CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 27TH, 1871.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
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, February 27th, 1871, 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; THOMAS CHALLIS , Esq., Sir ROBERT WALTER CARDEN , Knt., THOMAS QUESTED FINNIS, Esq., WILLIAM LAWRENCE , Esq., M.P., WILLIAM FERNELET ALLEN, Esq., and ROBERT BESLHT, Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNET , Q.C., M.P., Recorder of the said City; ANDREW LUSK , Esq., M.P., Alderman of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS SCAMBLER OWDEN, Esq., Alderman
WILLIAM HALSE GATTY JONES, Esq.
CENTRAL CRIMINAL COURT.
DAKIN, MAYOR FIFTH 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, February 27th, 1871.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution.
CHARLES THOMPSON . I am a milliner, at 252, Regent Street—I have another shop at 210—I also have a shop in the Edgware Road, and two other shops besides, in other parts of London—in February, 1870, the prisoner called on me at 252, Regent Street, and produced this paper—he said he was an agent for the Royal Scottish Plate Glass Insurance Company—I told him I had never heard of the company—he showed me this prospectus, and told me they were doing a large business, their premiums were very moderate, and said he would charge 2l. 17s. 6d. for the risk if I would insure with him—he said he was only an agent—I asked him if it was a sound affair—he said certainly it was, and that their bankers were the London and Westminster Bank, and that there were substantial directors—he said sufficient to induce me to insure—I told him to look in again, and he came again two days after, and I agreed to insure with him—I gave him 2l. 17s. 6d., and he gave me a receipt—I received the policy in a very few days—he brought it one evening—this is it (produced)—the signatures to the policy are A. Lumsden, Vicomte De Cissy, and A. M. Walker, secretary—when he brought the policy I did not notice that his own name was written on it as the secretary, although the name on the prospectus is James Anderson—I did not observe that variance—I saw the prisoner several times after that—I insured the shop in the Edgware Road with him about a month after—he said then they were doing a very large business, and were very successful—I then paid him 6l.—I afterwards insured 252, Regent Street, and paid him the amount on the policy, 2l. 4s. 3d.—I also insured the shop in Shoreditch at Michaelmas, 1870—he then said they were doing very well—I paid 3l. 3s. for that—this is the policy—it was left with me at Regent Street—the name of the Company in that policy differs from the name on the first policy—he told me they were going to change
the name of the Company—I did not see any prospectus with reference to that one—I insured 210, Regent Street with him, about the same time—I paid 6l. for that—all the policies are in the same handwriting—the second policy is signed C. Masterman and A. Lumsden, and A. M. Walker, secretary—the policies, Nos. 3 and 4, are headed "British and Foreign Plate Glass Insurance Company, Limited," and signed A. M. Walker, manager and C. Lain, p.p.—I had occasion to call upon the Company to make good some breakages—I think the first was about May—the skylight was broken at the Edgware Road shop—my clerk communicated with the prisoner, and the breakage was made good—I have no idea what it cost—it was rough plate glass—ground glass—there was a second breakage shortly afterwards, also in the Edgware Road—that was a square of glass in the lobby—it was replaced—the next breakage was about June, in Regent Street—a small fanlight was broken—that was replaced—in putting in the fanlight his people broke another—that was a very large square—I should think it cost 12l. or 14l.—the other three breakages, which were replaced, would cost 8l. or 9l. I should think—the last breakage was never replaced by the Company—there was another breakage at 210, Regent Street, about November—it cost me 25l. 10s. to put it in—I endeavoured to get it put in by the Company before I put it in myself—I saw the prisoner with reference to both those large breakages—with regard to the first he said his people had done it, and it should be put in directly—I think that was the same day it was broken—I saw him again two or three days after that, and he said it should be attended to—I should think I saw him half-a-dozen times, and he always said it should be attended to—when the last breakage of 25l. 10s. happened, I saw him the same day—that was in November—I had some conversation with him, and he said it should be put in—I said I was very sorry that it was such a large breakage—he said he was not, it would be a good advertisement for the Company—he said it should be put in, and I arranged with him to have it put in at night, so as not to interfere with the business, and I agreed to pay his men for night work—no men came—I wrote and told the prisoner I should go the next day to the Police Court if there was not something done—I did not see him to speak to after that—the matter was then investigated at the Police Court.
Prisoner. Q. You carry on business at 210, Regent Street? A. Yes—that is one of my cards—Ellis is the name on it—that is me—this is a card for 252, Regent Street—the name on that is Madame Louise—that is the name of one of my daughters; but I am the responsible party—I bought that shop at Christmas—I was a bankrupt in 1861; but not in April, after I had taken that shop—Madame Louise was not bankrupt—I did not pay a composition—I don't know who was in the shop when you called, in February—Mr. Murray was not there when you first called—he was there when you called one time—he introduced you as the agent of the Company—he asked if I could do anything for you, you were a very decent fellow—I had a breakage in the Edgware Road, and you replaced that, and also another which you replaced, and one in Regent Street, which you replaced—I won't be sure whether you replaced one as late us 23rd September—I know that one square, in Regent Street, had been replaced twice; but I don't know whether you did it—you had so well satisfied me that, in September or October, I insured another shop in Shoreditch, for which I paid 3l. 3s.—I insured another shop on November 11th—you came to me about it, and I sent a sovereign down to you as a deposit—I told Mr. Wood,
of Edgware Road, that he must insure his plate glass, and I told him I insured with the Royal Scottish—I don't know how the large square at 210, Regent Street, became broken—you told me it had been done by the gas—I applied at the office to have it replaced, and you sent up about it, and measured it—I don't think you wrote a letter afterwards, to gay that it was caused by the gas—this (produced) is a letter I wrote to you. (Read: "From Mr. Thompson to the British and Foreign Plate Glass Company. December 1st, 1870. Gentlemen, I have called from Mr. Thompson, 210, Regent Street, to inform you that, unless the square of glass is replaced, he will have it done, and sue you for the amount. Your early attention will oblige")—I have not got a letter which you wrote on 3rd December—it is quite possible the letters may have been opened by my son—this is another letter written by me. (Read: "To the Secretary of the Plate Glass Company. December 2nd, 1870. If I don't get something satisfactory arranged, with respect to our breakage, in the course of to-morrow, Saturday, I shall apply to the Magistrate at the Marlborough Street Police Court, for his advice how to act, and for a warrant or summons, if so advised ")—The breakage at 252, Regent Street was caused by your people—there were three or four there—your people said so themselves—after the first summons a gentleman called and said you were very much alarmed at the proceedings that were taken, and wanted to know if it could be settled—I told him I wanted what it had cost me—I did not say I wanted 45l.—I referred him to my solicitor—the man asked me how much I had been out of pocket—I told him everything, and sent him round to my solicitor.
Re-examined. That was after I had been to Marlborough Street, and after I had been examined there—there was no suggestion about withdrawing the charge.
RICHARD SPYER . I am a clerk, in the office of the Registrar of Joint Stock Companies—there was no such company as the Royal Scottish Insurance Company, Life, Fire, Guarantee, and Plate Glass, in February, 1870—the British and Foreign Plate Glass Insurance Company, Limited, is registered at the office—it was registered on 19th March, 1870, and there was a notice that the office was at 165, Strand—there was no lift of share-holders given, or any documents—there is a list of seven names mentioned here as having one share each; they are all in the same handwriting.
Prisoner. Q. I suppose it would be the system of the bank to have the name of the bankers on the prospectus before the account was opened? A. Not until the account is opened—the British and Foreign Plate Glass Insurance Company have an account at the bank—it was opened on 12th April, with 50l.
NATHANIEL DRUSCOVITCH . I am Inspector of Detective Police at Scotland Yard—I know a person named Vicomte De Cissy—I know his handwriting very well—this signature is his—I last saw him on 5th April, 1870, at this Court, when he was convicted.
Prisoner. Q. For nothing in connection with the Company? A. No—your papers were all given up to me at the examination at the Police Court—they have all been returned, with the exception of a prospectus, a form of the policy, and the rules of the society there, the Royal Scottish.
SIDNEY EVEREST . I live at 178, High Street, Borough—I was employed by the prisoner, at 291, Strand, in March, 1869, and remained till September, 1869, as clerk—I left in consequence of illness, and saw him again about November, 1869—I asked him if I was to come back, and he said no; he was not going to keep one for several months—there was no other clerk there while I was there—I did not see anything of the Comte de Cissy there—a Mr. Barnard and Mr. Porter called several times when Walker has been there.
JAMES RANKIN . I am a member of the firm of Rankin & Co., printers, of Drury Lane—I know the defendant—I received an order to print prospectuses from him—this is one of them—they were printed about April, 1869—I can't remember how many were printed—I did not see anyone else in the matter but Walker—I went to the office of the company—I saw the last witness there—I went to collect the account for printing—I did not get the money.
Prisoner. Q. When I gave the order for the printing, who did I see? A. I think it was me—it may have been my father—we trusted you as the secretary of the Company—we sued Mr. Spall for part of the account—I can't say that you were sued afterwards in the Superior Court.
WALTER BREDON TAYLOR . I am clerk to Mr. Webster, solicitor, Basing-hall Street—we were employed by Mr. Rankin to recover money from Walker—I produce a judgment in the Exchequer against him, dated 12th August, 1869—I have been to the office of the Company several times—I have seen Mr. Walker and the clerk there—the judgment has not been satisfied.
Prisoner. Q. Mr. Webster sued Mr. Spall in the County Court? A. Yes; and you were sued in the Superior Court afterwards, and this is the judgment—the transaction of Mr. Spall's was a different transaction to that of Mr. Rankin's claim, I believe.
SIDNEY EVEREST (re-called). Mr. Walker occupied the front room second floor, and there was a little room at the back—there was furniture in the office—table and chairs, and desk—the prisoner has been there when persons have called—he has been in the office, behind the screen—he told me to tell them he was out—it occurred several times about a week before I left—he could hear what the persons came about—they generally came for money—Mr. Porter used to call for money for stationery, and Mr. Barnard for a brass plate that he had—I don't remember any other persons calling—I had 5s. a week—there was no one else employed besides myself.
Prisoner. Q. What kind of a screen was it? A. A glass screen—a partition with an office-table, and chair behind—it is an ordinary thing in in an office.
SIMEON JOSEPHS . I am a shop and office fitter, at Bloomsbury Street—I supplied furniture to two rooms on the second floor at 291, Strand, by Mr. Walker's directions, in June, 1809—he said that the moment it was done it should be paid for—he said it was ordered on behalf of the Royal Scottish Insurance Company—I went after the money I may say twenty times—I was put off until the committee meeting, and at last Mr. Walker gave me this bill for 22l. odd, the amount of the furniture supplied—the bill is dated 22nd July, and was due on November 5th, four months after date—I tried to get the money several times—the bill was dishonoured—I went to the office after that—I saw Mr. Walker, but I did not get my money—I went to 165, Strand, about two months ago, and part of the
furniture that was at the other office is now there—the bill was drawn by Walker.
Prisoner. Q. You have done business with me before? A. Yes, and have been paid—the account was 22l. odd—you proposed that I should take a bill; it was not my proposition—the bill was for the exact amount of the account—I was not to pay you any difference—you introduced me to a man who lent me 100l.—you were not to have 5 per cent, out of it—I got the loan by placing in his hands four times the amount.
MR. BESLEY Q. When was the previous transaction? A. About a year and a half before—it was for 15l. or 16l.—I fitted up a small shop for him—he was doing something with The Wandsworth Gazette.
WILLIAM BAKER . I live at 165, Strand—in February last I let the first floor to the prisoner as the manager of the British and Foreign Plate Glass Company, Limited—he came into occupation on 8th February—there were three rooms on the first floor—the furniture was brought there directly—he occupied it up to the time of this prosecution—he paid some of the rent on account, before he took possession—he paid me one quarter, and half a quarter—I did not see anyone that called, because I was in business below—I have distrained for the last quarter's rent—since he has been taken into custody persons have been there inquiring for Mr. Walker, and we informed them that the office was closed—there was no one at the office after the prisoner was taken into custody—there was a clerk there for a little time after he was taken—that was before his committal—he was a young man—I never saw any persons come there who appeared to be directors.
Prisoner. Q. When did you take possession? A. I think it was about a fortnight after the quarter—I think it was after you were committed—I had a circular to the effect that the Royal Scottish was transferred to the British and Foreign.
EDWARD WILLIAM FLAMBOROUGH . I am in the employ of Messrs. Field & Tuer, printers—we did some printing for Walker, between March and September—they were prospectuses of the British and Foreign Plate Glass Company, and headed note paper—the account was something like 30l.—the goods were delivered at 165, Strand—I have called there for the money myself, four, five, or six times—I think that was some time in August last year—I mostly saw a little boy there—a young man—I think I saw Mr. Walker once—I did not get the money—it has never been paid—this (produced) was printed by us. (This was a printed letter, giving notice of the transfer of the Royal Scottish to the British and Foreign Plate Glass Company, and signed by A. M. Walker, manager).
JOSEPH BLAKEBROW . I am in the employment of Mr. James Dudley Reeves, printer, of Printing-House Square—we printed prospectuses for the prisoner in December, 1869—we printed a prospectus for a Furnishing Trade's Insurance Company, and also a prospectus for the Royal Scottish—the goods were sent to 291, Strand—the account was 4l. 13s.—I applied for the money at 291, Strand—I went several times—I did not get the money—I appeared at the County Court—Walker did not appear, and I got a judgment against him—I did not get any money.
Prisoner. Q. Are you aware that I have made arrangements with Mr. Reeves since, to settle the account? A. I know you called and left a bill—that was after you were in custody.
merchant—I was employed by the prisoner to supply glass—on 27th July, 1869, I supplied a square of glass, amounting to 4s., in Hackney Road, and on 17th December, the same year, one square 15s., altogether 19s.—I applied for the money at 291, Strand—I saw Walker there—he said he would send the money down to-morrow—it was on a Friday, and he was going to send a Post-Office order the next day, on the Saturday—he did not send it—I have written since—I have never got the money.
Prisoner. Q. Was not one of the squares supplied to Mr. Shelton? A. Yes—there was not a bother that there was sufficient out of a large square to replace a small square.
HENRY JOHN DALLER . I am a clerk at the London and Westminster Bank—I kept the account of the British and Foreign Plate Glass Company, Limited—I have the entries here—the account was opened on 12th April, 1870—the last credit was on 4th June, 1870—the first drawing was on 16th April, and the last on 7th June—there is a small balance to the credit of the Company of 1l. 0s. 8d.—the whole account was about 190l.
THOMAS CHANEY . I am a private inquiry agent—I have been employed with reference to this prosecution—the prospectus was placed in my hands with reference to the Royal Scottish Insurance Company—I have endeavoured to find the persons mentioned in the prospectus as Directors—I could not find any—I have tried to trace the names as far as possible—I found out that the Count de Cissy was doing five years.
The COURT was of opinion that the false pretence as to the 6l. was not made out, and that the case of the 2l. 17s. 6d. was the only case to go to the Jury. Witnesses for the Defence.
GEORGE SHAKESPEARE . I am a glazier to the Royal Scottish Plate Glass Company—Mr. Thompson, of the Edgware Road, was insured in the office—he had a breakage there—I replaced it on 23rd April—it was rough plate, value 3l. 5s. 6d.—he had another breakage in Regent Street, 1l. 13s.; another one in the Edgware Road, on 22nd July, 8l. 4s.; another at Regent Street, on 23rd September, 1l. 17s., silvered glass—on 23rd September, Mr. Thompson stated that another one was broken—it was broken by his carpenter taking down some plaster—we did not employ any carpenter—on 11th November Mr. Thompson insured the shop at 210, Regent Street—he had a breakage on the 13th—I went up and measured it—you met me there on the following Monday, and I found that the glass had been broken by the gas—Mr. Thompson knew that I was the glazier to the Company, and he sent a sovereign down by me to insure his plate glass, and I gave it to the prisoner—during the time I was glazier for the Company I replaced a number of breakages, both for the Royal Scottish and the British and Foreign—this is a prospectus of the British and Foreign—I have put in glass at most of the places named in it—all the breakages I had notice of I replaced—I know that the Royal Scottish was dissolved, and transferred to the British and Foreign, and the policies were transferred also.
Cross-examined. I live at 37, Cole Street, Borough—I was employed on one occasion by the Thames Plate Glass Company, that was how I came to know Mr. Walker—I did piece work for the Thames Plate Glass Company—they supplied the glass themselves—I put it in, and charged so much a foot—I employ men under me—before I took this business I was warehouseman to the Thames Plate Glass Company, at weekly wages—I was there twenty years—I became acquainted with the prisoner about a year and a half ago—I saw him at 291, Strand, and then he asked me to
put in the glass for him—I supplied the sheet glass—that is the cheap sort of glass—the plate glass came from the Thames Plate Glass Company—I don't know whether there is anyone here from that Company—I had nothing to do with the money—I don't know whether they have been paid—I have been paid for my labour—I was paid in money—I think I have had two cheques, but chiefly in money—I never saw Thomas Howard, or Charles Masterman, or Andrew Lumsden, at the office of the Royal Scottish—I saw Mr. Roxhall once—I did not see the Count de Cissy—the prisoner told me that one Company was amalgamated with the other—I know nothing else but what he told me—I attended at 165, Strand, and plate glass was supplied by the Thames and put in by me—I can't say how much I was paid between the 12th April and 26th May, 1870—I don't know—I did not employ all my time in it—I think I have had a cheque since May—I don't know when it was I had the last—I went to 165, Strand—I saw a gentleman there once, and I was told he was Sir Henry Roxhall—he was in the office—I did not see any of the other persons—I saw the prisoner there, and worked for him up to the time he was taken into custody—this prospectus that I have been shown does not include the names of all the persons who have had glass replaced—I put in one for Mr. Toby, in the Borough—that was about February last—that was before the British and Foreign came into existence—there is 14l. or 15l. owing to me now for labour and glass—sometimes my account would run to 10l. at one time, and sometimes 15l.—I should say I have been paid 40l. or 50l. since I have had to do with them—that is about a year and a half—I took a few policies in, and got a commission from the prisoner.
Prisoner. The account has become due to you since I have been in prison? Witness. Yes—it was for the three months before you were committed—this is the account—the item of 1l. 2d. 4d. has been put in since you have been in prison—I put in all the breakages for the Poyal Scottish—I never knew of any complaint against the Company.
COURT. Q. Did you repair 252, Regent Street. A. Yea—I also did Mr. Thompson's shop in the Edgware Road; the "Gladstone Arms;" Mr. Temple, of Fulham Road, corn dealer; and Mr. Josephs, of London Wall; and there was a large breakage at a tailor's in Fenchurch Street—I did all those—they are mentioned at the back of the prospectus.
JOHN SMITH . I was collector for the Thames Plate Glass Company—during the time of the Royal Scottish they used to supply the glass—we were always paid by monthly accounts up to the time of the transfer—I never heard any complaint against the Royal Scottish—whatever glass you might require would have been supplied.
Cross-examined. I left the service of the Thames Plate Glass Company in May, 1870—I believe I received one cheque from the defendant—it was paid—we did 8l. or 9l. a month with him—I have received other cheques from him, but not drawn by him.
JAMES DAY . I was agent for the Royal Scottish during the whole time it existed—I introduced some 200 policies—any breakage that occurred was properly put in by the Company. I never heard of any complaint—they were always promptly put in.
Cross-examined. I entered the service in 1869, and remained up to the time this case occurred—I was collector all that time—I have seen gentlemen at the office at 291, Strand, but I was not acquainted with them—I have not seen the Vicomte de Cissy there—I received all my
directions from Walker—I gave him all my orders and he paid me my commission—I have seen gentlemen there in conversation together when I have called, but not in the same room I took the papers in—there were two rooms.
FREDERICK SHELTON . I was insured in the Royal Scottish—I had two breakages and sent notice to the office—Mr. Barnett, of the Hackney Road, came to replace it—one square was a large one and the other was a small one—there would have been sufficient out of the large one to have replaced the small one—he charged me with both of them and I objected to the account.
Cross-examined. I can't say exactly what date it was the glass was put in—I had two breakages, one in March and one in December—on the last occasion there were two broken, one in the fan-light and one in the front of the shop, and Mr. Barnett replaced those.
ALFRED PENNETT . I am employed by Mr. Day, printer, of Savoy Street, Strand—in October 1869 we printed a prospectus for the Royal Scottish—the prisoner's name appeared as the secretary—to the best of my knowledge this is the circular—we have been paid—I believe there were 100 printed—I don't know what the account was exactly—the payment was made in November, 1869—we did not print those books.
The Prisoner's Defence. I can only say that the Royal Scottish was started in May, 1869, for the purpose of doing life insurance business, but it was not prosperous at that time, so we added fresh rules to do the plate glass business. We did business for the first ten months, and Mr. Thompson had four breakages, amounting to 14l. 19s. 6d.; they were replaced after he had paid a premium of 4l.; so that he reaped the benefit of 10l. at least. I am not responsible for the doings of the directors. It is as likely I should be imposed upon as the tradesmen from whom we obtained the money. The shareholders have paid 250l. more than the income of the Company—I acted with no guilty intention.
GUILTY — Six Months' Imprisonment.
MR. F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS, MR. COCKBRELL, and MR. ST. AUBYN the Defence.
The Court considered the evidence not sufficient to go to the Jury.
NOT GUILTY .
WILLIAM LOVEDAY . I am steward of the Floral Star, now lying in the West India Dock—on the 17th February I met the prisoner at a beer-shop a little after 12 in the day, and went home with her to 49, Christian Street, and went to bed with my trowsers on—I had three sovereigns and five half sovereigns and some silver in my left trowsers pocket, and a knife in my other pocket—I remained there till a little after 5 o'clock—I missed my money and knife when I got up—I charged her with it—she denied it and I went out and got a policeman, who took her to the station—I told her if she would give me 6l. I would give her 1l. out of it and let her go—she
offered to give me the money, but the inspector would not let her—she delivered up a little over 2l.—this is my knife (produced).
Cross-examined. I had been drinking a little—I knew what I was about—I did not intend to stay there long—I did stay about two hours and a half.
JOHN WATMORE (Policeman H 198). The prisoner was given into my custody by the prosecutor, who charged her with robbing him of 7l., or a little over—she made no observation at the time—I took her to the station, where the charge was made—she said she would get him all the money, if he would only let her go—she afterwards took 2l. 2s. 11d. out of her pocket, and offered it to him, and it was taken from him.
Cross-examined. I found her in the street, close to where she lives.
GUILTY .— Six Months' Imprisonment.
The following prisoners PLEADED GUILTY:—
194. WILLIAM EARWAKER (29), and JOHN EARWAKER (30), to stealing 14 lbs. of tea, of William West, the master of William Earwaker— Eighteen Months' Imprisonment each. [Pleaded guilty: See original trial image.]
196. HENRY KANE (41) , to feloniously breaking and entering the warehouse of George Beck, and stealing his goods and moneys*— Seven Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
197. JOHN HORTON (31) , to stealing a watch, and other goods, the property of Edwin James Bishop, his master. The prisoner received a good character— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, February 28th, 1871.
Before Mr. Common Serjeant.
199. DAVID PETERKIN (38) , to feloniously forging and uttering an order for the payment of 2l. 18s. with intent to defraud. Recommended to mercy by the Prosecutor— Two Months' Imprisonment. And [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and COLERIDGH conducted the Prosecution.
THOMAS SEX CROUCH . I keep a beer-shop at 10, Cloudesley Road, Islington—early in February I served the prisoner with a half-pint of beer, about 8 p.m.—he gave me a bad shilling—almost immediately he got to the door I saw it was bad, and put it on a shelf, behind me—on Saturday, February 4th, near 11 o'clock at night, the prisoner came again—I recognized him immediately; he asked for a glass of ale, and tendered a bad shilling; I said "What, again, another bad shilling? I shall lock you up"—he said "You can if you like," or something to that effect—he also said "I was never here before"—I said "You were here last night"—he said "I was not," and I was not certain—I gave him in charge, with the
two shillings—before the constable came the prisoner pulled out three good shillings, and paid me with a good one.
Prisoner. You struck me on the side of my head, and knocked me down. Witness. I certainly struck you; but it only knocked your hat off.
GEORGE CHARTER (Policeman N 331). I took the prisoner, and received these two shillings (produced)—I asked him if he passed that bad shilling; he said "Yes;" but he did not pass the shilling two or three nights before—I found on him two shillings, a sixpence, and 4 1/2 d.
Prisoner's Defence. I am innocent. I maintain a widowed sister and child, by selling things in the street.
GUILTY . He was further charged with having been before convicted.
PATRICK RINGROVE (Policeman K 400). I produce a certificate. (Read: "Central Criminal Court; John Carr, convicted June, 1870, of unlawfully uttering counterfeit coin, nine months' imprisonment.") I was present—the prisoner is the person; I had him in charge, and have no doubt of him.
GUILTY.— Five Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
WILLIAM BOX . My father is a grocer, at Stanwell—on 2nd February I served Smith with half an ounce of tobacco, which came to 1 1/2 d.; he gave me a half-crown—my father came in, tried it, found it was bad, and said he would send for a policeman—Smith ran away, leaving his tobacco and the half-crown.
CHARLES BOX . I am the father of the last witness—I found Smith in the shop and my son had a half-crown in his hand which I found was bad—he said that he did not know it—I sent for a policeman, and he ran out—I saw a constable who was in Lintolt's shop run after him.
Smith. Q. Did not you say that your neighbour, the butcher, had taken three or four bad half-crowns the same week? A. Yes.
JAMES GRIFFIN (Policeman T 176). On 2nd February, I was in Mrs. Lintolt's, a butcher's shop, in Uxbridge Road—I saw Smith run by—I ran after him three-quarters of a mile; got into Ginger's cart and overtook Smith on Bedfont Road—I walked him back and met Charles Box, who gave me this half-crown (produced)—I told Smith the charge; he said he believed he took the half-crown at Staines or Egham—Ginger afterwards pointed out Moss as Smith's mate—I then took Moss, and took him back to the shop—I found on Smith a new cotton pocket handkerchief, a knife, two rings and one penny; and on Moss a quantity of different kinds of tobacco; a box, three florins, seventeen shillings, three sixpences, and fourpence, half-pennies, all good—on 6th February, I received these four half-crowns of 1825; two of 1844, and two 1836, all bad; and these two bad shillings of 1856 from James Poole.
WILLIAM GINGER . I am a farmer, of Stanwell—on 2nd February, I was driving into Stanwell about 12 o'clock, and stopped the two prisoners about a quarter of a mile from Mr. Box's shop, walking very fast towards Mr. Box's shop—I was going in the same direction and passed them—I saw Smith run by, and Griffin asked me to let him get up into my cart to overtake him—I did so and drove on—Griffin then got down and took Smith—I followed behind and met Moss—I said "That man was with him when I passed them, and I believe him to be his mate"—Griffin took him.
JAMES POOLE . I am a bricklayer, of Stanwell—on 2nd February, about 1.30, I looked out at my window and saw Moss come up the road from the village—he drew his hand from his pocket and dropped something into a ditch where there was eight or nine inches of dirty water—I afterwards went there but found nothing—on Sunday morning, 5th February, my little boy gave me a little bag of bad money, which I gave to the policeman on Monday—my boy pointed out to me where he had found it; it was the same spot where I saw Moss drop something, there was scarcely any water there then—when Moss threw it away he was in sight of the policeman coming back with Smith.
JOHN HENRY POOLE . I am a son of the last witness—on Sunday, 5th February, I saw this bag (produced) lying in a ditch, near my father's house—I picked it up and gave it to him—there was water in the ditch, but not enough to cover it—my father went with me to the spot.
Smith's Defence. I changed a half-sovereign at Aldershot, and a crown at Wraysbury.
Moss's Defence. I never had a counterfeit coin in my possession. Smith spoke to me and went a little way with me. He went into a shop and ran out; some women and children ran after him. I never pulled my hands out of my pockets. I was on the contrary side to the ditch. I got the tobacco from some gentleman where I swept the ice at Wimbledon.
SMITH— GUILTY — Nine Months' Imprisonment .
MOSS— NOT GUILTY .
MR. CRAUFURD and MR. COLERIDGE conducted the Prosecution.
WILLIAM THOMPSON . I am barman at the "Civet Cat," Kensington—on 9th February, after 6 p.m., I served the prisoner with a glass of ale; he gave me a shilling, I bit it, broke it, and laid the pieces on the counter—I afterwards gave one of the pieces to the constable—the prisoner paid me and left.
Prisoner. Q. What can you swear to me by? A. By your countenance.
EDMUND KIME . I am foreman to Mr. Stimpson, of Church Street, Kensington—on 17th December I served the prisoner with a half-pound of steak—he gave me a half-crown, which I gave to Mr. Stimpson—after he left, Mrs. Stimpson spoke to me and put the half-crown away—on 13th February the prisoner came again; Mr. Stimpson sent for me and asked if I recognized him, I said "Yes, he passed a half-crown here a few weeks ago," the prisoner said, "No, you make a mistake, it was not me"—a, policeman was sent for.
Prisoner. I was never in the shop before.
for a half-pound of meat, I put it away, thinking he would come again, I afterwards gave it to my husband, who gave it to the constable—on 13th February the prisoner came in for a half-pound of steak, which came to 5d., he gave me a half-crown and I gave him 2s. 1d. change—I then examined the half-crown and told him it was bad, he said that he was not aware of it, and returned the steak and the change—my husband sent for a constable.
GEORGE STIMPSON . On 17th December, in consequence of something I heard from my wife, I went out to look for a man but could not find him—on 13th February my wife gave me a bad half-crown, and I gave the prisoner in charge with the two bad half-crowns—my foreman said, in the prisoner's presence, that he had passed a bad half-crown five or six weeks before.
WILLIAM SEAWARD (Policeman T 204). I took the prisoner and received these two bad half-crowns from Mr. Stimpson, and part of a bad shilling from Thompson—I found on the prisoner 3d. and a duplicate—he denied passing the coin on 17th December.
Prisoner's Defence. I sold a set of shoe brushes for 5s. 6d., and the gentleman gave me a bad half-crown. I paid it to Mrs. Stimpson, who gave me in charge. I know nothing of the other two.
GUILTY — Nine Months' Imprisonment.
MR. COLERIDGE conducted the Prosecution.
WILLIAM CLIFFORD . I am a market gardener, at Barnes—on 10th February, the prisoner came to my stall in Farringdon Market and purchased a dozen cabbages for 3s. 6d.—he gave me two bad half-crowns; I bent one and told him they were both bad—I gave them back to him and he ran away; I caught him and gave him in custody—I heard several people say "He has got one in his mouth"—he was black in the face, and it has never been found—the other was in his hand.
WILLIAM CHIDSEY . I am beadle of Farringdon Market—on 10th February, I took the prisoner in custody, he was all but black in the face, and appeared to be choking—he was a minute and a half or two minutes before he could speak—I asked him to open his mouth, but he never answered me; I asked him a second time and put my hand to feel if there was anything at the side—when he opened his mouth there was no coin there—I took one from his hand, and Clifford said "That is not the one I bent"—the prisoner made no answer to that—I searched him at the station but only found a halfpenny.
Prisoners' Defence. A man asked me to purchase the greens, and gave me the two half-crowns. I was going back to him when I was given in charge. The second half-crown was never given back to me.
GUILTY .— Six Months' Imprisonment.
OLD COURT.—Tuesday, February 28th, 1871.
Before Mr. Recorder.
MESSRS. METCALFE and SLADE conducted the Prosecution; and
MR. F. H. LEWIS the Defence.
SARAH TROTT . I live at 26, Surrey Road, Blackfriars—last summer, Mr. and Mrs. Burns lodged at my house—at that time Mr. Burns went into Yorkshire, and Mrs. Burns went after him in the autumn—she left twenty seven pawn-tickets with me for articles pledged in our neighbourhood—amongst them was a ticket for a watch and chain, pledged at Mr. Davison's, in the Waterloo Road—I paid the interest for it on 26th November, and got a new ticket—I sent the twenty seven tickets to Mrs. Burns on 22nd December—I wrapped them up in a piece of brown paper, sealed them and tied them round with a small string, half a sheet of paper with writing on it, and three penny postage stamps—I posted it myself at 100, Blackfriars Road, on 22nd, from 5.15 to 5.20 at the latest—in consequence of something that occurred, I made a communication to the Post Office authorities—the letter was addressed to "Mr. Thomas Burns, contractors" office, 114, Hut Terries Tunnel, Ballywife Hole, Ingleton, Yorkshire"—this (produced) is a portion of the paper I sent them in, and this is the letter I wrote, it is dated 22nd December—I had written to Mrs. Burns before, addressed in the same way, and had answers.
Cross-examined. I put the letter into the country letter box.
GEORGE EDWIN VINCENT . I am an overseer of letter carriers at the South Eastern District Office—a letter posted at Blackfriars Road would arrive at the General Post Office and be forwarded in the ordinary course—I see the stamp "Too late" on this brown paper, that would indicate that it arrived too late for the evening mail—if posted after 5.30 it would be too late, and would then go into the "next collection, and be forwarded next morning.
GEORGE CHATHAM . I am an overseer sorter at the General Post Office—a letter addressed to Ingleton, Yorkshire, would come to our office, and if marked "Too late" would be forwarded at 7 o'clock next morning—the prisoner was employed under me—he came on duty at 4.45 on the evening of 22nd December, and at 4.45 on the morning of the 23rd, and would leave at 8.30—letters addressed to Ingleton, Yorkshire, should go to Lancaster—letters so addressed are frequently mis-sorted—it is a small place, not generally known—if the letter packet was so mis-sorted to the Midland division it would pass through the prisoner's hands, to be re-sorted—if properly sorted it should go to the North Western division, then it would not come to the prisoner—the whole of Yorkshire, with the exception of some few towns is "Midland," but Ingleton is under "Lancaster."
Cross-examined. The prisoner was a sub-sorter in the Midland division—it would be the duty of the midnight sorters to sort letters for the Midland or Lancaster districts; there are a number of them, but this could only fall into the hands of one man out of three—if properly sorted it would not come to the prisoner's district at all, but would go to the North Western division; I don't see any are here from that division—if it was re-sorted again into its right division it would come into other person's hands.
He-examined. The mis-sorted letters go to the general sorting, to be re-sorted to the right division—they are placed on a tray which is pulled up and down with a rope, with a man at each end—the prisoner remained in the service of the Post Office until he was taken into custody during that time he would have access to the Lancaster bag, if so disposed.
JONATHAN SMITH . I am cashier at the contractors' office at Ingleton—Mr. Burns was at work there under me—his wife made inquiries of me respecting some pawn tickets—I gave her this parcel—I think it might be about Tuesday, 24th January—I made no note of the date, but my impression is that was the date—the parcel had arrived the previous day.
JANS BURNS . I am the wife of Thomas Burns—he is employed on the railway works near Ingleton, near Lancaster—after he had gone down there I remained some little time with Mrs. Trott, and in August I followed him—I left twenty-seven pawn tickets with her—in the parcel which was afterwards given me by Mr. Smith, there are four of those tickets and six others and Mrs. Trott's letter—there were no postage stamps—I had been expecting Mrs. Trott's letter from a little before Christmas—I don't know exactly the day I received it—it was either on Tuesday or Wednesday at the latter end of January, I believe on Wednesday—I have never seen the other tickets since—some of the things were pledged at Mr. Hastings', in Union Street, Borough, some at Mr. Folkard's in Blackfriars Road, and some at Mr. Davison's in Waterloo Read—among others there is a ticket for a watch and chain pawned on 25th November, I think.
Cross-examined. The amounts advanced were very small, except on the watch and rings; there was 26s. on the watch, and on the two rings, 6s. each.
GEORGE PARKER . I am manager to Mr. Davison, pawnbroker, of Waterloo Road—I produce a ticket for a watch and chain pawned by Mrs. Burns on 26th November—I also produce a renewal ticket, dated 24th December—I gave that to the prisoner—he presented this ticket and said he wanted to redeem the watch—I showed him the watch—he paid a month's interest—I asked if he would take it out—he said no, he did not care about it—I gave him the new ticket and he went away—I had seen him once before, I think on the 23rd, the day before; he came in between 8.30 and 9 o'clock in the morning, and took out a petticoat and shift, with one of these tickets—afterwards, about 24th January, I went with the detective to the district office in Blackman Street, Borough, and was shown the letter sorters there, but could not identify any one—I then went to the General Post Office and saw about 200 men, and about the last twelve that went in I pointed out the prisoner—I took him over to the dead letter office, and told him I had come to identify him as taking some things out of our house—he denied it and said he had never been in our shop at all, and I should do him a great deal of harm—I produce a ticket for a petticoat pawned for 2s. 6d., one for a petticoat and shift for 3s., and one for a gold watch and chain for 1l. 6s.
Cross-examined. When a ticket is produced we require the interest to be paid before we show the article—I did so with the watch—7 1/4 d. was the interest paid—the watch was worth the money it was in for, we had advanced nearly up to its value.
CHARLES POTTER I am manager to Mr. Hastings, a pawnbroker, of 190, Union Street, Borough—I produce seven pawn tickets—five of them were brought to me on 2nd January—they are for articles pledged at our shop, one is for a set of fire-irons, for 2s., on 25th March, in the name of Ann Bums, one for a petticoat, for 18d., one for a flannel shirt, for 2s., and two others for flannel shirts, for 2s. 6d., and 2s., in the name of Ann Chambers—these tickets were presented on 2nd January, and the articles taken out—I believe the prisoner to be the person who took them out—on 27th December the
tickets were renewed, and the interest paid—I find here two of those renewal tickets—they are in the name of John Chambers—I believe the prisoner to be the person.
HENRY NOTLEY . I am manager to Mr. Folkard, pawnbroker, Blackfriars Road—I produce a pawn-ticket for a shawl, pledged for 7s., on 7th February, 1870—it was taken out on 31st December last—I produce another ticket for a waistcoat, pledged for a half-crown—that was renewed on 30th December, and a new ticket given, which I find here—I can't say who I gave that ticket to; it was a man—I could not say whether it was the same person who produced the other ticket.
HENRY RUMBOLD . I am a police-officer, attached to the General Post Office—on the afternoon of 25th January, I saw the prisoner come in with the witness Parker—in consequence of what Parker said to me, I stopped the prisoner—a great number of persons were coning in at the time—I told the prisoner I wanted to speak to him—I took him to 41, Noble Street, the Missing Letter Office, and said "This young man (meaning Parker) identifies you as having redeemed some articles about Christmas, at Mr. Davison's, pawnbroker, in Waterloo Road, and looked at a watch, but did not take it out, which tickets have been lost in passing through the Post Office"—the prisoner said to Parker "You have made a mistake; I know nothing about any duplicates; you will do me a great harm if you say so, as I was never in the shop"—I told the prisoner he would be charged with stealing the packet containing them—he replied "I know nothing about the packet, or any of the duplicates"—and he again said 'to Parker "You will do me a great harm if you say I am the man, as I was never in the shop"—he said he lodged at 26, New Charles Street, City Road—I went there, and his wife gave me this shawl, and this set of fire-irons—I afterwards told the prisoner that I had obtained from his house a shawl and set of fire-irons, which he had taken out of pledge, about Christmas—he replied "Yes; I bought the tickets"—I said "But you showed your wife more than two pawn-tickets, telling her you had found them"—he replied "Yes, I bought five or six one morning, of a man in Cheapside, about 9 o'clock, or rather before; I gave 3s. for them"—I asked him who the man was—he said "I don't know his name, or his address; I never saw him before or since; he looked like a working man; I believe it was about a week before Christmas when I bought them, but I don't know the day of the week"—on the 27th I received from his wife a flannel petticoat and chemise, which I produce.
Cross-examined. The prisoner has been in the service of the Post Office fifteen or sixteen years—I don't know his pay—I told him the duplicates had been lost in passing through the Post Office, before he made any reply to me—I am quite sure I made use of the word "watch" to him.
JANI BURNS (re-examined). The three tickets produced by Parker are. those that I left with Mrs. Trott; also the seven produced by Potter, and the two by Notley—some of the things were pledged in the name of Burns, and some in the name of Chambers—this shawl is the one I pledged at Folkard's, and the fire-irons at Davison's.
The Prisoner's Statement before the Magistrate: "I know nothing about the packet. On the Friday morning, as I was leaving the office, I called in Cheapside. A labouring man there showed me some tickets, and asked me to purchase them. At first I refused to do so, but he followed me some distance, and then I bought several of them. He showed me more tickets, but those I refused to have anything to do with. The watch referred to I
looked at, but refused to have anything to do with it, and I gave the ticket of it back to the same man, after having looked at the watch, and would have nothing to do with it afterwards. I never have anything to do with sorting packets in the office; it is generally letters.
NOT GUILTY .
MR. BOTTOMLEY conducted the Prosecution; and MR. St. AUBYN the Defence.
ERNEST SPON . I am a publisher's assistant, at 48, Charing Cross—on the morning of 9th February, in consequence of something I heard, I went to the Post Office, at Charing Cross, and made a communication to Mr. Hughes, one of the cashiers there—later in the day a message came to me from the Post Office, and I went there, and saw the prisoner, with this post-office order for 3l., in his hand—he said he had obtained it from a gentleman, who asked him to go in and cash it, saying he would give him a shilling for the service, and told him to say it came from Campbell, of Glasgow—we have a customer of that name, and we are in the habit of receiving orders from him, on an average, twice a week—the signature to the order is not mine, or any of our firm, or by our authority.
RICHARD COOK HUGHES . I am a cashier, at the Money Order Office, Charing Cross—on the morning of 9th February, the last witness came there, and made a communication to me—about 3 o'clock that afternoon the prisoner came to the office, and presented this order, and asked for 3l., saying it was sent by Campbell, of Glasgow—I detained him, and walked him into the private room—I asked him where he obtained the order from—he said it was given to him by a man outside the office, who asked him to get 3l. cash for it, and he should be rewarded with 1s. for his trouble—I sent a messenger over to Mr. Spon—I asked the prisoner if he could describe the gentleman outside the office—he said yes, he could; and he described him as being tall, with a dark beard, black hat, and brown overcoat—I sent for a constable—I produce the advice of the order, it is payable to the firm of E. and F. N. Spon—the date of issue is 8th February.
Cross-examined. I always ask the parties who the order comes from—I asked the prisoner to walk into the private room, and he did so—I did not give him the opportunity of escaping—I did not give him an opportunity of going out to find the gentleman—I left him in charge of the constable.
SAMUEL GEORGE KEMP (Policeman E 245). I took the prisoner into custody—he said that the order was given him by a tall man, with long whiskers and brown overcoat, outside the office—I asked if he could identify the man—he said he could—I asked where he was—he said in Langley Street; that would be some quarter of a mile away—he first said outside the Post Office; secondly, in Langley Street; and thirdly, in Agar Street—that would be 400 yards away from each other—I did not see any such man—I went to see.
Cross-examined. I did not allow the prisoner to see if he could find the man, because he made three different statements of where the man was—I did not think it likely that he could be in all three places.
NOT GUILTY .
There was another indictment against the prisoner for stealing the said order, upon which no evidence was offered.
MR. BOTTOMLEY conducted the Prosecution.
JAMES GEORGE TYSON . I live at James Street, Kensington—I am a general dealer and costermonger—on Sunday, 29th January, about 12 o'clock, I was at Mr. Pierpoint's public-house, in Elm Street, with the prisoner—there were fire or six other persons in the tap-room—we were larking together, wrestling—it was in fun—I hit the prisoner twice on the head with a shovel—he had his hat on—I don't know whether I knocked it in or not—after that he stabbed me in the side with a knife—we had not had any quarrel—I did not see the knife in his hand—I saw Mr. Pierpoint take it away from him—I bled, and was taken to the hospital, and was there sixteen days.
JOHN PIERPOINT . I keep the "Princess Victoria," public-house, Earl's Court, Kensington—on Saturday night, 28th January, about 11.15, I was called into the tap-room and saw the prisoner with a knife in his hand—I asked him to give it to me, which he did—I kept it in my possession till Monday morning, and then gave it to the police—this is it (produced).
ALFRED HUGHES (Policeman T 370). On Saturday night, 28th January, about 11.30, I saw Tyson standing at the door of the public-house bleeding from just beneath the ribs—he complained of haying been stabbed, and charged the prisoner with stabbing him—I asked the prisoner if he had done it; he said he had stabbed many a man with a bayonet and he had stabbed as good a man with a knife, and he said "I intended to do it"—he was quite sober.
Prisoner. I never made use of any such words, if I had, the prosecutor would have heard me; where was he? Witness. He stood on the left hand side of the door—there were a great many standing round, I don't know whether they heard what you said.
WILLIAM CLARIDGE . I am house surgeon, at St. George's Hospital—the prosecutor was brought there on 29th January, at 12.50—he was suffering from a small incised wound in the belly, about four inches from the navel, on the left side; that is a very dangerous place—it was such a wound as would be inflicted with the small blade of a knife—I did not probe it—he is quite well now, only suffering from a little stiffness—it was a very fortunate escape; it was impossible to tell at the time whether he was fatally injured or not.
Witness for the Defence.
STEPHEN DAVIS . I live at 2, William's Court, Earl Street, and am potman to Mr. Pierpoint—I was in the tap-room—the first thing I saw was Tyson with a shovel in his hand with which he struck Clarke twice on the head, as he was sitting on a seat—I had to leave the room—I heard a bit of a squabble and went in again—I heard Clarke say "If you repeat the same as you repeated to me this evening, I will put something into your inside" and three or four minutes afterwards, I saw a knife in his hand—I went to the door and called Mr. Pierpoint, and he came and took the knife from him—I did not see the wound inflicted.
Prisoner's Defence. I had the knife in my hand to cut a piece of tobacco and was cutting my finger-nails, when the prosecutor struck me with the shovel. I did not mean to do any hurt with it; I don't know how it was done. The prosecutor had had a row with another man that same night; Mr. Davis's son; and broke his collar bone. I had the knife in my possession three quarters of an hour before it happened.
GUILTY of unlawfully wounding .— Nine Months' Imprisonment.
Second Count.—Feloniously receiving the same.
MR. BOTTOMLEY conducted the Prosecution.
(The male prisoner being a foreigner, the evidence was interpreted to him.)
CHARLES BINNING . I am assistant to Mr. Jones, a gold and silver refiner, of 19, Long Acre—on the afternoon of 23rd January, the male prisoner came in with another man, who acted as interpreter for him; he took a parcel from the prisoner's hand—this (produced) is it; it was tied up in a handkerchief—I opened it and asked him some questions—the other man spoke to the prisoner in French, but I did not understand the prisoner's answer—I noticed a crest on the forks, and referred to a police list, which we had, of stolen property—from what I saw there, I took the prisoner to the station, and the other man with him—I left the other one outside; he would not come in—he said there was no necessity for him to come—when I came out again he was gone.
JANE FARLEY . I am housemaid to Samuel Brown, of the Elms, Larkhall Rise, Clapham—I have the care of the plate—the property produced is my master's—it is all silver, except the candlestick, which is plated—some of them have my master's crest on, and some his name—they were lost on 20th January—I last saw them on the 19th, at 11 o'clock at night, when I went to bed—they were in the pantry—I left the pantry and the house fast—I came down at 7.45 next morning and found that the house had been entered through the larder window—the iron grating outside had been forced, and the window opened—besides the plate, I missed two table cloths, three table napkins, four glass cloths, two dresses, two aprons, and a shawl—I had seen them safe the night before—the plate is valued at 30l.—the shawl was mine—I found this piece of wood lying on the matting in the passage, it came from the larder door—this dress (produced) belongs to the cook—I identify it and all the other articles.
WILLIAM BOYELL (Detective Officer E.) On 23rd January I saw the prisoner, with the refiner, at Bow Street—I asked him, in French, how he became possessed of these articles, alluding to the silver—he said they had been given to him by another man, to go and pledge or sell at a shop in Long Acre—he said it was a man he had met at Boulogne some short time ago, and he had accidentally met him in a public-house kept by a Mr. Smith—I then asked him what he was—he said a jeweller and goldsmith—he said he had only been three days in this country—I asked him where he slept the first day—he said he could not tell, but he believed it was at a public-house of the name of Smith—I asked him where he slept the second night—he said at the same place—I went to a place he told me of, in the Tottenham Court Road—he could not tell me the name of the street, but I went to all the public-houses in the neighbourhood, and got a good description of him—I told him I should charge him with the unlawful possession of this plate—I found on him a watch, some money, a number of letters, and a wooden pipe—I afterwards went with Sergeant Kerley to a house in Stephen Street, Tottenham Court Road, and saw him find some things—I then went to 68, Whitfield Street, where the two female prisoners were lodging—I found them there, and in the room found this dark lantern, containing oil, a phial containing prussic acid, these three napkins, four glass cloths, and forty-two duplicates, one referring to the shawl that has
been identified, the others relate to coats, shawls, &c., but some of the pawnbrokers refused to show us the articles.
FREDERICK KERLEY (Detective Officer E). I saw a letter found on the prisoner; it is not here, it was sent to Boulogne to make inquires, in conesquence of something in that letter on 23rd January, I went to 10, Stephen Street, Tottenham Court Road; in the second floor back room I found Hughes—Allen came in while I was there—I searched the room, and in a table-drawer found this chisel, a portion of a centre-bit, and a pipe case—the pipe found on St. Voirin, exactly fits the case—about 1 o'clock on the morning of the 25th, I went to 68, Whitfield Street, and saw both the female prisoners there, in bed—I told them I was a detective officer, and I addressed Allen, and said "You know me; you saw me last night, both of you, at 10, Stephen Street"—they said "Yes, all right"—I said "I have got Eugene in custody; I believe he has been living with you" (Allen), and she said "Yes he has"—I said "I have every reason to believe you have stolen property here, and I shall search your place"—I did to, and found this dress which has been identified as the cook's, also the other portion of the centre-bit, which fits the portion I had found in Stephen Street—Hughes said "That belongs to the other portion you found in my place last night"—I have examined this piece of wood with the centre-bit, and it exactly corresponds with the marks—this candlestick was standing on the table, with a candle in it—I said to Allen "Who does this belong to?"—she said "It was left here by somebody, I don't know who"—this dress was lying on the bed—Hughes was looking for her dress, and I said "I suppose this is the one"—she said "No, I shan't put this on, I shall put on a warmer one."
St. Voirin. The part of the centre bit was not there when I left home.
Hughes. The centre-bit does not belong to this man, neither did he ever see it till he came to Bow Street.
HENRY MERRY . I am a policeman at the Wandsworth Road Railway Station—I was on duty there on the morning of the 20th—I was giving out tickets for the workmen's early trains, at 4.8, 5.8 and 6.8—at 5.8 I gave out a first-class ticket to Ludgate, to a man very like the male prisoner—I believe he is the man; I took particular notice of him—I told him to stand back till I had issued the tickets to the workmen, as if they missed the train they would lose their day's work.
'St. Voirin. Q. Did you not say at the Police Court, that the person wore whiskers or beard? A. A little whiskers, to the best of my opinion, very little—I did not notice anything in his hands—I looked at his features—it is an unusual thing to have a first-class passenger by that train—Larkhall Rise is about 500 yards from the station—he asked for the ticket in English—"First-class to Ludgate, single," and when I told him to stand back he made no reply.
JESSIE COPE . I am the wife of Elijah Cope, of 68, Whitfield Street—the male prisoner and Allen lodged there for twelve weeks, as man and wife—they occupied the front kitchen—she told me he was a cook at the Charing Cross Hotel; he cannot speak English—on the Sunday before 23rd January, he told me he was going the next morning to Belgium for three weeks; he told me that in English; he can speak it a little—he said he would pay the rent for his wife before he went, and he would return in three weeks—sometimes he paid the rent, and sometimes she did—Allen told me that he was engaged in his business one week at night, and the other week in the day.
SOPHIA HEARD . I am a widow, and kept the house, 10, Stephen Street—I know the three prisoners—Hughes came to lodge with me on 13th August, 1870, in the name of Mrs. Louie; she came with her husband, a Frenchman, and occupied the second floor back; she stayed till 23rd January—the other two prisoners used to visit her almost all the tune she lived there—they used to be there almost every day—on 23rd January, the police came and searched the room, and Hughes left that night with Allen—Mr. Louie went away in the evening, and I saw no more of him.
FRANCIS CATER . I am the wife of John Cater, a cab-driver, of 9, Tudor Place, Tottenham Court Road—I have known Hughes eight years—I never knew anything wrong of her—I knew her as the wife of a cabman—I lost sight of her some time ago, till within the last three months, when she came to live in Stephen Street—I have seen the other prisoners at her lodging—I have a pawn-ticket of a shawl; it was given to me by Hughes.
JAMES TOWERS . I am assistant to Mr. Smith, a pawnbroker, 23, Tottenham Court Road—this is a ticket for a shawl, which was pledged with me for 3s., on 20th January, I believe, by Hughes; this is the shawl—I gave this ticket to the person who pledged it.
Hughes. It is false to say that I pledged it; I did not; the habit was given to me, and as I had no use for it, I gave it away.
GUILTY of receiving.
St. Voirin was further charged with having been before convicted of felony.
WILLIAM HODGKINSON (Police Sergeant). I produce a certificate. (This certified the conviction of Eugene St. Voirin, on his own confession, at the Police Court, Manchester, on 11th March, 1870, of Larceny. Sentence, One Month's Imprisonment). The prisoner is the person—I was present at his conviction, and am quite certain of him.
ST. VOIRIN— Seven Years' Penal Servitude.
HUGHES— Twelve Months' Imprisonment.
ALLEN— Six Months' Imprisonment.
MR. BOTTOMLEY conducted the Prosecution.
WILLIAM ESCHMAN . I live at 371, City Road—on Saturday night, 4th February, about 1.15 or 1.30, I was returning home from my sister's, where I had been to supper—I was walking with a friend, and when within 100 yards of my own house, all of a sudden three men darted out from some place; I don't know where—one appeared on each side of us, and one behind us—the prisoner, who was one of them, put a piece of fish in my mouth, and said "I want some money; see; I have nothing but this to eat"—I refused to give him anything—he then clapped his hand to my side, where my watch was—I had my coat buttoned up—I pushed him away, and the next moment he struck me between the eyes, and knocked me against the coping of the rails—my head fell back against the coping of the rails—I rose up again, and before I could hardly get my footing, he struck me in the mouth, and knocked my teeth out—I rose again, and one of his companions struck me with a club, or something, at the back of my head, which almost stunned me; it raised up a place as big as a very large egg—the man was striking at me again, but as he was doing it some persons and a policeman came up—my friend, Mr. Moore, had his arms pinioned
behind him, so that he could not help me—this occurred in the City Road, just by Duncan Terrace.
CHARLES MOORE . I live at 34, Featherstone Building, City Road—I was with Mr. Eschman on the night of 4th February, in the City Road, walking arm in arm; all on a sudden we heard footsteps behind us, and one man came on my side, and one on his, and there was another behind—the one on my side said "Give me some halfpence, master," and the one on Mr. Eschman's side at the same time put a piece of fish round in front of him, using some bad language, and said "This is all I have got to eat, give me some money"—I pushed one away, saying "Get away, I have nothing for you"—at the same time a blow was struck by the prisoner, and Mr. Eschman was swung right away from me—I then made a rush to strike the prisoner with my umbrella, and the other man caught hold of me, and said "Here, you stand back"—another person came up in the mean time, and said "The best thing you can do to help your friend is to get a policeman"—I immediately rushed up the City Road, and at the corner of Duncan Terrace, I met a policeman, and brought him down, and gave the prisoner into custody as he was about striking Mr. Eschman again.
ISAAC ANTHONY (Policeman N 480). I was called by the last witness on this night, about 1.30 or 1.45, I went with him, and saw the prosecutor and the prisoner standing with him, and some more persons—the prosecutor was covered with blood, and the back of his coat was covered with mud and dirt—the prisoner was given into my custody.
GUILTY — Eighteen Months' Imprisonment.
210. JOHN CUMMINGS (24), and JAMES PAGE (30), PLEADED GUILTY to stealing 37 lbs. of beef, and other articles, of Charles Bell, their master—Recommended to Mercy by the Prosecutor.—CUMMING— Six Months' Imprisonment. —PAGE— Twelve Months' Imprisonment.
NEW COURT.—Tuesday, February 28th, 1871.
Before Mr. Common Serjeant.
213. NATHAN LESSER (30), PLEADED GUILTY to unlawfully, within four months of his bankruptcy, obtaining on credit divers large quantities of boots, and disposing of the same.— Six Months' Imprisonment. [Pleaded guilty: See original trial image.]
214. GEORGE BAKER (21), and HENRY WILSON (18), to stealing one bag containing 1l. 13s. 11d. and a quarter-franc, of Thomas Jefferies, having both been before convicted— Eighteen Months' Imprisonment each. And [Pleaded guilty: See original trial image.]
MR. MOODY conducted the Prosecution; and MESSRS. SERJEANT SLEIGH, BESLEY, and HUMPHREYS the Defence.
He received an excellent character.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. ST. AUBYN defended Griffiths and Cox.
SILAS HENRY WHITE (City Policeman 663). On Saturday night, 8th February, about 8.30, I was on duty in Walbrook, and saw Griffiths and Cox standing opposite Mr. Howell's public-house—Cox went into the public-house three times—she said something in a whisper, and I gave a signal to Hunt, who was in plain clothes, and went on my beat—about 9.55 there was a row in Cannon Street, and I saw Griffiths and Cox there, and Martin, to the best of my belief—they seemed to be fighting; hitting one another.
BAXTER HUNT (City Policeman 599). I received information from White about 9.45, and went into Deacon's coffee-house, kept by Mr. Howell, and there saw the three prisoners and the prosecutor together, with a pot of ale before them—I watched them for more than an hour—when I had watched them about a quarter of an hour Griffiths went out with the prosecutor—they all went out, and I followed them into the "Three Crowns," Dowgate Hill—I went in, and saw them all drinking together there—I called the attention of Newnham, another constable—I saw Griffiths put her arm round the prosecutor's neck, while Cox and Martin covered her, to prevent observation—Griffiths and Cox then left the house with the prosecutor, and Martin remained inside—I afterwards saw Griffiths and Cox leading the prosecutor into Great St. Thomas Apostle—they propped him up against a wall, and left him there—he was very drunk—I asked him if he had lost anything; he told me something, and I took Griffiths and Cox in custody.
Cross-examined. It did not occur to me that they had robbed him before he left the public-house; but I thought they might before they left him—the place where they propped him up was 300 yards from the public-house—he was not too drunk to come to the station; but he was kept there all night, because he was drunk—he had a cap on—I heard that a friend lent it to him because he lost his hat; but I do not remember hearing that he lost it in a fight—sixpence was found on Griffiths.
Martin. Q. Did you see me in Cannon Street? A. No.
Re-examined. In my experience, women do not stop long with drunken men, after they find that they have got no more money.
CHARLES ALFREY (Oily Policeman 631). About 11.30 on this night, I saw Martin in Cannon Street, very drunk—I took her to the station, and she was placed in a cell, away from the two other prisoners, with another woman named McDonald, who was also there for being drunk.
MESHACH MEAD (City Policeman 576). I was at Bow Lane Station, and about 3 o'clock, a.m., I visited the cell where Martin was, with another woman, McDonald, who had been brought there first—they were both asleep, and I found on the floor, close to Martin, this watch (produced)—I afterwards went in again, and they were awake—nothing was said about the watch till after 6 o'clock.
MARY ANN MCDONALD . I am the wife of Mr. McDonald, a labourer, of 2, Rosemary Lane—I got very tipsy on this night, and was taken to the station—I woke up in the station, and found Martin there with me—she woke up, and lifted up her dress, and dropped some halfpence—I asked the officer to bring a light, to find them—when he came he asked who had lost
a watch, or who had dropped one—I did not see him find one, nor had I stolen one.
EDWIN WILLIAMSON VEST . I am a clicker, of 43, King Street, Clerkenwell—I was speaking to a man, and one of the prisoners came up and said "You are a countryman"—I said "Yes"—she said "What part?"—I said "Leeds"—one of them said "I come from Leeds; you will stand something, won't you?"—I said "Yes"—I took the precaution of taking my watch guard from round my neck, and dropping it—a young woman afterwards asked me if I had lost my watch, and then I missed it.
Cross-examined. I had been enjoying myself, and was very fresh—I lost my hat—I do not know how, as I had not been in any row, but possibly I might have dropped it coming along, and not stopped to pick it up, being fresh—I had on a blue cricketing-cap, with a white star—I did not have a spar, because I had a friend with me—I am not in the habit of drinking liquors, and as I had had nothing to eat since morning, it got hold of me—I asked them to keep me at the station.
Martin. Q. Do you recollect the first public-house we were in? A. I do not recollect any of the houses I was in—I may have said that I had a wife and child in the country, because I have—I do not know what I paid for—I did not give you the watch to take care of.
THE COURT considered that this evidence was insufficient, and directed a verdict of
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution.
CHRISTOPHER JAMES CHURCH . I am a fireman, belonging to the Metropolitan Brigade—I was on duty, on Tower Hill, on 13th February, and saw the prisoner come out of a public-house—she staggered against me, and knocked against my right shoulder—I stepped back two paces, and she fell with her head on my chest, and her hand went into my right trowsers pocket, where I had 19s. 6d. in loose silver—there were four half-crowns and two florins—she fell at my feet—I put my hand in my pocket, and misaed 18s. 6d.; 1s. was left—I gave her in charge.
Prisoner. Q. Did not you come out of a public-house, and clap me on the shoulder, and ask me to drink with you? A. No, I did not ask you to go with me to the fire-escape, and threaten to break your jaw because you would not—I had just taken off my belt and axe, to get my pipe and tobacco out.
GEORGE BASKETT (Policeman H 144) I took the prisoner—she said she had not got a farthing about her, she had been drinking—the prosecutor was perfectly sober—I spoke in my ordinary tone, and the prisoner heard me very well—(The prisoner appeared to be feigning deafness).
ELIZABETH COSIER . I am female searcher at Leman Street Station—I searched the prisoner, and found four half-crowns, two florins, and 4s., in the leg of one of her stockings, just at the top of her boot—she heard me very well.
Prisoner. Q. You asked me how much there was. I told you 18s., and that it was mine? A. Yes, you had heard that sum mentioned as being lost.
The prisoner, in her defence, stated that the prosecutor wanted her to go to the fire-escape for an improper purpose, and made the charge because she
refused; that the money was her own, and that she kept it in her stocking for safety.
JURY to C. J. CHURCH. Q. When the girl was at your feet, would it be possible for her to secrete the money in her stocking without your knowing it? A. I saw her fumbling behind her; but what she was doing I do not know—my belt was on my left arm—I had taken it off—a policeman came up in about ten minutes.
GUILTY — Six Months' Imprisonment.
THIRD COURT.—Tuesday, February 28th, 1871.
Before Robert Malcolm Kerr, Esq.
219. SARAH BALDWIN (21), PLEADED GUILTY , to stealing a bill of exchange for 50l., the property of Manuel de la Quintana, and also to forging an indorsement on the same, with intent to defraud— Judgment Respited .
220. THOMAS HALLAM (28) , to feloniously forging and uttering an order for the payment of 315l., with intent to defraud Henry Christopher Robarts and others— He received a good character— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
221. AMHERST RENTON (23) , to feloniously forging and uttering an order for the payment of 11l. 5s. 6d., with intent to defraud— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
222. ROBERT ANDERSON (22) , to burglariously breaking and entering the dwelling-house of James Johnson, and stealing one wooden box and 3s. 4d. his property; having been before convicted in August, 1867.**— Seven Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
223. DUDLEY CAMPBELL (29) , to embezzling and stealing 3l. 9s., 1s. 9d., 3l. 9s., and 1l. 7s. 7d., of Coleman Defries and others, his masters— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
BENJAMIN MAYER . I live at 4, Honeysuckle Square, Milton Street, and am a cabinet-maker—on Saturday, 28th January, about 10.45, I saw the prisoner and another man come through the square—the prisoner asked me if I knew a man of the name of Alick, who worked at Simmons'—' I told him I knew no one at Simmons', and I waited to see what they did—directly after he spoke to me he turned round, pushed the door open and went into Simmons'—he brought out two reams of paper, put them on a barrow, and wheeled them away—the barrow was just round the corner, under the arch, in Honeysuckle Square—I made a communication to a constable and he stopped the prisoner.
ALBERT MAY (Policeman G 54). On Saturday night, 28th January, the last witness spoke to me and stopped the prisoner—he had this paper on a barrow—I asked him where he got it from—he said he got it from Hudson's Yard, Milton Street, and he was going to take it up here—I asked him where, and he said up in the City Road—I took him into custody and took charge of the barrow and paper.
CHARLES SIMMONS . I am a box maker, at 49, Milton Street—this paper (produced) is my property—I did not sell it to the prisoner, or to any person—when I last saw it, it was near the warehouse door—that was in the morning of the same day.
JOHN WELLS . I am a dealer in glass, and am in the habit of letting out barrows—the policeman showed me a barrow at the station—it was mine—the prisoner has had barrows of me many times—I did not let him that
barrow on Saturday, 28th January—it was put outside, under the archway and someone took it away without my authority—I don't know who it was.
Prisoner's Defence. Two men stopped me in Milton Street, and asked me to move two bales of cardboard, and I said I would do it. They said it was to go to Old Street, City Road. I went to Mr. Wells' for the barrow, and the barrow being outside I took it. The men brought out the two bundles and put them on the barrow, and I was going up Bunhill Row with them when the constable stopped me.
— GUILTY .— Twelve Months' Imprisonment.
MR. ROLLINGS conducted the Prosecution; and MR. BRINDLEY the Defence.
WILLIAM KERRIDGE . I keep a shop in the Latimer Road, and am also managing a building operation at Wimbledon—on the night of the 7th February, I went to bed about 11 or 11.15—the house was then properly secured; I did it myself—about 1.30 in the morning, I heard something moving below—I opened my door and a stream of light came up the stair-case—I ran down and saw three men in the parlour behind the shop—two of them got out of the window and one I secured—I kept him there about half-an-hour, till a constable came—we searched him and took everything he had out of his pockets, and went with him to the station—about 100 yards from the house we took Hasey, and after going along a short distance, Dyke came on the scene—he walked behind me about half-a-dozen yards—I saw a movement with his hands, and I received a blow on the head which knocked me down, and the man I had got away—I missed a quarter of a pound of tea from my room, which I had bought that very day—I believe this to be the tea—I also missed about 35s.—one half-sovereign and some silver from a box in the cupboard, and some copper from the till—I am certain the prisoners are two of the men—Dyke was the man who threw the stone.
Cross-examined. I was not excited at hearing a noise in my house—I was quite cool—there were four men to deal with, three in the house, and one watching outside—I saw three men in the room, and I seized the one that was standing nearest to me; the other two got out of the window—they were not very long about it: they got out as quick as they could—the man that I took in the house escaped on the way to the station—the constable took Hasey on the way to the station—I was not carrying the constable's staff at that time—Hasey did not object to being taken—he did not ask what it was for—he never said a word till we got a little farther on, and then he said he should not go any further—I don't remember the policeman saying "You are an associate, I think you are one of them, I will take you, too"—after Hasey was taken, the policeman gave me his staff, and he said if they were violent I was to strike them with it—Dyke was not taken that night—I was called to the station the next day, and identified him in a room full of men—they did not tell me Dyke was in custody—they said I was wanted at the station—I went in the room, and they asked me if there was anyone I could recognize as being in my house, and I picked Dyke out—I have no doubt that this tea is my property—it is in a paper—I won't swear to it; but I have no doubt about it—the man who threw the stone at me in the street was five or six yards off—I did not see
the stone thrown; I saw a move of the arm—I was hit at the back of the head—I was looking at the man when the stone caught my head.
GEORGE GRABB (Policeman X 69). On the night of the 7th of this month, from information I received I went to the prosecutor's house, about 1.30—when I got there I saw him holding a young man of the name of Charles Langley, who has escaped—I had seen him in company with the two prisoners and another man, about 11 o'clock that night—there were four of them altogether—I told Langley I should take him into custody, and we proceeded to the station—when we got about 150 yards from the house I saw the prisoner Hasey, and took him into custody—he said "What do you want me for?"—I said "I will tell you when I get to the station"—we went into the station—I had one in each hand—the prosecutor was following behind—some distance up we saw the prisoner Dyke—Hasey said then, he would not go any further, and I said to the prosecutor "You take my truncheon out, and strike the first prisoner that resists"—at the time we saw Dyke he threw a stone at the prosecutor, which struck him on the head, and knocked him down—he pulled out three stones from his pocket, and threw them at me, one after the other, and Langley got away, leaving his collar and necktie in my hand—I took Hasey to the station—on the following morning, between 7 and 8 o'clock, I went to Dyke's house, 7, George Street, with Couchman—he was in bed—I told him we should charge him with being concerned, with others, in custody, in committing a burglary in the Latimer Road—he said "I suppose I must go with you"—I searched the room, and found this 1/4lb. of tea on the bed.
Cross-examined. I took Hasey myself—the prosecutor did not say anything about him at the time I took him—he said he would give me a description of the other two when I came out of the house—I know a man named Thompson, well—I don't know a man named Briney, by name—I might know him if I saw him—I know Thompson as a companion of Langley, the man who got away—I did not see the first stone thrown on this night—I heard a noise, as though a stone was thrown against some boards; I looked round, and saw the prosecutor lying in the road—it was Dyke that I saw in the street that night—I told the officer at the station, and described him as being a tall young fellow—I knew him well; but I did not know his name—he was about five yards from me when I saw him that night—I was not hit with anything—when the prosecutor was on the ground he threw three stones at me—they did not hit me—I kept the two prisoners in front of me—I heard at the Police Court that Dyke said that the tea was left at his house by Langley—I went to Hasey's house, at 3 or 4, Child's Place, Kensington—I found he was living there with his married sister—she said he came there sometimes, and some nights he was away all night—we went into her room—she said "What is in my room you are welcome to see"—I found nothing in the room—Couchman did not tell Hasey's sister that he would give him a very long sentence—nothing was said about five years; hardly a word was spoken—I was holding the candle, and she said "Anything I have got here you are welcome to see."
JESSE COUOHMAN (Detective Officer X). On the evening of the 7th February, about 11 o'clock, I was in the Latimer Road—I saw the two prisoners, and two ethers, in a public-house—I heard of the burglary, and went to the house about 3 o'clock in the morning—the hasp of the window had been pushed back by means of a knife, or some other thin instrument—I went with the last witness to search Dyke's house—the door was opened by
a female—I saw Dyke lying in bed—I said "Get up, George"—I knew him before—he said "All right!"—he got up, and I asked the other constable if that was the man—he said it was—and I said he would he charged, with another, in custody, for committing a burglary, at the house of Mr. Kerridge—he said "I know nothing about it; I suppose someone has got it up, very well, for me?"—I searched the room, and found a quarter of a pound of tea, a purse, a knife, a shilling, and 1s. 3d. in coppers, and a one-cent, piece, in a bag—I took Dyke to the station—he was placed with eight other men, and he was identified by the prosecutor—the two prisoners were then put in separate cells—Dyke said to Hasey "I wish we had not took that quarter of a pound of tea; but I don't see how he can swear to a quarter of a pound of tea; when I hit him with the stone, I saw him fall down and I thought he was going to snuff it"—Hasey said "We are b——y well hit for it this time"—Dyke said "Who took you, Hasey?" and Hasey said "Jesse, and another slop, came and took me this morning."
Cross-examined. I was standing at the end of the cell passage when I heard this—I wrote down what I heard, word for word—I had the ink in a little bottle, in my pocket; a small one I carry when I am out on duty—I heard them talking, and I stood and listened—they said a great deal more, but nothing that interested me—I read from this when I was before the Magistrate—I had a description of Dyke from Grabb, how he was dressed—he told me it was Dyke—he gave me the name, and the description as well—he has known him for years—I went to Hasey's house, and searched there—I went into the room as soon as the door was opened—Hasey's sister was there—I did not say much to her—I said he was locked up—I did not say I would get him a heavy sentence—I mentioned nothing of the kind.
DYKE**— Eighteen Months' Imprisonment.
HASEY*— Nine Months' Imprisonment.
MR. COOPER conducted the Prosecution.
FREDERICK LINDHOLM (Interpreted). I belong to the ship "Lena" now lying in the Lavender Dock, Rotherhithe—on Monday afternoon, 23rd January, about 3.30, I was in Upper East Smithfield—I had at that time a 5l. note, a sovereign, half-sovereign, and three or four shillings, in a purse, in my left-hand trowsers pocket—I was paying a man, who had showed me my way—I took my purse out for that purpose, and put it back in my pocket again, and walked on—two men came up behind me, and another in front, tore open my coat, and then put his hand in my left pocket: that man was Guinea—he got my purse, and ran away—I called out "Police!" and ran up the street—a man tripped me up with his foot, and I fell—I am quite sure Guinea was one of the men.
Munro. Q. Did you see me there? Witness. Yes, I saw you there at the same time.
JOHN STEVENS (Detective Officer H 137). I took Guinea into custody on 25th January, in Leman Street—I told him I should take him for being concerned with four others in robbing a foreign sailor at the corner of Glasshouse Street—he said "I know nothing about it; I do nothing of that work now"—at the station he said "I was there with him; I know who had the purse, but they gave me none of the money."
GEORGE FOSTER (Detective Officer H). I took Munro, about 7 o'clock, on the 25th January, in Back Road, St. George's—I asked him where he got that coat from—he said "I bought it, and gave 5s. for it about three weeks ago"—I took him to the station, and he was placed with Guinea, but was not identified by the prosecutor—Guinea was picked out from several others—they were afterwards put in separate cells—I was in the cell between them—Guinea called out, and said "Munro, where did they take you?—Munro answered "In the Back Road; Mike was with me, but they did no see him; somebody has rounded"—Guinea then said "It is that girl you gave the purse to, or else it is your having the new clothes on"—Munro said "Shiney asked me where I bought the coat; I told him in the lane for 5s.; mother told me not to put it on this morning; I wish I had no put it on. How did they find you out, you have not got any fresh clothes on"—Guinea answered "Someone rounded, and I shall tell of you as you did not give me coal"—Munro said "I gave Harry Hinty 2s. 6d.; when did they find the old man. I expect he told of the fiver"—Guinea said "What did you do with the other money?—Munro said "Spent it all; they have got 13d. belonging to me"—Guinea said "Chivy has got six weeks; I suppose he will be out of this; I should like to be in his place; I suppose they will not take him when he comes out"—in answer to the charge Guinea said "We were both there"—Munro said nothing.
Guinea's Defence. I saw this gentleman paying a man; Chivy stood by, and looked in his purse, and said to Munro "I can see some little bits of gold;" Munro said "I won't touch him," and Chivy says "Come on," and Munro followed him, and they went up to the man, and took the purse out of his pocket. I was the first one away."
Munro's Defence. The prosecutor knows I was not there, and this chap wants to get himself out of it if he can.
GUINEA**— Fifteen Months' Imprisonment.
MUNRO**— Eighteen Months' Imprisonment.
OLD COURT.—Wednesday, March 1st, 1871.
Before Mr. Baron Bramwell.
MR. BOTTOMLEY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
WALTER CAMPBELL . I am a lighterman, and live at 95, Stainsby Road, Limehouse—on Saturday night, 28th January, I went to the prisoner's house, in Church Row, Limehouse—I there found the deceased, the prisoner's son, John William Robert Bull—he was my brother-in-law—he was there alone—I sat down with him for two hours—the prisoner then came in—he said to his son that he did not wish to see him in his place—the deceased, on that, got up and struck his father, and knocked him out of his chair, on to the floor; that was the first blow that was struck between them—the prisoner tried to get up again on to his seat, and I put the deceased out of the room—in the first scuffle the table was upset, and the lamp thrown down and broken; it was then all in darkness—the deceased rushed in again, and struck his father again, knocking him out of the chair on to the floor—I saw him strike as he came in, and I tried to get between them, and parted them—there was no light but the fire; that was very dull—he got up, and
his son went towards him again—they closed, and the son turned round and staggered towards the door—I did not see the prisoner strike him—he opened the door and walked down stairs, and when he got to the bottom of the stairs he fell—I went down, hearing him fall, and saw him bleeding from the head, and insensible—I procured a light, and instantly went for the doctor—the deceased was intoxicated, and the prisoner was also under the influence of liquor—I afterwards examined the stairs, and noticed blood on every stair he had come down.
Cross-examined. The prisoner bean the character of a very humane, feeling man—he lived close to the canal, and has saved the lives of three or four persons, who have attempted suicide there—I did not see him use any scissors, or any instrument.
ROBERT NIGHTINGALE . I am a surgeon, of 4, Commercial Terrace, Lime-house—on the night of 28th January, I was fetched to 11, Church Row—I found the deceased there; he was already dead; he was lying on the floor, with his head resting between his father's knees, deluged in a pool of blood—there was a punctured wound on the crown of his head, a wound on the left knee, that had been a punctured wound; but the instrument coming in contact with the bone, had rather jagged it—on the inner part of the right thigh there was a deep punctured wound—there were one or two minor abrasions on the face, of a superficial wound, on the bridge of the nose—I think it very possible that the sharp-pointed blade of these scissors (produced) would make such wounds as I saw—I made a post-mortem examination—the cause of death was exhaustion, produced by hemorrhage, the result of the punctured wound in the right thigh—it was about an inch and a half in depth.
Cross-examined. There was no sign of blood on the scissors—the wound on the head was a simple punctured wound, near the vertex—I did not attach any importance to that wound in itself—the prisoner appeared to be in a state of excitement and grief at what had happened—I interrogated him if he knew how it occurred, or who was the cause—he said he did not; he did not know how it happened.
JAMES WILLIAMSON (Police Sergeant K 14). The prisoner came to the police-station, and gave himself up, about 9 o'clock on Sunday morning, 29th January—he said he had had a quarrel with his son last night, and unfortunately, he was dead—I detained him at the station, and went to 11, Church Row, where I found the deceased dead, lying in a pool of blood—I saw the wounds on him—I searched the room thoroughly, and also the prisoner—I found no knife—these scissors were lying on the mantel-piece—they were broken, separated as they are now—I charged the prisoner with the death of his son—he said "He was very sorry for it; he struck him with something, but he did not know what.
Cross-examined. When he first came in he said "I had a quarrel with my son when he came home on Saturday night; I sat on the chair, my son struck me, and said 'Get up you old b——.' I then shifted my chair; he then struck me again, and knocked me off on to the floor; I then struck him with something, but I don't know what it was; the table was knocked over, and the light went out, and we were in the dark"—when the charge was read over at the station, he said "I did not stab him."
The Prisoner's Statement before the Magistrate: "I struck him on the head with the back of the chair as he rushed in the third time."
GUILTY.—Strongly recommended to mercy by the Jury on account of the great provocation, and his good character .— Three Days' Imprisonment.
MR. HARRIS, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. R. N. PHILIPPS conducted the Prosecution; and MR. HOLLINGS the Defence.
WILLIAM RICHARD JEUNE . I live at 75, Campbell Road, Bow, and am a floor-cloth manufacturer to a large extent—on 31st January I received this letter (produced) in the envelope marked "A"—in consequence of that I spoke to the police, and on 3rd February I wrote a reply—on the 8th I received this other letter marked "C"—I wrote another reply to that, and received this marked "E"—I wrote again—this is the letter I then wrote (produced)—it was sent to the address mentioned in the letters—I know nothing of the prisoner beyond having seen him at a house of business three or four years ago.
Cross-examined. I have never seen him write—I have a letter in my pocket which purports to be signed by him, written from the prison—when I received the first of these letters, I did think something of it, inasmuch as I had discharged a man some three or four mouths before, and that man told my watchman that he would burn my place down, and when I received this letter I thought very likely it might be connected with him in some way, and I immediately placed it in the hands of the authorities at Arbour Square—I thought that somebody had heard of the workman's threat, and was trying to get money out of it.
COURT. Q. Did you understand that the writer of the letter was theatening you, or that he was telling you of somebody else? A. I looked upon it as a sort of threat to extort money—I could not gay I thought he was holding out a threat of anything that he would do—I did not believe that the workman I had discharged would put his threat into execution—I thought the letter came from somebody in conspiracy with the workman—I did not look at it as an intimation that the writer could tell me of something that the workman would do—I had been very ill for a considerable period, and had not been near my works for some weeks, and I was a little anxious about it.
JOHN COOK (Detective Officer K). From information I received I went to 12, Chalk Farm Road, post-office, on the 10th February—I saw the prisoner come in, and heard him ask for a letter addressed "C"—I saw a letter given to him—he opened it—I had previously seen that letter in the post-office, and had posted it by order of Mr. Jeune—(Read: "75, Campbell Road, Bow, 11 February, 1871. Sir,—In reply to your note of yesterday, a gentleman will meet you at the time you call for this note, with instructions what to do in the matter. W. R. Jeune.")—On the 14th of February the prisoner came to the post-office—he looked in at the door, and passed on—I went and stopped him, and said "Walk into the post-office.
Are you the gentleman who wants a letter addressed to 'C?'"—he said "Yes, what of that?"—I said "I am a police-constable; you have been writing letters to Mr. Jeune, demanding money by menaces"—he said "Yes, I have written three, and I can give him information, but I don't know how I shall be able to prove it, as I only got the information second-hand, and the party is out of London"—I then took him into custody—the postmaster gave him this letter marked "G."
Cross-examined. He did not say what letters he had written—he said he had written three—he did not say what the dates were.
MR. JEUNE (re-examined). I had one letter, in November last, in the name of Childs, who I did not know, offering to sell me something, but no other letters offering information, except these three—(The letters were read as follows:—(A.) "Sir,—You are in danger of suffering a heavy loss; say, of thousands; but can be saved from it for 100l., at once paid to C., 12, Chalk Farm Road, with promise of silence and secrecy; not a sentence must be uttered to anyone; write answer"—(C.) "Violence bodily; forgery; competition; arson. Sir, you are in iminent danger from one or other of the above things, C."—(E.) "Sir, it is impossible I can explain until I have received the reward. I would not incur the loss or injury for 1000l., to say the least, if I were you. I have no doubt you might consider the loss of 2000l., or more, preferable to the impending loss, &c. If I receive the 100l., which is little enough, surely, for such a service; after receiving which, I will at once give you all necessary information, and you will be in a position to get larger damages, without a doubt: certainly, you can have a justifiable action. You can send the money in Bank of England notes; send the first halves, and wait for an acknowledgment of them before sending the whole. On Monday, I shall expect another letter from you. Your great friend, C."
MR. ROLLINGS submitted that these letters contained no such menace or threat as was contemplated by the statute; it was a mere offer of information, upon the receipt of a certain sum—(See "Reg. v. Pickford" 4, Carrington and Payne, p. 227).
MR. PHILIPPS, (after referring to 24 & 25 Vic., c. 96, sec. 44, upon which the prisoner was indicted), upon the authority of "Reg. v. Walton" (Lee and Cave, p. 298), contended that if the person receiving the letters, by the language, had his mind so unsettled as to be in a state of fear, from which he might be induced to part with his money by thus overcoming his free-will, it would be a menace. MR. BARON BRAMWELL, after citing the case of "Reg. v. Smith" (1 Denison, p. 510), said that supposing the statements contained in the letters were true, it was difficult to call them threatening letters, and if untrue, it would seem more like an attempt to obtain money by false pretences. He would not stop the case; the opinion of the Jury should be taken, and if it became necessary, the point should be reserved.
The prisoner received a good character.
NOT GUILTY .
There were two other indictments against the prisoner for sending the other letters, upon which no evidence was offered.
NEW COURT.—Wednesday, March 1st, 1871.
Before Mr. Recorder.
230. MARTHA TORPEY (28), was indicted (together with Michael Torpey, not in custody), for a Robbery, with violence, on James Unett Parkes, and stealing two necklaces, value 1650l., two pendants, 280l., and three rings, 500l., the property of William Henry Ryder.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and HORACE BROWNE the Defence.
JAMES UNETT PARKES . I am assistant to Mr. Ryder, who carries on business as London and Ryder, at 17, New Bond Street—on 12th January, in consequence of a message, I went to 4, Upper Berkeley Street, about 5.30—I took with me between 5000l. and 6000l. worth of jewellery—the man who had called at our shop, and who gave his name Mark Tyrrell, opened the door—he apologized for his servant's absence, and asked me into a room on the ground floor, where I left my hat, and then I went up into the drawing-room—this (produced) is a photograph of the man who called himself Mark Tyrrell—the prisoner was sitting by the drawing-room fire, and she remained sitting while I took out of my bag the ornaments which the man had seen at our establishment—I put the remainder of the jewellery in the bag, under a small round table—I stood on the nearest side of the table to the door, and Tyrrell and his wife on the other, looking at the jewellery, which was then in cases—I showed a necklace worth 1100l.—Tyrrell admired it and said he should like his wife to have that, or one with a diamond pendant which was worth 550l. and one of two diamond half-hoop rings—the value of the things I had on the table was 2600l.—Tyrrell said that he thought his wife's sister had better see the things; he said to the prisoner "Go and call your sister"—she left the room, and I continued standing at the table, with my back to the door—she came back in I think two minutes, and said her sister would be there in a minute or two—I just turned round as the door opened; she came very quickly behind me and placed a handkerchief saturated with something over my face and mouth—there was a smell to it—as she did that the man rushed at me, caught me round the arms in front and clasped me—the handkerchief was still over my face—I struggled to get clear of the man, and also to get the handkerchief from my face—I managed to get it away for half a minute, but the man continued to hold me sometimes by the throat, and sometimes clasping his arms round my chest—the prisoner kept the handkerchief to my face when I allowed her to do so—it was applied to my face again continually—this went on for some minutes, and I was forced backwards on the sofa—I was becoming unconscious at that, time—when I was on the sofa the man held the handkerchief to my face—I became unconscious—I was strapped across my chest, and another strap went two or three times round my legs—I am not certain whether the prisoner was then in the room, but the man stood over me and said "If you move, I will murder you"—that was when I began to struggle to get up, having partially recovered my senses—I asked him to loosen the strap across my chest, and he did so, one hole—I then tried to get into a sitting posture, to look at the table, but he forced me down again and tied a handkerchief over my eyes—I do not think that was the same handkerchief which he had used before—he said that if I remained quiet, someone would be sent to me in ten minutes—I then heard him say "Quick, Lucy, with my hat"—after that I heard the street door slam—I ultimately got the straps that bound my wrists undone, and then undid that round my chest and legs, and broke the window and called for assistance—I have seen some straps in the custody of the police, those are what were used—I missed the jewels from the table, all except a small gold chain, but the cases were left about—the jewellery in the bag was left—the prisoner was dressed in fashionable style, as you would expect to see a lady—when assistance came, there was nobody in the house—these are two of the articles (produced).
Cross-examined by MR. M. WILLIAMS. I did not lose my senses at all while the prisoner had the handkerchief—I afterwards saw it in the man's hands, and all that time my senses were about me—after the man applied the handkerchief I lost my senses, and when I woke up I found myself strapped—I cannot form any idea how long I was in that state—I endeavoured to call out, but the handkerchief was over my mouth—I called out when it was away, as well as I could—I have said that before—I said that I endeavoured to raise an alarm—I fancy it was a few minutes only before I lost my senses—when the man went away I began at once to try to release myself.
Re-examined. I had a feeling of stupefaction before I was on the sofa, while the prisoner was holding the handkerchief—that feeling increased till I lost my senses.
ARTHUR SULLIVAN NICHOLLS . I am in the employ of Thomas Flight, of Bond Court House, Walbrook—in January a man named Tyrrell came to me to take a house, No. 4, Berkeley Street—I believe this to be his photograph—he gave a reference to Monsieur de Madaillon, Bath, with whom I communicated, and received this letter signed "Emily de Madaillon"—it was ultimately arranged that Tyrrell was to have the house, and he went into possession on 12th January—the rent was to be six guineas a week.
CHARLOTTE PITT . The prisoner lodged with me—this letter is in her writing—(Read: "Bath Hotel, 10 Jan., 1871. M. de Madaillon, being imperfectly acquainted with the English language, has requested me to acknowledge your letter. We have known Mr. Tyrrell for some years in Paris, and have no hesitation in assuring you that any engagements into which he may enter will be faithfully fulfilled. I am, faithfully yours, Emily de Madaillon."
SUSAN COOK . I went to 4, Upper Berkeley Street, on Tuesday, 10th January, by the recommendation of Mr. Flight, as Mrs. Torpey's cook—I remained there from Tuesday till Thursday—on Wednesday, the 11th, Mr. Torpey came to look over the inventory—he did not sleep there that night—Mr. and Mrs. Torpey came on the 12th, between 1 and 2 o'clock, in a four-wheeled cab—they had no luggage—about an hour afterwards Mrs. Torpey rang the drawing-room bell—I went up, and she asked me if I knew Brixton and Tulse Hill—the result was that she gave me a letter to take to Tulse Hill—when I got there I could find no Highfield House, nor any such person as the letter was directed to—when I returned, Mr. and Mrs. Torpey had gone, and the house was in the possession of the police—this is the letter—no one was left in the house but Mr. and Mrs. Torpey.
Cross-examined by MR. M. WILLIAMS. He came alone.
CHARLOTTE PITT (re-examined). The writing on this envelope is the prisoner's—(This was addressed "Miss Pearson, Highfield House, Tulse Hill)—I live with my sister, at 9, Campion Terrace, Leamington—in June last, the prisoner and her husband came to lodge with us, in the name of Mr. and Mrs. Torpey—this is a photograph of Mr. Torpey—the prisoner has told me lately that she wanted money, and she borrowed a sovereign of me—Mr. Torpey went to London on 9th January, and before he went, the prisoner said that she should want to go away for a day, and she wondered if the
nurse would come to take charge of her baby—on 11th January she received two telegrams, and gave me a letter to post to her husband, addressed to 241, Oxford Street—on the morning before the first telegram arrived, she said that she should go to London next day, and when I went into the room, later in the day, she said she was not quite certain whether she should go until she received another telegram—she asked me, on the evening of the 11th, to order a cab, to go by the 9.45 train—she left the baby with the nurse, and said that it was just possible she might not return that evening, but if she did not, she would send me a telegram—I went up into her room when she was dressing, and she put on a drab dress, with a little green in it, and another dress over that, and a cloak and a waterproof over that—she took a very small tin box with her—I received this telegram from her, at 7.45, on the evening of the 12th: "We have just missed the train, and shall be home by the mail train at 4 o'clock in the morning"—she and Mr. Torpey arrived on the morning of the 13th, about 2 o'clock—she came to my bedroom, to borrow a sovereign to pay the cab—I lent it to her—when she went away in the morning she wore a hat, but when she came to borrow the sovereign she was wearing a bonnet—she asked me to be quick and get it for her, as she had posted from Rugby, and she would have had to wait two hours, and Mr. Torpey would not let her wait—next morning I saw a little mark under one of her eyes, and Mr. Torpey had shaved his beard off his chin—Mrs. Torpey asked me if I thought that made him look younger, and like a Frenchman—I saw a bunch of keys in Mr. Torpey's bed-room, with which I unlocked a drawer, and looked in and saw two small bottles marked "drug"—a small box of dye, a brush for applying it, a new razor and strop, and a pocket-hankerchief, which was by the side of the bottles—that was on Friday, the 13th—I went up again two hours afterwards, and the bottles were not there; the drawer was empty—Mr. Torpey was in and out of that dressing-room a great deal, and he used to lock the door when he went in—on Sunday, the 15th, a foreign Bradshaw was brought for Mr. Torpey, and on Monday he left, and I have never seen him since—on the morning he left, the prisoner asked me if I should like the Standard newspaper; she was in the habit of lending it to me—I read in it something about this case; but she did not show it to me—on the Wednesday evening I took tea with the prisoner—I ultimately communicated with Superintendent Land, of the Leamington Police.
EMMA JANE GODERICH . I live at Southampton, and am a relation of the prisoner—on 16th January, I received this letter and a parcel, which I afterwards gave to the police—the letter is in the prisoner's writing.
Cross-examined by MR. M. WILLIAMS. I have known the Torpeys some years—I believe they have lived on good terms since they have been married—I only saw Torpey for three days—the prisoner has always borne a good character.
Re-examined. Her husband has also borne a good character, I believe—I never heard anything against him till this—(Letter read: "Leamington, January, 15, 1871. My dear Emma. Just a line to wish you many happy returns of to-morrow, in which Michael joins me. I hope by next birthday you will rejoice in another title. I am going to ask a favour of you, that is that you kindly take charge, for a little while, of a small parcel which I shall send you to morrow; keep it carefully for me and send me a line to let me know whether you receive it safely. I hope uncle William is all
right by this time, and that all the rest of you are well; baby is getting on nicely and I am myself again. Affectionately yours, Pattie."
MR. M. WILLIAMS submitted that the fact of the prisoner being indicted, not as a "femme sole," but as the wife of Torpey, rendered it unnecessary for him to call witnesses to prove her marriage; in addition to which, Mr. Metcalfe, in his opening address, had admitted that she was the wife of Torpey He therefore submitted that she was entitled to an acquittal, without the case going to the Jury, even if she had taken a more active part than her husband. The authorities upon this point were all quoted at length, in the case of "Reg. v. Cruse" (8 Carrington and Payne), which authorities justified him in urging that he ought not to be called upon to address the Jury at all. MR. METCALFE referred to a passage in "Hawkins" where it was laid down: "The woman shall not suffer any punishment for committing a bare theft under the authority of her husband, &c.; but if it is her own act, or by the bare command of her husband, she is punishable as much as if she were sole." In the case of "Reg. v. Smith and wife" (1 Dearsley and Bell), the wife allured a man to a particular spot, where her husband assaulted him, it was there held that she was not responsible, because she acted under the coercion of her husband, and did not personally commit any act of violence; but in this case, as the prisoner had committed violence, although in far husband's presence, she would be responsible for her acts. There was also the fact that the letter from Bath was proved to be in the prisoner's writing, at a time when the prisoner was in London.
MR. METCALFE to CHARLOTTE PITT. Q. When did you last see the husband; what day did he go to town? A. Monday, and he was away, the week before also—he did not come back again before he came back with his wife—the wife was there from that time till she went to London.
MR. M. WILLIAMS further submitted that there was no evidence that the prisoner was ever in Bath; he put the case of a wife stealing a watch in a shop in her husband's presence, in that case she would be entitled to an acquittal, and there was nothing in this case to take it out of the category of the cases quoted. THE RECORDER considered that the presence of the husband raised only a presumption of coercion, which might be rebutted by evidence, and that Mr. Williams must address the Jury as to whether, upon the facts proved, the prisoner was acting under her husband's control or not. MR. M. WILLIAMS having addressed the Jury, THE RECORDER, in summing up, left it to the Jury to say whether, in procuring the handkerchief and forcing it upon the prosecutor's mouth, or in writing the letters and sending the servant to Tulse Hill, or in any other action, the prisoner was exercising an independent will, or whether she was acting throughout under her husband's coercion.
The prisoner received an excellent character.
The Jury expressed their belief that the whole matter was prearranged by the husband, and that the prisoner acted under his coercion.
NOT GUILTY .
MR. M. WILLIAMS stated that if the evidence was given on this indictment the same point would arise. MR. METCALFE contended that Hawkins and other text-writers drew a distinction in such cases between felony and misdemeanor. MR. M. WILLIAMS referred to the fact that women had been acquitted of unlawfully uttering counterfeit coin if in their husband's presence. THE
RECORDER (after consulting MR. BARON BRAMWELL) stated that he should have to leave this case to the Jury in the same way as the last, upon which MR. METCALFE offered no evidence.
NOT GUILTY .
232. MARTHA TORPEY was again indicted for feloniously applying to James Unett Parkes, a certain stupefying drug, with intent to enable her and Michael Torpey to commit an indictable offence; upon which MR. METCALFE offered no evidence.
NOT GUILTY .
EDWARD CHILD . I am a constable, of the Metropolitan Railway—on 23rd January, a box was deposited in the cloak-room, Moorgate Street station, between 12 and 1 o'clock; it was missed about 2 o'clock that afternoon.
HENRY MULLARD (Detective Sergeant L). On 25th January, I saw the prisoner at the Kennington Lane police-station, and charged him with stealing a box, the property of the Metropolitan Railway Company, on the 23rd—I took him in custody, and on the way to Moor Lane station he said "On Monday afternoon I met a man named Furness, and a man I do not know, in Stamford Street, near a public-house—they had with them a truck, on which was a large box—we had some beer together, and they asked me to go to Guy Street, Vauxhall, where I went and stayed there that night.
JAMES REED . I am assistant to Mr. Folkard, a pawnbroker, of Upper Kennington Lane—I produce a vest, two pairs of trowsers, and three shirts, which the prisoner pawned on 24th January, in the name of Pickthall, which was the name on them.
Prisoner. Q. Did you ask me whose they were? A. Yes, you said "A friend of mine, who lodges at 4, Guy Street."
REV. WALLACE MARMADUKE PICKTHALL . I am Vicar of St. Mark's, Hatcham, Berkshire—I identify these clothes as my son's, Walter Edward's—I was with him at Moorgate Street Station, on 23rd January—I deposited his box in the cloak-room there, and took a receipt.
Prisoner. Q. Was the box locked, and perfectly safe? A. Yes.
JESSIE RUSSELL . I am the wife of Henry Russell, boot-maker, of 4, Guy Street—on 23rd January, between 5 and 6 o'clock in the afternoon, I saw this box in the back room; the prisoner said that it belonged to him, and that the other man, who is not caught, was a pal of his, who had just left his situation—they were pulling the clothes out of the box—they went out twice—the other man lodged there, and he also said that it belonged to the prisoner—they gave me a pot of jam—I put it on the sideboard, but did not touch it—the other one told him to give it to me.
Prisoner. Q. Did not this man, Furness, lodge there? A. Yes, in that room; he occupied it of my brother—Mrs. Davies is my sister; she said that Furness gave her some money, but she did not say who he owed it to—you gave us two apples, which we ate—you stopped there with Furness that night, and the box was left there.
Prisoner's Defence. On 22nd January, I met two men in Stamford Street, Blackfriars Road. I knew one of them, named James. He asked me to have a drop of beer, and took me to his lodging, at Vauxhall, where he introduced
me to his landlady, and said "I wish you would say that this box belongs to you, as I owe some money in the house, and do not wish her to know I am possessed of a box." In the morning he asked me to pledge the goods; I have been in custody five weeks; I only know the man by sight; I have given the officers all the information about him and James.
FREDERICK CHARLES BRETT (City Detective). The prisoner gave me some information, but I have not been able to find Gumets—I found this box at 4, Guy Street—I found a man there of the same name as the prisoner, but a different Christian name; he was afterwards discharged.
GUILTY on Second Count — Nine Months' Imprisonment.
234. CHARLES JERRARD (68), and REUBEN NEWPORT (43) , Unlawfully conspiring with persons unknown to obtain certain examination papers, and to communicate the same to certain candidates, and inciting Epaphroditus Heatley to steal the same.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; MR. GRIFFITHS appeared for Jerrard, and MR. KEEBLE for Newport.
EPAPHRODITUS HEATLEY . I live at 29, George Street, St. Luke's, and am in the service of Gilbert & Rivington, printers, St. John's Square—my duty is pulling off the first impression of types—Gilbert and Rivington print the examination papers for the Apothecaries' Company, and it was my duty to pull the proofs of those papers—in September, 1868, a boy brought me a message, in consequence of which I went to the "Coach and Horses," and saw Newport, whom I had never seen before—he asked me if my name was Heatley; I said "Yes"—he said that he had got something to speak to me about, very private and confidential—I asked him what it was about—he put his hand in his pocket, and pulled out the paper of a previous examination, saying "You print this at your place?" I said "Yes"—he asked me if I could supply him with one for the next examination that was coming on—it rather took me aback, and I said "I could do such a thing, but it requires some thinking, and if you like you can see me again"—he said that if I could get it, I should be paid liberally; 5l.—he said that he wanted it for an old gentleman in Lincoln's Inn Fields, a doctor, a friend of his, who wanted it to supply another doctor with the means of passing the examination—I said that it required consideration, and I would meet him the next night—I communicated with my employers the next morning, the moment I came, and in consequence of directions, I again met Newport that evening—I said that I should like to see the gentleman in Lincoln's Inn Fields—Newport said that I could go with him and see him, and it was arranged that I should go—I ultimately went to 50A, Lincoln's Inn Fields, where Newport introduced me to Jerrard, as Mr. Heatley, the party who could supply him with an examination-paper—Jerrard said that he was glad to see me, and hoped I should be able to get him the papers, and there would be no fear of getting into any trouble or bother, it was quite private and quite safe—I told him I had never done anything of the sort; I had a wife and family, and had my character to study, and I hoped they would not trouble me again—Jerrard seemed very much taken aback by it, and surprised—he said that he hoped I should keep it a secret, and not let anyone know anything about it—Newport said nothing to me while we were in the room—we three went out together to a public-house, and had a pot of ale—we talked the matter over, and they said they hoped I should not say anything about it, and Newport went away with me—I informed Mr.
Rivington of that interview—I met Newport, by chance, some months afterwards, and he said that he thought I was very silly not to do what he wanted—on the night of 12th August, 1870, I was at the "Eagle Tavern," with my daughter, at a printer's benefit for a widow named Black; I saw Newport there—he said he wanted to speak to me, and said "You recollect what we were speaking about some time ago?"—I said "Yes"—he said "There is an examination coming off the beginning of next year, and if you can let me have a paper to supply Mr. Jerrard with, you shall have 10l.; you may depend upon it no trouble will come of it"—I said that it wanted some time to the end of the year, and he could see me again, if disposed—I reported this to Mr. Rivington—on 3rd January, this year, my son told me something, and I afterwards saw Mr. Mullens—I saw Newport on the Tuesday—he said "Good morning, how are you?"—I said "I cannot stop now, I am in a great hurry, I have got to pay some sick-money to a doctor in St. John Street"—he said "Will you come and have a drop of porter?"—I said "No, I am in a great hurry"—he said "Come and have a drop of beer"—I did so, and he said "Meet me on Thursday night"—he then said that he would take a walk with me—I said "You cannot, because my son is going with me"—we met again on the evening of the 5th, and I said that the examination papers were not in, that I knew of—he said "There is plenty of time, the examination will take place on the 29th, I think, I won't be certain"—I said that I should like to see Mr. Jerrard again, to know whether the money was safe—I had had an interview with Mr. Rivington, Mr. Mullens, and with the police—on the 11th, I met Newport, at 1 o'clock, and went to Lincoln's Inn Fields, and saw Jerrard, who asked me whether I could supply the papers—I told him I believed I could—he said that the money would be quite safe, he would not trouble me with a note, but would give me 10l. in gold; to make sure there would be no trouble, and that if I felt so disposed, I could have the papers burnt, in my presence, after I had taken them there—Newport said that Mr. Jerrard wanted them for a gentleman in the north of England—I agreed to meet Newport next day, the 16th, and let him know whether the copy was in—I left Lincoln's Inn Fields, alone, and afterwards saw Newport in Great Queen Street, and had some beer with him—we met again on Monday, the 16th, at the "St. John's Gate Tavern"—I said that I did not believe the papers were in, and arranged to meet him on Wednesday, the 18th, at "St. John's Gate Tavern," but he did not come—I met him on the 19th, and told him the papers were in the office, and would be pulled next day (Newport is in the printing trade, he worked at Lloyd's)—I said that if he came on Friday, he would most likely have the papers—he said that he hoped I should not disappoint him and Mr. Jerrard, and we agreed to meet on Friday, the 20th, at 7.30—I met him on Friday, at 7.30, and we went to Jerrard's house, Lincoln's Inn Fields—I had two papers of the examination with me, which were given me by my employers—nobody was there but the two prisoners—I cannot say who opened the door, but I imagine it was Jerrard; he was inside the passage, but I was behind Newport—Newport said "Heatley has got the papers"—I took them out of my pocket, and held them in my hand—I said "Yes, here are the papers"—Jerrard asked me to let him look at them—I said "I do not know you; I shall not feel justified in parting with them without the money"—he took a leather bag out of his pocket, and put eight sovereigns and four half-sovereigns on a book which was lying on the table, and said
"There is the money"—I took it, and gave him the papers—he opened them, looked at them, and said "The Greek aint here"—I said "Yes, I think you will find it there"—he said "It is all right"—I said that I must be going, for I had other business to do—he said, if at any other time he wanted anything of that sort, he supposed I could supply him—I said "Yes, I daresay I could," and when I got to the door I said "I suppose, at any future time, you will let Mr. Newport know"—the inspector and sergeant then came up; I handed the money to them, and they took the prisoners in custody—all I did was under instructions.
Cross-examined by MR. GRIFFITHS. I had six interviews with Newport, between October, 1868, and the time I supplied the papers—I have got them down here—I went twice to Jerrard's—I would not let him see the papers till I had the money—I never intimated to Jerrard that Mr. Rivington would not allow me to part with the papers—what Jerrard said was that there was no fear of my getting into any trouble, for the money was safe—he said that he would give me ten sovereigns, and not a note, so that there should be no trouble about it—I do not think he said "So that there should be no difficulty about it"—he said that if I would let him see the papers, they could be burnt—I do not suppose he wanted the paper.
Cross-examined by MR. KEEBLE. Once when I met Newport there was a gentleman present, from Apothecaries' Hall, to see if he knew him—the managing man from Messrs. Rivington's went with him—I said that I should like to see the gentleman at Lincoln's Inn Fields, and Messrs. Newport sanctioned my doing so—all Newport did was to introduce me, and to say that I should be able to get the papers—I saw Newport again, At the "Eagle," and also in Fleet Street, and he said that I was a very foolish fellow, I might be making a pound or two, and nobody know anything about it—Mr. Rivington told me to go to Mr. Mullens, and all that subsequently took place was under the superintendence of Mr. Mullens and Inspector Mulvaney.
JOHN MULVANEY (Detective Police Inspector.) On 5th January I saw Heatley, and I and Butcher gave him instructions—I saw him meet Newport on the 5th, and go to "St. John's Gate Tavern"—on 11th January I saw Heatley and Newport go to 50A, Lincoln's Inn Fields—Heatley came out first, and Newport about ten minutes afterwards—I afterwards saw them in Great Queen Street, together—on 16th January I saw Heatley and Newport at "St. John's Gate Tavern," and again on the 19th—on the 20th I went to Messrs. Rivington, about 7 p.m., and saw Heatley—I searched him, and he had only a shilling on him—I marked two examination papers, and saw Heatley go with them to "St. John's Gate Tavern," where Newport joined him, and they went together to 50A, Lincoln's Inn Fields—Butcher and I stayed outside—Heatley was there about five minutes; I then heard the door open, and saw Heatley standing at the door, and Jerrard behind him, with some papers crumpled up—I said "Mr. Jerrard, I presume?"—he made no reply—I said "I am a police-officer, give up what you have got;" we had a short struggle, and I got the papers—I said "I am informed you have been inciting this man to steal these papers from his employer"—he made no reply—I said to Heatley "Have you received any money for this?"—he gave me eight sovereigns and four half-sovereigns—when we got to the second floor he desired some young gentlemen to go to his wife and say that he was locked up—I said "Who are those young gentlemen?"—he said "They are students"—I said "Then, you teach?"—he said "Yes."
Cross-examined by MR. GRIFFITHS. I have not ascertained that Jerrard is a B.A. of Magdalen College, Oxford; but that is on his card.
ALEXANDER RIVINGTON . I am a member of the firm of Gilbert & Rivington, of St. John's Square, Clerkenwell—we print the examination papers for the Apothecaries' Company—Heatley has been in our employment some time—in September, 1868, he made a communication to me—I gave him instructions, and through him communicated with the solicitor to the Apothecaries' Company—these papers were given to Heatley with my consent.
Cross-examined by MR. GRIFFITHS. They did not contain anything relating to medicine, they were the preliminary examination—Heatley never robbed us, to my knowledge—the papers are valuable to the Apothecaries' Company—we do not sell them, we only print them.
DR. JOHN CLEWIN GRIFFITHS , M.A. I am a Bachelor of Medicine, and one of the Special Board of Examiners to the Apothecaries' Company—before persons can become students they have to undergo what we term "An Examination in Arts" for the purpose of testing their general state of education—we had these papers printed for 1871, containing the subjects in which they will have to be examined when they come up for two days' examination, on Friday and Saturday, January 27th and 28th—I and the other examiners frame questions to test their knowledge, and the papers are sent to the Company, from the printer, carefully sealed—these papers produced contain the questions which the students had to answer on those two days—there are no medical questions here—these papers are distributed in the room when the students come up—they cannot become medical students without passing that or some similar examination at one of the Universities, they then can become registered as students—no person, except a registered student, can pass the medical examination—a register is kept at the Medical Council, which regulates everything.
Cross-examined by MR. GRIFFITHS. This is a very simple examination, such as any boy fresh from school ought to answer, but I am sorry to say that we have to reject 33 per cent.—I have never seen Jerrard before.
JAMES CLEMENT SERJEANT . I am beadle to the Apothecaries' Company—I know Jerrard as a tutor, popularly known as a grinder, or a coach—he has asked me to recommend him pupils, and gave me his card, with his address on it.
Cross-examined by MR. GRIFFITHS. I have known him as a coach, ten or twelve years, but not very intimately—I have known of his sending pupils for examination—I cannot say many—I think he has had some at each examination, but I know nothing about their success.
Re-examined. Two of his students, I think, went up on 27th and 28th January—they did not pass.
ROBERT BELL . I am clerk of the General Medical Council, Soho Square, and have the arrangement of the examinations—I keep a register of all students who pass the examinations—they are not entered on the students' list unless they have passed an examination in arts.
Cross-examined by MR. GRIFFITHS. There are sometimes two, and sometimes three examinations after this—to obtain a diploma, always two.
Newport received a good character.
JERRARD— GUILTY — Twelve Months' Imprisonment.
NEWPORT— GUILTY—Recommended to mercy by the Jury on account of his character — Two Months' Imprisonment.
MR. MOODY conducted the Prosecution; and MR. ST. AUBYN the Defence.
GUILTY of the attempt — Eighteen Months' Imprisonment.
THIRD COURT.—Wednesday, March 1st, 1871.
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution; MR. MEAD defended Butfield, and
WILLIAM WRIGHT (City Policeman 861). About 6.15 at night, on 1st January, I saw the two prisoners, in Aldgate, following a man named Day—I had seen the prisoners before that evening, and am quite sure they are the men—Day went into a public-house, and then the two prisoners went in—he was the worse for liquor—the prisoners came out, and waited half an hour till Day came out, and I watched them follow him into Leman Street—Pickett tripped him up with his foot, Butfield put his hand in his pocket, and they both ran away—I pursued them, and caught Butfield—he said "Pray don't lock me up, I will give the man all the money back I took" and he handed me 12s. 3d.; a crown, two half-crowns, a florin, and 3d. in copper.
Cross-examined by MR. MEAD. I was several yards behind the prisoners, at times, as they followed Day—they were in company with one another—they did not speak to him till they knocked him down—they ran from me, and I ran after them as fast as I could—I first saw them in High Street, Aldgate, about 200 yards from the public-house—Day passed the public-house first, and then turned back and went in, and the prisoners turned back as well.
Cross-examined by MR. COLE. I should say the prisoners remained in the public-house five or ten minutes—they did not go into any public-house before that—I had been watching them about a quarter of an hour—I stood outside the door, when they went in, and looked at them—I don't think they had been drinking much; I did not notice any mark of intoxication—Pickett tripped Day up; he was on Day's left side—Day was locked up the same night, and charged next morning with being drunk, and was fined 5s.—I did not see who picked him up, I ran after the prisoners.
ROBERT TWOSE (City Policeman 880). I was with the last witness on this night, and saw the two prisoners come out of the "Three Tuns" public-house—they waited outside about half an hour, till Day came out—they followed him to the corner of Leman Street; Pickett went on the left, and Butfield on the right of him—Pickett tripped him up, and Butfield put his hand in his trowsers pocket, and they both ran away—I caught Pickett—he said "It is not me, I am running after the thief"—I am quite sure they are the two men I saw waiting for Day.
JOHN DAY . I live at 13, Brydges Street, Covent Garden, and am a labourer—I had been drinking on the night of the 1st January—I saw the two prisoners in a public-house before I got to Leman Street—I did not see them again till I was thrown down, and the money taken from me—I had 13s. or 14s. in my pocket—I can swear I had a 5s. piece and a florin, and I ought to have had two or three half-crowns; I can't say about the
coppers—I was going to Rosemary Lane, where my friends lived—I was thrown down by someone, and Butfield put his hand in my pocket, to assist me, he said, and he took the money out—I called "Stop thief!" and that is all I know about it.
Cross-examined by MR. MEAD. I had some little drink—I don't recollect what took place in the public-house—I saw the prisoners there—very likely I was talking to them—I might have had some drink with them, I can't swear; I believe I paid for it—I was not betting with them.
Cross-examined by MR. COLE. The prisoners followed me into the public-house—I know nothing about them; they were not in my company—I can't say what time I was in the public-house; I had been in two or three public-houses—I was not staggering along the street—I could have gone home twenty miles if someone had not thrown me down.
BUTFIELD— Nine Months' Imprisonment.
PICKETT**— Five Years' Penal Servitude.
MR. DOUGLAS conducted the Prosecution.
THOMAS EVENDEN (City Policeman 449). About 8 o'clock, or a few minutes after, on 21st February, I was in Shoe Lane, Fleet Street—I saw the prisoner there, with a quantity of linen in her apron—I asked her what she had got—she said "I have some linen"—I asked her where she got it from, and she said she brought it from 6, Apollo Court, Fleet Street—I asked her to show me, and she did so; it was wet linen—I asked who they belonged to, and she said they were her husband's—from what I had heard, I did not feel satisfied, and I told her she would have to go to the policestation—I took her there, and she was asked what she had got, and said she had got some linen, the property of her husband, and she had got it from the Greenyard, Rosemary Lane—she was asked where she lived, in the Greenyard, and she said No. 14; there is no such number there—I afterwards went to Apollo Court, Fleet Street.
ALBERT GRAY . I live at 11, Neville's Terrace, New Street Square, and am a messenger—on the 21st the prisoner came to my lodging, about 7.30, and asked for the name of Mrs. Kendlesworth—I said "Who do you mean?"—she said "Your wife"—I asked what she wanted with my wife—she said "I have got a few things for sale"—I asked her what things they were, and she said "Some linen"—I said "Show me," and she showed me this linen, and said she wanted 5s. for it—they were all wet—I said "You had better walk with me," and I took her down Shoe Lane—I saw a constable, and communicated with him, and he took her into custody.
MART PURCELL . I am the wife of Joseph Purcell, and live at 4, Glass-house Street, Rosemary Lane—these things which have been produced were taken off the line about 6.15, on the 21st—I take in a bit of washing—the flannel drawers belong to my husband—the other things were left with me to wash.
Prisoner's Defence. A woman asked me to hold the bundle for her; she was quarrelling with another woman, and when the quarrel was over, I could not find her—I had had a drop to drink, or else I would have gone home—I was going down to my mother's, as I was very tipsy.
She also PLEADED GUILTY** to having been before convicted in June 1870.
Eighteen Months' Imprisonment.
MR. MOODY conducted the Prosecution; and MR. ST. AUBYN defended
EDWARD LATTER (City Policeman 728). On 31st January, about 6.30 in the evening, I was with constable Westwood, in Trinity Square, Tower Hill—I saw the two prisoners there, by the railings, leaning over something—we passed them, and I heard some pieces of wood being broken up—we went on about thirty yards, and then turned back, and I saw Bradley throw this chest over the railings—it was empty then—the two then ran away—we followed and caught them, and took them back to the place, where I found a sack, containing tea, and the empty case inside the railings—I took Bradley to the station, and Westwood took Sunshine—the place where I saw them is about 200 yards from the Great Western Railway Goods Depot.
GEORGE WESTWOOD (City Policeman 702). I was with Latter, in Trinity Square—I saw Sunshine and Bradley by the railings, leaning over something—I heard a breaking of wood—I went up to Sunshine—he had this sack on his shoulder, with something in it—he threw the sack in my face, and ran away—I followed, but could not catch him, and he was taken by another constable, a few yards away—I came back and picked up the sack, and found it contained tea—I took him to the station—he gave a name and address, which I found to be correct.
HENRY HOUGHTON . I am carman to Mr. Richard Chandler, a licensed carman, of 2, Tower Hill—on 31st January, I was driving ray van from Tower Hill to the Great Western Depot—I had four boxes of tea on the rail of the cart—whilst I was waiting to go into the railway-yard I noticed the cord had been cut, and one of the boxes was gone—I can't swear that this was the one I missed; it was like it; it was about 6.2 when I missed it.
Cross-examined. The number on this box corresponds with the numbers on the other boxes—I had not seen either of the prisoners that night—the first time I saw them was before the Magistrate.
Re-examined. The numbers of the boxes are on the card, and the card was on the next box to this—the card contains the numbers of all four of them, and the number of this one is amongst the numbers on the card.
GUILTY . They also PLEADED GUILTY to having been before convicted.
SUNSHINE**— Seven Years' Penal Servitude.
BRADLEY*— Eighteen Months' Imprisonment.
MR. MOODY conducted the Prosecution.
RICHARD RELF (City Policeman 308,). About 2.30, on the afternoon of 16th February, I was in Threadneedle Street, and saw the two prisoners standing in the doorway of the "Albion" public-house—I watched them—a gentleman passed them—the end of his handkerchief was hanging out of his coat-pocket, behind—the two prisoners followed him to Finch Lane; there Smith caught hold of the handkerchief—the gentleman turned round, as if he felt it—Adkins took it from Smith, and ran across the road, up Finch Lane—Smith turned to run up Threadneedle Street—I caught hold of him—he said "I have not got it, I have done nothing"—the gentleman ran after Adkins, and was pursuing him close behind—I went in the direction; but they were gone—I saw Adkins again on 21st February, at
4, Flower and Dean Street, with several others, in the kitchen—I said "Novice, I want you"—that is his nickname—he said "All right, what do you want with me?"—I said "That job in Threadneedle Street"—he said "All right, sir, has Scolcho rounded?"—that is Smith's nickname—he said "He asked me to go out to work with him, and I tried to get the handkerchief; but I was too clumsy; the old swell ran after me; but I got away from him."
Adkins Defence. I saw a gentleman come up Threadneedle Street, in a carriage, and I went up to ask him if I should hold the horse, to get a couple of halfpence, and he said "No," and me and Smith began to lark together; he shoved me, and I trod on a gentleman's heel. He tried to hit me with his umbrella, and I ran away.
Smith's Defence. The constable came and took me to the station; he did not ask the gentleman whether he had lost his handkerchief. I know nothing about any handkerchief.
GUILTY . SMITH**— Six Months' Imprisonment and Three years in a Reformatory. ADKINS**— Twelve Months' Imprisonment.
NEW COURT.—Thursday 2nd, 1871.
Before Mr. Common Serjeant.
MESSRS. F. H. LEWIS and HORACE BROWN conducted the Prosecution; and
MESSRS. THORNE COLE and KEEBLE the Defence.
WILLIAM JOHN FLEWSTER (City Detective.) I have been for four or five months watching Messrs. Defries' premises, in Houndsditch—I know the prisoners—the two Hodges are in partnership in Norfolk Gardens, Shoreditch—I have also had those premises under observation—on 28th October I watched Messrs. Defries' premises from 7.45 in the morning, with George Blanchard, up to a little before 9 o'clock—Harvey came there at 8.5 and about 8.58, or 8.59—a truck came out of the import warehouse on the right hand side of Gravel Lane, with two crates of goods and an empty hamper on top of them, in charge of a man in Hodges' employ—I made a memorandum at the time of the marks on the crates; one was "Diamond G 1025"—the other was defaced as if it had been rubbed out—I could not distinguish any letter or number—I followed the truck to Hodges' place, and it was taken into their yard—Blanchard accompanied me as far as we dare go—I communicated with Sutton, a metropolitan policeman, who was on duty, and then returned with Blanchard to Gravel Lane—about 11 o'clock on the same morning I saw the same man with a barrow come to Messrs. Defries' warehouse—he took another crate out marked "Diamond G 1207," and I followed him to Hodges' place, the same as before—just before the barrow came out I saw Harvey standing on the pavement opposite the export warehouse in Gravel Lane—the import warehouse is on one side, and the export on the other—he was near the door at which the truck came out, at the time it came out, but on the opposite side of the way—at about 1.20 we saw Harvey come from "Polly's" public-house, next door to Messrs. Defries—we followed him to Hodges'—he returned from there at 1.50, and got to the prosecutor's about 2 o'clock—at 9 o'clock the same night I saw Mrs. Hodges at the warehouse, and saw Harvey come out of the prosecutor's
warehouse—I followed him to the "George," in Fenchurch Street, where he was met at the bar by the female prisoner—they remained there about ten minutes, and then came out and walked arm in arm up Leadenhall Street, talking—they turned down Bishopsgate Street, and went into the "Black Bull"—I went in at the other side of the bar, to watch them, and saw Mrs. Hodges put something into Harvey's hand—I could not see what it was—I followed her to Shoreditch; she took a bus—next day, the 29th, Saturday, I watched Messrs. Defries' promises—Harvey arrived at about 8.5, and about 10.50 I saw a crate come out on a barrow, drawn by the same man—the crate was marked "Diamond G," but the number seemed to be obliterated; all I could see was "539," which did not appear to be the whole number, but we could not get near enough to see what the number was, which was defaced—I followed it to Hodges' place, and it was taken into the yard, where Mrs. Hodges. and her son were—they both helped to it unload—their yard is a very awkward place to see well; but I saw John Hodges take some glass moons out of the crate; he had four in each hand; he followed me up behind, and I went round into Shoreditch—he took them into the "Fountain" public-house—on 31st October I saw Harvey at Hodges' place, about 1.15 p.m.—he was there about twenty minutes, and went into the "Fountain" with John Hodges—on Friday, 4th November, I saw the three prisoners in the "Nag's Head," Houndsditch—John Hodges fetched Harvey from the warehouse, and Mrs. Hodges was there—Harvey went in, and I followed into the private bar, on the other side—Mrs. Hodges had some gin, changed a sovereign, and gave Harvey a half-sovereign, a florin, and a sixpence—Harvey then spoke to her; but I could not catch the words; she then changed another soyereign, and gave some more silver to Harvey, I cannot say how much—Blanchard was in the bar—on Friday evenings Mrs. Hodges used to come at 6.30 or 7 o'clock, and wait till Harvey joined her, and John Hodges used sometimes to be in their company—that went on on Friday evenings, up to 3rd February—on Friday evening, 3rd February, I took Harvey outside the "City Arms," Heneage Lane, and saw the other two prisoners taken at the same time; they were all together—I said to Harvey "I hold a warrant for your apprehension, for conspiring, with other parties, to defraud Messrs. Coleman Defries, and others; the warrant I will read to you at the station"—going along he said "I do not know anything about it; this is done out of spite; Bill Lane has split on us"—I searched him at the station, and found 1l. 10s. 6d., among which were three shillings, which I had marked that afternoon, and given to Mr. Norton, at Mr. Defries' house, to be paid to Mrs. Hodges—I afterwards went to 11, Manor Road, South Bermondsey, where Harvey lived, and saw his wife—I searched the premises, and found the articles mentioned in the list "No. 1"—I also went to 4, Boundary Court, Shoreditch, where the Hodges lived, and found the property specified in list No. 2," in John. Hodges' room, and in Mrs. Hodges' room what is in list "No. 3."
Cross-examined by MR. COLE. I had the prosecutor's premises continually under my notice for four or five months, always all day, and sometimes all night—the premises are extensive—I never went inside Hodges' gates—I saw the same man take goods to Hodges & Sons on many occasions during the four months; sometimes four or five times a day, and sometimes he did not come at all—the crates are not here—they were about 5 ft. long, 3 ft. deep, and 2 1/2 ft. wide—these moons were taken out of them, and I informed Messrs. Defries of it the next day—I have seen two or
three other persons employed to remove goods, by Hodges & Son, from Messrs. Defries, to their place—I saw a man from Hodges on 28th October—I do not know his name—I saw him last on 8th November—I left Messrs. Defries for three weeks, then—I did not watch for three weeks—I have not seen him this year, I should like to see him—Hodges premises are part of a warehouse—I took possession of them—I saw two hands employed there—I communicated with nobody but the Messrs. Defries.
Re-examined by MR. LEWIS. I made this report in writing (produced) to Mr. Henry Defries, and he went down to Birmingham and Staffordshire, after which Mr. Coleman Defries took up the matter.
RICHARD BLANCHARD . I am a porter, and was employed by Flewster to assist him in watching the prisoner's premises—on 28th October I saw two crates taken away from the warehouse, on a barrow, by a person who I knew as coming from Hodges—I took the number of one, the other was rubbed off—before they went out I saw Harvey cross from the warehouse to the opposite side of the road; I also saw the things taken on the 29th from Defries, by the same man, to Hodges.
Cross-examined by MR. COLE. Flewster very frequently employs me as policeman's tout, if you like.
AMBROSE SUTTON (Policeman G 291). On 28th October I was on duty at Norfolk Gardens, and saw two crates of goods taken into Hodges' premises, on a barrow—I took one number, "1025 Diamond G;" the other one was obliterated either by paint or lamp-black—I afterwards saw another come, "No. 1207 Diamond G;" and next day another crate was brought by the same man—"Diamond G 5391," but the "I" was rather distant from the "9;" at the end of that was "10," and something was painted out.
Cross-examined by MR. COLE. It was a spring barrow.
Re-examined by MR. LEWIS. I knew that barrow in Hodges' possession before 28th October.
COLEMAN DEFRIES . I am one of the firm of Defries & Sons, glass manufacturers, Houndsditch—Harvey was our time-keeper and warehouseman between six and seven years—his wages were 25s. per week—the other two prisoners have been employed by us some years as glass-cutters, working on their own premises some distance from our manufactory—it was Harvey's duty to give out the goods to the Hodges to cut, and to report the fact to Mr. Abrahams, who entered them in a book kept for the work people—I do not attend to business on Saturdays, nor do I allow any member of the Jewish faith to attend—there is a book called the Saturday book, in which it was Harvey's duty to enter all business done, and to give it to me on Monday mornings—none but very urgent business is done on Saturday—he delivers it to our clerks, and it is laid on my desk on Monday mornings—whether it is in the week or on Saturday, it ought to be entered by Harvey in the unpacking book—"Diamond G" is our private mark—the manufacturer would make globes for other people, but they would not go out as "Diamond G"—all the crates are delivered at our warehouse numbered—no crate can go out lawfully with the number obliterated; every crate is numbered clearly—when a crate goes out, its number ought to be entered in the unpacking book—here is an entry on 28th October, of crate 1207, but not of 1025 on the same day—no other create marked "Diamond G" is entered as going out that day—if crate 5391 went out on Saturday, the 29th, it was his duty to enter it here, but here is no such entry—no crate is entered on that day to Hodges—this crate (produced) contains what are called jet moons; this is
one of them (produced)—there was no urgency to send out a crate of them ou Saturday to be cut—our crates are consecutively marked; our highest number is 2257—we had no number in our stock, 5391; that must have been a false number—we miss between twenty and thirty crates, marked, "Diamond G" each of which contains from 176 to 208 moons—I have the invoices of all these crates—No. 1025 contained 208 moons—we rely on the manufacturer that the number is there—Harvey was watchman in the day—we have a night watchman—ho had access to every room—one or two Jewish people are there on Sundays to attend to the books, nothing else—it is a strict rule of our house not to sell goods to anybody in our employment—a manufacturer only supplies wholesale—we deal in decanters of this pattern (produced)—they are worth 8s. 2d. each, retail price—it is our own pattern—these liqueur glasses are 23s. per dozen—the wine glasses, liqueur glasses, and tumblers, are all our pattern, and they were all found at Hodges'—there was a service of glass there fit for any nobleman's house—this pattern is supplied to no other house in London—this pattern mustard pot has only been out a few weeks; it is called the "Belle Size," because my brother lives at Bellsize Park—I found patterns corresponding with these at Hodges' house.
Cross-examined by MR. COLE. I found nothing else at Hodges'—when articles are accounted for, we do not make inquiry who each particular customer is—I always found Harvey an honest, well-conducted, respectable man, but he came under my notice very seldom—we sent a great many things to Mrs. Hodges and her son, to cut—they have worked for us for a number of years—we have an establishment, and we have stores; they are opposite each other; there are about 100 yards between them—our employes are sometimes in one place, and sometimes in the other—we employ over 100, but every one has their own department, and their own foreman—the crates are marked at the manufacturer's—we have three floors, which are generally pretty full of them—we keep a special account of the goods sent to Mrs. Hodges.
HENRY ABRAHAMS . I am warehouseman to Messrs. Defries; it is part of my duty to deliver out goods to glass-cutters—I am at the warehouse every day except Saturday—if any goods are delivered on Saturday, it is Harvey's duty to enter them in the books—on 28th I find that Harvey reported to me a crate marked "Diamond G 1207," as having left the premises that day—I entered that report in the book—he did not report two other crates which left the premises that day—I do not know of three crates going to Mrs. Hodges in any one day—it was my custom to require from Hodges, from time to time, a statement of the goods belonging to my employers, which they had in their possession—on 31st October I received from John Hodges in his mother's presence, a statement of the goods they had in their possession—I read it over to them, and entered it in the out and in book—John Hodges signed the statement, by which they report to have 220 jet moons in their possession—they have not accounted for three crates going out in one day, or for the contents of the crates found to be missing.
Cross-examined by MR. COLE. The crates are kept in a warehouse—I have the keys of what we term the coach-house, which is the lower part, in the day time—Mr. Ball has charge of the other part; he is not a Jew—I keep the account of the goods sent to Hodges & Son, and brought back again—I being absent on Saturday, Mr. Ball would have sole charge of the keys of both warehouses—I have no knowledge of what goods were sent out
on Saturday; I was absent—things specially requested would be done on Saturday, although business was suspended—my duty was from 8 a.m. to 8.30 p.m.—I was not so late as that in October—I should leave on 28th October at about 4 o'clock in the afternoon—these crates contain globes only; decanters and glasses would not be in crates of this description—things are not sold sub rosa to the servants, to my knowledge—I became aware that detectives were watching the premises three or four weeks before the prisoners were taken.
Re-examined by MR. LEWIS. I took an account of all goods sent to Hodges; that is, if it was reported to me by Harvey—if Harvey had come to me for the keys, I should have handed them to him, and Ball would have done the same.
JURY, Q. Under whose special care was the unpacking-book? A. Harrev's; it is my book, but it is his duty to enter goods in it as they go out—here are entries of several people in this book; but not of this class of goods—this is the book containing entries of goods taken out of stock, and un-packed—it is kept in the unpacking shop—there are, very likely, entries in my writing in it, of the sending out crates containing these goods; whoever superintended the entering or sending out, would have to make the entry—if I sent out a crate I should enter it, like any other person—I should not see all goods go out; they go from across the road quite away from the other premises.
MR. COLE. Q. Are you continually on the premises? A. No, I am in my office—if Harvey wanted the keys, to put goods in, I should give them to him.
CHARLES THOMAS BALL . I am in Messrs. Defries' service—I keep the keys of a portion of the premises where crates are kept—if Harvey or Abrahams came to me for the keys, I should give them; but to nobody else—those were my instructions.
Cross-examined by MR. COLE. Mr. Abrahams kept the keys of the upper warehouse, and I had the keys of both warehouses on Saturday; but sometimes I was over on the other side—I recollect Saturday, 29th October—no communication was made to me by the police at that time—I got to know that the police were employed two or three months before the prisoners were given in custody—I remember 29th October very well—I should have the keys then; but I should not have them on one Saturday more than another—I cannot say whether I handed the keys to Harvey that day—the yard was washed down between 10 and 12 o'clock—that would be, I believe, the only time the gate was opened on Saturday—I live at the warehouse.
ANTONY WILSON MONGER (City Detective.) I saw all the prisoners come out of the house together—I told Mrs. Hodges I had seen a warrant for their apprehension, for being concerned, with a person named Harvey, in stealing goods from Messrs. Defries—she said "It is Hill Lane is trying to put us away; but it is all spite"—John Hodges said "Mother, don't say anything more"—I cautioned Mrs. Hodges in the usual way, and asked her if she had given Harvey any money in the public-house—she said that she had not—I took them to the station, and next morning Mrs. Hodges said "What money I gave to Harvey I owed him."
Cross-examined by MR. COLE. I know Bill Lane—I do not know whether he was in Messrs. Defries' employ.
MR. COLE to C. DEFRIES. Q. Do you know any person named Bill
Lane, in your employ? A. Yes, formerly; but be baa been discharged some years.
The prisoners received good characters.
GUILTY. Recommended to mercy by the Jury, on account of their characters .— Five Years' Penal Servitude each .
Before Robert Malcolm Kerr, Esq.
MR. BRINDLEY conducted the Prosecution.
JOSEPH PURCHLL (Policeman R 275). On Friday, 27th January, about 8.30, I was in Deptford Road, Rotherhithe, and saw the prisoner carrying a bundle under his arm—I looked at it, and followed him for about 200 yards—he saw me, and quickened his pace—I found I could not overtake him by walking, and as he turned the corner of the Union Road I commenced to run after him—he looked round, saw me running, and he ran, too, and threw the bundle he had into the road—we ran about eighty yards, and he suddenly turned into a very dark turning—I was about six yards behind him—as I turned into the court I saw him standing in the gateway—coming from the main street, where it was very light, into this turning, it was rather dark, and I could not see as well—I tapped the man on the shoulder and said "Where has that man run to?"—his back was towards me at the time—he said "Down there"—he turned his face towards me, and I recognized him us the man I was pursuing, and I told him so before he had finished telling me the question I had asked him—I took him into custody—a boy handed me the bundle afterwards, and it contained these things (produced).
Prisoner. Q. What part of the Deptford Road was it that you saw this party go by with a bundle? A. By the workhouse—I was standing right opposite the lamp over the workhouse gate—you came close by me on the pavement—the boy who picked up the bundle is not here—he could not recognize you.
Re-examined. Mr. Garner's cottage is about a mile from the Deptford Road—he was coming from that direction.
CHARLOTTE GARNER I am the wife of Charles Garner, and live at 2, Westley Cottages, Deptford—on Friday night, 27th January, I missed these articles from the line—they had been put out to dry—I saw them safe between 7 and 8 o'clock.
He also PLEADED GUILTY to having been before convicted, in December, 1855.**— Ten Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. BRINDLEY conducted the Prosecution; and MR. ST. AUBYN defended
walking from the Deptford Railway Station to my lodging at the corner of Church Street—I saw Lockland with four or five others, and I inquired the way to Church Street—he said "That is the way," and pointed—he then pushed me down another turning, put me on the ground, and got on the top of me—the other men rifled my pockets, and pulled all my clothes to pieces—I can't speak as to the other prisoners at all, only Lockland—I had in my pockets a pair of spectacles, seven pawn-tickets, some small keys, and a purse and 3s.—they were all taken from me—when I was on the ground they turned me on my head, and all the things I had in my pockets came out—the witness Ballard called out of a window, and laid "You come tomorrow, and I will tell you who they are"—the men then ran away—I met a policeman at the corner of the street, and told him—I saw Lockland about ten minutes after in the street, and I gave him into custody—I have not recovered any of my property.
Cross-examined. I did not know Ballard before, or Lockland—I had been in London all that evening—I had been to my lodgings to get my clean things, and I came down to Deptford to go to work in the morning—the window which Mrs. Ballard looked out of was about seven or eight feet from the ground.
ELIZA BALLARD . I am a widow, and live at 3, Stanhope Street, Deptford—on Sunday night, 5th February, I was in bed—I was awoke by hearing a noise in the street—I went to the window, and opened it—I saw the prosecutor lying on his back on the pavement, and Lockland on him, Mullins on one side, and the Doctor on the other—Smith goes by the name of the Doctor—I knew them all well—I have known Mullins from a child—he kicked the prosecutor three times, and I halloaed from my window "Oh, Mullins, what a shame"—he said "If you come down I will serve you the same"—Smith said with an oath "If you don't put your head in I will break your windows"—Lockland then got hold of the prosecutor's feet, and the other two by his shoulders, and turned him up on his head, and shook him, and the things fell from his pockets—the men who are not in custody were groping about for them—they stood the man on his feet against the wall, and one took his hat up and put it on his head—they all went away then—I spoke to the man before they went away—after they left the prosecutor went away, and Mullins and Smith came back to the place with two others, and searched on the ground, and in the gutter—they were talking about a half-crown—there was a woman named Margaret McKenzie with them—the Doctor and Margaret McKenzie went in next door to where I live, and the others went down the street—I have lived in Deptford all my life, and keep a fruit stall in the Broadway.
Cross-examined. There were six or seven men there that night—I knew them all—I gave information about them all—the others are out of the way.
JAMES SUMNER (Policeman R 152). I met the prosecutor about 11.50, on the Sunday night, in High Street, Deptford—he said he had been knocked down and robbed, and I went into Stanhope Street with him, and saw a group of men—he picked out Lockland at that time, and gave him in charge—the other prisoners were in the group—he did not identify them—I took Mullins on the following night, about 1 o'clock, from information I received from Mrs. Ballard.
lying on the bed, with his head covered up—I saw a woman by the fire, and I asked if the Doctor was there, and she said "No"—I said "Who is that?" she said "My brother-in-law"—I pulled the cover off his head, and found it was Smith—I took him to the station, and charged him with knocking the man down and robbing him—he said he knew nothing about it.
Mullins' Defence. I went to the Greenwich Station that day, and asked what my name was mentioned for, and the constable said "I have been looking for you, for robbing this man;" and Mrs. Ballard said "Yes, that is one of them." I know nothing of the offence at all.
Smith and Mullins were further charged with having been before convicted; Smith in December, 1868, and Mullins in April, 1867, to which they PLEADED GUILTY.**— Seven Years' Penal Servitude each.
LOCKLAND— Eighteen Months' Imprisonment.
THE COURT ordered a reward of 2l. to be given to Mrs. Ballard.
MR. BRINDLEY conducted the Prosecution.
THOMAS NEVILLE HOPKING . I live at 50, Princes Road, Plumstead—on 19th March, 1870, I kept the "Prince of Wales," beer-shop, Plumstead Common—the prisoner slept there that night, in the same room with me—when I awoke in the morning he was gone, and I missed my watch and chain from the side of the bed, a clock from the best room, two or three waistcoats, a cigarholder, and other articles—I knew the prisoner before, he had been in the habit of using my house; he had been in the Military Train—I could not meet with him till three weeks ago, when I saw him in Herbert Road, Plumstead, in the Artillery uniform, and gave him in custody—the watch and chain (produced) are mine; they are worth 3l. 10s.; the clock was worth about 2l.
Prisoner. I never slept at your house at all. Witness. You did; you slept in the same bed with me.
ELIZABETH EMMA HOPKINS . I am a daughter of the last witness—I recollect the prisoner sleeping in the house, on 19th March—I got up next morning, at a little before 8 o'clock, and saw him in the scullery—he did not speak to me, nor I to him—I saw him go out at the side door, with a white parcel under his arm—he did not come back—he had slept two nights in the house—I did not see him again till he was in custody—I missed the clock; the bundle was large enough to hold it.
Prisoner. I never saw the child at all; I was not there. Witness. I am sure you are the man.
WILLIAM CLIFF . I keep the "George," George Court, Strand—up to September last the prisoner was my potman—when he left there was 1l. due to me, and he gave me this pawn-ticket (produced) of a watch, pawned at Mr. Vaughan's.
JAMES MARGETSON (Detective Officer). On 9th February I took the prisoner—he was serving in the Royal Artillery—in consequence of inquiries I went to Mr. Cliff's public house, and he handed me this pawn-ticket—I then went to the pawnbroker, who produced the watch.
Prisoner's Defence. I slept in London on 18th March. I took a lodging at King's Cross, and about April I bought this ticket for 5s., and got the watch out from Brown's, in Cranbourne Court. I pledged it again in September, at Mr. Vaughan's. I used to use Mr. Hopkins' house, and I thought he was still in the public line. I was quite surprised when this charge was brought against me. I left the Military Train with a good character.
GUILTY *— Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. BRINDLEY conducted the Prosecution.
AGNES NEWARD . I am servant to Mrs. Annie Gordon Chamier, of 7, Woodland Villas, Blackheath—on Tuesday night, 7th February, I went to bed a little after 10 o'clock, leaving the windows and doors properly fastened—the next morning, a little before 7, I found the kitchen door open, and a basket, which was under the table when we went to bed, was pulled out, and all the things on the floor—the breakfast-room door was open; it was closed the night before—a pane of glass had been taken out of the scullery window—I had fastened it over night; the next morning it was shut down, but unfastened—a person could get in by taking out the pane of glass, and opening the window, and getting through the bars—the bars are about 7 inches apart—I missed two cloaks, two pairs of boots, a jacket, an umbrella, a ring, a locket and chain, some stamps, and a mustard pot—this is the umbrella (produced)—the locket and chain belong to my fellow-servant, Ann Parkinson, the basket and other things to my mistress, and one pair of boots, a cloak, and the ring are mine—the value of my mistress's property is about 12l. and the other 2l. or 3l.—the door of the landing leading up stairs was locked, so that they were only in the lower part of the house—an old table knife was found at the scullery window, which did not belong to the house.
Prisoner. Q. You did not see me anywhere there? A. No, not during the robbery—I have seen you come to the door to buy bottles more than once.
HANNAH JONES . I am single, and live at 1, Richardson Place, Church Street, Greenwich—I live with the prisoner and his sister—about 11 o'clock on 8th February, the prisoner came in—I was up stairs at the time—when I went down I saw him—me and his sister noticed this ring on his finger—his sister told him it was not a tit thing for him to wear, and we tried to force it off his finger—a young man in the house at the time forced it off and gave it to me—he said it was his mother's ring, and he was going to get it altered—I gave the ring to the police officer.
SUSAN ISTED . I am the wife of John Isted, and live at 2, Roan Street, Greenwich—the prisoner lives opposite to me—I have seen him go in and out very often—I keep a greengrocer's shop—he came to my place before 8 o'clock on the morning of the 8th—he was standing in the shop, with a basket on the floor—he asked me if I had any tea—I am in the habit of making tea for lads that go to work—I said it was not quite ready, and he went out—that clothes basket is the one he had with him—his sister came for it a little while after, and I gave it to her.
had received information about 11 o'clock, that a burglary had been committed there—on my way there, with two other detectives, I met the prisoner in the Greenwich Road—I stopped him, and told him there had been a burglary committed, near Mr. Angerstein's estate, somewhere on Blackheath, but I could not tell him the name of the lady or the address at that time, but I should take him to the station, where he would remain a short time, and probably, after that, I should charge him with the burglary—I afterwards searched him, and found this gold locket and chain round his body—I told him to pull off his coat, and he did so; I searched it, and said "Now pull off your waistcoat, and he pulled this from under his shirt, and said "Well, you may as well have it"—I went to 2, Roan Street, where he lives with his mother, and saw a female, who was discharged by the Magistrate—I searched the house with Osborn and Barry—I found this umbrella and this cloak, and the other articles were found "by the other officers—I got this basket from a little girl named Kemp.
Prisoner. When you came up to me, did you say you would charge me with burglary? Witness. I told him I should take him to the station—he became so violent I had to get assistance—I afterwards went back to the station with this umbrella, and told him I had found it, and the whole of the other property, at his mother's house, and he said he knew nothing about it.
WILLIAM OSBORN (Policeman R 125). I went with the last witness and another officer to 2, Roan Street—I there saw the prisoner's mother, in a back room on the first floor—I saw a box on the head of the bed, and in it I found two waterproof cloaks and a mustard-pot.
WILLIAM BARRY (Policeman R 141). I helped to search the house, and found this overcoat in the back room—I went back again after, and I saw a small three-cornered cupboard, with the door turned to the wall—I turned it round, and found two pairs of boots in it—I met the witness, Annie Jones, next morning, and she gave me the ring; I asked her for it.
Prisoner's Defence. On the 8th of this month I was going to Plumstead for a job. I saw a basket lying between some furze on the heath. I picked it up, and carried it home to my mother's place, and put the boots in the cupboard, and the umbrella on the bed. My clothes-box would only hold the two small coats. Do you think if I had stolen the property I should have kept them four hours in my mother's house? and when the policeman came and caught hold of me, I was not more than 200 yards from the station, where I was going to give information. I want to know what proof they have, to charge me with the burglary. I was down the town after 11 o'clock, and I can call my sister, and the young woman that was with her, to say that.
GUILTY **— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. STRAIGHT and HORACE BROWN conducted the Prosecution; and
EDWARD ROBERTS . I keep the "Dundee Arms," St. John's, Horselydown—on 28th January, I served the prisoner with some beer—he tendered a florin—I bent it, and gave it back to him, saying that it was bad—he said that he did not know it, and paid me with good money.
EDWARD ERRINGTON . I keep the "Fountain," New Street, Horselydown—I served the prisoner with some cooper—he gave me a florin—I said "This is bad"—he said "Is it?"—I said "Yes, you know it is"—I threw it on the counter; he picked it up, and gave me a good crown—I said "Do not you attempt to pass this, if you do you will get into trouble"—he took it away—the "Bricklayers' Arms" is between 200 and 300 yards from my house.
Cross-examined. Cooper is stout and porter; we mix them together—the prisoner had been drinking.
JESSE HANSCOURT . I assist Mr. Swinyard, at the "Bricklayers' Arms"—on 31st January, a little after 2 o'clock, I served the prisoner with a glass of cooper—he gave me a florin—I kept it in my hand, and gave it to Mr. Swinyard, as good—he was just leaving when Mr. Swinyard came out.
JAMES SWINYARD . I keep the "Bricklayers' Arms," Parker's Row—on 31st January the last witness brought me a florin; I tried it, threw it on the counter, and the prisoner took it; he was just leaving—I called him back, and told him it was bad; he said "Oh, is it?"—I bent it and defaced it—he put it in his pocket, and I saw him give it to the prisoner—I gave him in charge.
JOHN DINNING (Policeman M 46). I took the prisoner—he gave me this florin when we had gone fifty yards—I called Thorne, as the prisoner would not go any further, and wanted a cab—he assaulted Thorne—I found on him, at the station, a half-crown, shilling, sixpence, and 5 1/2 d., good money.
He was further charged with having been convicted of housebreaking.
RICHARD KEMP . I am warder of Wandsworth House of Correction, Wandsworth—I produce a certificate. (This certified the conviction of John Norris, at Newington Quarter Sessions, in July, 1869, of housebreaking, and stealing 3l. 5s., and that he was sentenced to six months in Wandsworth Gaol). The prisoner is the man, I am positive of him.
Prisoner. Q. When did I come out? A. In January, 1870—your conduct was too bad for me to make any mistake—you were "C 1. 17"—you assaulted one of the warders, and behaved in a most refractory manner—you were flogged once, if not twice.
GUILTY. Eighteen Months' Imprisonment.
MR. KEEBLE conducted the Prosecution; and MR. STARLING the Defence.
EMMA SOYER . I am the wife of William Henry Soyer, a plumber and painter, of 200, Walworth Road, which is Mrs. Rumball's beer-shop—on 6th February I was in charge of the bar—I took Mrs. Rumball's grandchild up to bed at 10.30, went into my own room, and then found Mrs. Rumball's
bedroom door open, which faces mine—I said "Who is there?" two or three times—the prisoner Edward then came to the door, and said "I want John, I am looking for John"—I said "Oh dear, John is not here, and this is not the place for you; you have no business here"—he said nothing—my husband came up and asked what was the matter—I said "Here is Ted in Mrs. Rumball's bedroom"—my husband handed him down stairs, and came up again—Mrs. Mott, a lodger, was with me—I then heard a noise in Mrs. Rumball's bedroom—my husband went in with a light—I went to the door, and John Tossell was standing at the foot of the bed—my husband said that he did not give him credit for that; why did not he go elsewhere—he said "What am I to do, I am starving f—a constable was fetched, who took him out of the room—Edward was then down stairs, and when he found that John was taken, he ran away.
Cross-examined. I knew them both before—they had not been working in the cellar in the course of the day—Edward had a pot of beer in the house that day, which he did not pay for—they frequented the house, and were there at 7 o'clock—they were, I believe, as sober as I am now.
COURT. Q. Supposing they were in the house drinking, how would they get up stairs? A. The house is double; the front door leads into a passage, from the street-door; on one side of that is the bar, and on the other is the billiard room—the stairs start from opposite the street-door—they could get from the bar to the passage; but they had no business to do so—they had no right up stairs.
MR. STARLING. Q. Were they in the billiard room? A. I do not know, I was in the bar.
SUSAN RUMBALL . I am a widow, and keep this house, 200, Walworth Road—on 6th February I left Mrs. Soyer in charge of the house, about 7.20—I locked my bedroom, and took the key in my pocket—I returned about 11 o'clock, and found my door open—I cannot tell whether it had been picked; but I can lock it now the same as before.
Cross-examined. I know the prisoners as customers, and have employed them to do a job—I had not employed them that day—I saw John at the station—I did not observe that he had been drinking—I never go out without locking my door.
JOHN DOLLING (Policeman P R 13). On 6th February John Tossell was given into my custody, in Mrs. Rumball's bedroom—I asked him how he accounted for being there—he said "I don't know, I suppose I was not up to much good."
COURT. Q. Did you find any key on John? A. No, nor any picklock; but Edward was not taken till two days afterwards.
JOHN TOSSELL received a good character. NOT GUILTY .
247. GEORGE SIMONS (30) , Stealing 23 lbs. of soap, 26 lbs. of candles, and one lamp, the property of Samuel Prince Catterson ; and MARY ANN THOMPSON (40), Feloniously receiving the same property, knowing it to be stolen.
Upon the evidence of JOHN ROWLAND GIBSON, surgeon of Newgate, the Jury found GEORGE SIMONS of unsound mind, and unable to plead . Ordered to be detained during Her Majesty's pleasure.
MR. BOTTTOMLEY, for the prosecution, offered no evidence against THOMPSON.
NOT GUILTY .
248. THOMAS KNIGHT (28), PLEADED GUILTY to unlawfully obtaining, by false pretences, 1l. 10s. from Barnard Benjamin Dowling, and 5l. from James Davis, with intent to defraud, having been before convicted in August, 1869.**— Five Years' Penal Servitude.
MR. BRINDLEY conducted the Prosecution; and MR. DE MICHELE the Defence.
JOHN PEARSON . I am a labourer, and live at Hammer Street, Rotherhithe—on 29th December I went to the "Ship Tavern," Rotherhithe, about 5 o'clock—the prisoner was there, a man named Aldridge, and Thomas Wallis, who keeps the "Ship"—I am not aware that James Holden was there—I had some beer with Aldridge—the prisoner was in the next compartment—he asked me if I was after any cheap beer, and I said "No, what beer I have I can pay for without any grumbling"—ho said "No, you can't, you monkey"—I said "Don't call me a monkey any more, not in here"—he said "Come here," and beckoned to me—I went and asked him what he wanted—he said "Nothing with a thing like you"—I then hit him in the face, and then on the head; two blows—he said "What do you mean by that?"—I said "What you like, go on with it, if you like"—he said "I will go on with it," and he struck me in the belly—the blow hurt me—it cut through my trowsers, and went into my flesh—Wallis said "Stevens, you have stabbed that man"—I then took the prisoner by the nose, and the hair of his head, and pulled him out of the place—I was afterwards taken into another room, and my trowsers were unfastened—I found I was bleeding, and I went out of the room—the wound did not bleed much at first, but I bled wonderfully afterwards—I was in the hospital five weeks, under the care of the surgeon—my shirt was cut as well as my trowsers.
Cross-examined. The prisoner and I worked together at the Surrey Gas Works—I had been in his company very frequently previous to this evening—we were on the very best terms—on this evening, before the occurrence, we were on good terms—I went into the public-house with the prisoner, and Aldridge, and another man named Spencer—we all left work together—the quarrel arose soon after we got in—we had not been into any other public-houses that evening—we were both the worse for liquor—there is a door leading from one of the bars—I don't know that the bolt was out of order—I did not see the prisoner use a knife for any purpose—I never saw him doing anything to the bolt with the hook of a knife—he was in one bar, and I was in another—he asked me to come into the next bar, and I went in—I struck him two blows then, one on the face, and the other on the head—he was standing up against the bar, sideways to me—he turned, and came at me like that—he made a lunge at me, the same way as a man would strike a blow—after that I seized him by the hair, and pulled him by the nose—I will swear that the wound had been inflicted at that time—he pulled my hair as well—there was a general scuffle—I did not discover I was wounded till I got into the other room—I never saw the knife in his hand—when I got outside I went oft' to the doctor's as fast as I could.
JOSHUA ALDRIDGE . I live at 1, York Place, York Street, Rotherhithe—on 29th December, about 5 o'clock, I was in the "Ship" Tavern, with the last witness and the prisoner; we all worked together—I had a pot of ale
—I did not hear the beginning of the disturbance, but I heard Pearson say that he would punch the prisoner in the mouth if he said that again—what he said I don't know—the prisoner said "You had better come and do it then, "with that he goes round and opens the door, and gave him a shove, and asked him what he meant, and he said anything he liked, and with that he punched the prisoner in the mouth, and struck him a second blow on the ear—Mr. Wallis, the landlord, said he would not have any bother in his house—the prisoner said he did not want to fight at all, and the prosecutor went up and shoved him in the chest, and said "Alter it, if you like"—the prisoner said "I will alter it, then," and made a plunge at the lower part of the prosecutor's stomach—the landlord said "Jack, you have stabbed that man"—he said "No, I have not"—I saw the prisoner draw back from Pearson, and he drew his hand up his thigh, as if he put something in his pocket—I did not see what he had in his hand at that time, but I had seen a knife in his hand some time before—the prisoner and another workman were larking together at this door—it was unbolted, and the prisoner said "Stop, I will soon fix him," and he opened a kind of hook at the back of the knife, and tried to slip the bolt, to bolt the door, but he could not—that was about three minutes before the quarrel took place—there was not much blood from the wound at first; there was afterwards—after I saw the wound I went and said to the prisoner "Jack, what have you done that for?"—he said "What have I done?—I said "You have stabbed him"—he said "No, I have not"—I said "Yes, you have"—he said "If I have done anything it was with the hook you saw me trying to slip the bolt with, I never opened either of the blades of the knife"—I took Pearson to the hospital—they were both the worse for drink—the prisoner was worse than Pearson.
Cross-examined. They were perfectly good friends on this evening, before they went into the public-house—the prisoner only struck the prosecutor once—the prosecutor gave two blows, and a shove in the chest—he pulled the prisoner's hair and nose—when I spoke to the prisoner about the wound, he said he had done it by accident—I saw the knife in his hand about three minutes before—it was a knife with a hook, which closed over the blades—it was a kind of hook, to pick horses' feet with—he was trying to undo the bolt with it about three minutes before the fighting—it is a sharp instrument, and has a curved point—the prisoner said he never opened the blades.
THOMAS WALLIS . I am the landlord of this public-house—on 29th December, about 5 o'clock in the evening, the prisoner, the prosecutor, and his mates, came into my house—they had some drink—the prisoner was in one compartment, and the prosecutor in the other—the bolt of the partition of the bar was broken, and the prisoner could not shut it—the knob was off, and it wanted something to shove it forwards—I saw the prosecutor strike the prisoner twice—I did not see what passed before that—the prosecutor asked if he could alter it, and the prisoner said he soon would, and with that he hit him in the stomach, and knocked him up against the partition—I had seen the hook in the prisoner's hand before, and I said "Jack, you have stabbed that man!"—he said "I have not"—he drew his hand up, and put it in his pocket—I never saw the knife—I did not think the man was stabbed; I thought I had spoke out of my turn—the prosecutor seized hold of the prisoner by the nose and hair, and dragged him into the large partition, and I went round the bar.
Cross-examined. I worked with the two men before I went into business—they were on very good terms, and had been drinking together all day—I
did not see the knife in the prisoner's hand after he had been pulling the bolt back, and that was what made me think he had stabbed the man, and afterwards I was sorry I spoke, to think he had not done so—they kept on wrangling after the blows, and I went round and parted them—about a quarter of an hour elapsed before the stab was found out.
Re-examined. When the two blows were struck, I came out to put a stop to it—I have not seen the knife since—I can't say whether he had it in his hand when he struck out—I can't say that it is a fair blow to strike a man in the stomach; but if I was out of temper, I should strike where I could.
CHARLES JAMES HOLDER . I was house-surgeon, at Guy's Hospital—on 29th December, about a quarter past 6 o'clock, Pearson was brought to the hospital—I examined him—I found a clean cut wound in the lower part of his belly, rather on the right-hand side—it entered the cavity of the belly—it was a dangerous wound—he was in the hospital five weeks—he went only fairly, but not rapidly—the wound could not have been caused by the hook which I have heard of, because then there would have been a jagged edge—the trowsers and shirt were cut through—the wound has healed now, but he is still weak.
Cross-examined. If the hook had been worn down so as to be as narrow and sharp as a knife blade, it might have caused the wound; but not else—it was a clean cut wound, about two-thirds of an inch long, and it entered the belly. The prisoner received a good character.
GUILTY of unlawfully wounding . Recommended to mercy by the Prosecutor— Three Months' Imprisonment.
MR. HORACE BROWN conducted the Prosecution; and MR. THORNE COLE the Defence.
NOT GUILTY .
GUILTY .— Four Months' Imprisonment.
Before Mr. Recorder.
MR. BOTTOMLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
THOMAS DURLING . I live at 16, Isabella Street, Broadwall, and am a carman—the prisoner and her husband rented a room of me—on 6th February, my wife was out rather late—she came in about 8 o'clock, or 8.30, and I began to blow her up—the prisoner and her mother, of course, took it up—I begged the mother to hold her noise, because she did not hold any occupation in my place—then the prisoner came and struck me with her fist, when I was in my chair—I took her and got her into her own room, and shut the door, and went back to my own kitchen—the prisoner came after me again, I believe with a knife, and cut my lip—I got her into her own room again, and shut the door again, and then I rushed out into the street to get help—my lip has been sewn up—the prisoner's mother hit me with a poker—a hammer was used, but I did not get struck with that—I had not had any quarrel with the prisoner.
Cross-examined. The only wound I had was in my lip—the poker injured my arm a bit—I was not illtreating my wife, I was blowing her up; she
had had something to drink—I daresay I called her names, became I was vexed—I did not say I would pull anyone's nose that said a word to me—I swear that—I did not strike the prisoner, and knock her down—the prisoner's sister caught hold of my hair—the prisoner and I did not fall at the foot of the stairs—we did fall twice; once in the passage, and once in the room—I did not fall against the stairs.
Re-examined. It was in the kitchen that my lip was cut.
CHARLES ELLIS . I am an iron-moulder, and lodge in this house—on the night of 6th February, about 8.30, I was with Durling in his room—Mrs. Durling came in, and he began wrangling with her because she had not got his tea ready—I came out, and stood against the door—the prisoner's mother came up, and said if it was her husband she would pull his nose as long as her arm—Durling came out, and said it was nothing to do with her; she did not rent any part of the house, and he wished her not to interfere with him and his wife, and he would turn her out if she was not quiet—the prisoner came out of her room, and let him know that it washer mother that he was going to put out, and with that, she met him, and struck him several times—he pushed her into her own room—he then came to speak to me at the foot of the stairs, and before he could say very many words she came out with something in her hand—I don't know what it was—I saw something shine in her hand, and she made a strike at him as he was going to put the door to—he was coming out again, to go for a constable, and she met him again with a hammer, and struck at him, but I don't think she hit him; it hit the wood—I heard him say "Oh!" when he shut the door—they had a scuffle in the passage—as soon as he came out of his room I saw him saturated with blood—they fell twice—I saw the prisoner's sister pulling Durling's hair, and very fortunately she did, for I think that was the instigation of the hammer hitting the wall in place of his head—I went up to my own room—I came down again, hearing a knock at the door, and the prisoner said the first b——that came and opened the door she would settle him.
Cross-examined. I did not see any poker—the prisoner's clothes were jammed in the door by Durling as she was making the strike at him.
THOMAS DONAHOO . I am a surgeon—about 10 o'clock on the night of 6th February, I saw the prosecutor—he had an incised wound in the upper lip, about an inch long, and deep into the teeth—it was done with some cutting instrument—he had also a contusion on the thigh, and a severe contusion of the right arm—the skin of the forehead was broken, and he was bleeding from the lip—he lost a large quantity of blood—I had to sew the lip up—there is always danger of erysipelas in these cases, but it did not supervene here.
JOSEPH WALTERS (Policeman L 193). I took the prisoner into custody—Mr. Durling charged her with stabbing him in the mouth—she said she did not do it, that she had been having a bit of a scuffle, Mr. Durling had shoved her, and she had shoved him, and he fell over the stairs and cut his mouth.
Witnesses for the Defence.
ELLEN DESMOND . I am the prisoner's mother—I had been out all day with the prisoner's wife; she had been drinking—her husband came home about 8.30, and scolded her, and called her very bad names, and I believe he struck her, but that I did not see—I said "Mr. Durling, don't abuse her, you know she had to go out on business"—he said he would pull my nose if I interfered—I did not say I would pull his nose as long as my arm
—my daughter said "Mr. Durling, that is ray mother, you must not pull her nose, she is only speaking the truth"—he said he would, or hers, and with that he rushed from the kitchen into the passage, and struck her, and they both fell—my little girl, Catherine, went out, and pulled him by the hair of his head, and he leaned on his elbow, and tried to get up, and slapped her in the face, and tore her cloak; it gave way, and he fell with his mouth on the edge of the last stair in the passage—my daughter was then lying on her back in the passage—she had nothing at all in her hand—I had no poker, or anything; I was merely standing on the mat at the parlour door—he went out, and returned with two policemen.
Cross-examined. I merely spoke to him about being so cross with his wife, and calling her such bad names; I said nothing about pulling his nose—I could not say whether Ellis was there; there was no light, it was perfectly dark in the passage; there was only the shadow of a light from the kitchen—my daughter was lying on her back the whole of the time, she could not get up—Durling did not put her into her room—she did not go down to the kitchen, to speak to him—I never saw a poker—I saw Ellis there after the police had arrived—I saw Durling fall and cut himself—there was a light in my daughter's room, and a very small light came from there into the passage; you could not see to the street door, you could just see where it happened—when he went for the police, she got up, and went into her own room—the whole of the time they were quarrelling, she was underneath him in the passage.
CATHERINE DESMOND . I am the prisoner's sister—I was in her room when this disturbance took place—Mr. and Mrs. Durling were in the kitchen; he was calling his wife dreadful names—my mother said "Oh, pray, Mr. Durling, don't call your wife such dreadful names"—he said he would pull mother's nose, and said a very bad word—my sister said "You must not pull mother's nose"—he said "Yes, I would, and yours too," and he said a very bad word, and struck my sister, and she fell down, and he fell on the top of her, and they had a fight—I pulled him off my sister, and he got up and tore my cloak, and smacked my face; and as my cloak gave way, when he tore it, he fell on the bottom stair—my sister had nothing at all in her hand—I did not see Mr. Ellis there, only after the police came.
Cross-examined. I got hold of Mr. Durling by the hair, because I saw him on my sister, punching and beating her—they were on the ground in the passage—there was a little light came from my sister's parlour—my mother never said anything about pulling his nose—my sister was on her back all the time when Mr. Durling was upon her, punching her—I did not see her fastened in the door by her dress—nobody fetched a hammer out of my sister's room, or a poker; I was there all the time—I never saw the poker used, or anything—he was on the ground when he smacked my face; he leaned on his elbow, and then fell off the bottom stair; they are wooden stairs—I have not been told to say that he cut his lip by falling against the stair—I have not talked about it, since, to my mother, or anybody; not a word has been mentioned.
Re-examined. I live with my mother—I gave evidence before the Magistrate, and have come here with my mother to-day—I have never said anything to her about this; it has never been spoken of between us.
GUILTY of unlawfully wounding — Six Months' Imprisonment.
MESSRS. BESLEY and MOODY conducted the Prosecution; and MR. STRAIGHT the Defence.
CHARLOTTE COLLYER . I am the wife of Edward Collyer, of 46, Princes Street, Kennington—on 2nd November we were living at 2, South Terrace, New Cross—about 3 o'clock that afternoon I went out, leaving no one in the house—I came back about 6 o'clock—I found that the house had been entered by the area door—I had left it fastened—I missed from the bed-room a gold watch, a gold bracelet, two lockets, a Maltese cross and chain, three pairs of gold ear-rings, and sundry other articles; amongst them a seal-skin jacket, and two silk dresses, worth, altogether, about 50l.—they had tried to force the street-door, but had not succeeded; it was split from top to bottom—I have since seen my jacket, produced by Mr. Solomon; it was the one I missed—I have seen, in the possession of the police, a pair of ear-rings, and some unset stones, which I recognized—I was a witness against a man named Miles, and saw all the things at that time; they were my property.
Cross-examined. This is my jacket (produced)—I identify it by the work in the left-hand pocket; it was machine-stitched, and I have sewn it by hand.
GEORGE RANGER (Detective Officer P). On Saturday, 18th February, I served the prisoner with two notices—(These were notices under the Habitual Criminals' Act, that it was intended to prove on the trial two previous convictions of felony against the prisoner)—I have copies of the records of conviction, which I obtained from the Record Office.
WILLIAM HOTCHIN . I am a warder, at Durham Gaol—I have seen these notices—the prisoner is the person referred to in this certificate, which I produce—(This purported to be signed by H. J. Sharp, assistant-keeper of public records. THE RECORDER would not receive this in evidence unless it was shown that Mr. Sharp was a person having the custody of the records of the Court where the conviction took place).
GEORGE RANGER (re-examined.) I wrote to Durham, or rather my superintendent did—I saw the letter, and posted it, and I received a reply, stating that the former convictions against the prisoner were at the Public Record Office, in London, and I went there.
WILLIAM HOTCHIN (re-examined). The records of conviction of persons tried at Durham are kept at the Record Office, in London; the Clerk of the Peace told me so—(MR. MOODY stated that he had not evidence to prove this part of the case).
HENRY SOLOMONS . I am assistant to Mr. Lyons, pawnbroker, of New Road, Brighton—this seal-skin jacket was pawned at our house, on 11th April last, for 4l., by the prisoner, in the name of James Lawson, 2, Warwick Place, Worthing.
LEONARD BALDWIN HENDERSON . I am superintendent of police, at Worthing—the prisoner came to reside there in October 1869, in the name of William Lawson, first in Newland Road, and afterwards in Warwick Place—he resided there till 20th April, last year, on that day he moved to Chichester, and a few days afterwards his wife sold up, and went after him.
Cross-examined. He was tried and convicted at Chichester, of some offence.
GEORGE RANGER (re-examined). On 2nd July last I saw the prisoner at Chichester—he was convicted there, and sentenced to eighteen months' imprisonment—after his trial I saw his wife, in company with Sergeant Ham, and followed her to London, to 55, Hatfield Street, Stamford Street—on 3rd July I went to that house, and found various articles, a quantity of weights and scales, and nine duplicates, one relating to the seal-skin jacket—on 17th July, 1869, I apprehended Mowbray Miles; he was charged with receiving some of the property stolen from Mr. Collyer's house—previous to that I had seen Miles in a house, in Long Lane, and I saw him speak to the prisoner—I lost sight of him after that—after Miles was convicted, I saw the prisoner again at the "Elephant and Castle"—I had been looking for him the whole time—I saw him get on an omnibus—I called a cab, and endeavoured to follow him home, in company with Ham; but we lost him—I did not see him again till I saw him at Petworth.
JAMES HAM (Detective Sergeant P). I received information of the robbery, and took Miles and Green in custody for receiving, about a month afterwards—I had previously seen the prisoner many times, in company with Miles, five or six months before—I can't say that I ever saw him with Green; I was with Ranger when we saw him get on an omnibus, at the "Elephant and Castle," and tried to follow him.
THE RECORDER considered there was no case for the Jury.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; and MR. ST. AUBYN the Defence.
GUILTY of the attempt— Eighteen Months' Imprisonment.
Before Mr. Baron Bramwell.
MR. GRIFFITHS conducted the Prosecution; and MR. F. H. LEWIS the Defence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. GRIFFITHS conducted the Prosecution.
ELIZABETH CASTLE . The prisoner is my father—I now live at 133, Drury Lane—I formerly lived with my father and mother, at 8, Polygon, Clapham—on the 6th November, I was sleeping with my mother and sister, in the same bed—my father came home between 12 and 1 o'clock—he had had a little drop, but he was not so tipsy—he had been in the room before, and asked my mother for some halfpence, and she gave some to him—he afterwards asked her for a penny, and she gave him a penny—she then got into bed, and he went out—my mother went to sleep—the prisoner came back in five or ten minutes—there was a candle alight in the room—I saw him fetch the hammer and strike the blow, but I did not see the hammer strike the head—I saw blood on my mother afterwards—my father threw the hammer down after he struck the blow; I picked it up, and hid it under
the bed—he threw the candle in the water, and ran down stairs—my sister was sleeping with me at the time—she is fifteen—I am thirteen, come May—my sister went next door, and got a candle from a neighbour, and we tried to stop the blood—we stopped up all night with her, till the morning—she woke between 8 and 9 o'clock—she did not know what had happened to her till I told her—father has often said he would do anything to her, but he has not done it—he has often said he would knock her brains out, or anything like that—he is very dangerous when he has had a little drop to drink—there was a fire alight in the room when the candle had gone out.
Prisoner. You were in bed and asleep when I entered the room. Witness. I pretended to be, but I was not asleep.
Prisoner. It was a hammer that I borrowed, to break some coke with. I brought it up to return it, and stumbled over the corner of the bed. There was not room for the door to open without a person stumbling. The bed was on the ground.
MR. GRIFFITHS. Q. How far is the bed from the door? A. Just by the door.
EMMA CASTLE . I am the prisoner's wife, and live at 8, The Polygon, Clapham—on this evening in November, I went to bed about 12.30—the prisoner was in the room when I went to bed—he was not undressed—during the evening he had asked me for a few halfpence, and just as I was going to bed he asked me to give him a penny, which I did—I then went to bed—I went to sleep, and remember no more till I was awoke in the morning by my children crying—the prisoner was by my side—I was covered with blood, and they had a lot of rags over my head—I asked my children what they were crying for, and they said that father struck me on the head with a hammer—the prisoner was there—I did not know at that time I was hurt at all—he has threatened me before, but he has never hurt me—I was taken to the hospital on the Friday following.
ELEAZER BIRCH ROCHE . I am assistant house-surgeon at King's College Hospital—the last witness was brought there—she made a statement to me, and I examined her head—there was a wound, and her skull was fractured—she was ill about ten weeks, and was in danger for some length of time—a weapon of this sort (the hammer produced) would have caused such a fracture as I saw—she is well now, but under excitement she would be injured.
COURT. Q. Did you remove the bone? A. Bone was removed on two occasions—the wound might have been caused by the man stumbling on the woman with the hammer in his hand.
ELIZABETH CASTLE (re-examined). I saw my father strike; but I did not see whether the blow hit her or not—I did not see him fall—he had the hammer in his hand after he had done it, and he threw it down and went down stairs.
Prisoner's Defence. I brought the hammer up in my hand. I stumbled over something, and it was jerked out of my hand; it caught the bedstead, and rebounded on to my wife's head. There was no light there, or it would not have occurred. I went down for a light; I returned immediately, and dressed the head with some water and a bandage.
GUILTY .— Twelve Months' Imprisonment.
MR. LILLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
JOHN PERRETT . I reside at Eagle House, Herne Hill—on the night of 8th January I went to bed, about 10.45—I left my watch and chain, and a diamond ring, in my dressing-room—I got out of bed at 4 o'clock the next morning, and went into my dressing-room—I found the window open—I had shut it when I went to bed—I missed my watch and chain and ring—I gave information to the police—a box of matches had been taken from the drawers, and placed on the window sill—there is a wall near, by which access was obtained to the window—I saw the watch, chain, and ring on the Wednesday morning following, at a pawnbroker's shop, in the Borough.
Cross-examined. The pawnbroker gave them back to me, after I took out a summons.
SOLOMON ULLMAN . I am a pawnbroker, in High Street, Borough—on Monday, 9th January last, about 9.30 in the morning, these articles were pledged at my shop by the prisoner—I received them myself—Mr. Wood-gate, my foreman, was present—the prisoner asked me 10l. on the watch and chain, and 2l. on the ring—I asked him whether it was his property, and he said they belonged to his governor—I asked him what his governor was, and he said he was a butcher, living at 4, Ash Street, New Kent Road, that he was fined at the Police Court on the Saturday, and he had to pay 10l. to get him out of prison—I was talking to him about ten minutes, I should say, before I made the advance—I received the police notice on the following morning, in consequence of which I went to the Police Court and gave information—on the 16th or 17th of February, I received some further information, and I went to the Lambeth Police Court, where I was shown eight or nine men—I picked the prisoner out from amongst them—I sent for Woodgate afterwards.
Cross-examined. Sometimes we take 500 pledges in the course of the day, sometimes 200, and sometimes 100—I have not got my book here—I should say that I took at least 470 pledges on 9th January—perhaps eight or ten watches—I have five assistants—this watch was pledged in the name of Edward Herbert—I did not ask the man to let me buy the ring—I value the watch and chain at 12l. or 14l.—I went to the police-station and said I had got a watch and chain and diamond ring—I saw it in the notice—we get a list regularly every morning; I saw it, and that made me go to the Police Court—before the prisoner was in custody someone came about the watch and the ring—I did not see who it was—it was before I came in the morning—my foreman saw him—I have never been troubled by the police at all about things I have taken in pledge—I have never been summoned to the Police Court, only on this occasion, when I was summoned by the prosecutor to give up the watch.
Re-examined. I had given information before I received the summons—I am generally at my shop on Monday mornings before business commences, other mornings I am later—I have not a doubt about this being the man.
JESSE WOODGATE . I am assistant to Mr. Ullman—on Monday morning, 9th January, I was in the shop, and saw this watch and chain, and ring, pledged by the prisoner—I went to the Police Court at Lambeth, on 16th
February; I was shown about ten persons, and I picked out the prisoner from among them.
Cross-examined. I went down after my master had been there—his son told me to go down—I saw the men all together—I don't know who they were—they were about the same description as the prisoner—I don't know whether any of them were police constables in plain clothes—it is very likely that a silver watch and chain was pawned on that day—I heard the question asked of my master at the Police Court whether the prisoner had on that day pawned a silver watch and chain—we had not served him that day only for this watch and chain—I spoke to the prisoner when he came into the shop—I was not required to give evidence before the Magistrate—I was there ready to give evidence—I have not given any evidence at all before now—I have not made a statement as to what I was going to say in the witness box to-day—they did not know what I was going to say when I came into the box—I don't remember a man coming into the shop last Tuesday week with reference to this watch and chain—I am the foreman—a man came in about the ring—he wanted an affidavit, that is a form that we give, and it has to be signed before the Magistrate—in consequence of what he said I threatened to fetch a policeman, and he ran out of the shop, and down the street—he looked like a working man—his face was not particularly clean—he looked more like a coppersmith than a blacksmith—I did not catch him, or give him the affidavit—that was before the prisoner was in custody.
Re-examined. I saw the man who pawned the watch and chain, and ring, and spoke to him—I was present the whole time he was in the shop.
THOMAS NEVILLE (Detective Officer P). On the morning of 9th January, I received information of the burglary at Mr. Perrett's—I went to the house, and examined the premises—entry had been obtained through the windows by getting on a wall—there were prints of bare feet—I was present when Mr. Ullman and Woodgate came to the Police Court—the prisoner was placed with nine or ten others, and they identified him immediately.
COURT to SOLOMON ULLMAN. Q. What is the ordinary nature of the business done on Mondays? A. There would, perhaps, be 400 customers that we know, and we know the goods out of the 470—pledges like this we don't take in once a week or once a fortnight.
He further PLEADED GUILTY** to having been before convicted in September, 1868, in the name of Ernest Newton.—Ten Years' Penal Servitude.
ADJOURNED TO MONDAY, 3RD APRIL, 1871.