CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 16TH, 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, December 16th, 1872, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW , KNT, LORD MAYOR of the City of London; The Hon. Sir WILLIAM BALIOL BRETT, Knt., one of the Justices of Her Majesty's Court of Common Pleas; The Hon. Sir JOHN RICHARD QUAIN, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS QUESTED FINNIS., Esq., WILLIAM LAWRENCE , Esq., M.P., Sir JAMES CLARKE LAWRENCE , Bart., M.P., and FRANCIS WILLIAM TRUSCOTT, Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City (acting as DeputyRecorder); and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WATERLOW, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they art 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, December 16th, 1872.
Before Mr. Deputy Recorder.
MR. METCALFE for the Protection offered no evidence.
NOT GUILTY .
MR. DE MICHALE and MR. GLYN conducted the Prosecution.
JAMES NORRIS CLEMENTS . I am assistant to Messrs. Waterlow, stationers, London Wall—on 19th November, about 12.30, the prisoner came into the shop and asked for a sheet of penny postage stamps—I gave them to him, and he tendered a coin which purported to be a sovereign—this is it (produced)—I found it to be light—I asked the prisoner to stop—he made no reply, but opened the door and ran out into London Wall, taking the stamps with him—he ran as fast as he possibly could—when he got a short distance ho dropped the stamps—I picked them up, went after him, and caught him—I said "Come back"—he said he did not know it was a bad one—I had not said anything to him about it—I took him back to the warehouse, and gave him in charge to a constable with the coin.
Prisoner. Q. Did you not say it was a bad one? A. No; I swear that.
EDWIN ARTHUR (City Policeman 139). I was called to Messrs. Waterlow's premises on 19th November, and Mr. Clements gave me this counterfeit sovereign, which I produce—I took the prisoner into custody—I told him the charge—he said he was not aware it was a bad one—he said "Pray don't lock me up, I have got a sick father at home—he said that a gentleman had held his coat outside while he went in to get the stamps, and when he ran out the gentleman ran away—I found 6d., and 3 3/4 d. on him.
Prisoner's Defence. I came out of my father's house in the morning and passed by the Alderman's shop; a gentleman stopped me, and asked if I wanted to earn 6d. I said "Yes." He said "Will you go into Alderman
Waterlow's to get me a sheet of stamps?" I said "I don't mind." He said "Lend me your coat, that will make you look like a shop chap." I went in, and when I came out the gentleman was gone, and I dropped the stamps and ran away.
GUILTY .— Six Months' Imprisonment.
MR. STRAIGHT conducted the Prosecution.
NOT GUILTY .
MR. LILLEY conducted the Prosecution; and MESSRS. BESLEY and STRAIGHT
ERNEST MASON . I am a shopman in the employ of Samuel Lewis, draper, of Holborn Bars—on the afternoon of 2nd December the prisoners came there—in consequence of what the manager, Mr. Phillips, said, I watched them—I saw Should take a piece of silk, roll it up, take it off the counter and put it underneath her shawl or cloak, and Lee took up another piece of silk open so as to hide what Should was doing—the manager, who was watching with me, went down to them; they were sitting at the counter—I had been watching them from the warehouse on the first floor—we have some glass counters there which we can look through and see all that is going on down below in the shop—we were directly above them—I could see everything quite plain—a young man named Jones was serving them—when Mr. Phillips went down and spoke to the prisoners they both rose up from their chairs, and this piece of silk dropped down at Should's feet—Mr. Phillips picked it up—there is 49 yards of it—it is worth 6l. 16s.—a constable was sent for, and the prisoners were given into custody.
Cross-examined by MR. BESLEY. Should had been there the week before, and she called on this day to pay some money, the balance of some goods which she had bought previously—I heard Mr. Jones ask them to go into the warehouse—they rose up at once—I think I was watching them rather more than five minutes—there were at least a dozen customers' in the shop, and about four or five assistants—it was shortly after 4 o'clock—the gas was alight—it is not a very large shop—we keep about forty hands.
Cross-examined by MR. STRAIGHT. There might have been five or six pieces of silk in front of the prisoners, and Jones was serving them—he is not here—he was not at the Police Court—he saw nothing of it.
Re-examined. I could see distinctly what was going on—Jones was not serving any other persons than the prisoners—this happened while he was away from the counter.
THOMAS PHILLIPS . I am manager to Mr. Lewis—On 2nd December, about 4 o'clock in the afternoon, I was up stairs in the warehouse—in consequence of seeing the prisoners I gave instructions to Mason, and with him I watched them from the first-floor—I was about three yards from them—looking straight down I had a complete view of them—Jones was serving them—there were several pieces of silk opened on the counter before them—Jones went away for a minute—during his absence this piece of silk was upon the counter under others—Should rose it up and placed it on her elbow, she placed her arm in that way, and Lee placed a piece of silk so as to shield what she was doing—Should placed the silk under her waterproof cloak and concealed it—on seeing that I went down stairs, removed all the
silk from the counter, and told the on to come into the warehouse with me—as they got up the silk dropped from its concealment from Should on the floor—I picked it up, and told them I should give them in charge for stealing this piece of silk, and I asked them what they had done with the piece of silk that they had stolen on Thursday, the 28th—they said they were not guilty—I said, "It is no use talking to me in that way, you must wait till Mr. Lewis comes in, and see what he says"—Mr. Lewis came in just at the time—I told him the matter, and he said, "Give them in charge."
Cross-examined by Mr. BESLEY. I was only looking at these two persons—I mentioned at Guildhall about their stealing something on the Thursday, but it was not put down.
Cross-examined by Mr. STRAIGHT. The prisoners were together on the former occasion—the silks they were looking at were various colours, six or seven pieces—this piece contains about four dresses.
Re-examined. The morning after they were there before I missed a piece of silk 4 1/2 yards long.
WILLIAM FARR (City Policeman 254). The prisoners were given into my custody—I took them to the station with assistance—they were searched; two sovereigns and 2 1/2 d. and a purse were found on Should, and on Lee half-a-crown, a key, and small penknife—Lee gave her right address—Should refused hers.
NOT GUILTY .
MR. WARNER SLEIGH conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY ARTHUR HOPKINS . I am a stationer, of 430, Oxford Street—the prisoner was in my service as messenger and porter up to the time of this charge—he had no authority to open letters and receive money without positive instructions—on 14th November I received a communication from Mr. Sears, of Lee Green, in consequence of which I went to a post-office at 26, Oxford Street (I had previously been to another), and there saw Mr: Lee, who made a communication to me and described a person; in consequence of that I gave the prisoner into custody—Mr. Lee showed me this Post Office order; it bean my name—it is not my writing—I could not swear it was the prisoner's—I have never received the money for it—I never gave any one authority to receive the proceeds.
Cross-examined. The prisoner was in my employment about four months—I have not seen him write, he was only a porter—I have not the slightest idea whose writing it is.
Re-examined. The prisoner was sent out on Wednesday evening, 12th November, after 4 o'clock—he had a small brown paper parcel with him.
JOSEPH LEE . I am a clerk in the post-office at 26, Oxford Street—I had seen the prisoner several times before 12th November—he came in on Wednesday, the 13th, with this order, and wished to have the money for it—I told him it was too late, it was after hours—I told him to come next morning—he came next morning—the order was signed when he brought it—he did not sign it in my presence—I paid him 2l. 11s. for it—on the Thursday Mr. Hopkins came to the office—I gave him a description of the prisoner, and showed him the order—I afterwards saw the prisoner in the yard at the back of the Police Court with five or six others, and I picked him out—he had a brown paper parcel with him on the Wednesday.
Cross-examined. I said before the Magistrate that to the best of my belief the prisoner was the man; that is what I mean now—I don't mean to go further than that.
Re-examined. I have no moral doubt about his being the man except this: that a great many persons present orders to me, but his coming late and my answering him rather sharply drew my attention to him, and his coming again on the Thursday morning and my paying him the order was further proof that he was the lad.
NOT GUILTY .
NEW COURT.—Monday, December 16, 1872.
Before Robert Malcolm Kerr, Esq.
49. ALFRED JOHN MORSS (16) , to burglariously breaking and entering the dwelling-house of John Bateman, and stealing therein two planes, his property, also to burglariously breaking and entering the dwelling-house of George Jones, and stealing one watch and one glazier's diamond, his goods— One Month in Newgate and Three Years' in Feltham Reformatory. [Pleaded guilty: See original trial image.]
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
THOMAS EADE . I live at 74, Brompton Road, and work for Mr. Campbell, a wine merchant—on Friday, 15th November, I served the prisoner with a bottle of gin, which came to 2s. 8d.—he tendered this marker (produced)—I refused it, and he said "All right, old man, don't be cross," and went out taking it with him.
ROBERT BARKE RAVELL . I keep a boot and shoe shop at I, Middle Row, Knightsbridge—on 14th November, I served the prisoner with a pair of boots, which came to 9s. 6d.—he tendered this sovereign—I said "You had better give me something better than that, or you will get locked up"—he went out leaving the boots, but taking the coin—I followed him into a beer shop, and saw 10s. in good money lying on the counter and he was asking for a half-sovereign for it—I then saw him go in to Mr. Godfrey's pie shop, where he laid down a coin which was not accepted—I gave information to the police.
SAMUEL GODFREY . I am assistant to my aunt, a refreshment house keeper—on 15th November, about 3 o'clock, I served the prisoner with a penny pie—he tendered this token—I pushed it towards him, and said "This won't do," and he paid me with good money and put it in his pocket—he was slightly intoxicated.
ELIZABETH RAMSEY . I live at 37, Rothill Street, Brompton—on 15th November, about 3 p.m., I served the prisoner with two loaves, which came to 8 1/2 d.—he tendered this coin—I said I could not take it—it was not good
—he took it up, and said he was very sorry; he must have taken it for a shilling—he gave me good money.
LEVY PETTIT (Policeman E R 30). Mr. Ravell spoke to me—I watched the prisoner and saw him go into Ramsey's shop and tender the token—he then went to Mr. Campbell's shop and did the same there; he then went to the Northumberland public-house, but he did not tender it there—I took him in custody—he said "Not me, I am a hard-working man; I took it for a sovereign"—I found the coin on him and 6s. and 2s. 2 1/2 d. in bronze.
Prisoner's Defence. I have a witness to prove that I sold a turkey for a half-guinea and received this coin. I was intoxicated or I should not have taken it.
Witnesses for the Defence.
Cross-examined by MR. COLERIDGE. This was about 1.30—I saw my father receive what I thought was a sovereign, because I saw a head on it—it was not like a sovereign, but I did not tell my father so—he put it in his pocket, and did not look at it after I spoke to him.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
JOHN HOWE . I am an oilman, of 97, Cambridge-road—on 2nd November I served the prisoner with 1d. of glue, he tendered 1s.—I asked him if he knew what it was—he said "A shilling"—I said "Where did you get it from?"—he said "At the corner of Holywell Lane in change for a halfsovergien—I bent it, and gave him in charge.
ARABELLA MARY WILBY . I am shopwoman to Mr. Boxall, confectioner, of Stepney—on 16th November I served the prisoner with a penny loaf—he gave me a shilling—I tried it, bent it, gave it back to him, and told him it was bad—he then gave me a half-crown; I gave him the change, but afterwards thought it was not good, and told my mistress so, and he was given in custody.
Prisoner's Defence. I received 9s. 10d. in change; I work hard for my living. I did not know the money was bad.
NOT GUILTY .
MESSRS. COLERIDGE and HORACE BROWN conducted the Prosecution,
LOUISA BRAZIER . I am barmaid at the Harp, in Jermyn Street—I served the prisoner with 2d. worth of rum on 13th November—he gave me a shilling—I gave him 10d. change—I believe it was 6d. and 4d.—he remained in the bar sitting behind some one else, and I, thinking he had gone, threw away the rest of his rum and water—a shortly afterwards he said
" You have thrown away my rum and water"—I said "I am very sorry, sir, I will give you a little more"—he said "Never mind, I will have some more," and gave me another shilling—I put the first shilling into the retail bar till and the second into the middle-bar till—he then asked for a two penny cigar and gave me another shilling, which I put in the retail bar till, where I put the first—I then left the bar and Miss Porter came.
EMMA HELEN PORTER . I am barmaid at the Harp—on 13th November the last witness left the bar between 10 and 11 o'clock, and I relieved her—the prisoner was then there, and shortly afterwards he asked for 2d. worth of rum hot—I served him—he gave me a shilling—I looked at it, bent it in the tester, and said it was bad—I put it on the counter, he looked at it, and rushed off with it—I called Mr. Doyle, and told him—this is the shilling (produced)—I then searched the other tills, and in both of them found similar shillings—there were other good shillings in the till—I gave them both to Mr. Doyle.
JOHN SANDERSON . I live at 6, Park Street, Westminster—I was in the Harp on 13th November, and saw Porter serve the prisoner—he gave her a shilling—she tried it, told him it was bad, put it on the counter, and called Mr. Doyle—the prisoner ran out and took the shilling with him—I went out, and when I came back I picked up this shilling where the prisoner had passed twice—it was bent—I gave it to the constable.
JAMES DOYLE . My father keeps the Harp—I was in the bar-parlour; heard something, and went out and found the prisoner behind the wheels of a Hansom cab—I caught him—I received these two shillings from Porter, and gave them to the constable.
ALFRED COLLINS (Policeman CR 25). On 13th November, about 10.45 p.m., I was called to the Harp, and took the prisoner—I received a shilling from Sanderson, who said, in the prisoner's presence, that he found it in the gutter in front of the house—I received two other shillings from Doyle—all three are of 1868—the prisoner was searched, and 8s. 6d. was found on him, a good deal of which was in bronze.
Prisoner's Defence. I did not know the coins were bad; any working man is liable to take two or three bad shillings. I wag two hours in the house, which does not look as if I was guilty.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. COLERIDGE and DE MTCHELE conducted the Prosecution.
MINNA JOHANNA MARIA HEITMULLER . I live at 22, Crown Street, Soho—on 23rd November, I served the prisoner with half an ounce of tea and a penny composite—they came to 2d. together—he gave me a florin; I gave her the change—she left—I suspected that it was bad, and put it into the copper till, till I showed it to my husband—there was no other florin there.
Prisoner. Q. Did not you say on the Monday that I was not the man? A. No; but I did not swear that you were, because I was excited, never having been in a Court before, and I was so far from you that I could not see you; but the second time, I recognised you well.
come into the shop—I saw my wife serve him, and heard the ring of a coin on the counter—I saw the prisoner count his change over; he said "All right, ma'am," and went out—shortly afterwards my wife showed me a florin, and I found it was bad—I afterwards saw a crowd about Mr. Well's shop in the same street, and a constable brought the prisoner from there—I said "He has just passed a bad 2s.-piece"—the constable said "That is enough," and took him to Marlborough Street—I marked the florin, and gave it to the constable—this is it (produced)—I have not the slightest doubt that the prisoner is the man.
CHARLES REESON . I am assistant to Mr. Wells, cheesemonger, of 440, Oxford Street—on 23rd November, the prisoner came in for some cheese; he tendered a florin, which John Herwood, another assistant, broke, and kept one piece, and I kept the other, and they were afterwards given to Police-constable C 132—I went outside and saw Mr. Heitmuller, who charged the prisoner—I also charged him.
Prisoner. Q. Did I give you a good one afterwards? A. Yes—you appeared to be drunk, but my impression is that you knew it was bad.
SYLVESTER CARLEY (Policeman C 132). On 23rd November, about 7.30, Reeson called my attention to the prisoner, and Herwood, another shopman, gave me this coin—I asked the prisoner where he got it; he mentioned some place which I forget—Heitmuller came up and gave him in custody for passing to his wife a bad florin, which he gave me at the station—the prisoner tried four or five times to get away—Reeson gave me this other coin (produced)—the prisoner was searched, and two shillings, four sixpences, some 3d.—bits and 14d. in bronze were found on him.
Prisoner. Q. Was I drunk or sober? A. You appeared to be drunk; I cannot say that you were not, but my impression is that you were not so drunk as you appeared.
Prisoner's Defence. Every time the Magistrate asked this lady she distinctly said that I was not the man, and did not go into her shop at all. I do not remember going into the other shop.
GUILTY .— Two Years' Imprisonment
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution; and
MR. HORACE BROWN the Defence.
FRANCIS ENGLAND . I am a linendraper, of 2, New Street, Dorset Square—on 28th November I served the prisoner with a pair of stockings, which came to 6d.—she gave me a half-crown—I put it into the till, where there was no other half-crown, and gave her the change—I looked at it directly she left, found it was bad, put it in the fire, and it melted away immediately—on 30th November she came again—I recognised her immediately she came in—she asked for a pair of cuffs, which came to 2 1/2 d., and tendered a bad half-crown—I bent it in the tester, and said "This is the second time you have tried this on, I shall give you in charge," which I did, with the second half-crown.
Cross-examined. There was no one there besides her—there was other money in the till—I was on the alert the second time.
prisoner as the person who came in on 28th November, as well as on the second occasion—I have heard what my mistress has said; it is correct.
NOT GUILTY .
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution; and
MR. HORACE BROWN the Defence.
MARGARET CRIGHTON . My name was Margaret Grady before December 3rd—on December 3rd at 10.45 at night I served the prisoner with a pennyworth of eels—she tendered a florin; I knocked it on the counter and gave it to my servant Bounds to go out for change, but she put it in her mouth and bent it, and gave it back to me—I told the prisoner I would not give it back to her—she said she got it from her master—I said I had a good mind to lock her up—she hooked it pretty quick, and the girl went out after her and came back with her—I gave her in charge with the florin.
Cross-examined. I said, "Do you know what you gave me?" and she at once said, "A 2s.-piece"—no woman named Gibson was there—another woman was taken in custody when I got to the station, but I never saw her before, and she was discharged.
MARY ANN BOUNDS . I am servant to the last witness—I was in the shop on the night of 3rd December, when the prisoner came in and gave her a florin; she rang it and the prisoner went out of the shop and over into an empty doorway three or four doors down on the other side of the road—I brought her back—my mistress showed me the florin; I bent it with my teeth, and gave it back to her—I afterwards pointed out to the prosecutor the place where I saw the prisoner go.
Cross-examined. I did not lay hold of her—I told her she was wanted at the fish shop.
Re-examined. A constable was on the other side of the road.
JESSE EMERY (Policeman 46 K). The prisoner was given into my custody—I saw a person named Gibson outside, who wait arrested and discharged—a doprway was pointed out to me by Mary Ann Bounds—I went there and found some counterfeit coin, each piece separately wrapped in tissue paper—I produced them at the station and the prisoner made no reply—Mrs. Crighton gave me this bad florin (produced).
Cross-examined. I took the other woman in custody in mistake—she was discharged at the station.
The prisoner's statement before the Magistrate. "I never had the two in my possession; the one was given me by a sailor."
Twelve Months' Imprisonment.
MR. DE MICHELE conducted the prosecution.
ALEXANDER HENRY KERSEY . I am an architect and surveyor, of Lewisham—on 26th August I was in London Wall about 2.30, and missed my watch from my outside pocket at my side; it had a chain to it—I had looked at it half a minute before—a constable spoke to me.
Prisoner. Q. Did you see me at all? A. No; I got my watch back the same day.
FREDERICK DOWNS (City Detective). On 26th August about 1.15 I saw the prisoner and another man in front of Broad Street Railway Station—they felt several gentlemen's coat-tail pockets—I then saw them in London Wall—the prisoner went on the prosecutor's right side, and placed his right hand under his left arm near the prosecutor's pocket; he remained in that position half a minute, and suddenly left him and touched a man with his elbow who was standing behind him, named Cornelius Lynch—the prisoner walked down London Wall very idly—I spoke to the prosecutor, who detained me some time, and I lost the prisoner—I then proceeded to Spitalfields, and was giving his description to another officer when the prisoner and Lynch crossed the road—I went through Fashion Court and Flower and Dean Street—a metropolitan officer caught Lynch, and I caught hold of the prisoner, but had to let him go again.
Prisoner. Q. Did you see the watch in my hand? A. No, but from my experience in the police I can tell by your movements that you had it.
Re-examined. It was found rolled up in a handkerchief in Lynoh's pocket—you were with Lynch for some time.
JOHN BURROUGHS (Policeman 23 H R). I was with Downs, and in consequence of what he said I took Lynch—I saw the prisoner at the corner of Fashion Street—some people closed round Downs, and he had to let the prisoner go—on 28th November I met the prisoner again in the Minories, and took him—he said he had been at his sister's all day.
Prisoner. Q. Did you see me give anything to anybody? A. No; I found nothing on you.
Prisoner's Defence. On 26th August I went to my sister's in the morning and remained there till one o'clock. I asked her to pawn my waistcoat, which she did for 2s. at Mr. Cathey's, and gave me the ticket, which was in the name of Ann Driscoll. I stopped at her place till 2 o'clock, and then went to Brick Lane. I saw two men running in Fashion Street, one turned up Fashion Court and the other into Brick Lane. When I got into the court I saw one of them in the arms of the policeman; the other officer came up and said, "I believe you were with this man."—I said, "No." I have been at work since that, and was taken on 28th November. I know no more of the watch than the dead. One man has been punished for it already. My sister is very ill and unable to appear.
Jury to F. DOWNS. Q. Did you search the prisoner before you let him go? A. No; I got hold of his side when I was surrounded, and his wife was hanging about my neck; I was single-handed, and having a thorough knowledge of him, I let him go, as I did not care to be knocked about—I do not believe he had the watch then.
He was further charged with having been before convicted.
GEORGE SMITH . I was lately warder at Coldbath Fields—I produce a certificate—(Read: Clerhmwell, Sessions, August, 1867, Michael Driscoll convicted of stealing a handkerchief from the person, having then been before convicted.—Sentence: Eighteen Months' Imprisonment)—The prisoner is the person.
GULITY**— Seven Year's Penal Servitude. (The prisoner had been ten times convicted.)
OLD COURT.—Tuesday, December 17th, 1872.
Before Mr. Deputy Recorder.
MR. HORACE BROWN conducted the Prosecution; and MR. GLYN the Defence.
HENRY WILLIAM CLIFTON . I am a clothier's cutter, and live at 45, Wellington Street, Old Ford—on the evening of 29th November, about half-past 6 I was in the Bethnal Green Road—at the corner of Edward Street I saw a man standing in my path—I had my hand in my pocket—part of my chain was exposed—one man was standing on my left and two men on my right about four yards apart—the one on my left snatched my watch—this portion of the chain dropped down—I stooped and picked it up, and went in pursuit of the thief, who darted down Edward Street, and ran away—as I turned to pursue him the prisoner and another man were standing there—one of them, I won't say which, put out his foot to trip me—I escaped that, and went on in front of them—I was gaining on the thief—I found the prisoner and the third man gaining upon me, and I turned round and struck out with my fist at each of them, and missed them—they did the same to me with the same result; they missed me—nothing was said—they then turned round and ran down the street, and I after them—we proceeded a little way when they turned round at me again and struck at me, and one of them cried out, "Down with the b—, hit him on the head"—they then proceeded round one of the bye turnings and got into Chilton Street—one of them then cried out, "Where is the knife?"—then we faced other—I never lost sight of the prisoner—he stooped down and picked up a stone and threw it at me—I moved my head on one side, and it whizzed by my ear—they then ran away down the street—one of them turned down a bye turning—the prisoner ran straight on—I then began to call out, "Stop thief!"—I followed the prisoner—he ran into a constable's arms.
Cross-examined. My chain was hanging out of my pocket when I saw the first man, and he took it—it was done instantaneously—as he took it I turned round and faced these two men, who were dodging me—I did not see the man who took my chain speak to the other two; if he had done so I should have seen it—there was a very good light at this point, both from a musical instrument maker's and a public-house—I know the place well, I pass it night and morning—it is a frequented neighbourhood, but there was nobody at the time when the man put out his foot to trip me—I said "Stop him!"—I had to jump for it—I did not catch hold of him—I went after the man that had got my watch, but I lost sight of him from their preventing me—I struck out at the two men when I found them attempting to prevent me from pursuing the man that had my watch—no one hit me on the head, nor did I see any knife—I never lost sight of the prisoner—I could not swear to the man that took my watch, because I did not see his features.
ALFRED COX (Policeman H 53). On 29th November I was in Chilton Street—I saw the prisoner running down the street and the prosecutor after him calling "Stop thief!"—I stopped the prisoner—the prosecutor came up and charged him with being concerned with two others in stealing his watch—the prisoner was dressed as he is now—he had no hat on at the time I caught him.
He also PLEADED GUILTY to a previous conviction at the Thames Police Court on 1st March, 1872.— Twelve Months' Imprisonment.
MR. MONTAGU WILLIAMS conducted the Prosecution,; and MR. STRAIGHT the Defence.
WILLIAM GEORGE HOLMER . I am an iron merchant and hardware factor, of 203, Upper Thames Street, City—I know the prisoner—on 11th May last he brought me this bill of exchange—he said it was a good commercial bill, drawn, as I understood, upon a customer of his, and he asked me to discount it—I hesitated at first, but I ultimately did it as he pressed me so much, saying that he was a little pressed for money, but in all probability he would pay me before the bill was at maturity—I handed him a cheque for 24l.—this is my cheque, payable to order, endorsed by him—I subsequently found that the acceptance was a forgery—it was not paid—he endorsed the bill in my presence—I had had one small transaction previously with the prisoner—I had lent him 15l. and he had paid me.
Cross-examined. I did not find out that it was a forgery till a day or two after it became due—I did not know Mr. Cox at the time I advanced the money—I never had any business transaction with him—the prisoner told me he was in communication with Messrs. Carritt & Son, solicitors, about some money on a mortgage—that was after the dishonour of the bill—I did not take any proceedings until after the proceedings in bankruptcy against him—I should have done so I admit; I can tell you why I did not—I dare say he filed his petition in November—there was an advertisement of the meeting which I attended on 12th December—I received no notice—I did not prove on this bill—I don't know that it was proved for me—don't know that this bill was included in my proof; I don't think it was—I did not attend to it myself—I handed it over to my solicitor, and told him to do what was necessary under the circumstances—I gave the prisoner into custody the same evening after the meeting at the Bankruptcy Courts—Mr. Arnold, the solicitor for the prosecution, may very possibly be the solicitor to the trustee under the bankruptcy—I know that he is.
re-examined. The reason I did not take proceedings till after the bankauptcy proceedings was this: I thought my first loss would, perhaps, be the least, and although I knew it to be my duty to do it, I hesitated, thinking, perhaps, it might not be a forgery after all, and not liking to press the man on account of his wife and family; but at the meeting of creditors I met a great many larger creditors than myself, and they thought it my duty to do it and to expose it—I had not the least idea it was a forgery till after it became due.
WILLIAM JOSEPH COX . I live at 222, Portobello Road, Notting Hill, and am a furniture broker and dealer, upholsterer, and decorator—in April last I had other places of business, one of them was at 112, Finborough Road, Brompton—I have known the prisoner about four or five year—I had lost sight of him for about four years until about eight months ago—I then met him accidentally at Brompton—the acceptance to this bill is not my writing—I never authorised the prisoner to sign for me in any way—we had no bill transactions together whatever to the best of my belief—the acceptance is the prisoner's writing, and the body of the bill I believe to be his wife's—the acceptance does not at all resemble my handwriting—I always sign either "W. J.," or "William Joseph," and this is "William," and in no case do I sign so—I first learnt that the bill was in circulation when it was
presented to me, the day it was due—I at once discovered it to be a forgery—I told the man who presented it that I had no bill due at that date—I give bills in my business—I had had no transaction with the prisoner previous to that that I am aware of—I had lent him money at different times and he had lent me money—this is an I O U which I gave him—I borrowed 40l. from him, and before being due I gave him 20l. on account—the I O U is my writing—the prisoner was acquainted with my handwriting.
Cross-examined. I should fancy he was well acquainted with my signature—he saw me write this I O U—I had no transaction with him up to March last—I lent him some 5l. or 6l., and he lent me 40l. on one occasion; that was on the 1st of March this year—I was once fined 5l. for an excessive distress on a tenant of mine—I was not fined on any other occasion that I am aware of—I believe not; nothing more than for having goods on the pavement—I was summoned to a Police Court—I was never charged on any other occasion with excessive distress—I should suppose the prisoner knew my handwriting—this I O U was given to me in this condition, very dirty, by the prisoner or his wife—I gave it to the prisoner on the 1st of March—if you will read on the back you will see a receipt for 20l.—I paid him the balance very soon after; I don't exactly remember the date—some was paid in goods and some in cash, I believe about 9l.—he gave me back the I O U when I gave him the balance—he told me he was engaged in building transactions—I had no other receipt for the balance except the handing back of the I O U—either he or his wife gave it me—I believe both of them were present—I can't say exactly which; it was at his place at West Brompton—I don't recollect the date exactly, about that time—I paid the 20l. on 21st March—I can't exactly remember when it was that I paid back the balance; but I believe it was within the time of its being due; from memory within two or three days—it was payable within twenty-one days—that would be on 22nd March—it is dated 1st March—the prisoner has not called on me constantly for weeks, and been paid pound by pound—I paid the 20l. all in a lump at my place in Portobello Road, I believe in gold—there is his wife's signature there acknowledging it on the 21st, and I got the I O U book the same as a bill when I paid the rest, that was all I wanted—I believe the prisoner wrote this at the bottom in my presence—I have seen him about twelve times since he lent me the 20l.—I don't know a Mrs. Howell—I knew a Mrs. Burrell, she is dead—no conversation ever took place between me and the prisoner in her presence about accommodating him with a loan—I believe he owed me 7l. at the time the bill was written—we had settled the 40l. loan before that—I had lent him money between his giving me back the I O U and the time of this forged bill being drawn—I took no acknowledgment of it—it was about 7l.; he came to me for it.
Re-examined. This "Thomas Eyres" at the foot of the I O U was written by the prisoner in my presence—comparing that with the signature to the bill, I believe them to be the same handwriting.
SAMUEL LYTHAL (City Policeman 698). I took the prisoner into custody in the Richmond Road—I told him it was for forging and uttering a bill of exchange for 25l.—he said "To whom?"—I said "To Mr. Holmer, of Upper Thames Street"—I took him to Bow Lane Station—the charge was read over to him—he said it was a genuine transaction.
MR. COX (Re-examined). I never gave the prisoner any authority to
accept this bill; he did it quite without my authority, and it is the second time he has done it—I had cautioned him before.
Prisoner. When Mr. Cox owed me the 20l. he came to me and said "I am not in a position to pay you 20l., but I will give you this bill if you can get it cashed"—I said I must have the money by Saturday—I went la him on the Saturday with two of my men who were waiting for their money, and he went with me to Mr. Holmer's, and he said if Mr. Cox could not get it changed he would go to a neighbour and borrow 7l., or 8l. to pay me until he got it cashed.
Witness. It is a pure fabrication from beginning to end; there is no truth in it—I did not owe him a penny-piece at the time, and he had no authority to use my name—he had forged my name a month or so before, and I cautioned him very seriously about it.
GUILTY .— Six Months' Imprisonment.
MR. LANGFORD conducted the Prosecution; and MR. BESLEY the Defence.
NOT GULTY .
MR. ST. AUBYN conducted the Prosecution; and MR. HOLLINGS the Defence.
RICHARD SALTER (City Policeman 743). On Sunday morning, the 29th September, I was on duty on the Surrey side of London Bridge, on the left hand side—I saw the defendant drive up in a mail-cart—I did not see a four-wheeled cab—I saw a Hansom cab just at the foot of the bridge, going towards the City on its proper side, the near side—the mail-cart drove up and came in collision with it—it met the cab and ran into it, and the off-wheel of the cab and the off-wheel of the cart got tucked—the cabdriver was thrown from his seat on to the ground—the defendant said to me, "Was I not on my right side, sir?"—I said, "No, or else you would not be where you are now"—he said, "I thought I was on my right side"—he was not on his right side—there was no other vehicle there at the time—there was nothing between the mail-cart and the eastern side of the bridge—somebody said something to me, and I went on a little further—I found a four-wheeled cab 3 or 4 yards past the first recess, on the City aide of the bridge, about 86 yards from where the Hansom was—I saw Police-constable 79 holding the horse of the four-wheeled cab, which was close against the kerbstone on the proper side—I then returned back to where I had left the Hansom—I did not find the driver there, but I found him afterwards in Guy's Hospital—I also found the driver of the other cab there—both of them were injured—at that time of night there is not much traffic on the bridge.
Cross-examined. This took place about 12.15 on the Saturday night, or rather Monday morning, on the west side of the south end of the bridge—the mail-cart was coming from the City—was standing at the foot of the bridge against the buttress—the collision took place just across the road about 20 yards from me—it was not raining, nor was it foggy; it was perfectly clear—I was near enough to see everything that took place—I was standing on the east side, and the collision took place on the west—
it did not take place in the middle of the road; the Hansom cab was close against the kerb—I saw him drive up to the bridge, and as he got on the mail-cart came into him—I saw the actual collision—there were two persons on the mail-cart—I could not say that there was a fare in the cab—the collision threw the cab-driver to the ground—I did not see the defendant and the man with him down too—the defendant was down off the mail-cart when I spoke to him—I went across to him—there were a few persons about at some coffee stalls that are always there—a few came round when the collision took place—I did not see a person there named Bradley that I know of—the prisoner did not complain of the conduct of the cabman—I took the prisoner's name and address, and then I went on the bridge—I did not lift the prisoner on to his cart and tell him to go on.
ROBERT WOOD . I am a cab-driver, and live at 83, George Street, Bethnal Green—on Sunday morning, 29th September, I had a fare of two persons in my Hansom cab—I took them up at London Bridge, and was to drive them to Old Ford—when I got to the bottom of London Bridge I was driving on the near side, about half-a-foot from the kerb—I saw a mail-cart about forty yards off coming towards me—the prisoner was driving—I was going scarcely six miles an hour—the stones were very bad—the prisoner was driving about ten miles an hour—I tried to pull my horse up, and I caught hold of the rail of my cab to save myself, and the next instant he dashed into me and turned me off on to the pavement—I became insensible—I was picked up and taken to Guy's Hospital; my knee-cap was broken, and likewise my ankle—I have not been able to work since.
Cross-examined. I was coming from the Borough side of London Bridge—I saw the mail-cart on the crest of the bridge; it appeared to be coming from one side to the other—I did not see the collision with the four-wheeled cab—the stones were in a slippery state—there would be more danger in a horse going at the rate of ten miles an hour with the stones in that state than if they were dry.
HENRY BROWN . I am a cab-driver, and live at 8, North Street, Manchester Square—on this Sunday night I was driving a Clarence cab over London Bridge about ten minutes or a quarter past 12—I was following a covered cart, and when I was half way across the bridge a mail-cart came into collision with me, knocked me from my cab on to my off side, and broke my leg in several places—I was driving not half-a-yard from the near side, walking gently over the bridge looking for a fare—the mail-cart came into me full ten miles an hour—I did not notice any other vehicle on my off side—I was picked up and taken to the hospital—my leg was broken in three places, and also my knee-cap—I have not been able to work since, I have been in the hospital eight weeks—I am still unable to work, and likely to be for some time.
Cross-examined. I was walking across, following a covered van—I could not see in front of me, or else I might have got off my cab—I was going towards the City—the collision took place about the middle of the bridge—I did not pull out from the side; there was no cause—I was knocked off the cab, and either his wheel or my own wheel went over my legs—I suppose the covered cart went on after the collision, and did not stop to see the result—I did not see the mail-cart till it came up; it came suddenly upon me, and had no means of getting out of the way—the off-side shaft, the cross bar, and the panelling of the door was struck—it was not raining that night.
WILLIAM HAMERTON JALLAND . I was house surgeon at Guy's Hospital when the two cabmen were brought there—Wood had his left knee bruised and sprained, and also the ankle on the same leg—Brown bad his leg broken in three places; both bones of his leg, and knee-cap were broken.
Witnesses for the Defence.
JOSEPH GREEN PLATT . I live at 18, Cough Street, East India Road, Poplar, and am a sorter at the General Post Office—on Saturday, 28th September, I was with the prisoner on the mail-cart going over London Bridge—I did net observe closely what occurred at the time of the collision with the four-wheeled cab; we had just got on to the bridge when that took place—we were going at a very moderate place—the road was quite clear—I saw an omnibus in front of us—after we passed the 'bus the road was clear—as soon as we came up to the 'bus we drew up to the centre of the bridge—we overtook the 'bus just before the collision took place—the collision happened after we passed the 'bus—I did not see a covered van—I did not see the accident with the four-wheeled cab at all; it was done so momentarily—we went on—the horse was in a terrible state; so much so that the driver had Hot got command of ft—the boy lost all control over the horse after the first collision—he did all he could, but he could not get command, and the other cab came into us—I was thrown out, and so was the driver—I was very much hurt at the time—the first cab (the four-wheeler) locked his wheel into us; but ours being the strongest, of course we got away—our cart had two wheels.
Cross-examined. I did not see the four-wheeled cab till the moment of accident.
PETER BRADLEY . I live at Margaret Street, and am a driver of the Royal Mail cart—I did not see the accident—I was on the spot directly after, when the Hansom and mail-cart were looked—they were on the second line on the Surrey side—there is room for six vehicles, and they were in the second line, that would be the near side going from the City—I am quite certain of that.
GUILTY on the Third and Fourth Counts. — six Months' Imprisonment.
MR. GOODMAN conducted the Prosecution; and Mr. MONTAGU WILLIAMS the Defence.
JAMES BRANNAN . I am a dock foreman, and live at Whitechapel—on the evening of 27th November I was going through Prince of Orange Court, St. George's, about 6 o'clock in the evening—I was going home from my employment, carrying my coat on my arm—the prisoner struck me a blow on the face, which knocked me down; and as I was falling, the man who "was with him snatched my coat off my arm and ran away—I jumped up and seized the prisoner immediately—I have no doubt that he is the man that struck me—he gave me a black eye.
Cross-examined. The blow was violent and sudden, and I fell to the ground—I saw no one but the two men, and two or three boys playing in the court—the court leads from one street into the other; it is about 30 yards long—merely observed the back of the other man as he ran away—I could not swear to him.
6 o'clock—the prisoner said nothing till he was charged at the station, and then he said, "I was walking by in front of the man, and another man knocked him down and ran away with his coat, and he knew nothing of it."
HENRY FOUBERGER . I live at 9, Chapman Street, St. George's-in-the-East—about 6 o'clock on the evening of 27th November I was in Prince of Orange Court—I saw the prisoner knock the man down, and the other ran away with his coat—I am sure the prisoner is the man—I did not see any other man standing close by.
Cross-examined. I was called before the Magistrate after the first hearing—I saw the prisoner knock the man down—I saw him before the prosecutor caught hold of him.
Prisoner's Statement before the Magistrate: "I know nothing of it. I wish to call three boys."
JAMES BRANNAN (re-called). The prisoner was close to me when I seized him—I charged him with the robbery, and he attempted to escape—he threw me down—I can't exactly say the words I used; they were words which charged him with the robbery—he said, "There goes your coat"—I said, I know that, but you are the man that knocked me down.
GUILTY .—He also PLEADED GUILTY to having been before convicted in December 1861.*— Fifteen Months Imprisonment.
NEW COURT.—Tuesday, December 17th, 1872.
Before Robert Malcolm Kerr, Esq.
64. PHILIP LAYTON (43), and THOMAS PEARCE (40) , Burglariously breaking and entering the dwelling-house of Ernest Henry Weeks, and stealing therein one metal safe, three diamonds, nineteen rubies, and other property of Charles Frank Hayter.
MR. BESLEY conducted the Prosecution; and MR. WOOD and MR. LYON
appeared for Layton, and MR. BROMBY for Pearce.
CHARLES FRANK HAYTER . On 31st October I was lodging at Mr. Weeks', 175, Liverpool Road, Islington, and on that afternoon, between 4 and 5 o'clock, I locked up my valuables in this iron safe (produced) in my apartment—there were three diamonds, several rings, two diamond rings, an opal ring, and other articles, and 13l. or 15l. in gold, silver, and copper—there were also some photographs there—the value of the jewellery was about 200l.—this ruby ring, these other rings, these fifteen Cape rubies, this diamond ring, and these two big loose diamonds belong to me—one loose diamond and some rings are still missing—these photographs were sent me from Germany—my brother's writing is on the back of them—all those things were locked up in the safe—I returned at a few minutes before 12 o'clock, and the safe was gone—I did not see it till I got it at the police station.
Cross-examined by MR. BROMBY. I was in the habit of going out on business and leaving my room—I was never later than 12 o'clock—I had seen learce at the house twice, and I asked the landlord who he was, because I
did not like his appearance, and the landlord said, "There is no fear, your safe is all right; he won't take anything"—the things were all my own except two rings, which I had on approbation—I have bought them now.
Cross-examined by MR. LYON. I have never entered by the front door without a key—at one time I found that the door would open without the use of a key—I once came home about 9 o'clock at night, and there was no one in the house; I was rather fidgetty about it, and tried the door whether it was shut, and it gave way—it would open with a push—the landlord said he would repair it—I do not know whether he did—I have lost three diamonds; that was all I had—I never pledged any diamonds—I think I have pledged diamond rings—I do not recollect the date, but I should say a week or fortnight before the robbery—I only pledged one diamond ring—I have not pledged other diamonds—I do not recollect pledging a ring on 2nd October—I may have pledged one on 19th October, but do not recollect it—I mean to speak the truth—I do not recollect pledging rings on 19th and 20th October; I might have done so—I lost between 12l. and 15l., it might have been even more—I don't know when I bought these diamonds—I have the invoice here—it was on 23rd October.
Re-examined. The tickets of the pledges were looked up in the safe—they were not in the safe when the police restored it to me—I have not seen them since—I have not showed them to any one, because I was ashamed of such a thing—the pawntickets were in the safe, and I have not recovered them.
ANN BALL . On 31st October I was living at Mr. Weeks', 175, Liverpool Road—on that day I hung up the key of the front door at the corner of the dresser in the kitchen—Pearce was there about 3 o'clock that afternoon, and after he had gone I looked for the key and it was not there—I have not seen it since—on the same afternoon after tea I went to Mr. Hayter's room and it was safe—I saw Mrs. Weeks go out that night about 8.30—I went out at the same timer—I do not sleep there—no one was left in the house—the street-door was closed.
THOMAS TEW (Detective N). On Thursday, 7th November, in consequence of instructions, I went with Nursey and Sergeant Sayer to 37, Eversholt Street, Camden Town, about 12 o'clock in the day—we remained there till night—Layton lived there, and I had seen Pearce go there about 3.30 o'clock in the afternoon—I had known Pearce a week or a fortnight before—from where I was I could see in at the kitchen window, and about 8 o'clock in the evening I saw the two prisoners in the kitchen through the window, sitting by a table against the fire selecting jewellery out—I and two or three members of the force went in suddenly—I seized Pearce, and saw some rings in his hand—he became very violent, and kicked up the table, on which there was a lamp, and the lamp went out—I retained my hold of him—a fresh light was brought, and he had put the rings into his pocket—I took these fifteen rings from one pocket, and these three Cape rubies—I told him I should take him for breaking into the dwelling-house of Mr. Weeks, in Liverpool Road, and stealing a safe value 200l.—he said, "Don't knock me about, and I will go quietly"—he was not quiet, he bit ray finger—I heard some jewellery fall when the table was upset, but I did not pick it up.
Gross-examined by MR. WOOD. Pearce was perfectly sober.
Cross-examined by MR. BROMBY. I could see in at the kitchen window, and could see everything they were doing—this was not against the street, but at the back of the house.
to the back of the house—I could see into the kitchen, and saw the two prisoners sitting at the table with jewellery in front of them—I went into the house, and seized Layton by the throat suddenly—he had something in his left hand—I asked him what it was—he said "Nothing"—I said "It must be something," and took this diamond ring from him—he was very violent; he kicked about, and tried to get away—I had to struggle with him—I found another diamond ring on his finger, which the prosecutor identified—I found the prosecutor's business card in his pocket—I told him I should charge him with stealing the articles—he said "I hare stolen nothing."
EDWARD SEIGER (Detective Officer). I went with the two constables, and made an entrance into the kitchen about the same time—after the table was upset I found two diamonds and a diamond ring on the floor—I then went into Layton's room, first floor front, and found this safe, covered with a waterproof cloak, and on the top of it this chisel—the safe had been forced open by some hard instrument, and I noticed paint on the chisel, corresponding in colour with that on the safe—a drawer in the safe was partly forced open, and in it I found these two photographs.
ERNEST SYCUTT . I am landlord of 37, Eversholt Street—Layton occupied my first floor—I heard him come home on 31st October, and there were at least two men with him—I heard that they brought something heavy, which they carried up stairs, and when they were half way up the stairs I heard something drop—I heard Layton's voice—Pearce came there very frequently up to the time he was taken.
Cross-examined by MR. BROMEY. He was a friend of Layton's.
Pearce. It is not a burglary, for the door could be pushed open as easily as possible, without having the key.
Pearce received a good character.
Five Years' Penal Servitude each.
SAWYER PLEADED GUILTY **— Two Tears' Imprisonment.
MR. HOLLINGS conducted the Prosecution.
ISAAC GILBERT (City Policeman 552). On the morning of 8th December I saw the prisoners together in Petticoat Lane—I watched them into Cutler Street, and saw Moss go up to a barrow with jewellery on it—he asked the price of a ring; it was shown to him by the man belonging to the barrow, and when Sawyer saw that the man's attention was taken up, he took these hats off the barrow, put them under his coat, and went away, and Moss followed him into Petticoat Lane—I went after them to Bishopsgate Street, and into Finsbuiy Market, where they went into the house of Benjamin Howard, and when they came out the bulk of the hats under his coat was gone—I took them to the station, and then went back to Finsbury Market, and saw Mrs. Howard, who said "I have no hats," but afterwards she produced these six hats.
Moss. Q. When you saw me looking at the rings why did not you take me if you thought I was his companion? A. Because I followed you to the receiver's house—I did not take you in the house; I allowed you to get sufficient distance from it that the receiver might not know you were taken.
—I missed them in Cutler Street—I saw Moss looking at the rings there, but did not see Sawyer.
Moss's Defence. I own I was looking at the rings, but he asked too much money for them. I know nothing about it.
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. HORACE BROWN conducted the Prosecution.
JOHN NICHOLLS . I live at Umberstone Street, Commercial Road East—on the night of 21st November, just after 12 o'clock, I was in Central Street, and a person who I do not know gave me charge of two parcels while he went into an urinal—I waited for him, and while he was there, four men came up to me—the prisoners are two of them—Davis said "Shall I carry those things for you?"—I said "No, I am carrying them myself"—he went to get hold of them, I would not let him, and he struck me on my breast and knocked me down, and two of them came to my pockets—I called out "Police!"—the police came, and two of them ran away—these two were over me, and the policeman got hold of them—a gentleman came up—I was on my back, and Davis was tussling with the officer—I had some money in ray pockets, but they were too small and narrow, and I only lost my knife, with which I was cutting some tobacco just before—I never lost sight of the prisoners; they were right over me.
Dacey. Q. Did not I pick your hat up, and put it on your head?A. No—my hat was down in the mud certainly, and my elbow was cut, and my hip hurt; I have been lame ever since—I was as sober as I am now—during the melee the man who gave me the parcels took them up and walked off—I did not say at the station that I lost the parcels.
Q. Were not you walking with a stick before this? A. Yes, I always carry a stick, but I was lamed on that night, and my elbow was cut to pieces where I fell against the wall.
WILLIAM KELSEY (Policeman G 117). I was on duty on 22nd November just before 1 o'clock near the urinal at the corner of Central Street, City Road—I was attracted to the urinal, and saw the prosecutor on his back on the pavement, and the two prisoners stooping over him with their hands in his waistcoat pockets—as I came up they got up and turned to run away, but I seized them and held them, and sent Swift to get assistance—not finding another policeman handy, I asked some one to hold one of them while I sprang my rattle—assistance then came, and we took them to the station.
THOMAS SWIFT . I saw two men running away, and the two prisoners stooping over the old man—the policeman caught the two of them—I called "Police!" and went back to help him—the old man said, "I can swear to these two," and that Davis was the one who knocked him down.
Dacey. Q. Was I violent? A. No, but Davis was. You stood quiet, but I held you tight.
Dacey's Defence. I saw the old man lying in the gutter, and asked what was the matter; they said, "Never mind." His hat was in the gutter; I picked it up and put it on his head. I never saw this prisoner in my life before. If I had been guilty, should I not have tried to get away? but I knew no more what it was than the dead.
Davis's Defence. I went into the urinal, and as I came out the prosecutor was on the ground as drunk as he could be, and I fell over him, and got up and stooped and asked what the matter was. He said, "Oh, nothing; I am waiting for my friend, who is inside." When he gave us in charge he said he had lost nothing but a parcel; afterwards he said, "Only a pocket-knife." It does not stand to reason that an old man like that, and drunk as well, could hold two young chaps like us.
They were further charged with former convictions, DACEY at Worship Street, in September, 1871; and DAVIS at Clerkenwell in July, 1871, to which
DACEY PLEADED GUILTY.**— Seven Years' Penal Servitude.
JOSEPH SMITH . I produce a certificate of the conviction of James Crawley at Clerkenwell of stealing a chain from the person—he was sentenced to twelve months in the House of Correction—Davis is the man.
Davis. Q. How do you swear to me? A. I received you into my custody under a warrant—I was then a warder—I took your full description, and saw you many times; and I knew you previous to that you know—I can produce your photograph.
DAVIS NOT GUILTY of the Previous Conviction; Five Years' Penal Servitude and Twenty Lashes with the Cat.
MR. A. B. KELLY conducted the Prosecution; MR. CHARLES MATTHEWS appeared for Driscoll, and MR. MONTAGU WILLIAMS for Shea.
ALFRED OAKS . I live in Charlton Crescent, Islington—on 22nd November I came out of the Royal Mint Refinery in the afternoon, and saw the prisoners coming by the Clock House immediately opposite—one of them said "Now, Jerry, do what I tell you," and he made a motion with his fingers—I saw them take hold of a sailor; but thinking it was a joke, I passed on—one of them struck the sailor three times in the stomach—I went down to Dock Street to purchase some oranges, and Driscoll passed me—Sullivan came in front of me, and snatched my watch from the guard, and dashed it into the road—he endeavoured to stop me, but I picked it up—my first impulse was to chase Sullivan, but the prisoners ranged themselves on each side, and I thought they would close in behind me—there were 100 people, but not a soul would lend me a hand—Sullivan ran up the yard, and I turned round and said "I will mark the lot of you"—one of them said "Drop it," and I immediately received a blow on my right arm, in which hand the watch was—Shea withdrew his hand from his pockets, and said "Take that," and I saw something glittering—I cannot say what it was, but I received a cut in my eye and a severe wound on my leg by being pushed against the wall—I went to the police and gave information, and afterwards went to the hospital—I saw the whole of the prisoners—Shea is the one who struck me in the eye; I stated on the first occasion that it was Murphy—on the Thursday afterwards I went before the Magistrate for the first time, and identified Driscoll and Shea out of seven or eight others—I was then asked to go over to a public-house opposite, where they said there were several of them; I went there and looked round, and behind several others I identified Murphy and Foy—I took one in each hand, and said to the detective "Take them; that is two more"—I then went over to the Police Court and charged them, and they were committed for trial—the Magistrate
asked me if I would swear to Murphy as the man who struck me—I said "Not positively"—I did not call to mind the position in which the men placed themselves—after they were committed I was asked to go to the police-station, and in a few minutes I was asked to go into a room—I saw eight or ten men, among whom I identified Shea—I told the Magistrate I was in error in stating that it was Murphy, and that I was confident it was Shea—you might put him among 1000, and I could identify him.
Cross-examined by MR. MATTHEWS. I knew what was going on up to the time I was struck.
Sullivan. Q. Did not you tell the Magistrate you did not think Driscoll and I were the men? A. No—the constable did not put me up to saying that you were.
Cross-examined by MR. M. WILLIAMS. When I was first before the Magistrate, Shea was not in custody; I then said that I believed it was Murphy who took something from his pocket, and struck me under the eye—I only spoke to the best of my belief—I do not find any similarity between Murphy and Shea.
ALFRED READ (Detective Officer H). I took Driscoll and Sullivan, and told them the charge—Driscoll said "They have put him up to us, they have told him how we are dressed"—Mr. Oaka identified them from several others in the cell.
Sullivan. Q. When he came in he stood for five minutes before he picked us out? A. No, he did not.
The Prisoners' Statement before the Magistrate. Murphy says: " I am accused wrongfully." Foy says: "At that time I was working at St. Catherine's Wharf.,"
Sullivan's Defence. I was at work at the steamboats. Murphy's Defence. These men may have done the robbery for what I know; I know nothing about it—I have got a poor old mother at home to look after, and have suffered enough now—there is a man outside named John Harris, who knows who did it, and that I am innocent of it.
Murphy to ALFRED READ. Q. What did Harris say to you? A. He gave some information to Stephens, another detective, and then was given in custody by Harris—Harris said that he was not present when the robbery was committed, but he had heard from the people in the neighbourhood that Murphy and Shea were innocent—Harris told me who did it, but only from hearsay.
Foy's Defence. I was at work till 5.30, and was not concerned in it.
NOT GUILTY .
MR. A, B. KELLY conducted the Prosecution; and MR. CHARLES MATTHEWS defended Driscoll.
JOHN REYNOLDS . I am a sailmaker of 45, Ratcliff Highway—on 22nd November between 10 and 11 o'clock, as I was going into my house, Sullivan came up to me and snatched my watch from my pocket—I laid hold of him, other men came up, and he knocked my leg a from under me and I fell—I lost my watch and am sure I saw him take it.
Cross-examined. There was a struggle between us—it was tolerably dark.
WILLIAM HALL (Policeman H 83). About 10.15 on this night I was in plain clothes, and heard a cry of "Stop thief!"—I saw a light turned on and heard a rattle springing—I saw Sullivan run up Cannon Street Road towards me—he saw me making towards him, and turned down Cable Street—I chased him up Watney Street, and got close to him under the railway arch—he said "All right, let me go, don't stop me"—I got hold of him and said "You will have to go back with me"—I took him back to Reynolds, who identified him at once.
Sullivan. Q. Did not you say "Is this the one?" and did not Reynolds say "No, it is a bigger one"? A. No.
DANIEL COX (Policeman K 111). I was in Ratcliff Highway about 11.15 on 22nd November, and saw Sullivan struggling with Reynolds, who said "I have lost my watch"—I made a rush at Sullivan, and he ran to the end of the street and up Cannon Street Road; I sprang my rattle and ran after him into Cable Street and Watney Street, where Hall took him—I took him back to Reynolds at the corner of Cannon Street, who identified him—Driscoll was stopped by another constable; he and two more men assisted Sullivan in getting away from Reynolds.
Cross-examined. I have mentioned Driscoll before to-day; to the best of my belief I mentioned Drispoll in my depositions, but I cannot say positively whether I did or no.
ARTHUR BOX ALL (Policeman H 238). I was on duty in Cable Street, heard a cry of "Stop thief!" in Cannon Street Road, ran towards it, and saw Sullivan turn to the right of Cable Street—I took up the chase after him, looked back, and saw Driscoll turn to the left—I ran after him about 150 yards, and, when I got up to him, he said "I will stop, sir, I will stop"—I said "I know you will"—he said "What are you running after me for?"—I said "What are you running away for?"—he said "I have done nothing w—I said "Why are you running, then?"—I took him back and met Reynolds, who identified him.
Cross-examined. I saw Sullivan first.
Sullivan's Defence. I was at a baked potato-can getting some potatoes for my supper, and saw four young chaps wrestling with this man. What they had done I don't know. One of them slipped down. The man got up and ran after them, and ran against a post. I picked him up, and he said "I want you." I said "What for? I have only picked you up off the ground." I ran away, and the constable caught me and took me down, and said "Is this the boy?" He said "No, them ain't the chaps at all." They pulled me away, and I was not able to get my witnesses. I did no more to the man than you have; it is a very hard thing to be accused wrongfully.
SULLIVAN was further charged with a previous conviction at the Thames Police Court in March 1872, to which he
PLEADED GUILTY.**— Two Years' Imprisonment. DRISCOLL*— Two Years' Imprisonment ,
OLD COURT.—Wednesday, December 18th, 1872.
Before Mr. Justice Brett.
MR. COOPER conducted the Prosecution; MR. GRIFFITHS, at the request of the COURT, defended the Prisoner.
EMILY HOY . I am the wife of Samuel Hoy, and live at 10, Pierpoint Row, Islington—I am stepmother to the prisoner, he lived with-us and also my three children, aged eight, seven, and two—on Wednesday morning, 4th December, about 8 o'clock, whilst I and my husband were in bed, the prisoner brought us up a cup of tea each—he gave me a cup and his father a cup; he brought it in his hands—I can hardly say to whom he gave the first cup—his father drank his and I drank mine, the whole of it—I did not hear my husband say that he was ill after drinking his—having taken mine I got up, and dressed and washed my children, and sent them to school, and in about two hours I gradually came over very funny at my chest—I felt that there was something there that wanted removing, and I felt very ill; then I came over very sick indeed, and vomited very much and was purged very much; they were not particularly painful purgings; they pinched me a bit; there was great looseness, I was very ill all that day with purging and vomiting—at 3 o'clock I had some hot brandy and water and felt much better—I got well—on the following Saturday morning the prisoner again brought up some tea to me and my husband, I did not feel quite well, and I asked him to put mine by my bedside, and said I would drink it in a few minutes—my husband drank his—I did not hear him complain of any ill effects—about 10 o'clock I got up and went down stairs and took the cup of tea down with me, I did not drink it, it was cold, and I threw it into the sink—I was just going to wash the cup when I saw a thick white substance at the bottom—I showed it to my husband and he kept the cup—I don't know what was in it—on the Thursday evening previous my eldest little girl Emily said something to me.
Cross-examined. Emily goes to school, and has done so for some years, ever since she was about two years old—the children all play about the house together when they are at home; I knew no difference between them—the prisoner has been in the habit of bringing us up tea only on Sunday mornings, to my husband and myself—the teapot was kept in the kitchen—the children did not make their own tea—the prisoner would not give any of the tea to his sisters, it was merely for me and his father—we used to come down to breakfast—the teapot would be kept on the dresser in the kitchen—I am always at home, because I am in the business; we keep a furniture shop—I have heard that arsenic was kept in the shop; I don't know it myself—I did not know where it was kept—I know it was kept in the shop, I believe in a drawer that was not locked—the prisoner has always been to school till lately—he can read very well I believe—I have not been in the habit of hearing him read; his father generally done that—that which I saw in the cup was a thick white substance—it was what you call dirty white.
Re-examined. I did not make tea for the family on the Wednesday evening—I was too ill that day—I was in bed; I can't say who made it—I was up stairs—I did not see the teapot on the Wednesday evening—I did not come down in the kitchen that day—I think I was down in the kitchen some time on the Thursday—I might have seen the teapot on the Thursday, but I never noticed it—I did not look at it at all prior to the Saturday morning.
COURT. Q. How old is this boy? A. Thirteen next month—he has been to school till lately—I can hardly say how long it is since he left school—I think he went on and off—he has not been regularly lately—since he left school he has been helping his father in the business, that is in the shop—he was in the habit of bringing us up a cup of tea on a Sunday morning—I did not ask him to bring any up on the Wednesday or on the Saturday—the prisoner has frequently made tea when I have been busy in the shop—my children drink tea.
SAMUEL HOY . I am the husband of the last witness—the prisoner is my son—he was in the habit of bringing me a cup of tea on the Sunday morning as a rule—on Wednesday morning, 4th December, he brought up two cups of tea, one for me and one for my wife—I had not asked him to do so—I drank the cup of tea that he gave me—I did not feel ill after it—I saw my wife drink hers—she was very ill afterwards, vomiting and purging—I keep a shop—I had arsenic in the shop; it was in this drawer (produced), concealed in the shop—I hid it behind some goods—the drawer was not fitted into a table or anything, but was hid behind some furniture—I had no knowledge that anybody else knew of the hiding-place—the arsenic had been given to me by my landlord five or six years ago, because I complained of the rats in the place—about two months before this Wednesday morning I had used some of it for the rats—I cut a potato up, and put some of it into it, and put it under the holes in the boards in the kitchen, as I usually did—I put the remainder of the arsenic back where I took it from, and hid it in the same way—I think I took the arsenic in the drawer into the kitchen, and put it back again in the same place in the shop—no one was in the shop when I did so that I am aware of—my wife was in the kitchen—I don't think the prisoner was there when I used the arsenic on that occasion, because I was always very cautious—between that time and the Saturday when my wife gave me something in a cup I had not been to that arsenic—on that Saturday I went and looked at the arsenic after I came back from the doctor—I found that it had been disturbed; the box had been moved, and the coverings over it had been moved too; some mats that I kept over it—the box had been shifted, and the best part of the arsenic was gone—it was in two papers, one inside the other, and the outer paper was gone—it was a paper similar to the inner one in which the arsenic is now—both papers had labels on them—about 11 o'clock on that Saturday morning my wife gave me a teacup; there was something on the bottom of it—we talked a little while over it, and then I put the cup aside on a chest of drawers in the shop—it remained there about an hour and a half, when I showed it to Dr. Harle—he came by, and I called him in and asked him what he thought it was—nobody had touched it since I put it there—I had remained in the shop, and I had put it out of any one's way—the doctor did not take it away with him; he was going somewhere, and told me to bring it to his surgery, which I did, between 3 and 4 o'clock that afternoon, and gave it to his assistant—Mr. Harle was not there—the stuff in the cup was of a dirty whitish colour, like the arsenic—it was the similarity between the colour of it and the arsenic that roused my suspicions, and caused me to speak to the doctor.
Cross-examined. The other children had access to the shop—they were playing in and out of the shop—we do not get our water from a well; it is laid on from the cistern into the kitchen—the cistern is outside the house, over the kitchen—I had cleaned it out some few weeks before; it might be
six weeks or two months—the water runs out two or three times a week—when I put the arsenic on the potato I covered it well; I took the potato in my hand, cut a slice off, undid the wrapper and put a little on, and then rubbed my hand over it, and shook a little on the potato out of the package—that was in the kitchen—I think I placed three slices of potato, all equally covered—I did not ask the prisoner to bring up the tea on the Saturday morning, I was getting up when he brought it up—my wife was in bed—it was a usual thing for him to bring up a cup of tea on the Sunday without being asked—on the Wednesday he brought it up just before 8.30—I hardly know whether the prisoner can only read imperfectly; it is not for want of going to school—his education is not so good as I should like it—he has his different books at home, the "Leisure Hour" and the "Boys of England," and such books as those—he reads those—he reads them to himself; he has read so seldom in my hearing that I could not say whether he reads well or badly—I know he can read a little—he is not thirteen yet.
COURT. Q. Whereabouts in the shop is the place where you had the arsenic? A. It is an open furniture shop, and the goods are all over the place—I have some old unsaleable stock, and it was concealed amongst that; a mattrass, part of a bedstead, and a table; they were placed against the wall, and this box or drawer was concealed in the cornice of the bedstead, on a table—the mattrass was placed on a table against the wall, and in front of it was the top cornice of a bedstead, which was placed on end for show, and this was placed in the recess of the cornice, and matting put over it—when I went to look for it it was in the same place, but disturbed; I could see plainly enough that it had been shifted; the matting was partly over it—there had been some arsenic loose at the bottom of the box when I left it, and the packet was very nearly full; I had used but very little of it—when I found it there was more loose than there had been before, and the outer paper was gone—my son was at home, up stairs, when my wife gave me the cup—I did not speak to him about it that day.
THOMAS WILLIAM HARLE . I am a surgeon at 23, Essex Street, Islington—on Saturday, 7th December, I was called by Mr. Hoy into his shop—he said something to me, and showed me a cup containing a dirty white substance at the bottom—I did not form an opinion what it was at the moment—I did before I left the shop, from what I saw and from what hestated—he did not show me this drawer—I did not take the cup away with me—about 7 o'clock in the evening when I went home, I found the cup there; I received it from my assistant; it was in the same condition—I afterwards analysed the stuff—there were about three-parts of a teaspoonful; about a drachm; I proved it to be arsenic—if it was taken it would kill a person—it would kill a dozen persons—it is a heavy material, it would sink to the bottom of any liquid that it was put into—I have heard the symptoms described by Mrs. Hoy on the Wednesday; purging and vomiting are the symptoms that would be produced by arsenic—I have heard that it was two hours before she felt unwell—the quantity she then took I should imagine was very slight—this box contains arsenic—it is exactly the colour and appearance of the stuff in the teacup.
Cross-examined. The symptoms described by Mrs. Hoy are consistent with natural illness—diarrhea might come on in the same way.
EMILY HOY, JUN . On the same evening that my mother was taken ill, I was taking my little sister up to bed, and I heard my brother (the prisoner) say "The first poison I get hold of I will take"—he was in bed at the time
I was just going to take my sister into the room—I don't know what time this was, it was in the evening, I was going to put my sister to bed; that was all I heard him say—I did not say anything to him—I afterwards told my mother.
Cross-examined. My mother was taken very ill on the Wednesday morning; it was that same night that I heard this—no one had been talking about poison or being poisoned—my mother had not said anything that day about being poisoned—I play about the shop and look at some of the things, and so does my little sister—sometimes I stop in the kitchen and she runs into the shop—I go to school at 9.30—I can't tell what time I get up; it is light when I am dressing—I do not dress myself; mamma dresses me every day—I go to school directly after breakfast—I learn my lessons at school.
Re-examined. I have never seen this box before; I had never seen it in the shop or ever touched it—I don't know what time it was when I heard my brother say this, it was rather early—I don't know why he had gone to bed so early.
JAMES TAYLOR (Police Inspector N). About 11 o'clock on Saturday evening, 8th December, I received this cup and its contents from Mr. Harle; I then went to 10, Pierpoint Row, and saw the prisoner in the presence of his father and mother—I asked him if he had put anything into the cup of tea which he gave to his mother yesterday morning—he said "No"—(I did not caution him—I had not taken him into custody at the time)—I asked him if any other person assisted him in making tea—he said "No, I made it myself"—I then told him that I was an Inspector of Police, and should take him into custody for attempting to poison his mother, by putting arsenic into the cup of tea—he said "I should be very sorry to poison her or anybody else."
The Prisoner's Statement before the Magistrate:" On Saturday morning as I was making the tea, I noticed pretty well all round the teapot something of a blue and white colour; not thinking it to be anything, I made the tea as usual, and stood it down as I always did, and then, after a little while, I took some up stairs. That is all."
EMILY HOY (re-examined). Nobody was living in the house but my husband, myself, and the children—we had no servant or apprentice—we have tea in the afternoon as well as in the morning—I had tea on the Friday evening out of the same teapot—I can't recollect whether I washed it up and put it away then, or the children—the little girl occasionally washed up if I was called into the shop—the prisoner occasionally washed up—I drink milk and sugar with my tea—I am in the habit of stirring it before drinking it—we use loaf sugar—we very seldom kept brown sugar in the house; sometimes we did—I can't say that there was none in the house at this time.
Strongly Recommended to Mercy by the Jury on account of his Youth.—Ten Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution.
husband in France—I married her—she was not living with me on 23rd November last—on that day I went to see my daughter, who lives in Gerard Street—when I returned home about 9.30, I found the prisoner sitting on the stairs—I said "Hallo, is this you?"—I was going up stairs, because I knew what sort of a woman she was, and did not want to have anything to say to her—he said she wanted to speak to me—I came down again, and said "Well, now, what have you got to say?"—it was on the landing and dark—I was about a yard from her—I could only see her indistinctly—I was listening to what she had got to say, and all at once she deliberately threw a basin at me, and said "That"—I felt myself burning in my face and eyes and neck and hands, and I called out loudly for water—I fancied I was all on fire—I went into a lodger's room and washed my face—the prisoner went down stairs along with a lot of boys in the court and gave them halfpence to come and burst the door open—she was up stairs on the landing when she threw the basin at me; it struck my hat—the basin was broken in two—this is the hat I had on (producing it very much burnt) and these are the clothes—there was no one else on the stairs at the time—I went to the police-station, and returned to the house with a policeman, and gave her into custody—I found her in the house at my room door trying to burst it open, and a lot of boys with her—on going to the station, she said "I wish I had blinded the old b—," and she attempted to strike me in the station—she said she could not get all vitriol; she had walked nearly three miles for it, but they would not serve her with it; she could only get vitriol and oil—I was taken to the hospital, and my face was dressed; I returned home the same evening—I was not in the hospital at all, only as an out-patient for nearly a fortnight—my hat was in a good condition before this; it was my Sunday hat—I had it on that day because I had been to Mr. Newton, the Magistrate, respecting the protection of my daughter, and I wanted to look respectable—the prisoner wanted to take my daughter away from her place—she says it is not my daughter, but I am sadly taken in if she is not.
COURT. Q. How long have you been married to the prisoner? A. Twelve years; and out of that time I think we have lived together six years—I was a painter and glazier and paperhanger, a little master for myself, when I unfortunately married her—she was not living with me, because I could never keep a home together; she would not be in a home a week or a fortnight but she would take all the things away, and leave me nothing, not even a pair of trousers—it is all drink—she would be very well, and a nice little wife, if it were not for the drink—I have two children living; the oldest daughter, who is in service, is sixteen, and the other five—I have the child—I had not turned the prisoner out—I have had seven homes for her—she always had a good home till the last thirteen months, when she went away and left me and the child with the whooping cough, and then I would not have any more of her innovations, for she only came for the purpose of robbing the place, and I would not let her in—she has been back during that thirteen months and tried to get in, and she has done so and robbed the place, once when I was in and once when I was out—I swear that she has taken things away—it is about six months ago that I heard of her being married to another man; that had no effect upon me—I have seen her in the streets two or three times during the thirteen months—she did not ask me to let her come home; she was at work with some mangling woman, therefore she did not wish to come home—I had not seen her for
about five months before this night—I am working for Morant & Boyd in Blandford Street, upholsterers and decorators, and have been working for them eight years on and off, not constantly.
Prisoner. He says he did not see me for five months—he saw me on the Monday previous to the Saturday, I went to see my child, and he took me by the throat and threw me out of the room.
Witness. I beg pardon; it was an omission of memory on my part; she did come on the Monday under the pretence that she wanted to see the child—it was not in consequence of that that I went to the Magistrate; that was about my eldest daughter, who was in service—she sent me a letter asking me to protect her—I did not take the prisoner by the throat and throw her out of the room on the Monday; I put her out of the door by the Magistrate's advice; I dare not let her be in, she would only have smashed the things—I used no more violence than was necessary.
Prisoner. He says he heard I was married before—he knows perfectly well that I was not—my eldest girl was two and a half years old when I became his wife, and she does not belong to him—I have been away from him sixteen months last September twelvemonth, through his ill-usage—I was taken ill in the street, and taken to the infirmary—I am subject to fits—I was there a month, and was taken from there to Charing Cross Hospital and the Strand Union, and he is now cohabiting with my sister.
WITNESS. I married her on the faith of the child being mine—she said then it was, now she says it is not—I am not aware that she was taken to the infirmary—she was seen drunk in St. Giles for three days after she left home—the woman she calls her sister is not her sister—she has been kind to the child, and since the prisoner left me we have done the best we could honourably together.
HARRY COULTER (Policeman C 59). On Saturday night, 23rd November, I was called to the prosecutor's house, and there found the prisoner—the prosecutor gave her in charge for throwing vitriol in his face—I told her I should take her to the station—she said, "I will go with you, and then I shall have justice"—on the road to the station she said, "All I am sorry for is that I have not blinded the old b—"—she made a rambling statement—she had been drinking—she said the prosecutor was living with her sister; she should not care so much if he had taken a girl out of the street, but to live with her sister, she could not stand that—when I took her into custody a man picked up a broken basin on the staircase and gave it to me—it contained a liquid—I, took it to the hospital, and gave it to Mr. Pitts, the surgeon.
ALFRED STEVENS (Police Sergeant C 2). The prisoner was brought to the police-station, and while taking the charge she said "I am sorry I have not blinded the old b—; they would not serve me with what I asked for, but only vitriol and oil"—she said that her husband had repeatedly ill-treated her, and that she had had her left breast taken off through injuries she had received by him, and that her sister was living with him as man and wife—that was all she said in his presence—he did not say anything; he was making the charge—she had several fits at the station—she was in a very weak state; I had to send for a surgeon, and remove her to the workhouse.
ROBERT ZACCHEUS PITTS . I am house-surgeon at the Middlesex Hospital—on 23rd November the prosecutor came there with a policeman—he was suffering from a burn of the face, neck, and hands, caused by some acid
—he was not dangerously hurt, his face was much burnt and marked—I believe there is a scar now—sulphuric acid or vitriol would have caused it—the scar would remain a long while—I did not see the prisoner—the policeman brought me part of a basin, containing a small quantity of liquid—it was sulphuric acid, commonly called oil of vitriol.
The Prisoners Statement before the Magistrate: "On Monday last I called to see my husband, and he thrust me out. He told me to take the child to school, and I did so. I said if he interfered with her something dreadful would happen. I was very much excited, and I went to the house, and was answered by my sister. I went and bought the vitriol; he called me a b—b—, and I threw it at him."
Prisoner's Defence. I lived with that man twelve years, and out of that I have had ten years of misery, knocking me about, even in my confinements. I had to be taken to the hospital. I had my ribs broken, and he threatened to put me into a boiling copper. He would not support me, and has left me with a pennyworth of milk for me and my child. I had to go to the workhouse, and he had to pay for my maintenance for a fortnight. He then begged me to come back again. I was in the family way, and he turned me out; I had to go about carrying a dead child in me, while he was living with another woman. I came home after two months with brain fever. He was then cohabiting with another woman, underneath. He struck me on the head, and I was taken to the Marylebone Infirmary, and was out of my mind for three weeks through his ill-usage. When I came back there was not a stick in the place; he had taken both my children away, and left only a bag of shavings. I then collected another home, and he came home on 12th January. On 28th March he commenced breaking up my things again, and ill-used me, and struck me in the breast with the leg of the table. I left him for some weeks, and then came back. I was then in the family way again, towards the latter end of the year; my breast was very bad, and after a three weeks' confinement I had to go to the Middlesex Hospital, and remained there four months, and during that time he never came near me to give me even an ounce of tea. The last fortnight he deserted my children, and did not give them a loaf of bread. I had to leave the hospital before my time to see my children. On 5th September, last year, I was taken ill in the street, and taken to the union, and was laid up for a month, and when I came home I found my home gone, and these two living together as man and wife. This time I would not have gone near him, but I wished to see my children. I asked him to leave me the eldest, as she did not belong to him. He said he would do as he liked with her, and I should not have anything to do with her. I went to see her on the Saturday night, and found that my husband had been to the Magistrate making a statement that I only wanted to get her away from her situation in order to pawn her clothes, which was quite wrong; the girl wanted to leave. When I found that I was refused admission to the girl I went and bought this, but not for him; I did not intend to find him at home, as he is generally at the public-house at that time of night. My sister answered me through the door, and defied me to come in; she said she was inside and she would take care to keep me out. I sat on the stairs for a quarter of an hour, and when he came up stairs she called out "Look out, Amos; there is somebody on the stairs;" he said "Is there?" I said "Yes, there is," and I threw the cup in the darkness. I could not see where I threw it. I then waited till the policeman came. That is all I have to say.
ALFRED STEVENS (re-examined). I know these people—I believe the man has been working for eight years at Morant's, and, as far as I know, is a respectable man—I know nothing against the prisoner—I never saw her drunk—I made inquiries at the hospital, and found she had been there with a bad breast some time back, but it was a cancer, not caused by injuries—he was summoned for it before Mr. Newton, and he dismissed the case.
Seven Years' Penal Servitude.
NEW COURT.—Wednesday, December 18th, 1872.
Before Mr. Justice Quain.
MESSRS. POLAND and BEASLET conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
GEORGE KELLER . I am assistant relieving officer to the Strand Union—on 14th November, about 6.45, a person named Eliza Chirgwin, with three children, applied to me for a night's lodging—I told her that the wards were closed, but that I would give her an order for another workhouse—this is the order I gave—(Read: "Strand Union, 14th November, 1872. To the Master of St. Giles's Workhouse. Admit Eliza Chirgwin and three children, Mary, William, and Charles. G. Keller, assistant relieving officer.")—It was given to the bearer at 6.45 p.m., when she was informed that if it was not presented within one hour of that time admission might be refused—it was a stormy night, and the mother and her children appeared wet—I did not think it a case to take into the house at once, but that it was a proper case for the casual ward—I acted in obedience to orders that were given for my guidance—the woman was quite sober when she applied to me.
Cross-examined. The Strand Union Workhouse is in Cleveland Street, Fitzroy Square—St Giles's Workhouse is in Short's Gardens, about three-quarters of a mile off—it was raining hard—the woman did not appear in much distress—I did not swear before the Magistrate that she was in much distress—I did not swear then that she was in a pitiful condition—I do not recollect swearing anything of the kind, because she was not in a pitiful condition—I will not swear I did not make such a statement before the Magistrate—the wards were closed, and I could not admit people unless in urgent sickness—although the wards were shut the workhouse was still open—the woman applied as a casual—the master of the workhouse was in the building, but I did not think it necessary to apply to him—in cases of urgent sickness it is my duty to apply to him—before 11th November casuals were taken in—it is quite right that I swore before the Magistrate that the woman and the three children were as wet as if they had been dragged out of the Thames.
Re-examined. The arrangement to send the casuals to St. Giles's Work-house came into operation on 11th November—the woman did not complain of illness—she did not say anything about the baby not being well.
ELIZA CHIRGWIN . I now live in Cleveland Street Workhouse—I am a single woman—on the night of 13th November I had three children, Mary, seven years of age, William, four years, and Charles, three months old—their father is named William Jerrard, and is gone to Chicago; I was going out with him, but they would not take me on board—I am a waistcoat hand,
but I do anything I can—on the night of the 13th I slept at my aunt's, in Crown Street, Soho—on the following morning my cousin came home, and consequently that night I was not able to sleep there—having no means of paying for a night's lodging I went to the Cleveland Street Workhouse—it was raining very hard—I wanted to be taken in for the night only, as I intended to go back to my aunt's the next day—I asked Mr. Keller to give me a night's lodging; he replied "I would take you in if I possibly could but the wards are closed"—he then gave me an order for St. Giles's Work-house, and I went away—it was then raining very hard, and on the way I stopped at two or three doors for shelter—I got the order about 6.30, I should think, and I went direct to the St. Giles's Workhouse, Short's Gardens—I rang the bell, and the prisoner answered me—he said "You want a night's lodging?"—I answered "Yes"—he then asked whether I had been elsewhere, and I said "To Cleveland Street"—he then asked whether I had an order, and I said I had—he said "Come in"—as I went in he said "Oh! you are drunk again, are you?"—I said "No, I am not; you accused me of that the last time I was here"—he then said he would send for a constable to lock me up, adding "March over there, you drunken beast"—I gave the prisoner the order—I had drunk only half a pint of beer that day—his wife, who was standing by, with a shawl over her head, said "That's right, lock her up"—she then went away, and Mr. Cannon sent the gateman to get a constable—in the meanwhile I sat down on a form, and the children began to cry because we were going to be locked up—we were then very wet—a constable came in five or ten minutes—the prisoner told him that he wanted to charge me with being drunk and abusive—the constable spoke to me, and then called Mr. Cannon on one side—I did not hear what they said to each other—subsequently Mr. Cannon ordered the constable to take me to the station, and I was taken to Bow Street—there Inspector Usher would not take the charge brought against me—I did not use any abusive language to the prisoner—the Inspector told me to sit down by the fire, and sent out for some coffee and bread and butter—the police surgeon was called in to see us, and then we were sent back to St. Giles's by another constable, because, the Inspector said, perhaps Mr. Cannon would take me in then—when we reached the workhouse Mr. Cannon was standing at the door—he spoke to Mr. Smith, the assistant surgeon, and then refused to take us in—the policeman said "Then you will not take her in?"—he replied "No"—the policeman then said "Then I must take her to Cleveland Street"—the prisoner added "Take her away then"—he also said "She is quite able to walk"—the constable then took us in a four-wheel cab to Cleveland Street, where we were taken in and put to bed, supplied with tea, and our clothes were dried—when I first reached St. Giles's I think it was about 7.30, and when we got to Cleveland Street it was 9.45—when the constable took us into custody we walked to Bow Street—it was raining then, and also when we returned to the workhouse, but not quite so much—the baby was in long clothes, and they were very wet—the baby remained with me during the night—before this day it had had a slight cough, but nothing to speak of—it had a cold about five weeks ago, but had recovered—it was a beautiful little dear, and was fat—on Friday morning, between 5 and 6 o'clock, it became very restless—it coughed, and had a kind of wheezing at its chest—I spoke to the night nurse about it—at 11 o'clock on Friday morning I showed the baby to the doctor, and he prescribed for it—medicine was given and poultices were applied—on Saturday it became
much worse, and on Sunday morning, at 4.30, it died—when we got to Cleveland Street we were wet, but not wet through; by the time we got back to St. Giles's Workhouse we were wet through.
Cross-examined. It is some distance from Cleveland Street to St. Giles's Casual Ward—we were wet and cold too—it took three-quarters of an hour to walk from one place to the other—I had two little children by my side, and I stopped two or three times for shelter—the workhouse of St. Giles and the casual ward adjoin each other; there is a separate entrance to each building—I found the prisoner at the workhouse entrance, and Mr. Smith said he did not see any illness to warrant an order being given for our admission to the workhouse—I had been to St. Giles's before, in the name of Gerard, the name of the father of my children—I have been several times to the casual ward of St. Pancras, where I was once charged with being drunk—the superintendent did not make a mistake that day; I had been having a little—I remember the nurse of the casual ward at St. Pancras—my child was never taken away from me there except when I was in the bath, not even on the occasion when I was drunk—I have been there twice with my baby—I have been in two or three casual wards when I could not pay for my lodgings.
By the COURT. When I went to St. Giles's the first time I went under the name of Eliza Gerard, and then the prisoner charged me with being drunk—he sent for two policemen on that occasion, but I was not taken to Bow Street—he threatened me that if I did not pick so much oakum the next morning he would have me locked up—he left me half-a-pound to pick, but, having bad thumbs, I could not do the work—he then said he would have it "in" for me if I came in again; he said it was through obstinacy that I did not pick the oakum—the last time I was there was about a month previous.
SAMUEL GEORGE KEMP (Policeman E). A little before 8 o'clock, on the 14th November, I was sent for to the casual ward of St. Giles's Work-house—I went and saw the prisoner, who said to me "Constable, I shall give that woman into custody for being drunk and abusive"—I put several questions to her for the purpose of seeing whether she was drunk—I then took the prisoner aside, and said "Mr. Cannon, you are surely not going to charge that woman with being drunk?"—he replied "I shall do so"—I then said "You are surely not going to send those children out a night like this?"—he replied "I surely shall, and you will have to take them to the station"—I then refused to take them on such a charge—the prisoner upon that said that if I did not take them he would call in another constable, and report me for refusing to take them—I subsequently thought it would be more humane for me to take them before the Inspector than to leave them in the yard, exposed to the cold and wet, and I determined to take them to the station—the conversation lasted five or six minutes; we were then standing in a shed; the distance to the station was about 300 yards—the prisoner also came to the station, and as the Inspector was engaged for a moment, I again took the prisoner aside, and said to him "Do not charge the woman with being drunk, as I shall not swear that she is drunk before the Magistrate to-morrow"—he answered "I shall do so"—upon this I put the woman in the dock, and Inspector Usher came—I stated the charge made by the prisoner, when the Inspector said to me "Will you swear before the Magistrate to-morrow that that woman is drunk?"—I said "No, sir, I will swear she is not drunk"—she was not drunk, and I do not
believe she had been drunk that day—the Inspector ordered the woman out of the dock, when Cannon said he would charge her with giving a false name—Mr. Usher sent me to get some refreshment for the woman and her children, and afterwards I went for the surgeon—in regard to the charge of going under a false name Mr. Usher said that was some afterthought, and that he would not take it—the prisoner went away, but returned with a copy of an Act of Parliament—I had been called off duty, and I returned to it.
Cross-examined. I did not notice any hesitation in the woman's speech; she spoke very plainly.
Re-examined. I served a notice to produce on the prisoner on the 16th December, at Mr. Turner's, Short's Gardens—I offered the notice to him but he refused to take it—I read it to him and brought it away. (This was a notice to produce a copy of the Resolution of the Guardians of St. Giles and St. George, and a copy of the order of the 1st October, made by the Guardians, for the admission of casual paupers of the Strand Union, into the workhouse; together with a letter accompanying them sent to the prisoner.)
By the COURT. Nothing was said in my presence as to the baby's being ill—no reference was made to the condition of the child, except the remark I made to the prisoner about the children being wet and sending them again through the street.
WILLIAM USHER (Police Inspector E). On the evening of the 14th November, I was on duty at the Bow Street Police Station—at about 8 o'clock I saw Eliza Chirgwin in the dock, and the prisoner then charged her with being drunk and using abusive language—I told him that I could not substantiate a portion of the charge, that of drunkenness, as I believed her to be sober—the woman denied using abusive language, and said the prisoner had called her a drunken beast—the prisoner afterwards said he would charge her with giving a false name, adding that on a former occasion she gave tie name of Gerard, and that now she had come in the name of Chirgwin, which he believed to be false—the woman then said that the former name was the name of the father of her children, and that her own name was Chirgwin—I then told the prisoner that I did not consider that a false pretence, and I refused to entertain the charge—I next told him that, in my opinion, he had acted very cruelly towards the woman and her children in sending them out in the rain; and that I should send for the divisional surgeon and procure his opinion on the subject; and that if he thought fit, I would get a certificate from him and send them back to the same workhouse—he then said that if I did so he would not receive them—he did not say why—it was a tempestuous night, the rain falling incessantly—the children were very wet, and apparently very tired and worn—I directed them to sit by the fire and sent out for some refreshment for them—Dr. Mills came and saw them, and then wrote this certificate (produced)—the prisoner returned to the station in about half-an-hour with an Act of Parliament; and pointed to a clause in it, saying that under that clause I must take that charge which he had made respecting a false name—I was well aware of the clause, and I said it was of no use, as I should not take any charge against the woman that night; I also said that I considered the charge an afterthought—the prisoner then asked for the Superintendent, but he was not in the station—he then went away, and I got another constable named Scutt to go back to the workhouse with the woman and her children telling him to show the certificate of Dr. Mills,
and that if he did not succeed in getting them in to take them to the Strand Workhouse—he left the station a few minutes before 9 o'clock—they were at the station about fifty minutes—one of the children dropped asleep on the floor in front of the fire, and I noticed the baby cough and wheeze at the chest—the woman was perfectly sober—I had a long conversation with her, and she conducted herself in a very quiet way—at 9.30 the prisoner again returned and saw the Superintendent, to whom he complained of my not taking the charge—the Superintendent told him that the charge of drunkenness was not true, and then the prisoner admitted that she was not drunk, and that he had made a great mistake—the Superintendent further said that the charge of false name was not one that the police could take; that the police would render him every assistance, but he would not allow the Act of Parliament to be forced or strained to meet such a case as he had brought—the Superintendent told him I had done perfectly right, and complained of his conduct in sending the children out such a night—when I apprehended the prisoner I took him to the police-station in a cab.
Cross-examined. The distance between St. Giles's casual ward and Bow Street Station I should think is from 350 to 400 yards—the distance from the Strand Union workhouse and St. Giles' casual ward is about a mile and a quarter—I believe this prosecution is conducted by the Treasury—the Superintendent applied for professional assistance in the usual way.
SAMUEL MILLS . I am divisional surgeon to the police—about 8.30 on the night of the 14th November, I went to Bow Street police-station and saw Eliza Chirgwin and her children—they were wet and miserable-looking—my attention was particularly called to the baby, who looked pale and cold, and had a cough; its clothes were thin and wet—I thought it was proper to send them to the nearest workhouse, and I wrote a certificate to that effect—it was very dangerous to allow a child of that tender age to remain in wet clothes—that produced is the certificate—(Read:" I recommend that Eliza Chirgwin be admitted to the workhouse of (blank) Union, as she has a baby at the breast, having a very bad cough and looking badly nourished. She has also two other children who want food.—Samuel Mills, divisonal surgeon, November 14th, 1872.)
Cross-examined. The certificate is not directed to the casual ward, but to the nearest workhouse, which was St. Giles's—if a child had a cough and was three quarters of an hour in the open streets, in a pouring rain, clad as that child was, such exposure would considerably aggravate the cold.
CHARLES SCUTT (Policeman E 453). At about 8.45 I accompanied Eliza Chirgwin and her three children to St. Giles's Workhouse—we went to the main entrance in Lascelles Place, where we saw the prisoner—I gave the porter the doctor's certificate, and both he and the prisoner read it—we were then taken to the surgery, where the prisoner left and returned with Mr. Smith, the assistant surgeon—I showed the latter the certificate of the divisional surgeon; and Mr. Smith, after looking at the woman and her children, said he thought they were fit to proceed to Cleveland Street—the prisoner then refused to admit them, saying that the woman was under the influence of drink—he said nothing about admitting the children—I then took the woman and the children away, and having procured a four-wheeled cab, we proceeded to Cleyeland Street, where they were taken in—when I went to St.
Giles's I did not go to the casual entrance, but to the main entrance to the workhouse.
Cross-examined. Did not know that the prisoner had no power at the workhouse, and that he belonged to the casual ward—Mr. Smith was two or three minutes looking at the woman and her children.
By the COURT. When I said I would get a cab and take them to Cleveland Street Workhouse, the prisoner said that I need not take a cab, as they were able to walk—that was said in the presence of Mr. Smith.
THOMAS SOMERVILLE SMITH . I am assistant medical officer to the united parishes of St. Giles and St. George, Bloomsbury—at about 9.30 on the night of the 14th November I was at the workhouse, when the prisoner came to me, saying that he had some casuals below, whom he wished me to see—he said that they belonged to the Strand Union; that he had taken them to Bow Street, and charged them; that the Inspector had refused to take the charge; and that he had brought them back, and wished me to see them—he gave me to understand that he had brought them back, and he wished me to state my opinion as to whether they were able to go to Cleveland Street—I then went to the surgery and saw them—I read the certificate brought by the constable—the baby had a slight wheezing at the chest; but I stated that it was my opinion that they were able to proceed to Cleveland Street—the slight wheezing indicated bronchitis—I thought they were able to walk, but I heard the constable say he would take them in a cab—the woman was quite sober—when she went out she exclaimed to me "God bless you"—I attended her at the workhouse when she was suffering from uterine hemorrhage—I attended her first as an out-patient, and subsequently she came inside—that was three months ago—the clothes of the woman and children were wet, but not wringing wet—it is no part of my duty to see casuals, but I thought the prisoner had obtained authority to come and ask my opinion—after they were taken in, if they became ill, it would have been the duty of the prisoner to send for me—I have told all that was said between us on that occasion—the prisoner did not tell me that the woman had been to the Strand Workhouse, or that they had come to be admitted to St. Giles's Workhouse—he only told me that he had taken them to Bow Street; he did not say how long they had been in wet clothes.
Cross-examined. I did not enquire how long they had been in wet clothes, nor as to their wanting food—I did not think it was my duty to send for the master of the workhouse; it was a casual ward case—I was never before called to say whether casuals were able to proceed to another union workhouse—it was not raining very much when I saw the woman and children at 9.30—I observed that the child looked pale, they all looked pale; still I thought them fit to proceed with safety.
JAMES RANKLEY . I am master of St. Giles's Workhouse, a position I have held fifteen years—the main entrance to the workhouse is 50 yards distant from the entrance to the casual ward—the prisoner has held the office of superintendent of the ward for about three years—I was aware of the arrangement to take into our casual wards paupers belonging to the Strand Union; it began on the 11th November, and the prisoner was aware of it—such paupers had to bring with them an order signed by the relieving officer of the Strand Union—I did not know that the woman and her children had been sent away on the night in question until 12 o'clock—I ought to have been sent for—in urgent cases paupers are taken in wherever
they come from at any time—the night porter would take them in; but if there was any difficulty he would send for me—there was plenty of room for casuals that night.
Cross-examined. The prisoner had nothing to do with the reception of paupers into the workhouse; that was the night porter's duty—the prisoner had regular rules to go by—the arrangement between the two unions was to exist for three months, to see how it would act—it was the duty of the prisoner to receive the casuals from the Strand Union, or else to send to the union a communication that the wards were full—if a drunken woman with three children came, it would have been the duty of the prisoner to take in the children and send the woman to the police station—it was not his duty to ask the opinion of the assistant surgeon as to whether the woman and her children were fit to go to Cleveland Street—the opinion that they were fit to proceed to Cleveland Street was no reason why the prisoner should have refused their admission to St. Giles's—I do not know that there are any printed rules for the guidance of the Superintendent of the casual ward.
ELIZABETH GALLY . I am a night nurse at the Cleveland Street Work-house—Eliza Chirgwin and her three children were admitted to this workhouse at about 9,45 on the night in question—I put them to bed and made them comfortable—the baby was a little bit poorly; it had a little cough, but nothing of any consequence—I dried their clothes, which I found very wet—I was on duty as nurse until 2 o'clock the next day—between 5 and 6 on Friday morning the child got worse; soon after, it refused to take the breast—it died on Sunday morning, at 4.30—everything was done that could possibly be done for the child.
ELIZABETH OWEN . I am superintendent nurse at this workhouse—I saw the children at 10.30 o'clock on Thursday night, when they were all asleep—at 5.45 the following morning, I was told that the baby was not well—it had a bad cold, and was wheezing at the chest.
JOHN ANGUS . I am a Member of the Royal College of Surgeons, and a Licentiate of the Apothecaries Company, and medical officer to the Strand Union—on Friday morning, the 15th November, between 10 and 11 o'clock, I saw the deceased child; it was suffering from the effects of a cold—I ordered linseed poultices to be applied both to the back and the front of the child, and I prescribed medicine for it—on Saturday it had become much worse—I saw it last alive on Saturday—after its death, by direction of the Coroner, I made a post-mortem examination, when I found that the child had suffered from bronchial pneumonia, which I believe was the cause of death—I believe, from the state of the child when I first saw it, that the inflammation had not existed for more than a day—in forming my opinion, I took into account all the circumstances of the case—I found all the organs, excepting the lungs, in a healthy condition—I have been a surgeon for thirty years—the longer the exposure of a child such as that the greater the danger—if at the time it had a slight cold, exposure would be still more dangerous—to keep a child in wet clothes from 7 to half-past 8 or to a quarter to 10 would have a tendency to shorten its life—if it had been suffering from a cough, keeping it in wet clothes and exposed to damp air were calculated to produce the disease which I found on making a post-mortem examination.
Cross-examined. If a child was suffering from a cough, and was carried
through a pouring rain for three quarters of an hour, that would tend to produce such a disorder as that of which this child died.
Re-examined. If a child of this tender age were kept in wet clothes that would aggravate the evil—I believe the time this child was exposed to the wind and rain, and kept in wet clothes after it was brought in the first instance to St. Giles's, accelerated its death—that is decidedly my opinion.
JAMES APPLETON . I am clerk to the Vestry of St. Giles's—the papers produced were sent to the prisoner on the 3rd October by me in the course of my duty—one is a copy of the resolutions of the Board of Guardians, dated 24th September, 1872, relating to the reception of paupers from the Strand Union, and the other is a letter which accompanied them—this letter (produced) is in the handwriting of the prisoner—(The letter was dated 12th November, and addressed to the Board of Guardians. It ran thus:" With reference to your decision of 17th September last, that my application for an increase of salary should stand over, pending the negotiations with the Guardians of the Strand Union, I beg to inform you that I commenced last evening receiving casual paupers from the workhouse. Trusting that you will kindly take into consideration the extra amount of duty which I now perform, I beg to remain your obedient servant, Geo. Cannon.")
JAMES RANKLEY (recalled). It is the practice at the casual ward to take off the wet clothes of paupers, and furnish them with dry clothes, until their own have been dried—if a constable in uniform brings a person to the workhouse such a person must be admitted; the presence of the constable is equivalent to an order—the certificate the constable brought to the workhouse, signed by the divisional surgeon, was unnecessary to procure admission.
GUILTY .— Twelve Months' Imprisonment.
THIRD COURT.—Wednesday, December 18th, 1872.
Before Mr. Deputy Recorder.
MR. LILLEY conducted the Prosecution; and MR. A. B. KELLY the Defence.
NOT GUILTY .
FOURTH COURT.—Wednesday, December 18th, 1872.
Before Robert Malcolm Kerr, Esq.
73. GEORGE COOK (23) , Feloniously killing and slaying John Gilham. He was also charged on the Coroner's Inquisition with the like offence. MR. HUMPHREYS conducted the Prosecution; and MR. GLYN the Defence.
JEREMIAH GILHAM . I am a labourer, of 20, Warwick Street, Blackfriars Road, Southwark—the deceased was my brother—on Sunday night, 10th, November, about 10.30, I was with him in Parliament Street, going towards Charing Cross—when we got to the corner of Charles Street I saw a cab coming up at a very unusual pace, and within 10 yards of the top of the street I halloaed out, and put up my hand—my brother attempted to get back to the kerb again, and the hind wheel struck him on the breast, and knocked him backwards, and then he fell insensible—the prisoner stopped, and I said "Cabby, what has caused you to come round the turning at such a rate as that?"—he helped me to put my brother into his cab, and take him to the hospital—nobody was in the cab, but some one was riding on the
Springs—I am not a judge of speed, but the cab might have been coming at eight miles an hour, and it might have been more.
Cross-examined. It was not very dark; there was a light in Charles Street, a light at the Red Lion, and a light in Parliament Street—Charles Street is not very long—the cab came up Charles Street, and was turning the corner into Parliament Street—my brother was in the act of crossing—it struck him on the left breast—he had been drinking the share of a quartern of rum between three of us—he was about 3 feet ahead of me when he heard me halloa—the cab did not go over him; it knocked him down—Hansom cabs generally appear to go fast, this one especially—it was driving at a very unusual pace, coming out of a turning especially—it was going faster than usual, even for a Hansom cab—it appeared as if the horse had just been livened up by the whip—it was about 10 yards from me when I saw it first—I had not time to catch hold of my brother; I was on the point of stretching out my hand to him and holding up the other to the cabman—he took a step back when he heard me halloa, and that made, the wheel catch him on the left breast.
Re-examined. There is no pretence for saying that my brother was drunk—the cabman did not slacken his speed at all till a gentleman halloaed to him—my brother was 3 feet ahead of me.
WILLIAM GASTON . I am house-surgeon at St. Thomas's Hospital—on 16th November I received the deceased into my care in a state of almost perfect insensibility—at the back of his head was a cut an inch and a half long, extending to the bone—his left breast and left knee were bruised—the wound on the head would be likely to be caused by falling on the kerb—I attended him till he died, and afterwards made a post-mortem examination—a considerable quantity of blood was effused between the scalp and the skull, and there was an extensive fracture of the skull 3 inches long, and effusion of blood on the vessels of the brain and the base of the brain—the fracture of the skull was the cause of death.
Cross-examined. He had been drinking; his breath smelt of drink when he came in.
Re-examined. Being insensible it is impossible to say whether he was drunk, but his brother was perfectly sober.
ALLEN JOHN CORSBY . I am a member of the Bar, and live at Lincoln's Inn—I was coming along Charles Street to Parliament Street on this night at 10.30, and saw a cab coming at a quick pace—I thought there would be an accident before it happened—I was about the length of this room from the comer of Charles Street when it happened—I heard a cry, ran across the road, and saw a man lying on the ground—I shouted out "Stop that cab," and it stopped—I cannot tell the rate it was going at, but it was a furious pace.
Cross-examined. Hansom cabs do not go fast when they are empty—I will undertake to say that it was going more than five miles an hour, and my impression is that it was going more than six miles.
Re-examined. He did not appear to slacken his speed going round the comer.
GUILTY .— Eighteen Months' Imprisonment.
MR. MEAD conducted the Prosecution; and MR. BROMBY the Defence. The details of this case were unfit for publication.
NOT GUILTY .
before Mr. justice brett.
75. JOHN BUNN (29), GEORGE RAY (36), EDWARD JONES (35), ROBERT WILSON (32), and THOMAS DILLEY (23), were indicted (together with Samuel Webb and James Clarke , not in custody,) for unlawfully conspiring, by divers means and by threats and molestations, to obtain and extort from George Careless Trewby, manager to the Gaslight and Coke Company, a promise, contrary to his own free will, to take back into the service the said Thomas Dilley, who had been discharged from the said service. Other Counts—Charging a conspiracy to break, and induce others to break, their contract of service with the said Company, and varying the mode of stating the charge.
MR. H. S. GIFFARD, Q.C., with MR. BESLEY, conducted the Prosecution; MR. STRAIGHT defended Bunn and Dilley; and MR. MONTAGU WILLIAMS appeared for Ray, Jones, and Wilson.
GEORGE CARELESS TREWBY . I am the superintendent of the Gaslight and Coke Company, at Beckton Station, Kent; that is their largest place of manufacture of gas—our Company supply the whole of the City and the greater portion of the West End—our power of storeage at Beckton is very limited, not more than a third of a day's make—it is quite necessary that the manufacture should go on continuously, night and day—for that purpose we employ about 500 workmen, and divide them into two gangs, the night and the day gang; that is in the retort houses alone, where the fires are attended to, and the gas made—the night gang goes on about 6 in the evening, and they work until about 5:30 the following morning—they are obliged to be on the premises during the whole of that time, the actual time they are at work is about five hours—the change from the night to the day gang takes place between 6 and 7; some go at 6 and some at 6.30, and some at 7, for different portions of the process—with some of the 500 workmen we had written contracts, signed contracts; the others were under a weekly engagement; an advertisement to that effect was posted up at the pay place, to give and take a week's notice—about 22nd November a matter was reported to me with reference to Dilley, who had been, and then was, a servant—I did not speak to him myself, but I gave directions for his discharge—nothing further was brought to my knowledge with reference to the matter until Monday, 2nd December—Collier, a foreman, came to me about 6.45 that morning, and in consequence of what he told me I went to one of the four retort houses on the works—I there saw the night and the day gangs—the night gang should have left the premises by 6 o'clock—before the gangs begin their work they usually change their clothing—none of the day gang that I could see had changed their clothing—I noticed Jones and Wilson standing close to me—I also noticed Webb there—I asked them what they wanted to see me about—they said they wanted to see me about Dilley's case—Webb was the first spokesman—I called for the day gang, because it was their duty to have gone to work—Jones said they were all there—I said "Why do you not go to work?"—Jones said "We have decided not to go to work until Dilley is reinstated"—Wilson spoke to the same effect, and Webb also—I told him as he belonged to the night gang it was not his business; he should have left the works, it was then past 7 o'clock, and I said "The time has now elapsed at which the whole of
you should have gone to your work; the Company have always behaved liberally towards you, they have conceded all that you have asked from time to time, and I call upon all those of you who are well disposed towards them to go on with your work"—Jones said "Yes, ask them that"—not a man stirred or separated himself from the rest—I asked those who were well disposed to separate themselves from the rest—I said both to Jones and Wilson "Am I to understand that you refuse to go on with your work until Dilley is reinstated?"—they said "Yes"—they said Dilley's discharge and the Fulham matter had been put into one—I said I had nothing to do with the affairs at Fulham—this was said loud enough for the other workmen to hear—they made no sign, they all stood together—I told them that I should give them ten minutes for consideration—I left them, and went into the stokers lobby; I saw some men there; I spoke to one of them, a fireman, named Simmonds, and then went back to the body of men, and, in consequence of what Simmonds had said to me, I asked for Bunn and Ray, and put the same question to them: "Am I to understand that you refuse to go on with your work until Dilley is reinstated?"—they said "Yes"—I said "You know you are acting illegally, that you cannot leave your work; some of you are under a monthly agreement, and some under a weekly, and you must not leave your work without giving us proper notice; I will give you ten minutes more to consider of this, and then you will let me know the result"—Jones said "We may as well tell you at once, we have made up our minds"—I said "No; I will let you have the ten minutes for reflection"—I then went away, and in about ten minutes' time returned—Jones, Bunn, Ray, and Webb were there—I won't be sure as to Wilson—the gang were still there, but there were not so many men there—this took place outside the retort house—Jones said they were still of the same opinion—I said "Very, well, then, I will reinstate Dilley, but I reinstate him under protest; now go on with your work"—Webb said "They do not understand what you mean by protest"—I said "Do you?"—he said "Yes"—I said "Then, perhaps, you will explain it to them"—he said to the men "The governor means to punish you," and he said to me "Will you withdraw that word"—I said "How can I? you insist upon Dilley being reinstated, and I reinstate him, but under protest," and I said to them again "Now go on with your work"—Webb said "We may as well tell you we can't go on with our work until the men at Fulham are let in"—I said "That is a matter with which I have nothing whatever to do, end I can do nothing further in it"—Webb said they could not go to work until they received orders from their delegate meeting—I then left them, and consulted with my assistants and foremen—that was the end of the matter—the day and night gangs walked off in a body—I saw Dilley walking away with the men—while the men were there I saw this written notice (produced) on the lobby door, close to the retort house—it is a large dining-room where the men take off their clothes—it was pasted on the outside of the door—the defendants belonged to the day gang—the lobby I speak of is where some of the men would go to change their clothes—we have four lobbies all the same size—this was the lobby connected with the retort house where the meeting took place between me and the men—there were two of these notices—there were two pairs of lobbies, with the doors opposite one another, and there was another notice, similar to this, on one of the other lobby doors—ia the ordinary course of things both the men coming on duty and those going from duty would pass those lobby doors—they could get into the
retort house without going into the lobby, but they would go into the lobby in order to prepare themselves for their work—they would not necessarily pass the lobby in going to the retort house—the night gang could go to the lobby to change their clothes—they could not avoid going there—all the night gang that were there that went away had changed their clothes at the time of our conversation—he notices were in a position where persons could road them—this (produced) is part of the door of the lobby close to the retort house where we had the interview; it has been cut out with the notice on it. (Upon the notice being put in, MR. WILLIAMS objected to its being read unless it was in some way brought to the knowledge of the defendants; at present there was no evidence that either of them could read or write.) I signed these four agreements (produced) on behalf of the Company—these are the signatures of Bunn, Ray, and Jones; Wilson made a mark. (MR. STRAIGHT submitted; that although this piece of evidence disposed of the latter objection, the former one remained; in a criminal charge, in order to make each defendant responsible for the contents of any document, it must be shown either that it was in his handwriting or written with his knowledge and consent. MR. JUSTICE BRETT admitted the evidence, on the ground that, as there was evidence of a conspiracy between the defendants and other workmen, whatever was done by any party to that conspiracy was evidence against the defendants.
The notice was then read as follows:—"Notice.—All men that belong to the Society at Beckton Station working to night are bound to answer to their names at 6 o'clock a.m. this morning, December 2, 1872. By order of the General Council. Those absenting to this notice must abide by the consequences.") That was not any notice of mine—my attention was called to it by one of the day gang that morning, after the first conversation—the others were not there—it was before they had spoken to me about their delegate meeting—the men would not, according to any business of ours, be bound to answer to their names at 6 o'clock.
Cross-examined by MR. STRAIGHT. This is a monthly agreement. (This was dated 27th October, 1871, and was an agreement between the witness as agent for the Company and the defendant Bunn, to be determined by a month's notice on either side, and contained the conditions of the employment and the amount of wages, viz.: 34s. 6d., for first class stokers; 34s. for second class; and 32s.; for third class; coke spreaders, 27s.; and labourers, 3s. 6d. per day.) When a man enters our employ we hold him responsible to fulfil any of the duties included in that agreement—he may be called upon to work either as a labourer, or a stoker of either class, or to do piece work—these forms have been in use ever since the date of that, about 1871—during 1871, Bunn was employed in the retort house, either as a first, second, or third class stoker—as far as I know he was engaged in one of those three classes—I believe he never was removed from the retort house—the first class men look after the furnaces, the second and third class stokers charge the retort with coal; the coke spreaders tread the coke back—after the coke is drawn from the retort, it is stored by the coke spreader—the labourers would have to make themselves generally useful—stokers as well as labourers would be called upon to do piece work, only by mutual agreement; the mutual agreement only refers to piece work; labourers would be liable to stokers' work if they could do it—that was to a certain extent the practice of the works—Dilley was in the service from the date of his agreement, about eighteen months—I don't know that he came after an eight years' service with the Imperial Gaslight and Coke Company—my conversation with
the men on 2nd December took place between a few minutes before 7 o'clock and 7.30; the whole thing was covered by about three quarters of an hour—there was no violence of demeanour or threatening of any sort on the part of any of the men in my presence—what led me to reinstate Dilley was my anxiety to get the work performed—I understood from the verbal statements of the others that the men would not work unless I did—Dilley before his discharge was what is called a pipe jumper, that is included in the third class pay—pipe jumpers are not set down in this table, they would go under the class of third class stokers—he would be liable to do other work besides pipe jumping—pipe jumping is keeping the ascension pipe from the retort clear—there has been an increase of wages since those agreements—his wages now would have been 37s. 4d.—since the agreement made with Bunn his rate of wages has been altered—the gangs change every week; the men are paid on the increased rate of wages, 37s. 4d. is the rate for seven days work; if they only made six days, of course there would be a corresponding diminution—I have not known a man come to the works in the morning and be told that he was not wanted for that day, only as far as a casual labourer is concerned, not a person who has signed an agreement—Dilley left the employ on Saturday, 30th November—the men leave their working clothes at the works in their lockers; each man has a locker.
Cross-examined by MR. M. WILLIAMS. Ray I believe was a pipe jumper at the time; Jones was either a first or second class man, and Wilson also—it appears from this agreement that Wilson cannot write—when these agreements were signed, they were read over to the men; not by me, but by Mr. Collier, the foreman—when I went to the men on this morning, Webb was the first spokesman—at that time about 500 men were assembled, they were all standing together; I addressed them as a body—no threat or bad language was used by any of the men that I heard.
WILLIAM COLLIER . I am foreman in the carbonising department of the Beckton Gas Works—I was witness to the signatures of the three men to these agreements, Ray, Bunn, and Jones; Wilson's is marked with a cross.
Cross-examined by MR. M. WILLIAMS. They had an opportunity of reading the agreements, and I have read them to a great many—there were none posted up, but they had them if they liked.
SAMUEL LEONARD . I was foreman of stokers on the morning of 2nd December—I got to the works about 5.50—I found a great many of the day gang already there, standing in the retort house and in the lobbies—I waited for some time to see if they would begin work—some observations were made to me, in consequence of which I went and fetched Mr. Trewby—I heard the conversation between him and the men, that which he has described—on 22nd November, I ordered Dilley to do some work—he refused to do it; he said "No, I can't do it, it is again my rules and my Society"—he did not explain why—the work was charging some retorts—there were two other men employed in the same place—I don't know whether they were union men or not.
Cross-examined by MR. STRAIGHT. I have known Dilley since he has been in the service; he has been under my supervision—he always did his duty properly before this; he always obliged me in everything except that morning—there had been a difficulty some time before with some of the men, and he aided me—when I discharged Ray there was a disturbance
amongst the men, and he helped to quiet it—he left on 2nd December, and was paid his wages up to the Friday night—he left on Saturday, 30th November, and his wages were paid up to the Friday night—he did different work, in four different classes—he began as a labourer, and went on as a coke spreader, and then he attained the distinction of a pipe jumper—he has done second class—I am not aware that he was engaged on piece work at all—Bunn was under my control, and had been during the time he was in the employ—he was a second class stoker—he had done third class as well—I won't say whether he began as a labourer—I am not aware that he did piece work—piece work relates to unloading the ships and barges—some arrangement had to be made between the authorities and the men if that was to be done—Dilley told me that he came from Battle Bridge; that is the Imperial Gas Company's—he told me he had worked there as long as he was able to do any work—Bunn was a very good workman.
Cross-examined by MR. WILLIAMS. Ray had done third class and pipe jumping, and Jones third and second and first—he would oblige me in anything I asked him—Wilson was a good servant—he was second class always—he did everything I asked in the same way.
THOMAS TAYLOR . I was in the service of the Gas Company at Beckton—I was a member of the Amalgamated Society of Gasmen—Dilley was a delegate of that Society—a delegate has to attend every meeting that is required, and he represents the place where he is employed at that Society—he represents the firm, the stokers of the gang that he was in—Jones was a delegate up to the Thursday night before we came out on the Monday, about the 28th—in consequence of some discussion amongst the men the defendant Wilson was substituted in his place as a delegate—there was a meeting of the night gang on the Thursday night, the 28th, from 12 o'clock till 12.30—there is what we call the long spell about midnight—it is a long period elapsing when it is not necessary to do any work, but we must all be there—it was during that interval that the meeting took place—on Friday night, the 29th, about midnight, there was another meeting—Wilson came in, and said that he was appointed delegate that night to go up and attend a delegate meeting at the place where the delegate meetings were held—that was somewhere in Finsbury—it was the first night that he had attended a delegate meeting—he said that the Society said that Dilley was to take his discharge on the Saturday morning, according to the delegate meeting, and if he got his money on the Saturday morning, the seven days' pay, he was to take it, and take no further notice of it—the Company keep back one day's pay each week, and if Dilley got the whole of his day's pay that would show that he was discharged—Wilson said that, according to the delegate meeting that evening where he went to, the delegates were all of opinion that if Dilley was paid his back time and got his day's money, he was to take it and go, and no further notice would be taken of it, not till they heard further from the delegate meeting—he said there was something passed that he would not divulge to any one; in fact, he said, he would not divulge it to his own father if he rose out of the grave, so that none of us knew what had occurred there—for all I know, all the defendants were present when Wilson made that statement; we were all supposed to be there—I could not swear to seeing them in the lobby—I did not hear anything more, or know what was going to happen, until the Monday morning, and I struck with the other men; we all went out together—I had no intention of striking till I got there that morning—
Curley's gang, that is the night gang, that was on the Sunday night, met us in the lobby as we were going to work, and told us we were not to strip.
Cross-examined by MR. STRAIGHT. I was not examined before the Magistrate—the Association has been in existence between four and five months, I suppose, I could not tell you to a month—Dilley was present when Wilson made the statement as to what had occurred in Finsbury Square.
Cross-examined by MR. WILLIAMS. It is a fact that Jones ceased to be a delegate on the Thursday prior to the Monday, and that Wilson was not ordinarily a delegate, but was delegate for that particular night—he was elected delegate for that night only.
Re-examined. When we left the works on the Monday morning we went to the Castle public-house, in the Barking Road—we remained about there—most of the men went there, and we were waiting, expecting to be sent back to work, all of us, by Mr. Trewby—I believe these men were there, most of us were—I did not hear anything said about telegrams.
MR. STRAIGHT. Q. Was Bunn a delegate. A. No; Dilley had been a delegate up to the time of his discharge, I can't say whether he was afterwards—a delegate is elected by the workmen at the works, by us all, and he goes to the meeting of delegates and the meetings of the Society.
THOMAS ROFFEY . I was employed at the Gas Works at Beckton up to the 2nd December—I was a member of the Gas Stokers' Amalgamated Society, and have been between three and four months—I was compelled to become a member by the workmen—I went to work at 6 o'clock in the morning on 2nd December—I got to the work a little before 6, and was stopped going to work—I saw all the defendants there—Dilley told me if I did not go with the rest I should be spotted—I left with the others—up to that time I had no intention of leaving the works—I went away with the rest, I did not like like to stop by myself—I afterwards went to the Barking Road—I saw Bunn and Ray there, at the Castle—they said they were waiting for a telegram to come from London somewhere—I went into the lobby that morning—I did not notice any placard like this on the door.
EDWARD PENN . I was in the employment of the Gas Company, at Beckton—I went as usual to my work on the morning of Monday, the 2nd—I had stripped, and Dilley asked me where I was going—I said I was going to work—he told me to put my clothes on, else I should put up with the consequences of it, and I put my clothes on, and I went in the lobby and had my breakfast.
Cross-examined by MR. STRAIGHT. I was called before the Magistrate at Woolwich, but I was not examined in this case.
FREDERICK BYES . I was a stoker in the employment of the Gas Company, at Beckton—I went to the works on Monday morning, the 2nd—I was rather late that morning—I saw Bunn on the works, close against the retort house, outside the retort house—he asked me where I was going to—I told him I was going to work—he said "There is no work to-day"—he said the work was stopped, there was no work that day—I asked him what for—he told me to go to the Castle Tavern, Barking Road, and I should know there—I went there, and saw Jones and Ray there—I asked Jones what was the matter—he told me that this was all through Dilley and the men at Fulham—then he told me that Collier asked him to call the men together to ask them whether they would go to work, and they said "No."—he told me that Mr. Collier asked him again to ask the firemen whether they would go to work, and they said "No,"—that was all that occurred—I went off
home then—until I got to the works that morning I had no idea there was any strike—I was not present when Mr. Trewby spoke to the men.
Cross-examined by MR. STRAIGHT. I was not examined before the Magistrate—I am a member of the union.
WILLIAM LENZ . I am a German—I was working at the Beckton Gas Works, in the day gang—on Monday morning, 2nd December, I got there at 7.45—I began to change my clothes, my work began at 6.30—Tom Dilley spoke to me—he said "Go to the meeting with the other chape"—I said that had nothing with me to do, and Dilley said "b—German b"—he no more said—(the remainder of this witness's evidence was interpreted)—some one told me not to go to work; I can't say who it was—I went for my old clothes to go to work—I went out of the lobby to see what was going on, and went again into the lobby to hare my breakfast; after that Dilley came into the lobby and told me that I should go to the meeting where the other men went to—I said, but not very loud, it was nothing to do with me—Dilley went to the window and called out to the other workmen, and called me a b German—he said something which I did not understand, the men swore at me—as I left the lobby and went down the steps there were twelve or fifteen men sitting on the steps, and one man was standing there with a plaster on his eye—I don't know his name—he said "Knock him down, and give him a kick in the ribs"—I slipped down the steps, and they did kick me—(MR. JUSTICE BRETT was of opinion that if the defendants were not proved to be connected with this act, the evidence was not receivable, and it was not pursued).
JOHN SIEPR (interpreted). On 2nd December I was in the employment of the Gas Company at Beckton—on "that morning I went to the works to commence my work at 6 o'clock; I had not changed my clothes, I was going to—several spoke to me; Dilley did not speak to me, he spoke to all of them that were there—he said "You are all to go out of the lobby to the stage to the meeting"—there were very nearly forty or fifty men there at that time—there were about two Germans that I knew by name, Lenz and Gers—I went out on the stage, I did not understand what happened there—I did not go to work that day; it frightened me that I could not go to work.
Cross-examined by MR. STRAIGHT. I have been in the employ of the Company about fourteen weeks—I was a coke driver, second class—I don't know whether the other Germans came on to work at the works at the same time that I did—there were five or six Germans in the Company's service on this Monday—I don't know how many of them—Lenz came into the service after I was there—he was taken on as fireman—that was all Dilley told me, to go out to the stage to the meeting.
FREDERICK ALEXANDER MCMANM . I am sub-engineer at the Imperial Gaslight and Coke Company, at their station at Fulham—on 28th November a man was discharged from the employment of the Company, and in consequence of that there was a strike of sixty-two of our workmen.
MR. STRAIGHT submitted that the whole law of conspiracies affecting trade, or in restraint of trade, was governed by two statutes, "The Trade Union Act, 1871" (34 and 35 Vic, c. 31), and "The Criminal Law Amendment
(Violence, &c.) Act, 1871" (34 and 35 Vic, c. 32). The combination of workmen was now legalised, and all offences under the last-mentioned Act must be prosecuted under the provisions of the "Summary Jurisdiction Acts." The first section defined the meaning of molestation and obstruction, and the meaning of threats and intimidation, and provided "that no person shall be liable to any punishment for doing or conspiring to do any act on the ground that such act restrains or tends to restrain the free course of trade, unless such act is one of the acts hereinbefore specified in this section, and is done with the object of coercing, as hereinbefore mentioned." There were two classes of Counts in the indictment, some alleging a conspiracy at common law, by means of intimidation and molestation, to induce the master to alter his mode of carrying on business, and others alleging also a conspiracy at common law to injure the Gas Company by the defendants and their fellow-workmen agreeing to break existing contracts at one and the same time. With reference to the first class of Counts, the proviso applied, and proceedings could only be taken before a Magistrate. With reference to the second class of Counts, the servant must be a person, and the contract must be a contract, within the meaning of the previous statutes, which gave a master power to punish a servant for not fulfilling his contract; and the defendants were not such servants, and had not made such a contract. He applied to THE COURT to quash the first class of Counts, and to hold that, on the second class of Counts, there was not sufficient evidence to allow the case to go to the Jury.
MR. WILLIAMS also urged that there was no evidence of conspiracy; that if the defendants were punished at all for what they had done, it could only be as offending singly against the provisions of the "Masters and Servants 'Act," and that the fact of any previous concert' or combination on their part was not made out.
MR. GIFFARD admitted that if the conspiracy had been one the design and object of which was to restrain trade, there might have been a colour for the argument that the proviso quoted applied; but it was a conspiracy the effect of' which would not only be to restrain trade, but also to restrain and coerce the personal will of others. The allegation was that the defendants conspired to extort and force the Manager of the Company to promise to do something which otherwise he would not have agreed to do. The "Criminal Law Amendment Act" did not apply to this case; it was not intended to repeal the common law of the land, and any conspiracy to interfere with the free will of others by an illegal act, such as the breaking of contracts, was a conspiracy at common law; he would not, however, press the special Counts, which had reference to isolated threats and violence towards individual men.
MR. JUSTICE BRETT: "I am of opinion that the first Count is a good Count at common law, and that it cannot be touched by the statute which has been referred to. It is not suggested that the third Count is not good; the only point taken is that there is no positive evidence that these are contracts for the breach of which a criminal information would lie, and, also, that the defendants were not persons employed within the meaning of 30 and 31 Vic., c. 141. I think they were, and that a criminal information would lie for a breach of those contracts. I also think there is evidence of combination, so the defendants' counsel must address the Jury on all the points."
GUILTY on the Second set of Counts.—Strongly recommended to mercy by the Jury on account of their great ignorance, their being misled, and their previous good character. — Twelve Months' Imprisonment each.
Before Mr. Deputy Recorder.
MR. LILLEY conducted the Prosecution.
ANN DUNFORD . I was in the employment of Mrs. Marshall, at Forest Hill—on 24th October, the prisoner came to my mistress's house, and I delivered to him an empty beer cask—he claimed 1s. for the carriage—I paid him.
Prisoner. I recollect taking 6d.; I think you have made a mistake; you mean a dozen case, that is what I took the shilling for. Witness. That I had nothing to do with.
CHAS. HEWSON . I am in the service of Messrs. Searle and Powell, late Fontaine, oilmen, in the Walworth Road—on 2nd November, the prisoner called, and took away two boxes—I asked him what the charge was—he said 3s., and I paid him that amount—he gave me this receipt; I wrote it and he signed it—(Read: "Received of Searle and Powell, two boxes for Messrs. Thirkell, November 2nd, 1872. Paid 3s. J. Woodcock").
Prisoner. I had 3s. and took 6d. out of it to pay my expenses.
JOHN RENETT . On 2nd November, I was in the service of Mr. Purkiss, grocer, Walworth Road, as cashier—on that day I paid the prisoner 3s. for the carriage of goods—I paid the money to Mr. Wm. Hale, and saw him pay it the prisoner, 3s. and 2d. for himself—this receipt was returned to me soon after.
Prisoner. I had two boxes from there, and I booked them in Mr. Thompson's book with Mr. ThirKells, both together, as 5s.
SARAH MABY . I am servant to Mrs. Thurston, of Catford Bridge-on 5th November the prisoner brought a case of wine to the house—I took the case in, the milkman was there at the time—I said "Is there anything to pay? missis is not at home"—he said "Fourteenpence"—I said "There is a cask to go back," and he said he could not take it—I paid him the 1s. 2d. out of my own pocket—the delivery sheet was not shown to me, and I did not sign it—I don't know any one named Ann Anderson—that is not my writing or my name—I was the only servant there.
Prisoner. I asked you to send up word to the office when the case was empty, and if there was any mistake I would make it right. Witness. No, he did not—he did not say he could not take the empty cask unless it was paid for—he said he would call another day; he could not stop then.
ELIZABETH BARTHOLOMEW . I am servant to Mrs. Munday, at Sydenham—on 2nd November, the prisoner delivered a small parcel—I asked him how much there was to pay—he said 1s. 2d.—I went to my mistress, she gave me the 1s. 2d., and I gave it to the prisoner—he did not show me the sheet, and I did not sign it—I did not write the word "Mundy."
Prisoner. It was a 1s. I charged—I had not got the sheet at the time.
JANE CORBETT . I am in the service of Mrs. Harms, of Forest Hill—on 7th November the prisoner took away a box and a package—I asked him what was to pay, and he said 2s. 6d.—I got it from my mistress, and gave it to him—I did not see any paper.
Prisoner. There was no paper required; the box and package were to be delivered to Bell's, the carrier's cart, to go to Hornsey Rise. They asked me what the carriage would be, and I said 2s. 6d.; my charge was 2s.
Prisoner. I did not notice that it was carriage paid, or I should not have charged it; or had I been round the next day I should have returned the money again.
JOSEPH THOMPSON . I am a carrier, carrying on business at Forest Hill and Sydenham—the prisoner was in my employment from August last, at 23s. a week—his duty was to deliver goods, and for that purpose a delivery-sheet was given him on to each journey—those delivery—sheets contained the number of packages, the name of the consignees, the amount to be paid for the carriage, and a column for the name of the person who received the goods—it was his duty, upon the delivery of any goods, to show the delivery-sheet, and get the signature of somebody in the house, the consignee in preference—on the various journeys on 24th October, 2nd November, 5th November, and 7th November, a delivery-sheet was given to him, applicable to the goods he had then to deliver—when he had delivered the goods and received the amounts for carriage, he would account to me about the middle of the same day—on the sheet for the 24th October appears an entry, "One cask, Mr. Marshall, carriage received, 6d."—that is the amount I received from the prisoner, and not 1s.—if we had carried the cask when full we should not charge anything for empties—I had carried the cask full in this case, and I have since refunded the shilling to Mrs. Marshall, although I only received 6d.—there were two transactions on 2nd November, Fontaine and Purkiss—they are entered "Thirkell, of Penge, four boxes, 5s"—he booked those as having received it for the carriage of those boxes—he paid me 5s., and not 6s.—there is no entry on the sheet of 5th November of 1s. 2d. received from Mrs. Thurston for the carriage of wine—the prisoner did not pay me 1s. 2d.—the delivery-sheet says "Carriage paid"—there is an entry of the consignment, but not of the amount—that entry is signed "E. Anderson," in the prisoner's writing, as the person who received the case—on 7th November there is an entry of goods delivered to Mrs. Monday—the entry is "Monday, Forest Hill, one basket, 10d. to pay"—that was the sum I received from the prisoner, and not 1s. 2d.—that entry is signed "Mundy," and I have no doubt it is Woodcock's writing—on 7th November, on the same sheet, is an entry of goods on behalf of Mrs. Harms; it is entered here, "Bull, of Hornsey Rise, carriage paid, 2s."—I received 2s. from the prisoner, and not 2s. 6d.
Prisoner. I had a good connection when I came to Mr. Thompson. His cart was not paying, and he said "If you like to have it you can."
Witness. That is not true; he did not bring an independent connection of his own, he came to me as servant—before he came to me he was a master carrier, with a horse and cart—I don't know how long he had carried on business—he had been in the same neighbourhood as myself—Mr. Marshall came to me first, and then I looked out my way-bills, and went round to several customers, and then I asked the prisoner in the office what amount ho had been paid; I said "Mr. So-and-so says that he paid you so much more than you paid me," and I showed him the amount on the sheet; I said "How comes that about?"—he denied them all—I pointed to several items, and he said he only received the sums written down—I said "I don't believe you,"and I gave him in charge—there was no objection to his taking a gratuity himself if the gentlemen liked to give it him, but not to take 6d. or 1s.—when he ceased business no doubt his customers came to me.
Re-examined. Whatever money he received for carriage it was his duty to pay over to me.
The Prisoner, in hit defense, stated that he had brought a good connection to Mr. Thompson, and that in the case of Marshall he did not notice that "Carriage Paid" was on the case, and had he been round again he would have returned the money; that he had not time to settle the sheet properly, but was given in charge at once.
NOT GUILTY .
MR. LILLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. GLYN conducted the Prosecution.
GUILTY.— Judgment respited.
Before Robert Malcolm Kerr, Esq.
MR. HOLLINGS and MR. ST. AUBYN conducted the Prosecution; and
MR. STRAIGHT the Defense.
CHARLES VAN STANTON . I am a sailmaker of 24, Acorn Place, Rotherhithe—on Monday night, 18th November, I was with another man walking down Trinity Street, towards the Horns; I was sober—as we turned round by the brewery, I was run against purposely, and struck on the side of my head—there were three or four persons, I cannot say exactly—in trying to defend myself I struck one my assailants—I tried to get across the road and was struck at the back of my head and knocked forwards on the ground, and the prisoner Forder held me round the neck—I also received a kick on my back, another on my nose—the heel of a boot skinned my nose—the prisoners are two of the men—my cap lay on one side of me, and Mills took it up and buttoned it in his coat—some of them were kicking me at that time from which I am still suffering—I lost 6s. or 7s. from my right hand trousers pocket when I was on the ground.
Cross-examined. I was perfectly sober—I am certain Mills picked the cap up and buttoned it under his coat—Dixon did not pick it up and put it on my head—Dixon is a waterman—I bad had been in one public-house at 7 o'clock and paid some men—this took place about 12 o'clock, but I went round to my place to work before that—I just tasted a little rum with my men—I should not be surprised to hear that Mr. Dixon says that I was drunk, and smelt of rum, I am not surprised at any thing now-a-days—I dare say I was in a public-house half-an-hour, I had two glasses of rum and water warm, a third was called for but I did not have it, I knew when I had had enough—I ordered it for myself and two friends—I did not order the last glass, I believe it was the sailmaker of a ship which has gone away—I said "No, I will not take any more, as I have particular business to do on board in the morning."
GEORGE CHRISTIAN LURNS . I am a seafaring man and live at 74, Suffolk Street, Poplar—I was with Stanton and saw him knocked down and kicked—Mills looks very much like a man who hit me on the side of the head.
Cross-examined. I said before the Magistrate I should not like to swear to the prisoners being the two persons—they were quite young chaps—there were only three of them—I was arm in arm with Stanton, and had been taking a glass or two with him.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. CHARLES MATTHEWS, conducted the Prosecution; and
MR. MONTAGU WILLIAMS the Defence.
JOHN THORPE . I am a labourer of Selina Terrace, Croydon—on 13th November, I was in St. Thomas Street, London, not quite sober—I saw the prisoner there, and asked him to have something to drink—we went into a public-house and I paid for some drink—he then came out to show me the way to the station to go to Norwood Junction, and he caught hold of me, tripped me up, took my belt off, struck me with it, and took my purse from my pocket containing 6l. 10s., done up in paper, and 9s. in silver—there was no one with him—my thumb and cheek were cut by the belt—I bad my purse safe in the public-house, when I was showing the landlord an American cent, and the prisoner saw it.
Cross-examined. I was drunk—the landlord served me, the first landlord did not refuse to serve me, but the second did, because I was so drunk—my belt bad a brass fastening—I was trying to save my pocket all the time—I started with about 7l. 2s., and I changed a sovereign at the bottom of Holborn Hill—I had 6l. 10s. when I left the public-house, and 8s. 6d. or 9s. in my purse—I had treated the prisoner to some ale—when the landlord would not serve me, the prisoner said "Let him have a pint, I can drink it and he will pay for it"—I am a fireman on board a ship now, but I am a gardener by trade—I came on shore to enjoy myself.
CELIA BRIARESS . I am the wife of Henry Briaress, and am sometimes a laundress—on 13th November, about 12.30, I was in my own room, and thought my husband's van stopped at the door, I pushed open the window, but it was Mr. Brown's van; I then saw a man at the opposite corner knock down another man—he seemed to push him down into the gutter, and when he was down be pulled off his belt, pulled down the front of the young man's trousers, and rifled his pockets, and a knife or something fell to the ground—I called out "You are a great vagabond to hit the poor fellow like that"—the prisoner is the man who knocked the young man down—I knew him by sight before, but did not know his name.
Cross-examined. There is a gate in front of the house, and. it is my business to open it when my husband's van comes in—I do not think this took so long as seven or eight minutes.
Re-examined. I cannot very justly guess the time—the prisoner's face was towards me, and I was perfectly well able to see it.
WILLIAM HOLMES . I live with my parents, at 10, Kirby Street—on 13th November I was returning from school about 10 o'clock in the day, and heard a cry of "Police!"—I saw a man knocked down, and a man running away with a purse in his hand—that was McCarthy—I saw him knock the prosecutor down, and take off his belt and hit him on his thumb—I knew the prisoner before, down White Lion Court, and I knew him by name—I am perfectly certain he is the man—I went to the station and told the police.
Cross-examined. There were two men who knocked the sailor down, I am quite sure of that.
Re-examined. The prisoner is the man who ran away with the purse, and he is the man who knocked the sailor down—the other man ran away before the prisoner.
Cross-examined. It was about 12.30 in the day—he to known as selling oysters about there.
ANN BEDFORD . I live at 7, Amelia Street—on 13th November, about 12.30, I was in my room, and heard my next door neighbour call out "You brute, you villain"—I looked out, and saw the prisoner kneeling over a man—he went about 4 yards into the read, and turned round and picked something up—I went out and followed him into Snow's Fields—there was another young man, but I cannot say who he was; he went before the prisoner, and I did not catch sight of him.
Cross-examined. I saw the second man run, but whether they belonged to each other I do not know—they were both side by side after the man was knocked down, but only one was over the man.
JAMES WHITEHEAD (Policeman M 70). On 13th November, about 12.30, I was in Snow's Fields, and saw the prisoner come out of the passage leading to Amelia Street—I went up the passage, and saw the prosecutor leaning against the wall,. bleeding from his face and right hand—I requested him to come to the station, and he made a communication there.
GUILTY .—He was further charged with a former conviction of a like offence at this Court, in February, 1867, to which he
PLEADED GUILTY.**†— Seven Years' Penal Servitude and Twenty-five Lashes with the Cat.
81. JOSEPH WHITEHOUSE (14), RICHARD LAMBERT (14), and HENRY CLARK (14), PLEADED GUILTY to feloniously breaking and entering the Church of St. Ann, Bermondsey, and stealing there in two bottles of wine and other articles, the property of Joseph Fisher and another, the Churchwardens.
Judgment respited. (There were two other indictments against the prisoners.)
Before Mr. Deputy Recorder.
MR. SMITH conducted the Prosecution.
EDWARD SMART . I keep the New Bridge beer-house, 49, Lambeth Walk—on the morning of 24th November I was awoke by the police about 4.20 or 4.30—I dressed and went down stairs, and found the police in the passage with the prisoner—I went into the shop, where I found a writing desk and a leather writing case, and all the bills and receipts strewed about the bar—the constable showed me some cigars and copper money, which were on a seat in the passage—they were not there the night before—I bad left them in the mahogany glass case at the back of the bar—I had left a few coppers in the case—I went to bed about 12.15—I locked the front part of the house up—there was a side door which did not shut very well, at that time of year it swells and sticks—I could not swear whether that was
locked; it was shut—I did not see to that part of the house myself—I am affected very much with gout, and did not go over the whole house—there were no marks of breaking in—I did not know the prisoner—I did not see him in the house the night before—the cigars resembled those I had, but I can't swear to them nor to the copper money either—the cigars left in the case were gone, and also the money out of the case.
WILLIAM ELLIS . I am potman to Mr. Smart—on Saturday, November 23rd, I shut the house up about 11.45—I shut the side door leading into Mill Street, and fastened it, at 11 o'clock—it fastens with a spring lock—I did not see the prisoner in the house that night.
JOHN HOSKISSON (Police Inspector L). About 4.30 on Sunday morning, 24th November, I was in Lambeth Walk with Summers—I saw a man leave the side door in Hill Street and run across the road—I followed him through several streets, and he was stopped in Lambeth Road by L 224—I did not lose sight of him at all—it was the prisoner—he was very violent, and threw the constable down—we had some difficulty in securing him—I said "What were you doing in that house?"—he said "I was not in the house at all; it was another man who came out of the house, and I ran after him"—I took him back to the house, and called up the prosecutor—I searched the prisoner, and found 3s. 4d. in bronze money in his trousers pocket and twenty fine cigars in his coat pocket—the bar was ransacked from top to bottom—there was a quantity of paper piled into a heap in the middle of the bar—I turned it over, and found a quantity of matches, some of them partially burnt, and also a box containing a few matches of a similar kind—I found the back door, leading into a yard, open; all the other part of the house seemed secure—it was an enclosed yard—that was not the door he came out of—I told the prisoner he would be charged with being in the house, and stealing the cigars and money—he said "The cigars and money I won at skittles at a house in the Blackfriars Road—I found three keys on him, one of which fitted the door from the inside but it would not open it from the outside, as there was a piece of cork in the lock—he was taken to the station-house—he was very violent all the time—at the station, after the charge was read over to him, he said "This is what comes of running after another person; if I had not run after the man that came out of the house I should not have been here."
Prisoner. Q. Did not I say I had just come out of a fit, I had been in a fit? A. No—I went to the station with you—I followed close behind you in a cab—the violence was at the house, and after you left it.
COURT. Q. Was this pile of paper in small pieces or sheets? A. They appeared to be bills and pieces of newspaper—they were not torn or scorched—there were about forty matches, distributed amongst the paper.
FREDERICK SUMMERS (Police Sergeant L 17). I was with the Inspector in Lambeth Walk—I saw the prisoner come from the side door of the New Bridge beer-shop in Lambeth Walk—I saw him open the door, and bolt out—I followed him, shouting "Stop thief!" and springing my rattle—he was caught—I did not lose sight of him at all; I saw the constable stop him—he was violent, and threw the constable down—we took him back to the house—he was very violent there, and he was afterwards taken to the station.
Prisoner. Q. Is the door about the corner of the street? A. Yes, about
6 or 8 feet down Mill Street—I was on the opposite side of the road, about 40 yards off—I could see down Mill Street—I saw you throw the officer down.
Prisoner. Q. Did not I run to you, and say "Did you see a man run past?" A. No, I had to run to you—I did not see any one else but you and the constable—he was 17 or 20 yards behind you, and when I caught you he came round the corner at the same time—you threw me on the ground once or twice; I can't say which, I was excited myself—you were sober enough—the Inspector came down in a cab to the station after you were there, after they had searched the premises—jour mouth was covered with blood, but you served me as bad, and hit me in the mouth.
Prisoner's Defence. I was playing at skittles with some men till 1.30, but they won't come up. I bathed my head in the yard because I knew I was going to have a fit, and I came out in the street, and was leaning with my head against the railings, when the man ran past.
He was also charged with having been before convicted in January, 1866, to which he
PLEADED GUILTY.**— Ten Years' Penal Servitude.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
MARY ANN CLIFFORD . I am niece to Mr. Battle, of the City of Salisbury public-house, Fair Street, Horselydown, and I assist him—on Saturday evening, 16th November, about 6.50 the prisoner came in and asked me for 1 1/2 d. worth of rum, and gave me a counterfeit shilling 1/2 I saw it was bad, I showed it to my uncle and he broke it—the prisoner then gave me a good shilling and I gave him 10 1/2 d. change.
WILLIAM HENRY LEONARD BATTLE . My niece gave me the shilling; I found it was bad; I broke it with my teeth—I said to the prisoner "This is a bad shilling," and showed him the pieces—he said he was very sorry it should fall on a working-man, he had got change for a sovereign on Friday night in Fetter Lane—I gave him one part of the shilling and retained the other; he threw several pieces of silver on the counter, and asked if there was any more bad among that—I just looked at them, and said "I do not think so;" he paid with a good shilling and left—I followed him and saw him enter the Grapes, about 200 or 300 yards off—I went in at a different door; I spoke to the landlord, Mr. Daniels, and showed him the broken shilling—I heard Mr. Daniels say "This is a bad one"—I went round to the compartment where the prisoner was, and said "Another one"—he said "What do you mean?"—I said "You tried one with me, and now you have come to try one on with a friend of mine"—he made no reply; a constable was sent for and I gave him the broken piece.
PHILIP EDWARD DANIELS . I keep the Grapes in Thomas Street, Horselydown—on Saturday evening, 16th November, I saw the prisoner come in—Mr. Battle afterwards came into another compartment, and looked at me, and held up part of a shilling—the prisoner called for 1 1/2 d. worth of rum; my barmaid served him; he put down a shilling quietly, I picked it up, and
bent it easily—I then called Mr. Battle round, and said" This is a bad one"—I sent for a constable, and gave him in charge with the shilling.
LEVI ELLIOTT (Policeman M 51). The prisoner was given into my custody with this shilling and the broken piece—I found on him 17s. in silver and 19 1/2 d. in coppers, and another counterfeit shilling in a small outside pocket of his coat.
The prisoner received a good character.— GUILTY ,— Nine Months' Imprisonment.
MR. COOPER conducted the Prosecution; and MR. STRAIGHT the Defence.
JOHN HENDENHAM . I am a carpenter, and live in Hinton Street, Camberwell—on the night of 8th December, about 12.30, I was walking quick down the London Road to the Elephant and Castle; just as I got near Garden Row there were three or four men standing on the pavement; as I tried to pass on the houses side of them one of them laid hold of my great coat, which was unbuttoned, the under coat was buttoned with one button, at the top; it was pulled open by the force of the pull, and the prisoner snatched at my watch chain—he was in front of me, the others were on my left side—my guard broke, and the prisoner went off with my watch—I pursued him round the corner of Garden Row, where I saw a constable, and told him—we chased him through Garden Row, across St. George's Road, and I saw him brought back by a policeman—I had only lost sight of him just as he rounded the corner of West Square, and that was not for more than half-a-minute at most—I am positive he is the man—I never recovered my watch.
Cross-examined. It was not more than two minutes from the time it happened till the constable had him—I don't know what became of the others, they all ran away—nothing happened to me except losing my watch.
JOHN PAGE (Policeman L 170). On this night, at 12.20, I was on duty at the corner of Garden Row, London Road—I saw the prisoner run round the corner, out of London Road, and a moment afterwards the prosecutor came up, and said" That man has robbed me of my watch"—we ran after him into West Square, and as we turned the corner another constable had him.
Cross-examined. I first saw him running in the London Road—there were a great number of people passing—after the prosecutor spoke to me I ran after the prisoner and shouted "Stop thief!"—I saw persons running behind him, not in front.
FREDERICK STEBBING (Policeman L R 17). I was in West Square—I heard the cry of "Stop thief!" and saw the prisoner coming down West Street, leading into the square—there was no one before him—I caught him by the arm; he got away from me—I chased him into the square, and there caught him—he said he was in pursuit of the thief, the man who stole the watch—I did not at that time know the charge—as I was taking him back I met the others—he was out of breath from running.
GUILTY of robbery without violence. — Nine Months' Imprisonment.
ADJOURNED TO MONDAY, 13TH JANUARY, 1873.