CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 21ST, 1870.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I. to VI.
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, November 21st, 1870, and following days,
BEFORE THE RIGHT HON. THOMAS DAKIN, LORD MAYOR of the City of London; Sir GEORGE WILSHIRE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir WILLIAM BALLIOL BRETT , Knt., one of Her Majesty's Justices of the Court of Common Pleas; THOMAS QUESTED FINNIS , Esq., Sir ROBERT WALTER CARDEN , Knt., WILLIAM LAWRENCE , Esq., M.P., WARREN STORMES HALE , Esq., WILLIAM FERNELEY ALLEN, ESQ., Sir JAMES CLARKE LAWRENCE , Bart, M.P., and ROBERT BESLEY , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; ANDREW LUSK , Esq., M.P., and THOMAS SCAMBLER OWDEN , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Eaq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
DAKIN, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 21st, 1870.
Before Mr. Recorder. Recorder.
MESSRS POLAND and BEASLEY conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and CLARK the Defence.
ALFRED ENGLAND . I resided at Percy Lodge, Belmont Road, Twickenham, and am a private gentlemen—I was absent from home from 31st March last up to 23rd July, and left the house without servants, unoccupied, with everything in the house, except the silver—I left the plated goods, and also this clock—I valued the clock At 5l.—before going away I wrote to the police-station and said I should be away for some months, and suggested that the policeman on the beat should look after it—I had fastened all the windows the boarded up the windows on the lower floor inside, and locked them—the kitchen door was locked inside, and the key was left in—I looked the house up when I went away—I came lack on 23rd July, and found an entry had been made through a small window, 3 feet by 2 feet, in the kitchen; the bolt was forced and the boards broken down—I missed this clock, and that was the only article I missed—the glass at the back was very much cracked when I lost it; it has a new glass now—I am positive this is the clock—I called at the police-station on the 23rd, but the servants was out, and I saw him on the 24th—I recollect the prisoner being at my house twice, in that very room where the clock was, about ten days before I left—Mr. Scaley lives next door to me—I had never spoken to him until my return, on 24th July—there was a wall separating the two houses—the prisoner was not there when I spoke to Mr. Scaley—I next saw the clock when it was shown to me by sergeant Payne, on a Monday, the day that the prisoner was released from the Old Bailey.
Cross-examined. Mr. Scaley lives next door to me—our gardens adjoin—there is a wall, 5ft. or 6ft. high, round the gardens—Mr. Scaley had a playground at the bottom of the garden, where his children used to play—Mr. Healey had been to my house twice; he called about a ladder that was against the house—I identify this clock by a fracture at the back of it, and also by a small mark in the figure "l" in the enamel—I did not see the clock until a month or two months ago—on 29th July Mr. Scaley asked me if I had lost anything out of my house; I said "I hare lost a clock, and that appears to be the only thing I miss"—he said that a man named Smith told him that he had bought a ticket of Healey, and that he told him that he cracked a crib next to Scaley's house, of a man who had gone abroad—I did not give information to the police about that—I had called at the police-station on the 23rd, before I spoke to Scaley—there were some plated goods in the house—they were in the same place as when I left them, done up in a parcel—I did not miss any other property—there were things in the house of the value of very nearly 1000l.—I think Scaley has been my neigh-hour for twelve months, but I was away four months out of the twelve—he was no friend of mine whatever, nor was the prisoner—I won't be certain whether Mr. Scaley told me where the person Smith lived, or not—I think he said he lived at Sudbury—I don't know whether he does—I don't know Smith at all—I have seen a chisel—it has been compared on an attempt at my front door—it exactly corresponded with the mark on the door, but an entry had not been effected through that door—I know nothing about the chisel, except by reading of it in evidence—Sergeant Payne brought it to my house—I have compared it with the marks on the window, and it does not correspond there.
Re-examined. The conversation that I had with Scaley was at the end of July, long before the clock was found—the prisoner came to my house about a ladder which was against my house; it bad been put there by the proprietors of the house—I told him I was anxious to have the ladder away, as I should be away four or six months—there was a pier glass in the room, and he must have seen this identical clock in the house.
GEORGE LUCY . I am assistant to Mr. Attenborough, a pawnbroker, of 32, Strand—on 9th April someone brought a clock resembling this one, and pledged it for 25s. in the name of Thomas Edwards—I know Mr. Scaley—it was not pledged by him—I gave a duplicate to the person who brought it—it remained in our possession from the 9th till the 30th April, when it was redeemed by a female, who paid the interest and the principal, and gave me the ticket—I have the ticket here, with the name of Thomas Edwards on it, and dated 9th April.
Cross-examined. I don't know the prisoner—I have known Mr. Scaley about two years, as pawning things, jewellery and plate, on numerous occasions, extending on the whole two years—he never pawned anything but jewellery and plate—I did not have conversations with him—he gave me his address, and I knew who he was—he gave me his address at the Bank of England, and also his private address—the things he pawned would amount altogether to some few hundreds of pounds—I have seen him and conversed with him during the progress of this trial.
Re-examined. He was a clerk in the Bank of England, we were led to believe—he always pawned in his own name.
in the Strand, either the Utter end of April or the beginning of May; I don't remember the exact day—it was about that time—I went and redeemed the clock; it vat pledged for 25s., and I paid nearly 1l. 6s.—this was the clock—the glass was out at the back, and there was no key—I took it to my jeweller's and had it repaired and cleaned, and a new glass put at the back—I delivered it afterwards to some person who came from Mr. Walls—that was four or five months after—this paper was brought to me on the day I gave it up—the clock was on my mantelpiece in my room—I treated it as my own.
Cross-examined. I had received directions from my husband before that piece of paper was brought to me, and I gave up the clock in consequence—I have seen the prisoner in London; not at Twickenham—I did not know his father till lately—he is a gentleman residing at Twickenham.
ALFRED SMITH .—I live at Kilburu, and keep an hotel—I formerly lived at 3, Wilton Place, Regent's Park, and before that at Hampton—I was then a corn and coal merchant—I have known the prisoner some years—I left business for some time in June, and the prisoner managed my business while I was away—he had been my clerk about two years before—he was with me a short time—I gave him commission on what goods he sold—I think I have seen this duplicate—I bought it from the prisoner for 2s. 6d.—I noticed the name of Thomas Edwards on it—I bought it in my office at Hampton—he called on me, as he used often to do, and he said, "I have got the ticket of a clock; it is a very good one, and if you like I will sell it to you; "I said, "What do you want for it?" he said, "Half-a-crown," and I bought the ticket—that was about the latter end of April or the beginning of May—he said the ticket was given to him by a friend—I did not ask him who his friend was, or anything about it—I did not to to look at the clock; I always took him to be respectable, and I had no doubt about it—I gave the ticket to my wife, and the money to take the clock out of pledge, she took it to the jeweller's to be repaired, before it came to my house—we kept it in use from that time until 17th September, and it was given up to Mr. Walls' clerk, by my directions—Mr. Walk is a solicitor at Walbrook—I did not know whose solicitor he was then, but Captain Healey told me he was the prisoner's solicitor—at the time I gave up the clock the prisoner was in custody on a charge—I knew Mr. Scaley was a witness against him—I had heard the clock had been stolen—I gave it mp through speaking to Captain Healey about it—the charge on which Haley was in custody was referring to a child that one of my servants had given birth to—I was not a witness in that case—I was unmarried at that time.
Cross-examined. I first heard that the clock had been stolen some time in July from Scaley—he wrote me a letter, and in consequence of that I had an interview with him—the prisoner was my clerk, at 10s. a week—I knew his father, Captain Healey, living at Twickenham—I understand that Scaley is a clerk.
EASTERN COX . I am clerk to Mr. Walls, solicitor, of 13, Walbrook—on Saturday, 17th September last, he sent me to Smith's for this clock—I took a note with me—this is it, it is in Mr. Walls' writing—I presented it to Mrs. Smith and received the clock from her, and I handed it to Mr. Walls; and on Monday, the 19th, it was given up to a police-constable, who took it away—Mr. Walk is defending the prisoner to-day—he appeared before the Magistrate for him on the original charge, and on this charge.
BURNAND AMBROSE THOMAS SCALET . I live at the Laurels, Belmont Road, Twickenham—I have been married five yeas, and have two children—my place is next door to Mr. England's—in April last my cook made a communication to me—it was on a Sunday morning; I am not sure about the date—my wife and the prisoner and one or two others were in the room—she asked me to come round and look at Mr. England's window, and the prisoner and myself went round to the side of my house—the prisoner jumped over the wall and merely looked in at the window—I said "Let us go down to the station and tell the police," or words to that effect—the prisoner did not seem very anxious to go—he said "Oh, never mind," or something of that sort—the window had been broken and the boards forced away and partly pushed in—I did not get over the wall myself—the prisoner came over the wall again and we went out together—we met Sergeant Payne and another constable—I told Payne that one of Mr. England's windows was broken; he said "That might have been done by a stone"—I said I did not think so, as it was a side window—he then accompanied us back to my place, and Payne got over the wall—we remained in my garden—Payne looked in at the window and made some remark; he said it was very mysterious—we then went to the bottom of the garden, where there were some footmarks on some newly dug ground—Sergeant Payne said "How do you account for those leading into your garden?"—I said one of my children had thrown a ball over and the nurse had gone to fetch it—the nurse could not get over the wall and she had some steps—that was a person named Mary Bishop—there were marks of the steps—I believe Mary Bishop came up while the conversation was going on, and she said "I got over to get the children's ball"—Sergeant Payne then went away—he came again in the afternoon, but I did not see him to speak to—I think the prisoner dined at my house that day—I was on friendly terms with him—I did not go into the house later in the day—Sergeant Payne did not go in that day, because he was alone—some time after this the prisoner made a communication to me with reference to another matter, and I gave information to the police and he was taken into custody, or surrendered—it was on a charge of concealing the birth of a child which was found in the river—I was examined as a witness against him before the Magistrate, and I was bound over as a witness—the prisoner was committed for trial to Newgate for the Session commencing on 19th September—I know Attenborough's, the pawnbroker's, at 32, Strand—I know nothing about the clock being pawned there—I Defer saw the clock till I saw it at Brentford in the possession of the police—I have an idea, but I never saw the face of the clock—I certainly did not pawn it—I believe I know when it was pawned—I know nothing about the duplicate in the name of Thomas Edwards—I saw the prisoner with a pawn ticket—some time in April I was at home on account of the illness of my children, and I saw the prisoner come out of his father's house with a parcel which I partly saw opened, and I saw a round glass which was cracked right across—that was the first week or week and a half in April—the prisoner went up to town with me that day—he said he wanted some money, and he wanted to know the best place to get it; I said I bad had a great many dealings with Mr. Attenborough, in the Strand, and he could not do better than go there—he went there, and I left him at the door of Mr. Attenborough's shop—I went in to Mr. Attenborough's; I had some interest to pay—I met him as I came out—he had to go somewhere else,
and I met him two hours afterwards in Covent Garden, in the central row, and we retained to Twickenham together—he had a new hat on—he had not got the parcel when I met him in Covent Garden—I was on friendly terms with him up to the time at made the statement to me which I communicated to the police.
Cross-examined. I taw the prisoner come out of his father's gate with the parcel—it was a brown paper parcel—I saw the back broken when we were in the railway carriage—he put it up in the first-class carriage where they put parcels; and when we got near London he took it down, and a portion of the paper was broken and I saw the round glass, tad heard a tick like a pendulum—he said he wanted to know where to get some money—he did not say what it was—I imagined it was a clock—I don't recollect that he said what it was; he might have done; I knew he was going to pawn it because he asked me where to get it pawned—he did not tell me it was a clock, and I did not see it, but it could not be anything else—I have not said anything before about having seen him come out of his father's house with a parcel and going to Attenborough's, or about the new hat—he had a new hat when he met me in Covert Garden—I never mentioned that before—I saw Lucy when we went into Attenborough's; he was there—I don't think he attended to me—I went to pay some interest, and I wanted to ask a question relative to some things there—I did my business and went away and left the prisoner there—there was a charge against Mr. Smith's servant for concealing the birth of her child—I was not a witness in the case against the girl—she was triad and acquitted—I was a witness against the prisoner on the charge implicating him with the woman in concealing the birth—my evidence was that he had thrown the body into the river—I said what he told me—I repeated it before the Magistrate and to the grand jury; they ignored the bill; the prisoner told me he had put it in the Belmont river, with half a dozen bricks round it—that was in substance what he said; there was a food deal he told me—I told the grand jury all that had been said—I am now living on my means—I have resigned my position at the Bank of England—I did to on 15th September—I was in the Bank when I gave my evidence to the grand jury, and I resigned after the bill had been ignored—I had 140l. a year in the Bank, and I received a certain sum from my father's executors—I did not receive any pension from the Bank when I left—I sent in my resignation—I never spoke to Mr. England until the day or the day after he returned from the Continent—that was in July—I spoke to him and offered him anything he might want, something to eat, because he had cone off a journey—he declined that, and I don't think I spoke to him again that day; and the next day I asked him if he had lost anything out of his house—I did not mention Healey's name in any way, that I am aware of, either in July or August—I never spoke to Mr. England about the clock till he told me he had lost one—I believe I mentioned Healey's name to Mr. England, but not with regard to the robbery of the clock; I did on another matter—I did not tell Mr. England in July that Mr. Healey had cracked a crib of an American gentleman who had left hit house—Smith told me that, when at called at my house in July—he said he had got a pawn ticket from young Healey, and he asked me if it was all right—I said I did not know, and he said "He has cracked a crib, he says, next door to you;" he said the clock was so heavy that his wife had to take a cab to get it home from the pawnbroker's—I never wrote a letter to Smith in my life—I authorized a
letter to be sent to him—I did not tell Mr. England in July that Smith had the clock—I never mentioned anything about it, to the best of my belief—I did not say to Mr. England in July or August that a man named Smith, who lived at Sudbury, had the clock that was stolen from his house; I swear that, positively—nothing of the kind took place—I repeated the conversation Smith had with me, to Sergeant Payne—it might be that I told Mr. England that Smith had told me that Healey had cracked a crib—I don't think I told Mr. England that Smith lived at Sud-bury; he did live there—I knew where to find him—I have never been inside his house, but I knew where he lived—I did not suggest to Mr. England to go to him—I know a man of the name of Robinson, a painter; he was called as a witness before the Magistrate in this case—he is here to-day—I saw him outside—he found a chisel in the garden next door but one to me—I was with him when he found it—I did not tell Robinson, before the chisel was found, that I had dreamed a dream, and that I knew where the implements were that had broken open Mr. England's house-certainly not; nothing about the dream is true—I have been asked about it before—what passed between Robinson and I was this, I went out to my gate with my father-in-law, and I had a little reading-lamp in my hand, Robinson was shutting up an empty house in Camden Villas, it was about 9.30 or 9.45, he complained of being ill, and my father-in-law said he could give him something that would do him good, for his gout, I went to my father-in-law's house and fetched it, and when I returned Robinson was just inside the garden of Camden Villas, shutting up the house, and as we were coming out of the place he picked up the chisel—we went to Mr. England's door—Robinson had the chisel in his hand, and he put it into a mark and said "Oh, my God, look here!"—the chisel was found just inside the garden—Robinson went in to shut the house, and I walked in too—I saw him fit the chisel to the mark in the door, and I heard what he said—I said nothing about dreams to Robinson—we did not search at all for the chisel; he stepped on it, I think; it was on the garden path—he picked it up and looked at it—I said "You had better keep that, Robinson"—he kept it two or three days, then I asked him to give it to me, and I left it at the police-station as I was going to London—the chisel was found about the end of August or the beginning of September—this is it (produced)—it was found about ten or twelve yards from the front gate; it might be a little more—I authorized a message to be sent to Mr. Smith, and he came to see me on 5th or 6th July—I did not say to him "For God's sake, destroy the clock"—I did not say "You bought the ticket of a clock; it has been stolen; smash it up; throw it into the river"—nothing of the kind; it is utterly untrue—the only conversation about the clock was what Mr. Smith told me himself—I did not say that I had broken into the house and taken some plate which turned out to be plated goods; that I had taken it and tested it—I never was in Mr. England's house but once in my life—Healey went with me on the Sunday morning when we met the constable, after we had seen the window—I believe I have said before, that Healey seemed unwilling to go to the police—I think I said so before the Magistrate, I won't be certain.
Re-examined. Robinson was called as a witness for the defence at Brent-ford—he picked the chisel up and kept possession of it till I gave it to the police—he tried it to the front door of Mr. England's house—I did not say anything about seeing the clock coming up to London, because I did not
know that it was a clock, or anything about it—I only saw the back of what must be a clock, and the glass was broken—the prisoner was represented by an attorney and counsel before the Magistrate—there was no one there for the prosecution—I resigned my situation at the Bank of England be-cause I put my name to a bill, and I knew that was instant dismissal; and I did not want to be dismissed, so I resigned—I know Healey's father; it was his bill—we had a mutual bill of accommodation between us—it was in consequence of a threat used by Healey's father that I resigned—I reported to the police the conversation I had with Smith, as well as to Mr. England—I sent a message to Smith, and he came to see me on horseback—the prisoner told me about the child being thrown into the river, and I communicated to the police—there was an inquest on the child after it was found—the prisoner said nothing to me as to giving evidence in that case—my father kept the Wellesley House, Twickenham, and I hate some money from him—the plate which I pawned was plate belonging to me; it was left to me by my father—Healey's was the first bill I ever put my name to—I have no bills of any sort out now.
JAMES PAYNE (Sergeant T 19). In April last I saw Scaley and the prisoner together—Sealer spoke to me about Mr. England's window—I re-turned with them and went into Mr. Scaley's garden and got over the wall—I saw the window had been broken and the boards forced in—I noticed some footmarks on the border in the garden, that were evidently the footmarks of a female—either Mr. Scaley or the prisoner called my attention to it, and I saw the marks—the prisoner said "I have no doubt it was the servant got over after the ball"—Mr. Scaley said "Ask if anyone has been over," and the reply was "I got over after Tommy's ball"—I did not go into the house at that time—I went in the afternoon—I found the boards had been forced in and one of the doors broken—I found two bundles of plated things and one of silver on the carpet—I found a drawer partly open upstairs—it was full of clothes—there was no one in the house while Mr. England was away—there was no clock there when I went in—I learnt that the clock was missing after Mr. England came back—this chisel was brought to the station—I did not see the person who brought it, but I heard his voice and knew it was Mr. Scaley—the constable brought it in and gave it to me—that was in August, I believe—the front door had not been forced in any way; there was a mark outside, as if someone's foot had been against it—there was a slight mark of a chisel, but I did not open the door—it was a mark similar to that which the chisel would make—I was a witness against the prisoner in September last, on another charge—I received information from Mr. Scaley about the body of a child being in the river—the river was searched and the body was found with some bricks round it—Mr. Scaley and I were both witnesses in that case—the prisoner was committed for trial at the September Sessions, commencing Monday, the 19th—on Sunday, the 18th, I received a letter from Mr. Walls, the solicitor, of Walbrook—he was acting as the prisoner's attorney on the charge relating to the child—in consequence of the letter I went to Mr. Walls' office on the Monday before I came to this Court, and he then gave me the clock—he made a statement to me—I took the clock and made inquiries—I afterwards took the prisoner into custody as he was leaving the Court, on the 21st September—I saw Smith here after leaving Mr. Walls' office—Mr. Walls was present when I took the prisoner—he came out of the prison with him—I said he must consider himself in custody for a
burglary in the dwelling-house of Mr. England, at Belmont, Twickenham, and stealing a clock during Mr. England's absence; and "I have the clock in my possession"—he said "Well, I suppose I must go with you, then?" "Yes, "I said, "you must go back to Twickenham with me"—he said "How are we going!"—I said "We will have a cab"—I called a cab; Mr. Walls wished him "Good-morning," and we drove to the Waterloo Station—nothing further passed about the clock.
Cross-examined. At the time I received the information from Mr. Walls the prisoner was in Newgate—I took him into custody on the Wednesday after the grand jury had thrown out the bill—this case is prosecuted by the Treasury, I believe—I know a man named Robinson who found the chisel—he is here to-day—I have known him nine or ten years—he is a painter, I believe—he has been taking care of two unoccupied houses adjoining Mr. Scaley's—I am not sure whether he is now, he was at that time.
Re-examined. Robinson was examined as a witness for the prisoner before the Magistrate, and was bound over.
MARY DENNIS . I am cook in the service of Mr. Scaley, at Twickenham—on Sunday, 10th April, I noticed the kitchen window of Mr. England's house broken—I went to my master—the prisoner was with him—I told him what I had seen and they went out into the garden.
ALFRED SMITH (Cross-examined by Mr. M. Williams). I had a conversation with Mr. Scaley about the clock—he asked me if I had bought the ticket of a clock from Mr. Healey, and I said "Yes"—he said "For God's sake get rid of the clock; smash it up; I broke into a neighbour's house and took the clock;" he said he also took some plate, that he tested it in his own room, and found it not to be silver, and be got rid of it—it is not true that I told him that Healey had cracked a crib belonging to an American gentleman, and that I had got the clock from Healey, or anything to that effect—I have given you as near as I can the conversation that took place between myself and Scaley about the clock.
Re-examined. This was in July—I can't say the date—I had got the clock then—I did not tell the police anything about it—Mr. Scaley sent me a message to go and see him, and I went on horseback, and then he made the communication to me—I went at his request—I believe my servant had been tried at that time—no, I think not—it was a woman of the name of Stratton—she was my only servant—that was before I was married—I did not say anything to Mr. Scaley about giving evidence, or about 30l.—I did not try and persuade him not to give evidence—I was away at the time my servant gave birth to the child—I was in Guernsey—when I returned, Healey gave up my business, and I did not see him for some time after that—it was a letter Scaley sent to me to go and see him—I have not got the letter—it was simply to say that he wanted to see me particularly—I rode up on horseback—he did not make the communication then; I went on another occasion; I had no one to hold my horse, and I called again—the conversation was at his house—I knew nothing of him until this affair about the child—I only knew that he lived at Twickenham—I did not tell the police I had got the clock, because he begged of me to keep it quiet—he said if it was found out he should get transported—he begged me to smash the clock, and said if it was traced to him, he would get transported
—I knew I had got a stolen clock after this conversation—Healey was a friend of mine—I believe that Scaley gave evidence against Healey after he had made the admission to me—I told him I would get rid of the clock, and when I got home, I told my wife, and she said "We came by it fairly and we will keep it"—Scaley said it was a neighbour's clock.
By MR. M. WILLIAMS. I also made a communication to Mr. Walls, the solicitor—that was about the beginning of September—it was daring the Session, when Healey's case was coming on for trial, about a week before, I should think.
NOT GUILTY .
MR. BOTTOMLIT conducted the Prosecution; and MR. LILLEY. the Defence.
JOSEPH MOLTON . I like at 1, Riley Street, Bermondsey, and am a journeyman lighterman—I was in charge of a barge called the Humber, belonging to Messrs. Ward & Son, on the evening of 2nd October—she was laden with coffee, raisins and figs—I left the barge about 7 o'clock, to go on board the ship to the mate—there were 50 boxes of figs on board the barge—I loaded and counted them—when the boxes were delivered there were only 48—I went on board the ship about 7 o'clock, and was about an hour away—when they were counted afterwards, there were only forty-eight—I told the mate of the ship, and my father told the police—this box resembles one of the fifty boxes I had in the barge—it is one of the parcel of boxes—I saw the prisoner about 7 o'clock—he crossed my barge to take this barge away—the brand on this box is the same as the brand on the boxes I had on the barge.
Cross-examined. I was alone in charge—my barge had got athwart hawse of the tier—there was a good many barges in the tier—there were—I several other vessels near me—I could not say that they had man on board dare say I was absent three-quarters of an hour—I said I went at 7 o'clock, and returned at 8—it might have been longer than that—I have worked with Bush before—I worked for a fortnight in the same firm he was working in about three years ago—I did not speak to him on this evening—it was getting towards dusk when I left the barge—the figs were not under a tarpaulin; they were in oases—I tallied the oases in myself; no one helped me—I tallied them out—I did not see the two boxes afterwards—I knew the boxes contained figs—I did not go on shore—I had to go on board the ship.
GEORGE BENNETT (Thames Police Inspector). On the evening of 21st October, I took the last witness into the police galley, and rowed up to Blackfriars Bridge—I saw the prisoner in a skiff near the bridge—I found under the thwart that the prisoner Was sitting on, this blue pocket handkerchief, containing the figs produced—I asked him bow he accounted for the figs being there—he said be took them out of the barge he had just left—that barge was laden with bricks and sand—we took the prisoner into the police galley, and examined the barge—while we were doing so, the constable called out; "Make haste, he (meaning the prisoner) is taking the figs out of his pocket, and throwing them overboard"—I returned to the boat immediately, and took from his pocket a quantity of figs (produced)—I asked him how he came in possession of them, and he said he took them out of the handkerchief—this box corresponds with the two that were stolen.
Cross-examined. The skiff was about twenty yards from the barge to which the prisoner pointed—it was the barge he had been navigating that evening—I did not see the Humber athwart hawse the tier at all—I found some figs in the prisoner's pocket as well—I have known the prisoner about twenty years—he has always borne the character of a respectable honest man, and worked for large firms along the banks of the river—he said he took the figs from the barge he had just left—I did not see any figs in the barge.
Cross-examined. Figs with that mark are consigned to various consignees—the number of boxes imported is very large indeed.
HENRY PAGE (Thames Police 94). I was with Inspector Bennett, in the police galley—we went alongside the prisoner's boat, and I saw the hand-kerchief under the thwart—we then rowed back to the barge containing the sand; and while the inspector and the lighterman were on board the barge, I heard something being thrown overboard—I said to the prisoner "Don't throw any more over," and I went aft, and found that his pockets contained figs—I called to the inspector, and we took the figs out of his pockets.
NOT GUILTY .
MR. COOPER conducted the Prosecution; and MR. HARRIS the Defence.
SAMUEL HODDER SLADE . I am a grocer, and live at Torquay—on 3rd November I was staying at the Waverley Hotel—about 4 o'clock, on the afternoon of the 3rd I was standing near the Mansion House, in the crowd, and just as Prince Alfred was going to enter his carriage, I looked down and saw the ring of my watch hanging to the guard, and my watch in the prisoner's hand—he was in the act of passing it back in this way, and I seized his hand; but the watch was taken by someone—I called a constable, and gave the prisoner in charge—on the way to the station he asked me not to prosecute, on account of his wife and children, and he said he would give me 3l. 10s., all the money he had in his pocket, if I did not prosecute.
Cross-examined. I was looking after Prince Alfred—I had never seen him before—there was not a very large crowd there, for London—I caught the hand that was nearest to me, and then I caught the man; the same man that had ray watch—I had been out since 8 o'clock—it was a foggy day; it was not dusky.
WILLIAM BUTTIRICK (City Policeman 106). I was on duty at the Mansion House on 3rd November—I saw the prosecutor in the crowd—he called out suddenly that he had lost his watch, and he had hold of the prisoner—I took the prisoner into custody—the prosecutor said he had seen the prisoner pass the watch to another man—I conveyed the prisoner down Walbrook, and he begged the prosecutor to let him go, and said be would give him all the money he had—at the corner of College Hill he commenced an attack on me, placed his legs between mine, and endeavoured to trip me up; failing in that, he endeavoured to force me backwards, and clutched me by the hair—I called to the crowd to assist me, and two or three did assist me—I forced the prisoner into a shop at the corner of College Hill, and took him to the station, after the arrival of another constable.
GUILTY . He also PLEADED GUILTY to having been before convicted in May, 1868. Judgment respited.
NEW COURT.—Monday, November 21st, 1870.
Before Mr. Common Serjeant.
5. FREDERICK WRIGHT (32), PLEADED GUILTY to unlawfully obtaining two sewing machines, with intent to defraud, having been before convicted of obtaining goods by false pretences— Twelve Months' Imprisonment. And
6. THOMAS ROCHESTER (30) , to two indictments for embezzling sums amounting to 20l. 15s., of John Davis Gregory and others, his masters, who recommended him to mercy— Six Months' Imprisonment. [Pleaded guilty: see original trial image]
MESSRS. BESLEY, MONTAGU WILLIAMS, and COLLINS conducted the Prosecutions, and MR. HORACE BROWN the Defence.
JOHN SURRIER TIVER . I am a clerk in the City of London Court—I produce the minute-book of causes tried there—I have the original summons in "Henry Rogers v. David King" on 20th October, for work done, 14s. 8d.—I was not in Court—(The record was here put in, which stated that the cause was tried before JAMES ANDERSON, ESQ., Q.C., deputy for ROBERT MALCOLM KERR, ESQ., Judge of the Court)—The plaintiff and defendant both appeared, and judgment was given for the plaintiff for 14s. 8d. and costs, making 17s. 8d.
Cross-examined. This is signed by T. J. Nelson—I was not present when he signed it—I know that he is never in Court when the cases are taken—I know this to be the minute-book—I do not write in it—Mr. Grant makes the entries; be acts as registrar—he is a clerk in the office—Mr. Commissioner Kerr is the Judge of the Court.
Re-examined. Q. Is this a book upon which you act? A. Yes-moneys are paid in and paid out on this book—there is no other record of the proceedings—I have been there three year—I take the book into Court every morning, and take it out again after business is over, and I then find in it an entry of the business of the day.
EDWARD PRATT . I am a clerk to Mr. Buchanan, of Basinghall Street, solicitor to King & Son—on 20th October I was present when the case of "Rogers v. King" was heard—I produce the original summons—Gibson was called as a witness, I believe originally at the suggestion of the Judge—the claim was for work done—Gibson was sworn, and I took notes of his examination—Mr. Grant, who was sitting as chief clerk, made entries in this book in my presence—Mr. Anderson, Q.C., presided over all the cases while I was there.
Cross-examined. Mr. Buchanan did not call the prisoner, and examine him as a witness for the defence—I do not think he called him, but he examined him at the suggestion of the Judge, and the solicitor for the plaintiff Cross-examined him—the defendant was cautioned at least a dozen times—he repeated it so often that I did not take it down—I did not make a selection from his evidence—the gentleman who sat on the Bench also took notes, but they were not so accurate as mine—the Judge said that he had not been particular in taking notes—(The witnesses notes were here put in, by which it appeared that the defendant said: "I was foreman, at least I considered myself as such; my wages were 2l. 10s. per week.")
By the COURT. The cross-examination began after the witness was cautioned—he was cautioned many times—I believe it commenced where he said that out of the money he received he took 2l. 10s. for wages.
By MR. COLLINS. I did not take the whole of his examination down, because there was such a repetition that I did not think it necessary—I only took what I thought material—I took down everything very fair to the prisoner—I saw the Judge taking notes; I did not stop then—I do not think I left out a single word that would have been of importance to the prisoner—the Judge asked questions which I have put down as "By the Court"—there were one or two more questions by the Court, which I did not take down because I did not think them material—a paper was shown to the defendant, but I was sitting at the back seat writing, and could not see it—the prisoner said "I did not consider this to be a contract, as I was not fixed to time, and I had not to find materials—I believe I have put down that he said "I was not limited to the number of men I had to employ," or something very similar to it—I believe I took down the exact words——I will not say it is word for word—I made no selection; it is not verbatim, because I could not take it in shorthand—I did not see the paper, but they were placed in his hands, and the word "foreman" was on them, no doubt—he repeatedly swore that he was foreman, and on one occasion he said "I am foreman, and consider myself such."
By MR. BESLEY. There was no qualification of the statement that he had no sub-contract—there was no qualification of his oath that he was receiving 2l. 10s. a week in August and September—he asserted that he was foreman, and had no sub-contract—Mr. Weatherfield, the solicitor, who defends him now, defended him then, and asked him whether the 13l. 10s. paid on the day he left, included 2l. 10s. for his wages.
WILLIAM RALPH BUCHANAN . I am solicitor for Messrs. King & Sons—I attended the City of London Court when the case of "Rogers v. King" was heard—Gibson was not my witness—his name was mentioned in the course of the case, and the Judge said "If Gibson is here he can put an end to the case"—I said "Is Gibson here?"—two or three workmen said "Yes, he can be fetched in a few minutes"—he was put into the box, and the Judge said "Examine him"—I took no notes of his statement, but I desired my clerk to do so—I cautioned Gibson, and asked him if he had stated anything he ought not, or omitted anything—he said "I have not stated anything that is wrong, all I have stated is true."
Cross-examined. I have a great many cases in the Sheriffs' Court, and I have been in other Courts, and done a good many cases since that—in the course of my examination of Gibson I cautioned him, and so did the Judge—he said "I did not consider myself a sub-contractor, neither did I find materials," not all in one sentence but at different times during his examination—my clerk goes by his writing, I speak to the best of my memory—Gibson said two or three different times "I considered myself foreman"—he was asked "Were you foreman? and he said "Yes, I was foreman"—that was, I should judge, about the middle of my cross-examination—after stating what he did, I said "I will have an answer, yes or no, are you the foreman or not?"—at last he said, drawing himself up, "I was foreman"—when two papers were put into his hand, he said "These papers call me foreman"—I do not recollect whether they were in his writing, but according to my instructions a little boy wrote one, and the partner the other—the clerk was a boy who had only been there a fortnight, and did not know the difference between foreman and workman.
Re-examined. I took proceedings against him within a few days. FRANKLIN SIDNEY KING. I am in partnership with David King, at 5,
Mitre Court, Aldgate—we employed the defendant for two jean, off and on; but never as foreman—we hare many foremen—their custom it to send up on Friday night, or Saturday morning, a pay-sheet, potting them-selves at the top as foreman, and the amount we agree to give them, and the men's names follow, and the rate at which they are to be paid—a pay-clerk would attend to pay them, who would be acquainted with the practice in our trade—on 2nd August we had stone work to do at Fenchurch Street and at Sandy's Row—the defendant gave me three two documents (produced) relating to the work at Fenchurch Street, and another to the work at Sandy's Row—I had told him that he might go and see what he could do the work at Fenchurch Street for—he went and sawt he foremen, who showed him what was required to be done—he then prepared the contract, or list of prices—some conversation took place about some charges being more than they should be—he consented to reduce them, and initialled the alterations—he had another copy, that he should know the price he agreed upon—I agreed the prices with him, and told him to get on with the work—I paid him money on account, from time to time, and produce receipts, between August and September, for work done and money paid—Mr. Marsh measured the work—on 15th September I wrote to the defendant, saying that we had been so busy for three or four weeks, that we had not Men able to measure him up; but that the work should be measured, and he should be paid on the Saturday morning—Mr. Marsh subsequently measured the work, and the defendant came, as usual, for his money—I said "Well Gibson, according to this account, it seems to confirm my suspicions that you have been considerably overdrawing; have you shown Mr. Marsh a copy of the account?"—he said "No, sir, I think it is all right"—seeing that there was very little coming to him, I did not feel justified in giving him any more till I had consulted my partner—afterwards we agreed to give him 10l., which was considerably more than the work—I said "This is not enough to pay your men; bat you must have had the money, and I hope you will be an honest man, and pay your men with if—he said "Mr. Franklin, you need not be afraid, I never left my men unsaid yet; I will pay them on Monday morning"—(The prisoner's receipts for 3l., 10l., 10l. 19s., 15l. 10s., 21l. 10s., 37l. 10s., 31l. 10s. and 10l. were here put in)—I also paid the prisoner 1l. 0s., 4d. for some work done at another place—the men had to work overtime there, and I paid for it—I never saw the prisoner after that till he was before Sir R. W. Garden—I was not at the County Court—the prisoner never sent is any weekly time-sheets, as my foremen do; but if he were a foreman, ho would not have had to send them in, as he would have been under the control of another foreman—four or five days after the summons for wages a pay-sheet came through the post, which, if he had been a foreman, should have been sent at the end of the week—one of the men had summoned for wages—a man named Noden snmmoned me—I never paid the prisoner 2l. 10s. a week wages—he never appears in our books as foreman, and we never paid him wages as foreman—we found the material; we merely sub-let the labour—I allowed Gibson to go and select the stone, and he asked me to allow him 5s. a week for doing so, and I think, in one of his contracts he charges it—those contracts are in writing—I never paid him as a foreman on any of those contracts—one order to go to the stone yard is signed as foreman—I suppose I did that in the hurry of business, writing so many in the course of a week—nobody knows that better than be does—Messrs. Stewart ought to have had that order subsequently,
the prisoner had no business to retain it—it would be a very common thing to fill up such an order with the word "foreman"—we wanted to give him a certain standing and authority to select the stone—he has, from time to time, sent in accounts for work done, besides his contract, which are signed in his own writing, and are all within twelve months.
Cross-examined. I keep books—our wages-book and our pay-sheets are here—this order to Messrs. Cooke, "Please deliver stone as selected by our foreman, Gibson, "was written by a clerk who had only been in our house a fortnight—there is a charge of 2l. 10s. at the top of this sheet which Gibson sent through the post, but there is no name against it—I never interfered with the men, or gave them orders or directions—I dare say I have spoken to the men on the works, and may have told them to say something to Gibson—I do not remember telling the men they must work later, but I said to the men at Sandy's Row, the work must be done, you will have to work late—that was not in the way of taking it out of Gibson's hands—Gibson claimed a special sum on account of their working later—this was piece work—Gibson did not tell me he wanted so much for wages on Saturday night, he asked for money on account—he once showed me a weekly sheet on Saturday night; I think it was on September 10th, he wanted 36l. 12s., and I gave him 31l. 10s. on account, and took a receipt, Re-examined. I said "How much do you want?"—he said "36l. 10s."—I said "You have been drawing pretty freely; if you do not mind, let me have a look at your wages" and he showed me a sheet or book—I had some suspicion, and cast up the column, and found it 5l. short—he then cast it up, and said "Yes it is," and I took a receipt for the 31l. 10s.—he carries out sums paid to McGee, Lott, Perkins, and Litchman, but he discharged those men himself—when he sent this account by post, I did not know what he meant—I have got the wages-book here, there is no payment in it of 2l. 10s. a week to him—if the men had been discharged by our foreman, they would have come to our office to be paid—I never saw this paper till it was shown to me at Guildhall—I believe it was a book that I saw.
MR. COLLINS. Did not you make this alteration from 36l. to 31l. I and did not the man check it in your presence? It is not much like my writing—I do not remember anything of the kind taking place; his altering the sheet would have nothing to do with me—the 5l. mistake in casting was in a book or on a sheet.
MR. BESLEY. At the time the paper was put before you, did you write upon it? No, I only cast up the figures to satisfy myself—I did not notice whether any of it was in pencil—(MR. BESLEY put in the paper which was with the sum of 2l. 10s., but without the word "foreman ").
JOHN GEOROE MARSH . I am a surveyor, of 159, Fenchurch Street—I received directions from Messrs. King, to measure the work at Fenchurch Street and Sandy's Row, which I did with Gibson—he gave me the price at which he had got to do the work at Sandy's Row, and the price of the work at Fenchurch Street I got from Mr. King—I took the account to Mr. King on Saturday morning, Gibson was there—I told Mr. King, that Gibson had considerably overdrawn his account, and there was only 40l. coming to him, which he would want for wages—the money he had received in previous weeks did not correspond with the work done in those weeks—I was present when Gibson undertook the work, early in August, he put his initials to the document.
COURT. Did you measure the work as between a foreman and his employer?
Certainly not—I measured for Messrs. King, and considered the party on the other tide to be a sub-contractor.
JOSEPH ALBERT BAILEY . I am clerk to Messrs King—the weekly sheets pass through my hands—I never saw any weekly sheets of Gibson's—I never knew that he was working for Messrs. King, sub-contractor—I paid money to Gibson—if he had been a foreman he would hire sent weekly lists to the office, and the money would be paid by a pay clerk.
Cross-examined. The defendant came every Saturday—he did not come twice every Saturday—he never brought lists to me, nor did I ever see one—I sometimes gave him the money for the wages account, and sometimes one of Mr. King's—I gave him what was given to me—I cannot say that the amount always tallied with the amount of wages.
Re-examined. He never came as foreman to me—I never knew of his being paid 2l. 10s. a week.
SIDNEY HERBERT COLEY . I have been in the service of the Messrs. King about three months—prior to 13th September I had been there under a fortnight—I signed this order describing Gibson as foreman—I did not know what he was.
Cross-examined. I am twenty-nine years of age—before this I had been at Mr. Mansfield's, the builders in Gray's Inn Road.
DAVID KING . I was the defendant in the case of "Rogers v. King"—it is my son and partner who has been examined—I was present at the trial—the prisoner received 10l. on 17th September—he could only hare had that as sub-contractor for the works.
MR. COLLINS contended that it was necessary to prove, under" 15 Victoria, c 76,"that Mr. Commissioner Kerr had appointed Mr. Anderson, Q.C., to sit at his deputy in consequence of illness, and farther, to prove that Mr. Anderson was a gentleman of taken years standing at the bar, and was approved of by the Lord Mayor and Aldermen, and therefore had lawful power and authority to administer an oath. THE COURT considered that unless MR. COLLINS could show that Mr. Anderson had no right to sit as Judge it must be presumed that he was legally appointed.
GUILTY .—Recommended to mercy by the Jury en account of the loom way into which the contract was entered.— Nine Months' Imprisonment,
OLD COURT.—Tuesday, November 22nd, 1870.
Before Mr. Reorder.
MR. METACALFE conducted the Protection; and MR. WARNER SLEIGHT
CHARLES NUTTER . I live at 12, Dock Street, Wapping, and am watch-man to Edward Richardson and others, warehousemen, in Cinnamon Street, Wapping—I was on duty on the night of 25th October—about 8.30 I found one of the flaps of No. 3 warehouse open—I sent for the man to shut it; he did so, and we locked up No. 3 warehouse—we then went to No. 4, and as I was taking off the padlock one of the thieves came out of the loop-hole—I went in at the loop-hole and found the prisoner there, just abreast of the flap—I found some tallow packed in two baskets, and a bag—I sent for the police, and the prisoner was taken into custody—he had no business in the warehouse—he had been employed there about a week before.
Cross-examined. The door of the warehouse was not open—it was shut at 6.30, when two men who had been at work there left, and I put on the padlock—the thieves must have got in before the men left—I have known the prisoner by sight—he was not drunk.
DANIEL RAY (Thames Police 28). I was called to the warehouse and found the prisoner concealed in between some casks of tallow, with this lantern in his possession, and this iron bar lying near him—I found a cask turned down, the hoops knocked off, and the head taken out, and about 31/2 cwt. of tallow was taken out and put into some crates.
Cross-examined. He had the lantern in his hand.
MR. HUMPHREYS conducted the Prosecution; and MR. WARNER SLEIGH
DANIEL COTTON . I am a marine store-dealer, of 30, Green Bank, Wapping—on Friday night, 21st October, I went to bed between 10 and 11 o'clock, leaving my house fastened up securely for the night—I got up between 5 and 6 o'clock in the morning—I found the sitting room window and the back door open, a hole had been cut through the door fur a hand to be put through and unbolt it—I missed two coats worth about 2l. or 50s.
Cross-examined. It was pawned in the name of Jones—I had never seen the prisoner before—he was in the place a very few minutes—I am sure he is the person.
GUILTY .— Eighteen Months' Imprisonment.
MESSRS. METCALFE and SLADE conducted the Prosecution; and MR. F. H. LEWIS the Defence.
WILLIAM ROSE . I am a tobacconist, of High Street, Epsom—in the beginning of October last I had occasion to leave a meerschaum pipe with Mr. Scott, on the 4th, to have a silver chased band put on it, as the amber was cracked—it was in a case—this (produced) is it—I did not receive it back by post.
JOSEPH SCOTT . I am a tobacconist, of 36, Poultry—in October last I received a pipe from Mr. Rose, to be repaired—I gave instructions to my workman to repair it—he did so, and on 8th October I packed it up in a parcel, put a stamp upon it, and gave it to Fell, my young man, to post—it was directed to Mr. Rose, High Street, Epsom—I saw no more of it till 19th of October, when Mr. Swan brought it and asked me the value of it—I immediately identified it as the pipe I had posted; I can swear to it, there is a mark on it which I made to show where the band was to be put.
Cross-examined. I also identify the case—it has my mark on it.
WILLIAM MCRRAY . I am assistant inspector of the Inland Department of the General Post Office—a packet coming from Lombard Street by the 6.50 despatch, on the evening of 8th October, would, on its arrival at the General Post Office, be taken out of the bag, put into a basket, and sent up the machine lift—the prisoner was employed as a labourer in that department—he was on duty there from 5 o'clock till 8.50—it was his duty to assist in putting the baskets containing packets of this description on the lift—he would have access to any of the packets.
Cross-examined. When the packet arrived at the General Poet Office it would be deposited in the newspaper department—there would be as many as 200 persons employed there—the packets come in a sealed bag; that would be opened by Newton, and the packets put into baskets, and the prisoner's duty was to put them on the lift to go up stain he has bean thirty-one years in the Post Office—his salary was 25s. a week.
HENRY CHARLES PEREIRA . I am assistant inspector in the newspaper department, which is above the Inland Department—the packets came up by a lift—a packet coming in by the 6.50 despatch would come up into my department about 7.30—at the close of the evening duty, at 8 o'clock, the packets would be turned out on a table ready for the midnight sorters, who would arrive at 10 o'clock—the prisoner was on duty in my department on the evening of 8th October—he signed the attendance-book from 4.45 till 9 o'clock—it was his duty, after the other men had all gone, to cleanse and sweep the office.
Cross-examined. The despatch is made punctually at 8 o'clock, and within ten minutes you would not see a man in the office—the prisoner would clean the office between 8 and 9 o'clock—I saw him there a portion of that time—I left about 8.15.
CHARLES THORPE . I keep the Wellington refreshment room, in Free-man's Court, Cornhill—I have known the prisoner by sight about four months—on 19th October he came to my place and showed me a pipe and case—he said he had it to dispose of for a gentleman—I told him I did not smoke pipes, and did not want one; but probably I could dispose of it—he said he would take 10s. for it—I said "No, I bought a pair of spectacles of you which were not worth the money, and I shall not give you 10s. for it, for I don't want it"—I agreed to give him 5s.—I exhibited it at the bar, and sold it to Mr. Swan for 8s., next day—I was consulted by an officer from the Post Office, and I went to the Post Office, and saw the prisoner there.
WILLIAM SMITH (City Detective). In consequence of information, I went with Mr. Thorpe, on the evening of 20th October, to the General Post Office, and saw the prisoner come in with others—I went up to him, with Rumbold, and told him we were police officers, and that he bad been dealing with property which had been stolen from this office—he made no reply—I said he would have to go up stain with us, and I said "You have been disposing of the pipe to Mr. Thorpe"—he made no reply—he was asked where he got the pipe from, and he said "I found it in the Old Bailey when I was going to my club"
Cross-examined. I am sure I mentioned Mr. Thorpe's name to him—he
afterwards said he had sold the pipe to Mr. Thorpe, and he had also sold him some spectacles.
ARTHUR FRANCIS NEWTON . I am a sorter in the General Post Office—I opened the bag which came from Lombard Street by the 6.50 dispatch, on the evening of 8th October, and after examining it, I put the contents into a basket, for the prisoner to send up the machine, to the upper office.
Cross-examined. My duty terminates when I put the packets away, to go up the lift—they are put into a large basket, about 2ft. square, not covered—there was only myself and an auxiliary employed on that night besides the prisoner—I don't remember seeing the prisoner send the basket up the lift—there might have been half-a-dozen baskets—sometimes there are as many as ten.
NOT GUILTY .
MR. BOTTOMLEY conducted the Prosecution; and MR. BROMBY the Defence.
WILLIAM BATCHELOR . I am a builder, living at Betchworth, Surrey—at 11.30, in the morning of 4th November, I was in Lower Thames Street, walking along the pavement—the prisoner put his arm round my breast, and deliberately took my watch out of my pocket—I said "What are you hustling me for?"—I looked down and saw my chain hanging—I grabbed at it directly, and took it out of his hand—I held him for a minute or so—he struggled and got away from me, and ran down the street a little way, and a policeman caught him.
Cross-examined. This was near Billingsgate Market—he ran about twenty yards, or perhaps hardly so much—two persons tried to stop him; but he got away from them.
The Prisoner's Statement before the Magistrate: "I wish you would settle it here."
GUILTY*— Six Months' Imprisonment.
MR. BOTTOMLEY conducted the Prosecution.
WILLIAM SHEEN (City Policeman 756). On 2nd November, about 5.45 in the afternoon, I was in Fenchurch Street—from information I received I went to the corner of Lime Street, and saw the two prisoners coming towards me—Moore had something bulky under her cloak—I asked what she had there—she said "Eh?"—I said "What have you got there? put-ting my hand underneath her cloak—she dropped this roll of cloth, and they both ran away—I caught hold of Moore, and another constable ran after West—I said to Moore "Where did you get this from?"—the said "A woman gave it to me to carry"—I said "Where is the woman?"—she said "I don't know"—at the station she said a man gave it to her to carry—West said she knew nothing at all about it.
THOMAS COATES (City Policeman 729). I saw the two prisoners in Lime Street, and a man with them—Moore had something bulky under her cloak—I followed them into Fenchurch Street, and overtook them, with Sheen—I placed my hands on both their shoulders and said "I believe you have something here which has been stolen"—Sheen took hold of Moore, and she dropped the cloth and ran away—West ran back—I stopped her, and took her to the station.
FRANCIS SCANNELL . About 5.46, on this evening, I was in Gracechurch Street, just opposite Mr. Hazlett's—I saw the two prisoners standing in the doorway—Moore stooped down and picked something up—it was bulky—she put it under her cloak and walked away, down Gracechurch Street—West followed in about a minute—I went into the shop and said sometime, and the porter came out, and we followed the prisoners through Leadenhall Market into Lime Street—I left the porter to follow the prisoners, and I went into Fenchurch Street, and told the policeman—I saw the prisoners taken into custody.
AMBROSE BRANFIELD . I am porter to Mr. Alfred Hazlett, tailor, 87, Gracehurch Street—this roll of cloth is his—it stood in the doorway on the night of 2nd November—there is thirty yards of it—the last witness came in and spoke to the foreman, and we missed the doth—I went out with the witness and followed the prisoners and a man who was with them, and they were taken into custody.
Moore's Defence. As I was passing the shop I met a man, he took me in the doorway, and asked me to carry the cloth to a cab, and be would give me 2s. I took it up, and he gave me a 2s. piece; and I had it in my hand when I was taken. I did not know it was wrong. I was tipsy, or I would not have done it.
They both PLEADED GUILTY to previous conviction.
MOORE**— Seven Years Penal Servitude.
WEST*— Eighteen Months' Imprisonment.
MR. BOTTOMLEY conducted the Prosecution.
FREDERICK HARBEN . I am in the employ of Molntyre and others, warehousemen, of 9, Addle Street—on Friday morning, 28th October, I saw the prisoner come quietly up the stain, and deliberately take three boxes of shirts from the fixtures, and go down stain—I followed him, and overtook him about the middle of the street—I put my hand on his shoulder, and he dropped them on the foot-board of the Tan of a box maker who was delivering boxes at our warehouse—I had never seen the prisoner before—he had no authority to take the boxes; they each contained six shirts, and were worth 4l. or 5l.
Prisoner. Q. Were there other people in the place? A. Yes.
GEOROE FURSES (City Policeman 140), I took the prisoner into custody—on the way to the station, he said "I was told to take them by someone else, and as soon as we got to the station, he would tall me who told him"—but when we arrived at the station he refused to tell.
Prisoner. I said I could not tell.
JOSEPH WILLIAM BATH . On this day I went to the warehouse in Addle Street, to take some empty boxes there from a box-maker—I do not know the prisoner—he went with me that day; I know him by sight—I did not tell him to take anything away—he assisted me in taking some boxes in—I said nothing to him about bringing any out, I bad not to take any out, only to deliver empty ones there—I did not see him take these boxes, I was in the house at the time.
The Prisoner's Statement before the Magistrate:—"I did not steal them, I was told to take them, they were repairs."
but not sound boxes; these had goods in them, twenty empty boxes would not weigh what these did.
Prisoner's Defence. If I had thought it was anything wrong, do you think I should bare gone deliberately and taken boxes out of the rack while the gentleman was looking at me, and then walk past him down the stairs? It would be just like opening the prison doors and walking in, and shutting them upon you. Of course, when the chap who told me to go and fetch them, saw the gentleman stop me, he was nowheres.
GUILTY . He also PLEADED GUILTY to a previous conviction, in April, 1868— Eighteen Months Imprisonment.
MR. BOTTOMLEY conducted the Protection; and MR. MONTAGU WILLIAMS
GEORGE BOGGIS . I am a gas-fitter, of 16, Pitt Street, Bethnal Green Road—on 25th October, at 12 o'clock at night, I was in Shoreditch, I had just parted from my friend Curtis—I went across the road, and three or four men bounced upon me, one tripped me up—I did not see who it was; Dillon pretended to lift me up, and he put his hand in my pocket—I retained his hand a minute, and he let me go, and let me fall again—I had 9s. 10d. in my pocket, as near as I can tell—they ran away, and were afterwards brought back by the constable.
THOMAS STONE (Policeman G 80). At 12.45 on this morning, I was in High Street, Shoreditch—I heard a cry of "Stop thief!" and saw the two prisoners running, Slater was the first; I ran and caught him, and Curtis came up and said "That's the man that has robbed my friend"—I took him back, and he was identified by the prosecutor as the man that tripped him up—nothing was found on him.
Cross-examined. I caught Slater not more than forty yards from where the prosecutor was robbed—I am sure Slater was identified by the prosecutor.
WALTER BAKER (Policeman G 74). I was in company with Stone—I saw the prisoners running, I stopped Dillon, took him back, and the prosecutor identified him—t cap was picked up in the road, which Dillon put on, and said was his.
ALFRED CURTIS . I am a bookseller, of 6, Aldergate Street—I was with the prosecutor on this night—I bade him "Good night," in High Street, Shoreditch, and he crossed over—I turned round, and when he got to the corner, three men attacked him; Slater tripped him up, and they all fell—I ran across to him, but they had got his money, and all run away—I ran after them, halloaing "Stop thief!" and never lost sight of the prisoners till they were taken.
Cross-examined. The prosecutor was a little the worse for liquor, he was not to say, drunk—I had been at his house, and we then went for a walk, and had a glass or two of ale—I am not aware that I said before the Magistrate, that there were four men; I will swear to three, I would not swear to four.
Dillon's Defence. I did not leave work till 10.20. I was walking along High Street, and heard a cry of "Stop thief!" ran, and the constable came and laid hold of me.
DILLON— GUILTY — Eighteen Months' Imprisonment.
SLATER— GUILTY — Twelve Months' Imprisonment.
MR. J. W. COOPER conducted the Protection.
WILLIAM KELL . I live at 15, Southampton Street, Pentonville, and am a painter and glazier—on 31st October, about 5 o'clock, I was coming along the Paddington Road, and met a man on the kerb; I passed him and went on, and the prisoner snatched my watch out of my pocket, in a moment—I said to him "You have got my watch"—I caught hold of him, we struggled, another one stood by, and he touched me on my foot or toe, and down I went on the back of my head; I still had hold of the prisoner, and I fell upon him, the fall stunned me, and my head was out—while I was on the ground, the prisoner said to the other man, "Kick him, he is too strong for me; kick him off," and the other man kicked me in the ribs—I feel the effects of it now—ultimately the prisoner got away—I next saw him last Saturday, in the cell at the police-station, with five others—I will swear to him.
Prisoner. Q. What by? A. By your countenance, not your clothes—I was quite sober—when you got up I followed you down the road, and saw you pass the watch to another; the same man I had passed on the pavement.
HENRY CANON (Policeman A R 17). I apprehended the prisoner from information received from the prosecutor—he was placed among six men, and the prosecutor picked him out without hesitation, in a moment.
GUILTY .—He also PLEADED GUILTY to a previous conviction in march last— Eighteen Months Imprisonment, and Twenty Lashes with the cat.
THIRD COURT.—Tuesday, November 22nd, 1870.
17. JOHN NOEL (50), PLEADED GUILTY to feloniously uttering a certain ware of gold marked with a counterfeit die, being a counterfeit of a die used by the Goldsmith's Company— Eighteen Months' Imprisonment And
MR. BOTTOMLEY conducted the Prosecution.
ELIZABETH WADDINGTON . I am single, and live at Bow—on 6th October last, at a few minutes to 12, I was at the Netting Hill Station—the prisoner came and asked me the right direction to the City; I said I was a stranger in London; she said she was a stranger from Manchester, and had travelled all night—I said I was going to Victoria Station, and she said she was going there, too—she said she bad to go to Brixton first, to see an uncle who was a Superintendent there, and she persuaded me to go with her—we went from Brixton to Vauxhall, and then by the water to Nine Elms—I had a mantle on my arm—she asked me to let her have it over her shoulders, as she had a weak chest—I did so, and took it from her again—we then went down to London Bridge—she said she wished me to see Westminster, and
when we got to London Bridge she said there was an important meeting "being held about the war, and we could not go in—she then took me to Golden Lane, a very low place, and I was quite frightened—I did not know where I was, or I should have left her—it was then about 4.30—she said she wanted to find her friends, and that they kept a cook's shop—we got to Victoria Station about 7.56—she then asked me for my umbrella—I said she had no occasion to have it—she said she had to go to the hotel to get her things, and she did not like to go with nothing in her hands—she went and got it out of the fish shop, where I had left it with the mantle, while I was thanking the lady for taking care of my things—the prisoner told me to go to the booking office—I waited for her till 11 o'clock, and she never came—my shawl was worth 1l., and the umbrella 5s. 6d.
Prisoner. A little after 7, a gentleman came tip and took your arm and mine, and we went into the "Ten Bells;" he asked you if you would have anything, and you had a glass of stout.
Witness. I had a little of it with you; I told you I was not accustomed to go into liquor vaults—the gentleman put us into a "bus—you paid for the omnibus—I told the officer that I had a half-sovereign in ray pocket the whole of the time, and I did not want you to know it.
JOSEPH FLAXMAN (Detective Officer W.) On 27th October, I was called to the Brixton Police Station—I saw the prisoner there—I told her the was wanted for stealing a mantle and umbrella from a woman on 6th October—she said "I met the woman at the Netting Hill Railway Station, I went with her to the river, and by the steamboat; on the steamboat I asked her to lend me the mantle to keep my cheat warm. After we left the steamboat I asked her to let me have the mantle to go and see my uncle, who was a superintendent of police at Brixton, as I did not like to go with the shawl I had got on. After leaving Brixton Police Station we went to the Victoria Railway Station, and she gave me her umbrella to get 6d. on, as she had not any money to pay for her luggage. I went and tried to get 6d., on the umbrella, being late I could not get it, when I came back the woman had gone. The mantle I am now wearing is the one I had of the woman"—the prosecutor said it was not.
Prisoner's Defence. The prosecutrix said that I represented the superintendent to be my uncle, and I did so because I was ashamed that she should know I was a ticket-of-leave woman. I went to the police-station to report myself. I have tried hard to get an honest living, but I have no friend, and no one to help me. I did not steal the mantle; I have not taken the value of a pin since I have been out, and sooner than thieve again I would destroy myself.
NOT GUILTY .
MR. BOTTOMLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
JANE SMITH . I live at 7 Flower and Dean Street, Spitalfields—on Monday night, about 11.15, I was in Plough Road, and Mr. Tremlett came up—he asked me to go home with him, and he would give me 5s., and plenty to eat—we went into a public-house, and he gave me a glass of rum—coming out I met my friend Ann Reding, and the prisoner said "Bring
your friend with you"—we all three went to Three Colt Street, to Mr. Tremlett's home—he opened the door, and when we went in it was a chandler's shop—we went into the parlour—there was a ham on the table, and bread and cheese, and four bottles—the prisoner took hold of a bottle and drank the whole up—he told me to go and get some pickles—I was to get them out of the shop—he called me back—he sent me twice, and called me back, and the third time he struck me on the head—I don't know whether it was with a stick or a knife—my head bled very much—he had a knife in his hand, and was cutting the ham—he had a stick when he met me—it nearly took my senses away when he struck me—Ana Reding said "What hate you done?"—the prisoner said "Go out," and he had the knife in his hand, to stick her—the escaped by walking sideways out, holding me—a policeman came up, and he said "Will you charge him?"—I said "Yes"—we were about file or six minutes in the room—we got no supper at all.
Cross-examined I had never seen him before—I was walking along when I met him—I did not tell him that Ann Reding was my sister; I said she was a friend, and he said "Bring your friend with you"—I did not say that I was starving—the supper was on the table when we sent in—he said "Will you hare some pickles, there are plenty"—I went in the shop to get them—I don't know whether there was a till—he sent me three times for the pickles, and called me back, and the third time he struck me—I don't know what he struck me with—I hare been four times to the time of Detention to see him; he sent for me—I said I did not wish to prosecute because I thought he had had imprisonment enough, and he said he would give me a pound when he came out.
ANN REDING . I live at 34, Wentworth Street I met the prisoner, and the last witness, at the Railway Tavern, at the side of the Grove Road—the last witness spoke to me, and the prisoner asked me if I would come to his place, and we went—it was a chandler's shop, and there was bread and cheese, and four bottles of liquors on the table—he drank one up—I don't know what it was—he sent Smith twice for some pickles, and he called her back each, time—the third time she went be struck her—he had a knife in one hand, and a stick in the other—she screamed—I tried to put her outside, and he made three attempts to strike me in the back—I pulled her out, and we met a constable outside.
Cross-examined. Ann Smith did not ask for the pickles—he sent her to get them.
JOHN SHRIV (Policeman K 621). About 12.30, on Tuesday, 25th October, I was in Three Colt Street—I heard cries of "Murder?" and went to the door of the prisoner's house—I saw Smith com out, with her head cut—I asked her what was the matter; she could not speak, and the other woman said the prisoner had had her on the head—the prisoner came to the door—he had a stick in his hand—I charged him with assaulting Jane Smith.
Cross-examined. I saw no knife in his hand—the charge was charge of common assault.
GUILTY of a common assault Strongly recommended to mercy by the jury— To ender into recognizance to appear for judgment when called on.
MR. LANGFORD conducted the Prosecution.
THOMAS McELIVER . I am superintendent to Messrs. Moses, Son, & Davis, manufacturers, of 107, Cheapside—the prisoner was a cutter in our employment—I received information, and on 3rd November I watched the prisoner at his board—as the men were about to leave I called them all into the office—I had previously missed a piece of cloth that had been on the front counter in the warehouse—when I called the men into the office I said "There is something wrong," and the prisoner pulled this piece of cloth from under his cloak and said "This is all I have got about me, for God's take say nothing about it, look over it this time"—I said "There is some-thing else about you," and I turned to go to the door—he took this piece of cloth from underneath the waistband of his trowsers, and threw it under the board—the cloth was warm when it was taken from under the board, and it was not there before he came into the room—I sent for a constable—the two pieces of cloth are the property of Messrs. Moses.
GEORGE SCOTT . I am in the prosecutor's service—on the evening of 3rd November I was working at the next board to the prisoner—about 6.15 the man at work facing me called my attention to the prisoner, and I saw him place something in the waistband of his trowsers—I went into the office and told Mr. McEliver—he called us all to come into the office—the prisoner hung back, and seemed as if he did not care to go in—I would not go in till I saw him go in before me, because I knew what he had—he showed this piece of cloth to Mr. McEliver, and I said he had got something larger than that; but he denied it—I saw him pull this piece of cloth out of the waistband of his trowsers, and throw it under the board in the office—I picked it up, and put it in Mr. Me Sliver's hands—it was quite warm—he had been cutting stuff like that during the afternoon.
Prisoner. The second piece was not on me at all.
JOHN LEWIS (City Policeman 20). I was called to the warehouse—Mr. McEliver gave the prisoner in charge for stealing those two pieces of stuff—he said "I admit having the small piece, but not the large piece"—I took him to the station—I went to his address, 2, Albany Street, where I found 43/4 gross of buttons, on cards—three or four yards of cloth, a shirt, a knife, and some shears, and a quantity of cloth cuttings—I went to the prioner and asked how he accounted for the goods I had found in his house—he said "The buttons I have had by me three or four years; the cloth I bought turning out of Aldgate, and I have had the shirting and shears for many years."
Prisoner. They are my property; I have had them by me for many years, when I was in business for myself.
THOMAS McELIVER (Re-examined.) I identify these buttons by the priate mark upon them—the prisoner had no right to take them away—I can't swear to the shirting or the shears; we had a great many, and one pair was lost; but I cannot swear to them—there is a piece of white linen, with our private mark on.
ALFRED PAWLES . I am a cutter, in the prosecutor's service—on the 3rd November, about 5.50, I was at my cutting-board—I watched the prisoner; I had done so for a few days past—I saw him cut off some stuff which he was working on—he turned his back towards me and undid the front of his trowsers and put a piece in—I had spoken to the witness Scott before that—the foreman called the prisoner and Scott and myself into the room—I saw the prisoner take the piece of stuff out and throw it underneath the
board—he handed another piece to Mr. McEliver and laid that was the only piece he had about him.
Prisoner's Defence. With reference to the things produced they are my own property, and as to the shirt buttons I never had anything to do with that class of goods while I was there.
He also PLEADED GUILTY to having been before convicted in July, 1866.*— Ten Year's Penal Servitude.
MR. BOTTOMLEY conducted the Presecution.
JOHN STANBURY . I am a draper, at 238, Edgware Road—on the evening of the 1st November I was in Little Moorfields, going to the Metropolitan Station—I met the prisoner, and as he passed me he jumped at my watch, snapped the chain, and ran off with it—I pursued him very closely—I saw a man stop him—this is my watch (produced.)
ALBERT PURDON . I am a porter, in the employment of Mr. Wyman, of Fore Street—on the 1st November I was in Moor Lave, shutting a shop up—I beard a cry of "Stop thief!"—I saw the prisoner run round the corner into Moor Lane—I gave chase and caught him close to the police-station opposite Vine Court—he said "I am running after the thief—I said "Very well, if you are not the thief you have nothing to fear; you had better stop till they come up; "he said "Will you let me go I"—I said "No"—we had a struggle—I pulled him towards the station—the prosecutor came up and said "That is the man that has got my watch," and he guts him in custody.
RICHARD CULLINGWORTH (City Policeman 160). About 10 o'clock on the night of 1st November I found this watch a few yards up Vine Court, where the prisoner had passed just before he was stopped—I found the how of the watch down one grating and part of the chain down another.
He also PLEADED GUILTY to having been before convicted in July, 1869.*— Seven Years' Penal Servitude.
MR. ST. AUBYN conducted the prosecution and MR. J. W. COOPER
HINRY FRAKLIN . I am a butcher, at 2, Greets street have a shop there, and there is a door leading from the shop into the passage—on the night of 25th October I locked up ray shop securely about 9.30—thers Was about 2l. worth of meat in it—I was aroused about 1.10 in the morning I had left some meat on the top rail and some on the bottom rail—it had I been moved when I saw it in the morning—the shop was broken open.
Cross-examined. I did not lose any meet.
GEORGE EVANS . I lodge in this house—I came home about 1.15 with a friend, Mr. Frederick Wood—I saw the prisoner Field standing in the doorway of the house—I inquired if he lived in the house, and he said he did—I then went on to the corner of the street, and when I came back Field rushed out of the house and jumped into a cab—we ran after the cab to Newman Street, and then I stopped the horse, called a constable, and gave him in charge—I then ran home to see what he had done—I am
quite rare he is the mm—immediately inside the front door then is a side door, which it the door of Mr. Franklin's shop—that door was broken open—the front door is Tory rarely opened—all the lodgers have a latch key.
FREDERICK WOOD . I was with Evans and taw Field rush out of the passage—I followed him with Evans to Newman Street—he was given in charge to a policeman, but he got away—I caught him three times and took him to the policeman, and the policeman got hold of me and asked why I did not pay the cabman his fare—he pushed the prisoner away and I caught him again—he told Field to take the cab away—I said he was not the cabman, and I wanted him to take Field in charge.
JOHN HEATH . I am a lodger at 2, Grease Street—on this night, about 11.55, I saw the two prisoners—Field came up to me, and said "Have you seen my mate?"—I said "The chap that hawks meat with you?"—he said "Yes"—I said "There be stands, at the corner"—Field went after him—I am quite sure I saw both the prisoners.
Cross-examined. Page was about ten yards from me, at the corner of Rathbone Place—I have seen them hawking meat together—I came out of the house about 11.50, and I went back about 12.20—Franklin's door was not broken then—I can't say how many lodgers there are in the house; there are several.
ROBERT BOYON (Policeman E 55). I live just opposite the prosecutor's house—I saw the prisoners on this night at the Bricklayers' Arms, in Grease Street, about 11.15—I saw them again about 12.30 or 12.45 walking up and down, opposite the prosecutor's shop—I went up stairs and watched them out of my window—I heard someone call out "There he goes, stop him"—I saw Page ran down Silver Street, and the Other went down Rathbone Place—I knew the two prisoners—they have been together for the last ten yean, off and on.
ROBERT CARTER (Detection Officer E.) On the night after this alleged burglary I went to public-house in Eagle Street, Holborn, with Chamberlain—I saw the two prisoners there—I said to Field "I want to speak to you"—he came outside, and I said "I am going to charge you with being concerned with Page in committing a burglary at 2, Grease Street, on the morning of the 96th, about 1 o'clock"—he said "So help me God I was not in that street that night, and was home and in bed by 11 o'clock; I am not guilty"—I told him it was not for me to say whether he was guilty, I should take him to the station—he said "Who was it gave you the information, a man or a woman?"—I told him I should not answer that question.
WILLIAM CHAMBERLAIN (Detective Officer E.) I went with Carter to the Yorkshire Grey, and saw the two prisoners—I called Page out—he said "I know nothing about it, I was not near the shop the other night"—I said "Don't say any move till you know what you are to be charged with"—I then said he would be charged with breaking into the butcher's shop the night previous, with Field—he said "I was at hone and in bed by 11 o'clock"—I said "Well, you will have to go to the station"—he said "It is a very bad job, look after my little boy."
JAMES THOMAS FEATHERSTONE . I live in Grease Street, opposite the prosecutor—I keep a grocer's shop—about 10.55 I saw Field go into the passage of No. 2—as he came out he pushed the door leading to the shop—he was in the passage about a minute.
Beat to our place—on the night of the burglary he came to me, and asked if Mr. Franklin had gone to bed—he said he wanted a board that Mr. Franklin had in his shop—I said They hare gone to bed, don't disturb them"—that was about 10.30.
Cross-examined. There are six lodgers in the house—Chamberlain came and served me with a summons—I did not see Page at all—I was told it was Chamberlain served the summons—he as much as called me a liar because I said I had not seen Page—I was sitting up with my husband that night, and Mr. Evans came home, and said "Give me a light, and let me go up and see if my things are gone"—I went up with him; his things were all right—we Went down, and found Mr. Franklin's door open—he said "Go and cell Mr. Franklin, and tell him his shop is broken open"—Mr. Evans called out "I have got the man in charge," and he asked me to go and see if I knew him, but I was so frightened I did not go out of the house at all—the meat was hanging in the same place where I saw it in the evening, and Mr. Franklin said "Thank God, there is nothing removed"—Mr. Evans said he was afraid that the man had been up stairs, as he met him in the passage, and his room door was open.
HENRY FRANKLIN (Re-examined). The meat was removed from the upper hooks to the books below—it was moved about 3ft. from when I had left it hung up—the ceiling is 8 or 9ft. high—there is no ladder the shop.
NOT GUILTY .
MR. I. W. COOPER conducted the Prosecution.
MATTHIAS MICHABLIS . I am a tailor, at 91, High Street, Whitechapel—I have had dealings with the captain of a ship called the Laura—he owed me 6l.—I don't know Out order, I never gave anyone authority to sign my name to it—the order was given to me by the captain—I asked him for the money, and he said my partner had taken the money—(Order read: "If the captain of the Laura will be good enough to pay to my messenger the amount of the bill or return the clothes. Signed, Michaelis, 21st September, 1870").
JAMES WILSON (Policeman K 570). I took the prisoner into custody on the 10th of this month, and charged him with forging Mr. Michaelis's name, and obtaining cloths and money to the amount of 50l. He said he knew nothing about it—at the station, he was charged with stealing goods of Mr. Michaelis, and this paper was shown to him—he said "That is my writing, I made it out for Mr. Michaelis, who I met at the docks; he received the clothes, and I carried part of them till we met a boy, and then he carried the parcel."
JOSEPH FREDERICK THORNDIKE I live at 8, Richard's Place, Rotherhi the—about three weeks ago, I taw the prisoner carrying some parcels of clothes—I asked him if I should carry the parcel for him, and I earned it down to Deptford Station—he gave no 4d., it was a paper parcel—I saw some coat collars—there was another gentleman with him.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
HANS JOHANSEN MOE (Interpreted). I live at 5, Mayfield Villas, Dalston—on 28th October, I went out with the prisoner in the evening, and came home between 2 and 3 o'clock in the morning—the prisoner slept on the sofa in the room adjoining my bed-room—when I got up he was gone, and I missed my watch, and pane, and some money, and a pouch, and other things, of the value of about 10l.—I saw him a few days after in a small street near London Bridge, and he was wearing my coat, and had my umbrella in his hand—I took them from him—I said I would give him in charge, but he said "I will go and redeem your watch"—I walked with him, and he got away from me—I afterwards saw him at the police-station at Dalston—this is my watch and hair brush—I left the watch on the looking-glass in the same room where I went to sleep.
JAMES WILSON (Police Sergeant K 570). I took the prisoner into custody—I told him he was charged with stealing a watch and other articles of a gentleman at Dalston—he said, "Can't we settle it amongst ourselves?"—I found this brush at the address the prisoner gave.
He was also charged with having been before convicted.
THOMAS NORMAN (Detective Offer K). I produce a certificate (Read: "Monday, 23rd May, 1864, Charles Theodore Guldrundson , convicted of stealing a watch and a chain, and 3l. 10s., of Peter Maundstron, and was sentenced to bekept in penal servitude four years.")—The prisoner is the same person—I have not the least doubt about him—there was a conviction of six months against him at that time.
Prisoner. I never went in any other name, and at that time I was employed in France.
GUILTY*— Ten Years' Penal Servitude.
OLD COURT.—Wednesday, November 23rd, 1870.
Before Mr. Baron Bramwell.
26. JOHN HITCHCOCK (17), GEORGE WHITE (19), RICHARD ENTWISTLE (21), and GEORGE SMITH (20), were indicted for bur-glariously breaking and entering the dwelling-house of Joseph Albert Curtis and stealing a shawl, his property.—
WHITE and SMITH PLEADED GUILTY .
MR. COOPER conducted the Prosecution.
JOSEPH ALBERT CURTIS . I am a pawnbroker, of 12, Tyssen Street, Brick Lane—about 2.45 on the morning of 17th October I was awoke by the police, and from information they gave me I went down stain, and found my faulight over the street door broken, and some clothes hanging out of the broken glass; they could be hooked out through the broken fanlight—I missed a shawl worth about 5s.; this is it (produced).
CHARLES BELSHAM (Policeman H 154). About 6.15 on the morning of 17th October I saw Hitchcock and White and another man in Half Nicel Street—Hitchcock and White were each carrying a sack—they ran away—
in consequence of information I afterwards want to 53, Old Nicel Street, and in the back room up stairs I found this shawl and twelve pairs of books.
ROBERT REASON (Policeman H 87). About 2.15 in the morning of 17th October I saw Hitchcock pass me while I was in Tyssen Street about twenty yards from the prosecutor's shop—I did not see anyone with him or near him—I went on and I saw the fanlight of the prosecutor's house broken. Hitchcock. He is telling a falsehood in saying that I passed him; I can prove where I was sleeping till 6.15. Witness. He was on the other side of the street, just under a lamp—I did not know him before—I saw him next at 9 o'clock in the morning, when he was taken—I can swear to him; he had a large black mark on the face, and the bruise has not gone yet; he had a different coat and hat on next morning—he was coming in a direction from the prosecutor's—he had no bundle or anything in his hand that I could see.
WILLIAM SMITH (Policeman H 63). I went with Belsham to 53, Old Nicel Street, about 6.15 on the morning of 17th October—I saw White and another man in the top room—I should know the other man if I were to see him—on going into the room they jumped out of the window into the backyard, and I caught White in the yard—it was a second-floor window about 30ft. from the ground—I found a shawl and a quantity of boots in the room—I knew White before; ha and Hitchcock are brothers—I hare frequently seen them together.
HITCHCOCK and ENTWISTLE— NOT GUILTY .
27. They [ John Hitchcock, George White, Richard Entwistle and George Smith; see original trial image] were again indicted for a burglary in the dwelling-house of Robert Watson, and stealing seventy pairs of boots and other goods, his property. Second Count—Receiving the same.
WHITE and SMITH PLEADED GUILTY .
CHARLES BELSHAM (Policeman H 154). At 6.15 on the morning of 17th October I saw Hitchcock, White, and another in Half Nicel Street—Hitchcock and White each had a sack; the other man had nothing—Hitch-cock threw down his sack and ran away—the other two ran round the corner, and I lost sight of them—I picked up the sack that Hitchcock dropped—I counted twenty-eight pain of boots—this was about ten minutes or a quarter of an hour's walk from the prosecutor's; he has seen and identified the boots—I afterwards went with 52 H to 53, Old Nicel Street—Smith was apprehended there—I found twelve pairs of boots and a shawl in a bed-room at that house.
OWEN MOGRAHAM (Policeman H 132). I saw Hitchcock and White in Half Nicel Street, each carrying a sack—I want round another street to meet them—I saw Hitchcock run down Hare Alley, and when he turned out of it he had no sack; I could not catch him—he got away—I after-wards went to 53, Old Nicol Street, and apprehended White—about half an hour afterwards I saw Hitchcock come to the house, 53, Old Nicol Street and I apprehended him—I told him it was on suspicion of stealing some boots from Hackney Road—he said "You are wrong; I can prove where I slept last night"—he said he went up to the house to look for a job—he had on a different hat and coat then to what he had when I first saw him—I had seen Hitchcock and White about the neighbourhood before.
WILLIAM LEAKER (Detective). On 24th October, about 7 o'clock, I want to 13, Berkley Street, and there found Entwistle concealed under his mother's bed, naked—I told him I should take him into custody for being
concerned in a burglary in Hackney Road that day week—he said "I am not the only one that is wanted; when I see Mr. Watson I will tell him the whole truth "(I had not mentioned Mr. Watson's name)—on the way to the station he said that Walter smashed the glass with an iron driver, and kicked it bigger with the the of his boot—Smith is known by the name of Walter—he afterwards said that Hitchcock was only employed to carry the boots; that he (Hitchcock) was not there—I apprehended Smith about 8 o'clock the same evening, and took him to the station, and Entwistle said in Smith's presence that he had smashed the glass and got through into the cellar and let him and White in—Smith said "Don't tell such lies"—Entwistle also told me that Smith burnt some papers.
HENRY WATSON . I am a shoemaker, of 72, Hackney Road—on Sunday, 16th October, about 10.30 at night, my shop was safe—on Monday morning, about 8 o'clock, I found the window broken, and the premises had been entered—I missed seventy pairs of new boots, and twenty-five pairs of uppers, worth about 56l., a copy of a will, and some bills of exchange—I have seen the boots found by the officers; they are part of what I lost—I sleep at the top of the house—the goods were taken from the floor above the basement—I heard no noise in the night—it is a four stony house—Smith had worked for me in the name of Walter Cole .
Entwistle's Statement before the Magistrate being read, contained, in sub-stance, what the officer Leaker deposed to.
Hitchcock Defence. I was going to work, and met the three prisoners—My brother asked me to carry the sack; had it been a stranger I should not have done so. I saw the policeman, and was told to throw down the sack. I was frightened, and did so, and ran away. I did not know the things were stolen, or what the sack contained. The other prisoners can prove me innocent.
Entwistle's Defence. I can only say what I said to the officers, how the offence was done. I am not guilty of anything, I only went in at toe door; I touched nothing.
Cross-examined by MR. M. WILLIAMS. He is no relation to me—I believe he is White's brother—I was only concerned in the robbery—I did not break open the premises—Entwistle struck the first blow, and got through first—I got through second, and White last—there were only three of us—we met Hitchcock in the morning, as he was going to work—that was about half-a-mile from the prosecutor's—the sacks were being wheeled in a barrow when we met him—it was about 5.45—White asked him to carry the sack—he did not know they were stolen—he did not know what was in the sack—he did not ask—White asked him if he would carry the bag for him, and he said "Yes"—if it had been a stranger he would not carry it; but he would for his brother—I did not hear anything said about where he was to carry it to—I did not know where they were taken to—I don't know 53, Old Nicol Street, or whether White lived there—I did not know where he lived—Hitchcock had on the same hat as when he was taken into custody; but not the same coat—I did not know where he lived—I have known him for years—the sack contained most boots—I don't know how many.
GEORGE WHITE (the prisoner). When Hitchcock met us, White asked him to carry a bag for him—he did not ask any question.
Cross-examined. I am Hitchcock's brother by the tame mother, not the same father—I helped to commit this burglary—I did not wish my brother to know what was in the bag—we met him quite accidentally—it was about ten minutes walk from the place that was broken into—I did not tell my brother what we were going to do—he lives in Half Nicol Street—I was taken in Old Nicol Street—that is two turnings off—I was not living there, a friend of mine was—I don't know his name—I hare known his three or four months—I jumped out of window—another man also jumped out—that was not my friend—I don't know him at all—he was not in the same room with me—we did not jump out of the same window, that I was aware of—no one jumped oat when I did—I never had any more of the property than was found; I swear that—I will swear those were the only taken from the premises—I carried the second sack, that contains the ten pairs of boots that were found—those and the sack Hitchcock had was the only booty that was carried away—the papers were burnt.
A witness deposed to Hitchcock's good character; but Leaker, the officer, stated that he had known him for two years to be the associate of thieves.
HITCHCOCK— GUILTY of receiving— Six Months' Imprisonment.
ENTWISTLE*— GUILTY of burglary— Eighteen Months' Imprisonment.
WHITE**—(Who also PLEADED GUILTY to a previous conviction in February, 1869)— Seven Years' Penal Servitude.
SMITH— Fifteen, Months' Imprisonment.
MR. MOODY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLOTTE KHASER . I am the prisoner's wife—I lived with him at 16, Williams Mews, Hampstead Road—on 25th October, about 5 o'clock, went to Mrs. Clark's, at No. 18, next door but one to me—while I was there the prisoner came in—he came into the room where I was—I can't say what he did—I had no wound on my head or back when he came in—there was no one else in the room besides him and me—I can't tell you anything at all what it was done with—I was taken to the University College Hospital, and was there three weeks—I am an out-patient now, suffering from a wound on my back and head.
Cross-examined. I have been married to the prisoner sixteen years—he has always been a kind husband, and treated me well—he was very much intoxicated when this took place, or he would not hare done it; he would not have interfered with me if he had not had too much—he is a kind, good man—on 29th April, 1869, he received an injury to his head through falling oat of a cart—he was attended by Mr. Lewis, a surgeon; since then whenever he has taken any drink it has had as effect upon him—he has always been a quiet inoffensive man.
PATRICK BROWN . I live at Mrs. Clark's, 18, Williams Mews—on 25th October, about 5.30, I went home from my work about 5.50—the prisoner came and asked for his wife—Mrs. Clark told him she was gone across the market—he said "Will you allow me to search?"—she said "By all means"—he went into the room, and directly the woman came out screaming
"Mrs. Clark, save my life, I am stabbed, he has got a knife"—I could not see into the room where they were—she rushed out of the room after being stabbed the first time, and came into my room—Mrs. Clark said to me "For God Almighty's sake, will you see the woman murdered?"—I jumped up, and caught hold of the prisoner, and said to him "Keaser, you rush into destruction if you murder your wife; you will be hung"—he swore an awful oath, and said "I will let you have it," and so he did—he struck at me twice, but the knife ran up the sleeve of my right arm, and did not take any effect upon me—I then got back from him, and got against the fire-place—he followed me up with the knife, and as I had nothing to protect myself with, I seized a small bit of a poker by the fireside, and laid "I will let you hare this"—he went back towards the window, and had the knife at me again—the witness Castle came up, and said "Keaser, let me have the knife, it will be all right"—when the prisoner first came in I heard him say to his wife "I will do for you this time"—that was after he had stabbed her first—I saw the blow on the temple inflicted in in room—I did not interfere till my landlady said "Mr. Brown, will you see the woman murdered."
Cross-examined. I never knew the prisoner before—I can't tell whether he was drunk or sober; but I am almost sure he was not drunk, for when I helped to take him to the station he gave a correct account of where his money lay in the room, and everything else.
WILLIAM MOULTON . I am a cabman, and live on the same premises as the prisoner and his wife—on the afternoon of 25th October, about 4.15, I heard a disturbance, and heard the prisoner call his wife a whore, or a bad woman, or something of that sort—she said "I don't daserve such treatment"—he said "Well, out you go, you b—"—I then looked through the window, and saw him catch his wife by the shoulders, and turn her out of the door, and kick her after she was out—she said "Oh, my God, you have nearly killed me"—he then took her by the shoulders, and turned her out of the further gates—a little altercation took place between her and two women outside the gate—she said "I must go somewhere," and she then retired to Mrs. Clark's—I heard no more till I was putting my horse to, and the prisoner passed me, and almost momentarily afterwards I heard screams of "Murder!" and "Help!" from Mrs. Clark's house—I went there and saw Mrs. Keaser partly down the stain—she might have been three or four steps down, and the prisoner seemed to be behind her; whether he was shoving or striking her I could not say; it was dark, however; she fell into my arms—I took her into the mews, and then rushed up the stain, and saw the prisoner standing at the top of the stain with a knife in his hand, and Brown with a poker, standing in his defence—the prisoner said he would do for the b—lot—at that time, Castle passed me, and the prisoner said, "I will give you the knife, and no one else," and he gave it to him—I afterwards took Mr. Keaser to the hospital in my cab, she was bleeding from wounds in the head and back—I should say the prisoner was sober, and capable of undertaking any business he might be required to do.
Cross-examined. He did not appear to be particularly excited, the same as a man would be that was in a passion—I said he was a very foolish man—I saw him at the station—I think he had had a little, but not so much, but what he perfectly well knew what he was about.
prisoner afterwards came up, and asked if his wife was in my place—I evaded the question, by saying I thought she had gone across the market—he said might he search—I said he might—he went into one of my rooms where there was no light—his wife had retired into that room, when she heard him, and she came out saying, "Mrs. dark, tare me?"—it was so momentary, that I could not tell by her appearance, what state she was in; she went into another room where Brown was sitting baring his tea—I asked him to save her, and then I went for assistance, the prisoner appeared excited; in fact, he would not have come into my room, if he had not been so—he had always been kind to his wife.
CHARLES CASTLE . I live at No. 11, in the Mews—on the night of the 25th October, I heard cries of "Murder!"—I went up the stairs at Mrs. Clark's and saw the prisoner, and he gave me this knife (produced)—I went with him to the station.
Cross-examined. He had had a glass, he was not sober or drunk, he could walk as straight as I could.
EDMUND RICKARDE . I am house surgeon at University College Hospital—Mrs. Keaser was brought there on the night of 25th October—she was suffering from two wounds one on the head, and one on the back; that on the head was in the temporal region, the instrument with which it was inflicted, must have penetrated about two inches, it reached the bone, and then slanted downwards; it must have been a pliable instrument, and have glanced away at the bone; there was free hemorrhage the wound on the back had penetrated about three inches, it was in the dorsal region, it was not quite perpendicular, it had an upward direction, I should say the deepest point from the surface was about two inches—there was no immediate danger from the wounds, though they might have been followed by serious consequences she remained in the hospital about a fortnight, and is still under my care at an out-patient—the wound in the back bad gone through the clothes, I can't say what clothes, I think she had stays, and the ordinary woman's clothing—there must have been decided violence used, especially the head, the bone had impeded the progress of the knife.
EDWARD WHEATLY (Policeman S 134). On the evening of 26th October, I was called from the Albany Street Station to go to the house—on my way, I met the prisoner being brought to the station by Cattle and the other witnesses—he had the appearance of a man who had been drinking, together with a little excitement—I received the knife from Cattle.
Witnesses for the Defence.
THOMAS PHILLIPS . I am a cow-keeper, of 12, Cumberland Street, Regent's Park—on 25th October, I saw the prisoner between 2 and: o'clock—he was very drunk—I left him in a public-house in Cumberland Market, still drinking—I asked him to go home; it was as much as he was able to take care of himself—I have known him ten years—he wet always very civil and nice when sober, but when he gets drunk, he is very quarrel-some—I heard of the accident to his head, but I know nothing about it.
GEORGE DUMBLETON . I am a hay salesman and farmer, at Purcell's Farm, Edgware—the prisoner has been very often employed by me—I saw him on 25th October, between 3.30 and 4 o'clock at my office, he was quite unable to take care of himself, be started very rambling statements, having no connection whatever between them; a gentleman came in, and I was vary glad to get them out, I had never seen him so before—I have known prisoner ten years, I always found him perfectly honest and industrious, and quiet.
Cross-examined. He seemed like a drunken man in the worst stage of drunkenness, but not so bad that he would lie about the streets.
Re-examined. I heard of the accident he met with, and I hare been to see the doctor.
GUILTY on second Count. Recommended to mercy by the Jury, the accident to his head probably leaving him lets control, and being under the influence of drink. MR. W. LIWIS, surgeon, of Paddington Street, Marylebone, subsequently stated, that he had attended the prisoner for the accident, which resulted in concussion— Five Years' Penal Servitude.
MESSRS. POLAND and STRAIGHT conducted the Prosecution.
The Prisoner being a foreigner, the evidence was interpreted.
PHINEAS HANDS . At the time in question I carried on business as a money changer, at No. 1, Strand—on the afternoon of 7th September the prisoner came to my shop and offered me these two notes (produced for 1000 live each, on the National Bank of Sardinia; in English money that would be 40l. each—they are very good imitations—he asked me to give him the value of them in English money—he produced these from a packet which he had in his pocket—I spoke to him in French—I did not give him the money, but, from what I noticed, I sent my clerk to some other gentleman to make certain, not liking the look of the notes—while my clerk was away I said to the prisoner, "I don't like the look of these notes, have you any others about you that I might choose from?" and he then brought out these fourteen notes—I said "Have you any passport to show me who you are?" and be brought oat his passport, which I detained, not liking the look of the notes or the man—I sent for the police, and handed the notes over to them, saying that the man could not give a proper account of himself, would they kindly make inquiries, and if they were satisfactory, they would give the notes back to him—the prisoner was in my office all the time—I spoke in English to the police, but I translated to the prisoner what I said—the officers asked him some questions through me—he said he was a commercial traveller, and I think he said he received the notes from some man at some hotel in Soho—he could not give a distinct number of the house, or the place where it was situated—he did not say what firm he travelled for—I think he said be came from Milan—he did not say he had received the notes from some man in Soho, he said he received them from some man in Milan, and he gave a reference to some place in Soho.
Prisoner. When I was asked for a reference, I said if they wanted to know anything about me they were to go to the Hotel D'Italie, in Soho Square.
Witness. Yes, that was the reference he gave—he gave me that reference and the passport before the police came.
WILLIAM REIMERS (Detective Sergeant). On 7th September I was sent for to Mr. Hands, and found the prisoner there—Mr. Hands gave me those two notes, and also the fourteen—I had the two notes in my hand, and I said to the prisoner, in English, "Are these yours?"—he nodded, and said "Yes"—I then said "Are the fourteen notes yours?"—he again said "Yes;"
but seeing that he spoke imperfect English I requested Mr. Hinds to translate what I had to say to him—I am a German—I then asked him whether he could refer me to anybody in London who knew him as a respectable man—he wrote this on paper, "Hotel d'Italie, Mons. Polli, Soho Square"—I said "What does that gentleman know of you?" said "I am a silk merchant from Italy, and I go to Mons. Polli's Hotel, where I meet gentlemen of whom I buy goods"—he said that in French to Mr. Hands; I understand French sufficient to understand that he said "I buy silk at Polli's Hotel, but I don't know the gentlemen of whom I buy it"—I asked if he could refer me to anyone else who also knew him; he then became very sullen, and would not answer—I told him I had reason to believe these notes were false, and I should take him into custody, which I did—on searching him I found two pawnbroker's duplicates, dated 6th September, 1870; one for a watch and chain for 6l., and the other for a pair of solitaires and four studs 1l. 10s., in the name of J. Metelli—found no money nor any scrap of paper of any description—he afterwards told me he was staying at the Charing Cross Hotel, at room No. 17 went there and assisted to search that room—his luggage consisted of three portmanteaus and a hat box—torn up in the grate I found pieces of paper which were afterwards pasted together, and proved to be a letter, dated Turin, from Metelli to Roco Metelli in London, and I see by the date of his passport, he was in Turin at that time—it is a receipt for a registered letter—I found very excellent wearing apparel in his portmanteau, but no papers of any sort, except a jeweller's bill, and no money whatever.
EUGENE BERETTA . I keep the Hotel Milan, in Denman Street, Golden Square—I don't remember when I first, saw the prisoner, but it was a few months ago—in June last he owed me 30l. for board at my hotel—he had come there several times to dine and breakfast—he was lodging at 9, Sherwood Street, Golden Square—on 22nd June, he showed me two notes for 1000 live each, and asked me to change them—I could not, but I offered to go with him to Mr. Baum's office, in Regent Street, where he changed them and received 76l. in gold and English notes—he paid me 25l. in gold on account—he went back with me to my hotel; where he went afterwards I don't know.
Prisoner. Q. Did I not come back to your hotel? A. Yes, two months afterwards—not to reside there, you came two or three times without stop-ping—when you left in June you said you were going abroad—when you came back you said you had been in Italy—when you went to Mr. Baum's you wrote down your name and address on a piece of paper—I saw you writing—I did not see what you wrote—I did not know where you were domiciled in Milan.
ALFRED PEARSON . I am now a bullion dealer, in Cranbourn Street, Leicester Square—I formerly managed Mr. Baum's business—on 22nd June I purchased two notes of the National Bank of Sardinia, for 1000 live each—this (produced) is one of them, No. 670—the other was sold before we had notice of its being forged, and it has not ret come back-speak as to the prisoner being the man I bought them of; but I remember Mr. Beretta being with him—I paid to the person 53l. in Bank of England notes, and 26l. in gold—I requested him to give a name and address, and he wrote "Nicol Romeo, 9, Sherrard Street"—I copied it into my book—I am positive that was the name he wrote, and not "Metelli"—I knew Mr. Beretta, or I should not have changed them—I had my doubts about them
—I subsequently told Beretta they were false—I think it was on 1st July that I was advised they were forgeries—Beretta must have seen the prisoner afterwards, and he ought to have let me know.
MR. PEARSON (Re-examined). Mr. Beretta came to me with a paper, stating that he had found out the name was "Metelli," and some address in Italy—I told Mr. Baum about it, and went to the Italian Consul—Mr. Beretta called in the meantime, and I told him I could not tell him how to act or what to do, as Mr. Baum had not got further advice from the Consul.
THOMAS MCKEOWN . I am a bullion dealer, of 15, Fenchurch Street, City—on 18th August last a forgeries gentleman came to my shop to change notes—I could not swear it was the prisoner—he stood rather sideways, and he gave me three notes to change—I did not change them myself, I sent my clerk, Mr. Ward, to Mr. Venables, of the Royal Exchange—the foreign gentleman remained with me—Mr. Ward returned with 105l. 5s. 3d., in bank notes, and I gave 103l. 4s. 3d. to the foreign gentleman, deducting 2l. odd—the only way in which I can identify these (produced) as the notes I gave are because they have our stamp on them—I did not take the numbers—I could not swear to them—we generally put our stamps on notes—when the man came in with the notes I asked him what he wanted for them, and when we got a price out of him I told my clerk to sell them, and finish the transaction, and make no entry in the books—I have had to pay for them—they were notes like these 1000 live notes on the Sardinian Bank—I would not change them on my own judgment.
HENRY GEORGE HOPPER . I am manager to Mr. Tenables, of the Royal Exchange—on 18th August these three notes of the National Bank of Sardinia were brought to me by a clerk of Mr. McKeown—I wrote Mr. McKeown's name on the back—I gave the clerk this cheque for 105l. 5s. 3d. on the National Bank, where Mr. Venables keeps an account—we sent the notes to Italy and heard that they were detained—we did not get the money for them.
—Boss. I am a cashier at the National Bank in Old Broad Street—Mr. Venables keeps an account there—on 18th August I cashed Mr. Venables' cheque for 105l. 5s. 3d., and gave in payment these bank-notes (produced), four twenties and one ten.
ELISE WAGLEY . I am barmaid at the Charing Cross Hotel—on 18th August the prisoner was stopping there—on that day his bill amounted to 17l. 11s. 4d.; it was paid that day—I don't know how long he had been staying there—if it was paid with a bank-note it would be my duty to hand it to Mr. Higgs, the manager.
THOMAS HIGGS . I am manager of the Charing Cross Hotel—on 18th August, in the course of business, I received 20l. bank note, No. 33494—I have an entry of having paid it in to Williams, Deacon & Co., the bankers, next morning—I have not the date of it—I find here a 20l. note of that number.
HEINRICH HUNRAH . I am groom of the chambers at the Charing Cross Hotel—I know the prisoner—I keep an account of the time persons come and leave—the prisoner came there on 12th August, and left on the 18th.
Prisoner. Q. Do you remember that I had been there the previous year?
A. Yes, in 1869—after leaving on 19th August this year you returned again on 4th September; I have got it in the book.
WILLIAM WINCH . I am a porter at the Charing Cross Hotel—I remember a person of the name of Metelli leaving the hotel on the evening of 19th August, to go by the mail train to Dover—I booked the luggage for Dover, and he took his ticket for Dorer—I hare the hotel luggage ticket that was issued for the 8.30 train.
WILLIAM WARD . I am station clerk at the South-Eastern Railway Station at Dover, and was there on the night of 18th August—to the best of my belief the prisoner is the passenger who tendered me a 30l. note on that night on the arrival of the 8.45 train from London, between 10 and 11—he wanted a first class ticket to Paris, which was 1l. 15s. 1d—he gave me this 20l. note (produced), No. 33494—I don't take the number, but I impress the ticket stamp on a portion of the note—as he was going to Paris, and as I had a quantity of French money on head, I asked whether he would take a portion of the change in French money; I spoke in Flemish, and he replied, in imperfect English, "What you like"—I thereupon gave him 250 francs in French gold, eight sovereigns, and 4s. 11d. in French silver—I put the money on the end of the counter, and instead of counting it as an ordinary passenger would do, the whole was swept into his hand and deposited in his pocket, and he hastily left the office and went on to the platform, towards the pier—having such a curious customer I followed him on to the platform—I noticed that he was a foreigner there was not much margin of time for him.
Prisoner. Q. In putting the change before me, did you not count it place by piece? A. I put it in piles of 100 france and fifty, and the eight sovereigns in another pile, but I did not count it originally—I don't think you could see the English gold, and you could not judge of the number of napoleons; there might have been only four in each pile instead of five—I have no doubt I gave the exact change.
FILICE BUZZI (Interpreted). I am cashier at the National Bank of Italy at Milan, and am a shareholder—the two notes uttered to Mr. Hands are forgeries; they are good imitations—the genuine notes are printed on special paper at Florence—I produce one of the genuine notes—these four-teen other notes are all forgeries, and are identical with the other two; the one uttered to Mr. Baum is a forgery, and the same as the others; the three with Mr. McKeown's name on the back are false, and of the same description.
Prisoner. Q. Do you know if there is a money-changers at Milan in the Piazza del Pionel? A. There were several; there was one of the names of Polli and Perelli; one of the partners of that firm was condemned to ten years' transportation and hard labour, for attempting to put forged notes of the National Bank in circulation.
COURT. Q. Are you the cashier of that bank? A. Yes; it is now styled the Bank of the Kingdom of Italy; it is made a corporation by the law of Italy, approved by the Parliament—this paper is a receipt given when a letter is posted to the person posting it—it would not be produced by the person who had to receive the letter in London.
ALPHONSO GALEINI . I am acquainted with the Italian language, also with English—I have made an accurate translation of these notes; they are for 1000 live each, on the National Bank of Sardinia, payable on it demand to bearer.
Prisoner's Defence (Interpreted). These twenty-one notes which have been found to be forged were given to me as genuine, and I received them as genuine from the firm of Perelli and Polli, money-changers at Milan, at the beginning of April in the present year, in exchange for a certificate of Italian stock. Later I came to know that one of the partners was condemned to ten years' hard labour for having attempted to put in circulation forged notes. My good faith is proved by being in the company of Mr. Beretta when I changed the notes, and by leaving my address in London. If I had known they were forged I should never have sought the company of Beretta to have them exchanged, especially as he knew me intimately. After two months I returned to London, and continued to frequent the hotel kept by Beretta, who never told me anything about the notes being forged; on the contrary, he received me well; therefore, he could not have suspected they were forged. When I obtained exchange for three of the notes in the City, the clerk went out and returned and said they were genuine; therefore, that confirmed me that they were genuine. I was astonished, when I went to the third money-changer to have two more changed, to be told they were forged. I then gave up all the remainder that I had, my passport, and everything. I had no idea of it before then. If I had been a forger I should have acted in a different way. I should have tried to obtain change of the whole lot in one day, of different money-changers, and I should not have travelled with a passport in my own name; consequently, I protest that I am innocent I had two witnesses I had requested to attend, one of the name of Duncan, and the waiter at an hotel, whose name I don't now recollect; but it appears they are not here.
GUILTY .— Five Years' Penal Servitude.
NEW COURT. Tuesday, November 22nd; and
THIRD COURT, Wednesday, November 23rd, 1870.
Before Mr. Common Serjeant.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MESSRS BESLEY and HORACE BROWN the Defence.
JAMES FLITT . I am cashier to Hey wood & Co., Liverpool—on 19th August, some person applied to me for a draft for 26l. on our London agents, Barclay & Co.—this (produced) is the draft we so granted—he also applied for a draft for 3l. 14s. 4d. to William Gant, at the same time, on Barclay & Co.—he gave me written particulars of the drafts in this small memorandum, in which he gives the name of Charles Rocher and W. Gant as the persons to whom the drafts were to be made payable—he gave me a 50l. note, 600,741, and I gave him the change—this is my original book—the large draft has been paid, and returned to us by Barclay's, but that for 3l. 14s. 1d. is still outstanding—on 15th August, the same person came again fur a draft for 382l. on Barclay's, in favour of Charles Rocher, and I issued to him this draft (produced)—part of the money be paid me, was two 100l. notes, M. 3. 78822 and 78823—this other draft for 382l. is forged, it is crossed "Midland Banking Company, Sheffield," and dated 15th August—it purports to have been issued from our place at Liverpool, but we did not issue, on 15th August, two drafts payable to Charles Rocher—holding this draft to the light, I can see part
of the name remaining, a capital "W" and "G," part of small "e," and the tail of the "q" in Enquire; also part of the down stroke of the "t" in the word "three;" the "d" in "pounds," and the "f" in "fourteen"—here is the same writing (produced) as was on the original draft to William Gant, and you will see that those letters correspond—the genuine draft is signed by Mr. Anderton, this is his real signature, of which the other draft bears a pretty fair imitation, but it is more slanting, and one or two of the letters might be mistaken—the same person had all these drafts (produced)—the draft for 315l. is the first entry in my counter-book, it was therefore obtained the first thing in the morning—the bank opens at 10 o'clock—the person gave his name, Leopold Wrights in both cases—these are the notes, this 50l. note has my name on the back of it, it it dated 6th July, 1870—the two 100l. notes are dated 5th March, 1870.
Cross-examined by MR. BESLEY. I have been reading the dates from the notes—I only note the numbers—I can say positively, that this 50l. note has passed through my hands, but whether more than once, I cannot say—it may occur on some days, that I do not give drafts on London—the number issued in a day varies, it is perhaps between 200 and 500 in a month—Mr. Anderton does not sign them all—this draft of 15th August, was the first piece of work I did that day—it is the first entry, and that enables me to say that it was shortly after 10 o'clock—this is the only book I used that day, and this is the original entry—the book also refers on the other side to cheques cashed over the counter—I am cashier—it is necessary that these entries should be made at the time, because there are not always vouchers for money received—it is very unlikely that I received no money before 12 o'clock—the very next entry convinces me that the first entry was made early in the morning; it refers to a bill which was due on the previous day, and which was handed by us to the notary, who brought back in the morning with the money—that would be done early—I will swear it was done before 10.30; and there is another reason, the next entry is a dividend warrant, which must have come to us by post, and it was intended to be sent out for collection—I have not got the dividend warrant here, or the envelope of it—dividend warrants are occasionally banded to us by our customers, but they generally come by post; this came by post, in all probability, as it is from a oust otter who is never in town, and who always sends it by letter—my attention bat never been called to this third entry till now, nor to the second entry—the person came on 12th August, about mid-day, I should say—it is rare for another cashier to take my place during dinner, and in both then cases I can swear I received the money myself—I say that it was in the middle of the day, from the position it occupies in my book—that it in reference both to the entries before and after it—I cannot tell to half an hour—the middle of the day is generally a slack time—the person would ant be there more them three or four minutes—this memorandum was left with me, it was not written in my presents, but handed to one—these figures on it are copied from my book—you cannot see the remains of these letters without a magnifying glass—I cannot say that the prisoner is the person I saw on either of those two occasions; there was nothing to call my attention to him—I think it was the tame person on both occasions.
Re-examined. have an impression that he is the man—Messrs. Bareley telegraphed to us about the 17th or 18th, to know whether we had issued two drafts—it was after they had paid the genuine draft—my attention
was called to the matter within a day or two; they sent us the forged draft for inspection—these two 100l. notes correspond with the letter and the figures; we do not take the trouble to take down the dates, the cyphers and the numbers are sufficient to identify them.
RICHARD ANDIRTON . I am principal cashier at Heywood & Co.'s bank, Liverpool—this draft marked "C" for 382l., dated 10th August, is signed by me—the one marked "D" is a facsimile of it, and is on one of our forms, but it is not signed by me—a draft issued for 3l. 14s. 4d. payable to W. Gant, has never found its way to our bank.
WALTER BEARDSHAW . I was formerly clerk to the Midland Banking Company, Sheffield—their agents are the London and County Bank—I knew the prisoner; he came to the bank on 13th August, and presented this draft for 26l. and another for 38l., drawn by Heywood & Co., Liver-pool, August 12, and payable to Charles Rocher—he asked me to cash them, and said "I am a stranger here"—I said that we did not do it for strangers, and asked him if be knew anyone in the town; he said "No"—I asked him where he was staying—he said "At the Clarence Hotel"—I said, if he could get the proprietor of the hotel to put his Dams on the back, I would cash it—he said that he did not know him, and should not like to do so—I then compared the draft, with a passport made out us the name of Rocher, and showed it to the clerk who was in command, tolling him that the height and description of the man corresponded—he also showed us envelopes directed in that name, with different stamp on them, and after that we consented to pay him—he wrote the "Charles Rocher" on the back, in my presence—I deducted the commission—I understood him to say that he was a commercial traveller—he mentioned two or three places where he was going, and asked, if he wanted more cashed at any time would I do it; I said "Yes, if they are right"—on 16th August he presented this draft for 382l. drawn by Heywood & Co. on Barclay, Bevan & Co., dated 15th August, and payable to Charles Rocher—I knew him directly he came in, and being so large an amount I referred it again to the chief clerk, who handed it to him to write his name, and he wrote "Charles Rocher" on the back of it—I paid him with three 100l. notes, 544405 and 54541, January 27th, 1869, and 57710, March 5th, 1870; a 50l. note, 03417, July, 1870; a 20l. Manchester note, 80409; and a 10l. note, which is missing—this was between 10.40 and 11.10—I say that because I left the bank for a short time at 11.30, and I accidentally looked at the clock just before he came in, as I had an engagement—my attention was directed to the transaction a few days afterwards, and the whole thing was called to my mind.
Cross-examined by MR. BROWN. I should think it was about midday on the 13th, but I will not swear—I am quite certain that the person who was there on the 13th was the same person who returned on the 16th.
ELLIS NATHAN . I am a jeweller, of No. 1, Union Passage, Birmingham—on 16th August a person came there and purchased a gold chain and locket, which came to 12l. together—he paid me with this 100l. note, No. 57710, March 5th, 1870—I do not know the number, but here is my endorsement on it—I sent it to the Town and District Bank to be changed—I am not quite sure what notes I received in change, but I gave 90l. of them to the man, keeping two 5l. notes, and he gave me two sovereigns—I believe the prisoner is the man, but I should not like to swear to him—
I identify this locket by my private mark, and I have no doubt that this is the chain I sold with it—It was between 3 and 4 in the afternoon.
Cross-examined by MR. BROWN. If there was anyone very much resembling the prisoner I might be mistaken in saying that the prisoner is the man.
ALFRED PENLEY ROBINSON . I am cashier at the Town and District Bank, Birmingham—Mr. Nathan keeps an account there—on 16th August I received a 100l. note, No. 57710, March 5th, 1870, from a parson sent by him—I gave in change for it a 50l. note, 48861, Birmingham, 11th April, 1868; two twenties, 48735 and 48736, initialled Y Z, but I cannot give you the dates; and two 5l. notes.
THOMAS ADKINS . I am a clerk to Barclay, Seven & Co, bankers, Lombard Street—they are London agents for Heywood & Co., bankers, of Liverpool—I produce a letter of advice from Heywood & Co., dated 12th August, relating to a draft for 26l. payable to Charles Rocher, and to one for 3l. 14s. 44d., payable to W. Gant—the draft for 26l. was brought into the bank and cashed in the ordinary way—the London and County Bank were the agents—the draft for 3l. 14s. 4d. is still unpaid; it has never been presented—this draft marked D, was presented through the clearing house through the London and County Bank—I paid it, believing it to be a genuine document—I cancelled it.
Cross-examined by MR. BESLEY. I paid the 26l. draft through the clearing house—I do not make memorandums—I can tell you the dates by looking at my book.
JOSBPH HOLLAND CRUMP. I am cashier to Barclay, Bevan & Co., of Lombard Street, the London agents for Heywood & Co., Liverpool—on 17th August, this draft, marked C, for 382l., drawn by Heywood & Co on Barclay, Bevan & Co., was presented over the counter—It is payable to Charles Rocher—the bank opens at 9, and it was prestnted about 9, or a little before; I had not got my money ready, and asked the person whether he would present it a little later, as I had not got my oath open; he went away with the draft and came back in twenty minutes or half an hour—I then cashed it, and gave him two 100l. notes, Nos. 92904 and 92905, dated London, 5th March, 1870; ten 10l. notes, Nos. 63786 to 63795 inolutm, dated 8th April; and sixteen 5l. notes, Nos. 80102 to 80117 inclusive, dated 12th July—I kept the draft, and aftarwards took it to Liverpool—I looked particularly at it to see if it was genuine, 'being preseted at such an early hour, but I did not pay particular attention to the party presenting it—I cannot identify the prisoner.
Cross-examined by MR. BESLEY. My impression is that it was a taller person than the prisoner.
HENRY WILSON HAZLEGRAVE . I am a clerk in the bank-note office, Bank of England—I produce two 100l. notes, Nos. 92904 and 92905, March 5th, 1870—I find in the Bank books an entry of the receipt of those notes on 17th August, and that they were changed—I did not change them. (MR. BESLEY. objected to this evidence, the person who made the entries not being produced. MR. POLAND stated that He would send for the clerk, if necessary; but contended that the books were sufficient evidence.) I also found on 17th August that five 20l. notes went out numbered 52469 to 52473 inclusive, and dated 17th July, 1870, also ten 10l. notes, numbered 69059 to 69068, dated 8th April, 1870—200l. came in and 200l. went out in exchange—both the 100l. notes have on them the name of Gavatte or Gavotte, 62, Wells Street, Oxford Street, or it may be 72; it is a very bad figure.
THOMAS DAVIS PALMER JONES . I am cashier at the Union Bank of London, Pall Mall branch—I know the prisoner—on 8th August he came then and said he wanted to deposit 3001.—I handed him this slip (produced) to fill up, which he did in my presence, in the name of C. Arnold, Charing Cross Hotel—I particularly noticed him, because he was anxious to know if he could get the money at a moment's notice, which is a very unusual thing for depositors—I told him he could not have it till the expiration of fourteen days—he appeared to accede to the terms, and handed me 220l. in notes, and eighty sovereigns—I handed the notes to Mr. Ryan, a dark whose duty it was to enter them in a book—I issue the papers (produced) for the information of persons wanting to deposit—It is not a special form for one bank—I have no doubt this is one of our forms, but "Union Bank of London" has been torn off—I thought Charing Cross Hotel rather a vague address, and asked the prisoner whether he was employed there; he said no, he put up there when he came to London—I gave him the usual deposit receipt—we require no reference from depositors.
Cross-examined by at the Mansion House, and I said that I particularly noticed him—I did not notice that that was omitted from my depositions—I also said that he was anxious to know when he could draw the money out—my deposition was not read over to me, it was sent to me by post in a registered letter—I signed it and returned it in a registered letter, and this is my erasing—I did not put in what was omitted because I thought what is here was sufficient—I was requested on the Saturday afterwards to refresh my memory—I never saw the person before he deposited the money, but I recognized him immediately he was brought into the bank, twelve days afterwards—I do not think I had seem him in the interval; I may have seen him in the street, but if so I did not recognize him—It was about mid-day when he deposited the money—I believe Mr. Ryan was there when the prisoner was brought in, but there was a deal of confusion.
Re-examined. Mr. Ryan had to take his signature—this is it (produced)—I did not see him write it—this was the 18th, and my attention was called to the deposit on the following Saturday—I have no doubt whatever about the prisoner being the person; I recognised him at once when the officers brought him.
ANDREW JAMES RYAN . I am a clerk in the Union Bank, Pall Mall branch—on 18th August Mr. Jones gave me 220l. in notes; there was a 100l. note, 54, 54l., January 27, 1869; a 20l. note, 52, 473, July 7, 1870; six 10l. notes, 69, 060, 63, 789, 63, 790, 63, 786, 63, 787, and 69, 063, all dated 8th April, 1870, and eight 5l. notes, among which were numbers 80, 103, 80, 112, 80, 116, and 80, 117, all dated 12th July, 1870—I took this receipt (produced) from the person, and entered the notes to C. Arnold—this receipt is in my writing.
Cross-examined by MR. BESLEY. This is the signature; it is taken out of the book—I do not allow the customer to come inside the counter, but I go outside because I afterwards have to go to the manager—I have to get three signatures, the depositor's, the cashier's, and the manager's—the depositor has to wait while I get the receipt—I think by my book this was between 12 and 2 o'clock, but I did not notice the clock.
JOHN UNSWORTH . I am cashier to Messrs. Lomas & Co., bankers, of York Street, Manchester—I find two drafts of the firm on the Metropolitan Bank, our London agents, one is for 16l., payable to Derbig, and the other
for 23l., payable to F. Morley—I also produce memoranda relating to those drafts—Scheller was the name of the person given as paying those drafts, and another draft for 3l. 7s. 9d. was issued to Scheller the same day, payable to P. Grey—the two drafts to Morley and Derbig have been returned—on 24th August a person applied to me for a draft on the Metropolitan Bank for 415l.—I believe the prisoner to be the man—he filled up and delivered to me this ticket giving the particulars for the 415l. draft—this is it marked "E, "it is payable to D. Derbig, and is signed Scheller, the same name as the man had signed two days before—he paid with five 5l. notes, twelve 10l. notes, eight 20l. notes, one 50l. note, and 60l. 10s. in gold, the com-mission was 10s.—I handed those notes to Mr. Grant—this other draft is marked "F"—(MR. BESLEY objected to this evidence, as if given it would be trying a substantive issue, and it would not be fair if the prisoner had to meet two charges at the same time. THE COURT declined to exclude the evidence.)—This document" F, "drawn by Lomas A Co. on the Metropolitan Bank, in favour of P. Derbig, is a facsimile of the one I issued to the prisoner, except the signature I signed the genuine one per procuration, which does not appear on this.
Cross-examined by MR. BESLEY. Q. On 24th August; at what time in the day did the person apply at Manchester for the 41l. draft? A. Between 1 and 2 o'clock in the afternoon—I say that, because I had only a short time previously returned from dinner, at 1 o'clock—I have not brought the book in which I made the entry at the time, but Mr. Grant has his book—It was, perhaps, a week or ten days after 24th August, that I was asked to give evidence; my attention had been called to the transaction on the 26th, the Friday following the 24th—I do not think my attention was called to the actuay hour that I granted the draft, till to-day; but I recollect it so distinctly, that I can speak positively to the fact—when my attention was called to the forgery, two or three days afterwards, I immediately began to recollect what had happened—my recollection is as trustworthy as to the hour as to the other matters having only seen the prisoner once, I may possibly be mistaken, but I believe he is the man—I only saw him once for a short time, but I had occasion to notice him particularly, became when I delivered the draft to him, he looked at it very curiously, and turned to me, but said nothing; I was waiting to hear what he was going to say—he examined it as if he was going to say something—he was there two or three minutes—If I saw another person very like him, my belief would be still further shaken—there are no twins in my family.
Re-examined. I should like to see the twins before giving any opinion whether they are alike.
JOHN FRANKLIN GRANT . I am clerk to Lomas & Co.—it is my duty to enter the particulars of notes coming into the bank—on 24th August, I received 355l. in notes as received from Mr. Scheller, and entered them in my book, there was a 50l. note, No. 48861 Z 6, six 20l. notes 86409 W Z, 48735 Y Z; and 48786 Y Z, 52469, 52470, and 52471 K 11.
Cross-examined by MR. BESLEY. I entered the notes on 22nd and 24th August—I did not see the person who paid them on either ocassion.
CHARLES BARING WALL WINDSOR . I am cashier at the Metropolitan Batik, Cornhill, the London agent to Lomas & Co.—to the best of my belief, our letter of advice of 23rd August, related to three drafts for 23l., 16l., and 3l. 7s. 9d.;—the two drafts for 23l. and 16l. were paid in the ordinary was, that for 3l. 7s. 9d. has never been presented—I produce a letter o
advice relating to a draft for 415l. payable to Derbig—this it the draft marked "C, "it it dated the 24th, and by our date stamp on it, it was presented over the counter on the 26th August, and paid in gold about 9.30 in the morning—It is payable on demand—these are the two letters of advice.
GEORGE AVISON WOODHEAD . I am cashier to Holmes & Co., bankers, of Leeds—on 23rd August, the prisoner presented a draft for 23l., payable to F. Morley, drawn by Lomas & Co., on the Metropolitan Bank—I discounted it at his request with two or three others which he presented—I asked him his name, he said Derbig, and endorsed it in my presence—he came again on 25th August, I knew him again, he presented a draft for 415l., marked 41 F., "drawn by Lomas & Co., payable to D. Derbig; he asked me if I would cash it—I passed it over to Mr. Holmes, who asked me in the prisoner's presence, whether I knew him; I said that I had discounted some drafts for him a day or two previously, and had no doubt it would be all right—the partner gave me permission, and I asked the prisoner to write his name on the back of it, and he wrote "D. Derbig" in my presence—I gave him notes and gold for it—I do not remember what time it was—the draft was afterwards returned as a forgery.
Cross-examined by MR. BROWN. It was about noon on the 26th—it might have been an hour before or after—It might have been 1 o'clock, but it was not 2; it was some time before dinner—I will give you from 12 to 1 o'clock—I had never seen him before the 23rd.
THOMAS LUCAS . I am clerk to Rothschild & Sons, of New Court, St. Swithin's Lane—on August 1st someone came to the counting-house and presented this paper—I gave him a draft, which he filled up in my presence, for 10,000 franca, for Charles Arnold, 25, Wells Street—the price of the draft was 3961 8s. 2d., he gave me notes in part payment—I identify these four notes, one for 300l., No. 43155, 12th July, 1869; a 50l., No. 84905, 6th April, 1870; a 20l., No. 14628, 7th July, 1870; and a 10l., No. 09594, 8th March, 1870; that makes 380l.—I cannot say whether the rest was in cash—here is my mark on these notes—I gave him a draft on Paris for 10, 000 frasves, pay-able to Charles Arnold—on 9th August a person brought the draft back—I cannot say whether it was the same person—I believe the—prisoner to be the man—he asked if we would return him the money, as he was not going to Paris on account of the war; I spoke to one of the partners, and was instructed to pay the money—I gave the man this cheque (produced) for 398l. 8s. 2d. on Smith, Payne & Co., and destroyed the draft for 10, 000 francs—it was on one of our regular printed forms, like this (produced), and dated August 1st—the amount was no doubt written in French—when the form was first shown to me I could see no writing upon it, but afterwards, when it was shown to me at the Police Court, I recognized an imitation of my writing of the date "I Aout," and at the middle and at the bottom I see faint traces of the name "Rothschild"—here is enough here to enable me to recognize it as Mr. Alfred Rothschild's signature—I should say from this signature that the bill for 10, 000 francs was signed by Mr. Alfred—nobody ought to be in possession of any of our forms.
Cross-examined by MR. BROWN. I do not speak positively to the prisoner on 1st August—I have no recollection of who came for the bill that day—it is only by the prisoner asking for the bill to be returned to him on 9th August that I recollect it.
bankers, Lombard Street—Rothschild & Co keep an account there on—9th August I paid this cheque for 3982. 8l. 2d. over the counter, with these notes produced, three 100l. notes, 78822 to 78824, dated 6th March a 60l. note, 00741, dated 6th July, four 10l. notes, and 8l. 8s. 2d. in money.
RICHARD ALEXANDER BEVAN . I am one of the partners in the Union Bank, North Street, Brighton—on 28th July Mr. Garter called me to the counter, in consequence of his not being able to understand the prisoner, who spoke French—the prisoner produced the draft dated 26th July, by Baum & Sons on a firm in Paris, payable to Lewis Pratt—he said that, in consequence of the war, he was not going to Paris, but to America—I said that he must pass through London, and he could get it cashed going through—he said that he must go round by Bristol, and he wanted to go there without going through London—I said I did not know what the exchange was, how much I ought to give him, and that it was not usual for us to change cheques for strangers—in consequence of his urgency I consented to telegraph to Messrs. Baum, and he was to call again—he left the bill with me, I believe—I telegraphed to Baum & Sons the number and amount—I considered their reply satisfactory, and ordered the amount to be paid to the prisoner—he endorsed the draft "Lewis Pratt, "and gave some address in America.
Cross-examined by Mr. BROWN. He came about 11 o'clock—he returned, I was told, hi my absence—he received the money between 3 o'clock and 3.50—we never got the money back.
GEORGE CARTER . I am a cashier in the Union Bank, Brighton—on 28th July a man, who I believe to be the prisoner, came and had some conversation with Mr. Bevan, in my presence—he said he was going to Paris, but had changed his mind, owing to the war, and was going to America, and did not want to go through London, but by Bristol—he left, and came again later in the day—we had than received an answer from Baum's, and I had Mr. Bevan's authority to cash the draft—it was paid in two 50l. notes, and a number of tens, one of which was No. 09694, dated 8th March.
Cross-examined by MR. BESLEY. The person was in my presence about five minutes each time; the first time was about 11 o'clock, and the second from 3 o'clock to 3.30—I agree with Mr. Bevan about the time—I had not seen the man before, to my knowledge—I will not swear to the prisoner, but I believe him to be the man.
HENRY HARRIS . I am clerk to Baum, Son & Co., money dealers, of Lombard Street—on 26th July I was applied to by some person for a draft for 5600 francs on Paris, payable to Louis Pratt—I made out this draft, and it was signed by Mr. Baum, one of the firm—this was the only draft issued for this amount—the genuine draft was returned front our Paris agent as paid—this draft "B," dated 26th July, for 5500 francs, is a facsimile of the other, with the exception of the signature and the writing—it is on one of our forms, but it is a forgery—we do many transactions in small amounts, and it is impossible to say when the whole of our hills come in, especially since the war.
Cross-examined. My impression was, the prisoner is like the person to whom I issued it.
HENRY HOLDEN SMITH . I am a clerk in the issue office, Bank of England—I produce the original book, in which I find an entry relating to the changing of two 100l. notes, Nos. 92, 904 and 92, 905, dated 5th March, in
exchange for which were given five 2l. notes, Nos. 52, 469 to 52, 473, dated 7th July, and ten 10l. notes, 69, 059 to 69, 068, dated 8th April.
Cross-examined by MR. BESLEY. This book is not written by me—I did not take the notes from the person who brought them, nor did I issue the notes I have spoken of—I know nothing more than the book—I had no-thing whatever to do with the transaction—the entry is Mr. Pearson's—I saw him yesterday.
Re-examined. This is the book recording the transactions of the Bank.
HENRY WEBB (City Detective Sergeant). On Wednesday, 31st August, about 3 in the afternoon, I was with Haydon, a brother officer, in Norfolk Street, Strand—I had received information and a description from Mr. Harris and Mr. Jones, at the Union Bank—I saw the prisoner come out of the Belle Vue Hotel, 21, Norfolk Street—we followed him to the Bavarian beer-house, Strand, where he remained till 4 o'clock—he then went to Castle Street, Leicester Square, and was looking in at a picture shop—I touched him on the shoulder, and said "How do you do, Sir?"—he said "I don't know you"—I said "I dare say not; we are two detective officers; there have been many forgeries committed in various parts of the country, Liverpool, Manchester, and Sheffield; and from the description of the person committing them, I think you answer it. On 10th August, a draft for 382l. was uttered at Sheffield, do you know anything at all about it?"—he said "No, I know nothing about it"—I said, "Perhaps you will give us your name?"—he said "Yes, my name is Spinelli, and I live in Norfolk Street, Strand"—I said "Did you, on 18th August, deposit in the Union Bank, Pall Mall, 300l.?"—he said, "No, I have no money in any bank"—Haydon said "Perhaps you will have no objection to go into the bank with us?—he said "Certainly not, I will go"—he and I walked together to Pall Mall, and on the road he said "How far is the Union Bank; I don't know it?"—when we arrived I saw Mr. Jones, and said "I have called with this gentleman respecting the deposit of 300l. on 18th August"—Mr. Jones looked at him, and said to me, "Yes, I have a very strong belief that that is the man who deposited the money"—I then told the prisoner to consider himself in custody; he made no reply—Sergeant Haydon searched him—he asked his name; he said he should not give it till he saw the American Consul—I told him his name was Spinelli, but he would not have that name—I went on the same day to the Belle Vue Hotel, to a room which the head waiter showed me on the ground floor, and received this portmanteau and other things from the landlord—I opened it with a key, which Haydon took from the prisoner at the station, and found in it, among other things, two bottles, a brush, a sheet of glass, and between the leaves of a book was this draft on Rothschild's.
Cross-examined by MR. BESLEY. When I accosted him he said "My name is Spinelli; I live in Oxford Street"—he did not tell me he had letters addressed to the name of Spinelli, because he was representing the firm of Spinelli in London—I was first employed on the 21st by Mr. Mullens, the solicitor to the Banker's Association, and four or five days after that I put myself in communication with a person named Martha Shine—I saw her ten or twelve times, the last time was one day last week—I went with her to some restaurants and music halls, but not till after the 30th—she told me the prisoner was with a man whom he called his brother, one evening, in Coventry Street, but she did not know whether it was his brother or not—before the prisoner was taken in custody I went to Charing Cross Hotel to find Arnold, and I
went again seven days after ha was taken—the prisoner never amid he had no money, only he had do money in any bank—he had money which Haydon will produce—he had to wait a minute or two for Mr. Jones to identify him—at times we put a prisoner with several others, but we thought it discreet to take him to the bank—we sought Charles Arnold at the Charing Cross Hotel before the prisoner was taken—he was not described to me as having a stiff leg, nor was the brother—I do not know of any medical examination of the prisoner, to see whether he has a stiff leg; I never heard of the suggestion before—I sought after Arnold, and saw a foreign gentleman, named Harnold, about 4ft. high—I did not ask him to write that I might see his writing; I knew it was not necessary the moment I saw hint—he was a little Jew—I did not ask the prisoner to write at the bank; Mr. Jones identifying him was sufficient, though he was not in too much of a hurry, he knew who I was and what I was employed upon.
Re-examined. I have known people who can write different hands—Mr. Harnold satisfied me who he was—Shine is an unfortunate young lady, who knows the prisoner very well.
MICHAEL HAYDON (City Detective Sergeant). I was with Sergeant Webb—I searched the prisoner at the bank, and found this chain, locket, watch, ring, key, and purse, containing about 4l.—I received information, went to the Belle Vue Hotel, Norfolk Street, and was shown room No. 16, in which I found a portmanteau, which I opened with the key found on the prisoner, and in it I found 120 sovereigns in two bags (produced), and a quantity of wearing apparel—there is no name on it, but a portion of it is numbered—I also found a bottle of muriatio acid, a bottle of hydrochloric acid, a bottle of tannin, a camel's hair brush, this sheet of glass, and other things—the bottles and the brush were in the center of the portmanteau, between the clothes—I found this paper with two signatures of Charles Rocher on it in the portmanteau, among other papers—also this piece of paper which has on it "Smith & Co., Lomberhill, 700, Wright & Co., Hart, Fellowes & Co., of Bridle smith's Gate, "that is near Nottingham—I also found the certificate of naturalization to a Robert D'Auray, from America, and this certificate discharge as a disabled volunteer, in the name of Charles Arnold, from, the National Asylum for Disabled Soldiers, Dayton, Oibo—I showed the bottles of chemicals to Mr. Smith—I have surrendered to Mr. Miller all the documents I found in the portmanteau.
Cross-examined by MR. BESLEY. There were some letters from Spain—Mr. Mullens has them; there were also other papers—I also took two or three papers from his pockets—the papers are numbered up to 50—I know nothing of the story of the stiff leg—I was employed on 18th August, before Webb—I did not see Mr. Jones till I went with the prisoner—I did not go to the Charing Cross Hotel—I have not been making enquiries about a person closely resembling the prisoner—he told me on one occasion, I ought to go to Spain and find his brother; that was at the first examination—I believe he said it was a twin brother—he did not complain to me of his brother having taken some money—I did not decline to go and see after his brother, I said "If you tell me where your brother in to be found, and can give information to Mr. Mullens, I am sure I shall have permission from him to go and make enquiries"—that was in the cell after he was remanded at the justice-room—he spoke English well, I understood him; imperfectly, but intelligibly, not as an Englishman would, but with a foreign accent.
Re-examined. The prisoner replied, "How can I tell where to find him," and shrugged his shoulders—he did not say what part of Spain.
GEORGE SMITH . I am in the service of James Howe, chemical apparatus maker, of 2, Foster Lane, City, I have a particular knowledge of chemistry—I have examined these two bottles, this one contains hyperchloride of lime and several other things, the other contains hydrochloric acid, and this is powdered resin; this brush has been used with these substances—either of these ingredients will remove ink marks from paper—It is best to use one first, and give a finishing touch with the other; it requires a little manoeuvring to do it well—a piece of glass would be useful to support the paper, which must be laid on something smooth—I have used it myself, and taken marks out of paper with it—I have seen this draft for 382l., and under the thick writing, I can trace some faint letters, which I have developed with gallic and tannic acid, which supposing it had been submitted to these solutions, would develope the parts where the iron from the ink remained—after I had done that, I saw the letters "W and "G" faintly appear, and part of the "E" in Esqre., and the "£" where the writing would be 3l. 14s., and part of the "d" in "pound, "and the "f" in "fourteen"—I could trace no letters on this plain form of Messrs. Roths-child when the police gave it to me, but I submitted it to a similar process to develope some of the ink, and developed "I Aout "and some other words which I could not distinguish, and part of the amount—I have actually drawn out the ink marks from paper with these articles—I have also done it on one of the forms from Manchester, and on one of the Liverpool drafts; it takes the ink clean out.
Cross-examined by MR. BESLEY. I actually used the contents of these two bottles; this green bottle was not originally sold with the contents I found in it—It has contained something for the teeth—It has a fresh label—I should think it very improbable that these chemicals were used for anastatic printing—they convert the organic substance into another combination—if I wrote with this fluid I know nothing to make it visible; it will merely decompose colouring matter—the original substance is washed out of the paper; it may leave a little of the ink behind, which tannic acid will reproduce—it requires care—the names of these acids are very similar in French—a person must know how to apply chemistry to use this process—it can be done so per-fectly that no trace of the ink is left.
GEORGE FELLOWES . I am a member of the firm of Hart, Fellowes, & Co., of Bridle smiths' Gate—this piece of paper bears our address at Nottingham, and I recognize other names on it of other bankers at Nottingham, but the addresses of some are not quite right—I know the prisoner—I think he is the man—he came to our bank at Nottingham on 3rd August, and asked us to cash a 10, 000 franc draft by Rothschild's, on their Paris house, as he could not go there on account of the war—we declined to do it—the draft was payable to Charles Arnold, which he said was his name, and that he had not been in England long, and had not been in England before.
Cross-examined. I have not been examined before—I made no memo-randum in writing of the application—my attention was not called to it till the 26th, or a day or two after—I never saw the prisoner again till this morning—I do not swear positively he is the man, but to the best of my belief he is—I have not heard him speak to-day.
Q. Suppose there is a person closely resembling him? A. He would have to be very like him—I have never seen him without his hat till to-day—I saw him for ten minutes or quarter of an hour—as to the day of the week we telegraphed to Rothschild's, and I go by the date of the telegram.
Re-examined. I only saw him once—he called next morning, but I was not present—he left the draft in our hands, and we said we would telegraph to Messrs. Rothschild—after that the matter was called to my attention.
Cross-examined. I occupy the whole house, and let it out in lodgings—there were four lodgers there in August—there is no 25A, that I am aware of, but I am not sure.
Re-examined. I have lived there nearly six years, and only know one number 25—24 is on one side of me and 26 on the other—I know nothing of the prisoner.
RICHARD MULLENS . I am the solicitor for the prosecution—Webb and Haydon placed in my hands all the documents and papers, and I have been through them all with them—I found envelopes addressed to Spinelli, and letters belonging to the envelopes, but no letters addressed to Spinelli—some of the letters are written by a female, who signs herself "Topsy," and sometimes "Topsy Blanche"—they are written in French—they have nothing to do with the case—none of the papers refer to any brother, but here is a letter from St. Sebastian, from a man who only signs himself "Henri"—that is not as from a brother; it begins "Cher Monsieur," and refers to the establishment of a gaming table—on the bottom of the receipted Belle Vue Hotel bill here is "Acid Chlortic on muriatic."
Cross-examined. I have numbered the letters with reference to the envelopes as nearly as I could—there are not envelopes for every letter—the dates are August 22nd, 23rd, and 24th.
Re-examined. They are addressed "Mons. C. A. Spinelli, 21, Norfolk Street, Strand"—I do not think this "23" means 23rd August, but 23rd July, from the contents—one is signed "Topsy Blanche, "and another "Antoinette"—the envelopes bear the post-mark St. Sebastian; this is a letter from someone requesting him, when passing through Paris, to call and pay his debts.
Witnesses for the Defence.
HENRY DEMUS . I am head waiter at the Belle Vue Hotel, Norfolk Street, Strand—I left there in 1867, and went back again in June, 1870—I know the prisoner; he has been residing there from time to time this summer—It was my duty to keep the journal of the arrival and departure of visitors in a book, which I have here—the prisoner came there on Sunday, 24th of July, early in the morning, 5 or 6 o'clock, and I have put down that he went to bed—I make my entries every night, after dinner and before 12 o'clock—If a person comes in the morning, I write it in the evening—the prisoner came several hours before I wrote it—he remained at the hotel and had dinner—no deductions were made between the 24th and 28th, as he had all his meals—he left on the 28th—"after dinner" I have put down; that is some time after 7 o'clock—our dinner is finished at 7; it is a table d' hote; it begins at 6.30, and is generally over at 6—the prisoner came back on 30th July, two days after-wards, in the morning—he still paid so much a day, and there were no deductions that day—he left on 2nd August, after dinner, and paid his bill—his dinner is charged on that day—he returned on 6th August in the afternoon—I cannot say the time, and remained up to 12th August, when he left after breakfast—it must have been about 11 o'clock—he did not say where he was
going—he arrived again on 14th August, in the evening, after dinner, and slept at the hotel that night—his bed candle is charged on the 15th—he was there on the 14th, 15th, 16th, 17th, and 18th, and left on the 19th, after breakfast, about 11 o'clock—I have the entry "Spinelli left"—he dined there on the 15th, 16th, 17th, and 18th—"Médoc" is entered to him, which he drank at dinner—he had a bottle of ale on the 19th—he returned on 25th August, about mid-day—he did not dine that day—he dined on 26th, and Medoc is charged—he also dined there on the 27th—he used to breakfast in his room—his habits were rather late, he was late at night and late in the morning—I did not take his breakfast to him—he was very often in and out of the coffee-room; he used to read very much—I cannot tell who took his breakfast in on 28th July—he gave me a letter for a lady on the night he left—I did not get a stamp for it, I gave it to the second waiter, and told him if the lady came to give it to her—I did not send out for a 6d. stamp, I keep them in the house—on the Sunday afternoon before he was taken in custody, a gentlemen called and saw him in his bed-room—I think he was there some time—he rang his bell, I went up, and they asked for a pair of scales—when I went back with the scales, I saw that they were weighing a chain against ten or twelve sovereigns—it was a chain alone—this (produced) is it; I saw it in the scales—Mrs. Culverwell, the landlady, gave me the scales—I do not know whether the gentleman took the chain away when he left; but I noticed the prisoner with a chain after that which I had not seen him with before—I only saw this canvas bag once—I noticed it on the table when the gentleman was in hi room, on the Sunday when they weighed the sovereigns—when the prisoner came I think he brought a very little portmanteau; bat be exchanged it for this new one (produced)—the gentleman who came on the Sunday was very much like Mr. Spinelli—he never mentioned who he was.
Cross-examined by MR. POLAND. I did not let him in; he gave me no name—he asked if Mr. Spinelli was in; I said "Yes, "and asked him to step into the little room—I have never seen him before or since—I did not hear who he was—my impression was that they were going to weigh the chain—they were not potatoe scales, nor letter scales—Mrs. Culverwell is not here; she is unwell—I cannot tell you how long the gentleman stayed; I did not see him go away—I cannot tell whether he brought anything—he was not a dark man, and I have not said that he was—a dark man came to dinner with Spinelli one night, but he was not like him—those were the only two visitors—no one came from the firm of Spinelli & Co.—I do not know what the prisoner is—I never knew of his business transactions—he said that he came from America, but did not say when, or what for, or where he was going—I cannot give you any information about the person with the scales, except that he was like Mr. Spinelli—he had light hair and a full beard and moustache—I should know him directly if I saw him again, but I should not be likely to mistake him for the prisoner—by like, I mean the same complexion and hair—there was nothing wonderful about it—we charge 7s. 6d. a day, and if a man does not dine we deduct 2s. at the end of the bill—I simply put down how many times he did not dine—I have no independent memory; I cannot say without looking at the book—we do not charge a man with dinner if he comes in and has a bottle of Medoc; here is "14th, Spinelli returned after dinner"—he slept in the hotel that night, because we have charged his breakfast in the morning—we should not deduct breakfast if he did not have it—the chambermaid is here—I
can tell you from memory, also, that he slept there on Sunday night, 14th August—we never serve late dinners—If a customer comes in by a late train, and has some cold meat and Medoc, we should charge it as cold meat—we should not charge 2s. for dinner if he did not have the dinner, but only 1s. 6d. for cold meat—you will find in my book on several occasions "Dined out"—If we miss a gentleman at dinner we put down "Dined out," but we generally ask them in the morning—the other waiter attended to the prisoner as well as myself—I had nothing to be with the bedrooms—on 28th July, when the prisoner left, he did not pay his bill because he left his luggage—he paid it on 2nd August—he did not tell me he was going over to Paris, nor did be say, when he returned, where he had been—you will find some Rudesheim charged to him on 28th July—on 12th August I have entered "Left after breakfast"—he did not say where he was going—he always said he would be back in a day or two, or something of that kind.
COURT. Q. Did be always tell you when he was going to stay away all night? A. He told me to take his luggage into a room, and we could take possession of his room, or else wt should charge for it—I only knew the prisoner by the name of Spinelli; never at Arnold—I only heard his second name in this Court—It would take me too long to find an instance of wine and cold meat in this book; it is generally tea and cold meat.
BY MR. BESLEY. We put down the numbers of the rooms occupied in the book, and we put against than the articles which the person has in the day—this is the number of persons in the house, and we make a note of those who do not dine—the prisoner never had a bottle of Medoc with cold meat, from first to last—he dined there on the days that I find wine charged against him, and independent of that, his number is down among the people in my book—there is an absence of any memorandum that he did not dine—he dined on the days I find his number down and Medoc charged—a gentleman from the prosecution has been several times to look at the books, and has examined them carefully—there was nothing unusual about the prisoner's conduct at the hotel; some gentlemen have no visitors—I received plenty of letters addressed in the name of Spinelli, in due course of post, which I delivered to the prisoner—some of them were from Spain—Mrs. Culver well has been requited to attend to-day, but she is unwell—It would be very rude if I were to cross-examine gentlemen leaving the hotel as to where they are going—the prisoner did not converse with me on the subject of his movements—assuming for a moment that I had only seen the prisoner once and the other man once, I might make a mistake between them; but I was familiar with the prisoner from having seen him many times—they resembled one another closely.
COURT. Q. Do you know why Spinelli was removed from No. 16 to No. 33? A. Yes, because he asked to have a better room; it was too small for him.
SUSAN GORDON . I am chambermaid at the Hotel Belle Vue, 21, Norfolk Street—I know the prisoner as a visitor there—on 25th August, between 11 and 12 o'clock, I went into his room to sweep it, and found him lying full length upon the bed, dressed—he spoke to me—I do not keep accounts if the right persons sleep there—he came at first with a portmanteau, a hat box, and a small satchel, a thing which is worn with a strap over the shoulders—I did not see that when he was taken in custody—I did not see that canvas bag when he came to the hotel—it was not with his luggage.
BY MR. POLAND I do not know what has become of the satchel—I was
chambermaid there from 30th July to 18th October—there was no night-porter while I was there, but the waiter sat up one night and the porter the next, to let people in—the prisoner generally used to be on the bed all day, dressed, but I remember it was the 25th August, because it was the day I done the room—I have often seen him on the bed, fully dressed—I do the room every week—I was not asked whether I could remember the 25th August; I was asked whether I saw Mr. Spinelli—after he returned he was removed from No. 16 to No. 33.
Q. I believe on several occasions his bed was not slept in? A. Well, he used to lie on it, more than sleep in it—I used to make it every morning, and again at 5.30, while dinner was going on—I have seen six or seven times that the bed has not been slept in—he did not tell me when he left the hotel where he was going, he used to say that he was going away for two or three days, but he never said where—when he came back, he did not tell me where he had been, or what he had been doing—his portmanteau has always been locked when we have gone to move it—I never saw it open—I last saw his satchel about the middle of August—I do not book the times when people sleep at the hotel—I cannot recollect any particular night that persons slept there.
BY MR. BESLEY. I went there on 30th July, and the prisoner left for a day only, twice or three times after I went there—I had no conversation with him when he was going—when he returned on the 16th, I said that I did not expect him so soon, and his carpets were up—Saturday was, I think, the day for cleaning his room—it was about five days before he was taken in custody that I saw him on the bed, a Sunday had intervened, as he was taken on a Monday—his bed was not slept in six or seven times—he always used to lie on it, but he has slept in it—it used not to be in the same state in the morning as it was at 5.30, he had laid on it, which had altered its appearance—he was never absent at nights, to my knowledge—on no occasion when he has been charged for being at the hotel, have I found that his room had not been used, because there was always the appearance of his having washed and used the room.
MR. POLAND. Q. Have not you told the Policeman Haydon, that you have been in the prisoner's room after breakfast, and seen that the bed had been entirely undisturbed? A. When he has been away from the hotel two or three nights, that is what I meant—the police came to the hotel to ask what I knew previously.
ANGELO BERTER . I am a Swiss, and am waiter at the Belle Vue Hotel, which is managed by Mrs. Culverwell; she is ill, and Mr. Culverwell is paralyzed, and has nothing to do with the management—I went there on 19th June—I have nothing to do with keeping the books—I remember the prisoner being there—when he was there, I took him his breakfast every morning at 11 or 12 o'clock to his bedroom—he employed his time in reading the paper, and was always in his bedroom till 2 o'clock in the day—during the time he was there, Mons. Dumont was staying there—I attended at dinner every day—whenever the prisoner breakfasted, he also dined at the hotel—his bedroom was No. 16, but he changed to No. 33.
Cross-examined by MR. POLAND. I spoke to him in French—I have chatted with him sometimes—he used to read and write a good deal in his bedroom, he had a table there—I used to sit up at night to let people in—he sometimes went away, but I cannot remember the times—once I think he went away at night, after dinner, he did not come back the next day, because he gave
me a letter for his wife; she came to London, I think—Mrs. Culverwell keeps always in her bedroom—one week the was ill—she was in her bed yesterday—I do not remember the prisoner having some scales.
Re-examined by MR. BESLEY. These (produced) are the scales belonging to Mrs. Culverwell; they are her property.
OTTO DUMONT . I am an independent gentleman—on 15th August I went to the Belle Vue Hotel—my room was, I believe, No. 17—I arrived at about 7 o'clock in the evening from France—I do not think I saw Mr. Spineili that night—I saw him the next day, or the day after, at the table d'hote, he sat next me—I knew nothing of him before I got into conversation with him—I noticed him there three or four times, sitting at my side—I am still there, I have not been away since 15th August—I do not think I have ever changed my room—I saw the prisoner there during the week before he was taken in custody; but I cannot tell the days—I never saw a visitor come to him—he usually went out after dinner.
MR. DEBICK. I am one of the firm of Debick & Mutter, tailors, of Princes Street; Hanover Square—the prisoner came to my house on 27th July—he was introduced by another person—I have not got the date of the order down; but the clothes were sent to 21, Norfolk Street, Strand, and they were signed for by Demus—they were paid for on the 9th, and he gave an order for two coats at the time—we delivered one, which he paid for—I do not remember seeing him after he gave the order; but he might have come to try on—I cannot tell you when the second lot of clothes were sent in—this bill (prodvced) is for the first suit—July 26th is the date in the margin.
COURT. You said it was the 27th. Witness. There is some mistake by my clerk.
Cross-examined by MR. POLAND. The receipt is dated August 9th—I cannot say whether he paid me or my partner—when he was in custody at the Mansion House he was wearing some of my clothes—I examined the clothes in his portmanteau; they were made by me.
Re-examined by MR. BESLEY. I was subpoenaed by the prosecution to tell what I could say—I have nothing to say against him.
LOUISA BURTON . I live at 23, Church Street, Soho—I know the prisoner, I have seen him about five times, I think, and with two or three friends—I have seen a gentleman with him twice or three times, who I think is very much like him—I saw them together—I did not learn who he was; but I should take him to be his brother—I think he spoke a little English; but imperfectly, like a foreigner—I remember being with them at Gatti's, in Villiers Street.
Cross-examined by MR. POLAND. I first met the prisoner at a place in Coventry Street, called Leon's—I am a milliner, but am out of a place at present—I last worked for Giovanelli, a French milliner, of Bunhill Row, Chiswell Street, three months ago—I was there two months, but I worked for them before, a year and five months—I did not go with the prisoner except when I went with my friend, Martha Shine, who, I believe, the prisoner was friendly with—he was no friend of mine, nor was the other gentleman, the brother—I have also seen him once or twice in the street—I have not been out with him till 2 or 3 o'clock in the morning; 11.30 is the latest—Leon's is not a supper place, it is an ice-cream shop—my friend told me his name was Spineili—my sister; my friend, at least, told me he was staying in Cuvcutry Street—I think she knew him a little—we go as sisters—we
do not live together—I am not her sister—she lives in King Street, Soho, near to me—I only saw the other gentleman with the prisoner twice, once at Leon's and once at Gatti's—I do not know his name, or where he came from, or where he is gone to—I had very little conversation with him—the prisoner did not introduce him to me—I believe he was like him—I suppose it was a family likeness—he was like him in his ways, and he had whiskers the same, and a high forehead, and a moustache the same—when I saw him the second time I did not know who he was, because I took very little notice of him—I had some recollection, I knew I had seen him before—I knew the prisoner again when I saw him—I shook hands with him—I seldom go to these places of an evening—I live now by sometimes having a little money from home—I have not seen the police officers in Shine's company.
Upon MR. POLAND proposing to call witnesses in reply to prove that it was possible for the prisoner to have gone to Sheffield in the morning and got back to London the same night, MR. BESLEY objected that any evidence to that effect should have been given in chief, and could not now be given to contradict that for the defence. THE COURT considered that, as the evidence of an alibi could not be anticipated, MR. POLAND was entitled to call the witnesses.
Evidence in reply.
STEPHEN STREET . I am in the service of the Midland Railway Company, as signal man, and am stationed at Sheffield—it is my duty to keep an ac-count of the arrival of the trains that come into Sheffield—the train which left London in August at 6.15 was due at Sheffield at 10.47, and it arrived on 16th August at 10.51—I made a note of it—there are trains from Leeds, which stop at Sheffield and go on to Birmingham—on 16th August several trains left Sheffield for Birmingham; there was one at 11.53—those two trains were the same on 15th October—there was no change in those trains in October.
Cross-examined by MR. BESLEY. I heard about this about a week ago, from the station-master—I take down the numbers of the engines as they past—I knew this train by the London papers, which always come by it—my signal box is on the platform—this train was two or three minutes late on 16th August—the column for the time of passing is the time when the train ought to come—I put down the time it arrives—it came at 10.51, and departed at 10.54—the station is in the middle of the town, three or four minutes' walk from the market—I do not know where the banks are—the proper time for the Leeds train is 11.44; 11.39 is the arrival, and she is allowed five minutes at Sheffield—I enter the times that the trains arrive at in a book.
HENRY SMITH . I am a guard on the North Western Railway, and was so in August last—a train leaves Birmingham at 3.50 p.m. for London, which arrives at Euston at 7 o'clock—I was guard of that train on 16th August; it arrived at Euston Square at 7.5.
WILLIAM BETTENT . I am a guard on the London and North Western, and was so in August—on Monday, 15th August, I left Liverpool with the train which started at 11.32; it was due at Euston Station at 5.15; it arrived at 5.33; it was eighteen minutes late.
MICHAEL HAYDON (Re-examined). On 15th October, I left London by the early train, from St. Pancras, at 6.15 a.m., and arrived at Sheffield at 10.55—I went down specially to trace this matter—I rode from the station at Sheffield in a cab to the bank, which took me seven minutes—I stayed there five minutes, went back to the station in the cab, and remained there half an hour or more, till the departure of the train for Birmingham—11.44
was its time, but it left at 11.50—I arrived at Birmingham at 2.50, and went to Mr. Nathan's—I walked there, having time; I than went on to the Town and District Bank, walked back to Nathan's, and thence to the station, where I had nearly an hour to spare till the departure of the 3.50 train, by which I started for London, when I armed at 7.10, and took a cab to the Belle Vue Hotel, and got there about 7.10, which was twenty minutes.
BY THE COURT. The Euston Square Station would be somewhat nearer to Norfolk Street, but not much.
JURY to H. DEMUS. Q. Was it possible for the prisoner to have left early enough to have caught the 6.15 train without you or some one being aware of it? A. No, he could not get out till 6.30 or 6.46—it was the porter's duty to let any person in or out, but he would tell me if he did so.
GUILTY .— Ten Years' Penal Servitude.
Upon MR. GRIFFITHS opening, THE COURT considered that there was no case to go to the Jury.
NOT GUILTY .
MR. BOTTOKLBY conducted the Prosecution
JAMES KELSEY (City Policeman 894). On Wednesday evening, 9th November, about 8.30, I saw the prisoner take hold of two pairs of boots hanging outside Mr. Lille's shop, in Bishopsgate Without—he then went to a third pair, took them from outside the window, and ran away—I followed him into Primrose Street, and saw him drop the boots—I took him to the station.
Prisoner's Defence. I will never do it any more.
GUILTY .*— Three Months' Imprisonment, and Three Years in a Reformatory.
MR. MICHELE conducted the Prosecution.
JOHN BURROUGHS (Policeman H R 33). About noon, on 6th November, I saw the prisoners, with a man not in custody, in Petticoat Lane—Molloy went up to a stall and took three hats—he put one on his head, and passed two under his left arm to Waldron, who walked away with them—I stopped Waldron with the two hats—he said at first that he had not got them—Molloy then came up, and said "He has done nothing, let him go"—I took them both, with Cowley's assistance.
Waldron. Q. Were any people standing at the stall? A. Four or five.
Molloy. I was not with him, I was by myself. Witness. You were with him—I followed you all thirty or forty yards.
Molloy. You choked me, and tore my coat Witness. I took you rather tight because I was hustled by so many thieves; you got away, but I took you again a quarter of an hour or twenty minutes afterwards.
Waldron. Q. Was not a man taken for stealing a watch? A. That was after Molloy got away from me—he was tried yesterday at Middlmex Sessions, and got eighteen months.
Waldron was further charged with having been convicted at Clerkenwell in January, 1869.
Waldron. I was charged with burglary, but I was not found guilty.
GEORGE LOCKYER . Waldron was acquitted of the burglary, but Agar proved two previous convictions against him in 1869—the prisoners are brothers or cousins. (No verdict was taken on the charge of previous conviction).
WALDRON**— Seven Years' Penal Servitude.
MOLLOY— Six Months Imprisonment.
PETER ARMING . I keep a boarding-house, at 8, Grace's Alley, Wellclose Square—the prisoners lodged at my house; they are sailors—In the room in which they slept was a chest of clothes belonging to another lodger named Richardson, who was in a hospital—my servant gave me information.
LUDWIG RODER . I am a sailor—I boarded with Mr. Arming, and slept in the same room with the prisoners—I had a chest in the room, which I locked when I went to the hospital, leaving in it a coat, some sea-boots, shirts, and other things, and outside it an oilskin coat and other things—these things (produced) are mine—next time I saw my chest it was empty.
EDWIN BELSON (Policeman H 129). The prisoners were given into my custody on the morning of 7th November, charged with stealing clothes—they both said they did not do it—these two pairs of white trowsers and this scarf were found in Morris's chest, and a pair of trowsers and this oilskin in Williams' bag—Williams said in Morris's presence, "Morris gave me the clothes to put into my bag; I do not know who they belong to"—Morris said "I do not know whose they are; they do not belong to me."
WILLIAM AMBRIDGE (Policeman H 192). I overtook Mulson going to the Police Court, and heard Williams say, "I lent a pricker to Davis, "I believe the name was; "but I do not know what he did with it"—I searched Morris's chest by the Magistrate's order, but found nothing—in Williams' bag I found these sea-boots and blanket, which the prosecutor identifies.
Williams. I found them in my chest; they did not belong to me.
The Prisoners' Statements before the Magistrate. Williams says: "I do not know how the boots and blanket got into my bag; I did not take them. The other things were put into my bag." Morris says: "I took the things out of the chest, but I did not break the chest open."
COURT to P. ARMING. Q. Were there any more persons sleeping in the room? A. One man, Edward Davis—he has gone away—the prisoners said that he kicked the chest open—he was locked up with them, but they would not take the charge at the station.
GUILTY — Three Months' Imprisonment each.
TAYLOR PLEADED GUILTY *— Fifteen Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecutions.
SAMUEL LITTLE (City Detective Offer). I was with Randall, in Alders-gate Street, on the afternoon of the 15th, and saw the prisoners together, about 5.15; they separated, and Taylor and Merry weather crossed the road—I watched them—they joined again in Bath Street; Taylor and Merry-weather went to Mr. Green's shop, a cutler, in Newgate Street; Merry-weather went in, and in about a minute Taylor went in; Smith and Holmes then crossed to the opposite side of the street, and stood opposite the shop—Taylor came out immediately, putting something under his coat; he joined Smith and Holmes, and they went to a dark part of the street; Merry weather joined them, and they all four went into the Ballsy, when Taylor took something from under his coat and pass a it to Smith; they separated, and I took them in custody on Ludgate Hill—Holmes got away—Merry weather refused his name and address—I only found 24. on him—I saw them all in company on the night of the 14th, except Kerry-weather.
Merryweather. I gats my address at the first station I was taken to, but refused to give it at the second. Witness. You gave a name, but no address, at Fleet Street Station.
Holmes. I was not out on the evening the robbery was committed. I was at my mother's. Witness. You were taken the next evening—I am sure you are the person.
HENRY RANDALI , (City Detective Officer). I was with Little, and assisted in taking the prisoners—, saw Holmes there, and am certain he is the man—I searched Smith, and took this case of knives from under her clothes—this canvas beg, containing 1s. 11 3/4 d., was in her pocket—I had seen the prisoners together the previous night—Holmes was with them, but not Merryweather.
WILLIAM KING STACEY . I am manager to Mr. Green, cutler, of 23, Newgate Street—on 15th November Merryweather came in and asked for a pruning knife, or garden knife, and selected one at 2s. 6d.—he said that he had only 1s. 6d., and would go out for another shilling—immediately he left, Randall came in and spoke to me, and I missed this case of knives from the end of the counter, by the door—they belong to James Green.
Smith's Defence I know nothing of it.
Merryweather's Defence. I met this young man in Newgate Street I have known him for years; I said "I am going in here to buy a knife." I went in, and came out; but I never saw the other prisoners, only this man. Two officers seized me.
Holmes's Defence. I am innocent It will be very hard for me to be convicted for nothing. GUILTY
HOLMES and MERRYWEATHER were further claryedwilh having been before convicted in July, 1869, to which they
PLEADED GUILTY SMITH— Nine Month's Imprisonment.
MERRYWEATHER** and HOLMES— Seven Years' Penal Servitude each.
NEW COURT.—Wednesday, November 23rd, 1870.
Before Mr. Justice Brett.
MR. ST. AUBYN conducted the Prosecution.
MARGARET MALLEY . I am the wife of Thomas Malley, and live at 24, Hill Street—a week before Whitsuntide, the prisoners came and lodged at my house—they occupied a room on the second-floor—they had two children, one about eight, and the other between three and four—shortly after they came, the female prisoner was delivered of a child—she was not delivered at my house—she came back about a week afterwards, very much intoxicated, with a female child; she was too tipsy to carry it, she fell on the stairs with it—when she was out, I used to go up and tell the little boy to give it food—she was in the habit of going out and leaving the child for hours—one day she left it a whole day with the little boy—I used to go up and see the child—it was in a very horrible state, cold and wretched—no fire or food for it—I said to the female prisoner, "If you look after that child now, you will get out of trouble; but if not, you will get into a great deal of trouble"—she was tipsy then—I Used to tell her the poor little thing was delicate, and wanted looking after—that was all I told her—the said she never suckled any of her children, but brought them up by bottle—I gave information to a policeman, and on the 5th October, I went with him into the room where the child was—only the little boy was there, the other little child and the baby—it was in a very bad condition, very wet, miserable, and cold—I showed him the poor little thing's under-clothes, they were dreadfully wet, and in a frightful state, and the little thing was a mere skeleton—the little boy went out, and the female prisoner came in almost directly—a doctor called the next day and saw the child, and it was afterwards taken to the workhouse—when the prisoner came home, and the policeman remonstrated with her, she took the baby out—I. don't know where—it was sent for by the workhouse authorities shortly after that.
COURT. Q. Was the man ever at home? A. Yes, when he was not on the drink; they would go out for a whole day together, drinking—when he was at work, he used to work hard—he worked at home—he was a tailor—he had a shop of work—I have seen him with money—they came to me at man and wife, and lived as man and wife—I hare heard they are not married—I can't say whether they lived well themselves—I have seen them bring food in occasionally, when they were steady; that was not very often—the woman used to work with him at home—she has left the child a whole day and gone out drinking, and she has left it for three and four hours, or five or six hours—the milkman used to come to the house; he left a pennyworth of milk in a milk-can on the knob of the door in the morning—that was all I know of, I never saw any more—that lasted for a week or a fortnight—I don't know where they had it from before that—I am married—a penny-worth of milk a day would not be sufficient for the child, nor would three pennyworth—I never saw the female prisoner feeding the child—it was six or seven weeks in the house before it was taken to the workhouse—it was a very five child when born—I have children of my own—I sent out for a half-penny worth of milk for the child one day, to put in the bottle, and a sponge cake—I gave it to the little boy to give to it—I did not go up in the room.
Purcell. Q. Did I not always bring plenty of money on a Saturday-night? A. Yes, when you went to the shop and came home steady, you used to pay me the rent—you used to give the money to the woman—the lodging was 3s. 6d. a week—I believe you gave her more than that, I have seen money in her hand.
Flynn. Q. Did not a pint of milk come every day, one in the morning, and again at 2 o'clock in the afternoon? A. It was a half-pint in the Doming, I never knew of any more.
COURT. Q. Can you say it was not a pint? A. It did not look Eke a pint—I can't say whether any came at 2 o'clock—the man Died to call for the can at 2—I believe they had some milk on trust, aid I heard the milkman say he would not let it run—he did not leave milk after that—he only left it for a week or a fortnight, and then he would not give her any more credit—the prisoner used to look after the child when she was sober, but the was continually drunk, and then the neglected it—one day she went out and left the man at home, and he did not know what to do with the children, and he was very much bewildered with his work—she left him alone with the children on two occasions, and he did not know what to do—he seemed good and kind to the children when he was there—he was fond of them, as far as I could see—he beat the little boy sometimes, because be used to go about the streets.
EDWARD HEARNE (Policeman Q 247). On 5th October last I was called to the prisoner's house by the last witness—I went up, and saw the baby—it was cold and wet, covered over with a few dirty rags—thm was a feeding bottle by the side of it, with about a tablespoonful of sour milk in it—I waited there nearly two hours, when the female prisoner came in, intoxiated—I spoke to her about the condition of the child; she said the child was fed well, and she always attended to it—I told her that was false—she went down stairs, and took the child out for a short time, and returned home again—I sent for the parish authorities, who came and saw the child—I took the male prisoner into custody last Wednesday month—I charged him with the manolanghter of his child—he said be always gave the female prisoner plenty of money—there was no one in the room when I wont to see the child—the boy was out in the street at play; the prisoner was continually drunk. Flyun. I did not see the policeman at all; he never saw me drunk in his life; the milk could not have been sour. Witness. It was all curdled.
GEORGE EUGENE YARROW . I am the medical officer of St. Lake's Workhouse—on 10th October a child was shown to me by one of the nones in the infirmary—it was wry much emaciated, and had been much neglected, and there were sores about it, from nogleot—it weighed 6lbs.—it was about three months old—the weight of a healthy child of that age should be 11 or 12lbs.—it took its meals Tory ravenously at first—it gradually sank from eihaustion—it had brandy and water and milk, and other stimulants; it sank gradually for a week, and then died on the 18th—I made a post-mortem examination—in my opinion, the cause of death was sahomstion from neglect and privation—the sores on the child indicated that it was not changed sufficiently—the child being left was and cold for hours would produce what I saw—its organs were healthy—the sores would produce a certain amount of exhaustion. Flyun. There wore no sores about the baby—I always attended it before I went out, and washed it properly—I left milk with it before I went out Witness. They were sores that a woman attending a child with ordinary care would have soon—I am not quite sure how long the child had been at the workhouse before I saw it—I saw it on my first visit—it was suffering from want of food at that time.
see them or the baby then—I wet again on the morning of the 8th, and saw the child—I said "Complaints have been made that you have been in the habit of neglecting the child of late, and the child's appearance strengthens that statement"—I told them I should hare occasion to obtain a summons against them—they said the child had always had proper food and attention—it was very emaciated, very thinly clad, and teemed to suffer from extreme privation—I went to the Police Court and obtained a summons against the two prisoners—I sent a messenger for the child two days after—I did not see it shown to the doctor—it went to the receiving ward—I went with the nurse Lyons, and saw it transferred to the work-house—I left it with her, and did not see it again.
ROBERT MCKEON (Inspector). I was present at the Old Street Station when the prisoners were charged—the male prisoner said he always earned plenty of money, and gave it to Margaret, for the purpose of maintaining the children—the female prisoner said the children always had plenty to eat, and the young child (meaning the deceased) had sixpennyworth of milk daily.
THE COURT considered there was no cote against PURCELL— NOT GUILTY .
Flynn's Defence. I never neglected the child; I gave it plenty to eat and drink, and looked after it as a mother ought to.
FLYNN— GUILTY — Six Months' Imprisonment.
37. CREASEY WHELLAMS (28) , Unlawfully obtaining, by means of false pretences, from Thomas Stevens, 5s., with intent to defraud. Three other Counts—for obtaining from other persons other moneys. Other Counts—for conspiracy with one Jones, with intent to defraud. Two other Counts—for attempting to obtain money by false pretences.
MR. H. S. GIFFARD, Q.C., with MESSRS. F. H. LEWIS and ST. AUBYN con-ducted the Prosecution; and MR. THORNE COLE the Defence.
JOHN CURTE . I am managing clerk of the Foreign Department, in Messrs. Stubba' Mercantile Agency—my attention was directed to the collections for the relief of the sick and wounded in the war, in consequence of which I went to Messrs. Coutta', and had a conversation with them, and on the 1st September I went to the defendant's office, at 8, Gracechurch Street—I found "Emigration Agency" up on the door—I went several times between the 1st and the 18th, and then I found that "Emigration Agency" had been painted out, and "Society for the Relief of the Sick and Wounded in the War" in its place—I saw the defendant on 1st September—I asked him if his name was Whellams, and he said "Yes"—I asked if he was the person whose name appeared on the boxes—he said "Yes"—I asked him what security the public had to know that the moneys that were put into those boxes were properly applied for the purposes of the charity—he said he himself was the security—I said "What security can you give yourself; would it not be better to have a committee of three gentlemen, say, an English gentleman, a French gentle-man, and a German gentleman, to come and attend the opening of the boxes at night, to see that all was right?"—he said I was exceedingly impertinent, to make these remarks, and that be acted under the authority of the Society, at 2, St. Martin's Place, and he showed me two papers in
proof; one was a blank paper, marked with a red cross at the top, and was a subscription lift for the Society in aid of the Sick and Wounded, and the committee set out—he said I was very impertinent, and if I did not go out I should get a kick—that was all that passed—this (produced) is one of the boxes I referred to; but the first box I saw had not got the name of the collector on it—in other respects it was the same sort of her—I had seen the boxes carried about by boys—between the 24th August and 18th October I suppose I saw between 400 and 500, or 300 and 400—on 18th October I went and saw the prisoner again; he case out of his office, and spoke to me on the landing—I said I had come for the same purpose as before, I wanted information—he ceiled me a meddling, impertinent fellow, and he referred me to the National Society, and to Coutts bank, for information—I told him I had been there, and I was referred back to him—he said he had no information to give me, and if I did not leave the premises, he would order the porter to remove me by force—he called on a friend of his, who he said was Colonel Dowling, who also threatened to kick me—he introduced him to me as "My friend, Colonel Dowling"—he was down stairs, and he lifted his foot—he called on the porter to remove me, and I was kicked down three steps by the porter—I had subscribed to these boxes—I told the prisoner so on 1st September, and I subscribed afterwards, several times, and I mentioned that on 18th October.
Cross-examined. I did not go to the National Society, or to Coutt's bank, and ask them to prosecute I can't say whether say member of the firm went—I called myself the prosecutor, at Guildhall—I was the prosecutor then—I told you then that I was not instructed by the National Society, but I prosecuted, because I took a fancy to it—no one instructed me to put pennies in the boxes, I did it of my own free will—I am a German, and I found it was for a German object—I charged Mr. Whellams and his servant Hallam with an assault, first of all—the case of assault was dismissed—the Magistrate said it was a most trivial charge—I don't know that I hare said before that I went to Mr. Whellam's several times—I may not have been asked the question—Mr. Whellams told me that the amounts collected were regularly entered in the books, and that the Society knew all about it, speaking of the Society at 2, St. Martin's Place—he did not explain to me the system that he adopted—I did not go to his place intoxicated—I was never drunk in my life—I hare told you that Hallam kicked me down stain—that was the charge brought against him at Guildhall—he did not kick me with his foot, he took me by the shoulders; it was the Colonel who threatened to kick me, and lifted his foot—I said at Guildhall that I had seen the prisoner driving about in a dog-cart with a very fine horse, end strawcoloured gloves—I did not say chocolate gloves, or a high-stepping horse—I think the reporter drew rather on his imagination—I saw him driving a kind of dog cart, and a good hone; if the reporter called it a high-stopping one, I can't help it.
REV. THOMAS STEVENS . I am curate of St. Botolph, Bishopsgate—I have seen the collecting boxes in the streets, for the relief of the sick and wounded, and I had read certain printed papers on the boxes—this is one of them "Millions of pennies wanted for the sick and wounded during the present war. Contributions are earnestly requested. Don't refuse a cropper. Every one can spare one if they will. Picture to yourselves the sufferers on the field of battle. The moneys will be taken to Messrs. Coutt's, and
the amounts placarded on the circular cards. Collector, Mr. C. Whellams, 8, Gracechurch Street"—on 11th October I called at the defendant's office in Gracechurch Street—I had previously had several papers of the National Society—when I saw the defendant on the 11th I gave him 5s. in silver—I had collected that sum in small amounts for the National Society—I fully believed that the money I paid to the defendant would go to the National Society—I believed he was an agent for the Society—he said the amount would be acknowledged at the end of the week in The Times, and probably in other daily papers—I have looked for the acknowledgment, but have not found it—I should not like to swear it was not in.
Cross-examined. The defendant did not, in distinct terms, represent him-self as the paid or accredited agent of the National Society—when I paid the 5s. he asked me in what initials it should be acknowledged, and I said "No initials, but per Rev. T. Stevens"—I saw no acknowledgments in the papers by the prisoner—the National Society had pages of them.
JOHN HENRY ENGLAND . I am a cashier at Messrs, Coutts bank—the National Society in aid of the Sick and Wounded in the War have an account at that bank—on 29th August last I received from the defendant 18l. 15s. paid in to that account—that was the only amount he paid in—as far as I know the amounts from the boxes were not paid into the bank weekly.
Cross-examined. I can't say that I was present when the 18l. 15s. was paid in—I don't know whether it was paid in gold, silver, or copper. I believe there was 5l. worth of copper—an objection would be made to receiving so large an amount in copper—I don't know what was said—the clerk who received the amount and spoke to Mr. Whellams, is not here to-day—his name is Mr. Mason—I have no doubt he it at the bank now—no receipt would be given for the 18l. 15s. paid in—it is not the custom to do so.
RICHARD PRIMMER . I am eleven years old—I was employed by the defendant to stand at the corner of the National and Provincial Bank, in Bishopsgate Street, with a box similar to this—I went to the defendant's office every morning at 10 o'clock, and got one of the boxes and a red and blue cap—I took the box back again at 6 o'clock in the evening—I was employed for seven weeks—people used to put money in my box—I had a sovereign put in once, and two half sovereigns, and silver, and coppers—I got a good bit when I first went—Mr. Whellams used to open the box when I took it back to the office—the money was taken out in my presence—I did not count it—I received 4s. a week.
Cross-examined. There were about thirty-five boys employed altogether—we were paid our wages regularly—some of the boys received 6s. a week, and some 5s.—there was a good bit of money put in at first, but two or three weeks before Mr. Whellams was charged at the Police Court, not so much—I did not always take out the same box—in the evening a good many of the boys went in at one time—the money was counted on the table—the amounts were entered every night on sheets of paper—the contents of each box was entered separately—the boys used to stand out-side, and went in one after the other—I saw two ladies there once when the money was being counted.
Re-examined. I saw the same two ladies there a great many times—I don't know who they were—they were sitting down in the office—I am sure I had a sovereign put into my box, because it was posted up on my box as an honour to think I had collected it—I did not see the boxes counted
during the last week—we were told to go home, and st. boy would me that the boxes were counted right—one used to shake the box up to set if there was anything in it—I had something in it nearly always—the lowest amount I got in the day was 2d—that was after the prisoner had been taken into custody.
JAMES WILLIAM MASON . I am a cashier at Coutts' bank—I hare been tent for, and come in within the last half-hour—I receded the torn of 18l. from the prisoner; 5l. was in copper, and Mr. Whellams asked me whether then would be any objection to receiving a large turn in copper, I think he said 40l. a week—I told him it was not usual, but we should make no objection in the oats of the National Society.
ALBERT BARRY . I am twelve years old in February, and live at 4, Bell Square, Bloomfield Street—I was hired by the fit to stand with a box at Aldgate Church—I had 2s. 6d. a week, and was engaged for six weeks—one day I got 9s. 6d. in my box—it was in copper—I took the box to the office every night—I always had something in it—the prisoner used to count it—there was a clerk there, Mr. Jones—Jones never received the money—after the prisoner was taken to prison, Jones took the money—I sometimes got 3s. a day in my box, and sometimes net so much.
LEWIS ALEXAMDER MOUFLET . I am st. licensed victualler—two collecting boxes were left at my house—Jones called on me on two occasions to give them up, and I refused—I took them to the Court before Sir Robert Carden, and they were opened, and contained 1l. 12s. 4d.—they were at my place seven or tight weeks.
Cross-examined. They were placed in my public-house in the Al Tower, in the Meat Market—the amount was put in about the first fortnight or three weeks, and not much afterwards—I don't recollect the date when they were put up.
CHARLES JOHN BURGEES . I am the secretary of the National Society in aid of the Sick and Wounded—early in August, or fete in July last, the defendant called on me, I knew nothing of him before—he said he kind a scheme for collecting money for the benefit of the Society—he told me his name, and gave his address, 8, Gracechurch Street he said he was in business there—he said he had an idea which he thought be could tarry out for the benefit of the Society, that was to collect quantities of pennies by means of collecting boxes, which be proposed to pat up in places when there were numerous persons congregated, and he faked for my authority to appoint him to do to for the Society—I declined to give him that authority, and I told him that it was open to him to assist tot Society in any way he pleased—I told him we had no authorized agents acting for us, that everything sent to the Society was voluntarily done—I did not authorize him to hold himself out as an agent for the Society at all—there were certain payments made by him during the month of October; absent 98l.—that is besides the 18l.—the last payment was on 29th September—I have not received any payments from him since that time.
Cross-examined. The first intimation I had was from Mr. Whellams, personally—he asked for my authority to be appointed as agent to the Society—I told him it was open to him to assist us in any way he pleased—we had been applied to by other persons who wanted to act as agents—we refused in all cases—this letter (produced) was sent by me to Mr. Whellams on 1st August, and on 23rd August I received a latter from him, sending one of the boxes, and stating that the books were open to my inspection
whenever I liked to call—I also received this letter of 31st August, enclosing a statement of the amount collected in the boxes—it is dated 26th August, for four days ending 26th August, and the collection from five boxes, 41l. 12s.—he did not send the money to me—I wrote a letter to him on 6th September, asking how many boxes he had got out—I received a letter, dated 8th September, in reply, stating that it would give him great pleasure if some gentleman would be present at the opening of the boxes any evening at 6 o'clock, and also stating that, the last few days being wet, the money collected by the boys in the streets would hardly pay expenses—this list accompanied that letter, "144 boxes at the following hotels," and setting out the names—when the defendant paid money it was acknowledged in the Times—I did not notice that the contents of the boxes placed at the hotels and the name of the hotel was mentioned—I did not look for it—papers of this character (produced) are issued by the Ladies' Committee for the receipt of parcels sent to the office—the total sum paid in to Coutts' bank by the defendant was 116l. odd—the amount collected by the National Society up to the present time is a little over 278,000l.—that money was collected from England, Scotland, Ireland, and India and China, by local committees and private individuals, and from all sources—there was a meeting of the Society on 6th August, at Willis' Rooms, and a resolution was then passed that all the local committees should manage their own affairs, and pay their own expenses, and remit the balance to the Society—the defendant's clerk, Jones, called on me—I don't recollect the interview, or whether I saw him personally—I heard that he was there—I might have seen him, but I don't recollect what it was about—someone came to me from Stubbs & Co., and suggested that a prosecution should take place—I told him that I was too busy to prosecute, that I had my own business to attend to—the prisoner asked me to go and see the boxes opened, but I did not go, it was no business of mine—we would not interfere—we have about nineteen clerk in connection with the National Society—we are put to very great expense in printing and advertising, and so on—there is a German Association collecting in London, and a French Fund—I don't know of the Burlington Society.
GEORGE WALTHRS . I am a licensed victualler, in Shoe Lane—some time in August a collecting box was left at my house—on 29th September the defendant's clerk, Jones, called on me, and the box was opened in my presence, and 2l. 14s. 9d. was found in it—I gave the money to Jones, and he gave me a receipt on behalf of Mr. Whellams.
Cross-examined. I keep the Codger's Hail, in Shoe Lane—there is a public room there where a number of gentlemen meet—the box was in that room for about five or six weeks.
HENRY PILLING (City Policeman). On the 2nd of November, at the last examination but one, I was taking the prisoner to the cell from the Justice Room—his clerk, Jones, followed him—the prisoner asked him what he had done with those small books; "Have you burnt them?—the clerk said "Yes, I have burnt them all '—the prisoner said "That is all right."
Cross-examined. The prisoner, myself, and the clerk Jones, were present—the prisoner was in the cell—I was between them—I did not hear the Counsel say in the Court "Have you put the small books into the bag?—I heard nothing of the sort.
Re-examined. I knew Jones by sight, by being in the Court at the examination—he is here.
was taken before—I was treasurer for the subscribers there for this Society—a month or six weeks ago I received a circular similar to this I after-wards forwarded it to Stubbs' Protection Society.
ROBERT WHITE . I know the prisoner's handwriting; I believe the signature to this circular to be his writing—(This was headed "Society for the Relief of the Sick and Wounded," and stated that the collecting boxes would be supplied at the cost price of 4s. 6d. each, and the some at 2s. 6d., and that the boxes had been distributed at the hotels, clubs, etc, in London, and requesting that the same meant might beadopted in "your took and mightbourhood, "signed" Creasey Whellams.")
A. H. COX (re-called). I received A circular like that—I know nothing of the cost price of either box or cap.
Cross-examined. We have a local committee a the town, for collecting money for the National Society, sad we hare collecting cards—we have expenses in printing and advertising, and we send the money up when it amounts to a good round sum.
JAMES THOMAS HARRISON . I live at Buckingham—my father was the mayor then during the last year—I open his letters during his absence—I received one of these circulars in October last, when he was absent.
JAMES ADLET BERVES . I am a printer and wholesale stationer; carrying on business in Play House Yard—on 7th July last I supplied the defendant with 1000 cards, and on 5th September with 300 boxes—he had had some of me before—the price was 8s. per box, but the labels were extra—I printed 1000 labels, and charged him 20l. that would be barely 5d. each—my total account was 125l. 6s. 6d—he had 600 boxes and 1000 labels—the order was originally for 1000 boxes; but I felt some hesitation about supplying them, and kept them back—I supplied 500, and refused to supply any more—he has paid me 5s. of the account.
Cross-examined. I supplied the boxes about twenty or thirty at a time—he did not give the order to me, he gave it to Mr. Browne, my traveller—he cane to my place afterwards—I went to his else, as I had some doubts as to whether he was the authorized agent for the National Society, and I went to put the question plainly to him—I had supplied some of the goods at that time—he said he was not an agent for the National Society, but was acting entirely on his own account—I supplied him with various labels and cards—on September 50th I supplied twelve small ledgers at 3s. 6d. each—there were no other small books.
HENRY VENNING . I am assistant to Mr. Hemming, of 92, Gracechurch Street, hatter—in September last we made forty-one caps for the defendant—they were scarlet and blue, with flannel bands—the price was 2s. each—twenty-three are paid for, leaving eighteen unpaid.
Cross-examined. They were supplied at 2s. each—the labels on the caps were written, cheapness there was one cap supplied at 10s. 6d.
THE COURT was of opinion that was as evidence of ant false pretence as to the caps.
GEORGE MANTON AINSOOMRS I am managing clerk to Messrs. Herbert Lloyd & Lane, of Gresham Buildings—we had a claim against the prisoner on behalf of some clients, and in consequence of a levy made on the premises I went to the prisoner's premises with the sheriffs officer—the claim was for some watches which had been pawned—the prisoner proposed to redeem them, and pay the costs—he gave me the pawn-tickets, and Paid the costs—on 27th September he had to pay me 1l., costs, and he sent
a sovereign's worth of coppers by one of his lads, and I had to wait till change was brought.
Cross-examined. I was examined at the Police Court—I don't know the date—it wag on a charge of assault, I believe—as far as my belief goes Mr. Lewis stated that a summons had been granted for an assault, but that he intended to open out on that a charge of conspiracy—Messers. Silber & Fleming were our clients.
WILLIAM BLAKE . I am assistant to Messrs. Rugby & Co., brush makers—from a letter I saw in the Standard, I went to the defendant's premises in Gracechurch Street, on 24th October, about 6 o'clock in the evening—I saw the prisoner and two other persons—I asked which was Mr. Whellams, and the prisoner nodded—I said I had come there, seeing an advertisement in the newspaper, and I wished to be present at the examination of the boxes—the prisoner said he was quite ready to assist the public in the examination; he was only too glad for anyone to go; he only wished more would go—he opened his ledger and referred to the amounts, which was in pounds, shillings and pence, and then he produced some small books to correspond; and he gave me every facility for examining the books—apparently the ledger agreed with the books—I saw some boxes there—the prisoner regretted that I was not early enough to see the boxes opened—I said I had come expressly for that purpose, and I said "I turned round your doorway just as the clock struck 6; it is too bad; your clock is too fast"—he said he was very sorry, and if I went the next evening I should see it, but I did not go.
Cross-examined. Every facility was afforded me—I was treated respect-fully and politely.
MR. JUSTICE BRETT of opinion that the charge of conspiracy had failed, and the only question to be left to the Jury was at to the attempt to obtain by false pretences, with reference to the boxes, the evidence at to which was of the weakest description. MR. COLE did not address the Jury.
NOT GUILTY .
MR. J. W. COOPER conducted the Prosecution.
NOT GUILTY .
FOURTH COURT.—Wednesday, November 23rd, 1870.
MR. LEWIS conducted the Prosecution; MR. HUDDLESTON, Q.C., MR. PEARCE, and MR. BESLEY, the Defence.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Thursday, November 24th, 1870.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MR. BROMBY the Defence.
RICHARD HEYDAY . I am a flour factor, and live at 22, Milk Street, Cheapside—in consequence of receiving this letter (produced), in driving my rounds I called at the address named in it (Read: "6, Hyde Road, Hoxton, June 12, 1870. Dear Sir—Will you please call on me at your earliest convenience. Please drop me a line, and let me know what day you will call.—Yours, J. W. Hamilton")—When I called I saw the prisoner on the subject of that letter—I had a conversation with him, but did no business—it was a baker's shop—I could not swear that he has been at my office; he might have been—I think I have a recollection of him, but I would not swear it—on 29th March my place was broken into, and several ready-drawn cheques, and some that were cancelled, were swept away, at well as three or four cancelled cheque-books, and my watch and seals—among the cheques were these two (produced); one is dated London, 12th September, 1870, on the Metropolitan Bank, for 88l. 7s., payable to Messrs. Surr & Gribble, or bearer, and signed "Richard Heyday"—that was a crossed cheque, and when I lost it it was dated March when I lost it; it was not crossed—I keep an account at the Metropolitan Bank—I gave them information, and ordered them not to pay the cheques.
Cross-examined. I did not mention the letter before the Magistrate, I had not found it then—I lost more than twenty cheques, of different dates—I stopped all cheques, and hereafter they were to pay none but those signed in red ink; bit they paid the one for 75s. signed in black ink.
WILLIAM TAYLOR . On 20th September, I was salesman to Messrs. Salmon & Grant, of Tooley Street, the prisoner came there on thas day—he said he was about to set up a little general shop, and asked me what articles he should buy, leaving it to my judgment—I said he would want so-and-so—he gave the name of Gribble—I pot a porter on to select goods for him that I thought suitable for his trade, and made out this invoice, it amounted to 28l. 18s. 4d. nett cash, less 3s. 6d. discount—the prisoner gave me this cheque for 48l. 7s. 64d.—I had my suspicious about it—I said "How will you have these things sent? we shall be sending down there, very likely, to-morrow"—he said "I will get a neighbour of mine, who is coming up on Friday, to bring them down for me; have you got change for this cheque?"—I said "No"—I said to Clark, one of the porters, "Go with this gentleman to the bank, take this cheque, don't part with it; if you get the money, pay him the difference, and receipt this invoice"—the prisoner gave his address, 21, Tanner's Hill, Deptford; I wrote that on the invoice—the prisoner and the porter left together—I never saw the prisoner again till he was in custody—nobody came for the goods.
—I Afterwards went with him to get the cheque cashed—I took the invoice with me, so that if I got the money, I might receipt it, and give him the difference—when we got to King William Street, he went into Cooper's tea warehouse, he said he wanted to select some tea, and he sent me on to the bank to get the cash—I presented the cheque, they refused to pay it, and kept it—I went back, and met the prisoner in King William Street, outside Cooper's—I told him they would not pay the cheque, they wanted to see him—he said he supposed it was because it was torn; he asked me to go buck and see if they would not pay it, and tell them he could not come, that he should have to go all the way to Holloway to see the man he took it of—I went back and told them—I did not see the prisoner again, I waited about with the detective, the prisoner went away—I did not see him again till he was in custody; I went and picked him out.
Cross-examined. The prisoner looked rather frightened when I told him they would not change the cheque.
GEORGE LINES . I am an engineer, living in Francis Street, Deptford, I have lived there all my life—I know Tanner's Hill, it is close to me; there is no such number as 21, I know of no such person living there, or in the neighbourhood.
Cross-examined. There are a good many persons living in the neighbourhood who I do not know.
JOHN STARK . I am a cashier at the Metropolitan Bank—Mr. Heyday keeps an account there—after the robbery at his premises I had certain instructions—by an oversight I paid the 75l. cheque, on 14th September, over the counter, 35l. in notes and 40l. in gold—this 10l. note and the 5l. note are two of the notes I paid.
ALFRED VALE . I am assistant to Mr. Russell, pawnbroker, Norton Folgate—on 16th September I received this 5l. note—I saw the person from whom I received it write on it "James Atkins, 6, Hyde Road, Hoxton"—I believe the note was paid for the redemption of a gold Geneva watch, pawned on 2nd April, 1870, for 25s. in the name of John Atkins, housekeeper, 7, Hackney Road—this (produced) is a gold Geneva watch—I could not swear that it is the one that was redeemed on 16th September; I see so many watches.
AMELIA MOREE , I am the wife of Owen Moree, who keeps the "Jolly Sailor," Back Road, Shoreditch—on a day in September the prisoner came to our house—he had a half-pint of gin, and paid with this 10l. note—I changed it for him—he referred to Mr. Fenn, who I knew, and I wrote the name of Fenn on the note.
ALFRED JAMIESON . I live at 10, Hyde Road, Hoxton—I know the prisoner by the name of Hamilton; he was living at No. 6, a baker's shop—I have seen him write—to the beet of my belief the writing on the back of this 5l. note is his.
EDWARD HANCOCK (City Detective Sergeant). On 24th October I went to a public-house, in Poplar—I there saw the prisoner—I brought him out, told him I was a police officer, and wished to speak to him respecting a 10l. note that he had changed at Moree'8 public-house, in Shadwell—he said the money was spent—I said "Did you change it there?"—he said "Yes—I said "It was the proceeds of a forged cheque; where did you get it from?—he threw himself back against the wall and said "What do you mean by this, what are you going to do?" and struggled violently for some time—I overpowered him, and put him into a cab—I asked him where he
got the 10l. note from—he said "I had it from my uncle"—I said "What is his Miner—he said "Montro"—I said "When does he live?"—he said "He is now in Belgium"—he afterwards said he lived at 7, Durham Street, Hackney Road—I took him to the station and said "You passed a 5l. note to Russell, the pawnbroker, in Norton Folgate"—he said "I think not"—I then showed him a 5l. note and said "Is that four handwriting?"—he said "I don't know"—I went to the boost described by the prisoner, and found that his uncle had left there prior to 25th March—I searched the prisoner, and found on him 8l. 16s., some coppers, and a watch and chain—I have been to 6, Hyde Road, Horton; it is a baker's shop—and also the one in Sherwood Street.
SAMUEL EDWARD SHAW . I live at 1, Durham Street, Hackney Road—the house, No. 7, belongs to me—I had a tenant named Montro; he left on or before 25th March, and has not been there since—I don't know the prisoner—I never saw him there, that I am aware of.
MR. BROMEY submitted that there was no case, that the mere alteration of the date was immaterial; in order to constitute forgery, there must be an alteration in the value of the cheque. MR. COMMISSIONER KERR held that the alteration of date was a forgery, and gave value to the cheque, which, otherwise, would not have been paid.
GUILTY on Second Count— Five Years' Penal Servitude.
NEW COURT.—Tuesday, November 24th, 1870.
Before Mr. Common Serjeant.
MESSRS. BESLEY and CARTER conducted At Prosecution; and MR. W. SLEIGH the Defence.
TOWNSEND WILSON . I am a weaver, in the employ of Messrs. Middleton, at Cononley, in Yorkahire—it is my practice, when I have finished a piece of cloth, to put my mark, "36," on it—this is my mark on this cloth; I made it on 19th September, and took it to a person called them, piece-booker, Robert Snowden.
ROBERT SNOWDEN . I am a piece-taker in Messrs. Middleton's employ—it is my business to receive the pieces from the hands of the workmen, and send them to Bradford-all work done before 12 o'clock in the day is collected and sent to Bradford—this is satteen cloth, in the rough state—it requires to be finished before it is sent to the wholesale houses—it has to be dyed different colours—I have a piece here with "36" on it, and I have put on it "300"—I have seen another piece with some figures of mine on it; I received it the same day from the weaver, and put my mark on it—I also put my number on another piece, "841"—I handed them over to Mr. Bracewell, to be tent to Bradford.
CHARLES BRACEWILL . I am book-keeper to Messrs. Middleton, at Cononley—it is my duty to take the numbers of the pieces sent to Bradford—I did so on 19th September, and entered them in a book—I get Nos. 300, 330, 804, 841, 866, and 867—I made answer with the numbers, and sent it to Bradford to our firm.
George Godley. Q. Who did you get the numbers from? A. From the pieces themselves—I know that the manager reprimanded some-body two or three days afterwards fur making some mistake.
George Godley. Q. Does not Simpson receive all goods which come from the station to the mill? A. Yes, I do not know that Simpson went to the station that day and corrected the invoices, or told the booking-clerk to do so—I do not know that the general manager reprimanded him for doing so.
George Godley. Q. Did not you go with me by the mail train on Sunday morning, and tell me you knew nothing about it? A. I said that there were seven skips, and I know I brought seven—I have not often loaded them myself, and I did not do so on that day, but many a time you never checked them, and they have gone undone—Burtwhistle did check them on this day—I have never said that I did not know what the number was.
Re-examined. Skips are large hampers, they differ entirely from the bags in which goods are sent to be dyed—there has been no mistake in the number of bags, and I am sure there were seven that day.
JAMES BURTWHISTLE . I am a plate-layer, in the service of the Midland Railway Company at Cononley Station, and on 19th September I acted as porter there, and received seven bags from Margraves to go to Messrs. Middleton's mill—I put them in a box van to go to Bradford by the 4.58 p.m. train, but that train was nearly twelve hours late, as the engine went off the line—George Godley and his wife occupied a cottage attached to the station, and the truck in which I put the bags during the twelve hours delay, stood near the station door, thirty or forty yards from where the Godleys lived.
George Godley. Q. In checking goods have you often to run away to your signals? A. You had to do so, but I did not—it is a daily occurrence to make mistakes at the mill in the numbers—there was no mistake on this day—when I was told that a bag was lost I did not say to the station-master" I believe there were seven"—I said "I am sure there were sevan, or else I should not have checked them off"—it was your duty to check the goods in and out of the station by the invoices—when anything was wrong I showed it to my superior, as I did afterwards when there ought to have been ten and I found eleven—there were mistakes sometimes.
GEORGE EDWIN DEACON . I am a goods guard on the Midland Railway—on 19th September my train was due at Cononley at 4.50 p.m., but there was a delay caused by the engine running off the line at Thornton—I got to Cononley at 4.40 a.m., where I had to pick up a van for Bradford, which stood by Cononley Station—I did not open it—I had nothing to do with the inside of it—I left it at Bradford.
SAMUEL SHACKLETON . I am a checker at Bradford, in the employ of the Midland Company—I know Deacon, the guard—on 20th September the goods train from Cononley came in at 6.5 a.m.—a bill which had been made out at Cononley was given to me, and I checked against the way bill, and found six bags for Messrs. Middleton in the truck—I noted the fact that there were only six—there ought to have been seven—I delivered the six to Messrs. Middleton's carman.
at Bradford—I receive all goods before they are dyed, and send them into the warehouse—on 20th September, I received six bags from Cononley, I checked them by the invoice which I received from Bracewell, end found one beg abort, at seven were consigned—that one bag contained fifteen pieces, or upwards of 600 yards—two of the missing piece were marked "300"—this it one of them (produced)—have been twenty-two years in Messrs. Middleton's service—this piece it worth about 15d. a yard, but there is a great difference in the quality—some it worth 4d. a yard, and some 19d.—this piece marked "300," is one of the missing pieces, and is worth 18d. or 19d. a yard—this it another "841 D. C.," that it worth 4d. a yard—I have never known stuff of this quality told and dyed—they dye it various colours, it is called satteen faced cloth.
Cross-examined. Those are the priest when dyed, the wholesale prices when finished—the dyeing makes a great deal of deference in some cases, some colours are very expensive, we send them out to be dyed—common colours cost about 5s. a piece, forty yards—violet tad line are the most expensive colours, they cost 3d. a yard dyeing, and tot common colours 1 1/2 d.—there are other expenses besides dyeing.
Re-examined. "300" and "330" are common colours, but if they were dyed violet, an extra value would be put on them.
JOHN DYER FIELD . I am the London salesman for Middleton & Co.—I have large dealings with the cloth when finished; this "330" would be worth 17d., 18d., and 19d. a yard when dyed according to colour; for a smailer quantity the prices would be higher; we sell wholesale—the cloth is not sold in the grey state in the London market—I should sell "No. 310" at 16d., and 17d. to wholesale houses, snob at Moore & Copestake's.
Cross-examined. It is not a very violent supposition that we get a little profit.
CHARLES MILLER (Detective Officer Y). On the 20th October, I went with Blagg, another officer, to 30, York Road, Islington, and found Mary Ann Godley, I told her I should charge her with steeling 400 yards of cloth from a track on the railway at Cononley, in Yorkshire, about 19th September—she said, "Oh, my God! I thought it would come to this"—I took her in custody, and afterwards went to the first-floor front room, and found several small remnants of cloth in a box under the bed—I was present when the gave Blagg some pawn tickets—she said she had given two dretbes to her sister, who came in in a few minutes—I afterwards went to 21, Connaught Square, and found these dresses (produced)—I received this letter from the woman who keeps the house where the sister was living, it was unopened as she received it from the postmen, it was given to Mary Ann Godley, and opened in my presence; it contained a Post Office Order—(Read: "Sir, I have enclosed a Post Office Older for 1l., payable at York Road Post Office, King's Crots, and I have tent your parcel; I was obliged to take three yards off as so dirty; it is all wrong, all things I got that day turned out blank; bottles and all things is dull, I hope as all is well, old boy. Yours, &c. T. W. to G. Godley, 31, New Market Terrace, York Road, Holloway, London").
JOHN BLAGG (Detective Officer). I an employed by the Midland Rail-way Company—on 20th October I went with Miller, to 38, New Market Terrace, York Road—we found Mary Ann Godley there—I told her I was a detective for a railway, and had come respecting some cloth which the had pledged, and a quantity had been stolen—the said "Oh, my God, I
told my husband it would come to that; I was compelled to pledge it, by his orders"—I said "You will be charged with stealing it"—she said "I did not steal it, my husband stole it"—she gave these pawn tickets to Sherwood—we each took part, and I said that he had better take possession of them all—there are thirty of them, seven of which refer to this material.
GEORGE LINGO . I am in the employ of the London and South-Western Railway, as a detective—on 22nd October I went, with Woodrow, to Midhurst, in Sussex, to Waller's house—we walked into the shop, and I called out "Mr. Waller"—he said "Come in"—we walked into the parlour, and Woodrow said "Have you sent any Post Office order lately to London?"—he said "Yes, I sent one to Godley"—Woodrow said "Where if the stuff he sent you down?"—he said "There are two small pieces there," pointing to the doorway—Woodrow said "I want two large pieces"—I took the candle from the table, and opened a door leading from the parlour to the stores—Waller and Woodrow followed me—in toe first floor front room, on a box, by the bed, I found these two pieces of stuff (produced), with a number of other things on them, cotton print dresses, and two or three parcels of men's stockings—I said "Oh, here it is"—Waller said "Yes, that is it"—Woodrow asked him where he bought it—he said "Over Westminster Bridge"—I said "Where there?"—he said "In a soup shop, where I met Godley"—we asked him how long he had known Godley—he said "I knew him when he was a porter at Elstead Station," which is near Midhurst—we said we should take him to London—he said "I wish he had been at hell, and the stuff too, before I had seen it"—he sells crockery and picture frames, and china and earthenware pans—I was present when this hawker's licence was found on Waller—he was taken in custody.
Cross-examined. He pulled out a bundle of papers and said "Look here, this is how I buy things; these are the invoices"—I did not read them.
Re-examined. I should not know the papers again; I did not handle them, hey were given back, by the inspector's orders.
———WOODROW. I am a detective sergeant of the Midland Rail-way Company—I went to Midhurst with Lingo—this is the stuff that was found, folded as it is now—the marks are cut away.
W. PITTER (Re-examined). This is the "330" cloth—it does not come to us cut into lengths, like this—I cannot find where the marks were.
RICHARD SHERWOOD (Detective Officer Y). I was with the other officer when Mrs. Godley was taken—I went to Bromley, and found Godley there—I told him I came from the Midland Railway, and took him in custody for stealing 600 yards of stuff—he said "Is my wife locked up?"—I said "Yes, and her sister, too"—he said "My God, I would rather have my head chopped off than my wife be locked up; she knows nothing about it"—I said "We cannot help it; in your absence we are obliged to take her"—he said "I had intended to have come and given myself up; had I known my wife would be locked up, I would not have gone away at all" the sister was afterwards discharged—this letter was found on Godley, sealed up—(Read: "Mrs. G. Godley, 38, New Market Terrace, York Road, Holloway, London. My Dear Wife. I arrived at Tom's to-night, and called at Fanny's; tell me if anybody called, or what is wrong. I shall direct my letter to Charley for the future. Call at the paroels' office, King's Cress, and see if the things went, and write to Lee, and ask him if anything is the matter. Write to Waller, and ask him if he received the things
all right, and let you know by return of post. You can do them other, the dresses, to get them out of the way with safety, &c."—not dated)—Mrs. Godley gave me seven pawn tickets—these are three of them (produced).
ISAAC OSBORNE . I am Police-Inspector of the South-Western Railway—the porters are under my directions—Godley was employed at Guildford as porter in 1858—he was afterwards removed to Elstead, which is about six miles from Midhurst—he was at Elstead eighteen months—that was in 1846, and went from then to Virginia Water—he ceased to be porter in the service on 10th October, 1868—his wages were 16s. a week at Elstead, and 17s. at Virginia Water.
G. Godley. Did they raise my wages for good conduct? Witness. For length of servitude; there was nothing very serious against you, and they rose you the second year—that was not without the station master recommending yon.
———WOODROW (Re-examined). Godley came into the Midland Company's service, I believe, in the latter end of June, 1869, at St. Pancras goods station—he went to Cononley at the end of August or the beginning of September, 1870, and ceased to be the Company's servant in October—I believe he arrived in London on 5th October his wages were 16s. to 19s. a week, and a house to live in, for which so much was deducted—about 400 yards of mohair was found in pledge, not including that found at Waller's, which was over 60 yards.
G. Godley. Q. Are you aware that, when I was at the Midland Railway, I was seriously hurt on a crane? A. I heard so—I believe you were sent to the country through your wife being ill.
G. Godley. Q. Was there not a mistake that day in invoicing the goods, making a 6 of it instead of a 7? A. No corrected invoice has been issued or made out—mistakes have been made in not describing the marks properly, but not in the quantities—the foreman came from Bradford to see if he could find the missing bag; or trace it—Simpson did not enter 6 in his book; be entered 7, and entered it to 6, on the under-standing that 6 only were received, which was correct, and here is the invoice, here is his book—the invoice never was altered—I never found any fault with you—nothing has been lost while you were at the station, that I know of—your wife had been confined a fortnight when the stuff was missing—I am not aware of your taking a ticket for Shipton, or being there all day—I cannot say where you were.
Re-examined. I discharged him about 18th September, for obtaining a situation under false pretences I do not know where he had been from the time of his leaving the South Western Railway and getting on to the Mid-land—he left Cononley on 4th October—the person came from Bradford complaining of the loss a week after they were lost; a week after 20th September—Godley was there then.
Godley Statement before the magistrate: "I found them, in two bundles, in a field close to my place. My wife knows nothing of it."
George Godley, in his defence, stated, that on the night in question he went to the station at 10.30, and never returned till 9.30; that he found the stuff
in a field, and took it to his house, which was under the same roof as the station matter: that it would have been impossible for him to take it from the truck without the station matter and the night wntchman teeing him and hearing him open hit door; that hit wife only did what he told her; and that the way he disposed of it showed that he was not a thief, but had always borne a good character.
W. PITTER (Re-examined). There is a white serge told in the trade—I do not know whether that is dyed or not.
S. SHACKLETON (Re-examined). This stuff is not white serge, it is grey; it has to be bleached in stoves with sulphur, to make it white, which is called white dyeing.
MR. BESLEY called, in reply to G. Godley's defence,
RICHARD KEMP . I am warder at the House of Correction at Wandsworth, and produce a certificate—(Read: "Newington Sessions, March, 1869, George Godley, convicted of house-breaking and larceny, Two Month's Imprisonment")—George Godley is the person.
M. A. GODLEY and WALLER— NOT GUILTY .
G. GODLEY*— GUILTY — Twelve Months' Imprisonment.
Before Mr. Common Serjeant.
MR. WALFORD conducted the Prosecution.
VINCENT HOLFORD . I keep the "Pariah Arms," Stratford—on the night of 27th October, I served the prisoner with a glass of ale, which came to 1d.—she gave me a sixpence, and I gave her the change—I kept the sixpence in my hand while I served another party, and then tendered it in change, and found it was bad—I gave her in custody with the coin, which I marked—the prisoner had been there six weeks before, when she tendered a bad sixpence for a glass of cooper—I had no money in the till—I put the sixpence in, and afterwards tendered it in change, and found it was bad—about three weeks afterwards she came again for some kind of liquor, and gave me a bad sixpence—I gave it to a woman in change, without putting it in the till, and found it was bad—the prisoner had then gone.
ROBERT LAKE (Policeman K 508). On 27th October Mr. Holford gave the prisoner into my custody—she said she did not know the coin was bad—she had taken 1s. 6d. of a man she did not know—I found a good shilling on her.
Prisoner. I beg for mercy.
GUILTY *— Nine Months' Imprisonment.
MR. WALFORD conducted the Prosecution; and MR. HUNT defended Taylor.
—the gave me a half-crown—I gave her a shilling, two sixpences, and 4d. in coppers—I rang the half-crown on the counter, and thought it was good, hat afterwards I went outside, and Mr. Pucknell gave me information—I then found the half-crown was bad, and went after Tibble.
THOMAS PUCKNELL . I life next door to the "Butcher's Arms"—on 2nd November I saw the prisoners about 100 yards from there, talking together—Tibble then crossed over to the side the "Butcher's Arms" is on—Mrs. Featherstone came outside her door—I nodded to her, and she went in, and fetched a half-crown, which was bad—I went down Chigwell Road, but missed the prisoners—I afterwards found them together on the men, three quarters of a mile off—I showed the half-crown to Tibble, and said "Do you know that half-crown, it is a had one, and you have just pawed it at the 'Butcher's Arms'"—she said that she was very sorry; she had no change, and what was she to do—Taylor said "I will lead you 2s. 6d."—I took the 2s. 6d., and gave Taylor the half-crown—I had just bent it with my teeth.
EMMA MARIS . I am a dressmaker, of 1, Queen's Place, Buckhurst Hill—on 2nd November Tibble came in for some Berlin wool, which we did not keep—she then asked for a roll of crochet cotton, and a book, which came to 2d., and gave me a half-crown—I gave her 2s. 4d. change after she left I bit the half-crown, and went to Buckhurst Hill Railway Station to ask if it was bad—I saw both the prisoners on the platform, and said to Tibble "This is a bad half-crown you gave me"—I gave them in custody with the half crown.
ELIZA KING . I manage the "Prince of Wales," Buckhurst Hill—on 2nd November, about 6.30, I served Tibble with "a glass of ale, she gave me a florin, which I put in the till, where there was only a crown and a half crown, and gave her the change—Aldis spoke to me, and I gave him the florin—Tibble came in with a person about a quarter of an hour after-wards, I knew her again.
HENRY ALDIS . I am signalman at Buckhurst hill Station—on 2nd November, I saw the prisoners there together, they had taken tickets for London—I went to the "Prince of Wales," at a few minutes past 6 o'clock, and saw the last witness there; she gave me a florin, which I gave to Hicks.
JOHN HICKS (Policeman N 259). I saw the prisoners at Buckhurst Hill Station, and told Tibbles she was charged with passing a bad half-crown—she said, "Anybody might make a mistake, you might have done the same yourself"—I told Taylor, I took her on suspicion of being concerned with Tibbles, she said that she accidentally fell in with Tibbles at the top—I of Queen's Road, but knew nothing of her only by living in the same neighbourhood found on Tibbles, a purse containing 2s. 6d. in good silver, and two railway tickets; and on Taylor, 19s. 8d. in silver, 3s. 2d. in copper, and 23 skeins of Berlin wool, a quantity of cotton, a crochet book, and other articels—I got this bad half-crown from Emma Maria, and this bad florin from Henry Aldis—nine more florins were found next day, close to where the prisoners passed.
Taylor received a good character.
TAYLOR— GUILTY — Eighteen Months' Imprisonment.
TIBBLES— GUILTY †— Eighteen Months' Imprisonment.
46. JOHN WILLIAMS (60), PLEADED GUILTY * to burglariously breaking and entering the dwelling-house of Thomas William Hutchings, and stealing two umbrellas, his property, having been before convicted in March, 1864.
Ten Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. STRAIGHT and MR. HORACE BROWN conducted the Prosecution.
JONATHAN CROMER . I am a shoemaker, of Lambeth—the prisoner came to my shop three months ago, for a pair of boots which came to 2s. 9d., she gave me a half-crown and a sixpence; directly she left, I found the half-crown was bad, before it had passed out of my hands—about six weeks afterwards, she came again for a pair of 3s. 6d. boots—it was on 12th October—she gave a shilling, and a half-crown which I did not like the look of, and put it in my pocket; I afterwards found it was bad—she after wards came back for a pair of women's boots at 4s. 6d., and gave me a bad half-sovereign; I sounded it, bit a piece out of it, and said "I know you, I have got you this time"—she said that it was given to her—I gave her in charge.
Prisoner. Q. When I bought the boots and gave the half-sovereign, did you say anything about my having been there before? A. No; I brought five bad half-crowns against you the next day, two of which I can swear you gave me.
GEORGE MALEY (Policeman L 32). I took the prisoner, and received these two half-crowns, and this half-sovereign—the female searcher gave me, in the prisoner's presence, a shilling, two sixpences, and some pence, saying that she took them from her—the prisoner gave her address.
Prisoner's Defence. He has made boots for me and my child for five years; I am an unfortunate woman, and received the money.
GUILTY of uttering the half-sovereign only.—Six Months' Imprisonment.
MESSRS. STRAIGHT and HORACE BROWN conducted the Prosecution.
SUSAN HAGGERS . I assist my father at the "Rose" public-house, New Cross—on 3rd November, the prisoner came in with another man, for a half-quartern of rum, which came to 3d.—he gave me 1s.—I did not like the look of it, and was going to put it in the tester—he threw down a good half-crown, saying "Take it out of this, if the shilling is bad"—I told him it was bad, and gave him change for the half-crown—they left the house—I sent for a policeman, who brought the prisoner back in custody—I gave the policeman the bad shilling.
Prisoner. Q. Did not you jingle it among your silver? A. No, I never opened the till.
said "Not me, neither have I been in the house to-day"—I took him there, and Miss Haggers identified him at once, and handed me a bad shilling—I took him to the station, and found on him 3s., one of which was bad—I put them on the desk—he made a snatch at them, and put one of thorn in his month—the sergeant came and took two good shillings out of his mouth.
Prisoner. You an making six of it. Witness. It was six, altogether, three bad ones and three good ones.
GUILTY **— Eighteen Months' Imprisonment.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
MARIA WELLS . I am the wife of George Wells, under-deputy at a lodging-house at 34, Mint Street, Borough—on Saturday night, 29th October about 11.15, the prisoner came and gave me a shilling for her son's lodging—she was alone—the price of the bed was 3d.—I gave her 9d. change and she left soon afterwards—I found the shilling to be bad, sad I went in search of her—I found her at the "Old Justice" public-house, with a man—they were drinking together—I told her she had given me a bad shilling—I showed it to her, and she took it from me—she asked me if I had told anybody else in the kitchen, and I said "No"—she then asked her husband whether he had got another shilling, and he gave her a tobacco box—she took a shilling out, and gave it to me—I took the second shilling back to my mistress; she put it in the trier, and it broke in three pieces—about 12 o'clock the man and the prisoner came to the lodging-house—I called her in-doors, and told her she had given me another bad shilling—she went out soon afterwards—a constable was sent for, and sat was taken outside—I gave the constable the bad shilling that was broken.
Prisoner. Q. What time was I home on Saturday night? A. A few minutes past 11 o'clock—we were not all drunk in the kitchen—you said your husband was drunk—that was the only night you paid for your son's lodging—you said you would pay it, because he was drunk—the under-deputy took the money for your husband's lodging—I will swear it was you who gave me the bad shilling, and you said you would go, next morning to your sister, who you got it from, in the Blackfriars Road.
THOMAS WOLFE (Policeman M 154). On Saturday, night, 29th October, about 12.10, I was fetched to 34, Mint Street—the prisoner was given into my custody for uttering a counterfeit shilling—I received this shilling (produced) from Maria Walls—it was broken—I could see it was bad.
CHARLES NICHOLLS . I am manager of the "Old Justice," public-house, Mint Street, Borough—about six months ago the prisoner came in for a pint of beer, in a jug—I knew her well—the beer came to 3d., and 4d. on the jug—she offered me a bad half-crown—I told her it was bad, and she wanted me to give it back to her, and she would get it changed where she took it from—I took the beer from her—I went to the door and saw the man that goes as her husband, standing near—they went away together—I afterwards saw my aunt, Mrs. Lane, throw the two pieces of the half-crown into the fire—it melted, and went through at the bottom.
Prisoner. Q. Did not you change a half-sovereign for me? A. No—you took the half-crown out of a tobacco box, and gave it to me.
The prisoner, in her defence, stated that the Witness Wells was so drunk that she could not tell who she received money from, and that it was the practice at the lodging-house, to give bad money to the lodgers.
The prisoner was further charged with having been before convicted.
CHARLOTTE HOWE . I am a warder of the House of Correction, West, minister—I produce a certificate—(This certified the conviction of Ann Evans; for uttering counterfeit coin, in September, 1869; sentence, six months)—The prisoner is the person—I was present at the trial and had her in my custody.
GUILTY— Eighteen Months' Imprisonment.
MR. COOPER conducted the Prosecution.
JOSEPH HILLIER . I am assistant deputy at 34, Mint Street, Borough—on Saturday, 29th October, about 10 o'clock at night, the male prisoner came in by himself and gave me a shilling for a lodging, for him-self and wife—it came to 7d.—I gave him 5d. change—shortly afterwards I found the shilling was bad—I kept it in my pocket—about midnight, on the same night, Maria Wells gave me a bad shilling—I took both the shillings to a house opposite, and they were broken there—I returned both of them to Maria Wells—the prisoners were lodging in our house as man and wife.
Prisoner. Q. What time did I give you the shilling? A. About 10 o'clock in the evening—I put it in my pocket, and kept it there about two hours, till I saw you again, and then I gave it to my mistress, over the way—she broke it, and I brought it back, gave it to Maria Wells, and the gave it to the constable—I did not see you, come into the house three or four-times afterwards.
MARIA WELLS . I am the wife of George Wells, deputy at 34, Mint Street, Borough—on 29th October, about 11.15, I received a bad shilling from the female prisoner—I gave it to my mistress—this is the one—I received this other shilling from the under-deputy—I did not see the male prisoner at all—I went to the "Old Justice" public-house, ands poke to the female prisoner, and she spoke to the male prisoner—ha took out a tobacco box, and the female took a shilling out of it, which proved to be bad.
ARCHIBALD BRODIE . I am manager of the "Running Hare" public-house, Blackfriars Road—on Saturday, 20th October, about 9.30 or 9.45—the male prisoner came in, and I served him with a half-pint of 4d. ale, which came to a penny—he gave me a bad shilling—I put it in the tester, and it broke easily—I gave it to him back and asked him if he knew where he got it from—he said "Yes"—I said "If you try and bend it straight it will break," and it I did in his hands—he gave me a good shilling, I gave him change, and he left.
Prisoner. This man must be taking a false oath; a running man could not do it in the time. Witness. It might be 9.30—I don't know the distance from my house to the house in Mint Street—you might do it in twenty minutes, I should think.
CHARLES NICHOLS . I am manager of the "Old Justice" public-house Mint Street, Borough—on 29th September the female prisoner came in but I had teen her for tome time before—I served her with a pint of beer and a jug—the beer came to 3d., end then was 4d. on the jug—the offered me a bad half-crown—after she left with the beer, I went to the door and showed it to the police officer—the male prisoner was standing with his back to the door, and be and the primer went off together—I saw the pieces of the half-crown put into the fire, and they melted.
Prisoner. How many persons stood at the door as well as I? Witness. I don't know; there were two constables on the other aide of the way—there it not a man at my house selling bad money from morning to night, nothing of the sort.
GUILTY .*— Twelve Months' Imprisonment.
MR. BOTTOMLET conducted the Prosecution.
THOMAS KEELEY . I am a watchmaker, at 25, Great Pear Tree Street, Waterloo Road—on Sunday morning, about 12.45, I was coming down Stamford Street—as I turned into the Waterloo Road I was met be the prisoner and another female—she said she would have my hat—I said she should not—the came and laid hold of my left arm and walked at far as the church, when I got rid of her—I walked straight on then, and thought no more of it—I crossed the road to the corner of my own street; just stepping on to the pavement, I saw the prisoner and two men converting together—I could not hear what they said—at I was going to the door of my house I received a blow on the aide of the face, and was knocked down, right opposite my deer—I went on my face and hands—I can't say which of the three knocked me down—I believe the prisoner was behind me—I tried to get up again—I was turned on to my back—the prisoner came and knelt en my chest—I was very much hurt and kicked round the body—I struggled to get up—I halloaed out "Bill" and "Fuller;" that was my brother and a lodger in the house—my brother came out after I had halloaed about four times—I was nearly senseless then, from the ill-usage, kicking me round the body, and her knees on my chest, and her hands on my throat—I found her tearing away my waistcoat—I suppose trying to get at my watch—I had 2s. in my left hand pocket, and some halfpence—I never saw the money afterwards—my chain was lost, but the watch was found afterwards, when I was picked up—I lost my senses when my brother came up—this is the waistcoat and the watch.
WILLIAM KEELEY . I am the prosecutor's brother—on this Sunday morning, I was sitting by the fire, reading; I heard a call of "Murder!" and Bill," and "Fuller," two or three times—I ran to the door, and saw my brother lying on hit back, and the prisoner had her knee on his chest—there was another woman standing by, with my brother's hat in her hand—she said "Let the woman alone, that is her husband"—I pulled the woman off, and got my brother up the best way I could—I asked him where his watch was—he said she had got it—I laid hold of her and asked
if she had it, she said "No"—I said I should not loose her till she gave it up—the policeman came up, and she was given in charge.
Prisoner. Your brother's wife says the watch was in his pocket, and it fell into her hand; how could I have it?
FANNY KEELEY . I am the prosecutor's wife—I heard my husband calling his brother Bill—I heard his brother open the street door, and saw him holding the prisoner with one hand, and trying to pull his brother up with the other—as I was helping my husband into the parlour, the watch fell into my hand out of his clothes—I can't tell where it fell from—it fell from the side where the watch-pocket was—there was no chain on the watch—that was gone.
Prisoners' Defence. I heard the young man screaming, and I ran up to see what was the matter, and saw him lying on the ground.
GUILTY . She also PLEADED GUILTY to having been before convicted, in June, 1868— Two Years' Imprisonment.
ADJOURNED TO MONDAY, 12TH DECEMBER, 1870.