CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 24TH, 1870.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MEDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publisher 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, October 24th, 1870, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir ROBERT LUSH , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir JAMES HANNEN , Knt., one other of Her Majesty's Justices of the Court of Queen's Bench; Sir DAVID SALOMONS , Bart, M.P., Sir WILLIAM ANDERSON ROSE , Knt., Sir THOMAS GABRIEL , Birt, and WILLIAM LAWRENCE , Esq., M.P., Aldermen of the said City; The Bight Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; Sir SYDNEY HEDLEY WATERLOW , Knt., WILLIAM JAMES RICHMOND COTTON , Esq., and Sir JOSEPH CAUSTON , Knt., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR. TWELFTH 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 art 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, October 24th, 1870.
Before Mr. Recorder.
787. JOHN BENNETT (33), was indicted for unlawfully obtaining by false pretences, from Frederick Hamilton Phillips, 320l. and an order for 180l. Second Count—inducing Phillips to execute an agreement Third Count—obtaining 600l. from Francis Crossley.
conducted the Prosecution; and MR. RIBTON the Defence.
FREDERICK HAMILTON PHILLIPS . I live at 27, Tanley Hill, Wandsworth—in June last I saw an advertisement in the Telegraph with reference to a business at Eagle Wharf, Wandsworth, in consequence of which I saw the prisoner at Eagle Wharf, on 21st June—he referred me to the books, as showing that he was doing a very good business there—Mr. Burt was present at the time, on my behalf—we met again on the following day—he showed us the plant and the stock—he said half of the wharf was leasehold sod half of it he represented as freehold—we called for the title deeds—he said he had none, that he had taken possession of it about four years ago, and that it had been held so previously by different parties, who had never paid any rent for it, and that no rent had been paid for it as long as the oldest man in Wandaworth could recollect, there had been no owner for it—he said the adjoining premises were held in a similar way—they were held by other persons—he said they paid no rent for theirs, and that he took possession of it in the same way—he said he had no liabilities whatever, and he distinctly stated that Mr. Crossley, his late partner, had been settled with—this is the inventory which the prisoner gave me, made out and signed by him—(This was an inventory of the stock, plant of property connected with the coal business at this wharf, amounting to 1360l.—That was written out by the prisoner—I did not see him write it; it is signed by him—I know his signature—this is the deed of partnership which I entered into subsequently—(Read)—I paid the prisoner 320l. before that was made out—after the inventory was signed, on the completion of the deed, I paid a further sum of 180l., on 16th July, making 500l., according to agreement—the prisoner said the waggon was at Smith's, the carriage builder;
it was having the name painted on, and he would pay waggon hire while it was being done; it was such a small job, that Smith's, who were doing a large business, could not pay attention to such a small job as that—I made inquiries, and spoke to the prisoner; he promised to take me where the van was—he said there was 15l. due on the van, and it would not he delivered till that was paid—I have never found any van—the 170 ton of coals turned out to be only about thirty tons—the money in the bank was 39l. 2s. 4d.—if I had known all these things, and also that the land was not freehold, I would not have paid the 500l.
Cross-examined. Q. Were you in the coal business before? A. No—I had not been in any business before—after hearing from Mr. Bennett, I thought I would go into the coal business—I was favourably impressed by what I saw, and decided to go into it—on the first occasion I saw the prisoner he referred me to the books; he showed us the old boob—Mr. Burt looked into the matter for me as a friend—we both of us looked it the books—Mr. Burt went over them previously, before I went there—Mr. Burt saw him before I did—when I first saw him Mr. Burt was with me—we had a look at the books again, the day-book principally—I saw the amount sold—we saw all the stock and plant that was there, and were satisfied with it, together with Mr. Bennett's statement—(looking at a paper)—this describes how the land lies—he said the wharf was leasehold—I believe it is let at a very low rent, 25l.—the other piece he said was freehold—it was called freehold in a letter from Mr. Bennett's agent—I believe he made use of the word freehold—he said it was his own—he led me to understand it was freehold—I can't be certain that he did or did not say so—it is described in the deed as "land in possession"—when I asked him for the title-deeds he said he had none, nobody had any, nobody had any right to it, only as possessors—that was the only title he pretended to show that he had—he said the next wharf was held in the same way, that nobody could make out a title, and nobody held possession against any other person—I did not find out that that was the case with regard to this or any other piece of land—I found that he was paying rent for it—I found that the next piece of land was owned, and had been paid for—when he said he had no liabilities he was speaking of the partnership, not his own private affairs—I was not asking him about his own private affairs at all—he told me he had paid Mr. Crossley out—he did not tell me how—I knew that he and Mr. Croaley had been in partnership—I paid the 320l. to Mr. Fry—I was quite aware of that—Mr. Fry had negotiated with Mr. Bennett previously—Mr. Bennett told me that Mr. Fry had joined him, that he wanted a working partner, he found that Mr. Fry and he would not suit one another as partners, that Mr. Fry would not pay that attention to the business he should require, and he would sooner give him 20l. to withdraw than keep him as a partner, and he paid him the 320l. to get rid of him—that was 20l. in addition to what Mr. Fry had paid to get in—I have my banker's book here—the 180l. was not paid into the bank—it was paid on 16th July—I paid it to Mr. Bennett—he paid 45l. into the bank on 18th July, on the partnership account; that was two days after I had paid him the 180l.—what was paid in afterwards was paid in by myself, out of the proceeds—we drew cheques in the joint names—it was necessary to have both signatures—I had 7l. from the bank for my private account, by cheque, which he and I signed—I don't know when this inventory was prepared, it was handed to me when the deed was signed, a copy of that portion where the signature is
under—a copy of the portion on the other side was shown to me before—I have not got it, I think my solicitor has, it was sent me in a letter by Mr. Bennett's agent, Mr. Sharp—it was after I had the inventory that I went over the wharf, and looked over the things mentioned in it—I found them all correct, except the waggon and the coals—170 tons is the quantity of coals mentioned in the inventory—it was prepared at the time Mr. Bennett was negotiating with me—it was given me as an inventory of what there was there at that time—I looked at the coals and said the quantity seemed small, and Mr. Bennett said, in answer, as the stock of coals decreased, the amount of outstanding accounts increased, and the amount at the bank would increase—I am not a judge as regards quantity—I could not tell how many tons there were there—I now there was not thirty tons, by the balance that has been made up since—we have since purchased so many tons, and sold so many, and the balance of the stock shows what quantity there was on the wharf at that time—since 4th July I have attended there every day—I did not solicit orders, Mr. Bennett did that—I attended to the business at the wharf—I was there July and August—I got very dissatisfied with the business—there were very few customers and very great complaints—my books are all here—Mr. Bennett reminded me that this was the very worst time of year for selling coals—I told him the business was not so flourishing as I expected, instead of selling 200 tons a week we were selling about twenty—one horse was sold, the other was let on hire—we got 14l. for the one we sold—the money has not been paid by the buyer, a balance is owing—5l. has been paid—Mr. Bennett let the other horse on hire previous to my coming there—I have not found any things on the wharf that are not mentioned in the inventory—there were some bricks there, not mentioned in it—they were then building the wall up, and putting up a pair of gates, on the piece of land of which he said he had possession—a portion of the wall has been finished, not completed altogether—the gates are up—he gave me a list of the outstanding accounts when I came up on 4th July—it was a separate list—I think I have a copy of it—I found a great many of them had been paid to him—I found that out from the parties themselves—I have not found that any' debts due to the firm were by mistake put into that account—this is the list—9l. is represented as the amount—there are not half of those debts due—I have not heard of a Mr. Hayes who is not entered there—the Metropolitan Bank have paid nothing—Major de Rubini's name is down, but I can't hear anything of him—I was always there, and know every penny that has been paid in to our account—I got dissatisfied, and consulted Mr. Lewis, and then had the prisoner arrested on a warrant—he was taken that night, locked up all night, brought before the Lord Mayor, and has been in prison ever since—I have not been carrying on the business since—it was discontinued there and then—there was no coal to be sold—some of the accounts that were owing have been paid in; that is all that has been done—Mr. Bennett was to produce capital, 240l., to pay for stock, and he did not do it—there are no coals at the wharf now, nothing is done there—the stock was all disposed of previously—the plant is lying there now—the one horse is in a field—the barges and other things mentioned in the inventory are there—Mrs. Palmer has still got the piece of land; she has not taken possession of it—I have got the use of it—nobody attempts to disturb me—Mrs. Palmer applied for her rent—I referred her to Mr. Bennett—I have never been sued for the rent—Mr. Bennett is liable for it—there
was some little coal in the barges on 24th June—the coal altogether in the barges and the stock that was there then was about thirty tons—I can't tell you what was in the barges and what on the wharf.
MR. METCALFE. Q. You say you are not quite sure whether you mentioned the word "freehold" before; but did the prisoner tell you that he did not pay any rent? A. He declared he bad not paid any rent, and that there had never been any rent paid for it—he said the wharf was leasehold—he did not show me the lease—this is Bennett's handwriting—he did not show me that at the time—out of the 90l. outstanding debts, 40l. and a few shillings was all there was collected, and some of that was actually collected by Bennett before this agreement—I have applied for the accounts, and found Bennett's receipts—I did not speak to Bennett about it afterwards—I have collected, I believe, 20l. 3d.—the prisoner was to pay in the 250l. as it was required—he was bankrupt before I locked him up—he filed a petition in the County Court.
COURT. Q. When did you have him taken into custody? A. About 25th or 26th August—my father came up to assist me in this matter—he lives at Bangor.
JOHN HARLEY BURT . I am manager to Messrs. Phillips & Hill, iron merchants, Birmingham—as a friend of Mr. Phillips I saw the prisoner about this matter, before the partnership was commenced, on or about 21st June—I first saw Mr. Sharp, and after one or two interviews, we got to the prisoner—I made various inquiries, and asked to see the books—I was shown them—I looked round the place generally, and saw the principal items in the inventory, and was, on the whole, satisfied with the representations that had been made—it looked like a bonâ fide business—the first point upon which I had occasion to question Mr. Bennett was as to the adjoining piece of land, which was represented as a very valuable asset—I asked whether it was leasehold or freehold, and to see the title-deeds—he said he had none—he explained that he held it under a possessory-right, and that he had held it so four years; it was no man's land, he held it under possession, and had not been disturbed for four years, and he also instanced the adjoining wharf, in the occupation of Mr. Ralph, a boat-builder—he said that was held in the same way—he further pointed to houses nearly opposite, which he said were so held, and the tenants had not paid any rent, and he felt so secure in his title, that he had refused an offer of 400l. for that piece of land; he further said that Mr. Ralph, his next door neighbour, also felt so secure in his holding, that he had directed expensive buildings upon it for the purposes of his trade—he also mentioned that he had offered the tenants of the premises nearly opposite small sums to go out, in order that he might enter into possession—those were the points of conversation, all tending to show that it was his absolute property, by possession—he was asked on another occasion, when Mr. Phillips was there, whether he had paid any rent, and he said he had never paid anything for it, neither had anyone else, that was the memory of the oldest inhabitant of Wandsworth, they never had any purchaser, they had lain for some years as a mere field, there was a sort of fence between his land and the next, and he had simply removed it—he said he had no liabilities—I presumed that to apply to himself, as he had no partner at the time, unless Mr. Fry was held a partner—it was mentioned previously that Mr. Crossley had been out—I wished to get at Mr. Crossley; but I was informed he had left London or gone into Some business; at all events he could not be found—
hearing these explanations I said on the face of it it appeared good enough to entertain, and the 500l. was paid through my hands, and subsequently the 180l.—I remarked on the smallness of the quantity of coal on the wharf, and it was said it was changing from day to day, as parcels were sold, so that the two items would be taken together, the money owing and the coals; of course, it was no matter to Mr. Phillips coming in, if he did not hare the coals he would have the money.
Cross-examined. Q. Can you tell when that inventory was made stating that 170 tons were on the wharf? A. I have no notion when it was made, it was represented to me as the then fact on the day it was given to me—I think Mr. Phillips was present at the time I remarked on the smallness of the quantity of coals on the wharf—I was looking over the wharf then—I had the inventory with me—I went over it for the purpose of seeing if the inventory was correct, and to consider the representations generally, to verify them if possible—there was a quantity of coal there—I formed an idea that there was nothing like half the quantity named, and it turned out that my impression was correct—I should say there were from thirty to forty tons—at that time we were not aware that any firm existed—we were treating with Bennett alone—we were not aware that Mr. Fry was actually a partner; I only found that out at the Mansion House—there was an agreement of partnership.
SOPHIA PALMER . I am the wife of Richard Palmer, of Bridgefield House, Wandsworth—this is an agreement to hire a lease of my land at 12l. 10s.—Mr. Bennett drew this up, and my husband drew one up, and gave it to the prisoner—(Read:" 9th November, 1868. To Mr. Richard Palmer and Sophia Palmer, signed John Bennett, I agree to take the wharf mentioned by you in your letter to me of this date, and am willing to pay 12l. 10s. per annum, payable quarterly. It is also understood that you are to grant me a lease when able.")—It was taken at the half-quarter—I received from the prisoner a half-quarter up to Christmas—I received a quarter on the following March, or just after March, and the Midsummer quarter, that was paid by cheque a short time after quarter-day—I have not received any since—I received both these letters from the prisoner, dated April 3rd and 10th, both dated from 42, George Street, Richmond—(Read: "April 3rd, 1869. To Mr. Palmer. Sir,—You can go to Mr. Fanner, and ask him for the amount you apply to me for, 3l. 2s. 6d., and he will pay you. I shall be at Wandsworth at the beginning of the week, when I will call "April 10th. Dear sir,—I really forget what the amount of rent you say was due from you to me")—I let the rent go for six months—I did not want the money particularly, and he said "Well, I may as well be plain with you; I am a man of the world, and I don't mean paying you any more"—six months was due at Christmas—I have since attempted to prove under the bankruptcy 15l. 12s. 6d.—I have had the land perhaps four or five months, or perhaps a little less—my sister had it before me—I am under an agreement to purchase—my grandfather had it—he was admitted to the manor in 1800—he had it as long as I can remember—it has been in our family as long as I can remember—we have always had it.
Cross-examined. Q. Did he say the reason he would not pay you any more rent? A. That was all that passed—I did not grant him a lease because I was not admitted to the manor, and I can't grant a lease without—I have not been admitted to the manor because my sister is in America, and it is such a tedious thing—I applied to my solicitor before I let it to
Mr. Bennett—he told me I could let it, but he said "You can't grant a lease until you are admitted to the manor, and on account of that he will have to join with you"—he did not tell me I had no title at all—I swear that positively—my claim was objected to by Mr. Charlton, but I have an order from the Bankruptcy Court to appear on 22nd of next month—my sister and I entered into an arrangement that I was to purchase this property—my sister was very ill at the time, and died, the consequence is her four children have to be admitted to the manor before me—I did not let it to anybody until I let it to Mr. Bennett—Mr. Ralph had it before; I did not let it to him—Mr. Neale leased it, and the lease run out, and the land was lying idle, and Mr. Ralph put a steam boiler on it, and took possession of it, and he gave it up when I applied for it—I never received any rent from it before Mr. Bennett—I only had it some few weeks previous.
MR. METCALFE. Q. Did your sister? A. Yes, and my grandfather, too—I know that, because I have taken my sister's rent for her, and I ban received rent for my grandfather for it—that land went with a house that was there; it was garden ground at that time—I had no other piece of land—that was the piece of land for which I have received rent.
FRANCIS CROSSLEY . I am living at Bonner Road, Victoria Park—in December, 1869, in consequence of an advertisement in the Telegraph I went to a house in the Strand, and saw the prisoner there, in the presence of his agent—we had a conversation about the business at Eagle Wharf—he represented it as being capable of doing a good deal of business, and they gave some estimates, and so on, and I not knowing anything of the trade, naturally believed what was said—he said at that time they were doing a trade of sixty or seventy tons a week at present, and that it would be increased to 200 or 300 tons a week—he said the wharf was divided into two, one part of it was held at the low rent of 25l. a-year for twenty-two or twenty-three years, and that the other was his own property; a piece of land valued at about 400l.—he said that should be taken as an asset; that he would assign me one-half of it on going into the business; that he would pay in 200l. as his share as well, if I would find the rest of the capital, 700l.—I received this letter of 23rd December (Read: "To Mr. Palmer. Dear sir,—in consideration of your paying into the partnership 700l., I hereby agree to hand to you an agreement, giving you a full share with me of the plot of ground, of which I hold possession, described as lying between Eagle Wharf and Mr. Ralph's, boat-builder, and to execute such agreement when called upon")—This is the agreement—(This was dated 12th January, 1870, and by it Bennett professed to assign to the witness an equal share in the property in question)—On entering into the articles of partnership I paid 300l. to Fricker & Davis, on the prisoner's behalf, and I afterwards paid in 300l. to the Metropolitan Bank to the joint account—the prisoner gave 50l., which I paid into the bank with mine—he said the piece of land was his own by possession—he said he had never paid any rent, or been asked for it—he said there was no owner for it but himself—I attempted to get out of the concern by sacrificing part of that which I had paid in, on purpose to get rid of him—I never got anything; I never received a shilling—the prisoner gave me two bills, which have never been paid—I made him a bankrupt—one bill was due on 11th June, and the other on 28th—they were both dishonoured.
Cross-examined. Q. Are you quite sure he said, with reference to this land, that he had never paid any rent for it? A. Yes, quite sure—he said
he bad rented the wharf, and there was a sort of broken down paling that was standing between the wharf and this piece of land, and there being no owner whatever for the piece of land he simply removed the fence, and took possession of it—we carried on anything but a flourishing business; I lost everything—something like 700 or 800 tons were sold between the beginning of January and the end of April—I don't consider that a good trade; it did not pay expenses—it was represented to me as a wonderful affair—I naturally expected at least 10 per cent, on the returns—I entered into negotiations with Mr. Sharp when I wanted to get out of it—I got thoroughly tired of it—I was not accustomed to the coal trade—I had been in the wholesale oil refining—I did not find that profitable—it fell off—I was in it about five or six years—I was also in the soap making trade from fifteen to twenty years—that was profitable—I did not leave the oil trade, it left me—I naturally took the first thing that offered—I would become a sweep if I could make money by it, or a solicitor if I could make money by it—before I paid the 600l. I went over the wharf, and saw the plant—I only examined the books slightly at that time—I understand book-keeping—I did look into the books—I was not satisfied with him—I took their word for it—they showed me a statement of accounts drawn up by an accountant, and I, naturally thinking Bennett was the possessor of the land, and that he was about to pay in 200l., and that would make his share almost equal to mine, I was disposed to believe that he said—at the time I left, at the end of March, I considered it might be made a profitable affair if more money was brought into it—I to represented to Mr. Sharp—I told him the available capital was 300l. or 350l.—I said it was a promising place; if I was to deal in pavingstones, with plenty of capital, I could make it pay.
Witnesses for the Defence.
JOHN TEMPERLY . I reside at Brompton—I am an accountant, and have an office in the Strand—I formerly carried on business as a coal merchant with my brother, at this wharf; that was about three years ago—we did a very good business there—there are two strips of land running up from the river—one is a wharf—I had the piece of land, at that time, from a person named Shaw, and he had no power to grant a lease—I did not pay him any rent for it—Shaw was in possession of it, and he was our manager—I did not pay any rent because he would not grant me a lease—I never knew any rent paid for it—I have known the prisoner eight or nine years—I never knew anything against his character—I have always found him perfectly straightforward.
Crpss-examined. Q. You occupied this wharf as a coal merchant? A. Yes—Eagle Wharf—I was told there was no title to any of the property about there—the piece we had was adjoining Ralph's—Ralph was not there at that time; Hawkins was there then—I understood that that was called Eagle Wharf—the piece we occupied is the piece which appears on this paper, white—a person named Hawkins had the next piece—I think it was twenty-two years ago—Shaw was in possession then—I don't know where he is now—I should think it was twenty-five years ago when I first went there—we remained there three years, and then removed to the wharf Basin—we left the wharf because we could not get any lease for it—I gave the coal business up ultimately, and became an accountant—Shaw was our manager while we were at the wharf—he lived in the house feeing the wharf.
MR. RIBTON. Q. Were you doing a large trade at this wharf? A. Yes, about 250 tons a week—Shaw was in possession of the wharf firstbe came to me and asked me if I would carry on business there, and he would be the manager, and I agreed to do so—he said "I will find the wharf, and make me your manager"—I can't tell whether he paid any rent—I have not been to the wharf for the last two or three years—I think there was a division down the centre of the wharf then—we only occupied one side—the side nearest to Ralph's.
HENRY FUTER . I know this piece of land perfectly well—I was in possession of it sixteen years ago, and had it about two years—I used to put sand on it and no one interfered with me, and after that I took possession of it—I never paid any rent—I left the wharf because the City put a fine on us for sand, and I could not afford to pay it—the next piece of land to me was also used as a wharf at the time I had my sand there—a man named Phipps had that wharf—he did a large business—I used to do work for him.
Cross-examined. Q. What are you now? A. I am a lighterman, and was foreman for Mr. Bennett and Mr. Phillips, from the time the wharf opened—I worked for Mr. Bennett when the place first opened, about four years ago—I am speaking of the wharf next to the piece of land—I believe it was four years ago I was there with Mr. Bennett—it was more than two years ago—I can't say whether it was in 1868—I believe he took Eagle Wharf some few weeks before he took his piece of land—I went to Mr. Bennett as foreman and lighterman, and I continued with him until his bankruptcy—we did a good deal of business, and did 150 or 160 tons a week in the winter time—I don't know that there was a hired waggon there—I don't know what waggon it was—there used to be a waggon there when I was there—I was not there the whole time, because I had to go after craft—there was a waggon there in June and July—it was not a hired one, I believe—I never knew Mr. Bennett to sell a waggon while I was there—the piece of land I put my sand on, sixteen years ago, is the piece which Mrs. Palmer says belongs to her—I don't know who was in possession of it then—I knew Mrs. Palmer a great many years ago—I might have known her sister—I don't know that the house opposite the Wharf belongs to Mrs. Palmer—I did not claim that—I could have had it.
MR. RIBTON. Q. What do you mean by saying you could have had it? A. A party asked me to take it and pay him 2s. a week—that was Mr. Neale—I don't know whether he paid anything for it—I remember Mr. Crossley being there—he used to come about four days a week—I remember when Mr. Phillips came first.
JOHN RALPH . I am a boat-builder—I know this plot of ground which Mrs. Palmer claims—I occupied it about a year and a half ago, or two years—I had it for about five or six years—I put timber on it—I never paid any rent for it to anybody—no one ever asked me—Mrs. Palmer never claimed any—I went to Mr. Neale, who lived in the house facing the ground, and asked him if he would allow me to put my timber on that wharf, as it was doing nothing at the time, and he said I could put what I liked on it—I left it because some one sent me a notice to leave, and I went to my solicitor, and he said "Do you want the wharf particularly,"and I said "No" and he said, "Well you had better give it up"—I took Possession of it more than anything to keep the boys from coming alongside my shop, to prevent them from breaking the windows and so forth—I gave it up to
Mrs. Palmer—I had seen her before—I used to see her two or three times a week—she lives close there—the prisoner entered into possession a day or two after I gave it up.
Cross-examined. Q. When Mrs. Palmer served you with a notice, you gave it up to her? A. Yes, I received permission from Neale to put timber there—I don't know that he paid any rent to Mrs. Palmer—he used to pay rent for the house facing the ground, to Mrs. Palmer's agent—I held the land adjoining—I paid 600 guineas for it, and for a ten-roomed house facing, but there is about four times the space of ground on my place that there was on this little wharf.
GEORGE SMITH . I am a coal and general dealer, and live in the Commercial Road—in June last I had a waggon of the prisoner—I had it to sell because it did not suit him—it was a square-headed van, and he wanted a round-headed one, and asked me to buy him one for 25l. or 3l.—he gave me 9l. or 10l. towards the purchase—I bought him one about two months ago, and I am ready to give it up if I get 15l.—I had orders to buy another for him directly after I sold the other—I could not get one to suit him—I took him to see two or three, but they could not do.
Cross-examined. Q. On the 21st June, had you a waggon in your possession belonging to the prisoner, valued at 30l. A. I can't say as to the date—it was not worth 30l.—the one I had, sold for 18l.—he said he wanted me to buy him one for 25l. or 30l., and he left 8l. or 2l. as a deposit—I hired one for him in July from Mr. Deadman, and that was the only one he was using at that time, I believe.
MR. RIBTON. Q. There were other vans on the wharf, were there not? A. I hare seen three or four when I have been there—I transacted business frequently with him, and sold plenty of coals for him, and could sell plenty from that wharf.
THOMAS SHARP . At the time the negociations were going on with Mr. Phillips I was acting for Mr. Bennett—I remember Mr. Shaw and Mr. Burt coming there frequently—the books were always open to inspection—I am a commission agent, amongst my own friends only—Mr. Phillips went down with Mr. Bennett, and I was with them on one or two occasions when he inspected the barges and horses—I kept away—I did not hear what he said on the matter—this (produced) is an inventory of the plant as it existed—this is a copy of it—it was copied two or three months ago; before Mr. Phillips put himself in communication with Bennett—I can't say exactly how long before, within a few days—there is an item of 170 tons of coal in the yard—tbat was put down at Mr. Bennett's bidding—I did not see that the coal was on the wharf; it was not my business to do so—I made out the memorandum of the things on a piece of paper, which I have in my pocket now, and I copied this from it—Mr. Burt and I communicated freely before this affair—I heard the question put by Mr. Phillips to Bennett, about the land—I can't remember the exact words; as to what title he had to the land; the reply that Bennett made on that occasion was that he had no title to it, and on two or three occasions it came out that he got possession of it in a possessory title—I replied to Mr. Burt when the question was asked that there were no liabilities on the business, and I understood that from Mr. Crossley himself—that did not have reference to his private debts.
Cross-examined. Q. You understood that from Mr. Crossley? A. Yea,
that there were no debts whatever on the business—I did not know that the prisoner was renting this piece of ground—I believed it to be his property—I did not know anything about the rental—I described it to the gentleman as Mr. Bennett's own property—I knew nothing of this agreement, or I should not have made such a statement.
GUILTY of making the false pretences as to the land. Ten Months' Imprisonment.
The following Prisoners PLEADED GUILTY:—
788. JOHN FREEMAN (39) , to feloniously forging and uttering an indorsement to an order for the payment of 5l. 16s. 6d., with intent to defraud, and also to embezzling and stealing the order and other moneys of William Bradbury Robinson, his master— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
791. FREDERICK WHITE , to stealing eleven pieces of leather and four leather, soles, of Emanuel Lambert Lion and another, his masters*— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
792. FREDERICK ANDERTON LOCK (32), and PHILIP HOUGHTON (50) , to stealing 1000 drawing pins, of Henry Bowler Wild and another, the masters of Lock, and receiving the same—Recommended to mercy by the prosecutor—LOCK— Nine Months' Imprisonment—HOUGHTON— Judgment Respited. [Pleaded guilty: See original trial image.]
794. EDWARD LANCASHIRE (15) , to stealing thirteen post-letters and four Post-office orders, the property of Joseph Ellis, his master— Six Months' Imprisonment. [Pleaded guilty: See original trial image.]
796. ALFRED HARRIS (30) , to stealing 50l. and a post-letter, the property of Her Majesty, being employed in the Inland Revenue Office— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
797. MAURICE COGGIN (30) , to stealing a watch and chain, the property of John Francis Kain, from his person, having been before convicted on 6th March, 1865**— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, October 24th, 1870.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and HOLLINGS
conducted the Prosecution.
JOHN FITZGERALD . I am a cheesemonger, of Cow Cross—on 13th October the prisoner came in for some bread and some butter, which came to 10 1/212;d.—he gave me a shilling—I said "This is a bad one"—he said "No, it is not"—I bent it with my fingers, doubled it in half, and asked where he got it—he said "At a public-house, the night before"—he left the goods on the counter, and came back in a half or three quarters of an hour, saying that he had got it changed at the public-house, the Red Horse, and paid me in copper.
JOHN WILLIAM BOWD . I live with my father, at 87, St. John Street—he keeps an eating-house—on 13th September, about 5 o'clock, I served the prisoner with two pennyworth of meat and one pennyworth of pudding—he
gave me a florin, which I tried, and bent—I gave it to my father, and saw him bend it—I told the prisoner it was bad—he said that his mother gave it to him—he was given in custody.
JAMES BOWD . I am the father of the last witness—he gave me a bad florin, which I broke with my teeth, and asked the prisoner how many more he had got—he said "None"—I asked him where he got that—he said that his mother gave it to him, and that she kept a shop at 3, Berkley Street—I gave custody.
BERNARD DOOLET (Policeman G 27). I took the prisoner, and received this florin—he said that he got it from his mother, and did not know it was bad—I took him to the station, and found on him two shillings, a sixpence, and 5 1/2 d. in coppers—he gave his address 3, Berkley Court, which was false.
GUILTY .—He was further charged with having been before convicted.
RICHARD FAWELL (Policeman R 269). I produce a certificate—(Read: "Charles Baker, convicted of uttering, April, 1870, four months' imprisonment ")—that refers to the prisoner—I was present, and am sure he is the person.
GUILTY. Mr. Brannan stated that when the prisoner came out of gaol he was met at the door by his former companions, who dragged him into this offence and that he was rather an object of pity than of punishments— Six Months' Imprisonment.
MESSRS. COLERIDGE and HOLLINGS
conducted the Prosecution.
JAMES SLINGSBURY . I keep the White Hart, Windmill Street, Tottenham Court Road—on 13th October I served the prisoner with a half-quartern of gin—he gave me a florin—I put it between my teeth, and found it was not good—I gave him a good shilling, and directly he left I followed him to Hinway Street—he went into the Blue Posts, and I spoke to Reilley, who was in plain clothes, and went into the centre bar, and told the people there to see what he gave—he changed 3s. 6d. worth of coppers, and came out; I followed him, with Reilley, to where he lived—Fisher then came up.
EDWARD FISHER (Detective Officer E). On the afternoon of 13th October, Slingsbury told me something, and I went to 33, Dudley Street, to the top room back—there are thirteen rooms in the house—I tried the door, it was shut; we forced it open, and the prisoner was sitting on the ground, with his back against the door—I asked him where the florin was, which he attempted to pan about 2 o'clock—he made no answer—I asked him if he had any more about him—he said "No"—I removed his hand from a box, which I opened with a key of my own, and found fifty-five florins, 153 sixpences, and one shilling, all counterfeit—I found a bad shilling and sixpence on the floor, where he had been sitting—I took him to the station, and then returned, and found a galvanic battery, a crucible, a packet of Plaster of Paris, two bottles of acid, two files, three copper wires, which appeared to have been recently used, a ladle, with fused metal in it, and other things in this box—the prisoner had been drinking, but knew perfectly well what he was about—I tried the padlock with a key Reilly gave me, and it fitted.
WILLIAM BOYELL (Detective Officer E). I accompanied Fisher to 33, Dudley Street, and took possession of some bottles of acid—I saw the other things found—the prisoner was shuffling in the yard, as if he had swallowed something,
and the divisional surgeon was sent for to examine him—the prisoner said that he had now lost his liberty, and he thought he was entirely done for.
Prisoner. I never made such a remark.
THEODORE REILLY (Policeman E 113). I was with Fisher—I went to the station and took a door-key from the prisoner, with a box key tied to it—I tried the key of the room, but did not see Fisher try the key of the box—I found on the prisoner 19s. 3d., good money, and 4d. in bronze.
Prisoner. Q. Did I apply to you to allow me something towards repairing my room? A. Yea, to paper and repair it—that was deducted out of the week's rent.
WILLIAM WEBSTER . Here are 154 sixpences of 1842 and other dates, principally in on unfinished state, but some are finished; some hare not passed through the battery, others have—here are fifty-five bad florins, in a rough state, with the gets broken off—these sixpences are of 1862, and from the same mould as many of those produced—I tell that by certain marks in the good coin being reproduced here—the material is pewter—here are all the implements necessary for making bad money, to a large extent; a battery, acids, files, with white metal in their teeth, plaster of Paris, to make the moulds, copper wire, and a ladle containing white metal.
The prisoner produced a written defence, stating he had bought a boot upon electro-plating, and was practising the art when he was tempted by a man to plate this base coin for him; and that he only used the plaster of Paris to repair holes in the walls of his room.
GUILTY .— Seven Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution.
ANNIE THOMPSON . I am the wife of Peter Thompson, who keep the Baltic Arms, Shadwell—on 15th September, about 8 p.m., I served the prisoner with a pint of ale, which he paid for with coppers—he then asked for a half-ounce of tobacco, and gave me a half-crown—I put it in the till, where there was no other, between 8 and 9 o'clock—my husband took it out between 11 and 12 o'clock, and gave it to me—I put it in a cupboard by itself—I saw my husband take it from the till; there was no other there—nobody had been serving but him and me—on 25th September, about 8.30, the prisoner came again, with three men—one of them called for a pot of half-and-half, and gave me a good florin—the prisoner afterwards called for another pot, and gave me a half-crown, which I gave to my boy Roe to get changed—he came back with the half-crown, and a constable.
PETER THOMPSON . On 15th September, my wife and I were in the bar—I opened the till between 11 and 12 o'clock, and found a bad half-crown—there was no other half-crown there—we took no other that evening—I gave it to my wife, who put it in a cupboard.
from Mrs. Thompson, and this other from Roe—I took the prisoner—he was searched, and two good shillings and four pennies were found on him.
Prisoner. That was the change of the half-crown.
Prisoner's Defence. I have been in prison ever since the 25th of last month, and I think that is quite sufficient for what I have done—I was never near the house on the 15th.
GUILTY of the second uttering. — Six Months' Imprisonment.
conducted the Prosecution; and MR. MONTAGU WILLIAMS
MARY ANN BELL , I am the wife of Thomas Bell, tobacconist, of 141, St. John Street Road—on 16th September, I served the prisoner with a 1/2lb. of biscuits, which came to 4d.—she gave me a half-crown—I told her it was bad—she said she did not know it—I told her that my shop-woman had taken another one, and asked her if she had passed it—she denied it, and said she had never been there before—I gave her in charge with the half-crown.
THOMAS PHILLIPS (Policeman G R 15). I took the prisoner, and received this half-crown—I found a key oil her at the station, which I took to the address she gave—it opened the door of a room there, and I found a bad half-crown on the mantelpiece, and in a cupboard a purse containing nine half-crowns, twelve florins, five shillings, and nine sixpences, all bad, and separately wrapped in tissue paper—in another room, which was not looked, then were two children—next morning, going to the Court, I told the prisoner what money I had found in her room, and showed her the purse—she said nothing, but began to cry.
Cross-examined. Q. Did you make inquiries, and find that she was living there with a man as his wife? A. Yes—I have tried to take the man, but have not been able—I did not find her marriage certificate.
BENJAMIN BRYANT (Police Inspector G.) On 16th of September the primer was brought to the station, I got a key from her and gave it to a constable with directions—after some time he came back and brought a pane containing a quantity of counterfeit coin—I went back with him to the home and went up stairs with him and the landlady to the first-floor front room, and on the top shelf of a cupboard a florin and seven half-crowns, each wrapped in tissue paper, also a file with white metal in the teeth.
Cross-examined. Q. Did you find a rent book? A. Yes (produced)—I find in it "Received of Mr. Jones one week 5s., 12th 5s."
SUSAN ROGERS . I am the wife of William Rogers, of 7, Chapel Place, Liverpool Road—the prisoner has lodged with me three weeks, with a person who passed as her husband, and three children—they occupied the front and back rooms, first-floor.
Cross-examined. Q. Did they live as man and wife in the name of Jones? A. Yes—the three children called them mother and father.
Witness for the Defence.
known the prisoner ever since she was a girl; she worked with me at one time and afterwards for me—she was always well conducted and honest—she left me to be married five or six years ago.
COURT. What age do you take her to be? A. Twenty-five or twenty-six—her maiden name was Elizabeth Beeston—and I believe she lived in Hart's Lane, Bethnal Green—it may be eight years since she left me—I always understood she was married and that she had a very bad husband—I do not know his Christian name—(The marriage certificate dated Novembers, 1862, was not put in, it being only signed with two crosses.) NOT GUILTY .
MESSES. COLERIDGE and 31 J. O'CONNELL
conducted the Prosecution; and
MR. PATER defended Harris.
MATILDA KELL . I am the wife of Robert Kell, a beer-seller, of Rochoter Row—on Saturday night, 29th August, at 11.30, I served the prisoners with a pint of Cooper, which came to 2 1/2 d. they both drank of it—Harris gave me a half-crown, which I put in the till, and gave him the change, there was no other half-crown there—when they left I took the half-crown out and bought some meat with it, and the butcher's wife bit a piece of it and gave it back—I brought it back and put it in a drawer—on 10th September, at 7 o'clock, Watson came for a glass of bitter and stout, 'she gave me a half-crown—I had not change in the till, took it into the parlour and found it was bad—I locked the door—she asked me if I was going to give her the change—I said I was when a policeman came—a policeman did come, and I told him in her bearing that she had been then before with a man and passed a bad half-crown—she said she had not been in the house before, but I knew her when she came in—I gave her in charge with the half-crowns.
Cross-examined. Q. Have you lodgers? A. Yes, they are married people—I had received money from them that night, but no half-crowns—I put the money I received from them in the till—their name is Rawlings—I had no half-crowns in the house, and there was no other money in the till, I had taken it out at 11.15—I had never seen Harris before.
Watson. Q. Can you swear to me? A. Yes, by that scar under your chin.
HANNAH ROLAND . I lived at this time in Mrs. Kell's house—on the 27th August, at 11.30, I saw the prisoners served with a pint of Cooper—Harris put down a half-crown, which the landlord put in the till—they stayed ten minutes—on the 10th September I saw Watson before she got to the bar, the looked in first and then came in and was served with something—the landlord spoke to me and I fetched a constable.
Cross-examined. Q. Were you in the beer-house on the 27th August? A. Yes—my husband was with me the night Watson was there, but not on the 27th—I had paid my rent that night previous to the prisoners coming in; I paid two half-crowns, a shilling, and a sixpence, the rent was 3s. and there was some money I borrowed, and some I owed for beer—when the half-crown was given by the man, the change was taken from the till; I have no doubt about that; these were the last two persons in the bar—I was in the beer-house five or ten minutes before they cwne in—have no doubt that when the half-crown was paid the change was taken from the till.
MR. O'CONNBLL. Q. Did you pay your rent about two o'clock? A. Yea, or a little after—I did not see what the landlord did with it, nor did I see what was in the till when the change was taken out.
COURT. Q. Where were you standing when the man paid the half-crown? A. On the customer's side of the bar—I could see the till, but could not see whether it was empty or full.
Walson. Q. Were you in the box where I was when I gave the half-crown? A. No.
SQUIRE WHITE (Detective Officer). I was called and took Watson—I asked her where she lived—she said she was a respectable woman, and lived at the Stores, meaning Pimlioo Stores—I received these two half-crowns from Mrs. Kell.
MORGAN MORGAN (Detective Officer). On 10th September I took Harris it a public-house in Peter Street—he was put with several other men at the station, and both the female witnesses identified him—in consequence of what took place at the station I went to the house where I knew the prisoners had lived as man and wife for two or three months—I found the door burst open and everything ransacked, and the bed upset.
Cross-examined. Q. Were there other persons in the house? A. No—Upson, another officer, had pointed out the house to me a few days before.
Watson. I never spoke to the man in my life, I only live in the neigh-bourhood.
JOHN GRANT (Policeman B 289). On 10th September I was on duty at the station when the prisoners were brought there—they were placed in separate cells; but at the latter part of the evening a woman, who was drunk, was placed in Watson's cell—after that, at 9.30, Harris cried out "Boyce" twice, and said "We are strangers, mind; we don't know one another"—she said "What has come of Tom and Dick?"—he said "They are all right, surely someone will go to the house and get their box away before these b—y sods go there"—she said "Yes, by God, someone will go to the house and turn the place over before they get there"—he said "Good night; we are strangers"—I made this memorandum of the conversion at 10.30.
Cross-examined. Q. Did you give evidence before the Magistrate? A. No—I was not called—there was not another man next to Harris's cell—there was another man besides him—there were four prisoners altogether—the prisoners were taken in separately—I do not know whether Harris was aware that Watson was in custody—Watson was brought in first.
Watson. Q. Was not the other woman locked up for stealing a pipe, and was not she talking to the man in the next cell? A. No, there were two empty cells between them, and I was sitting in the passage between them, and could hear where the voices came from, but they could not see me—the two females were in the same cell—I know your voice perfectly well—I have known you some years, going about. Westminster.
Watson's Defence. I never was in the house before, and know nothing about it.
They were further charged with previous convictions; Watson in December, 1868, and Harris in January, 1868, to which they both
HARRIS**— Seven Years Penal Servitude.
WATSON— Fifteen Months' Imprisonment.
OLD COURT.—Tuesday, October 20th, 1870.
Before Mr. Recorder.
804. CORNELIUS WALFORD , PLEADED GUILTY to unlawfully publishing a defamatory libel of and concerning Arthur Forwood, and James Russell Ross— To enter into recognizance to appear and receive judgment when called upon.
MESSRS. POLAND and COLLINS
conducted the Prosecution; MR. BESLEY appeared for Gale, and MR. SERJEANT PARRY, with MR. F. H. LEWIS, for Stewart.
WILLIAM CHAMBERLAIN . I am a detective officer of the E division—on or about the 28th July last, I and Carter, another detective, received information of a robbery from Messrs. Leet & Edwards, some bran fittings had been lost—in consequence of information I apprehended two men, named Eley and Floyd, who had formerly been in Leet & Edwards' empty, and they were charged with breaking and entering the warehouse, and stealing the property—from information I went on the 29th, to the premises of the defendant Gale, at 69, Cow Gross, Smithfield, he carries on the business of a dealer in second-hand machinery, and old brass and metal—we saw Gale and had a conversation with him, he afterwards produced the stolen property—we took him into custody, and were bound over as witnesses to appear against him at the Middlesex Sessions—Floyd and Eley were also committed for trial—I gave evidence before the Magistrate of the finding the articles and of the conversation—the Middlesex Sessions commenced on Monday, 15th August—it is the custom there to fix a special day for the trial of bail prisoners—we went there on the Monday, to give evidence before the Grand Jury—about 1 o'clock, Carter and I went into the Fox and Horns public house to have lunch, it is a house close to the Sessions House, kept by Mr. Lambert—after we had finished lunch, Miss Lambert made a' communication to me, and pointed oat the prisoner Stewart, who was in the opposite bar to us—I looked towards him, he held up his finger, and I went to him with Carter—he said "Holloa, how are you, what will you have"—I said "I have not the pleasure of knowing you, sir"—he said "Oh, never mind, have a drop of brandy, and I will tell you who I am; you know me"—we each had 3d. worth of brandy—he said "You have Gale in custody, have you not"—I said "Yes"—he said "He is a particular friend of mine, I have known him for a long time; I am told that all the evidence rests upon you two (that was Carter and me, who were standing together) any amount of money in reason you can have, if you will but get him off"—I said "We don't want any money"—we had just then drank up the brandy and were about to go out, and he said "Look here, here is my card,"he gave me his card and said "Go home, think it over, and meet me tomorrow evening, at 7 o'clock, at the Clock House, Leather Lane"—this (produced) is the card he gave me, "F. Stewart, iron-merchant, 48, Southampton Street, St. John Street, Clerkenwell. Smith's shops cleared on the shortest notice"—I said "Well, I won't promise you that we will meet you there, he said "I will wait from 7 till half-past, to see if you come"—we then went
back to the Sessions, and when we returned to the Station, about 4 o'clock, we saw Inspector Shenton, and communicated to him what had taken place, and consulted him—we afterwards saw Superintendent Thomson in the evening—we received certain directions from him, in consequence of which we went on Tuesday evening, to the Clock House, Leather as appointed—the bill was found by the Grand Jury that day—Sergeant Kerley accompanied us to the Clock House, he was standing a little distance off—Stewart came to the Clock House just about the same time we did; I think we went into the public-house first, he came in just afterwards—he said "Good evening, my friend Gale is not a hundred yards off, would you like to see him"—I said "Well, I have no objection"—he said "We won't stop here, go to the Yorkshire Grey public-house (that is at the corner of King's Road and Gray's Inn Road) end I will meet you there in half-an-hour"—about 9.30 that same evening we went there; we went into the coffee-room, and the two prisoners came in together directly—Stewart said "Good evening, here is my friend Gale, I want you to do what you can for him, I know you can get him off if you like"—I said "I can't say anything about that"—Gale said it was a very bad job, he had got a large family, he hoped we would do what we could—Stewart said "To show you I am genuine, I will give you 10l. now, and I will give you 20l. tomorrow, and 20l. after the case is settled; I wont give it you in here, come outside, there is somebody sitting over the other side, I don't know who they are"—Gale was sitting close to us at this time, he could hear what was said—we all four went out into the Gray's Inn Road—there is a dead wall there—Stewart then handed a 10l. note—Gale was standing just facing him—we were all four standing together, looking at each other—Stewart said "If you come down to my place to-morrow I will bund you—, no, I will not do that; if you don't come to my place to-morrow I will come down to the Sessions House, about 12 or 1 o'clock, and I will give you the other 20l. then, and the other 20l. after the case is settled, malting altogether 50l."—I said I could not promise whether I would go to his house—I said "I don't think we shall come there"—he said "Then I will come to the Sessions"—I said "You shall see someone there"—we afterwards went to the Red Lion, and had some lemonade, and parted—as soon as I came out of the public-house, Sergeant Kerley had been standing outside, watching us, and I handed the 10l. note to him—this is it—(produced—I wrote my name on it, and Kerley and Carter also wrote theirs—we reported what had occurred to Superintendent Thomson, and received further instructions—next day, Wednesday, we were at the Sessions House till 2 o'clock, and saw no one—in going home we had to cross Farringdon Street; a man came up and made a communication to us, in consequence of which we went to the Farringdon Street Railway Station, at 7 o'clock that evening, and saw Gale there—he said "I am very sorry we could not meet you this morning, being very busy; you must not stop here, I will meet you up at the Yorkshire Grey in half-an-hour or so"—we saw Sergeant Kerley, and we went to the Yorkshire Grey, and saw Gale there—said he was very sorry, he had been very busy "and another thing,"he said "I am rather short of cash; I lent some money out a short time ago, but I have two bills, one for 30l., twelve months after date; you can have that if you like"—he shewed it to me, and I fancy there was a little more than 30l., 32l. odd, I think—I told him I would not take that—lie then
said "Meet me to-morrow morning at 9 o'clock here, or a little after, I will see Stewart, I know he has been very busy, he is clearing some iron away from the House of Correction"—he said he would bring the remainder of the money, that was 20l.—Kerley was still outside—on our return to the station we reported what had occurred to the superintendent—about 9.30 next morning, Thursday, by instructions, we met Gale at the Yorkshire Grey—he said "My friend Stewart is not coming up yet, can you wait half-an-hour?"—I said "We hare got some business to attend to"—he said "I won't be long; you might come part of the way, come down as far as Hatton Garden, to the Globe public-house"—we waited outside the Globe till he came—he said "Come inside"—we went inside, and he there gave me a 5l. note and five sovereigns—he said "I have not seen Stewart; but if you will meet me to-night, at 8.30, I shall see him in the meantime, and will see you to-night at the Yorkshire Grey—this (produced) is the 5l. note—I handed it to Kerley, with the five sovereigns, as soon as we came outside the public-house—we again made a communication to the superintenddent, and a warrant was applied for, before Sir Thomas Henry, to arrest the prisoners—that same night I and Carter went to the Yorkshire Grey, and saw Gale—he said Stewart was not come yet, he knew he had been very busy, he had hardly had time to get home and clean himself, "we will walk down that way, and I will go down to his house"—we went to Northampton Street, and Gale went to a house which he said was Stewart's—we remained at the top of the street; he came back and said "He is not in, he will be in in a few minutes"—whilst he was speaking Sergeant Kerley came up and took him into custody—he was taken to the station—Stewart was after wards brought there—he was going to say something—the superintendent said "Wait a moment, allow me to say that anything you say will be given in evidence against you"—Stewart then said he should not have done it if it had not been for Gale persuading him to do so, and Gale said "Shut up, don't say nothing here"—at the Police Court I gave evidence against the prisoner—Mr. Lewis, senior, defended Stewart—Stewart was about to say something, and Mr. Lewis told him to be quiet—he said "No, I will not; all the officer has stated is quite correct, and I don't want to tell any falsehood"—Mr. Lewis kept persuading him to hold his noise, and not to say any more, and Sir Thomas Henry said "As your solicitor advises you not to say anything, we will not take it down"—at the trial of Gale, Eley and Floyd, Gale was acquitted—I gave evidence against him at the trial as to what I knew of it.
Cross-examined by MR. SERJEANT PARRY. Q. Stewart had nothing to do with that—he was not implicated at all in the charge? A. He was not—in whatever he did I understood him to be acting for his friend Gale—he said he believed Gale to be perfectly innocent—I did not tell the Jury who tried Gale about these attempts made upon us—there was not a word allowed to he said about it—I don't think the Jury knew anything about it—something was said between the Counsel and Mr. Serjeant Cox, but not to the Jury—I gave my evidence, but not about what Gale had said to me—Gale said "I am innocent, but that man did me who came up and said I was not there; he would swear anything"—that referred to a man named Groves, I think—he did not say that he felt sure he should be acquitted but for that man—he kept asking us "I can depend upon you; I feel sure I shall get off"—on the first occasion we had some brandy with Stewart, and talked to him in a friendly way; we listened to what he said—I. saw "We
shall have nothing to do with it, we don't want any money"—I met him again, from instructions I received from my superior officer—Superintendent Thomson ordered us to go and see him—he did not tell us to lead him on—we were instructed to take money if it was offered—we did not hold oat any prospect that we would alter our evidence—we took refreshments with them—they paid for it on two or three occasions, and I paid for it sometimes—twice, I think, I paid for what they had—that was not to induce them to believe I would do anything wrong—I never told them that I would alter or suppress my evidence—I don't know that we said anything to induce them to believe so; they might infer it from what we said, very likely; still we did not say anything—I had four interviews with them altogether, I believe—I did not tell them that I had reported the matter to Superintendent Thomson.
Cross-examined by MR. BESLEY. Q. How long have you been in the fine? A. Eleven years—I have been in plain clothes for the last eight years—I am known as a detective officer—Carter and I have been in a great number of cases together—Gale was not present at the first interview at the public-house—the last interview with Gale was when the 5l. note and the five sovereigns were given—that was on the Thursday, he was tried on the Friday—I don't know that Gale's defence was that he was not present at his shop when the articles were brought there—he had the auctioneer present at whose sale he was, to show that he was elsewhere—the Jury did not stop the case—they said they believed the wife must have taken in the brass instead of the husband—he was churchwarden—a great number of his friends attended on the Friday—I was not asked about receiving money from him—Mr. Pater proposed to prove it, and Mr. Serjeant Cox objected—that was said privately—Mr. Pater went close up to the bench—the Jury could not hear it.
MR. POLAND. Q. Was any attorney employed to conduct the prosecution? A. No, the depositions were handed to Mr. Pater—it was in the Yorkshire Grey that Gale said "That man did me,"on the Wednesday evening—I think the man Grove, or some such name, was bound over for the prosecution, and he was called for the defence—he is a friend of Gale's, and lives just opposite—I think the name is Milling—he was called for the defence before Sir Thomas Henry—Sir Thomas cross-examined him—my salary is 28s. a week, allowing something for plain clothes; about 29s. 6d. or 30s.—I made my report in writing, every night, of what had occurred.
MR. BESLEY. Q. When he said "That man will do me,"did he not add "When he said I was there?" A. He did, but he afterwards said "Well, I was there, but he ought not to have said so, that was arranged before"—I stated that at the Police Court."
MR. SERJEANT PARRY. Q. Did not Stewart say that he was very sorry for Gale, who had a large business, two or three shops, and a family of children; that he had got into this difficulty, and he should like to see him out of it? A. He did—he also said "I am a respectable man; I have had a contract for repairs at the House of Correction, and to show you who I am, here is my card,"and then he gave me his card.
12 and 1 o'clock in the day, I saw the prisoner Stewart in our house—I also saw Chamberlain and Carter there in a different compartment—Stewart told me he wished to speak to the man in the grey suit, that was Chamber-lain—I then communicated with Chamberlain, and afterwards saw him, Stewart, and Carter, talking together in the same compartment.
FREDERICK KERLEY (Police Sergeant E). On Tuesday evening, 16th August, in consequence of instructions from Superintendent Thomson I went to the Clock House Tavern, Leather Lane, and saw Chamberlain, Carter, and Stewart, there—I was not near enough to hear the conversation—I was in plain clothes—I saw them in conversation, and afterwards saw them separate—the two officers went to the Yorkshire Grey, I followed and saw them in conversation with Gale and Stewart in the parlour—they all four went out together into the Gray's Inn Road—I then saw Stewart take a pocket-book from his pocket, take a piece of paper from it and hand it to Chamberlain; I was not near enough to see what it was; after some little conversation they separated, and Chamberlain then gave me the 10l. note that has been produced, I wrote my name on it—next day I went to the Sessions House—about 7 in the evening I went to the Farringdon Street Station and saw Gale there—he spoke to the two officers, and they separated—I afterwards went to the Yorkshire Grey and there saw Gale and the two officers in conversation—next morning I went to the Globe in Hatton Garden, and saw the two officers and Gale go into the public-home together, I did not see what took place, the officers afterwards gave me this 5l. note and five sovereigns—I went to the Yorkshire Grey on the Thursday when the warrant had been obtained, and saw Gale and the officers then—Gale went to Northampton Street, Islington, he knocked at a door and returned a few minutes afterwards—I went up to him and told him I was a detective officer from Bow Street, and I held a warrant for his apprehendsion under Sir Thomas Henry, and I said "I will read it to you"—he said "No, don't do that"—I said "It is for conspiracy and bribery, bribing two officers"—he said "It is quite right" and I think he said "I am very sorry, but I should not have done it if it had not been for my friends; it was the wish of my friends that it should be done, I had rather the case stood on its own merits, and I think I should have got off"—I took him to the station, and returned to Northampton Street about 11 o'clock, I saw Stewart there in the street—I asked him if his name was Stewart—he said "Yet, Thomas Stewart"—I told him I was a detective officer and had a warrant for his apprehension, under Sir Thomas Henry, for conspiracy and bribing two officers—he said "I never done anything of the kind"—I took him to the station and he was charged; the charge was read over to him by Superintendent Thomson, and he said "What I have done was at the wish of Gale that it should be done—Gale said "Its no good saying anything now, it is done."
JAMES THOMSON . I am Superintendent of the E Division of Police—on 15th August I received a report in writing from Carter and Chamberlain—I gave them certain instructions—reports were given to me by them from time to time, not quite daily—the 10l. and 5l. notes were brought to me by Sergeant Kerley—I was at the station at Bow Street on the 18th August when the prisoners were brought in under the warrant, I read the warrant to them, it charged them with conspiring to prevent the due course of law and justice, by offering to bribe the officers—Stewart said that what he did was to serve Gale—Gale said he would not bay any thing.
JOHN BOATWRIGHT . I am a clerk in the office of the Clerk of the Peace for the County of Middlesex—I produce the original indictment found by the Grand Jury at the Sessions commencing 15th August, against two persona for house-breaking, and Gale for receiving—I also produce the original depositions relating to that matter, and the recognizance of Gale who was out on bail, to meet the charge, also the recognizances of the witnesses who were bound over to prosecute, including Chamberlain and Carter.
A number of witness deposed to the good character of the prisoners.
MESSRS. RIBTON and BESLET
conducted the Prosecution; and MESSRS.
METCALFE and F. H. LEWIS the Defence.
GEORGE SHARP . I keep a shop in the Strand—I know the prisoner Arthur, and also a person calling himself the Count De Lousada—I have known the Count about eighteen months, and the prisoner about six weeks—I produce a bill of exchange, accepted by T. Arthur & Co., for 250l.
JOHN ARTHUR . I am the chief of the firm of John Arthur & Co., bankers and wine merchants, Rue de Castilion, and agents to the British Embassy in Paris—the prisoner is related to me—I have known him from his infancy, more or less—this is his signature across this bill of exchange for 250l.
GEORGE SHARP (re-examined). I received that bill of exchange from De Lousada on 21st July—I gave him 81. for it—(The bill of exchange was dated 16th July, 1870, drawn by E. De Lousada on Messrs. T. Arthur & Co., 29, Sue Taitbout, Paris, at two months, for 250l., and accepted "Thomas Arthur & Co.")—I held that bill until it came to maturity—I was compelled to—it was not met—the bill was sent to Paris and came back with no reply—when I heard the bill was not paid I wrote to the prisoner, at the Charing Cross Hotel, to come to see me, and he came to my place, a day or two after it was due, in the evening, with the Count De Lousada—I asked him what he was going to do about this bill—he said well, I must let it be a little while, and he would pay it, but that there were certain persons making inquiries about his character, and I was not to satisfy them—I have some other papers with the same signature as the acceptance to the bill—I believe them to be the same—nothing was said by Arthur at any time in reference to giving back those papers—(Read: "5th July, 1870, 29, Rue Taitbout; signed Thomas Arthur & Co., to the Count E. De Lousada. Sir, We have just received official information from the United States, from the trustees, that the sum of 8600 francs will be paid to us on your behalf, on or about the 6th August next; we write without delay, judging the communication to be agreeable to you"—(Another letter, dated 23rd July, 1870, to George sharp, London, from the prisoner, stated that the draft for 250l. would be duly honoured at the date fixed therein)—I saw the defendant and De Lousada about ten days or a fortnight afterwards, at 17, St. Swithin's Lane, the office of a Mr. Dumaa—the Count then said the best thing I could do was to give him up all the documents and run a bill for a month—that was said in the presence of Arthur—I refused to do so—I asked how it was that the bill was not paid, and they said they had not received the money then—I have not had a farthing.
Cross-examined by MR. METCALPE. Q. The bill was to become due when?
A. On 19th September—it was accepted, payable in Paris—I know that by the orders of the Prussian Government payments have been postponed until October—the Count and the defendant told me so, and from then to November—I heard that the office in Paris was shut up.
SAMUEL COX . I am hall-porter at the Cannon Street Hotel—I know the defendant, and a person calling himself the Count De Lousada—I have known them about two months—they both stayed in the hotel—I think they came there in July; I could not be certain on that point—I never knew De Lousada to stay in the hotel before—they had separate rooms—De Lousada came there first, and the prisoner three or four days after-wards—they had their meals in the coffee-room—I did lot see them there, and don't know whether they had meals together or not—I saw them together frequently from the time they came there—De Lousada left the hotel for a short time about 31st August—he either left on that date, or returned on that date, I am not sure which—he was away about a fortnight—I am not sure as to the date—I don't remember that I received any letters during his absence—I saw Arthur while De Lousada was away—he did not give me any directions as to De Lousada's letters—I had a conversation with him about Lousada—I understood from Mr. Arthur that the Count was at Lichfield, and the letters I received from Mr. Arthur were to be sent there—it may be as well to mention that Mr. Arthur was not permanently staying at the hotel at the time, he was staying in the country at a place called Sutton, and he called daily to see if there were letters for him—I was always present when Mr. Arthur came and inquired for Lousada—I am always in the hall—I could not say positively how often he came after the Count returned from the country—he was there nearly daily—I did not have any directions from Lousada with reference to Arthur—I recollect a day when a Mr. Cresswell and Mr. Mappin came to the hotel—I did not show them anywhere—I could not say that they had an interview with Lousada—I don't know whether they saw anything of Arthur whilst they were at the hotel—later in the day to which you refer Mr. Arthur came in from Sutton to join the mail-train for the Continent, and he said Mr. Cresswell was dining with the Count De Lousada—Mr. Arthur had also been there in the morning part—I did not take a message for him to the Count—I received some directions from Lousada about Arthur, and when Arthur came I announced him to the Count as a gentleman who wished to see him—I had not described him in that way before—that was in consequence of the directions I had received from Lousada—one of the gentlemen was with Lousada, who it was I can't say—I remember a rifle coming to the hotel for the Count Lousada with Mr. Cresswell's card—Arthur told me that the rifle belonged to him as well as to the Count, and I was to keep it until the Count returned from Lichfield—I could not say that I have ever seen a third person in the company of Arthur and De Lousada—I don't know a person of the name of Simpson—I have received letters from time to time for the Count—I could not positively say that I received one on 25th August, for I don't take notice of dates—what letters I received I delivered to him—I don't know where the Count is now—from a memorandum I received a few days ago I have reason to believe he is not here—I can't say that the memorandum is in his writing—I received thin piece of paper (produced) last Friday, I think—I have not seen anything of the Count—I can't say positively when I saw him last; to the best of my belief it was at the commencement of
this month—I am not positive as to the date—I may not have seen him for the last three weeks—he was in London when I saw him—I don't know where he is now—I deliver the letters that come now according to the instructions on this card.
Cross-examined. Q. You are the porter, you say? A. I am the hall-porter; in the hall down below—I don't see what happens to persons except when they come in the door—the prisoner was staying in the hotel, and had rooms there—when he first came he stayed three or four nights—he afterwards went down into the country, and he only stopped occasionally, then he lost his train—he went to Sutton—I don't know that his father lives there—I have seen a gentleman come to the hotel, but I was not aware he was the prisoner's father—he told me he lived at Sutton.
SIDNEY SPENCER . I am manager of the Cannon Street Hotel—I know a person calling himself the Count De Lousada, as a visitor at the hotel I can't say how long I have known him; several weeks—I know the prisoner only by sight—Lousada was staying at the hotel in July last—I can't say whether Arthur came to see him—I don't see every visitor that comes into the hotel; but I have every reason to believe he did come there I have seen Arthur there while Lousada was at the hotel—I have known them to be in the hotel at the same time—I should not like to swear that I had seen them together; but to the best of my belief I have seen them together several times—the Count left the hotel for a short time—he wrote to me from York—I believe it was the time of the York Meeting—his letter stated that he would return to the hotel in a week or ton days—he was absent about three weeks—I had no communication with Arthur after that—I remember a rifle being brought to the hotel—I can't say when I last saw the Count De Lousada—I should think it was in August; bat I really can't say—I am only speaking from memory.
JOHN STEPHENSON MOLE . I am a foreign railway contractor, and carry on business at 85, Gracechurch Street—I have known the prisoner about twelve months—it may be fifteen or eighteen—I knew him first in Paris as a commission agent—he had an office at 54, Rue Taitbout—he was not carrying on business as a banker, that I am aware of—I should think not—I met him casually at a refreshment place in Lombard Street, in August last—I remember having a conversation with Mr. Cresswell about him—I saw the prisoner both before and after that conversation—when I saw him the first time he said he was doing very well, and had an office at 29, Rue Taitbout, and he gave me a card with his address, and said he was doing a large business; he said he had arranged with the French government, and was contracting for them—I saw Mr. Cresswell three or four days after that, and then I saw Arthur again—he said that I had treated him very badly, and that I had ruined him from what I had said to Cresswell—he said I had stopped a transaction by which he would have made a considerable sum of money—he said it was a transaction for the purchase of some rifles, and that I had stopped the purchase—I told him that I had been asked a question, and had answered it—I met him again, I think, at Charing Cross—I said it was a very nasty business, and that I understood that Lousada had been arrested—he said he believed it was so—I said "Well, it is a very nasty business, they have subpoenaed me in the matter, and I would have nothing to do with it"—he went into a long statement about Cresswell having sold rifles; but I did not understand it, and could not repeat it—I saw him again at the Cannon Street Station; but nothing of importance
passed—I said "They tell me that the bills were sent to Paris to be accepted"—he said "Nothing of the kind, I went over to Paris and accepted them there"—he said "You told Cresswell that I had ten francs from you and I had not paid it"—that was true—when I saw Cresswell he made certain inquiries of me, and I answered him—some bills were shown to me by Cresswell, signed M. Arthur & Co."—the conversation I had with the prisoner afterwards had reference to my interview with Cresswell.
Cross-examined by MR. METCALFE. Q. He told you that he had expected to get a considerable profit on these rifles? A. He did—I do not know that the French government was mentioned—he said that he had contracts with the French government—he did not say what he bought the rifles for—no price was mentioned—the prisoner did owe me a few francs—it was the balance of some money I had lent him—he said that instead of his being put in the dock he meant to put Mr. Cresswell in the dock—I have heard that he has brought an action against Cresswell, long before these proceedings were commenced.
MR. RIBTON. Q. How long had you lent him the ten francs? A. Probably nine months; it is a balance—that is not paid—Mr. Cresswell asked me about it, and I told him.
ROBERT PACKMAN (City Detective). On 13th September, I took the Count De Lousada into custody, on a warrant, at 17, St. Swithin's Lane, it the office of Mr. Dumas, on the second floor—I afterwards took the prisoner into custody at the Cannon Street Hotel, about 8.30 in the evening—he was pointed out to me—I went up to him, and said "Mr. Thomas Arthur, I believe"—he said "That is my name, sir"—I said "I have seen a gentleman, a friend of yours, this afternoon, the Count de Louaada"—I had one of the Count's cards in my pocket, and as I did not perhaps speak the name quite familiarly, I said "This gentleman"—he took the card and said "Yes, I know the Count very well"—I said "You have lately had some business transactions with him respecting some fire-arms"—he said "I have, pray who are you, and what is your business"—I said "I am a police officer; I hold a warrant for your arrest, consider yourself in custody, charged on a warrant for conspiring and receiving different sums of money of Mr. Forrest, and one amount, I understand, is a cheque for 90l."—the prisoner then said "You have made a very great mistake, my name is not Thomas Arthur at all; Thomas Arthur is now in Paris; if you go then you will find him"—I said "What nonsense, you have acknowledged yourself to be Thomas Arthur; you say you know the Count, and have had business transactions with him respecting fire-arms very recently; you will have to accompany me to the police-station"—he then said "The Count wrote to me when I was in Paris respecting a contract for some fire-arms, but at that time I did not know but what it was a business transaction—respecting the 90l. cheque, he said "I never had one farthing of the 90l. cheque; the cheque was stopped, it was never cashed"—he was searched at the station, and 1d. in cash was found upon him, a watch and chain, I think not gold, a blank cheque on the Bank of England, four or five French bills, and a quantity of papers and memorandums in a pocket-book, which were given up to the prisoner when he was discharged, at the Mansion House—I had not time to read them.
pocket, it is a subpoena—I received another paper, which I gave to Mr. Arthur on Saturday last—it was one similar to this (a notice to produce).
CHARLES WILLIAM INMAN . I am clerk to Messrs. Wontner & Sons—this is a copy of a notice to produce—four copies were made of it—I served one upon the defendant by leaving it at the Cannon Street Hotel with the hall-porter, on Saturday last, and one on Messrs. Lewis & Lewis, on the same date—(This was a notice to produce all documents found on the defendant when apprehended, particularly an agreement between the defendant, Louada and Simpson, with reference to rifles, and a cheque for 90l. of David Forrest).
ROBERT PACKMAN (re-examined). Mr. Forrest saw the document, and it was read before the Lord Mayor—I saw some blank forms similar to this in the prisoner's pocket-book, with "Thomas Arthur" engraved as a water-mark—there was one bill of execution filled up, payable at Glyn, Mills & Co., bankers, London, and a note called a Bank of Engraving note—that and the penny was all that I found representing money.
MR. METCALFE. Q. As to that 90l. cheque, did he tell you that he never saw that cheque at all? A. He did; he did not say he never saw it; he said he never had one farthing of it—I am not quite positive whether he said "I never saw it"—he did not say that he never saw Mr. Forrest in the transaction.
DAVID FORREST . I am a merchant, of 34, Nicholas Lane—some documents were shown to me by Packman after the prisoner had been arrested—one of those documents was an agreement between Lousada, Arthur and Simpson, to sue me for a cheque for 90l. and to divide the proceedings amongst them, and that neither was to compromise the matter behind the others' back—that same document had reference to some rifle transaction, that they were to commence an action against me for damages for the non-delivery of those rifles, and that they were also to share the' proceeds of whatever they might get—I produce the two bills of exchange that were given to me—(One of these was dated 29th July, 1870, for 7,200 francs, at three month, drawn by E. De Lousada upon T. Arthur & Co., Paris, and accepted "Thomas Arthur & Co.,"the other was dated 17th August, 1870, for 46,537 francs. 50 cents, at three months, drawn by the same upon the same and accepted, "Thomas Arthur & Co., Payable at the Bank of England.)—The words 29, Rue Taitbout, have been added in red ink—the Count De Lousada handed them to Mr. Cresswell and Mr. Cresswell handed them to me—Mr. Mappin was present at that interview, but I think he had gone away by the time the bills were handed to me—it was on the 25th August, about 12 o'clock—that was the same day that the 90l. cheque was parted with; that was my cheque, upon my bankers—it was given to the Count De Lousada, and he left my office with it—it was stopped at the bank about an hour after, I sent a note to the bank—that was in consequence of something I heard from Mr. Cresswell—it was after the bills were handed over that the 90l. cheque was parted with—I should not have parted with it if the bills had not been handed over, or if I had known they were the acceptances of the prisoner; not unless I had known they were the bills of Arthur & Co., bankers, Paris.
COURT. Q. It was in consequence of something that was said to you by Lousada as to who these Arthurs were? A. Yes.
NOT GUILTY .
There was another indictment against the defendant far attempting to obtain 2000 rifles and 90l. of David Forrest by false pretences, upon which so evidence being offered, a verdict of NOT GUILTY was taken.
MESSRS. BESLEY and MONTAGU WILLIAMS
conducted the Prosecution.
NOT GUILTY .
Several witnesses deposed to the prisoner's good character since his conviction.— Twelve Months' Imprisonment.
NEW COURT.—Tuesday, October 25th, 1870.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and HOLLINGS
conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Wadeson.
SARAH ROBERTS . I am barmaid at the Boar's Head, Cannon Street—on 3rd October Johnson and Wadeson came in for two glasses, of stout and mild—Johnson tendered a bad florin—I broke it in three pieces in the tarter—he then gave me a good one; I put it on one side, and, at his request, returned him the largest piece of the other—I told Mr. Jones, junior, the landlord's son.
JOHN STEPHEN JONES . The last witness spoke to me, and I followed Johnson and Wadeson, and saw them speak to Beardmore, who went over to the other side of King William Street—the other two then crossed to the same side, and stopped at Abchurch Lane, where they all three stopped some minutes—I followed them down Lawrence Pountney Lane, and saw Johnson and Wadeson go into Mr. Bell's, 96, Cannon Street—I went into another compartment, spoke to Mr. Bell, and saw him with a bad florin in his hand—Johnson and Wadeson were present, and I could see Beardmore down the street—I afterwards pointed him out to a policeman, and he resisted—Johnson and Wadeson were also taken.
EDWARD BELL . I am the son of Alfred Henry Bell, licensed victualler, 96, Cannon Street—on this evening Johnson and Wadeson came in, about 10.35, for two glasses of stout and bitter—Jones spoke to me, and when Johnson paid the barmaid I took a bad florin from her hand, jumped over the counter, went to the door and said that they should not go out—they said they did not want to—I marked the florin, and gave it to the inspector.
Cross-examined. Q. Did not Wadesou say that he was innocent, and had no bad coin about him? A. Yes.
JAMES BUGG (City Policeman 719). On 3rd October I took Beardmore—he said "I know nothing of it,"and resisted—I handed him over to another officer, went to Mr. Bell's, and took Johnson and Wadeson—Johnson said at the station "I offered a bad two-shilling piece at the Boar's Head, and the barmaid tendered me a bad sixpence; I did not know that I
had any bad money about me"—I searched him, and found a florin, a sixpence, and 3 1/2 d., in bronze, all good—Jones gave me these two pieces of a counterfeit coin at the station—I saw it marked.
HENRY AUSTIN (City Policeman 590). I was with Bugg at the Cook and Bottle—I took Wadeson—he said that he did not leave work till 7 o'clock, and he then went to a meeting in the borough, where he fell in with the two other prisoners, and they went to have a glass of ale together—I found on him three shillings, two sixpences, and twopence, all good—he gave a correct address—Beardmore was searched by Tew, who has left the force.
Cross-examined. Q. And I believe you discovered that Wadeson has been in the same employ for three years? A. Yea.
Johnson's Defence. I travel with toys. I was induced to gamble with cards, and changed a half-sovereign. When I came out I had 9s. I met Wadeson, and went with him. I ordered some ale, paid with a florin, and was told it was bad. Beardmore afterwards came up and asked us which was Abchurch Lane. We told him, and I said "You go in, and have the florin tried."I then saw Beardmore again, and we went into a public-bouse, called for some stout and mild, and said "Try that;"but she had no sooner taken it up than her master snatched it out of her hand, and would not let us out.
Beardmore's Defence. I met these men and asked them if they could tell me where Abchurch Yard was, they told me it was down Abchurch Lane, and I went there; a policeman caught hold of me and said "You are connected with some parties who have passed bad money; I said "I know nothing of them."I have a letter to prove where I was going to, written by Mr. Fanner, who recommended me to go there.
NOT GUILTY .
811. EDGAR BREARDEN (18) , feloniously forging and uttering an order for the payment of 5l., also an order for the payment of 2l. 0s. 3d. with intent to defraud— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
814. MARY ANN GORMAN (19), ELIZA ANN GORMAN (21), and ELIZABETH BRINDLEY (30) , Stealing two gowns, two petticoats, 6 lbs. of tea and other articles, of the inhabitants of the County of Middlesex, their employers, to which
MARY ANN GORMAN PLEADED GUILTY — Twelve Months' Imprisonment.
MESSRS. POLAND and STRAIGHT
conducted the Prosecution; MR. F. H. LEWIS appeared for E. A. Gorman, and MR. COOPER, for Brindley.
arrow-root, and things of that description were served out to Brindley daily—on Friday, 30th September, Mary Ann Gorman was about to leave the Asylum—I do not know whether she was not in health—her luggage was sent down to the store-room, with a pass from the matron—I had to give another past for the luggage to go to the porter—I did so, and it was taken to the porter about 2 o'clock, on the Sunday afternoon—on the Saturday morning in consequence of information, that luggage was fetched back to the Store Yard—I sent for Mary Ann Gorman, and it was opened in a police sergeants presence—I took from the hamper, packages of sago, rice, sugar, arrow root, and split peas, wrapped in pieces of linen and calico, such as the patients' clothing is made of—there was no key to the box, the sergeant uncorded it, and we found four cotton print dresses, a pair of stays, three pocket handkerchiefs, petticoats, towels, a small looking-glass, and two parcels, one of which was a brown paper bag, such as used in the Asylum, containing 5 or 6 lbs. of tea; the other was an apron tied up, with from twelve to sixteen yards of tape and filleting, which is material used in the Asylm—it contained about 5 lbs. of tea, and 2 lbs. of soap—before opening the parcels, I spoke to her and inquired of her what she said—I sent for Brindlej, who came, and I then said "Gorman says you gave her the parcel, Mrs. Brindley," referring to the brown paper parcel—she said "I did nothing of the kind, how dare you say so?"—Gorman said that she did, and Brindley said "I had possession of the parcel to take care of for you till you went home, if that is what you mean"—Brindley said that it was given to her to take care of by Eliza Ann Gorman, who was there at the time—I said "What of this parcel," the white paper one—she said ", My sister also gave me that"—Brindley said that she bought it in London, and gave it to her siter to take home to her mother—I keep the key of the principal store, and see the whole of the provisions weighed out, and they are drawed from the slides to the stores—the tea and soap are of precisely the same character as that used in the Asylum, and the articles of clothing are marked.
Cross-examined by MR. LEWIS. Q. Had Eliza been about twelve months in the establishment? A. Yes—she had access to the stores after they were delivered out—there was no male cook, she was employed in the male's kitchen one day a week, and on the other days in the female's kitchen, under Mrs. Brindley, who had a store, of which she kept the key—four other people were employed in that kitchen.
Cross-examined by MR. COOPER. Q. How many had Brindley to cook for every day? A. About 1200, she has been there about eighteen months, everybody must have a good character before they get in there, unless they are mad—the tea is given out to the kitchen maid—it is worth about 2l. per Ib.—you can get the tea out of the Asyluih as well as in.
ANDREW MCINTYRE (Police Sergeant). On Saturday, 1st October, I saw this hamper and box examined—a brown paper parcel was taken out when Brindley came—I have heard Mr. Clark examined, his statement is correct—I heard E. A. Gorman say that she bought the tea and soap in London to send to her mother—there were twelve or fourteen yards of tape round the parcel when she said that—this is the County Lunatic Asylum.
Cross-examined by MR. LEWIS. Would that paper bag hold a great deal more than 6 lbs. of tea? A. Yes.
E. A. GORMAN and BRINDLEY received good characters.
NOT GUILTY .
conducted the Prosecution.
ELISHA PETTITT (City Policeman 481). On this morning in October I took the prisoner in one of the railway arches, Water Lane, Blackfriars, for being on enclosed premises—on the way to the station he took these five pieces of brass fittings from his pocket and tried to throw them away—he said "I took them from where I was found"—he gave a correct address.
JOHN FREEMAN (City Policeman 473.) I was present when the prisoner was taken—I went into the arch, you could get from there through where the glass of a door should be into the engine-room—close by the door I found tome pieces of brass fittings on the ground and a portion of an hydraulic engine.
JOHN PRICE . I keep a beer-house opposite these arches in Water Lane, and have charge of them—these pieces of brass are part of an hydraulic engine belonging to the London, Chatham, and Dover Railway Company—I went to feed some fowls that morning and found the prisoner and another boy in the arch—I caught hold of him, he struggled and tried to slip out of his coat—the other ran away—the damage done to the engine is at least 10l.
GUILTY — Eighteen Months Imprisonment.
OLD COURT.—Wednesday, October 26th, 1870.
Before Mr. Justice Lush.
816. JONAS WOOLFF (26), PLEADED GUILTY to unlawfully conspiring with others to forge and utter an order for the delivery of four tons of rags— Strongly recommended to mercy by the prosecutor. To enter into recognizances to appear for judgment if called upon.
conducted the Prosecution.
FRANCIS THAKE . I live at 13, Rich Street, Limehouse—last Thursday night week I was passing the Lord Hood public-house, and saw Mr. Hobson, the landlord, shoving Driscol out—he pushed him down—he got up again, and went up the steps for his cap, and as he went up, the prisoner, with his two open hands, pushed him down, and he went on his back—he fell on the back of his head—I screamed, and ran for Driscol's wife.
JURY. Q. Was Driscol on the steps when the prisoner pushed him down? A. Yes, on the second step—there are four steps—they are very steep.
JOHN SHERMAN (Policeman K 285). I was called to the Lord Hood about 11.30, and found the deceased lying on his back on the pavement, just outside the house—there was a little blood running from his head—I assisted in taking him into his house—when I came back I saw the prisoner putting up the shutters—he said I ought to have been there a little before, that he had had a bother with a man who had caught hold of the hair of bis head, and punched him three times—I afterwards Cook him into custody—he was potman at the Lord Hood—Driscol was then dead—he was about thirty-five years of age—he was in liquor; he smelt very strongly of liquor.
ANN SAUNDERS . I am a widow, of 7, Rich Street, Limehouse—on Thursday night, 13th October, I was on my door-step, next door to the Lord Hood—I saw the deceased put out twice, once by the landlord, and again by the
landlord and the prisoner—the deceased fell each time, and he got up, and went into the house again—I then went in doors, and when I came out again he was lying on the stones—he could not have been sober, to fall as he did.
ROBERT NIGHTINGALE . I am a surgeon, of 4, Commercial Terrace, Lime-house—I was called to the deceased at 2 o'clock in the morning of 14th October—I found him dead—death was caused by a fractured skull—it was an unusually thick skull—it would require great violence—he must have fallen heavily.
The Prisoner's statement before the Magistrate: "I never even touched the man. He staggered and fell. I thought I was compelled to act under my master's instructions, and for the protection of his property, by keeping the unfortunate man out."
NOT GUILTY .
818. EDWARD GEORGE (28), JEREMIAH SHANNON (24), FREDERICK KINGWELL (25), and JOSHUA MCCARTHY (22) , Feloniously wounding James Fairweather, with intent to kill and murder him. Second Count—With intent to do grievous bodily harm.
MR. F. H. LEWIS
conducted the Prosecution; MR. MONTAGU WILLIAM appeared for George, MR. STRAIGHT for Shannon, MESSRS. COLLINS and WARNER SLEIGH for Kingwell, and MR. HORACE BROWN for McCarthy.
JAMES FAIR WEATHER . I am a coachman—on 1st September last, I was a witness at Marlborough Street against the father of the prisoner George—the next day, at midday, I was passing down St. Martin's Lane, and met the prisoner George—I had some conversation with him as to what his passed on the previous day; it was a friendly conversation—I afterward went with him into a public-house, and tossed for tome beer—after that McCarthy and another man named Finch came in—they talked with George—they wanted to set a man named Brown on to me, for me to fight him—they wanted me and Brown to fight together—Brown was there—tab was sent for, and I got into it with George, McCarthy, and Finch—I did not know there was a second cab—we drove to Millfield Lane, Highsate—I then saw that another cab had been following us—I got out of the cab with George and the other two—I believe George paid for the cab—I saw persons get out of the other cab—George and the other two men led me into the field, arm-in-arm—they all came into the field—I was tripped up instantly I got into the field, in a second, by the two men and Georgethe two men did it, and as soon as I was down George kicked me in the head, and they all got knocking me about fearfully—then George stepped away, and said "Finish the sod, and throw the b—into the water"—then the man Brown came up with a great lump of dry earth, as I lay on the ground, and throwed it on the side of my face—Brown was one of the other that was in the other cab—I could not swear whether any of the other prisoners struck or kicked me—I can't swear to Shannon—I lost my senser, and do not recollect anything till I got to the police-station—I was persuaded to go in the cab—George said he was going out to be a little jolly—he said "Let us go out, and have a cup of tea somewhere in the country"—it was not for the purpose of fighting Brown; they wanted me to fight him, and I would not.
Cross-examined by MR. M. WILLIAMS. Q. What are you by trade? A. A coachman to Dr. Bell, of Wardour Street—unfortunately I have lost my place since this has happened—I don't know anything of Dr. Bell's businces,
only aa a coachman—I had not to post placards in urinals and places for him—I have been a witness; I was a witness in George's case—that was the only time—I know Mr. Raj, who is called Dr. Henry—I was never in his service—I know nothing about him—I believe he is a private gentleman—I don't know of his being tried at this Court for extorting money—I have been two or three years in Dr. Bell's employment—I did not say to George when I met him on this day "We have had your father, you b—, and now we will have you;" nothing of the sort—I was quite sober—Brown came into the public-house where George was—I did not say to George before I saw Brown "When you see Brown you can tell him that I will do for him"—I don't remember exactly what passed when Brown came in—I how they wanted to set Brown on to fight me in the public-house—I did not agree to fight—I put up my arms because Brown was coining at me—I did not spar—I did not challenge Brown to fight—I did not want to fight—I should think it was About an hour after that we got into the cab—I remained in the public-house during that hour; they were drinking—I was drinking scarcely anything myself—I had a glass of stout, I might have had two glasses—I don't know that I had more—I don't know what I had—I was in the public-house an hour before they set Brown on to me—I went in the cab with George, McCarthy, and Finch—I don't know Finch—it was a four-wheeled cab—I don't know who went in the other cab; I believe kingwell, Shannon, and two or three more that I have not seen; Brown was one—ours was the first cab, I think—we started to go into the country, I did not know where—George took me—they did not mention any part of the country—I did not go to fight; I did not know what we were going for, only to be jolly—George was to pay for the cab, I believe; he said so—he very strongly invited me out with him—I believe we drove right away to Highgate—I don't remember stopping anywhere on the road—I don't remember going into any public-house in Tottenham Court Road—I did not see the other cab following me—nothing was said as we went along in the cab, only laughing and jolly—I did not know exactly what place I was going to—I did not hear any direction given to the cabman—I did not know what we were going for—it was at the Prince Albert public-house that I first met George; I went into another public-house, nearly opposite; I don't know the name of it—I have since heard it was the Fishmonger's Aram—George and Kingwell and all of them followed me'in there—I remained there I should think half-an-hour—we had no words there, only they wanted to put Brown on to me there—George and I left there together, and got into the cab—we went there after leaving the Prince Albert—we went straight from the Fishmonger's Arms, in the cab—I had been in the Prince Albert before—nothing was said between us there—we were all on friendly terms there—there was nothing disagreeable there—the beginning of it was in the Fishmonger's Arms, when they wanted to put Brown on to me—George wanted me to fight Brown, I refused—I don't remember wanting to fight Brown, and Brown saying he did not want to get into any row—I did not strike Brown in the mouth—I did not say "Let me alone, I will kill him;"nothing of the kind—I did not say I must have it out with Brown, and I would have a cab called I don't remember stopping in Tottenham Court Road—I remember what took place when I was examined as a witness at Marlborough Street against George's father—I did not ask the prisoner to lend me some money to pay for the cab—I did not stop, and call for a quartern of
gin to rub my knuckles, to make them hard—I don't remember anything of the kind—when the cab stopped I did nut ask what we were going into the field for—I had not the slightest idea—I was led into the field.
Cross-examined by MR. COLLINS. Q. What age are you? A. About thirty-four or thirty-five—I do not remember Kingwell making use of any threats, or striking me at all.
Cross-examined by MR. H. BROWN. Q. Did you not say before the Magistrate" I can't say who struck me?" A. I beg your pardon, I have sworn to George kicking me on the head, and McCarthy knocking me about—I might say I was so knocked about that I did not recollect who did strike me or knock me about.
MR. LEWIS. Q. Have you suffered very severely in your head since this transaction? A. I have, and I am suffering now fearfully in my shoulder, and have a bad hand—I don't suppose I shall ever be the same man again—I am sure I have my witness to thank for my life.
EUGENE AMBLER DELANCY . I reside at 10, Norfolk Square, Hyde Park—I am employed in the General Post Office—on 2nd September, about 5.53, I was in a field near the Seven Ponds, Highgate, on the Hampstead Heath side—I saw several persons on the opposite side of the pond—they got out of two cabe—I distinctly saw them get out—I should may there were eight or nine of them—the ground slopes there—they came about half way down the slope, and there seemed to be a general attack upon Fairweather—I saw him knocked down several times—I saw Kingwell strike him with a whip or stick on the head—he was kicked whilst on the ground—I recognize McCarthy as one who kicked him—he was kicked by several; but I can't identify them all—I was approaching them all the while—there is a path-way between the ponds—I saw the prosecutor being dragged towards the pond by two men—I can't recognize than among the prisoners—I had two ladies with me, and I could not render any real assistance—I should say they could see me coming towards them—whilst he was lying on the ground, by the side of the pond, they flung clay in his face, and then left him—I was side or seven yards from him at that time—I could hear the thuds—I saw the beginning of it—I should say there is no pretence for saying that the prosecutor was fighting with any-body—there seemed to be a general attack upon him.
Cross-examined by MR. M. WILLIAMS. Q. Did you see the cabs? A. I did, in the lane—I saw them drive up one behind the other, the men got out and got over the stile into the field—they had got a very little distance from the stile before this took place, it was close to the stile where they began, but they kept on gradually getting nearer the ponds—I was advancing all the while—I was not near enough to hear what was said—I should recognize the man that flung clay in the prosecutor's face, but he is not here.
COURT. Q. Do you recognize all the prisoners as being there? A. No, only Kingwell and McCarthy—I decline to swear to the others.
Cross-examined by MR. COLLINS. Q. How far were you away when they first came into the field? A. I might have been 100 yards from the lane—when the blow was struck with the stick I might have been thirty or forty yards off.
Cross-examined by MR. H. BROWN. Q. Who do you say was the principal? A. I do not recognize him amongst the prisoners—I can't swear to him—I did not shout out till I got clone enough to see the state the prosecutor was in
JURY. Q. Did you see them leave the man? A. Yes, two of them stayed longer than the others, I don't recognize those two.
FREDERICK WATERHOUSE . I am a painter—on the 2nd September I was in Millfield Lane, Highgate—I saw two cabs drive up, and nine or ten persons get out of them—I recognize the prisoners as four of them—they all got over a stile, and McCarthy his the prosecutor and knocked him down, and a man they call Brown ran up and kicked him in the head—they then picked him up and took him over another stile into another field towards the pond; they threw him down there, and then they hit and kicked him—I could not tell exactly which ones did it, but most all of them did, by what I could see of it—while the prosecutor was on the ground he rolled over on his back, and then two men jumped on him—they then came away from him and he was left by the pond—the men got into the cabs and went away—Kingwell, Shannon, and another were left behind—I could not tell whether Shannon did anything; he did nothing before they got down to the pond; when they got there most all of them hit him—I did not see Shannon do anything—I don't indentify the two that jumped on him, I don't think they are here.
Cross-examined by MR. COLLINS. Q. It was a skirmish, was it not? A. Yes—I mean there was a lot of them all round; the prosecutor was not fighting—the stile is about ten yards from where he was first struck—when the first blow was struck Kingwell was getting over the stile from the lane.
Cross-examined by MR. H. BROWN. Q. Did you see Brown strike the prosecutort? A. He kicked him when he was down—I saw McCarthy pull Brown away when he did that—the three who were left behind followed after the others, behind the cabs, they did no more to him afterwards—they left him on the ground.
JURY. Q. Did you see Kingwell strike him? A. Yes, when he was down by the pond, with his fist.
WILLIAM GALLOWAY . On the evening of 2nd September I was near the Highgate Ponds—I saw seven or eight men come down from the lane towards the ponds—I was at first about 200 yards off—I walked towards them; I thought at first they were larking—I saw one hit the other in the mouth and knock him down, and then a skirmish began—they beat him and pulled him down towards the pond—they kicked him—and one hit him with a riding whip—I was not near enough to indentify any of the men—I went for a policeman—I afterwards saw Fairweather—I could not find a policeman, and came back and met him at the corner of Millfield Lane, coming away, someone had got him by the arm—he was all over blood—he was bleeding from the mouth and all over the face, and smothered in blood—I believe they kicked him in the eye—he was the man I saw struck—I took him to a public-house.
Cross-examined by MR. COLLINS. Q. Did you ask Kingwell to give you the number of the cab? A. No, nor did be give it me; I did not take the number.
JURY. Q. Did the prosecutor appear to be drunk or sober? A. I don't think he was drunk, he was in such a state, from being knocked about, you could hardly tell whether he was drunk or sober.
WILLIAM HENRY HARRIS . I am a surgeon—on the 3rd September I was called to see the prosecutor at his own residence—I found him in a very exhausted and low state, and I may say mutilated—he had been previously seen by a medical man, and had his wounds dressed—he could not put out
his tongue—there were two or three contused lacerated wounds on hishead, I should imagine they had been caused by a stick or whip handle, which had struck him first on the forehead and then on the temple above the ear, some matter was coming from the wound on the forehead—he could not open his eyes at all—his arm was bruised, his upper lip cut and contused—he had suffered from concussion of the brain—he was scarcely conscious—I have attended him ever since—his memory is impaired, and it will be for some little time before he recovers it—he was in a very dangerous state when I first saw him, I thought he would not live more than twenty-four hours; his deposition was taken by my advice—he was in great pain, and occasionally delirious.
Cross-examined by MR. M. WILLIAMS. Q. In your opinion if his memory was impaired at all, would it not be impaired on all matters, and not in any particular? A. There are some lucid moments in such cases—he might give some evidence and forget it—I should not think it likely that he would forget whether he went out to fight or not, or whether he stopped at a public-house and rubbed his knuckles with gin.
Cross-examined by MR. H. BROWN. Q. Do you think that the dull listless way in which he gave his evidence to-day is due to his memory being impaired? A. Yes.
MR. LEWIS. Q. Where the memory is impaired are sometimes whole sets of facts blotted out? A. Yes, regularly blotted out.
WILLIAM RAWLINGS . I am a surgeon, of 41, Highgate Road—I was called to the station to see the prosecutor, about 7 o'clock in the evening of the 2nd September—he was fearfully cut and bruised about the face and body generally, there was one on the head in front, several on his face, one of his eyes was closed, his lip was cut through, his chin cut, and his arm bruised; they were contused wounds.
MORRIS WHITE . I am a cab driver—on the 2nd September I was hired by Kingwell to go up to the Highgate Ponds, three or four got into my cab—I was first ordered to go to Tottenham Court Road, and another cab was called—I followed the other cab, we stopped at the Bull's Head in Tottenham Court Road, and then went on to Highgate—I carried Kingwell in my cab—I recognize the other prisoners as having been either in my cab or the other—they got out and went over a hill, and I lost sight of them—some of them afterwards came back and some stopped behind—they told me to stop for them when they got there—George paid for the cab—I did not sea who paid the other cabman—as we went back we pulled up at the King's Head at the corner of Tottenham Court Road, and from there drove to the Prince Albert—George paid me 3s.—I don't know what became of the other cab—both cabs came back, I followed the other cab to the Prince Albert—the other prisoners came back in it—George was not in my cab going or returning, but he paid me.
Cross-examined by MR. M. WILLIAMS. Q. You say you stopped at the Bull's Head in going, did the prisoners go in there? A. Yes, some, and some stopped in the cab, they were in there two or three minutes—the prosecutor was not in my cab—the other cabman is not here, I believe—I followed the other cab all the way—I did not notice exactly who was inside my cab, Kingwell was outside with me—I can't remember anyone else, for I did not get off my box—they opened the door and shut it themselves.
Cross-examined by MR. STRAIGHT. Q. Do you know whether Shannon was in your cab? A. No, I don't remember—I noticed him with an Alpine
hat and a feather in it; I don't remember that he was very sick—I and the other cabman were standing be our horses' heads talking while this was going on—I don't believe Shannon rode back with me to Tottenham Court Road—I saw him at the King's Head after they came back, that is close upon three miles from Millfield Lane.
Cross-examined by MR. COLLINS. Q. How was Kingwell dressed? A. I believe in a light coat—I did not notice his hat—he sat outside my cab, going—he did not return with me—I did not see anybody remain behind when the men went into the field.
JOHN DALTON . I am a detective—I took George into custody—I took him to the prosecutor's house, and showed him to him in the presence of others—he identified him as being the principal man in the assault, and said "This is the man that said 'Do for the b—, and throw him into the pond'"—he made no answer—on the 5th I took Shannon into custody—he said he was there, but never got out of the cab all the time—I took Kingwell; he said he knew nothing about it—McCarthy was taken in my presence; he said he knew nothing about it.
MORRIS WHITE (re-examined.) No person was left in my cab—the cabs remained in the lane five or six minutes before they came back—I could not see whether anyone remained in the other cab—I did not go near it—I was standing by my horse's head, and the other cabman came towards me, and we were talking together—I am sure no one remained in my cab.
Witnesset for the Defence.
DANIEL CONNOR . I get my living by taking horses away for gentlemen to different parts, an odd man—I went with the prisoner Kingwell in the cab to the Fishmonger's Arms, in West Street—I there saw the prosecutor, the four prisoners, Brown, and a man named Finch, drinking together, and tossing for some stout—Brown and the prosecutor had a quarrel—the prosecutor struck Brown, and knocked him down—they proposed to go and fight in the fields—two cabs were fetched—Kingwell rode outside, and four of each party rode inside—I can't say which was in which cab—there were eight or nine altogether; I was one of them—I did not go in the same cab as Kingwell—the prosecutor was in the behind cab, not the one I was in; the other one, the one Kingwell rode on—when Brown was knocked down by the prosecutor, Kingwell took no part in it; he did not do anything—both cabs stopped in Tottenham Court Road—I saw the prosecutor in the public-house there, and he rubbed his knuckles with gin and water—I don't know for what purpose—we then went on to Highgate, and stopped up a lane there—they all got out of the cabs—I got off the cab—they went into the field—I was at the gate—I was standing against the stile of the gate, talking to the cabman—I was in the field—we all went into the field—Finch knocked the prosecutor down first, and they all attacked him—I could not see which was striking him—they rolled him over—I thought they were only larking—I did not see Fairweather touch him—I can't say whether he did or not—I was talking to the cabman, and to a lady who was there—Kingwell came hack to me, I should think in five or six minutes afterwards, from where the others were, and three of us came home on the bus—he paid for me—there was Kingwell, me, and another young man, a perfect stranger to me—the cabs went away—when Kingwell came back to me he said "Come home; I thought I should see a fair stand up fight," and we left immediately—that was after it happened, after I saw the prosecutor
rolled over—there was no room for me in the cab—they galloped away—I said I would not go, and Kingwell said the same.
Cross-examined by MR. LEWIS. Q. How came you at this public-house that day? A. I was sent for a horse from Aldridge's, in St. Martin's Lane—I have been employed there—I was employed that day by Kingwell, to fetch a horse from Euston Square, and I and Kingwell went down in the cab—I knew all these men by sight—I can't say which cab Shannon rode in—I was over the stile, talking to a lady there—every one of the others went into the field—I can't say which went last—I did not see in which cab Brown was—I did not know Brown—I went with Kingwell to get my pay for what I had done—Kingwell told me to come—he said "Come up, and see this 'ere"—he enticed me there—I did not lose sight of Kingwell—I did not keep him in light in the field the whole time—I saw Finch knock the prosecutor down—they held him at the back of the hedge, and I said to the cabman "This is not fair play"—I was not at the Police Court—Mr. Kingwell served me with a subpœna yesterday morning.
THOMAS JACKSON . I live at 38, Charles Street, Clare Market—about 2 o'clock on Friday, 2nd September, I was passing by the Prince Albert, and saw the prosecutor there, whom I knew, and a man named Brown, out-side, having high words with one another—Jim Brown said that Fair-weather owed him 4s. 6d.—I said "Well, you had better settle it, and pay"—Fairweather said "No, I will fight him for it; we will go to High-gate, and have it settled"—I said "I shall have nothing to do with it," and I went away to my work—Fairweather said he was going to Highgate to fight Jim Brown—I saw Brown afterwards, in the evening, in Castle Street, Leicester Square, and he had a cut on his lip, and a cut on his forehead; his coat was torn very nearly off his back—I had a conversation with him about his appearance—he had no hat or handkerchief.
Cross-examined by MR. LEWIS. Q. What time was this? A. Between 6 and 7 o'clock—I have not seen Brown here to-day—I don't know where he lives—I know him as a plasterer—I have not seen him since.
JAMES ALEXANDER POULDEN . I am a fishing-tackle maker, of Castle Street, Leicester Square—on Friday, 2nd September, about 1 o'clock in the afternoon, I saw Fairweather standing at a lamp-post opposite my shop, talking to Brown—they were larking together, and then Brown asked Fairweather for 4s. 6d., and Fairweather said he would fight him for it, and they went up the street.
Cross-examined by MR. LEWIS. Q. Have you seen Brown since? A. No—I don't know where he lives.
LEVI GEORGE BARTER . I keep the Bull's Head, Tottenham Court Road—on 2nd September, about 5 or 6 o'clock in the evening, two cabs drove up to my house, and someone came in—I could not tell the number—they had some beer; two quarts, I believe—the prosecutor was one of the men—I don't recollect that he asked for anything—I believe there was two of gin called for, and taken out to the cab outside—one of them asked me for a lemon—I don't know which, I was rather busy at the time—I could net swear it was the prosecutor—I refused giving: them the lemon, becausa I had not one—I heard them talking together—I could not hear distinctly what they said.
THOMAS OUSTIC . I am a plumber and glazier, of Panton Street, Hay-market—I was passing down Millfield Lane, on my way from Highgate, and saw a party of people in the field—I thought they were larking—I saw
George and Kingwell standing looking on at the others—they were a few yards off—they were pushing one another about—as far as I saw, George took no part in the proceeding.
Cross-examined by MR. LEWIS. Q. I don't understand exactly what you first saw? A. I saw seven or eight persons in the field—I saw a cab—I did not see the persons walk over into the field—they were in the field when I first saw them—I came away, thinking it was a lark—I only noticed one cab, I did not notice anyone in it.
GEORGE PARR . On 2nd September I was at the Fishmonger's Arms, in West Street—the prisoners and prosecutor were there—they only came in and had something to drink, and had a little conversation together, which I took no notice of—they were all drinking together, and quite friendly.
WILLIAM GREAVES . I assist my father, who keeps the Fishmonger's Arms—I saw the prisoners and prosecutor there on this day, drinking together—they were not drunk—I saw McCarthy and another one not in custody knock the prosecutor down, and they set on him—I thought they were larking—they had something to drink afterwards.
Cross-examined by MR. COLLINS. Q. When the prosecutor was knocked down, did you see Kingwell interfere? A. I did not—there was some quarrelling going on; but I did not pay particular attention to it—I heard nothing about fighting.
SHANNON, GEORGE and KINGWELL received good characters.
GUILTY on Second Count. GEORGE and McCARTHY**— Five Years' Penal Servitude. SHANNON and KINGWELL— Eighteen Months Imprisonment.
conducted the Prosecution; and MR. BRINDLEY the Defence.
NOT GUILTY .
There was another indictment against the prisoner for a rape on the same child, upon which no evidence was offered.
NEW COURT.—Wednesday, October 26th, 1870.
Before Mr. Justice Hannen.
conducted the Prosecution; and MR. COLLINS
WILLIAM CLINCH . I live at 3, Kepple Mews, North, and assist my father, a livery stable-keeper—the prisoner was in his service, and has been so, I believe, nearly two years—there has been an intimacy between her and me on two occasions—on 3rd August I went to bed about 12 o'clock, and after I had been asleep, the prisoner came and said "Let me get into bed," or words like that—I told her no I did not wish to have anything to do with her, and told her to go away—I had not had intimacy with her for twelve months, not since the end of September, or the beginning of October, last year—she asked me if I had seen a girl at Margate, but I gave her no satisfactory answer—I told her to go away, and went to sleep—I left no light in the room, but I always draw the blind up and there is a gaslight outside—I awoke about 6 o'clock in the morning, and found myself very
weak, and saturated with blood, and my head was wounded in several places—the bed was covered with blood—the prisoner was in the room, and I said "What have you done"—I forget what she said; I told her to go and call my sister—she said "Don't call your sister, let me go down stairs and open the door and say some one has come out of the street and done it"—I said "No" and she went up to her own room—I got out of bed and rang the bell till my sister came—a doctor was fetched and I was under his care about a month—my bands were also injured, I could not use this one for several weeks, and one arm was much bruised—I am now going to be married—the prisoner said to me about three months previous to this "You shall have no other girl but me, I would do for you first, I would not mind being hanged"—I went to live at my father's house last September twelve months—I have seen this hatchet before, it was kept in the kitchen—I saw nothing in the prisoner's hand when I awoke—there was a large wound on my head, which I think must have been struck several times; a cut here and there on my forehead, and my eye-brow was laid pen—I have the scars now—she was partially dressed, she had a dark coloured skirt on, and I do not know whether she had her night dress or not—I had said nothing to her about coming to my room that night, I had scarcely seen her for three weeks—I cannot tell how long before I became conscious the attack was made, but the blood had partially stopped.
Cross-examined. Q. What age are you? A. Twenty-nine—I did not seduce the prisoner, she came to me—that was at the end of September last year, it was a mutual arrangement—she came to my bed for me to seduce her; I had told her that she might come if she liked, and she came—that was the first time—I had taken liberties before and she did not resent them, that began a few days after I went to live at my father's—she ran up stairs and I knocked at her door and asked her to let me in, and she refused—I do not know whether it was locked, but I would not open it—I do not know whether I had seduced her before that, but it was most likely before—I was in the habit of going into the kitchen when she was alone, and taking liberties with her—she did not constantly refuse me—she only ran away that once—I was not constantly trying to seduce her, but I was playing and larking with her—I did not promise her marriage—I was only intimate with her twice—I do not know the dates, the first time was when I allowed her to come into my room—I had told her some months before the wounding that I would have nothing to do with her, and I may have repeated it—a young lady visited me and the family—I did not tell the prisoner that I was going to marry that young lady, nor did she intreat me not to do so as I had promised her marriage—I never promised her—when I told her to go out of my room I do not suppose it was in a very agreeable tone—my father and my two sisters lived in the house—the prisoner was the only servant.
MR. M. WILLIAMS. Q. Has she at any time asked you if you would provide for her if you were married? A. No, but six months ago she was talking about getting married, and I said that anything I could do to assist her in forming a home I would do.
ANN CLINCH . I am the prosecutor's sister—I live at 3, Kepple Mews—on the morning of 4th August, I was awoke by the ringing of the bell in my brother's bed-room, but I thought it was the front-door bell—the prisoner, who slept in the next room to me on the second-floor, called to me "Some one is ringing the bell, Misa" (my brother slept on the first-floor)—I went down to my brother's room, intending to answer from his window; I asked
him if he heard the bell, he said "I rang it"—his voice was scarcely audible, he was too weak to speak—he said that his head was cut open—I saw something black on the bed, I drew up the blind, which the prisoner must have drawn down, and then saw that the bed was covered with blood, and that there was a wound on my brother's head and hand—I had no light—I called or father and my sister; and some time after, as I was going up stairs, I met the prisoner, who appeared to be dressed and washed in the ordinary way; her hair did not look as if she had been in bed—I said "Mary, what do you think of yourself now?"—that was in consequence of something my brother told me—she said "I could kill myself"—I found this hatchet in a cellar in the kitchen, it had a great deal of blood on the flat part of it, and a few hairs—my brother slept on an iron bedstead—there was a great quantity of spote of blood on the paper of the room, and blood in all directions.
Cross-examined. Q. Did the prisoner come into your service from the country? A. No, but she had been in the country for a fortnight's holiday—we took her from Mr. Buckland, of Bedford Place, two years ago—my brother came to live at home in September, 1869.
EMILY CLINCH . I slept on the same floor as my sister—she awoke me, sad I went down to my brother's room, and found him with several large gashes in his head, and his shirt and the whole of the bed clothes at the top, as if they had been dipped in blood—my father called to the prisoner—she said "Yes, sir"—he said "Get up and drees yourself"—a short time afterwords my father and I went up to the prisoner's room—she had her night dress on, and appeared as if she had just got out of bed—I said "You hussey"—she said "I could not help it"—I said "What could not you help; what have you done?"—she said "I don't know"—I said "What have you done down stairs?"—she said "I don't know"—I said "Why did you go down stairs"—she said "Because I could not help it; I could not stop up here, I felt I must go down, I was obliged to go"—I left her to dress herself—I saw her afterwards, down stairs, and said "You have been trying to cut my brother's throat"—she said "I did not, I did it with the marking iron; I only struck him twice"—I said "Only to think we should have a murderess in the house; you have used something that has cut him, something sharp"—it was then that she said something about the marking iron—this is the marking iron (produced)—it is used to brand brushes—I asked her where the marking iron was—she said "In its place"—I said "Did you clean it I"—she said that she did not suppose it was dirty—after the doctor had been I said to the prisoner "You very nearly killed him, he was nearly dead"—she made no reply—I said "I suppose you have heard what the doctor has said"—she said "I have seen him"—there was no blood on the marking iron, it was as it is now.
Cross-examined. Q. Did you find the marking-iron? A. Yes, I showed it to the doctor—I do not know whether I took it down.
JAMES O'BRIEN (Policeman E 95). I was called to Mr. Clinch's, about 9 o'clock, and took the prisoner—I told her the charge, and asked her if she did it—she said that she did—I asked her why she did so; she said because she was too fond of him, and it was all through love—I received this hatchet from Ann Clinch—it had blood and hair on it—I also received this Branding iron, which was clean as it is now.
Cross-examined. Q. Is there any hair on the hatchet now? A. No; it to got rubbed off.
MR. M. WILLIAMS. Q. Is there still blood on the blade? A. Yes, and on the handle as well.
The Prisoner's statement before the Magistrate: "He knows I liked him, I've told him times out of number. He knows he disgraced me, and that I loved him, and could have given anything, or done anything for him. The morning I did it, I said "What shall I do to myself?" He crossed my hands and said "Don't do anything to yourself, I forgive you," and I washed his face. He fell down with his head against the wall. He knows he would never let me rest till he seduced me. I hope he will speak the truth and forgive me for what I have done, for he knows I should never have done it if it had not been for him. Whenever he has seen me lately I have been crying."
The prisoner received a good character— GUILTY on the Second Count. Strongly recommended to mercy by the Jury, on account of the great provocation given by the prosecutor. — Eighteen Months' Imprisonment.
MESSRS. GRIFFITHS and HUMPHREYS
conducted the Prosecution; and
MESSRS. STRAIGHT and ST. AUBYN the Defence.
ROBERT SMITH (Policeman K R 47). I was on duty at King David lane Station, when the prisoner was brought in and charged—I took him to the bedside of the deceased, on the 27th October, at 12 p.m., and she made a statement before him and me—(MR. STRAIGHT objected to the admission of this statement as it ought to have been taken in the presence of Magistrate, and with all the solemnity and form of the law. MR. GRIFFITHS contended that it being made in the prisoner's presence, it became evidence. THE COURT considered that the statement was admissible)—The deceased said "At about 4 p.m., on the 20th instant, I was in my front room, when the prisoner Dennis Collins came in and caught hold of me in an indecent manner, by placing his hand on my person, outside my clothes. I then remonstrated with him and pushed him out of the room. He then caught hold of me by the throat and tried to choke me with both hands. I told hia if he did not leave go of me I would call out, but I did not call out No other person was in the house at the time. He then let me go, and I no out into the back-yard, and he ran up stairs. I did not tell my husband till last night, at about 11.30. I am very ill from the violence I received from the hands of the prisoner"—the prisoner said "We shall fight this out in another place"—I took that statement down in the prisoner's presence, and it was signed before him.
Cross-examined by MR. STRAIGHT. Q. Did you know the deceased? A. I had seen her about the neighbourhood—I do not know that she was of intemperate habits.
ANN PRINDERGAST . I am the wife of Thomas Prendergast, of 2, King Street—the deceased lived at No. 3—on 20th September, I went into my back yard to hang up some clothes, and saw the deceased come into her own yard with her hand up to the side of her face, and she rubbed her neck—she made no complaint to me.
Cross-examined by MR. STRAIGHT. Q. You noticed nothing particular About her? A. No, neither in her face or her clothing—this was on a Tuesday—I did not see her again till the Thursday—I saw in her the
street on Friday—I was not acquainted with her—she was in the habit of getting drunk.
ANN CUMMINOS . I am the wife of James Cummings, of 10, James Place—I went to see the deceased on the Thursday, and found her very ill in bed—she complained to me, and I noticed that the right side of her throat was very much swollen, and the inflammation was very great—the left side was not so great—I noticed a bruise on the side of her neck—the prisoner's mother had a room in the deceased's house, and on 26th September, when he came into the yard to wash himself, he was very angry, and said that the b—y old cow wanted something, and he would serve the b—y lot round her as he had served her—I saw her up to the time of her death—she said that she hoped to be received in heaven, and—Q. Before she made any statement to you, was she in a dying state? A. Well, I do not consider that she was.
Cross-examined by MR. STRAIGHT. Q. Were you upon intimate terms with her? A. For years—she was a very sober, temperate woman—I do not think I ever saw her so drunk that she could not take care of herself—she was nut a spirit drinker.
HARRIETT FOULTER . I live at 8, King Street, St. George's—I knew the deceaied Mary Swanson—on Tuesday, 20th September, about 5.50 in the evening, she came to my house with her head cut, and sat on my chair—I did not notice her throat that night, as she had her apron up—I next saw her at 12.45 next day, in bed in her house, very ill indeed—her throat was my much swelled, particularly the right side, and I put on a mustard plaster for her—I saw her again about half an hour afterwards, and took the mustard off.
Cross-examined. Q. Was she an intemperate woman? A. Not that I how of—I never saw her the worse for liquor.
MR. STRAIGHT to ANN CUMMINGS. Q. Have you ever, before to day, said that the prisoner said he would serve the b—lot round her as he had served her? A. No, I was not let tell all before the Magistrate—I have not threatened to do the prisoner an injury, but I told his mother of him.
EDMUND WOOD , M.R.C.S/. I was called to the deceased on 22nd December, and found her suffering from swelling of the neck—there was a very large blister on her chin, extending on to her neck—it was 3 in. long, and there were several smaller ones round it—she was very much depressed and ill, and said that there had been some foul play—I made a post-mortem examination—her death arose from erysipelas on a bad constitution—I was led to suppose that mustard had been put on her neck which set up so much irritation that it tended to produce the erysipelas—if there were marks of violence on her throat they were obliterated by the blisters—I was of the same opinion when I gave evidence before the Coroner.
Cross-examined by MR. STRAIGHT. Q. You say here that it was erysipelas on a broken constitution? A. The Coroner assumed that—I believe the erysipelas arose from the mustard.
NOT GUILTY .
MR. BRINDLEY conducted the Protection; and MR. ST. AUBYN the Defence.
NOT GUILTY .
MR. BESELY. for the prosecution, offered no evidence.
conducted the Prosecution, and MR. MOMTAGU WILLIAMS.
MR. HORACE BROWN, the Defence.
GUILTY . Ten Years Penal Servitude.
THIRD COURT. Wednessday October 26th 1870.
Before Mr. Common Serjeant.
MR. POLAND conducted the Protection.
CHARLES CHABOT . I am a cashier at the Holborn Branch of the London and County Bank—I produce an order for a cheque-book, which was presented on 23rd September, and I delivered this cheque-book to the person who presented it (Read: "38, Broad Street, Golden Square. September 23rd, 1870. Please deliver to bearer a cheque-book containing 100 cheques and oblige W. F. Williams & Co.")—Mr. Williams keeps an account at the bank—he is a jewel case maker; but I did not know his address—these three cheques (produced) are cheques taken from the book—I can't say who it was presented the order—the three signatures on the cheques are Dot Mr. Williams handwriting.
HENRY FREDERICK GRIFFIN I am one of the partners in the firm of Goy & Co, outfitters, 36, Leadenhall Street—on 24th September the prisoner came to our shop and gave us an order for a midshipman's outfit, amounting to 33l. 13s.,—he said he was going out as a midshipman, on board the Lady Cairns—he also said that he had been a customer previously, and I referred to the books, and found that in May he had paid us a small amount, under 5l.—he gave the name of Henry Graham—I took his order, and he gave me this cheque for 20l. (produced,) and he-wished to take a cap-band and badge away, and I let him take it—I made out this invoice (produced) for the goods—he said "Will you give me the invoice, and when the goods go home, on Wednesday, the balance will be paid" I proceeded with the order, and made all the things—the cap-band and badge amounted to 1l. 2s.—he left, taking the invoice with him, and the receipt for the 20l. on account—I saw the cap and badge at the Mansion House, and they were given back to me.
THOMAS YALL . I am assistant to Mr. Attenborough, a pawnbroker, at 121, Minories—the prisoner came there on 28th September, and asked to be allowed to see a sextant which was in the window—he purchased it for the amount it was marked, 5l. 17l. 6d.—he gave me this cheque for 6l., in payment—I told him I could not take the cheque in payment for it, that I would get it cleared, and I would allow him to have the instrument the following morning—he said the cheque was written by his guardian, and that it was quite right—he left the cheque with me, and I arranged that he was to send the following day for the instrument—it is not our custom to
take cheques—he did not give me any name—on the following day a youth came for the sextant—instead of giving him the instrument we gave him as empty case, which he took away—an assistant followed him, and saw the prisoner waiting for the youth—the prisoner was then brought to the shop, a constable was sent for, and he was given into custody.
EDWARD LATTER (City Policeman.) On 29th September I took the prisoner into custody at Mr. Attenborough's shop—I asked him where he got the cheque from, and he said a man of the name of Mott gave it to him—I asked him if he knew where Mr. Mott lived, and he said I should find him down at the East or West India Docks—as I was taking him down to the station he said that he filled the cheque up and that Mott signed it—it the police-station when the charge was entered and read over he said he was guilty—he gave the name of Harry Graham—in consequence of information I went to 34, Northumberland Street, Marylebone, and found a bag there; it was locked—I opened it with a key which I took from the prisoner it the police-station—in that bag I found the cheque-book produced and the invoice of Goy & Co., and a purse, and in the purse I found a cheque for 5l., purporting to be signed by Mr. Williams—when he was taken into custody he was wearing a midshipman's cap—I found the gold lace from it in his pocket—those things were given up at the Mansion House to Mr. Griffin.
WILLIAM FREDERICK WILLIAMS . I am a jewel-case maker, and carry on business at 38, Broad Street, Golden Square—the prisoner was formerly a clerk in the counting-house, for some few weeks, in the name of Greenwood—he left me about six months ago—I kept an account at the Holbora Branch of the London and County Bank—this order for the cheque-book, dated the 23rd September, is not written by me or by my authority—the body of the order is in Greenwood's writing—theae three cheques for 20l., 6l., and 5l., were not written by me or by my authority—I know nothing about them—they are all signed "W. J. Williams & Co."—that is the way I signed my cheques—the prisoner used to fill up the body of cheques for me—he used to practice my signature on pieces of paper that were found at my place.
Prisoner. Q. Did you find me guilty of any misconduct while I was with you? A. I found you attempting to rob me of a 10l. note, and that was the reason you left.
Prisoner. There was no attempt to rob, the note was found between two sheets of A newspaper I had on the desk.
The Prisoner's Statement before the Magistrate: "All I have to say is, all the cheques were written by a man named Burton. I had nothing to do with getting the cheque-book. I neither wrote the order for it nor did I go for it"
DAVID BURTON . I live at 15, College Place, Camden Town—I am clerk in the Middlesex Registry Office, and have been there four years—I know the prisoner slightly—I knew him as Greenwood, or Greenfield, but it is so long ago since I saw him that I almost forget—I did not know him by the name of Graham—I know nothing whatever about these cheques, and never saw them in my life—I have not seen the prisoner since last March—I did not know he was in existence.
The prisoner, in his defence, stated that he had seen Burton committing on offence and that Burton gave him the cheques to say nothing about it, and that he did not sign the cheques or write the order
GUILTY — Seven Years' Penal Servitude.
conducted the Prosecution.
EDWARD FULLER . I am shopman to Fitz Henry Latimer, 14, Bishopagate Street, boot maker—on the 5th October I was standing in the shop and saw the prisoner, with three others, come and take six odd boots from the door-way—the prisoner took two—the value of the six boots was 2l.—I ran after the prisoner to Cornhill—I asked him for the boots—he refused to give them to me—the officer came up and took him in charge.
He also PLEADED GUILTY to having been before convicted on 17th January 1870*— Seven Year's Penal Servitude.
828. JOSEPH BAKER (31) , Unlawfully obtaining, by means of false pretences, from Thomas Kemp, three yards and a half of velvet. Second Count—obtaining 300 lbs. of cotton twist from John Lawson Thackeray and others, with intent to defraud.
conducted the Prosecution.
GEORGE OLDHAM . I am in the employment of Messrs. Thomas Kemp & Sons, silk manufacturers, 20 and 21, Spital Square—on 8th September the prisoner came and asked for a remnant of velvet for a mantle for his wife—I served him myself, it was to be put to the account of the person representing Mr. Magrove—we had an account with Mr. Magrove at the time—I had seen the prisoner before, and I knew the firm—if he had not told me that he had authority from Mr. Magrove I should not have parted with the goods, unless he had paid for them—the amount was 1l. 8s. 6d—I have seen the velvet since—this is the same velvet—we owed Mr. Magrove some money, and the goods were debited to the prisoner to be struck off Mr. Magrove's account.
Prisoner. Q. Did not you give me an invoice in my own name? A. I can't remember whether I gave you an invoice or not—I think not, I won't be sure—that was the first time I had seen you—I did not know your name before you told me it was Joseph Baker—Mr. Kemp came in to the warehouse while you were there—you asked to see Mr. Kemp, and I said Mr. Kemp would be in shortly—you had some conversation with him when he came in; but I did not hear what passed.
JOHN MAOROVE . I am the London agent of Messrs. Thackeray & Co., cotton manufacturers, of Nottingham—the London place of business is in Well Street, Falcon Square—I engaged the prisoner as a traveller about the 13th of June in the present year, for a term of three months, at 20s. is week and commission—he continued as traveller in the service, and I paid him from time to time the wages due to him—when the three months were up I hod a conversation with him, as we had agreed that a fresh arrange ment should be made then—I said that as I had to leave the business so much to him I had a right to expect security from him, seeing that we had not had satisfactory references in the first instance, and I granted him a fortnight to find such sureties—I paid him on the 17th September; and on that day he gave me an order from Messrs. Ellia & Co., 91, Queen Street
Cheapside, for 300 lbs. of cotton, the value of which was 34l. 4s. 3d.—I have the prisoner's own entry of the order—I asked him what he knew of them—he said that it was all right, it was only a sample order, that Messrs. Hall & Co. had recommended them as first rate people—the order was then sent down to Nottingham to be executed in the ordinary way—he absented himself from the office for a few days, and I saw him once afterwards—he then said that he had been so much engaged in seeing the persons who were to become his sureties, and that he had been insuring his life—nothing further was said about the order—he did not come back after that—he gave no notice of his intention to stay away, and I did not see anything of him until he was taken into custody—I did not know that he was connected with the firm of Ellis & Co. at all, and that he was the only person in it—I should not have parted with the goods if I had known that he alone represented the firm—I did not give him any authority to have the 1l. 8s. 6d. struck off the account that Messrs. Kemp & Sons owed us—I did not know anything at all about it till I sent round in consequence of a letter we received from Messrs. Thackeray.
Pritoner. Q. Did you ever pay me any commission? A. No; we have never gone into it, we should have had to do so—I sent you to Manchester, Bolton, and Huddorsfield, for the purpose of getting agencies—you obtained two agencies—while you were away, you sold goods to new customers, it might have been to the amount of 200l.—I can't say that it was not—I never paid you any commission upon that transaction—I asked you to sell a parcel of yarn forme which had been left in stock, and you afterwards sold it in Manchester, for 27l. net value—I did not promise you a commission upon that transaction—I did not promise to give you money to work the agencies with—I did not agree to do anything more than pay 20s. a week as a temporary arrangement, and all the necessary expenses, postage, and so on—I believe when you went to Manchester, you wrote to me for 5l. on account of the expenses, and if I did not send the money you would cry quits with me—I made no reply to that letter—you tola me you had a connection at Norwich and Coventry—I never promised you between 40l. and 50l. to work those agencies.
MR. BKSLEY. Q. Before the goods were sent to 91, Queen Street, he made no demand for money owing to him? A. No; not at all—he did not lead me to suppose that he had anything to do with 91, Queen Street—I should not have trusted him with the goods.
JOSEPH ELLIS . I am a warehouseman, in the service of Messrs. Thackeray & Co., at Nottingham—I received an order from London to dispatch 300 lbs. of cotton yarn to Ellis & Co., 91, Queen Street—the goods ware packed and sent by my directions—I have been shown a portion of the goods produced by Mr. Clough, and I identify them—this (produced) is the label that was put on the package—I don't know the prisoner at all—if I had known that the goods were to be sent to a servant of Mr. Magrove's, I should not have allowed them to leave Nottingham.
WILLIAM TIETJEN . I am a carman in the service of the Midland Railway Company—on the 21st September, I delivered a bale of goodi at 91, Queen Street, Cheapside, about 11 o'clock in the morning; it had this label on—I did not see the prisoner.
GILBERT DIDSBURY . I am a boot manufacturer, at 91, Queen Street, Cheapside—I had a first-floor to let in that house—the prisoner came to me about the middle of September—we had two or three interviews—he looked
at the rooms and agreed to take them—he said he was a dealer in yarn—he said that the business would be carried on under the name of Ellis & Co that a Mr. Thomas Ellis of Manchester, and himself, Joseph Baker, were the partners—he gave me two references and said he lived at 27, Alma Street, New North Road—the rent was 60l. a year, to be paid quarterly, and he was to hare the fittings for 15l.—I was to give him the key of the place when he paid the 15l.—a bale was brought by the Midland Railway waggon, before I came in the morning—it was taken into the shop—it was too heavy to take up stairs—the prisoner came in some time during the day, and the bale was unpacked, and he and my man took the goods up, to the first-floor room—they were removed the next day by the prisoner—no goods came to the place except that lot—I did not give him possession of the room, because I said until he had paid the 15l. I should not give him up the key—I never saw him with any other person, he always came alone.
Prisoner. Q. When I came to you what did I tell you? A. You said you came to take the office, and you were a dealer in yarn—I agreed verbally to let the office for three years—I don't recollect that you said you were going to speculate in cotton—we had a bargain for the furniture that was in the office—you agreed to give me 16l. for it—I did not tell you I would not let you have the key of the place until you paid the 15l., because I thought you were going to pay me—I made about half-a-dozen appointments, but you did not keep them—since you have been in custody letters have come for you at 9l. Queen Street—you sent someone to me to atk me to give them up, and I said "Certainly not"—I saw an advertisement in the Standard, stating that you wanted a partner with 500l. or 1000l.—there were some letters came in answer to that advertisement, addressed "Partner, care of E. B. & Co., 91, Queen Street, Cheapside—one came on 30th September, and the others before that—my man assisted you to take the goods on to the first floor.
BENJAMIN CLOUGH . I am an elastic web manufacturer, at East Street Mills, Cambridge Heath—I know the prisoner by his calling at my place for orders—he called first in August, I think—about the 22nd September he showed me samples of cotton yarn—I had been buying cotton yarn of him before, on Messrs. Thackeray's account, as their traveller—he showed me these particular samples on the 21st or 22nd—he told me the price—he did not say whose goods they were—previous to showing me the sample he said he had left Mr. Magrove's, and had gone into partnership with a gentle-man—he did not tell me his name—he said he was worth 1500l.—he did not say anything about where the goods came from—I made a bargain with him when he showed me the samples, and the invoice was made out—this is the receipt—they were sold three or four pounds under the usual price—I paid cash for them on the same day—the amount was 30l. 11s.—i paid him when the goods were delivered, on the 22nd—the prisoner brought them to my place—I did not see in what—there was about 3 cwt.—I have shown part of the goods to Mr. Ellis, from Messrs. Thackeray's; but they aw in a dyed state now.
Prisoner. Q. I think I spoke to you some two or three weeks before 1 sold you the parcel of yarn, and said I was going to leave Mr. Magrove, and start in business on my own account? A. Yes, you said you had got a
partner, a gentleman of influence and money too—you made the invoice out in the name of Ellis & Baker, 91, Queen Street, Cheapside—I met you at a customer's in the City, on the day the Emperor surrendered to the King of Prussia, and you said as soon as the war was over you were going to leave Mr. Magrove, and take a partner, and speculate in yarn—the goods I bought had gone down in price—there was no particular advantage in buying them.
WILLIAM HENRY EYLES . I am in Mr. Magrore's service—the prisoner left after a certain date, and I did not see him again till the 29th September, when I saw him in the Strand—I followed him and gave him in charge—he said "You have made quite a mistake, I know nothing at all about it"—I charged him with obtaining a quantity of yarn, under false pretences, from Mr. Thackeray—he asked us to go and have brandy-and-water with him, and tried to persuade us to get him off—he said he was going to Manchester the first thing the next morning.
Prisoner. Q. When you saw me in the Strand did I not speak to you? A. No—you did not take the slightest notice—I don't remember that I said I would telegraph to Mr. Magrove before any steps were taken—I did not telegraph to him—you said something to the effect that you could clear yourself in the matter—I did not hear you say that you could pay for the goods the next morning.
THOMAS DIXON (Policeman E 274). On 29th September the prisoner was given into my custody, in Adelaide Street, Strand, by the last witness—I took him to Bow Lane Station, and found these pawn tickets (produced.)—one refers to the velvet pawned at Mr. Johnson's, and the other to an under shirt, pawned on 14th September, at Mr. Harrison's, in the name of George Humphries, for 2s.
EDWIN LEGG . I am assistant to Mr. Henry Harrison, pawnbroker, 41, Alderegate Street—the duplicate found on the prisoner represents a pledge made at our place of a shirt for 2s.—I don't know who pawned it.
Prisoner. The shirt was not pledged by me, it was a ticket that I bought.
GUILTY on the Second Count.
He was further charged with having been before convicted in January, 1869, to which he PLEADED GUILTY— Five Years Penal Servitude.
MR. LANOFORD, for the Prosecution, offered no evidence—
NOT GUILTY .
conducted the Prosecution.
EMMA HOLLAND . I am the wife of Cornelius Holland, and live at 48, Golden Lane, St. Luke's, and keep a lodging-house—on the night of 18th October I went up to my room, between 10 and 11 o'clock—I found that the door had been burst open, and when I went in the prisoner dropped out of the window—the padlock had been screwed off—I had fastened it myself about 8.30—it was an inner door—the door of the house was not fast—it is a lodging-house, and I occupy that room on the first floor—the window was open when I went in—I went towards the drawers, and I saw the man go out at the window—I had previously left the window shut—I missed three dozen and a half ancles of clothing of my own and my husband's, worth about 3l. 10s.—I had seen them safe that evening, because they came home
from the mangling, and I had put them in the drawers—it was about two hours after that that I went into the room, and saw the prisoner—the house is let out in tenements.
COURT. Q. How could you see? A. I had a candle in my hand—I saw the man quite distinctly—I have not seen any of my things since—I gave him into custody on the Sunday night as this happened on the Saturday—I gave information to the police on the Sunday evening—I accused the prisoner from first to last—I saw enough of him to say he is the man, although he ran away, and jumped out of the window.
JOHN BROWN (Policeman G 163). I took the prisoner into custody in Golden Lane, St. Luke's, about 12.30, on the evening of Sunday, 3rd October, the evening after the robbery—I told him that I had got a description of him from the last witness, who stated that he was one of two who had been into her bedroom, and taken a quantity of things, and that she saw him getting out of the window—he said he did not know anything about it.
NOT GUILTY .
conducted the Prosecution.
JAMES WILLIAM DORE . I am a tailor, and live at 130, Mount Street, Grosvenor Square—on Saturday afternoon, 8th October, I was in Fleet Street, between 3 and 3.30—I was detained half a minute by a crowd—the prisoner stood in front of me—I heard a click, and saw my watch in his hand—he ran away, and I chased him—he threw the watch in the middle of the road and said "There it is," and ran on—I pursued him till he was stopped—the bow of the watch was broken—my chain was hanging down.
DAVID POOLE (City Policeman 480). On Saturday afternoon, 8th October, I heard a cry of "Stop thief!" and saw the prisoner running in Fleet Street—he was stopped in Whitefriar's Street by a Vintner's porter—I took hold of him, and the prosecutor came up and gave him into custody for stealing his watch—he said "I did not steal the watch, I picked it up"—he gave an address at Leicester—he said, at the station, the watch was at the side of the kerb, and he picked it up—this is the watch (produced.)
Prisoners Defence. I picked up the watch and ran after the man. I heard a cry of "Stop thief!" I looked round and saw a policeman after me, and I was stopped.
GUILTY . He also PLEADED GUILTY to having been before convicted in December, 1864, in the name of John White**— Ten Years Penal Servitude
conducted the Prosecution.
GEORGE BEADLE . I am assistant to Mr. Yeldham, a tailor, at 23, Great Queen Street, Lincoln's-Inn-Fields—I fastened up the shop on Friday night, 16th September, about 9 o'clock—I bolted the door and fastened window—Mr. Yeldham lives in the house—there is a door between the shop and the house—I went away after I had fastened up—I closed the outer door and locked it—I left the window in the back cutting room fast.
I found the back window in the cutting room had been forced open, and a side door had the wood work forced away, so as to admit the door to open freely—the catch of the window was broken—the place had been ransacked, and I missed about twelve coats, nine pairs of trowsers, and eight waist-coats, and other little things, of the value of about 35l. altogether—I found two old waistcoats in the shop and a comforter, which were not then the night before—I have seen the things since, and have identified them.
Parry. Q. How many coats were shown to you? A. No coats—I saw three white waistcoats—I missed the inner door key, that has since been shown to me—it has been applied to the door and fits that door—I know this white waistcoat, because it belonged to a customer, and I had to put a new back in it.
EMMA HOBSON . I am the wife of Joseph Hobson, and live at 12, Holborn Buildings—I know the prisoner Parry—he came to me on Monday, 19th of September, and asked me to pawn a waistcoat for him—I did so at Mr. King's, in Holborn, for 4s.—I gave the 4s. to Parry; this is the waistcoat.
JOSEPH WAKEPIELD (Detective Officer). On the morning of 17th September, about 1.30, I was in Baldwin's Gardens with Haydon—I saw the two prisoners leave Leopard Court together, and we followed them into Holborn—they went into a urinal, and we went in also—there was a light there, right over the centre and we could see them clearly—they were both dressed in dark clothes, and had high hats and white comforters—this comforter produced is of the same character as the one Parry was wearing, and the two waistcoats are similar to the ones they were wearing—I took particular notice of how they were dressed—they then went to the corner of Fetter Lane for a few minutes, then went down Fetter Lane into Fleet Street, and along Fleet Street and the Strand up Drury Lane to the end of Great Queen Street—they were some distance in front of us then, and when they turned the corner of Great Queen Street we saw no more of them—we waited about a quarter of an hour, and then left—on the following evening I was with Haydon about 10 o'clock at Brook Street, Holborn—I saw Parry come out of Fox Court into Brook Street—I noticed that he had got a fresh suit on—from information I received, I went to Mr. King's, the pawnbroker, and received this waistcoat from him, pledged for 4s., in the name of Ann Parry—Mr. Yeldham identified it in my presence—on the morning of 23rd September, about 6 o'clock, I was in Holborn with Inspectors Brannan, and Bryant, and Haydon—we went to 11, Holborn Buildings, and forced the door of the front parlour—it was about 6 o'clock in the morning—we there found Parry in bed with a female—I told him to get up, and said I should take him into custody for a burglary in Great Queen Street, on the morning of the 17th—he said, "Let me have it straight, no underhand work, and then I don't care"—I searched the room and found twelve duplicates, one relating to the waistcoat pledged at King's for 4s.—I also found six keys—we then went to No. 3, Leopard Court, Baldwin's Gardens—I gained admittance through No. 2—I got in through the back, and let the others in at the front door—we went up to the second floor and forced the door open—we found Ferguson there, and Haydon took him into custody—I searched the room and found six duplicates, one relating
to a black waistcoat, pledged at Mr. Cartland's, on the 19th September—the prosecutor identified that waistcoat as his own.
Parry. Q. When you saw me did I have my coat buttoned up? A. At the top—you had a monkey jacket on, and you had your hands in your pockets.
Ferguson. Q. You said you saw me with a white comforter on? A. Yes, it was similar to the one you have on now—it was white round your neck—when we got into your room you were putting your trowaers on—there were two females in the room—you did not ask me what I wanted.
WILLIAM HAYDON (Police Sergeant G). I went to 3, Leopards Court, where Ferguson lives, and assisted in searching the room—I found this pistol in the coal cupboard, on a shelf, loaded with ball cartridge and capped—I also found all these skeleton keys (produced), this jemmy and centrepiece, and these four bits and a file—they were altogether in a bag, between the boarding and the wall of the room—I found this small key in the bag—I took it to the prosecutor's house, and tried it to the door, and it fitted—I also found a mask in the bag with the pistol—I took Ferguson into custody, and charged him—he said "You have buckled me this time. I know I shall get a long term, give it me fair"—I took this jemmy down to the house in Great Queen Street, and compared it with the marks on the window, and they corresponded exactly in width.
Parry. Q. Did you see us together? A. Yes, I was with Detective Wakefield—you had dark clothes on—you had your coat buttoned up, a white scarf on, and a high hat—I could not see your waistcoat.
FREDERICK KERLEY (Detective Officer E). I examined the premises in Great Queen Street, on the morning of the 17th—I found two percussion caps there which fit the nipple of this pistol—there were two waistcoats left behind, and in the pocket of each I found a percussion cap—at Ferguson's place I found a quantity of powder, caps, and balls, which fit the pistol, and this loaded stick—Ferguson was wearing a white waistcoat, which has been identified as the property of Mr. Yeldhara.
Parry, in his defence, stated that he bought the waistcoat of a young man for 5s., and got the young woman to pawn it for him. Ferguson in his defence stated that a young man asked him to mind the bag for him for a few days, and said there was a pistol in it; that he did not look in the bag, and did not know what it contained.
They also PLEADED GUILTY to having been before convicted on 17th February, 1968.**— Ten Years' Penal Servitude each.
conducted the Prosecution.
JOHN COUPLAXD (City Policeman 295). On 25th September, about 5.30 in the morning, I was in Bartholomew Close—I saw the prisoner there with another man—he was carrying this counterpane under his left arm—when he saw me be dropped it on the pavement, and ran away—I went after him, and he was stopped by City Policeman 277—I picked up the counterpane, and asked him how he came in possession of it, and he said he picked it up in Half Moon Passage—I took him to the station—Mrs. Pearson came there and identified the counterpane as her property—he was about twenty yards from the prosecutor's house when he dropped the counterpane—the other man was discharged.
ELIZABETH PEARSON . I am the wife of Richard Pearson, and live at 11, Half Moon Passage, Bartholomew Close—on Sunday morning, 25th September, I was awoke about 5 o'clock in the morning—I heard a man drop down from somewhere, and a shutter fell down and broke a pane of glass that was underneath the window—I jumped up and opened the window—when the man dropped down the peg from the counterpane fell—when I opened the window I heard the man run down, and I could see the left shoulder of the man with a white smock on—the counterpane had been hanging outside the window all night to dry—I went to the station, and saw the counterpane and identified it.
Prisoner's Defence. I was going through Half Moon Passage, with another man, and saw the counterpane on the ground. I picked it up. He said "Don't have anything to do with it, I daresay it belongs to someone in the court." I put it down, and started to go home, when the policeman ran after us.
GUILTY .—He also PLEADED GUILTY to having been before convicted in March, 1868.**— Seven Year's Penal Servitude.
FOURTH COURT.—Wednesday, October 26th, 1870.
Before Mr. Recorder.
834. THOMAS KENNEDY (20), PLEADED GUILTY to a robbery, with violence, on Alfred Bucknell, and stealing from him a watch and chain, and locket, having been before convicted of felony.— Eighteen Months' Imprisonment.
MR. COOPER conducted the Protection; MR. ST. AUBYN defended Willis; MR. LANGFORD defended Hambleton.
WILLIS PLEADED GUILTY.
JOHN WHEELER . I am a tailor, residing at 51, Alma Street, Hoxton—about 11 o'clock, on the night of the 10th August, I heard a noise in my bed room, on the ground floor—I went and caught hold of Willis there—we wrestled together in the passage—I called for help and he threw me down—I got up, and the door being open he pitched me out into the street—I again caught him by the tail of his coat, which he slipped off and ran away—I followed, but gave up the chase and returned to my house—I found articles of dress in the room where I had seized him first—a watch also, which I value at 6l. 10s., I identified as my own—a jemmy dropped out of his coat—the back garden door was open that night, and I was sitting in the back kitchen having my supper—no chain was on it—if they had come in that way I must have heard them.
Crosf-examined. Q. When did you see the watch last? A. About 10.30—it is a six-roomed house—my front kitchen was let to a man named Markham; I took the house in February—he is a painter and house decorator—on the 10th August he had some friends come to see him—a Mr. Gill and some others—Gill is I believe now in Newgate—I never charged Gill with having stolen the watch—I charged him with being concerned in the robbery, and Markham also—the house where the watch was found is not mine, it is about twenty yards away, in Buckknd Street
SOLOMON DBACON . I live at 59, Alma Street, and am a builder—I saw two men sitting on a doorstep, two or three doors from the house where the robbery took place—I saw Willis and a man whom I believe to be about the size of Hambleton, before this robbery took place—I had never seen Willis before at my house—he is a witness against the other two men.
WILLIAM YOUNG (Police Officer N 63). I saw Hambleton running out of Buckland Street on the night of 10th August, about 11 o'clock—I followed him, calling out "Stop thief!"—he was about 130 yards from Wheeler's house—a man stopped him—I did not lose sight of him—when I came up and took him he said "What is wrong?"—he said "I saw others running and thought I would run, too"—I said he would have to come back and we would see—he said he had been having a lark—I said "You are the pursued and not the pursuer"
Cross-examined. Q. How far from the house was it when you first saw him? A. About 130 yards—I did say before the Magistrate it was 300 yards; I went back and measured, and altered my statement—I paced it—I first saw Hambleton about 20 yards beyond where the watch was picked up.
JAMES CUTHBERT (Policeman N 461). I saw Hambleton running and the constable after him, crying "Stop thief!"—seeing me he turned to go back and was pushed up against some shutters by some people going by; im-mediately the other constable took hold of him—I found a watch in the area of No. 4, Buckland Street—I did not see him pass that area—I was informed he had passed—he came from that direction—that area was between Wheeler's house and where I first saw him, and about 150 yards from Wheeler's house; on the right hand side as you come from it.
KINDERBEE WILKINSON . I live at 13, Lisson street, and am a shoemaker—I was near 51, Alma Street, about 11 o'clock this evening—within a few yards of prosecutor's house—I saw a person run down the steps of his house and run away—that was Willis—I am quite sure of that—I mean Hambleton; I pursued him, calling "Stop thief!" I lost sight of him—they got into the New North Road—I followed him down Buckland Street—I met 63 N, who came out of Wenlock Street, in front of me, he gave chase—I gave up and went back.
Cross-examined. Q. How came you to be out at that time of night? A. I have often been out to the theatre—I was walking by the house—I had never saw Hambleton before—I am lure he is the man—when I passed the prosecutor's house I heard somebody calling "Murder!" and a scuffling in the passage.
HAMBLETON— NOT GUILTY .
WILLIS also PLEADED GUILTY to a previous conviction on the 19th August, 1867, at this Court—(Sentence deferred, he being a witness against Markham and Gill.—See Old Court, Saturday).
conducted the Prosecution.
GEORGE SILVERTON (Police Inspector 'N). On the night of the 13th October, I was near 18, Amherst Road, and the two prisoners came out of the gate of that house—I directed two officers to follow them—I went round another turning to front them, and met them in Kingsland Road, and took King into
custody—I asked him where he was going—he said he had been to a "lead" in Whitechapel—another officer took Morgan—we took them to the station, and I found upon Morgan a box of lucifers, and on King a duplicate and a shilling—I went back to 18, Amherst Road, and received from a sergeant this jemmy and these keys, they are picklock keys, and the very finest—I found the back kitchen windows up and broken—the hasp had been forced back, and there were marks on the shutters which exactly corresponded with this jemmy.
King. Q. What distance were you when you first saw the men that came out of the gate? A. About fifty yards off—I know you are one of the men, bj your dress—you did say that you knew nothing about it when I said I am going to charge you with a burglary.
Morgan. When you see us come over the gate, why did you not lay hold of us? A. Because I did not know but what you belonged to the house.
JOHN WILSHIRB (Police Sergeant N 42). I saw two persons leave the gate of this house on this night—the prisoners are the men—I was with Inspector Silverton, and followed them up the Amherst Road West—I saw them lean over the palings of No. 26, Amherst Road for a few seconds and go on again—I went into the garden after that, and found this black bag, containing skeleton keys, a gimlet and a jemmy were lying down by the side of it.
King. Q. Did you see me come out of the gate? A. Yes, I was some distance away—I never lost sight of you for a moment—I found these things about five or ten minutes after I took you into custody.
Morgan. Q. When you see us at the gate, why didn't you come over and take us then? A. Because I followed to see what you were doing.
FRANK BRIERS (Detective N). I was with Wilshire on this night—I saw the prisoners leave the gate at 18, and I went round with him and met them—I asked Morgan where he was going to—he said, "Going home," and that he had been to a "lead" over at the Cattle Market—I took him to the station and found this box of lucifers on him.
King. Q. Were you in company with Mr. Silverton? A. Yes, I did not come up and take you into custody directly, as I was requested to go another way—I lost sight of you.
MARY DOUGLAS . I reside at 18, Amherst Road—I was up on this night, and last to bed—I closed the shutters between 6 and 7—I had shut the kitchen window all right, and that was safe a few minutes before 12, before I went to bed.
King's Defence. I know nothing about the transaction. I was at the Leg of Mutton public-house that night till 12. I was asking the way to the Kingsland Road, when they took me. I am innocent.
Morgan made the same defence.
GUILTY —They both PLEADED GUILTY to having been before convicted*— Seven Tears' Penal Servitude each.
conducted the Prosecution; and MR. WARNER SLEIGH the Defence,
JAMES ARNOTT . I am a porter in the service of the Great Northern Railway—the prisoner was a van driver, and in the habit of taking goods to the east end of the town for delivery—it was my duty to put the goods on to his van and to sign the sheet as checked—on the 13th September, I put
into his van all the goods mentioned on this sheet marked "77 K"—he was on the van and loaded the goods—among the goods was a truss for Hyam & Co., Gracechurch Street—I also noticed four other trusses with red crosses on them, which formed part of the load—the prisoner took away the goods about 9.30 in the morning—the goods tor Hyam & Co. were wrapped in a canvas wrapper—it was marked "L. H. & Co.," 7 or 9 on the sheet.
GEOROI HINRT SCRAOGS . I am clerk to the Great Northern Railway, and it is my duty to receive money the carmen collect after their rounds, and inspect the delivery sheets and receive them—on the 13th September, prisoner brought this sheet "K 77," tome—I should say bet ween 12 and 2—he was very regular—I found a mark against each entry—there is an entry of a truss to L. Hyam & Co.—it is marked "Hodson," with two initials before it.
Cross-examined. Q. Have you any other delivery-sheets with the signature of Mr. Hodson, for goods received at previous times? A. I have not—he is speedy and regular in doing his duties, and was home on this day as soon as he possibly could be—there is no note on the delivery-sheet of the time he returned on this day.
DAVID DUCAT . I am a clerk in the company's service—it is the carman's duty when he brings back goods to communicate with me—on this day the prisoner only brought back four bales of goods, for Bridge & Co., with red crosses—I marked his sheet to that effect—I saw him about the truss directed to Hyam & Co.—he said he remembered perfectly well delivering the truss on that day—I drew his attention to these four crosses, and on his seeing that entry it seemed to make it more clearly of his having delivered this truss, and said he obtained the signature of the gentleman who usually signs for the goods—he said he put it down in the warehouse—Hodgson's name is spelt with a "G" in it—his signature! are very similar on these three sheets—they are not like the one on the fourth, written "Hodson"—there is a "G" left out in the signature.
Cross-examined. Q. Look at the three delivery-sheets, and see the signature on the last sheet; look at the "F," which begins the first initial, and tell me if you see a peculiar turn, which begins the letter "F?" A. I do not see any peculiar turn on the "F" of the signature for this truss in dispute—it is a hard matter to say whether the curve of the D adjoining the S is not the same on all the four sheets—the D is the same as the others—I do not think the H is joined the same way in the whole four signatures, with a slope between the two uprights—there is a slight similarity—there is a very slight similarity between the four signatures.
FREDERICK HORRIX HODGSON . I am chief warehouseman to Messrs. Lawrence Hyams & Co., 36, Gracechurch Street, City—I have been with them over twenty-one years—Messrs. Massey, of Batley, supply us with woollen goods—I was at the warehouse on the morning of 13th September—I have seen sheet "K 77;" that is not my writing—it is not my signature, nor like mine at all—I write mine with a "G"—we have never received these goods; and if they had come I must have seen them.
Cross-examined. Q. What is the date of that delivery-sheet? A. The 13th September—I was only examined at the Police Court last Monday for the first time—we have a good number of men in our employ—I hare not had occasion for other people to do my work for this last six mdhths—if anybody signs the delivery-sheets in my absence, I always know who—they sign them in their own name, and not mine—no man has ever signed in my
name—I was present on the 13th, the whole day—if these goods had come I must have seen them—I do not find any similarity in the signatures on these sheets—this is not my curve in the "D"—it is something like my "F" at the top.
FREDERICK HOPWOOD . I am a clerk to Messrs. Lawrence Hyams & Co., it is my duty to inspect the invoices and compare the goods, on arriving with them—this invoice arrived on 13th September—that was from Batley—the goods did not come neither then nor since—I, in consequence, wrote to the senders.
Cross-examined. Q. That invoice it in the ordinary nature of business? A. Tea—the invoice is usually sent by post, and the goods follow.
HENRY PEMBER . I am head porter at Messrs. Hyam's, and it is my duty to attend to the unpacking of goods there, and afterwards to receive goods into gtock—I never received the goods mentioned in this invoice, and through Messrs. Hyam's direction, I have looked carefully through the stock, and never found it.
Cross-examined. Q. Then there was some doubt of whether or no it might have been put away? A. Well, it could not have been likely to occur; and to be positive, we had a thorough search.
RICHARD WILLIAMS . I am an inspector of the Great Northern Railway Company's police, and have been investigating this case since the 13th October—I sent for the prisoner, and shewed him the delivery-sheet, with "K 77"—I pointed out the entry signed for the trusses in the name of "Hodson"—I said "Do you recollect delivering this truss?"—he said "Yes, I put it down at the end of the counter, and handed the delivery-sheet to Mr. Hodgson, and to the best of my recollection he signed it and took the sheet to the counter and wrote something on it, and gave it to me again—he said "I know Mr. Hodgson very well, I often go there, and he knows me"—on 17th October I gave him into custody, on the charge of stealing this bale and uttering the fraudulent receipts for the same, and he made no reply.
Cross-examined. Q. He was very ready in his answers to you? A. Very—and did not appear to shirk anything, was very straightforward and ready in every question.
HENRY ALEXANDER ANBON . I am clerk to Messrs. Massey & Co., woollen manufacturers, of Batley—Messrs. Hyam are customers of oura—on the 12th September, I made out the invoice of goods, amounting to 31l. 16s. 9d. and sent it by post to Messrs. Hyam—it is in my writing—I saw the goods mentioned in it packed in the canvas wrapper—I made out that consignment as a note for the railway, and made out the direction card, "Messrs. Hyam & Co.," which was attached to the truss—I saw it delivered to the carrier, and have his receipt for it.
Prisoners' statement before the Magistrate: "I am innocent—I never had toe bale, and never signed the sheet."
Witness for the Defence.
JACOB HBBST . I live at 38, Archer Street, Camden Town—I am in the service of the Great Northern Railway Company at this moment—on the 13th September, I was in charge of the tail-end of the van, carrying goods to Hyam & Co., amongst other places—a bale was delivered to them—about a hundred weight—my mate Thomas Webb delivered it—I did not go into the warehouse with him—he took it off the van, throwed it on
the door-step, and rolled it in—I don't know what time I got back to the office that day—we had other parcels to deliver.
Cross-examined by MR. COOPER. Q. Did you wait while it was taken in? A. Yes; for my mate—he did not bring anything with him—I did not see anything in his hand—I have been in the habit of going out with him for a long time.
MR. SLEIGH. Q. What sort of a day was this? A. Wet—it is not necessary to carry the sheets open in your hands.
COCRT. Q. When was your attention first drawn to this? A. Three weeks after the affair, by the Company.
Prisoner received a good character.
GUILTY—Recommended to mercy, on account of his previous good character — Eighteen Months' Imprisonment.
CHUTER PLEADED GUILTY .
conducted the Prosecution; and MR. EDWIN LUCAS defended Antrim.
HENRY DOO RAWLINGS . I am a manufacturer of mineral waten, Nassau Street, Portland Street—Antrim was in my service, and had been for thirty years—his duty was to take out goods, deliver them to customers, return at end of the day, and give an account of what he had sold—Chuter was also in my service—Antrim was principal man, having charge of the van, and Chuter always went with him—it was their duty to call on a customer named Mills—on the 4th of October, I sent them to Mr. Mills—they took with them in the morning twenty-four dozen of goods, including lemouade, soda water, seltzer and that sort of thing—it was Antrim's duty to deliver them to Mr. Mills, and he had no right to keep back any—I received a communication that same day from Mr. Mills, and had others on previous occasions—I called in Antrim, and said "I am sorry to accuse you of robbing Mr. Mills"—he said "Me, sir, no! I deny it altogether,"—I said "You know me well enough not to state such, unless I was certain of the fact; a trap has been laid for you, and you have been discovered"—I told him I had been to Mr. Mills and counted the goods—I told him the exact deficiency, which was one dozen of ginger beer, half-a-dozen lemonade, and half-a-dozen of seltzer water—he said "I have committed myself"—I said "I must see Mr. Mills on the subject"—Mr. Mills called the same evening and saw Antrim, and I left them together—I returned soon after, and Chuter was called in—Antrim some time after, said "If I am on my trial I must say nothing"—I said to Chuter, "What do you know of this disgraceful affair?"—he said it was true, and he what sorry—I said "Did you know of the deficiency at Mr. Mills', on the 4th October, he said "Yes"—I said to Antrim, in the presence of Chuter, "If you have robbed Mr. Mills of two dozen of goods out of twenty-four, how many goods would you take out of ninety-six dozen," and the reply was, "Two or three dozen"—ninety-six dozen is the largest quantity delivered at one time during the present season.
Cross-examined. Q. This occurred in the summer time, when trade is brisk? A. Yes—the goods are sent in two-dozen boxes, and there cannot be a mistake in the delivery of the quantity—I put the goods in the
waggon myself this morning, there were twenty dozen of beer, twenty-four dozen of soda, twenty dozen of lemonade, and twelve dozen of seltzer.
COURT. Q. Was that invoice given to Antrim? A. Yes, and made out by him, and given to Mr. Mills as the quantity left.
MR. LUCAS. Q. Was Mills' the only place where he had to call? A. No, about twenty others—it is impossible that the goods could have been left at a wrong place, because they are delivered in four-dozen boxes, and the lemonade, soda, and seltzer waters in two-dozen boxes.
DAVID DAVIES . I am a cellarman in the employ of Mr. Mills—I have been in the habit of receiving mineral waters from Antrim and Chuter—on the 4th October my attention was called to the delivery—I had ordered half a gross of each goods; I received one dozen of ginger beer short, six bottles of seltzer, and six bottles of lemonade short—I was in the cellar when they were brought in by Chuter, while Antrim stowed them away after taking them out of the boxes—I did not count them as they were taken out of the boxes—these boxes ought to contain two dozen—when they went away I counted them; I had carefully noticed the cellar before, and am positive the deficiencies were what I represent them to be—they took away twenty-four dozen of empties.
Cross-examined. Q. Did you notice if there were any directions on these boxes? A. No, they were not directed to Mr. Mills—I have been in Mr. Mills'employ since the 12th September.
HENRY MILLS . I keep the Radnor Tavern, Chancery Lane—in consequence of what had happened I gave my cellarman certain orders on the 4th October last as to the delivery—I sent my son down to the cellar after the things bad been delivered—I afterwards went to Mr. Rawlings, who came over and counted them himself, and I went into the cellar with him—I had a conversation with Antrim next day—I told him he had been for some time robbing me; he said "No I have not, I have committed myself in this one case"—I told him I did not want him to tell me when he begun robbing me, as I could tell him, from my accounts—I told him he had been robbing me since last April—he said he had not—I told him I had been robbed to the extent of between 10l. and 12l. a month, and he said "No, oh dear no, nothing of the kind"—I called in my cellarman and asked him if he was implicated in this robbery, and he said "Certainly not"—Antrim said he was very sorry—I said "Yes, at being found out"—Chuter was then called down—I asked him if the cellarman had been in league with them, and he said "No"—I told Mr. Rawlings it was impossible for one man to be doing this without the consent of the other—Chuter admitted that they were in the habit of taking about two or three dozen at a time; he said Antrim gave him a few shillings on Saturdays.
FREDERICK KERLEY (Detective Sergeant E). I took Chuter first into custody and Antrim afterwards—I read the warrant to him, he said he was very lorry for it—I asked him if he knew the cellarman at the Radnor, he said "Yes, but he knows nothing of this affair; it is only 4s., and it is the first time that ever I did such a thing in my life."
Antrim's statement before the Magistrate: "I am guilty of taking only 4s. Since I have been with Mr. Rawlings I never did anything wrong." Antrim received a good character.
ANTRIM— Eighteen Months' Imprisonment. CHUTER— Three Months' Imprisonment.
MR. EDWIN LUCAS
conducted the Prosecution; and MR. WARNEER SLEIGH the Defence.
ROSALIA ACKLAND . I am the wife of the prosecutor—on the evening of the 6th October we were on the platform, waiting for the train; when it came in there was a crush at the moment my husband went away with a fried to the carriages, and the prisoner passed, and a moment after I felt my pocket pulled—I caught hold of the prisoner—I saw the purse on the ground—I did not see prisoner drop it, but it was found just by his feet.
Cross-examined. Q. There were a great many people going home after business? A. Yes—sometimes there are as many as a dozen people trying to get into one carriage at a time—the train was coming into the station at the time I was on the platform.
WILLIAM ACKLAND . I am husband of last witness—I was with her on the night of the 6th October—I heard an exclamation from my wife that a young man had got her purse, and the prisoner rushed past me; I seized him by the left hand—I felt his hand close, and I swung him round to get back from the carriage, and immediately I felt his hand open, and the purse was at his feet, and the prisoner picked it up.
Cross-examined. Q. He was just going into a railway carriage, was he? A. He passed as though he would do so—not at an open door—he passed one passenger and doubled back with greater rapidity than passengers usually do—there were plenty of people there, and that drew my attention to it.
ALBERT STANDEN . I am a police-constable employed at the Ludgate Hill Station of the Chatham and Dover Railway—the prisoner was given into my custody on the 6th October, by the Inspector, at the platform—on the way to the station prisoner said "Don't hold me, I shan't run away"—I said "I don't intend you should"—at that moment he was passing with this hand what I thought a watch, but it is something of a locket—he dropped that on the pavement, and as I stooped to pick it up he made a desperate attack to get away, and the prosecutor picked this locket up—on the way to the station prisoner said "I don't suppose there is much in it."
Cross-examined. Q. Did you find a railway ticket with him? A. Yes, for Peckham Rye—he had no ring on his finger, this was found in his pocket.
GUILTY **— Five Years' Penal Servitude.
conducted the Prosecution; and MR. BROMBT the Defence,
WILLIAM SPRAGUE . I live at 7, Finsbury Pavement, and am a music-seller—on 5th October the two prisoners came to my shop in the morning, and bought a book for 1s. 6d.—Knight gave me a sovereign—I gave him change out of my till, and they could see my till when I did so—in the afternoon they came again, and asked to look at some violins—I showed them some, and went to the back of the shop to look at some cases, and went again to the front of the shop to show them to prisoners, and Knight said it was for a young man whom he would bring at 6.30, and as they got
to the shop door I went to my till, and found it had been taken out, containing two half-sovereigns, and some threepenny-pieces—I sent my man after them—the money was safe there a few minutes before they came in, and nobody else had been in, and they were quite close to the till—I am sure these are the men.
Cross-examined. Q. What o'clock did they first come into your shop? A. Between 11 and 12 o'clock—next time between 3 and 4 o'clock—they remained in the shop, the first time, about five minutes; the second time my back was turned about a minute to show them the violin case—they were on one side of the counter, where customers usually stand, and my till was inside, where it usually is, at the front end of the counter, near the window—I had not seen them before—I swear they are the men.
CHARLES PIOKINOTON . I am a French polisher, in the prosecutor's service—he called to me, on the afternoon of 6th October, to bring down a case—the two prisoners were in the shop at the time—I brought two cases, and the prosecutor came to the back of the shop to take them from me—he took them to the prisoners—I was sent after them when they left the shop, and I saw them in Baker Street, running slowly—I followed to Iron-monger Row, and pointed them oat to the constable, and they were taken into custody—I am sure these are the men.
WILLIAM DAVIS (Police Sergtant G). The last witness spoke to me—a contable was with me—we followed the prisoners to Bartholomew Square, and charged them—they made no reply—Knight stood still, and Smith attempted to run away—at the station I saw Smith put something into his mouth—I accused him of it, and he swallowed it.
STEPHEN BURDEN (Policeman Q 67). I was in company of the last witness when the prisoners were apprehended—I searched them; on Smith I found 19s. 9 1/2 d., and 6d. on Knight, and a half-sovereign amongst it—I found a threepenny-piece in Knight's pocket, and a watch and chain, and a book which the prosecutor had sold them in the morning.
Cross-examined. Q. Did you tell either of the prisoners what they were I ctorged with? A. The sergeant did—I heard him say money, but do not kow how much—I found a threepenny-piece in the right hand pocket of I Knight—he took the other money from his pocket himself, and voluntarily put it on the table at the station.
RICHARD KENWOOD (Police Sergeant). I assisted to take the prisoners into custody—Smith said "You are very clever at searching me, I have got no money"—I watched him, and saw him take his left hand, which I caught hold of, and found this half-sovereign.
GUILTY. SMITH**— Five Years' Penal Servitude.
KNIGHT**—(who PLEADED GUILTY to a previous conviction) Seven Years' Penal Servitude.
MR. COOPER. conducted the Protection; and MR. MONTAGU WILLIAMS the Defence.
Road, Broadway, London Fields—about 10 o'clock I saw them again, about twenty yards from the place where I first saw them—Keeper was carrying this bag on his shoulder—I followed them about 300 yards and called the assistance of a young man who was passing—I took Clarke, the others were taken to the station—Keeper threw the bag over into a gentleman's garden—I went and fetched it—this is the bag, and this is the clock, and this piece of chintz.
THOMAS BOYLE . I live at 1A, Knowledge Road, Dalston, and am a letter sorter—I got home this night about 10 o'clock, and found the parlour-window open, and missed the clock; this is it, it is worth 11s. 6d.
JOSEPH THOMPSON . I live at 1A, King Edward's Road, Hackney—Iam a gardener—I saw the three prisoners together—Keeper was carrying a bag—the constable spoke to me; I followed them—he took Clarke, and the other two ran away—they were stopped, and taken into custody—the clock was found where Keeper threw it into the garden.
GIBBS and CLARKE— NOT GUILTY .
KEEPER— GUILTY .— Nine Months' Imprisonment.
OLD COURT.—Thursday, October 27th, 1870.
Before Mr. Justice Lush.
842. LOUIS GUSTAVE DROZ (38) , Unlawfully, maliciously, and feloniously casting and throwing upon Harriet Droz, a certain corrosive fluid, with intent to do her grievous bodily harm. Second Count—with intent to burn.
conducted the Prosecution; and MESSRS. STRAIGHT and HUMPHREYS the Defence.
HARRIET DROZ . I am the prisoner's wife—I have been married eighteen years—I left him about twelve months ago, and we were separated in law on 10th January last—I live at 14, Carthusian Street, Aldersgate Street, and work as a milliner—I have always obtained my living in that way—I have seen the prisoner constantly since we have been separated—he has not spoken to me—he followed me about, and I always had a young lady to go about with me—on Sunday night, 2nd October, about 8.20, I was leaving Dr. Gumming's chapel, in Covent Garden, after service—I saw the prisoner waiting outside—he had his hand up to his face, and as I passed him he let it fall in that way and dropped the stuff on my mantle, and I immediately smelt a strong smell as of chloride of lime—I did not feel him touch me, but I smelt it immediately; my friend said, "He has thrown something on you," and my mantle was wet directly—there was no one else near me but him who could have done it—one of the young ladies said, "Give me your handkerchief," and she wiped it, and it went into rags immediately—these (produced) are the mantle and skirt—they are burnt on the left side, and this is the handkerchief the young lady took to wipe it with; it turned green; she put it up to her face and said, "Why, it burns"—I had been to church in the morning, and I saw the prisoner there—I saw him in church, and as I came out—I have attended that church for ten years—he knew I was in the habit of going there—he has been there on Friday nights when I have been there—he is a watchmaker by trade—his hand was closed when he had it up to his face, and he dropped it as I passed him.
Cross-examined. Q. You passed close by him, did not you? A. Yes—I have been married eighteen years, and have always resided in this country
—the prisoner is a native of Switzerland—we were married at St. Paul's Church, Knightsbridge—he has followed me about continually for the last twelve months; the stuff did not touch any part of my body, only my clothes.
ANNIE BIRCH . I am a single woman, and live at 140, Cheapside—I was with Mrs. Droz at Dr. Cumming's church on the evening that this took place—I saw the prisoner there—he was standing outside; as we passed he touched her by the side as it were, and turned away at once; he was generally there when I was with her—I smelt something immediately like chloride of lime, and I made the remark at the time—I noticed the dress was wet immediately.
SAMUEL HARVEY HILLS . I am a Member of the College of Surgeons, and live at 3, Southampton Street, Strand—I was called to the Bow Street Station, and examined "the cape that is produced—I took some away and tested it; it was aqua fortis, nitric acid, which had been thrown or placed on the cape—it is an acid used by jewellers in their trade—I also examined the skirt—nitric acid is of such a nature that it would burn through a woman's drees; it is a corrosive fluid; it would do mischief if it touched the skin.
Cross-examined. Q. If it were left on long enough, it would bum through? A. Yes, it would depend upon the thickness of the clothing how long it would take to eat through—the crinoline keeps the dress away from the body—it would eat through to the skin if the dress was close to her.
GEORGE BATTLEY (City Policeman 111). About 9.30, on 2nd October, the prisoner was given into my custody in Aldersgate Street—I told him he would be charged with throwing vitriol on Mrs. Droz—he said he knew nothing of it.
COURT to HARRIET DROZ. Q. To what garment did it penetrate? A. It reached through to the petticoat, not further.
MR. STRAIGHT submitted there was no evidence to go to the Jury of any intent to injure. MR. JUSTICE LUSH was of opinion that the question of intent was for the Jury. THE JURY stating that they were of opinion the intention was merely to burn the dress, MR. JUSTICE LUSH held that that would not be sufficient, and directed a verdict of
NOT GUILTY .
MR. STRAIGHT submitted that it was not an assault after the finding of the Jury that it was his intention only to destroy the dress. MR. JUSTICE LUSH held that that was an assault. The witnesses repeated their evidence given in the last case.
GUILTY ,— Eight Months' Imprisonment, and to enter into his own recognizance in 100l., to Keep the Peace for Twelve Months.
conducted the Prosecution; and MR. MONTAGU WILLIAMS
NOT GUILTY .
conducted the Prosecution; and MR. BROMBY the Defence.
foreman to my father, at Sheppy Yard, Minories, cotton merchant—Caldon was in our employ as a cotton picker—on 27th July last I went to business about 9 o'clock—I took my waistcoat off, and placed it on a bale of cotton, on the first floor of the warehouse—there was a watch and guard in the pocket—Caldon, who worked on the same floor, was then working a few yards from where I placed the waistcoat—I missed my watch about 12 o'clock in the day—I gave information to the police—this (produced) is the outside case of the watch I lost—it was shown to me by the detectife, Stevens.
Cross-examined. Q. There are a great many persons working on that floor, are there not? A. At times—there were about forty-five in the building—Caldon and another woman were working on that floor on that day—Driscoll was not in our employment at all—Caldon has been there between four and five years, and always had a good character—she continued in my service for the remainder of the week after I missed my watch—she then left to go hopping—she usually left for that purpose at that time of the year—I have not charged anybody else with this robbery—I suspected a man in my employ, and I mentioned my suspicions to the police about a week after.
ALFRED HUDSON . I am foreman to Mr. Tarrant, a pawnbroker, in Cable Street—on 28th July Driscoll came to me with that watch case—she asked me if it was worth anything, and whether it was gold—I asked her where she got it from—she said another woman picked it up in Leman Street—I said "Then you will fetch that woman in, I want to see her"—she went out and brought Caldon in—Caldon said she had picked it up in Leman Street—I detained the case, and spoke to the police about it—the prisoners left the shop—Driscoll gave me their addresses, and I wrote them down at the time, "Mrs. Caldon, Blue Anchor Yard," and "Ellen Donovan, 5, Royal Mint Street"—I gave the addresses to the police, with the watch case.
Cross-examined. Q. It is a very common thing for persons to pledge property in a name not their own? A. Yes—in this case the name of Caldon was given—I have seen Caldon in the shop once since, and once opposite the shop—Driscoll came into the shop afterwards—she never mentioned anything about the watch case again, nor I to her, until I gave her into custody.
MR. BRINDLEY. Q. When did you give her into custody? A. On the 6th of this month—I had not the chance before—I am sure it was on the 28th July that they came, because I gave information the same day.
JOHN STEVENS (Detective Officer H 137) I was called by Hudson into Mr. Tarrant's shop, on 6th October, and Driscoll was given into my custody—I asked her where she got the case from which she had offered to sell or pledge—she said "From Kate Caldon"—I afterwards went to Parson's Court, and found Caldon there—I took her in charge—I asked her if she gave Driscoll a watch case to sell or pawn—she said she knew nothing at all about it—I said "I shall take you into custody for stealing your master's watch, in Sheppy's Yard"—she said "I steal it?"—at the station she said "I picked it up outside the Black Horse public-house, in Leman Street"—information had been brought to the station on 27th July, I think—I had been making inquiries before; but I had not accused them till the 6th—both the prisoners live at Parson's Court, Blue Anchor Yard, Royal Mint Street, in the same house.
GEORGE FOSTER (Detective Officer H). On 27th July Mr. Schleman came to the station, in Leman Street, and complained of the loss of his watch, and on the evening of the 28th I received this ticket, with the addresses, and the case of the watch, from Inspector Saunders.
COURT to H. R. SCHLEMAN. Q. Is there any mark by which you know that to be the case of your watch? A. I have worn the watch seven or eight years, and I go by the pattern of the case—there is no mark on it.
Both the prisoners received good characters.
NOT GUILTY .
MR. HUNT conducted the Protection; and MR. ST. AUBYN the Defence.
EDWARD SULLIVAN . I am a gilder, and live at 13, Orwell Street, Hall Park, Paddington—between 1 and 2 on the morning of 27th September, I was passing through the Euston Road, on my way home, having misted a train—I received a violent blow under the right ear, from behind—I turned round and struggled with the prisoner—he dragged my gold watch and chain away, and tripped me up with his foot—I fell—I cried out "Murder!" and "Police!" and saw him run into the arms of a policeman—I never lost sight of him—it was in a dark spot—I came up to him as soon as he ran into the policeman's arms—my watch and chain were worth 6l.—this is part of the chain I lost—there is a seal attached to it—I saw no one else near at the time but the prisoner.
Cross-examined. Q. Did you look for your watch afterwards? A. Yes—I did not find it—my hat fell off, and I went back with the policeman and found that—I missed the train and had to walk from Hoxton—it was past 12 when I left Hoxton—I left home about 7 in the evening, and got to Hoxton about 8—I went to a friend's house at 10, Gloucester Street, Hox-ton—I had not been to any place of amusement—I had not had any supper—I only had an arrowroot biscuit from the time I left home, and three glasses of beer—I did not have any grog—I had one glass of beer at the railway station, going, and two after that—the blow on the head was the first thing that attracted my attention—I was walking gently—there was no one near me in the street—I did not hear the man come behind me—I struggled with him directly I received the blow.
JAMES CALVERT . I am a cab driver, and live at 40, Outram Street, Cale-donian Road—I was in the Euston Road, just turning out of Ossulston Street, and my attention was drawn by cries of "Murder!"—I saw the prisoner and Mr. Sullivan struggling together—I saw the prosecutor fall; the prisoner shook himself from the prosecutor and ran away—I followed him as fast as I could—I ran as fast as he did—I kept sight of him till the policeman caught him—there were one or two persons about the street—there were five of us went down to the station—there was no one near when the prisoner and the prosecutor were struggling together—it was in a dark spot—I was by myself on the near side of the road, and they were on the off side.
Cross-examined. Q. Did you see the man directly he got away from the prosecutor? A. Yes, as soon as he shook himself off I followed him across the road—I was close on his heels—I did not see him throw anything away—I was on foot, I had just put my cab up—I was the only one following the prisoner—the prosecutor was behind me—about a dozen persons came up after he was taken—not one followed him but the prosecutor and myselt—we picked the prosecutor's hat up at the place where the scuffle was.
WILLIAM CHURCHILL (Policeman E 417). On 27th September I was on duty in the Euston Road, near the Portland Road Station—I heard cries of "Stop thief!" and "Murder!" and saw the prisoner running, pursued by the prosecutor and the last witness—I caught him and took him in custody, and charged him with stealing the prosecutor's watch and chain, and striking him at the time.
Cross-examined. Q. When he was charged, did he ask you to search him? A. When he was taken he said, "You may search me; I have no watch on me"—I saw two persons following him—several came up afterwards—persons were running from all parts when he was taken—there might have been a dozen there.
GEORGE EDSBR (Policeman Abound;133). About 2.30, on the morning of 27th September, I was on duty in the Euston Road—I saw a woman standing under a lamp post, putting a shawl over her shoulders—I went towards her, and she walked away—I went up to the place and picked up this chain and seal at the place where she had been standing—I had seen her before with the prisoner that night, in Warren Street, leading into Fitzroy Street, Euston Road—I saw them about 12.50 together—she left the prisoner and went down Warren Street, towards the railway station, and he went into the Euston Road, towards the place where the robbery was committed.
Cross-examined. Q. How far from the place where the robbery took place was it that you found the chain and seal? A. Seventy or eighty yards—I don't know who the woman was—I saw her in the prisoner's company, and I should know her again if I was to see her—I have looked for her since and have not been able to find her—I have seen her about there with other men—I found the chain where she was standing, about eighty yards from the place of the robbery, in the opposite direction to that which the prisoner is said to have run.
COURT to EDWARD SULLIVAN. Q. Did you see any woman near at the time? A. No—all my attention was directed to the prisoner when I received the blow.
GUILTY — Eighteen Months' Imprisonment.
NEW COURT.—Thursday, October 27th, 1870.
Before Mr. Justice Hannen.
MR. GRIFFITHS conducted the Prwecution.
GEORGE FLETCHER . I am waiter at the Hoop and Grapes, Great George Street—on a Saturday night, at the beginning of September, about 11.57, the prisoner and two others came in for some gin—the prisoner tendered a 6d., he was told that it was not sufficient; he used bad language, and I said that he must go out, as I wanted to close the house—he said that he would not—I attempted to get him out, and he went away—I had hold of one of the others to try to get him out, and the prisoner stabbed me in the side—it bled a great deal—I was laid up three weeks, and feel it still.
Prisoner. Q. How do you know I am the man who stabbed you? A. I saw you run out with a knife in your hand—I am quite certain of you—I described you und your clothes at the station—I saw you in the room that evening, and you were very quarrelsome—the house is frequented by sailors and women of bad repute.
HENRY WILKINS . I am also a waiter at the Hoop and Grapes—I was shutting the house up, and heard a disturbance—Fletcher told the prisoner to leave, and attempted to remove him—I saw the prisoner make a blow at him, but did not see a knife—Fletcher said "I am stabbed!"—I looked and saw that he was stabbed, and took him to a doctor—I afterward saw the prisoner in the street, and gave him in charge.
Prisoner. Q. What time elapsed from the stabbing till I was arrested? A. From half an hour to an hour—I took two other men and searched them for a knife, but we knew it was you who did it—I saw at the Police Court that jour face was disfigured, you got that in a row which jou were just coming from when we captured you—you did not appear intoxicated.
JOHN SMITHEBSON (Policeman K 50). The prisoner was pointed out to me—I took him—I cautioned him and told him it was for cutting and wounding Fletcher, at the Hoop & Grapes; he said nothing—this small pocket-knife (produced) dropped on my foot from him going to the station, closed as it is now.
The Prisoner's statement before the Magistrate was that he was senseless with drink and did not know whether he stabbed the man or not, but if assaulted he might have done so, as it was the custom of his country.
Prisoner's Defence. I see that it is impossible for you to come to any other conclusion than that I am Guilty, because I have no defence. I am a stranger in a strange land, 4000 miles from home.
Strongly recommended to mercy by the Jury on account of his being a foreigner and the character of the house he was in— Six Months' Imprisonment.
THIRD COURT.—:Thursday, October 27th, 1870.
Before Mr. Common Serjeant.
conducted the Prosecution; and MR. WARNER SLEIGH the Defence,
WILLIAM HONNIBALL . I am a box-maker, of 6, Camomile Street—on the 29th November I had a workshop in Green Dragon Yard, Half Moon Street, Bishopsgate—the prisoner had a workshop opposite my place at that time—I had in my care the hind part of a waggonette, the springs and axletree, worth about 5l. one wheel the party it belonged to had taken away—I missed these portions of the waggonette about the 29th September, I don't know the date exactly—the fore part of the waggonette was left behind—I spoke to the prisoner about the loss, being an intimate friend and in the line, and I employed him to take the fore part of the waggonette to prevent any further robbery, which he did—that was three days after I missed it—he said "It is a great shame; who has done it?" and he seemed to take an interest in trying to find it—two days after I went with him and the officer to the Cattle Market, to see if the things had been offered fer sale there—in consequence of information from the police, on the night of the 21st July, I went next morning to the prisoner's place in Talbot Court, Grace-church Street, where he had removed to, with the officer, Mr. Lye, and Mr. Sheppard, the owner of the waggonette; we there saw the things produced, they are the same I lost the previous November—the prisoner was not there.
Cross-examined. Q. Is this all you charge the prisoner with stealing? A. Yes; there are other things which he has taken away, a great crowbar which I have in my counting-house at the present time—I charge him with
stealing cot ailetree and a pair of springs; they are here; also two metal caps, they are left with the wheels at the prisoner's place, his partner asked me not to takt them out or he would not be able to use the wheels—the prisoner was net charged in the first instance with stealing the wheels—I don't charge him with stealing the scroll irons—I have never said they belonged to me, they have been put in since I lost the things—I am not a coach maker, and (Wt know which are the scroll irons—they have been pointed out to me, I cannot swear to them—these springs and ailetree are the fittings belonging to a waggonette—they were put on a truck when we found them at the prisoner's—these metal caps were brought to me after-wards by his partner's lad, two or three months ago—they might have been in my desk in my office as kte as July last—no, they could not have been, I can't swear to the date—they were lost in November and I did not receive them till July—these are patent azletrees, each has got a number, I believe; I don't identify the immber—I could identify this one from 100, because one portion of it is ground away a little by being run along the ground, and I blew the foreman up about it; that is all I can swear to—I have been told that the springs belonging to a waggonette are generally called nut crackers—I don't kniow what they call these—I don't know whether they are elliptical springs, they have been altered.
JOHN DAVIS (Policeman 921). On 21st July I went to 6, Talbot Court, Gracechurch Street, and searched a workshop there, occupied by the prisoner—I found these springs and axles, and the brass cape were given to me by Mr. Lye—I told the prisoner that I had found the springs at his place which had been taken from Mr. Honniball's premises, and asked if he wished to account for them—he said "Yes, I bought them of Charley Lye, of Half Moon Street"—he afterwards said "Well, sir, to tell you the truth, I bought them in Willow Walk"—I asked from whom—he said he did not know—he then said to me "For God's sake, sir, don't be too hard upon me"—on 20th September, two months afterwards, I apprehended the prisoner at Hollo way, coming out of the prison—ho then said he had bought them at the cattle market.
Cross-examined. Q. When you went to the prisoner's place you found a truck, I believe, and took the truck off these springs? A. No, the springs were taken off the truck—I charged him with stealing the springs, one wheel, and the axle—the prosecutor had told me that he lost a wheel, and gave me a description of it—I did not find that the prisoner had bought that wheel of Mr. Lye—I found two wheels there which I know were bought of Mr. Lye, the other wheel has never been found—it was a narrow escape that I did not apprehend Lye on the prisoner's statement, when he was innocent—there was another officer with me when the conversation took place; be is not here; the Magistrate thought it was not requisite, the prisoner pleaded guilty there, and begged the Magistrate to deal with the case—Mr. Honniball, Mr. Lye, and ifour or five others were present—I am not a school-fellow or old friend of Mr. Honniball's—he is a friend as far as being a tradesman, like hundreds of others—I know him very well, and have had a glass with him—I did not find any double springs on the prisoner's premises.
CHARLES LYE . I am a lithographic press-maker, of 55, Half Moon Street, Bishopsgate—I gave the officer two brass caps—I got them out of a tub belonging to Mr. Elsey, the prisoner's partner—I can't remember the time; it was since July, if I remember right—Mr. Elsey's sou brought
the tub to my place, after the prisoner was in custody—I had no conversation with the prisoner about the caps—I never sold him the axletree and springs produced.
. Cross-txamined. Q. You sold him a pair of wheels? A. Yes—Davis, the officer, came to me—he did not tell me he had charged the prisoner with stealing the axle and springs, and a pair of wheels—he asked whether I had sold him some wheels—he did not say the wheels were Mr. Honniball's, and the prisoner was suspected of stealing them—he asked if I had sold the prisoner the axletree, springs, and wheels—I said I had sold him wheels, but no axle tree or springs.
JONATHAN SHEPPARP . I am a timber merchant—I intrusted a wag-gonette to Mr. Honniball—a wheel was taken off it—I believe Mr. Honniball has it—I have looked at this axle, I can't say whether it is the axle of my waggonette or no—I believe it was never in my possession—I do not believe it is my axle, the maker of these makes some hundreds—I have seen the prisoner's solicitor—I have not asked Mr. Honniball to withdraw from the prosecution—I told him I actually could not swear to the things—I did not in the presence of the officer ask Mr. Honniball to withdraw from the prosecution—I told him to be merciful—I can't tell whether the brass caps are numbered—I have seen them before—I can't tell whether they belong to the axletree—I never saw any number on them—I live at 37, Thomas Street, Brick Lane—I have been subpoenaed here by the prosecution—I believe my axle is very similar to this, but I can't swear to it—I believe it is mine, but I should be sorry to swear positively to it, mine was longer than that—I do not believe it is mine—if I said I believed it was mine it was a mistake.
Cross-examined. Q. You mean that this is very similar to yours, but you would not like to swear, when a man is on his trial and when these things are made in large numbers, that that was your particular axle? A. That is what I mean—I told the prosecutor I should not like to swear to it, and advised him to be merciful, and I told the prisoner's solicitor the same thing.
MR. BBSLIY. Q. After you had seen the prisoner's solicitor, did you sthreaten Mr. Honniball that if he proceeded in this matter, he would have an action against him? A. Never.
JAMES LOCKHART . I am a cooper, of 57, Half Moon Street, Bishopsgatt—about the latter end of last November I saw the prisoner go up Mr. Honniball's yard and bring out a pair of springs and an axletree, and take them away—he took them from the further end of the yard, where the waggonette chaise was—I did not see him take them off the waggonette; there was no other vehicle in the yard except that—I was at work there.
Cross-examined. Q. Who are you at work fort? A. I am a master for myself—I don't employ any men, except I have a large job—I work for Mr. Wyatt at times—I have an order from him now for half-a-doszen barrels—Davis did not speak to me about this, he gave me a subpoena to come hers last week or the week before—I was not examined at the Police Court—I saw the prisoner bring the springs out of the yard; he would have to go through the gates—I have been unjustly accused of having a barrel of pickles belonging to Mr. Wyatt—I was never charged—this man, or some one belonging to him, went and asked Mr. Wyatt if I had not stolen a barrel of pickles; but Mr. Wyatt said he had lost nothing—I have got a son in prison now; he has only been in prison once for playing at pitch and toss,
and for being in the unlawful possession of a carpet bag or something—he lives with me.
MR. BESLEY. Q. Has there been any charge made against you? A. No, I have lived in the street where I do now for seventeen years—I was sub-pœnaed before the inquiry about the pickles.
JURY. Q. When did you first hear a complaint that these things had been taken? A. It might be three or four weeks ago, from Mr. Lye, and I then stated what I had seen last November.
NOT GUILTY .
MESSRS. MITCALFE and CLARK
conducted the Prosecution; and MR. F. E LEWIS the Defence.
GEORGE ROUND . I am a clerk, in the office of the Clerk of Arraigns, of this Court—I produce five indictments, one of them is for conspiracy to steal and to defraud the Great Eastern Railway Company, against Joseph Thomas Avery, John Jordan, Peter Johnson Bodger, John Parsonage, and Edward Avery—I have the record here, made up.
JAMES DROVER BARNETT . I am one of the official shorthand writers to this Court—I was present at the trial of Joseph Thomas Avery, and others, before Mr. Commissioner Kerr, at the last Session—I took a note of the evidence given by Treadgold—he was called as a witness for the defence—he was sworn—I produce an examined transcript of my notes of his evidence—I have the original notes here. (The transcript was put in, and read; the substance of the evidence being that he had never allowed Parsonage to pass the barrier, at which he was collector, witfwut a ticket. For printed report see page 524).
JOSEPH RUSSELL . I am an Inspector of the Great Eastern Railway Company's Police—I hate been seventeen years in the police altogether—I am better known on the main line than on the Blackwall line—Treadgold was one of the Company's servants, employed as a ticket collector at Fenchurch Street—it would be his duty to collect the tickets at the exit barrier of the Blackwall line—he was not entitled to pass any persons without a ticket or the production of a season ticket—about the middle of July last, my attention was called to matters that were going on upon the line, connected with these tickets, and I gave instructions to Melhuish, and subsequently to Carter and Richardson—I received communications from them daily when they were employed—I also went down the line myself; Saturday, 16th July, was the first day—I went to Stepney that day, and followed Parsonage from his house in York Street, Stepney, to the Stepney Station—he did not take a ticket—he did not go up to the booking office at all, not within two yards—he passed up the staircase on to the platform, on the up-side, got into the train and went to London, Melhuish with him—he had to pass a barrier to get up to the platform at Stepney—he passed that barrier without a ticket—Rutterford was the man employed there, he passed him and got into the train—at Feuchurch Street he alighted from the train, and passed out of the barrier where Treadgold was—there is a double barrier, with a man at each side: he passed on Treadgold's side, with his hand in his pocket, never giving up a ticket; there was a little motion with the head, nodding to Treadgold, and he passed on—I am certain that he did not produce any ticket, or even take his hands from his
pockets; I was within a yard-and-a-half of him, he was the last passenger that passed out; I watched him very narrowly, my attention had been called to him personally; having, passed through the barrier, he passed out of the station in the ordinary way—on Monday, 18th July, I again followed Parsonage from his house at Stepney, he passed through the Stepney Station—he took no ticket, and passed the barrier where Rutterford was, without one—when he got to the barrier at Fenchurch Street, Treadgold was th'ere; he passed on Treadgold's side—he did not give up any ticket—he never took his hands from his jacket pocket—he had a short jacket on—I am quite certain he did not produce any ticket on that occcasion; they nodded to each other in the same way as they did on the Saturday, and then he passed out—shortly after I saw Melhuish and Parsonage talking in the station yard, Melhuish had come up with Parsonage from Stepney—Melhuish took a ticket at Stepney, and gave it up to Treadgold—Melhuish and Parsonage remained in conversation in the station yard, I walked some little distance away as I did not want Parsonage to see me, and shortly after Treadgold came down the staircase from where he was collecting the tickets and joined them, that was two or three minutes after I had seen Parsonage pass the barrier—they then went into Austin's public-house, which is directly opposite the door-way where they came out—they were in there seven or eight minutes; they came out together, and had a little conversation—Parsonage and Melhuish walked away, and Treadgold went up the staircase—about three or four minutes afterwards Melhuish joined me in Fenchurch Street, and made a communication to me—those are the only two occasions upon which I have personally been through the barrier after Parsonage, when Treadgold has been there—I saw Melhuish every time he went up and down the line, and on each occasion, directly he had finished his journey, he made a communication to me, and handed tickets to me which he and I endorsed—this first-class ticket, dated 6th August, No. 6040, from Fenchurch Street to Shadwell, I got from Melhuish on that day—I went to the Fenchurch Street Station with him, and within a quarter-of-an-hour afterwards I met him at another point, and he gave me this ticket—this ticket would not carry to Blackwall, not further than Shadwell—I was present at the trial last Sessions—I heard the prisoner give evidence.
Cross-examined. Q. How long has the prisoner been in the Company's service? A. I am told fourteen or fifteen years—I don't know that he worked his way up from 10s. a week—I know nothing about him except as a collector—I don't know that he worked fourteen or fifteen hours a day, it is at their own option if they do it and they get a day off in a week—Bodger, Jordan, and Joseph Avery were in the Company's service; three out of the five who were indicted last Session—they were all examined before the Lord Mayor; the Averys, I think, on 16th August—they were all taken within two or three days—I had all this information against Treadgold at that time—I knew he had been cheating the Company; I told him so—I believe he was still retained in the Company's service, in the same capacity—that has nothing to do with me—I had made a report about the whole affair—I don't know that he remained in the service until he received a subpœna to be examined on behalf of Parsonage—I don't know how long he remained—the report was made to the Company, and the suggestion was that they should be discharged forthwith—I don't know why they should be discharged, and not prosecuted as the others were—I think it was because the
others were at first charged with felony—I told all of them, on 17th August, that they would be charged; I told Treadgold and Rutterford so—they were not charged before the Lord Mayor, but proceedings were going on, opinions were taken—no proceedings were taken against them until after the trial of Parsonage; it was an understood thing that they would be prosecuted—the other five were taken into custody, and charged with feloniously stealing tickets—I did not know that these men had committed a felony; we only had one case against them, against the others there were many—I think it was the day after I took the Averys into custody that I told Treadgold he would be charged—that would be on the 16th—no one told me to take him, I did it upon my own responsibility—the Company acted against my advice; I can't be answerable for the directors—I did not take the prisoner into custody on 17th, because I had not received direction! from the Company—I had not received directions to take the other five—I don't want directions to take a man for felony; the case against them was very different—I knew that they were also charged at the Mansion House with conspiracy to defraud the Company—I knew that this man was guilty of that—I did not take him into custody then because I had not a warrant—I applied for one when I was instructed to do so—I don't know the date—I have the warrant in my pocket—it was since the last trial—I say that Treadgold violated his duty on 16th and 18th July, at the exit barrier of the Blackwall line, in passing Parsonage without a ticket—Parsonage was the only one passing at that time—he took the precaution to wait till all the passengers had gone off the platform—there are not a number of persons coming there to meet friends who go by train; they cannot get up on the departure side—this was on the departure side—I am quite positive that the prisoner passed Parsonage without a ticket—he did not take bis hands from his pockets.
MR. METCALFE. Q. You took upon yourself to take into custody those who were found in possession of tickets, and dealing largely with them? A. Yes—I reported the prisoner and several others as passing people, and left it to the Company to do what they thought proper.
CHARLES RICHARDSON . I am a junior clerk in the detective department of the Great Eastern Railway Company—in July last I received inatructions from Inspector Russell, in consequence of which I went on the line to look after the prisoner and Parsonage—on 21st July I went to Fenchurch Street Station at 4.30, and there saw Parsonage and Melhuish—neither of them took a ticket—I went by the train with them—at Fenchurch Street they passed through the barrier, where Jordan was on duty—I bad seen Parsonage that morning ceme from his house to the Stepney Station—he did not take a ticket—Rutterford was on duty at the barrier going up to the platform—Parsonage did not show any ticket to him—he got into the train, and I came up with it to Fenchurch Street—I saw him pass through the barrier there, where Treadgold was on duty—he gave him no ticket; I am quite sure of that—neit day, 22nd July, I saw Parsonage come from his house at Stepney—I followed him as before—he took no ticket—Rutter-ford was on duty there—he did not show him any ticket—I came up to Fen-church Street, and saw him go through the barrier there—Treadgold was on duty—he did not give tip any ticket—on 25th July I saw Parsonage at Stepney; I did not see him go from Stepney that morning—I saw him at Fenchurch Street at 9.45, and saw him go through the barrier—Treadgold was on duty—he did not give up a ticket.
Cross-examined. Q. How old are you? A. Sixteen—I was set to watch—I was a witness at the last trial—I was employed to detect whatever I could see; this is my book—I am sure of what I am stating, it is all true.
MR. METCALFE. Q. Did you also see Parsonage pass the barrier where Treadgold was on the 19th? A. Yes, without producing a ticket—I was behind him, following him—I was employed to do so, to see what he did, and to notice the barriers he went through, and take the names of those who allowed him to go through—I followed him on several other days besides those I have mentioned, through the same barriers, with different men—my general duty is to take the numbers of the cabs as they go out from the station, and ascertain where they go to.
JOHN CARTER . I am a clerk in the police department of the Great Eastern Railway Company at Bishopsgate—I was instructed by the officers of the Company to notice Parsonage, and to attend to what was going on—on the 23rd July I saw Parsonage go to the Stepney Station at 9.30, with Melhuish; he did not take any ticket, he passed up the stairs and through the barriers without producing one—Rutterford was at that barrier—they arrived at Fenchurch Street about 9.40—I saw them go through the barrier there—Melhuish went on one side and Parsonage on the other, the left, where Treadgold was on duty as collector—he did not produce any ticket—I am quite sure of it—I was watching him—I was neit behind him—he was about the last—he hung back very much—a man named Sher-ringham I think was at the other barrier, I would not be quite certain—he then left the station—I did not see him pass Treadgold on any other occasion—I have seen him pass this barrier on many occasions without producing any ticket, and also go through Stepney Station without taking any ticket of any description, and both to and from London.
GEORGE MELHUISH . I am a clerk in the service of Messrs. Blagg and Edwards, solicitors, of St. Alban's, and have been so for three years—in consequence of a ticket being offered to me by some person on the line, I communicated with Inspector Russell, and in consequence of what he said to me I watched what was going on upon the line; I noticed Parsonage particularly; I had known him before—I have repeatedly seen him with Treadgold, first a little before the 16th July, and sometimes Jordan with them, and sometimes Bodger; two men who were convicted last Session—that has been at a public-house just by the side of Fenchurch Street Station—I have repeatedly seen Treadgold pass Parsonage without giving up a ticket—I have been in a position to see that—he has told me just before he came to the barrier "See, I have got no ticket" and he has walked by with his hands in his pockets, never taking them out—I was furnished with regular tickets, I either took them at the station or Mr. Russell sent them to me; I kept these and gave the others up—I saw a ticket obtained from Treadgold one Saturday, about the 6th or 7th August—Jordan, whose duty it was to nip the tickets, said to me "Do you want to go down the line"—I said "Yes"—he said "I will get you a ticket" he went up stairs and spoke to Treadgold, and Treadgold gave him half a first-class ticket to Shadwell—I saw him do it, he took it from his pocket with several others—it was not clipped—it was a half first-class ticket from London to Shad-well—Jordan gave that ticket to me, and within five minutes I gave it up
to Mr. Russell and endorsed it, after leaving the "train at Sfcadwefl—this is the ticket (produced), I find my writing and Russell's upon it—on the 16th or 18th July, Russell went up with me from Stepney—Parsonage passed Rutterford at the barrier there, and Rutterford said something to him; that was on the 18th—we went on to Fenchurch Street, and I saw Parsonage pass through the barrier where Treadgold was, without giving up any ticket, and in fact without taking his hands out of his pocket—I passed the other barrier where Sherringham was, and gave up my ticket—Parsonage said to Treadgold "Come and have a glass of something to drink," and we went to Austin's public-house opposite—Treadgold came also—I went with them, in their company we had a glass to drink, and Parsonage said to Treadgold "There is a b—detective after us, you had better warn the people here, it has already been done at Stepney"—Treadgold said "No matter, all the b—s on earth can't catch us"—I think on that occasion I asked him how they managed when they had a new man at the barrier—he used some strong expression, and said "We bring all the b—s in the same way within a week, and in case there is a detective at the barrier at any time we go back in the same train that we go up by, and procure proper tickets at Stepney"—they get out on one side of the carriage and get in at the other side and go back again—Rutterford had said to Parsonage at Stepney "Look out, there is a b—detective after us"—he replied "All right," or something like that.
Cross-examined. Q. What are you? A. A solicitor's clerk, in the service of Messrs. Blagg & Edwards, of 6A, Victoria Street and St. Alban's—I am at 6A, Victoria Street now—I have never been at St. Alban's—my employers knew of my playing this detective part, after it took place—I undertook it entirely upon public grounds—I was offered a ticket, and I would not take it—I first knew Mr. Russell, through a friend of mine—I was lodging with a cousin, who was a friend of his—I did not express a desire to be introduced to Mr. Russell—one night, about two days after this had occurred, I was at supper with Mr. Russell and my friend, and I said "I wish I knew someone connected with the Great Eastern Railway, there is a serious fraud being committed upon them every day"—he said "What is it?"—I told him what had been done, and a few days afterwards he wrote to me to come and see him—I did not desire to see him—I did not know that he was connected with the railway—about three years ago I was a witness, with Mr. Russell, in a case, I detected a man stealing a watch, and I called Mr. Russell at the time, I think—I am twenty-one years of age—when I gave information to Russell he asked me if I would associate with these people, and I said "Certainly"—I was associating with them for the purpose of detecting the fraud; not as a conspirator—I gave information to the police, and took their instructions what to do—I certainly was not leading them on to believe that I was going to split upon them—if I had told them that, it would have blown the whole thing up—I did not lead them to believe anything—Parsonage knew that I knew of this fraud—he had been doing it for fifteen years—I did not lead him to believe I was his friend—he told me he had only paid seven threepenny fares in fifteen years—I did not go about drinking with him—I gave information to the police the first day I knew of it—I was going to Poplar with him one Saturday afternoon, and he said "What class do you travel?"—I said "First-class"—he said "I will tako the tickets," and he went and got two tickets—I said "This does not suit me, Parsonage, I will not travel with these," and I went and got two
other tickets, and I gave information to the police—I afterwards associated with them for the purpose of detecting this fraud, and seeing the extent of it—I have seen him take three or four persons down by the same train, without taking a legitimate ticket, and I have seen twenty-seven persons pass in one night without taking a legitimate ticket—Parsonage knew I was a solicitor's clerk; be knew roe eighteen months, through my friends—I don't suppose be thought I should betray him—I took notes, and gave them to Mr. Russell immediately I left the train—he met me by appointment every night—I am sure I heard Treadgold say to Parsonage "There is a b—detective after us"—I was close beside him—I could not mistake a man I like that, when I have seen him repeatedly; I have been travelling the line I two years.
MR. METCALFE. Q. Ton were at that time associating with Parsonage, I you had known Parsonage before, and were treated as a friend of his? A. Yes—he passed Treadgold again on the 20th, and I think again on the following Saturday, the 21st or 23rd—I was with Carter on the 23rd—he he passed Treadgold then without producing a ticket—I think, on the whole, I am passed Treadgold twenty times—I saw him, I think, on the 19th or 21st, I am not sure—I was with Richardson once or twice when he passed him.
MR. LEWIS. Q. Did you take any note of the dates? A. I booked all the tickets when we came back, on the same day—I know the times as well as possible, it has been brought too much to my mind.
GUILTY. Recommended to mercy by the Jury on account of his previous good character and long service — Eighteen Months' Imprisonment.
851. JAMES HENRY DANIELS (31), was indicted for unlawfully conspiring with TREADGOLD and RUTTERFORD , to cheat and defraud the Great Eastern Railway Company, and to defeat the due course of law and justice.
MESSRS. METCALFE and CLARK
conducted the Prosecution; and MR. E. LUCAS the Defence.
CHARLES RICHARDSON . On the afternoon of 21st July, at 4.35, I saw Parsonage at Fenchurch Street—he did not take a ticket there—Melhuish was with him—he went through Jordan's barrier—I went to Stepney in the same carriage, and at Stepney I saw him pass the barrier where Daniels was on duty—he did not give up a ticket, I am sure of that.
JOHN CARTER . On 26th July, I followed Parsonage from Fenchurch Street at 4.10—he took no ticket—he passed Bodger there, got out of the train at Stepney, and went down the steps slowly, looking behind him—Daniels was at the barrier—Parsonage did not produce or give up any ticket, he passed and nudged him with his elbow, and Daniels said "How are you, old boy?"—next day, the 27th, Parsonage entered Stepney Station about 9.30, Daniels was on duty—Parsonage passed by him a little way, then returned and spoke to him—I did not hear what was said—I was six or seven yards away—I saw Daniels take from his right-hand trowsers pocket a number of tickets, and after examining them, he gave Parsonage one—it was a third-class clipped ticket—I could not see the station—Parsonage held it up between his two fingers, and I could just see the clip between his fingers—he then went on by the train—I should think Daniels took as many as thirty tickets from his pocket, a good handful, a
great bunch—he was looking through them with his left-hand, and he selected one—it was not done openly at all, in a covert manner, so that it should not be observed if possible.
Cross-examined. Q. Then he appeared to take these tickets out of his pocket, look through them, and select one? A. Yes—it is possible a man in going out with a return ticket might give up the wrong half—the tickets he was collecting he put in another place behind him, and this was a single whole ticket—I could tell that by the size of it—I could see it very easily as Parsonage held it up and looked at it.
GEORGE MELHUISH . I have seen Daniels at the barrier at Stepney, and have seen Parsonage pass through when Daniels has been there, eight or nine times or more—I have never seen him produce a ticket to Daniels, or give one up—I have seen him go through repeatedly without doing so; he used generally to keep both hands in his waistcoat pocket—I have heard them speak together, and they used to go and drink together—and one night I heard Daniels say to Parsonage, "Your friend (meaning me) can come by at any time"—Parsonage lived at Stepney, just opposite the station, thirty or forty yards off.
Cross-examined. Q. You are the lawyer's clerk who went up with thase people, I think? A. I am.
Tht prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury on account of his long service. — Fifteen Months' Imprisonment.
FOURTH COURT.—Thursday, October 27th, 1870.
Before Mr. Recorder.
MESSRS. POLAND and ST. AUBYN
conducted the Prosecution; and MR. DIGBY SEYMOUR, Q.C., and MR. F. H. LEWIS the Defence.
NOT GUILTY .
OLD COURT.—Friday, October 28th, 1870.
Before Mr. Recorder.
MR. SERJEANT SLEIGH, with MR. MONTAGU WILLIAMS conducted the Prosecution; and MESSRS. PATER and WOOD the Defence.
FERDINANDO— GUILTY of Libel — Fined 30l., and to enter into recognizances.
YARDLEY, LAING, and WEBB— NOT GUILTY .
NEW COURT—Friday, October 28th; and
OLD COURT—Saturday, October 29th, 1870.
Before Mr. Common Serjeant
MR. H. S. GIFFARD, Q.C., MR. F. H. LEWIS, and MR. BESLEY, conducted the protection; and MR. SERJEANT PARRY., with MESSRS. POLAND and COLLINS., ithe Defence.
WILLAM PARRY . I am a civil engineer, but am oat of business now, and reside at Hornchurch, in Essex—I have for some time had business transaction with the prisoner, in some of which I made a profit, and in some a loss—I received this prospectus (produced) from himself, on the first occasion of entering his office, on 15th October, 1868; but for nearly two years, up to May last, his business was not in connection with this prospectus—I asked the prisoner in July if I could purchase 5000l. Turkish 1869 Stock, upon the terms of this prospectus, which I had kept—(there was to be a double drawing on that stock, which was to come off in September, which I was not aware of, and the dividends were payable on 1st October) he said of course I could—I asked him what collateral security he wished for—he said, "1700l. Stock of 1865"—he went out, and after a little while, came in and told me that he had not been able to get them under 60l., and gave me this contract note, "Sold to Wm. Parry, Esq., on loan account, 5000l., net 60l. 3,000l. R. Taylor & Co."—this agreement was then prepared (Read: "Memorandum of Agreement made 15th July, 1870, between William Parry, of Hornchurch, Essex, Esq., of the one part, and Richard Taylor, of 12, Clement's Lane, Lombard Street, London, of the Investment, Loan and Bank Agency, of the other part, for a loan of 3000l., for six months, at interest at the rate of 5l. per cent per annum. Whereas the said William Parry (hereinafter called 'the Borrower') has borrowed from the said Richard Taylor (hereinafter called 'the Lender') for the term of six calendar months, from 15th July, 1870, the sum of 3000l., and for securing the repayment thereof, with commission and interest, after the rate and for the time above mentioned, has deposited with and transferred to the said Richard Taylor the following certificates of stocks respectively, namely, 3000l. Turkish 6 per Cent 1869, 1700l. Turkish 5 per Cent 1865. Now the parties hereto in consideration of the premises and the mutual agreements hereinafter contained, do hereby mutually agree with each other, and declare as follows: 1st. That the borrower shall, on 15th January, 1871, pay to the lender I the sum of 3000l. and commission stamps, and registration charges 1s. together with interest after the rate aforesaid, on the said sum of 3000l., from 15th July, 1870, 75l., making, together, 3075l. 1s., without any deductions. 2nd. That during the continuance of the said loan all dividends and bonuses receivable and received by the lender, in respect of the stock, as aforesaid, shall be placed to the credit of the borrower, and all calls made upon or in respect of all or any of the stocks as aforesaid, shall be added to the sum borrowed, as aforesaid, and bear interest after the rate aforesaid, from the time of making the same respectively; and the borrower shall, on the said 15th January, 1871, pay the amount of such calls, commission, and interest, to the lender. 3rd. That the borrower shall have the option of declining or accepting any new shares to which (if created) he would be entitled, in virtue of the stock and shares aforesaid; but the borrower must and hereby agrees to hold the lender free from all liability, risk, payments, and expense which may attend or be consequent upon the acceptance thereof. Loan, 3000l.; interest, 75l.; stamps, one shilling; total, 3075l. 1s."—(The 4th and 5th clauses wert erased. The 6th clause stated that in case the borrower made default, the lender might immediately close the
account, by placing to the credit of the borrower the value, of the stock and shares, at the market price, at 2 o'clock on the day on which the account was closed; but any deficiency to be made good to him by the lender. The 7th clause authorized the lender to deal with the stock and share as he thought fit at his own risk. The 8th clause stipulated that upon the borrower repaying the full amount, the lender shall deliver to him the stock and shares depointed or a corresponding amount in stock and shares, or else pay the value in, cash; and the 9th clause authorized the same terms between the executors and administrators of the parties. Signed, July 15th, 1870. William Parry. Richard Taylor. In the presence of C. P. Springsguth)—I had to deposit with him 1700l. of Turkish 1865 Stock—he had in his hands 400l. of that stock, and I gave him some more next day, and some more afterwards, making the 1700l.—at the time I parted with the 1700l. I believed that Taylor Co. had taken up the stock and paid for it—I did not know anything of Mr. Tripp, only as the manager—on 24th or 25th July I was desirous of purchasing another 5000l. worth of 1869 Stock—I had written to the defendant on the previous evening, and on 25th July I followed my letter, and the defendant said "I have got your letter, and done your business with Hamilton, at 49l.—he gave me this contract note—(Read: "Sold contract, July 25th, 1870. Sold to William Parry, Esq., on loan account, 5000l. Turkish 6 per Cent 1879, at 49l., nett 2450l. R. Taylor & Co.")—He made some little Cent., lation as to the collateral security, and said that 1500l. or 1700l. would do, and I named the lesser sum, of course, and said "Say 1500l."—that was of the same stock, Turkish 5 per Cents, 1865—I then entered into an agreement, corresponding to the previous one, but alleging a loan of 2450l., for twelve months—(produced)—on the 27th I took to the defendant the 1500l. Turkish Stock agreed upon—when I parted with it I had no doubt whatever that Taylor & Co. had taken up the stock—on 26th August I wrote this letter to the defendant—(This stated that the bonds had been is course of exchange for the last month or so, and requested Taylor & Co. to send the numbers and amounts of the bonds, without lost of time)—I received this answer—(Read: "August 27th, 1870; William Parry, Esq. Dear Sir. We are quite aware that the bonds for Turkish, 1869, have been delivered in exchange for the scrip, because we ourselves the day before yesterday had some in our hands; but the drawing will not take place on September 5th, unless, we have been misinformed. On September 1st we will obtain the numbers for 1000l. stock for the ensuing drawing, and will send them to you by that post. Yours faithfully, R. Taylor & Co.")—I also wrote this letter—(Read: "July 24th, 1870; Messrs. Taylor & Co. Gentlemen. I am desirous of purchasing another 5000l. Turkish 6 per Cents., 1869 Stock in the surae manner, and if possible on the same terms as my last purchase; but for twelve mouths certain. Kindly do this at the lowest possible quotation, and let me know what amount of Turkish 5 per Cent Bonds to bring in as security against this new loan. William Parry.")—I received this letter from the defendant—"September 1st, 1870—Dear Sir, the numbers for the drawings of the 10,000 Turkish 1869 Bonds shall be sent you by to-morrow's post should we fail to receive them by 4 o'clock this afternoon. R. Taylor & Co."—I did not receive them, and wrote this other letter on September 6th—(This stated, that not having received the numbers of the bonds, and the double drawing having taken place the day before, Mr. Parry considered, that as Taylor & Co. had not kept their word, he considered the loans annulled, and requested the immediate return of
the 3,200l. Turkish Bonds deposited as collateral security, and unless they were speedily delivered, he should instruct Messrs. Lewis & Lewis to proceed to recover them, as he meant to have the transaction unmasked.)—I then received this letter—(This was dated 7th September, 1870, from W. E. Barron, of 29, Queen Street, reminding Mr. Parry, in reply to his threats, that the clauses in the agreement, giving either party liberty to terminate the loans before the period for which they had been made, were struck out by his own request, but that Messrs, Taylor & Co. offered to credit his account with the full market price of numbers for 10,000l. Turkish Bonds, which at 5/8, this would be 62l. 10s.)—I had seen both Tripp and a person who represented himself as Taylor, about obtaining the numbers, but my business was always done with Mr. Tripp—after I had written my letter, I went to the office, and Mr. Tripp said that they could not discuss matters with me after the receipt of my letter, and must refer me to their solicitor, and after that I received Mr. Barren's letter—I went to 41, Haymarket, and found Mr. Tripp there—the place was called, "Bank of Deposit," I think, and the name up was "Tripp & Co."—I saw Mr. Tripp there, and said that I had called at their place at Clement's Lane, and not having found him there, had come on about the numbers—he said that they had not received them yet, that it was very difficult to get them—he told me at one time, that he was only the manager at the office in Clement's Lane—I always understood that Taylor was the principal, but I do not know that Tripp said so.
Cross-examined by MR. SERJEANT PARRY. Q. Before you went to the office of Taylor & Co., had you speculated at all on the Stock Exchange? A. No, but I had invested as I accumulated a little money—from October 1868, to May, 1870, I had a good number of dealings with Taylor & Co., but those were investments also; I had no speculative business—I used not to pay and receive differences—he has paid differences to me—I have bought and sold stocks, and drawn a cheque for the difference, but not as a speculative transaction—I sell one stock and buy another, and if there has been a little difference I have paid or received it, but not time bargains—I have always advanced my own money to buy the stocks—I have sold bonds, and received the money from Taylor & Co, 800l. or 900l., and sometimes double that amount—they have always paid me the difference, and their cheque has always been honoured—from October to May, 1870, I had made money, thanks to myself, and no one else—Taylor & Co. simply followed my instructions to buy or sell—I made 700l. or 800l. during that time, more or less—when I purchased these Turkish Bonds the price was 60l., and between the 14th and 24th July, they had fallen to 49 1/2, which alarmed me to this extent that I thought it was time to average, to "hedge" my bets—a week or ten days before I wrote the letter asking for the numbers, these stocks hod recovered themselves, so that taking the two loans I believe I could have sold out, and paid Taylor & Co. all their charges and had 100l. to receive—I may have seen Mr. Taylor at the office a score of times—he was not present when the agreement was made—I have never done business with anyone but Mr. Tripp—I read this agreement over carefully before I entered into it—as to the fourth and fifth clauses Mr. Tripp pointed out to me that when the term was a fixed term, six or twelve months, it was usual to put a pen through those clauses, and I said "Put a pen through them."
Q. Did not you wish that the agreement should be for six months certain, and that neither borrower nor lender should have power to close it before
that time? A. Of course—I thought it was for six months certain, and the other one was for twelve months certain, always supposing that they really bought the stock—from October 15, 1868, up to the end of May, 1870, Taylor & Co. had given me every satisfaction in the business they had done for me, in consequence of which I introduced my relations, and they have no reason to complain, that I am aware of—they had actual transactions with Taylor & Co.—I did not introduce Mr. Dearden to them for the purpose of speculation—I looked upon him as a friend of mine; we look upon persons as friends until we find that we have made a mistake—he had dealings with Taylor & Co., but you must not take my introduction to that firm in connection with what they did afterwards—I believe they lost by him, much to my regret, but I do not know how much—Mr. Dearden did not behave honourably, and I cut his connection in consequence—I know that up to the first settlement they lost about 160l. by him—I know nothing about any subsequent dealings—I never heard that they had lost thousands—I always received sold notes similar to these on all those transactions, but the words "or loan" were omitted, it was the same printed form—the bonds which were drawn would be paid off at par, on 1st October—the announcement that there would be a drawing in September was made long before I bought in July—I had not consulted anyone when I wrote the letter of 6th September—I wrote the draft of it in the City, and intended to have posted it then, but I thought I would give them a chance of sending me the numbers by the next morning's post—I had not then consulted Lewis & Lewis; I simply knew them by reputation—in the first agreement I buy 5000l. Turkish Stocks, worth 3000l., and in order to do that I deposited with Mr. Tripp 1700l. Turkish Stock, the greater part of which cost me 54l. to 54 1/4 l.—I cannot say whether the value in the market was as low as 33, but the value of that 1700l. stock would be seventeen times the market price—out of that 1700l. I had beforehand deposited 400l.—I believed that Taylor & Co. would advance me hard cash the difference between the two, in order to purchase the stock.
COURT. Q. They were to advance in cash the difference between the value of the stock deposited and the stock which they bought? A. Yes.
MR. GIFFARD. Q. Were the transactions wherein you were quite satisfied with Taylor & Co., those where you advanced the money yourself? A. Yes, and those transactions only—I paid my money for the stock I wanted, and secured the stock—precisely the same kind of business was done by my relations and friends, they always advanced the money—I had nothing to do with the loan and investment system till July—the prisoner agreed to accept the stock I deposited with him as the proper value—I went to him first by advertisement—I do not know whether he is a broker—I had done business with one stock-broker for my sister-in-law, being away from London at the time—I read this prospectus, and it was on the terms of it that I supposed I was dealing in advancing 75l. per cent—I never understood that they were to sell my deposited stock and not buy stock for me at all.
EDMUND JOSEPH STREVENS . I was in the employ of Richard Taylor & Co., at Clement's Lane, as junior clerk—Mr. Tripp engaged me—Mr. McCutchin was the senior clerk—I was there about nine months, and left about eight months ago—I used to see Mr. Taylor there nearly every day—Mr. Tripp used to see the customers—this is my signature as a witness to the agreement of 29th July—this "Kichard Taylor & Co.," is Mr. Taylor's writing—
this was taken from some which were kept ready signed in a safe in the office—I used to keep the books—I have the stock-ledger here.
Q. What is the account of Richard Taylor & Co. and Knight and Green well, I think you will find it is a debt of 5000l.? A. Yes, about 5000l.—they are stock-brokers with whom Taylor & Co. used to do business—these bills (produced) are in Mr. Tripp's writing—they are drawn by him, and accepted by Taylor & Co.—the drawing and the acceptance are in their respective writings—I saw the 1500l. Turkish 6 per Cent, of 1865 in Mr. Tripp's possession—on 21st July, here is an entry "Soled to Hamilton 1300l., that shows that it was received from Parry on the 13th—this 448l. 10s. on 21st luly is right—on 27th luly, 1500l. was sold to Hamilton for money, and 556l. 17s. 6d.; the date is not here—on 30th June 400l. of this Turkish Stock went to Knight & Green well for 209l. 10s.—I have one of the agreements here, the stock which was to be bought under this agreement was not bought—this agreement of 4th July, is executed by Richard Taylor and the Misses Allen, it is one of those left in blank—(This was between the Misses Jeanette and Wilfred Allen, and Taylor & Co., for a loan of 1233l. 2s. 6d. for twelve months, from the 4th July, at 5 percent, per annum, and 1 percent, commission, they having deposited 3000 Turkish 5 per Cents, of 1865, 3000 Guatemala 6 per Cents. 1869, 6000 Viceroy's Loan 7 per Cents., 3000 Turkish 1869 Stock, 1000 Italian 5 per Cents, of 1861 ex-dividend, 1000 Turkish 1863 Stock, and 3000 Honduras 10 per Cent. Railway Stock.)—The other stocks down to the 3000 Honduras Railway Stock were purchased—we paid the difference between them and selling them—we bought them on 4th July of Knight & Co., for the account of 15th July, and sold them at various dates—we sold them for the 15th—we carry 15,000 Turkish 5 per Cents, of 1865 over, and on 14th July, we sold 1000 Turkish of 1863, 1000 Italian of 1861, 3000 Turks of 1869, 6000 Viceroy of Egypt, and 3000 Turks of 1865; and on the 15th, we sold 3000 Guatemalan of 1869; on the 14th, we sold all but the Guatemalas, and on the 15th we sold the Guatemalan—when we had sold them all, there was a difference of about 3000l., which was part of the debt due to Knight & Co.—on 4th July, we sold to Knight & Co., 3000 Honduras Old Stock for 2400l. cash, which was received on that day—the banking account was kept in Mr. Tripp's name at the Consolidated Bank—this agreement of 15th July, between the Misses' Allen and Taylor & Co., is filled up by Mr. Springsguth, and executed by" Mr. Taylor. (This was for a loan of 12,235l. for twelve months, at 5 per cent., stock deposited, 3000 Honduras New Loan, all paid.) There was to be bought 7000 Turkish 1869 6 per Cents., those were not bought; 5000 Turkish 5 per Cents., those were not bought; 2000 Guatemalas of 1869, those were not bought; 4000 Italian 5 per Cents, of 1861, those were not bought; and 3000 Egyptians of 1868, those were not bought—on 18th July, we sold 1500 of the 3000 Honduras, to Knight & Co., for 1185l., which they still hold—for half of it we actually received the money, and half of it we paid to Knight & Co. on the same day, for money owing to them—on 1st August, 1100l. was transferred to Tripp & Co. by Richard Taylor & Co.—the heading is "lames Tripp, on account of 41, Haymarket"—Mr. Tripp drew that 1100l. out of the Consolidated Bank.
Q. Can you tell me by looking at the books and the payments where that 100l. came from? A. Here are various'smallamounts, the largest is 2400l., on 4th July, which was the money received for Miss Allen's stock—when that 1100l. had been transferred it closed the accounnt the Consolidated,
it took all out—this (produced) is Mr. Tripp's pass-book; the balance to the credit of the firm on 3rd July, was 37l. odd, and the cheques drawn on the other side amount to 31l., leaving a balance of 6l.—I wrote this letter (produced) by Mr. Tripp's directions, and he signed it (Read: "Mrs. E. J. Cooper, Minick Square, Southwark, July 8, 1870. Madam, Mr. Gandee, in handing to us your note of the 5th instant, informed us that he claimed an interest in your loan agreement, which of course we cannot admit without your written authority. We are sorry to say that in consequence of very heavy losses lately sustained, we have been obliged to ask indulgence from our larger creditors, and we have not a doubt that an honourable arrangement might have been carried out, but for the proceedings which Mr. Gandee has thought proper to adopt. Irrespective of the consequences to our creditors and to ourselves, which must ensue if bankruptcy cannot be avoided, for, in that case, we have no hesitation in saying that there will not be 1s. in the pound for the creditors, our solicitor informs us that Mr. Gandee has laid himself open to be brought up at any moment before the Old Bailey for wilful and corrupt perjury, that has been committed without any excuse, and for which he has subjected himself also to an action for damage, to an amount far beyond any claim he can have upon our estate. Had Mr. Gandee acted wisely, and left the matter to have been arranged between ourselves and his stock-broker, Mr. Lloyd, the grave consequences which will now ensue would have been avoided, and you and all our other creditors, we believe, would have been paid in full. As it is, Mr. Gandee has taken it out of our power to comply with your letter of the 5th inst., and has left us no alternative but to seek the protection of the Bankruptcy Court, or allow him to have a fraudulent preference over our other creditors. RICHARD TAYLOR & Co.")
Cross-examined by MR. SERJEANT PARRY. Q. This pass-book, I see, extends to July Uth, 1869; had Mr. Tripp banked here before that, or was that the opening of the account? A. I was not with him then, I cannot say—none of the books show that the balance of 1100l. taken to the Deposit Bank was drawn against by Taylor & Co.—I cannot say where it has gone to now—all those transactions were completed by 1st August—I had no pass-book for the Deposit Bank in the Haymarket—this (produced) is the cash-book of R. Taylor & Co.; it shows that on 10th August, Taylor & Co. drew out of the Bank of Deposit 384l. 7s. 6d.; on the 17th, 375l.; and on the 19th, 131l. 16s. 4d., 66l. 10s., 80l., and 4l., for the purposes of the business—if the money had remained in the Consolidated Bank, it could have been drawn out from there—I make it 1040l. drawn out on 19th August—every thing relating to these four agreements was entered regularly in the books—I entered some of them myself—a regular account was kept by me and the other clerk of all the transactions of Taylor & Co.—I only knew Mr. Taylor while I was there—I have got Knight & Greenwell's stock account from the beginning, on May 31st, 1869, down to August 2nd, 1870, when it was closed—it represents the different stock that Taylor & Co. purchased of and sold to Knight & Co.—all the books were taken possession of by the police.
Q. Do you know of any book in the office which shows that Knight & Greenwell's account extended over 1868? A. None except the ledger—the first entry in the ledger is May 1, 1869—from June 4 to June 28 this year, purchases were made by Taylor & Co. from Knight & Green well, amounting to about 58,000l.—that would be settling day—at the end of
June there was a balance of 318l. due to Knight & Greenwell—on the 8th June I have three sums of 10,000l. Turkish Bonds, making 30,000l. porchased by Taylor & Co.; and on the 13th 22,500 Turkish were bought, and on the same day 10,000l., and on the same day an 1000l., and 10,000l. on the 17th, and 10,000l. on the 18th, and 2500l. on the 20th, and Spanish Stock was bought besides—July 15, was the account when the balance against Taylor & Co. was 3993l.—the balance against them had increased—this account of Knight & Greenwell shows the balance against them on every settling day—on the 28th June 15,000l. Turks were bought, also 3000l., and on the 30th 3000l.—I find 5000l. on the 30th and the next is 15,000l.—ou July 4, I find 30007. Turks, and 3000l. again—as far as it appears by this boek there is a contract of purchase for those stocks—on July 4, I find 3000l. Turks, and 3000l. more, and 1600l. more; on the 9th 200l., and on the 13th 300l.—the dividends are payable by coupons—on July 15, here is "Dividend, leas tax, on 68,400l.; Turkish Bonds, 1685l. 10s."—the balance against Taylor & Co. on the 15th July was 3993l.—on the 13th July 30,000 Turkish Bonds were bought, and 5,000 on the same day, and on the 14th 15,000 Turkish 5 per Gents., and 1000 Turkish of 1863, and 3000 Turkish Stock—there is no purchase of Turkish Bonds after the 15th July—Messrs. Knight & Greeuwell have failed, I believe—Mr. William Parry's account contains an account of all the transactions between him and the firm of Taylor & Co., it began on October 15, 1868, the whole of his account is here—besides Knight & Greenwell's account there is a general stock account, which runs from the commencement of the book, folio 1, and here are other miscellaneous and general accounts, the Lombardo Venetian is a separate account—there is no general stock account showing the whole amount of transactions for the year, if you want to get at that you must add up the separate accounts for the year—Mr. Parry's account is not in this book, this is the Stock Ledger relating to stocks of all kinds—this other is the general ledger, it contains the names of all the clients—Miss Allen's account appears here—Mr. Taylor used to stay regularly during the hours of business, 10 to 3, and I was there from 9.30 to 4—there is an account in the books of Mr. Tripp as manager—I have got an index to the names of the customers, and there is a similar index to the stock-book—this is Mr. Tripp's account, there is a balance in September, 1870, of 41l. 15s. 9d.; his salary was 850l. a year—this account was kept by Taylor & Co., the end of it is in my writing—there were two deposits of 1700l. and 15,000l. Turkish Stock—1300 of the 1700 was sold on the 21st July for 448l. 10s., being at the rate of 34 1/8 per cent.
Q. Give me the 15,000 deposited on the 25th July? A. They were sold on the 25th at 37 1/8—I do not know when they were deposited—I have produced all the books—I had never been in a counting-house before—all the books were regularly kept—there were four clerks when I went, but it came down to two at last.
MR. GIFFARD. Q. Just turn to the books by which you show that the money transferred to the business at the Haymarket, was drawn upon by Taylor & Co., after it was transferred? A. You see here that the cheques Taylor & Co. drew are down; Mr. Tripp drew them—I saw cheques drawn by him on this firm in the Haymarket—this is my entry—this is one of the prospectuses of the business in the Haymarket (This was a prospectus of the Bank of Depotit and Investment, and Foreign and Colonial
Bank, 41, Coventry Street, and was signed "Tripp & Co.") The cash-book shews that the money drawn out by these cheques was for the business of Taylor & Co.—here is a cheque on 20th August, for 375l., to Mr. Fisher, that ought to have gone to Mr. Fisher, one of our clients; but it did not, it went baok to Tripp & Co., and was cancelled and returned to the bank—it was not used for the purpose of the Haymarket Bank—on 11th August, here is an entry "Hamilton, 125l. 18s. 3d. received, paid to Tripp & Co.," we took that from Hamilton—on the 10th August, here is drawn to Tripp & Co., 384l. 7s. 6d., that was paid to Hamilton for some stock which had been taken up—you will see that sum again at folio 638, on the debit side, on 10th August—this 1530 Spanish 3 per Cents. 1869, on Angust 9, has I expect been sold or taken up for a loan, it is a transaction of the firm for a customer, Thomas Nelson—it is down on 9th August "Spanish 1530l.,"in two separate lots, he paid for 510, and 1020l. was on loan—he had a loan and paid us interest for it, and gave us a margin. (The witness pointed out the various entries). I can give no reason why the money was paid out from Clement's Lane, and brought back again for the Haymarket business—I heard from the prisoner that there was on attachment at the suit of Gandee, on the same day that the attachment was made—I should not like to say whether that was in May—on July 22nd, 1870, we paid Gandee 525l. to settle it, that was cash; money in the safe—I do not know from Mr. Taylor whether the prisoner had anything to do with that—this is the private ledger showing a certain amount paid to the prisoner, it also shows that Mr. Taylor drew in 1870, up to August 27th, 71l. 16s. 3d.—he has not received any commission since 1867; he is debited on October 15th, 1867, with half-commission, 6l. 2s. 4d.;.—here is Mr. Taylor's capital account, balance carried down to his credit, August 7th, 1866, of 300l.—from that period to 1870, there is no addition to it, no other entry—that 300l. is placed to his credit, but it is in 1866, and I know nothing about it—this ia Mr. Taylor's drawing account, he drew from August 20th, 1866, to April 12th, 1867, 488l. 2s. 10d.; and from August 7th to November 14th, 1867, in the cash capital account, 195l. 18s. 10d. is put to his debit—he has taken it from the capital account and put it to the drawing account—here is from August 7th, 435l. 19s. 8d.; and from April 15th to August 31st, 1867, 327l. 6s. 2d.; from September 2nd to September 30th, 174l. 1s. 5d. and from October 1st to 26th, 1867, 189l. 7s. 7d.; in November he draws 126l. 3s. 7d.; and in December, 144l. 10s. 1d.; in January, 184l. 10s. 1d.; February, 84l. 2s. 1d.; March, 87l. 17s. 1d.; April, 90l.; May, 102l. 2s.; June, 113s. 1s.; July, 88l. 1s.; August, 82l. 11s.; August again, 92l. 11s.; September, 56l. 11s.; October, 60l.; and from October, 1868, to November, 1869, 41l.; that is the whole from the commencement—the prisoner's account goes back for a similar period, to June 19th, 1866—it shows 850l. every year—I only go from what the book says—these drawings represent actual cheques—Mr. Tripp sometimes drew cash; but I do not recollect giving Mr. Taylor cash—I have not seen Mr. Taylor since I told him that Mr. Tripp was taken in custody—I do not know where he is—in the general ledger I find, on 25th July, "Sold to Mr. Parry 5000 Turkish 1869, 2550l."—anything we agreed to do we put in the book.
Q. Then you do not understand that to mean that the stock is here? A. The stock is here if he likes to pay for it—that is the same with reference to the Misses Allen—although no stock was purchased, they
appear on 13th July as debtors for 12,235l.—the entry in the book it the market price of the day they were sold to the Misses Allen.
COURT. Q. Was there any stock procured? A. Of course we were buying and selling—I mean that there was an unlimited supply of stock, which we could have procured, if they wished to take it up.
MR. GIFFARD. Q. Just look at all these letters (produced)? A. These are mine, and they are signed by Mr. Tripp—this one is written by Mr. Springsguth, and signed by Mr. Tripp—(This was dated June 29th, 1870, from Taylor & Co. to the Misses Allen, stating that the price of Honduras 10 per Cent. Bonds was only 84 to 87 per cent., that the value of 2000l. stock was Men 2370l., upon which they would advance 80 per cent., say 1900l., at 5 per cent. interest, and that the money was at her immediate disposal. Another letter, dated 30th June, from the same to the same, acknowledged the Misses Allen's letter of the 29th, and stated the value of the 1000l. and two 500l. Honduras Bonds was 2540l., upon the deposit of which they offered to purchase to the value of 1200l. or 13000l., the loan being for twelve months, and offering to strike out clause 4 in their agreement enclosed, and forego the power of closing the loan before that period expired. The next letter was dated July 2nd, from the same to the same, and stated that it was to the Misses Allen's interest to purchase before the dividends were deducted. The next was dated July 11th, from the same to the same, stating that in consequence of the panic, the value of the securities deposited left scarcely any margin, and requesting further security. The next letter was dated July 12th, 1870, from the same to the same, acknowledging the receipt of ten fully paid up bonds of the Honduras Loan, as additional security)—This other letter of the 12th is my writing—(This was from the same to the same, recommending the purchase of 4000 Turks, at 45 and 60, and 2000 Guatemalas, at 70l., amounting to 3500l. for which the 1000l. Honduras Loan, received that day, would be sufficient security; and also recommending the purchase of 4000 Italian at 54, and 3000 Egyptian at 79, for which an additional 1000 Honduras would be enough margin. A letter dated 13th July, from the same to the same, enclosed two agreements for 12,235l., for twelve months, one to be executed and returned with 2000l. Honduras Stock, and the other to be retained. A second letter of 12th July stated: "Please be good enough to return by bearer 2000 Honduras. The markets are considerably better." A letter, dated September 1st, from the same to the same, stated: "The numbers for the drawings of the Guatemala and Turkish 1869 Bonds shall be sent to you by to-morrow's post." A letter, dated September 6th, from the same to the same, enclosing the numbers of the Guatemala Bonds, and stating that the "Comptoir d'Escompte" had stated yesterday that the drawing would not take place that day, but would be advertised, and they, therefore, as the Misses Allen's chance at the first drawing would be very slight, thought it best to place 50l. to their loan account, which would be equal to 1/2 per cent. on each bond)—This signature to these proceedings in bankruptcy is Mr. Taylor's writing, and this signature to this petition in bankruptcy is Mr. Tripp's.
MR. SERJEANT PARRY. Q. Is 300l. all that you find credited to him on account of capital, or is there any other sum? A. There is no subsequent entry—I saw Mr. Taylor at the office, and told him there was a warrant out for Mr. Tripp and him, and that Mr. Tripp was at Bow Street—I was just going to tell him that Mr. Tripp had sent me with a message to tell him to surrender; but he said "Good-bye," and went off.
MR. GIFFARD. Q. What did you say? A. I said "Mr. Tripp wants you
to surrender, and come down to Mr. Barren," but before I had time to finish, he said "Good-bye," and was gone—I had only said "Mr. Tripp wants."
CHARLES C.R.L ENFANTS . I am clerk to the Registrar in Bankruptcy—I produce the proceedings in the defendant's three bankruptcies—(Thase showed the first bankruptcy to have been in October, 1850, when the creditors unsecured represented 58,000l.; the second in July, 1855, creditors unsecured, 15,066l.; and the third, in January, 1865, creditors unsecured, 13,043l. 4s. 7d. MR. GIFFARD proposed to prove that under this last bankruptcy Taylor was a creditor to the amount of 473l. 6s. 6d. MR. SERJEANT PARRY objected to this at too remote, but MR. GIFFARD pointed out that it was proved by the bankrupt's accounts, which he put in).
Cross-examined by MR. SERJEANT PARRY. Q. In the last bankruptcy he appears not to have got his discharge till 12th March, 1869, was the reason of that delay that he appealed against the decision of the Commissioner? A. I believe it was on account of his leaving Paris, and they did not deliver up his books—there was, I believe, an appeal to Lord Westbury—he received an order of discharge on 12th March, 1869, in the bankruptcy of 1865—there is no second-class certificate—a certificate would appear on the proceedings—this is the memorandum of the order of discharge—he had a second-class certificate in the first bankruptcy, on 1st January, 1851, and in the second bankruptcy he had a second-class certificate, and a meeting was held in February, 1869, when Mr. Bateman granted him a certificate in the bankruptcy of 1865; it does not say what class.
JOSEPH HARE . I was accountant and book-keeper to Knight & Green-well, stockbrokers, now Greenwell & Co.—on 4th July they entered into a contract with the defendant for 3000 Turkish Bonds of 1867, 3000 Guatemala Stock, 6000 Viceroy of Egypt, 1000 Italian Loan, and 1000 Turkish Bonds of 1863—they were never delivered to him; they were carried over on 13th and 14th July, to the account of the 15th, and closed; the dates vary from the 19th to the 22nd; the last transaction was the Guatemalas, on 22nd July—at the end of July the defendant owed the firm above 6000l. on the open account—I do not believe they supplied him with the numbers of the Turkish Bonds of which there was a drawing, but our manager can speak to that—on 4th July we sold for the defendant 3000l. Honduras for 2400l.—I have heard the agreement of 12th July read—I believe our firm purchased some of that stock—we have made purchases since the end of July—our account was open with him till 22nd July, and there were sundry small purchases; 1000 Spanish, and 200 Turks, and 5000 Turks on the 9th, and 300 Turks on the 13th—between the 9th and the 13th here are Turks 1000 5 per Cents, and 5569 6 per Cents, of 1869, and 5069 Spanish of 1867—the 5000 and the 1000 Turks were not taken up and transferred; the 200 and the 300 Turks of 1869 were paid for, the others were either closed, or formed part of the number carried over to the next account—when it was closed the things were sold—when we close an account we sell—the balance then stood at 6000l.—we did not, to my knowledge, supply the numbers of any of those Turkish Bonds, but the 200 and the 600 were paid for—on 15th July we sold 1500 Honduras Stock—a few days before the prisoner was taken in custody he called at our office—he said that Mr. Parry was about taking legal proceedings, and he requested me not to give any information on the part of the firm of any transactions which we had with him.
Cross-examnied by MR. SERJEANT PARRY. Q. How long has the defendant had an account with Knight & Greenwell? A. The account has been open since September, 1868—I did not know him before that—the last date was July 22nd, but it was for the account on the 29th, the 3000 Guatemalas; they were purchaaed on the 22nd and sold on the 22nd July—the last contract was for 300 Turks of 1869, which we sold to his account on the 25th August, and we bought with the proceeds 200 Russian Nicholay Railway—between those dates we had sold for him 500 Turks of 1869, on the 8th August—those are the only transactions—29th July was settling day, Knight & Greenwell failed on that day, and closed their accounts with everybody, and on the Stock Exchange—I do not attribute that to the war panic, but in a very great measure to Mr. Tripp failing to meet his engagements; to the 5000l.—I do not exactly say that 5000l. would have broken Knight & Greenwell on the Stock Exchange, I cannot say, I do not know what their private affairs were—they failed for 7000l. or 8000l.—I will swear it was not for as much as 20,000l.
MR. GIFFARD. Q. I see you have a balance to his credit on the 30th June? A. Yes—on the other side here are purchases and sales also—on the 9th 8000 Turks are sold—this seems stock bought or sold on the other side of the account—this account at that time consisted of mere differences, subject to some small matters for cash.
MR. SERJEANT PARRY. Q. Do you know that Mr. Tripp had 1000l. cash deposited with Knight & Greenwell? A. He gave us cover but the cover ran off—we never had 1000l. cover at one time—the utmost was a little under 900l.—we receive our differences on the 15th, and there was a profit; we gave him a cheque and allowed 500l. to remain in our hands, so that I may fairly say that there was no more than 500l.
MR. GIFFARD. Q. Did the prisoner ever hand you money in order to secure your account? A. Yes, he gave us 600l. on the 4th July last, he had then only 30,000l. stock open with us—the object of the cover is to secure us against loss—there are cases where we allow the accounts to keep open without cover, but we might be the losers by the stock going down—I know nothing about how we got the 600l., I only know it was paid into our bankers—that was the same day that we sold the Honduras Stock—we did not get that 600l. by keeping back part of the proceeds of what we sold; we paid a cheque for what we sold, and received a cheque for the 600l. on the same day—we generally give a customer notice before we close his account, and I believe the firm were in daily communication with him—this was sold off from time to time, or carried over to the next account, and it was finally closed and resulted in a loss of 6000l.—there was 500l. to the account on the 15th June, which was retained as cover to the speculative account.
HORATIO PHILLIPS . I was manager to Knight & Greenwell—on the 1st, 2nd, or 3rd September Mr. Tripp sent for me to Clement's Lane, and said that he was anxious to obtain the numbers of 10,000 Turkish Bonds of 1869—I obtained the prices and they did not suit him, I went back and obtained a close price for him, but it was more than he desired to give—he was anxious still, and asked me if I would go back—I did so and found the markets were higher; he said "I cannot give that price"—the next day I think he sent for me again, and I found the market still higher, he would not give the price, and nothing was done—he asked me if I would buy 1000l. stock, in order to obtain the numbers of it, I declined to do that because
Turkish Stock was fluctuating, and I knew if any telegram came in of an adverse nature I might lose 400l. or 500l.—when you buy stock you get the number of the stock you buy—a drawing was coming on, and the possessor during that time would hare the numbers of the drawing sent to him, and would know what were blank numbers and what were good numbers—the drawing would be at the time of the account—a person buying to sell again would be able to get the numbers, the last conversation was about the second.
Cross-examined by MR. SERJEANT PARRY. Q. Was there a very great depreciation of stock on account of the declaration of war? A. Yes, 20 per cent., and for some time they continued to droop—Turkish drooped 20 per cent, the most speculative stocks suffered the most—when we buy stock for the account, we give a contract to say that we have bought it; but if we buy 5000l., we go to a broker and ask the price, and buy them, and the same if he sells them—we give a contract to say that we have bought 5000l. Turkish Stock, say at 44, with the name of the jobber—if we sell we give a contract, even in time bargains—a sold note or a bought note only represents that we are responsible for that amount—you may take that in any denomination, we cannot help that, so that between the purchase and the delivery, we can buy it backwards and forwards over and over again; but on the day of settlement we must have it ready—if the client cannot pay for it we carry it on, if he wishes; if not he has to pay the difference, and if he is a gainer he has to receive the difference.
COURT. Q. If a customer has a speculative account, and orders 10,000l. Consols to be bought, do you give a contract note? A. Yes, we do buy the 10,000l. Consols, and we always give the name of the jobber; the possession is an actual one, and if the customer lets us know he cannot pay, it goes on—he has the option of carrying it on or closing the matter by selling it—there is always a real transfer of the stock—if any broker were to do otherwise he would be expelled—the prisoner was not a member of the house—the jobber makes the price to the broker—a jobber may sell what he has not got, and buy it afterwards.
Cross-examined by MR. SERJEANT PARRY. Q. I suppose you are positive about that? A. Every transaction I enter into is in my books—I have no remembrance of doing it, and I am quite positive if I had done it it would have been entered here—"A," being a jobber, is what we term a middle man, and my clerk three days before the settlement communicates that it is not convenient to take up the stock, and says I wish you to get it carried over; I should then go to A, and ask him what the rate of interest is for currying it over, he says, 2, 3, 4, 5, or 6 per cent.; there is a price put up that all stock is carried over at; if that is above the price, he would hand me over the priue, and if it is below, he would expect me to hand it over to him, or he might close the account—the broker might say, we have nothing to do, and then it would be my duty to go to another jobber, or to the Bank—in that case, no stock would pass, the whole transaction would be on paper—you may sell 5000l. on the first of the month, and buy it back again, the stock never being seen—suppose a gentleman sends me an order to buy 2000l. Consols, I do not know at the time whether he is going to take them—I say, bought for So & So, for the 15th, and when the 15th
comes, he may be in a position to take them up, and he may not, I hand him a bought note or a sold note—there are a great many respectable men outside the Stock Exchange, who are dealers in shares; they give a different contract, "sold to," and they dare not charge commission; they sell the actual stock, but we never know when a man sells anything whether he has got it or not—there are many members of the Stock Exchange who are not broken, they must not act as brokers and dealers—the members are not brokers; the jobber is a person who the broker goes to, and his customers are simply brokers; he has no communication with the public at all—the brokers bring the business to him, and he acts as middle man—when I ask the price, he docs not know whether I wish to buy or to sell—a broker must be a member of the Stock Exchange, and nobody gets into the Stock Exchange but a member—all brokers need not be members—a great many dealers are not members; they would be if they could, but it is difficult to get in—members who are uot broken are jobbers—a jobber and a dealer is the same, but "jobber" is the term we use—if a jobber were to sell to me, he would not give me a sold note, he simply enters it in his book—they only have sold notes for their clients in the country—the dealers have no sold notes—the broker buys from the dealer—there are a great number outside, who have nothing to do with the laws of the Stock Exchange—they deal in mining shares—they may deal in stocks if they like—there is a mining exchange—dealers outside, if they sell stock to a client, give a note, "Sold to So & So"—it is not necessary that they should transfer bodily; but by the contract they must find the stock by the time it is required.
MR. GIFFARD. Q.—What is the obligation? A.—Because you have given a written contract, and are compelled to fulfil it—they have a limit of ten days on the Stock Exchange—I never give a bought note to a client, unless, in fact, I have bought—if I were to sell anything I had not got, I should state with whom I had dealt.
HENRY REED . I am clerk to Bower & Cotton, of 46, Chancery Lane, solicitors—they were concerned for a gentleman named Michael Coghlan, of Waterford, against Taylor & Co.—I produce the form of an agreement in reference to a loan of 163l., and also a letter from Richard Taylor & Co.
E. J. STREVENS (re-examined). The signature to this agreement, and to this letter, are Mr. Taylor's. (This Utter was dated February 15th, 1870, from R. Taylor & Co. to M. Coghlan, Esq., of Lismore, stating that in consequence of very serious losses, they were obliged to dote their accounts and ask time for payment, and requesting him to draw bills upon them at six months date, to be renewed if necessary, with 5 per cent, interest added.
HENRY REED (continued). In March we brought an action in the Court of Exchequer for Mr. Coghlan, and got final judgment on 2nd April, 1870, for 156l. 5s. 1d. and interest, 159l. 17s. altogether—we have received nothing at all.
SAMUEL GEORGE . I am a dealer in articles of vertu—the prisoner owed me about 537l. in February last, and I sued him—he said that they were in difficulties and could not pay, having heavy pressure put upon them—I agreed to take bills, and they were afterwards returned dishonoured—I renewed those bills on 20th February for 410l., and they are not yet due—I received this letter on 14th March.—(This was from Taylor & Co. to Samuel George, Esq., referring him to their solicitors, Messrs. Barron & Co, of Cannon Street)—87l. was due when the bills were renewed—some money was paid to me in August.
WILLIAM DUNSTER BAILEY . I am cashier at the Consolidated Bank Limited, Threadneedle Street—the prisoner kept an account there—the balance in his favour on 3rd July, was 14l. 1s. 1d., and on 4th July, 2400l. was paid in—on 5th July, 600l. was paid out to Messrs. Knight—the balance at the end of December, carried forward to 1st January, was 154l. 13s. 8d.; and from June, 37l. 1s. 1d. was carried over to 1st July.
Cross-examined by MR. SERJEANT PARRY. Q. From July, 1869, to January, 1870, what amount did the defendant pay into the Consolidated Bank? A. From 14th July, 14,939l. 2s. 6d.; and from 1st January, 1870, including the balance from the previous half-year, 7726l. 1s. 1d. up to the end of June.
MR. GIFFARD. Q. Does what was paid in and paid out, appear by the pass-book? A. Yes.
MISSS JEANETTE ALLEN . I entered into the contract which has been read—I wrote this letter to the prisoner—(Read: "27, Chesham Street, Belgrave Square. Dear Sir, We have expected your clerk all this morning, according to appointment, to bring the 1000l. we arranged about last time we saw you. I conclude this has been overlooked, but you will be kind enough to desire him to call to-morrow, between 10 and 11 o'clock in the morning; and you will desire him also to bring the numbers of all the bonds you have purchased for us, including those of the New and Old Honduras Loan, &c. Signed, Jeanette Allen. Wilfred Allen.")—We received the numbers of the Guatemala Loan—we did not know the prisoner before we saw an advertisement in the paper.
Cross-examined by MR. SERJEANT PARRY. Q. You were satisfied with the drawing of the Guatemala Bonds? A. Yes; but since August we have I cen more satisfied, because the loan has been paid back to us—I think it was the 15th September, and we had a communication with Mr. Tripp, and I said that in consequence of all the disagreeables in the City, it ought to be cancelled, and he agreed, and we cancelled it—legally, I consider myself bound by that agreement—that was a speculation which was to list twelve mouths, we had the agreement in the house three days, and he thoroughly understood that he could sell the Honduras Bond—I have not been a party to this prosecution, nor has my sister, nor did we know of it till we saw it in the papers—I was subpoanaod by Mr. Lewis—we showed him why we should not prosecute—that we had no claim to call the prisoner up till the end of the year—we intended to receive the differences, not to take the stock—wo were very much pressed to prosecute, but never did so—we had this agreement to read over, and we requested that the fourth and fifth clauses should be struck out—we thought then might be a panic—we determined that it should last twelve months, and we might lose, and we might win—that was the spirit in which we entered into the transaction—it was rather like a little bit of gambling.
MR. GIFFARD. Q. When was it that this arrangement was made with you by the prisoner, which has more than satisfied you? A. It has quite satisfied us; it was made after he was in custody, I think it was on the 15th—it was made through our solicitor, Mr. Barren, who is acting for the prisoner—to tell you the truth we knew no solicitor before that, we met Mr. Barren at Mr. Lewis's, the same day that we came up to town, and we spoke to him, because we wished to know more than we saw in the papers—we made him our solicitor there and then—I was before the Lord Mayor—I believe that the prisoner had the numbers of the Guatemala Bonds
—I never considered that he had that amount of bonds, bat I believe he had Guatemala Bonds—he had given us the sale contract for them, and if he had sent us the numbers for the drawing, that was all we cared about—I believed he had the numbers for the drawing—he paid up the balance on the 22nd September—he owed us I think it was 4800l. which he paid us bock in securities which satisfied us, and I think it would satisfy you—we never prosecuted him, and he has paid us.
EDWARD FUNNELL (Detective Sergeant). I arrested the defendant at 41, Haymarket—I told him I had a warrant to apprehend him—he asked me to step into a room, which I did—he then read the warrant, and said that it was perjury, and they had taken a false oath—I took him to Bow Lane Station, searched him, and found 7 1/2d, a watch-chain, knife, pencil-case, pocket-book, purse, and a few memorandums, which have always been open to the inspection of his solicitor—I hare been looking after Taylor, but have not been able to find him.
Cross-examined by MR. SERJEANT PARRY. Q. Did you take possession of all his books? A. Yes, I have a list of them; there are thirty-six—they were examined by Mr. Lewis, the attorney—I cannot give you the names of them—they were removed to the chief office, 26, Old Jewry, and have been in the custody of the police ever since—these (produced) are the whole of them—I cleared the office of all that were laid out, I do not know what were locked up—I took all I could, and all the papers as well, and a few cancelled cheques of the Consolidated Bank—I took no blank cheques—out or two of these have not been untied—these three cheques were looked at it the Mansion House—I have the articles in my pocket which I took from him, the 7 7 1/2 d. was spent by him—this is his railway season-ticket from Twickenham—I also took these three private letters from the office, one is from Mr. Taylor, and one has not been opened—the prisoner was measured under a standard by the station-sergeant.
MR. GIFFARD. Q. Is it the invariable practice to take from persons in custody on a criminal charge, till property? A. It is.
MR. SERJEANT PARRY to W. PARRY. Q. It was 400 Turkish Stock which you deposited with Mr. Tripp before the agreement of 14th July? A. Yes, it was lent to him on 30th June, 400 Turkish 5 per Cents—that was a private loan between myself and him—he asked me to assist him in reference to Mr. Durling's loss of 162l. 10s., and I lent him the 400.
MR. GIFFARD. Q. Did you know at all that he was about to dispose of that stock? A. I lent him the 400 with the full knowledge that he was to dispose of it if he thought proper.
GUILTY .— Eighteen Months' Imprisonment.
NEW COURT.—Saturday, October 29th, 1870.
Before Mr. Recorder.
conducted the Prosecution.
The prosecutor did not appear, having gone to sea.
NOT GUILTY .
OLD COURT.—Monday, October 31st, 1870.
Before Mr. Common Serjeant.
MESSRS. POLAND and COLLINS
conducted the Prosecution; and MR. BRINDLEY the Defence.
JOHN TAYLOR . I live at 3, Blandford Mews—my wife's name is Caroline—my son, James Taylor, is now undergoing penal servitude in Pentonville Prison—on Tuesday evening, 2nd or 3rd of August, the defeant called at my place—he said "I want to speak to you on the quiet"—I took him into the room, we were alone—he said "I have got a letter from Jem," that is my son—I said "A letter, what is it about?"—he said "Why, be wants some money"—I said "I can't read the letter, I have not got my glasses, you read it"—I said "My son can't read nor write"—he then produced a letter and read part of it to me—he said "He wants 5l.—I said I could not afford it, but I would take him to Dean Street—I walked down to Dean Street with him, and there saw Elizabeth Watson and my wife—Elizabeth Watson had been living with my son as his wife—the prisoner handed the letter to her and she read it—I said "What are you going to do with 5l."—he said "Why, we can keep him like a gentleman"—he said he would take anything in to the prison; he could get anything in that he fancied, tobacco, or anything like that—I said "I had no money," and Elizabeth Watson said "We have no money by us, but we will pawn something on Friday"—he asked for a bit of paper and a pen, and said we were to send the money to a post-office—this (produced) is what he wrote (Read: "Mr. W. Colville, Post-office, St. James's Road, Hollo way, to be called for")—he told me he was a warder and had got forty under his charge, and could take them anything in—he said he was a bricklayer by trade, and my son was out on the works as a bricklayer's labourer—I then walked with him to the Regent Circus, after we had had a pot of ale in our room—Elizabeth Watson gave him a shilling to pay his 'bus fare—he said he was a stranger about there—I said I was going that way and I would put him into the right way, and I put him into a 'bus at the top of the Caledonian Read—he was dressed in plain clothes—I was not there when the money was sent, and I never saw the prisoner after.
Cross-examined. Q. You tell us to-day he said he came from Jem? A. Yes, that was what he said to me—we generally call my son Jem at home—I don't know whether he said Jem or James—he read the letter when be came to my place—I have not said before that I read the letter—I did not read it—he told me what he wanted and I said "Well, never mind, I will take it down to No. 8"—I knew I had got no money to send—he did not give me the paper with the address, he wrote it on the table and left it—I did not know what his name was—he said "I shan't give you my own name and address"—I have another son, Henry, in the prison—no other.
CHARLOTTE TAYLOR . I am the wife of the last witness—I saw the defendant early in August—he came to No. 8, Little Dean Street—my husband brought him to me—he said he had brought a letter from my son, and he wanted the sum of 5l., on Wednesday at the latest—I said it was a strange thing he should send a letter, when he could neither read nor write—he showed me this letter—we said we could not make up 5l., but we
would make up as much as we could—I did not read the letter, I can't read—he said he could get articles into the prison—we said we would send the money by the Friday following—Elisabeth Watson was present at the time—a piece of paper was given to the prisoner, and I saw him write on it—Watson took charge of it—we got 10s. together by the following Friday—I put 3s. and Elizabeth Watson put the other—we made it up between us—it was a half-sovereign—it was put in a piece of card—I saw Watson put it inside a letter, fasten it up, and direct it, and I took it to the post-office in Greek Street—I paid 4d. for registering it.
Cross-examined. Q. You understood it was not his right name and address, did not you? A. Yes, he said it was not his right address—my son has been in Coldbath Fields before—he was there twelve months—a warder did not call upon me then—I never saw anyone.
ELIZABETH WATSON . I live at 8, Little Dean Street, Soho—I used to live with James Taylor, as his wife, and went by the name of Taylor—I lived with him about eight years—I am twenty-five years old—in August the prisoner was brought to Little Dean Street by Taylor's father, between 8 and 9 o'clock in the evening—he said he had brought a letter from James Taylor, and he showed me this pencil letter—I said that James Taylor could neither read nor write—he read the letter to me—I asked him where he had brought it from, and he said from Pentonville Prison—I said "I am not very well, will you please read it," and he read it—Taylor's mother and father were present—I said "What does he want with 5l., what could he do with it if he had it?" and he said he could carry mouey into the prison—I said I had not got the money then; but I would try and get a sovereign by the Friday—he asked me if I would give him a piece of paper, and he would give me the address where to send it—this is the piece of paper—he said "That is not my right name and address"—he did not say what his right name was; he did not wish it known—by the Friday my mother and myself, between us, got a half-sovereign, and it was put into a card—I wrote a letter, and enclosed the card in the letter—I said I was very sorry I had not a sovereign to send; but I had sent half—I directed it from the piece of paper to W. Colville, Post Office, St. James's Road, Holloway—I fastened it up, and Caroline Taylor took it to the post, and registered it—I received this letter, by post, in answer—it purports to be signed "W. Colville," and was addressed to me as Miss or Mrs. Watson, I don't know which—I told him to address it Watson—I signed the letter, enclosing the half-sovereign, in the name of "Watson"—James Taylor cannot read or write.
Cross-examined. Q. Knowing he could not read or write, you sent the half-sovereign to him, on the faith of that letter; is that so? A. Yes—we made up the half-sovereign between us to send to the address—when the prisoner brought the letter to us he told us he could get him things in the prison—Taylor has had twelve months before in Coldbath Fields—I did not see any warder from the prison on that occasion—no one came to me from him on that occasion, that I know of—I said before that I had lived with him as Elizabeth Taylor, but my right name was Elizabeth Watson—I said it was Elizabeth Taylor first of all before the Magistrate—I told the prisoner to address the letters to me as Watson—I did not say whether it was my right name or not—I did not read the letter myself when the prisoner brought it, I did afterwards.
MR. POLAND. Q. What name are you living in at 8, Little Dean Street?
A. Watson—I lived as Taylor before—James Taylor was taken away since I have been Hying here, I go in my right name now.
JAMES TAYLOR . I am the son of John and Charlotte Taylor, and am now a convict in Pentonville Prison—Marshall was the warder in charge of me—I was working in some building operations with other prisoners, and he had charge of us—before I was convicted I was living with Elizabeth Watson as my wife—I can neither read nor write—I know nothing of this letter, or of any letters—I never authorized anyone to write it—I never authorized the prisoner to apply to my father or mother or Watson, for 5l., or any other sum, or any money—he never supplied me with tobacco or any other articles—tobacco is a thing I never use—he never supplied me with anything else—he never brought 10s. into the prison for me, or any sum of money—I did not believe he ever did such a thing—I never authorized anyone in the prison to apply for money or write any letter; I did not know they had done it.
Cross-examined. Q. You do know that things are supplied to prisoners through the warders, don't you? A. No—I never knew such a thing was done—I swear I never knew that the officers did do it, and I never heard of it—I know a man named Thompson by being on the works with him—I did not give my address to Marshall at all—I gave my address to Thompson, on the works; it is a frequent thing—I have been in prison once before—I had twelve months then—there was nothing before that—my term now is seven years—I was convicted on the 28th February, and I was out six months before.
MR. POLAND. Q. When you are on the works, is that doing some building? A. Yes—Thompson was employed at the building as well, under the prisoner—we have an opportunity of talking together on the works, but we don't at other times—it is a regular thing to ask one another where we come from—I have given my address to several other prisoners besides Thompson—we ask where we come from, and how long we have got, and talk about home, and so on—when I mentioned my address to those persons I did not say anything about their writing letters for me—it was merely in the ordinary chat—I don't know whether Thompson can write or not.
HENRY WILLIAM HACK . I am clerk to the governor of Pentonville Prison—I know the prisoner's writing—I have seen his explanation—I saw him write that—to the best of my belief this memorandum, and also the letter signed Colville, are in the prisoner's handwriting—this pencil letter was not written by him, it is a different kind of writing altogether—to the best of my belief the letter signed "James Taylor" is in the handwriting of prisoner of the name of Thompson—I will not speak positively as to that—(Letters read: "2nd August, '70. Pentonville. Dear mother,—I now take this opportunity of writing to you through a friend that I hare found, and he will be the bearer of this note to you, and you must go to Elizabeth, and get 5l. for me; give it to my friend. I shall expect it by Wednesday at the latest; my brother is here, and he is stout and well. Tell Elizabeth if she can come round to the Roman Road she will see me. So now, dear mother, don't neglect to comply with this, my request. I must now conclude with love to all; from your son, James Taylor. Mr. W. Colville, Post Office, St. James's Road, Holloway, to be called for." "August 6th, 1870. Madam,—I beg to acknowledge the receipt of the half-sovereign you sent. James is rather disappointed at the amount, but when he saw what you promised, he seemed very grateful, and said it would
be all right. I will call at the post-office the latter part of next week. He has seen his brother, and he is quite well; but he is working inside. I will get a few lines from him next week; he has no chance to-day. His love to all. Your obedient servant, W. Colville. Report in the Pentonville Prison, 21st September, 1870, against assistant-warder Marshall, for attempting to obtain money from the sister of a convict, for the alleged purpose of supplying him with tobacco"—the explanation is "Sir,—I beg to say I don't know any prisoner related to the persons who accuse me of attempting to obtain money from them, and I beg to say I have not at-tempted to obtain money on behalf of any prisoner, or supplied him with tobacco, or other things prohibited by the rules of the service").
Cross-examined. Q. What I understand you to say is, that these papers are written by Marshall to the best of your belief? A. Yes, and I have the same belief of Thompson's writing—as far as I know Marshall was a well conducted man—he came from Chatham, and had been there about two months—his salary was 51l. but there was an allowance for lodging—there was no extra payment for employment on the works—the prisoner's wife has called at the office since his confinement, respecting his salary—I don't know whether it was for 5l. that was due to him—I don't know that money has been refused to her and her children while he has been in prison—I have not heard so—I heard that she applied for money—I did not hear the had been refused—I have been at the prison about twelve years—nothing is supplied to the prisoners by the warders from outside—it has been done, but it is against the rules; it would be a gross breach of rules—we have not, to my knowledge, had a governor there who has had convicts into his private apartments; there have been rumours—I was the late governor's chief clerk—it is the first time I heard that he has had convicts into his private rooms—I don't believe they ever were—I heard that a convict married the daughter of the governor—I know nothing about his visiting her in the governor's apartments—the governor himself had three months for embezzlement.
MR. POLAND. Q. Some years ago there was a governor who absconded from Pentonville, was there? A. Yes, about six years ago—the present governor has been there since—it is against the Prison Act of Parliament, a breach of laws, and everything else, for convicts to have tobacco and any articles in; it can only be done through the warders.
Cross-examined. Q. This is the first time you have been called? A. Yes—about six weeks ago the governor called me up and asked me if I had had any dealings with Marshall, and I told him no—the letter was shown to me last Friday by the solicitor—I had not seen it before—they did not tell me they should call me as a witness, or else put me in the dock—I was not told that Mr. Poland said he would either put me in one place or the other—I never saw the letter before last Friday—I am in Pentonville now—I came there in May, and have been there since—Taylor never gave me his address—I swear that—I have heard that things have been passed into the prison by the warders in a friendly way—I have never had anything passed in for myself—I did not give that letter to Marshall.
before I was examined at the Police Court, the prisoner came to my house at 33, Murray Street, Kingsland Road—he told me he came from Pentonville Prison, and he had got a note from my brother, Charles Whiting—he said my brother had written the letter, and wanted a sovereign to find him in tobacco and other necessaries that were needed, and I told him it did not lay in my power to give it him—I saw the note—I can't read—I told the prisoner I could not read, and he said he would read it for me, and he did so—it was about my brother wanting the sovereign—we were in a little wash-house at this time—the man was a stranger to me, and he said he wanted to speak to me privately, and I did not like to take him up stairs—after he had read the letter be put it in the fire—he said he did not wish anybody to know that he had been—I told him I could not afford to give him a sovereign, as my husband had been very ill, and I could not give him anything—when I said I could not give him anything, he said "Then I must be at the loss"—he told me my brother was on the works—the prisoner had his arm in a sling, and wore plain clothes—he said he had met with an accident, and was off duty.
Cross-examined. Q. It was nearly six weeks after that you were spoken to about this? A. Between five and six weeks—I am positive the prisoner is the man—I made no note of what was said—I can't read or write—I have carried it in my memory five or six weeks—my memory is not very good—the prisoner read what was in the letter to me—he did not press me at all for any money when I said I could not send any—he took my answer at once, and went away—he told me if I did not give him the sovereign he should be at the loss—he did not ask me for money after I said I could not supply him.
CHARLES WHITING . I am a prisoner in Pentonville Prison, undergoing a sentence of five years' penal servitude—I have been at work under the defendant—he has never supplied me with tobacco or any other articles—I had no such thing in the prison—Elizabeth Hooker is my sister—I wrote her a Letter about ten weeks last Saturday, while I was in the prison—I wrote it in pencil, and gave it to another prisoner—I refuse to name him—I did not give it to Marshall—the prisoner I gave it to was to give it to somebody to take to my sister—the purport of that letter wis that I wanted a sovereign in order to get some luxuries into the prison—Thompson was not the prisoner I gave it to; I refuse to name who it was—I gave it to him on the works—I was not working under Marshall.
Cross-examined. Q. You did write that letter to send to your sister? A. Yes, and the party was to give it to the warder to give to my sister—I have known tobacco and other things come into the prison through the warden—I could not say exactly what was in the letter.
MR. POLAND. Q. Have you had anything through the warders into the prison? A. No—I only know it was done—I have heard of it—I have never seen any of them smoking—I have seen them chewing—I don't know which warder got it in.
MR. BRINDLEY to JOHN THOMPSON. I think I understood you to say you have never had any tobacco? A. I did not say so—tobacco has been found upon me.
MR. POLAND. Q. Did you write that letter? A. No—I can write—I have written at the request of the prison authorities (looking at a paper)—I wrote this—I can't say that the pencil letter is like it.
24th September, on a charge of conveying a letter from the prison and obtaining money from the convict's friends; he made no reply.
Cross-examined. Q. There was no charge beyond conveying the letter? A. Not at that time.
NOT GUILTY .
MR. POLAND offered no evidence.
NOT GUILTY .
conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOSEPH EDESON . I am a ship's steward, and live at 9, Russell Terrace, Oakley Square—about 1.30 on the night of the 18th September, I was going home—I went out about 8.30—I left the lower sash of my window closed and the upper part was open about two inches—I closed the street door before I went out, and went up the area steps—when I came back I unlocked the street door and went into the passage, and lit a candle—I took the key of the room-door from under the mat, and unlocked the door and walked in—I went to the mantelpiece and placed my candle on it, and commenced to undress myself—I turned round to my left and saw the prisoner standing there—I said "What do you want here, who are you?"—he said "want some money"—I said "That you shall very soon have"—I turned towards the window and found the lower sash was half up—I tapped at the window and called "Police!" and at the same time stamped with my foot for my brother, who was sleeping in the room below—the prisoner tried to get out of the window, and I pulled him away—a great tussel ensued—he pushed and pulled me about considerably, and tore my clothes to pieces, and hurt my shoulder—he got me down on the floor and got away from me—he was going towards the door when he was stopped by one of the lodgers until my brother arrived—my brother caught hold of him and asked him what he was doing there, and he turned round and referred to me, and said that I had brought him there—he said he had got two respectable witnesses outside, and he would get them if we would let him go—in a few minutes a policeman came and took him, and I went to the police-station—I had never seen the prisoner before—the window opens on to a small balcony in front of the house.
Cross-examined. Q. You had not seen the prisoner before that night? A. No, never till I saw him in the bedroom—I had been out for a walk—I had not been to an ice-shop with the prisoner—I had a pair of Chinese slippers in my room—I did not show them to the prisoner—they stood in the room, and he could see them—I took a light into the room—there was no light there before—I don't know how long the prisoner had been there—I did not see him directly I went in—I went in cautiously, so as not to wake my brother, and I went up to the mantel-piece, and did not notice anybody—I did not see him until after I had taken my coat off—I had been in the room a minute or two perhaps—I saw him when I turned round—he was standing perfectly still—I had been out walking and smoking—I had passed through the Euston Road—I did not meet the prisoner there—I was quite sober—the prisoner was not long in the room before he was taken into custody—the candle was still on the mantel-piece—I did not hear the
prisoner call for the police—I never saw that man (a witness) with the prisoner in the Euston Road.
JOHN EDESON . I am the brother of the last witness, and live at 9, Russell Terrace, Oakley square—it is my house—about 1.30, I was awoke by hearing a noise, and my brother stamping, and singing out "Help, robbers, murder," and I don't know what—and he sung out for a young man named Walker, to go and help him—I went up and sung the prisoner—as soon as he saw me, he set on me and tore the shirt from by back, and wanted to get out—I said he should not go, and he turned round, looked at my brother and said "That man brought me in here for an improper purpose, and if you will allow me, there are two witnesses outside that will prove it."—I said "I have got quite, witnesses enough for you; this case shall be thoroughly investigated, and what witnesses you have got shall come after"—I kept him till the policeman came, and gave him in charge—the window was open at the bottom when I saw it—it was closed at 10.30 at the bottom part—it was open a little at the top to let the smoke out—anyone could get in through the window easily.
CHARLES SARRENDEN (Detective Y). I went to the house, and examined it—I found a foot mark in the front garden, which I have compared with the prisoner's boot, and they correspond—I also found marks on a wall close to the foot mark, and some on the balcony and lower sash of the window—there were several foot marks in the garden, but not as plain as the others.
Cross-examined. Q. What sort of weather was it? A. Rather dry—I don't think we had had any rain for a day or so.
Witness for the Defence.
RICHARD PRATELEY . I am a bricklayer—I know the prisoner—I have been in his company two or three times—I saw him in the Euston Road with a gentleman, about 12.30—the prosecutor has every appearance of the man, but I should not like to say positively it was him—I had been to the Prince of Wales' Theatre—I wished the prisoner good night as I passed, but he was too drunk to know what I said—they were both drunk—I should not like to say that the prosecutor was the man—that is my belief.
Gross-examined. Q. What part of the Euston Road was it? A. At the corner of Tottenham Court Road—I was not in the prisoner's company at all that night—they were both very drunk; the prisoner and the other man; I did not know his name—the prisoner's sister spoke to me about three days ago—I never saw the prosecutor before that night, if I saw him then—Russell Terrace is about half-a-mile from where I saw them—I said "Good night" to the prisoner, and he made no reply.
GUILTY .— Twelve Months' Imprisonment.
861. JAMES GILL (36), and EDWARD MARKHAM (28) , Burglary in the dwelling-house of John Cooper Wheeler, and stealing a watch and other goods, value of 5l. 10s., his property. (See Fourth Court, Wednesday, Page 639.)
MR. ST. AUBYN
conducted the Prosecution; MR. MONTAGU WILLIAMS
defended GILL, and MR. BROMBY defended MARKHAM.
was in the back kitchen, having supper with my wife, between 10.30 and 11.30—I heard a noise up stairs in the bed-room, and went up—I found two men there—I did not know who they were—I laid hold of one of them, the other one got away—Markham came up the stairs while I was tackling this other man—I eventually got to the front-door with the man I had hold of, when he slipped off his coat and ran away—that man's name was Willis, he was brought back to the house afterwards—he pleaded guilty to this charge last week—I know Gill, he is a friend of Markham's—Gill and Markham, and their two wives, were at my house that night—I can't say whether Willis lost his hat in the struggle—I found a hat in the passage afterwards, and Markham said it was his—when Willis was brought back, Markham said that was not the man—Gill did not assist me at all in trying to capture the man—a bag was found in ray bed-room, containing a shawl and a dress, and various articles of underclothing—there was also a watch missing—that has been found down an area in Buckland Street—I did not find it, it was shown to me by the police.
Cross-examined by MR. M. WILLIAMS. Q. Do you occupy the whole house yourself, or do you let it out in lodgings? A. I let it out in lodgings—any lodger in the house would have free use of the street-door to go in and out of—Markham was a lodger, living there with his wife—Gill and his wife were visiting them—two men were tried for this burglary this Sessions, and one of them pleaded guilty—the other man, Hamilton, pleaded not guilty—he was defended by Mr. Laugford, and acquitted—he is a witness here to day, and Willis also—my wife was there on the night in question—when the alarm was given, my wife, Markham's wife, and Gill's wife, were down stairs screaming.
Cross-examined by MR. BROMBY. Q. How long has Markham been a lodger? A. Last February—I keep the things in a drawer in the bed room—they are not always locked up—I believe Markham knew they were there—it was valuable property as regards wearing apparel—I had perfect confidence in him—I did not think it necessary to keep the things under any peculiar care, and that has been so from February last—Mrs. Gill had been singing before I heard anyone in the house—they were having a little social party—I believe it was one of the Christy Minstrels' songs, called,"Mill May"—when Willis was brought bock, I said at first he was not the man.
MR. ST. AUBYN. Q. Had you ever given Markham any authority to go into your bed room and remove any of your things? A. No.
SAMUEL RAMSAY (Police Inspector). I took Markham into custody on 19th September—I charged him with being concerned, with t in custody, in committing a burglary at Mr. Wheeler's, 51, Alma Street—he said nothing—I afterwards took Gill into custody—I charged a similar way—he said "What, me?"—after that I went and saw Willis in Newgate, and he gave me some information.
Gross-examined by MR. M. WILLIAMS. Q. Willis and Hambleton were charged at these Sessions? A. Yes—Willis pleaded guilty and pleaded not guilty—he said he was not the man, and he was acquitted—he is coming to-day to swear he was the man—I have seen Willis and Hambleton in prison, and had conversation with them.
Cross-examined by MR. BROMBY. Q. I believe, when you went to Mark-ham's place he gave you every facility for searching it? A. Yes, he offered no obstacle of any kind.
MR. ST. AUBYN. Q. You saw these men in prison before the trial, I suppose? A. Yes, in the presence of Mr. Jonas.
ANDREW BENJAMIN WILLIS . I pleaded guilty last week to this charge of burglary—I know Markham and Gill—on Sunday, 7th August, before this burglary took place, I met Markham, about 12 o'clock, in Eyre Street, Brick Lane—he went with me to my house, 30, Lisbon Street, Cambridge Heath Road, Mile End—I told him I had some work in hand; but I was standing still for want of a pound to get my diamond out of pawn (I am a fancy toy maker)—I asked him if he thought he could lend me one; he paid he would see if he could—at 1 o'clock we went out down to the beer-shop kept by a man named Gayton—he stopped there till 3 o'clock, when the house closed—he came down there again in the evening—he said he would see if he could lend me one on Monday; that was the next day—he came again to the beer-shop on Monday, Gill with him—we stopped there a good part of the day, Gill, Hambleton, Markham, and myself—we were at Gayton's on Sunday, Monday, and Tuesday—I can't say what time he came on the Monday, I had been to the Arcade in the morning, and when I came back he had been waiting all the morning—Markham said if I met him at 7.45, outside the Red Lion public-house, on Tuesday evening, facing the Britannia Theatre, in Hozton, he would lend me the pound—I met him there on the Tuesday evening; Hambleton was with me, and Gill was with Markham—he then made some excuse; he told me that if I met him at 3.45, at the same place, on Wednesday evening, he would let me have it—I was with him about a quarter of an hour on the Tuesday evening—I met Markham and Gill on the Wednesday evening—Hambleton was with me—we did not go in the Red Lion, we went into several others—he did not give me the money then—Markham and Gill went away to get a pattern of some silk, to show a lodger of his, he said—they were gone about an hour—they came back together—they called us out of the public-house, and we went to the prosecutor's house—as we went along Markham told me that he occupied the house and rented it, that he had two lodgers, one was a tailor and the other was a glove dyer—before that he asked Hambleton if he would carry a bag full of things from his house to his friend's house, and be offered him 2s. 6d. for his trouble, and Hambleton agreed to it—when we got to the prosecutor's house Markham told Hambleton that he did not want him to carry them then, as a lodger and her sister were in the front room; he said he did not want them to see the things come out in the bag—he told us to wait at the corner of the street, but not to go into the public-house opposite—we waited some time, and Markham and Gill came out for some beer—Markham had a jug in his hand—as they passed they told us to wait there a little time longer—they came shortly after, and asked us into the house—as they came along with the beer they said "Come on," and me and Markham, Gill and Hambleton went into the passage together—Markhara told Hambleton he would find the bag behind the door, and to take it—Markham then handed me a screwdriver and a chisel; he told me to open the third drawer of the chest, as he wanted to get a cash-box out—I was in the passage; the room-door was open, and the chest stood in front of it—I said "No, Markham, I did not come here for that purpose, I will have nothing at all to do with it"—he told me to put the screwdriver and chisel in my pocket, and he said "I will come up and do it myself, you have got no steel in you"—Gill came up stairs shortly after that, whistling
a tune called "Cliquot"—he asked me if I bad done it; I said "No, and I don't intend to do it"—he then went into the room, came out again, and went down stairs—a short time after that the prosecutor came up—I was standing in the passage—he collared me, and we had a struggle—Markham opened the door, and pushed me and the prosecutor into the street, and we both fell—when we got up the prosecutor handed me over to Markham, and he said to me "Slip your ooat and run away," and I did run stray—my hat was left in the passage—I was brought back shortly after-wards, and Markham and Gill said I was not the man—my hat was there in the passage—someone said "There is his hat," and Markham owned it—I don't know exactly what he said, he picked it up, and said it was his—I was taken to the House of Detention—Gill came to see me while I was there—I asked him what he meant by getting me into this scrape—he said "Never mind, we will get you off, we will come and swear you were not the party; but you had better subpœna us up, as it will save all suspicion"—he said he could keep me while I was in prison, and that I should have a good Counsellor, and he would pay for it.
Cross-examined by MR. M. WILLIAMS. Q. But you did have a good Counsel, did not you? A. Yes, I pleaded guilty—the circumstantial evidence was bound to convict me—I was innocent, decidedly; I have not had any experience in Courts of Justice—I have not been sentenced for this yet, I suppose my sentence is postponed until I have given evidence in this case—I have been charged before, only once; that was here, in one of these Courts; it was not this Court—I believe it was the one where I was tried the other day—I was found guilty—I was not innocent then—my sentence was two years—the charge was burglary—that was the first offence, and the sergeant can prove it; that was done, in company with someone else—somebody was tried with me, and he was found guilty—I don't exactly know who he was—his name was William Willis—that is my name; it was my brother—Hambleton had nothing to do with that—I am not aware that I have been in the same prison with Hambleton—I can't say whether he was there or not—I was found guilty of that burglary, so I suppose I was guilty—I did not commit the burglary for which I had two years—I went to carry some things away—I knew the burglary was going to be committed—I was convicted in 1867, and came out in August, 1869—I sometimes go in the name of Wilks, and sometimes Willis—I never went in the name of Ross—I don't know the name of Ross—I never bore that name—I don't know what name I might have been known by—there were no things lost in the burglary—I went with the intention of carrying the things away—there was nothing lost, and nothing done—I had the two years for doing nothing—when it was suggested to me to go to this house of Wheeler's, I did not know I was going to do anything wrong—I went there with a perfectly innocent intention, and I was unfortunate again—I was surprised when I was told what to do, and the screw-driver and the other articles were handed to me, and I said, "No, Markham, I will have nothing to do with it; I did not come here for that"—I did not walk out of the house, because I was waiting for Markham to come out and give me the money—it struck me that it was a very wrong thing I was asked to do—of course it did, or else I should have done it—I went into the house to borrow the money of Markham—I did not go in to commit the robbery at all—I pleaded guilty because the evidence on the outside of the house was very much against me, and the
evidence could not be heard against these two first—in point of fact I pleaded guilty, and I did nothing—after I had suffered two years' imprisonment—I did not like my imprisonment—I don't suppose you would like it—I know it is the longest sentence of imprisonment I could have, unless I got penal servitude—Hambleton was with me in Mr. Wheeler's house—he was acquitted by the Jury—I don't remember what his Counsel said—he was acquitted, but he was most decidedly as guilty as I was—I pleaded guilty because five witnesses proved they saw me come out of the house and brought back—I make kaleidoscopes—that is what I use the diamond for, to cut the glass; it is a circular board for cutting circles—I work in my own back room—I did not sell my things there—I sold them at all the warehouses round London very nearly, and I can prove it—I have had conversations with the inspector of police in the prison, twice, I believe—I gave him this information—my Counsel advised me to plead guilty—I told you circumstances were against me—I pleaded guilty by the advice of my Counsel—I told my Counsel I was innocent, and still he insisted on my pleading guilty—that was the Counsel who is prosecuting this case—I never took anything from the house, or moved anything.
Cross-examined by MR. BROMBY. Q. On the Monday Markham was in this public-house all day long, you say? A. Yes, he had dinner there—I went down for the express purpose of getting this sovereign.
HENRY CAMPBELL. I was tried and acquitted the other day upon this charge, in the name of Hambleton—on Sunday, 7th August, I went into a public-house to have a pint of half-and-half, and saw Markham and Gill in company with Willis—Willis told Markham I was a friend of his—we stopped there sometimes, and met again on Monday at the same house—on Tuesday Willis asked me to accompany him to the Red Lion to meet Markham, who had promised to lend him a sovereign to get a diamond circle out of pawn—we went there about 7.45, and saw Markham and Gill—we had something to drink—Markham went away and returned—he said to Willis "I can't let you have it to-night, but if you will be down here to-morrow night I will be sure to let you have it"—we had four glasses of port wine, which Markham paid for, and a quartern of gin at another place—on Wednesday night I went with Willis to the Red Lion, about 9 o'clock, and saw the prisoners—Markham asked if I would carry some things for him from his house to Gill's, and he would give me a half-crown for my trouble—I said "Yes"—he took me and Willis round to the prosecutor's house, and told us to stand at the corner of the street; that a lodger of his had a sister in the front parlour, and he did not want them to see the things come out of the place—he told us to stop at the corner of the street, but on no consideration to go into the public-house—after some time he came and took us into the house, and told me there was a bag behind the door, with some things in it, and he handed Willis a chisel and screw-driver, and told him to open a drawer, and he would find a cash-box—Willis said "No, Markham, I want none of this for me," and he handed them back to Markham—Markham told him to put them in his pocket, and he would come up and do it himself—shortly after Gill came up whistling "Cliquot"—he did not say anything—the prosecutor came up shortly afterwards, and had a tussle with Willis—I believe Markham opened the door—he told me to run out into the street, or else I should not have quitted the premises—he shoved me, Willis, and the prosecutor out into the street, and told me to run—I was stopped, and brought back again—Markham said I was not the man; it
was a bigger and stouter man than me—he also said Willis was not the man, when he was brought back—Markham picked up a hat which I knew was Willis's, and put it on his head, and said it was his—his wife said "My dear, that is not your hat," but he said it was.
Cross-examined by MR. M. WILLIAMS. Q. How many times have you learnt your evidence? A. Twenty perhaps—I had no idea I was going there for a felonious purpose—I did nothing, more did Willis while he was in my company—he pleaded guilty to being on the premises, I believe—we were charged with burglary—I never touched anything, nor did Willis, that I saw—he was in my company all the time—I have been three times convicted—the first time was for picking pockets—I was not innocent of that; I got twelve months; that was in 1864—the next time was in 1868, for picking pockets—I got two years—and the third time was three months—that was previous to the two years in November, 1867—that was for picking pockets—those are not the only times I was tried—I was sent to a reformatory school in 1861, I believe, because my friends were not able to keep me—I was thirteen years old then—I was charged with having a row, with a drunken woman who had a bottle of gin in her possession—I suppose they charged me with stealing the gin, but I did not have it—I suppose it was charged as highway robbery—I was innocent—I was three years at a reformatory—when I came out I went to work, when I could get it—I came out in 1864, and it was in 1864 that I had the twelve months—I also had a month somewhere about 1867—that was for a row; an assault, you may call it—I mean to say I was perfectly innocent on this occasion, I did not intend to do anything wrong—I first became acquainted with Willis at the Militia barracks—I belong to the Second Tower Hamlets Militia—I believe I was in prison at the same time with him—the first time I met Markham was at the public-house, when Willis introduced me as a friend of his—I did not see anything of Gill before the Monday.
Cross-examined by MR. BROMBY. Q. Were you in the Police Court all the time Willis was giving his evidence? A. Yes, but I wrote my evidence out before that—I wrote a letter to Mr. Newton, the Magistrate, it might have been a fortnight before—I heard part of Willis' evidence.
JOHN KENDLE . I live at 2, King Street, Cambridge Road, and am a linseed cleaner—on Monday evening, 8th August, I saw both the prisoners at the Tap House beer-house, with Willis and Hambleton—they were all four drinking together.
Cross-examined by MR. M. WILLIAMS. Q. There is no mistake about its being Monday night? A. No, they were there all the while I was—Willis is my brother-in-law, I have known him four years.
EMMA KENDLE . I am the wife of the last witness—Willis married my sister—I know the prisoners—they have been to my house two or three nights a week, and have left half-a-crown and 2s. at different times with me for my sister—Markham came by himself once, on a Thursday—on every other occasion they came together.
MATILDA WILLIS . I am the wife of Willis, who has pleaded guilty—I know the prisoners—I have seen Markham at my house once—on the Sunday previous to my husband being taken into custody he came in with my husband and went out with him—my husband came home about 4.30—I
did not see Mark ham again that night—on the Thursday night after my husband was taken I saw Gill and his wife at Gayton's beer-house—he had left 4s. for me, which Mrs. Gayton gave to me—he told me my husband should have a Counsel, and he gave me a half-sovereign, and Markham gave me a half-crown—I employed a Counsel—they also gave me a half-crown and left several shillings with my sister.
Cross-examined by MR. M. WILLIAMS. Q. Did you go to the Counsel? A. Yes—I went to Mr. Ribton's offices—I was by myself when Gill said my husband should have a Counsel.
Cross-examined by MR. BROMBY. Q. What is your name? A. Matilda Wilks, but my husband gave the name of Willis.
GEORGINA WHEELER . I am the prosecutor's wife—on the night of the robbery the prisoners and Mrs. Gill, and Mrs. Markham were in our house—I heard a disturbance and I asked Gill to go up-stairs, he said be could not, he was frightened—I went up and saw my husband and Willis struggling together—they were pushed out into the street—Willis was brought back—the policeman asked my husband if he could recognize him, and he said he could not—Markham said "That is not the man he was a bigger man than that, I could swear to him out of a hundred"—Hambleton was in the passage at the time—I saw a hat picked up—Markham owned it—Mr. Wheeler asked him if it was his hat, and he said "Yes."
Cross-examined by MR. BROMBY. Q. On the Tuesday night, just before the house was robbed, you saw Markham and his wife go out with another man and his wife? A. Yes, Mr. White—I think he came back afterwards—I don't know whether Mrs. White was with him.
JAMES CUTHBERT (Policeman 461). I helped to bring Hambleton back on this night, and was there when Willis was brought back—Mr. Wheeler called up Markham, and asked him if that was the man; he said "No, that was not the man, it was a bigger man than him, I could pick him out of a hundred."
Cross-examined by MR. M. WILLIAMS. Q. Mr. Wheeler said at first he could not identify the man, did not he? A. Yes, but afterwards he did.
JAMES SMITH . I am a warder at the House of Detention—I had Willis under my care from one remand to another—on the 13th August, Gill visited him—he gave the name of George Kelbey, and said he was his brother-in-law, and lived at 12, Ellesmerc Road, Roman Road, Old Ford.
Cross-examined by MR. M. WILLIAMS. Q. Does anybody come to visit a prisoner? A. Yes, every day, from 12 to 2, except on Sundays.
THOMAS HALL . I am a metal dealer, of 13, North Street—on 7th August, I saw Markham at the corner of the Tap House, Gayton's, when I fetched my beer—Willis was with him—next day I saw the two prisoners, and Willis and Hambleton, drinking together there between 6 and 7 in the evening—the prisoners were quite strangers to me before—I have known Willis about six months, by his dealing with me now and then—I don't know Hambleton.
SARAH HALL . I am the wife of the last witness—on Sunday, 7th August, I saw Markham and Willis in the beer-house, and once, about a week or a fortnight afterwards, I saw Gill standing outside the beer-house, talking with Mrs. Willis.
NOT GUILTY .
NOT GUILTY .
OLD COURT. Tuesday, October 25th, 1870.
Before Mr. Common Serjeant.
MR. ST. AUBYN
conducted the Prosecution; MR. BROMBY appeared for Whitehead and Hughes, and MR. STRAIGHT for Harris.
SARAH KLEIN . I live at 26, Wentworth Street, Whitechapel—on 27th September, between 4 and 5 in the afternoon, I was walking along the Commercial Road with my mother, who is eighty years of age—I was helping her across a street, a man pushed against her, put his hand on my breast, snapped the watch and half the chain away, and my bonnet, and ran away; I ran after him, crying, "Stop thief I"—I saw him throw my bonnet into the road as he ran—another man came and told me to run into New Street, and I should find him there—I do not know either of the prisoners.
CHARLES MONK . I am a clerk, and reside with my mother, at 26, Charles Street—about 5.6 on this afternoon, I saw the prosecutrix and her mother crossing Mulberry Street—I saw Hughes rush up against the prosecutrix, pitch her over on her mother, and run down Mulberry Street, closely followed by another, who I recognized as a man named Dyster, but at the Police Court the evidence was so much in his favour that he was discharged—Hughes made a snatch, and thereby I saw his front face, carrying away the prosecutrix's bonnet—he ran down the street, carrying the bonnet in his hand—as I stopped to pick up the old lady, I saw him at the corner disentangle the bonnet with his left hand, and throw it into the street—after having righted the old lady, I followed round the street, but saw no one—I identified Hughes at the station next morning.
Cross-examined by MR. BROMBY. Q. I suppose this took some little time? A. Only a few seconds—I gave a description of the men to the policeman—I went to the station at 11 that night—I did not recognize Hughes then—I am told he was there—I saw twelve or fourteen persons; if I had seen him I should have identified him—I did not see him.
Cross-examined by MR. STRAIGHT. Q. You did not see anything of Harris? A. I don't know anything of him.
HENRY MORKIN . I am a polisher, of 6, Plummer's Row—I know the prisoners—I saw them all three together on 27th September, about 5.15, walking past Plummer's Row—I saw Whitehead run up Hollo way Court from Charles Street; he stopped in the middle of the court and shook his head, and about two or five minutes afterwards Hughes came running down with a ribbon hanging in his hand—he ran right through the court into Charles Street, and passed something into Whitehead's hand—about eight minutes afterwards I saw Harris come down with the prosecutrix, and he said to her, "I think they ran that way," pointing in the opposite direction to where they had run.
Cross-examined by MR. STRAIGHT. Q. What were you doing this evening? A. Coming home to tea—I did not see Harris at the time I saw Hughes pass something to Whitehead—I had seen the three together about a quarter of an hour or twenty minutes before—I was once charged with stealing a piece of cheese, and had twenty-one days, five years ago.
of which I went into Mile End Road, and watched for some time—I saw the three prisoners and another go to a public-house—I went to the station and got further assistance, and took the four to the station—they were placed with seven others, about their own size—the prosecutrix came and looked at them, and identified neither—Monk picked out Dyster, and afterwards Whitehead—Morkin identified the three prisoners next morning, at the Police Court—Monk said he should like to see the men again, and he then pointed to Hughes, and said, "That is the man that snatched the watch; I did not see him last night."
Cross-examined by MR. BROMBY. Q. You then had only the four men by themselves? A. Yes, he did not identify Hughes the evening before when he was with the others.
WHITEHEAD and HUGHES— GUILTY .
HARRIS— NOT GUILTY .
WHITEHEAD and HUGHES PLEADED GUILTY to previous convictions—WHITEHEAD— Seven Years' Penal Servitude —HUGHES**— Ten Years' Penal Servitude.
Before Mr. Justice Hannen.
conducted the Prosecution; and MR. BRINDLEY defended Costin.
Costin was further charged with having been before convicted.
—GUILTY. Seven Years' Penal Servitude each.
conducted the Prosecution; and MR. BOTTOMLEY defended Lewis and Coyle.
JAMES MUNNS . I keep a beer-shop at Woolwich, the "Who would have thought it"—on 13th September, about 11.30, I and a friend were passing the Royal Arsenal, two females came between us and separated us, and the prisoner Coyle put her hand into my pocket and pulled out a bag of silver and copper—it was under a lamp—some of the money fell on the ground, and Brown wrested my umbrella from me—I went to a friend's house three doors off, and then went to the 'station—the prisoner Lewis came up, pushed me about, told me I had no business to interfere with his females, and I saw him pick up the money from the ground—I missed about 2l. 10s.—I remained in the road, watching Lewis, and found him there when I came back with the Detective Harvey—about a quarter of an boor after that, I saw Lewis at the station, and have not the slightest doubt he is the man—I had a distinct view of the whole three—this was Tuesday—I saw Brown on the following Saturday, and have no doubt about her, or about Coyle—this umbrella is mine—it has a silver buckle, and is very peculiar.
Cross-examined. Q. When did you next see Coyle? A. About 2 o'clock next morning—she was not put among other women—I walked into my friend's house, Mr. Dubbins'—he is the owner of the umbrella—he keep the "Duke of Cambridge"—I came out and went to the Arsenal Station to
get assistance, while my friend Banks and another person captured Lewis—I had been to Plumstead, and might have taken some glasses of ale in the way of business, three or four, but I was quite sober—I left my friend's house at 11 o'clock, with Banks—I was excited when my money was taken.
HENRY JAMES BANKS . I live at 45, Rectory Grove, Woolwich—I was with Munns—I was sober—I called on him on business, and we went arm in arm towards High Street—I had seen him take some small change from his till—I was on the outside, and these two women separated us by pushing through—they said nothing—Munns remonstrated with them, and then he said, "Banks, I am being robbed"—I saw Coyle's hand in his righthand trowsers pocket, and heard the chink of money on the ground—I went to take hold of her, and Lewis came up and used some words—I went to take hold of him, he thrust me back and picked up some of the money—Munns went for assistance—I had noticed previously that he had an umbrella, but I did not see it then—the women went towards the Arsenal Gate—this was not a dark place, it was under a lamp—I waited till Munns came back, and two or three minutes after, Lewis came up, he went three doors further down, and went in—he was there some time—Inspector Harvey came up and spoke to me, and when Lewis came out I gave him into Harvey's charge—it was a private house—Harvey told him the charge—he closed with him and resisted, and would have escaped, if Harvey had not stuck to him—early next morning, I was in bed, I received information, went to the station, and saw Coyle—I had no doubt of her being the party, from her dress and general appearance—on the following Wednesday week, I saw Brown and Coyle brought into the station yard with four or five others, and I identified Brown without any difficulty—I have seen this umbrella before, it is Mr. Dubbins'.
Gross-examined. Q. Where was she standing when you identified her? A. By the railings—I identified her by having her put opposite me—when Coyle had her hand in Munn's pocket Brown was on the other side, it was all momentary—I was on his right, and when Brown and Coyle came between us I went off the pavement—I rushed to help him, and directly I went to take hold of the woman, Lewis made his appearance—I caught hold of him, but he was too powerful for me—I identified Coyle by her voice, I did not hear her speak, I heard her laugh when she came between us—Lewis stooped, I do not know whether he picked up the money—he ran into a house close by, and when he came out he walked on by the wall and entered three doors below—he saw me; he did not run away—I was sober, I had been to a friend's house in Plumstead Road, I had some tea there, but nothing intoxicating.
JOHN HARVEY (Policeman). On the 13th September Munns complained to me; I went to the place he pointed out, and saw Banks standing there—I saw him follow Lewis, I followed him also, and when he got about twenty yards from the door he came out of, Banks said "That is the man who robbed Mr. Munns"—I told him I was a constable and should take him for robbing Mr. Munns—he said "I am d—d if you take me to the station alone"—a scuffle ensued, a picket came up, and with their help and other policemen I got him to the station—he was very violent, he kicked me very severely about the feet and legs, and I have been lame ever since—I saw Coyle next day at the Police Court—I went to Brown's house, in Camden Road, on the 17th, that is about three doors from where Banks stood—I had received some information—I said I believed she had some
stolen property in her possession—she said she had hot, and sent for the landlord—I searched the house and found this umbrella in a box—she said she picked it up on the pavement, but knew nothing about the money—I recognized the umbrella from the description given—I searched Lewis and found a shilling, two pence, and a metal time ticket—Banks gave him in custody.
JOSEPH CAMP (Police Sergeant R 10). I had just left the station, and saw Harvey and some of the military picket struggling with Lewis, who was very violent—I charged him at the station—he made no answer, but made the appearance of being drunk—I should think he had been drinking, and in the scuffle he no doubt got greatly confused—Coyle came and asked me about 12.30 what he had been locked up for—I said "Well, I think you will find he is locked up for being concerned with you in committing a highway robbery—she laughed, and I detained her—the female searcher brought me a brooch, 2s., and a pair of gloves, found on Coyle.
Cross-examined. Q. You say she laughed, did she deny it? A. No, not in words, but she did by looks—she treated it with contempt, as much as to say I was wrong in detaining her—I saw Munns that night—he appeared under the influence of drink.
Brown's Defence. I picked the umbrella up in the street.
LEWIS— GUILTY — Twelve Months' Imprisonment.
COYLE— GUILTY . She was further charged, with having been convicted at Maidstone in April, 1868, to which, she
PLEADED GUILTY— Twelve Months' Imprisonment.
BROWN— GUILTY — Six Months' Imprisonment.
Before Mr. Recorder.
conducted the Prosecution.
SARAH ANN SEATON . I am the wife of Henry Seaton, of Harding's Buildings, Woolwich—on 10th September I was going from Plumstead to my father's, a man came up to me and knocked me down—I cannot say who it was—he began to take liberties with me—I screamed, and when I did so he put his hand up my petticoats with something sharp—I afterwards found myself wounded in the back part—I screamed—he ran away, and a young man came to my help—I was in the hospital three weeks and three days.
JAMES CANNING . I am a cooper, and live at 5, Lincoln Terrace, Plumstead—on 10th September, about 9.30, I was at home having my supper—I heard a female's voice cry "Murder!" "Police!"—I opend my window, looked out into the brick-field, and saw a man and woman on the ground—I took a poker, went out and asked what was the matter—I spoke to the man, and he ran away—he was then about 100 yards from the woman, and about twenty yards from me—I went after the man; it was the prisoner—I asked him what he had been doing, and he said "Fetch the woman here, and I will tell you"—I called to the woman to come and charge the man—she would not come—when I got back she was up—the man struck me, and I struck him back with the poker—he left his coat on the ground—he got away from me, and the woman walked away; she was bleeding—I saw blood on her blockings, and on the ground—the prisoner was not drunk; he had been having something—it was a light night; the moon was shining—he left his cap behind—Hunter came up to my assistance.
SAMUEL JAMES HUNTER . I am a labourer, and live at 15, Charles Street, Plumstead—about 9.30 on this night I was at 4, Lincoln Terrace, and heard a cry of "Murder!" three or four times—I was just knocking at the door of No. 4—the cry came from a brickfield—I saw the last witness, and followed him into the field, and saw the prisoner there—he ran away from the woman as we came up—I followed him—I knew him before—I said "George, what have you been doing of?"—he said "My name is not George, it is Charley Holmes, give me my b—y money, I have been robbed"—there was a struggle between Canning and the prisoner—the prisoner took his coat off as we got up to him—the woman walked away—I saw blood at the bottom of her stockings, and her petticoat—I went some 200 yards from the spot where I had first seen her—I saw her again sitting, opposite the road—I observed some blood there.
WILLIAM EGERTON SAUNDERS . I am house-surgeon at Guy's Hospital—at 3 o'clock on Sunday morning, 11th September, Sarah Sea ton was brought to my house—she was bleeding and insensible; I examined her—I found she had a wound in the peritoneum about an inch and a half long—there had been considerable loss of blood; the wound was partly lacerated and partly incised—a blunt instrument, or a knife, might have done it.
JOHN HURSEY (Policeman R 180). On Sunday morning, 11th September, I had a coat and cap shown to me at the police-station, about 10 o'clock in the morning, when I came on duty—I went to 11, Francis Street, Woolwich, about 12 o'clock—I saw the prisoner, and told him I should take him into custody for violently assaulting Ann Seaton on the previous night, about 9.30, in the brickfield at Plumstead—he said "I met a woman in Plumstead Road, and treated her to several half-quarterns of gin, and when I left there I was so drunk I did not know where I went, or what I done"—when I brought him to the house, Canning was standing outside—he nodded to me to inform me he was the man—I searched the prisoner; I found nothing on him, nor at his lodgings—I asked him at the station if that was his coat and hat, and he said "Yes"—I asked him how he came to leave them behind—he said he got into a row at Plumstead with some parties, and it was getting too hot for him, and he left them behind.
SARAH SEATON (re-examined). The prisoner looks like the man I had a glass of gin with—I did not recognize him before—I had not been long with him—I came outside the public-house with him and bid him "Good night," and did not see anything more of him till he came up to me—I can't say how far it is from the brickfields to where I had the glass of gin with him—it was in the way to my father's—I did not know exactly where my father lived.
JOHN WILFORD SADLER . I keep the Burridge Arms, at Plumstead—on 10th September I saw the prisoner there, with the prosecutor—they came in together—they were there about five minutes, and had two glasses of gin and a biscuit—they appeared sober—the prisoner had been in before that night—there were six or five of them together, and I noticed him to be of the party—he left them—they remained there, and he did not come back to them again.
GUILTY of unlawfully wounding — Twelve Months' Imprisonment.
Before Mr. Justice Lush.
The prisoner received a good character— One Month's Imprisonment.
Before Mr. Common Serjeant.
ALFRED TAYLOR PLEADED GUILTY — Fifteen Years' Penal Servitude.
conducted the Prosecution; MR. COOPER appeared for Copeland, and MR. HUNT for Mattock.
JAMES BRANNAN . I was formerly in the Metropolitan Police, and and now frequently employed as a detective by the Mint—on 17th September, about 2 o'clock in the afternoon, I went, with nine officers, to 4, Orchard Terrace, Battereea—the street-door, which was shut, was forced open by Miller—he at once entered, and proceeded up stairs, to a sort of ante room, on the middle landing, the door of which was opened and immediately closed—it was forced open by Miller, and we found the four prisoners in the room; Sarah Taylor, who was standing close to a table, seized this pair of iron clams, in which was this mould, with two half-crowns in it—it was so hot I could not hold it—after some trouble I got it from her hand; but not till she broke it—on the table was this file, with white metal in its teeth, and a galvanic battery rod, with the screw detatched, and near it also a paper band corresponding in size to the mould, with plaster sticking to it—they all resisted, except Mattock, who stood still and seemed confounded—this ladle, containing white metal, nearly fluid, was on the grate, and on a trivet, hanging on the grate, was a double plaster of Pahs mould for making half-crowns, which Copeland seized, and she and Miller had a struggle—it had not been used; it was hot, and put there to dry—I found several finger-stalls for holding the hot moulds, and Inspector Aspenshaw handed me two good half-crowns, from which the mould appears to have been made—this black bag, containing two galvanic battery jars and a porous pot, were near the table—the pot is used for immersing coins in the solution—I also found this board, which is used for drying the coins; placing them on a flat surface causes them to be discoloured; but by placing them on these nails, a very small portion touches the flat surface; I also found plaster of Paris, emery powder, white sand, and all the implements necessary for making coating, and colouring coin—as we went in a cab Copeland said "I hope you won't hurt this young woman (Mattock), she knows nothing about it; I cannot say so of myself"—Alfred Taylor said "I" or "We were going out, when we used up all the metal".
Cross-examined by MR. HUNT. Q. What is the size of the house? A. Four rooms, with the kitchen and ante room; this room was on the first-floor back—we were not a second breaking in the door—we crowded up in to the room, and there was a great confusion there; but I did not talk loud—I know Copeland's husband; he lived there part of the time, but he has two or three residences—I had rather not answer any questions about him.
Cross-examined by MR. COOPER. Q. Did Mattock cry and say "Oh, Mr. Taylor, what is this? A. No, I do not know whether Copeland said "I would not have cared if you had not been here," as I was struggling will Taylor—I have known Mattock from her childhood—she went to school with some of my family, and what I know of her has been excellent—I sympathise with her, her father has done duty under me in the police for years and has now retired with a pension.
JOHN HENRY HARRISON (Police Inspector N). I went with Mr. Brannan—I was not there when the door was broken, I followed up afterwards, and found the four prisoners in the room, and the whole of these things—I saw two half-crowns taken from Ann Taylor's pocket.
Cross-examined by MR. COOPER. Q. Did you hear Mattock come in saying "Oh, Mr. Taylor, what can this be?" A. No—I heard Copeland say to Mattock "I would not have cared if you had not been here."
WILLIAM MILLER (Detective Officer G). I was with the other officers—I broke open the street door and entered first—I saw the prisoners all rush to a little door on the staircase, saying "Here they are"—as I rushed up stairs they fastened the door, I forced it open, and was first to enter the room—Taylor was behind the door with a hammer in his hand, Sergeant Brannan seized him, and there was a struggle—Ann Taylor rushed to the table—Copeland rushed to the fire-place and tried to get a mould off the trivet—I struggled with her, one went on the floor; I took the mould from the trivet and handed it to Brannan—Copeland said she should not have cared if Mattock had not been there—I found a bad shilling on the mantel-piece wrapped in paper and covered with a tumbler.
FANNY THOMPSON . I am barmaid at the "Queen Victoria," Falcon Road, Battersea—one night in July, after 12 o'clock, four persons came together, one of whom was a man—two went away, and two, who I am pretty sure were Mattock and Copeland, remained—they had, I think, a half-quartern of port wine and a pint of 6d. ale—they paid in good money, and afterwards Copeland called for a pot of 6d. ale, which she took away in one of our cans, and gave me a half-crown, which I put at the side, because the till was cleared and the money counted up—I gave her two shillings change, and they left together—V 71 came in and told me something—I found the half crown was bad, marked it and gave it to him.
Cross-examined by MR. HUNT. Q. Are you sure they left together? A. Yes, the home is at the corner of the road they live in—we do a good family trade, and send out a great deal of beer in cans—the prisoners did not frequent the house, to my knowledge, but I know Mattock, because she asked me to open the door into the other compartment, as it was so full—I did not see them from July till the 23rd of September—the potboy told me he went to their house for cans, but when I took the money I was not sure it was them.
HENRY STIRLING (Policeman U 71). On 11th July, I met Mattock and Copeland, and a man I am not sure of in Falcon Road—I followed them to the "Black Queen" public-house, they went in at the side-door, and were let into the middle compartment; the house used to be the "Queen Victoria"—they were there five or six minutes—I watched them through a crevice, Mattock and a short female who is not here came out and went away together—I then crossed the road, that they should not see I was watching—I then went to the crevice again, and saw Copeland throw a half-crown on the counter—she had a can with some beer in it—I went in and spoke to the barmaid, who gave me this half-crown—I put my initials, and she put her cross on it.
Cross-examined by MR. HUNT. Q. Were you in uniform? A. Yes, I followed them, and they all got together again before they got home.
Cross-examined by MR. COOPER Q. And was Mattock a warder there? A. Yes—I give her a good character—I have a good opinion of her.
MR. O'CONNELL. Q. How long is it since she left the place? A. I think it was in the beginning of June—she was not discharged—she resigned voluntarily.
ALFRED REDFERN . I am a tailor, of 2, Mantua Street, Battersea—the prisoners' house is at the back of mine, and I can see into their rooms quite plainly—I have seen them melting metal on the fire, and taking it off and pouring it into moulds, and taking it out of the moulds, and putting it into a basin—I have seen all four of the prisoners doing that—I did not give information.
Cross-examined by MR. COOPER. Q. Were you as far off them as that window? A. No—I have observed this for two or three mouths.
COURT. Q. Are you positive you saw Mattock there when metal was being melted and put into moulds? A. Yes—I am sure of one occasion when I could distinguish her, that was about a fortnight or three weeks before they were taken.
Cross-examined by MR. HUNT. Q. Did you give them a rent-book? A. Yes, and they paid very regularly.
Cross-examined by MR. HUNT. Q. Among other things, did you find this paper? A. Yes, it is a bill made out to Mr. Copeland.
WILLIAM WEBSTER . Here are two genuine half-crowns of 1836 and 1843, they have been in plaster, and have formed the patterns for making moulds—this is a double mould for half-crowns made from these patterns; it has not been used—this is a double mould of both aides of a half-crown—in the obverse sides are two counterfeit half-crowns, made from the patterns I spoke to first—the get is attached—here are all the materials for making coin.
S. A. Taylor's Defence. I am innocent; what I did was under Taylor's authority.
COPELAND— GUILTY* Recommended to mercy by the Jury — Seven Years' Penal Servitude.
S. A. TAYLOR— GUILTY — Five Years' Penal Servitude.
MATTOCK received a good character— NOT GUILTY .
conducted the Prosecution.
ANN MURRAY . I am the wife of Charles Murray, of 8, Upper Marsh, Lambeth—on 10th September, I served the prisoner with a half-quartern loaf—she gave me a florin—I gave her the change, and she left—I then found it was bad, and followed her, and asked her if she was aware she gave me a bad florin—she said "Follow me"—I followed her to Stangate Street, and asked her how much further; she again said "Follow me"—I saw a constable, and gave her in charge with the florin.
Road—on 3rd October I served the prisoner with a quartern of rum in a bottle, it came to 6d.—she gave me a florin—I told her it was bad—she said "That be belowed for a tale!"—she was given in charge.
GUILTY **— Six Months' Imprisonment.
conducted the Prosecution.
JOHN FINCHAM (Policeman B 180). On 23rd September, at 5.30 in the evening, I was on duty at Nunhead Cemetery, and saw the prisoner with a sack oil his back—I followed him three-quarters of a mile to Oliver Road, Peckhara, where I stopped him, and said "What have you got?"—he said "A sheep"—I said "Where did you get it from!"—he said there had been an accident at Bromley, and it had been run over by a waggon and killed, and he gave 50s. for it—I said his statement did not satisfy me, and I should take him to the station—he said "Very well"—I found in the sack the hind quarters of a sheep, wrapped up in a skin, and tied round with rope; this is the skin.
Prisoner. Q. Do you know the field? A. Yes, it is a thoroughfare—if a dog hunted the sheep it might possibly get astray—I cannot swear that it did not—I can swear that this skin came off the meat that you were in possession of.
MR. HUNT. Q. Is there a foot-path through the field? A. Yes, there is no water there.
THOMAS LAMB . I am a butcher, of Lewisham—I believe this skin to have come off one of my sheep—I saw this mark in red ochre on it when I bought it—I count my sheep every day—I missed none Wednesday morning, and the prisoner was stopped on the Friday—there is a foot-path through the field and the Ravensbourne River runs at the bottom—the sheep was worth about 60s.—the prisoner was in my employ some years ago.
Prisoner. Q. Was there not a possibility of the sheep straying? A. Not so as to get skinned and get into your sack."
Prisoner's Defence. Gentlemen, there must be some doubt upon your minds; and if there is, I hope you will give me the benefit of it.
GUILTY .— Fifteen Months' Imprisonment.
Before Mr. Justice Hannen.
MESSRS. LEWIS and LILLEY
conducted the Prosecution; and MR. STRAIGHT the Defence.
come out of his door and walk away—I saw a quantity of smoke come out of his door—he shut it after him—I saw a great light under the door—I opened it and found the place in flames—the flames were opposite the door, between the front and back rooms—the front room was full of flame—I got some water to put the fire out, and a young man helped me—about three months ago I heard the prisoner say he would set fire to the house, and burn us in our beds, using very bad language—there are people living in the house with him, and I live next door—I remained till the fire was put out—it did not take five minutes—I afterwards saw the prisoner at the station—he was very drunk.
Cross-examined. Q. Did you speak to him when you came out? A. No, I opened the door by a string—a coal cellar is under the stairs, it is in a room, the outer door opens into a room, there is no passage—I saw he was drunk when he went from the door—I am his sister-in-law—he has fallen into the habit of drinking too freely ever since Christmas—he has always been subject to fits, they are not in consequence of drink—when he said three months ago what I stated, he was drunk—he has lived in that bouse twelve or thirteen years—he 1s. a tin-plate worker—he did not use Taper patterns for his work, that I am aware of—there was no one in the Louse at the time—I never said when the collector came for the rent, that I wished the place was all burnt down, because they would not do repairs which I said were necessary—they would not do the repairs—the prisoner had very little furniture in the house—there was a bed and bedstead, a table, some chairs, and his tools—he was uninsured.
MR. STRAIGHT. Q. What rooms did he occupy? A. Two rooms down stairs and the back room up.
WILLIAM BRIDGEMAN . I am a wood cutter, of 13, New Street, Princes Road—I saw the prisoner come out of his house, and saw smoke at the top of the door, and a light under the door; which I said was too much for a candle—I saw Miss Doe open the door, and then saw the inside of the house—there was a fire in the cupboard, and by the side of the cupboard door there was wood chopped up, and paper, and the cupboard was full of coke—a deal table was broken up into small pieces, which were all standing up where the fire was—they were slightly burnt, and the paper was in full blaze underneath—I helped to put it out—he had been breaking the furniture up for some time before.
Cross-examined. Q. Was the wood inside the cellar-door, or outside'? A. Outside—some of the pieces of the table were as small as my hand, and some as thick as my arm—there were some covers with the paper; but it was not a book—I kicked it, but did not put it out directly, not till we got water—the wood was very slightly burnt, and the cellar-door was just scorched.
COURT. Q. What was it that took you some time to put out, anything but paper? A. Paper and wood—the wood was only slightly burnt; but the paper was in full blaze—the fire had only got slight hold of the wood.
JOHN UNDIRWOOD (Policeman L 11). I heard cries of "Fire!" went into the back room, ground floor, where there is a cellar under the stairs—I found a quantity of loose wood, some placed perpendicularly against the cellar-door, and some scattered about—the floor was strewed with water, and a portion of the door was slightly blackened by the heat of the fire—the coal-cellar was full of coal and coke—the coal-cellar door had been opened, and the wood placed against it, and the paper lighted under it—I
told the prisoner the charge at the station—he said "It could not be me, for I was at Kennington Cross at the time the fire occurred"—that is about five minutes' walk from the house—he had had some drink—he was rather absent about giving his name and address; but other questions he answered reasonably—the fire was not near the fire-place, it was quite on the opposite side of the room.
MR. LILLEY. Q. What sort of paper was it? A. Brown paper and newspaper—I did not say before the Magistrate that the prisoner did not seem sober, I said he was very excited, and that I say now.
FRANCIS BOWKER . I am fireman to the Metropolitan Fire Brigade—I went to 3, Cadogan Street, and found a lot of wood and paper, slightly burnt, on the floor—there was very little furniture in the down-stain room, and no carpets—the cellar-door was scorched.
Cross-examined. Q. Slightly? A. Yes.
MR. STRAIGHT to M. A. DOE. Q. Have you been into the prisoner's rooms? A. Yes—there was regular furniture in them; it was his own.
The prisoner received a good character—
NOT GUILTY .
871. GEORGE HOLMES † (22), and WILLIAM LOVELOCK† (22), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of William Abbott, and stealing eight spoons, twelve knives, and other articles, his property— Fifteen Months' Imprisonment each.
872. EDWARD DESIRE (29), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Robert Henderson, and stealing two coats, and other articles, his property; and also to three other indictments for burglary. He was also charged with having been before convicted.
HENRY THOMAS ROGERS (Police Sergeant E 38). I produce a certificate—(Read: "11th June, 1866, Desiré" Loco convicted of stealing a diamond bracelet, and sentenced totwelve months' imprisonment"—I was present at the trial—the prisoner is the same person.
GUILTY— Fifteen Months' Imprisonment.
MR. ST. AUBYN
conducted the Prosecution; and MR. GRIFFITHS defended Stedeu.
BRUNO RICHTER . I am a pocket-book maker, and live at 6, Henrietta Place, Peckham—on the night of the 10th October, about 11 o'clock, I was in the Rosemary Branch public-house—I stayed there till 1 o'clock, when the house closed—I was sober then—while I was there the two prisoners came in with another man—the landlord knew me and he let me out of the side entrance into Southampton Street—the prisoners went out at the front-door—I heard footsteps behind me when I was some little distance from the house—as I was going round the corner to my house the prisoners caught hold of my arms, and they almost strangled me—I could not call out or do anything—the third man came in front of me and took my watch-chain that hung in front of my waistcoat, the chain broke and left my watch in my pocket—they all three ran away—I am quite sure the prisoners are two of the men that were there—I took hold of Stedeu, he got away and I followed him—he went into a house in South Street, and I stopped out-side
the house about ten minutes, till a policeman came; it was about 1.30 I told him what had happened, and he went and knocked at the door—Stedeu answered it—the policeman said "Is that the man;" I said "Yes, that is one of the men that followed me, and I have been in company with him all the evening from 11 to 1"—he was taken into custody.
Cross-examined. Q. He defined it, did not he? A. He said "I don't know anything about it"—I had been out for a walk that evening with a friend—I left home about 8 o'clock—we did not go into any public-houses—I did not have anything to drink from 4 till 11, except a cup of tea—I went to the Rosemary Branch at 11, and stayed there till I—I had a smoke and two 2d. worths of gin and water; that is all I had—the landlord had a glass with me—I did not see the men coming behind me—they round my neck and nearly throttled me—it was rather a dull place—I was very much confused and frightened for three hours afterwards.
Surridge. Q. What clothes was I dressed in? A. The same coat you have got on how—I did not take much notice of your dress—I followed you Rosemary Branch again to the house where you were found—it was shut up at that time.
WILLIAM FOOT (Policeman P 374). On this morning, I was in South Street Camberwell—I saw the prosecutor there—from what he said to me, I knocked at the door of No. 62—Stedeu answered the door; he was undressed—I asked him if he was at the Rosemary Branch with the prosecutor that evening—he said "I was"—the prosecutor said "That is the man who robbed me"—the prisoner said "I know I was in the house the whole evening, but I know nothing of the robbery"—the prosecutor said that Diamond Row, and another man came up from behind and snatched his chain.
Cross-examined. Q. He said Stedeu did not take the chain, but held him while the other man took it? A. Yes, I believe there is an officer in force of the name of Bunting—I don't know that he has had to pay heavy damages for biting Stedeu'a lip off—I never heard of such a thing—I know that Stedeu and Bunting had some ill feeling with one another—I don't know that Bunting gave him two sovereigns not to say anything about it—I don't know what the ill feeling was about, I never inquired—Stedeu appeared to have had a little to drink; he was not drunk; the prosecutor was sober.
CHARLES STEVENS (Detective P). From information I received, I went to Diamond Row between 7 and 8 in the morning, and found part of the chain where the robbery took place—I apprehended Surridge, and charged him with being concerned in the robbery—he said, "I was in Stedeu's company last night, but I don't know anything of the chain."
Cross-examined. Q. Stedeu was not there, was he? A. No, he was in custody—I heard there had been a row between Stedeu and Bunting, but I was at Bromley Races at the time—Stedeu's father told me at the Court here the other day, that Bunting has had to pay him 2l. and has to pay him 2l. more in six months.
WILLIAM UDEN . I keep the Rosemary Branch, at Peckham—the prisoners and the prosecutor were in my house on this night, some considerable time—they all left together at about 12.55—the prosecutor went out first, and Surridge followed him—Stedeu went out at another door with out first, and mainder of the customers—it was just closing time.
Cross-examined. Q. Stedeu went out of a door that leads into another road altogether? A. Yes—I can't say whether the prosecutor was there at 11 o'clock—I was not in the bar the whole time—he was not tipsy—I don't know how much he had to drink—we do a pretty good business.
SURRIDGE. Q. When the prosecutor went out of your side-door, did I not ask whether you were going to have your ceiling done, and you told me to come to-morrow? A. Yes—I did not notice what dress you had on—there might have been twenty or thirty persons in the house at the same time.
COURT. Q. Did you have any talk with the prosecutor that evening? A. Yes, he was quite sober when he left—the prisoners were standing at the bar, near the prosecutor—I knew both the prisoners before personally, and the prosecutor also—the prisoners had been at work for me—I don't know how far it is from my house to the prosecutor's.
BRUNO RICHTER (re-examined). When the men ran away they separated one from the other—I followed one of them, I began to follow directly—I daresay he was about the length of this Court from me—I could not say exactly, perhaps thirty or forty yards—I did not lose sight of Stedeu before he went into the house—I gained on him—he went through a wooden door into the garden—I did not see him go into the house—he was about twenty yards from me when he went into the garden—there were two or three turnings before he got to the house, and he got round them before I did—I caught sight of him before he took another turn—he was not running, it was a fast walk—I waited outside the house till the policeman came up—I called out "Police," as I followed him, loud enough for him to hear, he did not run or take any notice—this is my chain.
Stedeu received a good character—
NOT GUILTY .
Before Mr. Recorder.
MR. CECIL conducted the Protection.
GEORGE MUNRO . I reside at 31, Taylor Street, Newgate—on 31st August last, I sent the prisoner to Norwood to fetch up some lambs, pigs, and two calves—he brought the lambs and pigs, but not the others, for which I had given him 10l. 3s. 6d.—the calves never came—I told him to bring them to the slaughter-house—I never gave him any authority to sell or dispose of those calves.
Prisoner. Q. When you sent me after the cattle I brought them to where you authorized me? A. Yes—I deny that I said, when you took them to John King's, that I did not know the worth of them, and that you might do what you could with them—you proposed to bring me a customer the day before I sent you for the calves—when I met you on the Monday I said "Billy, what have you done with the calves?"—you said you had sold them to a butcher, at Bermondsey—I said "I never authorised you to sell them," and you said "All right, governor, I have sold them for 6l. 10s.,"and that you had bought a horse, which you had sent into Tatter-sail's, and that Mr. Smith, of Sutton, had bought it—we had a long conversation over two pints of beer.
ROBERT BELL . I am a detective—I saw the prisoner on Saturday, the 17th of September—I said "I shall apprehend you for stealing two calves, the property of Mr. Munro"—he said "I did not steal any calves"—on the way to the station he said he had borrowed the money from Mr. Munro, and had the calves, and that he had sold them to a butcher in Bermondsey—before Sir Robert Garden he said he had sold these calves to a person named Wrangham.
THOMAS WRANGHAM . I am a meat salesman in the Metropolitan Market—I bought two calves of prisoner for 6l. 15s.—he came to me, and said he had got two calves that he had bought in the country, and he was certain I would buy them, and I said "When can I see them"—he said he had to go in the country to get them—this was in the morning.
Prisoner's Defence. I did not mean to rob the man of the money or the calves; I had not time to get the money together to pay Mr. Munro, or I should have done so.
NOT GUILTY .
ADJOURNED TO MONDAY, 21ST NOVEMBER, 1870.