CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 31ST, 1870.
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.
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Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 31st, 1870, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir JAMES DUKE , Knt., Sir DAVID SALOMONS , Bart., M.P., Sir ROBERT WALTER CARDEN , Knt., Sir WILLIAM ANDERSON ROSE , Knt., WARREN STORMES HALE, Esq., and WILLIAM LAWRENCE , Esq., M.P., Aldermen of the said City; The Right Hon. RUSSELL GURNET , Q.C., M.P., Recorder of the said City; THOMAS DAKIN , Esq., and ROBERT SCAMULIR OWDEN, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
Sir JAMES VALLENTIN, Knt.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (t) 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, January 31st, and Tuesday, February 1st, 1870.
Before Mr. Common Serjeant.
190. SIMON FERDINAND FELDMAN (30), was indicted for unlaw-fully removing, concealing, and embezzling part of his property within sixty days of being adjudicated a bankrupt, with intent to defraud his creditors. Other Counts—For conspiring with one David Davis, with a like intent.
MESSRS. METOALFE, BESLEY, and WHITAKER conducted the Prosecution; and MR. SERJEANT PARRY, with MR. F. H. LEWIS, the Defence.
BENJAMIN NICHOLSON . I am an accountant, in Gresham Street—I was appointed under the prisoner's bankruptcy to investigate his affairs, shortly after the adjudication, which was on 6th September—I received the books of the bankrupt into my possession—I have carefully gone through those books, with a view to ascertain the state of his affairs—I have received no invoices for the year 1869—up to July, 1868, the invoices were pasted in a book in the ordinary way—I have not been able to get the invoices from that time; that has very much impeded my research into the books—I applied to some of the creditors for copies, and received some; but was not able to get all, not sufficient to enable me to make complete inquiries—I got no original invoices—I am now referring to an account, which I examined with the books, and can speak to—the total amount of the prisoner's purchases in the first three months of 1868 was 1426l. 13s.; in the corresponding three months, in 1869, it was 1867l. 14s. 6d.; in August, 1868, the purchases were 360l. 7s. 11d.; in April, 1869, they were 2088l.; in May, 1868, 692l.; in May, 1869, 1850l.; June, 1868, 464l.; June, 1869, 2116l.; the total of those three months, in 1868, was 1517l.; the total for those three months, in 1869, was 6055l.; making an excess of 4500l. in those three months—the difference between the first three months, in 1869, 1867l., and the second three months, 6055l., was nearly 4200l.—the sales for April, May, and June, 1868, were 3034l.; the sales from April to June. 1869, were 3918l., being an excess of 884l.—that leaves an excess of
purchases over sales of over 3000l.—I can't account for that; I can't account for about half of it—the stock that was actually realized was a little over 1700l.—there is a surplus of stock unaccounted for to the extent of about 1500l.—that is without taking into consideration any profit to the prisoner on these sales, treating the sales as at cost price—if there were any profits, that would considerably increase the deficit—the debts due to the bankrupt were nearly 1000l.; the total assets about 2900l.; the total debts about 6500l., 750l. of which were customers' dishonoured bills; the deficiency, as between the assets and debts, is 3000l., 800l. being treated as liabilities—the bills represented goods that had been sold to creditors—in August, 1868, he was indebted to trade creditors about 1000l.—I don't place any great reliance on those figures; but that is the best I can get from the books—I can't state the amount owing to him at that time—I was not satisfied, from the examination I made, that my figures were correct on that point—the bankrupt admits to 600l. or 700l. of stock in hand at the beginning of January, 1869; but there are no figures in his books to give me any proper data—I have never received from the bankrupt, or from the books, or in any way, any solution of the 3000l. deficiency.
Cross-examined by MR. SERJEANT PARRY. Q. As far as you were concerned, I believe it was simply as an accountant, without any previous knowledge of the bankrupt's trading? A. Quite so—I have verified the accounts—I have been over all the principal items, the purchases and sales in each month—his indebtedness, at the time of his bankruptcy, was about 6500l., 750l. of which arose from losses and bad debts—he also sustained losses, during the short remaining period of trading, of about 400l. more—that would account for about 1200l. of the deficiency; that is what I call trading losses—there would have been about 3000l. assets to be divided among the creditors—that would be about 10s. in the pound—1853l. was the amount unaccounted for—I have no knowledge of the cost price of the stock which the bankrupt surrendered to the assignees—it sold for about 1700l. at public auction—I believe it was not a forced sale; the prices realized were very high; subject to that, it was a forced sale—the invoices that are missing are all the invoices for three or four months prior to his stoppage, from July, 1868—I do not know that those invoices were, at one time, given up to Mr. Lovering, or Mr. Wyatt—I know the bankrupt so alleged, and that Mr. Lovering denied it—I was employed by the assignees some time in September—I was first employed by some of the creditors; by Mr. Barren, he was the largest creditor—I know, of my own knowledge, that the prisoner has been in business since 1861; he failed then, or in 1860—I don't know that he was enlarging his premises in March, 1869—I don't know what stock he had at that time—I have no data upon which to arrive at that result—supposing his stock was very low at that time it would make a difference in my calculation—I have estimated his stock at 1000l.—if he had not that stock it would go to hid credit, and if he had more, it would go to his debit—he kept a book, which contained the totals of the invoices; but the details were absent, because the invoices were not forthcoming; it contained the creditors' names—if I had had the invoices I could have seen what class and description of goods had been supplied; as regards the amount it did not mutter—the total purchases for the first three months, in 1869, was 1867l., and the total sales for the same period 2630l., the difference being 760l.—the purchases should also include the manufacturing wages, in order to get the difference between the two—the wages is part of the
cost of production—they would be 507l.—I find that in the books; therefore the proper difference would be 255l.—I did not take into account all his trade expenses in this balance sheet, neither did I take into account his profit; that, of course, I could not arrive at—I have given him credit for the full amount of the bad debts, 400l. and 750l.—I ought not to have taken his trade expenses into account in the balance sheet, because that simply showed the state of his affairs at the date of suspension, that he owed so much and had so much.
MR. METCALFE. Q. If you had had the invoices, would you have been able to ascertain exactly the amounts and the different qualities? A. Yes—the defendant made an assignment in 1860 or 1861—he was not bankrupt.
COURT. Q. Did the books furnish you with the amounts paid for the purchase of goods? A. Yes, but not with all the amounts received on the sale of goods—they were deficient in that respect, but the bulk of them they did—I had to add to the cost price of the goods, the cost of manufacture—I could not tell the profit from the cash book, it was not kept in a manner I could rely upon—I have relied simply upon the sales, the estimated stock at the beginning, and the actual stock at the end—the difference between the cost of the purchase and the manufacture added together, and the receipts, would show whether the business had been carried on at a profit or loss; in the absence of that, I cannot say whether the sales were remunerative or not—the bankrupt stated that he made 7 1/2 per cent profit on his trading—the amount of his purchases in July and August, including the price of production was about 955l. in round numbers, and the sales 1373l.—he did not fail till 4th August—he sold 130l. worth of goods the first four days in August.
GEORGE BLAGROVE SNELL . I am the official short-hand writer to the Court of Bankruptcy—I was appointed to take noted of the proceedings in Feldman's case—the transcript is on the proceedings—the first examination was on 20th September, the next on 29th, and the next on 5th October—(Extracts from the bankrupt's examination were ready in which he stated that he had given up all his property to the man in possession; that he had not sent large quantities of his goods to David Davis in June last; and that cheques for various amounts, which were referred to, were given by him to Davis in exchange for sums lent to him by Davis)—There are entries in the ledger of sales to Davis, on 20th June, 17s. 8d.; and on 30th, 15l. 18s. 11d.—Davis was examined on the 29th—I took notes of his examination—I was present at the Bankruptcy Court on 10th November, when the Stargardters and other witnesses were examined—I took notes of their examination—I don't think I saw Feldman and Davis there that day—I think they were there, but I could not say positively.
Cross-examined by MR. SERJEANT PARRY. Q. Do I understand the answers which the bankrupt gave in reference to the cheques, to amount to this, that they were post-dated cheques, given by him to Davis, in exchange for loans he had made to him? A. That is the inference I should draw from the evidence.
MR. METCALFE. Q. Will you turn to the day-book and see what the entries are on the 29th and 30th? A. On the 29th there is" D. Davis, 17s. 8d. and on the 30th, 15l. 18s. 11d.
WILLIAM JOHN BARRON . I carry on business with my son, in Aldermanbury, as leather and shoe merchants and warehousemen—I had dealings with Feldman for some years—I was acquainted with him in 1861—he made an assignment to me at that time for the benefit of his creditors—after that I still traded with him—in April, 1868, I had a conversation with him—I took a memorandum of it at the time—he called on me and applied to have a drawing account, he hitherto having had discount on monthly accounts—the reason he gave was that a gentleman with whom he had been in the habit of having a drawing account at four months had failed, and he wanted to know whether I was disposed to supply that—I asked him some questions, upon which I went down to his place—he told me that he had taken stock about nine months previous to that, and he then had a surplus capital of 1500l.—upon that showing, and the appearance of the place, I quite believed him, and I gave him what he wanted, viz., the drawing account—my impression was that he had quite 2000l. worth of stock at that time—he continued to deal with me on that drawing account up to July last—at the time he stopped payment he owed me 483l.—I attended a meeting of creditors when he first stopped, about the 13th August—Mr. Lovering attended, and the bankrupt—a general statement of his affairs was produced, which I have here—Mr. Lovering prepared it—some questions were put to the bankrupt upon that statement—I was in the chair, and I asked how he could account for his deficiency, as shown by the balance-sheet—this is the statement: the total liabilities is 6553l.; assets, 2786l.; leaving a deficiency of about 3767l.—I said, "What offer do you wish to make?"and he said 6s. in the pound—I also asked him whether he had sold any goods at a loss, to meet payments, and he said "No, I have not sold goods except at a profit, and at an average of 7 1/2 per cent."—he said he could not account for the deficiency—the offer of 6s. in the pound was refused, and a petition was presented immediately after the meeting.
Cross-examined. Q. There was a petition against the prisoner in bank-ruptcy, which was dismissed? A. There was; I was the petitioner—it was dismissed with costs—I think I had to pay them—I left it in the hands of my solicitor, Mr. Albert Turner—the second petition was by Mr. Newman, another creditor—I don't know the amount of his debt—I have supplied the prisoner with goods from the date of his assignment, the latter end of 1860 or early in 1861, during the time he has been in business at 99, Hackney Road, to the extent of perhaps 3000l. or 4000l. up to the time of his stoppage—he is now indebted to me in 483l.—we drew upon him at three months, after the mouth, and he gave us some customers' bills—112l. out of the 483l. is in customers' bills, which were dishonoured—I don't think he has paid us as much as 10,000l. during the last ten years—I can't state the amount exactly without reference to my book, but I think it would not amount to 4000l.—I did not ask him to deal more largely with us—I was not ware that he was enlarging his business in April, 1869—he had not owed and as much as 480l. on any previous occasion—I should imagine 150l. was the largest amount—I recommended him to place himself in the hands of Mr. Nicholson, instead of Mr. Lovering, simply because Mr. Nicholson was known to the trade and generally employed by them in making up accounts—I think the majority of the prisoner's stock in 1868 consisted of unmade goods; I should think about half of each—I believe he bought the goods, with trifling exceptions, for manufacturing into boots and shoes—he was a wholesale boot and shoe maker—we only supply materials.
MR. METCALFE. Q. Had the prisoner's account with you increased recently before his failure? A. Yes, from April, 1868, to 4th August, 1869, the amounts averaged about 200l. each of the first of these four months, and the last of these four mouths it was 379l., the principal amounts being in May and June.
ADOLPH STARGARDTER . I am a boot and shoe manufacturer—I have had knowledge of the business, from my 14th year—I reside at 366, Hackney Road, which is next door to the house occupied by David Davis—from my house, I could command a view of his premises, I could see from my window right through into his back yard—I could see from my front window at one time, and at other times from my back window—from my front window I could see his front door, and from the back I could tee into his yard—he was a boot and shoe manufacturer, the same business as my own—the first day I noticed anything was on 21st June—I saw Feldman's van loaded with game kid and patent calf, and his carman, Ward, with it—the van was crammed full, right over the top—it was a four-wheeled van—it was driven up to Davis' front door—Mr. Feldman walked up to the door, knocked at it, and it was answered by the foreman, Davis came out and went in again and the things were unloaded in at the front door—Feldman's carman, and a boy of Davis's, and his manager, did the unloading—Feldman remained inside Davis's house—I saw the goods as they were carried in—they were packed in parcels—each dozen in a separate parcel—I believe the value of the property taken in was about 300l.—the unloading took a good time—when it was all unloaded the van was driven away empty—I made a memorandum about this—this is it (produced,) it is in my handwriting—it was made on the 28th June—if I said it was the 21st, it was a mistake, it was the 28th—that memorandum was made with reference to the transaction I have described—it was made on the same day—the following day, the 29th, I saw the same van and the same carman—the van was loaded with Austra-lian sides; that is leather—there were no other kind of goods—the van was so full that day, that boards were obliged to be placed on each side of the van, to keep the leather up, so that it should not slip down—the boards on the top were placed higher than the inside of the van—I saw Davis superintending the van—it was backed to the side entrance, and the goods taken into Davis's yard—I saw that myself—I believe the value of those goods to be from 60l. to 80l.—the van was driven away empty—the goods were weighed in Davis's yard, by Davis and his men, and then taken into his house—the day after that, the 30th, between 7 and 8 o'clock in the evening, the same van came up again—it had then got some Australian sides, and cropped bellies in it—it was almost as loaded as the first one was—I can't say the value of that load—the value differs, but I should say it would come to about 40l. or 50l.—I was not at home on the morning of the 30th, my son was—in the evening the van was backed in and the goods taken into the side entrance—I don't know whether they were taken into the back premises, or into the house—goods frequently came in there between the 30th June and 4th August, in carts, I believe with an apprentice of Feldman's—it was a person I knew to be in his employment—I have often seen Feldman at Davis's place between the 28th June and 4th August—I can't say how often—I never saw him there at the time goods were being delivered either from the carts or the van, except at the time I have mentioned—on the 4th August I saw the van again—Ward came with it—it was tilled with rolls, not of leather, one roll of the paper was broken
and it showed like eyelet-holes—those are pieces for the fronts of boots—on the top of those some boards were planted, and three large hampers—I don't know what they contained—they came into Davis's front door—the hampers were very full, because the man was compelled to stoop down to keep them on his back, and when he let them down in the passage the house was almost shaken into mine—I did not see Feldman there on that day—I believe I had seen him there the day previous—I went away on the afternoon of the 4th to Kamsgate, and returned on the Friday following—I saw Feldman there several times after that—he came to Davis's front door—it was shut, he knocked, and someone let him in—I saw Davis on several occasions after this, in the evening after 7 o'clock, when I was at a beer-house which I generally use, opposite Feldman's—I have seen Davis's trap standing at the door of Feldman's house for a long time before he came out—they have been acquaintances many years—I had seen them together repeatedly before the 28th June.
Cross-examined. Q. Were you a bankrupt a short time ago? A. Yes, on 1st March last year—I paid 5s. in the pound—Davis was not a creditor of mine—Feldman was, to the amount of 40l.—Davis interfered in my bankruptcy—I had no sort of ill feeling against him, only he forced himself to be an assignee in my estate—he managed somehow or other to get hold of Feldman's bill—I don't believe he was a creditor—he got appointed assignee—I never said I was determined to be revenged on Davis and Feldman—I might have said so—I don't think I did—I did not say so of Feldman, because I don't see why I should—I might have said so as to Davis—I might have said I would be revenged on Davis and Feldman, I can't say—I was asked that same question before—I certainly can't disguise that I had a little animosity against Davis—I can't say that I told Mr. Payne I would be revenged on Feldman and Davis—I might have said so—I began to watch on 28th June—my son was called as a witness before the Magistrate, and other persons in my service—Bradley, Kanffl, my brother-in-law, and Miss Kinfolk—they arc here to-day—I took this memorandum on a letter—when I was not at home my son put down something on the same memorandum—I did not tell him to do so—he had seen me putting it down, and I suppose that made him do so—I got this envelope to make the memorandum on—I was the first to make the memorandum—I swear I did not tell my son to make a memorandum of what he saw, nor my wife—my wife does not work at the business, she is in the warehouse when I am not at home—I did not tell her to watch, or anybody—I first told this when I heard of the meeting of creditors, some time in August—I never mentioned it before to anyone—I know Mr. Barron, he did not call on me about this matter—I did not go to him—when the first meeting of crediton was called, I went there and told one of the creditors, Mr. Menden—I worked for Mr. Feldman many years back—I was not dismissed—I went away of my own accord—some goods had been stolen from his place while I was there, and I gave the man into custody who had them—that was about seven or eight years ago—I only worked for him a few weeks—a man stole my work which I had out, and I gave him into custody—there was no quarrel between Feldman and I, then—I did not threaten him when I went away—this was a four-wheeled van, with one horse—I have no doubt Ward was the carman—there was no one with him except Mr. Feldman on one occasion—that was with the first load, on 28th June—I can't say whether his name was on the van—I know it was his van—I can't say the weight
of the goods in the van, because I don't know the weight of kid and patent calf—the van was there above an hour that day—my son was at home—he saw it—he did not make any memorandum at that time, only myself—I did not suggest to him to make a memorandum—it was between 11 and 2 o'clock—the van was standing, for an hour, in front of the door, next door to me—I mean to say that the whole of those goods went in at the front door—there was rather a large quantity—I am sure my son was at home—he came to me, and said, "Papa, look outside, there is a large van full of goods of Feldman's at Davis's door," and I said, "I have seen it already"—he is going on for fourteen years of age—he did not tell me to make a memorandum of it—I had done that already—I did it in His presence—the goods had all been delivered then, they were just taking them down—this is my memorandum—this "June 28th, kid and patent calf," was written on 28th—the next entry is "June 29th, van of Australian sides," and then, "June 30th, patent calf and lining"—that is my son's—"Cropped bellies and Australian" is mine—that third entry was made by my son—I was not there when he made it—I swear that those entries were made at different times—I had left the envelope in ray desk, unlocked, and my son went to the desk and took it—I had not told him it was there—I dare say he saw me put it in the desk—I can't say whether he saw me write the memorandom on the 29th—I don't know whether he wrote anything else but what is on that envelope.
MR. METOALFE. Q. You say you were out on the morning of 30th June? A. Yes; and when I came home I found those words had been written on the envelope by my son—these subsequent words about the cropped bellies were written by me—that applies to the load in the evening—the post-mark on the envelope is 25th June—the envelope was lying on my desk on 28th—my bankruptcy was annulled, and after that I went to Mr. Payne, the solicitor, and asked him for my account of my estate—he said he had got nothing to do with it; I must go to Davis—I went to Davis, and he said he had got nothing to do with it; I must go to Mr. Payne—I have never got any account up to the present time, and my property is all gone—that was the same Mr. Payne who was acting for Davis and the prisoner in this case.
LEOPOLD STARGARDTER . I am the son of the last witness, and work at his place, next door to Davis—in June last I noticed some goods come to Davis's place—the first day was on the 28th—they came in Mr. Feldman's van—Ward was the driver—the van contained kid and patent calf—it was quite full—I first saw it at Davis's front door—there was no one else with the van when I first saw it—it had driven up, and was standing at the door, and the goods were being taken out of it into the front door by Davis and his man—they received the whole of the load, and that van was driven off—this was between 11 and 2 o'clock in the day—I judge by my dinner hour—on 29th June I saw some more goods come in the same van, with the same driver; they were Australian sides and patent calf—the van drove first to the front door, and was then taken to the side door—the goods were unloaded there, and taken into the yard, and the van afterwards driven away—that was between 11 and 2 o'clock—in the afternoon of the same day I saw the same van loaded with Australian sides—they were driven to the back yard and unloaded; it was the same driver—my father was at home, I believe—on the afternoon of the 30th I saw some lining and patent calf—my father was not at home then—they were unloaded at the front door—on the 28th I was at the door when I saw the things, and I went in to any father and told
him of it, and he said he had seen it already, and I saw him writing some-thing on the back of an envelope—this is it, and on 30th June, when I saw the load, and my father was out, I made an entry there—this is it—I put it on the desk, and my father saw it when he came home—when I made the entry, the entries of the 28th and 29th were already written—at the time I saw this we could see from our side window into the yard—after that a fence was put up, a sort of hoarding of boards, so high that we could not tee; that was put up on Davis's was, so as to prevent our looking into the yard; I can't exactly say how long after that I had seen these loads brought that was done; it was thortly after—our windows were originally ground glass, painted; but tome of the paint was scratched off.
Cross-examined. Q. Is this the first time you have mentioned about the screen? A. Yes—I had not been watching before the 28th June; I happened to come to the front door and see the things—I don't know whether the person who brought the goods saw me; I did not hide myself; I was standing in the opening of the door—my father had not told me to watch; he was in the warehouse at the time—I went in and told him—I don't know whether I was the first person that saw the van—I think my father bad seen it—I saw an envelope before him that had been written on before I came in—he was in the front; it is not exactly a shop, but a place of business—I did not tell him what to put down—I think it was the kid and patent calf that he put down at that time—I did not see him write it—he had already got the envelope—the first two entries are my father's writing—I never said that he took them down from what I told him—I did not tell him what to put down, he wrote it down without my telling him anything—I think I said at the Police Court what the value of the first load was; I thought it was about 250l., and said so—the second load, about 150l. or 200l., and the third also about 150l. or 200l.—I did not see the fourth load—I have been with my father about two years—I am getting on for fourteen—I have not been in the habit of buying or selling leather—I have seen the goods father has bought, and have seen the invoices of them; since this, and before, too—the things in the van were not covered over; the sides of the van were boarded up—I said before the Magistrate that the first load was worth 200l.; the second, between 150l. and 200l.; the third, about 150l.; and the fourth, about 200l. or 250l.—my father did not say anything to me about the value—I put the value out of my own head—I left school in November, 1868—I then went to a Mr. Drayson for two days a week; I left him in May, 1869—I did not say before the Magistrate that my father put this down on 28th June—from what I told him he did not do so; he wrote it down of his own accord—(The, witness's deposition, being read, stated "The first two entries are my father's writing; he put it down from what I told him")—I can't tell why I should have said that—my father did not tell me to watch, nor did my mother—I spoke of what I had seen to my mother, not to the workmen—I was with my father when the van came on the 29th; he saw it, too—I believe my father saw the van first on the 28th—I wrote on the envelope because I saw it lying on the desk, and I thought it would be right for me to write it down as well, because my father had written before.
MR. METCALFE. Q. When you were before the Magistrate, were you Cross-examined by Mr. Lewis? A. Yes—it was in answer to him and adopting his question that I said those words—our shop has a window looking into the road—you can see from that pretty nearly up to Davis's
door—my father being there would have an opportunity of seeing the van—I did not see anything of the prisoner when I first saw the van on the 28th—I told my father what I had seen, and he said, "I have seen it already, and am writing it down"—he had written it down; he was not doing it at the time, but the envelope was on the desk.
RICHARD BRADLEY . In June last I was in the service of Mr. Stargardter, in Hackney Road, next door to Mr. Davis—at the latter end of June, I saw a van which I knew to be Feldman's standing in front of Bavin's door—it contained kid skins and patent calf—they were unloaded and taken into Davis's front entrance—Mr. Feldman's carman was with the van—I don't know his name—I saw the van again a day or two afterwards at Davis's side entrance—it contained Australian sides, elastic, and lining, and was full—they were unloaded and taken into Davis's premises—I saw the van again on another occasion—it then contained Australian sides and elastic—the same thing was done as with the first load—I did not see Foldinan there at all.
Cross-examined. Q. Do you know a person of the name of Kanfft? A. Yes—I saw three loads; they all came within a week—Kanfft first called my attention to it—I am sure that what I saw occurred within a week after Kanfft called my attention; it was at the end of June—I don't recollect Kanfft leaving Mr. Stargardter's service—he was there up to the time I was—I left in the middle of July; I am quite sure it was not in June—I did not mention to any one at the time what I saw—I recollected it afterwards, not till I heard Feldman was bankrupt—I then went and spoke to Mr. Stargardter—I was in employment then.
MR. METCALFE. Q. Is Kanfft a son-in-law of Stargardter's? A. A brother-in-law—he called my attention to the load in a joke.
HARRIS GOLDNER . I am a shoemaker—in June last I was in the service of Mr. Stargardter—I have not been in it ever since—I am in it now—I left once at the end of July and went back to him before Christmas—on 28th June I was coming into Mr. Stargardter's about my business, and saw a van standing before Davis's door, loaded with kid and patent calf—I knew it was Feldman's van and carman—I had seen it many times in Hackney Road—the van was unloaded, and the goods taken into the front door of Davis's house—on the next day, the 29th, I saw it again, loaded with Australian sides—they were taken to the back of Davis's premises—I am acquainted with his premises—I could see into his back yard from Mr. Stargardter's premises—Mr. Stargardter's yard is not exactly in the same condition as it was before 28th June; it has been altered, a stable was in it, and that was pulled down; a fence was put up after the affair, I can't tell when—I left last January—I worked for him out of doors, not in doors.
Cross-examined. Q. Are you quite sure that you were working for Stargardter in June? A. Yes—I went afterwards to a Mr. Cohen to work—that was not in June, it would be about 23rd or 24th July—I went back to Stargardter before Christmas, and have been working for him since; I work for him now.
ISAAC KANFFT (Interpreted). I am brother-in-law to Stargardter—I was at his house at the end of June last—on 28th June my attention was attracted to a large van full of kid and patent calf—it was carried in, or taken in, at Davis's front door, and the van went away—this was from 1 to 3 o'clock—I saw the same van next day, the 29th, with Australian sides—they were taken to Davis's side door, and there weighed—I did not pay any
more attention to it after that—I spoke to Bradley at the time, and said in a joke, it would be better the leather should be carried to our place—after this a large hoarding was put up in Davis's yard, all along from the house as far as the yard goes—that would hide the view of the yard from our windows, and all the workshops.
Cross-examined. Q. Are you still in Stargardter's service? A. Yes—I carried on the business in my name during his bankruptcy; it was his business.
SARAH STARGARDTER . I am the wife of Mr. Stargardter—on 28th June last I saw Feldman's carman with Feldman's van, loaded with goods—they were taken into Davis's—the next day I saw the same carman and the same van loaded with Australian sides; it was backed to the back entrance, and the goods unloaded then—the day after I saw the same van again, loaded with goods—they were taken to the front place and unloaded there—the first time the van came I saw Mr. Feldman knocking at the front door, he went in, and remained there—I could not see who came to the door—I have seen him there at other times; I used to see him there very often before this occurred—he used to come there occasionally—I did not see him there on the 29th—I saw him afterwards, but not so frequently—after I saw these goods a fence was put up to obstruct the view in Davis's yard, so that we could not see into the yard.
PAULINE KANFFT (Interpreted). I am the wife of Isaac Kanfft—I was living with him at Mr. Stargardter's on 28th June—about that time I noticed a great many goods brought to Davis's premises—I did not at first take notice of the dates, not until I heard Feldman was a bankrupt, and then I took notice of the dates—they were brought in a large van; that was more than once, during several days—I did not know Mr. Feldman, and therefore can't say whether I saw him—I did not know whose van it was—there were two persons in charge of it on the first day.
JOHN CORNELIUS FRYER . I am employed by Mr. Nicholson, the account-ant, and am also in business on my own account—I have had great experience in the leather trade for twenty-five years—I have been in the habit of valuing goods in that trade, such goods as the prisoner dealt in—I made an inventory of Feldman's stock on 14th September; this is it; the full value of the goods was 1616l. 17s. 0 1/2 d., some were manufactured, and some unmanufactured.
Cross-examined. Q. Have you had much experience in valuations in bankruptcy? A. Some two years—I was sent to value these goods by Mr. Nicholson, I don't know who it was for—Mr. Johnson afterwards sold them; I believe he was aware of the amount of my valuation; I did not tell him what it was before the sale; I presume he must have Been the stock-book afterwards, at Mr. Nicholson's—the greater proportion of the stock was unmade.
SAMUEL JOHNSON . I am an auctioneer, of Aldersgate Street—I have been for between forty and fifty years extensively engaged in my business, especially in the leather trade—I sold the goods found on the bankrupt's premises—I think they sold well—they realized rather over 1700l.—I speak of the stock in trade only.
Cross-examined. Q. Was there a discrepancy between Mr. Fryer's valuation and the amount that you sold at? A. Yes, his valuation was less than the price the goods realized—the goods were sold on the premises—there was a man in possession, and we sold everything that was there—
there was nothing sold off the premises—Mr. Fryer made his valuation before I sold—the difference between us was about 100l.—some goods were sold above the value, and some below, as is usual at a sale—the sale was on 3rd November—I have furnished a marked catalogue to the solicitor—I have been for many years in the habit of conducting sales in bankruptcy; that is my particular department—I am auctioneer and valuer to the leather and shoe trade.
JOHN FOLLAND LOVERING . I am an accountant—I was employed by some of the creditors under the first bankruptcy—the bankrupt's affairs were placed in my hands—I had all his books on 6th August, I think—he assisted me in making out a statement of his affairs, which was submitted to the creditors—invoices were produced by the bankrupt, extending over this transaction—those relating to the latter part of 1868 and the half of 1869 were also on files—I think we went back as far as January 1st—after I had worked out the statement, I handed these invoices to Messrs, Sole and Turner—there were five files of invoices, and here is their receipt for them—all the invoices were on the files—a large number of invoices passed through my hands—this (produced) is a book kept by Feldman, with the dates, names, and amounts—when we went through the books, we endeavoured to check the goods off with this, and when we could not find any invoice, we put a cross against the item—that applied to the months of April, May, and June, and up to the bankruptcy—these invoices were left in our office—Mr. Wyatt, my clerk, can tell you what became of them—I did not hand them over to the defendant—I have been applied to for papers connected with the matter, on behalf of the assignees—I have not refused to deliver them—I have delivered every paper we have—we gave copies of the account we took—we have not given the originals—I certainly refused to give the originals—a different accountant was employed—we never give up original documents.
Cross-examined. Q. Is there any pretence for saying that you have with-held documents from Mr. Nicholson? A. None whatever—this receipt for the invoice is signed by Mr. Moore, one of Sole and Turner's clerks, and is dated 28th October, 1869—I believe all the invoices I saw were given up by my clerk to Sole and Turner with all papers—I have not kept back one—no paper of any kind was given up to the bankrupt—we did not send the books to Mr. Nicholson, we sent them all to Mr. Barren, at his request, and when Mr. Turner wrote for the others we sent them to him—this is a copy of the invoice-book made by the prisoner—in going over that I saw invoices of nearly all the amounts in it except those that are crossed in pencil, that indicates that the invoice is not there—with those exceptions, all the invoices were given up—the bankrupt never had a paper from our office after they came there—not one of them is in our office at the present time.
WILLIAM HUMPHREYS . I am a messenger's assistant—I was put in pos-session of the bankrupt's property, in the Hackney Hoad, by Mr. Stubbs, about 7th or 8th September—I held possession up to the time of the tale—I know Mr. Davis—I saw him at 99, Hackney Road, while I was in possession there—Feldman remained at his place of business while I was in possession—Davis called to see him some five or six times, perhaps, during the earlier part of that time—I have seen him in conversation with Feldman in the back part of the shop.
Cross-examined. Q. Did other people call? A. Yes; not very many—they also conversed with Feldman in the back part of the shop.
THOMAS HAYTER CHASE . I am a retired police-constable, and was em-ployed by the assignees to serve summonses for attendance at the Bank-ruptcy Court, on 10th November—among others, I summoned Feldman and Davis—I saw them in attendance on that day in the Bankruptcy Court—that was the same day that Stargardter and other witnesses were examined—they were in attendance until after those witnesses had been examined—at the end of their examination I was instructed to assist the officers in arresting them—a warrant was obtained—I endeavoured to find them, but could not—I had seen them at the Bankruptcy Court half-an-hour or an hour before—I went to Feldman's house that night, and watched some time, and could not find him, or Davis either—I have never seen Davis since—Feldman surrendered on the Wednesday following, and was represented by Mr. Lewis—before that Davis had been represented by Mr. Payne—a reward was offered for his apprehension.
JOHN MARK BULL (City Detective Sergeant). I held a warrant for the arrest of Feldman and Davis—Feldman surrendered—I have used every exertion to find Davis, but he has absconded from the country—I looked for Feldman after the warrant was issued, but could not find him—I searched his house. (The London Gazette, advertising the adjudication, was here put in.)
The following witnesses were examined for the Defence:
WILLIAM WARD . I was in the prisoner's employment as carman, from 1860 down to his failure—I am not in his employ now—I am employed by Mr. Jacobs, of Great Cambridge Street, Hackney Road—the prisoner had a small four-wheeled pony van—I never had on it, myself, more than between 5 and 6 cwt.; that was as much as it would bear—it would hold from 5 to 10 cwt—I used to drive it with the pony—whenever I took out goods I always took an invoice and delivery note—I know Mr. Davis, of Hackney Road—I have taken goods to his place—I did not, on any day in June last, take goods there, to the value of 300l.—I did not, at the end of June, take large quantities of goods to his place; I took very small quantities of goods in June—I took none that required me to put up a board on the van—I used to go to dinner between 1 and 2 o'clock—I recollect on the afternoon of 29th June going out with Mr. Lesser, Mr. Feldman'a clerk, between 2 and 2.30—went that day to Spice & Hawley's, in the City, and to Mr. Hoffmael's, a shipping agent, in Old Broad Street—I have not taken out goods in a truck for the last seven or eight years—I have a slight recollection of a hoarding being up at Davis's—I recollect the 29th June—I have a great recollection of the 28th—I was out on all that day—I never took any goods to Davis on that day—Mr. Feldman had his name on a card at the side of the van—the van is here—I was storekeeper as well as carman.
Cross-examined by MR. METCALFE. Q. Have you been so for the last ten or eleven years? A. I was up to very lately, and I have been out as traveller, to take orders—I was with Mr. Feldman when he failed before—I can't tell exactly what year that was in—I can't say how long the business was suspended at that time—I used to pack the orders and take them out, the same as I do now—I don't know what he paid in the pound, he never told me—I can't tell what stock there was on the premises at that time—it is so many years ago, and I was very young—I got my present situation at Mr. Jacobs', immediately after I left the prisoner; he knew that I was there—I have been back to his place several times to assist him, two or
three times a week—he knew where to find me—I was served with a summons, by the assignees, to attend the Bankruptcy Court on 29th October, but I did not get paid for it—I don't know that they had been looking for me, from August up to that time; they had plenty of opportunity to catch me—I told the officer who served the summons, that it was no more than I expected—I might have said, "Caught at last"—I had not been playing hide and seek; I did not know that the bankrupt had stated that he did not know where I was—I took some goods to Davis's place in June, in the van, with one blind pony, about 14 or 15 hands high—I frequently went to Davis's with a note or a letter—I can't say how often I went with the van—I should not think it was three or four times a week—I always took a delivery note and an invoice, and they signed a receipt, which I brought back—I generally saw them filed, but sometimes, when in a hurry, I have put them on the desk; the delivery notes were not in a book, merely pieces of square paper—I believe I delivered the goods at the side door, when I did take them—that is the door opening into the back yard—on one or two occasions, when I had a small parcel, I took them in at the front door, because I did not like to leave the van, in case things might be stolen out of it—Shea, Mr. Davis's foreman, generally received them from me.
MR. LEWIS. Q. You were caught on 29th October, you say? A. I was served with a summons on the 29th, in a coffee-shop—I was in Mr. Jacobs' employment, as carman—I have never been examined by the assignees.
JURY. Q. Were the delivery-notes in counterfoil, and printed? A. They were all printed, and on separate slips of paper, with Mr. Feldman's name at the head—they were not bound in a book with counterfoils.
WILLIAM HARRISON . I was a workman in Mr. Feldman's employment for eighteen months prior to August last—I am not in employ now—it was my duty to weigh all rough goods coming in or going out of Mr. Feldman's warehouse—I also assisted in loading the van—I had nothing to do with giving the delivery-notes—I weighed the goods, and used to put it down on a piece of paper, and take it in to our clerk and see it booked—it is not true that at the end of June last I loaded the van very largely with kid and patent calf, or Australian sides—I weighed all rough goods coming in and going out—I never assisted in loading such goods in June; they never went out.
Cross-examined. Q. What did they call you? A. was operator on the black sole sewing machine; but I did not have full work at that, and I used to nil up my time at the rough cutting department, and weighing in and out rough goods—I pretty well had the command of the back premises—I call Australian sides, and English and foreign bellies, rough goods—I used to weigh them and load them from the back—rough goods never went from the back premises to the front; they went from the back premises into the van—I never made it my business to keep entries of the goods that went out; I took them in to the clerk, and he booked them—I don't know whether considerable quantities of calf kid came in in June, because calf kid used to come in at the front—that is not rough goods—I believe no Australian goods came in in June at all—about April we might have had a small quantity, not a particularly large quantity; we never had a great deal in at a time—we could use as many Australian sides as we could get of them for ourselves—we sent out very few indeed; the most we should send out would be from 4 cwt. to 6 cwt. at a time—we used to send them to different places—I had the weighing of them out—I don't remember
sending any out in June—large quantities of goods did not come in in June; I swear that—I did not see any goods come in in June; I can swear that; I do swear it—I did not see any come into the back warehouse in June; they did not come under my eye—I can answer for the back premises—I can't see what comes in in front, or goes out.
JOHN SULLIVAN . I live at Buxton Street, Mile End—I was shopman to Mr. Feldman for three years and a half, before August last—about the middle of May I was foreman—goods going out generally came under my notice—it is not true, to my knowledge, that, at the end of June, large quantities of goods went out to Mr. Davis, of the Hackney Road—if they had gone, I should have known it; from the quantity, we should have missed them—our hours of business were from 8 o'clock in the morning to 8.30 in the evening—I went to dinner about 2 o'clock, and returned about 2.30 or 2.45—these lists produced contain the retail selling prices.
SAMUEL JOHNSON (re-examined). I put against each lot the price it which it sold—I don't know the cost price—I should not know that without examining them—I did not value them—it is part of my business to know generally the cost price of each article—in my opinion the sale realized within 10 per cent, of its actual market value, wholesale—I did not lot the goods myself—I saw them at the time I sold them, and I also noticed them during the process of lotting.
JOHN SULLIVAN (re-examined). I don't know what the cost prices were, only the price at which I sold over the counter—Mr. Feldman bought a great many job lots; they would be bought less than in the ordinary way.
Cross-examined. Q. When did you leave Mr. Feldman? A. In September last—between August and September I was laid up with bronchitis—I left about a fortnight before the place was closed—I was there in June—I took in and gave out work, and had access to all parts of the premises, back and front—large quantities of goods did not come in in June, to my knowledge—none came in, that I am aware of—I can't say, because I was engaged all over the premises—goods might have come in—I am not aware of anything like 2000l. worth of goods coming in in June—I can't answer that question.
MR. LEWIS. Q. How used goods to come in, in large parcels? A. Yes—they were opened and counted—goods used to come in from day to day—we never had 2000l. worth come in at a time.
HENRY LESSER . I was clerk to Mr. Feldman prior to September last—it was my duty to book goods and check them before leaving the premises—I recollect the month of June last (referring to the day-book)—nothing went out to Davis's on the 28th—there was a small parcel on the 29th, value 17s. 3d.; a parcel on the 30th, value 15l. 18s. 11d., consisting of lining and patent calf, and that would be about three arm fulls in size, and about a 1/2 cwt. in weight—I always gave invoices and receipt notes for goods that had not been paid for—sometimes we might have a customer come in and pay for them over the counter, and then an apprentice generally took them home, or now and then the carman might take them in the van—when it was a credit transaction I always gave an invoice and a receipt note which was to be brought back by the carman to show that he had delivered—those that I have enumerated were all the parcels that I booked to go to Davis's on those three days—I see the entry on the 30th is in Mr. Feldman's writing, the other is mine—I recollect the 29th June—I was out with Ward, the carman, that day; not in the early part—we went to Messrs.
S. C. Hoffmael & Co., in New Broad Street, then to Westminster, to two parties named Chapman and Rowe, and then to Messrs. Spice, Hawley & Co., in Jewin Street—I was with Ward that day from about 2 o'clock, directly after the workmen came back from dinner.
Cross-examined. Q. How long were you with Mr. Feldman? A. About sixteen months—before that I was a solicitor's clerk in two situations, with Mr. Hall, now of Fenchurch Street, then of Lincoln's Inn Fields, and with Mr. Soarth, of Welbeck Street—Mr. Hall had been Mr. Scarth's manager—I was with him seven or eight months, and with Mr. Scarth about twelve months—before that I was with Solomon & Co., wholesale clothiers—I am travelling now—I generally went out with Ward when I wanted to go to certain customers—Mr. Davis was not one of those—I have been there, but I don't remember ever taking any goods there—Davis often came to our place; about as frequently as any other customer, I can't say: it might have been two or three times a week, sometimes less—Feldman did not go to his place as frequently—I remember Davis coming and looking over some goods on 30th June—that must have been before 2 o'clock—I can't say how long before—it would not have been about 11 o'clock—he saw some new brands of patent calf, and asked me the price of them; he said he had never seen them before—he did not come on the previous day, to my recollection, nor on the 28th—I can't say whether he was there on the 27th—I don't know where Mr. Feldman was on the 28th, whether he went to Davis's or not on that day—I can't tell—I was clerk and traveller—I have not described myself here as manager—I did on another occasion—I made a mistake, I mistook the word—at times I overlooked the taking in of the work and always paid the work people, so I thought that would consist of about the same thing—I generally managed the business when at home—I believe I did describe myself as manager; that was in the proof I made against the estate—I have not withdrawn my claim—I did not endorse any bills or cheques for Mr. Feldman—when customers' bills were dishonoured, cheques were sometimes made out, and I used to take them up, and Mr. Feldman would put in my name or any name that came into his head—he might have put his own, sometimes—if I had the invoices here I could tell you what goods came in in June; I can't tell without—there is a small book here I could tell you by—I know that goods did come in in June, and I could tell you the amount to a penny if you give me the book—I know the invoices were on the premises at the time Mr. Feldman was bankrupt, and they have been withheld—this book (referring to it) is in my handwriting—it was made up as an easy way of telling what was purchased in one month, without making any further casting—I began this book about the end of July, 1868, and continued it up to August, 1869—the invoices themselves, of which this is an abstract, were all filed in the usual manner—I believe the delivery notes were also filed—I saw them brought here only half-an-hour ago in a large basket (a number were here produced)—here are some in June, 1869, of goods to Davis (the witness selected some and handed in, but they did not relate to Davis)—about 2000l. worth of goods came in in June—they went into the general manufacture and general sales; some were made into boots and shoes, and some sold unmanufactured—we did a large trade that way—I don't think the trade was particularly increased during the three months before the stoppage—taking them altogether, the purchases and sales were on a par; perhaps one month we might have bought more and sold less, and another month bought less and sold
more—I will not swear that the purchases were or were not three times so large during the last three months to what they were before; I can't swear either way—I came up to the Court of Bankruptcy repeatedly while the examination was going on, and I believe I was twice at the Police Court; but was not called—I was never with David at the Bankruptcy Court—I don't believe I spoke to him there; I never saw him there; I don't believe I did—I may have seen him; but I never spoke to him—I do remember seeing him, now I come to recollect it—I think in September—I did not go across and have some refreshment with him; I have with Feldman, many times—I don't believe I went with Davis and Feldman—I did not go frequently to Feldman's place after the bankruptcy; now and then I may have called there—I was not there continually—perhaps I have not called for a month together—I can't say that I saw Davis there—he may have been there—I attended the sale—I bought some things there, to the amount of about 80l., for myself—it was my own money—I paid with notes and gold—I can't say how many notes—I don't know whether they were tens or fifties—I believe I wanted change of a 100l., and Mr. Johnson could not give it me, now I come to recollect, and I got it elsewhere—the 100l. note was my own savings—I kept it at home—I had not had it long; I almost forget where I got it; let me see! I believe it was from Mr. Wolff, I fancy he gave it to me—he is the prisoner's father-in-law—he gave it me about two or three days before—I said I wanted some, and he lent me some, too—it was my own money—I believe it was about 5l. he lent me—I wanted a large note, a 50l. note, because I had some smaller ones, and he did not have it, only this 100l. note—I did not care about carrying many notes about with me—this was not to go to the sale with—it was after the sale—I will swear I had it from Wolff—I did not have it from Nicholl—I believe I got it the day after the sale—I paid a deposit of 2l. or 3l. at the sale, and the remainder a day or two after—I can't say why small notes would not have done as well—it may have been a fancy to get a large one, nothing further—I will swear I did not receive it from the prisoner—Mr. Nicholl was a customer of his—I don't know about his being a friend—I have seen them together constantly, since the bankruptcy—he is one of his bail—he did not send a cheque to the bank and get that 100l. note and give to the prisoner, nor did the prisoner give it to me; I swear that—I can't answer for Mr. Nicholl's act—I did not see him send a cheque to the bank—I swear that Wolff gave me the note—I can't swear that it was in the prisoner's presence; he may have been there—it was not at the prisoner's place; it was at 12, Camomile Street, Wolff's place—the prisoner did not go with me to Wolff's—I bought the 80l. worth of goods because I knew what they cost, and if they went under cost I knew where to sell them—I sold part of them—I took some away and left some at the premises, 99, Hackney Road, where the sale took place—there is a small portion there now that I cannot sell.
MR. LEWIS. Q. Did you buy cheap at the sale? A. I did.
JOHN SHEA . I was foreman to Mr. Davis, of Hackney Road—I was four years in his employment—I saw all the goods that came in; it was my duty to check them with the invoices—after checking them, I put the invoices on the file—it is not true that, at the latter end of June, large quantities of goods were delivered from Feldman's, at Davis's—they could not have been delivered without my knowing it—his warehouse would not hold one-third of goods to the value of 700l. or 800l., apart from his general stock—there
was a hoarding put up about three years ago; the Stargardters, next door, knocked it down bit by bit; another was put up about four or five months ago—I went to the premises at 8 o'clock in the morning, and stayed till 7 o'clock at night, and never went out to my meals—I am now in the employment of Mr. Davis's brother, at No. 8, not the same house—goods were delivered at the side door.
Cross-examined. Q. His brother is carrying it on, is he? A. He has a power-of-attorney—I can't say where Davis is, I don't know—he has a wife and child—they live there still—I have not seen him lately, not since about 10th November—his books remain on the premises—there is not a large stock of goods; it was sold off, I believe, a week ago to-morrow—I don't know what they realised—I can't say the amount of stock there was to 100l.—there was no calf kid—that will not go into a very small compass—we should not have had room for 700l. or 800l. worth in the warehouse; you might put them all over the place—there is a good large yard, but you could not put good skins there—there were scales kept in the yard, at the lide door—I have nothing to do with the weighing, Lyons did that; the rough stuff welter he always weighed—I never saw a parcel come in at the front door—I had strict orders against it—Ward never delivered any parcels of goods to me from the van at the front door—they always came to the tide door, except they came by Parcels Delivery Company or omnibus, then they might be taken in at the front—there were seven men employed besides myself and the boy—I did not take the goods to the sale room when the stock was sold, the carman did—I don't know his name, it was not Davis's carman—I had nothing to do with loading them; I took an account of them before they were loaded and gave it to Mr. S. Davis, but I did not go through the amount to see what it was; they went to Mr. Levy's sale rooms—there were three loads, two of goods and one of cutting machinery—the sales had been stopped somewhere about Christmas—I believe the sale was by private contract; they sold the goods for so much to one person, I believe—they were taken to a sale room, and Mr. Levy sold them.
JOSEPH YERVIL . I was in Davis's employment—I went there in the Easter week of 1868—I recollect June last—goods to a large amount were not delivered at Davis's from Feldman's—the large parcels of goods were received at the back entrance; never in the front—such a large quantity of goods as have been mentioned could not have been delivered without my seeing them, because they always came through the rooms where we were employed at work—I was what they call a clicker.
Cross-examined. Q. What room do you speak of where you work? A. The back room ground floor, looking into the yard—I could see into the yard from where I worked—all the material would come through our rooms into the front warehouse, in the shape of skins and such like—I should see them if they came in the front way, because I could see through the parlour door—they are folding doors, and you can see through into the front ware-house—I never saw goods come in the front way while I was there—I saw no goods come in during June—I did not see Feldman's van there, either at the back or front—I was so placed that I could see it—I saw goods come in, but I was not supposed to know where they came from, it was not my duty to know.
JOSHUA LYONS . I was in Davis's employment for about a year and a half—my hours were from 8 in the morning till 7, with an hour for dinner—it was my duty, when goods were received, to weigh them—I recollect the
month of June last—it is not true that large quantities of goods were delivered to Davis by Feldman's van—there were a few small parcels, I believe—after I had weighed the goods, I used to sign the bill that was sent in, not always—I mean a receipt note—the scales were kept in the yard, at the back of the house—goods were always brought in at the back—I never saw them come in at the front—my ordinary place, when not weighing goods, was in the workshop—the scales were hung at the side of the work-shop—nobody could have weighed goods without my seeing them—it was the duty of no one but myself to weigh them.
Cross-examined. Q. Goods did come in in June, did not they? A. Very few, I believe—about twenty odd pounds worth, I should say—Davis always used to have a quantity of goods in the place—he had twenty odd pounds worth of this person's, and some of that—machines were going—there were a quantity of persons that he had goods of—I can't say the amount he had in June, whether it was 200l. or 300l.—what did come, came in through the back yard—when they were weighed they were passed in to the underneath cellars, and the workshop—there were cellars down stairs, and the kitchen—you got to them through the yard and into the passage—I took a memo-randum of the weight when I weighed them, and I used to write it on the wall with a piece of chalk, and rub it out after I found it was correct—I did not make any entry of it—the invoice showed the weight, and if that stated the weight correctly, that was sufficient—I took the invoice up to the foreman, Shea.
ABRAHAM PHILLIPS . I am sixteen years old, and was an apprentice to Davis—I never took in any goods—I used to be principally in the ware-house, but I was in different parts of the shop; sometimes I was in the back shop, but principally in the front—I always opened the front door during business hours—no large parcels of goods came from Feldman to Davis, to the front door, in June—I never took in goods at the front door—I never assisted in taking in any goods from Feldman that month, unless they were small parcels—the van never came to the front door.
Cross-examined. Q. Are you sure of that? A. Yes—all the vans backed down to the side—I don't remember Feldman's van coming in June—I have seen it there two or three times—it may have been in June; I can't swear that—Ward always came with it, and he always drove to the side door—it was not very full; pretty full—it was unloaded at the side door, and the goods were weighed there.
RICHARD WILLIAM VAUGHAN . I was in Davis's service for a year and eight months—my hours were from 8 o'clock till 7—all goods coming into the warehouse would have to pass us—they were always delivered at the back door—I never knew large parcels delivered at the front—the scales were kept in the back yard—all goods that were received were weighed—I did not see large quantities of goods received from Feldman's in June—if there had been goods to the extent of several hundreds of pounds, I must have seen them—Davis's warehouse would not have held such a quantity—he had a regular stock of his own.
Cross-examined. Q. Were you in the same room with Yervil? A. Yes—there were three clickers in the same room—only about the usual quantity of goods came that we always had for immediate use—there were a pretty goodish many persons employed on the premises—there were four or five rivetters, altogether: perhaps eleven or twelve persons—the machinists worked off the premises—there was a pretty good business done—a considerable
quantity of goods came in for immediate use; not such large quantities—we had things in pretty well every week, for immediate use—I could not see the van from where I sat.
CHARLES WILLIAM HAWKINS . I worked, as a rivetter, for Mr. Davis—I saw the greatest portion of the Australian sides and leather that came in the back way—I assisted in unloading them—I did not see large quantities of goods delivered, from Feldman's, at Davis's, in June last—I should have seen them if they had come—I never saw any leather come, only what we term "six-pennyworth" of leather at a time; that is, a few hides.
Cross-examined. Q. Did you work in the same room as the clickers? A. No, I worked in the back shop, with the rough stuff cutters—I could see the side door from there, as I sat at work—I did not see Feldman's van come at all in June, neither to the front nor side door—I have never seen it there, and I never saw Feldman at all—there were no large quantities of goods delivered in June at all.
JAMES LEIGHTON . I was in Mr. Feldman's employment, as foreman of the clickers—no large quantities of goods went out from Feldman's to Davis's, in June last, to my knowledge; I never saw them—I was down stairs nine or ten times in the course of the day—it was not my ordinary duty to be otherwise than in the clicking room.
Cross-examined. Q. You were generally up stairs, then? A. Yes—I came down occasionally—there was a shopman of the name of Hyam; he was at the counter—he would see what goods went in and out—I don't know where Hyam is—I have not seen him since he left the premises.
ELIZABETH MARRABONES . My maiden name was Swift—I was in Mr. Davis's service before I was married, as a general servant—I could see goods that came in—I never saw large quantities come in in June last—goods were generally delivered at the yard, at the back entrance—vans never stopped to deliver goods at the front while I was there; that was seven months and a fortnight.
WILLIAM JAMES YEOWELL . I was a clicker in Davis's service for seven years, up to a fortnight after Christmas—I worked in the back room—I could see a portion of the back yard from there—I could see all goods delivered—I remember June last—I saw goods delivered in that month; various quantities; not considerable quantities—we never had vast quantities in at a time; 5 cwt or 6 cwt., sometimes more—Australian sides, kid and calf in some quantities, cropped bellies, and things of that kind.
Cross-examined. Q. Were you in the same room with Yervil and Vaughan? A. Yes—I could see the things delivered, through the door, but I could not see the van—I could see the things delivered from the van, and see them weighed in the scales.
GUILTY Recommended to mercy on account of his connection with Davis— .— Eighteen Months' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
HENRY ANDREWS . I am clerk to England & Co., engineers, New Cross Road—our firm advertise their locomotive engines in the Artisan paper—this account came to us from the Artizan, for 4th September—I sent this cheque for 6l. 15s. in this letter; it is drawn on the London and Westminster
Bank, to the order of William Smith, and has come back through the Bank as paid—I afterwards received this receipt for the amount—I don't know the handwriting.
Cross-examined. Q. Have you ever been at Mr. Smith's office? A. No; the receipt is dated 4th September, the day on which the cheque was for-warded, and is signed J. M. Rust.
WILLIAM SMITH . I am a civil engineer—I was carrying on two magazines, the Artizan, and the Freemasons' Magazine, at 19, Salisbury Street—the prisoner was in my service about four and a half years—his wages, latterly, were 31s. 6d., I believe—I have been engaged in a good many jointstock companies—on 13th August last I was arrested and put into Whitecross Street—whilst I was there the prisoner came to me, almost daily—his duties then were the same as they always were—he was publishing clerk in the office of the Artizan and Freemason's Magazine—it was his duty to receive money when tendered at the office, receive all letters and hand them over to me, and if I was absent, to my wife—with reference to cheques drawn to order, it was his duty to hand them to me, or, if I was absent, to Mrs. Smith, to be endorsed; that is, if they came open—he had no business to open a letter—he certainly had no right to endorse my name on cheques; they should have been handed to me in the same state he received them—I was in Whitecross Street nearly three weeks, that would include the week ending on 4th September—this sheet, headed "Statement for the week, ending 4th September, 1869," is the prisoner's writing; it includes sums received and disbursed—the disbursements appear as 13l. 10s. 4d., and this is a receipt given by him to my wife for that amount—I discharged him on 7th October—I did not know at that time, nor for a considerable time after-wards, that Messrs. England bad sent the cheque for 6l. 15s.—the first I knew of it was by a letter from them, in reply to an application for payment—that was about a fortnight before the prisoner was arrested—the endorsement on the cheque is in the prisoner's writing; he had no authority to make it—he has not entered the amount in the cash-book, but it is in the ledger, under the head of 1st July—it should have passed this, the cash-book, in order to get into the ledger—this is the letter-book—it was kept by the prisoner—there is no entry of the receipt of Messrs. England's letter enclosing the cheque.
Cross-examined. Q. Were you a bankrupt in 1850? A. I was; it was in connection with some partnership proceedings; it was not on my own petition—I swore last August, when I was being examined about the state of my affairs, that I had no books, and I still say so—I have, before this, charged a person in my employ with forgery and embezzlement; he was acquitted—Mr. Lewis interceded for him, and it was upon that I consented not to press the charge; Mr. Payne read him a lecture, and told him he had a very narrow escape, and had to thank me for it—he was acquitted after the evidence had been given.
Q. Did you ever get a lad of fifteen to sign names on fictitious bills of exchange that you sent into the market to raise money upon? A. Never, that I know of; I could not do such a thing and forget it—I never did such a thing; that I swear (a person named Deacon was called in)—I see that young man—at this distance of time I don't know whether ha was ever in my employment; there was a person named Deacon, but I don't recognize him; it is some years ago; he left me in 1861, probably—I think he was then about sixteen or seventeen—he never accepted an accommodation bill
for me, by my authority, in the name of George Duncan, engineer, Liverpool—I have no recollection of the name of Duncan—he may have accepted such a hill, but I never authorized him; he certainly did not do so by my inducement or authority—I did tell him to accept a bill in the name of C. J. Taylor, engineer, Glasgow—they were not fictitious bills; I had an authority to have bills accepted—he did not accept another bill in the name of Taylor with a different initial; the bill was payable at 5, Adam Street, Adelphi—I don't remember going to Deacon's house after he left me; I certainly did not go there in a cab, and take him to my place, and want him to sign a paper to the effect that he had never signed bills for me—I swear that—he was asked as to certain bills of Taylor's, and if he ever signed any other bills, and he said "No"—I think that was at Messrs. Bambra & Some-body's office—I am a bankrupt to the amount of nearly 10,000l.—a proposition has been made to pay 10d. in the pound—I am opposed by the gentle-man who instructs you—I have not got to come up for a further examination, that I am aware of—I am an Associate Member of the Society of Civil Engineers, and have been so fifteen years—there was a company carrying on business in Salisbury Street, called the National Cotton Cultivation Company of Greece Limited; it is not carried on now—the name is not up against my door, that I am aware of—the name was painted out some time ago—I was engineer to the company, not one of the directors, as far as I remember; it is seven or eight years ago—to the best of my belief I was not a director—I should fancy there were seven or more directors, according to the Act of Parliament—I can't, at this moment, recollect any of their names—I attended some six or seven of their meetings—I did not promote the company—I was interested in its operations—there is another company that has its name up at my door, "The Public Works and Credit Company of Italy; "I am the engineer of that; it is the engineer's office; I don't know where their offices are—there has been no business done for some time past, like a great many other companies—the "Agricultural and General Machinery Agency Company Limited," has its name up on my door—I don't remember the day the prisoner was arrested, we had a difficulty in finding him, and I went with the detective sergeant to point him out—I did not go to his rooms and carry away all his papers; the sergeant did—I know that there were some letters from my agent at Glasgow, addressed to the prisoner's private house; also some other letters announcing the payment of money on account of the Freemasons' Bank, in which he acknowledges to taking money—I do not know whether he is indicted for that; I am not a lawyer—I appeared against him at Bow Street, and I acted under advice—I have no doubt that forging the cheque was one of the forms the charge took at Bow Street—whether it was embezzlement or forgery he is being tried for, I do not know—I do not know that a witness who was called at Bow Street is not to be called to-day—I do not know the name which was struck out—I heard Mr. Rogers examined at Bow Street—the prisoner was taken in custody on a Saturday night, or 12.30 or 1.0 on Sunday morning; he did not come home till that time—I knew of this cheque being paid some time in the middle of November, a fortnight, or it may be three weeks, before he was taken in custody—I will not swear it was not five weeks; you have the means of ascertaining very much better than myself—the gentleman who instructs you drew an affidavit, and it was sworn to by Mr. Rust; I heard it read out, and it was full of untruths—I did not go to Mr. Rogers on 30th October, and ask him about this
cheque, or at any other time—he called at my house, I think, about 13th November, and apologised, and explained the circumstances under which he gave the prisoner change for the cheque—there were two reasons why he was not taken in custody before; all his friends told me he was sold up at his house, and I did not look for him; but when I ascertained that he was at a public-house, I sent to inform the officer—I never heard of his being employed at the Carbon Oil Company, at Westminster, till afterwards—I gave no instructions that he should be searched for, because I was advised that until the evidence was complete I should not be justified in giving him in custody; but when we found another case of fraud, and that he him falsified the books, I was advised to give him in custody—I never saw or spoke to Rust at the Bankruptcy Court—I have not read the affidavit he signed, but I know it is so full of untruths, because statements have been made by the gentleman instructing you upon the contents of it, which, if they represent the contents, it must be full of untruths—this "National Masonic Calender, Pocket Book, and Diary for 1870," is advertised to be edited and published by me, but it is not published—subscriptions and advertisements have been applied for—I cannot tell how many advertisements have been ordered to be inserted—it is usually published on 31st December—no advertisements have been paid for, as far as I know—it is the advertising agent's business to receive the advertisements and the money; he has very likely received some, but none has been paid to me—if you see in print, "Post Office order and cheques payable to Henry Herbert Montague," that must be the case, but whether that applies to 1869 or 1870, I cannot tell you—Henry Herbert Montague are my son's Christian names—he is nine years old—it is a common plan to use a name—the prisoner had not a right to use money which came into his hands for office purposes, excepting for petty cash—he had no authority to pay wages, unless the money was handed to him for that purpose—he had authority to disburse the moneys he received for petty cash, and stamps for newspapers—I describe him thus: "Post Office orders payable to John Rust, publisher of the Freemasons' Magazine"—on 4th September he came to see me in Whitecross Street Prison, on two occasions during the day, in the morning, early, and at nearly 3 o'clock in the afternoon; I told you so before, at the Police Court—he also called a third time, in the evening, but I did not see him—I raised a question about the petty cash, when he called at 3 o'clock—England's payment, in the ledger, is entered on 1st July—I had not given him instructions to enter cheques on different dates to what they were received on—a cheque for 8l., from Taylor & Co., of Birkenhead, on 31st August, is entered in the prisoner's writing, on 1st September—I did not tell him to enter it on 31st July, it would be perfectly absurd—this envelope (produced) is not my writing—I see several pencil marks on the back of it—I see no initials on it; I see some on the letter of advice—they are not mine; one is a very good imitation, and the other a very bad one—I never asked Mr. Rogers to attest signatures which he had not seen written; but in the case of a specification for patents, a person will come in and sign, and if it cannot be attested then, he attests it afterwards—the stamps of our newspapers posted vary; here is one account, 1l. 18s. 11d., another, 1l. 4s.; and another, 2l. 0s. 3d.
MR. BESLEY. Q. Has any charge of fraud been made against you? A. Never, nor against my character; I have always stood very high in the estimation of my friends—I have been utterly ruined by the failure of joint
stock companies to pay my fair and reasonable charges—that represents a sum of 2000l., in sums varying from 1l. to 200l.—the charge of embezzle-ment was at the Sessions House, Westminster; I think it was thirteen years ago—I really do not know now whether I withdrew—the gentle-man's sister was a public character, and she said that it would be her ruin, he was not punished—I was interceded with by the father, mother, and sister, and by a very eminent Judge who is now on the bench—Mr. Rogers, who was examined at the Police Court, was my representative in my absence, and acted as my amanuensis—as to Taylor, a question arose, through a combination of the persons who I prosecuted, and the allegation was made and followed up by persons who I was connected with, who it was sought to withdraw from me, and so satisfied was I that it was untrue, that I continued to act for the head of the firm till the day of his death—these books are produced at my request—they belong pertly to the Free-masons' Magazine, and partly to the Artisan—they have nothing to do with my civil engineering at all—these publications are not mine—a great number of publications were found at this man's place, belonging to me, and others were on business, which he had had directed to his own house; and one among them had Mr. Jordan's name on it—after he was discharged, but while he was receiving money with me, he was receiving money to betray the secrets of my office to a rival newspaper; and there are a great many documents belonging to me which he ought not to have had.
FANNY SMITH . I am the wife of the last witness—this little blue piece of paper has my writing on it, and is a receipt for 1l. 13s. 4d.—the dates here, of the payments out in the business, are my writing—I paid over the moneys to the prisoner—he did not hand me a cheque for 6l. 15s. from England's—he accounted to me for moneys from time to time—his weekly sheet does not include the name of Mr. England—this is the statement he made that week, when he got the 13l. 10s. from me, and he does not take notice of having got the 6l. 15s.
FREDERICK KELLY (Detective Sergeant E). I went to 219, Euston Road on the morning of 5th December—it is a private house—I saw the prisoner going up the garden, about 1 o'clock, in the middle of the night (Mr. Smith was with me)—I said, "I believe your name is Rust"—he said, "No"—Mr. Smith came up, and said, "Yes; that is the man"—I told him I was a police officer, and should take him in charge for forging the endorsement to a cheque for 6l. 15s.—I searched the house, and found private papers and letters, which Mr. Smith has seen.
Cross-examined. Q. When you took him to the station I believe he said that he did sign the cheque, and used the money for business purposes? A. Yes, when the charge was read over to him.
Witnesses for the Defence.
WILLIAM FREDERICK ROGERS . I am a gentleman, and reside at Great College Street, Camden Town—I have been some time in Mr. Smith's employment as amanuensis when he was out of the way—I have had notice to produce my cheques—I produce three cheques which I gave to the prisoner—the prisoner was at Salisbury Street on Saturday, 4th September—he presented this cheque (produced) to me, and said he wanted 3l. for the office—it was crossed, and I gave him this crossed cheque for 3l. (produced) on my own banker, dated, in error, 4th August—I paid the cheque for 6l. 15s. to my bankers, in Covent Garden, at once, with instructions to clear it—I hold a cheque in my hand, which I had lent him previously, dated 2nd September
No. 24,425—No. 24,426 is the August one; that was an error on my part, being so early in the month; it really was 4th September—I also have a cheque for 24s., dated 14th September—Rust frequently opened letters in the office, and it was my duty to enter them in Mr. Smith's absence—I put them on the desk—I never signed a cheque for Mr. Smith; I was too cautious—Rust was in the habit of signing post-office orders; but I am not sure about cheques—he always paid for the stamps—the Artison journal comes out on the 27th or 28th of the month; it is supposed to be published on the 1st—the Freemasons' Magazine is issued every Friday—there would be a large number that day to go to all parts of England, and some would go abroad; they were sent out before the beginning of the month, and sometimes not then, in consequence of an absence of money—Rust always paid my salary for the last twelve or eighteen months—he was publisher of the three periodicals, he managed them—he was a person of authority in the office—I considered myself under him—there was no concealment about the cheque.
Cross-examined by MR. BESLEY. Q. Were you in the service in 1867? A. Yes—my salary was raised, I believe, a shilling a week without my asking for it—the signature to this document is like mine; it bears date 8th July, 1867—I do not remember whether that was the time my salary was raised—it has been raised more than once—I borrowed money, from time to time, from my master—I had one loan, and I might have borrowed half-a-sovereign or a sovereign—I had not twenty loans; they were generally accorded with very bad grace—I borrowed 5l. in 1867 (looking at a letter)—I made excuses for not repaying it, and I explained it to Mr. Smith at the time, and part of it has been paid back—the letter of 11th August, 1869, is my writing—I do not know whether Mr. Smith was attending to business at that time—I say here, "Will you oblige me with the loan of 3l., to be paid as follows: 15s. on Saturday, 1l. 10s. on the 21st; and the balance on the 28th; the fact is the poor rates have been collected sooner than I anticipated, and I have to pay them, 7l. 8s. 9d. to day"—I do not mean that I have seen Rust sign Mr. Smith's name on a cheque—I had an interview with Mr. Smith on 30th October, about my passing the cheque through my banker's—I do not remember saying, at that interview, that I had never known him to sign Mr. Smith's name before—I might have said that, I was indiscreet—there was a debt of 3l. due to me from September 2nd, and this cheque represents it—all these cheques are taken from the same book—I hare not got the counterfoils—I buy twenty-four at once—this cheque of the 2nd was not drawn on the 12th, or the 22nd.
Q. Hold it to the light, and see whether there was not another figure before the "2" originally? A. I see what you mean; it is drawn with a very bad quill pen, and the prisoner said that they would not cash it—it is possible I might have written "1st September"—I have not got the cheques preceding, or the counterfoils, or the pads-book; but the cheques show that they have been through the London and County Bonk, by the stamp—the cheque of 4th August is from a new book, which accounts for the difference of 500 in the numbers—when I said that the cheques came from the same book I referred to these two—I had had a banking account there for six years, and yet I was borrowing to pay by instalments—I will explain that; I had not a large balance at my banker's, perhaps 1l., which I was bound to keep, and Rust said, "I shall have money on Saturday, and you can pay in this cheque to meet the 3l."—I went to my bauker's and bogged them to
pass it through, so that it should be paid on the Saturday, although the usual course is to do it next day—I was in a hurry, because I thought it would meet the cheque for 3l. that was coming in—I got my master's cheque on Saturday turned into cash to meet my cheque on Monday, and left his service on the Saturday night, without notice—I bad nothing to do with the books—I find in the prisoner's statement, "Cash received, 3l. 8s. from the Artizan office," and "Cash paid to Mr. Smith, 6l. 10s."—I may have put down 35s. for wages on Saturday night, but that is a mistake; it should be 30s.—this is not in the prisoner's writing—I find the items on this side, and on the other side, and 9s. 2d., 3s. 6d.; I do not see 6l. 10s.—I do not understand the account—I find 4l. 10s. and 1l. 4s., but not 16s.—I know nothing about the accounts whatever.
MR. W. SLEIGH. Q. Was it a common thing, or was it a very rare thing indeed, that the office should be hard up for money, and the clerks obliged to supply it? A. I have heard the prisoner say so many times and that he did not even know how he was to get the stamps to post the magazines—I left, I believe it was on the 4th, because I did not wish to be mixed up with this matter at all—he knew where to find me, but he pretended not to know my address—his solicitor has not communicated with me—a summons was left at the residence, on Friday, which I occupied when Mr. Smith employed me—I never absconded, or tried to run away—the "Instruct Rust," on this envelope, is, I have no doubt, in Smith's writing, and the "W. S." is very much like the way he used to sign his initials—I should certainly think it is his writing, without swearing to it, because I did not see him write it—I should also say that the prosecutor wrote this "Enter" on the back—it would have been inconvenient to me to have paid the loan of 3l. at once—1l. was to be paid back the first week, not 15s., because the prosecutor said it would come easier to me afterwards.
MR. BKSLEY. Q. Have you been shown the envelope, and the pencil writing? A. Yes; I have had them in my possession once—I do not remember whether that was at the Police Court—it was not just before I was examined as a witness—I did not hear my late master examined there, I was not in Court—I heard him examined to-day, and swear that this pencil is not his writing; I do not swear that it is, but as near as I can possibly go without seeing him write it—I do not pledge my oath that it is his writing, but I certainly think it is.
COURT. Q. Did you ever mention the transaction of the cheque for 6l. 15s. to Mr. Smith? A. Yes, on 13th October—up to that time I said nothing; I had left—I did not let him know; the prisoner was so much mixed up in the prosecutor's matters that it was not necessary—I did not think it wrong or suspicious in any way.
FREDERICK HEBBERT ROBERTS . I am a civil engineer; my office is at Adam Street, Adelphi—I have known Mr. Smith for the last ten years—I was articled to him, and was manager of his branch business—I have frequently seen him write—these words on the envelope, "Instruct Rust; entered July 31," are, to the best of ray belief, in Mr. Smith's writing, and the initials on the letter of advice are, to the best of my belief, the same.
Cross-examined. Q. Have you been subpoenaed to attend this trial? A. Yes, on Saturday afternoon; unwillingly—I did not say, to-day, that I had not been subpoenaed; I said that I came down for my own convenience, having met the case before, and came down to see the issue—Mr.
Smith and I have had disputes—I had an action against him—he did not bring an action against me—he won the day, and I had to become insolvent because I could not pay my costs.
COURT to F. KELLY. Q. Have you seen this envelope? A. No—I do not think it was among the papers I took from the prisoner.
MR. SMITH (re-examined). The envelope was produced by the prisoner's counsel, and it ought to have been among the papers in my office.
JURY. Q. Whose business was it to post the cash into the ledgers A. The prisoner's.
GUILTY Strongly recommended to mercy by the Jury under the very paculiar circumstances of Mr. Smith's office.— .— Four Months' Imprisonment.
NEW COURT, Monday, January 31st, 1870.
Before Robert Malcolm Kerr, Esq.
193. MARY ANN McLACHLAN (33) , to three indictments for feloniously forging and uttering authorities for the payment of 6l. 2s. 3d., 6l. 13s. 6d., and 4l. 3s., with intent to defraud— [Pleaded guilty: See original trial image.] Fifteen Months' Imprisonment.
196. JAMES WHENLOCK (20) , to stealing one hat and a quantity of tea and sugar, of the London and South-Western Railway Company, his masters— [Pleaded guilty: See original trial image.] Fifteen Months' Imprisonment.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
JAMES BRANNAN . I have been for thirty-one years employed by the Treasury—on 1st January, from information I received, I went to Sewaid-atone Road, about 3 o'clock, with other officers—we posted ourselves in a position to command a view of No. 14, and shortly afterwards the little girl (the prisoner Ellen) came from the door and passed us—we watched her to Mann's, the baker's, shop, and when she came out I sent Chapman in—he gave me information, and Inspector Honey went to a public-house—he took possession of a half-sovereign, and showed it to me—we watched the girl home, and about a quarter of an hour afterwards she came out again, and Honey and Chapman followed her, while I kept within view of the door of No. 14, and saw her return, and the officers folio wing her—I stopped her, and said, "My little girl, what is your name?"—she said, "Cave, sir"—I said, "Where do you live?"—she said, "14, down there, sir," pointing to the door which I had seen her go in and come out from—I told her she was suspected of passing coin which had been impaired, diminished, and lightened—she made no reply—I said, "Do you understand me, my girl, or shall I explain it to you?"—she said, "If you please, sir,"—I said, "For lighten-ing the sovereigns and making them of less value, and then passing them; you answer the description of a little girl that passed some light sovereigns to Mr. West, the brewer, in the Hackney Road"—she said, "Yes, sir, I had
them from my father, who is a collector in the City"—I said, "What have you got about you?"—she said, "Nothing"—Chapman said, "Yes; you have a sovereign you had at Mr. Telford's, the pawnbroker, for silver"—she then pulled from her dress pocket this little canvas bag, which contained this sovereign—a key was attached by a string to the dress—I said, "What key is this—she said, "The key of our door, sir; we live on the first floor, at No. 14, down there; my father and mother are at home, will you take me to them?"—we took possession of the key, and I detained her, but did not take her home—I gave the key to Chapman, with instructions to open the street door quietly; he did so, and Honey and I entered the passage and immediately went up stairs, and, in the first floor hack room, we found the male prisoner with his wife; he sat by a table, which formed a bench, in a recess between the fireplace and the wall—I saw him take his hand from the top of this box (produced)—he was seized on one side by Honey, and I seized his other arm—Honey put his hand in his right coat pocket, and took from it 4d. in copper and two sovereigns, a loaded pistol, with powder and boll, capped, and half-cocked—I told him I had a search warrant, and he was entitled to have it read—he said, "All right"—I looked at the two sovereigns, and saw, without using a glass, that they had been tampered with; I afterwards used my glass and found evident traces of it—I looked at the box, and found two galvanic batteries, charged with solution, an outer jar, containing sulphate of zinc, and an inner jar, containing this solution (produced)—inside the battery was this broken inkstand, containing a solution, which has been analyzed by a chemist; I tested it on some paper, and found that it obliterated the print, and that it was acid—I took possession of a number of bent wires, a file with white metal on it, a large quantity of white metal, some plaster of Paris, and other articles used for coining purposes, also this piece of board, hollowed out in the middle, much used, and this wire brush, and these scales and weights—he said, "I suppose you chaps expected to find me here coining"—I said, "We find you at almost as mischievous a calling"—he said, "If you were to go to any electro-gilders in Clerkeuwell, you would find batteries like them"—I said, "Probably we might; but we might not be satisfied in finding two sovereigns in their possession which have been tampered with ai these have been"—he made no reply—I emptied the battery charges into bottles, and left them at the Mint with the chemist—I strictly enjoined Chapman to take great care of the teacup of sulphuric acid; it had a heavy deposit in it—I then went into the adjoining room to search, and heard Inspector Brannan call out to me, "If there is anything material in that cup, prisoner has thrown the contents in the fire"—the prisoner said, "It only contains sulphuric acid."
Prisoner (James). Q. What distance is it from the front door of the house to my apartments? A. Twelve or fifteen feet—I did not count the stairs—I went up two or three at a time—I found no wet coin or metal, but this pair of wooden pliers were wet—the coins might have dried in your pocket—I do not know that you have diminished gold coin, but I have reason to believe you have done so very extensively—you got full value for the coins afterwards, which you could not have got at a bullion office—I cannot prove that your daughter knew she was tendering light coin—many light coins are circulated daily—not one shopkeeper in fifty weighs them.
—I followed her to Mr. Mann's, a baker's, 150 yards off, and saw her leave—I then, in consequence of information from Chapman, went to the Prince of Wales' public-house, and the barman, Fordham, gave me this half-sovereign (No. 8)—it was rough, and appeared to hare been tampered with—I showed it to Bran Nan—I saw the girl leave the house again—I had not seen her go in—I followed her to Gloucester Place, Hackney Road, where I missed her—I waited there, and shortly afterwards she came back, and I followed her, and met Mr. Braunan—we stopped her about 150 yards from her house, and Brannan spoke to her—we then went into the house—the passage is about three or four yards long, and there is a flight of stairs—Chapman opened the street door—we found the male prisoner and his wife in the room; he was sitting on a chair, with this box, in the act of fastening it—the things taken from the room have been in my charge ever since—I drew the charge from the pistol; it was loaded with powder and ball, and was capped—I produce some crucibles, two ladles, with white metal adhering, a blow-pipe, two life preservers, a sling shot, and four daggers—I received these three sovereigns, 5, 6, and 7, from Mr. Sutcliff—I also produce a book and a piece of paper.
Prisoner (James). Q. What time did it take you from the front door till you got to my apartments? A. About a second and a half—I did not see any coins or metal undergoing the process of reduction, or anything wet, at if it had come from the battery—I had you in custody.
SQUIRES JIGGER . I am barman to Joseph West, who keeps the Temple Brewery, Hackney Road—on 11th December the female prisoner care in, alxnit 6.45, for a pint of fourpenny ale, and gave me a sovereign—I put it into the change-drawer, where there was no gold, and gave her the change—I saw my master take the sovereign away, about half an-hour afterwards, and he gave me instructions—on 23rd December the girl came in again, for a pot of fourpenny ale—I recognized her—she paid with a sovereign, which I put into the till, the change-drawer—I saw my master take it out—then was no gold there—I noticed that it felt a great deal lighter than other sovereigns.
Prisoner (James). Q. How do you recognize my daughter? A. By her features.
THOMAS CHARLES CLARK . I am also a barman to Mr. West—on 28th December the girl came in, about 11 o'clock, for a pint of fourpenny ale, and gave me a sovereign—I gave her change, and in consequence of instructions I had received, I had her watched by Knight, the potman—I had seen her in the house before, two or three times, and have not the slightest doubt about her—I gave the sovereign to Mr. West—it is rather more than a quarter of a mile from Mr. West's to the prisoner's house, and be could have got fourpenny ale at fourteen other houses nearer.
Prisoner (James). Q. Is not the beer sold at brewers' better than you get at public-houses? A. Yes, far superior.
MR. COLERIDGE. Q. Are there any breweries between your house and his? A. Yes, two.
JOSEPH WEST . I keep a brewery, and have a branch establishment called the Temple, at the corner of Temple Street—previous to 20th December I had received two sovereigns from the Temple, which looked as if
they had been tampered with—I weighed one, and it was light—in consequence of that, I gave instructions to Jagger, Clark, and Wright—on 11th December, in consequence of something I was told, I took a sovereign from the change drawer, weighed it, locked it up, and afterwards gave it to the police—it was much lighter than it ought to be—on 23rd December I took a sovereign out of the change drawer, weighed it, and found it was twelve grains light—Clark also brought me a light sovereign, which I handed to Mr. Sutcliff, my assistant—I had seen the little girl in the house on several occasions, and saw her once pay four coppers for a pot of ale, and a sove-reign on the 23rd.
Prisoner (James). Q. Where were you when my daughter changed the sovereign, on the 11th? A. I was absent then—I know it had been tampered with, by its appearance—I recognize her by her appearance; I could pick her out from a hundred, by her features—I had taken no other gold coin that morning, there was none in the drawer—I looked it up in my scale box, after weighing it and finding it light.
RICHARD SUTCLIFF . I am assistant to West & Sons—on 28th December I received three sovereigns from Mr. Went, which I marked, at the Police Court, on the right side of the crown—these marked "5," "6," and "7," are them; these are my marks—I left them with Inspector Honey, having marked them in his presence.
JAMES BRANNAN (Police Inspector). On 1st January I followed Brannan and the other officers to the prisoner's house—they left me in charge of the male prisoner—he was in a very excited state—there was a cup there, with some liquid in it—he said he was thirsty, and wanted some water; he reached over to the cup, threw the contents of it into the fire, went to a jug, rinsed the cup out twice, put some water in it, and put it on one side without drinking it, which aroused my attention, and I asked the first witness if there was anything in the cup; he said, "Yes."
Prisoner (James.) Explain what you mean by being "excited." Witness. You were trembling, and nervous, and I told you to be calm—a glass might possibly have been taken from the table when I was not there—you never raised the cup to your lips, which excited my suspicion.
WILLIAM CHAPMAN (Policeman K). On 1st January I went with Brannan and Honey to Sewardstone Road, and saw the girl come out of No. 14—I followed her to Mrs. Mann's, and saw something pass from her to the little boy, who went across to the Prince of Wales public-house—I stopped and asked Mrs. Mann what the girl came for—when the boy came back he gave something to the girl; I could not see what—she then left, and I followed her home, and then to Telffer's, the pawnbroker's—I spoke to Honey, who went to the Prince of Wales, and afterwards showed me a half-sovereign (No. 8)—I saw her come out of Telffer's, and on the way back she was stopped by Brannan—I took the key, went to the first floor back, and saw the male prisoner sitting in a chair, in front of a box—his wife took these three rings (produced) off her fingers, and said, "This is what my husband do, he has gild these three rings for me"—I gave them to Honey—I was left in charge of the male prisoner while Brannan and Honey went into the back room—he said, "I want to drink," and took this cup off the mantel-piece, threw the contents into the fire, rinsed the cup out, and raised it to his lips; but I do not think he drank—I found this book (produced)—I assisted Honey
in taking the coals out of the fire—we took them to the Mint—I produce a sovereign and a half-sovereign, numbered 3 and 4, which I received from Mr. Westaby.
Prisoner (James). Q. How long did it take from the time you opened the door till you arrived at my quarters? A. It might be six or seven seconds—I found no coin or metal undergoing the process of reduction by the battery, or any coin which looked as if it was taken from an acid.
WILLIAM WESTABY . I am a butcher, of the Hackney Road—on 13th December, between 10 and 11 o'clock, a girl came to my shop for 2 lbs. of ham and beef, which came to 2s. 1d.—she gave me a sovereign; I told her I thought it was light—she said that her father took it in the City, that morning—she gave me her right name and address, and I gave her the change, and marked the sovereign—this is it (No. 3)—I ultimately gave it to Chapman.
Prisoner (James). Q. Was it of a King or a Queen? A. The Queen—I put a cross on the head—I took it because the girl gave me her address, and I said, if I could not pass it, I would send it back, which I should have done.
MARTHA SCADDON . My father keeps the Royal Victor public-house—on Tuesday, 11th December, I served the female prisoner with a quartern of gin, and she gave me a sovereign—I weighed it, and found it considerably light—I asked her where she lived—she said, "14, Sewardstone Road"—I told her she had better fetch her father or mother, and she returned in a quarter of an hour with the male prisoner, he spoke to my father, who gave him the sovereign back—he asked what was the matter with it, and rang it twice on a form in the shop—I said, "It is considerably light in weight, that is all"—the gin came to 6d.—he paid with a half-crown, and took the sovereign away.
WILLIAM SCADDON . I am the father of the last witness—on 4th December she gave me a light sovereign—I retained it—there was a little girl in the shop—the prisoner afterwards came—I gave it back to him, and he paid me with a half-crown—I instructed the boy to watch him, to see that he gave the right address.
JOHN MANN . I live with my mother, a biscuit baker, at 1, Bonner Road—on 1st January this little girl came to the shop for a quartern loaf, and gave me a half-sovereign—I had no change, and went to get it at the Prince of Wales, where Henry Fordham gave it to me, and I took this change back, and gave it to her—I am sure she is the girl—she had been in before, several times, and nearly always paid in gold.
Prisoner (James). Q. Did you ever hear of any of the gold you received before, being light? A. Yes.
HENRY FORDHAM . I am barman at the Prince of Wales—on 1st January the little boy, Mann, came for change for a half-sovereign—I put it in a glass, where there was no other, and gave him the change—shortly afterwards Honey came in, and I marked the half-sovereign, and gave it to him—this is it (No. 8).
Prisoner (James). Q. What was in the glass? A. Four sovereigns—I am positive this is the coin the boy gave me.
HENRY LOWE . I am assistant to Mr. Telffer, a pawnbroker, of the Hackney Road—on 1st January the female prisoner came and asked me to give her a sovereign for 1l. worth of silver—I knew her by sight, having seen her there before—four of us serve in the shop, and I had not served
her before—I gave her the sovereign, and she left the shop with it in her hand—she brought the silver in her hand.
ELIZABETH BATES . I am the wife of George Bates, of 14, Sewardstone Road—about three months ago the male prisoner took our first floor lodging, for himself and his wife and child—they lived together there—he was mostly indoors—he told me he lived on his private income—only one person came once to see them, and that was a long time before he was taken in custody—the little girl brought me a half-sovereign for the rent—I tried to change it, and it was short weight—I returned it to the prisoner's wife.
Prisoner (James). Q. Do you remember what my wife did with that half-sovereign? A. No—she did not pay me the rent that day—I do remember now that your wife sent your daughter to change that half-sovereign at a public-house where she had got it from some time before, and the person gave her another, remarking that it was the same she had given her; but as far as my memory goes I did not receive it.
Prisoner (Ellen). When Mrs. Bates brought it up it was given to Emma, on the landing—my mother asked me where I got it—I said, "From the Prince of Wales, the day before," and I took it back, and the young woman give me another for it—the barmaid was there—after she gave it to me she said she remembered taking the one the day before, and I gave Mrs. Bates the half-sovereign for the rent. Witness. I got it in silver, as far as I can remember.
WILLIAM DENNIS . I am assistant to Mr. Griffiths, a chemist, of 41, Clerkenwell Green—the male prisoner has been in the habit of coming there constantly, since 16th July, and has purchased cyanide of potassium, an ounce at a time—he has frequently asked me to give him a sovereign for 1l. worth of silver.
Prisoner (James). Q. Have I not purchased other chemicals there? A. Yes.
WILLIAM CHANDLER ROBERTS . I am chemist to Her Majesty's Mint—I have examined these articles—this box contains two batteries, a wire brush, a pair of scissors, two steal burnishers, and a clasp knife—there is no trough to the butteries, but a tea cup could be used as a trough—various solvents may be used in the trough; cyanide of potassium and various acids—there are two wires, which are in a very similar position to that in which they would be used for electro-gilding—this battery would extract gold from sovereigns, with the aid of acids—with the connection complete, a sovereign would be decomposed—I received the charges drawn from the battery, and charged it with them—I then operated with it upon a half-sovereign, using a solution of cyanide of potassium in the cup, and removed from the half-sovereign these three-tenths of a grain of gold (produced)—I used the other battery, and worked with hydrocloric acid, by which means I removed ten grains of gold from a sovereign in an hour—I have analyzed the liquids with which the battery was charged; one was sulphate of copper, and the other sulphate of zinc—the acid in the cup contained a small quantity of gold—the board with a round hole in it is, I believe, used as a support for the coin after its removal from the solution—here is a sovereign which has been practised upon, and which is still uncleaned; it is dull—this brush would brighten it, and take off the rough red appearance—these bent wires are used to support the coin in this position—the process of electro-dissolu-tion is precisely the reverse of electro-plating; the one is putting gold on, the other is taking it off: you just change the wires—I believe this
sovereign, No. 1, has been so acted upon; it has lost eleven grains of gold, which, at 2d. a grain, is 1s. 10d.; No. 2 has lost twelve grains and a half; No. 3, thirteen grains; No. 4 has been withdrawn; No. 5, fifteen grains; No. 6, thirteen grains; No. 7, twelve grains; No. 8, seven and a half grains—twenty-two parts out of twenty-four in a sovereign are gold—part of the alloy would be deposited with the gold, and part would remain in the solution—a lot of alloys were handed to me; they were principally lead and tin; also some emery powder, which he used to polish sovereigns, and remove gold from their surface—the constable brought me ten ounces of coal—I analyzed 200 grains of it, and obtained half a grain of gold (produced), and some traces of copper—these chemicals are, nitric, sulphuric, hydrocloric, prussic, and cyanic acids, and cyanide of potassium—assuming such a process to be carried on, some of those acids would be used—I have also found gold in the shavings or scrapings of these wooden pliers—this packet is labelled, "Protosulphate of iron"—that is used for precipitating gold, depending upon the solution—here is also some chlorate of potass, and a bottle marked, "Nuxvomica"—those might be used in subsequent operations, I cannot say—I believe these three rings to be brass-electro gilt.
Prisoner (James). Q. Are there not several kinds of galvanic batteries? A. Yes; this is a very suitable one for electro-plating—they are used by mere amateurs sometimes, and they would have the same articles—then are no articles here which would only be used for reducing gold coin, but the construction of the wires I attach great importance to—it is necessary, in gilding, to avoid putting the copper wire into the solution—I could not reduce gold with this battery, without a gold solution in the decomposing trough—the gold I found was nearly pure, there was a slight trace of copper—if it had been taken from a sovereign it would have been of the same quality, provided you had not used copper wires—I do not consider that a person wishing to obtain gold would use copper wire to sustain the gold to be dissolved, and spoil his gold—the coins I have experimented upon might he circulated among persons whose suspicions had not been aroused—you could get gold from a bag of powdered quartz with this battery, if there was metallic contact—the battery would be just the same if it was used to extract gold from any old gilt articles.
MR. COLERIDGE. Q. You say that a person who wanted to get the best gold would not use copper wire to get it with? A. I consider not—copper is much more easily reduced than gold, and if there is a small quantity of copper in a solution it will come down first—I found gold on the opposing copper wire; it is only at the dissolving wire that the copper would be injurious to the gold.
COURT. Q. There is no doubt that by means of this machine gold could be dissolved, whether a sovereign, a gold brooch, or quartz? A. Certainly—the cup, which may have been used as a dissolving trough, contained a small quantity of gold, and there was some on the opposing wire, which was done by accident—no one wishing to deposit gold would use copper wire, because there would be more copper than gold deposited.
James Cliford, in his defence, stated that, if he fad been engaged in any illegal transaction his door would have been fastened. He entered into the construction of different galvanic batteries, and contended that those found would not be the best adapted to the purpose suggested; stating that what in the cup was a mixture called "pickle" which was used to clean metals before undergoing electroplating, by removing the oxide from them, and contends
that if the gold found by the chemist had been, taken from sovereigns, is would have been standard gold, which it was not proved to be, and that all the articles found were those used by ordinary electrotypists. He stated that he was an artillerist, and had been twenty years experimenting in torpedos and shells, and that the chemicals found were used to make an explosive substance twelve times stronger than the best blasting powder; that he made the shells watertight by depositing copper upon the joints by the electrotype process, and that he received the gold coins in change, and had not diminished them; that the pistol was used for experiments with the torpedos, and that he had served twenty-two years for his pension, which would be forfeited if he was convicted.
MR. COLERIDGE withdrew the case against
ELLEN CLIFFORD— NOT GUILTY .
JAMES CLIFFORD— GUILTY — Two years' Imprisonment.
NEW COURT—Tuesday, February 1st, 1870.
Before Robert Malcolm Kerr, Esq.
200. PATRICK DUNN (32) , to feloniously breaking and entering the shop of Andrew Campbell, and stealing therein two watches and other articles, his property— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment. And
201. ALFRED SPALDING** (17) , to stealing eight watches and other articles, of Mark Leopold Muller, his master; also to stealing a cash box and 32l., of William Parminster, his master— [Pleaded guilty: See original trial image.] Three Months' Imprisonment on the first indictment, and Twelve Months' on the second.
MESSRS. CRAUFURD and B. F. WILLIAMS conducted the Prosecution..
ALFRED HENRY AUSTIN . I am an eating-house keeper, at 125, Ossulston Street, Somers Town—on 5th January, I served the prisoner with a 1/4 lb. of ham—she gave me a florin—I gave her the change, and she left—I after-wards found it was bad, marked it, and took it to the police-station—this is it (produced)—I saw the prisoner again two days after, when she came for 2 ozs. of ham, and gave me a bad shilling—I walked round the counter and shut the door, and before I said anything, she said, "I did not know it was bad"—I said, "I did not say it was bad"—I gave her in charge with the shilling.
Prisoner. I never said I did not know it was bad, until you told a lady in the shop that it was bad, and showed it to her. Witness. That is not true; the lady said that she had taken two or three lately, and asked me if it was bad.
Prisoner's Defence. I did not know the shilling was bad. I was never in the shop before.
GUILTY — Eight Months' Imprisonment.
MART ANN SHAW . My husband keeps a milk shop in Stanley Street East—on 21st January, in the evening, I served the female prisoner with three new laid eggs, which came to 4 1/2 d—she gave me a crown—I called to my husband in the parlour for change—he brought me 4s., which I gave her, and the rest out of the till—when she left, I went to the door; she crossed over and joined the male prisoner—I then handed the coin to my husband, who found it was bad—at the time I asked my husband for the change, another woman came in with a child—she afterwards left, and walked behind the prisoners.
Prisoner Ellen. I am not the person who gave you the crown. Witness. I am sure of you.
THOMAS SHAW . On 21st January, my wife called me into the shop to give change, and I saw the female prisoner there; after she left I bit the crowed, found it was bad, ran out, and saw the prisoners together, and a young girl with them—the prisoner Ellen then had a baby—I followed them to Shoreditch, where I informed an officer, and gave him the crown—I followed him into the White Horse and charged the prisoners.
EDWIN BENNETT (Policeman G 28). Mr. Shaw pointed out the prisoners to me in Shoreditch—G R 13 followed them with me to the White Horse—I went in and told the woman she was charged with uttering a crown in Stanley Street—she had a child in her arms—other persons were there, but I cannot say whether she was with them—she said she knew nothing about it—I told the male prisoner, as he was in her company I should search him—he said, "You can do so"—in his breast pocket I found three new laid eggs, and in his trowsers pocket 6d. and two halfpence—I took him in custody—going to the station I had him by the right arm, I saw him shake his left arm, and saw something white go from it; a boy picked up two counterfeit crowns in white paper, and handed them to me; I showed them to him, and said, "I saw you throw something away"—he said, "It could not be me, you searched me in the house."
THOMAS HARDY (Policeman G R 13). I took the female prisoner; the male prisoner was in front of us on the way to the station, and I saw him jerk his left arm; something fell close to my feet, which the boy picked up—fifteen shillings, three florins, and two halfpence were found on the woman; she gave it up voluntarily, and said that it was all she had, and that she had no bad money—I received this bad crown from Mr. Shaw.
Henry Bollinson's Defend. The female prisoner is innocent, and I am guilty.
Ellen Bollinsar it Defence. I am innocent; it was the other female.
GUILTY *— Two Years' Imprisonment each.
MESSRS. CRAUFURD and B. F. WILLIAMSM conducted the Prosecution.
Luke's—on 38th November I served the prisoner with a half-quartern of port wine, which come to 3d.; she tendered 1s.; I gave her the wine and the change, and she left; I then noticed that it was bad, and put it by itself—on 1st December, near 10 o'clock at night, she came again with a teacup for some port wine and gave me If.; I told her it was bad, and I should detain her, as she had been there before—she said nothing, and I gave her in charge, with the two shillings.
CHARLES HARRIS (Policeman G R 21). I took the prisoner on 1st December, and received these coins (produced)—I asked her where she got them, and who sent her—she made no reply—I was in uniform—she was taken before a Magistrate, remanded, and discharged on 8th December.
COURT to the Prisoner. Q. Who gave it to you? A. My mother, sir.
JOHN BOLLARD . I have heard what my son has said, it is correct—my mother asked the prisoner where she got the 6d.—she said that her aunt gave it to her; we asked where her aunt lived—she said she did not know—I gave her in charge.
Prisoner. I did not say it was my aunt; it was my mother.
JOHN GOODCHILD (Policeman G 122). I took the child in custody, and received this bad 6d.—I asked her where she got it—she said her aunt gave it her—I asked where her aunt lived—she said she did not know—I asked her where she lived—she refused her address, but gave her name—1d. was found on her.
NOT GUILTY , believing her to have acted under the influence of others.
MESSRS. CRAUFURD and B. F. WILLIAMS conducted the Prosecution.
WILLIAM JAMES MOORE . I assist my father, who keeps the Red Lion, Hanway Street—on 5th January the prisoner came in for twopennyworth of gin, and gave me a shilling—just as she had gone out I found it was bad—she came again on the 12th; I recognized her immediately she came in—she asked for twopennyworth of gin, and tendered another bad shilling; I bent it, and gave her in charge, with the shilling—she said that she had been at home six weeks, and was not there the Wednesday before.
JOHN MIDDLETON . I am constable of Hanway Street—I took the prisoner on 12th January and asked her if she had got any more about her—she said, "No," and handed me a good shilling and 1d.—she gave her address Victoria Villas, Poplar, which I knew to be false—I received these two bad shillings from Mr. Moore.
GUILTY . She was further charged with a former conviction at this Court, in Janttary, 1863, to which the PLEASED GUILTY— Five Years' Penal Servitude.
MESSRS. CRAUFURD and B F. WILLIAMS conducted the Prosecution.
—he said, "Little girl, will you go and get a stick of celery at Mr. Blogg's?"—that was only just round the corner—he gave me a florin, which I gave to Mr. Blogg, who kept it, and I went back to the prisoner, at the corner of William Street, and told him he was to go back to Mr. Blogg—he said, "I have made a mistake," and went away.
JOSEPH BLOGG . I am a greengrocer, of 42, Marylebone Lane—on Satur-day night, 8th January, the last witness came in for a stick of celery and tendered a bad florin—I went out, but could not see the person who had sent her—I tried it with my teeth, and it was soft—I put it in the scale, and my young man took it.
JAMES PRICE . I shall be nine years old in April—I live at 21, James Street, Oxford Street—on Saturday night, 8th January, about 9 o'clock, I was in Wigmore Street, and saw Russell there (see next case)—he said, "Here, Jimmy, run over the way and get me a 1/2 lb. of steak"—he gave me a florin—I went to the butcher's, got the steak, which came to 5d., and took it with the change to Russell—I went down to Marylebone Lane, and as I came back the prisoner stopped me, and said, "Tommy, you know the oil shop over the way?"—I said, "Yes"—he said, "Go in and get me a 1/2 lb. of candles"—he gave me a florin; I got the candles and change and came out, but could not find the prisoner—a third man, not Russell, took the candles and change, and he gave me a halfpenny—he was with the prisoner when he gave me the florin—I did not see the prisoner again.
THOMAS EDWARD WAY . I am a butcher, of 65, Wigmore Street—on Saturday, 8th January, I went to the station, and was shown some steak, wrapped in similar paper to what I was using—I found three bad florins in my till, that night, and gave them to King, at the station, having marked these two (produced)—I bent them in a detector; they are both of 1864—I did not serve the steak.
THOMAS WHITE . I serve in Mr. Winnington's oil shop, High Street, Marylebone—I served a little boy with some candles, and got this florin from him (produced)—I put it in the till, where there were others, and gave him the change—Mr. Winnington took a bad florin out of the till twenty minutes afterwards—all the rest were good—the candles were done up in paper, without string—I have identified the paper since.
JAMES CHRISTIE . I am a sail and sack maker, of 7, Paddington Street—on Saturday night, 8th January, I saw the prisoner in the Rising Sun, Paddington Street, and Russell on the opposite side of the road—a third man, who has been discharged, was mending a cab outside the public-house—I saw Russell give a florin to the little girl, who went in and changed it—the prisoner then came out, and beckoned to Russell, who took off his hat to him, and came and took the change from the girl, and a little bottle of rum—the prisoner then went in and drunk a glass of ale—I informed King, the detective—I afterwards saw the prisoner come out of the cab, and Russell cross the road, near the cab—the police then came and took them, and I drove the cab to the station-house, and saw it searched by Sagan—it contained candles, steaks, chops, tobacco, a pair of mitts, a bottle of rum, some soap, and some scidlitz powders.
GEORGE KING (Policeman D 76) Christie fetched me from the station—I went to the corner of Paddington Street, and saw Russell there, shifting his hat—I seized him, and handed him to a constable—I crossed the road, and saw a man named Jones standing with a Hansom's cab, at the door of a public-house, and handed him to a constable—I then met the prisoner
coming out of a public-house, wearing this cabman's badge, No. 10,970—I seized him, and handed him to Wood—I directed Christie to drive the cab to the station, and went and assisted in taking Russell, who I searched at the station, and found eight shillings, some sixpences, and other good money—on the prisoner I found two packets, unsealed, with seven florins in each, with tissue paper between them, and one packet containing twelve shillings, wrapped in the same way, and sealed—I laid them on the table, and he said, "You have got it now; you will find some more in my boots, if you look"—I said, "Then pull them off"—he pulled them off, and there was nothing there—I also found on him a shilling and two sixpences, good, and some halfpence—I received four florins from Way, one from White's employer, four from Mr. Simmonda, a publican, in High Street, and another from a fishmonger, in Marylebone Lane—I do not know whether the prisoner is a cabman.
THOMAS WOODS (Policeman D 179). I took the prisoner—he resisted very violently—I had him by the left hand; he tried to put it into his pocket—I took him by the right hand, and he dropped something—he still resisted, and I got another constable to assist me.
JOHN WILLIAM DARNELL . I am a cabman, of 6, Phillips' Buildings, Somers Town—I gave my Hansom's cab to the prisoner about 7 p.m., and asked him to take it home for me—I have seen him about cab stands for two months—I did not give him my badge, I left it on the seat of the cab, while I went into the public-house—this is my badge.
WILLIAM WEBSTER . The coins produced are all bad—these four florins of Mr. Way's are one of 1859, and three of 1864, the latter from one mould—this florin of Mr. White's is from 1859, and from the same mould as the other of that date—here are several others from the mould of 1864.
The prisoner produced a written defence, dating that he was entrusted with the cab to take home, but that two men hired him and gave him drink, and he did not know what was in the cab, and that Bussell was a perfect stranger to him.
He was further charged with having been before convicted of a like offence in April, 1869, to which he PLEADED GUILTY. (See next case).
MESSRS. CRAUFURD and B. F. WILLIAMS conducted the Prosecution; and
MR. BROMBY defended Russell.
Cross-examined. Q. Where did you first see the man you call Ruisell? A. Only that night; he was in St. John's Court, going out of Wigmore Street—I have always been sure of him—when I saw Gayton he was in Marylebone Lane—I saw three men at the Police Court—the policeman did not tell me who they were, I knew—I said before the Magistrate that the policeman came up to me and said, "Those are the three men; are they the men Who gave you the money?"—I then said that I remembered them, I had not said anything about them before.
MR. CRAUFURD. Q. Who asked you to point out the men at the station? A. Mr. King—my father took me to the station and I saw thro men in
custody, the two prisoners and another man—I knew them as soon as I went in.
Cross-examined. Q. I suppose you sell a great many half pounds of steak on Saturday nights? A. Yes, it goes on for some hours—they are always put in the same kind of paper as this was.
Cross-examined. Q. When Gayton came out, did he call Russell over? A. He beckoned him over, and they talked two or three minutes.
Cross-examined. Q. You did not see Russell with the other men at all? A. No, he stood on the opposite side of the way.
GAYTON— GUILTY — Five Years Penal Servitude.
RUSSELL— GUILTY — Twelve Months' Imprisonment.
MR. CRAUFURD conducted the Prosecution; and MR. PATER the Defence.
ELIZA JANE PLIMLEY . My father keeps a greengrocer's shop, at Bays-water—on the Wednesday or Thursday before Christmas, the prisoner came in for 4d. worth of Brussels sprouts—she gave me a shilling—I gave her the change, and she left—I kept the shilling in my hand, and gave it to my father—I pointed out the prisoner, and he spoke to her.
Cross-examined. Q. Were you very busy that day? A. Yes, but there were not a number of people in the shop at the time—I had seen the prisoner once before; a fortnight previously.
FRANCIS PLIMLEY . I am the father of the last witness—she gave me a bad shilling, and pointed out the prisoner—I stopped her a few yards from the shop, and said, "You have given my daughter a bad shilling, and I am afraid it is not the first"—she took it from my hand, and gave me two good sixpences—on 15th January, about the middle of the day, I saw her passing my shop, on the opposite side—I am snore she is the same woman—I watched her into Mr. Tyrrell's shop, and went in when chef came out, and spoke to Miss Tyrrell, at the desk, who gave me two shillings, one of which was bad—the prisoner then went to Mr. Short's, a few doors farther on, and then I saw her given in custody.
Cross-examined. Q. Bow did you test the shilling? A. I put it between my teeth.
GEORGE TYRRELL . I am a butcher, of 8, Orchard Street, Bayswater—on 15th January I served the prisoner with meat, which came to 1s. 5 1/2 d.—she gave me two shillings—my sister was at the desk; she had moved them, but had not put them in the till when Mr. Plimley came in—the prisoner had then left with the meat.
Cross-examined. Q. Did you think the shilling was good, and did your lister take it? A. Yes.
JAMES SHORT . I am a greengrocer—on 11th January, about 1 o'clock, I served the prisoner with two Spanish onions, which came to 2d.—she gave me a shilling—I gave her 10d., and she left—I put the shilling in a till, with coppers only—59 X then came in, and I gave it to him—I tried it, and it was soft.
Cross-examined. Q. When you received it, did you believe it was I good? A. Yes—there was silver where I put it, but no shillings, as I examined to see.
MR. CRAUFURD. Q. I suppose the silver was in a different bowl to the copper? A. Yes, and the shilling I received from the prisoner I put where there was nothing but copper.
GEORGE DAW (Policeman X 59) I received information from Mr. Plimley, went to Mr. Short's shop, and saw the prisoner coming out—I reached over the counter, looked into the till, and saw a shilling, with some coppers, and no silver near—he handed it to me, and I found it was bad—I took the prisoner at Mr. Tyrrell's, and told her the charge—she said, "I do not believe I passed it"—she was searched, and a shilling, seven six-pences, a fourpenny piece, two threepenny pieces, 1s. 3 1/2 d. in copper, 5s. worth of postage stamps, some potatoes, onions, a bottle of ink, and two 1/4 lbs. of tea were found on her—I produce the coins.
Cross-examined. Q. Did you tell her where she had passed the two shilling? A. She was in the shop where she had passed one, Mr. Tyrrell's—all the money I found on her was good.
GUILTY *— Twelve Months' Imprisonment
COOK PLEADED GUILTY to the stealing only— Twelve Months' Imprisonment. MR. BROMBR, for the Prosecution, offered no evidence against
ST. GEORGE— NOT GUILTY .
OLD COURT.—Wednesday, February 2nd, 1870.
Before Mr. Justice Byles.
BROWN— PLEADED GUILTY — Fifteen Years' Penal Servitude.
MESSRS. F. H. LEWIS and MACRAW MOIR conducted the Prosecution.
EDWARD HILL . I am second underwriter in the Monarch Insurance Company's offices, at 2l., Finch Lane—on 8th November, 1869, the prisoner, Brown, came to the office, and effected two insurances—these are the two policies—they are upon barrels of herrings—one is for 100 barrels, in the ship, James, from London to Fecamp—he told me he was a fish curer, at Gravesend, and he gave me this card, "Francis Brown, jerring curer and general fish dealer, 73, Peppercroft Street, Gravesend"—I told him the policies would be ready on the 10th—he said he would send a messenger from Gravesend for them on the 10th—I don't know whether he called on the 10th—he certainly called on 11th November, and had the policies—on 15th November, about 11 o'clock in the morning, he came again to the office—I saw him; he had a boy with him—I recognize Terry as the boy who came with Brown on the subsequent occasion; but I can't swear to him on the 15th—he was a boy of that appearance—he had a basket with him—Brown told a very pitiful tale about his loss; he began by saying it was a very unfortunate affair the poor fellows were gone, that they had struck on a piece of wreck; that it was with very great difficulty he and the boy got away, the boy being in the cabin; that the master and men were lost, and he managed, with the boy, to get into the boat with great difficulty,
and they were picked up by a French lugger, and taken to Margate, from whence they were forwarded by the Shipwrecked Mariners' Society—he said they were picked up on the Sunday evening previous—this was on the Monday—ho handed me a letter from Mr. Stranach, the agent of the Shipwrecked Mariners' Society, at Margate—this is the letter—(Read: "Mr. Francis Brown, having, through misfortune, been shipwrecked, has been received by the agent of the Shipwrecked Mariners' Society, and provided with a bed and free passage to London; also James Terry, of Gravesend, belonging to the same vessel, namely, the sloop, James, of London. Signed, Jeremiah Stranach, Honorary Agent"—all the statements that I have given were made by Brown, in the presence of the boy, and he acquiesced in one or two points—Brown appealed to him with regard to the difficulty of getting away from the wreck, and he nodded his head—he went on telling me of the difficulty he had to get away, for some time—I told him that he had better send me the policy and bill of lading, and I supposed, as the survivor, he would have to make a protest—on the following day, Tuesday, I received this bill of lading, with a letter and the policy, by the first post—it purports to be signed by him—(Read: "Gravesend, November 15th. Signed, Francis Brown. Dear sir, I have sent the policy and the bill of lading, which I hope you will receive safely. If you will please to look in Monday's Shipping Gazette, you will find the vessel reported. If you wish to see me in the matter, please communicate with me as under, 73, Peppercroft Street; I will come up if possible; but my foot is so extremely bad that I can scarcely stand, therefore you had better write ")—I did not notice that he was lame when I saw him—(The bill of lading was for 100 barrels of herrings, dated 11th November, and purported to be signed by Thomas Moore, master of the ship, James)—I have looked carefully through that document—I don't see any party signing his name as consignee—on 22nd November I received another letter, signed, "Francis Brown," and wrote an answer, of which I have a copy—the note of protest came in the second letter—this is it—on 6th December the two prisoners came to the office—Brown asked for the underwriter, Mr. Tatlock—he told him he had brought the boy with him, and wanted to know if he wished to ask him any questions, as the boy wished to be off—the boy said nothing—on 10th December, according to appointment, Brown came alone, for his cheque for the loss—the boy was not with him—I gave him this cheque—(This was dated 10th December, 1869, on the Union Bank of London, for 200l., in favour of Francis Brown, or order, and signed by the directors. The receipt was dated London, 10th December, 1869; signed, Francis Brown. Received of the Monarch Insurance Company Limited, 200l., per James, policy No. 941)—I am not able to say whether that was the basket the boy had (looking at one produced)—it was one similar to that—I saw it on the first interview, when he told us of the loos.
Terry. The gentleman never asked me any question, or I should have told him.
GEORGE MATTHEW ARNOLD . I am A solicitor and notary, practising at Gravesend—on 1st December the two prisoners came to my office, and this extended protest was made in my presence—the statement I found already prepared by my clerk, but I read it through from the commencement to the end, in the presence of both the prisoners—I read it deliberately and care-fully, so that both the prisoners understood it—Brown affixed his signature to it, and Terry his mark—I had a reason for reading it over to them.
Terry. When the gentleman read it, I did not know what he was reading I about.
(This contained an account of the loss of the vessel, similar to Brown's state-ment to Mr. Hill.)
JEREMIAH STRANACH . I am honorary agent to the Shipwrecked Mariners' Society at Margate—on Sunday, 14th November, last year, about 6.5, I was on the jetty, at Margate—I saw both the prisoners there; the boy had a basket in his hand, similar to that produced—I can't swear it was the same—they were slowly walking up towards the town—I went to church, and after service, about 8 o'clock, I and my wife went down to the jetty again—I saw the prisoners again—on account of something my wife had told me, when I returned from church, I said, "Do you want me?—Brown said, "Yes"—he said he had been shipwrecked off the North Foreland; he had lost a vessel through striking a piece of floating wreck—Terry was close by at that time; they were together—I told him he had better come to my office, and I would take his statement—they came to my office, and Brown made a statement—I took it down in writing at the time in the presence of them both—that is the memorandum I made (Read: "Francis Brown, Gravesend, James, of London, smack, 30 tons, Thomas Moore, master, drowned; 100 barrels of herrings; James Terry, of Gravesend, two miles N.E. of North Fore-land, struck a wreck floating, picked up by a French fishing lugger, bound to Fecamp, occurred about 5 o'clock; herrings insured for 50l."—I had not seen a French lugger that day—Brown said the French lugger had landed them at Margate jetty, and it was lying just outside the steam-tug, off the jetty—it was after dusk then—I could not have seen it if it had been there—in consequence of what Brown told me I furnished him with provisions, and a free pass to London—I took them to the coast guard officer, and directed him to take them up.
ESTHER LOTT . Terry is my son by a former marriage—on Saturday, 13th November last, he slept at my house—he left my house about 1.50 on Sunday, after dinner—he said he was going to meet Mr. Brown at the station—he had a jacket on at that time—on 15th November, the day after the Sunday, he was wearing a Guernsey, not a new one—he said Mr. Brown gave it him—that was on the Monday afternoon.
COURT. Q. How many children have you? A. Eight altogether; two by my first husband—he got into a bit of odd work—the boy has been out rag and boning and been locked up for it, when he was out of employ, and his father-in-law could not maintain him.
THOMAS JOHN LYONS . I am office porter at the North Kent Branch of the South-Eastern Railway Station at Gravesend—on Sunday, 14th November last, I was booking clerk—Brown came to the office about 2.20 on the Sunday—I saw Terry afterwards—they were together—I saw Brown first of all outside the station, and he asked me the time the next train went to Margate—I told him 2.25—he then asked me the next train to Strood—I told him 2.26—there are two ways of getting to Margate—he also asked what time there was a train from Strood to Margate—about 2.20 he came to the office and took two second class tickets to Strood—Terry was with him—they left the station in the same compartment—the train would leave Strood for Margate about 3.19, and be at Margate about 5 o'clock—we do not book through to Margate by that train.
Hall, about 11 o'clock in the morning—I saw Brown; he spoke to me—I have known Terry—on Tuesday, 30th November, I saw him at the station-house—I had some conversation with him—I told him it was a pity he did not get a ship and go to sea—he complained about the police always Stopping him when they met him—he said he went with Mr. Brown, a Sunday or two ago, from Gravesend to Stood, by train, from Strood to Sheernes, by train, from Sheerness to Margate, by train, to see if they could buy any herrings, and he said they could not—he said he came from Margate up to London on the Monday, and then to Gravcsend—he said he was waiting for Mr. Brown to buy a smack, to go and catch some herrings.
HENRY WEBB (City Detective Sergeant). I apprehended Teny on 10th December, at Gravesend, and Brown the same day, as he left the Monarch Insurance Office—I told Terry that I was an officer from London, and I apprehended him for conspiring with Mr. Francis Brown, of Gravesand, for defrauding the Monarch Insurance Office of 200l., and likewise forging a bill of lading for 100 barrels of herrings—he said, "This is all I get by going to sea with Mr. Brown"—he said, "Mr. Brown took me up to London on the Friday, and we went aboard a vessel in the Thames, and sailed down to Gravesend until Saturday, when Mr. Brown went on shore, and on Sunday he brought two men on board the vessel; on Sunday afternoon we sailed out to sea with the two men, and when we were out at sea, I think it was somewhere by the North Foreland, our vessel struck a piece of wood, and made a hole in her, and the two men that came on board at Gravesend with Mr. Brown were both drowned, and me and Mr. Brown got into a small boat; and then, after that, we was picked up by a French lugger, and they landed us at Ramsgate, or Margate, or some place of that sort, I don't know which, and were relieved by some gentleman at Margate, and then came to London"—at the Mansion House, he called me to the cell, and said he was very sorry for what he had said; that all he had told me, Brown had told him to say, and it was all false.
Terry's Defence. Mr. Brown did not tell me what he wanted with me, or else I would not have done it. He told my father-in-law, and my father-in-law told me to go down to the railway; he never told me what for till I got there; then he said. "This is the man that wants you," and it was Mr. Brown.
TERRY— GUILTY Recommend to mercy by the Jury, being a tool in the hands of Brown.— .— Six Months' Imprisonment.
There was another indictment against, the prisoners for felony, upon the same facts, upon which, as to Terry, as to acquittal was taken.
MR. HARRIS conducted the Prosecution; and MR. PATER the Defence.
MR. PATER submitted that the indictment was bad, containing, as it did two distinct offences. MR. JUSTICE BYLES ruled that there was no objection, the Judges having so held; but, looking at the nature of the case, the Prosecution should elect upon which Count to proceed. MR. HARRIS elected to go upon the first Count. The details of the case were not of a nature for publication.
GUILTY — Eighteen Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. BESLEY the Defense.
JAMES COBNEIUS VAN MAANEN . I am bandmaster of the Fusileer Guards, and live at 49, Cumberland Street, Pirnlico—I was formerly in partnership with a Mr. Bartlett—we took premises of Mr. Unite about the middle of 1867—I was indebted to Mr. Unite 30l.—the prisoner was at that time acting as my solicitor in the matter—I made a proposition, through him, to pay the 30l. by two instalments, one on 1st November, And the other on 1st January—I sent the first 15l. to the prisoner, and that was paid—on 3rd January, 1868, I received this letter from the prisoner, stating that Mr. Unite had applied for the balance, and on the 4th I wrote to the prisoner, enclosing this draft for 15l. (The letter was called for, and was handed in by MR. BESLEY, and read, as follows: "Dear Sir. Excuse me for not having sent the balance to Mr. Unite. The cause of my delay is simply that the cheque, which was drawn on the 28th ultimo, somehow or other got among my papers, and for the life of me I could not lay my hand upon it till this morning. I now beg to enclose the same, and trust it will reach safely."The cheque wot payable to the order of the prisoner.)
MR. JUSTICE BYLES. "This will not do. In order to make out this charge, there must be a direction in writing to apply the instrument to a specific purpose. There is no such direction here; on the contrary, it is quite plain it was not to be handed, to Mr. Unite, but the prisoner was to receive the money, the cheque being made payable to his order. No doubt it would have been his duty to hand the money over to Mr. Unite, which he did not do, for which an action might be brought, or an application made to one of the superior Courts to answer affidavits; instead of that, an indictment it brought upon this Statute, and it. has not been proved that he had any written directions, as alleged. That being to, it is my duty to tell the Jury there it no evidence to go to them".
NOT GUILTY .
NEW COURT—Wednesday, February 2nd, 1870.
Before Mr. Recorder.
MR. METCALFE, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. METCALFE conducted the Prosecution; and MR. MEREWEATHER the
JOHN BERTRAM . I live at 2, Saville Row, and have been for two years a friend of Mr. Marshall's—I have also been a client of his, but very little—I know Mrs. Marshall; I used to visit her, with my wife—on 2nd January I received this letter at my club—I only know the defendant by name—I had had no communication with him, and never spoke to him—Mr. Mar-shall behaved most affectionately to his wife.
Cross-examined. Q. But the lady had quarrelled with Mr. Marshall, had she not? A. I never heard of it—I do not know whether she had been away from his house before this, or how long she had been living with the
defendant, but it was some weeks—I know Mr. Duncan, her father, by sight—he called on me with regard to certain terms being entered into between the families, and asked me what the proper course would be—he said that the best thing would be a separation; but I expressed no opinion; I told him I would have nothing to do with it—that only happened once—it was two or three days before I received this letter.
MR. METCALFE. Q. Was this some time after the defendant had taken her away from her husband's house? A. Yes; she is, I believe, a lady of considerable personal attractions, but there is a difference of opinion about that.
The letter was dated 2nd January, 1870, from the defendant to Mr. Be-tram. It was marked "Strictly private," and contained the following expresions: "Sir, As I conclude it is by your advice and persuasion Mrs. Marshal has taken the present step in leaving me, induces me to address this letter to you, in anticipation of your giving it your serious consideration' "Look at Mr. Marshall's two sons and his daughters; what do you think of them? What training have their sons had, putting out of the question Christian teaching?""It is impossible for Mr. Marshall to regard Mrs. Marshall's children as his own; Mrs. Marshall's companions, since her marriage, has robbed her of all those precious gifts which befitted the character of a mother, and the examples she has had before her are too disgusting to refer to." "I once saved Lizzie's life, when Mr. Marshall absolutely declined to provide her with anything, although she was then living at his house at Holloway; her doctor and nurse can confirm this." "If you were in possession of all the facts of Lizzie's wretched life up to within a few months more of her coming to me, and considering the cowardly and profligate associates that she has been compelled to mix with, you would, I am convinced, have advised her differently." "I dare not think wrong of Lizzie, nor regard her (using her own language) otherwise than in the sight of God, her husband."
EDWARD FIELD MARSHALL . I am a solicitor, practising in Lincoln's Inn Fields—I had, at the time this matter happened, a house at Holloway—my wife was living with me at Bloomsbury Square, and previously at Hollowly—she left my house on 6th November—I had known the defendant's family some years, and my father before me, but I did not associate with him—he has been to my house on one or two occasions, but he never visited there—it is not true that I have introduced to Mrs. Marshall profligate associates, or persons who were profligate and disgusting, to my know-ledge—I do not understand what the defendant means by such an assertion—I never had such persons at my house—it is positively false that I have on any occasion left my wife and refused to provide her with anything—I provided her with a doctor, a nurse, and every requisite during her confinements—I have always provided her with every comfort, as far as my means could permit—I know nothing of the defendant providing money for her—it is not correct that my sons and daughter have had no training; my daughter has been very well educated; she has had five years' schooling, and my sons are in my own office—I have always behaved kindly, and been on good terms with my wife; I was too devotedly attached to her to act otherwise.
Cross-examined. Q. For the last three or four years the defendant has had no means of noticing your demeanour? A. He has never visited at my house, he has been a perfect stranger there, as far as I know.
MR. MEREWEATHER stated that everything in the cose was admitted, but that the defendant received hit information through a lady, and did not know it to be fake, and that the letter was a privileged communication, at the defendant't object wot not to destroy the prosecutor's character, but to bring about a divorce, in order that he might make the lady hit wife, and that he did not publish the libel malicioutly.
THE COURT considered that the prisoner must be acquitted on the first Count, at it was not thrown that he knew the Statements to be false.
GUILTY on the Second Count— Four Months Imprisonment.
215. JAMES DAVIS(20), FREDERICK ANDREWS (19), PHILIP EDMUND JONES (17), and JAMES BURT (18), PLEADED GUILTY to stealing a post letter, containing 15l., in money, of Samuel Brewer, their master. Recommended to mercy by the prosecutor.—DAVIS, ANDREWS, and BURT— Nine Months Imprisonment each, —JONES— Six Months' Imprisonment.
MR. COOPER conducted the Prosecution.
SARAH EVANS . I am the wife of James Evans, of 21, Litch field Street, Soho—on 7th January, between 6 and 7 o'clock in the evening, I was in a street down City Road way, alone—I had been out all day, taking home work, and had had nothing, and went into a public-house for a glass of ale—I was alone—I saw the prisoner there, with another man, and asked them if they would show me the way into Oxford Street, as I was a stranger in London—they said, "Yes," and we came out—they showed me the way, and I went on, and did not know anybody was behind me, till I was thrown down on my face, and one man held me down, while the other pulled my waterproof cloak off—I caught the prisoner round the neck; but he undid his scarf, and got away, leaving it in my hand—I screamed as loud as I could—it must have been the prisoner who struck me on the back of my head, and knocked me down, because I caught bold of the coat of the person who struck me, and turned round as soon as I could and caught him by the throat—a witness saw him running, and put out his foot and knocked him over, and a policeman took him.
Prisoner. Q. When I was in the public-house did you take my pint of beer? A. No—my ale was paid for before you entered the house.
GEORGE DOLLAND . I am a printer, and was in Goswell Street, and heard cries of "Police!" and "Help!"—I ran up, and saw the prisoner struggling with Mrs. Evans—he managed to get away, and a young chap put his leg out and threw him—I caught him, and detained him till the police came.
AMBROSE SUTTON (Policeman G R 23). I was in Middle Row, and saw Dolland holding the prisoner—Mrs. Evans gave him into my custody—she had this scarf (produced) in her hand, which the prisoner owned—he said, going to the station, "You go and find John Puck, you will find the cloak which he took off the woman"—I know Puck; he was in custody in another case, the next day.
GUILTY — Twelve Months' Imprisonment.
BROWN PLEADED GUILTY , and also to a former conviction in September, 1367.— Nine Months' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. HARRIS the Defence.
WILLIAM WRIGHT (City Policeman 865). On 3rd January, about 5.30, I saw the prisoners in Bishopsgate Street—I had known Carpenter six years—I followed them up Sun Street—a cart of Messrs. Barren's was standing there, opposite Mr. Lyon's house—the prisoners passed the cart several times, backwards and forwards, and when the carman had gone in with a parcel, Brown took this roll of canvas out of the cart—I followed and stopped him—he said, "Don't take me, sir, a man only gave it to me to carry"—I said, "I saw you take it, and I shall take you in custody"—I had a severe struggle with him, and we both fell on the pavement, and while I was down Carpenter kicked me in the side several times—when I got to my feet Carpenter had escaped—I kept Brown in custody—I took Carpenter two days afterwards.
Cross-examined. Q. Was it dark? A. It was getting dark—the man who took the canvas handed it to Brown—I was in plain clothes—I was not excited—I am used to struggles; but if any one kicks me I get excited—I did not tell the Inspector I was not quite sure Carpenter was the man who kicked me.
JAMES SCOTCHER . I am a carman in the service of Thomas Barren & Sons, of Shoreditch—on 3rd June I delivered a roll of canvas at Mr. Lyon's shop, in Shoreditch, leaving two rolls in the cart, and when I came back one piece was gone—I did not see the prisoners.
WILLIAM WEST (Policeman C 112). I was with Wright when he took Carpenter—before he heard the charge he said., "I can prove where I was on Monday night"—I said, "Nobody has said anything about Monday night yet"
Cross-examined. Q. Was anything said about Wright having some doubt about it being Carpenter? A. I never heard it—Carpenter did not call my attention to the fact that Wright said that he was not quite sure.
MR. HARRIS called
MARY ANN CARPENTER . I am Carpenter's sister—on this Monday night, when this is said to have happened, he was at my place, 5, Wilmot Grove, Wilmot Square, papering and white-washing my room from 4.30 to 13.15; he did not go out during that time.
Cross-examined by MR. BESLEY. Q. Do you remember the officer coming to your place? A. Yes; he asked the time my brother came home on 3rd January—I did not say that he was not at home till o'clock that evening—I never named such a thing—I told both officers from 4.30 to 4.45—he was having his tea with me at 4.45—I was not examined before the Magistrate.
MR. BESLEY to W. WRIGHT. Q. Do you know the last witness? A. Yes; I went to her house when I had taken Carpenter in custody, and asked her when she saw her brother last, and what time he came home on last Monday—she said, "About 6 o'clock, I think"—I said, "Can you tell me the exact
time?"—she said, "It might be a little before or a little after 6 o'clock; he bad his tea with me."
CARPENTER— GUILTY . He was further charged with having been convictcd at Worship Street, in January, 1869, to which he PLEADED GUILTY— Eighteen Months' Imprisonment.
MR. HUNT conducted the Prosecution; and MR. F. H. LEWIS the Define.
SARAH GREEN . I am the wife of Mark Green—on the night of 2nd January I was going through Red Lion Passage, and four young women knocked me down, pulled my chignon off, and kicked me—McGrath and Hunt are two of them—when I came to myself my pocket was turned inside out, and three separate shillings were gone—I am almost sure it was Hunt who did that—I called, "Police!" "Stop thief!" "Murder!" and a policeman ran up and caught McGrath—I am certain the money was in my pocket when I was knocked down—I was quite sober—there was a light in the passage—I could see quite well.
Cross-examined. Q. Had you a bonnet on? A. Yes, and they pulled it off—I never saw the prisoners before—Hunt struck me first, on the side of my face, and stunned me—I had not offended her—they then put their hands behind my neck, and ran me forward—I do not know which of them kicked me—a strange lady picked up my bonnet, and gave it to me; but I hare never seen my chignon since—I had only had a half-pint of porter during the day—there was no mob of boys—I had hold of no man—I have been in prison for being tipsy, and was convicted last May of stealing a watch—I have been before a Magistrate, and charged, since 2nd January, through the friends of the policeman—three young men insulted me, and said that if I went against their friends they would kill me, and would pull the liver out of me, and the policeman locked me up; but the Magistrate discharged me.
WILLIAM MANTON (Policeman E 48). On 2nd January I was on duty in Red Lion Street, Holborn, and heard cries of "Murder!" and "Police!"—I hastened to the spot, and saw four or five women scrambling together—about twenty yards from them I met the prosecutrix, who told me some-thing, and I took McGrath and Moody, and saw four other women running away—Hunt came outside the station door, and I took her, as the prosecutrix identified her—the prosecutrix was quite sober, but was smothered with dirt; her hair was all round her face, and she had no bonnet—her bonnet was brought afterwards.
Cross-examined. Q. When you first saw her was McGrath running after her? A. No—they were in the middle of the street, behind her, and they started to run the moment they saw me; not towards her, but across the street—I followed them sixty yards, and caught McGrath—Moody came up said spoke to McGrath when she was in custody, and I took her—she said that she was not there—the others said that they were innocent of the robbery, but that they had assaulted her—they said that before the Magistrate—I did not see a crowd of boys.
Cross-examined. Q. Was she excited? A. A little, and she complained of her head being knocked about.
MART BALL . I am female searcher at the Hunter Street Station—on 2nd January I searched the prisoners—I found on McGrath two shillings, a sixpence, and some coppers, in a porte monnaie, a savings' bank book, and a bunch of keys—on Moody I found 4d., and on the others, nothing.
NOT GUILTY .
MCGRATH and HUNT PLEADED GUILTY — One Months' Imprisonment each. MR. GRIFFITHS, for the Prosecution, offered no evidence against
MOODY— NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. HARRIS the Defence.
JAMES POPE . I am a tile fixer, of 221, Pentonville Road—on 15th January, I had been at my aunt's, in Compton Street, and left about 7 o'clock to go home—I was going into the Hunter's Arms, and before going in took out my money to look at the smallest coin—the prisoner then came out, used most profane language, and asked what I wanted there—I said, "A glass of beer," and that I would give him one if he liked—he knocked a sovereign out of my hand, struck me on my side, and knocked me down—I got up I saw him pick up the money and run away—I called out, my aunt came up, and the prisoner plunged through two men and gave me a blow in the forehead, which knocked me down again—I identified him at the station, ten minutes afterwards, among other men—I was perfectly sober, and noticed him minutely when he spoke to me—my forehead was cut; I became nearly insensible—I was attended by a doctor, and I still feel it.
Cross-examined. Q. How much money had you in your pocket? A. A sovereign and 10s. in silver—a girl was with me, who had to take an errand for my aunt—I could see that the prisoner was not drunk—I saw him run, and he came back like mad, and struck me—I do not think he had had more than a pint of beer.
MR. GRIFFITHS. Q. Was he sober enough to pick up the money and ran away? A. Yes.
HARRIETT JULIA PEARCE . I am nine years old—I was sent by my mother, with Mr. Pope, on an errand—he went towards the Hunter's Arms, and the prisoner knocked him down, and stabbed him afterwards—I saw no money—he ran away, and came back again, and gave him a second blow, and that is how he had his eye cut.
Cross-examined. Q. If the prisoner had picked up any money, should you have seen it? A. Yes—there were no other people round.
ELLEN ENGLAND . I am the wife of Edwin England, of 42, Compton Street—I am Pope's aunt—he called on me on this evening, and the little girl went out with him for an errand, which I asked him to get—shortly afterwards the girl came back, and told me something—I went out, and saw Pope, and while I was speaking to him, the prisoner fought his way between two men, and struck him with his fist, saying, "Take that, you b—"—I fetched two policeman—Pope was perfectly sober; he had been at my place since 3 o'clock, and had tea with me.
Cross-examined. Q. Was the prisoner drunk? A. I do not know; he seemed very much excited—there was no crowd.
JOHN SHANNON (Policeman E 194). On 18th January I received informa-tion, and went to the prisoner's mother's, in Poplar Place, about 7.15—I found him lying on the floor, and said, "Now then, Jack, get up quick; this won't do, you had better go with us quietly"—I knew him before—on the way to the station he tried to throw me and the other constable down—I told him he was charged with highway robbery, with violence—he said that he did not suppose it was a hanging job—I found on him some tickets for a sparring benefit between him and young Roach—the prisoner was put with other men at the station, and the prosecutor picked him out, and afterwards the aunt picked him out.
JAMES PAUL . I am a surgeon, of 26, Burton Crescent—on 15th January, about 8.30, I saw Pope at the station, bleeding from a clean out on the forehead; the wound went to the bone, but it was not Tory severe—it was done with some sharp instrument—I saw the prisoner that evening; he was sober.
Cross-examined. Q. I suppose a ring on the finger might do it? A. Certainly not.
He was further charged with having been, convicted at Clerkenwell, in January, 1867, to which he PLEADED GUILTY— Seven Years' Penal Servitude.
MR. COLLINS conducted the Prosecution.
WILLIAM WILLIAMS . I am a seaman, and live at 20, Grove Street, St. George's—on 18th January I was at the Milton Music Hall, with my wife—we came out at 10.30, and went into Clark's public-house—a shipmate was with me—the prisoner came in while I was drinking my beer, and took my beer—I said, "Excuse me, young man, that glass belongs to me"—the other one asked me if I could speak Swedish—I said, "Yes," and the prisoner struck me a heavy blow in front—I had a watch on, with a guard fastened to my waistcoat—as I came out I got a blow on each side, and the prisoner got on top of me, and snatched my watch, and ran off—I am sure he is the man—I saw him next at Arbour Square, with about nine other persons, and recognized him directly.
EMMA WILLIAMS . I am the wife of the last witness—I was with him at the public-house, and saw the prisoner and another man there—the prisoner took my husband's beer away, and my husband said, "Excuse me, that is my ale"—they went outside, quarrelling about a language which I did not understand—I saw him beating my husband cruelly, and heard him go down, with a heavy blow—I fetched a policeman—I am sure the prisoner is the man.
GEORGE FOSTER (Policeman H 207). I took the prisoner on 19th January, in the Red Lion, St. George's Street, on another charge, and on the 22nd the prosecutor and his wife picked him out from several others, separately.
Prisoner. They came in together. Witness. No, she came in as her husband came out—he put his hand on your shoulder; but she did not see that.
Prisoner's Defence. I have some witnesses to show where I was at the time this happened.
to have a glass of something to drink, and we went to a public-house at the corner of Shorter Street; he paid for a pot of cooper, and four of us drank with him; and then he asked me whether I should like to go the theatre, I said, I did not mind so long as he would take another female with me, and he took me and Margaret Heath to the East London Theatre, Whitechapel—she promised to be here, but she is not—we stayed there till 11 o'clock, and then went to a public-house not exactly opposite the theatre, where we had two pots of beer, and some gin and hot water, and stayed there about an hour—I do not know Clark's public-house—the public-house at the corner of Shorter Street is where we were.
Cross-examined by MR. COLLINS. Q. Do you know the Milton Music Hall? Q. Yes, that is about half-an-hour's walk from the East London, but I never tried it—I am no relation of the prisoner's—I am a book-folder—I have only seen the prisoner three weeks, and never was at any place of amusement with him before—his brother George was not with him—I will go to Clark's or anywhere, and they cannot say that I was there.
GEORGE ROSE . I am the prisoner's brother, and live in Princes Street, Whitechapel—I saw him in the Commercial Road, about 6 o'clock on the 18th, and did not see him again till 11 at night—he was alone at 6 o'clock and I spoke to him—I know Kate Finny, but did not see her that night—two other persons were with us, but they are not here because they are very poor.
He was further charged with a former conviction in June, 1867.
JOSEPH SMITH . I am warder at Coldbath Fields—I produce a certificate—(Read: "Clerkenwell Sessions, June, 1867, John Rodd, convicted of stealing a locket, ring, and other articles from the person, confined for Nine Months, and whipped")—I was present—the prisoner is the person, and I have repeatedly seen him since.
GUILTY— Seven Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution; and MR. THORNE COLE the Defence.
WILLIAM FINCH . I am a retired Custom House officer, and live at Bow—on 4th January, about 4 p.m, I was passing under a railway arch, in Addington Road, and met the prisoner; when I stepped to the left he went to the right, and struck me a blow, tore my coat open, and tried for my watch—we went up and down in the mud, struggling—I got up again and I fell on my knees—he tore my waistcoat open, and I said, "You shan't have it"—he got away, and ray gold chain was broken from the swivel, and my watch was down at my knees—a little boy picked it up and gave it to me—my nose bled, and my lips were cut by a blow on my mouth—he struck me twice.
Cross-examined. Q. Did you say before the Magistrate that you had been drinking? A. No—I said that I had had something to drink during the day—I had walked from the City, and had been into two or three public-houses, I dare say—I got a glass of cooper at the first, but do not know what I had at the next—the lad who picked up my watch is not here—I had never seen the prisoner before.
MR. GRIFFITHS. Q. Have you any doubt he is the man? A. No; there is not the slightest ground for saying I was intoxicated—a gentleman ran after him like a deer, and he was brought back.
RICHARD ROEBUCK . I am a foreman in the West India Docks, and live in Eagleton Road, Bow—on 4th January I saw the prisoner running towards the railway arch—he said, "Don't stop me, governor; I have not done anything"—I saw the prosecutor on the ground and the prisoner leaving him—I am sure he is the man.
WILLIAM JESSOP (Policeman R 416). I heard cries of "Stop thief"—the prisoner ran past me—I pursued and caught him—he said, "Let me go; I have done nothing"—I said, "You must come back with me"—he said, "What I get I deserve; I wish I was dead"—I saw the prosecutor some distance off, in a baker's shop, bleeding very much from the mouth and nose, and in a bad state from dirt, as if he had been laid in the mud—he identified the prisoner at once.
Cross-examined. Q. What state was the prosecutor in? A. He was greatly excited, and I believe he had had a drop of drink.
COURT. Q. Did you see the chain? A. I saw it handed to the prosecutor—one of the links was broken.
GUILTY **— Eighteen Months' Imprisonment.
THIRD COURT.—Wednesday, February 2nd, 1870.
Before Mr. Common Serjeant.
224. HENRY FORBES (21) , to stealing 144 bottles of brandy, and twelve cases, from a barge on the River Thames— [Pleaded guilty: See original trial image.] He received a good character— Nine Months' Imprisonment.
MR. BESLEY conducted the Prosecution; MR. THORNE COLE defended
Playfoot, and MR. HARMSWORTH defended Burke.
CHARLES OAKLEY . I carry on the business of a carman, at Pudding Lane, City—Playfoot has been in my service six or seven weeks—Burke has been employed by me occasionally, as a porter—I never saw him selling oranges—on 18th January I was employed by Messrs. Adams & Co., the consignees of a cargo of oranges—we were to remove them from the London Docks to our warehouse—in nearly all cases the oranges are sold by auction—a mark is put upon the case when they are landed, signifying the condition—I have seen the box of oranges taken by the police—there is no London mark upon that—it formed part of the same cargo—there was one box missing when the oranges were delivered—it had never been sold.
Cross-examined by MR. HARMSWORTH. Q. When was Burke in your employ last? A. I don't know—I have asked him to do odd jobs; he never worked regularly—I should think it was quite twelve months ago since I employed him—I have seen him about the neighbourhood—the boxes are marked with chalk—it is more difficult to rub off than you may imagine.
loaded with oranges—Playfoot was on the top of the load—I saw him lift a box off, and ease it down the tail part of the load on to the tier, where his foot was—he turned the box round and Burke took the box off on to his head—he crossed Eastcheap with it—when he got on the pavement, he shifted it from his head on to his left shoulder—I lost sight of him for a moment, and I saw Playfoot shift the other boxes, and he placed two where there should have been three, so as to fill up the tier—I followed Burke—I saw him come out of a court leading into Gracechurch Street; the box was then on the same shoulder—I spoke to Sergeant Adams, and he followed him—I never saw either of the men before, to my knowledge—I did not know whose van it was at that time—I know now it was Mr. Oakley's.
Cross-examined by MR. COLE Q. What time was this? A. About 4.30—I was about five yards from the van—there is a quantity of loading and unloading in that part; it is a very busy place.
ROBERT ADAMS (City Police Sergeant 65). I was on duty on this evening—Price spoke to me, in Gracechurch Street, and called my attention to Burke—he had a box of oranges on his shoulder—I followed him through Nag's Head Court into Lombard Street—I said, "Where did you get that box from?"—he replied, "I bought it from a man, off a truck, in Lower Thames Street"—I said, "What did you pay him for it?"—he said, "9s."—I said, "Are you sure you bought it from a man in Lower Thames Street?"—he said, "Well, I bought them in Eastcheap, at the end of Pad-ding Lane"—I said, "I understand that you have stolen them from a van in Eastcheap, and I shall take you into custody for that offence"—he said, "Well, I shan't take the box any further"—I got assistance, and took him to the station—on the way there, he said, "I was going to take the box on to my truck, in Lombard Street"—I said, "What have you got on that truck?"—he said, "Boxes of oranges"—I sent a constable to search for the truck; he came back to the station, and said there was no truck there—I went and took Playfoot into custody—he was on Mr. Oakley's van, in Pudding Lane—it was laden with oranges: some of the boxes were being taken off at the time—I said to Playfoot, "Have you sold a box of oranges to a strange mant"—he said, "No"—Playfoot gave me his address, Wagner's Buildings, and Burke lived in the same place—I produce part of the box which I took from Burke's shoulder—it was opened at the station, and contained oranges.
Cross-examined by MR. HARMSWORTH. Q. Did you expect to find the barrow where you sent the constable? A. No—they would not be allowed to stand in one place for long together—they would be moved off by the police.
Playfoofs statemcnt before the Magistrate: "I know nothing about it."
Burke's statement: "I bought the box of a man who sells oranges."
GUILTY — Twelve Months' Imprisonment each.
MR. HARMSWORTH conducted the Prosecution; and MR. THORNS COLS
JOHN BAKER . I am housekeeper, in the employ of Messrs. Yeo & Warner, solicitors, Hart Street, Bloomsbury—on 3rd January I went to bed, about 10 o'clock, after having fastened up the house, and seen all secure
—we slept in the basement—my wife aroused me, and I heard a scraping noise at the bedroom window—I got out of bed, and put on my trowsers, when I heard the sash of the window shoved up—I went across the room, god got up in the corner, where I could look between the curtains—I saw the prisoner, apparently listening—he jumped on to the window sill, on the opposite side of the window to where I was—the chiffonier was close to the window—I saw his arm come round the curtain, and take something off—I made a grab at him; but the curtain baffled me—he dropped the article he had got, and ran away—I jumped through the window into the area, after him, and caught him as he was climbing up the pipe, to get hold of the iron railings—I hung on to his legs till I exhausted his strength—he gave me two or three kicks; but ultimately I got him down—I sung out for a policeman, and held him till one arrived, about fifteen minutes afterwards, and gave him in custody—there were marks on the window sash—something had been inserted between the bars—I found this clock on the floor, by the window; it had been taken from the chiffonier.
Cross-examined. Q. Did you knock down the clock? A. No—I had examined the catch of the window the day before—there were no marks there then—this was about 1.30—the prisoner was not in liquor, or he could not have got down an area 13 ft. deep.
WILLIAM DALTON (Policeman E 87). I was on duty on 4th January last, in Bloomsbury—I heard cries of "Police!" and ran to 90, Hart Street, and saw the last witness struggling with the prisoner in the area—I went down and arrested him—he said he would rip my b—guts out, and drew out a knife, which he opened—I said, "If you don't put the knife down, I will knock you down"—he closed the knife, and put it in his pocket—I took him to the station—he was perfectly sober—I found this clock within a foot of the window—there were marks on the window sash.
Cross-examined. Q. You can't say he had not been drinking? A. No; but his breath did not smell of drink.
GUILTY — Eighteen Months' Imprisonment.
227. WILLIAM GREGORY DAVIES (22), and ELLEN GRANTHAM (17) , Stealing, on 1st June, thirty yards of silk; on 1st November, forty yards; and on 30th November, seventy yards, the goods of William Leaf and others, the masters of Davies. Second Count—Receiving.
DAVIES PLEADED GUILTY — Seven Years' Penal Servitude.
MESSRS. OPPENHEIM and GRAIN conducted the Prosecution; and MR. STRAIGHT defended Orantham.
FREDERICK RENISON . I am manager of the entry department at Messrs. Leaf & Sons—the prisoner, Davies, was junior salesman in the silk department—occasionally employe's in the house are allowed to have goods; but in those cases they are entered in the books—I have examined the books, from 1st January, 1869, to 15th January, this year—there are no entries of silk, satin, velveteen, or moire antique, sold to the prisoner, or anyone of the name of Davies—if any had been sold it must have been entered in the books.
there about 4 o'clock, and asked me about her property, which had been stolen—I had heard of it before—she said she lived at 135, Albany Street, and that the property which had been stolen was a pair of gold earrings, two brooches, and a necklace, worth about 30l. altogether—after speaking to her about the robbery, she pulled out this letter, and showed me part of it—these were the words: "Take care that new friend of yours does not turn out a robber, for whom you have thrown me aside"—she said, "I don't know how the writer of this can caution me against a person whom he does not know, and I think he must know something about my property"—she asked me if she could speak to me in private—I asked her to come into the inspector's room—I did not offer any inducement to her—she went to the farther end of the office—I went to her, and she said, "I suppose I shall get two years; but if I do I can't help it"—at the same time she pulled out a quantity of duplicates, sixty-four or sixty-five in number, and handed them to me—I looked at the tickets, and said, "Where in the world did you get all these?"—she said, "They relate to property that I have pawned,"—I said, "Where did you get all this property from?"—she said, "It has been brought to me by a man who kept me in the Fulham Road, who said that he had got them on six months' credit"—I said, "What is his name?"—she said his name was William Gregory Davies—I said, "Where is he employed?"—after some time she said, "At Messrs. Leafs, in Old 'Change"—she stated that he was at Albany Street on the Saturday and Sunday night—this was on the Monday—she said he was in the habit of calling upon her frequently—I told her I should detain her, and I went to 135, Albany Street, the address she had given me—I searched her rooms, and found twelve more duplicates, relating to wearing apparel—I also found a watch, and a photograph of the prisoner Davies—I went back to the police-station, and the female prisoner gave me her purse and money, and this letter, marked, "A"—when she first came to the station she said her name was Hamilton, and then afterwards gave the name of Ellen Grantham—I then went to Messrs. Leafs, and I saw Davies there—I found three photographs in his box—one is a likeness of Grantham.
Cross-examined. Q. What was the day of the month she came? A. On Monday, the 10th—when I asked her where Davies was employed, she did not answer at first—I did not intimate to her that he was employed at Leaf's—I took notes of the principal parts of what she said—(Letter read: "London, Monday morning,. Dear Alice. If I am not very much mistaken, I believe your love for me has long since departed, and been put on some one else. Mind, I do not blame you. Do as you think best, only think of me as one who has loved you. May God bless you. My best wishes are always with you.! I shall, from now, hate every female, and nothing is left me any more worth caring for, for, as long as I thought you were mine, I was happy; but now I have lost everything. May you never love any one as I loved you, and then lose that love. Good bye, dearest love, for I shall always love, though hundreds of miles away. Your affectionate William. I leave London at once. Take care that new friend of yours does not turn out a robber, for whom you have thrown me aside.")
LEONARD GIBBONS . I am shopman to Mr. Vaughan, pawnbroker, 39, Strand—I produce a dress length of silk, pledged on 2nd June, 1869, for 2l. 10s. in the name of Hamilton—this is the duplicate I gave—it is one of the sixty-four given up to the police.
I Chelsea—I produce a dress length of silk, pledged on 3rd July, 1869, for 2l. 2s., in the name of Leslie—I don't know who pledged it—I also produce a dress length of silk, pledged on 22nd November, in the name of Hamilton, for 2l. 10s. by the prisoner Grantham—on 2nd December a dress length of silk for 3l., in the name of Hamilton, pledged by Grantham—on 15th December, a piece of silk for 3l., pledged in the name of Hamilton by the prisoner Grantham, and on 20th December a piece of silk for 10s. in the name of Hamilton, pledged by the prisoner.
ROBERT GEORGE . I am shopman to Mr. George Attenborough, 193, Fleet Street—I produce a dress length of moire—antique, pledged on 3rd November, 1869, for 2l. 10s., in the name of Herbert—I believe it was the female prisoner who pledged it.
THOMAS COOPER . I am shopman to Mr. Edward Masters, 3 and 4, Grosvenor Road, Peckham—I produce a dress length of silk, pledged on 27th November, in the name of Miss Charles—this is the duplicate—it was pledged by the female prisoner—I also produce another dress length, pledged on 22nd December, 1869, for 3l. 10s., in the name of Ann Hamilton, by the female prisoner, and on 9th December a drees length of moire—antique, for 2l. 10s., pledged in the name of Mrs. Campbell, by the female prisoner.
ALFRED BEZANT . I am shopman to Mr. Purcell, pawnbroker, Queen's Street, Peckham—I produce a dress length of silk, pledged on 20th Decem-ber, in the name of Ellen Hamilton, for 3l. 10s., by the female prisoner.
FREDERICK CUTHBEBT FENWICK . I am a buyer in the silk department of Messrs. Leafs, Old 'Change—I have seen the pieces of silk and moire antique that have been produced—they are similar to those we have in the warehouse—I have no doubt that they are the property of Messrs. Leaf.
CATHERINE MURCOTT . I reside at 33, Kingsgate Street, Holborn—I was servant to the female prisoner at 135, Albany Street—I have seen the male prisoner there—I knew him by the name of Hartley—the female prisoner went in the name of Hamilton—I have opened the door when the male prisoner came there.
Grantham's statement before the Magistrate:—"I was not aware, when I pledged the goods, they were stolen. He told me he had six months' credit, and was a ship broker. He spoke so frankly I always believed what he said."
GRANTHAM.— GUILTY Strongly recommended to mercy on account of her youth— — Five Years' Penal Servitude .
For the case of William and Sarah Skeplehorn, tried Old Court, Thursday, see Surrey Cases.
NEW COURT.—Thursday, February 3rd, 1870.
Before Mr. Recorder.
PLEADED GUILTY .MR. RIBTON, for Batchelor, stated that he had undertaken to repay the prosecutor; upon which MR. LEWIS, for the Prosecution, consented to the postponemtnt of four other indictments for felony to the next Session.— Judgment respited.
229. JOHN DAY (21) , Burglariously breaking and entering the dwel-ling-house of John Henry Kingsman Slade, and stealing therein a coat and a blanket, his property. MR. COOPER conducted the Prosecution.
JOHN HENRY KINGSMAN SLADE . I am an iron-worker, of 19, Egro Street, St. John's—on the morning of 2nd December I was called by the police, and found my parlour shutters and window open—they had been closed and bolted when I went to bed—I missed a coat and blanket from the parlour—on 26th December I saw Samuel Allen wearing the coat, and gave him in charge—this is it; I have no doubt of it (produced).
SAMUEL ALLEN . I am a carman, of 5, Montague Place, Whitechapel—on Saturday, 4th December, I bought a pawn-ticket of the prisoner for 1s. 6d., with which I took the great-coat out of pawn—he first offered it to me on Thursday, 2nd December—my mate and I both wanted it—I had not got the money then, but I bought it on Saturday night—I had to pay the pawnbroker 7s. 6d.—the prosecutor identified the coat.
MR. COOPER stated that, the pawnbroker not being present, he could not carry the case further.
NOT GUILTY .
For case tried in Third Court, Thursday, see Essex Cases.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution; and MR. PATER the Defence.
ANN ELLIOTT MOORE . I am the wife of John Moore, a greengrocer, of West Ham—on 11th January I served Brand with a half-quartern loaf—she gave me a shilling—I gave her 9d. change, and put the shilling in the till, where there was only two sixpences—I took it out directly, and showed it to my husband; I also put it to my mouth and tried it—Brand had no child then.
Cross-examined. Q. Was she a stranger to You? A. Yes—she was not in the shop above two or three minutes—I had my child in my arms—I had just taken the money out of the till, to pay the baker, and am positive there were no shillings there.
Cross-examined. Q. Had you been serving anybody that afternoon? A. No, I had only just come in.
MARTHA DENNY . I am the wife of Alfred Denny, of Donnington Terrace, West Ham, nine doors from Mr. Moore's—on the night of 11th January I served Carter with a 1/4lb. of sugar and a 1/2oz. of tea—she gave me a shilling, which I put in the till, where there were only sixpences—I took it out hardly a minute afterwards, found it was bad, and gave it to the constable—she had a child with her.
Cross-examined. Q. Had you paid a bill? A. Yes, after that there were two sixpences and several coppers in the till—I had not seen Carter before, I saw her again at Stratford on the Saturday—I see a number of faces in my shop—I know Carter because she is very much like a lady who lives in our Terrace, who I thought was coming in to be a customer.
SUSAN DAVIS . My husband is a tobacconist, of 2, Doddington Terrace—on the night of 11th January, I served Carter with half-an-ounce of tobicco, she gave me a shilling, I told her it was bad, and she said she would take it back to the shop where she took it and change it—she took it away.
Cross-examined. Q. When did you see her again? A. The next day, at Stratford—my shop is next door to Mr. Denny's.
CHARLES HOFFMAN . I am a butcher, of North Woolwich Road, about three minutes' walk from Doddington Terrace—on 11th January, between 6 and 7 o'clock, Brand came in and asked for a 1/2 lb. of sugar, and gave me a shilling—Mr. Batt then came in and made a communication to me—I went to the till and found a threepenny bit, a fourpenny bit, and a bad shilling, which I gave him—he said, "Come, I have got the woman," and I went with him—Brand had no child then.
Cross-examined. Q. Are you certain she is the woman? A. Yes—there were two sovereigns in the till, but no other shillings—no one else served in the shop that day, as my wife was not well—I saw the woman again in Court, at Ilford, last Saturday fortnight, which was about a week afterwards.
GEORGE BATT . I keep the Brassey Arms, West Ham—on 11th January, between 6.30 and 7 o'clock, the prisoners came there, and Brand asked for a shilling for 1s.'s worth of coppers—they sat drinking beer, and Mr. Moore came and made a statement to me—I watched the prisoners to two different shops, and up North Woolwich Road, and afterwards they were taken in custody, and I saw Carter throw a quantity of money out of her hand—Mr. Sutchmore picked it up.
JAMES SCOTCHNER . I am a hair dresser, of 110, North Woolwich Road—I saw Peachy stop the prisoner on the step of my shop, and heard something like a window breaking—I went to the door, and saw two shillings on the step—I got a candle, and picked up five shillings, and another person picked up three—I marked them, and gave them to the policeman.
Cross-examined. Q. Was it getting dark? A. All the shops were lit up—I was just inside my door when the money was thrown down, and part of it came inside—I cannot say who threw it away.
JANE HODGSON . On 11th January, near 7 o'clock, I was at Mr. Scotchner's shop, and heard something rattle against the door—Mr. Scotchner got a candle, and I picked up three shillings, and gave to him—he marked them—I did not see the prisoner.
GEORGE PEACHEY (Policeman K 373). On 11th January I took the prisoners in North Woolwich Road—Carter had a child—as soon as I caught hold of her, she dropped some money by Mr. Scotchner's door, some inside and some outside—I received these eight shillings (produced) from Mr. Scotchner, this bad shilling from Mrs. Moore, this from Mr. Denny, and this from Mr. Hoffman.
Cross-examined. Q. Did you find 5s. 1d. on Carter? A. The searcher did—it was small change, and good money—Mr. Batt was watching the prisoner, five yards from them.
GUILTY — Twelve Months' Imprisonment each.
Before Mr. Common Serjeant.
MESSRS. F. H. LEWIS and BROMBY conducted the Prosecution; and MR. METCALFE the Defence.
November last I had an iron-grey mare, in a field near my house—I did not see her myself after the 13th—she was there on Wednesday, the 17th—I received information, and went to the field, and found she had gone—I next saw her on 3rd January, at Mr. Manley's stable, in the Borough—I got her back then.
GEORGE MANLEY . I am a cab proprietor, at Long Lane, Bermondsey—I bought a dark-grey mare on 27th November—her tail was shortish then, and she had bad knees—I should say they had not been blistered—the prisoner came with her and another man, who, I have heard since, they call Ginger Jarvis—I did not know him before—he asked if I would buy a horse—it came in a cart—the other man was driving—he said his name was Jones; that was the name on the cheque—I said the mare had got very bad knees, and asked how it occurred, and Jones said, "I was in Scotland, and I bought her, and put her into the railway truck, and getting her out of the truck she met with that accident, stumbled"—I replied that it ought not to be his loss, that the Railway Company ought to compensate him, and he said, "Unfortunately, one of my men led the mare out, and by that means I cannot make any claim on the company"—the prisoner was close by all the time—I told one of my men to got in the cart and go with Jones, to try her for a half-mile or three-quarters—the man did so, and when he brought her back I said I did not much like to buy a horse in that state, with such bad knees, and I said, "I won't give more than 15l.," for it took a long while to get well—he asked 18l., and said she cost him 20l. in Scotland—I asked Jones where he lived, and he said, "Up near Victoria Park"—since then I have found that address to be false—the prisoner was within hearing all the time—I gave Jones a cheque for 15l., payable to order—Jones gave my man a shilling, and I gave the prisoner a shilling to give his stableman, at home—they left the cart in the yard, and came back, in three or four hours, with a pony—I was asked to buy the pony—they would have filled my stable with horses, if I had kept on with them—I did not buy the pony.
Cross-examined. Q. You gave the mare up to Mr. Humphrey? A. I did, when he claimed it—I can't say in what way the knees had been broken—I should say they had been done some time, because there was a little matter in one; some week or two, I should think—I mode the cheque payable to Jones—I asked him his name, and he said "Jones"—I don't know what the prisoner was—I did not suppose he was the stableman—he remained while my man went in the cart to try the horse—he was close by the stable-door, where I was standing—I don't think I spoke to him—they were about eight or ten minutes trying the horse—I had seen Jones the previous night, alone, and he asked me if I would buy a horse if he brought it to me—I took Jones to be master, and the horse to be his property—the transaction was with him alone—he was the only man I had dealings with—I had not seen the prisoner the previous night—I never saw him except at that time, to my knowledge—I buy horses a good deal—it is very seldom I sell them—I wear them out fast enough.
EDWARD MARLING . I am stable boy to Mr. Manley—I remember a mare being brought to the stables one day in November—the prisoner came along with a ginger-headed man, the one that sold her—I was in the stable—the
prisoner came in while I was shaking up the beds—I said, "What sort of a horse is yours?"—he said, "I believe she is, a pretty good one; I have only ridden a mile and a half behind her"—the other man came out, and told the prisoner to go about his business—I saw a shilling given to the prisoner—I did not get one, my mate did—the prisoner looked at the shilling, and said, "This won't pay me," and the other man called him away—I saw the prisoner again about 2 o'clock he came out of a coffee-shop, opposite our place—he stood at the bottom of the street till the other man came up with the pony—he told the prisoner to get on, and he gave the pony a whacking, and the pony was ridden up the yard to show him off—my master did not buy the pony.
Cross-examined. Q. The conversation you had with the prisoner was while the other man and your master's Servant had gone with the horse? A. Yes—When they came back the other man went into the counting-house with my master—after he got the cheque he came to the stable and called the prisoner, and they went away—that was about 11.30—the prisoner waited at the coffee-shop, and they came again about 2 o'clook, with the pony—I never saw the prisoner before—a policeman (Nunan) came and took me to the police station to see the prisoner—there were two persons with him—I saw them walking about the station before I went in—I can't say whether they were two policemen—they were in private clothes—before I was taken in Nunan told me the man they wanted me to identify had a brown coat on; the other two black coats on—Simmons, another policeman, was with Nunan—I went before the Magistrate, and gave my evidence—the prisoner was in the dock—we all came away together in a cart; the prisoner, myself and the two policeman, the prisoner's wife and another young woman—we stopped at a public-house in Tottenham, and all had dinner; the constables too—we had two or three pots of ale, half-a-pint of gin, and a quartern of rum—the prisoner's wife paid for it—the consta-bles drunk the same as we did—the prisoner's handcuffs were taken off and put on the mantelshelf—they were put on again after dinner—none of us were the worse for the liquor that we took—we went away in the cart—the tall policeman and the prisoner did not come in the cart, they went by the railway—the constable never said anything to me about my statement—they told me they were sure they had got the man and they said the inspector would put him in between two men, and they would give me warning that I might know him—Nunan said that, and then he told me he had a brown coat—he did not say anything about the evidence I was to give.
MR. LEWIS. Q. Are you certain the prisoner is the main? A. Yes; the man that was in the yard, not the one that sold the horse—I was not with the prisoner's friends yesterday; they were in a public-house, and I was there, but not with them—the prisoner's wife was there—I was not drinking with her.
WILLIAM FERBEY . I live at 27, New Church Road, South Hackney, and am in the employement of Mr. Thomas Goddard, a bake—he has stables at the Triangle—the prisoner and another man they call Ginger Jurvis occupied one of the stables—they had horses there—I don't remember a dark grey mare—I have seen the prisoner and Jarvis at the stables together frequently—I saw them both with horses—they both seemed masters, as far as I could see.
Cross-examined. Q. Did you see a bay mare at the stables? A. Yes;
and a chestnut cob—I remember those in November—I saw a large black horse there—I don't remember any others—there was no board up stating that Jarvis dealt in horses—he kept them there—I used to see them take horses out of the yard—as far as I know they bought and sold horses—my master hired horses of Arno before Jarvis came there—before Jarvis was there I saw several different horses.
MR. LEWIS. Q. You know nothing more of the horses than that they came to the stables? A. No—I saw them clipped.
CHARLES WEBBER . I am a wheelwright and farrier, at Coach Yard, Well Street, Hackney—I know a person called Ginger Jarvis, and I know the prisoner—I know some stables in Goddard's yard, at the Triangle, Hackney—I have seen the prisoner and Jarvis at those stables—they had horses there—I saw a dark grey mare there in November last—I have since seen her at Mr. Humphrey's—I saw the mare in the cart at Mr. Goddard'yard, not in the stables—I have shoed horses for the prisoner—sometimes he came to fetch them, and sometimes I took them home to Goddard's yard—they let horses out on hire—the prisoner had stables and horses at his own house, in Victoria Park—I have seen the prisoner and Jarvis together for about three months, as near as I can imagine—when I saw the mare in the cart her tail was long, longer than when I saw her afterwards—when I saw her at Mr. Humphrey's something had been done to the knees—I could not tell what—I could not tell whether she had been thrown down or not—I saw her in the cart about twice—there was no one in the cart when I saw it in the yard—I have seen them once since together—they were just by the Triangle—the Triangle is about three-and-half or four miles from Long Lane, Bermondsey.
Cross-examined. Q. The prisoner, if I understand, has been dealing in horses for some time at that yard? A. Six or seven weeks, or two months—he was there just before Jarvis came—when I saw the mare first she looked as if she had just come out of a field—he would have trimmed the tail if he had wanted to sell the horse.
WILLIAM SIMMONS (Policeman N 423). I went with Nunan to appre-hend the prisoner on the 4th—about 10 o'clock at night we went to 30, Morpeth Road—I apprehended him coming out of the area window to the front door—he said he would give me 4l. or 5l. if I would let him go, and then he said he would give me 10l. if I would let him go—he had no boots or shoes on when I took him—he had stockings on—he did not say any-thing else to me.
Cross-examined. Q. Coming out of the area window, he came up close to the front door? A. Yes, where I was standing, at the comer of the house—he said, "I knew you were there, I know you, and I shan't move"—it was 12.30 or from that to 12.45 when he came out of the window—he immediately said, "I will give you 5l. or 10l. if you will let me go"—I told him the charge first, before he offered the money—first of all he said, "I know you, and I shan't move"—and then after I had taken him he said he would give me 4l. or 5l. to let him go—he said he would give me 4l. or 5l. or 10l., or any money—I said I would not let him go on any consideration—Nunun was inside the house—I took the prisoner in and went to fetch a cab to convey him away—I did not go with Nunan to the boy Marling—I was called before the Magistrate on the 14th, the first hearing was on the 5th—I know nothing about any drinking—I did not know that a state-ment has been made by the governor of the gaol that money had been
received by Nunan and myself—I never heard that there was a complaint made—I heard a day or two ago that Nunan had received some money, but I did not know what it was for—I did not hear it before I was called as a witness—some of the witnesses were called before I was—I did not read their evidence—they did not tell me what they were going to say—the prisoner's wife came down stairs when I went into the house—I went for a cab immediately—I never saw any gin, or heard anything about it—I did not bear one of the constables suggest that the prisoner's wife should send for some gin—I will swear that—I did not hear anything at all; I went for the cab—I did not see any gin brought in, and I did not drink a drop of it—I went nearly a mile to get a cab, and the two constables in the house took charge of the prisoner, and when I came back he was put in the cab—I never saw any gin at all—we went to the house first about 10 o'clock—we waited till 12.30 because we were not sure whether he was at home or not.
MITTHEW NUNAN (Detective Officer N). I went with Simmons and Crap to Morpeth Road, on the evening of the 3rd, about 10 o'clock—I knocked at the door, about 12.40—about three minutes after, the prisoner put his head out of the upper window, and said, "I will be down in a minute"—after a few minutes, from what I heard, I went round, in company with Crisp, and saw the prisoner's wife—I went round to the back door with her—just as we got to the passage, I heard someone say, "Here he is," and I went to the front door, and opened it, and found the prisoner in the custody of Simmons—we took him into the parlour, and I seat Simmons for a cab—Crisp, the wife, and myself were in the room—the prisoner said, "There is only four of us here, can't we square it put you can have 10l. each"—I said, "I don't understand squaring"—I took the prisoner to I ford Gaol, and on the way he said he felt very bad, and I let him have 3d. worth of brandy—I sent for it, and kept charge of the man till it came—about fifty yards further on he stopped again, and said, "Now look here, between man and man; there is only you and me here; I will give you two 5l. notes if you will square this up for me"—I told him I did not under-stand squaring, and had got no orders to do so—he said, "You will see my wife before the week is out, and she will put a 10l. note in your pocket; you need not say anything about it."
Cross-examined. Q. When his wife came down, Simmons was sent for a cab, was he? A. After bringing the prisoner into the room—the prisoner sent for a half-quartern of gin, and a half-quartern of brandy—I had some, and the other constable, too—the prisoner suggested that it should be sent for—I think it was gin I had—it was before, we had the gin that he proposed to give me 5l. or 10l. to square it up—he asked me if I would allow him to take a drop with his wife before he went, and I did—I drank about half a glass—it is not my usual practice to allow prisoners to send for brandy and gin—I said I did not understand squaring when the prisoner offered the money—I did not understand—I said I had got no orders—I got orders from my superintendent, afterwards, to take the money, and I handed it over—I went in search of the boy, Marling—he was shown the prisoner in the presence of two men, two constables in plain clothes—I asked the boy what sort of a coat the man had on when he came to the yard, and he said, "A brown one"—I told him the man we had, had a brown coat—I did not say, "We have got him safely, and I will give you a warning;" nothing of the kind—we went from Waltham Abbey to Tottenham
in a cart; me, and Crisp, and the prisoner's wife, the prisoner, the boy, and a woman—I don't know who she was—we stopped at the Railway Tavern, and had dinner—I took the prisoner's handcuffs off while he had dinner—I had some ale to drink, I think—I think we all had ale—there was no brandy, or rum—I won't swear there was not; I will swear I did not have any—the prisoner's wife paid—I tendered the money for my dinner, and she would not accept it—she asked me where there was a butcher's shop, and I went out and showed her—Crisp took charge of the prisoner—the prisoner was as sober as he is now when he left the public-house—the gaoler did not make any remark—I met the prisoner's wife, on the 10th, at the Broadway Bridge, in Hackney—I was waiting for Mr. Humphrey—a man named Stimson was with me—I went to a public-house, and had some ale with him—Mrs. Arno came in—I did not ask her if her husband had spoken to her—I did not say, "I intend to act as a man to him, if he does the same to me; but I have a wife and five children, and I can't run about for nothing"—I told her I had a wife and children, the night I apprehended the prisoner; I said, "I have a wife and five children, and I have to mind my duty"—I did not tell her that the prisoner had said his wife would give me 10l. or that he was entirely in my hands, and I could get him either discharged or committed—nothing of the kind—the prisoner's wife said, "I saw my husband last night, and he told me to square it up with you; I shall see him to-night, and should like to know where to meet you," and the appointed to meet me at 2 o'clock—I went and told my superintendent, and he told me to meet the wife, and take whatever she gave me—I met her, and she said her husband had told her to give me 5l. to-night and 5l. in the morning, and a silver watch—she said, "I have not' got the money now"—I went with her into the public-house, and she left me in the parlour—the brought me 3d. worth of brandy—I got 5l. from her afterwards—she did not change a note—I did not say I did not like to have it in notes—she did not show me a 5l. note, and say, "I will change this in the morning and give you 5l. and a silver watch"—she suggested that we should meet at the Great Eastern Railway, in the second-class waiting-room—she was there before me—she told me to come to her home, and she could get the money—she took tickets, and we went to Mile End—she gave me the gold in a public-house there, and said, "Here is 5l. more I will give you in the morning"—I got the first 5l. in cash—I gave it to Inspector Dean the next morning—there was no complaint made against me before I paid over the money—there was a reward of 50l. offered in this case.
JOHN DEAN (Inspector N). I knew that Nunan was going to receive money from the prisoner's wife before he did receive it—the money was given up to me by order of Superintendent Green—Nunan handed it to me.
Cross-examined. Q. Did the governor of the gaol speak to you about it? A. He did, a week or a fortnight after the prisoner was in custody—I mentioned about the money being received from the wife, before the Magistrate, on the second examination—I was not at the first examination—I attended the second and third—the prisoner was to be released on bail—I went to see the bail—I can't remember their names—I did not see them when I went first—I did not tell the wife of one of them that if her husband became bail, the man would be sure to run away—I went to see if the bail was genuine and the men respectable—I pimply asked the wife if her husband
was at home, and she said, "No"—I said I wanted to know if he had tendered himself as bail for a party who was in prison for horse stealing, and asked her if she could produce the books and receipts—she said, "No, he has got them in his pocket, and I can't show them to you," and she asked me who the man was, and I told her his name was Arno—the said the was not sure what her husband had gone to town about—I did not say he would be sure to abscond, and her husband would have to pay; nothing of the kind—I found the bail were respectable; but they did not come forward.
GUILTY of receiving—Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. PATER conducted the Protection.
ANN CRAWFOOT . I am the wife of Robert Crawfoot, of Well Hall Cottages, Eltham—on 3rd January, at 8 a.m., I went down stairs and found the pantry window open, which was shut and fastened when I went to bed at 9 o'clock—I missed from the larder a piece of beef and a very large plum pudding with a little piece cut out of it—I found the pudding in the shed, and saw a portion of the beef taken out of the prisoner's pocket.
ROBERT FAIRWEATHER (Policeman R 320). On Sunday night, 2nd Jan-uary, about 10 o'clock, I saw the prisoner going down a path at the back of some houses, within 200 yards of Mr. Grawfoot's—I law him again about 11.15 or 11.30 in a shed, covered up with horse litter—I searched him and found a piece of plum pudding, some suet pudding, and a quantity of beef—I asked what he had been doing; he gave no answer—I asked where he got the beef and pudding—he said, "From a servant girl"—I asked him who she was—he declined to tell me.
JAMES PIPER (Policeman R 37). On the morning of 3rd January I went to the prosecutor's house, and saw footmarks there, which I compared with the prisoner's left boot and the impression was the exact model of the sole—half the heel was worn off, and half on top was left, and there was every nail, nail for nail—I did not make an impression by the side, I was satisfied without.
Prisoner. How can you swear to the footmarks when there had been three hour's rain? Witness. There was no rain from the time you were in custody till 10.30 or 11 o'clock.
GUILTY — Three Months' Imprisonment.
Before Mr. Common Serjeant.
233. ALFRED FOWLER (38) , PLEADED GUILTY to three indictments for forging and uttering receipts for the payment of money, and stealing various sums of money of Frederick Robert Mein, his master— Fifteen Months' Imprisonment. And,
MR. HARMSWORTH conducted the Prosecution; and MR. PATER the Defence.
JAMES TOPPLE . I live at 128, Crescent Road, Plumstead, and am foreman of a foundry—on 27th December I left my house about 3 o'clock in the afternoon, and returned about 12.15—I found the front door all right—when I got inside I missed the coats from the pegs in the lower passage, and five pairs of trowsers and various other articles—I saw my business coat at Mr. Drewry's shop the next day—I have also seen a coat of my son's at the Police Court in the afternoon.
EDWARD SEYMOUR (Police Sergeant R 31). I was in the Crescent Road on 27th December last, about 5.55—I saw the prisoner and a man named Clark there, near the prosecutor's house—I saw them in a passage, and I came up the passage—I said, "What are you doing here?"—they made no reply—I saw they had got nothing, and I went away—on the following morning I heard of the robbery, and, from information, I went to Mr. Drewry's, in Eaton Road—he came to the station, and I went with him in search of the prisoner—we found him in the Oak public-house in the New Road—he was there with Clark—I asked the prisoner whether he had been in the New Road the night previous, or the Station Road—he said "No"—I asked him if he sold a coat in the Eaton Road—he said "No"—I called Drewry forward, and he said "Oh, yes, I did sell a coat to that man"—I said I should take him into custody for breaking into Mr. Topple's house on the night previous and stealing a quantity of articles of wearing apparel—he said he knew nothing about it; he bought two coats of a man in the Eaton Road; he don't know who the man was—I afterwards went to a house and saw Clark.
Cross-examined. Q. Did you say to Hunt, "Where were you last night?" A. Yes, and he said "Where I am now"—from information I went to another party, and found the prisoner had sold a coat to a cabman—Clark was with the prisoner on the 27th—he is a man of bad character—ha is a convicted thief—there was a man named Smith with Clark when I went to his house—he is also a bad character—I went to Clark's lodging about half-an-hour after I apprehended Hunt.
GEORGE DREWRY . I am a wardrobe dealer, at Eaton Road, Plumstead—on Monday night, 27th December, the prisoner came to my shop—I asked him what he wanted—he said, "Nothing"—I asked him again, and he said, "George, will you buy this coat?"—he was wearing the cott at the time—I said, "Well, let us look at it"—I helped him off with it—I asked him how much he wanted for it—he said 4s.—I said, "I will give you 3s."—he had a coat underneath that one—I noticed some spoons stick-ing out of the pocket of that coat—I said, "You seem to have had a windfall"—he had been in drink—I bought the coat for 3s.—he said he had been up to see his old blind aunt—he then left the shop—I produce the coat I purchased—I searched the coat, and in the breast-pocket I found a paper with Mr. Topple's name on it, and I communicated to Mr. Topple what I had seen.
Cross-examined. Q. You knew this man for years? A. Yes, I had—he was drunk when he came—I gave him 3s. for the coat, a half ounce of tobacco, and a bottle of ginger beer—they were spoons hanging out of his
pocket; they were not painter's knives—it was between 8 and 10 o'clock at night; I can't tell exactly.
GEORGE SIMPER . I am a cab driver, and live at Woolwich—about 9 o'clock on 27th December, I was on the cab-rank opposite the Woolwich Arsenal station—I saw the prisoner there—he offered me a coat for sale—he had another one with him—I gave him 6s. for the coat—he was in liquor, but he knew what he was about at that time.
Cross-examined. Q. That is very near the prosecutor's, is it not? A. Within two or three minutes' walk, 300 or 400 yards.
The prisoner received a good character. GUILTY .— Recommended to mercy on account of his character—Judgment Respited.
Before Robert Malcolm Kerr, Esq.
Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution.
REUBEN BUTCHER . I am a greengrocer, of High Street, Plaistow—on 15th January, I was in the Borough Market, and Holmes asked me for two bunches of celery, which came to 1s.—they said they would give me 10d., and paid me with a good half-crown—I gave them 1s. 6d. and 2d. change, good money—they then disputed it, and would not have it, and called the change back again—I gave them the half-crown, and they gave me the silver, which I put in my pocket—they came again to ask the price of celery, I said, "10d."—they gave me, I think, a shilling—I put it in my pocket, and gave them 2d. change—they then disputed it, and said they would not have it, and I had to give them the money back again—they came a third time for two bunches of celery, and gave me 1s.—I doubled it up and gave it back to them—I afterwards found three bad shillings in my pocket, and gave them to the constable—the prisoners afterwards returned and had one bunch for 6d., and after that I gave them in custody.
Carroll. This woman was not in my company. Witness. You were both together every time.
ELI SMITH (Policeman M 252). I took the prisoners; they said they knew nothing about it—Butcher gave me these three shillings—the female searcher gave me these five bad shillings (produced), and some good money.
SARAH ANN HENSOM . I am female searcher at Stones' End Station—I searched Carroll, and found a good florin and a sixpence—she said, "It is all through the other woman I have got into this bother—I searched Holmes, and found 4s. 3d. good money, and 9d. in copper—I said, "Have you got any more money?"—she said, "No"—I asked her if she had any in her mouth—she said, "No," and rolled over, naked, in the cell, and put her hand between her legs—I afterwards found these five shillings, in a bit of rag, which she had tried to conceal in an improper manner—I gave them to the policeman.
mould—these five shillings are bad, and one of them is from the same mould as the first three.
CARROLL— GUILTY — Twelve Months' Imprisonment.
HOLMES— GUILTY **— Two Years' Imprisonment.
MESSRS. POLAND and HARMSWORTH conducted the Prosecution.
JOHN DOLLING (Policeman P R 13). On 11th November the prisoner was given into my custody, with this florin—he was taken to the station, and gave his name, Thomas Evans—he was remanded till 17th November, and discharged, as that was the only case against him.
RICHARD KIRBY . I am a tobacconist—on 23rd December I served the prisoner with a 1/2oz. of tobacco—Mrs. Kirby took the shilling, and handed it to me—it appeared to be bad, and I asked him where he received it—he said, "From Davis's wharf"—I gave him in custody, with the shilling, and told him if it was true I should not prosecute; but if it was false I should.
SIMEON WAGHORNE . (Policeman L 111). I received the prisoner and this shilling (produced)—he said he received it at Davis's Wharf, and gave his name, George Brown—I took him to the station—he was remanded till the 29th, and then discharged.
WILLIAM MUNDY . I am potman at the Black Prince, Walworth Road—on 13th January Miss Hubble served the prisoner with some beer and tobacco—he paid with a shilling—she put it to her teeth, called her brother, and the prisoner was given in custody.
GUILTY — Twelve Months' Imprisonment.
MR. POLAND conducted that Prosecution; and MR. STRAIGHT the Defence.
JANE CATCHPOLE . I am barmaid at the Southwark Tavern, London Bridge—on 24th January, about 10 o'clock, I served the prisoner with 1 1/2 d. worth of gin—he gave me a shilling—I put it in the till, and gave him change—he went out at one door and came in at the next, not two seconds afterwards, asked for some ale, and put down another shilling—I bent it with my teeth and threw it beck to him—he said nothing—I then went to the till and found a bad shilling at the top—I told him he must have given me that one—he said that he had not been in the house before—I am sure he
is the same man—I sent for the manager, and the prisoner kept the bad shilling in his hand, looking at it, till a policeman came, and he was given in charge, with the two shillings—he was sober.
Cross-examined. Q. Are you sure he stood looking at it till the policeman came? A. Yes—I told him he had better go or he would get into trouble; but he did not offer to go.
CHARLES MORGAN (Policeman M 207). On the night of 24th January, I saw the prisoner come out of this public-house door—I said nothing to him then—I afterwards told him he was in my custody for attempting to pass two bad shillings—he denied it, and said he had changed a half-sovereign—I took him to the station, and he attempted to escape—he was sober, but pretended to be drunk—I received these two shillings from the manager of the Southwark Tavern—I searched the prisoner at the station, and found eleven bad sixpences and nine bad shillings in hit waistcoat pocket—the shillings were wrapped in paper—there were some florins, sixpences, and coppers, in good money, in his trowsers pocket.
GUILTY .— Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. HOLLAND conducted the Prosecution.
JAMES WHITTINOTON . I deal in fruit, and live at Marygold Street—the prisoner is my stepson—on the night of 18th January, I looked up my doors and windows—I cannot say whether the middle door was fastened, but it was shut—I awoke about 3 a.m., and saw the door open which I had shut when I went to bed—I jumped up and fancied I saw somebody kneeling down—I said, "Is there anybody there?"and struck a light, and saw the prisoner lying down by the side of the bedstead—I then asked my mistress to look if my watch was in my waistcoat pocket—she said it was not there; and I said to the prisoner, "Give me my watch and chain up; no good will come to you, you have got a good home"—he gave it to me out of his hand, and said, "I came after a shirt"—I awoke his brother in the next room, who went for a policeman—I found a square of glass broken in a window at the back of the house, and a wheel placed under it—the prisoner must have got over a wall.
HENRY READER (Policeman M 192). The prisoner was given into custody—he was sober—I found the up stairs back window cut out, and a large wheel placed under it, which came within 4 ft. of it—going to the station the prisoner said that be hoped he should get five years.
GOILTY. He was further charged with having been before convicted at Fewington, in March, 1868, to which he
PLEADED GUILTY .**— Seven Year Penal Servitude.
MR. PLATT conducted the Prosecution.
THOMAS THOMPSON SMART . I am a gardener, of Bushey Down, Tooting—on Monday night, 17th, I was by the Plough, at Clapham, with the prosecutor—I had treated the prisoner to some drink, and went out with North—when we got about ten yards off, the prisoner came and asked for a smoke—I said I had given him sufficient and would not give him any more—he followed us, and I put my watch in my trowsers pocket for safety—I saw North's watch in his coat pocket—about ten minutes afterwards some men came to us from behind the trees; the prisoner was one of them—he followed behind us—the men struck me over the head with stakes, while North was engaged with the prisoner—when I got free, North was lying in the mud—he was out about the face, and his chain was hanging loose—he was all over mud and blood—this hedge stake was lying close to the footpath—we afterwards met a policeman—I had had a glass of ale, but was not tipsy, though excited.
Prisoner. Q. Were you refused more drink at the Plough? A. I cannot recollect it; I don't think so—I had had nothing to overcome me—I saw you when I put my watch in my pocket—I turned round frequently, and still saw you following—the lamps were lighted—it was in the highway from Clapham to Balham—I do not recollect saying at the Plough that I was the captain of a ship, and had been over to America—I never was in America, and did not tell you so to my recollection.
JESSE NORTH . I am a gardener, of Hill House, Tooting Common—I was with Smart at the Plough—I was not quite sober, and have no recollection of what passed—my watch was safe before I came out—I afterwards found myself on the ground, covered with mud and blood—I was so knocked about that I scarcely recollect getting up—I missed my watch, and found my chain hanging loose—I remember nothing about the prisoner.
ROBERT CAS WELL . About 12.30 on this night I was in the Balham Road, about half a mile from the Plough, and heard cries of "Stop thief!"—in a few minutes I saw Smart, who said something to me, and I went back and found North—his face was bleeding, and he was covered with mud—I found this stake dose to him; his chain was hanging from his pocket, and his watch was gone—Smart was in liquor, and North was worse—I looked at him, and saw a bruise on his right shoulder, which might have been caused by this stake.
WILLIAM KEMPSTER (Detective Officer). On the 19th January, the next day, I was with Smart, about 200 yards from where this happened, and saw some persons coming along, and Smart pointed out the prisoner as one of the three who assaulted him—I told him I should take him in custody for being concerned, with two others, in assaulting this gentleman and another, and stealing his watch on Monday night on the Common—he said, "Very well, I will go quietly," and he did so.
MARY PBARCE . I am landlady of the Plough, at Clapham—I saw Smart and North there on the night of the 17th—the prisoner and others were there, they appeared to be companions—Smart gave some drink to one of them—they left a few minutes after 12 o'clock, about two minutes after Smart and North—while in the house the prisoner put his hand forward—I cannot say that he touched Smart's chain, but he said, "What is about
the value of this?"—Smart gave him a push, and sent him back two paces, saying, "That will do, I want nothing to do with you"—Smart wag sober, but North was not.
COURT. Q. Did you see anyone give North liquor? A. I did not—they called for two bottles of soda-water—I believe the barman gave them some ale.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. PATER conducted the Prosecution.
ROBINS PLEADED GUILTY .
CHARLES GEORGE ROBINS . I live at 7, Albion Street, Rotherhithe, and am a commercial clerk—the prisoner, William Robins, is my nephew—he has been living with me about six months, up to the morning of the 29th December—he left then without my knowledge, and I missed two rings, a coat, a scarf, 7s. in money, and a purse containing 3l. 12s.—the two rings were in the purse—I have seen them since, and identify them as my property—these are the rings—I gave him lodging.
JOHN BULL . I live at 15, Marlboro' Street, Blackfriars Road, and am a furrier—some time in January I bought a pawn ticket relating to two rings, of the prisoner Langston—I gave him a shilling for it—those are the rings—my wife went and got the rings out, and she afterwards pawned them gain—her name is Helen—the prisoner did not say where he got the ticket from.
DAVID GAMBELL (Policeman R 99). I apprehended the prisoner Langston on 11th January, at a public-house in the New Cut, Lambeth—I told him I should take him for receiving two gold rings, well knowing them to be stolen—at first he denied it, and on the way to the station he said "I did receive the rings"—he said, "If you will tell me who rounded on me, I will tell you all about the rings"—I told him it was a man named Robins who rounded on him—he said "I sold the ticket to a Bull for 9s."—I afterwards apprehended Bull, and took him to the station and charged him.
Prisoner. I did not know they were stolen.
THOMAS FYE . I am assistant to John Edward Hastings, pawnbroker, Union Road, Borough—on 1st January last these two rings were brought there by Langston—I gave him 9s. for them—he said his name was John Jones.
Langston't Defence. On 1st January I was in a public-house in the Borough, this man here and another man came in, and they gave me a glass of ale. Robins said to his mate, "I have got no more money, I will pawn my rings; "he took them off his finger and said, "Go and get these rings pawned for me!"I said I did not mind, as I was out of work. I got them pawned and gave him the money; I wish to call him as a witness.
WILLIAM ROBINS (the prisoner). I have pleaded guilty to this charge—on the 1st January, the Saturday night, I saw Langston in a public-house in the Borough, he was having a glass of ale—a young fellow was with me. I asked Langston if he would pawn two rings for me, and he went—I had
got them oo my finger—he brought me back 9s., and I gave him the ticket—I did not tell him where I got the rings, he was an entire stranger to me, I never saw him before—I was in his company about an hour and a half that night.
NOT GUILTY .
ROBINS recommended to mercy by the protector— Six Month's Imprisonment.
Before Mr. Justice Byles.
243. WILLIAM SKEPLEHORN (27), and SARAH SKEPLEHORN (35), were indicted for unlawfully conspiring together, and with Louisa Julis Ironside and others unknown, to father and put off upon Thomas John Ironside a bastard child as his own. In Seven other Counts the intent was alleged to injure, deceive, prejudice, and defraud him, to cheat and defraud the next of kin, to burden the parish with the support of the said child, and to cause a false entry in the register.
MR. WILLIS conducted the Prosecution; MR. LILLEY defended William Skeplehorn, and MR. THOMPSON Sarah Skeplehorn.
THOMAS JOHN IRONSIDE . I live at 100, Wood Street, Cheapside, and am a silk buyer—on 29th November, 1866, I was married to Louisa Maude Owen, at St. Saviour's Church, Haverstock Hill—in February, 1867, we were residing at 6, Durnford Villas, Wandsworth, and continued to do so till the following November—in the month of August, in company with my wife and Mr. Searle, I rowed up the river to Oxford—I left my wife's cousin, Fanny Searle, and the servant in charge of my house—at that time I was under the impression that my wife was with child—we were at Oxford on Saturday, 17th August—my wife had been unwell for a day or two prior to that, and on the Saturday she left me to return to town; I saw her off by the train—Mr. Searle and I remained behind to bring the boat back—by the following Wednesday we had rowed as far as Windsor—from there I sent a telegram to my wife and received one—I arrived home on Wednesday the 21st, and found my wife in bed—Mrs. Skeplehorn was with her and a baby—I, of course, congratulated my wife upon her safe delivery—the child was shown to me, and Mrs. Skeplehorn congratulated me on my wife's being confined; she presented the child to me, and said it was very much like me—I first saw William Skeplehorn a day or two afterwards in my kitchen—he congratulated me on the birth of the child, and made a similar remark to that his wife had done; he also told me he was out of work, and could I give him some old clothes, or be of some assistance to him—I gave money for the nurse; it was arranged to be 1l. a week—I paid the first part of the money to my wife, in the presence of Mrs. Skeplehorn; it was about 2l. or 3l.—I certainly regarded the child as my own—it lived with me about six months, till February, 1868—I continued to support it till last November—in consequence of something I heard I went to 78, York Road, Lambeth, where the prisoners lived; that was about February or March, 1868; I went twice that day; I saw the wife on the first occasion in the afternoon; in consequence of what she said, I returned in the evening and then saw both the prisoners together—I insisted upon their telling me the truth of the transaction that had happened, that I was informed it was a false confinement, and the child was not mine, and that they were privy to it—Skeplehorn said that be should tell me nothing about it himself, that the proper person to apply
I to was the midwife—I pressed him to tell me the name and address of the midwife—he refused to do so, stating that he did not know the address or the name—I told him that I felt certain he did, and the expression that his wife had made use of in the course of the afternoon confirmed me in that opinion—we had words—I pressed him very much—I was accompanied by Mr. Searle—I went for a policeman—the inspector thought it was a case in which a policeman should not interfere, and I returned to the house again; I pressed Skeplehorn again, and he refused point blank to tell me anything at all—I told him it was a serious offence, and I should use my utmost efforts to make him tell the truth, and he said I might do my best or my worst—in November, 1869, I called again with Mr. Lewis, my solicitor—he tells me it was on 19th October—I saw them both together, the wife first, and the husband afterwards; they were both together at the end of the interview, and each heard what the other said—I pressed them again to acknowledge the truth of this; from the circumstances that had taken place I felt more certain now than before that it was a false confinement, and they were perfectly cognisant of the facts—they said they would tell me nothing; they repeated the statement about finding the midwife—I threatened them several times with punishment, and they said when I brought them up it would be time enough to speak' the truth, and they did not care if they did get five years.
Cross-examined by MR. LILLEY. Q. Did you live with your wife up to August, 1867? A. Yes, till February, 1868—I was upon affectionate terms with her up to that time—when she left me she took the child with her—she is at present living separate from me, upon an allowance—I know her present address—I don't know whether the child is still with her—at the time I first saw Skeplehorn in my kitchen his wife was in the house, acting as nurse—I saw him again, it might be two or three days afterwards, his wife still being in the house—when I saw them at their house in February, 1868, in the first instance, I tried to persuade them; afterwards I threatened them—they both spoke—the remark made on the last occasion that they did not care if they got five years, was made by the wife; but the husband also remarked that it was not a hanging matter—he had not walked away when his wife made the remark—I did not say so before the Magistrate—I said he walked away at the end of the interview; this occurred in the back kitchen or scullery—when he went away he called to his wife, and said, "Come away"—I have commenced proceedings against my wife in the Divorce Court; I was in difficulty some two years ago, simply brought on by my wife's influence.
Cross-examined by MR. THOMPSON. Q. When you called in February, and made a communication to Mrs. Skeplehorn, did not she say, "I can't say anything at all about it; if you want to know you must see Mr. Skeplehorn, he will be here in the evening? A. Yes, she did.
EMILY MEDHURST . I am head nurse at the Newington Workhouse—on Tuesday, 21st August, Mrs. Ironside called on me at the workhouse—the interview I had with her was alone; but I believe she was accompanied—in consequence of what passed between us I met her at the Waterloo Station, about 6 o'clock that evening (I had, to the best of my recollection, delivered a girl named Fanny Wood, at the workhouse, of a female child, on 29th July) we got out at Clapham Junction, and proceeded in a cab to her house, 6, Durnford Villas, Wandsworth—we called on our way at A butcher's shop, and purchased a sheep's pluck—at the house I found Mrs.
Ironside's cousin, Misa Searle, and Elizabeth Cotterell, the servant—there was no one else in the house, to my knowledge—we got there shortly after 7 o'clock—in the course of the evening Miss Searle and the servant left the house—after they had gone a person, who I believe to be Mrs. Skepleborn, came to the house with a child in her arms—I am not positive whether I she was followed by her husband, or whether he entered the house with her; but he came to the house, and had something with him, wrapped in paper—they went into the kitchen—Mrs. Ironside and I also went into the kitchen, and a conversation took place in reference to the act that was in contemplation—I and Mrs. Ironside became fearful, and asked Mr. Skeple-horn to take the child back—he refused to do so; he said it was humbug we had began the affair, and we must end it—before that there was a conversation to the effect that Mrs. Ironside had miscarried, and that she wished to have a child, so as not to disappoint her husband—that was in the prisoners' presence—the whole thing was fully discussed and gone into in their presence, and after the conversation Skeplehorn left the house—Miss Searle and the servant returned about 11.30 or 12—Skeplehorn had then left—Mrs. Ironside was then up stain, in bed, with Mrs. Skeplehorn in the room—the child in the first place had been taken into the kitchen—it was afterwards taken up stairs, and Mrs. Skeplehorn re-dressed it, and placed it in the bed, or on an ottoman in the bedroom—I am not positive whether Miss Searle and the servant went up into the bedroom—I remember Miss Searle coming to the door, and asking to come in, and I said she had better not; I don't remember her coming into the room—I stayed in the house till after breakfast next morning—on the following Sunday, the 25th, Mr. Skepleborn called to see me, at the Newington Workhouse—he came to complain of my not having attended at Durnford Villas—he said I had been expected on the Friday, that Mr. Ironside had stayed at home one day, expecting to see me in attendance on his wife, and he was waiting to give me 5l., as my fee for having acted as midwife—I said that I could not come, neither would I come, for that my position was worth more to me than risking going down there—he said that I had spoiled the whole affair, and urged me to come; he said it had gone down beautifully—I saw Skeplthorn again, at his house, 78, York Road, about a fortnight or three weeks afterwards; I met Mrs. Ironside there, by appointment, and Mr. and Mrs. Skeplehorn and the child were there—Mrs. Skeplehorn was still acting as nurse, and she and Mrs. Ironside had come to town that day, with the child—I don't remember any other conversation—I did not act as midwife to Mrs. Ironside on this occasion, I only assisted in the mock confinement.
Cross-examined by MR. LILLEY. Q. Are you head nurse at the Newington Workhouse still? A. I have resigned my post, in consequence of the exposure of this affair—I have not been dismissed; I voluntarily resigned—I saw Mrs. Ironside alone, in the first instance—she told me she bad been to Mrs. Skeplehorn—I received intimation from Mrs. Ironside as to what it was she wanted done, and what she wanted me to do—the conversation in the kitchen took place in August, 1867—I am sure about the conversation in, that Mr. Skeplehorn replied that it was nonsense, when we wanted him to take the child back—I did not represent, before the Magistrate, that I refused to let the child go back; I was eager that it should go back—I and Mrs. Ironside were alone in the cab, when we bought the pluck at the butcher's—it was used up stairs—I did not return to Durnford Villas' I
called once, on a Sunday, a fortnight or three weeks afterwards—I never received any remuneration from Mrs. Ironside, nor yet from Mr. Ironside, through the male or female defendant.
COURT. Q. You never received any remuneration? A. No, not from any of these parties—I believe I knew whose child this was; I mean the mother; I have no knowledge of the father, nor has anybody been mentioned to me as likely.
JOHN SAUNDERS . I am superintendent registrar for the Wandsworth district—I produce the registration-book delivered to me by Mr. Howick, the registrar for Wandsworth—on 27th September, 1867, I find an entry of the birth of Maud Alice, child of Thomas John and Louisa Maude Ironside, of 6, Durnford Villas, Wandsworth, on 20th August, 1867—it is signed by Louisa Maude Ironside, the mother.
MR. LILLEY. Q. Did not Skeplehorn complain that he had received no remuneration, or his wife? A. He complained that he had not received the whole of the money, that is, the whole of the pound a week that was to be paid to his wife, but he owned to having received part of it.
GEORGE WHITE . I am master of the Newington Workhouse—we have a porter whose duty it is to enter in a book the names of persons coming to the workhouse to see persons residing there—I have the book containing entries on 25th August, 1867—the porter who kept it at that time is not now in the employ.
FANNY SEARLE . I live at 2, Ship Street, Brighton—in August I was staring with Mr. and Mrs. Ironside at 6, Durnford Villas—I stayed in the home while they went to Oxford—I recollect Mrs. Ironside returning by herself—I was under the impression that she was with child at that time—on the Tuesday after her return, the 20th, she came home accompanied by Miss Medhuret—there was no one else in the house but ourselves and the servant—Mrs. Ironside was not feeling very well—in the evening I and the servant went to the Christy Minstrels, leaving no one in the house but Mrs. Ironside and Miss Medhuret—we returned about 11.30—Miss Medhurst opened the door to us—she told me that Mrs. Ironside was confined—shortly afterwards I went into Mrs. Ironside's bed-room—I there found Mrs. Skeplehorn—Mrs. Ironside was in bed, and a baby was lying on an ottoman at the foot of the bed—I spoke to Mrs. Ironside and then left—in the evening, while I was in the kitchen, Mrs. Skeplehorn came down, went to the fire, and burnt something—I believe the servant was there at the time—she stayed in the house about a month acting as nurse—she prepared the food and things for the child—I saw Mr. Skeplehorn there twice, I think—I did not have any conversation with him about the child—Miss Medhurst left the next morning, about 11.30—I did not see her there again.
ELIZABETH COTTERELL . In August 1867, I was servant to Mr. Ironside—I recollect Miss Medhurst coming to the house on a Tuesday evening, in August, and my going with Miss Searle to the Christy Minstrels—on my return I went into my mistress's bedroom, and there saw Mrs. Skeplehorn, Mrs. Ironside, and the baby—in the evening Mrs. Skeplehorn came down into the kitchen to burn something, and early in the morning, when I came down stairs, I saw her in the scullery, washing Mrs. Ironside's under linen—I saw Mr. Skeplehorn about four times I did not speak to him about
the child, that I recollect—Mrs. Skoplehorn lived in the house, and acted as nurse for four weeks.
Cross-examined by MR. LILLEY. Q. When you saw the male prisoner it was during the time his wife was in the house? A. Yes.
FANNY WOOD . I am a domestic servant, living at the Duchess of Clarence public-house, 141, Vauxhall Bridge Road, Pimlico—I am a single woman—on 28th or 29th July, 1867, I was delivered of a girl, in the Newington Workhouse, by Miss Medhurst—on Tuesday, 20th August, I was at the Lying-in Hospital, York Road, to be retained as a wet nurse—I saw Mrs. Ironside there and Mrs. Skeplehorn—Mrs. Ironside said she did not want a wet nurse; but she wanted to adopt a baby—she said she wanted a very fair child, and it must be a female—I was asked to give up my child—in consequence of this conversation, I took the child to 78, York Road, where the prisoners lived—I got there between 1 and 2 o'clock—I believe Mrs. Skeplehorn purchased some things for the child—she went out, and brought some things back—Mrs. Ironside was there—the child was dressed in the clothes that were brought in—Mrs. Skeplehorn dressed it—they were better clothes than the child had been wearing—I went with Mrs. Ironside to the Newington Workhouse, and came back again with her to 78, York Road—she left between 5 and 6 o'clock, leaving me and my child there—I saw Mr. Skeplehorn that night, in the kitchen, at his own house—he did not speak to me about the child—nothing particular—I left the child with Mrs. Skeplehorn, Mr. Skeplehorn being there—about three or four days afterwards, I went to 78, York Road again, to inquire about the child—I saw Mr. Skeplehorn, and asked if he knew how the baby was, and he said it was doing very nicely—six weeks afterwards I saw my child again, at 78, York Road, with Mrs. Ironside and Mrs. Skeplehorn—Mrs. Skeplehorn had the child, nursing it—Mrs. Ironside asked was I still in the same mind to give up the child—this is the child—(The witness had it with her)—I received it this morning from Mrs. Ironside—I have not seen it since I saw it at 78, York Road, in Mrs. Skeplehorn's lap, until this morning—I am told it is the child; but, of course, I cannot tell—I believe it to be my child—I have been quite willing to take it back.
Cross-examined by MR. LILLEY. Q. You have several children, hare you not? A. No, not a large family; I have been married; I have had four children—the arrangement I made was 'with Mrs. Ironside; she was the speaker—the only place where I saw Mr. Skeplehorn was at his own house.
HENRY SEARLE . I live at 3, Tenby Villas, Walthamstow—I accompanied Mr. and Mrs. Ironside to Oxford—in February or March, 1868, I called with Mr. Ironside at 78, York Road—we first saw the female prisoner, and in consequence of what she said we returned in the evening, and saw both prisoners—Mr. Ironside had a conversation with the male prisoner; he urged him to tell him the truth about this mock confinement, telling him it would be much better for him to do it eventually.
ROBERT C. LEWIS . I am solicitor for the prosecution—last October I accompanied Mr. Ironside to 78, York Road, and 'saw the prisoners—Mr. Ironside said he had come to know the truth about the child—they were both very abusive, and said, "You had better go to the midwife"—I then said it was a very serious matter, and the truth must come out—I said, "It would be better for you to confess as it is a criminal offence."
This being the cose for the Prosecution, MR. THOMPSON claimed an acquittal for the female prisoner, on. the ground that there wot no evidence of her having
added independently of her husband; he referred to the cases of "Reg. v. Connolly," 2 Lewin's Crown Cases, p. 229, and "Reg. v. Price," 8 Carrington and Payne, p. 19, in both of which the husband and wife being jointly indicted for uttering counterfeit coin, the wife was acquitted; he also referred to 1 Hawkins, c. 72, sec. 8. MR. WILLIS contended that although by presumption of law the wife wot under the coercion and influence of the husband, yet that was a presumption which might be rebutted by evidence; and if it appeared that in the husband's absence she was principally instrumental in the offence, covertures would not release her; here there was evidence for the Jury of conspiracy on the part of the female prisoner with Mrs. Ironside before the husband became a party to it, and his joining in it subsequently would not relieve the wife. MR. JUSTICE BYLES was of opinion that it was a question for the Jury, but would reserve it if upon consideration he should deem it necessary.
MR. LILLEY called attention to the various Counts which alleged a conspiracy with divers persons to the jurors unknown, and submitted that as the evidence clearly disclosed all the parties who were concerned in the conspiracy, the indict-ment could not be supported. MR. JUSTICE BYLES suggested that if the objection was well founded. Lord Campbell's Act gave the Court power to amend.
MR. THOMPSON did not think that course could be adopted, by the provisions of the Vexatious Indictment Act, 22 & 23 Vic., c. 17. MR. JUSTICE BYLES having had his attention called to 30 & 31 Vic. c. 35, ruled that there was no ground for the latter objection, and left the case to the Jury.
GUILTY .— Recommended to mercy by the Jury on the around of other persons being implicated who were not present—Judgment Respited.
ADJOURNED TO MONDAY, 28TH FEBRUARY.