CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 14TH, 1871.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, August 14th, 1871, and following days,
BEFORE THE RIGHT HON. THOMAS DAKIN, LORD MAYOR of the City of London; The Hon. Sir JAMES HANNEN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir MONTAGUE SMITH , Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS SIDNEY , Esq., Sir ROBERT WALTER CARDEN , Knt., and Sir JAMES CLARKE LAWRENCE , Bart., M.P., Aldermen of the said City; The Right Hon. RUSSELL GURNET , Q.C., M.P., Recorder of the said City; THOMAS DURNSFORD WHITE, Esq., and CHARLES WHETHAM , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS SCAMBLER OWDEN, Esq., Alderman
WILLIAM HALSE GATTT JONES, Esq.
CENTRAL CRIMINAL COURT.
DAKIN, MAYOR. TENTH 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, August 14th, 1871.
Before Mr. Recorder.
558. WILLIAM GODDARD (26) , PLEADED GUILTY to stealing one tankard, eighteen spoons, eighteen forks, and other articles, of Henrietta Davidson, his mistress; also to forging and uttering endorsements upon two orders, one for 27l., and one for 20l., with intent to defraud— Six Years' Penal Servitude. And
NEW COURT.—Monday, August 14th 1871
Before Mr. Common Serjeant.
561. JAMES GREEN (19) , to burglariously breaking and entering the dwelling-house of William Brooke, and stealing therein a coat and other articles, his property— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. COLERIDGE conducted the Prosecution; and MR. KELLY the Defence.
ELIZABETH GRIFFITHS . I am servant to Mrs. Watt, who keeps a dairy at 47, Lyle Street—on 27th July I served the prisoner with two eggs—she gave me a shilling—I took it to my mistress, said something to her, and then went out for a constable—I had seen the prisoner in the shop six weeks before, when she bought two eggs, and gave me a shilling, which was put on one side of the till in a separate part—it was found to be bad not many minutes after she left.
Cross-examined. The woman did not hear what I said to Mrs. Watt—the policeman said to the prisoner "How long ago is it since you passed the other shilling?"—she said "It was not me at all"—I said "It was you; it was four weeks ago since you came in," and she said "Oh no, it was not me at all"—she denied it throughtout.
Re-examined. I recognized her when she first came in, before she gave me the shilling—my mistress showed me the shilling on the first occasion.
SARAH WATT . I keep a dairy, at 47, Lyle Street—on a Saturday, about six weeks before the prisoner was taken, a woman came in, and asked for two eggs—I don't swear that the prisoner was the woman—she gave me a bad shilling—I gave her change, and put the shilling in a compartment by itself—the last witness came in while I was giving the change—I showed the shilling to her after the woman had gone, and she bent it—I put it in the till again, but afterwards gave it to the constable.
ROBERT FRENCH (Policeman C R 13). I took the prisoner on the afternoon of 27th July for passing a bad shilling, and received these two shillings from Mrs. Watt—I searched the prisoner at the station, and found on her two sovereigns, two half-crowns, one florin, eleven sixpences two 4d. pieces, and three 1d. pieces, and 3s. 8d. in bronze.
Cross-examined. No bad money was found on her.
Witnesses for the defence.
CASOLINE SPENCE . I am a tailoress, and live at 1, Mary Terrace, High Street, Camden Town—the prisoner lives in the same house—I heard that she was charged with passing a bad shilling some weeks before she was at Marlborough Street, and I was asked if I could explain the time she left my house on 17th June—I was examined there as a witness—I was not bound over—I was sworn, and called for the prisoner—I heard that she was charged with passing a bad shilling on 17th June, and I am positive she was at work for me on that day up till 8 o'clock, and she did not go out of the house at all—she could not have gone out without my knowing it—I know Lyle Street, but I don't know the dairy.
Cross-examined. I never walked from my house to Lyle Street—I have never been there—I was not bound over by the Magistrate, because he did not consider the evidence sufficient—it was about six weeks after 17th June that I was at the Police Court to give evidence—I swear that I saw her all day, except for a quarter of an hour at a time—it was the same on the Saturday before and the Saturday after 17th June—she was at work till 8.30—I don't recollect her going out, I only know she was at work all the time.
WILLIAM SCOTT . I am the prisoner's landlord—I was at Marlborough Street the day the charge was made—I heard that she was charged with passing a bad coin on 17th June—she was at home on that day—I speak to the entire day—she was with Mrs. Spence till 8.30—she went out then, and came back about 9.30—she came to me saying she had lost her room door key, and I was obliged to force the door—I don't know where the dairy is, or where Lyle Street is.
Cross-examined. I was at work all day on my seat—I suppose the prisoner was in Mrs. Spence's room between 4 and 5 o'clock, because she was always at work there—I know she was in the house—I am not in and out, but I know she was at work all that day—I was not bound over by the Magistrate—he said the same to me as he did to the other witness.
GUILTY . She also PLEADED GUILTY* to having been before convicted in January, 1870.— Five Years' Penal Servitude.
MESSRS. COLERIDGE and HORACE BROWN conducted the Prosecution.
JOHN LUCAS . I keep the Globe Tavern, London Street, Tottenham Court Road—on Friday, 30th June, between 10 and 11 o'clock at night, I served the prisoner with some gin and noyeau, which was 5d.—he gave me a bad shilling—I bent it, and gave it him back—a man who was with him paid with a sixpence—he afterwards went into another box and had some more gin and noyeau, and he gave sixpence to my barmaid—I saw her put it in the till—I looked in the till and found a bad sixpence on the top of the other money—I gave it to the officer.
Prisoner. Q. Did not I give you a good shilling? A. No, you said you had no more money, and the man with you paid with a sixpence.
WILLIAM SNELL (Policeman E 225). On the night of 30th June, I was called to the 'Globe, and the prisoner was given in custody—he said he would go with me—as I was taking him down Tottenham Court Road, he tried to put his hand in his pocket—when I got to the station, I found on him a bad shilling, one good shilling, seven sixpences, 4 3/4 d., and some soap and soda, in small packets—I received this sixpence from Mr. Lucas.
Prisoner's Defence. I am very sorry. I was never here before. Of course it is no use contradicting.
GUILTY .— Nine Months Imprisonment.
MR. COLERIDGE, for the Prosecution, offered no evidence.— NOT GUILTY .
WILLIAM THOROGOOD . I am a detective on the Great Northern Railway—on 14th July, about 8 o'clock in the evening, I was at Moorgate Street Station—I saw the prisoner there—I saw him put his hand into a lady's pocket, and withdraw it with a purse with a brass clasp to it—I laid hold of his hand, he dropped the purse, and it was picked up by a gentleman and given to me open.
Prisoner. Q. Where did you see me before that? A. I never saw you before till I saw you picking the pocket—I asked you what had become of the boy, and you said "What boy?"
Re-examined. There was another boy with him—I knew him, and I know where he is now.
JANE MATTHEWS . I am cook in the service of Mrs. Dolphin, at Black-beath—I was at the Moorgate Street Station, about 8 o'clock on 14th July—I had come from Bishop's Road—I had a purse in my pocket, containing a sovereign and 5s.—I was spoken to, and missed my purse—this is it (produced).
WALTER BOURNE . I live at 43, All Saints Road, Westbourne Park, and stand with a weighing machine at Moorgate Street Station—on this Friday evening, about 8 o'clock, I saw the prisoner there—I saw him throw away a purse.
five weeks previous to his being taken, in custody—I have seen two boys with him on some occasions.
Prisoner's Defence. I might be guilty in one way, but I never picked the lady's pocket. I was with another boy, and the purse was given to me. I may have been as bad, but he should not have said that I picked the pocket.
GUILTY .**— Five Years' Penal Servitude.
MR. BOTTOMLEY conducted the Prosecution; and MR. MEAD the Defence.
AMELIA ARTHUR . I live at Mitcham, Surrey, and am a widow—on 9th April, 1865, the prisoner married my daughter at Croydon Old Church—I did not go inside the church—I did not see the marriage completed—I produce a certificate which I have compared with the original—(This was dated 9th April, 1865, and was a certificate of a marriage at the Parish Churchy Croydon, between Thomas Kitley and Amphillis Arthur)—the Thomas Kitley named in that certificate is the prisoner—I knew him before the marriage for a few weeks—he courted her before—I am sure he is the man—he was only nineteen then.
Cross-examined. I was at the dinner after the wedding—I did not hear my daughter say she would rather cut her throat than have married the prisoner—they lived together five or six weeks, when she left him and went to live with a man named Harris, and she has been living with him since, and has had three children by him.
Cross-examined. I examined it by the register—I read the book and the copy as well.
HARRIET KNIGHT . I live at Archway Place, Highgate Hill—on 17th February, 1868, I was married to the prisoner at Hornsey parish church—I was quite aware he was a married man—I lived very happily with him indeed.
Cross-examined. I did not institute this prosecution—his father is prosecuting him through jealousy.
JAMES GODDEN (Re-examined). The prisoner was given into my custody by his father, for feloniously marrying Harriet Knight—I accompanied him to his father's house, and he stated that the prisoner had been married twice—I asked the prisoner if his father's statement was correct—he said "Yes, it is no use denying it; my first wife ran away after we were married three days, and has lived with a man since then."
Cross-examined. I have known the prisoner some time—he is a costermonger, and a very respectable, steady, sober man—I never knew anything against him.
Recommended to mercy by the Jury.— One Days Imprisonment.
OLD COURT.—Tuesday, August 15th, 1871.
Before Mr. Recorder.
567. CHARLES BOLTON (42), and JOSEPH TANNER (32), were indicted for unlawfully and maliciously damaging certain property belonging to George Coates Chambers. Second Count—For conspiring by false pretences to defraud the same person.
MESSRS. METCALFE and MONTAGU WILLIAMS conducted the Prosecution; MR. SERJEANT SLEIGH defended Bolton, and MR. GRIFFITH appeared for Tanner.
GEORGE COATES CHAMBERS . I am a licensed victualler, carrying on business at the Crown, at Cricklewood, near Hendon—before that, in 1869, I lived in the Brixton Road; I was then a traveller for wine houses—shortly before that I had been in business as a wine merchant—I failed in 1869, and after that I travelled for Messrs. Toft and others—after I got into difficulties I applied to a person named Page, of Bayswater Road, for some money—he had a loan office there—I borrowed 112l. from him; I gave him a bill of sale for 200l—I continued to pay him interest on that for some time, at the rate of about 300 per cent., I should think; it was so much for every twenty-one days—first of all it was 12l., then 15l., and then I think it came up to 20l.—in consequence of that being so high I ultimately went to Bolton, and applied to him for 100l. to pay off Page's bill of sale—I told him the interest I was paying—I could have raised the rest from my friends; he agreed to that—I then gave him this bill of sale (produced)—it is dated 19th July, 1870, and professes to be for 200l.—it recites 50l. then due, and 5s. then paid—I did not owe Bolton anything at all at that time—before my bankruptcy I had had transactions with Bolton—at the time of my bankruptcy he held property belonging to me to the value of 70l. or 80l.; that was scheduled—it was a cart and phaeton, a bracelet and diamond ring—he had those actually in his possession—I owed him about 30l., and the goods were worth 70l. or 80l.—at the time I applied to him for the money to pay off Page's bill of sale he said nothing about any previous money owing—nothing had been borrowed since my bankruptcy—the 5s. did not pass—I did not then, or at any time after my bankruptcy, receive a single farthing from him—this promissory note for 130l. was given at the same time as the bill of sale—that is made out to Cooper—it was for the same transaction—I did not get any money from Cooper—Bolton told me Cooper was to advance the money—I never got a farthing from any of them—my goods were taken possession of under Page's bill of sale—my house was stripped; I did not see the goods afterwards—I was taken into custody for removing a horse and cart as being included in the bill of sale—Page was not present at the Police Court at first when I was charged; he came afterwards, and gave evidence—I saw Bolton at the Sessions, he was in the Court, and could hear what took place—I was tried and acquitted—Bolton heard that—I did not read this bill of sale—Bolton said it was to be for 130l.—I heard nothing more about it for six or eight months—during that time I got through my difficulties, and took the Crown, at Cricklewood—I had got it well furnished, and was carrying on a good business there—about the middle of May last, Bolton came down there, and asked me to pay his bill of sale—he did not produce it—I asked him for it, and told him I did not owe him a shilling—he said if I did not pay him he would strip the house, and expose me to my brewers, and every tradesman, and go to the brewery, and state that I had stolen a horse and trap, and was given into custody for it—I was very busy at the time, and expected my brewers every minute, and so, through intimidation, I foolishly gave him 10l., and agreed to pay him 20l. in a fortnight—he then left—my wife was very unwell at that time—he came down again about a month afterwards, on Whit Monday, with Cooper—Cooper had a place, at 8, Morton Street, Pimlico, the same place as Bolton—Bolton had a plate with
"Money Advanced" on it—I suppose he would call himself a broker—there were a few old things in the shop; Cooper had his name up there, an office, with auction bills hanging up inside the same place—Tanner came down to my place, one evening, demanding 10l.—I had seen him before that, one evening, at a public-house in Westminster, twelve or eighteen months ago; he was with Bolton—Bolton introduced him to me as Sergeant Tanner, who, he said, went abroad, and brought the notorious Muller over to this country—I never saw Tanner at Bolton's place, except when the goods were taken away from there—when Bolton came with Cooper, he again applied to me for money—he did not ask for any amount—I told him I should not give him another shilling—he asked me if I had got any money for him—I said "No, but I have got two policemen on the premises, and if you don't go off I shall give you into custody"—that was the fact—I had been cautioned by some of my friends—I then walked down the garden with Bolton, and one of my policemen followed me down—Bolton saw a friend of mine who he knew very well—he spoke to him, and then Bolton went away with Cooper—Cooper did not say anything, or take any part in the conversation—Tanner came down one evening after Bolton's first appearance, and before Whit Monday—he brought an order from Bolton for 60l.—this (produced) is it—(Read: "The bearer is instructed to apply to you for 52l. 10s., being the amount settled as due on 19th July, 1870, and to request you to name an early day for the settlement of such claim.")—I told Tanner that I did not owe Bolton any money, and that I should not give him any—I began to enter into Page's affair—I said the bill of sale was given to pay Page off, and I never received a shilling for it—Tanner then stopped me, and said "Oh, I know all about that; do you intend to part or not?" and he said "I am Sergeant Tanner"—I then ordered him out of my house, and he went—on 18th July, I went away from home—my house and furniture was all right when I left—I got back about 3 o'clock, and found the rooms had been stripped, 'the drawing-rooms were, and things were taken out of the bar, spirits, and spirit casks, and cut decanters, and cigars, my wife's and children's underclothing and jewellery—I directly went to my solicitor, and then to Bow Street, for a policeman—they told me to go to West-minster—I ultimately went to Bolton's place with a policeman, and found a van there, being unloaded; it contained nay furniture—a second van came up afterwards to the same place, with my things in it—I did not see Bolton at his house, I saw him a few streets off—I had a policeman with me, and directly he saw us he walked away very fast—the policeman went after him, and I gave him into custody—I ultimately got back some of my goods, all but about 30l. worth—the value of the whole that was taken was between 200l. and 300l.—among the things missing is a lady's gold chain, a pair of ear-drops, two gold rings, and some trinkets belonging to my wife—there were seventeen bottles of spirits, and 2lbs. weight of cigars—I also lost a razor case containing two razors; and the clothing—when I was taking away my goods from Bolton's, Tanner came up—he did not say anything to me, or in my presence—these are my razors (produced) that I lost; this is the top of the case—this silver belonging to a dressing-case is mine—a writ was served upon me with reference to a claim on the 130l. note—I instructed an attorney to appear for me, but nothing further was done in it.
Cross-examined by MR. SERJEANT SLEIGH. I have been acquainted with Bolton several years—I have not had many pecuniary transactions with him; three or four—I had not been in pecuniary difficulties almost continuously
for four or five years previous to the present year—I swear that—at the time I executed this bill of sale there were no judgments entered up against me, to my knowledge—the bill of sale to Page was not the only one besides this that I have given—I never gave one to Lumleys, I gave one to a Mr. Kerl two years ago, in 1869, to the best of my memory—that was before Page's—an execution was put in by Lumleys upon a bill of sale—Bolton did not raise money for me to enable me to pay that out—he did not raise money for me about that time; he did before, to the best of my memory two years before—some of the transactions with Bolton have been to about the amount of 50l., and some for 60l. or 70l.—there were only three or four altogether then—I believe one of them was for 80l., I am not quite certain—I did not on any of those three or four occasions execute a bill of sale to anybody, only one at a time—I gave Bolton a bill of sale on each occasion—before becoming bankrupt I had been sued and judgment obtained against me—Bolton did not on one occasion advance me 105l. to release me from some legal obligation, nor 100l., not a farthing—the signature to this declaration is my writing—the bill of sale was not read over to me—Mr. Harden was not present when it was executed—one person was present—he did not read over to me the provisions of the bill of sale before I executed it—I mean to say that I executed it without knowing what the contents were—that was not by reason of my having such unbounded confidence in Bolton—I executed it without knowing whether it was obligatory upon me for 5l. or 500l., or any amount—I did not go before a Magistrate and make this declaration, I went before a party in Mr. Cooper's office; I don't know who he was—I am not aware in whose handwriting the body of it is—I signed and declared to it without knowing the contents—the attorney did not read it over to me before I signed it—Bolton said "It is nothing, merely a technical thing, sign it, it is all right"—I don't recollect the attorney asking me if the contents were true—I will swear he did not read it to me, or ask me whether the contents were true—I signed it without his asking me anything—I did not know it was a statutory declaration—I mean to say that I had no knowledge whatever of the document that I signed—Bolton told me it was merely a formal paper about the bill of sale—I knew the contents of this document when I signed it—(Read: "It is agreed, that upon payment of 10l. in twenty days of the above amount, and 5l. per cent, interest on the total amount which may from time to time remain due, that the bill of sale be renewed for a further twenty days")—when I signed it I did not see this: "Statement, July 18, 1870, old debt 50l."—every word of this paper is in my own handwriting—I don't recollect that 50l., I perceive it is in my handwriting—it is not true that there was an old debt of 50l.—there was not a shilling owing—Bolton got me to write that out; it is not true—previous to my bankruptcy, in 1869, I was indebted to him in an agreed amount of 98l., part of that was paid off—I scheduled him as a creditor, I forget the amount—I paid him off a part of that 98l. within three weeks after I had the money—I have not the dates with me—I got a receipt, I have not got it here—all my papers and receipts were taken to the Bankruptcy Court—as near as I can remember, I did say I paid him 60l.—I paid him either at his office or mine, I cannot recollect which—no one was present—I paid it all in one sum, by cheque on the National Provincial Bank—I have not my books to refer to, but I believe it was the latter end of 1868, or the beginning of 1809; somewhere about that time—I banked at the Islington Branch of
the National Provincial—I will swear that I gave him a cheque for 60l. on that branch, at the latter end of 1868 or the beginning of 1869—it was payable to himself, in his own name—on the occasion when Bolton called on me at Cricklewood, I did not play a game at skittles with him, or drink with him—it was on Whit Monday, I had about 300 people in my place—Cooper was with him—I don't know whether he is here, I have not seen him here—I have not got any person here who was present then—when Bolton was taken into custody, the constable told him he took him on a charge of taking my furniture—I did not hear him reply "I did so, and I did so by virtue of the bill of sale which I hold of yours"—he did not produce the bill of sale then—he did at the Police Court, at Hampstead, when he was searched—the debt of 200l. to Kerl was since my bankruptcy in 1871; that is paid off—I don't think it was paid at the time I made the declaration on 19th July, but I have not got the dates.
Cross-examined by MR. GRIFFITHS. I saw Tanner about eighteen months before these proceedings, at a public-house in Westminster, kept by Mr. Phillips—he was introduced to me there by Bolton, as Sergeant Tanner—I did not laugh and say "What, Sergeant Tanner that brought Muller over?" I swear that; nothing of the sort; nor did Bolton say "Yes, if you like"—we had nothing to drink together on that occasion—I was on business—I pulled up at the house for a glass of bitter beer, that was my business—the next time I saw Tanner was when he brought the order from Bolton—I have not been talking this matter over since I was before the Magistrate; I have never mentioned it—I parted with the 10l. to Bolton upon intimidation, I wished to get rid of him—I did not want the trouble and annoyance of giving him into custody—that was in April or May, I think—when Tanner came to me with the order, I told him there was no answer—that is about two or three months ago.
Re-examined. Money was borrowed from Page before the money I speak of, which Kerl's money relieved me from, and I gave him a bill of sale to clear off Page's debt—Kerl did not register his bill of sale, they relied on a bill of exchange; it has since been paid—when I made the declaration there was no incumbrance on my property, except Page's bill of sale—Kerl's had dropped, it was done away with—no one but Page had any charge whatever on my property, and that was to be taken off by the money that was to be raised by Bolton—after I paid Bolton the 60l., he still held the cart and the jewellery I speak of—I did not give it him before that, I gave it him as security at that time—he had the bill of sale before that—he did not give that up—he held that as well as the cart and the jewellery—he never asked for any money subsequently to that—I scheduled that in the bankruptcy proceedings—after the bankruptcy I never received a farthing from Bolton, Cooper, or anyone directly or indirectly through them—the declaration was made before Mr. Goatley, who was acting for Bolton—he was the gentleman who issued the writ against me.
FRANK CHAMBERLAIN . I am barman to the prosecutor—I was present on 18th July, when Tanner and Bolton came to my master's house, at Crickle-wood—they came with two vans, and a number of men—they came into the bar, and Bolton asked to see Mr. Chambers—he not being at home, he asked for Mrs. Chambers, who was at dinner—I said she was engaged—Bolton then gave orders to Tanner and the rest of the men to proceed over the house, and take the furniture—they then took the goods—the men went over the house, and took them, and replaced them in a van; threw them in
anyhow—I did not see what goods they took; it was household furniture, fixtures, and other property—they filled one large van, and one small one—they took some spirits and cigars—I did not see any wearing apparel taken—they took two drawers full of cigars, and port and sherry, and decanters—I should fancy a dozen men were employed in doing this—when they had filled the vans, they drove off—I attempted to stop them directly they came in, and Tanner threatened me with violence—I did not hear him say anything—I attempted to interfere with the goods going away from behind the bar, and he said he would d—d soon settle me if I interfered—he came towards me with several other men—the vans drove off, and my master came home in the evening.
Cross-examined by MR. GRIFFITHS. I had never seen Tanner before.
WILLIAM TICKERIDGE . I am a van proprietor, at Westminster—on 18th July, Bolton came, and hired a van and a cart—I went with the cart—Bolton went in a cab—he met us on the road—Tanner rode along with me in my cart—he afterwards got out of the cart, and went in the cab with Bolton—we picked up a lot of men at Horseferry Road, I think about a dozen—when we got to the prosecutor's place, I turned my van round, and by the time it was turned, some of the furniture came out, and they began to load—they were not loaded in the ordinary way; you could not pack them well with fourteen or sixteen men—they were put in anyhow—I daresay some of it was damaged—there was another van there besides mine—I don't know whose that was—that went away—when my van and cart were loaded, I went to Bolton's place—Bolton gave me the orders to load; in fact, they did not give me any order, because as soon as I got there I was loaded—as we were going along the cart broke down, and I went on with the van to Bolton's place, and then fetched the other—Bolton told me not to let the men go drunk, and when we got home he would give us whatever we wanted—he told me to spend 3s. in drink, and go down as we ought to do—one bottle of spirits was broken, and I drank some of that—I did not see anybody else drink—I went on ahead—I never saw any cigars smoked, I did not see a dressing case.
Cross-examined by MR. GRIFFITHS. I had never done any business with them before—I knew Tanner by sight—I have heard him called "Pill-eater."
WALTER BARRELL (Detective Officer B). On Tuesday evening, 18th July, I was in a public-house, at Westminster, and there saw Tanner—he had some papers with him—this copy of a bill of sale was one of them—he took, some cigars out of his pocket, and pressed me to have one—he was offering them to anyone in the bar—he said they were cheap, that they came from a job that he had been doing that afternoon—I was present at Bolton's house the next day, after Bolton had been taken into custody—I saw Tanner there, just as we got the things loaded, under a Magistrate's order, to take them back to Mr. Chambers—Tanner said, if he had been there before, he would have broken all our heads, rather than we should have taken them away, and he took up a poker from the fire-place—I took him into custody next morning—I told him it was for being concerned with Bolton in taking the furniture away from the Crown, at Cricklewood, and also on suspicion of taking a pair of earrings—he said he was present when the things were removed—I know both the prisoners; I have frequently seen them together as companions.
Cross-examined by MR. GRIFFITHS. What Tanner said was, that he was present, and helped take the things, but it was done under a bill of sale—I
found in his possession, amongst other papers, the authority from Bolton to levy on the prosecutor's goods, and the copy bill of sale—he said that he had only obeyed Bolton's orders.
ELLEN MILES . I was an assistant at the Crown, at Cricklewood—on 18th July I was present when the men came in—I. saw Tanner remove some of the goods—I can't say whether he went into my bedroom—some earrings, and other things of mine, were taken from my bedroom—I can't say who took them—some things were also taken from Mrs. Chambers' bedroom, and from all the rooms—some of her wearing apparel, and some of the children's.
ACTON PHILLIPS . I am a licensed victualler, of Dorset Street, Vauxhall Bridge, Pimlico—I know Tanner—on 18th July, he came and offered me a pair of razors for sale, in this case; one of them was broken—he made me buy them—I gave him 1s. for them.
Cross-examined by MR. GRIFFITH. I have heard Tanner called a great many names—I think I have heard that he has passed into theatres as Sergeant Tanner—I never knew that he was a sergeant in the Militia—he came in, and threw the razors over the bar, and said he would have a shilling, and would not go without one—he repeated it several times, and to get rid of him, I told my young man to give him a shilling.
Re-examined. I never heard him called the Jew boy—I have heard him called the "Flying cabman," "Butterfly Billy," and the "Pilleater."
MARK DYKES (Policeman R R 25). On 18th July, I apprehended Bolton—I told him the charge, about taking this furniture—he said "All right, I did take some goods from there that day"—I found on him a bill of sale, two watches, one gold, and one silver, a gold chain, and this silver-plated lid, in his pocket.
MR. SERJEANT SLEIGH submitted that there was no evidence upon either Count of the indictment. As to the first, although damage might be accidentally occasioned to the goods in the hasty removal, it could not have been wilful, as it must have been to Bolton's interest to realize from them as much as possible; and as to the Second Count, there was no evidence whatever of any conspiring between the defendants; Tanner evidently only obeying Bolton's directions. MR. GRIFFITHS urged the same points on behalf of Tanner. MR. METCALFE contended that there was ample evidence to go to the Jury. THE RECORDER was of opinion that although there was abundant evidence to show that Bolton was acting fraudulently and dishonestly, there was very little, if any, to show that on the part of Tanner; and, therefore, the charge of conspiracy could not be supported.
NOT GUILTY .
MESSRS. METCALFE and MONTAGU WILLIAMS conducted the Prosecution; and MR. SERJEANT SLEIGH defended Bolton.
No evidence was offered against Tanner, as to whom a verdict of NOT GUILTY was taken.
GEORGE COATES CHAMBERS repeated in substance his former evidence, and added: The day I paid Bolton the 10l., he brought some vans down—I expected him—a friend of mine drove down to my place at 6 o'clock in the morning, to put me on my guard—Bolton told me to put down this "Old debt, 0l.," so that he could have 20/. or 30l. out of the loan from Cooper
for himself, which he said he would repay me—the payment of 10l. every twenty days was to save the registration of the bill of sale; the 10l. was for the 10l.—the "Old debt, 0l." meant the 130l. on the bill of sale—that was what he led me to understand; I wrote it down at his dictation.
FRANK CHAMBERLAIN . I was present, on 18th July, when Bolton arrived with the vans and men, to take the furniture away—they went up into the different rooms, took away the furniture, and threw it into the vane any how, and drove away.
MR. SERJEANT SLEIGH submitted that there was no case of larceny made out, the prisoner, acting upon the bill of sale, which the prosecutor had given. THE RECORDER: "The only ground upon which it can be put it, that he perfectly well knew he had no right to act under the bill of sale; it is not a question whether by fraud he had obtained a claim of right, but whether this was equivalent to a non-existing document that it was given for a purpose that had failed, and that both parties knew it was not to be acted upon; then the prisoner might be convicted, it does not matter, for this purpose, how fraudulently he obtained the bill of sale if he really believed, having obtained it, that it gave him a claim of right, he would not then be guilty of felony."
THE JURY, after several hours' deliberation, being unable to agree, were discharged without giving any verdict, and the case was postponed to the next Session.
MR. MOODY conducted the Prosecution; and MR. KEBLE the Defence.
The body of the child was placed in an open field within fifteen yards of the public road, from which it could' be seen. THE RECORDER held, under these circumstances, that there was no secret disposition of the body, and directed a verdict of
NOT GUILTY .
MR. COOPER conducted the Prosecution.
FREDERICK GRAY (Policeman H 222). About 5.15 on the morning of 21st July, I was in Busby Street, and saw the prisoner there, carrying a bundle—he saw me, and rushed up Ryder's Court—I pursued him, and stopped him—he had not got the bundle then—I asked him where that bundle was that he had a short time ago—he said he had no bundle—he carried a short stick in his hand, and he said he would knock my b—brains out—he made a blow at me, and I struck him with my truncheon—I saw him trying to get something from his watch-pocket—it was this knife (produced)—I took him into custody—the bundle was brought to me by a witness—this is it.
Prisoner. Q. Do you say I had a short stick in my hand when you took me? A. No, you dropped it in the struggle—you took the knife out of your pocket after I struck you—it stood blade upwards in your pocket.
THOMAS MORTON . I am a cabinet-maker, of 28, Thomas Street—on 21st July, about 5.30, in the morning, I saw the prisoner come through Ryder's Court, about five minutes' walk from the prosecutor's house; he was carrying a bundle like this—on seeing me he turned back, and went into a closet, and when he came out he had not the bundle—I stopped him, and asked what he had been doing there—he said "It don't concern you, don't interfere"—I took him by the collar, back to the end of the court, and there
saw H 222, and gave him up to him—I then went back to the closet, and found the bundle, and gave it to the officer.
Prisoner. Q. Did you see me with a stick in my hand? A. Yes—I did not see you use any violence to the constable—I went away to get the bundle.
HENRY WOODCOCK . I am a chair-caner, and live at 8, Gibraltar Walk—about 6.40 on the morning of the 21st, I missed my watch from my mantel-shelf, where I had left it hanging when I went to bed about 12.10 or 12.15—I found my bedroom door open, which I had locked the night before, and missed five dresses of my wife, a shawl, and other things, worth about 5l. 10s.—I afterwards went to the station, and there saw some of my property—I do not occupy the whole house, only the down stair apartments—I had fastened my door that night.
WILLIAM SAVAGE . I live at 5, Friar's Mount—on Friday morning, 21st July, about 5 o'clock, I saw two men in front of Mr. Woodcock's door—the prisoner was one of them—he had a stick in his hand, and this bundle—they came from the house, passed me, and went round Orange Street, which would take them to Busby Street.
Prisoner. Q. What house did you see me at with the bundle? A. You came from the prosecutor's house—there were four of you—I saw no woman.
The prisoner, in his defence, stated that he was a dealer, and bought the things of two men in the street.
GUILTY of Receiving.
He further PLEADED GUILTY to a previous conviction at this Court, in August, 1865, when he was sentenced to seven years' penal servitude; and Reeves, the officer of the House of Correction, stated that he had previously received a like sentence. —Ten Years' Penal Servitude.
NEW COURT.—Tuesday, August 15th, 1871.
Before Mr. Common Serjeant.
SOUTHWELL, BAKER, and PALMER PLEADED GUILTY.— Judgment Respited. The trial of FEILER was postponed, at his own request, to the next Sessions.
MR. LANGFORD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOHN JACOBS . I am a clothier and outfitter, of 149, St. George's Street, East—I produce four dozen pairs of stockings, which I bought on Friday, June 30, of Michael Rees, of 154, St. George's Street, for 8s. a dozen.
DAVID LEVY . I live at 168, Cable Street, St. George's-in-the-East—on 3rd July, I bought five dozen and three pairs of stockings of Michael Rees—I gave him 8s. 6d. and 9s. per dozen, and sold them to Mr. Myers at 9s. 6d.—he is not here.
JACOB LEVY . I live at 45, Sherrard Street, Commercial Road, and am salesman to Mr. Solomons—on 1st July, I bought twenty-two dozen pairs of stockings of Michael Rees, at 8s. per dozen, and on the same day sold six dozen, at 8s. 6d., to Thomas James, of Cable Street, and sixteen dozen, at 8s. 9d., to Esther Davis.
ESTHER DAVIS . I am a widow, and am a haberdasher, of 7, Church Lane, Whitechapel—on Saturday, 1st July, I bought of Jacob Levy sixteen dozen pairs of stockings, at 8s. 9d.—I produce fourteen dozen of them.
WILLIAM HARRIS . I am manager to J. and G. Thorpe, of Leicester, hosiers and elastic web manufacturers—on 1st June, Mr. Seddon, the buyer to Fowell & Bennett, of Wood Street, earner to me at Friday Street, Leicester, and bought of me thirty-two dozen pairs of woollen stockings, a job lot—he paid me 11s., 11s. 6d. and 14s. 6d., per dozen for them—I saw them packed, and wrote the label—the number of the package was 029—they were taken away by the Midland Railway Company—I do not know the man's name, but I should know him again—these stockings are all ours, and the papers are our wrappings.
Cross-examined. We have not ten dozen stockings like these in our stock, we made them merely for samples, and could not sell them—I identify them by the papers and the marks on them, and the yarn—other stockings would not be marked the same as ours, we have a mark of our own—these being a job lot, we put them in old papers, marked 1, 2, 3—we found we could not force that trade, and gave it up.
FREDERICK HENRY SEDDON . I am carman to William Davis and others, carrying on business under the name of Powell, Davis & Beddington, at 69, Wood Street, London—about 1st June, I was at Leicester, and bought of Mr. Thorpe thirty-two dozen pairs of stockings, at prices varying from 11s. to 14s. 6d.—these are them, I recognize them by the peculiar mixture—I had the usual trade discount, 2 1/2 percent off 19l.—I thought them worth 13s. to 16s. a dozen, and that I had made a very good bargain.
Cross-examined. I bought them as a job lot—we received the invoice afterwards, and the goods were delivered the morning afterwards—I did not sign for the delivery, nobody is here who did—I saw the hamper containing the goods.
RICHARD POOR . I am carman to the Midland Railway Company—on Saturday, 24th June, I delivered a hamper at the office of Davis and others, 69, Wood Street, marked 029—this is the delivery note, it is signed by Powell—I received the hamper from the Mint Street goods station—I left it at the bottom of the stairs when I delivered it, and they came and looked at it—it was a good sized hamper.
HENRY POIGNARD . I am a porter in the service of Davis and others, of 69, Wood Street—on Saturday, 24th June, I saw a hamper in the passage, on the ground floor—I saw it safe again on 26th June, about 1.20, when I went out, and when I came back at 1.50 it was gone—there was a printed label on it, "From Thorpe, of Leicester," and "69, Wood Street," was the address on it.
THOMAS POWELL . I have an interest in the firm of Davis, of 69, Wood Street, but am not a partner—I saw the hamper in the passage, and saw the label on it—it was not sold, nor even taken into stock, because we had not room for it.
MICHAEL REES . I am a marine store and general dealer, of 154, St. George's-in-the-East—I know the prisoners, they are rag merchants, which is the same line of business—they are, I believe, partners, and carry on business in Gibson Street, Whitechapel—I have known them all my life, but only three or four months trading together—they came to me, together, on 30th June—Simmonds was a very intimate friend of mine—I was sorting rags, and he said "I have got some stockings in my pocket which I think will suit you"—I said "If I can sell them I will buy them"—he showed me two pairs; I asked him the price, he said 8d. a pair—I said "How many have you?"—he said "Thirty three dozen pair"—I said "I have a friend in the neighbourhood, in the hosiery way, and I shall be able to give you an answer"—I then went to Mr. John Lamb's shop—he was not at home—I found him at Mr. Barnett's public-house—he said that he would not mind taking four dozen pairs at 8d—I went back and said that I had been offered 8d. by Mr. Jacobs, and could sell four dozen pairs if they would let me have them at 7 1/2 d., which they agreed to do—that was about 12 o'clock in the day, and Lynn brought me four dozen pairs of stockings about half an hour afterwards—I was supposed to pay both the prisoners for them, and I gave Simmonds next day an order for 2l. and he was to send the rest of the stockings—I took the four dozen to Mr. Jacobs, and he paid me 8d. a pair for them—that was on Friday, 30th June—next day, about 2 p.m., Lynn came into my shop, but brought nothing—I left a sample with Barnett, the publican, who said he thought he could sell some; and next morning Mr. J. Levy, the salesman to Mr. Solomons, came and said "I can do with four dozen or six dozen of these stockings"—the prisoners came about half an hour afterwards—I told them what I had done, and Lynn went out and brought the stockings in a cart—I think there were twenty-eight dozen—the parcels were in a bag—I paid Lynn 6l. on the Saturday, and a balance of 4l. was left—they bought some goods of me, and I paid the balance and settled the account—I paid 12l. altogether—this arrangement was made with both prisoners—the stockings are in the same paper as I received them in—I gave the same price for the twenty-eight dozen, 7 1/2 d.
Cross-examined. I considered that a fair price—it would not do to put them in my shop if I thought they had been dishonestly come by—I have known Simmonds in business about fifteen years—everything was done perfectly openly—I mentioned to Levy and to the publican where I got them—I knew where Simmonds lived, and could find him at any time.
COURT. Q. Did you ask Simmonds where he got them? A. No, I had dealt with him hundreds of times.
JOHN MOSS (Police Sergeant) On 26th June I received information of the robbery of a hamper from Davis & Co.—on the evening of July 11th, I was in Gloucester Street, Whitechapel, and saw the prisoners outside their shop—they are marine store dealers—I was accompanied by Brett and Mrs. Rees—Rees pointed them out, and said "There is something wrong about those goods; these gentlemen are enquiring about them"—he did not mention the kind of goods—I said to the prisoners, "Do you know this man; did you sell him any stockings?"—he said "Yes, what about them?"
—I said "Those stockings have been stolen; from whom did you receive them?"—Lynn said "From two men, who came to our place"—I said "Do you know them?"—he said "No, I do not think I should know them if I were to see them again"—I said "Did you receive any invoice, or have you got anything to show?"—Lynn hesitated some seconds, and then said to Simmonds, "Had you any invoice?"—he said "No, had you?"—Lynn said "No, I had not"—I said "Have you any books to show, or any entry?" and this book was then produced, which they said was the only one they had—there are several names in it, and amounts of money—I said "What did you pay for those stockings?"—Lynn said "8d. per pair, all round"—I said "Did you examine the goods, so as to know how many pairs?"—he said "Yes"—Lynn then looked at Rees, and said "No, it was 7 1/2 d. I gave"—I told him the account was not at all satisfactory, and I should have to charge them with receiving the goods, well knowing them to be stolen—I took them to the station, and found on Lynn 17l. odd—I asked him how long he bought the goods before he sold them to Mr. Rees; he said "About a week."
Cross-examined. I told him I was an officer, before I put those questions.
The Prisoners' Statements before the Magistrate. Simmonds says: " I did not know they, were stolen." Lynn says: "I did not know they were stolen."
GUILTY — Eighteen Months' Imprisonment each.
MR. ST. AUBYN conducted the Prosecution; and MR. MOODY the Defence.
MARY BUCK . I live with my father, a baker, at 5, Milton Street, Chiswell Street—on Tuesday night, 1st August, about 11 o'clock, I saw the prisoner and prosecutor fall into our shop—Bampton was underneath.
Cross-examined. I saw no blow—the packing-case maker, next door, has an iron grating outside his shop—I did not see Bampton fall on it—I do not know whether he was drunk—I have often seen him before, and have seen him tipsy on various occasions.
MARY STURGES . I am the wife of George Sturges, of 80, Milton Street—I was at my first-floor window, and saw the prisoner and prosecutor struggling in Mr. Buck's doorway—they let go of each other, and the prisoner followed Bampton, and knocked him down on the kerbstone with his fist—he got up, picked up his hat, and walked towards his own house—the prisoner followed him, and struck him in the face again, and he fell—I called out "You coward!"—he said "If you were down here I would serve you the same"—I did not see Bampton hit the prisoner.
Cross-examined. I do not know what was the beginning of it—several of his companions were there—it is a very crowded neighbourhood.
JOSEPH BAMPTON . I am a smith, and live at 6, Haberdasher Square—on this night, about 11 o'clock, I saw the prisoner and some other young men—the prisoner began calling me names, and I wanted to know the reason
he was always insulting me—he had insulted me many a time before—he seized me round the throat, and I have no recollection of what happened afterwards—I sometimes have a drop of beer, but I am very far from being a drunkard—I was drunk on this night, and have scarcely a recollection of seeing the doctor—this black eye is the result of the knocking about I had that night—I did not strike the prisoner.
Cross-examined. I had not had more than a pint or two, and do not know why they called me names; they do that when I have had no beer whatever—I said before the Magistrate that Stanley struck me, and I struck him in return—that is two or three years ago—I have been accused of striking Mr. Catherley, but I did not—I have not knocked my wife about when I have had a pint of beer—I do not remember catching hold of the prisoner's collar, and saying that he would have to go to the station-house—I was on the ground twice in the struggle—my head did not go against the railings—he seized my hair before I got to the baker's shop—some hammering was done on my face.
THOMAS HEWLET WOROER . I am a surgeon, of 29, Chiswell Street—on 1st August, I was sent for to the prosecutor's house, and found him with a lacerated wound on the left eye-brow; both his eyes were very much blackened, and the right eye was bruised—his lower jaw was fractured—that might have been caused by a fall against an iron grating.
Cross-examined. A fall on the grating, and a fall in the shop, might produce what I saw—he was excited by drink.
By the COURT. In my judgment the broken jaw was the result of a direct blow, but it might be caused by a fall.
Witnesses for the Defence.
DANIEL O'BRIEN . lam a tailor, and live with my father at 4, Haberdasher Square—on the Tuesday night, I was in Milton Street, about 11 o'clock, and saw Bampton go up to the prisoner, and catch him by the neck—the prisoner asked him to leave go, but he would not, and they fell together into the baker's shop—the prisoner had not done anything to him while I was there—when Bampton caught hold of the prisoner, he said "Come to the police,"—when they got to the baker's shop, Bampton made a blow at the prisoner, but missed him, and then the prisoner struck him a blow just between the eye and the cheek bone, and he fell on the grating, on his face—he was taken up, and taken to his own home—he was drunk—I have seen him in custody several times—I was called before the Magistrate.
Cross-examined. The prisoner had no attorney before the Magistrate—I saw Bampton fall, once in the shop, and once on the grating—I knew them both very well—I know Mrs. Sturges; she lives about 20 yards from that place—I did not see her while it was going on, but I saw her looking out at the window afterwards.
COURT. Q. Could she see the struggle from there if she had looked? A. No—I had not seen the prisoner that night before—I heard no jeering going on—he was drunk—the only blow he received was catching hold of him by his neck—he fell quite helpless, but he walked very well—I could see that he was drunk—he did not get up after the second blow—Bampton said nothing, but put his hand on the prisoner's collar, and said "I shall take you to the police."
Re-examined. There were six or seven of us together—the people were all standing at their doors; it was a fine summer night.
Street on let August, and saw Bampton go down the street, half an hour before this—he looked at O'Brien, and all of us, very hard; somebody had been halloaing after him—he came back drunk, half an hour afterwards, took hold of the prisoner's collar, and said "Where do you live?"—the prisoner said "Let me go," and he said "I won't"—the prisoner struggled to get away, and they both fell in a baker's shop—Bampton made another blow at the prisoner, and the prisoner struck him a blow in the face, and knocked him down—he was taken up, and carried home—the prisoner struck no blow till after the struggle in the baker's shop.
GEORGE INWOOD . I live with my father and mother, at 10, Haberdasher Square—I was sitting on a step in Milton Street, and saw Bampton come up to the prisoner—he caught hold of him, and said "Come to the policeman "—they struggled, and fell on the iron railings—I had not seen the prisoner strike or annoy Bampton—Bampton struck at him, and missed him, and then it was that the blow was given.
COURT. Q. You heard no halloaing after the prosecutor?" A. No, and no jeering—he selected Bampton because he was the nearest—he was painly drunk.
ELLEN CURRAN . I live with my father and mother, at 8, Tyndal Street—I was talking to a little girl outside a baker's shop—the prisoner was standing at the corner of the kerb, and Bampton came, and caught him by the neck, and said "Come along with me"—the prisoner said "Let me go," they struggled, and fell in the baker's shop together—the prisoner had not struck a single blow before that, but when he came out he made a blow at him, and he fell on his face on the iron.
JOHN HOLROYD , of Wilson Street, Finsbury, and a MR. BORLEY, gave the prisoner a good character as an industrious, intensive lad, but ROBERT BROWN, City Policeman 157, stated that he was neither quiet nor peaceable, but was always annoying street passengers, and that Bampton had complained of him before for knocking a bag of his shoulder, but that Bampton was then a little the worse for drink.
GUILTY.—Recommended to mercy by the Jury, believing the Prosecutor's drunken habits conduced to the prisoner's misconduct.
Six Months' Imprisonment.
MR. LATIMER conducted the Prosecution.
MARK ROBINSON . I live at 9, Liverpool Cottages, in the parish of St. Mary, Islington—the prisoner lodged with me, and slept in the same bed on Friday night, 15th July, and left on Saturday morning—on the following Wednesday, I went to bed at 10.10—I placed my watch and chain on a box on which I put it every night, and went to sleep—I missed it in the morning at 4.35, and also a pair of boots, which I had taken off down stairs, and an overcoat—I saw them next in the charge of the policeman.
SELINA JONES . I am the wife of Samuel Jones, and live in the prosecutor's house—on Friday, 22nd July, my little boy was ill, and called me up—I sat by his bedside, and then wont to the window, and saw the prosecutor, and, as I thought, another man, on the opposite side of the way—presently I heard somebody put a key into the door, and walk into the back parlour, and stop there some considerable time and I still believed it was the prosecutor,
but at 2.30 I opened my window, and saw the prisoner leave with a bundle.
Prisoner. Q. I did not see you at the window? A. Yes, you looked up, and saw me—you had squeaking boots on when you came in, and you had your boots undone when you went out.
ELIZABETH JENKINS . I am the wife of Henry Jenkins, the proprietor of 9, Liverpool Cottages—the prisoner lodged with me for three weeks, and left on 15th July—he promised to come back in a short time to settle with me, but did not return—he took the latch-key with him—on the Wednesday night, when this robbery took place, about 12.15, I was waiting for my husband, who had gone to his club—after he came in I secured the door myself—it fastens with a common lock; a common latch-key would open it.
Prisoner. I should have gone back the same evening only I was too late; I had to walk four miles, which was the reason I ceased to lodge there.
WILLIAM WITHAM (Detective Officer Y). I took the prisoner on 21st July, at Park Farm, Muswell Hill—I told him the charge—he said he knew nothing about it—I found on him this key which unlocks the door of 11, Liverpool Cottages—this watch was in his waistcoat pocket—this Albert chain I received from the person where he was lodging, and he was wearing these boots.
HENRY WHITING . I am a labourer, of Muswell Hill—I knew the prisoner for a few days while he was at work at my master's—on Tuesday morning, 20th July, he called me up at about 2.40, and asked me if he might come and sit down—he left this coat (produced) with me, when he went away, to take charge of.
Prisoner's Defence. I could have robbed the house a hundred times over if I wished, but I did not; I bought the things of a young man.
Twelve Months' Imprisonment.
GEORGE POULTER (Policeman B 199). On 5th July, I was on duty in Buckingham Palace Road—I went to the rear of Belgrave Buildings, where there is a low wall, and a closet at the back—I saw a man, who I do not know, come over the wall, and the prisoner followed him—the first man got away, and the prisoner returned over the wall—I gave an alarm, and Cox, No. 162, found him in the back area—on 6th July, after the first examination at the Police Court, I searched the area where the prisoner was taken, and found 5l. 13s. 4d. in silver and copper—these two 5s. packets of copper were wrapped up in brown paper, and the silver was loose on the ground.
forced open; the woodwork was cut away—I missed about 15l., among which was about 7l. worth of silver, also a gold scarf pin—this packet of silver has the name of Watney & Co. on it, which was on one of my packets—I had closed the house the night before, and the windows were shut—I have no doubt that these are my coppers.
GEORGR HENRY SMITH . I am a son of the last witness, and have seen the prisoner coming regularly to the bar for two months—anybody in the bar could see the place where the money was put at night, and left for the morning.
NORMAN TURPIN (Police Inspector. I examined the prosecutor's premises, and traced marks from the rear, which Cox pointed out, over three walls, to the place where the prisoner was seen—the door between the bar and the house had been forced open—I took the prisoner's boots off and compared them with the footmarks in the garden, and found that they corresponded—one of them was out of repair, and there was the mark of it—I traced the marks from where he was first seen to the area, and from the area to the house.
Prisoner's Defence. I had been drinking over night, and fell asleep in a water closet under this wall. I was coming away, and the policeman saw me, and I got over the walls.
GUILTY .**†— Five Years' Penal Servitude.
THIRD COURT.—Tuesday, August 15th 1871.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY conducted the Prosecution.
EMMA SAMPSON . I was head nurse to Mr. Owens, at Hampton Court—the prisoner was there as wet nurse—she is nineteen years old—she had been at Mr. Owen's about six weeks, and I was there nine months—there had never been any quarrel between us—on Thursday, 13th July, I went to bed about 11 o'clock—the prisoner slept in the same room, but not in the same bed—she woke me up two or three times during the night—the first time was soon after midnight, and she asked me to take something out of a glass—she asked for a razor to cut her corn; that was about 3 o'clock in the morning—I said I could not find it—she then asked if she might have a knife, and I said "Yes"—I went to sleep again—she woke me again, and asked me to take some more out of the glass, and I took a little—I don't know what it was—I tasted it and it was rather hot—I went to sleep again—when I woke again, she was kneeling on the bed by my side, with the knife in one hand and holding my hands with the other—I saw blood on my night dress, but what was done to my throat was done before I woke—I struggled with her for some time—she said "Don't make a noise, I only want you for a few minutes"—I succeeded in getting the
knife from her—I asked her what she was wanting to do—she said she did not know—I left the room, taking the knife with me—I went to my master's room, and made a statement to him—he went out, and a policeman afterwards came, and I gave the prisoner in custody.
COURT. Q. I suppose she had been confined some time before? A. Yes, about seven months before she came to Mr. Owen's—I did not observe anything strange about her.
WILLIAM OWEN . Sampson was my head nurse—on Friday morning, 14th July, about 6 o'clock, she came into my room where I was sleeping with my wife—she had blood on her throat, and also on her night dress—she had this knife (produced) in her hand—she made a statement to me—I called in a medical man, and fetched a policeman—at that time Sampson was lying on the bed, very much agitated—when the policeman came, she gave the prisoner in custody for attempting to cut her throat.
MOSES LYVETT (Policeman T 391). On 14th July, I was fetched by Mr. Owen to his house—I went into the nursery, where the prisoner was—she was not quite dressed—I had no conversation with her—she was given in custody, and this knife was handed to me—Sampson's night dress was covered with blood.
THOMAS SHILLINGFORD (Police Sergeant T 43). I was acting-inspector when the prisoner was brought to the station by Lyvett—I said "You have committed a very serious act"—she said "I don't recollect anything at all about it. I did not know anything about it till I saw Emma with the blood on her night dress, and she said 'You see what you have done.' I don't recollect anything about it"—she also said "I had a fall down stairs seven years ago, and oftentimes since that I have no recollection of what I do"—after the remand she seemed quite a different girl—she was well fed in the meantime, and gave up the suckling.
THE COURT directed the Jury to acquit the prisoner, stating that it was quite obvious she did not know what she was about.
NOT GUILTY .
MR. St. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH the
CATHERINE ATLEE . I am the wife of Frederick Atlee, of 4, Crown Court, Seething Lane—we live on the third floor—the prisoner lives on the second floor, in the same house—on Friday night, 30th June, my husband came home from work and came up stairs—the person on the first floor called him to look at a bird—he went down—the prisoner came up stairs and began quarrelling with his wife—he then began quarrelling with my husband, and he up with his fist and aimed a blow at him, which hit Mrs. Gupp—my husband went down stairs and sat on the door step—the prisoner went after him, and said "You b——, come out and fight, I will have a fight with someone to-night"—my husband said "No, I don't wish to fight;" and the prisoner up with his foot and said "Take that, it will do you good," and he kicked him in the eye—I took him to the hospital—his eye was very bad—the prisoner was drunk—my husband was sober.
Cross-examined. I had been with my husband all the evening after he came from work—that was between 9 and 10 o'clock—I am sure the prisoner was drunk—he said he was mad drunk, or else he would not have done it—he seemed as if he was drunk—I did not tell the Magistrate he was sober—I did not say he was as sober as my husband, I am quite sure of that—my husband was sitting on the door step, with his feet inside the passage—no one was with him—he walked down stairs and sat on the door step—when the prisoner went down I was behind him—I did not see Mrs. Gupp there—when she received the blow she put on her bonnet and went away—the prisoner was against the door arid I was a little way from him, behind him—he did not try to jump over my husband to get into the street—I was sober—I had had nothing to drink that night—after the kick I took my husband up stairs—I thought if he went to sleep his eye would be better—he said he felt as if his eye was running away, and I took him to the hospital—that was half an hour or an hour after—I am quite sure he was sober—he had not been quarrelling with the prisoner at all—the prisoner pulled his coat off and threw it on the stairs.
FREDERICK ATLEE . I am the prosecutor—the prisoner lives in the same house—I have had no quarrel with him—on 30th June, I left off my work and went home—as I went up stairs I was called on to the first floor by Mrs. Gupp—she had bought a bird, and asked me to come and look at it—the prisoner was in her room—he got up and went up stairs—I waited there, and he came down again and challenged me to fight—he made a blow at me, which missed me and struck Mrs. Gupp—I went down and sat on the step—the prisoner came after me and challenged me there—I said I was not able to fight, as I had been in the hospital ten months—he up with his foot and kicked me in the eye, and said "Take that"—I was insensible for a time—my wife took me to the hospital about 12 o'clock, and I was there till 25th July—I was quite sober—I can't say how the prisoner was.
Cross-examined. I can't say that he appeared sober—I did not notice the man at all—there had never been a quarrel between us—I can't give any reason for this taking place.
ARTHUR MOORE . I am surgeon at the London Hospital—the prosecutor was brought there on the night of 30th June, suffering from a lacerated wound across the top of the left eyebrow, and a rupture of the left eyeball—he will never recover the complete sight of that eye again—it will never be so good as it has been.
Witnesses for the Defence.
EMMA TREFARREN . I live at 3, Crown Court, Seething Lane—my husband is a watchman at Brewer's Quay—I did not see the accident, but I was in the court, and I saw the prisoner try to get past, and he made a jump over—I heard no bad words used.
Witness in reply.
GUILTY .— Two Years' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. WARNER SLEIGH
GUILTY on the First and Second Counts — Five Years Penal Servitude.
MR. KEBLE conducted the Prosecution.
ARCHIBALD MCDOUGALL . I am master of the ship Renner, in the West India Docks—on 25th July, I was on Tower Hill—I saw a crowd, and went to see what it was—there were two men, with a rope performance—while I was looking on I heard a click—I turned round, and felt in my pocket, and my watch was gone—the chain was hanging down—I turned to the prisoner, who was at my right shoulder, and accused him of stealing my watch—he denied it—I took him by the collar, and he pulled off his jacket—a constable came up with a little boy, and I gave the prisoner in charge—the watch was worth 6l.
ROBERT TURNER . I live at the Tower—on 25th July, I was in the crowd, and saw the prisoner take the watch out of the prosecutor's waistcoat pocket, and hand it to another man, who ran down Thames Street.
Prisoner. Q. Did you have Turner's hand, walking very slow? A. The boy was timid going into the crowd—I did not know him before—he came up to me, and said "Fox, I saw that man take the watch"—I asked him to point out the man—I had to stoop to understand what he said; he did not speak loud enough, and I could not understand him.
COURT. Q. McDougall did not have hold of the prisoner? A. No, they were having a conversation as the boy and me went over to them.
Prisoner's Defence. I was standing at Brewer's Quay, and saw the mob, and went up. Directly I got there, the prosecutor caught hold of me, and said I had his watch. I said I had not. He said "I think you have." I took off my coat, and shook it, and stood there till the constable came up, holding Turner's hand, walking very slowly, as if he knew nothing about it The prosecutor called him, and drew his attention to what we were talking about. He looked at me very hard, and told the persons to go away who were being tied up with the rope. I looked round, and saw the constable whispering in the witness's ear, and the boy said "I saw him take the watch, and give it to a man, who ran up there." I was took innocent; the boy knew nothing at all about it.
NOT GUILTY .
OLD COURT.—Wednesday, August 16th, 1871.
Before Mr. Justice Montague Smith.
583. JONATHAN SOUCH DOBSON (51) , PLEADED GUILTY to wilful and corrupt perjury; also to two charges of conspiracy to cast away certain ships, called the Esmeralda and the Italia, with intent to defraud the Azien la Insurance Company— Fifteen Months' Imprisonment.
The Grand Jury having ignored the bill in this case, MR. THORNE COLE, for the Prosecution, offered no evidence upon the Inquisition.
NOT GUILTY .
JOSEPH MAYNARD . I am an officer in H.M. Customs, and live at 52, St. George's Road, Peckham—on the afternoon of Saturday, 1st April, I was on the vatting floor of the London and Continental Wharf, at Wapping, which is in the possession of Messrs. Goulay, wine merchants—I was standing, talking to Mr. Geddes—I saw the prisoner come in—I recognized him as having been in the employment of Messrs. Goulay—Geddes was the first to speak, addressing the prisoner and a man named Taylor, who accompanied him, and who had also been discharged from the wharf—he said "I have nothing to do with your discharge"—the prisoner said "Yes, you have"—Geddes said "No, I have not; Mr. Goulay did it"—the prisoner then said "Mr. Goulay wants you"—Geddes said "Very well; when he sends for me, I will go"—the prisoner said "He does send for you; he wants you"—Geddes said "If he sends a special messenger for me, I will go"—the prisoner again said "He does want you"—Geddes said "I have nothing to do with your discharge, and I shan't go, unless a special messenger comes for me"—the prisoner then advanced towards Geddes, and said "I could" or "I would scragg you"—he then placed his hands in this position, one at the back of Geddes' head, and one in front—I can't say that he actually seized him back and front, but his hands were put in such a position that I thought he intended carrying out what he said—the prisoner's back was towards me, and I could not say whether he touched or seized him—they immediately struggled together; it was a mutual testing for priority—I mean they were like two men struggling for the mastery—Geddes fell on his back—he was standing employed at the mouth of the vats, at the time, at what is called the man-hole—he was standing close to it all the time, not 3ft. from it—when he fell, he did not fall into the man-hole; he could not fall into it—(Looking at a small sketch of the place) this is a correct sketch of the vatting floor—it is a level floor, and there are four vats, each having a distinct man-hole—there are troughs, where several casks may be rolled and emptied at the same time, and the troughs empty themselves into the man-hole—when being used for the purpose of starting the wine into them, pieces of the floor are taken up—they were not removed at this time—Geddes was standing about a yard from this man-hole—he could not fall into it; impossible—I did not measure the orifice of the man-hole—I saw him fall down the man-hole, by the troughs, immediately over the man-hole—his head was pointing to the man-hole, his legs were a little raised up into the air—if the man-hole had been sufficiently large, he would have slipped down—his head was not in the man-hole, but in the shoot, or trough—the boards were taken off; it was all open—the operation was going on, and the troughs were exposed—when he fell, his head was at the man-hole, but in the trough—I could not say whether his head touched anything—the trough inclines to the man-hole—he fell across the trough; part of his body was resting on the edge of the floor, and his head was over the trough—Mr.
Bowen was close by at the time—I did not see him make a snatch at Geddcs—I don't know how he got on his feet—he did get on his feet, and challenged the prisoner to fight, or to "Come on"—he did not use the word "fight"—they met, and had another tussle, and the deceased was down again—he got up again, and said "Come out into the open," meaning more in the middle of the floor—the prisoner obeyed the challenge, and they met again, and had another struggle, and Geddes went down a third time—he got up, and again said to the prisoner, "Come on"—the prisoner said "Mind, I have not struck you yet; but I will"—Geddes said "Hit away; come on"—then I heard a slap—from the sound, I inferred that it was an open hand slap; I could not see any blow—I saw the action of the body, but I could not say that I actually saw the prisoner's hand against the face—I saw him lift his hand, and then I heard the blow—they closed, and struggled together, and Geddes again went down—I then left the floor, to get the constable of the wharf to come and stop it—Geddes was an elderly man; I should think near sixty; but he gave his age as fifty-four—he was short and stout—there was about 1450 gallons of wine in the vat at the time—the place is called a man-hole, from the fact of a man going down there to clean the vat out, but he must be a man of slight stature to do so; it is only a slight man who could go down it—I could not go down it—the deceased was stouter than me, bigger across the shoulders.
Cross-examined. The deceased could not have gone down the man-hole—he was standing facing the trough; the trough was between him and me, and the prisoner was on the same side as I was—the deceased fell over the trough, leading to the hole, on his back—before the prisoner said "Mind, I have not hit you yet, but I shall," he had been challenged by the deceased three separate times—the blow he struck the deceased was decidedly with the open hand—I saw the deceased afterwards, and there was no appearance of any blow on his face—I saw Geddes with this instrument called a flogger, in his hand—I did not see him use it, but I heard him say afterwards that he had struck the prisoner with it in the face, or beard, and he wished it had been a sound one—I saw blood on the prisoner's cheek afterwards—when the prisoner asked the deceased to go and see Mr. Goulay, he answered positively "I shan't go"—he did not speak in a civil way—when he said to the prisoner "Come on," I don't know that he made any movement; he could not have moved far, or else he would have crossed the trough, which he did not—he appeared to be very angry; he meant doing all the mischief he possibly could, no doubt—he seemed in a great temper—I did not hear the prisoner say "I did not come here to fight, I came here to get work"—I had known the deceased six or seven years—he was not exactly a quiet inoffensive man—I had not known the prisoner at all, I had only seen him occasionally on the wharf.
Re-examined. When the prisoner came in, Geddes was superintending the operations, putting the wine in the vat, and the mixing of the finings—he was vault-keeper, and was superintending the work, and the men—the prisoner was several minutes asking him to go and see Mr. Goulay before I saw him seize Geddes, or use that action; Geddes was then at the man-hole.
COURT. Q. Before you heard the slap you had not seen any actual blow, on either side? A. No—there was a struggle, a wrestle—Geddes prided himself very much on the power of his arm; his intention, as explained to me afterwards, was to seize the prisoner by the throat.
JOHN BOWEN . I live at 4, Blakesley Street, St. George's—on 1st April last, I was a vatter, in the employment of Messrs. Goulay—about 4 o'clock in the afternoon I was on the vatting floor, engaged in stirring up some finings in a small tub—Geddes was there superintending—I saw the prisoner come on to the floor—he asked Geddes to go up and see Mr. Goulay with him—Geddes said he should not go without Mr. Goulay sent for him—the prisoner said "Mr. Goulay has sent for you"—he said "It is no use, I shall not go unless Mr. Goulay sends his own messenger"—that was all I heard—they were talking some few minutes—I was standing near the man-hole, in a stooping position, and I saw Geddes lying over the shoot, on his back, or it might have been a little bit on his side, I can't say for certain, I did not take much notice—he was lying longways over the shoot—the man-hole goes across the shoot—I don't know whether his head was on the floor, or in the shoot—I took hold of his arm, and lifted him up—I seized him quickly—I did not see him actually fall—the first thing brought to my notice was seeing him just on the shoot of the man-hole, when I seized him—I did not see whether he fell on anything—I have not measured the man-hole—Geddes was an elderly man, stoutish, not very tall, nor yet very short, middling-sized—after I picked him up he wanted to fight the prisoner—he wanted him to come out into the clear part of the floor—he picked up a flogger, and said "No, come on, I have got my right hand"—the prisoner said "Are you going to hit me with that?"—he said "Yes"—the prisoner said "I will take it away from you," and as he was going to take it he struck him on the beard, and they fell together—Geddes challenged the prisoner again, and they fell again, and Geddes went down stairs after that—I kept at my work—he came up a few minutes after, and I went down stairs with him—he walked down.
Cross-examined. I think it impossible for one man to shove anyone down the man-hole—I have known the prisoner eight or nine months—he is a peaceable man.
JOSEPH VYNER . I live at 14, Sebbon Street, St. George's, and am employed at Mr. Goulay's—I measured the man-hole, it was 1ft. 10 in. long, and 1ft. 3 in. wide—I go down it daily in the summer time—the deceased was stouter than me, I don't suppose he could have gone down the man-hole.
DANIEL SULLIVAN . I am a labourer, and live at 40, Wellclose Square—I was engaged at this wharf on 1st April—about 4 o'clock in the afternoon, I met the deceased and the prisoner—I accompanied them down King David Lane to the station—there were a few words between them; Geddes said if he was ten years younger he would chuck the prisoner in the road—the prisoner said "I have a good mind to chuck you in the road"—they were walking on the pavement—I did not see anything of the occurrence at the vat.
Cross-examined. They were walking together to King David Lane station—there was no one with them.
JANE GEDDES . I am the widow of the late James Wilson Geddes, and live at 13, Agnes Street, Birkbeck Road—my husband was vault keeper at Messrs. Goulay's—he was fifty-four years of age—on 1st April he came home at 8.30 in the evening—he appeared to be very faint and exhausted, and very ill—he made a communication to me, and went to the hospital that same night—he returned that night, and went to bed directly—he was very ill indeed, he was confined to his bed seven weeks from that time—Dr. Coward was called in to attend him—he died on 9th July—the
Magistrate visited him at our house, and took his deposition—I was not in the room at the time.
CHRISTOPHER THOMAS COWARD . I am a Licentiate of the Faculty of Physicians and Surgeons of Glasgow, and Licentiate of the Apothecaries Company of London—I live in Turner's Row—I was called in to see Mr. Geddes—he came to me first on the evening of 1st April—I made an examination of him that evening—I found that he had sustained a fracture of two ribs on the right side—I did not examine his back minutely—being thrown over an iron bar would be very likely to produce fracture of the ribs—a man falling heavily on any substance would do the same—I attended him at his house for several weeks; he was suffering from inflammation of the lungs—I attended him up to the day of his death—I made a post-mortem examination—I was present when Mr. Lushington, the Magistrate, attended and took his deposition—the prisoner was present—I saw the oath administered to the deceased, and heard him give evidence, and cross-examined by a solicitor—I did not see the Magistrate sign the deposition—I do not know his handwriting.
The deposition of James Wilson Geddes was read as follows:—"I live at 13, Agnes Street, Limehouse. I was vault-keeper at the London and Continental Wharf, Wapping. On 1st April, at 3.45, I was on the vat floor. The prisoner and a man named Taylor, who had been discharged a few days before, came and asked me to see Mr. Goulay about their being discharged. I said 'You know, James, Goulay would not send his messenger if he wanted me.' He said 'What am I to do.' I said 'It is no use my going up, I reasoned with him before you left; if you can get a job, I will myself give you a character as an honest industrious man; I can't do more.' I then walked away to wards the man-hole, and stood close by Maynard, when I was seized back and front by the throat, by the prisoner. He took me quite off my legs, and I found myself down the man-hole, at least my head and shoulders and one arm were. I cried for help, a witness took me up, and pulled me out. I was maddened, and said 'Let me get at him.' The fall I had hurt me. I fell over an iron bar, and then struck my right side. The man Taylor, I think, stood between us. I stepped past him, and he again got me by the throat. I saw a flogger on the floor, and picked it up, and said I would hit him. I could not do so, however, I fell exhausted. After this I went down stairs, and walked up Commercial Street, and saw McCombie. He said 'Have you had enough?' I said 'Quite enough, Jem.' I had nothing to do with his discharge.
Cross-examined. I fell over the iron bar into the man-hole. It was the fall over that that broke my ribs. The bar is the edging of the man-hole. He told me the governor wanted to see me. I told him I would not go till a special messenger came. I did not tell him to go off the premises. I did not first take up the flogger; when I had the flogger, he rushed at me, and his head got cut, but I did not strike him. I believe to some extent he meant to push me over the man-hole. He was in a great rage. I respected him; it was Mr. Goulay who had all to do with discharging him. Men do go down the man-hole to clean the vat."
NOT GUILTY .
GUILTY of a common assault. Recommended to mercy by the Jury on account of hit long imprisonment, and the provocation he received . He had been already five months in custody.— Three Months' Imprisonment .
MR. ST. AUBYN conducted the Prosecution; and MR. KEBLE the Defence.
The prosecutrix in this case was imbecile, and unable to be examined.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MR. COLLINS the Defence.
NOT GUILTY .
NEW COURT.—Wednesday, August 16th, 1871.
For the case of Charles Henry Pinhorn, tried this day, see Kent Cases.
THIRD COURT.—Wednesday, August 16th, 1871.
Before Mr. Common Serjeant.
MR. BOTTOMLEY conducted the Prosecution; and MESSRS. COOK and HARRIS
JOHN DODGE . On Friday, 30th June, I was at Mr. Wilderapen's, Railway Inn, at Feltham—I went there about 11.30, and left about 12.30—I saw Merrick, and a man named Ham, drinking there—they asked me to drink, and I drank with them—I left about 12.15, with my wife, to go home—I stopped a minute or two outside—I heard a bother between the prisoner and a man named Bushnell—I turned round to go back—before I got to them he knocked Bushnell down—I said "You ought to be ashamed of yourself to knock an old man down like that, and old enough to be your father"—he said "You can take it up, if you like"—I said "I don't wish to"—he turned round, and knocked me down—I got up, and we had a bit of a scrummage—we both fell—we got up, and he said "I will have no more of this," and he drew back 3 or 4 yards away from me—my wife halloaed out "He has got a knife"—he came towards me; I tried to get away, and Ham knocked me down on my right side—the prisoner ran in, and stabbed me on the left his directly I fell—I halloaed out "I am stabbed!"—I put my hand down to my thigh, and there was blood running down—Bushnell and my wife helped me up—she was close by, the whole time—the prisoner stood a little way off after he stabbed me—I am sure he is the man that struck me.
Cross-examined. I had been to the review at Bushey Park that day—I went after dinner-time, with another man—we got there about 3 o'clock—after we came away, I went home, and went out again—we called at one public-house, not more—I had had two or three pots of half-and-half that
day—that was on the way down—we stopped at Hampton first of all, and then we went into Bushey Park—we had nothing at all there, only a bit of lunch, which I took in my pocket; nothing to drink—we were at Bushey five or six hours, and had a pint of half-and-half—that was not in the Park—I only had that one pint from the time I got down till my return home, and that was at Hampton—after I got home I went to this public-house, to ask for some half-and-half—Bushnell, Ham, and the prisoner were there—Ham is here to-day—there were a few others there besides, five or six persons, that I saw—Bushnell came out first, and I came out after—the prisoner did not come out with me—my wife was close by when I was stabbed—she came to the public-house, and asked me if I was going home, and I said I was in a few minutes—I went out to go home, and got into this bother—I went about 3 or 4 yards from the door—I went back because I heard the row between the old man and the prisoner—it was not all done in a minute; it might have taken three or four minutes—the moon was shining brightly, and you could see quite plain—I had a conversation with Mr. Lundy, the medical man, who came to see me—I did not tell him Ham was the man that stabbed me—I will swear that—I was on the ground when I was stabbed, lying on my right side—the stab was on the left hip—Ham stood just by me, and Bushnell was 3 or 4 yards away—we had no words together, we were very good friends before—I had no words with him, except complaining that he knocked Bushnell down—I knew Merrick before; he was a quiet, peaceable man, so far as I have seen of him—I have known him three or four years, and he has always been a hard-working man, as far as I know.
Re-examined. I was quite sober when this took place—Ham hit me, and knocked me down, as I was trying to get away, and the prisoner ran in, and stabbed me—he was only about 2 yards away from Ham—I saw the knife in Merrick's hand.
LOUISA DODGE . I am the wife of the last witness—I was at Feltham with him when he was stabbed—I was standing close by him—we had left the public-house, and had got as far as the railway gates, when we heard the wrangling between Merrick and Bushnell—my husband went back, but before he got back, Merrick knocked Bushnell down—my husband said he ought to be ashamed of himself, and he was old enough to be his father—Merrick said "You can take it up, if you like"—my husband said he did not wish to do so, and Merrick knocked him down—he got up, and they had a bit of a scrummage—Merrick fell, and my husband fell on him—they got up, and Merrick said he would not have any more of it, and he stooped down, to pick up something, as I thought, and I saw him draw a knife from somewhere, but I could not tell where—I called out to my husband, "Merrick has a knife in his hand," and he turned to run away, when Ham ran in, and knocked him down—he went back a yard, and Merrick rushed in, and stabbed him while he was on the ground—my husband called out "I am stabbed!"—me and Bushnell helped him up—he put his hand to his left thigh, and drew it away full of blood—I called "Murder!" and "Police!"—my husband was sober—I went into the public-house about 11.45, and he had been there about a quarter of an hour.
Cross-examined. The prisoner was the worse for drink—I went to the public-house to fetch my husband home—I often fetch him home when he is out late—I saw Merrick ask my husband to drink, and he asked Merrick to drink during the time I stayed there they had a pint pot—I
don't know whether it was half-and-half or not—there was no one close to Merrick when he stabbed my husband—Ham was about two yards away, and I was about two yards from Ham—there was a mob round, but not near them—I have been convicted of an assault on a woman—we had 3s. 6d. each to pay—I have been convicted once besides that—Merrick went back three or four yards when he stooped down—I thought he was going to pick up something—I don't know whether he did or not.
RICHARD HAM . I was present on 30th June—when I went outside the public-house, Merrick called me to assist him—he was on the ground when I got to him—I stooped to help him up, and someone struck me several times, and knocked me down—I got up—I was bleeding from the nose—while I was standing there I heard someone call out "I am stabbed"—I looked round, and saw them taking Dodge away.
Cross-examined. I don't know who it was knocked me down—I was only three or four yards away—I did not see any knife—I could not say whether Dodge was sober or drunk—I did not take much notice—the prisoner was not drunk.
CHARLES WEBB (Policeman T 343). I went to Merrick's house, about 2 o'clock on the morning of 1st July—he was in bed—I told him he was requested to go to the police-station, as he was charged with cutting and wounding Dodge—he made no reply—on the way to the station I asked him if he had a knife—he produced the one I now produce—I went with the prisoner, Sergeant Wills, and Dr. Lundy, to Dodge's house—he was asked whether he could identify the man who stabbed him, and he said "Yes, Merrick"—I did not find any trace of blood on the knife—I produce the trowsers the prosecutor was wearing.
Cross-examined. There were no marks of blood on the knife, and it did not appear as if it had been wiped at all—it is an ordinary workman's knife—there was dirt inside, as if it had been kept in the pocket—he produced the knife at once, and did not hesitate at all—Ham's name was not mentioned to me at all—I told the prisoner he was wanted for stabbing Dodge—he made no answer—the knife is a little bit rusty now—it was brighter then—there were no marks of blood in the prisoner's pockets, or about his clothes—there was blood on his shoulder, but that was from a wound on his head.
LEWIS FRANCIS LUNDY . I was called in at 12.30, on the morning of 1st July, to see the prosecutor—he was suffering from an incised wound on the upper part of the left hip—it was about half an inch deep, and not more than half an inch in length—a knife of this description would inflict such a wound—he lost a large quantity of blood—I attended him for ten or twelve days—he is quite well now.
Cross-examined. I have been in Court during the trial, and have heard the evidence given by Dodge—I think that the wound was sufficiently deep to have been given with force—I should not expect to find a large quantity of blood on a knife of this kind if it was immediately withdrawn through a man's shirt and trowsers—you may or may not find any—there was a great deal of blood on the trowsers—I should have expected to find traces of blood on the knife if I had seen it immediately afterwards, but it is quite possible that being withdrawn no trace of blood would be found on it—the knife was shown to me about 5 o'clock that morning, and it was very much in the same state as I now see it; it has got a little rusty now, hut there was he appearance of its having been wiped—when I went to
Dodge's house I asked him who did it—he said "Ham, Dick Ham, and a tall young man that worked with him"—Merrick was not there then—I have known Merrick three or four years—he has always borne the character of a peaceable, quiet, industrious young man: well disposed, and not at all violent or quarrelsome.
Re-examined. I went with the constable, and the prisoner, to Dodge's house in the morning, some hours after I first went—he was asked who it was had stabbed him, and he then said "It was Merrick."
COURT. Q. You say when you first went in to see the prosecutor, you asked him who did it, and he said "Ham, and a tall young man, who was with him?" A. Yes—he was quite sensible at that time—he was losing a large quantity of blood—he was going to say something more, but I stopped him—he had perfect command of his faculties.
DR. LUNDY (Re-examined). The prosecutor's wife came to my house, and said "My husband is dying from a stab; will you come and see him at once??—I said "Who has done it?"—she replied "Dick Ham."
The prisoner received a good character.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
GEORGE ROGERS YONGE . I am cashier to Messrs. Crosse & Blackwell, 21, Soho Square—on Thursday, August 3rd, the counterman brought me this order, signed "Thomas Bateman," who was a customer of ours. (This was a bill-head, with various addresses upon it, with the words "Please deliver to bearer half a gross of red currant jam, half ditto of raspberry, and half ditto black currant, and oblige, for Thomas Bateman, F. H. Wells.") I handed it back again to the shopman.
THOMAS FLETCHER . I am shopman to Messrs. Crosse & Blackwell—on 3rd August the prisoner came, and presented this order to me—I showed it to the cashier, and let the prisoner have the goods—I asked him if he had brought anything to put them in—he said "No"—I said "You must have them packed."—he said "Yes"—I asked him which shop he came from, and he said "From the Hackney Road shop"—the goods were worth nearly 7l.—I am positive the prisoner is the man.
FREDERICK HORNE . I am in the employment of Messrs. Crosse & Black-well, as a packer—the prisoner came to the warehouse on 3rd August, with a horse and cart—I packed six dozen in a hamper, and put them in the cart—he was dressed like a grocer's assistant, with a white apron on—he waited for the three hampers to be packed, and then he went away with them in the cart.
THOMAS BATEMAN . The addresses on this bill-head are not all correct—there are five mistakes in it—this is one of ray bill-heads—I know nothing of the prisoner, or of this order—I have no one named Wells in my employ, and never had.
Prisoner's Defence. I was employed by two men in Holborn, at the corner of Brownlow Street. They asked me if I wanted a job; I said "Yes," and they told me to go to Crosse & Blackwell's.
GUILTY — Eighteen Months Imprisonment.
There was another indictment against the prisoner.
JOHN BARNETT . I am a labourer—I was haymaking about two miles from Edgware—on Friday, 4th August, about 2.15 in the morning, I was lying at the aide of the road—the prisoner came up to me, and asked me for my money—I told him I would see him d——first, and got up, and showed fighting—he overpowered me, and I fell down—he put his hand in my trowsers pocket, and took out all my money, which was about 12s.—I struggled to get up, and he kicked me under the jaw, and said "Lie still, or I will break your jaw for you"—he had a female with him—she said "Don't hurt him"—they went away, and left me—I laid there, half senseless, for a little time—I got up, and went and laid down in a barn, being a stranger there—the next morning I got up, and went into the road, to see if I could see a policeman—I gave him a description of the man and woman—I went out in the hay-fields, to do my work—I was afterwards sent for to the police-station, and saw the prisoner and the woman with other men and women—I went up to the prisoner, and said "That is the man," and I went to the woman, and said "That is the female"—she was afterwards discharged—she never laid the weight of her hand upon me.
Prisoner. I picked you up from the ground, and you accused me of robbing you, and I struck you.
ELIZABETH GIBSON . I was working in a factory at Woolwich—I travelled about with the prisoner for a week, about 4th August—I was with him on that day—I saw the prosecutor lying at the side of the path—the prisoner went up to him, and said "Come, get up, the grass is wet," and he lifted him up—I stood a little distance off the prosecutor said he must lie down, for he felt tired—the prisoner let go, and we walked along a little way—I turned round, and saw the prosecutor trip at the side of the path, and fall over—I stood where I was, and the prisoner went back to him—I don't know what he said, but he struck him, and put his hand in his pockets—he went to strike him again, and I went back, and told the prisoner not to hurt him—he did not take any notice of me, and still had his hand in his pockets, struggling for the money—the prosecutor tried to get up, and he struck him a second time, and knocked him down—he seemed insensible then—theprisoner pulled his hand out, with the money in it—I told him to put it back, and he said he would not—he went to strike the prosecutor again, and I stopped him—I saw the money in the prisoner's hand, and counted it; there was 7s. 7d.—we then went away to Edgware.
Prisoner. What she says is all false.
GEORGE PEARCE (Policeman S 149). I received information of the robbery, and a description of two persons—I traced the prisoner to the Green Man, at Hendon—I found him in the company of a female—I told him I wanted him for assaulting and robbing a man they called "Happy Jack" last evening—he said "You must be joking; you don't mean it"—I said "Yes, you must go to the station with me"—I took them to the station—he was placed with seven other men in the station yard, and the woman was placed with four others—the prosecutor then went into the yard, and he picked them both out—the prisoner was charged with robbery with violence—3s. 6d. in silver, and 6d. in bronze, was found on him.
Prisoners Defence. I should not have stopped near there if I had committed the robbery.
He also PLEADED GUILTY** to having been before convicted in December, 1868.— Seven Years' Penal Servitude.
MR. MORTON conducted the Prosecution.
JOHN SAMUEL CHILVERS . I live at 19, Half Moon Crescent, Barnsbury—on the night of 3rd August, I closed my premises about 11.58—I left them all safe, and went to bed—when I came down next morning the landing window was broken open—I had closed and fastened it myself the evening before—I missed four coats, and a tin can containing about 2l. 5s., several other articles, and some instruments belonging to my brother-in-law—I went to the station directly, and on the 4th I saw three of the coats which I had lost.
Prisoner Alfred. Q. How long have you known me? A. Six years—you have been in the habit of using my house, with other neighbours—I keep wine and ale stores—you were in the house on the night in question—I don't think you were intoxicated—when we" looked over the kitchen at your house, I found a piece of paper that was in one of these coats, underneath the grate.
JANE KEEP . I am the wife of George Keep, and live at 4, Charlotte Terrace, Barnsbury, where the prisoners live—about 1.30, on the morning of 4th August, he came home, and went down in the kitchen, where they commenced quarrelling for a few minutes—a little while after that I saw a man come and throw something at the window—the male prisoner went to the street door and answered him—the street door was open five or ten minutes—it banged to again, and he went down stairs—I saw two men come to the house after that, and throw some coats down the area—that was about 2.45—they were coats like these—the male prisoner took them in—I saw no more of them afterwards.
Prisoner Alfred. Q. Was I sober that morning? A. I can't say—you did not go out again after you came in—you came home almost every night intoxicated, and quarrelled—I saw you open the area door through my broken window—I got out of bed, and I saw you in the area, and I saw you take the coats in—my bedstead is level with the window, and about a foot from the wall—I don't know what the depth of the area is—you had a candle—it was not daylight—I did have a piece of brown paper over the window, but it was broken down, being very hot—I am sure you took the coats in—there was no one in the house but the cat and dog, and it is very certain they did not drag them in—your wife was in the yard, she ran away from you.
ISAIAH WARR (Detective Officer Y). I took the prisoner in custody about 12 o'clock on the night of 4th August—I told the male prisoner he was charged with others not in custody in being concerned in breaking and entering the premises of Mr. Chilvers, and stealing four coats, a pair of boots, and 2l. 5s. in money—he said "I know nothing at all of the robbery, I shall not go with you"—we had a struggle—I got assistance, and he was taken to the station—I asked him how he accounted for having the coats in
his possession—he said "Two men brought the coats there, and threw them down the area, and ran away; I knew nothing at all whose they were"—Hill brought the female prisoner to the station—I told her the charge—she said she knew nothing at all of it, she had seen no coats, nor had she pledged any—I found twenty-one pawn tickets in the house, and a piece of paper under the gate, which Mr. Chilvers produced, partly burnt.
HENRY HILL (Policeman Y 209). On the morning of 4th August, between 12 and 1 o'clock, I saw the male prisoner standing at the prosecutor's door—the female prisoner was about twenty yards away, in company with another female—I did not see what became of them, I went on—I afterwards accompanied the officer, and took the female prisoner into custody—she resisted very much.
Prisoner Mary. Q. What kind of a person did you see me with? A. A stout woman—I could not swear whether she had a baby or not—I knew the woman, and have seen her many times.
Alfred Hearne, in his defence, stated that he went home with hit wife intoxicated, and they had a quarrel, and hit wife his herself, and that he went to sleep, and it was not him who went out into the area, and took the coats in.
Mary Hearne stated that she found the three coats in the area the next morning, and went and pledged them, as they were in difficulty about paying the rent.
ALFRED HEARNE— GUILTY† of receiving — Fifteen Months' Imprisonment.
MARY HEARNE— NOT GUILTY .
MR. MORTON conducted the Prosecution; and MR. BESLEY the Defence.
CHARLES DICKENSON WAITE . I am relieving officer to the City of London Union—on Saturday, 8th July, I was standing on Tower Hill, looking towards the Tower Gate—a little dog I had with me began to bark at something, and I looked over my shoulder; I saw the prisoner—his chest was almost touching my right shoulder—I saw his hand pass in front of me with incredible swiftness—he gave a very violent pull at my watch guard—the guard did not break, and the next minute I saw my watch in the prisoner's hand—he examined the bow, and endeavoured to detach it from the swivel—I held out my hand, and he put the watch back in my hand—I said "You thought to rob me of my watch, but the swivel is too good for you"—I gave him into the custody of 223 H.
Cross-examined. The Tower clock struck 7.15 as the prisoner dashed his hand across me—I went on Tower Hill for a breath of fresh air—I had been attending to my duties all day—I am responsible at the Union night and day, and I don't get much time to myself—there was a crowd there, but I was not of the crowd or in the crowd—the volunteers were coming down—I found a policeman forty yards away—the prisoner did not attempt to run away, he had not the chance to do it—I did not hear the prisoner say to the officer "This man charges me with attempting to steal his watch"—he told me I had made a mistake—I said I could swear he took ray watch and put it in my hand afterwards—I told the constable I charged him with attempting to steal my watch, and that was all I said—the prisoner has been in custody since 8th July.
Cross-examined. I did not see what occurred; I saw the crowd at the bottom of the hill—the prisoner and prosecutor walked towards me—the prisoner was about three feet in front of the prosecutor—the prosecutor said "I give him into custody for attempting to steal my watch"—when they got up to me they both stopped—the prosecutor spoke—the prisoner said "I have got nothing to say if the prosecutor charges me"—I did not hear him say it was quite a mistake.
Four Months' Imprisonment.
594. WILLIAM MEALE (22), and GEORGE DAY (28), were indicted for that they, well knowing that one Robert Lea, alias Muller, had burglariously broken and entered the dwelling-house of Henry Smith, and had stolen various articles, feloniously did receive, harbour, assist, and maintain him.
MR. MOODY conducted the Prosecution; and MR. THORNE COLE the Defence.
SARAH SMITH . I live in the parish of Mortlake—on 31st July, I left my house about 9 o'clock in the morning, to go to work—I locked the house up, and left all safe—I came back about 6 o'clock in the evening, and found the house had been broken into—I found out next morning, Tuesday, that someone had got in by the washhouse window—I missed 14l. 16s. 6d., an old silver watch, and other things, worth about 5l. more—Miss Ellen Ogden, a neighbour, told me something she had seen, in consequence of which I went to Latimer Road station—I saw no one there, and went to Shepherd's Bush Market—that was on the Tuesday—I saw a cart, with a number of young men in it—one of them was a man named Muller, who was supposed to be the thief—I did not know him by the name of Lea—the prisoners were two of the men in the cart—Day was the driver—I went up and spoke to Day first—I asked him kindly to stop; he would not do so—I told him that my house had been robbed by the party who was in the cart, they called Muller—I said "Stop, you have the thief in the cart that robbed my house"—he would not stop; I asked him several times—I ran by the side of the cart—I caught hold of the reins, and stopped the cart, and called for assistance—a man came up, and I told him, and begged him to get a policeman, but he did not try to assist me—the thief got out of the cart, and I held him by the arm—I had kept up with the cart before that by hanging on to the back of it—Meale punched my hand to get it off, but I kept my hold—he took a piece out of my thumb by trying to get me loose from the cart—he said "Let go"—I said "I will not let loose; you have the thief Muller in the cart, who broke my house, and robbed it"—Muller got out of the cart, but he got in again directly—I caught him by the arm, but he got away from me—they kept on driving down the Uxbridge Road—I followed them to the White Horse, at Hammersmith—when they got to the railway arch, Day said to Muller, "Jump, Muller; run, take the fields for it"—he jumped down—I followed him through one field—I lost sight of him then, and came back into the road, and found the cart had gone on—I went in the direction I thought they had taken, and caught them up at a public-house this side of Acton—the men were all out of the cart—I gave We prisoners in custody on the Thursday—Muller is in custody now—I appeared against him at the Richmond Police Court, on Wednesday last—he was
committed for trial at the Surrey Sessions—he was the man who was in the cart, and he got away through the prisoners' assistance.
Cross-examined. I don't belong to the tribe of gipsies, although I am dark—the house is not my own; I rent it—the 14l. or 15l. was my own and my husband's savings—I don't tell fortunes—there were eight men in the cart—it was the day after my house was broken into that I saw Muller in the cart—Muller is now awaiting his trial; he has not been tried yet.
JAMES GIBSON (Policeman X 343). I took Day into custody on Thursday, 3rd August, in the Potteries, Netting Hill—I went there with the prosecutrix, and she pointed him out—I said "You are given in charge for aiding Muller to escape"—on the road to the station he said "I don't know what I am here for; I must do something for a living; it costs a lot of money now to keep a horse."
Cross-examined. I have seen him with the horse and cart frequently about Notting Hill.
————ANTECOTT (Policeman X 368). Meale was given into my charge by the prosecutor—he refused to go to the station first—I said "You may as well go with me"—he said "All right, I will go," and he went quietly—I asked him no questions.
WILLIAM ENGLETON . I live at Crescent Street, Notting Hill—I was at the railway station on Tuesday, 1st August—I saw the prisoner Day driving a cart, and Mrs. Smith running behind—I heard her say "You have got a man in your cart that robbed my house"—the driver did not pull up at all—she ran behind the cart, and then she caught hold of the horse's head, and stopped them on the bridge—she got Muller out of the cart—I had seen him several times before—I never knew him by any other name but Muller—she caught hold of him, and said "Come over to the public-house with me, and have a pint of beer," but I believe she wanted to get him there to trap him—he jumped up in the cart again, and they went down the Uxbridge Road—she followed them—I did not see any more of them afterwards.
Cross-examined. I am an acquaintance of Mrs. Smith's—she was sober at the time.
ELLBN OGDEN . I know where Mrs. Smith lives—I remember, on the last day of July, her going away from her house, and leaving it shut up—I saw a young man, named Muller, who used to live at Mrs. Lea's, go to Mrs. Smith's house—I saw a little boy open the window of Mrs. Lea's house for him, and Muller got in at the window—he went through the house, and into Mrs. Smith's back yard—he got a knife from Mrs. Lea's house, and opened Mrs. Smith's back window with it—I was sitting at Mrs. Brockshall's door, nursing the baby—I saw him come out of Mrs. Lea's front door afterwards, the same as he went in—he went into Mrs. Lea's first, and then into the back yards—the three yards are all in one—he came out of Mrs. Smith's window, went through Mrs. Lea's house, and went away—it was between 4 and 5 o'clock in the afternoon I saw him—I told Mrs. Smith when she came home on the Tuesday morning—I have been before the Magistrate at Richmond, and I have seen the young man there whom I saw get through the window—it was the man Muller—he was committed for trial.
Cross-examined. I did not make any alarm at the time—I did not think he was going to rob the house.
they were going about seven miles an hour—Day was driving—the prosecutrix was hanging on to the cart, calling for assistance—she was crying out there was a thief in the cart—I ran up, with another man, and Muller jumped out of the cart and ran away.
Cross-examined. I know both the prisoners—I have known Meale about a year—I never knew anything against him—he works at a blacksmith's—I have known Day about twelve months—I know nothing against him—he has been at my place a great many times—he is a stone labourer—there was a cart load of men—they were going in the direction of Uxbridge—they were about three miles and a half from where Day lives—they seemed to be out on a day's spree.
MR. COLE submitted that there was no case to go to the Jury, in the absence of any proof of the original felony by Muller, and of any identity of the property. MR. MOODY contended that there was sufficient evidence to go to the Jury. THE COMMON SERJEANT was of opinion that the case as to Muller, if he had been on his trial, would, upon this evidence, have amounted merely to suspicion, and not sufficient to convict; under those circumstances, he did not see how the prisoners could be convicted as accessories, and directed a verdict of NOT GUILTY . The prisoners were again indicted for an assault on Sarah Smith, upon which no evidence was offered.
NOT GUILTY .
OLD COURT.—Thursday, August 17th, 1871.
Before Mr. Justice Montague Smith.
MR. BESLEY conducted the Prosecution; and MR. SERJEANT SLEIGH with
HUGH FREDERICK SILLS . I am a captain in the Argyll and Bute Militia—I have a public appointment—my salary is now about 250l. a year—I live with my parents at Blackheath—I am twenty-six years of age—I first saw the prisoner in January, 1870, in the Brompton Road; I met her by chance—I got into conversation with her, and went to her house, Ivy Lodge, North End, Fulham; she lived there—I went there that evening, about an hour and a half or two hours after I met her—an intimacy commenced at that time; the same day that I first met her—I visited her, there, once or twice, up to September of that year—in December I took a house at St. Anne's Villas, Royal Crescent, Notting Hill—she removed her furniture there, and we lived there together—between September and December my visits had become more frequent—I lived there with her for about five weeks—I discovered that she frequently indulged in stimulants—during that five weeks I left her once; I think more than once, but I am positive I left her once—before I left her I saw her with a table-knife in her hand one night; that was in January—it was after I had gone to bed—I had dropped off to sleep, and Mrs. Sadler was down stairs—when I awoke I found her at the side of the bed, on her knees, with the knife in her hand, looking at me—I got out of bed, and took it from her, and threw it under the bed—she then came to bed, and during the night I woke up and found she was outside, on her knees, groping under the bed, but the bed was only about half a foot from the ground, and she could not get more than her arm underneath, and when she found that I was noticing
her she got into bed again—nothing was said about it that night, but next day she said she only did it to frighten me—in April, 1871, she removed from St. Anne's Villas to Harwood Road, Moor Park—I left her, and went into lodgings, at Chelsea, at the beginning of February, with Mr. Esse, a friend, of mine—I still continued to visit the prisoner at intervals, and she sometimes came to my lodgings—she frequently made use of threats to me; she said that I should never leave her, except by force, and she threatened to go down to Blackheath, and expose all about me to my parents—there was no other threats whilst I was lodging at Chelsea—she was once taken to the Westminster Police Court for creating a disturbance at the lodgings, bat I was not present—in the Harwood Road she said she would kill me; that was about a week before this occurrence—I was alone with her; it was at her house—I told her that I was going to leave her, and* she frequently said during the day "You shall never leave me, I will kill you sooner"—she continually repeated that, at various times, whenever I mentioned that I should leave her—I told her that very often, and I asked her to talk quietly over it, and see if we could not leave quietly, and she constantly said I should never leave quietly, it must be force that would take me away, that I should never leave her; she said "You shall never leave me, except by force"—this occurred on more than one day, two or three days running, whenever I broached the subject—on one of those occasions I saw the same dagger that I was afterwards stabbed with, lying on the bed—this is it (produced)—she went out of the room, one night, and brought it in; that was about four or five days before I was stabbed—she did not say anything then, she thought I was asleep—I was in bed; she was in bed, too—she got out of bed, went into another room, and brought that dagger back with her; she laid it on the bed, and then went to her wardrobe—I jumped out of bed, and took hold of it, and threw it on the top of the wardrobe, and asked her what she was doing—she made no answer, but got into bed again; and next day I took it from the wardrobe, with three others of the same sort that were in the back room, and threw them on the top of a cup-board, out of reach, unless you got on to a chair to take them—next day I asked her what she meant by it, and told her that I was never born to be killed by her—she made no reply—previous to the 24th of July I think she had nearly made up her mind to let me go—I had been discussing it with her frequently—on Monday, 24th July, I did not know of her intention to go to Blackheath to my parents—I had not seen her since Friday, the 21st—on the 24th I was at the Charing Cross Station, about to go to Blackheath, about 9.45 at night—just as I was going on to the platform, to the train, I caught sight of the prisoner—I turned away; she came running after me—I asked what she was doing there—she said she had just come up from Blackheath—I asked what she had been down there for—she said she had been looking after me—I then went to go through the barrier, to go to the train, and she caught hold of me, and said that I must go back with her to Harwood Road—I refused to do so, and said that I would not leave the stations—she made me miss one train; it went off while we were talking—she then wanted me, as I had missed the train, to go back with her—I still refused, and she said she would not leave me unless I did go back with her—I persuaded her to go quietly by herself, and I put her into a cab, and promised that I would go the next night to Harwood Road—she then went away, and I went to Blackheath—next evening (Tuesday) I did go to her place, about 5.45—she was in bed when
I arrived there—I told her that I was very angry with her for having gone down to Blackheath, as whatever our own disagreements might be, she had no business to go down to my parents' house, and I said I was very angry indeed, and I thought it was a great shame of her—I then went up stairs and began packing some things up—Mrs. Sadler then got up and put on a dress and a shawl—I went into the dressing-room to get some things out of a drawer, and she brought up some handker-chiefs and things from down stairs—I went up stairs again and left her in the bed-room—she called out to me "Fred, have you anything to say to me before your brother comes?"—I had told her that my brother was coming in half an hour—I said "Yes, I will come down stairs"—her bedroom was the front room, first floor—I was upon the second floor—I went down to her bedroom, the windows were open, and she went and shut the windows and door after I had gone into the room—I said "There is no occasion to do that, because the people outside can't hear what we have got to say"—I then went and sat down on the side of the bed, and asked her to come and sit by my side—she came and sat down on my right side—I then asked her if she was perfectly satisfied with the reason I had given her for leaving—she said yes, she was—I took her left hand, and said "When we part, let us part friends"—she made no reply at the time, and I felt a sudden blow on my left side—I jumped up and took from her this dagger, it was bent with the force of the blow, I concluded—I then went to the window and threw it open, and sat down on a chair at the side—I then felt something warm running down my leg, and I found that I was bleeding—I took a towel and stopped the bleeding as well as I could; a knock then came to the door, and Mrs. Sadler went down stairs to see what it was—as soon as I felt the blood trickling I said "You have hurt me"—I think I said "You have killed me"—when she caught sight of the blood, she said "What have I done?"—I don't recollect that she said anything else in particular; I was very much confused and agitated with the blow—when she went down stairs, I went down into the drawing-room, so that I could be near the door, and I called out to her not to let the little girl go, to send her for a doctor; I had seen the little girl coming across the road; however, she went away, and Mrs. Sadler came up into the drawing-room—I was then sitting in a chair, with my leg resting on another chair—I was afraid to move—I asked her again to send for a doctor; she did not for some time, and I asked her if she would let me stop there and bleed to death; at last she went to the door, and called a man who was passing, and I told her to tell the man to go for Dr. Rees, I think the name is, who lived opposite the Fulham police-station, and if he was not at home to fetch the first doctor he could; the man went away, and came back again and said Dr. Rees was not at home, but he had gone for another doctor, Mr. Lee, and he would be there in a short time—whilst he was gone for the doctor the prisoner was in and out of the room; she had not put on any more clothes; I told her to go up stairs and dress herself, she would not like to be caught as Mrs. Davey was—(I had seen it stated that Mrs. Davey only had part of her clothing on)—the blood was still flowing, and I had two towels then—she would not go up and dress herself—she came up to me about five minutes afterwards, and snatched away the first towel that I had, which was marked with blood, and took it away somewhere, I don't know where; soon afterwards the doctor came; at first she did not want to let him in—she opened the street door, but would not let him come in
until I called out "Doctor, come in"—when the doctor came in, I asked her to leave the room—she did not—and I then opened my dress, and showed the doctor the wound, and pointed to Mrs. Sadler—she said "Yes, I have done it"—the doctor looked at the wound, and said he would not inlerfera with it, as he could not tell in what direction the cut lay—I asked him if he would wait for a short time until my brother came, as I did not like being left alone—Mrs. Sadler asked the doctor if he thought it was serious—he asked her to get some cold water and a handkerchief, or some linen—at first she refused—she said she was not going to carry things up for me, but after some time she went up stairs and brought up some water and a handkerchief—she then told the doctor, as he seemed to have done all he could he had better go—I asked him to stop till my brother came—he waited some time, I should fancy quite an hour, and as my brother did not come, he said he would go out and see if he was wanted at his own house, and come back again, and I gave him a card to give to a friend of Mrs. Sadler's, to ask her to come there—the doctor then went away, leaving the street door open, so that he might be able to come in again—I remained in the drawing-room on the same seat, I had not moved—Mrs. Sadler remained in the room—she kept saying to herself "I will kill you! I will kill you!" but beyond that she said nothing—after some time my brother came, the doctor returned just before him; the wind had shut the door, and when I heard the knock I went to open it; Mrs. Sadler tried to prevent my opening it—I opened the catch, and told whoever was outside to push the door and come in, and the doctor came hi, and soon afterwards my brother came in, and after about an hour's time I was removed—my brother remained in another room with Mrs. Sadler while I went out at the door; she refused to let me go, she said I should not leave the house—the doctor got a cab, and while she was in another room, he put me into the cab, and drove off with me; I then went back again to the house—I was more than half an hour in the cab, waiting at the corner of the street until they came—the reason I gave the prisoner for leaving her was, that my mother wished me to break off the connexion with her, as she had found it out, and that I had promised to do so—only a few seconds elapsed between my saying "Let us part friends" and my receiving the blow—I had not seen the weapon in her hand before I received the blow; it came upon me quite unawares—it was a very violent blow—I lost a good quantity of blood; I should fancy about a pint—I have here the trowsers, drawers, and shirt that I was wearing; the cut went through them.
Cross-examined. It was while the doctor was away that she said "I will kill you! I will kill you!"—I don't think I stated that before the Magistrate, or that she wanted to prevent the doctor getting into the house, or about the threats she made use of on former occasions: I was not asked—I am sure it was the first day that I met the prisoner that I went to her house; the game night, about two hours afterwards—she did not tell me at that time that her name was Mrs. Sadler—we went together to her house—we walked part of the way and then went and had some wine, and then bad a cab to North End—she told me to direct where to drive to—she did not tell me that I could not come in then, because she was afraid that her husband was at home—it was about 7.30 or 8 o'clock in the evening that I first met her, and it was about 9.15 or 9.30 that I went into the house—at that time I was living at Chelsea, with my parents—it was in the Brompton Road that I met her, about two miles and a half from her house—it was
not a Hansom cab that we drove in, but a four-wheeler—we went to a public-house; I don't know the name of it, and remained there about five or six minutes—we drove up to North End, and then she asked me to go in and look at her house—I at first refused, but afterwards I went in, she showing me the way—I was in the house about five or ten minutes and then left; I did not go back again that night—I did not say that I had connexion with her at that time—I have not answered upon that point at all—I did not have connexion with her that night in her house—I did somewhere, before going with her into her house—I was with her for an hour and a half or two hours until I went to the house—we did not go to any other house than the public-house—it was three or four weeks afterwards before I visited Ivy Lodge again—I went by previous appointment with her; it was in the evening that I went—I did not sleep there that night—she had not written to me previously to that visit, she made the appointment to meet me at another time—I met her occasionally—she did not tell me it would not be safe to go to the house, for fear her husband should happen to be at home—she told me she was a kept woman—I did not know at the time that her name was Sadler, afterwards I did—I don't think I stated before the Magistrate that she told me she was a kept woman; the question was not entered into there—I took the house at St. Anne's Villas, and paid the rent of it—at that time my salary was about 220l. or 230l., in the same office—it was the prisoner's furniture that was removed to that house—I frequently contributed money towards the household expenses, not for her personal maintenance—I had a banking account—I gave her a cheque once for 9l.; that was for her to pay her landlord at Ivy Lodge, which she repaid me at once—that was simply lent, but otherwise I did not give her any cheques, I drew the money myself—I took out a policy of insurance on the furniture in my name, because the house was taken in my name, and I handed her the policy—I know now that she is a married woman; I did not know it for some time after I first met her—I knew it before I took the house at Notting Hill, about a month after I first met her, about February—when she moved from Ivy Lodge she asked me to go with her; I at first refused, but afterwards I said I would—she once lent me two rings, one I had for about three months, and the other about a week; I returned them both to her—I raised money upon them—we had several quarrels; they were not always lovers' quarrels, they were frequent quarrels; they were mainly quarrels arising from her use of stimulants—she professed very great devotion and affection towards me—I have heard her say that she would kill herself rather than be separated from me—I don't think I had been talking about leaving her on the occasion when I found her with the table knife; I had frequently said that I would leave her, and she frequently said "You shall never leave me except by force"—I once struck her a blow accidentally, I can explain that; it was not the result of a quarrel—the blow was near the eye, and she had a black eye; I don't know for how long—it happened during a struggle; she got up about 12 o'clock at night and was very violent, and wanted to get out of the bedroom, I locked the door and said she should not go out; she said if I did not let her out she would jump out of the window; I then let her out of the room, and she said she would go out—this was about 3 o'clock in the morning—she went out, and after a time came back, rushed up stairs and threw things at me, and begen hitting me with a boot; I restrained myself for some time, and at last struggled with her to put her into bed, and in the struggle this accidental
blow in the eye came—I did not hit her directly on the eye; she was fighting and struggling, and she is perhaps nearly as strong as I am—she was at that time under the care of Dr. Bannister, for excessive stimulants I believe—in cross-examination before the Magistrate I said I had blacked her eye—I don't think I called it an accident; but I did not go into details, I was simply asked the question and answered it—after one of our quarrels I took up a sword; I did not threaten to do anything with it—she was outside the room, and I made a cut at the door—it was not with any intention to get the door open, simply that she should hear it; I put it away again instantly—we had had a quarrel, and she was rushing at me, and I went into the next room and struck the door with the sword—I thought it would frighten her if she heard it—I wished her to know that I had a sword in my hand—I did not on another occasion stand over her with a sword in my hand, I held an empty leather scabbard without a sword in it; that was in the night time, or rather in the early morning, while we were in bed—I don't know the exact object of it, except it was to frighten her into quietness—these swords and things were part of a lot that were hanging up on the wall, they were not mine; this took place in Harwood Road—the prisoner was, and I believe is, subject to fits, I don't know of what kind—I fancy of an epileptic tendency, but the doctor was not attending her for that at the time—she was frequently in an excited state from stimulants, wine, spirits, and beer; stimulants generally—on one occasion I charged her with an improper intimacy with a friend of mine—I could not prove anything—the Magistrate asked me whether I was perfectly satisfied that there was no foundation for it, and I said I concluded as I could not prove anything I must be.
Re-examined. It was the prisoner herself who told me that she was a married woman—I did not know it in any other way, and I did not believe her at first—I have seen her husband since, in the street; she pointed him out to me—I believe he was living with her at the place she first took me to; I found it out afterwards—I never saw him there—she told me at first he was the man that kept her—the first time I saw her she told me she was kept by a man, and afterwards she pointed him out to me as the man that did keep her; she never told me that he was her husband, but the afterwards told me she was married; and he was her husband—she said she had left him three or four times—she told me that before we went to St. Anne's Villas—I never spoke to the person she said was her husband—I believe he had left her and gone abroad, when we moved to St. Anne's Villas; she told me they had had a quarrel, and he had gone away—she first of all asked me to remove with her—I refused, but after a time I consented, because I thought it would get her away from bad companions that she had contracted there; I consented after she had told me that her husband had gone abroad and left her—I insured the furniture simply because the house was taken in my name—I gave her the policy, and when she moved to Harwood Road she gave it me back, as it was of no use, it was insured in the other house—it was when she was living at Netting Hill that Dr. Bannister attended her—I thought he was attending her for the excessive use of stimulants—I could distinguish when she was labouring under the influence of stimulants, and when she was in an epileptic fit; there was a great deal of difference in the two—in one she was insensible to a great extent, in the other she was anything but that—when this struggle took place she was, in my opinion, suffering from the excessive use of stimulants.
COURT. Q. At the time she stabbed you, in what state was she as to sobriety? A. I think she had been drinking, but she was quiet at the time she did it—it was very difficult to tell sometimes whether she had been having anything or not.
MR. BESLEY. Q. Was she then suffering from an epileptic fit? A. No, because that makes her insensible—it was in the Harwood Road that I took the sword, and made the blow at the door; that was about the beginning of last July—may I explain that—I had said then that I should leave her, on account of disagreements, and I also wished to return to Blackheath, and the night before I had packed some of my things in a box, and when she found this out next morning she was very violent, and began hammering, or hitting me with the hair brushes, and it was simply to keep her quiet from that that I went into the other room, and made the blow with the sword at the door—she had followed me from room to room with the brushes in her hand; I did not mind the hits, but I thought it would quiet her to some extent—she had not been drinking on that occasion, it was in the morning—from the beginning to the end of my intimacy with her I never gave her any direct or intentional blow, to the best of my knowledge; sometimes I have had occasion to hold her down on the bed when she has been in these paroxysms of temper, from the excessive use of stimulants—the empty scabbard was in the Harwood Road; anyone would know that it was a mere scabbard—I used that for two reasons, I thought I had found out that she had been unfaithful, and at the same time she was very violent towards me, and I took up the scabbard to keep her quiet; I think that was some time in May—I went to Scotland after that, and was absent five weeks—I did not seek her out on my return, I had not written to her to say when I was coming home, or anything, and I had gone to Blackheath, and taken all my traps there, not meaning to go back to her, but she met me in the street the very morning I came back, or a day or so afterwards—at any time, if she had requested me to leave her, I would most certainly have done so—I left her twelve or twenty times, I should say—I never went back till she came to me, and then very often I would not go back—she always promised that she would be quiet if I would go back.
MR. SERJEANT SLEIGH. Q. At the time she said she was married, you say you told her you did not believe it? A. No—I did not believe it, but I did not say so to her; some months afterwards, she showed me a marriage certificate.
WILLIAM EDWARD LEE . I am a surgeon, of 27, Moor Park Road, Fulham—on the evening of 25th July I was called to No. 8, Harwood Road—on going to the house there was some difficulty in getting admission, bnt I did get admission—Mrs. Sadler came to the door—I don't think she knew me before—she said "You are the doctor?"—I said "Yes," and then she hesitated, and opened the door, and looked through—Captain Sills called out to me "Come in, doctor," and I had to push the door to get in—the prisoner either followed me, or went with me into the drawing-room, where I found Mr. Sills—he asked me to request Mrs. Sadler to leave the room—I did so once or twice, but she said no, she would remain—he then uncovered the towel from the lower part of his abdomen, and exposed this wound—she said "I have done it; yes, it was me; I have done it"—she repeated it several times—after I had looked at it she several times very anxiously inquired if it was dangerous, and got very excited as I told her I could not give a decisive answer then—I asked her to get some water,
and some linen, or a handkerchief, which after some time she did, but she required a deal of persuasion to get her to do so—the wound was still bleeding slightly; it was on the lower part of the abdomen, on the left side near the groin, and in such a position that the point might have entered the abdominal cavity if it had been directed another way; I am inclined to think it was directed towards the bone, from the mesial line outwardly, towards the left side, but I could not speak with certainty about that; I did not probe it—I saw one towel—he had been losing blood in some quantity, in fact he was suffering rather from it at the time, and from the shock together—he was rather low—he was under my care until the Thursday—I saw him at the Harwood Road on the Tuesday night, and at the hotel to which we took him on the Wednesday and Thursday, and then being satisfied that no important or serious part was injured, I sanctioned his removal to his home—I did not see him afterwards—the prisoner was very much excited when I first saw her, I think partly from stimulants and partly from mental emotion—I had not known her before.
Cross-examined. Her appearance was consistent with that of a person who was overwhelmed with alarm at what had occurred; afterwards she had two or three hysterical attacks while T was there—they were not real epileptic attacks, they were more like hysterical attacks, such as would affect a woman overwhelmed by her feelings, and by agitation at what had occurred—her refusal to leave the room did not appear to be from anxiety as to Mr. Sills' condition, but more from temper; "No, I shan't go, it is my house;" something like that—I was there altogether two and a half or three hours—I was there an hour the first time, and then left and came back again—it was during the last quarter of an hour that she was in the excitable and hysterical state—when I was examining the wound she kept repeating "Doctor, is it serious, is it serious?"
Re-examined. I connect the hysteria with the use of stimulants, excitement generally might bring it on—she was more excited at the end of the two hours and a half than at first, she became insensible at the end of the time—she had what has been described as an epileptic fit, but it was not true epilepsy.
WILLIAM SILLS . I am the brother of Captain Sills, and live with my parents at Blackheath—I first saw the prisoner on Monday, 24th July, at Blackheath, she came to the house—she said she wished to see my brother, and asked if he had come home—I told her he had not come home yet, and I suggested, as I was going out, I would walk with her down the road—I told her that my brother had a great wish to leave her, and that he had frequently expressed his desire, and she had always placed impediments in the way; I hoped she was now convinced that it really was his wish to leave her, and I trusted that she would allow him to leave her quietly without any exposé—she made a long rambling statement, about the unhappy way in which she lived; she said she was a very violent temper, but she always felt sorry the next day for what she had done—I told her I was surprised, as they lived on such terms, that she should wish him to continue to live with her—after some considerable conversation, all tending to the same point, she said "Well, he shall leave me quietly; of course I used to love him very much, but that has gone by now"—I said "There is no doubt ne will see you before he leaves you, and I hope you will let him leave you quietly," and we said she would—she then left by the train; I saw her into the train—next evening I had an appointment with my brother to go to her house;
she had previously given me her address—I went there between 8 and 8.30—when I knocked at the door I heard someone say "He shall not come in;" eventually, after a very short interval, the door was opened, and I went into the drawing-room, and saw my brother sitting on a chair, holding a bandage to a wound which he had in his abdomen, and he said "She has stabbed me, she has done it at last"—she said "Yes, I have, and I will do it again, he shall not leave me, he shall not live if he does"—she made that statement repeatedly, that she would do it again if he attempted to leave her, that he should not leave the house, he should stay there—she said once, but did not repeat it, "I will do it again if it is in ten years' time, he shall not leave me, I will kill him"—she was in another room, the dining-room, with me, when my brother was actually removed from the house, and she said "Oh, what have I done?"—I said "Sit down quietly and I will tell you, you have probably killed my brother," she said "I don't care, I will do it again if he attempts to leave me"—she asked me to forgive her for what she had done—we had more conversation, but it was all a repetition of what I have said—we stayed in there a few minutes, when she suddenly jumped up and said "Oh, I daresay now he has left the drawing-room"—she rushed into the drawing-room, and found that my brother had been taken away—I wanted to leave at once, but she fastened the door, placed her back against it, and said I should not leave without her; she kept me there for more than half an hour—she went for her clothes, dressed herself, and eventually we left together—she insisted upon following me, to find out where he was; I did not know where he was—next morning I gave her into custody.
Cross-examined. I do not know that she went to the police-station to give herself up, and remained there two hours, but there was nobody to charge her—she followed me to the police-station, and I wanted to give her in charge, first of all, for molesting me, but I did not—she was in a state of excitement.
FREDERICK CHINNERY (Policeman). On the morning of 26th July, about 11 o'clock, I went to the prisoner's house—I asked if her name was Mary Sadler—she said "Yes"—I said "I am a police officer, and I shall take you into custody for stabbing Captain Frederick Sills, last night"—she said "That is just what I expected"—I told her to be careful what she said, as, it might be given in evidence against her before the Magistrate—she said "I did stab him, and I will stab him again."
Cross-examined. She did not then wring her hands, and call him "My poor boy"—that was at the Police Court—hearing her say "My poor boy," I asked her if she had a son—she said she meant poor Fred—she was in a atate of very great excitement at the time I took her into custody—I can't say anything about her being at the Police Court two hours the previous evening, waiting for somebody to give her into custody; I was not there—I heard that she was there.
JAMES MANLEY (Detective Officer). On July 26th I went with Chinnery to take the prisoner into custody—I went to a bedroom, where I understood the prosecutor had been stabbed, and while searching it, the prisoner came into the room, followed by Chinnery—I was looking uoder the bed; she said "You are looking for the dagger;" she turned to a female who was in the room, and said "You know where it is, you have moved it, show him where it is;" the woman, who was a servant, I believe, went down stairs with me, opened a dresser drawer, and gave me this dagger—I then went up stairs, with the dagger in my hand, into the bedroom—the prisoner said "Yes, that is what I did it with, and I will do it again."
Cross-examined. She was in a great state of excitement; she appeared to me as if she was just getting over a very heavy fit of drunkenness, she was three parts drunk at the time—she wrung her hands, and walked about the room as if she was lost—she had no doubt been drinking.
WILLIAM CHARLES ESSE . I am a friend of Captain Sills—I have seen the prisoner on several occasions when Captain Sills has been in my company, at his lodging in the Royal Avenue, Chelsea, in the City, when he has been on duty with his regiment, and at his office at Chelsea—I remember on one occasion being at Harwood Road, at the end of March, or beginning of April, before he had been to Scotland—Captain Sills was very anxious to leave the house; she brought down a serpentine dagger and said "I will make you I stop"—I don't recollect anything further that passed except that the dagger was put into a corner of the room, and Captain Sills took it away—I have heard the prisoner say that he should come back and live with her, nothing more.
GUILTY of unlawfully wounding. Strongly recommended to mercy by the Jury. Fifteen Months' Imprisonment.
MESSRS. BOTTOMLEY and HUMPHREYS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
It appeared from the evidence of the surgeon that the deceased probably died from syncope, caused by loss of blood, from injuries inflicted by herself in breaking some glass, and not from any violence of the prisoner.
NOT GUILTY .
NEW COURT.—Thursday, August 17th, 1871.
Before Mr. Justice Hannen.
597. JOHN HIGGS (32), was indicted for a rape, and also for an indecent assault on Mary D'Arcy. He PLEADED GUILTY to the indecent assault , and MR. BOTTOMLEY, for We Prosecution, offered no evidence as to the rape.— Twelve Months' Imprisonment.
JAMES NEWMAN . I belong to the Army Reserve, which is disembodied at present—I have known the prisoner since last April, and nave passed the night with her on certain occasions—I slept with her, the last time, about 30th July—she was then very drunk—I remained with her all night—a child slept in the same bed, and between 5 and 6 o'clock in the morning, as I was in the act of getting out of bed, she said that her bady was dead—she did not describe the cause of death at all—I saw it dead.
Prisoner. I was very tipsy when to went to bed; I woke up by this good man getting out of bed, and found my baby dead.
SARAH HOOKER . I am the wife of Thomas Hooker, a costermonger, of 64, Golden Lane—I was with him at a public-house, on Sunday—Newman was there—the prisoner was there very drunk—she had her baby on her knees, and she let it slip off—I gave it into her arms, and she went out—her knees slipped, and the baby fell—it cried.
COURT. Q. Was one foot up? A. Yes, on a butt, and her foot slipped,
and the baby fell—I am married, and have children—the way in which she was holding the child was nothing particular; it was the way in which a woman would nurse a child—I think it was about 5.30 in the afternoon, but I hardly know.
THOMAS HUNT . I am a deputy lodging-house keeper, at 83, Golden Lane, St. Luke's—I have known the prisoner four or five years—I saw her on this Sunday, between 5 and 6 o'clock—she was very intoxicated, and went to sit down by the fire-place, on a bushel basket, at 83, Golden Lane—when she sat down she dropped the child from her arms, picked it up in the best way she could, being intoxicated, and gave it her breast—Newman was there; he was drunk, too—she lodges in my house, off and on—at 6 o'clock next morning, I was up stairs, and she was crying—she said "My child is dead"—I stepped into the room, and saw the child lying dead—Newman had gone out, then.
Prisoner. I do not remember dropping my baby at all.
GEORGE EUGENE YARROW , M.R.C.S. I live at 87, Old Street—about 6.30 on this Monday morning, I was called to Hunt's lodging-house, and saw a dead child—I subsequently made a post-mortem examination, and found that it died from convulsions—blows or falls would be likely to produce convulsions.
COURT. Q. Are convulsions a disease which children are subject to? A. Yes, they frequently die from convulsions.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and MEAD the Defence.
ELIZABETH GALLON . I am the wife of John Gallon, an engine-driver, of 37, Crescent Street, Kensington—on Sunday morning, 6th August, between 12 and 1 o'clock in the night, I was standing at my door, and saw Mr. Styles, the deceased, sitting on the step of his own street-door, one area from me, having some words with a woman named Kelly, about 4d.—a few high words occurred, and she said that she could fight him—he got up, and said that if anybody liked to take it out of him they could do so, and a young man came across the road and fetched him a heavy blow in the face—he fell backwards, and I think he was insensible—the same young man gave him four or five blows after he was lying on the steps—the young man had light trowsers, a dark cap, and no coat—he was in his shirt sleeve—as be pulled the man up by his arms, the deceased fell backwards on the kerb stone, a very heavy fall—I think there was a little force used in throwing him down, because he fell so heavily—he lay there about five minutes—a constable came up, and I gave him a light to go to him—the man walked away, and went into the last house on the left hand side—the prisoner lives in that house, and his wife lives there now—Styles did not strike at the man; no provocation was given, nor yet a hand lifted, and I never heard him speak after it was done—not a word was spoken by either party, as far as I heard—the man came out of his house afterwards, spoke to three women, and went back—he had a coat on then—I cannot swear to the prisoner.
Albert Styles' door—the prisoner came from his house, passed Styles, and looked at him—he then came across the road to where we were sitting and said, "I owe that man something, and I will go and pay him"—he went across the road and hit Styles several times in the face; he staggered and fell on the kerb—Styles had not spoken to the prisoner, but he was talking to a woman about 4d.—the prisoner went in doors, and appeared at the window with his mother.
Cross-examined. The prisoner hit him several times when he was sitting on the steps, before he fell—Styles did not speak to Quain, but he said to the woman, "I can fight anybody," he was very drunk.
SARAH BUDD . I am the wife of William Budd, of 3, Crescent Street, Kensington, right opposite the deceased's house—I was at my bedroom window and saw Styles quarrelling with some woman at his door, about 4d.—he was drunk, but knew what he was doing—he challenged her to fight, and she said that she was woman enough for him—the prisoner was talking to the people at Mrs. Turner's steps, and he went across the road and struck him a blow in the face, and he got up and tried to hit the prisoner, but the prisoner hit him and knocked him up against the steps, and he fell very heavily—he lay there five minutes, and two or three young men came up and carried him, and then a policeman came up—I am sure the prisoner is the man who struck him—I knew him before, and recognized him the moment he crossed the road.
Cross-examined. I have not said that I never saw him before—he lives on the opposite side of the way.
ELIZABETH WATSON . I am the wife of William Watson, a labourer, of 7, Crescent Street, Kensington—I was standing with my back to No. 5 railings, that is two doors from Mrs. Lawrence's—I heard a disturbance between the prisoner and the woman Kelly, about 4d.—I saw the prisoner in front of Mrs. Lawrence's house, and as he crossed the road somebody called out, "Don't strike him, Pat" but he struck the man one or two blows in the face—he got up and the prisoner struck him again, and he fell with his head on the kerb and his feet to the door—a person named Wymark went to his mother's window and called out, "Con" or" Quain "and the prisoner went into the house, down the area steps and appeared at the window with his mother—I never heard the deceased speak to anybody—the woman said that she would fight him, she was woman enough for him, for he was no man.
Cross-examined. He appeared to be in liquor, but he did not seem very drunk.
ROSINA CHANDLER . I lived with the deceased, but was at Notting Hill when this occurred—I found the constable with a candle over him, and he slapped him on the face and said "Jack who the b—has done this," but he was unable to answer—I never heard that anybody owed him a grudge—he did not speak till morning—he died about 3.20 in the afternoon.
ALFRED YOUNG . (Policeman 215). I was on duty, heard a disturbance, went to the house, and saw the deceased lying on the steps, half inclined—two ladies were with him—I helped to carry him into the house, and he was put on a bed—he was bleeding from his nose and had a mark on his upper lip—I left the house, he was then in a sound sleep—Chandler said "All right, my old man"—he mentioned her name several times, "Rosy, Rosy."
Cross-examined. I only know the prisoner by sight—I never saw him in any disturbance.
FRANCIS BETTLESTONE (Detective Officer X.) About 1.15 on the Wednesday afternoon after this happened, the prisoner met me and said that he was accused of the death of a man, and wished to give himself into my custody—the inquest was that day—he went to the inquest.
Cross-examined. From the inquiries I have made, he has always borne the character of a quiet inoffensive man.
RICHARD JAMES . I am a surgeon, of 87, Clarendon Road, Kensington—I was called to the deceased on Sunday, about 1 o'clock, and found him in a comatose state, quite insensible—he remained so till his death, but I did not stop with him—I saw that he could not possibly live long—next day, the 7th, I made a post-mortem examination—I found scarcely any external injury, except a cut on the lip, a little graze on the top of the nose, and a bruise on the right side of the head, the rest of the body was free from injury—on opening the skull, I found a large quantity of blood pressing on the brain, which had been extravasated there, in consequence of an extensive fracture of the skull, caused by the injury on the right side—the other organs were healthy, with the exception of congestion of the lungs—the fracture of the skull was the cause of death; that might have been caused by a heavy fall on a kerb stone—if a man were to fall down without other force being used, it would not be at all likely to cause a fracture of the skull.
COURT. Q. Do you mean that if a man falls backwards, with his head on a kerb stone, his own weight would not cause a fracture? A. Not such in extensive fracture as that extending to the base of the skull.
Cross-examined. The deceased was about the same build as the prisoner.
Witnesses for the Defence.
JANE LAWRENCE . I do not know the prisoner—I never saw him but once—I live nearly opposite where the deceased met his death—between 12 and 1 o'clock on the morning in question, I saw a woman named Kelly there—the deceased was very drunk; he went up to Mrs. Kelly, as if he was about to strike her, but fell back, and struck his head on the steps of the house—there are four or five high steps up—nothing was done to him while he wason the ground—I was across the road, from one side of the street to the other, sitting on my steps—Elizabeth Watson was talking to me—she kept in front of me, with her back to the prisoner and the deceased—I saw a man in the road, who is supposed to be the prisoner, but I don't know.
Cross-examined. I saw a young man pass, and they said it was the prisoner; his name was mentioned—the back of the deceased's head struck the steps as he fell—I did not see a young man knock him down—I was sitting on my steps, and I never got up—the young man did not come close to my steps; I only saw him in the road—the deceased was lying in the street five or ten minutes; a quantity of people gathered round him, and they took him in doors—I did not hear the young man say that he owed the deceased a grudge.
Re-examined. The deceased was staggering as he went up to the woman, and he fell on the next steps before he fell on his own—that was half an hour before.
MR. BRINDLEY. Q. How did he fall, then? A. He might have fallen sideways then—I do not think I have said one word of that before.
CAROLINE SAUNEKRS . I live at 2, Crescent Street—the first time I saw the deceased he was tipsy, and fell on the next door steps—he lay there till a woman came and ordered him off—she lives at the top of the next house—it was not Mrs. Kelly—he then went and sat on his own steps, and abused the woman a great deal, and she went away—Mrs. Kelly and a man then came up; he abused her, and they quarrelled about 4d.—he rose up, and said that he would fight any man or woman they liked to bring—she said "No, I am man, or woman, enough to fight you"—I heard him fall back, but I did not see the blow—I was sitting on my top step, shelling peas—I never saw anybody touch him after—he fell with his bead towards the kerb—it was about half an hour before he finally fell on his own step that he fell on the other step.
Cross-examined. I saw Jane Lawrence there—she is my sister—we live in the same house—Elizabeth Watson was on our steps, too—I saw a man pass, in his shirt sleeves—he went down the street—I cannot say whether it was the prisoner—there are so many rows in the house opposite, that we are almost frightened to look across—it is a very bad house.
ANN KELLY . I live at 35, Crescent Street—at 12.30, on this night, I saw the deceased sitting on the next door step, having some words with a blind man's wife—he was very drunk—I went up to them, and said "Oh, don't have any words, go and get a drop of beer, and I gave him 4d.—he used very bad language, and got up to fight me—I did not get my 4d. back—he fell back as he was sparring up to me—I was there from first to last, and it is not true that anybody struck him when he was on the ground—whether he fell before that, I do not know—I had known him a short time; we lived in the same house—a woman-named Rose lived with him—I had not known the prisoner before, but I knew his friends.
Cross-examined. He fell backwards on the steps—he got up off the steps to fight me—he was sparring at me, and fell on the kerb stone—he did not fall on the steps at all, that I saw—I told him I was as good a woman as he was to fight him—he fell backwards, but I do not know whether he hit the back of his head, or not—another man was standing there—there was no other man in his shirt sleeves—I did not see the prisoner or any man strike him—I only saw him fall once—I never had an angry word with him.
Re-examined. I did not see Elizabeth Gallon, or Elizabeth Watson, there—I did not see anyone there at the time he fell, except myself.
COURT to RICHARD JAMES. Q. You hear that he addressed the woman as Rosy after he was taken to bed, would a person be able to do that? A. He was suffering from the stunning, from which he would partially recover, and the compression would come on afterwards from the bleeding—he would begin to be insensible at once, but he would recover again, and then he would lose his senses again from pressure on the brain.
JURY. Q. Would his nose bleed from a blow on the back of the head? A. Yes, bleeding from the nose is one of the principal symptoms of fracture of the skull.
GUILTY.—Recommended to mercy by the Jury, on account of his previous good character. — Six Months' Imprisonment.
knew the deceased, Alfred Hamilton; he was a waterside labourer—I was with him on 3rd July, at a concert room, in Thames Street—the prisoner was there—I did not hear words between them, but they went down stairs, and I afterwards saw them fighting in the street—they fought till they were disturbed by the police, and then they went to Queen Victoria Street—the blows were not so very hard—they next went into the New Street, out of Farringdon Street, and fought there, and then to Old Newgate Market, and fought there, and the deceased took an oath that he would not give in till he dropped—they went to Holiday Yard, and fought there—the deceased said that he had had enough, and shook hands—he seemed the worse for the fight, a little bit giddy—they both fell in the course of the fight—I saw him taken to Sharp's Court, where he lodged—the landlady said that he was drunk, and she would not take him in, and they took him to the hospital—he walked a little way, leaning on our shoulders, and then we carried him on a board—nothing happened while I was carrying him.
HENRY BIDDLE . I am a looking-glass silverer—I was at the concert-room—I saw the prisoner and Hamilton fight in several streets—they fell several times—it was a fair stand up fight—after they refused to take Hamilton in at his lodgings he was put on a board, and carried, and the board broke, and he fell on his head—he seemed to recognize nobody after that—I picked him up, and put his head on my shoulder—they said that his head was bleeding, but there was no blood on my coat—I saw no blood except where his mouth was cut.
COURT. Q. Did you see any blood after the fall? A. No—he recognized all of us before that—he did not talk to us, but I know it by the look of his eyes.
JAMES JEWELL . I am a porter, of 4, Holiday Yard—I saw some part of the fight, and saw the two men fall a dozen times—the deceased did not fall on his head only when he fell off the board—that was no part of the fight.
ADAM YOUNG . I am house-surgeon, at St. Bartholomew's Hospital—on 4th July, early in the morning, the deceased was brought there in a state of insensibility, with a very small scalp wound, and a small bruise on the left side of his neck—he remained insensible for a week, till he died—we made a post-mortem, and found the scalp bruised on the left side, and an effusion of blood over the left hemisphere of the brain, caused by the rupture of a small blood vessel, which was caused, probably, by the fall—there was no fracture of the skull—the scalp wound gave no indication of what caused the effusion of blood.
COURT. Q. I suppose by the effusion of blood you mean the bursting of some small vessel? A. Yes—I connect that with a mark over the left parietal bone—that was such a bruise as would be likely to be caused by a fall.
NOT GUILTY .
THIRD COURT.—Thursday, 17th August, 1871.
Before Mr. Common Serjeant.
MR. BRINDLEY conducted the Prosecution; and MR. T. COLE the Defence.
HENRY PIERPOINT . I am a shoemaker, at 61, Holy well Lane—on Wednesday night, 2nd August, I went to bed about 12 o'clock—the house was then properly fastened up—on Thursday morning, at 7.45, when I came down I found the front door open—part of the box of the lock was off—it had been forced—I missed a desk, a coat, a clock, some papers, a piece of leather, some saws, and two pairs of pincers, value altogether about 9l.—I saw the prisoner after I had been to the Police Court at 10 o'clock, he was in a beer-shop next door—I had never seen him before—he had a piece of pig's skin (produced.)
Cross-examined. I had some leather of the same description as that—that is all I can say about it—I have not seen any other portion of the property—no damage was done to the lock, only the box was broken.
JOHN SKEATE . I am watchman to Messrs. Lynes, of Shoreditch, and live at 26, Bush Lane, City—I saw the prisoner on Thursday morning, 3rd of August, in the doorway of 61, Holy well Lane, about 3 o'clock—it was just getting daylight—he opened the door with a key and went in, and fastened the door after him—I then went away—I had seen him a great many times before, and knew him—I had seen him about 11 o'clock the evening before—I am sure he is the man.
Cross-examined. I was about fifty yards off—I was on duty all night—it is a narrow street—I was about eight or ten yards off the prisoner.
ROBERT BOULBY . (Policeman G) I took the prisoner on Saturday, about 1 o'clock—I said I should take him for a burglary in Holy well Lane, a few nights ago—he said "I know nothing about it, I am innocent"—after he was at the station I found this piece of leather in his pocket—he said he had picked it up in the street—I forget the name of the street—afterwards he said it belonged to a man whom he named—it is a piece of pig's skin.
Witness for the Defence.
HARRIET NUNN . I live in Pitfield Street, Hoxton Market—the prisoner has lodged with me eight months—that is about a quarter of a mile from Holywell Lane—I recollect his being taken in custody on 5th August—he was examined at the Police Court the same day—I was not able to go—I recollect the night of 2nd August—he was at home between 12.5 and 12.10—I spoke to him and he went up stairs to bed—I left him to go to bed, and I saw him in bed at 5.30 in the morning—he is a rivetter—he usually comes home about the same time, generally with my sons—they were not at home then.
Cross-examined. I never saw him have a piece of pig's skin, or anything in my place, more than he had a right to—I do not always sit up until 12 o'clock—it is according to my trade—I get up about 5.30—Boulby came to me and I told him the same as I have to-day—I do not think the prisoner could leave the house after I saw him, because I sleep down stairs and can hear anyone go out or come in—I do not know what time my sons came home—I did not hear them come in—I have other lodgers in the house—there was a young man coming, but he cannot on account of his work—he slept with the prisoner—he was at home that night.
the property—the last witness said the prisoner generally came home about 12 o'clock at night—she also said he might go out twenty times without her knowing it—the door is always open.
NOT GUILTY .
MR. BOTTOMLET conducted the Prosecution; and MR. KELLY the Defence.
EDWARD COOK JEFFORD . I keep the Sweedish Flag public-house, Princes Street, St. George's in the East—about 9 o'clock on the morning of 24th July, the prisoner drove up in a cab to my door—I had boarded him before—he said "Have you heard the ship has arrived"—I said "No, she has not been reported"—he said "I have brought my clothes up, here they are, pay the cabman"—I paid the cabman 2s. 6d.—I had his clothes sent up into a store room kept expressly for men's things—he asked who my tailor was—I said it was immaterial to me, but that Mr. Craig was as good as anybody—about twenty minutes after, Mr. Craig came in, and they recognized each other—he went with Craig; afterwards he came back with a bundle of clothes amounting to 7l. 15s.—Craig showed me the bill—the prisoner had 5s. of me five different times, and 2s. 6d.; I paid for the cab, made 27s. 6d.—on the Wednesday he went down to get paid off, but he did not come back to my house—I lent him the money on the understanding that I had the entire stock of his sea clothing, and when I examined the bag it contained nothing but rubbish—this bag (produced) is in the same state as when it was left with me.
Cross-examined. I think this would have made the fourth time he had boarded with me—he always paid his way—I would have taken him in without his clothes, if he had come to me and said he was destitute—I had every confidence in him—I am in the habit of lodging sailors—it is about eight or nine months since he lodged with me before—I never had a dispute with him, he always settled amicably—when he put down the bag, he said "This is my clothes"—I did not sign any note to Mr. Craig to make myself responsible—the prisoner has been to the store room to his bag—only my potman and my nieces had access to that room—it is not kept locked—it is next to my bedroom—I expected I had got his sea clothes, and I lent him the money in the faith of that.
NICHOLAS PERRY (Policeman H 217). I took the prisoner—he was charged with obtaining money under false pretences; the charge was read over to him—he said "I have nothing to say in answer to the charge."
The Prisoner's statement before the Magistrate: "Half of my things is not there. You can fill a couple of bags with such rubbish from Mr. Jefford's room. He does not produce the good and substantial things that were in the bag. I only had 3s. besides the cab fare."
GUILTY.—Recommended to mercy by the Jury, on account of his previous good character .— Four Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
JAMES LAZARUS . On 27th June I was in the employment of Mr. Ring, solicitor, of Worship Street—I went to the office about 9.30, and on the table I found this post card (produced)—I know the prisoner's writing, and this is written by him—I have received several letters from him (Read:—
"26/6/'71. 5, New Ormond Street, W.C.—If you and Ring do not pay the balance, we will seize again any furniture on the premises, at any time, not minding which of the two claims the goods. You will be a loser by it, and if there is not enough to pay the balance, we know what to do. We see, like the judge, what kind of people we have got to deal with. We give you only one day to consider.") Then it is endorsed—"Ring is accustomed to that sort of game in Gresham Buildings. He assists Benham in the same way. His name is on the door, jointly with Benham, to plunder all the tradesmen in the neighbourhood." That is addressed to "Mr. Lazarus, Worship Street, E.C."—I received that in the same state as it now is—I had had some wine through the prisoner's agent, about eighteen months ago, and there was a dispute about it—when I received the card I had been in Mr. Ring's service about two months—to my knowledge Mr. Ring has never seen the prisoner.
Prisoner. Q. Do you know a man named Walback? A. Tea, your agent—I do not know that I have introduced many customers who do not pay—I do not know that Mr. Walback has occasioned you a loss of 300l.—I totally deny having had a commission on all orders given to you through Walback—I never had any commission in my life.
GUILTY — One Week's Imprisonment, and to enter into recognizances in 100l. to keep the Peace for Twelve Months.
FOURTH COURT.—Thursday, August 17th, 1871.
Before Mr. Recorder.
MESSRS. POLAND and MEAD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOHN EDWARD DAVIES , I am a draper, carrying on business at Merthyr Tydvil, in the name of Jones and Davies—we dealt with Messrs. Tapling and Co., of Gresham Street, and were indebted to them in August, to the amount of 12l. 0s. 9d.—I drew a cheque for that amount, dated the 4th—I put it in an envelope addressed to Messrs. Tapling and Co., Gresham Street, London—I gave it to my wife to post.
MARGARET DAVIES . I am the wife of the last witness—on Friday, 4th August, between 9 and 10 at night, I posted a letter addressed to Messrs. Tapling and Co., Gresham Street, London—that would be after the ordinary post time—I received the letter from my husband—it was written by him.
WILLIAM PHEASANT . I am cashier to Messrs. Tapling and Co., carpet warehousemen, of Gresham Street—on the 4th August, Jones and Davies were indebted to us in the sum of 12l. 0s. 9d.—our place of business was closed on the afternoon of Saturday the 5th at 1 o'clock, and we reopened on Tuesday morning—I opened the letter-box that morning—it was quite full of letters—I did not find any letter from Jones and Davies—the signature on the back of this cheque is not the signature of our firm—the cheque was never in our possession; if so, it would have passed through my hands—there was no one on the premises from Saturday till Monday.
WILLIAM THOMAS PEAKALL . I am employed at 150, Leadenhall Street, in the telegraphic department of the Post Office—on Tuesday, 8th August, I was in King William Street about 1.45, near Deane's, the ironmonger's—
the prisoner came up to me and asked me if I would go an errand for him—I said "Yes"—he said "Can I trust you with some money"—I said "Yes"—he gave me the cheque for 12l. 0s. 9d. (produced), and told me to take it to Glyn, Mills and Co., in Lombard Street, and get it in gold, and told me to run as fast as I could there and back—he also said would it be taking any of my time, and I said "No"—I went to Glyn's, and presented the cheques at the counter—I was asked some questions, and a bag was given to me—I ran back—I was not aware anyone was following me—I Was going back towards Deane's—the prisoner came up and said "Here I am" and held out his hand—I put the bag in his hand and then Sergeant Brett came up—I am quite sure the prisoner is the man—I took particular notice, so as I should know him when I went back.
Cross-examined. I ran all the way back—the prisoner stepped off the kerb and I put the bag in his hand.
JAMES BRETT (City Detective Sergeant). On 8th August, in consequence of information, I went to the bank of Messrs. Glyn, Mills and Co.—I saw the boy Peakall there—I saw him receive a small canvas bag over the counter—immediately he received it he ran out of the bank, and ran as fast as he could to King William Street—as he crossed from the pavement into the road, I saw him stop suddenly and turn round, and at the same time the prisoner took, the bag out of his hand—they appeared to speak to each other—the prisoner turned away from the boy and was about leaving him—I took hold of him, and took the bag out of his hand—I then said to the boy "Peakall, is that the person who gave you the cheque"—he said "Yes, it is, Sir"—I said to the prisoner "You must consider yourself in custody on a charge of forging and uttering a cheque that you have sent this boy with to Glyn's—he said "Oh, nonsense, nothing of the sort"—I said "Then how came you with this money I"—he said "The boy gave it me, where are you going to?"—by that time we had crossed King William Street, and were on the opposite side—I said "To Bow Lane Station, my name is Brett of the Detective Police"—he said "I belong to the police"—I said "To what division"—he said "The first"—I said "Where are you on duty?"—and he said "Wood Street"—I took him to the station and found a book and a key on him—this is the book (produced)—the charge was entered at the station and read over to him, he said "It is all a mistake.
Cross-examined. I believe he had stepped from the kerb to meet the boy, into the road—I have said before, that he turned away and was about leaving him—I said so at the Mansion House, and I say so now—I found a shilling's worth of coppers in the bag—I found out that it was true that the prisoner was a police constable, when I got to the Police Station, not before.
WILLIAM HAYWARD (City Policeman 158). I was acting sergeant at Moor Lane Police Station on 5th August—the prisoner was a night con-stable in that force—his beat was Wood Street and the North West end of Gresham Street—that would include Messrs. Tapling & Co.'s premises—the prisoner was on night duty there from 10 o'clock on Saturday night till 6 o'clock the next morning.
GEORGE FURZER (City Policeman 140). I am acting sergeant at Moor Lane Station—the prisoner was on night duty at the beat which includes Messrs. Tapling's premises, from 10 o'clock on Sunday night till 6 the next morning, and also on Monday night, from 10 to 6.
——WALDRON (City Police Sergeant 30). I am one of the station sergeants at Moor Lane Station—that is the station for the beat in which Messrs. Tapling's premises are—the prisoner was a constable in the City Police force—it is the duty of every constable to carry a memorandum book—I have seen the book produced—it is the prisoner's book—it gives an account of the boundary of the division, and also a list of the police-stations in the City, and when the prisoner joined the force, which was on 5th August, 1870—I have seen the prisoner write, and to the best of my belief, the writing is the prisoner's.
The Prisoner's statement before the Magistrate. "I had been out for a walk this morning. I was apprehended, and the chief thing that took me out was to see my brother-in-law, who works in Gracechurch Street. I waited some time in Gracechurch Street for him, where I saw two policemen, and made myself known to them; one was Breeze, of the sixth division, and the other was named Dicks, who had been discharged from the first division, a few days before. Not seeing my brother-in-law, I took a walk over London Bridge, and in crossing the road from Deane's, I saw the telegraph boy running, and Sergeant Brett, whom I knew perfectly well, close behind him. Thinking he was running after the boy, I stopped him; the boy immediately said "Here it is, they would not give it to me at first," and he placed a bag in my hand. Sergeant Brett immediately arrested me, and said he should charge me with sending the boy with a forged cheque. I said "What nonsense, I am a police officer myself." He told me his name, and what he was, and said I had better come to Bow Lane with him, where I was charged."
GUILTY .— Five Years' Penal Servitude.
MR. HUMPHRIES conducted the Prosecution; and MR. MEAD the Defence,
GEORGE MCRAE . I am a refreshment house keeper at the Clarendon, Bow Road—a few days before 5th June, the prisoner called on me, and said he was a wine merchant—he brought a sample of wine with him, and said he had that wine in the docks for sale—he offered to sell it to me for 16l. the quarter cask—I went to the docks before that, to taste some wine, with an order from him, but it was a different sort of wine, and when he came to me he said "I have a better wine than you tasted, and it will be a little more money"—I said I would submit it to my friend, and would let him know in the course of the day"—I afterwards met the prisoner opposite the Fenchurch Street Station—I said I wanted the wine delivered at Hampstead to-morrow—"Well," he said, "as I am rather short of money to-day, and shall have to go for the money to clear the charges in the dock and duty, it will forward it, if you want the wine to-morrow, if you pay me 5l. or 6l. to-day; you shall, positively, have the wine in to-morrow night"—I gave him 5l.—the label on the sample bottle was "A & B Vaults, St. Katherine's Docks, No. 2 Sherry, No. 5 Quay," and a' double triangle—he told me the sample came from the A & B Vaults, in St. Katherine's Docks—I advanced him the 5l. on that representation—the next day I met the prisoner in Bow Road—he said "I have been down to see you, I am going to Brighton to-night; I never allow my carmen to receive money, if you will give me another 5l., I will send the wine in to-night"—I said "Very well," and gave him the money, and, foolishly, I did not take a reciept from him
then, but I got one from him afterwards; after I frightened him a bit—I went to Belsize Park, where the wine was to be sent to, but no wine came—I had given him 1l. before this, when he brought a sample of the inferior wine, on the Monday—that was to have been 11l. 17s., but he said he had a better class of wine—I met the prisoner on the Monday following—I said "How is it the wine did not come up?—he said "The fact is we sent it to 17, Belsize Road; the carman could not find the address, and went to Belsize Road instead of Belsize Park; it shall be up to-morrow night"—I have been to the docks—I did not find the wine in the A & B Vaults.
Cross-examined. To my best belief it was not there—this (produced) is the warrant for the wine, but there is a difference between the label on the sample bottle and the warrant—the "V V P" is omitted on the label, and the officers could not find the wine—I know now that the prisoner traded as A. C. Ward & Co.—the wine was to be delivered the evening after I paid him the first 5l.—when I advanced him the 1l. I was to have the wine that week—that was before I advanced him the 5l.—he said he had to pay the charges in the docks, and I gave him 5l.—he did not tell me the warrant was in pledge.
By the COURT. I believed the statement that he had a quarter-cask at the docks—I should not have advanced the money without.
JOHN HUTCHINGS WRIGHT . I am vault keeper at St. Katherine's Docks, and reside at 30, Merrick Square—I have seen this sample, and I hare examined the books relating to A & B vaults, and I find no wine with those marks in the name of Thomas Ward—I have some wine there in his name, but that is marked "V V P" underneath the double triangle, the same as the dock warrant—this is a bottle used in the trade—the Dock Company don't supply bottles, the merchants supply themselves—there to a wine in the docks with "V V P" underneath—it is a quarter-cask in the name of A. C. Ward & Co.—it came from Cadiz.
Cross-examined. I did not know the prisoner was A. C. Ward & Co.—this sample of the wine in the docks is correct, with the exception of "V V P"—this warrant represents the wine we have belonging to A. C. Ward—we should deliver to that—in the trade "V P" means very pale, and "V V P "very, very pale.
Witness for the Defence.
HENRY WARD . The prisoner is my father—he is a wine merchant, and trades in the name of A. C. Ward & Co.—he had wine in the docks answering the description of that label with one exception—the "V V P "under the double triangle was omitted—this is the warrant for the wine from which the sample was drawn off—I omitted the "V V P "by mistake—my father was taken ill after he had sold the wine to the prosecutor—he had small-pox—if he had been well he would have been in a position to deliver the wine—there was an advance on the warrant—with the money he received from the prosecutor it would have been possible to redeem the warrant—it was on account of his illness that he did not attend to his business—I was ill myself—I got this warrant from Mr. Harley—I have redeemed it, and am ready to hand it over to the prosecutor.
Cross-examined. I had the small-pox, too—I can't tell how it was the "V V P "was omitted from the label, it was an oversight of mine—my father's offices were in Catherine Court, Seething Lane—that was a month or six weeks ago—we were in the habit of going there every day till he was taken—we have no offices now.
NOT GUILTY .
608. CHARLES HALE (17) , Stealing 560 bottles of wine, the property of Charles Thornton Grainger, his masters; and WILLIAM BOULTON (40) , Feloniously receiving the same; to which HALE PLEADED OUILTY — Eighteen Monty Imprisonment.
MR. T. GOODMAN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY WATSON PROCTOR . I am manager to Mr. Grainger, at 108, Fen-church Street, and he has wine cellars at 25, St. Mary Axe—I have examined about forty dozen of wine, which was found in a stable, in Tillotson Street—I identify them as the property of Mr. Grainger—it is of different sorts—it was bottled at different times—it did not leave the cellars by the authority of Mr. Grainger, or myself—Hale has been in the employment of Mr. Grainger as under cellarman and porter—he would have opportunities for taking the wine away—I examined some claret shown to me by a Mr. Humphries about a week or ten days ago—it was part of the stock stolen from Mr. Grainger's premises—I did not give any authority for that wine to leave the premises—I have the entire management of the cellars—I never sold any wine to Mr. Humphries, of the Queen's Head, Whitechapel Road—I have never had dealings with Boulton.
WILLIAM LILLYSTONE (Detective Officer K). I went to No. 5, Tillotson Street, on 21st July, with Smith—I was let in by Boulton—I told him that we were officers of police, and had come there respecting some wine which had come in that morning—he said he did not know anything about it—a woman came in, and said "Have they come about the wine that came in this morning?"—Boulton directly took us to a stable on the left-hand side of the yard, opposite the back door of his house—he said "This is where the wine is; I let this stable to a man about six weeks ago"—he did not know his name then, nor where the man lived—he said the premises belonged to him; he rented them, but he had let the stable to someone else—we broke the hasp from the padlock, and went into the stable—we found about 560 bottles of wine packed round the stable, as though they were in a wine cellar—they were afterwards identified by Mr. Grainger as being his property—I told Boulton I should take him for receiving the wine—he said he was innocent—I believe he is an earthenware dealer—I saw a horse in one of the sheds, and a van in the yard—he told me afterwards that the man he had let the stables to was named Hill, and he lived in the Commercial Road—I have made inquiries, and there was a man named Hill living at Nelson Street Commercial Road—I have not been able to find him—Boulton said he received 2s. 6d. a week for the rent of the stable, and he had let it about six weeks.
Cross-examined. I know the man named Hill—I have tried to find him, but have not been able to do so.
JAMES HUMPHRIES . I am a licensed victualler, and keep the Queen's Head, at 154, Whitechapel Road—I purchased some wine in May last, through a traveller, but paid to a Mr. Hill, by a printed invoice—I bought six dozen at 9s. 6d. a dozen—I paid for it—there was no difficulty about the settlement—I made inquiries about the wine—two men left the wine but I don't know them—I have seen Boulton at the bar of my house, but I don't identify him in this transaction—I have merely seen him as an ordinary customer.
NOT GUILTY .
MESSRS. BESLEY and T. GOODMAN conducted the Prosecution; and MR. BBINDLEY the Defence.
NOT GUILTY .
GOLDSMID PLEADED GUILTY .
MR. HARMSWORTH conducted the Prosecution; and MR. HOLLINGS the Defence.
HYMAN GOLDSMID (the prisoner.) I was formerly in the prosecutor's employment—I have pleaded guilty to stealing the goods, the subject of this indictment—I used to leave them at the Horn of Plenty beer-house, at the corner of Dorset Street, Spitalnelds—Mr. Pollock used to come in and look it them and take them away with him—the goods I am charged with stealing were taken to Mr. Pollock's house—I gave them to a man I saw at the Horn of Plenty, and he took them to Pollock's—Pollock gave him 4d. to take them round there—I received 2l. 10s. for those goods—that was for the lot that I have stolen at different times—I received about 1l. 1s. for what I am actually charged with stealing—there were two dozen of under-shirts, ten dozen handkerchiefs, and about eighteen dozen stockings—the value would have been 7l. or 8l.—Pollock knew that I was working for my brother-in-law, and he came to me and wanted me to rob him—he said "I know you take stockings to the Bull Inn Booking Office, and if you untie the bag they won't know but what it might be the Railway Company "and I did it after a great deal of persuasion—I am 21 or 22 years old—I won't be certain which.
Cross-examined. I took the stockings, the subject of this indictment, three or four months ago, I think—I forget the day—I have been in here five weeks, and it was about five weeks before that—I used to take the goods to the beer-house for Mr. Pollock to come and get them, and an old man carried them to his house—I saw the goods given to the man, and we both walked after him—I have taken goods to Pollock myself, but they were in smaller quantities, such as two or three dozen—he knew I had stolen them, I told him so—he knew I had—I have taken goods there, six or eight times myself—I told him on all occasions that I had stolen them—I had never stolen goods from anyone else—the whole of the goods I took to Pollock were stolen from my brother-in-law.
Re-examined. This bag is like the one the parcel was wrapped in—I can tell it from the piece of string that was on it when I got it away from the Booking Office at the Bull Inn.
MICHAEL WALKER . I reside at 28, Dorset Street, Spitalfields—I work at the Horn of Plenty, cleaning windows and other things—I have frequently seen the two prisoners there—about 20th June, I carried a small parcel packed in canvas, like this, to Pollock's house—Goldsmid came to the beer shop, and asked me if I would carry it round to Pollock's house, and I did so, and left it there with them—they were both at the house—Goldsmid went to the house with me, and we saw Pollock there—I had seen them at the beer-shop frequently—Goldsmid brought small parcels there, and left
them behind the bar, while I went to fetch Pollock, and brought him there—I have seen money pass between them; from Pollock to Goldsmid.
Cross-examined. This was the only bale I took to Pollock's house—I used to fetch him to the Horn of Plenty—the parcels used generally to be left behind the bar while I fetched Pollock there—I have carried small parcels there on one or two occasions, but this was the only bale I saw—I don't remember the date I carried the bale; it was some time in June, about the middle—I can't fix it nearer than that.
ESTHER LEVI . I am the wife of Isaac Levi, a hosier—about 20th June, I sent certain goods to my husband, at Bury St. Edmund's—I packed two bags—to the best of my belief this is one of the bags—I packed a certain quantity of goods, but I can't say for ten dozen what was in the bag that was stolen.
Cross-examined. I was examined at Guildhall, and I said there, to the best of my belief, it was the bag—I fully believe it to be—we only keep two sizes—Goldsmid is my brother.
ANTHONY WILSON MONGER (City Detective). I apprehended Goldsmid—I met Pollock in the street when I was with Goldsmid—I told him I was a detective officer, and asked him if he had bought any stockings or under-shirts of Goldsmid—he said that he had not—I then took Pollock to his house, which was close by, and searching the place, I found this piece of canvas—I said "This looks like a bag out open"—he said "Oh, we use that for shirts for the boys, and we have had it a long time"—I took him to the station, and told him he was charged with receiving, at different times, goods to the amount of about 60l.—he said nothing.
Cross-examined. It was from inquiries I made that I took him to the station, not because I found the bag.
ISAAC ABRAHAM LEVI . I am a travelling hosier, of 1, Sandy's Row—about 20th June, in consequence of an order, I expected to receive at Bury St. Edmund's, two parcels of goods from London, from my wife—I only received one parcel—I allowed it to rest for a day or two, but finding it did not turn up, I wrote to the Great Eastern Railway Company, to make inquiries.
ABRAHAM ROSE . I live at 24, White's Row, Spitalfields, and am a general dealer—on 19th June, Pollock came to my shop, and asked me if I wanted to buy anything—he said he had a job lot—I bought eleven Guernseys and four dozen stockings, which I produce.
Cross-examined. He came to my door with a barrow.
Gross-examined. I can't say that they went in the bundle I sent on 20th June—I can't swear exactly what was in the bag I sent off.
GEORGE BEAHMAN . I am a clerk at the booking office, Bull Inn, Aldgate—on 20th June two parcels were brought there—Goldsmid came there afterwards, and took away one of the parcels—I delivered it to him—it was in a wrapper similar to this—I took his signature in a book, which is kept for the purpose.
GUILTY .—POLLOCK received a good character— Twelve Months' Imprisonment.
—GOLDSMID, Nine Months Imprisonment.
OLD COURT.—Friday, August 18th, 1871.
Before Mr. Common Serjeant.
MESSRS. BESLEY and WOOD conducted the Prosecution; MR. HORACE BROWN appeared for Green, and MR. BOTTOMLEY for Newth.
JAMES DAVIS (Police Inspector). On 17th June, I and another officer were at 4, Highfield Road, West Brompton, it is a nine or ten roomed house—four women and two or three children were there—I could not open a particular room, and could not get the key—a piece of paper was pushed into the key-hole from the inside, and I could not see in—in consequence of that, I got into a position where I could see into the room, and saw the prisoner Green standing by the window with his hand on a table—the blind was down—he had a very large number of letters and invoices before him—we went down the water spout from the landing into the back yard, pushed the window up and got in—I said "Halloa, here you are then," and Green said "Yes, here I am, what are you going to do with me?"—I said "Wait a bit, do not be in a hurry, where is the key of the door?—he pointed to two keys lying on the table, and said "There they are, if you have got any eyes you could see, I should think"—I took one of the keys, pulled a piece of paper out of the key-hole, opened the door, and let in three private persons from Kingston, who I had brought there to identify another person—I was not in uniform—I said "I shall take you in custody for obtaining things at Kingston, by false pretences, and also for stealing them—I took him to Kingston and charged him before a Magistrate there—I took possession of two packages of envelopes and these letters, invoices and bill-heads, newly printed—I only took away a few of them—there were 500 there, and the plate for printing them—I took the letters away with me after the first examination, but unfortunately left the bag in a carnage on the Great Western Railway—it contained the letters and die which would produce the impression, and a brass engraved plate of the bill-heads—I have made every effort to recover the bag—it contained papers with the address "Dorset 'House, Salisbury Square"—I do not think every article in the bag had been shown at the Police Court, but the die had, and so had letters from Mr. Leech, Mr. Daw, Mr. Shaw, Mr. Bradfield, and others, and seen by the different witnesses before they were lost and identified in Green's presence—I tried the die with common ink before I lost it—it produced an impression which I could read—I merely made it for curiosity and threw it away—the boy Hall saw the die before I lost it—these papers (produced) were found at Highfield Road, two reams of bill-heads, about 600 letters and invoices, and about 500 replies relating to fresh butter, 62 or 63 of which are dated 16th June, the day before Green was apprehended—they were from about two-thirds of the counties of England, Ireland, and Scotland, and one or two from Jersey—some of them relate to varieties of produce, other than butter—there may be some as early as March—there are only three letters here which were found at Latimer Road, this banker's pass-book I had seen at Highfield Road, and it was afterwards taken possession of in Latimer Road—this letter (produced) came by post while I was at Latimer Road, and some of the others were afterwards sent to me by post—these marked "L" and "M"
were found at Latimer Road—on searching Green at Kingston, I found this stamp to stamp the envelopes, in his waistcoat pocket—he refused to give any name on the Saturday—I took him before Sir Robert Garden on the Monday, at Guildhall, where he gave his name Edward Green, he was remanded three or four times to the 6th or 7th July—on 7th July, about 8.20 in the morning, I went to Latimer Road, Netting Hill, and found Newth in bed, on a mattress on the floor—there is no number to the house—it is a milk-shop, called Latimer House Dairy—I recognized some furniture there which I had seen at 4, Highfield Road, but it was bundled up in the rooms as if it had been recently moved in—I saw an elderly woman and two children there, who I had seen at Highfield Road, and Newth's wife was in bed with him—I found about a dozen empty hampers, three of which (produced) have been identified—this banker's pass-book was in a drawer or desk, in the bedroom where Newth was sleeping—I walked into the room, and said "Come Newth, get up, you are well aware that I must take you"—he said "Oh, for God Almighty's sake, don't, Mr. Davis, if you do I am a ruined man"—I said "That is nonsense, get up"—he got out of bed and said "I will pray to you"—he went down en his knees on the bare boards, put up his hands and again implored me not to take him—he ultimately dressed himself, and I took him down stairs—while pretending to look for his hat in the kitchen, he bolted away, and slammed the door to—I chased him through the passage—he got out over the wall into the street, where I had a constable outside, and after a very short run, he overtook him, and brought him back to me—I got a cab and took him to Fleet Street Police Station—on the way there, he said "Now, let me beg of you not to be hard with me, for the sake of my wife and children"—I said "I have a duty to perform, and I must do it"—he said "Well, you need not bring out many cases against me; you know you can make it easier if you like"—I took him before a Magistrate the same day—a padlock was found at Dorset House, that was among the things I lost—I showed it to Mr. Leech before it was lost—I also found some boxes of butter there—what was there and what came afterwards, weighed about 500lbs., but a great deal was returned, as I sent notices to all the Railway Stations—I found this ledger (produced) at Dorset House, but no other papers; "E. Green" is on the door—there was a little desk there, nothing else—the office is very small—Mr. Boulger lets the house out in three different offices, and I found this envelope at Latimer Road, addressed to Mr. Boulger, Dorset House, Fleet Street; also this envelope, post mark, 5th July, addressed "Mr. Patterson, 9, St. George's Terrace, Moor Park, Fulham, and another addressed "Immediate. Mr. Green. Take this to the man at the rag shop, and give it to him directly"—the shortest of these two papers I found behind the mantelpiece, in the sitting-room at Latimer Road—I took several papers out of several coat pockets, and on examining them at the station, found this letter. (Mr. Bottondey objected to this being read, as it was without a signature, and was not shown to come from Newth's pocket or possession, and the reading was postponed). I did not speak to him about that letter—while I was there with Newth in custody, a letter was brought addressed to Jones, Latimer House Dairy, Not ting Hill; I took it from a constable, who handed it to me from the postman—I said "Is this for you?—he said "No"—I said "We will open it"—I found this in it, which I read in his presence, and I think he could hear me—he said that he knew nothing
about it—Boulger's wife had introduced a man, as Green's clerk, when I went to Dorset House on 20th June—this man went out as soon as he came in, and I never saw him afterwards, till I saw him in the kitchen at Latimer House—I passed him, and went up to arrest Newth, and when I came down he was gone, and had left his hat and coat; I understood that his name was Williams—I went again to Latimer House Dairy, but found no person to correspond with C. Jones—I went every day for two or three days, and left a constable there, till about a week after, when the wife took the goods away—no person named Jones ever came to the place.
Cross-examined by MR. BROWN. I am inspector at Walworth Station—that is not in Kingston district—the first time I saw Green was on 17th June—not a quarter of what I said was taken down before Sir Robert Carden—I read it over myself, and complained about it to the second clerk, Mr. Davey, I think; I said that the evidence was a mere skeleton, not taken as it ought to have been, and he said "I am aware of it"—I have seen two of the women since, they are Newth's wife and daughter, I believe—one of them was taken in custody—the charge at Kingston was, being concerned with others in obtaining goods by fraud—the prosecutors were Mr. Simmonds, Miss Jones, and several others, not the same persons who prosecute to-day—I had no warrant when I went to the house; I only went there to apprehend a woman for felony, and she has been sentenced to eighteen months' imprisonment—I did not know Green was there at all—I had been there half an hour before I got into the room—the window was open about an inch from the bottom, and the blind was down as far as it would come, apparently—I could not see in till I lifted the window and the blind—I should say he could easily have fastened the window if he had tried—I did not say "What are you hiding there for?—I found a black bag in the kitchen; it has no relation to Green, farther than that he was in the house at the time—he was not charged with stealing it, only with having it unlawfully in his possession—most of these letters were found in Green's room; not quite all because I received two or three by post since, which might have got among them—I omitted to say that there were a considerable number torn up, on the floor—I have mixed the documents, but I can easily select them—I found these bill-heads on the table where Green was standing; I took them away, and I have had them ever since—I did not mark them; I simply tied them up in a paper, and brought them here—I did not tell Green I held a warrant; I had not applied for one; I had not seen him—the four women were not in the same room where the black bag was found—I went thereafter a woman, and to find stolen property—my motive forentering that room was to find property—Mrs. Fair is a lady at Kingston, to whom the bag belongs—there is nothing in it—she pointed Green out, and so did Mr. Simmonds—a boy named Collier saw Green at Kingston—I applied for a week's remand—Collier afterwards said he had made a mistake as to the man who stole the bag—I was in Court all the time at Guildhall—I heard Boulger say that Newth was not the man who took his office, that there was another Mr. Green, and that Green was introduced to him as Green's clerk—I had about twenty-five letters in the bag; I separated them to keep the cases separate—I reported the loss to the Magistrate, to his clerk, and to my superiors, and in three minutes after losing it, to the railway authorities and telegraphed for it—the name on the door at Dorset House, "E. Greene," was painted out three or four days afterwards—there was a final "e"—" Dorset House" was on the lamp—it was before the committal that I lost the
letters—I have not seen one of them since—a boy employed there told me that Mr. Hall, a printer, had given Green this die—I neither attempted to caution Green, or to extract anything from him.
Cross-examined by MR. BOTTOMLEY. I arrested Newth on 7th July—the name that was up was scarcely legible, having been up a long time—it is a very dirty old place, a sham milk-shop, I should say—the landlord is Mr. Riley—he is not here—he told me that a person took it in the name of Jones—the pass-book I found in the desk was of the Margaret Street Deposit Bank—I had seen that pass-book before at Highfield Road, in the same desk—there were two at Highfield Road; the other, to the best of my belief, was of the Birkbeck Deposit Bank—I did not take possession of them, and when I went there again they were gone—it was the same desk—there were different articles in it, one of which was a box of capsules—I also noticed a very peculiar oval looking-glass, and chairs, and a table, and two desks, which I had seen at Highfield Road—I am certain there was no furniture at Highfield Road, at the time I apprehended Newth—after I took Green I put a man in charge, only for one day, while I went to Kingston, and when I went home again the furniture was gone—some of the butter from Dorset House has been sold, and some has been sent to the parties who sent it—I left a constable in possession, but Jones did not come—Scott was examined at the Police Court—he is not here—I sent for him yesterday, and he declined to come—I have not subpoenaed him—the Magistrate said that his evidence was not important, and he was not bound over—he declined to come without a fee of 1l. 1s., and I had no guinea to give him—either of the prisoners was Green when the occasion suited—Boulger said at the Police Court "The man who took my house was a bigger man than that"—he did not say that he had grey hair—he did not describe his whiskers—I wrote to the six prosecutors, and told them—I found 10l. in Green's pocket—it is in my pocket now, with the exception of 4s. 8d. he spent at Kingston for refreshment, and 2s. here.
Re-examined. I found this letter, addressed to Boulger, in a coat hanging up in the room where Newth was in bed—I find in it a reference to the loss of my bag in the railway carriage—(MR. BOTTOMLEY objected to the letter being put in, at there was not enough to connect Newth with it, and the house was not in his tenancy. THE COURT considered that the letter ought not to be excluded, but that Mr. Bottomley could address the Jury at to Newth's connection with it. The letter had no date or address, and parts of it were quite illegible, it commenced, "They have granted a warrant for D. to arrest you, or any policeman," & c.; "Beware of Hawkins, a stout man with sandy whiskers," & c.; "I have seen the solicitor, Mr. Copp." "My friend informs me that Mr. D. has lost his bag with all the letters, dies, & c., belonging to you," &c. Another fragment stated, "Condy has deceived the poor fellow by not coming to Guildhall, he wants Douglas Straight to defend him. D. asked for a warrant to arrest you, but Sir R. would not grant one; he said he might do it on his own responsibility. I would not advise you to come nearer than Clifford's Inn, Strand." "I must have money to pay Counsel." "The poor chap looks very ill; he thought I was going to give evidence against him when I was put in the box, but I only said what the solicitor told me to say; I said he was introduced to me as head clerk to Green, which will account for his having your letter." "D. has told me to send back the letters to the senders." "I go on a Jury at 3, on the body of Goodman, and will be at work at Mitre Court, after that.")—Some reference
is made there about altering a coat, and Boulger is a tailor—I have seen some of his writing here, but did not see him write it—he was at Kingston—I do not know whether he paid for a dinner there—Mr. Copp is a solicitor, but I don't know him—I know Mr. Condy; he is a solicitor—he appeared on three or four occasions for Green—he missed appearing on one occasion—Sir Robert Garden said that Davis did not require a warrant, he could take the man on his own responsibility—I directed Boulger to send back the letters to the senders, as that letter states—this (produced) is a letter, addressed to Mr. Hall, from the pocket of a coat at Latimer Road—Mr. Hall, a printer, made these dies, but he did not make Green a present of them—that is not Mr. Hall of St. George's Terrace, "Walham Park Green—(Letter read: "No news from you; I shall certainly expect a fee of a guinea before I go on Friday. George Condy.")—I also found this letter. (This was dated June 14th, from A. Williamson to E. Green, stating in reply to his letter, the prices of butter). That is one of the 500 letters I found at Highfield Road, and the great majority of them relate to butter—these other two letters came to Latimer Road while I was there. (These had been returned through the Dead Letter Office, and were redirected to Mr. Jonet, Latimer House. They were on printed billheads of "C. Jonet" requesting to be supplied with any quantity of butter weekly). I have two or three in the same writing from Highfield Road—this invoice of Mr. Henry Bird was found in the coat pocket at Latimer Road, behind the door of the room in which Newth was sleeping. (This was an account for 2l. 6s. for butter consigned by Mr. E. Green).
SAMUEL HOBBS LUCAS . I am employed by Mr. Benjamin Hall, a printer, of 26, Houghton Street, Strand—I know the younger prisoner—he came to my employer about the end of June, but did not give any name—he ordered from 1000 to 2000 post cards, a plate, and a die—the post cards were printed on the back, at my master's place—these produced are them—they were delivered to the same man, I only saw one—the same gentleman took the die and plate away—I saw the same die at the Police Court and an impression from the plate—this is a copy from it—this bill-head was printed by me—the man paid in cash, and never said who they were for.
ARTHUR TEMPLEMAN . I am a writer, of 4, Agar Street, Strand—on the 12th June, the prisoner Green brought me some post cards to address to the grocers in some of the western counties—he mentioned two or three different counties—I got the addresses from Directories which I have in my office—we did 2000 altogether within a week—he mentioned Somerset, I think, and Lincolnshire, Devonshire, and Wilts—the post cards were all printed the same as this—they were directed in my office, but they are not in my writing—I received two payments from him, and one from a man similar to the other prisoner; I cannot swear to him, but he very much resembles him. (On the back of the cards was written "Sir. Fresh butter. Can you supply a quantity weekly, and if so at what price for cash?")
HENRY AVORY . I am clerk to Corbett and Co., 2, Ratcliff Gardens, West Brompton, the landlords of 2, Highfield Road—I let that house to Newth, in the name of James Eaton—I first saw him on the 11th February, 1871, and he signed the agreement on the 16th—he represented himself as a retired farmer, and gave me two references—these letters (produced) are the replies to the letters we sent—I did not see him in possession—a day or two before Midsummer day a neighbour gave me information, and I went and saw a van 20 or 30 yards from the door, going away—this is the agreement,
it was not signed in my presence, it was brought to me signed—no rent has been paid for the house.
Cross-examined. Newth came to the office, and signed the agreement inside, but not in my presence.
Re-examined. There were two agreements, in duplicate—I gave one to Eaton, and afterwards received it back by post—I put this date on, myself, on the day my employer gave it to me—(On this was written, "I have returned the agreement, you can take possession "Not signed)—I knew at that time that the house had been vacated.
EDWIN LEACH . I am a provision merchant, of 20, Rose Crescent, Cambridge—on 17th May, I received this bill-head, by post, "E. Green, 52, Dorset Street, Salisbury Square. E. Leach. Sir. Fresh butter. Kindly say whether you can supply any of the above weekly, and if so, at what price for cash"—I sent an answer to that, and the officer showed me my letter before Sir Robert Garden—it stated that I could supply him—I did not mention the price, and he wrote for a sample, which I sent, and got this cheque in payment, "Pay E. Leach 1l. 7s., Ed. Green"—after that I parted with 298lbs. of butter, in three hampers, and all my butter cloths, which came to 23l. 13s. 6d. none of them have been returned—I only got this promissory note in payment, dated June 14, '71, one month after date, for 22l. 7s., addressed to Mr. E. Green, but not drawn by anyone—I never put my name as drawer on that instrument, and never got any money for it—one of my hampers was produced at Guildhall—I have not seen my other hampers, or the butter cloths—I saw one of my padlocks at the Police Court, in the officer's possession.
Cross-examined by MR. BROWN. I am the college dairyman at Cambridge—I am not in a very large way—I was not consulted about the prosecution—I am not a prosecutor, but I do not know what I have got to pay after it is over—I got this promissory note by post from Mr. Green—I never saw the prisoners till they were arrested.
Cross-examined by MR. BOTTOMLEY. The butter was all sold at the same price, 1s. 6d., that was the bargain between us—I went to Dorset House three times to apply for my money, and saw a man there, but do not know who he was—I swore to one of my hampers then in the room, but he said "No, it is not yours, that only came up in the morning"—he appeared to understand all about the business—he was not one of the prisoners; he promised to speak to Mr. Green when he came in, and send me a 10l. note to-morrow—I have not described the man to Davis—I had not been to Dorset House when I sent up the second lot—he wrote that the butter was such a superior article, he did not mind if I sent him forty dozen lbs. per week—the post card mentioned payment every Saturday—I had not preferred the charge, or given evidence before the bill became due.
Re-examined. I never put my name to the bill at all—I read these three letters with printed memorandum at the top (Two of these were ordering butter and complaining of a defect in the quality; the third, dated 7th June, stated "Mr. Leach, you will have explanation in writing by to-morrow night's post")—I have had no explanation or remittance—there was no defect in the butter; it was all the same quality.
ELIAS BOULGER . I live at Dorset House, Salisbury Square, and I, Mitre Court, Temple, which is a workshop, for which I pay 12l. a year-Dorset House has six rooms now, and there are six divisions in the cellarage—I let off two rooms and the six divisions of cellarage—I occupy three
rooms and sleep there—I let one room to Mr. Irvin Scott, who had lived there nearly three years—I am a tailor—this invoice to John George is my writing, he owes me money still—this (the illegible letter), is not my writing; I have never seen this paper before—this is brief paper—I say solemnly on my oath, that there are no words or figures written by me, on either of these two pieces of paper; in fact, I cannot read it—this (produced) is a letter addressed to me, but I never saw it before, to my knowledge—having seen what is inside it, I say that I did not receive it, to my knowledge—I have had no communication with Condy, I only know him as a customer—I cannot explain how a letter addressed to me is in Newth's writing, posted at Notting Hill—the date is July 6, 1871—I do not know whether it was delivered by post, as described—I did not open it—I have never seen it before, only at Guildhall—Davis did not direct me to send back to the senders the things sent to my address—he desired me to pay the carriage of the things sent, which was eleven cases of butter—the carriage was paid, and seven cases were sent home; two were distrained on by my broker—I did not pay for anyone's dinner at Kingston, but Mr. Condy asked me to lend him a half-crown, as he only had gold, and I lent it in Green's presence—I remember the dinner being ordered, but I saw no money pass—I might have altered many coats at the time this letter was written, but more likely I was making one—I do not know Mr. Copp—when I came home from Kingston, I distrained on the butter, at 10 o'clock at night—I did communicate with Newth, between the 24th June and 2nd July, by letter or by word of mouth—I do not know in whose writing these letters are—I do not know the writing on this envelope; it looks like mine, but it is not—I never knew where Newth was—I know Hawkins, a detective—he is a customer of mine—he is a stout man, something after your appearance, with a light complexion—there may be someone in my employ who knows all my affairs, who knows what took place before Sir Robert Garden, and who knows Hawkins—I mean to say that I do not know in whose writing these papers are—I let a portion of my premises at the half-quarter before 24th June, to Edward Greene, not the prisoner, and he introduced the prisoner Green to me as his head clerk—Greene gave me a reference, and I received this letter from Mr. Eaton "4, Highfield Road. Sir. In answer to your inquiries respecting Mr. Greene, I found him all I could desire as a tenant"—I had another reference to Mr. Patterson, of Walham Green, Maria Road, I think, of seven or eight years—I do not believe this envelope (addressed to Mr. Patterson) is my writing—I do not remember writing to him—I went to see him, but this is not the address to which I went—I never went to St. George's Road—I saw him at a shop in Walham Green—I believe it was Mr. Moon's, Park Road, but I will not be positive—I only saw Mr. Patterson that once—I was shown a padlock at the Police Court—I had seen that in Green's Office, Dorset House, on a white hamper—my solicitor made this written agreement (produced) with the person who took the place, in the name of Robert. Greene—Mr. Hawkins was told to go and get it—some man brought a paper to my shop in the Temple, but he could not read it, and I could only make out the word agreement—I have not got the agreement I made with Edward Greene, it is at Walbrook; if I had 20l. I could get it—I am at Dorset House from 8 o'clock in the evening till next morning—goods were brought there, I believe, from time to time—I saw hampers of butter and catsup, they were taken away; they came every day,
but I was not at home to see them—I went into the place occupied by Greene about five times, since I let it; there were goods there on some occasions, and I should fancy, different goods, because it is a perishable article—persons called to see Mr. Greene while I was there—Mr. Leach called; I remember him well—he never told me what he wanted—I could go to the rooms I occupy, without going through Greene's rooms, there is a side door—I saw the prisoner Green there—Newth might or might not have been there—the rent was 30l. per annum—I have been paid nothing—what the broker was paid, was paid to my account—it was a quarterly letting—I distrained for 4l. 15s. for the half-quarter—I believe my solicitor has carried that to my account.
Cross-examined by MR. BROWN. Green was introduced to me by another man, who gave the name of Greene, who introduced him as his clerk—I understand that Greene, who is away, is indebted to me for the rent—I have seen him three times in my house—Mr. Davis told me to sell the butter, and I sent the money home.
Cross-examined by MR. BOTTOMLEY. There is a party in Court who I do not wish to know what rent I received—Mr. Scott was one of my tenants—he is not here, I think—I have lived nearly three years in the house, and have a twenty-one years' lease—the man who took the house was tall, and wore a black coat—I have given that description in public—I never saw Mr. Copp in my life—I fancy I have seen Newth at my house, and the police fancied so—I got his references, and went to a friend of mine, a solicitor, who advised me to let him have the place—I let a front office, the furniture of which cost me 14l.—it was fitted up in the best style; it is 14ft. square—I distrained for rent on this man's goods.
Re-examined. I let the place to a third party, not the prisoners—he lived at Bayswater—I did not verify that—he said he was in lodgings, and had his furniture—I have seen him in my place about three times—I have seen the prisoner Green there at 11 o'clock in the day—I was there at that time if I was required to cut a garment, or at any hour.
JOHN WENDAP JONES . I am a grocer—I received these documents, dated 20th and 31st May, from someone in London—the first is a printed bill-head of E. Green, Dorset House, asking the price of butter—I enclosed a sample of butter, and the second document is a cheque for it for 1l. 12s. 0d.—I sent altogether 997lbs., value 67l. 12s. 7d., at 1s. 4d. per lb—these telegrams asked for cash; the agreement was cash on delivery, and they sent me a cheque for the first sample—I had no other payment but a monthly draft, which came back dishonoured—I never went to Dorset House, I only saw Boulger at Guildhall—I sent up some boxes with the butter.
Cross-examined by MR. BROWN. This draft was not due till 16th July—it was not due when I went before the Magistrate—the butter was in good condition when sent off—the first lot was on June 1st, the second on June 9th.
Cross-examined by MR. BOTTOMLEY. I received no payment for the first lot—I had a draft for what I sent on June 9th—the custom of the trade is to give ready cash—I agreed for cash, but I sent a second order before I was paid for the first, because I trusted his word—I sent the hill to my bankers.
a half of straw to Shoreditch, or the station adjoining, addressed to Mr. Green, Dorset House, the price was 4l. 16s.—I never received any money, or the straw back—I received a communication about a further supply, but that was all I had to sell.
Cross-examined by MR. BOTTOMLEY. I came here because Inspector Davis wrote to me—I have got the summons I received—I got no payment at all—I wrote one or two letters saying that we could supply them with 10 or 12 tons of wheat straw, and they sent word that they would return the money by cheque—I did not get a cheque directly, I got nothing—I did not get a letter after the straw was sent—I have never gone to Dorset House.
JAMES DORE . I live in Dorsetshire, and deal in butter, poultry, and eggs—towards the end of May I had some butter which I was desirous of selling—I received a post card and wrote to E. Green, Dorset House—I received a letter and sent him a sample, and he sent me a cheque for 3l.—after that he gave me another order, and I sent him 51lbs. of butter, and 93 dozen eggs, which came to 7l. 17s. 2d., to E. Green, Dorset House, they have not been returned or paid for—this is my hamper (produced).
Cross-examined by MR. BOTTOMLEY. I recognize the hamper by keeping it in my possession so long, and by the twine where I tied the direction—I am not the prosecutor and am not paying the expenses of it—Inspector Davis wrote to me.
INGLIS RHODES SHAW . I am a grocer, of Keel's Cotes, near Spilsby—I received this post card in June, and sent up 195lbs. of butter to Dorset House, it was not returned, I received a cheque for the sample but nothing afterwards, 13l. was paid—the second quantity was for cash on delivery—the custom of the butter trade is cash on delivery and not 28 days credit.
Cross-examined by MR. BOTTOMLEY. I went to Dorset House and saw a person who told me he was Greene's clerk—I do not see him here—Boulger opened the door for me—I had a conversation with the clerk, Boulger was not present.
E. BOULGER. Never. Witness. You answered the door.
JAMES BRADFIELD . I live at Oak Hanger Road, near Hungerford, and am farm steward to Charles Godwin, Esq., who put an advertisement into a local newspaper, in consequence of which I received a letter from a man named Harvey, and sent him nine tons of straw, and afterwards ten tons to the goods station, Paddington—I merely received a draft for the first supply.
HENRY FIBRE . I am a butter salesman, of Charter House Lane—Newth brought me some boxes of butter, in the name of Green—Mr. Jones saw the boxes, I believe, the other day—they were marked with the name of "Blood, Flood, & Co."—some of the boxes weighed 5 or 6 cwt.—he brought four or five boxes—our cashier, Thirkill, paid for it—I did not sell it at rather a cheap rate—it was bad in quality.
Cross-examined by MR. BROWN. I did not see Green—the butter was rancid when it arrived.
Cross-examined by MR. BOTTOMLEY. We usually give credit in the butter trade—Newth told me he was a dealer in hay and straw—he did not tell me his name—I was not present when he came, but when he called again, our clerk said in his presence, "This is Mr. Green."
9l. 3s. 2d. on June 5; 5l. on June 10; 10s. on June 12, and 20l. on account—I have got one receipt, signed by Newth, in the name of E. Green—the butter was sold at 9d. and 10 1/2 d. a pound—I have known Newth about two months.
Cross-examined by MR. BROWN. I only knew him by the name of Green, not by the name of Newth—I never saw Green—I first saw Newth about 30th May—I never went to Dorset House—Newth is the only Mr. Green that I knew of—there is still a balance due, of 6l. 1s. 7d.
Re-examined. The balance is for butter sold on the same terms—as soon as the sale was completed he would call for the balance—nobody ever called for it to my knowledge.
HENRY POWER . I am cashier to the London Provident Deposit Bank—on 17th April the prisoner Newth opened an account there with 11l., I think, in the name of Edward Green—he signed that name, and gave his address 41, Gibson Street, Waterloo Road, fish dealer—we had no occasion to go there—he was furnished with a pass-book—I looked at the Directory, and saw that the address he gave was a coffee-house, and when he called, I mentioned it to him—he said "I am lodging there, because I have not yet got an office"—he subsequently gave his address, 52, Dorset Street, Fleet Street—I received a number of cheques, perhaps thirty have been cashed—the signatures were all the same, and agreed with the signature in the signature book—I believe them to be genuine—this receipt, for 0l., from Mr. Pybus, and the other for 10l., look very much like the signature on the cheques—the largest amount standing to his account, at any time, was about 11l.
Cross-examined by MR. BROWN. I have never seen Green in this matter.
Cross-examined by MR. BOTTOMLEY. The pass-book is made up to 7th June—I looked at the account yesterday, and 2l. 10s. or 2l. 13s. is standing to his account—I have seen Newth, perhaps, eight or nine times, and have no doubt as to his identity, he has generally come to pay money and he filled up the ordinary tickets—my impression was that he was opening the account in his own name—he said that his name was Green, in so many words, and wrote this name.
JOSEPH JOHN FARMFIELD . I am salesman to Henry Bird, of Long Lane, importer of eggs and butter—about the middle of June, Newth came there and asked if we could sell any butter—I said "From the west country?"—he said "Yes, we can sell any quantity of that kind of butter" and that he was a hay and straw salesman, and his friends who sent up hay and straw sent him butter—he gave me the name of Green when he brought the butter—I have had between 40 and 50 dozen lbs. of him—he came afterwards to see if it had been disposed of—he gave me no limit as to price—I gave him 10l. in part payment, in June, and he signed this receipt—he brought butter once, and came two or three times for the proceeds.
Cross-examined by MR. BROWN, I never saw the prisoner Green—I asked Newth his name, and he said "Green"—he did not say "they" had a good deal of butter to dispose of; he said "I"—the butter was sold at its full market value, some was very bad and only fetched 9d., some fetched 10d., and some 1s. 9d. which was the real tip-top quality—some was Welsh and some Dorset, from its appearance.
HENRY HARMER . I am a carpenter, of 49, Little Sutton Street—on the 13th June last I was at work in Mr. Green's office, Dorset House—Newth was there giving instructions to his clerk, who was writing at the table.
Cross-examined by MR. BOTTOMLEY. I was working for Mr. Hamilton, the wine merchant—I do not know what Newth said, he whispered.
ROBERT WILLIAMS . I am assistant to Mr. Scott, of Dorset House—I have seen Newth there, and had once to give him a letter as he came down the street, near the door—it was addressed "E. Green, Dorset House, Salisbury Square"—I said "Mr. Green, here is a letter for you"—he said "Thank you," and opened the door with a key and went in.
Cross-examined by MR. BOTTOMLEY. I had never spoken to him before.
JOHN DOCKRELL . I am a dealer, of 16, Beasfield Street, Caledonian Road—I met Newth in May, on the Great Western Railway, he asked me if I would buy any straw, as he had got some on a truck at the station—he showed it to me—another man afterwards came in, to see how much there was, and counted it—I agreed with Newth for the straw, and paid him 34s. a load for it—he said that it came from Hungerford, and signed this receipt in my presence—he paid the railway charges, there was nothing to deduct.
Cross-examined by MR. BOTTOMLEY. He did not tell me he was a sales-man, selling for Mr. Harvey, he did not give me any name—he gave me the order to fetch it in the name of Harvey, but he did not represent himself as Harvey—the receipt is signed James Harvey—he did not tell me he was selling for Mr. Harvey, or that he was Harvey—I have not bought hay of him when he was selling for Green.
WILLIAM SPARKS . I am a porter at the Great Western Railway Station, Paddington—Newth came to me in May, and asked for some straw for Harvey—I told him there was some for him, and he said I am Mr. Harvey—three crates of straw, consigned to Mr. Harvey had been there some days, Newth saw it—I afterwards delivered it to order—the name of Harvey should appear in this order, but it is not here; some of these our clerk has put Harvey on, and some he has neglected to do so—when goods arrive we send these papers to the consignees, that they may know that the goods are waiting at Paddington Station, ready for removal.
Cross-examined by MR. BOTTOMLEY. I first saw Newth in May, and I should say it was in July that I was asked to recollect the conversation, which I did; it was very short.
WILLIAM JOHN GEORGE . I am clerk to Mr. Latimer, a barrister—I saw Mr. Boulger, at Dr. Johnson's Buildings, Temple, outside Mr. Bottomley's chambers—he gave me this bill, which purports to be made out to me—this document (the illegible letter), is, to the best of my belief, Mr. Boulger's writing, but I should not like to swear positively.
Cross-examined by MR. BROWN. I have been Mr. Latimer's clerk, eight or nine weeks—I have been a barrister's clerk a number of years, to Mr. Harris, and to Mr. Yeatman—I left Mr. Harris because I was discharged—I never applied to him for a character—I decline to say what I was discharged for; it was nothing about money matters.
Cross-examined by MR. BOTTOMLEY. I did not interfere in this case, but I saw Bougler speak to your clerk, by the door—he did not ask to see Mr. Bottomley's clerk—I did not go away with him—I hardly know what I came here for—I was subpoenaed—I have seen Boulger write more than once, and to the best of my belief, this is his writing—he wanted me to buy some butter, and introduce it to my friends—there is still a balance of 10s. on his account of 4l. 7s.
GUILTY — Eighteen Months' Imprisonment each.
NEW COURT.—Friday, August 18th, 1871
For Cases tried this day, see Kent Cases.
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution; and MR. BESLEY the Defence.
ISAAC FARLEY (City Detective). In the course of last April, I was watching the premises of a man named Roosslar, of 75, Oxford Street, Stepney, who I afterwards had in custody—on 14th April, I saw a van with three horses drive up to his premises, it had on it the name of "S. P." (and some other letters), "Mumford, Greenwich"—the van was loaded with sacks, apparently of flour—the prisoner was driving it, and there was another man sitting on the tail of the van, with his legs hanging over behind—the van pulled up at the side door, in Russell Street, leading to the bakery—the man behind got down, untied a rope, took one sack off from behind, and took it into the side door—the prisoner took another one and followed him—the other man returned through the same door—the prisoner came through into the shop, and Mrs. Roosslar behind the counter, gave him some money over the counter—he then came out, got on the van, and drove away—the other man walked in a different direction to where the van was going—afterwards, about the 14th or 15th May, I searched Roosslar's premises, in company with another officer, and found three sacks, the property of Messrs. Mumford—we did not take possession of them—we were then searching for Messrs. Hadley's sacks—on 27th May, I saw the prisoner in the street, at Greenwich, and again on 3rd June—he was not given into custody till some time in July.
Cross-examined. I believe it was on 19th July that he was given into custody—he was admitted to bail on the second examination, and has surrendered this morning—I had been watching Roosslar's premises from 4th March, in Messrs. Hadley's case; it was a baker's shop—I watched it up to 15th May, alternately, not every day, according to circumstances, two or three times a week, perhaps every day for a week, and then not for two or three days, up to the date that Roosslar was taken into custody—I am sure about the 14th April being the date I am speaking of, I made a note of the date at the time—I did not book the time, I believe it was some time after dinner; 1 o'clock, or something after; it might be 2 o'clock, I am not certain of the time—I have not heard that the prisoner has got persons to prove where he was in the middle of the day—I am not aware that Mrs. Roosslar is here—I saw her constantly up to the time of her husband being taken into custody, and I saw her here on her husband's trial, on 7th June—since then I have seen her once, I have been to inquire for her—I was not the officer engaged in the case—I did not go on to Roosslar's premises on 14th April, when I saw this—I never went there till 15th May—I and Legg were there on Saturday the 13th; up to that time I had never been on the premised—during the time I was watching, the business of a baker was being carried on there—sacks were delivered, not every day, perhaps once a week, or once a fortnight; some might have been delivered when I was not there—the side door is not the proper door for taking things into the bakery; there is a loft door where they take in a load of flour when it comes—a sack would be taken in at the side door, or the shop-door—the side door is the direct way to the bakery—I saw the prisoner once between 14th April and 27th May, but I did not speak to
him till he was in custody; in foot, I did not speak to him then—I never asked him for any explanation—I did not take him into custody—I was in the parlour of a beer-shop, at the opposite corner to Roosslar's shop, where I saw this; about 18ft. off, it might have been 20ft. at the very outside—I was inside a room—the traffic was going on as usual, passengers were passing to and fro.
Re-examined. I gave evidence in reference to Roosslar, on his trial in reference to Messrs. Hadley's case.
THOMAS KITMER (Police Sergeant R). On the evening of 17th July I took the prisoner into custody at Messrs. Mumford's yard—I told him he was charged with stealing two sacks of flour on 14th April—he said he knew nothing about it.
GEORGE LEGG (Detective Officer). I was in company with Farley from time to time, watching Roosslar's shop, and I afterwards went with him when Roosslar's premises were searched—I found there a great many sacks, three marked "Mumford, Greenwich," with initials that I can't exactly recollect—I did not bring them away.
SAMUEL PRETTYMAN MUMFORD . I am in partnership with my brother Charles; we carry on business under the name of S. P. and C. Mumford, Greenwich—we brand our sacks in that way, and our vans and carts are so lettered—the prisoner was in our service as carman, on 14th April, and had been so for some time—I can't say exactly how long—the flour would be wheeled to him on a stage connected with the mill, and he would take it off the stage on his back, and so load his van—he would have a written ticket telling him where to take the flour, and the quantity he was to deliver to each, and he would bring back a counterpart of the ticket signed by the baker as having received such a number of sacks of flour—he would have no authority to dispose of any sacks of ours on his own motion to customers—I had no person named Roosslar, a customer, in the month of April—I never authorized the prisoner to deliver two sacks of flour to Roosslar on 14th April, or at any other time—there is no other miller at Greenwich of my name—in April, accounts had shown a deficiency for some time—the prisoner had no right to have access to our general stock—he could do so.
Cross-examined. I am very seldom there myself—I have never seen him have access to the stock—he has been with us twelve months, possibly more—we have five carmen, and five vans go out every day, twice a day when we are busy; that is the ordinary course of business—it would be extra-ordinary for them to go out three times a day—they do not always go out twice—an ordinary load would be twenty-five sacks, sometimes thirty—I do not personally fill up the check-book, it is made in three parts; the counterfoil, which is left in the book, the note for delivery to the customer, and the receipt to be brought back by the carman—some bakers buy twenty or thirty sacks at a time—I have heard of such a thing as a large dealer lending one or two sacks to a smaller dealer; if our man brought back the proper receipt that would not defraud us—it would be very unusual for a baker to get twenty sacks, and lend three to a neigubour—I never heard of such a transaction; sometimes they may exchange a sack in the evening before they set their batches—that would account for a sack of ours being found at a baker's, who was not a customer of ours; such a thing might happen—we should not fill sacks which had another name on them—if the sack of another miller came to us it would be sent to the owner.
Re-examined. No doubt we have had sacks of Messrs. Hadley's come to
us in the course of business, but I have no recollection of any—if it did happen we should return them to Messrs. Hadley—there is a depot to which sacks are sent.
ARTHUR J. BRAIN . I live at 31, Seymour Street, Deptford, and am a deliveryman in Messrs. Mumford's service—it was my duty to see the sacks delivered to the foreman—on 14th April, between 5 and 6 o'clock in the morning, I loaded twenty-five sacks for the prisoner to take out with him for T. Cross, of Bethnal Green—after the van was loaded, I was away from the place about a quarter of an hour—the prisoner would then have access to the place where the sacks were, without my knowing it—the prisoner had two vans loaded that day—the second one was loaded while I was at dinner, between 12 and 1 o'clock—Chapman would load it, then—he is here—there was a man named Punt in Messrs. Mumford's service at this time, as carman—there were five carmen—Punt was one, and the prisoner was another.
Cross-examined. A man would be about five and a half or six hours going to Bethnal Green Road, and back again—I was at dinner when he loaded the second time that day—I did not see that it was a load for Mr. Page, of Plumstead—I can't say whether he was gone when I came back from dinner—there are no other Mumfords in Greenwich, who are dealers in flour—there are two others at other places—one is P. Mumford.
JOSEPH CHAPMAN . I live at 21, Strickland Street, Deptford, and on the 14th April last I was in Messrs. Mumford's service—between 12 and 1 on that day I delivered some sacks of flour to the prisoner for Mr. Page and Mr. Lucas—he left about I with the van.
Cross-examined. He came back about 12, or before 12, having delivered his first load—I can't say whether the prisoner went to dinner before or after he loaded again—he had his dinner before he drove the van off the premises—his duty was to go to Plumstead—this would be the ticket for the customer—he had to bring back the other ticket to show he had delivered—it would take some hours to get to Plumstead—I don't know where Roosslar lives.
THOMAS KITMER (Re-examined). Roosslar's place is about 5 or 6 miles from Greenwich, Rooslar's is about a mile from Mr. Cross's place, where the prisoner went in the morning—it was quite an opposite direction where he went in the afternoon.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution; and MR. KEEBLE the Defence.
ISAAC FARLEY (City Detective). In the month of April I was watching Rooslar's place—I was there on the 24th, with Legg, and saw the prisoner drive up with a van with three horses—it had on the name of S. P. Mumford, and was covered over with a tarpaulin—when he arrived at Roosslar's shop he got off the van, unfastened the tarpaulin, took a sack on his shoulder and took it in at the side door—I saw "S "and some other letter, "Mumford, Greenwich," on the sack, in red and black letters—he went in at the door which goes into the bakehouse—at that time our attention was directed to the men who had stolen from Messrs. Hadley.
Cross-examined. I had not seen the prisoner before—I was facing him as
he turned his back to the van—when he came out, he got on his van and drove away—I am sure the prisoner is the man—it was in the morning part—Legg will speak more accurately as to the time—I believe it was before 12—I should say it was between 10 and 12—I could not say whether the van was full or not—it was covered over and tied with a rope behind.
GEORGE LEGG . I was in company with Farley on the 24th April, watching Roosslar's premises—in the morning I was following one of Messrs. Hadley's vans—down there—and saw Mumford's waggon draw up between 11 and 1—I think it was before 12—the prisoner was driving the waggon with three horses—he got down, took a sack from the hind part of the waggon, and carried it in at the side door of Roosslar's shop—he returned and drove away—there was a tarpaulin on the waggon, it was raining—I saw distinctly "Mumford, Greenwich," I did not interfere then, because I was engaged on another matter in finding out another robbery—I communicated to my superior officers, and they advised me not to interfere with Mumford's till I had finished what I was about—I saw the name of Mumford on the sack when he took it in—some of the letters were in red paint—I saw it was Mumford, Greenwich, and that was all I noted down—I searched Roosslar's premises and found three sacks of Mumford's, and a large quantity of Hadley's.
Cross-examined. It was between 11 o'clock and 1; I can't speak positively as to the time, it was a matter I was not much interested in—I had followed Hadley's waggon from their mills—I saw Mumford's name on the waggon, the prisoner was driving—it was written on the front of the waggon—he was driving three horses—the van was very heavily laden—the passage at Roosslar's is a direct entrance from the street into the bakery—that would be the proper way, but you could go through the shop also—I saw the prisoner some time after that, in the course of my travels, following Hadley's vans—I saw him at Mile End—I did not see him again till I went down to Greenwich, after Roosslar was in custody, and I picked him out as being one of the men—I had seen him once between the 24th April and 27th May—I have seen him since he has been in custody at Greenwich, and also here to-day—I was not present when he was taken into custody—I believe he was taken on 7th July—I went to Greenwich to give evidence against him the first day he was brought up there—I did not apprehend the man—I gave information to Messrs. Mumford's, as I was instructed to do.
Re-examined. I recognized him when I saw him between 24th April and 27th May—I was watching Roosslar's premises seventy-four days—a large number of Hadley's men have been convicted, and it was necessary to get evidence against each of them.
SAMUEL PRETTTYAN MUMFORD . The prisoner was in my service as carman—we had no customer named Roosslar—I can't state how long the prisoner was in my service—there is no other miller named Mumford in Greenwich.
Cross-examined. There is Peter Mumford and George Mumford, but they are in London—I know the prisoner has been twelve months in service, but I don't know whether he has been more—my mills are about six miles from Rosslar's shop, I should think—I can't speak to the distance accurately, for I don't know myself where Roosslar's shop is.
ARTHUR BRAIN . I am delivery man to Messrs. Mumford—on 24th April I loaded the prisoner's van, about 6 or 6.30 in the morning, with twenty-five sacks of households for Brett's, Shoe Lane, who were regular customers—there was nothing else in the van—I went away for about a quarter of an
hour—the prisoner would have access to the sacks during that time—it would be possible for the van to hold two or three more sacks, but it would show directly—the van would hold them on the top of the others.
Cross-examined. The van was properly loaded when I saw it, and fully loaded—any more sacks would have to be put on the top of the others—all the vans have a tarpaulin over—they would have to lift the tarpaulin and put the sacks under—that would take some time—I was only away a quarter of an hour, perhaps not quite that—the prisoner went to harness his horses—that would take him some time—I have no doubt I saw the van start—I did not notice anything irregular about its appearance—I don't know how many sacks were delivered at Brett's—I have nothing to do with that—the note is returned to the office—we have a rest from 5.45 till 6, and I was away during that time.
Re-examined. It is the practice, if there is not room for all the sacks standing up, to put them on the top of the others, and if it was wet, the tarpaulin would be put over them—my attention would not be called to the van after it was loaded.
Cross-examined. I never recollect flour being delivered after 12 o'clock in the day; sometimes before breakfast, I think, 8 o'clock in the morning, or half past 8.
S. P. MUMFORD (Re-examined). It would be the duty of the carman to return the note, signed by the customer, to the office—this is the return note from Mr. Brett—this writing "By W. Punt," is the writing of Mr. Thorne, the clerk in the counting house—there have been deficiencies of flour on my premises for a long while—the carmen are always directed to go at a walking pace, which would be four miles an hour.
Cross-examined. I am a delivery foreman in Messrs. Mumford's employ—I loaded the prisoner's van on 24th April, between 12 and 1 o'clock, with flour, which was to go to three different parties at Kennington Park—I don't know the addresses—the names were James, Brook, and Large—I went to dinner after I had loaded the van—I don't remember whether I saw it again before it started.
Witnesses for the Defence.
WILLIAM BUTLER I live at 13, Alsop Mews, and work for Messrs. Thorogood & Co., flour factors—they have no mills, and are in the habit of dealing with Messrs. Mumford's, of Greenwich—on 24th April, I was at Messrs. Mumford's, about 11 o'clock—I saw Punt there, a little before 11—I am positive about the time—this is the note I took to Mumford's—it is for two tons of bran—Punt assisted me to load—I am positive it was Punt; I had seen him at Mumford's before, and about with their van.
Cross-examined. I was not examined before the Magistrate—I was first asked to give evidence last Saturday—someone came and left a subpoena for me—I had not seen anyone before that—I had not told anyone that I could prove—Punt asked me whether I could recollect the time I came after the bran—that was last Saturday, between 9 and 10 o'clock in the morning—that was the first time anything was said about it—he asked me if I could remember coming for the bran, and helping me to load it—I have been twice since to fetch bran—it was about 11.30 when I left the
yard on 24th April—it was a little before 11 o'clock I went to get the bran—I remained there till 12.30—I was getting my load—it was 12.15 when I first saw the prisoner—I was busy loading my van—my attention was not called to this from 24th April till 12th July—I only recollect from the tickets.
Re-examined. I have been to Mr. Mumford's twice since—I think that was the first time I had been—that was the ticket I took with me—it is dated 24th April.
GEOROE PRATT . I live at 15, Wilson Street, New Cross, Deptford—I am in the service of the prosecutors—I recollect the 24th April last—I had been out on a journey that day, and returned at 11.40, and saw Punt in the yard when I returned—he went out with a load after I came back—I went with him to Kennington, and helped him to get out twenty sacks—he had thirty with him—it was about 1 o'clock when we started from the mill.
Cross-examined. I was not called as a witness before the Magistrate—I was not there—when I heard the policeman say he saw him at 12.15 I said I was at home before he was, and I was at home before 12 o'clock—I told the prisoner's solicitor what I have told you to-day—that was after the prisoner had been committed for trial—I knew that he was twice remanded before the Magistrate—I did not tell the solicitor before that, what I was going to prove—I did not see him—I did not think it my duty to go and tell the solicitor what I could prove—Mr. Mumford has not found fault with me, that I am aware of—I took some corn for the horses, and he found fault with me—he did not tell me he had a great mind to discharge me—he found fault with me—when I went home Butler was there, loading his master's cart.
Cross-examined. All that I was found fault with was for taking corn when I was going a long journey—it was about two months ago, I should say.
GUILTY .— Twelve Month's Imprisonment.
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution; and MR. HOLLINGS the Defence.
JOHN THOMAS PITMAN . I am an oilman, at North Road, Lewisham—on the evening of 29th June, about 6 o'clock, while some person was engaged delivering bottles at my place, I saw the prisoner, with another boy, looking through the window as if they were watching my movements—a young lady came in for change for a 5l. note—I took 8l. 10s. out of my pocket; I gave her change for the 5l. note, and I placed the note, and the 3l. 10s., and a cheque for 1l. 8s. 6d. in my purse, which I put in my desk, behind the counter, while I assisted the man with the bottles—the man who was with the prisoner walked into the shop and stood by the counter—I said "What do you want?"—he made no reply—I said "Wait a minute, I will be back in a minute, and attend to you"—I had to go into my side ware-house, and when I came back he had left the shop—I went to the door and looked, and said "Hi!"—I saw the prisoner and the other man about ten yards from the shop—the prisoner said "We will be back directly"—they were walking—I went back into the shop, and missed my purse from the desk—I went in pursuit of the men, and saw the prisoner running over the
bridge to the station—Bowen was with me, and we ran the prisoner into the back of the Plough public-house—I gave him into custody there—I have seen the cheque since—this is it (produced)—the police showed it to me 14th July, eight days afterwards.
Cross-examined. It was about 6 or 6.30—the two men were looking in at my window—the prisoner was one of them—I was watching him and he was watching me—I knew him by his voice, and by his face—he said he would be back directly—I had a suspicion of them leaving the shop, that they had robbed me—they were both together when I spoke to them—I called from my shop door "Hi!" and the prisoner said "We will be back directly"—I then went and looked in the desk, and my purse was gone—the other man was rather younger than the prisoner—I should know him again—I saw both their faces as plain as I see yours—I put my purse in my desk on the counter—it is close to the window where he was looking in, within a yard—a person would have to go round the counter to open the desk—there is nothing to prevent a person going round—I was only away about three minutes—I am quite sure I placed the purse in the desk—it was a leather purse.
Re-examined. He had plenty of time to go round the counter—I had not six yards further to go than he had—it must have been done very quickly, for I had my suspicions, and returned as quick as possible.
JOSEPH BOWEN . I live at Lampit, Lewisham, and am a baker—on the evening of 29th June, I was going towards Lewisham Bridge, about 6 o'clock—I saw the prisoner and another man running, followed by Mr. Pitman—he said something to me, and I ran after them—the two men separated, and the prisoner ran over the Lewisham Bridge, round the embankment, and jumped into the Plough tea-gardens—I went round to the Plough and saw the prisoner in front of the bar—he asked me if I had caught the two men I was running after—I said "No"—I sent someone for Mr. Pitman, and he came in, and gave the prisoner in charge—I know the urinal at the Plough—the prisoner did not pass that.
Cross-examined. The prisoner was standing in front of the bar with his coat and hat off—he had had some ale—he had finished then—the two men were dressed in black clothes—when I saw the prisoner he had no hat or coat on.
COURT. Q. Which way did the prisoner go into the tea-gardens? A. Jumped over the wall by the side of the railway—the urinal was at the side of the public-house—the other man ran straight under the arch, and I lost sight of him—he did not go near the urinal—neither of them did—it was about a couple of minutes from the time I saw him jump over the wall, till I saw him in front of the bar—I had to go 300 or 400 yards—he had not drunk all his beer when I got there—he could get to the urinal from where I saw him, by going outside the front door—it was about twenty yards from the place where he was standing—the other man ran another way.
JOSEPH STEVENS (Policeman R 64). I took the prisoner on 29th June—the prosecutor told me what had been done, and I said he would have to go with me for that offence—the prisoner said "I don't know anything about it"—I searched him at the station and found 10s. in silver and 6 1/2 d. in bronze.
Cross-examined. He was in the tap-room when I apprehended him, sitting down at the table, drinking a glass of ale.
ALFRED HILL (Policeman R 192.) On the morning of 14th July, I went into the urinal at the Plough Tavern, Lewisham—I found this cheque there—it was filled up like this—it seemed as if it had been recently dropped there.
GUILTY .*— Eighteen Months' Imprisonment.
MR. THORNE COLE conducted the Prosecution; and MR. GRIFFITHS
NOT GUILTY .—
MR. KELLY conducted the Prosecution.
GEORGE CAMPBELL . I keep the Edinburgh Castle, Samuel Street, Woolwich—about 1 o'clock in the morning of 25th June, I saw my premises securely fastened, and went to bed—about 7 o'clock I got up, and found the parlour window open, and a ladder standing against it—I examined the bar and found that a small cupboard and the till had been broken open, and about 5l. in coppers, and 2l. 10s. in silver taken—I had only known the prisoner a few days previously—I think I have seen him twice in my house within a fortnight—I communicated my loss to the police.
Prisoner. You stated, at Woolwich Police Court, that I was in your house on the night of this robbery, just before closing time. A. I was informed that you were at the door of the house.
WILLIAM RICHARDSON . I keep the Earl of Warwick public-house, Woolwich—in the evening of 26th June, the prisoner came and asked me if I would take 10l. worth of coppers for 9l.—I refused—he had some refreshments, and said he would settle in the morning—he came the next morning with 5s. worth of coppers—he paid me 1s. 10d. for his refreshments the previous night, and I gave him the remainder in silver—he said he had got the coppers from Hanging Wood—there was some earth upon them—he was with a girl named Seymour, and he told her, in my presence, that he had been into the Edinburgh Castle, and he promised to give her a half-sovereign to pay for some dress that she had got away—he also said he could get into my house as well as the Edinburgh Castle, and then I had a watchman to take charge of my place.
Prisoner. Q. Did I show you any coppers on this evening? A. No, you said they were in Hanging Wood—I did not preserve the coppers with the mould on, because I did not know you had committed the robbery—I did not tell the Magistrate, on the first occasion, about your telling the girl Seymour that you had been into the Edinburgh Castle, because I was not asked—I did state it afterwards.
CAROLINE SEYMOUR . I live in Woolwich, and know the prisoner—I remember being in the Warwick public-house with him—I do not know the date, but it was before 4th July, because I went into the hospital on 4th July—it was the latter end of June—on Tuesday, the 27th, he told me, in my own room, that he had entered the Edinburgh Castle—he also told me in the public-house, and he said he would give me a half-sovereign out of the proceeds of the robbery.
COURT. Q. Did he say so? A. Yes—I understood all along that he was going to the Edinburgh Castle.
MR. KELLY. Q. That was before he went? A. From the first day he
came out of prison, he told me he should go there again—he told me he had got in in the same way as he did before—I have known him about two years.
Prisoner. Q. Did not you state at Woolwich Police Court, that it was all up in your room, and that you were not with me at the Warwick that night? A. No, I said it was in the room, as well as at the Warwick—you had been there with me on several occasions—I was not offered a sovereign to give false evidence against you when you were here before—I did not tell you so—I told you that Mr. Guyer, the owner of the stolen property, told me if I could tell him where any of it was, he would give me a sovereign—I did not tell you that Mr. Davis and Mr. Margetson had offered me a sovereign.
JOHN HARVEY . I keep the Nelson public-house, Woolwich—I remember being at the Police Court, but I do not know the day—about a week before that, the prisoner was in front of my bar—he asked me if I could oblige him by taking 4l. worth of coppers, as he had paid his men the week before in coppers, and they grumbled very much, and he had got to pay them this week, and if I could oblige him, he would be very thankful—I refused—he remained there some time with other people, and then went away.
JAMES MARGETSON (Policeman R 122). I apprehended the prisoner—I charged him with breaking into the Edinburgh Castle—he made no answer—I asked him where he slept on the night of the 24th—he said "At home."
HENRY CALOOTT . On the morning of 5th July, I was in a cell at the police-station—the prisoner and Peck were there—the prisoner asked me what I was in for—I told him for fighting and being drunk—I asked him what he was in for, and he said "For stealing 10l. from the Edinburgh Castle, but he only had 3l. 10s. in coppers."
Prisoner. I deny telling him that; I never spoke to him.
The Prisoner's statement before the Magistrate. "I deny offering 10l. worth of coppers at the Warwick, and I also deny offering 4l. worth at the Nelson. I went down to the Warwick on the Tuesday, and asked the landlord how much I owed him; he told me 1s. 10d. I said I had 5s. worth of coppers, if he liked to take them, and give me the difference. He did so, and gave me change in silver."
Witnesses for the Defence.
Cross-examined by MR. KELLY. This was the night that he said the robbery was committed—I cannot say what night—no one slept with him.
MARGARET ROSS . My husband is a merchant seaman—I live in Woolwich—the prisoner is my brother—we were down in the town on the night the robbery was committed—I do not know the day of the month—the prisoner was out with me and my husband—we went into the Navy Arms and the Crown and Anchor, but not into the Edinburgh Castle—Caroline Seymour told me that she was offered a sovereign, by Margetson and Davis, to appear against the prisoner.
Cross-examined by MR. KELLY. We did not go into the Edinburgh Castle—when we got there it was closed—I went to the door and knocked, and a
young man said "You are too late"—I said I did not want to come in, but wanted to be served with a drop of beer—I had a pot of beer, and we went home—my brother was potman at the Edinburgh Castle about eighteen months ago.
CAROLINE HAWKINS . I live at 17, Godfrey Street, Woolwich—my husband is a soldier—the prisoner is my brother—I know that he was at home on this night—it was on the 25th, a Saturday night—I saw him go to bed.
COURT. Q. The 25th of what? A. July, I think—I don't know whether it was June or July—it was June—I was in bed, and I heard my brother, my Brother-in-law, and my sister, come home, and I heard my brother come down stairs and go into the front kitchen—I was in the next room—I had to get up during the night for a drop of water, and my brother was in bed asleep—I cannot say what time it was, it was in the middle of the night—I saw him in the morning again, about 8 o'clock, and he was still in bed.
Prisoner. Q. Did not Caroline Seymour tell you, in the presence of Mrs. Ross, that she was offered a sovereign to give false evidence against me? A. Yes.
He was further charged with having been convicted in December, 1869, to which he
Ten Years' Penal Servitude.
MR. KELLY conducted the Prosecution.
It appeared by the medical evidence that the child died from injuries caused during birth, the prisoner having delivered herself without medical assistance, and that it would have died independently of the exposure.
NOT GUILTY .
Before Mr. Justice Hannen.
MR. MEAD conducted the Prosecution; and MR. BOTTOMLEY the Defence.
RICHARD CONNOR . I am a labourer, of 7, Pier Street, Deptford—the deceased, Timothy Shean, worked for me two days last year, and I knew him by sight—on 2nd August I was in the White Hart public-house, Deptford—the deceased came in and went to the back, and the prisoner came in and asked for two gallons of beer—the publican said "Won't one gallon be sufficient!" the deceased said "So it will be sufficient for the time"—the prisoner said "No, I have won one gallon in a wager, and another gallon we want to take to the ship's crew"—the deceased said "I will pay you that gallon in the afternoon, when we knock off work"—the prisoner said no, he should pay it then—the deceased used some foul expression, and the prisoner threatened to hit him—the deceased took off his jacket, and as he did so, the prisoner got outside, and the publican and my mate both stood up trying to keep the deceased inside, and then the prisoner came in again, and as he come in the deceased would go out—the prisoner chucked my mate one way, and the publican the other, and went out—I then went out, and they collared each other and both came to the ground, alongside the kerb stone—my companion lifted the deceased and the prisoner got up—they stood up in the road, and as they came at each other, the prisoner hit the deceased somewhere underneath the jaw with his open hand—the deceased reeled about the road and fell—my companion picked him up and stood him in
the middle of the road, and he fell senseless, and out his face with the gravel—they sat him in the road, my companion wiped his face with a handkerchief, I went into the tap room and saw him dead.
Cross-examined. This was about 2.30 in the afternoon—I did not see them have any beer, the quarrel was before the beer was served—they were both the worse for liquor, but the prisoner was less drunk than the deceased—the prisoner had no jacket on, he left it on board ship—I was drinking with my companion—about a dozen people were there—I did not see the deceased strike the prisoner—I did not see any ring—the road where he hit his face is gravelled with small stones.
TIMOTHY MOGUINEBSS . I live at 15, New King Street, Deptford—on 2nd August I was with Connor at the White Hart, and saw the deceased come in—while he was at the back, the prisoner came in, and asked for two gallons of beer; the landlord said that one gallon would be sufficient, and the deceased said that one gallon would be sufficient—the prisoner said "I have won one gallon of you, and you ought to pay it to me"—the deceased said "I shall pay you in the afternoon, after leaving off work"—the prisoner said "You cannot get money sitting down in a public-house; I want 1l. to-night"—the deceased used foul language, and the prisoner said "If you use that language, I shall hit you"—the prisoner said "That was before you bought your shovel; I will fight you"—the deceased took off his coat, the prisoner went out, and the landlord and I kept the deceased in—the prisoner came in, and then the deceased went out—I attempted to keep the prisoner in, but he got out and joined the deceased—I went between them, and said "You are working mates together, do not fight, you will be sorry for it to-morrow"—they told me to stand clear, which I did—they took each other round the body, and both fell on the kerb—I picked the deceased up, and said "Don't you fight any more"—he said that he should have another round—the prisoner got up by himself, and they got in contact again, and the prisoner threw the deceased across the road—he got up again, and I said "Don't have any more"—he said "Yes, I shall have another go"—they sparred up together, and the prisoner caught him a blow here, (on the side of his face), and the deceased reeled round—I caught hold of him, and he said, while he was reeling, "Where is my cap?"—I said "Your clothes are across the road, at the public-house"—I let him go, and he fell on his face and hands, and got scratched on his face and forehead—he could not get up—they brought some water, and washed his face, and we took him into the tap room.
Cross-examined. There were not more than half a dozen people there—it was when I was trying to get him away, to prevent him fighting any more, that he fell forwards.
CHARLES WILLIAM HATT . I keep the White Hart at Deptford—on 2nd August the prisoner and the deceased quarrelled before my bar—they both went into the road, and I did not see them again till I went out, and saw the deceased lying on the path.
Cross-examined. I saw the deceased take off his coat—I did not supply him with any liquor then, but six or seven of them were in and out all the morning—he left at 1 o'clock, and came back at 2.30.
ELIZA. LILIE . I am a widow, and live at 6, Commercial Street, Rotherhithe—on the afternoon of 2nd August, I was passing through Grove Street, Deptford, and saw the prisoner and the deceased very tipsy, and fighting—I saw the prisoner hit the deceased a very heavy blow at the side of his face—he fell, and got up again, and then he fell dead.
Cross-examined. I do not think there were a dozen people—it was not like a fight—he fell directly, and got up of his own accord—nobody helped him up.
HENRY LESTER (Policeman R 274). I was called into the White Hart, and saw the prisoner and the deceased—the prisoner was leaning against the bar, crying—I asked him how he came to do it—he said he only struck him once, and that was under the ear, with his fist, and he was very sorry for it.
FREDERICK FISHER . I am a surgeon, of Cleveland Street, Deptford—I made a post-mortem examination on Timothy Shean, and found a rupture of the internal jugular vein, producing a large clot of blood, lying immediately on the commencement of the spinal marrow, and causing instantaneous death—a blow, such as I have heard described, would cause that injury.
Cross-examined. There was an abrasion on the tip of the nose, and the right eye was thoroughly blackened, there was no external mark under the ear, but a blow must have been struck under the ear, to produce what I saw—if he fell on a stone in the road, that would produce the same result—I saw him two days afterwards; all the vessels of the brain were then congested, and there was beer in the stomach—drink would render the vessels more liable to be injured on receiving a blow or a fall.
The Prisoner's statement before the Magistrate. "I am very sorry for it"
GUILTY .— Three Months' Imprisonment.
before Mr. Recorder.
MR. HUDDLESTON, Q.C., with MR. F. H. LEWIS and MR. HARRINGTON, conducted the Prosecution; and MR. SERJEANT SLEIGH, with MR. MONTAGU WILLIAMS, the Defence.
CHARLES EDWARD GRIPPER . I carry on business at Manchester Wharf, with my father, as corn factors—in 1868 we contracted with the Admiralty for the purchase of mill offal from Deptford Dockyard—these three cheques for 325l. 10s. 6d., in August, 1868; 185l. 9s. 1d., on September 1st, 1868; and 143l. 13s. 6d., on 30th September, 1868, were drawn by our firm, in payment for mill offal purchased from the dockyard—I, personally, cashed the cheques of 1st and 30th September at our bank, and paid the proceeds, to the prisoner at the cashier's office, Deptford—I saw him write these two receipts (produced) "Received 185l. 9s. 1d. on account of mill offal. C. H. Pinhorne, 1st September, 1868." "Received from the contractor, Mr. Gripper, 143l. 13s. 5d. for mill offal. C. H. Pinhorne, for cash."
Cross-examined. I probably received bank notes for the cheque—it was at the London and County Bank, Lombard Street—I did not take the numbers of them—there is a clerk here from that bank—I do not know whether he is the one who paid me the notes—I did not subsequently obtain the numbers of them.
Re-examined. The clerk is here on the part of the defence, I believe. CHARLES ROBERT SMITH. I am clerk to Gripper & Co.—on 1st August, 1868, I cashed this cheque at their bank, by their directions, and paid the proceeds to a clerk in the cashier's office, at Deptford—I do not recognize him—he gave this receipt, "Received 325l. 10s. 6d. C. H. Pinhorne, for cashier."
Cross-examined. The greater part of the proceeds of the cheques were bank notes—I paid them to the man who gave me the receipt—I did not take the numbers, but my employers produced them afterward.
EDWARD EDB . I was store-keeper at the victualling yard, Deptford, in 1868—I know the prisoner, he was at that time chief clerk in the cashier's office in the dockyard—a man named Brietzcke being cashier—I know the prisoner's writing, these receipts on white paper are his, signature and all—it is the practice in the dockyard to receive wheat and oats to be ground up for the use of the victualling yard, and the offal resulting from the grinding is sold to contractors—as store-keeper I have charge of the offal—the contractors come and take it away from time to time during the month, and I furnish to the cashier's office a note of the quantity taken, through the several contracts at the end of the month—it is the course of business that the statement should be furnished to the yard, to indicate the amount of money to be received—I or my chief clerk furnished vouchers for the quantity of offal taken away during September, 1868—the offal should be paid for once a month after the cashier received the document.
Cross-examined. The defendant was in the government employ at Deptford, from somewhere about 1852, he came just before I left for Ireland in December, 1852—I was not acquainted with him because I was away, but I knew him again on my return to Deptford seventeen years after—while he was with me he bore, as far as I know, the highest character for honourable and regularity of conduct—he was pensioned a year or two ago, but I don't know the amount—no inquiry had been instituted before Admiral Wilmot, in reference to these matters before he was pensioned—I did not attend before Admiral Wilmot, and was no party to the inquiry.
Re-examined. It was after that enquiry that the prisoner left the service of the government—he left the Admiralty in consequence of that enquiry—the office he occupied was not abolished, but he received a pension.
EDWARD ISKAM BRIETZCKE . I was in the employment of the Admiralty, in 1868, and had been so forty-four years—I left in 1869—my pension is 550l. per annum—in 1868 I was store-keeper of the dockyard, and cashier of the dockyard and the victualling-yard—the prisoner was chief clerk to the general department—it was his duty to receive money paid into the cashier's office—it was his duty to enter it in the rough cash-book first, and at the end of the month all sums were transferred to the fair cash-book—the money received would be put in the chest; that was not paid into the bank at the end of the month, we should keep our balance and check the amount in the chest by the fair cash-book—if any sum was not entered in the fair cash-book it would not have been taken into account—I received monthly from Mr. Ede's department an account of the sales of mill offal during the month—that statement was the only check I had on the amount received from the contractor, and it was on printed forms—that would be sent to the cashier's office, and in the course of business the prisoner would have access to them—in the absence of those vouchers, I should have nothing to guide me in the amounts received for them—I have gone through the rough cash-book and the fair cash-book repeatedly—there is no entry in the rough or the fair cash-book of 325l. 10s. 6d. received from Gripper, in August, 1868, or of 185l. 9s. 1d. on 1st September, or of 143l. 13s. 5d. on 30th September—there is no record of those sums—the prisoner never paid me any of those sums—I never got any statement from the superintendent's office of that amount of mill offal being sold to
Gripper—if I had received it, it would have indicated to me that Gripper had to pay those sums, and I should have made enquiry—the prisoner was in a position to have got access to those statements and to remove them—there was no means by which it could come to my knowledge that this money was going to be paid into the cashier's office by Gripper—these sums have never been paid to the Admiralty.
Cross-examined. These vouchers would be sent into my office—they were the only means by which I should know the amount to be paid—the defendant had access to them, and could have received them—I had the same access to them, I could have received them—two clerks and two writers, with prisoner, were employed in the office—Mr. Pinhorne was one clerk, and Mr. Jeffrey the other, who I believe is here—it was not part of the writer's duty to receive money—that duty was performed by me in Mr. Pinhorne's absence, and I made the entries in the rough cash-book—I cannot call to mind ever forgetting to do so—it is not a fact that in January, February, and March, 1868, I received a sum of 249l. odd, and that I made an entry of it in my own writing in June following—I said when I was before the Magistrate, that there was a doubt about it—entries of money received from Gripper in February and March, should appear in this rough cash-book, and I have looked through it in reference to this matter, and the entry is not here.
Q. Is it there found that these sums are entered as being received in June, 1868? A. There is an entry, but it is not in my writing—I said before the Magistrate that it looked like mine, but that I had a doubt—I say to-day that it is not my writing—I will swear it is not mine and I can give you my reasons—I have had the book, but I do not think I have looked at it since, for I do not care about it, but I have had the vouchers—notwithstanding I have not examined it, I say that it is not mine, and I have my reasons for saying so—entries in the rough and fair cash-books were not postponed from week to week and from month to month, with my knowledge—the entry of sums of money received has not, with my knowledge at the time, been postponed for weeks, and in some instances for months—I know the case to which you refer—the monthly cash account indicates when the money was actually received—my duty was to send in to the Admiralty, a monthly cash account, signed by myself, and containing a statement as to the actual dates on which the moneys were received—the books were not sent, but a monthly statement sheet—all the accounts are sent in a sheet which goes up to the Admiralty and is kept in the Accountant General's-office. (The sheets were here produced). It was my duty to send in monthly, this sheet, containing the particulars—here is no entry in February or March, 1868, of 249l. odd received from Gripper, nor do I see it in the June account—I should put my name to a receivable order for 249l. odd when it accompanied a voucher—my receivable order for this 249l. accompanies the sheet sent to the Admiralty—it did not sometimes occur that I received the money and handed it over to Mr. Pinhorne, and desired him to make the entry—if I received it I should make the entry—it is his duty to obey my orders—in the prisoners absence, from sickness or leave, Mr. Jeffrey would receive amounts—the receipts handed to Mr. Gripper might be signed by Mr. Pinhorne "pro cashier"—I did not sign receipts when Mr. Pinhorne was present, but I was always at my duty when he was absent—if Mr. Jeffrey received money in September, 1868, that does not prove that I was absent—there would be
a receipt by Mr. Jeffrey in his own writing, and it would be his duty to put the money in what we call the public money chest to which there were two keys, and the prisoner had one, but only during office hours—he received it in the ordinary course of business every morning, and returned it to me in the evening—he had no other key—I had another duplicate key which I kept at my house—I do not remember a single occasion when the prisoner and I were absent at the same time—if he was absent in 1868, I should be there—I should entrust the key to Mr. Jeffrey—we both sat in the same office—we had a counter across, and we left the key in the door while we were at our posts—a rough coin-book was kept in that chest—I suppose that has been transferred, with all the books, to my successor—it was the prisoner's duty to make entries in it (The, book was here produced). Up to a certain point this book is all in the prisoner's writing—we used to take the weekly balance for the Admiralty not very accurately, but sufficiently accurate to enable us to say what we should require for salaries and other expenses—there would be an entry of the contents of the chest, so as to tally with, the fair cash-book—I call this the rough coin-book—it would afford no test of the amount of money if it had not been put into the chest—all that it ought to contain, is an entry of the money in the chest.
Q. Supposing a sum of money was paid in by the contractor before the receivable order had reached your office, that would be a reason for postponing the entries of the money when it was received? A. Into the fair book which is made up at the end of the mouth by the prisoner and checked by another clerk—it is one of my prescribed duties, by order of the Admiralty, to examine from day to day every voucher and every entry in my book, and see that they agree one with the other—this "Brietzcke" to this receipt of 249l. 15s. 1d., in March, is my writing—the words "Received the amount" are the prisoners' writing, and the other portion which is not printed, ia written by Mr. Ede, the store-keeper—the money would be paid into my office in the course of the month—it might be paid in before the receipt of the order, but I should say not afterwards—this entry 107 of 249l. 15s. 1d., on 1st June, 1868, is in the prisoner's writing; there are five certificates tied together, and the amount of these three of them makes this 249l. 15s. 1d.—that does not appear to have been entered as sent into the Admiralty till June, I know nothing at all about it—it is the prisoner's writing—it was one of the instructions of the Admiralty that we should not under any shape or form, or for any purpose whatever, make use of any money from the public funds—I did not inflexibly conform to that rule exactly; I have diverged from it, not very frequently but on several occasions—I have sometimes, for my own private purposes, taken out 20l. or 30l. which I might temporarily require, and put in an I O U, or cheque on my banker—J made no report to the Admiralty that I was in the habit of doing that—I made no entry in any of the Government books on any one occasion when I took money under those circumstances—there is no entry in any Government book which would corroborate my statement whether it was 1l. or 100l.—I was not, in 1867 and 1868, in pecuniary difficulties further than I could meet by living prudently—I was in the office till 31st March, 1869, when I gave up charge—the prisoner had left previously, after an enquiry by Captain Wilmot, the then superintendent, relating to an irregularity about 101l. odd—I reported the thing to him, and appeared before him in reference to the matter—the prisoner also appeared, and he was
subsequently pensioned, but I never heard the amount—I know that I am pensioned myself, and to the amount of some 50l. less than I think I am entitled to—I paid that 101l. difference myself, out of my own pocket—I was not called upon to pay it, I came forward voluntarily, and said that as the cheque had passed through my hands, I felt bound to make the matter right, although I had not had the proceeds—the cheque bore my endorsement, but it never appeared in the Government books, it was sent to the London and County Bank, Deptford, where I bank, and it was all perfectly fair and above board—the practice was to pay in all sums, but I might, when I required to cash notes for the purposes of the Government, send them to the bank and convert them into gold—that was not the practice week after week, it was occasionally—we paid in all sums to the bank, and we drew on them for gold whenever we wanted it—occasionally when we were short of sovereigns or half-sovereigns, I took moneys from time to time from the public chest, and sent them down to the bank at Deptford, to convert them into coin; there was nothing irregular in that—I did not, during the whole of the time I was there, take money from the chest when I required it, and put in an I O U—to the best of my recollection I did not do it in January, 1869—I will not undertake to say that I did not do it as late as December, 1868—I mostly put in a cheque or a memorandum, I was responsible under a bond for 2000l., and I had my eyes open—my eyes were open to the fact that on no pretence whatever was I to touch the Government money—the General London Bank were my bankers in 1868, I had no other banking account—the cheques I put in in 1868 were on the General London Bank—I was a shareholder there—I am not aware that in 1867 I had overdrawn there to the amount of 60l. or 70l., which I have not paid till this day—I swear that I am not aware that at this moment I am indebted in that amount to the estate of the General London Bank—I do not know Mr. Lock—I may have been overdrawn in 1867, 58l. 15s. 10d. at that bank, but I thought it had been paid through my solicitors, Messrs. Vizard, of Lincoln's Inn Fields—I cannot say whether 58l. 15s. 10d. was the amount in which I was indebted in September, 1867—I will not swear it was not—cheques of mine, on the London General Bank, were not to my knowledge dishonoured during 1867, by reason of their not having assets to meet them—I do not remember that my very last cheque, one for 60l. on 29th June, was dishonoured—I carried on no business irrespective of my Government office at Deptford—I have paid in small bills of exchange to the General London Bank, and got them discounted; I do not recollect the details—I did not carry on a little business as a bill discounter—these were, I suppose, promissory notes of my own—during 1864, 1865, 1867, and 1868, I had occasion to employ the services of a solicitor, in reference to different parties who were putting pressure on me for amounts I owed them—there may have been an occasional instance where I was sued and a judgment obtained against me, but not repeatedly—I have borrowed money of an insurance office.
Q. Were you in default of payment, and did they take proceedings against you? A. What is the name of the office?—it is not the fact that more offices than one were pressing against me—I do not remember the name—the Sovereign Life Office was one—a friend of mine had borrowed money from them, and I had a small share in it—he did not, I believe, keep up the payments—I owed a person named Bailey 250l. in 1868—he did not put pressure upon me—it has been partly paid by instalments—my
solicitors borrowed money of the London and Provincial Society, for my sake, to get me clear—I am not aware that it was for the purpose of paying off judgments which would have resulted in executions on my furniture—it was necessary that they should be paid off—I know that money was raised, and is partly owing at the present moment, but instalments bare been paid—I obtained money from the Mutual Loan Office, in 1866, part of which is owing still—I owe nothing to the Protection Life Insurance Office—I have had a loan from them, but it has been paid—I have owed them nothing for many years—I am not indebted to various tradespeople in a considerable amount of money, I do not owe them 50l.—I am indebted to one or two personal friends besides Mr. Bailey—my pension is 550l.; it is not mortgaged—my solicitor receives it, because I do not live in England—he is the solicitor who raised this money for me—300l. of my pension is not devoted to the payment of my debts, some of it is; but that is not discreditable—I borrowed money of Mr. Tnddolph, a clerk in the Government employ, and I believe I have paid bun through my solicitors—I believe it was not borrowed through my solicitors—a bundle of notes was produced before the Police Magistrate, at Greenwich, but I am not aware that anyone has traced the application of anyone of them to the defendant—none of them came into my possession, that I am aware of—I cannot tell whether I paid to my solicitors, on 4th November, 1868, a bank-note for 20l.—I very likely paid them 20l. that day—I was in the habit of paying them, with a view to clear myself, there is nothing discreditable in that—I pay them 30l. a month for the purpose of paying my debts—E. Ambler is a messenger in the victualling yard—he, and everybody in both yards, were paid through my office—I do not know the writing on the back of this bank-note (produced)—I do not remember to have seen his signature before—a person named Pembroke, a Government employee, was paid through my office—I should say that the writing on this note (produced) is his signature.
Q. Just look at this paper, I must not call it a bank note, and tell me whether you know anything about it? A. I do not see anything to recognize it by—I do not remember whether I paid Vizard's a 20l. note in November—they bank at the Union Bank, Chancery Lane—I cannot tell you whether I paid in a 20l. note—(Looking at the paper) no doubt I paid in bank notes to the credit of Messrs. Vizard, in November, to the amount you have indicated, and most likely I brought them from Deptford—they would be part of my salary, which was paid me monthly—before this charge was brought against Mr. Pinhorne, I was called upon by the Admiralty to give an explanation, and after I came up to town, I understand Mr. Pinhorne was called upon likewise—I was required by the Admiralty to give an explanation of the matter—I was informed that Mr. Pinhorne had stated to the Admiralty that I was in the habit of making use of money out of the Government chest occasionally—in October last I received a letter about these three accounts, calling for an explanation—I then went up to the Admiralty—I was required to appear before the learned Judge-Advocate of the Admiralty, your learned friend Mr. Huddleston, at his chambers, at Paper Buildings—I appeared before him once, and was there probably about an hour, he being attended by the solicitor to the Admiralty—I was in the waiting-room fully half an hour, and was with Mr. Huddleston and the solicitor half an hour—a Doctor Gregor was in receipt of payment from my office in the Admiralty—Wells was a person who used to pay money and receive money as agent to Mr. Eglinton; he was agent to the estate,
and received many rents—I was not present when Mr. Pinhorne was at Mr. Huddleaton's chambers; I know as a fact that he did go.
MR. HUDDLESTON. Q. The Admiralty directed an inquiry, with respect to the disappearance of this 600l. odd? A. Yes; a letter of application was sent to me, and I came to London, and gave an explanation—subsequently to that I was called upon to attend at your chambers, and the books were produced—I was directed to appear here as a witness—I understand that Mr. Pinhorne was also called upon to attend—upon that I gave an explanation—I understood that Mr. Pinhorne had been there—I believed he had—this is his writing (Read: "6, Regent's Terrace, Lewisham (undated). Sir. With reference to your letter of Saturday, I have been advised to allow Mr. Huddleston's report to go to the Lords of the Admiralty, being unaware what action their Lordships would take. Any other communication I shall be glad to receive at the above address, or at Mr. Hughes's, solicitor, Woolwich. To E. Brietzcke, Esq"—at the time I was examined, I learned that Pinhorne had been up to the Admiralty—I cannot say that I heard he had been before you—I had not heard at the time I was examined, that Pinhorne had stated that I had taken money from the Admiralty chest—it was not spoken of at all—it was after I was examined, that I heard he had made that statement about me—the prisoner had every opportunity of changing notes and coin for notes and coin in the chest—it was the easiest thing in the world to put in one note and take out another equivalent—a portion of my income is put by, to pay my creditors, but I have not mortgaged my pension—I am married, and have four sons and three daughters—the money I borrowed from the Sovereign Insurance Company is paid off—I had had all that money—it was the Sovereign where my friend borrowed part—it is all paid off, I believe—I put it in the hands of my solicitor, and the other sums are in his hands, in the course of liquidation—I never took any portion of the Government money for the purpose of paying my debts—I have had no application about the balance to the General London Bank—that is one of the sums my solicitor has to deal with—I made good the sum of 101l., which underwent investigation before Admiral Wilmot; I believe the prisoner received the money for that cheque—it bore my endorsement, and therefore I made it good—my firm belief is, that it was sent to the bank to be cashed—I did not hear the prisoner say who received the money for it—I was the first person who drew the attention of the Admiralty to it—Pinhorne's first expression was, that he must look up his friends, and the next day he said that he would find 50l. if I would find the remainder; that, of course, I declined to do, and said that if it did not turn out to be a clerical error I should report it officially, and I did so—Pinhorne had nothing to do with receiving money after that inquiry—at that time I had not heard the least about the embezzlement of these three sums—I never took any money out of the chest without putting in a cheque or memorandum, and I always called Pinhorne's attention to the fact—I may not always have done it viva voce, but it was in black and white, in the chest—there is no entry in the rough cash-book, in March, of "Gripper, 249l. 15s. 1d.," but it appears on 1st June; I do not believe that to be in my writing, but in the prisoner's—the 249l. 15s. 1d. is three items made up into one, 101l. 5s., 7l. 11s. 11d., and 140l. 18s. 2d.—here are Pinhorne's receipts for them (produced), which show that he received a portion in February, another portion on 7th March, and another portion in April—they ought to have been entered in the rough cash-book at the
time he received them, but they are not—they appear as received in June—the largest sum which I took from the cash cheat and put in my cheque for, was 50l. at the outside, and I always paid the sum at the end of the month, when I got my pay—I received my salary minus what I owed—it was in my own power to do that—I admit that it was an irregularity—the rough coin-book contains an account of the number of notes, sovereigns, half-sovereigns, and different kinds of coin, and the margin of it applies to all the leaves—that shows how much cash there was in the bank on any particular day, not what ought to be there, but what actually was there—Jeffrey would sometimes have Pinhorne's receipts to give for money which would come to the cash-box—I could have access to these vouchers, and could have received them, but I never received any of them—I put perfect confidence in the prisoner.
MR. SERJEANT SLEIGH. Q. Did you not hear that Pinhorne made that statement about taking money from the public chest when the inquiry went on about the 101l.? A. No, that was a distinct thing by itself—he was examined by Admiral Wilmot, as well as myself—I heard long before the subject matter of this inquiry was discovered, that Pinhorne had stated that I was in the habit of taking money from the public chest—I was present when he said so—he turned round on me, and made that statement—that was long before this matter was discovered—the average amount which passed through the office in a year was 100,000l.
Cross-examined. During the whole time I have known the defendant he has borne a good character, and was most punctual and regular in the performance of his duties—there was only myself, Mr. Pinhorne, and Mr. Brietzcke, to perform all the duties, with the exception of the writers—I do not remember any occasion when I forgot to make an entry in the rough cash-book at the time the money was received, and did not make it till subsequently—I made entries in the rough cash-book myself—I do not remember any occasion, when Mr. Pinhorne was in the office, that I merely received the money and handed it over to him—I have no recollection of receiving money and keeping it till Mr. Pinhorne came in, and handing it to him—it was not my duty, but Mr. Pinhorne's, to make entries in the fair cash-book—these receipts of 2nd June and 3rd July, 1868 (produced) are in my writing—having received that money it would not be my duty to make this entry—we never made entries of this kind of thing; it is money received from Mr. Gripper, the contractor—these receipts were given by me to Gripper for mill offal—it was Pinhorne's duty, most decidedly, to make the entry on my handing it to him—when I received money I entered it, except these running accounts—I find no entry at all of these amounts in the rough cash-book, but in the fair cash-book the 62l. 12s. 3d. is entered on September 8th, and the 107l. 12s. 3d. on 4th August, both of tfaem in the prisoner's writing—the reason they were not entered was that they were all running accounts—Gripper's accounts were all running accounts—the non-entry of them till September quarter would be because they were running accounts for that quarter, and there would be no voucher from the victualling yard, but the money was actually received—when the money was paid to me and I gave the receipt, I put it in a bag with a tally, and put it in a bowl on a shelf in the chest—that was the ordinary practice
when I received the money—the chest is built into the wall; you cannot get into it, it is not a room—when the money was placed there it was considered in Mr. Brietzcke's custody, decidedly.
Re-examined. We do not enter these things in the rough cash-book at all, because we only enter the things which are brought to account during the month—I was always ordered to do as I, did—I should not enter any of these sums—I put a tally on it, with a record of the name and amount, and that would be for the prisoner to bring to account, and both these sums are brought to account in his writing—there is no difference between these sums and the sums in the indictment; they were all running accounts too—there were no vouchers, or else I should have brought them to account—this "Gripper, 24l. 10s. 8d.,"is in my writing; Mr. Pinhorne received that and gave it to me with the voucher, on my taking the duty from him.
COURT. If the voucher is produced it ought to be entered in the rough cash-book? A. Yes, at once—when I speak of the voucher, I mean the document sent in from the store-keeper, Mr. Ede, but with respect to these two sums, I had no voucher, it was not in the office.
COURT to E. EDE. I understand you that at the end of each month you made out a list of all quantities supplied to the contractors? A. Yes—the statements I supplied are in the office books, but those of Gripper, and of another contractor, were paid only monthly, the statement was made out at the end of the month and I initialed it, that authorized him to receive the money from the contractor, he applied for payment and the contractor paid him, and the money was entered—before the money was paid by the contractor there must have been a statement sent to me and forwarded to the contractor, or I don't see how he could get it, these are 2nd June, and 3rd July, very near the time; I sent them in at the end of the month, and this is at the beginning—there is no reason for treating these sums differently to others, I should imagine that they were from monthly documents, they received them from time to time—that is not an account furnished by me, the contractor takes them away, and at the close of the month we get the total quantity—the contractor generally sent his clerk down to the office to compare his memorandum with the office books to see if there had been any disagreement between the Government and the con-tractor; this is bis document, not mine, and he is prepared to pay the same as soon as he is called upon.
MR. HUDDLESTON to G. JEFFREY. Were you subpoenaed here by the prisoner? A. Yes—we were friends in the office—I really mean to say that Gripper's were running accounts, all the accounts from the victualling yard were running accounts—I am not aware whether Gripper's was an account which was paid from month to month.
By MR. SERJEANT SLEIGH. I am still employed in the Admiralty—my friendship with the prisoner has been merely that which has been from my employment there—there is no further relationship or friendship.
C. E. GRIPPER (Re-examined). I should not call mine running accounts, I paid monthly.
MR. SERJEANT SLEIGH contended that there was no evidence to goto the Jury, the mere fact of the receipt of money and not accounting for it, did not constitute embezzlement, unless there was evidence to show that the prisoner had appropriated it to his own use, or had feloniously denied the receipt of it when called upon to account (See Russell on Crimes, "Embezzlement").
THE COURT considered that it was for the Jury to decide whether it was an act of carelessness or not. The prisoner received an excellent character.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. T. GOODMAN conducted the Prosecution; and MR. KELEY the
HBNRY WHITTY . I am a general dealer, and live at Sussex Place, Commercial Road—I am not a decorator or painter—I know the prisoner—I saw him about the middle of May—he asked me whether he could send me any varnish or dryers—I said I had no use for it—he said "I shall send them in" and I distinctly told him I should send them back if he did—Mr. Hobbs was present at the time—it was in the Brewery Tap, in the Old Kent Road, on 27th May—I never gave any orders to Mr. Bigsby for any such goods, and I never authorized the prisoner to do so—I never had any application for payment of any goods from Mr. Bigsby.
Cross-examined. I have had some transactions with the prisoner—I was going to open a shop as a confectioner and tobacconist, which he knew—he went with me to the landlord, and represented what I was going to open it an—I attend sales and buy anything—I did buy some varnish about the beginning of May—I had only known the prisoner a fortnights—he was introduced to me by a friend of his that I had the varnish from—I gave the prisoner some hoop rings to sell for me; nothing else—I went to Mr. Bigsby's to inquire after the rings, and he said they had been returned long ago—I did not ask him why the varnish had not come—the hoop rings were the only things the prisoner had to sell for me on commission—he kept them, and I never had them from that day to this—I refused to have the varnish—I did not ask him why it had not come in.
Re-examined. I had paid for the other varnish six or seven weeks before, and that transaction had been entirely closed—I knew the varnish was no use to me, and my refusal to take it was the last words I had with him.
JOSEPH HOBBS . I was in the Brewery Tap, in the Old Kent Road, on 27th May—I heard a conversation between the prisoner and Whitty about some varnish—the prisoner wanted an order, and Mr. Whitty said "It is no use sending it, I shall send it back."
Cross-examined. I was not examined before the Magistrate—it was a sort of friendly transaction—one said he would send the varnish, and the other said it was no use.
WILLIAM THOMAS BIGSBY . I am a varnish manufacturer, at Deptford—my son engaged the prisoner, as commercial traveller, on 7th March last—he brought an order on 27th May to my daughter—I had nothing to do with that part of the business.
WILLIAM BIGSBY . I am the son of the last witness—I engaged the prisoner about the commencement of March, entirely on commission—he was to receive 10 per cent, on orders which he took for vinegar and dryers—he brought this order on 27th May, for Mr. H. Whitty, decorator, 31, Mansion House Street, 1 cwt. of dryers, and some varnish, amounting to 5l. 10s., exclusive of packages, upon which no commission was payable—I went with the carman to deliver the goods, on 6th June—I found the
shop shut, and the house apparently empty—I received no answer—I waited a few minutes, and took the goods back again—when the prisoner called on 3rd June for the balance of his commission, I said that Mr. Whitty's order had not been delivered, but he had received the commission on it—the prisoner said "Yes, don't send the goods for a day or two, I will bring the fresh address of Mr. Whitty, 11, Sussex Place, Commercial Road, Peckham"—that was where I took the goods—he was paid 10s. commission on 27th May, the day he brought the order, and on 3rd June he was paid the balance, 18s., including Mr. Whitty's, and another order or two—11s. was due to him on Mr. Whittys order—he received 10s. on 27th May, and 1s. on 3rd June—Mr. Whitty called at my father's place on 13th June—the prisoner was not present.
Cross-examined. I remember when Mr. Whitty called; it was about some rings—he said he had called for a cheque for some rings—the prisoner had brought the rings in, and asked whether we could purchase them—I told Mr. Whitty that the prisoner had given an order for varnish for him, and he said he had never ordered the goods—it was customary to pay the prisoner every Saturday on orders brought in up to the Friday evening—he brought Mr. Whitty's order on Saturday, 27th May—he was not paid all the commission on that order, then—after the order was booked he asked if I would let him have some cash—he had overdrawn his commission at that time, and there was nothing due to him except the commission on Mr. Whitty's order—it was on the following Saturday the prisoner told me not to send the goods till he changed his address—I understood the order was to remain a day or two until he brought an amended address—the goods were sent on 6th June—I accompanied them—he gave me an amended address on the 5th, and I told him the goods should be sent in the next afternoon.
COURT. Q. Did he do business between 7th March and 27th May? A. Yes—he brought many orders—there was some difficulty in collecting the accounts—some weeks the prisoner took 2l.—I had paid him about 9l., the week ending 27th May—on the day he gave the order in he was 6s. 6d. in arrear.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. POLAND and HORACE BROWN conducted the Prosecution; and MR. STRAIGHT the Defence.
ALBERT MARTIN BUNYARD . I manage a tea shop of Mr. Coles's, at 105, Old Kent Road, which is also a recognized office for the London Parcels Delivery Company—this black bag was brought there on 22nd June, by the female prisoner, with this label on it—I communicated with Policeman M 82—I had previously received information—I unlocked the bag with a key of my own, and found it contained a broken packet of counterfeit half-crowns, and four or five, other packets—I replaced them in the bag, locked it, took it to the station, and gave it to M 82, and I then sent the bag off the same day to the address that was on it, "Miss H. Saint, Railway Station, Southdown, near Great Yarmouth, Suffolk," to be left till called for—I had seen
the female prisoner four or five times previously, bringing bags of a similar description.
HENRY SANDIFORD (Policeman M 82). On 2nd June, I was; called into Bunyard's shop, he there showed me this bag, with this label upon it—I saw the bag opened by him—it contained several packages of counterfeit coin—I took it to the station, and gave it to Pother.
ROBERT PBTHER (Detective, Officer M). I received this bag from Sandiford, I took it to Mr. Brannan the same night, the 22nd. and saw him mark it—I gave it to a constable, to take back to the receiving office, on 23rd—I went to Great Yarmouth that same day, and saw the bag at the railway station there, on the 24th—I communicated with the police there—on the following Tuesday I saw a person named Wilton come to the station—when he left I followed him about 200 yards, and then stopped him, and took him into custody—he was carrying this bag—it was opened by Inspector Berry, and contained thirty-three crown pieces, thirteen half-crowns, and one shilling.
CHARLES HOWARD SMITH . I am parcels clerk at the railway station, Great Yarmouth—this bag was brought down by train on 24th June—I delivered it on the 27th—the man I gave it to signed a receipt for it in my book—I know a Miss Saint, of Wymondham—I have seen her with the man who came for the bag.
Cross-examined. She is about twenty years of age; not a nice-looking lady. GEORGE BERRT. I am an inspector of police at Great Yarmouth—on 27th June, a man named Wilton was taken into custody as he was leaving the station—I took charge of the bag—I afterwards went to the post-office, and there received this letter from the post-master—I opened it—it contained a key that fitted the bag.
JAMES BRANNAN . I am employed by the Mint—on 22nd June this bog was shown to me, I marked it and directed it to be forwarded—on 26th June, I went to 14, Clarendon Street, Kent Street, Borough, accompanied by several officers—I had a search warrant—the prisoners were living there—the male prisoner had just got out of bed, the female was in bed, they were living together as man and wife; there were four children in an adjoining room, one daughter, Mary Ann, appeared to be 13 or 14—I addressed the male prisoner as Scotty, a name I knew him by, and told him my name was Brannan, and he was suspected of dealing with counterfeit coin, we had a search warrant, and he was entitled to have it read if he liked—he laid "All right, Mr. Brannan"—we searched the place, Inspector for produced a memorandum book—I found a blank label on a ledge in the outer room wherethe children were, I called Fox's attention to it, and the prisoner hearing he said "Oh, that is nothing, I bought dozens of them at a sale"—I said "I suppose I must not ask you where?—he made no reply—we did not take them into custody then, we found no counterfeit coin—I took possession or the label, it has on it, "W. Willis, bookseller and stationer, Great Dover Street, S.E."—the label on the bag has the same printed on it—on 8th July, between 5 and 6 in the morning, I went to the prisoners again—they were both in bed—Mr. Fox then held this bag in his hand—I said "You are suspected of having sent this bag to Great Yarmouth, containing 33 counterfeit crowns, 13 counterfeit half-crowns, and one counterfeit shilling, if your wife is not identified you will not be detained"—he replied "I know nothing about it," and pointing to his Wife, "You know nothing about it"—I had the label with me that I had previously found, I showed it to him again, and said "It corresponds with the label now attached to the bag"—he said
"Oh, that is nothing"—his daughter Mary Ann was there on that occasion, he followed me from the room, to where his children were in bed, and said "It is hardly decent for you men to be here where my daughter is, a great girl like that undressed, dress yourself, Polly"—they were taken into custody then—I have since endeavoured to find the daughter, but have not been able to do so—I believe the other children are still living there with the grandmother.
WILLIAM WILLIS . I am a stationer, at 59, Great Dover Street—I also keep a branch post-office—my house is about three minutes' walk from Clarendon Street—these are my labels, I sell them—I never sell them by public auction, I sell them by dozens, quarter of a hundred, and hundreds—I know the male prisoner, he has been to my shop principally to make deposits, or for money orders—I remember his coming last year, with his daughter, to make a deposit in the savings bank in the name of Mary Ann Pocknell, the girl wrote her signature in my presence—I believe the writing on this label to be hers.
Cross-examined. I saw her write two or three times.
ELIZABETH MARTHA SMITH , I live at 84, Chatham Street, Walworth—I am a teacher at St. Mary's, Southwark, Girl's School—I know Mary Ann Pocknell, she was in my school some years—I know her writing—I believe this label to be her writing.
MR. POLAND proposed to give evidence as to the writing on the letters, but THE RECORDER was of opinion it was not receivable at against the prisoners.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. KEBLE conducted the Prosecution; and MR. BOTTOMLEY the Defence.
WILHEIM VOSS . I am the mate of the ship Isabel—on 11th August, she was lying in the Lady Dock, Commercial Dock—I was in the cabin that day—the carpenter made a communication to me, and I missed my watch from my cabin on deck—it was worth 4l.—I had seen it safe a little while before I went down—I saw the prisoner on shore—I followed him with a shipmate, and gave him in custody.
Cross-examined. I charged him with stealing my watch—I did not see him with it—he was on shore when I saw him, about two ship's lengths away—he would have to pass another ship, the Joan of Arc, to get on shore to where he was—I had seen my watch five or ten minutes before, hanging up in the bunk—there were no ships outside us—I did not know the prisoner—there was a crew of seven on board—the captain was not there.
GERARD IMAR . I live at 26, Gael Street, and am a shipwright—on 11th August, I was on board the Isabel, at work—I saw the prisoner come out of the mate's room on deck—I sung out to the mate to come on deck to see if he had missed anything, and he came on deck directly, looked in his cabin, and said "My watch is gone"—I said "That is the man going ashore," and we pursued the prisoner—he went away as hard as he could, and we caught him afterwards—I am certain he is the man.
Cross-examined. I saw the prisoner first when he came out of the mate's room—I did not lose sight of him afterwards—when I called the mate, he
was going over the other ship's hull—I was only about 1 1/2 ft from the prisoner when he came out of the cabin—I did not see him go in—I saw nothing in his hands when he came out—we did not lose sight of him till we caught him—he went on board another vessel, and I went for an officer.
JOHN CHARLES FLOAT . I am potman at the Black Horse, Thames Street, Rotherhithe—on 11th August, about 10 or 10.15, I was taking the men's beer up to the Lady Dock—I saw the prisoner, and the last witness, and the prosecutor come up—I walked behind them—I saw a silver watch in the prisoner's hand—he threw it down the ship's hold—I said "What have you done with the watch?—the last witness fetched a constable.
Cross-examined. I saw the prosecutor and the last witness walk up to the prisoner—he was standing still at that time—they had not got hold of him—I told the constable the watch was down the hold, amongst the wheat, it couldn't be found—there were fire men working down in the hold—the mate was on board the ship when the watch was thrown down—two policemen and two dock officers went and searched the hold for about an hour—none of the men are here to-day—I did not go on board because I was frightened of being struck.
Re-examined. I am quite sure the prisoner threw the watch down amongst the wheat.
Cross-examined. I looked all over the ship—I went in the hold—I could not say that it was not in the wheat—I went all over the ship, reicept into the cabins.
GUILTY .— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
623. HENRY EDWARDS (21) , Unlawfully obtaining by means of false pretences, from John Alfred Huxtable, four cases of preserved meat, and a quantity of biscuits, from James Ham, with intent to defraud; and JEREMIAH CLARK (34) , receiving the same, well knowing them to have been obtained by false pretences.
Mr. T. GOODMAN conducted the Prosecution; and MR. KALLY defended
BERNARD FENTON . I am clerk to Mr. John Alfred Huxtable, London agent to the Victoria Meat Preserving Company—on 23rd June, Edwards came to the office with this order—(Read: "June 23rd, 1871. Mr. Huxtable. Please deliver to bearer two cases of mutton, without bone, two cases of beef, and two cases of corn beef, William Hird")—I gave the prisoner this order, signed by Francis Marshall, a gentleman in the office, to obtain those goods from Messrs. Chaplin and Horne's, Hambro' Wharf, Upper Thames Street, where the goods are stored (Read: "24, Lawrence Pountney Lane, 23rd June, '71. Mr. Mead. Please deliver to bearer, two cases of mutton, two of fresh beef, formal order will follow in the course of the afternoon, yours faithfully, Francis Marshall." "Received four cases as per order, W. Hird, R. Jones.") We had a customer of the name of Hird, whom we did business with—I went to a house and saw the four cases which have contained preserved meat belonging to our Company—they held 96lbs. each, and were worth about 10l.—I heard that the prisoner had obtained four, instead of six—I ordered two to be sent to Messrs. Hird and Company, and they refused to take them in.
Cross-examined. We deal largely in their preserved meat.
HENRY COX . I am a carman, at 35, Compton Street, Clerkenwell—on 23rd June I went with Edwards to Lawrence Pountney Lane, and then to the wharf—I had a horse and cart—we got four boxes of meat at Chaplin & Horne's—we then went down to Greenwich, to a house there—I don't know what name was over the door, I can't read—Clark came out and took the goods in—it was a private house—on 3rd July Edwards engaged me again—I went to Tooley Street and fetched 10 cwt. of biscuits—I asked him where they were to go to—he said very likely they were to go to Holborn, he could not tell me till he got his invoice—he afterwards said they were to go to Greenwich, and I asked if they were to go to the same place as the others, and he said "Yes"—Edwards carried them in—I saw no one else but two women on that occasion.
Cross-examined. Clark was there on the first occasion; not on the second.
ROBERT PALMER . I am in the employment of Messrs. Hird & Co., provision merchants, 69, Fore Street—this is not one of our bill-heads—I do not know of any order being given on 23rd June for any meat by Hird & Co.—this is not their signature—the signature "Jones" is not written by anyone in their employment.
JAMES HAM . I am book-keeper to Edmund Welham & Co., of Henry Street, Bermondsey, dog biscuit manufacturers—on 3rd July, Edwards came and produced this order from Mr. Living, who has been a customer of ours for the last four or five months—in consequence of that I gave an order on our warehouse for 10 cwt. of biscuits, and he obtained them upon that order—I saw the prisoner pass the window afterwards, with the biscuits—we have never been paid for them—I know nothing about the signature "Jones" on the receipt.
EDWIN LIVING . I am a wax chandler, at 1, Chancery Lane—this is not one of my orders—we had not printed orders, all our orders are written—this order was not given by me—I know nothing about the signature "Jones" on the front—I did not give any order for biscuits on that date, nor have I paid for any.
NETHERSOLE (Policeman G R 8). I apprehended Ed wards on 29th July, for being concerned with Clark in obtaining, on 23rd July, four cases of potted meat from Huxtable, and on 3rd July 10 cwt. of dog biscuit—he was taken to Old Street, first of all—he said his name was Tucker—he was then taken to Bermondsey police-station, where he was identified by Mr. Ham.
RICHARD ALLDAY (Detective Officer G). From information I received, I went to the house of the prisoner Clark, at 4, Church Road, Greenwich, on 6th July—it is a private house—the name of Jeremiah Clark, carpenter and cabinet-maker, is over the door—I saw a female there—she went and fetched a key, and opened the prisoner's workshop, and there I saw ten sacks of biscuits—the prisoner came there about 12 o'clock—I asked him if his name was Clark, and he said it was—I told him I was a police officer, and I asked him if he had purchased any biscuits—he said he had, of a man named Tucker, living in Bermondsey, but he did not know where—I asked whether he had got any invoice or receipt—he said he had not, he was going to give 16s. a cwt.—he said he had not paid for them, and he had been out that morning to see the value of them—I told him I should take him for being concerned with another man in obtaining goods by
forged orders, and he was taken by Detective Short, who was with me, to the station—I found four cases just outside the back door, and they have been identified by Cox and Fenton.
Cross-examined. The premises were locked up, but the female produced the key at once—Clark called on the 7th of this month, and saw Inspector Dunton at the station—I was not there—he left a paper with an address, and asked that the policeman might go and see if be could find Mr. Tucker—I went to Lewisham, but could find no Mr. Tucker—I told the prisoner I believed Tucker was in custody, and he said "Is he?"—I said "Is there any man except one in this transaction?" and he said "No"—he was remanded for a week, and was out on his own recognizance afterwards—he was twice out on bail—I don't know that he is a general dealer as well as a carpenter and cabinet-maker.
CLARK received a good character.
GUILTY — Five Years' Penal Servitude.
EDWARDS— GUILTY — Five Years' Penal Servitude.
Before Mr. Justice Montagu Smith.
Ordered to be detained till Her Majesty's pleasure be known.
The following case should have appeared in the Old Court, Tuesday, page 334.
ADJOURNED TO MONDAY, 18TH SEPTEMBER 1871.