CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 2ND, 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, May 2nd, 1870, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir GILLBRT PIOOTT, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JAMES DUKE , Bart, Sir FRANCIS GRAHAM MOON , Bart, F.S.A., Sir ROBERT WALTKR GARDEN, Knt., and JOHN CARTIR, Esq., F.A.S., and F.RAS., Aldermen of the said City; The Right Hon. RUSSELL GURNET , Q.C., M.P., Recorder of the said City; SILLS JOHN GIBBONS, Esq., WILLIAM JAMES RICHMOND COTTON , Esq., and THOMAS SCAMBLER 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., LLD., 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. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two start (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday and Tuesday, May 2nd and 3rd, 1870.
Before Mr. Recorder.
For the case of John Henry Weston, see Surrey Cases.
MR. HARRIS conducted the Prosecution.
THOMAS TINGEY . I am a shoemaker, of 14, Princes Street, Whitechapel—on Good Friday, I went to bed about 1 o'clock, having locked up the house about 1.30—I was aroused by the police and missed these scales and weights, which were afterwards shown me by the policeman.
HENRY LAMMAS (Policeman K 445). On Good Friday, about 1.30 in the morning, I was in Philpot Street, Whitechapel, which is about—five minutes' walk from Princes Street—I met the prisoner with these scales—I stopped him and asked him where he got them from—he said he found them in the Mile End Road.
THOMAS JEFFREYS (Policeman K 211). On Good Friday morning, about 1.20, I was on duty in Princes street, Whitechapel, and saw the prisoner and three other men—they passed me, about forty yards from Tingey's house—I went on beat and returned in about ten minutes and found Tingey's door open, and I aroused him—I knew the prisoner by sight, and am sure he is the man I saw.
DAVID PIZER . I am a tailor, and live at 9, Princes Street, opposite Tingey—about 1.15 on Good Friday morning my sister called me up, and I saw four men, three entered Tingey's house, and one stopped outside—they were in there about ten minutes—they then came out and went away—the prisoner resembles the man that stood outside, but I can't swear positively to him—I opened my window and spoke to the police, and they went after the men.
Prisoner's Defence. On the Thursday before Good Friday, I was at work at Billingsgate till 8 o'clock; I came home and went to Mr. Goodyer's, in Whitechapel, and stayed there till 12; I then went down the road to smoke a pipe, and on the waste ground I picked up these scales; I put them under
my arm and was coming along when the policeman stopped me—I was taken before the Magistrate and remanded till Monday, and then discharged.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; MR. THORNE COLE defended
Gummings, and MR. BROMBY appeared for Richards.
FREDERICK DOWNES (City Policeman 102). On the 12th April, about 1.30 in the afternoon, I was in St. Panl's Churchyard and saw the prisoners there—I watched them—there was a lady and gentleman coming in an opposite direction to them, from Cheapside; and the prisoner turned and followed them—Cummings placed her hand in the lady's pocket—Richards followed up close behind—she did not succeed in getting anything—two other ladies were passing, and they immediately followed them—the ladies went to look into a shop window—Cummings went up to the right hand side of one of the ladies, followed by Richards—Cummings put her hand through a large muff she was carrying, into the lady's pocket—Richards pushing up close behind—I was standing behind Richards—when Cummings watched her hand from the pocket, I noticed there was something in it, and I watched—them into a doorway, and Cummings dropped this purse from her hand—I called out to the lady—Cummings said "Don't show us up, we shall plead guilty to it"—I took them to the station, with assistance—the lady followed us and identified the purse—it contained a 5l. note, a gold pencilcase, and three or four silver coins.
Cross-examined by MR. THORNE COLE. Q. Did you say anything before the Magistrate about the prisoners following a lady and gentleman? A. I did; and I heard it read from the minute book—there were not many persons about at this time, not more than usual—I was not in uniform—there were no other officers on the spot—there was one near who I handed Commings to, to take to the station—I took Richards, and there was a civilian standing there—he is not here—his name is Waldegard—I have known him some years—he is not an ex-policeman—I have known him assist the police occasionally—it is a hobby—I have known several do it, not for gain, merely for amusement—the prisoners were dressed as they are now, but they changed dresses at the station.
EMILY CHURCH . I am the wife of Henry Francis Church, of Southgate—I wan with my daughter in St. Paul's Churchyard—I had this purse in my pocket, containing a 5l. note, a few silver coins, and one or two trifling things—I had my hand in my pocket, holding my purse—I took it out to take my dress up, and when I put my hand back again the purse was gone in a moment, I instantly turned round and saw the two prisoners—the policeman called to me—I said "My purse is gone," and he said "I have got it."
Cross-examined by MR. TUORNK COLE. Q. Is your daughter here? A. No; she was at the Police Court, but was not asked anything—I did not see anyone take my purse—I had on a woollen dress—I was going to Hitchcock's—this happened just outside a shop before I got there.
CUMMINGS PLEADED GUILTY to a previous conviction in April, 1865.**— Eight Years' Penal Servitude. RICHARDS*— Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. HARRIS defended Cameron.
GEORGE ROTHERHAM LAYERS . I am an eating-house keeper, of 87, Davies Street, Oxford Street—about 12 o'clock at night, on 13th April, I was going home along Brewer Street, when I arrived at a short street leading into Golden Square, two men rushed out and knocked me into the gutter, I instantly felt them a top of me, fumbling about my watch and chain—I lost it—I called out "Stop Thief!"—I afterwards went to the station and there saw the prisoners in custody.
Cross-examined. Q. You cannot recognize them? A. No; I did not see their faces.
JOSEPH CURTIS (Policeman C R 30). About 12.45, on the morning of 13th April, I was in Glasshouse Street, which is near Brewer Street, I heard a cry of "Stop Thief!"—I saw the prisoner Cameron on the top of the prosecutor, and Bresley standing by the side, at the corner of Brewer Street—I pursued Bresley through Glasshouse Street, into Great Vine Street, across Regent Street, into Half Moon Passage, into Little Vine Street, when he turned into Swallow Street—I lost sight of him for a moment when I got into Swallow Street—I saw he was stopped in Piccadilly, and when I got into Piccadilly he was in custody of Detective Beechey and Sergeant Gould—Pickles afterwards brought Cameron to the station.
Cross-examined. Q. How close were you to the prosecutor when you saw Cameron? A. About twenty yards; Glasshouse Street runs from Sherwood Street into Regent Street—it is well lighted—I ran up and got within seven or eight yards of them—no one was with me—there was no one else there—Bresley ran nearest me, and I ran after the one I thought I could catch—he ran one way and Cameron another.
Bresley. Q. Why did not you take me before you got to Piccadillyt? A. Because I could not catch you; I could see you.
MR. GRIFFITHS. Q. Are you sure these are the men? A. Quite sure—I had seen them together not twenty minutes before, at the corner of Windmill Street.
THOMAS PICKLES (Detective C.) About 12.45 on this morning, I was in Glasshouse Street—I heard a cry of "Stop Thief!" and saw the two prisoners running—I had known them before—I saw Curtis following Bresley, he turned to the right up Glasshouse Street, and Cameron turned to the left—I followed him and overtook him in Denman Street—I told him he must go back to the station with me—he said "What for?"—I said I don't know yet, you are running away, anyhow, you will have to go back—he said "Well, I was running because the others were running"—there were no others running—I took him to the station, and as soon as I put him inside the door Curtis said "There is the other man that was on the top of the gentleman"—I searched him and found 28s. on him.
Cross-examined. Q. Whereabouts were you when you first heard the cry of "Stop Thief?" A. In Glasshouse Street—the first cry I heard was from Curtis—I did not see anybody else—Cameron came out of Eyre Street and turned into Regent Street, towards Sherwood Street, Glasshouse Street and Sherwood Street joining—there was no one near him when I stopped him.
Street—I heard a cry of "Stop him!" as he ran past me—I pursued him, Gould was with me; he ran him into Little Vine Street and Swallow Street, and I ran through Piccadilly Place and caught him in Piccadilly—I said "What have you been up to?"—he said "Nothing; I have been bilking a woman"—I took him to the station—I afterwards went round, and about fifteen yards from where I took him into custody I found this watch and chain in the gutter.
Bresley. Q. Did you see me throw it away? A. No, I did not go that way; I have no proof that you threw it away; there was no one else running when I pursued you.
CHRISTOPHER GOULD (Police Sergeant.) I was with Beechey; I saw Bresley running, I followed him into Piccadilly and there stopped him—I asked what he was running away for; he made the reply stated, and also said, "I must have been foolish to run this way"—I did not see him throw anything away—there was no one running near him.
Bresley. Q. Did not I tell you I was running away from a girl? A. You said so at the station.
Bresley. I was not near that quarter, I was in a different street altogether—these officers said they would get it up for me, they have committed per-jury—I was running away from a girl, and she was running after me.
GUILTY . They also PLEADED GUILTY to having been previously convicted— Seven Years' Penal Servitude each.
CHARLES AARON and FRANCIS PLEADED GUILTY .
MR. METCALFE conducted the Prosecution; and MR. MONTAGU WILLIAMS
JAMES COOPER . I live at 86, Burford Street, Birmingham, and am an iron bedstead maker—I am brother-in-law of Mr. B. W. Overson, a japanner, of Birmingham—Mr. Overson is very ill, and unable to attend—he has broken a blood vessel, I have a doctor's certificate—on the 19th April, I went to 12, Cannon Street, Whitechapel, and there saw Solomons and Abraham Aaron—I asked Solomons if the governors were in—he said, "No"—I said "Is the manager in?"—he said "No"—I said "Then you are not the manager?"—he said "No, I am merely a clerk, what is your business?"—I said, "I have come from Birmingham concerning a little hardware goods, I have been recommended by a firm in Birmingham to you, and most probably I may do some business with you"—he said, "In what kind of hardware, we don't have any dealings in hardware goods"—I said I had a friend or two to go to and would be back—I said "What time do you close?"—he said "Seven o'clock"—I said I would be back in an hour—he said "Very well, but you might as well tell me your business, the governors won't be at home either to-night or to-morrow, they are at Brighton"—I said "I won't tell you now, I will come back in an hour"—I came away and saw Mr. Overson, I told him what I had seen and heard, and returned about 5.30—the place was then closed—I went again next morning and saw Solomons, and tendered Mr. Overson's bill for 25l. 4s. 6d., and asked for cash—he said "Oh, I thought you were Overson, why did not you tell me your business last night, and give me your bill, I would have given you 10l., but there came a party directly after you
went and I gave it to him"—I said "You must have been very quick in giving it to him, or the party must have been very quick in coming in, for you said you should not be closed till 7.30, and when I came back at 5.30 you were all closed and gone"—he said "Well, you know what a clerk is, when the master is out of course he likes to get an hour to himself if he can"—I said "That is very true, but can you pay this bill?"—he said no; he had not got a farthing belonging to the firm, he did not know what to do as a clerk; "Consider yourself in my position, you would not know what to do yourself"—I left the invoice with him—I said "I do not know what to do, we must have our money, we merely had enough for our expenses to come up, and we have nothing to go down with—he said, "I am very sorry, but I do not know what I can do, but if that is the case I will borrow you 2l. and give you on account, to bear your expenses down to Birmingham"—I said it was no use my taking 2l.—I did not take it; I left—I went again with Mr. Overson the same day—we saw Solomons, but did not get any money—Solomons offered 2l. on account, to pay our expenses down to Birmingham, and said he would send as much money as he could on Saturday—Mr. Overeon said he could not take that—solomons then said, "Well, I am going out in the course of an hour to collect some money, if I get it, and you take the 2l. and go back to Birmingham to-night, I will send down in the morning for certain what I get"—we then left and did not go back.
Cross-examined. Q. Did he tell you the second time you went with Overson that he was only a clerk? A. Yes—these goods were supplied to Messrs. Cavender and Son, and ordered by them—they were supplied for cash on receipt of the goods—they were not supplied all at once, they were forwarded as they were manufactured—it was one order.
BRYDON (Police Sergeant.) I heard Mr. Overson examined at the Police Court, and saw him sign his deposition—the prisoner, who was represented by a solicitor, had an opportunity of cross-examining him, and I believe some questions were asked—(The deposition of Overson was put in and read as follows:—"I live at 89, Dymock Street, Birmingham, and am a japanner. About five or six weeks ago the prisoner Francis came to my works at Birmingham, and said he was the son of Mr. Cavender. He ordered some goods of me, and said that on receipt of the goods he would send me the cash; before sending any goods I received a letter by post (marked A). This was dated April 7th, 1870, from C. Cavender & Son, Birmingham and Sheffield Warehousemen, Importers and Exporters of every description of Merchandise, and requesting to know if Mr. Overson intended to execute the order.) I wrote a reply to that letter, and on Saturday, the 9th instant, I forwarded a crate of goods to Cavender & Son, Cannon Place, Whitechapel Road, the address Francis gave me; three days after I received the letter produced (marked B). (This was from Cavender & Son, and acknowledged the receipt of the crate, and requested the remainder to be sent as quickly as possible.) On that day I sent another crate of goods, and on the next day I forwarded two more crates of goods, all to the same address. On the 13th I received the letter C; and on the 18th instant I received the letter D. (These requited duplicate invoices to be sent, and stated that a cheque for the amount should be forwarded on Tuesday next.) I also received a telegram (marked E). Read: 'Both Mr. Cavenders are out of town; will telegraph them, and very likely send some to-morrow.' All the crates were full of japanned goods, and were well worth 25l. I have never received
any payment for any of the goods. I expected a remittance on the 14th instant, as my terms were cash.
Cross-examined. After Charles Aaron was in custody he asked me to take the money. I refused. Francis asked me to do the same. I sent a telegram to Cavender on the 13th instant. I told Francis I must have immediate cash to pay my workpeople. Signed, Benjamin William Overson."
DAVID HEDGES . I am a bacon curer, and live at Spicehall Street, Birmingham—on 24th March I received these two orders by post, dated 8th and 13th April, in consequence of which I referred to a person of the name of Williams—I received a reply, and in consequence I sent 7 cwt 3 qrs. of bacon to Cavender & Son, 12, Cannon Place, Whitechapel, worth, 29l. 17s.—I have never received any money—I have since seen the bacon at the Thames Police Court—I forwarded the goods upon the reference of Williams.
ALFRED BYTHEWAY . I am a purse-maker, at Walsal, Staffordshire, in partnership with another—on 11th March I received this letter and order, and on the 30th I sent purses, and pocket-books, and other things to the value of 19l. to Cavender & Son, of Cannon Place—I referred to a person named Williams on 14th March—we received another communication from them in March, on 26th, and in April, 4th, 6th, and 11th—the amount altogether of what I supplied was 19l. 4s. 6d.,—I have never been paid any part of it.
JOHN CHARLES BERRY . I am a provision dealer, of 82, West Street, Mile End—on Monday, 18th April, I was asked by a man named Ansell, who has been discharged, to buy some bacon—I was taken by him to 12, Cannon Place, and saw Solomons—Ansell said to him, "Here is a party who will buy some bacon"—I looked at it, and said it was American middles, which I don't do much in—Ansell asked what I would give a pound for it—I said the most I should give would be 56s., 6d. a pound—Solomons said he would let me know, or something to that effect—on the Wednesday Ansell came to me and said I could have it, and he took my cart and boy and went for it.
Cross-examined. Q. When you first saw Solomons, did you ask him what price he wanted? A. No—I don't recollect his saying anything about the governors—he said he could not give me an answer then, but would let me know.
WILLIAM WILLIAMS . I live at 23, Addle Street, City, and am a commission agent—I was at Cavender & Son's place one day, about a month or six weeks ago, talking to Solomons about some orders that had been given through me to manufacturers, and he said "Have you got any memorandum papers?"—I said "No, I have not"—he turned to Francis, and said in a quiet manner, "It would be quite as well if he had some"—I received some memorandum papers in the course of the afternoon—some of them are in Court—three of them appear to be in Solomon's writing—(These were dated March 24th and 28th, and April 4th, to Mr. D. Hedges, from Cavender & Son)—here are also some in Solomon's writing, addressed to Bytheway & Co.—I was a reference in about a dozen cases.
Cross-examined. Q. It was Francis who asked you to become a reference originally, was it not. A. Yes—I always understood Solomons was acting as clerk to Charles Aaron and Francis—he told me his wages were 22s. a week; I always treated him as their clerk.
MR. METCALFE. Q. Who introduced you to them? A. Solomons; three or four months ago—I have known him between two and three years—
when I first knew him he was a general dealer in Houndsditch, on his own account—he had a partner—I knew him dealing on his own account about six months ago, as a general dealer—I never gave references for him before—I was introduced to the Cavenders as his employers.
SERJEANT BRTDON (re-examined.) I took Francis and Charles Aaron into custody on 20th April—Solomons was then at the station; he pointed to Charles Aaron as his employer of the name of Cavender; he said he was employed at 30s. a week, as clerk—that same afternoon I was in Whitechapel Road, and saw Mr. Berry's cart drive up to Cannon Place, and saw it loaded with bacon—I stopped it, and went with the man who was with it to Cannon Place, where I saw Solomons and young Aaron—I asked them to account for the bacon, and asked for an invoice—they said they had not got one, that it came from Birmingham—he said he knew nothing about it, he was only a clerk employed by Cavenders—I took them to the station—I returned and examined the premises; I found in the back part, which appeared to be an office, some large books, open, as if a large business was being carried on—there were a lot of-things placed round the warehouse on shelves, which on examining I found to be stuffed with straw, and brown paper parcels containing wood—I have recovered a very few pounds' worth of goods, some shell boxes which they got from Brighton; there were none of Bytheway's goods, or Overson's, only the crates.
GEOROE TURNER (City Police Inspector.) I was present when the prisoners were brought to the station with Ansell—Solomons said that he was a clerk employed by Cavender & Son, at 30s. per week, that the bacon had come from Mr. Hedges, Birmingham, that he did not know where Cavender & Son lived—Aaron and Francis were afterwards brought in, and Solomons said, "These are my employers, whom I know as Cavender & Son"—he said they kept no books.
SOLOMONS and ABRAHAM AARON— NOT GUILTY .
FRANCIS PLEADED GUILTY to having been before convicted, in July, 1866.**— Seven Years' Penal Servitude.
CHARLES AARON received a good character. Twelve Months' Imprisonment.
382. JAMES CRISP (18), and WILLIAM SMITH (17) , to a burglary in the dwelling house of William Mark, with intent to steal— [Pleaded Guilty: See original trial image.]Recommended to mercy— Four Months' Imprisonment each.
NEW COURT.—Monday, May 2nd, 1870.
Before Mr. Common Serjeant.
MR. CRAUFURD conducted the Prosecution; and MR. MONTAGU WILLIAMS
Street, St. Luke's—on 31st March, a woman named Bridges came, about 5.30, and I served her with three-halfpennyworth of rum—she gave me a bad shilling—Miller then came in; I showed it to him—Bridges said she was not aware it was bad, gave me a good one, and left—the constable followed her—I afterwards gave him the shilling.
WILLIAM MILLER (Policeman.) On 31st March I was on duty in Old Street, St. Luke's, about 5.30, and saw the prisoner driving towards St. Luke's Church, with Turner and Bridges—he stopped about 100 yards from the King's Head, got out, and assisted the woman out; she went down Central Street, and along Mitchell Street into the King's Head—I followed her, and saw her tender the shilling—she left, and I kept her in sight, and at the corner of Ironmonger Road she met Bryant, who was standing by a doctor's shop—he spoke to her, and they went to the cart, where Turner was—Bryant assisted her in, and then drove towards Shoreditch Church—I got on top of a cab, and followed them—Bridges sat next to Bryant, who was driving, and Turner was on his left—I saw the prisoner take a paper from his right hand coat pocket and give it to Turner, who threw it into a rubbish cart which was passing—I was in plain clothes—I got the assistance of some uniform men and stopped the rubbish cart, and found this packet containing six counterfeit shillings, and one lying loose—I took the prisoner to the station, and showed the packet to Brannan—the prisoner said to Brannan, "You don't know me; I met this woman, and she asked me to give her a ride; I did so, and I would you, or anyone else that asked me"—I received this shilling (produced) from Ross.
Cross-examined. Q. How far had the cart gone from the public-house where the shilling was passed? A. Nearly a mile—it was more than half-a-mile—I was outside the cab, by the driver, and the cab was as near the cart as I am from you—the prisoner was driving on the right—he had no whip, nothing but the reins—I found the whip at the bottom of the cart—the woman was in the centre, and the boy on the left—he passed the parcel across the woman—the money was thrown to the left—I jumped off the rubbish cart when I found that the prisoner ran away, and I had not time to enquire the owner's name; I have tried to do so since—the two officers are not here—there is nobody else here who saw what took place between the cab and the cart.
JAMES BRANNAN . Miller called me at the station, and the prisoner and Turner were there—I said "That is young Cover"—the prisoner stood up and said "You never saw me before in your life, and I never saw these people before in my lift; they asked me to give them a ride; and I would give you one"—I said "Thank you, Mr. Gover, I don't want one"—he said "I never saw that money"—I received this packet of coins, and examined them in his presence; three of them correspond in date with the one uttered by Bridges.
GUILTY —He was further charged with having been convicted of a like offence at this Court, in January, 1863, in the name of Gover, to which the PLEADED GUILTY.
MR. CRAUFURD conducted the Prosecution.
The same evidence given in the last case was repeated.
Bridge's Defence, I picked them up, and did not know they were bad, and I did not know what the officer stopped the cart for. I asked Bryant to give me a ride. I showed him the coins, and he said "Throw them away, or they will get you into a deal of trouble." I threw them on the cart with my right hand. If there is any guilt, I am the guilty party.
BRYANT— GUILTY — Ten Years' Penal Servitude.
BRIDGES— GUILTY — Fifteen Months' Imprisonment.
TURNER— NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JOHN HOLLOWAY . I am a chemist, of Wood Green—on 5th April, about 4 o'clock, I served Groves with a pennyworth of zinc ointment, and as I handed it to her she put a shilling into my hand—I put it in the till, and gave her change—there was no other shilling there—I found it was bad five minutes afterwards—I went out and saw her sixty or 100 yards off—M'Pherson joined her, and they walked together about a quarter of a mile, to Wood Green Station, and went towards Maize Road—M'Pherson ran away—I gave them in custody, with the shilling, which I marked.
M'Pherson. Q. How much silver had you in the till? A. Only a six-pence and fourpence—I had given change for a half sovereign only a few minutes before—three coins were put into the Magistrate's hand on 1st January, and only two on the second—I do not know why that was.
MR. CRAUFURD. Q. Did your niece, Angelina Adams, hand you another shilling that day? A. Yes.
WILLIAM BURCELL . I am a dentist, of Finsbury Road—I was in Mr. Holloway's shop, and saw Graves give the shilling—from something I heard I looked outside the shop, and saw M'Pherson join her—they walked and talked together, and shortly afterwards Holloway came up with a policeman, who tapped M'Pherson on the shoulder, and he ran away—Graves went on quick as she could down the road—she ran and walked too.
M'Pherson. Q. How long had you been in the shop when she came in? A. About an hour—I was conversing—I do not remember anyone coming in for change—I saw the niece come through the shop to speak to Mr. Holloway, after Graves had left—Mr. Holloway did not seem to have any other silver in the till—he had not the least difficulty in finding the shilling, and he told me it was bad—I told him which way you had gone, and I was within 150 yards of you when you were arrested about three-quarters of a mile from the shop.
EVANGELINE ALLEN . I am Mr. Holloway's niece, and live with him—on the afternoon of 5th April I saw the two prisoners in the road together, standing opposite the shop, and saw M'Pherson throw a shilling away—I went down stairs, and out at the private door (not through the shop), and picked it up, near a grating—I returned by the private door, went into the shop, and gave it to my uncle.
M'Pherson. Q. What floor were you on? A. The second—I do not remember whether the window was open or shut—you stood facing me, and I saw money in your hand—I am quite sure it was a shilling—I noticed
the place well when it fell—I lost sight of the shilling while I went down stairs not more than two minutes elapsed before I picked it up—you were running along when you threw it—it was bent when I picked it up, this is it.
SAMUBL TURVER (Policeman.) I was on duty at Wood Green, received information and went after the prisoners—I saw them crossing the common towards Maize Road—Holloway went to the other end—I saw M'Pherson run up Middleton Road, pursued by Holloway—Groves went towards London—I took hold of her, and she said, "You are not going to take me, they have taken one for it"—I said, "What for?"—she said, "For the bad shilling; let me go, I won't walk a peg"—I took her to the station, and next day she was remanded—the prisoners were placed in adjoining cells, and I heard M'Pherson call out "Poll"—Groves said "Yes"—he said "Did they search you?"—she said "Yes, they took off all but my shift"—he said "Did you ding it then?" that means get rid of it or throw it away—she said "Yes"—he said "Tell the Beak that you took a shilling from a gentleman in the dark, and the other a gent gave you when you were cadging at Wood Green with your bad foot, and that you never saw me before I met you at Wood Green and asked you to have something to drink"—he also said "Is that bloke a widower you went to see the other night; had he any stuff on him?"—I suppose he meant money or property—Graves was searched at the station, and 3s. in silver and 14 1/2. in copper was found upon her—I received these two shillings (produced) from Mr. Holloway.
M'Pherson. Q. What money was found on me? A. 4s. 6d.—I did not stand with the cell door open while Graves was searched—her clothes were not thrown out to me, and I did not search them—the passage is 24ft. or 25ft. long—you were in the first cell—I heard the conversation shortly after you came back from the Magistrate—I was listening and waiting for you to speak—Policemen 46 and 173 also heard it—there is a small door in the cell door with holes perforated in it in an iron plate—a person putting his eye to the holes could not see the length of the passage, the depth of the door would prevent it, it is 3 in. thick—I wrots the conversation down at the time—I marked one shilling H and the other T in your presence—I had a third shilling after you were locked up, from where you had bought half an ounce of tobacco—I produced it before the Magistrate, but it was not given in evidence—this is it (produced)—I enquired and found that you had tendered bad coin at several places in Wood Green.
HERBIRT CALLAWAY (Policeman Y R 46). I was in plain clothes, and went with Holloway after the prisoners; they were walking and talking together—I overtook them in Maize Road, touched M'Pherson on the shoulder, and told him I was a policeman—he said, "Well, you will have to catch me"—I pursued him 400 yard a, took him, and found 4s. 6d. on him—I took him to the station, and next day, after the prisoners were remanded, I was with Turner and heard the conversation—M'Pherson said "Pull"—Graves said "Yes"—he said "Did they search you?"—she said "Yes, they took off all but my shift"—he said "Did you sling it then I tell the Beak that a gentleman gave you a shilling in the dark, and the other a gentleman gave you when you were cadying at Wood Green with your bad foot. Was that bloke you went to see the other night a widower; had he any stuff on him?"
M'Pherson. Q. At the time I was arrested, what distance was I from Wood Green? A. A milo and a half, I should say—You did not say, "I
understood you to say that you wanted me for a deserter"—Graves was brought in ten minutes or a quarter of an hour afterwards—no bad money was found on you—Turner took your conversation down two or three minutes afterwards, in ink—the passage is about 20ft. long.
M'Pherson in hit defence stated that if Holloway had given change for the half-sovereign, Burcell, who was in the shop, must have seen it; and that that whole story not a fabrication.
They were both further charged with having been before convicted of like offences, to which they
GRAVES**— Seven Years' Penal Servitude.
M'PHERSON**— Seven Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
EMMA HARVEY . I live at 41, Ashdown Street, Kentish Town, and am eleven years old—on Saturday evening, 9th April, I was sent on a message for my mother—on my way I met the prisoner—he said "Will you go and get me a half-quartern loaf, and I will give you a penny when you come back"—Emily Scott was with me—the prisoner gave me a florin, and I went to Mr. Philby's for the loaf, gave him the florin, and he spoke to me and went over to the prisoner—I pointed him out—Mr. Philby asked the prisoner why he gave it to me, and he denied giving it to me—I am quite sure he is the man who gave it to me.
Cross-examined. Q. What time was this? A. Between 7 and 8 o'clock—I had seen the prisoner before, up and down our street—the man had moved when I came out of the shop, he had gone round the corner—there was no woman there—he was alone—he called a woman up after, and she was taken to the station, too.
EMILY SCOTT . I am twelve yean old, and live with my parents at Tavern Street, Kentish Town—I was with Harvey and saw the prisoner—he asked her to go and fetch him a half-quartern loaf and he would give her a penny—he gave her a florin and she went to the baker's shop—I left her and went home—I came back and the prisoner had moved round the corner, and I saw Mr. Philby and Emma Harvey go over to him—I did not hear what pawed—the prisoner is the same man.
Cross-examined. Q. Was he standing still when Mr. Philby went to him? A. Yes—I was going on an errand and I met Emma Harvey, and stood at the corner while she went and got the loaf—I never lost sight of the prisoner from the time he gave her the money.
GUILTY .*— Nine Months' Imprisonment.
MR. CRAUFURD conducted the Prosecution.
WILLIAM CARPENTER . I keep an eating-house, at 50, Cable Street, White-chapel—on Friday, 22nd April, the prisoner came there between 12 and 2 o'clock for a pennyworth of pudding—he gave me a florin—I gave him the change and he went away—I put the florin in the till—there was no other florin there—I afterwards found it was bad—the prisoner came again between 8 and 9 o'clock in the evening, and asked for two pennyworth of tart—I recognized him—he gave me a bad florin—I gave him in charge with the
florins—my house is about a quarter of an hour's walk from Flower and Dean Street.
Witnesses for the Defence.
SOPHIA CONNELLY . I am servant at 4, Flower and Dean Street, Spital-fields—the prisoner lodged in the house—I don't know what he is—I have seen him with songs in his hand—on Friday, 22nd April, I called him in the morning, about 11 o'clock—he was in bed—I saw him again, about 2 o'clock, in the kitchen.
Cross-examined. Q. You know nothing of him from 11 o'clock till past 2? A. No.
JANE SCRAGG . I live at 4, Flower and Dean Street, and live in the same house as the last witness—it is a lodging-house—on Friday, 22nd April, I saw the prisoner, about 2 o'clock in the afternoon, at the house.
Prisoner's Defence. I did not know it was counterfeit.
GUILTY — Six Months' Imprisonment.
NEW COURT.—Tuesday, May 3rd, 1870.
Before Mr. Common Serjeant.
LEWIS HARES . I am a chemist, of 145, Houndsditch—on 11th April I served the prisoner with a seidlitz powder, which came to 2d.—she gave me a florin, which I put into the till, and gave her the change—there was no other florin there—I found it was bad ten minutes afterwards, and kept it—three days afterwards the prisoner came again for a seidlitz powder, and gave me a bad shilling—I recognized her, and gave her in custody with both coins.
ROBERT RUDDOCK (Policeman.) On 14th April Mr. Hares gave the prisoner into my custody with this shilling and florin—one halfpenny was found on her—she said the money was given to her, and she did not know it was bad.
JAMES STEVENS (Policeman C 24). I received charge of the prisoner and this coin, which I marked at the time—she gave her name Mary Brown, Hart's Gardens, Drury Lane—I went there, but could find no such person—she was remanded till the 24th, and then discharged.
GUILTY — Nine Months' Imprisonment.
ANNIE WYBROW . I am barmaid at the New Market Hotel, King Street, Smithfield—on Monday, 14th March, about 10 o'clock at night, I served take prisoner with three-halfpennyworth of rum—he gave me a bad florin—I bent it, and tent for Mr. Kite, who gave him in custody.
WILLIAM HENRY GOODINOE . I am a stationer, of 18, Aldersgate Street—on 28th March I served the prisoner with two dozen postage stamps—he gave me a bad florin, which I returned to him—he was leaving the shop, and I called him back and asked him where he came from—he said he could not tell me—I informed my brother, who gave him in custody with the coin.
GUILTY — Nine Months' Imprisonment.
MESSRS. METCALFE and BEBLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
BERTRAM ROBERT JOHNSON . I am a clerk in the Record Department, Bankruptcy Court—I produce the file of the proceedings in the bankruptcy of George Bransbury, who made his, petition on 19th July, and the adjudication was on the same day—the choice of assignees was on 6th August; they were Mr. Robert Stack and Mr. Robert Blake—the accounts were filed on 2nd November (The accounts were put in, and showed a deficiency of 33l. 11s. 7d.)—I also find this: "The following is a true list of all my property," which he enumerates; it is signed "George Bransbury"—I find a goods account, a cash account, and a deficiency account, filed on 17th January, 1870—in the cash account and the deficiency account I find reference made by him to the books which he did give up—there was a private meeting on 8th December—he passed his last examination on 8th February—this (produced) is the last examination form (This was sworn before the Registrar, J. R. Brougham, by the defendant, and stated that the statement of accounts, and the books and papers filed, contained a full and true disclosure of all his estate and effects, both real and personal, and that he had not concealed, embezzled, or destroyed any of his books)—on 18th February, here is an order of Mr. Spring Rice for the prosecution.
Cross-examined. Q. Was there a ten days' statement, filed about 2nd November? A. Yes, and cash account on the same date—I found in that the name of Broadbent—here is an account extending from May 30th, 1868, to July, 1868, in which I find money received, 251., and on 6th June, 1869, 5l. from the same person—on 20th May, 1869, on the reverse side, I find 10l., and on June 26th, 5l. from J. Broadbent—it is not stated to be for rent—on 16th July here is a farther sum of 5l. from Broadbent—there is a long examination of the bankrupt attached to the proceedings, and also of Gibbs and Broadbent—all those examinations took place on 8th December, 1869, before Mr. Registrar Brougham, who passed the bankrupt on his last examination.
MR. BESLET. Q. You were not in Court, and you do not know the circumstances under which he passed him? A. No.
HENRY JOHN SAMUEL WALKER . I am clerk to Mr. Paget, the official assignee in Bransbury's bankruptcy—he received nothing up to the appointment of creditors' assignees, and he has only received 6s. 6d. altogether—it is usual when a bankrupt presents a petition, for written books to be delivered to him—this book (produced) with written questions to answer, was delivered to the defendant—there was then no writing against the printed questions—I did not deliver it to him—it came back with the answers written.
EDMUND PONCE HARDWICK . I am a member of the firm of France & Hardwick, solicitors, of Littlehampton—they acted for the creditors—I find the defendant's signature at the end of this book (The book was put in and read).
WILLIAM HUMPHREYS . I am clerk to Mr. Stubbs, messenger of the Court of Bankruptcy—I took possession of the bankrupt's stock and furniture; but not of his books—this (produced) is the inventory—the bankrupt was there, and I took possession of all he showed me—I left before the goods were sold—they were delivered into Streeter's possession.
Cross-examined. Q. Where were the goods? A. In the painter's work-shop, at the back of the High Street, and some at the carpenter's work-shop, at the back of Surrey Street—he was residing at the house in High Street—there is a cottage at the premises in Surrey Street, close adjacent to the workshop—I have heard that a person named Gibbs lived there.
MR. METCALFE. Q. Is the cottage detached from the house? A. No, attached to the large house, Surrey House, I think it is—it is merely the buck part of the house.
THOMAS N. STEADMAN . I am landlord of the Norfolk Hotel, Little-hampton, and know the prisoner—he came to me two or three weeks before his bankruptcy, and asked my permission to place a few of his building utensils in an out-building which I had—I gave him leave—it was not attached to the hotel, but at the further end of some meadows, not three minutes' walk from his carpenter's shop—I did not give him permission to go through the hotel yard—he was to provide himself with a key, and he afterwards told me that he had obtained one, and I placed some of his effects there—when I passed by occasionally I saw some scaffold poles, ladders, and what appeared to be two tubs of cement—they remained there a month or six weeks—on the day of the sale, or the day after, I heard a conversation in the smoking room, in consequence of which I said some-thing about the things in the shed, and after that Mr. Hardwick came, and the good were seized and taken possession of by Mr. Streeter, the auctioneer—I then saw two hand trucks, which I had not observed before.
Cross-examined. Q. How long have you been residing at Littlehampton? A. Since 25th March, 1869—the prisoner is, comparatively speaking, a stranger to me; I never spoke to him twice in my life—I cannot get the date when the prisoner came to me—I have always heard him spoken of as a respectable, hardworking, industrious man—everybody in the country round knows Messrs. Hardwick & French—I saw cement in one of the casks, it was half full.
ROBERT WILLIAM GRUDGFIELD . I keep the Britannia Hotel, Piear Road—there is a shed in rear of my house, and a loft, and distinct from them a skittle alley, covered in—a narrow lane loads to the back of my premises to
the Pier Road, and there is ft doorway from the back of the bankrupt's premises into the lane—there is not more than 3 ft between our back doors in the lane—about the beginning of July last, the bankrupt came and asked me if I had got a place I could let him put some things into—I said yes, I had a place which I wanted to let—I took him to the back premises, and showed him the shed, with a loft over it—he said it would do very well, and he would take it—I said nothing about rent—I saw nothing of him afterwards for a month or two—I never saw him on the premises, or any of his people—two or three days after the conversation I noticed a padlock on the door, which had not been there before—I never saw anything put into the loft or in the shed—one or two empty casks are in the skittle alley now, and several things were put there, some old scaffolding boards, two or three old broken sashes, and two or three empty casks, such things as I should put no value on—I saw nothing taken in or out—there were chinks in the flooring before the bankrupt took the loft, and you could see into the loft; but they were covered up afterwards—I do not know what was in the loft—two or three months after the lock was put on, the bankrupt called and asked me if I had heard of his little affair—I said I had not—he said that Mr. Hardwick would advance him no more money, and he should have to go through the Court; he did not wish to got me into any trouble, and he would take the things off my premises—I said "Yes, do, do not get me into any trouble—I afterwards noticed that the lock was taken off—after the witnesses came up to London I went to Mr. Streeter and gave him information, and next morning Mr. Streeter and Mr. Hardwiok came to my place—some old scaffold poles and worthless things were found on my premises, and the old things in the skittle alley, and a few empty cans in the loft—he never used the shed.
Cross-examined. Q. How long have you known the prisoners? A. About twelve yeas—he has been a respectable, honest fellow all the time he has been there—his wife has been ill, and I have heard that he had trouble at home—if the things had been sold they would scarcely pay my rent, they were fit for nothing but firewood.
SUSAN GRUDOFIELD . The bankrupt came to our premises with his son and his son-in-law, Mr. King—he brought some new window-sashes, and a roll of lead, which were put into a loft over the shed—that was all I saw—there was a lock on the loft door, and I had no opportunity of seeing what was inside—I do not remember seeing them there again, or seeing the things taken away—they were brought before the bankruptcy, between 6 and 7 o'clock in the morning.
Cross-examined. Q. Have you known the prisoner? A. Yes, and his wife; she has been ailing a very long time, and is a confirmed invalid—he has always lived in High Street—our premises adjoin the workshop in Surrey Street—I never heard anything against his character.
HENRY MILLARD . I live at Littlehampton, and remove goods—I know the prisoner very well—he came to me about two months before Christmas, 1869, and I removed some goods for him from the back of the house he owned in Surrey Street, and put them in my stable in Bury Lane, about a quarter of a mile off—there was, I think, a pump or two, and a pipe of lead; they did not half fill the two-wheeled cart—it was about 6.30 in the morning—I carried them about half-way, and my son delivered them and put them down—the prisoner was present when I took them—they remained in my stable six weeks, until Mr. Hardwick took possession of them
—there were a quantity of laths, and some iron weights—I took them from the other shop in Duke Street, and put them in my stable the same day, I believe—there were two journeys—he agreed to pay rent but never did.
Cross-examined. Q. How long have you known him? A. Ever since I can remember—he paid me 2s. or 2s. 6d. for drawing the goods away—I could not swear to the things if I saw them.
JURY. Q. Did you have a cart-load the second time? A. Only some laths and iron weights.
JOHN SIMMONS MILLARD . I am the son of the last witness, I drove the cart from the Britannia—it contained two or three pumps, and old things—I removed the laths from Duke Street myself—I afterward saw things like them in Mr. Snewin's possession.
Cross-examined. Q. Have you known the prisoner some time? A. Yes—he did a great deal of building—he paid me my wages—he had a painter's shop at the back of High Street, opposite our house—his time was up when he moved the goods.
MR. METCALFE. Q. Did he tell you he was going to be bankrupt? A. No.
JOHN COOK . I am landlord of the Beehive, High Street, Littlehampton, which is one corner of the lane running into the High Street, and the defendant's place was at the other corner—on 8th February, this year, young Brausbury brought some things and put them into my cellar—I saw some of them, not all—I saw a pail and some Swede turnips—when I found out the quantity of things which had been brought I gave information to the assignees, and the things were taken possession of—I had heard of the bankruptcy.
Cross-examined. Q. What else was brought? A. Some brooms and earthenware pans, by his son—it was on 8th February—I do not know that the defendant was at that very time in prison—I saw him the day before—he was taken in custody on the 8th, but he did not leave in the morning—the son has been carrying on the business on the father's premises, and the mother was ailing and confined to the house.
JURY. Q. What other things were there? A. On Friday, when I went into the cellar, I found a lead pump—there was a box, which Mr. Hardwick opened, and it contained books.
ELIZABETH BENNETT . I am a charwoman, and work at the Beehive—on Tuesday, 8th February, I saw Mr. Bransbury's son going in and out of Mr. Cook's cellar frequently, from the afternoon up to 5 or 6 o'clock—he brought a lead pump, and a box, and a jar of colour, some earthenware pans, a saucepan, a box, and some dishes—the box was brought between 4 and 6 o'clock—it was light at that time—I believe the things are in the cellar now—I have seen all but the box there since Mr. Hardwick came—I did not point them out, but Mr. Cook saw them on the following Thursday, and spoke to me about them.
Cross-examined. Q. Do you know that on that day Mrs. Bransbury and her sun had been turned out of the house by the assignees? A. No.
JAMES ANDREW SNEWING . I am a surveyor to the Local Board of Health, Littlehampton—I have made this plan (produced) to a scale, it is correct—it shows the Britannia Inn and the bankrupt's premises adjoining, also High Street and Duke Street, and the stable to the Norfolk Hotel—I have coloured green the place mentioned where the goods were found—on the 21st February I received directions from Mr. Hard wick's clerk to go to
Millard's stable—I made the inventory of what I found there, two lengths of lead pipe, and a coil of lead, weighing together 5 cwt. 2 qrs. 2lbs., a lead pump, some weights, laths, and other articles, value 11l. 19s. 9d.
Cross-examined. Q. Do you know that the bankrupt's son has been carrying on the business? A. I do not.
JABEZ STREETER . I am an auctioneer, of Littlehampton—I was employed by the assignees under the bankruptcy—I went to the Norfolk Hotel, kept by Mr. Stedmun, and took possession of some goods, of which I have an inventory—there were two builder's trucks, four ladders, two empty cement casks, a galvanized pail, and a hogshead—they are still in my possession—they are worth from 3l. to 4l.—some time afterwards I went to Mr. Grudgfield's and took possession of a thirty-six gallon copper, a cask containing twenty-eight gallons of tar, a wash tub, two sash doors, a deal frame for a door, and other articles, value about 5l.—I think the loft was unlocked—it was 4ft. 4 in. long, 10 or 14ft wide, and 12 or 14ft high—it had no ceiling—I think one of the cans was marked "Mander"—there was a label on it directed to Mr. Bransbury—one of those was shown to Mr. Stark—I went to the Beehive and found a mould for running lead casements, a box of books and papers, which Mr. Hardwick took possession of, a keg of Turkey umber, and some boards, and other small articles, worth about 4l., but the box and the books I put no value upon—I afterwards went to a field with Mr. Hardwick, who took possession of a ladder of about forty rounds, value about 30s.—it was about 200 yards from the premises in Surrey Street, lying under a wall in a field—the bankrupt had a horse, two carts, and two sets of harness before the bankruptcy, which I saw in his possession three or four weeks afterwards—I saw them when I was taking the inventory for the sale, under the bankruptcy, and he told me they did not belong to him—he had them I should think a year before the bankruptcy—I prepared the inventory of sale—the first sale was the 25th August, 1869—that was a sale of stock given up by the bankrupt—52l. 2s. 6d. was the gross amount of the sale—I don't think that included any of the property at the Norfolk or the Bee-hive, or in the field.
Cross-examined. Q. Have you known the Beehive a long time? A. Yes, twenty years—I have done business with the defendant and had money transactions with him—he has proved fully trustworthy—the second sale was on the 16th February, of the furniture, that realised 30l. 11s. 3d.—down to the 16th February, 1870, the defendant, his wife, and son, resided at High Street—the messenger went into possession before the first sale—he took an inventory, and then left the possession in my hands to conduct the sale—the bankrupt and his son were both present at the sale of the stock, on the 25th August—I went carefully over the house in Church Street, and the painter's workshop in High Street, and the house and carpenter's workshop in Surrey Street—some building materials were kept at the carpenter's shop, but not much—the bankrupt bought things to the amount of 19l. 1s. 6d. for himself—I think there were some sashes and frames similar to those I found at the Britannia; those were the only things—the son did not buy anything—I have the names of all the persons who bought things, and I have not his name—Mr. Gibbs was not at the sale—the defendant told me that the two carts and harness belonged to Broadbent, but not the building materials—I was not told that he sold the building materials to Broadbent—I had not a written notice from Mr. Gibbs—I have
got the things now, and am holding them for the assignees—I don't know whether Broadbent is a creditor.
EDMUND PONCE HABDWICK (re-examined.) I took possession in the second week in February of a wooden box, which was secreted in the cellar of the Beehive—a policeman came to my house—I had the box taken to my office and sealed up, and on the following day I opened it and found a quantity of books and two new ledgers containing accounts, and amongst them a number apparently unsettled, I think to the amount of about 40l.—there are debts as to which liability was incurred—one is an account of Joseph Duffield, February 20th, 1869, and there are some previous to that—they continue down to 19th July—there is one of Mr. Wright, another of Mr. Staples, Mr. Cook, Mr. Snewing, and Mr. Charles Saunders—among the papers I found an estimate book—I could not state whether all the books are in the defendant's writing—here is one entry at the end for some work done at the police station—that is in his writing and signed by him—it is the estimate of work made for Captain Montgomery, and is signed "George Bransbury"—there is no date—the amount is 3l. 15s. 6d.,—I also find Captain Montgomery mentioned in the ledger account—it is not marked off as paid—it is one of the open accounts, but Captain Montgomery has paid it to the estate since the bankruptcy—here is an account which appears to be made out against Mr. Cook in the first part of the ledger; it begins December, 1868, and ends January, 1869, and the same account, with a trifling alteration, appears in July, 1869—it is almost identically copied but on a different date—the date has been altered in many places in the books, and some dates are altered by erasures—here is one account against Mr. Harmsbury, it is dated in July and the date has been scratched out and the 30th put in on an erasure, subsequent to the date of the bankruptcy—there are fifty-two accounts altogether subsequent to the date of the bankruptcy—there has been no information by the bankrupt with reference to those fifty-two accounts, they amount to 34l. 5s. 2d.—I believe, originally, when the totals were taken out as they first stood, the debts entered in this ledger represented 70l. or 80l. but when they came to analyze them, and the collector came to collect them, there was a set-off which reduced them to 34l. 5s. 2d.—there is no information in the books about any of the 80l.—this (produced) is the original estimate which I got from Captain Montgomery—it is a copy of the one in the estimate book—it is dated 12th June, 1869—his son claimed the amount, and brought an action in the County Court, and the Judge decided in the defendant's favour—I find no trace of any of those accounts in the bankrupt's books—I found a number of invoices in the box, as if made out for delivery from the ledger, as due to George Bransbury.
Cross-examined. Q. How long have you known the defendant? A. About three years—I have only been professionally engaged for him about a year and a half, or two years—I did not send him in rather a heavy little bill previous to his bankruptcy, claiming 300l., which turned out to be only 200l. afterwards—I rendered him an account, previous to his bankruptcy, for 364l. 16s. 11d.—he was in a very small way of business, but was doing some large work for a client of ours whose estate we were winding up—the total amount due to him was about 400l., and to assist him I frequently paid him in advance before the money was due, to carry out his work, and that money would be due to him some day—I mean I advanced him money in expectation of getting for him what was due to him, and which would pass through our hands—this bill shows 244l. 14s. 11d., balance due to him up to June—we
took an equitable charge upon his property when he had exceeded a certain amount.
Q. You take precedence of everybody? A. We hare an equitable claim, which is not likely to be realised—we are not the persons who mortgaged the house in High Street for him—I did not conduct the mortgage business in Surrey Street—I don't know what business we ever did conduct for him—Mr. Hazlegrove's mortgage was prepared in our office—I did not buy the house in Surrey Street for him—the mortgage to Mrs. Tomkins was not carried out in our office—I prepared the lease of the premises in Surrey Street—it was executed—I never heard of any rent being paid—the rent to be paid was 40l. a year—I did not know that he had notice in September, 1868, to leave the workshop in High Street, in March, 1869—I don't even know who the landlord was—I may have conducted part of the mortgage to Hazlegrove; our people in the office did not do the rest—the Surrey Street business, I believe, was conducted by a solicitor, at Arundel—I never heard that he was in bad health in 1869—I know nothing of his family.
JURY. Q. Has this 400l. been recovered? A. No; we have never charged him the slightest interest.
MR. METCALFE. Q. You have lent him money as a surveyor would have done? A. Yes—this account shows an advance of 720l.—the amount of the account he would have to receive would be 672l.—when he exceeded the 742l., and no more moneys were coming, I said "You must secure me"—he was allowed by the assignees to remain in the house, in High Street, till February, as an act of kindness, and to use the furniture—that explains why the furniture was not sold at the same time as the stock; it was to enable his wife to carry on her business of a cook's shop—I got no rent from Broadbent, Gibbs, or anyone else—I never saw Broadbent till to-day.
JOHN PARKER (Police Sergeant). I am stationed at Littlehampton—Captain Montgomery is the chief constable of East Sussex—about the beginning of June I went to the different painters in the town, and to the defendant, who gave me an estimate, and the work was done between 14th and 24th July—I did not see the prisoner there or his son; a man named Hitchcock, who had been apprenticed to him, worked for him; he and a boy did it all—the chief constable went down about the payment, but I do not know what transpired.
Cross-examined. Q. Has not Bransbury borne an excellent character during the time he has been at Littlehampton? A. I never heard otherwise.
CORNELIUS HAWKINS . I am clerk to French & Hardwick, of Little-hampton—since the books were found at the Britannia, I have collected six small sums of money, 14s., 1l. 4s. 8d., and 2s. 3d.—I have called upon seven other persons, who have not paid their accounts, amounting to 9l. 12s. 8d.
Cross-examined. Q. Did you know any person named Gibbs in his employ? A. No; I do not know that he has been collecting money.
JOSEPH DUFFIELD . I am a tailor and hatter, at Littlehampton, and have had business dealings with the defendant—I have been shown the ledger found at the Beehive, and have seen an account for 21l. 11s. 6 1/2 d., for goods supplied and work done about July last—I had made an arrangement to let him have clothes, and I had let him have clothes before his bankruptcy,
to the amount of 7l. odd—there is a balance due of 3l. or 4l., giving him credit for what I supplied since the bankruptcy—he is as upright a man as I have done business with for the last thirty years—I never fell in with a more honest man than he was before this job.
CHARLES SAUNDERS . I am a master mariner, in May, 1869, I went a voyage to the Baltic—before I went I employed the defendant to paint my house, in Littlehampton—I came back on 29th July, and he had scarcely begun the painting—he had supplied me with a bucket and sucker to a pump, before I left; I think the price was about 7s.—when I returned he had repaired the cement, he said he could not get on with the paint till the cement was dry—I got his account some time in November; I have not paid it all.
HAYWARD. I am a jeweller, of Littlehampton—on 1st April, 1869, I employed the defendant to fit up and paint my shop—on June 1st, I paid him 5l. on account, and on 10th July, 4l. 18s. 2d., making 9l. 18s. 2d.
Cross-examined. Q. Do you mean that you paid it to the bankrupt himself? A. Yes, in my shop—I have heard of a person named Gibbs in his employment.
THOMAS STAPLES, JUN . I am landlord of the Cricketer's Arms, Little-hampton—in July, 1868, I employed the defendant to make a sign-board, paint it, and put it up—it came to 3l. 4s. 3d.—he owed me 35s., and I was indebted to him for the balance.
WILLIAM WRIGHT . I am a hairdresser, of Littlehampton—in April, 1869, I employed the defendant—his work was finished early in May—it is entered in this ledger, under date of June 15th—I am sure it was not done in June—on 7th July I paid him 1l. 18s. 6d., which, with 1l. I paid him before, makes 2l. 18s. 6d.
ALFRED AYLING . I am a carpenter, of Wick, Sussex—I employed the bankrupt last year to do work for me; this account, beginning in March, 1869, correctly describes it—it was done at those dates, as far as I know—on 10th July, 1849, I paid him 15s., and have the receipt (produced)—I am still indebted to him for the balance, 19s. 10 1/2 d.—I have never had the bill.
RICHARD HAMMOND . I am a pork-butcher, of Littlehampton, and a tenant of Mr. Cook's—last spring my shop was whitewashed, and a few weeks before that some work was done by the prisoner—this work, described at page 28, was done early in May, but it is charged on 31st July—a partition was done a month or two before that; two sets of work were done.
E. P. HARDWICK (re-examined). This receipt of 10th July, 1869, is the defendant's writing—I cannot say anything about the other, it is so smudged—these (produced) are the ledger and supplemental ledger spoken of in the accounts.
Cross-examined. Q. Have you looked through them? A. Yes—I have heard of Gibbs, and have seen him—I do not know that he acted as the bankrupt's clerk—I was not present at his examination at the Bankruptcy Court—I am aware that there was a long cross-examination, by the bankrupt, of Gibbs and Broadbent—I believe Gibbs kept the bankrupt's books from June, 1868, to the bankruptcy—I have referred to the accounts as filed, but have never compared the accounts, as filed, with the old ledgers—the new ledgers are in a variety of writings—there is no trace of the 80l. worth of debts.
JABEZ TICKELL . I am articled clerk to Tibbetts & Co., who were employed as solicitors to the assignees—I hare attended to the matter from that time—I was present when the bankrupt passed his last examination—I before he passed, he was warned by Mr. Reed, the Counsel, that his accounts were false, and that if he chose to pass on those accounts he did so at his peril, and Mr. Registrar Brougham gave him a similar warning; and not-withstanding that, he made the usual affidavit as to the truth of the accounts—up to the discovery of the ledger at the Beehive, I had no knowledge of those debts; a list was made, but I do not remember that the accounts were in it—I had no knowledge of the debts in the new ledger.
Cross-examined. Q. Was there a private examination, when the bankrupt was examined and cross-examined? A. Yes—a person named Gibbs was examined, and Mr. Broadbent—I prepared a summons the day before the bankrupt filed his petition—I do not know whether it was served.
EDMUND PONCE HARDWICK . (re-examined). Here is an account of Mr. Charles Cook, 2l. 11s. 4d.—this account in the book found at the Beehive is precisely identical with that in the first ledger—the old ledger is dated January 11th, 1869, and the ledger found at the Beehive is 1868; but the amount is precisely the same—the entries are identical—on the other side of the old ledger, instead of showing everything due from Mr. Cook, is, "Received by cash, 2l. 11s. 4d., January 29th, 1869"—there we four erasures—these appear to be settled accounts, not as if there was anything due—Captain Montgomery's account does not appear to be in the old ledger at all—I find Duffield's account in it, it is marked, "Received by cash, 18l. 19s. 6d., June 15th"—I should say that that is in the bankrupt's writing—in the same ledger it appears as a debt, subject to a set-off—Hayward's account is, "Received by cash, 5l.; balance, 4l. 11s. 2d."—it is all written off.
Cross-examined. Q. The entry about Duffield, you do not pledge your oath to being in the defendant's writing? A. No.
Six Months' Imprisonment.
THIRD COURT.—Tuesday, May 3rd, 1870.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAM the Defence.
MARY ANN PIMM . I live at 88, Limehouse Causeway, with my husband, Frederick Pimm, who is a marine store dealer—on Thursday, 31st March, the prisoner came to the shop and sold some rope—I don't know the exact, weight—I gave him 9s. per cwt—I did not pay him more than half-a-sovereign at one time—I saw him between 8 and 9 o'clock on the Friday, and he sold me some more rope—I can't say what I paid him on those two occasions, I only know I gave him 9s. per cwt.—I afterwards gave the rope up to the police constable.
Cross-examined. Q. He took it to your house twice? A. Yes—he said it was for bread for his children.
JOHN HENSHAW . I live at Rotherhithe, and am foreman to Peter Rolt & Co., Acorn Wharf, timber merchant—I have been shown 149lbs. of rope by the police officer—the value was about 15s.—I saw it safe on the Wednesday, at 7 o'clock, and when I went on the Thursday morning I found it had been cut out of one of the boats—there was a chain lock round the rope; but the rope was cut—on the Thursday night another portion was cut out of a different boat—I should think that was worth 8s. or 9s.—I reckon the value to be, altogether, 25s.—I also missed some on the Friday night—this (produced) is the rope—it is the property of my employers.
The Prisoner's Statement before the Magistrate: "I only took it twice. The children were crying round me for bread."
The Prisoner received a good character.
GUILTY Strongly recommended to mercy by the Jury— — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. BROMBY the Defence.
WILLIAM CARTER . I live at 31, Coston Street, Westminster—on 3rd February, 1868, I was married to the prisoner at St. Luke's Church, Chelsea—I produce the certificate—I obtained it from the clergyman—I saw him copy it out of the register, and I compared it; it is correct—she told me she had been married; but that her husband was dead—I cohabited with her for two years, and then I married her—her husband came back last July, and I have not lived with her since.
Cross-examined. Q. When you married the prisoner she told you that she believed her first husband was dead? A. Yes—she did not give me her reasons—I gave her into custody—I lived with her two years—she came and annoyed me on several occasions—she had got some relations, a very bad lot, and I went about in fear of her and them—I did not know her first husband till I made his acquaintance since.
ANN MILLER . I live at 72, Manners Street, Chelsea—I was present when the prisoner was married to my brother, Richard Lockyer, at St. Paul's Church, Hammersmith, on the 9th June, 1856—I produce the certificate—my brother is alive—I don't know when he separated from his wife—he has been under Government, I believe—I don't know anything about it, I was not there at the time; and I don't know whether the prisoner did.
The Prisoner's Statement before the Magistrate: "I was told that my husband was dead."
ANN MILLER (re-examined). My brother came home in April, 1869—we had letters from him before that—we had not seen him for four years and nine months—I can't say when I saw him with his wife before he went away—I went occasionally to see them after they were married in 1856—I can't say how long they lived together.
Witnesses for the Defence.
Sessions, in March, 1865, for stabbing his wife—his conduct was very bad to her.
MARY ANN WHEELER .—I know Frederick Lockyer, the prisoner's brother-in-law—I was with the prisoner when she met him about two years ago—I knew at that time that the prisoner's husband was undergoing penal servitude—the prisoner was corresponding with Carter at that time—we met Frederick Lockyer about six weeks before the prisoner married Carter—Lockyer was dressed in black—he stopped the prisoner, and said "You have done a nice thing; my brother has died in prison!"—that was all he said—he meant that Lockyer had got five years through stabbing my sister, and he had died in prison.
Cross-examined. Q. Did she make any further inquiry as to whether he was dead or not? A. No—she did not take much notice of him—I am the prisoner's sister—I did not make any inquiry, I believed what I was told by Lockyer.
GUILTY .— Six Weeks' Imprisonment.
MR. MEAD conducted the Protection; and MR. WARNER SLEIGH the Defence.
GEORGE JAMES BAPTIST CARWELL . I live at 7, Albion Street Caledonian Road—on Monday, 11th April, between 8 and 4 o'clock in the afternoon, I was going home, and when I got to my own house three lads came up before me, looked in my face, and then the biggest of the three knocked me down on my back, and held me there while the other two picked my pocket of my watch—they then all three ran down Haward Street—I followed—a gentlemen came up and followed with me, and the prisoner was stopped—he was the biggest of the three—he is the man who knocked me down—I identified him—my watch cost me 2l. 5s.
Cross-examined. Q. Are you quite sure this is one of them? A. I am sure he is the man that knocked me down.
WALTER WHITE . I reside at 264, Pentonville Road, and am a traveller—on 11th April I was in Albion Street, with my trap—I saw the prosecutor, the prisoner, and two others, all wrestling together on the ground—they got up, and the gentleman ran after the prisoner—I asked him what he was running after him for, and he said "He has stolen my watch"—I said "I will go for you," and I chased after him as far as the Great Northern Station—I caught the prisoner and gave him into custody.
Cross-examined. Q. Did you see the first of the transaction? A. I did not—I saw the prosecutor on the ground and the others on top of him—I did not see their faces at that time—I never lost sight of the prisoner when I chased him.
Twelve Months' Imprisonment and Twenty-five Lashes.
MR. F. H. LEWIS conducted the Prosecution.
FRANCIS PHILIP PUXLET . (The witness being deaf and dumb, his evidence was interpreted.) I am a shoemaker, and live in the Mile End Road—about 10 o'clock on Sunday evening, 12th April, I was in Compton Street—the prisoner came up to me and said she wanted money—she put her hand into my pocket—I had some money in my pocket at the time—she struck me.
WILLIAM HUMM . I saw the prisoner and prosecutor struggling together—the prisoner got away from him, and then picked up mud and stones and chucked at him—I gave information to the police—I am quite certain she is the woman.
GEORGE KING . I live in Smith's Place, Commercial Road—I was with Humm on the night in question, and saw the prisoner and prosecutor struggling together—I saw the prisoner take her hand out of his pocket—I don't know whether she took anything out—she took up mud and stones, and threw at him—I hare seen her before, scores of times; I am quite certain she is the woman—I don't know how long they had been together—they were together when I first saw them.
THOMAS MARTIN (Policeman K 379). The two last witnesses made a communication to me, and the prisoner was pointed out to me, about half an hour after the transaction, by the prosecutor and Humm—she was charged with stealing a watch—I did not know what it was till she got to the station—Humm said he thought it was a watch—she said "It was not me, it was another woman he offered 3d. to."
Prisoner's Defence. I never stole anything in my life; I have been in prison ever since the 10th of April, innocent.
NOT GUILTY .
MR. CHESTER conducted the Prosecution.
HENRY WALDEN . I am manager at the North Pole public-house—on Wednesday, 9th March, the prisoner called at the house—I had seen him before—he said he had a nice diamond ring that would suit me—I said I did not want such a thing—he said "We will call to-morrow night with it"—he left, and his other two friends who came to my place with him—they brought the ring the next night, and told me they wanted 7l. for it—I told them I did not want it—they said "Come to the pawnbroker's, and you can see the value of it"—the prisoner said "It won't do for all of us to go"—we went to the pawnbroker's, and asked him 5l. on the ring—the pawnbroker said he would lend us 3l. if we brought it to-morrow—they said "Will you lend us 2l. till to-morrow"—I told them I would give them 2l., and I found I had only got 1l. 16s.; I gave them that—I went back to the public-house, and the prisoner asked if I had bought the ring—I said "I have lent 1l. 16s. on the ring"—he said "Well, where are they; are they coming back?"—I said "No, they are gone on"—he took up his hat, and ran off, and I saw no more of him till he was in custody for house-breaking, or something of that sort—the prisoner said "What are you going to give me?"—I said "Wait till the morning," and then he took his hat and ran off—I did not give him anything—it was about 7 o'clock when we went to the pawnbroker's—I examined the ring and should know it again—I gave the 1l. 16s. to the man the prisoner introduced to me—this (produced) is exactly like the ring—it was another one they showed me at first.
Prisoner. I went and asked you if you would buy a diamond ring, and I said there were some men outside I knew; you said you would buy it if it was a good one; the men came in, and they showed you the ring; they promised mo 5s. if I sold it, and you promised me 3s. Witness. I never promised you anything; you came on the Wednesday, and told me that a
pal of yours had got a diamond ring, and that you would bring it up the next night, and you came with them the next night.
JOHN GARRATT . I live at 9 and 10, Waterloo Terrace, Commercial Road, and am a pawnbroker—on 9th March, the prosecutor and two men came to my place with a ring—this is not the ring that I saw—it was one very much like it—the value of this ring is about 18d.—I offered them 3l. for the other ring—they asked me to lend them 5l. on it—this ring would pass for the good one to anyone who was not experienced or accustomed to diamonds.
Prisoner. Q. Was I there when you had the ring? A. No; I never saw you before.
THOMAS NORMAN (Policeman R). I took the prisoner into custody for conspiring with others to defraud the prosecutor of 1l. 16s.—he said "I don't know anything about it, though I was at the North Pole."
Prisoner. I am not guilty of conspiring with these persons—I did not know them—the prosecutor knows I did not know them, and that I kept a shop—I have been in the habit of using the house.
Prisoner's Defence. I am innocent of this; they were no companions of mine; I did not get a farthing out of it; if I was with persons who had got diamond rings, I should be differently placed, I should have someone to plead for me.
NOT GUILTY .
OLD COURT.—Wednesday, May 4th, 1870.
Before Mr. Justice Byles.
MESSRS. METCALFE and COLLINS conducted the Prosecution; MESSRS. RIBTON and ST. AUBYN the Defence.
ANN RUTTER . I live at 36, Canal Road, Shoreditch, and am sister to the prisoner, and widow of the deceased James Rutter—on Saturday evening, 12th March—the prisoner came to my mother's house, 36, Canal Road, about 9 o'clock—my mother and I were in the room when he came in; he had been drinking; he was talking to mother about money affairs, and was about to pay her some money—I interfered, and he said something to me about paying my way, and got into a temper, and so did I—some angry words passed between us, and I struck him, and said if he did not be quiet I would fetch my husband—I went out to look for him, but he was upstairs the whole of the time; when I came back he was standing at the door—I did not say anything to him about the quarrel—he saw that I had been crying—he went to a lead, at the Ship, in Bacon Street—the prisoner left the house—I went out some few minutes afterwards, and at the top of Bacon Street, I saw my husband and the prisoner—I heard my husband say some words when they met on the steps of the public-house, I can't say what the words were, and I saw him strike the prisoner, and he followed him across the road, and there he knocked him down on his knees—my husband was rather a bigger man than the prisoner—I ran towards them—while the prisoner was on his knees he said "Jim, if I have done anything wrong, listen to what I have to say?"—upon that my husband made use of bad language, and said he would listen to nothing, and hit him again
when he was on his knees, with his fist—the prisoner got up, and went across the road, to get out of his way, and my husband followed him, and hit him again; that was the third time—and on that I saw the prisoner strike my husband—he said he was stabbed, and went into the public-house—I don't know what became of the prisoner—I afterwards went into the public-house and saw my husband; he said he had been stabbed, and put his hand up to his chest—I did not see any blood—he was laid down, and afterwards taken off to the doctor's—shortly afterwards I saw him dead.
Cross-examined. Q. Tour husband struck the prisoner three times altogether? A. Yes—I saw him strike him three times—I can't say where he struck him, I believe once was in the face, his fist was clenched—I never saw him hit my brother before.
SARAH RUTTER . I am the mother of last witness, and live at 36, Canal Road—on 12th March, about 9 o'clock, the prisoner came into my house—a quarrel took place between my daughter and him—he went out—I afterwards went out with my daughter—I saw a row at the top of Club Row—I did not see the prisoner there—I have a cupboard in my room where I had three white handled dinner knives—I did not see the prisoner go to the cupboard that evening.
FRANCIS BROCKHILL . I am a wood-chopper, and live at 3, York Road—about 4 o'clock in the afternoon of 12th March, I was with the prisoner—I came out of the yard with him—I work with him in Wharf Road—I went with him to his mother's house a little after 9 o'clock—I was with him from 4 till 9 o'clock—we had been drinking—there was a quarrel between him and his sister—I saw the prisoner go to the cupboard—I can't tell what he did there—after that we went out together to go to a public-house—we instended to go to the lead—on our way we saw Joseph Rutter and his brother, and to avoid them we went into a shop—when we came out we saw them again in a fish shop, we went past them and missed them as they were going down Hoxton—we afterwards saw them in front of the bar of the Ship public-house, in Bacon Street—as soon as we got to the public-house, we stopped sudden, outside, we did not like to go in—Rutter came out and struck the prisoner a violent blow, he staggered across the road and Rutter struck him again, followed him up, he fell down, the second blow sent him down—when he was on the ground he said "Hold hard, Jim, let me have one word, hear reason"—Rutter replied "Get up and fight!"—the prisoner replied "No, Jim, you are too good a man for me"—he then got up and ran across the road—Rutter ran after him and hit him another blow, and knocked his head up against the wall—on that I saw the prisoner retaliate the blow, I mean, he struck him, I can't tell with what, I did not see anything—Rutter put his hand to his chest and said "I've been stabbed," and he staggered into the public-house—he remained there a short time and came out again and fell—the prisoner was standing in the middle of the road—he came up to me and got his cap and said "I must go, I think I have killed my brother-in-law," and he went away, walking rather sharp—before we met Rutter, the prisoner said "I wish I had a white-handled knife that is at home, I would stab him; I have frightened him before with a poker."
Cross-examined. Q. Rutter was a much stronger man than the prisoner, was he not? A. Yes; and taller—when we first saw Rutter, the prisoner suggested we should get out of his way—the third blow Rutter struck knocked the prisoner's head against the wall, he could not get any further back—he struck him in the face with his clenched fist—it was immediately after that, that the prisoner struck him.
ABEL RUTTER . I live at 8, Royal Oak Wharf, and am a painter—I was with my brother, the deceased, on this Saturday night—we went into the Ship public-house, and had some beer, and as we came out I stopped behind to light my pipe—when I came out the first thing I saw was the deceased on the kerb, opposite the door, being picked up by two men—that could not have been more than a minute after he had left me—I saw someone running away, but who it was I don't know—my brother was taken to the house, and I saw him bleeding from a wound in the chest, and in my opinion he died when he was in the public-house.
WILLIAM GAYTON . I am a surgeon, of 85, Brick Lane—James Rutter was brought to my surgery between 10.30 and 11 on Saturday, 12th March—he was quite dead—I examined his body, and saw a wound on the left side of the chest; a very small quantity of blood had escaped outwardly, just sufficient to stain the shirt—I found a out through the coat, waistcoat, and shirt—on the Monday following I made a post-mortem examination—I found a wound on the left side of the chest, three-fourths of an inch in length, midway between the nipple and the collar bone—it had passed between the second and third ribs, and finally entered the kit ventricle of the heart—that wound was the cause of death—a knife or any sharppointed instrument would have caused such a wound.
Cross-examined. Q. I believe you met the prisoner on this evening, near 11 o'clock? A. Yes, he was walking with his head down, and crying vary bitterly—I asked him what was the matter—he said "I think I have killed my brother-in-law"—I said "You don't mean to say so"—he said "I think I shall give myself up"—I said "No, don't give yourself up, perhaps you have not killed him"—he said "I think I have, I will make away with myself; but Twiggy knows all about it from the first beginning to the end of it"—that is a nickname of Brockhill's.
EDWARD GAGE (Policeman R 25). On 7th April I went to 23, Queen Street, Rotherhithe, and found the prisoner lying on a bed on the floor—I had previously spoken to Russell, the man who opened the door, and asked who he had got in the house, and the prisoner could hear what was said—Russell said "I have only my wife and a lodger"—I said "What is the lodger's name?"—he said "Phillips"—I told him to open the shutters, and let me have a light, and I then saw the prisoner—I said to him "This man (Russell) says your name is Phillips, is that so?"—he made no answer—I told him he was charged with killing and slaying his brother-in-law, and that his name was Henry Parker—he said "All right, I know all about it."
The prisoner's statement before the Magistrate being read, stated that on being struck by the deceased four times, he put his hand in his pocket, pulled out a knife, opened it, and struck him with it.
GUILTY of Manslaughter.Strongly recommended to mercy by the Jury on account of the provocation he received— Six Months' Imprisonment.
MR. COOPER conducted the Prosecution; and MR. H. S. GIFFARD, Q.C., with MR. WILLIS, the Defence.
GUILTY of an indecent assault— Twelve Months' Imprisonment.
THIRD COURT.—Wednesday, May 4th, 1870.
Before Mr. Common, Serjeant.
MR. BRINDLEY conducted the Prosecution.
JOHN JOY . I am a potman, at the Crown Hotel, Cranbourne Passage—on the 8rh April, about 5.30 in the afternoon, I answered the bell of the coffee-room, and found the prisoner there—he called for a pot of cooper, and I went to the bar and got it for him—he refused to pay me, paying that he would have it on trust—I told him that I could not give him trust—he said it was all right—he then said he would have a drink, and as he was going to take the pot of cooper for the purpose, I took it away, and was proceeding towards the bar, when he followed me, as I thought, with the intention of going out—when I had put the pot of cooper on the counter he struck me on the top of the head with some sharp instrument, and rushed into the private parlors—I followed him, and pulled off my watch and chain, with the intention of getting him out, when he struck me again on the forehead—blood flowed from the wounds, and I was taken to a chemist's, and then to the station-house, where I became insensible, and next I was taken to the hospital—I remember nothing more—I did not strike the prisoner at all—we had no ill-words, and there was no ill-feeling whatever between us.
Prisoner. Q. Did I not treat you to a glass of gin? A. Never since you have known me.
BARTHOLOMEW TENUCHI . I live at 33, Argyle Square—on the afternoon of 8th April, I was at the Crown Hotel, Cranbourne Passage, and saw the prisoner there—I heard him ask the potman for a pot of ale on trust—the potman said he could not trust him, as he had paid the landlord for it previously to bringing it in—the prisoner then said "It is all right, I have had it from the landlord"—the potman would not let him have it, and said he should take it back again—the prisoner then went to drink out of the pot, and the potman took it away—the prisoner followed him, and then they returned, and the potman took off his watch and chain with the intention of removing him—then the prisoner took out a knife from his coat-pocket—I saw it open—he made three or four digs at the prosecutor, and struck him on the head—he was smothered in blood when we were carrying him across the road to the doctor's—the landlord came to his assistance—we afterwards took the potman to the hospital, and the prisoner was given in custody—it was A brown-handled knife, as far as I could see, and it opened with a click—I did not see what became of the knife afterwards—the prisoner had two friends with him, and I did not tee the knife after they left.
Prisoner. Q. Did you ever see me in the parlour when I have asked for a quart of porter, on trust? A. I have never heard you—I never was in the house but twice in my life before.
JAMES JOHNSON . I live at 11, Hanover Street, Long Acre—I was in front of the bar at the Crown Hotel on the night in question, and saw the prisoner there—he asked for a pot of cooper—the potman gave the order, and paid for it, and when it was delivered the prisoner said "It is all right, the muster will trust me"—the potman said he must have the money, and not being satisfied he said he should go for a policeman—the prisoner then took the potman by the hair of the head and said "You—!" and gave
him a dig with a spring knife, such as is used by foreigners, a brown-handled knife, with a long blade—I went to his assistance—one of the prisoner's friends, a foreigner, I think, took it away, and it has not been found since—I helped to take the potman, first to the chemist's and then to the hospital—he was covered with blood and delirious.
JOSEPH ELDRED . I am the landlord of the Crown Hotel, Cranbourne Passage—the prosecutor, Joy, is my potman—the prisoner came to my house on 8th April—I saw the potman bring the beer back, and the prisoner follow, and strike him with something on the head—he was given into custody.
Prisoner. Q. Did I not ask to be trusted with a pot of cooper? A. Yes.
EDWARD BRANALL (Policeman C 48). After 5.30, on 8th April, I was called to the Crown Hotel—I went into the back parlour and told the prisoner he was charged with stabbing the potman in two places on the head—he said "No, me not done that, me a gentleman"—I said "Have you got a knife about you?" and he said "No"—there was nothing but a razor in his pocket—there was blood on his right hand, which I asked him to account for—he said "I can't account for it, the best thing I can do is to give myself up, and go to the station; it is not so much as Trauprnan has done"—at the station he tried to lick off the blood from his hand.
ROBERT C. ATHILL . I am house surgeon at the Charing Cross Hospital—the prosecutor was admitted in in an insensible state on 8th April—he had lost a great quantity of blood—there were two incised wounds on his head, one on his forehead and another on the top of his head—he remained in an insensible condition upwards of two hours—they were wounds such aa would be caused by some sharp instrument—I do not think he is in danger—if the wounds had been a little lower they might have divided an artery—he is out of danger now.
Prisoner's Defence. I had frequented the house for four weeks, and asked the potman to trust me; but he would not, but took off his watch and chain, and wanted to fight me. I am paralyzed, and cannot use my right hand. He has had a spite against me since he heard me speak to Mrs. Cook. His master had told him to trust me. He came to fight me; I had a closed razor in my hand, and gave him a bit of a scratch, with the little point sticking out.
JURY to ROBERT C. ATHILL. Q. Do you think that the wounds on the prosecutor's head were such us might have been caused by the edge of the razor without the razor being opened? A. It is quite possible they might.
GUILTY of unlawfully wounding— Six Months' Imprisonment.
FOURTH COURT.—Wednesday, May 4th, 1870.
Before Robert Malcolm Kerr, Esq.
MR. F. H. LEWIS, for the Protection, offered no evidence.
NOT GUILTY .
MR. COLE conducted if a Prosecution.
Street, Bermondsey—about eight or nine weeks ago, I missed a pair of sculls from my boat at Irongate Stain—on Friday, 8th April, I saw the prisoner with those sculls—I went to the stairs and stood there, waited for a Thames Police Inspector, and he told me I had better summons the man—I was going up to take the summons out and I altered my mind, and on Tuesday I went and asked if he would give them to me up, and he said he would wring my nose—I gave him in charge—these are the sculls—I am certain they are mine—I had my name along here in full, about an inch and a quarter wide, and twelve inches in length—that has been planed off—I don't see any marks of the letters—there is also a piece out of the blade, which I broke out when I first had them, and also there was a dark green paint that had not been on another pair of sculls, and they were new when I took them out of my yard—I had them last November—they have been black varnished over the green paint—the maker of the sculls is here—the bolt which I brought from the boat would not go through this hole.
JURY. Q. In what way was the name put on? A. Cut in—this my bolt—it never would go through the holes in the sculls—I was going to make the holes bigger—when the sculls were made the holes were not made large enough.
Prisoner. Q. Did not you, previous to coming to me on Friday night, want to charge a man named Johnson? A. No; I took a Thames Police Inspector to see whether I was right or wrong, and I found I was wrong and made an apology—I did not come to you and say I would have the sculls, right or wrong—I told you they belonged to me and you said you had bought them—my boat if painted green—there are plenty of boats painted green, but not that colour—these sculls have been blackened over.
ISAAC CORDEROT . I am a lighterman and waterman, and live at 12, Hickman's Folley—I know these sculls an belonging to the prosecutor—I had them for three weeks for the first part of the time when they came from the maker—I also identify them by this common green paint, it is a paint not like any other—it is what I would not put on a pair of sculls—when I saw the sculls the prosecutor's name was on them, cut in with a chisel about an eighth of an inch deep I should think—I used the skiff that the prosecutor had, and the bolt would not go through the sculls so as you could lock them.
Prisoner. Q. Have not you seen sculls painted that sort of green before? A. No—not such a common paltry green.
PHILIP SIDNEY . I am an oar and scull maker, at 96, East Lane, Bermondsey—this pair of sculls was made in my shop for Mr. Thatcher—I identify them at first sight as my make—I make hundreds like them—I gave them a coat of paint which I don't do generally—it was a common green paint, and there was no lead colour under the green—it is covered with black now, but if you scrape the black you see the green under it—sculls and boats are generally painted with a nice green, worth 30s. a pound, and this is not worth 3d.—the name of Thatcher was on the sculls, in full—that has been cut off—it is much thinner there than it was when it was new. Prisoner. When you make a pair of sculls don't you use the same tool to bore the holes with? A. Yea—I don't take a receipt from persons who buy sculls for ready money—we generally have ready money from watermen—I never painted any other sculls with that green—I have only got two men, and I know what they do—I could not say that they were Thatcher's sculls if I had not seen the green underneath—miny persons have my
make—there is no private mark by which I know them, it is entirely owing to the green paint.
THOMAS FOX (Policeman H R 8). I took the prisoner on 12th April—I told him he was charged with haying a pair of sculls in his possession, the property of Thatcher—he said he had had the sculls nine months, he bought them for 7s. 6d., of a man at Greenwich or Qravesend.
Prisoner. Q. Was I charged with unlawful possession? A. Yes.
Prisoner's Defence. It is a very common thing for one waterman to buy a pair of sculls from another. I bought these of a man at the Tower Stairs, and have been using them ever since. The man come to me and said he had lost a pair of sculls, and he would have a pair, right or wrong, and he made a boast that he could get half a dozen people to say they were his. I told him they did not belong to him, and never did, and I told the policeman just the same. The maker only goes by the green paint, and nineteen boats out of twenty are painted green; it is a common colour. My boat is exactly the same colour as that green. There was no name on them when I had them. I painted these sculls with varnish to keep the water out, and they don't get so heavy. I did not conceal them at all, they were in my boat. I bad plenty of opportunity to make away with them, if they had been stolen—I worked with them all the time.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
TAYLOR PLEADED GUILTY — Twelve Months' Imprisonment.
JAMBS MOUNTJOY (City Policeman 708). About 4.30, on the afternoon of 12th April, I was on Tower Hill—there was a crowd round the entrance of the Tower Subway—I saw the prisoners pushing about, and saw Taylor try several gentlemen's coat pockets—Hall kept close to him all the time, and there was a third one with them—I watched them for about three quarters of an hour—at last I saw Taylor take this book and the contents out of the prosecutor's pocket—Hall and the other man were close behind—I put my hands on Taylor and Hall, and asked Taylor what he had taken, and he dropped the book at my feet—I saw it in his hand—Westwood picked it up, and they were taken to the station.
GEORGE WESTWOOD (City Policeman 707). I was with Mountjoy—I saw the prisoners together some considerable time before they were taken—they were walking about together—I picked the pocket-book up after Taylor dropped it—Hall was close to him at that time—I gave it to the last witness.
COURT. Q. You saw them conversing together? A. Yes—I did not state that before the Magistrate.
Taylor. He was not with me, I was by myself.
THE COURT considered that it would not be safe to convict Hall upon this evidence, and the Jury found a verdict of
NOT GUILTY .
MR. WOOD conducted the Prosecution; and MR. F. H. LEWIS the Defence.
was in a public-house at the corner of Arches Street, with my husband and sister-in-law—I saw the prisoners there—we had not spoken to them—they were strangers—a fight commenced between Gilbert and some other man, and we tried to leave the house—Gilbert and others knocked us down with blows and kicks—they were all fighting—I was knocked down and kicked by the prisoners and others—they used very bad language—when I recovered I missed my sister—I then saw her a little way off, bleeding from the nose—the men were kicking her—I went over to save her, and I was kicked, myself, in the back—I have the marks now—I felt the pin of my shawl go—I looked round, and saw Kennedy take the shawl and pass it to Gilbert—I have not seen it since—I screamed "Murder!" and a constable came to my assistance—my sister was almost insensible with loss of blood—my husband came up, and was knocked down by Gilbert—this was on Easter Monday, about 11 o'clock At night.
COURT. Q. Were you sober? A. Yes—I was able to mind myself—it was a friendly meeting, for a person named Eliza Sweet; she had been ill a long time, and it was for her benefit.
MR. LEWIS. Q. I suppose there was plenty of drinking at the place? A. I saw none—each member paid sixpence for the benefit of this person—I never saw Sweet in my life—there was singing and dancing, and cards—I stood up to dance when the row commenced—I was perfectly sober.
COURT TO JAMES NEWBY (Policeman G 160) Q. Was this a friendly lead? A. A friendly meeting—I don't know who Eliza Sweet is—I know that friendly leads are put down by the police now, but they said this was a friendly meeting—I did not see the prisoners dancing.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. COLE the Defence.
JOHN CLARK . I am assistant to Carpenter and Son, pawnbrokers, Hackney Road, I produce a cloak, pawned on 1st September, for 7s., by a woman, in the name of A. Pearce; and also another cloak, on 18th September, for 8s.; these duplicates correspond with mine.
Cross-examined. Q. What time was it? A. I can't say—we have a great many customers during the day, but I could swear to this woman out of a thousand.
cloaks are valued at 5l., and the jacket 2l. 5s.—I believe the prisoner was in my service as mantle maker, but I never saw her—I never authorised anyone to remove these from my place.
Cross-examined. Q. How many persons do you employ at your ware-house? A. About 150; they do not all make cloaks—I sometimes purchase cloaks in the market.
LOUISA M'GIBBONS . I am cutter and forewoman to Mr. Humphries—the prisoner was in his employment for a month or six weeks, in August and September last year—she worked on the premises and earned about 12s. a week—I identify three of these cloaks—they were kept in the factory, where she had access—I gave her no authority to take them off the premises.
Cross-examined. Q. Was she engaged in making this tort of thing while she was with you? A. Yes; we did not give work out at that time—I know that is done sometimes.
MR. LEWIS. Q. Not at your place, nor at the time the prisoner was there? A. No.
MARY ANN WEAVER . The prisoner lodged with me—on 12th April, she asked me for a small parcel which was on a shelf on the top of the stairs, and she would call on Good Friday lor it—she had left the house throe days before that—she did not call on Good Friday—a constable called the Wednesday before Good Friday, and I gave the parcel to him—it contained some duplicates.
WILLIAM BUNDY (Detective L.) I received these duplicates from the last witness—I took the prisoner on the 22nd, on Westminster Bridge—I said I should take her for stealing three mantles from Messrs. Humphries, in Greed Lane—she said "Oh my God!"—she gave an address, 14, Maxwell Terrace—I went there and found nine duplicates—one relates to the jacket which has been altered—she also gave me eight tickets at the Police Station—four of the eight duplicates I received from Miss Weaver relate to this property.
Cross-examined. Q. She gave you a correct address? A. Yes.
GUILTY . She was further charged with having been before convicted in July, 1869, to which she PLEADED GUILTY**— Seven Years' Penal Servitude.
MR. BRINDLEY conducted the Prosecution.
HENRY FREDERICK SANDERS . I am a tailor, of 7, High Street, Stoke Newington—on the night of 4th April I was the last person up in the house—I saw it all safe and secured before I went to bed—about 6 o'clock next morning I was called up, went down, and found nearly everything packed up, ready for removal in a sack, to the value of about 40l.—I found a chisel amongst the things—that was not my property—I found the kitchen window open; it was secure the evening before.
AMOS ASHDOWN . I am apprentice to the last witness, and sleep in the house—I saw the kitchen window fastened on the night of the 4th—on the morning of the 5th, about 5 o'clock, I heard a noise—I took up the poker, went to the top of the stairs, and met the prisoner on the stairs—he put his hand on my shoulder, and said "I am a detective, I am after the thief—he had no shoes on—I went to the staircase, and he picked something up from behind the door—I ran up stairs and called my master, and someone
ran down stairs, with boots on, with the prisoner—ray master came down, and went into the shop—the hasp was broken off the window—there were footmarks in the garden—I gave information to the police, and afterwards saw the prisoner at the station—I picked him out from nine or ten other men.
FRANK BRIERS (Detective Officer N.) I had a description given to me, and I took the prisoner, on 5th April, in High Street, Stoke Newington—I told him I should take him for being concerned in breaking into a house in High Street—he said "Do you mean Sanders?"—I said "Yes"—I saw the prisoner's boots compared with the footmarks in the garden, and they corresponded exactly.
JAMES GALE (Detective Officer N.) I took the prisoner's boots, and compared them with the impressions in the garden of Mr. Sanders; they corresponded—I also compared this chisel with the marks on the window, and they corresponded.
GUILTY . He was further charged with having been before convicted in March, 1858, to which he
PLEADED GUILTY.**— Ten Years' Penal Servitude.
MR. BOTTOMLIT conducted the Prosecution; and MR. STRAIGHT the Defence.
ANDREW HOPKINS . I live at 65, Castle Street East—on the night of 15th April, about 11.20, I was in the act of opening my door, when the prisoner, followed by another man, came up to me and gave me a terrific blow under the jaw, which knocked me down into the doorway—they hustled me up, and stole the key from my watch-chain; I saved my watch and chain—I called "Police!" and they ran away—I followed the prisoner, crying "Stop thief!"—he eventually ran into the constable's arms, in Nassau Street—I have not the slightest doubt about his being the man—I found his hat on my return to the house—he was without a hat when he was brought back—the key was worth 3s.
Cross-examined. Q. You had been out for the evening, had you not? A. I had—I had had three or four glasses of stout-and-mild, perhaps—I have a latch-key—I had no difficulty in finding the keyhole, only the prisoner came in contact with me—I am a lithographic printer—this was Good Friday, and I had been having a day's holiday.
EDWARD HOLDER (Policeman E 61). On Good Friday evening last, just before 11.30, I was in Union Street—I heard some person shouting "Stop theif!" and saw the prisoner running up Nassau Street—he had no hat on—I stopped him—lie said "All right, I have only given a fellow a punch on the head who hit me"—Hopkins came up without his hat also, and said the prisoner had struck him, and attempted to rob him of his watch—the key was broken off the end of his chain—I took the prisoner to the station, and went back with the prosecutor to 65, Castle Street—I found the prisoner's hat and the key of the street door about 3ft. from the door.
Cross-examined. Q. Was the prosecutor sober? A. He had been drinking, but was not drunk.
GUILTY . He was further charged with having been before convicted, in November, 1868, to which he
PLEADED GDILTY.**— Seven Years' Penal Servitude, and Twenty-five Lashes with the Cat.
MR. BOTTOMLEY conducted the Prosecution; MR. HARRIS defended Mitchell, and MR. BROMBT defended Wilkinson.
JANE MUSTOPH . I am the wife of George Leopold Mustoph, and live at 186, High Street, Shad well—on the afternoon of 13th April, I got into an omnibus at the corner of the Mansion House and Queen Victoria Street—I was going to Regent Street—the prisoners were in the omnibus—Mitchell sat next to me—Wilkinson sat on the opposite side—when we got to Old 'Change Mitchell said she wanted to get out—the omnibus stopped at the corner of Newgate Street, and they both got out—I put my hand into my pocket and missed my purse—I had put it into my pocket when I got into the omnibus—this is it—there was 1l. 5s. 6 1/2 d. and two gold studs in it—my pocket was cut in several places.
Cross-examined by MR. HARRIS. Q. Several places? A. I think three places—it was cut through the lining—my friend paid the conductor when we got out—I was carrying my purse in my hand, and I put it in my pocket when I got into the omnibus.
Cross-examined by MR. BROMBT. Q. Wilkinson was sitting on the other side of the omnibus? A. Yes—I did not see them speak to one another—they got out together—two gentlemen got out when I said I had been robbed—I don't think anyone else got out but the two prisoners, the two gentlemen, myself and friend.
FREDERICK EASTAUGH (City Policeman 280). On the afternoon of 13th April I saw the two prisoners leave an omnibus at the corner of Newgate Street—they passed me, and went towards St. Paul's Churchyard—they were walking and conversing together—I heard the prosecutrix call out that she had lost her purse—I followed the prisoners into Foster Lane, and then stopped them, and Mitchell threw this purse away—I picked it up—the money was in it.
Cross-examined. Q. Did Wilkinson give you a correct address? A. Not at first—afterwards she did.
WILLIAM YOUNG . I live at Dartmouth Street, Notting Hill—I recollect Mitchell travelling in my omnibus—I don't recollect Wilkinson—six persons left the omnibus at the corner of Newgate Street—I can only remember this one—the friend of the lady who lost the purse paid for her—that was the only double fare I received—Mitchell paid for herself—the prosecutrix and her friend, two gentlemen, the prisoner Mitchell, and another woman, got out of the omnibus.
They were further charged with having been before convicted, Mitchell in December, 1862, and Wilkinson in September, 1867, to which they
PLEADED GUILTY.**— Seven Years' Penal Servitude each.
MR. COOPER conducted the Prosecution.
THOMAS PEACOCK (Policeman E 214). On the morning of 1st April I was in High Street, St. Giles'—I heard a fall of shutters, and saw the prisoner run across the road into Denmark Place—I ran after him—he stopped then and began to walk—I came up to him, and he threw the boots at my bend and said "Take that you b——!"—there was some glass in the boots—I
took him, and called to Mr. Whiting to pick the boots up—I took the prisoner to the station—nothing was found on him.
Prisoner. Q. Where were you when you heard the row? A. Opposite St. Giles' Church—I saw you run across the road—I can swear it was you—there was no one else about.
GEORGE WHITING . I am a law writer, and live at 180, Holborn—about 1 o'clock on the night of 1st April I was passing along High Street, St. Giles'—I heard a smash of glass, and saw someone at Mr. Odger's window—he lifted something out, and darted across the road—a policeman came up and spoke to me, and we ran down Denmark Place—the prisoner was there, and he threw the boots at the policeman's head—the policeman made a dash at him, and he ran into my arms.
Prisoner. Q. Did you hear me say to the policeman "Take charge of these boots? A. No—I was close to you—there was no one else about except you, the policeman, and myself.
PETER HARNETT (Police Inspector E.) On the evening of 1st April the prisoner was brought to the George Street police station—the boots were Drought there also—from what I was told I went to Mr. Odger's shop—one of the shutters and the shutter-bar was on the ground—I called Mr. Odger up—I saw some blood on the prisoner's hand at the station—the charge was read over to him, and he said he did not do it, but if he was let go he would find out who did.
JOHN ODGER . I am son of Mr. George Odger—I am a shoemaker, and live at 18, High Street, Bloomsbury—that is my shop—these boots are mine—I saw them safe at 9.40 the night before the robbery—they are worth 2l. 15s.—I live in the house—about 1.30 on the morning of 1st April I found the place had been broken open.
Prisoner Defence. I was standing in Denmark Place, and saw a man run along in a white smock. He put down those boots; I picked them up, and ran after him. I saw a policeman, and said, "Take charge of these boots." He misunderstood me. I ran along, the policeman followed me, and I fell, and that accounts for the cut on my hand.
He was further charged with having been before convicted, in July, 1869, to which he
PLEADED GUILTY**— Seven Year's Penal Servitude.
THIRD COURT—Thursday, May 5th, 1870.
Before Mr. Recorder.
412. DEMETRIO PAPPA (34), was indicted for feloniously embezzling and stealing an order for the payment of 800l., which he had received on account of the Oriental Commercial Bank, Limited, of which he was manager.
GIFFARD, Q.C., and MR. POLAND the Defence.
RICHARD SPIER . I am a clerk in the office of the registrar of Joint Stock Companies—I produce the original memorandum of association and the original articles of association of the Oriental Commercial Bank Limited—they were registered on 30th December, 1864—among the names of the subscribers I find the name of Demetrio Pappa—by the 129th article he was appointed the manager of that company, and by the 133rd article, his salary was fixed at 1200l. a year, besides 300l. for expenses, and a commission of five per cent, upon the profits—the 30th article is "The shares of
the company shall be transferred by deed in a form that may be approved by the directors, to be executed as well by the transferee as the transferor"—The 3rd article (referred to by MR. SMUKAICT BALLANTINE) showed that the company was formed by an amalgamation of the Oriental Commercial Company, the National Financial Company, and the Financial Corporation.
WILLIAM FRASER . I am of no occupation—in the year 1865 I was residing at Weston-Super-Mare—this letter is my writing—(Read: "Dunrowan, Weston-Super-Mare, May 22nd, 1865. Dear Sir, Captain Langford informs me that he has arranged with you to invest for me 800l. in the Oriental Commercial Bank; I beg therefore to enclose a cheque for that amount I am, dear sir, &c., W. Fraser")—I enclosed that in an envelope addressed to "D. Pappa, Esq., Manager of the Oriental Commercial Bank, Threadneedle Street"—I received a reply, dated 23rd May, which I destroyed—(a copy of this letter not read from the press letter book of the bank: "Oriental Commercial Bank, 31, Threadneedle Street, London, 23rd May, 1865. Dear Sir, We have to acknowledge receipt of your esteemed favour of yesterday's date, enclosing cheque for 8001.; our mutual friend, Captain Langford, has already introduced the matter to us, and we shall have great pleasure in investing the money for you in shares of this bank, as wished; in due course we shall have the pleasure of forwarding you further particulars, meanwile I remain, dear sir, Demetrio Pappa, manager")—That was the letter, word for word—there was on the letter a receipt, "800l. O. C. B., 23rd—5—65, P. H."—I had enclosed a cheque for 800l. and that cheque was met at my banker's—I heard nothing more of the matter until my attention was attracted by something I saw in the newspapers in March, 1866—I then wrote this letter (Read: "March 14th, 1866. Dear Sir, Having seen in the papers an account of the Oriental Commercial Bank proceedings, I shall be glad to hear relative to the 800l. which I sent at the end of May last. I am, dear sir, &c., W. Fraser")—I received a reply, dated 17th, which I destroyed—(The letter was read frems the press letter book: "17th March, 1866. Dear Sir, We have to hand your esteemed favour of the 14th inst, and we are extremely sorry that your certificate and warrant have been overlooked in the great press of business at our transfer department: we will at once remedy this, and shall transmit you both your certificate and dividend warrant on Monday. I am, dear sir, &c., Demetrio Pappa, general manager")—I afterwards received this letter—(Read: "20th March. Dear Sir, Referring to my communication to you of the 7th inst., I have now much pleasure in handing you certificates for 160 shares in the bank, 5l. paid, and a cheque for 471l. 11s. 3d. being interest on same at the rate of ten per cent per annum, from 28th May to 31st December, 1865. I regret exceedingly that this matter has been overlooked so long. I am, dear sir, &c., Demetrio Pappa, general manager")—in that letter I received both the certificates for the shares and a cheque for 47l. 11s. 3d., which I cashed—these are the certificates—(These were certificates of shares numbered from 18859 to 19018, dated 20th March, signed by two directors, witnessed by the prisoner)—I received no transfer deed, nothing but that.
Cross-examined by MR. SIBJERANT BALLANTINI. Q. When did it first occur to you to purchase any of these shares; it was through a friend of yours, Captain Langford, I believe? A. Yet—my first conversation with him was some time previously, when I was living in London—I left London
in April, I think, and it was during the time I was in London that I had the conversation with Captain Langford.
MR. H. JAMES. Q. You had no personal knowledge of Mr. Fappa, yourself? A. None whatever.
ARTHUR COOPER . I am an accountant, carrying on business in George Street, Mansion House, and am the liquidator for this bank, appointed by the Court of Chancery—the bank is being wound up under the supervision of the Court of Chancery—at the time I was appointed liquidator all the papers and documents of the bank were handed to me—I received them from Mr. Pappa—I was taken on to the bank, and introduced to Mr. Pappa, and the books eventually came over to my office—I have not got the certificate of incorporation here, it is at my office—I can produce it—I have the books here—the company commenced business on 1st April, 1865, and suspended on 15th May, 1866—it was a bank formed by the amalgamation of the Oriental Commercial Company, the National Financial Company, and the Financial Corporation—I have here the register of shareholders; it shows that 20,000 shares were allotted to the old shareholders in the Oriental Commercial Company, in numbers from one to 20,000—they all appear to be allotted, by this book—"allotment" is written against each name—this book is in Mr. Hunter's writing—I believe he is here—I have never referred to this book or gone through it with Mr. Pappa, or in his presence—(MR. H. JAMES declining to call Mr. Hunter, MR. SERJEANT BALLANTINE objected to any entries from this book being ready unless proof was given of the prisoner's knowledge and adoption of them. MR. JAMES submitted that as against the manager all books coming within his supervision would be admissible. MR. GIFFARD referred to "Reg. v. Wilkinson," Sessions Paper, Vol. 65, p. 224, where a similar objection had been raised and prevailed. MR. JAMES tendered the book to prove a fact, and not to show a particular entry. THE RECORDER, having consulted MR. JUSTICE BTLES and MR. BARON PIOOTT, decided to receive the evidence, at the same time he should caution the Jury that they were not necessarily to conclude that every entry in the book was correct.)—I received this book (produced) from the prisoner in the same way that I received the other—this is called the scrip certificate book—I have the book which shows Mr. Fraaer's account in the ledger—I now produce the certificate of incorporation, also the 47l. cheque—I received this book from the prisoner in the same way as the other!—it is one of the books of the bank.
MR. FRARER (re-examined.) This is the cheque that was sent to me in March.
ARTHUR COOPER (continued.) This cheque was joined to the counterfoil at the time it was received—Agra & Masterman were one of the company's bankers—I have searched through the books of the bank to see if any credit has been given for the 800l. to Mr. Froser—I cannot find any—the dates of the register of transfers appear in the transfer-book—this is in the handwriting of several clerks—there is none of the prisoner's—it is a book that was handed to me in the same way—it is the register of transfers.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I see, under the column "By allotment or transfer," that in almost every case, as far as I can see in every case, the word "allotment" is put into the column? A. Yes—they were almost all exchanges for the shares of the old company—the statement made by Mr. Pappa was on 14th or 21st January, 1867—he was given into custody in January in the present year, on a warrant, I
being the prosecutor—I had nothing to do with ordering that—no fact, that I recollect, has come to my knowledge since January, 1867, in connection with this particular case—as far as Fraser's case is concerned, I knew all in 1867 that I know now—I knew all about it on 3rd December, excepting the evidence that might have come out at the Mansion House—at the time I gave him into custody I think I knew no more in relation to this case than I knew in January, 1867—I hare been very often in communication with Mr. Pappa since that time—I can't recollect down to what time—I have not been very much in communication with him lately; I dare say I was up to very recently, before he was given into custody—he and I had got on very pleasantly together; I don't know that we were very friendly; it was general sunshine, but occasional clouds—he objected to give information, that was the only thing, unless I withdrew these proceedings, unless I withdrew all imputations upon him and said that I was satisfied—there was not very much unpleasantness between us, there was correspondence; I don't think I saw him more than once—he was examined on oath in the Court of Chancery—that was not on the occasion when he made the statement that has been referred to; that statement was made at my office, he came on there with his solicitor—it was subsequently to that he was examined on oath in the Court of Chancery, but I don't think he was asked a question about this case—the statement he made to me was voluntary; in that statement he mentioned the name of Mr. Swan, a director, and he produced a letter from him, in one of his explanations; he also referred to the registrars—I have had no communication with Mr. Swan on this subject; I think I have written to him once or twice—I can't tell whether there were any shares of this company in the market in 1865, I knew nothing whatever about the company then—the books would not show what shares were in the market then—I did not wind up the company, I was appointed liquidator—at that time there was about 200l. in hand—at the time Mr. Pappa made the statement to me he did not offer to lodge the entire amount of the moneys which it was said he had irregularly dealt with, for the purpose of awaiting the determination of a court of law; he offered to lodge this particular sum, I think; it is in the statement; I think he offered to lodge the 800l.; I know nothing but what is in the statement—I heard the statement made—I was appointed liquidator in the interests of the creditors and share-holders—I did not accept the offer, I left it to the solicitor, Mr. Mullens; it was in his hands, I would not interfere at all—there was a creditors' representative; I think he was present at the time—the prisoner was given into custody after the order of the Court was served upon him, which was obtained by the creditors' representative—there—was an application made to get an order; it was not made by me, but by the Alliance Bank, the creditors' representative; I had nothing whatever to do with it—I laid the matter before the Court in 1867—I don't know whether his whole statement was read before the Vice-Chancellor upon that application; I think, in the evidence that was laid before the Vice-Chancellor, it was mentioned what his excuse was.
MR. H. JAMES. Q. I believe you made application to the Vice-Chancellor, in 1867, for leave to prosecute? A. I made an application on 7th April, 1867—we went before Vice-Chancellor Wood on 3rd May, and he said I was not the proper person to apply under the Act of Parliament—the creditors subsequently took the matter up; the Alliance Bank were
the principal movers—Mr. Chater, the chairman of the Alliance Bank, was the creditors' representative—his application to the Court of Chancery was made on 3rd August, 1869—they were held to be interested; it was then a creditors' question—I found a good many bad debts.
MR. SERJEANT BALLANTINE. Q. Of course you took possession of the minute-books? A. Yes—I found no minute of any allotment to Fraser; there was no minute of any allotment to anybody, I think.
MR. H. JAMES. Q. Did you go over, with Mr. Pappa, a statement as to his indebtedness to the bank? A. A statement of affairs was made out at the time of my appointment, dated 31st July, with his assistance, which showed that he owed about 6000l. or 7000l. to the bank—I did not see Mr. Pappa about that, my brother did.
MR. SERJEANT BALLANTINE. Q. Against which the bank held a quantity of shares? A. He had 4000 odd shares in the bank; they represented somewhere about 24,000l., I think; a very large sum.
COURT. Q. What, with 5l. paid? A. Some 4l., some 5l., and some 7l., I think—that has not been made over as security to the bank for advances—the bank would, no doubt, under their articles, have a lien upon them.
MR. H. JAMES. Q. Has that amount ever been paid? A. No—18,813l. was his paid up capital in the bank—his liability upon those shares would be 70 or 80,000l., a very large sum; that has never been paid.
FRANK COOPER . I am in partnership with my brother, the last witness, and assisted him—on 10th December, 1866, I had a conversation with Mr. Pappa in relation to some of these shares—I made a memorandum of that conversation on 11th December, 1866—this is the original memorandum, signed by me at the time—I believe it correctly represents the conversation that occurred—this is the part that refers to the 20,000 shares (Read: "I made some inquiries as to the allotment of shares to the Oriental and Commercial Bank Shareholders upon the formation of that company, by the amalgamation of the Oriental Commercial Company, and the National Financial, and as to why sundry shares were placed in Mr. D. Kusthatiade's name, he having paid nothing for them; he, that is Pappa, informed me, that on the amalgamation 20,000 shares were set apart for the Oriental Commercial Shareholders by the Oriental Commercial Bank; but that some of those shares not being applied for he obtained the verbal consent of D. Eusthatiade to place the balance of shares in his name till an opportunity offered of disposing of them to genuine shareholders. He said the directors were aware that some of the shares were not applied for, and that they had been placed in a nominee's name, but did not think they knew in whose name they were placed. I had been previously given to understand that the shares in Eusthatiade's name belonged to the bank")—That was the memorandum I made at the time—(At the request of MR. SERJEANT BALLANTINE the remainder of the memorandum was subsequently read as follows: "Mr. Pappa then referred to the books and asked if there was not some little cause of uneasiness, and expressed his willingness and anxiety to give me any information as to anything which might not appear quite regular. He specially alluded to the commission taken by the Daily Finance Committee, which he said was not regular, and that he had protested when it was taken, stating the profits were not made, but that he was told he was only a manager, and to 'mind his own business' and attend to his directors' instructions. He wished me to bear in mind that he had previously mentioned this subject He also said he believed some of the committee knew they would have to
refund. He then said if there was anything in any of the accounts, or in his own account, which he was sure was quite straightforward, that wanted explanation, he should be most happy to give it. I told him we were looking into several matters, and if we found anything we did not think proper, we should certainly require an explanation from whomever it was, and give an opportunity for such explanation, which, if not satisfactory, the matter would then be taken up by the solicitors. He wished particularly to be informed if we had any reason to complain of his not giving information, and I informed him I had always found him willing to do so. He said be thought there was some little feeling against him, that he was sometimes hasty in his expressions, and feared he might have given Mr. Johnson offence at some time by remarks about the Chancery proceedings, but expressed himself anxious to give every facility to any enquiry by giving all the information he could.")
RICHARD MULLENS . I am one of the solicitors for the prosecution—I produce a statement which I took down while Mr. Pappa was speaking—it was taken in a hurry, and the original is very difficult to read now—I have bad it fair copied and can say it is correct—in the month of December, 1866, I was requested by Messrs. Upton and Johnson, the solicitors of liquidation, to peruse certain papers which they handed to me, and I then suggested that Mr. Pappa should be called upon to give explanation upon the matters contained in those papers—I first saw Mr. Pappa at the office of the liquidator, on the 14th January, 1867—he had no solicitor, and I recommended he should have one—at that time he said he would prefer to be without, and certain matters were gone into at that meeting not relating to the matters now in question—the next meeting was held on 21st January, and then Mr. Pappa was attended by a solicitor, Mr. Lewis, and all that took place then took place in the presence of Mr. Lewis, as well as myself—sometimes Mr. Pappa spoke, and sometimes Mr. Lewis—Mr. Lewis frequently said what I have taken down as Mr. Pappa's statement, but Mr. Pappa assented to its being taken as his statement—I think I can read it—the heading of it is "800l. Fraser—other matters were referred to, but this relates only to Mr. Eraser's. "This money was remitted to myself by the above gentleman, who had no connection with the bank, but was recommended to me by a Mr. Langford. The sum in question was at his request invested in shares, bought by me for him; but, as upon the day of the settlement I could not see Mr. Fraser, I gave my name for the shares, so that the shares passed to my name, and afterwards I gave instructions to the registrar to take 160 shares from my own name and pass them to that of Mr. Fraser. The funds and accounts of the bank hate no concern with this matter. As far as I recollect, I signed a letter to Mr. Fraser, acknowledging the receipt of the 800l.; I presume that the registrar followed my instructions, but please give me the books; share and transfer registrar produced, folio 292, account of Mr. Fraser"—That book is here—this is the entry that was read: "Debtor, William Fraser, Weston-Super-Mare, gentleman, 1866, March 20th, to accounts due on re-allotment of 160 shares at 5l. per share, 800l.—There was another entry made subsequently—there is no entry on the other side crediting the account with the receipt of the 800l. cheque—that is the only entry in that page—there is no credit—after reading the entry Mr. Pappa said: "I must here state that I was not the registrar, neither the book-keeper, so that I am not responsible for any mistake or omission in the book; I make this statement after seeing
the entry from which is omitted the transfer of 160 shares from my name to his, which transfer I had given directions to the registrar to make, and to him I refer you in confirmation of my statement The date of this entry is the 20th March, 1866; I presume the date of this entry to be a mistake, as I received the 800l. on 23rd May, 1865." Then the share and transfer register, vol. 2, account of D. Pappa, 421 was produced—(The book was produced)—I don't know that any particular item of this account was mentioned—it was laid open before him, and he went on to speak, but I have no note at present that any particular entry upon this page was read—"In May, 1865, I had more than 3000 shares of 2l. each"—I think the object of that was to see how many shares he had at that time, but nothing more took place—then the register of shareholders was produced, the book that you have had some discussion about—he very likely said "I ask for the register of shareholders, which is now produced"—I have only got "Register of shareholders produced" in the original, and then "I request to be shown by the clerk of the liquidator Mr. Eraser's name as a shareholder allotted shares of the bank"—substantially Mr. Pappa sometimes said "I ask for this or that"—the 20,000 shares was the portion of the register referred to—it was open at that part where the allotment of the shares is to Eusthatiade—18,000 shares appear to be allotted to different persons—then the book being opened Mr. Pappa said "I request to be shown by the clerk of the liquidator Mr. Eraser's name as a shareholder allotted shares of the bank. Mr. Cooper says he does not find Mr. Eraser's name;" Mr. Pappa said "I also do not find the name in the book, and I say that if the 180 shares given to Mr. Eraser were the property of the bank, there will be an entry in the minute-book, allotting 160 shares to Mr. Eraser; I ask for the minute-book, and beg Mr. Cooper to find such an entry. Mr. Cooper says he does not see any minutes of any allotment by the bank to Mr. Eraser." Then Mr. Pappa goes on: "This fact of non-allotment by the bank shows that Mr. Eraser never had any allotment of shares made to him by the bank, and that some error has arisen in not having entered in the transfer ledger the transfer of 160 shares from my name unto that of Mr. Eraser; that error is not of my making, and I received the money from Mr. Eraser, believing that the transfer had been made as ordered by me, and I say that the money belonged to me and not to the bank; and I am willing to contest that question in any court of law, and deposit the money for that purpose"—the words "I say that the money belonged to me, and not to the Bank," I have marked here that Mr. Pappa did not say every word of that, but Mr. Lewis—Mr. Lewis said, "I am willing to contest the question"—Mr. Pappa said afterwards, I don't know whether it was at that meeting or not, "I adopt every word that Mr. Lewis has said, "or something to that effect—"Mr. Cooper now produces another register of share-holders; I see an entry of the name of Eraser"—This is Mr. Eraser's account—"I see an entry of the name of Eraser as holder of 160 shares, 5l. paid, 18859 to 19018, dated 20th March. I say that if these numbers be not the numbers of my shares, it is the mistake of the registrar; the whole mistake being that he has not given certificates of my shares to Mr. Eraser as I directed him. The bank is answerable for his mistake, and I hold the bank responsible for the 800l., if by law I am compelled to pay over that amount by reason of the error of the registrar of the bank. I now ask for the dividend warrant book, and I ask Mr. Cooper if there be any divident warrant made out by the bank in favour of Mr. Eraser. He produces
a cheque on the Agra and Masterman's bank, dated 20th March, 1866, for 47l. 11s. 3d., in favour of William Eraser, Esq., or order, signed by Mr. Clench and Mr. McKenna, two directors, and countersigned by me as managing director. The counterfoil is as follows: 'William Fraser, of Weaton-Super-Mare, for dividend from 28th May to 31st December, 1865, at 10 per cent, 47l. 11s. 3d.' I say that the cheque so given to Mr. Fraser is-correctly paid to him as the holder of 160 shares, but owing to the error of the clerk, should have been paid in respect of 160 shares ordered by me to be transferred from my name to Mr. Fraser's. The apparent irregularity of this transaction arises solely from that error, and having thus been made the rest follows in the course of business, and was not discovered by me as I did not keep the books. If, therefore, my dividend was that amount in excess, I am responsible to pay it to the liquidator, as I told him some time since when this question was first mooted. I am now prepared to answer any questions which you, Mr. Mullens, wish to put on this item. Mr. Mullens replied that he does not wish to put any question now"—I did not do any business from August till the end of October, 1869—I was not out of town all that time.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I believe in the progress of the examination this letter was produced by him, was it not, purporting to come from Mr. Swan? A. Yes; I think so—I have a copy of the letter—it was made a part of his statement on a day subsequent to this, not on this day—I incorporated it—there is no doubt, that I know of, about the authenticity of that letter—there is no doubt that it is the genuine handwriting of Mr. Swan—it was not produced on the first occasion—it was afterwards produced by Mr. Lewis, and it in part refers to this case—I think it was produced some day in March, 1866, at our last meeting—the meeting I have just been detailing was in January, and this was read at the meeting of the 6th March.
ARTHUR COOPER (re-examined). The first transfer was on the 26th October, 1865, of 125 shares—the next was on 6th November, 406 shares; those are the nearest to the month of May—in June there were four transfers, none in August—Mr. Pappa received dividends upon all the shares held by him—the first dividend was credited to his account with the bank, that was 1323l.—his dividend on 30th June, 1865, was upon 3374 shares, standing in his own name—he did not receive any dividend upon the other shares—he received the next dividend on 12th June, 1866—that was the December dividend—this was taken after the suspension of the bank, it was a dividend declared for the half-year ending 31st December, 1865, at a meeting held in February, 1866; that was 1027l. 17s.—he took the money for that—that was upon 4311 shares standing in his own name, but he was not entitled to so much, because he had only 4051 shares at the time—there was no dividend in May—the first dividend was put to the credit of his account, the second he took, after the suspension of the bank, out of the moneys that he collected—there is an entry relating to it in his own handwriting on 12th June.
HENRY PETER MATTHEWS . I was a clerk in the Agra and Masterman's Bank—in May, 1865, Mr. Pappa had an account there—I have the country clearing book—I find in it an entry of a country cheque for 800l., paid in to his credit on 25th May, 1865—it was a cheque drawn upon the bank at Yeovil, through Robarts & Co., the London agents of Stuckey's Bank—that cheque would be presented through the dealing—Mr. Pappa was ultimately credited with it.
WILLIAM SESSIONS . I am clearing clerk to Messrs. Robarts—on 25th May, 1865, I received from the Agra Bank a cheque for 800l., in the country clearing—that cheque was paid by me, and passed through my country waste book—I am not able to say what the name of the country bank was.
GEORGE ROSE . I am a clerk in Robart's bank, and was so in May, 1865—I then kept the country drafts clearing book—I find there an entry on 25th May, 1865, that a draft of 800l. had been presented by Stuckey & Co., of Yeovil.
BENJAMIN CLAPHAM . I am a member of the firm of Clapham Brothers, in Throgmorton Street—in May, 1865, I had invested some money for Mr. Pappa—on 24th May I received a cheque for 750l. from the Oriental Commercial Bank—it was Mr. Pappa's cheque, so I am informed now; but I cannot remember—in my book it merely says, "Cheque, 750l."—it does not say who drew the cheque—I can't say whether I received it on account of Mr. Pappa—I paid the cheque for him as manager of the Oriental Commercial Bank—I sent to the bank for the money, and they gave me a cheque, or my clerk, and that cheque was, I suppose, for 750l.—I paid that cheque into my account at Messrs. Glyn's—this (produced) is my account with Mr. Pappa; it is headed in my book, "Mr. Pappa"—we bought the shares for him undoubtedly, for the bank; but it is our custom to put it so—we do it with other companies the same—we should look to the bank, through him—there was more than 7501. due to me on 25th May, about 1118l.—then were certain shares bought, and some sold, and there remained a balance, which paid for the shares, and they gave us a 750l. cheque; and the bank, on their own drawing, gave me a cheque for the balance afterwards—that was signed by two directors—that cheque was in the cheque-book that was produced just now—there was a balance carried forward of 368l. 15s. into the following account, and in the following account, in October, I received a cheque for 400l., which you will find in that cheque-book, no doubt, or one like it—it was a balance of account; there was 368l. to be paid out, and that was repaid to me by a cheque for 400l.—I received that cheque, myself, up stairs, in the bank, from the clerk who sat on the right-hand side—that was on 24th May, 1865—the other was on 5th June—those would be on account of the Financial Corporation, the South-Eastern Bank, and the National Financial Association—you will see the South-Eastern Bank on the opposite side of the chapter, so many sold, consigning a few shares, the remnant, whatever it was; but they were at the same prices—they had nothing to do with this transaction—they had everything to do with the account—the South-Eastern Bank is nearly 1600l. on one side, and 1400l. on the other, and there was a dividend received of the National Financial—it is a general account—there is a cheque in the bank books referring to 400l.—the 750l. was not paid—there is nothing of that in the bank books—I did not see Mr. Pappa, myself, on 25th May—I did not sea him immediately after the cheque was dishonoured—I saw him on 4th June, I suppose, because I evidently received a cheque that day—when the 750l. was returned to me from my bankers, I sent my clerk with it, and they gave me notes—these (produced) are the same.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Your clerk brought them to you? A. Yes—he is not here—they have gone through my hands—they have my name upon them—my clerk is not here—I cannot tell from whose hands he got them; but I sent him to the bank—I had been doing business for Mr. Pappa for about a year previously
—in May, 1865—I should not think there was much doing in the shares of this company—on the debtor side of Mr. Pappa's account, commencing March 27th, 1865, there was a purchase of Financial Corporation shares, 202l.—that was closed by a cheque—on 28th April, Financial Corporation, 250l.; National Finance, 806l.—that closed by a cheque for 1078l.—I can't remember whose cheques those were—it simply says, "Cheque," that is all—on 16th May there is, "National Finance, 100 shares, 812l. 10s.;" Financial Corporation, 237l. 10s.; then there are some South-Eastern things—I don't consider them speculations, they are bought and sold—that is carried over—then there is "Financial Corporation 25l."—on 16th May, among the payments is the cheque for 750l.—the history of that cheque is this, these transfers were delivered to me, as the broker, I tent them over to the Oriental Commercial Bank, and my clerk brought back a cheque for 750l., which he paid into my bankers Messrs. Olyn't—it was not paid, in the morning Glyn's clerk returned it to me as unpaid, I sent it across, by a clerk, to the Oriental Commercial Bank, and he came back with 750l., in notes, which he paid in in the afternoon of that day, with other cash; from whom he obtained it I can't say—with reference to the National Finance and Financial Corporation Shares, they were actually purchased and delivered—I can't tell you for whom they were purchased—I buy them in the market—they were delivered at the Oriental Bank—I had no personal communication with the directors; but my authorised clerk had—I did see some of the directors when I received the cheque for 400l.—a cheque for 750l. was returned to me, which made me cautious, and I went to the bank, to the head of the firm, and demanded a cheque immediately—I saw two directors and Mr. Pappa—I call them directors; they sat there, and looked like directors—I received a cheque for 400l. in their presence—one of them signed it—I had said that I would have 378l.—I wrote them a very stiff letter about it—I do not remember that I said anything about the cheque for 750l., which was dishonoured.
MR. H. JAMES. Q. When you tent the transfers and the book, was Mr. Pappa manager at the bank? A. Yes—it was made out in hit name.
COURT. Q. Is that the private account? A. Yes; D. Pappa.
ISAAC COLE . In May, 1865, I was clerk in the Agra and Masterman's bank and kept the ledger, this is it—on 25th May, Mr. Pappa't account was overdrawn, 11l. 1s. 10d.—he was not debited till the 25th with the 750l. draft, that would make his debit 761l.—the draft was payable to Clapham—on the 27th, his account is credited with a country draft, which had been paid in on the 25th, but which had to go to the country, that it customary, that would leave 38l. 18s. 2d.
ARTHUR COOPER (re-examined), Here is a share account in the name of Clapham Brothers, in the ledger, it begins on June 8th, 1865—I find cheques on June 3rd, 1865; I found cheques on July 5th for 400l.; June 9th, 162l. 2s. 6d., and July 24th, 111l. 19s. 7d., making together 672l. 2s. 1d.—after the suspension of the bank that account was written off as a bad debt by one of the clerks, not by Pappa—I only know what I have been told—I do not know in what clerk's writing it is.
—it was shown to Mr. Pappa—a certain number of debtors are struck out, that was done that they might be written off the books as bad debts, to balance them—Mr. Pappa gave me directions whether they were good or bad debts—I see the name of Clapham down for 672l. 2s. 1d., a pen has been run through it—that was done by Mr. Pappa's directions, and there are others treated in the same way—these entries, striking those off as bad debts, are made by the clerk who kept the day book at that time, Mr. Shaw, by my directions—that entry was made in consequence of their being struck off the account.
COURT. Q. What was struck off? A. Profit and loss, and sundries, 4088l. 18s. 8d.—those are entered at bad debts, and carried to profit and loss account.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Just tell me how many directors there were to the company? A. Seven; Admiral Burney, Edmond Clench, Henry Spicer, E. G. Swan, Mr. Seton, and two others—when I had directions about the books, it was always from Pappa, and always out of the board-room—the directors sat once a week; the whole of them generally attended—the staff of the company was a Registrar and two assistants; they had charge of the register books, and it was their duty to make such entries as were required—their names, in May, 1865, were Mr. Hunter and Mr. Dixon.
FRANCIS COOPER (re-examined). I went through the list of bad and doubtful debts to the concern, with Mr. Pappa, and had this 672l. 2s. 1d. from him as a bad debt—his initials are put against it by himself.
JOHN JOSEPH HUGHES (re-examined). The 19th May, 1866, would be about the date that Pappa directed this to be written off as a bad debt, I cannot tell you from memory—I did not enter it on the same date—to the best of my recollection that was arranged between myself and Mr. Pappa a few days before the date I put—I gave them to the clerk to make the entry—no explanation was given of why this particular entry was to be written off as a bad debt—it was certainly not said that the shares which the broker had to deliver, representing that sum, were not worth the paper upon which they were written, or were worthless—no explanation was given of why it was to be written off, but I knew they were to be written off as a matter of course, became they should not stand against the person's account; they should be written off to profit and loss, and cleared off to eliminate the account.
MR. H. JAMES. Q. Do you remember Mr. Pappa giving any reason why they should be struck off? A. No.
MR. SERJEANT BALLANTINE to B. CLAPHAM. Q. What were these three cheques in your favour given for? A. To balance the account—this is the 400l. I spoke of, and the 160l. 2s. 6d. settles the same account with the 400l., and the next is the balance—those cheques were paid in to my account—the 400l. was to the National Finance, and the other was the balance for Financial Corporation shares—I owed nothing whatever to the bank, but there were some shares to be delivered.
COURT. Q. What shares had you to deliver? A. Financial Corporation shares; I am the broker, and I bought the shares—I did not buy and sell these—here are 100 Financial Corporation, nothing else—they were not continued—this cheque I know paid for those shares, and they became valueless.
MR. H. JAMES Q. Were there some South Eastern shares which he did not deliver? A. Yes; they were bought and sold, and thirty remained to the next account, up to May, 1866—in May, 1866, I should think I had delivered all the transfers of shares—as far as I know, they were all delivered at the time I received the money, they don't pay me for nothing.
COURT. Q. Was the Financial Corporation one of those? A. Yes; those were not shares of this bank, they are sold at 7s. 6d., there was an amalgamation going to take place.
The prisoner received an excellent character
— GUILTY — Five Years' Penal Servitude.
FOURTH COURT.—Thursday, May 5th, 1870.
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution; and MR. MOODY the Defence.
FREDERICK GREEN . I am an umbrella-maker, living at 38, Sloane Square, and occupying a shop in Sloane Street—on the evening of the 2nd March, I locked up my shop as usual, from the outside, and proceeded to my residence for the night—about 7 o'clock the next morning I found that it had been broken into—the front door was open, two bolts had been burst off, and the place was in disorder—all my umbrellas and parasols had been taken from the windows—the drawers were open, and the umbrellas which had been brought to be repaired, were missing also—the thieves had sat in the parlour and out off the silver collars from about two and a half dozens of canes—they had spoiled about 5l. worth of paragon ribs—there was a lantern with a light in it, and evidently they had had supper there, for there were fish bones and potatoe parings all over the place—the value of the stolen property was about 300l.—the umbrellas were of English manufacture, and some of them bore my name—about 10l. or 15l. worth of dog collars an missing now, as also other of the property—I have recovered about 860 umbrellas and parasols—the property which was sold to Mr. Theodoredi for 42l., was in value from 160l. to 200l., many of the umbrellas being of the very best quality—Mr. Theodoredi came to my place on the 9th, and afterwards I saw Mr. Nardaud, I believe—I had received an anonymous letter before then, and had been with the police to Mr. Theodoredi's place, in New Broad Street—the bulk of the stolen property was found in Mr. Theodoredi's private residence, at Battersea, and a portion at his shop in New Broad Street—I know nothing of the prisoner.
Cross-examined. Q. Did you not say, when before the Magistrate, that the property was worth about 250l.? A. It might be so—I can't speak positively as to the number of umbrellas stolen—I have had to guew it—umbrellas, sun shades, and dog collars, with silver mounts, were stolen—I only received umbrellas and parasols from Mr. Theodoredi—there were four or five dozen umbrellas stolen that had been left for repair—the thieves left the worst—ray name was not on all of the new ones—it was not put on, as a general rule.
OCTAVE NARDAUD . I am an interpreter, living at 35, Wardour Street, Soho—on 4th March, as I was going to the City, by boat, from Hungerford Pier, about 3.30 in the afternoon, I saw the prisoner, who showed me two silk umbrellas, one a gentleman's and the other a lady's, and said that he
had received a quantity from Paris, and wanted to sell some of them, so as to raise money, to send the same evening, in part payment of what had been sent—he said he was going into the City to meet somebody who was about to sell them for him—I said that I could introduce him to a gentleman, who, I hoped, would buy them—nothing was said as to quality or price—I believe he said he had 340 umbrellas altogether, namely, 200 gentlemen's and 140 ladies', all silk—I took him to Mr. Theodoredi's, in New Broad Street; but there was no bargain made at first between them—Mr. Theodoredi was out at the time—when he returned I told him I had brought him a party who had some umbrellas for sale—Mr. Theodoredi wanted to see the bulk when he made any arrangement as to purchase—prisoner said that he could bring the bulk, and then he left—I went out with Mr. Theodoredi to a place in Water Lane, and when we got back to his office, about 11.30, the umbrellas were there, and the prisoner and another man waiting (looking at a prisoner named Edward) that is the man—I asked the prisoner who the man was, and he said that he was his landlord, and a friend of his—Mr. Theodoredi looked at the umbrellas, and found that some of them were not quite new, and he asked the prisoner how that was—the prisoner said it was a job lot, which had been purchased by his landlord, for whom he wanted to sell them—a price was named, and the prisoner agreed to accept a lump sum of 42l. for the whole of the property—the money was to be paid that evening; but, as it was late, Mr. Theodoredi gave the prisoner 5l. in cash, and he wrote out a receipt—there is only his signature on the stamp—the body of the receipt is in the handwriting of someone else; I think a friend of Mr. Theodoredi's wrote it—I was there the next morning, about 11.15, and the prisoner was there, too—a cheque for 27l. 10s. was given—(produced)—the prisoner went away, but returned in about an hour and a half afterwards, and received another cheque for the balance, 9l. 10s.—he said he wanted to have some profit out of the transaction; but, by arrangement, he was to give his friend the cheque for 27l. 10s., as he himself had had 5l. before—I was to have a commission of 5l. for my trouble, and the prisoner gave me 1l., and Edwards 10s., besides.
Cross-examined. Q. I believe you had had some dealings with the prisoner before? A. Yes—I met him on Hungerford Pier before we proceeded to Theodoredi's—a man named Berjeau was with him there—the prisoner spoke of having received the umbrellas from Paris—I had nothing to do with what the prisoner said to Mr. Theodoredi as to his landlord being the owner of the umbrellas—Mr. Theodoredi is a Greek, I believe—I am a Frenchman—the conversation with Theodoredi was mostly in French—Mr. Theodoredi speaks perfectly good English—I did not think it worth while to call the attention of Mr. Theodoredi to the account given by the prisoner that the umbrellas were his landlord's; I had nothing to do with that—I had not the money for nothing at all—the 1l. 10s. was given to me after the transaction was concluded—if I had suspected that the property had been stolen I should have had nothing to do with it—Mr. Theodoredi's nephew, his clerk, and two or three gentlemen were present—Mr. Berjeau was not present whilst the negotiation was going on—I did not see a man named Manning there—a man of that name was, I believe, waiting at a public-house—I cannot say whether the second cheque for 9l. 10s. was payable to order—I first went to Mr. Theodoredi's about 4 o'clock on the Friday afternoon—it was about 7.30 when the umbrellas were taken there.
JOHN THEODOREDI . I am a merchant, carrying on business at 23, New Broad Street—my private residence is at 13, Larkington Road, Battersea—I remember the last witness bringing the prisoner to my offices, and my purchasing a number of umbrellas from him—I gave him 5l. at first, and it was arranged that the remainder of the sum of 42l. should be paid by cheques—the first cheque was of the value of 27l. 10s.—a man named Edwards was with the prisoner—two cheques were drawn at the prisoner's request—there were 323 umbrellas and parasols, altogether, and part of the former were of alpaca—some of them were soiled goods—the prisoner told me he had had them from Paris—I saw there were different makers' names upon them—they were not all silk—they had the names of Toplin, Townsend, Green, and others, and I thought they might be job lots coming from factories—some of them were soiled and torn, as if they had been left for mending; I pointed this out to Edwards and the prisoner—Edwards said nothing beyond the prisoner being the agent—he referred me to the prisoner, and said he had just come from the colonies—I told the prisoner, in French, that the umbrellas were not what he had represented them to be—he said they must be French, although they had English names upon them—he said they came from France.
Cross-examined. Q. You say you bad never seen Moriean before he was introduced to you by Nardaud? A. Yes—Nardaud said that a friend of his had to pay some bills, and wanted to dispose of some umbrellas—about 100 of the umbrellas were of alpaca—I did not find a single French one amongst them; the alpacas were all English—when Edwards spoke about the umbrellas, he said "my agent"—I said "I must make further inquiries"—I do not know whether I said anything to Edwards about signing the receipt—I cannot say whether I offered any receipt to him to sign, but I am not certain about it—subesquently I received a letter from the prisoner stating that he was the party concerned, and that he had to pay Nardaud commission—he gave his address at 14, Church Street, Soho.
JOHN BERJEAU . I live at 16, High Street, Bloomsbury—on the 4th March I was in a coffee-house in Rupert Street, and the prisoner and four or five foreigners were there—the prisoner told me he had about 300 silk umbrellas for sale—I said there were plenty of people in the City who would buy them—he asked me if I would accompany him there, and I did—at the boat pier we met with Nardaud—I did not go into Theodoredi's the first time, but waited outside the office—when the prisoner came out again, I went with him to the same coffee—shop I had seen him in in Rupert Street—I then went with him to Cranbourn Street, and waited for him about half an hour—when next I saw him he was inside a cab, No. 2332, with three men—there were boxes and things in the cab—then we went on to Theodoredi's—the prisoner and Edwards carried the umbrellas into the place—I saw Morieau the next day—he told me he had only 284 umbrellas, 180 silk, and 100 alpaca—I said they did not look like English goods, and he replied that his landlord had just received them from Paris.
Cross-examined. Q. Have you ever before said a word about Morieau having stated that his landlord had received them from Paris? A. Yes—I never saw the umbrellas at all—the prisoner gave me a sovereign as commission—I knew him first about four or five years ago—if I had known there was anything wrong about the transaction I should have had nothing to do with him.
MR. BESLEY. Q. What made you speak to the prisoner about the
umbrellas not being all silk? A. He only told me so—he said they were all right.
ALFRED GIBSON . I am the driver of a cab, No. 2332—on the 4th March I was told to go to 5, Tower Street, Seven Dials—I saw Edwards there, and he put some goods on my cab—the prisoner, I believe, got in at the corner of Cranbourn Street—I drove them to Mr. Theodoredi's in the City—and there I waited for two and a half hours—the prisoner and Edwards helped to take the luggage off the cab—whilst I was waiting at a public-house Edwards came and paid me, and then he and the prisoner shared some money between them, but what I do not know—then I drove Edwards and two other men to Long Acre.
MARY MORGAN —I am the wife of Edward Morgan, and live at 5, Tower Street, Seven Dials—the back parlour was let to a young lady and a baby in March last—I saw Edwards there, but not Morieau—I remember, early one morning, hearing the noise of two persons in the passage—I cannot state the time, but it was just before daybreak—the persons went into the back parlour, then returned to the street, and fetched something apparently very cumbersome—I then heard some vehicle drive away.
THOMAS THORNTON .—I occupied, in March last, the first floor front of 5, Tower Street—I heard some goods brought in on a Friday morning early, and I saw them taken away from the house afterwards—I did not see the prisoner there.
JOHN FOLEY (Detective). I and detective-sergeant Reimer proceeded on the 6th April to 30, Greek Street, Soho, a French restaurant, and there saw the prisoner—I spoke to him in French, and told him I should take him into custody for being concerned in stealing a large quantity of umbrellas, about 400 in number, from Mr. Green's, in Sloane Street, Chelsea—he said "I didn't steal them, a man came to my house about a mouth ago, I think on a Wednesday or Thursday, and rang the bell; I went downstairs and found an Englishman there. He asked me if I could sell some umbrellas for him. I said yes, I would sell them on commission; and he then gave me two as samples, one gentleman's and one lady's silk umbrella. I took them to Mr. Theodoredi's, and he agreed to buy them."
Cross-examined. Q. Do you know from inquiries you have made between the 4th March and the 9th April that the prisoner had been to Paris? A. I understand so; but I have no positive information about it—I was not present when Edwards was taken into custody—I did not give evidence against him—I think he was apprehended about ten days after the burglary—the police were on the search for the persons engaged in this transaction as early as the 10th March—I was informed that the prisoner had been in Paris between the time of the burglary and when I found him in Greek Street—it was a French wine-shop where I apprehended him—he can't speak English perfectly.
MR. BESLEY. Q. Had you a warrant when you took him? A. No—I was at the same time looking for Edwards—I went to 14, Church Street, but did not find him there.
GUILTY — Twelve Months' Imprisonment.
MR. BESLEY conducted the Prosecution.
The evidence of MR. GREEN, OCTAVE NARDAUD, JOHN THEODOREDI, JOHN BHRJEAU, ALFRED GIBSON, MARY MORGAN, and THOMAS THORNTON, as gives in the last case, was repeated.
WILLIAM PALMER (Police Inspector). About 9 o'clock, on Sunday, 13th March, I was in Soho Street, when I saw the prisoner and some other men—Berjeau was there—I caught hold of the prisoner, but he broke away from me; he was, however, caught by Sergeant White, into whose arms he ran—he was conveyed to the Rochester Row police-station—he gave his name as John Edwards; but no address—I said he was charged with stealing a large quantity of umbrellas, the property of Mr. Green, on 2nd March, from his shop in Sloane Street—prisoner replied "That is something new to me."
Prisoner. I was employed the same as Nardaud was, in selling the umbrellas on commission.
He was further charged with having been previously convicted.
THOMAS HAZELDINE . I am a superannuated police sergeant of the D division, and produce a certificate of conviction at this Court, June 10th, 1850, of the prisoner, in the name of Frederick Dowden, of burglary in the house of a person named Bowener; he was sentenced to be transported for fifteen years—the prisoner is the person mentioned in the certificate—I knew him for upwards of ten years before that conviction, and was present at his trial.
Prisoner. I deny being the man.
SOLOMON HANNANT . I was lately a superintendant of the C division of police—I have heard the certificate read—I was with the last witness when the prisoner was apprehended on that occasion—I had known him four or five years previously; but was not present at his trial—the prisoner is the man described in the certificate.
GUILTY.— Seven Years' Penal Servitude.
MR. COOPER conducted the Prosecution; MR. GRIFFITHS defended Johnson, and MR. ST. AUBYN the prisoners Jones and Beech.
WILLIAM SIMMONS (City Police Constable 461). About 1.30 on the morning of 31st March, I was in Fleet Street, where I saw the prisoners—I saw the female stop several gentlemen—Beech was close behind her, and Johnson was on the opposite side of the street—when the woman stopped a gentleman, the male prisoners remained close by her—she remained with the gentleman two or three minutes, and when she left them Beech crossed over to Johnson and spoke to him, then they separated, and Beech followed the woman as before, some eight or ten paces behind her—then she accosted another gentleman, and Beech stood a few paces behind her and Johnson, on the opposite side of the street, as before—then I saw her stop Mr. Saunders, the prosecutor, and accompany him as Car as Ludgate Hill, the male prisoners following her at the same distance behind—Mr. Saunders called a cab, and the two male prisoners joined in conversation close by—Mr. Saunders would have got into the cab; but the female took him by the arm, and pulled him away; then she took him along New Bridge Street, and was followed by the two other prisoners, who had separated, one on each aide of the street, until they came to Blackfriars Bridge, when they joined company as before—the female took the prosecutor down William Street, when Beech crossed over to the top, and there lit his pipe—Johnson walked
up to the top of the bridge, returned, and then joined Beech again—I placed myself on a window sill in William Street, close to where the female and Mr. Saunders were standing—in about two or three minutes she coughed twice, loudly, when I crossed and seized hold of both her hands, telling her I believed she had robbed the gentleman, and that I should take her into custody—she resisted very much—I called for assistance, and she was taken into custody—on the way to the station an officer seized her left hand, whilst I took from her dress pocket a watch and chain and 2s. 6d. in silver, and at the same time 15s., in silver, fell on the pavement—after I had been to the station I went to the place where I had struggled with the woman, and there I found three receipts for Queen's taxes, made out in the prosecutor's name.
some-thing by MR. ST. AUBYN. Q. Were you in plain clothes or uniform? A. Plain clothes—I saw the woman talk to two gentlemen before she addressed the prosecutor; as soon as they left her she walked on again—I had some idea that the men were friends of hers—they were walking, one on one side and one on the other, and they stopped when she did—there were a great many women in Fleet Street, besides the prisoner—I did not take her into custody before, I did not see anything to justify me in to doing—I guessed she had committed a robbery from the signal which she gave—she coughed once, loudly, and before I could cross the street, she coughed a second time—I took the watch from her dress pocket—there was a chain attached—I charged her with robbing a gentleman of a watch and chain, and some silver—I did not see her commit the robbery, but I suspected her—Beech was walking on the same side of the street as the woman—I did not see him do anything except speak to Johnson.
Cross-examined by MR. GRIFFITHS. Q. How long have you been a policeman? A. About nineteen years—I have given evidence on many occasions before this—my depositions were read over to me before the Magistrate—I signed them as being correct—the gentleman hailed a cab and would have got in if the female had not prevented him, and the two male prisoners joined in conversation close by—I made this statement before the Magistrate—I said the two men were standing by the railway arch, close to the cab—I believed that such a statement had been inserted on the depositions—the two men did converse together, and I swore that before the Magistrate—I saw them converse together in Fleet Street, also on Ludgate Hill, and again on the bridge—I can't say why I did not call the attention of the clerk to any omission in the depositions—if such statement is not there I overlooked it, I suppose—I did not first think of it this morning—at the station, a ring and brooch were found on Jones—I had had my eye upon the two men for some time before—I saw them waiting in New Bridge Street—Johnson walked on, then returned and joined Beech at the top of William Street—I did not forget to mention that—I did not see either of the men speak to the woman—I saw Johnson at one time on the same side of the street as the woman—I saw him on the same side on Ludgate Hill, and in Fleet Street.
THOMAS SAUNDERS . I live at 78, Albert Road, Dalston, and am out of business—the watch and chain produced is my property—the purse is not mine—the receipts are mine, and bear my name—I had this evening about 1l. in silver, as far as I know—I missed it all from my pocket—I did not know of my loss till the police constable spoke to me about it—I know nothing of the woman—I do not recognize her at all—I had been with some friends to the theatre, and had imbibed rather too much.
Cross-examined by MR. ST. AUBYN. Q. Where had you been that night? A. To Drury Lane, to see the "Peep o'Day"—I dined at home—I was a good deal the worse for liquor, so much so that I was unconscious of the robbery—I remember there was a woman speaking to me, but I do not know who she was—I was not aware of it till the policeman told me—I had not a sixpence left.
MR. COOPER. Q. Where did you keep your watch? A. In my side pocket; my coat was unbuttoned.
JOHN GELLATLT (City Police Sergeant 45). On the night of the robbery I saw the male prisoners at the corner of William Street, about twenty yards from where the female was standing with Mr. Saunders—they were both together, and I apprehended them within twenty-five yards of where they were standing.
Cross-examined by MR. ST. AUBTN. Q. Why did you not give your evidence before? A. I was at the Court, but the Alderman thought there was sufficient evidence without mine to justify him in committing the prisoners.
Previous convictions were proved against Beech in 1861, 1862, 1865, and 1868; and against Jones in 1869.
JONES— Fifteen Months' Imprisonment.
JOHNSON— Nine Months' Imprisonment.
BEECH— Seven Years' Penal Servitude.
BRANCH PLEADED GUILTY .
MR. BESLEY conducted the Prosecution; MR. MOODY defended Mary Ann Sullivan, and MR. ST. AUBYN defended Daniel.
SARAH LAZARUS . I am the wife of Eleazer Lazarus, poulterer, of 41, Petticoat Lane—the prisoner Branch entered our service as general servant about six months previous to the robbery, at the wages of 18s. per month; the other prisoners are her brother and sister—I knew nothing of them at that time—on the 8th January last I had in the house a considerable sum of money, amounting, as near as I can tell, to about 150l.—there was 115l. in gold, a 5l. note, a post-office order for 13s. 3d., and 30l. in silver, a silver coin, and other moneys, which I kept in the pocket of a petticoat, in a chest of drawers up stairs, and which drawers, as I believed, were safely locked—Branch frequently went into the room—I missed, besides my money, a gold watch and chain, earrings, a brooch, and a ring—there was a particular silver coin amongst the money, of about the size of a florin—all the money was safe before the evening of the 8th January—it was safe when I left my room that morning—I had it in my hands and counted it—Branch went out that evening about 7 o'clock, and returned about 1.30—about 11 o'clock she went into the back yard to close the shutters, as usual, when she brought in this cap (produced)—upon going up stairs I found the back-room window open, and the things were all lying about; everything was out of its place—the chest of drawers in my room were open, and all ray property was gone—I immediately gave information to the police—I have seen the brooch and the silver coin in the hands of the police since the robbery, and I identified them
as my property—I took the coin for a two-shilling piece—the watch, chain, and earrings produced are my property.
Cross-examined by MR. MOODY. Q. Had you been in the habit of keeping money in your bedroom? A. Not generally; we had to pay away the money in a day or two, and I did not think it worth while to bank it.
WILLIAM FREWSTER (City Detective). I received information of the robbery on Sunday morning, 9th January, and in the evening I went with Branch to the house of the Sullivans, 259, Cable Street, for the purpose of making inquiries—they were occupying a front room on the second floor—it was furnished very barely—I told them the circumstances of the robbery, and asked whether Branch had taken anything there—Daniel said they knew nothing whatever about it—I have had the case in my hands from the 9th January to the 9th April—I have seen Daniel Sullivan in the interval, perhaps four or five times—he has been employed as an extra man at the docks—I have seen the female, Mary Sullivan, four or five times in the company of Branch—they have been shopping at different places in the Commercial Road—I have seen them come out of shops with parcels—I have ascertained that Branch had lodgings at 3, Church Path, Stepney—on the 9th April, I was in company of Monger, and we saw Branch enter a jeweller's shop, whilst Mary Ann Sullivan remained waiting outside, it was Mr. Wood's shop, 5, Crombie's Kow, Commercial Road—Branch beckoned to Mary Ann to go in to her, and Monger then rushed into the shop and seized hold of Branch's hands whilst I held Mary Ann and took her into the shop—we asked the jeweller what they had been buying, and he said a lady's ring, and he produced a brooch which he said they had given him in exchange—I produced the brooch, and told Mary Ann we should charge her on suspicion of being concerned in the robbery at Mr. Lazarus's—she made no reply, and both women were taken to the police-station—on the prisoner Branch I found 4l. 17s. 8 1/2 d., a pair of earrings, a wedding ring and keeper, all new articles; and a duplicate, torn into pieces, was picked up in the dock where the prisoner had been standing—upon Mary Ann we found a wedding ring and keeper, and 4 1/2 d.—I went to No. 3, Church Path, and in a room, the key of which I had from Branch, I found a quantity of new furniture, a lot of receipts for new goods, 3l. 12s. for a bed and bolster, Albert guard, gold rings, &c., and two savings' bank books, there were eleven receipts altogether, and they were for goods purchased on the 19th January—we searched the lodgings of Sullivan in Fair Street, on Sunday the 10th April—he and his wife occupied two rooms on the first floor—I found there a new bed, new bedstead, new chairs and tables, considerably more furniture than what they had when living in Cable Street—there wore also a gold Albert and locket, and a gold signet ring, which we found in the pocket of a coat hanging up behind the door—they corresponded with one of the receipts of the 19th January, and which I found at Branch's place—I was not present when the silver coin was given up.
Cross-examined by MR. MOODY. Q. Were you examined before the Magistrate? A. Yes; I said that I went to No. 3, Church Path, Stepney, and found the room furnished, and under a couch found a book of the East London Post Office Savings' Bank—I said, when before the Magistrate, that I found about eleven receipts at Sullivan's house, and I mentioned about going there on the Sunday morning—I told Mr. Martin, the clerk at the Guild-hall, in the hearing of the Magistrate—I handed in all the receipts—I have
been in the force about sixteen years altogether, and have given evidence on many occasions before, so that I know how the depositions are taken down—my deposition was read over to me before I signed it—the Sullivans were represented by Mr. Beard—I assert that I told the Magistrate that I went to Sullivan's house on Sunday, the 9th January—I said I had been watching the place since—I never called the attention of anyone to this being left out of the deposition—I told the Sullivans that Branch had said she had been to their house on the night previously, and also to the doctor's.
Cross-examined by MR. ST. AUBYN. Q. Directly you saw the male prisoner, he said he knew nothing about it? A. He said so on the 9th January—on the 19th I saw the two women go into a jeweller's shop—there was no one else with them—I searched the man's lodgings on 10th April—a tailor lives down stairs, I believe—Sullivan's wife, I believed, lived with him till they were apprehended—a little girl, Branch's daughter, was there—I can't say that any of the receipts were made out in Daniel Sullivan's own name—the gold Albert, and locket, and signet-ring, I found in a coat behind a door in Sullivan's bedroom—there is an invoice with reference to that in Mrs. Sullivan's name—I can't say anything about the silver coin; it may be a Russian coin.
MR. BUSLEY. Q. Whatever was omitted from the deposition, did you—I make the statement in the hearing of the prisoners and Mr. Beard, their attorney? A. Yes; the depositions wen taken in the usual way—I have no control whatever over the clerk, as to what he should write—when I went on the Sunday night, I told the man that Mr. Lasarus had lost more than 100l., that there had been a robbery committed, and that there was 100l. and a lot of jewellery stolen.
MR. MOODY. Q. Then when I put to you the question twice, and you said you told them nothing more than that there had been a robbery committed at Mrs. Lazarus', why did you say you had answered nothing more? A. That is what I did say, I might have omitted it just then.
ANTHONY WILSON MONGER (City Detective). I was with the last witness on Saturday night, the 9th April, outside Mr. Wood's shop—as Branch was going out of the shop he seized hold of her hand, and said "What are you doing here?"—when the brooch was produced, I said that it belonged to Branch's late mistress, Mrs. Lazarus—Branch said "Now you are satisfied"—I don't think Mary Sullivan said anything—at the station, when Daniel was brought in, I asked him what money he had about him, when he said "A little over 1l., and a foreign coin"—I asked him to let me look at the coin, and he handed it to me, saying he had had it for about twelve months—I told him that I believed it was part of the produce of a robbery at Mrs. Lazarus', and that I should keep it—I found a hair guard, betides the Albert chain spoken of—Sullivan was wearing the hair guard, which had been recently purchased.
Cross-examined by MR. ST. AUBYN. Q. Was the male prisoner excited when you charged him? A. Not at all, quite calm—he said he bad had the coin in his possession over twelve months—I said before the Magistrate, that I asked him where he had got it from, and he said that he did not know; he had had it a long time, over twelve months.
GEORGE STRUTT (City Policeman 895). I was present when the lodgings of the Sullivans were searched—the hair guard was found on the mantelpiece took from the male prisoner a new silver watch and steel chain, and 1l. 12s. 5d. in money—he said "Good God! I don't know anything about it"
Cross-examined by MR. ST. AUBYN. Q. This was the Saturday evening? A. After his wife and sister had been taken into custody—when I told him I wanted him for being concerned with his wife and sister in a robbery, he said he did not know anything about it, he had been working at St. Katherine's Docks—I do not know whether they are paid there every day—it is a sort of watch that any labouring man might have worn without suspicion—it is an ordinary steel chain, costing about 2s. 6d.
ALFRED WOOD . I am a watchmaker and jeweller, at 5, Crombie's Row, Commercial Road—I sold to the two female prisoners, on 19th January, a gold Albert chain, a gold locket, and a pair of earrings (produced)—I next sold them a signet ring—on 18th March the three prisoners came together—I had seen the male prisoner previously—he showed me a new watch, and asked me what I thought of it; also a gold Albert, which he had in a box—he was wearing the watch, but not the chain.
Cross-examined by MR. MOODY. Q. You speak of having seen the female prisoners on three different occasions? A. Yes, I said I saw Sullivan and two women at my shop on 19th January, when I was before the Magistrate—the two women were the two female prisoners—I was not positive about it then, but I am now.
Cross-examined by MR. ST. AUBYN. Q. When did you first see the male prisoner? A. On 7th January, when he purchased a hair guard at my place—that was before the robbery took place—the male prisoner was not at my place on 19th January with the females—if I said that before the Magistrate it is a mistake—the female prisoners came alone on the 19th, and bought a locket—he came in with the chain a day or two afterwards—he had not purchased anything of me before 7th January, to my recollection—the price of the hair guard was 6s. 6d.—I do a fair amount of business—a great many persons come in in the course of a week. St. Katherine's Docks are about a mile from my place.
HENRY THOMAS GEARING . I am assistant to Mr. Child, pawnbroker, High Street, Shad well—I produce the watch and chain that has been referred to, and a duplicate of the ticket that was torn up in the dock—it was pawned in the name of Mrs. Branch, on 19th April, for 6l., the watch and chain together—I had seen the two women at my shop on 17th or 18th January—they made two purchases—these are the invoices; one is for 2l., and the other for 3l. 15s.—they were sold to Branch—the articles were sent to 7, Fair Street—the goods were paid for in cash, principally silver money—I think the 3l. 12s. was all in silver—I can't speak for certain, it was so long ago.
Cross-examined by MR. MOODY. Q. Have you been asked where you sent the goods before to-day? A. No—I am speaking from recollection, I made no memorandum.
DANIEL GREGORY COLE . I am clerk in the District Post Office Savings' Bank, Commercial Road, East—this book was issued by me to a person of the name of Mrs. Mary Ann Sullivan, on 18th January; 20l. was paid in there, and 10l. on the 24th—I don't recognize the prisoner—the 20l. was paid in gold and notes, because we should not take silver to that amount—there have been two withdrawals since; but they were not paid by me—I don't know who withdrew.
GEORGE STANCLIFF . I am secretary to the East London Savings' Bank, Commercial Road, East—this book was issued by the bank to Norah Branch and Mary Ann Sullivan, on 29th January—30l. was paid in to me, in gold
—I recognize the female prisoners as the persons who came—four sums have been withdrawn—three of them I paid, myself, to the two women.
Cross-examined by MR. MOODY. Q. Are you quite certain you issued the book to Norah Branch? A. Yes—they were both there when the money was lodged—Branch came alone first, and I told her I could not take the 30l. from her, as she had 30l. in another bank—she came afterwards with Mary Ann Sullivan, and the money was paid in in their joint names.
A. W. MONGER (re-examined). I found a rent book at No. 2, Church Path, and also a receipt for the payment of rent.
THOMAS ARCHDEACON . I am a furniture dealer—Mrs. Sullivan came to my place some time in January, I believe—the first receipt is for an Arabian bedstead, 5l. 17s. 6d., discount, 10s.—the next transation was with Mrs. Branch, about a month afterwards—this is a list of what she purchased; it amounts to 7l. 18s.—the first goods were sent to 256, Cable Street, and the others to Church Path—I don't recollect whether I was paid in gold or notes.
Cross-examined by MR. MOODY. Q. You speak to two transactions? A. Yes—Mrs. Sullivan came with Mrs. Branch on the second occasion—this is the first time I have given evidence.
WILLIAM CARTER . I am assistant to Mr. Petit—these earrings, which have been produced and identified by Mrs. Lazarus, I got from the prisoner Branch—she came with a little girl to sell them, on 8th April, between 5 and 6 o'clock in the evening—I took them in exchange for a cruet—I had seen her before on 2nd February—she then bought a clock for 2l. 17s.—she paid with a 5l. note, and I gave her the difference.
MR. ST. AUBYN called the following witnessed for the Defence.
MARY ANN SHILLETO . I know Mr. and Mrs. Sullivan—Mrs. Sullivan keeps some sewing machines—the little niece that has been spoken of is seven years old—I recollect, some time ago, seeing her give the male prisoner a coin, and asked him to make a hole in it—he took one out of his pocket, with a hole in it, and gave it to her to put round her neck, till he made a hole in the other one—it was a silver coin, something like a florin—it was like this one—I have lived about two years with the prisoners as servant—the little girl lives with them—I saw Mrs. Sullivan make her husband a present of a gold chain, about a year ago—it was before Christmas.
MR. MOODY. Q. How many machines has Mrs. Sullivan got? A. One—she works it herself—I don't work it—she used to have girls to work at one time—she never had more than one machine in use.
Cross-examined by MR. BESLEY. Q. You remain in their service up to the present time? A. Yes—the little girl used to go home to her mother sometimes—the mother never slept in Fair Street—I am quite sure of that—Mrs. Sullivan worked for Coles, Harvey & Co., of Friday Streets—she used to make trowsers and waistcoats—she did not employ anyone to work the machine, she worked it herself.
Daniel Sullivan received a good character.
BRANCH— Eighteen Months' Imprisonment.
MARY ANN SULLIVAN and DANIEL SULLIVAN— Twelve Months' Imprisonment each.
NEW COURT.—Thursday, May 5th, 1870.
Before Mr. Baron Pigott.
MR. COOPER conducted the Prosecution; and MR. KELLY the Defence.
ELIZABETH PARDOE I am the wife of James Pardoe, of 16, Charles Street, Hackney Road—the prisoner lodged with us from August up to Sunday, 3rd April, in the front room down stairs—on Monday, 4th April, I went out about 12.50—the prisoner knocked at the door, and said that he wished to put on a tie, he came in, and went out immediately, and I shot the door after him—I returned about 8.15, and found there had been a fire in the house—I went up stairs and missed my property from drawers and boxes in seven different parts of the house, and things had been broken off the nails and burnt—I missed four packets of farthings from a box which had been broken open, and found a knife broken which it had been wrenched open with—I had seen them safe the previous day—my furniture was not insured—I have not found my wearing apparel—I can swear to all these things produced—the farthings I put up myself, in four packets of six pennyworth each, and the four packets were done up in one.
Cross-examined. Q. I think you had not seen any of the things since the Sunday? A. This neck-chain and seals were worn on the Sunday—I had not seen any of the things since the Sunday afternoon.
ALICE PARDOE . I am the daughter of the last witness—I was called home on Monday afternoon at 4.30, and found there had been a fire, which had been put out—I found there had been a fire in my room at the foot of the bed, which had burnt the bedstead, the mattress, and the bed and bed-curtains—I could not see what the fire had been made of, there were no ashes—the wood was scorched, and I saw no marks of a fire having been on the floor—from what I saw and believe, it began at the corner of the bed—there was a box at the head of my bed, the fire had not been near that—it was shut, but there was no lock upon it—when I opened it I missed a petticoat, a scarf, a shawl, scarlet and black, two chemises, and two night-gowns—I had worn them on the Sunday, and put the shawl and petticoat in the box at night—I went to bed about 11 o'clock—I missed 7s. 6d. from another box on a back shelf in another room.
Cross-examined. Q. At what time did you go out on that Monday morning? A. About 8.30.
SARAH STARCK . I live at 33, Charles Street, opposite Mrs. Pardoe—on the Monday afternoon, when the fire was, I saw the prisoner knock at the door after 2 o'clock, no one answered, and he up with the window and got in—I did not see him leave—I did not continue to watch; I knew he was a lodger.
Cross-examined. Q. Did you see anything of the fire? A. Yes, when the laundress came—that was about 4 o'clock in the afternoon.
ELIZABETH STARCK . I am a sister of the last witness—on the Monday of the fire, about 3 o'clock, I saw the prisoner come out of the street door of Mrs. Pardoe's, which he shut after him—he had a large newspaper parcel with him, about 2ft. long, hanging down at his left side, he turned to the left—it was square, and was tied across and across—I knew him to be a lodger there, that is all—we heard of the fire about 4 o'clock.
April, I was called at 4.6 p.m., and searched Mr. Pardoe'e house, about six or eight minutes after that—I found a great many strangers in the house endeavouring to extinguish the fire, which was burning in the first-floor front room—the bed and bedding were well alight—after that was put out our attention was called to another fire in the first-floor front room—there was no communication with the other fire—it did not appear to be accidental—it was in the bed and bedstead—it was nearly out, some buckets of water had been put upon it, and then there were only a few sparks left—the flooring under the bed was nearly burnt through—it appeared as if the fire had originated in a bucket containing some clay pipes, the bottom of which only remained—I noticed on the ground floor that a piece of flooring, about 2ft from the fire-place, was burnt through—there had been a fire in the grate—the sideboard or dresser was slightly scorched—I do not think it possible that a coal or cinder could have six fire to the places I saw, because the fire appeared to be very low and to have burnt out—the fire down stairs could not have set fire to the place up stairs—the prisoner came there about 6 o'clock, and Miss Pardoe said to him in my presence, "O, Henry, you villain, you have done this"—he said "That's right, blame me; say I have done it, but it has to be proved yet."
Cross-examined. Q. Were a great many people in the house before you arrived? A. Yes; they appeared to have been endeavouring to extinguish it, and had removed the furniture—there was a great deal of smoke about—a good deal of confusion had been created—there had been no fires in the grates up stairs, because there was a sort of partition in the fire-place to keep the draught away—the bed in the front room was burning when we arrived.
JOHN CARNEY (Detective Officer K). About 8 o'clock on this night I went to 16, Charles Street and saw the prisoner—I told him I was a police officer—he said "Do you want me?"—I said "No, not yet; what time did you leave the house?"—he said "About 1 o'clock"—I said "What time did you return?"—he said "About 4 o'clock"—I said "What had you been doing?"—he said "I had been in the City, looking for work"—I asked him what he saw when he came to the house—he said that he saw some smoke issuing, and he asked the woman next door, No. 16, to let him through; that he assisted in putting out the fire as much as ever he could—I apprehended aim in Tooley Street, on Saturday the 9th, and told him he would be charged with setting fire to and robbing the house, 16, Charles Street, Bethnal Green—he made no reply—I asked him to account for where he had been stopping from the night of the fire to the present time, he said that he had been walking the streets—I produce three pieces of burnt wood, the larger piece is from the front room up stairs, and the two smaller pieces from down stairs, the flooring under the bed.
Cross-examined. Q. Did you arrest him in the neighbourhood? A. No; on the other side of the water—I had not been looking for him in the Mean time, but I had been making inquiries and investigating the case—I had no difficulty, when I once made up my mind, to apprehend him.
WILLIAM WITHERS . I am fireman of the salvage corps—I examined these premises and found there had been three separate fires—they certainly could not have originated by accident, they must have been the work of some hand.
Cross-examined. Q. How many days after the fire did you go? A. The same evening, about 4.25.
JAMES ROSS BARBERY . My father keeps a coffee-house at 3, Bethnal Green Road, and the prisoner worked next door—he left a parcel at our house on 4th April, at 4 o'clock, and told me to take care of it—he came for it next day, Tuesday, and took it—I cannot say whether he opened it, but he gave it back to me again—he came again on Thursday and had it, and left it with me again—afterwards, on that very day, I handed it to Carney—it got less and less each time he left it.
Cross-examined. Q. Was he at your place before 4 o'clock? A. It was exactly 4 o'clock when he came, that was the first time I saw him that day—he used our coffee-house as a coffee-shop.
J. CARNEY (re-examined). I received this parcel (produced) from Barbery—it is wrapped up in newspaper, and contains handkerchiefs, scarfs, and four packets of farthings.
The prisoner received a good character.
Five Years' Penal Servitude.
MR. BRINDLEY conducted the Prosection.
CAROLINE BUTTON . I am the wife of John Button, 9, Collingwood Street, Bethnal Green—on Friday evening, 8th April, I was in Commercial Street, Shoreditch, about 7.55, carrying a bundle of linen, containing two window blinds, a night dress, and other articles, worth 19s.—as I passed the top of Keat Court the prisoners came up to me—Thomas struck me on the mouth, Monroe stood in front and took the clothes from me, and Emeway stood by my side, gave me a push and said "Don't halloa, my good woman; I will go and get the clothes if you will come down the next street, it will lead you into Keat Court"—Monroe kicked the clothes out of my hand after I received the blow—Monroe ran down Keat Court—I called "Police!"—a mob came round—three persons came up, one of whom went with me down Keat Court—I gave a description of the men, and saw Thomas and Monroe together at the station, on Monday, the 11th—they were placed with six or seven men, in a row, and I identified them—there was a man very much like Monroe, who I thought was him, but when they said "Right about face," I identified Monroe by his back—I could identify him better by his back than his face, because I saw him running away with the clothes—I saw Emeway on the 24th, at the station; I picked him out from six or seven others—there was a man very much like him at first sight, but I had not got the words out of my mouth when I said "That is the man" I am sure these are the men—I have not seen my bundle since.
Thomas. Q. Am I the one that struck you? A. Yes, on my mouth—I am certain of you, because you were some minutes before you took the clothes away, and the other two men were some minutes talking to me, looking in my face.
Prisoner. On the Friday night I had not done work till 8 o'clock—I worked at Spinks', in Bishopsgate Street.
Monroe. Q. Did you pick out another chap, about 6ft. high, at the station? A. No—the policeman did not say "That one was locked up
with him"—I saw you run away, and identify your legs, because they project out—you are knock-knee'd—your trowsers were not quite full, nor quite tight, and your knees seemed to project in—I also know you by your face—you looked as if you were going to stare me through—I did not tell the Magistrate that you snatched the bundle—I said you kicked it—I was at two Police Courts, Spital Square and Worship Street—you used bad language, and said "Give me them clothes"—I said "No, they belong to me," and you kicked them—I stated the same at Worship Street as I did at Spital Square and here.
Emeway. Q. Can you swear that I was with these two men? A. Yes—you stood and looked in my face—I did not see you talking to them; but you were certainly with Thomas—you pushed me—I did not pick you out directly at the station, I picked out another man first—I know you by your general features, you came up and said "Don't you halloa, my good woman"—the man who I picked out, Crawley, was hardly an inch taller than you—I had scarcely picked him out when I saw you, and said "That is the very man"—the constable did not pick you out for me.
JAMES COWLEY (Policeman H R 29). On Monday night, 11th April, I went to a lodging-house in Flower and Dean Street, with Burrows—as soon as I got in Monroe jumped off a sack, rushed to the fire, and commenced putting coals on—Thomas was sitting on a stool—I went to Monroe and said "Turn round"—after a second he turned round, and I said I should take him for being concerned in stealing some clothes from a lady in Commercial Street, on the 8th—he asked me what night it was—I said "Friday night"—he said "Very well," and I took him to the station—Thomas was taken by Burrows—we placed him with ten or eleven others, the nearest to their size that we could possibly find, and the prosecutrix went to a man very much like Monroe, and about his size, and said "I think this is something like the man"—the inspector said "Right about"—the row turned their backs, and then she identified Monroe by putting her hand on him—on 17th April I saw Emeway in Old Nicholl Street, Shoreditch—I was with Burrows, in plain clothes—as soon as he saw us he got off the pavement and ran away, up a short street, which is no thoroughfare, but which has a public-house at the end, having a thoroughfare through it—this being 4 o'clock on Sunday afternoon the doors were closed, and I met him coming back, as he could not get in—I told him I should take him for being concerned, with two men in custody, in robbing a lady and stealing a bundle of linen—he said "Very well, if I am buffed to, I will stand to it; but I don't know anything about it; I hope you will give me a fair chance; I am not the man that done it"—he said one man we had in custody, named Monroe, he believed was right; but that the other was wrong—I placed him in the station with several others; the prosecutrix looked at him, and was going to point to a man an inch or an inch and a half taller; but when she saw Emeway she said "That is the man who pushed me"—I know the prisoners—I have seen Monroe and Emeway in company frequently—I have seen Thomas before; but not in their company.
Monroe. Q. Was not I sitting there for five minutes, till a young girl said "Put some coke on the fire? A. No, you jumped up directly I went in, and rushed to the fire—Burrows spoke to Thomas, and I spoke to you—you never told me that you went there to see a young chap, to go to work.
Emeway. Q. Was Sunday the first day you saw me since the robbery?
A. No; but I did not take you when I first saw you; I did not know so much as I did afterwards—you walked away from me then.
JOHN BURROWS (Policeman H R 40). I went with Cowley to the lodging-house—I told Thomas the charge—after I got outside he said "I know nothing about it, I believe he is right, I believe Monroe is the man who had the bundle; but I know nothing about it; I hare not been out of the workhouse for three or four days—Monroe was fire or six yards ahead, I don't think he heard that—Thomas was picked out as soon as the prosecutrix entered the station, and there was another man who she said looked very much like the man—the inspector said "Right about face," and then she said "Monroe is the man; but I know him better by his back or his side-face"—the Magistrate gave an order that if Monroe had got witnesses summonses were to be issued—I have seen the prisoners together frequently, and I had seen them together at 36, Flower and Dean Street, the day before this.
Thomas. Q. Have you ever seen me with these two men? A. For the last week before the robbery I have—you said you had been in the work-house the week before, and asked whether I knew Italian Jack, and I said "Yes," and you said "I worked for him."
Emeway. Q. Where did you see me last? A. In Old Norfolk Street—I had seen you before in Aldgate—you walked out of the Court, and there were so many thoroughfares that I could not get at you—I took you, some time ago, on suspicion of a similar affair to this.
SAMUEL RAWLINGS (Policeman). I saw Monroe with this piece of paper in his hand, outside the Worship Street Police Court, as he was going to the van he passed it to a woman standing at the door—I seized her hand, took it from her, and gave it to the inspector, who showed it to the Magistrate.
Monroe. I own I gave that to the young woman. I used to live with her mother, who brought me up. It was asking her to come up and prove where I was. (Read: "Bill—Will you go to 12, Norfolk Street, Cambridge Road. If you ask Gaoler, he will tell you where I live, and send your old woman in to me as I have something to tell you, and you will keep out of the way. They say that I snatched the bundle from her, and the other chap hit her in the mouth, and the others ran away. Tell my mother that if she can get my brother to say I was there all day on Friday up to 12 o'clock at night Tell her that I come up next Tuesday for my witnesses. I have got to go to Newgate for trial now.—William Monroe.")
Thomas's Defence. I am as innocent as a child, and I never saw these two prisoners till I saw Monroe at the station.
Monroe's Defence. I am as innocent as a new born child; I never saw these prisoners before. The woman says I am knock-knee'd, but I am as straight as any chap can be.
Emeway's Defence. I was taken for stealing a watch, and the gentleman picked out a different man altogether. Since that, this policeman has had his eye on me, and when he sees me with a bundle he stops me if anything is lost; this is the second time he has taken me on suspicion. He would not take me himself, but sent his brother to do it. I never saw these men before. I don't suppose there was one honest person round the woman at the time. There are nothing but prostitutes and thieves in Keat Court.
GUILTY —THOMAS* and MONROE*— Eighteen Months' Imprisonment each. EMEWAY— Eighteen Months' Imprisonment.
MR. KILLEY conducted the Prosecution; MR. BOTTOMLEY appeared for Belcher, and MR. BROMBY for Noakes.
HENRY DEATH . I live at 19, Riley Street, Bermondsey—on 29th December last, in consequence of seeing an advertisement in the Clerkenwell News, I went to 19, Havering Street, Commercial Road, and there saw Noakes—he said he had come from Mr. Belcher, as his foreman, to engage me, as he understood the business better; that Belcher wanted a person with 25l. cash security, as the man would have a great deal of responsibility in collecting money, and he asked if I would put down ft half-Crown as a deposit that I would put 25l. down—I gave him a half-Crown and promised to bring 3l. in the afternoon—he told me to go to 149, Back Church Lane—I did so, and there saw both prisoners—I put down the 3l. and Belcher said I was to make up the rest by next Monday morning—he gave me a piece of paper as a receipt for the 3l., I afterwards gave it back upon paying him 2l. more, when he gave me a note of hand for 5l.—I went again on Friday, 31st December, saw Belcher, and said I could not find 25l.; he said he would not be hard upon me, he would give me the 3l. back again if I would pay the expenses for some more advertisements—I said I would—I went again next day, and asked Beloher for my money—he said he would give it me as soon as he got another man—he afterwards said he had got a man, and he would pay me as soon as he could—afterwards, on 17th or 18th January, he came to my house, and said, if I would put down 2l. more I could come to work on Monday as storekeeper, at a salary of 1l. a week—I went to the Stores on the Monday following, and put down 2l.—I did no work, there was none to do; I had to walk about the cellars with my hands behind roe all day—it was a bottled ale store—there was about a cask and a half of ale there—there was no business of any kind going on—I was there a fortnight—he paid me 15s. in that time, 10s. at one time and 5s. at another—I have never been paid back my 5l.—i have applied for it—I signed this agreement on 17th January, after I had paid the 2l.—it must have been about the 10th that he came to my house—(This was an agreement to engage the witness as storekeeper, at 20s. a week)—Belcher signed it—no ale was sold while I was there—some persons came down and had a glass of ale, that was all; they did not pay for it—Belcher said they were going to bottle come ale—he gave me back the half-Crown which I had deposited with Noakes, when I paid the 2l.—I witnessed this document and the prisoners signed it—(This was a memorandum of agreement between the prisoners, dated January 17th, 1870, by which they agreed to share the rent of the cellars between them, Belcher to carry on the ale business on his own account, and Noakes the bottle business)—After I had been there a fortnight and three days Belcher told me to leave; he did not say why—I asked for my wages or my 5l.—he said he would pay me as soon as he got some—he never gave it me—this is the advertisement I answered—(Read: "A young man wanted to manage bottled ale stores; no knowledge required. Wages 25s. a week. Cash security, 25l. Apply personally from 11 to 2 W., 19, Havering Street, Commercial Road.")
Cross-examined by MR. BOTTOMLEY. Q. What day did you first see Belcher? A. On 29th December, the same day I saw the advertisement—I did not know that January was not a month for bottling beer—he said he was going to bottle some and take it down to the races—the receipt for the 3l. did not state that it would be forfeited if I did not pay the 25l.; I said I expected to forfeit it—I tore up that receipt as soon as I got the note of hand for the 5l.—I saw the state of the cellar a fortnight before I put down the 2l.—he said they were going to begin bottling in February—I asked him for my 5l. the very day he said he did not want me any longer, I think that was on a Wednesday, at the end of January—I did not say "I must decline the engagement"—I did expect to forfeit the 3l. after I paid the 2l.—Sergeant Dunaway has the note of hand (Dunaway not called, but said he had not got it)—I don't know that Belcher had been at these stores four years, or that Noakes had been his foreman—I sued Belcher in the County Court for the 5l.
Cross-examined by MR. BROMBY. Q. When you first saw Noakes, did be not tell you he was going to leave Belcher? A. No, I thought there were to be two foremen; I did not know what business they meant to do—I don't believe there are any races in January; I don't know anything about races—Belcher said he hoped they were going to do a good business—I was not told that my 5l. was wanted in order to help them lay in a stock—it was a very large cellar; I don't think there were more than three gross of buttles there—I did not find, that directly I became foreman Noakes left Belcher's employ; he was there all the time—I don't know whether he called himself foreman or not—after I went there the cellar was separated, Noakes taking one half and Belcher the other; they said they were going to carry on business separately; Noakes carried on business as a bottle merchant separately; that had nothing to do with Belcher's business—he had customers, and was really doing business to a considerable extent—my agreement was with Belcher, not with Noakes—I don't think he was there when the agreement was signed—I said nothing to him about my wages not being paid, I did not consider it concerned him at all.
PORTER WILLIAM DUNAWAY (Police Sergeant). I took Belcher into custody on 9th April—I told him he was charged with obtaining 3l. and 2l. from Death, but means of false pretences—he said "Nothing of the kind"—I said "Well, he says you did, to manage some stores, and you know you have nothing of the kind"—he said "Well, what I wanted was a man with 25l. so that I should have been able to get a booth to keep at Epsom races, as I have been in the habit of doing"—I said "Then it was the money you wanted, and not the man"—he said "Yes, it was the money"—I took Noakes into custody on 11th April—I told him he would to charged, with a man named Belcher now in custody, with conspiring together and receiving money from a man named Death, "He says you took a half-crown from him"—he said "Nothing of the kind, I never had half a sixpence"—I took him to the station, and said to him, in Death's presence, "Here is Mr. Death, he says you had a halfcrown"—he at first said he did not, and afterwards he said "Yes, I did have a half-crown as deposit, but I paid it back to Belcher"—he also said "I told Death it was no use his waiting here, there was nothing to do; he would forfeit his money as he had not paid the remainder."
Cross-examined by MR. BOTTOMLEY. Q. How long have you known Belcher? A. Some years—I apprehended him at his own house, 69, Martha Street, Stepney.
MR. BROMBY, for Noakes, called the following witnesses;
WILLIAM SMITH SCROGGY . I am a bottled beer merchant, at 327, Wapping—I have known Noakes a number of years, he used to supply me with champagne bottles—some time ago I had transactions with Belcher, and then I understood they had separated, and Belcher was in the beer trade, and Noakes in the bottle trade—at one time Noakes acted as a sort of foreman to Belcher, that was in December and January, that was in Back-church Lane, I don't know the exact number—Belcher supplied me with bottles at one time, from August to September, 1869, then he transferred the business to Noakes—I know he has been in the habit of supplying beer at the races—I believe he had a van and sold it on the course—I suppose the racing season commences in May—I have no doubt I have paid money to Noakes, on behalf of Belcher—I have paid him 100l. in small sums, from 2l. to 10l.—they have had these cellars for about seven years—I have trusted them with 5l. or 10l. at a time, to go to market—I always found them honest and industrious.
Cross-examined. Q. What quantity of beer have you seen in the cellar? A. About fifteen or twenty barrels, it depends on the season of the year.
NOT GUILTY .
BELCHER was subsequently charged on another indictment for obtaining 5l. from Henry Death by false pretences, upon which, no evidence being offered, he was acquitted.
OLD COURT.—Thursday May 5th, and Friday, May 6th, 1870.
Before Mr. Justice Byles.
MR. MORGAN THOMAS conducted the Prosecution; and MR. SLEIGH the Defence.
GUILTY — Seven Years' Penal Servitude.
MESSRS. METCALFE and F. H. LEWIS conducted the Prosecution; MR. HARRIS defended Solomon, and MR. WOOD defended Ward.
GEORGE BUTLER . I am a commercial traveller—I know the prisoners—their real names are John Joseph Solomon, and Charles Ward—in February, 1869, I was engaged by Solomon as managing clerk—he said he was doing a very extensive business and he wanted a person like myself to conduct it for him, and he would guarantee me 3l. a week, and perhaps it might be 4l.—the office was at 90, Lower Thames Street, and consisted of two rooms on the third floor—the name of Dickson, Wilson & Co., was painted on the tablets at the door, and also on the staircase—I understood Solomon to represent Dickson, Wilson & Co.—I never saw anyone else to represent them—about the end of March, or the beginning of April, 1869, Solomon told me to engage a painter and have the name of Dickson, Wilson & Co., painted out, and substitute D. McFarlane & Co., which was done—"Donald McFarlane & Co." was put on the door, and also on the staircase, and "D. McFarlane & Co., Melbourne," on the tablets at the hall door—in May, 1869, Solomon told me he had given Mr. March an order for some wheels for shipping, and that Mr. March was the agent for the Wheel and Waggon and Coker Canvas Company, of Somerset—I recollect a letter coming from Mr. March, and subsequently I wrote this letter at Solomon's dictation—(Read:
"12th May, 1869. Dear Sir,—We are in receipt of your favour; I hand you in reply, references; Messrs. Cubitt & Colin, 36, Parliament Street, and Ward & Co., 247, High Street, Borough. D. McFarlane & Co.")—Properly speaking, there was no such firm as Cubitt & Colin—Solomon was Cubitt, and Wilson was Colin—Colin was one of the Christian names of Wilson, his name was Robert Colin Wilson—this letter signed "Cubitt, Colin & Co." purports to be written from 36, Parliament Street—I saw that letter written at Solomon's office, 90, Lower Thames Street, by a person named Flatteau—it was written in draft by Solomon, and copied by Flatteas—he was employed at 36, Parliament Street—(Read: "18th May, 1869, Mr. March, Sir,—We must apologize for not replying to yours of the 12th instant, ere this, the same having been mislaid; in reply, we beg to say that the firm in question had been established for some years in the Australian trade, and is generally considered to be respectable and of good standing. We are, yours respectfully, per Cubitt & Colin. M. T,")—This letter of 14th May, purporting to come from Ward & Co., I apprehend was written from the Borough—the signature is Ward's—I have seen Ward at 90, Lower Thames Street, on two or three occasions—(Read: "14th May, 1869. Mr. W. March, 25, Cecil Street, Manchester. Sir,—We in in receipt yours of yesterday's date, and in reply we beg to inform you that we consider Messrs. McFarlane & Co. highly respectable, and the business we have done with them has been to our entire satisfaction. We are, sir, yours respectfully, Ward & Co.")—No trade was ever done between Ward & Co. and McFarlane & Co., while I was there—Mr. March called it 90, Lower Thames Street, about the latter part of July, after the wheels had been supplied—he said he had called for the settlement of his account—Solomon said that in consequence of the delay in the execution of the order he had missed shipping them in time, and asked him if he would draw a bill on the firm—Mr. March objected at first—Solomon said he ought not to object to draw a bill when the references had been so satisfactory, and he consented to do so—I recollect this bill coming to the office, drawn upon McFarlane & Co., by the West of England Engineering and Coker Canvas Company, to whom Mr. March was the London agent—(This was a bill of exchange for 217l. 16s., dated July 29th, 1869, at four months' date, and accepted by D. McFarlane & Co.)—I accepted the bill and wrote D. McFarlane & Co., by the direction of Solomon—I objected to do it as I did not want to have anything to do with accepting the bill, but Solomon said it did not make any difference, he did not want his name to be seen, he would pay it when it became due, and he was the party that was liable and not me—I never saw Mr. D. McFarlane, there was no such person, and Solomon told me so—he tried to get advances on the bills of lading for the wheels in London, after they were shipped.
Cross-examined by MR. HARRIS. Q. What are you? A. A traveller—I travel for myself, in the wine and spirit trade—I live at Princes Street, Barbican—I don't require a place of business, because I carry my samples with me—I was brought up to the wine and spirit trade—I keep no books—the parties concerned do that, as I get the orders—I make memorandas—I have taken orders from Messrs. Moet & Halstead, in Sussex—I was in the employ of Solomon before I was a traveller—I was in his employment from the latter end of February till the middle of November last—I was an accountant before, keeping books fur a party at the West End—I was there, I daresay, twelve months—I have twelve houses and a public-house it
Aldershot—I bought the carcasses—I have finished two of them and the public-house—I know Messrs. Chatton & Co.—I had no lead pipes from them—I never did business with them in my life—I had an account with Mr. Laidlaw, for gas fittings—Solomon ran up a bill of 41l. 14s. 10d. in my name; but not at my request at all—he was living down on my property, at Aldershot, at one of the houses—he represented that they were very materially wanted for the house, when they were not—I gave consent, and he ordered them from Laidlaw—I very seldom went down there—I saw Mr. March in July—he spoke to Solomon; he did not address me—I was never at Parliament Street—curiosity took me there, and I saw the name painted up, and the housekeeper told me that Cubitt & Colin had offices there—I never paid any rent for the room at Lower Thames Street—I have had proceedings taken against me by Solomon—he made a bill of 94l. out against me—he wanted to get an attachment against my property—he instituted proceedings in a fraudulent manner—I left in November—I consider it not safe to be in such a place, there was so much unfair dealing—I did not find that out till within a month before I left—I can't say how many bills I have accepted on the part of McFarlane & Co.—that was done by Solomon's direction.
Cross-examined by MR. WOOD. Q. You were there from February to November? A. Yes—I never got any 3l. a week, I wish I had—I got money in driblets—on one occasion I got 10s., because I threatened to go away if I did not have money—I got 15l. altogether, for the nine months; I ought to have had 120l.—I was set up with the promise that I should get it all at once—I began to suspect I should not get my wages, about the beginning of September—I took the Business to be all genuine—in May, 1869, there was every appearance of business being conducted in a proper way, for aught I knew—it was shipping business—there were no shipments between February and June—the first was the shipment of the wheels in August—business was conducted in the usual way, as far as writing letters was concerned—there were two rooms—sometimes I was in the private room; but more often in the outer office—Solomon always sat in the private office—I think I saw Ward there twice—I believe Solomon had been at that place six or seven years before I went there, sometimes under one name, and sometimes under another—before I went there was Kennard & Co. and Dickson, Wilson & Co.—Ward & Co. were not in business at that time.
WILLIAM MARCH . I am a merchant, and reside at 59, Doughty Street, Mccklenburgh Square, and am agent for the West of England Engineering and Coker Canvas Company—in May I received an order from D. McFarlane & Co., of 90, Lower Thames Street—that order has been lost—it was for twenty-four pairs of wheels, for shipment to Melbourne—I knew of the existence of a firm of McFarlane & Co., of Upper Thames Street—upon the receipt of the order I wrote the letter which has been put in, asking for references, and in answer received the letter of 12th May, in consequence of which I wrote to Cubitt & Colin, 36, Parliament Street, and also to Ward & Co., 247, High Street, Borough"! received an answer from Ward & Co. on 14th May, and from Cubitt & Colin on 18th, on the faith of those references I supplied the wheels, and on the faith of the name of McFarlane & Co., who I considered was the McFarlane & Co. of Upper Thames Street—the goods amounted to 217l. 16s.—the company were some time executing the order, and after the goods were delivered I called at 90, Lower Thames Street—I saw Butler and Solomon—Solomon said that in
consequence of the long delay in executing the order, they were not shipped as soon as expected; and as he had not received his remittances from Melbourne, be must beg me to draw upon him for the amount of the wheels—I am first demurred, but subsequently I agreed to do it—I sent the bill to him, and it came back accepted, as it is now—the bill was dishonoured when it became due, early in December—about two days after it became due I went to the address of Ward & Co., in the Borough—there was no name up, and I found no one answering to the name of Ward—I then went to Parliament Street—I could not find Cubit & Colin—there was no sign of any firm of that name—I afterwards saw Solomon, and he told me that Butler was partner in the concern, and he was possessed of property, and that if a writ was issued he would serve it upon him, and by that means I should recover—I sent the writ to Solomon for service—this is it (produced)
Cross-examined by MR. HARRIS. Q. Your dealings were with Butler, were they not? A. No, with Solomon—I sold the wheels to him as McFarlane & Co.—Solomon told me, after the bill was dishonoured, that he was a clerk in the employ of McFarlane & Co., and that Butler was one of the principals—when I went to 90, Lower Thames Street for the money, I found it was not the McFarlane I knew in Upper Thames Street—the goods were gone then—the order was sent six weeks before the goods were delivered—I offered Solomon a commission if he could sell some more wheels—not Solomon himself, but McFarlane & Co.—Butler was in the office, which was marked "Private," with Solomon—I offered them commission, if they could sell more wheels—that was when I called the first time—Solomon said the goods had been sent to Australia, and wanted me to draw a bill—it was not Butler—I offered a commission to Solomon, if he could get the dishonoured bill paid—Butler did not agree to pay cash for the second lot of goods.
Cross-examined by MR. WOOD. Q. When was it you went down to look after Ward & Co.? A. In December, last year—I did not ascertain that there had been such a firm, and they had become bankrupt—I heard there was a firm of that name—I never heard that Mr. Kevenhoven was his partner, and that he bad become bankrupt—Solomon appeared as if he was doing business.
CHARLES GREGORY WADE . I am one of the firm of Boucher & Co., of 128, Leadenhall Street—Solomon came to the office about two months ago—I found him talking to my cashier, in a very excited state; he kept saying "What is it you want? I will pay you; but I want to know why you are hunting me?"—I waited some time; at length I said "What is all this about, who is this person?"—my cashier said "This is Mr. Solomon"—I said "Oh, you are Mr. Solomon, alias McFarlane, alias Wilson, Dickson & Co., alias Kennard & Co.; to which name have I the honour of speaking?"—he said nothing—I bad a conversation with him, and he said "I have a sad unprincipled scoundrel for a partner, named Butler"—I sent one of my men out for a policeman, to detain him.
HENRY JAMES JENNINGS . I am clerk to Messrs. Hart & Pollock, solicitors, Lincoln's Inn Fields, solicitors to the Bishop's Waltham Clay Company, and also to the Rugby Portland Cement Works—I produce a letter dated 5th October, 1869, from McFarlane & Co., 90, Lower Thames Street, asking for quotations of prices for barrels of cement, and also a letter of 7th October, accepting the offer of 2000 barrels of Portland cement, and signed "D. McFarlane & Co.—I also received a letter on 13th October and 20th October, and on the 28th this letter was handed to me by the company,
in my instructions—it is chiefly to the effect that only 100 casks of cement have as yet been received, and urging us to see to the immediate shipment of the remainder—no further casks were sent, by my advice, and an action was brought by the prisoner for their non-delivery—I was instructed to defend that—I have the writ here; it is dated 6th January, 1870—they are described as Donald McFarlane, trading as D. McFarlane & Co.—I have also some letters from Cubitt & Colin, with reference to the Bishop's Waltham Clay Company—McFarlane & Co. were supplied with bricks to the amount of 25l. or 26l.—we have received nothing at all.
GEORGE BUTLER (re-examined). I have seen these letters signed McFarlane & Co.—the one on 28th October is in my writing—these two are in the writing of a young man named Schmidt, a junior clerk—I wrote the letter of 28th October, at Solomon's dictation—I believe the letters of Cubitt & Colin are in the handwriting of Mr. Flatteau, clerk to Solomon, but I had nothing to do with the firm then.
MR. WOOD. Q. How many letters are there from McFarlane & Co? A. Nine, I think—only one is in my writing—three of the others were under ray cognisance, the others were not.
SAMUEL PHILLIPS . I live at 18, Bloomsbury Square, and I carried on business in Noble Street—on 6th May, 1869, I received this order from Ward & Co., general shipping agents, 247, High Street, Borough, giving a small order for shirts, and stating that Mr. Ward would call the next day—I don't recollect what took place between that date and the 12th—on the 12th I received this memorandum. "Reference D. McFarlane, 90, Lower Thames Street, E.C. Terms—Goods to be delivered before 12 on Friday 14th. Cash, 10l. to be paid on delivery, and the balance by acceptance due July 4th"—Ward called that same afternoon, I think, or the afternoon following, to know whether I had called on McFarlane & Co.—I said I had, but I could not receive them as a reference—he said they had been in business for years, and were highly respectable—I did not execute the order—there is a large firm of McFarlane & Co. in Upper Thames Street, not very far off.
Cross-examined by MR. HARRIS. Q. That is not D. McFarlane, is it? A. I can't say.
Cross-examined by MR. HARRIS. Q. When this reference was given to you, you took it to be the great McFarlane? A. Yes—I called on the great McFarlane first, and found he was not the man; and when I went to 90, Lower Thames Street, I found he was on the third floor—I saw a foreign looking man there—he seemed to be a German—he was presented as the rich partner—he had very little to say.
JOHN BLANCHARD . I am housekeeper at 90, Lower Thames Street—I have known Solomon five or six years—I let the rooms originally, on the third floor, to a person named Kennard, about five years ago—he remained some few months, and then the name of Donald McFarlane was put up—I saw Solomon there then—I don't remember anyone else—the name was afterwards altered to Dickson, Wilson & Co.—a Mr. Wilson was there and Solomon—I never saw a Mr. Dickson—they occupied the same rooms—after that "Donald McFarlane, of Melbourne" was painted on the tablet outside the office, and "D. McFarlane & Co." on the door—I never saw any person named McFarlane—I knew the prisoner as Solomon—he paid me.
Cross-examined by MR. HARRIS. Q. Did you see a gentleman named
Butler? A. Very frequently—I understood he was the manager of the firm of D. McFarlane & Co—he was there for nine or ten months—believe the name of Dickson & Wilson remained under the name of McFarlane & Co.
Cross-examined by MR. WOOD. Q. How long was Kennard there? A. I should say twelve months, and then McFarlane & Co. was put up—that is there now—it was Dickson, Wilson & Co. afterwards, and then McFarlane again.
ROBERT HUNT . I live at 247, High Street Borough, and am clerk to Messrs Pattenden & Smith—in April, 1869, I let the ground floor to the prisoner Ward at 130l. a year—the reference he gave was Charles Hall, colonial broker—I don't know the name of the street, but it was leading out of Thames Street—he occupied the place till 7th August, 1869—the name of Ward & Co. was painted over the door—I distrained for rent and got nothing—there were no goods of any kind there—I did not see Mr. Ward again till I saw him at the Mansion House.
Cross-examined by MR. WOOD. Q. Did you see anyone with Ward, a man named Kevenhoven, a Dutchman? A. He came with Ward at the time he hired the place, and represented himself as Ward's partner—he took the place with Ward—they represented themselves as fruit and potatoe merchants—I heard that Ward went to Jersey on business; he was away for a month—Kevenhoven represented himself as a person of property—I called on Mr. Hall and got the reference—I did not take him on the strength of that; he gave me another one, and I took him on the strength of that—I don't know that Kevenhoven has become bankrupt—I put the brokers in in the early part of August.
EDWARD FUNNELL (City Detective Sergeant). I took Solomon on 5th April—I told him I held a warrant for his apprehension—he said "I expected something of that sort"—I read it to him, and took him to the station—I searched him, and found 7 1/2 a bunch of keys, eleven duplicates, and the writ which bad been left for him to serve on Butler, and two copies of letters addressed to Dickson, Wilson & Co., some letters addressed to D. McFarlane & Co., and business cards of McFarlane & Co.—in an iron safe at 90, Lower Thames Street, I found about 174 foreign bills—some of them are signed—they are in different languages and different countries—I found no trade books, ledgers, or anything of that kind—I have some letters of Cubitt & Colin, and also some referring to Ward & Co., lithographed forms—I found press copies of letters—there is a copy of Cubitt & Colin's letter addressed to Mr. March.
Cross-examined by MR. HARRIS. Q. Where did you get the key of the safe? A. From the housekeeper—I don't think I said, before the Magistrate, that Solomon said "I expected something of that," but that is what he did say—I have been in the force thirty years—I did not keep it back for any purpose—he also said "Butler has done this for me"—the press copy of the letter purporting to come from Cubitt & Co., I found in the iron safe at 90, Lower Thames Street—I also found this letter, purporting to be written by McFarlane & Co., giving reference to Ward & Co., and these letters of 27th and 28th May (These were also letters of reference.)—I can't say how many letters I found in the safe, there were hundreds of letters of all dates.
SOLOMON— GUILTY — Twelve Months' Imprisonment.
WARD— GUILTY — Four Months' Imprisonment.
There was another indictment against the prisoners.
NEW COURT.—Friday, May 6th, 1870.
Before Mr. Recorder,
MR. MEAD conducted the Prosecution; and MR. LILLEY the Defence.
WILLIAM JENKINS . I am getting on for eleven years old, and live at 1, Crown Court—on Monday the prisoner met me and said "Will you fight me now?"—I said "No;" and then William Tison hit me on the head—they ran after me again and said "Set this on fire"—I said "No, I shall get locked up—the prisoner threw a fusee into the cart and set the straw alight, and it burnt—I met a waterman and told him.
Cross-examined. Q. Had you known the prisoner before? A. Yes; I used to see him go out with newspapers, he has not lived there more than two or three months—I have not known him all that time, but he said, more than a week or two ago, "I live round here"—I have not played with him—he spoke first, and said "Will you fight me," but I had seen him the same morning and he was on to me—I considered that he was onto me again this time—Tison is a little boy—we did not play or fight together—this cart was going along—I do not smoke—I never saw the prisoner or Tison with a pipe—by a fusee, I mean a lucifer match—it was not lying on the ground, he took a box out of his pocket and lighted it on the box—he did not throw it over his shoulder, he did it for the purpose—he did not throw it in the air, he threw it as you throw stones—his face was up again the Straw, the driver was on the shafts close by.
WILLIAM TISON .—I am eight years old, I live at 7, Crown Court—On the Monday afternoon I saw the prisoner strike a match on the box and throw it on the straw—it all caught light, and he ran away—I heard him ask Jenkins if he would fight him, and also to light the straw.
Cross-examined. Q. How long were you and Jenkins and the prisoner together? A. Most half an hour—we were not playing, but walking along in company—he was talking to Jenkins, not to me, I was the littler boy—I was a long way off and could not hear what was said between Jenkins and the prisoner—they did not play—the curt was going along the road and a man was driving; it was a long time before we got up to it—I did not see any match or fusee on the ground, the prisoner had them in his pocket—he showed me one and lighted it on the match box—he was as near to the cart when he threw it as you are to the Jury, and the man was riding on the shaft—it was thrown at the back of the cart.
ROBERT MARSH . I am carman to James Josephs, of High Street, Whitechapel—I was in Norton Folgate, driving a van, loaded with four trusses of straw—the beadle of Spital Square spoke to me, I stopped my horses and saw the straw on fire—it was consumed, and it burnt the van entirely up.
CHARLES BRIDGMAN (Policeman H 145). Jenkins pointed out the prisoner, and I took him—he said "I picked up a half-lighted fusee on the pavement and threw it into the straw, but did not do it on purpose."
The Prisoner's Statement before the Magistrats; "I said I picked up a fuses and lit it, and chucked it over my shoulder; I did not see the van coming, and it fell on the straw."
The prisoner's mother gave him a good character.
NOT GUILTY .
MR. MEAD conducted the Prosecution.
SARAH SAMUELS . I live at 2, Middlesex Street—on Sunday evening, 25th April, between 7 and 8 o'clock, I was with two friends, in High Street, Whitechapel—the prisoner came up, got hold of me by my throat and chain, and put his knuckles into my throat, so that I could hardly speak—I called "Police!" and "Murder!" and so did my friends, and the police took the prisoner—he hurt me very much—my chain did not give way as the prisoner ran away, when he saw the mob—I lost sight of him; but saw him again in three minutes, and am certain of him.
AMELIA JACOBS . I was with Miss Samuels—the prisoner came out of Black Horse Yard, and caught hold of her chain—we called "Murder!" and he ran up the court with two men—he had the chain in his hand; but did not get it away—I am certain the prisoner is the man—I did not know him before.
WILLIAM WRIGHT (City Policeman 874). On Sunday evening, 24th April, I was in Aldgate, watching, and at a few minutes past 8 o'clock I saw the prisoner, and two men not in custody, together—I watched them three quarters of an hour; they walked backwards and forwards, and at about 8.45 I saw the prisoner lay hold of the prosecutrix's watch chain—he had his right hand to her neck, and pressed his knuckles into it—her friend cried "Murder!" and "Police!" and they ran away—I caught the prisoner a few yards from the prosecutrix, and took him to the station—only an old knife was found on him—he gave his address 10, Dorset Street, Spitalfields, where I found his mother and step-father.
Prisoner's Defence. I was sitting down in Black Horse Yard at the time these two chaps came by. One of them made a snatch at the chain, and I heard them scream "Murder!" I ran out to see, and that gentleman caught me. There was no crowd at all.
He was further charged with having been convicted at this Court, in 1869, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude.
THIRD COURT—Friday, May 6th, 1870.
Before Mr. Common Serjeant.
CHARLES JOHNSON PLEADED GUILTY ,** and also to having been before convicted in May, 1867— Ten Years' Penal Servitude.
MR. MOODY conducted the Prosecution.
ABRAHAM SMITH . I live at 8, Osborne Place, Whitechapel—about 11 o'clock, on 8th April, I saw the male prisoner on the stairs struggling with Catherine Sweeney and Laura Sweeney—he bad two bundles with him containing property belonging to me, which I had seen safe between 5 and 6 o'clock—there were also two other bundles lying in the passage—the goods were worth about 12l.—a policeman came and took the man to the station—when we went out with him the female prisoner pushed across to him, trying to speak to him, after he was in custody—she was close to the door when we came out.
CATHERINE SWEENEY . I work for the last witness—on the night of 8th April I was coming up the kitchen stain, and saw the male prisoner coming down with two bundles, from the second floor—I asked him what he wanted—he said "All right, don't make a noise"—I caught hold of him—he kicked me—I screamed for assistance; my sister came, and Mr. Smith, and he was taken into custody—I had seen the female prisoner before this,—I standing outside—as we were going along to the police-station she pushed me asked her what she pushed me for, and she told me to go back and mind my own business—she was talking to the man when he was in custody till they got as far as the station-house—she was not in custody then she gave him 2s.—I did not hear him ask for it.
LAURA SWEENY . I am sister of the last witness—I heard her scream, and went to the stairs where she was struggling with the male prisoner—I went to her assistance—the prisoner kicked me in the chest, and I felt very bad all the week afterwards—he put his hands round my neck, and tried to choke me—we were down on the floor—I was very much hurt—my master came up, and he was given into custody—I saw the woman outside the door; she pushed up against me—the policeman told her to go about her business—she accompanied us to the station—she was jawing all the way along.
MATILDA SMITH . I am the prosecutor's daughter—I returned to the house about 10.50—I shut the door when I went in—no one went out or came in after that—I heard a screaming, and ran up—when I went outside the door I saw the female prisoner; she pushed up against me—I said "Don't push"—she said "I will if I like"—she went to the police-station.
JAMES NORTHCOTE (Policeman H 187). I heard a noise in the passage of this house—the door was ajar, and I went in and took the man into custody—when we got outside, the female came across the road and went up to the male prisoner—I told her to keep away—the man said "Have not I a right to speak to my own wife"—he said to her "Give me 2s.," and she did so—when I got the man to the station I took the woman into custody—the charge was read over to them, and they made no answer—I did not know them before—they gave a false address, and I could find out nothing about them.
EMMA JOHNSON— GUILTY — Twelve Month's Imprisonment.
MR. PATER conducted the Prosecution.
LOUIS JONAS . I carry on business, as a flour factor, at 50, Mark Lane—the prisoner was employed by me, as traveller on commission; he was allowed 1s. per sack commission—he had no authority to receive money from customers; he was told never to receive it—he has been in my service since September—on 25th March I sent five sacks of flour to Mr. Powell; he was a new customer—the amount of the invoice was 9l. 9s.—I have not received that money.
Prisoner. Q. Provided that I had sent you the money on Thursday morning, with a request to send a printed receipt on to Mr. Powell, would you have kept the money then, or would you have returned it? A. If you had sent the money, I should have taken it as if from Mr. Powell—Mr. Powell is still responsible for the debt.
Row, Bermondsey—in the month of March the prisoner called on me with samples of flour, and five sack were afterwards brought by a carman—I afterwards received this invoice, of five sacks supplied by Mr. Jonas—after the flour had been delivered about an hour, the prisoner called—I asked him if he had come for the money for the flour—he said he would be obliged to me if I could pay him part of the money that morning, as he was short of cash—I paid him 2l.—I gave him a piece of paper, and he wrote a receipt—he said he would call on Monday for the remainder, and give me a proper receipt—he called and receipted the bill, and I paid him 7l. 9s., the balance; the first receipt was then torn up—he called while they were delivering the flour, and asked how it suited—I said they were just fetching it in, and we had not tried it—he gave me 2s. 6d. discount—I did not know, at that time, whether he was principal or agent—he called about a week after I paid him the money, and asked if we wanted any more flour—I said "No"—he then said he had not paid in the money, and if anyone should call from the office, not to take any notice—he gave no reason for that.
Prisoner. Q. Did I not say I had not paid in the money, and that I would either pay it in the next day, or that day? A. Yes.
DONALD DUNBAR . I am a refreshment-house keeper and confectioner, at 25, Castle Street, Falcon Square—about a month ago the prisoner came to me, and I gave him an order for two sacks of flour—they were delivered on 18th April, and I paid him 3l. 14s. and he gave me this receipt—it is signed by the prisoner, pro L. Jonas & Co.
Prisoner. Q. What did I say when I came for the money? A. You said that a clerk had assaulted you in the office, and you wanted to go to a solicitor that day, and you wanted the money to go to the solicitor with—you said you were afraid to go to the office because of the assault which had been committed by Jonas' clerk.
JOHN HAWKES (City Detective). I apprehended the prisoner at Devonshire Terrace, Peokham, about 9.30, on last Friday morning—I told him I should take him for obtaining 9l. 9s. from Mrs. Powell, on behalf of his employer, Mr. Jones, of Mark Lane—he said he had received it, and signed for it, and intended to pay it in; he could make it all right—I took him to the station—while the charge was being entered he wished Mr. Jonas to withhold it a short time, till he could send for the money, but Mr. Jonas declined.
The prisoner, in his defence, stated that he was going to pay the money in when he was taken; that he kept the money back intending to pay it in, but not with any intent to defraud.
Four Months' Imprisonment.
Before Mr. Baron Pigott.
ELIZABETH ABBOTT . I live at 24, London Street, Stepney—the deceased was my father, he was a ballast getter, in the employ of the Trinity Corporation and was 54 years old—the last time I saw him alive was between 10 and 11 o'clock on the night of 22nd March—he was to leave at 5.30
next morning, to go down for some coals on a lighter—I heard the following morning that he was drowned—I saw hit dead body, and knew it by a medal which he used to keep in his pocket.
JOSEPH THOMAS JEFFREYS . I am a lighterman, of 16, Stevenson Street, Canning Town—on Saturday, 16th April, I found the deceased's body, floating up with the tide, about 120 yards from the Victoria Docks—I secured it, and informed the police.
RICHARD BURKE . I am a bargeman, of 53, Blue Anchor Cottages, West Ham—I saw the deceased on 16th April, and found on him a medal and purse—on 25th March I was on Victoria Dock Pier Head from 6.30 to 8.30—a fog came on about 7 o'clock, and lasted till about 7.45—you could see sixty yards away from you, but not further—I was a milt and a half from where the vessel was run down.
Cross-examined. Q. Do you know the prisoner? A. Yes, twelve years; he is a very steady, careful man, and managed his steamboats with all due care—he has been six yean employed in taking colliers down the river, and his father did so before him—I never heard of his having an accident—it was very hazy that morning—there was no wind, you could carry a candle in your hand.
JAMES BRENNAN . I was the boy of the Trinity lighter, and knew the deceased—I bad slept on board this night; we were moving all night, it was a flood tide—we had been four and a half hours under weigh—we came from Graysness Point, we had loaded at Crayfordness, and were coming up to London with ballast—when we got to Woolwich Reach it came on foggy, my father was at the tiller—I do not know where Abbott was standing; I had just hauled up the sail, according to my father's orders—it had been in use, but I had just taken it off—while I was coiling the rope, standing in the hold, there was a collision, a fearful crash—I saw a steamboat and was knocked insensible—the lighter sank, and Abbott and my father were drowned—I was thrown into the water, and when I came to the top I saw a plank, grasped it, and saved my life—this was between 7 and 8 o'clock in the morning—it was daylight, but the fog came on thick before the collision, so that we could not see the lighter's length ahead of is—we could not see either shore, right or left—this was just off Charlton, immediately below Victoria Docks—we were in mid-stream just before the fog came on, and the tide was running up, that was our proper course—I cannot tell whether she had altered her course when she was struck.
Cross-examined. Q. I suppose the steamer stopped at once, after the accident? A. Yes; I was picked up by one of the steamer's boats—we were fully loaded with ballast, sixty tons is a full load; more than a foot of the lighter is out of the water when fully loaded—there is only one most, the sail was rolled round it—we took the soil down because there was no wind, and we had no use for it—the fog came on about half an hour before we were struck—it came on gradually, but all at once it got very thick suddenly—we had no fog-horn, or whistle—we had one light on board to put up when we are at anchor, that was not put up—Abbott had not gone down to get his breakfast after the sail was fastened up, we had no grub at all in the lighter—I am sure he was not below, because I left him ten minutes before that, and whether he went forward, or stood in the sheets, I do not know—he could have gone down without passing me—my father had not left the tiller, I saw him there just before the collision, and when I was picked up my father's cap was picked up with me, and the lighter's boat did not sink
—if I have said that Abbott and my father were down below, I was not in my proper senses, and I do not remember saying so—I was examined at both inquests—I believe the defendant was examined on both occasions, but I was only in the room at one inquest while I gave evidence—I only saw him at Abbott's inquest.
JAMES BARMISTER . I have been a lighterman for twenty years—on Friday morning, 25th March, I was in a sailing barge, at anchor, just by where the accident happened, 200 or 250 yards to southward—I saw the Trinity lighter, from ten to fifteen minutes before the accident, driving up nearly abreast of where my barge was lying, very slowly indeed, as it was nearly slack tide—it was 7 o'clock, or a little after—I was standing in my barge scuttle, smoking a pipe—there was no fog on the south shore, where I lay—a fog was rising from the north shore, and driving from the north side, towards the south—the deceased's lighter was nearly in mid-channel—it was hazy in mid-channel; but there was no fog, it had not got so far then—there was no wind—the lighter was in her right position; her head was to the southward—I saw the screw coming down above Hook's Ness Point—that is about 200 yards from where I was lying—when she was about two lighter's lengths I heard them sing out on the steamer "shard-a-starboard!"—the screw might be two or three steamer's lengths from the lighter—she was going very fast, from seven to eight knots an hour, it appeared to me—that would be very fast—I was about 150 or 200 yards from her when I heard that, and could see her plainly—a very few seconds after that she went in collision with the lighter, and nearly over it—I could hear the report of the collision quite plain, and the lighter went under the water directly—the fog then came over from the north shore, and I could fee no more; but I heard the screw let go her anchor—the fog came over like a black smoke at the moment she struck the lighter, and I could see no more—the fog cleared off at high water, about an hour afterwards—I could then only see the top of the lighter's mast—I saw one piece of her floating, when I went away in my barge—I do not understand the speed of steam-boats, and am not a good judge of it; but it was impossible for the lighter to have got away—she was struck on the starboard quarter—I could not see anybody on board her.
Cross-examined. Q. Could you see the north shore just before the collision? A. No, it was foggy over the north shore all the morning; it had been what they call patchy; that means coming on thick, going on way suddenly, and thick again—I could see on the south shore—there was not so much fog there as on the north—almost momentarily after the collision I heard the anchor go—I could not see the boat put off; but I heard them lower it from the screw directly after the collision.
THOMAS CASTER . I am surveyor to the Trinity House—on 1st April, after the lighter was raised, I made a survey of her—she was then ashore for repairs—she had been afloat eleven years—she was in first-rate condition before the accident—the mast was broken in two pieces, and there was an opening of 7ft. on the starboard side aft—the whole of the planks outside were cut down to within 3ft. of the keel—the ship's bow had gone across her, cutting the deck asunder, breaking the beams and carlines, and breaking the sheer straight and gunwale, on the port side—a speed of seven or eight knots would cause that—the lighter was literally still—it would
take more to knock her under, with all that ballast she would not fall away—I am supposing the steamer to be empty—if the men had been in the lighter cabin their bodies would have been literally smashed, because the cabin is so small, that the bow of the steamer went right into it, and likewise the planks.
Cross-examined. Q. Have you examined the bow of the steamer? A. No; but no doubt it is comparatively sharp, it nearly out the lighter in two—seven or eight knots is only my judgment—she is a prodigiously strong ship, and I have had fifty years' experience in these matters.
WILLIAM LEVETT . I live at North Shields, and am captain of the screw steamer Boston, 446 tons—on 25th March, about 7 o'clock, a.m., we were abreast of the Lord Derrick, and going from three to four knots.
COURT. Q. Are you sure that that was your utmost speed? A. Yes; we had been twenty-three or twenty-five minutes coming a mile—there was a thick fog, and we did not see the lighter a minute or a minute and a half before the chief officer reported her—he was on the look out on the fore-castle, and we saw the lighter's mast on the starboard bow—we had to star-board the helm, and stop the engines; the mate then reported that we should not clear the lighter, and we reversed the engines full speed.
NOT GUILTY .
MR. RIBTON conducted the Prosection; and MR. MONTAGU WILLIAMS the Defence. GUILTY — Eighteen Month Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. PLATT conducted the Prosecution.
EDMUND THOMAS . I am a sailor—at the time this happened I was living at the Sailors' Home—on the night of 12th April I met the prisoners about 8 o'clock, and we went to a public-house, kept by Mr. Carter—I was drinking with them till 10 o'clock—I was not sober, but I had my senses—I had a purse with me containing 5l. in gold, and some odd silver—this is the purse (produced)—I saw it safe when I was in the public-house—I changed a sovereign for some drink—I bought a bottle of gin—Cockling carried that for me—this two-bladed knife is my property—I recollect Palmer's coming near to my pocket in the street, and I told him to keep his hands away from my pocket and gave him a smack on the head—I was with him a short time before I saw Cockling.
Cockling. He asked me what I would have to drink, and I said "Nothing at all; you have had quite enough." I did not take the bottle of gin from him.
Palmer. I never had my hands in your pocket Witnees. He had his hands in this pocket, and I said "You young rascal, keep your hands off, or I will give you a smack on the head."
COURT. Q. Did he remain with you after that? A. Yes—about two hours.
called for a bottle of lemonade, and the prosecutor paid for it—he changed a sovereign—he was not sober—they left the house—about 9.45 the same evening I saw them again, with Palmer, by the East India Docks—Thomas could hardly stand—I heard him ask for another tot, and Cockling pulled the bottle out of his pocket, and he drank some—I left them then—I saw them afterwards, walking arm in arm, towards the Barking Road, and I called a policeman's attention to them—I then went home—about 10.15 Cockling and Palmer came to my house, and asked for a pint of cooper—Palmer pulled out a purse to pay for it—I saw other money in the purse—he took out a shilling, and put it on the counter—I locked them in, and sent for the police—I saw Palmer searched, and this purse, containing four sovereigns, two half-sovereigns, five shillings, and some coppers, was found upon him.
WILLIAM JOLLY . I keep the Aberfeldie Tavern, at West Ham—Thomas and Cockling and Palmer came to my house on this evening about 8 o'clock—Thomas had been drinking, but he was not very drunk—I refused to serve them, as Thomas had had enough—I afterwards drew some gin for them, and they took it away in a bottle—the prosecutor paid for that.
SAMUEL CLUMBER (Policeman K 144). About 10.15 on the 12th I was called to take the prisoners into custody—I searched Palmer and found on him a purse, four sovereigns, two half-sovereigns, 5s. in silver, and 2d.—he said that Cockling gave him the purse and the money—Cockling denied it, but the boy persisted that he had—I went after the prosecutor and brought him back to the prisoners—he identified the purse, and the prisoners as being in company with him—I took Palmer to the station.
WILLIAM PEARCE (Policeman K 393). I went with the last witness to the hotel—I saw the purse taken from the boy—the boy handed me 4s. 6d. in silver, 5 1/2 d. in copper, a tobacco box, and this knife—I found a bottle of gin on Cockling, in his left hand trowsers pocket.
Palmer. The box is mine, and the 2s.
The Prisoners' Statement before the Magistrate: Cockling says, "I am not guilty." Palmer says, "I am not guilty. Cockling gave me the money."
COCKLING— GUILTY — Twelve Months' Imprisonment.
PALMER— NOT GUILTY .
MR. WOOD conducted the Prosecution.
ELIZA BACON . I live at Woodford, and I live with Mr. Cooper, the Secretary of the Rescue Society—the prisoner has been an inmate in one of the homes of the society about five months—she had no permission to leave—she did go away, and after she had left I missed 4s. belonging to a maid in the establishment, and two pieces of flannel—we sent after her, and she was taken into custody on London Bridge—I afterwards saw the property which was missed, except the purse—she had the flannel to work at—it was not given to her—probably she took it in mistake for her own—I think it is very likely she did.
Upon this evidence, Mr. Wood withdrew from the Prosecution.
NOT GUILTY .
MR. COOPER conducted the Prosecution; and MESSRS. BESLEY and W. SLEIGH the Defence.
JOHN AKERS . I am a tailor and outfitter—the prisoner called on me on 21st February, and I paid him 7s. 6d. for an advertisement in, and the price of the "Local Directory;" 6s. for the advertisement, and 1s. 6d. for the Directory.
Cross-examined. Q. You got the Directory and the advertisement? A. Yes.
Cross-examined. Q. He was to satisfy you that the advertisement was in the Directory, and he did so? A. Yes—the Directory came out early in the year—I had seen the proprietor before I paid the prisoner, and he had not told me not to pay the prisoner.
COURT. Q. You arranged to pay 2s.? A. Yes, and I was to see the advertisement—I saw it and paid—I said I wished to have a copy of it, and Mr. Harmer said that he had sold all the copies, that a second edition would come out in a short time, and I said I would call again.
WILLIAM CUMBER . I live at 18, Stock Street, West Hani—I am a carpenter and undertaker—I paid the prisoner 3s. for an advertisement in a paper called the "Courier"—I believe Mr. Harmer is the proprietor—the prisoner came to me and asked if I would advertise in the "Local Directory," and I refused to do so—I asked him if he represented the "Courier"—he said "Yes," and I paid him 3s. for the advertisement.
Cross-examined. Q. Has he canvassed you a good many times? A. Once before—I paid him in February—he did not say he would try to get the advertisement in for 3s. if he could.
WILLIAM JOHN HARMER . I am a printer, of Barking Road, West Ham—I employed the prisoner to collect advertisements for the Directory up to the middle or latter end of January—he left my service on 27th February—he never paid me 2s. received from Robinson, or 3s. from William Cumber, nor 7s. 6d. from Akers.
Cross-examined. Q. I believe neither Akers, Robinson, or Cumber gave him in custody? A. I believe not—I did not—I made arrangements with the prisoner when he was employed—he was to have no salary—he had a commission of 20 per cent on the advertisements that he got—he could go where he liked to get them, and the more be got the better I was pleased—I could reject any advertisements I choose—he had a scale to work upon—I have got here the original of Robinson's advertisement—I took it from dictation—it is in my writing, dictated by the prisoner—3s. is marked on the front, as the price of the advertisement—Cumber's advertisement was sent back, because we had nothing to do with the paper; I should think it was sent back in March—our time for closing the advertisements was at the end of December, but as we were late in publishing, we took them from the prisoner up to the time we published—that would be about the end of January—I did not tell him to get advertisements for the "Courier"—he did get one, and I refused to take it—he was in my employment about four months, from the middle of November to 27th February—sometimes I went a fortnight without seeing him—he came when it was convenient for him to come—I never paid him any money, and he never paid any to me—he never asked me to settle up accounts; he left an account of what he
had received after he had been written to—this is the account—he left it about 7th or 8th March—Akers' name was in the account, and also Robinson's—Cumber's is not there, his advertisement was for the "Courier," and this has reference to the Directory—he sent this account after he had been written to not to collect any money on my behalf; and this was left at the house about 10 o'clock—I have pencilled some of the amounts on that account—there is a payment of 15s. which I have pencilled 10s.—he gave it me as an advertisement for 15s., and when we went to the place he had taken it for 10s.—there is another entry of 3s., which I have marked 3s. 6d—we don't propose to go into those at all—I can't say whether I gave him the names to assist him in making out the account—I can't say one way or the other—I have never paid him a shilling—he never asked me for anything on account for what he was doing.
NOT GUILTY .
MR. COOPER offered no evidence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. KELLEY conducted the Prosecution.
JAMES MCPHERSON . I keep the Fountain, Broadway, Deptford—on the 14th or 15th December last, the prisoner came there—he went into the parlour and commenced playing at bagatelle—he remained about a quarter of an hour or twenty minutes—I was having my tea and a boy came and told me Horuething—I went into the parlour—the prisoner asked me the way to the bank, and then went out—I immediately found the bolls were gone—these are them—they are worth about 30s.
Prisoner. I own to pledging the balls, but I did not steal them.
JAMES MAROETSON (Policeman R 122). I took the prisoner and charged him on suspicion with stealing a number of bagatelle balls from a number of beer shops and hotels—I mentioned the Fountain—he made no answer to that—on the way to Woolwich he said, "I shall plead guilty to stealing the bagatelle balls from the George the Fourth, but I can't to any other."
GUILTY — Twelve Months' Imprisonment.
MR. BRINDLEY comlucted the Prosecution.
ELIZABETH THOMAS . I am housekeeper to Mr. John Purdie, 15, Wellington Street, Deptford, clothier—on Saturday evening, 16th April, about 6.30, I was standing just inside the door—I looked outside, and saw the prisoner with a shawl in his hand—he saw me, and dropped it—I asked him white he had done it for, and he said, "Find out"—I picked it up—he said two or three—bad words, and walked over the road into R public-house—I called a policeman, and he was given into custody—the value of the shawl was 8s. 6d.—I had seen it the shop door, just before.
Prisoner. Q. When you came outside the door, had I the shawl open in my hand? A. Yes—I saw it in your hand—you did not try to conceal it or run away—I asked you why you pulled the shawl off, and you told me to hold my b——row—you did not say you knocked it off by accident—the shawls were hanging on a high rail outside the door.
MR. BRINDLEY. Q. Could a person knock a shawl down by accident? A. No, it was too high—it was about 6ft. from the ground—there were thirteen shawls hanging out altogether.
SARAH PURDIE . I am the wife of John Purdie—on this Saturday evening, I was outside my shop, opposite the prosecutor's, and I saw the prisoner pull the shawl down—I was looking to see whether he was going to take it into the shop, and Mrs. Truman came to the door, and asked him what he was doing—he said, "Find out"—that was all I heard—he dropped it when she spoke to him.
PETER MAROBTSON (Policeman R) I went to the public-house, and took the prisoner into custody—I said, "Mr. Purdie wants to see you"—he said, "What for f—at that time Mr. Purdie came up and he said", "I shall give the prisoner in charge for stealing the shawl"—he said he knew nothing about it—he was very violent going to the station.
JAMES CLARIDGE (Policeman R 157). I went to the assistance of Margetson, and we took the prisoner to the station—he was very violent—my uniform was torn—he put his leg round mine, and I fell and cut my knee.
Prisoner'9 Defence The witness Purdie states she saw mo pull the shawl down, and several women were in front of her. There were many persons passing backwards and forwards, and yet she swears she saw me pull it down. Just consider between yourselves; don't you think she might make a mistake?
NOT GUILTY .
Before Mr. Recorder.
MR. SERJEANT SLEIGH, with MESSRS BESLET and WARNER SLEIGH, conducted the Prosecution; and MESSRS. METCALFE and STRAIGHT the Defence.
JOSEPH PARKINSON . I am a messenger's assistant to the Court of Bankruptcy—I produce a file of the proceedings in the bankruptcy of John Henry Weston (The proceeding was on the bankrupt's own petition, dated 16th July, 1869; the adjudication was on the tame day; he described himself at a gas engineer, of 113, Kennington Road, creditors unsecured, 1333l. 17s. 4d.; creditors to be paid in full, 71l. 5s.; good debt, 2414l. 5s. 5d.; bad, 89l. 11s. 9d. property given up to attigntes, 2000l.; property in the hands of credtiort, 200l.
CHARLES NEWMAN . I am in the employment of Mr. Cooper, one of the messengers of the Court of Bankruptcy—on 18th July, last year, by Mr. Cooper's direction, I went to the bankrupt's premises, in Kennington Road, and took possession of them, and remained there until the 28th August—I slept on the premises—I remained after the adjudication, I was deputed by the official assignee to keep possession on behalf of the trade assignee—I remained there till after the sale, which took place, I think, on Thursday, 26th August, and on the Saturday, two days after that, I left—
Homewood, who is in the employment of Mr. Cutten, the auctioneer, lotted the goods—one of his clerks had previously made out the inventory—during the time I was there, I saw the bankrupt most days on the premises—his son was there as often, they generally came together in the morning, most days—the goods were to be delivered to the purchasers at the sale, on the Friday and Saturday—they were not all removed—I left the premises on the Saturday, about 6 or 7 o'clock in the evening; every person who was on the premises left with me, we all left together, Homewood was one of them—I locked the door and had the key, no one was left on the premises to my knowledge—a short time after I left, I remembered that I had left a coat behind me, I went back in about fifteen or twenty minutes; Mr. Barker, the prisoner's clerk, went bock with me; I unlocked the door and he went in with me—I found my coat there, and I found the bankrupt there with two men, who I did not know—I said I was very much surprised to find them on the premises, but it was so suddenly done; in opening the door seven or eight other men came in within a minute or so, and that may account for my not recognizing the faces of each, but Mr. Weston had certainly two men with him; I know most of them, Homewood was one, and three others of Mr. Cutten's men—they were persons who had been engaged previously in connexion with the sale—some conversation took place with regard to these persons Inung there, Homewood ordered me, according to my instructions, to lock them out—Mr. Weston would not go, he said "No.! I have got possession here, and I will not go out"—I said I thought it would be prudent for him to do so—he said "No; I shall not"—I said "Do you object to leave the premises?"—he said "I do; I will not go out"—I said "As you will not go out, as I am in duty bound I must look you in, according to my instructions," and I did, and we all came out with the exception of the bankrupt and hid two or three men—I locked the door and left them in—those men were none of our party—I went there again on the Monday but could not get in—I tried to unlock the door, Homewood was with me and Mr. Cutten's men—I unlocked the door, but it was bolted inside, and therefore we could not get admission—I did not see or hear anybody inside—I remained there till 6 o'clock in the afternoon, and just before I left I again tried to got in—I reported the circumstances, and on the Tuesday gave up the keys to Mr. Cutten—I did not go there afterwards.
Cross-examined. Q. Who sent you in possession? A. Mr. Cooper, the messenger of the Bankruptcy Court—I did not see Mr. Philip, the trade assignee; I never saw him till he was pointed out to mo in Court this morning—I do not know Mr. Evans, the solicitor to the assignee—I do not know Israel Cohen—according to the subpesna I have received, I should presume Messrs. Evans & Laing are the prosecutors in this case; they are the attorneys; I don't know for whom they are attorneys—I went in on the day of the adjudication—I did not take an inventory, Tindal, Mr. Cutton's clerk, did; I don't know on what day, I think it was about ten days after the abdication—I allowed things to be removed while I was there, because we were carrying on the trade for a few days, and the things that were purchased were delivered; I allowed nothing else to be taken away—Mr. Weston carried on the business, sanctioned by the official assignee—I slept there the whole of the time—Mr. Homewood prepared the catalogue—on the 28th, when I locked the door and went away, it was about a quarter of an hour or twenty minutes before I came back—we had boon to the Tankard public house, to have a glass of ale, with the bankrupt
and others—when I opened the door, the others came in—I had been to the Tankard before—very likely I was there with young Weston on the morning of the sale—I have no doubt Homewood was there—I did not say to young Weston there "Now, if you want to do yourself and good, you must make it all right with Homewood, for he can put a good deal in your way;" I never made any such remark, nothing of the kind—I did not hear Homewood say "Yes, youngster, there are a lot of goods not down in the catalogue, and if you will make two or three of us right for about 20l., we will put about 100l. into your pocket"—I have heard that there were things not in the catalogue, but I did not know it—young Weston did not say to me, or in my presence, "I should not like to do any such thing"—I don't recollect having any conversation with young Weston at the public-house—I did not afterwards go up to the defendant, on his own premises, and say "I can't talk to your son, he does not know enough of the world," nothing of the kind; nor did I add "Look here, if you want to do yourself any good, it is no use being obstinate, you shall have about 100l. in stuff for a 20l. note"—I never knew there was any stuff at all, beyond that which was in the inventory—I did not say "There was not time to get it in the catalogue, so there is a chance for you"—I was told, about a week after I had left the premises, by Messrs. Cutten's people, that they had broken in and found about 100l. worth of property—the prisoner did not say to me "Don't speak to me like that, sir, I will not have one pennyworth;" nor did I say "You are a great fool"—a man named Curtis was in possession on behalf of the mortgagees—I don't know when he came into possession, I think about two or throe days before the sale—he was one of the persons that I locked out, and who I locked in afterwards; I was instructed to lock him out, and I acted upon those instructions; he walked out, like the rest, to get a glass of ale—I did not invite him to do so; I don't know who did, no doubt somebody did, because he had no money himself to drink with—I did not, before that, get Curtis to help me down stairs with a box and place it under the stairs; I had nothing to do with putting a box under the stairs; I did not give him 6d. for helping me to do so—Homewood had two black bags there; I don't know the contents of them—I saw those bags, on the Saturday, in a small recess in the store-room, a sort of pigeon-hole—I did not see inside them, they were locked—I did not see Homewood put anything into them—I had not the least idea they contained glass drops, or prisms, or anything of that sort—I do not always act with Homewood—I have been in the Court twenty years, and never met him above three times in any possession where I have been.
MR. SERJEANT SLEIGH. Q. Is the Tankard public-house next door to the bankrupt's? A. Yes—I don't know Curtis' handwriting—I have seen this paper (produced) before—the very day the rent was paid out, the mortgugees came in and put Curtis in possession—I don't know who the mortgagees are.
HENRY HOMEWOOD . I live at 8, Cross Street, Islington—I am occasionally employed by Mr. Cutten—he has auction rooms at 8, Cross Street, and the second sale took place there—I was instructed by Mr. Cutten to lot the goods—the first day I went to the premises, 113, Kennington Road, was on 23rd August, I found Newman there—I had to prepare the stock for sale; I did so; it took me two days and part of the next; I lotted the goods—amongst other things that I lotted for the first sale, there were glass chandeliers, some were perfect and some imperfect, some had no burners,
and some had only part drops on them, some had not half the quantity—some of those that were afterwards found concealed on the premises were of the same description as those on the imperfect chandeliers; there were so many chandeliers, some might have been of the same description, and some not; they would be used for the same purpose—I saw the bankrupt there every day, and sometimes two or three times a day—my attention was not called to the trough; of course I lotted it, it was named in the catalogue—I did not notice the furnace baths, they were not in the catalogue, they were fixtures—I included in the catalogue all the stock that was drawn to my notice, it included some of the goods that I afterwards found concealed—the sale took place on the 26th, I was there every day from 23rd to 28th—after the sale the lots were delivered to the purchasers, according to the catalogue—some of the lots were unclaimed by the Saturday night, Mr. Cutten gave an extra day on account of the Jews, it being their Sabbath—I found out in the delivery that in some instances there were larger quantities of goods in the lots than were specified in the catalogue—in those cases I delivered according to catalogue, and kept the others back—I left about 7 o'clock, or 7.30, on the Saturday evening—I saw the messenger leave, he locked the premises and held the keys—I went back in about ten minutes or a quarter of an hour, and found the messenger there, Mr. Weston, his son, and two or three other men—I asked them how they came in; they said they had been let in by the messenger—I said it was false, they must have got in the back way—they said they held possession, and we had no right there—I persuaded the messenger to obey his orders, and lock up the premises, and that was done—I went back on the Monday and found the premises all locked up, I could get no admittance; and again on Tuesday; I did not go again till I got authority from the trade assignee on 6th September; I then took four men with me, and directed them to break down one of the shutters, and so effected an entry—I found the iron bed of a lathe laid across the two inner doors, and a heavy upright of wood about 4 in. square stood against the bolts of the door to prevent their being forced—I then went on delivering the goods to the purchasers under the sale; that same morning one of my men drew my attention to some brass work in the trough; that was the first intimation I had that there was any property that had not been put in the catalogue; I went to the trough, and saw twenty-one ingots of brass, weighing 116lbs., covered over with sand; a large copper pan was found in the same place, full of brass work and glass work; the brass was finished work, about from 14lbs., to 19lbs.—there were glass drops loose in the sand, enough to make up five or six parcels—on finding these things, I gave orders for a general search; and on the Tuesday my attention was drawn to some solution found in the carpenter's shop, in the dung; I did not see it found, the men dug out three bottles of it, one they broke in digging it out—on the Wednesday my attention was drawn to a floor board being loose in the casting shop, one of the men trod on it and it flew up with him, we got a candle and found some parcels, of which I made a memorandum at the time—(referring) I see this was on the same day that I found the solution, not on the Wednesday—this memorandum contains the particulars of all—on Monday I found under the sand fifty parcels of glass drops, and cut knobs—on the 7th, in the ash hole, I found eleven parcels of drops, chains, and cut knobs, nine ditto in furnace hole, and thirty-nine under the foundry floor; and on Wednesday the 8th I found in an iron stove four iron standards with brass
tops—I saw one of Weston's glass cutters taking something away from the premises, I followed him, and found him in a milk shop, concealing four glass cut under dishes, which I had previously seen in the glass-cutting shop; they had been included in the first sale, and not cleared—whilst this search was going on I saw the bankrupt on the premises two or three times, he was rather excitable now and then, that was all; he threatened to knock my brains out once; the goods I have described were afterwards removed to Cross Street, and I prepared a second catalogue for sale, including the concealed and uncleared goods, they are included in lots 33, 34, 35, 40, 41, 46, 47, 49, 54, 55, and 73—I have my tool bags here (produced) these are the bags I always carry my tools in, with my apron, cap, and so on—when I left the premises on Saturday, 28th August, I had my tools in them, and some loose drops that had fallen out of the packages in the different holes, I swept them into one of the bags.
Cross-examined. Q. Can you give me the prices of the lots you have specified? A. No; I know nothing about the prices—I don't remember the name of Corbett as one of the purchasers—I am sure I did not put into the first catalogue all I found on the premises—I reported a cart load that I did not put in, as they constituted part of the second sale—I collected them and put them on a bench; they were things of some value—chandeliers, in an imperfect state, fetch very little comparatively—the glass drops I put in my bags were of all sorts—I can't say whether they were of the same description as those on the imperfect chandeliers—I never examined them—the bags when opened did not contain anything but the glass drops and my tools—they were not there when I went in on 6th September—they were taken away—I asked for them—I asked the man in possession, Curtis, first—then, I think, I asked young Weston—they seemed to know nothing at all about them—I am not aware that young Weston and a creditor named Brown were present when the bags were produced—I am not aware that young Weston said to Brown, "Feel these bags, Mr. Brown"—he said he should like to have them opened in presence of a policeman, and I said, "Stop, allow the trade assignee, Mr. Philps, to be here when they are opened"—Mr. Philps was present—I was asked what was in them, and I said, "My tools"—I might have said something about the glass drops; I don't know—I asked for my tool bags—I don't know that I was asked about what was in them—I produced my keys and unlocked them—anyone could see what was in them—I don't know what Curtis was in possession for—he came in possession for rent, which I paid out—I was at the Tankard on Saturday, 28th August—I saw Newman and young Weston there, and old Weston was there as well; we lunched there every day—I did not, on the morning of 26th, hear Newman say to young Weston, "If you mean to do yourself any good you will make it all right with Homewood;" nothing of the kind—I did not say, "Yes, youngster, there are a lot of goods not down in the catalogue, and if you make two or three of us right for 20l., we might put about 100l. in your pocket"—I did not say anything of the kind—there were a quantity of goods not down in the catalogue—I can't tell their value—I may have said, "If I can do you any good I should like to," Because I sold to young Weston all I bought—I have no memory of saying, "Don't shut your eyes to your own interest;" I might have said something of the kind—I might have said "If there is anything you want and I buy it, you shall have it at a profit"—that is a very usual thing—I did buy at the sale chandeliers and drops, and I sold some—I put one in that I had by me;
that was in the catalogue—the auctioneer sold it for me—I bought some of the imperfect chandeliers; some I sold afterwards and some I have got now—I sold them in the imperfect state, in the same state in which I bought them, all but one, which I completed by taking the drops off another and making it perfect—I think I bought three or four, all imperfect—I did not sell young Weston any chandeliers—I do not know Corbett; I don't remember the name; I might know him by seeing him—I can't charge my memory with delivering any goods to him on 6th September—I am not aware that he said to me, "I will give you a half-sovereign for yourself;" nor did I say, "What the devil is the use of a half-sovereign to me, it would not hurt you if you gave me half a dozen half-sovereigns;" nothing of the kind—Walker, one of my men, was there that day clearing out—Corbett did not give me 5s. and a half-crown afterwards, that I am aware of, and 2l. to Walker and another man who was clearing; I swear I know nothing about it; if I received anything it must have been for goods sold—I have not been to Corbett's house, at 222, Waterloo Road, that I know of—I swear I never was there—I have not been to any house in the Waterloo Road, asking for money (Corbett was here called in)—I know that person; he does not live in Waterloo Road, but in Oakley Street—I have been there to ask for money; he is the man I sold some goods to, which he has never paid for—I did not remember his name; I know it now—I took a good deal of money from that man for goods that were sold and uncleared, but to what amount I don't know; he took away a quantity of goods, old iron—I can't tell what he paid—I received the money and passed it over to Mr. Cutten—he did not offer me a half-sovereign that day, that I am aware of—he owes me?l.?7s. for goods; I sold him one lot which was not cleared, which he has not paid me for yet—he did not offer me a half-sovereign for letting him take a great quantity of goods, he having only bought a small quantity—all that he took away were goods that were uncleared, which I sold him at the same knock down price that they were knocked down at at the sale, and which I am empowered to do by the governor's orders—I swear he did not offer me a half-sovereign, and that I did not say, "What the devil is the use of a half-sovereign to me, it would not hurt you if you gave me half a dozen half-sovereigns;" nothing of the kind—he did not make me a present of 5s.—he owes me money now, for steps and things, sold at the sale, which I allowed him to take away on trust—he promised to bring the money to my house, which he never did—those goods I offered to young Weston.
MR. SERJEANT SLEIGH. Q. I suppose it often happens that goods are knocked down to a purchaser, and never cleared? A. Yes—I have worked for Mr. Cutten over eighteen years—there is not the slightest pretence for the imputation that I received a bribe to allow a man to take away more goods than he was entitled to—I was examined before the Magistrate, where a solicitor appeared for the bankrupt—this is the first time have been asked about receiving a bribe—I have been to Corbett's house, in Oakley Street, twice, for my 1l. 7s. 6d.—I have not got it—I paid the money to my employer, and I still stand out of my money—if any person took away more articles than they were entitled to, it was without my knowledge—there might have been 200 or 300 drops in my bags—in clearing out the pigeon holes, where the drops were kept, those fell out, there was no basket or anything to keep them together in, and my bags being empty, I swept them into my tool bag—that would be on the 27th or 28th, after the sale—I left my bags on the premises—nothing was said to
me about having these drops in my bag until after we had got the order to break in—I have Corbett's bills here; here is one for 2l. 17s. 6d., 2s. 6d. taken off—he might have paid me that—that was for things bought at the sale; but he owes me 1l. 17s. 6d. now, for uncleared lots which I sold him.
MICHAEL FRANCIS TINDAL . I am an auctioneer—I was employed by Mr. Cutten, on 21st July, and took an inventory at 13, Kennington Road, for the sale, which afterwards took place—I took it from the actual things, as one usually takes inventories for the Bankruptcy Court, not so closely as I should have done if I had known it had been for the purpose of sale—I had no idea it was for the purpose of sale; in fact, it would have taken double the time—I suppose the book I took it in is in Mr. Cutten's office—I have had no notice to produce it.
Cross-examined. Q. Newman was in possession at that time, I suppose? A. He was.
GEORGE BLANCHARD . I am sale porter in Mr. Cutten's employ—I was assisting at the sale in Kennington Road, on 26th August, and afterwards in delivering the goods—on 6th September I accompanied Homewood and others to the premises, for the purpose of getting in—I was present while search was being made there on that and the two following days—I found twenty-one ingots of brass in the moulding trough; they were concealed in the sand—I saw the bankrupt on the premises repeatedly—sometimes he was polite and courteous, and sometimes quite the reverse—he did not say anything in particular to me—he talked about chucking us out of the window, and about our being thieves, and all that sort of thing—I found three bottles in a dung heap, and in digging it up I broke one—they were concealed underneath the dung and rubbish, in the yard—it was a goodishsized heap—it was not loose dung—it had been trodden down, and some loose straw placed on the top of it—I was examined at the Bankruptcy Court, and stated that I was present when drops and things were found, and helped to pick them up, and the bankrupt said every word I said was perfectly true.
Cross-examined. Q. Did he say why some of you were thieves? A. No; he did not, in my hearing, say anything about anybody having hidden the property—he did not say to me that he had written to the assignee.
COURT. Q. Were any particular ones charged with being thieves? A. No, not that I know of, all of us—it was general abuse.
CHARLES STEWART . I was employed to go to 113, Kennington Road—I went there on the day the premises were broken into, by order of the Court, and found some property in the ash pit; that is where they melt metals; it is a place about 5 ft long—there was a lot of loose straw and paper shoved in amongst the cinders, which caused me to pull it out—I also went into the furnace-hole—it has a grating to it—I pulled the grating on one side, and found several parcels stowed away there.
Cross-examined. Q. Did you go to Corbett, and tell him to come and fetch a lot of uncleared things that had been on the premises? A. No—I called at his house when I was passing, some time afterwards, but not at that time—I first went to his house about four or five days after the things were cleared away; I was casually pricing, and I called in to see him—I knew him through his coming and clearing some things away from the sale—I had never been to his house before—he came about the 6th or 7th,
to clear away—I don't know what he cleared away on that day—he took some things away in a truck; I think it was a truck, not a cart—it was an uncleared lot that was sold to him by Homewood—I was not present at the time they were sold, but I helped to load them—I believe they were things that had been in the catalogue; they must have been, being an uncleared lot; I was not on the sale, so I can't tell; it was a lot of rubbish of some sort or other; there were two or three old outside lamps amongst it—I don't know what else, it is so long ago, and I have been at so many slaes since—I don't know that there was any ironwork; there is a portion of iron in old lamps—I don't know anything about chandeliers or cut glass dishes—I did not deliver any to him; I am certain of that—I did not put them into a barrel; if he had them he must have put them in himself, I expect—I did not load the truck, I brought the things out and they loaded it themselves—I did not show Corbett the ingots of brass; I swear that—he told me there was a lot of goods hid away, and he could point out where they were, and he did, he pointed out the stuff in the dung-hill—we went to the dung heap, by his direction, and found the solution—I don't know whether Stewart and Newman heard that, Blanchard did—I did not propose that Corbett should buy the ingots of brass; I swear that; I never said anything to him about them—it is not possible that I should be such a fool as to ask him to buy them; I did not—I did not show him the glass drops, or offer them to him—there were no steel taps taken away in his truck, that I am aware of, or part of a lathe—I did not receive any money from him afterwards; I had some beer with him, which he paid for—he did not give me 2l., or?l., or anything—I don't think Homewood was present when I had the beer, I can't recollect; I had a goodish drop of beer that day.
MR. SERJEANT SLEIGH. Q. When was it that. Corbett said there were some things hid away? A. don't know whether it was the day we broke in, or the next day—I think it was at the Tankard, it came out in a casual sort of way, in the course of conversation; he said "Mind what you are doing, and you will find some things stowed away here"—he said "I am given to understand there are some things stowed away, and if you look under the dung-heap you will find something hid up"—I did not go and look under the dung-heap, other persons did that—I did not know anything of Corbett before; I had never seen him before, that I am aware of.
FREDERICK CUTTEN . I am an auctioneer, in Basinghall Street—I received instructions with reference to the sale of the bankrupt's property about August last—my clerk had taken an inventory before that—I employed Homewood to lot the goods, and from the inventory and the lotting the catalogue was printed—it was out three, four, or five days before the sale—I sold the goods at the first sale, on the 26th, and Mr. Robinson took down the prices; the total amount of the first sale was 347l. 18s. 6d.—I was afterwards told by Homewood that there was some surplus property that was not in the catalogue, and a further sale took place on 21st October, after the articles had been discovered, that realised 66l. 13s. 4d.—there were two bottles of solution in that sale; none had come to my knowledge in the first sale—I don't know what solution it was; they produced 22s.—several of the chandeliers sold at the first sale were incomplete.
Cross-examined. Q. Is Homewood employed by you, generally? A. Yes, he is my general sale porter; I employ him when I have a sale, not regularly—I think it was some days after the sale that he told me there
was a surplus beyond what was put in the catalogue; I can't recollect whether it was after 6th September—the catalogue was prepared tome days before the lotting—young Weston came to me one day after the sale; I don't know what day it was—he did not tell me that my men were plundering the estate, nothing of the kind; if he had, I should have said at once "What do you mean?"—I don't recollect that he said my men were putting things away, or robbing the estate; I almost forget what he did I call about—very likely, if he had said so, I should have said "Mind you don't make assertions that you cannot substantiate"—I really forget the conversation entirely—I had no complaint made to me—I rather think he said something about the Commissioner—I am not aware that he went to the Commissioner—I took very little heed of anything he said at any time—he came several times; I really don't recollect why he came, or what he said—I have not seen any letter sent to Mr. Philps, the assignee—I don't know who is the real prosecutor in this case—I don't know Mr. Cohen; I had my instructions from Mr. Evans, for the assignees—I did not know that Mr. Philps was not a creditor; I am told so now—I don't know by whom he is put forward.
MR. SERJEANT SLEIGH. Q. Have you any recollection whatever of young Weston, when he said something about going before the Commissioner, making any complaint in respect of anybody in your employment or anybody else? A. I don't recollect it at all—I think he did say something about going to the Commissioner, but I am hardly prepared to swear that he did—if any complaint had been made about persons in my employment I should not have been likely to forget it, I should have taken notice of it at once.
WILLIAM ROBINSON . I took down the amounts of the lots at the two sales—at the second sale lot 33 fetched 23s., it consisted of 15 parcels, 4000 coloured drops; lot 34, 21 packages of ditto, about 4000, 23s.; lot 35, 1l.; that was unclaimed and re-sold for 9s.; lot 40, 52 back drop chains, 2l. 2s.; lot 41, 500 spire pink drops, 1l. 11s.; lot 46, 83 glass cut knobs, assorted, 2l.; lot 67, 57 superior cut knobs, 12s.; lot 49, 720 star rosettes, 2l.; lot 54, 15lbs. of brass, 17s.; lot 55, 21 ingots of brass, 116lbs. in weight, 2l. 12s. 6d.; lot 73, 2 1/2 gallon bottles of solution, 22s.; total 13l. 6s. 6d.
JAMES BOWTON . I was manager at the glass department of Messrs. Hodges & Co., glass chandelier manufacturers, 100, Hatton Garden—I have had nearly twelve years experience of the trade—the price of back drop chains varies from 3s. 6d. per 100 cost up to about 8s.—52 back drop chains, various, I should estimate at about 8s.—spire pink drops vary in size and price from about 8s. to 14s. a 100; 83 glass cut knobs would be about 75s. per 100—there are various sizes of star rosettes, they would vary from about 1s. 2d. to 3s. 6d. a dozen; assorted they would cost about 2s. a dozen—finished brass work would be worth about 2s. per lb. including labour—ingots would be from 8d. to 10d. per lb.—I can't tell the price of solution for electro-plating, it is not in my department.
Cross-examined. Q. I suppose these answers you are giving are subject to a very wide margin, and depend upon the state of the article? A. I am taking the things at the trade value, supposing them to be good; that would be very little higher than at a sale—I have known goods fetch a great deal more at an auction—I have quoted the value in the trade.
Street, Bedford Row—I was employed in this bankruptcy—Mr. Philps, the creditor's assignee, is not a creditor—it was the desire of the creditors, at the choice of assignees, that some person should be employed who would give attention to this particular case—the largest creditors were Messrs. Cohen, clients of mine, and the elder of the firm being very unwell, could not give his attention to it; they were creditors for a judgment of 500l., and the costs of a Chancery suit—there were other creditors as well, and Mr. Philps was selected, being known as a respectable man, and living in the neighbourhood; and it is not necessary under the Act of Parliament that an assignee should be a creditor—I have been attending to the matter from that time up to the present—the only assets that have come to the estate have been received from Mr. Cutten, the sales that have been given in evidence to-day, roundly, 400l.—I know all about the lease, the prisoner's son has it—at the very time the bankrupt filed the account, returning it as an asset at 2000l., the son had bought it at 200l. of the mortgagees—it is on the proceedings, in the account filed under the Act of Parliament for the ten days' account—we have never had the chance of accepting the lease, became the son had purchased it by auction long before I had seen the accounts disclosing it—I was present when Blanchard was examined in the Bankruptcy Court, and when his examination was concluded the bankrupt said everything was perfectly true, and he afterwards added he should have to implicate six or seven other persons besides himself—Mr. Doyle, his counsel, advised him to hold his tongue—no questions were put to him after that—I know nothing of Curtis, except that he distrained for rent, and, by my advice, he was paid out instantly, as we could not clear the lots until the landlord was paid—I never heard of any demand of a right to go into the premises on 28th August—I got an order from the Court to enter them—it was under the original order which we obtained in July.
Cross-examined. Q. At the time of the appointment of the assignee, I believe Mr. Israel Cohen proved for 542l., and Mr. Abrahams for 78l.? A. Yes; there were lots of other creditors and several that voted—those two persons voted for Mr. Philps, that was sufficient to carry the majority—the other creditors could not control it, and we never go on uselessly taking names when the majority is obtained—Mr. Philps was not a creditor; I think he is a thorough man of business, he is a land agent and value, and a very able man, in my judgment, I have known him for years—Mr. Cohen is my client—I was acting for him before that, in a Chancery suit—there was a suit brought by Weston against Cohen—nothing has been done in it, there could not be—I was not the attorney, for and against, in that suit; I was attorney for the assignee, and the attorney for Cohen, but that has been provided for—that would be putting me as solicitor for the plaintiff; he would have to revive the suit, and that could only be revived by Counsel's opinion, and by evidence that the continuation of the suit would be beneficial for the creditors of the bankrupt; I should not have to be the judge of that—I was acting for the assignee and for Cohen too, we often do that—Cohen is a large sponge merchant; I believe he lends money sometimes, I should say he is not generally known as a money lender—I never lent any for him, or through him—I don't exactly know what Mr. Abrahams is, I only saw him once or twice; he is not a money lender—I don't know that he is mixed up with Cohen; he is in America; he is not a client of mine, he merely attended the meeting and voted—he was asked on which side he would vote, and he said against the bankrupt, and he signed his name; the
bankrupt brought his own relations and friends to be assignees—Abrahams was not in America at that time, he is now.
Q. I don't think he was asked for whom he would Tote, because I see somebodyelse signed for him? A. Yes; he gave the usual power of attorney, he was not there; the person who represented him was, I think, clerk to his solicitor—I heard of the discovery of these things about a week or ten days afterwards—something like 13th or 16th September, or a little later probably; it was in the long vacation, I was out of town—directly I came back to town I brought the facts before the Commissioner of Bankruptcy, he was out of town like everybody else, and the first meeting I could get was on 10th December—I think it was on 10th December that the bankrupt came up for examination—I don't think I was present at that meeting, I attended every meeting but that—I believe no application was made to examine Cohen and Abrahams, till within the last fortnight or three weeks—I have seen the affidavit—I never heard of it till the meeting took place on 22nd March last—I am not aware that there was any application to examine Cohen till this year, till after the bankrupt's committal for trial—I am aware that an affidavit was filed on 8th February last—I did not see it before a warrant was applied for—on Monday, 1st March, a meeting was appointed to examine Mr. Cohen, the application was made by Mr. Dubois, solicitor for Mr. Weston, that was the first I ever heard of it—here is an affidavit sworn on 9th February, 1870—I we had no notice of that, it was an ex-parte application—I never heard of it till March—I should think that refers to the same Mr. Cohen who is mentioned in the last count of this indictment, I know but one—Israel & Moss Cohen are in partnership, they are brothers—I did not give instructions for that count—it is a fact that appears, by the proceedings, that Abrahams and Cohen proved their debts—it is impossible they could be both debtors and creditors at the same time—the bankrupt does not assert that they were debtors of his, he returns them on his oath as creditors—he returns the Cohens as judgment creditors for 540l., and also as owing him money, which can't be true, because he was bound to strike the balance between the two, not to set out both sides of the account—he says he has sustained damage to the amount of 1600l.; he does not return them as debtors—opposite the name of Mr. Frederick Abrahams he states: "This debtor was my partner, placed as such by the Cohens, under the date of 2nd December, 1867, and from his mismanagement this amount is due at present, and as such I have included him with the Cohens in the Chancery proceedings"—now Abrahams at that time had got a judgment against him, and stands as a creditor for 1600l., of course that is an item that could never be recovered from the estate; he says, "By his mismanagement," which is damage if anything—I also say it can't be true that Cohen could be a debtor and creditor—he puts Israel Cohen as a debtor for 177l.; that was investigated at the Court, and failed—Cohen was examined by me, and his examination appears on the proceedings—my bankruptcy clerk investigated the claim against Abrahams—I can't attend personally to all these matters; I have had investigations with Abrahams and Cohen, and satisfied myself, and the Court too, that not one shilling was due from either—Mr. Cohen is here to-day—I don't know when Abrahams went to America, I did not know he was there till the last hearing—I believe he has some kind of show or circus there.
MR. BESLEY. Q. Is that the summons of the Bankruptcy Court for Mr. Cohen to attend? (producing a paper.) A. Yes, it is dated 19th February; it would be brought to me immediately it was served, five or six days afterwards
—I have here the Magistrate's warrant to take the bankrupt into custody.
COURT. Q. When was the order of the Bankruptcy Court to prosecute? A. On 22nd December; it was not drawn up for nearly three weeks afterwards—we could not get it in consequence of its being the Christmas vocation, and the power of the Commissioner ceasing at that time, the new Act coming into operation—I believe it was not drawn up before 25th or 26th January; as soon as it was drawn up, I attended before the Magistrate and procured the warrant.
MR. METCALFE. Q. Did you give notice of the warrant? A. I had a letter from Mr. Dubois stating that he was concerned, and I called upon him at his office, and he said he would have his client to surrender whenever I wanted, and I told him I would give him every information—there were two if not three letters from him stating that he would surrender, but he did not say where—I answered those letters by calling upon him directly—I did not write to him.
M. F. TINDAL (re-examined). This (produced) is the inventory I made on 21st July, there are several pages; this of the 22nd July also contains several pages.
WILLIAM PHILPS . I am a land agent and value, of 4, Wilson Street, Gray's Inn, and am the creditor's assignee in this bankruptcy—I am not a creditor, but at the request of some persons I became assignee—on 6th September I went with Homewood and others, and effected an entrance on the premisses—I was present during that day and the two subsequent ones, while a search was being made and property discovered—the bankrupt was only there one day, that was on Monday, the 6th—I spoke to him about the brass that had been found, and some of the parcels under the boarding, and he said, "All right, I know all about it"—I was present when Blanchard was examined at the Bankruptcy Court on 8th December, and heard the defendant say, "What the witness has stated is all right"—I don't remember his saying anything more—he said he should have to indict five or six persons; I believe that was the term he used; he should have to indict or implicate five or six other persons.
Cross-examined. Q. You have been subpœnaed to produce some letters? A. Yes, they are here, I believe—one I received from young Weston, and one from the bankrupt; one dated 29th October and one the 26th—I have no other, they are signed "J. H. Weston," one was brought to me by Barker, the other came through the post.
HENRY WOODLEY (Police Sergeant K 6). I received a warrant from the Lambeth Police Court, on 16th February, to apprehend the prisoner, it was mislaid at the Police Court, and lost—I went to the Alhambra that same night, and again next morning, and to his place of business, in Kennington Road, several times, but could not find him—I did not see anything of him until he came to the Police Court.
Cross-examined. Q. He then voluntarily surrendered? A. Yes, he was engaged at the Alhambra, supplying the chandeliers.
(The London Gazette was put in.)
The following Witnesses were called for the Defence.
ALFRED HENRY WESTON . I carry on business at 113, Kennington Road—I remember the sale there in August last—Charles Newman took possession—from the time he took possession I was frequently at the premises—my father was not there so often as I was, because I was more acquainted
with the business—he used to come in occasionally, just in the morning and again in the evening—I recollect Mr. Tindal taking the inventory, and I Afterwards saw the catalogue—the sale took place on 26th August, about 1 o'clock—on that morning I was at the Tankard, with Homewood and Newman—Newman first met me outside; he often wanted treating, and I used to give him a glass of ale—he asked me to walk inside, which I did, and he said, "Now, if you are not foolish you can do some good for yourself," and he showed me Homewood, and then Homewood said, "Now, look here, youngster, if you want to do any good for yourself, if you make it right with us, this thing is quite usual, I can put about 100l. into your pocket for about 20l."—he told me to look after my own interests, and a lot more which I could not repeat—Newman was standing in the public-house—I think he must have heard it—I did not give him any answer, because I knew that law had been going on for three or four years between the parties, and there was a deal of animosity between them—I went inside and told my father what he had offered—shortly afterwards I saw Newman go straight up to my father, in the passage from the carpenters' shop—I heard him say, "I can't talk to your son, he is only a youngster; he does not know anything of the world; look here, don't be a fool, I can put 100l. into your pocket for 20l."—my father is a very excitable man, and he said, "If you talk to me again like that, I will knock your brains out"—before that, Newman said to me, in the public-house, that there were a lot of things not down in the catalogue—he did not say what he meant by that; he seemed to trust to my understanding him, which I did—Curtis was at first in possession on behalf of the landlord, for the rent; that was paid by Mr. Cutten's clerk, Mr. Robinson, and then he was put in possession for the mortgagees of the lease—Mr. Hetherington is the solicitor, of 5, Sergeant's Inn, Fleet Street—on Saturday evening, 28th August, about 5 o'clock, I was on the premises with Curtis and my father; we had been paying the wages of two or three men who were employed by my father to carry out an order, by permission of the official assignee—Newman and Homewood were also there, and three or four others—we went away about 6 o'clock; we all came out, and Newman took the keys and locked the place—he got Curtis out to have some beer; in fact, we all went out under the pretence of having something to drink—I went back again—the mortgagees had given me permission to stop in the place, as I had bought the fixtures—I got back, and Barker and my father and Curtis—we got in at the front door—Newman came back for something; in fact, Barker had asked Newman to open the door for him—we got in, and would not go out again—we took the lock off the door; the landlord told us to do so—we did not stop in the place, we left Curtis there and boarded up the door—in consequence of something Curtis said, we made a search of the premises on the Sunday morning, and in the cellar found a lot of property under the stairs, in loose parcels; there were forty or fifty parcels of drops and different things; they were not in a box; I afterwards found two black bags under an apron in a room behind the room; they were locked; we felt them, and they contained pans that are used on the arms of chandeliers, and a lot of drops, I should say 500 or 600—I did not see what was in the bags till about seven or eight days afterwards—I think that was all we found—on the Monday, I went to Mr. Cutten's office, and told him that from what I had heard and seen I thought his men had been carrying on a system of robbery in the place—he looked very hard at me, and said, "Be very careful what you are saying, young man; unless you
can substantiate what you are saying, you may find yourself in the wrong box"—I said, "Well, I intend going over to the Commissioner about it"—that was on Monday, 30th August, and on the 31st I got the proceedings from the office, and I went to Mr. Commissioner Bacon; he was sitting in his private room—I made an application to him—he said he could not hear any ex parte statement, and I must make an affidavit of what I had to state, as it affected the character of an assignee, and I went to my solicitor—I was not present on 6th September, when the premises were broken into—I saw Homewood one afternoon after that—he asked me to give him up the black bags, and told me not to be nasty; he would not be nasty, he never did me any harm, and he did not see what I wanted to keep them for—that was before the 8th—I ultimately produced the bags, and they were opened in my presence, but I had a policeman in first; Mr. Brown, a creditor, did it as well as myself, and Homewood encountered the policeman at the door—when he saw I had a policeman, he said, "Ah, I suppose there is some bother about those bags," and he went and fetched them out before the assignee—they contained 500 or 600 drops, and a lot of star pans, lustre puns, spangles and prisms, and stars—my father had not called at the ware-house more than once between 28th August and 6th September, and that was merely to see after some letters, and he posted up a notice outside, that letters were to be left next door—the stock was worth considerably more than 414l.; it was all in good order, except the chandeliers, which were a little imperfect—I was present at the meeting for my father's examination at the Bankruptcy Court, on 10th December—I heard him apply for an adjournment, in order that Cohen and Abrahams might be cross-examined; the examination was adjourned at his request—he has always been in town; he came with me regularly from 9 o'clock to 9.30 in the morning—I knew nothing at all about the things concealed on the premises—I did not see my father conceal any; he would scorn such a thing.
Cross-examined by MR. BESLEY. Q. Did you see Mr. Tindal come there on 21st July? A. Yes, I saw him taking the inventory—I think he was there two days—I had the ingots of brass cast after the bankruptcy, from materials on the premises—I bought some brass at the sale; it was lot 283—that was sold to me on Saturday, the 28th, by Homewood—I did not pay for it, because that night they went away and locked us in, and on the Monday I told him I would not pay for it—the ingots of brass were composed of that very lot—I cast them on Monday, the 30th—I had paid Homewood for fixtures that ought not to have been paid for, and I did not pay him for the brass, I thought it would be a set-off—I missed the solution several days before the catalogue was lotted up, and also a lot of rich-cut arms—the solution was there when Tindal was there—we used it—it ought to have been in his inventory—I don't know anything about the two gallon jars; it was in one large pan—I suppose there were six or seven gallons—it was an eighteen-gallon pan, and it was about one-third full—I went down one morning, and it was gone—that was about a week before the sale—I was twenty-two years of age last July—I was examined once in the Bankruptcy Court—I call myself a glass agent—I occupy a room at my brother's house—I get sometimes 12s. and sometimes 15s. a week—I am employed by the Alhambra Company, not as a servant—I have supplied glass to the Canterbury Hall, the Alhambra, and other places—I was employed by any father in 1866—he made a deed at that time—in November, 1866, I think it was, he borrowed 1520l. from Mr. Cohen—my father petitioned the
Bankruptcy Court, on 16th May, 1867, and subsequently arranged to pay a half-crown in the pound—he owed between 6000l. and 7000l.—I knew the whole of his business, and everything that transpired—my father did not make the arrangement about paying 2s. 6d. in the pound, it was Mr. Cohen, who was in the concern; he agreed to pay the trustees out, and then take possession, of the place and the property, and he released my father from any liability—I think the dividend was 4s. to the new creditors, and 2s. 6d. to the old—I proved for 112l. 6s. 4d., as a debt due at the time of the bankruptcy—I claimed 200l. odd—it was for wages and money I had advanced to get my father out of prison, when Mr. Cohen's solicitors, Messrs. Evans & Laing, put him into prison—I got the money from the Alhambra Company—I had been trading with them, and my father too; he had a separate account—I had wages from my father, for doing his books—it was a bill I had from Mr. Strange, for 112l., that I got discounted, money due to me—I lent part of it to my father; at least, I paid 60l. odd to get him out of prison—the lease was mortgaged to a building society—I attended the sale of the lease—that was some time in August, last year—I purchased it—I don't know whether there was anyone else there to bid—a gentleman, a friend of mine, was there—several bid—I expected Mr. Cohen would have been there to bid, I was only prepared to bid up to a certain amount, and I was quite surprised and pleased to find he was not—I can't tell you the date of my purchasing the lease; it was in August—I paid the deposit-money to Mr. Murrell, the auctioneer—I completed the purchase—I paid 250l. altogether—the purchase was completed on 6th October—until then I had only paid a deposit—Curtis went into possession for the mortgagees on 28th August—I knew of his going in; I did not ask him to go in—I went in company with a man named Simmonds, who I bought some things of—the fixtures were going to be pulled to pieces and knocked about, and I wanted to save as much bother as possible, as I was anxious to carry on the business again—I had not been carrying it on before, I was anxious to carry it on for my family, for my mother—I had an idea that Curtis was coming in for the rent, and after he came in for the rent he never went out again—he received further notice after consulting with Mr. Hetherington or Mr. Murrell—he had a further notice to stop in for the fixtures—that was with my consent—I was pleased at it, I knew it was going to be done—I did not break into the premises at all on 28th August—I had no key—the mortgagees claimed the keys, and they have ever since, and we have never been able to get them—Newman left us in the place—he did not go away, he only went to the Tankard, next door—he took the key with him—it was on a bench—when he came back to fetch his coat he unlocked the door, and let us in, and about an hour after he left he came knocking, and said he had done wrong—I mean to represent that he let us in quietly, on coming back from the Tankard, to get his coat—Barker and Cotterel, my foundry man, were with me, and Newman and my father—there was no trouble at all to get in; Barker asked Newman to open the door, and he opened it, and we all walked in with him—Homewood came in, too—he did not ask us to go out again, he knew we should not go out; he said "Very well, you are going to stop in"—Newman said "I have got my orders, what am I to do?"—Homewood said "Act up to your orders," and Newman said "Then I must go; I must leave you gentlemen here," and then he locked the door, and about an hour after that we went out again, and saw Newman—we took off the lock, and
by drawing the bolts we could open the door—I had my name painted up over the fascia, when I completed the lease—I don't think I had it done on 30th August—I won't swear it, because I really forget when it was—the painter is in attendance that did it—I saw Mr. Commissioner Bacon on the 30th—he would not let mo go into particulars, he told me to make an affidavit—I did not, I went to my solicitor to have it prepared; and in consequence of his advice I did not make it—I did not go before Mr. Commissioner Bacon again, because the matter dropped—I have been carrying on the business ever since—I bought two lots of Homewood, not gaseliers; one lot was a pair of scales and weights, and the other some brass-founding things—I think I paid him 3l. 12s. altogether—he gave me a receipt—I bought in the ordinary way—I have been living in the same house with my father since I have carried on the business—I attended each of the examinations at the Police Court—this is the first time I have given evidence; but my solicitor has had all I know from the first.
MR. METCALFE. Q. You say you put the brass in the foundry? A. I had it cast there—it was melted in the furnace, and then poured into a little iron mould—we threw it into the trough afterwards—I had it there because I did not like to trust it with those men about the place—the solution was used to work a battery—I saw the pan afterwards, and it was nearly empty—that was two or three days before Homewood came, while Newman was in possession—I have not seen the jars in which it was afterwards found—I also missed about six dozen richly-cut arms, which I told my father about at the same time, which have never been accounted for yet—they have been stolen from the place.
COURT. Q. We have heard of some drops being in the trough besides the brass, do you know anything of those? A. No—the 250l. that I paid for the lease I borrowed of Mr. Strange, of the Alhambra.
JOSEPH CURTIS . I live at 9, Manor Street, Chelsea—on 27th August I was put into possession, under a distraint for rent of the prisoner's premisses—I refused to allow any of the goods sold to be delivered until the rent was paid—I was paid the amount by Homewood, on 28th August, the same day I went in—I was then in possession for the fixtures—in consequence of what Newman and Homewood said to me, I went out of the place—I got in again; the door was opened, and I walked in—on the Saturday morning before I was paid I was called down stairs by Newman to fetch some parcels from under the stairs—I did so, and he gave me sixpence for doing it—I gave the parcels into his hands to put away into a place in the room at the back of the shop—that was after the rent was paid—nothing took place after I got in again, in the evening—I walked straight up stairs, right out of the strife altogether—I mentioned about the parcels on the Monday, I think, to Mr. Weston—I saw some ingots of brass that were found; but I knew nothing about them—on the Saturday afternoon I saw Homewood weighing out some brass to young Weston, in the warehouse.
Cross-examined. Q. Where did he get it from? A. It was lying in the premises—I don't know whether it had been in the sale—I saw it weighed, and I understood young Weston paid for it—it was in a lot, not tied together, loose on the floor—I was not there before the sale, I went in on the Saturday—I was not there on the Friday—I signed this receipt (looking at one)—I may have been there on the Friday—that is my signature; it is all my writing; I can't recollect the dates just now—I was put in by Mr.
Child, from Mr. Murrell's, for the landlord—the money was paid, and I gave it over to Solly & Clark, the freeholders; they employed me to-remain in——I did not know that young Weston had paid a deposit—I can't remember how long I remained there after September 6th; I was there up to October—Solly & Clark paid me—it was on the Saturday morning that Newman asked me to fetch up the parcels—there were persons there receiving their lots at that time—the parcels I brought had no lots on—Newman put them into a partition in a room at the back of the shop—I don't know how the things got under the floor or in the furnace bars—I believe the brass was melted down in that very same place—the fire was alight on the Monday—I can't say how many days it was alight after the 30th—I have no idea who put the property there that was found under the furnace bars—I don't know who put the jars under the dung-heap, or when they were put there—I do not know Corbett—I was present on the 6th, when they broke in—I forget whether Mr. Weston was there; I think he was—I don't recollect whether he was present when some of the things were taken out from the ash-pit or the furnace bars—he was very angry—on Saturday the 28th, I was asked to go and hare something to drink, and I came out, and when I was out I was told they did not acknowledge me at all—I stood outside the door considering what I could do to get in again, and I saw the door open, and walked in and ran up stairs—I don't know who opened it.
MR. METCALFE. Q. Was Newman there when you got in? A. I passed by, I think, Newman and a lot, but I ran up stairs directly—there was only one furnace; there was not two, that I know of; I am quite sure of that—there were different glass ornaments in the room behind the shop, where Newman took the parcels to—I don't know what was done with them after that.
JOSEPH BARKER . I was clerk to Mr. Weston, and had been so eighteen months at the time of his bankruptcy—I was there part of the time the inventory was made, and while Newman was in possession; throughout the day, in and out, transacting business—I had nothing to do with concealing these goods under the dung, or in the ash-pit, or furnace—I knew nothing about it—my attention was called to them on 7th and 8th September, after the breaking in—I had seen these bags on the Sunday, the 29th, in the stoke-room, at the back of the principal shop—they were locked; they seemed to be full—I saw a great quantity of things in the cupboard under the stairs—there were glass arms, glass drops, glass chains, and sundry brass work—my attention was called to them by Curtis—on Saturday 28th, when Curtis locked up the place, we all came away—we went in again—Newman unlocked the door—he took the keys out of his pocket—I said to him "I want to go in for a minute;" he unlocked the door, and I went in—about two or three minutes afterwards Curtis entered, and Homewood within five or ten minutes—six or seven of us were left on the premises—we were locked in: about half-an-hour or so afterwards Newman came back again—I heard a great knocking at the door, but I did not go to the door—the lock was afterwards taken off, to get in and out—I remained there—I know some brass was melted in the furnace between that day and 6th September—I don't known on what day, I was not present—a great quantity of brass was bought by young Weston at the sale; I saw part of it delivered to him—there are two furnaces—it is a double furnace with two entrances, not back and front, they both adjoin; there is a brickwork division between them.
Cross-examined by MR. SERJEANT SLEIGH. Q. Do you mean to say that you
saw the brass purchased by young Weston at the sole? A. Yes, it was bought at so much a lb; I won't say that he purchased it of the auctioneer, ha either bought it then, or of one of the purchasers afterwards—I know he did buy it; I saw part of it delivered to him on the Saturday evening, and it was deferred till the Monday to see it weighed—I did not gee it weighed on the Monday, there was no admittance then—I was not there when the door was barricaded, I know it was barricaded—my attention was called to the jars of solution at the time they were found—I don't know their value; I never said it was worth 5l. or 6l. a jar; it was made on the premises by one of Mr. Weston's employées—I had 25s. a week wages from Mr. Weston; I was to have 32s.; he paid me regularly for some considerable time, then he got into difficulties—I proved for 26l. for wages and cash lent—I was at the Police Court at every hearing, but not examined—I was quite willing to be examined—I did not know Mr. Weston before I went into his employment—the solution was kept in the kitchen, in a large pan about 3 ft long; I last saw it a week or ten days before the sale, I afterwards saw it nearly empty.
COURT. Q. Just explain about this double furnace, are they quite distinct? A. Yes—I was not aware that any things were found under the furnace bars; my attention was called to some found underneath the ashpit there—only one of the furnaces had been used while I was there, they might have been put under the other; they are distinct, more than a brick and a half between them.
HENRT BROWN . I am a lamp manufacturer, in Westminster Bridge Road—I was a creditor of Mr. Weston's for 43l.; I was at the premises on 8th September, and saw Mr. Weston point out two black bags; Homewood was present; Mr. Weston asked Homewood what they contained, he said "Tools"—Weston said to me, "Just feel these" I did feel them, and I said, "They are cut-glass work of chandeliers, I should imagine"—Homewood said nothing to that—Weston said he would call the police in, and the police were sent for—I did not see the policeman there; I did not see the bags opened, but I saw them afterwards and they contained miscellaneous chandelier work, cut drops, star pans, and prisms, and a good many—I have been acquainted with such articles for many years—I could not say the value of them.
Cross-examined by MR. BESLEY. Q. Are these the bags that have been produced? A. Yes, I saw no tools in them, nothing but the glasswork—I am a creditor under this bankruptcy—I was a creditor for 184l. under a former deed, I did not get any thing, I have no guarantee—I have been promised to be paid in full, by a partner of Weston'g; I expect the whole of my money—I have been in business all my life; I began at four years of age.
MR. METCALFE. Q. Have you been promised your money by Mr. Abrahams? A. Yes; Mr. Weston said Abrahams should pay me—my attention was called to a large quantity of glass in the cupboard under the staircase, by Mr. Weston.
EDWIN CORBETT . I live at 53, Oakley Street; I am a gasfitter and brass finisher—on 26th August, I attended the sale at the bankrupt's premised—I bought three lots there, which came to something like 35s.—I went on Friday, 27th, to clear the goods, amongst them were some fixtures which they objected to my pulling down—I went again on Monday, 30th, and found I could not get in—on the 31st, I received notice to attend at the premises on 6th Septemter—I went and saw the place broken into—I think I
was about the second one that went in—before that, Homewood had called on me—I won't be sure of the day, but it was one day in the interval of the week—he said I was to some on the following Monday for the fixtures—I had paid for them and could not get them—when I went on the 6th, they again refused to let me have the fixtures—I had paid the bill for them, and could not get them; when I went on the 6th, they refused to let me have the fixtures—Walker, one of the porters was there—some glass drop were shown me, and he said they were a sample of a lot he had got, and would I buy them—they were on the right hand side of the foundry, covered over with a cloth—a tall young fellow, I don't know his name, came into the foundry and said "Joe, I believe then are some things planted here, I am going to have a search"—Walker showed me some ingots of brass—he was just about showing them to me when the fair young man came not—Walker said there were loads of things that I could buy there—I bought a lot of glass and iron-work of Homewood, at 2s. a cwt.—I think one was 2s. 6d., and the other 2s. a not—I could not tell you to a few cwt. how much I bought—I daresay I had twenty or thirty cart loads—it is a small pony cart—it would hold six or seven cwt—the porter put them into the cart for me—I can't say which porter, because I was rather busy—my young man brought the best pert of them away—when I got home I found some very valuable things amongst them—there were some cut glass dishes; I won't be certain to the number, but something like ten or eleven—they are the bottom dishes of the chandeliers, some glass arms of chandeliers, steel taps, chisels, and parts of a lathe—I daresay in the way I sold them I made 30. or 40. by them in the course of three weeks; at 2s. a cwt. they would come to about 4l. or 5l.—I don't know whether any of them had been put up at the sale; I don't think they had—a day or two after I had got them home, Walker came and wanted two or three pounds, and he abused my misses for some money—I never promised him 2l.—I came home just as he was going away, about 1.45—he was actually sitting in my place till 2 o'clock in the morning—there was Walker and another, a slim young man, I think they call him "Dick"—I did not consider I had any money to give them, I bought and paid for the things in a legitimate way, and if they chose to put in valuable things it was nothing to me—he came several times afterwards and wanted money, and Homewood came and called me a shabby fellow, and said I ought to give him a pound or two—I did not offer him a half-sovereign—he said he considered I had got to give him two of three half-sovereigns—I did not give him anything, except it might be a shilling for drink.
Cross-examined by MR. SERJEANT SLMIGH. Q. Was anybody present, besides yourself, on any of the occasions when Homewood and Walker called as you say? A. One of the porters they called Richard—he has been a witness here, to-day; I believe I saw him out in the passage—that is the one (pointing to Blanckard)—I have been sitting in the passage outside all day—I have not been speaking to anyone who came out of Court—I was accused of doing so, but we were only talking about where we should go to have a half-pound of rump steak, nothing about the trial; I swear I have not spoken to anyone about the trial—I had never put my foot inside the premises before the sale, and knew none of the persons—I did not tell Walker that there were some things hid away; I could not, because I did not go to the place; I never said a word of the kind to him—when he called at my place, I did not say that I knew of anything being hid;
nothing of the kind—I know the Tankard public-house, next to the bankrupt's—I did not tell Walker there that I knew of some things being hid away—I could not possibly know, I had not been inside the place before—I did not tell him to on 6th September, not a word of it—I don't owe Homewood a halfpenny—I have carried on business at 35, Oakley Street about eighteen months; I have been in the neighbourhood ever since I was a child—I have been brought up to the business all my life—I work with my father—he lives in Waterloo Road, and has done for twenty-eight years.
MR. METCALFE. Q. Did you know anything of the prisoner before the sale? A. I never spoke to him in my life, or the son—I and the son got to high words about my having his benches—he was going to have me put out by a policeman.
EMMA CORBETT . I am the wife of the last witness—I have seen Walker at my place on several occasions—he first came a few days after the sale—altogether, I have seen him five or six times—he came one night rather late, and stopped till nearly 2 o'clock in the morning, when my husband came home—he asked for money for what goods he had put into my husband's cart, and said he thought he was a very shabby fellow not to give him a few pounds—my husband said he did not think he ought to give him anything—on each occasion he came he asked me for money—I saw Homewood once; I did not hear what he came for, he went with my husband to a public-house opposite—neither of them had come before the sale at all—I had never seen them before, or Mr. Weston either—I saw everything that my husband bought—there was a lot of broken glass, and parts of a lathe, and a few drops, and some glass dishes; not a large quantity—there was a great deal of glass; it was mostly broken—there were some glass arms for chandeliers; some were whole, and some broken—the dishes were not all broken—they were packed in boxes and baskets very carefully.
FREDERICK THOMAS DUBOIS . I am a solicitor, of 3, Church Passage, Guildhall Yard—at the latter end of November or the beginning of December I was retained on the part of some of the creditors to attend to this matter—I attended an adjourned meeting on 9th or 10th—the bankrupt was there—I heard him ask the Commissioner to adjourn the meeting—all three parties asked it, and we protested against his examination going on until the matters I was directed to inquire into had been cleared up—the matters to be inquired into were the dealings of Cohen with the bankrupt, prior to the bankruptcy—I think there was an adjournment of three months, to the 10th March—I prepared the affidavit that has been mentioned, on 8th February—it was sworn on the morning of the 9th—that was in order to have a private examination of Cohen—I knew Abrahams was out of the way—I applied for a private meeting; but as the form in which the meeting was asked for was not regular, the Registrar gave me leave to turn it into an application to expunge Cohen's proof, so that the meeting was public, and was appointed for 1st or 2nd March—on the morning of 13th February, Mr. Evans called on me, and I told him I had obtained a private meeting to examine Cohen—he said "Yes, and I have obtained a warrant to apprehend the bankrupt; do you think he will surrender?"—I said, "I don't know; I suppose he will, but I shall be seeing him in a day or two, and I will tell him"—I saw him on the 17th, and I wrote a letter to Mr. Evans, by the bankrupt's instructions, on that morning, stating that if he would inform me at which police court the warrant was issued, he would surrender—I received
no answer to that, and on 19th I wrote again, requesting an answer—I received none—I made inquiries, and on 20th I wrote again, stating that he would surrender at Guildhall, at 2 o'clock to-morrow—I attended there with the bankrupt and his bail, and then ascertained that the warrant was not issued from Guildhall—on 24th I wrote again to Mr. Evans, and on the following day I attended at Lambeth Police Court, and put in bail—I did not receive any answer from Mr. Evans to any of those letters.
Cross-examined by MR. BESLEY. Q. You know that Mr. Evans called at your office, although he did not see you personally? A. No, I am not aware of it—my clerk keeps a memorandum book—I have no recollection of his telling me that Mr. Evans had called—I don't say he may not have called, but I had no information of it—I think I received a letter from Mr. Evans on the same morning that I went to Lambeth; whether I received it before I went, or found it afterwards, I won't be certain—Mr. Sidney was the solicitor on the petition—I did not succeed him—I heard nothing of the matter till the end of November or the first week in December—I don't know what solicitor intervened between Mr. Sidney and myself—Mr. Alfred Weston called on me some time in November; that was not the first time I had seen him—the summons to expunge the proof of Cohen's debt was dismissed, with costs; we did not succeed, with the materials before us, and there were certain circumstances which I need not go into—I won't be certain whether Cohen's debt included the costs of a Chancery suit, where the same attempt had been made; I think not—I was not concerned in any application to the Court of Chancery to restrain Cohen from proving under the bankruptcy, or to restrain him from seing; I did not come into it till November last—I believe Cohen's debt included the costs of a Chancery suit, but that was a small portion of it—some papers came into my possession for the purpose of conducting this inquiry.
MR. SERJEANT SLEIGH, in reply, recalled:
HENRY HOMEWOOD . There is a lot in the catalogue, 283, a quantity of old metal and metal patterns, at per pound: that was sold at the sale, and not cleared—I don't know how it was disposed of—I never could find it afterwards—there were two lots of brass work, one was 109 lbs., the other 106—I had it weighed out, at least one of the men had, and took the weights, and I left it all in a lump—I did not negotiate with Alfred Weston for the sale of it to him—it was bought by a man named Simmonds, but I could not spare time to weigh it when he came for it; it was not weighed out for young Weston—I never had any agreement to sell it to him—I was present when Corbett was examined, and heard his statement about the quantity of things he removed—he removed 503 quarters of old iron, and 4 cwt of cullet, that is broken glass, drops and broken pans—cullet is sold at 2s. a cwt.—the iron was bought by Garshon, at 12s. 6d. a cwt.—he came for the goods and I could not deliver them to him—I have his ticket made out at the time—that was a portion—then there was 2 cwt. in another lot, which made 17s. 6d.—besides that, I sold Corbett some other goods; a step-ladder, and several other lots, making 1l. 17s. 6d., which he asked me to call at his house for—there is not the slightest truth in his statement, that ten cart loads of goods were taken away by him after the sale.
MR. METCALFE. Q. Have you the entry of the quantity you sold? A. Here it is—that is what I sold to Corbett, in parcels, of Garshon's lot—no ticket was made out to Corbett, because I am allowed to sell any uncleared goods that are not paid up—I don't know that I saw those packed
that Corbett took away—I did not see any glass dishes amongst them—I could not swear that there were not any—I saw a great many glass dishes in the place; whether Corbett took any I don't know—I can swear I never saw any whole glass dishes delivered to him; if he had any it was cullet—anything that has a flaw in it is cullet—the chandeliers I bought were not cullet; here is the bill to show where I bought the drops to complete my unfinished chandeliers—I daresay there were dishes delivered to Corbett with flaws in them, I can't tell—there might have been parts of a lathe, I don't know—it is quite likely there might to glass arms of chandeliers; they would come in as cullet if broken.
MR. BBSLIT. Q. Was anything sold to him except broken things? A. No—I bought three chandeliers, in one lot; they were unfinished, and I have the bills where I bought the drops to finish them—I did not finish them from drops that I had at the sale—I bought them of Hodges & Defries.
EDWIN CORBETT (re-examined by MR. SERJEANT SLEIGH). I hare lived either at my father's or at my own home all my life; that is true—I have lived in a school, not the British School at Lambeth, at the other side of Battersea—I am twenty-seven years of age—I am my father's eldest son, he is a gasfitter; when I was a lad about eleven or twelve I got into trouble once, and was convicted summarily before a Magistrate for stealing, only once—I know that gentleman (Capt. Layland) he is the governor of the Reformatory—I could not say how long I was in the Reformatory, I was in gaol three months before I went there; I was convicted at Lambeth—I dare say I might have been something like twelve months in the Reformatory—I may have told Captain Layland that I had been a very bad boy, and had stolen many things, such as apples from greengrocers' shops; I have arrived at manhood now, and have forgotten all those frivolous things—I can satisfy you of my respectability since; I have never been in trouble since I left the Reformatory.
MR. METCALFE. Q. The Reformatory did its proper work? A. It did, and I am very thankful that I ever went there—the summary conviction was for taking some milk, or something of that sort.
NOT GUILTY .
Before Mr. Common Serjeant.
436. ELIZABETH JORDAN (13) , PLEADED GUILTY to unlawfully obtaining by false pretences 8s. in money, and a quantity of postage stamps, with intent to defraud.— Six Month's Imprisonment and Five Years' in a Reformatory.
MR. POLAND conducted the Prosecution.
WALTER ASHTON . I am barman at the Montpelier Tavern, Walworth—on 9th April, I served the prisoner with a glass of ale, which came to 1 1/2 d., she gave me a bad shilling—I said, "This is bad"—she said "Is it, I have only a 1d."—I said, Then you had better have 4d. ale," and changed it—I bit the shilling to make a visible mark on it, and gave it back to her—this is it (produced.
) JOHN DILSON ALLEN. I keep the Montpelier Tavern, Walworth; I saw the prisoner there pass the bad shilling; I walked to the door to call a constable, and saw a man waiting on the other side of the way (See next
case)—the prisoner put something to her mouth and joined him—I asked a man to follow her.
JOHN WOONTON . I live at 33, Princes Street—Mr. Allen spoke to me, and I followed the prisoner about a mile and a half, and saw her join Thompson, 200 yards from the Montpelier Tavern—the prisoner went into a beer-house; Thompson remained outside, she came out in a minute, joined Thompson, and they walked on together—she left him again and went into a confectioner's shop, in Camberwell Road—he remained nearly opposite—she came out and joined him, and I went to the police-station, got a constable, and pointed them out to him—he took them, and I saw the prisoner throw a shilling into the street—I picked it up and took it to the station.
Prisoner. You said before the Magistrate that the man threw the shilling away—(The witnee's deposition being read, stated: "I saw a shilling drop in the road, from the direction of the prisoners"), Witness To the best of my belief it dropped from you—the constable bad got you one on each side of him.
LOUISA BUTLIN . My mother is a confectioner, of Camberwell Road—on 9th April I served the prisoner with a Bath bun, which came to 2d.—she gave me a shilling, which bent easily in the detector—I gave it back to her, took the bun back, and she left.
Prisoner. I never was in the shop. Witness. I am sure you are the person.
ALBERT MCPHERSON (Policeman P 306). I took the prisoner and Thompson—I saw a shilling thrown from Thompson's left hand—I called to Woonton to pick it up—he did so, and gave it to me at the Station—I searched Thompson, and found two bad shillings in his right coat pocket and one bad in the left.
She was further charged with a former conviction of a like offence, at this Court, in the name of Elizabeth Hinds, when the was sentenced to Seven Years' Penal Servitude, to which she
The same evidence was repeated.
Thompson's Defence. I am guilty; poverty compelled me to do it.
GUILTY .—GIBSON**— Ten Years' Penal Servitude.
THOMPSON— Nine Month Imprisonment.
MR. POLAND conducted the Prosection.
ESTHER AVERY . My father keeps the Dun Horse, High Street, Borough—on 28th March the prisoner came in and asked me for sixpennyworth of coppers for sixpence—I gave them to her, and she gave me a good sixpence—I said "We have so many, we are glad to get rid of them"—she then asked me for a shilling's worth of coppers—I gave them to her, and she gave me a shilling, which I tried in the detector, and broke a piece out—I told her it was bad, gave it back to her, she gave me the coppers,
and went out—I saw her in custody the same day—Mrs. Gulliver was present.
SARAH GULLIVER . I am servant to Mrs. Pickett, of High Street—I was in the Dun Horse, and saw the shilling broken and returned to the prisoner, who went out, and I went home—I saw her again the same day, and am sure she is the person
Prisoner. I never saw either of you.
ISAAC WILLIAM ROSSER . I am assistant to Mr. Pickering, 148 and 149, High Street, Borough—on 28th March, about 1.30, I served the prisoner with some bread, which came to 1 1/2 d., she gave me a shilling, I gave it to Pyne who took it up stairs, and came back and said "This is a bad shilling"—the prisoner said "It is not"—Mrs. Gulliver came and said "I saw you at the Dun Horse, a short time ago, trying to pass bad money—the prisoner said "I was not"—I gave the shilling to Ward, my assistant.
ORLANDO PYNE . I am assistant to Mr. Pickering—Mr. Rosser gave me a shilling, on 28th March, in the prisoner's presence—I went up stain with it to Miss Smith and to my master, who both bit it—I kept it iu sight, it was handed to me again, and I took it down stain and placed it on the counter saying "This is bad"—the prisoner was in the shop, Mr. Rosser took it up.
Prisoner's Defence. I was not aware it was bad; I was never in the first house.
GUILTY — Nine Months' Imprisonment.
MR. POLAND conducted the Prosecution.
MARGARET DIXON . My husband keeps the George public-house, Balham Hill—on 31st March, about 3 o'clock, the prisoners came in together, and Mills called for a half-quartern of peppermint, and gave me a florin—I gave him the change, they drank the peppermint, and left together—I put the florin in the till—there was no other florin there—I afterwards took it out, and found that it was bad—I put it on a shelf where there was no other coin, and afterwards gave it to a policeman.
Barlow. Q. How long had we left when we came back to your house? A. The policeman brought you back two hours afterwards—I am sure the florin is the same—you did not hurry out of the house.
MARY JANE BARNETY . I am barmaid at the Balham Hotel, about half a mile from the George—on Thursday, 31st March, I was serving at the Duke of Devonshire, which is about ten minutes' walk from the George—about 3.30, Mills asked me for a pint of cooper, and gave me a florin—I saw that it was bad, at once—Mills said "Miss, do you know that you have not given me my change"—I said "No, I do not intend to; I do not know whether you know what you have given me"—he said "Will you allow me to look at it"—I said "No, not till you have paid for the cooper," and I
told him it was bad—he put his hand in hit pocket, and pulled out a half-crown, a sixpence, and four penny-pieces—he gave me 3d. in copper, and they went away together—I gave the florin back to Mills—I am sure it was had.
Barlow. Q. Was it a half-crown, or a florin? A. A florin—I bent it, and marked it with my teeth?
ARTHUR CARTER . I am a labourer, of 18, Winstanley Road, Battersea—on 31st March I saw the prisoners at Balham—they left together, and I followed them about half a mile, when I met a policeman, and we went after them together—they turned round, and saw us 400 or 500 yards behind them, and started running—we pursued them, and called after them once or twice—we followed them three miles—I outran the constable, and caught them; he came up and took them.
Barlow. Q. When you called out, did we stop? Yes; I was about 10 yards behind you—you asked what you were to come back for, and I said I did not know—you went back and met the constable.
HENRY HARVEY (Policeman V 268). Carter spoke to me at Balham railway station, and pointed out the prisoners—I went with him—they looked back and saw us together—we followed them about three miles—Carter got before me, and caught them—I went up, and told them they were charged with uttering counterfeit coin at the George, at Balham—Mills said "I have not been there"—they both said that—they turned their pockets out there and then, and on Mills there was a sixpence, and on Barlow a half-crown and a halfpenny—Mrs. Dixon gave me this coin (produced).
GUILTY — Six Months' Imprisonment each.
Before Mr. Barm Pigott.
MR. WRIGHT conducted the Prosecution.
MR. NEWLAND. I am resident superintendent of schools at Wandsworth Reformatory—I heard a cry of "Fire" and found the workshops in flames—I tried to put them out—they were destroyed entirely—in consequence of something I heard, I called the prisoner to me that evening, and told him I was going to ask him one or two questions—I asked him if he was the boy who set fire to the hay-loft—he said "I did"—he also said that one of the other boys (who was charged with him before the Magistrate) supplied him with the matches, and a was lucifer to do it—I am sure he said "To do it"—I said so before the Magistrate—the servant maid, Elizabeth Cremer, supplies the matches—she is not here.
JOHN LAYLAND . I am manager of the Reformatory and Schools, at Wandsworth—the institution is built on my estate—on Wednesday, 6th April, I was sent for, and arrived there at 11 o'clock at night, when the inmates had retired to rest—next morning, after breakfast and prayers, which I conducted for the boys, I sent for the prisoner, and said "How came you to be such a wicked boy as to set fire to the premises?"—he said "I was told to do it"—I had said nothing to him by way of caution—I said "Who told you to do it?"—he said "Ross told me to do it, and supplied me with the materials to do it with"—I asked him what he supplied him with—he said "A match and a taper"—I said "Were you under punishment?"
—he said "Yes"—I said "Were you on bread and water?"—he said "No"—I said "Had you been flogged?"—he said "No"—I said "Then, what was your punishment?"—he said that he was put to sit on a form by himself—I said "If he had told you to jump into the river, would you have done it?"—I do not think he made any reply—I afterwards had the same conversation with him in Ross's presence—(The Bill against Ross had been thrown out by the Grand Jury)—Roes said "I gave him the match and the taper, but I did not think he was going to do what he did do"—the prisoner made no reply to that—in consequence of Ross being afflicted he was put in the school, and employed to light the gas there, which no other boy was allowed to do—he gets matches one at a time from the kitchen, and keeps the taper in a drawer—he would not have the match before 7 o'clock that day—they only give him one; we are very careful about that—the servant, Elizabeth, gives out the matches—the prisoner had no right to be in the loft at all, nor had any of the other boys—a master has the charge of it—there is a lock and key, and if he had done his duty, this would not have happened—a range of buildings, two storeys high, value 3,000l., were burned down—they were not insured, as there was no fear of fire, because then were no fires there—the whole of the stock, and the shops and stables were destroyed—they belonged to me—I feel a great interest in the work, and I have seventy-five out of every hundred boys turn out well.
JOHN GIRDLER (Police Sergeant V R) I took the prisoner, and two other boys—Mr. Newland said "I give these two boys in custody for wilfully and maliciously setting the place on fire"—neither the prisoner or Ross made any reply—they were taken to the station.
The Prisoner's Statement before the Magistrate: "Ross did not tell me to do it at all."
Mr. Layland stated that the prisoner was very bad-tempered; that he had been placed with the gate-keeper two months before, as his health was delicate, and took that opportunity of letting two of the inmates escape, for which his only punishment had been to sit by himself, and that hit original sentence was one Month's imprisonment and five years in a reformatory.
Ten cuts with a birch rod, and Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. MOODY conducted the Prosecution.
ELLIN CIARLES . I am the prisoner's wife, and live at Clarrington Road, Southwark—I have three children, and a month or so before this occurrence he left me and them—I found out that he had been working at Deptford, and I went to the shop with two of my children—I said "Here are your children, you must do the best you can by them—we had a scuffle in the shop, and he struck me on the face, but I believe that was done in the heat of his passion—he put on his coat and left the workshop, and left his tools behind him—I picked them up, and took them away with me—when I got a little distance from the workshop I saw him again, with a boy named Copping—my husband came behind me, and asked me for his tools—I refused to give them to him—he took them from me—in doing that a knife fell on the ground—he picked it up and was going away—I turned round to box the boy's ears, when my husband came up again and struck me—I believe there was a knife in his hand, but I was excited at the time—he struck me two or
three times—my arm was cut in three places, but it is well now—I went to a surgeon—as soon as my husband out my arm he went away—I went after him, and gave him into custody.
ROLAND WARD . I am assistant to Mr. Philips, surgeon of the P division—on 1st April, I was called to the Peckham police-station and saw the proseculrix, and she was weak from loss of blood—I found an incised wound on the fleshy part of the fore-arm, a punctured wound on the elbow and an incised wound on the third finger of the right hand—the wounds could have been produced by a blunt-pointed instrument—I dressed them and did not see her afterwards.
Prisoner's Defence. When I went to the protection of the lad, having the tools in my hands, I put my arm up to protect my face, and out her arm—I did not intend to do it.
NOT GUILTY .
MR. LANGFORD, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. LANGFORD conducted the Protecution; and MR. W. SLEIGH the Defence.
ANN GREEN . I am the wife of Daniel Green, and live at 12, Little Manor Street, Clapham—I am a fruit seller—a little after midnight, on the 16th April, I was washing up my room—my husband had gone to bed at 8 o'clock, and my children at 10 o'clock—I was doing my work as I had to go to market in the morning—I heard loud shouts and noises at the door—I saw the two prisoners and Mr. Smith and James Denny there—they called to my husband, using bad language, and telling him to come out—I said my husband was in bed, and they ought to be in bed—Smith used very bad language, and Skidmore took up a brick-bat and threw it at me—it hit the wall close to where I stood—I called my husband and children, and then he caught and struck and kicked me, and put me down and knelt on me—I saw Mr. McDenny, the surgeon—I was very excited and he gave me no time—he said he would have nothing to say, and told me to go in doors.
Cross-examined. Q. Did not you say when you were at the Police Court that you saw your pocket cut away, and two punses taken? A. Yes, and so I did—I did not tell the inspector, he did not give me time—I had not been drinking—I never drink anything but tea; I can't afford it—I don't know where the prisoners lived; I know they passed my bourn every morning, on their milk rounds—Mr. Smith struck my son—my son did not strike him—my son is here; he Is twice as big as the prisoner—he never hit anybody in his life, and was never locked up in his life.
THOMAS BRADY (Inspetor W). About 12.30 on Saturday morning, 16th April I was called to Mrs. Green's house, hearing cries of "Murder!" and "Police!"—I saw Mrs. Green, a girl about 10 or 16, and a strapping fellow about 22 or 23—I did not see the prisoner or Denny and Smith—there were several people there—Mrs. Green stated that she had been assaulted and knocked down—I did not see any marks on her—she was certainly not in a proper state—she had been indulging—I said the best thing she could do was to go in doors, and she went in—the daughter and son both complained
of having been assaulted—there were no signs of it or marks on them.
DANIEL GREEN . I live with my father and mother, at 12, Little Manor Street—on 15th April, Good Friday, I went to bed about 12 o'clock—on Saturday morning I heard a lot of shouting, and my mother's voice calling "Murder!"—I got out of bed went down and saw Mr. Smith, Mr. Skidmore, Mr. Denny, and another man, and my mother and sister—I heard Smith call out for Green—Skidmore said "Here comes the son, give it to the b——or else I will"—I don't know what he did to my mother.
Cross-examined. Q. Did you see the pocket cut away, and the purse stolen? A. No, I have never seen the purses, and don't know what they are like—I might have struck Smith in self-defence; but I was struck first—Smith knocked me down, and kicked me on the head—I have never said that before, because they asked me so many things—I had been at work all day on Good Friday, till 7 o'clock in the evening—I went to a public with my young master after that—we only went to one public-house—I did not drink more than three glasses of ale—I had my meals at home—my mother has a glass now and then—she does not make a practice of it—if she drinks anything she drinks ale—I did not hear anything about my mother being robbed until after the inspector bad gone.
ANNIE GREEN . I live with my father and mother—on the evening of Good Friday I went to bed about 10 o'clock—sometime after 12, I heard a noise outside the door, and heard my mother call my name—I went down and Mr. Skidmore had mother down, and was striking her—Mrs. Skidmore, and Denny, and Smith were there—my brother came out, and they said "Here is the son, give him a good hiding;" and this man came away from mother and struck him—the prisoner shoved my mother down, and knelt on her feet—they used very bad language—my mother was not at all intoxicated—my father went to bed about 8 o'clock.
Cross-examined. Q. Did you go outside the house? A. Yes—I saw the pocket taken—I saw it in the prisoner's hand—he ran away with it—I expect he came back again—Mrs. Skidmore stole the shawl and ran away with it—she went up the lane—Smith knocked Daniel down, and he knocked my mother down afterwards, and got hold of her by the hair of her head—she had no bonnet on—they most brutally ill-treated her—I was there when the inspector and constable came up—my mother was very excited, and talked a great deal—I don't know what she said—she did not say anything about being robbed, nor did I.
WILLIAM GREEN . I live with my father and mother—I went to bed about 8 o'clock, the same time as my father—I heard a row and came down, and Skidmore had my mother down, and he had her pocket in his hand—I went to take it away from him, and he struck me—he punched my mother and pulled her hair—a policeman came up and he ran away—he used very bad language—Smith held Daniel down, and Skidmore held mother down—I was trying to get her away from him, and he struck me.
Cross-examined. Q. Why did not you run and tell some of the neighbours? A. I did not know what to do—I was examined at the Police Court—I said there that the prisoner struck me—I don't know whether it was written down—my mother was very excited when the inspector came up—I did not hear what she said, or what the inspector said—I did not hear him say, "If you have been assaulted, take out a summons"—I did not hear my mother say anything about the robbery—I did not tell the inspector—he was two or three yards from me.
NOT GUILTY .
—PATTMAN PLEADED GUILTY — Eighteen Months' Imprisonment.
—MR. STRAIGHT, for the Prosecution, offered no evidence against
WHITE and POULTON.— NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
MARIA BISHOP . I live at 32, Queen Street, Webber Street, and am the wife of John Bishop—the prisoner lodges next door to me, with my sister and her husband—I was sent for next door, my sister was in bed, she had only been confined two days—the prisoner was breaking the things—I told her she ought to know better, and she put her hand across my mouth and tried to choke me—I got away and went up stairs to my sister—when I went down the prisoner rushed at me with the knife and cut me on the forehead, and said "Take that you b——cow"—I had not struck her before or called her names—I went to Mr. Blades, the surgeon, and he strapped the place up.
GEORGE BAKER . I am a clerk, and lire at Caledonian Street, King's Cross—there was a quarrel first between the landlord and the prisoner about a cup of tea—I put the landlord out of the room—Maria Bishop came in afterwards—she was afterwards put out of the room, and I put the latch of the door down—I tried to make the prisoner quiet—Mrs. Bishop called her names—I got between them, and the candle was put out as the prisoner struck Mrs. Bishop—I don't know what the effect of the blow was—I did not see a knife in her hand—I did not hear Mrs. Bishop call out—a policeman came afterwards—he brought Mrs. Bishop into the room, and I saw she was bleeding from the face.
JAMES SIMS . I am landord at this house—the last witness and the prisoner had been for a walk on this afternoon—they had a game of cards—I afterwards made tea for the prisoner—she was rather cross, and began quarrelling about the tea—I said I never allowed a woman to dictate to me, and she struck me and gave me a black eye, and in the scuffle we knocked down the sideboard—I said I would give her in charge, I would not have my things broke, and while they were fetching the policeman there were cries of "Murder!"—we pushed the door open—before I went for the policeman there were three knives on the table—I did not see the blow—I was out of the house.
Prisoner's Defence. Mrs. Bishop rows at me and says, "I will give it you." I said "If you strike me I will strike you." She went out, and came back again and said "You b——cow, I will cut you down." I said I would not be cut about, and I did use the knife, more to frighten her than anything else. She came at me with the candiestick, and I did it in self-defence. I was very sorry for it, and went for a doctor, and did all I could. It was more a quarrel than anything else.
NOT GUILTY .
ADJOURNED TO MONDAY 6TH JUNE, 1870.