CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 23RD, 1871.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
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, October 23rd, 1871, and following days,
BEFORE THE RIGHT HON. THOMAS DAKIN, LORD MAYOR of the City of London; Sir JOHN MELLOR , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir GILLERT PIGOTT, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir DAVID SALOMONS , Bart., M.P.; THOMAS QUESTED FINNIS, Esq., WARREN STORMES HALE, Esq., Sir BENJAMIN SAMUEL PHILLIPS , Knt., WILLIAM FERNELEY ALLEN, Esq., and CHARLES WHETHAM , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
DAKIN, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they 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, October 23rd, 1871.
Before Mr. Common Serjeant (acting as Deputy-Recorder).
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
705. HENRY ERNEST BARTHOLOMEW, ARTHUR WALKER, HENRY BEER, FREDERICK GREEN, THOMAS JONES, FRANCIS JAMES ACRES, CHARLES GALLOWAY, CHARLES GALLOWAY, JUN ., and CHARLES BISHOP were indicted for a forcible entry, riot, and assault.
RICHMOND HIGGINBOTHAM TUCKER . I am a dentist, of 127, Westbourne Grove—I rent a portion of the basement and the upper portion of the house, at 60l. a year—last November I hired some furniture of Bartholomew, who is an upholsterer, at 7, Westbourne Grove—I signed this agreement, marked "A," and gave an acceptance for 25l. 12s. 6d., at three months—when that became due, I paid 15l. on account—he subsequently lent me 15l., and I signed this paper, marked "B"—I received this letter, marked "C"—he subsequently threatened to take the goods away—on 4th August some men came to my house—they took up my carpets, and put them in a van—while doing this, Bartholomew came up, and I had a conversation with him—a solicitor came up, and said that Mr. Bartholomew was not justified in doing what he was doing; and there was an agreement made that I should give an acceptance of a friend, Major Gray, at one month, to complete the 25l. for the hire of the furniture—10l. was due at that time—upon that, the carpets and other goods were put back again—Major Gray went with me to Bartholomew, and I left the acceptance with Acres, Mr. Bartholomew's managing man—I afterwards received this letter, marked "D" (read)—on 14th August, about 8.30 in the morning, I heard a noise, went down, and found that all the things had been taken out of the drawing-room—it was
the rattling of the stair-rods near my bedroom that awoke me—I found several men of Mr. Bartholomew's, several of the prisoners—I went to the station, and when I came back, they were gone—to the best of my belief, this authority to remove the goods, marked "E," is Bartholomew's writing—that was given to Mr. Vincent, my solicitor's clerk—they had removed the goods that belonged to Bartholomew, but they had not room to take away the goods that belonged to me—Jones and Walker were there—Mr. Vincent came and had some conversation with them, and about 2 o'clock in the day Acres came, and withdrew all the men—during the evening, in consequence of information from a person named Graham, I had the chain put up on the front door, and bolted it, and the drawing-room window was bolted—there were no shutters, merely a spring bolt—at that time, my man-servant Rumley, my wife, and family, were in the house—about 9 o'clock I heard a great noise in the street, crowds collected, and we heard shouting, and a few minutes afterwards two men fell into the room, through the window, followed by two others—I made a rush at the men, to try to keep them back, when two or three men followed immediately after them, up a ladder, which was placed at the window—Beer was one, and Green; and I think Walker, or Jones; I am not quite certain which—I had a sword lying in its scabbard, on the ottoman—it was there quite accidentally—it had been knocking about the house in one place and another—Spooner followed up the ladder—Beer made a grab at the sword, and Rumley also made a grab at it—he caught hold of the sheath, and Beer of the handle—the sword came out—Beer flourished it about in a most extraordinary manner—I got a clip on my temple—I succeeded in warding off a slight gash, but I got a second in my hand—Spooner came to my assistance, and Beer tackled him, and wounded him very severely, and he had to be sent to the hospital—they rolled from the top of the stairs to the bottom—I rushed down to see if I could get the police to assist me—I managed to take the sword from Beer, and handed it to the police, and Beer then made his escape—the front door was opened, and then in they poured, and we were attacked both ways—Bartholomew, I believe, got into the passage—he was taken by the police—my drawing-room floor was spotted all over with blood, and on the stairs, and everywhere—I recognize the whole of the defendants as being with Bartholomew on and off during the day—Beer and Green were in the room, and either Walker or Jones.
Cross-examined by MR. BESLEY. I was insolvent at Liverpool in 1861—I won't say it was not for 500l.—the claimants got nothing at the time, but most of them have been paid since—I was also insolvent in 1867 or 1868, for about 300l.; that was principally to lawyers—I paid nothing—I have had five County Court summonses against me for 1l. or 2l. each—I knew nothing of Bartholomew before November, 1870—I took the upper and lower part of the house from Mr. Masson, a tobacconist, from September, 1870—I took it by the year, payable quarterly; I paid the first quarter's rent the day before it was due—at Lady-day I paid 10l. out of the 15l. two or three days after it was due, and the other 5l. directly afterwards—I did not pay the Midsummer quarter, as Masson had made up his mind to abscond, which he did afterwards—I borrowed 5l. of Bartholomew at the Lady-day quarter, which I paid him back next day—I did not borrow 15l. to pay the Midsummer quarter—that quarter's rent was paid by Bartholomew—I had undertaken to keep the rent paid so as to protect the furniture—I never read the agreement through—I knew that the furniture
was not to be mine until I had paid for it—I had it on hire with the option of buying it—I understand that the drawing-room hearth-rugs were pawned—I did not have the tickets, I got them from my wife—I sent the money, and redeemed them—I accepted a bill payable at a bank where I had no account—it was not on that bill that I obtained possession of the furniture on hire; I gave a guarantee, besides, to Bartholomew, that the rent should be paid; I did not go to the bank manager to ask him to let me do it—I was told it was the usual way of drawing up an acceptance—it was not dishonoured—I went to Mr. Bartholomew, and gave him the money before-hand to take it up—there was another bill for 25l., which he gave me the money to take up; that was made payable at my house—I paid 15l. in cash on account of the two bills, and Major Gray's guarantee for 10l.—I paid 10l. on account of the first acceptance—the second was paid by Mr. Bartholomew at the time, but I think the next day I gave him 5l.—all the money he has had for the hire of the furniture was 15l.—in July 1871 I was in the hands of two County Court bailiffs—I begged them to take me to Mr. Bartholomew's, and I asked him to advance me the money, and he lent me 15l.—I told him I would give him a memorandum letting him hold the furniture that I had in the house—I don't complain of the first entry in the morning—no one was guilty of any violence towards Bartholomew's men—they were not withdrawn in consequence of the violence of my party—I had men there to outnumber them, with the sanction of the superintendent of police, to see that there was no breach of the peace—the sword was not up in the bedroom at that time—I did not say I would get my sword, nor did Vincent advise me not to get it—I did not see one of my men use this piece of iron; that was wrenched out of my hand, I think by Walker; it is a piece of iron belonging to my operating chair, and when the chair was being removed I picked this up to prevent its being lost—I did not attempt to use it—I had it in my hand in the morning, not in the evening—I was in the drawing-room when the window was opened, and Bumley also—neither of us attempted to use the sword against the men who were coming in at the window—one of the men, I can't say which, had a screw-driver—I believe that was what the catch was forced back with—it is a sash window—it was fastened—it was opened by Beer or Green, who were the two first persons that came up—Mr. Vincent is clerk to Mr. Porter, a solicitor, who acted for me at the Police Court—I have not required money to be paid to me to forego this prosecution; I swear that—Acres was discharged by the Magistrate—he was not identified; I did not wish to identify him, I wished him to get free—I am still living at the house, and have the same property that I gave security for.
JOHN WILLIAM GRAHAM . I live at 6, Westbourne Park Place, Paddington, and am brother-in-law of the prosecutor—about 7.30 on this night I saw Bartholomew and Acres outside the prosecutor's house—I and Vincent had a conversation with them—I showed Bartholomew the paper marked "E," the authority to enter, and asked if it was his signature—he said it was, and that he had authorized the proceeding—he asked us to go to an hotel with him—we led him to believe we would, but suspecting he had an object in taking us away, I went back to the house and told them that the raid which they had expected was about to take place—I heard Bartholomew, as he was passing in, say to some men, "Don't know me;" or "don't notice me, but get in;" or words to that effect—I saw a number of men coming towards the prosecutor's house—at one time there was a very great
crowd; they tried to force the door, but it was shut and bolted—I recognize Beer and Walker, Galloway and Jones, as being there when the attempt was made to force the door—I had seen Acres a few minutes previously with Bartholomew during the conversation I have just mentioned—I heard Bartholomew say, "Fetch the ladder"—a ladder was brought—at that time I should think there were 800 people there—the ladder was placed against the house, and I saw four men go up—Beer was one—there was a pause at the window, and I heard the window go up, and they went in—the ladder was then taken down by the crowd, and broken—there was then a rush at the hall door—Bartholomew was the foremost one—he struck me, and tore my coat—he was immediately taken into custody—I saw Walker push the door, and he struck me—when I afterwards went into the house I found the banisters broken, and blood in the hall, and all up the stairs—the place was utterly wrecked, the lamps broken, and the place covered with blood.
Cross-examined. The assault was the matter I went before the Magistrate upon—the Magistrate did not say he should dismiss it; he suggested to the attorney that I should withdraw the claim, so that Bartholomew should be included in the indictment—I did not employ six or twelve men in the afternoon—I heard that Mr. Vincent paid them—I don't know how many there were—they were not roughs—they were tradesmen; working men—before these men were employed I had not resisted the removal of an ottoman from the house—Vincent had—I was present—I heard Vincent tell Acres if he attempted to remove the goods, which did not belong to Mr. Bartholomew, he would be resisted—I did not see any attempt to remove the ottoman, it was too large to move—after the resistance was made, Acres said he would withdraw the men—I did not strike Bartholomew—I was not guilty of any violence whatever—I was outside the house when the entry was made—I don't know whether our party took away the ladder and broke it; it was the crowd—I assisted in removing the ladder; it was broken in the struggle—I am agent for a gentleman of property, to look after his property and attend to his business generally—I, have been-in a spirit business, that failed—I have known the prosecutor fourteen years—I have not been living with him.
THOMAS SPOONER . I am a French polisher, of 17, Lonsdale Road, West-bourne Grove—on 14th August, about 12 o'clock at noon, I was called to the prosecutor's house, and saw Galloway, jun., and Walker up stairs, removing things—they left before 2 o'clock—I remained with some others, to prevent their re-entering—I looked out of the drawing-room window—Galloway beckoned to me—I went out, and we had a glass of ale together, at the Princess Royal—I there saw Jones, and a man named Vidler—Jones asked if I would lend them a hand to get the things out—I made no answer, I lit my pipe—Jones said they were going to get the things away at night-time, from 8.30 to 9 o'clock, and they were going to get Head's ladder—I went and gave information to Mr. Vincent—about 9.30 I was at the public-house—we came out, and went over to the place—I saw the ladder there, and it was raised—Bartholomew had a white handkerchief over his hat—he said "Now, my men, go up"—upon that they went up—one went up first; he could not open the window—Beer and Green went up after him—I saw them on the balcony, and they shifted back the latch of the window—they got the window open, and got inside—I went up, and three or four went up after me—when I got up I received a cut on the eye from a sword,
which Beer had—I took off my coat, and sprang on him—we struggled on to the landing, and fell down stairs—the police came, and I was taken to the hospital—I was cut, and my right shoulder was hurt—I should reckon that about thirty or forty persons were engaged in the attack—I believe Bishop was there, but I did not see him go up the ladder—next morning I went to Bartholomew's shop, in search of Beer—I saw Acres there, and Bishop, Green, and Jones—they told Acres they wanted settling with for what they had done last night—we afterwards went to a public-house, and I saw Jones pay Green, 6s. 6d., and the other two, 7s. 6d.—I got nothing.
Cross-examined. Vincent paid me 7s. 6d.—I went up the ladder to prevent the things from coming out—I was about the fifth that went up—I was not struck on the head by Mr. Tucker, with this piece of iron; it was Beer that struck me, with the sword—I did not see Mr. Tucker there at all—I think about nine or eleven of us were paid by Vincent—I saw the window raised; it was unfastened with something or other—I saw both their hands against the window, as if to force the catch back—I can't say what they had in their hands—they forced the catch back, and then raised the window—I did not see any weapon in the hands of any of the men that went up the ladder.
ALFRED RUMLEY . I am servant to the prosecutor—I was in the house about 9 o'clock this evening—I saw the doors and windows fastened—there was nobody there at that time but my master's family—I was in the drawing-room—I saw Beer and Green come through the window—my master sprang on Beer, I turned my attention to Green—there was a great noise outside—Beer snatched up a sword that was lying on an ottoman in the middle of the room—I tried to get it from him—I got the scabbard—my master then tried to wrest the sword from him—Beer made a pass at his head with the sword; my master pat his arm up, and received a blow in the hand—Green crept round behind him, with something in his hand—I believe it was a screw-driver—I thought he was going to strike him, and I rushed on him, and struck him with the scabbard—I then saw Spooner and Jones enter the room—Spooner rushed on Beer; they wrestled, and both went through the door, and down the stairs—I saw Beer take the sword, with the blade dagger-fashion, and stab Spooner in the breast, as I thought, on the stairs—I went down, to assist my master, and keep the men out—I saw Jones there, and I saw Acres outside, standing among the crowd—I did not see him do anything—I could not swear to any of the others.
Cross-examined. I was summoned for assaulting Green—I did not hear my master say that day that he would have the sword down from up stairs—I did not hear Vincent say "You had better not have the sword"—I was in the room when it was entered—I did not turn out the gas; I believe it was turned out; I don't know who did it—I heard some one call out "Turn-out the gas"—that was when the first man made his appearance at the window—none of the eleven men who were paid by Vincent were in the house at that time—they were there at 2 o'clock, and resisted the removal of the ottoman—there were nine or ten there, then—I can't say how long they remained, I was asleep, and was not well—I did not see Mr. Vincent at 2 o'clock; he was not in the room at night when the window was raised—my master did not strike Spooner, my master had not the sword in his hand—I had seen the sword on the ottoman a few minutes before; I can't say how it came there, it was all about the house, sometimes in one place sometimes in another.
Re-examined. Green did not appear against me for the assault.
SAMUEL DOLPHIN (Police Sergeant X R 3). I was present on this occasion—I saw a ladder placed against a wall—I saw Beer and Green on the ladder, going up to the window—I saw Bartholomew assault Mr. Graham outside the house when the door was open—I was shoved into the passage, and knocked down—I saw Beer on the stairs, inside, with a sword in his hand.
Cross-examined. I saw Spooner go up the ladder, behind Beer, as if he was one of the party—the window was raised previous to that—I saw them enter the house.
REUBEN WEST . I live at 25, Cornwall Road, Netting Hill—I was out-side the prosecutor's house about 9 o'clock on the evening in question, a van drove up—I was stationed there to prevent their coming in—Beer and Green came up in the van—I saw Bartholomew and a lot more men on the pavement—I heard Bartholomew, when he could not get in at the door, say "Now for the ladder"—they tried to raise the ladder, I tried to prevent it—Beer struck me two or three times in the chest, and Bartholomew struck me repeatedly, and threatened to break my arm because I would not leave go of the ladder—they ultimately raised the ladder, and Beer and Green and Jones went up—they opened the window, forced it up from the bottom—I heard a cry of "Help!" and "Murder!"—I saw Walker and Galloway outside, and I saw Bartholomew forcing his way into the passage.
Cross-examined. Mr. Vincent paid me 7s. 6d.—I was not instructed to resist with as much force as I could—I was to resist taking away the furniture—I saw Mr. Tucker rush down four stairs with a drawn sword in his hand.
BARTHOLOMEW— GUILTY — Fined 20l.
BEER— GUILTY — One Months' Imprisonment.
GREEN, WALKER, and JONES— GUILTY — To enter into their own recognizances in 10l. each, to appear and receive judgment if called upon. The other five defendants were acquitted .
MR. BESLEY conducted the Prosecution.
ROBERT PACKMAN (City Detective Sergeant). In consequence of instructions I received, I watched the prisoner—I knew him as driving a horse, and he usually carted leather for Messrs. Mortimer—they use the yard No. 3, St. Mary Axe—it is the yard of Warren & Co., the prosecutors, who also occupy a portion of the yard—they are in the provision trade—in company with another officer, on the afternoon of 12th September, I saw the prisoner—he was then about twenty yards from Warren's warehouse, going towards Leadenhall Street, driving his horse and van—I followed him to Bermondsey Street—I saw him go under one of the railway arches—he stopped and removed his van; it was apparently empty, except some straw in the front part, and a tarpaulin—he shifted some straw, and I saw him roll a large box from the front of the van to the back—it was covered over with some straw and some matting—he then drove on again as far as Bermondsey New Road—he then went into a public-house—I called him
out—he appeared to meet some person, and they had some conversation—when he came outside, T said "We are two police-officers; does this van belong to you?"—he said "It does"—I said "Who are you employed by?"—he said "Principally by Mr. Mortimer, leather-merchant, 3, St. Mary Axe"—I said "What hare you got in your van now?"—he said "Nothing except straw and tarpaulin"—I said "I must look and see what you have"—I lifted the straw from the hind part of the van, and said "Here are three large parcels; what are these?"—he said "Yes, I know they are there"—I said "But where are you going to take them to?"—he said "To a person named Joseph Hawley, of John Street, in the immediate neighbourhood"—I said "Who told you to take them there?"—he said "I don't know?"—I asked where he got them from—he said he did not know how they came in the van—I asked who told him to take them to Hawley—he said "I don't know"—I said "Have you taken any to Joseph Hawley, before?"—he said "Yes, on one occasion"—I said "When?"—he said "Last night; one parcel contained a side of bacon, cut in halves, weighing 51lbs., a firkin of butter, and a large American cheese-box, full of butter, altogether weighing 157lbs."—a small parcel of butter, about a pound and a half, was also found in the van, done up separately in a cloth—in a room occupied by the prisoner I found a bladder of lard and some tubs or cheese-boxes, which have been identified by the prosecutor—Hawley was discharged by the Magistrate—I found 2l. 15s. 8 1/2 d. on the prisoner—the whole of the property found was shown to the prosecutor.
WILLIAM OSBORN (City Policeman 711). At 9 o'clock, on the morning of 12th September, I was watching the place, and I saw the prisoner drive a van into the yard—there was then a tarpaulin rolled up in front of the van, and a little loose straw, about an armful, lying spread out on the floor of the van—he left the van there, and went out to a public-house, about 11 o'clock—he went out with two of Warren's workmen to the George public-house, St. Mary Axe—the men went back—he then went on to the Lamb public-house, at Leaden hall Market, and there met Joseph Hawley—he then returned to the yard about 2 o'clock—he remained there till about 2.40; the tarpaulin was then unrolled, and there was a large quantity of straw bulging this through the sides, and the prisoner was sitting on the front rails, driving—I went with Packman, and was with him all the time.
CHARLES MAY . I am clerk to Messrs. Warren & Co., provision merchants—on 12th September I saw the prisoner with a van, in the yard—he backed the van into a recess, at the top of the yard—I saw him go to the side of the van and put some straw there—shortly after that I saw one of Messrs. Warren's men come out from the loop-hole, the place where they load and unload vans; that was some twenty yards from the van—he was carrying a large cheese-box, exactly resembling this—he took it into the recess, on the other side of the van—the prisoner was not there then; he came there after him, almost instantaneously—I then saw the man come back with an empty box, quite different to that I had seen him carrying—I spoke to Mr. Bodle, the manager—I examined the stock afterwards—the boxes and packages were similar to those we have in stock.
EDWARD BODLE . I carry on business under the name of Warren & Co., of 3, St. Mary Axe—I have seen the property found in the van; it is ours, and the packages are exactly the same as those in our stock—I had given no authority to anyone to hand it over to the prisoner—the total value is
about 12l. to 15l.—I have seen the property found at the prisoner's lodgings; it is exactly similar to mine.
Prisoner's Defence. "It was put in my van at a time I was out of the way.
GUILTY.Recommended to mercy on account of his age.— Twelve Months' Imprisonment .
The following prisoners PLEADED GUILTY.—
707. OWEN PULLEN (25) , to feloniously forging and uttering an acceptance to a Bill of Exchange for 195l. 10s., with intent to defraud.— [Pleaded guilty. See original trial image.]Recommended to mercy by the prosecutor — Four Months' Imprisonment .
708. CONRAD HENRY BAMBERGER (14) , to feloniously forging and uttering an order for 17l. 16s. 4d. with intent to defraud.— The prisoner received a good character, and his father undertook to send him to a relative in Germany— [Pleaded guilty. See original trial image.] One Month's Imprisonment .
711. SARAH COOMBES (34) , to stealing 22 yards of satin, and other goods, of John Smith and another, her masters.— [Pleaded guilty. See original trial image.]She was recommended to mercy by the prosecutor, and received a good character — Four Months' Imprisonment .
NEW COURT.—Monday, October 23rd, 1871.
Before Robert Malcolm Kerr, Esq.
MR. F. H. LEWIS conducted the Prosecution.
SIR WILLIAM HENRY BODKIN, KNT . I reside at West Hill, High gate—I am Assistant-Judge at the Middlesex Sessions—the male prisoner has been in my service about twenty years, as under gardener—on 1st October, last year, I left my gold watch, chain, and locket, on my breakfast-table—I missed them on my return—the window of the room communicates with the garden—I next heard of my watch on 13th September, from the police—this is my watch and chain—there has been an attempt, to erase the crest from the watch—the watch, chain, and locket, were worth between 30l. and 40l.—I valued the locket, as it contained a miniature.
Prisoner. I never was in the front of the house that morning at work. Witness. I did not see him at work that morning; he could, in the course of his employment, have had access to the room, if he wished it—I think the door was left open.
GEORGE BAILEY . I am head gardener to Sir William Bodkin—on 1st October, the prisoner told me of the loss of the watch and chain in the morning, about half-an-hour after it was lost—the prisoner was on the premises that morning.
Prisoner. I am innocent of stealing it; Bailey never saw me.
GEORGE BERGE . I am shopman to Mr. Rowley, a pawnbroker, of High Street, Camden Town—on 13th September, this year, this watch was brought to my master's shop by the prisoner—he wanted to know if I would exchange a gold watch for a silver one, and said he would call again on the 16th, which he did, and brought the gold one with him—I noticed that there had been a crest on it, and questioned him as to how he came in possession of it—he said his father had given it to him four years ago—I told
him I did not believe it, and I should detain it, and he was to call in the evening—Mr. Rowley came home during that time, and after a conversation with him I handed the prisoner a silver watch, and communicated with the police, and wrote to the makers of the watch.
JOHN WESTLAKE (Police Inspector Y). From information I received I called on the male prisoner on 19th September—I said "Stevens, I want to have a little talk with you respecting a gold watch that Sir William Bodkin lost about twelve months since"—he said "What about it, I recollect it very well"—I said "Very well, then, Stevens, in the first place give me the silver watch that you received of a pawnbroker in exchange for a gold one"—he then said "You seem to know all about it, I will make a clean breast of it; I did not steal the watch, I found it in the shrubbery six weeks after it was lost; I could not have stolen it, for the morning it was lost I was at work at Farquhar House"—he then called up to his wife and said "Bring down the watch"—she brought down the watch—I said "How about the chain and locket, what has become of them—he said "She sold them; she got 1l. 15s. for the chain, and 8s. for the locket"—I afterwards made some inquiries, and found that the locket was sold to a pawnbroker at Kentish Town, for 8s.—it was very much bent, and had been sold to a dealer, and the chain had been sold to another pawnbroker.
Jeremiah Stevens's Defence. Be as easy as you can, it is the first time I did anything wrong; my wife does not know anything at all about it.
JEREMIAH— GUILTY—Recommended to mercy by the Jury on account of his long servitude with the Prosecutor — Twelve Months' Imprisonment .
CHAR-LOTTE— NOT GUILTY .
MESSRS. COLERIDGE and ST. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH appeared for William Williams, and MR. W. GOODMAN for Mary Williams.
JAMES BRANNAN . I am an officer employed by the Mint authorities—on 13th October, in consequence of information, I went to Canterbury Place, Highbury Vale, with other officers, about 7 o'clock in the morning—the street-door was forced by my directions—we proceeded to the first floor front room—that door was also forced—I found both prisoners in bed—I addressed the male prisoner as Scarborough—I told him my name was Brannan—I said to the female "What shall I call you?"—she said "Scarborough or McLaren"—I said "I came here by the direction of the Solicitor to the Treasury; I have a search warrant and will read it to you if you think proper"—he said "Never mind, Mr. Brannan, you will find all you want in that room," pointing to where we found the things—we forced that open—the room was fitted as a factory, nothing there but implements for coining to a very large extent, and very complete—I produce those things—amongst a number of moulds we found was one treble mould for sixpences—we also found the pattern piece from which the impression was made on the mantel-shelf—we found numerous wire ladders which had been dipped in solution—they are used while the counterfeit coin is undergoing the process of colouring and coating—there are treble moulds for making shillings, double moulds for making florins, two double moulds for half-crowns, and one for florins, files, galvanic batteries, plates, granulated metal, antimony, several ladles with white metal in them, and other instruments
for coating—there were some porous pots, and a quantity of copper wire which had been employed in solution, and a quantity of implements for colouring, and coating, and making plaster of Paris—nineteen good pieces of money were handed to me by Inspector Rutt, which have all been used a pattern pieces—on the way to the station the male prisoner said "I suppose it will go hard with me, they will give me a ride for this I hope you will be dead when I come back, and a piece of lead under your back"—when at the station the whole of the counterfeit coin, and the good money was placed on the table, and the female prisoner said "Mr. Brannan, I will save you all the trouble, I will pick out the pattern-pieces that we used; I don't intend to give you any unnecessary trouble"—132 farthings were found at the prisoner's place—in a purse which was taken out of the female prisoner's dress pocket we found two counterfeit sixpences, which correspond in date with the pattern-piece—the farthings are filed down, and after a process of colouring and coating they are circulated as sixpences.
Cross-examined by MR. SLEIGH. We took two sledge hammers with us—the key which opened the back room door was found by Inspector Bryant in the prisoner's trowsers pocket, and he said it would open the door—I did not apply that key to the front door—I could not swear that there was a key in the bedroom door—the prisoners were in bed—the male prisoner did not go to the station quietly; I don't know that I ever had to deal with a more violent man—I did not break open the back door with a sledge hammer—Inspector Butt broke it open with his shoulder—the prisoner did not say he had a lodger named Harrison—I did not hear anything said about a lodger till the remand at the Police Court, and no name was given then.
BENJAMIN BRYANT (Police Inspector G). I went with Brannan and other officers to the prisoner's house—the door was forced open—I heard Brannan address them about the warrant—I was there part of the time, and in the other room part of the time—I found a door key in the male prisoner's trowsers pocket—I asked him what key it was, and he said it was the key of the room where the things were found—I tried it, and it fitted the lock—I found another key in the drawers in the room where they were sleeping; it fitted the street door—I found 17l. 10s. in gold in the male prisoners pocket, 1l. 4s. in silver, and 10 3/4 d. in copper—I also found a rent-book, which he said was his, in the name of Williams—I helped to take the prisoners to the station—I heard the female prisoner say "I don't wish to give you any unnecessary trouble; I will point out the pattern pieces"—there was a good deal of good money on the table at that time—she selected a sixpence and other pieces, and said "Those pieces have been in plaster"—there were six half-crowns, two florins, eight shillings, and two sixpences.
Cross-examined by MR. SLEIGH. I did not try the key in the door of the front room.
Cross-examined by MR. GOODMAN. I am sure the female prisoner did not say that she wished to pick out her own pieces of money.
JAMES BRANNAN (Re-examined). The exact words the woman used were: "Mr. Brannan, I don't wish to give you any unnecessary trouble; I will pick you out the pattern pieces that were used"—I will swear she did not say "I wish to pick out the pieces of money that belong to me."
ROBERT GOLBEY (Detective Officer G). I went with Brannan, and searched a gown which was at the foot of the bed, where the prisoners were—I found a purse containing 3s. 6d. in good money, 4d. in copper, and two counterfeit sixpences, in paper—on the way from the station to the Police Court
the male prisoner said "This is not my wife; she has brought me into all this; I wonder where they will send me to this time, the last time was at Gibraltar."
ANTHONY RUTT (Police Inspector N). I was one of the party on this occasion—I broke open the door of the back room—at the station the female said "I won't give you any more trouble; these are the pattern pieces, Mr. Brannan; I shall pick them out one at a time."
Cross-examined by MR. SLEIGH. I took the daughter in custody; she was sleeping in an adjoining room—she was discharged at the Police Court—it was a fire-roomed house.
Cross-examined by MR. GOODMAN. I don't think there were any lodgers in the house—all the persons in the house were taken to the police-station—there was no bed in the room where the implements were—the daughter was seventeen years old.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this is a triple mould for sixpences—it has not been used—there is another mould for sixpences here, and here are three good sixpences, which have been used for making that mould—these two counterfeit sixpences were made from that mould—there are other patterns for shillings, florins, and half-crowns—the other things which Mr. Brannan has spoken to, are used for coining purposes.
Fourteen Years' Penal Servitude each .
JAMES BRANNAN . I was present at this Court on 22nd October, 1860, when the prisoner was tried, with three others, in the name of Samuel Manhood—this is the certificate—(Read: "Central Criminal Court. Samuel Manhood, convicted 22nd October, 1860, of uttering a counterfeit half-crown.—Four Months' Imprisonment.)—I am sure the prisoner is the man—I have known him from his childhood.
Prisoner. I was never sentenced to four months' in my life in this Court.
SIDNEY ROBERT SMITH . I am clerk to the Gaol of Newgate—I was present at the October Sessions, 1860, and recollect the prisoner being tried in the name of Manhood—he was afterwards in my custody, in Newgate, for a short time—I have no doubt he is the person.
Prisoner Q. What did I give my age then? A. 21—I cannot say how it is you are only 27 now.
Re-examined. I have referred to my books—I do not recollect whether he looked very young, so as to account for the lenient sentence, but I can give other reasons for knowing him—there are marks on his person.
Prisoner. If I have been convicted, why is not the officer here who had me in custody?
trial in October, 1860, in the name of Manhood—he was convicted, and I have seen him since—he is the same man: I have seen him lately a good deal.
JURY. Q. Do you think he is more than twenty-seven? A. Yes; it is eleven years since I saw him convicted—I have seen him at intervals since.
Prisoner. I was never there, except for a fine.
NOT GUILTY of the previous conviction.
THE COURT directed the verdict of NOT GUILTY to be entered at to the whole of the indictment (although the prisoner had pleaded guilty to the former part of it), on the ground that what he had pleaded guilty to was a misdemeanour; whereas the indictment, as a whole, was for felony. He was therefore ordered to be discharged.
MESSRS. COLERIDGE and ST. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
EMILY PACEY . I am the wife of Henry Pacey, who keeps the Prince of Wales, North Street, Westminster—on 2nd October, I served the prisoner with a glass of ale—he gave me a bad shilling—I bit it, broke it in half, and returned the pieces to him—he put them in his mouth, and I heard them rattle—he gave me another bad one—he attempted to go out—I said "I will have no more of this nonsense," and he put two good shillings down—he was detained by two constables—I know by the motion of his mouth that he swallowed one piece of the shilling—I marked the second shilling—this b(produced) is it.
HENRY WOOD (Policeman B 359). I found the prisoner at Mr. Pacer's—I saw him make a motion as if to swallow something, and heard a rattling in his mouth—I saw a shilling, or part of one, in his mouth at the station.
Cross-examined. I put my finger in his mouth at the station—I did not find anything, but I heard something rattle—he spoke as if he had something in his mouth, but after the swallowing he spoke plainly.
NOT GUILTY .
MESSRS. COLERIDGE and ST. AUBYN conducted the Prosecution.
THYRZA HAWK . I am employed at the Temple Bar Post Office—on 16th October, about 6 o'clock in the evening, I served the prisoner with 3s. worth of stamps—she tendered three shillings, one of which was bad: I bent it—Cole, a policeman, came in, and I gave her in custody with the shilling—about three weeks before that I was employed at the branch post-office, Hatton Garden, and served the prisoner with 10s. worth of postage stamps—she gave me three half-crowns, and other silver—one of the half-crowns was bad—I gave it back to her.
Prisoner. I got the three shillings from a young man, from 6 o'clock to 6.30—I gave them to you, and you took them to the end of the counter, and came back, and said that you had taken a great deal of bad money
lately? Witness. I did not—I had taken bad money—I told you that I knew you at the other post-office.
Re-examined. I am quite certain she is the person I saw at Hatton Garden Post Office—I recognized her voice first, and then by her looks.
ELEANOR MAY SPRAT . I am employed at the Temple Bar Post Office—the prisoner came there six or seven weeks ago, in the evening, for 10s. worth of stamps—I served her—she gave me four half-crowns, one of which was bad—I bent it—she said "Give it to me back, and take back a half crown's worth of stamps"—I did so—I saw her again on the night spoken to by the last witness, and recognized her when she came in.
Prisoner's Defence. I am innocent.
NOT GUILTY .
MESSRS. COLERIDGE and ST. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
WILLIAM TOMKINS . I am a fruit salesman—on 23rd September I sold the prisoner some cob nuts, which came to either 14s. or 17s.—he gave me five half-crowns—I put them all into the till, being in a hurry—there was a half-crown, a florin, and some small silver in the till—I afterwards found that four of the half-crowns were bad, and when the prisoner came to take the nuts away I told him so—he said "Lord love you, I did not pay you in bad half-crowns"—I marked them, and gave them to the beadle in the prisoner's presence—these are them (produced).
Cross-examined. I afterwards took them from the beadle, and gave them to the policeman—I told the Magistrate that I said to the prisoner "Did you pay me in half-crowns?" and that he said "Yes, and they were good"—I do not know whether he bought 14s. or 17s. worth of nuts, it is impossible to remember on a market morning, and I only had one man there instead of two, so that I was less composed, and more busy than usual.
MR. COLERIDGE here withdrew from the Prosecution.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
SAMUEL COOPER (through an Interpreter). I am a fruiterer, of Princes Place, Commercial Road—on the afternoon of 7th September, the prisoner came in and bought two pears for 3d.—I saw him pay Julia Lane 1s., which I took from her, found it was bad, and broke it in half with my teeth—I told him in English, as well as I could, that it was bad—he said "Well, I can give you another," but I gave him in charge, with the shilling.
Prisoner. Q. Did not another customer give a shilling to the girl at the same time? A. There was no other customer there—you did not request me to go with you to a party who had changed a 5s. piece for you.
of September I served the prisoner with three pints of beer in his own jug, it came to 4 1/2 d.—he gave me a shilling—I knew it was bad by the feel of it—he said that he got it from Anderson, the grocer, and paid me with a good half-crown—I broke the shilling with my teeth, and gave him the pieces.
ALICE SUMNER . I am barmaid at the Blackworth Arms, 10, Princes Place—about the latter end of August I served the prisoner with some beer—he gave me a florin—I put it in the till, there were no other florins there, and gave him change—I afterwards found it was bad; no other florin had been put in—I gave it to the constable.
WILLIAM ALLMAN (Policeman H 102). The prisoner was given into my custody on 8th September—Mr. Cooper gave me a broken shilling, and Alice Somers a florin—I found on the prisoner three shillings, a sixpence, two-pence, and a half-penny, good money.
Prisoner's Defence. I bought some potatoes, and changed a 5s. piece; I took them home, and then went to get a couple of pears—I found the shilling was bad, and offered to pay in good money, but they would not accept it, and would not go with me to the place where I got the change. As regards the other shilling I repeat that that was a good one. I am a Dutchman, and do not know English coins well.
NOT GUILTY .
720. BAKER STAPLEY (26), PLEADED GUILTY to feloniously forging and uttering a request for the delivery of knives and forks; also a request for the delivery of two silver cups; also a request for the delivery of knives, forks, and spoons, with intent to defraud.— Twelve Months' Imprisonment .
OLD COURT.—Tuesday, October 24th, 1871.
Before Mr. Deputy Recorder.
MR. PLATT conducted the Prosecution; and MR. POLAND the Defence.
NOT GUILTY .
MESSRS. BESLEY and STRAIGHT conducted the Prosecution; and MR. MONTAGU WILLIAMS the, Defence.
FREDERICK DAY PLUM . I am a metal-broker, at Bristol—I have known the prisoner for some time—he was a dealer in sewing-machines at Bristol—on 28th August he brought me this Bill of Exchange—(Read: It was for 30l., dated 7th August, drawn by the prisoner on Wilcox & Gibbs, at two months, and purporting to be accepted by Powers Brothers)—I gave him 25l. for it, in two payments—there was a small account open between us, and the balance was understood to be on account—he said it was a bill that he was holding from the firm, and he wanted to make use of it—I paid it away—I afterwards saw it again when the prisoner was in custody.
Cross-examined. There was no understanding between us that he was to take up the bill, it was given to me as an ordinary bill, without any understanding at all—he called on me about a week before it came due, and
asked if I still had it—I told him I had parted with it; I did not tell him to whom—when he brought it to me he did not ask what I was going to do with it—I did not say that I was going to put it in my cash-box and keep it; nothing of the kind—I have known him three or four years—I had some very small transactions with him.
Re-examined. From first to last I had not the slightest idea that it was not a genuine bill.
WILLIAM GABB . I am clerk to Messrs. Metcalfe & Company, tea-dealers, of 74, Mark Lane—this bill was received by my masters from Mr. Plum—I presented it on 10th October, at the Union Bank, and it was refused.
ORVILLB WATSON POWERS . I am now sole manager of the Wilcox & Gibbs' Sewing Machine Company, of 150, Cheapside—at one time my brother was joint-manager with me—he ceased to be so subsequent to the time this bill was drawn—the prisoner was formerly a clerk in the service of the Company; latterly he carried on business on his own account, at Bristol—the stamp on this cheque is the regular stamp of the Company; that on the bill is not a stamp of our firm—I had not given the prisoner authority to use or procure such a stamp—this "Powers Brothers" is apparently an imitation of my writing; it is not mine or my brother's—I had not given the prisoner any authority to write my name—up to 10th October I did not know of the bill being in existence—a messenger from the parties holding the bill called at our place of business after it had been presented at the bank, and on seeing it I at once pronounced it to be a forgery—we had no account at the Union Bank at that time—any genuine bill of ours would be accepted, payable at our own bankers'—the body of the bill is in the prisoner's writing; at present no one but myself has authority to accept bills; and in August, no one but myself and my brother.
Cross-examined. The prisoner was acting as our sewing machine agent, at Bristol, and has been for some years—the stamp is not imitated correctly—I have been informed that money was deposited at the bank to meet this bill—proceedings in bankruptcy have been initiated by me against the prisoner since this—he was served with a notice in prison by my direction—our agents had not always to pay for the sewing machines in advance; latterly the prisoner had—we have received money from him for sewing machines from time to time since the execution of this bill—I can't be specific as to the dates—I can't say that I did not, about the time the bill was put into circulation, receive from him a sum almost amounting to that, for the purpose of purchasing sewing machines.
Re-examined. The bankruptcy proceedings were commenced before his arrest—he is indebted to us about 500l.—we hold a promissory-note for 400l.; that has been presented and not paid—we required payment in advance from him, as the account was increasing, and we wished to stop it—the promissory-note was dishonoured subsequent to the discovery of this forgery; it is on demand; it was given in the autumn of last year.
Cross-examined. I believe the prisoner has been in Bristol about three and a half years—I know nothing of his business relations with the Company.
said he wished to take up a bill that would be presented in the course of the day, and he would pay any commission—I told him that we did not do that sort of business—he wished to leave the money with me—I told him that he should advise it from a country banker—he said he would have done so, but it was a mistake—he told me who the drawer of the bill was, but I don't recollect now what he said; he wished to leave me particulars, but I told him it would be of no use, I could not do anything with it—he asked if I could give him the name of any banker in London—I told him I could not do anything of the sort—later in the day the bill was advised by telegram from Croydon, that was after it had been presented.
EDWARD MAHONEY . I am a clerk in the Union Bank at Croydon—I saw the prisoner at our bank on 10th October, about 12.30 in the day—he wrote on this piece of paper "Bill drawn by B. G. Boom, accepted by Wilcox & Co., 30l., payable at Union Bank, and due this day"—he also wrote on this envelope "O. Powers, Esq., 10, Trevor Square, West Brompton"—he wrote those papers for me to advise the Union Bank in London about the bill, and he paid me 20l. in gold, and two 5l. notes—I telegraphed to the head office.
JOHN MARK BULL (City Detective Sergeant). I went to Bristol and apprehended the prisoner there on 13th October—I told him that I was a detective officer from London, and held a warrant for his apprehension for forging the acceptance of Wilcox & Gibbs for 30l.—he said "Yes, can it be arranged"—I told him I knew nothing about any arrangement, he must accompany me to London—he seemed very excitable—he afterwards said the money was at the bank at Croydon.
The prisoner received a good character.
MR. M. WILLIAMS, in his address to the Jury, contended that it was clear the prisoner had no intent to defraud, within the meaning of the statute, as he was prepared to meet the bill wlun due. THE DEPUTY RECORDER, in summing up, stated that the law had been distinctly laid down by the Judges, that if a person put the name of another upon a bill of exchange without his authority, or without a reasonable belief that he had that authority, it was a forgery, although he might expect to have funds to meet the bill at maturity.
GUILTY.—Strongly recommended to mercy by the Jury.
Twelve Months' Imprisonment .
723. WILLIAM ROSE (57) , Stealing, on 18th June, two pieces of flag stone, and nine paving stones, of the Mayor and Corporation of London. Two Other Counts—For stealing other stones and bricks on 5th August and 18th September. Other Counts—For receiving; and others, laying the property on William Hill and others.
MESSRS. BESLEY and STRAIGHT conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and EDMUND THOMAS the Defence.
THOMAS BISHOP . I am a coffee-house keeper, in Stonecutter Street—in June last a gas company had the pavement there open for repairs—on the 18th June, between 8 and 9 o'clock in the evening, I saw the prisoner take up two stones from opposite the front of my door: they were ordinary paving stones, such as pathways are paved with, only small—I asked him what he was going to do with them—he said he was going to repair the bottoms of the dust-holes because the wood-work rotted away so quickly—he took them away in the direction of the Savings' Bank in Farringdon Street, where he lived—ho is the beadle of the parish—I took no further notice of the matter
—I had previously seen him take small pieces of stone occasionally, that I did not think of any value, all of the same description, small square pieces—I have seen the property that has been found, and it corresponds as nearly as possible with the things I hare seen him take; but there were none that I considered of any value—I can't say how often I have seen him do this—some little difference arose in the ensuing week; I don't know whether it was in consequence of my speaking to him about the stones, but I had placed some timbers in the church-yard temporarily, and he threw them over the wall.
Cross-examined. When he said he was taking the stones for the dust hole I did not say "All right, I am sure they are no use"—I said "If you want a lot of stones like that, I will give you as many as you want"—I did not think they were of much value—the only difference we have had is what I have mentioned—(Prisoner: "How about the wall you built? how about the burial ground? how about the window you lowered?")—I can hardly tell what he refers to—I made some alterations at the back of my premises—he had no power to object to that—he informed the parish of it—I did not build any wall; I altered a window, under my landlord's instructions, by lowering it 2ft.—the prisoner had no right to object to that; he did not object to it to me—I altered it voluntarily—I did not enclose a piece of ground which I had no right to enclose—the prisoner did not say so—I have known the prisoner nine or ten years—I don't know that he was allowed to take pieces of stone to put round the mounds in the burial-ground, to keep it in order.
Re-examined. I never heard it suggested before to-day that he took away the stones to repair the burial-ground; they have never been placed there, with the exception of two stones that were thrown over the wall and which he said I might have, and which have since been taken away by the Corporation.
HENRY WESTON . I am a watchman, in the employ of Hill & Co., contractors for the new street leading from Shoe Lane to Farringdon Street—about 9 o'clock on the night of 18th September, I was at the top of Stonecutter Street, and saw the prisoner going away with a stone, from Stonecutter Street into Farringdon Street—my attention was called by the market beadle—he had a piece of cloth round the stone—he took it to the West London Savings' Bank, in Farringdon Street—he went to the back part of the house—I stood at the door while he was gone with it—I did not speak to him about it—I went to the policeman, and gave him in charge at the time—I afterwards went with the policeman to the Savings' Bank, and saw the stone found in the cellar—the prisoner at first said it was not him that took it, and then he said he had only borrowed one—our firm has been using bricks in the construction of the street.
Cross-examined. I did not see where he got the stone from.
RICHARD COOK . I am one of the night constables of Farringdon Market—on the night of 18th September I saw the prisoner walk up Stonecutter Street, go back again, and take a stone up, on the footpath—he picked it up, like, to feel the weight of it, put it down again, looked up Stonecutter Street, took an apron, or piece of cloth, from under his arm, placed it round the stone, picked it up, and walked away—having seen him do it previously I called Weston's attention to it—I had seen him do it on the Wednesday and Thursday previous, the 13th and 14th—he took a stone on each occasion, and took it in the direction of the Savings' Bank—they were paving stones.
THOMAS EVERSDEN (City Policeman 449). On the night of 18th September I went to the Savings' Bank in Farringdon Street, and the prisoner was given into my custody by Weston, for stealing this paving stone—I asked him if he had taken the stone from Stonecutter Street—he said no, he had not—I said "This man (referring to Weston) says you have, and that he followed you here"—he said "He is mistaken"—Weston said he was positive, and the prisoner afterwards said "Well, I did borrow one"—he said that he had been making some rhubarb wine, and he borrowed it to place on the top, to press the wine—I asked him where the stone was, and he took me to the back of the premises, and produced it—this is it (produced)—he said "You need not make any bother about it; I will take it back again"—I asked if he had got any other stones—he said "No"—on looking into a store-room, at the end of the passage, I saw this other stone; and I said to the prisoner, "Here is another stone; how do you account for that?"—he replied that he knew nothing about it; it had been there some time—I then said "It is a pity, Mr. Rose, that you should criminate yourself for the sake of a stone; for had you gone to the foreman of the works, and said you wanted a stone for the purpose, no doubt you would have been allowed to take one or two"—he said that he did not wish to be under any obligation to anyone—I then said "You had better go with me to Fleet Street, and there you will be better able to explain the circumstance"—I afterwards searched the cellar at the Savings' Bank, in company with another officer, and there found a quantity of bricks—I dare-say there might have been a cart-load altogether—about thirty odd—they are a particular sort of brick—some are stamped—they are new—we also found about nine paving stones in the cellar, of the same description as these two—I afterwards went to 13, Whitefriars Street, and in the cellar there, found ten or eleven pitchers, or pitching stones, called granite tube; and in the cellar at 15, Whitefriars Street, I found a quantity of paving stones, bricks, and granite pitchers—the paving stones were similar to these—some of the bricks were stamped, and there was about two or three dozen pitchers—I heard the prisoner say at the Police Court that he had occasionally picked up bricks, as they fell from the carts going along the street, and that he never left a brick unturned if be saw one fall from a cart Prisoner. Alderman William Lawrence said that I ought to be put in a lunatic asylum, for picking them up.
ISAAC FARLEY (City Policeman 442). On 19th September I went to the station-house with Mr. Murray, Messrs. Mowlem's foreman, and said to the prisoner "Is this the gentleman you want to see?" (He had said he wished to see the foreman.)—he said "Yes, you are the man; you remember five or six weeks ago, Sir, that I met you in Stonecutter Street, and asked you for some of those flag paving stones, and you said 'Yes, you can take what you like'"—Mr. Murray said "Me?"—the prisoner said "Yes, you are the man"—Mr. Murray said "You must have made a mistake; I have only been on the job three weeks; I never saw you in my life, and never spoke to you"—the prisoner said "Oh, yes, you are the man; you remember it, about five or six weeks ago"—Mr. Murray said "I have only been on the job three weeks last Monday"—I assisted the other officer in finding the property.
EDWARD MURRAY . I am foreman to Mowlem & Co.—I went with Farley to the station, when the prisoner made a statement about my haying given him leave to take the stones, and he wanted me to recollect it—I could not
recollect what I never knew; he mentioned a time when I was not at the place—I had never given him any leave—I never saw him before.
Cross-examined. I know Mr. Turner, the inspector of pavements—the prisoner did not at any time come and ask me to let him have some of the chippings of the granite stones—I never saw him till I saw him in the cell—I did not tell him I could not, and he must ask Mr. Turner.
SILAS WIGAN . I am manager of the Medway Brick Company, at Aylesford—I have been shown the bricks with the stamp on them; they are made by our firm, and are sent to Hill & Company, the contractors for the new street—we have not supplied any white bricks to any other firm—I have the plate here with which the bricks are stamped.
CAROLINE SMITH . I occupy the first floor of 13, Whitefriars Street, City—I pay rent to Mr. Rose—there are three floors—no one occupies the cellar; it is free for all of us—it is not let to anyone—the prisoner has access to it when he needs it—I have seen him go there occasionally.
Cross-examined. I have noticed that he is a little odd at times.
ANN JOCELYN . I occupy the ground and top floor of 13, Whitefriars Street—I pay rent to the prisoner—he keeps the cellar; it is always left open for all the lodgers—I have seen him go there for coals—I never saw him take any flag-stones there.
Cross-examined. I know his son; he is a boy of rather weak intellect.
HENRY BUTLER . I am general foreman to Hill & Company, contractors for the new street, under the Corporation of London—I have seen these bricks; they are similar to those supplied to our firm from Aylesford—I have never given any authority to anyone to remove anything.
THOMAS ELYMERE KEYSELL . I am a clerk in the Comptroller's office—I produce the original contract between the Corporation and Messrs. Hill, Kendall, and Waldron—under that contract the materials for the new street are vested in the Corporation of London.
NOT GUILTY .
NEW COURT.—Tuesday, October 24th, 1871.
Before Robert Malcolm Kerr, Esq.
725. WILLIAM MITCHELL (24) , to stealing one coat, the property of William Tweedy; also one blanket, and other articles, of Emma Pullin; also one coat, and other articles, of Richard Taylor; also (in Surrey) seven silver spoons, and other articles, of Rachel Nesbett, in her dwelling-house— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude .
726. GEORGE TAYLOR , to unlawfully committing damage to a certain building, exceeding 6l.— [Pleaded guilty. See original trial image.] To enter into recognizances to appear and receive judgment if called upon .
728. JOHN FORD (40) , to burglariously breaking and entering the dwelling-house of Amelia Ann Selby, and stealing therein 3l., her money— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment . And
729. JAMES THORNTON* (20) , to stealing two watches, the property of George Strange, in his dwelling-house, and afterwards burglariously breaking out of the same, having been previously convicted of felony— [Pleaded guilty. See original trial image.] Seven Years' Penal Servitude .
MR. HUMPHREYS conducted the Prosecution; and MR. BESLEY the Defence.
WILLIAM FORDHAM . I am a stationer, and live at Belmont House, Clapton—on 3rd October, about 10 o'clock at night, I was on Hackney Downs—three men attacked me suddenly behind and in front, and took my watch, chain, and locket—I cannot say whether the third man did anything, it was done so momentarily—they ran away, and I pursued them between 200 or 300 yards, but missed them all at the end of a long passage—I was told something, went into a garden, searched under the bushes and trees, but could find nobody—I then came out, and my attention was directed to something lying under the bushes, near the wall; it was the prisoner—I pulled him out—he asked what I wanted him for—I told him I had lost my chain and locket—he said that he did not know anything about it, he was merely having a rest—he was very much out of breath—a man assisted me with him to a constable, and I gave him in charge—my chain and locket were worth 3l.
Cross-examined. It was a very dark night—I did not notice that the prisoner had an impediment in his speech, either in the garden or at the Police Court; he was lying full length on the ground.
Cross-examined. I afterwards went to 23, Appleby Street, Kingsland Road, where his parents live; they are respectable people—I did not notice by his speech that he had been drinking, or that he had any impediment.
The prisoner received a good character.
NOT GUILTY .
WILLIAM SMITH . I am a cutter, of 85, Shepherdess Walk—on 11th September, between 3 and 4 o'clock in the afternoon, I was at the corner of Rushton Street, Bridport Place—I heard the prosecutrix cry out, and saw the prisoner with her chain in his hand—he pulled the chain, broke it, and started off running—I got up to him, and he wanted to know what I wanted of him—I said "You will know in good time; I do not mean to let you go"—he took this stone (produced) out of his pocket, and said he would dash my brains out—I said "Two can play at that," and gave him in custody—I saw him pass the property to another man.
Prisoner. Q. You gave me in charge for attempting to throw the stone at you? A. No, for the robbery; I gave you in charge, and signed the chargesheet, because the lady was not found for a week.
WILLIAM FBOST . I am a traveller, of 97, Ball's Pond Road—on the afternoon of 11th September, I heard a female scream, at the corner of Rushton Street, and saw the prisoner with her chain in his hand, while it was still attached to her neck—he pulled at it, and it seemed as if he could not get it, for he started off running—I ran after him—he stopped, and said "What are you running after me for?"—I said "As soon as a constable comes up I will let you know"—he said "You b—, perhaps I shall pay you for running after me"—he threatened me with this stone, but a constable came up.
JAMES KINGSLEY (Policeman N 228). I took the prisoner—he said that he knew nothing about the charge, but at the station he said that he was running across the road, and his hand accidentally caught the lady's chain—the property has not been found—I produce the stone.
SOPHIA LARKING . I am the wife of William Larking, of 82, Basinghall Street—on 11th September, between 3 and 4 o'clock in the afternoon, I was in Bridport Place, and somebody took hold of me behind the neck very hard, with both hands, I think, and the prisoner came round in front of me, with my chain in his hand—it would not break, and he held it so tight that it hurt me very much—it then broke, and what was on it fell off—I still held it—he ran away—I screamed, and ran into my mother's—I only lost a cornelian anchor and a gold seal, which were on the chain, value about 7s.
He was further charged with a former conviction at Clerkenwell, in March, 1871, to which he
PLEADED GUILTY— To receive Twenty-five Lashes with the Cat, and Seven Years' Penal Servitude .
MR. WILLIS conducted the Prosecution.
CHARLES BANNISTER . I am a butcher, of East Greenwich—on 1st September I travelled from London Bridge to Cannon Street, in a South-Eastern Railway carriage—Alfred Brooker was with me—we took no ticket—I went up to the gate when the prisoner was stationed at Cannon Street, and paid him 10d., which was 5d. for myself and 5d. for my friend—that was from Greenwich to Cannon Street, as it is a rule of the Company to charge from the place from whence the train starts—he did not offer me any receipt—on 6th September I travelled from London Bridge to Cannon Street by South-eastern Railway in a Woolwich train—I left by the same gate where the prisoner was standing, and paid him 8d.—he gave me no receipt, nor did he offer to give me one—I did not ask for one.
Prisoner. If you had Offered me your fare from Woolwich I should have refused it; as the train did not come from Woolwich, but from Greenwich, the fare would be 5d., and not 8d. Witness. I asked you the fare, you said 8d.; I gave you 8d., and passed on—it is not a habit of mine to travel without a ticket, but I was employed to do so.
ALFRED BROOKER . On 1st September I travelled with Bannister from London Bridge to Cannon Street—I went on purpose without a ticket, in a third-class train—we got out at Cannon Street, and Bannister paid the prisoner 10d. for the two fares—no receipt was given.
WILLIAM PRICE . I am a ticket inspector of the South-Eastern Railway at Cannon Street—the prisoner was a ticket collector, and it was his duty to receive excess fares from passengers and enter them in a small book—he ought to give receipts to the persons paying—it is my duty to collect from each ticket collector the money received on the previous day.
By the COURT. It was his duty to ask the person paying if he will take a receipt; if not, he walks on—the person can send the receipt to the Company if he has been overcharged; if it is correct he can keep the receipt—the receipt is the counterpart of the check.
MR. WILLIS. Q. Did you on 2nd September see the defendant for the purpose of getting from him the moneys received on 1st September? A. Yes; by this book (produced) the takings on 1st September were 3d., from
Greenwich to London Bridge on to Cannon Street, second-class excess; Lewisham to London Bridge, second-class excess, 3d.; Cannon Street to Charing Cross, third-class, 3d.; Greenwich to London Bridge, third-class, 1s.—that return does not include the two fares from Greenwich to Cannon Street—I have not received anything from the prisoner except what he has booked—the books are in his writing—on 7th September I went round to receive the moneys received on the 6th—I find booked, Erith to Cannon Street, two third-class tickets, 4d.;—to Cannon Street, 6d., first; Greenwich to Cannon Street, third-class, 2d.; Spa Road to Cannon Street, 4d.; Greenwich to London Bridge, second-class, 3d.; Greenwich to London Bridge, second-class, 3d.; ditto, third-class, 2d.; Charing Cross to Cannon Street, third-class, 3d., &c.—that does not include these overcharges to Cannon Street—they are not entered here—I am the only person to whom the prisoner accounts.
Prisoner. Q. Between 8.30 and 11 o'clock, and between 3 o'clock and 5.30, is not the traffic tremendous, and is it not impossible to give a receipt at the same time that I am collecting? A.It is your duty to do so—the passengers, in many cases, pay and will not accept a receipt—tickets have been collected where the excess has not been charged, and they have afterwards been given over to me, and sent to the audit office, but it is very rare.
Re-examined. There is not much traffic at Cannon Street at 8 o'clock in the evening.
COURT. Q. How is he to charge excess from places to London Bridge If he is at Cannon Street? A.Those passengers come on to Cannon Street—if a passenger holds a ticket from Spa Road to London Bridge, and comes on to Cannon Street, he would be charged.
C. BANNISTER (Re-examined). We arrived at Cannon Street on 1st September at 7.40—there was not much traffic—there was about a dozen passengers behind me, all very anxious to get out—there are two gates.
Jury. Q. Are they both always open? A.Not after 8 o'clock, but this was 7.40.
The Prisoner produced a written defence, stating that he had been eight years in the Navy, and had a pension of 10l. a year from the Admiralty, and had also been in the General Post Office; that the traffic at Cannon Street was so great, through the trains arriving every five minutes, that it was often impossible to collect the tickets, receive money, and give receipts; that there were only three men to the two gates, and he and the other collectors were often obliged to wait till four or five trains were in, before they could put down what they had received, or else they would lose half the tickets; and that he might, in the hurry, have taken money, and put it in his pocket with money of his own.
NOT GUILTY .
MESSRS. BESLEY and MOODY conducted the Prosecution; MR. THOMAS appeared for Davis, and MR. A. B. KELLEY for Smart.
WILLIAM COOLEY . I am check-taker in the service of Benjamin Conquest, of the Grecian Theatre—about 9 o'clock, on 10th August, the prisoners presented these forged cheques (produced) for admission to the pit of the theatre—I told thorn the cheques were forged, and they could not go in;
detained them, and sent for a constable—that is the ordinary entrance to the pit; there is another; but it opens at 5.30, and closet at 6.30—I was on duty from 6.30 till 12 o'clock, and was never absent—I am certain the prisoners bad not gone in that night; I know them well—these are two genuine tickets (produced)—I issued no others that night—the genuine pass tickets were printed on cards which had been used for Mr. Gillett's benefit, in August, and they were all marked "A 9 F"—we change the letters every evening—the "A 9" on these tickets is not genuine, and the "F" is in pencil—the admission to the pit is 6d.—no one is let in free.
Cross-examined by MR. THOMAS. You will find Mr. Gillett's name on the forged tickets—the back is forged, and likewise the printing in front—it is 1869, instead of 1871—I understand that they were sold in front of the door—that was not by my permission, or the manager's.
Cross-examined by MR. KELLEY. These are out up tickets for Mr. Gillett's benefit—what I call the forgery is on a card with Mr. Gillett's name—I do not allege that all this printing on the back is a forgery; the tickets, at some time or other, have been used at the theatre—there is a private entrance to the pit; they pay extra there—I was not there—the prisoners made no reply when I charged them.
Re-examined. When I give pass tickets to persons they can give them away outside, but they ought not; they are not transferable, and no person bad passed out that night at that time—I was there all the time—the whole of the letters on this ticket are forged.
GEORGE GILLETT . I am in Mr. Conquest's employ—I prepared the genuine tickets for 19th August—these others are not genuine—I delivered the tickets to Mr. Cooley about 6 o'clock; but on that night no one passed through the private entrance, and no pass tickets are issued at that entrance—I do not know whether the prisoners had been in the theatre, and were attempting to pass in again—the place is well lighted.
Cross-examined by MR. KELLEY. There is an entrance at which access could he had by tickets purchased at the bar—the barmaid has charge of them on great occasions, but no tickets were given to the barmaid on this occasion—many check-takers have been charged with allowing persons who came out to give their checks to others who came in, and Mr. Conquest estimates his loss from that at 300l. or 400l. a year.
Re-examined. The tickets from the barmaid are not pass tickets; these are what we call pass-out tickets, they are given to persons who have already paid.
THOMAS WILLIAMS . I am a check-taker to Mr. Conquest—I did not give these two checks to anyone that evening—I issued pass-out tickets that evening after the first act from 7.15 to 7.30—I had got those pass tickets in again when the forged ones were presented.
Cross-examined by MR. THOMAS. I was at the entrance all night except five minutes—Mr. Cooley then took my place.
Cross-examined by MR. KELLEY. I find in my experience that persons give away their tickets and other persons come in.
Re-examined. There were no pass-out tickets that night, except upon Mr. Gillett's cards.
HENRY WILLIAMS (Policeman M 102). I have been employed at this theatre for a mouth—I was at the private entrance from 5.45, and had to see that no one went in—the prisoners did not go in—I know them well—they were given into my custody, and Davis said that they had
the checks given to them to pass out with—I told them that they had not been in before—Smart said "Yes, we did have these here."
Cross-examined by MR. THOMAS. I was both at the private and the general entrance—there was not very much of a rush of people that night—I have said that there was a little rush.
Re-examined. That was not at the private entrance, and it was only when the doors were first opened.
WILLIAM WATTS . I live in Barnsbury Road, Islington, and know Smart—I went to the Grecian Theatre with him, and he bought two checks of a young man outside, and he said he would let me know when he had got any tickets again.
The prisoners received good characters.
NOT GUILTY .
OLD COURT.—Wednesday, October 25th, 1871.
Before Mr. Justice Mellor.
MR. POLAND conducted the Prosecution.
Upon hearing the opening, and part of the evidence, MR. JUSTICE MELLOR was of opinion there was no case against the prisoners, jointly or separately,
NOT GUILTY .
735. ELIZA KNOTT (21), was indicted for feloniously killing and slaying a female infant born of her body, and not named. She was also charged on the Coroner's Inquisition with the wilful murder of the said child.
MR. BRINDLEY conducted the Prosecution; and MR. COOPER the Defence.
EMMA STEVENTON . I live at 10, John's Place, Fulham—I know the prisoner—on Friday, 11th August, I saw her go past my door—I knew that she was ill—I took her by the hand, and asked her what was the matter with her—she said she had diarrhoea,—I said "Eliza, I fear it is not diarrheoa, it is something else"—she said "I ought to know"—she had a small bottle in her hand—I asked what it was—she said "Castor oil"—I said "The best thing you can have to take, but beware how you take it if you are in labour, which I am sure you are"—she said she was not—she was then living with her mother—I offered to go with her to the Union if she would go—about 8.45 next morning I went to her mother's house, and found the prisoner lying on a wooden box in a room up stairs; there was not a particle of bed or bed clothing in the room—I said "How are you, Eliza?"—she said "I am better"—I asked her if she had had a child—she said "No"—I observed that her dress, which was hanging up, was very much stained with blood, and I asked her how it came there—she said after she took the castor oil she had vomited a great deal of blood and likewise passed a great deal—she positively asserted that she had not had a child, she wished the Lord might strike her dead, so help her God she had not—I told her I would fetch a doctor—she said I could—I fetched Mr. Staples, the chemist, and her mother fetched a midwife—I went in with them—the prisoner was then washing the tea things—I asked them if they thought there was a child—they said "Yes," and I said "Then I will find it" and I did find it in a small coal cellar under the stairs, rolled in a piece of sacking; it had the after birth firmly pressed into the mouth—I had a hard job to pull it out, and blood flowed from the nose and mouth
when I did so—the cord had been levered, but not tied—I and the mid-wife tied it afterwards; it had been cut with scissors—Mrs. Mumford took the child from me—I thought it was alive when I first took it; the body was quite warm—Mrs. Mumford put it on the table, and I said to the prisoner "What have you done, how comes this I"—she said she had placed this over the baby's mouth, because her mother should not hear it cry.
Cross-examined. She is twenty-two years of age—I have lived where I do now for twenty-one years, but the prisoner has only been there since March last—I don't know that children will suck anything that is put close to them—I am the mother of eleven children.
ESTHER MUMFORD . I live at 6, Morley's Buildings, Fulham, and am the wife of William Mumford, a groom—on Saturday morning, 12th August, Mrs. Knott fetched me to her house—I found the prisoner there, washing up the breakfast things—I said "Eliza, what is the matter?"—she said "Nothing"—I said "Your mother and Mrs. Steventon called to show me some linen that was in the copper, and there is labour; you have had a baby; tell me what you have done with it"—she said "So help me God I have not"—Mrs. Steventon and her mother went to the cupboard under the stairs, and brought the baby out, rolled in an old piece of sacking—the cord was not tied—there was a slight bruise on the forehead—the after-birth, when I saw it, was by the side of the baby's head—it was quite warm—I washed and dressed it, and then asked the prisoner what she had done it for, and why the did not tell her mother—she said "If I had told my mother I should have gone and jumped into the river directly; my intention was to take the baby and go and jump into the water with it"—she said she put the after-birth on the baby's face because it cried so loud she was afraid it would wake her mother and brother—it was a female child—it was about 9.45 when it was found—the prisoner did not say when it was born—I asked her if it was born when she called her mother—she said no, she called her mother about 6.20, and it was not born then, not till after her father had gone—I did not see any clothes prepared for the child, only what the neighbours brought in—I asked for some, and there were none to be found in the house—I went with the prisoner to the workhouse—the remained there a month—I gave the child to the policeman.
Cross-examined. I have known the prisoner eight years; she is a good, kindhearted girl, as far as I have seen—the cupboard is close to the room where she slept, not in the room—it is a small house of three rooms.
GEORGE MAY (Policeman T 67). On Saturday morning, 12th August, about 11.30, I went to the house, and saw the prisoner lying on a box—the body of the child was lying on a cupboard in the same room—I produce the sacking it was rolled in—I asked the prisoner what time in the morning this happened—she said about 7 o'clock—I asked her if it was alive when born—she said yes, it was born in the closet at the rear of the house, the child cried very loud, and she put the after-birth over to prevent her mother and brother hearing it.
DR. HENRY PAUL REAY . I live at Walham Green—on Saturday, 12th August, about 12 or I o'clock, I was requested by Weller to examine the body of a female child—I found it fairly formed, fully nourished, quite cold, very blanched; there was an abrasion and bruise over the left eyebrow, the navel string had been cut, and a piece of thread tied loosely
round it—by order of the Coroner I made an examination of the body on 13th August—on removing the scalp I found effusion of blood underneath, corresponding with the abrasion and bruise outside; the membranes of the brain very much congested with dark venous blood, but the substance of the brain blanched—the chest was fully filled by the lungs—I put the lungs and heart together into water, and the whole floated—I separated the heart from the lungs, and they floated separately—I divided the lungs into small pieces, and every piece floated—all the large vessels were drained of blood, the heart only containing a small quantity of fluid blood on the right side—from my examination I should say the child had certainly been born alive—there had been a separate circulation—the lungs had been fully inflated—if the after-birth had been placed over the mouth and pressed, the effect would be congestion of all the internal organs, of the brain especially—the effect of it would be to produce a certain amount of suffocation, but the body being drained at the same time there could not be that congestion of the internal organs—hemorrhage contributed to t*he death, bleeding from the cord—the cause of death was partly hemorrhage and partly suffocation—I believe both causes were in operation.
Cross-examined. The bleeding was from the cord not being tied—I should say the lungs would not present the appearance they did if the child had not had a separate existence from the mother—a child may breathe thoroughly, without being separated from the mother—breathing would fill the lungs with air—if the cord was broken, or partly severed in the birth, hemorrhage would go on, and that would, of course, fearfully weaken the child—that would occur after the child was actually born—I have had a large experience, and I have never met with, or read of a case where it has been severed until it was out of the womb.
Re-examined. This cord was clean cut—the child had unquestionably been born alive, or the lungs could not have been so fully inflated—the child must be in the world for the cord to be cut—it is a medical man's first duty to tie the cord—until the cord is tied, the child has not a perfectly separate existence from the mother—the after-birth is the last matter that comes away in the act of parturition—if the after-birth has come away, the child must have been fully born.
GUILTY of Manslaughter.—Strongly recommended to mercy by the Jury.— Eighteen Months' Imprisonment .
AMELIA HARRISON . At the time in question I lived at 6, Scarsdale Villas, Kensington, the house of the prisoner—he and his wife (my sister), and my father also lived there—on the evening of 4th October I was in bed with my sister—she was very ill at the time, in a decline; she died the week after—my father was also there—the prisoner came into the room—I was fanning my sister, at the time—I was there to protect her; she wished me to be there, and also the doctor—the prisoner used abusive language to me, and said "Get out of the room"—he struck my sister over the head with the fan, and she screamed—he pushed her back in the bed, and he got me down between the bedstead and the chest of drawers, on the floor, and he knelt on me with his knee, and nearly choked me with his
hand—my father wished to protect me; he went to keep his hands from me, and he took the poker, and was going to strike him over the head with it; and he scratched his face, and pulled his hair out by handsful—he struck my father across the face—he then approached me again, and said he would do for me—my sister screamed—he then opened the window, and said he would throw me out, and do for me—Sophia Harland, a nurse, was in the room, and she and my father caught me—he had got me three parts out of the window—without their assistance I could not have remained in the room; I was just hanging to the window-sill, nothing could have saved me from falling out—it was the chamber window; it is sometimes used as a drawing-room—I should have fallen on the door-step below, about 15ft—I know the prisoner's handwriting—this letter (produced) is his writing.
Cross-examined. My sister's first husband died in August, 1870—she was a widow when the prisoner married her—he was a clerk in Mr. Cooper's, the attorney's office—my sister made his acquaintance by going to the office—she was about seven years older than him—she did not get him to go and see her several times at Hastings—shortly after her husband's death he took a place at Hastings, and wished her to go there, and said that he did so because the solicitor should not know where he was—he got a licence for their marriage, without her consent, within about a month of her husband's death, to be married at Christmas—of course I was against it—she went on a visit to the prisoner's sister's before they were married; I was there also—they were married in April—I am a dress-maker—I have followed it, but not just lately, on account of my sister's ill-health—I was staying at the prisoner's house on a visit, with his consent—I had been there three weeks or a month—I was there to advise my sister to have nothing to do with him whatever, by my friend's wish, as he only wanted her money, and he had spent about 700l. within eight mouths—the prisoner never saw my father until after the marriage—I have not, since the prisoner was given into custody, cleared the house of every article of furniture; her trustee has done it, Mr. Fenwick, of Balham—her furniture was left there—before this happened I had sent some few things from the house by my sister's wish—her chairs were taken from the window by her wish; they were bought out of the trustee's money; they were given out of the window to a cabman—I don't know his name—it is a window in three parts, a wide space in the centre—there was a large table in the centre of the window—the window through which he tried to force me must be more than 18 in. by 20; it was sufficient to put me out of—I was three-parts out—it was through the side that he attempted to force me—there is a bow-window below, at the side, not underneath that window—I don't know whether it projects two or three feet—the prisoner got me down on the floor, and knelt on me; my father came to assist me, and the prisoner scratched his face, and pulled his hair—I did not get the poker, the prisoner fetched it from the fire-place; he got up and fetched it, and then came back and knelt on me—I was not off the floor at all—I could not get up in the time—my father rescued me from him: that was previous to his going to the window—the nurse was attending my sister—she could not come to me; she did not, only when I got to the window, and then she ran, of course; not before—the prisoner opened the window, and I called out "Murder!" and "Police!" and he said "You b—h, I will put you out"—my father was then holding me back again; he pulled me in—I was just hanging on the sill, three parts
over—he got me through the window, and I screamed, and my sister screamed, and he mocked her—I was there with his wife's wish, to act as housekeeper, and he was quite agreeable to my being so, until my sister became very ill, and he then wanted to get rid of me, to have his own friends to take possession—I had no medical assistance—I did not need it—I was very poorly for several days—I had no marks to show to any medical man—my dress was not torn—he struck me in the head, and tried to pull my ring out of my ear—the prisoner came up stairs, bringing a letter in his hand—he said "A letter for Mrs. Moree"—I have the letter in my possession—I said to him "How dare you open my letter?"—I did not rush at him, to take it from him; I took it from him—I did not go and get the poker from the grate, and attempt to strike the prisoner with it—the prisoner's mother came into the room when she heard the noise—he held the poker over my father's head, and I said "Don't break my poor father's head," and he said "Yes, I will; I will do for both of you"—I tried to get the poker from him, but could not—the whole of the dispute was about the letter—he threw me on the floor, and trampled upon me—I did not go to the window myself, and cry out "Police!"—the prisoner had not a black eye, and discoloured face, to my knowledge; it is not true that all he did was to protect himself from me and my father—he was going to sell the goods, and my sister said she would be divorced from him—I removed some part of her furniture before this, by order of the trustee.
Re-examined. (A letter from the prisoner to his wife, dated October 8th, 1871, from the House of Detention, was put in and read.)—If I had gone out of the window I should have fallen on the door-step, or into the area—at the time I went there my sister was in the doctor's hands, and in a very dangerous state—I have not taken anything away, except with her wish.
COURT. Q. What part of your person had he put through the window? A.He put me right through, my head and body—he got hold of me by the shoulder, and said "I will do for you"—he was holding me by the shoulder when the nurse and my father interfered—he had not got very firm hold of me—I was obliged to lay hold by the window-sill, and he was pushing me, and my hand scarcely held; nothing could have saved me if I had let go; I really think he wished to throw me out; I don't think it was done more to frighten me, because he is so very hot-tempered—I had had no quarrel with him before—I would not quarrel with him on account of my sister's ill health.
SOPHIA HARLAND . I live at 8, Emma Place, Kensington—I was the nurse attending on Mrs. Mills—I was there on 4th October, about 9.30 at night, when the prisoner came into the room with a letter open in his hand—he came to Miss Harrison, and said "Here is your letter, you white livered b—h, I will do for both of you"—she did not say anything to him—he caught hold of her arm, and said he would put her out of the window—he put her to one window, and he could not get her there, and he pushed her across the room to the other window, and pushed her three parts out; he caught hold of her by her arms, and pushed her backwards—if it had not been for her father and myself she would have gone right out—he pushed her back out first, and then her head—I went and caught hold of the tail of her dress—he had not got fast hold of her—he kept on saying that he would put her out of the window, and do for her, and then he got her, and put her on the floor, towards the fire-place, and knelt on her; that was after, not before—there was nothing near the fire-place, except the
wash-hand stand, and the dressing-table—there was a good space between the bedstead and the window—the drawers stood on the left hand side going in at the door; they were nowhere near where they were at the time.
Cross-examined. The forcing down on the floor did not take place by the drawers—Mr. Harrison fetched me to the house—there was no engagement—I was fetched out of my bed—I had not known Miss Harrison before—her father helped drag her up from the floor when I was at Mrs. Mill's bedside, and Mr. Mill's mother pulled Mr. Harrison's hair behind, and pulled a handful of hair out of his head—I don't know why she should do that, but she did it—she was in the room all the time; she interfered to prevent Miss Harrison being thrown out of window—she came to our assistance—I did not see Miss Harrison get the poker from the fire-place; she could not have done it without my seeing her—I did not see the prisoner's mother take the poker from her—I saw the poker in Miss Harrison's hand, and I saw the prisoner's mother with it afterwards—the whole of the disturbance was about the letter.
JOHN HARRISON . I am seventy-one years of age—at the time in question I was living at 6, Scarsdale Villas—on that night I saw the prisoner come into the room with a letter in his hand—he threw the letter down to my daughter, and said "Take the letter, you white livered b—h, there is your letter"—he seized hold of her, and threw her down, and got on to her with his knees, and said "I will do for you, and I will do for the lot of you"—that was before he attempted to put her out of window—he tried to choke her; he had his hand on her chest, and they scuffled till they got near to the window—it was open—she was trying to get to the window to halloa out to the police, and he said "You shall go out, I will have you out of the window"—she was half way out of the window—the nurse and I laid hold of her or she would have gone out—he had the poker in his hand, and held it over me as if he was going to strike me with it, and his mother had hold of my hair behind, and pulled two handsful of hair out of my head—my daughter was scuffling with the prisoner, and she got down on her knees, and was calling out for the people to come to her; in the confusion I can't tell how he had got hold of her; he had got fast hold of her—his mother did not assist in pulling her in—they were up and down two or three times on the floor, after they got away from the window.
Cross-examined. I don't know what my daughter said to the prisoner when he produced the letter—she did not rush at him, and take the letter from him—he threw it at her, and said "Take your letter"—the throwing down on the floor was before going to the window; it was at the side of the bed, near the door—I am not certain whether the window was open when the prisoner went to it—I think it was a little open—he did not open it at the time he held my daughter, that I am aware of—she went to the window, and put her head out, and called "Police;" he had hold of her at the same time—he did not hold her to prevent her falling—he tried to push her out—he said "You shall go out"—the first thing he did was to throw the letter down, and lay hold of her, and throw her down—I have not said that he first caught hold of me, and she came to my assistance—he held the poker over my head, and she tried to wrench it away from him.
BARRY (Policeman T R 11). I went to this house on the evening in question—there was a crowd outside—the prisoner was given into my custody by Miss Harrison, for trying to throw her out of window—I told him the charge—he made no reply.
Witnesses for the Defence.
SARAH MILLS . The prisoner is my son—on 4th October I was at his house—the postman brought a letter that evening; I gave it to my son, and he went up stairs with it—I did not follow him up directly—I heard a great noise, and ran up—my son was standing near the bedroom door—I asked him to come down—he said "I can't come down; I will have the old man out to-night"—he then turned from me, and went to the foot of the bed, between the bedstead and the dressing-table, and the old gentleman caught him by the collar, bursting his collar and cravat through—this is the Collar and cravat, and the head of the pin is broken off—he held him by the throat—Miss Harrison directly threw the window up to the top, and screamed "Murder! Police!" and sat herself on the window-ledge, and reached out, calling "Police!" and "Murder!"—she came in directly, and caught up the poker, and said she would split his skull—I saw her flourish it over the top of his head, and I grasped it with my hands—she then went back to the window directly, and still continued crying "Murder!" and "Police!"—by that time the police knocked at the door—I did not see my son lay hold of her, and try to push her out of the window—I never saw him touch her once—I did not see her partly out of the window, held by my son, nor did I see Mr. Harrison and the nurse go to her assistance, and pull her in—I did not interfere no further than I grasped the poker when it was flourished over my son's head—I don't know whether I laid hold of Mr. Harrison's hair or not; I rather think I did, to hold him back—yes, I did, because he had got my son by the throat—I did not see my son kneeling on Miss Harrison, on the floor; there was no one on the floor at all—I did not see the poker in my son's hand at all—someone grasped it at the same time I did; whether that was the old gentleman, or my son, I don't know—I first saw it in Miss Harrison's hand—she took it from the fire-place, and flourished it over his head—she let go of it directly she found someone had got hold of it—I did not see my son's hand on her breast or throat; I never saw him near enough to touch her, except when she came at him, and flourished the poker over him.
Cross-examined. The letter was addressed to Mrs. Harrison, I believe—my son opened it—it was a returned letter—I saw him open it—I can't say that I saw him read it; he looked at it when the postman was there—I asked him to come down stairs when he first went into the room, because there was such a noise—I did not know what the meaning of it was—he did not seem in the least angry when he went up stairs—Miss Harrison rushed down, and asked him how he dared open her letter—my son then went up with it—he had not been there a minute or two, when I heard a great noise, or I should not have gone up.
Re-examined. I went up at once—the whole disturbance did not last more than half-an-hour, I should say, till the policeman came—I could scarcely say the time—the disturbance up stairs was only a few minutes—he merely opened the letter, found it was a returned letter, mentioned who it was from, and went up stairs.
WILLIAM HUNT . I live at 17, Took's Court—I have since been to the prisoner's house—I found nearly everything gone, nothing of any' value left—I measured the window in the first-floor room—it is in three compartments—the side window is 21 in. in width, and 36 in. in height—one square of glass, the centre, is 41 in.—I did not measure the height from the ground—there is a bow window below; that projects 38 in. in the
widest part, and comes off to a point at each side—anyone falling from the side window up stairs would fall on the roof of the bow window.
The prisoner received a good character.
NOT GUILTY .
There was another indictment against the Prisoner for an assault on the same person, upon which no evidence was offered .
NEW COURT.—Wednesday, October 25th, 1871.
Before Mr. Baron Pigot.
MR. GRIFFITHS conducted the Prosecution, and MR. WARNER SLEIGH
appeared for Tye.
WILLIAM JAMES PAGE . I keep the Tuffnell Arms public-house, Tuffnell Park Road—I have two cricket gardens, divided by a road, one called the old ground, and the other the new—I had two houses in the old ground, one of iron and one of wood, connected by a small room—there is no means of getting from one house to the other without going out of doors—on 26th September I was removing the iron house to the new ground, and some canvas, paper, and felt were stripped off and placed outside the iron house, which was between the felt and paper and the wooden house—that rubbish was set on fire by my orders before 6 o'clock that afternoon—the wind was then north-east, blowing direct from the iron house—I left at 5.45, and then it was all embers—I was sent for to the wooden house about 8 o'clock the same evening, and found it full of smoke—it had been put on fire, but had been put out—the back part was burnt, and the canvas inside the house was partly burnt, but none of the material of which the house was built was on fire—next morning I noticed a hole in the weather board at the back of the house large enough for a man to put his hand in—the canvas was scorched or burnt near the hole about two feet from the ground—the charring was at the bottom of the hole—the canvas was against the wall—whether it was set on fire from inside or out I cannot tell—the prisoner Tye used to bowl at the cricket-ground for gentlemen—he was there in the summer, but not by my permission—I would not have him on the enclosed ground, and my manager ordered him off—Mr. Brighton lived in the wooden house with his family, and slept there.
Cross-examined. The place set tire to was not the small room between the two houses, but a small room at the back—there was a communication between the place that was burnt and the living rooms—Brighton had the whole range—those four rooms constituted the whole house—they are all on the ground—the roof is boards and asphalte, and there are windows like a cottage—I do not know that Tye was the engaged attendant of the gentlemen who used the old ground—the new ground is quite apart from the old—the old ground is fenced in with iron hurdles and garden walls.
Stout. Q. Did I ever work for you? A.No, you never did me any harm—I have seen you about.
between 8 and 9 o'clock in the evening, there was a fire of rubbish burning—I was near it, with my brother—it was dark, as the fire was very nearly out—it was burnt down, so that there was no flame, but there were some embers—the two prisoners, who I knew before, came up and warmed their hands, and two small boys followed them—they remained there about ten minutes, and then they all four went round to the back of the iron house for ten minutes—that made twenty minutes—I followed them round and saw all four against the wooden house, and smoke and flare, was coming out of a hole in the wooden house—Tye was as close as he could get to the hole—I ran and told my mother, who was in the kitchen of the wooden house, and got some water and put it out—I saw the prisoner's faces, and knew them before.
COURT. Q. What room was that called in which the canvas wag on fire? A.Bedford's room—it is where the cricketers keep their boxes—my father has the care of those boxes.
Cross-examined. I have been out to service, and have had the charge of children for three or four years—I have not been to school very long—I understand the nature of an oath—the fire was burnt down, and there was no light, but I could see the prisoners in the dark—they were quite close to me—the embers gave no light—there was no moon—this was in a field—I also knew Tye by his voice, because he spoke—I said before the Magistrate, "It was dark, but I could distinguish their faces by the fire"—the boys were nearly as big as the prisoners, but I did not take notice enough to say—when Tye spoke, he said "Don't put the fire in your pocket"—I did not tell my mother who had set the house on fire, because I was in such a hurry; but my belief was that Tye had set fire to the house—besides my little brother and me, there was a young gentleman from the farm with us, at the embers—I do not know his name—that is he (Mr. Hope)—he had been on the ground not quite half an hour, and was there when I saw these men—I told the Magistrate that two of the men worked on the ground, but I did not say the other two.
COURT. Q. Are you sure you did not distinguish their faces by the fire? A.No—I did say before the Magistrate, "It was dark, but I could distinguish their faces by the fire."
MR. GRIFFITHS stated that lie should not be able to confirm this witness.
NOT GUILTY .
MESSRS. COOPER and LILLEY conducted the Prosecution; and MR. HOLLINGS
GUILTY — Ten Years' Penal Servitude .
MR. STRAIGHT conducted the Prosecution.
ANDREW ALLISON . I am a seaman—on Thursday, 21st September, I was lodging at 36, North East Passage, St. George's-in-the-East—I was in Batch Street between 11 and 12 o'clock, and saw two young women there—I spoke to them, and the prisoner came up, and called me a "Yankee son of a bitch," and shoved me—I had never seen him before—I said "Mind what you are about," and then he struck me with his fist—I said "Mind what you are doing; you have got hold of the wrong man"
—he said "No, you Yankee son of a bitch"—I got hold of him by the hair—he sang out "Please let me go," and I let him go—I heard people calling out that he had got a knife—I turned, and he gave me the knife in my belly, and twice in my arm, and once up here—he would have killed me on the spot, if it had not been for a policeman—I was insensible, and was taken to the London Hospital.
Prisoner. Q. Were you drunk or sober? A.I had had a few glasses of beer into me, but nothing to do me any harm—the woman did not strike you—you were not struck first—I cannot tell whether you were in liquor.
ELIZABETH ROWELL . About 12.30, on this night, me and another girl were going home—we had just left the dancing—the prisoner called the prosecutor" The son of a bitch"—he said "No, I am not;" and the prisoner knocked him down with his fist—they struggled to get up, and the prosecutor took hold of the prisoner's hair, on the ground, and pulled him up a turning in Ratcliff Highway; and I saw the prisoner pull out a knife and stab him in the stomach, side, and two places in his arm—he was about striking him again, when a constable interfered—the prisoner was the worse for drink, because he was turned out of a public-house where I was.
Prisoner. Q. When I was on my back, had not I hold of a woman? A.No; there was no woman near enough—there were other women there besides me.
ANNIE WOOD . I saw the prisoner and prosecutor wrangling together, and saw the prisoner strike the prosecutor, and kick him, when he was down, and jump on him, dreadfully—I saw the prisoner repeatedly use this knife (produced)—a man who was with him, ran away when he saw the knife.
Prisoner. Q. Did you strike me? A.I had hold of your trowsers, and laid hold of your cheek while you were stabbing the man, and tried to pull you away.
Re-examined. I saw the constable take the knife from your hand.
WILLIAM CURLING . I am house-surgeon at the London Hospital—the prosecutor was brought there, and I found two wounds on his abdomen, and a laceration of his fore arm—the wounds on his abdomen were dangerous, as the intestines had protruded—this knife would produce the wounds.
Prisoner's Defence. I was attacked, and defending myself. My clothes were on board ship three days before, and I had to join; it is not likely I should attack a man like that, and lose my ship. He had lots of prostitutes with him; they tore the buttons off my shirt; the second-mate and I had drank 5s. worth of gin and porter. I was knocked down, and the policeman will recollect that my face was bunged up for a fortnight. A person kicked me in the side of my jaw, and a woman stood on my breast while I was down.
GUILTY of unlawfully wounding — Eighteen Months' Imprisonment .
THIRD COURT.—Wednesday, October 25th, 1871.
Before Mr. Common Serjeant.
MR. HUMPHREYS conducted the Prosecution.
stood for two or three minutes, and then I saw him get on to a wall, and on to the leads of 1, Seymour Place—I waited till another constable came up, and we went over the wall, and on to the leads—we found the prisoner concealed under some ivy on the leads—I asked him what he was doing there, and he said he had come to lie down—on looking amongst the ivy I found this chisel, to the left of where he was lying—I also found the two syringes—the top of one of them was found in the prisoner's pocket.
WILLIAM SEARLE (Policeman C 180). I went with Alger on to the leads of 1, Seymour Place—I saw the prisoner lying in the corner, amongst some ivy—Alger asked what he was doing there, and he said he had come there to lie down, he was very tired—I searched the prisoner, and found this knife, these keys, a portion of a syringe, and some silent matches.
SUSAN JONES . I am servant to Mr. Christopher Sykes, of 1, Seymour Place—the house was quite safe on the night of the 18th, when I went to bed—in the morning I found this garden hose on the leads, very near where the man was taken—it was taken from the india-rubber pipe which waters the flowers—it was all right on the Saturday before the 14th—it belongs to Mr. Sykes, and this is Mr. Campbell's next door.
WILLIAM CANE (Detective Officer C). On the 19th I went to 1, Seymour Place—I examined the window, and found three distinct marks on the folding doors of the window—they corresponded exactly with this little jemmy—I also found marks on the wall—this syringe was found on the leads.
Prisoner's Defence. I was out late that night, and went on to the leads to lie down.
GUILTY — Nine Months' Imprisonment .
MR. LANGFORD conducted the Prosecution; and MR. ST. AUBYN the Defence.
HENRY LOUIS . I live at 14, Princes Square, St. George's-in-the-East—on 19th October. I was in a public-house, in Wells Street—there was a quarrel there—I pulled a young man out of it, and asked him to come to another part of the bar—the prisoner was on the other side of the bar—while I was taking the young man away from the quarrel, the prisoner came in the same side as I was—I had a gold pin in my tie—when the prisoner left, I missed it—I had not lost it before, as near as I can tell—I have not seen it since—it was worth 15s.
Cross-examined. There were a good many persons there, eight or ten, and there was a struggle going on—I tried to drag my friend away, and missed my pin shortly after—to the best of my belief the prisoner took it.
NOT GUILTY .
MR. LANOPORD conducted the Prosecution.
CORNELIUS HARRINGTON . I live at 36, White Street, Bow, and am a brush maker—on Monday morning, 2nd October, between 2 o'clock and 2.30, I was in Flower and Dean Street—I was sober—I saw Carter there—he came across the street, went behind me, and caught me round the neck,
from behind—two more men came on each side of me, and put their hands in my pocket—I was hurt very much, and was senseless for a few minutes—I tried to cry out, but the prisoner grasped me too tight—I had 14s. in my pocket, which the other two men took—they went away, and I did not hear any more of them—after the two men had gone away, the prisoner pulled me back, and I fell—he ran away, and was caught by Conquest—I was walking with Parker when the men attacked me—they dropped some of the money as they were pulling it out of my pocket—she picked it up, but I can't recollect whether she ran away—I was going home with her—she said she would take me to a place, and she took me down that street—she had nothing to do with the violence.
GEORGE CONQUEST (Policeman H 55). On Monday morning, about 2.30, I was on duty in Flower and Dean Street—I saw the last witness there, with Parker—I saw Carter "with several other men, and all at once he seized Harrington round the neck from behind—I heard a faint cry of "Police!" and I ran up with another constable—when Carter saw us he ran away up Flower and Dean Street, and the female took a different direction—I followed Carter and caught him—I brought him back—the prisoner was lying on the ground—he had been drinking.
GEORGE BROWN (Policeman H R 24). I was with Conquest, coming along the middle of the road, when I saw Carter come from the other side—he caught the prosecutor round the neck from behind—we heard a faint cry of "Police!" and as we ran up Carter threw the prosecutor backwards on the ground, and ran away—I saw some money fall, and the other men ran away—I saw Parker pick something up, and she went up George Street—I went after her and said "What have you got?"—she said "Nothing"—I opened her hands and found 1s. 6d. and half an ounce of tobacco—I said "I shall take you for robbing the man"—she said she did not rob him, but she had picked it up, and had as much right to it as anyone else.
Carter's Defence. I was waiting there, and some men rushed past me—the policeman came and took me—I never had my hand near the man.
Parker's Defence. I did not run away from the place—! picked the money up to give to the young man.
CARTER— GUILTY —He also PLEADED GUILTY to having been before convicted in July, 1870*— Eighteen Months' Imprisonment .
PARKER— NOT GUILTY .
THE HON. G. DENMAN, Q.C., and MR. WILLIS, conducted the Prosecution
JOHN ELLIOT FOX . I am a solicitor, practising in Chancery Lane, and a commissioner to administer oaths in the Court of Exchequer of Pleas—in July last I administered the oath to the person making that affidavit—it was not signed in my presence, as far as I recollect—it was signed in my outer office, and brought to me, and the person acknowledged it to be his signature—I administered the oath in the ordinary way.
Cross-examined. I don't recollect the defendant—the affidavit is generally signed in the outer office, and the party comes into my room, and I
swear him in the usual form, that it is his name and handwriting, and that the contents of the affidavit arc true—I am always particular in calling his attention to the signature, and in that way to make him acknowledge it.
Re-examined. I had very little business that day—it was the only oath I administered in that Court—there might have been two or three others in other Courts.
ALFRED WILLIS . I am a clerk in the Law Office of the South-Eastern Railway Company—I am acquainted with the defendant's handwriting—I have seen him write several times—this affidavit is in his handwriting—I did not attend the taxation—after the 24th July I paid Mr. Tanner a sum of money—I have his receipt for what I paid him (Read: "London, August 4th, 1871, received the sum of 236l., being the taxed costs of the plaintiff in the cause of' Day and Wife against the South-eastern Railway Company, (signed H. J. Tanner ")—That sum was paid in Bank of England notes, and one sovereign, I believe. (The affidavit was put in and read.) The particular averment upon which perjury was assigned was "that he had caused to be paid the witnesses in the said action for their loss of time, trouble, travelling, and other expenses in the said action, the sums set opposite to their respective names")—The first name mentioned is Captain Smith, eight guineas—I was present when the bill of costs was added up—I don't think anything was knocked off the expenses of the witnesses—if the witnesses had attended they were the ordinary charges—in the result the amount he received was 241l. 16s. 8d.—there were some expenses they were put to.
ROBERT BOYS . I am a house agent, at Perry Hill, Catford Bridge—I was subpoenaed in the case of "Day and Wife against the South Eastern Railway Company"—I attended at Kingston, and also at Westminster—I have not received from Mr. Tanner, or from any person on his behalf, a sum of 2l. 2s. for two days' attendance at Kingston, and 7s. for mileage, or any part of it—I have not received the whole or any part of three guineas, and 3s. 6d. mileage for my attendance at Westminster—I applied to Mr. Tanner at Judges' Chambers for the money—I can't recollect the date, but Mr. Willis was there with me, and Mr. Wright—Mr. Day was there also—I asked the defendant for the money he had received from the Company for my time and expenses at Kinghton and Westminster—he said "I can't pay you"—there might have been a few more words, but that was the substance of it—I only asked him on that one occasion—he was served with a summons on that occasion.
Cross-examined. I know Day as a neighbour—I have not seen him here to-day—I have known him three or four years—his wife was a co-plaintiff—he resided at Perry Hill, and carried on business in London—I was on friendly terms with him as a neighbour—I believe he brought the subpoena to me himself—he did not say anything to me about my expenses—he merely said he wanted my attendance, or something to that effect—I never applied to Day for payment of my expenses—nothing was said about his paying any portion of the excuses—Day was present at the interview at Judges' Chambers—I went there because I thought Mr. Tanner would be there, and it would be a good opportunity of seeing him—I think it was Mr. Willis told me—I mot Mr. Willis there, as I expected to do—I was not surprised at Mr. Wright being there either—I suppose they knew I went for the purpose of applying to Mr. Tanner for payment—I can't say what they knew it was arranged that we should go there, and that I should apply to; Mr. Tanner—nothing was said about my making it so that his
answer should be heard by those present—I can't say what was Intended—he said he could not pay me, I must apply to Mr. Day—I said I thought it was no use applying to Mr. Day as he had had the money—he did not say anything about Mr. Day being the person who had agreed to pay the witnesses—he said "Apply to Mr. Day," and he walked away—ho said that aloud.
Re-examined. That was the only time I was at Judges' Chambers.
WILLIAM WRIGHT . I am an articled clerk with my father, who is A solicitor, at 8, New Inn—I know the defendant—I went to Judges' Chambers on 16th August, with Boys—Mr. Alfred Willis was there—I asked the defendant whether he was going to pay me my expenses for attending at the trial—he said he did not know me—I said "Well, attending at Westminster"—I was an acquaintance of Day, the plaintiff in that cause—I had attended to give evidence, but was not called—I was under the impression that I was entitled to payment—he said he could not have anything to do with me, as my name was not down in the list—I heard Boys ask to be paid—first of all Tanner said he must look to Day, and then Boys said "Am I to understand that you won't pay me?"—he said "I shall not par you; I have had no money, and I shall not pay anyone till I do"—I dont remember anything more.
Cross-examined. I should think Mr. Boys could hear that as well as me—he was as near as I was—he did not say that he would not pay Mr. Boys, or any of the witnesses, and that Boys must go to Day for payment—he said he had not had any money to pay with, and he should not pay till he had—his words were "I have had no money to pay, and I shall not pay till I do"—he did not say he had had no money for witnesses, and they must go to Mr. Day—first of all, as I said in my examination, he said "You must look to Day, and afterwards he said he had had no money at present, and he should not pay till he had—I took a note of what was said—I did not go for that purpose—I was refused my own expenses, and then Boys went up and applied for his—I did not pull out my note-book then—I made a note when I got back to my office—Mr. Tanner did not say, last as well as first, that the witnesses must go to Day for payment—he did say so in the first, instance—he said "I have had no money"—I inferred that he meant he had had no money to pay the witnesses, because that was what we were talking about—Mr. Willis could hear what was said distinctly—he said, in Mr. Willis's hearing, that he had received no money at all—I did not know what the South Eastern Railway had done—I heard the receipt of 4th August put in, allowing that 286l. was paid—this was on the 16th.
Re-examined. Boys had asked him questions—I know he was a witness in the case—I have not got the memorandum I made—it was taken to Bow Street, and was lost there.
ALFRED WILLIS (re-called). I was present when the conversation took place, at Judges' Chambers, between Boys, and Wright, and Tanner—I went there, not with the intention of seeing Mr. Tanner—a summons had been made out at Bow Street, and I went to serve Mr. Tanner, and he did not know it—I found Boys, and Wright, and Francis Day, the brother of the plaintiff, there—Mr. Wright went up to Mr. Tanner, and said "Some of the witnesses whom you subpoenaed in the case of 'Day and Wife against the South-eastern Railway Company,' say they have not been paid"—I did not hear Mr. Tanner say anything in answer to that; but Mr. Boys went up at the same time, and said "Will you pay me my expenses in the case of Day
and Wife, which they say you have received?"—Mr. Tanner turned away, and I understood him to say "I won't pay you."
Cross-examined. I did not hear him say "You must go to Mr. Day"—I did not hear him use Mr. Day's name—he said "I won't pay you," and turned away—I served him with the summons directly afterwards—that was a summons to attend at Bow Street for the perjury—I did not attend the taxation of costs, but I went to meet Mr. Stevens, and I was just in time to add up the bill—Mr. Stevens is the managing clerk in our office—a summons was taken out afterwards, to review the taxation—the costs were taxed on 24th July, and I suppose the summons was taken out about three days afterwards—that would be the 27th—I did not see the defendant when that summons to review was taken out—it was served by one of the clerks in the office, and he instructed Counsel to attend—I think there was only one summons to review, and that was with reference to the doctors' fees—I don't think there was any other—I don't think Mr. Day was in communication with our office before the summons was taken out—I don't think I had spoken to Mr. Day—at the time of the summons to review the taxation, I don't think we had received any information that the witnesses, or some of them, had not been paid—I believe there were two summonses, now I come to think of it—there was a summons to review the master's taxation, I think, and the other to review the expenses of the witnesses who attended at Kingston, but they were settled at the same time—I don't think there was a summons taken out after that, and abandoned—I don't know the date of the second summons—I say they were both heard at the same time by Mr. Baron Cleasby—I paid the defendant the money on 4th August, the date of the receipt—I think I had seen Mr. Day at that time—I had not received information at that time that the witnesses had not been paid; if I had, I would not have paid the money—I don't know whether I had seen Day myself; I don't think I had any conversation with him—I did not have any conversation with any of the medical gentlemen—I attended to this matter under Mr. Stevens.—at the time the money was paid, on 4th August, I had not been informed by Day that the witnesses had not been paid—I had no reason to believe they had not; I believed they had been paid by Mr. Tanner, directly or indirectly, the medical gentlemen as well as the others—the action brought against the Company was resisted strongly throughout—they knew that we meant to fight the case—I think the claim was 2000l. for the husband, and 1000l. for the wife; 3000l. altogether—we resisted on the ground that there was no cause for the action, and they were not injured certainly to the extent they claimed—to a certain extent it was a fraudulent claim, an exaggerated claim, and it was fought in that spirit throughout—the evidence was given on Saturday, 24th June; the taxation was 24th July—when the bill of costs was taxed, it was 3 o'clock in the afternoon, and it was impossible for us to pay the amount; and by 11 o'clock the next morning the Sheriffs were on London Bridge Station—the Judge ordered him to return us the expenses, about 20l.—he put the Sheriff in on 25th July—we received a notice from Mr. Day, on the 25th or 26th, to pay him the money, and not Mr. Tanner—there was a verdict for 300l.—Mr. Day, through his attorney, took out a summons to show cause why the amount had not been paid into Court—we attended that summons, and Mr. Baron Cleasby ordered that the damages should be paid into Court, subject to any rival claims—I believe Mr. Day had changed his attorney—I
believe the money is lying there now, but I hare not been to search—I only paid Mr. Tanner 236l.—I think the total amount for the costs of the medical witnesses is between 108l. or 110l.—the bill of costs would be between party and party—I don't know that gentlemen of the eminence of Dr. Hancock do not attend trials without their expenses are guaranteed—the total amount here between seven and eight doctors, is 28 guineas; but there would be other large fees—I should be very much surprised if the costs out of the pocket of the solicitor amounted to 200l.; I should think it would be more like a quarter of that sum—I should think 50l. would cover it.
Re-examined. With regard to the costs out of pocket, supposing he got 300l. damages, he would charge the plaintiff a certain sum for the costs, except those he could recover upon this affidavit, and when I paid him that 236l., I believed he had paid all that sum—the reviewing of the taxation was with reference to the medical fees, not the other fees, and I paid the defendant the 236l. on the belief that that sum had been paid by him.
HENRY AMER . I am a builder, at Perry Hill, Catford Bridge—I did not attend at all at Kingston, on the trial of the cause of "Day and Wife, and the South Eastern Railway Company"—I was not subpoenaed—I attended at Westminster three days—I have not been paid 1l. 10s., and eighteen miles 7s., or any part thereof, in respect of my attendance, or supposed attendance, at Kingston—I have not been paid 2l. 5s. and 3s. 6d. mileage, in respect of my attendance at Westminster, or any part thereof.
Cross-examined. My father's name is George Amer—he attended one day at Kingston—he is a master-builder, and so am I—I am in business with him—I believe he only attended one day. (There was no charge for George Amer in the bill of costs.) I found a subpoena at my house when I went home—I don't know whether Mr. Day called.
WILLIAM SEARGER . I am a butcher, living at Perry Hill—I did not attend at Kingston at all, at the trial of "Day and the Southern Eastern Railway Company"—I attended at Westminster three days—I have not received 2l. 5s. for attendance, and 3s. 6d. for expenses on that occasion, or any of it.
Cross-examined. Mr. Tanner's clerk subposnaed me—I saw Mr. Day before it was served—I see him every day—I knew him—he had not called on me before I was served—I saw Mr. Tanner the day I was subpoenaed, a day or two before the trial—Mr. Day had not called on me before I saw Mr. Tanner, but he had seen me at Perry Hill, and we talked about it—he might have taken down what I could prove, but he did not show it to me—I saw no paper, and I did not see him make any memorandum—he did not write anything in my presence—he was with me an hour, perhaps—he was not speaking to me about my evidence, or about my expenses in going up—I said nothing to him about my expenses, and he said nothing to me—he did not say that he would pay them, or that he would see them paid.
Re-examined. I have heard since that Mr. Tanner has received 2l. 5s. for my expenses—I heard that in August—I don't recollect who told me.
JOHN NICHOLAS SMITH . I am a stationer, at Dover Road, Borough—I was subpoenaed to attend at Kingston, in the case of "Day and Wife against the South Eastern"—I was at Kingston two days—I was also subpoenaed to attend the trial at Westminster—I was there two days—I have not received from the defendant 1l. 10s. for two days, and 5s. mileage for my attendance at Kingston, nor any part thereof—I did not receive from him 2l. 5s. for three days' attendance at Westminster, nor any part thereof.
Cross-examined. Mr. Tanner himself served the subpoena probably a week before the trial—Mr. Day was with him—I did not see Day again till we were at Kingston—Mr. Day asked me to go round to Mr. Tanner about my evidence, which I did—he asked me two or three questions, and gave me the subpoana—the first day at Kingston, Day asked whether I wanted any money—I said it did not matter, because I knew he had a great many expenses, and I told him whatever the Company allowed I should expect, but I did not want him to pay any then—I don't think Mr. Tanner was present—Day told me he had a great many expenses with regard to witnesses, and I naturally supposed he had.
Re-examined. I did not know that on 24th July Mr. Tanner had sworn he had paid me the sum mentioned.
JOHN BOLLIVANT . I am a wholesale stationer, at 96, New Park Street, South wark—I was not subpoenaed at all to attend the' trial of "Day and Wife against the South Eastern Railway Company," and I did not attend at all—I did not receive 2l. 5s. from the defendant for attendance.
Cross-examined. I should not think I was the only John Bullivant in the world—I knew Mr. Day—he never mentioned anything to me about his action—I knew him in business, and I have seen him since his accident—I could have given some evidence of the condition he was in—he said nothing to me about giving evidence—I knew there was an action brought by him—he told me so—I never saw Mr. Tanner—I have no idea how he could get ray name.
Re-examined. I don't know any other John Bullivant acquainted with Mr. Day, or any other John Bullivant, a wholesale stationer—neither Mr. Day or Mr. Tanner came to me about the trial—I had no notion that 2l. 5s. had been received in my name as a witness at that trial—I was told of it afterwards, when I was summoned to go before the Police Magistrate.
HENRY HANCOCK . I am Vice-President of the Royal College of Surgeons—I received a subpoena to attend the trial at Westminster; not at Kingston—I was present two days—I did not receive anything for my expenses until a date long subsequent to 24th July—I received twenty-five guineas on the day before the investigation at Bow Street—I think that was 22nd August—I received it from Dr. Tanner—it is not true that I attended three days, nor that on 24th July I had received anything—there was no agreement about the 25l.—that is my usual charge.
Cross-examined. I think I was examined the second day; there was a horse case on the day before, which I attended—I believe the case was in the list three days—the first day I was not called, and I attended the second day, and gave evidence; the verdict was given on the third day—after I had given my evidence, I turned round to Serjeant Parry—I was sitting under him, and he gave me leave to go—I had no personal communication with Mr. Tanner on the subject—I think I said to Serjeant Parry "Now I may go, I suppose?" and he told me I might go—Mr. Tanner may not have been aware of my absence—I received the cheque for twenty-five guineas from Dr. Tanner, who called me into the case; where a medical man identifies himself with a case, and communicates with other medical gentlemen, it is the usual practice to look to him for the fees; we look to those who call us in not to pay the money out of their own pocket, but to obtain the fees—I looked to Dr. Tanner, and he did pay me a cheque before these inquiries were instituted—Dr. Tanner is the defendant's cousin.
Re-examined. I should not have brought an action against him if the
money had not been paid—at the time I left the Court the defendant was at the end of the bench, I think—I had gout in my foot, and I was sitting underneath Serjeant Parry, and I asked him, as being nearest to ma—I went as soon as my own evidence was over.
ROBERT LANCASTER . I am a tailor, at Grove Road, Forest Hill—I was not subpoenaed to attend at Kingston on the trial of "Day and Wife against the South Eastern Railway Company," I was not subpoened at Westminster, but I attended at both—I was at Kingston two days, and Westminster eight—I have not received from the defendant a sum of 2l. 6s. for three days' attendance in London, and 4s. mileage, or any part thereof—I have asked him for my expenses since the trial, I think it was about the 8th or 9th of August—he said I must apply to Mr. Day, that he could not pay me—I asked him the reason why, and he said I was to apply to Mr. Day for the money—I am positive Mr. Tanner never paid any part of my claim.
Cross-examined. He said I must apply to Mr. Day for it—I said it was a hard case, and Mr. Tanner then said it was not his fault, he could not help it, and Mr. Day would have to pay it—he did not tell me that Mr. Day had undertaken to settle with the witnesses—it was Mr. Day that I saw about attending—Mr. Day is a relative of mine—he married my stepdaughter—I have seen him here to day.
Re-examined. No one had undertaken to pay me at all, and I have never got any payment.
AARON SMITH . I reside at Cambridge' Street, Pimlico—I am an owner of ships, and have been a captain of ships—I attended this trial of "Day against the South Eastern Railway," for two days at Kingston, and three days at Westminster—I never received two guineas for my attendance at Kingston, and 10s. 6d. for expenses, or three guineas for the attendance at Westminster—I have never received one farthing—I advanced 35l. to pay witnesses with—I have applied to Mr. Tanner for my expenses, since the trial—he said he had got no money—I said "What have you done with the 35l., you rascal"—he gave a bill to me and the bill was dishonoured—I said "I know you have got the money, because I have been told so"—he said "I have got no money"—I said "What, you rascal, are you going to rob me of my expenses as well as the 35l."
Cross-examined. I am Day's grandfather—I know that he has had the expense of getting up this case, and bringing it to this Court—I know that he did not undertake certain expenses to bring the action into Court, because he had not got the money to do it—the bill I have referred to was drawn by Day on Mr. Tanner—Day did not give his indemnity against it that he would meet the bill—this is not my writing—I believe it is Tanner's—I think the signature is Day's—Mr. Day is here—he would know—I did not know that the bill was to be met by Day, and the money expended towards the costs of witnesses—I was sure that he could not meet it—I knew nothing of any such agreement, I would not have advanced the money if I had—when I saw Mr. Tanner, he did not say I must look to Day for payment—he said he had got no money to pay me—I gave the money for that bill, 35l.—I did not charge any interest.
Re-examined. I knew that Day could not pay the expenses.
GEORGE TREW . I am a licensed victualler, at Perry Hill—I and my wife were subpoenaed as witnesses to attend the trial of" Day and Wife" at Kingston—we were there two days, and I also attended at Westminster three days, and my wife two days—I have not received from the defendant, or anyone on
his behalf, a sum of 1l. 10s. for two days at Kingston and 7s. mileage, or any part there of, nor has my wife received 1l. 10s. for her attendance, and 7s. mileage—I have not received from the defendant a sum of 2l. 5s. for three days at Westminster, and 3s. 6d. mileage, nor any part thereof; nor has my wife received 2l. 5s. and 3s. 6d. mileage, or any part thereof.
Cross-examined. I believe Mr. Day left a half-sovereign with my wife with the subpsena—I said it was impossible to leave our business, and Mr. Day left the subpoena with my wife—Mr. Tanner spoke to me about giving my evidence—I did not apply to Day for any expenses—he led me to understand that Mr. Tanner would leave the money as soon as the bill of costs was taxed, and he would pay the witnesses—that was three weeks or a month after the trial—I had no conversation with anybody before the trial about my expenses.
JOHN MILLS . I am a builder, and live at 7, Princes Street, Stamford Street—I was subpoenaed to attend the trial at Kingston, and I attended there two days, and three days at Westminster—I have not received anything on account of my expenses—on the first day at Kingston I saw Mr. Day, and I said I had been subpoenaed and had not received any money, and if my business interfered I should not come; and to secure me, he gave me a sovereign with the subpoena—I never received 2l. 5s. for my attendance on the second occasion, nor 1l. 15s. for the first—I heard that Mr. Tanner had received those sums on an affidavit—I went to Mr. Tanner's office, but did not see him, he was never at home when I went.
Cross-examined. I never went to his office to give evidence, and I did not give any evidence to Mr. Day at all—I knew Day by living in the same street and carrying on business there—I did not have dealings with him in any shape or form—I don't remember that I had any communication with Mr. Tanner at any time—the subpoena was left with my wife.
The following Witnesses were called for the Defence.
DR. JOHN TANNER . I am a surgeon and M.D., practising at Newington—I was engaged in the case of "Day and Wife against the South Eastern Railway Company;" in fact, I attended the whole time—I communicated with other medical gentlemen, and appointed consultations to see the plaintiff, in my letters, to the payment of their fees—I made myself personally responsible to all the medical men who were engaged, and I considered myself to be responsible for their fees—I saw the defendant concerning the medical witnesses, and I showed him one of the letters which I wrote, and I told him I had made myself responsible—the defendant, who is my cousin, has transacted all my legal business since he has commenced practice—he was qualified when he was twenty-one, and he is now about twenty-two—I think for eighteen months he has transacted all my business, and I have been satisfied—he has borne the character of an honourable, upright man.
Cross-examined. I am not sure that I knew Day before the accident happened—I had seen him, I know—I had attended his brother for years—I believe he had never been ill before the accident—he said so—I did not recommend him to bring the claim—I am certain I did not—I did not express any opinion as to what he ought to recover—I won't be certain whether I advised him to employ my cousin as his attorney—I won't be positive, but it might have been so—I think I have had one railway case with my cousin since he started, and there were two
actions against the General Omnibus Company, in which I was concerned with him—I did not tell Day that nothing should be charged him except what he got out of the Railway Company—I am certain I never told him anything of the kind—I never told him that if he was unsuccessful he would have nothing to pay in the shape of costs or Counsel's fees—I did not know that my cousin had made that arrangement with him—there was nothing of the kind—this letter is in my cousin's writing" In the event of your being unsuccessful in the action, I undertake to charge you nothing in the shape of costs or Counsels' fees," that is his writing—I had not the slightest idea of any such arrangement between him and Day—I made myself responsible to the medical men, but I certainly believed that I should be paid by Day any money that I might have been out of pocket—I was given to understand that I should be repaid anything I made myself responsible for—there was no understanding or agreement, that the remuneration of the medical witnesses, or of myself as one of them, should vary according to the amount recovered—I was never a party to any such document or agreement, nor was I aware of any—there was an understanding between Day and my cousin that Day should make himself responsible to me if I made myself responsible to the medical men for their fees, and that I should receive something in consideration—I don't recollect that that was to vary according to the sum recovered, it is quite possible it might have been so—I should have paid all the fees to the medical men, if it had not been for this case being on—they would not receive their fees until I had received the money to pay them with—I paid Mr. Hancock 25l.—I have paid no one besides—they would not accept their fees—I don't recollect whether I'was aware at the time I paid Mr. Hancock that the Company were complaining that the defendant had stated on oath that he had paid certain sums which had not been paid, but that did not actuate me in paying Mr. Hancock—it is quite possible that Dr. Palfrey had been to me and said that the solicitor to the Company was complaining of this—this charge was quite fresh to me when I came from the country—I was quite unprepared for anything of the kind—it is quite possible I heard it before I paid Mr. Hancock, but that did not actuate me—I will say that I did know it—I paid him after I came from the country, and then it was this charge was made—Dr. Palfrey spoke to me about it, and I offered him his fee and he would not take it—I had done so before.
Re-examined. I had offered Dr. Palfrey his fees before there was a suggestion of any proceedings of this kind—there was no agreement between myself and the various medical gentlemen that the fees should vary according to the amount recovered—I believe that applied entirely to myself—it was in consideration of my making myself responsible—whether the case was lost or gained, I was responsible, and I should have had to pay their fees—it would have been the same in any case—there was a distinct arrangement between my cousin and I that I was to find the money for the medical men, and see them paid, and they had it in black and white from me—that was known to my cousin before he made that affidavit—I was prepared to have paid all the medical men, but for the interposition of these inquiries—that was the only reason I would not move in the matter—they would have all been paid in the first instance, and they know it.
JOSEPH STOODEN . I am clerk to the defendant—I recollect this action of "Day and Wife against the South-Eastern Railway"—I saw Mr. Day frequently at the office—this subpoana for the attendance of Mr. Bullivant
is in Mr. Day's writing—I served most of the subpoenas, but Mr. Day served Mr. Bullivant's himself, being an old friend—I believe Mr. Tanner has served Mr. Day with a bill of costs—I can't tell what the amount out of pocket would be in this case—the costs of the medical men amount to over 200l.—I should think Mr. Tanner alone could answer the question about the costs out of pocket; I cannot—Mr. Tanner did a great deal himself—I don't know of any arrangement between Mr. Day and Mr. Tanner as to the payment of the witnesses—I don't recollect when the affidavit of increase was prepared by Mr. Tanner—I did not draft it—I believe this document is in Mr. Day's writing.
Cross-examined. Mr. Day is in Court.
JAMES PALFREY, M.D . I have attended here to-day as a witness for the prosecution—I had no subpoena, but I received a letter from the South-Eastern Railway Company's solicitor—I had a communication with Dr. Tanner about my giving evidence in the action, and he made himself responsible to me for the amount, both verbally and by writing—before this matter was inquired into at Bow Street, the prisoner tendered me the amount of my medical expenses repeatedly—some question arose as to Mr. Day's solvency, and I asked Mr. Tanner, "Is that man Day all right?—he said "If you have any doubt, you had better call on Dr. Tanner, and he will pay your fees"—he told me several times that if I called on Dr. Tanner I should be paid my fees—I was perfectly satisfied to look to Dr. Tanner for them, until Mr. Stevens called on me some time before the 4th August—he met me in Finsbury Square the second or third week in July—I had known Mr. Stevens some years—he asked me what fees I had had in Day's case—I thought he was joking, and I said "You know very well the fees are all right"—he said "What have you had?—I said "Actually, I have not received my fees, but they are guaranteed to me by Dr. Tanner"—I was in a very great hurry, and left him—I have known the defendant since he was a little boy—he is now about twenty-two—since he was a little boy till this moment, he has borne the character, amongst those who knew him, as an honest and truthful man—his brother is a physician, now practising in Edinburgh, and an old pupil of mine.
Cross-examined. This letter is my writing—I sent it to Mr. Stevens on 1st August—(Read: "My dear Mr. Stevens. I thought it right to let you know that Mr. Tanner has called here, and paid me the whole of my fees in the case of 'Day and Wife.'")—I have not expressed anxiety about getting my fees—after Mr. Stevens called on me, and the conversation took place I have told you of, the following morning Mr. Day called, and made some statements to me, that I have proved to be untrue, concerning Mr. Tanner—he said that Mr. Tanner was about to leave the country—Mr. Stevens gave me to understand that Mr. Tanner had been behaving dishonourably, and I said "You will look after my fees, won't you? and he said he would, and I thanked him for what he had done, and I should do so again—Mr. Stevens said that he had an affidavit that I had been paid some guineas, and that created, at first, an unfavourable impression on my mind; but it is removed now, and I would trust Mr. Tanner with thousands at this moment—I did not call my wife down, and request her to go at once, and get the money from Mr. Tanner—I requested her to go and warn him of what was going on, and she did so—I have been paid by a bill of exchange—I don't recollect that I said to Mr. Stevens that I would take no further steps in the matter before I had been to Dr. Tanner—Dr. Tanner was 150 miles
away in the country, at the time—I told Mr. Stevens that he had guaranteed my fees from the commencement—it caused me great anxiety, at first, that the medical men, having been introduced in more than one instance by myself, could not get their fees.
Re-examined. At that time I had not had a personal interview with Dr. Tanner about it—he was in the country, and there was no opportunity of getting an explanation—I saw him within two hours after he came back from the country, and then I was perfectly satisfied, and had not any fear for myself or any of the other medical men.
WILLIAM RICHARD STEVENS was called on hit subpoena, duces tecum, to produce the affidavit of Mr. Day. He stated he had not been able to find it, at the subpoena had only been served on him that morning.
The prisoner received a good character from two other witnesses.
NOT GUILTY .
FOURTH COURT.—Wednesday, 25th October, 1871.
Before Robert Malcolm Kerr, Esq.
746. JAMES GLOVER (57), PLEADED GUILTY to feloniously forging and uttering an acceptance to a bill of exchange for 55l. 15s., with intent to defraud— He received a good character— Twelve Months' Imprisonment .
747. BENJAMIN DAVIS (21), and JOHN SMART (19) , Unlawfully forging and uttering a printed ticket purporting to be a ticket entitling the bearer to admission to a theatre with intent to defraud. (See page 566).
MR. MOODY, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
JAMES AVERY . I am in the employment of Mrs. Catherine Judkins—about a fortnight before the prisoner was taken into custody he sent me to Mr. Watts' house, at Broad Wall, with a box tied up in brown paper—I saw the brass taps and valves in the box—they were obtained from Mrs. Judkins' drawer—I don't know how many—the box was about a foot long by a foot deep—Mr. Clairmont sent me out—when I came back I found the box tied up—I carried it to its place—on one occasion prisoner sent me to Lovejoy's, in Long Lane, with a brown paper parcel—that was previous—I don't know what it contained—it was not hard—on Wednesday, 27th September, he gave me a box to plant in a dark place under the steps in the cellar, to hide—he told me to take it when I had spare time on Saturday to his house in Broad Wall, Blackfriars, prisoner lives there—the parcel was heavy—I did not know what was inside—I have been twice to prisoner's house, and once to Lovejoy's.
Cross-examined. They were not doing repairs and clearing out in consequence—I saw Clairmont take the valves and taps, and put them into a box—the ceiling had been repaired, not whitewashed, but plastered.
EDWARD CLARE . I was in the employment of Mrs. Judkins, as errand boy—I have at times, by prisoner's direction, melted up lead pipes and run them into moulds, and made them into thick bars of lead—I took the lead to Dale's, of Bear Lane—I did not receive the money.
Blackfriars, and found a box containing this quicksilver, these syphon taps, and some locks, and a quantity of brass—I took the prisoner into custody telling him it was for stealing brass taps and other goods belonging to Mrs. Judkins—he said "Some of the property belongs to me."
EDWARD RANSOM . I am manager for Mrs. Judkins' shop, on Ludgate Hill—I have seen all this property; property of this description has been missed—these syphon taps are made specially for our firm—the lead is cast in our mould—the other things are such as we use in our business.
Cross-examined. Prisoner came into Mrs. Judkins' service eleven months ago—I do not know that he had previously been in business on his own account—I did not engage him—his hours were from 8 to 7 o'clock—I do not know he had materials belonging to himself—he had tools—Messrs. Fairfax, of Birmingham, make the taps—the only mark about the lead is that it is cast in our mould—Mrs. Judkins arranged on 27th September for repairs to be done to the shop—there were no wages due to prisoner except two or three days in that week—the office we about 200 yards from the shop—Mrs. Judkins manages the business—there are seven or eight persons in her employ—the prisoner was a gas-fitter and regulator—I did not take stock—it is taken once in three months—it was last taken on 30th September, after prisoner was in custody, and before that, in June, by Henry Cole—I cannot speak positively about the other things. Re-examined. Prisoner had no right to melt piping and sell the lead.
HENRY COLE . I did not take stock, nor part of it—I recognize these lots by having given them out—the taps are made for a particular purpose by having this hole in—I can swear positively to them—I gave out quicksilver to the prisoner—he ought to have returned what he did not use.
Cross-examined. I did not give order for the manufacture of these taps—the shop was being cleared out—Clairmont was told to clear all the things away into Ludgate Hill—he worked in the shop itself—he was there with the boy only at the time—he would have to make up the regulators, and put the pipe together.
Re-examined. That should be done at the shop, and nowhere else—the moving commenced on the Monday in the week—the prisoner was taken into custody—he was not authorized to melt lead, or send away boxes.
CATHERINE JUDKINS . The boy Avery was in my service—in consequence of something he said to me, my stock was examined—we found things deficient—I have no doubt that property is mine—we use those things in our general business—the prisoner had no right to take any away, nor send any away, nor to sell quicksilver—the name Judkins is on the padlocks.
Cross-examined. The prisoner entered my employment in March—he contracted to make gas regulators at a fixed price, I finding locks, taps, and castings—the prisoner found the iron—they were paid for each week as he brought them in—there was never any alteration made in the price, nor asked for—he gave my manager a week's notice, and I said "Let him go he asked me to let him remain—I consented because of his family affliction—he had already misbehaved, and it was agreed he should leave at a moment's notice if he misconducted himself—that was on the 23rd—he superintended some work at the Crystal Palace for me on the Monday—he would get materials from my place at the Palace—I had nothing to do with handing them out—I went to the Crystal Palace myself.
master's shop several times as a customer—on 9th June he brought some old lead in a barrow—he represented himself as Mrs. Judkins' manager—he sold some lead, two quarters three—I have not seen him since, except at Guildhall—this is like the lead that was sold—I paid him.
Cross-examined. He gave his name as Clairmont—the first transaction was some months ago—he ordered some castings, and produced Mrs. Judkins' card.
WILLIAM BRIDEN . I am a licensed victualler, and landlord of the Oxford Arms, Warwick Lane—on the 23rd September prisoner came to my place, sat down, took out two bottles, and placed them on the table—he stayed about half-an-hour, and then said "I want to run round to the office, would you oblige me by putting these on one side"—I said "Yes, certainly," and did so—he did not come back, but was taken into custody, and the bottles remained in my possession.
Cross-examined. It was about 11 o'clock.
Cross-examined. This is the box the prisoner put the things into—I don't know that prisoner had to supply valves.
Witness for Defence.
HARRIET SIMPSON . I live at 14, Wall Street, Blackfrian Road, about four minutes' walk from prisoner's house—on September 23rd I happened to be in the Oxford Arms, a lad brought in a box without a lid—the lad went out, and prisoner's wife went to the box, took the paper off the top, and took out a lot of papers—she must have emptied the box—all she took out were papers—on the 30th September I was there also—Mr. Joyce came in—a conversation between Joyce and Mrs. Clairmont took place—I did not see any box.
Cross-examined. I did not see any box on 28th September. Prisoner. The box contained my overalls and jackets—the taps and other things belong to me, and were used in my former business; the quicksilver was given me by Mrs. Judkins at the Crystal Palace, and was what remained. I had to superintend some work, and declined to do it because of my unsettled state. The tools were given to me to complete the work; the lead I sold to Dale is what remained of my late business.
He further PLEADED GUILTY to having been before convicted.**— Seven Years Penal Servitude .
MR. STRAIGHT conducted the Prosecution; and MR. BESLEY the Defence.
IRVINE DE LISLE . I am a physician, and reside at Bridge House, Kingston-on-Thames—in consequence of seeing a newspaper advertisement I went to Dean Street, Soho, and saw the prisoner Wicks—I told him I called in reference to the advertisement—he made excuses, and said the owner of the horse had gone to Richmond—I asked if he had a horse there that would suit me—he said he had one four years old, and knew its history, mentioning the name of a railway contractor as its late owner, that it was very quiet, and would stand at the door of a house without requiring anyone
with it; it was thoroughly sound—when I asked him about the speed, he said it would go ten miles an hour if put to it, but was not a fast horse—he said a lady had taken it out in Oxford Street with no one with her—I liked the horse because it was quiet—he asked me if I could not come the following day—I did not think I could, and he promised to bring the horse down, which he did not do—that was on Monday, 11th September—I called again, and saw Wicks, who took me to the stable, where I saw Quint and the horse—they showed me this warranty—the price was 15l.—I agreed to buy the horse, with a trial—(Read: "London, September 11th, 1871. Received of Mr. De Lisle the sum of 16l. for my bay cob, six years old, which I warrant sound, quiet to ride, quiet in single and double harness, and to carry a lady, and free from all vice, and if not approved of at any time within fourteen days the horse may be returned, and the cash given back at the same time (signed), W. H. HALL")—The groom gave me that paper—I went to some business men, as I had not the money in my pocket, and obtained a cheque for the amount, and paid it to the man, and rode the horse home that day—he was too quiet going home, and was a long time getting down—the following day I put him in saddle—he seemed quiet till we had a dispute—he wanted to go one way, and I wanted him to go the other—he stopped about five minutes without moving, I lashing and spurring him—he suddenly threw his back up, and butted all round the place—he was one of the worst buck-jumpers I ever saw, although I've ridden some bad ones in Australia—I rode him that day, and on the following put him in a gig—he would not draw it out of the yard—at last he did, and stood at the front door—I got in the gig, but the horse would not start, but threw down his head, backed the gig against the wall of the house, and when he could go no further, lay down—I showed the horse to Mr. Moon on the same morning, the 13th September, and he told me the horse was unsound, a screw—I took the horse back to Dean Street, and saw Wicks, and asked for my money—he said he had nothing to do with selling the horse, and the groom to whom I paid the money had gone away to New-market Races, I think he said—he gave me an address to write to him—I noted the place, and applied for a warrant, and afterwards received a letter (Read: "25, Dean Street, September 18th, 1871. Dear Sir,—In answer to yours, I beg to say I am sorry to hear that the cob does not suit you. I have no use for her at present. Will you be kind enough to sell her, and any loss you may sustain I will make good. I am, yours, W. H. Hall."
Cross-examined. I never saw the writer of this warranty—I have had much experience in riding, but not in buying horses—I expected my money's worth—I borrowed a saddle, paying a deposit on it—I had the horse sold at Kingston for convenience, by a butcher and my boy, for 5l—I was deceived by the warranty, the statement of the man who gave it me, that he was Hall's groom, and also what I heard from Wicks, that he was the livery stableman.
Cross-examined. There was a dispute whether he was properly sold, and someone wanted to give 10s. more for him.
GUILTY . Twelve Months' Imprisonment each .
750. ARTHUR GEORGE MENCE (27), PLEADED GUILTY to stealing divers bank notes, value together 465l., of Sir Charles Mills, Bart., and others, his masters—The prisoner received a good character— Judgment respited . And
752. HENRY GILES (22), CHARLES FULLER (30), and RICHARD HUDD (37) , Stealing 68lbs. of paper cuttings, goods of Charles Samuel Millington, and others, their masters; and JANE COLE (40) , Receiving the same, knowing them to be stolen.
FULLER and HUDD PLEADED GUILTY — Eighteen Months' Imprisonment each
WILLIAM OSBOBNE (City Policeman). On 26th September I watched Messrs. Millington & Button's warehouse, in Budge Row—I saw Fuller drive up, about 11 o'clock, to a loophole in Size Lane—I had followed him from Lime Street—he often carries goods for Messrs. Millington—Giles spoke to Fuller there—I next saw Fuller in Queen Victoria Street, where he was joined by Hudd—they then drove to Silver Street, Blackfriars Road, and there delivered some paper—they drove to Surrey Row, under the railway arch—Hudd got out of the van—something was given him from the tail-board, which Hudd took through a court, into Friar Street—Fuller then drove on to Gravel Lane—I followed Hudd into Friar Street, where are the premises of Mrs. Cole—the words "Jane Cole" are over the door, and "Marine Store Dealer," and best price given for different articles, named on the board—I went to Gravel Lane, and saw Fuller's van standing outside the Hope public-house—I had lost sight of Hudd, close to Cole's door, and went after Fuller, who was joined by Hudd at the Hope—they separated on coming out—I saw Fuller again on the 29th, about 9 o'clock, at Millington's, in Budge Row—he left there with his van full—he waited in Victoria Street a few minutes—Hudd spoke to him, and walked on—they joined again in New Street, near Blackfriars Bridge, and walked over the bridge together—the van stopped under the railway arch—Hudd did the same as before, looked up and down, and then went back to the van—Fuller gave Hudd a sack out of the van on to his back—there was a bluish stripe on the sack, which was held upwards—the bottom of the sack had been mended—I saw Hudd carry the sack into Friar Street, to Mrs. Cole's shop, and place it on the scales, which were about a yard inside the door—Mrs. Cole and a boy were in the shop at the time—I was not half a dozen yards away when Hudd was brushing himself down—the boy put the weights on, and Mrs. Cole appeared checking the weights—he was in the shop six or seven minutes, dressed as he is now, except his hat—I then followed Hudd to Southwark Street, and made a communication to Smith, the officer engaged in this matter, and returned to Friar Street, and watched Mrs. Cole's premises till 3.30—I was there when she was apprehended.
Cross-examined. The name was "J. Cole," not "Jane Cole"—I was not aware the sack contained paper shavings—there are two shops, with an outlet from one to the other—the next is a second-hand women's cloth shop—I don't know Mrs. Cole's husband, nor that he is in America—I remained in the lower part of the shop when the officers went up stairs.
WILLIAM SMITH (City Policeman). At 2.45, in the afternoon of 29th September, I went with another officer to this house—the prisoner was up stairs—she was called down—I told her we were officers—I said "You have bought some paper, brought this morning in a sack"—she said "I have not"—I said "You have, and you bought some on Tuesday, the 26th I said "I shall search your house"—I went up stairs—she followed with Legg—I told her that the man was seen to bring the paper in that morning, and also on Tuesday—she then hesitated, and became very pale put her hands up to her face, and sank into a chair—she then said "Now I remember, I did buy some this morning;" or words to that effect—I said "Where is it?"—she said "Behind the counter, in the shop"—we went down stairs, and she pointed out the bags—I said "Do you know the man who brought them?"—she said "I do not"—the boy at the back of the counter then said "What a story; he has been here lots of times; several times"—I said to her "Don't you keep a book? have you got it entered?"—she said "No I don't keep a book"—I said "I am desirous of seeing what you gave for them"—she said "16s. 6d."—the bags have been examined by Mr. Hall, and found to contain paper cuttings—they are called shavings—I then commenced searching the house, and found some letters, signed "John Cole"—she said they were from her husband, who had been in America, about six or eight weeks, I am not positive which—she acknowledged buying the bottom bag on Tuesday, and the top one on that morning"—she said "I hope you will not lock me up; I am so confused; I don't know what I am about"—I took her into custody—one bag weighed 74lbs., and the other 68lbs.—Legg weighed them.
A letter from John Cole was ready in which the writer desired to be remembered to "Mr. Williams, the man that brings the paper shavings, and all others."
Cross-examined. I do not know the value of the shavings—I believe I said before the Magistrate "You bought a sack of paper this morning."
THOMAS BOWLASS . I am foreman of the paper cutting department of Messrs. Millington & Button's—the shavings in the two sacks are of the same quality, and would fetch 26s. a cwt, or 26l. a ton—we have contracted for less when the quantity has been greater.
GILES— GUILTY .— Twelve Months' Imprisonment .
COLE— NOT GUILTY .
OLD COURT.—Thursday, October 26th, 1871.
Before Mr. Common Serjeant.
GEORGE CHILDS (Policeman P 43). On the morning of 8th September, about 1 o'clock, I was in South Street, Walworth—the prisoner came driving up with a horse and cart, to Mr. Goldiug's livery stables—I was standing opposite—the prisoner said to me "What are you looking at?"—I said I had a right to look at anyone—he became very abusive—he left the cart,
and for his abusive conduct I took him into custody—on the road to the station he dropped this bag, which was picked up by another constable—on searching him at the station I found three duplicates, and 7s.—he gave his address at Canterbury Cottages, Dover Road, and I went there, with Detective Puttock—I found this bag, containing thirty-two keys, a knife, and a file, and in the front parlour we found sixty-two duplicates, a clock, and a watch, and a great quantity of books.
Prisoner. The keys did not belong to me.
WILLIAM PUTTOCK (Detective Officer). I was following the prisoner, and the last witness—I saw the prisoner drop this bag—I found in it thirty-two keys of different sorts, a knife, and a file—the prisoner said they were not his—I afterwards went to the prisoner's lodging, and found sixty-two duplicates, a pair of cuffs, and a little bag.
WILLIAM GEORGE ERASMUS BAGG . I live at Richmond—I am an architect and surveyor, and have offices at 21, Whitehall Place—on 10th of last August I took my portmanteau with me up to the office—my sister was with me—I put the portmanteau in the outer room—that was 10.30 or 11 o'clock—I did not notice it during the day, but when I went to take it away, about 6.30 in the evening, it was gone—the outer office has a door with a spring lock, opening on to the staircase—there was no one in the office all day—these cuffs are mine—they have my name on them, which I wrote myself—there was also something in the bag belonging to my mother, Selina Bagg.
FRANCIS SPICE . I am assistant to Mr. Hollington, pawnbroker, 25l., Walworth Road—this jacket was pledged on 10th August in the name of John Edwards, New Street, for 7s.—I can't speak to the person who pledged it.
Prisoner's Defence. They were things I bought in the name of Wilson and some I pledged—I bought them of a dealer in Devonshire Square—this bag does not belong to me—I have only got one, and that has my name on it.
MR. COOPER conducted the Prosecution.
ARTHUR PAWSON . I am a barrister, and have chambers at 4, Elm Court, Temple—I identify these three pins and a scarf ring, which lost, with other things worth about 20l. or 30l.—they were safe on 17th February last, at my chambers—I missed them at 6 o'clock that evening—I have not seen the prisoner before.
FREDERICK OHLSON . I am a pawnbroker, at 44, Westminster Bridge Road—I produce two pins spoken to by the prosecutor, and a scarf ring with the stone out—they were pledged on 18th February, for 10s., in the name of George Wilson, 22, Kenningtou Road—I know the prisoner as George Wilson—he had been in the shop before, as a customer.
WILLIAM MOLTKEUX . I am assistant to William Alexander Chapman, pawnbroker, 47, Buckingham Palace Road—I produce one of the scarf pins which was pledged on 23rd August, for 5s., by the prisoner, in the name of Edwards—I can't swear to him for certain, but I believe he is the man.
Prisoner's Defence. I bought the things.
GUILTY — Two Years' Imprisonment .
ROBERT HALE . I live at 18, Whitechapel Road, and am a shoemaker—on, the night, 19th September, about 12 o'clock, I was in Osborne Street, about 150 yards from my own house—I heard a noise behind me of tramping of feet, as if several persons were running towards me—I was about to turn round to see who it was when I was tripped up from behind—I fell on the ground heavily, knocking the side of my face, and breaking my hat—I felt a tug at my watch chain—I put up my hand to stop my watch—I received two or three kicks while I was on the ground, and I remember no more after that—there is a wound on my hand—I missed my watch and chain when I came to myself—I received one kick on the left hand, one on the right knee, and one on the back of the head.
Cross-examined. I did not say anything about the kicks before the Magistrate—I was too ill to talk about it—I gave my evidence as shortly as I could—I had hold of my chain two or three minutes before—I am quite sure I had my watch—when I came a little bit to myself I found there was a constable there—when I first got up I told the constable I had lost nothing—I did not know where I was—the fall was so severe that my senses were gone—I might even have told the constable that I was not hurt, and that I was all right—there was a lad with me at first—he was not at the Police Court—I had left home in the afternoon, about 4 o'clock—I had been out on business; business was over between 6 and 7 o'clock—I was away from home from 7 o'clock till 12.30—my watch was worth four guineas—the chain was gold—I had been into one public-house that evening—I was there something like an hour—I was quite sober—I know nothing about the prisoner.
GEORGE MATTHEWS . I am a confectioner, at 56, Britannia Street—on 19th September, a little after 12 o'clock, I was in Osborne Street, Whitechapel Road—I saw seven or eight lads, aged about eighteen to twenty, or twenty-four, in a gang—I saw them rush across the road, and attack Mr. Hale—they knocked him down—the prisoner fell on him—I saw him rise up, leave Mr. Hale, and join his companions—the prosecutor remained on the ground about five minutes after he had received the blow—I went across to him, and raised his head off the ground, to sec if he was hurt severely—he had lost his senses completely.
Cross-examined. I did not see anyone walking with the prosecutor before the rush took place—I can swear he was walking alone, because he crossed from the side of the pavement I was on to the opposite side—the seven or eight young men came from the direction of Whitechapel Church—there
was one young fellow coming along a little behind me—I heard the prosecutor say he had lost nothing; but he was so as he could hardly tell whether he had lost anything or not—he said he was all right—he was a perfect stranger to me.
THOMAS BUDD . I am a shoemaker—when this took place I had no proper home, but I live now at Clifton Hill—between 12 and 1 o'clock on the night of 19th September, I was in Osborne Street—I saw the prosecutor going towards Church Street, Shoreditch—I was going down to Whitechapel, to obtain a lodging, when I saw seven or eight young men, such as the prisoner—they pounced on the prosecutor, as if they were playing at leapfrog, and then the prisoner, with a few more, knocked him down—I saw the prisoner kneel on his breast—he got up, and left him—the constable took him close by where I was standing; and as regards the prosecutor not being able to give evidence, I believe it was a miracle he came here at all.
Cross-examined. I saw the prisoner stopped by the constable—the prisoner was the last one to run away—the constable came up as he was making his way off—there was a lad behind the prosecutor, who came up when he was knocked down, and cried over him—Mr. Matthews was standing close by—I did not see the watch, or the chain—I saw a bit of the chain which was found on the spot afterwards.
DAVID ISTED (Policeman H R 28). On 19th September, about 12.20 I was on duty in Osborne Street—I heard a noise, as if some person had fallen—I was on the opposite side of the street—I went up; the prosecutor was lying on the ground—I saw the prisoner leave him, and join five or six others—I was 7 or 8 yds. off then—I seized the prisoner, and took him back—the prosecutor was lying senseless—a woman went for another constable, and the prosecutor was led to the station.
Cross-examined. Budd was there—he raised the man's head from the pavement—the prisoner was making away with the others.
GEORGE BROWN (Policeman H R 24). I was fetched to the spot by a woman, and found the prisoner in the custody of Isted—the prosecutor was lying in the middle of the road—I lifted him, with the help of some of the bystanders—after I got him about a yard away, I found this piece of chain, with the cross-bar, 2 1/2 d., and a collar, which the prisoner said was his, at the station.
GUILTY **— Two Years' Imprisonment .
756. GEORGE JESSOP (66), and RICHARD HARPER (62) , Unlawfully obtaining two rings and a locket of William Pickering, by false pretences. Other Counts—For obtaining goods and moneys from other persons.
MR. RIBTON conducted the Prosecution; MR. A. B. KELLET defended Jessop; and MR. THORNB COLE defended Harper.
GEORGE HOWICK . I am a corn dealer, at 95, High Street, Wandsworth—on 12th September, Harper came to my shop, and asked me to direct him to Cullen & Co.'s, corn dealers, in the Clapham Road—I told him how far it was off—he said Cullen's man had solicited his custom when he came to Battersea, about three years previous, but he had neglected to call on him for the last three weeks; and as he thought it was not his business to run after him, he did not intend to go to Cullen's, and he asked me the price of my corn—I told him, and he said he was going a little further, and he
would call as he came back—he was gone about an hour—he called again about 3 o'clock in the afternoon, and ordered three sacks of oats, and half a bushel of flour—they were to be sent to Mr. Wright's, the Duke of York, York Road, Battersea—there were two other persons sitting in a trap, outside—I did not take notice of them—he said "If you will give me a bill, and put 'Paid' to it, I will pay you"—I made out a bill; it came to 2l. 2s. 6d., and he tendered me this cheque in payment—(This was a cheques for 4l. 16s., dated September 12th, 1871, on the Birkbeck Bank, drawn by G. Mullens, in favour of J. Wright.)—He said "I will trouble you to give me the difference, "which I did, 2l. 13s. 6d.—I should not have given him the cash unless I had believed it to be a genuine check—it has been presented, and there are no effects—the goods were sent, but were brought back again—seeing the cheque was made payable to Mr. Wright, I merely remarked "A big man, a tall man?" and he said "Yes, that is the roan"—I was alluding to a man of that name, who kept the Prince's Head.
Cross-examined by MR. COLE. I did not send the goods to the Duke of York, Battersea—there is no Duke of York—they were sent to the Prince's Head—it was about 1.50 when Harper first called—he merely made inquiries about Gallon's, went away, and returned in about an hour.
FRANCIS RAVENSCROFT . I am manager of the Birkbeck Bank, Southampton Buildings—there is no such person as this Mr. Mullens keeping an account there—we have a customer named Mullens—this is not his cheque or his signature—this cheque was presented, but not paid.
EDWARD CHAMPION . I am a jeweller, in the Walworth Road—on 13th September Jessop came to my shop, with a man named Price—he asked for a wedding-ring—I supplied him with that—he then said he should like a keeper—I supplied him with that—he said he was instructed to come to me by a Mr. Matthey, a friend of mine, who had told him that if he came to me I should let him have the things good, and on the faith of that I let him have the things—he had a gold locket as well—he then asked me for a bill for the goods, which I made out, and he gave me this cheque (produced) on the Birkbeck Bank, for 4l. 16s.—the bill came to 3l. 2s., and I gave him the balance, 1l. 14s. in cash—I saw him endorse the cheque in the shop, in the name of Wilton—(The cheque was dated September 13th, drawn by G. Cole, to the order of H. Wilton)—I should not have changed it had I not believed it to be a genuine cheque; it is crossed—there was a trap outside—I don't know who was in it—Jessop went to the door, and ordered the man to drive on.
Cross-examined by MR. KELLEY. I did not know Price—I have since seen his photograph—nothing was said about a cheque until the payment was made—I asked him to endorse the cheque—I did not ask him to endorse it in the name of Wilton—I asked him to write his own name—my son was in the shop at the time—he served him—I was sitting at work, and I got up and gave him the change—I certainly thought he was Wilton—he signed that name when I asked him to endorse it.
F. RAVENSCROFT (Re-examined). No one of the name of Cole has any account with us—this cheque was presented, and not paid—it is on one of our forms; it comes from a book that was issued to a person named Betts.
HYMAN ROTHENBERG . I live in the Mile End Road, and am a waterproof maker, and deal in all kinds of india-rubber articles—on 13th or 14th September, the two prisoners and a man named Price came together to my shop—they drove up in a horse and trap—Price came in first, Jessop afterwards
and Harper followed them—Harper tried on a mackintosh; it fitted him—he said "Put it by, with the rest of the goods"—Jessop took a coat of the same colour, and tried it on; it fitted him—they each ordered a coat for their own wear—Price told me when he came in that they would pay cash—I made out an invoice and handed it to them; it amounted to 13l. 14s., and this is it; they left it behind them in their hurry—Price gave me this cheque—(This was dated September 13th, for 13l. 14s., on the Birkbeck Bank, drawn by H. Price, in favour of H. Rothenberg, or bearer)—I turned it on the other side, and asked them to put their address on it, and Price endorsed it in my presence, "H. Price, Angel Lane, Stratford, Lake House"—they took away the things—I presented the cheque next morning—I never got any money for it—I then went to Scotland Yard for a detective—I had seen Price before—I should know him again; this is his photograph—after the conversation I went with them to a public-house, and we had a glass of brandy each—it was a good job I did go there, or I should not have found them out—a man there knew them, and told me where they lived—when Price gave me the cheque I told him I would rather have cash, as I did not think much of the cheque—he said he was banking twice a week with the Birkbeck Bank, and it was all right—a customer came in at the same time, who took my attention off, and so I let them go.
Cross-examined by MR. KELLEY. I made out the invoice in Price's name—the dealing was with Price—the others had some of the goods—Price gave me the cheque.
Cross-examined by MR. COLE. I had known Price four years—the only thing Harper had was a coat—he went outside, because he was frightened that the horse would run away.
COURT. Q. Did the other men appear to know Price? A.Oh yes; they were all together; they were all in company.
JAMES BRIDEN (Detective Officer K). On the morning of 16th September, about 1.30, from inquiries I made, I went with Mr. Rothenberg to Sutherland Road, Old Ford—I sent constable Smith to the back of the house, and I knocked at the door—Harper opened the up stairs window—I asked if Jessop was in, and he said "No"—I asked him to come down, and he came down and opened the door—I told him he was charged with obtaining these goods of Mr. Rothenberg—he said he would pay for them; he would pay for the whole—I went in and searched, and found two coats, two rugs, a pair of leggings, and two straps—he said what he had got he had paid Price for—I went down stairs, and found Jessop in the front kitchen, lying on a couch, dressed—after I had got the coats on my arm, he gave me one of the rugs, strapped up—he said what he had got he had paid Price for—Harper wanted to settle the affair; to pay Mr. Rothenberg the money—I told him the cheque was fictitious, and they would have to go to the station—they said nothing about the cheque—I got this photograph of Price from one of his relations.
Cross-examined by MR. KELLEY. After we got to the station Jessop said "By-the-bye, there is a pair of leggings left behind," and I sent the officer for them—he said he had the clothes, but he had paid Price for them—we did not find Price; if we had been about two hours sooner we should have found him.
Tuesday, early in September, Jeesop called on me—he came in a four-wheeled trap—there were three other persons—he came in alone—he asked if I kept wedding-rings—I showed him some—he said they were not good enough, he wanted something stouter—I told him if half-an-hour would do I could get some for him to see—he said he was going to his friend Abbott, just above, and he would call on his way back if I could do it in twenty minutes—I know Mr. Abbott, who keeps the Hanover Arms, Kennington Road—he came back first alone, and afterwards called in Harper—I shewed them three very stout wedding rings—they selected one, and a keeper and a locket; they came to 3l. 5s.—Jessop handed me this cheque—(This was for 4l. 16s., dated September 12th, drawn by G. Ford, on the Birkbeck Bank in favour of H, Wilton)—I gave him the difference, 1l. 14s.—I would not have done so if I had not believed the cheque to be genuine.
Cross-examined by MR. KELLEY. I identified Jessop at the Thames Police Court—he was in the dock—he was not pointed out to me—they were both there—I have no doubt about either of them—it was Jessop who gave me the cheque—it was ready endorsed in the name of Wilton.
Re-examined. This (produced) is the locket I gave to Jessop.
Cross-examined by MR. COLE. It was on 12th September—I don't know whether that was the day of ponder's End Races—their saying they knew Mr. Abbott was one of the reasons why I let them have the things—Harper said nothing about the cheque—the goods were supplied to Jessop.
F. RAVENSCROFT (Re-examined). The drawers of the two last cheques have no account with us; they are all fictitious—they are all cheques from the book issued to Mr. Betts—we have applied to Mr. Belts, and our letters have been returned.
Two witnesses deposed to Jessop's good character, but Briden and Sergeant Ham stated that both the prisoners were associates of a gang of swindlers.
GUILTY — Five Years' Penal Servitude each .
MR. MEAD conducted the Prosecution.
ELLEN HAWKINS . I live at 39, Wellclose Square, with my parents—on Saturday afternoon, 16th September, I was standing at my father's door, about 1 o'clock—I heard a cry of "Stop thief!"—I went to see what it was, when I heard Kidd say to Matthias, "Tip it up"—Matthias handed something to Kidd—I turned round to tell the constable, and Kidd was passing it to Mrs. Cox.
ANGEL HARRIS . I live at 6, Shorter Street, Wellclose Square—on Satur-day afternoon, 10th September, I saw Kidd and Matthias with the prosecutor, one at each arm—he was very drunk—he was trying to get away from them, but they held him by each arm—Matthias took his cap off, and threw it over her shoulder—they let him go to pick his cap up, and he missed his money—the women went away—he went after Matthias, and said "You have got my money"—she said "I ain't"—ho said "I won't let you go," and he held her by her dress—they struggled together—Matthias hit him with the top of her head in the face, to get away from him—he said "I won't let you go; you have got my money"—Kidd,
who had gone away, came back, got Matthias away, and they both ran away together, and the seaman after them—I did not see any more.
RALPH MEYERS . I live at 5, Wellclose Square, and am a cigar maker—I was in Shorter Street on 16th September—I saw Matthias and Kidd there, with a sailor—they were on each side of the man, who was three parts intoxicated—he wanted to get away, and they would not allow him—Matthias had her hand at her side, but I don't know whether she stole anything, but she passed her hand very quickly to her mouth—she had her hand at the prosecutor's breast before that—someone threw the man's cap away—he called out "You have robbed me; give me my money back"—he caught hold of Matthias' dress, and said "You have got my money. Police! Police!"—Matthias said "I have not robbed you; you have got all your money in your pocket"—she put her hand to her mouth, and then put it in his pocket, pulled out some loose silver, and placed a sovereign amongst it, and said "There! there is your money"—she struck the prosecutor, and said "There! you b—wretch! that is because you don't want to pay me"—they struggled, and fell to the ground—the man got his hand in the twist of her hair, and held her by it—Kidd came up, and got the man's hand away—Matthias passed something to Kidd, which she took from her mouth—Matthias ran round Wellclose Square—the prosecutor ran after her and caught her by the gateway—a policeman came up at that moment—I pointed to Matthias, and said "Officer, take that one"—I saw Kidd pass the money to Cox—she came from Ship Alley—I ran after Cox, who was running round the square—she was stopped by an officer—as we were going back, we saw Kidd going up North East Passage—he gave Cox to another constable, and went and took Kidd.
Matthias. Q. Did you hear me ask him to remember himself, and say he had moved his money from his waistcoat to his trowsers? A.I think you did say so—I can swear that you had stolen the money when you ran away from him—I saw a man pick up some money from the pavement—I did not see a watercress woman there—the money came from the man's pocket, when you pulled the silver out—I saw a shilling and a sixpence picked up.
Cox. If I had not picked up the sovereign, you would. Witness. You were not there when the silver was dropped.
Jury. Q. Did you see any money stolen? A.I can't say what she took—the man was leaning back against a wall, and one person at each side—Matthias took something from his breast, and put it to her mouth.
Re-examined. I am certain she took a sovereign from her mouth—she placed it amongst the silver nearest the end of her fingers.
THOMAS TAYLOR (Policeman H 97). The prosecutor was a seaman—he has gone to sea—on 16th September, about 1 o'clock, I was called to Wellclose Square—I saw Matthias, and Kidd, and the prosecutor there—as soon as I got there, the prosecutor said "I give this woman into custody for robbing me of three sovereigns"—that was Matthias—she said "I have not robbed him; I have given him one back"—the prosecutor was drunk—I searched him at the station, and found 1l. 19s. 8 1/2 d. on him.
Matthias. Q. Did I ask you to have the prosecutor searched? A.Yes, and so he was, at the station—you did not say, "I picked one up, and gave it him back."
Matthias' Defence. There was 1l. 19s. 8 1/2 d. in his possession, and with the sovereign Cox had, it would be 2l. 19s. 8 1/2 d. He said in the morning he was very sorry he had locked us up, and he did not think he had lost anything. I do know Kidd; but I never put eyes on Cox before till she was put in the dock at the station.
Cox's Defence. I picked the sovereign up, between the gutter and the kerb. A young man came up to me, in private clothes; he said "What did you pick up?" and I said "A sovereign, sir; but the halfpenny is mine." I thought it was the man who had lost the sovereign; I never saw the other women in my life."
MATTHIAS and KIDD— GUILTY . Matthias alto
PLEADED GUILTY to having been before convicted, in August 1869**— Seven Years' Penal Servitude . KIDD**— Five Years' Penal Servitude .
COX— NOT GUILTY .
MR. WOOD conducted the Prosecution; and MR. GRIFFITHS the Defence.
EDWARD SIMPSON . I am a French and Italian agent; at the time of this case I carried on business at 21 A, Jewin Street, but now I am at 130, London Wall—I have known the prisoner since he was a boy—I took him into my employment somewhere about the end of June, as general assistant—on 23rd September, I entrusted him with 81., to take to the Central Bank of London, 52, Cornhill—it was about 11.50, on Saturday afternoon—I told him to be as quick as he could, and he said he would be back in twenty minutes—he never returned at all—I waited at my office till 7.30, and as I was going home, up Alders gate Street, I met him, half tipsy—I said "Where have you been?"—he said "I met my brother Dick, who, you know I have not spoken to for twelve months, and we made it up to-day; he took me into Cheapside, and bought me some new clothes"—I said "I am glad you have made it up with your brother; but did you pay my money into the bank?"—he said "Yes; do you think I am a thief I"—I bade him good-night, and said "Will you be there on Monday morning?"—he said he should be there at 8 o'clock—I said "No, don't come at 8, come at 9 o'clock"—I was there at 9 o'clock—he did not come, and I did not see him till the Saturday night following—on Saturday, when I was coming from the Post Office, I met him with a man named Milne, arm-in-arm—immediately he saw me he ran up Little Britain, and Mr. Milne gave me this letter, which is in Robinson's writing—(Read: "Mr. Simpson. Dear Sir,—I am sorry to have to ask you to come and see me; I can't really face you any more. If Mr. Milne will tell you where I am, I implore you to come alone. I have not been able to show my face anywhere, fearing arrest; I therefore throw myself entirely on your mercy, should you still wish to carry out your determination, as the imprisonment will be preferable to the torture I am undergoing; but I think your heart is not so hard as that, although mine has been the reverse; but it was the drink that caused it, being the ruin of a good many. However, it will be a lesson to me. I remain, in waiting, yours obediently, T. Robinson."—I then said "Where is he"—Mr. Milne said "Will you give him into custody 1"—I said "No; I have no power to give him into custody; I have no warrant"—I went on with Milne, and saw the prisoner in a court, with his back towards me—I said "What have you got to say for yourself?"—he said "Nothing; I can't speak"—I afterwards gave him into custody.
Cross-examined. I have known him ever since he was a boy—I did not write to his mother and say I was very sorry to commence this prosecution—his brother wrote to me saying that he had heard his brother had made a fool of himself, and wanted to know if it was a fact—I wrote to say it was a fact, he was in trouble, and I said "I am exceedingly sorry for your sake"—I am agent for an Italian firm at Voltara—I keep a banker's-book—I have no books with reference to this case—I don't keep a cash-book, my cash-book is my bank-book—I don't keep a betting-book, and I did not in September—I had an action commenced against me for infringement of bankruptcy—I have been in this Court before—I had a verdict against me—my sentence was six months' imprisonment—I was taken out on a writ of error—it was for buying 1000l. of goods, and giving 900l., which everybody in the City of London does—I was out six months—I went to Westminster Hall; my Counsel was not there, and I had to go back to prison the remainder of the six months—I had not a warehouse in Milk Street—I was agent for Mr. Brown, of Nottingham, in Milk Street, between the time of the writ of error and the trial—there was a warehouse there, and I was only the manager—I know Detective Moss—he came in to inquire after some raw silk, and also some gloves—he searched the warehouse—there were gloves there, but very different to what he wanted—I think the Leger was run on 12th September—this took place on the 23rd—I was at the St. Leger—I knew a Mr. Thomas Pether very well, and also a Mr. Spender—he does a little betting now and then—I still mean to say I have not a betting-book—I have not had any for the last three months—I don't deny that I have made a great many bets—I went down to Goodwood with the prisoner one day—I decline to say whether I obtained a loan from Mr. Keighley, of Foster Lane, before going to Goodwood—Mr. Keighley discounts my bills—I have discounted over 20,000l. with him—I have borrowed over 200l. or 300l. of Mr. Keighley, to clear alabaster stuff—I can't tell whether I borrowed 20l. that day, or whether I lost 19l. at Goodwood—I don't think I did—I did not get any money from Mr. Keighley on that day—if you give me the bank-book I will tell you at once—I don't think I lost 19l. 10s. to Mr. Pether—I won't swear it, I don't recollect—I don't think I bet much that day—I may have had a few pounds on—it is very likely I gave Mr. Pether a cheque for 19l. 10l., it might have been 20l.—I have had one cheque dishonoured through the money not being paid in at the proper time, but I paid it the next day—I remember a cheque of Mr. Pother's being dishonoured—I don't know whether it was in August or September—I think it was for 13l. 10l.—I know I had some bets with Mr. Pether—I don't know what they were, but the money was sent to him before the cheque came back—I did not ask Mr. Keighley to lend me 20l. on an I O U, and he did not refuse—I will swear such a thing did not occur—the prisoner was my servant—I have no book to show that I paid him any wages at all—the books I had belonged to Brown & Co., and had reference to their affairs—I took 45 to 10 about Hannah for the Leger, about two months before I saw the prisoner—it was all paid long before the prisoner came—he did not demand 8l. from me as his share of the transaction—I did not send him about backing horses—he only took the place of a boy when I took him—he used to go on to Freak's, where I sell this alabaster stuff by auction, and run errands for me, and look after the warehouse—I met him in September, and he said he had not had a meal for three days—I said "You shall have a good one now," and
I took him and gave him a good dinner and a half-crown, and part of sour agreement was that he should have dinner and tea with me—he dined with me every day, and if I was not there he had the money—it costs me 25s. a week—I said "Whenever you can get a situation you can leave"—when he came to me he said it was so that he could give a reference.
HUGH WILLIAM JAMESON . I am cashier at the Central Bank of London 52, Cornhill, where Mr. Simpson keeps an account—no sum of 8l. was paid in by the prisoner, or anyone else, to Mr. Simpson's account, on 23rd September, or up to the present time.
GUILTY.—Strongly recommended to Mercy by the Jury and Prosecutor, Four Days' Imprisonment .
FLETCHER PLEADED GUILTY .
MR. ST. AUBYN conducted the Prosecution; and MR. A. B. KELLEY defended Moore.
WILLIAM JOHN FLUISTER (City Detective). I produce twenty dozen rules, five dozen dinner knives, and a quantity of other tools mentioned in this list—I got them from 98, London Road, where the prisoner Moore lives—I received them from Moore on 16th and 20th June—on 12th June I went to Messrs. Ross's warehouse in Houndsditch—I saw Fletcher there, and had a conversation with him—some time afterwards Moore came in—Fletcher said "I sold you one dozen of rules and a two dozen of rules, they are in packets"—Moore said "You did not"—Fletcher reminded him of the time, and he said "I did buy them"—I went over to Moore's house, and he gave up the goods—I had been trying to find goods belonging to the prosecutor.
Cross-examined. I was examined before the Magistrate—I said then that Moore denied at first, but afterwards he said he had had the goods—I believe Mrs. Ross was present at the time—she declined to give Moore into custody till Mr. Ross arrived from Sheffield—Moore was examined before the Magistrate as a witness.
Moore's deposition before the Magistrate was fare put in and read: "I live at 98, London Road, and am a general dealer; the property which I delivered to Fluister on 16th June last, I bought of the prisoner in my shop on various days; I had no invoice with them; I can't identify any of the goods; I can't tell what I paid for any of them; I purchase large quantities of goods, but I keep no book in which I enter the goods I buy, or what I pay for them. I am a customer of Mr. Ross's, and have known the prisoner for two or three years as his shopman; the goods which I delivered up on the 20th I gave to Mr. Ross because I believed a good many of them were his property, and I let him take them all. I can't say which of those goods I bought of the prisoner; I can't say that I bought any of them from him; I did not say to Mr. Ross, or to the officer, that I had bought the goods of the prisoner, or that that was the reason I gave them up. I would rather have given all the goods in my house than get into trouble. I travel the country as a hawker, and I sometimes sell in the country as a cheap jack." "Cross-examined by MR. T. H. LEWIS for the Prisoner: I sometimes bought goods at Mr. Ross's shop without having an invoice. I volunteered to deliver up the goods; I can't swear that I bought any of the goods delivered on 20th June from the prisoner,")
PETER ROSS . I am a tool manufacturer, and carry on business in Houndsditch—I went with Fluister on the 16th and also on 20th June to Moore's shop, and saw the property delivered up by Moore—the first lot delivered was worth about 3l. or 4l.; the last, on the 20th, about 40l., or something of that kind—Moore looked over his stock, and selected the goods he had received from Fletcher, which he considered belonged to me, and he picked out from 3l. to 4l. worth—we received information that there were other goods conveyed to Moore's house, and I went again with Fluister, and Moore then took me to his own residence, where he had conveyed the goods, and fetched them from under the bed—that was on the 20th—I believe it was his sister's house—he brought down two or three hampers of goods, which we put into a cart and returned to Moore's house—it is my custom always to give invoices when goods are sold—Moore has been a customer of mine for many years.
Cross-examined. It was my wish that invoices should be given in every case—Fletcher was a shopman of mine—he sold goods—it is quite possible that he sold goods without an invoice, but it would be contrary to the rules of the establishment if he did so—the house Moore took us to belonged to his sister—I am quite aware that he does not carry on business in any particular place, but he moves about with his goods to various places; a kind of hawker—I had no intention of prosecution as regards Moore—he has been in my place since, and I have trusted him since, as late as Monday last, to the amount of a couple of pounds.
RICHARD FLETCHER (the Prisoner). I have pleaded guilty to this charge—I have been in Mr. Ross's employment about four year, I should think—I have known Moore dealing there as a customer—I used to serve him—he bought all kinds of tools, the same as anyone else that came to the shop—I used to sell him tools I had taken—I think I have done that since last December—he met me several times when I went to dinner, and he asked me to get him some things—he said "Will you get me some goods out, the same as other persons have done before"—I told him I did not know whether I could or not—he met me two or three times afterwards—I got him some at last, and took them to the Borough Market—he met me there—I can't say how many times I have got him goods in that way—I should think I had a dozen times—sometimes I could take two dozen of rules at a time—he knew that I had stolen them, because I told him—I told him I had got them out, and how I had got them out—I put them in my pocket—sometimes he paid a third of the price, sometimes a quarter, and sometimes half—I don't think I have sold him as much as 50l. worth—I can't tell how much.
Cross-examined. I constantly sold to Moore, over the counter—I mean to say that Moore first proposed that I should rob my master—I did not tell him my uncle was a commission agent, and I got a commission for selling for him—I should not think I sold him 50l. worth of goods—I should think about 30l.—they were tools of various descriptions—I have been to his house, to take him things—sometimes he paid me there, sometimes he met me, and paid me that way—he used to arrange the price himself—he used to give me half, and then he altered it to whatever he liked to give me—I could not do anything else than take what he liked to give me—I have sold his father some of Mr. Ross's goods—he is in the same business, and was also a customer—I sold one dozen knives to another person—I have not stated that I sold goods to various
persons, and that I would round on them all—I said I sold them to two or three persons—I don't remember that I said I would round on them—I can't say that I did not.
MR. ST. AUBYN here stated that the prosecutor had told him that he would not believe this witness on his oath; and as he was not corroborated, he did not propose to proceed any further against MOORE.
NOT GUILTY .
The prosecutor stated that he had been robbed of goods to the amount of from 400l. to 600l.
FLETCHER— Five Years' Penal Servitude .
NEW COURT.—Thursday, October 26th, 1871.
Before Robert Malcolm Kerr, Esq.
MR. BRINDLEY conducted the Prosecution; and MR. MEAD the Defence.
EDWARD SMITH . I am a shoemaker, of Playhouse Yard—about 12.15 on the morning of the 26th, I was at the Leopard, in Seward Street, Goswell Road, with a brother of Powell's (see next case)—Powell threw some tobacco pipes at his brother, and I asked him the meaning of it—he said "I will do for you"—I said "Not while I am here; while he is with me I will protect him"—he said "I will do for you—I said "Not me, for I will not quarrel with you"—he struck at me, and the landlord said "I will have no fighting here; you had better go outside"—I went outside, to avoid a quarrel, and the two Powells and the prisoner came out, and fell on top of me—Powell made a blow at me, and the prisoner pulled out a knife, opened it with his teeth, and said "I will chiv you"—while I was sparring with him I felt a prick in my back, and said "I am stabbed"—the prisoner was the closest person to me, and he had a knife—he was stopped—they used him roughly—the other three got away—I went to the station—my trowsers and shirt were stabbed through, and I was bleeding.
Cross-examined. I did not try to return the blow inside the house, but when he hit me outside, I hit him back—there was no ill-feeling between me and Powell, but there was between the two brothers Powell—I said to one of them, "Your brother wants to be friends with you"—he said "No, I will do for him"—this is not the first time I have mentioned that—I will swear I did not provoke him to fight—I am not fond of fighting—I have fought in the prize-ring; but it is eight years since I struck a blow at anybody—I cannot swear that the blow was not given by Elizabeth Powell.
Re-examined. They do not use knives in prize-fighting.
CHARLES CROFT . I am a costermonger, of Bath Place, Willow Walk—I saw the prisoner in the public-house—he came outside, took a penknife out of his pocket, and said "I mean to chiv you"—a fight took place between them, and I saw him stab Smith—I do not know where, but I saw him draw his hand away, and Smith said "I am stabbed?"—I said "Where?"—he said "In the back"—the prisoner ran off.
Cross-examined. The prisoner opened the knife with his teeth; it was a fair fight between Smith and Powell—I am in a position to swear positively that the prisoner did it—I did not see Elizabeth Powell there.
from his pocket, as soon as he came out, and stabbed Smith in the back—Smith called out, and the prisoner walked off.
Cross-examined. He opened the knife with his mouth—I did not see him pass it to Elizabeth Powell—I am in a position to swear that the prisoner stabbed him, and not Elizabeth Powell.
JOHN SMITH . I am the brother of Edward Smith—I was outside the public-house, and while my brother was sparring with another man, the prisoner threw off his coat, took a knife out of his pocket, and was about plunging it into my brother's breast, when I struck him in the face—he then deliberately ran him in the back with the knife.
Cross-examined. It is not true that Elizabeth Powell stabbed the prosecutor, but she stabbed me.
THOMAS POWELL . My brother was sparring with Smith—I saw the prisoner take out a knife, and say he would chiv him, which is a flash word for "knife him"—a young man pulled me away, and said "You come out of it," and as he did so, my brother struck me in the eye.
GEORGE EUGENE YARROW . I am a surgeon—I was called to the police station, and found Edward Smith suffering from a punctured wound in the lower part of his back, just over his spine; there was a cut through his trowsers and shirt, just over the wound, and there had been a great loss of blood; the wound was not dangerous, but it was in a dangerous part, and if it had been a little deeper, paralysis would have ensued, as the nerves would have been severed.
Witnesses for the Defence.
ELIZABETH POWELL (a prisoner). I am the wife of William Powell—early on the morning of 24th September, a quarrel arose between my husband and John Smith, in a public-house, when my husband threw the tobacco-pipe at him—he said he did not think he was a proper age to be in a public-house at that time of night—I did not see anybody stab Edward Smith—I did it myself—I wish to give evidence that I am guilty, and the prisoner is not—I said to the Inspector "I have thought over what has happened; Mr. Willen is charged innocently; I have done it, and if you go out you will find a little white handled knife opposite the door."
Cross-examined. I have known the prisoner some time, but he is not a particular friend—I did not see him pull his coat off, or have a knife in his hand—I was there from the beginning till the end—there were from 80 to 100 people there—I heard the crowd say that the prisoner had stabbed Smith, but he did not do it; they followed him for stabbing him.
Re-examined. I am living with my husband on good terms.
Witness in Reply.
CHARLES CASE (Policeman G 133). I took the prisoner, and Smith charged him—he said he knew nothing about it—this knife was dropped on the pavement, outside the station door—after he was taken in custody it was brought in.
COURT. Q. Did the woman say where it was to be found? A.Not to me—this was at 6 or 7 o'clock in the morning, after she knew the knife was picked up—they had been drinking, but they were not drunk.
Cross-examined by MR. MEAD. She never said anything to me about the knife.
GUILTY of unlawfully wounding — Two Years' Imprisonment .
MR. BRINDLEY conducted the Prosecution; and MR. MEAD the Defence.
JOHN SMITH . After my brother was stabbed, I pursued Willen, and caught him—he struggled, and we both fell together—the female prisoner came up, and said "Let him go," and struck me on the head—I felt a sharp prick, which ran a terror through me, and I let go, and found blood streaming down my head—the male prisoner gave me a blow or two in the mouth.
Cross-examined. I had not been drinking—it might have been done by accident by William Powell—I do not know what I was struck with.
Cross-examined. It might have been done by a finger nail.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution.
ROBERT PLOWMAN (Policeman Q 68). On 21st September, I was on duty in New North Street, Shoreditch, about 1.45, and saw the prisoner raise up the window of 5, New North Street, put his hand in, and take some things out, which fell on the floor—he moved about three houses down, looked about him, returned, and put his hand in a second time, and brought out some more things—he put them in a bundle, on his shoulder, and walked off—I crossed the road, and met him—he turned round, and went back—I followed him, and asked him what he had got—he said some things belonging to his wife—I asked him where his wife lived—he said "85, Whitecross Street"—I took him to the station, and found on him a pawn ticket for a suit of clothes—he dropped this counterfeit coin (produced), which I picked up.
Prisoner. Q. Did not you tell my wife that the money fell out of the clothes? A.No—I told the inspector that you had three or four trials before you could force the window, and I said the same at Worship Street—I did not go to 85, Whitecross Street—I did not come up to you, and ask you if you had seen anybody come up in New North Street—I did not say "Did anyone pass you?"
Prisoner. You said "Did anyone pass you?" I said "A young woman." You said "Did she appear in a hurry?" I said "No." You said "Here, come back; who are you, and what are you?" I said "What do you want to know for?" Witness. That is not true.
ANN BUCKLEY . I live with my husband, at 5, New North Street—we occupy the front parlour—on 20th September, when I went to bed, the window was closed, and these things were lying under it—I slept in the room, but I was not disturbed—I knew nothing till the constable came—these things belong to me—they are worth 10s.
Prisoner. Q. Was the window fastened? A.There was no fastening; but it was properly closed.
Prisoner's Defence. It was my birthday, and I had a little too much drink. He came up and asked me which way I came, and if anybody
passed me; J said "Only a young woman; he said "Was she hurrying?" I said "No." He went on and came back, and said "Who are you and what are you? I want to know about these things. "They were then in a door way. He told the Magistrate next morning that he had been to my house, and could not find it out. As soon as I was remanded he went to my wife and sister, and told them I was charged with burglary, and that a lot of bad money fell out of the bundle. She said "You must have known that it was a made-up thing, if you leave your windows open. It has pressed upon my wife, and taken her reason away. The Rev. Dr. Cox said that he would appear for me, and he has been here all the week. It is all made up by the policeman, because a robbery had been committed on his beat, and he thought he would put it on me. My word is as good as his; he deserves to be in my place. I have a blind mother, and a wife and child. My master is Mr. Chamberlain, a carpenter. If I can raise a little money when I go out, I will try and show you that I am speaking the truth.
MR. EDMUND J. JONAS , the Governor, and MR. SIDNEY SMITH, the Clerk of Newgate, both stated that the Rev. Dr. Cox had been there to teethe prisoner, and had expressed a high opinion of him, but was unavoidably absent to-day, at Mr. Sheriff Young's funeral.
NOT GUILTY .
JOHN CROWLEY . I am a labourer, of 3, Church Street, St. Giles'—on 8th October, about 4 o'clock, a.m., I was in bed, and was awoke by hearing the clock stop—I did not hear it going before it stopped—I got up, and missed it—I heard the door open, ran down stairs, and heard the clock drop on the stairs—the prisoner ran out, and I followed him up George Street, into Oxford Street, where he was caught by a policeman—I had not lost sight of him—I gave him in charge for committing a robbery in my place—he said that he did not know it was my room, or he would not have done it—I knew him before—he lives in the same street—I found my waistcoat on him when he was stopped.
Cross-examined. I did not see the prisoner in my room, but I heard him—I saw him all along the chase, as I ran after him—I mean I saw somebody—his back was towards me—I did not see his face till he was stopped—this is my waistcoat—I have had it a long time, and am sure it is mine, because there is a piece out of it—I locked my bedroom before I went to bed, about 11 o'clock.
Re-examined. This clock weight (produced) is mine.
THOMAS TROY (Policeman E 179). About 4 o'clock, on the morning of 8th October, I saw the prisoner running in New Oxford Street, and stopped him, as the prosecutor cried "Stop him!"—he had this waistcoat in his hand, which Crowley said was his, and asked the prisoner how he came by it—he said "I don't know"—I searched him, and found this clock weight—I went to the house, and found the clock, and the other clock weight, on the stairs—the prisoner said that he was asleep on the stairs, and he said to the prosecutor "All right, Johnny, I did not know it was yours."
MR. KEEBLE here stated that he could not resist the evidence.
— GUILTY . He was further charged with a previous conviction at Clerkenwell, in February, 1871, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude .
WILLIAM PHAER (Policeman G R 9). On 8th October, about 11.15, p.m., I was with Frazer, another constable, in a pie-house, in Leather Lane—we called for two pies, and a cry was raised "There are two b—y coppers"—the crowd pushed us out, and knocked us down—I was advised by some gentlemen to run away—when I got to Charles Street, the prisoner stopped me, shoved me up against the shutters, struck me in the eye, and took hold of my watch chain—I caught big hand—he whipped it away immediately, and rushed into the crowd—a portion of the chain dropped into my hand—I recognized him afterwards by his blue Guernsey, and am sure he is the man—I was in plain clothes.
Prisoner. Q. Did not people come to the Police Court, and say I was not the man? A.No, I did not say that you were at the pie-shop.
JOHN FRAZER (Policeman G 199). On 8th October, at 11.15, I was with Phaer in a pie-shop—a cry was made, and we were pursued down Charles Street—I ran across Charles Street, and saw the prisoner at the corner—I observed him distinctly, to see whether he was one of the crowd who had pursued me—I found Phaer up against some shutters—I was tripped up, and two men caught hold of me; they did not assault me, and they were discharged—I did not see the prisoner till Phaer rushed into the crowd and apprehended him.
HENRY ATTWOOD . I am a carver and gilder, of 60, Exmouth Street—I was in Leather Lane at 11.10, and saw the two constables outside the pie-shop—I did not see the prisoner then, but I afterwards saw two other prisoners knock both the constables down.
Prisoner's Defence. I was talking to a young woman after the fight at the pie-shop, and heard a cry of "Stop thief!" I went across the road, and asked what was the matter; somebody said "This is the man with a blue Guernsey." The policeman said "I know you by your Guernsey; you know what is the matter." I know no more about it than you do, I was never near him. Three gentlemen came up to the Police Court, and three men were taken, and people came to the Police Court and said that I was not one of the men.
NOT GUILTY .
NOT GUILTY .
MR. A. B. KELLEY conducted the Prosecution.
WILLIAM ARGENT . I am a porter of the Midland Railway, and live at 45, Mansfield Place, Kentish Town—the prisoner was a lodger in that house—on 10th June he owed me 9s. or 10s. for a fortnight's rent—he gave me this cheque (produced), and said "Would you mind getting this cashed for me?"—I said "If you put your name on the back I have no objection to do so"—he put his name on it in my presence, and said that he had received it as part of his wages from his employers—I took it to Mr. Gilbert, the butcher, whose wife gave me change for it, and I gave all the proceeds, 3l. 12s. 6d., to the prisoner—he left the next Tuesday morning, promising to be back, but he never returned.
Prisoner. Q. Did not you charge me 3s. for discount? A.No; I stopped nothing out of the cheque.
ARTHUR BROOK SMITH . I am a cashier to the London and South-Western Bank, Kilburn—this cheque, drawn in the name of McCash & Company, for 3l. 12s. 6d., was presented there and dishonoured—we had no such customer then, or at any other time—it has been taken out of a cheque-book given to Mr. Williams, a customer.
FREDERICK ABBERLINE (Detective Sergeant Y). On 15th September I went to the prisoner's house—I had some difficulty in getting in—I got to the bedroom and knocked at the door; it was opened by a woman—I did not see the prisoner on entering, but I found him concealed in a cupboard, on the floor—I read the warrant to him, which I had had two months, and while I was doing so he passed this pocket-book to a woman who was in bed—it contains two cheques on the London and County Bank; one is filled up and signed H. W. Morgan, the other is blank—he told me at the Police Court that they were given him by a man named Collins—he said at the station that he had been doing a little work for a man named Williams, and had it given to him.
Prisoner. Q. I was in bed, then, with my two little boys, and yet he calls it a cupboard; how big was the cupboard? A.The door was about a yard wide; it was a sleeping place—there was some clothing on the floor—I heard a conversation before I went in—you said that a man named Williams had received 16s. out of the cheque, and I told the Magistrate so—you gave Williams's address, and I went there, but could never see him—he has absconded, I believe.
COURT. Q. Had he been there? A.Yes—he carried on business there for a few weeks—he is a builder, and they told me he had an office there.
Prisoner's Defence. In the month of June I was introduced to Williams, to make out a lot of builder's estimates, for which I was to have 2l. 10s.—he told me he had received a cheque from a customer, and would I accept that, and leave him the balance. I took it to my landlord, and told him how I came by it, and asked him to discount it; it was payable to bearer. If I got it dishonestly it is not likely I should put my name on it. It was not crossed. I waited in the house three days afterwards, and paid him a week in advance.
MRS. ARGENT. The prisoner was a fortnight in our house—he agreed to pay 6s. a week for himself and a friend who did not come, but he said that he would pay for him, and I was not to let it to anyone else—he paid the 6s. for a fortnight, and said that he should come back in a week—I said "I believe, Mr. Muggeridge, you do not intend to come back"—he did give me 6s. in advance.
NOT GUILTY .
CHARLES DEWELL . I keep the Lion and Lamb, Clerkenwell—on 26th August the prisoner came in front of the bar and said "What a bother it is to have a cheque sent by post crossed, I will pay 1s. 8d. to get this cashed"—I said "Don't bother yourself about that, I shall not charge you 1s. 8d., I will pay it in to my account"—I gave him the money, sent it to the bank, and it was dishonoured.
Prisoner. Q. Was my name on it? A.I did not notice it, it was not in my possession ten minutes—you told me you received it from a person who you were doing business with—I have known you five years, and never knew anything against you before.
HENRY JOHN BAKER . I am a clerk in the London and County Bank, Oxford Street branch—this cheque for 3l. 15s., drawn by E. S. Robinson, was presented there, and dishonoured—the cheque-book was issued by us to a person named Hansford, whose account was closed in September, 1867.
Prisoner. Q. Do you know the whole of your customers? A.Not all, but I know there is not such a person now, because I have got the books here.
Prisoner's Defence. All I have to say is that I received this cheque also from Mr. Williams, in the same way, and never had a shilling out of it; I gave it all to Mr. Williams. He has absconded, and made me a dupe. I received that two months after the first.
COURT to F. ABBERLINE. Q. Did you inquire at the address of Williams how long he had been there? A.Yes, two or three weeks—by inquiries at the bank I found that this cheque was issued to Alfred Williams, who lived in the neighbourhood of Kilburn, and who has committed some offence; the Rev. Mr. Marchmont was anxious to find him—the prisoner gave his address in Clement's Lane; I went there, and could find nothing—Williams obtained 100l. in some way from the Rev. Mr. Marchmont, eighteen months ago—the prisoner was remanded three times because I was anxious to get Williams.
COURT to C. DEWELL. Q. Do you know anything about this man or his family? A.Only by attending my house as a customer—I have heard that he is a clerk—I never cashed cheques for him before.
Prisoner. Yes, you did three years ago, for 6l., I was living within a stone's throw of you? Witness. It was a mile and a half from my house.
Prisoner. Directly I heard that they were bad cheques, I went and saw Mr. Williams in the City; he promised to meet me next day, and I have never seen him since; Mrs. Murray will prove that.
Witness for the Defence.
LOUISA. MURRAY . The prisoner gave me a cheque, and I changed it at the baker's—he returned it, and I went to him, and told him I did not know it was bad—I told the prisoner the same day, and he took me to Clement's Lane, at 11 o'clock next morning, where I saw a City gentleman, named Williams, who said he would set it right on Saturday—the prisoner lodged at my house at the time—ho said that he did not know it was bad, and he would go down to the man who gave it him—I said "I will go with you"—I went with him next morning to Clement's Lane—he went into a public-house, and fetched Williams out—I stayed outside—I spoke about the cheque being bad, and he said that he would see it righted.
Cross-examined. I lived with the prisoner as his wife at this time—I appeared in another case at the Police Court as prosecutrix—I do not prosecute in the next case—I gave my evidence before the Magistrate, but did not say a word about going down to the City, and seeing this gentleman at a public-house.
COURT. Q. Were you asked anything? A.No—I have never seen the prisoner since he was in custody.
NOT GUILTY .
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
SOLOMON EHRENBERG . I am a tailor, of John Street—on 20th October, in the afternoon, I had six coats, in a parcel—I sent them by the boy Dean, and walked behind him—the prisoner and another young man walked with him, and when we got to the first house past the public-house, the prisoner struck Dean, and got him down, and got the bundle from him—I rushed at him, caught hold of him from behind, and got the bundle away—he struck me several times, and would not let go of me—my friend went for a policeman—the prisoner ran away, when he saw a policeman, but he was taken—I got the parcel.
Prisoner. Q. Did not you come and strike me deliberately in the face? A.Nothing of the kind—a man with a basket assisted you.
WILLIAM DEAN . I am in the prosecutor's employ—on the afternoon of 20th October I was near Fashion Street, carrying a bundle—Mr. Ehrenberg was behind me—the prisoner and two more chaps came up to me, and I said "You had better be careful where you are going—I saw him strike Mr. Ehrenberg, and they took the coats from me, and kept them five or six minutes—a cry was raised, and a policeman came up while the prisoner was struggling with my master, who gave him in custody.
Prisoner. Q. Did you see one man with a china and glass basket on his head? A.Yes—you were not sober.
COURT. Q. Do you say that he attempted to rob you, or that it was a knock down in a lark? A.I cannot say that it was a lark at all—my master was two yards behind me, or a little more—we were not speaking together as we walked, so that a stranger would not know we were in company.
JOHN BURROWS (Policeman H R 23). I received information, went into Fashion Street, and saw the prisoner struggling with the prosecutor—the prisoner was very drunk—there was another man, who ran away—I afterwards saw this bundle of clothes, and he was given in custody for attempting to steal it—I could not see the bundle on the pavement at first, for the mob.
NOT GUILTY .
MR. HOLLINGS conducted the Prosecution.
JAMES HASWELL . I am a fish porter, of 23, White Bear Court, Whitechapel—I sleep in a room in the back yard, in the same room as my mother—on 19th September I went to bed at 9.30—the door was closed and latched—I was disturbed between 11 and 12 o'clock by the back of a French bedstead falling down in the yard, and I spoke to my mother—I saw the prisoner standing by my mother's bedside, between 2 and 3 o'clock—I jumped out of bed, and took hold of him, and he struck me in the ribs, and went out—I followed him, and found him under a table, in the yard—I got a man to hold him while I put my trowsers on, and then got a constable, and gave him in custody—he was sober.
Prisoner. I was going home, and missed my way. I sat down on the door-step, and left my cap and boots on the step. Witness. You had no cap or boots on when I took you; you were in your stockings.
JOHN DAVENELL (Policeman H 149). Haswell gave the prisoner into my custody, for breaking and entering his mother's house—he had no cap or boots—he was quite sober, and said "I will come with you, policeman."
NOT GUILTY .
HENRY GARSTON (Policeman T 80). On Sunday evening, 16th October, I received information, in consequence of which I went to the Hope and Anchor, at Sutton, and saw a mare in a stable—the prisoner came in in about ten minutes and gave his name "John Penn"—I asked him where he brought the horse from—he said "From Maidenhead, from my father, who is a farmer, and I am going to take her to Mr. Abbott"—I said "Which way did you come?"—he said "By the Staines Road"—I asked him a few more questions, and he ran away—I ran after him, and took him in custody.
CHARLES TAYLOR . I am a carter to the prosecutor, who lives at Teddington—this mare is my master's property; I saw her safe on Sunday afternoon, about 1 o'clock, and missed her next morning—I saw her on Tuesday, in the possession of the police.
HENRY CHADWELL . I keep the Hope and Anchor—about 8 o'clock on Sunday, the 15th, the prisoner brought a bay mare to my house; he called her Tommy—I asked where he came from—he said "From Maidenhead"—I asked him where he was going to take the horse; I did not then know whether it was a horse or a mare—he said "I am going to Mr. Abbott, at Sipston"—I said "You have come four miles beyond there"—he engaged a bed, and said that if he was not there that night he would be there next morning—I put the mare in a shed, and informed the police—next morning, between 11 o'clock and 11.30, the prisoner returned—he said "Good morning"—I said "I thought I had got a horse and no owner"—he said "Why did you think so?"—I said "You said you would be here in the morning, and country people do not call 11 o'clock the morning; I thought the horse was stolen"—he said "I should not think it an easy matter to steal a horse"—he had some bread and cheese, and then went out—the policeman brought him back.
Prisoner's Defence. I found the horse on the road, and took it to a public-house, thinking there would be a reward given for it—I do not know anything about horses—I have been a gentleman's servant, and have a good character—I lived at Mr. Myers', 9, Chester Terrace, Regent's Park, three years ago, for two years, as footman—I gave my name different, in order that my friends should not know it—I had been down to Ascot to Lady Lefevres, who had applied to a lady for my character.
COURT to H. CHADWELL. Q. Was the mare saddled and bridled? A.No, she had a winker bridle when he brought her in, and he brought this other bridle (produced) the next day, when he came to take the mare away.
GUILTY.— Recommended to mercy by the Jury.—Judgment respited.
Before Mr. Deputy Recorder.
MESSRS. METCALFE and HUMPHREYS conducted the Prosecution; MR. THORNE COLE defended Henman, and MESSRS. BESLEY and HOLLINGS defended Hilliard,
WILLIAM THOMAS HENLEY . I am a telegraph engineer, and proprietor of the Telegraph Works, at North Woolwich, and also owner of the steam-ship La Plata—she has been used several times for laving, marine cables—the prisoner Henman was in my service as chief-mate of the La Plata, for a few months—on Saturday, 19th August, I went on board the La Plata—Henman was on board, but Hilliard was not—Hilliard had spoken to me about some rope, and offered to purchase it for 10l. per ton—I said I would go on board the first opportunity, and examine it, and see if it was fit to be condemned—I went on board, and Henman showed me the rope, lying on the forecastle—I told him to bring it ashore, and weigh it on the turn-table, in the proper manner, and let Hilliard take it away with him—a day or two afterwards Henman paid me 8l. 4s., which was not exactly the price at 10l. per ton—I was told the rope weighed 15 cwt. 3 qrs.—Hilliard was frequently employed in putting coal on board the ships, not by me, but by the coal merchants—I never gave anyone authority to take any rope from the ship, except that which I saw on the forecastle, and which was brought to the works, and weighed—I received an anonymous letter, after the ship had sailed, in consequence of which I caused inquiries to be made.
Cross-examined by MR. BESLEY. Hilliard never bought anything of me before—I employed him once to discharge a ship; about twelve months ago, I should think—I had had the same captain on the La Plata for the two previous voyages—the day before Hilliard spoke to me the captain said that the old rope on board might be got rid of, and he mentioned that Hilliard would buy it—I told him to see me after I had seen the rope—I told the captain that I would sell it to Hilliard—according to the ordinary course of things the ship's boats would not be lowered to take the rope ashore—I don't know what boat brought the 15 cwt 3 qrs. ashore—the ship sailed on the 25th—she was taking in cable all that time, and she sailed immediately she was ready—I don't recollect seeing Hilliard on board when I saw the old rope—I don't recollect a clearing of old rope taking place before—I got the 8l. 4s. from Henman, on the Tuesday, I think, within a day or two after I had seen the rope.
Cross-examined by MR. COLE. I have known Henman a few months—he was engaged by the captain as his chief officer—the La Plata is 1240 tons—I never heard anything against Henman's character—I know that he has been a master of ships before he was engaged by my captain—I did not know there was any rope to be sold till my attention was called to it by the captain—Hilliard spoke to me about it on shore, and when I went on board, Henman spoke to me—the police took the second-mate into custody on this charge, but not by my directions—he was discharged by the Magistrate—Henman showed me the rope on the forecastle—it was worn-out rope, grappling-ropes, and so on; it has not been the custom with me to regard old rope as the captain's perquisites—I have not heard that it is the
custom amongst sailors—I have heard so since this occurrence—the ro pe saw on the forecastle was less than a ton.
Re-examined. I did not know anything about there being 32 cwt. besides the 15 cwt. till I received the letter—neither Milliard nor Henraan mentioned anything about that—when Hilliard took away the rope he would require a pass from the gate-keeper at the works—they could not take 32 cwt. out of the works with a pass, or without my knowledge.
HENRY MOYCE . I am a weigher, at Mr. Henley's works—on 21st August I weighed a cart load of rope; the prisoners were present—I gave Henman the weight, and directed him to get a pass—they could not get the rope out of the works without—he brought the pass back to me, and I put the weight of the rope on it, 15 cwt. 3 qrs.—that was all the rope I saw, and all I weighed—I saw the cart leave.
JOHN MARTIN . I was a sailor on board the La Plata—on 21st August I received instructions from Henman to go into a boat which was along-side the ship, and take some rope into it—I did so, and took it on shore to Mr. Henley's works, with another seaman and a boatman—that was shortly after 2 o'clock—it was put in Hilliard's cart—Hilliard was there, and gave directions as to loading it—I afterwards went back to the La Plata, and loaded the boat again with rope—after it was loaded, Henman told me to come up out of the boat—I went on board, and left the boatman Prout in charge of the boat.
Cross-examined by MR. HOLLINGS. It was broad daylight—there was not the slightest concealment, that I saw.
Re-examined. It was nearly five o'clock when we finished loading the second time.
JAMES PROUT . I live at Bell and Anchor Cottages, Victoria Docks, and am a waterman—on 21st August I went to the La Plata about 2 o'clock—I saw Hilliard going on board the vessel, in a boat—he told me to go outside the vessel, that would be the opposite side of the vessel to Mr. Henley's works—I did so, and the boat was loaded with some old rope, which I took ashore to Mr. Henley's works—I saw the two prisoners standing on the wharf—the rope was put into a cart which was there—I was then told by the prisoners to go on board, and take in the remainder of the rope, and go up to Victoria Docks, and give it to a man named Nelson if I saw him there—I went to the Victoria Pier Head—I waited there awhile—I saw Nelson, and he took the rope from me—there was about 9 cwt. or 10 cwt. in the second load—the rope was put into a cart at the Victoria Pier Head—Hilliard was not there—he paid me 6s. for the job, the same night, at the Gibraltar public-house, Victoria Docks—I went to get a glass of ale, and I found him there.
Cross-examined by MR. COLE. The rope I took was only fit to be made into oakum—I have been a seaman—old rope of that sort is considered as the perquisite of the officers—at one time the apprentices on board used to be allowed it—I had it for one—I was an apprentice.
Cross-examined by MR. HOLLINGS. This was all done perfectly open, in the middle of the day.
Re-examined. I got to the Victoria Docks about 5 o'clock—I can't say whether the rope I took to the Victoria Docks was better or worse than what I took to the works—it was about the same—it looked like very old rope.
am a waterman—on 21st August my boat was hired by Billiard, and I went to the La Plata, at North Woolwich—I took a boat load of rope to the Victoria Pier Head—there was about 12 cwt.—I put it on shore on the pier head—Nelson went up with me from the ship in charge of the rope—I landed it, and left—I don't know what was done with it—Hilliard paid me for the job, the same evening, at the Gibraltar—I was with Prout.
FREDERICK STANDEN . I live at 7, Victoria Villas, North Woolwich, and work for my father, who is a carman—I know Hilliard—on 21st August, Nelson came and fetched me, and I took a cart to the Victoria Pier Head—I stood at the horse's head, and Nelson loaded the cart with old rope—I took it to the Gibraltar, where Hilliard's cart came up, and another cart belonging to a man we call Country Billy—all three carts were loaded with old rope—we all went to Mr. Worland's house, and unloaded it there.
Cross-examined by MR. HOLLINGS. It was all done openly.
WILLIAM BLIGHTON . I am a carman, and live at 39, Queen Street, Woolwich—on 21st August I was standing with my horse and cart outside the Victoria Docks—Nelson came and hired me to fetch some rope from the pier head—they call me Country Billy because I come from the country—I took my cart to the pier head, and got a load of rope—I then went to the Gibraltar, where I saw Billiard and Standen with their carts—we took the three carts to Mr. Worland's—Hilliard paid me 3s. for the job as soon as I had unloaded the cart.
Cross-examined by MR. HOLLINGS. There was no covering to the cart; it was all done openly.
JAMES WORLAND , I live at 43, Victoria Docks Road—I am a rope merchant—I know Hilliard very well—on 21st August he came to my place of business with three carts, loaded with rope, which he offered to me at 14l. per ton—I bought it of him for 13l. 10s. a ton—I weighed it; there was 2 tons 8 cwt., and I gave him a sovereign for some old grass rope—I have been in the habit of buying rope of him.
Cross-examined by MR. HOLLINGS. I have known Billiard about fifteen years—he has always borne a good character—I never knew anything against him—I have heard about his buying this rope; it is a very common practice—I have bought rope of him before—my place is nearer the Docks than any other merchant's—rope has a pretty ready sale, but it is very expensive to get it out of the ships.
WILLIAM EDWARD RUSH . In August last I was second mate on board the La Plata—Henman was first mate—he told me on 19th August that the old rope was to be sold—he said Mr. Henley had seen it, but he did not tell me who had bought it—some old rope baa been got together three or four days before—on 21st August Hilliard came on board—I did not see the rope actually put into the boat, but it was gone afterwards—I remember Henman, Hilliard, and a man named Nelson, going on to the forecastle—I asked Henman whether the rope was going away—he said it was going ashore to the factory, to be weighed—I said "What should you think is the weight of the rope; I should think there was pretty nearly a ton of it"—Nelson said "We shall know the weight when we get ashore to the factory"—I went ashore then—I afterwards saw them loading some rope into a cart at the factory—I then returned to the ship, and saw some more rope being loaded into a boat—I saw some going over the rail, on the port side; I put my foot on it, and said it was too good to go ashore for old rope—Henman said "Let it all go"—I ordered one of the men to haul the
rope on deck again, and he did so—it is on board now, in use—I don't know what became of the remainder—I did not see the boat leave—Henman came on board about 4 o'clock, and I asked him what was the weight of the rope—he said 15 cwt. some quarters; but I am not exactly certain as to the quarters, and he had received 8l. 4s. or 8l. 5s. for it—he gave me a sovereign that afternoon—he did not say what it was for—he told me to give the boatswain 5s.—the La Plata sailed a few days afterwards—I heard no more of this transaction till I came back; and in consequence of what the captain said, I made an explanation to him as to Henman giving me a sovereign—I was taken into custody—I asked Henman what rope he had sold, and he said Milliard had offered him 3l. 10s. for some rope on the forecastle, and he took it—I was at the station when Milliard was brought there—he asked if any of the sailors had been left behind last voyage, as Mr. Henley had received a letter, and he thought one of them must have written it—I heard him say he had received 33l. for the rope.
Cross-examined by MR. COLE. I gave the boatswain his share of the sovereign—I am in Henman's position now, as chief mate of the ship.
Cross-examined by MR. BESLEY. I am not sure that Milliard was present when Henman said the rope was going ashore to be weighed—I did not see the boats go away from the ship at all—I saw the boat at the factory—when Henman gave me the sovereign, I thought he had received some money from Mr. Henley, and had given me a part of it—I know that old rope is considered the perquisite of the captain, and the owners sanction it—Hilliard was not present when Henman said "Let it all go"—the vessel sailed three or four days afterwards—there is generally a little bustle when ships are clearing out—the ship's boats were not used; they were on the davits—Henman went home in the evening, as it was his practice to do.
Re-examined. I did not know that any of the rope was not going to the works—I did not know any of it was going to Victoria Dock—I stopped some of the rope, but I left the chief mate, Henman, to order as to the rest.
WILLIAM STORK . I am a constable employed on Mr. Henley's works, at North Woolwich—from instructions I received I saw Hilliard on 2nd September, between 5 and 6 o'clock in the evening—I asked him if he knew anything about the rope that had been taken from the La Plata—he said he had bought some rope from the La Plata, but Mr. Henley knew all about it—I said "I don't mean that which went ashore at the works to be weighed, but that which was taken away in two boats, and taken to the Victoria Docks Pier Head—he said he had bought some of the chief mate, and gave him about 12l. for it, he did not recollect to a few shillings—I saw Hilliard again on 8th September; he then said he recollected what he had given the mate for the rope which was taken away in the two boats, and taken to the Victoria Docks Pier Head; he said it was 3l. 10s.—I met him again on 12th September, riding in his cart—I got into his cart and accompanied him back to his house—Inspector White eventually took him into custody—I afterwards went on board the La Plata, and saw Henman—I said "What do you know about this?"—he said "I know nothing at all about it"—I said "It is no use your saying that, I have seen the carters and the boatmen, and I have seen Hilliard, who said he gave you 3l. 10s. for it"—Henman then said "As so much is known of it I may as well tell the truth; I did sell it to him, and received the 3l. 10s., but I should not have done so if Hilliard had not persuaded me to do so."
Cross-examined by MR. COLE. Henman also said he gave 1l. to the second officer, and 7s. 6d. to the boatswain; I forgot that.
Cross-examined by MR. BESLEY. I did not mention about any persuasion of Hilliard's at the Police Court, because I was stopped—when I went to Hilliard he said at once that he had bought the rope of Henman for 3l. 10s.—he said he gave 12l. for the whole of the rope he bought—he told me afterwards what he got for the second load—I did not want to know.
MARK VARBOW (Police Sergeant K 61). On Tuesday, 12th September, from instructions I received, I went on board the La Plata; I saw the captain first, and then I saw Henman—I told him I should take him into custody for stealing a quantity of rope, the property of Mr. Henley, from the steamship La Plata, while in the Thames, on 21st August—he said "I am sorry to say I yielded to the persuasions of a man named Hilliard, and sold him some rope, unbeknown to Mr. Henley, that came to 3l. 10s.; I gave 1l. to the second officer, and 7s. 6d. to the boatswain."
WILLIAM WHITE (Police-Inspector K). On 12th September I went to the Marine Hotel, in the North Woolwich Road, about 7.30 in the evening—I saw Hilliard there, and said "Do you recollect purchasing a cart-load of rope from Messrs. Henley's, on 21st August—he said "Yes, I do"—I said "Did you afterwards take away two boat-loads of rope from the steamship La Plata—he said "Yes, I did"—I said "Who did you buy that of I"—he replied "Of the chief mate"—I then said "Were Mr. Henley and the captain present when you purchased those two boat-loads?"—he said "Yes, both the captain and Mr. Henley were present"—I told him "I should take him into custody for receiving those two boat-loads, knowing them to be stolen, on the platform at the tidal basin station.
Cross-examined by MR. BESLEY. He answered all the inquiries I made.
JOHN FISKE . I am captain of the La Plata—I was ashore when the transaction took place—I knew there was a quantity of old rope on board, but I did not know it was going to the works—I did not give anyone authority to take rope to the Victoria Docks—I did not know of its going there—Henman had no authority to take rope without my permission—I was present with Mr. Henley at the time he spoke of, when Hilliard proposed to give 10l. a ton—I did not know of any arrangement between Henman and Hilliard for the purchase of the other lot.
Cross-examined by MR. BESLEY. Henman had authority to bring the old rope ashore to the works—I don't know anything about the sale of it.
Cross-examined by MR. COLE. I have known Henman for years—I always believed him to have a very good character—he had charge of the ship in my absence—he was for a time in charge of the Great Eastern and he has been employed by companies I can mention in London.
HILLIARD received a good character. Recommended to mercy by the Jury.
GUILTY — Eighteen Months' Imprisonment .
HENMAN— GUILTY—Recommended to Mercy by the Jury and the Prosecutor — Six Months' Imprisonment .
MR. COOPER conducted the Prosecution.
FREDERICK FARRAH . I am a publisher, and live at 282, Strand—I attended a meeting at Blackheath, called on behalf of "The Farrah Defence Fund"—about 6.30 or 7 o'clock in the evening, when I was about to leave the meeting, a gentleman touched me on the shoulder and wished to hand
me his card—I had up to then my coat buttoned—as I was talking I felt something over my hand and thought it was a spider—I turned round and the prisoner had got my watch and chain—I caught hold of him and thought I had my watch too—I caught hold of his right hand, with the chain in it, and prisoner tried to wrench it from me—I caught hold of him by the throat so as not to lose him—the superintendent came up and assisted me—I got the chain but lost the watch—the value of it was about 7 guineas.
Cross-examined by the Prisoner. I told the superintendent you had my watch, or had passed it to someone else; I do not know the man who gave me his card.
WILLIAM HENRY GOMER . I live at 12, Vanbrugh Park Road, Blackheath—I was crossing Blackheath, on Saturday, September 16th—seeing a lot of people, I stopped to listen to them—I saw Mr. Farrah speak to a gentleman with spectacles—I saw the prisoner with one or two more men—prisoner pretended to stumble, and snatched the watch out of Farrah's pocket, broke it from the chain, and passed it to one behind—Mr. Farrah caught hold of him by the hand—prisoner swung the prosecutor round—the man behind walked away very quickly towards Holly Hedge—a great crowd got round, and I saw no more—one of the men called out "Bill".
Cross-examined by the Prisoner. Mr. Farrah got off the wheel of a van. You were watching him all the evening—the inspector has not had any conversation with me about this affair.
GUILTY **— Seven Years' Penal Servitude .
Before Robert Malcolm Kerr, Esq.
MR. COLE conducted the Prosecution.
JOHN WILLIAMS . I am a labourer, of 2, Mint Cottages, King's Wood—on 6th October, about 4 o'clock in the afternoon, I had a glass at the Blue-eyed Maid, Borough—I had previously met the prisoners, and treated them there—I had about 1l. in my purse—I took it out and paid a florin, and before I could put it back in my pocket, Donovan put his hand round my throat, and Haley took my purse out of my hand—I went out and told a policeman; when I returned the prisoners were gone—I described them to the police—I had seen Donovan before—I had been in three public-houses, and drank at each.
Donovan. Q. Had you treated eighteen or twenty people? A.I cannot say—there were about twenty people in the house—I was sober.
COURT. Q. They saw you robbed, and said nothing? A.Yes; the man who was serving saw it, I believe; he is here.
Donovan. Q. Did not I put my hand on you, and say "Jack, old man, what is the matter with you?" A. No, you put your hand round my neck, and held me till I was obliged to deliver the purse out of my left hand—you took the wind out of me—Haley and I were not struggling when you put your hand upon me—it lasted about a minute and a half—it was done instantly.
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution; and MR. HOLLINGS the Defence.
WILLIAM ARMSTRONG . I am a costermonger, of 9, Nottingham Court, Long Acre—last month I was in a public-house opposite the Victoria Theatre, having ray first glass of drink, and a person there recognized me, and asked me to give him 6d., as he had come out from having six months, and was hungry—the male prisoner was there—I went across to a ham and beef shop opposite, and the female prisoner followed me, and said "Halloa, what do you want there, why don't you come with us, and have a comfortable tea?"—I said "I am not in the habit of going with strangers"—she said "It is only close by"—I said "Where is your husband, perhaps if he comes out he will be cross"—she said "He sent me out"—I walked to another public-house, and a man not in custody came in, and had a few words with me, but the landlord stopped the quarrel—the female prisoner then proposed to bring some ale to her place, and I took the ale—the man came out, and tried to renew the quarrel, and the male prisoner came up, and shoved him on the shoulder, and said "Get away, you b—fool, you are going to spoil it"—I said "I am very glad to see you"—he said "It is all right"—we walked shoulder to shoulder, conversing, and the female prisoner was two yards behind, with the beer in her hand—immediately I turned into the court I received a fearful blow on my head, which partially stunned me—I said "Oh!" and the next minute I found myself across the male prisoner's arm, and felt a suffocating sensation so that I could not call out—he had his arm round my neck, and she was fumbling for my money—he said "D—your eyes, how long you are about it, tear the b—thing away"—he eased my neck, and I called "Police!" and "Murder!"—he dashed me down and kicked me tremendously hard on the side of my head, and my left eye was on my cheek—after my money was gone, I had a purse with a few pawn tickets and sleeve links in it—I tried to protect it, but he put his foot on my neck, tore my hands away from my pockets, and said "Let go, you b—swine"—I became unconscious, and they threw cold buckets of water over me—I went to the police and described the prisoners—I had to lay in bed ten days, perfectly helpless, after which I saw the male prisoner at the Stones End Station, and picked him out from several others—I also saw the female prisoner with other females, and recognized her.
Cross-examined. I ceased to be a seaman twelve year ago, I have since been a costermonger—this happened at 4.5 or 4.15 in the afternoon—I had not been drinking, and was not in an excited state, throwing my arms about—the female prisoner was the only woman there—I had not been fighting that afternoon—it is not my profession—I do not know Kayson, or any person living in Bedford Court—I have not said that the man who assaulted me wore sandy whiskers—I lost 1l. 12s. 6d.—a sovereign, four half-crowns, two shillings, and sixpenny worth of coppers—the policeman did not suggest the prisoner to me—I was an hour in his company, and from the terror and cruelty I received from him, it is impossible for me to erase him from my memory.
THOMAS JOSEPH BARTELL . I keep the Blue Coat Boy, Borough—at 3.30 or 4 o'clock on this afternoon, the male prisoner came into one compartment, and the female into another—there were a few words, and the prosecutor who was there, left with the female prisoner—the male prisoner left directly afterwards, and renewed the altercation outside the house—the prosecutor and the prisoner went away together.
Cross-examined. I saw Armstrong come in—he was there an hour—he was only drinking malt liquor—the other man had a defect in his eye—I cannot say whether he wore whiskers—he was not like the prisoner; he was taller—there was no disturbance with Armstrong; it was simply an argument; not warm words—I settled it at once—I did not turn them out—Armstrong said that he should not have any more beer; he should take some ale home—he and the female prisoner went out, and the male followed—I was cleaning the paint at the doorway, and could see the whole transaction.
GEORGE HICKNOTT (Policeman M 80). I was in Mint Street, about 4.50, on the afternoon of the 14th, and saw Armstrong, who described a man and woman—he said that the man seemed as if his whiskers had not been shaved lately, and he thought they were sandy—he seemed as if he had been drugged; he was helpless, and seemed unconscious of what he said—about five minutes before that I saw the male prisoner come out of a court, and go into a lodging-house—I saw nothing of the woman—Armstrong had blood on him, and some sawdust, and water—I took him to the station, and then went to 4, Star Court, and found this can (produced) on the table, and this pocket (produced) on the floor—I have compared it with the prosecutor's trowsers.
Cross-examined. I saw Armstrong about five minutes after the affair—he said that the man did not seem to have shaved very lately on the chin, and that he had a sort of sandy whiskers.
Re-examined. I have known the prisoner four years—I have never seen him wearing sandy whiskers.
ROBERT PETHER (Detective Officer M). I took the male prisoner on the 23rd, and said that I wanted him for assaulting a man—he said that he knew nothing about it—he was placed with four other, and the prosecutor picked him out.
W. ARMSTRONG (Re-examined). This took place in Star Court, Kent Street, Borough—I did not go into any particular house—I was rushed into a room on the ground floor in a yard, but I was not sensible of that till I came to my senses after the cruelty—I was not many yards from the room I went into.
HENRY PARKERS (Detective Officer M). About 5 o'clock, on the morning of the 24th, the female prisoner came to the station to enquire what her husband was detained for—I placed her between five other women, and Armstrong picked her out.
Cross-examined. I knew she was wanted—I have known the male for seven or eight years—I cannot call the whiskers he wore sandy.
HARRIET GRANT . I live at 5, Star Court—I let the house to a dark young woman, but I cannot recognize the female prisoner—I found the room deluged with water, and the pocket and can there—I locked up the room.
Cross-examined. I was subpohnaed by the police—I do not recognize the prisoners.
B. REGAN— GUILTY —He was further charged with a former conviction at Southward Police Court, in April, 1867, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude, and Thirty Lashes with the Cat .—
S. RYAN— GUILTY — Two Years' Imprisonment .
MR. A. B. KELLEY and MR. T. GOODMAN conducted the Prosecution; MR. STRAIGHT appeared for Edwards, and MR. THORNE COLE for Pescud.
THOMAS PRYER . I keep the True-to-the-Core, Newington Causeway—on Saturday evening, 23rd September, about 5.45, the prisoners came in for two bottles of ginger beer, which came to 6d.; they gave me a half-sovereign; I found it was bad, and asked them where they got it—one of them said "We got it from a bookmaker in the Kent Road, over a bet on the hone Hannah"—I think he said it was three half-sovereigns to one, or 3 to 1—I detained it and marked it; this (produced) is it—one of them asked me to return it—I refused, and said that I was not satisfied, but if the party who gave it to them would come with them, and he was a respectable man, I would return it—they paid with a good half-sovereign—I think it was Pescud—I gave him 9s. 6d. change, and they left—I watched them from the window for a few minutes, and then went round Southwark Bridge Road, and met them—they waited in a gateway ten minutes, or a quarter of an hour, and then went to another gateway for a quarter of an hour—they then went and stood opposite the Sportsman public-house, and one of them went in for a light for his pipe; he came out with a spill in his hand, and they walked on to a beer-house, and stood there about twenty-five minutes' talking—they then went towards the Borough, and I told a policeman—all this took an hour and a half—Pescud then went into a baker's shop, and called for a quartern loaf—I went into the shop, and saw him place a half-sovereign on the counter, which the lady was looking at rather suspiciously—I said "Is that a half-sovereign he has tendered to you?"—she said "Yes"—I said "Allow me to look at it?" and I bent it with my thumb and finger, and told him he must come to the station—we had a struggle outside, and I gave him in charge.
Cross-examined by MR. STRAIGHT. The whole time I was watching them they were within 300 yards of my house.
Cross-examined by MR. COLE. The only place they went into was the Sportsman—working people on Saturdays come in more frequently after they leave work—when Pescud was challenged, he said "I am innocent."
ELLEN HUMPHREYS . I am assistant to the Crated Bread Company, Blackman Street, Borough—on the evening of 23rd September, Pescud came in for a half-quartern loaf, which came to 3 1/4 d.—he gave me the half-sovereign (produced)—Mr. Pryer came in and called my attention to it—I found it was bad, and marked it—the prisoner left the loaf, and went out of the shop with Mr. Pryer—I heard him say that he had done nothing.
JOHN STILL (Policeman M 149). On 23rd September I saw Mr. Pryer struggling with Pescud—Pryer gave him in custody—he said that he had done nothing; he was an honest man—I searched him at the station, and found a good half-sovereign, 9s. 6d. in silver, and a halfpenny.
Cross-examined. All that money was good.
WILLIAM THOMPSON (Policeman M 295). I took Edwards about 300 yards from the baker's shop, and asked where his mate was—he said he believed he had gone to buy some bread—I told him I took him for being concerned with another in passing counterfeit coin—he said "I am a hard working chap; I know where I got the money; I got it from my master"—I took him to the station, and found on him a half-crown, a sixpence, a penny, a key, and a duplicate—I received these two half-sovereigns from Pryer and Humphreys.
Cross-examined by MR. STRAIGHT. What he said was "I know where I got my money from; I got it from my master."
Cross-examined by MR. STRAIGHT. A person in the ordinary possession of his senses could feel that they were bad.
Edwards' Statement before the Magistrate. I received the money from a book-maker—3 to 1 on the St. Leger, in the New Kent Road. I was paid in two half-sovereigns, in Pescud's presence.
The prisoners received good characters.
GUILTY — Eighteen Months' Imprisonment eash .
MR. COOPER conducted the Prosecution; and MR. LILLEY the Defence.
ANTONY BUTTON . I am a carpenter, of 80, Alderminster Road, Bermondsey—on 30th September, about 6 o'clock, I saw the prisoner riding a pony in Alderminster Road—it was dusk, the lamps were not lighted just there—when I first saw him he was about twenty yards off, coming at a gallop, from ten to twelve miles an hour—it was a middling-sized pony—there was a bridle, but no saddle, only something like a sack—I saw five boys standing not quite in the middle of the road—the pony came in a direct line to them—I crossed the road on to the pavement, and called to them to look out, but they did not hear—the prisoner, I fancy, sang out "Halloa!" but they did not hear him, and the pony ran against the boy, and fell on him—the pony got up directly, and I ran and stopped the pony and rider, when he had only just got up on his feet—the little boy's father ran out, and carried him into the house.
Cross-examined. I heard the prisoner cry out "Hoy! hoy!"—the pony was not quite in the centre of the road when the deceased was knocked down; nearer his own side—I did not see the boy move—I have driven a horse a good many years ago—I know that the pony was galloping—I know the difference between a gallop and a trot, and between galloping and prancing.
Re-examined. The pony was not prancing, he was galloping.
ALFRED LITCHFIELD . I live at 27, Longley Street, Bermondsey—on Saturday evening, 30th September, I was playing with Charles Wood, and there were two or three boys in the road, just before us—it was getting dusk—I did not hear the pony coming, but I saw him three or four yards from me, and he knocked Wood down—I ran—the prisoner fell—I did not hear him call out.
Cross-examined. There is not much traffic in that road—it leads out of the Kent Road—I did not see the deceased run on the path, and then run back to pick up something—I did not hear the pony coming, or hear Button shout, or the prisoner call out.
WILLIAM ELLIS . I live at 90, Alderminster Road—I was playing with Wood on this night—it was dusk—the lamps were not lighted—I did not see the pony before the boy was knocked down—I ran on to the pavement—I did not hear the prisoner call out.
Cross-examined. The deceased ran on to the pavement, and then ran into the road again, to get a stone with which he had been playing—that was after I had run away—he was just getting on to the pavement when the
pony knocked him down—if he had not run back to get the stone, he would have been saved—I heard the prisoner say it was not his fault.
CHARLES BUTTON . I am a compositor, of 140, Alderminster Road—I passed the spot, but did not notice the boys—I noticed a pony about 50 yards from me, coming towards me, and galloping, I should think twelve or fourteen miles an hour—the prisoner was riding on it, and ran right among the boys—he did not make the slightest effort to pull up—he had no whip or stick—I think there was a rope, instead of a bridle—I saw the boy knocked down—he had his back towards the pony—I had my eye on the boy about a minute before he was knocked down.
Cross-examined. I am not accustomed to horses, or to ride or drive—I was about thirty yards from the boy when the accident happened.
JURY. Q. Did you see the boy run from the pavement into the road and back again? A.No, and I am positive he did not.
Cross-examined. I went to him the same evening—he first asked me how the child was—I told him the result, and he said "It is a bad job"—I ascertained that his cart had met with an accident on the tramway that evening, and the tire of the wheel was taken off, and that he was riding home to his master on the pony.
HUGH COOLAHAN , I am a surgeon—the boy died from shock to the nervous system, occasioned by the injuries—there were a great many contusions at different places which would produce shock to the nervous system.
Witnesses the Defence.
EDWARD ATHERLEY JACKSON . I am a telegraph boy, living in the Old Kent Road—I was in Alderminster Road, and saw the prisoner riding a middle-sized pony—he was about twenty yards from some boys who were playing in the middle of the road—the pony was prancing—I did not hear the prisoner call out, or speak at all—I was going in the same direction as the pony—the boys were playing with marbles or stones, and heard somebody halloa to them to get out of the way, and then the little fellow ran back again—the pony was then near the middle of the road—I saw the accident happen.
JOHN SCHMIDT . I live at 90, Alderminster Road—about 6 o'clock on this evening I was looking from my window, and saw the boys playing in the road, and the pony about fifteen yards from them—I halloaed out "Get out of the road"—three boys ran away, and then the little boy came back again to pick up the atones, and he was knocked down—I opened my window and listened, but I did not go into the road.
GEORGE BUTCHER . I am a hawker, and let flys at the Mews near Alders-gate Street—the prisoner has been six or even months in my employ to put my horses in, as I have only one hand—he has driven for me at races, and has experience in riding and driving—he is very careful indeed—he never had an accident with me—he was on a pony 11 hands high, a poor little thing worth 4l. or 5l.—the utmost of its pace is eight miles an hour—I have driven it—it is broken-winded, and cannot run further out of harness than in.
778. JOHN MANN (30), PLEADED GUILTY to unlawfully uttering counterfeit coin and hating counterfeit coin in his possession, with intent to utter it, having been before convicted of larceny— Two Years' Imprisonment ,
GEORGE MAILYER (Policeman L 32). On 14th September a complaint was made to me by the prisoner's first wife, and Catherine Dearing—I went With them to 34, St. George's Road, and saw the prisoner in a workshop—I said "The second wife charges you with unlawfully marrying her, well knowing you were married before"—he said "All right; I am the man"—the first wife said "That is the man"—I cannot say if there was any conversation between the two women—each woman charged the prisoner with marrying her—prisoner said "I am the husband of both; and dear Catherine, don't press too hard against me."
Cross-examined. I have not mentioned before the prisoner's confession of marrying both women—I did not say "You are charged with intermarrying with this woman, well knowing your first wife to be alive; our name is Patrick McHugh"—I asked him what his name was—he said "Patrick McHugh."
CATHERINE DEARING . I live at 2, Holland Street, Soho—I was married to the prisoner on 2nd December, 1865, at St. Ann's Church, Queen Street—he said his name was James Parker Hewitt—he married me as a single man—I went with a constable to St. George's Road, with his wife—we both charged him at the Police Court—he asked me to go and get him some beer—there was so much confusion, I cannot tell what was said exactly—I charged him with bigamy—he said to the policeman "I am the man"—he said nothing to me about the charge.
JOSEPH EMPSON . I am a clerk, and live at Henton Road, Clapham—I was present, as a friend of the Rector, at the marriage of the prisoner, on 13th February, 1856—Mons. Eyre, Rector of St. Mary's Roman Catholic Chapel, performed the ceremony—there was only one marriage on that day—I believe prisoner to be the man—I could not swear—he gave the name of "James Hewitt."
Cross-examined. I would not like to swear the prisoner is the man—he is about his height.
GUILTY .— Eighteen Months' Imprisonment .
ADJOURNED TO MONDAY, 20TH NOVEMBER, 1871.