afterwards he called me down again, and told me to go on the poop, as the captain wished to see me—I found the captain standing by the mizen-mast, and he beckoned me to go aft—he then asked me if I was going to do what I was told—I replied that I was—he asked me why I had used a boatswain's chair whilst furling the main trysail—I replied, "Well, captain, I could not do it without, as I have a bad finger"—he said, "Now, my boy, will you go down there," pointing to the hatch of the store room, or lazarette—I asked what for, and he answered, "You go down till your finger gets well"—I stepped backwards, and he then seized hold of my left arm, and the prisoner the right—the captain put one hand under my throat and shoved me back over the hand-rail of the poop—I sung out, "Captain, you are not going to choke me?"—he said something which I do not remember—I was then struck by some heavy instrument, and fainted—I do not know who struck me—I do not know whether I had other blows—it was two hours and a half before I recovered my sense—I thought I should die, and sent for a friend to give him direction as to my effects—my clothes were bloody, and blood was found on the poop the next morning—there were four wounds on my head, the largest of which was a little over three inches in length, the next a little more than two and a half inches, the third one about half an inch, and the fourth about an inch in length—when I became conscious, I found that I was in the cabin, and two men were with me—the store room where I was told to go, is not a proper place to sleep in—it was very small, and there was no ventilation, exception the hatch was removed.
Cross-examined. Q. If the hatch was off there would be plenty of ventilation?
A. Yes—I do not know whether it was a place to put refractory sailors in—the sail-maker worked in it occasionally, when there was bad weather—about a quarter of an hour had elapsed between the time when the prisoner told me to furl the sail and when I was sent on the poop to the captain—I had not refused to take a block of wood and hang it in the fore store room on the 9th march Mr. Newins was the third mate—I did not on that day refuse to do something which he had ordered me to do—I never at any time drew my knife to him, and told him that if he did not mind I would put it through him—I had refused to do work on one occasion while at Calcutta, when it was after 6 o'clock, and for this the chief mate, Hunter, stopped my grub—I did refuse to work after 6 o'clock from the 9th to the 20th March—I did not refuse to obey orders on 17th April, when the ship was at Diamond Harbour, outside Calcutta river—I had bad legs, and Hunter ordered me not to work till they were well—I never heard a sailor named Grant tell Hunter, when a storm came on, and he wanted our services, that if he did not go aft he would get his head broken—on 30th April, I was cook of the mess, and had to fetch the water—I had a bucket short, and I told the third mate, but had no quarrel with him about it—the captain told the third mate that if he was right in the quantity he was not to give me any more, but to knock my d——d head off—the captain might have said that I was always kicking up a row—I was in a Norwegian ship before this one—I have a scar on my head which I got when I was small boy, by striking my head against a stone—I did not get it during a disturbance in the last ship—I have been in a good many ships, but my discharge papers have been lost—I lost them during the voyage before last—(The discharge from the Indian Empire was handed in, and captain
Deuchar declined to give the witness a character)—I did not hear either Grant or Barcon, and others of the crew, refuse to work after 6 o'clock.
CHARLES GRANT . I was an able seaman on board the Indian Empire—on the night of the 30th April, I was one of the starboard watch, with Peter-son, and I heard the prisoner order him to furl the main trysail—the man went aloft, but then he could not furl the sail, owing to his bad finger—he asked for a boatswain's chair, and the third mate fetched him one—Peter-son then attempted to furl the sail, when the captain ordered him down on the poop—I was lying on a spar alongside the quarter-hatch, about 15 from the captain, and saw him with one band on Peterson's throat and the other on his left hand—then I saw the prisoner, who was with them, strike Peterson four blows on his bead with something in the shape of a belaying pin—Peterson sung out that the captain was choking him, and after the blows he fell on the deck insensible—his face and clothes ware covered with blood—the captain told the crew he would look after the man, and he observed, "It only happens once a twelvemonth"—I did not see what became of Peterson, as the captain sent me and others forward two minutes after the blows were struck; the prisoner went to toe stern of the vessel and threw the weapon overboard—I saw Peterson the next day lying in the saloon cabin—he was ill, and there were plasters on his head—he remained in the cabin for twenty—one days—I saw him almost every day, at noon—he had fits occasionally, when three or four of us had to hold him down—his mind was affected at times—he appeared to be suffering from the wounds on his head—he was not able at the expiration of twenty-one days to go on duty—the plasters had been removed then—a good hand would not require a boatswain's chair in order to furl the sails, but it was easier for the prosecutor to do so, as he had a bad finger—I do not know whether he refused to obey orders after 6 o'clock on 9th March, during the hot weather at Calcutta—he never drew his knife in my presence—he was a man qualified for his work and not habit of making disturbancess board—I have been sixteen years at sea.
Cross-examined. Q. Have you seen him quarrelling with the officers occasionally?—A. No—I always did my duty on board the ship, and did not refuse to work after 6 o'clock—we do not generally work after 6 o'clock—I was sick when the vessel was in Diamond Harbour, and did not refuse to assist in taking in a few bales of the cargo in order to complete the loading—some of the crew did refuse to work on Sunday—it was After we had been at work for three nights and days—Peterson refused to work after 6 o'clock, on one occasion, while at Calcutta, and he went ashore and saw a magistrate about it—after the assault on Peterson, I and some of the crow told the caption that would put him in in irons if such conduct was continued—he then sung out for his revolvers, and two men named Barcon and Allen held the captain—the whole crew went to his cabin and asked him to put the prisoner in irons, but he would not do so, and then we threaded to put him in irons as well—he said the two men put hands on him—David laid hold of the prisoner—the captain then promised us that everything would be right, and we went forward again—I not stop Newins from going by the captain's orders to fetch the chief mate when the prosecutor was struck—I was excited at the time—I saw them take Peterson down the ladder in the direction where Hunter was—I remember the crew being called out of the forecastle by Hunter during a
rainy night to haul the sails—I told him we wanted no bullying, and knew when it was time for us to come out—I never used abusive language to any officer—the captain insulted me many a time, but I never retaliated—there was no storm, but it was a little squally—there was not much danger to the ship—we were not longer than a quarter of an hour turning out—we had no light, and it was a very dark night.
MR. BESLEY Q. Had there been any words between the prisoner and Peterson from the 27th to the 30th April? A. do not remember any—He was never insolent to the prisoner—several of the men wanted to be discharged at Calcutta—we arrived at the docks in London, on the 29th August, and were discharged—our wages were paid on the 7th September—The crew consisted of forty men, including officers—the Indian Empire was 1,514 tons burthen.
HENRY DAVIS I was an able seaman on board, and, on the night of the 30th April, was at the wheel, and near to the captain when he stood on the poop—when Peterson came aft he said to him, "My man, will you not do as you are told?—Peterson replied, "I do, sir!"—then the captain said, "Why don't you furl the main trysail?"—Peterson said, "I was, sir," and the captain added, "Yes; with a boatswain's chair"—Peterson then told him that his fingers were sore, and that he could not hold on—and the captain said, "You shall go down here until your fingers are properly well, and then you shall do it"—the captain and the prisoner then seized the man, and called to the third mate to take off the hatch of the lazarette—Peterson said that it was not a fit place for him to go into, that he had done nothing to go down for, and he resisted, and stepped back as far as the rail—the captain then seized Peterson with his left hand, by the throat, and forced his head backwards over the rail, singing out at the same time for the mate and blacksmith—Peterson said, "Captain, captain, what are you doing? you are choking me!" and then he tried to release himself from the grasp—the second mate then struck him four blows on the head and face—the crew jumped on the poop, and took the man away from the officers, and stood him up by the wheel-house—some one of the crew shone a light, and I saw that his face, neck, and breast were bloody—the captain said to us, "I have been a seaman myself; come aft in the morning, and we will settle it—Peterson then fell on the deck insensible—the crew wanted to take the man forward and wash his wounds, but the captain observed, "We have injured the man, and we will cure him—he was then taken below—at 11.30 I went into the cabin, and saw that Peterson's head was much swollen, and plastered up—the next morning, about 4 o'clock, I saw him again, when he complained of an awful throbbing in his head, and afterwards said that he saw all kinds of strange things—he was out of his mind once or twice—some of the crew were sent into the cabin to take care of him—he was not in his senses at the time—he ran about the deck, fancying he saw all kinds of strange objects, and once or twice he tried to jump overboard—these symptoms continued for a fortnight or three weeks—he was unable to do duty, owing to pains in his head, and could not go aloft—the weapon used by the prisoner was something like a belaying pin, and was 16 or 18 inches in length—I do not think it was a piece of wood, because of the sound it made on the man's head—I believe that the prisoner he had one or two quarrels with the prosecutor before this, but they did not amount to much.
Cross-examined. Q. Did the prisoner assist in carrying the man into the
cabin? A. I believe he did—all the crew carried knives in sheaths—I never refused duty—I was sick on the Sunday when the crew would not work—after the assault, I refused, like all the rest of the crew—when Allen and Barcon laid hold of the captain, he fell, owing to the slippery state of the decks—I and Sandford seized the prisoner, who tried to choke me—Hunter and Newins were not interfered with—the crew laid hold of the captain in order to prevent him from getting his revolvers—we told him that if any more of such work was carried on, we would put him in irons, and give the charge of the ship into the hands of the chief mate—the chief mate was taken on one side, so that he should not assist the captain—we told him we would give him the charge of the ship, if he would let us do what we liked with the captain and the second mate—we did not want them to have anything to do with the command, but to put them in the cabin—we were willing to obey anyone, except the captain and the prisoner.
MR. BESLEY. Q. Did any man draw his knife, at all? A. Nobody—we did not want to have any more of the crew knocked down on the poop; we were peaceable men, and wanted no more of such disturbances—Peterson never attempted to strike the captain—the weather was hot, as we were in the tropics.
GEORGE WINGHAM . I was blacksmith on board the Indian Empire, and was called up on to the poop soon after the occurrence—a lamp was placed in my hands by someone, and I saw that Peterson was in a gore of blood, and bleeding from four different places in his head—and he fell fainting on the poop—I and the prisoner then carried him into the cabin—un-strapped his belt, and took away his knife, which was sheathed—I helped to dress his wounds, which appeared to have been caused by some blunt instrument—by the captain's orders I remained with him during the night, in case that he should require my services—he was insensible for about an hour, or rather more—the next morning, at 6 o'clock, he was very bad; his head was giddy, and he lay on the floor—I saw him daily after this, and heard that he was out of his mind at times.
Cross-examined. Q. Did the prisoner fetch one of his shirts? A. Yes, and assisted us to put it on Peterson—I admit having taken some things rather improperly whilst in Calcutta—some people might call it stealing; at all events, it was a breach of trust on my part; the captain for-gave me—I did not break into the cabin, I merely took a bottle of port-vine, and was caught by the prisoner, as I was carrying it away—I never refused to obey orders, as my duty was to drive the donkey engine at the time.
MR. BESLEY. Q. Why did the captain forgive you? A. On account of my long servitude—there had been no misconduct on the part of the crew prior to this occurrence—on another occasion, I took a bottle of beer from a box which had been broken open.
MARTIN BARCON I was an able seaman on board—I was near the poop on the night in question, when Peterson was told to Come from aloft—I saw the captain and the second mate catch hold of him, and the man said, "Captain, don't choke me"—whereupon the captain replied, "I will, you d—d so war (meaning sow)"—as Peterson refused to go into the lazarette
the captain backed him over the rail, whilst the prisoner struck him three blows with something of the shape of a belaying pin, or a piece of wood, about 18 inches in length, and 3 inches in circumference—I and others jumped on the poop, and shoved the captain on one side, and asked him if he meant to commit murder—he said, "No, my man, it is done now, and we will settle all this in the morning"—the blacksmith had a lamp in his hand and was leaning on the wheelhouse—I took it from him and held it in the prisoner's face, saying "Look at the state of the man"—Peterson was bleeding all over the head—the man then made a step or two afterwards, and fell on his back—I did not see what became of the weapon with which the mate struck the prosecutor—he was down in the cabin for about three weeks, and did not afterwards do duty in the same way that the ordinary seamen did—I had previously to the assault seen him show his finger to the captain, who told him to go and poultice it—there had been nothing like mutinous conduct on the part of the crew; indeed, the captain said, when in Calcutta, that he had the best set of men on board his ship of any in the harbour.
Cross-examined. Q. There was a bit of disturbance once when in Calcutta, was there not? A. Hunter requested Peterson to work after 6 o'clock, and the man refused to do so—he did not make any disturbance on the evening of the 30th April; he merely spoke About being short of water, and wanted to have his rights—I did refuse to assist in taking in the cargo when at Diamond Harbour—I was sick at the time—I believe there was a dispute once between Peterson and one of the officers; but I did not understand what it was about—the evening after the occurrence of the 30th April, we proposed to give the command of the vessel to Hunter, and to place the captain in safe keeping, for self-defence—there was no particular leader; every man aboard was a leader at that time.
FREDERICK ORBIN . I am a surgeon, living at Stepney—on 17th September I examined Peterson's head, and found the marks of a cut, about an inch and a quarter long, over the left temple-bone; also the mark of an old cut, about an inch and three quarters; another over the eye, about an inch long, and several cuts about his face—he seemed to be a man who has had his head knocked about from time to time, severely—there are little chips all over his head, in fact—I cannot distinguish the date of any of the wounds, and some of them must have been inflicted for months—I should say that the wound on the head, just below the eye, had been inflicted for a long time.
COURT. Q. Were they incised or contused wounds? A. Incised—there is a firm cicatrix over them now—all cuts on the head may be regarded as dangerous; but they may not be followed by delirium and fits—it is impossible to say whether those wounds were inflicted with a heavy instrument.
Cross-examined. Q. Did you find marks of other wounds upon his head? A. There were a great many other marks besides those three or four shown—the man is perfectly well now.
MR. METCALFE submitted there was no evidence to show that this was a British vessel, to prove which the ship's papers were required.
MR. BESLEY stated that there were distinct cases in which vessels carrying the British flag have been taken to be British ships (see "Reg. V. Johnson," 34 Law Journal, Magistrate's Cases, p. 180; "Reg v. Allen," Sessions Paper, vol. lxiv., p. 359; and "Reg. V. Anderson," Sessions Paper, vol. lxviii., p. 576.)
MR. MEPCALFE contended that in order to give jurisdiction, it must be shown that the man was a British subject, on board a British ship. In this case it was not so shown. In one of the casts referred to, the certificate was in the name of a foreigner, although it was a British ship; and the Court held it was not sufficient. It was dear that the mere flag would not do.
MR. BESLEY, in reference to the case of the "Queen v. Anderson," Sessions Paper, vol. lxviii., p. 576, stated that in that can the vessel, the William Penn, was taken to be a British ship, by mere proof that the was sailing under the Brtith flag.
MR. COMMON SERJEANT would reserve the objection, but not stop the case.
MR. METCALFE called the following Witnesses for the Defence.
ALEXANDER DEUCHAR . I have been a captain in the merchant service for twentyfour years, and have had command of the Indian Empire for about four—the man Peterson, from time to time, prior to the 30th April, disobeyed orders, and was guilty of impertinence to the officers—on one occasion he drew his knife and threatened to stab the third mate, Mr. Newins—he entirely refused to do duty when the officers gave orders—he would only do what he thought proper—sometimes before 6 o'clock he would not work, as also on Sundays, only when the ship was in distress—when leaving Calcutta, I had great difficulty in getting the ship over the bar, and after that the troubles of the crew commenced—the crew would not assist in taking in the cargo unless they thought proper, and we had to rely on natives to assist us—the cargo was getting damaged for want of being on board—the whole of the crew became insubordinate, Grant particularly so—Barcon was was not so bad—Grant, on one occasion, when the ship was in the Bay of Bengal, threatened to break the chief mate's head—there was a storm, and for thirty minutes we could not get the men out to mend the yards, the ship being in danger at the time—that was the starboard watch—they were in bed at the time—this was 3 o'clock; before the affair with Peterson happened—on the 30th April he made a disturbance about the water; he talked in a loud tone, and insulted the third officer—about 9.30 the same craning it was squally, and the weather dirty—the sails had been clewed up, and Peterson was sent aloft to make one of them fast, when he refused to go—the second mate said that the man was entirely refusing to do duty, and I said, "Fetch him aft to me, and let me know the reason why"—when the man came aft, he said that he could not do it, because of a sore finger—that was the first I had heard of the finger—I could see nothing the matter with it, and certainly he had no sore there next morning—he was a man who was always shirking his work whenever he got the opportunity—I told him that unless he was going to make the sail fast, he had better go down into the lazarette until his finger was well—he tried to go away, and then I put my hand on his arm and stopped him—he lifted his hand and said, "Let go, you b—"; the prisoner jumped forward, lifted his hand and struck the man—I believe the prisoner thought that the man was going to strike me, and had I not stepped back, his hand would have alien on my head—I cannot say with what implement the prisoner struck the man—if he had used an iron belaying-pin, or anything of the kind, I should have seen it—I did miss my belaying-pin afterwards—some of the crew said that he struck the man with aslung shot—there are wooden belayingpinsall round the ship—he might have struck him more than once, but I cannot say; I was so confused at seeing the prisoner strike a blow—I had cautioned my officers, at the beginning of the voyage, never to lift a hand to a man—
the lazarette would be one of the best cabins in the ship if it were fitted up—there are lights in the sides—the batch was off at the time of the assault, as far as I can remember—the prisoner did all that he could afterwards—he fetched one of his shirts and "tended" the man—as the weather was hot, I kept him in the cabin for some days—on the eleventh day the man left, with not a plaster on him—on the second day he was walking about the ship's deck, when I asked him to keep out of the sun—he was playing cards, mending shoes, washing shirts, and dancing with the other men afterwards—after the eleventh day he commenced to work a little, but the other men would not let him; they kept him back from work—about a month before we came into dock he was working the same as the other men—the prisoner had been with me ten months—he was the chief officer of the Scotia, and a very good one indeed—he has always borne a good character in his profession, so much, that there is a ship ready for him now, if he is able to go, as chief officer—he has a certificate as a master, and that will be jeopardized if this case goes against him—he may then lose his certificate—a better officer never went into a ship than he has been; he is invariably a quiet man, and, I repeat, that a better officer I never had.
Cross-examined by MR. BESLEY. Q. Who are the owners of the ship? A. Mr. George Duncan, of No. 2, East India Avenue, Leadenhall Street—I have been in his service for fourteen years—I am a Scotchman, and the prisoner, I believe, is from the county of Norfolk—twelve or fourteen of the crew were foreigners—there were thirty-nine hands, all told, myself included—all the officers are certificated men—I was charged at the Thames Police Court with the same offence, and from time to time was remanded—I was charged with aiding and assisting the prisoner to commit the offence—Mr. George Duncan came forward of his own accord, and spoke to my character—I was discharged, and bound over in my own recognizances—I do not know whether the Board of Trade take any notice of summary convictions—did not see any weapon in the prisoner's hand—the crew jumped as the poop, and became boisterous, but I persuaded them to let me take the man below—one of the crew might have shone a light in his face, but I cannot say—it was a very dark night—he shammed insensibility—he never was insensible, in my opinion—the crew said a good many things—I saw five scratches, not cuts, everyone of which was bleeding—I had them washed and plastered—the prisoner told me the next morning that he had picked up Peterson's knife on the deck—the men who have given evidence did not see the occurrence at all—they jumped up after it was done—the man at the wheel could not see me—ho was 4 feet under the poop-deck at the time and the great glare of the light below would prevent his seeing anything above him—I was thunderstruck at seeing the prisoner strike the man—the next morning twenty-five of the crew came aft and seized me and the second and third mates—I sang out for my revolvers, but did not get them—the men called out for arms, and told the others to get belaying pins—they had me on my back—the watch did not work at all that afternoon, and the ship was left to herself—they said, that unless I secured the prisoner in irons, to prevent his violence, they would not do their duty—I did not consider him violent—he protected me—I never told him to knock the man down, or the third mate to knock his d—d head off—I did not see anything the matter with Peterson's finger—there was some talk about a boat-swain's chair that night—seamen never use such a thing—the man would not have been asked to go aloft if he had a bad finger—the stewards, and
some others of the crew, by my directions, stayed with the man all that night—I was not afraid ho would die, but I did not know to what extent he was injured—I did not see that he was delirious—he was only eleven day in the cabin—almost directly after we had arrived in England he made a complaint to the Magistrate.
MR. METCALFE. Q. Did you supply your officers with revolvers after the occurrence?—A. I did, on 1st of May, to protect ourselves and the property under our care—the crew was in a mutinous state at that time—on 2nd May, about 9 o'clock at night a pistol was fired close to the third officer.
COURT. Q. The assault was not committed by your orders; on the contrary you were much surprised at it?—A. Yes—I did not approve of it, but I believe the prisoner did it to protect me—I did not consider the wounds as serious ones—I reprimanded the prisoner very severely—I am not a timid man, but when I see a man's hand lifted against me generally speaking, I get out of the way.
EDWARD NEWINS , I was the third mate of the Indian Empire—I hold a certificate as second mate—I was ten months on board—I have been at see ever since I was five years old—Peterson on several occasions refused duty—on the morning of 30th April I was serving out water, and be made a disturbance about it, as he always did—he told me that he would have satisfaction out of me, and when in Calcutta he said he would put a knife through me—I reported this to the other officers—Grant and others of the craw no several occasions also refused to do duty—on the night in question the second mate told Peterson to furl the main trysail, and he replied that he would not do it unless he had a boatswain's chair—I got one, and he went half way up when he said that he would not do it for may d—d man on board the ship—the second mate told the captain, and the man was ordered aft—the captain asked him if he would do it or not, when he complained of a sore Anger, which nobody had ever heard of or seen before—then the captain said that if he would not do as he was told he Must go into the lazarette, which is a kind of goal for such men—Peterson said that he would not go there, and the captain then took hold of him—he then lifted his hand to strike the captain, and the second mate stepped forward and gave him several blows—I was 3 ft. or 4 ft. off, and could not tell what the second mate had in his hand—I believe he hid something, but I never saw what it was—I do not think the mate could have gone to the stern and thrown a weapon into the sea without being seen—when the captain sent me to call the chief mate the whole of the watch were standing on the fore part of the poop—Barcon and others told me they would break my head—this was whilst Peterson was struggling to get away, and before the blows were struck—I told them they had no business on the poop, when they retorted that if I did not look out they would break my head—I passed on, however, and called the mate—the men were below the poopdeck, considerably, and I do not think they could sec what was going on—I do not think the prisoner struck Peterson with any intention of doing him bodily injury—I am not certain whether Peterson at the time was about to strike the captain, but I think there was reason for the mates interfering to protect the captain.
Cross-examined by MR. BESLEY. Q. You have been examined on catch before: did you not then say that the prisoner gave the man four heavy blows on the head? A. I did say that—I did not hear the captain's son
examined; I heard no evidence at all—I believe I did see a little blood on the man's face, and on the deck.
MR. METCALFE. Q. How long did the man remain ill? A. He ate his meals from the next morning; and I remember seeing him walk about two or three days afterwards—he remained in the cabin altogether about a fortnight.
COURT. Q. Do you sign the log as third mate? A. Yes.
WILLIAM HUNTER . I was chief officer on board the Indian Empire, and hold a certificate as a master—I very often had trouble with Peterson before the 30th April—on the 8th March, in Calcutta, he refused to do duty, and went on shore, as he said, to see a Magistrate—he did no work after his return that day, and, during the next week, he repeatedly refused to obey orders, and would only do just what he pleased—when the third officer asked him to do anything, he threatened him with a knife, and said he would not work for him or any other d—officer in the ship—we left Calcutta on the 2nd April, and got on shore in the James and Maria, and from that time the crew wanted to leave the ship, and they were in a state of mutiny throughout the voyage home—on the night of the 27th April, I had occasion to go to the forecastle, to order the watch to turn out, for the purpose of hauling the yards round—they told me they would come when they pleased, and asked me what I was making a noise about—Grant told me I should get my head broken, and there would be something for me to go away with—the ship was in danger at the time, as she was caught aback—the watch were half au hour before they came out of the forecastle—I saw Peterson shortly after the occurrence—I did not consider that he was bad; he always ate his meat—he went to the forecastle the next day, and the sixth day he was cured—on the seventh all the plasters were off him, and I saw the man washing himself, and afterwards mending shoes—on the 11th of the next month, he was away from the cabin altogether—the prisoner bears a very good character, as far as I know; he is a temperate, quiet man—the next day the crew wanted to give me the command of the vessel—the captain was in danger at the time, because he was thrown on his back, and held whilst some of the crew went to look for the irons—the second officer was held by four men, and I, also, by the same number—I was told at the time that they did not intend to hurt me; they only wished me to navigate the ship for them, and to take them where they liked—if they had done so, none of us would have been seen again, and the ship and cargo would have been destroyed—the cargo consisted of jute, cotton, wool, sugar, linseed, rape seed, and other things, worth some 200,000l. or 300,000l.
Cross-examined by MR. BESLEY. Q. It is said that the captain said that he saw no necessity to put the second mate in irons; is it so? A. Four men laid hands on the captain, and I heard them ask that the prisoner should be put in irons, and the captain also—the captain was attacked before to sent for the revolvers—I am a Scotchman—any work done after 6 o'clock is not usually paid for—I never knew a law to that effect.
COURT. Q. Coming home, did things go on smoothly? A. No—they worked when it was necessary, but not as sailors generally do—no complaint or charge of mutiny has been laid against any of them—they wanted to leave the ship as soon as she got ashore, in the James and Maria, but they did not see their way, and after that they would only do as they liked—we were too far from Calcutta to go back—the natives from the shore got the ship off the bar
THOMAS LEWIS . I was steward on board the Indian Empire, and on the night in question I saw the man Peterson brought into the cabin—I strapped the place up myself—he had four slight wounds, and I put sticking plaster on them—the man took his breakfast the next morning, and on the sixth day his wounds were well, and the plasters were removed—on the 11th day he left the cabin, and went forward, and washed his clothes—the wounds were not serious ones; they were not deep, merely skin cuts—there was blood, but nothing to speak of—he was not delirious at all, and is not at all damaged by the injuries.
Cross-examined by MR. BESLEY. Q. Have you not sworn elsewhere that he was thirteen days in the cabin before he went forward? A. No, eleven days—he ate his meals regularly from the first—I said they were slight wounds—my deposition before the Magistrate was not read over to me before I signed it—I might have made a mistake at the Police Court, and said that the plasters were on for thirteen days—the prisoner is a quiet, peaceable man.
GUILTY of unlawfully wounding. The prisoner was liberated on bail, to com up for judgment when called upon.
841. EMANUEL MARCHANT (52) , PLEADED GUILTY to feloniously forging and uttering a bill of exchange for 21l. 10s., with intent to defraud, Recommended to mercy by the prosecutors—Four Month' Imprisonment.
FOURT COURT.—Wednesday, September 22nd, 1869.
Before Mr. Recorder.
843. RICHARD SUTTON (18), and WILLIAM NEILL (17) , to burglariously breaking and entering the dwelling-house of William Bell, and stealing ten coats, eight waistcoats, and other goods, having been before convicted— SUTTON, Twelve Months' Imprisonment —NEILL,* Eighteen Months' Imprisonment, and Five Years under the Supervision of the Police. [Pleaded guilty: See original trial image.]
846. HENRY LOVELL (16) , to burglariously breaking and entering the dwelling-house of Samuel Finney, and stealing eight pain of trowsers and other articles— Nine Months' Imprisonment. And [Pleaded guilty: See original trial image.]
MARY PULLEN PLEADED GUILTY — Six Months' Imprisonment. —MR. F. H. LEWIS, for the Prosecution, offered no evidence against
EDWARD and MARIA PULLEN.— NOT GUILTY .—See page 487.
MR. WOOD conducted that Prosecution; and MR. F. H. LEWIS the Defence.
I was in plain clothes in the Minories—a van passed down then, there, from which the driver was thrown, and was lying on the ground—there was a crowd round—I saw Mr. Orchard go in amongst the crowd, and pick the man up—while he was doing that, the prisoner placed his handkerchief round his hand, and as the prosecutor rose up he made a rush at him and took something from his waistcoat pocket—I could not see what it is, because the prisoner had his handkerchief in his hand—I saw the watch guard hanging down—the prisoner ran away, shoving the handkerchief in his pocket—I followed him into Rosemary Lane, where he ran into a clothes shop—a boy was at the door, and I went up stairs—the prisoner ran into the back room, and turned out the gas—I got a light, and saw him standing up, attempting to shove something into a crevice in the ceiling—I told him I was a police constable, and should take him into custody for robbing a gentleman, in the Minories—I searched him in the shop, but found nothing on him—I searched the crevice in the ceiling, but found nothing there—in the evening the prosecutor brought the watch to the station—I saw the prosecutor go into the crowd—I noticed that he had a watch guard on—it was not hanging down then.
Cross-examined. Q. Did many persons run up at the same time as the prisoner? A. Seven or eight—the prosecutor was some distance away from the horse.
MATTHEW ORCHARD . I carry on business at 1, Sharp's Buildings, Minories—about 6.30, in the afternoon, 16th August, I saw a man thrown from a van—I ran directly to pick him up, and whilst doing so, someone tapped me on the shoulder, and I missed my watch—my chain was hanging down—it was safe when I went into the crowd—I saw the prisoner running towards the Mint, and I ran after him, with the constable, till he turned into a clothier's shop, in Rosemary Lane—I saw a light in the back room when I went into the shop—it was put out directly—I stood at the door while the constable went up—when the gas was lighted the prisoner was standing on a box, reaching up to the ceiling—I remained in the shop about twenty minutes with the prisoner before he was taken to the station—I was standing at one end of the room—I after wards found my watch in my coat pocket—this is it (produced)—it was broken from the guard—the prisoner had no opportunity of putting it in my pocket—I was at the door to prevent him, coming out—I was in the room twenty minutes, while the search was going on.
Cross-examined. Q. You never felt the watch put into your pocket at all? A. No—I was in the shop three times after the prisoner was taken to the station—it must have been put in the last time I was in the shop—I had felt in my pocket before then—it must have been put in after the prisoner was in custody—it could not have slipped there, and I did not put it there myself.
GUILTY . He further PLEADED GUILTY to having been before convicted, in November, 1862— Seven Years' Penal Servitude and Seven Years' under the Supervision of the Police.
MR. MONTAGU WILLIAMS conducted the Prosecution.
for two pieces of 4 1/2 Irish linen for Gall and Anderson, of Camden Town—they are customers of my employers—I looked them oat and took them to the entering-room—I left the goods with Mr. Tilling hurst, the entering-clerk, and went away—the prisoner remained there.
HENEY TILLINGHURST . I am principal entering-clerk in the employment of Messrs, Boyd & Co.—on 13th September, about 4 o'clock, the prisoner came into the room—I asked him who he was waiting for?—he said, "Goods for Messrs, Gall and Anderson, of Camden Town"—I asked him to sign the book, and he signed in my presence—"Gall & Co., Camden Town. D. Jones."—I asked him if he had an order, and he produced this, "High Street, Camden Town. Please send by bearer, two pieces Irish linen. Gall & Anderson. To Messrs. Boyd & Co., Friday Street"—I asked him whose writing it was, and he said, "Mr. Anderson's"—I asked him how long he had been there, and he said "Seven months"—I asked him to go up stairs with me, and took him into the private counting-house—before that he said they wanted the goods particularly, and had sent him down instead of the porter—I shut the door of the counting-house and went down stairs—he came out and said we could send the goods up; he did not care about waiting—I said, "That differs from what you said down stain" he then said he would go to Messrs. Leafs and come back again—Itold him he could not go—he said "Why not?"—I told him I did not believe the order was in Mr. Anderson's writing—he snatched the order from me, and tore it in half—I sent for a policeman, and the prisoner was given into custody.
Prisoner. I picked the order up from the counter, and you snatched it from my hands. Witness. No, you snatched it from me—it was never on the counter.
ALEXANDER ANDERSON . I am partner in the firm of Gall & Anderson, drapers, High Street, Camden Town—we purchase goods of Messrs. Boyd—I never authorized the prisoner to get any goods upon that order—it is not in my handwriting; I know nothing about it—he was not in my employment—it is not my partner's handwriting.
Prisoner's Defence. The order was given to me by a party; he came with me as far as the comer of Friday Street, and told me to go and get a parcel for him from Messrs. Boyd's, and come back to him, and he would give me 5s. He told me if I did not get the goods, I was to bring back the order.
GUILTY . He further PLEADED GUILTY to having been before convicted, in June, 1865— Seven Years' Penal Servitude, and Seven Years' under the Supervision of the Police.
MR. F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ANNIE FREDERICKS . I am the wife of Henry Pullen, and live at 38, Great Wild Street—the prisoner, Maria Pullen, and their niece, Mary Pullen, lived in the same house—I heard something about the birth of a child—Maria Pullen made some communication to me at my shop door—after that the prisoner and his niece came and fetched her, and said, "Come down stairs, and have some tea"—shortly after that I heard screams, in a female voice—I went down into the kitchen, and found the prisoner's wife lying on the floor, by the fireplace—she said, "Pullen has knocked me
down"—I picked her up—her eye was black the next day—it was not black when I was talking to her at the shop door—the prisoner said that she would hang him with her tongue—from what she said, I made a communication to the police—I had lived in the house a month—I had heard noises before.
Cross-examined. Q. Had the wife been drinking? A. Yes—I saw that plainly—I had not given her anything—I did not say anything to her about being drunk—I had seen her drunk before.
MR. LEWIS. Q. Did you understand what she said to you? A. Yes.
MARIA POLLEN . I am the prisoner's wife—I lived in the same house with him—I do not recollect saying anything on this Saturday night about the birth of a child—I was not aware of it—I recollect going into the kitchen with my husband—he has been a good man to me for many years—I deserved it—he pushed me, and I fell down, through me not keeping the pledge—I never remember my husband saying anything about being hung for me—I don't recollect this afternoon—I remember the next day—there was a slight mark under the eye; it knocked against the chair—it was not black the next day—there was only a slight mark—I have complained about my husband when I have been drunk, and have said I wished he would not be so cross—I have not complained of him frequently beating me—I don't recollect saying to Mrs. Fredericks, when she asked me what was done with the child, that I was afraid to tell, for I was so dreadfully ill used—nothing of the kind; I was not ill used—I did not tell her that my husband and niece slept together, and I tolerated it because I was so afraid of him, or that I was pulled out of bed by my hair—it is not true; such a thing was never done—I was intoxicated on this day—I broke the pledge, and that was the cause of it.
Cross-examined. Q. Had he a great deal of work to do? A. Yes—that was the day I got drunk—I was very drunk.
GUILTY of a common assault — Twelve Months' Imprisonment, and after-wards to find security in the sum of 25l. to keep the Peace for Twelve Months.
MR. MONTAGU WILLIAMS conducted the Prosecution.
WILLIAM TUCKER . I am a wine merchant, at 11, Minories—on 26th August, the prisoner May came to my place about 10.30 in the morning, with this letter (Read:—"Cotton Street, Limehouse, 26th August, 1869. Sir, If you can do me six cases of brandy, Martell's, and six ditto of Hennessy's. at 45s., please give the bearer the invoice, and I will send my man to-day with cheque for the amount. I am, sir, your's respectfully, Charles Eras. Homer. Mr. Tucker.")—he also produced this card (Read:—"Mr. Charles Erasmus Homer, Prince Alfred, Cotton Street, Limehouse.")—I knew Mr. Homer's name very well, as a publican—I told the prisoner that our cart would be that way in the course of the afternoon, and our carman should deliver the goods—he said Mr. Homer had a customer living somewhere at Mile End, and he was going on a tour, and he wanted to deliver two or three cases on that day, and desired to have them at once—I told him I had no brandy at that time, but he should have it at 12 o'clock—he went away, and came back in about an hour and a half, and said he had brought another letter—I read it, and asked him how long he had been with Mr.
Homer—he said, "Fifteen months"—I said, "How long has Mr. Homer kept that house?"—he said, "Three years"—this is the letter he brought (Read: "Sir,—Can you let me have this afternoon six dozen of your standard brandy, at 42s., by way of trial; two cases of Hennessy's, and two of Martell's, and forward the remainder of my order at your earliest convenience. I am, sir, your's respectfully, Charles E. Homer.")—I had an invoice made out, and handed it to the prisoner—he went away, and came back in about two hours, with another letter, enclosing a cheque—(Read; "Sir, I enclose your cheque for brandy, as per invoice, 21l. 12s. Please forward the remainder of order at your earliest convenience, Charles E. Homer.")—This is the cheque I received—it is drawn on the Limehouse Branch of the London and County Bank, for 21l. 12s., payable to Mr. William Tucker, and signed Charles E. Homer—I sent the cheque to the bank, and it was returned, marked "No account"—when May came the third time he brought a pony and cart—I afterwards saw the same pony and cart on 2nd September, at Mr. Wingrove's, the carman—I delivered ten oases of brandy to the prisoner on his bringing the cheque—he took them away in the cart—I saw him afterwards at Seething Lane police-station, and charged him with obtaining goods by false pretences—he made no reply.
CHARLES ERASMUS HOMER . I am a licensed victualler, and keep the Prince Alfred, Cotton Street, Limehouse—I keep an account at the London and County Bank—this cheque is not signed by me, or by my authority—I know nothing about it—I did not order any brandy of Mr. Tucker on 26th August—I am not a customer of his—May was never in my employment—This is one of my cards—I give them out to my customers—the letters are not in my handwriting, or written by my authority.
CHARLES WINGROVE . I am a carman, at 5, St. James' Place, Old Ford Road—I know both the prisoners by sight—I have known May for about twelve months—on 26th August, about 2.55, Hall came to me, and I lent him a pony and cart—he was to pay for it when he brought, it back—he brought it back about 8.35, and paid 6s. for it—on the 27th he had it again, from 2.40 till 4.30—I saw May on one occasion—he was standing outside the house while Hall came for the cart—the 17th February was the first time they had the cart—May came for it then, and gave the name of "Groom, Old Ford Road"—Hall also had it on the 31st August and 2nd September—I knew May for twelve months, and he sent Hall down for the cart.
May. I never had the cart in my life.
EDWARD FUNNELL (City Detective Sergeant). On 28th August I received instructions from Mr. Tucker, and searched for the pony and cart—about mid-day, on 2nd September, I went to the stables, and there Mr. Tucker identified a pony and cart—I received a description of the prisoner from the carman—I waited till 9 o'clock, and Hall brought back a horse and cart which he had borrowed—he went into a public-house close by, and I gave instructions to another officer, named Chapman—on 4th September I went with Chapman to 1, Shad Street, Old Ford—we waited there till May and Hall came out—I told May he must consider himself in custody, and I should take him back to the house and search it—he refused to go, and became very violent—wegot them back to the house—Hall told me it was his house—I searched the house, and found twelve cases of brandy in the parlour—it was locked.
Hall. Q. Have you heard anything of the party who had the cheque-book, Mr. Warner? A. I have not been able to find him.
I saw Hall come to Wingrove's stables with a horse and cart, and on the 4th I went to Shad Street with Funnell—we took the two prisoners into custody there—I told Hall I wanted him for being concerned with May in obtaining some brandy—he made no answer—May said he knew nothing about it—I found a pocket-book on Hall—it contained a quantity of letters, and some note paper and envelopes—there was also a list of wines and brandies, and some cards.
JOHN LLOYD . I am cashier at the Limehouse Branch of the London and County Bank—Mr. Homer keeps an account with us as "Homer Brothers" the cheque produced is not in his handwriting—I refused to cash it on that account—this cheque was issued on 20th April, 1866, to William Everett, a builder, of Poplar, the account was closed in August, 1866—he had two cheque books numbered 868 and 869—this cheque is No. 868—he did not return the cheques when the account was closed.
May's Defence. I am innocent. I was employed by Mr. Warner; he is the man who gave me the cheque.
Hall's Defence. I had nothing at all to do with the cheque. I never had the cheque in my possession, it must have been Warner who forged it. I did fetch the cart, but I did not know what it was wanted for.
MAY— GUILTY — Nine Months' Imprisonment.
HALL— GUILTY — Twelve Months' Imprisonment.
There were four other Indictments against the prisoners.
MR. GRIFFITHS conducted the Prosecution; MR. HUNT the Defence.
EMMA EDWARDS . I live at the School House of St. James the Great, Bethnal Green—I was present when the prisoner was married to William Casebow, in May, 1867—he is still alive—I saw him at the Police Court.
GEORGE RICKMAN . I am servant to the Hackney Board of Works—on Saturday, 6th April, 1868, I was present at the parish church, at South Hackney, when the prisoner was married to Robert Bacon—I have known Casebow six or seven years—he went by the name of Jackson—he worked with me—the prisoner came to the works and wanted him to go and charge her at the police-station—he said, "I can't do it, there must be some mistake; she is no wife of mine, and never was, and I have no claim to her"—that was on the 18th July last.
PETER WESTON (Policeman N R). I took the prisoner into custody—I produce the certificates—I have examined them with the registers, and find them correct (The first was dated 13th May 1867, of a marriage solemnized at St. James the Great, Bethnal Green, between William Casebow and Eliza Harrod. The second was dated 6th April, 1868, of a marriage solemnized at South Hackney, between Robert Bacon, widower, and Eliza Case-bow, widow).
GUILTY .— One Months' Imprisonment.
MERRALLS PLEADED GUILTY *— Twelve Months' Imprisonment.
MR. LEIGH conducted the Prosecution; and MR. DAVIN the Defence.
WILLIAM WINES (City Detective 55). About 2.15, on the afternoon of 6th September, I saw the two prisoners together, on Ludgate Hill, going towards the east—I afterwards saw them coming buck, and followed them
—that was about 3.15—I saw them looking into Mr. Kirk's window—Cockrane went in, and the other stood outside, looking in—Mr. Kirk took a pipe out to show to Cochrane, and Merralla then went in and stood by his side—while Cockrane was looking at a briar-root pipe, I saw Merralls tike a meerschaum pipe from a tray in the window—I went in just as he was leaving the shop, and took him in custody—as I did so he handed the pipe towards Cockrane—I was going to take it from his hand, and he dropped it—I took them both to the station—I found 9s. 7d. on Cockrane, and an ounce of tobacco on Merralla.
Cross-examined. Q. How was Merralls passing it to Cockrane? A. He took it out of his pocket, and handed it while I was apprehending him—Cockrane did not take it, he had not the chance.
RALPH RICHARDSON KIRK . I am a tobacconist, at 10l. Fleet Street—On Monday afternoon, 6th September, about 3 o'clock, Cockrane came in and asked for a sixpenny briar-root pipe—I took a tray of pipes out of the window, in order to get the one he wanted—Merralls came into the shop directly I had put the tray down—he pointed into the window, and said, "Have one of those"—he was standing by Cockrane, and advising him—Something was said about buying a pipe for a present—this meerschaum ripe is ray property; it is worth 13s. 6d.—it was in the window near where Merralls was standing—I did not sell it to him.
COCKRANE— NOT GUILTY .
MR. WOOD conducted the Prosecution.
GEORGE JORDAN . I am a blacksmith, residing at 10, Ironmonger Lane, St. Luke's—on the morning of 18th September, about 1 o'clock, I left some friends at Wanda worth, in order to go to Bromley, to look for work—I come over Blackfriars Bridge to Water Lane, where I met the prisoner—he overtook me—he said, "Good morning," and entered into conversation with me—we went through Smithfield into Long Lane, and I said, "The house will be opened at the top of Milton Street, and we can have a pint of beer"—he said, "It is too soon yet, you can come to my lodging"—I said, "Very well"—he took me to a place in Golden Lane, where the baths are—we went into a room, and he locked the door and took the key out—there were four more men in the room—he blew the candle out, and then hit me in the mouth—I was knocked down, and I felt two hands, one in each trowsers pocket—sixpence and half an ounce of tobacco was taken from me—one of them said, "What sort of boots has the old be—got on"—they were on the top of me—another one said, "Pull off his clothes"—I said, "No, you don't do that, I will sooner die than lose my clothes"—I had another blow on the head, and they opened the door and kicked me on to the stair head—I found my way down stairs, and gave information to the police—I showed them the room—I went up with them, and saw the prisoner in bed—they asked me to identify him—I said, "No, not without his clothes"—they made him put his clothes on, and I said, "That is the man who fetched me in"—he spoke while his clothes were being put on, and I recognized his voice—I gave him in charge—I saw half an ounce of tobacco
taken from under the pillow—this is it—it is mine—I had another half ounce in my coat pocket, but they did not find that—I was kicked till I could hardly get down stairs, and my mouth was cut and bleeding.
Prisoner. Q. Did not you say you did not know who it was? A. No—I had been drinking overnight with my friends—I was quite sober when you overtook me—you did not say, "There is the tobacco, at the foot of the bed."
WILLIAM WEST (Policeman G 112). About 6 o'clock, on the morning of 18th September, I was on duty in Golden Lane, and heard a disturbance it the baths—I had seen the last witness go in with a man—I waited about there—I saw Jordan come out, bleeding from the mouth and nose—in consequence of what he said, I got assistance, and went into the baths—I went up stairs with him, and he pointed out a room to me—I kicked and hammered for some time, but no one would open the door—I looked through the window, and saw the prisoner and two other men in the room—I told them if they did not open the door I should burst it open and one of them came and opened it—I saw the prisoner put his font under the pillow—I said, "What have you got there?"—I got hold of his hand underneath the pillow, and took out half an ounce of tobacco—Jordan said it was his, and pulled another half ounce out of his pocket and said, "I have got another half ounce like it"—the floor was smothered with blood—I asked Jordan if he could identify any of the other persons—he said the light was put out so quick, he could not; but he could swear this was the man who walked with him, and took him up into the room to stay a little time—the prisoner said nothing till he got to the station; he then said it was not him, it was some of the others—the prisoner does lodge at that place—the prisoner said at first he was not the man—I said, "Let me look at your boots"—his boots were quite wet—it had been raining over night—I found sixpence in another man's pocket; but the prosecutor could not swear it was his.
Prisoners Defence. I am innocent of the charge. I never touched the man. I had been to bed since 10 o'clock. I had been in bed four hours when the policeman came.
Five Years' Penal Servitude, and Twenty Lashes with the Cat.
MR. LEIGH conducted the Prosecution.
EDWARD STAMP . I live at Isleworth—on 13th September, between 11 and 12 o'clock, I was at the George and Dragon public-house, and saw the prisoners there—I had some half and half with them—I took out my purse to pay for it—I had a half sovereign and 8s., in silver, in it—about 12.15 we left the house—I did not see the prisoners following—just past Northumberland House the two prisoners came up, and threw me down—I got up, and went on in the direction of Isleworth—the prisoners followed me, overtook me, and threw me down again—Finall pushed me down first—he held my hands, one on each side of me, and Randall took my purse from my pocket—I begged of him not to hurt me, and let me get up—they hurt my foot a good deal—it was a leather purse—Finall said, "Shall us to for the b—"—I got away from them at last, and went towards home—I gave information to the first constable I met—I had known the prisoners four years—I am quite certain they were the men—I called Finall by name
—I had had a little drink, but I knew what I was about—I could walk well enough, and run.
WALTER SEAWARD . I am a labourer, and live, at Old Brentford—I am in the service of Mr. Collier, a coal merchant—on 13th September Finall was working at the Brentford Station up to 4 o'clock—there was nothing for, him to do after that, and he left—he lodges at my house—on the morning of the 14th, he came home about 1.50, with Randall—he does not lodge there—he stayed about ten minutes or a quarter of an hour, and, had something to eat—I saw Finall with a dark purse, with a piece of elastic round—I did not see him take any money out of it—I saw Randall pass a half sovereign to Finall, and he put it in the purse—Fiuall said to me, "I am off, they are on my track"—they want away almost directly after that—they did not stop there the night.
WILLIAM BANNER (Policeman T 262). About 10.30, on the 18th, I met Randall in South Street, Isleworth said "Here I am"—I told him the charge I had against him, and he said, "All right, we shall both plead guilty."
Randall's Defence. We were all drunk together on the 13th; that is all I can say.
Finall's Defence. We were all drinking together in the Magnie and Stump; but we did not go with the man at all.
GUILTY *— Eighteen Months' Imprisonment each.
THIRD COURT.—Thursday, September 23rd, 1869.
Before Mr. Common Serjeant.
MR. LANGFORD conducted the Prosecution.
LEWIS HASLUCK . I am a watch and clockmaker, at 254, Tottenham Court Road, in the parish of St. Giles in the Fields—about 2.30 on the morning of 14th August, I had a mechanical communication made to me from the workshop, which is attached to the dwelling-house, under the same roof—I afterwards heard a noise of glass smashing—I went down and found a portion of the skylight broken—that hole was not large enough for a man to get through—I had seen the skylight about 12 o'clock the night before—it was not broken then—a constable was outside, opposite the window—we searched, but did not find anybody—I then went to the George Street police-station, and gave information—I got some constables, and we searched the next house, No, 255—the prisoner was found up the chimney, in the kitchen—I found a bag and a, piece of rope in my workshop—this clock-case (produced) was found on the wall outside the premises, about 3 o'clock—I had seen it safe in the said the night before—the rope was attached to the gaspipe under the skylight—a piece of glass had been removed from the skylight, large enough for a man to
get through—the glass that was broken was in a different place—there was also a hole large enough for a man to get down, and for the clock-one to come up—it was worth 15s.
CHARLES PINNICK (Policeman E 15). On the morning of 14th August, I was on duty at the police-station—the prosecutor came there, and I went to his house and I saw two holes in the roof—we afterwards went into the back kitchen of the next house—I looked up the chimney and saw the prisoner there—I pulled him down—Mr. Hasluck was present—the prisoner said "I hope you will forgive me; I have cut myself with the glass"—I told him I should charge him with a burglary in the next house—I took him to the station—on the way he said, "Are you going to lock me up, I have not taken anything, I only meant to"—I was in the act of wiping the clock-case, which was wet, and the prisoner said, "It was not wet like that when I pulled it out"—he refused his name and address.
Prisoner. I said it was not wet when I received it.
JOHN HEAD (Police Sergeant E 2). I went with Pinniek to 256, Tettenham Court Road—after we had been to Mr. Hasluck's, I saw the prisoner found up the chimney—I searched him and found ten keys and an old knife—he said, "Let me go this time, as I have cut my hand"—on the way to the station, he said he had not taken anything, but he meant to.
Prisoner's Statement before the Magistrate. "I have nothing to say, unless it is to get me off. I want to state how I lost my business."
Prisoner's Defence. I got over about twelve houses at the back of Tottenham Court Road, before I got to Mr. Hasluck's premises. I then pulled my companion up with a rope; after a very long while we succeeded in getting the window out of the skylight, and he got into the shop. I heard the noise of a dog, and I went down and got up the chimney, as my only chance of escape. The constables knocked me about very much, and punched me in the side. I was not the real party that broke into the premises, and nothing was taken, and therefore I plead not guilty to the burglary.
GUILTY .*— Fifteen Months' Imprisonment.
The Evidence was interpreted to the Prisoners.
CATHERINE BUCKNER . I am the wife of John Buckner, and keep a sea-man's lodging-house, at 6, Ship Alley, Wellclose Square—the prisoner Franini lodged at my house prior to the 3rd August—I knew Pignatilli—he told me he was a shipping master—on 3rd August, he came to me and said, "Have you got any men who want to go on board of a ship?"—I told him I had six or seven in the house, and I mentioned Franini—he took Franini out, and afterwards brought him back, and Pignatilli said, "I have shipped your man"—he handed me this advance note for 2l. 10s.—the prisoners both understand English—Pignatilli said, "I expect 6s. from you, for shipping him—he said it was a foreign ship—I asked him when it was going out, and he said, "The day after to-morrow"—I said, "I suppose it is all right"—he said, "Yes," and I gave him the 6s.—I gave Franini 5s. of
the money—Pignatilli told me that he must have a suit of sea clothes, and I said, "I can't give you more money out of the 2l. 10s., but there is 6s. for shipping; I shall have to pay 5s. for having it cashed"—Pignatilli went out with him, and in about half an hour they came back—Franini then said, "I don't want any sea clothes at all; I want the money oat of my advance note"—Pignatilli said, "You give him the money; the captain will find him clothes on board"—Franini said he was shipped in the Flora, lying in the Commercial Docks, and that the captain would find him in clothes—I then gave him 10s.—he came afterwards, and wanted more; I told him I could not give him any more; I wanted to see the captain of the vessel first—I went next morning to the Commercial Docks, to look for the ship—I could not find any ship there of that name, nor any captain—I went to find Messrs. Phillips and Tempory, the owners, whose names appeared on the advance note, but could not find any such persons at the address given—I did not know Franini's name while he was staying at my house—I heard it afterwards—he said his name was Alexander Herbert, when he was shipped—I had seen Pignatilli before this, passing my door, but I had no business transactions with him—I have not inquired whether he was a shipping master.
Prisoner. I cannot read or write; I know nothing about this note. Witness. On the 3rd and 5th of August, be brought me those two advance notes; one is for the ship Laura and the other the ship Fortuna—I advanced him money on those—I have tried to find those ships, bat could not, nor the persons named in the notes—I have seen him write once.
WILLIAM BONNER . I am assistant to Mr. Graves, A pawnbroker, 163, St. George Street—Mrs. Buckner brought this advance note of the ship flora to me, and I cashed it for her—I have been to East India Chambers, to find Messrs. Phillips and Tempory, but could not find them—I also cashed two other notes for her—I have been to 36, Cornhill, and also to Bishopsgate Street, but could not find the persons named in them.
ALEXANDER FOXCRAFT .—I am a sailor, and lodge at Mrs. Buckner's home—I was present when the two prisoners were in conversation with her about the ship Flora—I saw an advance note—I heard Pignatilli say he had shipped the man, and saw Mrs. Buckner give him 6s.—she also gave Franini 15s.—I was staying in the house at the same time as Franini—he understands English—I saw another note, relating to the ship Laura, purporting to ship me—I saw Pignatilli write his name at the back of that note—he did so by my desire—Mrs. Buckner advanced him money on that—I have been to the Commercial Docks, but could not find the Laura.
HENRY BURR . I am carman to Mr. Taylor, of East India Chambers—I keep the chambers, and have been there twenty years—there is no such firm as Phillips and Tempory there, and never has been during that time.
Franini's Defence. Mrs. Buckner only gave me 2s. I only spoke to the captain once, and have not seen him since; he said he was bound for Trieste, but I would not go there.
Pignatilli's Defence. The captain gave us the note at the hotel, and that is all I know. Franini handed the note to her, and he said, "Give him something for the trouble," and she gave me 5s. I know nothing about the note; I was never in prison in my life before; I get my living in an honest way, and never defrauded anyone.
PIGNATILLI— Twelve Months' Imprisonment. FRANINI— Four Months' Imprisonment.
MR. WOOD conducted the Prosecution; and MR. GRIFFITHS defended Carthy.
EDWARD MITCHELL . I live at 10, Leigh Street, Stratford, and am a labourer—about 12 o'clock, on Saturday night, 14th August, I was in the Whitechapel Road—I was standing, waiting for a bus—Carthy called up and asked me for some tobacco—whilst I was putting my hand in my pocket Jones and another man came up—Carthy knocked me down, and Jones held me—Carthy put his hand in my pocket—I had 15s. or 16s.—I know that, because I had changed a sovereign—it was in my trowsers pocket—it was all gone when they went away—I shouted "Police!" and got up—the prisoners were taken within two or three minutes after—I saw them in custody, in Osborn Street—I charged them with stealing my money—they said nothing—I am quite sure they are the men—I had a good look at them.
Cross-examined. Q. Where had you been on that day? A. I was at work, at Stratford—I left work about 6 o'clock—I then went to Shadwell, to receive my money—I had some beer—there were three or four pints amongst four of us—I did not have any spirits—I received 1l. 2s. 6d.—I had 15s. or 16s. in my pocket when the prisoners came up—I paid 2s. away, and spent 2s. in drink—I was not drunk—I was capable of knowing what I was doing of—I have seen Carthy in the street before—I never spoke to him—I did not know what his name was—I have not told anyone that I could not swear to him—I did not tell his sister so—I swear that—I never said so to anyone—the money was loose in my pocket—I had felt it there just before.
JOHN STEPHENS (Detective Police Constable). I heard cries of "Police!" and saw the two prisoners running towards me, from Whitechapel—I was about thirty yards from the prosecutor when I first saw them—I stopped Carthy and asked him what wan the matter—he said, "I don't know"—he threw up his arms, and said, "I have nothing"—I seized his right hand, and took out 8s., two florins and four shillings—I said, "What is this?"—he said, "That is my own"—I took him back to the prosecutor, and he said, "That is one of them"—he was rather excited—I saw Jones running, at the same time. Cross-examined. Q. Could you see the prosecutor when you first saw these men running? A. No—there were no other persons at the corner of Osborn Street at the time.
Jones. When was went to the police-station, and the prosecutor came there, he said he did not know who it was put his hand in his pocket. Wit-ness. He said Carthy put his hand in his pocket, and Jones and another one held him down.
JOHN SHEPHARD (Detective Police Constable H). I saw the two prisoners running up Osborn Street, from the comer of the Whitechapel Road, towards me—I stopped Jones—as soon as he saw me he stopped running, and commenced walking lame—I laid hold of him, and he threw some money away—I heard the rattle—I only picked up a penny—I found two purses and a tobacco pouch on him—he said he bought them down the lane.
Cross-examined. Q. You saw something fall, and picked up a penny? A. Yes—he said, "I have nothing to do with that man who is running away—Carthy was stopped at that time—he was not more than 15 yards in front of Jones—they were both stopped at the same time.
Jones. As he pulled the purse out of my pocket, he pulled the penny out with it, and said, "Here is a penny." I was walking lame. I had a bad pair of boots on.
CARTHY— GUILTY . He further PLEADED GUILTY to having been before convicted, in November, 1867*— Seven Years' Penal Servitude.
JONES— GUILTY .— Twelve Months' Imprisonment.
FOURTH COURT, Thursday, September 23rd, 1869.
Before Mr. Recorder.
MR. WOOD conducted the Prosecution, and MR. BESLEY the Defence.
BARNETT SAMUEL WOLF . I am foreman and manager to Mr. Casay, a tailor, of 34, Poultry—the prisoner was in his employ when I went then from Mr. Casey's other shop, 38, Cheapside—he left, by my orders, through bad work—he spoke English perfectly—I have heard him speak German; but we have no Germans in the establishment—on 13th July, about 8.16 or 8.20 this letter was handed to me by the postman—it is directed to Mr. Casey, and I gave it to him unopened—he opened it, read it to himself, and then read it to me—I had no idea then from Whom it came—there is no truth in the assertion that I had anything to do with the velvet.
Cross-examined. Q. How long have you known Moody? A. Since 13th July, when I saw him in the Bay Tree public-house, Old Ford—Howsham a cutter in our employ, took me there—he is not here—I do not knew Moody as a tailor—there are, I think, six men and four boys employed in the shop, and about twenty tailors and tailoress off the premises—I have discharged several persons, male and female, from both shops; but had no difference with them—I have complained of bad work, and discharged them—there is a rule that no beer is to be taken in to the cutters while they are at work—I made complaints about that—three yards of velvet were missed and I acquainted Mr. Casey with it.
RICHARD MOODY . I am a trimming manufacturer, of 4, Ellesmere Road, Bow—on 12th July, a little after 9 a.m., I saw the prisoner in Victoria Park—I knew him by speaking to him occasionally—he lived in the next road to me—he spoke first, and said, "Can you write some English?"—I said, "Yes"—he wished me to write some advertisements for the "Cleckenwell News," which I did, at his dictation, in the tap-room of the Great Eastern public-house, and it afterwards appeared—he then asked me to write a letter—he told me what to write, word for word; but the first letter did not suit him, and I tort it up, and wrote this one (produced)—I gave it to him filled up, but unsealed, as I believed he was going to put his signature to it—the words, "A friend," were appended to it by me—he said that he should put his own name to it, and Mr. Casey would take an opportunity of seeing him privately, and then he could explain to him all about the velvet—fourteen stamps were bought; one Was put an the letter, and the other on the "Clerkenwell News"—after the letter was written, he said, I shall give you 5s. for it;" but I have never got it—I afterwards met him, and he told me he had seen Mr. Casey, and acknowledged to the letter, and Mr. Casey know all about it—the potman came into the tap-room once or twice while I was writing the letter.
Cross-examined. Q. For whom do you work? A. For wholesale houses—Jones and Appleby's, of Dalston—I have done nothing for Jones's this last
six months, because there is no trimming doing—I will not swear that I have not been in a Court of Justice fifty times—I have often gone into the Court of Queen's Bench when I have been waiting about—I was a witness, eight or nine years ago, on a trial of the South Eastern Railway, and again seven or eight months ago of a man for robbing our furnished lodgings—I do not recollect any other time—I wrote to Bristol some time in July, offering to go down to the Assizes—I did not say to a man, named Coombes, that it would be a good thing, and he would make some money if he would go and swear, too—I did not ask him to go; I told him I had had a letter, and was going—I did not tell Coombes that I would give him 5s. if he would come to the Old Bailey and swear he was present when the prisoner asked me to write the letter; nothing of the kind—Coombes said that he came into the house in the morning, and saw me writing a letter, and I said they probably might want him, but I did not offer him 5s., I was not in a position to do so; I have not had five pence myself—I did not know William Thomas—that lad (William Thomas) came to my house when I was letting the work-people out, and asked me where Freitag was—I said, "The last I heard of him was, that he man Newgate, but if you go to Mr. Vance, be will tell you where to find him"—he said that I was the chief witness against him, and should have to appear on Monday—we went and had a pint of beer among three of us, and told I showed him the recognizance paper for 40l. and told him I was very sorry to go—I did not say that if I had had the suit of clothes which was promised me, I would have gone into the country, and not appeared against him—I never mentioned anything about a suit of clothes—I did not say that I did not see my way very clear as to what I had sworn, and give that as a reason why I did not wish to appear—I bought the paper and envelopes with money supplied to me—the prisoner went into the shop with me, and gave me sixpence to pay for it? that was a quarter of a mile from Victoria Park—I was not with him more than an hour—a woman served us; I do not know whether she is here—no one else was in the shop—we went into no other house between the Park and the Great Eastern—there were people in the public-house, and persons serving in the bar—I got pen and ink at the bar, and went into the tap room—I understand that Coowbes came in there, and the potman—I had it pennyworth of note paper, four sheets and two envelopes for one peony—I destroyed one piece and left it on the floor, or else threw it in the fire-place; I left it in die room, I know—I do not know whether the potman is here, the landlord in—the prisoner gave me the language, word for word; it was written at one time, from end to end, and I did not hand it to him till it was finished; I then gave it to him to read—he said that he could read English, but could not write it—it was about four days afterwards that he told me he had seen Mr. Casey—he had told me at the Great Eastern that he could not see Mr. Casey, because it would attract attention—I made no observation upon that—I was once in a Police Court as a defendant, and the Magistrate told the prosecutor he would not believe him on his oath, but as the piece of wood was found in my greenhouse, being put there by one of my lodgers, I was fined for illegal possession.
MR. WOOD. Q. Was that the only time? A. Yes; I was fined a sovereign.
ROBERT MARVIN COPEMAN . I am landlord of the Great Eastern public-house—on 12th July I had the same potman who is with me now—he is not here, because he is seriously ill, and he has had no summons—I saw
not in the bar, I was in my bedroom—it was before 9 o'clock in, the morning.
Cross-examined. Q. When was your attention called to it? A. On the evening when it was in the "Evening Standard," at the latter end of August, or the beginning of September—I am in my bedroom nine times out of ten at 9 o'clock in the morning, but if it was 9.30 most likely I was in the bar—I will not swear that I was not in my bar at 9 o'clock on 12th July—(Letter read: "July 12th, 1869. To Mr. Casey. I think it only, the duty of every honest man to turn out a thief, so that I shall offer you no apology for sending you this. You missed, some time since, three yards of black velvet Mr. Woolf, your foreman, knows what became of that; he bad a lady's jacket made of it. About three months since he tried to get a situation at Mr. King's, in Cornhill, and if he could have got that he would leave you. Mr. King told him that he knew what he was too well to have him in his house. Yours truly, A friend.")
Witnesses for the Defence.
THOMAS COOMBES . I am an insurance agent, of 13, Auckland Road, Old Ford—I have known Moody some considerable time, but never to be in ultimately acquainted with him—previous to this case being in the papers, and while the prisoner was under remand at the House of Detention, Moody told me that the letter had been written and I could make some money out of it if I liked—I asked him on what ground; he said, "All you here to do is, to go up to, the Old Bailey, and say you saw me write the letter"—I did not say pro or con to it, not being staggered, as it was not the first time—he said that I could hare 6l. a day for it—I am not aware that on any day in July, I was in the bar of the Great Eastern public-house when a letter was written by Moody—I have met him at other houses, but never there, to my knowledge—I never saw him with the prisoner, writing a letter, and I never said so to Moody, but he has asked me to come forward and say that I did—from what I know of Moody's character, I certainly should not believe him on his oath.
Cross-examined by MR. WOOD. Q. Where is your office? A. Mine is a private residence, 15, Auckland Road, I represent the Accidental Insurance, and also the Kent, and others—I mean, I am agent for them, I have been appointed by the society as agent—I am out now on the business of the Accidental Insurance—I do not know that I ever saw the prisoner till after Moody made a proposition to me to come and take a false oath—I went to Mr. Vance, the prisoner's attorney, and told him the circumstances, and also about a similar case, and he said I had done quite right—I know that it is a fact, that the prisoner is defended by the German League Protection Society—I went to them myself—Mr. Vance told me that they were defending him, and I ascertained their address and went there—I have seen Moody for five or six years, on and off, and it is not the first proposition of this kind that he has made to me—I do not know whether you would term us friends, it is the same as you might term a client, you might be friends for a time—we hare not been friends, but he has come to my house to see a tenant of mine, and that has caused the conversation to have arisen—it was in the breakfast kitchen of my house, that Moody said "All you have to do is, to go to the Old Bailey"—Mr. Lee was present, and he made the same proposition to him—he is not here, but he is at Finsbury Square, and can be fetched.
Q. Are you a believer in future rewards and punishments, or are you an
atheist? A. am a believer in speaking the truth, and I know, whither I speak or make an affirmation, I am bound to the law of my country—I am not an infidel—I believe that if I say what is not true I shall be subject to punishment both by the law of my country and hereafter—I did not take time to consider the proposition he made to me—I had made up on mind to state the facts to those who defend the prisoner, as I had done before in a similar matter—I hare also been an ornamental cabinet carrer, and a confectioner, and a house agent for four years, and I have been a furniture dealer—I presume I may get my living how I like, honesty—when I was a lad I was in a printer's office, but I was not a professed hand—I have never communicated before with the German Legal Society.
MR. BESLEY. Q. You wrote to Mr. Vance first? A. Yes, I knew he was not the solicitor to the German Legal Aid Society.
COURT. Q. You say that you had had a proposal of this sort from Moody before, and you still continued to associate with him.? A. Yes—I do not know whether I ought to have done so—he forced his association on me to a certain extent.
WILLIAM THOMAS . I am a tailor, of 168, Bishopsgate Street Without—I have known the prisoner for the last three years—on 14th September I was going down to his place At Bow—I did not know his address, and was looking for him all day—I was told at a public-house that he Riving at Bow, and went down to find him—I was inquiring for him in Amdell Road, and they did not know him—Moody was coming down some step, and I asked him if he knew a German tailor named Frtetag, a trowsers maker—he said, "Yes," and the last time ho saw him he was in Newgate—I said, "What for t"—he said, "That has nothing to do with it; I am principal witness"—I said, "I very much want to find him; he is an old master of mine"—he said, "If you go to Mr. Vance, be is his solicitor"—I said, "I am going to have a pint of beer, perhaps you will not mud drinking with me"—I did not know his name—while we were drinking tin beer he pulled out a paper, and I saw his name upon it—he said, "That is what I have to go to Newgate for; I do not see my way clear; I do not want to get the man in trouble; I do not want to go up, and if I of the suit of clothes that was promised me in Cheapside I would go into the I country"—a young man named John Van Hoffen, who drank out of the pint of beer, heard that also—the prisoner has kept hands to work for him, but do not know that he has done so since he left Mr. Casey.
Cross-examined. Q. Are you working for the prisoner now? A. Yes, and have been since last Tuesday week—I was looking in at a shop window and he touched me on the shoulder, and said, "Hallo I have been locking for you; do you live here?—I said, "Yes," and told him who I had seen—he said, "You must come with me to the City to-morrow morning, told you must come to the Court and say what you heard," so I went with him next morning—I do not know the Victory public-house, Old Ford Bold, kept by Tilly—I do not know that part, but next day I went and Jookid at the public-house where Moody was, and the name was Hoard—I has not seen the prisoner on the morning I saw Moody—no one had sent me to ask Moody the question—I wanted to see the prisoner, to ask him for work—he spoke to me in English—I am English, but I can speak German—I have worked for him nearly three years—the greater part of his workpeople are English—some of them are females—Mrs. Freitag speaks to them—I spoke to the prisoner in German.
MR. BESLEY. Q. Although he speaks English, does he speak it with An innocent? A. He only speaks a few words which we want in the work, when people cannot understand him hi German.
JOHN VAN HOFFEN . I am a German. I have known the prisoner three years, and was with William Thomas, trying to find him, on 4th September—Thomas asked Moody if he knew where Mr. Freitag lived; he said "Yes, he is living in Newgate"—Thomas asked him how that was; he said, "I am a chief witness"—Thomas asked him if he would drink a glass of beer with him; he said, "Yes," and we went to a public-house, tad shared a pint of beef together, and Moody took out a bill to show Thomas that he had to cone up on 20th September as a witness against Freitag, that he was very sorry about the cause, and he would not appear if he had a suit of clothes which was promised him in Cheapside, because he did not want to get the man in trouble, and he did not see his way clear, and he would go into the country if he got the suit of clothes.
Cross-examined. Q. whose public house was it? A. Jack Wodds—I am certain about the words—I am not a friend of Freltags—Thomas found him out, and he said, "I will take you for witness"—I am a working tailor—I worked for the prisoner four weeks ago, but was not doing so at the very time this conversation passed knew nothing about the case—I now work for Mr. Willis, of 15, Rupert Street—have seen Thomas at the German Society I do not know whether the prisoner is a member of that society.
MR. BESLEY. Q. You do not mean the German Legal? Aid Society? A. No; a society on Saturdays and Monday, for singing.
CARLO KWDEWEISS . On Monday morning, 12th July, About 10 'o clock, went to the prisoner's house, Triffield Court, Victoria Park, and he paid me 5s., which he owed me—he was not dressed—his wife was there—I went with him from there, by 'bus, to the Bank, and from there to a man named Peter Schmidt. I was in the prisoners company all day.
NOT GUILTY .
Mr. CROOME conducted the Prosecution.
ABRAHAM FIELD . I am a printer, of 96, Minoriea, and am a partner in the firm of Field and Tuer—I received from the prisoner a manuscript of this pamphlet (produced)—he ordered 2500 copies to (A printed—I sent them to him, and returned him the manuscript with the proofs—I have apologized to the prosecutor for printing it—I have seen the prisoner since, but he has not paid me for it—we did not publish it.
EDWARD AMBLER . I am the editor of the "Paddington Times"—I received a copy of this pamphlet, with writing upon it, "With Mr. Henry Taylor's compliments and thanks for review, in the prisoners writing, which I knew—do not know where it is; I put it in the waste-paper basket, I think—I I can swear that it was word for word the same as the one produced.
MICHAEL SAMUEL MYERS . I am the editor of the "Bayswater Chronicle," and was so in March—I wrote the article of the 6th March, On the Marylebone Readings, and on the 7th or 8th March I received a letter from the defendant, stating that the article in question would be commented upon at the next meeting, and asking me to send a reporter—wrote to the defandant, telling him that I would be there, and I went there on 9th March—the first thing I had to drink that day was 3 a glass of ale at luncheon, about
2 o'clock—after that I went with Mr. Hope to the London Docks, where had two glasses of Madeira—we stayed there about half-an-hour, and left about 3.45—the next thing I drank was between 6 and 7 o'clock, I think, when I had, I think, two glasses of sherry—I had nothing else before I went to the room—I got there as near 8 o'clock as possible—Mr. Hope was with me all the time, and accompanied me into the room—when we arrived at the hall I saw a great confusion, in consequence of which I went on to the platform—I did not know the defendant personally at that time—as one was on the platform at that time—I spoke to the meeting, and the defendant came and asked me who I was, and what right I had there—I in-formed him that I was there by his invitation, to hear myself commented upon, but as he was not commenting upon me, I proposed exposing the humbug, and showing why the great names and great artists were not present—Dr. Halshall, who I did not know, took the chair at the defendantant's request, and I also, at his request, took my seat with the rest of the audience, and the readings at once proceeded—after they had proceeded some time, Dr. Halshall made a statement to the meeting as to the reason that the artists were not there; he said that, although he had been reading until he was nearly hoarse, he would read another piece, because the artists, when names had been announced, had been prevented from attending by an accident—I then rose and said, "With all due deference to you, I must contradict that statement," because I had previously given the reason to the meeting, and I stated that the artists had been there, but finding no preparations, and no piano, they left, and were very much annoyed at being brought great distances for nothing—Dr. Halshall told me to sit down, and someone called the proprietor of the hall, who came in—there was great confusion, and the proprietor said to me "I am a special constable"—I said, "I am very happy to hear it"—he then proceeded to put the gas out, the reading being considered to be over, and I left the room—there was not the slightest pretence for saying that I was intoxicated—it is not true that I conducted myself in an abominable and disgusting manner—no one kicked me out of the room or bonneted me; nothing of the kind—this pamphlet (produced) was sent to my office about 16th July—it has the prisoner's writing on it.
Prisoner. Q. Is it usual for reporters to go on to the platform and address the audience? A. No; but this was an exceptional case—I do not remember being asked by Dr. Halshall on several occasions to retire from the platform—I was asked to leave the platform, and I left—I am not aware whether I was on the platform when Dr. Halshall took the chair—he asked me to sit down when I was by the platform—I believe all, the artists had gone—Miss Rebecca Isaacs and Miss Poole were, I believe, absent—I know them very well, and I did not see them, they did not take any part in the proceedings.
HENRY HALSHALL I am a professor of languages, and live in Old Bond Street—I first saw the defendant the preceding year, at my house—he first sent me two letters, to the best of my recollection, to say that he should be very glad if I would be one of his readers—I was very busy, and did not answer it, and he called on me, and said that he was the nephew of the Earl of Harrowby, and I consented to go to his readings—I got to the hall on 9th March, about 8 o'clock—Mr. Myers was on the platform when I arrived—I had seen him before, as a literary man, but did not know him personally—I heard him make a statement—I did not see Taylor at that time, but he afterwards came into the room, and went quickly on to the cross
benches, behind some ladies, and was invisible but when it became very personal, he moved on—there was a row, because it was a musical entertainment without a piano, and Taylor came to me and said, "Dr. Julius Gold-smith is not here; will you kindly be the chairman"—I did not take the chair at first, knowing there would be a very serious row, and I was afraid the benches would be broken, and then I did it; not before—Mr. Myers was then on the platform—he mentioned the letter which Taylor had addressed to him, and read it, or referred to it, and said, "You told me to come here, or send a representative; I am Myers, and here I am,"—when he interrupted, I told him to be quiet—I said that I was the general, and the army must obey, and he was one of them—he obeyed temporarily, and the reading took place—after it had proceeded some time I got up, and made several remarks—I said, in a very sarcastic manner, that we began the first time with an accident to the piano, and that we had an accident with the piano again to-day—Mr. Myers considered that I wanted to excuse the defendant, which I never intended to do, and then he made a remark as to the reason of the absence of the artists—there was very great confusion in the room, and the proprietor came in and threatened to turn out the gas, but I do not think he did so till the whole was concluded—I told Mr. Myers to sit down, and he did so—he was very much excited, but he was not drunk—I saw him during the whole time he was in the hall, and my wife and I followed him—I saw nothing of his being kicked out or bonneted,—he certainly did not conduct himself in an abominable or disgusting manner—I should have done exactly the same as he did under similar circumstances.
Prisoner. Q. Did you attend a committee meeting, held at 22, Oxford Terrace, Hyde Park? A. Yes—Mr. Edmond Beales, M.A., was present, and Mr. Howe—I did not tell them that the editor of the "Bayswater Chronicle" was drunk, and made a great row—Mr. Myers obeyed me temporarily; but he interrupted again when he thought I was taking your part—he interrupted several times, and I told him each time to be quiet—I never saw the artists in the room—it would have been difficult for them to manage without a piano—Mr. Myers conduct was that of a sober being—you can be excited and yet sober—I never drink anything but water and tea, and yet I am excited sometimes—Mr. Myers spoke in a very logical manner, and gave logical answers, and therefore he was not intoxicated.
COURT. Q. Was his conduct but that it might honestly have been taken for intoxication? A. Yes.
MR. CROOME. Q. You did not attribute it to that? A. No—I do not remember telling Mr. Howe that the defendant was intoxicated.
Prisoner. Q. During the time Mr. Myers was addressing the platform, did not you hear many people cry out that he should be expelled? A. I believe some persons said go, and I believe they were your friends—I think I could recognize them now, because I have seen them each time at your readings.
THOMAS OETZMAN . I am a pianoforte maker, of Baker Street—I was present at the reading on 9th March—I first saw Mr. Myers outside, before he got into the hall; but had no conversation with him—I afterward, saw him on the platform, before Dr. Halshall took the chair—the prisoner came about 8.15—he was not there when the chair should have been taken by Mr. Goldsmith—when he came, Mr. Myers was on the platform, and there were great cries for the conductor—the prisoner said to Mr. Myers,"Who are
you?"—he said, "I ara Mr. Myers, the editor of the 'Bayswater Chronicle I am here at your invitation"—the prisoner said, "I insist on your leaving the platform; you have no right on the platform"—Mr. Myers stayed there several minutes after that—I saw Dr. Halshall go on the platform—he asked Mr. Myers to sit down, which he did, and Dr. Halshall read some piece, and afterwards made a statement in reference to the absence of the artiste—I understood him to say that they had been prevented from appearing by accident, which was not the case—upon that Mr. Myers, who sat in a front seat, got up and made a statement to the meeting—he was perfectly sober, in my opinion—I was present till after Mr. Myers left, and I think I was there the whole time—I saw nothing abominable or disgusting in his conduct—he was not kicked or bounded—I saw him leave the room—it is utterly false.
Prisoner. Q. Was not the pianoforte removed on that evening, at your suggestion? A. I believe and hope so—I am quite certain I remained till Mr. Myers had gone—I am quite certain he walked out of the room—the audience did not rise and push him out, not was his hat battered—he went out of his own accord, after saying, "I cannot stop here and hear you say that the artiste are not here by accident, because that it not true"—he did not stay till the close of the meeting.
CHARLES HOPE . I lived at Westmoreland Road, Bayswater, last March—on 9th March, I joined Mr. Myers, about 2 o'clock, in the City, and had lunch with him—I went with him to the hall, and was present during a considerable part of the reading, not all—I was there till Mr. Myers left, he was not drunk, nor was his conduct such as in my opinion would induce people to suppose he was drunk—he was not guilty of abominable or disgusting conduct—I did not see him the whole time he was there—I came out in front of him—I did not see him kicked or bonneted while I was there.
Prisoner. Q. In what part of the hall did you stand or sit? A. When I went in I sat on the front bench—I did not retire behind the screen—I went home and returned—someone said to me, "I think your friend has been dining out"—I said, "No, I have been with him all day, he has been down to the Docks, and he only had a little wine"—I do not remember saying that he had mode a complete ass of himself, but if I did it was because I thought penny readings were not worth being excited about.
The pamphlet contained the following, "It may not be out of place to state that the editor of the "Bayswater Chronicle," a Mr. Myers, came to our meeting one evening in a state of intoxication, having, as his friend' informed us, been tasting wine at the Docks. After vainly endeavouring to disturb the meeting, the gentleman (?) conducted himself in a most abominable and disgusting manner, so much so that appeals were made to me from all parts of the hall to expel him, but being unwilling to do to I allowed him to remain; however, the audience violently expelled him, by sundry kicks and a good bonneting. This may be sufficient to account for the bitter spirit in which Mr. Editor discharges that which he has the audacity to term a public duty."
MR. CROOME did not press the first count, charging the libel to malicious
The prisoner, in his defence, read the different article from the "Bayswater Chronicle" which had provoked him to write the pamphled, and stated that the newspaper were sent to the different members of the readings; that
he was under great provocation when he published it but that he believed it to he the truth at the time, and wrote it in defence of his own conduct.
GUILTY on the second count—Recommended to by the Jury, on account of the provocation he received — Fined 10l., and be imprisoned till the fine be paid.
MR. HUNT conducted the Prosecution.
NOT GUILTY .
NEW COURT.—Thursday, September 23rd, and Friday, September 24th, 1869.
Before Mr. Justice Hayes.
863. EDWIN THOMAS EDGINGTON (29) , wilfully omitting, in his examination before the Court of Bankruptey, to disclose to the best of his knowledge and belief all big property, real and personal, with intent to defraud his creditors; and MARIA COX (35) , wilfully aiding and assisting in the misdemeanour.
MR. POWELL, Q. C., and MR. BESLEY conducted the Prosecution; and MESSRS. STRAIGHT and BROMBY defended Cox
ERNEST ROBINSON . I am a clerk in the Record room of Mr. Commissioner Bacon, of the Bankruptcy Court—I produce the proceeding of the examination of the bankrupt, Edwin Thomas Edgington, described as of 19, King's Place, Commercial Road East, and of 188, Pentonvills Road, auctioneer and estate agent—the bankrupt's petition is dated 21st December, 1867, and the adjudication bears the same date—on 16th January, 1868, the appointment of Mr. Francis Soddy as assignee took place—and on 6th February the accounts and balance-sheet were "filed—on 19th February there was a private examination of the bankrupt, and the same day of Mrs. Maria Cox—on 30th March a twelvemonth's cash account was filed by Edgington, dating from 21st December, 1866, to 21st December, 1867, several adjournments for examination took place, the last one being sine die—on 18th December, 1868, he was ordered to come up for examination and pay costs—another adjournment took place till 13th February, 1869—on 13th April there was a special cash account filed to explain the sum of 500l. paid to the bankrupt by Mr. Trelevan—then another adjournment took place until 5th November, 1869—ou 9th June, 1867, these is an affidavit as to the truth of his previous, discloures, which was sworm to by the bankrupt—he swore that he had given up all books, papers and so on, the necessary wearing apparel of himself and children being excepected—on, the same day Mr. Commissioner Bacon made an Order for Edgington to be taken before a Magistrate.
Cross-examined. Q. Is there an order to prosecute? A. Yes, but the woman is not included.—(The bankrupt's examination was hers portly read.)
GEORGE BROAD . I am now a wine merchant, of 14, Southampton Street, Strand—I am acquainted with Mr. Francis Soddy, the creditors' assignee—on 28th January, 1868, he gave me authority to go to the bankrupt, at 19, King's Place—I went there, accompanied by Messrs. Watson, Doley, Behenna and Spence—we saw him in his own private office—I told him I had come there by the authority of the trade assignee, which authority, had been drawn up by his solicitor—by that authority I was empowered to take possession of all goods, chattels, fixtures, furniture and effect—I told him
we had reason to believe he had money about him, and that we should have to take it from him by force, if he did not give it up quietly—at first he objected, but at length he allowed Watson to search his pockets—out of his breast pocket he took a pocketbook containing 60l. in notes, and from his trowsers pockets, 321l. 5s. 2d., in coin, making 92l. 5s. 2d. altogether—we took away no papers whatever, but retained possession of the premises, and everything that was there—we left Mr. Behenna, and another person in charge—we found a black leather bug, with several keys in it, and amongst them the key of an iron safe—on the night of 7th February, the premises were broken into by the bankrupt, and nine or ten books and all the loose papers taken away—I have seen them since, as they were produced before the Magistrate—a letter was left on the premises, by the advice of his solicitor, explaining the taking away of the boos—the place was broken open twice by the bankrupt; the first day we were there, and again on 7th February—before this he said that he had no books or papers—I saw him in possession of an iron safe, and a cheffonier—I was at a sale when they were bought in—I think the chiffonier was bought in for 30l., and the safe for 8l. 10s.—it was a sale by the bankrupt, a few months before the bankruptcy—I was never indebted to him at all.
Edgington. Q. After this transaction, were you not brought before Mr. Benson, at the Thames Police Court? A. Yes, you gave me in charge for felony; the Magistrate decided that as it had reference to money matters, he could not interfere, and the case must be sent to Clerkenwell Sessions, where the grand jury ignored the bill—I never purchased of you some property, on lease, at 188, Pentonville Road, or of you and Mr. James, jointly—the property came to me through Mr. Durant, my brother-in-law.
RICHARD BEHENNA . I am now carrying on the business of an auctioneer and house agent, in the same premises as those formerly occupied by Edgington—I have known him for nearly three years; and about a year before his bankruptcy I was in his service as clerk—he kept an account at the Birkbeck Deposit Bank—I have seen him fill up the body of the cheques—he ceased to keep an account there when Mrs. Cox began to do so—after this time I have seen him send up blank cheques to Mrs. Cox for her signature, and then they were sent down to him again—I was present in November, 1867, in Cannon Street Road; when the business of the coffee-house was transferred—the price was 60l. odd, which Edgington received in notes—he took out of his pocket a roll of notes, and placed the 60l. with them—he gave gold to the seller instead of notes—I saw amongst the roll of notes two or three for 100l. each, and several others were of various amounts—I was present at the Bankruptcy Court, on 17th December, the month afterwards, when the sale of the Barley Mow took place—Edgington acknowledged that he had made over 200l.—I said to him, "You have made a good day's work; how much have you made; I suppose about 200l.?"—he replied, "I have made over 200 quid'—on 24th December, 1867, I went to 138, Cannon Street Road, to a tobacconist's shop, occupied by Mrs. Cox, and which had been transferred to her by Edgington—I saw there the cheffonier, which had been in Edgington's office three weeks or a month before—he had an iron safe about the same time as the cheffonier—I agree with the last witness as to his statement with regard to our visit to Edgington's premises—I remember Edgington having a number of papers relating to changes of public and other houses, each paper showing the
nature of the transaction, the commission received, &c.—these paper must hare been taken away—he paid at least 3l. a week for advertisements, and half of that sum he received from clients—I remember his receiving 120l. from changes, a short time before his bankruptcy.
Edgington. Q. I believe you were summoned to the Court of Bankruptcy with reference to receiving some goods at the coffee-houses? A. Yes—I did not say that I did not know what the goods were.
Cross-examined by MR. STRAIGHT. Q. When did Cox first become known to you? A. On the taking the tobacconist's shop of Edgington—she paid him, I believe, about 100l. on the transfer—after that, I presume they formed an intimacy, as they were living together.
MR. POWELL. Q. Do you remember a conversation shortly after the bankruptcy, when he told you what profits he had put by? A. Yes—he mentioned the sum of between 700l. and 800l.—the conversation arose with regard to the money which had been taken from him in January, and he said that if they had come a little sooner, they would have had the whole lot.
BURTON CLOSE SLOPER . I am in partnership with the last witness—we occupy the premises formerly used by Edgington, and took possession of them in July, 1869—there was no good-will, the business not being worth anything, we only paid for the fixtures—I used to be employed by him as a sort of out-door clerk and canvasser, and received about 80l. per annum on an average—I did not receive as much as 150l. on the last year I was there—I have known Edgington pay 7l. or 8l. per week for advertisements—there was no advertisement-book kept during the latter part of my time—there was a small memorandum-book, in which he entered the cash payments.
Edyington. Q. Can you call to mind any particular two or three months, when there was more advertising than usual? A. No—I think, for the last month, there was none done at all—I cannot recollect the date when Mr. Trelevan's partnership commenced—I cannot say whether there was more advertising done at that than at any other time, as I had only just come to you—I believe there was more advertising after Mr. Tre Jevan entered into partnership—I attained the exchange of the Perseverance, in the Commercial Road—I think there was a loan of 70l. on that from Woods, the brewers, of Westminster—I do not recollect whether Mrs. Cox advanced you 70l. for the purpose of transferring that lease.
SAMUEL LUCAS RABAN . I am an accountant, and have known Edgington since 1864—I knew him on the occasion of his first bankruptcy, when, to the best of my belief, he carried on the same business—I remember some proceedings taking place in the Court of Queen's Bench, before Master Unthank, shortly before the prisoner's second bankruptcy—I met him afterwards in the Mitre luncheon room—he then had some money in his Possession; bank notes, and probably a little gold—it was after his return from the Court, when he offered some remarks of a braggadocia character—he said, "I don't care, I have got plenty of money; I can defy them, and can be a bankrupt"—I do not pledge myself exactly to the words he used—I was informed that he had money previously to his being searched, and when the 92l. was found upon him, I confess I thought he had a great deal more than was taken from him—I heard, from a certain party, that he had money, and I gave information according to my belief—I had seen money in his possession since we met at the luncheon bar—I have seen bank notes to possession within six luncheon of the present time—I believe at his
first examination I suggested that he should be questioned at to what money he was possessed of, and searched there and then—I thought, from the information I had received, that he had money about him to a considerable amount—he never mentioned any sum of 800l. to me.
Cross-examined by MR. STRAIGHT. Q. Are you subpoenaed on the part of the prosecution? A. Yes, and was examined before the Magistrate.
Edgington. Q. I believe you lived at St. John's Wood about the time you saw me at the Mitre in Fleet Street? A. Not then, I do now—I remember your coming to borrow 3l., which I lent you—I did not see the value of the notes at the Mitre—I remember requesting Mr. Burns to lend you 9l., and I should not have taken the trouble to do that if I had thought that you would not pay me back. (Edgington's cash account, for twelve months, was here put in.)
MR. BRETT. I am an accountant, and have before me the accounts filed on 30th March—I find under the heading of June, 1867, an entry, "Received of Mr. Trelevan for purchase of partnership, 500l."—under the heading of June, 1869, there is an entry of 100l. paid to Mr. James—under the head of September another 100l. paid to Mr. James—under the date of August, 1869, he is charged with a payment of 125l., to Mr. Francis and Mr. Lawes—under the head of December 1867, there is a payment to Lightfoot & Co. and Gordon & Co., pale ale brewers, 84l. 10s., "For stock supplied to me at the Barley Mow"—I find also a closed account, charging Sloper with having received 26l. commission during twelve months, and 125l.; making 151l. in that time—since these proceedings I have had possession of the vouchers for advertisements, and I found that the amount paid for four months, during 1867, was 60l. 7s.
THOMAS MORGAN JAMES . I am a surveyor, of Bell's Chambers, King's Cross—in the year, 1867, I received 100l. from the bankrupt for the house of premises in Fleet Street—I only received that sum—I received 300l. for a house in Pentonville Road, but I cannot recollect the date.
Edgington. Q. Do you recollect receiving 100l., as deposit, on the Pentonville Road property, when we were together in the Prince of Orange, Frederick Street? A. No, the only 100l. I received was in respect to the Fleet Street property—there was no written document as to that property drawn up at the Hong Kong, Commercial Road—the deposit you paid for the Pentonville Road property was about 60l., but none of the money was received in 1867—I cannot exactly remember the date—I might have received 40l. on another occasion, making the deposit 100l.
COURT. Q. When was this? Previously to 1867—the transacation was completed before that year.
Edginton. Q. From whom did you purchase the cheffonier that you had seen at my office? A. From Mrs. Cox—I gave her 15l. for it—the value of it was not more than 10l. or 12l.—brokers have large sums passing through their hands, but they get merely a trifling sum by way of commission.
ALBERT KING . I am manager to Messrs. Lightfoot & Co., brewers, of Oxford Street—we have supplied beer to the Barley Mow, Cannon Street Road, for many years—the Barley Mow has passed through the prisoner's hands five times within, I should say, a year and a quarter—it is not tree that he has paid to Lightfoot & Co. 84l. 10s. for stock supplied there—he may have paid 7l. or 8l. for a small quantity of beer which he had during
about three weeks of 1867, when he was in surreptitious, not actual occupation; that is all the money we ever had of him.
Edginton. Q. I Did you ever know me in possession of the Barkley Mow except that once? A. No—we have a loan of 180l. on the house—that loan was repaid by transfer—our claim, altogether, is 210l. 13s. 9d. that it, loan, interest, and book debts, including the 180l.—I recollect a change from Barnet to Sayers, on 17th December, 1867; a gentleman from Messrs. Gordon & Co., the distillers, was present—Messrs. Gordon's loan to the incoming man was 70l.—they are not the same as Gordons, the ale brewers—I know nothing of Gordon & Co.—I know of the loan of 70l. by my books, because I attended the change, and took a copy of the accounts you never had the Barley Mow at all; you were in possession, but how you get there we do not know.
MR. POWELL. Q. Was this loan of 70l. a mere transfer from one person to another, nothing to do with this transaction? A. No.
THOMAS HEADLAND WILSON . I represent Messrs. Gordon & Co., pale Me Brewery, Caledonian Road. Edgington did not pay us in 1867, 84l. 10s., or any other sum for stock supplied to the Bailey Mow—we never did business with him he never paid us any money and we never supplied pale ale to the Barley Mow—I am manager of the firm.
Edgington. Q. Do you know any other Gordon & Co.,? A. I Not pale ale brewers; there is a Gordon, a distiller, I believe his name is Charles.
HENRY BARNETT . I am landlord of the Prince Arthur, Battersea park—in July, 1867, I saw this advertisement (produced) in Lloyd's paper, about a public-house—I went to Edgington, at Commercial Road East—I called his attention to it, and he assured me that it was genuine, and so did Stracy, who I found in the house—represented Stracy as the vendor, and Stracy showed me a book of takings, but, I never could get a sight of it afterwards—he told me that he, had a house of his own at Bow, and he was told by the superintendent that he must give up one or the other—the end of it was, that I took the house, and paid him 600l. with the loans, which were allowed to be continued—I paid 200l. cash, and about 100l. for a lease, which I gave up to Straey—my, first month's takings in the house, was 30l., not 150l., as stated in the advertisement, and the next month was 36l.—was there between two and three, months—I saw Elgington several times, and said that he must sell it again, for I could not get, anybody to take it up—he gave me 400l. for it, and I left the license in his hands—that included the loans, which were the same as I took them, 300l—I got 100l., but there was rent and taxes to come out of that, which left me only between 60l. and 70l., so that I was out of pocket altogether, over 360l., with the expenses of going in and out.
Edgington. Q. I believe you bought this Barley Mow, or rather changed it for another house with, Stracy? A. Yes, he took it on his own account—you were merely the broker—I entered, afterwards, into a private arrangement with you, for you to purchase my interest in the home—I have not got the statement of that transaction—I do not know where it is—I have had to shift two or three times, and have lost a good many papers—the statement was made out by you—you gave me 400l. for the house; including everything, it Was net 450l.—you gave me between 60l. and 70l. in cash—there was 300l. in loans, altogether—the 400l. included book debts, and everything—you paid me 62l. for possession—I was present when Mr. Sayers purchased the Barley Mow of you—I never heard what he gave for it; I do
not know whether it was 500l.—I sold it for 400l., including the debt—some things which I had not ordered were transferred to me, by Stracy—he given bills for spirits which were in the house when I took it—I was the transferrer to Sayers, but I never heard what he was to give for it.
THOMAS MORGAN JAMES (re-examined.) Since last night, I have examined, and I find that the transaction with the Pentonville Road was concluded in October, 1866—from that date to 21st December, 1867, I received no sum of 100l. from the bankrupt in respect of it.
COURT. Q. What was the last payment; what settled the matter? A. About 260l., I received in October, 1866, to settle it—there was no payment to me of 100l. in 1867—there was a mortgage of 100l. on the property.
Edgington. Q. You admitted, last night, that I paid you 60l. in cash; did I pay you another 100l. in January, 1867? A. Not to me—when you bought the house, there was a mortgage of 100l. on H, to the Excelsior Building Society, and I attended with you and Mr. Durrant, who was a partner at that time, to pay that 100l., which was in consideration of the purchase-money—you bought the place for 460l.—the mortgage of 100l. was left to remain, and you paid me 360l., that was all I was entitled to, and in 1867, you paid the 100l. off—I sold the property afterwards, to Mr. Broad—I do not think I was present at the transfer—you paid me the deposit before you were in partnership with Durrant, but it was the partnership which bought it.
MR. POWELL. Q. Who did he afterwards sell it to? A. To Mr. George Broad—I do not know what for—I went with him to pay the 100l.—I have never been questioned about this before—I never, before this morning, made a statement about attending with him when be paid off the mortgage of 100l.—it was paid off, and I was released from it at the time.
Cross-examined by MR. BROMBY. Q. To whom did you pay the money for the cheffonier? A. Mrs. Cox—I bought it of her, as her property, in 1867.
MR. POWELL. Q. Can you give us the month? A. I cannot—I think it was before Edgington's bankruptcy—I bought it at the latter end of 1867, before Christmas—I believe I had it at Christmas, 1867, in my home—I knew Mrs. Cox perhaps twelve months before that—I did not tell her she had better get rid of it—she came to me to try and sell her tobacconist's business in Canon Street Road—she sent to me by a gentleman she knew, Mr. Burn, and said that she wanted to sell a cheffonier, and I went and saw it, and bought it, because I liked it—I had spoken to Edgington about it, and he to me—I knew it had been his, because I happened to be at the sale where he bought it—he bought it in at 30l.—that was a considerable time before I bought it at 15l—I had seen it at Edgington's a great many times—I was not present when Cox bought the things of Edgington—she had a receipt for it, which I saw, to show that she had purchased it of Edgington—Edgington recommended me to buy it; he knew I liked it—he was present when I bought it of her.
MR. BROMBY. Q. Did you buy it for your own use? A. Yes—I have it now.
Edgington. Q. Were you present at the sale when I bought it? A. Yes—your partner, Mr. Durrant, was present—it was not worth more then 8l. or 10l.; it was run up purposely—I will take 10l. for it.
—FRANCIS. I am an auctioneer, of 7, Old Bailey—I am acquainted with Mr. Law, and acted for him in on carrying on negociations for a partnership
with Edgington—the sale of the partnership from Edgington to Law was completed on 18th May, 1867, and there was an agreement made—I think 300l. was the amount paid on behalf of Law, to Edgington, for taking him in—50l. was the cash actually paid over by Law—the remainder was in bills—I understood that Mr. Durrant, Edgington's partner, was to retire—I paid the 50l. by two cheques, of 25l. each, on behalf Mr. Law—one of those cheques was drawn by George Baker, and was dishonoured—I then drew a cheque for 25l., with Durrant's name upon it, that he might endorse it—the first cheque was dated 18th May, and the second the 26th.
COURT. Why was the 50l. divided into two cheques? A. I made a loan to Mr. Law of 25l., and a friend of his, named Baker, lent him 25l. in a cheque—the two were put together on the afternoon of the same day—Mr. Baker's cheque was dishonoured, and I substituted my own for it—I handed the two cheques to Edgington—I presume the receipt is on the agreement which was handed to the purchaser—I treated both with Durrant and Edgington.
MR. BESLEY. Q. Did you know of Edgington's deed of composition? A. I know he made one—after that I negotiated a termination of the partnerhip with my friend Mr. Law—Edgington paid me back the 25l., he repaid me 210l. on behalf of Mr. Law's account, 50l. for cash advanced, 30l. for my commission, and 30l. for legal expenses incurred in the Court of Bankruptcy, to overthrow the deed, for contesting his deed in bankruptcy.
Edginton. Q. Was not the amount I paid you 125l.? A. No, 110l.; I am sure of that—I paid the 50l. to you, not to Mr. Durrant, but I think he was present—the transaction, was very confused; I could not say whether he was selling his share of the business, or you were selling yours; but afterwards I found out that Mr. Durrant never seceded from the business during Law's partnership—he was in partnership with you at the time—I could not tell whether he was selling his share to Mr. Law—I drew up an agreement between Mr. Durrant and Mr. Law.
JOHN WATHAM . I have been assistant clerk in the Trust Deed Office in the Court of Bankruptcy—I produce the papers, and a deed between E. T. Edgington and his creditors on 13th June, 1867 (This agreed to pay in the pound in the following September. A deed was also put, in, bearing the seal of the Court, and dated 28th March, 1868, between Mary Com and two of her creditors, agreeing to pay 2s. in the pound, if dreamed at the expiration of six months).
SAMUEL WESTON . I am a clerk to the Birkbeck Deposit Bank—Edgington opened an account there on 20th May, 1867—I produce all his cheques—there is now a balance of 1s. 10d. left—Mary Cox opened an account on 17th February, 1868—I produce her cheques—the writing in the body of them differs from that of the signature; that is, the body is the same writing as the body of Edgington's cheques—I produce the paying-in slips of both accounts—I believe them all to be in Edgington's writing—there is no payment by Edgington, to his credit, of 500l. from Mr. Treleven.
ROBERT PACKMAN (City Detective Sergeant) I took Edgington—I attended the Police Court on 10th July, and saw Mrs. Cox there—I think I heard her directed to attend on the adjourned examination—she attended and I think she was a witness on the second occasion, but the third time she was not there—after that, I got a warrant, and went to the place where she and Edgington had been living, and she was gone—I did not find her till 12th August, when so was taken at 41, Storey Street, Caledonian
Road—in the course of the examination Mr. Parks, the solicitor, produced eight or nine books—these (produced) are them, I believe—among other things, I took from Edgington's office the vouchers for advertisements which his accountant has spoken of.
FRANCIS SODDY . I am a draper, of Tamworth Row, Great Dover Street—I was appointed creditors' assignee; there were no good debts to get in; it was all cash transactions, paid at the time; these books do not refer to them, that I can see—I never saw a farthing of the 220l. good debts mentioned in the balancesheet; the only assets I received were 92l. 10s., taken from Edgington, and 10l. for some fixtures, but no money—by these accounts, which, he filed in March, 1868, I was assignee, and he gives a balance of 21l. 15s.; he did not pay that to me.
Edgington. Q. I believe 150l. of those good debts are put down to Mr. Broad? A. Yes, he is no relation of mine; he says that he never owed you a farthing—I did not apply for 25l., due from John Aahby, but a writ has been issued against him, and he cannot be found—the bills which I sued you for I cashed for Mr. Broad; they were acceptances of Durrant & Edgington—there were eight or nine adjournments in bankruptcy, and when the Commissioner ordered you to be prosecuted, I acted under his instructions—Mr. Broad proved as a creditor on the bills given by you—these books were at your office; they were not concealed; they were taken pos-session of and allowed to remain there till you took them away, shortly afterwards, and then I did not know where they were, for a time, till you wrote a letter—they were kept from us—we applied to Mr. Parks for them—he had them for you—I never went to Mr. Park's office—I was committed for trial, with Mr. Broad (That Bill was ignored by the Grand Jury) I have never been locked up.
MR. POWELL. Q. Do you know that the cage was postponed in bankruptcy in consequence of his not filing accounts, or forging the costs? A. Yes, he has not passed his examination yet.
THOMAS DURRANT . I was examined as a witness for the prosecution, it Guildhall and was bound over to appear here—I do not know why I have not been called to-day—I do not know that I induced you to accept any bills—300l. or 400l. in bills was paid to me instead of money as a consideration for my going out of the partnership, but I never realized anything—I had paid 250l. or 270l., to go into the partnership, and bills making it up 500l.—I believe the bills were destroyed—the partnership lasted a very short time—I arranged to go out, and received between 300l. and 400l. in bills from you as a consideration for going out, a sort of return for what I had paid, but they never realized anything—I cannot remember what the other bills were for, it is three or four years ago—they were not merely given for my convenience—I am an auctioneer and public-house broker—the broker between the parties generally holds the deposits and transfers—I have known you hold large sums of money which you had to refund at the time of the change—the broker is the stakeholder between the parties—he stops the amount and pays the balance to the vendor—I do net remember seeing any fraudulent business carried on—the advertising would cost from 3l. to 6l. a week, and I have known you pay 9l.—6l. a week would not be out of the way for the average of twelve months—I pay about 300l. a year for advertising, independent, of expenses, and the going back-wards and forwards would no about 150l. in addition—I was with Mr.
Fisher after I left you—I think I sent you five cases of wine at the time you had the Barley Mow—no doubt that was paid for in ready cash, as I have 110 charge against you—I was the auctioneer, and told all the things—the cheffonier and safe were bought in because we had a solicitor's notice that they were not included in the purchase—they were bought in at a very large price, that they should not; be sold—there was a great deal of excitement; you ran about the room saying, "I will bid the most for that cheffonier," and everybody opposed you, and that was how it came to be lucked down, to you at 80l.—I should not have given one third for it, and the wife the same—there was no key to it, and nobody knew the contents—I think it was bought in at 3l.
COURT. Q. Were you in partnership with him at this time? A. Yes—he always kept these things in his possession, because he said there was a legal claim against them—solicitors letters, and a great deal of correspondence passed about them—I think the sale was in 1866.
Edgington. Q. Do you recollect going with me to the office of the Planet Building Society, with reference to James's mortgage? A. Yes, I paid the 100l. to the solicitors of the Planet building society, Bolton & Co.—he, bought the property, and you had to pay his debt—James was the owner, and had borrowed 100l. of the building society, and you bought the property for 475l.—you paid 100l. less, as you had paid the Society 100l.; they would not give up the security till you had done so—the claim was made some time in 1867—the solicitor claimed these two articles on the part of Mr. Boyd's representatives, and I was afraid of selling them in case an action should be brought, and so I bought them in—that claim was never enforced, as I believe the party was drowned—Mr. Broad, the purchaser of the Pentonville property, is my brother-in-law—I think we sold it of him jointly, for something between 300l. and 400l.—I received two or, three sums of you after I separated from you—I remember you handing me a cheque of Mr. Baker's, for 25l., it was dishonoured, and I sent it to Mr. Francis, by whom another cheque was paid to me in lieu of it—I received 25l. of the 50l. paid.
Cross-examined by MR. POWELL. Q. Did you wish to sell the cheffonier? A. No, having received notice from the solicitors, but we wished to pass it through the sale; many things are passed through a sale, to make the sale look better—it was a nice article in the catalogue—everything which was advertised was passed through the sale—I have no means of verifying the date of the payment of 100l. to the building society—the sale of the wine was about July, 1867—I had a sale at Spitalfields at the same time—the amount was about 20l., as far as I recollect—I joined him about August, 1866, and left him in 1887; or it might be in 1866; I do not re-member whether it was a month or two before the new year, or a month or two after—these payments I speak to relate to the period I was with him—the payment for advertisements, during the two months I was with him, averaged from 3l. to 9l.—the entries for advertisements were put into an expenses-book; I did not say in a cash-book before the Magistrate, I said, "in a book"—there is a book which would tell the amount paid for advertisements—how do I know where it is?—there was a book in which when we paid anything out of our pockets) we put it down, generally at the end of tae day, or the second day.
Edgington. Q. Would it contain anything like a correct account of the business of the office? A. No, it would contain the amount paid out for
advertisements—I do not recollect taking it away with me when I went, or showing it to Mr. Trelevan a month afterwards—I have not got it, and do not know where it is—it is of no use to me; I would give it to you if I had it—I have not seen it for years.
MR. BROAD (re-examined). I received my conveyance from the building society, in September, 1866—that was not till the mortgage was paid off—I have the receipt—I held the property at Pentonville as collateral security—the bills were not met, and it was agreed with Mr. Durrant that the property should be conveyed to me, and I got my conveyance in September, 1866.
THOMAS WILLIAM PARKS (Examined by Edgington). When Mr. Broad first took the property, there was, I believe, 100l. mortgage upon it—I believe that was afterwards paid off; but I was not present—I have not heard of it since; but it would not necessarily come to my knowledge.
COURT. Q. I presume Mr. Broad would not receive his conveyance till it was paid off? A. I am inclined to think there is a mistake in the dates—I know there is a mortgage 'of 100l. to the building society, and I know it was paid off—I cannot say when; but I believe it was in 1867—I think Mr. Broad is mistaken in saying it was in 1866—I do not know who it was paid by.
Edgington. Q. I believe you were acting as my solicitor? A. I have acted so—I received a number of books, and papers after the bankruptcy—they have been produced, from time to time—I never refused to produce them—all the books I have received I have here now, except some blank ones—there were three or four partners in one year, and all the transactions were entered in these books—there were no separate books—I have kept these under lock and key—you never gave me a set of statements, I know nothing about them—you asked me, just before the bankruptcy, if you would be allowed to sell what little property you had, for the expense, and I told you that out of your estate must come the necessary expenses—I told you that from 10l. to 20l. was necessary—I do not know what furniture you sold; but you paid me some money—I heard Behenna examined in the Bankruptcy Court; he certainly did not give a clear account there—his evidence was taken down in writing—I told Mr. Commissioner Goulburn that the books and papers had been handed by you to me, as partnership books and papers, and I ought to have the order of the assignee and partner; but that I was willing to deliver them, if the Commissioner made an order, which he declined to do.
MR. STRAIGHT. Q. Have you known the female prisoner some time? A. Yes—I know nothing to the contrary as to her being a respectable woman—the cheffonier and safe were on the premises of a person named Boyd, who died insolvent at Christmas, 1866, and with no relations in this country—the landlord distrained, and they were purchased at the condemned price by Edgington and Durrant; but the cheffonier was not sold under the distress, it was reserved; and I retained the key of the safe untill somebody administered—the safe was actually claimed by a solicitor named Ray, acting on the part of the administrator—I gave up the key to him, and have his receipt for it—I do not know whether Edgington sold the safe to Mrs. Cox.
Edgington, in his defence, stated that if he was allowed to put Mrs. Cox into the box, she could prove that the 92l. found upon him was not his own money, but hers, which was the reason he did not enter it in his cash account;
that the prosecution was caused by Mr. Broad and Mr. Soddy, in revenge for his giving them in custody; that Mrs. Cox purchased a tobacconist's business, and employed him to manage it for her, which he did, and advised her to open a banking account; and upon his being arrested, the assignees got her locked up, that the should not give evidence for him. He referred to the accounts, and stated that they were substantially correct, and that Mr. Behenna had deliberately perjured himself; that as to being in the possession of money, he often had 300l. or 400l. at a time, and only got 15l. or 20l. commission out of it, and the 125l., which appeared in the accounts instead of 110l. paid to Mr. Francis, must either be a mistake of his or of the accountant.
EDGINGTON— GUILTY of concealing the property, and of not making a due disclosure of his effects — Eighteen Months' Imprisonment.
COX— GUILTY of aiding and abetting him. The Jury strongly recommended her to mercy — Three Months' Imprisonment.
THIRD COURT.—Friday, September 24th, 1869.
Before Mr. Common Serjeant.
864. ROBERT WILSON BROOKES, (29) , 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. POLAND and LEWIS conducted the Prosecution; MR. STRAIGHT the Defence.
JOHN CHARLES AUSTIN. I am usher at the Court of Bankruptcy—I pro-duce the original proceedings in the bankruptcy of Robert Wilson Brookes—the petition for adjudication was made by Messrs. J. and R. Morley, of Wood Street, on 16th Aprils—there is also a certified copy of the bankrupt's estate, signed by him, and also a copy of the declaration of insolvency by him—the first meeting of creditors was held on 3rd If ay, at which Mr. Bailey, of Wood Street, warehouseman, was chosen assignee, and Mr. Baggs, of King Street, appointed manager of the estate—on 10th May, a private meeting was held; on the 16th another meeting was held for the examination of the bankrupt—here is his examination, signed by him—on 4th June, he filed his statement of affairs, and on the 15th he applied to pass his last examination—that meeting was adjourned till 13th August—there is an order on the proceedings that the bankrupt should file in account of the debts and items of his dealings with Messrs. Wolff and Farish and Mr. Johnson—he was also directed to give the address of Mr. Johnson and specify from whom various goods had been received, and particular of the bills and invoices—he has not filed such amended account—he applied again on 13th August to pass his last examination, but as the accounts were not produced, the meeting was adjourned sine die, with, liberty for him to apply again.
Cross-examined. Q. That first account was what is called the ten days' account, was it not? A. No; that is the first thing the bankrupt does—it is very often inaccurate, and that accounted for the order being made for the further goods, cash, and deficiency account—on 15th June, Mr. Commissioner Winslow made that order, and he was to file the account ten days before 13th August—that was not done—on 22nd June, the order to prosecute was made by the Commissioner—that was before he ought to have come up with his account.
ALFRED FORD . I am clerk to Messrs. Reed, Phelps and Sedgwick. solicitors for the prosecution—I was present when the defendant was examined at the Bankruptcy Court—a transcript of the examination, made by Mr. Barber, a shorthand writer, was given to the defendant, to read over and sign—he acknowledged it to be accurate before Mr. Registrar Rochements the defendant was represented by Mr. Preston, a solicitor—I have the documents here that are referred to in that examination—as they were shown to the defendant, and spoken to by him, I marked them and passed them over to the registrar, and he signed them (The examination of the bankrupt was put in and read)—I have a letter of 24th March, signed by the bankrupt, was his handwriting, (Read: "24th March, 1869. To Messrs. Hugh Jones and Co. Gentlemen, I must apologize for the delay in answering yours of the 11th. When I opened the account with your firm, I stated that I wanted the black silk to supply several customers, who were undertakers. Trusting the explanation will prove satisfactory, I am, yours truly, Robert W. Brookes.")
ALEXANDER JACK . I am manager of the shirt department of Messrs. J. & R. Morley—I had a conversation with the defendant, when he came about some Horrock's—he had been buying long cloths for some time before that—they had been sent in the ordinary course of business—I said, "You are buying a large quantity of long cloths, Mr. Brookes!"—he said, "Yes"—I said, "What purpose do you use it for?"—he said, "I sell it for charity, to a clergyman, in Spitalfields, and he pays me every three months"—I said, "I don't think that the cloths you are buying are the most suitable for charitable purposes; they are not what is generally used for such purposes; there are other cloths that would be more suit-able for poor people"—he said, "They won't buy anything else but Horrocks'"—I raised no further objection—Horrocks' cloths are marked on the outside flap, and also at the extreme end—this occurred about the end of January or the beginning of February, between 4 and 5 o'clock in the afternoon—Horrocks' cloths are sold at fixed prices—all the commercial world knows what the prices are—the terms of our house are 2 1/2 per cent. discount, or a four months' bill.
Cross-examined. Q. Have you been some time in Messrs. Morley's employ I A. I have—I have managed the shift department for the last two years—I am sure the prisoner was the person I had the conversation with—I have known him six or seven years, and have supplied him with goods a long time—I knew where his shop was—I have called there, and asked if he wanted articles—he had dealt with us for some years.
MR. POLAND. Q. You had the conversation with him in consequence of his buying such large quantities of long-cloths? A. Yes—I was satisfied with his explanation, at far as I was concerned, and sold the goods—he did not give me the name of the clergyman.
THOMAS JOHN IRONSIDES . I am manager of the silk department, at Messrs. Hugh Jones & Co.—on 3rd November the defendant ordered some black-edge gros-grain silk—he came to me and asked if we kept that silk—he said he asked the question first, because it was no good going to the counting-house to open the account unless we kept that particular make of goods—I said we did, and he gave me an order for silk, to the value of 5l.—that was delivered and paid for—on 15th February, this year, he came again, and asked if we had any more of the same silk—I said yes, but that the price was advanced a penny a yard, and I could not supply him for less—he said that he should have to consult his customer, and would let us
known in the course of an hour—he went away, and returned in a short time' and decided to take the silk, and he then purchased four pieces, altogether 376 1/2 yards, amounting to 42l. 7s. 3d.—that was sent in the regular way—it is a silk used especially by undertakers.
Cross-examined. Q. I believe the 50l. transaction was the first you had I with him? A. Yes, he came in as a customer, in the ordinary way, and I referred him to the counting-house—it was not until 15th February that I saw him again—I do not know that a bill was drawn on him on 1st March.
SAMUEL HORRELL . I am manager to Messrs. H. E. & M. Moses, of Monkwell Street—on 18th January the prisoner called, and we sold him some Horrocks', as per invoice marked "B," amounting to 6l. 3s. 2d.—he said he wanted the goods very particularly that evening—I have the book here, where I made the entry—"Wanted to-night, certain"—on 3rd February he came again for fourteen more pieces of Herrocks'—he wanted those in the same way—my employers would not send them, and they were taken back into stock—we are now creditors of the bankrupt.
SILAS WILLIAM BAGGS . I am an accountant, at King Street, Cheapside—I was appointed manager of this estate on behalf of the creditors—I had I previously attended a meeting of creditors—the defendant was present at the adjourned meeting, on 16th April—he was not present on the 5th—a preposal was made for composition, which the creditors refuse to accept, and they determined to prosecute—I have received from the bankrupt various invoices—I also had his books to go through the accounts—the account which he filed gives the amount of his total liabilities at 2451l. 0s. 6d.—that is made up of creditors unsecured 2235l. 0s. 6d.; 160l. secured creditors; 56l. for creditors paid in full—on the other side, the total assets are 1124l. 6s. 4d., leaving a deficiency of 1326l. 14s. 2d.—the 1124l., 6s. 4d. is made up of book debts, 3l. 10s. 11d.; property given up to the assignees, of the stated value of 545l. 15s. 5d. consisting of stock in trade, 465l. 15s., 5d., and house-hold goods, furniture, and other items of a similar character, 80l.—there is also property in the hands of the creditors, consisting of the lease and policies of insurance, 575l.—the lease was for seven years unexpired—I have endeavoured to realize that, but have had no offer over 125l., including the furniture, which, at present, we have declined to accept—the goods were sold at a discount of 52 1/2 per cent, and realized 206l. 11s. 7d.—the total assets realized up to the present time are 238l.—the only assets left to In revised are the lease and the policy of insurance on his life—they are held by the creditors—one is to the value of 50l., and the other 25l.—amongst the list of creditors filed, are J. & R. Morley, 512l. 5s. 11d.; Hugh Jones & Co., 41l. 6s.; H. E. & M. Moses, 63l. 11s. 5d.; Truman, Hitchcock & Co., 52l. 8s. 8d.; Winstanly & Wood, 85l. 0s. 11d.; Welch, Matgetson & Co., 98l. 6s. 2d.; and Roche & Co., 295l. 9s. 6d.—those sums are included in the invoices that have been produced—the goods are not paid for—the London and County Bank are creditors for 500l., for money advanced on the father's security, between the years 1865 and 1869—I have examined the defendant's books—there are no entries in them of sales to Wolff and Farish—there are no entries of purchases in the books—only the invoices were handed to me—they were net entered up—I have made out an account, showing the amount of goods obtained by the bankrupt from 1st January up to the bankruptcy—the purchases are 637l. 13s. 4d.—that is the amount of the invoices handed to me—the sales during the same period are 208l. 2s. 10d.—the sales in the shop, over the counter, are entered in the books.
Cross-examined. Q. When were you called in? A. On 5th April—the first meeting was held by the creditors themselves—the prisoner was not it that meeting—I saw him on the 16th—he was not represented by a solicitor on that occasion—I advised him to see his solicitor before the meeting—the composition was offered at the meeting—I did not tell him I would do everything to assist him—he intimated to me that he was going to see his father, to see what could be done in the matter—I have been told that the loan of the London and County Bank has been paid by his father—the creditors hold no security except bills of exchange—there were two policies of insurance—the prisoner delivered up the invoices to me—he gave me all the information he could, as far as I could see—it was from the invoices he gave me that I prepared the balance sheet—he left the meeting on the 16th, for some purpose—I don't know whether he went to his father then—I had nothing to do with filing the petition.
MR. POLAND Q. How much altogether did the prisoner receive from Wolff and Farish? A. I can't tell—the 500l. to the London and County Bank, is included in the 2450l. as part of the unsecured—they appear as creditors to that amount. (The following letter was here read: "11th March, 1869. To Mr. R. W. Brookes. Sir, Our Mr. Moorhouse called upon you this morning respecting the silk purchased, to explain to you that we should like to have particulars of your means before increasing the account, as we are not in the habit of supplying silks to hosiers, and we do not understand what they are required for. Yours, &c. Hugh Jonas, & Co.")
GUILTY—Recommended to mercy by the Jury and Prosecutors. Four Months' Imprisonment.
Before Mr. Justice Hayes.
MR. LEIGH conducted the Prosecution; and MR. LEWIS the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. LEIGH conducted the Prosecution.
HESTER PARTRIDGE , I am single, and live at 16, Upton Street, West Ham—the prisoner was in my service for about a month—on Saturday, 14th August, I went to London, and left her in charge of the house—I returned the same evening about 8 o'clock—I found all the drawers turned out, and the prisoner gone—she had not given me any notice—I missed a gold watch, a chain, a key, three rings, brooch, and earrings, and a purse containing a half-sovereign, and various articles of clothing to the value of about 30l.—I have seen the greater part of them since, and have identified them—on the Tuesday following I received a letter from the prisoner, stating that she had sent some of the things back, but I did not receive them—there was no address to the letter.
Prisoner. I took the things—I did not intend to keep them—I was going to send them back again.
—on 20th August I received information, and went to a beer-house near Bury, which is kept by the prisoner's mother and grandmother—I saw the prisoner there—I told her I was in pursuit of a young person going in the name of Caroline Hewetson, and I supposed that she was the person—I then read to her a list of the articles that had been stolen—she said, "Shall I be tried at Bury"—I said, "No"—then she said, "I have not got the things"—I said, "Well, I intend to search the house, and you can give me as little trouble as you like"—she said, "I will tell you where they are"—she took me up stairs and produced the greater portion of the things, I which the prosecutrix has identified—I found some of them at Alpheton, some distance off, and some she was wearing.
COURT (to Hester Partridge). Q. In what name was she with you? A. Caroline Hewetson.
GUILTY— Judgment respited.
MR. RIBTON conducted the Prosecution.
HENRY CRADDOCK . I am a letter carrier, living at 7, Swinbourne Road, Upton—on 1st September I saw a light in Emanuel Church—Corner was With me—we went to the church, and saw Smith standing still, near a broken window—I then went into the church and saw Johnson concealed under one of the pews—several of the window panes were broken—the iron bars that went across were taken down—there was a hole big enough to admit the body of a man—a silk scarf was picked up close to where Johnson was lying down—the knob had been wrenched off the iron safe, and was lying close by, and a large street door key was lying by the knob—this (produced) is the scarf, it belongs to the Rev. G. W. Meggy, the curate of the church—I hung it up in the vestry the previous morning—they would have to get over a fence to get where they were—the gates were all locked.
HENRY CORNER . I live at Chapel Street, Forest Gate—on 1st September I went with the last witness to the church—I saw a light there first—I went and fetched a weapon and came back—I saw Smith standing outside the church, behind a pillar—we secured him, and took him into the church with us—I was looking in a different part of the church to Craddock;—I saw Johnson in the church afterwards—when I found Smith I stood over him with a spade in my hand, and told him if he moved I would knock him down—he said, "Don't hit me, I will stand quite still"
JAMES KIELY (Policeman K 409). I was in the Romford Road—I was called, and went to the church—I found Smith outside, with Corner standing over him—I took him into custody—I went into the church and saw Johnson concealed under one of the pews—he said, "You have got me; I am glad of it"—I found this scarf about two yards from him—the window was broken large enough to admit a man—Johnson said the scarf was all that he had taken—I asked him if he knew Smith, and he said, "Yes"—Smith said nothing.
Johnson. It is false that I said, "That is all I have taken,"
MICHAEL CARRICK (Policeman K 308). I received Smith into custody, and searched him—I found on him four handkerchiefs, a box of collars, and a sack marked "E. W. Sergeant"—I afterwards went to the church, and found this lead, and a box of matches.
Smith's Defence. I was coming from Ilford—I heard a man calling set "Thieves;" I went into the churchyard, and as I got near the window the man came up with a spade, and told me he would "knock me down if I moved;" a policeman came up, and he gave me into custody.
Johnson's Defence. I saw a crowd going down to the church, and went in with them; the policeman came up and took me.
SMITH— NOT GUILTY .
JOHNSON— GUILTY *— Twelve Month's Imprisonment.
Before Mr. Common Serjeant.
EDMUND COLE . I keep the Travellers' Friend, at Woodford—on 21st August, about 10 o'clock, McLein came to my house—Ellen Smith served him with a half-quartern of gin, which came to 2 1/2 d.—he gave her a half-crown, which she passed to me, and I doubled it up directly, so that he should not pass it again—he asked me to give it back to him—I said, "No"—he asked me for a piece of it—I said, "No"—he paid me with a florin, got the change, and left—I informed the police—he was brought back, and I gave him in custody, with the half-crown; this is it.
JOHN ROBERTS (Policeman). I found McLein, about 10.15, standing by the side of a ditch, by the road side, about 120 yards from Mr. Cole's—a man was with him, who I believe to be Johnson, and who walked away—Jervis showed me a heap of stones that night, to which I went next morning, about 5 o'clock—I found the bag in the ditch, containing four bad half-crowns.
McLein. Q. Did a whistle attract you? A. No, a man told me you had gone on towards London, and John Johnson was brought in—he said that he asked you the way to London—I cannot swear that he was the man who left you—the ditch was dry—I told Mr. Gardiner to come to Ilford, I and he said he believed you to be the man, but I did not induce him to come—when the Magistrate asked him a second time if he was the man, he said that he believed he was changed from the night before, that he had changed his appearance and dress.
HENRY JERVIS . On the night of 21st August, I was on duty near the Travellers' Friend, and saw McLein in custody—I found Johnson standing on the foot path, against a gravel heap, on the public road, a little over half a mile from the Travellers' Arms—I asked him what he was doing there—he said that he was going to London—I asked him where he had been—I said down the road—I asked him what time he left London—he said; "3 o'clock in the afternoon"—I said, "What are you?"—he said, "A butcher"—I said, "I think you are the man we want"—he said, "A butcher" and I heard something fall—I said, "If you do not stop I shall knock you down"—I took him to the station, and McLein owned that he was the man he was in company with—I found three halfpence on him—I showed Roberts the spot where I took him.
McLein. Q. Was the principal reason that you took him that he were a flat hat? A. No—the description I had was of a little man with a billy-cock hat—it was not a very dark night—I went back to the spot where I took him, but only found a bit of paper and rubbish which had blown into the ditch—I marked the spot where I heard something drop—you did not
say at the station that Johnson was very much like the an you said, "that is the man I asked my way to London."
McLein Q. Did not I say, "I asked some in the way to London?" A. No—I do not think the noise I heard could be a stone accidentally kicked rolling on the heap—I beard something drop from his hand when I caught hold of him—I searched him on the spot, and looked in his mouth, as I thought he had something chinking in his mouth—I did not find anything.
CHARLOTTE PARSONS . I am the niece of the keeper of the Bald Faced Stag, Buckhurst Hill—on 24th August, between 5 and 7 o'clock, I served Johnson with a pint of beer and half an ounce of tobacco, which came to 5l.—he gave me a bad half-crown—I bit it, and returned it to him—he gave me 2d., to pay for the ale—I said, "It is porter, it is only 1d., you can have a pennyworth of tobacco"—he then left the house—this is the half-crown (produced—I know it, by my teeth marks.
Me Lein. Q. Do you know the difference between your teeth marks and other people's? A. No; but, I noticed where, I bit it—I did lot say, at the station, that I should not like to sweat to you being the man—I said, on the impulse of the moment, that I, thought you were the were the man, and afterwards I said that I was sure—I was very much bothered at the time, and it was rather an uncertain light—I am quite sure of you now.
WILLIAM JOHN HURRELL I am a whipper-in, at Woodford—on 21st August I was at the Travellers Friend—McLein came in, about 9.50 for a half-quartern of gin—Mr. Cole's niece served him—he gave for in half-crown, and she turned to Mr. Cole, and said, "This is a bad one"—he took a hammer, and bent it on the floor, and said, "This is a bad one"—McLein said, "Give it me again"—he said, "No, by Act of Permanent I am not allowed to give it you"—he then took some other piece, paid for his liquor, and left—someone was ii company with him—he walked a little way down the bye-road, and then turned into the main road—there was a whistle—I did not see who whistled, but Johnson came and joined him—they walked ten or twenty yards together—I told the policeman—we walked past them, and the policeman went back—Johnson crossed in front of us, and I thought he was in liquor—the policeman took McLein—Johnson was brought to the station half an hour or an hour afterwards—I did not know him as the man, but he said that he was the man that crossed the road to McLein—I said, "Are you the man who crossed over between me and the policeman?"—he said, "Yes"—I said, "If yes are the man you had a round wide awake on"—he said that he was the man—I lost sight of McLein for scarcely a minute when he left the house.
McLein. Q. How many yards did I walk down the bye-road? A. Sixty or a hundred—it was twilight—you were nearly a hundred yards in front of me when you first turned into the road—I was about ten yards from you when the man left you—I recognized you before I came up to you, and told the constable it was you—I had not lost sight of you, and could not make a mistake—I should not have gone on that road if I had not heard a whistle—I had never seen Johnson before, that I know of, till he was brought to the station—when he acknowledged being the man who was with you, you told him to hold his tongue.
Johnson. Q. Did I not tell you I spoke to some man on the road, and asked the way; but could not say that this was the man? You said, "That is the man I asked the way to London" I did not say, "By that I know you are the man."
McLein's Defence. Woodford is not a large place; and I had been uttering counterfeit coin there, it is not likely that I should have been found there two hours afterwards. I ought not to be made to suffer for the wickedness of others. My money has been taken from me, so that I could not write to my friends. I have been detained for a month, and it in nothing more than an accident. I am innocent of any knowledge of Johnson.
Johnson's Defence. I am innocent.
MCLEIN— GUILTY — Nine Months' Imprisonment.
JOHNSON— GUILTY .
PLEADED GUILTY .*— Seven Years' Penal Servitude.
Before Mr. Recorder.
LOUISA ANDDERSON . I am the wife of James Anderson, and keep a fancy shop, at 90, Plumstead Road—about three weeks before the 23rd August the prisoner called with some fancy inks, and on the 23rd he called again for the money, and was paid—he had a bottle of ginger beer—I had occasion to go up stairs, and left him in the sitting room—I came down a few minutes after, the prisoner was gone, and I missed a watch from the mantel-piece—it was there when I went up stairs—I went in search of the prisoner, and found him on the Woolwich steamboat pier—I said, "You know what I have come for"—he said he had no idea—I then told him he had taken a watch from the parlour mantel-piece—he said he had done no such thing; he was a perfect gentleman—I asked him to walk back to the house with me, and he consented to do so—I changed my mind, and took him to the police-station—before I got there, he asked me not to go any farther with it, and not to be foolish—I then asked for the watch, and he gave it me—it was the very one I had missed.
JAMES MARGETSON (Police Detective R). I received the prisoner into custody on the 23rd August, on the charge of stealing a watch—he made no answer at first; he afterwards said he did not intend to steal it.
Prisoner's Defence. I was in the sitting room with her sister. The watch was shown to me. When I went out I had not the remotest idea it was in my pocket. Immediately Mrs. Anderson came to me I said, "Non-sense, "and put my hand in my pocket. I found I had it, and gave it her directly. She said, "Come along with me;" I thought she was going to take me to her home. I said, "It was done in all fun," and asked her not to take me into a police-office. She said she would, and I went with her, and let the policeman search me.
COURT to MRS. ANDERSON. Q. Did you leave your sister with him when you went up stairs? A. No—she was in the shop—he said he had not got the watch at first—he gave it to me about ten minutes after, and said he only took it for a lark, and intended to bring it back again.
GUILTY — Nine Months' Imprisonment.
MR. LILLEY conducted the Prosecution.
FREDERICK MORRIS . I live at Lake's Cottage, Plough Street Rotherhithe—there is a rosin and turpentine distillery, at Horselydown, belonging to Mr. Robert Slee—I am manager there—it was not used at this time and I employed a man named William Flatman to watch the premises—on 2nd September, about 7 o'clock in the evening, I received information, and went to the premises—I found that the worm of the condenser of the rosin still had been taken away, and that it was cut into six lengths, which were placed against the inside of the fence, ready far removal I went for a constable, and he watched the lead, with the watchman—I had seen the worm safe and in its place, between 5 and 6 the same evening—the weight of the metal was about 2 cwt.
Hunter. I know nothing about it.
WILLIAM FLATMAN . I live at Hughas Terrace, Rotherhithe, and am watch-man at this place—on the 2nd September last I saw the two prisoners hanging about the premises all the afternoon—I told Mr. Morris of it, and we searched the place, and found the six lengths of lead standing up on and against the fence—a constable came, and I watched the metal with him—we waited fox about a half or three-quarters of an hour, and then I saw the two prisoners come down the lane from the canal bank—they then came up the lane again and passed the lead—they came back again, and Bishop pulled himself up on the fence, just where the lead was Iying—he dropped down again directly—I was very close to them—Bishop said to Hunter, "You get over, and I will stop back and look out"—Hunter then got over to the inside of the fence, close to the metal—he picked up one length, and raised it on the fence, when the constable seized him—I jumped up and looked over the fence, and said, "There goes Bishop; I can swear to him—he was running away—I have known, him four years—I am sure he is the man—I knew his voice.
GEORGE AUSTIN (Policeman R 280) On the evening of 2nd September, I received information, and concealed myself on the premises, with the last witness, near some lead piping—I heard some persons passing and repassing—I could not see them—I heard them speak—I was in a different place to Flatman—I saw Hunter get over the fence, and as he was in the act of lifting the lead pipe, to band it over to the other prisoner, I seized him, and took him into custody—I did not look, over the fence—the last witness called out the name of a person.
Hunter. He collared me as soon as my feet were, on the ground; I had not touched the lead.
ROBERT FOULGER (Police Detective R) On the 3rd September I apprehended Bishop, at Deptford—I told him I should take him into custody, for being concerned with Hunter, in stealing a quantity of lead from Mr. Morris's factory, on the night previous—he said, "I know nothing about it; I was drunk at the time I was on the bank."
COURT to FREDERICK MORRIS. Q. Had Bishop been in the employ of Mr. Slee at any time? A. He had, last October and November, and he lived in the neighbourhood.
The Prisoners' Statements before the Magistrate:—hunter "I was not there to steal the lead." Bishop. "I only looked over the fence."
Hunter's Defence. I did not touch the lead; that is all I have to say, Bishop's Defence. I know nothing about it, and did not pull myself over the fence.
HUNTER— GUILTY — Nine Months' Imprisonment.
BISHOP— GUILTY — Twelve Months' Imprisonment.
Before Mr. Common Serjeant.
873. THOMAS BROOKER (27) , PLEADED GUILTY to stealing 7 lbs. of tea, the property of William Thompson, having been before convicted in April, 1868, at Maidstone.*— Eighteen Months' Imprisonment, and five Years under Police Supervision.
Before Mr. Justice Brett.
874. WILLIAM McCUBREY (55), THOMAS WRIGHT (46), and JOHN ARTHUR JONES (36), were indicted for unlawfully conspiring to steal from the Royal Arsenal, at Woolwich, certain goods, the property of the Queen
MR. ATTORNEY GENERAL, with MESSRS. METCALFE and POLAND, conducted the Prosecution; MRSSRS WILLIS and McDONALD defended McCubrey, MR. SERJEANT PARRY, with MR. F. H. LEWIS, defended Wright; and MR. SERJEANT TINDAL ATKINSON, with MR. H. J. ATKINSON, appeared for Jones.
JOHN DEACON HARRY . I am the acting staff paymaster at the Royal Arsenal, Woolwich—the cuttings from the cartridge papers are sold at the arsenal—when cuttings are ready, I give notice to the contractor to remove them, upon the report of McCubrey being sent to the office that there is an accumulation to take away—I knew Jones as acting for Mr. Phipps the contractor, of 176, Upper Thames Street, and I believe he was in the habit of coming to remove the cuttings, in every case, since last December—the course of business was this: upon McCubrey's report that there was a certain quantity for Mr. Phipps, ready for delivery, I wrote a letter to Mr. Phipps, stating generally what quantity there was to remove, and within a few days Jones came, and paid me for the paper cuttings reported; he brought no document; he paid me for the quantity mentioned in my letter—I then handed to him a memorandum receipt to take to the head of the issue department, specifying the amount paid, and the quantity to be delivered—from that he would get an order on the store-holder, to deliver the paper paid for—McCubrey was the store-holder—Jones would take the order to McCubrey and get the goods—McCubrey would load the goods in the railway vans—they should have been weighed, generally by Wright, as McCubrey's assistant; he was there for that purpose—the cuttings are packed in bags, and loaded into the railway trucks—McCubrey would send a memorandum of the quantity of goods loaded in the vans, to the issuing branch of the Military Store Office, and get a police pass to pass the goods through the gate—it was then McCubrey's, or Wright's, duty to accompany them to the gate, and to see the trucks leave the arsenal, and countersign the pass before the police, in proof that the proper quantity has been delivered—the pass would be given up to the police at the gate—that is the authority to pass the goods.
COURT. Q. In the ordinary course would anybody be at the weighting on
behalf of the purchaser? A. Jones should, properly speaking—I don't known whether he was—I always impress upon purchasers the necessary of attending the weighing, but they do not, in nine cases out of ten.
MR. METCALFE. Q. Who brings the railway trucks into the premises? A. The railway company, by order of the purchaser—formerly we gave the order ourselves—each bag would hold about 1 cwt. 1 qr., I fancy, but they vary very much—on 4th February, 1869, I received a report from the head of the issuing department—on the 9th February, James paid me 15l. for 30 cwt, of paper cuttings, this (produced) is the memorandum receipt which I gave him on that occasion; it is my writing—it is directed to Mr. Sparrow, the head of the department (Read "9th February 1869. Mr. Sparrow, Mr. Phipps has paid 15l. this day for 30 cwt of paper, J.D. Harry.")—I could not undertake to say that I gave that document to Jones; I gave it to the agent of Mr. Phipps, whoever he may be, on his paying me the money—I had advised Mr. Phippe of the 30 cwt—I do not see that advice here (it not afterwards handed in)—I think I know McCubrey's writing—I believe this to be his signature to this pass (Read: "Royal Arsenal, Woolwich, 9th February, 1869. Pass the under mentioned for service to Mr. Phipps London, 30 cwt paper cutting signature of the person accompanying the stores to the gate of the arsenal, W. McCubrey, R. Reardon.")—Mr. Reardon is an officer, he signs the pass before the goods leave the arsenal and before McCubrey signs, he merely countersigns it; it it filled up by one of the clerks in the office—this (produced) is the delivery order for those goods—it is signed by Mr. Sparrow of the issuing department, and it has McCubrey's initials; it is an order to the principle foreman, and it is delivered to him—I had nothing to do with any transaction on 24th February—the next which I had anything to do with was on 28th April—I believe Jones came to me on that day, as the agent for Mr. Phipps, and paid me 20l.—I gave the person who paid the for acknowledgment order; this is it (produced)—that would go to the issue department in the way I have explained—this is the police pass—I don't know Wright's writing, I never saw him write. [HENRY CHARLES. I know Wright's handwriting; this is his.] (This was a pass, dated 28th April for 40 cwt. of paper cuttings, signed Thomas Wright)—This (Produced) in the kind of report which McCubrey would make to the office of the gone ready to be delivered; it bears his signature; you must understand I do not speak positively to this document—I never saw it before, but it is the kind of report that he should give—it would go in on the 21st (the 28th is a mistake), and I should communicate with Mr. Phipps immediately—this is the delivery order—it has McCubrey's initials—the next transaction was on 3rd June—here are two reports relating to that—one on 20th May and one on 25th—here are also two orders of 3rd June, one for 32 cwt, and the other for 25 cwt.—I received a payment in respect of those on 3rd June from Mr. Phipps' agent—I could not swear that it was Jones, but I do not recollect any other person paying me from the commencement of this contract—Jones must have paid me; don't recollect any other, one I have so many persons pay me in the course of a day that I can't recollect every one—to the best of my belief Jones payed me—the sum of 28l. 10d. for 56 cwt.—this is the acknowledgment of it, the memorandum of payment—this is the pass—it has McCubrey's signature—this delivery order is signed by Challis—the next transaction was on 11th June—here is the report signed by McCubrey, dated 8th June, stating 35 cwt. to be ready
—the agent paid me 17l. 10s. on the 11th, and I gave him this memorandum, and this is the delivery order relating to the transaction, signed by McCubrey—the next transaction was on 30th July—here are two reports relating to that, one of the 2nd for 30 cwt., and one of the 21st for 40 cwt.—I received 35l. on 30th July—this is my acknowledgment—this is the delivery order, initialed by McCubrey, and this is the police pass for the 70 cwt.—the next was on 12th August—here are two reports refering to it, one of the 4th for 40 cwt, and one of the 7th for 20 cwt.—this is McCubrey's signature—on 12th August Jones attended—I received 20l., and gave him this memorandum—I speak positively to Jones as paying me on that day—these are McCubrey's initials to both these delivery orders, and to this pass for the 60 cwt.—I speak expressly to Jones on that occasion—I believe I cannot speak to him on any other occasion, but I believe he paid me in every case.
Cross-examined by MR. WILLIS. Q. I believe McCubrey is the store-holder in what is called the sale yard for unserviceable stores? A. He is—he has occupied that post for eight or ten years—it was partly upon my recommendation that he was appointed to it—the sale yard is the receptacle for all broken up stores that come from all the various departments in the world, with the exception of broken up shot and shells—such things would come there as mattresses, soldiers belts and buckles, gun carriages, blankets, and various articles—when gun carriages come in they have to be broken up, for the wood and metal—the blankets and sheets are torn up into strip and go under the head of old rags—it would be McCubrey's duty to see to the breaking up of these various things—if gun carriages came from Malta a delivery note should come with them—a receipt for them would be given to the captain of the vessel who brought them to England—many months would sometimes be occupied in breaking up those gun carriages—when the wood and iron has been separated it would be McCubrey's duty to report the quantity of each, and they would then be brought on charge—he would bring on the carriages first, and then weigh it off and bring it back in material—with respect to soldiers' belts, he might sell the buckles as buckles, not as brass; but if broken he would sell them as brass, and they would have to be brought on charge under the head of brass—McCubrey superintends the whole of the breaking up and division of these returned stores—the breaking up ground extends over more than three or four acres, I should think—he had Wright under him, and I think twenty labourers; when lie was extremely busy we should give him a good many more—the business has been, I should say, more than doubled by the giving up of the store-keeping at the Tower, the Herbert Hospital, and the clothing establishment—it has all come into McCubrey's department, and lately his work was been doubled—we have no contracts for the sale of leather—we have sales of various things by public auction—we have no other contract for unserviceable stores besides that with Mr. Phipps, that I am aware of, except metal, which I do not call unserviceable—we have had sales by auction, of unserviceable stores every three weeks since the Tower amalgamation—we have all w goods properly catalogued—McCubrey would assort the goods, and get them ready for sale; the labourers assist him in making up the lots—I take the produce of the sales—our sales formerly used to run about 200l. sale—since the amalgamation it would be considerably more; I should say 4000l. a sale—a value is put upon the goods, an upshot price at which they
are to go—McCubrey assists, with the auctioneer, in valuing the goods—it is not exactly a reserved price, but we endeavour to get the lots as high as we can, of course—McCubrey always attends those periodical sales—he is not there to regulate the price at which the goods stall be sold—he is not allowed to speak at the sale—he goes round with the auctioneer a few days before, and they value the lots—McCubrey does not receive the deposits paid by the vendees; he would hand them to my clerk, or myself—it takes weeks, sometimes, to prepare the goods for these sales—there are many articles in detail—there was formerly a military storekeeper; he is now the comptroller—there is a storekeeper's office—it would be McCubrey's duty to attend there once a day, and he would, as a rule, attend me once a day—to do that, he would have to go a circuit of about three-quarters of a mile from his office—it would be his duty to prepare the vouchers for bringing on charge the result of the breaking up of the old materials, and enter them on his ledger—he would prepare the rough documents for the clerk to enter; he would do all, except the mechanical work—it would be his duty occasionally to meet the store-holders of other departments; stores come to him through them—he never receives anything direct from the stations; he has to receive it through some other store-bolder, and nothing should come into his department, except by being brought on charge, charged to him—we look to him as the responsible party for sending in the documents to which reference has been made, for the purpose of passing goods out at the gate—properly speaking, nothing ought to leave without his signature, unless he is absent, then Wright would do it, and after him, Challis—by reason of the change which has taken place in the rifle, an enormous quantity of cartridges have been brought home from the various departments to be broken up, many millions—Mr. Phipps' contract is for paper cuttings from the laboratory—the paper resulting from the breaking up of the cartridges would puss to Mr. Phipps under that contract—there is only one description for paper in the accounts of this department, that is, "Condemned paper;" that is the title under which all paper would appear—we should not describe it as "white," or "brown," it would be all described as "paper, old"—nothing but what is condemned and unserviceable would be in McCubrey's department, unless he had stores sent to him for what is called "expense"—he might have paper sent to him to use up for packing purposes—a great portion of the stores would consist of things that had never been used, but had become obsolete, and were not required at the stations where they were—we might have as much as four or five millions of cartridges come by one vessel under one voucher—the result of the breaking up of that consignment would not come on charge until the whole was broken up—a large parcel of cartridges would sometimes take months to break up—when they are in the shape of cartridges they are not under McCubrey's control; they are in the hands of the laboratory, in the manufacturing department, until they are broken up—cartridges are not broken up in his yard; carriages are—the paper does not come into the store-yard until the cartridges are broken up—cartridges are exceptional, because of the danger—McCubrey is obliged to balance his books at the end of each quarter—there are quarterly ledgers returned to the War Office—he might have a large quantity of paper in his yard, at the end of a quarter, not charged to him—he would bring it on charge when the voucher comes down from the laboratory—having sent out some of the produce, he
would balance his book by anticipating it, by certificate—that would be simply for the purpose of balancing his book at the quarter.
COURT. Q. Then, he can send paper out that is not charged to him? A. Yes, but he must keep a memorandum of the quantity issued.
MR. WILLIS. Q. It might happen when he makes up his book at the end of the quarter; it would not represent the paper he had in store; he might have a large quantity in store, although he had not on charge? A. Yes.
COURT. Q. Supposing he had sold some of this paper not charged to him, before the end of the quarter, would he put that sale into that quarter's ledger? A. No; he would put at iu the new ledger.
MR. WILLIS. Q. Then he would bring it on simply to balance the quarter, irrespective of what he had in store? A. That is the rule—I have known McCubrey ever since he has been in the service, twenty seven or twenty-eight years—he entered the yard as a labourer, and was gradually premoted to his present position—there is no man in the service that I had more confidence in.
Cross-examined by MR. SERJEANT PARRY. Q. Does the paper in question here, come from these cartridges mainly? A. A good deal of it—some are cuttings—in making the forms of paper for cartridges, there ia a remnant; that is in manufacturing them in the first instance; before they are sent out to the military stations—the millions of cartridges that come back to us to be broken up, are cartridge that have been sent out from this county, and not used; they have become obsolete in the service, or else they have been abroad too long, and they come back and are sold as waste paper—that proceeding is going on every day—Wright was foreman under McCubrey—he was given to him to assist him in his duties; not in all; in the inferior portion, the weighing up such things as paper, or refuse kind of things—he was under McCubrey's directions—he would weigh other things besides paper—he would not be weighing all day—that would not be his principal duty—he had other duties; he had to attend to the men breaking up—some of the bags of paper weigh 1 1/4 cwt.—I don't believe you would find two bags alike—by being packed tight they would contain 1 1/2 cwt.
Q. Suppose he had to deliver out sixty bags, might he, as a matter of fact (I don't ask what his duty was), weigh six or seven bags, and than take it for granted that the weight of the others were about the same? A. I am afraid there has been a good deal of that done—it would not be right; he would have been dismissed years ago, if it was known—I was not aware that an allowance of fourteen pounds was made for the weight of each bag—that is too much—that would be very improper indeed—I should say it was double the weight that ought to have been allowed; if he had appealed to me, I should have told him so—I should allow seven pounds, I think that is a fair average—I have only known Wright seven or eight years, but he has been there longer than that, under McCubrey—I believe he has been there; ten or twelve years—he has always borne a good character—we choose what are considered the best men to put in that place, because there are many temptations—he must have borne a good character, or he would not have been kept in the employ, particularly there—I understand there are two descriptions of bag, but as an average, as I said before, I would not allow more than seven pounds—I should allow some more than others, but I would give the average of seven pounds all round—some are heavier than others, very trifling, not a pound's difference, I should think.
Cross-examined by SERJEANT TINDAL ATKINSON. Q. Do you keep copies of the letters you send out? A. Of some letters we do; of mere memorandums we should not—when we get a notice of accumulated unserviceable stores, we send to the contractor—the issuing department furnish us with the weight, and then I write to the contractor—I should not keep a copy of a mere memorandum of that kind—the letters are posted to Messrs. Phipps—I send to them when I receive notice of accumulated stores—I always do that myself—I have not been present when the paper has been weighed, but I was In the stores branch twenty-five years—formerly, a police-officer attended the auctions, to see the stores delivered, but not to weigh them—I believe they do not at present—the police-officer to whom the pass is given takes the weight for granted; he has no opportunity of weighing it—the pass is a mere matter of form, that no stores shall leave the arsenal without a pass.
MR. METCALFE. Q. You say when stores go out, you receive a report from the issue department; does that go to the issue department from McCubrey? A. Yes, it emanates from him; they do not forward that report to me; they make out another document for me, which I retain as my voucher—McCubrey should not part with any goods without an order from the issue department; not to my knowledge, certainly; they could not be got out at the gate.
COURT. Q. Do you know whether McCubrey always attended to the weighing of the paper, personally? A. No; it was Wright's duty to do it, undor the direction of McCubrey—this could not have occurred if ne was honest—I only know from hearsay whether Wright did attend to the weighing of the paper.
BENJAMIN STEPHEN PEARSON . I am acting deputy paymaster at the Royal Arsenal, at Woolwich—on 12th August last, some person came to me and paid 10l. on behalf of Mr. Phipps, for 30 cwt. of paper cuttings—I made out a receipt; this (produced) is it—in the Ordinary course that would be forwarded to Mr. Moore, the head of the issuing office—this is the memorandom I made out to be sent to him.
JOHN SERJEANT. I am a clerk in the cash department of the Royal Arsenal, Woolwich—on 25th February, I received 15l. for 30 cwt of paper cuttings, on behalf of Mr. Phipps—I made out his memorandum (produced), which would be taken up stairs to the issue department—on 12th March, I received 15l. for 30 cwt. of paper cuttings, on behalf of Mr. Phipps, and gave a similar memorandum, and signed it with my initials—this is it.
JOHN ALEXANDER COLLINS . I am in the military store department—on 8th April, I received 30l. on behalf of Mr. Phipps, for 60 cwt. of paper cuttings—this (produced) is the memorandum I made out at the time.
THOMAS DUNN . I am sergeant-major in the military store staff corps, and am employed in the issue department of the Royal Arsenal—a report from McCubrey of the accumulation of stores comes into my department, and into my hands—we send a document to Mr. Harry, and, off receiving from him a certificate that he has received the money, I make out a delivery order to the principal foreman, and the officer in charge of the branch would sign it—here are three reports, dated 23rd February, 10th March, and 7th April, all signed by McCubrey (These were for 30 cwtt., 30 cwt., and 60 cwt. respectively)—I have seen McCubrey write at my desk—here are the delivery orders relating to those three transactions, initialed by McCubrey—they are addressed to the principal foreman—
those are the three passes that I made out—they are signed by McCubrey, as passing them out—I know Jones—I believe I gave to him the delivery orders relating to these transactions—I will not speak positively as for back as February, but for the last four months, I am positive I always delivered them to Jones.
HENRY CHALLIS . I am a labourer, in the military store department, Woolwich Arsenal—I signed this delivery note, of 3rd June, for McCubrey—I have seen the report—I signed that for McCubrey, because he was away at the time, at some other place—I believe he was in the arsenal—I reported to him what I had done.
Cross-examined by MR. WILLIS. Q. You were in McCubrey's office, were you not? A. Yes—that is different from the shed in which the paper in contained—he has a private office away from the store, in which the ledger of the department is kept—it is in the yard, but about 100 yards from the store—McCubrey was frequently away, in other parts of the yard—he would be bringing in vouchers for the produce resulting from the various stores that were coming on charge—I never saw him weigh this brown paper, that was in the shed—when I signed those documents for McCubrey the day he was away, I believe it was Wright who came to the office and reported the quantity of paper—I believe the paper was generally weighed after the re-port; but I can't say—between the report and the payment the paper would be weighed, and put into bags—I believe the report of the weight was only an estimate—I believe Wright would make the estimate—he would come in, and say, "There is so much in the shed," and report—I have heard him report to McCubrey that so much was ready—the body of the report, which is signed by McCubrey, is in my handwriting—where the estimate has been made, and the report filled up, McCubrey would sign it, to send on to Mr. Harry, of the issue department—that was the routine.
Cross-examined by MR. SERJEANT PARRY. Q. Did you, yourself, sign reports? A. For McCubrey, when he was away—I believe I have signed one of these reports that are now the subject of inquiry—to the best of my belief there is no actual weight taken before the report is made; but Wright would say there was a certain amount in the store—I did Dot report to McCubrey in that way, I only made out the report from orders I received—I was a clerk, a writer—McCubrey would give me orders to make the report—I can't recollect whether anyone was present when he gave me these orders; there might be—I can't remember anyone being present—I have heard Wright report to McCubrey that there was so much in store ready for delivery—he would say, "The place is full, I think you might report so much weight"—that would vary from 20 cwt. to 30 cwt, or. 40 cwt.—then the report would come down that it was to be issued to Mr. Phipps—some time would elapse between the report and the issuing of the goods to the contractor—we seldom issued anything besides paper to a contractor—I don't believe I ever signed a pass-ticket—if McCubrey and Wright were both absent, I should sign it—there would be no harm in my doing it—if I had to sign it, I should know that the weight was correct before doing so—I never did sign it—Wright never reported the weight to me; ho reported it to McCubrey, and he would give mo the order to prepare the report—whether he went to examine the stores, or not, I don't know—I can't say whether he did or not—there is one report that was signed by me, in McCubrey's absence—I signed that because he was away, at the office, or somewhere—I can't say where he was—this is the delivery,
note I signed in McCubrey's absence—I did not take any trouble to ascertain whether the weight was correct, because I signed it after the goods were gone away—this had to be returned to the store office, and I signed it, and returned it—I knew nothing at all about the weight of the goods at the time I signed it, whether it was correct or incorrect, because the goods were gone from the arsenal then—I got the weight from that paper—I saw that paper in the office, and signed it—McCubrey was away at the time, and it had to be receipted, and I signed it for him, and returned it to the office—this is sent from the issue department to McCubrey, and I signed it for him—the goods had been delivered before—I did not ascertain that they had been delivered before I signed it—I knew they were gone, because I brought the police-pass down for them—I signed this, having knowledge that they were gone—I knew Jones by sight—I don't know whether anyone from the department ought to accompany him at the time be receives the goods—I was not present when these goods were delivered.
MR. METCALFE. Q. You have said that if you had to sign the gate pass, and deliver the goods, you would see that it was correct; how would you do that? Were they to be weighed, or what? A. They should be weighed, I believe, before they go out—I can't say where the bags come from; I believe the contractor's men bring them, and then they are filled in the department, and carried away.
COURT. Q. You say that the first report is an estimate? A. I believe that it how it is done; I am not certain—I can't say whether the goods were usually weighed before the actual delivery; I never taw them weighed—I never saw any weighing of paper—the office where I am is at some distance, it would net be in my line—I never did see it.
CHARLES HART . I am a goods clerk, in the service of the South Eastern Railway Company, at the Woolwich Arsenal Station—I know Jones, as the servant of Mr. Phipps—during the last two years he has been in the habit of attending at our station for the purpose of arranging for trucks to be sent into the arsenal to bring out goods for Mr. Phipps; there is a line of railway from the Plumstead station into the arsenal—Jones came down in the morning, and ordered so many trucks, and a time was specified, Jones undertaking to arrange with the police for the gates to be opened—on 16th February, Jones ordered two trucks to be sent in; the numbers of those trucks were, 1898 and 4469; those trucks were sent into the arsenal—they were returned the same day, loaded with bags—after they were brought from the arsenal station, through the Plumstead station, which is close to the arsenal station, Jones then gave us the consignment for forwarding the goods—there were 42 bags for Dover—I have the consignment note here—(Read: "10th February, 1869. Received, the undermentioned goods, for Messrs, G. Phipps & Co., at Woolwich Arsenal, to be conveyed by South Eastern Railway Company, forty-two bags, paper, addressed to Messrs. Phipps & Co., River Mills, near Dover. Signed, J. Phipps & Co.") That was signed by Jones, in the name of his employer's firm—upon that the forty-two bags were sent to Dover—we do not know at the arsenal station the weight of the bogs; we have no means of weighing there, the truck is weighed at Dover—we sent a memorandum instructing Dover to weigh, and advise us of the weight—I have here the way-bill that was sent with those forty-two bags—we afterwards received back the weight—Jones does not give us any weight, he only gives us the number of the bags—he also gave instructions that same day to send twelve bags to Wildman—this is the
document he made out—(Read: "10th February, 1869. Signed, A. Jones" addressed to "R. Wildman, 2, Hen and Chicken Lane, Walworth, Landon. Received, the undermentioned goods, from Mr. A. Jones, of Woolwich Arsenal, to be conveyed by the South Eastern Railway Company, twelve bags of paper, 10 cwt.")—Jones declared that weight to us—when the trucks came into the goods yard, the twelve bags were taken from the tracks, and put into a separate truck for London, and sent with the London goods—that was by the direction of Jones—we did not weigh them, or send instructions to weigh them—when we are dealing with what we know to be a respectable firm, and have no reason to doubt the weight, we do not check the weight—we did not check that weight—on the 27th February, two tracks, No. 4487 and 3834, were sent into the arsenal by the direction of Jones—he arranged for the gates to be opened, and the trucks sent in—when they came out he made a consignment note for forty-four bags to go to Dover, in the same way—they were sent to Dover in those trucks; and 16 cwt., the weight declared by Jones, were sent to Wildman—Jones signed the paper in the same way; I have it here, signed by him—on 13th March, two trucks, 1745 and 3401, were in the same why, by the direction of Jones, sent into the arsenal, and 41 bags sent to Dover, and 16 to Wildman, declared weight 10 cwt.; the same course at to the documents was adopted—on 9th April, four trucks were sent into the arsenal, by Jones' direction, Nos. 3250, 1975, 2665, and 2116—87 were sent to Dover, and 10 bags of paper and 3 of rope to Wildman, declared weight, 11 cwt.—on 28th April, some trucks were ordered by Jones, in the same way—I have not the truck number in this case—I have the consignment note by Jones—it is for 30 bags of paper, declared weight, by Jones, 2 tons; that is for Dover—on the same day there were 10 bags of paper for Wildman, declared weight, 10 cwt.; those were consigned in the same way to Wildman—the document is here, signed by Jones—on 3rd Jane, 3 trucks, Nos. 4168,4092, and 3203, were sent into the arsenal, by direction of Jones; and 48 bags of paper were sent in those tracks in the same way to Dover; there ware none to Wildman on the 3rd—on 11th June there were 2 trucks sent in, Nos 2101 and 3284; they contained 21 bags of paper for Dover, and 22 bags of junk; and at the same time 3 bags, 6 cwt., from Jones to Wildman—Jones declared the weight as 6 cwt. when we received the consignment from him, but they weighed the goods at the Bricklayers' Arms, and found the weight to be 10 3/4 cwt.—when Jones came down next, which was some time afterwards, I called his attention to it, and showed him the document from the Bricklayers' Arms, and he paid me the extra charge which was 8d.—on 30th July, four tracks were sent into the yard, Nos. 2822, 4480, 3592, and 1996—those were ordered by Jones in the same way—100 bags of paper, and 22 bags of loose junk, were sent to Dover; and 18 bags of paper and some junk to Wildman—he did not declare the weight in that case; he signed the paper in who ordinary way—on 12th August he also arranged for 3 tracks to go into the arsenal; they were detained after they came out of the arsenal siding.
(Cross-examined by MR. SERJEANT ATKINSON. Q. The tracks were ordered I presume, by Messrs. Phippes? A. The tracks were ordered by Jones—I always understood them to be ordered for Messrs. Phipps; we had an account with them, and sent the account to them; not for the consignments from Jones to Wildman, but those that went to Dover—the order would come to us to send so many trucks—the weights would be calculated
at Dover—the charges would be paid at Dover—we did not collect the money.
MR. POLAND. Q. Those goods that were sent to Wildman, I understand james paid you for? A. Yes.
ROBERT WILDMAN . I carry on business as a waste-paper dealer, at 2 and 3, Hen and Chicken Lane, Walworth—I know Jones—in February last he called upon me, and stated that he was going to Woolwich, in a few days, to weigh some goods for Phipps there, at a dealer's, and the same man had got about a ton of mixed papers for sale—he described it to me—I told him I had no special market for such a paper; the most it would be worth to me would be 3l. per too—he asked me 4l., but ultimately agreed to sand it up for 3l., and a few days afterwards I received a consignment from the South Eastern—I can tell the dates, if I have my receipts (refering)—on the 13th I had 12 bags, weighing 15 cwt 1 qr. 23 lbs.—my foreman weighed them—I paid Jones for the 15 cwt., and he signed this receipt, "Settled, A. Jones"—the next consignment I bad was on 2nd March, 16 bags of paper-cuttings, weighing 2l. cwt. 2 qrs, 9 lbs., amount paid, 3l. 5s.; that was also made out in the name of Jones, paid for, and signed by him—on 15th March I had 16 bags of cuttings, weighing 19 cwt. 1 qr. 7 lbs., amount paid, 2l. 18s.—on 10th April, I had 9 bags of paper, weighing 13 1/2 cwt., amount paid, 2l. 0s. 6d., and 3 bags of rope—on 30th April, I had 10 bags of paper, weighing 13 cwt., amount paid, 1l. 19s.—on 12th June, I had 3 bags of paper, weighing 10 cwt. 3 qrs. 12 lbs., for which I paid 5l. 19s. 3d. the next was on 31st July, 10 bags of paper, weighing 9 cwt 1 qr. 23 lbs., amount paid, 1l. 8s.—that is all—I did not receive any communication from him after that.
COURT. Q. Do you say that on the 31st July, you only had 10 bags? A. Yes—there were 18 bags altogether, 8 bags were rope—I did not know Mr. Phipps in the transaction—I dealt with Jones entirely.
Cross-examined by MB. SERJEANT ATKINSON Q. How long have you known Jones? A. I knew he was agent of Phipps, representing their house, buying and selling for them; all the business I have done with them, I have done through him—some of the paper was what we tern, "mixed rubbish paper," in the trade—it answered that description, it was rubbish—it is classed in the trade as low rubbishing paper—on the first transaction, I asked why it would not suit Mr. Phipps—he said it was not good enough; he said it was necessary for Mr. Phipps to keep up the strength of his paper, and it was not of use to him.
COURT. Q. Then you dealt with, him for Phipps, he gave you Phipps' name in the transaction? A. Certainly, but on this occasion, he gave me. his own name.
MR. METCALFE. Q. On the 12th June, did the paper consist of white cuttings? A. Yes, it appeared to me to be the white paper picked from the rubbish—I paid 11s. a cwt for that; I don't call that rubbish, that was white cuttings.
SAMUEL SOUTHEY . I am head porter of the goods department at the Dover Railway Station—it is my duty to weigh the goods that come from Woolwich—I have been in the habit of weighing goods that have been sent down there for Mr. Phipps—on 11th February, I have an entry in my book of two trucks, No 1898 and 4469, the total weight was 62 cwt., I have not got the number of bags—on the 1st March, there were two trucks, Nos. 4187 and 3834, total weight, 62 cwt—on 15th March, two trucks,
3401 and 1745, total weight, 50 cwt.—on 9th April, 4 trucks, 2665, 1975, and 3280, and one I have not got the number of, 114 cwt—on 4th June, 3 trucks, 3304, 4092, and 4160, 69 cwt.—on 12th June, 2 trucks, 3284, 2101. 80 cwt—on 2nd August, 4 trucks, 2822, 4480, 3592, and 1996, 141 cwt.—all those goods were for Mr. Phipps; he has some mills at Dover—I weigh all that comes down—after they were weighed I filled us the waybills, and the goods were sent in the regular way to Mr. Phipps.
COURT. Q. Were those weights sent into Mr. Phipps. A. Mr. Waters sent in those weights to Mr. Phipps; I know they were sent in and paid upon.
Cross-examined by MR. SERJEANT ATKINSON. Q. How did you arrive at the gross weight of the trucks? A. It is marked on the truck; that is all I know about it—it is marked on at Ashford—I can say no more than what is marked upon them.
WILLIAM PALMER . I am an inspector of the detective police, Scotland Yard—in consequence of instructions I went down to Woolwich on 12th August, about 4.30, I saw four railway trucks there, in front of Plumstead Railway Station, outside the arsenal—the prisoner Jones was with there—Mr. Carnelly, the chief inspector of the arsenal police, was with me—in consequence of my directions the trucks were taken back into the arsenl—previous to their being shunted back into the arsenal Jones said, "What is the meaning of this?"—I told him that it was my intention to have the contents of those trucks weighed—he said, "I only saw seven or eight bags weighed, and I don't know the weight of the rest"—the order was for 60 cwt. on that day—I said, "I suppose you know the quantity that you have a right to take from the arsenal"—he said, "I wish to go to London to see my employer, as he expects me home by 5 o'clock"—I said, "You had better come and see the goods weighed for your own satisfaction"—We then went into the arsenal together; I sent for McCubrey, and told him that it was my intention to have the contents of the trucks weighed—at the same time Wright came up—I said, "Whose duty is it to weigh the goods?"—McCubrey said, "We only weighed a few, but it was Wright's duty to see them all weighed"—I then gave directions for the scales to be brought from the shed—they were brought, and the goods weighed—as each bag was weighed McCubrey took down the weight on a piece of paper as Mr. Carnelly called it out—Jones stood on Mr. Carnelly's right hand, so as to check the weight with him, and Wright was walking to and fro—I found the weight of the bags was 86 cwt. 2 qrs., and some few pounds—there were 58 bags—I asked McCubrey how he accounted for such a quantity over weight—he replied, "We always allow 14 lbs. for each bag"—I said, "if you reckon that up you will only find that between 7 and 8 cwt."—that is so—he said, "I can't account for the other part"—finding that several of the bags that were removed from the third truck were very heavy to what the others were, I gave directions for one of them to be cut open, and in it I found a quantity of new brown paper, or unused brown paper—I asked McCubrey how he accounted for that paper being in the bag—he said, "It is a quantity of old paper that I have had in store for some time, and I gave the men directions to put it in the bags;"—this is some of it (produced)—there were about nine half reams, or eight and three quarter—this is a half ream—it is labelled, "Messrs. Phipps"—(The Jury, on looking at the paper, stated that it bore the date of 1861)—About six of the other packages were in the same state as this, covered and tied up—two of the
nine I think were broken—I then told the three prisoners that they would have to accompany me to the Greenwich Police Station—on the way Wright said, "I only weighed seven or eight, but I know that it was my duty to weigh them oil, and I cannot account for there being such a quantity over weight—on searching Jones at the policestation I found on him a receipt for 10l., dated 12th August.
Cross-examined by MR. WILLIS. Q. I understand you to say that Wright Mid he only weighed seven or eight? A. Yes—McCubrey said, "I only weighed a few"—I have not stated that he said seven or eight—when Wright said he only weighed seven or eight, I supposed that was the fact, to which McCubrey was referring—this is a complete unbroken bundle—I have not brought the broken bundles here—I should have done so if I had recived instructions—the broken paper was damaged in some shape or form, whether by wet or age I don't know—I did not say this was a fair specimen of the paper that was sent out, I said it was part of the paper—I believe there a not a stain upon this—it is a fair specimen of the majority of it—I told McCubrey that I was a policeofficer—I did not tell Wright to—he knew I was a policeofficer when he was in custody, but not till after the paper was weighed—I had no particular conversation with Wright till after the paper was weighed—Mr. Carnelly was present at the time, and both Wright and McCubrey knew that he was an officer of police.
Cross-examined by MR. SERJEANT PARRY. Q. Wright said to yes, I think, that he had weighed six or seven bags, mid he knew it was his duty to have weighed them all? A. Yes—and he added, "But I can't account for the over weight"—it may be that he said, "I know nothing whatever of it"—what I said upon my first examination was true—the remark was, "But I knew nothing whatever of there being such a quantity over weight."
WILLIAM JENNINGS CARNELLY . I am chief inspector at the Royal Arsenal, at Woolwich—I was with Palmer on this occasion when he ordered the bag to be cut open, and we saw there was some, brown paper in it, Mr. Parting, the acting comptroller at the arsenal, was present, and he asked McCubrey what that brown paper was doing in there—McCubrey said, "I ordered the men to pack it, to get rid of it"—I saw the fifty-eight bags that were taken possession of—the bags themselves were afterwards weighed, and they weighed 5 cwt. 2 qrs. 2 lbs.—the brown paper weighed 7 cwt. 1 lbs., that is the nine half reams.
Cross-examined by MR. SERJEANT ATKINSON. Q. While you were weighing these, do you remember Junes correcting you with regard to the weight? A. Yes, he did; I called a bag, I believe, 1 cwt. 2 qrs., and it ought to have been 1 cwt. 3 qrs.—he called my attention to the fact that I had made a mistake of a quarter of a hundredweight.
COURT. Q. He was checking your weights? A. Yes, be checked me that once, and did not do so at any other time.
CHARLES HOUGHTON . I am a porter on the South Eastern Railway—I accompanied the trucks on 12th August—I was present at the loading—it took about two hours; it commenced before dinner, and finished in the afternoon—McCubrey and Wright were both present during the time they were loaded—Jones was there at the first; he went away, and came back again just its we were finishing the last truck—I assisted in loading—several of the men who are here gave me the goods—I don't know their names—I did not take any particular notice whether McCubrey gave direction about
it; I was in the truck—the trucks were stopped after they were taken from the arsenal, and brought back again.
Cross-examined by MR. SERJEANT ATKINSON. Q. Do I understand you to say that Jones was not there till you had nearly done the loading? A. He was there at first, then he went away, and came back again just as the last truck was being finished—he was there at the commencement; we had not begun loading, but he was giving orders how to go on about the loading, that was all—when he had given his orders about the loading, he went away—we began the loading after he went away; and then, just as we had completed the loading, he came up—we had not finished, but we had not much more to do.
COURT. Q. Did you see anybody weigh the bags? A. No, I did not—I have been at the delivery of these bags once before—I don't know whether they were weighed then; I was in the trucks, away from where they weigh them; the scales are mostly inside—I saw Wright and McCubrey there the time before.
Cross-examined by MR. WILLIS Q. How long was McCubrey there on this occasion? A. He was there some portion of the time—I can't say how long.
JAMES REEVES . I am a labourer, in the military store department, at the arsenal—I have been under Wright two years—on 12th August I assisted in putting the paper into the bags—I fetched some brown paper—I got it out of the new store in the paper shed—McCubrey told me to get it out of the new store—it is a new building, which has been built about nine months, not a store for new goods—he told us to fetch this brown paper out of the store, and put it into the paper shed, on the other side of the road—I fetched some of it, and some of the other labourers assisted—I have seen some of it here—I could not say how much there was—we took it into the paper store—that is where the paper cuttings were—I saw the railway trucks there—I did not see the paper weighed; I put it on to the weigh-bridge—I did not see the weights—Wright was present—I did not see anybody taking down the weights—Wright stood near the bridge; he was standing taking the weight of the paper, I suppose—I could not say exactly how long I saw him there—I helped put the bags on the weigh-bridge—I think I saw about five or six bags put on the weigh-bridge that morning—I helped put the brown paper into the bags, with the cuttings, not into separate bags—I could not say how many bags the brown paper went into; either four or six, or five or six—I could not say exactly how many there were—the bags containing the brown paper were all put into the last truck we loaded—I saw Jones there that day, about ten minutes or a quarter of an hour after the trucks were loaded—I saw him standing behind the truck when I looked out of the store—when the trucks go away they are always covered up—I have been present on former occasions, when the trucks have been loaded with these paper cuttings, most 'every time they loaded, the last two years—sometimes Mr. Wright superintended the loading, and sometimes I have seen McCubrey there; not very often—it was Wright generally—I could not see whether or not the bags of paper were all weighed before they went away, on the former occasions—I have seen some of them weighed; at least, I have put them on the bridge to be weighed—I have seen the process of weighing.
COURT. Q. On all occasions? A. Yes, most even waggon that went out.
MR. POLAND. Q. Who took the weight down when they were put on the bridge? A. Mr. Wright.
Cross-examined by MR. WILLIS. Q. How long have you been in the unserviceable store department? A. About two years—this brown paper has been there all the time I have been there—three or four men besides me were engaged in moving this paper—the paper cuttings and the paper from the breaking up of the cartridges generally come to our store un-packed, and are put down, in the shed—sometimes sacks come down already packed—they do not go into the shed—it takes some time to weigh the paper and cuttings—it might lie there a week or ten days before it is weighed—that is the cuttings from the laboratory—sometimes the laboratory people put their bags with ours that are weighed, and put outside—sometimes it may be two or three days before we weigh what comes from the laboratory—I could not say whether sometimes it might not be weighed at all—I did not know what came from the laboratory, because I did not help unload—sometimes the laboratory bags might possibly go away without being weighed, as they are put alongside the other bags that have been weighed—I saw some portion of this brown paper that was removed from the store—I could not say whether it was dirty and damaged; I did not take that notice of it—I have not said so—I said it was old paper; I did not say it was damaged—I did not hear anything said that morning about some paper being wanted to complete the quantity that had been reported.
Cross-examined by MR. SERJEANT PARRY. Q. Where are the bags put when they are weighed? A. Outside of the store—fresh bags came down from the laboratory, from day today, that have not been weighed—I could not tell whether they have been mixed with bags that have been weighed, and so be delivered without being weighed at all—they might, because they have been lying alongside of the other bags that have bean weighed—when the contractor takes them away, those that have been weighed are not reweighed at the time of delivery—in the hurry, unweighed bags might be delivered with the weighed ones—the laboratory is a, different department to ours—I don't think they weigh them there—after bags have been weighed, and put outside the store, they have remained some weeks before they have been delivered to the contractor—during that time other bags may have come from the laboratory, and been put alongside of them—this was going on day by day—sometimes bags may be weighed and remain for as much as three weeks before they are delivered, because we have not enough paper to fill all the bags at once—we have to wait till papers come down again after we have filled a few—I know nothing of the habit of reporting the quantity of paper—about seven men are employed in the store—they all help to load.
Cross-examined by MR. SERJEANT ATKINSON. You say you did not see Jones, after the trucks were loaded, for a quarter of an hour? A. I should say it was about that—I had been present all the time while it was going on.
COURT. Q. You assisted at almost all the sendings away of this paper I A. Yes—it has been in different stores, not the brown, the other paper—it comes from different places—when it comas down into our yard, it is put into an old store which we have for the purpose, before it is put into bags—sometimes the store is full of paper before it is sent away—it won't hold much—we fill it into bags, and then it is weighed on the weigh-bridge—Wright was generally present to see them weighed, and then he took do down
the weights; then they were put on one side, and covered over with a tarpaulin, till we got another lot—no mark was put on the bags that were weighed—the laboratory people, from time to time, brought down paper in bags—those bags were generally put alongside of the others—they were not weighed at the time they were brought down—they were weighed before they went away, I believe.
Q. Then, when you say they might send some of these bags away with-out being weighed, it would be an accident, would it.? A. Yes—because we never see the paper put down there, it comes from the laboratory, we are always that busy doing something else—Wright was generally there when the bags were loaded into the railway trucks—he had not the paper of weights with him upon which he had token the weights—all the bags that had been weighed usually went off in the trucks for one job—McCubrey was not often present at the weighing, that was left to Wright.
Q. In your opinion, could a man of experience, if he saw thirty bags, tell at all about what weight they would be? A. No, I don't think he could—he could tell within half—if there were sixty bags, it would be as much as he could tell within a third—I did not see anyone weigh but Wright—the paper on which the weights were taken down was generally torn up—some-times it was put in with the bags when they were sent away—I have seen it lying about the store a good many days as waste paper.
ROBERT BRIDGMAN . I am a labourer in the arsenal, under Wright—on 12th August, I received orders from Wright to assist in packing and loading the paper—he was not there during the time we were packing—I don't remember seeing him at all in the shed where we were packing the paper—we packed it in bags—Wright was in the store that morning, but not in the little shed—I saw some of the bags weighed—Wright was present when they were weighed—I don't know whether they were all weighed or not—I can't say; they were all weighed while I was there—I did not see anyone put down any weights, or writing down anything, while they were being weighed.
COURT. Q. Were you present all the time whilst all the bags were taken out and put on the truck? A. Yes; they were not all weighed; not the great heap that went away, I can't say how many—there might have been six or seven weighed, perhaps—I don't remember seeing any more weighed; I don't think they were weighed on that day—nobody gave any orders to put them on the trucks without weighing them, that I know of—the great heap was not all weighed on that day, they had been weighed before, I believe, time and time; a little at a time.
Cross-examined by MR. SERJEANT PARRY. Q. Upon other occasions, when you have seen bags delivered to the contractor, has it happened that some have been weighed at the time of delivery, and others may have been weighed before that—is that so? A. That is so—I believe they have been weighed quite as far back as three or four weeks before delivery—it is not my duty to weigh—it is Wright who weighs—I believe that is his duty—I can't say whether other persons weigh in his absence—there is a man named Welbrook, I think I have known him weigh on one or two occasions—several of us were constantly occupied in filling and delivering these bags.
MR. POLAND. Q. Who is Welbrook? A. He is another labourer—he is under Wright.
of the time while the tracks were being loaded—I saw about thirty-four or thirty-five bags put into the trucks—I saw six weighed—they were the last six that were placed on the third truck—Wright weighed them, assisted by two of the witnesses—I made a remark to McCubrey, about one bag being heavy—I asked him what made it so heavy—he said it was the mill board—I asked him if he meant the brown paper, and he said "Yes, the mill board"—I did not see the paper—I saw that the bags were very large, and looked bulky, not like the ordinary paper cuttings—those bags were put into the bottom of the last truck—Jones came about 3 o'clock, just as they commenced loading the third truck—he was there when they commenced loading the third truck—it took about half an hour to load it, he remained close by—McCubrey was there sometimes; he came when the trucks were going out—Jones was present too, at the gate—Jones went out with the trucks—McCubrey said, "The pass has not come down, I shall get it directly, Harry has gone for it;"(meaning the witness Challis)—he was at the gate, to pass them out—the trucks went out, and the pass came down directly; I got it as soon as I had closed the gates—it was for 60 cwt. of cuttings—I afterwards saw McCubrey sign it; he has to countersign the pass.
Cross-examined by MR. SERJEANT PARRY. Q. I think you had said that it was four bags before dinner and two after dinner, that you saw McCubrey weighing; is that not so? A. Yes.
Cross-examined by MR. WILLIS. Q. Are you quite sure you had any correspondence with McCubrey at all that day? A. Yes, in reference to the weight of the bags being so heavy.
THOMAS DUNN (re-examined). This is a memorandum of all orders I send to different store holders, and they have to sign a receipt of it—McCubrey's signature to this No. 4134, shows that he has seen a document hearing that number—this is the document to which it relates, that would be shown to McCubrey, and then he would sign the book, and after he had copied it, he would return it to the office; it is "An extract from the con-tract, 31,268, directed to Mr. Phipps, Upper Thames "Street, E.C., to purchase paper cuttings, from the Royal Laboratory, Woolwich, at 10s. per cwt., from the date of the contract to 31st December, 1869." Signed for the Director of Contracts; and there is a note on it, "Please note and return"—that would be given to McCubrey to act upon, and take a copy of it.
MR. WILLIS. Q. Do you know how long the paper has been lying in store, useless, unemployed? A. I do not, only from hearsay.
COURT. Q. What would it be used for? A. Packing purposes—this paper was condemned, most likely; it is an obsolete pattern, and would be used for packing—it would be used for that purpose now.
ARTHUR HARDING (examined by MR. WILLIS). I am in the unserviceable store department—I have been there six years—I know the brown paper that was sent away on 12th August—it was in store before I went there—none has been used since I have been there—I helped take some of it down, as well as the other men—some of it would hardly hold together; it would not bear picking up—it had remained in that state, unused and unneeded, for six years.
MR. METCALFE. Q. When did you bring it down? A. On 12th August—I had not brought any down before that—McCubrey told me to bring it—I have seen the trucks loaded many times before—I have seen all sorts of paper sent out in them, brown paper and white paper—it is some of the paper that has been produced to-day, that I say would hardly hold together.
MR. SERJEANT PARRY submitted that there was no case for the Jury. MR. JUSTICE BRETT (after hearing MR. METCALFE) could not say there was no case; it would be for the Jury to say whether it amounted to a conspiracy to defraud, or only to gross carelessness and neglect of duty.
MR. METCALFE, as representing the Attorney-General, claimed the right of reply, but MR. JUSTICE BRETT held that the privilege was confined to the Attorney and Solicitor-General in person.
NOT GUILTY .
There were three other indictments against the defendants, upon which, as to McCubrey and Wright, no evidence was offered, and the Jury found a verdict of
NOT GUILTY . The case at to Jones was postponed to the next Sessions.
875. HENRY TIMSON, (52), was indicted for feloniously assaulting Rosina Bush, and using a certain instrument with intent to procure her miscarriage; and WILLIAM HENRY McGRATH (21) , for feloniously procuring and aiding Timson to commit the said felony.
MR. COOPER conducted the Prosecution; and MESSRS. LILLEY & HUNT the Defence.
The details of this case were unfit for publication.
TIMSON— GUILTY — Ten, Years' Penal Servitude.
McGRATH— GUILTY — Seven Years' Penal Servitude.
Before Mr. Justice Hayes.
MESSRS. POLAND and COLLINS conducted the Prosecution; and MESSRS. STRAIGHT and CAMPBELL the Defence.
LOUISA PEAKE . I live with my father and mother, at 82, Trafalgar Road, Old Kent Road—on Monday, 9th August, a little before 3 o'clock, I was in the second floor front bedroom, when I heard the footsteps of a man on the stairs, and shortly afterwards my mother screamed—she was in a bedroom on the first floor, which was unusally occupied by my mother—I was going down to ascertain what was the matter, and when I got on to the landing, I saw the prisoner standing at the door of the bedroom, with the handle in his hand—he put his foot on one of the stairs leading to where I was, when he looked up at me, and immediately went down stairs again—I am sure the prisoner is the man—I was partly undressed, but finished dressing, and then went down stairs to where my mother was—I saw her on the top of the stairs, on the first floor, bleeding very much from the head—I gave a description of the prisoner to the police, and on 16th August, I was sent for to Carter Street police-station—I there saw fourteen men, and picked out the prisoner from amongst them—I recognized him as soon as I set my eyes upon him—the kitchen door had been broken open, and the prisoner got into
the house that way—from the plate basket in the kitchen I missed ten tea-spoons, a pair of sugar tongs, a cigar holder, and two salt spoons.
Cross-examined by MR. STAIGHT. Q. Had you left your mamma lying down in your brother's room. A. Yes; when I heard her cry out I was very much alarmed—there was no other person in the house besides myself—I was very much frightened at seeing a strange man—when I saw him I did not rush into my own room, but stood there the whole time—he was coming up stairs, but when he saw me he turned and fled—he wore an ordinary black hat—no person went with me into the room at the police-station—the prisoner was the first man that caught my eye, and I identified him—he was without his hat then—Sergeant Banger fetched me to the policestation—I believe the prisoner had a moustache when I saw him at our house—my mother was very ill for some time afterwards.
CHARLOTE PEAKE . I am the wife of James Peake, and live at 82, Trafulgar Road, Old Kent Road—on the afternoon of 9th August, between 2 and 3 o'clock, I went into my son's bed-room to lie down, and whilst I was there, two men came into the room—I said, "What is it you want?" and finding no answer, I got off the bed at once, and said, "Are you come to rob the house?"—no answer was given, and I repeated the question, when the prisoner sprang towards me, with what I supposed was a hammer, and struck me a blow on the right side of the forehead—I put my hands before my face, and said, "Don't murder me! don't murder me!"—the prisoner then jumped at me like a madman, opened his mouth, groaned with passion, and gave me a second blow—I knew nothing more, and did not hear the man go down stairs—I became insensible—the other man was of fair complexion—my daughter came down stairs, the doctor was sent for and information was given to the police—since then I have been unable to leave the house, and am still very weak—on the 27th August, I went to the Lambeth police-station, and picked out the prisoner from amongst a number of other men.
Cross-examined by MR. STRAIGHT. Are you of a nervous and excitable temperament? A. No—I have not been afraid of people breaking into the house—I first heard footsteps on the landing, and the door was opened with such force that it shook me whilst I reposed on the bedside—they were some little time in the room before the prisoner gave me a blow—it Was evident they thought no one was in the house—the first blow was not so severe as the second—I believe it lasted about two minutes and a half—alter the blow I groaned and screamed, and my daughter heard me—I was seriously ill for some considerable time—I had not sufficient strength to accompany my daughter to the station on her first visit there—I was, told there were a dozen men in the room when I identified the prisoner—he wore a black hat at the time he struck me, and had a black beard, and moustache—he stood and stared at me before he struck me, and then ground his teeth with passion, whilst he gave me the second blow.
SARAH JANE READ . I am a servant, in the employ of Mr. George Cooper, of 78, Trafalgar Road, some few doors from where Mrs. Peake's lives—a little Before 3 o'clock, on the afternoon of 9th August, I was cleaning the first-floor front window, and had a clear view of Mrs. Peake's house—I saw the prisoner descend the area, remain below for a few minutes, and then return into the street—then he beckoned to a man who was standing about four doors off, and both went down the area steps together—I should think they were in the house for about ten minutes—then I saw the prisoner
leave by the front door, and the other man by the area steps—the prisoner walked until he got about four doors off, and then ran—on 16th August I went to the Carter Street police-station, where I saw a number of men—I recognized the prisoner immediately—I am quite sure he is the man.
Cross-examined. Q. Was there a great disturbance about the affair in the neighbourhood? A. Yes, a great uproar; people were frightened out of their wits—Sergeant Ranger first came to me about the matter—I did not notice anything peculiar about the prisoner—I did say that I knew the man better by his side face—the men at the police-station had hats on.
GEORGE RANGER (Detective Policeman P). On 10th August, I went to 82, Trafalgar Road, Old Kent Road—I examined the area door, and found marks where it had been forced open—it led from the area into the kitchen—I should think it was forced by a jemmy, or some other blunt instrument—I saw Mrs. and Miss Peake, and got a description of the men from them—I was searching for them continually, from the 10th to the 17th, in company with Sergeant Ham—I never saw the prisoner but twice in my life—on 16th August I was near the Elephant and Castle, when I saw the prisoner and a woman—I followed them until I saw an officer in uniform, then in the Walworth Road—I stopped the prisoner, and told him I wanted him for committing a robbery in the Trafalgar Road—he said, "I don't know what you mean"—I replied, "Well, you will have to go to the station with me"—I had seen him about two months before, and that was under peculiar circumstances—at the station I told him he would be detained till I fetched Mrs. Peake—the acting-inspector asked him for his name and address, and he refused to give them—Miss Peake and the girl Read were sent for, and they identified the prisoner from amongst a number of men, who had been placed in a line by Inspector Dan—when I had last seen him the prisoner was wearing a moustache.
Cross-examined by MR. STRAIGHT. Q. You have never said anything before about the moustache? A. I never was asked—I have been in the police force nearly twelve years, have brought a great many criminals to justice, and have frequently been rewarded—I did not hear Miss Peake say that the man who entered the house had a moustache, and that the prisoner had shaved his off—I think Inspector Dan went to the house before I did.
JAMES DAN (Police Inspector). I was at the police-station when the prisoner was brought in by Ranger—he refused to give his name and address at first, but afterwards said it was Thomas Paul, that he was a shoemaker, and that we should learn his name and address at the Stones' End police-station—he said he knew Sergeant Pearce, who was there, but he has been transferred to Clerkenwell—I then placed several constables in plain clothes in the station, and told the prisoner he might place himself where he liked amongst them—he took his position, and Miss Peake and the servant girl were sent in—as soon as they entered they said, "That is the man, the third man," pointing to the prisoner—on 27th August Mrs. Peake was well enough to attend, and then eight men were brought from the cells, and four from the road, and they, with the prisoner amongst them, were placed in a cluster at the end of the cell passage—Mrs. Peake pointed out the prisoner without the least hesitation whatever.
Cross-examined. Q. Did Miss Peake and the servant girl point to the prisoner together? A. Yes, as soon as; they had time to glance round.
some time post, and had seen him a few days before the 9th August, near to the Elephant and Castle—he was then wearing a short scrubby moustache, apparently of five or six days' growth—I knew the prisoner lived at 18, New Street, but I could not find him there—I found that the inmates had left.
Cross-examined. Q. Were you called before the Magistrate? A. No; I was present, but did not hear the whole of the investigation—Mr. Wood-ham attended on behalf of the prisoner.
FREDERICK WHITE PALMSR . I am a physician, and live at Ormond House, Old Kent Road—on 9th August, a little after 3 o'clock, I Was called in to attend Mrs. Peake—I found her nearly covered with blood, and in a very exhausted condition—I found an incised wound on the right side of her forehead, about an inch long—there was a fracture of the skull, on the top of the head—a good deal of blood was about the room, and on bar dress, and the bed-clothes and curtains—she told me she had been struck with a hammer, and I said it must have been the thin end of one—the wound was a little over an inch in length, and a quarter of an inch broad—it was not a clean cut, but a little jagged—it was open, and a great many of the vessels were divided—it went as far down as the covering of the skull, but not so as to fracture the bone—the wound on the top of the head was a deeper one, and there the bone was fractured—she was in danger, decidedly, for ten days or a fortnight—it was a most dangerous wound; an effusion on the brain might have taken place, or erysipelas—I have attended her since 9th August—she is out of danger now, and going on favourably.
MR. POLAND to GEORGE RANGEK. Q. When you took the prisoner, In what state was his upper lip? A. Clean-shaved, a kind of whitey-black.
MR. STRAIGHT to JAMBS HAM. Q. When were you told that you were wanted to give evidence in this case? A. I believe it was the day before yesterday.
PLEADED GUILTY— Penal Servitude for Life. THE COURT ordered a reward of 5l. each to Sergeants Ranger and Ham.
Before Mr. Justice Brett.
MR. RIBTON conducted the Prosecution.
ELLEN HEFFERMAN . I am a widow, and live at 3, Duke's Court—in August, last year, I was standing at my door, which was next to Bryant's—I saw Mr. Roe, the prisoner's husband, come down the court, and go into Bryant's house—I heard some altercation going on inside—I afterwards saw the prisoner come down the court, and go into Bryant's house—she might remain in for two or three minutes—she then came out, and went into the house of Mrs. Keardon, opposite—she came out again in no time—I did not see anything in her hand—she went into Bryant's house again, cane out, and went down to her own house at the bottom of the court, and I saw her no more.
Prisoner. Q. Did not you see Annie Ryan come away from the door, saying that her arm was broken with the tongs? A. I did not see it.
MARGARET REARDON . I am the wife of Cornelius Reardon, of Duke's Court—I saw the prisoner, on this night, about 12.30—she came into my place—she handled the kettle; I took it from her—she then took up the poker, and went out with it—I went to my door in a few minutes, and saw her strike the deceased, Mr. Denny, in the head; I did not see what with.
Prisoner. I did not hit Mr. Denny at all, I hit Bryant. Witness. I am sure it was Mr. Denny that she hit.
ROSINA BALCH . I live at 8, Golden Place, Pepper Street—I saw this affair in Paviour's Alley—I was about three yards from Bryant's house—I saw the prisoner come down the alley—she went to a person's place opposite and came out—I did not see what she had in her hand—she then went into Bryant's house, and was there two or three minutes—from there she went to a house down the court, and came back with a little hatchet or chopper—she stood by the side of Bryant's door, and as Mr. Denny was coming out she struck him twice or three times on the head with the edge of the chopper—he did not fall—he placed both his hands to his head and staggered up the court—he was an elderly man, about 56.
Prisoner. Q. Did not you see Annie Ryan at the door? A. There was several persons there, but I did not know them—there was a quarrel—I don't know what it was about—I did not hear Ryin say, "Oh God! my arm is broken."
MARGARET ROLFE . I live at 13, Duke's Court, right facing Bryant's house—I was looking out of my window about 12.30 on this night—Mr. Roe and Bryant were quarrelling—the prisoner came up, and of come began quarrelling with them—there was a desperate quarrelling among the lot of them in the passage—the prisoner went down to her own place and brought out a chopper, and struck the deceased twice with it inside the doorway, and when he came outside she struck him on the side of the bead—he staggered round to Paviour's Alley, and the prisoner went to her own place—the man lost a great deal of blood.
JOHN BARKER (Police Sergeant M 11). About 12.15 on this night I found Denny sitting at his own door, holding his head, which was bleeding profusely—that was about 300 or 400 yards from Bryant's—I took him to the hospital—he died two or three days afterwards.
JOHN NEVILLE DAVIS COLLEY . I was house surgeon at Guy's Hospital when Denny was brought there—he was then insensible—he had two cuts on the forehead, one entering deeply into the skull, and there were several small bruises or scratches on the face—I have no doubt the blows were the cause of death—he died in five days—they were such blows as might be inflicted with the sharp edge of a chopper—tongs would not do it.
WILLIAM TURPIN (Police Inspector). The prisoner's husband was apprehended, and I have been looking for the prisoner for a long time—she disappeared from her lodging the night this happened, and was not apprehended till the 3rd of last month, when she was charged at Hammersmith Police Court with hawking without a license.
Prisoner's Defence. The first of it was, Bryant's wife came into the public-house and drank our beer, and handed it to a man who was with her. Roe said, "I will tell John," that is, her husband. We came out and met Bryast. What they said I don't know, but when I come up Roe was bleeding furiously from the head, and Annie Ryan, who went to pull him away, got a blow
across the arm, and I went and got a poker and gave Bryant a blow across the head. As to Mr. Denny, I never saw him, and did not know him—I afterwards went into the country, hopping.
GUILTY .**— Eighteen Months' Imprisonment.
Before Mr. Recorder.
878. WILLIAM STEWART BENTLEY (44) , Feloniously breaking and entering the dwelling-house of Charles Wellborne Slee, and stealing a locket, a brooch, and other articles, of Eliza Emma Slee; and a locket, four brooches, and other articles, of Anna Elizabeth Moore.
MESSRS. BESLEY and WILLIAMS conducted the Prosecution; and STRAIGHT the Defence.
JOHN LOVEGROVE . I lire at 5, Upper King Street, Old Kent Road—on 7th August, about 5.15, I was in the Southend Road, Lewisham—I saw a cart standing by the kerb, nearly opposite Mr. Slee's house—a man was leaning over the fence, looking towards Mr. Allen's farm—the prisoner is not that man—I went on past the cart in the direction in which the horse's bead waa pointing, and in about a quarter of a minute I heard a cart coming—I looked behind, and saw the same cart coming along at a tidy trot—the person who had been leaning over the fence had charge of it, and the prisoner was running on the right hand side—when he got to the bridge, he came to the left, and put his hand on the rail of the cart—I did not see whether he got in or not—he was out of sight in about five minutes.
Cross-examined. Q. When did you first say anything about this to any-one? A. Mr. Slee's gardener came down the road, and I spoke to him—I next saw the man at the Police Court, in the dock—I was present at the second examination before the Magistrate—I was there the first time, but I was not called—I was not in Court while the witnesses were examined.
ROBERT PAYNE . I live at Peckham—on Saturday afternoon, 7th August, about 5.15 or 5.20, I was in the Southend Road, Lewisham, with the last witness—I saw a horse and cart near Mr. Slee's back go to, and a man leaning over the fence—after we had gone on a little way, the cart overtook us—it was going about eight miles an hour—the prisoner was running by the side—he was in my sight for about two minutes—I took notice of him—I did not see that he was carrying anything.
Cross-examined. Q. Did you see the gardener, and speak to him? A. Yes—I did not see the prisoner from that time till I saw him in the dock at the Police Court.
MR. BESLIY. Q. Did you give a description of the man you had seen? A. Yes, to the police.
ROBERT TAYLOR . I am gardener to Mr. Charles Wellborne Slee—on the afternoon of 7th August, about 5.15, I saw a man I believe to be the prisoner, jump down from the portico of the house, and run away—as he jumped down, he fell on the gravel path on his knees—I noticed the clothes he wore—these resemble the trowsers that he had on—I was six or seven yards from him—I immediately gave information.
JOHN GOODWIN . I am coachman to Mr. James Allen, of Lewishm—his house is near Mr. Slee's—on Saturday, 7th August, I was coming down the road, and saw the prisoner jump over Mr. Slee's wall—I was between six or seven yards from him—it was about 5.15, and was quite daylight—I saw his face as he turned round to run away—I had a good view of his from—I am sure the prisoner is the fame man—I afterwards saw him in
the Lambeth Police Court—I did not notice his clothes, I noticed his face a good deal more.
Cross-examined. Q. What were you doing? A. Going up to the village—it was a brick wall that he jumped over—I did not run after the man, or halloa out—when I saw him next he was at the door of the Police Court as I went in—the police asked me if I knew that man, and I said, "Yes".
MR. BESLBY. Q. What did you say to the police? A. I said, "Yes, I know the man, he is the man that jumped from the wall"—I saw him on the Monday, and it was Saturday when he jumped over—the wall is not as high as I am—the house stands within the wall.
CHARLES WELLBORNE SLEE . I live at Park House, South end Road, Lewisham—on Saturday, 7th August, shortly after 5 o'clock, a communication was made to me, and I went up stairs—in one of the rooms I found a box on the bed, which was usually kept in another room, and my attention was also called to a small cash box, in which jewels were kept, and also to a writing desk partially forced open—several of the drawers were tumbled, and several things missing—I have seen a jemmy produced by Sergeant Ham, and also the writing desk—it was nearly forced open, and only just held together by the lock—there were marks on it—I compared them with, the jemmy, and found that they corresponded with precision.
ANNA ELIZABETH TARRANT MOORE . I was a visitor at Mr. Slee's house—I had my jewellery in a little cashbox there—it was safe on the Saturday morning—there was a gold locket, a brooch, a pair of earrings, and other things, of the value of about 60l.—there was also 6l. in gold—I saw the cash-box afterward, and the contents were all gone.
ELIZA ANN SLEE . I went up stairs, and found a box on the bed, which had been kept in a room on the other side of the house—I also found a desk, which had been taken from an adjoining room—I saw several foot-marks on the window-sill, over the portico, and fingermarks on the window-frame.
Cross-examined. Q. Was the frame forced? A. No, evidently only pushed up.
JAMES HAM (Detective Police Sergeant P). I went to Mr. Slee's house the day after the robbery, and found marks on the portico, and also from the fence up to the portico—the portico was scratched, where some person had climbed up—I did not see footmarks at the top—there were marks on the sill of the window—I took possession of this desk—I took the prisoner into custody the next day, at No. 8, West Place, West Square, Lambeth, at about 6 o'clock in the morning—he was in bed—I said, "Billy, get up"—I talked about another job, and I said, "There was one committed last night, at Lewisham, but I don't know the particulars"—he said, "I can prove I was not there, for I was drunk"—hanging up in the room I found this bag, containing house-breaking implements—I found a key saw, and two jemmies, and about sixty or seventy skeleton-keys—this jemmy was found in the bag with the others—I have compared it with the marks on the desk, and it exactly corresponds—I found a pair of trowsers, with some gravel on the knees—they were hanging up in another room—I said, "Here is some dirt on these; we will take them"—he said, "Well, I told you I was drunk, and I fell down."
Cross-examined. Q. Was that bag as it is now, or was it locked? A. It was locked—it was in the room where he was in bed—I found some of the keys in that room, and some in another.
Witnesses for the Defence.
THOMAS JONES . I live at 123, London Road, and am shopkeeper to a pawnbroker and salesman—on Saturday, 7th August, I saw the prisoner, between 3 and 4 in the afternoon—he came in and brought a smoothing plane—I know that it was the 7th August, because there was a disturbance outside the shop—there was a woman carrying a child—the child dropped a half-crown—some man picked it up, and swore it was his own, and then there was a row.
Cross-examined. Q. Were you the only person in the shop? A. No—there were two lads there—they keep the books and enter the sales—I have got the book here—I have sold the prisoner things before—I hare sold him a hand-saw—I think it was about a month after the 7th August I was asked to come and give evidence—no one else from the shop is here—my master did not see him—I did not see any cart—I don't recollect that I ever said he had not a cart—I never saw him with any cart—he appeared quite sober when I saw him.
ALBERT HUNT . I live at 110, High Street, Shoreditch, with Mr. Woods, a pawnbroker—on Saturday, 7th August, the prisoner came there, between 4.30 and 5 o'clock—he bought a cane, for which he paid a half-crown—I am quite sure of the time—I had never seen the prisoner before—I made an entry when the stick was sold—I have got the book here; this is the entry, "Stick, 2s. 6d."—I gave evidence before the Magistrate—this (produced) is the stick that I sold him.
Cross-examined. Q. What time do you close on Saturday night; A. Eleven o'clock—I can't remember when I sold a stick before that—I did not sell one on the 7th—my master is not here—the salesman named Bellinger was in the shop at the time—I did not make the entry in the book myself—I never enter sales—I was there all the time, and saw the sale made—the man was there about half an hour—I don't know whether he was a friend of the shopman's—the salesman was called in to his tea, and then the prisoner left—I was outside the counter, looking after the things outside the door—I did not see a trap there—I know the distance from our place to the London Road, near the Victoria Theatre—I could walk it in about three-quarters of an hour.
MR. STRAIGHT. Q. Is that entry in the book in the handwriting of the shopman? A. Yes—I am quite sure that this was a stick in my master's shop, and that someone bought it on the 7th August—it was in the window—I saw the prisoner go out—he was not sober—the shopman went to tea, and I remained in the shop—I went to my tea after he came back—the prisoner was drunk when he came in, and he was there about half an hour—it was about 5 that the salesman left—the prisoner was alone.
JAMES STEPHENSON . I keep the Oxford Arms, Westminster Bridge Board—on Saturday, 7th August, I saw the prisoner, about 5.15—he called at my house in a cab—he remained about twenty minutes—he was neither drunk or sober; he was about half-and-half—there was no one with him—I was called before the Magistrate, and gave evidence there—I have seen this trick before—the prisoner had it when he was at my house.
Cross-examined. Q. How many times have you seen him at your place? A. I should think A dozen times in twelve months—sometimes two or three times a month—he was there the night before, but I don't think I had seen him a month previous to that—I think I had seen the stick when he was there before—my impression is, that I have seen the stick repeatedly—he
was there as near 5 o'clock as possible—it is about three miles from West-minster Road to High Street, Shoreditch.
COURT. Q. What makes you fix the date with certainty? A. The prisoner borrowed 2s. of me to pay for the cab, and his wife called on me the next day, and asked if her husband had been to me the night before, I said he had and told her what time, and she said she would subpoena me—she gave me to understand that he was then in custody.
HENRY GIBSON . I am a firework seller, and live at 3, Leigh Place, West-minster Bridge Road—on Saturday, 7th August, I was at the Oxford Arms—I saw the prisoner there, very much intoxicated, at the bar—it was about 5.30, as near as I can recollect—he had a stick under his arm—I can't tell you whether this is the stick—I did not notice it particularly—he was eating a portion of a fried sausage, and had a glass of ale on the counter.
Cross-examined. Q. Did you see him pay for it? A. I did not—he was there when I went in—I have known him three years—I was never in trouble in my life—I was fined for selling fireworks—I have been speaking to several persons outside the Court—I did not ask any woman what day I was to speak to—that did not occur in the presence of Coombea, the officer—he can't come forward and say such a thing.
MR. STRAIGHT. Q. You have only been fined for selling fireworks? A. Yes—I was not examined before the Magistrate—I was applied to, to come here, a few days ago—I was not present at any of the examinations.
ELIZABETH REED . I am staying with my sister, at 53, Webber Street, Blackfriars Road—the prisoner is my brother-in-law—on the afternoon of Saturday, 7th August, he was tipsy—I had to go to the Oxford Arms to fetch him—that was about 6.15.
Cross-examined. Q. Is he in the habit of using the Oxford Arms! A. I don't know; I have seen him there once or twice—I have never been then with him—he left home on the Saturday morning—he came home in the afternoon, about 1 o'clock, and went out again—he was by himself—I know nothing about a pony and cart—he never drove one, to my knowledge—I was not examined before the Magistrate—I know Mr. Gibson; he is a friend of my brother's—I know my brother was taken in custody—it was about some matter on 20th July—I went to the Police Court to give evidence about the 20th—I came here on that case—I did not know I should be called on this—I thought I should be called, because I saw my brother drunk, as I was going past—he very often gets tipsy—I heard that ther was something against him on the 7th, when I went to Kennington Lane about three weeks after he was taken in custody—that was after I had been examined, about the 20th July—I did not hear Mr. Gibson ask if he was to speak to the 20th July or 7th August—I did not hear him talking to my sister—I did not hear any conversation between him and a woman.
Witnesses in the Reply.
WILLIAM COOMBES . I am a retired sergeant, of the L division of police—I was in the force twenty years—I have known Gibson twenty-five or thirty yean—I saw him outside the Court—I saw him speak to Mrs. Bentley, the sister of the last witness—he said, "What day am I to swear to, the 7th or the 30th?"—she said)"The 7th"—he did not say anything to that.
COURT. Q. What did you say about the other matter? A. I told him I was going to take him in custody for scaling a portico, at Peckham, on
30th July; and I says, "There was also a job done last night, at Lewisham; but I don't know the particulars, to tell you, yet"—I did not mention the time, merely that it was done last night, and he said he could prove he was not there.
COURT to MR. SLEE. Q. What is the distance from Lewisham to West-minster Bridge Road? A. I should think quite six miles.
COURT to LOVEGROVE. Q. When the cart passed you, was it going towards London? A. Yes.
COURT to ELIZABETH REED. Q. Did the prisoner go home with you after coming out of the Oxford Arms? A. He went home before I did—he remained at home for the rest of the evening—he was asleep in the kitchen till 11.30.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution; and MR. COLLINS the Defence.
SARAH HODSON . I am the wife of William Hodson, of 14, Lyndhurst Road, Peckham—Annie 'Bedford is my servant—on Thursday afternoon, 13th July, about 3 o'clock, she went out for a walk, with my children—I was in my room the whole time she was absent—my bedroom window is over the portico—my watch and chain, two brooches, and three rings, worth between 40l. and 50l., were then safe; also two purses, containing 2l. 10s.—my desk was safely fastened—I went down and opened the door for my nurse, when she returned, and, after going down to the nursery, and speaking to my little girl, returned to my room, not having been absent ten minutes, for I had looked at my watch before leaving my room—when I returned, I heard a rustle, and saw something like an elbow passing out at the window—my desk was wrenched open, on the bed, my papers were scattered about, my watch case and ring case were empty—two purses had been emptied of the money, and were left behind—one ring was left behind—the gate bell had been broken some time; I remember the prisoner coming and asking to mend it—I recognized him directly, at the station—I do not recollect having any talk with him, but he stood some time at the gate, and would not take "No" for an answer—it was broad daylight—I think he must have been more than once, as I recognised him so soon—I only said "No" to him from the window—I did not see anything of him on 30th July—I afterwards saw him in the dock, and recognized him directly—to the best of my belief, he is the man.
Cross-examined. Q. Can you tell us the date when he wanted to mend the bell? A. No; but it was not long before I was robbed—there is only a little garden, and I was in the sittings-room window; I do not remember whether it was open—I shook my head, and did not employ him to mend the bell—I do not remember whether he had a basket—I think he wore a black cap, but I cannot tell—there was nothing to attract my attention in his dress—a close wooden paling, like a park paling, 5 ft. or 6ft high, divides my house from the next; it is higher than I am—there are no trees or shrubs on the other side—the nursemaid had two children with her; one was not a baby in arms, it walked up the steps.
MR. BESLET. Q. How far were you from him when he came about mending the bell? A. As far as I am from you (about 15 feet).
ANNIE RADFORD . I am Mr. Hodson's servant—on 30th July, I went out with the children in the afternoon—I returned about 4 o'clock, and' saw a pony and cart standing still in the square, about fifty yards from the home, and saw a man sitting in the cart—when I passed into the house, I saw the prisoner in the next garden, standing against the fence, and looking up at our portico and the windows—I passed about three yards from him—saw me, because when I looked at him, he walked away towards the gate, but he did not go out in my presence; he looked down at the ground—it was bright weather, and broad daylight—my mistress came down to let me in, and the prisoner was still in the garden, walking very slowly, and looking down at the ground—he wore dark clothes, and a very thick gold Albert chain—I did not see him again till he was in custody, on 8th August, when I was taken to Carter Street police-station, and saw seven or eight persons with hats on—I recognized him the moment I entered the door, but I was too frightened to speak, and did not say anything—he was wearing a hat too—Sergeant Ham said, "Is there anyone you know here"—I said, "Yes"—he said, "Is this the man?" and went close up by the prisoner's side—I said, "Yes"—I had not said or done anything, or pointed to anyone, to let him know which it was.
Cross-examined. Q. Were all the other men policemen? A. I do not know, they were in plain clothes—the fence is not higher than I am—I am not taller than my mistress—I did not tell her that I saw a man in the garden—I saw him as I went up the steps—I was holding one child's hand, and the other was behind me—I was about three yards from the prisoner, when my mistress opened the door—she went down to the nursery, and I went there too.
COURT. Q. Had you seen the man before you went up the steps? A. That was the first I saw of him—I had not passed the adjoining garden—I came the other way—if I was standing in the garden, close to the fence, I should be able to look over—I have tried to look over.
JAMES HAM (Detective Sergeant). On Sunday morning, 8th August, about 7 o'clock, I went with Ranger to 8, West Place, West Square, St. George's Road, Southwark; that is about a mile and a half from Lyndhurst Road, Pcokham—we rushed up stairs, and in the second floor back room, we found the prisoner, lying in bed—I said, "Now, Billy get up, we want you for being concerned with another man in breaking into a house in the Lyndhurst Road, on 30th of last month, by means of climbing the portico, and stealing a quantity of jewellery"—he said, "I do not know what you mean"—I then saw Ranger find this bag hanging by the side of the bed, containing these housebreaking implements and skeleton keys—I said, "And there was another job done at Lewisham last night, but I cannot tell you the particulars of it now"—when Ranger found the bag, he said, "What is this, Billy?—he said, "Oh, that is nothing"—in the bag were these two jemmies and other housebreaking implements—this centre bit was found in a box in the front room up stairs, a large quantity of large skeleton keys, the keyhole saw, which is to saw the holes larger after the centre bit has made them—I took the prisoner to the station—the inspector placed him among a number of others, and Radford was sent for—I told the prisoner that he could place himself where he liked, and then left the room—one man was a milkman, another was a man who works about the
yard, and the rest were policemen out of uniform—Radford Went in, looked them down, and at once east her eyes on the prisoner, and said, "That is the man there, but I do not think that is the hat he had on then"—I gave him another hat, and she said, "Now I am positive it is the man"—I had brought the hat from his house—it is not here—I forgot to bring it—I took this jemmy to Mr. Hodson's—he fitted it to the marks on the desk, and it corresponded—that was on Sunday, two or three hours after I took the prisoner, and nine days after the robbery—on 31st July, the day after the robbery, I looked at the spot where the servant said that she saw a man standing—it was an empty house, and I saw footmarks of one person, and another print where a person had got over to Mr. Hodson's side—it appeared to be the same footmark on each side, as if the same person had stepped over—I examined the portico, and found that some person had climbed up and made marks—Radford had given me a description of the person, and also of a horse and cart—and Mrs. Hodson described a man who had come to ask if he might mend the bell—that description, and other circumstances, induced me to apprehend the prisoner—I have seen him a great many times with a man with a horse and cart, and have followed them—the horse is a fast trotter.
Cross-examined. Q. Of course you took the girl down, and gave the prisoner a fair chance? A. I did—I will swear there were other persons with him, besides policemen in plain clothes—I will not venture to swear that I said, at the Police Court, that there was anybody else but policemen in plain clothes with him; but I believe I said there were two others—I did not go up to the prisoner and say to Radford, "Is this the man?"—I would not do such a thing—after she pointed to him I said, "Do you know him?"—she pointed to him with her finger, and cast her eyes upon him, and then I went up to him, and said, "Are you sure this is the man?" and she said, "Yes"—she said she did not think, he had the same hat on, and I put another hat on him, and said, "Put this hat on, Billy"—the prisoner was known to me—Mrs. Hodson and Radford both gave me the description of the prisoner in the parlour, in Ranger's presence; but I believe Radford had given it to the inspector the night before—I believe the prisoner, or his wife, told Ranger that this bag belonged to a young man who had left; it was locked, but Ranger broke it open.
GEORGE RANGER (Detective Officer P). On Sunday morning, 8th August, I found the prisoner in bed, at West Place—Sergeant Ham said, "Halloa Billy, I want you for committing a portico larceny at Peckham"—he referred to another matter, of the night before—I found this bag in the room-it was opened in Ham's presence, and those two jemmies, and other things, were found in it—the prisoner was placed with eight or ten persons in ordinary clothes, at the station—Radford came in, looked all round, went up to him, and said, "That is the man," and pointed to him—she lifted her hand towards him—she said that he wore a billy-cock hat at the time—Ham then put the other hat on him, but that was after she had pointed him out—I have seen the prisoner's companion with a horse and cart, but I never saw him riding.
Cross-examined. Q. What was the prisoner wearing when she pointed him out! A. A black cork hat, I call it—I swear Ham did not go up to him and say, "Is this the man?"—I do not know what she swears—the men present were policemen in plain clothes; it was Sunday morning, and it was very difficult to get anybody—we tried to do so—the prisoner stood
about the middle of the group—there was no hesitation at all—the girl walked in, and said, "This is the man"—Ham said nothing to her, that I heard; and I was standing behind him—I was not astonished at her walking up to him in that way, because she gave such a minute description of him—I swear that Ham said nothing to her in my presence—I was not there all the time; when she pointed him out, I went back into the charge-room—at the prisoner's house I said, "Halloa Billy, how do you account for these jemmies?—he said," Oh, there is nothing in that; they have been left here by a lodger"—I broke open the lock of the bag.
MR. BESLEY. Q. Who had the getting the men there? A. I do not know whether Sergeant Ham did it, or the inspector—I have only been on duty on that side of the water since May—I do not know the names of all the people who were shown to the girl—I cannot swear that there was not a greengrocer and a milkman there—I took it for granted that there was nobody there but prisoners—the fence between the two garden a about as high as this shelf; it is a close paling.
COURT to ANNIE RADFORD. Q. Was anything done with the prisoner's hat while you were there? A. Yes; I said I do not think that is the hat he had on; and a second hat, a black one, was put on him—I cast my eyes on the prisoner the moment I entered the room; I do not know whether I raised my hand or not.
Witnesses for the Defence.
MARY ANN SIMMS . I am a charwoman, of 6, East Place, West Square, next door but one to the prisoner's house—on 30th July, I saw him repeatedly, and about 4 o'clock in the afternoon, I went into his house to speak to him—he was flying his pigeons in his garden—I was washing that day, because it was a leisure day—Mrs. Bentley, and her sister were then and the prisoner—they bad a cup of tea, and they asked me to have some but I did not—I had seen him in the garden pretty well all day, and I found him at home when I went in, about 4 o'clock.
COURT. Q. He was in his garden, and you in yours? A. Yes—the tea things were set when I went in, and he came in afterwards, and asked me to have a cup of tea—I am positive this was Friday.
Cross-examined by MR. BESLEY. Q. Every Friday is washing day, is it not? A. It might be, but I do it at my leisure, when I am not busy—I wash once a week, generally on Friday—I have been into his house many times, and it is not at all unusual for me to be asked to have a cup of tea—when he was attending to his pigeons, I was in my yard—the fence is about 4 feet high, and there is a garden between—I spoke to him across the garden wall, during the day, but I might go through the yard and speak, that is what I have done—I do not do my washing in the garden—I did not know the prisoner was in custody till the Tuesday, two days after—I was told that he was in custody on 10th August—I was not told the day in respect of which he was charged—Mrs. Bentley asked me if I recollected his being in the yard on 13th July, Friday, and I said, "Yes"—this was on 10th August—she did not mention any time—I said that I did remember it, and his asking me to have a cup of tea—this is the only time it was mentioned—I only went to the Police Court once—I do not remember when it was—I remember putting my name to what I had sworn at the Police Court, that was the day he was committed for trial—I never told the story till 31st August, and never mentioned 4 o'clock—I said that I was out about 4.30, or 5 o'clock, because I was in his house
at the time—I saw him repeatedly that day, but do not remember the hours.
Q. Before you fixed the time at 4 or 4.30, had you heard the servant state the time that she came back with the children? A. I never heard any statement—I was not in the Court to hear it, but when I read the paper, I knew that 4 o'clock was the time the portico was entered—have lived next door, but not since 1857—I occupy the whole house my husband is a walking-stick dresser, and lives with me—I left him at home this morning—the prisoner has been our next door neighbour ten or eleven months—I here been intimate with Mrs. Bentley, and have done work far her—they generally occupy the whole house—I have seen a' young man them—I do not know whether his name is Sinclair—I never heard him called jack—I once beard Mr. Bentley say "John"—I never went into the house when then was any stranger there, only through the yard, when he washed himself—I saw a man there for a few days—I do not know whether he was John, or Joe—I did not see him on 30th July—it was before that—I have not seen John drive up with a pony and cart—you cannot get a cart down our place, nor have I seen one near our place—I never saw John with any bag—I never spoke to him—I have only seen him go through the yard—I have never seen this bag, and have not seen it yet.
COURT. Q. How can you deny seeing a bag, when you did not know what bag was alluded to? A. I never saw it—I have seen many bags in my life—I will look at it—I never saw it.
MR. BESLEY. Q. Have you had conversation with the prisoner? A. Yes—I do not know what he is—I never know him to speak to till he had been there a month, which was eleven months before—Mrs. Bentley was not an acquaintance of mine, only by doing work for her—I have seen him with pigeons a good many days, the whole day—I never saw him doing any work except at the pigeon house; I saw him making that—I never learned from him that he was going to any employment—I cannot remember what I was doing last Friday, but I can tell you one thing, I was getting my tea.
COURT. Q. If you cannot remember, do not swear it? You swore you could not remember, and in the same breath you said that you were getting your tea? A. I said that I might be having my tea—I cannot keep everything in my head.
MR. COLLINS. Q. Do you go out charing? A. Yes; every day in the week, Friday and all, but I get home on Friday, and do my own work—I have a regular situation—I remember, perfectly well, washing my clothes tat Friday week—I dry them in the yard if it is fine weather, and from there I have a good view of everything in the prisoner's yard, and I saw him during the day—I was examined before the Magistrate.
ELLEN ALLUM . I am married, and live at 7, East Place, West Square—on 30th July, I saw the prisoner looking at his pigeons—I saw him all day in the yard; he very seldom went out—I saw him all the afternoon, till about 4.30—I think he went in then—I can see them at tea, if I go up the yard—I know it was Friday, 31st July, because I was whitewashing my kitchen.
Cross-examined. Q. Did your husband know that you were white washing the kitchen? A. Yes—he is not here—he did not help me—he has got his work to do—I made the whitewash myself, and put it on—it is a small kitchen—it took me two hours, as I also washed the paint—I did not borrow a brush—I have one of my own—that is the tot time. I have
done it since I have been there—my husband came home in the middle of it—I had to leave off to get his tea at 5 o'clock—I have never said any-thing about washing the kitchen before to-day—about 4.30, or from the to 5 o'clock, I heard Mrs. Bentley say to the prisoner, "Come in to your tea, Bentley," and I saw him at his tea—I saw Mrs. Simms there—there were no clothes in her garden, but there were cloths in Bentley's garden—there were no lines in Mrs. Simms' garden—it never hangs anything out there, because there is a shed—I have not been in Court—I was turned out—I have only been intimate with Mrs. Bentley, by speaking to her over the palings—I do not know John Sinclair but I have seen a stoutest man at Mr. Bentley's on Saturday nights—I had never been there before this happened—he let the pigeons out ever day—I have only lived there four or five months—Mrs. Bentley told me on Thursday that he was charged with burglary—she did not tell me the day, and I did not know the day the burglary was—she said on Thurs day that a robbery was committed, and that Bentley was taken no suspicion, and it was on the Friday I was whitewashing, and I said, "That was 30th July"—I told the Magistrate that I was cleaning the kitchen—I did not say, "Whitewashing"—I did not notice that that was not put down—I said that I was whitewashing on 30th July—I did not make a note of it—I knew it by my sister coming up from the country—she is not here.
MR. COLLINS. Q. Where is she now? A. She has gone back—she did not come that day, she did not come till Saturday—my husband is a gas fitter, and goes to work every day.
He was further charged with having been convicted at this Court, in April, 1857, to which he
PLEADED GUILTY.**—The police officers stated that the prisoner had already undergone Sixteen Years' Penal Servitude— Twenty Years Penal Servitude.
MR. POLAND conducted the Prosecution.
EMMA EASTGATE . I am barmaid at the Three Tuns, Borough—on 26th or 27th August, the prisoner came for a glass of half and half, which came to 1 1/2 d.—she gave me a shilling—I sounded it, and having a doubt of it, put it behind the till, apart from other money—I gave her change, and she left—about five minutes afterwards I bent the shilling, and found it to be bad—I put it on a shelf in the bar, where there was another bad shilling, which I had taken previously—on the following Saturday the prisoner came again—I knew her directly—she asked for a glass of half and half, and gave me a shilling—I put it to ray teeth, and said, "This is a bad shilling, and this is not the first you have given me; I can swear to two bad shillings you have given me"—she said, "I did not know it was bad"—she also said, "A gentleman gave them to me, who I have been in the habit of meeting"—I gave them all three to the constable—I gave her in custody—she gave me 6d. for the half and half, and I gave her 4 1/2 change.
shillings—the prisoner was searched at the station, and 5 1/2 d., a purse, and a key was found on her.
The prisoner produced a written defence, dating that she received a shilling from a gentleman; and when she paid it away for some half and half the barmaid charged her with having passed two more.
GUILTY — Two Months Imprisonment.
GEORGE KNOWLES KITE . I am a shoemaker, of 13, Bedford Row. Streatham—I sell tobacco—on 11th September, about 8.15 a.m., I served Thomas with half an ounce of tobacco—she gave me a shilling—I put it in my pocket—there was no other money there—I gave her the change, and she left—a few minutes afterwards the boy came in for some matches and half an ounce of tobacco—he gave me a shilling—I put it in the same pocket, and gave him 10d. change, and he left—about a quarter of an hour afterwards I went to a butcher's, took the two shillings out of my pocket, and found they were both bad—the butcher's wife discovered it—I met a constable, gave the two shillings to him, and told him what had occurred—I went with him to Tooting Common, about a hundred yards from my shop, and saw Barron, with his face disfigured and his cheeks bleeding—I took off his hat, and looked at him—I said, "I am not quite sure, for he had not this mark on his face this morning;" but when the mark was off his face I identified him, and he was taken in custody, and the girl also—they had both been to my house previously; but not together.
WILLIAM STONER . I live at 14, Bedford Road—on Saturday, 11th September, between 8 and 9 o'clock, I saw the prisoners standing together at the other side of the road, opposite my shop—I saw the girl come across the road—the boy remained on the opposite side for a short time—the girl did not join him again.
GEORGE KNIGHT (Policeman W 18). On Saturday morning, 11th September, I met the prisoners, with a female, about 100 yards from Mr. Kite's shop—Mr. Kite gave me a shilling, and I went with him towards Clapham Common, and saw Barron carrying a can of water towards a clump of firs—the prosecutor spoke to him, and took his cap off, but was not certain of him—we then proceeded, and found three women, and the girl Thomas—I left Kite behind, and then gave him a signal to come up, and Thomas went into the firs—Barron left his can of water, and ran over the railway bridge and hid himself in some firs—1d. was found on Thomas at the station, and nothing on Barron.
Barron's Statement before the Magistrate: "I carried a parcel to Streatham railway station on Friday night, and the gentleman gave me a shilling. I took it next morning to the gentleman, and he gave me change."
Barron's Defence. The money belonged to a man on the common.
BARRON— GUILTY—Recommended to mercy by the Jury, on account of his youth — Three Months' Imprisonment, and Four Years in a Reformatory.
MR. FORBES conducted the Prosecution.
live at 42, Grettou Road North, St. George's Road—on Thursday afternoon 2nd September, about 3 o'clock, I met a man named Ellis, and went into the Prince Regent, at Walworth—we had some half-and-half, and while we were drinking the prisoner and two others came in—they got hold of at; friend's beer, and seemed to know our Christian names—they Neded him and Joe'd me—I thought that my friend knew them, and he thought that I knew them—I said to Ellis, "I must go along home, and pay for the ton of coals, and surprise my wife"—I left the three men with Ellis—I got round to the end of North Street; when I got to the Rising Sun I was caught by the shoulder, and someone said, "Halloa Joe, stand a pot, old man"—I looked up and saw the prisoner, and the two other men, standing round me—I stood a pot, and left to go on my way home—just as I got to the Masons' Arms I was seized again, and the prisoner said, "Joe, old man stand another pot"—I said I had stood one already, and they said it was only a suck—I stood another, for the purpose of getting rid of them—I took out ray bag to pay for it—I went on towards home again—I went into the Sandford Road, when I stopped for a moment—I then walked on a couple or three steps—I was seized round the neck by the same three men—they tried to get at my pocket—they could not do that, and slit my trowsers up, and tore the pocket right out, where the canvas bag was—they let me fail, and ran away—I was kicked—it was about teu minutes before I recovered myself—the pressure on my throat took away my speech—after I recovered myself I went to the police-station, and gave information—I got two constables, and we came along the road to the Rising Sun—I looked in at the door, and saw the three men in the bar—they saw me, and two of them ran out of the middle door, and the prisoner took the side door, and went towards East Lane—I followed at a little distance—he was walking brisk—the constable was further ahead, and as he passed him he put his head on one side and tried to go past—I put up my hand, and the constable said, "Ginger, I want you"—he said, "No, you are mistaken"—I said, "No, I am not; you were one of the three"—I lost 23s. in money, and a ticket belonging to the market—amongst my money was an old smooth half-crown—I have seen that since, at the station-house, after the prisoner had been searched—I could swear it is the same I had in my possession—I told the policeman that if there was a half-crown with a piece off the edge, it wits mine—that was said in the prisoner's presence—these are the trowsers that I had on at the time (produced).
Prisoner. Q. When you first saw me in the Prince Regent, were than any females there? A. There were two came across—I paid for a quartern and half of gin between them and Mr. Ellis—they went away after that—I never gave you the half-crown.
EDWARD ELLIS . I am a carpenter—on 2nd September, I was with the prosecutor, in the Prince Regent—we had something to drink, and two young women came across that I knew, and had a drop of gin with us—while we were there, the prisoner and two others came in, and began to get themselves in our company—we had two pots of half-and-half together—the prosecutor went out to go home, and the prisoner said to me, "Has Joe gut any posh on him?"—I said he had got a few shillings in his pocket, and that is what he wants to pay for a ton of coals for his wife—I went out to see if I could see Joe, and I saw him going up the middle of the street—I went into the Prince Regent again, in about ten minutes, and the prisoner and the others had gone—I saw the prosecutor pull this half-crown out of his pocket to pay for the beer, and he said he would not change that, for he
had had it in his pocket a good while, and it was going towards paying for the coals.
JOSEPH JACKSON (Policeman P 231). On the evening of 2nd September; I was on duty in East Lane, between 7 and 8 o'clock—I received some information, and went towards the police-station, and met the prosecutor and two constables—we went first to the Mason's Arms, and then to the Riling Sun—the prosecutor was in advance of us—he and another constable went on to North Street, and I saw the prisoner coming along, with his hat over his free, walking at a good stiff pace—as he passed me, I took hold of his hat and lifted it up, and said, "Ginger, stop, I want you"—the prosecutor came up and said, "That is one of the men who robbed me"—I said to the prisoner, "You know what the charge is"—he said "All right"—I said, "He charges you with stealing 23s., with two other men"—he said, "I think he has made a mistake"—I took him to the station—the prosecutor said, "If he hits a half-crown with a piece out of the edge, it is mine"—I searched the prisoner, and found two half-crowns, a sixpence, and 4 1/2 d. in copper—the prosecutor identified one of the half-crowns.
Prisoner. Q. Which way did I come when you saw me? A. From South Street, towards the Rising Son, on the opposite side to where the constable and prosecutor were.
Prisoner's Defence. The policeman says I was coming towards the Rising Sun, and the prosecutor says I ran out of the side door, and as to the half-crown, I tossed him for two pots of beer. I gave him 6d. for the half-crown. He was too drunk to know who it was that robbed him. We had been drinking all day long. I never went thirty yards from the spot, and if I had done anything wrong I could have got away.
GUILTY †— Eighteen Months' Imprisonment.
MR. FORBES conducted the Prosecution; MR. OPPENHEIM defended
LEMON. V LEMON . I live at 5, Russell Street, Rotherhithe, and am a clothier—about five minutes to 12 o'clock on 17th August—I came home with a friend—I wished him good night at my shop door, and he went away—a man came in and inquired the price of a pair of trowsers—he said he did not want to purchase them then—the two prisoners came in while he was speaking, and they then began to talk politics—I told them I was no politician, and then they began talking about Gladstone making rules and regulations that foreigners are able to take possession of English ground—I told them I was no law maker or breaker, and asked them to be kind enough to leave, as I wanted to go to rest—with that they all throe began making use of very bad language—I said, "I don't want such bad language here"—they then began making use of worse expressions, and I told them if they did not go out, I should shove them out—Henderson was sitting on a chair—I took hold of Hasluck and the other, and shoved them out—Henderson said he would not go—I got him by the collar and shoved him out, and shut the door—he sang out, "My finger is in the door"—I opened it again, about an inch, and shut it again—they then began kicking and knocking at the door, until they burst it open—I went out to see if I could see a policeman, and give them in charge—I went about five or six yards down the street—they "to away when I opened the door—I saw thorn coming back towards me,
and Henderson said, "Take this, Joe, and put it into his b—head; he has squeezed my finger"—I got to the front of the shop, and Hasluck was from the other side of the road, with a knife, and stabbed me in the head over the left eye, and on the side of the eye—I put up my hand to defend myself, and got a stab in the wrist—there are several cuts on my coat sleeve, which I received in defending my head—I found I was bleeding, and ran across the road to a chemist's shop—Haaluck and the others all ran away, I knocked at the door of the chemist's shop, and the landlord from the public-house next door came on and took me in—he dressed my wounds; and from that I was insensible and remember no more until I found myself at home, next morning—when I went out, after the prisoners had burst the door open, there was no one else in the street—it was dark, and the shops in the street were shut—I did not use any violence to the prisoner, beyond shoring them out of the shop.
Cross-examined. Q. Did you know that Henderson was mate of a ship? A. I did not—I have heard since that he was mate of the Havelock—I had not been on board her—I do not go on board ships as soon as they came into port, to get orders from the seamen—I do not cash sailors' notes—I never saw the prisoners till they came into the shop—the one not in custody spoke first—they all made use of bad language—Henderson did not say that I had sold a pair of trowsers to a boy, and cheated him; he sat down, and said he would not go out—when I got him out, I tried to push the door open, and got his hand into the door—when the door was burst opea, Henderson ran away—when I looked out, they were three or four doors of—they ran—I did not run after them; I walked after them, to give that in charge—I did not have a crowbar, or an iron bar of any description in my hand—I did not see Henderson's finger bleeding, and a lad binding it up, and I did not strike him with a bar while it was being bound up—these was no violence whatever—I was about seven houses off when I heard Has-luck say, "Take this, and put it into the b—head"—I came back then—I was just outside the door when I was struck; I had not time to get in I don't know who was there, besides Hasluck, when I was struck—I went to the chemist's—I can't say how long I was there, because I was senseless—I have been in business at Russell Street four years—before that, I was in business in Australia—I was imprisoned there for purchasing a pistol.
MR. FORBES. Q. How long was that ago? A. Fifteen years—I kept a store—a party asked me to purchase a revolver; I gave him 3l. 12s. for it—I took it to a gun-maker, to have something done to the lock, and he said it had been stolen—he sent for a constable, and I was taken—I was bailed out, and they afterwards found the thief, and I was liberated—there was a gas-light in the shop, and there was a small lamp at a barber's shop door close by—I saw the prisoners afterwards, and identified them.
MARGARET MURPHY . I am servant to Mr. Lemon—I went to bed about 11 o'clock—I had not been in bed long, when I heard my missus screaming out, "Murder!"—I went down, and saw my master at the door—I saw Hasluok run across the road, with a knife in his hand—he caught my master by the coat, and gave him two stabs in the head, and one on the wrist—he called out, and said, "I am stabbed," and ran across the road to the chemist's, and the publican opened the door and let him in—Hasluck had a blue Guernsey on—the prisoners were brought back to the house—about a quarter of an hour after, the police came—I saw the police take two knives from Henderson's pocket.
Cross-examined. Q. Did you say anything before, when you were examined,
about the knives being taken from Henderson? A. No, I was not asked—I have, not talked to anyone about this—I only saw Hasluck when I came down stairs.
GEORGE WAITE . I am a shipwright, and live at 20, Lower York Street, Rotherhithe—I was passing Trinity church, on 17th August, between 12.15 and 12.30—that is about 150 yards from Russell Street—I heard cries of "Murder!" and "Police!"—I ran to the top of Russell Street, and saw three men on the opposite side of the road to Mr. Lemon's shop—I saw one of them rush across the road, and burst open the door with his foot—I could not see who that was; I was some distance off—Mr. Lemon ran out of his shop, and they ran down the street—he came out, and then he came back to his shop door—I want up and spoke to him, and while. I was speaking, Hasluck came towards us—I stepped a pace back, and Hasluck went up to Lemon, and struck him, as I thought, with his fist, several times—he then ran away, and I saw a knife in his hand—Mr. Lemou rushed across the road, saying he was stabbed—I went after him, and-took bold of him—the blood was pouring from him—I did not see any iron bar in his hand—I should have seen it if he had—I did not see him attempt to strike Hasluck—I went in with him to the public-house, and attended' to his wounds—I afterwards helped to remove him to his own house—I was quite a stranger to him before this happened.
Cross-examined. Q. The first thing you saw was the man kicking the door open? A. I saw him burst the door open—I did not see what took place before that—I don't know what became of the prisoners after they ran down the street—it was dark—there was no one else down the street—I did not see any looking out of their windows.
Hasluck Q. How far was I from Mr. Lemon. A. Close against his door, on the pavement.
MR. FORBES. Q. When the door was burst open, did the prosecutor run after the prisoners? A. He ran after them a little way—it was dark, and I did not see whether he overtook them—he had no iron bar in his hand when he came back—it was not a moment before he came back.
ANDREW HANSON (Interpreted). I am a tailor, and live with Mr. Lemon—on Tuesday, 17th August, I heard Mrs. Lemon sing out, "They have broke the door open"—I looked out of window, and saw Henderson—I ran down, and Mr. Lemon was then standing by the door—I saw Hasluck run across the road and strike him on the head with a clasp knife—as soon at be struck the blows he ran down the street—the prosecutor had no iron bar in his hand at the time he was struck.
Cross-examined. Q. Did you see the door burst open? A. Yet—I, saw four men there altogether, but the two prisoners were at the door—I was looking out of the second storey—the window was over the door—I was looking down on the top of the men's heads—I did not tee the men's faces, but they ran across the road towards the door.
Hasluck. Q. How far was I from Mr. Lemon's shop? A. About two yards.
JOSEPHUS SHAW . I am a surgeon—I examined the prosecutor shortly after the wounds were inflicted—there were two incised wounds on the head—one above the left ear, about two and a half inches long; the other at the corner of the left eye, about a quarter of an inch long—there was
also another on the left arm—he had lost a great deal of blood—they might be inflicted by a knife like this (produced)—they were dangerous wounds—I treated him for about three weeks, and he still suffers.
WILLIAM EVERITT (Policeman R 204). On Wednesday morning, 18tk August, I was called to Russell Street, and went to Mr. Lemon's, with another constable—there were several persons outside the shop—the two prisoners were inside—Mrs. Lemon spoke to me—I searched Hasluck, and found nothing on him—I turned to Henderson, and he gave me two knives from his pocket—on one of the knives I found about two-eighths of an inch of wet blood—this piece of lock was handed to me—it was broken off when the door was smashed in—I took the prisoner in charge—Henderson I appeared to be a little excited about his finger, and he cursed very ranch—Hasluck said nothing—Henderson's finger was smashed a good deal—I had seen them go into Mr. Lemon's shop before this—I stood and watched then till everything was quiet—I did not see anyone about there offer Mr. Bolton closed.
Cross-examined. Q. What is Bolton's? A. A public-house—it was about 11.55 when I saw them first—I saw Mr. Lemon go in and bid him "Good-night," and then I saw the three men cross from Bolten's and go into this house—I was patrolling there on duty—I did not see anything till I was sent for—280 R was in the shop when I went in—I did not know that he had taken Henderson and brought him there—Henderson produced the two knives, and gave them to me—I did not pull them out of his hand-Henderson was suffering great pain in his finger, I believe—he said, "Give me the knife to cut my finger off"—it was not bound up—it was bleeding, and he appeared to be very excited.
MR. OPPENHEIM called the following Witnesses for Henderson.
CAROLINE CARTER . I reside at 10, Russell Street, Kotherhithe, five doors from Mr. Lemon's—I keep a greengrocer's shop, and my husband is in the employ of the Surrey Dock Company—about 12.30, on 17th August, I was in bed—I heard screaming, and the noise of a door being burst open—I got out of bed and opened the window—I saw Henderson in the middle of the road, near Mr. Lemon's door—a boy was standing near him—Henderson said, "My God! my God! my hand is smashed!"—the man and the boy went a little way down the street, nearer my door—two men went up to Mr. Lemon's door, and burst it open, and said, "Come out, and see what you have done to this poor man's hand"—he came out with a weapon in his hand—it looked like an iron bar—he said, "You b—, I will let you know; you shan't burst my door open"—he came out and passed my door, following the two men, until he came up to Henderson, who was standing in the road, and the boy was tying his hand up with a handkerchief—Lemon went up to him, and struck him on the arm and back with the weapon he had in his hand—he then went down the street after the two men—Henderson and the boy stood at the same place in the street—I did not see him return—Lemon came back to-wards his house, and I saw two men following him—I heard him cry out, "I am knifed! I am stabbed!"—Henderson was still standing opposite my door—he afterwards went on towards the docks—I had not seen him before that night.
Cross-examined. Q. Which side of the road do you live? A. The same side as Mr. Lemon—I distinctly saw the boy bandaging Henderson's finger—there was a lampin the street—after Lemon came out and struck him, they stood there, and the boy went on bandaging his finger—he was crying with pain—the
other two men went about four doors from where he was standing—I did not see whether Lemon struck them with the bar—he turned back, and the two men followed him—they passed Henderson on their way back—I did not see the stabbing—I heard him cry out—Henderson was standing about five doors off at that time—I have known Mr. Lemon for about fire years, since he has lived in the street—I have had to put up with many insults from a man in his employment—his nephew—he had been in the place about four months—I went once to Mr. Lemon's door about it, and he threatened then he would give me fourteen days' if I did not leave his door—I have had a great deal to put up with from him—I don't know from what cause—I don't owe Mr. Lemon any enmity—Hanson struck my little boy, of eight months, one day, and I took him to Greenwich for it—they granted a summons for it—the charge was dismissed, and the Magistrate cautioned Hanson not to insult me again—that was about three months ago—I never endeavoured to get Mr. Lemon to dismiss him—Mr. Lemon threatened to have me looked up if I came annoying him.
COURT. Q. You say you saw the prosecutor come out with something in his hand? A. Yes—I did not see the door burst open—as far as I know, it was not burst open at all—the weapon was about a yard long that the prosecutor had in his hand—he bad it with him when he came back from following the men—I Saw Henderson brought up the street, and I halloaed out, "That is not the man"—he was standing in tile road when Mr. Lemon was stabbed.
WILLIAM RASBRIDGE . I reside at 45, Russell Street, Rotherhithe—I am a postman, and have been for twenty-five years—my house is almost opposite Mr. Lemon's—on 17th August, about 12 o'clock, my wife woke me up, and I heard a noise close by my door—I got up, and opened the window—I saw Mr. Lemon's door suddenly slammed to, and a poor fellow called, "My God! my God! they have broke my hand!"—he was standing With his face towards the door, and there were two men in the gutter—one of them went and kicked at the door very violently, and burst it open—that was not the man who had had his hand smashed—he went into the street after he got his hand out—the door was shut to again after that—Mr. Lemon opened the door, and came out with a weapon in his hand, about a yard long—he followed the men, and struck the one who had had his finger smashed across the arm with it—he was in the middle of the road, opposite my window—someone was doing something to his hand—Mr. Lemon struck one of them across the arm, and the other on the back—he then chased the other men down the street—I saw him return again to his shop-door—I can't say whether he had the weapon with him then—the men came up just as he got to his door, and I heard Mr. Lemon sing out, "I am knifed! I am stabbed! if you are English, fetch the doctor!"—I don't know what became of the men after that—I did not come down—I saw nothing else, and went to bed.
Cross-examined. Q. Had any kicking been applied to the door? A. Yes—one of the men kicked the door, and he came out with the weapon then—I can't say whether it was kicked open or whether Mr. Lemon opened it—Henderson and the boy were under my window when he came out—they did not move from there until after the whole affair—they went away down the street after Lemon was stabbed—they moved a little further down after Lemon struck them, nearer Miss Carter's house—I don't know either of the prisoners—Henderson said nothing to Lemon after he was struck—I did not see Lemon do anything to the other man with the
weapon—I was subpoenaed here last Thursday—when Lemon came back he passed Henderson—he was on the pavement aud Henderson was in the road—I did not hear him say anything about sticking a knife into him.
GEORGE LEECH . I reside at 4, Park Place, Rotherhithe, and am a Custom House officer—on the morning of 18th August I was on duty at the gate of the tidal basin of the Commercial Docks—I saw Henderson with a boy—he came up to the gate and asked the watchman on duty something—the gate was not opened—my attention was called to his hand, by his calling out—he seemed to be suffering pain—Hasluck and the mate of another ship came up, and Henderson and the boy walked from the gate on to the pier head, and sat on the capstan bar, about twenty yards from the gate—281 R came running up to the gate, out of breath, and said to the watch-man, "Hare you let anyone in?"—he said, "No"—I fetched Henderson from the pier head, and gave him into custody—I said, "This man has had his finger cut"—he gave the other man into my custody, and we took the two prisoners down to Mr. Lemon's—204 R came in after we had been in the shop about ten minutes—I did not know that Henderson was mate of the Havelock—I can't swear that there was a ship of that name in the docks—when I went to him he said he had been hit on the back and arm, and if there was any stabbing it was done after he left—the policeman had said that Lemon was stabbed—I said to Henderson, "There is a Mr. Lemon down Russell Street has been stabbed, how did you get your finger hurt!—he said, "I will come along with you, I am innocent of it"—and so he said when I gave him into custody.
EDWARD HADDEN (Policeman R 281). I was on duty in Trinity Street, on 17th August—between 12 and 1 o'clock, I received information, and went to Bolton's public-house, and found Lemon there, wounded—I went to his wife, received some information from her, and went towards the docks—I saw Henderson sitting on the pier-head, and he was brought to me by the last witness—I asked him to assist me, and we went towards Lemon's—as we were going I saw Hasluck under the bridge, and we took him with us—I saw the two knives given up—they were taken from Henderson—Mrs. Lemon was in the shop, and she pointed to Hasluck and said, "That is the man who stabbed Lemon"—I did not see a boy with Henderson at the dock-head—he was with another man—he did not say anything to me.
Cross-examined. Q. When you first went to the dock gates, did you see either of the prisoners? A. No, I saw Henderson afterwards, on the pier-head; he was pointed out to me by the watchman.
Hasluck's Defence. What I did I did in self-defence.
GUILTY .— Eighteen Months' Imprisonment each.
MR. DAVIN conducted the Prosecution.
CATHERINE SHEPHERD . I live at 19, Davis Street, Lambeth—on the evening of 11th August last, I was sent into Lambeth Walk—the prisoner came up, and asked me which was Lambeth Walk—I told him he was in Lambeth Walk—he said, "Can you tell me the way to the New Cut"—he followed me up the Walk to Regent Street—I went into a shop—when I came out, he was outside—he followed me back, and said, "Take the things home, and come again in five minutes, and I will give you some new clothes—I went home and told my mother—father wanted me to fetch some
tobacco, and they told me not to feel frightened—I went up to the prisoner, and he said, "Here you are; come along, and I will buy you some new clothes"—he asked me whether I should like to go to his house, and cook his dinner, and he would dress me up nice—he took me down some dark turning, and kissed me three times; and while he was doing that, my mother come up—he said he had a nice home for me, and he had no one to love, and he would like a little girl like me to love—he did not say anything about the time I was to meet him, to go home with him and cook his dinner—he said, could I meet him at 10 o'clock on Monday night, and if mother would not let me come away from my home, I was to run away.
Prisoner. Q. Where were you when I came to meet you, at 10 o'clock on Monday night? A. At the top of Regent Street—you proposed meeting there—you were with me about half an hour—you made no appointment—you asked me to meet you on the Monday—I said I should ask my mother first—I don't know what an oath is—you said you would meet me at 10 o'clock on Monday night, and give me some new clothes—you followed me from Lambeth Walk to Regent Street—you did not speak to me then—you asked me first which was Lambeth Walk, and then you followed me—I kept looking behind me—you spoke to me again after, I had been home—it was about half an hour from the time you first spoke to me till my mother came up—I was away from you about five minutes—I ran home—you asked me if I went to school, and I said no, I did not—you asked me if I could read or write—I said, "No"—you said, "That is a pity, if you were my girl, I would send you to school, and dress you up"—you did not say anything to me indecent, or handle me indecently—you asked mo for a kiss, and I gave it you freely—I don't think you had had any ale—you asked me if I should like some, and I said not, I was a teetotaller.
THE RECORDER, having consulted MR. JUSTICE BRETT, was of opinion that this evidence did not support either Count of the indictment.
NOT GUILTY .
887. JOHN HEAD (17), and WILLIAM LEES (17) , PLEADED GUILTY to a burglary in the dwelling-house of Elisha Jos. Allson, and stealing a musical box and 60l., his property— They received good characters—Six Month's Imprisonment each.
Before Mr. Justice Hayes. [Pleaded guilty: See original trial image.]
MESSRS. POLAND and COLLINS conducted the Prosecution.
ELIZA RAVEN . I live at 51, Ripley Street, Newington—I have been in service at Hertford, but have left nearly four months—I know the prisoner well; he has lived next door to us these eight year—I have never kept company with him; but I have met him at the top of the street—on Saturday night, 21st August, I was walking out, at 12.30, with my sister, as my father and mother had a little company—I heard footsteps behind me, and the prisoner came up, and said, "What did you put your foot on my mother's door-step for?"—I said, "I never done no such thing; I have been out at work nearly all day; if you come in the corner, I will tell you all about it"—his mother and mine had had a few words—his mother keeps a few girls to make paper bags, and they had insulted my
mother—he said, "Take that!" and drew a pistol out of his trowsers pocket, and fired it at me—I held my hand so, as I thought he was going to strike me—I saw a flash of fire, but did not hear much report—I do not remember any more—I was hurt on my arm; here are a few marks left now—my sister was close to me.
JANE RAVEN . I am a sister of the last witness—I was with her—he came up, and said, "What did you put your foot on my mother's door-step for?"—she said, "I did not; and if I did, I did not mean it in any harm your mother's work girls does it to my mothers step"—he then put his hand to his trowsers, took a pistol out, and fired it at my sister, saying, "Take that!"—I was hurt in the face, neck, and eyes—I bled—my sister was taken home—she was just upon fainting away.
BENJAMIN POLLEN (Policeman M 129). I heard a report of firearms, and a cry of "Stop him!"—and saw the prisoner run away, pursued by a crowd—I followed, caught him, and asked him what he had been doing of—he put his hand towards his left coat pocket, and said, "Here is the thing I have done it with," taking this pistol out—I took him up to Eliza Raven who charged him with shooting at her—I searched him, and found seven percussion caps, in paper, in his left waistcoat pocket, and some others, loose, in his trowsers pocket—I saw the other constable find bullets in his coat pocket—the pistol was warm, and there was black on the barrel, and an exploded cap on the nipple—he said, "She has annoyed me, and I intended to do for her"—he appeared sober—he was charged, at the station, with discharging a pistol at Eliza Raven, with intent to murder her, and he said that he was guilty.
JOHN MARSH (Detective Officer) At 12.45 on this Sunday morning, I was with Bell and Pollen, and heard a cry of "Stop thief!"—Pollen stopped the prisoner, and I rushed up, and said, "What have you been doing?"—he said, "I had a row with her on Saturday, and I meant to have done it"—I searched him, and took nine bullets from his right waistcoat pocket—Pollen took this powder from his right-hand waistcoat pocket, and handed it to me—I have tried two of these bullets, to see if they fit the pistol—it unscrews—they will not go into the muzzle.
THOMAS HENRY WENTWORTH . I am a surgeon, of 221, New Kent Road—on the morning of 22nd August, I was called to Eliza Raven—her arm appeared to be burnt with gunpowder, from the elbow to the back of the hand—I should say that the marks were done by coarse gunpowder—I do not think it could have been caused by anything else—at first, it appeared that there might have been shot, but afterwards it appeared to be only coarse gunpowder—I examined the sister; she was injured just under her chin, and there were a few spots on her face, not burnt, but having the appearance of shot—I think it is possible that coarse gunpowder would inflict the injury—the girls were not seriously injured.
COURT. Q. Was it the side of her face and neck? A. Jane Raven had one or two scars on her chin; seven or eight scars altogether, which, the first night, were raised, as if there might be shot in them, but afterwards the round feeling subsided, and therefore I was more inclined to think it was coarse gunpowder—I call the injury a burn—you might call it a wound; it was a very slight wound—Jane Ravens might, certainly, and with propriety, be called a wound; it was slightly bleeding.
ROBERT BELL (Detective Sergeant M). I have known the prisoner twelve years—I went to his cell on Sunday morning, having heard that he wished to speak to me, and said, "What do you want to know with regard to the
welfare of the girl?"—he said, "How is she going on?"—I said, "Very well, how do you expect she can be going on, after you firing at her in the way you did; you nearly blew her arm to pieces, there was enough powder in that pistol to have blown her side open"—he said, "So help me, God! there was no shot in the pistol, it was a bullet"—I said, "A bullet"—he said, "Yes"—I said, "You must have been a coward, to have used such an implement as that; could you not have done otherwise?"—he said, "You do not know all about it, if other blokes would let her alone, I would; I did not intend to kill her, I only did it to frighten her"—I said, "You have done that," and left the cell—the girl pointed out the spot where she had been fired at, and on the wall, by the side of a door, at 9, Ripley Street, four doors from Harper Street, was a fresh mark, as if something had struck it, and which I concluded, from the freshness and from the situation, might be a bullet.
Prisoner. Q. Where did you know me eight years ago? A. Living in the neighbourhood, getting an honest living, as a paper bag manufacturer—this occurred four doors down Harper Street.
The Prisoner's Statement before the Magistrate:—"All that I say is, there was no shot in the pistol, only powder, and no bullets; nothing else."
COURT to ELIZA RAVIN. Q. Was there any dispute between you on Saturday? A. No, but between my mother and his mother there was—he was away in the City—he was never desirous of keeping company with me—he has walked home with me when I have been at the top of the street.
The prisoner called
MRS. ROUNTBEE. I am the prisoner's mother—this young woman has very much aggravated and annoyed him several times, and annoyed me as well—I do not know that he cared about her, but she said she would bring a lot down to fight him, and he has hit her two or three times—I wonder she did not mention it—I knew she has aggravated him very much, and I know he was very tipsy on Saturday night—he reeled away from the door, and a young man who was with him from 1 o'clock on Saturday—that young man is here—the prisoner is a peaceable, well conducted man—his brother is out of his mind, and is in a lunatic asylum—and I think the prisoner has not been right for two months, for I sent him for a ream of paper into the City three times, and he always forgot, it.
GEORGE DAVIS . I was with the prisoner on this night, from 6.0 to 6.15—he had a drop or two before I saw him, and when I left him he was the worse for liquor—I left him between St. George's Church and Union Street, at 11.45, to go home, and do not know what became of him afterwards—I did not know he had a pistol with him, he said nothing about it.
Cross-examined. Q. How far from his house did you leave him? A. A quarter of an hour's walk.
GEORGE LOCK . On Friday evening I saw the prisoner, and he asked me to go and drink with him, which I did, at the Two Brewers—he said that he was very much annoyed; he was talking about the young woman, and said that one of these times, he should knock her head off—on Saturday, I saw him in Horsemonger Lane, after the last witness left him, but did not apeak to him, he seemed the worse for liquor—I did not know that he had any pistol—I did not notice that he was altered.
Cross-examined. Q. How many times did he threaten this young woman on the Friday? A. I only heard him once—he said that one of these times, when he was out of temper, he should knock her head off.
GUILTY of unlawfully wounding — Six Months' Imprisonment.
ADJOURNED TO MONDAY, 25th OCTOBER, 1869.