CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 8TH, 1872.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 8th, 1872, and following days,
BEFORE THE RIGHT HON. SIR SILLS JOHN GIBBONS, BART., LORD MAYOR of the City of London; Sir ANTHONY CLEASBY , Knt., one of the Barons of Her Majesty's Court of Exchequer; JOHN RICHARD QUAIN, Esq., one of the Justices of Her Majesty's Court of Common Pleas; Sir JAMES DUKE , Bart., Sir DAVID SALOMONS , Bart., M.P., Sir WILLIAM ANDERSON ROSE , Knt., Sir THOMAS GABRIEL , Bart., WILLIAM FERNELEY ALLEN, Esq., Sir SIDNEY HEDLEY WATERLOW , Knt., and THOMAS SCAMBLER OWDEN, Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., 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.
Sir FRANCIS WYATT TRUSCOTT, Knt., Alderman.
CENTRAL CRIMINAL COURT.
GIBBONS, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoner 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, April 8th, 1872.
Before Mr. Deputy Recorder.
306. FREDERICK WOODBRIDGE, (47), PLEADED GUILTY to unlawfully obtaining goods on credit by false pretences.— Three Months Imprisonment. He was also charged with JOSEPH BARTLETT (42) , for obtaining goods by false pretences. No evidence was offered against BARTLETT .
NOT GUILTY .
307. FRANK EDWARD ADDERLEY (31) , PLEADED GUILTY to feloniously forging and altering a bill of exchange for 17l., with intent to defraud—recommended to mercy by the prosecutor.— Six months' Imprisonment.
308. EDWARD FAULKNER (22) , to breaking and entering the counting-house of George Singer, on 7th and 20th March, and stealing 5l. and 8l. 9s — Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.] And
MR. F. H. LEWIS for the Prosecution offered no evidence.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Fellowes.
CHARLES GORDON . I am manager to Messrs. Moses, Son and Davis, of 101, Hubbard Lane, Cheapside, clothiers and mercers—Claridge was in their employ as a trimmer—on 6th February, about 10 o'clock, for reasons I had I called him into the counting-house—I asked what he had got about him—he hesitated for some few minutes, and then he took from out of his hat about a yard and a half of black Italian cloth—I then asked if he had anything more about him—he unbuttoned his waistcoat and from
thence took about two yards of blue cloth—these (produced) are the goods—I said "Good God, Alfred, did you forfeit character and Situation for a trifle like that? how long has this been going on?"—he replied "Only two or three weeks"—I asked what he had done with the things that he had taken—he said he had sold them—I asked who to—he said to a Mr. Fellowes—I asked the residence of this Mr. Fellowes, which he told me—he was then given into custody—he began to cry and begged forgiveness, not for himself, but for his wife and family—up to that time I was not aware that he was married—I afterwards went with the officers Green and Rowbotham to Fellowes house—he keeps a little tailor's shop in Golden Lane, St. Luke's (he has also another shop at Notting Hill, which I was not then aware of), when we entered the shop Fellowes was there; there being two or three persons there, Green told him that he wanted to speak to him privately, upon which he asked us into the back-yard; Green then told him what he was and the nature of our business—he stood still for some time without answering—at last Green told him that he had Claridge in custody for stealing a lot of cloth from his employers, and he had every reason to believe from what Claridge had stated, that he had purchased them of him—he then said "Well, I suppose it is no use"—he then took us back into the shop and said "What do you want?"—Green said he wanted some blue cloth, or any other things that he had purchased of Claridge, upon which he commenced routing about some pieces on a board, and produced a remnant of black cotton velvet, which I swore to the best of my belief was the property of my employers—Green said "Now then, we want some blue cloth which you purchased of Claridge "—upon that he took Green upstairs into the second floor, leaving me and the other officer in the shop—after some few minutes I was called up by Green, who showed me four lengths of blue cloth, which Fellowes acknowledged that he had purchased of Claridge, and asked me if I could recognise them—I immediately swore on examining them, to the best of my belief they were also the property of my employer—Green then told me to look about the room and see if I could see anything else that I could recognise—I searched about the room, there were lots of pieces of stuff strewed about in nooks and corners; it was more like a lumber room, and I picked out several pieces of black cloth, and black doe and other things, which I also swore to the best of my belief was the property of my employer, and which Fellowes said he had purchased of Claridge; I picked out and took away twenty-seven pieces of cloth, twelve pieces of velvet, four pieces of Alpaca, one piece of Russell cord, and a quantity of lining, which are now produced—they are in lengths that will cut garments—the value of them is about 30l.—I afterwards went to the other shop in James Street, Pottery Lane, Notting Hill, and there found property which I identified, and which the officers brought away—there were about fourteen or fifteen pieces of cloth and tweed, no velvet there.
Cross-examined. Claridge had been in our employment about seven or eight years—it is our custom to allow the trimmers to buy goods once a week, signed by a ticket by myself, and for their own use only—we always give them invoices—I know that Claridge has bought articles at different times—I said before the Magistrate that Fellowes gave every facility for the search.
Re-examined. None of the articles produced had been sold to Claridge.
how long this had been going on—he said "About three weeks"—he was asked what he had done with the goods—he said "I have sold them to Mr. Fellowes, in Golden Lane"—I then took Claridge into custody, and subsequently went to Fellowes, 108, Golden Lane, with detective Green and Mr. Jordan—I have heard Mr. Jordan's Statement of what passed there; it is quite correct—as the goods were taken from the shelves, Fellows said: "These are yours "—there were others as to which he said "You need not look at them, they are not yours."
Cross-examined. Mr. Jordan selected the pieces, and Fellowes said: "Those are yours."
Re-examined. That was after Mr. Jordan had identified them.
WILLIAM GREEN (Detective Officer). I have heard Mr. Jordan's Statement, it is perfectly correct—on the way to the Station, mention was made of one of the pieces of blue cloth that has been produced, and Fellowes said "Yes, I bought a piece of blue cloth yesterday, at dinner time, of Claridge"—I asked if he had any bills or invoices, or books, to show me that he had bought the goods that we had found in his shop legitimately—he said "I have some bills and invoices here; you can see them, but I have none relative to these goods that I have bought."
CHARLES JORDAN (re-examined). I asked Fellowes what he paid for the piece of blue cloth, which I pointed out to him—he said "3s. 1d."—the value of it is 6s.—I asked what he paid for the other things—he said "Various prices, Claridge placed his price upon them, and I paid him what he asked."
Fellowes. I did not say 3s. for the piece, I said 3s. a yard; there are two yards.
Witness. He said 3s. for the piece.
Fellowes received a good character.
CLARIDGE— GUILTY — Fifteen Months' Imprisonment.
FELLOWES— NOT GUILTY .
MR. COLLINS conducted the Prosecution; and MR. OPPENHEIM the Defence.
The certified copy of the record of the conviction not being forth coming MR. COLLINS withdrew from the Prosecution.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution.
JAMES HAM (Detective Sergeant P), I am stationed at the Carter Street Station, Walworth—I never saw the prisoner before 7th January last; he came to me—I have had under my attention some persons of the name of White and May—on 7th January, the prisoner came to me at the Surrey Sessions, where I was engaged—he then made some communication to me in reference to White and May—about a month afterwards he brought to me Mr. Andrews, the manager of Messrs. Head, and in his presence Mr. Andrews made a communication to me in reference to a block that had been obtained from them by White and May—I had a few words with Mr. Andrews, in the prisoner's presence—I advised him to obtain a warrant against the parties, and unless he did so I could not interfere, and there the matter dropped; I heard nothing more of it till 19th February, except that
on 17th February I received a letter from Mr. Riley, that was in consequence of a communication I had made to him—on 19th February, the prisoner came to me at the Carter Street Police Station—he said "I have seen Mr. Riley, who has got possession of the block, and he is willing to give it up for nothing; he only wants 5s. for the carriage, and 5s. or a little more for a new case to put it in as White and May had broke the other one up"—I said "It is very strange they should offer to give it up for nothing"—he said "Yes, they will, for they are frightened of you"—I said "Well, you can tell them to send to the firm if you like; I have nothing more to do with it"—he said "No, they will give it up to you if you will give me a note to take to them"—I gave him an order endorsed on the letter I had received from Mr. Riley; he had a great objection at first to my writing on Mr. Riley's letter, but I said I would do so, and then he would know where it came from—he said "Well, give me the money to give them to pay for the carriage and the box, as Mr. Head is to pay all expenses, and give me a couple of sovereigns for getting it back for them"—I had not anything less than a sovereign, and I gave him that to pay for it and told him to bring me back the change that night—I did not see him that night—he did not say a word to me at that time about having received a cheque for 5l. 5s. from Mr. Head, to obtain the block; he did not give me any money—he did not say he had signed my name on a cheque made payable to my order by Mr. Head—I was not aware of it till I saw it on the 24th—on the morning of the 20th, I met him outside the Carter Street Station—I said to him "Where is the change for that sovereign I gave you?"—he said "It is all right, Sergeant, Mr. Riley is going to bring it with the machine on Thursday to the Station at 2 o'clock"—he never told me then that he had signed my name to a cheque, or gave me any money on it—neither block or money turned up—I did not see him again till the 29th, when I met him at the Elephant and Castle, and took him into custody—I said to him "Wilbraham, I am going to take you into custody for forging my name on a cheque in the City"—he said "I forged no cheque"—I said "Yes you have, I have seen it"—he said "No I have not"—I then called a constable and sent him to Moor Lane Station—the signature on the back of this cheque is not my writing; I never authorised the prisoner to put my name there.
Prisoner. Q. How long have you known me? A. Since 7th January—I did not employ you in November, to trace some things that had been obtained by false pretences—I did not authorise you to write in my name—on the 15th February I did not meet you at the Elephant and Castle—you did not give me 5l. in the Black Prince public-house, Walworth Road, in the presence of two officers of my division—I do not remember two policemen being there—you told me previous to the 14th, that May and White were having blocks from Yorkshire, and mentioned the firm's name—I wrote the order on Mr. Riley's letter, at the Carter Street Police Station, on the morning of the 19th.
THOMAS HOWARD HEAD . I am a mechanical engineer of 90, Cannon Street—Mr. Aaron Andrews is a traveller for the firm, the sale of blocks would come entirely under his control—we also carry on business in the North—my first knowledge of the prisoner was through Mr. Andrews—it was in reference to a block that had been obtained from our firm—I think I had an interview with him on the 14th February—we discussed the question as to whether we could prosecute this man May, and he said if we did not prosecute, Riley who had the block would give it us back again for 5l.
through Sergeant Ham—he represented himself as the representative of Sergeant Ham—I said we would agree to give 5l.—he asked me to give 5s., more, as I supposed for expenses, and I wrote a cheque for five guineas—I said "I don't think I ought quite to give you an open cheque"—and he said "Make it payable to Sergeant Ham"—my clerk wrote the cheque and I signed it—this is it, the words "Carter Street" are in my handwriting, (This was drawn in favour of Sergeant Ham, Carter Street.) The cheque has been returned to me through my bankers as having been honoured—the prisoner said the 5l. was for Riley to get the block, the value of the block was about 11l. 10s.—he handed me this receipt (Read "14th February, 1872. Received of Thomas H. Head, Esq., 5l. 5s. in payment of account as per margin; "signed"pro Sergeant Ham, Police Station, Carter Street, Walworth. J. Wilbraham"—he signed that at my request—I did not get the block back.
Prisoner. Q. It was at my Suggestion, was it not, that you wrote that cheque for Sergeant Ham? A. Yes, you had previously seen me two or three times, respecting the return of the block, about a month previously.
THOMAS RILEY . I carry on business with Mr. Fenton, as mechanical engineers, at 668, Station Road, Bermondsey—I bought this block from May and White for 8l.—the first knowledge that came to me of there being anything wrong was through a letter from Sergeant Ham—I immediately wrote a reply on 17th February—I never saw the prisoner till 23rd February—he had no authority to say I would take 5l. for the block, or that I would take 5s. for the new case and 5s. for the cost of removing it—on Friday, 23rd February, I saw him at—my residence, about 9 o'clock in the morning—he said "I have come from Sergeant Ham"—I said "Yes, I have received a letter from Sergeant Ham"—he said "We must call on you to give it up"—I said "Indeed, who is to be at the loss?"—he said "You will have to do so unless you can get it from those you obtained the block from"—I said I would mention it to my partner, which I did—he did not give me 5s. for the case and 5s. for the carriage, nor was anything said about it—he did not give me a sovereign, out of which I was to take 10s. change to Ham—I did not say I was frightened of Sergeant Ham, or anything of the sort—the block was never sent to the Station, it is now in our possession.
Prisoner. Q. How much did you give May for the block? A. "8l.—I believe the receipt is at the office"—I have not said that I should be very glad to take. considerably less for the block as it was damaged, and we were not able to use it—I don't know that you called at my house several times before I received that letter, some person called—I did not see you—a person called and made an appointment to meet Sergeant Ham at 7 o'clock in the evening—I did not keep the appointment—I did not say to you, "Well, if I must give up the block, I must"—I said I would see my partner—you said "Shall we send a truck for it?"—I said "No; you have no occasion to do that, if my partner agrees to the things being sent back, we will send them back"—when my partner came, he said "Certainly not."
WILLIAM HARDING (Policeman P). I was at the Carter Street Station on 20th February—I was in Company with Ham, and heard the conversation to which he has spoken—I did not see the sovereign paid—I saw him the next day—as soon as Ham saw him he said, "Halloa! where is the change of that sovereign?"—he said, "It is all right, Jem (or Sergeant), Mr. Riley will bring the change when he brings the block back on Thursday."
Prisoner. Q. Did not I say, not that Mr. Riley would bring it, but that
it would be settled as soon as ever we got the block back? A. No; you mentioned Mr. Riley's name—this was on Tuesday morning the 20th—I went with you on the 22nd to the Devonshire Street Railway Station to inquire about some handles, and also to a telegraph office—I wrote the telegram.
The Prisoner in his defence, alleged that he had assisted Ham, in the detection of a number of swindlers, and considered that he had authority to sign his name to the cheque; that he had paid him five sovereigns in a public-house while two officers were there; that Ham went to Kingston races, and might have lost the money there, as he afterwards stated to him that he had lost a large sum there.
GUILTY — Eighteen Months' Imprisonment. Detective Ranger stated that the prisoner had been for many years connected with a gang of swindlers.
NEW COURT. Monday, April 8th 1872.
Before Robert Malcolm Kerr, Esq.
315. MARY CRAWLEY (55), PLEADED GUILTY to unlawfully uttering counterfeit coin. She was further charged with a previous conviction of a like offence in the name of Eliza Williams, to which she PLEADED NOT GUILTY.
MR. CRAUFURD conducted the Prosecution.
JOHN LEE (Policeman H 42). I produce a certificate (Read: Central Criminal Court, Oct. 1869, Eliza Williams, convicted on her own confession of uttering a counterfeit shilling. One Year's Imprisonment). I was present—the prisoner is the woman.
Prisoner. I am mistaken for another woman—I have never been in prison in my life.
Prisoner. Q. Did not you ask me on Saturday whether I knew you? A. No; I said that you ought to know me; I said "That is Williams."
GUILTY— Eighteen Months' Imprisonment.
WILLIAM SHIRLEY . I am barman at the Grapes, 45, Strand, about 200 yards from the Queen's Head—on 17th February, between 8.0 and 8.15 I served the prisoner with a glass of ale, which came to 1 1/2 d.—he gave me a bad half-crown—I bent it and gave it to Mr. Hudson, who broke it—he kept one piece and gave the prisoner the other—the prisoner said that he got it at the railway Station, and gave me a good one—I gave him the change.
Cross-examined. He saw me testing it, but he finished his beer.
WILLIAM GEORGE HUDSON . I do not assist my father, but I came into the bar, saw the prisoner there, and followed him—another man joined him outside—I missed the other man near the Salisbury Arms, and saw the prisoner looking in at an optician's shop—the other man joined him there, and they went to Adelphi Terrace—one of them wore white trousers—I saw money passing between them down a side street—they were there about five minutes, and then the prisoner went into the Queen's Head. I went in and called for a glass of ale—I spoke to the barmaid, but the prisoner could not hear me—he had something to drink, but I did not see what took place.
CHARLOTTE PICKERING . I am barmaid at the Queen's Head, 405, Strand—on the evening of 17th February I served the prisoner with a pint of half-and-half—he gave me a half-crown—I told him it was bad, but he doubted it—I asked him to give it to me again; he did so, and I tested it and broke it in half—he only had 1d. left, so he only had a half-pint of beer.
Cross-examined. He stood near the door, and there was nothing to prevent his going out.
THOMAS LANCASTER . I am landlord of the Queen's Head—my attention was called, and I went out and saw George Hudson, junior, who made a communication to me, and I gave the prisoner in custody, with the pieces of coin.
GEORGE JUBY (Policeman E 333). On February 17th the prisoner was given into my custody—I received a piece of a half-crown from Mr. Lancaster and another piece from Mr. Hudson—nothing was found on him.
He was further charged with a former conviction of a like offence in July, 1869, to which he
PLEADED GUILTY.— Five Years' Penal Servitude.
PLEADED GUILTY .— Ten Years' Penal Servitude.
MR. COLERIDGE offered no evidence against .
MARY CARTER and LLOYD.— NOT GUILTY .
BARTHOLOMEW HARRIS . I am a milk man, of 13, Kilmarsh Road—on the 22nd February the prisoner came for two eggs and a halfpenny worth of milk, which came to 2 1/2 d.—he gave me a florin—I saw my mother-in-law put it into the till, I gave him the change, and he left—I tried it in the tester about an hour afterwards and found it was bad—I took the pieces to the prisoner in the afternoon, and he said that he did not know where he got it—I saw him the next day, and he said that his wife had been to where she got the change, and they told her that they did not give it to her.
Cross-examined. I served him with the milk in the shop—the shop was closed, but the door was open—he did not have to go to the side door—my mother-in-law served him with the milk—I did not serve him out of the pail which I was taking out—she served him off the counter, and with the eggs also—no other money was in the till—I went in the afternoon to the prisoner's bench at Kirkman's pianoforte manufactory, and said, "Do you
know what sort of a two-shilling piece you gave me this morning?"—he said "No"—I said "It is a bad one"—I did not tell him that I had tried to pass it, and that I should have been locked up if I had not been known as a respectable tradesman—I have seen him every day since—he did not give me his address, but I knew where he lived and worked—I have taken a few eggs to his house—he has dealt with me nearly two years.
Re-examined. That was the first and only money I took that morning—when I saw him at Hammersmith it was on another Charge.
MARGARET BELL . I live at l, Albion Road, Hammersmith, and am assistant to Mr. Taylor, a grocer—on 2nd March I served the prisoner with two bundles of fire wood and two eggs, they came to 3d.—he gave me a florin; I broke it in the detector and said "Did you know this was a bad one?"—he said "No; "—I asked him if he knew where he got it; he said "Perhaps my wife got it"—I gave it back to him; and he paid me with good money—he said that he lived at Rainham Road.
Cross-examined. It was dark—we were rather busy—next time I saw the prisoner he was in custody in a cell—he was in the shop two or three minutes after I accused him—he did not hurry out Of the shop—there were four other men in the cell with him—I looked through the grating.
Re-examined. I have no doubt about his being the man—I picked him out at once—the policeman asked them if they knew me; the others did not speak, but the prisoner said "I do not."
MARY JAMES . I am the wife of William James, of Albion Road, Hammersmith—on 2nd March, about 9.45 p.m., I served the prisoner with an ounce of tea, and a half-ounce of sugar, which came to 4d.—he gave me a half-crown which I put on the shelf where there was no other half-crown—as soon as he left I rubbed it, saw it was bad and put it on the shelf again; I afterwards showed it to my husband and put it back, and it remained there till 7th March, when the prisoner came again I recognised him directly—he asked for a small rasher of bacon which came to 1 1/2 d. and gave me a florin—I tried it in the detector, and it broke in two pieces—I laid the larger piece on the counter and the prisoner took it up—I kept the smaller piece—I told him I should lock him up for uttering a bad half-crown and florin—he said that he was very sorry and begged me not to do it as he did not know what the consequences would be—I called my husband and I think the prisoner gave him the larger piece—he went out with the prisoner—they returned in five minutes and brought me a good half-crown for the bad one, and then let him go—I went with Black next morning to Messrs. Kirkman's, saw the prisoner coming out of the factory and charged him—I gave the bad half-crown and the smaller piece to the constable.
Cross-examined. He told me that the baker knew him and would lend him the money—he left his jacket while he and my husband went to the baker's—none of Kirkman's men deal with us that I am aware of, and I do not know that the prisoner did before this.
WILLIAM JAMES . On the night of 2nd March, my wife showed me a counterfeit half-crown—and on the night of the 7th she called me into the shop where the prisoner was, and said that he had tendered a bad florin, and that he was the man who came on the Saturday evening, with a half-crown—I gave the prisoner a piece of the florin and said "Now you can throw that away as you have given me a good half-crown"—he took me to a baker's shop who lent him a half-crown to pay me—he left his coat at my shop—he said that he worked at Kirkman's and received 2l. a week—I did
not go there; I communicated with the police and the prisoner was taken next day.
Cross-examined. I was not at home next day when my wife went to kirkman's.
WILLIAM BLAKE (Policeman J 196). I went with Mrs. James to Kirkman's—she pointed out the prisoner, and charged him—he said he was innocent, and would settle it with her husband, and that he must have got the half-crown from his master, who paid him at the Knightsbridge Arms—he said that he worked for Mr. Webb, at Mr. Kirkman's.
GUILTY .—He was further charged with having been convicted in July, 1864, to which he
PLEADED GUILTY.**— Two Years' Imprisonment.
MESSRS. COLERIDGE and DEMICHELE conducted the Prosecution.
MARY ANN TAYLOR . I am barmaid at 96, Cannon Street—on 15th March I served the prisoner with a half-quartern of rum, which came to 3d.—she gave me a florin, and I gave her the change—I saw that the florin was bad, and gave it to Mr. Bell, who broke it—I said that it was bad—she said she was not aware of it, and picked the pieces up, and gave a good one—Mr. Bell followed her.
ELIZABETH GRAHAM . I am barmaid at 109, Upper Thames Street—on 16th March I served the prisoner with a glass of ale—she gave me a florin, I put it in the till, where there was only some small change, and gave her 1s. 6d. and coppers in change—she left and Mr. Bell came in—I looked at the coin and found it was bad—he marked it, but did not take it away—I gave it to him later on.
EDWARD BELL . I assist my father, who keeps a public-house at 96, Cannon Street—I remember the prisoner coming there—the barmaid handed me a bad coin—I broke it and put the pieces on the counter, and the prisoner took them up—she said that she got it for doing some washing—she paid with good money and left—I followed her into Thames Street, where she met Jones—(see next case)—she left him and went with her child into the Shakspeare—I went in and spoke to the barmaid—I then followed them to Allhallow's Pier, and went on board the steamboat with them to Hungerford, where they got out and got into a small row-boat—I followed them on the Embankment—they got out at the Temple, and I gave them in custody at Essex Street, with the coin.
MESSRS. COLERIDGE and DEMICHELE conducted the Prosecution.
EDWARD BELL repeated his former evidence, and added—when I followed Edmunds she met Jones in Angel Passage, and they walked together till she went into the Shakspeare beer-house—when she came out I went in
and spoke to Elizabeth Graham, who gave me a florin, and I marked it—I then followed the prisoners in the boat, and kept them in view till I gave them in charge in Essex Street.
Jones. Q. Will you swear I am the person who spoke to the female? A. I have sworn it.
Jones' Defence. I made acquaintance with the Woman on board the steamboat; I never saw her before.
GUILTY — Two Years' Imprisonment each.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
SAMUEL LEWIS . I am barman at the Victoria Hotel, Farringdon Road—on Wednesday, 27th March, the prisoner and another man came in; one of them laid down a half-crown, I took it up and found it was bad—the barmaid took it from my hand and bit it—this is it (produced) I know it by the mark—the prisoner took it out of the barmaid's hand.
WILLIAM BROWN . I am manager of Peel's Coffee-house, Fleet Street—on 27th March the prisoner came in for a half-pint of porter—he tendered this half-crown, I know it by the marks on it—I returned it to him and told him it was bad—he gave me two halfpence.
CHARLES MARTIN . I live at the King of Denmark Inn, Old Bailey—on 27th March the prisoner came for 2d. worth of beer, and gave me a half-crown—I put it in the till—there was another half-crown there with a mark near the edge—when I took it out I noticed it.
WILLIAM GRIGG . I am head barman at the King of Denmark—on 27th March I saw the prisoner in a private box near the bar—I went to the till directly and found two bad half-crowns—I know this one by the mark—I gave it to the constable.
WILLIAM TANSY (City Policeman 553). On Wednesday afternoon 27th March I was in Farringdon Street, and saw the prisoner and another man near the Victoria Tavern—I went in and they came in and asked for a half-quartern of gin, and put down a half-crown—the barman gave them change and they left—I followed them to the White Hart, Giltspur Street—when they came out I found that they had paid with good money—I followed them to Peel's coffee-house, and heard the prisoner ask for a half-pint of porter—he put down a half-crown—I ascertained something from the barman and followed the prisoner to the King of Denmark, when I saw him again put down a half-crown—he went out and I followed him into Fleet Street, took him in custody, searched him, and found 4s. 6d. in good money—I asked him what he had tendered for the porter at Peel's?—he said "A half-crown"—I asked him what he had done with it?—he said "I put it in the sink outside the public-house."
The Prisoner's statement before the Magistrate: "I am guilty of uttering a bad half-crown at two houses, but not at the third."
Prisoner's Defence. I am guilty of going in the houses in Fleet Street,
but not into the other two houses; I did not think of the halfpence at the time, or I would not have put the half-crown down.
GUILTY .*— Twelve Months' Imprisonment.
MR. COLERIDGE conducted the Prosecution.
ALEXANDER NEW . I am a tobacconist, of 1, Pall Mall, in partnership with Thomas Nugent—on 1st March, about 1 o'clock, I served the prisoner with a half-ounce of shag—he gave me a bad florin, I doubled it up; gave it back to him and said "This will not do?"—he said "Is it bad?"—I said "Yes"—he put it in his teeth, and walked out saying he only had a penny.
ELIZABETH PALMER . I am barmaid at the Gloucester Inn, Oxford Street—on 1st March I served the prisoner with a glass of porter, it came to 1d.; he gave me a bad florin; I bent it in two places—this is it—he said that he could not pass it again, and he had taken it in change for a half-crown—I gave it back to him and he left.
JOHN MAY . I live at 21, Upper Brook Street—on 21st March I was in the Gloucester public-house, and saw the prisoner served with some beer, he tendered a florin; the barmaid bent it and returned it—I followed him up several streets, and finding he was watched he dropped something down a sewer, which I afterwards pointed out to the sergeant.
GEORGE HOOPER . I am a painter—on 1st March I was in the Gloucester public-house, and saw the prisoner pass the florin; I followed him to Cumber-land Street, and when he saw he was watched he walked into the middle of the road, and threw something down the sewer; he walked sharp and then ran; I ran, and he said "Do you want me?"—I said "I do, I have got you"—he said "I will smash your b—brains out"—I said "I will show you a trick worth forty of that, "and gave him in charge."
Prisoner's Defence. When the young woman said that the florin was bad, I threw it down the sewer, and this gentleman came and laid hold of me; I received it at London Bridge Station, in change for a half-crown for a ticket to Forest Hill.
GUILTY .**— Two Years' Imprisonment.
OLD COURT.—Tuesday, April 9th, 1872.
Before Mr. Deputy Recorder.
MR. METCALFE conducted the Prosecution.
am treasurer to the Very Rev. Canon Oakley, who is priest of the Roman Catholic Church, in Duncan Terrace, Islington—the money of the church was kept under my care in an iron-safe in the sacristy—on 5th March, at half-past 9 o'clock in the evening, I found it quite safe—I did not notice whether the church doors were closed at that time—the safe was in the inner sacristy—from the outer sacristy there is a door opens into a short passage, and opposite that is a door which opens into a school-yard, which leads into a court or mews close by—you can get from the sacristy into the street without any difficulty—the doors are generally bolted inside—the prisoner was employed as organ-blower at the time—I did not see anything of him that evening—next morning about twenty minutes to 7 o'clock, I had occasion to go to the safe—I found the door of it opened, the look torn away from the inside of the door and lying on a bench close by—my books and papers were strewed about, and all the money gone except a few old copper coins which were valueless—there was 4l. 10s. in gold, a 3d. piece, and about 2s. worth of coppers gone, also some foreign coins, and some others things—the lock appeared to have been wrenched open with a large nail, which I found on the bench close by, which would have done it, and there was a mark on the safe where the nail had been driven in—on the bench I found a piece of an old patchwork quilt (produced), the money belonged to Canon Oakley.
Prisoner. Q. Were you the first that found it out? A. I think I was—I was not the first in the church in the morning, Michael Gowen was there before me; but I don't think he had noticed anything, I mentioned it to him and sent for a constable.
MICHAEL GOWEN . I live at 7, Cumberland Row, Islington—I am employed at the church in Duncan Terrace, I have several duties to perform there—on 5th March, about twenty minutes to 8 o'clock, I saw the prisoner leaning across the bottom railing of the church in company with another man—they were doing nothing—he asked me if Mr. Parry had come, or was he in the sacristy—I told him not; he was not come—there was a third man in the church—he walked about the church examining the side chapels—I asked the prisoner if he knew him—he said not—they remained perhaps 7, 8, or 10 minutes, and then went out at the church door; the gentleman went out by himself, and the prisoner and the other man went out by themselves; soon after I locked up the church, about 9 o'clock, it was all safe then—I locked and bolted the doors—the persons who attended to the church were generally paid on a bench close by the safe—the prisoner would be paid there once a month—the persons who were paid would have the opportunity of seeing where the money was taken from—the organ had not been played on the 4th and 5th.
Prisoner. Q. Did not you ask me if I had seen any one go out of the doors? A. I asked if you knew the gentleman—I might have said that he looked very suspiciously all about in every nook and corner of the place—I said he examined every side chapel—I said he looked like a gentleman—I believe I once found the doors open after I had locked them—I believe the school boys opened them to go into the school-room.
Re-examined. There were no boys in the church on this night when I locked it up, nor anybody at all that I could see; if there was any one there they must have been concealed—no one slept in the sacristy.
Duncan Street, near the County Court, about 100 yards from the church—there were two men standing talking with him when I came up to them—they passed over to the other side of the street—when I came back from the errand I was sent on in about five minutes, they still remained there talking—I knew the prisoner before.
Prisoner. Q. You had often seen me before of a night talking to persons? A. I have seen you by yourself when it was your night to come to the church to blow the organ, but never with any one—I have seen you in the day-time with a company of men by the turnpike—you never roused my suspicions as you did that night by crossing over.
MAXWELL ALLINGHAM (Detective Officer N). On the morning of 6th March, between 8 and 9 o'clock, I received information, and went to the church—I found the safe broken open, the lock broken off—there were marks on it showing that it had been prized up by this nail—Mr. Parry gave me this piece of rag, that might be used to put round the head of the nail to ease the mallet, so as to make no noise—the safe was an old one—in consequence of information, I went and watched the prisoner—I followed him all day long from one public-house to another—I found him first in the Carved Red Lion, at the corner of St. Peter Street, Essex Road, about 11 o'clock in the morning, and I followed him, till 10 o'clock at night, into nearly a dozen public-houses—he paid for nineteen pots of malt liquor—he did not drink it all himself—he had some companions with him—he paid for them—he did not change any gold—he paid generally in silver—the last house he was in was the Blue-coat Boy, in company with five other men—I went in there and told him I should charge him with breaking open an iron safe in St. John's Church, Duncan Terrace, and stealing there from 4l. 10s. in gold, some foreign coins, a gold ring, and a purse—he said "I have got none of the sovereigns. If I am going to be locked up for this, I was there, but you must get the other two with me "—I went and searched a room where he lives in Parsley Court, and there found this piece of old quilt, which corresponds with the piece found in the safe—before the Magistrate the prisoner said "I hope you will settle it here. I plead guilty."—But Mr. Partridge said it was not a case for him to settle; it must go before a Jury.
Prisoner. I deny it. The Magistrate cautioned me that anything I said would be taken down. Witness. It was before that he said it—the Magistrate cautioned him, and then he reserved his defence—I found no marks of violence on the church doors—I did not tell the prisoner there were two other men, and ask him who they were—he was dumb when I took him.
Re-examined. I have been in search of two other men, one named Michael Kilrose, better known as King Dick—I have not been able to find them—when anything like this is done, they go tramping—I found 1s. 9d. on the prisoner.
Prisoner's Defence. James Somers says that the place was all safe at 11 o'clock, and I have a witness to prove that I was in bed at 11 o'clock. I went to the church that night thinking there was service. As I was looking at the notice board outside, a man came up to me and said "Is Mr. Parry in the church?" I said "I don't know; I will go and ask for you." I went in and saw the old gentleman who minds the church and asked him, and he said Mr. Parry was not expected that night. I went out and told the man, and went to the corner of Duncan Street with him. I bid him good night, and went straight home, and at 11 o'clock I was in bed. My sister can prove it, and so can Mrs. Randall.
PLEADED GUILTY to a previous conviction in January, 1859— Two Years' Penal Servitude.
326. HENRY ALLEN (22), JOHN ADAMS (22) , Burglary in the dwelling-house of Mary Pearson, and stealing two brooches, an eye glass, and 8s. in money, her property, and four pairs of boots, two pairs of gloves, and a button-hook of Edward Carolus Bradstreet.
PLEADED GUILTY .
MR. HUMPHRIES conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Adams.
MARY PEARSON . I am single, and live at 37, St. "Paul's Road, Camden Town—on 22nd February, I fastened up the house as usual—I was in the garden after 12 o'clock, and I fastened the house up when I came in—I was afterwards disturbed by a noise in my bedroom—I heard something drop—I concluded it was some lodgers in the house—I sat up in bed listening for sometime, and heard no more—when I got up in the morning I found the house had been entered and was in confusion—I found a bar of the pantry window was wrenched off where the entrance had been made—one was removed, and then a person could get in—the glass of the window was not broken; the window had been thrown up—three drawers had been emptied on the dining table, and I missed a great many small articles—this is my dress—I missed that—my purse was in the pocket—my keys were taken out, and left behind—this chain, eye-glass, and photograph are mine—I missed them.
WILLIAM CAROLUS BRADSTREET . I am a clerk to the Board of Trade—I am a lodger in the house of the last witness—on 22nd February, I got home about 12.45 in the morning—the house was in the same state as usual—I went in with my latch-key—I did not bolt the door—next morning I found my sitting-room was in confusion—the contents of a cabinet had been taken out—I missed four pairs of boots, a meerschaum pipe, some gloves, and other little things—these boots, this pipe, and the gloves are my property—there is a button hook here, which I believe is mine.
Cross-examined. I can't say it is mine, but it exactly resembles the one that I lost.
THOMAS LUCAS (Detective Officer Y). I took Adams into custody on 1st March, on a charge of burglary—he said "You have made a mistake this time, it is my brother you want"—I said "No, it is you"—I afterwards told him where the burglary had been committed—he said he knew nothing about it—on the 7th, from information I received, I went to his lodgings—I found this portrait in his box, a pair of gloves, and a button-hook.
Cross-examined. He said "You have made a mistake this time, old man; it is not me, it is my brother"—his brother has absconded—I have been after him ever since.
Re-examined. That was for another burglary.
JAMES STAMFORD (Police Inspector Y). I went with Detective White to Adams' lodgings—I saw these gloves and the button-hook there, but not knowing of this case then, I did not take them—the house contained three rooms down stairs, and two up stairs.
Cross-examined. I believe his brother has absconded, we can't find him.
Re-examined. His brother is wanted on another charge.
Cross-examined. I know Adams' brother as well—he used to come very frequently also.
ADAMS— NOT GUILTY .
PLEADED GUILTY . No evidence was offered against
NOT GUILTY . ALLEN received a good character— Nine Months' Imprisonment.
MR. PATER conducted the Prosecution; and MR. MOODY the Defence.
MARY TRIX . I am a widow, and live at 1, Lavender Grove—on the night of 11th February, about 12 o'clock, I was in Lansdowne Road, returning from my daughter's, where there was a child ill—as I was walking on I felt a very severe blow at the back part of my head, and before I had time to turn round, the prisoner came behind me and put one hand on my mouth and another on my throat—he got me on the ground, and the next thing I felt was his hand in my pocket—I said "Take my purse, but don't kill me;" he was so exceeding rough, in fact I have been under medical care for a month since—a gentleman came up, and said "What are you about to this lady?" and held him—another gentlemen came up and they wished me to give him into custody—I had a purse in my pocket, but it was empty—it was not taken—he had not the opportunity as the gentleman came up—I have no doubt that the prisoner is the person—he did not leave me until the gentleman held him.
Cross-examined. I saw the prisoner when I was on the ground—I was on my side, and he had great difficulty in getting his hand in my pocket—the first blow felt as if something was flung—there was a current of air—it was near the corner of Lansdowne Road—I had seen no one near me at the time I received the blow—I was seized immediately afterwards—I don't know the name of the gentleman who came up first—he is not here to-day—it was a little before 12 o'clock at night, and happened a little distance from the corner of the road; some few doors.
ROBERT BRIGHAM . I am a clerk, and live at 32, Shrubland Grove—about 11.30 or 12.0 on the night of 11th February, I was in the Lansdowne Road—I saw the last witness standing near the corner—the prisoner was close by—I daresay he might have had his hands on her elbow—she said that he had knocked her down and tried to rob her—he said the lady fell down and he was trying to pick her up—I took hold of him—he was very violent—I held him till a constable came up.
Cross-examined. When I came up they were both standing up.
STEPHEN MILLER . I am a potman, and live at 11, Leyton Street—on the 11th February, between 11.30 and 12.0, I was in the Lansdowne Road, and saw the prosecutrix and prisoner—they were standing together on the opposite side of the way—he had one arm round her neck, and the other
hand appeared to me to be across her mouth—there was a struggle, and they both fell down—he then placed his hand towards her pocket—a gentleman and lady came past about that time, and then the prisoner attempted to lift her up—she did not tell the lady and gentleman what was the matter—I remained till the prisoner was given into custody.
Cross-examined. I was on the opposite side of the road all the time—it is a good wide road; room for two or three carriages—there were no shops open at that time—the only light was the ordinary street lamp—I remained on the other side till Mr. Brigham came up—I did not have a close view of them till he came up—he was lifting her up when the lady and gentleman passed, that was before Mr. Brigham came up—when the old lady said something about his attempting to rob her, he said it was untrue, he was helping her up.
Re-examined. He was helping her up then, but before that it appeared as if there was a scuffle.
JOHN NORRIS (Policeman N 551). About 11.45 on 11th February, I saw a crowd, and the prisoner was struggling very hard with Brigham—when I got up the prosecutrix said "This man came and struck me a violent blow at the back of the head, which broke this comb"—I found two pieces of the comb on the pavement, and one piece was in her hair—she said "He placed one hand over my mouth, so, and one hand round my neck, and threw me on the ground"—the prisoner said "Did I take anything out of your pocket?"—she said "No; my pocket was too deep"—he said "The b—woman is drunk, policeman; it is only a get up"—another constable came up, and we took the prisoner to the station—in answer to the charge he said "If I am guilty, I am guilty; that will have to be proved before the Magistrate"—the prosecutrix was quite sober—she walked all the way to the station, and I had to call the doctor to dress her head, which was wounded.
Cross-examined. I believe I have stated before to-day that she said he had one arm round her neck and the other hand on her mouth—I searched him—I found a German silver watch and a chain, 3s. in money, and a pair of spectacles.
NOT GUILTY .
NEW COURT.—Tuesday, April 7th, 1872.
Before Robert Malcolm Kerr, Esq.
329. JOHN HEMMINGS (36), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of James Baynes, and stealing therein a watch and chain, two cloaks, and other articles, his property— Twelve Months' Imprisonment.
330. WILLIAM LAMBERT (19) , to feloniously forging and uttering an endorsement to a bill of exchange for 6l. 13s. 6d., with intent to defraud— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
331. GEORGE HARVEY COURTNEY (30) , to forging and uttering a receipt for 800l.; also, to stealing three orders for the payment of 50l., 110l., and 5l., with intent to defraud— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
333. JOSEPH STRICKLAND (19) , to forging and uttering an order for 20l., with intent to defraud; also, to stealing a diamond ring, the property of Philippa Norton Smith, his mistress, in her dwelling-house— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.] And
SARAH BARTLETT . On Saturday night, 16th March, the prisoner came up to me in the Hoxton Road, caught hold of my shoulder, turned me round, and said, "You can give me back the money I gave you"—I said "I cannot, I have spent it"—he said "I will cut your b—throat"—I turned round, and he struck me in the mouth—it bled fearfully.
Cross-examined. I had seen him once or twice before, and we had drunk together—he asked me to return some money which he had given me to sleep with me—it was 2s., that was the only money I had of him—I did not take some money out of his pocket that night—I saw the knife in his hand—this was in Postern Row—there was a lamp across the road—a surgeon came to me at the station.
FRANK STEPHENSON (City Policeman 175). On 16th March I heard cries, and found the prosecutrix bleeding a great deal from her mouth—she took me into a public-house, and pointed out the prisoner—I took him in custody.
Cross-examined. I have seen boys fight and get cut lips—no knife was found.
GUILTY of a common assault — Four Months' Imprisonment.
MR. MORTON conducted the Prosecution.
WILLIAM AUGUSTUS DENMAN . I am a licensed victualler, of 17, Windmill Street—on the night of the 26th November I secured my premises about 1.30—I bolted the back door myself, and put some tables and chairs against a broken window—I came down about 7.30, found that the house had been entered by the parlour window, and missed some property, which I afterwards identified at Bow Street.
HENRY MARSHALL (Detective Officer E). On the morning of 27th November I went to Mr. Denman's, and found that the house had been entered by getting over a wall into the back yard—I know nothing about the prisoner.
CHARLES MILLS (Policeman D 454). On the morning of 27th November I was on duty in Seven Dials about 3.45—I saw the prisoner in Dudley Street with another man—I called out to him to stop, which he did—he dropped some pictures and ran (the other man was carrying some bottles)—I ran after the prisoner, but could not catch him—when I searched the house I found two bottles, some biscuits, and wax candles, which the prosecutor identified—I saw the prisoner again on 9th March, but was not aware whether I could take him without a warrant, but on 14th March I took him into custody—he said he knew nothing about it.
Prisoner. I gave the pictures to the other policeman—there were two policemen. Witness. There was another policeman with me; he has been dismissed from the force.
The Prisoner's statement before the Magistrate was that a man gave him the pictures to carry, and some cigars and tobacco.
NOT GUILTY .
MR. MOODY conducted the Prosecution.
BENJAMIN JACKSON PAYNE . I am clerk to a ship's store dealer in the Minories—on Saturday night, 24th February, about 12.30, I was going over London Bridge, and the prisoner pushed up against me and made some remark—I could not pass him for some time—I saw his hand close to my scarf—I afterwards missed my pin, and went after him and collared him—he said he would walk quietly if I released him—I did so, and he ran away, but was caught by a policeman—one or two others were with him—I had not been drinking.
Prisoner. Q. Were you coming from the railway station? A. Yes, and you were coming from the City—I had felt the pin a few minutes before—I have a habit of putting my hand up to my scarf.
EDWARD KING . I am a hairdresser, of 80, Mile End Road—on the evening of 24th February I was going towards Old Kent Road, and saw the prosecutor coming from London Bridge station—the prisoner and two other young men went up to him—he got in front of him, and said "Halloa, old fellow, which way are you going?" and put his hand to his scarf and took something—the prosecutor went about twenty yards, missed his pin, and ran and caught him—they struggled, and the other two fellows went up, and he said "Tip hold," and gave the pin to them, and then said "Search me; I have not got the pin"—I saw him given in charge.
Prisoner. Q. Which way was the gentleman coming? A. Towards the City—a young girl who passed him spoke to him, but he did not answer her—she gave evidence at the Police Court that you took the pin—she had not hold of his arm.
JOSEPH ASH (City Policeman 803). I was on duty in Fish Street Hill, and heard a cry of "Stop thief"—I ran out of a court into Fish Street Hill, and saw the prisoner turn the corner, running—I stopped him and asked him what was the matter—he said "Nothing"—I said "We had better stop a minute and see;" and in about half a minute Mr. King came up, and said that he was wanted for stealing a pin on the bridge.
Prisoner's Defence. I was charged by Mr. Cohen about some ivory, and have had no peace ever since; the police come and mob me. I know nothing about the pin. I had been working hard all day.
GUILTY .— Twelve Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution; MR. HARMSWORTH defended Matthews, and MR. MEAD defended Sullivan.
JAMES CONNOR . I am a labourer, of 10, Lucy's Buildings, Leather Lane—one Saturday night I was going home along Christopher Street, and came to a part where there is a dead wall—I saw four men standing there—they said "Have you got any lights?"—I said "No"—they said "Have you got any—bacca?"—I said "No"—they said "I know better"—then they separated, and one went to my left side and struck me a severe blow on the head, and put his hand in my pocket and took my money—the police came up, and they left—I don't know what money I had, but it was all taken from me—I saw the prisoners in custody three yards off—I do not identify them.
Cross-examined by MR. HARMSWORTH. I had been to my mother's funeral at 2 o'clock in the day, and this happened at 1 o'clock next morning—I had been with some friends—I had some drink—I had some
money in my pocket before 12 o'clock at my friends' in Finsbury Square—I did not take it out in the street to look at it, but most likely I did in a public-house—I then had from 5s. to 7s.—I will swear I had more than 1s. 6d.—it was all in silver—I can swear I had a florin and other coins—I had been drinking ever since 2 o'clock.
CALEB GOMM (Policeman G 101). I was on duty in Christopher Street about 10 o'clock, and saw the prosecutor—four men, of whom the prisoners are two, went up to him, and as I passed he said, "They have robbed me"—I saw them surrounding him, and saw Sullivan strike him, knock his hat over his eyes, and knock him against the wall—I ran after them, and got hold of Matthews at the corner of Back Hill, Leather Lane, and as I turned round I caught hold of Sullivan walking back—I asked Connor if those were the two—he said, "Yes;" and I am sure they are, because I saw them—Matthews said "I only asked for a light"—I searched Sullivan, and found six half-crowns, a shilling, sixpence, and 11d. in copper—the prosecutor only mentioned a florin at the station.
Cross-examined by MR. HARMSWORTH. I was 30 yards off when I saw them surrounding the prosecutor.
CHARLES MATHEWS (Policeman G 60). I have resigned since this—I was on duty in Christopher Street, and saw the constable running—I ran after him, and found Connor on his knees getting up from the wall—the constable had got the two prisoners in custody—he handed over Sullivan to me, and I took him to the station.
Matthews received a good character.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MR. MEAD the Defence.
MARY GREEN . I am in the employ of Edward Wetherby, a baker, of Barbican—on the morning of 22nd March I was in the room behind my shop, and saw the prisoner Price in the shop—I thought he was a customer—I was wiping my hands, and waited a minute—I heard money rattle in the till, and when I went there the bowl was gone, and I saw it in prisoner's hands—I only saw another man's back, but he was about the size of Smith—there was, I believe, 3s. 3d. in the bowl—this (produced) is the bowl, I believe.
Cross-examined. I saw through a window, but I ran into the street after them—I am certain Price is the boy—I saw his face in the shop—ten minutes afterwards I saw him passing the shop in custody, and pointed him out to my master.
ISAAC WISEMAN (City Policeman 126). A gentleman spoke to me about 11.20, and I saw the two prisoners walking in Carthusian Street—as soon as they saw me they ran through Charter House Square, till they were stopped by another officer, who took Price, and I took Smith—they had run 400 or 500 yards—I found sixpence on Smith.
SMITH— NOT GUILTY .
PRICE— GUILTY .—He was further charged with having been convicted at Greenwich in January, 1869, to which he
PLEADED GUILTY**— One Month's Imprisonment, and Five Years in a Reformatory.
MR. HARMSWORTH conducted the Prosecution.
MARTHA EVERALL . I am the wife of Richard Everall, who keeps dining-rooms at Charles Street, Soho Square—on the 18th March the prisoner was living in my house—about 1 o'clock in the morning I was aroused by a disturbance in my room—I got up to get a light, but laid hold of a man, who pulled me up to the prisoner's bedroom, where he locked the door—I called "Police," and Mr. Blackman came and took him—my husband's watch was gone—it had a cap for it very like this cap (produced), which Mr. Blackman brought me from the street—the watch and chain were worth 30l.—the window of the prisoner's room was a little open, and the blind torn down.
WILLIAM BLACKMAN . I live within two doors of the prisoner—about 1 o'clock on 8th March I heard screaming in the prisoner's house—there is an empty house next to us—Mr. Everall let me in, and I found Mrs. Everall standing at a bedroom door at the top of the house—I said "Open the door, or I will kick it open"—the prisoner opened it—he was in his shirt—Mrs. Everall said that she had lost her watch—he declared that he had not got it—the window was open, and I said "This is where the watch has gone"—I waited till the crowd had gone, and then picked up this watch-cap, which she identified—the house is three stories high, and the prisoner's window looked on the street.
ARTHUR CAMPLIN (Policeman C 238). On 8th March, about 1 o'clock, I heard cries of "Police" in the prosecutor's house—I went there, and took the prisoner in custody—I made a search in the street, but there were a number of people there, and I could find nothing—after they had gone I made another search, and found these small pieces of glass, which look like pieces of a watch glass.
Prisoner's Defence. I was lodging in the house. I paid 2s. for a bed. I heard a row on the stairs, opened the door, and wanted to know what was the matter; she said that she was trying to get her husband to bed. When I went to bed an organ was playing outside, which was the reason I opened the window, and in opening it the string of the blind broke. She said "My husband has lost his watch." There was a tremendous row, and she ran up again and said that she was certain I was the man who stole the watch. I said "I have never been out of my room, and you are welcome to search it." The man is 81 years old, and she had to shove him up stairs. After I had been there some time, she came up and said that she could let my room for 10s. to a lady and gentleman if I would go. I refused, and then she came and said I had got the watch. The police concluded that I had thrown the watch out of my window because the window was up. The woman cannot swear that this is part of her husband's watch. She said that it was done in the dark, and there were other lodgers besides me. A man who pays 2s. for his room is entitled to put the window up if he likes.
GUILTY .—He was further charged with a previous conviction at this Court in 1865, when he was sentenced to seven years' penal servitude. To this he
PLEADED GUILTY.— Ten Years' Penal Servitude.
OLD COURT.—Wednesday, April 10th, 1872.
Before Mr. Baron Cleasby.
MESSRS. POLAND and F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOSEPH WEBBER . On 30th October, about 6 o'clock in the evening, I was driving a two-horse dray, with two wheels, over London Bridge, coming from the Borough—I was going about two miles an hour—I was sitting on the front plank of the dray, near the kerb—when I passed the crown of the bridge, looking towards King William Street, I saw a man and woman—I do not recognise the man—they were coming from the City towards me—I saw the man make a rush behind the woman with his arm up, likewise he gave her a shove that caused her to fall to the ground, and she came underneath the dray—he shoved her by the back of the neck; as she dropped her head I saw his hand on the back of her neck, one hand—I pulled my horses up and eased the dray, for the people to take her out—I backed my horses as quick as possible—when she fell she was out of my sight, I could not see where she was—it was gas-light, but it was dark—I was on the western part of the bridge, and they were coming on the same side—the dray did not pass over her, or any part of her, if it had it would have cut her in halves—the dray and the load I had got weighed about two tons—I heard her scream once; that was as they were taking her from the wheel, just as I pulled up—I did not see what became of her afterwards—a policeman came up and took my name and address, but I did not know what he said to me or what I said to him—this is the first time I have been examined.
Cross-examined. There was another man on the dray, Mackay—he was on the top of the dray—it was a fine night—I can't recollect whether it had been raining that day—I did not see whether the man fell on the pavement.
WILLIAM MACKAY . I live at 22, Scott Street, North Street, Whitechapel, and am a labourer in the employment of Messrs. Hoare & Co.—on Monday night, 30th October, between 5 and 6 o'clock, I was on the dray with Webber—I was sitting with my knees to the side, looking towards the City—I saw a woman and man coming along by the head of the first horse—I heard something, but what it was I could not hear, but when they came to the shaft I heard her call him a good-for-nothing blackguard, or a good-for-nothing vagabond—he put up his fist and said, "Go on with you," and he shoved her down—she went down the near side of the wheel, and he went down the off side—she fell between the kerb and the wheel, into the road, in front of the wheel, he fell on the pavement, not in the roadway—Webber pulled up at once, as fast as he could—I did not get off the dray—I could not get down either side—persons came up to assist, and I saw the woman taken into a recess of the bridge, I could not say who by—a policeman came up and told my mate to stop—I recognise the prisoner as the man who was with the woman.
Cross-examined. I was examined both before the Coroner and the Magistrate.
was walking in a hurry—he pushed the woman with his left hand against her right shoulder—she was nearest the kerb, and he was towards the inside part—she fell under the dray, he fell as well, on the pavement—the push was as if done by a gentleman in a hurry passing over the bridge.
Cross-examined. I was walking in the same direction—they were about a couple of yards ahead of me—the prisoner picked the woman up as soon as they got her from underneath the dray; he picked her up as soon as he recovered his legs—he took her into a recess on the bridge, and put her on a seat there—I can't recollect whether it had been raining that day, but the pavement was very slippery.
WILLIAM WACKER (City Policeman 720). On Monday night, 30th October, I was on duty on the Southwark side of London Bridge—I was fetched across towards the London side, and found a woman in a recess and the prisoner standing in front—as soon as I got up I heard the prisoner ask if he should take her to the hospital, and I put the same question—she said "No, let me be taken home, but I can't walk"—the prisoner asked me to get the name and address of the drayman—I was in uniform—I turned to do so, and Mr. Crouch said "There is no fault attached to the drayman, policeman"—I took the name and address of the drayman, and he was allowed to go shortly after—the dray was then stopping in front of the recess, and Webber was sitting on the side—I asked the prisoner if he saw anything of it, he said yes, he was walking alongside—I told him I should require his name and address, and he gave it me as Walter Pettingell, 10, Manor Road, Bermondsey—I also took Crouch's name and address—by this time a cab had driven up to the side and the woman had been placed in it—the prisoner asked me if I had got the particulars—I said "Yes, are you going with her"—he said "Yes, it is my wife"—he got into the cab, and she was then driven to the hospital.
Cross-examined. I found the address given by the prisoner to be nearly correct—the mother's house is 10, Loder Terrace, Manor Road—I did not think it necessary to go to the hospital, there was no blame attached to anybody at the time—I was standing there about a minute and a half before the woman was put into the cab, I had to take the addresses of three different persons—I was close to the woman all the time, she could hear what passed—I asked her if I should take her to the hospital—the prisoner's trial was first called on here in January—this is the third time I have attended—on each occasion an application was made by the prosecution to postpone the trial for the presence of Webber.
FRANK SEXTUS TUCK . On 30th October, I was house-surgeon at Guy's hospital—I attended to the deceased after she was brought there—I saw a wound on the inner side of the left knee, about four inches long, it was on the inner side of the knee-joint; the joint was not opened in any way; there was bruising on the back of the same leg, and on the back of the lower part of the thigh—I attended upon her until the morning of 1st November, when my successor, Mr. Jones, took her case up—I was afterwards present at the post-mortem examination, simply as a spectator—she died on 3rd January—there waft nothing in the condition of the organs to account for death.
THOMAS JONES . I live at 33, Doddington Grove, Kennington—on 1st November, I was house-surgeon at Guy's Hospital—on that day I took charge of the patient, Ann Pettingell, and continued to attend her until 1st January—on 11th November she was in a very precarious state indeed,
there was extensive suppuration all up the left leg and thigh, and the continually rejected her food—she was in very great pain, and could not rest at all at night—she was in a very weak condition—she said "I know that I am going to die, and I wish to make a statement against my husband"—in consequence of that I wrote to the Mansion House, and about an hour afterwards Mr. Gore came—I then thought that she was going to die—I accompanied Mr. Gore up to the ward and left him there with her—he came about 11 o'clock; I don't know exactly when he left—I saw her again icon after 12 o'clock—she was then in about the same state—I saw her later in the day, she had then rallied a little; for about a fortnight afterwards she improved a little; afterwards, from the extensive suppuration, the drain on the system was so great that she became worse; that was during December—I continued to attend her until 1st January, when Mr. Dixon relieved me—she died on 3rd January.
THOMAS HOLMES GORE . I am assistant clerk to the Lord Mayor—on 11th November, in consequence of a message received at the Mansion House, I went to Guy's Hospital about 10.30, and saw the deceased there in No. 19, Dorcas Ward—Mr. Jones accompanied me to her bedside, and left me with her—she appeared to be in a sinking state—on my return to the Mansion House I made a memorandum, which I can refer to, of the conversation I had with her—I can state what took place without referring to the memorandum—I told her that I came from the Mansion House—that I was the assistant-clerk to the Lord Mayor—I asked her name, and laid "I understand you wish to make a statement"—I then asked if she was married or single, at the same time writing down her answers, her husband's address, and so on—the was in a very weak state indeed, and it was with difficulty that I could hear all she said—she spoke clearly, but in a very low voice—I said to her "I cannot take this on oath, but do you think that you are not likely to recover?"—she said "No, I never shall; they tell me I had better have had my leg broken"—I said "I will take your statement in writing; I cannot administer an oath, but have you the fear of God before your eyes, and will you state it as if you were sworn?"—she said "I will say he did it if they were my last words." (MR. POLAND proposed to have the statement read.
MR. WILLIAMS objected, first because it was not taken in the presence of the prisoner, and secondly because of the lapse of time between the taking of the statement and the death of the deceased (See "Rex v. Gay, "7 Carrington & Payne, p. 230, and "Reg. v. Spilsbury," p. 187).
MR. POLAND did not offer it as a deposition, where of course, the presence of the prisoner would be necessary, but at a dying declaration.
MR. BARON CLEASSY : "It appears to me that the evidence does not go far enough to make the declaration admissible; it does not sufficiently appear that at the moment when it was taken, although the knew that the was going to die, that the was in the expectation of immediate or imminent death; and only under such circumstances is such a declaration admissible."
HENRY EDWARD DIXON . I took up the deceased's case at the hospital from Mr. Jones on the 1st January—I attended her up to the 3rd, when she died—she died from the exhausting influences of the suppuration arising from the wound.
WILLIAM RAMSAY . I live at 14, Park Terrace, Manor Road, Bermondsey—I am a brother of the deceased—she was married to the prisoner about the year 1861—they were not living together in October last, they had been living apart for some time—on 30th October my mother was living at
10, Loder Terrace, Manor Road, Bermondsey—I had seen my sister about a week before that—she was living in Church Row or Passage, Horselydown—on the evening of 30th October, about 8 o'clock, I saw the prisoner in Manor Road, standing against the railings nearly opposite my house—he had sent over to my house to know if my mother was there—I went up to him, and said "What, Jem Pettingell?"—he said "Yes"—I said "You are a pretty villain," or "fellow"—he turned round, and said "Ah! it is never too late to mend; it is a long lane that has no turning"—this so nettled me, knowing it to be nothing but hypocrisy, that I up with my fist and made a blow at him; it did not strike him, he got out of the way, and ran a few yards—I said "Come back and speak to me"—he said "No, I will not speak to you, I will see your mother"—he then went right away, and I saw no more of him—at that time he had a great quantity of beard—I can't say whether he had a moustache—I went to my mother's house about 11.15 that night, and there saw a parcel; it contained my sister's boots, a pair of stockings with a patch of blood over the left knee, and very muddy and wet, as if they had been partially washed; there was also a purse, a duplicate, a thimble, a reel of cotton, and several little things—at that time I did not know what had happened to my sister—on the following evening I heard that she was in the hospital—I went to see her on the Sunday—she was in the Dorcas Ward—after the prisoner was arrested I received some letters from my mother, which I handed to the officer.
EMILY NICHOLLS . I am the wife of James Nicholls, of Great Grimsby, Lincolnshire—I have known the prisoner since May, 1871, by the name of James Pettingell—he called on me on that occasion with Ellen Garnett, my husband's aunt—she was living at Cleathorpes, about two miles from us—she said the prisoner was her husband—they were living as man and wife—on Tuesday, 31st October, I was at her house—the prisoner came there about 9 o'clock that evening—he then had his beard and moustache shaved off—I had seen him about three weeks before, he then had a beard and moustache—Mrs. Garnett and my husband were also present on the 31st—we sat down to supper—Mrs. Garnett asked the prisoner what he had done with her, meaning his wife—he said, "I have left her all right for two or three months"—she said "You have murdered her"—he said "No, I have not; I have left her in Guy's Hospital; she will not trouble me again just yet"—he then said how he had done it; that he had first taken Mrs. Garnett to the Cleathorpes station; that he then went back to his house at Cleathorpes, and found his wife there writing a letter; that he asked her to go to London; she refused; that he then went out to get a chopper to split her head open, but he thought he would not do it then; that he got her out to fetch some beer for dinner, and while she was gone he made a key to the door to lock her out; that he then took her to Grimsby, and from Grimsby to Hull; that he wanted her to go to London by the steamboat, but she was afraid he would put her overboard, and she would not go; that she got away from him, he found he had lost her, and he told a policeman that she had robbed him and got away, close to New Holland; that he then got across the Humber after her soon after 3 o'clock; that he ran about the station, and could not find her, and he jumped into a London train without a ticket; that when the train had got about 100 yards from the station he saw her on the road close by the railway, and he jumped from the train; that he then went back to the station with his wife, and first gave a wrong address to the station-master; that he said "You are detaining the train, you had
better give a right address," and he then gave his right address; that he then took his wife on the road to Brigg, and stayed there all night with her; then he said "When I reached London, in going down Oxford Street, I was determined to get rid of her, and gave her a severe push against an omnibus, but it did not go over her;" that, going over London Bridge, he saw a great many persons about, and he saw a good chance; that he gave her a severe push, and she reeled underneath a brewer's dray, and he fell also, to make people believe it was an accident, but he took good care to fall the right way; that he then lifted her up on to a seat, got a cab, and took her to Guy's Hospital; that when she came to in the hospital she told the nurse that James had done it, and the nurse said "Hush, hush;" that he took her boots and stockings to her mother's, but her mother was not at home; that he saw her brother, who made a strike at him, and he ran away; that he went into a barber's shop to get his moustache and whiskers shaved off, as he was afraid they would be after him—he said that he ran three miles, and he telegraphed to Mrs. Garnett, at Cleathorpes, to meet him, and that he had got rid of her—I left Cleathorpes a little after 10 o'clock in the morning—the prisoner got up before daylight, and went away between 4 and 5 o'clock—he went to our house at Grimsby, and stopped there for a week in the name of James Smith—when he left he said he was going to Sheffield—I did not believe that, and made a communication to the dock-master—I afterwards read an account of the inquest in the paper, and in consequence of that I went to the police-station, and gave information on Saturday the 13th—I know the prisoner's handwriting—I have seen him write—I believe this letter, signed "E. J. Smith" to be his writing.
Cross-examined. I did not know that Mrs. Garnett was not his wife—I thought she was his wife until this occurred, up to the time I read the death in the paper—it was on 31st October that the conversation took place—Mrs. Garnett had previously been over on Sunday, and told us that a woman had been there who said that Pettingell was her husband; that was the first time I knew it—I understood on 31st October, that he was referring to his wife, but I did not know that it was true that he really had a wife till I saw the inquest in the paper—I can't tell you where Mrs. Garnett is; she is somewhere about here, not far off—the prisoner lived at our house for a week all but a day, after he had made this statement; I and my husband were at Cleathorpes, and he was at our house; I was at Cleathorpes, and my husband slept there at night, I went over in the day to help to get things ready for my husband; my husband was only there at meal times—no one was present at the conversation on the 31st but Mrs. Garnett, the Prisoner, me and my husband—I believe I produced this letter at the Mansion House—I have not got the envelope—I believe I stated before the Magistrate that the prisoner used the words—"I saw there was a good chance"—my deposition was read over to me—I did not notice that those words were omitted—this conversation took place as we were sitting at supper—when Mrs. Garnett asked him where she was, he may have said "It is all right; she is in Guy's Hospital;" I only speak from memory—I have not seen any written statement of mine before coming here to-day; I saw a paper yesterday at Mr. Kirby's office—I did not read it all, only one or two lines, they had put a wrong date—I don't know what the paper was; I daresay it was a copy of my evidence—I saw it lying there—I did not take it up; I took it up afterwards and laid it down again, my husband was there; we merely went there to let Mr. Kirby know that we had come up—I don't know whether my husband saw the paper or not.
Re-examined. I did not give information to the police until 13th January, because we thought we would wait to see if it was correct what Pettingell had said—I communicated with the police the next morning as I heard of the inquest in the evening—I was not examined before the Coroner, only at the Mansion House—my husband has not been examined at all—I never saw the prisoner's wife.
COURT. Q. At the time the prisoner stated all this, did you feel uncertain whether he was telling you the truth or not? A. I did not think he was—he seemed to be speaking in earnest.
JAMES NICHOLLS . I live at 60, Church Street, Great Grimsby, and am a journeyman tailor—I first saw the prisoner in May, 1871, at my house, he came with my aunt Mrs. Garnett, who introduced him as her husband—they were living at Cleathorpes, about two miles from Grimsby, as man and wife, in the name of Pettingell—on Sunday night 29th October, Mrs. Garnett came to my house and made a statement to me, and on Sunday evening I went over to Cleathorpes and found the house all locked up; I was not able to get in—the prisoner was there—I returned to Grimsby, and the following evening between 7 and 8 o'clock I went to the house again, and found my wife and Mrs. Garnett there—they had gone over in the morning—I believe the prisoner did nothing while he was living with Mrs. Garnett, she had a private income at that time I believe—on the Tuesday evening from 9 o'clock to 9.30 the prisoner came there—my wife and Mrs. Garnett were there; he said he had come from London—I noticed that his moustache and whiskers were shaved off—Mrs. Garnett asked him what he had done with her, meaning his wife—he said he had left her in London at Guy's Hospital; she would not trouble him for two or three months—(The witness detailed in substance the evidence given by his wife)—The prisoner also said in the course of the conversation that he took good care she should never come back again—next day I asked him if he had done this for the purpose—at first he said "No," afterwards he said "Yes"—he left Cleathorpes on Wednesday evening, and came over to my house at Grimsby—he remained there till Monday, in the name of James Smith—he then went to Manchester—he said he would write—on 1st December, I received this letter from him enclosing this card:—"Mr. Griffin, at Mr. Braggs, Summerfield Cottage, Cheetwood Strangeways, Manchester"—I wrote to him at that address, and afterwards received this letter of 13th December—the envelope has been destroyed—it is in the prisoner's writing—we did not give any information to the police until we heard of the inquest, that was on the 12th, and on the 13th my wife communicated with the police—I was too ill to do so.
Cross-examined. He remained with me at my house for five days after he had made this statement, and after that he was in correspondence with us—I wrote to him as Griffin, and he wrote to me as Smith.
WILLIAM JACKSON . I am station-master at the New Holland Station, on the Manchester and Lincolnshire Railway—on Saturday, 28th October, I saw the prisoner there on the platform—the 4.15 train was detained two or three minutes while he was searching the station, and he then went in the train just as it was moving away—about a quarter of an hour afterwards I received a telegram from the next station, and soon after I saw the prisoner back again at my station with a woman—I told him he had, by jumping out of a train in motion, rendered himself liable to punishment, and asked him for his ticket—he said he had not got one—I said
that was a second offence, and I told him that, from information given to me, he would be in worse trouble through representing himself as a detective officer—after some time he gave me his name and address, but from his manner in giving it I said I did not believe him—I wrote it down—it was "George Pettington; 174, Albion Street, Grimsby"—after some time he gave me his address as "4, Albion Cottages, Cleathorpes," but still as George Pettington—he remained at the station till half-past seven, or nearly eight o'clock, walking about with the same woman—I spoke to him frequently, and about half-past seven I said to him, "This is the last train to Grimsby or Cleathorpes; if you are going home it is your last chance to-night"—he replied that they were not going to Grimsby or Cleathorpes that night—he repeatedly begged me not to take proceedings against him—a few days after I received this letter from him. (JAMES NICHOLLS having proved the letter to be in the prisoner's writing, it was read; it was without date, and signed "George Pettington, from 4, Albion Cottages, Cleathorpes," and contained an apology for his conduct in jumping from the train.)
ENOCH EMERY (City Policeman). On 13th November I received a warrant from the Mansion House, signed by the Lord Mayor, and endeavoured to find the prisoner—I was not able, to do so—on 13th January I was present at the inquest upon his wife, and on the 15th, in consequence of information, I was at the King's Cross station of the Great Northern Railway, and saw the prisoner there with Mrs. Garnett—I read the warrant to the prisoner—he said "I never was more surprised; I have a paper in my pocket with an account pf the inquest, and I was going to consult a solicitor about it"—I said "Since the occurrence, your wife having died, the charge against you will be manslaughter"—he made no remark—I found on him a copy of the Police News of 13th January, containing an account of the adjourned inquest—I produce some letters which I got from the deceased's brother, dated August, 1867, 27th March, 1870, 21st August, 1870, 25th August, 1870, and 19th April, 1871.
MARY ANN RAMSAY . The deceased was my daughter—I know the prisoner as her husband—I know his handwriting—I believe this letter of 19th August, 1871, to be his writing; also the 2nd of September, 1870—I was not at home on the night of 30th October—when I came home I found a parcel there—I opened it—it contained my daughter's things—I have them here—I did not know until the following day what had become of her.
F. S. TUCK (re-examined). I saw the deceased when she came into the hospital—the wound I saw might have been caused by her leg coming in contact with the wheel of a dray, or by being jammed between the wheel and the kerb, not by striking the kerb or falling on a stone—there would be a considerable difference between striking the wheel and striking a stone—the wheel would be in motion, the stone would not—the wheel may have jammed the limb between itself and the edge of the kerb, or the edge or tire of the wheel may itself have caused the wound—the mere weight of the woman falling and striking her leg against the pavement would not have caused the wound—if I had had no history of the case I should not have attempted to give my opinion of the way in which it was caused—it might have been caused in many ways—it was consistent with the ways I have described, and not consistent with others—it was four inches long on the
inner side of the left knee-joint—it was not regular at the edges—they were somewhat jagged—it went down to the bone, but did not open the kneejoint—I should call it a lacerated wound, rather crescentic in form—I did not see much blood come from it. (Five letters from the prisoner were put in and read:—"August, 1867.—Ann, I have seen an answer in the London Header Journal that a divorce can be obtained on a charge of cruelty and adultery for 5l. by pleading pauperism, and if you think proper to make that charge against me you can do so, and I will pay for the same, and will give you a few pounds afterwards to set you up in a small business. I suppose you could not live with me after living in adultery with other women; therefore you can do so, as you have plenty of proof of cruelty; as to adultery, I will not deny. I believe I have the money, and will willingly pay it to set you free.") Each of the four other letters purported to enclose stamps amounting to 8s., and refused to supply more, complaining of her insolent letters and vile tongue. Two other letters of 1st and 13th December were addressed to the witness Nichols as "Dear James" one of which stated: "Your aunt is not at all well. The letter this morning did not contain any good news, which, of course, makes her very low-spirited. If you only knew her state of mind, you would kick that d—d b—of a woman to pieces. It makes my heart bleed to see her fret, poor dear creature." The latter portion of one of these letters was evidently written by Mrs. Garnett, and signed "E. G."
GUILTY of manslaughter. — Three Months' Imprisonment.
NEW COURT.—Wednesday, April 10th, 1872.
Before. Mr. Justice Quain.
MR. RIBTON conducted the Prosecution.
FRANCES KING . I live at the White Swan, Keat Court, with my daughter—I do not keep the house—on 19th March the deceased Ann Cooney was in one compartment; while she was there the prisoner came in and ordered a pint of half-and-half—I did not hear her say anything to him—she left the compartment she was in and went into the compartment where the prisoner was drinking, and they went out of the house, but I did not see them go—she was alone—I afterwards heard a scrimmage outside on the step, and saw the prisoner push the deceased down—she fell on her back—he did not strike her—she got up directly, and he pushed her down again, she fell on her back—I did not see whether her head struck—she came into the house half an hour afterwards, and I persuaded her to go home—she had been drinking—I saw nothing wrong with her—she came in again about 11 o'clock, with four more females, and had a share of a half-pint of rum, and sat down on a form—she then laid down on the floor, and I did not know she was there till a female came and drew my attention to her, and I went to her and told her to get up—she answered me very crossly—two females took her outside and sat her on the step of the door, and I heard no more till a female came and asked me for some water, as she had fainted away, and in about half an hour they came and told me she was dead.
—I saw the prisoner pass—he was quite drunk—I saw him push the deceased down three times—she got up each time, and the last time she ran to the corner of George Street, and hit him on the side of the face, pushed him down, and told him she meant to pay him for what he had done to her—that was a quarter of an hour afterwards—she was not too drunk—I afterwards saw her dead in Keat Court.
SARAH STURR . I live in Keat Court, Spitalfields—I saw the prisoner shove the deceased down twice, she fell backwards—her head did not strike the ground; yes, it struck it, but she made no complaint—I did not see her after that—I went away—the White Swan is in the Court.
SEPTIMUS SWYERS . I am a physician, of 32, Brick Lane—I was called to the deceased about 12 o'clock at night—I found her lying on her back outside the White Swan, quite dead—I made a post-mortem examination—there were no external marks of injury on the head, but on removing the scalp there were two slight bruises under the surface, and corresponding marks of extravasated blood on the skull—I have heard the evidence—I believe death to have been caused by concussion of the brain from the fall—I found no sign of any other disease.
COURT. We hear that she was pushed down backwards three times, and afterwards went in and had some rum, how long would it take to produce death? A. There might be a temporary rally, and she would afterwards sink from the cessation of the heart's action, that is so sometimes from concussion—the symptoms usually follow very rapidly—I am unable to account for death in any other way, there was no fracture of the skull—drink would hasten the effect.
JOHN GRANT (Policeman H R 27). On 20th March I saw the prisoner in a doorway near the White Swan—the deceased's sister came up and said "That is the man that killed my sister"—I took him to the station at 1.30 a.m.—I told him the charge, he said "Me kill a woman! I never killed a woman in my life"—he was quite drunk.
BRIDGET CROWLEY . The deceased Ann Cooney was my sister—her age was 32—I never knew the prisoner till this night, and I don't think my sister ever saw him before—she was the mother of six children—she had no husband—she was unfortunate, and had been living with a man, but she had not been living with anybody before her death—I saw her at 4 o'clock that afternoon, and she was in as good health as I am now—she was a strong, hearty woman—I pointed the prisoner out to the policeman because a young man said to me, "That is the man who knocked your sister about"—I thought it was my place to give him in charge after having my sister in the dead house.
Prisoner's Defence. I know nothing at all about it. I was very drunk. I know nothing about the woman.
GUILTY .— Six Months' Imprisonment.
MR. PLATT conducted the Prosecution.
ELISHA TOMLIN (Policeman N). On 18th March, about 1 o'clock a.m., I was on duty at Colney Hatch—I saw a fire in an unfinished building belonging to Mr. Hingston, in Brett's Stile Lane, Edmonton—the joists and the boards and flooring were on fire—I saw the prisoner standing against a carpenter's bench close to the fire, right in the centre of the room, looking
on—he caught sight of me, and made a dart to the left, across a field—I ran after him, and fell into a gravel hole—I called "Police!" and Childs came to my assistance—we both returned to the building, and put out the fire—on Tuesday, 19th, I received information of where the prisoner was, and on the 20th I took him in custody at his home at Springfield Park, Wood Green—I told him the charge—he said "I knew it was you, and I know very well it was me, and it is no good for me to deny it; it was through drink that I did it"—there had been shavings in some part of the house.
COURT. Had you known the prisoner before? A. No—I did not know him when I saw him looking at the fire, but I identified him afterwards—I was five or six yards off when he made the dart—I recognise him by his features—the place was all illuminated—the shavings and pieces of wood caused the fire to flare up to a great height—I did not know his name—I pursued him as soon as he made the dart—the information came to the prosecutor that he had been boasting to his fellow-workmen how he had escaped from me—except for that I did not know who he was, or where to find him—I got his address—he lives about three-quarters of a mile off—he only appeared to lodge there—he drives a horse and cart at the Alexandra Park Exhibition, and works there, carting things backwards and forwards.
JURY. Q. Are you prepared to swear that this is the man you saw in the building? A. Yes, I know his features again.
JOHN ALDREY HINGSTON . I am a builder, of Brett's Stile Lane, Colney Hatch—on 18th March, Child called me to the fire at a few minutes to 1 o'clock—I assisted in putting the fire out; but did not see the prisoner—the boards were very much soaked by the weather, which enabled it to be put out sooner, as the fire did not get a hold.
Prisoner. Mr. Hingston, I have been locked up three weeks, and I hope you will forgive me; a little tobacco fell from my pipe.
COURT. Q. Was there any collection of shavings? A. No, they are cleared out on Saturday night, but we do not sweep them out—this was Sunday night—I do not know the prisoner—the whole of the shavings were burnt to a cinder, but the scaffold boards would not burn, as they were sodden with water—after we had put the fire out, I said to the prisoner "I should not think anybody has done this purposely, I should suppose somebody had come in and laid down, because I do not know that I have an enemy."
The Prisoner's statement before the Magistrate:—"I went to go to Whetstone for a clean shirt on Sunday. I went into a public-house at Colney Hatch, and had some drink instead of going home. I went into the building, laid down and went to sleep. I do not know how the fire came; whether it came out of my pipe or not; it was on fire when I woke up."
Prisoner's Defence. I had no motive, and I hope you will forgive me; it was an accident.
NOT GUILTY .
MR. HUMPHREYS conducted the Prosecution; and MR. STRAIGHT the Defence.
THOMAS SCOTCHER . I am a costermonger, of 2, Pool's Place—on Saturday evening, 6th January, about 6.45, I was in Wheeler Street, Spitalfields, and heard a baby cry in an urinal—I went in and picked it up, its clothes were wet—I took it outside, and sent for a policeman—I carried
the child to the station, and got there at 7 o'clock, and then to the work-house, where we arrived at from 7.30 to 8 o'clock—the time was taken up by looking to see whether it was a boy or a girl—the policeman and I did that—it was a very windy and cold night—the urinal was in rather a secluded part.
Cross-examined. There is a gas lamp outside the urinal in the road—there is no lamp in the urinal—I went in for my own purposes, and heard the child cry—I saw no woman—it was not a wet night, but it Was cold—I found the child about 6.30, and delivered it to the porter at the workhouse from 7.30 to 8, having taken it to the station in the meantime—I held it all the time—it was 7 o'clock when I came out of the station—the child's clothes were wet, and I did not have them taken off at the station.
HENRY MARSHALL (Policeman H 21). On Saturday evening, 6th January, about 6.45 I saw Scotcher with a child in his arms, in Wheeler Street—I took it to the police-station, and gave a description of the clothing, because we could not see in the streets—we then took it to Whitechapel Workhouse—there was a light about six yards from the urinal attached to the wall.
Cross-examined. I did not see the prisoner at all.
COURT. Q. Was the baby alive? A. Yes. A woman at the station said that only the outside clothes were wet, not the under-clothing; she did not get any food for it at the station; it was taken direct to the work-house—we arrived there at 7.30—water was running in the urinal.
SUSAN JENKINS . I am a nurse at the City of London Union, Bow Road—the prisoner was an inmate there for six Weeks—her baby was four days old when she came in—it was a boy—on Saturday, 6th January, the doctor discharged her from the lying-in ward into the nursery—she did not like to go there, and wished to discharge herself—she left at a little after 5 o'clock of her own accord—I dressed her baby—I did not notice the marks on its clothes.
Cross-examined. She is a German—she cannot talk very plain—she talked very little English—it was a healthy child, but not strong.
COURT. Q. Did she bring her linen with her? A. Yes, she had a little old suit—that was not the same which she took, away—she had some from the matron—she named her baby, and seemed fond of it; but she did not seem to understand it.
JAMES ILOTT . I am resident surgeon at the Whitechapel Work-house—on the evening of the 6th January a child was brought in—it is marked in the workhouse books as at 7 o'clock—it was between 7 and 8 o'clock—it was very cold, as if it had been exposed to the weather, and was suffering from the effects of exposure—its hands and feet were cold, and it seemed exhausted—its pulse was feeble—it lived thirteen days, and died on the 19th—during the whole of that time it got gradually weaker—there was an inquest and a post-mortem—the cause of death was exposure—from the time the child came into the workhouse it never recovered from the effects of what I call exposure; it wasted—it took the breast for two days, and then it was too weak.
Cross-examined. We had a wet nurse for it as soon as it came—its clothes getting wet and its being carried through the cold wind did not do it any good—it died from wasting very rapidly—two months is a critical age—I think it was exposed a sufficient time to have great effect on its vital powers—waiting would be accelerated by exposure.
COURT. Q. I suppose the moment it was found, the best thing would have been to put it in a warm bath or hot water, and produce a reaction; that would be the proper treatment? A. Yes; I should have handed it over to some woman who would do that—I think it was very unfortunate for a policeman and a costermonger to carry it about for two hours, and not apply any heat to its feet.
NAOMI KELLY . I am a nurse at Whitechapel Union—on 6th January, between 7 and 8 o'clock that evening, Scotcher brought a child there, wrapped up in the large brown shawl in which it was left, and which was very wet—I took it from him—its under-clothing was not wet, but its outer clothing was—it was very cold indeed—it took the breast after it got a little warmth by the fire—everything that could he was done for it, but it died on the 19th—it took the breast well for the first two days, and then it seemed to waste.
Cross-examined. It was brought in on a very windy and wet night—the shawl was soaking wet, and there was mud on it, as if it had lain in the mud—I do not know the precise time it was brought, but I know I got it warm and comfortable before the 8 o'clock bell rang.
GEORGE PITMAN (Policeman H R 17). I saw the prisoner on 8th January in Wentworth Street, Spitalfields, about three-quarters of a mile from this place—I told her the charge, but could not understand her—I took her to the station, and an interpreter was sent for.
LEOPOLD WILLIAM CARAMELLI . I was called, and interpreted the charge to the prisoner—she speaks a dialect partly Polish and partly Hebrew—she comes from Prussian Poland, and I believe she is a Jewess—she said that she merely went there to rest, and put the child there, and went away for a short time, and when she came back it was gone.
Cross-examined. It is a patois with which I am well acquainted.
NOT GUILTY .
THIRD COURT.—Wednesday, April 10th, 1872.
Before Mr. Deputy-Recorder.
MR. WILLOUGHBY conducted the Prosecution; and MR. COLLINS the Defence.
NOT GUILTY .
346. GEORGE MASON (41) , Unlawfully obtaining, by false pretences, from James Porter 3l., and 3l. 7s., and certain goods from Henry Cridland, with intent to defraud. Second Count—Conspiracy to defraud.
MR. BESLEY conducted the Prosecution; and MR. WHITELEY the Defence.
WILLIAM JONES . I am Managing Director of the City and County Bank Department of the City and County Investment Company, Limited—the prisoner came there on 14th February—I had then only been in the management about two days—he said he had had an introduction to the late manager—he told me he had been disposing of a public-house, and in part payment he had received a cheque and three bills, and that he had seen the manager before; and he asked me if I would discount those bills and place them to his credit, which I declined—I then questioned him with regard to the cheque—he stated that he had in his possession a cheque for
about 70l., which he could not give me then, as he had to pay a deposit for another public-house which he was going to buy—he left, and afterwards returned the same day with a cheque for 25l. 10s.
HENRY WILLIAM LINDHURST . I am the solicitor for the prosecution—I produce a copy notice, the original of which I served on the prisoner on Saturday, 6th April (This was a notice to produce a cheque for 25l., drawn by Joseph Ord. It was not produced.)
WILLIAM JONES (continued). The cheque was drawn by Joseph Ord on the Central Bank, Bermondsey Branch—he opened his account with that cheque—I told him that of course I must see that the cheque was duly honoured before he could draw any cash against it, and I also declined to have his account until I had investigated the bond fides of the three bills he had left with me—I never assented to his drawing against the bills—he proposed that, if I approved of the bills, would I advance him 50l. to the credit of his account on the security of the bills—as he was leaving, he said, "I suppose you will allow me to have a cheque-book"—I said "Yes," but he was to understand that he was not to draw until he heard from me whether the 50l. was placed to his credit on the bills—I believed the cheque was good, and I allowed him to open an account and have the cheque-book, believing the statements he made to me about his introduction to our late managing director—I sent a messenger on to the Central Bank, not to wait for its going through the Clearing House, in order to anticipate him if I could—the messenger brought back the cheque, marked "Effects not cleared"—we presented the cheque again next day, and it was returned again unpaid—I then desired a clerk to write to the prisoner on the 15th, returning the cheque and stating that it had been dishonoured—this is the letter—this cheque for 35l. was presented the next morning—I don't recollect whether it was before or after the letter was sent—the cheque was brought in to me to know if it was to be honoured, and I said "Certainly not"—I was surprised at its being presented, and returned it to the person who presented it—I don't know who the person was—I understood afterwards that other cheques came in, but of course they were not paid—I then wrote a letter myself to the prisoner, of which this is a copy. (This was dated 24th February, and expressed surprise at the cheques having been presented, as the prisoner had been informed that the cheque paid in had been dishonoured, and dated that the bank declined any business with him.) The prisoner never had a penny to his credit at the bank—these are the three bills—we have had possession of them—the drawer of one of them is Joseph Ord, and another is drawn by Patten—we have had sundry notices not to part with the bills—we have not discounted them; I would not have the man's account at any price—I can't say much about this cheque for 3l., dated 19th February, because I only saw the first one, which was brought into my room—the prisoner had not 3l. at the bank at that time—this cheque for 6l. I believe was one of those presented, but there was nothing to meet it—when the 25l. cheque was dishonoured I had nothing more to do with the man—this cheque for 15l. 10s., of 20th February, drawn in favour of Ord, is out of the same book.
Cross-examined. I think the prisoner came to me about the middle of the day—I don't know what day of the week it was—I know it was the 14th February, by reference to the office books—I will swear it was not the 12th—I only go to the office for a few hours every day—we should enter the cheque immediately it was brought in, and that was on the 14th—I don't
think there could be any mistake about it—the cheque was sent with the letter saying that it was dishonoured—he left the cheque and three bills on the first day I saw him—it was understood that if I approved of the bills after three or four days, I was to credit him with 50l.—we always take three days to make inquiries—we did make inquiries—he was not to draw at all until we communicated the fact to him that I could place 50l. to his credit—I did not write till the 24th February, because he presented the 35l. cheque the next day—he was not to draw anything until he had authority—I believe the cheque was sent back on 15th February—there were cheques presented dated previous to the 24th February—I don't know whether there were any dated after—I am not able to say—I don't remember receiving a letter from the prisoner dated 15th February, or the 17th—I don't know whether there was a letter or not—if it did come, it was to the effect that he would call on a certain day—our letter of the 24th was certainly not written in answer to a letter from the prisoner—when the clerk came and said "There is another cheque from Mason, sir; what shall we do?" I said "I must stop this," and I wrote—I don't recollect any correspondence from the prisoner—if we did receive a letter from him, we produce it—letters are opened before I arrive at the office in the morning—as far as I know, that is the only letter that I saw of the prisoner's—he never called after I wrote to him on the 24th—I wish he had.
WILLIAM FULLER . I am clerk to the City and County Investment Company, Limited—this is my book—it is kept by me and is in my handwriting—the cheque for 25l. 10s. was left at the bank on 14th February—I wrote this entry on that day—fifteen or sixteen cheques passed through my hands and were dishonoured—I only remember one letter coming from the prisoner.
Cross-examined. I only saw the prisoner and spoke to him on the day that he opened the account on the 14th February—I know that, because I witnessed his signature in the signature book—I have that book here—he signed that on the day he opened the account—I am positive it was on the 14th—this is the letter I wrote on the 15th—I don't think I got any answer—I never had any letter from the prisoner except that one—cheques were presented after the 24th February—I can't say whether they were dated later than the 24th.
Re-examined. This is the signature book—these are four of the cheques that came in—other cheques came in after the 24th February—they are all signed by the same man—I could not prevent the prisoner from dating them back—the cheques were chiefly for small amounts under 5l. or 10l.—the fifteen or sixteen would average 5l. a cheque.
JAMES PORTER . I keep the George Tavern in Old Bailey—the prisoner came there on 19th February and gave me this cheque for 3l.—I gave him 3l. for it—I believed it to be a good cheque—if I had known it was not, I should not have parted with my money.
HENRY CRIDLAND . On 20th February I was managing Messrs. Hudson's business on Ludgate Hill—the prisoner came in on that day and made a selection of goods, cheeses and hams, to the value of 3l. 7s.—he gave me this cheque—I said "Is this your cheque?" and he said "Yes, it is"—I gave him cash for the cheque—the goods were sent the next day—I deducted from the cheque the value of the goods—I should not have parted with the goods or money if I had known there was no money to meet the cheque.
branch—two years ago, Joseph Ord had an account at that bank—he had a balance of a few shillings in February last, which had been standing since last July—I recollect a cheque for 25l. 10s. coming in—we did not pay it, and he also endeavoured to get us to take this cheque for 35l. 10s.—Ord paid that in to his account on the 14th February—this is another cheque of Mason's in favour of Ord—this is signed "Joseph Ord" at the back, and is in Ord's hand-writing.
ANDREW FLEW . I am cashier to Thomas Shepherd and Co., provision merchants in the Borough—on 21st February, a person named Ord came to my shop and selected goods to the amount of 7l. 15s.—he tendered this cheque for 15l. 10s.—the goods were cheeses, bacons, and hams, and so on—I gave him the change in cash, and the goods were delivered—I asked him whether he knew the drawer of the cheque, Mr. Mason—he said "Yes," he knew him perfectly well; he was a retired publican, and he knew the cheque was all right; he would answer for it himself—I gave the money for the cheque and parted with the goods as well.
PLEADED GUILTY to having been before convicted, of conspiracy, in March, 1869.— Five Years' Penal Servitude.
MR. MILLWARD conducted the Prosecution; and MR. HORACE BROWN the Defence.
WILLIAM WINES (City Detective). About 4 o'clock, on the afternoon of the 29th February, I was on Ludgate Hill with Underwood, another officer—I saw the prisoners there together—I saw the female prisoner passing backwards and forwards in the crowd, and placing herself on the right hand side of ladies—the male prisoner placed himself either in front of different ladies in the crowd, and sometimes on the left hand side to obstruct their passage—they worked about in the crowd in that way for a quarter of an hour or twenty minutes, and then spoke together—they came outside the crowd, and had a conversation for about a minute—they then crossed over to the north side of St. Paul's Churchyard, where there was also a great crowd—the female went into the crowd just on the left hand side of a lady—I took her into custody—she had this knife open in her right hand, and this purse in her left, containing 1s. 11d.—Underwood took the male prisoner into custody—I told the woman she would be charged with picking a lady's pocket in company with the man—she said "I don't know anything about the man, I never saw him before in my life"—I took them to the station, and they were charged with picking a lady's pocket, then unknown, of a purse containing 1s. 11d.—when at the station, the female had this bag under her dress, and a hole in her dress, so that she could have easy access to it—I said "What have you here?"—she said "Six or seven shillings—I said "Is that all you have?"—she said "Yes"—I took it from her and found it contained 1l. 7s. 10d. in silver, and 10 1/2 d. in copper—the male prisoner pulled off two of his coats—he handed me one coat, from which I took this empty purse out of his pockets and this small memorandum book of some deaths—I said "Can you tell me anything that is in this book?"—he said "No"—I said "The entries are of great importance, you should know what is in it"—he said "I don't know anything of it; it is a book my little sister gave me"—the prisoners said they had never seen
anything of each other before—the female said she only came to London that day, and the male prisoner said he only came to London the day previously.
Cross-examined. I found a seal-skin purse and a small memorandum-book on the man.
CHARLES UNDERWOOD (City Detective). I was on Ludgate Hill with Wines on 29th February, and saw the two prisoners against several ladies—what Wines has stated is correct—I took Heary into custody, and told him he would be charged with the female prisoner with picking pockets—I pointed to her—Wines had her in custody—he said he knew nothing of her; he had never seen her before in his life; that he only arrived in London that day—at the station I told him I should have to search him, and he could give me what he had in his possession—he handed me a purse containing 15l. 10s. in gold, 2l. 9s. 3d. in silver, 5d. in bronze, a bronze medal, 58 postage stamps, a knife, and a number of other articles.
Cross-examined. I call this a bronze medal—I have heard that it is a foreign coin, but I do not know that it is.
Cross-examined. I supposed they were man and wife—they addressed each other so, and appeared to me as such.
SARAH GOODWRIGHT . I am the wife of Robert Goodwright, and reside at Oakhill, Surbiton—on 29th February I was in St. Paul's Churchyard—I saw the female prisoner quite close to me—I had had my purse in my pocket shortly before—it contained 9s. 6d. in silver, a bronze coin, 12 postage stamps, a small memorandum-book, and two keys, one of them a watch-key—this is the coin that I had—I can swear to it—it was in the purse with the other things—putting my hand in my pocket, I found my purse was gone, and the pocket was cut—I did not see the purse any more—the only things that I missed and have since identified are this coin and memorandum-book, which contains entries of deaths.
Cross-examined. I saw the case in the Times, and I wrote at once to the detective, and when I went up the woman was shown to me—I particularly noticed her bonnet as she walked close by me—I don't recollect seeing the man—I had not missed my purse when I saw the woman—I missed it about five minutes afterwards.
Cross-examined. The male prisoner denied that she was his wife; and she denied that he was her husband.
PLEADED GUILTY to having been before convicted, McGomery in October, 1870, and Heary in January, 1871. There were three other indictments against the prisoners.— Seven Years' Penal Servitude.
FOURTH COURT.—Wednesday, April 10th, 1872.
Before Robert Malcolm Kerr, Esq.
MR. METCALFE conducted the Prosecution; and MR. STRAIGHT the Defence.
WILLIAM LITTLEWOOD . I am an ironmonger at Addiscombe, in Surrey—I was a customer of Messrs. Wilson, bath manufacturers, Wardour Street, Soho—on the 22nd September, 1871, I paid the prisoner on their behalf 16l. 14s., by a cheque for 22l., and he gave me the balance and a receipt—I have the invoice (produced)—I had received this by post, I can't say how long before—I have paid money to the prisoner since—I have had no claim upon me for 6l. 14s.
GEORGE GUY . I am an ironmonger at 2, Orchard Street, Portman Square—I was a customer of Messrs. Wilson's, and I knew the prisoner as their traveller—on the 5th April, 1871, I paid him 8l. 2s., and have his receipt (produced)—on the 23rd October I paid him 9l. 0s. 5d., and this is his receipt.
Cross-examined. Those invoices were sent to me by post—I have paid other moneys to the prisoner since then, and the accounts which I have paid have come in properly to me—there has never been any claim for the balance of these sums over again.
ROBERT WILSON . I am one of the firm of Messrs. Wilson, 49, Wardour Street—I am in partnership with my brother William—he is very ill indeed—the prisoner has been in our employment about five years—his duty was to collect moneys and orders, and when he received moneys to enter them into a cash-book which I provided for the purpose, and to hand them to Mr. Williams, the cashier, and no one else—the book I speak of is called a rough cash-book—he was also provided with a traveller's book to take round with him—there was no restriction made about his entering moneys in that—I have not received any money from him beyond what the cashier has received, nor any one else in my establishment—he had no power to pay it to any one else—a man of the name of Snell was in our employment as ledger-keeper—he died on the 15th December last year—shortly after the accounts were investigated, and about 300l. was found to be deficient—that was inclusive of Tovey's-Snell had no power to receive "credit" accounts at all, but during Williams' absence between 1 and 2 o'clock he would receive the cash for any ready money transaction—he had no authority to receive money from the prisoner—the 300l. was deficient in the ledger accounts—on the 29th February I called the prisoner into the counting house, and asked him why he had kept money back from the thirty odd accounts that I held in my hand—he informed me he had paid them to Snell—I told him if he could not give me a better explanation than that I should give him into custody in the morning—in the morning I took a policeman with me to the warehouse, and placed him outside the door, but the prisoner never appeared, and did not after that—I took proceedings against him, and he surrendered at the Police Court that was about ten days or a fortnight after he left. (A letter, not dated, from the prisoner to Messrs. Wilson, was put in and read, in which he stated he had not taken a shilling of their money, but had paid it all to Snell, and acknowledged that he had done wrong in following Snell's directions.) He was paid weekly—I had not paid his week's wages when he left, and he did not come to receive them.
Cross-examined by MR. STRAIGHT. I have been carrying on business in the same street with my father, about forty-five years-Snell was with us about eleven years—he was a person in whom we placed the very greatest confidence—I think it was in the month of February we began to find the
defalcations—I was not aware that the prisoner and Williams had gone through the books together—I was before the Magistrate—I heard it stated that the prisoner had raised something like 30l. to replace moneys that he found Snell had not entered—I understood Williams had assisted him—there is a cash-book left upon the counter, and all ready-money transactions are entered in that—I never receive money—mine is not a shop, but a warehouse—there is a cashier's desk—there are two cash-books, a rough cash-book, and the cashier's own cash-book—the rough cash-book is kept in my counting-house—it would be the prisoner's duty to enter all moneys in my cash-book, and then go to the cashier's desk and pay the money, and then the cashier would enter whatever amount he told him in his cash-book.
COURT. Q. Then it was perfectly possible for the prisoner to enter in your cash-book 20l. as received, and then go to the cashier and hand him 20s.? A. Yes; the cashier takes my cash-book and balances all the cash he receives from Tovey every night—in Williams' absence Snell would receive and enter the cash in the cash-book, that was if a person came to purchase anything in the front when Williams was gone to dinner.
MR. STRAIGHT. Q. Don't you know your own brother has paid money to Snell, for accounts he has collected? A. No—he is not here—my son is not here—I did not hear questions asked before the Magistrate as to whether my son had not paid moneys to Snell—I have heard so—the only time was when Williams had a holiday—I heard that question asked and I answered "No"—I am aware that the question was asked before the Magistrate, whether my son had not paid over 18s. to Williams, being an amount which he had originally paid to Snellson, and which did not appear in the book—he did it to save the child—I never heard of any other sum—I am at business every day—I have a week's holiday every month—my brother is in charge of the business then—I do not know that my son and Williams told the prisoner that I was going to give him into custody, and advised him to keep away—I was asked the question before the Magistrate—I took the policeman myself.
Re-examined. The amount of defalcations against the prisoner is nearly 100l. not accounted for by him, but the books had been falsified by Snell to make the accounts balance—the prisoner had no right to hand the money over to Snell—the prisoner was seldom there in the day time; his duty was to go out in the morning, collect money and orders, and return in the evening.
FRANCIS WILLIAMS . I have been for nineteen years cashier to the prosecutors—it was the prisoner's duty to account to me only—it was not his duty to pay money or account to Snell—Snell, in my absence, frequently received money—that was between 2 and 3 o'clock, and would be money over the counter—he had no right to receive money from the prisoner—my holiday was from the 17th to the 22nd July, I think—the prisoner used to enter the amounts he had received in a cash-book in Mr. Wilson's office, and then he would bring me a slip of paper with the amounts he would pay me—I never saw his traveller's book—there is in this cash-book, in his handwriting, on the 23rd September, an entry "Littlewood of Addiscombe, 10l.," but there is no further entry of 6l. 14s.—he accounted to me for the 10l. with other moneys received that day—I did not receive the 6l. 14s., the balance of the 16l. 14s.—there is no entry on the 5th or 6th October—there is no entry of Guy, 8l. 2s.—on the 23rd October there is "Guy, Oxford Street, 8l.," but no entry of 8l. 2s. or 9l. 0s. 5d.—this (produced) is the prisoner's traveller's book, and is in his writing—on the 23rd September there is "Littlewood,
Addiscombe, cash, 10l."—in the margin there is some calculation scratched out—there is nothing about 16l. 14s.—on the 5th October there is no entry of Guy, 8l. 2s.—there is "Guy, Oxford Street," but no cash received—on the 23rd there is "Guy, Oxford Street, 8l.;" but there is no entry of 1l. 0s. 5d.
Cross-examined by MR. STRAIGHT. I have heard that the prisoner came to Messrs. Wilson's with a fourteen years' character—I have nothing at all to do with the ledger—I have never been away ill of late years—there was a suspicion that Snell committed suicide—we had all placed the greatest confidence in him—I went through a statement the prisoner submitted to me—in the course of those enquiries which we made, we ascertained that many of the amounts he alleged he had paid to Snell, had never been entered in the books—he did not show me from his traveller's books that he had that day paid the money—he simply stated the fact that he had paid Snell certain moneys which did not appear in the ledger, and not in any book—we found Snell had falsified the ledger accounts in the case of Littlewood, and the two cases of Guy—Snell would prepare the accounts that were sent to the customers—this account (produced) is in Snell's writings—the casting originally was 8l. and something, and it has been altered to 9l.—I remember Tovey telling me that there had been a mistake made by Snell, and that he had gone back and got an extra sovereign—there were two occasions, one the prisoner told me he had made a mistake, and one Snell had made—when I went through the accounts with the prisoner he was anxious in every way to make a full investigation and showed his desire to do so—I had a conversation with him the day before he left—I do not think young Mr. Wilson was present—it was about his difficulties, and I told him they were going to take him into custody, and I very likely suggested that he should stop away—he told me he had paid moneys over to Snell, because Snell said there was a mistake in the accounts in the ledger, and that Snell would rectify the mistakes—I knew about this time there were frequent mistakes in the accounts sent in by Snell—there were complaints made at the office, as to the inaccuracy of Snell's accounts.
Re-examined. I went over the books with the prisoner, about a week or so after Snell's death—he said he had paid money to Snell, which Snell had not entered—he told me Snell would look over his list when he came back, and would tell him that he must not pay that sum in because there was a mistake in it, and that he would make it right—the day before the prisoner left he told me Mr. Wilson had called him into the counting-house and told him the charges, and had given him till the next morning to meet them—he said "If you were in my position would you go or stop?"—I said "Go"—he could give no explanation why he had not entered the sums in his own book.
MR. STRAIGHT. Q. I believe you assisted him in raising the sum of 30l.? A. Yes; that money was to be paid to the firm—that was to cover the amount that he was under the idea he had paid to Snell, and Snell had not entered.
MR. METCALFE. Q. You assisted him in raising the 30l. because you were under the impression that he was telling the truth? A. Yes—I did not know at that time about Littlewood's or Guy's amounts—this is what we call the "Account book" (produced)—there is an entry on the 23rd September, "Littlewood, cash 10l.," in the prisoner's writing—it was his duty to enter it in here if he had leisure.
GEORGE GUY (re-called). I believe this account (produced) was originally sent in to me from the warehouse by Snell, as 8l. something—I paid that amount to the prisoner, and afterwards he came back for another sovereign, which I paid.
The Prisoner received a good character.
NOT GUILTY .
MR. METCALFE conducted the Prosecution; and MR. STRAIGHT the Defence.
Cross-examined. I have had this account sent in again—I made a complaint, and said I had paid it.
FRANCIS WILLIAMS . The prisoner did not account to me for the sum of 2l. 3s. 8d. received from Miss Chapman on the 28th July—there is an entry in the travellers' book "Chapman, 2l. 3s. 8d." in small figures—it is not entered in the account book—at this time Snell was absent for his holiday—he went on the 24th, and would return on the 31st.
Cross-examined. Snell would be the person who would send in the bill to Miss Chapman—the prisoner has been on bail, and he has been to see Mr. Wilson at the premises—I had no conversation with him with reference to Miss Chapman.
NOT GUILTY .
There were two other indictments against the prisoner, upon which no evidence was offered.
OLD COURT.—Thursday, April 11th, 1872.
Before Mr. Baron Cleasby.
Other Counts varied the form of the charge.
To this indictment the prisoner.
PLEADED GUILTY on Tuesday before the
COMMON SERJEANT, MR. HUME WILLIAMS, instructed by the prisoner's friends, now applied that the plea might be withdrawn, as he was prepared with evidence to show that the prisoner was of unsound mind.
After some argument as to the course to be taken, the ATTORNEY-GENERAL, on behalf of the Crown, stating that he did not wish to interpose any technical objection to the reception of such evidence, the Jury were sworn to try "whether the prisoner is now of sound mind and understanding or not," the plea remaining on the record.
GEORGE O'CONNOR and CATHERINE O'CONNOR, the prisoner's parents, DR. HARRINGTON TUKE, DR. JAMES THOMPSON SABBEN, and MR. HENRY SMITH, of Kings College Hospital, were then called by MR. HUME WILLIAMS; and MR. JOHN ROWLAND GIBSON, Surgeon of Newgate, at the suggestion of the Court, and examined as to the state of the prisoner's mind. After hearing their evidence, the Jury found "that the prisoner was perfectly sane when he pleaded guilty to the indictment, and perfectly sane now."
He was then sentenced to One Year's Imprisonment and Twenty Strokes with a Birch Rod.
NEW COURT.—Thursday, April 11th, 1872.
Before Mr. Justice Quain.
MR. M. WILLIAMS conducted the Prosecution; and MR. COOPER the Defence.
CLARA STEELE . On Sunday, 10th March, I was living at 2, York Row, Ratcliffe, which is kept by a woman named Wynn—I have left there now—about 12.45 that morning the prisoner and Caroline Smith (the deceased) and another man and woman came there—the prisoner and the deceased went into a back room down stairs, and the others went up stairs—shortly after that, I was in the kitchen, which is close to the back room, and saw the deceased come out of the back room—she came into the kitchen, where I was, and was doing her hair up—the landlady then went through the parlour, and saw the prisoner standing in the passage, and said to him "Good God, man, how you frightened me!"—he made no answer—the landlady then said to the deceased "Carry, your young man is in the passage"—Carry was going towards the back room and the prisoner was standing between the door and the passage—I then heard her say "Oh, he has stabbed me!"—I saw nobody else there—she walked into the kitchen with the knife in her side—I saw the prisoner brought back by a constable.
Cross-examined. They had no drink there—they came into the kitchen first of all, and then they went into the bedroom—they stayed there a few minutes—they were friendly and loving—they engaged the room for the night—the landlady was frightened at seeing him stand there in white—this is a common knife.
COURT. Q. Had you known this woman before? A. I had seen her once or twice before—she did not lire in the house—they had been I daresay ten minutes in the back parlour before they came out—there is a wall and the stairs dividing the kitchen from the back bedroom—I could not see the prisoner when she was doing her hair in the kitchen.
ANN WYNN . I keep the house, 2, York Road—on 10th March, a little before 1 o'clock in the morning, I was at my door—two young men and two young women came—the prisoner and the deceased were two of them—they asked me to accommodate them, and they went into the back room down stairs (the other female was named Williams)—shortly afterwards the deceased came out and gave me 2s. for the bed for them, and as I was going into the parlour, which is on the same floor as the back bedroom, I saw the prisoner standing in the passage—the deceased was then in the kitchen—I said "Caroline, here is your young man in the passage"—Caroline walked up towards him, and I went into the parlour—as soon as I got there I heard her scream out "Oh, he has stabbed me!"—I had just got the parlour door open—I ran out, and saw Caroline leaning against the kitchen wall, and this knife on the mat in front of the kitchen fireplace—she
pulled it out herself—the prisoner ran out of the house as hard as he could run, and he was immediately afterwards brought back by a constable, to whom I handed the knife—the prisoner seemed sober, but I did not take notice.
Cross-examined. I heard no angry words—the 2s. was for the bed for the night—she went up to him friendly and affectionately when he was in the passage, and not as a person would do who was at all frightened—I supplied no drink—his companion and another female were sleeping in the house, the other man seemed a friend of his—the two couples came together—I knew Caroline before—she had not been in my house long—she had not been doing that for some time, only she had a few words with her young man, and she was obliged to do the best she could.
COURT. Q. You expected he was going to bed? A. Well, he could see her in the kitchen, and she was putting a hair-pin at the back of her hair—she went into the bedroom first with him and was there five or six minutes—she was not undressed, but she had taken off her bonnet, shawl, and boots, and then she came into the kitchen and gave me the money—between the time she gave me the money and the time this occurred, she had not been into the back room again.
RACHEL WILLIAMS . I am an unfortunate girl, and lived at that time at 70, Sutton Street, St. George's-in-the-East—I went to this house with a man on the night that the deceased met with her death, and she went with the prisoner—she was a stranger to me—I was with my man in another room, and did not hear what took place till Mrs. Wynn called out "George! George! he has stabbed Carry"—the men were not drunk; they were more the other way.
ELLEN CREW . I am the wife of John Crew, of 6, Devon Road, Bromley—the deceased was my step-daughter—she went by the name of Caroline Smith—I went to the London Hospital, and identified her after she was dead—I had seen her alive on Tuesday, 20th March.
GEORGE GOLDSMITH (Policeman K 492). On Sunday, 10th March, about 1.50 a.m., I was in York Road, and heard screaming from No. 2—the prisoner came out of the house, and ran towards me—I stepped back, thinking something was wrong, intending to stop him—when he came up to me, I stepped on the kerb in his path—he said "You need not stop me, policeman; I have stabbed a woman; I will give myself up; if you will come with me I will show you where I done it"—I went with him to 2, York Road, and saw the deceased in the back kitchen—blood was coming through her stays—the knife must have glided off the steel—the landlady gave me this knife (produced); it opens with a spring back—I asked the prisoner if that was his knife—he said "Yes, that is the knife that I done it with"—on the way to the station he said "I wish I had killed her; that is how a good many more b—y cows ought to be served"—he also said "She wanted to best me out of 6s., and I would not be bested by her"—I took the deceased to the hospital; it was about 2.30 when we got there—the prisoner was drunk.
Cross-examined. He seemed in an excited state when he came up to me—he spoke in an excited state, as a drunken man would.
COURT. Q. What is the meaning of "to best me of 6s.?"A. I do not know, but I think it meant to rob him.
RACHEL WILLIAMS (re-examined). I went to the hospital, and helped to undress the deceased with the nurse, but I do not know whether she had any money or no—I did not see her pockets—the nurse is not here.
ODY WENHAM (Police Sergeant K 39). I was at the station when the prisoner was brought in—the deceased was first brought to the station, which is close by—I asked her if she saw the man who stabbed her—she pointed to the prisoner, and said "Yes; that is the man"—I read the charge over to him—he made no answer—he appeared to me to be the worse for drink—nothing was found on him.
MR. M. WILLIAMS to ANN WYNN. Q. Do you know whether any money was found on the deceased? A. I do not—she only gave me 2s.—she said nothing about any money when she gave it to me—she did not appear to have any other money in her hand—I did not search the room next morning, but it has been used several times since, and no money has been found.
JOHN THOMAS . I am house-surgeon at the London Hospital—I saw the deceased when she was brought in, and found a wound about an inch and a half deep, about three inches above the navel—I probed it—such a knife as this would produce it—it was half an inch long—I was present at the post-mortem—the knife had penetrated to the liver—she died on Thursday morning of hemorrhage from the wound—I did not see whether her clothes were searched—if any money was found in them it would be returned to the mother as well as the clothes.
Cross-examined. I think it was a direct blow—the knife was pretty sharp.
Re-examined. The blow must have been given with great; force to have glanced off the steel bone of these stays.
GUILTY of manslaughter only — Seven Years' Penal Servitude.
MR. DOUGLAS conducted the prosecution; MR. GRIFFITH appeared for Robertson, and MR. ST. AUBYN for Farrell.
GUILTY *— Twenty Years each in Penal Servitude.
THIRD COURT.—Thursday, April 11th., 1872.
Before Mr. Deputy Recorder.
355. JOHN ASLIN (44), and MICHAEL BARKER (43), were indicted (with James Hyams, not in custody) for stealing 1 bushel and a half of tares, 9 bushels of peas, 8 1/2 bushels of oats, and half a bushel of beans, of William Rathbone and another, the masters of Aslin.
MR. METCALFE conducted the Prosecution; and MR. SAFFORD defended Aslin, and MR. MONTAGU WILLIAMS defended Barker.
ANDREW M'LEARY (City Policeman 600). About 5.45 on the evening of 26th February I was on duty in Upper Thames Street—Trig Wharf is 29, Upper Thames Street—I have ascertained that part of Trig Wharf is in the occupation of Messrs. Miles, Gold, & Co., iron merchants, and the other part in the occupation of Messrs. Rathbone & Co., corn merchants—there is no internal communication between the two premises—the corn ware-house overhangs the street, so that you can let down corn from the ware-house into a cart underneath—about 6 o'clock on the evening of the 26th my attention was called to a horse and cart which was being driven by
Barker along Upper Thames Street, in the direction of London Bridge, away from the wharf, about 300 yards from it—I asked him what he had got in his cart; he said "Some oats"—I asked him how much; he said "Six quarters"—I asked him if he was sure that was all; and he said "Yes, quite sure"—I asked him where he got them from; he said "From 29, Upper Thames Street"—I asked him who gave them to him; he said "The foreman of the stables"—I asked him where he was going with them; he said "To Tulse Hill"—I asked him where that was; he said "Brixton"—I said "Who are you taking them to?" he said "To Mr. Gold"—I said "What is Mr. Gold going to do with them?" he said "To give them to his horses"—I said "I am afraid all is not right; you had better come with me to the station"—I asked him whether he had a delivery note; and he said "No"—I wanted him to go to the station, and he wanted me to go to the stables—he said "Come back to the stables, I will make it all right"—I persisted, and took him to the station—on arriving there, I found there were seven quarters, that is fourteen sacks—the name of Rathbone and Webber was on the sacks—in consequence of what the prisoner said I went to Mr. Gold at Tulse Hill—he is a member of the firm at 29, Upper Thames Street—Mr. Gold gave me this letter, which was read to the prisoner when I got back. (Read: "164, Tulse Hill, Surrey, 26th February, '72. To the Inspector of Police. I understand you have a man in custody who said he was going to bring some oats to my house, which I beg to state is an untruth; he had no business with anything belonging to us, or to anyone else. Your obedient servant, Wm. Gold." (The prisoner was kept in custody and charged with this offence—I went afterwards to 29, Upper Thames Street—I saw Hyams there in the stable, and said something to him—I have not been able to find him since that time—I looked for him the next day, and from that time up to the present I have not been able to find anything of him.)
Cross-examined by MR. M. WILLIAMS. Hyams was foreman of the stable—Barker told me at once he was going to Mr. Gold's, at Tulse Hill, and I found Mr. Gold living at Tulse Hill.
DAVID RILEY . I live at Cloth Fair—I am an iron porter, in the service of Messrs. Milts, Gold & Co.—I have been there about eighteen years—Barker was in their employment as carman—Hyams was stableman in Messrs. Rathbone's employ, and Aslin was delivery foreman there—on 26th February I arrived at the wharf at 6.30—the usual time for beginning work is 7 o'clock at both wharves, the corn wharf and the iron wharf—I saw Barker standing in Messrs. Golds' cart, under the loop-hole of Rathbone's, stowing corn away in the cart in sacks—I saw Aslin lower the sacks down from the second floor of Rathbone's granary—Aslin was by himself—I stood there about ten or twelve minutes—I was about seven feet from the wheel of the cart—I then went into a public-house called the Barley Mow, and had a cup of coffee—when I came out the cart was still there—I saw my foreman, Dyer, and called his attention to the cart—the prisoners were loading the cart at that time—Barker covered the load over with a sheet about ten minutes to 7 o'clock—he then turned the horses' head towards Blackfriars Bridge, and backed the cart against the stable gates, they burst open and the cart went in—the door was shut, and I did not see any more—I went to work—the coach-house is just inside the gates—I have known Barker for about eighteen years, and Aslin about three—I am quite sure they are the two men—I have always been on friendly terms with them—
I never had a word with either of them—after the cart had been backed in I noticed that the paint was struck off the gates.
Cross-examined by MR. SAFFORD. I got up about 6 o'clock, and got to the wharf about 6.30—work does not begin till 7 o'clock—I get there every morning before the time for work, simply because I go to bed in good time—Messrs. Gold and Messrs. Rathbone trade between one another sometimes—I have seen a cart of Messrs. Gold's at Messrs. Rathbone's with a load of dung to go to the country—I was not surprised to see the cart there so early—I have often seen the cart load there—I did not know there was anything wrong—I thought they were going to the governor's house.
Cross-examined by MR. M. WILLIAMS. I saw Aslin standing at the loop-hole—it was 6.30 when I saw the cart first—there is no mistake about that—I went into the coffee-shop, and came out about 6.50—the cart was standing there then—as far as I saw, it had been there twenty minutes, and had not been moved.
PETER DYER . I was foreman of the iron porters in Messrs. Miles and Gold's employ on 26th February—I have been discharged since—on that day, which was the day before Thanksgiving Day, Riley called my attention to a cart—Barker was in the cart—it was about 6.45 or 6.50; we were going to work then—Barker was loading oats—the cart was standing under the loop-hole of Messrs. Rathbone's warehouse in Upper Thames Street—there might have been eight or ten sacks in the cart at the time I passed by—the sacks were coming from the loop-hole of Messrs. Rathbone's granary—I did not see who was lowering them—I did not look up—Riley called my attention to the cart, and I saw Barker in it, and the corn coming down, but I did not look up to see who it was at the loop-hole—I knew Aslin very little—he was almost a stranger to me—I knew him very well by sight, and I knew he was foreman at Messrs. Rathbone's—I did not notice where the cart went to; I went in to my employment—I have not seen the cart loading there before, to my knowledge, so early in the morning.
Cross-examined by MR. M. WILLIAMS. I have something the matter with my eyes, and my vision is defective.
WILLIAM GREEN (City Detective). On 28th February I went to Messrs. Rathbone's premises—I noticed on one of the gates a piece of paint knocked off about the size of the palm of my hand—it was freshly done—inside the gates I found the coach-house and stables—I found the coach-house doors closed, but the lock had been forced open—I found about eighteen bushels of corn, oats, and tares, amongst a number of other things—they were in sacks, with Messrs. Rathbone and Webber's name on them—in consequence of what Riley said, I saw Aslin at the wharf on the 8th March—I told him I was an officer, and I was going to take him into custody for being concerned with Barker in stealing fourteen sacks of oats on the 26th—he said, "It is quite wrong; they have made a mistake; it is not me; I know nothing of it"—I had a warrant for the apprehension of Hyams, but I have not been able to find him.
Cross-examined by MR. SAFFORD. I did not mention what time it was done—I only told him the day.
years, and Hyams was stableman—he was not foreman, and had no authority whatever over Barker—Hyams had no corn in his possession belonging to us which he could give to Barker—Barker had no authority to take away any corn—Mr. Gold did not keep horses at Tulse Hill, and has not done so for five or six years, and he did not have his oats from Messrs. Rathbone then—Barker had no business with the cart on the evening of the 26th at all—the horse should have been in the stable, having done its day's work—I have seen the corn in Messrs. Rathbone's sacks—it had nothing to do with our firm—I knew nothing of the sacks being lowered from the loop-hole into Barker's cart—Hyams kept the key of the coach-house, but it was supposed to be empty—I did not know of any corn being there—Hyams absconded, and the coach-house was forced open, as he had the key.
Cross-examined by MR. M. WILLIAMS. The coach-house was a piece partitioned off in the stable, and Hyams had the key—I am a clerk in the firm—I am not a partner—none of the partners are here to-day; it would be impossible for them to come—Hyams was not foreman over the stables; he was employed to keep the stable clean and to cut chaff—my business is in the counting-house—I have been in the business seven years—I have nothing to do with the out-door arrangements at all—each carman has to look after his own horse—Hyams would have the care of the stables—Barker has been in our employ about eighteen years—I have never heard anything against him—Hyams has not been to his duty since Thanksgiving Day or the day after—our firm have dealings with Rathbone's.
Re-examined. We should stipulate for bulk at a certain price, and draw the same quantity periodically for the use of the horses at the wharf—what was wanted for the use of the horses at the wharf was bought from them—we had three quarters a week—we had those three quarters in, independent of the corn in question, and half of it was used—I should not think our corn was brought in a cart, as the premises adjoin—I am Mr. Gold's nephew, and live with him at Tulse Hill.
WILLIAM RATHBONE . I am in partnership with Mr. Webber as cornmerchants—Aslin was granary foreman in our employment—the deliveries of corn would be made by his direction, and corn would not go out without his directions; it ought not to—a delivery-order would go with it—the chief clerk would send it up to Aslin—he ought not to let any corn go out without the delivery-order being sent up to him—the orders are filed—I did not know of any corn being delivered on the 26th in the way that has been stated—there is no entry in the books of its being delivered, and no order for it—I had not authorised any to be sent to Mr. Gold—we did supply three quarters a week to Messrs. Miles, Gold, and Co.—I have seen the corn which was stopped by the policeman; it is of a totally different quality to that which we supply to Messrs. Miles, Gold & Co.—the corn that was stopped was our corn, and was in our sacks; and the corn that was found in the coach-house was our property, and the sacks also—I knew nothing about its being placed in the coach-house—we commence business at 7 o'clock in the morning—the warehouse was kept looked till then, and Aslin would have the key—he would be the proper person to set the men to work when they came in the morning—the granaries consist of three floors, and there is a loop-hole from each floor—I did not know of any corn going away in the evening.
Cross-examined by MR. SAFFORD. There are five men employed in the granary—if Aslin was late in the morning, and in case of illness, it would
be the duty of the chief clerk to take the keys from the watchman—the watchman keeps the keys—Mr. Wall is the chief clerk—Aslin has not the keys, of a night—the watchman has—Aslin has been between three and four years in our service—he has borne a good character all that time, and we have been able to trust him—Riley was never in our service—there is a man named Chambers who has worked for us, who is in Thames Street.
Re-examined. The watchman's name is Skipper—he would remain all night to watch the premises, and he would have the key for the purpose of passing about—7 o'clock was his time for leaving, and if Aslin came before that he would hand over the keys to him.
Witnesses for the Defence.
DAVID GIMMELL . I am a tailor, and live at 4, South Crescent, Bedford Square—I know Aslin—on the Sunday night before Thanksgiving Day, I sat up at his house—Aslin sat up till about 12 or 1 o'clock—I sat up with Mrs. Aslin and a child—I called Aslin the next morning about 6.30, and he came into the room about ten minutes after and shook hands with me—he lives at 8, Union Place, very near Shoreditch Church, off the Curtain Road—I should think it would take about half an hour to walk from there to Upper Thames Street—I left in the morning about 9 o'clock—I was examined as a witness before the Magistrate.
Cross-examined. I was at Aslin's house all night—it is not a common practice of mine to be there all night—I have been there before all night—I don't remember what night it was particularly; two or three nights before that it was; I don't remember which—I sat up two nights the week afterwards—I think it was Wednesday and Thursday; I am not quite certain—I know it was after Thanksgiving Day that I did sit up two nights—I know I sat up on the Wednesday, but I don't know whether it was the Thursday—I remember the Sunday night so well going up to spend the evening—I went up in the afternoon to tea and stayed all night, and on Monday I wanted him to go to the procession the next day, and he said he did not know whether he might have a holiday or not, and I sat up on the Monday night with him—on the Sunday I was there and had tea with Aslin and smoked a pipe with him; I left late at night, and on Monday I asked whether he was going with me to see the procession—I did not sit up with him on Monday night—it was Sunday night that I sat up with Mrs. Aslin; the Sunday before Thanksgiving Day—it is not true that I went to tea and smoked, and went away late at night—I was confused just now over it—it was on Sunday night, I remember it perfectly well now, it was on Sunday night that I stayed there—I sat up with Mrs. Aslin—there was no one else sat up; there was a woman going out and in—Mr. Aslin went to bed about 12 o'clock and I sat up all night with his wife—there was a sick child in the house; in the same room—the sick child was seventeen or eighteen—his daughter was in the next room—she went to bed some time before her father—I am very intimate with them—I sat up because Aslin had been sitting up for several nights—I could do no good, but death was expected, and in the case of death, I might have been of some use—I was a long way from home, and so I did not go home—my home is in South Crescent, Bedford Square—I did not go there at 9 o'clock in the morning—I went to Queen Street, Cheapside, into the Fleece public-house—I did not sleep at South Crescent the night before—I forget now where I slept—I don't wish to mention where I slept—I did not sleep at my own lodging—I have given 4, South Crescent as my address, and I gave it at the Police
Court—I will swear that I have slept there during the last twelve months—I was there last week, it is my home and address—it is the only home I have got in London since I was unfortunate in business—my letters are addressed there—I sleep there sometimes, and am always to be found there—I can't remember when I last slept there—I have slept there many times within twelve months, and within six months—I have always got my bed-room when I go there—I have not a room reserved for me—if you wanted me, and sent to 4, South Crescent, I should get the letter—I call or send for my letters; that will find me at any time—it is a very delicate matter to ask me about—when I went there a week ago, they did not tell me that Green, the officer, had been there—Mrs. Fusman is the landlady's name—she said something about a gentleman calling and making inquiries about me; there are so many people call for me—she did not say that she had told the officer that I had not been there for twelve months—that is my address—I had no watch with me when I sat up—there was a clock, and I looked to see what time I should call Mr. Aslin.
Re-examined. A daughter of Aslin's was ill, and had been for a considerable time—she was very dangerously ill—Aslin had been up some previous nights with her—I was told so—I was some distance from the place I usually slept at, and I remained up all night.
ADA ASLIN . I am the prisoner's daughter—I am seventeen years old—I reside at 8, Union Place, Curtain Road, Shoreditch—I remember Thanks-giving day—previous to that day I had a sister very ill—I remember Mr. Gimmell coming—I don't remember what night it was, or how long it was before Thanksgiving Day—he stayed up all night when he came—my sister has since been taken to the hospital—there are four bedrooms in the house—I saw my father the morning after Gimmell sat up—I don't know what time it was.
WILLIAM RIVETT . I live at 8, Duke Street, Stamford Street, Blackfriars—I was a carman in Messrs. Miles, Gold & Co.'s employ—I have since been discharged—I entered their service in 1855—Barker was a carman in their employment—on the day he was arrested, the Monday before Thanks-giving Day, he came to the wharf about 7.30, as near as I can say—I got there about 6.30 or 6.40—I saw Barker arrive—I was there before Skipper, the watchman, left—as soon as I got there, I did what was necessary to my own horse, and then I mucked Barker's horse out and fed it, because he was not there—Barker had not arrived when the watchman left—I know Hyams—I have not seen him since he went away—I was in Messrs. Gold's employment seventeen years—I was discharged, as Mr. Druce told me, because I did not see this affair, and I ought to have seen it.
Cross-examined. It was Barker's usual time, about 7.30—I generally used to feed his horse of a morning—I fed him because Barker was not there in time—there was no time-keeper, but the watchman knew that I was there—I don't know that the time was ever booked—I kept my time in a regular way—I fed Barker's horse and mucked him out—it was not part of my duty at all, as far as that goes, but I generally did it—there was no cart there—the cart was usually kept on the wharf, and I believe it was there that morning—I can't say that I saw it—I saw it when I went out with my cart at 8 o'clock—I did not see any cart outside at the loop-hole, and I did not see any cart brought in through the gates—I was in the stable from about 6.30 or 6.40, close to where the gates opened, and I mean positively to swear that no cart came in there at all—Barker came from his
home, as far as I know—I first saw him in the stable—I was there when he came in—I had not seen him before that morning—where he came from into the stable I don't know—I did not see Dyer, the foreman, at all that morning, nor did I see Riley.
Re-examined. If the cart had been backed into the stable, I must have seen it.
ROBERT SPOONER . I am in the service of Messrs. Rathbone and Webber, I have been with them about eight years as warehouseman—Skipper is the watchman there—I recollect the Monday before Thanksgiving Day—I went there about 6.50—I did not see Aslin there then—the watchman was in the yard—I saw the keys in the granary door—I did not see any cart there at that time—if there had been one, I must have noticed it—I did not see any one there, except the watchman—he was against the office door—frequently, since I have been in the service, the granary door has been left open, till lately—I am obliged to go up in the first floor sometimes to get the wood for the counting-house, but lately the keys have been given to me by the watchman.
Cross-examined. They have been as often open as not when I came in the morning—I had to light the fires in the office, and I went up to the first floor to get the firewood—my ordinary work was to light the fires and sweep out the counting-house—that would take me an hour—I had to do all that before I went up in the granary—I can't tell whether Aslin was in the granary at all at that time—I can't say whether he or I came first that morning.
Re-examined. I am sure I did not see any cart there.
GEORGE SKIPPER . I am watchman to Messrs. Miles, Gold & Co., and have been for thirty-two years come next September—I come of a night at 7 o'clock, and go in the morning at 7 o'clock—on the day before Thanks-giving Day I left the premises at a half-past 7 o'clock—I don't recollect seeing Aslin that morning—I should give the keys to one of the carman—there were four, and I can't charge my memory which I did give the keys to that morning—it was not Aslin, to my recollection—I can't say that I saw him—I did not see any horse and cart drawn up in front of the premises.
Cross-examined. I should either give them to Aslin or Spooner; whichever I saw first—I leave the keys in the door when I put my things away—I have to get my coals out and different things—I have a little place behind the granary door, and I might have left the keys five minutes or so—the premises are very large—they stand on an acre of ground—I go to the back of the premises and front also—I should not see the loop-hole from the back of the premises—I had not worked at the back of the premises that morning—I did not go up in the granary at all that morning—I did not see Aslin, and I don't know what time he came—Spooner came about ten minutes to 7 o'clock—I saw him when he came the first thing—I don't know what time Barker came—the keys were in the door that morning—if Spooner came first I gave them to him—I don't recollect whether I told the Magistrate that I gave them to Spooner—if I did it is not true, because I left them in the door—I now recollect distinctly that I left them in the door, and if I did that I should go to the back of the premises.
Re-examined. I saw Spooner that morning, and he came at ten minutes to 7 o'clock—I opened the front gates at 6 o'clock.
February I got there about ten minutes or a quarter to 7 o'clock—I don't recollect seeing Barker there—I did not see Aslin that morning, and I did not see any cart and horse outside.
Cross-examined. Seven is our proper working time, we were not particular for a few minutes, there was no set time particularly.
Re-examined. I was carman there three years, and worked there nine years altogether.
WILLIAM KNIGHT . I was in Messrs. Gold's employment seven years—I have since been discharged—on the morning of the day before Thanksgiving Day I came about ten minutes or a quarter to 7 o'clock—I did not see Barker then—I saw his horse in the stall—I did not see any cart outside the granary that morning, if there had been I must have seen it.
Cross-examined. I was there at ten minutes or a quarter to 7 o'clock—7 o'clock is the proper time, but sometimes I am there at 6.30—we are paid by the day, but we have so much to do—7 o'clock is not the proper time for the carmen, because they have to feed the horses and clean them out—I did not see Dyer there—Barker came about his usual time—about half-past 7 o'clock he used to come—I did not see Dyer at all that I know of—he was not foreman over us—I did not see Riley to my knowledge.
BARKER received a good character.— GUILTY — Two Years' Imprisonment.
ASLIN— GUILTY — Seven Years' Penal Servitude. The Jury stated that they did not believe the witnesses for the defence, and THE COURT refused to allow their expenses.
356. ROBERT BEART (34) , PLEADED GUILTY to unlawfully writing and publishing a malicious libel of and concerning Joseph Clayworth.— To enter into recognizance in 100l. to receive judgment when called upon.
MESSRS. LAXTON and DE MICHELE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLIAM ANTILL . I am a cabinet-maker, and carry on business at 9, Adam and Eve Court, Oxford Street, in partnership with the prisoner's father—I know the prisoner—he was apprenticed to Mr. Broadwood—on the evening of 26th March I went to see Mr. Broadwood at his shop—before I started to go there I said, in the prisoner's presence, that I was going over to Mr. Broadwood's with a piece of work—he heard me say that—Gritten was there when I said so—I went across to Mr. Broadwood's shop, which is on the top floor—I was talking to Mr. Broadwood, and I lent him 4s. 6d. to pay something—I walked to the other end of the shop, while he was paying the money away, and all of a sudden I felt two blows at my back, and heard someone say "You b—, I will take your life," "I will murder you," or some words to that effect—after that he exclaimed "You b—wretch, I will rip your b—guts out"—I turned round, and caught his hand as he inflicted the third blow on the top of my head—it was the prisoner's hand—I seized him by the neck and by the wrist, with this mallet in his right hand; at the same time I called for assistance—the prisoner said he would rip my b—guts out if it was for years to come, and, if he served seven years, when he came out he would do it—his master was with me, and he threatened to rip him up when he came out of
prison—there were only three blows—the third was on the top of my head, but I caught the prisoner's arm, or it must have dashed my brains out—the mallet was taken out of his hands, and he was taken down stairs, and then to the station—the inspector sent a policeman with me to the hospital—I received two blows on the back of the neck, and one on my head, which laid my head open—it was strapped up at the hospital—I was laid up in bed several days—Dr. Joliffe attended me for very near a week—I was confined to my bed—I had signs of erysipelas, and my head swelled up, and I suffered a great deal of pain; it festered—here is the mark on my head—I don't suffer much pain now.
Cross-examined. I said before the Magistrate that the two blows were in the back—I meant the top of my back—I believe I stated before the Magistrate what I have stated to-day—I stated that he said "You b—, I will take your life," and that he used the words "B—wretch"—I never had any quarrel with the prisoner in my life—he had not the slightest reason for this at all—it was in the dark—there was a candle about forty feet off—there were benches in the shop—I did not see the prisoner when he came up, and I did not see him pass me in the shop—the shop is eighteen feet wide, and forty feet long—there is a space of about two feet ten inches between the benches—I was passing through the benches when I received the blows—I turned round and caught him by the collar as I received the third blow—I did not seize him by the throat—the prisoner's father is my partner—I did not want him to give me a sum of money and dissolve the partnership—I don't owe him about 1000l.—I owe him a little—I have agreed to withdraw from this prosecution if the Judge would recommend him to mercy—I have not agreed that I would withraw on the consideration that I would dissolve partnership unless the Judge allowed me to withdraw—this is an agreement which the father drew up, and he got me to sign it—Mr. Broad wood is here—he and the others in the shop would be able to hear what was said as well as I did—Mr. Broad wood works for me; we are not on very intimate terms—he had nothing to do with me joining Mr. King in partnership—I made him a present of a gold watch after I joined Mr. King, but that Was because he had done me several good turns in business.
CHARLES SLOPER . I live at 30, George Street—I am a wood carver, in the employment of Mr. Broadwood—the prisoner was an apprentice—on 26th March I was in Mr. Broad wood's shop in Castle Street, it is on the second floor—it was about 8.5 or 8.10—there was a candle at one end of the shop—Mr. Antill was in the shop—the prisoner came in after him, and shortly afterwards I heard a noise as of someone falling over something at the further end of the shop—I then heard Mr. Antill cry for help, and a struggle—Mr. Broadwood went up first—there was only one light, and I wanted to get another—I then ran up—I saw the prisoner with his back against the wall, and Mr. Antill was holding him by the throat and by his right hand—this mallet was in the prisoner's hand—I took it from him—Mr. Broadwood had also got hold of the prisoner, he had run before me and I could not get close to him—both Mr. Antill and Mr. Broadwood had him—we got him out from between the panels—I saw a cut on Mr. Antill's head, and the blood was trickling down.
Cross-examined. Mr. Antill had the prisoner by the throat—before I heard any cries there was a sound as if some person had stumbled—I have known the prisoner since Christmas—I always found him a quiet inoffensive
lad—he had had a very severe cough, and I believe he had had the tonsils of the throat burnt—this mallet belongs to the shop—it is a shop mallet for the boys—the men have their own mallets.
WILLIAM BROADWOOD . I am a wood carver, and my workshop is at 34, Castle Street—the prisoner was an apprentice of mine—at 8 o'clock in the evening of 26th March I was in my shop—the prisoner had left his work for the night, as usual, and wished me "Good night"—some few minutes after he had left the shop Mr. Antill came in—I was paying a lad some money, and Mr. Antill lent me 4s. 6d., and he then went towards the end of the shop—I heard a cry of "Help!" and "Murder!" and two voices intermingled—Mr. Antill cried "Help!" and "Murder!" and I heard him say "Who are you?"—I and my foreman went up—I found Mr. Antill had seized the prisoner, who had this mallet in his right hand—Mr. Antill was holding him by the collar, or by the neck somewhere—Mr. Sloper took the mallet out of the prisoner's hand, and all the time the prisoner was threatening Antill's life—he said several times he would have his life if he was hung for it—he said that afterwards, in the street—he also said that he had ruined his family, and he would have his life; and he called me dreadful names, and said he would rip my guts out—he repeated that ten or twelve times—this is a mallet which is used by the apprentices—I don't know where it was before the prisoner had it—blood was running down the left side of Mr. Antill's face when I had hold of the boy.
Cross-examined. I can't say whether he had the boy by the throat or coat—it was somewhere by the throat—I have been on intimate terms with Mr. Antill, as far as business goes—I had nothing to do with the partnership between him and King—the watch he gave me was for friendship sake, I believe—I don't think I said before the Magistrate about Antill having ruined his family—I don't think I was asked—I know a man named Gray in Mr. King's employ—I ascertained from him that he had told the prisoner to tell me to go over in the morning to do some work—he did send a message to that effect, but the boy could tell me in the morning, as he had left for the day—he had told the boy that he might mention it in the morning.
Re-examined. He would not come that night by any particular instruction—he had left his business for that night.
WALTER GRITTEN . On 28th March I was at Mr. Antill's shop, in Adam and Eve Court, at 8 in the evening—the prisoner was there—I was going home with Mr. Antill—he said he was going over to Mr. Broadwood's, and desired me to meet him there—Mr. Antill went out, and the prisoner followed in about a minute, and I followed two or three minutes afterwards—I went up stairs to Mr. Broadwood's shop, and found Mr. Antill and Mr. Broadwood struggling with the prisoner—I assisted in securing the prisoner—blood was running down Mr. Antill's face—there was a good deal of blood—I heard the prisoner say he would rip his guts open, and if he did a thousand months he would murder him when he came out—I helped to take him to the station—he also said he would murder Mr. Broadwood.
Cross-examined. I was not called before the Magistrate—he did not say he would murder me.
GEORGE JACKSON . I am apprenticed to Mr. Broadwood—on 26th March, about 8 o'clock in the evening, I was going home from work—I met the prisoner coming up stairs as I was going down—he was coming up the same as usual, at a middling pace—he asked me if Mr. Antill was up stairs; I said he was, and he went up stairs.
Cross-examined. I was not examined before the Magistrate—I am quite sure he did not ask if Mr. Broadwood was up stairs—I told Mr. Sloper the following morning that I had seen the prisoner going up—I did not tell the prisoner's father it was Broadwood he asked for.
GEORGE JOHN SCALE . I am house-surgeon at Middlesex Hospital—on 26th March I received the case of Mr. Antill—he had a lacerated wound about the size of a half-crown on the left side of the head, and he also complained of a pain in the back—I asked him to let me see it, and he said it was nothing very particular—the wound on the head was bleeding; the skin was broken—I strapped it up and did what was necessary—it was such a wound as would be inflicted by this mallet.
HENRY WALLER (Policeman C 151). About 8 o'clock on the evening of 26th March the prisoner was brought to the Marlborough Street police-station, and charged with assaulting the prosecutor, who was bleeding very much from the head—the blood was running down his beard—I took him to the hospital—the prisoner said nothing when he was charged.
GUILTY . The Prisoner's father stated that he was a very quiet and well-conducted young man.— One Month's Imprisonment. The father entered into recognizance in the sum of 50l. that the prisoner should keep the peace for twelve months.
OLD COURT.—Friday, April 12, 1872.
Before Mr. Baron Cleasby.
MR. POULTER conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ELIZA BELLINGER . I live at 3, Orange Row, Whitechapel—the prisoner married my daughter—she was staying with me on Saturday, 20th January, and had been from the Monday previous—a few minutes after 9, on the night of the 20th, the prisoner came and asked if his wife was at home; I said "No, not yet, she won't be long"—she came in about ten minutes afterwards—the prisoner was sitting on a side-table, and she went alongside of him and asked if he wanted to come home—he said he had no home for her; his father and mother had taken it—I said to my daughter "Never mind, hang off your shawl"—she went and hung it in the bedroom and stood behind the door, and the prisoner went and jumped up against her—I told my little boy to go and look for a policeman, as I did not want any row in my place—the prisoner said "You may go for a policeman, I will soon settle him"—he spoke in the ordinary way, with his mouth, not by signs. (The prisoner was alleged to be deaf and dumb.) I can understand him very well, and he understood us—he is a little deaf, but he can hear if you speak loud to him—the little boy came back and said he could not find a policeman; but it was all done then—the prisoner first stabbed my daughter in the chin—he struck her—I did not see what with—I saw blood come from her chin—she then went to the side of the fire-place and dropped down; he pulled her down, and then she dropped down on the stove; she held up her arm, and he stabbed her in the arm while she was down—she then turned and halloaed out from pain, and then he gave her a cut here (in the stomach)—I did not see anything in his hand; but when he was sitting
by the side of her he was feeling in his pocket—she called out "I am getting stabbed and cut"—I then turned him round by the shoulder, and said "It is enough of your row here"—he then left her and gave me a stab—my daughter ran out—the prisoner afterwards left; he ran away when he stabbed me—I ran after him up the street, but could not see a policeman, and he got away.
Cross-examined. He is not stone deaf—he is a little deaf, but he can understand us very well when we are talking to him—his wife sometimes talked to him by signs, for some words—I did not hear him ask for a shirt when he first came in—I did not hear his wife say it was pawned—when he felt in his pocket, she said "Perhaps he will give me some money"—I did not hear her ask for money—I did not snatch anything from my daughter's hand and throw it on the fire—she had nothing in her hand—they have been married five months—I have not seen much of him.
ELIZA JANE BURRELL . I am the prisoner's wife—on Saturday night; 20th January, I had been staying at my mother's house a week—I came in shortly after 9 o'clock, and saw my husband sitting on a chair—he asked me where I had been—I said I had just come home from work—I spoke to him as I do to you, only some hard words he can't understand, and I have to go in motion—he can speak—I sat down by his side, and I asked him to come home to give me my clothes—he said he had no home; his mother and father had taken the home—I got up off the form and went into the bedroom to take off my things, and when I came back I stood by the room door, and, saying nothing, he jumped up and struck me with a knife in the chin—I don't know where else he struck me then, for I was senseless—I saw something between his fingers—I could not say what it was—I did not see the knife—I think it was a knife, I saw a point sticking out—I got to the fireplace and fell down, and he knelt down and got sticking me at the bottom of my stomach—I came to my senses when I fell down—I saw the blood coming out of my frock, and I said "Oh, mother, he is cutting me up, he is stabbing me!"—that blood was from a stab in my chest—my mother then pulled him round, and I ran out—I was taken to the hospital, and remained there eight weeks and a few days.
Cross-examined. I have been married to the prisoner about five months—he does not hear or speak the same as other people—when speaking to him there are some words that he can't understand, and I have to make motions with my fingers—if I talk slowly to him, he can understand me—he watches the movement of my mouth.
—TRAPPETT (Policeman H 235). I took the prisoner into custody on 20th January, about 10.30—I told him the charge was for attempting to murder his wife—he said his wife had taken a knife to him, and she had cut a piece of skin off one of his knuckles; that he struggled with her, and took the knife away—at the station he said he had been to her mother's to ask his wife for his best shirt; that she went into the front room, and when she came out she had a knife in her hand, and he took it away from her and stabbed her—there was a bit of skin off the knuckle of his forefinger on the left hand—I should say it had been done by a graze, as if he had hit his fist against something—I searched him—there was no knife to be found—he was sober—I could understand him when he spoke.
Cross-examined. There was no one else present at the station when he said this—it was in the passage cells—he did not speak with difficulty—I
could understand every word he said, the same as an ordinary individual—he seemed to stammer like in some words, to have a difficulty in speaking.
JAMES CORBETT (Police Inspector H). I saw the prisoner at the hospital—he was taken there, as his wife was very bad, and a Magistrate was sent for to take her deposition—I afterwards took him back to the station, and the charge was taken and read over to him—he then said "She has been a bad wife to me, and was out all night with a soldier"—I spoke to him in the ordinary way, but endeavoured to express myself a little more plainly, as I understood he had an impediment in his speech, and also in his hearing—I was quite able to understand what he said, and he appeared quite to understand me.
LIONEL BEACH . I am house-surgeon at the London Hospital—the prosecutrix was brought there on 20th January—she was in a state of collapse, not insensible; her pulse very weak, and her face very livid—I immediately sent her up into the ward, and told the policeman to go for a Magistrate—I examined her—there was a wound, from which the intestines were protruding, and six other wounds, three on the left arm, one under the right breast, one on the chin, and one on the right buttock—they were made by some sharp-pointed instrument—the wound on the abdomen was about an inch long, right through into the belly—as far as I could judge, the bowels were not wounded—she remained in the hospital until 10th March.
Cross-examined. The wound on the chin was through the skin—it was not deep—the wound under the right breast caused some anxiety—the stabs did not go very deep—she had very great pain in the chest, and I could not exactly tell whether the wound had gone through or not—it might have gone against the bone and so stopped, and that might have caused pain—I could not say whether it was given with much violence or not.
The prisoner received a good character.
GUILTY on Second Count — Seven Years' Penal Servitude.
THIRD COURT.—Friday, April 12th, 1872.
Before Mr. Deputy Recorder.
359. JOHN BACON (17), CHARLES WILLIAMS (17), THOMAS HARPER (16), JAMES LOCKHARDT (18), and CHARLES TURNER (34) , Stealing one wooden case, forty-eight tea-pots, and other goods, of Hermann Meyers. Second Count, against Turner, for receiving.
PLEADED GUILTY .
MR. LANGFORD conducted the Prosecution; MR. HORACE BROWN defended Lockhardt, and MR. A. B. KELLEY defended Turner.
No evidence was offered against
BACON.— NOT GUILTY .
HERMANN MEYERS . I am a general dealer, at 6, Castle Street, Houndsditch—on 21st February, I employed Williams to take a case of plated goods to the London, Brighton, and South Coast Railway—he put it on a truck, and I saw him go away with it—I was to pay him when he returned with the railway receipt—he never returned, and I gave information to the police—these tea-pots and biscuit boxes (produced) are part of the goods—this is about one-tenth of the goods—they were plated goods wrapped in wrappers—in the case containing the goods, I enclosed a bottle of champagne as a present to the gentleman I was sending the goods to—I went to the police-station on Sunday the 25th, and saw all the prisoners, except Turner—I asked Williams what he had done with the case, he said he had
had it stolen before he got to the railway-station—I then asked them what they had done with the champagne—they all answered that they enjoyed it very much—Williams said he got drunk on it, or something to that effect—I don't remember what Harper and Lockhardt said, for I hardly knew the difference between the one and the other.
Cross-examined by MR. BROWN. Bacon told me that the champagne was fine stuff—the value of the things found is about 50s.
JOHN BACON (the prisoner). I am a bottler, and live in Bishopsgate Street—I was taken to the police-station on Saturday, 24th February, and kept there—I was engaged with Williams to take the case up to the station—Mr. Meyers engaged the three of us, Williams, me, and Harper—that was on the 21st—I helped to put the case in the truck, and we went away from Mr. Meyers with it—I left Williams in Bishopsgate Street—he said he was only going to get a shilling, and he was to pay sixpence for the truck, and he could not give us anything, so we left him—I don't know that there was any wine in the case—Mr. Meyers came to the station on Sunday the 25th—he did not say anything to me about a bottle of wine—Williams and the others were in a separate cell—I was in a cell by myself.
Cross-examined by MR. BROWN. Mr. Meyers asked me if I had any wine, and I told him I knew nothing about it—I only heard Williams say that he was partly drunk.
WILLIAM WRIGHT (City Detective). On Saturday evening, 24th February, Bacon came to the Bishopsgate police-station, and gave himself up—he was detained for Mr. Meyers' robbery—I took the other prisoners from his information—I went to a lodging in Turvill Street, Bethnal Green, and found Williams and Harper there in bed—I told Harper I should charge him with being concerned with Williams and Lockhardt in stealing a case containing plated goods from Mr. Meyers, in Houndsditch—they said "All right, sir, we expected you would be here before"—at the station, Harper and Williams said they had a share of the money, and Bacon had 10s.—Lockhardt was not there then—at first Williams said that he had the goods stolen, and he afterwards said that he had sold them for 50s.—he said he did not know the man to whom he had sold them—about 9 o'clock the next morning, from information I had received, I went to Dorset Street, Spitalfields, where Turner lives—Keniston and several other officers went too—I saw Turner—he keeps a chandler's shop—I told him we were police officers, and we should take him for receiving a quantity of cloth—I took him to the station—I left Keniston in charge, and afterwards I went back and searched the house, and found these goods and a number of others of the same kind, also identified by the prosecutor—I found a quantity of additional wrappers like those in which the goods were wrapped—I showed the goods to Turner, at the station, and asked him how he accounted for the possession of the goods and the wrappers—he said "I bought them"—I said "Of whom?"—he said "A man"—I said "Who is the man?"—he said "I don't know"—I asked him how much he gave for them, and he made no reply.
Cross-examined by MR. KELLEY. He offered no obstruction to our searching the house when we went in—there were eight of us—there was no attempt to conceal anything—he was in bed, and we surrounded the bed before he had the opportunity—I think Williams said that he did know the man he sold the goods to.
21st February, I was employed by Mr. Meyers, of Houndsditch, to take a case to the Willow Walk Station, Long Lane, Barbican—he told me that Harper and Bacon were there with me to help me to get in on the truck—they afterwards went away, in Bishopsgate Street—I took the case to Long Lane, Barbican—I asked about the Brighton and South Coast Railway, and they told me to take it to the Railway Station, in Falcon Street—I did not know where I was—I met a man I knew by sight, and he told me to sell it—he said "I would net be bothered with them"—I then met a strange man, and he said he would buy them—we opened the case and showed him some of the things—he put some in a bag and said he would give me 30s. for them—I sold him part of the things for 30s., and then he fetched another man out of White cross Street, and he bought the remainder and the case for 1l.—he took the Case and all away—that was the last I saw of it—I only knew the men by sight—I don't know Turner—I did not know him till he was charged at Guildhall with us—I drank part of a bottle of champagne which was in the case, and the man that was with me had part.
Cross-examined by MR. KELLEY. Turner is not the man I sold the goods to—I met Harper and Bacon after, and they went to the theatre with me.
JAMES CHARLES KENISTON (City Policeman 334). About 1 o'clock on Sunday morning, 24th February, I went with Wright to a lodging-house, in Turvill Street, Bethnal Green, and took Harper and Williams to the station—we passed Lockhardt; as we went out of the house he went in—Harper said that they had divided the money between them, and Bacon received 10s. of it—about 2.30 the same morning Lockhardt came to the station and said he wished to give himself up for being concerned with the other three prisoners—I asked him what three, and he said "Williams, Harper, and Bacon, for the robbery of Mr. Meyers' plate"—he was charged and detained—about 9 o'clock on Monday morning I went to Turner's house, which is about ten minutes' walk from where we took Williams and Harper—I went to the back of the house, and Wright and the other officers went up to Turner's room—I went down three steps and up a flight of stairs and I opened the door of a room and went in—I found all the goods with the exception of the wrappers—Wright afterwards asked him how he came in possession of them—he said he bought them of a man, he did not know who the man was, and when he was asked what he gave for them he made no reply—these wrappers were found in a cupboard in the shop.
Cross-examined by MR. BROWN. Lockhardt gave an address, which I found to be correct.
HERMANN MEYERS (re-called). I told Williams to go to the Brighton and South Coast Railway, and he said he knew where it was—I did not engage Harper and Bacon—I saw some boys standing round, but I could not recognise them—I had not known Williams before, but I thought he was one of the licensed carmen in Bishopsgate Street.
Prisoners' statements before the Magistrate. Harper says: "I had a shilling of the money; I did not know it was the proceeds of the robbery." Turner says "I bought it, that is all I know about it."
Harper's Defence. I am innocent.
Witnesses for Turner.
Lane—I know the prisoner—he is a tinker and plater—he deals in all kinds of goods, the same as I do—I was in Cutler Street, Houndsditch, on 21st February—a man came up and said "Will you buy some plated goods?"—I said "Let me look at them"—it was about 3.30 or 4 o'clock—I saw they were damaged goods—I said "I am no judge of them, there is a man of the name of Charles Turner, who is a tinker and plater; he is a better judge of them than I am; he might purchase them of you"—I told him where Turner lived, and he went away—the goods were in a coarse bag—I did not see any case.
Cross-examined. The man said he got them in the country in exchange for crockeryware—I knew Turner, a long while ago, at Aldershott—I go down to the barracks and buy soldiers' clothes and different things—that was three years and a half ago—I have never sent persons round to him before—I know him to be a hardworking man—I don't know where he was last September—I never heard—I was in Manchester myself then—I did not know that he was at Guildhall then—I have never been a witness before—my character is well known—I am well known by the police as being a hardworking industrious man—I am a general dealer, and deal in anything I can get a living out of—we stand in Houndsditch, and any one who comes with goods we ask if they have got anything to sell.
COURT. Q. Did you see the things the man had? A. Yes, those were the articles—they were bent and scratched—I did not see Turner—I sent the man round to him—two or three days afterwards his wife came to me and asked whether I sent the man round, and I said "Yes"—I know it was after Thanksgiving Day—I asked her what was the matter—and she told me her husband was in custody.
GEORGE, INGAM NOBLE . I am a pickle merchant, at 33, Christopher Street, Finsbury—I know Turner—I supply him with pickles, such as onions and mixed pickles—his missus transacts the business in the shop that I deal with, and I have been in the habit occasionally of buying a funnell or dripping-pan, or something of that kind—the prisoner is a dealing man—I have known his wife five or six years; but I have only known him six or seven months—he lives about ten minutes' walk from me.
Cross-examined. I am in a large way in the pickling business—the prisoner carries on his business next door to the chandler's shop, which his wife carries on—I don't know where he was last September.
LOCKHARDT— GUILTY — Twelve Months' Imprisonment
WILLIAMS**—GUILTY— Twelve Months' Imprisonment.
HARPER— NOT GUILTY .
TURNER— GUILTY — Two Years' Imprisonment, and to pay 20l. towards the expenses of the Prosecution.
MR. A. B. KELLEY conducted the Prosecution; MR. HORACE BROWN appeared for Haynes and Marvin, and MR. DOUGLAS for Homerton.
GEORGE ALEXANDER MCCROUCH . I am a tailor, of 78, Kingsland Road—on Saturday night, 2nd March, about 10 o'clock, I was coming along Kingsland Road, and turned into a urinal—I turned out of it towards the railway arch, and the prisoner Marvin said to me "George, would you oblige me
with a match?"—I said "I have not the pleasure of knowing you, but I will give you a match"—when I had done so he said "You will know me better now," and caught me by the throat and arm, and tried to throw me down—he whistled, and four men came up—Haynes and Homerton are two of them—they caught me by the legs and lifted me up—I thought they were going to throw me over the wall by the side of the canal—they kicked me and fumbled me all over, and tore my coat all to pieces—I turned over and said "I shall know every one of you "—they took my silver watch and two half-crowns and fourpence—my watch was fastened round my neck, and through a button-hole into my waistcoat pocket—they broke off a piece of the chain, and left the rest hanging round my neck, which was cut by the chain—I said "I shall know you again," and they turned me over, and all five kicked me in the ribs and between my legs, so that I was obliged to go to a doctor—they ran away towards the railway arch—I lay there, and the parties who passed did not assist me—ultimately a gentleman assisted me to get up, and I sat on the bridge till I got a little better, and another gentleman assisted me to the station-house, where I gave a description of the parties—Marvin then had a black moustache—I had seen Homerton before—I have no doubt that these are three of the men who robbed and assaulted me.
Cross-examined by MR. H. BROWN. It was 10 o'clock when I was knocked down—I said so before the Magistrate—they all kicked me before they ran away—Haynes did not kick me when I was knocked down at first, he only caught hold of my legs; but he kicked me just before he ran away—I was then down on the ground—I was lying close against the wall when other parties passed me—some of them were on the same side that I was, and some on the other—I am a Christian—there were two lamps six and nine yards off, and the moon was shining—I had never seen Marvin or Haynes before—I saw Marvin next when the policeman went into a public-house, and came back and said to me "Go into that public house, and see if there is any one you know," and I went in and picked Marvin out from fourteen or fifteen.
Cross-examined by MR. DOUGLAS. I have mentioned 10.30—that was the time they went away—they were half an hour before they would leave me alone—I have said that I was robbed between 10 o'clock and half-past—I was coming home from my work at Stoke Newington—I generally work till 11 or 12 o'clock on Saturday nights—I had not been into a public-house—I am not adapted to them—I never go into one to drink, unless my master says "George, will you come and have a glass?"—Marvin called me George—I have seen Homerton at a public-house when I have been to fetch my supper beer—I cannot say when—I have had no conversation or quarrel with him—I have never said that I would have him some day—he kicked me when ho had hold of my legs—I was on my back; my legs were towards the urinal, and my head towards the railway arch.
Re-examined. There is no ground for saying that I had had a difference with Homerton and promised to be revenged on him; I never spoke a word to him, or he to me—you will see by this letter which I have received that I am afraid to walk the streets.
COURT. Q. When did you pick out the prisoners? A. I picked out Haynes and Homerton on the Monday, one in the City Road and the other in Kingsland Road, meeting them in the street in separate places—I saw the two who are not here on the Thursday night, but they ran away when they saw me; they were down by the spot where I was robbed—two
men were in the urinal when I was there, who were having a bit of a quarrel; I think they were tipsy—I would not go out on their side because I did not want to pass them.
ROBERT SAFE (Policeman N 317). I took Haynes on the night of March 4th—McCrouch, who was with me, pointed him out, but not as Haynes—I told him the charge; he said "It could not be me, for I was at Upper Street, Islington, and left there at 7.30."
Cross-examined by MR. H. BROWN. I found out that that was quite correct.
Re-examined. He told me that he was at home at 10 o'clock.
JAMES WALSH (Policeman N 414). On the night of the 4th March McCrouch pointed out Homerton to me—I told him the charge; he did not deny it, but simply said to McCrouch "Be careful what you are saying."
Cross-examined by MR. DOUGLAS. He appeared very much surprised, and continued, all the way to the station, to say "Take care what you are saying; you know it is wrong."
JAMES GALL (Detective Officer N). On the night of the 6th the prosecutor pointed Marvin out at the Victoria public-house, Dalston—I called him outside from the tap-room and told him the charge—he said that he was as innocent as a new-born baby, and that he had been in that tap-room from between 2 and 3 o'clock till 12 o'clock at night, and had plenty of witnesses to prove it.
Cross-examined by MR. H. BROWN. He seemed very much surprised—the prosecutor and I went there searching for him—from eight to ten people were there, and the prosecutor pointed him out—I went with the prosecutor from his place in Hoxton—he looked into all the public-houses and I waited outside.
Re-examined. He had previously given me a description of the people who attacked him, which was telegraphed to every police-station in London.
Witnesses for Haynes.
SARAH COX . I am the wife of Henry Cox, a porter, of 6, Gladstone Buildings, Finsbury—I know Haynes; he is a rough-stuff cutter, and has been in constant employment four years last January—he lodges with us—on the evening of 2nd March he came in about 7.30, and remained in till Monday morning—he went to bed soon after 10 o'clock—he sleeps with my two little boys.
Cross-examined by MR. A. B. KELLEY. I am his sister—the 2nd March was Saturday—he is usually home at 8 or 9 o'clock; he is seldom out after 10—the rough-stuff cutting is not done at our house, but he comes home at 2 o'clock on Saturdays—he does not usually go out, but he went out that Saturday to be measured for a suit of clothes, and he did not go out again because he did not want to spend any money—some evenings he comes in at one hour and sometimes at another, but never later than 10 o'clock—he is sometimes uncertain; but if he is going out he generally tells me what time to expect him—he is generally in our own company—I know he came home at 7.30 on this night, because he had been out with my husband and two little boys to be measured for some clothes in Cross Street, Islington—we were in bed by 11 o'clock, and I am sure he was in bed soon after 10 o'clock, and his candle was out by 10.40—he had not been out that evening—I was out that evening, but only from three to five minutes—I know that he was out of the house, because he was sitting by the fire with his boots off and a paper in his hand, and when I returned he was there
still, conversing with my husband about Sir R. Tichborne—I went put about 9.40, but I was in again at a little to 10 o'clock—I went out without any bonnet, to fetch some potatoes.
COURT. How old are your children with Whom he slept? A. One was twelve last July, and the other, who is here, will be eleven next September—I was asked these questions before the Magistrate about my going out for five minutes, and I said so then, and told the same story about the boots.
HENRY COX . I am a coal dealer, and also work for a butcher—on Saturday afternoon, 2nd March, I went with my two children and the prisoner Haynes to a tailor to be measured—we started from Gladstone Buildings at about 4.30—we had to wait till 6.30 before we saw the tailor—we got home at 8.30, and found my wife at home and my eldest boy and Robert Haynes, who was sitting by the fire with his boots off—I went out at 8.40 and returned at 9 o'clock, and found Haynes still there—our supper lasted about a half or three-quarters of an hour—I saw my wife go out for a short time—I was asked that question at Worship Street, I could not recollect; but after I stepped out of the box I recollected her going out without a bonnet—Haynes did not leave the room till we went to bed—he went to bed as near 10.30 as possible—I fetched the candle out of his room at 10.40—I do not know whether he was asleep—my little boy was in bed with him—my dock struck 11 o'clock, and it was twenty minutes fast—when I went in I said "Halloa! what, got your boots off?"—he said "Yes; they pinch my feet"
Cross-examined. It was not rather remarkable to find him with his boots off at that early hour, but I said that as much as to say "Not going out any more to-night?"—I did not go to the tailor's to be measured, only my two children and Haynes—I was with them—Haynes went back first, and me and my youngest boy went by the meat market—I found Haynes at home when we got home at 8.30—Haynes did not feel inclined to stop while the children were measured; he saw one child measured and then said "I am going home "—I said "I shall find you at home"—the tailor's is about two miles from our place—he left the tailor's about 7 o'clock—it was about 7.20 when I was by the Angel at Islington—I did not get home till 8.30, because I went by way of the Meat Market, and bought some meat—the market closed while I was there, and it closes at 8.0—if Haynes goes to bed I go and fetch his candle out, but if the children go to bed my wife does it—it was rather early to go to bed—he never left the house till 11 or 12 o'clock on Sunday morning.
ARTHUR JAMES COX . Mr. Haynes is my uncle—I remember going to be measured for some new clothes—these are them—I do not have new clothes very often—my uncle also went—we had supper together that night, and both went to bed at the same time—I undressed first—I saw him undress and get into bed—I did not go to sleep directly—we did not talk many minutes—I saw no more of him till, next morning when I awoke.
Cross-examined. I walked home from the tailor's with my father—Haynes was sitting by the fire with his boots off when we went home, and my father said "Holloa, you have got your boots off"—my uncle said "Yes, they pinch my feet"—we went to bed between 10 and 11 o'clock—I remember my father coming in for the candle—I was not asleep, but my uncle was—we all walked home from the tailor's together, and my uncle came home by himself.
MR. H. BROWN to ROBERT SAFE. Q. Did Mrs. Cox give you the tailor's name to make enquiries there? A. Yes.
Witness for Marvin.
THOMAS BROWN . I am an ostler, of 8, Laurel Street—I was examined at the Police Court—I get my living at the Victoria, Queen's Road, watering and minding gentlemen's carriages and traps—Marvin was there all the afternoon and evening of Saturday, 2nd March—I kept going in and out, and saw him up to a little after 10 o'clock—I did not get any drink to harm me till past 11 o'clock—I was in the private bar from 10.30, and did not see him again until the house closed, and then he went home with me.
Cross-examined. I am waterman at the cab rank—I did not commence getting drunk till 11 o'clock—Marvin did not lead me home, nor did I lead him—he said "Tom, I am going your way," and walked with me—I said that he took me home, but he did not touch my arm—I had only drunk what done a man good—I have known him some time—he did not take me home in May last—I never want taking home—I saw him there in May—he is always there.
COURT. Q. Do you know the urinal at the railway arch? A. I know the urinal through the bridge—that is as nigh a mile from the Victoria as possible—I can judge a mile pretty well—I have been driving London streets for fifty years.
Witnesses for Homerton.
EDWARD MCGRATH . I am a carver, and live at 71, Howe Street, Kingsland Road—I remember Saturday, 2nd March—I was acting as chairman in the concert-room at the Cherry Tree, in the Kingsland Road—I have been engaged there for the last fifteen months—I know Homerton—I saw him there that night—I was in the chair at 9 o'clock—he came in about 9.30, and never left till 11.30—he was sitting at the right-hand side of me—he was not out of the Cherry Tree during all that time that I could notice—he was not out of the room, or I should have missed him—he was at the same table, and at my right hand—he left when I closed the room at 11.30—I have seen the prosecutor in this case and Homerton together in the Cherry Tree tap-room—I heard the prosecutor ask the witness Barter one day how Homerton got his living, but that was weeks and weeks before he said he had lost anything—I heard that there was a difference between the prosecutor and Homerton—I did not hear it pass between them—I gave my evidence at the Police Court on the Tuesday after the remand—I did not attend on the first occasion because I was engaged.
Cross-examined. Homerton was taken into custody out of the tap-room—there are a good many persons who attend at the concert—the room is pretty crowded—I have to keep the room quiet, and announce the singers—it would be impossible for Homerton to leave the room without I noticed it, because he was sitting at the corner—he left when I announced "No more to-night"—they all left—I saw him leave the room at 11.30 with the other people—he sat on my right hand—the table will accommodate four or five on each side—he has sat there before—he was in the habit of attending on Mondays and Saturdays—he does not always sit in the same place; it is not always he could get the same seat—I have not heard the prosecutor utter any threat to Homerton in his presence, but some time before he lost his watch, I think seven or eight weeks, we were going to work, and he stopped me and another young chap and spoke of Homerton, and he said if he could not beat him by fighting, he would have him some other
way—I know where the robbery took place—I have walked the distance from the Cherry Tree, and it takes ten minutes to go there and ten minutes to come back—I told Homerton that the man had threatened him in that way, chaffing him about it—I spoke of it to him, and was telling him what I thought the prosecutor would do with him—I thought it was a chaffing matter, not knowing it was coming out here.
Re-examined. The prosecutor had been to the Cherry Tree, and has played at bagatelle with me—he never said rightly what the ground of his complaint was, but it was because Homerton used to chaff him in the street, tease him—I believe Homerton is a licensed costermonger—I have never known anything against his character.
HENRY BURKE . I am potman and waiter at the Cherry Tree in the Kingsland Road—I serve persons who come to the concert-room—I know Homerton; he is a hawker, I believe, and, as far as I know, an honest hard-working man—I have seen him at the Cherry Tree since I have been there—I had been there three weeks at that time—on Saturday, 2nd March, he was in the tap-room all the early part of the evening, till 9.30, and then he went up in the concert-room and remained till 11.30, when we closed—I served him with a pint of 6d. ale while he was there, and the man that went up with him had a pint—he was in the bar when I turned the people out, just before 12—I did not see him go out before that—I don't think he could have gone out and been out half-an-hour without my knowing it, nor even twenty minutes—he had a seat close to the chairman, and he sat there till the meeting broke up—had he gone out somebody else would have taken his place.
Cross-examined. I only serve the customers in the concert-room—I am up and down all the evening, and am not out of the room more than two minutes—I have no reason for remembering particularly Saturday night, 2nd March—he uses the tap-room of the Cherry Tree every night, and the concert-room on Mondays and Saturdays—he sat at the same place on the previous Monday night—he always sits close against the chairman—I could name two or three who use the house, and they know the chairman, and they all sit round the same table.
JOHN MURRAY . I am a costermonger, and live at 4, Crooked Billet Yard—I know Homerton—he is a licensed costermonger—on Saturday evening, 2nd March, I was at the Cherry Tree—I heard on the Tuesday that Homerton had been charged with the robbery, and it was the Saturday before that I saw him in the concert-room at the Cherry Tree—I was sitting close to him and speaking to him—he was sitting near the chairman—he did not go out, and he could not have gone out without my knowing it—I left the house at 12 o'clock—I first saw him there at 9 o'clock—he did not go out between 9 and 12 o'clock for half-an-hour, or yet for five minutes.
Cross-examined. I have known him four or five years—I sat at the chairman's table with him—it was about 11.40 when he announced the room was to close, and we came out of the room.
WILLIAM HARRIS . I live at 11, Queen's Road, and am a collar-maker—I was at the Cherry Tree on Saturday, 2nd March—I know Homerton by playing at bagatelle with him, but I had not been in the room above four times—I went to the Cherry Tree about 8.50, and remained till the house shut up, at 11.30 or 11.40—Homerton was there the whole time, and we all left together—he was sitting by the side of me the whole of the evening, and did not go out.
Cross-examined. I sat at the side of the chairman's table.
EDWARD BARTER . I live at 32, Union Street, and am a cellarman in the employ of Mr. Potter, at Islington—I was at the Cherry Tree on Saturday night, 2nd March—I know Homerton, and saw him there that night—I was playing him at bagatelle at 8 o'clock—after that I saw him in the concert-room—we went up there after we had played at bagatelle—I saw him in the concert-room till between 10 and 11 o'clock, when I left.
Cross-examined. I know the prosecutor—I asked him if he would receive the money if sufficient was got for his loss, and stop the prosecution—he replied "No"—two detectives came up, and he gave me into custody.
Re-examined. I did not offer him the money, I said if the money was gathered up sufficient for him would he take it, that was on the Tuesday night, outside the Cherry Tree—he was outside, and he beckoned to me—I went up to him, and he asked me to have something to drink—he had not got the money, and he asked the landlord to trust him for a pint of beer, and then I asked him if he would receive the money—I had not been told to ask him that—Homerton had not told me to do so—it was my own idea—the prosecutor did not say why he gave me into custody—he said "What you have got to say, say over the way," that was the police station—two detectives came and took me—we went to the station, and the police asked me if I would swear to pay the money, and I said "No"—the prosecutor wanted to know if I would sign my name to pay the amount, and I said "No"—I asked if I could go, and they let me go from the station—that was all that took place.
MR. KELLEY. Q. Did you refuse to give your name and address? A. No; I went to the prosecutor's house at 2 o'clock in the morning—he called to me out of the window, and said "I will see you in the morning, at 9 o'clock."
ROBERT SAGE (re-examined). I was at the station when the last witness was there—he asked the prosecutor if he would take money to settle the affair, and the prosecutor said "No"—the fitness was not given into custody.
JAMES GALL . I knew Marvin before—he had a black moustache—the prosecutor came limping to the station, his jacket was torn and his chain was broken—he had no watch—he said he had been robbed—I did not see any dirt on him—he said he was so much hurt he could not get to the station before.
HAYNES received an excellent character— NOT GUILTY .
HOMERTON— NOT GUILTY .
MARVIN— GUILTY .
PLEADED GUILTY to having been before convicted, in May, 1871, at Worship Street— Eighteen Months' Imprisonment.
FOURTH COURT.—Thursday, April 11th, and Friday, April 12th, 1872.
Before Robert Malcolm Kerr, Esq.
361. MORITZ HEYMANN (37), was indicted for unlawfully conspiring, with Henry Tueski, Jacob Tueski, and— Seckell, to remove, conceal, and dispose of part of his property, with intent to defraud his creditors. Other Counts, varying the mode of charge.
MR. SERJEANT PARRY and MR. STRAIGHT conducted the Prosecution; and MR. BESLEY the Defence.
in bankruptcy by Mr. Overman against the prisoner, filed on the 17th February, 1872—the date of the adjudication is the 6th March, 1872—a receiver was appointed on the 21st February, and the trustee on the 22nd March.
Cross-examined. I do not produce a petition for liquidation by Mr. Hey-mann on the 2nd February, and I do not know whether there was one—these are the bankruptcy proceedings—there are two sets of proceedings, one for liquidation and one for bankruptcy—the act of bankruptcy was the filing of a petition for liquidation on the 2nd February—the first meeting of creditors under the petition for liquidation was upon the 19th February, and the petitioning creditor petitioned for bankruptcy on the 17th—I do not know that the defendant was given into custody at the first meeting of creditors—there have been no accounts filed—I am not aware that he was under remand before Sir Thomas Gabriel when he was made a bankrupt.
CONRAD KUHN . I reside at Zurich, and am a merchant, carrying on a provision store—I remember the defendant coming to Zurich about three years ago—he first carried on business hi the Rennwieg—he had an office, and some kind of store opening into it—I saw Henry Tueski there at the same time—I did not see him in the office, but I saw him once or twice going in and out there—the prisoner carried on a kind of commission business—he afterwards removed to the Bahnhoff Strasse, where he carried on the same kind of business—Tueski was with him there—the name of the firm was Heymann and Tueski—they were there during 1869, 1870, and 1871—Heymann lived with his wife and his mother-in-law at Safelt Strasse—Henry Tueski was living in Hottinghen—I remember them leaving Zurich quite well—it was on the Sunday before Christmas—down to that time the office in Bahnhoff Strasse had been open, and business apparently going on—the office was open on the Saturday—I know that they left on the Sunday, from the police—I did not go there on the Monday; I did on the Tuesday morning—I think I had last seen the office open on the Friday—on the Tuesday I found it shut—the defendant owed me 525 francs—he did not pay me before be left—he still owes it me—I attended a meeting at Zurich, at which a number of persons attended who represented themselves to be creditors—there was no stock at all upon the premises on the Tuesday—I went into and examined the premises with the public prosecutor of Zurich—there was nothing in them except some furniture, which was afterwards sold—I was present when it was sold—it realised about 2,000 francs—a portion of it was claimed by a maid-servant; and there were 600 francs for rent—I saw these books there on the Tuesday (four books were produced)—they are in the same state now as they were at Zurich—the public prosecutor took them in my presence—I put myself in communication with Messrs. Von Spyer & Co., the railway expedition people at Zurich—I obtained from them, and brought over to England, these letters (produced)—they are all signed by the defendant.
Cross-examined. I have never seen Mr. Heymann write—the signature corresponds with some papers left behind in the office—that is the only reason I have for saying it is his writing—I believe it to be his writing—I have noticed his writing—they are not all written by the same person—those dated the 13th July, the 21st July, 11th and 28th August, the 1st, 23rd, and 26th September, the 5th and 10th October, and the 11th November are—the signature is the same as that upon the papers which I have received from him, and, to the best of my belief, that is the defendant's writing—I have only received two letters from him—that was about
a year ago—I have carried in my memory his handwriting from that time—I believe I can swear it is the same writing—I would not positively swear it; it is almost my conviction—I saw these letters first at Bale on the 22nd March—I did not say before Sir Thomas Gabriel that I did not see the books at the office of Mr. Heymann—it is not a fact that I first saw the books in the possession of the public prosecutor at the public prosecutor's place of business—I saw them first in the office, and the public prosecutor took possession of them at once, and the same evening we had the first meeting, and I was appointed to come over to England with some gentlemen—I did not decline to come over until I had had 50l.—nobody gave me a guarantee for anything at all—it was agreed that the expenses of the two gentlemen who had to come over as witnesses should be paid—that was not carried out—we had to wait for a despatch—I supplied the defendant with greengrocery—I was paid by him up to the last two months of his being there—I never asked him for the balance—my claim for 500 francs was against Heymann and Tueski—Heymann owed about 225 francs—when I left Zurich, Tueski's furniture had not been sold—there were about six or seven rooms, and some were very well furnished—Heymann had about seven rooms furnished—I have been to his house—it was well furnished, but not quite so well as Tueski's—I had never been inside Heymann's house until I went on the Tuesday, and the goods were sold by auction about fourteen days after—I was present—I know nothing about any goods being stopped in transitu.
Re-examined. The furniture was sold for 1500 francs, and the rent and costs had to be deducted from that—of the two lots of furniture that were sold, after deducting the claims, there were about 1000 francs left for the creditors—I sincerely believe those letters to be in Heymann's writing—I have not been paid anything for my expenses or loss of time yet—the creditors over there told me they would pay my expenses—this is a book containing the names of persons who owe money—the leaves upon which there was writing are torn out—all these books appear to have been mutilated.
CHARLES ALBERT . I have made a translation 6f these letters—I have compared this copy, and that is correct. (The letters of the 13th and 21st July, 11th August, 1st, 23rd, and 26th September, 5th and 10th October, and 11th and 13th November, were read. They were addressed by Heymann & Co. to Messrs. Von Spyer & Co., directing them to forward goods, in six instances, to Wilson & Becker, of 96, Leadenhall Street.)
Cross-examined. Switzerland is a manufacturing place for curtains and embroidered goods—I was present at the last hearing at the Police Court—I heard an application that all letters addressed to Mr. Overman should be translated—I have translated several, but I do not know how many—I have not translated fifty-four, but about twelve, and a lot of telegrams.
SAMUEL BARROW . I am the trustee appointed under the bankruptcy—these books have all been initialled by the Registrar in Bankruptcy—this book is called the "haupt buch." (MR. ALBERT. That is the "chief book," or ledger.) At the commencement of that book there is an index—I do not find any entry of customers of the name of Wilson and Becker—I find the name of Hertz & Co., of Nottingham. (MR. KUHN stated that the leaves were not exactly in that book, but they were along with the books and papers.) There is no such firm here as Becker & Wilson—there is Overman and Schon, of Manchester—there is no entry of Nevill—Helias & Co., of Bradford, are here; also Stewart & Macdonald—in each of those instances I
find a page put to the name, and when I turn to the body of the book, those pages that would correspond with those numbers have gone—I do not find Mr. Braunschweig's name—Von Spyer & Co. are in the index, and "Page 77" is put to them—that page is not in the book—not a shilling's worth of property has been delivered up by the bankrupt, and I have not been able to obtain any of any sort or kind.
Cross-examined. He was in custody days before he was made bankrupt—I attended the meeting at Mr. Dubois's room—I believe I was present when Mr. Overman was represented by Mr. Marsden, the solicitor—I do not remember the date—I remember a policeman being called in and Mr. Dubois remonstrating, and the policeman withdrawing—I think that was after Mr. Heymann had been asked a great number of questions by Mr. Ditton, the solicitor for the prosecution—it was also after Mr. Marsden had put questions to him—Mr. Dubois complained of his office being invaded by a policeman—I do not know that I was actually present when Mr. Overman was persuaded to give the prisoner into custody—I remained in the room during the time of the meeting—I do not know that Mr. Overman objected at first to take such a step—I was asked to undertake the trusteeship of the bankruptcy by the creditors—Mr. Ditton made the communication to me—he had taken me there—I cannot say that I saw an indemnity signed by four creditors—I have been told such a paper was signed—I do not know whether the policeman was called in a second time—I must tell you I took very little interest in the proceedings afterwards, because when I saw what direction it was likely to take, I asked to be relieved—I saw a policeman there, and I did not care about being mixed up with it.
ALBERT STRECKEISEN . I am Consul-General of England for Switzerland—my offices are at 7, Great Winchester Street—I produce two bills of exchange—they have been protested—they were taken up by my firm to the honour of the endorser—we were instructed by the endorser to take them up—they purport to be drawn by Heymann & Co., of Zurich, upon Messrs. Wilson & Becker, of Leadenhall Street—one is for 59l. 14s., drawn 5th October, and due 8th January, and the other for 274l. 5s., drawn 6th September, and due 9th January—the endorser is Mr. Pestolottzi—we were afterwards instructed to sue.
Cross-examined. I am Consul, and at the same time I am a member of the firm of Streckeisen, Bischoff & Co., merchants—we are agents for Mr. Pestolottzi—in the course of our connection with him we have had a great many bills for collection—I have no idea how many we have had for the last three years—we might have had some upon Wilson & Becker before, but the name never struck me—if I had my books here I could tell—I certainly have not presented one-hundred bills to them—I instructed Mr. Ditton to sue—I had the prisoner arrested—I attended the meeting of creditors, on the 19th February—Heymann was arrested two or three days before—I sued Heymann as the drawer—Mr. Pestolottzi is a banker—in this case I do not think Pestolottzi received the bills in payment of goods, but he gave the money—I was one who signed the indemnity—it would take a week or a fortnight for goods sent from Zurich to arrive in London.
Re-examined. After he was arrested he confessed the debt, and allowed judgment to go against him for these two bills—after hearing Heymann examined at the meeting of creditors, it was resolved by the principal creditors to prosecute him for fraud—I know there was a guarantee, but I cannot say whether it had reference to the expenses.
FLORENTINE THEODOR OVERMAN . I am a member of the firm of Overman & Sohon, merchants—I had not known the prisoner until I saw him in London, but I had dealt with the firm of Heymann & Co. of Zurich, for eighteen months—during the last four months of last year, I had supplied them goods on credit to the amount of from 1000l. to 1500l., which I have never been paid for—the exact amount the prisoner's firm was indebted to us at the time of the bankruptcy, was 1657l. 8s. 8d.—I received this letter from Heymann & Co., dated the 16th November; it is in German; I will translate it: "In respectfully replying to your favour of the 13th instant, we think we ought to make an observation to you, that the information respecting us, which you had the kindness to give to Messrs. Stewart & Macdonald, is rather insufficient, and therefore we are not astonished that the firm has hesitated to execute our order. Our working capital is beyond the sum of 150,000 francs, our own money, which Messrs. Delias & Co., to whom our position is pretty well known, might confirm. Mr. Thomas Delias has only recently called upon us, and these gentlemen must also state to you the fact that in Switzerland one must give six, nine, and twelve months' credit, so as to be able to compete with other houses"—that letter is in the same writing as nearly all the letters we received from Heymann & Co. (The letter referred to was also read.) There was a remittance for 231l. for goods supplied before the four months, and is not to be deducted off my account—I believed that statement that he had a working capital of 150,000 francs—on the 30th November we supplied him with goods to the amount of 102l. 0s. 8d. and on the 29th December, 90l. 6s. 5d.—the last invoice we stopped the goods in transitu, and he is not accountable for them—I was in the chair at the meeting of creditors, and I eventually concurred in the prosecution of the prisoner.
Cross-examined. This account does not show the whole of our transactions with Heymann—the amount from the 12th September is 730l. 17s. 9d.—we had received some of the orders for these goods a long time before—about the 2nd November we received the last order, with instructions to forward the goods at once, and I think they were shipped on the 3rd—the amount was about 100l.—I do not think I had seen the letter of the 16th November, from the time I received it until the beginning of this year, when I looked up all the letters—Mr. Marsden was my solicitor—he went with me to the first meeting along with Mr. Ditton—I did not personally superintend the dispatching of any of these goods—sometimes I see the goods, and sometimes I do not—certainly I saw some of these goods, but I cannot say which—we do not manufacture, we have got a warehouse and employ servants—these are the letters I produced before Sir Thomas Gabriel as received from Heymann & Co.—I did not count them—the first letter is dated the 21st October, 1869.
Re-examined. These goods have been sent in the regular course of business from our place—I cannot say that I actually saw them packed up and despatched—I directed them to be done, and I have had no complaint of their not being done—I appear as a creditor for the amount of our debt on the bankruptcy proceedings.
JOHN HARRIS . I am a master carman, and have carried on business about seven years—my waggons stand in Bishopsgate Street for hire—I have known Heymann about five years—I first knew him in White Hart Court, Bishopsgate Street—I know a Mr. Seckell—the prisoner was acquainted with him—that was four or five years ago—they carried on business,
together with others, as Welbon & Co., the "others" were his brother and Jacob Tueski—they might have carried on business about two years—that was at London Bridge; and in Great St. Helen's; they carried on business as Tueski & Co.—at the time they traded as Welbon & Co. the prisoner called himself Welbon—I understood him to be George Welbon—there was a firm of Glasson & Co. in Water Lane—I am not aware the prisoner was connected with that—the members of that firm were Seckell and Jacob Tueski—I know a firm called Wilson & Becker, of 96, Leadenhall Street—that consisted of Seckell and Jacob Tueski—I dare say they carried on business for about nine months before the bankruptcy—I remember Jacob Tueski calling upon me on the 2nd January, about 10 o'clock a.m.—he directed me to bring a van with a strong man to Upper Thames Street—I went there at 2 o'clock, and Jacob Tueski came there at 2.45—they are offices—I saw a quantity of bales and cases there—perhaps ten or twelve—we took a bale and a case out of the office, by Tueski's instructions, and put them in the van—it might weigh four or five cwt., or more—we were directed to take them to 12, Woburn Place, where we saw Heymann along with Henry Tueski—Jacob Tueski went with us from Thames Street to Woburn Place—Heymann saw the van—I do not know that he saw the bale of goods in it—we received ten or twelve packages from Woburn Place—Heymann saw those packages put in—he spoke in a foreign language, and I could not understand him—Heymann and Henry Tueski directed Jacob Tueski where to take them to—Henry Tueski told me he should want me the next day about the same time, and Jacob would call upon me—Heymann was there at the time—we were all together, and he might have heard it—when Jacob Tueski came to me at 10 o'clock he said would I have a van in Thames Street about 2 o'clock?—I said I would—He said "You must bring a van without any name on it, with another man to help you—there are some things very heavy, and you cannot do it by yourself"—he gave me the directions at Upper Thames Street, and he and Heymann gave me directions at Woburn Place—the boxes I took from there seemed travelling boxes—there were some small and some large, and some very heavy—we went from Woburn Place to the Brecknock Arms—at Woburn Place I noticed we were being watched—I told Jacob Tueski so on our way to the Brecknock Arms—we had seen a man take a cab and follow us—he said he did not know what to do, and he asked my opinion what to do—I told him he had better take me into the Brecknock and give me something to drink, and go out of the side-door and see whether they would have the things in—by "they" I mean Heymann and Henry Tueski—he would not tell me where they were going to—he went into the Brecknock, and out at the side-door, and up the Brecknock Road—in about twenty minutes he returned, and said I must take them on to Jewin Street, as "they" would not have them in—we went to Jewin Street, being still followed—Jacob Tueski then said "We must go to Tottenham"—I said my horse was "licked" and I could not do it; he said "You must do it; have something to drink, and I will pay you well for it"—we went into a public-house, and afterwards drove on to the Green Lanes, Tottenham, and went to 17, Albert Villa, Brownswood Park—we pulled round to the first door in the King's Road, and Jacob Tueski said "Wait there; I will go and make all preparations for the goods to be taken in"—we took them through the passage and put them into a side-room on the left, like a parlour—I have taken a quantity of goods from the Custom House Quay for Seckell and Tueski within two or three months of the bankruptcy
—those goods I took to Wilson & Becker's; of Leadenhall Street, by the direction of Seckell and Tueski—I have done that sometimes once a week, and sometimes two or three times a week—they were the same sort of cases as I took in my van—I am sure they all came from the Continent—I have also taken goods from Wilson & Becker's to Lebeau's, in Billiter Square, and to Atkins', to Southgate's, in Bloomfield Street, and Rotherham's, in Shoreditch—I have unpacked some of the cases—they were shawls, curtains, and other things—on the 8th March I saw Seckell at my place—he asked me if I had been subpœnaed; I said I had, and I did not know what I should state—he asked me where it was adjourned to, and I told him—I met him the next morning at 10 o'clock—he told me that if I said that Jacob Tueski had come and engaged me, the same as he had done many times before, and paid me in the ordinary way, and that I knew nothing more about it, he would give me half-a-guinea, and more the next time we came up for hearing—he also said it was impossible for them to know anything about the things coming from Thames Street—I told him Farley had stated he watched us from Thames Street—he said it was impossible; they could not know anything about Thames Street—he told me I was to say nothing at all about Thames Street.
COURT. Q. Did he give you half-a-guinea? A. Yes, and he told me he would give me more if I stated what he had told me, that I did not know where the goods went to, and they would always continue to give me their work—he told me it was no good going to the office in Leadenhall Street, as that was shut up—on the 12th March I went to the premises in Thames Street with Mr. Overman—there was a padlock on the door, and a written ejectment—I went to Leadenhall Street, and found it closed.
Cross-examined. I have carriages and horses of my own—I had five or six at this time, and men working under me—two years ago I had stables in the Curtain Road—I was living then in Cumberland Street, in one room—I went from there to Dunning's Alley, and from there I went to Halfmoon Street—I have a little greengrocer's shop there—I sometimes am on stand in Bishopsgate Street—Rotherham's is a large draper's—I have delivered goods there for Becker & Wilson, and to other houses as well—it was about 3.45 when we got to Woburn Place—over three years had elapsed since I had seen Mr. Heymann—it was net twilight—I swear I saw Heymann there—I was in his company half an hour—I have not been to Woburn Place since—I was subpœnaed—Farley had got my address—I spoke to him at the Brecknock, and gave him my address—I told him I thought he was watching us, and he said he was a constable—I said "Any information respecting this I will give you"—I was frightened—I thought it was a robbery—no one was present—I think Farley came down to me about the 5th January, and he came after I was subpœnaed—I first saw Mr. Ditton when I went up to the Court—I made an affidavit to him—it was the commencement of last month I went to Thames Street with Mr. Overman—I believe I was examined before Sir Thomas Gabriel after I had been down with Mr. Overman—I have been in prison for about four months—only once—that was not my fault—it was on the same sort of job as I am on now.
Re-examined. I had to move some boxes, which were represented to me as belonging to sailors; instead of that it was smuggled tobacco—they did not give me the right address where I was to take them to, and I took them to my own place—I was going to give information when I was watched—
I Was fined 100l., and as I could not pay they sentenced me to six months—I appealed to the Custom House, and they let me off with four months—this is not the first swindling job I have done for these people—I have taken things to the pawnbroker's for Wilson & Becker—I cannot say I have done so more than once—that was to Attenborough's, in Greek Street.
GEORGE CHEETHAM . I am in the employ of Mr. Harris—I remember going on the 2nd January to Upper Thames Street—Mr. Jacob Tueski met us there—he had the key of the place, and opened it in my presence—we pot a bale of goods and a case into the van—there were several other bales there—we went to Woburn Place—I saw the prisoners there—we took some boxes from there—some were tin and some covered with leather—we took ten or eleven—we then went to the Brecknock Arms, from there to Jewin Street, and then to 17, Albert Villas, where we unloaded the van.
Cross-examined. I was out of work on the 2nd January—I only work for Mr. Harris now and then—I had not worked for him before—I knew him—I had not seen the prisoner before—I think we Were at Woburn Place between 4 and 5 o'clock—I did not speak to the prisoner at all—there were two other gentlemen—the prisoner was in my presence only about two moments—I did not see any one at the Brecknock Arms—I never parted with Harris there—I am not aware that any one spoke to him there—I was about twenty yards from the public-house—Harris went In to get a glass of ale—I first knew I would have to be a witness last Monday—I had not spoken to any one about the matter, nor had I seen Farley.
ISAAC CORNWELL . I am in the employ of Mr. Pierman, a carman—about the commencement of January I was engaged to go to 12, Woburn Place—I got five packages there—I took them to Albert Terrace, Brownswood Park, and left them.
Cross-examined. I did not see the prisoner at all—I did not notice what the packages were.
WILLIAM STACEY . I am a cab driver, badge No. 152—between 6 and 7 o'clock, p.m., on the 3rd January, I was on the rank, at the Brecknock Arms—some one engaged my cab, and from their instructions I drove to 17, Albert Terrace, Brownswood Park—I went to the side door and helped to bring out three boxes—they were rather heavy—I took those boxes and four people to 47, Hildrop Road.
Cross-examined. I did not go any further than Hildrop Road—they were travelling boxes.
ISAAC FARLEY (City Detective). I received instructions to watch 12, Woburn Place—I was there on the 2nd January—I saw Jacob Tueski and Hermann there, and the things put in the van—I followed it to the Brecknock, from there to Jewin Street, and from there in the direction of the Green Lanes, where I lost sight of them—on the Thursday I saw the boy Cheetham, and a cart at Woburn Place—I followed that cart to Albert Terrace—one of the Tueskis went with it—I also saw what took place when Stacey, the cabman, went there—I went in company with Mr. Robinson, the receiver, to 47, Hildrop Road—I saw Heymann there, and Mrs. Tueski, his mother-in-law—Mr. Robinson asked to be allowed to see the boxes—I went there to see if I could identify the boxes I saw removed in the van—the defendant said "You shall not see them, and if you attempt to put a foot on the stairs I will kick you down"—he looked us in and sent for the police, and gave us into custody—Mr. Robinson showed his appointment as receiver, and the police refused to take him—I showed him my warrant
card that I was a constable, and he refused to take me—I have been entrusted in company with Sergeant Webb, with a warrant for the apprehension of Jacob Tueski, Henry Tueski, and Seckell—I have not been able to find either of them.
Cross-examined. I went to Hildrop Road, with Mr. Robinson, on the 1st March—I had been there before with Mr. Withers, Mr. Ditton's clerk—I did not know Mr. Robinson had been there before that—I have been told since that he had—I was not the policeman called into Mr. Dubois' chambers—I was engaged in the case on the 2nd January—I received my instructions from Sergeant Brett—I think I have sworn two affidavits in this matter—I have received no money.
JOSEPH ROBERT ROBINSON . On the 21st February, I was appointed receiver under this bankruptcy—in the exercise of my powers I went to 47, Hildrop Road—I also placed a man in possession of the furniture—I went myself, and a clerk, for the purpose of making a formal demand for the delivery up of any goods or property belonging to the bankrupt—upon that occasion the defendant allowed me to go all over the house and see the things—I heard something about the mother-in-law claiming the furniture as her property—he did not deliver up to me any property of any sort or kind for the benefit of the creditors; he told me he had got nothing—on another occasion Farley went with me for the purpose of identifying the boxes—I told Heymann I wanted Farley to see the boxes, he refused, and said if I attempted to go up stairs he would kick me down.
Cross-examined. He said, on a subsequent occasion, he had been advised not to allow the police to see the boxes—on his way to Holloway Gaol, he told me, in a cab, he had been advised to do what he had done—before Farley went there, I had every facility given me; I could not complain of anything—I saw the boxes—they appeared to be travelling boxes—I saw the large case—I fancy it is a case the whole contents of which you can see by letting the side down—it would be a very good thing for a sample box—I have heard there was an interpleader as to the furniture.
JOHN BENJAMIN NEVILL . I am a lace manufacturer, at Nottingham—I manufacture curtains, and also the materiel for exportation for Swiss curtains—I remember about twelve months ago a firm starting in Nottingham, of the name of Hertz & Co.—they were commission agents—I produce this letter, signed "Heymann & Co."—Hertz & Co. endeavoured to open an account with me. (MR. KUHN was re-called, and stated he believed this letter was in Heymann's writing.) We applied to Valiant, of Nottingham, and he sent us this letter, and said that was the letter he received from Messrs. Heymann—we copied it into our reference-book, and thought it sufficiently satisfactory to open an account—before we had seen that letter we had supplied no goods, but after that letter, we supplied goods to the amount of 380l.—those goods were supplied from June 20th to July 28th, 1871. (MR. BESLEY objected that this was going beyond the time mentioned, and THE COURT was of that opinion). I supplied these people with materiel, which is almost exclusively sent to the Swiss market, to be made into curtains or anything of that sort.
Cross-examined. I never saw the defendant, and never had any communication with him.
ALFRED HENRY LAW . I am a clerk in Mr. Ditton's office, and am well conversant with shorthand writing—on the 19th February I attended a meeting of the creditors of Moritz Heymann, and took a note of what
occurred, to the beet of my skill and ability—from that note I prepared the transcript that is upon the proceedings—it is an exact transcript. (MR. BESLEY objected to this transcript being read, on the ground that it was not a compulsory examination, and that it was not taken in accordance with the statute.
THE COURT was of opinion that it might be taken as the witness's statement. The transcript was then read).
HENRY BIDWELL DUNN . I am a solicitor—I hare practised at 24, Ludgate Hill, since 1866—I was engaged for some clients to whom the prisoner owed money—I produce twelve writs I issued against him—they amount to 1300l. odd—he was sued as "Moritz Heymann, otherwise Welbon & Co."—I was not able to serve him—I missed him until the recent bankruptcy—my first knowledge of it was by seeing "M. Heymann" in the law notices—I have never recovered a farthing.
Cross-examined. All these twelve writs are at the suit of Hugo Turk and Edward Paul—I went to 24, Ludgate Hill in September, 1866—my papers are left there now—up to last September, I was considered to be the tenant—I have arranged the rent with my landlord in account, and I have a receipt in full of all demands—in 1867, I lived next door to the prisoner—Turk and Paul carried on business in Addle Street—I have been there many times—I never heard of them becoming bankrupt—I have not been paid for this lot of parchment—I never prepared any composition for them.
Re-examined. I tried personally to serve him—Turk and Paul were manufacturers in Prussia, and they had agents here—there is no pretence for saying that they compounded with their creditors.
JAMES TAYLOR . I am employed in the firm of Flageolet Brothers, the continental carriers, of George Yard, Aldermanbury—goods consigned from abroad, to persons in London, pass through their hands—during the month of December last we received various consignments for Wilson & Becker, 96, Leadenhall Street—I produce an invoice relating to goods sent there, which in due course were delivered—they were signed for by them—I have the signature (produced)—they came from Zurich—I did not see the goods that are referred to in that account—this professes to be a receipt for boxes containing those marks. (MR. BESLEY objected to this document, and MR. SERJEANT PARRY withdrew it.)
Witnesses for the Defence.
AGNES ASHCROFT . I am a widow, and live at 12, Upper Woburn Place—I let apartments—somewhere about Christmas, the defendant, his wife, and family came to my house—he brought several boxes—he remained about a week—he left as it were yesterday, and did not return the next day—his wife asked me to make out my bill, which I did, and she left with the maid and children—the same afternoon an empty cart came and took away the boxes—I saw the cart drive up to the door—it was an open cart, and there was not a thing in it—the carter said he had come for the family's luggage—there was no bale of goods, or anything extraordinary about the boxes—they were put into the cart and taken away—Mr. Heymann was not there on that day, nor did I see him until a month afterwards, when he called at my house, and invited me to dinner—Mr. Ditton came to me and said a great deal against Mr. Heymann, and he wanted me to give such evidence as would convict him—he said so in the drawing-room, and he said I should be paid handsomely, but no sum was named.
Cross-examined by MR. SERJEANT PARRY. Q. Do you mean to represent that
Mr. Ditton said that you would be paid handsomely for giving your evidence? A. Mr. Ditton said Mr. Heymann was anything but what he ought to be—he said words to the effect that he had robbed his creditors, and was a swindler—I do not remember his saying anything about "creditors," but he said he had swindled people in Switzerland—Mr. Ditton said "If Mr. Heymann is convicted you shall be handsomely paid," to which I made no reply—I have never been to the prisoner's house at Hildrop Road, or to any other house of his—he called at my place this morning and yesterday morning—that was to bring me here—those were the only times he came—I did not accept his invitation to dinner—I told Mr. Ditton that he left suddenly, and did not return—I have nearly always someone in the house who speaks German—I did not tell Mr. Ditton he left the house because he found there were persons there who spoke German—Mr. Ditton told me the prisoner was keeping put of the way to avoid being arrested—I do not remember telling Mr. Ditton that I would invite the prisoner to my house in order that he might be arrested—I gave information to Mr. Ditton about his movements, because Mr. Ditton requested it—I sent this telegram to Mr. Ditton, at his clerk's request: "Come at once. He has been here. Will call again. Come alone"—I considered I was doing a public duty in sending that, but I found I had been misled—I had no definite meaning in saying "Come alone"—he came in consequence of that—it was on a Saturday, and that was the time he said I should be paid handsomely—Mrs. Friestadt does not lodge with me—I know the name—I have not seen her lately—she has not called upon me—I know Mr. Friestadt—he has lodged at my house—also Madame Friestadt—they were there at the time Hey-mann was—the name of Tueski is familiar to me, but I make mistakes in these German names—I know two young gentlemen who used to come there, and I think their name was something like that—I have not seen them lately—this post-card (produced) is in my writing—it is addressed to Mr. Ditton, and dated February 4th: "Dear Sir, Are these people arrested, and when?"—I wrote that purely out of a woman's curiosity.
Re-examined. I had not known any of these persons previously to Hey-mann coming there to lodge—my husband was an eminent physician and my father was a distinguished officer during the time of the first Napoleon. (Mrs. Friestadt was here called in.) I think that is the lady I have been speaking of, but I am not quite sure.
JURY. Q. Are you aware of the contents of either of those boxes? A. I was called into the bedroom on one occasion, and asked if I would like to see some Berlin work—I said I would, and they showed me a quantity of Berlin work in a rosewood frame at the bottom of the box—I admired it, and they said would I like to see more—I thanked them and said I did not care to see any more—there was only ladies' clothing in the boxes—there was not a thing in the shape of merchandise—they told me the Berlin work was done by their own hands.
MARY ANN RHODES . I am servant to Mrs. Ashcroft—I was there last Christmas—I remember Heymann and his family coming there—I saw the boxes—they were taken into their rooms—they remained there a week—it was general luggage, and there was no appearance of merchandise—the boxes left the day after Heymann left—it was taken away in an open cart, and it was empty—I saw the luggage put in—Mr. Heymann was not there or anywhere in the place.
Cross-examined. I think there were four or five packages—I only saw
packages taken away once—I am quite sure there were only four or five—they were general portmanteaus.
BERTHA FRIESTADT . Mrs. Heymann is my sister, and Madame Tueski is my mother—in December last I was living at Albert Villa, Brownswood Park—I have never lodged at Mrs. Ashcroft's, and have never been there—there is a family likeness between me and my sister—I remember some travelling boxes and portmanteaus being brought to my house—they were put in the breakfast-parlour—I saw no merchandise—they were taken away the next day—I saw no bale or case weighing five or six hundredweight—I visited the prisoner and his family in Zurich last summer—their house was well furnished and looked very nice.
Cross-examined My husband carries on business in Jewin Street—my maiden name was Tueski—I saw my brother, Jacob Tueski, about two or three months ago—I have not seen him since, or heard from him; nor my husband, to my knowledge—I saw Henry Tueski about two or three months ago—I know where he lived, but I cannot tell exactly—he lived in the West End somewhere—I would rather not tell you where he lived—I do not know Seckell, and know nothing about him—I have never seen him with my brother—I do not know Wilson and Becker—I did not know that Jacob Tueski asked my husband if he would receive some goods for him in Jewin Street—I daresay I have heard it—my husband refused—the prisoner resided at Hildrop Road with my mother—that house is full of new furniture—I do not know who bought it—200l. or 300l. worth was taken there after my brother came from Zurich—I do not know that any furniture have been removed—I was not with my brother when he bought it—my brother Alfred was at Zurich with the prisoner as an apprentice—he is about twenty—he lives now at Hildrop Road—he is here.
Re-examined. My mother is possessed of property—she had some property—I think she bought the furniture, but I was not present—as far as I know, it is hers—she is ill—she was called by the prosecution at the Police Court—I have seen the boxes that were taken from my house at Hildrop Road open, but I never saw any merchandise in them.
—TEMPLEMAN. I am clerk to Mr. Templeman, solicitor, Aldermanbury—a person called Glasson was a client of ours—he is dead.
Cross-examined He carried on business in John Street, Adelphi, and in Water Lane and Great Tower Street—I knew a Mr. Wilson—I do not know where he is—I do not know Becker—we acted for Wilson—I believe he lived at 96, Leadenhall Street—I never was there—he was a person who represented himself to be Wilson, of the firm of Wilson & Becker—he was brought by Seckell—Wilson was sued on three bills of exchange, by Rudolph & Shuster, and another one, and John Gower—I have only seen him twice—I have known Seckell since 1863—I saw him about three weeks or a month ago—I do not know where he is now.
COURT. Q. Has Wilson paid his bill of costs? A. He paid 5l. when he first came.
Three witnees were called to character, after which the following witness was called in reply.
AMBROSE GIBBONS DITTON . I am an attorney, practising at 9, Ironmonger Lane, and have been there about eight years—I first acted for Mr. Streckeisen, the Consul-General, and afterwards for the creditors under this bankruptcy—I sued Heymann upon certain bills for Streckeisen—judgment was signed on the 29th January, 1872—in whatever I did under those actions, I
acted according to the best of my judgment and under the instructions of my client—I and my common-law clerk were making inquiries about Heymann—I received a telegram from Mrs. Ashcroft, and in consequence of that I went to her house—the telegram is dated the 20th January—at that time I was not contemplating criminal proceedings against Heymann, but I was anxious to find out where he was, for the purpose of arresting him under a capias which had been issued—I saw Mrs. Ashcroft that evening—I never said to her that if he was convicted she would be handsomely repaid, or anything of that sort—at that time, and until the 19th February, I had no idea of criminal proceedings—it was only after his examination before his creditors that criminal proceedings were determined upon—I received this post-card from Mrs. Ashcroft—when I saw her she said she would send her servant to Hildrop Road and find out where Heymann was; and I said I would recoup her anything she paid.
Cross-examined by MR. BESLEY. I knew Farley was employed some time after—I think it was the 5th or 6th January—he is acting under the instructions of Mr. Bailey—he has come to me from time to time as the case has gone on—I think I have seen him almost every day—I have not paid him a shilling, nor Mr. Kuhn either—I have given Harris a sovereign now and then, and I think my clerk has given Cheetham two or three sums of 5s.—the prisoner was arrested upon a capias two or three days after this telegram—I signed judgment and took out execution—the date of the judgment, I see, is the 29th January, and I have no doubt the execution was a day or two after—very likely it would be the same day—I think it was—the officer seized the goods at Hildrop Road—the writ was endorsed in the usual way—I went to Hildrop Road after the claim had been put in by Mrs. Tueski—it might have been about a week after the execution—I certainly did not represent myself to be a broker—I asked to see the receipts for the furniture—I was with the superior officer of the Sheriff, and my common-law clerk—the application for the first warrant after the capias is on the proceedings—I appeared before the Registrar on the following day after he was given into custody—there was a discussion at the meeting of creditors about giving the prisoner into custody—Mr. Dubois objected—the prisoner was admitted to bail by Sir Thomas Gabriel in one recognizance—I went to the Bankruptcy Court and got a warrant against him—I acted as Commissioner in swearing the affidavit that was used to get the warrant, and the Lords Justices held that I was justified—they ordered the warrant to be quashed, but not on that ground—I applied to the Bankruptcy Court for another warrant, and that is in force—there was an affidavit by Mr. Sydney that he could not attend to his defence if the warrant was executed, and upon that the Registrar suspended the execution of the warrant until, I think, Monday next—I was not the person who objected to the foreman of this Jury, before Mr. Commissioner Kerr came into Court—I was asked by an officer—I do not know his name—it was not by my directions—I had no idea of anything of the kind—I do not know that I consented, or said anything about it—I did not object to the foreman being brought back.
Re-examined. I was requested to do so by Sergeant Webb, who had the conduct of the case—a Commissioner for taking affidavits merely administers the oath—in all that I have done in this matter I have acted to the best of my judgment.
GUILTY on first, second, and fourth Counts.
MR. BESLEY proposed to move in arrest of judgment, upon the ground that these Counts did not disclose an offence, and that they did not allege that
Moritz Heymann was a bankrupt. THE COURT intimated that the matter had better be settled by Writ of Error.
Eighteen Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution.
WILLIAM TANSEY (Policeman C 553). About 7.50 p.m., on the 24th February, I was in plain clothes in Queen Street, Cheapside—I saw a boy named Horsage come from a letter-box—I had examined the box and found it all right—I examined it again and saw part of a newspaper put in—I saw prisoner speak to the boy—I took the boy into custody—I saw the prisoner on the opposite side of the street, and I asked him if he had any appointment to meet this boy—he said he had—I told him I was an officer. and asked him what time he had to meet him—he said "Half-past 6 o'clock"—the boy said "No, half past 8 o'clock"—he also said "This man is an officer, and has charged me with putting paper in the box"—the prisoner said "Oh, no, that cannot be"—I said "It is so, because I have got the paper in my pocket"—I said "I shall have to take you to the Station to explain this matter"—the boy said "Take hold of me, and I will make you pay for it"—I took them both to Bow Law Station—the boy was taken into the charge-room, and the prisoner remained in the passage—behind the door where he stood was a canvas bag—I took prisoner out to the Inspector—he gave his address as 39, Bouverie Street—I received these parcels (produced) from the officer Malyon—I saw the prisoner on the Monday morning, and showed them to him—I said "This parcel was found behind the canvas bag, in the passage," and I showed him this letter, and asked if he knew anything about it; he said he did not—the letter bears his name inside—I asked if he knew anything about these other papers—he said "Yes, they are mine, and this letter has reference to these papers"—amongst those is a photograph of the boy I took into custody—he saw the deed and said he knew nothing about it—the boy was discharged by the Magistrate.
WILLIAM MALYON (Policeman C 606). On Saturday the 24th, I was in Bow Lane Station, when the last witness brought the prisoner in—the boy was taken in to the charge-room, while the prisoner remained in the passage—I was not there the whole of the time—he stood close to the canvas—the next morning I found these papers behind the canvas.
JAMES TAYLOR . I am clerk to Messrs. Travers, Smith & Co., 26, Throgmorton Street, solicitors—I do not know the prisoner—this is a mortgage deed for 2200l. advanced to the Guardians of the Spalding Union, by a client of ours—that was sent to the Local Government Board, and as far as I know, not returned—it was sent by us for the purpose of registration—there is a letter accompanying the deed.
WALTER WEBSTER . I am despatch clerk at the Local Government Office, Whitehall—this letter dated the 22nd February accompanied a security for 2200l., which was placed in the official bag which the post-office cart calls for—that would be dispatched between 4 and 5 o'clock in the afternoon.
NOT GUILTY .
The prisoner was again indicted for stealing another valuable security, upon which no evidence was offered.
OLD COURT.—Saturday, April 13th, 1872.
Before Robert Malcolm Kerr, Esq.
MR. COOK conducted the Prosecution.
CHRISTIAN KREKEL . I am a labourer, and live at 26, Chicksand Street, Brick Lane—on the night of 25th March, about 11.15, I was proceeding home with my daughter and son-in-law, and as I was coming along Columbia Place I saw the two prisoners Standing in the middle, about six or eight yards off—Ditton came up to within about two yards of me, and said "Governor, do you know such a street?"—I said I did not, and as I took a second step to go home I was caught by the neck, and received a violent blow in the mouth from Joyce—as soon as I was on the ground the two fell on the top of me, and wanted to rob me—I halloaed out for assistance, which brought two persons up, and a woman called out "Oh, there is Mr. Krekel on the ground"—I held my watch, and they could not get that, but they got the ring off it, and when they saw the neighbours open their doors and windows they walked away—the blood fell down from my head, and since then I have been fit to do nothing—I have been very nervous all over—I lost so much blood.
Joyce. Q. When I came up to you, was anything in my hand?" A. I can't say; I saw nothing—I was half drunk and half sober—I had to pass you to go home, and you knocked me down like a bullock—there were three of you; one has been acquitted, but since then he has had twelve months for receiving a watch.
Ditton. Q. How did you know me again? A. I knew you from a thousand—you had a grey dirty cap on, on this night, and when I saw you in custody on Monday you had on a round hat, and I was so nervous and ill with the loss of blood, I was trembling all over when the constable called me out of bed to identify you, and you had your hat over your face—I am sure you are the person—you came and looked in my face when you asked me the question.
LYDIA HILL . I am the wife of George Hill, of 10, Lumley Place—on Sunday night, 25th March, I was at my street door, listening to the clock striking eleven—I saw four or five rather rough-looking men come by my door, and I saw Mr. Krekel talking to a neighbour—I had just got inside my door when I heard him say "Good night"—I looked out of the door, and saw the two prisoners in front of him—I saw Joyce take him by the throat, and Ditton grab at his watch—I screamed "Murder! police!" and they ran up the court—my husband ran out, and asked what was the matter—I said "Look at Krekel"—he was lying in the gutter—I knew him—I was once a lodger of his—my husband went to lay hold of Ditton—he made use of bad language, and offered to hit my husband—Joyce turned round, and said "It is all right, governor"—my husband said "I don't think it is all right; I think it is all wrong."
Joyce. Q. Did you see me go up to the man, or did he come up to me? A. You went up to him, and caught him by the throat, and pushed him down—I did not see you punch him in the mouth—you knocked him down—you were only a short distance from my door in the court—there were three of you—I don't know which way the other went—I did not see anything in your hand—I can swear to you—it was underneath a lamp that
you turned round and spoke to my husband; that was at the very moment of the robbery, not two minutes after.
Ditton. Q. When you came to the Station, did you pick me out? A. No, I could not; I was too much confused—I picked out another man—I am positive of you.
GEORGE HILL . I was in my back yard, feeding my dog, when I heard my wife crying "Murder! Police!"—I went to the front, and saw my wife outside the door—I asked her what was the matter—she said "Look at Mr. Krekel lying on the ground"—I said "Who did it?"—she said "That man did it," pointing to Ditton—I collared him, and he sparred up to me—I let him go—Joyce was behind me—I turned to lock at him, and he said "It's all right, governor"—I said "I think it's all wrong" and if I had had anybody near me at the time I would have taken them all into custody.
Joyce. Q. Did you see me when you came out? A. Not at first—you were standing still behind me; that was after the robbery was done—I did not see anything in your hand—you had a white wide-awake on—I was not asked to pick you out at the Station—I picked Ditton out of fifteen.
Ditton. It is false; you picked out one with a wooden leg. Witness. I picked you out afterwards—I was called out of bed to pick you and the wooden-legged one out; he was acquitted; he was the one who stood at the end of the court.
The Prisoners' statements before the Magistrate—Joyce: "At closing-up time on Sunday night I left the public-house I had been in, at 11.15 or 11.20, with half-a-gallon of beer; I went to No. 6, Spital Street, and stayed there and drank the beer there at about 12 o'clock; then I left and went home." Ditton: "When the lady picked out the other man, she said there was no call for her husband to be sent for, because he was in the yard at the time."
Joyce's Defence. I can assure you I am as innocent of this Job as any gentleman in court. I left the public-house with half-a-gallon of beer, and went straight to Spital Street, and stopped there till past 12 o'clock.
Ditton's Defence. If I had been guilty, would not the lady have picked me out at the Station, or the man? He says he did; but he did not. I know no more about the robbery than this wood.
PLEADED GUILTY to a previous conviction at this Court in March, 1869.
JOYCE**— Seven Years' Penal Servitude and Forty Lashes with the Cat.
DITTON*— Eighteen Months' Imprisonment.
MR. GLYNN conducted the Prosecution.
The prosecutor in this case having gone to sea, and there being no other evidence against the prisoner, he was Acquitted.
MR. MOODY conducted the Prosecution; and MR. A. B. KELLEY the Defence.
—on 25th March, between 1 and 2 o'clock in the day, I missed a looking-glass from outside my shop—I had seen it safe half-an-hour before—I had seen the prisoner in the shop about twenty minutes before the glass was missed—it was worth 5s. 6d.
ELLEN HOLLINGSWORTH . I live No. 5, Bridgwater Place, nearly opposite Mr. Edgar's—on the 25th I was at my window—I saw him take Mr. Edgar's looking-glass and run away with it—I had seen him about there for half an hour, standing with his back to the wall.
Cross-examined There was no one in the shop at the time—he was not speaking to any one.
PLEADED GUILTY to having been before convicted in May, 1869*— Seven Years' Penal Servitude.
Before Mr. Justice Quain.
MR. BRINDLEY conducted the Prosecution; and MR. DE MICHELE the Defence.
HENRY ALFRED COX . I am a turner, and live at Thorpe Villa, Cobham Road, Stratford—I work in the locomotive shop of the Great Eastern Railway there, by the side of the prisoner, who is also a turner—it is a large covered shop—on 21st March, between 4 and 5 o'clock in the afternoon, Martin and Hollingshead were playing at snowballs—they both threw at the prisoner while he was working in the shop, and he was struck by the snowballs—he was using a chisel, chipping numbers off a brass piston—he told the lads if they did not leave off he would tell the foreman, but they did not leave off—Martin threw the last snowball, and it hit him—they were nine or ten feet from him, throwing the snowballs—after throwing the last snowball, Martin ran along the shop, and Goose threw the chisel in the direction in which Martin ran, but down towards the ground; Martin was then nine or ten feet from Goose, and he bobbed his head while he ran, and the chisel struck him behind the ear, and remained sticking in his head—John Simpson took it out—there was a great deal of blood when it was pulled out—Martin said that he was stunned, and said "Take me home"—this (produced) is the chisel—Goose seemed angry at the time he threw it.
Cross-examined We are both apprentices at the Great Eastern Railway, at Stratford—the prisoner has been in that employment a year and a half or two years—his father was there before him, and was killed last year—the prisoner has borne an excellent character as a peaceable, quiet person—during the whole of this day he was being constantly pelted with snowballs, and made no resistance whatever—the snowballs were brought into the shed by two other persons—during that time the prisoner was constantly at his work—two snowballs were thrown at him at once, and one hit him on the face an the other on the neck—the chisel was at that time in his right hand—he raised it with his right hand in this way; backhanded—I am prepared to say that the chisel did not hit the ground before it struck the deceased—if he had not stooped down, it would not have hit
him at all—it was about a foot high from the ground when it struck him—it would have passed him and gone in front of him if he had not stooped—I did not hear him say, after it was taken out of his head, that it was an accident—it was thrown in this way (holding the sharp end), but it made a revolution before it struck him—it is sharp—it might just as well have hit with the side as with the sharp end—he said "I am only stunned, take me home."
MR. BRINDLEY. Q. How could the deceased be running with his head down near the ground? A. He was running and he bobbed his head down.
JOHN SIMPSON . I live at 31, Victoria Terrace, Stratford, and work in this shop of the Great Eastern Railway—I saw the snowballing, but did not see the chisel thrown—I saw it sticking in the decased's head when he was lying on the ground, and I ran and pulled it out.
COURT. Q. What attracted your attention to him? A. I turned round from my work, and saw him lying on the ground on his side, or the side on which he was struck—there was a quantity of blood on it—Goose said that he was very sorry for what he had done; he and Martin were good friends—I heard Martin say "I am stunned"—Goose then said "I did not intend to do it, I have been aggravated a great deal during the afternoon, but I did not intend to do it"—he said he was in a great temper when he done it, and that he did not intend to hurt him.
Cross-examined The deceased and the prisoner were perfectly good friends—I never knew them quarrel before—the prisoner came over to the deceased, but he could not speak for a moment; he was overcome—he then assisted to pick Martin up—I did not hear the deceased say that it was done by an accident—the prisoner has borne a character for quietness in the shop—he is a mild inoffensive boy—he was using the chisel all the afternoon.
JAMIS JEFFERYS . I live at 35, Queen Street, Stratford, and work in this shop—I saw the snowballing this afternoon—I saw them throwing snowballs at the prisoner all the afternoon, and they had been aggravating him, and one struck him in the face, and he threw the chisel back-handed towards the ground, with the intention of frightening them—the chisel went towards the ground, but it struck the deceased.
Cross-examined He aimed the chisel towards the ground—I do not think it would have hit the deceased at all if he had not bobbed his head.
WILLIAM LITTLE . I work in this shop—I saw Martin running away from Goose—I did not see Goose throw the chisel, because the crane prevented me, but I saw it strike Martin about an inch and a half above the ear, when his head was about sixteen inches from the ground.
Cross-examined I have known him ever since he came to the shop—he is a very mild and good boy, and paid great attention to his work—his father was in the Service before him, and was killed last year—since then he has been supporting his mother.
COURT to H. A. COX, Q. Did you see him fall? A. Yet—he rolled over when he was struck—the ground does not slope in the direction he ran—it is all the same level.
JOHN MARTIN . I am an engine-driver, of 4, Queen Street, Stratford—the deceased was my son—he would have been sixteen on the 22nd of this month—I saw him in the London Hospital on Thursday night, 21st March, alive—I went again on the Saturday and found him dead—he was not sensible when I saw him—he was just going under an Operation.
Cross-examined I never heard of any ill-feeling between him and the prisoner.
ROBERT WILLIAM PARKER . I am house-surgeon at the London Hospital—John Martin was admitted on 21st March, between 5 and 6 o'clock in the afternoon—I examined him, and found a patch on his skull somewhat behind and above the left ear, and the brain oozing through—he died about 7 o'clock on Saturday morning the 23rd.
Cross-examined It was a depressed fracture, done with a sharp Instrument—there was not much splintering of the skull, as would have been the case if it had been done with a large surface—this chisel is heavy enough to fracture the skull if thrown with sufficient force—it might have been done with either end—the deceased made no Statement to me.
Re-examined. If it had been done with the blunt end, it would not have been found sticking in his head—the person who withdraw it would know best.
COURT. Q. If it remained sticking in the head, should you say that it was thrown with considerable force? A. The weight of the chisel would have something to do with that—its sticking in his head would indicate some amount of force—the nature of the wound would of itself hold the chisel in his head irrespective of any force used to throw it—had there been a more extensive fracture of the skull, it would have fallen out—it went in about an inch—it would not follow that the chisel went in all that way, but it forced the bone in—we had to remove small fragments of bone—the father referred to an Operation, but it was only withdrawing small pieces of bone—he was quite sensible when he was brought to the hospital, and he remained so till noon next day, when he became very excited, and I believe he then lost all consciousness.
MR. DE MICHELE . Q. Would the weight of the chisel alone, and the fact of its coming from the height of eight or ten feet, be sufficient to cause the wound? A. If the chisel were dropped eight feet—it did not want any particular force to make the wound with the chisel, it is so heavy, and with this sharp edge.
MR. BRINDLEY. Do you suppose it would make the injury if the force was spent? A. There would be two forces, one to throw it, and the other would be its own gravity—it may have gone one-quarter of an inch into the head, not more—it cut the scalp; I could not tell whether it cut the scalp or smashed it, I paid attention to the wound itself.
The Prisoner, received an excellent character.
NOT GUILTY .
Before Mr. Deputy Recorder.
MR. A. B. KELLEY conducted the Prosecution; and MR. COOPER the Defence.
The Prisoner having stated in the hearing of the Jury that he was
GUILTY of unlawfully wounding, they found that verdict.
Four Months Imprisonment.
Before Robert Malcolm Kerr, Esq.
MESSRS. COOPER and MOODY conducted the Prosecution.
BRIDGET MCDONALD . I am an unfortunate girl, living at Harford Row, Skelton Street, Greenwich—up to the 8th January I had been living with the prisoner, between four and five years—during that time I had often maintained him—on 21st January, from 6 to 7 o'clock in the evening, I went into the Dover Castle public-house, Church Street, Greenwich—the prisoner was there, in a different box, drinking with a lodger of mine—I asked the lodger for the key of the house, and then left—I met my baby's godmother, and returned with her to the public-house—we went into a different division to the prisoner—I called for two three's of port wine—on doing that the prisoner came round into the box where I was—he asked if I had been talking about him—I said "No, Charley, I am not; I am talking about my dear baby; this is my baby's godmother," and upon that he hit me twice with his clenched fist, which made my head go against the wainscot, and with the third blow, I remember no more; from that blow the sight came out of my eye with the blood; I found my eye was out; all the lightning came out of both eyes—I went to the Seamen's Hospital—they would not do it—I was then taken to my own house—I went to Dr. Creed, and afterwards to the Eye Infirmary, where my eye was taken out—after being there for a week, I remained in my own house until 22nd March; between 9 and 10 o'clock that night I was going to my lodging, I had given up my house at that time, and when I got near it I saw the prisoner Standing against my palings—he said "Here, I wants you"—I said "Oh, it is my murderer!"—I knocked at the door with great violence, and when he found I was going in, he caught hold of the hair of my head and dragged me, which caused the socket of my eye to bleed—I put up my hands to save the other eye, and he struck me violently on my blind side, and I became insensible.
HARRIET THORNTON . I am the wife of Harry Thornton, 3, Prince of Wales Cottages, Greenwich—on the evening of 20th January, I was in the Dover Castle public-house, with my husband—the prosecutrix came in with another female and called for some port wine—the prisoner came up and said "Are you talking about me?"—she said "No Charley, I am talking about my dear baby"—he then struck her once on the side of the head, and a second blow on the head, and knocked her head up against the wainscot and the third blow caught her under the right eye.
Prisoner. Q. You did not see me strike her three times? A. Yes; I did not hear her passing remarks about you; she had not been in there three or four minutes—I heard you say she had words, but I did not hear it.
MR. CREED. I am a medical man, at Croom's Hill, Greenwich—on the evening of 20th January the prosecutrix was brought to my surgery, I attended her for two days; she afterwards went to the Opthalmic Hospital, and her eye was taken out—the feelings she speaks of, that her eye was out, was the shook from the blow—it was not knocked out, but it was no doubt destroyed from the effects of the violence received.
Prisoner's Defence. I did not strike her three times, the first time I missed her, and the witness and her husband hustling about caused be to hit her when I should not have done; the second time I did hit her, I admit, but I did not hit her to cause her to have her eye taken out; she has been blind from childhood—I was regularly drove to do it from her aggravation.
MR. CREED (re-examined). There was a very severe wound under the right eye, and the eye was in a very painful state—there was a speck on
the eye, that was in existence previous to the injury—she was in a very low nervous state indeed, and suffering great pain.
GUILTY of unlawfully wounding — Four Months' Imprisonment.
369. FREDERICK BURKE (20) , PLEADED GUILTY to feloniously breaking and entering the dwelling-house of Henry Killey, and stealing one locket, five coats, and other articles; also to breaking and entering the dwelling-house of Thomas Callender.— Twelve Months Imprisonment.
Before Mr. Deputy Recorder.
MR. HOLLINGS conducted the Prosecution.
NOT GUILTY .
Before Mr. Deputy Recorder.
MR. F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
In opening the case, MR. LEWIS proposed to show (under the provisions of the Habitual Criminal Act) the finding of other stolen property on the prisoner's premises.
MR. WILLIAMS objected to this, as it would be virtually trying the prisoner upon other indictments. MR. DEPUTY RECORDER felt some difficulty in applying the provisions of the Act; such evidence could only be given in order to assist the Jury in coming to a conclusion on the subject of guilty knowledge; the details of each case need not be given, the possession of other stolen property was all that could be legitimately proved.
ALEXANDER CHARLES THORN . I live at Lamb's Buildings, Bunhill Row—I am in the employment of Mr. Richard Johnson, carman—on 9th March a case was given to me, to take to the Bricklayers' Arms Station, by Joseph Hayes, Mr. Johnson's foreman—I went to Hayes' wharf with a box first—the cart was there when I came out—I then went into the receipt-office to get the receipt, and when I came out the horse and cart was gone—I gave information to the police, and in the evening the pony and cart was returned without the case—it was about 3 o'clock when I missed it.
GEORGE TUFFNELL . I am a packer at David Evans & Co.'s, silk merchants—I packed this case with 206 pieces of silk a few days previous—I delivered it to Mr. Johnson on 9th March—the silk was worth about 300l., and was the property of my employer—the case was quite new, and was made for the goods; it was marked "B B W. 286."—I next saw the case at the Lambeth Police Court in the possession of the police—it had been opened by the police—I had packed and nailed it up myself—I don't think I made any holes in which there were not nails—the paper which covered the goods was not torn as I saw it at the police-station—the silk was not gone—there were three coverings, a paper lining, a glazed lining, and the parcel the goods were in—the papers were all torn when I saw it again.
Cross-examined I was not present when the police opened the case.
shop, 28, Brandon Street, Walworth—it is a small shop—they sell various kinds of articles—he calls himself a drysalter—I was accompanied by Sergeant Ham and three City officers—I saw the prisoner in the back parlour with his wife and some other female—I said "Pearson, we are police-officers; have you purchased any silk?"—he said "No, but there is a case outside"—he came outside the shop, and I there found the case produced, covered over with a canvas bag and some other canvas—it was inside the shop, three or four yards from the door—the canvas was on the top, and so concealed the case that I could not see it till I removed the canvas—I found on it the letters "BBW." and "No. 286"—the prisoner said it had been left there on the Saturday afternoon during his absence—I inquired who received it, and the wife said "A man drove up with a pony and cart, and asked to be allowed to leave it for a short time"—I asked her whether she knew who the man was, and she said she did not—I told the prisoner I should charge him with receiving the silk, knowing it to be stolen—I also found this bag of pepper on the premises; and a roll of cloth was found, in my presence, in a drawer in the first floor front room—I said to the prisoner, "How do you account for the possession of this bag?"—I had hold of the bag at the same time—he said "Oh, that has been here a long time"—his wife also said the same—I said "What do you call a long time?"—they both said "Oh, weeks"—I asked how he accounted for the possession of the cloth—he said "I know nothing about that"—I conveyed him to the station—I opened the case of silk, and found that there were marks indicating that the case had been opened before—there were nail marks and also marks of a screw-driver, or some other instrument, at the side, where the top had been forced off; and I found the top of the box was covered with this kind of glazed lining, and a piece was taken up, evidently to see what it contained—when I found the bag of pepper there was no Parcels Delivery label on it—there was a piece of cord on the top, apparently where the label had been.
Cross-examined. What he said was "Here is something outside in a case, it was left on Saturday afternoon, when I was not at home"—I said "Who took it in?" and his wife said "A man came with a pony and cart on Saturday afternoon, between 3 and 4 o'clock, and asked to leave it for a short time"—I said "How did you know it contained silk"—the prisoner said "I did not know what it contained, but I knew there was a case there"—they both said the pepper had been there some weeks—they did not say months—I said "What do you call a long while," and the wife said "Weeks," and so did the prisoner—I have said that before—I don't know whether it was taken down—I can't be certain whether I said they both said so, or the wife said so—the case was standing in the shop—I removed the covering, from it myself.
JAMES HAM (Detective Sergeant P). I was present with Moss—I have heard his statement, it is correct—the case stool in a straight line with the counter, so that it corresponded with the counter—it looked like the counter, so that persons could not tell but what it was the counter as they went into the shop—it was covered over with canvas bags, and things on the top similar to what was on the counter—no one could see any part of the case.
Cross-examined. The counter was not 6 inches higher than the case—I never said so—not as it was, with the things on; it if the things had been taken off it would have been so.
Re-examined. I said it was so hidden that anyone in the shop could not
tell whether it was part of the counter or not, and I say so now—the things on the case brought it up to a level with the counter.
JAMES HERRING . I work for George Borwick & Co., drysalters, in Bunhill Row—on 5th March I received ten bags of pepper, marked "W P," on the second floor of the warehouse, they were all marked the same—I did not notice the numbers at all.
JAMES CAMPBELL . I am warehouseman at Borwick & Sons—the bag of pepper produced is their property—we missed three bags about the same time—we never sell any washed pepper—this is washed pepper—this is a bag that was sent with other bags to be washed—I know it came back, by an entry in my books—I have the books here with the entry—it is in my writing—I have the delivery note—the entry corresponds with the note exactly—No. 7-1112 is this bag—it is worth about 7l. 15s.—there are about two-hundred persons employed in our establishment.
Cross-examined. No one has any right the sell this pepper—none of those bags of pepper have been sold as far as I know—I have not my books here—the books would show whether the pepper had been sold or not—I know nothing about the other three bags—the letters WP, and the dock marks would be put on this particular parcel of pepper which came by the same ship—those numbers would not be supplied to anyone but ourselves—"WP" would be put on every sack that came by the same ship—the numbers are dock marks—the lot "87" is the distinguishing mark of the particular lot consigned to our house—it would be on all the bags of that lot—the number "7" is distinctly our own, it would not be on any other person's bags, and "87" is No. "7" of that lot—we sell empty bags—the mark would still be on them, but we have not sold any of these—they are sold under my superintendence—I don't see every bag that goes out—we don't sell whole pepper like this—other persons would have pepper in the same state, and have it washed.
WILLIAM LIST . I am a marker in the East India Docks—I marked that bag, I marked it as it is now, lot "87" with "7" underneath—they are marked in lots from 1 to 10—"87" would be the number of the lot "87," the seventh of the parcel of 10.
Cross-examined. There would only be one lot of 87 in the shop, and they would be marked from 1 to 10 inclusive—if there were more than 10 sacks we should take another lot, another number, that would be lot 88, and that would go from 11 to 20—I don't know where it goes after it leaves the docks—to the best of my recollection it was about November last, when I marked this bag.
EDWARD CLARK . I am assistant foreman at the East India Docks—on 26th February last I delivered that bag to Barenger's carman with 19 others—I have my book here—this is the entry "South Quay Monday, February 26th. Warrants, Nos. 6 8 7 20 and 1. Delivered to James Berenger, 20 bags of pepper"—amongst those bags I delivered one numbered "87-7."
JOSEPH WILSON . I am foreman at Messrs. Barenger and Co.'s—on 26th February I received twenty bags of pepper for the purpose of washing—amongst them was one "87-7"—the pepper was washed and put into the same bags, but the twenty bags were reduced to fifteen—I sent back fifteen full bags and five empty ones—amongst those returned was the one "87-7."
the same time—this is a piece of paper I gave to Mr. Campbell; it is in the handwriting of the last witness—I could not say that that was one of the bags I delivered—I only noticed that I delivered the quantity—7-1112 was one of the numbers.
SAMUEL BRODERICK . I am shopman to Mr. Hirsch, a tobacconist, of Shoreditch—he keeps a parcels receiving-house—on 9th March we received a bag to be forwarded to Mr. Pearson, Walworth—it left our place to be forwarded in the usual course—a delivery label would go with it, and that is delivered with the parcel.
HENRY RANDALL (Detective Officer). On the morning of 11th March I was on duty in Brandon Street, Walworth, about 11 o'clock—I saw a parcels delivery cart drive up to No. 28, and I saw this bag delivered—it had a white luggage label on it—when I saw it afterwards in the shop the label had been cut off—I did not see the prisoner there when it was delivered—I saw him about ten minutes afterwards.
HENRY FRANKLIN . I carry on business as Franklin & Co., foreign importers, at 18, Noble Street—we had some cloth consigned to us, and when we received it there was a piece missing, and some paper put in its place—this is the piece I ought to have received—it is a peculiar pattern—it was the only piece of that pattern we were to have received—it is a peculiar make—I have not seen a pattern of that kind in London up to this time—I received the case in which it ought to have come on 5th February—this piece corresponds as near as possible in the number of yards I expected—it should have been 27 3/4, but the police in measuring made it 27—it is worth 6l. or 7l.
Cross-examined. The case was consigned to us from Germany, and I missed a piece when it arrived.
Re-examined The case in which this piece should have been, contained about twelve or fourteen pieces done up in parcels, with a stiff piece of card between every piece; and when the case was opened there was the space at the top where, the piece had been withdrawn; therefore it must have been withdrawn only recently.
Witnesses for the Defence.
SARAH EMILY DIVELL . I live at 25, Brandon Street, Walworth—the prisoner lives right opposite to me—on Saturday, 9th March, I saw a packing-case brought to his door—I was in my shop, and I can see right into Mr. Pearson's door—it was between 3 and 4 o'clock in the afternoon—it was brought in a cart—only Mrs. Pearson was in the shop—a man was driving the cart.
Cross-examined. I was not before the Magistrate.
MARIA COLLINS . I live next door to the prisoner—on Saturday, 9th March, about 3.30 or 3.40, I was looking out of the window, and saw a box delivered at his house—it came in a cart—there was a man with the cart—I did not see any one in the shop—I saw the cart stop, and the box delivered.
Cross-examined. No one assisted the man—he took it in directly, without any assistance—the cart was drawn by a horse, not a pony—I did not see the man go into the shop or speak to Mrs. Pearson.
and 8 o'clock—he did not remain five minutes—my shop is about five miles from his place—I did not see him again that day.
JAMES HENRY WEEDON . I live at Church Street, Pimlico—on Saturday, 9th March, I saw the prisoner about 4 o'clock, at my house—he stayed about ten minutes or a quarter of an hour—Brandon Street, where he lives, is about three miles and a half or four miles from my place.
GUILTY — Five Years' Penal Servitude.
MR. METCALFE conducted the Prosecution; and MR. A. B. KELLEY the Defence.
EDWARD COX . I am in partnership with Henry Williams, and carry on business as Benjamin Edgington, tarpaulin manufacturers, at 2, Duke Street, London Bridge—in April or May, last year, I saw the prisoner; my partner had seen him twice previously—he spoke about purchasing rick-cloths, and stated that he had a large farm in the neighbourhood of Reigate, and had suffered a good deal in previous years from loss of hay, from not having rick-cloths, and he was determined to have some—he said he was an old friend of the late Mr. Edgington, and had known him—he also stated that he was a member of the Fishmonger's Company—he said his waggons were generally in London every week, and his man should call and fetch the cloths away—he ordered two rick-cloths of the value of 22l. 15s. 6d.—on that occasion I did not hear the name given definitely, it was entered first of all as Tisson or Tissen—on searching the books we could not find any such name, and we wrote to the prisoner and asked him for a reference—I copied the name from the signature to a letter I had received. (This was a letter dated 24th May to Lyson, Mead Vale, Reigate, enclosing an invoice for the two cloths and asking for a cheque for the amount, or a London reference, signed "Bedgington.") The prisoner called after that letter was written, and I then asked him what his name really was—I had the Directory before me, and we had found Mr. George Tyser, a gentleman living at Reigate, in the Directory—I said if so we should not trouble him for a reference, as we knew him to be a respectable man—he said "Yes, I have had dealings with you before"—I think the address of Mr. Tyser was Parkside, Reigate—I said that I knew Mr. Tyser as a customer—he said "Oh, I have had goods of you before; it is quite right" I found that Mead Vale was a district, and so I did not think there was anything wrong with the address—believing that he was Mr. Tyser, of Parkside, Reigate, I sent off the things—they were sent down to Reigate, addressed to Mr. Tyser, by the South Eastern Railway—I gave instructions that the name in the order-book should be altered from Tyssen to Tyser, and it was altered—I have not seen anything of the cloths since nor of the money—I sent my collector down to Reigate, but he is not in London at present—I was afterwards sent for by Mr. Williams, and I saw the prisoner in a cab at London Bridge—that was the 22nd January—I had not seen or heard of him between May and January—I gave him into custody—the constable refused to detain him, because it was only a misdemeanour—he was not detained; but he promised to surrender at the Police Court the next morning—I went there, but he did not make his appearance—I got a warrant, and he was afterwards taken into custody.
Cross-examined. He had had two or three conversations previously with
my partner—I did not address the letter which was written myself—it was copied from the memorandum which the prisoner had written—it appeared to be Tyser or Lysen—it did not look like Tyser—on the last occasion I said that Mr. Tyser was a respectable man, and he did say "I have had things from you before," but he also said that he was Mr. Tyser—he said "I am the same man, and have I had things before"—Mr. Tyler's name was not in our books—it appears that he had been into our place, making inquiries about goods, and I was under the impression that his name was in the books, but on subsequent inquiry, I found I was wrong—I found Mr. Tyser's name in the Directory, and I had my hand on it at the time I spoke to the prisoner—I did not take his address down then, it had been given previously as "Mead Vale, Reigate"—Mr. Tyser's address was Parkside——the prisoner did not mention Parkside—that is the name of Mr. Tyser's house as it appears in the Directory.
Re-examined. I don't think the prisoner could see the address in the Directory from where he stood—I had it before me, and I asked him if he was Mr. George Tyser—I don't know that I mentioned the address—Mead Vale is a district, and Parkside is in that district.
EDWARD LORIMER . I live at London Road, Reigate—I have a house which belongs to me, at Mead Vale—Mead Vale is a district—I know Parkside—that is about three-quarters of a mile from Mead Vale—I know the prisoner; I let him the lease of my house in Mead Vale, in September, 1870—I have the agreement—there is no farm attached to that house, only a small garden, about half an acre—I am not aware that he had any farm there—there was no room for any carts or waggons, and there was no hay to be protected—I believe he left in November, 1871, but I did not get the release till the end of January—he promised to give up possession in November—I don't think I saw anything of him after November—I know him as George Tyson—that is how the agreement is signed—he signed that in my presence—he promised to go in November and sign a release, but he did not go till the end of January—I gave him 10l. to go, and I lost a year and a half rent—I know Mr. Tyser of Parkside—Mr. Tyser and the prisoner are not the same persons.
Cross-examined. He might have had a farm elsewhere, but I don't believe he had.
GEORGE URIAH TATE . I am warehouseman at Reigate Town station—on 26th May three packages of rick-cloths came to the station from the London Receiving House, addressed to Tysen, or Tyson—I have copied it in my book as Tysor—the address was Reigate—they remained at the station till 10th June—I know the prisoner by the name of Tyson—he came to the station two or three days after the goods had been lying there—he tore the old labels off; and re-labelled them "To Dorking station, till called for," in the name of Tyson—they were sent to Dorking station on 10th June, with other packages—when he came he walked up to the goods and said "These are my goods here," and he compared the labels with some writing he took from his pocket—he then said he wanted them all sent to Dorking—he paid the carriage that was due from London to Reigate, and I forwarded the charges on them to Dorking—my book shows from what station I received them, but not from whom—I did not get the labels, the prisoner took charge of them—I don't know where they came from, but I know that they were rick-cloths.
Cross-examined. Tysor is the name I have in my book—it was copied as
near as I could make out from the package, and I read it as Tysor—Mr. Tyson signed a receipt for the goods before they were forwarded to Dorking—I had not personally delivered goods to him till that day—I believe there was a box sent to Mr. Tyson at Mead Vale, by his order—I know Mr. Tyser of Parkside—I have not been in the habit of sending packages to him, he collects his own—the prisoner did not state that he had come on behalf of Mr. Tyser of Parkside—I said before the Magistrate that I had delivered goods to the prisoner in each name—there were some goods sent to Redhill which I should have received at Reigate—I wrote to Redhill to know whether they had received any packages in the name of Tyson or Tyser, the goods-clerk sent back word that there were some packages there for Tyson, which were for Mead Vale, and they would deliver—the prisoner never received any goods from me except the cloths—I did not deliver any other goods but those.
Re-examined. Other goods were left at Redhill station—mine is Reigate and the other is Redhill and Reigate, on the main line—on 25th May I should have received two mowers, one garden roller, and one roll of floorcloth, but they went on to Redhill—the stations are only half a mile from each other—the roll of floor-cloths came, and the prisoner signed for that, and it afterwards went to Dorking with the rick-cloths—we applied to Mr. Tyser at Parkside about the rick-cloths, and he refused to take them in.
WILLIAM LUCY . I am a shipowner, and live at Neptune Villas, Upper Grange Road, Bermondsey—I know the prisoner as Henry Cooper—he took two houses of me—the first was adjoining the present occupancy—it is called Britannia Villas—he took it at Michaelmas up to Christmas, at 10s. per week—he afterwards took the next house, which was larger, and also belonged to me, and for which he was to pay 12l. 10s. a quarter—he represented himself to be twenty years a Magistrate's clerk in Suffolk, and bailiff to the High Sheriff of Surrey, and likewise a farmer at Guildford, and that he had instructed Serjeant Ballantine and the Attorney-General, and I don't know what else—I received this letter from him, and after several interviews I showed it to him, he said it was his, and that his name was Henry Cooper. (This was a letter stating that he had called on several occasions to settle for the rent of the premises, and about one of the larger houses, and asking the witness what time he could see him; it was signed "Henry Cooper.") He was in the first house ten weeks—his wife is in possession of the second house, with savage dogs—I have to pass through his garden to the next house, and the dogs are brought out to intimidate me—the dogs jump through the window after the police.
Cross-examined. The dog has never bitten me, I don't give him a chance—I am afraid to go through his garden.
JOSEPH HARDY . I live at 314, Walworth Road—I have a house at Camden Grove, North Peckham—I knew the prisoner by the name of Brown—he took that house from me in that name, in January, 1870—he kept it about six weeks—I got about 4s. 6d. from him the first week, and the rent was given to him to go away—he gave me as a reference Mr. Tyson, Upper Camden Grove, Peckham, a large house on the opposite side of the way—I saw some woman there, either his wife or sister.
Cross-examined. She was in a respectable house—he set no savage dogs on me.
act of removing his furniture from the house—there was a van there—I asked him if his name was Henry Cooper—he said "Yes, what do you want with me?"—I said "I have a warrant for you in the name of George Tyson"—he said "Very well; come this way," pointing to a room down stairs—in that room I heard what appeared to be a savage dog, howling, and trying to get out—I said I would not allow him to go there—he said he would go, whether I wished it or not—we had a struggle in the passage for some time—I dropped a pocket-book and the warrant in the struggle, and his wife picked them up—I had a long struggle to get them away from them—I got him at last to the station—on the way the prisoner pulled out a paper and commenced to tear it up—I recovered it and joined it together—it was an agreement between William Edward Tyson and a Mr. Edwards for a house, where part of his furniture had already been removed—I found on him a key, labelled "7, Park Road"—that was the house where the furniture was being removed to—I found a quantity of property of all descriptions in both houses—it appeared to me new, and some of it was packed, as if having been recently sent.
URIAH BAKER . I am attached to the Dorking railway station—I received a package of rick-cloths from the Reigate Town station in the name of Tyson—I sent them to Bricklayers' Arms in the name of Cooper—Mr. Tyson told me to do that—I don't think I should know Mr. Tyson again—I sent four parcels to the same place.
Cross-examined. The person who came represented himself as Tyson.
GEORGE VINCE . I am warehouseman at the Bricklayers' Arms station—I received four packages from Dorking station addressed to Mr. Cooper—I delivered them to the prisoner—he handed me the order in the name of Cooper—I had about twenty packages in the name of Tyson—they were all removed at the same time—he had a conveyance there—some came from Reigate and some from Redhill—there were sixteen from Redhill, and about thirty altogether—they were all taken away at the same time.
Cross-examined. The prisoner fetched them himself.
GUILTY — Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
DINNIS MEEHAN . I live at 14, Leyton Grove, Borough, and keep a coffee-stall—on Wednesday morning, 21st February, I was at my stall in the Dover Road, and the prisoner asked me to serve him with some coffee and a slice of bread and butter, which came to 1 1/2 d.—he gave me 1s.—he was my first customer—I took the shilling to Aldridge, a costermonger, five or six feet from me, and asked him to change it—he bent it with his teeth, and said "This is a bad shilling, old man"—it had not gone out of my sight—I returned it to the prisoner, and said that it was bad; he said he was not aware of it, and gave me a good one, for which Aldridge gave me twelve pence, and I gave the prisoner 11d., which was too much—he went to Mint Street.
Prisoner. Q. What time was it? A. From 12.10 to 12, 15—I did not try the shilling, but it was tried for me—I said, at the Police Court, that I swore to you by your dress and features—I went across the road from my Coffee-stall—I did not see two men standing there.
WILLIAM ALDBRIDGE . I am a costermonger—on 21st February, about 12.15, I saw a man at Meehan's stall, and Meehan came across to me and asked me for change for a shilling—I tried it with my teeth and doubled it—in my judgment it was bad—I gave it back to Meehan—he returned to his stall, and brought me another shilling, which I tried in the same way, and it did not bend—I gave him the change in copper—I saw a man walk away from the stall—I did not see two other men there—I cannot say whether the prisoner is the man.
Prisoner. Q. When you gave change for the shilling, did you stand where you were before? A. Yes, I did not more, I stood by my barrow.
MICHAEL PEAKE (Police Serjeant M 22). On Wednesday morning, about 11.45, I was in Blackman Street, and saw Sheen and Marjoram (see next case) standing at the corner of Mint Street and Blackman Street, twenty yards from the stall—I knew them before, and had seen them together before—I walked round and had a good look at them—I heard Sheen call out across Dover Road "Now then, how long are you going to be?"—I then saw Lee come across from the coffee stall, join the other two, and walk down Blackman Street together—Lee was three or four yards from the stall when I noticed him—I went up to Meehan's stall and received information—I spoke to M 299, and followed Lee and the other two—they stood together at the corner of Princes Street, London Road—we got assistance from the police-station, and followed them to Princes Street, where they wished one another good night—Lee and Marjoram walked one way, and Sheen the other—I took Marjoram, and took him to the station—I saw M 21 take Lee—he was brought to the station, and afterwards Sheen was brought there—I searched Marjoram and found a shilling loose in his coat pocket—I said "Here is a bad shilling"—he made no answer—I found a coin in this piece of paper, took it out, and said "Here is another bad shilling"—he said "Then somebody must have put it in my pocket"—I also found 3s. 6d. in silver and 6 1/2 d. in copper—a fourth man walked away hastily—I followed him, searched him, and let him go.
MOSES DELL (Policeman M 299). On the morning of 21st February I was in Blackman Street, and saw Peake and the three prisoners—I heard Sheen say "How long longer are you going to be?" and then he came from the direction of the coffee-stall, and they all three went towards the Dover Road—I followed them past the station, where the sergeant went inside, and I followed the prisoners with sergeants 21 and 22—I tried to get in front of them, and saw them go down a court—I took Sheen in custody, searched him at the station, and found 3s. 7d. in silver, and a half-penny good money.
Prisoner. Q. Did you see me at the coffee-stall? A. A few yards from it—I followed you to Blackman Street, and then lost sight of you.
WILLIAM BACK (Police Sergeant M 21). I took Lee, and told him the charge—he made no answer—I said "What have you about you?"—he handed me 7s. 3d. in silver—there was a florin, eight sixpences, and a 3d. piece—I found 9d. in copper in his breast pocket—he said, at the station, that he was not the man who uttered the coin.
Prisoner. Q. How far did you follow us? A. Nearly half a mile—we
were about 30 yards from you—you might have got away if you thought proper—we got to the station at 12.35.
Prisoner's Defence. The first witness says that he did not try the shilling, and yet he charges me with passing a bad one. Next he says that the other witness stood alongside his barrow, but the other witness says that he did not move from his barrow at all. I am going to tell you how I came into the other two prisoners' company. I was drinking at the Prince of Wales, but had not spoken to them. When they ran down the London Road, I asked them what was the matter, and these two policemen came up; and if I had known there was any bad coin in their pockets I should have run away.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution; and MR. HORACE BROWN appeared for Marjoram.
Sheen. Q. Did not I say that I would sooner give a man a shilling than utter a counterfeit shilling? A. No.
Sheen. Q. Were you present in January, when I went to the police-station at Stone's End, and asked for the sergeant's wife? A. Yes—I did not then threaten that you should not be at liberty in a month's time.
ANNIE FULLER . I am the wife of Robert James Fuller, who keeps a beer-house in John's Terrace, Blue Anchor Road—on 22nd December I served Sheen with a glass of ale, which came to 1 1/2 d.—he gave me a half-crown—I did not think it was good, but I gave him the change, and placed it in a corner of the till—there was no silver near it, but there was another half-crown on the other side—the prisoner left, and I took it to my husband—uot five minutes afterwards a constable was sent for, and Sheen was brought back in custody—I am sure he is the man—I told him the half-crown was bad—he said he was not aware of it, and offered to pay me in good money.
Sheen. Q. Is it impossible for money to shift in opening and closing the till? A. No, but it did not shift—you did not tell me when you came back that you did not know it was counterfeit, and you had just taken it.
ROBERT JAMES FULLER . The last witness is my wife—on 22nd December she showed me a half-crown, when I was in the cellar—I found it was bad, and gave information, and Sheen was brought back in custody—I attended on the day of the remand, when he was discharged.
Sheen. Q. When I came back with the constable, what did I say? A. That you believed it was a good one.
"What is the matter?" and dropped two stones, and said "I will knock the b—'s brains out "—Marjoram was ten or twelve yards in front of him—he passed me and went away round the corner as quick as he could go—I was in uniform—I received this half-crown from Mr. Fuller—Sheen was remanded for a week, and discharged.
Sheen. Q. Did not I tell you I did not know it was a counterfeit coin, and I had just taken it? A. No; you gave your address at a coffee-shop—I did not make enquiries for any other individual—I did not enquire for your brother; I did not know you had one.
Cross-examined. I have not made a mistake—I did not go and look for someone else—I enquired for Sheen, no one else—I had not got Marjoram at the Police Court, but I was quite positive of his passing me.
MR. H. BROWN to M. PEAKE Q. Did Marjoram go quietly? A. Yes; I did not handcuff him; I laid hold of his arm as I stood on his left—the coppers were in one pocket and the silver in another.
Witness for Sheen.
EMILY WALKER . On 21st December Sheen stayed with me all night in Bermondsey, and on the 22nd we went to a public-house, and had something to drink—he changed a half-sovereign, and we had a quartern of port wine—he had three half-crowns and sixpence left—he gave me two half-crowns, and I left him to go home—a short time after that I saw him with a constable.
Sheen to WILLIAM CURTIS. Q. What did you find on me? A. Three shillings, a sixpence, and a fourpenny piece—that was after you had given the half-crown back.
Sheen's Defence. The female states that I changed a half-sovereign, and gave her two half-crowns; that left me with one half-crown, a sixpence, and a fourpenny bit. The 8d. which I spent in wine would exactly make the half-sovereign, and there was not a farthing more found on me. It matters not to the policeman whether persons are convicted, so long as he gets them convicted. I should have escaped when I had the opportunity if I had been guilty. Colonel Henderson has the police to back him, and supplies them with funds to commit perjury. A man cannot come here and get justice. It is only proved that there was one piece, and that I did not utter with a guilty knowledge; and I have never been convicted of tendering counterfeit coin.
Sheen and Marjoram were further charged with having been convicted of larceny, Sheen in May, 1868, and Marjoram in November, 1870, to which they both
PLEADED GUILTY— Two Years' Imprisonment each.
LEE— Five Years' Penal Servitude.
MR. WHITELEY conducted the Prosecution; and MR. HORACE BROWN the Defence.
GEORGE RANGER (Detective Sergeant P). I obtained a search warrant from the Commissioners of Police, under the Act of Parliament, to search the prisoner's house—I went there on the 25th with Berry and two other officers in uniform, No. 1, Pleasant Row, Walworth—I found him and his
wife in bed, in the first-floor front room—I remained down stairs, Berry went up—the prisoner came down—I said "You know me, of course"—he said "Yes, Mr. Ranger"—I said "I am come here to search your house, for I suspect there is stolen property"—I read the warrant to him—he said "Everything here belongs to me"—I saw he was very uneasy in his trowsers pocket—I said "What have you got?"—after some little time he gave me this purse, containing 4l. 10s. in gold, two French coins, and a five franc note—I went up stairs and he followed—I saw a blue silk dress lying on the sofa—I said, "How do you account for that dress?"—his wife said "It is mine"—he said "We bought it in Paris"—he wrote something on a piece of paper and gave it to his wife and said "That is where you bought it, my dear"—he spoke to her in French, but he said that in English.
Cross-examined. The dress was found by Berry—it was on the sofa when I saw it.
THOMAS BERRY (Detective Officer P). I went with Ranger to the prisoner's house—I went up stairs—the prisoner let me in—I told him who I was, and I had come with a warrant to search his house—he went down stairs—after they were dressed I found this silk dress in a tin box at the foot of the bed—the prisoner came up again and the female said to him "The police want to know where I got this dress from; I told them I bought it in Paris"—he said "That is right, my dear"—he went down stairs, and returned with a piece of paper—he said something to his wife—I don't remember what he said.
Cross-examined. I believe Ranger was there at the time—I do not understand French—I thought he said "de Paris" or something—she said, in English, that she bought it in Paris, and so did the prisoner afterwards.
FANNY FREEMAN . (The witness being deaf and dumb, her evidence was interpreted.) I am the wife of Benjamin Freeman, of Fulham; he is an engraver—on the morning of the 12th February I went out about 12 o'clock—I returned at 8 o'clock, when I went to bed, about 11 o'clock, I missed several things, amongst others a dress—this (produced) is it—I was married on 30th October, 1869—this is my wedding dress—it was made by my sister—she cut it out and I helped to make it—I am quite certain this is the dress—I know it by the trimming—it is in the same state now as it was when I lost it—there have been no alterations made in it that I can see—the boddice is different, and it is very dirty now, and this watch-pocket has been placed since—the lining under the arm is different—when I went up to bed I found the room untidy.
Cross-examined. I did not find any signs of the house being entered—four persons live in the house—myself, husband, and two children—the dress was kept in a box unlocked—I had seen it last on the same day—I missed other articles at the same time—Ranger has a list of the things, there was a light grey summer overcoat, a pair of trowsers, three vests, and a set of studs, and also a black silk jacket, and a toilet cloth.
JULIA SMITH . I am sister to Mrs. Freeman—I live at 2, St. Philip's Terrace, Kensington—I helped to make it for my sister on her marriage, on 30th October, two years ago—I cut it out and planned and arranged it—I know it by the peculiar make and trimming—it was my own idea—I recognise the buttons and every part of it—it has been altered, the skirt was separate from the boddice, it is now joined and a watch pocket has been put to it, and some lining in the sleeves—that is the only alteration, I believe.
Cross-examined. I saw it about two or three months before it was taken—not on my sister—I paid a visit to the house and saw it—I have frequently seen dresses like it; it is an ordinary silk—I have some pieces of the silk in my pocket—the trimming is quite ordinary trimming, and the buttons also—I kept the pieces, the sleeves were made a little too long, and these pieces were cut off and you will find they exactly fit.
Re-examined. My sister had the pieces, and produced them—I have not the least doubt that that is the dress.
HENRY PENFOLD . I am a porter at Kensington Hall, North End, Fulham—it is a branch of the Kensington Workhouse—I have been there two and a half years—I lived at the lodge—on the 12th February I was standing about the gate—it is near No. 1, Alfred Cottages—I saw the prisoner there—I can swear to him—I knew the people who lived there were deaf and dumb, but not their names—it was between 2 and 3 o'clock in the afternoon—I only saw him a few minutes; he was with two other men, one on each side—I did not see him again—I took notice of him—I did not suspect anything wrong—I next saw him at Lambeth Police Station, with seven others of all ages and sizes, and I identified him—I have not the least doubt on the subject.
Cross-examined. I stood to look at them, not long—no one was with me—the constable came and asked me if I had seen any men loitering about—I am engaged on duty there, to walk about the ground—it was from 2.30 to 2.45 that I saw the prisoner—I fancy I had seen him before—there was nothing particular in his conduct or appearance—I had no idea of anything wrong.
GEORGE RANGER (re-examined). I served a notice on the prisoner on 30th March, of which I produce a copy—I served it personally—one of my inspectors drew the notice, and I signed it—it was submitted to the superintendent and sent out from his office. (This evidence was tendered under the provisions of 34 & 35 Vic. c. 111 Sec. 19, [The Prevention of Crime Act.] MR. BROWN referred to the wording of the notice as being insufficient. THE COURT, while expressing some doubt as to its admissibility, received the evidence.) I produce the official record of a previous conviction of the prisoner, signed by Mr. Avory. (This certified the conviction of James Bristow at this Court on 16th August, 1869, of housebreaking. Sentence, nine months' imprisonment) The prisoner is the person.
Cross-examined. I took possession of some peices of silk, at the prisoner's house on this occasion, and produce them.
Witnesses for the Defence.
WILLIAM MARDALL . I am clerk to Mr. Gearns, auctioneer and public-house broker, of 12, Finsbury Square—I remember the prisoner calling there on 12th February—it is my custom to put down in a call-book the names of persons who call, and to register it in duplicate on the ticket to view which we give them—I produce our "order to view" book—this entry on 12th February, is in my writing—I can swear it was between 12 and 2 o'clock that the prisoner called, and I should think it was about 1 o'clock he had an order to view two public-houses, one at Walton, and the other at Sutton—I don't know whether he afterwtrds took either of them; that was the only time I saw him—he was with me about ten minutes.
ROBERT BRISTOW . I am the prisoner's father, and live in Belgrave Place, East Street, Walworth—I remember Monday, 12th February, I am sorry to say, for the prisoner and his wife had a severe quarrel that day, about the time of his coming home to dinner—he had appointed to come home at 1 o'clock, and it was between 2.30 and 2.40 when he came—his wife is very passionate, and I thought they would have a fight.
Cross-examined. I have been a licensed victualler for many years—I am now a house decorator and painter—the prisoner has been a barman, that was about three years ago—what he has been since then, perhaps he is better able to answer than I am—I know he has been an interpreter to a gentleman some considerable time—I know it was between 2.30 and 2.40 when he came in, because of the quarrel with his wife—he brought in with him an order to view two public-houses, one at Walton, and one at Sutton, and he afterwards took the Rose and Crown at Lambeth.
Re-examined. He speaks French well—he has been in Paris recently—he has been at work since he come out of gaol trying to get an honest living—I have been attending here all this session—I know Mrs. Harper, a milliner and dressmaker from Paris—she is not here to-day, she has been here all the past days—I understand she was compelled to leave yesterday.
GUILTY of Receiving.
PLEADED GUILTY to the previous conviction in August, 1869.
Two Years' Imprisonment.
Before Mr. Justice Quain.
MR. COOPER conducted the Prosecution; and MR. GRIFFTHS the Defence.
THOMAS BRADY (Police Inspector W). On the night of 31st January this year, about 9.30 or 9.45, I was sent for by the Fire Brigade to a small fish shop kept by James Lawrence at 133, Larkhall Lane, Clapham—I went into the front room, first floor, with Mr. Dangerfield, of the Volunteer Fire Brigade, which is close to the house—I found a bedstead with the tick, apparently without sheets or blankets, and very much burnt—I did not discover the remains of any sheets or blankets—there was a washhand stand, very much burnt, close to the bedstead—the room measured about 8 feet by 7—the floor was strewn with paper of a description similar to these advertising placards (produced), a great deal of which was very much burnt—I marked this one at the time in the presence of the Fire Brigade—the paper smelt as if paraffin, or some oily substance, had been on it—it has that smell even now—there was a japan wood chest of drawers on the right going into the room, some of which were open, on the top of which I noticed the remains of what appeared to be a paraffin lamp, broken—I discovered the receptacle for the fluid of that lamp—there was a large heap of paper by the drawers, which was not burnt at the bottom, and I think it had caught fire from the top—the door of a cupboard was very much burnt; and in the left-hand corner of the room, at the other side of the fireplace, was a table under which were the remains of similar paper, all burnt—there were marks of fire all over the place—there was a quantity of paper on the landing—this (produced) is a portion of it—it is burnt—I think the door was open, but it had been opened by the firemen—there was no track of paper or of burning from
one room to the other—on entering the back room I found marks of fire all over the place—the foot boards were very much burnt, and the inside of the door also—under the bed and all over the room was similar paper, very much burnt—I went down stairs to the ground floor, and in a cupboard under the stairs two sticks were put crossways, behind which was piled a lot of broken wood and similar paper, and at the bottom of all was a wicker-work sieve, such as potatoes or vegetables might be put into—it had not been on fire—I saw the prisoner John in the shop, and Mary in the parlour—I asked John where his father was—he said he did not know, he supposed he had gone to get some beer, and that he had not been out himself since 4 o'clock in the afternoon—the fire appeared recent, as far as my judgment goes—I found James Goddard leaving the public-house—he was taken before a Magistrate, and discharged—I asked Mary if she could account for the fire—she said that she had been airing a sheet up stairs in the front bedroom, the room I first described—I said "How can that be; there are no remains of any sheet?"—she did not say that the sheet took fire—she left the rest to inference—they were all three taken to the station, and charged on suspicion of having set fire to the house.
Cross-examined. This has been standing over so long that my memory is not accurate as to the words—I will not swear that I told the Magistrate about paper being accumulated in a heap, or being under the drawers and bed—the front room is a very short distance from the back room; it is within a foot or two—coming up stairs, there is a door into the front room, facing you—the door of the front room is not opposite the door of the back room; it is angular—the two doors are a foot or a foot and a half apart; but at the other end perhaps it would be 2 feet—the fire was out when I went there—I believe there had been a fire in the grate in the front room—I found similar paper in the shop; it is used for wrapping up fish—the old man told me he used a great deal of paper for that purpose—when I mentioned the paper having an oily substance on it, he did not say that I was mistaken, and that the oil was from the fish—I do not recollect hearing that remark made by anyone—I do not think I mentioned before the Magistrate that there were two sticks carefully placed in the cupboard—I should think if a match had been set to that the house would nave been burnt down almost directly—it is a very old house—the female prisoner did not tell me that the children had been playing about there the whole day—I have not known the prisoners any time, but occasionally I have seen the male prisoner—I have been told that the female prisoner has grandchildren—I have not been told that the children were playing about that very afternoon with paper—if you wish me to tell you what I have been told I will tell you, and that is that they were sent to the theatre—the female prisoner had been drinking.
FREDERICK MILLER . I live at 28, Clifton Street, Clapham, and am cashier and secretary to the Volunteer Fire Brigade—it is a private society—on 31st January, about 9.50, I went to this fish-shop, and found a mass of something burning on the landing, which prevented my going further—it was a great quantity of paper, like this produced—the front bedroom I could see was alight, but the back bedroom door was closed.
Cross-examined. There was a good deal of smoke, and I could not very well see—I could not go any further—the paper was blazing.
and am superintendent of the same brigade—on 31st January, about 9.50, I went to the fish-shop—I got there before the secretary—I discovered the fire, and immediately got a hand pump—the shop was entirely open—there is no sash; it is an open front—there were a few fish there—I went halfway up stairs, but could not get further, as the paper was in full blaze—I extinguished it, and went to the front room, and then to the back room—the bed, bedding, and palliasse were well alight—the palliasse was stuffed with straw and shavings—the bedstead was against the wall, and I had to pull it away to get the fire out—there was paper on the bed—the room door was closed when I went in—the bedstead was behind the door; you could only open the door at an angle of 45 degrees, because it came against the bedstead; it partially blocked the door—the paint on the outside of the door, on the landing, was a little blistered by the heat inside—the doors were about an inch and a half thick.
Cross-examined. The front room door was open; the back room door was not hasped, but it was to; I can swear it was not open—they are very old doors—I found a good deal of paper in both rooms—when I was lying by the side of the paper it lit up again, and I had to knock it out with my elbow—the bedstead in the front room was six or seven feet from the fireplace—the room is ten or eleven feet broad, and about thirteen feet long—the other room is smaller, because the width of the passage is taken out—paper with oil on it will not blaze rather strongly, it wants a great heat to burn paraffin—other oils will burn and blaze pretty well—paper will burn better with oil on it than without—we have been private firemen since 1866—when I was working on the landing I pushed the back room door open with my elbow a little—going into the front bedroom the fireplace is on the extreme right and the windows in front, one of which was open—the foot of the bed was in front of the fireplace—as far as my judgment goes, there were two independent fires—there was no communication between the two, the door was closed—there was no fire down stairs—the paper was all crumpled up, and put all about the place, under the bed, table, and drawers—I cannot say that there was paper under the bed in the back room, but there was under the wash-hand stand—paper was lying about the well-hole of the stairs—(there is no door to the stairs) that was on fire before I went up, I had to extinguish it before I could get by—the framework of a bedstead was there, as if for stowage—the fire on the stairs could not communicate with the materials in the cupboard beneath until the flooring was burnt away—it appears that this cupboard was used for stowing away wood and paper—I can form no judgment whether the materials were put there carelessly or artificially—I had more to do with the part that was on fire.
JOHN BAILEY . I am sub-engineer of the Metropolitan Fire Brigade—I went to the house at a few minutes past 10, and found Miller there—the fire was extinguished—I found the two prisoners in the down stairs parlour, and asked them whether they knew the cause of the fire—Mary said that the only way she could account for it was by airing a sheet before the fire—my senior officer, Gerard, then came in.
GEORGE GERARD . I arrived at this shop at 10.15, and examined the place—I think the fire originated under the table in the right-hand corner of the front bedroom—I asked the prisoner Mary if she had any idea how the fire originated—she said that her husband would lay all the blame on her—I said "How did the fire occur?"—she said that she had been working that day, and had been airing a sheet—I said "Did you air it before the
fire?"—she said "Yes"—I said "There is no appearance of a sheet here or of what you were airing it upon; a sheet would leave a considerable quantity of tinder on the floor"—she said that she could not account for the fire unless the paraffin lamp had exploded—in the meantime her son John came up, and I asked him if he could give me any explanation about the origin of the fire—he said "No; he had not been up stairs since the afternoon"—I told Mary that it looked very bad seeing the quantity of paper there was about—she said that that was all she knew about it—I examined the back room; there had been a quantity of this kind of paper under the bed, and there was some under a wash-hand stand, which was not consumed—I have had twenty-four years' experience of fires—there was no communication between the fire in the front room and the fire in the back room—I think there must have been some active act in either room.
Cross-examined. I presume one or two people had been in the room before me; water had been used, and the fire was entirely out—when the hose is turned on, the ashes of the paper would be driven before it—the back room is very small, and the bedstead nearly fits it—there was a chair near the front window, which was nearly burnt—the door that was burnt was 3 or 4 feet from the grate—there was no appearance of fire round the grate, but there was a small fire in the grate when I arrived—there was a chair close to the front-room window, 3 or 4 feet from the grate, which was nearly burnt—there are two windows—there was a table in the recess by the fireplace, and paper tinder under it—further on was another table and chair—the table wag between the burnt chair and the fireplace, but in the recess—the under part of the table was scorched—there was plenty of paper on the landing, and plenty in both rooms—Mary had been drinking; in fact all of them had.
Re-examined. If a hose had been used it would have driven the burnt paper into the front room, but not into the back.
MR. COOPER to THOMAS BRADY. Q. Did you serve a notice on the prisoner to produce the policy? A. Yes, in the presence of Thomas, the gaoler—I also served one on James Goddard—I did not serve one on the Guardian Office, but the clerk was examined before the Magistrate, and bound over.
Cross-examined. James Goddard said that it was impossible for him to produce that which he had not got—he did not at that time say that it was burnt, but he has said so.
JOHN MCCLOSS . I am surveyor to the Guardian Fire Office, 11, Lombard Street—I produce a copy of a policy of insurance in the name of James Goddard, 103, Larkhall Lane, Clapham, for 300l., dated 10th January, 1871, and paid to Christmas, 1872.
JOHN ALFRED RUTTER . I am a clerk in the Guardian Office—I took this copy of the policy from the policy itself before sending it to the assured—it is in the writing of a gentleman, who, if I recollect rightly, is not at present in our office, but I examined the copy, and my initials are over it—as far as I can judge from this book, there was no policy before this.
Cross-examined. It was taken out on 10th January, 1871, and would run out at Christmas, 1871—it was renewed on 29th December, 1871, until Christmas, 1872—it is in the name of James Goddard.
JOHN MC CLOSS (re-examined). I gave him the policy on Monday, 5th February—I have had thirty-five to forty years' experience in fires—I have examined the rooms, and in my opinion a fire lighted in one room could not
go to the other—the fire in the front room burnt the door both inside and out, and the rabbet round, but the back room was only burnt on the inside—I examined the edge of the back room door particularly, to see whether there was a possibility of it getting through the crack, but there did not appear to be the slightest appearance of it; and I should say distinctly that the door must have been shut—there was a toilet cover on the drawers on which the paraffin lamp stood, the fringe of which was a little scorched, but not the top—under that chest of drawers was a considerable quantity of crumpled paper—the house at that time was in the possession of the salvage corps—a quantity of burnt paper of this description was under the washhand stand in the front room—it was not entirely tinder—in a cupboard under the stairs was a sieve turned edgeways, on top of which was a large quantity of crumpled paper, and some wood like part of a packing-case, and a pole was put across, to keep the wood from tumbling out—the materials were most carefully put up and intermingled in a very light manner—that is my decided opinion—I examined all the furniture; it was worth about 40l.—that was the outside price; not that I think it would sell for that—the policy is for 100l. on the furniture, and 200l. on the building.
Cross-examined. It would not have taken long to burn the house down, if a light had been set to the materials in the cupboard—the cupboard was a likely place for them to keep their firewood—I examined under the doors of the front and back-rooms—I do not think the draught from the front room would have ignited the paper on the landing—if such a thing had occurred no doubt the inside of the front room would be scorched—if there had been a width under the door the strongest part of the fire would have been there, and it would have shown itself—the first room door was no doubt open, it was burnt on both sides—you may fairly assume that there was paper close to it, there was charred paper on the landing—there was plenty of paper inside the front room—I can say pretty clearly that the back room door was closed, there was a little scale of paint about the size of a 5s. piece on the outside, but I don't think it was through fire—fire would give a little colouring to it—if it was not warm enough to blister it and not discolour—it was blistered—there is a fireplace in that room, facing you as you go in—I do not know whether one of the first room windows was open.
THOMAS MEEHAN . I am foreman of the London Salvage Corps—on 8th February, I went to this house and examined the two rooms up stairs, front and back—in my opinion a fire occurring in one room could not have communicated itself to the other—there must have been two separate fires, one in each room.
Cross-examined. I went to see it eight days after the fire.
WILLIAM HENRY MABERLEY . I live at 19, Corlard Grove, Clapham—on 31st January, I saw flames coming from the upper part of the window over the fish-shop, about 9.30—they licked up about a foot higher than the house—I went into the shop and told Mrs. Goddard, who was standing in the room behind the shop with her son, that the place was on fire—she said she was sure it was not her place on fire.
Cross-examined. A fire-engine stands next door but one.
was then in the dock "Oh, you know it was all through that property"—he made no answer—she afterwards said "My son and my husband shall not suffer for this, for I took the lamp up stairs."
Cross-examined. She was very excited and tipsy.
COURT. Q. When was this? A. On the same day when the alarm was given—several constables were there before I arrived—the excitement was when I first took her, and likewise at the station.
MR. COOPER to THOMAS BRADY. Q. Did you examine the window of the front room? A. I have seen it—I noticed that it had been left down a few inches, because the top of the window was charred.
COURT. Q. What is the name over the door? A. "James Goddard"—his son John assists him—James is 55, and John 21—I have noticed the name there eighteen months or two years—the estate belongs to Hanbury the bankers.
SAMUEL GODDARD . I am a furniture dealer, of High Street, near Brentford—James Goddard is my cousin—he bought that house, and he and his wife carried on the fish trade there—the male prisoner lived with them, and assisted them, and another younger son.
Cross-examined. They are highly respectable—I have known them all my life—they have grandchildren, who play about the house sometimes, and who were on a visit there that very day—they purchased the house three or four years back, and have lived in it ever since.
The Prisoners' Statements before the Magistrate. Mary Goddard says: "Several things are false. I never said what the inspector says I said in the dock. I took the sheet which I was airing off the chair and threw it on the bed. As for the paper lying about, my grand children have been playing about. I am innocent. When the boy told me about the fire I did not know of it." John Goddard says: "When I saw the firemen in the house I kept fetching water for them till it was put out."
COURT (to J. MC CLOSS). Q. Did you examine the paper, and do you think there was any oil or other matter put on it? A. I should not like to go so far, because in paper of this low class the ink has all kinds of smells.
GUILTY.—Recommended to mercy by the Jury on account of their previous good character.
MARY— Six Months' Imprisonment. JOHN— Three Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
JOSEPH OSBORNE . I live at Dunstable—I have seen the two horses in the green yard, under the care of McGillicuddy—they are mine—I saw them safe about 6 o'clock p.m. on 31st March—I had given no authority for them to go away—they are worth 50l., perhaps more—I had seen Smith at Dunstable.
GEORGE HUNT . I am in Mr. Osborne's employ—I have seen the horses in the green yard—they are his—I have been in the habit of attending to them—I last saw them at 8 o'clock on Saturday night the 31st March—I went to the stables at 7 o'clock a.m. on Sunday, and they were gone—I
tracked them across the meadows into the road—I am sure they could not have got loose, because they were buckled up—I had seen Smith in Dunstable once.
BENJAMIN GEORGE . I am superintendent of police at Dunstable—on the morning of the 31st March I received information of this robbery—I went to the premises and traced the horses across some fields into the road, and thence in the direction of London—I saw Goulty on the previous night, in High Street, Dunstable—he was then carrying a saddle and some bridles—I noticed that the saddle had a white patch upon it, precisely like this (produced)—I have noticed both prisoners in the town—they have been staying in a travelling van near the town—I have seen them in connection with horse dealers.
FLORENCE MC GILLICUDDY (Police Sergeant). In consequence of a telegram I received on the evening of the 31st March, I went to the Waterloo Road—I saw Smith riding a horse and leading another—I was in uniform, and he saw me—he went as far as the gates of the railway station, and then trotted very fast up to the station—he got off the horse, and ran across the platform, leaving the horse in charge of a porter—I went after him, but missed him, and I then returned to the horse, and both Smith and Goulty were there—I asked Smith where he got the horses from—he said he did not have the horses, that he came from another man to fetch them to the other side of the platform—I told him I recognised him as the man who had brought the horses—he said he was not—Goulty was there—I took them to the station, and the horses to the greenyard.
ALEXANDER STEWART (Policeman L 4). I was with the last witness—I saw Smith riding a horse and leading another—I was within ten yards of him—I went with McGillicuddy to the railway platform—Smith jumped from the horse, and went on to the platform—I heard Smith say to Goulty. "Those are the horses"—Goulty was carrying a horseshoe—that shoe corresponded with one one of the horses had lost—Smith said he was going to take the horses round to a man on the other side, who was going to Romsey Market.
WILLIAM MOSELEY . I am a porter at the Waterloo station—on the morning of 31st March, a man came up to me on the Southampton arrival platform, with some horses—I cannot identify him—he said, "Just take hold of these horses while I go on the other side"—he returned with another man, and said "That is them"—two policemen then came up.
Witnesses for Smith.
JAMES COOPER . I am a hawker—I have known Smith three weeks or a month—about 6.30 p.m. on 30th March, he was in my company at my house, Thomas Street, Chambers Street, Stepney—we went to a concert, and returned about 11.30—he slept in my house, and had breakfast with us the following morning.
Cross-examined by MR. BROWNE. Q. Did you tell the policeman you did not know him? A. No—policeman 4 L did not come to my house and ask me if I knew Smith—I am a hawker in the china and glass trade—my wife was at home.
a concert at Mile End Gate—I met them there—we all returned together—he slept with my husband—he had breakfast with us on Sunday, and left between 11 and 12 o'clock.
GUILTY — Eighteen Months' Imprisonment each.
MR. HOLLINGS conducted the Prosecution.
WILLIAM HORNBY . I am a salesman at 8, Borough Market—on Thursday, the 27th February, the female prisoner came to me and asked if I wanted to buy an umbrella—I said I did not—she then asked if I had anything that wanted mending—I said I had, and I fetched my umbrella—she said she would do it for 6d., and it would only take two or three minutes to mend—when I turned my head she was gone—there was nothing said about her taking it away to do—I gave 14s. 6d. for the umbrella—after she was remanded the male prisoner came and asked if I got the umbrella back, whether that would settle the case—I said "I will see about it," and I communicated with the police—he came again with it, and I told the beadle to take him to Stone's End station.
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 6TH, 1872.