CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 6TH, 1870.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hands Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
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, June 6th, 1870, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir COLIN BLACKBURN , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir HENRY SINGER KEATING , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir DAVID SALOMONS , Bart., M.P., Sir ROBERT WALTER CARDEN , Knt., Sir WILLIAM ANDERSON ROSE , Knt., and Sir THOMAS GABRIEL , Bart., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; SILLS JOHN GIBBONS , Esq., Sir SIDNEY HEDLEY WATERLOW , Knt., 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., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 6th, 1870.
Before Mr. Recorder.
Upon the evidence of MR. JOHN ROWLAND GIBSON, surgeon of Newgate, the Jury found the prisoner insane, and unable to plead.
Ordered to be detained until Her Majesty's pleasure be known.
MR. SERJEANT BALLANTINE, with MESSRS. POLAND and F. H. LEWIS, conducted the Prosecution; and MESSRS. METCALFE and BESLEY the Defence.
BERTRAND ROBERT JOHNSON . I am a clerk in the Court of Bankruptcy—I produce the proceedings in the prisoner's bankruptcy—he is described as Joseph Page, of 23, Westbourne Place, Paddington, grocer and wine merchant—the petition is of Samuel Roger Thorns and Arthur Willis Thorns, dated 26th August, 1868; the adjudication bears the same date—I produce the accounts which were filed—the ten days' statement was filed on 27th November; it shows the amount of liabilities to be 4118l. 13s. 10d., the assets 889l. 15s. 8d.; deficiency, 3228l. 18s. 2d.—I also produce a deficiency account filed on 5th February, 1869, showing a deficiency on 13th February, 1868—it is signed by the defendant—I do not know his handwriting.
B. R. JOHNSON (continued). I produce an account filed on 25th March, 1869; it is an account with a person named Burton; it is among the bankruptcy proceedings—I also produce the proceedings in the prisoner's
bankruptcy, in April, 1866; he is described as of the same place; he got his discharge on 14th June, 1866.
Cross-examined. Q. Have you all the proceedings of the former bank-ruptcy? A. Yes—it appears from those that he was, immediately before that, in partnership with a person named Ward, and that Ward became bankrupt—I don't see the date of Ward's bankruptcy, but I see the defendant is described as lately in co-partnership with Joseph Ward—I have not been asked to bring the proceedings in Ward's bankruptcy—the two bank-ruptcies were not amalgamated—at the same time this deficiency account was filed there was a goods and cash account also filed; it gives an account of all the goods he bought and sold from 1st February, 1868, and the cash received and expended; it includes the goods sent to Burton's and the cash received from him.
HUGH GROSVENOR . I am clerk to Mr. Kent, accountant, of 55, Basing-hall Street—I have been acting as accountant for the bankrupt—I prepared various accounts for him at the request of the Court of Bankruptcy—I made out an account of his dealings with Mr. Burton; I have the original draft of it; it shows from whom he bought the goods, when, at what price, when they were sent to Mr. Burton for sale, and what the goods realized—that account was made out in pursuance of an order of the Court of 16th February, 1869—I saw the bankrupt about it two or three times, while I was preparing it—I made it out from invoices, generally—I got from the invoices the particulars of the goods supplied, and I got from the books the dates, and the amount of money received from Burton, and in that way I made up the account—I did not see the bankrupt after the account was complete; the last time I saw him about it, I had about a couple of hours more work to do to it—he dictated this memorandum to me to write upon it—(Reads: "Memorandum. I kept no account of the goods which I sent to the said William Burton for sale; I have applied to him for the particulars thereof, and he informs me that he has no account of the same; I have therefore made out this account to the best of my knowledge")—A copy of that account and memorandum was filed by me in the Court of Bankruptcy—(MR. POLAND stated that the account extended from February, 1868, to August the time of the bankruptcy, and showed a loss, during that period, of 316l. 17s. 7d.)—The goods sold to Mr. Burton were bought of the Chinese Tea Company, Thorns, Williams & Co., Roper Brothers, Nash, and Arnold.
Cross-examined. Q. In making up that account, did the bankrupt give you every information as far as he could? A. Very little information indeed, he was unable; he gave it as far as he could—he went to Mr. Burton's for the express purpose of ascertaining—he said that he was unable, even with Mr. Burton's assistance, to do what was wanted—that account was made out from what information he could give me after seeing Mr. Burton, and also from consulting the invoices—the bankrupt gave up twenty or thirty books to the assignees—I have had an opportunity of seeing those books; they were very well kept—in the ten days statement the stock in trade is stated as sold for 269l. by Messrs. Broad & Pritchard, the auctioneers to the assignees—I believe Messrs. Honey & Humphreys were first instructed; I saw Mr. Baggs, their managing clerk, at the Police Court, and heard him examined as witness for the prosecution—I was first consulted in 1868—I did not go on the premises in August, 1868—I am not aware whether Mr. Baggs did—the prisoner told me that Honey & Humphreys' people had gone over his property and made an inventory of it;
I did not see it—the prisoner told me they had estimated his stock at the time of the bankruptcy at 700l. at cost, and that Mr. Baggs afterwards estimated it at 270l.; he said he had given up possession in August, and they had carried on the business, and that there were no returns of the takings during that time—he said he thought the stock was worth more than they had put it down at—I can't remember whether he said it was worth 1000l.—I found no return of the takings during the six weeks they carried on the business—the amount of ready money sales was about 300l. a month—the amount of sales from 1st February, 1868, to August, was 6916l., including ready money sales—all that money was brought into the concern and paid away to creditors or expended in the business—the ready money sales in that period only amounted to 2100l., the rest was book custom—about 80l. was paid by the prisoner to bond fide trade creditors in the course of the last month, August—during the last three months he paid to Williams & Co. 32l., to Nash 116l., the Chinese Tea Company 292l., Thomas & Co., the petitioning creditor, 229l., and Arnold 119l.; that makes somewhere about 800l.—I find upon investigation that the money which came from the sales to Burton went also into the business; it is included in the 6916l.—there is no examination of the bankrupt on the proceedings—the last examination, 21st January, 1870, was a formal meeting without any examination—the order for this prosecution was obtained on 11th March without his being heard—in making up Burton's account I have entered some of the goods as mixed; that means mixed in stock after they came from the vendor—the prices were given me by the bankrupt at the time as nearly as he could estimate them—I have no means of saying what the mixture consisted of.
MR. SERJEANT BALLANTINE. Q. You obtained from the bankrupt, I presume, his own account of all the transactions he was engaged in, as far as he was enabled to give it? A. Yes, and those accounts formed the staple upon which the proceedings were founded—I supplied the Court with all the information I obtained from him—Williams & Co. are creditors to the amount of 66l. 2s. 8d.; that is after the payment of the 32l.—goods were afterwards supplied by them on 4th August to the amount of 32l. 11s.—Nash's debt is 203l.—the last goods supplied by him were on the 13th, to the amount of 72l.—the 115l. was received on the 15th—the Chinese Tea Company were creditors for 648l. 16s. 10d.—200l. was paid to them on 27th July—the last goods supplied was on 20th July, 80l. If.—Thomas is a creditor for 247l.—the last payment to him was on 31st July, 20l. 8s.—the last goods supplied was on 13th August, 3l. 12s.—99l. 18s. was paid to Thomas on 25th July, and 31l. 5d. on 31st—the last payment to Arnold was on 25th July, 44l., and the last goods supplied were on 5th August, 23l.—the deficiency on the last six months' trading was 652l.
MR. METCALFB. Q. In that deficiency is there entered 1050l. as a possible claim from Walter Page? A. 943l., so as to provide against a contingency, in case that claim was made it would amount to so much—that swells the deficiency—Walter Page appears in the list of creditors for 107l.
EDMUND WILLIAM HOARE . I am traveller to Mr. Nash, tea dealer, of Eastcheap—he is a creditor for 203l.—that debt was contracted between 7th May and 20th July, 1868—I sold all the goods to the prisoner—he stated that he was doing a large ready money trade, by doing it after the co-operative system—I had no idea he was selling by auction the goods I sold him, or any of his goods—I should not have trusted him if I had
known it—the co-operative system is one of ready money—I imagined he was taking a lot of ready money over his counter—he had the trade credit, three months.
Cross-examined. Q. You appear to have received from him 372l. between January 7th and his bankruptcy? A. Yes, about that amount, and about 130l. of it during the last three months—there was nearly 40l. due for duty that we had paid for him on 20th February—we did not take bills, we expected the cash for the duty on the Saturday after we paid it—it ought to have been paid at once—there was nothing actually payable to us for goods at the time of the bankruptcy, except a small amount of 6l.—we had been dealing with him from December, 1867, and receiving money from him—a pretty good account—I was not present at the meeting of creditors.
JOHN HENRY LLOYD . I am a wine merchant, of 3, Lime Street—I am now a creditor of the bankrupt's for 66l. 2s. 8d., for wine and spirits—this order of 3rd August I think I received from the bankrupt early on the 4th—(This was an order or a quantity of wine and spirit*, which was to be paid for on delivery, and a cheque on account of the back account would be tent at the end of the week)—the goods mentioned in the order were de-livered, and I received this cheque for 25l. 10s. 6d. back by the carman—it was paid in to my bankers, and returned next day, marked "N S"—that 25l. 10s. 6d. is included in my debt of 66l. 2s. 8d.—I had no idea the bankrupt was selling goods through Mr. Burton, the auctioneer—the other goods making up the 66l. 2s. 8d. were supplied in November, 1867.
Cross-examined. Q. These articles you supplied would be about 1l. a dozen, all the way round, gin, claret, sherry, and Marsala? A. About that—it was good trading stock—whether it was good drinking stock would be a matter of opinion.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did you send what he ordered? A. Yes, and I expected to be paid for it, or I should not have sent it—I am co-partner with Mr. Williams—the last sum we received was 32l.; previous to that we received 28l. on 28th July, on account of the old debt, for goods supplied in the previous November—I hope it is not the practice among wine houses to send wines to auction rooms—I don't know it; it is not in my experience, certainly.
THOMAH GEORGE SMART . I am clerk to Messrs. Thorns & Co., of Mark Lane, importers of wines and spirits—they are creditors of the defendants for 224l. 2s. 1d.—that debt was contracted between 15th May and 26th August, 1868—the last sale was on 14th August, amounting to 19l. 14s. 9d.—I had not the slightest idea that the bankrupt was selling goods by auction—bills were given in the ordinary course—I hold two dishonoured bills.
Cross-examined. Q. They were not due at the time of the bankruptcy? A. No, they were dishonoured in the September and October following—up to the time of the bankruptcy we had been paid about all that was then actually due—the wine we supplied varied in price, it averaged about 1l. a dozen—I don't know that it is a common practice in the trade to sell cheap wines to be sold by auction—my employer is not here, he is indisposed and in the country, unable to attend to business—we dealt with Page and Ward in 1865—we were creditors of theirs in January, 1865—I believe they dissolved partnership—Ward then became bankrupt, and Page shortly afterwards—I believe we proved under Ward's bankruptcy, and under Page's—I don't
know that Ward took all the stock under the dissolution, and than went through the Court, leaving Page to pay all the debts—we have not sent goods to a Mr. Shackell, an auctioneer, in Camden Town, for the purpose of being sold—I don't know the name.
GEORGE SOLOMON SYMONS . I was a wine and spirit merchant, in 1868, carrying on business at St. Dunston's Hill—on 18th June, 1868, I supplied the defendant with wine amounting to 100l. 13s. 9d.—I am a creditor for that amount—the defendant gave me two acceptances, one for three months and one for four months, dated 1st July—they have not been paid—I had no idea when supplying these goods that the prisoner was selling through Mr. Burton, by auction—I had no other transaction with the prisoner.
Cross-examined. Q. Have you your invoices? A. No—I left them at home—this was not very cheap wine—it was about 32s. and 42s. a dozen—I think the lowest was 32s.—the prisoner complained of it—I have no recollection of his offering me 10l. to take it back—I can't say he did not—Mr. Arnold came in in a friendly manner, to arrange between us—I proposed to take off 8l. or 9l.—I don't remember the prisoner threatening to sell it by auction—there are plenty of wine sales in the market—I am not aware that it is the custom to send them to auction.
Cross-examined by MR. SBRJEANT BALLANTINE. Q. Were the bills given for the reduced amount, after the arrangement? A. Yes.
JOHN ARNOLD (re-examined). I am a wine and spirit broker, of 23, Great Tower Street—I am a creditor of the prisoner for 47l. 16s. 11d.—on 13th June, 1868, goods were supplied to the amount of 98l. 1s. 8d.; on 11th July, 51l. 1s. 6d. and 37l. 10s. 11d. for duty—we received cash on account 25th July, 44l.; on 18th July 52l. 1s. 4d., leaving 47l. and 3l. 4s. 6d. for a little matter of champagne—I was not at all aware that the prisoner was selling goods through Mr. Burton—after the bankruptcy I met the defend-ant in the street, and expressed my indignation at his second failure—he said he was forced to do it, as his creditors pressed him, so much.
Cross-examined. Q. Did he tell you he had a creditor from whom he had borrowed money? A. I don't think so—I don't remember it—I had done business with him for some years—I was a creditor under the first bankruptcy—I dare say I commenced doing business, with him in 1858 or 1859—I remember Ward becoming his partner—he was only a partner a short time, and then they dissolved—I heard that Ward took the stock, agreeing to pay the debts, and pay Page his share; but I have no knowledge of it—I valued the stock when they first went into partnership—I was employed to do so by Ward, if I recollect right—I did not value at the dissolution—Page became bankrupt shortly after, and Ward before him, so I heard; but I have no knowledge of the fact—I was a creditor under Page's bankruptcy—that was not for goods supplied to Page and Ward, but supplied to Page only—I think before the partnership; but I am not sure—after I received the dividend under the prisoner's first bankruptcy I continued to do some business with him, on an express understanding that the cash should be paid every Saturday—it was a cash transaction merely, from the day upon which the goods were supplied until the Saturday—that went on for some time—I never took bills from him—I never had any but cash transactions with him after the first bankruptcy—I heard there was a dispute between him and Symons, and I was asked to say what should be done—I suggested that the wine should be returned, and the whole thing concluded.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Do you know Page's handwriting? A. Yes, this is his—(This was an account relating to the former bankruptcy, by which the deficiency appeared to be 3092l. 18s. 7d., the dividend paid being 2s. 10d. in the pound).
EDWARD ROBERT THORNE . I carry on business in co-partnership with two others, in Mark Lane—we are creditors of the defendants for 79l., for goods sold on 10th and 21st July—I had no idea that he was selling goods by auction.
Cross-examined. Q. You dealt with the bankrupt when he was in partnership with Mr. Ward, did not you? A. Yes, and we continued to live with him afterwards—we took bills for our goods at the time of the bankruptcy—we had been paid what was actually owing, excluding the current bills—I attended the meeting of creditors for a short time—Honey and Humphreys were employed as the accountants at that time—I don't know who called the meeting—some accountant was there, who made a statement; but I forget who it was.
WILLIAM ARTHUR STRACHAN . I am secretary to the Chinese and East Indian Tea Company, Limited, in Upper Thames Street—the defendant is indebted to our Company 648l. 16s. 10d.—that debt was contracted between 1st May and 1st August, 1868—on 11th July the transaction was 16l. 14s. 4d.; on 20th July 80l. 1s., and on 31st July 238l. 15s. 3d.—I produce a cheque of the defendants for 153l. 6s. 6d., dated August 4th, 1868—that was given either for teas or duties—it was not paid—it was returned marked "Not sufficient"—I did not know that he was selling goods at Burton's—we thought he was doing a first-class family trade, that was what he gave us to understand.
Cross-examined. Q. Up to 27th July he had not only paid you everything that was due, but actually overpaid you, I believe? A. I think up to that date he had overpaid us, by an error, 10s.—of course other goods were still running on to a large amount—the 153l. cheque was given for tea—we had the duty paid in separate items—we did not take bills—the cheque was in part payment of goods running on—three months was the usual trade terms, without any acceptance—I believe the cheque was sent by post; but I forget—I was not at the meeting of creditors.
WALTER BURTON . I carry on business as an auctioneer, at Broadway, Ludgate Hill—I know the defendant—he first came to us about the latter end of 1866—our first sale for him was on 3rd January, 1867—the first sale in 1868 was on 25th February—we advanced him 80l. on some wines or teas which he deposited with us, and which were ultimately sold for 156l. 17s.—my commission upon that was 4l. 15s. 6d.—63l. 18s. 6d. was paid over to him with the 80l., we had advanced—the next transaction was on March 12th; the sale was 63l. 7s. 6d.—we had advanced him 50l. on 10th March—my commission was 4l. 15s.; the balance, 8l. 12s. 6d., was paid on 14th March—he did not desire that there should be any reserve at these sales—he attended some of them himself—I knew where he was carrying on business—I had not seen the shop—we generally sell linen drapery at our auction rooms—we do not sell one tithe of wine or spirits, we sold some last week—the next transaction was on 31st March, an advance of 150l., and goods sold for 35l. 2s. 8d.—my commission was 26l. 6s. 8d.—he got the rest, not all at once; on 31st March we advanced him 150l., on 8th April 50l., and on the 14th the balance, 68l. 17s.—he bought goods amounting to 5l. 19s.—the next transaction was on 20th April, an advance of 25l.,
on the 29th 100l., on the 30th 80l., May 2nd 20l.—our commission was 21l. 13s. 4d., and there were goods bought, 4l. 4s., and on May 13th he had the balance, 38l. 1s.; the amount of the sale on 7th May was 288l. 18s. 4d.—the next was May 21st, goods sold 104l. 0s. 3d.—there were two sales running into each other—there was also 1l. 13s. 4d. the same day, I imagine that was for something omitted—on June 18th 487l. 13s. 5d.; there we gave him credit for hampers and straw envelopes, 8l. 2s.—the next transaction was on May 16th, cash 30l., May 19th 100l., June 6th 58l., 13th 140l., 15th 60l., 17th 60l., 18th commission 36l. 11s. 11d., 20th cash 40l., tea short 2l. 2s. 11d., 26th cash 40l.—I paid over the whole, minus the commission, July 9th 10l., 14th balance 18l. 2s. 7d.—the gross sale on 13th August was 608l. 17s. 4d.—I had advanced various sums previously on goods deposited, and on the 15th paid the balance, 63l. 4s., my commission being 45l. 13s. 4d—I have the catalogue of that sale—I don't think the prisoner was present at it.
Cross-examined. Q. Is it a common thing to sell linen drapery for tradesmen? A. Yes, we sell plenty of it—I have been where I am twenty-five years, conducting the same business—it is common all over the City for tradesmen to send things to be sold at my place—there are a great many other auctioneers who sell—I don't know whether any of the wine I sold realized more than the prisoner gave for it—I have no means of knowing—I have known wines sold at my place for more than was given for it—I have realized as much as 6000l. at one sale at my place—the prisoner attended two or three sales and bid, and I believe when he was not there he had a man to bid for him.
A copy of the "London Gazette" was put in.
GUILTY .— Nine Months' Imprisonment.
THOMPSON was further charged with having been before convicted.
WILLIAM COX . I am a warder of the County Gaol of Gloucester—I produce a certificate—(This certified the conviction of James Townsend at Gloucester, on 20th October, 1863, after a previous conviction. Sentence six years' penal servitude)—I was present at the trial—the prisoner is the person who was then convicted in the name of Townsend—he was in my custody for a month after his trial—I knew him before his trial, and am certain he is the person.
Prisoner. Q. What do you know me by? A. By your general ap-pearance—I pointed you out among a number of others yesterday in Newgate.
THOMPSON**— Twelve Years' Penal Servitude.
WRIGHT— Twelve Months' Imprisonment.
NEW COURT.—Monday, June 6th, 1870.
Before Mr. Common Serjeant.
PLEADED GUILTY ; she was further charged with a previous conviction of a like offence, to which she
PLEADED NOT GUILTY.
MR. CRAUFURD conducted the Prosecution.
THOMAS DANKIN (Policeman D R 36). I produce a certificate of the conviction of Ann Ward (Read: "Ann Ward, convicted May, 1867, of unlawfully uttering counterfeit coin twice within ten days—Two Years Imprisonment.")—I was present at the trial, and had her in custody—the prisoner is the person.
GUILTY**— Five Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JAMES BRANNAN . On 29th April I went with Inspector Brannan, Fife, and other officers, to King Street, Long Acre—I posted the officers at different parts—I was at the corner of King Street when the prisoner was brought to me in custody of Hines, Miller, and Windsor—he called across the road and said "God strike me dead, Mr. Brannan, I have not had that bad money"—I said "What bad money? we do not know that it is bad yet, stay till we get to the station"—he said "That b—y Hines put it into my pocket"—I said "What, persecuted again, Bob?"—he said "No, when you had me before it was all right then, though I said it was not, but so help me God, that b—y Hines put it into my pocket"—he was taken to the station, and I received from Hines this paper packet, containing two packets, one of which contains six bad half-crowns, and the other five bad florins, separately wrapped with paper between each coin—they had under-gone the process of slumming with lamp black and grease, to give them the appearance of having been in circulation—I said "You will have to account for the possession of these, they are bad"—he repeated the same words, and made use of most horrible expressions, saying that he would kill b—y Hines when he got out.
Prisoner. If the smallest part of this man's heart was seen, he would not be allowed in a court of justice.
PHILIP HINES (Policeman). I was with Brannan, and saw the prisoner enter the Fountain public-house, King Street—I went in, but could not see his face, as he was stooping down and pretending to be patting a dog—I said "Bob, I want to speak to you"—he said "What for?"—I told him to come outside; he plunged about, and Windsor took hold of
him also at the door—I asked him what he had about him, and said that he had better give it to me, for I was going to search him—he thrust his hand into his breast pocket, and Miller seized it—I put my hand into that pocket, and took out six half-crowns and five florins, all counterfeit, and wrapped in separate papers—Miller searched him afterwards, and gave me 4s. 8 1/4 d., in good money, from his waistcoat pocket—he was violent; it was as much as we could do to hold him—when at the top of King Street, he told Mr. Brannan that he was planted again—Brannan asked what he meant, and he said that I had put the money into his pocket—he said to Brannan "When you had me before, you had me right, though I said it was wrong; when I get out I will settle that b—Hines," meaning me—in a purse found on him I found a piece of paper which had the mark of coin upon it; it was newspaper, and corresponded with that in which the florins and half-crowns were wrapped.
Prisoner. Q. Had I not plenty of time to do away with the coins? A. I have good reason to believe that you threw away something which was found under the settle, but I did not find it.
Prisoner. Q. Where was the good money found? A. In your left-hand waistcoat pocket—that if the same pocket in which Miller found the bad money.
The prisoner produced a written defence, stating that Hines brought the bad coins with him, and put them into the very pocket where the good money was found.
He further PLEADED GUILTY to having been convicted of a like offence, in October, 1864.— Ten Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution; and MR. MOKTAGU WILLIAMS the Defence.
RICHARD ELIJAH TARRANT . I live at 17, Buckingham Palace Road—on 18th or 19th May, I sold the prisoner a tooth-brush for 3d.—she gave me a bad half-crown—I told her it was bad; she looked surprised, and gave me a good one—I asked her if she had any more money like the bad one—she said "No," and said that she walked about that neighbourhood, and a gentleman gave her three half-crowns the night previous, and she did not know that any of them were bad—I cut the half-crown in two, and sent for a policeman.
THOMAS MASON . I assist my brother's widow in conducting her business of a baker, and the shop is also a post-office—on 24th May I served the prisoner with 3s. worth of postage-stamps—she put down a bad half-crown and 6d. worth of coppers—I told her the half-crown was bad, and asked where she got it—she immediately tendered me a good one for it—I nipped it with a pair of scissors, and detained it—she left with the stamps, and I went to the door and saw a suspicious looking man loitering there—they walked different ways, and I followed the prisoner to Eccleston Street East, where I saw the man again—the prisoner crossed the road to him, and I
lost sight of both for a second—I was sometimes within 20 yards of the prisoner, and I saw her look round—the man turned back directly I turned the corner, and the prisoner ran and turned into a court nearly opposite the station—I spoke to a constable; he took me into the Grosvenor Arms, where I saw the prisoner and gave her in charge—I had only lost sight of her about a minute before I saw her in the public-house.
Cross-examined. Q. Had you ever seen her before? A. No.
Jury. Q. Could she have got out of sight without going into the public-house? A. I do not think she could, unless she had harboured up somewhere.
FREDERICK LINGWOOD (Policeman B 344). I took the prisoner at the Grosvenor Arms, and told her she was charged with passing a bad half-crown at Mr. Mason's shop—she said that Mr. Mason was mistaken, she did not, and that she came from Victoria Station—I received these two pieces (produced) of a bad half-crown from Tarrant, and this half-crown from Mason.
Cross-examined. Q. Did she tell you she had gone into the public-house for a pint of beer? A. Yes.
The Prisoner's Statement before the Magistrate: I never done it since I came out, till I went into Mr. Tarrant's shop, and I did not know it was bad; this gentleman at the post-office is mistaken altogether, as I told the constable.
She further PLEADED GUILTY to having been convicted of a like offence in 1866— Five Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
CHRISTOPHER JOHN SNELGROVE . I am shopman to Mr. Willis, stationer, 75, New Bond Street—on 21st April I served the prisoner with 1d. worth of note paper and envelopes—he gave me a half-crown; I gave him the change, and he left—I did not find that it was bad—I gave it to Mr. Willis, junior—on 25th April the prisoner came again, and I made a communication to Bynes, who served him.
Prisoner. Q. How do you know me? A. By your appearance—you had a flower in your button-hole on each occasion, and the same scarf.
GEORGE WILLIS . On 21st April, I saw the prisoner in my shop—I am certain of him—Seagrove handed me a half-crown for change—I put it in my pocket—there may have been another there—I cannot say, as I found another in my pocket when I got into the City—I paid a half-crown to Emily Houseboy, which turned out to be bad, and was broken—I cannot swear that it was the one I had from the prisoner.
HENRY POYNTZ BYNES . I am shopman to Mr. Willis—on 25th April, about 3 o'clock, the prisoner came in—I recognized him as I saw him on the previous occasion, and Snelgrove made a communication to me—he asked for two sheets of paper and an envelope, and put down a florin, which I saw was bad, and took it to Mr. Willis, who marked it—the prisoner said he was not aware of it—we sent for a policeman and gave him in charge—I gave the florin to Mr. George Willis, jun.
the charge—he said he did not know the money was bad—he refused his address—I searched him in the shop and found two half-sovereigns, two half-crowns, and a halfpenny, all good.
The Prisoner's Statement before the Magistrate: "On Monday, when I went into the shop, I asked for two sheets of writing paper and envelopes. I gave him a florin, the smallest change I had in silver; he took it to the counting-house, brought it back, and said "It is a bad one, young man." I said "Is it? I did not know it, or I should not have given it to you. "He said "Are you the young man who was in here last Friday?"I said "I was not, sir, I have never been in the shop before. "He told the policeman I had been there on Friday, and he found the half-crown was bad two hours after I had left. On Tuesday morning, he said it was on Thursday I was there. He said he gave it to the barmaid, who broke it and said it was bad."
Prisoner's Defence. I had two half-crowns and received those in change. I was never in the shop but once, and that was on Monday. I did not know it was bad, or I would not have given it to him.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
ELIZABETH COMPTON . My master keeps the George and Dragon, Long Acre—on 16th May, I served the prisoner with 1 1/2 d. worth of gin and peppermint—he gave me a florin—I gave him 10 1/2 d., tried it with my teeth, broke it, and said "Master, this will not do, you must give me my change back"—he gave me a good florin—I gave him back the pieces, and he left—he wore a moustache then—I am sure he is the man.
EMILY FOREST . I am a servant at the same house—on 16th May, I saw Compton serve the prisoner—he gave her a florin, she bit it, broke it, threw it back, and the prisoner paid with a good one and went away with the pieces—he had a moustache—on the 17th he came again—I recognized him directly, but he had no moustache—I did not see him tender any money that day.
GEORGE REEVES . I keep the George and Dragon, Long Acre—on 17th May, my barman, Jefferys, brought me a bad shilling into the parlour—I broke it in half and went into the bar; the prisoner was then going away—I jumped across the counter and stopped him—I showed him the pieces, and he paid with good money—I gave him in charge with the coins—I had received several bad coins lately.
JOHN WHITING (Policeman E R 44). I took the prisoner, and told him the charge was uttering a counterfeit shilling and passing a 2s. piece the morning previous—he said he was not aware that he had got a bad shilling, but said nothing about being in the house the previous day—I searched him and found 1s. 9d. in silver and 14 1/2 d. in copper.
Prisoner's Defense. I was not there on Monday. I never was in the house before.
GUILTY .— Nine Months' Imprisonment.
MR. CRAUFURD conducted the Prosecution; and MR. ST. AUBYN the Defence.
ANNIE CLINCH . My husband is agent for the Soda Water Company, Regent Street—on 7th May, between 8 and 9 o'clock, I served the prisoner with a glass of ice cream soda, which came to 4d.—she gave me a bad florin—I told her it was bad—she gave me a good half-crown and I gave her the change, marked the florin and kept it—I told her that unless she gave me her name and address I must give her in charge, as she had been there the previous Saturday, and gave me a bad florin in the same way—she gave her name, Elizabeth Harris, the Crown coffee-house, Oxford Street—a servant fetched a policeman, and I handed him the bad florin—I put the first florin into the till on Saturday, with only two or three sixpences—I gave it to a servant on Monday morning, to buy some flannel—she brought it back—I tried it and found it was bad—I put it on one side of the till, and in the evening it was not there.
Cross-examined. Q. Are you in a pretty large way of business? A. Yes—I can always remember faces—the shop is not open on Sundays—I told the Magistrate I might have given the first florin to a Scotchman in change for a sovereign—that was the same night that I missed it.
MARY ANN PIKE . I am servant to the last witness—I saw her serve the prisoner on Saturday, 30th April, and receive a florin in payment—on Monday morning, 2nd May, my mistress gave me a florin to buy some flannel—I bought it, and they said that the florin was bad, and I brought it back—it was the only money I had—my master tried it and found it bad—on the following Saturday the prisoner came again—I recognized her, and heard her give her address at the Crown coffee-house—I was sent there and brought a constable back with me.
Cross-examined. Q. Do you serve in the shop? A. No, I wash up the glasses—when I went to Mr. Rayner's I put the florin on the counter.
WILLIAM RAYNER . I am assistant to Mr. Gilbert, oilman, of King Street—on Monday morning, 2nd May, the last witness came to buy some flannel, and laid a florin on the counter—I took it up and found it was bad—I gave it back to her.
GEORGE WAIGHT . On 7th May, Pike fetched me, and the prisoner was given into my charge—she admitted being there on the Saturday, but said she did not remember passing a bad florin—she was searched at the station and 5l. 17s. 3 1/2 d. found on her in gold, silver, and copper—she said that 4l. of it belonged to her sister and the rest to her, and that she was an un-fortunate woman—I received this coin from Clinch.
GUILTY .— Nine Months' Imprisonment.
OLD COURT.—Tuesday, June 7th, 1870.
Before Mr. Recorder.
MR. METCALFE conducted the Prosecution; and MR. MONTAGU WILLIAMS
SAMUEL ROGERS . I am a builder—at the time in question I was living at 91/2, Liverpool Buildings, Liverpool Street, Bishopsgate—about 6.30 in the morning of 10th May, my wife called my attention to some men on the
roof of the Temperance Hall, next door to where we lived—it was empty at that time—I went out into the open yard, saw Mr. Honeyball, and told him of it, and he got on the roof—from what he told me I went round to Baker's Buildings, and there saw the prisoner Barrett carrying some lead from the side of the Temperance Hall, and throwing it into a cellar in one of the houses being pulled down—I sent for the police—I should think there was about 5 cwt. of lead—it was folded up and thrown loosely in the cellar—Block was in the back of the premises, with Barrett and another man—it is only a small yard between the chapel and the house—about 10 or 12 ft.—the walls dividing the yards were taken down and thrown into one—the only access to the yard was from the old houses in Baker's Buildings—there was no way out at the back.
Cross-examined. Q. You would have to come out through the front again? A. Yes—I did not know the prisoner before—I heard at the station that Block was a foreman—I don't know it—I heard him say, "I am his foreman"—I did not see the men on the roof, but I heard them there talking, and heard the lead fall.
WILLIAM HONEYBALL . I am a box maker, of 6, Camomile Street—Mr. Rogers called my attention to some parties on the roof of the chapel—I got up on the parapet and got on to the roof of Temperance Hall—I looked over the parapet and saw the prisoners and two others down in the yard, and there was a lot of lead—one of them, I think it was Barrett, called out "Is there any more?"—I said "Halloa! what are you doing there?"—but being high up, and behind the parapet, they could not see me, but I saw everything that was going on—one of them was carrying the lead and throwing it down into the cellar of an empty house—they must have had a ladder to get from the yard to the roof—there was no ladder but there were two pieces of wood which would answer the same purpose, and there were marks where the lead would slide down.
Cross-examined. Q. You did not see anybody on the roof? A. No, I did not know who these men were, no more than the pullers down.
WILLIAM FEWSTER . I am a detective officer—on 10th May, in consequence of what I heard, I went on to the roof of the Temperance Hall—there was some lead still on the roof—I took with me some of the lead that was found in the cellar, I compared it with what was taken from the ridge of the roof of Temperance Hall, and found that it exactly corresponded—there was a little over 3 cwt.
Cross-examined. Q. Did you know who, or what Block is? A. I did not, I heard afterwards that they were working for Mr. Goodman, a con-tractor—I don't know who was employed on these buildings.
ANTHONY WILSON MONGER . I am a detective officer, of the City—I went to Baker's Buildings in company with Rogers and saw Barrett there—I asked him if he had seen any lead that came from the roof of the Temperance Hall—he said "No"—Rogers then said "I will show you where it is," and he showed me the cellar—Barrett then said "Oh, I was directed to put it there by my foreman, for safety"—he did not say who his foreman was—I afterwards saw Block, and I put the same question to him; he said he had not seen any—Barrett tried to run into the passage of the house—Block said "Oh, that is the lead I found out in the yard, and I directed Barrett to put it in the cellar for safety."
Cross-examined. Q. Block was the foreman, was he not? A. I don't
know, I have been told so since—there was a place where they might have locked the lead up.
EDWARD JEFFREYS . I am clerk to Mr. Shaw, attorney for the Great Eastern Railway Company—I know the Temperance Hall, it belongs to the company; they purchased it and all the property there, and are now pulling it down.
SAMUEL ROGERS (re-examined.) I occupied the house next to the Temperance Hall, and a passage under it, and had done so for nine months before this, of the Great Eastern Railway Company, I paid them rent for it—I have seen the men at work there, under the contractors; I never saw the prisoners employed there—the company had not commenced pulling down the Temperance Hall at the time.
The prisoners received excellent characters.
NOT GUILTY .
REV. COSMO REED GORDON . I live at Norland Place, Notting Hill—in April last, the prisoner came to me and represented himself as coming from a friend of mine at St. Leonard's, Dr. Blundell—he produced several articles from newspapers, on scientific subjects, and asked if I would revise them for him, as he was a foreigner—he entered very largely into various points connected with science and medicine—as I was pressed for time, I asked him to let me know precisely what he wanted—he then produced a telegram purporting to come from the Marquis de Beaufort, of France, and said he had no money, and requested me to give him some; he also represented that he was a connexion of Sir Robert Anstruther, who I knew personally, and the Rev. Canon Melville, who I knew by reputation, and on the strength of that I gave him 10s., which he promised to return on the Monday—I did not see him again until he was in custody—he also represented that he was a freemason, and from that I should probably have been induced to give him some portion of the money, though not the whole amount—I should not have given him the whole of the 10s. but for the statement that he was a connexion of Sir Robert Anstruther and Canon Melville.
Prisoner. Q. How long did our conversation last? A. About an hour—it was at the latter part of it that I gave you the money—I don't recollect asking whether you had any relatives in England—I said it was a singular thing that you should come to a stranger for money, if you had any acquaintances in London, and you said you had none—you said you wanted it to pay your lodging at Hampton Court—I should probably not have given you more than a shilling, from your being a mason—you said you were a medical student, who was desirous of qualifying for a membership of the College of Surgeons, in London—you asked me to advance you a little money until you received the money which the telegram represented would be given to you on the Monday—I lent you the money, not because of the telegram, but because I thought you were a literary man in distress, and because you represented yourself to be a relative of Sir Robert Anstruther and Canon Melville—I had no other reason—I had never seen you before—you said you were connected with Sir Robert Anstruther, and you stated something about a Baron Anstrude, in the North of France, who was a connexion of his—you made no statement as to what was your connexion with Canon Melville—I gave you the money on the strength of your being a personal friend and connexion of a friend of mine, Sir Robert Anstruther.
JOHN MULVANBY . I took the prisoner into custody on 13th May, in New Street, New Cut—I told him I held a warrant for his wrest for obtaining 10s. by false pretences, from the Rev. Cosmo Reed Gordon—I searched his lodgings, and found a quantity of papers, among others a pedigree of Sir Wyndham C. Anstruther, in which was mentioned the connexion of the Baron de Anstrute, of France, with Sir Robert Anstruther—I also found some cards engraved, "Le Conte de Beaufort," and others—on the way to the station he wanted to know how I had obtained his address—I said I should not tell him—he said "Well, I had a warning letter, I was a great fool; however, you came a little too late for a good many things"—Sir Robert Anstruther is not here, he is in Scotland.
THE COURT was of opinion that in the absence of Sir Robert Anstruther there was not a sufficient case to go to the Jury.
NOT GUILTY .
MR. KELLEY conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Thomas and Robert Lodge, and MR. GRIFFITHS for Muggeridge.
WILLIAM ELCOME (Policeman P). About 9 o'clock on the night of 17th May I was on duty at Lewisham, and saw the three prisoners and another man, in a cart, come over Lewisham Bridge and pull up at the Roebuck public-house—they all got out of the cart and went into the public-house—while they were in there., I went and looked in the cart, and then crossed the road and spoke to another officer—after a little time one of the prisoners, I think Muggeridge, came out, and led the horse round to the wall; he then went into the public-house again—after a short time he came out, and stood by the side of the cart two or three minutes—I went up to him and said "Do you belong to this cart?"—he said "Yes"—I said "What have you got in the cart?"—he said "I don't know, you had better ask the carman"—I went to the public-house door and asked for the carman, when Robert Lodge came to the door, followed by Thomas Lodge and Coombes, who has been discharged—I asked Robert if he belonged to the cart—he said "Yes"—I said "What have you got in the cart?"—he said "Nothing"—I said "Yes you have, we will look"—I went and let down the tail-board, and there I saw four large rolls of something lying at the bottom of the cart, and five rolls of elastic in a sack—I asked where he got them from—he said that two men had engaged him in Shoreditch to bring them down to the Roebuck, and that they brought them out of a court; but he did not know the name of the men, nor yet the name of the court—I asked Thomas Lodge and Coombes if they knew anything about it—they said they had only come with the carman for a ride—I then took them all into custody—I produce a part of the goods I found in the cart.
Cross-examined by MR. M. WILLIAMS. Q. I believe the two Lodges gave correct addresses? A. Yes—the name of Hudson was on the cart—Robert Lodge was driving it when they came over the bridge—Coombes, Muggeridge, and Thomas Lodge all said they had only come for a ride.
WILLIAM BONIFACE . I am a carman, of 52, Radnor Street, St. Luke's—I have known Robert Lodge for years—he came to me about a week before this, and asked if I could mind a few parcels for a night or two, that
had been bought a job lot—I said I did not mind for a night or so, but I could not be answerable for them, because I never left any small package in my own stable—he brought about eight or nine parcels shortly after, and left them there for some days—these (produced) are some of them—Thomas Lodge and Muggeridge called for them on a Tuesday night; I think it was this day three weeks.
Cross-examined by MR. M. WILLIAMS. Q. Did they call with a horse and cart? A. I did not see any horse and cart; I saw them take them out—it was about 7 o'clock in the evening—the cart would remain in the street; you have to come down a court to my stable—Robert Lodge did not come to take them away.
SAMUEL EDWARD COOMBES . My mother keeps the Old Blue Last, Curtain Road; I am barman there—on 17th May Robert Lodge asked me if I would go out for a ride with him; I knew him as a customer—he had a cart outside my mother's house—I got into the cart; we drove about half-a-dozen doors down—he stopped outside Crown Court, and waited there about twenty minutes; then Muggeridge and Thomas Lodge came out with the goods and put them into the cart, and we drove to the Roebuck, at Lewisham.
Cross-examined by MR. M. WILLIAMS. Q. Is Crown Court where Boniface's stable is? A. Yes, it is at the bottom of the court—Robert Lodge drove the cart—I was taken into custody and discharged—I did not know there was anything wrong; I only went for a ride.
ARTHUR HAZEL . I am a leather merchant, of 7, Hart Street—I have lately removed from premises in Wood Street—we were removing on Saturday, 7th May—I employed Thomas Lodge as a helper at the time—I identify part of these goods—I did not miss them till the police came to me—they were not sold—I estimate it at the value of 25l. or 30l.
Cross-examined by MR. M. WILLIAMS. Q. How many porters have you? A. Two, George Frost and William Hildebrand—Thomas Lodge only worked for me on that Saturday—I heard him state before the Magistrate that my porter stopped him and asked if he wanted a day's work, and asked him if he would get a place and mind some things for him—one of my porters is here, the other is not.
GEORGE FROST . I am porter to Mr. Haxel—I remember the removal from Wood Street to Hart Street, on Saturday, 7th May—Thomas Lodge was employed on that day—I spoke to him first and asked Mr. Haxel afterwards—I did not give him any web to take care of, that I had brought as a job lot.
Cross-examined by MR. M. WILLIAMS. Q. Where is the other porter? A. At the warehouse—he has not been examined as a witness.
COURT. Q. Was there property of this sort being moved while Thomas Lodge was engaged? A. Yes.
The Prisoners' Statements before the Magistrate being read, Thomas Lodge stated that the porter asked him to mind the things, and he got his brother to find a place to put them in, and two or three days afterwards the porter told him to take them to the Roebuck and meet him there. Robert Lodge stated that, at his brother's request, he asked Mr. Boniface to allow him to leave the parcels there, and about three days afterwards the porter came to see if the goods were safe. Muggeridge stated that he only went with the others for a ride, and helped to put the parcels into the cart.
The prisoners received good characters.
THOMAS LODGE— GUILTY — Nine Months' Imprisonment.
ROBERT LODGE— GUILTY — Six Months' Imprisonment.
MUGGERIDGE— NOT GUILTY .
468. EDWARD GEORGE HILLYER (15) , to a burglary in the dwelling-house of Fairman Marshall, and stealing a pair of boots and other goods, his property, also to stealing a scarf pin and other goods of James Cullen, in his dwelling-house— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.] And
469. WILLIAM SMITH (49) , to stealing 55 yds. of muslin, of Frederick Gore Beaton, his master, having been before convicted of felony— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, June 7th, 1870.
Before Mr. Common Serjeant.
470. JAMES WILLIAM BUNGAY (35), PLEADED GUILTY to unlawfully obtaining 4s., on the pretence that postage was due; also to feloniously forging and uttering a receipt for 2s. 6d., with intent to defraud— Eighteen Months' Imprisonment.
471. DAVID COLIN FORBES (37) , to unlawfully neglecting to discover to whom he had transferred his property, with intent to defraud his creditors— Recommended to mercy by the Prosecutor— Six Months Imprisonment. [Pleaded guilty: See original trial image.]
475. JAMES DOBBIE (30) , to feloniously forging and uttering a receipt for 2l. 8s.; also to stealing 9l. 9s. 6d.; also to embezzling 18s. 3d.; also to un-lawfully obtaining 1l. 5s. of Alexander Walker, by false pretences— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And
476. JOHN LOGIE (29) , to two indictments for stealing 388l., of Harry Snow and others, his masters— Recommended to mercy by the Prosecutors— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. STRAIGHT conducted the Prosecution.
HARRIETT FOSTER . I am the wife of William Foster, of Grosvenor Lodge, Junction Road, Holloway—the prisoner and his wife were in our service last year—the prisoner was a general servant, and had access to all parts of the house—last June I went to Brighton for a fortnight—I had four sovereigns and two half-sovereigns in the drawer of a table, which was locked, and my husband had the key—on my return from Brighton a communication was made to me by the prisoner's second wife, and I found the drawers were all open a little way, not forced, but unlocked with a key—
the prisoner came in shortly after and said that thieves had got into the house—I said "No practised thief"—he said that he did not see them, because they ran away; but they got in at the window, and went out at the door, and that it was about 1 o'clock in the morning, two or three days before my return—he had my address at Brighton—I said "Whoever the thief was, was let into the house"—I ultimately missed five sovereigns—nothing further was done then—about three months afterwards I went to York; when I came back I unpacked a bracelet, and it was on the corner of my dressing table, between 6 and 7 o'clock in the evening—my breakfast room is vis-a-vis with my bedroom, and as I sat there, facing the door, the prisoner came up stairs in a peculiar manner, and seemed to go sideways round the door, and went into my bedroom—he had no boots on—I could see him, but I could not see into my bedroom—while he was in the room I said "What do you do there, Joseph?"—he said "I am going to draw down the blinds, Ma'am"—I said "You know very well the blinds are all down"—he then said "I thought perhaps you would want the gas lighted"—I told him he knew it was not his place, and he had no right to be in my bedroom, it was his wife's place to come up—he went down, and I went into the room, and missed the bracelet—I did not charge him with stealing it till my husband came home, as we had before that missed some diamond studs—I made a fuss about it, and they were put back into a box with some nails, and I thought probably the bracelet would be put back—I complained in his hearing, and forbade his leaving the house; but he would go out—I have never seen the bracelet since—I afterwards charged him with stealing it, and discharged him; after that he came to the area gate, and I spoke to him—he said "I did not take the bracelet"—I said "You know you pretended to break into the house, and you took the money"—he said "Yes, Ma'am, I know; I hope you and master will forgive me for that"—some spoons have been shown me which are like some I missed.
Prisoner. Q. What did I call at your house for? A. I do not know—there was only a shaving strop there belonging to you—you wrote me a letter about breaking into the house, but I destroyed it because I had no idea of coming here—I said that I had it in your own writing that you broke into the house—you were not allowed in my bedroom—I saw no breaking down of plants outside the window—you pointed out the window, but it was impossible to get in there because there would have been marks on the writing table, of the gravel or of men's boots.
MR. STRAIGHT. Q. Are you quite clear that he admitted to you that he took the money? A. Yes—he added "I had a girl in the neighbourhood, and I thought of doing her some good"—I found out that she was a girl who he kept—the gas in my bedroom was not alight, but the gas from the breakfast-room shone into it.
Witnesses for the defence.
JANE JARVIS . I was married to the prisoner in June, 1868; he had a wife living then, who is outside—I was in Mr. Foster's service with the prisoner—I remember Mrs. Foster being at Brighton about the middle of last year, and while she was there someone broke into the house at a little study window on the ground floor—I was disturbed—Joseph woke me up about 1 o'clock; he went down stairs first and called me to bring a light—I went down, but did not see or hear anybody—I looked at the little window; it was broken, the blind had been let down, but it was pulled up again crooked; several of the drawers were open and the papers were all on the
flow; a match had been lighted, which I found on the carpet, and there was little gravel on the carpet; the room door was open, and four little pictures were taken down, ready to take away—Joseph went to the front door—I undid the bolt and the lock, and he went down the garden to see if be could see anyone—he asked a gentleman who was going along the road if he would stop with me while he went for a policeman—he ran down the road, found two policemen and brought them back—I do not know who they were—I have never seen them since—they came in and looked found, and the next day Sergeant Crooke came, and the following evening Mrs. Foster came home.
Cross-examined by MR. STRAIGHT. Q. How long had you been living with her? A. Since 1868—I originally lived with Mrs. Martin—I have returned to her service again—the prisoner and I were both up stairs when this took place—he thought he heard somebody and awoke me—Mrs. Foster's little dog barked, and then the prisoner went down—the window was broken—I do not know whether the broken glass was outside; some of it was inside, because I swept it up—I know a little girl who lives near, she is, I think, about twelve years old—I never heard of the prisoner giving her money—he never told me he had taken 5l. and it was to do the little girl good.
COURT. Q. Was the window closed when you went into the room? A. No, open—the prisoner did not wear boots in the house.
JOHN CROOME (Police Sergeant Y). On 4th August, some information reached the station, and I was directed by the inspector to go to the prosecutor's house—I looked about and noticed a small window on the ground floor, which was broken at the catch, and the greater part of the glass was outside—it is a sash window—a geranium near the window had been pulled up and trodden down—some portraits of sporting men were taken down and put round the room—there were valuable pictures which were not taken down—there was a quantity of plate in the adjoining room—the window was large enough for a person to get in—it struck me as very strange that this gold coin should have been selected, which was English, and the Napoleons and half-Napoleons left, which were in the same drawer—there were very slight footmarks outside—the ground was very soft.
Prisoner. Q. Did you see marks on the railings? A. No—I did not see footmarks up to the wall, in fact it would have been impossible for anyone to have got in at the window without breaking a tree which was there.
Cross-examined by MR. STRAIGHT. Q. Before anything was said about what coin was gone, did the prisoner say "The thief has taken the English gold? A. Yes—I did not say anything about foreign coins—I did not know of it—the prisoner said "The thief has taken some English gold."
Prisoner. I never used such words, for I never knew what was lost till Mrs. Foster wrote to Mr. Foster to know. Witness. I am sure you said so.
The prisoner produced a written defence, stating his innocence, and that the case was a plot by Mrs. Foster and his wife's aunt to get him sent to prison, and that Mrs. Foster had robbed Mr. Foster herself.
He was further charged with having been convicted of felony in March, 1856.
October, 1856, of stealing two mares. Imprisoned twelve months")—the prisoner is the man.
Prisoner. I do not know you, and I never was there. Witness. You were under my hands, and I instructed you—you were then between eighteen and nineteen—you were under my care twelve months at that time—you were also there in 1854, for an aggravated assault on a child, and had two months; and again in 1855, when you had one month, for wilful damage—I am sure you are the person.
GUILTY.— Two Years' Imprisonment.
There was another indictment against the prisoner.
MR. HUNT conducted the Prosecution; and MR. PATER the Defence.
LOUISA HOLMES . I am the wife of Francis Holmes, of Dartford, Kent—on 24th May, about 7 o'clock in the evening, I was in Holborn, and felt someone at my dress—I put my hand to my pocket and missed my purse—the prisoner was close to me—I seized his arm and called "Police!"—a cabman came and held him—I said "This man has my purse"—the prisoner said "I have not," and then he handed it to me—it contained a 5l. note, a sovereign, two half-sovereigns, eleven shillings, and other moneys, and a railway ticket—the policeman took him.
Cross-examined. Q. Have you instructed an attorney? A. Yes.
He was further charged with having been convicted at Marlborough Street Police Court, in May, 1865, to which he
PLEADED GUILTY.**— Judgment Respited.
THIRD COURT.—Tuesday, June 7th, 1870.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY conducted the Prosecution.
GEORGE ROBINS . I keep the Duke of York, King's Cross—previous to 24th March, a Mr. W. H. Knapton and his wife lodged at my house and incurred a bill of 2l. 9s. 6d.—the prisoner came to me while they were there—he said he was bad friends with his father, and that he intended to pay 2l. 5s. of the bill to ease his mother of her troubles—he produced this cheque for 3l. 6s. 6d.—I made some inquiry and gave him 1l. 1s. 6d., deducting the 2l. 5s. from the cheque—I took the cheque to Knightsbridge next morning but got no money—about a fortnight or three weeks afterwards I saw the prisoner on the platform at the Great Northern station, and said "That is the man"—he looked at me, and I said "I am going to give you in charge"—he said "For God's sake don't; would you ruin me for life?"—I said "You don't mind who you ruin, and I have no pity for you"—the inspector took charge of him while I went for a constable and gave him in custody—I saw some bits of paper taken from his pocket which have since
been put together—he wrote his name and address in the parlour it my house—the writing on the pieces of paper corresponds with that.
Prisoner. Q. Did not I offer to pay the amount of the cheque? A. Yes.
WILLIAM PELLETT . I keep the Melbourne, at Plumstead, in Kent—I know the prisoner and his father—I lent 6l. to his father, for which I held his I O U—on 28th March the prisoner came to me, and said he had come to pay his father's debt of 6l.—he gave me this cheque, which he said was drawn by Mr. Lowther, M.P. for York—I gave him 30s., the balance of the cheque—I should not have given it him if I had known it was not a good and valid cheque—I paid it to my bankers, and it afterwards came back to me again—the prisoner came again, before the cheque was returned, with another cheque with a deep mourning envelope—he said his mother was dead, and he wanted some money to pay for the funeral, and I said "I believe you are a scoundrel," and he went away—I never got any money for the first cheque.
ROBERT MOON . I am clerk in the London and County Bank, Lombard Street—this cheque came there from our Woolwich Branch, and we for-warded it to the York Union Bank—there is no such bank as the Union Bank of York—the cheque was returned unpaid.
He was further charged with having been before convicted, in February, 1869, to which he
PLEADED GUILTY*— Seven Years' Penal Servitude.
MR. ST. AUBYN conducted the Prosecution.
CHARLOTTE HALL . I am a widow, and reside at 3, Cleveland Terrace, Hyde Park—I know the prisoner—on 16th May, between 9 and 10 o'clock, he came and said he had come from Mr. Holderness for the tuningmoney; he said he wished for it that day, as he had to meet a bill—I gave him this cheque (produced).
JAMES COOMBS . I am clerk to Messrs. Scott & Co., Cavendish Square—the prisoner presented this cheque at the bank—the endorsement was then "John Holderness"—he added the words "and Co."—I handed the money to him.
CHARLES HOLDERNESS . I am a pianoforte maker, at Oxford Street—the endorsement to this cheque is in the prisoner's writing—he was in my employ for five years, up till January last—he was not authorised to receive money on my account, or to write my name.
Prisoner's Defence. I only wrote "and Co.," "Holderness" is not in my writing.
GUILTY—Recommended to mercy — Two Years' Imprisonment.
CHALK PLEADED GUILTY .
MR. LANGFORD conducted the Prosecution.
was a passenger from Melbourne to London, in the ship Kent—we started from Melbourne about four months ago, the early part of February, I suppose it was—Chalk was assistant steward—Daley and Randall were also on board—I had a nest of boxes with me, one enclosed in the other—there was 851l., in the box, the property of myself and some others—the nest of boxes was kept in a large box in the cabin—the money was safe when we left Melbourne—on 29th March we were counting the money over, and we found it was 51l. short—some of the boxes were broken—I gave an alarm to the captain, and a search was made—on the morning of the 30th I heard a jingle of money outside our sleeping place—Chalk had seen the contents of the box—he was in my cabin when I was taking some money out—I always understood he was honest.
CHARLES WELLS . I was chief mate on board the Kent, from Melbourne to London—we left Melbourne about the end of February—on 30th March I had a complaint made to me about the robbery—Mr. Harris sung out to me at the after hatch that he had been robbed—Mr. Dinte went by the name of Harris on board the ship—I went to his cabin immediately, and found the boxes on the table; the little box that came out of the others was wet at the bottom, as if it had been standing in the water some time—Mr. Dinte picked up some loose sovereigns—I did not pick any up myself—Daley was called aft to know where he got the sovereign he changed overnight—I knew from the steward that he had changed a sovereign the night before—I asked him where he got the sovereign from—he said Chalk gave it to him—Chalk was present—he said at first it was a half-sovereign he had given Daley—when Daley got the change afterwards, he acknowledged it was a sovereign, and that he had given him 9l.—I searched Daley in the after cabin, and found 8l. 17s. on him—he said he had received it from Chalk—Chalk said he had given it to him—Chalk was the second cabin boy—the next day Chalk said he had taken a hand full—I found 35l. secreted in the springs of some lamps, of which Randall had the custody—he denied all knowledge of the money—Daley said Chalk gave him the money; but he did not know where Chalk got it.
Randall. The lamps were not in my possession, they are always in the sail makers' cabin.
Daley. I had the money given to me; the cabin boy said he had received it from the passengers for cleaning the cabins.
WILLIAM CHALK (the prisoner). I was in the service of the steward on board the Kent, from Melbourne to London—I have pleaded guilty to stealing 50l. in sovereigns—I could not resist the temptation—Mr. Dints showed it to me; he said if I had it it would make a gentleman of me—I had not seen as much money before; it was a temptation to me, and I took it—I gave 9l. to Daley and 35l. to Randall—I told Daley a fellow had showed me some money, and I took some—it was 10 o'clock at night then, and I went to bed.
Daley. It is false, he said he had received it from the passengers for cleaning the cabins, and he gave it to me to mind for him; he was afraid someone might take it out of his chest. Witness. That is not so, I did not say that to him.
DALEY— GUILTY — Twelve Months' Imprisonment.
CHALK—GUILTY— Twelve Months' Imprisonment.
RANDALL— NOT GUILTY .
484. HENRY CORNELIUS MCCARTHY (33) , Stealing a number of opera glasses and other goods, the property of Albert Sillier and another, his masters, and JAMES TREASURE (42), Feloniously receiving the same goods, knowing them to have been stolen.
MCCARTHY PLEADED GUILTY — Fourteen Years Penal Servitude.
MESSRS. BESLEY and F. H. LEWIS conducted the Prosecution; and
MR. COLLINS defended Treasure.
PHILIP SHRIVES (Detective E). On 21st April I went to 130, Drury Lane, with another officer—it is a second-hand tool shop, kept by the prisoner Treasure—I saw him there, and told him we were police officers, and had information that he had some opera glasses—he said "I have no opera glasses in the place except one"—he produced that from the window—I said "You have some more, some better ones than this"—he said "No, I have no other opera glasses in the place"—I asked him if he had any tickets relating to any—he said he did not know, he would see—he opened a desk, and produced three pawn tickets, relating to opera glasses—I said I believed he had others in the place, and I should search—he moved a carpet bag from the shop into the parlour—I said "What is in that bag?—he said "A lot of things"—the bag was taken in the back parlour, and I opened it, with Sergeant Cole—we found five opera glasses in the bag, a watch, and toilet bottles—these two opera glasses were given up to me by the pawnbroker, when I presented the tickets—we found forty-four toilet bottles in the carpet bag—thirty-eight have been identified—when the prisoner produced the opera glass from the window he said that was the only thing he had received from Carter, meaning McCarthy—I had not mentioned Carter's name at all—I also found two dishes, eight match boxes, and a tobacco jar in the carpet bag—they have been shown to the Prosecution—I found a letter dated April 5th in the bag; a second letter on that mantelpiece, and a third in a bureau in the back parlour—I took Treasure in custody for the unlawful possession of the opera glasses and other things—on the way to the station he said the china and the opera glasses were got wrong; but the watches were his own property.
Cross-examined. Q. What time was it you went to his house? A. A little after 2 o'clock in the day—it is not a very large shop—the front looks on to the street, and there was an opera glass in the window—I did not take it out, I left it there—Cole went to the station with the prisoner and myself—we took him in a cab, with some of the things, not all of them—there was a woman in the house when we went there—the letter found on the mantelpiece had an envelope—the other two had no envelopes.
FREDERICK STONE . I am a clerk in the service of Messrs. Silver & Fleming—I know McCarthy's writing—these letters are in his writing—(Read: "April 6th, 1870. I have been hiding for the last eight days from the detectives. My game is all up, I hare been seen going from your house to a pawnshop. My house has been searched; but nothing has been found there. How I made my escape was, Mr. Blomberg said if I told him where the goods were he would not prosecute me. This I know to be a lie, so I promised. I went home to see my wife; he waited at the front door. I got out of the window, and got in the yard of the public-house, next door, and got clear away. Your house is watched; you must send 10l. if you wish to save yourself. Don't send a post-office order, for you will be seen, send two 5l. notes instead. Should they examine your house, say you gave a high price for the goods. This is the last letter I shall writs to you; if you do as you are bid I can get away. There is no use
making a fuss; if you fail you will never have 10l. in your life again, you will have seven years."—"You have taken no notice still of the danger you are in; but you will repent it when it is too late. I will give you one more chance, if you meet me at 9 o'clock to-night, in the White Horse Chambers, Fetter Lane, and bring what money you can, so as I shall be able to get out of this d—place. Do not fail; don't be a fool Carter."—"You have taken no notice of what I wrote to you about Very well, you will take the consequences of the matter in your own hands Don't blame me. Remember the grocer in Drury Lane, and think of yourself. I am exhausted; I cannot stand it any longer. I will give you to to-morrow to consider the matter. Don't blame me for what I am going to do. I will throw myself on the mercy of my employers, and tell them everything. If you don't get the money to-morrow, you may reckon your-self in Bow Street police-station to-morrow night)."
NOBLK HUTCHINSON FLEMING . I am one of the firm of Silver & Fleming, of Wood Street—the prisoner McCarthy had been in my employment about eleven months—we have missed a quantity of goods corresponding with those produced—I believe these things to be our property—I never had any transactions with Treasure.
COURT. Q. Can you swear to any one thing in particular? A. I may say that we missed sixty opera glasses, especially good ones; the cases were left behind; the glasses produced would fit those cases—we have missed dessert services to a considerable extent—plates have been taken, and the other parts left behind—some of the plates were found in Treasure's possession.
ANTHONY MARLOW . I am assistant to Mr. Richard Sayers, 20, Brydg Street, Covent Garden, pawnbroker—I produce a ticket dated 2nd October, 1869, for an opera glass, pledged for 1l.—I produce the glass relating to that ticket—this ticket corresponds with the duplicate.
COURT to PHILIP SHRIVES. Q. Did you find the opera glasses with or with-out cases? A. Without cases, in paper—this ticket spoken to by the last witness was one of the three found in Treasure's desk.
TREASURE— GUILTY — Fourteen Years' Penal Servitude. There were six other indictments against Treasure for receiving.
OLD COURT.—Wednesday, June 8th, 1870.
Before Mr. Justice Blackburn.
MR. ST. AUBYN conducted the Prosecution.
GUILTY .— Five Years' Penal Servitude
MR. ST. AUBYN conducted the Prosecution; and MR. LEIGH the Defence.
MARGARET REECK . I reside at 42, Medway Street, Westminster, and am the wife of the deceased and the mother of the prisoner by a former husband—my son lived with me—he came home on the evening of 7th May—my husband asked me if the boy had left any money towards some clothes—I said he had not—he said "Then he shall not leave the room until he does, "and he struck the boy in the face with his fist, and discoloured
his eye very much—there was a salt cellar on the drawers, close to his hand, as he went to go out—I did not see him take it up, but we found it under the table about two hours afterwards, when we came back from the hospital—my husband did not fall, he leaned his head forward, and I saw blood—he was an out patient at the Westminster Hospital for a week—he then went in as an in-patient, and died the following morning.
Cross-examined. Q. Besides the blow your husband struck were there not some words of provocation? A. Yes, he called the boy a great many foul names, and used very bad expressions before the blow was struck—I went to push the boy out of the room—if he had not happened to turn his head back at the moment he would not hare received it—he had been in a very weak state of health for some time—my son is a very well conducted boy—I could not say that my husband was under the influence of liquor—being Saturday he might have taken a drop, but he was not tipsy—he was a very violent, passionate man, and made use of very bad words.
WALTER BARROW (Detective Officer B Division). I took the prisoner into custody on 16th May—on the way to the station he said that he flung the salt cellar at his father, but he did not intend to hurt him, he was very sorry for what he had done; he knew the law, and he knew he was bound to go before a Magistrate for it—I produce the salt cellar which the wife handed to me on the Monday.
CHARLES MCCANN . I am one of the surgeons at Westminster Hospital—the deceased was admitted as an out-patient on 7th May last—he had a wound on the forehead, partly lacerated and partly incised—he was attended daily as an out-patient for a week—on the 14th I admitted him as an in-patient, and he died the following day—the cause of death was the formation of pus pressing on the brain—he became paralysed on the right side after coming into the hospital—the wound might have been caused by this salt cellar—the pus which pressed on the brain arose from that wound.
Cross-examined. Q. I suppose the wound, externally, did not seem dangerous? A. It did not appear serious—it was not thought seriously of, or we should have admitted him at first—he was in a very weak state of health generally—I made a post mortem examination, and opened the body—I believe the blow to have been the cause of death—there was not sufficient disease of any of the internal organs to cause death so soon.
GUILTY.—Strongly recommended to mercy by the Jury, — One Month's Imprisonment.
MR. GRIFFITHS conducted the Protection.
HENRIETTA MARIA CORN . I live in Weaver Street, City Road—I have lived with the prisoner some time—I had ceased to live with him for a week before this—on 14th April I met him, and went with him to a public-house about 4 o'clock or 4.30—we had a few words there—he wanted me to go home and live with him again—I said I would not—I went to a bouse with him where he changed his clothes, and ultimately went with him to Cavendish Street; we were together from 4 o'clock in the afternoon till 10.30 at night—I was walking home and he walked aside of me—he again asked me if I would go home with him and make it up again; and he put his arm
round my neck, pulled a rear out of his pocket, and cut my throat—I went across the road to a man and woman who were standing on the other side, and I remember no more till I found myself in the hospital.
HENRY PARFITT . I am a driver, and live at 11, Shaftesbury Street, New North Road—on the night of 14th April, about 10.30, I was with my wife in Cavendish Street—I saw a man and woman standing on the opposite side of the road, quarelling—I heard the man say something to the woman; I could not hear what it was, but I heard her reply "No, no, I won't"—I saw him put his left arm round her neck, and take something out of his right hand trowsers pocket and draw it up to her throat, and I heard her scream—she then ran over to my wife and caught bold of her, and I ran after the man and saw the policeman catch him—she had her hand up to her throat, and the blood was all running down.
ELIZABETH PARFITT . I am the wife of the last witness—I saw the prisoner and prosecutrix standing on the opposite side, they were net quarrelling—I saw him put his arm round her neck, and with that she halloaed and came across, and took hold of my arm, and said "He has cut my throat"—the blood was streaming from her throat—she was put into a cab and taken to the hospital.
JAMES TUCKER (Policeman N 451). On 14th April, I was in Cavendish Street, and saw the prisoner and prosecutrix on the opposite side of the way—I saw the prisoner put his hand round her neck, as if he was going to kiss her, and draw her towards him, and suddenly she rushed across the street towards the last witness, who called out to me that the woman's throat was cut—I ran across and secured the prisoner, who was in the act of cutting his own throat with this razor (produced)—he had moved about ten paces from where I first Saw him—when I took hold of him he made as attempt to cut me across the hand, and said "You b—, you won't let me half do it"—I took the razor out of his hand and threw it on the ground after a struggle, and Parfait picked it up and handed it to me—I took the prisoner to Dr. Griffiths' surgery, and on the way he said "I meant to do for her and myself too if I had had time, only you, you b—, prevented me."
JAMES BURROWS (Police Sergeant N 28). I was called to Dr. Griffiths' surgery, and found the prisoner there, with his throat cut—he said "We have lived together for ten years; she left me last Thursday, to live with another man; had she kept from me this would not have happened. I am a butcher by trade, I know every artery in a man's body; I know I have not settled myself, "pointing his finger further round his neck—he was conveyed to the hospital.
HENRY FRANCIS BAKER . I am house surgeon of St Bartholomew's hospital—the prosecutrix was brought there on the night of 14th April—she had an incised wound in the neck, about 6 in. long, on a level with the thyroid cartilage, over the windpipe and extending into the windpipe—it was a dangerous wound; I could hardly tell the depth, it just penetrated the windpipe, the air just came out—this razor would produce such a wound—the prisoner was afterwards brought in—I believe he had been drinking. The prisoner put in a written defence, stating that the prosecuting had lived with him as his wife for several years, that the had lately become intimate with another man, that she had left him on several occasions and he had forgiven her and received her back again; that on the day in question the came to him after she had been absent a week, and they drank together and were together
several hours; that she was very quarrelsome and struck him, and refused to come bade to him; that the razor was in the pocket of the clothes he changed, and that he could have had no evil intention towards her, as he had on more than one occasion prevented her from destroying herself.
GUILTY on Second Count. — Fifteen Years' Penal Servitude.
MR. BESLEY conducted the Prosecution; and MR. WILLIS the Defence.
GUILTY .— Five Years' Penal Servitude.
NEW COURT.—Wednesday, June 8th, 1870.
Before Mr. Justice Keating.
MR. BESLEY conducted the Prosecution; and MR. RIBTON the Defend.
GUILTY* of the attempt — Ten Years' Penal Servitude. There were other similar indictments against the prisoner.
MR. LANGFORD conducted the Prosecution; and MR. RIBTON the Defence.
NOT GUILTY .
THIRD COURT.—Wednesday, June 8th, 1870.
Before Mr. Common Serjeant.
MR. GRIFFITHS conducted the Prosecution.
LOUSIA WATTS . I am servant to Mr. Henry Rice, it 148, St. Paul's Road, Canonbury—on 1st May I went to bed, about 10.30, having fastened the doors and windows securely—I was called down stain by my master, about 4.30—I found the back door open, and the house in confusion—I had fastened the back door before I went to bed.
HENRY RICE . I am a printer, and live at 148, St. Paul's Road—I re-turned home about 4.30 on the morning of 2nd May—I went down stairs to see if the gas was turned off—I found the kitchen door open, and there were things lying about the kitchen—I identify these twenty-four spoons and three table cloths (produced) as my property—they were safe on 1st May—the drawers were all turned out—I called the last witness.
ARTHUR BARFIELD (Policeman G 272). About 4.30 on the morning of 2nd May I was on duty in the City Road—I saw the prisoner there, and asked him where he was going—he said he was going to work—I said "What have you got under your coat?"—he said "Two flannel shirts"—I said "Let me
look, I think you have got the dropsy"—I unbuttoned his coat, and saw something between his shirt and waistcoat—I took him to the police-station, and found three table cloths and twenty-four metal spoons, and other things on him—he said he found them near the Angel.
GUILTY — Nine Months' Imprisonment.
MESSRS. F. H. LEWIS conducted the Prosecution; and MR. COLLINS
JACOB SMITH (Policeman S R 47). On the evening of 21st May I was on the towing path of the Regent's Canal—I saw a boy named Walsh, the brother of the prisoner Walsh, bathing there—he could be seen by persons passing—there were two gentlemen's houses opposite—after he came out of the water I took him into custody—the prisoners Walsh, the two Proctors, and Cliff set on me directly, and threw me down on the ground—George Proctor was on me—I caught him by the scarf as I was lying on the ground—the others were kicking me, all four of them, and some others who are not here—I got up, still holding George Proctor, and drew my truncheon—I dropped it as I was taking it out of the case, and it was thrown away by one of the prisoners, and was found in the canal two or three days after-wards—I was then thrown on to the ground again, still holding Proctor—I gained my feet again, and was taking Proctor along the towing-path, when the others raised the cry "Throw the slop into the water"—Proctor then renewed his struggles with me, and I was forced into the water—Proctor went in with me—I can't swim—whilst I was in the water they called out to Proctor to get me under, and threw stones and dust at me—the water was 4 ft. or 5 ft. deep—I was in the water upwards of twenty minutes—I went under when I first went in—I called for assistance, but no one came—when I got out of the water the others all ran away—I still had hold of Proctor—I took him along the towing-path to the bridge, where I saw a gentleman, and called to him for assistance.
Cross-examined. Q. This was about 7 o'clock in the evening? A. Yes—the little boy was bathing in the canal as I went by—I tried to catch him as he went in—he swam over to the opposite side—I did not say "If you come back I will let you go"—the others took up his clothes and ran with them—they were not going to take them to the opposite side; they could not get there, it is a gentleman's garden—there is a bridge 400 or 500 yards below—I told the boy to come back and tell me where he lived—I did not say I would not take him into custody if he did—the moment he came back I grabbed at him—I did not say I had a good mind to punch him in the jaw for giving me so much trouble—I let him dress—I held him by the arm—he did not cry—the prisoner Walsh said "I suppose the young b—has been in the police about a month, and he wants a charge"—I have been in the force two years—I saw King there; be struck me with a stone on the mouth—I said that before the Magistrate—the boy was rescued from me, and then I took hold of Proctor—I did not hit Proctor at all.
Cliff, a few days after, in Frederick Street, St. John's Wood—I accused him of being with a mob, and assaulting a constable—he said, "All I done was to take his truncheon and throw it in the water."
DENNIS SIDNEY DOWNS . I am a surgeon—I examined the police-con-stable on the evening of the 21st—his left hip and side were very painful and swollen—his lip was cut; there was a wound on the eyebrow, and scratches on the face—he was bruised about a good deal.
The prisoners received good characters.
GEORGE PROCTOR— GUILTY—Recommended to Mercy — Three Days' Imprisonment.
WILLIAM PROCTOR, CLIFF, WALSH, and KING— NOT GUILTY .
WILLIAM EAGLETON . I am a packing-case maker, at 20, Great Bland Street, Borough—I have seen the prisoner before—I was shown a plane and a saw, by the pawnbroker, on the Friday after 4th May; they were mine—I saw them safe on the 4th, at my workshop, 136, Tooley Street—on that day the prisoner came to my workshop, and said he was a packing-case maker, and had been out of work six weeks—I had to go to a wine merchant's opposite, to get some wine crates; I got one, and as I was going back for some more I met the prisoner bringing one to my workshop—I took two more back, and when I got back to the shop again he was gone, and I missed the saw and plane.
Prisoner. The governor took them of me at the door; I did not go into the shop.
WILLIAM GULLY (Policeman H R 16). I took the prisoner into custody about 2 o'clock on 6th May—I found some pawn tickets on him, relating to carpenter's tools—one of the tickets relates to a saw and plane pledged in the name of John Wilson—this is the saw and plane.
W. EAGLETON (re-examined). This saw and plane are mine.
The prisoner, in his defence, stated the tickets were given to him by a young man.
He further PLEADED GUILTY to having been before convicted in April, 1867*— Seven Years' Penal Servitude.
MR. COOPER conducted the Prosecution; MR. RIBTON defended Solomons,
and MR. ROLAND defended Trays.
JOHN WILTSHIRE (Policeman N 42). About 8.30 on the night of 24th May, I saw the prisoners with two others at the bottom of Mildmay Road—I had not known them before—I watched them for some time—they were going in the direction of Stoke Newington Green—I lost sight of them—about three quarters of an hour after that I heard a rattle and went to 113, Mildmay Road—I went down the area steps, and saw Solomons in the custody of 179 N—on the way to the station I received brooch from Mr. Shirt.
Cross-examined by MR. RIBTON. Q. You had never seen Solomons before?
A. Not to my knowledge—I was coming from Kingsland Gate and saw him at the bottom of Mildmay Road, with three others—I passed them on the opposite side of the way, and left them standing there.
Cross-examined by MR. ROLAND. Q. You had not seen Trays before? A. No—I did not like the look of him at all—they were about sixty yards from where the burglary took place.
GEORGE SILVERTON (Police Inspector N). About 4 o'clock on the morning of 24th May, I examined the house, 43, Queen Margaret's Grove—I found the front door had been forced by a jemmy—the box of the lock was forced back—I found footmarks in the garden, and in fifteen other gardens they went over—they are all small gardens, divided by low walls.
WILLIAM IRONS . I live at 43, Queen Margaret's Grove, Mildmay Park, and am a contractor—on 23rd May, I returned home about 10 o'clock—I found a crowd outside the house, and that the house had been broken into—I missed a gold watch, a pair of earrings, and other articles, from a box in the bedroom—this brooch (produced) was one of the articles—it was in the box with the other things.
KATE IRONS . I am the wife of the last witness—on 23rd May, I closed the house about 6 o'clock, leaving all safe—I came back about 9.45, and saw a crowd of persons outside—I found the back door open and the drawing-room door—I had locked them both before I went out.
HERBERT SHIRT . I live at 113, Mildmay Road, and am a salesman—on 23rd May, about 9.30, I was in my garden—I heard a noise, and saw three or four men jump over my wall—I followed them, and they jumped over four more walls—I then followed one of them—he ran into an empty house and hid himself in a corner—I followed him and asked him what he was doing—it was the prisoner Solomons—he said "It is all right, Charley, I have only been having a fight"—I did not know him at all—he said he had been doing nothing wrong, and would go through my house—we went over the walls again and went into my house, and I detained him in the passage—he made all the excuse he could to get away, and threatened to kick me if I did not let him go—I gave him into custody—I afterwards found this brooch in my pocket.
Cross-examined by MR. RIBTON. Q. You saw a number of men jump over the wall? A. Yes, three or four—the others went over the walls, got into the road, and succeeded in getting away—my house and Mr. Irons' are back to back—they came over from the next garden—I don't know how they got into the next garden—you cannot get into the gardens from the street, without going through the houses or over the wall of the end garden.
AUGUSTUS GEORGE MANN . My father keeps the Lady Mildmay public-house—about 9.15 on 23rd May, I saw four men in Queen Margaret's Grove—Trays was one of the men—I went into the Mildmay Road, and heard a cry of "Thieves!"—I came back and saw Trays in custody—I believe Solomons was also one of the four men.
Cross-examined by MR. RIBTON. Q. You said before the Magistrate you could not be positive? A. Yes—to the best of my belief Solomons was one—I could not swear to him.
Cross-examined by MR. ROLAND. Q. What were you doing? A. I was delivering my beer—the men were standing still, outside 46, Queen Margaret's Grove.
Trays close to my gate, trying to listen to what we were saying—I next saw three men go into Mr. Irons' house, No. 43—Trays then began to whistle—I went to him and asked him what he whistled for—he said, for his dog—I said "Where is the dog?"—he said "Here"—I said "I don't see any dog about here," there was only my own dog—he said "He was here, a black and white dog"—I did not see any dog—mine was white and dark brown—I took hold of Trays and kept him till a policeman came—whilst he was whistling, I saw some men at the top window of Mr. Irons' house, with a light—as soon as he left off whistling they put down the light and away they went.
Cross-examined by MR. ROLAND. Q. Was Trays with the other three? A. No, I did not see him with them—he did not resist when I laid hold of him.
JESSIE ELIZABETH DICKSON . I live at 46, Queen Margaret's Grove—I went to the door between 9 and 9.30, and saw four men standing outside the gate, between our house and the next—I went to the dining-room window and looked through the blind—they stood there about a minute, and then went away—I called Mr. Pellai—I saw three of the men go into Mr. Irons' house, and I stood at the gate with Mr. Pellai a few minutes—Trays passed and then stood still—he appeared to be listening to our conversation—Mr. Pellai caught hold of him, and we went over to the house.
Cross-examined by MR. ROLAND. Q. Trays was going along the road, was he not? A. He was on the other side of the road—he did not seem excited when Mr. Pellai took hold of him.
SOLOMON— GUILTY .
He further PLEADED GUILTY to having been before convicted, in April, 1868**— Seven Years' Penal Servitude.
TRAYS— GUILTY **— Seven Years' Penal Servitude.
496. CHARLES HANDS (32), and GEORGE STONELY (23) , Burglahously breaking and entering the dwelling-house of Frederick William Johnson, and stealing six table cloths, forty-six knives, and other articles.
MR. COOPER conducted the Prosecution.
ARTHUR HAYES (Policeman N 297). At 5.30 on the morning of 28th May, I saw the prisoners together in Queen's Road, each carrying a bundle—another constable and myself stopped them—I asked them what they had in the bundles—they said nothing but their own property—I searched the bundles, and found six table cloths, three in each bundle, forty-six knives, one pair of boots, two pairs of shoes, four forks, two pipe cases, and a jacket—I told Hands I should take him to the station—he struggled very hard to get away; help came, and he was taken—on the way to the station he threw this jemmy from the leg of his trowsers—Stonely was wearing this jacket under his coat—they were each smoking a meerschaum pipe—one I produce; the other was lost in the struggle.
SARAH JOHNSON . I live at 35, Park Road, Stoke Newington, and am the wife of Frederick William Johnson—the articles produced are my husband's property—the pair of boots belong to a lady who was staying with us at the time, and this coat belongs to one of my sons—the table covers were kept in the sideboard, in the dining-room—the knives had been used in the evening, and were missed in the morning—I was called down, and found the house had been entered by the scullery window—the sideboard had been broken open—the value of the property was about 20l.—the scullery window was safe when I went to bed, and also the kitchen door—they had both been forced open.
JANE FOSTER . I am servant to Mrs. Johnson—I went to bed about 9.45 the night before the burglary—I fastened the shutter of the scullery window with four bolts—about 6.40 I went down and found the sideboard open, the kitchen doors and drawers—the scullery window was then fastened with one bolt instead of four—the linen was all safe the night before, it was gone in the morning—the house is in the parish of Hackney.
Hand's Defence. I saw a bundle lying inside a gate, and got over and fetched the bundle out, and found these things. I put what I could in my pocket, and carried the rest.
Stonely's Defence. I say the same as my fellow prisoner.
GUILTY . HANDS was further charged with having been, before convicted.
GEORGE LOCKYER . I produce a certificate of the conviction of William Gray, at the Clerkenwell Sessions, on 23rd May, 1864 (Read)—the prisoner Hands is the same person—he had five years' penal servitude.
Prisoner. I never had such a thing.
GUILTY**— Ten Years' Penal Servitude.
STONELY PLEADED GUILTY** to having been before convicted in April, 1869— Seven Years' Penal Servitude.
MR. COOPER conducted the Prosecution: and MR. RIBTON the Defence.
HENRY COOPER . I live at 1, Wellington Road, Bethnal Green, and am a blacksmith—on 22nd January I sold the prisoner a public-house for 695l. he gave me a bill for 50l. in part payment—I let it run for fourteen days, and when I went there were no effects—he called one evening and said he would withdraw that, and he gave me a bill for 75l.—Mr. Shires was with him when he came on 22nd January—he was represented to be the broker—Shires asked me to lend him 3l. till the day of change, when he would return it—I had only got a sovereign and I gave that to him, thinking that Mr. Thompson was going to take the house, and I should receive the money on the day of change—I should not have lent him the sovereign unless I had thought that the bill was genuine.
Cross-examined. Q. You say to-day he asked you for 3l? A. The broker asked me that—I did not give him 3l., I only gave him a sovereign—he is not a broker—he does not belong to a firm—I knew where he lived because I went to see him once or twice—the public-house I was selling was the Ship, in Spitalfields—I have sold it since for 660l.—Mr. Thompson wrote an agreement—he gave Shires the 50l. bill to give to me—I told Shires it was not paid, and he suggested that I should get the 75l. bill—I don't know that Shires had any one in partnership with him—I know a Mr. Atkinson, a broker—Mr. Atkinson carried on business at Landport Place—I did not see Shires there—I don't know whether Shires was with him; the bill transaction was not with Shires alone, it was with the prisoner as well—they were both together—the prisoner said he could borrow all the money from a Scotch ale brewer—he said he could borrow 400l. from the brewer and 100l. from the distiller—he brought persons to look at the house after he had given me the bill—he had drink every time he came, and never paid a halfpenny—I did not hear some of the persons tell him to have nothing to do with it, or say it was a thieves' house—I don't recollect it—I wanted to sell it because business was bad, and I wanted to
get out of it—there was no conviction against it—it was not in my bouse that a man named Porter stabbed a man, it was in the street—the quarrel did not take place in my house—I know what a friendly lead is—it is to assist one another to get a few halfpence together to pay a funeral—I believe it is a common thing among thieves to make a collection for those that are in trouble—that has not been done in my house—I gave the money to Mr. Shires—the prisoner did not have a farthing in my presence—I saw the prisoner on 11th May, and I told him if he did not tell me where to find Shires I would give him into custody for obtaining money by false pretences—the prisoner said he had never seen my money or my goods—we went to a public-house and had some gin—he paid for a quartern—he asked me to treat him before I took him into custody—I was never in custody—I left the prisoner in the public-house while I went to fetch my coat—I was away about two minutes—when I came back I said I wanted my money—he said "Come to my father's house and see what he says to it"—I went to his father's house—his father said I had better take him into custody—he would not allow him to give me the money—the prisoner went to the station with me—I had seen Shires before I knew the prisoner—I never had dealings with him—he agreed about the price when he came with the prisoner—I don't know what I was going to give Shires as commission—he was the prisoner's broker, not mine—I did not have any conversation with him about commission—I did not say I would give him 5l. in part payment of commission, if he got the prisoner to leave a draft—I did not promise to give him anything—I let Shires have four gallons of gin, to be paid for on the day of change—the prisoner was not present then—I gave the prisoner into custody for giving me false bills—I went with Shires one Sunday evening and had a glass with him—that Was during the time the bargain was going on—I made him a present of a bird in a cage, and he took it away with him.
NOT GUILTY .
MR. HARRIS conducted take Prosecution; and MR. BOTTOMLY the Defence.
EDWARD OLIVER . I live at 2, Denman Street—on Friday night, 13th May, I was in Archer Street leading into Great Windmill Street, near where I live—I went into a public-house at the corner of Archer Street—I saw the two prisoners and a female in the house—I knew McKan, by seeing him at the public-house he frequented next door to me—Courtney was with him—I have not the slightest doubt about them—I had a drop of spirits and water—the two prisoners and the female left about ten minutes before me—I had a gold lever watch and a gold chain with me—I had occasion to go to a urinal in Ham Yard, after I left the public-house—I proceeded about 12 yards down the yard, and my heels were knocked from under me, and some one behind me pressed me on the chest—I put my hand out to save myself, and fell on the bottom of my spine, and my head—as I was falling McKan came in front of me and snatched my watch—Courtney was the one who tripped me up—I laid on my back, and they ran in front of me, round the lamp-post, and I saw them both—the lamp was 12 or 14 yards away—I also saw them as they were taking my watch—there was light enough for me to recognise them—I had not the slightest doubt about them—I saw their backs as well—they ran away—I called out "Police!"—I gave information, and described them to the police—about a fortnight afterwards a
policeman came to my house, and I went down to the station—I looked an ten or twelve men—I saw McKan amongst them and recognized his face—I asked them to right about; I knew his back as well—he had a pilot coat on—I picked him out—he said "It was not me that took the watch, but I know who did; you were drunk and know nothing at all about it"—I was afterwards sent for a second time, but did not recognize anyone—the third time I was sent for, I recognized Courtney—he was among a number of men—I recognized him directly; he did not make any remark.
Cross-examined. Q. When was the first time you saw Courtney? A. On the 13th, in the public-house—I had never seen him before that—I had seen McKan, day after day, standing outside the public-house, next door to where I live—I never go to that public-house—I have not been inside for a year or more, because it is frequented by bad characters—I have seen McKan go in—I have never spoken to him—this public-house that I went to, is at the corner of Archer Street, St. James's, I was there about half an hour—I saw several persons come in to be served—I left about 10 minutes after the prisoners—they were sitting down in the bar—I was standing up—the female left with them—they were sitting down when I went in—Ham Yard is nearly opposite the public-house—I went about twelve paces down the yard—the urinal is at the bottom of the yard, in a dark place—I only went part of the way down—it was nearly 11 o'clock—I got home about 11.45—the first thing was my heels went from under me, and I was pressed on the chest—my heels went up in front, and I fell on my back—as I was falling McKan came in front and took my watch—I saw them both as I was falling backwards—I saw McKan take the watch as I was falling, and when I got on the ground, I saw Courtney—I had my hat on my head—it was all doubled up, I fell on it—they ran away in front of me—I was on my left side—they ran ten or twelve yards before they were out of sight—I identified McKan first from ten or twelve others—the policeman said "Look at those men and see if you know any of them"—McKan had a pilot coat on—I was at home about 6 in the evening—I went out about 8.45—I went to Coleman Street, and from there to Poland Street, where I had a crust of bread and cheese, and two glasses of porter—I was there some time, and then went in the direction of my home, and called at this public-house, where I saw the prisoners—I had six-pennyworth of whiskey and water there—that was all I had to drink that night—I recognized Courtney the moment I saw him at the police-station—I had him turned round that I might be doubly convinced—I had a good look at them after I was knocked down.
MR. HABBIS. Q. Were they together in the public-house? A. They were—I was very much hurt when I was knocked down—my hand is bad now—I was perfectly sober.
THOMAS PICKELS (Detective C). I received a description of the prisoners from the prosecutor, the day after the robbery, in consequence of which I apprehended McKan on the 18th, about 4.30, at the corner of Wardour Street—I told him I wanted him for being concerned with another in stealing a watch, on the Friday night previous, in Ham Yard—he said "I know nothing at all about it"—I said "Oh yes, you do; you will have to go to the station and see if you arc the one or not"—I found 3l. and a shilling on him—after he was put in the dock, he said "It was not me that done it, but I know who did"—I have seen the two prisoners together before.
Cross-examined. Q. Did you get Oliver to recognize McKan? A. I told
him there was a man we wished him to come and see—I was not there at the time he picked him out.
WILLIAM BOYLE (Detective E). I saw a description in our informations, in consequence of which I apprehended Courtney, on 27th May, in Broad Street—I told him he was wanted for a watch robbery, on the C division—he did not speak, and I asked him to come inside the station—I got the information and read over his description—he said he did not think he should get into a mess like that—he was placed with a lot of others, and Mr. Oliver picked him out immediately—his mother joined us on the way to the station; he turned round and said "It is a case with me this time."
Cross-examined. Q. You say the prosecutor recognized him immediately? A. Directly—I told Courtney to place himself where he liked, and he did so—the prosecutor walked in and picked him out.
Witnesses for the Defence.
ELLEN COURTNEY . I am the mother of the prisoner Courtney—I was laid up ill in bed on Friday, 13th May—he was at home that day—he was at home for three weeks—there was no one else to take care of me—he was not out at all that day—my husband was out—the prisoner was in bed at 10 that night.
Cross-examined. Q. You know it was the 13th, because you were ill? A. Yes; I had been ill three weeks—I was ill after the 13th—I have no other means of recollecting the day.
Cross-examined. Q. Your son sleeps with you? A. Yes—he was in bed with me on 12th May, and every night in April and May.
ZEDEKIAH SHORT . I am barman at the Two Ships, Old Compton Street—on Friday, 13th May, McKan came there about 10 o'clock—we were very busy—he had a pint of beer—I saw him about 12.30, when he left—I went in to my supper after I had served him—I won't undertake to say he did not leave the house.
Cross-examined. Q. How far is your house from Ham Yard? A. About three minutes' walk—I had a lot of persons to attend to—I can't say whether McKan left the house or not—he was there at 12.30—I don't know Courtney—I did not see him at all.
Witnesses in reply.
THOMAS PICKELS (re-examined). I know Courtney well—I have seen him with McKan several times—I recollect 13th May—I was in Compton Street about midnight, and saw Courtney there, with four or five others that I know well—they were going towards the Dials—that was on the morning of the 14th, nearly 1 o'clock.
WILLIAM HOLDWAY (Policeman A R 20). On the 28th April I saw the prisoner Courtney, with two others, pick an old gentleman's pocket in Trafalgar Square—I know him well—the other two were convicted—he was in company with them and got away.
MCKAN**— Five Years' Penal Servitude.
COURTNEY*— Eighteen Months' Imprisonment.
FOURTH COURT.—Wednesday, June 8th, 1870.
Before Mr. Recorder.
MESSRS. MHTCALFE and MONTAGU WILLIAMS conducted the Prosecution; and
MESSRS. BESLEY and BROMLEY the Defence.
ALEXANDER FEBGUSSON . I am a spice merchant, in partnership with John Clarke Foster, at 23, Eastcheap, and 3, St. Mary-at-Hill—about June last year the defendant applied to us for an engagement as traveller—certain negotiations were entered into—he was to take orders in the Birmingham district and receive money, which was to be remitted to us immediately—at the time of the engagement we mentioned Manchester, Liverpool, Bristol, Cheltenham, and Gloucester—if he went to those towns we were to pay his expenses on his sending an account—and I think after going twice he sent an account for the joint journeys, twelve guineas, which was paid—during the whole time he was in our service he did not make any claim against us for any other journeys outside the Birmingham district, nor for the Birmingham district—his salary was 200l. a year; and he had an engagement with another house which was rather more than ours—if he received a cheque payable to order, it was his duty to send it to us at once—he had no authority from anyone to endorse a cheque, and in no other case did he do so, except that which is the subject of this indictment—in consequence of information we wrote him this letter on 15th December: "We have to acknowledge the receipt of your letter of the 14th, enclosing bank note value 10l. We are much surprised at your request, as one of our fixed rules is that our representative should remit all sums collected on account at once. We enclose your journey account to date, and must request that the balance be remitted without delay. We trust you will not give us cause to complain of this again, as we never allow this rule to be broken through; if so, it may lead to a termination of our engagement"—About the end of December we communicated with some of our customers as to a settlement of their accounts, and in consequence of the answers we received we discharged the prisoner—we had a customer named Henry Chandler, grocer, 73, High Street, Birmingham—on 6th October, 1869, we received the sum of 2l. 7s. 6d. from him—it was included in the prisoner's account—this is one of the prisoner's accounts (produced)—we did not receive 3l. from him on 22nd November—we have also a customer named Henry Thomas, of 27, Smallbrook Street, Birmingham—the prisoner did not send us a cheque for 5l. 6s., received from him on 27th November—this is a detailed account, made up subsequent to his dismissal.
Cross-examined by MR. BROMLEY. Q. That account is not the only account the prisoner has delivered to your firm? A. No—as he went on with the business he used to seed us accounts—the Midland District is a very expensive one to travel—we were aware that a man could not possibly travel over that district on 200l. a year—the travelling expenses would come to something like that—there is no sum of 3l. in this account received from Andrews & Chandler on 22nd November, but there is on the 27th—we do not think it necessary to oblige our traveller to send up every small cheque, the bankers do not like it: they prefer having them put together in a lump—this cheque of Thomas's for 5l. 6s. he endorsed without our consent—if he endorsed a cheque under any circumstances we should look upon it as a forgery—the sum of 5l. 6s. is mentioned in the account on the 27th—I cannot say whether we wrote to him telling him not to send up small country cheques, as they caused so much trouble—there is no such
letter in this letter-book (produced)—he used to send us accounts at intervals of three or four days—this account is a rest of all the small accounts—I have not compared it with the others—when we took the defendant into our employ, we had a guarantee from the Guarantee Society—we commenced these proceedings on 19th May—200l. a year was all the prisoner was to receive from us, with the exception of when he went to Liverpool and Manchester—I will swear we never agreed to pay his travelling expenses, and he never made any claim upon us for those expenses until long after he was dismissed—we received a writ on 23rd April, and that was the first time we received any application for travelling expenses—we dismissed him on 20th December—we never gave him, or anyone else, to understand that we were going to pay part of his expenses—we say in answer to the twenty-first question of the Guarantee Society, that part of his expenses are allowed; that was when he went oat of the Birmingham district—the Guarantee Society refused to pay us anything until we had prosecuted him, and it was not until then that we took proceedings—I swear that he never made any application to us for expenses till four months after he left—we had no letter from his solicitor—I believe the Guarantee Society and he, between them, made out that the expenses had been incurred, and that made the groundwork of the action against us—the date of the writ is 19th April, and perhaps we heard a fortnight before that that he had a claim against us—this letter (produced) is from our firm—as early as 19th February we had received notice of it, but not from him direct—in this letter we acknowledge to have received notice on 19th February—I was not aware of the existence of the letter.
MR. METCALFE. Q. This I see is written to the London Guarantee Society? A. Yes—I do not know how it came into the prisoner's possession—the Guarantee Society are contesting our claim—the writ is endorsed for 88l., for expenses for six months, and other moneys for an extra month, and he proposes to give us credit for 68l. cash received—we have received no cash from him since 23rd April.
JOHN JIFFRBYS BRIGGENSHAW . I am book-keeper to the prosecutors—all the accounts iron the prisoner passed through my hands—I have them all here—everyone has passed under my notice, and I have compared them with the document which came on 27th December—the item of 2l. 7s. 6d. paid by Andrews and Chandler on 6th October is not mentioned in any one of these letters—the cheque for 5l. 6s. has not been remitted to London—I know of no money being paid after this account was handed in—I am unable to say exactly the last date I saw the prisoner at the prosecutor's premises—it was towards the Autumn—I did not see him after that—I did know that he was holding these sums of money, amounting to 68l.—sums are mentioned here which have not been paid—the amount was constantly changing, it was never the same two days alike.
Cross-examined. Q. The defendant, I believe, is a Birmingham man? A. He resides in Birmingham—here is the ledger, there is no mention of he 5l. 6s. on 27th November—he was sending up letters every day—there was not generally a large balance in his hands, for the balance was generally in his favour—once or twice there was a small balance in his hands, but not sufficient to make a fuss about—he generally over remitted.
COURT. Q. Then he paid over more than he accounted for? A. Yes. MR. BROMLEY. Q. After he left your employ he made out that long account of these items that were omitted or overlooked? A. Yes—he kept
moneys which he never advised—he was dismissed summarily—the terms were six months' probation, and he was not to have any notice—he for-warded this long account after repeated letters pressing him to do so—he ought to have advised the moneys at the time he received them—on 2nd December he advised us payments to the amount of 31l. 15s.; there was 25l. and 6l. 15s.
COURT. Q. It would appear that at the end of November, 1869, by this account, he had paid over 30l., odd more than he had given credit for having received? A. Yes, he did.
NOT GUILTY .
JOHN CLARKE FOSTER . I am one of the partners in the firm of Fergusson & Foster—I saw the prisoner when he came up on each occasion—I was present at the arrangement made with him—it was as Mr. Fergusson has told us—he was to travel for six months in the Birmingham district, and to receive a salary of 200l. a year—he was to have no expenses in that district—we never received any claim for or suggestion about expenses until the writ came—on two occasions he was required to travel in the Man-Chester district, and he sent in a claim for those expenses, which was paid—we had occasion to write to him complaining of some omissions—on 24th December, we wrote: "We herewith hand you list of accounts, which you have received and not advised us of"—before we wrote that letter we had communicated with some of our customers—he did not subsequently to that letter send us a remittance for those accounts—we had not then discovered Dawes, of Birmingham, 8l. 13s. 6d., nor Bennett, of Stockpool, 6l. 3s., nor that he had not paid sufficient on the account of Thomas, of Wolverhampton—the prisoner sent us this letter of 27th December, containing this list—"Dawes, 8l. 13s. 6d.," is mentioned in that—I do not see Thomas, of Wol-verhampton—the sum received is 2l. 13s. 6d., as we have not received the further sum of 1l., making up the 3l. 13s. 6d.—I do not find Bennett, of Stockpool, 6l. 3s.—we have never received any advice from him that that sum has been paid—he did not come to our office to settle up after our letter of 24th December; neither did he pay any money after that date—I was not aware from him that he had 68l. of ours in hand—I did not know lie was keeping a book which I saw just now.
Cross-examined. Q. Did not you know very well that the agent of the Guarantee Society went into the accounts with him? A. I did not—they told me they had gone into the matter—I do not remember that they told me they had gone into the matter with him, and that there was a balance due from us to him—I do not remember their saying he would consent to 'cry quits' with us—Mr. Thomas's was a cheque for 3l. 13s. 6d.—I have not got the banker's slips here—we have an entry in the ledger, on 27th November, as having received 28l. 13s. 6d.; it is entered as 25l. and a cheque for 3l. 13s. 6d.;—I do not know that that is Mr. Thomas's cheque; I have not made any inquiry—this is our memorandum sent to the Gua-rantee Society on 25th January, 1870: "Mr. Jh. Thomas, Wolverhampton, in his letter to us this morning, informs us that he paid Mr. Dunkley on 25th November. He only advised us 2l. 13s. 6d. This will make the debt 1l. more. We have sent Mr. Dunkley particulars by this post."—With regard to the 6l. 3s. from Bennett, we did not get a letter from the prisoner,
in January, advising us of the receipt of that—to the best of my belief, I bare not seen such a letter—I was examined at the Mansion House—I believe Mr. Fergusson admitted there that the prisoner had given an account of the 6l. 3s.—I do not know that there was a similar amount of 6l. 3s. paid by Andrews about the same time—I knew of this 6l. 3s. from Bennett some time after we dismissed Dunkley, I cannot fix the date—I did not require the prisoner to make a declaration as to the accuracy of his account—I am not aware of any communication with the Guarantee Society in reference to that.
COURT. Q. Did you carry on the correspondence with the Guarantee Society, or your solicitors? A. We did, part of it, and afterwards transferred it to our solicitors.
MR. BESLEY. Q. Do you mean to say that you know nothing of a proposal to settle the matter for 25l? A. Certainly not—I have not brought the letter of 8th February; woo were not asked to bring it—I have not got the letter of the 19th—I do not remember the date we learnt that Mr. Dunkley would take proceedings if he were not settled with—I cannot give you the date when we sent in the particulars to the Guarantee Society—I have produced the copy writ we were served with—there was to be no notice given—I see in this paper it is filled in "One month in writing"—I was not aware of that when I was examined at the Mansion House—the expenses of the Birmingham ground would certainly not come to the full amount of his salary; it would be less than 100l. a year, and he had another commission besides—I am not certain when our Manchester agent left us—on 29th November we received a remittance for 35l. 3s. and on 3rd December 31l. 15s., on 10th December 56l. 10s., on 15th December 10l., and on 20th December 10l.—on 21st December there is a cheque for 8l. 6s.—I do not know that we had wholly omitted to give him credit for the 8l. 6s. 10d. until it was pointed out—I do not know that he was not given credit for it until after March.
MR. METCALFE. Q. I observe my friend is checking you by a little book; did the prisoner ever account to you from that book? A. No; I know nothing at all about it—the Guarantee Society is for insuring the inegrity of travellers—we communicated with the secretary—the policy was sent to the prisoner—we insisted on the prisoner sending it to us, and we got it about the end of December—we wrote many times for it, and could never get it delivered—after pushing the prisoner for the balance due to us, he set Up a counter claim; that was shortly before the writ—the jeer was travelling for another firm, in teas—they did not pay the expenses—he never claimed of us any expenses for the Birmingham journey.
COURT. Q. Was there any account sent with those sums for 10l. and 8l. 6s. 10d., stating what they were for? A. No, I believe not—the 8l. 6s. 10d. is merely entered as "Cheque"—at the same time that he sent the 8l. 6s. 10d. he sent 40l.
Q. Is there any account to show in satisfaction of what sums this 40l. was sent? A. Unless there is one on the letter that came with it; I do not know; there must be one—I think we were pressing him very hard for money at the time—we wrote him a letter calling upon him generally to Pay up.
Under the direction, of THE COURT, the Jury returned a verdict of
NOT GUILTY . There were other indictments against the prisoner, upon which no evidence was offered, and a verdict of
NOT GUILTY was taken.
MR. POLAND conducted the Prosecution.
HORACE KOLLMAN MAYOR . I am one of the firm of Sir Robert Walter Garden & Co., stock brokers, in the City—on 5th February, the defendant called at oar office—I saw him—he was introduced by Mr. Johnson—he requested us to sell ten shares in the Central Bank of London, and produced these two certificates for five shares each—I agreed to sell them—he wanted them sold for cash—I told him we should hare some difficulty in doing that, and he said he should require some money immediately—we send to the bank, and hearing it was all right, we sold the shares and gave him 25l. on account—before doing that I drew out the transfer, and he signed it—this is the cheque (produced) drawn by our firm, and which was gives to the prisoner—on the 18th he came, and we gave him a cheque for the balance, 9l. 10s., payable to his order—on no account should I have parted with the cheques unless I believed he was the owner of the shares, and had power to transfer them—I was not aware that he had become bankrupt, or executed a deed of assignment.
HURST DANIKLL . I am secretary to the Central Bank of London—up to January, 1870, it was called the East London Bank—in 1865 the defendant was the holder of ten shares—in the present year he applied to me to have a new share certificate issued, as he had lost the old one—I directed him to make a declaration—on 3rd February he came and lodged this declarations (produced)—I wrote this letter (produced) and he signed it—I then issued to him two certificates for five shares each, in substitution for the lost car defecates—on 17th February those certificates were lodged with us by the purchaser—at that time I was not aware the defendant had been bankrupt in 1869—I was aware of a prior bankruptcy, and bad heard it was annulled—I was not aware of a deed of assignment.
Prisoner. Q. On what day did you receive the notice of transfer from Sir Walter Garden? A. I think it was on 1st February—I communicated with you the same day—I have a copy of the letter—I received notice from Messrs. Miller & Miller not to transfer the shares on 18th March—I had no communication with your assignees in bankruptcy—I did not see Sir Robert Garden's clerk—I might have said that there was no charge entered against them in our register.
FRANCIS MILLER . I am a solicitor, of 5, Sherborne Lane—I was solicitor to the assignees under both bankruptcies—the first bankruptcy was annulled—we got the Court to approve of a composition deed between Acomb and his creditors, by which they were to receive 5s. in the pound, and Mr. Bird was to become surety for the payment of the money; and to indemnify Mr. Bird, Mr. Acomb executed this mortgage of all his real and personal property (produced)—I was not aware that the prisoner was possessed of ten shares in the East London Bank—the next bankruptcy was in January, 1869—these two cheques (produced) are payable to order and endorsed by the prisoner.
Prisoner. Q. Were you not also my solicitor from the commencement of my bankruptcy to the completion of it? A. No—I only acted for the assignee—it was first of all suggested that you should pay 7s. 6d. in the pound—I did not send out papers to the creditors offering 7s. 6d. in the pound—this form (produced) was not sent to the creditors—this (produced) is only a form of assent—I prepared also a deed for Mr. Bird—at the time
those deeds were signed I induced you to sign four bills of exchange for 50l. and one for 22l.—it was not without any consideration whatever, it was to pay the costs of the bankruptcy and they lame to 222l.—I did not as your solicitor make you bankrupt upon one of those bills—it was my duty as solicitor to the assignees to prepare your papers in the bankruptcy—I deny acting as your solicitor.
BERTRAM ROBERT JOHNSON . I am an officer of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of James Aoomb, of the Miter, Lower Tooting, licensed victualler—the date of the adjudication is 128th March, 1868—Mr. Bird was chosen assignee—that bankruptcy was annulled on 1st October, 1868—I also produce proceedings in bankruptcy of 19th January, 1869, against the same person, and Mr. Harvey was chosen assignee—in the list of property under the head of "Shares" is written "None."
JOHN WILLIAM BIRD . I was assignee under the bankruptcy of 1868—I afterwards I had a deed of assignment executed in my favour—I did not know of the existence of the shares in the East London Bank—I claim everything under that deed.
Pruomr. Q. Did you not agree with me and Mrs. Acomb that you should hare 100l. out of the estate for becoming friendly assignee? A. No, nothing of the sort; you came to me about three weeks before your bankruptcy, and borrowed 50l. in hard cash, and seeing your name in the Gazette, I was very much annoyed—you gave me a ticket for two rings that were in pledge.
WILLIAM COMBER HARVEY . I am assignee under the bankruptcy of 1869—I was not at all aware that the prisoner was possessed of ten shares in the Central Bank, or the East London Bank—he had not accounted to me, as trustee, in any way.
The Prisoner's Statement before the Magistrate: "I shall decline to call witnesses, on the advice of Counsel; but I must state that the shares of this Bank passed out of my possession in 1864, and that I have newer been the owner nor the holder of them from that date to this. I borrowed the money upon the shares at the very full market value, in 1864. Those shares, with twenty-five others, went into the hands of the gentleman to whom I have referred, who is a large merchant in London, and whom I can call; but I decline to give his name. I have only been a nominee. Since then they were renewed in my name at the bank. At that time the banks were failing almost every day, and the value of the shares, upon which 5l. had been paid, had gene down, the market value being 2l. 10s. They were 50l. shares, and he did not like to incur the probable loss of 47l. 10s. on each of them. They have remained in my hands ever since, and the only object I had in disposing of them was for the benefit of the party for whom I held them."
Witness for the Defence.
EDWARD WHITE . I remember assisting the prisoner somewhere about the years 1864, 1865, or 1866, by giving him now and then 50l., to pay wages with, or something of that sort, and he placed in my hands bank shares as security—I do not know whether these are the same shares—I am not sure whether I received a dividend from Mr. Bird or from the Bankruptcy Court, I received something—I looked upon the whole money as lost—I think I gave him back those shares with a lot of papers—I have no power of attorney.
Cross-examined by MR. POLAND. Q. You say you lent him 50l? A. lent him 200l., I am sorry to say; but I did not lose that by him—I have nothing whatever to do with this transaction—he has never paid me any portion of the 25l. or the 9l. 10s.
GUILTY — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. BROMBY the Defenses
ELIZABETH ERVIN . I keep a shop at 57, Chiswell Street, and at the corner of Milton Street, it is part of my dwelling-house—on Saturday 21st May, I closed the shop at 12 o'clock—about 1.30 on Sunday morning I was aroused by the ringing of the bell—I found one of the shutters forced open, and the glass broken—I missed three shirts, three pairs of drawers, and other things.
MART ANN BRADFORD . I am the wife of John Bradford, of 18, Crown Court, Milton Street—on Sunday morning, 22nd May, I was going home, about 1.20 or 1.30—I saw a shutter down of Mrs. Ervin's shop, the window was broken, and there were three lads there—the prisoners were two of them—Toole was drawing goods out of the broken window, and passed them to the other two—I met two policemen, and made a communication to them.
Cross-examined. Q. Was it dark? A. No, it was a moonlight night—I have no doubt that the prisoners were two of them—I had known them before, loitering about the steps nights and days.
COURT. Q. Did you speak to them that night? A. No.
JOHN GEORGE TIERNAY (Police Sergeant G 21). On 22nd May, I apprehended Toole in Milton Street, about 50 yards from the prosecutor's premises—I said I wanted him for moving a shutter and breaking the glass, and steal-ing some wearing apparel from there, pointing to the shop—he said "I was not there, I had been to the Park waters all night"—I took him to the station, and while the charge was being taken, he said "I saw two lads there, and a shutter down, but I know nothing of it"—on 24th I apprehended Reevos in Milton Street—I said "I want you for being concerned with Matthew Toole, in breaking the glass, and stealing some wearing apparel there"—pointing to the shop—he said "I was not there, I know nothing about it."
COURT to MARY ANN BRADFORD. Q. Where did you next see Toole? A. At the station-house—he was alone—I was taken to see him—I saw Reeves at the station, alone—I have known the prisoner fourteen years.
MR. BROMBY. Q. Have you known the prisoners sitting about on door steps? A. Yes—I have told them to go away, and they have answered me saucily—I am not very fond of them—I have never said to them, I should like to see them put away—I had no ill-feeling towards them.
Witnesses for the Defence.
ELLEN PAUL . I live at 26, Long Buildings, Whitecross Street, St. Luke's, and am a box maker—I have known Toole about two years—on Saturday night, 21st May, I was with him from 12 o'clock till 1.30—he went towards my house with me, and stopped with me—I took him away
from the corner of his mother's court—we stood in Lamb's Passage, talking, till 1 o'clock, and then we went from there to my street door—it was 1.30 when I left him, and he said he was going to the Park waters.
Cross-examined. Q. Do you know Reeves? A. Yes—I did not see him that night—I do not carry a watch—I have a clock in my room, and it was 1.30 when I went up stairs—I was keeping company with him.
MARY PYNE . I am the wife of Francis Pyne, of 14, Crown Street, Milton Street—on Saturday night, 21st May, at 10 o'clock, I saw Reeves in Whitecross Street—he asked me to have something to drink, and we went into a public-house and stopped there till 12 o'clock—he then went home with me, and stopped till 2.20, when my husband came in, and he and my husband went out till 6.30 Sunday morning.
Cross-examined. Q. Is your husband here? A. No, he is at work at Petticoat Lane—I have not got a watch—Reeves is in the habit of coming home to my house—he does not generally stop there till 1 or 2 in the morning—I do not know who my husband works for—he is a labourer—I live about five minutes' walk from the prosecutor's—I believe my husband land the prosecutor went to the Park waters.
ANNE SLATER . I live at 12, Crown Court, Type Street—on Saturday, 21st May, I saw Mrs. Pyne and Reeves, about 12 o'clock—I was sitting on our door step—they stayed there until 1.30, and then they went up stairs—Mrs. Pyne is married to Reeves' cousin.
Cross-examined. Q. Have you got a clock? A. Yes—I do not know why I looked at the clock to see that it was 1.30—Jem Connor was looking out at the window, and said it was 2 o'clock—I looked at the clock and said no it was only 1.30.
COURT. Q. What are you? A. A tailors—I work for my father, and be works for shops in Cheapside—Mrs. Pyne lives three or four doors off—I saw them go into that house.
GUILTY. Recommended to mercy on account of their youth — Nine Months' Imprisonment each.
MR. MEAD conducted the Prosecution,
JAMES EDBROOKE . I am a merchant's clerk, of 69, Trinity Street, Borough—on the night of 20th May I was in Bride Lane, Fleet Street, with two friends—we met the prisoner there, and she asked one of us to treat her—we all four went to the Crown Tavern, and then the prisoner said she wanted to speak to me outside—I went outside, and she said she was very hard up, would I give her sixpence to ride home, and she added, if I would give her a shilling I should have intercourse with her—we went up a passage, and after remaining there a short time, we returned to the Crown Tavern, and I was about to pay the prisoner the shilling, when I discovered that all my money was gone, 2l. 18s. 19d.—I charged her with robbing me; she denied it—I sent one of my friends for a policeman, and while he was gone the prisoner took some money out of her pocket and said "That is all I have belonging to you"—I counted it, and found 18s. 19d.—I told her that was not all, that there were two sovereigns more—I had the two sovereigns in a purse, and the 18s. 9d. was loose.
ELIZABETH HARRISON . I am female searcher of the Fleet Street Station—I searched the prisoner and found an Australian sovereign in her stocking—she had a coin in her mouth, which she swallowed—I heard it junk against her teeth.
Prisoner's Defence. Last Thursday night week I went with a gentleman to the Angel Coffee House, and he gave me a sovereign, which I put in my stocking for safety.
The Prisoner's Statement before the Magistrate: "I was the worse for drink; he made me the worse for liquor, or I should not have done it. He and his two friends blew smoke in my face, and made me stupid."
COURT to JAMES EDBROOKE. Q. Did you know what either of the sovereigns were that you lost? A. Yes, one was an Australian.
GUILTY **— Seven Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution.
STANISLAUS JOHN NOWAKOWSKY . I live at 10, Pembroke Gardens—as Saturday night, 8th May, I fastened my house securely, about 11.30—I was aroused about 6 o'clock in the morning by a policeman, went down, and found the kitchen window broken at the centre pane—I missed five pairs of boots, which were produced before the Magistrate, and I identified them—they belonged to my father—there were four coats also—all the property has been given up—this opera glass and coins (produced) are my father's property.
EDWARD BATTEN (Policeman 357). On the morning of 6th May, about 5.30, I was in Pembroke Gardens, Kensington—I saw the prisoner leave the front garden of No. 10, with a bundle on his shoulder—when he saw me he threw it down, and ran away—I caught him and said "You must consider yourself my prisoner"—he said he would go quietly; but after-wards he stopped and resisted violently—I struck him over the hand with my staff—he seized me by the throat, and we struggled for five minutes, when another constable came and assisted me to take him to the station—afterwards the bundle was picked up which contained the things identified.
Prisoner's Defence. I saw a man come out of Pembroke Gardens, and I heard a cry of "Stop thief!"I picked up a bag, and was going down the embankment, when the policeman came up to me and said "You must consider yourself my prisoner. "I was running after the man, and trying to get hold of him.
He was further charged with having been before convicted.
Prisoner. Q. How do you know I am the man? A. I know you are; I could tell you from a thousand.
GUILTY— Eight Years' Penal Servitude.
507. WILLIAM WRIGHT (16) , to breaking into the shop of Thomas Rudkin, and stealing therein eight spoons and 10l., his property— Three Months' Imprisonment. [Pleaded guilty: See original trial image.] And
OLD COURT.—Thursday, June 9th, 1870.
Before Mr. Justice Blackburn.
MESSRS. RIBTON and STRAIGHT conducted the Prosecution.
JOHN CHAPMAN . I live at 9, Sparrow Corner, Minories, and am traveller to a provision merchant—the prisoner and I had been living together as man and wife about seven years—she has borne two children, a boy named John and a girl named Jane—the boy is about six months old—I had separated from the prisoner about six weeks before this, but I had seen her every day at her own place—I went to see her for the sake of seeing the children—on 5th June, between 5 o'clock and 5.30, I was on the Blackwall pier, about my ordinary business—I saw the prisoner there—I had the eldest child, I had taken her out for a walk, and the prisoner had the boy in her arms when I joined her—she was talking to two foreign gentlemen on the pier-head, and she turned round and saw me—the only thing she said to me was that she would drown the children or poison them—I told her if she did she would be hung for it—I let go of the girl and let it play about on the pier-head, and the prisoner ran to the child, got hold of it, and made in attempt as if she was going to jump into the water, only she bethought herself and came back again—directly after that she took hold of the child again by the arm, and she bad the other child in the other arm, and she jumped right off the pier-head into the water—there was an alarm given—there were lots of people on the pier-head, and everybody tried to save her—I saw her taken out, and the two children—she was in a very bad state after coming out of the water—she was insensible—the children seemed to be all right—they were taken to the house where she lived, which was close handy—I took the children there, and she was taken by some of the dock people—afterwards, in the house, she tried to take the boy out of a lady's arms, and put her arms round its neck, and if she had her own way she would no doubt have strangled it.
Prisoner. I did not mean to strangle my child, I wanted to give it the breast, and put out my arms to take it, and they would not let me have it—I told him I should soon be dead, and he said it would be a d—good job if I was dead; and when I said I should drown myself and the children, he kept saying "Do it, do it," and dared me to do it. Have I ever done wrong to my children or you? Witness. You have not kept them clean as you ought to have done, like a mother; you kept them dirty—I did not dare you to do this, I only said if you did do it, you would be hung for it.
JURY. Q. Did you make any attempt to save the woman? A. I did as much as I could—I cannot swim, or I would have jumped after her—there were about fifty people on the pier-head at the time.
GEORGE CORNILL . I am lockman at the West India Docks—on the evening of 5th June I was on Blackwall Pier, and saw the prisoner there with her two children—she and Chapman had been wrangling together—I
was about fifty yards from them—he went away from her, and she fell down about 8 ft. or 10 ft. from him—she got up again, and made an attempt to go into the water, as if she was going to throw herself in—I was on the bridge at the locks—she had both the children with her—she did not do it then—she went and had some words with Chapman—I was not near enough to hear what was said—I then saw her with one child in her arms, and the other by the hand, deliberately jump into the water—she was just on and the surface of the water; her head went under once—I saw that Chapman took no interest in her, and I ran and got a large hitcher, 10ft. long, with a hook to it, and I hooked it to the back of her dress, and saved her till such time as the boat came and took her out—she was sensible when she came out of the water—she kept hold of the children while she was in the water.
COURT. Q. What was the state of the tide at this time? A. It was about 21 ft. deep—the surface of the water was about 5 ft. below the head of the pier—she jumped into the tide-way—it was high water, so that the tide was at a standstill—she was holding the children, trying to save them.
CAROLINE MCLAREN . I am lodging at 11, Preston Street, Poplar—on this afternoon I was returning from the pier, and hearing a scream. I went back, and saw the prisoner in the water, with her two children—I did not see her throw herself in—I saw them taken out—I took the little girl home—the father asked me if I would go with him, and take the child to the house—I did so, and the prisoner was brought there afterwards, and a doctor was sent for—by his orders I put the little boy into a bath, and when I took it out to wipe it, the prisoner tried to wrench the child from me—she took hold of it round the neck, and had H by the legs—she said she would die with her children, and she said so before that, as soon as she came into the room—she appeared in a very excited state—I don't think she was sober, her breath smelt very strongly of spirits.
GCORGE BASS (Thames Policeman 101). The prisoner was given into my custody, and I took her to her house, under the doctor's orders—she said she meant drowning herself and her children too—she was very much excited.
Prisoner's Defence. On 14th March, seven years ago, I left my home with the intention of marrying this name in three weeks. Since that we have lived together; he did not marry me; I had children by him, and did not like to leave him. He behaved very well to me at first. We were in great poverty, and I shared it with him. The last twelve months he has turned out a real vagabond, and since that he has been calling me all the names he could. I bore it all in silence, as I did not like to bring disgrace upon my children. He began to stay out night after night, and when I questioned him the only answer I got was "What odds is it to you, you are not my wife; I can do as I like." One night, about six weeks ago, he told me he was a married man, that his wife was alive, and had found him out. It preyed on my mind a good deal, and since then I have certainly neglected my home and myself, and felt that I was going to destruction. I said "I would sooner be dead than continue to lead such a life "He said "The sooner the better. "I bore it till I was almost distracted. On this day he came and took my girl out. I went with the boy on to the pier. There were two foreigners that knew him, and he came up and said something about the b—Irish. I got angry, and we quarrelled on the pierheid. I said "I would sooner be dead than lead this life," and he kept saying "Do it, do it," and dared me to it, and I went to the pier-head and almost
lost my senses. I did not wish to do my children any harm; but I did not like to part with them. He knows I have neither father, mother, or relation, and I am a married woman. That is God's truth. There was a woman on the pier-head at the time; I should like her called, to state what she heard.
MART WEBSTER . I was on the pier-head on this occasion—I heard Chap-man and the prisoner quarrelling concerning the first wife—Chapman told her to take the children home—she said "No, the children are yours"—he told her twice to take them home—she said no, she would throw her children and herself into the river—Chapman said "Do it, then, do it," twice—the prisoner had got the baby on her left arm, and she ran and picked up the little girl, and in making an attempt to go to the water's edge she fell down on the ground; she got up immediately, and threw herself into the river, with the two children—I went to the edge and looked in, and saw her on the top of the water—the children were in the water, but I did not see them—an alarm was given, and they were picked out by tome of the watermen—one man picked one up with a hitcher.
Prisoner. Q. Have you ever seen anything wrong of me before this occurrence? A. No; I never saw you the worse for liquor until this occurrence.
JURY. Q. How long have you known her? A. About twelve months—she lived opposite me—Chapman never offered to help her, only gave the alarm; he never offered to stop her, but stood alongside.
NOT GUILTY .
No evidence was offered on this indictment.
NOT GUILTY .
NEW COURT.—Thursday, June 9th, 1870.
See KENT CASES.
THIRD COURT.—Thursday, June 9th, 1870.
Before Mr. Common Serjeant.
512. RICHARD NASH (34) , standing indicted for felony. Upon the evidence of MR. JOHN ROWLAND GIBSON , the surgeon of Newgate, the prisoner was found insane, and unable to plead — Ordered to be detained until Her Majesty's pleasure be known.
514. JOSEPH JAMES MUSK RUMBELOW (32), CORNELIUS EDWARDS (38), and HENRIETTA EDWARDS (40) , Unlawfully conspiring together, with others, to obtain goods from Octavius Edward Coope and others, with intent to defraud.
ISAAC JAMES BOOTH . I am clerk to Messrs. Ind & Coope, the Romford brewers—on 16th February I supplied beer to No. 11, Ashton Terrace, Netting Hill, to the amount of 1l. 13s.—I produce an order, dated 14th
February, and A card with the name of Rumbelow attached—I also produce two orders, dated 29th December and 12th January, in the name of Jaggard, in consequence of which I supplied beer to 29, Seven Sisters Road, Hollo way, to the amount of 1l. 12s.—I also produce orders for beer supplied to 56, Sun Street, Bishopsgate Street, on 17th December, 29th December, 10th January, and 19th January, in the name of Jaggard, to the amount of 5l. 0s. 6d.—I was never paid for any of that beer—I also supplied beer to 15, Newton Terrace, Portobello Road, on 31st January, 10th February, 7th March, and 10th March, to the amount of 9l. 0s. 6d., in the name of Edwards—we had a customer of the name of Edwards, at Pownall Road, Dalston, who was in the habit of paying his bills—I received from Hampshire, the carman, a memorandum relating to a change of address—I have never been paid that 9l., or any of the money—we did not find out how we had been treated till the month of April.
Rumbelow. Q. Did you say you sent two casks of beer to Rumbelow? A. One to Rumbelow, of Ashton Terrace—your wife did not pay the carman.
EDWIN HAMPSHIRE . I was carman to Messrs. Ind & Coope—on 14th February I was directed to deliver a cask of beer at 15, Newton Terrace, Notting Hill, in the name of Edwards—I saw the female prisoner—I had been directed to apply for the money on delivery—I asked her for the money—she the said she was Mrs. Edwards, and had dealt with us at Pownall Road, Dalston—she said that she had just removed from there to Newton Terrace, and they were not quite settled—upon that I left the beer, and I made this memorandum, "2, Pownall Road, Dalston," on the bill, in her presence, in consequence of what she told me—I knew we had a customer, at Pownall Road, Dalston, of the name of Edwafds—I delivered another cask in March, at Newton Terrace, in the same name and under the same belief.
SAMUEL EDWARDS . I live at 2, Pownall Road, Dalston—I never lived at 15, Newton Terrace—I have dealt with Ind & Coope about seven years—I never ordered any beer to be sent to 15, Newton Terrace, or anywhere but my own house—I don't know the prisoners; I never saw them till they were at Hammersmith Police Court.
JAMES SPRULES . I live at 31, Newton Terrace, Notting Hill, and am in the service of Mr. Baker, a butcher—I know the three prisoners—they lived at 15, Newton Terrace; I have seen them all there from time to time—I was present when the two male prisoners were taken into custody, at 2, Carlton Terrace, Bow—I knew them at Newton Terrace, in the names of Rumbelow and Edwards, and the female prisoner as Mrs. Edwards, and there was Mrs. Rumbelow, who js not in custody—15, Newton Terrace was a shop—it was never opened—they were there about a fortnight—we served them with meat rather more than a week—when they were taken into custody at Bow, Rumbelow said his name was Musk—there win place of business there with "Musk" put up—the female prisoner took the meat in at Newton Terrace.
H. Edwards. I never took meat in but once, and then Mrs. Rumbelow was not in. Witness. She has taken meat in two or three times.
Rumbelow. Q. You say you have seen me several times? A. Yes, and I saw you the night you knocked me about—the bills were sent in in the name of Rumbelow—I have nothing to do with the bills.
MR. M. WILLIAMS. Q. Is that your master's handwriting? A. Yes, it
is a bill for meat, supplied to Mr. Rumbelow, from 5th March to the 12th, amounting to 1l. 14s. 4d.
WILLIAM BAKER I am a butcher, at Newton Terrace, Notting Hill—Rumbelow's wife came to my shop and gave orders—the first time I saw her Rumbelow was waiting outside the shop—I served them with meat at 15, Newton Terrace, for a week, from Saturday to Saturday—I went on the Saturday night to get the money, and Rumbelow was not in—I could not get the money, and I took a piece of beef away which I had left there—I had been down the Thursday before, and Mrs. Rumbelow told me she would pay on the Saturday—I afterwards saw Mrs. Edwards there, the female prisoner; she said that the Rumbelow's were lodgers of hers, and had got the first floor—I never got any money—I went to the house on Monday, and saw Mrs. Rumbelow—the shop was never opened—I went on the Tuesday and found they had left.
H. Edwards. Q. Did I come to your shop to order meat? A. You did not, you told me you had been in the shop; but I did not recognize you.
Rumbelow. Q. Did my wife ask you to give her credit? A. Yes—she had meat for a week, and I did not get the money for any of it—you were outside—you said you had taken the shop, and you were going to open it.
MR. M. WILLIAMS. Q. Did he say what shop he was going to open? A. A general draper's—it was never opened.
HERBERT HUNT . I am a cheesemonger, at 42, Hornsey Road, Holloway—I know the female prisoner, she lived about six weeks at 29, Seven Sisters Road—I knew her as Mrs. Jaggard, and served her with goods to the amount of 5l. 19s. 10d.—previous to that I had supplied her with goods amounting to 7s., which had been paid for—when she came she said they had a wholesale house in the City, and that was the reason they got rid of so many goods—I said something to her about being a stranger, and she said I need not fear, as they had got a wholesale house in the City, and she could give me a reference to Jaggard, of Sun Street, Bishopagate—I went down there—I saw a lot of empty tea chests—they appeared to me to be dummies—I called there after I had supplied the goods—there did not appear to be any stock at Sun Street—she said that the young men employed at the wholesale house lived in the Seven Sisters Road—I did not see any young men at Sun Street, I only saw a female—I did not see Mr. or Mrs. Jaggard—I have never been paid the 5l. 19s. 10d.—that bill was run up in about three weeks—they patronised me for poultry also—the shop in Seven Sisters Road was a little drapery shop—I told her there seemed to be a very little stock, and she said they were going to make extensive alterations, and have a large stock—there was a crinoline, or something of that kind, hanging outside.
H. Edwards. Q. I never told you that I was Mrs. Jaggard? A. No—you paid two or three little amounts, amounting to about 3l. altogether—I thought you were Mrs. Jaggard, and treated you as Mrs. Jaggard.
JOHN SIDNEY JOHNSON . I am manager to Poole & Co., brewers, Queen's Road, Chelsea—on 11th January I received an order for beer to Mrs. Jaggard, at Seven Sisters Road, amounting to 36s.—the beer was delivered on the 12th—on 16th January I received another order for a quarter of stout, 14s., which was executed on the 17th—I received another order on the 22nd, which was not executed—the money for the previous accounts was demanded, and not being paid, the beer was brought back—we were never paid for the beer or the casks.
JAMES COLEMAN . I am carman to Messrs. Poole & Co., brewers—I delivered a cask of tore to the name of Jaggard, Seven Sister's Road, on 12th January, and another on the 17th—I saw the female prisoner—she signed the tickets I presented each time.
H Edwards Q. Did I not say I was not Mrs. Jaggard, and Mr. Jaggard was not at home? A. You said Mr. Jaggard would be at home in the evening—that was when I went the third time, and I took the beer back.
JAMES WILMOTT . I live at 10, Seven Sisters Road, Hollo way, and am a butcher—I know the two Edwards's as Mr. and Mrs. Jaggard—I supplied them with goods amounting to a little under 2l.—I have never been paid—I recollect Edwards coming to me, with another man, about the half quarter before Christmas—he said he had come in reference to a shop I had to let, and he asked me if I thought it was in a good position for business—I asked him what line—he said "A linen draper's; in fact, almost anything"—the other man said he was a builder, that he had sold some property, and was about to go into business—Edwards came a week or two afterwards and said "As you are about to become my landlord, I may as well give you a turn"—I supplied him with goods—I was never paid for them or the rent—I went down to get my money, and they afterwards called on me—Edwards asked me what I meant by allowing my boy to insult his lodger, and if I would wait patiently the bill should be paid—I went to the lodger, a day or two after, and found they had gone the night before.
H. Edwards. Q. Did I ever say I was Mrs. Jaggard? A. No, you said you were the lodger—I have never seen Mrs. Jaggard—I have seen two or three children—you have been to my shop and ordered me to send up meat to Mrs. Jaggard.
WILLIAM SHEPPERD , I am traveller to Messrs. Palmer & Co., soap and candle manufacturers, Sutton Street, Clerkenwell—on 22nd September, 1869, I received an order for goods amounting to 14l., to be delivered to Jaggard & Co., 56, Sun Street, Bishopsgate—I called there, and saw a man who represented himself to be Jaggard—he made a communication to me before I supplied the goods—on the following Saturday he called on me, with Rumbelow, and introduced him as his nephew—before that he told me he was going to open the shop in Sun Street, on the following Saturday, to supply small captains, and that his nephew had a good connexion on the eastern coast—when he called with the prisoner, they jointly gave an order for a further supply of goods, amounting to 37l., and gave me as a reference Mr. Meyer, 63. Gracechurch Street—I subsequently applied for payment—I did not get it—I called on several occasions—I only saw a woman—there was no business going on—I went to the address given of Mr. Meyer's; there was a name on the door poet, referring to the second floor; but I could not find him—I have never received any portion of the account—the place at Sun Street was subsequently shut up.
Rumbelow. Q. Did I order any goods of you at all? A. You were present with Jaggard, and dictated to me what was wanted.
THOMAS BOLTON . I am shopman to Mr. Grant, a poulterer, 19, Bishope-gate Street—I have seen the two male prisoners at my master's shop—they were then living at 56, Sun Street—they ordered poultry at different times from 22nd December to 11th January, amounting to 7l. 18s.—I delivered the first two items myself—there was no business carried on at Sun Street, that I could see—there were a lot of empty boxes—the account has never been paid—I received some letters, signed "Henry Jaggard "(Read: "I
will thank you to send me one turkey and a brace of pheasants, as I want to send them to one of our beat customers in the country. Yours truly, Henry Jaggard."—"Mr. Grant, send me by bearer one turkey and two geese, and let me have the bills made up to 1st January.")
WILLIAM HENRY HODDBR . I am clerk to Messrs. Noble & Co., 49, Whitecross Street—on 21st April the female prisoner came to me and gave the name of Mrs. Musk—she said her husband's name was James Musk, and lived at 2, Wellington Place, Borough, and that she was anxious to open an account with us—we are stay manufacturers—she gave me two references, Messrs. Oassell & Co., of Fenchurch Buildings, and & Wunsoh, of Aldermanbury—I went to Cassell & Co.; but could not see Mr. Cassell—I wrote to her in consequence—I did not go to Mr. Wunsch—after I wrote to the prisoner she came the next day—she could not understand how it was I had not seen Mr. Cassell; but she would get him to write to us—while she was looking out a parcel of goods this letter came (Read: "Messrs. Noble & Co. In answer to your inquiry respecting Mr. James Musk, we have known him some time, acid he has done business with us to about 90l. We have found him regular in his payments, and should not hesitate in giving him credit to a small amount. This information without any responsibility on our part. Yours truly, Cassell & Co.")—I told her I had received the letter, and asked her if she had any money to lose she said she had property to the value of 300l., at Stratford, left to her by her father—she said she would pay for all the parcel, only she had been put to some expense, and had spent 40l. on the shop, and it was not convenient to part with ready money—I said it was necessary to have something down, and she said she would pay 40l. on account of the 25l. when the goods were sent down to her—an invoice was made out, and the goods were sent the next day—they were brought back by the carman—while the foods were on the way this letter came (Read: "April 22nd, 1870, 2, Welling-ton Road. Please not to send the goods I bought until Saturday morning. Yours truly, Mrs. Musk.")—I went myself on the Saturday—I found a strange woman on the premises—I had some conversation with her, and then went to the landlord's, where I saw the female prisoner—nothing passed between us—there were a few things at the shop in Wellington Road—I should think it was open for business—there Was about 2l. worth of goods in the shop—when I went to the landlord she went out at the back door.
Rumbelow. I gave my sister 10l. to get that goods.
JAMES REEVES . I am a builder, and live at Melbourne Road, Wellington Road, Bow—on 11th March the prisoner Rumbelow came to me—he said his name was Alfred James Musk—I had a bouse to let at 2, Carlton Terrace, Bow—he said he wanted to take it—I asked him for a reference, And he gave me the name of Mr. Edwards, 15, Newton Terrace, Notting Hill—I wrote for a reference, and received this letter, signed "C. Edwards" (Read: "15, Newton Terrace. Sir, In reply to yours concerning Mr. Musk, I beg to say I have known him a long time, and he is able to pay the amount you name. Yours respectfully, C. Edwards")—I have seen the prisoners together at Wellington Road—a man named Aarons was pointed out to me—I was not present here last sessions—there was a
woman living with Rumbelow as his wife—I have not got my money—I let the house on the faith of the reference to Edwards, of 15, Newton Terrace.
H Edwards. Q. When I was at your house did not I go out at the side door, the private way? A. Yes; not the back way.
ARTHUR STRANGE . I am now clerk to Messrs. Lowtber and Mullins solicitors—in March, 1869, I was in partnership with a Mr. Tompkins, in Water Lane, Tower Street, as wholesale tea dealers—on the 9th March, Rumbelow and a man named Holly came to my office—Rumbelow gate me the name of Bailey—Holly introduced him as Mr. Bailey—he said he was anxious to buy some tea—that he had let him a public-house down by the Mint—Rumbelow said he should like to have some tea done up in pound and half-pound packages, to sell amongst the sailors and different customers about there—he also said that he had a brother at Cambridge, who was a grocer in a small way, and he wanted a chest of tea, but he could not pay for it then, he wanted a months' credit and he would see we were paid—I let him have 30 pounds and 20 half-pounds of tea to sell himself, and half a chest for his brother—it was sent to the Ship Tavern, St. George's in the East—I sent the invoice, amounting to 11l. 10s. 6d.—I afterwards wrote these two letters to the tavern and then went to the shop—I saw the female prisoner there—I said "I presume you are Mrs. Bailey?"—she said "Yes"—I asked if Mr. Bailey was in, and she said he was not—I called again on two or three occasions, and expressed my surprise that Mr. Bailey had not called—the female prisoner told me that the person who called on me was not Mr. Bailey but Mr. Bailey's brother-in-law—the tavern was a miserable place—I did not see any customers—she was behind the bar with her children—I should not have sent the goods if I had seen the place before—several others came to me in the same way, and I was obliged to leave business on account of it.
H. Edwards. Q. The last time you called did not I say that Mr. Bailey bad had the rheumatic fever and could not walk? A. Yes, I think you did—I don't remember you saying anything about having the broken in and you could not stop there.
Rumbelow. Q. Did you not tell Mr. Holly you would expect him to pay for the tea? A. No—I have not been a bankrupt—I can't say whether Mr. Tompkins has—I did not send Mr. Holly the bill for the tea.
Edwards. Mr. Holly bought the tea and sent it to me.
DAVID ACRES (Policeman I 111). On Thursday, 21st April, I took the male prisoners into custody—Rumbelow made his escape out of the house into the yard and I took him—I found the invoice and the two letters spoken to by the last witness on Edwards—I took Mrs. Edwards into custody on the 29th—she said "I thought the person that came knew me, or else I should not have had the beer; I thought the young man must have known me"—she said she had been a barmaid for some time, and been in the public line a good deal.
Henrietta Edwards's Defence. My husband told me to write to Messrs-Indy & Coope, and I did so—here is my certificate to prove I am a married woman.
Rumbelow's Defence. I was servant to Mr. Jaggard—I have subpoenaed him and he has not come.
Edwards in his defence stated that his name was Cornelius Edward Bailey
he was married to the female prisoner in the name of Bailey; that he worked for H. and J. Jaggard, and ordered what they told him.
RUMBELOW and CORNELIUS EDWARDS— GUILTY .
J. J. M. RUMBELOW (The prisoner). I am the female prisoner's half brother—the prisoner Edwards is her husband—he was married at St. James's Church, Islington, in 1858, in the name of Bailey.
HENRIETTA EDWARDS— NOT GUILTY .
RUMBELOW and EDWARDS Twelve Months' Imprisonment each.
FOURTH COURT.—Thursday, June 9th, 1870.
Before Mr. Recorder.
MR. BRINDLIY conducted the Prosecution.
THOMAS HUNTER . I am a costermonger, of 6, Robert's Yard, Elder Walk, Islington—on Tuesday, 9th June, I got up to go to market at 2 o'clock—it was too early, and I laid down again, and at 3 o'clock I was awoke and found the prisoner on the top of the stairs with his boots off—he ran down, and I caught him in Robert's Yard, and brought him back—he said "Let me come and put my boots and things on"—his boots were on the window sill—the house was safe the night before—a pane was cut out of the window, and a man could get through that.
THOMAS HALL (Policeman N R 42). I received the prisoner—he said "I know nothing about it, I was not there"—he also said that his boots were taken off him while he was asleep in a cart; that the boots found were his, and he put them on—a pane of glass was out out of the window, quite large enough for a man to get through.
GUILTY .*— Eighteen Months' Imprisonment.
MR. MEAD conducted the Prosecution.
WALTER CHAMPION . I am a clerk, and reside in the Tower—on the 10th of May I was at the Subway and took a ticket—I missed my watch, and turning round, saw the prisoner on my left—I seized his left wrist, and snatched the watch out of his hand with my right—he ran away, was caught and given into custody—I am sure he is the person.
Prisoner. Q. Did not the prosecutor make some remarks at the police-station, that he wanted 15s. for the damage to his watch? A. I did not hear him.
COURT to WALTER CHAMPION. Q. Did you say, if the prisoner would give you 15s. you would let him go? A. No; he proposed to pay for the
damage done to the watch—I had great difficult in keeping him there, and the only way was to get into conversation with him—then I did agree with him that if he paid 15s. down on the nail I would not prosecute him—I kept him in conversation till a policeman came up.
GUILTY .**— Five years' Penal Servitude.
518. JAMES PAGE (42), EDWARD WELSH (20), and WILLIAM SHAWCROFT (40), PLEADED GUILTY to breaking and entering the church of the Parish of Fulham, and stealing therein two surplices, the property of the churchwardens. (See next case).
519. JAMES PAGE, EDWARD WELSH , and WILLIAM SHAWCROFT , were again indicted for burglariously breaking and entering the dwelling-house of John Capper, and stealing therein a clock and other articles, his property.
MR. THOMAS conducted the Prosecution.
SARAH CAPPER . I am the wife of John Capper, of Edith Villas, North Fulham—on the morning of 20th April I missed a clock from the dining-room, three coats and an umbrella from the hall, a salver and album and some counters from the drawing room table—they were safe on the previous night—my housemaid shut up the house at 10.15—I sent for a detective, and Sergeant Brooker came—he came a second time and brought three pairs of boots with him, and examined the foot prints in the garden, and they corresponded precisely with the boots.
MARY ANN REED . I am housemaid to Mr. Capper—about 10.15 on the 19th I fastened up the house as usual—I am sure the shutters and windows were fastened—about 6.30 nit morning I missed a clock from the dining-room, and three coats from the hall, an umbrella and a salver—I found the drawing-room window open—there were some matches about the floor, and an album was gone from the table—a policeman was sent for.
WILLIAM BROOKER (Police Sergeant N). On 20th April I went to 6, Edith Villas, and found the house in confusion—it had been entered from the window—the garden had just been dug, and there were foot prints on the earth that corresponded exactly with the boots of Page and Shawcroft—shortly after I received information that a clock had been found in a mushroom bed at the rear of the house—I went there and found impressions that corresponded with the boots of all three prisoners—I got these boots from the prisoners' feet at the Hammersmith Police Court—they were remanded there on a charge of sacrilege.
GEORGE VENNING (Policeman T 179). On the morning of 20th April I saw Welsh and Shawcroft at the comer of Dieppe Street; that is between 200 and 300 yards from Edith Villas—they were going towards Fulham church—that was about 12.45—they were coming from the direction of Edith Villas—I had seen Welsh and Shawcroft before—I said before the Magistrate, "I did not know them before, but I can swear to them."
COURT to SARAH CAPPER. Q. Is that the time piece you missed? A. Yes.
EDWIN CLARK . I am landlord of the Clarence Hotel, North End, Fulham—about 12 P.M. on 19th April, Shawcroft came and asked for some beer, which was not served—there were other parties outside, but I cannot say who they were.
PAGE— GUILTY — Nine Months' Imprisonment.
WELSH— GUILTY *— Eighteen Months' Imprisonment.
SHAWCROFT— GUILTY .** He was further charged with having been convicted November, 1856, to which he
PLEADED GUILTY.— Seven Years' Penal Servitude.
MR. BOTTOMLET conducted the Protection.
WILLIAM TINSLEY . I live at Walthamstow—on 27th May I was at Barbican, buying some horses—the prisoner took my watch from my pocket—I caught hold of his hand, and he dropped the watch and ran away—I gave chase and cried out "Stop thief!"—I will swear he is the man.
Prisoner. Q. Did you see the watch in my hand? A. Yes.
JOHN COOK (City Policeman 125). I was on duty at this Depository on this day—I heard Mr. Tinsley call out "Police! Stop him!" and saw the prisoner running down the yard—I called to die gate keeper to stop him—the primmer knocked him down—I pursued him, calling "Stop thief?—two gentlemen tried to stop him, but he knocked them down—he ran his left shoulder against the bind part of a cart, which knocked him into the road, and then I secured him—I took him back to the yard, and Mr. Tinsley charged him with having attempted to steal the watch.
GUILTY .*— Eighteen Months' Imprisonmont.
MR. BOTTOMLEY conducted the Protsecution.
JOSEPH PHILLIS . I live at 4, Pitt Street, Tottenham Court Road, and work at 37, Compton Street, Clerkenwell, where the prisoner lodges—on 26th May I concealed myself in the back parlour—the shop door was fastened—I heard some one coming down stairs and I got under the table—the window was pushed up and some one got on to the table—I came from under the table and saw the prisoner on her hands and knees, in her night dress, and I was so startled I could not lay hold of her—she went through the window again—I went after her and found her down a court—the window is about 3 feet from the yard.
HENRY FAIRWEATHER . I live at 37, Compton Street, and am a boot-maker, and the prisoner is my lodger—I live in the back parlour and sleep over the shop—in consequence of losing a number of boots, I gave instructions to my man to sleep in the shop parlour—I was aroused about 12.30, and went for a constable—I saw the prisoner down a court, five minutes afterwards, in her night dress—she asked me what I charged her with, and said she was not guilty.
prisoner into my custody—I charged her with entering the back parlour, she laughed and made a lark of it—she was drunk.
Prisoner's Defence. I had had a drop too much, or I should never have done it.
NOT GUILTY .
MR. MEAD conducted the Protection; and MR. BRINDLEY the Defence.
JOSEPH JOHN VALLE . I am a cheesemonger, of Half Moon Street, Biahopsgate—on 7th May I was going home, and when about 50 yards of my door, the prisoner, who was with another, snatched my watch and chain—he ran away, and I gave chase, calling "Stop thief!"—I lost sight of him and then I informed the police—three or four days after I went to the station and identified the prisoner from amongst about twelve others.
Cross-examined. Q. Did you know the prisoner before? A. I think I have some slight knowledge of him—I cannot say how often I had seen him before—he is a stranger to me—he was placed amongst a number of young lads at the station—after I had identified him once all the lads were disarranged and I picked the prisoner out a second time.
JAMES COWLEY (Policeman H R 29). I took the prisoner, and charged him with stealing a watch and chain from the person—he said "All right, don't hold me, I will go with you quietly"—on the way to the station he asked what day it was—I said "Saturday"—he said "It could not be me, because I was at Woolwich"—the prosecutor picked him out immediately.
Cross-examined. Q. How was it they were re-arranged? A. That is how the inspectors do it, because they should be certain.
He was further charged with a preview conviction in September, 1868, in the name of George Beat, to which he
PLEADED GUILTY— Seven Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution; MR. MEAD defended Hurley, and MR. MONTAGU WILLIAMS Maloney.
HENRY WOODCOTT . I am a fringe manufacturer, and live at 191, Holborn—a little before 5 o'clock, on 16th May, I was in Brook Street—I had my great coat on my arm, and some silks—a man laid hold of the top part of the coat; I turned round and struck at him with my umbrella—I was immediately seized, struck on the back of the head, and run along six or seven yards down a gateway—there I was thrown down—I lost my over-coat, handkerchief, parcel of silks, gloves, spectacles, and a knife—there were four men, and the prisoners are two of them—I had an opportunity of seeing their faces—my coat was afterwards given to me by a man named Howard—between 8 and 9 o'clock, the same evening, I was sent for to the station, and there I saw Hurley—he was with five or six others, and I went straight up to him—on the following Saturday I again went to the statice, and immediately picked out Maloney from several others.
Cross-examined, by MR. MEAD. Q. What sort of men was Hurty amongst? A. They were from seventeen to twenty years of age—the scuffle only lasted a minute or two—I was rather excited—I think I should know one of the other two men.
Cross-examined by MR. M. WILLIAMS. Q. Had you ever seen Maloney before? A. No—it was not either of the two prisoners who matched my coat, it was a man about twenty-five or twenty-six, with a brown coat—I struggled with him.
THOMAS HOWARD . I live at 21, Brook Street, Holborn, and am a jeweller—about 5 o'clock, on 16th May, I was standing in my shop—I saw a person taller than the two prisoners make a snatch at the prosecutor's coat, and two or three got round him at the same time—I think Hurley was there; but I could not say positively—I ran after the person who had got the coat—I picked the coat up out of a cellar, and gave it to the prosecutor—about 6.30, the same evening, I saw the prisoners together, with a gang, at the corner of Gravel Street, which is about 200 yards from Brook Street.
GEORGE BEARD (Policeman G 231). About 5 o'clock, on 11th May, I saw both prisoners coming out of a public-house in Leather Lane—they were with two other men and four or five girls—four or five minutes after I saw the prosecutor in Mr. Howard's shop—he made a complaint to me, and described certain persons—Hurley was taken into custody by another officer, and I took Maloney; but he was rescued—I was present when the prosecutor identified Hurley at the station—he picked him out directly.
COURT. Q. What time was it when you took Maloney? A. Near upon 7 o'clock.
WILLIAM CHAPLIN (Policeman G R 33). About 7 o'clock, on 16th May, I was with the other officer in Brook Street—the prisoners were pointed out to me—Hurley was about ten yards from Maloney—I took Hurley into custody.
Cross-examined by MR. M. WILLIAMS. Q. What time was it when you took Hurley? A. About 6.45—I did not know where Maloney lived.
GEORGE BEARD (re-examined). On 21st May I went with another officer to Shoe Lane, and found the prisoner Maloney in bed—the other officer said to him "John, we want you this morning for a robbery in Brook Street on Monday"—he then saw me and said "Are you the gentleman who lost the coat?"—not a word had been said at that time about a coat—I was in plain clothes.
MR. M. WILLIAMS. Q. Do you know whether Hurley's mother lives close to Maloney's? A. I believe she does.
Witnesses for the Defence of Maloney.
—MALONEY. I live at 14, King's Head Court, Shoe Lane—the prisoner is my brother—I am in the habit of coming home to tea at 5 o'clock—I remember Monday, the 16th May, because I brought a book home at my dinner time, called "Chambers' Papers for the People"—when I went home to tea at 5 o'clock the prisoner was there reading the book—he was at the furthest window from the door—I was there half an hour and my brother never left the room—I was called as a witness before the Magistrate.
Cross-examined by MR. GRIFFITHS. Q. Do you carry a watch? A. No; I know it was 5 o'clock, because my time is kept at the office—we are not allowed to come out till 5 o'clock—I have worked at Mr. Burt's, Wine Office Court, for the last ten years—it might be a minute past 5 when I got home—I cannot say what my brother was doing on the 15th; or the 14th, or the 13th—I live a good half-mile from Brook Street—it would take me about five minutes to walk it.
ANN MALONEY . I am the prisoner's mother—I remember Monday the 16th—the prisoner came home at 4.30 and stayed till a little after 6—I remember my other son coming home to tea—the prisoner was at the window, reading, then.
Cross-examined by MR. GRIFFITHS. Q. How do you remember that it was the 16th? A. I recollect the same evening I heard of the other prisoner being taken—his mother told me on the Tuesday—I do not know where the prisoner was on Sunday, nor yet on the Saturday.
MR. M. WILLIAMS. Q. Do you know Hurley's mother? A. Yes; she in neighbour of mine—I heard on the Tuesday morning that Hurley was in custody for knocking down a gentleman and taking a coat.
MARGARET BROWN . I live at 16, King's Head Court—I remember Monday the 16th—I was ironing from 2 o'clock till 6.30—my house is opposite Maloney's, and I saw the prisoner from between 4.30 till 6.30 it the window—he had a book, and he sat there in his shirt sleeves.
Cross-examined by MR. GRIFFITHS. Q. When did you first hear of this matter? A. I heard that a coat had been stolen, and that a boy named Hurley had been taken on the Tuesday—I know the prisoners very well—I have seen them playing in our court.
COURT. Q. Did you see him at the window any other day during the week? A. Yes; I saw him reading—at 5 o'clock I took some things home to Chancery Lane—I was gone about half an hour.
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution.
CAMPBELL— GUILTY — Two Years' Imprisonment.
FISK— GUILTY — Twelve Months Imprisonment.
For case tried in Old Court on Friday see SURREY CASES.
Before Robert Malcolm Kerr, Esq.
MR. WALFORD conducted the Prosecution; and MR. MEAD defended Berger.
JAMES RAWLINGS . I am a labourer, and live at Lea Bridge Road, Leyton—on the night of 6th May I was in the Greyhound public-house at Leyton, about 10 o'clock—I saw the prisoners talking together outside—Smith was sitting on the window ledge—I looked through the wire blind—a party said something to me and I went out to Smith and collared him and brought him back—I ascertained he had been passing bad money.
CHARLES CLARK . I am barman at the Greyhound, at Leyton—I saw the prisoners there on 4th May—Smith came in for half an ounce of tobacco, and presented a coin which I thought was a shilling—a few minutes after Berger came in and asked for half an ounce of tobacco—he presented a coin which I thought was a shilling and I gave him the change—I saw after wards it was bad and sent for them to be brought back—there were no more shillings in the till, only half-crowns and florins—these are the two coins—when Berger was brought back I asked him if he was aware what he had given me, and he said he thought he had given me a good shilling, and he gave me the 10d. which I had given him in change.
Cross-examined. Q. Did you show him the coin? A. Yes.
Smith. At the Police Court you said you did not know what it was I gave you. Witness. I thought it was a shilling at the time—you had a half-plot of beer in the public-house, while you were waiting for the police to come down.
JOSEPH LOSBY . I am a shoemaker, at Hackney—on 4th May I was at the Greyhound—Smith carouse in for half a a ounce of tobacco, and put down what I expected was a shilling—he went out—Berger came in and had half an ounce of tobacco, and changed a shilling—it was afterwards detected, and I went out—I saw them both together and brought them back.
Smith's Defence. I met this young man and went in the public-house to get some tobacco, and he went in. We walked away together and we had not got 50 yards when a man ran up to me and I went back with him, I only had 4d. in my possession.
NOT GUILTY .
Before Mr. Justice Keating.
MR. KELLY conducted the Prosecution; and MR. BESLEY the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BRINDLEY conducted the Prosecution; and MR. COOPER the Defence.
BRIDGET HAYES . I live at I, Knott's Building, Mill Lane, Deptford, with my mother, Catherine Hayes—she is a widow, and has lived with, the prisoner Patrick Callaghan about six years—on Easter Monday evening, 18th April, I went home about 7.30—the three prisoners, my mother, and Mrs. Condy were all drinking—they had a gallon of beer on the table—Mrs. Cendy was going to London, and a few minutes after I got home they all went down to the railway station—my mother came back first, and she made a complaint, and we went in the house, closed the door, and locked it—the three prisoners came to the door—Mary Riley had her sleeves turned up, and called to my mother to come out and fight—they kicked the door and tried to get in, and said, "Come out you b—, come out and fight"—my mother did not go out—during the time they were kicking I went out with my sister Kate, at the back door, to get the supper beer—we got across the road, and Dickey Callaghan, the youngest brother of the Callaghan's, ran across the road, struck me once, and kicked me—Patrick came up and gave me a blow with his fist and knocked me against the wall, he struck me on the breast—he then kicked me with his right foot—he his me four or five times—I fell down, and he kicked me with his right foot till he could
not stand over me, and then be ran away—he did not say anything—I was kicked about the head and body—he came back and stood kicking me and calling me dreadful names till Denis came up—he began kicking me about the head and body—I lost my senses, and I don't know what occurred after that—I was on the floor in my mother's house when I came to my senses—I was very ill afterwards—a doctor attended me for several days—I did not think I should get over it—I was in bed a week before I could get up, and then I went to the Greenwich Infirmary—I went before the Magistrate after I had been in the infirmary about a week—I had not done anything to the prisoners, I only prevented them from coming into the house.
Cross-examined. Q. Richard Callaghan his you first, did not he? A. Yes—my mother had hardly got in at the door when the prisoners came up—I went to get the supper beer, and left them kicking at the door—I did not speak to Mary Riley when I went out the back way—I had a jug in my hand—I know Mrs. Sheen—I did not see her there—I swear I did not strike Mary Riley on the head with the jug—Denis Callaghan was there—my sister was there—it is untrue if they say Denis Callaghan was not there—this was on Easter Monday—I was not playing about and drink-ing on the following Saturday—I was in bed all day, I did not get up at all.
KATE HAYES . I am twelve years old, and am sister to the last witness—on Easter Monday evening I went with her to fetch the beer for supper—the three prisoners were outside the door—Denis was kicking in the door and calling mother—we got into the road and I saw Mary Riley come up with a big pointed stick with some iron on it, and she beat my sister about the head and body—my sister fell down on the pavement—Mary Riley caught hold of her by the hair of her head, and then Dickey came up—he kicked her till the rest of the prisoners came—Patrick punched her and gave her a kick, and Denis kicked her about the head and body till he could not stand over her—when Mary Riley beat her she was lying on the stones not able to move—Denis Callaghan's wife was there—she gave my sister three kicks in the spine and the head—she was very nearly dead—they all ran away—Mary O'Connell was there—she kicked my sister and ran up the alley—three or four policemen came and carried my sister to the station, and I went for a doctor—she was taken home on a stretcher.
Cross-examined. Q. Your sister had got a jug with her? A. Yes—Dickey Callaghan came up first, and then Patrick and Denis next—I am sure Denis was there—he kicked her till he could not stand over her—Mary Riley hit her with a stick—it was a big stick, I can't say whether it was a walking stick—there was a large piece of iron on it—Mary Riley broke the jug on my sister's head—my sister did not strike her at all.
MR. BRINDLEY. Q. Does Denis live next door to you? A. Yes; I know him well.
POLING BE MCPHERSON . I am a single woman, and live at 12, Mill Lane, Deptford—on this Monday evening, 18th April, I was standing at my door from 7.30 to 8—I saw Bridget Hayes go down the road with a jug in her hand—I saw her fall first, and then I saw Patrick come up and kick her till the other prisoners came up—I saw two women and another man go up—they all began kicking her—she was lying on the stones—they kicked her several times, and then left her and went and kicked her again—there was a great crowd—I began to scream and a policeman came up—they went away and left the girl insensible.
Cross-examined. Q. You live near the prisoners, do you know them all? A. No; Patrick is the only one I know at all—there were four altogether, two women and two men—I did not see the little girl—there was a regular row—it is not a usual thing in Mill Lane, I have not seen one before, and I have lived there about six months—this is the first row I have seen there.
HENRY GOODWIN (Detective R 288). On the morning of 19th April, about 2 o'clock, I apprehended Patrick Callaghan at 2, Knott's Building, Mill Lane—I took him into the next house where the prosecutrix was lying on a bed on the floor, and she identified him—I told him he would be charged with an assault—he said it is not me that you want—he was wearing a white slop—I observed two or three fresh spots of blood on one of the sleeves—I pointed it out to him, and he said, "I can account to you for that," but he did not do so.
Cross-examined. Q. This was 2 o'clock in the morning? A. Yes; the prosecutrix was in a very exhausted state and smothered with blood—she looked up and said "Yes; that is the man."
WILLIAM OSBORN (Policeman R 125). I apprehended Denis Callaghan—he was in bed at 2, Knott's Buildings—I took him to the next house and saw the prosecutrix lying on a bed on the floor—he was identified by her as being one of the men who struck and kicked her—I told him the charge, and he said "I was in doors having my tea at the time."
EDWIN SMITH (Policeman R 62). On 26th April I apprehended Mary Riley at a house in Hale Street, Deptford—I told her she was charged with assaulting a young woman—she said "I did not hit the woman with a stick."
Cross-examined. Q. Did you say that before the Magistrate? A. No, I did not think of it.
EDWARD HUGH DOWNING . I am a Member of the Royal College of Surgeons, and live at Amersham Park, New Cross—on Tuesday morning, 19th April, I was sent for to attend the prosecutrix, at her mother's house—I found a contused wound, about 11/2in. in length, on the left side of the head, two or three bruises on the neck, one large one near the spine, one on the abdomen, and several small ones—she was not able to sit up in bed at all—there were bruises on the arms and legs, and one in the middle of the chest—blows and kicks would produce such bruises as I saw—I should say there had been a great loss of blood from the wound on the head—she was in a dangerous state—I attended her about a week, and after that she went to the infirmary, by my advice.
Cross-examined. Q. You first saw her on the Tuesday? A. Yes—the was not the least the worse for drink—it could be hardly possible that she could have been out on the following Saturday—I should be surprised to hear that it was so—I was attending her then—she was unable to rise, and was weak from loss of blood—I told her she was to rest herself—I don't know when she went out for the first time—she was out of danger when she went to the infirmary.
MR. BRINDLEY. Q. When did you see her last? A. The day before the went to the infirmary—I was attending her till that time.
Witness for the Defence.
JEREMIAH CALLAGHAN . I am a general dealer—I am brother to the male prisoners—on Easter Monday, 18th April, at 8.15, I was at home with the prisoner Denis and a friend of mine, John Kelly—we left Blackheath at
7.45, and got to the Broadway, Deptford, a little after 8 o'clock—we then went and got some corn for our donkeys, and fed them.
Cross-examined. Q. Where do you live? A. At 16, Mill Lane—I did not hear any noise or hear that the girl had been beaten till about 11 o'clock at night—my brother lives net door to the Hayes'—I went to him about 8.30—I came with Kelly and Denis, from Black heath, at 7.45, and got home at 8.15: there we fed our donkeys and washed ourselves—I went to the prisoner's house, and asked Denis to come out and enjoy himself with me—I had been with Denis all day—Patrick was taken about 11 or 12 o'clock, in High Street—I went to the police-station with him—Denis was taken the neat morning—I went to the station to see her he was getting on—I was present at the examination, and heard the evidence against them—I never said a word, I was not called on—I did not offer to give evidence—I have been in custody myself for unlawful possession, and got three months—that was about three years ago.
MR. COOPER. Q. Were you present at the whole of the examination? A. Yes—the first I heard of the row was when Patrick was taken into custody.
JOHN KELLY . I am a hawker—on Easter Monday, at 7.45, I was on Blackbeath, with Denis and Jeremiah Callaghan—we started home to Mill Lane, and got home about 8 o'clock—I did not see or hear anything of a row—I first heard of it after I came home—I went out to enjoy myself with Jeremiah Callaghan—we went to the Noah's Ark public-house, High Street—we got back about 9 o'clock—I heard the row had happened then—we left Denis at 8 o'clock, when we went to enjoy ourselves.
Cross-examined. Q. Did Jeremiah come down for Denis after you got in? A. Yes—he called to ask me out after I had done my tea, and we went out together—Denis did not go not with us—I lodge with him—I have known him five or six years—I heard of his being in custody the next morning, on this charge—I went to see him when he was before the Magistrate—I was in Court, and heard the evidence against him—I did not offer to say a word about what I have said to-day—I was not called on; it had nothing to do with me—I heard the officer of the Court call out for witnesses for the prisoner—I did not go forward—he did not call on me—I have been in prison once for the unlawful possession of a piece of rope, about eighteen mouth** ago—I had three months—I was in prison once before that, for the possession of counterfeit coin, and had nine months.
MART ANN CARROW . I recollect seeing Bridget Hayes, on Easter Monday, a little after 10 o'clock—she was standing between Mr. Hayes' shop and his lodging-house—there were a lot of them together—about an hour after I first saw her, she was brought into her mother's house on a stretcher—I stripped her—she had a bruise on the right arm, and one on her chest—she had been drinking, she sicked on my apron.
Cross-examined. Q. Was that when she was brought in on the stretcher? A. Yes—I was with her till 3 o'clock in the morning—she was not insensible when I saw her—the prisoners are no acquaintances of mine—I had not seen Bridget Hayes drinking—I have been in the lane fifteen months.
JOSEPH HAYES . I am thirteen years old, and am brother to Bridget Hayes—I saw the row on Easter Monday—I saw Mary Riley and Ann O'Connell—Mary Riley had a stick in her hand, with some iron on it—she tried to break our door in, and mother sent my sister for a policeman, with
a jug in her hand—Mary Riley ran after her with the stick, and hit her on the head with it, and about the body—Mary Ann O'Connell knocked her down, and jumped on her—I know Denis Cailaghan and Patrick—they were not there—I was close again my sister—I saw Kate there; she was alongside of us—I could see what she saw—if she says Patrick and Denis were there, it is untrue—it is untrue if Bridget Hayes says she was struck and kicked by Denis and Patrick Cailaghan—I did not see them there.
Cross-examined. Q. Who asked you to come here? A. My mother asked me to come, no one else—she told me to tell the truth—I saw her this morning—she is outside the Court—I had been talking to her just before I came in—she told me to say that I only saw the two women there—I did not tell Bridget that she was wrong in saying that Denis and Patrick were there.
COURT to E. H. DOWNING. Q. If a woman was beaten and kicked and knocked about until she was insensible, would it be likely that sickness would follow? A. Most likely—it would not be a sign of intoxication, but would follow from the violence, especially if a large bruise was found on the abdomen, showing that great violence had been used on that part.
GUILTY of unlawfully wounding — Six Months' Imprisonment each.
Before Mr. Recorder.
528. ELIZABETH CUMMINGS (23), and HARRIET SAMUELS (45), PLEADED GUILTY to stealing two knives, five spoons, and two forks, of William Felgate, the master of Cummings; also to stealing two table napkins, one cloth, and one wrapper, of Esta Morell, the mistress of Cummings.
CUMMINGS— Nine Months' Imprisonment. SAMUELS— Twelve Months' Imprisonment.
The prisoner being a foreigner the evidence was interpreted.
FRANCIS PEEK . I live at Sydenham Hill, in the pariah of Camberwell—on Wednesday night, 25th April, I went to bed about 11 o'clock, after seeing that the house was properly fastened—the dining-room window was closed and fastened—I was called in the morning about 6.15, I then found the dining-room window open, and I missed a plated waiter, a jug, two bronze figures, a table cover, some knives and dusters, a sheet and inkstand—these (produced) are the bronze figures, inkstand, jug, and table cover.
ROBERT WOODROW . I am assistant to Mr. Harding, a pawnbroker in London Street—on 28th April, about 3 in the afternoon, this inkstand was pledged by the prisoner for 7s.—on the 29th I received some information from the police sheet, and gave information to the police—I saw the prisoner again on the following Friday; he came with twelve china plates.
Prisoner's Defence. I do not know anything at all about the robberies that I am accused of, and it is a total impossibility that I should have committed them, for my leg has for a long time been in a very bad state, and I am hardly walk; the footmarks have no doubt been compared and found not to correspond with my boots; the articles were given me to pledge by two persons whose addresses I gave to the detective; I did not know how they got them, nor did I try to find out, as I was anxious to earn a few shillings; but, if I had known they were the proceeds of robbery, I would not have undertaken to pledge them.
WHITING MARCHANT (Detective Officer E). I was called to the prosecutor's house—I saw the footmarks of two persons—I compared the prisoner's boots with them; in some degree they corresponded, they were the same length and size, but the ground was very dry, and I could not compare them properly.
CHARLES DAVIS (Policeman E 153). I apprehended the prisoner on 6th May—he said nothing to the charge—I have no recollection of his mentioning the names of any persons—he walked rather lame, but nothing particular.
GUILTY .— Twelve Months' Imprisonment. There were two other indictments against the prisoner.
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
MARY ANN NICHOLS . I am assistant to John Henry Withenden, who keeps a Post Office at Cambridge Street, Pimlico—on 30th April I served the prisoner with 1l. worth of postage stamps, he gave me eight bad half-crowns, I called out but he would not stop—I gave them to Inspector Holmes.
ANN SANDERSON . I keep a Post Office in Briton Road—on 2nd May I served the prisoner with 1l. worth of postage stamps—he dropped eight half-crowns into my hand—I observed that one was bad, and said "Here is a bad half-crown," he said nothing, but ran away—I ran after him and saw two men outside—all the half-crowns tuned out bad—I gave them to Policeman M 89.
Sanderson's shop, and the prisoner ran against my little girl—I spoke to him, he made no reply, but ran away—Mrs. Sanderson came out and spoke to me—I am sure the prisoner is the man.
WILLIAM WILLIS .—I am a stationer, of 59, Great Dover Street—on 5th May, about 8 o'clock in the morning, I served the prisoner with 1l. worth of postage stamps—he gave me five florins and four half-crowns—I tried one of them, and before I could tell him that it was bad he ran out of the shop—I put them in my pocket and ran after him; he was running quickly—I called "Stop thief!" he was stopped and brought to me by a constable—I charged him with uttering bad coin—he said that it was not him—I found all the coins bad, and gave them to the constable—I had no other money in that pocket—I am positive he is the person—he was in the shop about three minutes—no one else was in the shop.
WILLIAM HASWELL (Policeman M 189). On 5th May I heard a cry of "Stop thief!" and saw the prisoner running down Lawson Street—he went down Paragon Mews, which has no outlet, and I took him—he said that he was not the man, he heard somebody call "Stop thief!" and he took up the pursuit—no one was running in front of him—I had noticed him lurking about half an hour or three-quarters of an hour before, about 40 yards from Mr. Willis's—Mr. Willis gave me these florins and half-crowns, and Ann Sanderson these eight half-crowns—I only found one stamp on the prisoner, in a purse.
WILLIAM WEBSTER . These half-crowns are all bad; one is of 1817, here are two of 1834 from the same mould, three of 1836 from the same mould, and two of 1845 from the same mould—with these florins are four other half-crowns, one of which is of 1836, from the same mould as the former one of 1836, from the same mould as the former three, and two of 1848 from the same mould as the former two—of the eight passed on Mrs. Petter two are of 1817 from the same mould as the former, three of 1884 from the same mould as the others, one of 1836 from the same mould as the previous one, and two of 1848 from the same mould as the previous one.
The prisoner produced a written defence, stating that he was sent for the stamps by another man, and did not know the coin were bad.
GUILTY — Eighteen Months' Imprisonment.
MR. POLAND conducted the Prosecution.
JAMBS BRANNAN . On 14th May I went to Elham Street, Borough, about 6.30 a.m., with Inspector Fox, Pether, Marsh, and other officers—the street door was opened—Marsh opened it by a string, and Pether forced open the parlour door—we entered the room and found the prisoner in bed—she said "What is the matter, who is there?"—I said "My name is Branoan, I received instructions from the solicitors to the Mint to look after you as a dealer in counterfeit coin; we come here with a search warrant, signed by the Magistrate at Southwark Police Court"—she turned round partly on her face, and I saw Marsh struggle with her at the head of the bed—he afterwards picked up the pocketbook off the floor at the head of the bed and handed it to me—she said "I did not put that bad money there"—I said "Wait, we will see whether it is bad first"—I opened it, it contained eight florins and six shillings, all counterfeit, with paper between each—Pether and Marsh removed the bid, and Marsh gave me a second parcel,
two half-crowns, four florins, and ten shillings—I said "These are bad, you will have to account for the possession of them"—she said "Somebody must have put them there"—no one else was in the room.
Prisoner. I never spoke, only to say I was innocent.
JOHN MARSH (Detective Officer M). I was with Brannan—when he spoke to the prisoner she turned round to take the pillow, and I seized her by both arms; at that time I saw a parcel drop from the pillow—I picked it up and handed it to Brannan—I saw Pether remove the bed and take some coins out of a dirty rag—she said that some one must have put it there.
Prisoner's Defence. My landlady brought the coins there, and said that she had scores of them.
GUILTY .**— Fifteen Months' Imprisonment.
HONOR HART . I am a widow, and keep the Railway Beer House, 9, Blackfriars Road—on 16th May, about 7.15, I served the prisoner with a pint of half-and-half, which came to 2d.—he gave me a bad shilling—I said "This is bad, I want a better one than this"—he said that he had no more money—I told him not to drink the beer, but go about his business—he then found 2d.—he said that he bought his wife a pair of boots in the morning and got the coin in change for a half-sovereign—I asked him where—he said he did not know—I gave him no change with the shilling.
DAVID MERRIT (Policeman L 108). I took the prisoner, and received this shilling, dated 1866, which I marked at the time—I searched him, and found these eleven bad shillings; but before that he produced three good sixpences, and said that that was all he had about him—he said that he got the bad coins in change at some public-house in Blackfriars Road—I asked him whose house; he said he could not find it again—he said at the station that he got into trouble the Saturday night before with a shilling—he was sober.
GUILTY — Twelve Months' Imprisonment.
534. CHARLES JAMES DAVIES (36), PLEADED GUILTY to feloniously forging and uttering a bill of exchange for 102l., also a bill for 100l., also a bill for 84l. 1s. 6d., also a bill for 102l. 10s., also a bill for 100l., also a bill for 82l. 12s. 6d., also a bill for 75l., also another bill for 102l. 10s., having been before convicted, in March, 1858— Five Years' Penal Servitude.
MR. KELLY conducted the Prosecution.
WILLIAM ANDERSON (Policeman P 72). On the morning of 21st April, about 7.30, I was on duty near New Cross Gate, and I saw the prisoner try one or two doors and shop shutters—I followed them down Mason Street, and when about half-way down they disappeared—I walked very slowly
down, and saw a railway porter, who spoke to me, and we got over Mr. Jones's wall—I turned my lamp on and saw the prisoner coming from the back door of Mr. Jones's house—they ran to the opposite wall, and got across it, into the street—I ran after them and caught Byron, and the porter caught Donovan—woo took them to the station—I asked Byron what he did for his living—he said "It is not the first time I have been taken; I thieve for my living"—Donovan said to the porter "If you had come over into the yard by yourself, I would have taken good care you would not have got back alive; we would have murdered you"—I searched Donovan; he had three shirts on, all wet, and Byron had on a wet shirt—I went back to Mr. Jones's house, and found the back door open, and marks where this hammer (produced) had been—they fitted the claws—I found it on the ground, by the back door, with seven pillow cases, some bed furniture, sheets, and other things, tied up in a table cloth, just outside, ready to be taken away—they were at the back door, from which I saw the prisoners come—I showed the bundle to the prosecutor.
Byron. Q. What time elapsed between your last seeing me and the house being broken into? A. Twenty minutes—the wall is about 7ft. high, taller than I am—most of the bricks had fallen down at the other end, which served you as a ladder.
Donovan. Q. Did not you say to me "You have not long been out of prison," and did not I say "I have never been in prison in my life?"A. No, all you said going along was, that you would murder the porter.
HENRY FREELAND . I am a railway porter, of 12, Mason Street, New Cross—on 21st April, between I and 2 o'clock, I was at my door, and saw the prisoners coming down Mason Street—they stopped at one or two places, and tried the doors—I went in, put on my boots, watched the prisoners, and saw them get over Mr. Joes's wall, who has a cottage next door to me—I remained till Anderson came up, and then went to the back of the house, and saw the prisoner standing at the back door—they jumped over a fence into the street—the prisoners are the men—I pursued Byron, and caught him—on the road to the station one of them said that he would have taken my life if I had got over by myself.
GEORGE JONES . I live at 13, Mason Street, St. Paul, Deptford—on 20th April I went to bed at 10 o'clock—the back door was then looked—I was aroused between 1 and 2 o'clock by the prisoners jumping over the gate—I remained up stairs till they were caught, and then came down and found the back door forced open—the key was inside, in the look—I had left this hammer outside—I compared it with the marks on the door—I found a bundle lying outside the door, containing things value 2l., which had been safe in my house—I saw some shirts at the station; they were mine, and were in course of being washed.
Byron. Q. Is there any mark on them? A. No; I know them by having worn them, and here are a pair of my wife's stockings which I can swear to.
BYRON— GUILTY .
DONOVAN— GUILTY .**— Twelve Months' Imprisonment. BYRON was further charged with having been before convicted.
ROBERT GOODYEAR (Police Sergeant). I produce a certificate. (Read: "John Kelly, convicted at Hertford of burglary, October, 1868. Twelve Months' Imprisonment"). Byron is the person—I took him in custody and was pre-sent at his trial—there were then two indictments against him.
Byron. I never saw you in my life. Witness. When I went to Greenwich to see you, you spoke to me about the former case.
GUILTY.**— Seven Years' Penal Servitude.
MESSRS. GIFFARD and SELBY conducted the Prosecution; and MR. STRAIGHT
LAURENCE PEEL FATTEN . I have been for five years paymaster of the London and South Western Railway Company, and since 5th January this year I have been paymaster of the men employed on the permanent way—the labourers are employed once a fortnight, and are separated into gangs—over every gang there is a ganger, and over a certain number of gangers to inspector—it is the ganger's duty to know the names of the men in a particular gang, and to report the time which the men severally worked to the inspector, who, from time to time, in the discharge of his duties, would have to go down and see the men at work and communicate with the ganger—the inspector made a report in writing to the superintendent of the permanent way—from the inspector's report, pay-sheets are issued and sent to me for the purpose of payment—the prisoner Steele was the ganger of a travelling gang stationed at Hounslow, which was one of the gangs under the charge and direction of Inspector Henry Wood—from the 21st April something had attracted my attention in respect to the pay-sheets of Steele's gang, in consequence of which on 21st April I went down to Brentford, where Steele's gang was at work, and took with me this copy of a pay-sheet of the fortnight previously, dated 13th April—I saw nine men there, including Steele, and from the paper I had I called over the names of the gang—I made this copy, but the original is in Court—several of the men answered to their names—I called out the name of Simmouds, which is not on this sheet: there was a pause, and Steele then said, pointing to a man who I afterwards ascertained was Hatton, "This is Simmonds"—I proceeded to call the rest of the names in the list, and then proceeded to Hounslow—on my return I counted the gang again, and found only eight men—I said to Steele "There is one man missing, where is hat"—he made no answer—I said "I am sure there is something wrong with this gang, and I will not leave till I find it out, if it takes me a twelvemonth"—I called over the men's names, as before, and all who were there answered, but no one answered to the name of Simmonds—I said "Where is Simmonds?"—Steele said "He has gone for a lever," that is an instrument to lift the rails with—I said, "Are you quite sure the man's name is Simmonds, is not it Hatton?—he said "I knows him as Simmonds"—I had during my previous inquiries received information—I then went away from the gang and met Hatton carrying a lever on his shoulder—I had a conversation with him—nothing passed between me and Steele after that, I went away—on 23th April, which was the neit fortnightly payment, I went to Nine Elms with this pay-sheet (produced), from which I called over the names of the gang and paid them their wages—on my calling the name of Simmonds the prisoner Simmonds stepped forward, in Steele's presence, and said "I was at Acton on that day with my brother, drinking—I said to Simmonds "Then your ganger told me an untnith, for he pointed out to me another man, Simmonds; I shall not pay you till I am sure of your identity"—the pay.
sheet was made out for 1l. 18s. 6d. to Simmonds, eleven days' pay at 3s. 6d. which I should have paid him if I had been satisfied of his identity—it was in consequence of my calling out the name of Simmonds that he stepped forward—Steele said nothing—I then made as appointment with Simmonds to meet me at Clampham Junction the following day, the 29th, which he did, and we went to Kew and fetched Hatton, and we all three went to the traffic-manager's office at Waterloo—the traffic-manager and Potter the police-superintendent were there, and in answer to question by the traffic-manager, Simmonds said that he had been at work seven or eight weeks in Stubbs' gang, and that his name was John Simmonds, of the Horse-shoe bear shop, York Road, Battersea—he named the' places at which he had been working, and was asked the names of the men in the gang, he said be could not tell them; he could tell their faces but not their names, and that he had been at work the whole of the eight weeks with Steele's gang, with the exception of the day I went down to Brentford, and he named the places—the traffic manager said "And no where else?"—he said "No"—Hatton was then called in—Simmonds was shown to him, and he said "I don't know that man, I have worked in Steele's gang for seven or eight weeks just past"—he was asked the places where he had worked, and he named them—on the same day I saw Steele with Superintendent Potter, on the railway bank, near the West London Junction, and Potter said "How long has Simmonds been working with you T—he said "Seven or eight weeks"—Potter said "Are you quite sure it is a month?"—he said "Oh yes, a good deal more than that," and turned away with a laugh—after the interview with the traffic manager Simmonds went back to his work with Steele's gang, on the bank between Nine Elms and West London Junction, the Battersea bank, as it is termed—he had not returned to his work at the time of the conversation with Potter—I did not see him with the gang.
Cross-examined. Q. Was it on the 21st that you had the first conversation with Steele? A. Yes, And he continued working on the railway down to the time he was taken in custody—he could bear everything at the interview at Nine Elms—Potter was not present then—I am not aware that there has been a good deal of worry and annoyance in the traffic manager's office about this—Superintendent Bond has been discharged from the secretary's office—he is superintendent of the district of which Steele is one of the gangers—under him would be Inspector Woods, who would on a rough estimate have to superintend fifty gangs, and it may be considerably more—his duties would extend over a large district—Claxton would be under Mr. Bond, erne of his clerks; Bond comes first and in his office Claxton next, then Inspector Woods, and next to him the ganger—before money was paid in London all those persons would have to handle the account—Claxton would not have to pay money to the men—he would manipulate the accounts and documents sent to him—he has been suspended, and is I believe awaiting the result of this inquiry—at the end of every other fort-night it was the clerk's duty to go down and pay the men—that is not part of my regular duty in that district—I am aware now that the payclerks were in the habit of going down and banding the money, and not paying the men individually; I was not aware of it at the time—in some instances they handed it out of a railway carriage window—I am a chief payclerk, and when I discovered it I complained of one of my subordinates having been lax and not paying the men by the sheets individually—it has come to my knowledge since that that was also done in the district in which
Steele was—as to hiring men, the inspector should submit any appointing he wishes to make to his superintendent—I have been told that Inspector Wood was in the habit of hiring and discharging men himself—as a role there is a fixed number of men in a gang, but Steele's was a travelling gang, and men were taken on a a they were required, some from one gang and some from another in the vicinity; it was a scratch lot—they might be called in for a day, from different gangs—they would travel about to all parts of the line within that particular district—if they are lent to another gang, some would be in one spot and some two or three miles away; but that is not the rule, it is a very rare case indeed—when I first went down and called over the names, I found men working two miles off, Gregory and Smith, who did not belong to the gang, and who ought not to have been entered—whether they belonged to the gang or not they were working for the Company—they were with Steele's gang on the pay-sheet—the ganger was the person who would give the times of the men to the inspector—I should have the pay-sheet after the superintendent, and on that pay-sheeet the money would ultimately be paid—they make mistakes on the London and South Western Railway, as they do in every other quarter.
MR. GIFFARD. Q. When a man belonging to one gang is borrowed and sent to another gang, where ought his name to appear? A. With the one for which he is at work—if he is lent for a day or two his name should appear with the gang to which he is lent, not with the gang from which he is borrowed—I ascertained from Steele that the two men who did not answer were working two miles and a half off—when I called out their names he accounted for their absence by saying that they were at work—it was his duty to know where they were at work—the men's names have to be returned as well as the hours—the gangers give the information in writing.
RICHARD HATTON . I had been working with Steele's gang eight weeks on the very day that Mr. Patten came down to Brentford—during the whole of that time Simmonds never worked with me—I never saw him till the day after Mr. Patten came down—he had belonged to Langran's gang up to that time, which was working between Kew and Brentford—Steele sent me back to Langran's gang the day after Mr. Patten came—after Mr. Patten had called out the names, Steele sent me a distance away after a lever, after which I saw Mr. Patten by himself, and had a conversation with him.
Cross-examined. Q. When did you join Langran's gang? A. Some time before—I belonged to it from 21st April, and Steele sent me back to it on April 22nd—we all go by our Christian names in the gangs—I do not remember some men going by more surnames than one—we take our pay in our Christian names—I have taken money in the name of Brown, but I never answered to it—I was entitled to the money, I had done the work—Steele had men changed very often, because when they had done at one place they were sent to another.
MR. GIFFARD. Q. How came you to take the money as Brown? A. I do not know—my Christian name was sent in to Wood, and after all the other men had taken their money I took mine—Wood once told me to take it in that name—I cannot tell how many changes of men Steele had during the eight weeks I was with him, but Simmonds was not one of them.
Wood—I cannot reckon the gangs under bin inspection, but Steele's gang was one—Wood returned to me in a book, from time to time, the men's time in Steele's gang, but not the work done—he invariably brought the book, and I made out the pay-sheets from it—this pay-sheet of 27th April (produced) is in my writing—after making out the pay-sheets from the returns, I sent them to Waterloo, to the paymaster's office, Mr. Patten—this (produced) is the book which was brought to me by Inspector Wood.
Cross-examined. Q. Have the company suspended you pending this investigation? A. Yes; I do not know what for, it is the first time it has occurred to me—Wood was the person on whom I had to rely—my office if Mr. Bond's, Vauxhall—these sheets would go up to Waterloo, the pay office, and I have nothing further to do with them—Steele has been in the company's service longer than me; he was there when I went.
MR. GIFFARD. Q. What are they sent up to Waterloo for? A. For the purpose of being paid by the paymaster, and the pay-clerk goes down with the money and pays it—that is the only mode of knowing what is to be paid—it is not part of my duty to know what a ganger's duty is.
JOSEPH LANGRAN . I was a ganger on the South Western line—three weeks or a month before 21st April my gang worked at Hammersmith and Turnham Green, and Hounslow, and Brentford—Hatton belonged to my gang then, bat he worked under Steele at that time—he was sent from my gang—I call it lending a man—he always sent his time in to Mr. Wood from my gang—it is part of the ganger's duty to note the time of the men and to send it in, and to know where the men are working—the 22nd April was the first time I saw Simmonds working with Steele.
Cross-examined. Q. Is it correct that you report only the names of the men in your gang, and what their time is? A. Only my own men—if a man was sent by Inspector Wood from another gang into mine, I should not report bis time—I have not seen anything of Wood or Bond lately—I hear that they have gone out of the way—I know the names of the men in my gang because I have had them for years—I have been at work on the railway nearly twelve years—Steele's is a travelling gang, different to mine; men have been sent from my gang into his at different times.
MR. GIFFARD. Q. What is the difference between your gang and Steele's? A. We are doing contract work, and have different men altogether.
EDWARD DOWDY . I have been six years in the employ of the South Western Railway Company—I worked with Steele's gang eight or nine weeks before 21st April, when Mr. Patten came down—I heard my name on this occasion, and answered to it, and next day, the 22nd, I saw Simmends for the first time working with the gang.
Cross-examined. Q. How long had you known Simmonds? A. I did not know his name, but he worked with us last summer in the name of John—I cannot say that he had not been working on the line—I sometimes work in one place, and sometimes in another—Steele has paid me my wages himself, he drawed it of the inspector; he told me he had to go and receive the money—the pay clerk mostly paid me—I do not know whether he brought the list—Wood has not paid me only through Steele.
MR. GIFFARD. Q. Do you know Simmonds by sight? A. Yes, by the name of John only—he never worked with me before 21st April.
Patten came—I never saw Simmonds working with the gang before the 22nd, the day after Mr. Patten came.
Cross-examined. Q. Might a man be working in the gang and you not see him? A. He might be there and I not notice him.
ROBERT WALKER . I worked with Steele's gang seven or eight weeks before Mr. Patten came down; but never saw Simmonds working with the gang—I first saw him on Friday morning, the 22nd, the day after Mr. Patten came.
THOMAS AMBROSE POTTER . I am superintendent of the London and South Western Railway police—on Friday, 29th April, I was at Mr. Scott's, the traffic manager's office, with Mr. Patten—Mr. Scott asked Simmonds his name, he said "John Simmonds, and gave his address at some beer-hop a Battersea—he was then asked how long he had been at work for the company with Steele's gang, he said "Seven or eight weeks"—he was asked if he knew the names of the men he had been employed with, he said that he did not; but he knew their faces—he was asked if he had been working with any other gang but Steele's, he said that he had not—Hatton was then called in and asked if he knew Simmonds, he said that he never saw him in his life till the day after Mr. Patten came—after that I went to the embankment, near Clapham Junction, with Mr. Patten, and there saw Steele at work, with his gang—I beckoned to him and said "Steele, I want some information respecting the time of Simmonds; he said "All I know about it is that he was at work with me seven or eight weeks"—I said "Are you sure he was at work a month with you?"he said "Yes, longer than that"—I said "Will you be positive that he was at work three weeks under you?" he said "Oh yes, a great deal longer than that," and turned away and laughed, and walked away—nothing more passed at that time—on the following Monday, May 2nd, I went again to the embankment—the gang was working near the same place—I found Simmonds at dinner, and asked him where Steele was—he said "Gone to dinner"—we then well down the embankment, and I asked Simmonds to go on to Clapham Junction with Mr. Patten, which he did, and I remained on the embank-ment till 12.50, when I saw Steele—I took out a warrant and said "Steele, you must consider yourself in custody, for conspiring with Simmonds to defraud the South Western Railway Company; you will be charged on this warrant"—he said "Simmonds, d—Simmonds; I know nothing about Simmonds"—I said "You had better go with me quietly to Waterloo Station"—he said "I will see you b—first"—I advised him again to go quietly—he said "I will see you at hell first," and rushed towards a large iron sledge hammer, which he took up—one of my private inquiry officers stepped up, caught hold of him, and advised him to put it down—he then went quietly to Waterloo Station, and he and Simmonds were charged at Tower Street Station.
Cross-examined. Q. When he took up the sledge hammer did he say he would go quietly, if you would set someone to take charge of his gang? A. No; but after a great deal of persuasion he said "If you will fetch a ganger I will go with you"—I cannot tell you whether it is the traffic manager's practice, when he is going to prosecute a person, to have him into his private office and cross-question him; I only know it was done in this case—I did not want to make a case; but I was instructed to investigate it—it was after my conversation with Steele that I applied for the warrant—I did not tell him I had a warrant in my pocket when I told him to go to Clapham Junction—Inspector Bond did not disappear, he has been dismissed by the Company; but he is about—Wood has absconded; at least, I have not been able to find him.
RICHARD BROWN (Policeman L R 57). On 2nd May, I was called to Waterloo Station, and Steele was given into my custody—I told him the charge—he said that he knew nothing about it—he said at the station "There was another man in it; but he has gone"—I asked him the other man's name; he refused to tell me; but on 10th May, going to his cell from the Police Court, he said "If it had not been for Inspector Wood, he should not have been in the position he was."
Cross-examined. Q. Did you caution him? A. No, I said nothing to him.
GUILTY. Recommended to mercy by the Jury; especially Simmonds who they believed had been dragged into it. STEELE— Six Months' Imprisonment. SIMMONDS— Three Months' Imprisonment.
MR. F. H. LEWIS conducted the Prosecution; MESSRS. RIBTON and KELLY defended Garrett, and MR. MONTAGU WILLIAMS defended Parkins.
CHARLES MORGAN . I am a member of the firm of Charles Morgan & Co., wholesale stationers, Cannon Street—Garrett was is our employ about twenty years—his principal duty was to receive paper brought into stock—where paper is sent out an invoice is sent and the delivery book—Carter was in the employment of a person we employed as carman—I do not know Parkins—he was never a customer—I have my books here—when goods are sent out I expect to find entries in the books—it was Bank's duty to make the entries—our premises ran out from Cannon Street to a street at the back of Cloak Lane, where there is a place in which the vans are laden—it was Garrett's duty to be there when goods were brought in—the goods were sent out from that place also—I identify this paper (produced) as my property—the wrappers have my name upon them—the value of the paper is 11s. per ream.
Cross-examined by MR. KELLY. Q. What would you call that paper in the trade? A. Large cream laid—it is not out sides—it was part of Garrett's duty to sell out sides.
Cross-examined by MR. M. WILLIAMS. Q. Supposing he sold what in termed outsides, would he send them out himself? A. The parties come, give him the money, and take the paper away with them—this paper is worth 11s. a ream now—the price of out side depends on the weight—in wholesale houses reams of paper are broken open for samples—that does not reduce the price—our carts have the name in full on them—our trade
mark and the initials of the firm are on the wrapper—there is no mistaking it as any one else's paper with those wrappers on.
MR. LEWIS. Q. The paper is made up into envelopes? A. Yes, Parkins is an envelope dealer—there are four reams of paper here, and a bundle—the bundle is the remainder of the paper after being cut into envelopes.
ROBERT PETHER (Detective Officer M). On the morning of 12th May I saw Carter leave Messrs. Morgan's warehouse about 10 o'clock, with a one-horse van—he went over Southwark Bridge in the direction of Parkins' house—I received information from a person named Huggins and I went to Parkin's house about 11 o'clock—I saw him in the cellar—I told him I was a police constable and I should take him into custody for receiving several reams of paper a few minutes before—after a time he said he bought them—I asked him what he paid a ream for it—he said 6s.—I asked him if he had got any receipt for it, and he said "No"—I searched the cellar and found four reams of paper with Messrs. Morgan's label on, and a quantity of cuttings of the same kind of paper.
Cross-examined by MR. M. WILLIAMS. Q. Did not you also find a machine for cutting envelopes? A. Yes; he is an envelope maker in a little way.
DAVID HUGGINS . On 12th May I saw Carter go to Parkins' shop and take something in—I was watching, by the prosecutor's direction—I believe it was paper that he took in—Parkins and Carter afterwards went into a public-house—I was formerly in Parkins' employment, and knew Carter—goods came to Parkins from Messrs. Morgan at various times—it was usually smaller paper than that—Carter did not come with that—it was another carman in Mr. Morgan's employ—there were no invoices brought with the paper.
Cross-examined by MR. M. WILLIAMS. Q. Were you discharged by Parkins? A. No; I had a few words with his brother-in-law, and left—to carts that come had Charles Morgan's name on them.
NATHANIEL GUTHRIG . I am in the employ of Messrs. Morgan—I am what they call the labelling boy—I know Parkins' shop—on 11th May I took some large cream laid paper to his shop, by the direction of Garrett—I did not take any invoice—I told him I had brought the paper from Charts Morgan's—I have been to Parkins' shop with paper before, fifty times—I was always sent by Garrett;—I never took any invoices—sometimes I said I brought it from Mr. Garrett and sometimes from Charles Morgan's—no one told me to say that—I have taken different sorts of paper—I have been in Messrs. Morgan's service nine months—the paper was taken from the second floor by Garrett.
PARKINS received a good character. GUILTY .— Five Years' Penal Servitude.
GARRETT— GUILTY .— Five Years Penal Servitude. CARTER—
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
eggs—he gave me a half-Crown and I gave 2s. 4d. change—he went away—I put the half-Crown in a glass, with some coppers and no other silver—the prisoner came again about 8 in the evening and asked for two penny eggs—he gave me a florin in payment, and I gave him 1s. 10d.—he went away—a man named Webster told me something and I looked at the half-Crown and florin and found they were both had—I put them in a jar on the shelf—the prisoner came in again about 4.15 in the afternoon and asked for three eggs it 2d.—he gave a bad shilling in payment—a policeman was sent for and he was given in charge—I marked the three coins and gave them to the con-stable.
WILLIAM WEBSTER . I live at 36, Stoney Street—on 2nd May I was in the last witness's shop about 8 o'clock—the prisoner came in for two penny eggs—he gave Mrs. Rooke a florin and she gave him change—he left and I spoke to Mrs. Rooke—she looked at the florin and half-Crown—I went out after the prisoner—he had got towards Southwark Street—he began to run and I lost sight of him—I am quite sure he is the man.
Prisoner. I am not the man, I was at another place at the time.
AUGUSTUS FLINT (Policeman M 26). I was fetched to Mrs. Rooke's on 19th May and took the prisoner into custody for passing a bad half-Crown, florin, and shilling—I received them from Mrs. Rooke—he denied having been there before, and said he got the shilling by gambling with strangers.
Prisoners Defence. I was at home all day, cleaning the bedstead, and I got the shilling at the Borough Market, gambling.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Williams.
URSULA BEEDON . I am barmaid at the William the Fourth, Camberwell New Road—on 20th May Jones came in for a half pint of beer—he gave me a bad 6d.—I said "This is a bad one"—he said he was very sorry he had no more money with him—I doubled it up twice and gave it to him back, and took the beer from him—he took the bent 6d. up—I am quite sure he is the man—I saw a sixpence produced at the Police Court—that was not the one he offered to me—I bent it first one way and then the other so that it could not be straightened.
Jones. I never saw the barmaid before, and this man I never knew in my life.
GEORGE OWEN . I am landlord of the William the Fourth—on 20th May Jones came in about 2 o'clock—I was standing at the side of the barmaid when she bent the 6d. and returned it to him—he said he had no more money to pay for the beer, and I took it back again and he went away—some time after I was going down the Camberwell Road, and I saw the prisoner come out of the Castle public-house—he joined two men—Williams was one of them—I spoke to a constable, and I afterwards saw them come out of Mr. Brown's, the porkbutcher.
Cross-examined. Q. How far were you from Williams? A. I followed down the road close to him—it was between 2 and 3 o'clock in the day—I am sure of him—I was equally positive as to a man named Aubrey—I
said he was there at the time—the Magistrate dismissed the charge again him.
WILLIAM WARD . I am in the employment of Mr. Brown, porkbutcher, Camberwell Road—Jones came into the shop and asked for a penny safely—Williams came in directly afterwards and asked for a penny safely, which he paid for in copper—Jones gave me a sixpence—they left the shop together and walked up the road—Mr. Owen came in and spoke to me and I looked in the till and found a bad sixpence—there was no other sixpence there—I gave it to the constable P 95.
Jones. I was not aware the sixpence was bad.
Cross-examined. Q. There was another man examined before the Magistrate? A. Yes—I heard Williams say he had been selling broom all day.
MR. POLAND. Q. Had he any brooms with him? A. No.
JONES— GUILTY — Twelve Months' Imprisonment. WILLIAMS— NOTGUILTY .
MR. COOPER conducted the Prosecution.
MARGARET FORDHAM . I am the wife of Henry Fordham, and live it 35, Willow Walk—on Wednesday night, 18th May, I went to bed, after having secured the house—I left the front door secured by a latch—when I got up next morning I found the kitchen door wide open, which had been closed in the usual way—I missed two coats, two waistcoats, and five boots—I have seen them since, and identify them as my property, which was safe on the night of the 18th.
WILLIAM MEAKER (Detective Officer). About 8.40, on Thursday morning; May 19th, I took the prisoner in Dorset Street, with the articles produced—he was wearing this shooting coat under his waistcoat—he also had two jackets on, and a shawl, and two pairs of boots in a bag—I asked him what he had about him—he said "Clothes"—on the way to the station he said he bought them of a man in the Change, two or three days before—I had received information of the robbery at 6 o'clock in the morning—he was wearing a new boot on one foot.
Prisoner's Defence. I deny they were stolen; I received them from a hawker on the previous day.
GUILTY †— Twelve Months' Imprisonment.
ADJOURNED TO MONDAY, 11TH JULY, 1870.