CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 4TH, 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.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 4th, 1870, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir ROBERT LUSH , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; THOMAS QUESTED FINNIS, Esq., Sir ROBERT WALTER CARDEN , Knt., and WILLIAM FERNELEY ALLEN, Esq., Aldermen of the said City; The Right Hon. RUSSELL GUENET, Q.C., M.P., Recorder of the said City; THOMAS DAKIN , Esq., SILLS JOHN GIBBONS, Esq., DAVID HENRY STONE , Esq., and THOMAS SCAMULER 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.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two star (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASE.
OLD COURT—Monday, April 4th, 1870.
Before Mr. Recorder.
302. RICHARD MOUNTFORD (17), and WILLIAM HASELER (51) , PLEADED GUILTY to stealing one piece of paper, and one ring, of Laura Jane Cross; HASELER also PLEADED GUILTY to forging and uttering an endorsement on an order for 19l. 19s. MOUNTFORD received a good character— Nine Months' Imprisonment. HASELER Twelve Montlis Imprisonment.
303. SAMUEL BALCOMDE (20) , to two indictments for stealing a variety of books, a reading lamp, and a tap, of William Henry Smith and another— [Pleaded Guilty: See original trial image.] He received a good character— Six Months' Imprisonment.
304. EMILY SMITH (20) , to stealing three metal spoons, and other goods, of Thomas Sims, having been previously convicted of felony— [Pleaded Guilty: See original trial image.] Twelve Months' Imprisonment, and Three Years' Police Supervision. And
305. CHARLES CONINGSBY (20) , to four indictments for embezzling various sums, amounting to 50l., of Richard Crawford, his master— [Pleaded Guilty: See original trial image.] The prosecutor stated that the amount of the prisoner's deficiency was 134l.— Five Years' Penal Servitude.
MR. STRAIGHT conducted the Prosecution.
LORD GEORGE FRANCIS HAMILTON, M.P . I live at 31, Hertford Street—in the year 1869 I had seen the prisoner Godfrey, he had some conversation with me on the subject of regattas, and I subscribed a guinea and gave it to him—I subscribed to more than one regatta in 1869—this is my genuine signature to this subscription list marked "A" (produced)—it is headed now "The Tottenham Annual Rowing Match, 1869"—I did not in 1869 subscribe to the Tottenham Annual Rowing Match—on 8th March last Ashton came to me, he sent in these lists by my servant—I sent them back to him—he ultimately came in and brought in the lists with him—I asked him if this was an annual regatta—he said yes, one had taken place last year—I asked if he was authorized to collect subscriptions for this regatta—he said he knew one of the committee, and that he was authorized—I asked him
when this regatta would take place—he said when sufficient money had been collected—I further asked him if he lived at Tottenham—he said he did not—I asked why he was collecting subscriptions—he said because he had plenty of time, and he knew the parties—I then gave him a guinea—I gave, certain directions to my servant, and he was taken in custody—I had never seen Ashton before to my knowledge—I had seen Godfrey, he stutters very much—I think I saw him more than once in 1869, but I could not be certain as to the exact number of times.
Athton. I did not take the papers in myself, I sent them in by the servant, and said I would call in half-an-hour. Witness. The papers were given to me first by my servant, as having been brought by the man that was waiting—I returned them, and said I would see the man, and they were then brought in by him—I did not receive any receipt for the guinea, I thought my signature sufficient; but I have kept a list of the regattas to which I have subscribed—I subscribed to fifteen or sixteen this year—I may or may not have given the paper upon which my genuine signature appears, to Godfrey—I can't say I paid him the guinea to which that refers.
JOHN HOLMAN (Policeman C R 37). On 8th March I was called to Lord George Hamilton's house, and took Ashton into custody—Lord George Hamilton said in his presence that he should give him into custody for obtaining a guinea by false pretences—after we got out of the house Ashton said, "There is a man down here who gave me this parchment"—I let him walk on, and I walked by his side—he walked up to Godfrey, and said, "This is a pretty mess, Bill"—Godfrey said, "It's all right"—I told Godfrey I should take him into custody for being concerned—at the station Ashton said that Godfrey gave him the parchments, and Godfrey said another man gave them to him, but that he did not know the man—I have been to Tottenham and made inquiries, both at the boat-house and the public-houses—no such thing was ever known as an annual regatta or rowing match—I searched Godfrey at the station, and found on him a farthing and an ink-bottle—on Ashton I found 1l. 1s., and 2 1/4 d. in bronze—I asked Godfrey for his address—he said he had got no fixed residence, be lodged anywhere where he got the money to pay his lodging at night—Ashton gave his address as 5, Elliot Court, Old Bailey—that was correct.
EDWIN CRUSHA . I live in High Street, Tottenham, and am editor of the Tottenham and Edmonton Herald—I have been so seven years—I am well acquainted with what goes on in the neighbourhood of Tottenham—I never heard of any Tottenham Regatta or Rowing Match—there is no committee formed for that purpose.
JOSEPH NOAKES . I live at the Ferry Boathouse, at Tottenham, and have done so for the last eighteen years—I never heard of a Tottenham Regatta or Rowing Match—I know nothing of any committee being formed for the purpose of holding anything of the sort for the present year.
THOMAS HUGHES, ESQ., M.P . I am Member for Frome, and live at 80, Park Street, Westminster—I have never subscribed to any regatta called the Tottenham Annual Regatta or Rowing Match, or ever heard of such a thing—I know Godfrey by sight; he has come to me for subscriptions years ago—I know his face well—here is a name purporting to be mine on this list marked "A;" it is not my writing.
CHARLES HENRY MILLS; ESQ., M.P . I am Member for West Kent, and live at 15, Great Stanhope Street—I have never subscribed to the Tottenham Annual Regatta or Rowing Match fur 1870—I think this is my signature
to the list of 1869—I did not subscribe to any such thing as the reading represents—it is impossible to recollect what was the heading when I put my name there—there were a great many subscriptions that year—I know Godfrey, and have seen him on several occasions; he always came to me with one of these documents.
VISCOUNT ENFIELD, M.P . My name is on this list for 1870; but it is not my signature—I did not authorize anybody to sign it—I did not pay a guinea to the Tottenham Annual Rowing Match or Regatta this year—I have never heard of such a regatta.
WILLIAM HENRY SMITH, ESQ., M.P . The signature to this list of 1870 is not my writing—I did not authorize anyone to put it there—I did not pay anyone a guinea on behalf of that—I don't know the prisoners—I think I have seen one of them.
JOHN GILBERT TALBOT, ESQ., M.P . I am Member for West Kent, and live at 10, Great George Street, Westminster—I have never subscribed to the Tottenham Annual Rowing Match or Regatta—my name appears on the list for 1869—that was written by me—I can't tell to what regatta I subscribed in 1869; but I know I did not subscribe to the Tottenham Regatta—I had a good many of these documents brought to me when I was a candidate for West Kent, in 1868, and when I saw they did not belong to West Kent, I at once put them aside.
Ashton's Defence. The man alongside of me called on me on the Monday, I had very little to do. He asked me if I would do a job for him on the following Monday. I said I would. I met him, and he gave me the papers. I thought they were really genuine. I had not got them in my hand five minutes before I got to Lord George Hamilton's house. I left them there and went again in half-an-hour, and the policeman was ready for me. I was asked if I knew the committee. Godfrey told me he was one of the committee, and I believed what he told me.
Godfrey Defence. These papers I had of a man named Charles Brown; he asked me to go for the subscriptions. I said I could not. He asked me if I knew anyone that would go, and I thought of this man. I have not seen the man since.
GUILTY .— Twelve Months' Imprisonment each.
EDWARDS PLEADED GUILTY — Twelve Months' Imprisonment.
MR. BESLEY, for the Prosecution, offered no evidence against
COLE— NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ELLEN MARSHALL . I am the wife of Albert Marshall, and live at 8, High Street, Whitechapel—on the night of 12th March, about 10.45, I was in the High Street—the prisoner came in front of me and caught hold of my throat—he then pulled my watch out of my pocket—he broke it away from the chain, and ran down Half Moon Passage with it—as he was going down Half Moon Passage another man followed him, about the same size—the prisoner was the man who assaulted me—he pressed my throat very much—my watch was worth about 5l.—I followed the prisoner till he was stopped by a constable—I did not lose sight of him; I was close behind him.
Cross-examined. Q. Was it dark? A. He was right against the light of Mr. Hawkins' shop—when he ran away I could see him all the way he went—I had never seen him before.
JOSEPH MARRIOTT (Policeman H 176). I was on duty in Great, Alie Street on this night—I saw the prisoner and the last witness together in Half Moon Passage—she had hold of him, and called out "Stop him, he has got my watch"—he ran away; I ran after him into Duncan Street, and then into High Street, when he was stopped by another constable—I never lost sight of him—there was another man running with the prisoner, about the same size; he turned to the right, and got away.
Cross-examined. Q. Was the other roan before him? A. No, they were both together, as near abreast as possible, in Duncan Street—I ran about 300 yards from the time I saw him in the passage till I took him into custody—he turned about four corners—I have not apprehended the other man—the prisoner, the other man, and the prosecutrix were the only persons in the passage—I did not know the prisoner by sight before.
SAMUEL RICHARDSON (Policeman H 48). I was on duty in Whitechapel, and saw the prisoner running, followed by a mob of persons, crying "Stop thief!"—I made towards him and apprehended him—he came at me like a little horse, as hard as he could—I fell—I got up again and held him—the other constable and the prosecutrix came up at the same time—he was charged with stealing the watch, and he said he did not do it and he knew nothing about it.
He also PLEADED GUILTY to having been before convicted in October, 1868**— Seven Years' Penal Servitude.
MR. HARRIS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
FRANK SANSOME . I keep a beer-house at 15, Great Prescott Street, Whitechapel—I knew the prisoner as a customer on and off for about three or four years—he represented himself as a seaman—about three weeks ago he came to my place and said, "I have got a ship at last"—I said I was very glad to hear it—he went away and came again, in the course of a week, and said he had been at work on board the ship; he said, "I generally have got my friends to do a little business with me in the shape of advancing money on notes; they have gone into the country, could you oblige me with some money on this advance note?"—I said I would rather not; but afterwards, believing him to be a respectable man, I said I would chance it, and I gave him 30s. on the note—I said, "It is not usual for me to do these things, is it a genuine note?"—he said, "Yes, you may depend upon that"—he wrote his name on the back of the note, and said I was to apply to the agents mentioned in it for the money—I advanced him the money—I afterwards went to 7, East India Avenue, to the agents mentioned, and they refused payment—I have never got my money.
Cross-examined. Q. Did you know where the prisoner was lodging? A. I went to the address he gave, and they did not know anything of him—he said he was going away on board the Elgin—I went to the agents on 5th February, about a fortnight after I paid him the money—they told me they were not the agents of the ship.
MR. HARRIS. Q. Did the prisoner go in the Elgin? A. No—they did not know anything about him at the shipping-office.
FREDERICK WOOD . I live at 71, Camberwell New Road, and am a clerk in the Merchant Marine Office, Hammond Street, Minories—I don't know Robert Healy, the master of the ship Elgin—Amos D. Healy is the master of the Elgin—the signature to this advance note has no resemblance to Mr. Healy's signature—the Elgin sailed about the latter part of January—I have not seen the prisoner before to my knowledge—I have a duplicate of the ship's articles—that contains the signatures of the crew of the Elgin—I was present when the crew was shipped—I saw them go on board—I saw all the men write their signatures on this paper—the prisoner was not one of them—these advance notes can be purchased for 2d. by anybody—the notes to the Elgin would be delivered at our office—advance notes were given to all the men who signed this paper for it.
Cross-examined. Q. You can't take on yourself to swear that is not Captain Healy's writing? A. It is not his Christian name—I merely swear it does not resemble his signature—the advance notes are given after the crew have signed—it is part of the agreement—a substitute may be shipped on board the vessel without going to the office, but the general course is to engage them at the office.
MR. HARRIS. Q. How many of the crew were there? A. Ten all told, and there appears to have been two substitutes on board at Gravesend—I did not see them on board.
FREDERICK COOPER . I live at 31, Crutched Friars, and am clerk to the agents of the Elgin, Messrs. Newman & Baker—Captain Healy was the master—I know his handwriting—this signature is not in his hand-writing—this is not a genuine note.
EDWARD WADLEY . I live at 8, Lacy Street, Bow, and am clerk to Messrs. Bond & Mackelvie, 7, East India Avenue—this advance note is made payable at our place—we were not the agents for the Elgin—I know nothing about that note, and I do not know the prisoner.
WILLIAM BUTLER (Policeman K 427.) I took the prisoner into custody on another charge—I charged him with obtaining money by false pretences—he said he could not help missing the ship—I did not say anything about the advance note.
GUILTY — Eighteen Months' Imprisonment.
NEW COURT.—Monday, April 4th, 1870.
Before Mr. Common Serjeant.
PLEADED GUILTY .
CHANDLER was further charged with having been before convicted, to which he also
PLEADED GUILTY— Five Years' Penal Servitude.
KNIGHT was further charged with having been before convicted.
HENRY WEBB (City Policeman 492). I produce a certificate (Read: "Central Criminal Court, John Wilson, convicted of uttering counterfeit coin in June, 1869, Six Months' Imprisonment")—I was present at the trial—Knight is the person—I had him in custody.
GUILTY— Five Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
WOODWARD TIPPLE . I keep the Rose and Crown, 13, Mare Street—on 19th March the prisoners were both there during the day, and about 5 o'clock, Smith came in for a pint of ale, which came to 2d.—she gave me a florin, and I gave her 1s. 10d.—she drank the ale in a hurry and went but immediately, which aroused my suspicion—I had put the florin in the till, where there were only two sixpences—I found it was bad, and told my man to bring Smith back, which he did, and I said, "Mistress, you have given me a bad two-shilling piece; I want my change back"—she gave me the 1s. 10d. and a penny, saying that that was all she had—she asked me to give her the florin back, but I would not—it bent easily—I let her go, and the same night I saw her at the station and gave the florin to a constable—Deffee was there when Smith was brought back.
HENRY DEFFEE . I a ma cabinet maker—I followed Smith into the house when she was brought back, and saw the florin bent—when she left I followed her up Bear Street, and saw the prisoner Rogers about a quarter of a mile from Mr. Tipple's, looking across the road towards Smith—they both went along on opposite sides of the street—Smith then crossed over to him, and they both went down Wells Street—I lost sight of them, but saw them afterwards turning down St. Thomas's Place—I lost sight of them again, and saw them again standing in Lime Grove, talking, and I fancy something passed from one to the other—they came up Lime Grove and passed a van, where I told Rogers to stop, as somebody wanted to speak to him—he turned to run away—I caught hold of him, and he began punching me, and kept doing so till a policeman came—I then took Smith, and told her she had been passing a bad florin to Mr. Tipple—I struggled with Rogers between the van and the pavement.
JOHN BLACKWELL (Policeman N 173). I was on duty in Mare Street—Deffee pointed out Smith to me as she came out—I followed her—the prioners went down various streets together, and I went up and saw them together in Lime Grove—I ran up when Deffee stopped her—another constable took Rogers, and I took Smith—Tipple handed me this bad florin at the station.
HENRY STEMENS (Policeman N R 40). I took Rogers, and saw Deffee take hold of Smith, who had been standing behind the van, close to the wheel—Rogers said that he knew nothing of the woman—she was asking him the way somewhere—we met Hewitt, and I told him, in the prisoners' presence, to look round by the van and he would find something thrown away under the van—I found on Rogers a shilling and three halfpence, a pawn ticket, and a tobacco box—Hewitt afterwards showed me the place, near the tail of the van, where he picked up a glove—that was close to where I had seen Smith standing—he handed me the glove, which contained a bad florin and five bad shillings.
Rogers' Defence. I met this woman and spoke to her, and up came this chap and laid bold of my collar, and the policeman took me. There was no scuffling; my master came to the station and gave me a character.
Smith's Defense. I was drawed into it innocent enough, this man gave me the 5 1/2 d., I had not got it when I went back to Mr. Tipples.
ROGERS— NOT GUILTY —
SMITH— GUILTY . She was further charged with a former conviction, of a like offence, at this Court, in May, 1860, in the same of Mary Wood, to which she
PLEADED GUILTY**— Five Years' Penal Servitude.
MR. CRAUFURD offered no evidence.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
JOHN JACKSON . I am a warehouseman, of 43, Newgate Street—my father keeps the Guilford Arms, Guilford Street, Russell Square—on February, about 4 o'clock, p.m., I was assisting him in his bar, and served Clifford with 1 1/2 d. worth of rum—she tendered a bad shilling, I bent it and returned it to her—she appeared surprised and said that she had taken it a few doors off at Lansdowne Place—she went out one way, and I the other; I met her in Brunswick Square, when Tanner joined her; they were together a very short time, they separated, and one followed the other—I followed them to St. Pancras Church, but they joined before that and walked to Euston Square—I told Clifford I wanted her for passing bad money; she was very indignant, and I gave them both in custody—I saw Tanner's hand going towards the railings, the constable stopped her and took from her left band eight bad shillings, with paper between each—I had bent the shilling tendered to me, I gave it back to Clifford—I saw it again at the station.
JOHN TROUT (Policeman S 237). Jackson gave Clifford into my custody, she was told the charge but made no reply—Tanner, who was about four steps off, asked Clifford what was the matter—I took eight bad shillings from one of Tanner's hands, and 10 1/2 d. in copper from the other—she tried to shove them down some railings—at the station I received a bad shilling from the female searcher, which Mr. Jackson identified.
Tanner's Defence. I found the money, nine shillings, in Lansdowne Place, wrapped up in a piece of stuff. I did not know whether they were good or bad, and told Clifford to go into a public-house and see. She rought back a bent shilling.
Clifford's Defence. Tanner has stated the truth.
GUILTY — Nine Months' Imprisonment each.
MR. CRAUFURD conducted the Prosecution.
came to 3d.—he tendered a florin from his pocket, and I noticed two pieces of silver and a penny in his hand—I sounded the florin on the counter, and Mr. Palmer took it up and bent it—I told the prisoner it was bad and threw it on the counter again—the prisoner took it up, and said he had no more money and could not take the cheese—he left with the bad florin.
Prisoner. I was not near the shop. Witness. I am sure you are the man—I picked you out from several others on the Wednesday following—the policeman did not point you out.
BENJAMIN PALMER . I saw the prisoner in my shop—I bent the florin—Holt gave it back to him, and he left—I followed him, as Holt said he had other money—a companion joined him in Great College Street, and the prisoner went into the Murray Arms, about a mile from my place—directly he came out I went in, and the barmaid showed me a bad florin—I sent for a policeman, and then went after the prisoner and brought him back, and he was given in custody.
FANNY GILL . I am barmaid at the Murray Arms—about 1.30 the prisoner came in for a glass of ale, and gave me a florin—I gave him 1s. 6d. in silver and 4 1/2 d. in copper—he drank the ale and left—he was about five minutes at the bar—I put the florin in the till—there was only 1s. 6d. there—as soon as he left Mr. Palmer came in—I looked in the till and found the florin was bad—there was still no other silver there but the 1s. 6d.—I gave the florin to a policeman at the station.
Prisoner. Q. While I drank my ale and smoked my pipe, did not you sell a bottle of Old Tom? A. Perhaps I did, but no bottle money is placed in the till—I had cleared the till out five minutes before.
Prisoner's Defence. I was not near Mr. Palmer's shop on 14th March, nor within forty yards of the end of the street. I changed a florin at the Murray Arms, but I believed it was good.
GUILTY — Twelve Months' Imprisonment.
MESSRS. CRAUFURD and BROMBY' conducted the Prosecution.
EMMA MORTLOCK . My husband is a hosier, at 107, Hackney Road—on Friday evening, 8th March, between 7 and 8 o'clock, I served the prisoner with two paper collars, value 2d.—he gave me one shilling—I gave him the change, and as soon as he left I gave it to my husband, who found it was bad—next day the prisoner came again for a dozen collars the same as I showed him last night—I called my husband and left him to deal with the prisoner.
Prisoner. Q. Will you swear you did not put the shilling in the till? A. I will.
CHARLES FREDERICK MORTLOCK . On 18th March my wife gave me this bad shilling—I went out, but could not find the prisoner—next afternoon he came again—my wife whispered to me, and I served him with some collan, which came to 6 1/2 d.—he gave me a florin—I laid the shilling down before him, and said "You were here last night, and passed this bad shilling on my wife"—he said, "I did not know it was bad; if I had a good shilling I would give it to you for it"—not having a detector I took the florin to a neighbour, and found that it bent—the prisoner followed me there, and I gave him in charge, with the florin and shilling.
Prisoner's Defence. I did not know the coins were bad. I waited till the policeman came.
GUILTY — Nine Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
GEORGE JAQUES . I am a china and glass dealer, of 19, Skinner Street, Somers Town—the prisoner has done odd jobs for me, and knew that I kept my money in a small tin box in a cupboard in my bedroom—on Sunday night, 27th February, the prisoner came up to mo at the corner of Seymour Street, Euston Road, and asked me if I was satisfied that he had not stolen the gas-fittings which had been taken out of the shop, and asked me to let him have a pennyworth of tobacco—I said, "If you want tobacco you had better pay for it"—he said that he had no money—about two hours afterwards I went home, and found my cupboard open, and my money gone—someone had climbed up the shutters, got on the fascia, and gone in at the window—the window was shut at 11 o'clock, and my money, five half-soveeigns, was safe.
THOMAS MANSTLL . I live in Dean's Place, and know the prisoner—we were drinking together at a public-house on Sunday night, 27th February, about 9 o'clock, and got out of temper with each other—he pulled two and a-half sovereigns and a florin out of his pocket, and put them on the counter—Miss Moore took them up, and told him to put them into his pocket again.
SARAH JIGGINS . I have been keeping company with the prisoner—on Sunday night, 27th February, he gave me a half-sovereign, and asked me to get his coat out of pawn—we had a little dispute about it, and I gave it back to him—I saw him put a half-sovereign on the counter.
CHARLOTTE MAW . I live at the Somers Arms, Ossulston Street, Somers Town—on Sunday night, 27th February, between 8 and 9 o'clock, I saw two half-sovereigns and some silver in his possession—he put them on the counter, and I picked them up, and told him to put them in his pocket.
CATHERINE JAQUES . I am the prosecutor's daughter—on the night of 26th of February I was left in charge of the house—I went to sleep, and woke up and went to bed about 3 o'clock on Sunday morning—when I went into the bedroom I saw the window open, and marks as if two knees had been on the sill, trying to get in at the window, which was shut before; it is never open—I went to my father's bedroom, and saw his cupboard open—I told my father when he came home.
RICHARD SHERWOOD (Detective Officer Y). On Wednesday I tapped the prisoner on the shoulder, within fifteen yards of where he lived, and said "I want to speak to you"—he said "All right"—I said "I suppose you know what it is for?"—he said "Well, I have heard something about it; it is Jaques' affair, is if not?"—I said "Yes"—he said "I know nothing about it"—I said "How do you account for the money you had in the public-house on Sunday?"—he said "I never had any money"—I took him to the prosecutor, and he was locked up.
Prisoner's Defence. I did not get into his place. I did not know where he kept his money, and did not have the money. I am innocent.
GUILTY — Twelve Months' Imprisonment.
OLD COURT.—Tuesday, April 5th, 1870.
Before Mr. Recorder.
MR. GRIFFITHS conducted the Prosecution.
WILLIAM ROSS . I am a licensed victualler, and live at 1, Great Mitchell Street, St. Luke's—about 10 o'clock on the evening of 30th March, I was in Milton Street—the prisoner came up and shook hands with me—I thought at first that I knew him, and I shook hands with him freely—there were a great many persons about—in fact, there was a lodge meeting, and I am giving two pots of beer to the band which was playing in the street—the prisoner came up to me a second time, and asked me for beer—I said "Don't bother me while I am busily engaged with other parties"—he came up again—I pushed him back, and went on the step of the door of the public-house, and he came up and gave me a kick; with that I struck him on the head with my stick, and at that moment he put his hand and got my Albert chain, with a glass instead of a watch attached to it—the snatch broke the chain, and part of it stuck in my waistcoat—I value it at about 3l.—it had a coin attached to it, which had been made a present to me—the prisoner got part of the chain and ran away with it, after I struck him—a witness pursued him.
Prisoner. Q. Did I strike you before you struck me? A. You kicked me first.
JOHN CARLISLE . I am a waterman, and live at 20, Middle Street, Cloth Fair—on the evening of 30th March I was standing at the public-house door, next to Brother Ross—up came the prisoner, and said "Ain't you going to stand some beer?" and made a snatch at his guardchain—he did not succeed in getting it the first time—he pushed Brother Ross inside the house—he said, "What did you do that for?"—there were two of his compinions behind him—he made a second grasp, and stole something from his pocket—I did not know what it was—he passed it to one of the other men in a flannel jacket—he dropped it in the gutter—Ross said to the prisoner, "What did you do that for?"—the prisoner deliberately up with his foot and kicked him in the lower part of his person—the congregation was so great on account of the band playing, and these vagabonds hail it all their own way—the three men ran up a narrow dark passage—I pursued them—one of them tried to snatch my medal I had on my breast, but I knocked him somewhere; I don't know where—I met an officer, and said "Stop him, governor," and he did.
Prisoner. Q. Do you say you saw me snatch the chain? A. I saw you snatch it away from Brother Ross, and pass it to the man in the flannel jacket, and another with a little billycock hat and a short jacket.
WILLIAM FARROW (Policeman G 248). About 10 o'clock on the night of 30th March I saw the prisoner running—I heard a cry of "Stop thief!"—last witness was close behind him—I caught him, and took him back to the prosecutor—he was charged with stealing the chain and a gold coin—he said he did not do it.
Prisoner's Defence. I know nothing about the chain. The prosecutor struck me, and I struck him; but as for taking the chain, I never touched it.
GUILTY — Eight Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. THORNE COLE the Defence.
ANN HOLLAMBY . I am the wife of Alfred Hollamby, a bricklayer, of 18, Wargrave Road, Earl's Court, Kensington—about 4.30 on the afternoon of 28th December I was in Wright's Lane, Kensington—I had 9s. 6d. in my hand, and four oranges and six eggs in a paper bag in my arm—the prisoner came up to me and asked what I had got—I said that had nothing to do with him—he went to take my money, and I struggled—with that he up with his fist and struck me across the face and gave me two black eyes, and my nose bled a little for two or three days afterwards—he took my money and went away—I don't know what became of him—I went and gave information to the police—I gave a description of the man—I had not been drinking—when he struck me I became unconscious from the blow, and they tried to persuade me I had been drinking—I saw the prisoner in custody at the station-house—about five weeks ago he was placed with others—I picked him out directly; he has a cast in his right eye—I am tore he is the man.
Cross-examined. Q. Where had you been on this day? A. I had been to Mr. Chapman's pawnshop, and pledged a pair of trowsers for 7s. and a skirt and chemise for half-a-crown, and I had that money in my hand at the time—I had not been spending any in a public-house—I had not been drinking at all day—I did not accuse anyone else of taking my money—I was called up at 12 o'clock one night to go and see a young man, who had a scar on his left eye—he was very like the prisoner, but I am sure the prisoner is the man—it is not true that I was intoxicated, and that the prisoner was taking me home.
GEORGE ALFRED SMALLBONES . I live at 17, Blythfield Street, Kenrington—on the evening of 28th December I saw the prosecutrix in Wright's Lane—I saw the prisoner come out by the workhouse; he took the woman down the lane, and took the money away from her, and struck her on the eye; he also took from her four oranges and some eggs—I was about ten yards away from him—I saw some silver in his hand—she tried to prevent his taking it—he afterwards went into the Devonshire Arms along with a woman, and gave her some beer, and he was eating the oranges—he then came out again, walked a little way, and then began to run—I and the woman he gave the beer to went after him; we could not catch him—the prosecutrix was quite sober—I am sure the prisoner is the man.
Cross-examined. Q. There were other little boys there at the time, were there not? A. There were some more boys—they are not here—I did not hear anyone say that a boy had run down the street with the money.
ELIZA LEWIS . I live at 19, Wargrave Street, Kensington, next door to the prosecutrix—about 4.45, on the evening of 28th December, I was passing the Devonshire Arms—I had an appointment to meet my young man near there, and I saw the prisoner running, and a little girl after him—I saw the prosecutrix afterwards, and her eyes were very much bruised, and her nose was bleeding; she had an awful black eye—she was quite sober.
JAMES DALEY (Policeman T). In consequence of information, and a description which I received from the prosecutrix, I apprehended the prisoner on and March—I told him I wanted him for robbing and assaulting a woman in
Wright's Lane—he said, "All right, I will go with you; I heard I was wanted, and I went to the station the other evening and saw Sergeant No. 2, and he said he did not know anything about me"—that was not true; I knew where he lived, and had been after him several times, but could not find him—I placed him in the yard with other men; amongst them was a man I had brought in before, from the description the prosecutrix gave me, and who had something the matter with his eye; the prosecutrix had some difficulty at first in identifying the prisoner, for he put his hand over his eye; I then took her into the hall, and marched the men out one by one; he came out third, and she said, "That is the man"—she said the other man was very like him, only stouter.
GUILTY **— Five Years' Penal Servitude, and Twenty Strokes with the Cat
NEW COURT.—Tuesday, April 6th, 1870.
Before Mr. Common Serjeant.
322. ARTHUR DE CISSY (35) , PLEADED GUILTY to two indictments for unlawfully obtaining by false pretences twelve funs, and two chasubles with intent to defraud.— Five Years' Penal Servitude.There were other indictments against the prisoner.
RAWLINGS PLEADED GUILTY — Eighteen Months' Imprisonment.
MR. LANGFORD conducted the Prosecution; and MR. KELLY the Defence.
FRANCIS ROWLAND FOSTER, LIEUT. COL . I reside at Dublin Castle—on Wednesday, 9th March, I was at the Liverpool races, and lost my watch, valued 30l.—it then had a ring, which was attached to a chain, I saw it again last Saturday—this is it (produced).
RICHARD KENWOOD (Police Sergeant G). On Saturday, March 12, about 2 o'clock I was with Miller, in Sutton Street, Clerkenwell, and saw the two prisoners entering Mr. Reed's, the refiner's shop, No 34; we went in almost directly after them, and I saw Rawlings give Mr. Reed this melted pin—Mr. Reed said, "This property won't do for me," and put it down on the counter; Bannister picked it up, and Rawlings said "If it is saved we shall lose our money by it"—that means "If it is bad"—they had observed me, and they both knew me—they left the shop and went through Sutton Street, into St. John Street and Albermarle Street, where they commenced running, seeing us following them—we ran after them, I took Rawlings, and took this pin from him; I had seen Bannister pass it to him outside Mr. Reed's door—I searched him at the station, and found three gold watches on him, with all the bows broken off, a brass pin, another watch, and 2l. 4s. 8d. in money, and a pocket book—the prosecutor's watch is one of them.
Cross-examined. Q. Did you find any watches ou Bannister? A. No—I mentioned before the Magistrate, that I saw Bannister pass the pin to Rawlings, but I cannot remember whether that was read to me in my deposition.
WILLIAM MILLER . On 12th March, I was with Kenwood, we followed the prisoners into Mr. Reed's shop, and I saw Rawlings put a pin on the counter; Mr. Reed, who knew me very well, said "This will not do"—Bannister saw
"Is it sayed—Reed said "It will not do for me"—Rawlings said "If it is sayed we have lost our money by it"—Bannister took the pin up and they both went out of the shop—we followed them to Albemarle Street, where they took to running—I followed Bannister and took him in a beer-shop, be no all the way—I said that I should take him in custody for being concerned with another man in having a gold pin in his possession—he said "I know nothing of the other man, you never saw me before"—I said "I saw you go into a refiner's shop and take a gold pin up"—he said, at the station "I am very sorry I had anything to do with it; a tall man outside, who you must have seen, promised to give us 1l. if we would sell the things for him"—I said "I saw no tall man near you"—he said "I wish I had never seen him."
Cross-examined. Q. Did you state before the Magistrate that it was Rawlings who said that? A. No, it was Bannister.
BANNISTER— NOT GUILTY .
MR. MOODY conducted the Prosecution; MR. LANGFORD appeared for Hurley, and MR. HARRIS for Brian.
ARTHUR SIDNEY BUDGET . I am a surgeon, of 2, Back Church Lane, St. George's in the East, assisting my father—on 15th March, about 12.30, I was returning home through Ship Alley into Wellclose Square, which is about 100 yards from where I reside—I had just turned out of Ship Alley when I was suddenly seized by the throat from behind—I turned partially round, and saw the prisoner Hurley holding me by the throat—I tried to get away, but was tripped up, and fell on my face—I was held there by my throat; he never relaxed his grasp; and I felt a man's hand in my trowsers-pocket, where I had a 5l. note in which three sovereigns were wrapped; I also had 16s. in silver, and some coppers, in the same pocket—the hand was withdrawn, and I became partially insensible from the pressure, but when it was withdrawn I got up and ran after one man who ran away—it was neither of the prisoners—there were six or seven altogether—I was then hit and seized again, and knocked down, and I then lost my senses completely from pressure on my throat; and when I recovered I found I had lost my coat, waistcoat, boots, and the contents of my trowsers pockets—my lip was cut, and I felt very severe pain in my throat, and partial stupor, and I have still the greatest possible difficulty in swallowing solid food—I had a severe cut on my lower lip, and a bruise on my right temple—I did not thoroughly recover myself till twenty minutes after I got home, from the pressure on my brain—I went to, the station the next afternoon, Tuesday, and described Hurley as well as I cow, and on Thursday night I saw him, with many others, at the station, and picked him out—my impression is that Brian is one of them, but I will not swear to him—I value my stolen clothes at 6l.—I have not seen them since—I was perfectly sober.
Cross-examined by MR. HARRIS. Q. You are inclined to think Brian was there? A. Yes—I will not swear to anyone but Hurley, but if I form an opinion I think Brian was one of them—I picked out another man; I was wrong in my belief—I heard a woman say, "Leave him alone!" or "What a shame!"
Cross-examined by MR. LANGFORD. Q. How far were you from Ship
Alley? A. 120 or 130 yards—it was very muddy and wet—I had to go home without my boots—it was about 12.30 when I turned from Ship Alley into Wellclose Square, and it was about 1.10 when I got home—I had noticed the clock, because I had some letters to post at the pillar—there was a light at the corner, but it was rather a dark place—I did not slip—Hurley held me so that I could only partially turn round.
ELIZA BALLARD . I am an unfortunate girl—on Tuesday morning, 15th March, I was with Fitzpatrick and another girl, in Ship Alley, and saw Dr. Budget pass along Ship Alley, and the two prisoners and two other men behind him—when he got into the square he happened to slip off the kerb and the four men pretended to pick him up, but they were picking his pockets—I saw the money fall out of his pocket in the road, and saw Brian pick it up and put it in his pocket—they caught him by the throat and threw him down several times, and I said "What a shame, do not knock the man down like that!"—Brian then turned round, and was going to strike me, but I got out of the way—there was no policeman near—I said that I would fetch a policeman—Dr. Budget got up and was followed by these two prisoners—I then left them and saw no more—the other two men went away after the first attack—I saw Brian nit night at the corner of Peach Street, and said "I will give you in charge"—he tried to strike me, and I fetched a policeman and gave him in charge—I knew both the prisoners by sight, but not by name—Dr. Budget seemed sober to me—he was about as far from me as I am from you, when I saw him trip off the pavement.
Cross-examined by MR. HARRIS. Q. Did Mr. Budget fall down before he was touched? A. Yes; he slipped off the kerb, and fell on his hands and knees—I was behind him when he fell—I had not been talking to him or soliciting him—the four men all fell upon him, and then two of them went away—Brian offered to hit me, both on the night of the robbery and the night afterwards—I did not speak to him on the night of the robbery, but I called out "What a shame"—if I said before the Magistrate "Brian offered to strike me; it was not the same night as the robbery," I made a mistake—it is no mistake about Dr. Budget falling down before anybody touched him; he slipped off the kerb—I had seen Brian before, up and down the Highway, but never spoke to him before, and did not know his name—I only saw him two or three nights before—I should know the other two men if I saw them—I did not go for a policeman the first night, because I did not want to have anything to do with it—I spoke to him on the second night, and said "I will give you in charge"—a policeman was coming down Ship Alley—I was only two minutes going to him, and when I came back Brian was still there—he offered to strike me before I fetched the policeman—I know all four men by sight only, but I had seen them several times before—I knew them all as well as one another, because they are always together—I picked out another man at the station who looked very much like him, but I was wrong—on the Thursday before I gave Brian in custody, the police came to me and asked if I knew anything of the robbery—I said "Yes"—the prosecutor ran after one of the other two, a little fellow, who ran up a yard—I followed a little way to see where they went—there were some carts there, and I suppose they went behind them—I told the Magistrate that he ran up the yard and hid—I did not know where he was hiding—I did not speak to the prosecutor when he came back—I do not know whether he was stripped of his clothes—when they put their hands in his pockets a piece of paper fell out—he had not lost his
clothes when I saw him following the little man—they knocked him down three times—he was on the ground about two minutes.
Cross-examined by MR. LANGFORD. Q. You said before the Magistrate "He was followed by Brian and four others." A. No, there were only four—I did not say "I think Hurley was one"—I am positive he was one.
MR. MOODY. Q. Did you see money roll out of Dr. Budget's pockets? A. No; only a piece of paper—before that I had seen Brian's hand in his pocket.
MARY ANN FITEPATRICK . I live at 88, St. George's Street—on Tuesday night I was with Billiard, standing at the corner of Ship Alley—Dr. Budget came up, and the two prisoners and two other men after him—when he got to Wellclose Square he fell, and they went to pick him up—Hurley put his hand in his pocket, and a small white paper came out of it, which Brian picked up, but what it was I cannot say—I do not know what he did with it—the paper fell out of Dr. Budget's pocket as they picked him up—he then stood up, and went up to the top of the square—the prisoners followed him, but I did not see what happened, I saw nothing of the closeone of the chaps who is not here had gone up there before that, and he caught Dr. Budget by the neck, and he fell again—that man went into the court, and I did not see what passed afterwards.
Cross-examined by MR. HARRIS. Q. Did you speak to Mr. Budget? A. No; none of us spoke to him—I followed him up to see if he got home all right—I was frightened to stop there any longer, because there were no policemen about the place—I followed the prosecutor to protect him—I halloaed out, and the little prisoner said he would hit me if I did not mind my own business—a policeman came to me indoors—I have not the slightest idea how he came to know that I knew anything about the robbery—I do not know why they picked me out—I never had any of the money.
JOHN STEPHENS (Policeman H 137). I took Hurley on Thursday night, 17th March, and a man named Howard, who was not identified—I told Hurley the charge, he made no reply—I handed him over to Foster, and I took Howard—I placed them with eight others, and sent for the two last witnesses, who identified Hurley separately, and also Brian, who had been taken to the station by Foster—Mr. Budget identified Hurley, but none of them spoke to Howard.
Cross-examined by MR. HARRIS. Q. If any prostitute in the neighbourhood had identified the other man, would he have been placed here for trial? A. If there was any evidence to substantiate the charge against him.
Cross-examined by MR. LANGFORD. Q. Did you tell the Magistrate that Hurley said that he knew nothing at all about it? A. I think I did.
GEORGE FOSTER (Detective H). I was with Stephens; he handed Hurley to me—I said "You will have to go to Leman Street Station with me"—he said, "Let me walk," and I let go of him—I took him to the station, and then went to St. George's Street and saw Brian—I told him he would have to go to the station, on a charge of being concerned with others in assaulting and robbing Mr. Budget, in Wellclose Square, on the morning of the loth—he said, "I know nothing about it, the women done it themselves and want to blame it to me"—he was placed among others, and identified hy the two witnesses.
Cross-examined by MR. HARRIS. Q. The two witnesses being these two prostitutes? A. Yes—I went to Ballard—she is not a notorious prostitute, that I am aware of—I never heard that she was a prostitute till I made inquiries
where she was lodging—I may have met her in the streets—I was instructed to make inquiries of the prostitutes, because they are generally about the streets at that time—I went to several, and one of them, Elizabeth Smith gave me information that these girls had witnessed the robbery—she was the last person I went to.
Hurley's Statement before the Magistrate: "I can call witnesses, but they are not present."
HURLEY was further charged with having been before convicted.
GEOROR BENNETT (Thames Police Inspector). I produce a certificate (Read: "Clerkenwell Sessions, May, 1869, George Wilton convicted of stealing cloths on a vessel. Four months' imprisonment")—I was present, and had charge of the case—Hurley is the man.
GUILTY— Seven Years' Penal Servitude, and Twenty-five Strokes with the Cat.
BRIAN was further charged with having been before convicted at this Court, in April, 1864, in the name of Andrew Curley, sentence seven years' penal servitude, to which he
PLEADED GUILTY**— Ten Years' Penal Servitude, and Twenty-five Strokes with the Cat.
THIRD COURT.—Tuesday, April 5th, 1870.
Before, Robert Malcolm Kerr, Esq.
MR. BRINDLEY conducted the Prosecution; MR. RIBTON defended Buck, and MR. MONTAGU WILLIAMS defended Kingston.
ARCHIBALD BARLOW . I am a weaver, and live at 9 1/2, Hope Street—on 22nd February, about 1.50 in the day, I was in Spicer Street, coming along to Brick Lane—something seemed to pass my face and made me feel giddy—I was then met by the prisoner and two others—I was pushed against the wall, and I saw Kingston's hand go to my pocket—he took my watch and chain—I was held down by the other two, and was nearly strangled—I can't say that Buck was one of the two men that held me—my watch was worth about 7l.—my senses were nearly gone, and how I received the cut on my eye I can't say.
Cross-examined by MR. M. WILLIAMS. Q. Where were you coming from? A. From the City of Canterbury public-house, Preston Street, not five minutes' walk from where I was attacked—I had had two or three drops of gin—I was a little the worse for drink, but I was not insensible.
ANDRIW BOTT . I live at 2, Fleet Street—I saw the prisoner and two other men—Buck had Mr. Barlow up against the wall, and his hands over his mouth—Kingston made a snatch at Mr. Barlow's watch, and undid his chain—they then stepped backwards into the road, and ran away—I afterwards saw Kingston at the station—he was placed with other men, and I picked him out—Buck was afterwards placed with other men, and I picked him out—he said if it was twenty years to come he would pay me out.
Cross-examined by MR. M. WILLIAMS. Q. Where had you been? A. I had been home to dinner, and was returning to work—the prosecutor was
the worse for liquor—Kingston was placed amongst twelve others—they were not policemen, at least they were in plain clothes—some were very shabbily dressed.
Cross-examined by MR. RIBTON. Q. Did you know Buck before? A. No—I thought they were doing something wrong, and I went for a policeman, when they ran away—I could not find one—I ran after one of the men—he got away—t went to the station with Mr. Barlow on the day the robbery happened, and they took down my name, and where I worked—a policeman afterwards came for me, and I was taken to see if I could identify anyone, and I identified Kingston first and Buck a week tfter.
Cross-examined by MR. RIBTON. Q. Did not he say he was not the man? A. Yes, most of them do that.
BUCK was further charged with having been before convicted in August, 1869, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude, and Twenty-five lashes with the Cat. KINGSTON— Twelve Months' Imprisonment, and Twenty Lashes with the Cat.
MR. COLE conducted the Prosecution, and MR. STRAIGHT defended Thomas.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosenttion; and MR. BRINDLEY the Defence.
HENRY MARTIN (Policeman 281 M). I was called to the prosecutor's house, and saw the prisoner there—the prosecutor said the prisoner had been annoying him at his doorway—I told the prisoner he should not come there annoying the man, if he did he would be given into custody—I asked the prosecutor if he knew the prisoner, and he said he did very well—after the prisoner had gone away, some marks were found on the door—they were scratches—they looked as if they had been done with the end of a key, or something like that.
MR. GRIFFITHS stated that that was all the evidence of the burglary. The COURT considered that there was no cote to go to the Jury.
NOT GUILTY .
MR. HARRIS, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. HARRIS conducted the Prosecution; MR. WILLIS defended O'Keefe; and MR. MONTAGU WILLIAMS defended Lee and Howe.
on Sunday evening, 6th March, I was going into the Mother Shipton public-house, with George Prince, about 10.30—I know the prisoners by seeing them standing about there—as I opened the public-house door O'Keefe struck me in the mouth, and knocked me backwards—I got up, and was knocked down again by Lee—Lee and Howe then fell on me, and knocked me about while I was on the ground—they lugged my coat off, and I lost my hat as well—I got up at last, and ran up the road—O'Keefe ran after me—I stopped and gave him in charge—the others came to the station.
Cross-examined by MR. WILLIS. Q. Where had you been spending this Sunday evening? A. We had been down Camden Town for a walk, and had been to a beer-shop at the corner of Grafton Street—Prince was with me; no one else—there was no woman with us—I don't know a person named Shaw—I don't know that her husband was there—I was not the worse for liquor—we were not talking to a woman in the public-house, and we did not follow her to the Mother Shipton—I did not see a woman in the Mother Shipton—I did not ask her to come outside—the moment I opened the public-house door O'Keefe struck me—he was standing close to the door—I did not fall against him and upset his ale, and he did not turn round and ask me why I did it—he did not ask me to go away and leave the woman alone—I had had three pints of beer that night with Prince—I did not strike O'Keefe a blow in the face—I swear that—I did not take my coat off and challenge him to fight—I did not give my coat to a little girl—I have not got my coat back—I did not see O'Keefe with his coat off—I did not square up to him and run away after he had struck me two or three blows—I was on the ground, and I got up and ran away—I was sober at that time.
Cross-examined by MR. M. WILLIAMS. Q. How long had you been drinking the three pints of beer? A. From about 8 o'clock—I was quite sober—I did not fall down before I was struck.
MR. HARRIS. Q. You never went into the Shipton at all? A. No; as I was going in they came out and struck me—there was no provocation whatever.
GEORGE PRINCE . I live at Duke's Cottages, Maiden Road, and am a telegraph jointer—on this Sunday evening I was with Smith, and went with him to the Mother Shipton—as we were going; in, O'Keefe knocked him back into the road—the other two came upon him and knocked him down, and I don't know what happened then—I am quite sure they are the men.
Cross-examined by MR. WILLIS. Q. Had you been to the beer-shop in Grafton Street? A. Yes, we were there about a quarter of an hour—I saw a woman there named Shaw—she was the worse for drink—her husband was not trying to get her away from Smith—he was not talking to her—the woman left, and went to the Mother Shipton—I went with Smith to the Mother Shipton, but we went down Camden Town first—we went out of the public-house soon after the woman—I don't know what took place in the Mother Shipton—we did not get inside—Smith had his coat on when he went there—directly he opened the door O'Keefe knocked him down—we had had a pint of beer in the Grafton Street public-house—that was all we had—I was with Smith from 7 o'clock till 10.30, and we only had a pint of beer all the evening.
Cross-examined by MR. M. WILLIAMS. Q. A pint between you? A. Yes, that is all—Smith was knocked down without any provocation—I was knocked down as well, by somebody.
JAMES JORDAN . I am a carpenter, of 10, Maiden Road—I was in the Mother Shipton when this happened—the prosecutor and the last witness were strangers to me—I saw the three prisoners in the bar—I was in a side partition—I saw the prosecutor about to enter the house—he was knocked backwards by O'Keefe—after that, about a dozen of them rushed out of the house—I ran out, and saw them knocking the prosecutor about—I went to remonstrate with them, and received a blow on the eye—the prosecutor was trying to protect himself—I was not knocked down then; I was afterwards, at the attempted rescue—the prosecutor did not strike any of the men before they struck him.
Cross-examined by MR. WILLIS. Q. How long bad Smith been in the house before this happened? A. He had not been in the house, he was coming in—there was a woman in the public-house—Smith had not been speaking to her—I saw her come in, crying, about fire or ten minutes before this disturbance.
Cross-examined by MR. M. WILLIAMS. Q. Were you inside the house? A. Yes—I could see into the partition where the prisoners were—I saw the blow struck, and ran out—I believe the woman was crying because her husband had been knocking her about at another public-house—I did not see anyone with the prosecutor till I had been to the station, and then I saw the witness Prince.
MATTHEW STREET (Policeman G 376). O'Keefe was given into my custody in the Maiden Road, Kentish Town, by the prosecutor—he went quietly until an attempt was made to rescue him by the other parties—the other two prisoners were there—Howe caught hold of me and O'Keefe, and kicked me on the legs—Lee was there among a lot of others.
Cross-examined by MR. WILLIS. Q. Had O'Keefe got his coat off when you took him? A. Yes—he was running after Smith.
Harris. Q. What did the prosecutor charge him with? A. Assault and robbery—he made no reply.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. COLE the Defence.
SAMUEL HECHT . I am a merchant, and carry on business with another gentleman, at 19, Carter Lane—on Friday, 18th February, I had a case in the passage of the house, on the ground floor, containing thirty-one gross of briar-root pipes and a gross of cigar tubes, worth about 60l.—I saw it safe about 3 o'clock, and missed it about 4.45—I have seen some of the pipes since, and have identified them—I saw them at the police-station afterwards—there were then two boxes short, half a gross.
WILLIAM ARCHER . I am a messenger, and live at 151, Farringdon Road—it is my duty to stand at the corner of Little Carter Lane—on the afternoon of 18th February, about 4.15, I saw two men at 19, Carter Lane—the prisoner was one of them—they had a barrow with them—I saw them roll the case out, and place the end of the barrow on the kerb, put the case into the barrow, and come past me; they went up Paul's Chain, and turned to the right—about ten minutes afterwards Mr. Hecht's foreman spoke to me.
Cross-examined. Q. What sort of a lane is Carter Lane? A. A narrow lane—I am a porter and messenger—there was nothing unusual with persons
passing with a barrow; but when I saw these two men I thought there was something wrong—I have worked for Mr. Hecht.
MR. GRIFFITHS. Q. Have you any doubt that this is the man? A. No, not the least.
JAMES BAKER . I am a messenger and live at 17, Dean's Court, Doctor's Commons—on Friday afternoon, 18th February, I was with Archer, at the comer of Carter Lane—I saw the prisoner and another man with a barrow—they passed close to us—the prisoner was at the back of the truck—I heard him say to the one in front, "Make haste, we have lost time enough; if we don't make haste we shan't get any money—there was a large case in the truck.
WILLIAM WINES (City Detective Officer). From information I received I apprehended the prisoner in Hoxton Market—Mitchell was with me—we went to the prisoner's house, about 1 o'clock in the morning—before he opened the door I heard the coals being moved about—I found this jemmy afterwards, under some coals in the cupboard—I afterwards went to 4, Bird Place, Tabernacle Square, broke the windows open and got in, and in a room on the ground floor I found the case of pipes; it had been opened, and some of the pipes were on the top—I have compared the jemmy with the marks on the box, and they exactly correspond—I have a portion of the case here—there is a private mark on the case—Mr. Hecht identified it as his, and also the pipes.
Cross-examined. Q. Does the prisoner live in Hoxton Market? A. Yes—Vine Place is about three minutes' walk from there—I have been in the force fourteen years—this jemmy is made from an old file.
JOHN MITCHELL (City Detective Officer). I was with Wines when he took the prisoner—we went to 6, Hoxton Market, to the first floor back room—we told the prisoner we were police officers, and charged him—he said we had made a mistake.
He was further charged with having been before convicted in February, 1869, to which he
PLEADED GUILTY*— Seven Years' Penal Servitude.
MR. BROMBY conducted the Prosecution.
EMMA WORRALL . I am barmaid at the Abercrombie public-house, Charles Street, Hatton Garden—on Sunday morning, 13th. March, I heard a cry, looked out of my window, and saw the prisoner on his hands and knees on the tiles—I saw him open the window; and as soon as I lost sight of him I heard a crash—he had something in his hand, I could not tell what it was—I had fastened that window when I went to bed—he opened the window with something he had in his hand—I am sure it was the prisoner, I saw him by the lamp in the court—the tiles are 12ft. or 13ft. from the ground.
MARIAN JIHU . I am the wife of John, who keeps the Abercrombie public-house—on this Sunday morning I heard a crash of china, and the dog biirkfd very much—the servant came to me and said something—I had seen the window secure at 12 o'clock—it was open when I saw it again—the screw had been broken.
GEORGE RICHARDSON (Policeman G 239). I was on duty in Charles Street, Hatton Garden—I heard someone cry out that there was a man on the top of the tiles—I went into the court, and saw the prisoner climbing
along towards the window—I stood and watched him—he hoisted up the window and got in, and I heard a crash—I ran to the front of the house and placed a constable there—I then went into the passage of the next house and the prisoner came out into the passage where I was—he ran into a room, and shut the door in my face—I took him—he had nothing on him but a purse, 2 1/2 d. and a screw—on the way to the station-house he said, "What shall I get for this job? I don't mind if I get out in May"—a man had been assaulted in Leather Lane, and I asked the prisoner if he was one of the men—he said, "No"—eight or ten young men ran away in Leather Lane—the man who was assaulted came to the station while the prisoner was there—the inspector asked him if he could identify the prisoner as having assaulted him—he said "No."
Prisoner's Defence. The policeman ran after me 400 yards from his beat, and said that I was one that had assaulted a man. I had nothing on me.
NOT GUILTY .
OLD COURT, Wednesday, April 6th, 1870.
Before Mr. Justice Lush.
MESSRS. GRIFFITHS and MEE conducted the Prosecution; MR. METCALFE defended Payne, and MR. COOPER Templeton.
Cross-examined by MR. METCALFE. Q. How old was he? A. Forty on 21st of November, he was a tall man, but not strong—he was an engineer—he had been ill previously.
Cross-examined by MR. COOPER. Q. What was his illness? A. An inward complaint; I don't know exactly what it was, but he had quite recovered, and had been at work about a month.
RICHARD NANCE . I live at 7, Andrew Street, Bromley, and am a land-surveying instrument maker—the deceased, George Abchurch, was my uncle—I had been spending the evening of 5th February with him—between 12.5 and 12.15 in the morning I was with him in St. Leonard's Row, Bromley—he went into Mr. Hayne's fish-shop to buy some fish, and I was waiting outside for him—four men passed along all of a row, and one behind, on the path—the last one deliberately ran his shoulder into my chest—I could not recognize him, or any of them—he said something to the other four, which made them turn round, and me also look towards them, and while doing so I was caught underneath the chin by his fist, which made my bruin reel, and I could tell no more till I saw my uncle's hand almost at my shoulder—it was a very violent blow, it cut my chin open—I did not fall—my uncle came out of the shop to my rescue, and in so doing he was struck—I did not see him struck, I saw him fall—I turned round to help him up, and I was struck on the right temple, which laid me across him and on to a fish-board as well—he got up and left me lying there, and ran after the persons who had assaulted us—he came back again—we then returned to the fish-shop, and took a bottle of beer home—we went home together—I afterwards went with him to the Poplar Hospital, and it was.
found that his jaw was broken—I had not given any provocation whatever to the man who struck me, and had not spoken to any of them till after I was assaulted, nor had my uncle.
Cross-examined by MR. METCALFE. Q. There were some girls there, were there not? A. Yes, following the men in the rear—I was not looking in their faces as they came by—I did not take any notice of them—I did not remain long insensible—I did not see my uncle get up and run after them—I saw him coming back in about five minutes—I had got up, and gone after him about twenty yards when I saw him coming back—when he was struck, he fell on his left side—I understood his jaw was broken on both sides—he fell on the pavement—he was struck on the right jaw—I was not fighting at all before I became insensible, nor struggling with any one, that I know of—I don't remember touching anybody—we took the beer home after this was over—we drank it after we came from the hospital—my uncle drank a portion of it—we had had two pots of cooper before that—I had no spirits—I believe my uncle had about a table spoonful of whiskey—he drank out of a half-quartern glass with somebody else—that was the only time he drank any spirits that night in my company.
MR. GRIFFITHS. Q. Was he at all the worse for liquor? A. Sober, and so was I—he had not fallen at all before he was struck.
WILLIAM HAYNES . I live at 79, St. Leonard's Road, Bromley—I have a fish shop on one side of the road and a greengrocer's on the other—between 12 and 1 on the morning of 6th February the deceased came into my shop—I saw Nance standing outside—I saw five young men coming along with two or three girls, singing—all at once, one of them stopped and struck Nance—that was Templeton—I did not hear whether or not Nance had given him any provocation—the deceased, hearing it, came out of the shop, and said "Halloa, what is the matter?" and just as he came out the others turned back again—they had gone on a few steps—before they turned back, Templeton had call out "Harry," or something of that sort—Payne, who was one of them, came up and said "What, have you come out to help him?" and he had hardly said the words before he struck the deceased on the side of the face, just behind the ear, with his fist—the blow knocked him right down, or very near down, and before he could hardly get upon his feet again, Payne struck him again, and knocked him down again—the other men all came up just at the same time, and closed in, and they were all of a heap—I saw Nance struck a good many times—I did not see him try to assist his uncle while he was on the ground—I think he was being struck all the while—a policeman came up—he just saw the last blow struck by Payne on the deceased—there were only two blows—they were both on the right side of the face, and struck from behind—when the policeman came up, they all ran away—the policeman caught hold of one, and held him for nearly ten minutes—most of the people round said he was not the one that struck the blow, and he was let go—at the time the policeman had hold of him, Payne came back, and one or two said "That is the one," and somebody halloaed out to Payne, "Harry, run," and he got away again before the policeman could catch him—the deceased had left a bottle in my shop, containing beer, and he came back for it—he appeared quite sober—he had never spoken a word to the prisoners, or given them any provocation.
Cross-examined by MR. METCALFE. Q. Can you say whether Nance
interfered at all with the girls? A. I don't think he did—I did not hear him—I stood close by the side of them—I was sweeping the pavement—it was all very sudden, it did not last two minutes altogether—the deceased did not come out of the shop in a fighting attitude—I think he was going to take his hat off just as he came out—I thought he meant to help his nephew—I don't know whether he was going to fight—he had not time to take his hat off, because he was struck directly, and it was knocked out of his hand—he was about to get somebody to hold it for him; no doubt that was to assist his nephew—this was Sunday morning—I did not notice that Nance struck any blow—I don't think that he and Templeton were wrestling together or hugging each other—I think Templeton was striking all the time—I don't think Nance hit him back again—I am not positive of it.
Cross-examined by MR. COOPER. Q. You would not say that Nance was not giving him as good as he got? A. I would not say so because I was taking more notice of the deceased—I did not see Nance fighting at all.
WILLIAM HAYNES, JUN . I am the son of last witness—I saw the deceased come into the shop, and while he was there I saw Templeton strike Nance outside—I don't know whether that was the first blow—I had not seen Nance give him any provocation—the deceased went out of the shop and went towards Templeton—Templeton called out "Harry!" and Payne, who had gone on a few yards, came back and struck the deceased from behind, in the right jaw, and knocked him down—he got up again, and then a lot of them all came up together—Payne struck him again, and knocked him down—a policeman then came up—the deceased bad not given the prisoner any provocation, or said a word to them—I did not see Nance strike Templeton at all.
Cross-examined by MR. METCALFE. Q. Did the deceased take his hat off? A. Yes, and handed it to me—he was just in the doorway, coming out—he was not in a fighting attitude—I did not take his hat, because Payne came up and hit him and knocked him down, and the hat fell out of his hand—he had hardly got outside—the blow knocked him up against the door-post—he was on the ground, against the fish trucks—they have not sharp edges—he did not fall on them, he fell on the ground by them.
EDMUND VIALLS . I am house surgeon at the Poplar Hospital—the deceased died there on 16th February, from blood poisoning, arising from fracture of the jaw—he first came early on the morning of the 6th—he was suffering from compound fracture of the jaw; it was broken in two places, both on the right and left side—I took him into the hospital as an inpatient on the 11th—his club doctor, Mr. Corner, attended him in the interval—he was bruised about the chest and abdomen—there was a post mortem examination—there were numerous small abscesses in both lungs—the spleen was soft; what is called a fever spleen, and there was evidence of inflammation about the membranes of the brain—the other organs were quite healthy—I found nothing else that would have occasioned death, if he had not received these blows—I attribute the death to the blows.
Cross-examined by MR. METCALFE. Q. I don't quite understand how that caused the blood-poisoning? A. It is a disease known as surgical fever—it results after injuries to the bones particularly, sometimes after amputation—pyemia is the technical term—it frequently occurs after compound fracture of the bones—this was a compound fracture—that means that the Wound had been exposed to the air—it was through the skin—I attribute the death to the fever supervening—the fracture itself would not have
caused death if he had not had pyemia—if the blood is in a bad state a scratch may cause erysipelas to supervene—this was of a more serious nature than erysipelas—he was in the hospital from the 11th to the 16th—a man who was an habitual drunkard would stand a worse chance than a temperate man under such a disease—the abscesses on the lungs was a symptom of pyemia—he did not complain of his lungs having been previously affected—I hear they had been—the inflammation of the brain was also a symptom of pyemia—I considered, from his general appearance, that he was rather out of health—the liver was moderately healthy—there was nothing unusual about it—it did not present the appearance of a man accustomed to drink—if he had been out of health shortly before, that would conduce to the disease, anything that would tend to bring the constitution into a low condition—I should think the fractures were probably done at one and the same time—a blow on the right angle of the jaw would transmit the force to the opposite spot—a tumble on the pavement might cause such an injury.
ROBERT LAMB (Policeman K). I took Payne into custody on the evening of 16th February—I asked if he had been down to St. Leonard's Road last Saturday week—he said he had—I then told him he was charged with violently assaulting George Abchurch there—I did not then know that he was dead—I had seen him alive at the hospital a few hours before.—he said, "I own I struck him in the face with my fist"—I apprehended Templeton on the 24th; he said nothing.
Cross-examined by MR. METCALFE. Q. Did not Payne say, "I own I struck him once on the face?" A. No, he did not mention anytime—(The witnesse's deposition stated, "I own I struck him once")—he did not say that—he only mentioned it once to me—he mentioned no time.
Cross-examined by MR. METCALFE. Q. You were called for the prosecution, before the Magistrate? A. Yes—on the night in question I was going towards the fish-shop, and saw two young men scuffling together, having hold of each other, close against the fish-stall—I cannot recognize Nanoe—Templetonwas one of them—I could not see whether they wore both striking; they had hold of each other, scuffling about—I saw Abchurch come out of the fish-shop without his hat—he said, "Halloa, there!" and with that Templeton left the other young man that he was scuffling with and ran towards Abchurch, and said, "Have you come to help him?" and struck him and knocked him towards the ground, and halloaed out, "Harry, Harry!"—then Payne came running back—the deceased got up and went towards where Payne was standing, and Payne up and hit him—he went towards the ground, and when he got up again Templeton got back towards him again, and struck him again, and he went towards the ground, but there were so many persons I could not see whether he went to the ground—Abchurch was a much taller man than the prisoner, and older.
Cross-examined by MR. COOPER. Q. Where were you when you saw the two young men hugging each other? A. I was going towards the fish-shop, just getting on to the kerb, close to the shop—the hugging lasted a few minutes—I knew the prisoner before—I did not stand in the same place all the time; I got my foot smashed, and got away from the Cross—I did not see either of the Huynes'—I know them, but I did not see either of them it the time this happened.
on the 6th February, as I was going through Bromley Hall Fields, I saw a row in St. Leonard's Road—I, and a friend who was with me, went up to see what was the matter—I got up just time enough to see Templeton strike the deceased—he did not fall—he was struck just about the mouth.
Cross-examined by MR. METCALFE. Q. You did not see the first of it? A. No—I don't know whether the blow I saw was the last that was struck—I got out of the way to avoid the row.
HENRY LEVY . I keep the Royal Standard public-house, St. Leonard's Road—I was in a butcher's shop next door to Mr. Haynes', and hearing a noise I went out and saw Abchurch standing with his face to the fish-board, and I saw a blow struck, but by whom I could not say—it was a deliberate blow from behind; it struck him in the jaw—I never saw such a blow in my life—I went and tried to find a policeman—I believe Abchurch was perfectly sober—I don't think he gave the slightest provocation, from what I saw—the position of the man would show there was no provocation, and his back was turned to the man who struck him.
Cross-examined by MR. METCALFE. Q. You only saw one blow? A. Only one—I could not say what took place before that, I was not there at the beginning.
Cross-examined by MR. COOPER. Q. Was the man that struck the blow a tall, powerful fellow? A. I could almost swear to the man, but I give the prisoner the benefit of the doubt—I should say Payne was the man—I call him a tall, powerful fellow.
The prisoners received good characters.
GUILTY Strongly recommended to mercy by the Jury on account of their youth and good character. .— Twelve Months' Imprisonment each.
MR. PLATT conducted the Prosecution; and MR. LEWIS the Defence.
GUILTY of an indecent assault.— Twelve Months' Imprisonment.
NEW COURT.—Wednesday, April 6th, 1870.
Before Mr. Recorder.
335. JOSEPH NELSON WARNER (22) , PLEADED GUILTY to embezzling the sum of 124l. 18s. 6d., of Henry Christopher Robarts and others—Recommended to mercy by the Prosecutors— Eighteen Months' Imprisonment.
336. SIDNEY EDWARD SMITH (17), and RICHARD PEARSON (17) , to breaking and entering the warehouse of Charles Cass, and stealing therein 150 yards of silk, his property— [Pleaded Guilty: See original trial image.] SMITH, Twelve Months' Imprisonment —PEARSON, Nine Months' Imprisonment.
338. The said JOHN CARTER was further indicted, with THOMAS STEELE (48) , for obtaining by false pretences fourteen yards of silk, the property of Thomas Callaghan. Second Count—for obtaining twenty-eight yards of silk of the same person.
CARTER PLEADED GUILTY to the first count—
STEELE PLEADED GUILTY to the second count— Judgment respited.
MR. GRIFFITHS conducted the Prosecution; and MR. BROMBY the Defence.
WILLIAM FISK . I am manager to Christopher Walton, a goldsmith, of 8, Ludgate Hill—on 25th March, about 5.30, the prisoner came in and asked me to show him a ruby pin—I said "What price?"—he said "About 28s."—I said that he could not have one at that price, and showed him a small one at three guineas—he said that he should like to see one with more gold and less stone, and asked to see others—I produced a tray—he looked at several, and at last selected one from the back part of the tray, marked a guinea, and said that he would take it—I said, "I will brush it up for you"—he put his hand across the tray and said, "I will leave this," putting down a shilling, "I am going a little further while you are packing it, and will look in again"—before he left the lobby I missed the most conspicuous pin in the tray, a diamond one, value fifty-five guineas—I halloaed to the clerk, went to the door, and saw the prisoner running—I called "Murder!" and "Stop thief!" and was tripped up a few doors before I got to Ave Maria Lane—I got up again and pursued the prisoner into Newgate Street, and he was captured in Giltspur Street—I have not the least doubt he is the man.
Cross-examined. Q. Had you had a good many people in the shop that day? A. No—it is a busy thoroughfare—no one else was in the shop—the pin has not been found.
Cross-examined. Q. Were there a great number running? A. Yes; but no one was running before the prisoner.
DAVID RICHARDS (City Policeman 258). I saw the prisoner running, and Mr. Sindell after him, who handed him over to me—I asked him why he was running—he said that he did not know—he afterwards said that he saw other people running, and he ran as well—he afterwards said that he had been into a shop and selected a pin, and not having sufficient money to pay for it, he was running home to get it—I searched him and found 10s. 3d. on him.
Cross-examined. Q. Did he give his correct address? A. Yes, but a false name.
GUILTY —He wet further charged with leaving been convicted at Clerkenwell, in September, 1866, to which he
PLEADED GUILTY— Eighteen Months' Imprisonment.
MR. HOLLING conducted the Prosecution; and MR. KELLY the Defence.
GEORGE BROOKS . I live at Limehouse—on Saturday, 19th March, I left home between 8.30 and 9 o'clock, leaving my wife there—I returned about 10 o'clock and found all the doors open, a chair on the table, and a lamp on the chair—I missed some earrings, a set of studs, two chemises, a ring, and several articles—the prisoner had lodged in the house.
SARAH BROOKS . I am the prosecutor's wife—on Saturday, 19th March, at 9 o'clock, he went out before me—I afterwards went out, and noticed the locking up—I went back twice to the back door to see if it was bolted safe, and went out at the front door, closing it behind me—I returned about 10
o'clock—the door was then on the jar, and the first thing I saw was a chair on the table and a lamp on the chair, turned on to the fullest extent—had it remained a minute or two longer it must have exploded—my images were on the fire, burning, and the back door was wide open—all my rooms had been entered, and a chest of drawers had been opened—from one of the drawers I missed the contents of a little box of trinkets, which had been broken open—the prisoner had lodged in the house.
Cross-examined. Q. Did you fasten the front door? A. Yes—I went into my next door neighbour's, and as I passed again, I pushed my front door and it was perfectly safe.
WILLIAM WHITE . I live in Henry Street, Limehouse—on Saturday, 18th March, about 8.15, I saw the prisoner standing round Thomas Street, close against a brickfield, at the front of the prosecutor's house.
Cross-examined. Q. How far is where you saw him, from the prosecutor's house? A. 300 or 400 yards—another man was with him.
FREDERICK WILLS . I live next door to the prosecutor—on 19th March I went out about 9.35 to fetch a pot of beer for supper, and as I returned I saw the prisoner and another man on the other side of the road—I saw the prisoner's face, but not the other man—they were standing about twenty yards from my house, on the same side, further from the prosecutor's house than mine—I knew the prisoner.
Cross-examined. Q. They must have been more than twenty yards from the prosecutor's house? A. Yes.
SARAH SHAW . I am the wife of Charles Shaw, of 41, Bridge Street—I bow the prisoner by his living at Mr. Brooks'—on Saturday, 19th March, between 9 and 10 o'clock, I was coming from market, and saw the prisoner running; he ran in at Mrs. Brooks' gate, which leads into the yard.
Cross-examined. Q. Is there a yard between the gate and the home? A. Not that I am aware of—he passed me running, and he remained running, till I missed him at the gate, and saw no more of him.
ELIZA OWEN . I am the wife of Richard Owen, of 41, Burgess Street—I have seen the prisoner lodging at Mrs. Brooks'—on 19th March I was going out to market, between 9.30 and 10, and saw the prisoner and a man a great deal shorter than himself enter Mr. Brooks' side premises.
Cross-examined. Q. Does not that gate lead to a stable? A. Yes—it is not Mr. Brooks' door, there is a private entrance to the dwelling-house—the stable is at the back of the house—I have never been in, but I can see.
COURT to G. BROOKS. Q. We hear there is a gate leading to the stable? A. The gate is at the side of the house, and one of the rooms is over the gate—my back door is in the yard, going in at the gate you can get into the yard, and the washhouse is on the left.
JESSIE SOPHIA ALLY . I am a daughter of Harriett Ally, of 23, Reeves Street, Poplar—on Sunday, 20th March, I saw the prisoner in the yard, near 2 o'clock, making water—he lives in the same house—on the next Thursday I found a pair of earrings and an odd one in the yard—I had not seen him burying them—I gave them to my mother—I had not seen the prisoner at the same place on the Sunday.
Cross-examined. Q. Did you hear on Sunday morning that Mrs. Brooks had been robbed on Saturday night? A. Yes—I went out after supper that night for a box of matches and a candle, and passed the parlour where the prisoner lives at 9.55, and again at 10.15, and saw him each time sitting
on one side of his own parlour, with his arm like this, and another young short chap was sitting on the other side.
MR. HOLLING. Q. Who was the short man? A. I think his name is Pattison—he wore a Guernsey shirt.
HARRIETT ALLY . I am the wife of Andrew Ally, and the mother of the last witness—on the Thursday after this, 20th March, she gave me a pink coral ear-ring, a broken earring, another old earring, and a piece of cornelian—I gave them to the officers.
Cross-examined. Q. Do you remember the Saturday evening that the house was broken into? A. Yes—we lodge in the prisoner's house—I was in and out that evening from 6 o'clock to 9 or 9.30, getting errands in, and came in and found the fire out—I was waiting for my hustand, who had gone out, and I took the child to a band of music in the market, between 9 and 9.30, and when I came in I saw the prisoner sitting in his parlour, with his elbow on his knees, and another man with him.
MR. ROLLING. Q. Had you seen anybody with him? A. A short man—I do not know who it was, but he was shorter than the landlord.
COURT. Q. You said that you came in and found the fire out; was that when you sent the little girl for the matches? A. Yes, and then I saw the prisoner there; in fact, I always saw him there, and I did not like to go in and out—I saw him there at 8 o'clock, and again when I sent my daughter out—she went out to see the time I came in, and said that it was 9.55—I did not think of that till the prisoner sent me a letter to know what time it was—he was taken on the Sunday night, I believe, and on the Wednesday morning they asked me to go up and say what time I saw him in the house.
MARIA BATMAN . I live in this house, 23, Reed Street, Poplar—I found a bead in the yard on 23rd March, the Thursday after the prisoner was committed, showed it to Mrs. Ally, and told her she had better go to a policeman.
THOMAS NORMAN (Policeman K). From information I received, I went to the prisoner's house on the Sunday afternoon, and asked him how he spent his time on Saturday evening—he said, "I left home about 6 o'clock, or a little after, and spent my time with a man named Peterson the whole evening up to 11 or 12 o'clock, in Chrisp Street; I was not out of his company"—I asked if he had been in Burgess Street—he said he was not near there—he was not out of Chrisp Street—on the Thursday afterwards I received a pair of earrings and an odd one, and a black bead.
Cross-examined. Q. Are you quite sure he said that he was in Chrisp Street the whole evening? A. Yes; and came home late—I stated that before the Magistrate—if it is not, there is a mistake of the clerk—it was read over to me.
MR. HOLLING. Q. What is the distance from the prosecutor's home to the prisoner's house? A. Very near a quarter of a mile—the prisoner could run it in two or three minutes.
NOT GUILTY .
MR. BRINDLET conducted the Prosecution; and MR. BROMBY the Defence.
SAMUEL ROGERS . I am a builder, of 9 1/2, Liverpool Buildings, City—on 14th June I was in Widegate Alley, Bishopsgate, and a man who is now Suffering twelve months' hard labour, came up, pulled my chain out of my pocket, and ran away with my watch and chain—I followed him four or five years, and a man who I believe to be the prisoner, tripped me up, and I fell and hurt my knee—I pursued the man who took my watch, but he escaped for a short time—I gave information, and about a month afterwards was sent for to the station, and identified the prisoner, but he was not dressed the same—he was in a dark jacket and a round hat.
Cross-examined. Q. What day of the week was it? A. Friday, I believe; yes, I am sure it was, because I had been in a case at Westminster—the persons at the station were in all sorts of dresses, not in police clothes.
WILLIAM WRIGHT (City Policeman 865). From information I received, I apprehended the prisoner in Bishopsgate Street on 10th March—I asked him if his name was Brady—he said "No—I said I know you by the name of Brady, and I shall apprehend you on a charge of stealing a watch and chain in Widegate Alley, in company with Bradbury—he said, "I do not know anything about it; I was at work then—I took him to the station—he was placed with ten or twelve lads from the street, as nearly like him as I could get—I was not there when Rogers went in—he entered the room by himself—the prisoner said to me, "Give me a fair chance" I said, "You can place yourself what number you like; do not say that I have told him what number"—he afterwards said, "I know you, Mr. Rogers; do not be too hard upon me—but afterwards he denied ever seeing him before in his life.
WILLIAM PAICE (City Policeman 866). I know the prisoner—on the night of 14th January, about 6.55, I was coming out of Bishopsgate station and saw him with Bradley, who is convicted, and about twenty minutes afterwards I heard of the robbery—they were coming from Bisbopsgate Church towards Widegate Street.
RICHARD MORLET . I am employed at Bishopsgate Police Station—on 14th January I saw the prisoner passing the station door with Bradley, about 6.55—I have known the prisoner about five years, and I spoke to Paice and called his attention to them—I heard of the robbery about twenty minutes afterwards—they were going towards Widegate Street—the prisoner wore a dark Paget coat, with pockets on the hips—the place where the robbery took place is forty or fifty yards from the station.
JOHN DAVIS (Detective Officer). On 14th January, about 7.10 or 7.15, I saw the prisoner alone in Dorset Street, Spitalfields, coming in a direction from Widegate Street—he was dressed in one of these Paget coats, and a lightest pair of trowsers.
Cross-examined. Q. How far is that from Bethnal Green? A. A mile or more.
The Prisoner's Statement before the Magistrate. I am innocent of the watch. I can bring proof of where I was at the time it was done.
EMMA NORTON . I am the wife of George Norton, of 9, Pancras Court Bethnal Green—I have known the prisoner about twelve years—on a Friday night, about the middle of January, he was with me and my sister and her husband from a little after 6 o'clock till near 10 o'clock—on 31st January I went up to Mrs. Brady's, and an officer came and asked for the prisoner, and said that he would have him by fair means or foul—it was either the 14th or 15th that I was with him—I know it was Friday, became my brother-in-law, who is a tailor, took Lis work to Mr. Lyons on Friday, and I had gone to borrow some money of him, and we went to the Adam and Eve public-house, the corner of Brick Lane, and had some beer—that is between Church Lane and Bethnal Green Koad, close to where I live.
Cross-examined by MR. BRINDLEY. Q. Did you give evidence before the Magistrate? A. Yes—I think it was on 10th March—I remember what I said on that occasion—I said that I saw the prisoner one night about the middle of the month, as near as I could guess—I know it was on Friday night, I told the gentleman who took it down—he asked me what day of the week it was, and I said the latter end of the week, Friday—I mentioned Friday before to-day—I did not hear the evidence read over to me—I signed it—witnesses are here who know that it was not read—I did not hear the other witness's evidence read over—I was only in Court while I gave my evidence; I went out directly afterwards, and one of the witnesses called me back—I mentioned the word Friday—I said "the latter end of the week, Friday—I am an acquaintance of the prisoner—I have known him for the last twelve years—I have known his wife about two years—his mother asked me to go before the Magistrate and state where he was, and that he was taken up on suspicion for this watch robbery, and to state what I heard the officer, Strutt, say—she did not ask me to say more than that.
COURT. Q. When were you first asked the day on which this happened? A. When I was at Guildhall, about 10th March, and then I said that it was about the middle of January—my attention had not till then been called to when I had last seen him—I said it was when my husband and sitter were with me—they are at work—they are poor people, and cannot afford to lose the time.
GUILTY —He was further charged with having been before convicted at Clerkenwell, in May, 1863, to which he
PLEADED GUILTY— Seven Years' Penal Servitude.
THIRD COURT.—Wednesday, April 6th, 1870.
Before Mr. Common Serjeant,
MR. COOPER conducted the Prosecution.
THOMAS ATCHESON (Policeman E 404). On Saturday night, 12th March, about 9.30, I was in Long Acre—I saw the prisoner there leading a horse drawing a cart—he was the worse for drink, and I took him and the horse and cart to the station—he was put in the dock, and whilst I was charging him with being drunk and incapable, Mr. Groves came and claimed the horse and cart, and said that they had been stolen about 2 o'clock in the
afternoon, from Sussex Road, Hyde Park—the cart contained some beef and mutton and other different meats, and also 178 little spades—I can't find any owner for those—the prisoner would nor answer any questions—he seemed to know what he was about—the horse was a brown one.
HENRY PORTER . I am in the service of Mr. Groves—this horse and cart was in my charge in Sussex Square, Hyde Park, about 4.15—I left them for about five minutes, and went into 9, Sussex Square, and when I came out they were gone—I did not see them again till they were brought home on the Saturday night—I know nothing about the little spades—a coat of mine, worth 1l., was in the cart, and the customers' books—they are still missing.
GEORGE COOPER I am a cheesemonger, of 15, Upper Berkeley Street—about 4 o'clock on the afternoon of 12th March, I saw the prisoner driving the prosecutor's horse and cart in Berkeley Street—he had some difficulty in getting the horse past the prosecutor's shop—the horse wanted to go to the stable—about ten minutes after that Mr. Groves said he had lost his horse and cart, and I communicated with the police.
LEWIS GROVES . I am a butcher, at 22, Upper Berkeley Street, West—this horse and cart is my property—the cart contained about 10l. worth of meat, and the horse and cart were worth about 40l.—I found a knife in the cart afterwards, marked "Aylesbury Union"—my name and address was on the cart—nothing was done to efface the name.
The prisoner in his defence stated, that a butcher asked him to drive the horse and cart to the Marble Arch, and he would give him a shilling; that he did so, and that the butcher made him to drunk that he did not know what was in the cart.
GUILTY .—He was further charged with having been before convicted in January, 1863, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. COOPER conducted the Prosecution; and MR. MONTAGU WILLIAMS
JULIAN ZAPATERO . I am a student of the Rev. Mr. Herners, St. Paul's Road, Thornton Heath—on 30th March I was at the Victoria Station, in the refreshment-room, waiting for a train—the prisoner was there—he turned to me and said "It is not fine, in my country it is much finer; I come from Australia, it is very hot there—he asked me where I came from, I said I came from Spain, and he said it was very hot there, too—he said "Spain ought to be the richest country in the world—I am not sure whether he said "richest" or "nicest"—he then asked me where I was going—I said "To Thornton Heath—he said "I am going to the Palace; I believe it is the same way; we shall have to wait two hours;" and he took me out—he did not ask me to go for a walk, but we went out together—going along a man passed and dropped a purse—I stooped and picked it up, and handed it to the man who had dropped it—he opened the purse and took out a sovereign—I saw some bank notes in the purse—he shook hands with me, and offered me the sovereign—I said "I don't take money, I am a gentleman"—the prisoner said "My friend has rendered you a great service, you might invite us to a glass of something—the prisoner pointed out the Bricklayer's Arms, and we went there—I had a glass of sherry, and the other men had some beer—they did not seem to know one another
at that time—we went into the coffee-room and sat down together—the prisoner said "My friend has rendered you a great service, you had better give us a ring; I shall be gad indeed to wear it"—and I said "Yes, I shall be very glad indeed to wear it"—they did not say anything more about the ring, and the man who dropped the purse said "Gentlemen, I had an uncle who left me," I don't know how much money, but a great deal of money, "for the poor; if you show me that you are worth 5l., I will give you 50l. for the poor—the prisoner said "Well, I can show you that I am worth 5l."—the prisoner then said to me, "Are you sure you can get 5l."—I said "Yes; I can get even 20l. if I like—the other man said "If you get 20l. I will give you 200l."—I said "I am afraid the office is closed now, and I can't get it"—it was about 5.30 then—I said "I know someone else who will lend me 5l."—and the prisoner said "You had better go and fetch it"—I said "It will be very nice if he gives us 50l.," but all the time I was suspecting them—I said I was going to get 20l. from my correspondent, and I should tell him what it was for—the prisoner said "Oh no, don't say anything to him, because this gentleman says that you ought not to say anything about it"—I said "I am not sure that I shall be back for two or three hours; I am going to New Bond Street"—I then left—I was away about two hours and a half—I went to the police-station in a cab, and brought two policemen back with me to the Bricklayers' Arms—I went inside and saw the prisoner as I was coming out—he said "Have you succeeded?"—it was about 8 o'clock then—the police were behind me at the time, one was in uniform, and the other in private clothes—he asked me twice, "Have you succeeded?" and I said "No—I think be then recognized the policeman, and I thought he was going to run away—I saw a man coming up a dark street, and I thought it was the other man—I then called the policeman up, and gave the prisoner in charge—the other man ran away.
Cross-examined. Q. Had you 5l. about you? A. No; I had a shilling and 2d., I think—the man who dropped the purse paid for the wine—if he had given me the 50l. I should have taken it—I asked him to give me 5s. as a guarantee that he would be there when I came back—I was away two hours and a half—I went to try and borrow the 5l. from a friend in London—I went to three different persons to get the 5l., but could not get it—I went to the police-station because I suspected them, and I wanted to get the 5l. to prove that they were rascals—I should not have given them in custody if I had got the 50l.—when I said I could get 20l. I was going to borrow it from a friend in the City.
MR. COOPER. Q. Did you make ft full communication to the police? A. Yes; as much as I could.
WILLIAM TAYLOR (Detective B). The prosecutor made a communication to me about 8 o'clock in the evening, and I followed him, with another constable, to the Bricklayers' Arms—I saw him go to the door—he then left the door, and the prisoner joined him—I walked up to where they were standing together, and heard the prisoner say "Have you succeeded? "—I think he then noticed me, and they went further away—I then went and took him into custody—I told him I should take him for trying to defraud a man of 5l.—I was then on the left side of him—he said, "All right; you know me; we can square this—I had never known him before—he put his right arm under his coat—I then shifted from his left side to his right, and pulled his hand out of his pocket (he had his pockets made just under the back buttons of his trowsers), and pulled out
this purse which he had in his hand, and three medals, and tome flash notes, one for 10l. and three for 5l.—I straggled with him, to get them out of his hand, and these two medals dropped out of his hand, and they were picked up by some boys—he said "Let us go and have a glass of ale, and square this matter up."—I said "No, I will turn you inside out, but I will take you to the station"—at that time we were surrounded by a good many people, a great many roughs from Spring Gardens—I searched him at the station, and found two more medals and this imitation watch.
Cross-examined. Q. Have you ascertained that he kept a shop? A. Yes, a second-hand shop—I have never seen these medals in shop windows—they don't sell them in Spring Gardens.
GUILTY — Six Monthf Imprisonment.
MR. BRJNDLEY conducted the Prosecution.
EDWARD MACKLIN . I am a printer, of 5, Temple Street, Bethnal Green—on Monday, 21st February, between 6 and 7 in the evening, I was in Hare Street, Bethnal Green, and met the prisoner and two other men—they tripped me up, and as I was falling backwards I received a blow on the back of my neck, which threw me forward—I put my thumb into my waistcoat pocket, and held my watch—as I got up, the prisoner came in front of me and snatched my chain from my waistcoat—it broke away from my watch—I called "Police! murder!" and they ran away—I saw the prisoner two days after at the Spital Square Station, and picked him out from eight or nine other men—I am quite sure he is the man—my chain was worth 2l. 5s.
Witness for the Defence.
PETER PRICE . I am a dock labourer, and live at 16, Wentworth Street—on Monday, 21st February, I was with the prisoner between 6 and 7 o'clock, in the Soup Kitchen, Commercial Street, Spitalfields—he was sitting at my side—I should say it was about 6.30, and I was in his company till 7.20—I often used to meet him there—he lived in the same house with me, and we had tickets—we went every other day when soup tickets were given out—Hare Street is about a quarter of a mile from Commercial Street—a great many persons were at the Soup Kitchen at the time—I do not know that any of them are here—we left together, and I went with him to his mother at Middlesex Hospital—we returned at 8.30.
Cross-examined. Q. Are you a friend of the prisoner's? A. Yes, I live in the same lodging-house—I have had three months at the Thames Police Court, on 23rd April, 1868—that is the only time—I was in trouble before that, but I never had any imprisonment—I was sent to Middlesex on some charge—I spoke to the constable two days after the robbery, and told him I had been with the prisoner to his mother's—I never said a word about the soup kitchen—I did not give it a thought for a moment—I know the time because he told us to be there at that time, and there was a watch at our house.
COURT to E. MACKLIN. Q. Can you fix the time more particularly than between 6 and 7 o'clock? A. It must have been 6.15 or 6.20—I do not
think it had passed the half-hour when I was at the Bethnal Green Station—Hare Street is about five minutes' walk from Commercial Street.
GUILTY — Twelve Months' Imprisonment, and Twenty Strokes with the Cat ,
MR. WOOD conducted the Prosecution.
RACHEL CRABB . I am the wife of Israel Crabb, a fruit salesman, of 11, Ebenezer Square, Houndsditch—the prisoner was in our employment about two months—on 8th October he came to me and said the governor had sent him for 3l., as he had bought extra goods—I gave it him, and did not see him afterwards until he was in custody.
Prisoner. Q. At what time did I come to receive the money? A. Between 2 and 3 o'clock—you did not bring any letter.
ISRAEL CRABB . On 8th October I was at a sale-room that I attend—I did not see the prisoner there—I did not authorize him to go to my wife and get 3l., or any money—I had not bought any goods that day—I did not see the prisoner again till last Friday three weeks, when I caught him in Aldgate, and gave him into custody.
WILLIAM TAYLOR . (Policeman H R 9). The prisoner was given into my custody on 11th March by last witness, who charged him with obtaining three sovereigns by false pretences—he said "He must be a fool to trust me with three quid, he must be sure I should stick to it when I got it."
GUILTY — Four Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution.
JAMES MODNTJOY (City Policeman 78). On 29th March, about 4.30, I saw the prisoner on a van laden with mackerel, on Tower Hill—I saw him taking out mackerel from a box and putting them in his breast—he then got off the van, and threw them behind some sleepers, against a hoarding, and walked away to Lower Thames Street—I followed and asked what he had been throwing behind the sleepers—he said, "Nothing"—I said, "You have thrown some dead fish there, which you took out of a box; come back with me—I took him back, and found three mackerel behind the sleepers.
CHARLES HOLDING . I am foreman to William Rogers, contractor, of 98, Lower Thames Street—on this day I went to Broad Street Station for a van of mackerel, and after they were loaded I went to Tower Hill—the prisoner was with me—I had hired him for the day, as the young man who usually went with me had stopped away—I had not, employed him before—I should have paid him and charged it to the master—I left him in charge of the van while I went to see after my master's business, and when I returned he was gone—I afterwards found he was in custody—he had no authority to take any fish; if he had wanted a couple he could have had them by asking—the boxes were all in good condition when I delivered them, all nailed down—I did not see any broken, and I had no complaint—I can't say if any had been touched—it was the prisoner's duty to have remained with the van till I came back—I was surprised to find him gone.
CHARLES ROGERS . I am the son of William Rogers, of 98, Lower Thames Street—Holding is in our employ—the prisoner had no authority to touch the fish—we had told the men if at any time they wanted two or three they could have them by asking—we lost 60l., last year from losing mackerel.
Prisoner's Defence. The boxes were all nailed with long nails. There
was one on the top of the box; a man asked me for it, and I gave it him, and the policeman took me into custody.
GUILTY . One Months' Imprisonment.
GUILTY — Judgment Respited.
348. GEORGE MOORE (37) , PLEADED GUILTY to unlawfully obtaining, by means of false pretences, a musical box from George Potts, and 103 pieces of printed music from Henry John Reeks, with intent to defraud; and also to having been before convicted in August, 1368— Five Years' Penal Servitude.
OLD COURT.—Thursday, April 7th, 1870.
Before Mr. Justice Lush.
350. JOSEPH OLDEN (27) , Unlawfully attempting to prevent Richard Donald from appearing as a witness, by threatening to inflict personal injury to him. Other Counts—varying the mode of stating the charge.
MESSRS. BESLEY and STRAIGHT conducted the Prosecution; and MR. THORNE COLE, with MR. MEE, the Defence.
WILLIAM CHAMPION . I am chief clerk in the office of the Clerk of the Peace for the County of Middlesex—I produce the recognizances relating to a charge against John and Julia Conway: one of those is the recognisance of Richard Donald, and another of Cory Davey—I also produce the indictment upon which the Conways were tried and convicted, and which was found at the Middlesex Sessions—it is for a common assault upon Richard Donald—the names of the witnesses on the back of the bill are Richard Donald, Cory Davey, John Dorey, James Dunn, Goldiug, and Woodbridge—the trial took place at the adjourned January Session, commencing on the 17th; the recognizances are dated the 8th—I also produce the prisoner's recognizance as bail for Julia Conway—they were also entered into on 8th January.
Cross-examined. Q. Who was bail for John Conway? A. John Conway and Edward Conway—I was present in Court when Mr. Serjeant Cox committed Olden, but I did not hear the entire transaction—he committed him for contempt, upon the supposition that he had given Cory Davey drink to incapacitate him from giving evidence—I was present at the Hammersmith Police Court during the preliminary investigation of this case—a boy named John Dorey was examined there; a companion of Cory Davey, who had been present at Conway's trial—the case with regard to Cory Davey was gone into before Mr. Dayman, at Hammersmith—the evidence of Dorey and other witnesses in connection with that case was struck out by order of the Magistrate.
RICHARD DONALD . I am a broker and appraiser, and live at 78, Bramley Road, Notting Hill—on 26th December last I was assaulted by five or six persons—John Conway and Julia Conway were two of them—I found Julia Conway in custody on 27th December, and John Conway on 3rd January—on 5th January they were both examined before Mr. Ingham—I was a witness on that occasion—I saw Olden there; he was not a witness; he
became bail for Julia Con way—they were remanded until 8th January, and then committed for assaulting me in the public street—on the evening of 5th January I saw Olden at the corner of Silchester Road and Bramley Road, between 7 and 8 o'clock—Lusher was with me—I was walking from my own home, going to see one of my men in possession in Latimer Road—Olden was standing at the corner with two other men, Byron and Herbert—they were the only two persons that were with him then—he was standing on the pavement at the corner—I had to pass in front of him—as I was passing him, he said either "Dick" or "Donald, if you get them b——s convicted I will knock your b——brains in; and as for you, Lusher, I mean to do for you"—Lusher told him not to interfere with him, because if he used any violence with him, if protection was not close at hand, he had one in his pocket, and he should use it to perfection—(Lusher had not been a witness in Conway's case, but I believe he was down in the Court that day)—I saw Rouse there, and saw him go away whilst this was going on—he went and fetched two policemen—Olden said something to them, and they told him to go away; that he was no lamb, and that they were not frightened of him—I got away as quickly as I could—I and Lusher went into the Black Bull to have a pint of half-and-half, and Olden, Herbert, and Byron followed us in five or six minutes afterwards—Olden began threatening me again and using a lot of bad language to us, and saying if ha could not do it he had got eleven brothers that would do it, and they would have their revenge—he kept on abusing me—I stopped in the house till he was gont, for fear he should put his threats in force—Byron spoke to me, but I never spoke to Olden the whole time he was there—I was at the Middlesex Sessions on 18th January—Cory Davey was there—I am not sure whether the witnesses went before the Grand Jury that day or the next—the day after I had been before the Grand Jury I was at the Lamb and Flag—Cory Davey was there and two other boys—I saw the prisoner there in front of the bar, and the boys were with him—Davey was close to him; the others were not so close—I came out of the parlour and said to the prisoner, "Joe, these boys are nothing to do with you; don't interfere with them—he replied "I will knock your f—n eye out, and I have got plenty of quids in my pocket to pay for it," and he put his hands in his pocket and pulled out some gold—I don't know whether the Conways' case was called on that day or not—I saw Cory Davoy after this, about 3 or 4 o'clock in the afternoon, at the Lamb and Flag—he was then very drunk and insensible—I saw Woodbridge, the policeman, trying to bring him round and carry him in—on the following day, Thursday 20th, the Conways were tried and convicted—I believe the trial had been postponed in consequence of Davey's state—I don't know for certain—I believe this charge was made against the prisoner in March—I had nothing to do with taking out the summons against him; I attended as a witness—he was remanded twice, I believe—Rouse was a witness on the 17th—I am not the prosecutor of this indictment.
Cross-examined. Q. How long have you been a broker? A. Five or six years, and before that I was an engineer, working at Turner's, in East Street, Manchester Square—that is over six years ago—I worked there about ten months—before that I worked at Turnmill's, in Welbeck Street, between five and six years—I worked in Drury Lane, about nine years ago, for Cooper's, fixing up a large kitchen—I never had anything to do with brass fittings—this is not my first appearance in a Court of Justice, I have
been at Hammersmith on several occasions on assaults, when I have been assaulted—I am very subject to it—I never had a charge of felony made against me—I swear I never had two years' imprisonment for stealing gas fittings—I don't know much about prize fighting—I know Mr. Marsh, who keeps a beer-shop at Notting Hill—I did not hire a room of him; a relation of mine did for a sparring benefit—it was not hired for another purpose and turned into a prize-fighting room, nor did Mr. Marsh refuse to let us have it again—I never asked him—I know two persons named Tungay and Bowler—I never interested myself in a prize fight between them—on the day Olden surrendered at the Hammersmith Police Court I was with Byron—I did not say to him that I had no ill-feeling against Olden, but this little thing had cost me near 20l., and somebody would have to pay for it; nor anything to that effect—I swear that—I never said to a man named Tame, "Joe Olden has got all these fivers, and I mean having them out of him before long, I mean to serve him as I have served the Conways, if it is five years to come"—I distrained on the Conways once, for rent—they owed about 1l.; but I forgave them the rent on their paying the expenses, and they did not like that—I know the York Hotel—I don't know whether I was there on Saturday night, 26th February; I might have been—I did not say there that I would fight Joe Olden and Tom Barton for all the b——money they could find—something of that kind was said that afternoon—Barton stopped me in the street and threatened what he would do, and I said, "Don't be misled, if you are going to knock me about I shall protect myself," and I pulled off my coat, and he walked away—I was not, on 26th February, at the Station Hotel, with my coat and waistcoat off and my shirt-sleeves tucked up, threatening to fight Olden—he was not there—I was, I had to meet a gentleman there to pay some money to—I had my coat off and my waistcoat—my shirt sleeves were turned down—I swear I did not on that occasion threaten to fight the prisoner and his eleven brothers—I know George Mann—I did not say in his presence that Olden talked about his fivers and five hundreds, and that I meant to have the b——lot of them—I daresay Mann has a little spite against me, because I have distrained upon him—Rouse is in my employment—I have always found him honest—I have heard that he has had a month or something of that—I don't know how many times he has been in prison—I believe he is at present charged at Hammersmith Police Court with stealing a man's watch—that is under the direction of Olden—I am bail for him, and Olden tried to object to it; but the Magistrate overruled him—Rouse is still in my employment—he has to come up next Tuesday to the Hammersmith Police Court—he was not to have appeared there last Saturday, to my knowledge, to answer a charge of assault upon a woman—he did not appear—I believe there was a woman there on that day with Olden, and Olden persuaded her to take out a summons; that is my belief—it was a woman that I distrained upon previously—I did not see Cory Davey continually following Olden at the Lamb and Flag—I did not see the police give him beer on that occasion—I know that Davey said before the Magistrate that Olden gave him beer with gin in it—I know that Rouse was at the corner of the Silchester Road on 5th January—I saw him and another party follow me down the street—I had no conversation with Rouse about the case, between 5th January and Olden's committal—I don't know what Lusher had got with him on 5th January, when we were standing at the corner of Silchester Road—he said he had got something in his pocket; but
I never saw it—I have not known Lusher more than six months—I don't know that he had a life-preserver in his pocket—I did not see him take it out and say to Olden, "This is what I serve such b——'s as you with—I will swear that I heard them having some words at the Hammersmith Police Court—there was something about intimidating a witness there, and Lusher interfered with it, and Olden interfered with him, and talked about breaking him in halves, or something of that—I did not complain to the police when they came up on 5th January—I went away about my business—I went into the Black Bull, and had a pint of half-and-half—I might have stopped there half an hour—Olden and his friends followed me—it might have been a month afterwards that I made the complaint at Hammersmith Police Court—I believe the prosecution was set in motion by the county solicitor—I was sent for the day after Olden was discharged—he had been taken into custody on the day of the trial, for contempt of Court—I am about 5 ft. 7 in. in height—I stand in fear of the prisoner—I know the character he bears—my character is very good—I don't spar—I never took off my coat to spur, to my knowledge.
MR. BESLEY. Q. Why are you afraid of the prisoner? A. Because he is a dangerous character—he is as big as me, and quite as heavy—he would not be particular what he did—he would as lief knock a man down with a brick or a stone as anything else—he has done it—I have known him about twelve months—I have never seen him knock a person about, but I have heard of it—he said at the Hammersmith Police Court that he would break such a b——as Lusher in halves—a tall Irishman was intimidating a witness there—Rouse is under charge about stealing a watch a year and nine months ago—Olden was there the night he was taken—he went and laid hold of him by the throat, and threw him down—that was after Rouse had given evidence against him—I never underwent two years' imprisonment for felony—it is only a trumped-up affair of Olden's—the question was never put to me before to-day—I was Cross-examined at Clerkenwell and at the Police Court, on three or four occasions.
GEORGE LUSHER . I live at 19, Bletchington Street, Netting Hill—I was with Donald on 5th January, at the corner of the Silchester Road, when we came up to Olden and two others—Olden came up and said to Donald if he got a conviction against the Con ways, he would knock his b——brains out—Donald told him he had better be quiet and leave the thing alone, and he turned round on me and said "You Mr. Lusher, I mean to do for you"—Donald told him I had nothing to do with the case whatever—two police-sergeants came up; previous to that, I told the prisoner that if he attempted to use any violence, I had my protection in my pocket, that I should use and use to perfection; it was not a life preserver that I had in my pocket, it was a common constable's stuff—he was very violent in demeanour and language,—we were in the Black Bull a few minutes afterwards—the prisoner came in soon after us, and he commenced upon Donald again in the same language, and said, if he could not knock his b——brains out he had got eleven brothers that would.
Cross-examined. Q. How long have you known Donald? A. Only a very short time, I very seldom meet him, perhaps once in a fortnight—this is the staff I had with me (producing it), it is a common constable's staff, it has the metropolitan stamp on it—in the neighbourhood in which I live I have witnessed so many assaults, that it is quite dangerous to go about after dark—I was afraid of the prisoner and his companions—Lusher is my real
name—I have not gone by other names—I knew a person named Tothill, in 1859—I am not that person, nor Mr. Green, or Mr. Everett—I do not know them, I have not passed by either of those names; I swear that—I am now a machinist, in the firm of Turner & Sons, Praed Street, Paddington—I have never been in the detective force—I was taken to Hammersmith Police Court on one occasion, for getting into a railway train while in motion, to serve a writ; I was fined 1l., and I was sent fur two days on remand to Clerkenwell on that occasion—I know Mr. Penton, a leather cutter at Hammersmith; I was fined 20s., for pledging some boot uppers of his, but I afterwards obtained a verdict from the Magistrate for some things he had detained of mine at the same time—I know Mr. Bendoll, a greengrocer, of Hammersmith; I have an action now pending against him, in the Exchequer—I was charged by him with stealing potatoes, I was discharged; the action never went to trial, I had not the means of carrying it out—I have very often appeared at a Police Court; the last time was last Saturday week, I was summoned for obtaining 7s. under false pretences—some weeks previously I was summoned for detaining a woman's boots, I was ordered to return them within a week and pay the costs, which I did—I did not at Hammersmith Police Court, on the afternoon of 5th January, threaten the prisoner, and use abusive language to him; I swear that—I was not in Court at the time the Conways were commited for trial; I was outside—I did not on 5th January, draw this staff, either partially or entirely from my pocket, and threaten the prisoner with it; I swear that—I did not say "This is what I settle such b——s as you with"—I never used such language; I never use bad language, and never was the worse for drink—I did not draw this weapon from my pocket at the Black Bull, or threaten Olden there—I know Rouse by seeing him the last few weeks.
MR. BESLEY. Q. You say you were summoned for obtaining 7s. by false pretences; when was that? A. It was to have been heard last Saturday week, but they did not appear—I was informed that that charge was made through the prisoner by the person who took out the summons—no such charge was made till after I had appeared as a witness against him.
COURT. Q. Where did you get that staff? A. It was presented to me—I took it with me for my own protection, for fear of being molested by the prisoner or his gang; I always carry it about with me at night.
WILLIAM ROUSE . I am twenty years of age—I have been employed by Mr. Donald nine months—I was near him on the evening of 5th January, between 7 and 8 o'clock, when he was passing the corner of the Silohester and Bramley roads—he was in company of Lusher—I was about twenty yards behind him—I heard Olden say to him, "If you get them convicted I will knock your b——brains out; and as for you, Lusher, I know what I will do for you," or words to that effect—Lusher said "If you interfere with me, I have my protection, and if there is none other near I carry it with me, and I won't forget to use it"—I called the attention of two sergeants of police—I met with them about thirty yards off and I went to them—I was examined as a witness at the Police Court when this charge was made against the prisoner, I believe the 17th was the first day—that same evening I was going to hire a cart to remove some goods, and the prisoner came up to the shop and said "This is the b——man as came up against roe to-day; Bill, I mean to settle you the first opportunity I get"—that was after I had given my evidence at the Police Court, and before I was bound over to appear here—I have had several sentences passed upon
me from below courts for fowls and pigeons—I bad something to do with them—I have had four sentences for unlawful possession of fowls and pigeons, three months, two months, and fourteen days; I have the dates in my book (referring to it); they were in 1866, 1867, and 1868—there were none last year—I have been getting my living honestly since the last time—I then had two months'.
Cross-examined. Q. You were in trouble before 1866, were you not? A. No; I swear that—I was never in a reformatory—the conviction in 1866 was for chickens, at Hammersmith—there was nothing else in 1866—I got the dates from Reeves the warder—I had three months' for that—in 1867 it was for the unlawful possession of some tools—in 1868 I had fourteen days' for the unlawful possession of some croquet balls—I came out in July—a short time after that there was a little matter about some keys; some young chaps found them and threw them down some railings, and I was going to some baths at the time—I knew nothing about them—on 2nd October, 1868, I had two months' for a spirit level—it was given to me by one of the chaps where I worked—on 31st December, 1868, I was charged with stealing some mason's hammers—I was not at the Hammersmith Police Court last Saturday—I did not receive a summons to appear there for assaulting and beating a woman—I am on bail now on a charge of stealing a watch, Mr. Olden says so—I did not sell a watch to one George Hussen for 14s. eight or nine months ago—I know Hussen—he is a chap that has always been about with us—I know a lad named Winkle by being about with him—I don't know whether he gave information about the watch—I have to appear on Tuesday in answer to that charge of the watch—Mr. Donald is bail for me—he knew of all these previous convictions, and he still keeps me in his service—I was summoned as a witness in this came to the Hammersmith Police Court—I had no conversation with Mr. Donald about the case between 5th January and that time—he might have spoken of it.
MR. BESLEY. Q. You were subpœnaed by the solicitor to the county? A. Yes—I was Cross-examined at the Police Court about my past offences, as I have been to-day—it was after that that the charge was made of stealing the watch, a year and nine months ago—Older came to me as I was coming out of a stable, and seized me by the throat, and said to the man, "Here you are, Lynch; here is the b——vagabond that stole your watch, hold him tight: he is trying to do for me, and I will do for him—he took me all through the streets, and danced in front of me, telling me he had got me now, and he would hold me tight—I was taken before Mr. Ingham last Tuesday week—Mr. Donald offered bail for me, and Olden objected and said he was not worth it.
WILLIAM JONES (Police Sergeant X R 4). On 5th January I was with Gaunt, and was called by Rouse—I saw a number of persons, the prisoners Lusher and Donald among them—I should say there were thirty persons there—when I got up, Donald or Lusher, I am not sure which, said that Olden had threatened to knock their brains out—Olden said that Lusher had drawn a life-preserver to him—Donald and Lusher went away in the direction of the Black Bull—Olden went across to the other side of the road, but some three minutes afterwards he followed up the road and three others with him—he seemed very much put out at first—he wanted Lusher's name and address—I told him he knew him perfectly well—afterward he seemed peaceable enough.
HENRY WOODBRIDGE (Policeman X 237). I was a witness at the Middlesex Sessions in the case in which Donald was the prosecutor and the two Conways defendants—I had taken them in custody—they were charged with an assault upon Donald, convicted and sentenced to twelve months' hard labour—I saw Olden at the Sessions House—he had been bail for Mrs. Conway—we went to the Sessions on the 18th—we went before the Grand Jury on the Tuesday, and the case was tried on Thursday—it would have been tried on the Wednesday, if the boy Cory Dayey had not been drunk—I saw Olden and Donald at the Lamb and flag on the Wednesday—there was a squabble between them, what it was I don't know—I told one to go one way and the other the other, and they did.
Cross-examined. Q. Were you at the Hammersmith Police Court when the Conways were committed? A. Yes; I heard the woman cry out as they were being removed, "Oh, what will become of my poor children?"
ARTHUR GRAHAM SAWYER . I am clerk to Messrs. Allen and Sons, solicitors to the County of Middlesex—I took the management of this prosecution—Donald had nothing whatever to do with initiating the proceedings—I summoned him, Rouse, and Lusher as witnesses, from instructions I received from Sir William Bodkin.
Cross-examined. Q. Were you in. Court at the time Mr. Serjeant Cox committed Olden for contempt? A. I think I was, but I am not quite sure—he was committed with regard to Cory Davey, upon the supposition that he had made him drunk—he was confined in the cells there from the Thursday of the Sessions until the first day of the adjourned Sessions—he was not allowed to go out on bail.
MR. BESLEY. Q. Have you seen Davey since? A. I have not.
MR. COLE called the following Witnesses for the Defence.
DAVID HERBERT . I am a milkman, of 9, Barrington Street, Netting Hill—on 5th January I was with Olden, at Hammersmith Police Court, in the afternoon, and heard him and Lusher having words outside the Court—Olden asked Lusher for his name and address, as Lusher said he was a detective, and he asked the summonsing officer if he knew it—he said that he knew his name but not his address—on the evening of that day I was with Olden at the corner of Silchester and Bramley roads, with Byron and Kersey—the prosecutor and Lusher passed, and Olden asked Lusher if he was in the same mind then as he was in the afternoon at the Police Court—he also said, "You said you could lick three or four like me in the afternoon"—Lusher said that he did not fight—they had several words, and he then pulled out his life-preserver from his inside pocket, and said "This is what I settle such b——s as you with"—I heard that distinctly—I was in the presence of Olden and Donald as long as they remained at the corner of the road—Olden uttered no threats to Donald during that time—he did not speak to him—if he had said so, I should think I must have heard him, I was standing close to them—I was standing there when the two sergeants came up—Olden asked the officers to get Lusher's name and address, as he had been pulling a life-preserver out—Donald and
Lusher may have been at the corner of Silchester Road about five minute—I and Byron and Olden went down the road into the Black Bull, and found Lusher and Donald there—Olden and Lusher had a few words there, and something was said about fighting—I cannot exactly say the words, and after that Lusher asked Olden to drink, which Olden refused saying that he only drank with men—I did not hear Olden offer any threats to Donald at the Black Bull—Donald was reading the paper all the time and the prisoner did not speak to him at all—if he had used any threats at the Black Bull, I must have heard him.
Cross-examined by MR. BESLEY. Q. You do not call it a life-preserver, do you? A. They called it one—I never said that it was pulled halfway out of his breast-pocket—I never described it as a constable's staff till to-day; I do not know the difference—not one word was said about "if you get a conviction against the Conways"—I never heard Conway's name mentioned—I said that Lusher told Olden he could lick three or four such men, or that he would not be afraid of three such men—I heard Olden say that Lusher had said so—the police sergeants ordered us all away—I heard a sergeant say "Move on," and that he was no lamb—I never heard a complaint that Olden was violent, and threatening to knock people's brains out—I have known Olden perhaps eighteen months—I first saw the Conways when they were sent for trial to Hammersmith—I know that Olden became bail for them—I borrowed a little money of Olden once.
MR. COLE. Q. Do you owe him any money now? A. I do not think I do—he has borrowed money of me—he is a builder.
WILLIAM BYRON, JUN . I live at 7, York Terrace, Portobello Road, Notting Hill—on 5th January, about 7 o'clock, I saw Olden, Kersey, and Herbert standing at the corner of Silchester and Bramley roads—Donald and Lusher passed just before I got there—they were wrangling, and at the time I came up Lusher pulled a life-preserver eight or ten inches out of his breast-pocket—it did not seem so long as this—I thought by the remark he made that it was some deadly weapon—he said "This is what I settle such b——s as you with"—two policemen came up almost directly, and Olden demanded Lusher's address in their presence—from the time he pulled out the life-preserver till the group separated, I was in Olden's company—I was never away from him—I did not hear Olden utter any threats to Donald, I did not hear him speak to him—when I left I went to the Black Bull with Olden and Herbert—Kersey did not go—we stayed there a quarter of an hour or twenty minutes—Donald and Lusher were there; Donald was reading a paper—I was by Olden all the time—I saw the life-preserver again in the Black Bull, but not much of it—they were wrangling, Olden and Lusher, and he said, "Well, I have got it now; will you have a glass with me now?—he replied "No, I will pay for what I have."
Cross-examined. Q. Were you with Herbert and Kersey and Olden? A. I came up to them at the corner—they were standing still—Donald was not having words with Olden, and I do not think I have said so—not a word was used between them from first to last, either there or at the Black Bull—the eleven brothers were not mentioned—anything you take to protect life is a life-preserver—I did not describe this as "short, a few inches long, and as thick as your fist"—I saw eight or nine inches of it—I believe I said that Lusher drew a life-preserver out of his breast-pocket; I should imagine that it was one, by the length of life-preservers I have seen.
January, about 7 o'clock, I was with Byron and Herbert at the corner of the Silchester Road, standing chatting together—I saw Donald and Lusher pass—Mr. Olden spoke first, he said "Are you in the same mind as you were this afternoon down at the Police Court?"—Lusher pulled out a life-preserver from his breast-pocket, and said "This is what I settle such b——s as you with—he pulled it entirely out—I was on Lusher's right side—I was three or four yards from Olden, but did not hear him say a word—Douald and Lusher walked up the room towards the Black Bull.
Cross-examined. Q. Did you see Rouse fetch a policeman? A. No; the police were there already, they were there all the time I was there—they came across the road to us, and Mr. Byron said "I demand you to to take Mr. Lusher's address—he did not say "You know it perfectly well"—I heard the officer say "You had better get away—he said that he was no lamb—I did not speak to the officers—I cannot say whether they saw me—I first came forward as a witness the first time Mr. Olden was had up at Hammersmith, but I was not called then—there was a remand—I did not see Olden between 2nd and 24th February—I do not know where he was—I had heard of a warrant against him on 2nd February—he told me there was a warrant out, and that he wanted me to give evidence—I was examined on 25th March, but I went there four or five times before that—Olden had called my attention to it before this—no one had called my attention to it since—I had been to Hammersmith Police Court that afternoon—I do not know the Conwaya—I hare not sworn that Lusher pulled the life-preserver right out—yes, he did pull it right out—I described it at the Police Court as being as thick as a man's fist, and having a short handle to it—I should think it was nine or ten inches long.
WILLIAM KNIGHT . I am one of the landlords of the Black Bull, Silchester Road—I remember seeing Olden, Donald, Lusher, and Herbert together in my bar in the Spring—I cannot tell the date, but it was after Christmas, and in the evening—I do not remember seeing Byron—I did not hear Olden threaten Donald—I heard no words between them—I was in the bar the whole evening—it is a large bar—I was only near them at times—I heard no threats from anyone—I could not distinguish the words that were used, but there was some jangling going on and they were ordered to leave.
Cross-examined. A. You did not know what the jangling was about? A. No—I believe Lusher came in first, and was followed by the other two—I saw Donald with a paper in his hand—Olden left first—I did not hear Donald say "You see he has come in to kick up a row," but he may have said it—my partner and myself told Olden to go, because of the words he was having.
COURT. Q. With who? A. I believe with Lusher—I ordered them both out.
MR. BESLEY to WOODBRIDGE. Q. Did you receive this warrant signed by Mr. Ingham? A. Yea, in reference to a charge against Olden for intimidating Donald; it is dated 2nd February, and I got it on that day—I saw him after that date, but he was on horseback and I could not speak to him.
NOT GUILTY .
NEW COURT.—Thursday, April 7th, 1870.
Before Mr. Recorder.
MR. H. GIFFARD Q.C., and MR. POLAND conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Dawe, and MR. STRAIGHT for Bithop
THOMAS BUNGAY (Policeman D 61). On 17th February I received a warrant, and on the morning of the 18th, a little after 8 o'clock, I went to 72, Belmont Street, Chalk Farm Road, and saw a board up, "City Piano-forte Company, Bishop, from Collard & Collard"—I found a pianoforte manufactory there—Osborne, a constable who was with me, took Dawe into custody—I then went to 101, Queen's Crescent, and met Bishop on the way—Griffiths, who was with me, identified him—we returned with him to 101, Queen's Crescent, and Griffiths asked him if he had got any other labels except that of Miller—he said "Yes," and produced two from a little bag, one of Stoddart, and one of "The City Company, from Collard & Collard"—Griffiths asked him if he had not got the name of Collard—he said "No—he asked him if he could not put the name of Collard on it; he said "No, he never did that—I then told him I was a constable and held a warrant for his apprehension, which I read to him—he said, "We never do such things as use Collard & Collard's name; but I have heard that it has been done—I took him in custody, and took him back to the factory, where I asked him if he had any stamps or labels—he said "Yes—there is a sort of counting-house on the ground floor, and on the chimney-piece there I found the stamps produced; this one has "Collard" on it—it appears to have bten blackened—another has the initials "E. B. W.;" another "London;" another "C. P. C.Y." and a small stamp with "Bishop, from" on it, the letters on that have not been blackened; another has "No." for number on it; another with "L;" and another with "Class—I took possession of them—Bishop opened a drawer, and I saw a quantity of paper labels, done up in packets—these are them—here are sixty "City Pianoforte Company" labels, two of "Turner and Bishop," three of "T. Beresford," one of "Joseph Bishop & Co.," one of "Henry Beck & Co.," and one "W. F. Stoddart & Co."—at Bishop's private house I found two of the City Company labels, and one of Stoddart's—workmen were engaged, and pianoforte being made at the warehouse.
GEORGE OSBORNE (Policeman D 219). On 17th February I received a warrant for Dawe's apprehension, and on the morning of the 18th I went to Belmont Street, and found him in the yard of the factory—I read the warrant to him and took him into custody—he handed me a circular and said, "If anything was doue contrary to that it was done contrary to my wishes and instructions."
EDWARD SMITH . I am employed at the establishment where the two prisoners were—I went to work there as a French polisher in October last—Mr. Bishop assumed the charge of the business, and Mr. Dawe appeared to act as secretary—no one else gave orders—I have seen Mr. Bishop use this stamp with "Collard" upon it—I left the week after Christmas, and during that time that stamp was generally used; but one man, who lives at Wood Green, objected to it—it used to be blackened over the gas, and Mr. Bishop used to hit it with a hammer—I have seen Dawe there repeatedly when that was done—the pianos were stamped on the rest-plank—one day I was in the show-room, and the man who lives at Wood Green came in—Mr. Bishop was just going to stamp a piano with this stamp, and the man said, "I do not care about it being stamped with this, there will
be a disturbance about it some day"—I do not know his name—Mr. Bishop laughed and said, "Some people will not have them unless they are stamped"—I often blackened the stamp with "Collard" on it, and one day I took up the small stamp with "from" on it, and was going to blacken it, and Mr. Bishop said, "Do not do that, that will spoil all, give it to me—I have put different labels on the falls of pianos manufactured there—they are put on the polish—about two pianos a week went out without any labels on the falls—they had this stamp of "Collard & Collard on the rest-plank, but no label on the fall—I remember a piano being on the premises with "Smith, from Collard & Collard" on it—it came in about a fortnight before Christmas—Bishop said to me one day, "I want that polished," and Mr. Dave said that I was to do it very nicely—I got some soda and washed it—it was a square label, gold with a black ground—next day I noticed that "Smith, from" was blackened over, and it then stood, "Collard and Collard, London" on the fall—the paper labels are always put on the fall—I said to Dawe, "Who has done this?"—he said "It does not matter, Mr. Bishop has done it"—I said "There will be a disturbance about it if it is known"—he made no answer, and I said "Shall I go on polishing it?"—he said "Yes, and make a nice job of it"—I finished it—when it was finished that label was on it—a gentleman afterwards came and looked at it, and in the evening another gentleman came in with Mr. Dawe, who asked him either 18l. or 28l. for it, I do not know which—the fall was lifted up, and it had "Collard & Collard" upon it, and Mr. Bishop turned round to me and laughed—I did not see my more of it, as it was Christmas then—no person named Caldwell was working there, as far as I know.
Cross-examined by MR. M. WILLIAMS. Q. How long were you working for Worley? A. About twelve months—I was employed by him, and be worked for Bishop—I did not think I was doing wrong in blackening this stamp, because they have stamped them so long—I merely blackened it.
EDMUND DOWLING . I am in the service of Collard & Collard, piano-forte manufacturers, 16, Grosvenor Street, and 26, Cheapside—their pianos have "Collard and Collard, London," on paper on the falls, varnished over—this stamp "Collard" we put upon the rest plank; we then put" and," and then the stamp is repeated—when you open the piano you can see the name inside, in the same part as it is in these pianos produced—I went to Belmont Street and saw a board up at the end of the street—this (produced) is a photograph of it—I found a similar board outside—on 28th January I went inside and saw Mr. Dawe—I told him I came in the way of trade to purchase a pianoforte—he showed me two—one of them was stamped "Collard & Collard" on the rest plank, in the same place where our stamp is—it was one of the pianos which are here—there was a label ou the fall, "Caldwell, from Collard & Collard"—I asked the price—he said 16l. 10s., and I agreed to take it—he gave me this circular and paper. (That contained the prices of pianos, and was headed "G. Daw, Proprietor;" I paid 1l. deposit, and Dawe wrote this receipt, headed "To G. Dawe" and signed "Paid 1l. deposit, G. Dawe")—I saw him write it—I arranged to fetch the piano away next day—another piano was shown to me, stamped and labelled, which I did not entertain—I asked Dawe if he stamped all his pianofortes "Collard & Collard"—he said "Yes, we can do so because we are from Collards"—I said "I suppose that adds to their value considerably?"—he said "Yes, at least 25 per cent."—I told him I thought so, too—I went
next morning, paid the rest of the money, and he gave me this receipt for piano No. 45361 (produced)—Messrs. Collard have a very high number, 88,000—I asked Bishop if the pianoforte was ready for delivery—he made some little objection to my having it, on account of the misfitting of the upper part, but I said that I had no objection to that, and took it away—I went there again on 8th February and saw Bishop—I told him I wanted another pianoforte—he showed me three—I asked if I could have either of them—he said yes, they were sold, but he would let me have one—I selected one not stamped or labelled—(the other two were stamped "Collard & Collard")—I asked him if he would prepare it in his usual way, I said "You will stamp it with Collard & Collard on the rest plank," and told him I did not require a name on the fall, giving as a reason that Caldwell was not a saleable name—he showed me several name papers that I might select from, and said that at his house at Queen's Crescent, where he advertised them to be sold from, he had a label of Collard & Collard in old English, and also "Bishop from" in smaller type above it, and I might have one of those—I declined that offer, and preferred the piano without any exterior name or name paper—he said "Very well, you can have it so—about a dozen different labels were shown to me—I went again at 7 o'clock in the evening with a man, and saw the two defendants together—I asked if the piano was ready—they said "Yes"—I looked at it and found it was stamped "Collard & Collard" as I desired, and there was no name on the fall, but there was "C. P. Company "in the corner—I paid the 16l. 10s.—the number was 45,383—Dawe gave me this receipt (produced)—I took the piano away to Messrs. Collard's premises in Grosvenor Street, and next day my attention was called to a mark which I now make out as "E. Bishop, from—I looked at it three or four times before I found that out, and a dozen other people, perhaps, had looked at it—Collard's label is on the fall in old English, with "London" on it—I have never seen either of the prisoners before in Messrs. Collards' service—I am engaged at Grosvenor Street, and have been thirty years.
Cross-examined by MR. M. WILLIAMS. Q. Do you pledge yourself that neither of them were in Messrs. Collards' service? A. To the best of my knowledge—it was not part of the directions I received to ask them to stamp it "Collard & Collard," but it was nothing more than they promised to do—I paid for the pianos with Messrs. Collards' money—they sent me to buy them.
Cross-examined by MR. STRAIGHT. Q. Have you anything to do with the factory in Yovil Street? A. Not for twenty years—if Bishop was employed there, I should not kuow it—I said that I wanted them for the purposes of trade, and that I was in the trade.
MR. GIFFARD. Q. Why did you ask them to stamp it "Collard & Collard?" A. Because on the first visit Mr. Dawe said that they stamped all their pianee so, as it enhanced their value 25 per cent.—I do not know any person named Caldwell in Collard's service.
COURT. Q. You do not know who is employed at the factory? A. I know a considerable number of them.
GEORGE GRIFFITHS . I am manager at Collard & Collard's manufactory, Camden Town. I have been in their service twenty-five years—I was a workman seven years, and worked my way up—I have no recollection of either of the prisoners during that time—neither of them occupied any position in the factory—I knew Caldwell, a workman in the key-making
department—he left about six years ago, and joined the Army—I designed the pattern of these two pianos—this is the swan-neck pattern—all our pianos are stamped in the factory, and in case anything happens to the fall, there is a mark inside—I saw these pianos at Grosvenor Street, and when my attention was called to it I noticed the "E. Bishop" on them, but it is very indistinct.
Cross-examined by MR. M. WILEIAMS. Q. Do you send out invoices with pianos? A. Yes—we are not the only persons who make swan-necked pianos—every one copies Collard & Collard—we do not prosecute them, but we ought to have done so long ago—Collard & Collard have two manufactories—the upright manufactory is under my notice—I have nothing to do with the other.
Cross-examined by MR. STRAIGHT. Q. How many people do Messrs. Collard employ in their manufactories, town and country? A. About 600—I do not keep all their names in my mind, but we do in our Books—the books are not here.
MR. GIFFARD. Q. Are these pianos made by Collard & Collard? A. No—they are very inferior.
The Prisoners' Statement before the Magistrate: Dawe says "I had no idea that I was doing wrong in the course that I was pursuing; these stamps having been used for upwards of three years before I had any connection with the business, and nearly two years since. Had Mr. Collard ever communicated by a note or otherwise that I was infringing on his name, I should immediately have put a stop to it The instruments were never represented as Collards' manufacture, as our label would clearly denote it as the City Pianoforte Company, and the receipts given for all instruments have no mention of Collards' name whatever, only the City Pianoforte Company." Bishop says "I had no intention of doing anything wrong, as my berth is no better than a journeyman's. The journeyman in the same employ receives more salary than I receive. I won't use the name any more, as far as I am concerned. With respect to the stamps, the stamp man knows the dates when they were purchased."
GUILTY Strongly recommended to mercy by the Jury. —They received good characters. Two Months' Imprisonment each
MR. BESLET, for the Prosecution, offered no evidence against Manning.
NOT GUILTY .
The trial of Edwards was postponed to the next Sessions.
MR. MOODY appeared for the Prosecution; and MR. KELLY the Defence.
There being only one witness to contradict the alleged perjury, the Court considered that that would not be sufficient to convict the prisoners, and therefore directed a verdict of
NOT GUILTY .
THIRD COURT—Thursday, April 7th, 1870.
Before Mr. Common Serjeant.
MR. F. H. LEWIS conducted the Prosecution; and MR. THOBNE COLE the Defence.
PHILIP PAVIA . I live at 6, Warwick Court, Holborn—I have lived there twenty years, and am a wholesale perfumer—I am seventy-three years of age—the three prisoners rented the front kitchen from me for 5s. a week, as a workshop—I let it to the elder Head—they did not pay the rent, and I gave them notice to quit after the first week—that was about five weeks before the assault—I gave Frost two notices to give to Mr. Head—they still remained on—I could not get the rent, and I put the broker in—I went to bed on the 23rd February, about 11.30, after fastening up the house—I heard several persons going in and out during the night, and about 2 o'clock I fell asleep—about 3 o'clock I heard a knocking at my bedroom door—I said "Who are you, and what do you want?—the younger Head said, "My father, Mr. Head, wants to speak to you"—I said "It is not the hour to come; tell your father to come tomorrow morning, and I will talk with him"—the father then came close to the door and said, "Mr. Pavia, be so kind as to open the door for a few minutes, because I have something of great importance to tell you—I repeated the same to him, and told him to come to-morrow—he said "It will be too late to-morrow; you will repent; open the door for a few minutes and you will be satisfied"—I knew the voices of the two Heads, and I opened the door a little way—as soon as I did so I received several blows on the head—about ten, I think—I fell down at the last blow—I was struck with the leg of a chair—I cried "Murder!" and "Police!" and they gave me another blow, and I fell on my knees quite unconscious—I lost I don't know how much blood—the father struck the ten blows—Frost struck me the last blow and then they went away, leaving me as dead—the younger Head stood opposite the door, looking on—I lost a great quantity of blood; all my shirt was red—I was attended by a doctor—I don't know his name—about half an hour after the assault the elder Head was afterwards brought to my bedside by a constable, and I said "That is the man that struck me"—the leg of the chair laid on the chair at the side of the bed, and the policeman asked the father if he knew it, and he said "Yes, it belongs to one of my chairs in the kitchen"—I was in bed for four days, and when I got up I was so weak I could hardly stand.
Cross-examined. Q. You say you heard several persons go in and out? A. Yes—I did not go to sleep till 2 o'clock, they made such a noise—Sarah Jones is my housekeepor—she had lived with me about eighteen years—I never saw her the worse for drink—the two Heads were printers—they rented this workshop at 5s. a week; they never paid A penny—when the policeman asked me who struck, I did not say I did not know, I said Head senior—I said "I am dying, and the man in the kitchen has murdered me"—the prisoner Head Iws lost a little boy—I did not know there was a little child dead in the house when the constable came—I was awoke by the knock at the door—I had been asleep since 2 o'clock.
MR. LEWIS. Q. You say you knew the younger Head by his voice? A.
Yes, and the elder Head, too—I am quite oertaiu I saw all three of the prisoners when I opened the door and they came into the room—the eldest Head came into the room, and the young one was outside, opposite the door.
SARAH JONES . I am housekeeper to Mr. Pavia—about a week before 23rd February, a notice was given to Frost to give to Mr. Head—I went into the kitchen to get some water, and Frost said the old man could not live long; he should like to give him a bit of this, and he took the knife out of his pocket—he said so to young Head—I told Mr. Pavia of it—I told Frost he had better keep his knife to himself—on the morning of 24th February I was awakened by hearing cries of "Murder?"—it was about 3.30—I got up and went down stairs—I saw young Head in the passage—I went in the parlour, where the cries came from, and saw Mr. Pavia there—he was covered with blood, like a slaughtered bullock—he was standing, leaning on the mantelpiece—he said the man in the kitchen had murdered him—I ran out into the court—I saw young Head in the passage as I came out of the parlour—he was dressed—I said "You know all about it," or something to that effect—I was so excited I don't know what I did say—he said, "You are in a fearful way, to be sure"—I ran into the court, and called "Murder? and "Police!" and young Head said "I will go for the porter at the gate," and he ran for me—I did not go into the kitchen—I was too frightened—the boy ran to the porter, and he came back with two policemen.
Cross-examined. Q. Were you aware that young Head went to his work as a printer, about 2 o'clock that evening? A. Yes, he came in the parlour and asked me for a light—I went to bed about 11 o'clock—I don't know that he worked up to 6 o'clock that morning—he was at work when I went to bed at 11 o'clock—I saw him when I came down, and found my master covered with blood—I did not see the'elder prisoner or Frost—young Head volunteered to fetch the porter and to get a policeman—there were other lodgers in the house, Mr. and Mrs. Dean—they have left now—Mrs. Grace also lodged here with her mother—Mr. and Mrs. Dean lodged on the second floor—it was a wet night; but it came out starlight afterwards—I saw young Head in the passage when I came down—it was light enough then.
MR. LEWIS. Q. Did any of the lodgers come down? A. Mr. and Mrs. Dean came down after me and Mrs. Grace, when I went out into the court and cried "Murder!" and "Police!"
WILLIAM HALSE (Police Sergeant E 9). About 3.30, on the morning of 24th February, I was called to 6, Warwick Court, and in the back parlour I found Mr. Pavia bleeding from several wounds in the head—from what he said to me I went to 54, Gloucester Street, Queen's Square, and there saw the elder Head—I asked him if he knew Mr. Pavia, of Warwick Court—he said "Yes, he is my landlord"—I said "He has been assaulted, and he says you are the man that has done it—he said "What time did it happen?"—I said "Only a short time ago, about an hour—he said "I was in bed before 10 o'clock, and can prove if—I said "Well, you must come with me to Warwick Court"—he said "Very well"—he went with me to the bed of the prosecutor, who identified him—this chair-leg was lying by the bedside—Mr. Pavia pointed to it—at the station Head asked to be allowed to look at it—it was shown to him, and he said "I dare say it is one of those that was down stairs amongst the old lumber"—it was covered with blood.
Cross-examined. Q. It was found in the same place where the man was assaulted? A. It was—it was about an hour and a quarter or an hour and a half, after the assault, I took the elder Head to Mr. Pavia's bedside—Mr. Pavia never said he did not know who it was—young Head gave me his father's address—Mrs. Jones was very much excited and confused—she was partly dresbed—Mr. Head was not in bed when I went to his house—he had his shirt and stockings on—he was in his bedroom—his wife was there.
MR. LEWIS. Q. What did Mr. Pavia say as to who struck the blow? A. He said Mr. Head was one and the workman was the other—he did not mention Frost's name—he pointed to young Head and said, "That was one of the murderers—young Head was standing outside the door then—Mr. Pavia went before the Magistrate on that day week, the 3rd March.
DAVID LATTO (Policeman D 144). I was fetched to Warwick Court—Mr. Pavia pointed to the younger prisoner and said, "That was one of the murderers"—he said "I know nothing about it, I heard the cries of 'Murder!' and I went up to see what it was"—I afterwards fetched Mr. Helsdon, the doctor—I took young Head into custody, about 4.30, an hour after I had fetched the doctor—I showed the leg of the chair to him, and asked him if he knew anything about it—he said "Yes, that belongs to the kitchen, that belongs to my father—I asked him how it came in Mr. Pavia's bedroom, and he said he did not know how it was fetched up there at all.
Cross-examined. Q. Did you eiamine the prisoner's clothes at the station? A. They were examined—no blood was found on either father or son—young Head was calm in his manner—Mrs. Jones was very excited.
FREDERICK ANTHONY HELSDON . I am assistant to Mr. Roberts, of 11, Conduit Street—on the morning of 24th February I was called to see Mr. Pavia, and found him suffering from severe contused wounds on the head—they could have been caused by such an instrument as the leg of a chair—they were dangerous wounds at the time, I expected he would have died—he was out of danger on the 10th March—he appeared to have lost a great deal of blood when I saw him.
Cross-examined. Q. Did you attend him regularly? A. I did—he kept his bed for five days.
COURT. Q. Supposing those wounds to have been inflicted on him, would there be any marks of blood on the clothes of the person inflicting them? A. I think not, they are contused wounds, and there would be no spurting of blood—for a man of his age he has a quantity of hair.
Frost's Defence. I went to work about 7 o'clock in the morning, at 6, Warwick Court. Mrs. Jones opened the door and asked me how it was I had been knocking the old man about. I said, "What old man? She said, "Mr. Pavia." I was then told that the father and son were locked up for knocking Mr. Pavia about with a stick. I said, "Nonsense, I was not there till after 7 o'clock."The policeman saw me going to work.
HEAD— Eighteen Months' Imprisonment. HEAD the younger— Six Months' Imprisonment. FROST— Fifteen Months' Imprisonment.
MR. COOPER conducted the Prosicution; MR. KELLY defended Street, and MR. THORNE COLE defended Williams.
ALEXANDER MATON . I live at 52A, Southgate Road, and am a boot and shoe maker—on 8th of February I left my shop safe at 9 o'clock, haying fastened the street-door and windows—at that time there were 240 pairs of boots and some raw material in the shop, of the value of about 100l.—no one slept on the premises—next morning about 8.30, upon going to the house, to found the door bolted inside—I got in by the skylight and found all my property gone—the place was perfectly ransacked—the hasp of the lock was broken off, and the bolt was placed so that when the door was closed the bolt dropped into the socket—I usually kept that bolt up—I have seen tome boots since the robbery—they formed part of the property I lost—they had never been sold—they were in the shop on the night I left it safe.
Cross-examined by MR. KELLY, Q. How can you speak to those particular boots. A. This pair belongs to four pair that I had in stock—I saw them on the night I closed my shop—I bad cleared my window that day, and they were in the window—I had cleared my window in the afternoon—no one else attended to the shop on this day but myself—my wife does sometimes, she was ill that day—there was only one boot left after the robbery, that was an odd one which had been a sample.
GEORGE SILVERTON (Police Inspector). On the morning of the 9th February, from what I heard, I went in searth of the prisoners; and on the 23rd, about 10 o'clock at night, I apprehended all of them—I went to Street's lodgings and there found the boots produced—Street was than in custody—I saw a man named Bitambo about two days after the robbery, and he made a communication to me—he described three men to me, and from that description the three prisoners were taken—I apprehended them at night, and the next morning I placed them with thirteen other men and then sent for Bitambo—he was brought in, and picked out Williams first, Street second, and Sherin third—I then said to him, "Is there anyone else you know?" and he said "Yes, one," and he picked out a policeman whom he knew.
Cross-examined by MR. KELLT. Q. When you went to Street's lodging, who did you see there? A. His wife—when I found the boots she said she bought them; they appear to have been worn—the childrens' boots also appear to have been worn—I saw some children there.
Cross-examined by MR. COLE. Q. Were the persons you placed them with taken from the street? A. Some of them—there were three or four officers in plain clothes—we made up as large a circle as we could—there were some respectable men there—I went out and asked them to come in, and told them what I wanted them for.
FREDERICK BITAMBO . I live at 15, Queen Street, and am a bricklayer—about 5.45 in the morning I was going to my work—as I passed Mr. Maton's door I saw three men—two were standing at the door—one was doing something to the door where the lock was—the third man was standing in the road—I took a good view of them and left them there, and went to my place—I saw their faces—the three prisoners are the men I saw at Mr. Maton's door—I am quite sure of that—I was close to them as I passed—I saw a constable in the evening, and told him what I had seen—I gave a description of the persons as well as I could, and after that Mr. Silverton came to me and the gentleman belonging to the shop—I went to the police-station.
a good bit after that—I waited in a room till they called me out to look at a lot of men, and I picked out the three prisoners as the men I had seen at the shop—I am quite sure they are the men—I picked out another man who I had known as a policeman.
Cross-examined by MR. KELLY. Q. This was 5.45 in the morning? A. Yes—it was not dark then—I thought there was something wrong—I thought they were breaking into the shop—I did not go and give information to the police because I had not got time—I had to be at my situation at 6 o'clock, and I gave information after—I might have been knocked down if I told anyone then—I looked for a policeman but did not see one—I did not meet one from the time I had seen these men till I got to my work—if I had I hould have told him—I had a full view of the men as I went along—they turned round as I came along and I saw them then—when I picked out the policeman I did not point to him as one of the men—I was asked if there was anyone else I knew, and I said "Yes—I did it as a laughing matter—I spoke to the police in the evening—I had heard cf the robbery then—when I went to the station I knew I was to pick out the three men I had seen at the shop—I did not pick out the policeman first, but I picked him out for a lark—I don't know whether it was a fitting occasion for a lark.
Cross-examined by MR. COLE. Q. Did you ever go up to anyone and mistake them for au acquaintance? A. No—not in the whole course of my life—I won't swear I have not.
MR. COOPER. Q. How far had you to walk from Mr. Maton's shop to your work? A. About a quarter of a mile—if I had seen a policeman I should have told him what I had seen.
Sherin's Defence. I know nothing about it.
SHERIN and STREET— Six Months' Imprisonment each. WILLIAMS— Nine Months' Imprisonment.
356. BENJAMIN WILLIAMS was again indicted, with MARTHA JEFFRIES (29) , for feloniously breaking and entering the dwelling-house of William Moon, and stealing a coat, a timepiece, and other goods, his property.
MR. COOPER conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS MAVEETY (Detective N). On 16th March I took Jeffries into custody, and charged her with being concerned with Williams in breaking and entering the dwelling-house of Mr. Moon, 2, Nelson Terrace, Hackney Wick, on Christmas Day, and stealing a large amount of property from there—she said she knew nothing of it—I then told her that I had found a coat and pair of trowsers pawned at Bradbrooke's—she said "I know nothing of it; I did not pawn them—I took her to the station, and she handed me two keys—a street-door key and a room-door key—she gave me her address, 10, Collins Street, Bethnal Green—I went there, and opened the room-door and house-door, and found four duplicates—she said she had been living with Williams regular for sii weeks—Williams told me he lived with Jeffries, and gave his address, 10, Collins Street—I did not take him.
GEORGE WEBB . I live at 525, Hackney Road, with my father—late one night I saw a man being taken away in a cab from about the middle of the Hackney Road—I picked up a little parcel about two yards from where
the cab stopped—I took it to my mother—it contained different coloured tickets.
GEORGE SILVERTON (Police Inspector)—I received the duplicates from the sergeant at the station, who had received them from Mr. Webb—two of them related to a coat and trowsers, one in the name of Jeffries, and the other Jenkins.
JOHN WILTSHIRE (Police Sergeant 42). On the evening of 23rd February I apprehended Williams on another charge—he struggled a great deal—as I was putting him into a cab, I saw him throw something away—I took him to the station, and then told him he had thrown something away—he said "I have not"
FRANK BAKER . I am in the service of Mr. Bradbrooke, pawnbroker, Bethnal Green—I produce a coat and a pair of trowsers, pawned on 28th December for 10s. and 5s.—one was in the name of Jeffries, and the other Jenkins—I don't know who pawned them—I know this watch—it had been pawned more than once, and redeemed by the female prisoner—I believe it was found on Williams.
ESTHER MOON . I am the wife of William Moon, and live at 2, Nelson Terrace, Hackney Wick—on the Wednesday before Christmas Day we left the house, and went away to spend Christmas—no one was left in it—I left a coat and waistcoat and other things there—they were safe when I left—I returned on 27th—it had been entered, and a great many things gone, to the value of about 3l.—the lock of the front door had been forced—I have seen this coat and waistcoat—they were in the house when I left.
THE COURT considered there wai not sufficient evidence against the prisoners.
NOT GUILTY .
MR. COOPER, for the Prosecution, offered no evidence.
NOT GUILTY .
JOHN WALTER . I am officer of the Shoreditch County Court, in Old Street Road—I was in Court on 24th February, when an action was tried between Edward and Isaac King, plaintiffs, and John Porter, the defendant—I administered the oath to the defendant—Mr. Daseut was the Judge.
JAMES PORTER . I live at 28, Bower Road, Victoria Park, and sun a cabinet manufacturer—I was summoned to appear at the Shoreditch County Court, on 27th February, for 6l. 10s., by Edward and Isaac King, said to be owing to them—one of the items in dispute was the delivery of 1000 bricks to me on 8th October—the defendant was called to prove the delivery of the bricks—I heard him examined and give evidence, and heard him swear that he delivered 1000 bricks on that day to Charles Cooper, a man who he stated was working for me on the premises on
that day—Cooper was not working for me on the premises that day—he had worked on the premises for his brother—his brother took the work—he worked for his brother—he ceased to do so on 18th September—he had not worked on the premises from that time till 8th October—it was the custom for tickets to be left with the bricks, and I signed the counterfoil—no ticket was produced when the action was tried—they stated they had it, and it was adjourned for them to produce it, and afterwards they did not produce it—I did not have 1000 bricks delivered to me on that day.
Cross-examined. Q. You were indebted to Messrs. King, were you not; the sum they claimed from you in this action was 6l. 10s.? A. Yes, very likely, for bricks, commencing in September and going on to 9th October—I am looking at the bill that was sent to me—there was a claim of 6l. 10s. made by them upon me for 500 bricks, delivered on the 2nd, 500 on the 22nd, 1000 on the 29th, 500 on 1st October, then the disputed 1000 on 8th October, and 1000 different sort on 9th October—I admit them all, with the exception of the 1000 on 8th October; but there was an overcharge of 4s.—I admitted every item except the one of 8th October—I had offered, if they deducted the 4s., to pay them 6l. 10s., taking off 4s.; then I left the money without looking at the tickets, as they told me they wanted the money by a certain day, and I had not examined the tickets when I left 6l. 6s. with my wife for her to pay them—that was in the middle of December—the account was sent in in the middle of December, the account you are now reading from—that contained the 1000 bricks on the 8th—I had never looked at it with the tickets; I had never seen the tickets—the counterparts of the delivery tickets were filed, and I had not examined them till after Christmas—I saw the account and left the money, less the 4s.—I had not doubted the delivery of the 1000 bricks—the reason I doubted it afterwards was because I did not find tickets to the amount of 6l. 6s., and then I asked for this invoice, and compared them, and found I was deficient of the ticket for 8th October—I have got the tickets for all the others; they were all filed—my only reason at first for disputing this was because I did not find the ticket here—if I had found the ticket I should not have examined further—I understood that they refused to take the 6l. 6s.—I was present at the County Court when Asser gave his evidence—I heard him say that be remembered on 8th October taking 1000 stock bricks to my premises in Bower Road, the Coopers were working there at the time; Charles Cooper received them from him, and assisted him (Asser) to unload them—Cooper, who took the contract, was his brother, for whom he was working—neither of them were working for me at that time—they were working for me; his brother was working for me under an agreement that I have here—Richard Coaper continued to work for me until 2nd October—Charles Cooper is the other defendant—I know he left on the 2nd because I have the receipt here for the money I paid him, and I paid him 10s., for which I have not got a receipt, on 2nd October—I know it was on the 2nd, because it was the following Saturday night to a receipt I have here, and I paid him every consecutive Saturday night—the 2nd was a Saturday—I am certain it was the Saturday following the one for which I hold a receipt here—you will find the date of one is the date of the agreement—he worked one week before the agreement was made—I don't think the last here is 18th September—the date of the last receipt I have got is 25th September—that was a Saturday—next week I paid him the balance
that was due to him, which was 10s., and he gave me no receipt—I saw him on Monday, the 4th; he was then moving away his scaffolding from the place—he was there on the 4th, working for himself—he was there perhaps an hour; he had a carman to assist him, James Tarbard—there was a man named Lea there, not assisting him, and I was there—that was on Monday, the 4th—he did not come on Tuesday—I am sure of that—to my knowledge he had removed all his things away on the 4th—his brother was working under him—when bricks are left, the usual custom is that whoever receives them should receive a delivery-note, see that the bricks are right, and either sign the note or get it signed, and return it to the carman—I have the portion that is left—that is not signed—the port that is returned is signed, and the other left, and I file them—when I was in the way I signed them, and my son when I was not—if they are not there they are left till someone is there; but these bricks never have been Left—if I or my son were not there they would have been undelivered—they deliver the note before they unload the bricks—it was impossible that they could be delivered and no one there—if nobody was by, the receipt would be left—that has never happened in my case, so far as I have been concerned, on my premises—I could not tell about other people—it has never happened that I and my son were not there, and they were obliged to leave the note till some subsequent occasion—I mean to swear that—if there was no one on the premises the tickets would be brought up to the house, where myself or my sons would be sure to be—they would be left until they had gone and unloaded the bricks, and they would come and receive it—if there was no one there to sign them, they would not leave them, they would be forwarded to me or my sons—they would receive the ticket—I know that they have not applied for the receipt-note for this 1000 bricks—they stated they had done so, and I have made every inquiry—I heard them state that they had done so, at the County Court, John Asser stated it, Cooper did not—Asser said that he had frequently applied for the delivery-note—he said he had come for it, and I bad sent him word that I was too much engaged to attend him, he must come another time—that was what Johu Asser swore—I hare a little girl with my wife, named Jane Greenwood; she is here now—she was not examined at the County Court—I am a cabinet manufacturer—in that part of the country building is included in that; we are builders and cabinet makers—I was building a workshop.
MR. M. WILLIAMS. Q. My friend confused the two Coopers; there is Richard Cooper and Charles? A. Yes—Charles is the one who swore he was my workman, he ceased to work for me on the 18th September; it was Richard who was last on my premises on 4th October, and during the whole of the time Charles Cooper was there there never was a brick delivered on my premises—it was impossible that the ticket could have been left till the bricks were unloaded—they would then come from those premises to those two or three doors off, and I or my son would sign the counterpart—my sons are here; there are two, George and James—they are both in my business.
GEORGE PORTER . I live at 30, Bower Road, Victoria Park, and work for my father—I was at the Shoreditch County Court on 4th February, and heard Asser swear that he delivered these bricks on my father's premises on 8th October—I was there on the 8th October, the whole day—no bricks were delivered on that day—Charles Cooper was not in my father's employment at that time.
Cross-examined. Q. Were you examined at the County Court? A. Yes—I was on the premises all day on the 8th October—I might have been away two hours for meals—but during that time they would be away, too—bricks were delivered on the 9th—I was there—I saw the 1000 bricks delivered on Saturday, the 9th, in the afternoon—I did not sign the receipt note—I can't tell you who did, it might have been my father or my brother—we had a lad in our employment named Cooper—he looked after the horse—he was there on the 4th—we have had three Coopers in our employment—the tickets would show who received the bricks and signed them—it would be either my father, brother, or myself—I could say who received the bricks by seeing the counterfoils—I was not on the buildings so particularly till after the Coopers had left—after they left I was there more than on any other occasion, because there was work to do which they had left undone—the bricks would not be received by anyone but my father and brother, if I was absent—they were ordered not to leave the bricks without the tickets—we did not get bricks from anyone else but Messrs. King—they were for building a workshop—I know a person named Mary Ann Lea—I met her after the trial in the County Court, and she asked me for some money that was owing to her—I did not tell her that I was going to Mr. White's to find out something against Cooper, and if I did it would be very hot against him—she said "Do you really believe that your father had the bricks;" and I said I most certainly believed he did not have them—I did not say "Of course I believe so, but it won't do for me to say so, as you know how I am situated with him, and am obliged to hold a candle to the devil"—I did not make use of any such expression, it is a barefaced lie; if we were under the impression we had received the bricks at all we should not dispute paying for them.
MR. M. WILLIAMS. Q. At that time Cooper was not in your employment at all? A. No.
JAMBS PORTER . I am the prosecutor's son—I remember a man named Charles Cooper working on our premises—he was not at work there on the 8th October—1000 stock bricks were not delivered to us on that day—the materials that the Coopers had been using had been removed from the pre-mises on the 4th—Charles Cooper had left the service about a fortnight or three weeks previous to that.
Cross-examined. Q. The bill was sent in in November? A. I don't know when it was sent in, I did not see it till the trial at the County Court—I heard that they had charged 1000 bricks too many—that was previous to the action—it was on the day my father wrote a letter—I can't tell you what day that was—I took a copy of the letter—I should think it was more than a fortnight before the action—1000 bricks were delivered on the 9th, and they were the only stock bricks—it was on the 8th my father ordered the bricks that came on the 9th—there was a little boy named John Cooper with us on the 8th October—he was twelve or thirteen—Richard Cooper removed his scaffolding on the 4th—I know the defendant Asser—I have seen him a great many times—he delivered most of the bricks at our place—father was generally there when the bricks were received—if he was not there, either my brother or I would be—we never were all absent—supposing we were not there, someone on the premises would receive them, I suppose—father keeps the bills himself in the counting-house—I never heard the delivery-note applied for until we were at the County Court—that was the first time there was any dispute about the 1000 bricks, when father looked
through the delivery-notes and found out about it—that was before the Bummons, and after the account had been sent in—I have heard that six guineas were offered, and they would not take it.
FREDERICK BURGESS . I live at 216, Blackthorne Street, and am a brick-layer—in the month of October I was in the employment of Mr. White—I have been there twelve months now—I know Charles Cooper; he was at work at Mr. White's in October—he was pointing, in Queen's Terrace—I can't say when that was—he was working with me—Philips kept the time-sheet—he was the foreman.
WILLIAM PHILIPS . I am foreman to Mr. White, of White Post Lane—this time-sheet is in my handwriting—I take it down every night—I took the time down, and if I was away I got it from someone else when I got back—there is the name of Cooper here as having worked during the week ending the 9th—I know Charles Cooper—he is the person mentioned in this time-sheet.
Cross-examined. Q. When did you make these entries? A. Every night—I can't say whether I was there the whole day on the Monday in that week—I entered the number of hours from what was told me—one man would give me an account of all when I was not there myself—I might have seen Cooper there that week—I can't swear that I saw him there on the 9th October—I suppose I must have seen him there that week—I saw him perhaps two or three times in the course of the week, or more than that, very probably—I have only got this sheet to go by—I can't say whether I saw him there the week before or the week after, the time sheet would prove it.
MR. M. WILLIAMS. Q. Had you any other Cooper in your employ? A. Not that I am aware of.
COURT. Q. Does your time-sheet satisfy you that at that time the man was working for you? A. Yes.
Witnesses for the Defence.
ISAAC KING . I have my books here—1000 bricks were sent away from our premises on 8th October—I saw them leave—Asser, the prisoner, took them away—I have the counterfoil of the 8th here; it is in my handwriting—the ticket divides into two parts, one they leave with the person to whom the bricks are delivered, and the other they bring back, signed—1000 bricks were sent on the day following, by Asser—he was away a reasonable time, perhaps twenty-five minutes—it is about three minutes' walk from our place to Mr. Porter's—I saw him when he returned on the 8th—he came back with the empty cart—he did not say anything to me—I did not ask any question about the delivery-note because they are always taken to the kiln-man—Asser, the father, was the kiln-man—the bill was sent in at the end of October or the beginning of November—it contained the item of 1000 bricks on the 8th—I took the bill myself, and saw Mr. Porter—he looked at it—he asked me to let it go till after Christmas, and I said I would do so—the amount was 6l. 10s.—nothing was said about deducting then—he did not pay me after Christmas, and in February I commenced an action—my son took the most active part in the business—I first heard the objection raised about the delivery of this 1000 bricks, at the County Court—I had not had a letter about it, nor had my son—I did not go to the County Court at all—my son went.
EDWIN KING . I am the son of the last witness—I can't say whether I was present when the 1000 bricks went away, on the 8th, because I see my father wrote the ticket—I don't know anything about a letter coming from
Mr. Porter, disputing their delivery—I called for the account at Mr. Porter's on or about 1st January, and again on the 15th and 22nd—after that I said I would wait until the Monday, and if he did not send the money I should take out a summons—I received a letter on 14th February, which purported to be a copy of a letter—the account was first made out for 6l. 10s.—Mr. Porter told father that I had overcharged him—I called on 1st January, and saw Mrs. Porter, and she handed me 6l. 6s., and told me that Mr. Porter had left it out—when I got into the box at the County Court I was only prepared to dispute the 4s.—he had offered me 6l. 6s. for the account on that day—when I got into the box, to my great astonishment, he said he had not received 1000 of stock bricks—that was the first time I had ever heard that the 1000 bricks were disputed—before I got into the box he offered me 6l. 6s.—that would be the account minus the 4s.—that would include the price of the disputed 1000—I declined to take the six guineas, and the case wag adjourned for the production of the delivery-note—he offered me the six guineas on a second occasion, after he said that the 1000 bricks had not been delivered—he sent a notice to me before the adjourned summons to produce a letter I had never received, and that notice contained a copy of the supposed letter—I was not able to produce the delivery-note on the second occasion—it was given to Mr. Porter; but I never had it back—Asser tells me he never got it—I refused the six guineas because I did not want to be swindled out of the 4s.—I got judgment in the County Court in my favour, and the money was paid into Court—it was stated by Asser that he had not received the delivery-note.
Cross-examined. Q. You would not take the six guineas because it was 4s. too little? A. I would not—the Registrar was present, and His Honour also was present on the two occasions when the six guineas were offered—I believe Mr. Abbott was also present—father and all the witnesses were there—I was in the witness-box, and the Judge wanted to settle the case—Porter said "I am willing to pay the six guineas; but I won't pay the 4s., and the Judge asked me to take it, and I said "No, if Mr. Porter is willing to pay the whole of the expenses, then I will take the six guineas—the costs were something considerable at that time—he offered me the six guineas after he had disputed the delivery of the bricks.
MR. RIBTON. Q. How loug has Asser been with you? A. Ever since we have been brick-making, a little more than three years now—I have always trusted him, and everything has been right—he has taken out over two millions of bricks.
MR. WILLIAMS called
JAMBS PORTER (re-examined). I was at the County Court on the second occasion—I have heard what Mr. King has sworn—it is not true that I offered him on that second occasion six guineas—I offered him 4l. 16s., aud no costs, and Mr. Abbott, the solicitor, was there, with the Registrar, when I offered it to him—he was not in the witness-box, it was before the Registrar—nothing was said about the six guineas in the witness-box, 4l. 16s. was the only amount that he was ever offered—I did not offer it to him on the first occasion.
JOHN WALTER (re-examined). I was at the County Court while this case was being heard—I never heard any offer made to pay Mr. King six guineas—I believe I was there the whole time—I have known Mr. Porter for twenty years—I don't know what passed before the Registrar—I did not hear 4l. 10s. offered.
BARKER JAMES ABBOTT . I am ft solicitor, and carry on business at 52, Worship Street, Finsbury—I acted on behalf of Mr. Porter at the County Court—I was in Court all the time, and also before the Registrar—no offer was made by Mr. Porter to pay Mr. King six guineas—he offered him 4l. 16s., the admitted amount, without the costs.
Cross-examined by MR. RIBTON. Q. Were you in the case then? A. No, I think not—I was instructed between the first and second hearing—4l. 16s. was the admitted amount, deducting the 1000 bricks and the 4s. in dispute—Mr. Porter told me that six guineas had been offered, and that it was to save expense and loss of time going into Court—the Judge gave judgment in favour of Mr. King because the balance of testimony was in his favour.
Witnettet for the Defence continued.
RICHARD ASSBB . I am the kiln-man and managing man to Mr. King—the defendant is my son—I loaded the bricks that were sent from Mr. King's on the 8th October, and gave the delivery note to my son—he did not bring it back to me signed—he said that he had given a boy the ticket to take to Mr. Porter; that Mr. Porter said he was engaged; and he had come away without—I saw him leave with the bricks—he was away about twenty-five minutes—I would not say for a minute.
Cross-examined. Q. Did he say he could not sign it because he was engaged? A. Yes—the boy he gave it to was named Cooper.
JOHN COOPER . I was in Mr. Porter's employ in October—I remember 1000 bricks coming—I can't remember what day it was—it was the day before the 1000 stock bricks came—the first load was brought by David Asser, and the second load was brought by John Asser—John Asser brought the last load—he told me to take the delivery note to Mr. Porter—the bricks came in two loads of 500 each—I took the note to Mr. Porter to be signed—Mr. Porter was engaged, and he did not sign it, and said he was to call again for the ticket—I went and told Asser, and he went away without it—he called several times afterwards for the ticket—I don't know whether he ever got the ticket—I did not give it him—I asked Mr. Porter for it several times, and he said he was engaged each time—I should think he came six or seven times, but he never got it to my knowledge.
Cross-examined. Q. Did you see Mf. Porter when he said he was. engaged, each time? A. Yes—he was having his dinner when I took the ticket in on the 8th—I don't know whether there was a pen and ink in the room—I did not notice—I am quite sure I was on the premises on October 8th—I am not in Mr. Porter's service now—I left a little before Christmas—I looked after the horse, and sometimes I had to go out to see the bricks. unloaded, and bring the ticket in to be signed—I don't know the day the bricks came—I remember the bricks coming after—the place bricks after the stock bricks came—Mr. Porter signed the ticket for those—I don't think he was asked then to sign the ticket for the bricks delivered the day before—Charles Cooper is my brother—I was called aa a witness in the County Court—I have not talked about this to my brother or father—I have talked about it to my mother—I live with her—I might have talked about it to my brother yesterday—I don't know that I did—I won't swear that I did not.
COURT. Q. What is your brother Charles? A. A bricklayer by trade—John Asser is a carman.
JANE GREENWOOD . I am a servant in the employment of Mr. Porter—I was there in October last—I know John Asser—I remember him coming to ask about a delivery note, if it was signed—I should think he came half-a-dozen times—I recollect Richard Asser coming—he did not get the note—I went in with the message—the boy went in sometimes—Mr. Porter was always engaged, or at his meals, and he never gave it to me.
Cross-examined. Q. How do you know this was in October? A. It was in October—I don't recollect any bricks being delivered the same day—I could not find Mr. Porter always, and sometimes he was busy, or it his meals—I am servant there—I am no relation to Asser—my sister is not going to be married to his brother—I can't say whether there was a pen and ink in the room where Mr. Porter took his meals.
NOT GUILTY .
OLD COURT.—Friday, April 8th, 1870.
Before Mr. Common Serjeant.
FREDERICK LEA . I worked for Mr. Porter in the same room as he worked in—I took my meals with him; I alway do—I know the boy they call Jack Cooper—I never saw him bring any ticket to Mr. Porter on 8th October—I know the girl Greenwood—I never heard her come to Mr. Porter and ask him to sign a ticket, nor did I hear him say he was too busy to sign it—if she had come while he was at his meals, I should have heard her.
MR. RIBTON to JAMES PORTER. Q. You say that before the County Court Judge you did not offer to pay for these 1000 bricks. A. No offer was made at all to that amount—the Judge did not say "How is it, Mr. Porter, that you offer to pay for the 1000 bricks which you say you never had, and waste the time of the Court for 4s.?"—I never heard him say anything of the kind.
Witnesses for the Defence.
DAVID ASSER . I was in the service of Messrs. King, in October—I remember delivering some bricks—I believe it was on the 8th I delivered 500 stock bricks—my brother, John Asser, was there on the same day—I went with the first load of 500—I went between 9.0 and 10.0 with my load, and I believe he went between 1.0 and 2.0—I did not take a ticket with my load, because I knew another 500 bricks were going—I delivered them to Charles Cooper, who was there—I was first asked about this in February, when Mr. Porter said he had not bad the bricks.
Cross-examined. Q. Was it between 9.0 and 10.0 on the 8th October? A. Yes, when I took my bricks—Cooper was on Mr. Porter's premises then—he came and helped to unload them—I don't know what he was doing on the premises—I did not notice where he came from—I took the bricks to
Mr. Porter's yard—I asked Cooper to help me unload them—I expected he was in Mr. Porter's service then—I did not give him anything for unloading them—I am quite sure it was on 8th October, between 9.0 and 10.0, that I took the bricks—they took 7 or 8 minutes to unload—sometimes I work ten or eleven hours a day, and sometimes twelve—ten hours is a good day's work.
MR. RIBTON. Q. Had he ever assisted you on any former occasion? A. Yes—I can't say how many times, more than three or four—he had assisted me to unload bricks at Porter's before 8th October—I can't say how many bricks I had delivered before that time—I have known him a goodish while—he has assisted me at other places.
JOHN ASSER . I am the man who was tried yesterday—on 8th October, I took a load of bricks to Mr. Porter—my brother took the first load in the morning, and I delivered the second load, between 1 and 2 o'clock—I was examined in the County Court—I said there that Cooper assisted in unloading the bricks, and I say so now—he had often helped me to unload on previous occasions—I can't say how many times—I have been there dozens of times—I know the little boy, John Cooper—I gave him the ticket to take to Mr. Porter, and he said Mr. Porter was engaged, and I was to call again, and I went several times after—I went back without the receipt—I went again two or three times that day and in the evening—I should think I went seven or eight times altogether—I saw the little boy and the girl—I never got the ticket, and came away without it.
Cross-examined. Q. Is that a fact that you went three or four times on the same day? A. I did—I saw either the little girl or the little boy—I saw the boy two or three times, and the girl once—I was told each time that Mr. Porter was engaged—I went alter that—I never saw anyone but the boy and girl—I was always told that Mr. Porter was engaged—I delivered my bricks between 1 and 2 o'clock—Cooper was there then, and helped me to unload them—it does not take many minutes—I should say ten minutes—I met him just at the gate, as I went on to the premises—I had just done dinner—I loaded my cart before I went to dinner—I believed Cooper was working on the premises—I don't remember seeing him when I took the bricks on the 9th—he might have been there—I don't know whether I delivered any bricks at Mr. Porter's between 16th August and 18th September—I did not deliver all the bricks—my father might have gone—I can't recollect whether I did or not—I delivered the bricks on the 9th—I asked the little boy then for the ticket that had been left the day before—I did not see Mr. Porter there then—I gave the ticket of the 9th to the little boy, and he brought it back to me—I did not see Mr. Porter sign it—I did not see him there.
Four Months' Imprisonment.
Before Mr. Recorder.
me at my counting-house, and asked me to discount a 15l. bill—I declined to do so—I afterwards went to the London and County Bank, leaving him in my counting-house—when I came back I told him I could not discount the bill—he was very much disappointed, and urged it still further, but I did not advance him anything—he then asked me to lend him 10s. till Saturday—I did not do so—after expressing great disappointment, he asked leave to go behind and to write ft note, which I gave him a sheet of paper to do, and soon afterwards he went away—I don't know that he wrote the note—before that one of my travellers had been in and given me 12l. 9s. 8d. in silver, in a bag, with other money—I either dropped it in an iron box that stood at my feet, or put it on the table, I am not quite sure which—within five minutes after the prisoner had left I went to make up my accounts and missed the bag—it was brought in a short time before 11 o'clock, and the prisoner was there about 11 o'clock—I had only just received it and passed the man's accounts.
BENJAMIN FARLIE . I am assistant to Mr. Sampson, on 17th March I saw the prisoner there—Mr. Southgate, the traveller, was in the counting-house while the prisoner was there for a short time—he is not now iu London—the prisoner was left alone there part of the time.
RICHARD CARTER . I am a cab-driver, at Plumstead—on 17th March, about 12.50, I was on the stand at the Arsenal Railway Station—the prisoner came up and said "Five shillings to London Bridge!"—I said I would take him for 10s.—he said "I will give you 7s. 6d., and no more"—I said I would not take it—he went to the other cabmen, they all asked him 10s., and he came back to me, and I ultimately agreed to take him for 8s. 6d.—he stopped at Charlton and treated me there, and pulled out a handful of silver; at Greenwich he stopped and treated me again, and pulled out a handful of silver and said he would pay me 2s.—he went into a public-house and they would not serve him, and then he said he would not pay me—I said he must, and he gave me 4s.—I said he must pay me the rest—he would not, and I got a policeman—he afterwards paid me—I should think he pulled out at least 3l. or 4l. worth of silver from his right-hand trowsers pocket.
JAMES MARGETSON (Policeman R 122). On 18th March, about 7 o'clock in the morning, I apprehended the prisoner in the Rose public-house, Bermondsey—I told him I should take him into custody on suspicion of stealing a bag containing 12l. 9s. 8d. in silver, belonging to the prosecutor—he said he did not take it, and became very violent—I was obliged to get the assistance of another constable—I found on him 4l. 10s. in gold, and a bill for 15l.
Prisoner. Also a judgment summons for 4l. 11s. 6d.? Witness. Yes.
MARIA WALL . I am the daughter of John Wall, who keeps the Duke of York beer-house, New Road, Woolwich—on the 17th March I saw the prisoner there—he kept putting his hand in his pocket and rattling up a lot of money, and he pulled out a handful of silver, over a pound's worth.
Prisoner's Defence. I know nothing about the money; it might have been taken before I went there.
GUILTY .— Eight Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution; and MR. GRIFFITHS the Defence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. WOOD conducted the Prosecution.
SAMUEL ALLOWAY . I am foreman to Charles Pembroke, butcher, High Street, Forest Hill—on Saturday night, 5th March, about 8lbs. of brisket of beef was safe in his shop, at 12 o'clock—Sergeant Fox came to me and said he wished to go into the shop—I went in and found that the piece of beef had gone—I had left it hanging up in front of a ventilating hole in the shutter, large enough for it to be got through—it could have been reached by a person standing on the window-sill—I misted it at 8 o'clock next morning—I saw it next at the police-station—I know it was the same piece.
JOHN THOMAS FOX (Police Sergeant P 8). At 6.15, on the morning of 6th March, I met the two prisoners together, at Forest Hill, going from the direction of the prosecutor's shop, and about twenty yards from it—when they saw me Curd went on in front, and Walsh lagged behind—I went after Curd and said "Where are you going?"—he said "Going home"—I said "What have you got about you?"—he said "Nothing—I said "You have got something under your coat," and I saw a piece of beef—I said "Where did you get this from?"—he said "I found it in a water-closet"—I brought him back to Walsh, and he said "No, I did not find it in a water-closet, I found it in a urinal at the Dartford Arms—Welsh said "Yet, I saw him pick it up—I took them in custody for the unlawful possession of the beef—I went to Mr. Pembroke's shop, and saw some marks under the hole of the ventilator—I then went into the shop with Alloway, and he said he had missed a piece of beef—he went to the station with me and identified the beef.
Walsh. Q. It was a fine morning, there could not have been any mud, he has got this evidence up just to convict us; what sort of marks were there? A. Marks of mud.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. POLAND and BROMBY conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Lloyd, and MR. STRAIGHT for Smith.
MARY ANN PEEK . I am barmaid at the Cock public-house, Kennington Road—on the evening of 25th February, about 5.15, Lloyd came in for a glass of ale, and tendered me a bad shilling, which I broke in three pieces—I told him it was bad—he said he was not aware of it, he had taken it in change of a half-sovereign the week before—he went away—about twenty minutes after Smith came in for a glass of cooper, and tendered a counterfeit florin; I broke it, and told him it was bad—he said "You don't mean it"—I asked if he knew it was bad—he said "No—I went to the parlour door to inform Mr. Buttress, and he ran out; I followed, and Mr. Burgess
came up and gave him into custody—I gave the florin to the constable—I did not have the shilling, it was put on the counter, and I did not see it afterwards.
Cross-examined by MR. M. WILLIAMS. Q. Was Lloyd sober? A. I think he had had a little.
Cross-examined by MR. STRAIGHT. Q. Did you not say at the station that Smith was not the man that came to the house; but it was a pale-faced man? A. I said it was a pale-faced man, and I did not think at first he was the man; but I recognized him afterwards—I caught him, and saw him taken; but I had to go back and get my bonnet, and when I got to the station he was very much flushed, and I could not recognize him; but I have not the least doubt he is the man.
DAVID FREDERICK STOREY . I am an accountant—I was at the Cock, talking to Mr. Burgess when Lloyd was there and tendered the shilling—I heard him say that he was a plumber, and that he had taken it in change of a half-sovereign that his master had given him last Saturday—in consequence of an intimation from Mr. Burgess, I went out, and saw Smith and another young man standing about forty yards from the house, and when Lloyd came out he walked towards them, and Smith advanced towards Lloyd; they had a talk together, and then Smith went to the Cock—he came out very quickry—Miss Peek came running out and caught him—Lloyd went into a butcher's shop, and I gave him into custody—I said "We shall want you; your companion is taken—he said "Oh, I have got my watch and chain; here is my watch and chain—he did not say what for—he was wearing one.
Cross-examined by MR. M. WILLIAMS. Q. How long were the two talking together? A. Not more than a minute.
JAMES BRIDGER BURGESS . I am landlord of the Cock public-house—I saw Lloyd in my bar on 25th February when he tendered the bad shilling—I asked how he became possessed of it—he said he had taken it in change of a half-sovereign from his employer on the Saturday before—I afterwards went out and saw my barmaid having hold of Smith.
EDWIN SMITH (Policeman L 76). Smith was given into my custody—he appeared to be sober—this florin was given to me by Miss Peek—I saw Lloyd at the station, he had been drinking; he was admitted to bail, and has surrendered to-day.
The prisoners received good characters.
NOT GUILTY .
NOT GUILTY .
MR. BESLEY conducted the Prosecution; and DR. KENEALEY, Q.C., with MR. MONTAGU WILLIAMS, defended Dowling.
RICHARD HUMPHREYS . I am a labourer, and live at 12, Creek Road, Deptford—I have known Dowling about six years—he carried on business in Rotherhithe Street—it was something of a marine-store shop—I saw
him at his shop on Friday, 18th February, a few minutes after 12 o'clock in the day—he asked if I would earn the price of a pint of beer—I said "Yes"—I went with him into the docks, and saw two men standing a short distance off the ship, I don't know the name of the ship—Dowling called the men; I did not know them, only by sight—I don't know their proper names now, I have only seen one since—I don't know his name, he is a witness—we all four went on board the ship together—I saw the ship-keeper on board, Hutchinson—I did not hear what was said—they began to put some new rope into a sack; one of the witnesses put some in and Dowling put some in and some old shakings on the top of it—I thought there was something wrong, and I came ashore, and left the docks—I should say there was about a 1/4 of cwt. new rope, of small size, put into the sack—I only saw one sack filled.
Hutchinton. Q. Did you see me on board? A. Yes—I did not see you doing anything—you were walking the deck—you saw what was being done with the rope.
Cross-examined by DR. KENBALEY. Q. How long were you on board? A. About from four to five minutes—the ship was lying alongside the wharf—Hutchinson seemed to be in command of the ship; I did not see anyone there but him—when the witness was putting the new rope into the sack Dowling was there putting in the old rope shakings—he did not put in any new, the new was put in first—I was standing alongside—I did not hear anything said by Dowling—I know this was on 18th February, I took particular notice afterwards of the proper date—I did not know I should be called as a witness for a fortnight afterwards; the policemen first spoke to me about it—they met me on the road at Rotherhithe—they are both here—they asked if I knew anything about it—they were looking after me—they did not tell me that Dowling was charged; there was not any charge against him at that time, that I am aware of—I have been in a little trouble about a tarpaulin, I was brought into it by the same thing as this—I knew nothing at all about it, only meeting a man on the road with it and telling him accidentally where to sell it—I had a fine of 1l. to pay or a month, and I got the month; that is about ten years ago.
ANDREW CRANSTON . I am ship's husband for the firm of Rankin, Gilmore & Co.—I acted as such to the Corfu when she was in the Surrey dock—Hutchinson was employed as ship-keeper; he had charge of the ship and all that is on board of her—he had no authority to send any new rope ashore, or old shakings—new rope, or Manilla rope, is never sold to marine store dealers, they are part of the ship's stores—I know nothing of Dowling—I was not on board the Corfu on the Friday—the rattlin line was worth from 50s. to 60s. a cwt.—I don't know what quantity was missing.
Hutchinson. Q. Was there not the same quantity of rope remaining on board as was in the inventory? A. I believe so—there were some things that were not in the inventory, because I found two or three blocks and some small items hardly worth speaking about, that were not in the inventory—we very seldom look for an inventory being correct.
HENRY FERRELL (Policeman R 273). I took Hutchinson into custody on Monday, 21st, at Dowling's house, in Rotherhithe Street—he was sitting down by the fire in the shop; it is a very small shop—there was no rope there—there were no books—I told him I should take him into custody for stealing a quantity of rope from the ship Corfu—he said he knew nothing at all about it.
JETHRO GIRLING (Policeman R 81). I took Dowling into custody by direction of Mr. Ross, the superintendent of the docks, on 14th March, outside Greenwich Police Court—at that time Hutchinson was in charge, and had been three times remanded—on 21st February, I searched Dowling's premises—I found no rope, nor any sacks—I saw no books.
Cross-examined by DR. KENEALEY. Q. Did not Dowling go to the Police Court on each day, on a summons, to attend as a witness? A. Yes—I saw his lawyer, Mr. Coole, there on each occasion—he was waiting outside as a witness, but was not called.
WILLIAM ACTON . I live at 22, King Street, and am a seaman and rigger—I do not know Hutchinson, no further than doing a job for him—I have known Dowling about eight or nine years—on a Friday in February I saw Hutchinson and Dowling going in the dock, between 12 and 1 o'clock—they called me on board the Corfu; both of them called me—they went on board and I went after them, and another man came after me, Wilson—when I got on board I saw a quantity of empty sacks lying on the deck, and a quantity of small rope shakings in the sail compartment, and they told me to commence to fill the bags with these shakings—they were about four bushel bags—we filled two and a half with shakings that were there, and then we went into the cooking department, and Dowling fetched a lot of new rope and filled the remainder of the third sack with that—it was four-stranded lanyard rope, what they set the rigging up with—they all helped to fill up the bags, Hutchinson, Dowling, and Wilson—when they were filled I carried one, Wilson another, and Dowling the other—we went right through the gate to Mr. Dowling's house—Hutchinson was left on board—we left the sacks in Dowling's house and came back again to the ship with a bigger sack, like a sailor's bed-tick; we got that from Dowling's house—we took that on board and filled it with new rope—there was a coil of rattlin line, about a 1/2 cwt. of new rope which had never been opened, and about fifteen fathoms of Manilla three-inch rope—Hutchinson helped with Dowling to put the rattlin line in the bag—there was about 19lbs. or 20lbs. of lanyard rope besides put in the same sack; it was filled, and we took it out at the gate to Dowling's house and left it there—Dowling and Wilson went with us—Wilson carried the sack outside the gate, and then I gave him a spell to the house—Dowling gave me 6d. for my trouble, and his wife gave me 1d. to get a half-pint of beer—we afterwards went on board again to ask the ship-keeper for allowance, and he gave us 1s. between us—it is a regular thing to ask for a drop of allowance when you are carrying a heavy job—altogether about 2 1/2 cwt. or 2 3/4 cwt. of rope was taken out of the ship on the Friday—I saw Humphreys on board; be went aboard before I did.
Hutchinson. Q. When you came on board the ship first, where was I? A. You went on board with Dowling—I did not afterwards come on board and tell you that Dowling had given us 1s. 6d. each—I did not come on board again on Saturday morning with a little man, and say if you did not give us a half-crown a piece I would go to the office and make a row about it—I never was aboard the ship after the Friday.
Cross-examined by DR. KENEALEY. Q. When did Humphreys go on board? A. He was on board just previous to me—I can't say how long we took tilling the first two sacks—I suppose it took from a quarter of an hour to twenty minutes to fill the three—nothing but shakings were put into the first two sacks—shakings are pieces of good rope broken up—I don't think there was any old rope in that ship—Hutchinson was about the dock somewhere
while they were packing the first two sacks, I could not tell exactly where—he was somewhere about the house of the ship; he came and looked at us now and then, and then he would go away again about the ship—Humphreys went ashore when we filled the first sack—I thought this was all fair and square, as Dowling was a man that had been in the dock many years, buying rope, and I never saw any harm of him—you cannot get out of the dock without passing through a gate—an officer is supposed to be at the gate, to see everything that comes in and out—I did not see one on this occasion—I have known the docks from my childhood—I was first spoken to about this case on the 23rd—the head-constable of the docks came to mo where I was at work, and said Mr. Ross wanted to see me on the Wednesday.
Hutchinson in his defence stated, that a man named Stapleton, who worked for the owner, came to him on board the vessel, and asked for the old shakings, which he had been in the habit of having from the previous ship-keepers; and thinking he had a right to dispose of them, he sold them for 10s., which Dowling paid him, but he knew nothing of any new rope being taken.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
HENRY FERRELL (Policeman R 273). On Monday, 21st February, in consequence of information, I went on board the Corfu, which was lying in the Surrey Docks—I saw Donigan in the forecastle, with a man named Knight, who is not in custody; they were putting something into a sack, I have a portion of it here (producing some of the rope)—I asked what they were doing—they said they were going to take some sacks on shore—they came out of the forecastle, and Mr. Cranston, who was with me, asked them where the ship-keeper was—they said he was on board somewhere, and they came out of the forecastle, calling out for him—I went into the forecastle and found a quantity of rope similar to this, which they were putting into the sack—there was about 3/4 cwt.—as I come out of the forecastle I saw that the two men were going down the ladder over the side of the ship, and as soon as they got to the ground they ran away—I ran after them and caught Donigan; I have not seen Knight since—Hutchiuson was not on board—I went to Dowling's shop about a quarter of an hour afterwards, and there found Hutchinson—I told him I should take him into custody for stealing a quantity of rope from the ship—he said he knew nothing about it—I said there had been some men found on board—he said he knew nothing at all about it—I did not tell him what the men had said.
Donigan. Q. When you came on board, where was I? A. In the fore-castle—I saw another man, who you told me was Knight; I did not see anyone else—I don't know where the ship-keeper was—you said you believed he was on board.
ANDREW CRANSTON . I was in charge of the Corfu, for Allan Gilmore & Co.—I had not given anyone authority to take any rope out of the ship—I went on board with the officer on the 21st, and saw Donigan there with the rope—the value of it cut up is very little, whole it would be 2l. 10s. or 3l.—it was newly cut, and we found the axe there.
Donigan, in his defence, stated that he was employed by Knight to help him remove the rope, which Knight stated had been given to him. He received
MR. STRAIGHT conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
MORITZ FRIER . I am in partnership with Francis Edward Myers, as hop merchants, at 2 and 3, Hop and Malt Exchange—the prisoner has been in my service about ten years—since September, 1867, it was his duty to take charge of the cash-book, in which he would enter cash received and paid, nearly all relating to petty cash transactions—he would enter cheques handed to him for petty cash—if he required money for petty cash disbursements, he would come to me or my partner for it, and the cheque so given would be debited in the cash-book against him—it was his duty to make up a total of the cash-book each month—I had great confidence and trust in him, from the long time he had been in our service—on 29th January he came to me for a cheque for petty cash disbursements—I said "Have you spent the cheque that you last received?"—that was only a few days before—he gave me some rough particulars as to how he had spent that money—I was not quite satisfied, and asked him whether his cash agreed—he said not quite, that he had stopped the night before until 10 o'clock, and intended to stop another evening or two in the following week to set his book right—I asked him to show me the cash-book, which he did, and I found it had not been balanced since September 1st, 1869; it then showed a balance against him of 120l. 16s. 10d.—I asked him whether the balance then agreed with the cash—he said "No"—I got rather angry, and told him to take his hat and go at once—he then asked to speak to me privately—I went with him into the next room, and he said, "I am sorry to have to tell you that I have overdrawn my account"—I asked him how much it was—he said about 50l.—he could not say exactly, "But," he said, "I will secure you with a bill of sale on my father's furniture"—his father's furniture had been seized a long time ago, and he had made himself responsible to pay off the debt in weekly instalments—I wrote for him on the Tuesday or Wednesday following, and he came—in the interval I had had the books made up, and a balance struck—I have examined the books myself—on 29th January I find that the balance against him was 125l. 10s. 5 1/2 d.—I told him that—he said it could not be so much, it might be 70l., and he added, "I must have had losses"—I asked him if he had taken any lump sum at any one time—he said no, he had taken it in small amounts of 10s. and 15s. a week, and it had been going on for two or three years—I said "If the money is not forthcoming, you must expect a policeman to be sent down to take you up"—in October last I had a traveller named Arthur Brodrich—I have my cheque book here—on 25th October I drew a cheque, payable to myself, for Brodrich's expenses—I don't know whether that cheque was given to the prisoner—there is an entry on the counterfoil of a cheque for 10l. with the word "Brodrich" in the prisoner's handwriting—that cheque is entered by the prisoner in the cash-book, on the credit side, but not on the debit—in the ordinary course of business, it should not have gone into that book at all—I have Brodrich's receipt for the 10l.—the prisoner had no authority to take moneys from the petty cash and use it for his own purpobes, without asking me.
Cross-examined. Q. Can you tell at all how many times money was token? A. It is impossible for me to say—up to the moment I sent the
prisoner away I had not the slightest suspicion of anything—I always found him pretty industrious—whin he first came to me he was paid weekly a very small salary, then he had £100 a year, paid quarterly—he was allowed to draw the money weekly, and debit himself with £25 at the end of the quarter—he sometimes attended from 8.30 a.m. to 9 or 10 p.m., not generally speaking—our general hours are from 9.30 to 7 in the evening—occasionally he would come as early as 8, and stay till 9 or 10—he had the invoices to attend to, the account sales, the English correspondence, list of amounts, Custom House work, keeping the day-book and balancing the cash-book; those were all his duties—I had access to the cash-book whenever I liked—I was frequently in the habit of coming to him for sums of money out of the petty cash, and my partner also—my partner is not here—he left London this morning—you asked me these questions at the Police Court—no memorandum was kept by myself or partner of the turns—the prisoner ought to have kept a memorandum of them—they were only loans from one day to the other—there were no disputes between us as to those amounts—I daresay there were differences; I believe there was on one occasion—there may have been two—if the amount had been against the prisoner he would not have had to make it good—if at the end of the month he had said there was a deficiency, it would have been looked into, and most probably we should have taken the cash-book away from him—I told him if the money was not forthcoming he must expect to be arrested—if it had been forthcoming I don't know that he would not have been arrested—I meant by that, that I wanted the money—he was given into custody, I believe, a fortnight yesterday—that would be five or six weeks after I had discovered the deficiency—he was taken at his own house.
ROBERT PETHER (Policeman M). On 22nd March I apprehended the prisoner at Croydon—I told him I wanted him for stealing various sums of money from his employers—he said he was very sorry for it, his father had been out of business for some time and he had done it to keep up appearances—he said he had overdrawn his account—I asked him how much—he said about £70.
GUILTY on Second Count. Strongly recommend to mercy by the Jury and prosecutor.— Six Month' Imprisonment.
369. ROBERT CHERRY (21), and WILLIAM HALL (23) , Robbery, with violence, on Eliza Chapman, and stealing from her person a watch, a locket, a chain, a pencil case, and a cross, the property of Robert Chapman.
MR. MOODY conducted the Prosecution; and MR. KELLY the Defence.
ELIZA CHAPMAN . I am the wife of William Chapman, of the Railway Hotel, Clapham—on 28th March I got out of a Brixton omnibus, at the corner of the New Cut—I got to the corner of the Cornwall Road, where I saw Hall, and asked him the way to Roupell Street—he paused some few minutes, and I thought, he did not exactly know—he then said "You cross the road and go down the Cornwall Road, and the fourth turning on the right-hand side—the fourth turning was a railway arch, and there I saw Cherry—I said "Will you kindly tell me if this is Roupell Street?"—he said "Yes, it is," and made a dash at me, and seized me by the throat—I clasped the lappel of his coat, and he struck me a violent blow on the chest—I turned round, and Hall was behind me, who said "Hush, tell me what is the matter—a third man dashed past me, but I only saw his side-face—I cannot swear to him—the three men run away—a man came up
and I begged him to go after them—I saw my watch and chain in Cherry's hand, and he split my brooch in half—it was found at my feet—I have been under medical treatment ever since—the trinkets were on my chain—I have never seen my watch and chain since—I gave information, and the next day saw nine men at the station, and picked the prisoners out—I have not the least doubt of them—I shall never forget Cherry's face; he had a cap on—I am still suffering, and have been obliged to take a dose of medicine since I have been here.
Cross-examined. Q. You do not live in that neighbourhood? A. No—I was greatly frightened—I imagine that Hall heard me tell Sellick to follow Cherry, because he had his hand on my shoulder at the time, saying "Stop, tell me what is the matter"
MR. MOODY. Q. Did Hall run away in the same direction that Cherry had gone? A. Yes, into Victoria Court.
EDWARD SELLICK . I am a carpenter, of 94, Aubyn Street—on 28th March I was in Roupell Street, and saw Mrs. Chapman in an excited state—she spoke to me, and I ran after the prisoners and another man, who were running away from her—I was four or five yards from them when I started after them—I followed them to Victoria Court, which leads to the Cut; but did not think it prudent to go through the Court—I had kept four or five yards from them—I saw them in the Waterloo Road next day, and pointed them out to Sharpe, and they were taken—the prisoners are the persons—I was first examined I said that I was not quite sure—I was frightened, I had never been in such a place.
Cross-examined. Q. You do not mean to say that you were frightened at the Police Court? A. Yes, I was trembling—I was examined again on 31st March, and said that I was sure of them—I said to the constable "I think those are the chaps; but I was quite sure."
COURT. Q. Did you see their faces at all? A. No, they were running away—I saw their backs and their dress.
MATTHIAS SHARPE (Policemen L 99). I received information from Mrs. Chapman, and went with Sellick to Waterloo Road—I saw the prisoner and a man named Foley, and took them all three in custody in consequence of what Sellick said—they were placed among seven or eight others, and Mrs. Chapman picked out the two prisoners, and said that she had not seen Foley's face, and should not like to swear to him—he was let go—Cherry lives in King Street, Commercial Road, about twenty yards from Victoria Court, and 400 or 500 yards from where the robbery was committed—I have frequently seen the prisoners together.
Cross-examined. Q. Have you known Cherry's appearance about three or four years? A. About four years—I never saw him wear a cap—Foley had a cap—I told Hall the charge—he said that he was in the Prince of Wales beer-shop from 4 o'clock to 8, and Cherry said that he was having his tea at the time—the Prince of Wales beer-shop is about 100 yards from Roupell Street.
COURT. Q. What did you say? A. That they would be charged with stealing a watch and chain from a lady in Roupell Street—he asked me what time, and I said "About 6 o'clock—he said that he was not there.
Witnesses for the Defence.
JAMES LAWRENCE . I go out with a coal-dealer's barrow—on 24th March I was sitting on my barrow in Cornwall Road, outside the shop where I am employed, which is near the railway arch, and saw three young gentlemen—one of them seized Mrs. Chapman behind, another in front, and the third took her watch—I saw it in his hand—I then had to go out with some orders—I have seen the prisoners walking about, and am quite sure neither of them attacked the lady.
Cross-examined by MR. MOODY. Q. Have you seen the prisoners about there together? A. Yes; but not very often—they are companions—a young woman told roe to come here, but she did not tell me what to say—she said "I want you to come and see whether you know the young men"—I think one of them is her husband—she knew that I had seen it, because I told a policeman the same night, not one of those who is here—I did not take his number—I live with my master at 13, Cornwall Road—I have never spoken to the prisoners—the woman who asked me to come here is not related to me—I had never seen her before—she does not live in the same house with me—I do not know where she lives—I have only seen her once—I saw the backs of three men, but I can only swear to one—they wore three high hats, not caps.
COURT. Q. Who is the man you know? A. He had black hair and a brown moustache—I should know him again—I did not see the facet of the others.
Q. Then how can you tell they were not the prisoners? A. I could tell by their backs and their height, they were taller than either of the prisoners.
CHERRY— GUILTY . He was further charged with having been convicted at Southwark Police Court, in February, 1866, to which he
PLEADED GUILTY.— Eighteen Months' Imprisonment, and Twenty Strokes with the Cat.
HALL— GUILTY .*— Twelve Months' Imprisonment.
MR. MOODY conducted the Prosecution; MR. GRIFFITHS and MR. HOLLAND the Defence.
SARAH JENNINGS . I am a widow, and live at College Street, College Hill, City—on 23rd March I was in Lancaster Street, Borough Road, about 1.30, with my aunt—I was looking for No. 59; the prisoner passed me, and took my watch and chain and ran off with it—I ran after him—a man came up to me and said something, and the prisoner got away—I saw his face while he was taking my watch—on Friday evening, the 25th, I was sent for to the station, and picked the prisoner out from four or five other men—I have not the slightest doubt of him.
Cross-examined by MR. GRIFFITHS. Q. Is your aunt here? A. No—She did not see it, she had crossed the road—no people were round me when he took the watch, but several men came round me after I ran up the turning where he took the watch—it was done very suddenly—it might have been 2 o'clock.
DANIEL LOWIN (Policeman). I received information, and on 25th March went to the Two Brewers in Prior Street, between 9 and 10 o'clock, p.m., and found the prisoner there—I told him I should take him for stealing
a watch and chain from the person of Mrs. Jennings, on the evening of 23rd March—he said that he knew nothing about it, he was at home in bed at his lodging, and his landlady could prove that he was, at the time it occurred.
Cross-examined by MR. GRIFFITHS. Q. Did you write down what he said? A. Not at the time—I went to the landlady, who said she knew nothing about it.
The Prisoner's Statement before the Magistrate: "Since I have been remanded, persons have been to see me and given me information of the person who did this; it seems to have been someone outside a rag-shop, and the woman who keeps the shop knows who did it A man named Thomas Perry also saw it done, and told me who did it. My landlady knows I was at home at the time it was done. I know the man, his nick-name is Velveteen. I wish to be remanded to have them brought up."
Witnesses for the Defence.
THOMAS PERRY . I am a haddock-smoker, of 50, Gun Street, Blackfriars—on 23rd March I was coming from the Borough Road, and while I was talking to a rent collector I heard a cry of "stop him!" and saw a lady and a man running away—the lady returned and came up to me and the collector, who asked her if she should know the man again if she saw him—she said "No"—I only saw the back of the man who was running—he rather resembled a taller man than the prisoner, and I think he had a black coat on.
Cross-examined by MR. MOODY. Q. Have you known the prisoner some time? A. Only by seeing him in the neighbourhood, not as a companion—I may have passed the time of day to him—I did not tell him that I saw the lady and knew who had done the robbery; I did not see him.
Q. He says "Thomas Perry also saw it done, and told me who did it," that is not true? A. No—I was sent for to the gaol and saw the prisoner—some girl came to tell me to go—I would not swear that the prisoner is not the man—I told the Magistrate about the lady coming up to the collector and saying that she should know the man again—my depositions were not read over to me, but I signed them.
MR. GRIFFITHS. Q. What is your belief, is the prisoner the man or not? A. I believe he is not the man; I believe it was a taller man.
COURT. Q. Did you say before the Magistrate that you had never gone to see the prisoner in prison? A. Yes, I was rather confused, and I did say so—I now say that I did go there.
SARAH BALLS . I am the wife of John Balls, of 15, Gloucester Street—the prisoner lives with us—on 23rd March, between 1 and 2 o'clock in the day, he had just got up, for I heard the sticks crackling in the fire—it was after 4 o'clock when he went out.
Cross-examined. Q. Does he lodge in that room with his father? A. Yes—all I heard was some sticks crackling in the fire—I do not know how far Gloucester Street is from Lancaster Street.
COURT. Q. Did you see the prisoner that day before 4 o'clock I A. I saw him when he went out at 4 o'clock—I had been at home all day—I live in the kitchen, and no one can go in and out without my seeing—I do not know what time his father went out that day—I did not see him go out; I was in bed—he did not come home till night, when he left work—I did not see him come home.
Q. I thought nobody could come in or out without your seeing him? A. I was in the parlour when he came home that time.
JURY. Q. Was that the prisoner's usual time to get up, between 1 and 2 o'clock in the day? A. Yes—I do not know what time he came home; I was in bed—his father was not at home when I heard the crackling; he was at work—he is a storekeeper at Maudslay's.
WILLIAM HOOD . I am a rent collector—on 23rd March, between 2 and 3 o'clock in the afternoon, I was collecting rents in the Borough Road, and coming out of Market Street into Lancaster Street I met one of our tenants named Perry—we talked about two minutes, and all of a sudden I heard a cry of "Stop thief!"—I saw the prosecutrix running, and several people following her—in a few minutes she came up to me and Mr. Perry, and said that she had lost her watch, her chain was hanging to her neck—we asked her if she could swear to the man; she said that she could not—I saw the man's back, and I should think he was taller than the prisoner, and that he was about 22 or 23—I did not see his face.
Cross-examined. Q. You were not examined before the Magistrate? A. No, I was subpœnaed here—I have known Perry some time—he has been one of our tenants some time—I knew his name, but I did not go to the Police Court because I was not ordered—Perry did not ask me to go there—I am quite sure he knew my name, and could have found me.
Q. If he has said "I do not know the name of the collector," he would tell a falsehood? A. He must have known my name—I have seen Mrs. Jennings here to-day; she is the lady who came up—she said positively that she could not swear to the man—I asked the question myself, and Perry asked the same question, and twice over she said that she could not swear to him—I will not swear positively that the prisoner is not the man.
COURT. Q. You said first that you saw the lady running, and persons following her? A. Yes—the man was about twenty yards before her—she was about fifty yards from me—the person I saw was not seventy yards off.
COURT to THOMAS PERRY. Q. Did you say before the Magistrate that you did not know the name of the collector? A. I do not know whether I did or not—I may have said so—I did not know his Christian name.
MR. MOODY to SARAH JENNINGS. Q. You have heard what Perry and Hood have said, did you have any conversation with them? A. No—I did not show them my broken chain till I got into the Borough Road, when two gentlemen were coming along—they were not the same persons, but two respectable persons—I said that I should know the men again directly.
GUILTY . He was further charged with having been before convicted at Lambeth, in May, 1868, to which he
PLEADED GUILTY**— Eighteen Months' Imprisonment.
MR. BRINDLEY conducted the Protection.
MARGARET SHEA . I am single, and live at 85, West Street, Bermondsey—on Friday, 25th March, just after 7 o'clock, I was at the end of Kent Street, leading into the Kent Road—someone came behind me and gave me a blow on the back of my neck, an arm was put round my throat, and a locket, value 35s., was taken from my neck, which was on a split ring on my chain—the ring broke—I felt fingers on my throat—I run after the
man who caught hold of me, but I did not see his face—I called "Police!" and screamed—I got within a very few yards of the man—he was dressed in dark clothes—two men, I think, ran with him, and there might be another—I cannot swear to the prisoners, but the man I ran after was about their height.
WILLIAM SOUTHERN . I am twelve years old, and lire at 4 A, Eltham Place, Kent Street—on this Friday night, I was coming out at the door of my house and saw the two prisoners running—I can swear to them—I did not see anybody following—they came round from Dr. Edwards' into Kent Street—the lady came up three or four minutes afterwards and asked if I knew anything of them—I had seen the prisoners before, and knew their names—they went down Hunter Street—I did not see where Knowles ran—the lady spoke to me coming back, and I told her their names—I have known Sherwood about two years—I saw Machett, but did not see him go after the prisoners—one of them had a black suit on.
Sherwood. Q. Did you see me snatch the chain? A. No.
HENRY HALL . I am thirteen years old, and live at 4, Ellen Street, Bermondsey—I work at a coal shop—I was in Kent Street on this night, and saw Sherwood give the lady a punch behind her neck and take hold of her, and when she put her hand back he caught hold of the ring—she was by Dr. Edwards' at that time—Sherwood ran up Kent Street, and Knowles, who was with him, down Little Hunter Street—Machett ran after Sherwood, caught him, and got him down on the ground, and Knowles ran up and hit Machett on the jaw—he held them five minutes, but could not see a policeman so he let them go—I knew the prisoners before—I have seen them often.
Sherwood. At first you said you saw me run towards Dr. Edwards', and then towards Kent Street, which is a different way. Witness. The lady was struck just before you came to Dr. Edwards', but she ran down a street to see if she could see a policeman, and you went down Hunter Street and came round to Dr. Edwards' again.
GEORGE MACHETT . I am a carman, of 3, Lower Bland Street—I was in Kent Street on this night, after 7 o'clock, heard a cry of "Police!" and "Stop thief!" and saw Sherwood run from the other side of the road down Little Hunter Street—the lady followed him down, and she turned again—I saw both the prisoners—they went down the street, I followed them—one was twenty yards before the other—I chased them right round, and they both came out at the end into Kent Street again—I passed Knowles, and kept my eye on Sherwood—I caught him by a doctor's shop at the corner—I asked him for the property, and Knowles came up and struck me on the jaw—I asked them for the property they had stolen—they said that they would not give me that, for there were a good many of them to stand in—I think it was Knowles said that, and he told the other to kick my b——guts out if I did not let him go, so I was obliged to throw Sherwood down—the people called out "Let them go," and not seeing a policeman I did so—I was kicked on the legs, I do not know who by, and Knowles punched me on the jaw—they sang out for some more of their pals, Bill and Jack—on the next Sunday I saw Sherwood at the station,
and identified him—he was with other men—I afterwards saw Knowles, and identified him.
Sherwood. You said that I had a round hat on, but I had a cap. Witness It was something similar to a wide-awake—I said at the station that I oould swear to your features, but not to your clothes.
DAVID JOHN LEWARN (Detective Officer). On 29th March, about 12.30, I went to the station and saw Sherwood there—he was only placed with his brother then, as it was very late, and Machett identified him—he was afterwards placed with seven or eight other men, and the boys picked him out—I said that it was for stealing a locket from a lady on 28th March—he said he knew nothing about it.
ROBERT PETHER (Detective Officer). I received information, and arrested Knowles on 1st April, at 36, Eltham Street, Kent Street—I told him I wanted him for being concerned with another man in custody, for stealing a gold locket on the 28th—he said that he knew nothing about it—he was placed with four others, and was picked out by Machett—next morning he was placed with eight others, and picked out by Southern.
The Prisoners' Statements before the Magistrate: Sherwood says "I am innocent." Knowles says "I believe the boys have been put up to it."
Sherwood's Defence. It is not because I have been convicted before that I should be the first for them to put their hands upon when a robbery is committed. I gave myself up for snatching a locket and chain, and ever since that if anything is done it is blamed on me. I have been at work since my conviction; this is spite against me.
Knowles' Defence. On the same night that this was done I was at home, having my boots heeled.
SHERWOOD was further charged with a conviction at Reigate, in April, 1868, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude, and Twenty Lashes with the Cat. KNOWLES†— Eighteen Month's Imprisonment.
Before Mr. Justice Lush.
MR. BRINDLEY conducted the Prosecution; and MR. GRIFFITHS the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and BROMLEY conducted the Prosecution.
HENRY RANDALL (City Detective). On 3rd March I went with another officer to 11, Vine Street, Yord Road, Lambeth, and found the prisoner there—I asked her if the name of Chandler was there—she said "Yes, but he is not at home—I said "But you are Mrs. Chandler?"—she said "No, I am not"—I said "Yes, you are," and she ran up to a room on the first floor—I followed, and saw her take something from a table and make towards the fire—I caught hold of her hand and asked what she had there—she said "Only this box"—I took it out of her hand, opened it, and found it contained ten counterfeit shillings, wrapped up separately in paper—I asked her how she accounted for the possession of them—she said that they were left by a party for her to take possession of—she did not say who—I said that I should take her in custody for having them in her possession.
Prisoner. What I hare done was in obedience to my husband.
COURT. Q. Had you known them living together? A. Yes. she had given the name of Mrs. Chandler before, and they passed among the neighbours as Mr. and Mrs. Chandler—I hare known them living together there since November.
Prisoner's Defence. I have sent for my marriage certificate since I have been in prison (handing it in).
NOT GUILTY .
MR. POLAND conducted the Prosecution.
SUSAN ALICE WILSON . I am the wife of Joseph Wilson, confectioner, of 80, Walworth Road—on Tuesday, March 1, about 11 a.m., I served the prisoner with some sugared almonds; he gave me a half-crown, which I found was bad after he left—I kept it separate—on 9th March the prisoner came again for some almond rock—I knew him directly he came in—he gave me a bad florin—I called the manager, and he was given in charge with the coins.
The Prisoner'a Statement before the Magistrate: "I did not know the money was bad on the second occasion; on the Tuesday week I was in the country and not there.
GUILTY — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; MR. WARNER SLEIGH appeared for Hardy, and MR. MOODY for Mark and Jane Reynolds.
FREDERICK DOUNES (City Policeman 102). On 26th February, about 8 p.m., I met Hardy on Blackfriars Bridge—he was bulky about the pockets, and I and two other officers, Berry and Davis, followed and stopped him—I said "What have you in your pockets?"—he said, "Only a bit of tea," producing this small packet of tea (produced)—I said, "Have you anything more about you?"—he said, "Yes, this parcel of sugar"—I asked where he got them—he said, "From the Civil Service in Monk well Street"—the other officer asked if he had anything more about him—he said "No"—I told him he would have to go with us to the station—Berry then put his hand in Hardy's coat pocket and took out four composite candles—we asked him where he got them—he said that he found them among some rubbish at the Civil Service, Ward's Wharf, Lambeth—we charged him with unlawful possession—he said that we should find it all right—we took him to the station and charged him—he was searched in my presence, and two other candles were found on him and a few loose biscuits and some white twine—he gave his address 14, Aldred Street, Bermondsey New Road—I asked him whether he had any similar property there, as it would be necessary for me to go there—he said that he did not know—we went there; Mrs. Reynolds came to the door, and I asked
her if a man named Hardy lodged there—she said "Yes"—I said, "We are police-officers; he is in custody for unlawful possession of some tea and sugar, and we want to search the room he occupies"—a room on the first floor was pointed out to us as Hardy's—we found two boxes there, which we opened with two keys we had found on him, and found a portion of a raw ham, a large quantity of biscuits loose, some honey-soap, corn-flour, spice, candles and other articles, and 30l. 15s. in money—we found in the room a bottle of champagne, and some canvas under the bed, also a pair of new gloves and some nightlights—I said to Reynolds, "Have you any objection to my searching your room?"—he hesitated a little, but afterwards consented—I asked Mrs. Reynolds if she knew that Hardy was bringing these things home, she said yes, and if she asked him how he came by them he told her to mind her own business, and that was all she could get from him—I searched their room in their presence, and found this canister of tea in the bed, placed where the pillow ought to have been—this portion of ham was in a pan under the bed—I said "How do you account for the possession of these?"—Reynolds said "I do not know how it came there; it must have been put there by Hardy—I found two small packets of tea in a box under the bed which the child was lying on, a small quantity of soap, a bottle or two of scent, four or five tint of mustard, some potted meat, some candles, spice, sauce, nightlights, and other articles, all concealed in different parts of the room, or in boxes and drawers—the boxes appeared to be the child's bedstead, and before you could ascertain what was there you had to remove the child from the bed—I told them I should have to take them in custody for receiving—Mrs. Reynolds begged me not to do so—Reynolds said "I told Hardy I should not put any more things away for him—at the station Hardy was fetched up and shown the property found in his room, and he was asked how be accounted for their possession—he looked at them and declined to say—next morning I went to his cell with Barry, and asked him if he wished to account for the possession of them then—he said "No; it will not lighten my sentence any, and I shall not split on any one"—he made a statement to us in his solicitor's presence, before he was taken before the Magistrate—he was at that time instructing his solicitor, and was attending to these papers (produced), which were found on him at the station—Mrs. Reynolds said that she did not see why they should suffer for all when there were others in it—Hardy also made a statement the next day; he had been instructing his solicitor, and the Reynolds were then doing to, but I do not know whether the solicitor could hear it.
Cross-examined by MR. W. SLEIGH. Q. Did Hardy give his correct address readily, without any hesitation? A. Yes—when I went to his lodgings Mrs. Reynolds at once said that he lodged there, and that he was her brother-in-law—Hardy took out the keys and gave them up, but I do not think he said anything about them—I had never teen him before—he has, I believe, been in his present employment for eight years—the articles are all in small quantities, and some of them are broken—the hams are hacked about.
Cross-examined by MR. MOODY. Q. Were you and Reynolds alone together before you went into the room to search? A. Yes, Mrs. Reynolds left the room—that was after she knew that I was a constable—I afterwards went into the room, and found this tin in the place of a pillow—it was not
put into a pillowcase, but the sheet was over it—this was only a bedroom, there were no signs of cooking them there, there was no room for that.
JOHN DAVIS (City Policeman 921). I was with Dounes; what he has said is correct—I followed the female prisoner down stairs, and said "Now, Mrs. Reynolds, you know I am a police officer, have you got any property in your kitchen here that has been brought home by Hardy V—she said "No, sir, I have not"—I asked her if she had any bottles—she said "No"—I took from a shelf a bottle of Chili vinegar, a canister of mustard, a pot of Liebig's extract of meat, and a bottle of salad oil—I asked her how she accounted for the articles—she said "Well, sir, to tell you the truth Mr. Hardy brought them home and gave them to me"—I said "Have you got a back yard here?"—she said, "Yes"—I said "Is there anything in the back yard? you have told me an untruth once"—she said "No, you will find nothing there, I am really telling you the truth"—I went into the back yard, and in a rabbit hutch, found a bottle of herbs and a bottle of catsup concealed under some hay—I called her and asked her how she accounted for those two bottles—she said "Well sir, I put them there"—I said, "When did you put them there?"—she said "While you were searching up stairs"—I said "What did you do that for—she said "Well, I hope you will excuse me and take no notice of it, I put them there to screen my relation"—I said "Who do you mean by your relation?—she said "Mr. Hardy"—I was at Fleet Street station when the property was shown to Hardy—he said he brought them home at different times—I said "Do you wish to give any more account of it?"—he said "No"—at the Southwark Police Court, while we were waiting in the passage, he said that the sugar and tea had been placed there for him to take away (the solicitor was not there then)—he also said "All that you find there is the property of the Civil Service"—I said "Did you buy it?" he said "No," and that he was in the employment of the Parcels Delivery Company, who were in the employ of the Civil Service, and the sugar was placed there for him to take away by another party who he named—I confronted him with that party, and he denied it.
Cross-examined by MR. W. SLEIGH. Q. Have you ever said before, that he said that it was the property of the Civil Service? A. Yes, at South wark Police Court—it was taken down—I do not remember whether my second examination was read over to me—the first portion was, but not the second.
GEORGE ROWE . I am assistant store-keeper at the Civil Service Association, Commercial Road, Lambeth—the stores are under my charge—the Parcels Delivery Company deliver our goods, and Hardy was in their employ—these are the class of goods under my charge—Hardy collected and delivered parcels for us—I placed confidence in him—I have known him upwards of three years—the value of these articles is between 4l. and 5l.
Cross-examined by MR. W. SLEIGH. Q. Can you lay that you have missed any goods from your stock? A. I cannot—I cannot say that these goods have ever been in our possession, but they are similar to what we keep, and I have no doubt they belong to the Association—they are sold by all grocers and factors in London—Hardy has, I believe, been fourteen years in the service of the Parcels Delivery Company, with an excellent character—the empties have to be sent back to us, and we often find that things have been overlooked and left in the straw, and are returned with the empties.
EDWARD ADYE . Hardy is one of our driven at the Parcels Delivery Company—his duty at the Civil Service was merely to assist in loading—he carried large quantities of goods, principally to and from the Civil Service stores—on other days he would go one of our general rounds—it was not part of his duty to take any of these things to his own house.
Cross-examined by MR. W. SLEIGH. Q. How long has he been in your service? A. Twelve or fourteen years—he is one of our special picked men, in whom trust could be placed—many thousand pounds' worth of property passed through his hands in A year.
COURT to GEORGE ROWE. Q. Did Hardy go into your stores and take the things? A. Yes, he loaded his van from the stores—I placed great confidence in him, and allowed him to come on the premises—I had complaints only in one or two instances that customers had not had their goods.
MR. GRIFFITHS. Q. Were there not number of other goods lying about unpacked? A. Yes—it would not be difficult for him to take any of those articles if he felt disposed.
The prisoners received good characters.
HARDY— GUILTY Recommended to mercy by the Jury— . Nine Months' Imprisonment.
MARK and JANE REYNOLDS— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
376. In the case of JOHN REMMANT [See original trial image.] it appearing by the evidence of Mr. John Rowland Gibson, the surgeon of the Gaol, that he was of unsound mind, and unfit to plead, he was ordered to be detained during Her Majesty's pleasure.
ADJOURNED TO MONDAY, 2ND MAY, 1870.