CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 3RD, 1873.
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, February 3rd, 1873, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW , KNT., LORD MAYOR of the City of London; The Hon. Sir ROBERT LUSH , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir GEOROE HONYMAN , Bart., one of the Justices of Her Majesty's Court of Common Pleas; Sir ROBERT WALTER CARDEN , Knt., THOMAS SIDNEY , Esq., JOHN CARTER , Esq., Sir THOMAS GABRIEL , Bart., Sir THOMAS DAKIN , Knt., THOMAS SCAMBLER OWDEN , Esq., and JOHN WHITAKER ELLIS , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WATERLOW, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 3rd, 1873.
Before Mr. Deputy Recorder.
MR. BESLBY conducted the Prosecution; and MESSRS. STRAIGHT and BROMBY the Defence.
HENRY RONALD STEPHENSON . I am a dealer in woollen cloth, in Bond Court, Walbrook—I buy lots of cloth to sell again—this 1170 yards of cloth was bought by me through the prisoner of a Mr. Brayshaw, a manufacturer of Leeds—it is what is called waterproof cloth, which is more in demand at one season of the year—I bought it at the end of the season at 1s. 2d. a yard nett—the prisoner was not paid anything by me on that occasion—what Mr. Brayshaw gave him I don't know—Mr. Brayshaw came himself, and I paid him the money at the time—time (produced) is the invoice settled by him—the cloth was in thirty pieces when I bought it on 15th November—about the 25th November the prisoner called and said if I wanted to sell it he knew a person who wanted it for shipping, who would give a good price for it—I said I would give him 1d. a yard commission, and that would be about 5l. on the lot; that was in the presence of Mr. Walters, my clerk—the prisoner took a pattern of the cloth to show—he called each day afterwards, and on the 27th he came and said that a man named Davis had agreed to give him 2s. 1d. with 25 per cent, off—that would bring it to 1s. 6 3/4 d. nett—he did not give me Davis's address then—I wrote to him on the 28th to tell him to let me have an answer—on the 29th he came and said that Davis had agreed to take it at that price, and he then wrote on this paper (produced) the name "J. Davis"—I then proceeded to make out an invoice—I did not put any name at the head of the invoice—I sent my clerk to Perry's to make inquiries as to the reputation of Davis; they were quite satisfactory—the quantity sold to Davis was 1170 yards, contained in twenty-four pieces out of the thirty—the cloth was at my packers', Turner & Co., in Barge Yard, Bucklersbury—Mr. Boutland carries on the business under that name—the prisoner told me they were to go to Pewtress, another packer's, in Bush Lane, for Davis—he said that Davis would have
them sent there, and would call over and pay for them at Pewtress's, when he had looked over them—I sent the pieces on to Pewtress's, and as I did not know anything about Davis I followed the cart on, and the prisoner came after me—I said to him "I am sending these over to Pewtress's, and I have got the note here; they are to be held to ray order at Pewtress's, not to be given up until they are paid for"—he immediately said "I have been and seen Davis, and he won't take them; he says they are too good for him"—the cloth did not go on to Pewtress's, it went nearly there; but when the prisoner said that, I told them to take the cloth back to Boutland, and it was taken back—I left the invoice I had made out, which had no name on it, on my desk—I only put the date and twenty-four pieces of cloth, 1174 yards—the prisoner came back with me to the office after going with the cart—I left the invoice on the desk when I went out, and when the prisoner went away it was gone—I did not give it to the prisoner—I did not make out an invoice to him in his own name—I never thought of such a thing—he has no place of business—this invoice was produced to me at the Police Court—it is the invoice that was taken away without my authority from my counting-house—it never had my name upon it—I am quite positive about that—on 3rd December the prisoner called again and brought me this card of Mr. Hillyer, and said he had sold the cloth to Hillyer at 1s. 6 3/4 d. nett—I said I would inquire at Perry's about Hillyer, if he was trustworthy, and if I found it all right I would send them down the day after—the prisoner came again on the morning of the 3rd—Graves, Mr. Boutland's manager, was there—I told Graves in the prisoner's presence that I had sold these goods to Hillyer, and he must take them down to Hillyer's, and I gave him a note with the partioulars on it, with the amouut he had to receive, and strict orders, three or four times over, not to leave the goods without the money—I also told him if Hillyer wanted a yard a piece allowed, he was to allow it as the custom of the trade—I put that in writing—(Read: "R. Hillyer, 29 and 31, Hare Street, Bethnal Green, received for me 91l. 8s. 1 1/2 d, at Messrs. Turner & Co.'s, packers, entered twenty-four pieces of cloth, 1170 yards"—the prisoner stood by while the pieces were put into the cart from Boutland's—I was there, and Graves and Mr. Boutland both helped to put the pieces into the cart, and the prisoner went away with Graves to deliver them at Hillyer's, and I never saw him again until he was in custody—I found that a person named Rosenberg had been given into custody by Bennett, Mr. Boutland's man—I don't remember the date, it was on the Saturday that I went to Worship Street, in the same week—I there saw sixteen out of the twenty-four pieces of cloth—I knew nothing of Rosenberg—I never heard anything of him—I believe these two papers (produced) to be in the prisoner's writing, but I can't say because I don't know his writing—I saw Him write a note, just the name, but I can't say that I know his writing; I think this is his writing, but I could not swear it—I never authorised him to make out an invoice for the cloth in his own name, or to give a receipt in his own name—he had nothing to do with either selling the goods or receiving the money—the price I have named would allow 91l.—I was to give him 1d. a yard off that.
Cross-examined. The first time I ever knew the prisoner was when he came wanting to sell me these goods—I had not known him before—I had never dealt with Mr. Brayshaw before—the prisoner did not tell me that he had no capital of his own, but that he knew of some goods that he
could purchase, and he thought might make a considerable profit out of the transaction by finding the cash—he never mentioned anything of the kind—he came several times in November, but it was on the 15th that I agreed to buy these goods—I did buy them, and they were deposited in my warehouse—I have part of Boutland's warehouse in Barge Yard—I first heard that he had got a purchaser for the goods when he came to tell me that Davis had bought them—he did not mention the name at first, he said a party would buy; that was on the 27th November—that was the first time anything was mentioned about his selling the goods—he first mentioned the name on the 29th, when the goods were said to be sold—this (produced) is the letter I wrote to him, dated the 28th—I said at the Police Court that I had never written such a letter; I had forgotten it—(Read: "Merchant Traders' Discount Office, November, 28th.—Mr. Richardson.—Sir,—I will not take less than 2s. 1d. per yard for the goods; and, as they are under offer, I must know at once.")—2s. 1d. is mentioned there, but 25 per cent. off would make it 1s. 6 3/4 d.; that was the price he said, and he was to have 1d. a yard commission on the nett amount—the price was the same, both to Davis and Hillyer—when he came on the 29th he had nobody with him; he never had any one with him—my clerk, Mr. Walters, was with me—he was in several times when the prisoner came—I discount a good many bills for traders in the City—I don't keep a regular warehouse—I buy a lot of cloths at the end of the season, and keep them over till the next season—I have a warehouse and an office—I had not many goods at this particular time, because it was just at the end of the season, when I should buy various lots—persons come to offer goods for sale who you have never known before; that is a common things in the City—I looked to Brayshaw—I knew Brayshaw, of Leeds and Aldermanbury—I sent to Perry's to inquire both about Davis and Hillyer—I found they were respectable persons; I would trust either of them—I should never send goods sold for cash unless I knew they were likely to be paid for; I would never send them, except to a respectable man, because very often tricks may be played—if you deliver goods you don't always get your money—this is the invoice that I began to make out, and which I left on my desk for Davis, and which disappeared—that was on 29th November—that was the day after I wrote the letter stating that I had an offer from another person—that was a man in the Fulham Road, named Jones, and I sold him some of them afterwards—I never heard of Bernard or Searle—no one came with the prisoner to my office on the 29th, or on any occasion, except Mr. Brayshaw, when the goods were bought on the 15th—no person came with the prisoner on the 29th—there was a person who he said had come to look at the goods on 2nd December, a shopman of Hillyer's; he did not bring that person into me—I told him to take him across, and show him the goods at Turner's place; that is all I know about any other person—I never saw any other person with him—that was not on the 29th November, but on the 2nd December—it was at the prisoner's suggestion that the goods were taken to Pewtress's; he ordered them to be taken to Pewtress's for Davis, and Davis was to pay for them there.
JOHN WALTERS . I am clerk to Mr. Stephenson—I was present when the prisoner came, saying that he could get a customer to buy the cloth which had been bought of Brayshaw—I believe it was about the 29th November—he was to have a commission of 1d. per yard—the goods were to be sold at 2s. 1d. per yard, discount 25 per cent., that would be 1s. 6 3/4 d.—it was
on that occasion that Davis's name was mentioned—Mr. Stepheson commenced to write this invoice in my presence—there was some conversation between me and Mr. Stephenson about the Christian name of Davis—I had been to Perry's about it—no name was ever written on that invoice to my knowledge, not whilst it was in my possession—I never gave the prisoner authority to take it off the desk or from the floor of the office—he had no right to have possession of it.
Cross-examined. I had no conversation with the prisoner about Hillyer's matter that I am aware of—he did not tell me that Hillyer had paid him 5l. on account by way of deposit—he gave me a portion of the information that led me to go to Perry's to make inquiries about Davis and Hillyer—he only told us of Davis on the 29th; we did not know anything about Hillyer then—he gave us some information with respect to them which we found to be correct—we found Davis to be a respectable man, quite to be trusted—I believe I was present at the first conversation between Mr. Stephenson and the prisoner about the goods from Brayshaw—I don't recollect the prisoner saying that he had no capital, but that he knew of some things that might be bought, and if my master would find the capital for him, a considerable profit might be made upon them—I believe the words used were, was Mr. Stephenson willing to buy any goods of that kind—I don't recollect any conversation of the sort you mention, or the word profit on the transaction being used—he came some days afterwards, and asked if they were sold, and said he would sell them for Mr. Stephenson, and Mr. Stephenson agreed with him, I believe, to give him 1d. per yard commission—I heard him do that, and the prisoner seemed satisfied; that was all I heard said.
Re-examined. When the goods were bought on 15th November, Mr. Brayshaw was present, and in the prisoner's presence he received the money and gave this receipt; this is the invoice—the prisoner in my presence handed this memorandum to Mr. Stephenson "J. Davis"; the letters "oseph "are mine—that was written in by me after I had been to Perry's and found out the name—the prisoner wrote this memorandum at the back in my presence—the name is spelt "Pettress"—Mr. Stephenson corrected it to Pewtress—these two documents (produced) appear to be in the same handwriting as that I saw of the prisoner's.
MR. STEPHENSON (re-examined). I missed that invoice on the 29th.
CHARLES GRAVES . I am foreman to Mr. Boutland, who trades under the name of Turner & Co., packers, 6, Barge Yard, Bucklersbury—we had these twenty-four pieces of waterproof cloth—on 29th November they were delivered into a van from our place and came back again—on 3rd December they were again put into a cart of Messrs. Mutter & Co.—Real was the driver—they never came back again—I received directions from Mr. Stephenson in the prisoner's presence to take the goods down to Mr. Hillyer's, at Bethnal Green, and to have the money or bring away the goods—I went to Hare Street, Bethnal Green, to a hatter's shop, with the name of Hillyer over the door—the prisoner went with me—I had with me this paper as my authority to receive the 91l.—there were several persons in the shop—the goods were taken in—the prisoner went in first, I think—when I went in there was a female behind the bar who, I hear, was Mrs. Hillyer—she had some money in her apron—I said "That is what I want"—she remarked "You will have none of that" or something to that effect, and she took a cap and placed it away—I got no money; but I left the
goods because I was requested by the prisoner to go to his other shop—he said "Mrs. Hillyer is not at home; we must go down to the other shop to get the money"—in consequence of that I left the goods and went with the prisoner to Mr. Hillyer's other shop at Hoxton—another person went with us, I don't know his name; it was a party who was in Air. Hillyer's shop, I presume the warehouseman—the shop at Hoxton was a similar shop; a hatter's, with Mr. Hillyer's name—we did not find Mr. Hillyer there—the party who went with us said that Mr. Hillyer was supposed to be back in about ten minutes—he said "Well it is cold waiting, will you have a glass of anything to drink?"—I said "Yes, I don't mind if I do," and we went and had something—when we got into the public-house, the prisoner said to the other party, a tall man, "Have you got the invoice?"—he said "No, I have not, I have left it in the goods"—the prisoner said "Oh then I had better go and fetch it," and he immediately went out to fetch it, as I supposed; the tall man stayed with me—I did not go back to the shop at Hoxton—I went back to the shop at Hare Street in about half an hour—the tall man went with me—I did not find the prisoner or the goods there—they were gone—I next saw the goods at the police-station on the Saturday following—I never saw the prisoner again till he was in custody—I saw Rosenberg in the dock at Worship Street, and was examined as a witness.
ROBEBT HILLYER , I am a hatter, of 29, Hare Street, Bethnal Green, and have another shop at Hoxton—this is one of my cards—I had no conconversation with the prisoner about buying waterproof cloth before I saw it at my shop on 3rd December—I never remember giving him a card—I have known him, because when I was a lad my father used to buy of his father, who was in the trimming line—I have known him for some years, but not to have any business transaction with him—I never bought anything of him in my life—I do not know Rosenberg as being related to him—I don't know Rosenberg at all—on 3rd December I found the twentyfour pieces of cloth at my shop when I came home at near 2 o'clock—I did not see anybody with it until the prisoner came—he asked me if I would buy the cloth—I said it was not in my line—he said "Can't you do with it?"—I said "No, I can't"—he said "I thought it might have suited you"—I said "No, it will not suit me," and he took it away, and I saw no more of him—I have heard them speak of this tall man, but I can't think who he can be; he is no one connected with me.
Cross-examined. I had not seen the prisoner before 3rd December to have any conversation with him in respect of these goods—I have a man named Taylor in my employ—I had seen the prisoner before 3rd December, but not about these goods—he told me he was a dealer, and that he often had things to suit me—I did not pay him 5l. on the 3rd by way of deposit, I am quite sure; I never paid him any money in my life—I sent my shopman with him on 3rd December to get 5l.—that was for goods that he had had, not money that I had paid him, and was to receive back because I would not accept these goods; I am quite sure of that—he owed me 5l. for some goods he had had of me—I did not say that I had never had any transaction with him before—I said that I had never bought anything of him—I think it was four dozen hats that he bought of me—that was what the 5l. was paid for; he had an invoice when he bought them—it was some time in November—I asked him for the 5l.—he said he had not got it with him, but if I would send my man with him he would pay me—my
man did not tell me where he had got the 5l.—the prisoner said these goods were his own—he did not say where he had got them—he did not mention anybody else's name—he treated the transaction as one of his own—I never saw any man with him during the transaction—I did not spend any time with him in a public-house that afternoon—I never went out of my doors—I was not at Hawkins' public-house—I was not in company with him on the Thursday night before at Hawkins' public-house—I saw him one night at Hawkins'—that was some weeks before, I think—I had no conversation about purchasing cloth then—I did not see anybody with him then—I was with a neighbour—we went in just to hear a song—I had no conversation with him—I only spoke to him in a friendly way "How do you do, Mr. Richardson?"
JOSEPH REAL . I am a carman—on 3rd December I went to Turner & Co's., the packers—Mr. Graves and the prisoner were there—twenty-four pieces of cloth were put into the cart, and I drove to Hare Street—Graves and the prisoner went with me to Mr. Hillyer's shop where I unloaded the cloth—a tall man helped me to unload it—I then went to Hoxton and waited about, and afterwards went back with Graves to Hare Street and found the goods gone.
ALFRED PARKES . I am a partner in the firm of Pewtress & Co., packers, of 2, Suffolk Lane, Cannon Street—on 3rd December the prisoner brought twenty-four pieces of waterproof cloth there in two pony traps, and directed me to hold them to his order—they were taken away again in an hour or an hour and a half—he was there at the time—they were delivered to a carman named Mackie.
Cross-examined. I first saw the prisoner a day or two before, and he told me he was going to send the cloth to us for Davis to look at—I have a a recollection of Mr. Stephenson calling on us, but I cannot distinctly remember what for—I was present when Davis called and examined the goods; the prisoner was there—there was a discussion about the quality of the goods; I can't say about the price—I did not hear Davis say they were too good a quality for him, I only heard him say that he would not have anything to do with them—the prisoner was treating them as goods of his own that he had to sell—I believe he spoke of them as "my goods."
Re-examined. It was on 3rd December that Davis was there with the prisoner—I knew nothing about the goods till the 3rd December.
GEORGE COOPER (Detective II). In consequence of information, on Friday evening, 6th December, I went to 66, Cable Street, in company with Detective Mitchell, and there I found Rosenberg; it is a kind of a secondhand clothes shop—I have heard that Rosenberg is uncle to the prisoner, but I don't know it—I found sixteen pieces of waterproof cloth in a lumber-room or cellar down stairs—I showed them to Mr. Stephenson—one of these two papers was produced to me when I found the cloth—it purports to be a sale by the prisoner to Rosenberg for 105l.—the other paper I got from Hillyer's shop.
ANN PALMER . I live at 62, Skinner-street—the prisoner lodged with me for nine months previous to 3rd December; he left that day at 7 o'clock—he usually went out between 10 and 11 o'clook in the morning, and he generally returned in good time in the evening—he did not return on 3rd December—I never saw him again till he was in custody.
Richardson"—he said, "No; you make a mistake"—I said, "Oh, no; I don't make any mistake at all; your name is Richardson; I shall take you for stealing some cloth at Whitechapel"—he said, "No, no; you make a mistake"—when I got him outside the house he said, "It is quite right; I have been expecting it for some time, but I am quite prepared to meet it."
Cross-examined. He complained at first when I spoke to him that he could not hear what I said—he held his head on one side, and said, "What do you say?" and pretended not to hear—I said, "I want you for stealing some cloth"—he said, "What do you say?"
ROBERT HILLTER (re-examined). I never authorised the prisoner to write out this invoice—nothing was said about my having the goods on approval—he said, "I will give you a credit note;" and he wrote that, and left it in my shop, and I gave it to the constable when he came.
JOSEPH DAVIS . I went to Pewtress's on 3rd December, and saw some waterproof tweeds—I had not had any dealing with the prisoner for that cloth on 29th November—I had not agreed to buy it at 1s. 6 3/4 d.—I had agreed to buy a cloth which he brought a pattern of, but when I compared it with the cloth at Pewtress's, not being the same, I rejected it—the cloth I purchased from him was two or three days before 3rd December—I compared it at Pewtress's on 3rd December; the pattern was brought to me previously—I made an agreement to buy it if it was equal to sample, but it was not, it was too bad—I did not on the 29th November tell him they were too good for me.
Cross-examined. I had never had any transaction with him before—I had seen him before—he first came to me about this matter some four days before I saw the cloth; about 28th or 29th November—I think I was to pay 1s. 4d.—he said he was selling them as a job on commission—he did not say where they had come from—he did not mention Mr. Brayshaw's name.
The prisoner (at MR. STRAIGHT'S request) addressed the Jury in his own behalf. After stating that the prosecutor was mixed up in some transaction with a man named Carden, who was charged at the Mansion House with fraud, he proceeded to explain thatt as to the cloth in question, the prosecutor had agreed to sell it to him, upon hit paying him a percentage; that he afterwards offered him a commission of 1d. per yard, which he refused, and he saw no more of him for twelve days, when he met him, and at hit request agreed to try and sell the goods; that after Davit refuted to purchase them he met a man named Bernard, who had been in Mr. Hillyer's employment, and through him negotiated the sale to Hillyer, the prosecutor agreeing to take 3 1/2 per cent, off cash on whatever terms he had to give with the goods; that the goods were measured and sold to Hillyer on approbation; that Hillyer paid him 5l. on account, which he returned when he refused to accept the goods; and that, on Hillyer refusing to buy, he wrote to the prosecutor stating that the matter mutt stand over, that he would call at the end of a month and pay him for the goods, in the meantime leaving them with Rosenberg, hit uncle, for whom he often trantacted business; that about four days afterwards he tent hit coat to be repaired, and then, not being able to find the documents, without which he had no safeguard against anything Mr. Stephenson might say, he was reluctantly persuaded by his friends to keep out of the way.
CHARLES GRAVES (re-examined). I did not hear Mrs. Hillyer say that Mr. Hillyer had left word that the goods were to be measured—one piece way opened on the counter and you said there was no occasion to measure
them, that they had already been measured—I think you opened the piece; no, it was a party there; I don't know who he was; it was a tall man—I did not see that same tall man come to look at the goods at Boutland's the same morning; nobody called—I was there that morning, and nobody came to look at the goods.
The following Witnesses were called for the Defence.
MORRIS BRAND . My father is a tailor, at 40, Cable Street—some time ago the prisoner brought a coat to my father to mend—I saw him in the shop at the time—I think it was about five or six weeks ago—I did not find anything in the coat—my father showed me a piece of paper—I believe this to be it (the torn invoice)—the piece was not torn off then—there was some writing on the piece that is now torn off; I remember what it was—I am almost sure this is the paper I saw—I don't know what became of it after my father showed it to me—he kept it—he is not here—he was not bound over the second time—he was here last time—he is in the country, or he would have been here—it was a whole paper when I saw it; the corner has been torn off since—I don't know when it was torn off, my father carried it about in his pocket, and I believe it got wrinkled and torn—the name of "A. Richardson" was written on the corner—I don't know the handwriting—I don't know the prisoner's handwriting—my father showed me the paper, and asked me what it was—he cannot read—I can read pretty middling and write; I can write my name and a letter—I did not compare the letter with the rest of the document.
Cross-examined. I have never been a witness before—this is the first time I have been examined on this matter—I know the prisoner so far that I used to go to school with him at one time—I know his uncle, Mr. Rosenberg, and his aunt—I have seen his uncle here—they did not come to me to ask me to be a witness at Worship Street for the prisoner—I don't know whether we had ever had a coat to mend for the prisoner before—we don't keep, books—my father was at the Police Court—he has been called away into the country on urgent business—I can't swear to the time when I first saw this paper—I can't tell whether it was in November—I can't tell how long it was before Christmas—the coat was in the Court last time—I don't know where it is now, we have had no notice to bring it—I knew that Mr. Rosenberg was in custody—I don't know the time—I saw the paper some time after he was in custody—I can't tell you when it was I saw it—I know it was at the Police Court on Saturday; I did not take down the date—I did not go to the Police Court about Rosenberg—I should think it was two or three weeks before I went to the Police Court that I saw the paper—I looked at what it meant and what it said, and handed it back to my father, and took no more notice of it—nobody told me that it was of importance I should come and say what was on the paper—nobody asked me to go to the Police Court—I did not know that my father was going—the papers were shown to me at the Police Court—I did not know that I went there to see them, or that I was to be a witness to explain what was on the paper—I did not know that there was any importance in the matter—I have not said a word to Mr. or Mrs. Rosenberg about it; I don't know whether my father has.
MATILDA SCHEINBERG . I have seen this piece of paper before, but there was not the name out; it was whole—it was shown to me about a month ago by Mr. Nathan Brand, the father of the last witness—he brought it over to our house, to show my father—he can't read, and father can't read
—I generally read father's bills, and I was called down to read this, and I read it to them—it was not torn like this then—the name of Richardson was written on the place where it is torn—it looked the same handwriting as the other part of the paper; it looked to me all the same.
Cross-examined. I was not examined at the Police Court; I was there last time, but they did not call me—I was not at Worship Street—I know Mrs. Rosenberg; she is a neighbour of ours—I knew that Mr. Rosenberg was in custody—it was after that that I saw that paper—I did not tell Mrs. Rosenberg of it, or anybody—Mr. Rosenberg is here to-day; Mrs. Rosenberg is not—I was called just to read it to Mr. Brand—it was in father's warehouse, on a Sunday evening—I don't exactly know the time—it was not before the prisoner was taken into custody; I think it was after; it was some time the beginning of January—I don't remember whether it was the first Sunday in January; it was something about the first week in January—it was the first Sunday in January, I know—it was after Rosenberg was in custody.
H. R. STEPHENSON (re-examined by MR. BESLEY). I lent a man named Carden a small sum of money nine or ten months since—I was not involved with him in any criminal charge—there is no truth whatever in the prisoner's assertion that he was to be the purchaser of the goods, and that we were to divide the profits—there was never anything said but that he was to sell them on commission, at 1d. a yard—Walters, my clerk, heard almost everything that was said, because he was almost always in the office—there was no talk about 3 1/2 per cent., or that if he had to give terms I was to give terms to him—he was never my debtor in any shape or way—it is not true that, when I talked about 1d. a yard commission, he said he would have nothing more to do with the matter—I never sent the things to Pewtress's for him on his own account—I never made out an invoice with his name to it—I did not receive any letter from him three or four days after the goods had been stolen.
Prisoner Q. You say you are a cloth merchant; how many transactions in cloth have you had in the last six months? A. I could not tell you that, I should have to get my books—I don't do much in cloth; I buy at certain times of the year—I suppose a merchant is a person who buys and sells—I lend money, and I discount bills—I lend money to a good many persons, to ten or twelve different businesses that are carried on—I missed the invoice on 29th November—when I went back to my office I looked for it to tear it up, as the whole transaction was over, and I could not find it, and when I found that the goods were stolen, I immediately thought the invoice had been taken for a purpose—I did not suspect anything when you told me Davis would not have the goods; I simply thought he had refused to take them—if I had suspected anything I should not have let you try to sell them again—I never saw Brayshaw till he brought the goods—he never came to me but once.
Several witnesses deposed to the Prisoner's good character, but some of them admitted that he had been previously charged before a Magistrate.
Prisoner. I admit that I have been before a Magistrate twice. In one matter I recovered 10l. for false imprisonment; and the second, it occurred through a party where I was employed, in Aldermanbury. A sample of goods was sent in; my employer had to go out of town, and the party took proceedings against me; but the matter was explained before the Magistrate, and was over in two or three minutes, and I afterwards had an apology from the man I have never been tried, or committed for trial.
GUILTY .— Eighteen Months' Imprisonment.
MESSRS. METCALFE, Q.C., and SLADE conducted the Prosecution.
ALFRED WILLIAM HUCKETT . I am a publisher at 173, Fleet Street—on 14th January I had occasion to send some things wrapped up in wrappers by the post—one was addressed to J. A. Matthews, King's Hospital, Dublin, and contained a panorama of the Thames—there was also one addressed to Mr. S. Hathaway, Mr. C. Savage's, Watson's Buildings, Soot Hill, Batley, York, that contained a printed journal, called "Poor Ray"—there was one addressed, Mr. C. J. White, The Nursery, High Street, West Bromwich, containing, a boy's pantomime, "The Giant of the Black Mountain," and another to Master J. Guest, Springfield Villa, Sandwell Road, West Bromwich, which contained a boy's play, called "Rolland, the Pirate"—they were all stamped with the usual adhesive stamps—I tied them up with a quantity of parcels, and sent them to the post by my boy—each paper was wrapped round, and securely fastened—these (produced) are the four things which were enclosed, and which I have mentioned.
ALFRED HORTON . On 14th January I received a package of papers from my master, which I took to the Temple Bar Post Office about 6. 55 in the evening; I put them on the floor near the country bag with a large quantity of other papers.
ELIZABETH SHAPLAND . I am the clerk in charge of the Temple Bar Post Office—the prisoner was employed in that office as a lance-corporal of the telegraph boys—there was a bag kept in the office where packets were placed, and when the bag was full they were placed near it—it was the duty of the letter-collector to take them up when he came at 9 o'clock—they should remain there till he came—it was the prisoner's duty to deliver the bag to the collector—on the evening of 14th January I left the office about 8. 10, leaving the prisoner there in charge—he let me out—I returned at 8. 50—the bag would be made up at 9 o'clock—directly I returned I sent the prisoner away and examined the contents of the bag, and, in conesquence of what I saw there, I called him down again—I said "Corporal, I find there are some stamps missing from this packet, just turn out your pockets"—he did so—he had these five addressed wrappers in his pocket; he pulled them out—I asked him how he came by them—he said his father gave them to him to procure books and enclose them—I asked him if his father would endorse that statement, and he said "Yes"—I then took him down to the General Post Office, and explained it to the overseer, whom I saw there, and left the prisoner in his charge—I returned to the branch office—there are lockers in the office—I had one of the lockers opened by a boy whom I called from the room up stairs, and the next morning I saw a key fitted to that locker, which it opened—there was also a key which opened a tin box inside the locker—I saw portions of the wrappers in the grate partly burnt—there was a fire in the room.
MATTHEW MOORE . I am a constable attached to the Post Office—on 14th January I was sent for to the Post Office, about 12.30 at night—I saw the prisoner there and took him in charge—I saw these wrappers there—I asked him where he got them from—he said they were given to him by his father to enclose some works which he was to get and send to customers in the country—he afterwards asked for a pen and ink, and wrote down the this statement—"Sir, I beg to state that all I have said concerning the way
these papers came into my possession is false. The following is the whole truth of the matter: these papers containing sundry books, & c, were lying on the office floor. I took them up to examine the contents, and tore the the wrappers in doing so; I had no intention at the time of keeping them, but, having torn the corners, I was debating how to replace them, when the C. in C. [clerk in charge] rang the door-bell, and I crammed the covers in my pocket to escape oberservation. However she asked me whether I had any objection to turn out my pockets; I complied with her request, and the result was she found them on me. The contents are in my looker, in the office just as I tore the papers off. Father has nothing at all to do with the matter. This is the first time I ever stole any thing, and I am extremely sorry that it should happen now.—I remain, yours obediently, Henry Wells."—I found a pencil and a bunch of keys on him—he said they belonged to his locker at the office—I opened the locker and the tin box which was inside with those keys the next morning.
Prisoner's Statement before the Magistrate. "I beg to state that I took the parcels from out the bundle lying on the floor; in endeavouring to get them out I tore the wrappers. I was attracted by a picture in the inside which I wished to look at. I carried them down into the kitchen to endeavour to refasten them, but before I had time to do so, there was a ring at the bell. I went up stairs, putting the wrappers in my pocket the same time, and found Miss Shapland was at the door. I remained in the office in case she should wish me to get anything, when she said 'You can go up stairs as I have a letter to write. I went up stairs, but was summoned down the next moment by a ring at the door, which I opened, and as I was about going up stairs again, Miss Shapland called me to her and showed me the two packets from which the stamps had been removed, asking me at the same time if I had any objection to turn my pockets out. I complied with her request, and produced the five parcel wrappers. Upon Miss Shapland enquiring where I obtained these, I replied that my father gave them to me with instructions to procure books, and send to their addresses. I have nothing further to say except what I said in my former statement."
Prisoner's Defence. I beg to state when I took them I did not take them with the intention of keeping them. I intended to forward them on. My former character has been very good.
A. W. HUCKETT (re-called). The packets were opened at the end, and you could see they were pictures, or something of that kind.
NOT GUILTY .
159. WILLIAM PATTERSON (25) [Pleaded guilty: see original trial image] , to three indictments for stealing a tap of Alphanus Frederick Minett, six feet of lead pipe of Samuel Stacy, and one chandelier and other articles, being fixed to buildings, and also to having been before convicted in June, 1866.— Two Years' Imprisonment.
NEW COURT.—Monday, February 3rd, 1873.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JAMES BRANNAN . I am agent to the Solicitor to the Treasury in Mint prosecutions—on Tuesday evening, 21st January, I went to Greek Street, Soho, with Inspectors Branmui, Kenwood, Hincs, and Other officers—I went into the George and Dragon public-house, and saw the prisoner there with another prisoner—Kenwood said to me "This man has put something from his hand into this female's cloak-pocket, and she has dropped it"—I said "Pick it up and pass it over," and he handed to me two paper packets, one of which I opened, and found ten counterfeit florins with printed paper between them in the way in which bad money is generally wrapped—I afterwards examined the other paper, which also contained money—this is it—(produced)—I said to Lester "Well, Harry, here we are again"—he made no reply—while I was addressing him, Rogers was fumbling at her right-hand dress pocket—I said to Kenwood "Has this woman been searched?"—Rogers said "I shall not be searched here, I shall be searched by a female"—I said "Turn your pockets inside out then"—she did so, and in pulling out her handkerchief, this small paper packet dropped on the floor; she put her left foot on it; I told her to remove her foot, and in doing so she pulled the packet with it—Kenwood removed her foot by force, and I picked it up—it contained three counterfeit florins with paper between them, and a bad shilling separately wrapped up.
LESTER. Q. Did not you say on the first examination that you found twenty florins on the female, and three florins and two shillings under her feet? A. No.—I found nothing on her—I think I was the third officer to go in—I spoke to Robinson first—you were as close as you could stand to Rogers—I did not see you drop anything into her pocket.
Re-examined. Robinson said "I merely came in to the house to have a glass of ale; I know nothing whatever about these persons."
RICHARD KENWOOD (Detective Officer G). I stood with a sergeant in Greek Street, and at twenty-five minutes past 7 saw the prisoners and Robinson walking together—I went to the George and Dragon, and gave a signal to Sergeant Brannan, who fetched the other officers—I looked through the door, and saw the prisoners standing in the George and Dragon—I was the first to go in, and saw Lester place a paper packet in Rogers' left-hand cloak pocket—I said "There is something put in the woman's pocket"—I caught hold of her, and she dropped a packet on the ground—I took another packet from her pocket—they each contained ten florins lapped in paper—I handed them to Mr. Brannan, who said they were bad—Robinson said that he only came in accidentally to have a glass of ale, and knew nothing of the others—I told him he did, for I saw them all come in together—the woman was very fidgetty, and Brannan asked her if she had been searched, and told her to take her pocket out; she did so, and a parcel dropped on the ground—she put her foot on it, and drew it away—I pulled her foot away, and Brannan picked up the packet, which contained silver coin—she had some shillings on her, one of which turned out to be bad.
Lester. Q. Was I smoking a long pipe? A. I don't believe you had a pipe, certainly not in your right hand, for I saw you put the packet into Rogers' pocket with your right hand.
Rogers. Q. There was 1l. 7s. in my pocket, and only 7s. has been accounted for; did not I ask the publican what sort of a man came in with me? A. No.
twenty florins in these two packets are bad—this paper contains three florins, which are also bad—this shilling is good.
HENRY BROWN (Policeman, called by the prisoner Lester). When I first went in I went direct to you and seized the three of you—I tried to secure the three—you had something in your hand just passing to Rogers—you had a short pipe in your right hand, but it was out—I did not notice a paper of tobacco in your hand—I searched you—there was a half screw on the tub—it was not in your hand with the pipe—you passed something across your chest to Rogers, and you all three struggled—you were all three round a rum puncheon—it is a small bar—I was in front of the puncheon, and you were behind it—I reached over and seized you—this all took place in a second—when I entered the house you handed something to Rogers.
Lester's Defence. The police rushed in like lightning, and it was impossible for me to drop anything out of my hand. I had a pipe in my band, and he said "Put your pipe down. "Is it possible that these men who were searching the woman could see what I did?
Rogers' Defence. Gentlemen, if anybody put anything into your pocket and you knew it was wrong, would not you pretty soon take it out and throw it on the floor? Of course any one would.
They were both charged with previous convictions, Lester in July, 1871, and Rogers in June, 1870, to which they PLEADED GUILTY.
(See next case.)
JAMBS BRANNAN repeated his former evidence and added:.—When the ten florins were found I said, "Well, Mr. Robinson, these are bad, you will have to account for the possession of them"—he said "I have no idea who these parties are, I came in to have a glass of ale"—I saw him searched and a quantity of good silver found on him, from which I picked out this florin (produced), which was discoloured as if it had been in plaister—I said to Inspector Bryant, "This has been in plaister, I believe this to be the pattern piece"—a door-key was also found on Robinson—Rogers Afterwards sent to me and said "I suppose you know who we had these of"—I said, "I believe Colonel Harry made them"—Lester goes by that name—she said "We have had them from Bill Hamilton, he is selling at the Grapes, on the Dials"—I said, "I dare say he will come some day; are you married to Robinson?"—she said, "Oh no, I lived with him some years ago; I have been in trouble once or twice, and we only met him there by accident"—I went to Robinson's cell, and said, "Robinson, I believe this to be the key of your room door, and I believe you live in Rathbone Place, and probably I shall know before I see you again"—he made no reply—on 22nd January I received from Kenwood and Hines a double mould for making florins, three double moulds for making shillings, two counterfeit florins, thirty-six counterfeit shillings Corresponding in date with those in the moulds, two galvanic batteries, two porous pots, four files, with metal in the teeth of some of them, a crucible with metal in it, two iron clams, an iron spoon, a Idle, some melted metal, and a glass with plaister-of-paris adhering to it—those are all things used in coining—I afterwards compared the florins with the moulds, and they tallied—here are twelve gets, which are the refuse metal poured into the mould—Mr. Webster, in my presence, compared the florins found on Rogers with the moulds, and they corresponded.
Robinson. Q. Did you know me twonty-four hours before? A. Yea, six or seven years before by your dealings with counterfeit coin with a man named Reardon, who was sentenced to five years' penal servitude—I have known you going backwards and forwards to places where they sell counterfeit coin from fifty times to 100, and, perhaps, 200—I did not apprehend you through the careful manner in which you have conducted your business; you have employed other persons to carry the coin for you, and have lived on the frauds committed by them—I was present when you were convicted in 1868.
Robinson. That is false.
RICHARD KENWOOD repeated hit former evidence, and added: Robinson said that he met these people by accident, and did not know them before—I saw this key found on Robinson which was handed to me, and I went with Hines next morning to 45, Upper Rathbone Place, and saw Mrs. Gay, the landlady—we went to the top room front, opened it with this key, and found all the articles which have been produced—there was a bed in the room.
Robinson. Q. Do you swear that there was not a sovereign in the purse belonging to this female? A. It was opened in the inspector's presence, and she never mentioned a word about the sovereign till the money was returned to her by order of the Magistrate—I do not know that there was a sovereign there—I know Henry Jones who was tried here last sessions and discharged (See page 117)—I did not see him negotiating with Mr. Brannan.
Rogers. Q. Had you been watching very long? A. Some days, in every portion of that street, and in the neighbourhood of Rathbone Place.
PHILIP HINES (Policeman). I took Robinson and searched him; I found this key and a purse containing 30s.—this memorandum book was taken from his hand in the public-house—I afterwards went with Kenwood to Rathbone Place.
LUCY SARAH GAT . I am the wife of Obadiah Gay, of 45, Upper Rathbone Place—Robinson and Rogers have occupied my top front room for eighteen weeks at 3s. 6d. a week—this is my rent book (produced)—Rogen mostly paid the rent—I do not know what Robinson is—I never saw Lester.
WILLIAM WEBSTER . This is a double mould for making two florins—here is a florin in it of 1872, and a good florin which has been used for making this portion of the mould—here is a mould for a florin with a bad florin in it—here are twenty-three finished florins from this mould—this is a double mould for shillings, and here are ten shillings made from it—this shilling with a piece broken out of it is from the same mould as the others—here are two other moulds for shillings—here are seven bad shillings of 1869, four of 1853, and ten of 1871—the mould made from the patternpiece has not been used—here is everything necessary for coining.
Robinson's Defence. I was induced to have those things in my place by the very man who gave the information. This woman is my wife, but she has another name; it is very hard that she should be found guilty, because she was simply acting under my information.
THE COURT considered that there was not sufficient evidence against Lester.
ROBINSON— GUILTY .— Fourteen Years' Penal Servitude.
ROGERS— GUILTY .— Two Years' Imprisonment. Sentence on LESTER.— Seven Years' Penal Servitude.
MESSRS. CRAUPURD and COLERIDGE conducted the Prosecution.
WILLIAM CHAMBERLAIN (Detective Officer E). I am on duty in Oxford Street on 15th January, about 11. 15 at night—I saw Joyce outside the Oxford and Cambridge public-house, New Oxford Street, and the corner of Bury Place—I saw Bayes come out of the public-house—he joined Joyce, and they went to the corner of Bloomsbury Market—they stood talking for about a minute, and Bayes left Joyce and went into the Bull and Mouth public-house, in Hart Street—I went in at another door—he called for half-a-pint of stout and mild—he put down a florin—the barman (Disher) served him—I made a sign to him, and he put it on one side—Bayes then staggered as if he were drunk—he drank his beer, walked out, and I saw him run across the road, and he joined Joyce at the corner where he had left her—I saw him place his hands as if he passed something towards her hand—they walked through Bloomsbury Market into Oxford Street and Holborn, turned down Southampton Row to the Turk's Head public-house—they stood for about a minute or so outside, and then Bayes went Inside, leaving Joyce outside—I went in by another (door—I heard fives call for a glass of ale—the landlady served him—he laid down a florin she picked it up—I spoke to her but she did not take any notice—she give him the change from the till—she then came to me—I said, "I believe the piece of coin you just received is a bad one"—she went to the till, took a coin out, and said, "Give me my change back; I just gave you 1s. 10d. change, give it me back"—she said to me, "Yes, officer, this is a bad one"—I went and caught hold of him—when she said, "Give me back my change," he put his hand in his pocket and laid it down—he did not say a word—I said, "Fred, I shall take you in custody for passing counterfeit florins"—he said, "Oh! I dare say you know a lot about it"—the landlady passed the florin to me—I searched him, and found a half-crown and a 1d. on him—I produce the florin—two gentlemen detained him, and I went to Joyce, who was about 40 yards away—I said, "I shall take you into custody for being concerned with Fred, just gone in there, whom you left about two minutes ago, for passing a bad florin"—she said, "I have not passed any bad money"—I said, "If you have got any about you give it to me," and she gave me five sixpences, three shillings, which she had in her hand, and 11 1/2 d. in copper, all good—I said, "You have something in your mouth, take it out and give it to me"—she put her hand to her mouth and took out If. 6d. new money, but good—I told her she would have to come to the public-house with me; she did so—I charged her with being concerned with the man—she was searched at the station—1d. was found on her; she had given up all her money except that—I have seen the two prisoners together many times—on going to the station Bayes said, "You are very clever, you have only got one case against me"—I said, "I believe I can make out three."
LEONARD DASHER . I am barman at the Bull and Mouth, Hart Street—about 11.30 on the night of 15th January I was serving in the bar—Bayes came in for half-a-pint of stout and mild, which was 1 1/2 d.—he gave me a florin—I put it on one side by itself—I gave him 1s. 10 1/2 d. change; 1s., 6d., and 4 1/2 d.—soon after he left I found it was bad—when I saw Chamberlain at the door I had some suspicion, and tested the florin an marked it—I gave it to Chamberlain afterwards.
Bayes. I gave him 1 1/2 d. I am quite innocent of this one.
Joyce. I never went into any house with him.
ELIZABETH BROWN . My husband keeps the Turk's Head public-house—about 11. 45, Bayes came in, and I served him with a glass of stout and bitter, which was 2d.—he gave me a florin, and I gave him 1s. 6d. and a 4d. piece—I put the florin in the till—there was no other florin there—Chamberlain came in, and I looked at the florin, and found it was bad—I tried it; I said "It is a bad one"—I went to Bayes, and said to him "You have given me a bad florin; give me back the change that I gave you"—he said "What for?—I said "You have passed a bad florin"—he gave me back the change from his right-hand pocket—I broke a small piece out of the florin, which I kept, and gave the detective the large piece—I kept the small piece until I got to the station, and I then gave the remaining piece to the policeman.
Bayes' Defence. I only paid with one florin; I did not know that was bad. I paid 1 1/2 d. for the glass of stout and mild.
Joyce's Defence. I ktow nothing about the other prisoner. I did not kuow he was passing bad money.
BAYES— GUILTY .— Two Years' Imprisonment.
JOYCE— NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
FRANCIS DAVIS . I am a dyer, at 126, Long Acre—I also keep the postoffice—on 25th October the prisoner came in for 2s. 4d. in stamps, and gave me a florin and some halfpence—I saw the florin was bad, and told her so—she went out, and turned down the first street—I found a constable, and she was followed, and given in custody—I gave the florin to the constable.
GEORGE SUIPTON (Policeman E 481). I took the prisoner on 25th October—she said that her husband had given her the florin to buy some stamps, to send to her brother at Bristol—she was taken to the station, inquiries were made, that was found correct, and she was discharged.
CHARLES HURLEY . I live at the Horse and Groom, Whitstore Park—on 13th January the prisoner came with another woman, who called for a pint of stout, and paid with a florin—I gave her the change—they drank together, and left together—I put the florin in the till; there was no other florin there—in about five minutes, when I lit the gas, I found it was bad—no one had been in in the meantime, and there was no one but me behind the bar—I put it in a cash-box with three bad ones, which I had taken previously—I did not mark it then—I afterwards gave the whole of those bad florins to a constable—on the 16th I saw the prisoner close to my house, with the same companion—the prisoner went in, and when I went in I saw the barmaid ringing a florin on the counter—I spoke to the barmaid, fetched a constable, and gave the prisoner in charge—I told the constable that she was in my house on the Monday, and passed a bad florin—she said nothing to that—I saw the constable take a florin from her hand.
Cross-examined. That was the florin which she had given the barmaid.
MARIAN SPRING . I am barmaid at the Horse and Groom—on 16th January I served the prisoner with a glass of stout, which came to 1 1/2 d.—she gave me a florin, and while I was bouncing it on the counter, Mr. Hurley
came in—I said "This is a bad 2s. piece"—she said that her husband gave it to her, and took it up, and paid me with good money—I gave her the change, and she was given in custody—I asked her to give the constable the florin, and she did so—it was the same florin she had taken up.
NATHAN MANSFIELD (Policeman E 436). I took the prisoner, and told her the charge—she said nothing—I took her to the station, and then she said that her companion gave it her—her hand was closed—I took hold of it, and said "Where is the florin?"—she opened her hand, and I took it—1s. 10d. was found on her, which was the change of the good florin—I also received these three other bad florins (produced)
GUILTY on the Third Count.—Recommended to mercy by the Jury.—Judgment respited.
MESSRS. CRAUFURD and GLYN conducted the Prosecution; and MR. HOLLINGS the Defence.
JOHN STONE . I am landlord of the White Horse, Twickenham—on 27th January I served Webb with a glass of cooper—he gave me a florin—I told him it was bad—he took it back, and gave me a good one—I gave him the change and he left—I did not see Harris.
AMY TURNER . My husband keeps the Royal Oak, Twickenham, about five minutes' walk from Mr. Stone's—on 22nd January I served Webb with a glass of cooper, which came to 1 1/2 d.—he gave me a half-crown; I gave him the change, and he left—I then tried it, and found it was bad—my husband went after him—I bit it, and gave it to my husband.
WILLIAM TURNER . I keep the Royal Oak—on 22nd January my wife spoke to me and I went after the prisoner—I found him with Harris, making notes in a pocket-book—I kept them in sight, and saw him go as far as Captain Burdett's house—I then took him to the station, as I could not find a policeman, and ordered a man to keep his eyes on Harris—my house is half-a-mile from Heath Road—I gave the half-crown to Sergeant Payne, who marked it in my presence—this is it (produced)
FRANCIS HODGE . I saw the prisoners walking along the road, Turner over with them, and took Webb, and asked me to take Harris—I took her to the station—she spoke to Mrs. Meslie on the road, who showed her to a closet up a yard—I did not listen to their conversation—I stood at the bottom.
AUGUSTA MESLIE . I am the wife of Andrew Meslie, of Heath Road, Twickenham—on 22nd January I was standing at my door, and Harris asked if she might be allowed to go to my closet—I said there were two up the yard, and she might go to which she liked—I pointed to the left, and saw her go into the first closet on the left side—I watched till she came out—Sergeant Brooks came on the Friday.
JAMES PAYNE (Police Sergeant S). I was at the station on the Wednesday evening when the prisoners were brought in—Sergeant Brooks took the charge—I received information, and went next day to a closet on the left side of a yard at the side of Mrs. Meslie's house—I searched the pans and all below, but could find nothing—I got up on the seat, and saw something dark, which I got down with a hook—it was a bag containing eighteen
florins and one shilling in five separate parcels, with paper between each—two or three hours after Harris was brought in she complained of being cold—I brought her out to the fire, and while she was sitting there she said, "I shall turn female policeman I think, for I consider the man who makes them ought to suffer"—she also said "I don't believe he has any," but she did not say what.
Cross-examined. I mentioned that before the Magistrate—I said a great deal there which does not appear on the depositions, and I called the clerk's attention to it afterwards—some observations I overheard led me to examine the closet.
Re-examined. Mrs. Meslie was not with me when I examined it—there are no other closets; they accomodate eight or ten houses.
FRANCIS PAYNE . I am female searcher at Twickenhan Station—I searched Harris at 5 o'clock on the day the was brought in—she said she supposed I wanted to know how much money she had got—I said, "Yes"—she put her hand into her cloak and took out some—I said, "That is not all," and she brought out some more—I then put my hand in and brought out some more—there was 13s. 1d. in all, and among it was twenty-nine pence, eight half-pence, and thirty postage-stamps—she said, "You can take some of the coppers for your trouble"—I said, "No, it is more than I dare do"—she said, "No one will know it"—no bad money was found on her.
CHARLES BROOKS (Police Sergeant 39 T). I took the prisoners to the station—I took Webb to a cell, and afterwards took Harris to an adjoining cell—I heard Webb say, "Ettie"—Harris said, "Yes"—he said, "Don't you know nothing and they can't find nothing"—I received this half-crown (produced) from Mr. Turner.
MR. HOLLINGS to MRS. MESLIE. Q. Do both closets belong to your house. A. I believe so; I make use of both—all the persons go to both closets.
HARRIS.— NOT GUILTY .
166. CHARLES LANGLEY (21), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of William Kerridge, and stealing therein 4s. 6d. his property.— Eighteen Months' Imprisonment. (There was another indictment against the prisoner.)
OLD COURT.—Tuesday, February 4th, 1873.
Before Mr. Deputy-Recorder.
167. JOHN DAVIDSON, JOHN DENNISON , and HENRY ROMILLY were indicted for unlawfully selling and publishing an obscene and indecent libel. Three other Counts—For selling indecent pictures, for having in their possession 8, 700 obscene libels with intent to publish the same, and for a conspiracy to publish.
MESSRS. BESLEY and STRAIGHT conducted the Prosecution; MR. SERJEANT BALLANTINE, with MR. SERJEANT SLEIGH, defended Davidson and Dennison, and MR. MONTAGU WILLIAMS defended Romilly.
JOHN GREEN . I live at 17, Newcastle Street, Strand, and am a commission agent—in consequence of certain instructions that I received I went, on 1st November, to No. 3, Tichborne Street, which is Dr. Kahn's Museum—I purchased this copy of a book (produced) from the prisoner Davidson—he was sitting in the pay box as I went in—he had two piles of
books before him, one small and the other large—I asked nun it I could see Dr. Kahn—he said, "Go up stairs to the left, and you will find him"—I saw a young man there and asked for Dr. Kahn, and he showed me into a room; it was almost dark; a door opened on the opposite side, and Dennison came in and screwed up the gas—I said, "Dr. Kahn?" and he bowed—I said, "I have purchased a copy of your book, but before consulting you I should like to know whether you use mercury in your prescriptions"—he said, "Not usually, hut I do not altogether disapprove of mercury"—I asked him his fee—he said it was a guinea—I then bade him good afternoon, and came away—I did not pay him the guinea; I said I should first like to know his treatment, and I said further that I had not read over the book and I wished to do so—on Saturday, 7th December, I was present at the premises when a seizure of the books was made by Sergeant Butcher—on that occasion I saw Romilly there, in the room where the books were got—he took the keys from his pocket and opened the places—there was a large cupboard and an oak book-case looking thing—there was nothing in the book-case, only in the cupboard—I did not go through the museum on that day; some time before I went out of curiosity, not with reference to this case—I did not have a hand-book of the museum given to me; an advertisement was given to me.
Cross-examined by SERJEANT BALLANTINE.—I am a commission agent, a patent agent—I have several patents to dispose of—I don't know why I should name the persons; I can give you one or two, I hold one very important patent just now—it was not in my capacity of a patent agent that I visited Dr. Kahn's Museum—I was asked by Mr. Collett to go; he is the secretary for the Society for the Suppression of Vice—I went by his instructions; he asked me to purchase a book and hand it to him—I can't say what his purpose might be; I certainly had a belief—my belief was that the book was an obscene book, and ought to be put down—I believe I was to get it and hand it to Mr. Collett for the purpose of prosecuting the parties—I have not been paid anything for it yet—certainly I shall be paid, for loss of time; I have lost a good deal, probably seven days altogether—I went there as an informer, if you say so—I know other persons in this matter besides Mr. Collett—I know Mr. Shirley Deacon; he is a surgeon—I believe he is at Portsmouth at present—I met him first at the Lock Hospital—I went to see him with reference to a prosecution that he started at Marlborough Street against a quack doctor some time ago, because I was acquainted with these prosecutions against quack doctors, and he consulted me about it, about how the thing was done before—I can't tell you whether he is the person who initiated this matter; I don't know—I am not aware that it is his prosecution, and has nothing to do with the Society for the Suppression of Vice; I don't know that it is so, and I don't believe it—I believe it may be connected with it—I don't know that the Society has nothing to do with it, and that Mr. Deacon is supplying the funds; I rather believe the contrary—my payment does not depend upon the result of this prosecution; not the least—I have not made any terms about payment—I have frequently been engaged on other occasions of the same kind; about twenty times I should think—I have generally been allowed so much for loss of time.
JOSEPH SMALE . I am a printer, in Hale Street, Southwark—I have printed books like this, entitled "The Philosophy of Marriage"—on 6th March, 1868, I printed about 20,000; on 20th August, 1868, I printed
30,000 of the hand-book, and 3,000 of "The Philosophy of Marriage" in December, 1866; on 6th December, 1872, I printed 30,000, not of "The Philosophy," a different book—on 2nd September I printed 10,000 of "The Philosophy; "I printed none in 1871—I printed 100,000 of the hand-book in 1871—in 1870 I printed 10, 250 of "The Philosophy" and 40,000 handbooks—this is one of them—my name is on it—Mr. Davidson has paid me for printing "The Philosophy of Marriage," and also for the hand-book—I don't know Dennison—I know Romilly, I have seen him at the museum; I first saw him there three or four years ago—he has been there ever since.
CHARLES BUTCHER (Detective Sergeant C). On 7th December, about 2.30 in the day, I went to this museum, in Tichborne Street—I had a warrantr—I saw Dennison in the pay-box—I seized 8, 700 copies of "The Philosophy of Marriage," they were all in a cupboard—I did not take any of the handbooks—Romilly opened the cupboard in which the pamphlets were—I took one of these blue books and left a great many behind—before I went to the cupboard I had a conversation with Romilly—I asked him if Dr. Kahn was within—he said no, but he was the secretary, and whatever we wanted it would be the same, and asked us into a private room—I then read the warrant to him; it charged the books with being obscene works—he said he did not know anything about that, he was not aware of it, it was a medical work—the books were all locked in the cupboard; Romilly took the key from his pocket.
Cross-examined by MR. WILLIAMS. I don't think he said that he had never even read the book—I won't swear it; I don't believe he did—I don't remember it.
Cross-examined by Mr. SERJEANT BALLANTINE. I have known this museum about fifteen years—I was never in it but once; that was about fifteen years since—the entrance is 1s.—the blue book is a catalogue—"The Philosophy of Marriage "is 1s.
JOHN WELLS . I was engaged in attendance at Kahni's Museum from 1856 to 1864—I was in charge of the museum for that time—I last saw Dr. Kahn in 1863—I went to America at one time—on my return I went to Kahn's Museum, in December, 1871—I saw Sidney Davidson (the prisoner); I brought a letter from New York from his brother, Edward Davidson, to reinstate me—I gave him the letter, be read it, and said that he could not reinstate me, that he was perfectly satisfied with Romilly—Romilly was in the room—I don't know Dennison at all—I have been there once since; I then saw one of the attendants—Davidson was not in—I did not see either of the defendants.
DR. JAMES R. LANK . I am a Fellow of the Royal College of Surgeons, surgeon at St. Mary's Hospital, lecturer on surgery, and senior surgeon at the London Lock Hospital—I have had put into my hands a copy of "The Philosophy of Marriage"—I have read it. Q. Is it in any sense a medical treatise for the education or information of medical students? (Mr. SERJEANT BALLANTINE objected to the question, and requested that, if admitted, the point might be reserved.
MR. BESLEY withdrew the question.)
The Medical Register was put in for the purpose of showing that the defendants' names did not appear there.
Extracts from "The Philosophy of Marriage" were read by MR. BESLEY in opening the case.
MR. WILLIAMS submitted (that there was no case against Romilly, he being a mere servant in the establishment.
THE COURT considered it must go to the Jury.
GUILTY .— To enter into their own recognisance to appear and receive Judgment when called upon.
168. GEORGE MANNING (27), CHARLES BUCKMASTER (32), GEORGE PROSS (28), and JOHN WATSON (19) , Stealing 260 oysters, the goods of Charles Bell, the master of Manning and Buckmaster. Second Count—Receiving the same.
BUCKMASTER and PROSS PLEADED GUILTY
MR. STRAIGHT conducted the Prosecution; and MR. GRIFFITHS defended Manning.
WILLIAM GREEN (City Detective Sergeant). In consequence of instructions I received from Mr. Bell, I have been watching his oyster rooms (Pim's) in the Poultry—my attention was particularly called to the premises on the morning of the 15th January—Manning and Buckmaster were in Mr. Bell's employment—I saw Buckmaster come a little after 8 o'clock to the premises, with Pross and Watson, with a barrow—Manning came from the shop, and they commenced unloading the barrow—Buckmaster carried in the first sack of oysters—I saw the barrow unloaded till all but one sack of oysters were gone—I then saw Buckmaster and Manning come from the shop towards the barrow, Buckmaster carrying what appeared to be a bundle of empty sacks in his arms—Manning was close to him, on his left side—the bundle of sacks was placed on the barrow by Buckmaster—Manning took the sack of oysters which had been left on the barrow on his back, and went into the shop with it—an empty barrel and a basket were placed on the barrow afterwards—Buckmaster and Watson went away with the barrow, being followed at some distance by Pross—in Lombard Street Pross joined them, and they went on to Philpot Lane—Watson assisted in pushing the barrow and in coming likewise—half-way down Philpot Lane the barrow was stopped, and Buckmaster and Watson put on the head of Pross a basket containing a sack—Buckmaster and Watson went on with the barrow and I followed Pross—the sack appeared to have something in it, and it was taken from the place where Buckmaster had placed the sacks—I stopped Pross at the top of Talbot Court and told him that I was an officer, and asked him what he had on his head—he said, "Some oysters"—I said, "Where are you going to take them?"—he said, "To a Mr. Hughes, down here by the Monument"—I said, "Where did you get them from?"—he said, "Little Jack, from Marlow's, gave them to me in Thames Street"—I told him I had reason to believe that the oysters were stolen from Pim's, in the Poultry, and I should have to take him into custody—I then took him, with the sack, to the police-station—the sack was opened, and it was found to contain 260 oysters, which were clean—I went again to the premises in the Poultry and watched.
DANIEL HALSE (City Detective 607). I was with Green on two occasions when the barrow came to the premises—I took Watson into custody after he had left the premises, on 15th January—I told him he would be charged with two other men in receiving oysters supposed to be stolen—he said, "I hope you are not going to make me answerable for another man's actions, I don't know anything about it, I only gave him a push up."
Pim's—Mr. Bell is one of the partners—Manning was a porter there, and has been in the employ about six years, and Buckmaster three years, to bring fish from the market with his barrow—Manning's duty was to attend with me at Billingsgate Market in the morning, and buy fish and oysters as required, and it was Buckmaster's duty to convey them to the premises in the. Poultry, and Manning would be there to receive them—when I bought the goods, I used to meet him, and ask him what he had received, and if he had not received the quantity, I used to tell him the quantity he should receive and would tell him if he had received the right quantity—oysters would not be washed until I gave him orders for them to be washed—it was Manning's duty to wash them as they were wanted—the oysters were kept in a cellar by themselves and the fish in another place—Manning has the entire charge of the cellar where the oysters were deposited—he is responsible to me for them, and all oysters whether dirty or washed would be kept in the cellar, except those immediately in use up stairs—on the morning of 15th January he was with me in Billingsgate Market—Buckmaster was also there with his barrow—they were both present when the barrow was loaded—amongst other things, that morning I purchased two sacks of oysters which were put on the barrow with some fish—I left them to take the fish and oysters, and it was Manning's duty to assist in bringing them from the market and then receive them, and the oysters would be deposited in the oyster-cellar, and put under lock and key—the oysters I bought that morning were dirty, as they came from the dredgers—I know nothing of either the prosecutor or Watson—I have seen them about the market, in fact I had employed prosecutor about Christmas-time, when I was pressed, but I did not know his name—as regards Watson, I did not know him—I did not employ him on the morning of the 15th—after I had purchased the first I went to the premises in the Poultry—Manning was then in custody—Buckmaster would have access to the cellar when he was assisting Manning to carry the oysters in—the value of the 260 would be worth a little over 50s.
Cross-examined by MR. GRIFFITHS. We have two cellars, one is used for fish and the other principally for empty baskets—the baskets would go back in the morning—it was Manning's duty to see them sent off—the empty sacks are also returned in the morning—the oysters would remain in the cellar till I gave order for them to be washed—there would be both washed and unwashed oysters in the same cellar—if the sacks on the barrow had been empty, they would have been rightfully in possession of them—they would be taken to Billingsgate to the owner.
Re-examined. I have seen the sack found on the prosecutor; it is a sack I purchased from a man named Gann.
Watson's Defence. I was employed by Buckmaster, to help him from the market up to the shop; what he was going to take to the shop I did not know. He had a load, and me, and Buckmaster, and Manning, went up to the shop with that load, and when it was unloaded we went back towards the market. We went along, and then Buckmaster gave the sack to Pross. I did not know what he had in it; if I had asked I should have been told to mind my own business. I was taken into custody, and I know nothing at all about it.
MANNING and WATSON— NOT GUILTY .
He also PLEADED GUILTY* to having been before convicted in October, 1866.— Seven Years'Penal Servitude.
PROSS—GUILTY.— Twelve Months' Imprisonment.
MR. STRAIGHT, for the Prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Tuesday, February 4th, 1873.
172. WILLIAM SCOTT (53), PLEADED GUILTY to unlawfully obtaining 1l. 1s. of Frederick William Bryant, by false pretences, having been convicted of a conspiracy to defraud in 1870.— Two years' Imprisonment. And
173. WILLIAM TURNER (18), and HENRY SAUNDERS (19) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of William George Steer, and stealing therein two shawls, his property.— Twelve Months' Imprisonment each.
MR. COOPER conducted the Prosecution.
WILLIAM DENSTON . I am a publican, of 5, King Street, Tower Hill—the prisoner and other sailors were stopping at my house, and about 1 o'clock a.m. the prisoner called out for a candle, as he wanted to get up early—I put a candle 3 or 4 inches long on the table—before I went to bed, I had 1l. 12s. 6d. in a little bag, in a drawer in a corner of the bar, which was closed and fastened—next morning, at 9 o'clock, I found the bar wrenched open; the bag was in the drawer, but the money was gone—there was some grease over the till of the same kind as the candle I supplied him with—the candlestick was in the prisoner's bedroom, 'clean, but no candle in it—that was the second candle I supplied him with—he was in bed when I gave him that—one sailor was gone to his ship, and the other remained in the house, and let them out.
Prisoner. Q. What candles had you supplied to the other sailors? A. One—I brought down yours when I went to bed, and then candle and candlestick were there in the morning—I told the Magistrate that I took the candle from them; I brought it down with me—they had no means of getting a light in the night without coming into my room and knocking me up—I lent you 2s. the day previous to go to Woolwich, and engage a ship, and, when you came back, you told me you had only 1d. left—I saw nothing in the bar to denote your having been there—there were matches behind the looking-glass in your bedroom—I did not hear you get out of bed or move about; I was tired, and slept sound—I saw your clothes-bag turned out at the station; there was nothing in it belonging to you.
JAMES HILLER . I lodged at Mr. Denston's—I slept in the opposite room to the prisoner—he slept alone—on this Friday morning, about 6.45, I let him out, and after that I found a candlestick without a candle in his room—my shipmate, John Billett, slept in the same room as me, and he went out with him.
Prisoner. Q. Did not I go into your bedroom in the morning, and wake
your mate up, and tell him it was time to got up and go to his ship? A. Yes—I went into your room to get a light—the matches were at the back of the looking-glass—you said that it was very strange for the landlord to go to bed and leave no candle in the other bedroom, but I knew you had one; I heard you sing out for one.
COURT. Q. Did you take a candle down stairs? A. No.
JOHN BILLETT . I lived at Mr. Denston's, and slept in the same room with Hiller—I left the house with the prisoner on Friday morning—we went across the street into a public-house, and had a pot of beer, for which the prisoner paid 8d.—we left there in five minutes, and went up to the station—it was a quarter of an hour or twenty minutes before the train started, and we had another pot, opposite Fenchurch Street Station, which the prisoner paid for—he paid for our train, 6d. each, and then we went to the Woolwich Tap, North Woolwich, and had some whisky and beer, which the prisoner paid for.
ROBERT BASKETT . I manage the North Woolwich—on Friday morning, about 9 o'clock, the prisoner and Billett came there, and had a pot of ale, for which the prisoner paid me with a shilling; they then had another pot, and he gave me another shilling; then they had two glasses of ale, for which he paid 6d., and then they had two glasses of whisky; I do not know what he paid for that, but he gave me half-a-crown for half a gallon of beer, which he took on board with him—he left his bag till the Monday, and I had information from the landlord who asked me to detain it till the prisoner came, when he was taken.
STEPHEN ROLAND (Police Sergeant 73 K). I was called to this public-house, and found the prisoner there—I said I should take him in custody on suspicion of robbing a public-house yesterday morning—he said "All right, I will go with you," and that he thought that it was something relating to the bag—going along he said "Has there been a robbery there?"—I said "Yes."
Prisoner's Defence. On 13th December I arrived home from a foreign voyage, and received 8l. 13s. 6d. I had been acquainted with this landlord before, he had cashed my advanced notes, and I took this young man to his house, and patronised him as well as I could. On this morning I got up at 7, and found my candlestick, but no candle. I went into the next room and woke up this young man, and there was no candle in his room either. He went down to the landlord's room and got a candle. He said he could not go till the landlord came down, as he had no money to pay. I said "The landlord will not be down till 9, but I will pay the train for you" I did not know—that the house had been broken into, or any money stolen. The money I spent was my own, which I had ploughed the seas for. I had plenty of money, and there was no necessity for me to steal.
NOT GUILTY .
MR. HARRIS conducted the Prosecution.
JOHN CHARLES WALKER . I am a wholesale jeweller of 80, Aldersgate Street, in partnership with Mr. Johnson—on the 16th January, about 12.30, the prisoner came in and produced this order—(Read) "27, Ludgate Hill, 6th January, 1873:—Gentlemen, Please send by bearer two or three gold Alberts to show a customer. A. E. D., for Wales and McCullock"—not
knowing the prisoner, I said that I would send the chains off—he said "Unless they are sent immediately they are of no use, as the customer is waiting in the shop"—I gave five chains to Mr. Cooper, with orders to go to the shop, but I did notice then that the prisoner had left.
SAMUEL THOMAS COOPER . I am assistant to Messrs. Johnson and Walker,—on 16th January, about twenty minutes to 1, I saw the prisoner in the shop, and in his presence Mr. Walker directed me to take five chains to Wales and McCullock—the prisoner went out without my knowledge—I took the chains about five minutes afterwards, and had to bring them back—the prisoner was brought to the shop by Mr. Donald about 3.30, and given in custody.
ALEXANDER MCEWAN DONALD . I am manager to Wales and McCullock, jewellers—the prisoner was their porter for three months—this order is not written by my authority—these are my initials, but they are not my writing—I have the prisoner's writing here, and I believe it corresponds—I sent him out on the 16th, about 12 o'clock, or a little before, and he returned about 1.30 or 2—Mr. Cooper had been before he returned—Mr. Wales asked the prisoner if he knew anything about the order, and he denied having been to Walker and Johnson's.
Prisoner's Defence. I still maintain that I am innocent. I was not at Johnson's and Walker's at all, and I did not write that request.
GUILTY .— Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
NATHANIEL HUDGEL . I keep the Swan, Golder's Green, Hendon—on 11th January I had four ducks on my pond, within a few yards of my house, worth 4s. 6d. each—I fed them at 8 that morning, and did not see them all day, or the next day, or Sunday; but at 3 o'clock, Sunday afternoon, I heard them making a noise, went out, and found three of them in the road; one was struggling for life, and bleeding from the neck, and the fourth was gone—I saw the prisoners there—the younger one was picking up a stick within a few yards of where the duck was lying—he ran away directly—the elder prisoner was on the footpath, twelve yards off; he walked in the same direction as the other—I picked up the duck and found it was hurt—the missing duck was shown to me next day; it was mine—I noticed the younger prisoner's left arm was hugging to his side, as if he had something under his coat which he was afraid of letting fall.
Cross-examined. The missing duck was found in a ditch, and was produced before the Magistrate on the first occasions—it was not in a handkerchief then, and not a word was said about its being in a handkerchief with the boy's initials on it, but on the second occasion, a week after the handkerchief was produced—I did not try whether the duck would go into the handkerchief—I never had it in my hand—I know it by a peculiar mark on it, and have no doubt it was mine—I did not attempt to go after the elder prisoner—I went to the police at once.
GEORGE AMBROSE . I am a labourer—on this Sunday afternoon, about 3 o'clock, I was at the Swan at Hendon, and saw the prisoners—the the younger one chucked a brown stick at a duck and missed it; he chucked it again and knocked the duck down—Mr. Hudgel came out, and
the younger one ran away after picking up the stick, and the elder one walked along the path.
Cross-examined. When the stick was thrown there were only three ducks, and after that only two—I did not see anything under the younger prisoner's arm when he ran away.
Re-examined. He had his stick, but I think he had nothing else.
HENRY FLEMIN . I am a baker—I saw the younger prisoner pick up a stick—I was in front of him, and did not see what he did with it—I afterwards followed him to Mr. Trevelyan's farm—he carried his arm in this way, as if he had something under it—I saw him put a dog over Mr. Trevelyan's palings—that is half a mile from the Swan—I saw Mr. Trevelyan there.
Cross-examined. I heard the duck halloa, turned round and saw him picking up the stick—he could carry a duck under his arm without my seeing it—he wore a dark coat, not the same he has now on—if another witness swears it is the same coat, he makes a mistake—the ducks were different colours—one was a drake—I only saw three, and one of them was killed—I saw no vestige of feathers or blood about the younger prisoner, because he ran past me like a shot—he wore a dark coat, the same cut as mine.
Prisoner James Draper, This is the coat I had on. Witness. I will swear it is not.
HARRY SHARMAN . I am a farmer, of (adder's Green—on Monday, 13th January, I found a duck tied up in a handkerchief, in a ditch in one of my fields—it was afterwards produced before the Magistrate—there was a remand for a week, and after that I found the name "J. Draper "on the handkerchief—I gave it to the officer, and it was produced on the second occasion—the field is 500 or 600 yards from the road—there is no public way through it—I pointed out to young Mr. Trevelyan where I found the duck, and he pointed out to me where the assault took place—it was in the same field—the two places were 150 yards apart.
Cross-examined. I am aware that, after this, there was an altercation between the prisoners and the two young Trevelyans, and that there is a charge of assault hanging over them—I don't believe I said anything about finding the duck tied up in a handkerchief on the first occasion, but I did on the second, which was two or three days after I think—I said a girl in my employ had washed it—she is not here—she is still in my employ—I was not asked by any one before as to who washed it—she took it and washed it.
COURT. Q. How do you know it was the same handkerchief? A. I did not see the name on it before it was washed, but I did after—I have no doubt it was the same.
MR. WILLIAMS. Q. Was the younger prisoner in your service some time ago? A. Yes—he left without giving me notice, and behaved very unhandsome about it—he went into Mr. Tooley's service, whom I threatened with proceedings—I turned the duck out of the handkerchief, and threw it aside as a dirty rag, it being wet and dirty, and the servant took it.
Re-examined. It was a white handkerchief—I untied one end only—the officer Jarman came to me to make inquiries about it between the two
examinations, and I went indoors and asked my servant, and she gave it me—it was then wet, it had not been finished washing—I gave it wet to the detective, and then I saw a name on it.
JOHN JARMAN (Detective Officer). After the first remand I made inquiries at Mr. Shaman's, who produced this handkerchief, wet—I dried it, and produced it before the Magistrate—I know the prisoners' father; he is a hawker of fowls.
Cross-examined. I have known the father four months.
WILLOUGHBY FENWICK TREVELYAN . I live with my father at the Oaks, at Hendon—on Sunday, 12th January, I was in the garden, and saw one of the prisoners, I cannot say which, leaning over the fence—there was a dog inside—my father came up—I did not see anything done to my younger brother, but we followed the prisoners for about a mile; they turned off, and went across three fields—when they got to Mr. Sharman's field, I turned through a gap, and my brother joined me—the elder prisoner said "What are you coming after us for?" and knocked my brother down, and sat on the back of his head—I went to assist him, and the younger prisoner, I believe, knocked me down, for I found him on the top of me—he caught me round the neck, and nearly throttled me—they then went away—I said to my brother "I know one of them;" that was the younger one—one of them went on one side and the other on the other side of the hedge where the duck was found.
Cross-examined. My brother was on the same side of the hedge as the younger prisoner, and he would be the person to see if he dropped anything—I think I should have seen the duck if he had it under his coat when I lad the scuffle with him—I don't remember whether that is the coat he had on, as we had not much time to look at them because they were soon on us—there was half a mile of road before we got to the fields—I lost sight of; hem as they got to the fields—I could not see their dress, as I was 100 yards behind.
Re-examined. Immediately they faced round, the big one knocked my brother down, and I hit at him, and then I don't know what happened.
WALTER BLACKET TREVELYAN . I was in the garden on this Sunday afternoon, and saw a dog inside, and, at the gate, the younger prisoner truck me on the chest, and used bad language—I slammed the gate in his face, and he threw stones at me—my brother and I followed them some distanee into the fields, and, in Mr. Sharman's field, they turned round and faced us—the elder one struck me down, and I was very much cut about the head.
Cross-examined. I noticed nothing bulky about the younger prisoner when he struck me at my father's gate—we followed them about three quarters of a mile, but I did not look at him to see whether he took a duck out of his pocket.
COURT. Q. Do you think he could have wrapped the duck in a handkerchief without your seeing it? A. He might—I was sometimes on one side of the hedge and sometimes on the other.
THOMAS SERJEANT (Detective Officer). On 13th January I took the younger prisoner in Lambs Conduit Street, at a poulterer's, where he was employed—I told him I should take him for stealing a duck and assaulting two young gentlemen named Trevelyan—he said, "I know nothing of the duck; I was at Hendon with my brother and the two young Trevelyans followed us across the fields; one of them struck me and I returned the
blow"—the elder prisoner surrendered himself on the Tuesday morning, and they were both charged before the Magistrate.
The prisoners received good characters.
NOT GUILTY .
MR. POLAND conducted the Prosecution; and MR. WILLIAMS the Defence.
WALTER BLACKBTT TREVELYAN . My mother was in the garden, and asked the younger prisoner whose dog it was—he said, "Not yours," and said that we had better come and put it out ourselves—he whistled, and I went outside the gate to see who he was whistling to—he called me a b----r, and put one foot inside the gate, and he struck, me on my chest—he took his foot out, and I closed the gate in his face—he went round where he had been before, and threw stones at me—he got over the fence—my father and younger brother came up and he went back again—my brother and I went out and followed the prisoners to Sharman's field; my brother had this cane—I was felled to the ground, but did not see who by, as I was not looking at the time—it struck me on the back of my head—I was stunned for a few seconds, and then found the elder prisoner on top of me beating me about the face and head with his fists—I told him he was a coward—I heard my brother call "Peace," and the younger prisoner came and pulled the elder prisoner off me—I got up, and found my head bleeding and my nose also, and I was injured about the eyes—these are my clothes and shirt, they are stained with my blood, and this is my hat; the brim was broken by the blow and the crown was knocked in—these are my waistcoat and collar (both stained with blood)—the prisoners went away—we heard a man calling to us behind, but found it was a friend, and turned round and went after the prisoners again—I went to the Spaniards and washed, and Dr. Rose attended me—I was kept in the house for a week—I had told the younger prisoner at the gate that I would give him into custody.
Cross-examined. My brother said to me "I know one of them;" that was, I should think, in the prisoners' hearing—my brother said, "That is all right"—I did not see that the prisoners' clothes were covered with mud from top to bottom; I went off as fast as I could—my brother went into the house to fetch the stick before we started—I did not see a stick in the hands of either of the prisoners—I was struck on the back of my head and turned right round, and fell on my back—there was a gate by—I will swear I did not strike my head against the gate, or I should have felt it—I was about 6 yards from the gate when I got up—I did not see my brother use his stick when he called out "Peace"—I do not know that he used his stick; I did not see him interfere in any way—the friend who called to us was a man my brother knew, I think his name is Goldsmith—he used to be a coachman—he came as a friend to us to assist us after the assault—he is not here—my mother sent him after us to bring us back—he lives at Golder's Green—my mother and father did not approve of our going.
Re-examined. Goldsmith may have seen part of the assault; I cannot tell—I saw him when he called me—I was bleeding then.
WILLOUGHBY FENWICK TREVELYAN . I am sixteen years old—I saw one of the prisoners in the garden—we agreed to go after them, and I went into the house and changed my hat, and got a stick—my brother had no stick—we followed the prisoners to Mr. Sharman's field, where there are
two gate-posts, and it is very thick in mud—I said I knew one of them, and the big one said, "What are you coming after us for?" and he took about two strides forward, and struck my brother on the head with a stick, and he fell—I hit the elder prisoner with my stick, and then I don't know what happened, for in a moment I found myself on the ground, and the younger prisoner on top of me; he caught me round the neck, and squeezed me very tight, and left two marks, which were there when I was before the Magistrate—when he was on me he beat me, and I had a black eye, and he struck me on the head—I struggled with him, and got on top of him, and then I asked him if he would shut up—he let me get up, and then he knocked me down again and sat on me, and knocked me about—I cried, "Peace, peace," and he let me get up—I then saw the elder prisoner sitting on my brother's chest, hitting him hard—I asked him if he would get off, but he did not seem to hear me; the younger prisoner then pulled his brother off, and said, "Now then, Jim, you must come on now"—I never saw a stick in James Draper's hands after the first blow, but I distinctly saw it then—it was like a briar with the root on, but I could not see it distinctly—the younger one picked up my stick and gave it to me, and I saw my brother bleeding from the head and nose—I heard somebody calling behind—I did not know the man before, but he is the husband of a woman who washed for my mother—another man came up afterwards—I bled from my nose and neck—my brother went to a public-house and was washed; we then went to the police-station.
Cross-examined. Goldsmith was sent instead of the gardener, who was not in—they live in the same house—my brother fell a yard from the gateposts—I cannot tell if he fell more than once—when I said, "Will you shut up?" I had had a good deal more than enough—it was not until I struck his brother with a stick that he touched me at all—I fetched my stick because I generally carry it, and I had a little foreboding that something might happen.
Re-examined. The assault was all over when Goldsmith came up; he took no part in it whatever—one of my eyes was quite black, and I had a bruise over the other, and on my eyebrow and neck.
HENRY COOPER ROSE , M.R.C.S. I practise at Hampstead—on 13th January I examined Walter Trevelyan, my assistant having seen him the day before—I found a contused wound on the right side of his forehead and over his right ear; he seemed to be suffering from the shock, and was feeble either from the shock or from loss of blood—the wound went down to the membrane covering the brain—a fist could not have caused the wounds, but it might have caused the bruises which were on his face—the injuries might have been inflicted with any blunt instrument—he was not able to leave the house for some days—there may have been two or three grazing wounds of the skin, but only one positive wound—he is all right now.
Cross-examined. A fall against a gate-post might have caused it.
NOT GUILTY .
MR. POLAND conducted the Prosecution; and MR. M. WILLIAMS the Defence.
NOT GUILTY .
OLD COURT.—Wednesday, February 5, 1873.
Before Mr. Justice Lush.
MR. ST. AUBYN conducted the Prosecution.
GUILTY .— Ten Years' Penal Servitude.
MR. ST. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
GUILTY of the attempt.— Eighteen Months' Imprisonment.
MESSRS. POLAND and BEASLEY conducted the Prosecution.
GEORGE THOMAS . I am assistant to Dr. Blackman, a surgeon, of 18 High Street, Whitechapel—on Wednesday evening, 8th January, abou' 6 o'clock, I was in the back surgery having my tea; the boy, William Fayers was in the front surgery—the prisoner came in, walked round my back, and sat himself down by the side of the fire—he was an entire stranger to me—I spoke to him—I said, "Good day," he made no reply; then, thinking, perhaps, that he was a patient I had forgotten, I said, "How do you do?"—he immediately got up, and said, "That's it," and walked away, passing round the back of my chair into the front surgery—I then went on with my tea, but on looking round a moment or two after I saw him standing at my desk in the front surgery overlooking my books—I called to him, and said it was not customary to allow strangers to look over our accounts—he immediately moved away to the front of the counter, at the back of which the boy was placing a number of bottles in a cupboard—I heard a crash of bottles, and looking into the front surgery I saw that the prisoner had driven four or five dozen bottles off the counter—as I got up, the boy ran to me and said, "He has stabbed me, sir"—I told him to go and fetch a policeman—in passing from the back surgery into the front the prisoner overtook me, and he immediately began stabbing me, although I did not feel the knife in the first instance—he stabbed me in two places on the right breast and then on the left—the third time he stabbed me I saw the blade of the knife; I could not see the handle, as he had that in his hand—it was a pen knife—the blade was about two or three inches long—I received five stabs, one in the arm and one through the hand, which I think I received as I struck my hand up to knock the knife out of his hand—I had a desperate struggle with him in the passage—he ultimately broke away from me, and ran into the back surgery, apparently to get the fireirons—instead of taking up the poker he took up the top bar of the grate where the fire was burning, and pulled it off—the moment I found him in the back surgery I closed the door on him, and kept him there at bay as far as I possibly could—it is a glass door, with short blinds—he immediately knocked the blinds all to pieces and broke four or five squares of glass, and attempted to stab me through the broken window, but I kept out of his reach—he tried to open the door, but, I suppose from his hands being burnt, he could not turn the handle; I had not locked it—this state of things continued until the police arrived—I lost a great deal of blood, so much so that I became unconscious, and do not remember anything more that took
place—the wounds were all punctured wounds—they were serious, and very alarming, although not in their effects; I think the smallness of the knife was my safety, and the thickness of my clothes—it went through several folds of my clothes; through my coat, waistcoat, flannel shirt, and shirt into my chest—I have not yet quite recovered from the effects of the wounds, but I think they are progressing well.
COURT. Q. Did he say anything whilst this was going on? A. No, I did not notice his look or expression, I had no time; it was done so momentarily—I think I came to myself before he was taken away—they had him on the sofa—they had a great deal of difficulty in getting him away—I could not form any opinion of his state of mind; I should think he must have been insane—this (produced) is the knife.
EMMA GLASS . I am the wife of Donald Glass—I lodge at Dr. Blackman's—on the evening of 8th January I heard a noise, and went down stairs—I saw the prisoner and Mr. Thomas struggling together in the passage—the prisoner was raving, and swearing, and halloaing—he said, "Hell is opening, hell is opening; will none of you speak, will none of you speak!"—I saw him lay hold of the grate—the polios came and took him away—he was in a very excited, violent state—I saw him stab himself—he laid the knife on the table, undid his shirt, and stabbed himself in the pit of the chest.
CHARLES HOSKINS (Policeman H 107). On 8th January I was sent for to Dr. Blackman's, and with the assistance of another constable I threw the prisoner on the sofa, and took this knife from him—I sent for handcuffs and handcuffed him—at the station he said "What do you keep the handcuffs on for now?"—I said "For fear you may hurt yourself again"—he said "I have not hurt any one else, have It if I have I am very sorry for it"—the police-surgeon was sent for, and in consequence of what he said, I took the prisoner to the workhouse to be taken care of—on the way to the workhouse he said "It is coming on again," and threw his arms out—we then put the handcuffs on him again—they had been taken off—he was not violent after that—he made no resistance to the handcuffs being put on again, I rather understood that he wished them put on.
WILLIAM BOWTON STIRLING . I am a surgeon, of 86, High-street, Whitechapel, close to Dr. Blackman's—on the evening of 8th January I was called in to Dr. Blackman's surgery—I found Mr. Thomas there and the boy Fayers—Mr. Thomas was suffering from wounds in the chest and arm—they might be produced by a knife like this—the boy had a very slight wound; it had just cut the skin—I saw the prisoner there—I was there when he was taken by the police—it was very difficult to take him—four or five policemen were there—I examined him a few minutes after they had got him to the station, not with a view to ascertain the state of his mind, but for his wounds—he was stabbed in the belly, and his hands were in a frightful state—the little finger was nearly off, the flesh was severed completely round and burnt—I had very little chance of judging of his mental condition—he scarcely spoke—I did not see him afterwards, only for a few moments, while I attended to his wounds.
GEORGE BAXTER PHILLIPS . I am divisonal surgeon to the H Divison of Police—I was called to the Leman Street station to see the prisoner some time in the evening—he was in a very excited state, but had got considerable control over his excitement at that time—his hand was very severely burnt, and he had two skin wounds in the walls of the abdomen—in my opinion
he was not of sound mind at that time—he had considerable reasoning faculty, and talked very quietly and calmly to me, but he was evidently labouring under mental disease, which would render him liable to paroxysms of mania—he was in my opinion then suffering from mania—I ordered his removal to the lunatic ward of the Whitechapel Workhouse—assuming the facts to be true, he was, undoubtedly, then of unsound mind—I believe he had no control over his actions.
WILLIAM SMILES . I am surgeon of the House of Detention—the prisoner was under my care there for nearly a fortnight—I saw him from day to day—I think he was labouring under mania—he was getting more sensible the last day or two before he was removed to Newgate, but I did not consider he was quite right then—he was improving.
JOHN ROWLAND GIBSON . I am surgeon to Her Majesty's Gaol of Newgate—I have seen the prisoner since he has been in the gaol—when he first came in I thought he was not quite right in his mind—he has recovered, and is now quite right, but I do not think it would be safe for him to be released at present—he might be liable to a recurrence under excitement—the same cause that produced this attack might produce it again—whilst he is kept away from those influences he may remain calm and collected.
Prisoner. Q. From what you have seen of me, do you not think it would be better both for my mental affliction and otherwise that I should be removed to a hospital rather than be kept in a prison? A. I think it matters little where you shall be removed; I think it is of great importance that you should be in a quiet position and free from excitement.
Prisoner. I feel it a great affliction. I feel calm enough now. I don't think I shall commit any violence. I have recovered my senses for some time past.
NOT GUILTY on the ground of insanity at the time of the commission of the offence— Ordered to be detained during her Majesty's pleasure.
NEW COURT.—Wednesday, February 5, 1873.
Before Mr. Justice Honeyman.
182. WILLIAM HINCHCLIFF (12) , Unlawfully and maliciously administering poison to John Bowden, with intent to injure him. Second Count—With intent to aggrieve him. Third Count—With intent to annoy him.
MR. GRIFFITHS conducted the Prosecution.
JOHN BOWDEN . I am assistant master of the East London Industrial Schools, and live on the premises, 96, Mansel Street, Goodman's Fields—I teach the pupils brushmaking and paper-bagmaking—I had been unwell three months; I kept my physic in a cupboard in the store-room, which was accessible to the boys, as they kept their slippers there—on Tuesday, 7th January, I took a dose of physic, and found it more bitter than before—on the following Friday I again took a dose, and it caused a dryness in my mouth, and a burning sensation; I looked in the bottle, and saw a white sediment—I at once handed the bottle to Mr. Pitt, the superintendent of the school—I made inquiries in the school, and next day asked the prisoner what he had been doing to my physic—he said he had put part of a white precipitate powder in it, and threw the other away—I asked him about it again on Monday, and he said, "I put the whole of it in"—I spoke
to Loughton, a non-resident boy, on the Monday, and he made a statement to me—I have had occasion to correct the prisoner for schoolboy tricks, but only once—I took him by the ear, pulled him off a stool, and put him to his work—that was in June; he was then eleven years old—by a sediment in the bottle, I mean a scum floating at the top.
THOMAS PITT . I am superintendent of this school—on Friday night, 10th January, Mr. Bowden gave me a bottle of physic, and in consequence of what he said I took it Dr. Sequira in the same state I received it.
JAMES SCOTT SEQUIRA . On Friday night, 10th January, Mr. Pitt brought me a bottle half-full of liquid—I found a precipitate in it, and a deposit, which I examined and found to be white precipitate, ammonia chloride of mercury, that is poison—if the whole had been taken at one dose it would kill a person, but it causes vomiting, and therefore it is its own antidote—it causes a burning sensation in the mouth.
COURT. Q. What medicine was it? A. It appeared to be a tonic, probably quinine, by the taste—white precipitate is never taken internally, and therefore it must have been introduced after the medicine was made—the directions outside were, "Two or three tablespoonsful to be taken once daily"—there would be twenty tablespoonsful in the bottle; there was half a pint in it, and two tablespoonsful go to the ounce—it was a wine bottle nearly half full; about ten ounces, that is sufficient for ten dosesone dose taken at a time would produce nausea and burning at the throat, but it would not be poisonous; it would not endanger his life, it would temporarily inconvenience him by pain in the bowels—after taking several doses it might have caused salivation.
JAMES GIBBONS . I am one of the boys in this school—I sleep on the premises—I know the cupboard where the master kept his physic—on Tuesday, 7th January, I saw the prisoner put some lotion in the master's medicine; it was lotion what you bathe your eyes with—on the next Thursday I saw him put some cypric powder in—he said, "I have got some cypric powder to poison John with"—I am sure he said that; I told the Magistrate so—I went before the Magistrate twice, and I think I said so the first time—I mean that I told the Magistrate he said he did it to poison John.
WILLIAM MARSDEN . I am one of the boys who slept at the school—on 7th January I saw the prisoner put some mixture into Mr. Bowden's medicine, and the next day, Wednesday, I saw him put some cypitate powder into the master's medicine—I know it was cypitate powder, because he said, "I have got some cypitate powder to poison Johnnie"—he said that he sent Loughton out for it—Loughton does not sleep on the premises, but he works there.
Prisoner. Loughton gave me the powder, and said, "Don't you put it in," and then Marsden said, "Don't you; give it to me back, and I will put it in. Witness: After school he came down and told the boys he had put it in, and he said to Loughton, "It will be all right; I won't tell of you."
COURT. Q. Did you think he was going to poison the master? A. No, he said he was going to do something to him because he flogged him—I did not tell the master, because I did not like to—I was examined before the Magistrate, and mentioned his saying I have got something for Johnnie.
THOMAS PAYNE (Policeman 1 H R). I took the prisoner—I also took Loughton and cautioned him—he made a statement in the prisoner's hearing in the dock at the Thames Police Court; they were standing side by side—he said "Hinchcliff gave me a penny to buy a powder, and told
me he was going to poison some rats with it"—I don't think he said what powder—he said "I went to Mr. Sequira's and bought the powder of the assistant; I gave the powder to Hinchcliff, and asked him what he was going to do with it; he said ‘We are going to put it into John's medicine;'" and that he said "If I had known you were going to do that I would not have bought it, you had better let me have it back"—he said he was going to do so because he had flogged him—that Loughton said "You had better, let me have it back and I will give you the penny," and that the prisoner said "No," and that Loughton said "If anything happens about it I shall tell"—Loughton said that the prisoner said "You know he has flogged us," and that he said "If there is anything about it I will not be blamed for it; I will tell the master"—after the charge was read over to the prisoner he said "I did do it, but it was John Grant told me to do it," that is the boy who was discharged.
GUILTY on the Second and Third Counts. — Three Years in Feltham Reformatory. (The bill against Loughton was ignored by the Grand Jury.)
THIRD COURT.—Wednesday, February 5th, 1873.
Before Mr. Deputy Recorder.
183. ROBERT CALDWELL MACKEY BOWLES (43) , Unlawfully pledging and converting to his own use and benefit certain valuable securities, the property of Antonio Thomas D'Agiout, Maria Gates, and Robert May Gardiner, which had been entrusted to him for safe custody.
MR. PRICE, Q.C., and MR. F. H. LEWIS conducted the Prosecution; and MR. METCALFE, Q.C., and MR. STRAIGHT the Defence.
ANTONIO THOMAS D'AGIOUT . I am a banker, at Naples, one of the firm of Thomas D'Agiout, Père et Fils—in March, 1871,. I knew there was a firm of Bowles Brothers & Co., carrying on business as bankers at 449, Strand, and we were desirous of entering into business negotiations with them for the convenience of drafts—we communicated with them, and received finally this document (produced)—in consequence of that We transmitted to them 300 obligations of the Lombardo-Venetian Railway Company—we afterwards withdrew 100, so that, in fact, only 200 were left—these are the bonds (produced)—my father brought the bonds over, and made the arrangements with Bowles Brothers & Co.—we never authorised them to deposit or pledge those bonds with the Union Bank—in November, last year, I heard that the firm of Bowles Brothers had stopped payment, and I came to London from Paris for the purpose of making inquiries about the bonds—on 18th November I saw the defendant at the banking-house, in the Strand, and I asked him for the debentures—the first time I saw him he said he must ask his manager where the bonds were, but I had seen Mr. Keith, the manager, before, and he had said they were pledged at the Union Bank—it was after that I saw the defendant, and he said he must ask Mr. Keith where the bonds were—I saw him afterwards on the same day, and he then said he had asked Mr. Keith, and the bonds were pledged at the Union Bank—he said he did not know anything about the business of his house, and only had to do with the luggage and reading-rooms; the luggage of the Americans—I said I was not satisfied with his answer, and that I would come the next day to have an answer, and if he did not give me a good answer, I would go to the justice—I called the next day, and saw the defendant again—he said the same thing, that he had nothing to do with the business of his firm, and that he did not know where the bonds
were; that his brother Charles and Mr. Appleton had left him in a bad position; that Mr. Appleton's property would be sold, and then I should be paid—he swore to me that he never had anything to do with the business of his house—I answered him, "Mr. Bowles, I do not believe you, because you are a man of forty-three years, and are the chief head of the house, and it is not possible that you do not know the business of your own house"—he became a little angry, and said "Well, it is a felony that has been committed, but you may be sure you will be paid"—I asked him how and when, and he said "I don't know anything about that"—I said "I don't believe you; I will go before a Magistrate"—I obtained a warrant through my solicitor to arrest him.
Cross-examined. My father made the arrangement in England, and brought the bonds over with him—he made the arrangement with Mr. Charles Bowles and Mr. Stetson—my father has not come over now, because it was not necessary—I had seen some of the parties in Paris and in Italy before I came over, after the stoppage—I had an account with Mr. Charles Bowles at Nice, and Geneva, and Paris—that was with Charles Bowles alone, in my own name, not in the name of my firm—I knew him personally, and saw him very often—our firm had no transactions with Charles Bowles alone; those transactions were between firm and firm—I knew Charles Bowles about the summer of 1871—there are still unsettled accounts between him and myself—I don't know where he is now—he owes me money—we have not had advances from the London firm, or from the Paris firm, but I drew upon them—those claims are not settled yet—we are not indebted to the Paris house, independently of the bonds; nor to the London house; not at all—when Mr. Robert Bowles said it was a felony that had been committed, he said "I know nothing of your bonds; I had nothing to do with them; but it is a felony that has been committed"—when I came to London I saw Mr. Sullivan first—he is a manager also—I did not ask him about the bonds, because I did not know he was a manager in London—I knew he was manager in Paris—I asked him where I could see Mr. Keith, and I went and saw Mr. Keith—I asked him about the bonds, and he said they were at the Union Bank—I said "But how have you done that?"—he said he was a poor man, and he was obliged to do what his master directed, and I must go to a lawyer; it was not necessary to see Mr. Bowles—I saw Mr. Robert Bowles about ten minutes after that—I asked where my bonds were, and he said "I know nothing about the bonds, but I will ask Mr. Keith"—when I saw him the second time, he said "I have spoken to Mr. Keith, and I find you are right; Mr. Keith says they are at the Union Bank," but I don't recollect whether I had told him what Mr. Keith had said to me—he said "My brother has left me in a bad position; I don't know what is to be done, but I will ask Mr. Keith if something can be done to get your bonds back"—there was a reading-room at the place in the Strand—I found Mr. Keith in the reading-room—I found the defendant on the third floor—I don't know that there was a warrant to take Mr. Keith up; that was after—I have heard that since, and that he cannot be found—there was one for Mr. Sullivan also, but I knew he was gone away, because I saw him in Paris.
Re-examined. When I applied for the warrant against the prisoner, Keith and Sullivan were still in London; I heard afterwards they had gene away, and could not be found, and after that I saw Mr. Sullivan in Paris—I had not known the firm previous to the transaction on 18th March, 1871, when my father came over—that was the first transaction we had with the
firm, it was made by my father, and embodied afterwards in this document—it was in 1871 that I opened an account at Nice between myself and Charles Bowles, after the transaction in March—the negociations that I had with Charles at Nice, Geneva, and Paris were private transactions between him and myself—I don't owe him or the firm at either of these places a shilling—the second time I saw the defendant in November he said he would telegraph to America, and he could get an answer the same night, and I said "I will call to-morrow and have an answer"—he told me the second time the securities were pledged at the Union Bank—he used the word "pledge" to me—he said that ours was a credit of honour, and that he would pay us, he did not care so much about the other creditors, as ours was a credit of honour—I had seen Robert Bowles in Paris at the banking-house previous to my seeing him in London to inquire about these bonds—I saw him every day—I did not transact business with him, but I spoke with him about the business—that was the month that I took away the hundred bonds, February last year—I spoke with him and with Mr. Appleton—I said "As I am in Paris now, we don't want to have 300 bonds with you in London, and I will take 100 with me back to Naples—that was part of the Lombardo-Venetian Bonds—I got the 100 bonds in Paris and took them away—I have never transacted business with Robert Bowles, but I have spoken to him of business.
MR. METCALFE. Q. Do you really mean to say you saw Mr. Robert Bowles in Paris in February, 1872? A. Yes—I know Mr. William Bowleshe is generally in Paris, and there is a Mr. Stetson—Mr. William Bowles and Mr. Stetson conducted the Paris part of the business—I don't say that I had the bonds from Mr. Robert Bowles; I had them from the cashier, but I said to him "I have come here, and I will take my hundred bonds," and I went to the Washington Club with him—it was in the bank that I spoke to him about the bonds.
MARIA GATES . I am a widow—I did reside in Ebury Place, Pimlico—I had known the firm of Bowles Brothers previous to June, 1872—I had done business with Mr. Keith and the prisoner previous to that at the banking-house in the Strand—I had generally seen the defendant in the reading-room—the business I have done with him has been with bills of credit, and I got him to sell a bond for me at one time—in June I had in my possession some bonds of the United States Government for 6,000 dollars, also some Massachusets bonds for 200l. sterling and ten South Lombardo-Venetian Central Italian Railway obligations; altogether my bonds were worth nearly 1,000l.—towards the latter end of June I took them to Mr. Keith and placed them with him for safe keeping—as he was managing clerk I gave them to him—he asked me to bring the bonds there; he said it was unsafe for me to carry them about with me, and he would place them in an iron safe for safe keeping—this is the receipt he gave me, signed by Keith for Bowles Brothers & Co.—I did not give him, nor any one belonging to the firm, any authority to deal with those bonds in any way; merely for safe keeping—when I was in France I had 60l. or 70l. in their hands—when I came back I went and asked Mr. Keith to give me 20l. as I was going to Brighton—he offered mo 8l., he said he was very busy at the time, and I had better take the 8l., and when I came from Brighton he would settle our account—he gave me 8l.—I went to Brighton—I was there about ten days, and I saw the failure of Bowles Brothers & Co. in the paper—I came up immediately, and went to the banking-house, and saw Mr. Keith—he said ho was very
sorry—I did not say anything about the bonds at first, because I thought they were all secure—I merely went to get the money—I said afterwards "Will you be kind enough to give me my bonds?" and he said I could not have them at that time—I said "I demand my bonds, where are they?"—he said "I don't know"—I said "You don't mean to say that you don't know where thev are?"—he said "No; but I think they are in the Union Bank"—I asked him by whose authority they were put in the Union Bank—he said "I don't know, but they sent me away, and during my absence they were placed in the Union Bank"—he said he knew nothing at all about it, and I believe he was an innocent man—that was all that passed at that time—he said he believed I would get the bonds back again—I met a friend, and he told me to go back the next day and demand the bonds, and I went, and he said he could do nothing about it, in four or five weeks the matter would be settled—I said, "What are you going to do?"—he said, "God is very good, I rest my trust in Him"—I did not see any other person con-nected with the firm about my bonds after that—when I had been to the premises on former occasions I never saw any one but the prisoner—I have never seen Mr. Charles Bowles at all—the only member ox the firm that I had seen was the defendant.
Cross-examined. I saw him in the banking-room and in the reading-room—there was a small partition, with a window, which communicated with the banking part—a great many ladies went there in the season, the same as myself—I don't know what Mr. Robert Bowles did—he paid me some money at one time—he never did anything else for me—I never saw him make out routes for the Continent for other people—the premises are on the first floor—when I went to deposit my bonds I went in the reading-room—I met Mr. Keith there, and he took me up stairs to the second-floor—when I went the second time I went into the reading-room, and they directed me to go up to Mr. Keith.
ANDREW BROOM . I am clerk to Messrs. Turquand, Young & Co., of Tokenhouse Yard, accountants—I have been engaged in the investigation of the books and accounts of the firm of Bowles & Co.—I have the books here which show the mode in which the partners drew out money—the firm consisted of Charles Bowles, Robert Bowles, William Bowles, Henry Stetson, and Nathan Appleton—I believe Mr. Keith and Mr. Sullivan were not partners, but managers—Stetson was engaged in Paris, and Appleton was principally at Boston, William Bowles at Paris principally, leaving the two other brothers as managing the London firm—they all visited the different places where they were transacting business—the drawings of the partners appear under the head of "Salary Account" and "Entertainment Account"—the "Entertainment Account" appears to have been drawn upon by the partners in London—the amount of that account from the 1st January, 1872, till the 9th November, when they stopped payment, is 1, 673l., that includes something to Keith—I don't know that I can separate his salary—the "Salaries Account" amounted to 2, 786l.—Keith's drawings that year were 1, 322l.; that is salary and entertainment—there is also a "Trust Account" and a "Suspense Account"—the debts of the firm by the London books appear to be 80,000l., and the assets that could be estimated amount to about 3, 500l.—I have here the press letter books of the firm—on the 16th January, 1872, there is a letter signed Robert Bowles, to the Manager of the Union Bank of London, Charing Cross: "Dear Sir,—Please discount to our credit in current account the following bills, amounting to
1, 680l. 13s. 7d., and oblige yours very truly, Bowles Bros. & Co."—that is signed by Robert—there is another on the 18th January, 1872, "To the Manager of the Union Bank of London, Charing Cross: Dear Sir, please deliver to bearer bonds as at foot, debit us in account with 3,000l. in loan for same amount, and oblige yours truly, Bowles Bros. & Co. United States bonds, 9, 500 dollars; Virginian, 10,000; total, 19, 500 dollars"—that is signed by Robert Bowles—the next is 14th February, 1872 (This was a letter to the Manager of the Union Bank, enclosing bonds for 1, 500l. to be placed to the credit of Bowles & Co., and signed "R. C. M. Bowles")—there is another letter, dated 14th April, 1871, to the Manager of the Union Bank of London, signed "R. C. M. Bowles," in which T. R. Sullivan is authorised to sign for the firm—there is also one of 23rd August, 1872, to the Manager of the Union Bank of Princes Street, signed by Robert—they banked both with the Charing Cross Branch and the head office of the Union Bank of London, and had current accounts at both—the remain-ing letters are signed by Mr. Keith, Mr. Sullivan, and some few by Mr. Charles Bowles—I have a list of the securities which were at the Union Bank at the time of the stoppage—I have separated those which were deposited with Bowles Brothers for safe custody from others which were at the Bank—those which they had no lien at all upon are valued at 12, 128l.—I can't tell you by whom they were deposited with Bowles—I have the dates when they were deposited at the Union Bank—as respects Messrs. D'Agiout's, they are not included in the 12, 128l., because there is a debt balance in the books of 179l. against D'Agiout—they were deposited at the Bank—Mrs. Gates' bonds are included in the list of bonds upon which they had no lien—I also find in that list the bonds of Robert M. Gardiner, which were deposited at the Union Bank on 27th July, 1871—they are included in the sum of 12,000l.—the whole value of securities lodged at the Union Bank against which no advances were made amounted to 12,000l.; the amount of the securities where advances have been made is 14, 476l.; the amount of their own securities in the bank was 861l.—I have here the cheques which have been drawn—in the year 1872 the total cheques drawn by Robert Bowles were 123 on the two accounts at Princes Street and Charing Cross—I have made a detailed list of the amounts of those cheques—I have not got the aggregate amount—there are some very large cheques—they were signed "Bowles & Co.," by Robert Bowles—the rest of the cheques were in the handwritings of Mr. Keith and Mr. Sullivan, with the exception of eight that are signed by Henry Stetson and William Bowles—I have not seen any in the handwriting of Charles—as to the acceptances, I have a list here—Robert Bowles accepted 1, 238 acceptances paid during the year 1872—I have not the amounts before me; the bills are in Court—I should think the whole amount was 50,000l.; they begin in January and go down to October—there were no acceptances drawn in that year by Charles; the others are by Mr. Keith, and a few by Mr. Sullivan—the largest number are accepted in the handwriting of Keith, 2, 959; 1, 238 by Robert Bowles, and none by Charles—in the year 1872 to the time of stoppage, there are fifty-eight letters signed by the defendant—there are seventeen signed by Charles, and between five and six thousand by Keith—I can't tell you how many Sullivan signed—I don't think he signed many in 1872, because he went over to Paris in the early part of it—there are three letters of January 17th, 20th, 22nd, relating to bonds, but they are signed by Sullivan—the bonds referred to in this letter of 16th September, 1872, signed by Mr.
Keith, belonged to D'Agiout—they were pledged on 16th September—this letter of 2nd July, signed by Keith, refers to Mrs. Gates' bonds—this letter of 15th August, relating to 113 Massachusets bonds 200l., is signed by Keith; they refer to Mrs. Gates' bonds—this letter of 27th July, 1871, refers to Mr. Gardiner's Virginia and Turkish bonds—looking at the bank-books, I found that Bowles Brothers & Co. are credited in their current account with them—it does not appear in the books that Keith and Sullivan got any advantage by them beyond what they took in salary and so forth—there is a letter of 29th March, 1871, signed "Per pro Bowles Bros. & Co., R. C. M. Bowles."
Cross-examined. I believe the bank was first formed in Paris, and there were branch banks, one in the Strand, one in Boston, and one in New York—they had no house in Geneva—Mr. Stetson and William Bowles were in Paris—Mr. Appleton lived at Boston—I don't know how much money he brought in—I believe that Charles Bowles was the originator of the whole thing, and that the powers of attorney and authorities to sign emanate from Charles Bowles to the different members of the firm—there is a letter to the Union Bank notifying the signatures, I believe, which is signed by Charles Bowles—all the signatures are notified by that letter, I believe, except Sullivan's—I have not investigated anything beyond the state of the London house—they have transacted business the one house with the other—there is a claim by the London house against the Paris and Boston houses, not against the New York house—you can't get at the state of the whole thoroughly until they are-investigated—the claim which the London house has against Boston is. 88,000l., and if that be a genuine claim that disposes of the 80,000l. liabilities in London, but it is impossible to say until you investigate the whole—the figures stated are according to the London books—I am not aware that the claim against the Boston house of 88,000l. has any effect upon the liabilities that appear in the London books—it would furnish assets if the Boston house is a solvent matter—Mr. Appleton, the Boston representative, is said to be a man of very large property and inquiries have been sent out—it would be necessary to ascertain his condition before you can say what the assets are—that has not yet been ascertained—I only know from hearsay that he is a wealthy man—I believe Charles Bowles took an active part in the financial part of the business when he was in London—I find in the London letter-book financial accounts sent off frequently to Mr. Charles Bowles by Mr. Keith and Mr. Sullivan keeping him in full information of the state of the business—those accounts are referred to in the letters; they are not copied in the letter-book—I believe such statements were sent—I believe there are also letters from him giving them directions as to the financial matters—I believe Mr. Keith was the person who chiefly conducted that part of the business when Mr. Charles Bowles was away, except when Sullivan was there—I find from the books and papers that Mr. Keith went over to America in the early part of the year, and Sullivan acted in his absence, and Sullivan did what Keith had done before, and made communications with Mr. Charles Bowles, I believe—the ground floor of the premises in the Strand was occupied by other people—you immediately go up stairs on to the first floor and enter what is called the reading-room, and partitioned off there is a small banking-room with a window looking into the reading-room—the reading-room is the larger of the two—it is a corner house at the corner of Adelaide Street—you go up a flight of stairs to the room
where the books are kept—the clerks' office is on the second floor; of course there were some clerks down stairs in what is called the banking-room—that was where the cash transactions were carried on, and where the cash-books were kept, I should think, because the safes were there—the registers and such things were up stairs—the manager's room was on the second floor—there were also rooms on the third floor—they were private rooms; there was one sitting-room—I can't say who that was for—there was a large number of clerks, about twenty, and most of them were on the second floor—a few were of course on the first floor—there were some adjoining premises, where luggage was deposited, but latterly I believe that has not been conducted by Bowles Brothers & Co.—I believe many people did leave their luggage there—I did not know the business till after the stoppage—I have not gone into that part of it—I believe there was a large business of that kind conducted requiring an additional staff irrespective of those I have spoken of—I could not say how many—none of the letters depositing these securities of D'Agiout, Mrs. Gates, and Mr. Gardiner are in the handwriting of the defendant—I have not seen any writing of his in connection with those securities at all—Keith deposited D'Agiout's and Mrs. Gates and Charles Bowles deposited Gardiner's—the letters we have been referred to are about acceptances, discounting acceptances—that would be in the ordinary way of business—those two letters of his which speak of deposits don't refer to either of the three deposits complained off, and in the one which withdrew securities I find that loan was discharged altogether—I have not ascertained that the one where the securities are deposited were properly deposited—I have not found that there were securities deposited which had been placed with them, and permission given to cash the securities—on 14th February, Aaron & Matini were debtors to the firm for 104l., but that is not deducting the bonds—the bonds don't appear to their credit at all—on 14th February their indebtedness was 104l.—I don't know whether the bonds were held by them to liquidate the bill—that account had been closed altogether on 14th February—the account of Van Toile is closed altogether in the ledger, but I am not aware that those securities have been paid off altogether—I have not had any claim made by Aaron & Matini—I believe they have since been returned—I have not had any claim made for any of the securities mentioned in the letter of the 14th—the 9th was the date of the stoppage, and I received the books shortly after that—I last saw Mr. Keith during the time the case was before the Lord Mayor—I believe he attended on two occasions while Mr. Robert Bowles was under remand, and the examination was going on against him—I did not see Sullivan at the Mansion House at all—I saw him at 449, Strand once, within a few days after the stoppage—they have since disappeared—I heard Mr. Keith had gone to Paris first, and from there he went away—I was not aware he was brought to the Mansion House as a witness for Mr. Robert Bowles—he was not brought there on the part of the prosecution, that I am aware of—I put myself into communication with Mr. Robert Bowles when I received the books, and he assisted me as far as he could—Mr. Young was present then—I believe that we received every assistance that Mr. Robert Bowles could give us, and when we came to the financial part of it he referred us to Mr. Charles Bowles, and for many things connected with the accounts, saying that he knew nothing of the financial part of it—I don't know that he referred me to Mr. Keith also—I did communicate with Mr. Keith also on the matter—
he knew more about the customers' accounts than the defendant—Mr. Keith assisted to prepare a list of the bonds—the information was in various books—I don't know that they were under Mr. Keith's charge—I. believe they were under the charge of the clerks down stairs—Mr. Keith knew where the bonds were deposited—I did not see Mr. Gilbert there—I believe I have since seen him—I have been told that some portion of the letters signed by Robert Bowles are written by Gilbert—he was a clerk—I don't know his handwriting myself—Sullivan and Keith both drew cheques, but they were drawn Per pro Bowles & Co.—I believe all the money that they drew has been traced, but I am not aware.
Re-examined. There were no cheques by Keith and Sullivan, except per procuration—the firm first started in London at the beginning of 1870; the firm had existed in Paris I should say five or six years before that, or perhaps more—the English firm owes the English creditors 80,000l.; they are not all English people, but creditors of the English department—I am not aware that the Boston house is in liquidation yet, not legally—it has stopped payment at New York, a receiver has been appointed, that is the distinction I wish to make—enquiries have been sent, but replies have not yet been received—88,000l. appears against the Boston house in the London books; the Paris house is debited 54,000l.—but as regards the Paris house they have sent a summary of their accounts, but I have not tested their accuracy—there is no handwriting of the defendant with regard to the deposit ef any of the securities that we have been enquiring into to-day—Charles Bowles signed the letters which deposited Colonel Gardiner's securities at the Union Bank, but the-other letters he did not—the other securities are signed by Keith and Sullivan—there is one letter I believe signed by Henry Stetson—I am not aware that Van Toile's were at any time securites upon which advances had been made by Bowles & Co.—they were pledged at the Union Bank by the letter of the 14th February—they were not at the bank at the time of the stoppage.
ROBERT MAY GARDINER . I am a retired commissary-general of the army—I deposited with the firm of Bowles Brothers & Co. some Virginian bonds; 20,000 dollars of the old issue, and 10,000 dollars of the new—the value varies according to the market; they are worth now between 2,000l. and 3,000l.—I never authorised them to be pledged with the Union Bank, or to be dealt with in any way, and I did not know of their being dealt with in that way.
Cross-examined. I took the lot of 10,000 dollars to the Strand myself; I gave them to Mr. Sullivan, he was in the bank where the glass partition was.
Re-examined. I think the defendant was also there in the same room.
Cross-examined. I had the management of the loans on securities of Bowles Brothers under my care—I am not the general manager; Mr. Milfond is—he opened the account on loans—he is at the bank to-day, I believe—he has been out of town; I have not seen him for ten days—I believe he is there to-day—Charles Bowles opened the account—generally the transactions took place by letter; I have all the letters; I believe they are the letters of which you have had the press copies—there are two letters depositing the bonds in Gardiner's case, one is signed "Charles Bowles, "and the other "Bowles Bros. & Co., T. R. Sullivan"—the letter of 2nd July, depositing Mrs. Gates' United States bonds is signed by Keith; and also
the letter depositing her Massachusets and some Lombardo Venetian bonds—the 300 Lombardo-Venetian of D'Agiout is signed by Charles Bowles—they were withdrawn, and 200 were re-deposited by Keith—Charles Bowleg opened the loan account at the beginning of 1871—the account generally was a transfer from an old account of Bowles, Dreve, & Co.'s—Charles Bowles opened that account also, on. 5th June, 1866—he authorised us to honour Mr. Roger's signature first, and on the 8th January, 1868, Stetson was authorised to sign per pro—W. B. Bowles is authorised to sign by a letter of 29th January, 1868, the signature of which is in the handwriting of Charles Bowles—on 29th April, 1870, in a letter in the handwriting of Charles Bowles, Keith is authorised to "sign for us all cheques, drafts, &c., necessary to the transacting of business with you or through your bank"—April 14, 1871, is a letter authorising the signature of T. R. Sullivan, that is signed "R. C. M. Bowles": "Please note signature of our Mr. T.R. Sullivan, at the foot, who from this date is authorised to sign for our house by power of attorney in all transactions with your bank"—we have not had the powers of attorney—Robert Bowles was authorised to sign for Bowles Brothers &Co, on 15th April, 1868, by a lithograph circular signed by Charles Bowles—that is the first intimation apparently that we have of Robert Bowles—I only saw Charles Bowles about this matter—I may have seen him in the office altogether perhaps fifteen or twenty times, but the majority of the transactions took place by letter—Mr. Milfond opened the transactions with him; but a very few of the subsequent ones would be transacted by him—I am next to him in the service of the bank—I should decide for myself—I should not refer to him—I know that Mr. Milfond occasionally saw him; and I believe he occasionally saw Sullivan and Keith also—I never saw Mr. Robert Bowles until the bank stopped, to my knowledge—he came to me at the bank—he said "I have been disap-pointed on the part of the firm as to the receipt of some money which we had expected to obtain from Mr. Morgan, the American banker, and have not sufficient to meet our engagements falling due to-day; our acceptances amount to two or three thousand pounds beyond the funds in our hands"—I asked him if he could place in the hands of the bank security, in the event of our paying the acceptances—he told me he could not undertake to do so—it was then a late hour for business—I asked him if he would undertake that the bank should have the security the next morning, if I ordered the acceptances to be paid; he told me he could give me no such promise—I asked him if he knew what the consequences would be if the acceptances of his firm were returned unpaid—he said, "I am aware of it"—I repeated, "Do not misunderstand; if you do not pay to day, your credit is damned"—he assented to that, and went away upon my telling him that, under those circumstances, I could not agree to pay the bills—he said, during the conversation, that he was left alone to manage the financial part of the business, which he did not really understand, as it had not been his depart-ment—he said he had seen Mr. Morgan, and he had hoped that a telegram that he had to receive from America would enable him to make the advances, but he had not received it.
MR. METCALFE, while admitting that there was evidence of an offence committed by some parties not before the Court, submitted that there was no evidence to go to the jury of any participation in a fraud on the part of the defendant.
MR. PRICE contended that it was for the jury to determine whether it was possible for the defendant to be ignorant of the transactions, he being apartner, and an active partner, in conducting the business of the firm.
THE DEPUTY-RECORDER was of opinion that there was no evidence upon which the jury ought to be asked to infer that the prisoner was guilty, there being nothing to connnect him personally with the fraudulent transactions.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. DOUGLAS the Defence.
EDWIN WARNER . My father, Edward Warner, is a cheesemonger at King Street, Snow Hill—I assist him in his business—on 14th January, between 5 and 6 o'clock in the evening, I missed a firkin of butter—I had seen it safe up to 5 o'olock—it was standing in the gateway—it was worth about 4l.—this is it—I saw it at the police-station the same evening—I know the firkin by the marks on it and the number, "F. & Co., 267"—there were five of them up the gateway, numbered con-secutively from 264 to 268, and we missed 267—it was standing in the gateway close to the street—it weighs ninety-nine pounds—I did not see any one take it.
HARRY HARVEY (City Policeman 267). I was with Mitchell in Charterhouse Street about 6 o'clock—I saw the prisoner with this firkin of butter on his left shoulder—two others joined him in Charterhouse Street—when they saw us they began to run—one ran into Farringdon Street, and one towards Holborn—I followed the prisoner, and stopped him at the corner of Farringdon Road, with the firkin on his shoulder—I asked him what he was going to do with it, and he said he was-going to take it home.
Cross-examined. I have looked for the others, but could not find them—I only spoke to the prisoner, I did not speak to the others—the prisoner had the butter at the time—I had my suspicions when the two others began to run, and then I followed him.
GUILTY .—He also PLEADED GUILTY to having been before convicted, in December, 1868.— Nine Months' Imprisonment.
CHARLES JAMES SMITH . I live at 11, Sugar Loaf Court, Minories, and am a van guard on the Midland Railway—on Saturday, 18th January, about 4.30 o'clock, I was in New Street, Bishopsgate, loading wool—I was on the van—I dropped my wool-hook in turning the bales over, and got down to get it—I saw some men teasing Pom before I got down—he came past me with his hat in his hand, going away from these men—his hat caught up against me, and fell out of his hand—he turned round and closed with me—a man tried to part us—the prisoner let me go in about two minutes, and as I went away he put his hand in his pocket—I did not see that he took anything out—he made a rush at me, and struck me in the temple and in the neck with some sharp instrument—I put my hand to my head, and found my cap was off—I did not feel any effect then, but there was blood—I turned round and asked for my cap, and as I did so he rushed at me again, and struck me on the nose and cheek with some sharp instru-ment—blood flowed, but I did not feel anything for a minute or two—the
prisoner ran away—I went to the police-station, then to the doctor's, And then to the hospital.
Prisoner. He gave me a punch in the eye. Witness. No; I did not hit him—I did not see him hit, but I saw the people teasing him, laughing at him, and pulling him about for about twenty minutes—he is a foreigner—I have heard talk of him before, but that was the first time I saw him, and then I did rot know he was "Pom-Pom"—some woman said, "Pom-Pom stabbed you"—I did not join in the chaff—the wounds are getting on very well.
ADAM JOHN WHITEFOORD . I am house-surgeon at the Metropolitan Free Hospital—on 18th instant Smith was brought to me, and I examined him—he had a cut across the bridge of the nose and on the right cheek, evi-dently done by the same blow glancing from the nose to the cheek—it had been caused by such an instrument as this knife (produced)
HENRY PILL (City Policeman 901). I apprehended the prisoner in Petti-coat Lane on 18th January—I told him he was wanted on a serious charge of assaulting Smith, and stabbing him on the nose and face—he said "I did not do it"—he said he knew nothing at all about it, and he should not go to the station with me—he was very violent, and I had to be assisted by two constables—I found this knife on him.
Prisoner's statement belore the Magistrate. I did it.
Prisoner's Defence. One of them knocked my hat off, and I got a punch in the eye. I was going to lock them up, and I could not see a policeman. I got the knife out of my pocket, and stabbed him in the nose and face.
GUILTY.— Judgment respited.
FOURTH COURT.—Wednesday, February 5th, 1873.
MR. BROMBY conducted the Prosecution; and MR. A. B. KELLY the Defence.
MR. BROMBY offered no evidence against COCKLIN.
NOT GUILTY .
JAMES WILLIAM TAYLOR . I am a packer in the employ of Messrs. James Dewar and others—on the 10th of January, about 10 o'clock in the morn-ing, six cases were placed in an archway in Wood Street, leading to Messrs. Dowar's premises—afterwards one of them was missed—the piece produced is one of twenty-nine that was stolen—the whole of it has since been re-covered—there was a ticket produced to me by a detective officer with "No. 1-587"—that is the only way of identifying it as being one of the half-dozen cases—I gave the carman a signature for—the ticket produced is the one that was on the case when I left it in the archway—it is one out of a half-dozen I sent for—the value of the goods stolen was 3l. 3s. 3d.
AMELIA STEVENS . I am employed at the City Green Yard—on 10th January a wheelbarrow was brought to the Green Yard—the two prisoners and another man came to claim it at a 5. 45 in the morning—1s. 4d. was paid for it by Hart, who claimed it as his own.
Cross-examined. I am sure about the time—we book it—Hart took the barrow away in the name of William Osborn.
about 6.30 in the morning, I saw Wheeler and Hart standing beside a barrow with a large case upon it—they spoke to each other and separated, Wheeler going across the road into a public-house, and Hart down the street—I got the assistance of three other officers—I saw Wheeler come back from the direction of Moorfields with Cocklin, and point to a barrow—Cooklin then went and wheeled the barrow away towards Finsbury, Wheeler following a distance behind—when they got to Ropemaker Street, Cocklin stopped, and Wheeler then went across to him and spoke to him—with the assistance of Outram, another officer, I took Cooklin into custody; prisoner Wheeler ran away—I took Cooklin to the station, searched him and found upon him a large key, 2d., and a purse—Wheeler was brought to the station a few minutes after—at 3 o'clock on the 12th instant I saw Hart, and I identified him as the man I saw in company of Wheeler—he was charged, and in answer he said "About half-past 4 o'clock on Friday afternoon I got my barrow out of the Green Yard, I went over the water with the barrow for some empty cases, and took them to Snelling's & Co., in Hounsditoh, and sold them. I took my barrow afterwards to the Swan, in Upper Thames Street, and there I lost it; that was about 7 o'clock, 7.30, or it might be 6.30"—this is the ticket I found on the case—I took it off and traced the owner through it.
Cross-examined. I do not remember him saying that when he lost his barrow he gave information to the police—he made some statement of that description—I first saw Hart with Wheeler, when Wheeler brought up Cocklin.
FREDERICK LAWLEY (City Detective 141). On the 10th January I saw a costermonger's barrow and a case of goods upon it outside the Castle public-house in Fore Street, and I saw Wheeler and Hart standing outside—Wheeler went towards Moorgate Street, and shortly afterwards returned with the boy Cocklin, pointed out the barrow and case to Cocklin, and he wheeled it towards Finsbury Square, Wheeler following up—after Cocklin got past Ropemaker Street, Wheeler went up and spoke to him—Harding went up at the time, and I followed him and took Wheeler into custodv—he said "I know nothing about the truck"—I found a knife upon him when I searched him—he said he had no fixed residence.
JEREMIAH COCKLIN (the prisoner). On the 10th January, in the evening, I saw Wheeler—I was at the Bank watering-place—he asked me if I wanted to earn a shilling, and whether I came from Ireland?—I told him I was born in London—he took me up to Hart, who was standing against a wall—he then took me to the barrow, and pointed it out to me—Hart was about five minutes' walk from the barrow—I wheeled it off—he told me it was a case that was on the barrow—I did not get the shilling, and I had only 2d. in my possession when Wheeler asked me—when he took me to Hart he said "I have got it at last"—Hart said "That is right"—Wheeler told me I was to wheel it up the street—he afterwards said I was going the wrong way, and said "I mean to go to London Bridge"—Wheeler then ran away.
Cross-examined. I cannot say whether Hart was drank—he was pre-tending to be drunk, staggering.
ROBERT CRANSTON (Policeman M 77). I took Hart into custody on Sunday night, the 12th January—on the way to the station he asked me five or six times what it was for—he told me he had lost his barrow in the day, and had taken it out of the Green Yard.
ROBERT OUTRAM (City Policeman 175). On the Sunday morning in question, I told Hart that he was charged with two men, not in custody, with being concerned in stealing a case of goods from Wood Street—he said he knew nothing about it, he had lost his barrow, and had found it after going to several Green Yards, "when I found it I took a case to Snelling's and sold it there; I left my barrow outside the yard, when it was stolen."
BENJAMIN GATES . I am employed at Messrs. Snelling's—on the after-noon of the 10th January no one came there with a package, to my know-ledge—I must hare known if any one had come—I know Hart by sight—he never came.
Cross-examined. He has come to our place—I have known him for a twelvemonth by buying cases from him.
WHEELER and HART NOT GUILTY .
MR. A. B. KELLY conducted the Prosecution.
CHARLES JONES (City Detective Officer). On Saturday afternoon, 11th January, I was on duty in Bishopsgate—I saw the prisoners in Houndsditoh, and, from their suspicious movements, I followed them into Bishopsgate Street Without—I saw Jones enter a pawnbroker's shop there—I got the assistance of two other constables—I followed him into the shop—he had a case of surgical instruments—I asked him where he had got them—he said he had bought them in King William Street, of a man—the other prisoner was outside, in a court—I took them both into custody.
GEORGE CAYLEY . I am assistant to the prosecutor, at No. 10, Osborne Street, Whitechapel—on the day in question the prisoners came there, and were shown into the surgery by the servant—they represented themselves as being tramps—I told them Mr. Jarrett was in Finsbury Square, and asked them to call again—when they had gone I missed this box of surgical instruments (produced)—Jones, I think, went out first—while in the surgery one sat in one place and the other in another, opposite to each other—the instruments were on a marble slab—Jones was sitting the nearest to them.
White. I had never seen the things until I was in the police-station. I was smoking my pipe outside when I was taken.
GUILTY .—JONES also PLEADED GUILTY to a previous conviction.— Two Years' Imprisonment each.
OLD COURT.—Thursday, February 6th, 1873.
Before Mr. Deputy Recorder.
MR. METCALFE, Q.C., wit.
MR. F. H. LEWIS conducted the Prosecution; MR. STRAIGHT defended Wilmius, and MR. TINDAL ATKINSON defended Cramer.
EDWIN JOHN MERRELL . I am clerk to Messrs. Morris & Co., of 6, Old Jewry, solicitors to the trustees of the bankruptcy of the prisoners—I produce from the Bankruptcy Court the file of the proceedings in that bankruptcy—the
date of the petition against Wilmius is 27th August, 1872, by Messrs. Grant & Co.—the date of the petition against Cramer is 6th November, 1872, and the adjudication 8th November, 1872—the bankruptcies were consolidated by an order dated 19th November, 1872—the prisoners are both described as merchants, of Finsbury Circus—on 14th November, Wilmius filed a statement of affairs, under a petition for liquidation, disclaiming any liability—he marks his assets at 18l., and his liabilities nil—Cramer has put in no statement of his affairs—he presented a petition for liquidation—the creditors unanimously refused to listen to it, and put it in bankruptcy—here is a statement of Cramer's, presented by him at a meeting of creditors—by that his liabilities appear to be 2450l. 3s. 7d., unsecured, and 31467. 1s. 2d., fully secured; total, 5596l. 4s. 9d—the assets, 1846l. 18s. 10d., the surplus from secured creditors—Mr. J. Davis, of 26, Leadenhall Street, is the only secured creditor—the assets are the surplus stock in Davis's hands—both the defendants were examined in the Bankruptcy Court—I have been acting for the trustees since the filing of this statement—I have had no assets in hand under this alleged surplus—nothing has been given up or obtained since the bankruptcy—there is an order on the proceedings from the Commissioner for this prosecution.
Cross-examined by MR. STRAIGHT. The estimated value of the securities in Cramer's statement of affairs is 4988l.—that is the estimated value of the goods held by Mr. Davis, as security—the amount of his debt is 3146l. 1s. 2d.
Re-examined. With the exception of 5l. for fixtures and furniture, there is nothing whatever given up to the creditors—the whole of the residue is in the hands of Mr. Davis.
WILLIAM FREDERICK COPLAND . I am an accountant of 61, Moorgate Street—I know both the prisoners—I have known them about two or three years—I first knew them at Tottenham, their private address—Cramer lived with Wilmius in the same house, in West Road, Willoughby Park, Tottenham—they continued to live there all the time I knew them—I did not know their place of business until they started this last time in Finsbury Circus—I never knew of any other place of business—I forget the date at which they started there, I believe it was in December, 1871—I gave a reference to Debenham & Tewson—I knew the prisoners only as neighbours at first—Wilmius has been bankrupt—he was still a bankrupt at the time I gave the reference—I knew it—I did not mention it to Messrs. Debenham—I did not know where they carried on business previously, I heard of it afterwards, I did not know it at the time; I have heard it was in Fenchurch Street—the bankruptcy was in 1871 I think—I knew that he was trading in a different name at Finsbury Circus—I mentioned it in one case—I did not mention it to Debenham's, they were the agents of the landlord of the place in Finsbury Circus—I don't know whether he referred to anybody else; I thought he was a respectable man—I believed him to be an honest man, or I would not have given a reference upon any consideration—I believed that he was a very unfortunate but an honest man—somebody came to me from Messrs. Grant's, I did not give a written reference to them, I told them what I thought of them, that they were respectable people—I don't think I mentioned the bankruptcy to them—I also gave a reference to the Central Bank—I was asked by Wilmius to give these references—I gave the reference for Cramer & Co.—I understood from Wilmius that he was trading under the name of Cramer & Co., not being able, of course, to
trade in his own name on account of the bankruptcy—I knew Cramer by name—Wilmius told me that Cramer was his clerk—I had very little conversation with Cramer—I don't remember that he told me in what capacity he or Wilmius were acting; I believe he never said a word about it.
Cross-examined by MR. STRAIGHT. I told the persons who proposed to sell to Wilmius that they might give credit, but not to large amounts.
Cross-examined by MR. ATKINSON. Cramer never asked me to give him any reference—he never interfered in the matter—he had not been in business before he went to Finsbury Circus to my knowledge—I had known him two or three years, as a neighbour only; during that time he had not been in business to my knowledge—I knew nothing about his affairs.
ALFRED GEORGE JARDINE . I am a mantle manufacturer of Aldersgate Street, City—my firm is a creditor of the firm of Cramer & Co, of Finsbury Circus for 200l. 2s. 6d., less a drawback of 15s. for cloth mantles and cloth in the piece not made up—I have seen both the defendants in the transactions—I first'saw Wilmius; he came to me by introduction, and stated that he was a shipper of goods such as I made to Amsterdam, I think he said, at any rate, to the Dutch markets, that he required credit to a reasonable amount, that he was an honest man, and could pay his way, and would pay for his parcels one under the other, taking monthly credit, or thereabouts—I saw him, I think, once before I credited him—during the course of the transactions I saw him, probably, twenty times, lasting over a period of about four months—he always made the same statement with reference to the destination of the goods—he told me that he was trading under the name of Cramer & Co.—I thoroughly understood that Cramer himself was not his partner; I don't know that I understood it from him by words—yes, I must have done so, because subsequently he men-tioned that Cramer was his clerk; that was a month or two afterwards—Cramer has brought orders, and always mentioned in the same way as to the destination of the goods—he told me they were going to the Dutch market, Amsterdam or Rotterdam—I had no notion that they were to be dealt with in the way that I have since discovered—on two occasions Cramer stayed outside in a cab while the goods were packed, in order, as he said, that he might take them to the Eastern Counties Station and catoh the tidal train to Harwich, which is the route to Rotterdam—those occasions were on 19th June and 3rd August, and on each of those occasions the goods were taken away by him in a cab—I think the amount of the goods on the 3rd August was 39l. 4s., consisting of boys' cloth suits, and on 19th June the amount was 60l. 6s., and the same class of goods, boys' suits.
Cross-examined by MR. STRAIGHT. My first transaction with Wilmius was on 1st April—it was about the beginning of March that he first came to me—there was another transaction on 8th April, and others on 29th, 30th, 2nd May; 7th, 13th, 17th, 2nd or 3rd of June; 24th June and 3rd August, and 19th—the sum total of his indebtedness to me was 434l. 2s. 6d—I have an account of his cash payments, taken from my ledger—on 9th April he paid 15l.; on 29th, 39l.; on 10th May, 25l.; on 17th, 25l.; 31st, 40l.; June 17th, 30l.; July 3rd, 30l.; and August 3rd, 30l.—total 234l., leaving the balance I have stated—on the day that the 39l. worth of goods were supplied he paid me 30l.; that was on account of a previous balance overdue—the boys' suits had been ordered a fortnight, but not supplied till then, when they were taken away by Cramer in the cab—when I first saw Wilmius he said the goods were wanted for the Dutch market—we know
very well in our trade that there are three or four ports to ship to—I don't think he mentioned either one place or the other at that time—he men-tioned Rotterdam afterwards; he probably did on the first occasion—certainly on the second, because he had told me he had brought me an order from Rotterdam—that was about the first week in April—39l. was a fair value for the goods supplied on 3rd August, that was the wholesale price.
Cross-examined by MR. ATKINSON. Cramer came, perhaps half-a-dozen or a dozen times; he came as a messenger from Wilmius—I am certain he came more than twice—Wilmius generally gave me the orders, but I understood he was in Ireland at the time of the order of 3rd August, and Cramer brought the order; nearly all the orders were given by Wilmius—I can't say positively whether or not Cramer gave the order of the 3rd August—my impression is that he did, but on behalf of Wilmius—I occasionally sell large quantities of goods to ship abroad, that is part of my business—if I deal with respectable persons I expect to ship to the ports they say—if a man bought goods to ship to Sydney and I found he sent them to America, I should fancy directly that there was something wrong—if people change the destination of the goods after they receive them I should think it suspicious—I have never known such an instance—I know many houses in London that trade with every part of the world, but we always know from the marks where goods are going—we generally ship them ourselves or send them to the packers, and they give us a mark.
Re-examined. The returns from the Dutch market would be much quicker than from Australia—a man would require, much longer credit for the Australian market—if I had not had some cash payments I should not have gone on supplying goods.
EDWARD BRIMBLE . I am a wholesale stay manufacturer in Bartholomew Close—the bankrupts owe me about 53l., that is, for goods supplied in July, 1870, to the firm of Cramer &Co., of Finsbury Circus—it was only one transaction—I saw Wilmius upon it—I never saw Cramer until I saw him at the Mansion-house—Wilmius told me the goods were for the Dutch market—a second order was given about two months after the first, about September, also by Wilmius—that was not executed; it was about the same amount, 50l.—I have never received anything—at the time he gave me the second order I did not know that he was actually in the Court of Bank-ruptcy—I don't know of my own knowledge what became of my goods; it appears they went to Mr. Davis.
Cross-examined by MR. STRAIGHT. The second order was countermanded about the day before he stopped.
MARTHA ELLIS . I am a mantle manufacturer in Lawrence Lane, City—the defendants owe me 115l. 17s. 3d. for goods supplied in March, April, May, and up to 4th June—I first saw Wilmius, but he told me that his name was Cramer—he said the goods were going to Holland, Amsterdam, and Rotterdam—I had to make him samples first, for he said it was a peculiar market they were going to, that the ladies there wore much larger jackets than they do here, and they wanted "plenty of size, madame, plenty of size"—I afterwards saw Cramer—Wilmius told me that he was his counting-house gentleman—I could not get at his name, they would not tell me—I asked Wilmius his name, and he said he was his counting-house
gentleman—Cramer came several times to put off the payment of the money and to hurry me with orders—I did not ask him his name—I took Wilmius to be Cramer up to 19th August.
Cross-examined by MR. STRAIGHT. I had never made anything for the Dutch market before—I saw a card with "Cramer & Co. "on it afterwards—I first said "Who have I the pleasure of speaking to?"—he said "My name is Cramer"—the card was presented about a quarter of an hour after-wards, and he said "You being a lady, perhaps, are short of money; at any time you can have your money beforehand"—I once asked him for it, and of course I need not tell you I did not get it—if persons say they want goods for Holland and send them to Australia, I should think they were deceiving me in some way, and that I should lose my money; I should think there was something underhanded—I have had various sums paid me on account: on 5th March, 7l. 2s. 6d.; on 28th, 17l. 5s. 6d.; on 8th April, 28l.; on 25th, 41l., 15l., 8l., and 4l. 10s.; altogether 120l. 18s. and 115l. 17s. 3d. is still owing.
Cross-examined by MR. ATKINSON. I attend to my own business, I have no foreman, I keep supreme command—I understand the shipping business—I send the goods to a warehouse, and they send them abroad with other goods—I have not personally shipped goods abroad—I saw Cramer on three or four occasions—he has been to urge on the orders, as the ship was going off in a few hours or next morning—he only brought me orders from Mr. Cramer, as he said; and he said Mr. Cramer was very sorry—I mean to say that he made use of the name "Mr. Cramer" on every occasion—he did not say "Cramer &Co."—I should have laughed at him if he had said so; I should have said at once "Are you the Co.?"
Re-examined. He said that Mr. Cramer was very sorry to put me off in payments, and wanted me once to take some foreign bill, whieh I declined—I should not have gone on executing orders unless I had received some cash.
ROBERT GRANT . I am a manufacturer of shirts and parasols in Alder-manbury—the defendants owe me 90l. 12s., the balance of goods supplied from February to July last year—Wilmius ordered the goods—I did not see him myself, it was our counting-house man who saw him—I know nothing more than that the orders were executed except what I was told—they were goods in our trade, parasols and shirts.
Cross-examined by MR. STRAIGHT. I have a copy of the account—goods were supplied from the 9th January to July, amounting to 439l. 4s. 10d., to Cramer & Co.—I received cash for that amount, less 90l.—they paid all they owed except 90l.—I have a copy of the payments that were made—the first is on the 9th February, 27l. 6s., and the last is the 31st July, 10l.—I never saw Wilmius at all, nor had any conversation with him—I am in a large way of business.
Cross-examined by MR. ATKINSON. I have seen Wilmius, but not to talk to him—I never saw Cramer, but I call Wilmius Cramer—I heard that he called himself Cramer—I have seen Wilmius in our place; he is the man who gave the order—he did not say he was Cramer to me.
GEORGE: MYERS . I am warehouseman to Mr. Myers, furrier of Alders-gate Street—the firm of Cramer & Co. owes us 152l. 13s. 9d., the balance of a sum of 203l. 18. 9d.—that is for goods supplied between January and June, 1872—I saw Wilmius in the transactions—I supposed him to have the name of Cramer—I addressed him as Cramer, and he answered to that name.
Cross-examined by MR. ATKINSON. He did not say his name was Cramer—I believe he handed a card with "Cramer & Co. "on it—I had nothing to do with the orders—I keep the books—I have brought an account here from the books—they have paid 151l. 12s. 9d. between December 71 and June 72—I never saw Cramer at all.
JOHN HENDERSON CUMMING . I am clerk and warehouseman to Mr. R.C. Poole of Cannon Street—the firm of Cramer & Co. owes us 84l. 11s. 3d. the balance of an account extending from March 5th to June 11th and the payments between April 2nd and June 11th—I know Wilmius under the name of Cramer—I always called him Cramer, and he answered to that name—the goods supplied were black silk jackets and ladies' cloth jackets—Wilmius said the destination of the goods was the Dutch market.
Cross-examined by MR. STRAIGHT. I have got a list of moneys paid to our firm—on April 2nd, 20l.; April 22nd, 20l.; May 14th, 30l.; June 6th, 14l.; June 11th, 25l.; total 109l.—that left a balance of 84l. 11s. 3d.
PETER FRAY . I am a wholesale watch manufacturer in Hatton Garden—I know Wilmius—on 18th June last he bought clocks to the amount of 45l. 9s.—he gave me a bill at three months—he did not tell me where they were going to—on 13th August he bought gold watches to the amount of 50l. 4s.—he gave me a bill at two months for that—neither of the bills have been paid—he owes me altogether 97l. 13s. 6d.—I am also agent for Tappee Frere & Co., Paris—he ordered goods of them through me to the amount of 22l. 5s.; I don't recollect the date—he gave me a bill at three months—that has not been paid—he gave me references to Mr. Myers, Mr. Grant, and some others—I knew him under the name of Wilmius & Cramer—Wilmius accepted one bill and Mr. Cramer one also.
Cross-examined by MR. STRAIGHT. Very probably Tappee's goods were ordered on 27th July—the order was for 50l., but he only had 22l. worth.
CHARLES CAUMILH THOMIRAT . I am a commission agent at 43, Aldersgate Street—I know both the prisoners—Wilmius came to me first, on 29th July last year, and bought on that day four pieces of silk to the amount of 39l. 11s. 9d., and on 31st July goods to the amount of 72l. 2s. 10d.; on 1st August forty pieces of French poplins, 112l. 15s. 5d.; on 2nd August a piece of embroidered twill, 4l.; and on the 8th, a piece of poplin, 79l. 11s. 10d.; total 308l. 1s. 10d.—I have been paid 74l. off that account—when Wilmius ordered the goods he said they were for Amsterdam and Rotterdam—the German who introduced him to me said that Wilmius was one partner of the firm, and his partner was in Amsterdam—I knew him as Cramer &Co., and addressed him as Cramer & Co.—I saw Cramer—he came with Wilmius and took some goods away from my place in a cart.
Cross-examined by MR. STRAIGHT. I received 70l. cash on the 1st August, and it was on that day the forty pieces of French poplins were ordered, value 112l. 15s. 5d.—the embroidered twill, which was 4l., was sold for cash.
Cross-examined by MR. ATKINSON. Cramer never gave me any orders at all.
JOSEPH DAVIS . I am a shipping merchant, at 26, Leadenhall Street—I know the prisoners—I have known Wilmius about three years—Cramer I have known since they commenced business in Finsbury Circus, about eighteen months since—I knew Wilmius when he carried on business in Fenchurch Street Buildings as H. C. Wilmius—I don't know, when he commenced there—I think he carried on business there up to about
1870—I know that he was bankrupt there—after that they commenced business at Finsbury Circus as "Cramer &Co."—I think I commenced dealing with them in January, 1872, making them advances on goods to ship to Australia—I can't tell the amount of the first transaction—it was on 31st January, 1872—I did not receive invoices with all the goods—I received an invoice with the goods on 31st January—I think that was for 75l.—I have not got my books here, they have already been examined at the Mansion House. (The witness was directed to fetch them.)
JAMES CORBETT . I am an upholsterer and carpet warehouseman at Deptford Bridge—I know both the prisoners at my place of business and also at Wilmius's house, Grammont Place, Peckham—that was chiefly in 1869—the two prisoners lived there—it seemed to be a private house; there was no business carried on—I knew Cramer by the name of Smith—he was the friend of Wilmius, apparently connected with him in business—I knew Wilmius by the name of Charles Wilmers—we had business transactions—the balance still owing to me is nearly 1,000l.
Cross-examined by MR. STRAIGHT. During my business connections with them I have received as much as 600l. in different payments.
Cross-examined by MR. ATKINSON. I have heard Wilmius called Cramer Since I have been in Court—I did not know Cramer—I say I knew Smith—I have never seen Cramer's brother at Peckham—I only saw these two men, and I know of no others—I contracted the debt with Wilmius but they both came about the things—Wilmius is my debtor, and the other man came continually with him, and I saw them at the house, and they seemed to act together—the debt is for carpets, floor cloths, and other goods for the Dutch market, as they said—I never saw Cramer's brother, and never heard the name of Cramer till lately.
WALTER BURTON . I am an auctioneer, carrying on business at Ludgate Hill—I know the two defendants—I have known Wilmius about three or four years—I did not know him when he was carrying on business in Fenchurch Street—I really forget where their place of business was—I knew them in Finsbury Circus—both of them sent goods to my place—the first transaction was on 27th June by Cramer—I advance money before the goods are sold—on 27th June I advanced 25l. on five pieces of black cloth—they were left with me to be sold by auction—I subsequently sold them, and they realised 39l. 2s. 9d.—I did not pay that sum to the defendants, because two pieces were bought in by Cramer—those two pieces were subsequently sold, and the balance of the 39l. was paid over to Cramer; the ledger is signed by him—he spelt his name "Kremer"—one of his cheques was subsequently signed "Cramer"—on 10th August I advanced 20l. to Wilmius on umbrellas, sunshades, shirts, and stays—they were sold on 15th August by auction, and realised 34l., and I paid Wilmius the difference, 11l. 16s. 6d.—I did not know at that time that he was a partner of Cramer, or had anything to do with Cramer & Co.—they came as two separate persons—the next advance was on 10th August of 27l. to Wilmius on mohairs, coburgs, and prints—they realised 39l. 15s. 5d. after deducting our commission—I paid the difference, 12l., to the trustee of the estate.
Cross-examined by MR. STRAIGHT. On the occasion of the sale of 27th June Cramer bought two pieces in at 2s. 10d. and 2s. 9d.—that was to prevent them going at a sacrifice—the others sold at a very fair price indeed—the two pieces which he bought in were sold on 18th July for 16l. 5s. 11d.
—I had to hand him a balance of something like 9l. 10s.—on 15th August Wilmius purchased goods of me to the amount of 50l. 15s. 5d.—they were being sold at my premises—he paid cash for them—they were merinoes I think, and linen draper's material.
Re-examined. The lots bought in by Cramer were sold afterwards at the same price—if they had been my goods I should have done the same, to raise the price, to start them favourably—they got a very good price, I think, sold by auction. (The examinations of the defendants at the Bankruptcy Court were here put in and read.)
JOSEPH DAVIS (re-examined). I have now got my books—the first transaction was 31st January, for two oases of furs, the invoice price being 75l. 7s. 4d.—I advanced 53l.—we deduct packing charges and insurance and dock charges—I paid this cheque for 43l.—I advanced 43l. nett—I take what is called a note of hypothecation—this is the form of it: "Mr. J. Davis, 26, Leadenhall Street. Sir,—Herewith we hand you as a collateral security, the goods named, against which we have received an advance; the goods to be shipped on board, consigned for sale on arrival, without reserve, either privately or by public auction (by my agents in Sidney) from the nett proceeds of the sale the amount of the advance to be deducted, with freight and all agents' charges and expenses, exclusive of the usual commission upon the gross proceeds of the sale; and in the event of the said goods not realising the full amount of the advance, with all charges aforesaid, we hereby agree to pay you the amount of such deficiency, under-taking to receive your verified sales as sufficient evidence of the above consignment, and should there be a surplus, you are authorised to hold and apply the same to make good any deficiency on any other shipment you hold"—We hold the surplus as a general balance until all the con-signments are finished—they are shipped by me on account of Cramer & Co.—they go out in our name—we take possession of the goods for security's sake, or else we should have no security—on 16th February I received another case of furs, and advanced 28l. nett, the invoice price being 59l. 13s.—the hypothecation note for that was given up to the clerk at the Mansion House, and has not been returned—that is a copy of it—it is Cramer's writing—on 14th March I received 500 pieces of cotton wadding—the invoice price is 95l. odd; I advanced 50l.—the signature to that is in Wilmius' handwriting—on 9th April, thirty-two cloth jackets and eight fur jackets; invoice price, 117l. odd; nett advance, 62l.; the hypothecation note signed by Cramer—on 2nd May, nine dozen silk jackets; invoice price, 62l. 16s.; advance, 31l.; hypothecation note signed "Wilmius"—on 10th. May, two cases, containing ten dozen umbrellas, forty-eight dozen hand-kerchiefs, and other things; invoice price, 209l.; nett advance, 138l. 18s.—the invoice for 209l. was made out to Cramer & Co.—I occasionally saw the original invoices, not always—I did not inquire whether the goods were paid for; it is not usual—on 15th May I received ten pieces of flannels, fifty-nine jackets, ten dozen yards of black silk; invoice price, 202l.; nett advance, 106l.; the hypothecation for that is also at the Mansion House, in the hands of the clerk—on 17th, 27th, and 31st May, and every two or three or four days, I received goods from them, until the 19th August—that is the last day—the total goods received, according to the invoice
price, amounted to 5108l. 16s. 5d.—between 31st January and 19th August, the nett advances upon those goods were 2581l. 17s. 3d.—the goods were shirts, umbrellas, handkerchiefs, cloth jackets, mantles, sunshades, linens, flannels, &c.—we are general merchants, and we advance upon any descrip-tion of goods—they have all been shipped to Australia and Valparaiso—I did net send any to Holland—I have not rendered any account sales up to the present, but I expect they will be all ready within a month or two; they will all come in due course, perhaps next mail—in no instance have I not rendered account sales—there has not been time yet in this case—I have seen both the defendants, and I have heard that Wilmius was the manager of Cramer, from whom he received 5l. a week.
Cross-examined by MR. ATKINSON. My business has been carried on now nearly forty years; twenty odd years by my father before me—we do 100,000l. a year in shipping to Australia, South America, and New Zealand—there is nothing unusual in the practice to get advances on goods in the way that has been done in this case—I have over fifty firms in the City, of the highest respectability, for whom I ship in the same way—I never heard of any business transaction where they did not render account sales—they have not been rendered in this case, because I have only got a small return of goods—I have not got 300l. out of the whole of the consignments—when goods go out the consignee exercises his discretion as to whether the market is in a proper condition for the purposes of sale—he would hold them till the proper season—whatever the return sales will be over and above what I have advanced the trustees will get, whatever it is; whatever balance there is will be given to the trustees.
Re-examined. I had dealt with Wilmius before, when he was in Fen-church Street, in the same way, before his bankruptcy—that was twelve months before he began as Cramer & Co.—I rendered account sales for the business done in Fenohurch Street to Coiner & Co., of Manchester, who were the trustees—goods are about four months going from here to Aus-tralia—the goods would get there about the beginning of the winter, but they ought to be there a month or two before the season comes on.
GEORGE THOMAS KEELEY . I am an accountant, of the firm of Cooper and Keeley, Cheapside, and am trustee of the estate of the bankrupt—I have received no assets at all myself; 12l. has been paid over by Mr. Burton—that is the only asset received—I have not heard of any except the account sales we have heard of—at the time I was appointed trustee there were no books at all—this book was given up in November—it is supposed to be a ledger; except this empty letter-book and pass-book there were no other books—there was no cash-book—the ledger contains the goods sup-plied to Cramer and Co., but it does not show where they went to—there are no entries of any transactions with Mr. Davis, nor Mr. Burton either—the letter-book commences at page 58, and all the letters are torn out; it is a letter-book without any letters—the account commenced in the pass-book on 9th April, 1871, with the payment in of 50l., the 30th April, 20l.; altogether 885l. passed through—that was all drawn out, with the exceptions of 5l.—I don't find any entries of the money which had been received from Davis—there are entries from time to time of sums paid to the creditors—I can trace Mr. Fray's clocks by Mr. Davis's book—they were 45l. 9s. 5d—they were sold to Mr. Davis at 32l. 8s.; bought on 18th June and pledged on the 31st—on 20th May there is an entry of Mrs. Ellis' mantles, 45l. 10s.; they went to Davis for about 33l. on the 27th—on 4th June,
Mrs. Ellis' goods, 56l. 12s.; they went to Mr. Davis on the same day, and sold for a smaller amount—I find that the goods mentioned by the gentle-men called to-day, Mr. Grant and many others, went in the hands of Mr. Davis almost immediately after the transaction at less than the price given.
Cross-examined by MR. STRAIGHT. I have ascertained that from January down to August the sum of 2, 513l. 4l. 4d., has been paid to creditors—the hypothecation notes were not among the papers found; Mr. Davis pro-duced them, I believe—I think the hypothecation notes were received from Mr. Brighton—I went to Davis because his proof was for 3,000l. against. Cramer's estate—I wrote to Mr. Davis and told him I wished to make an investigation of his books, and he allowed me to do so—he produced the hypothecation notes—I mean to say that Davis claimed 3,000l.; Cramer produced a statement to that effect through Mr. Brighton—I did not see the hypothecation notes at Davis's, Mr. Brighton, the solicitor, produced them—he was acting on behalf of the bankrupt—that was in November.
Re-examined. After Mr. Davis made the claim, he was summoned to the Bankruptcy Court and examined there, and then I asked to see his books and papers, and he allowed me to.
GUILTY .— Twelve Months' Imprisonment each.
NEW COURT, Thursday, February 6th, 1873.
MR. A. B. KELLY conducted the Prosecution.
JAMES WOODS . I am a tailor, of Custom House Terrace, Victoria Docks—I know the prisoner—he came to me on 6th January, and said that he came from Welch, the steward of the Ferdinand de Lascels, and asked me to cash this advance note for 7l. 7s.—I did so, and gave him 4l. 2s. in money and the remainder in clothes, and charged 6s. for cashing the note—it is payable at 63, Fenchurch Street—I went there, but have not got the money.
Prisoner. Q. Did not I ask you if you did any business for Mr. Welch or not? A. Yes, and I replied that I did—you told me you had been second mate of the steamer which he was steward of—the clothes were for yourself.
Prisoner. I got the order from a man named Watson, a sailor, who I have met in Calcutta and Bombay. (The order was for 7l. 7s., being a month's advance wages, payable to the order of J. Williams three days after the sailing of the ship Amaranth, provided he sailed in her.)
JOHN OLIVER . I am clerk to Gilmore & Co., of 63, Fenchuroh Street—this order was presented to me—it is not genuine—it is dated 6th January, 1873, and we sold the Amaranth five or six years ago, therefore, I cannot tell who sailed on board of her—the prisoner was in one of our ships two years ago as second officer—I know him as John M. Williams—blank forms like this are sold—I never heard anything against the prisoner's character.
Prisoner's Defence. Watson asked me to get the note cashed for him. He said "Don't you give more than 15 per cent, and I want an overcoat." I never had anything to do with the ship; the captain's name was Williams. I have nine years' good character (handing in his certificates)
CHARPER (re-examined). I do not know what the captain's wages would be, but £7 7s. represents the wages of the chief mate.
NOT GUILTY .
Mr. A. B. KELLY conducted the Prosecution.
WILLIAM BASS . I keep the Monmouth Head, Leicester Square—on 1st January the prisoner brought me this note, and asked me to cash it for him—seeing that it was not payable for three days, I said, "This is not payable yet; what guarantee have I that the man will sail I"—he said that Wilson was on board then, and I need not wait the three days; that he had cashed the note for Wilson, and wanted the money—he said he had received 12 1/2 per cent, for cashing it, and would I allow him the same—I cashed it; he spent a little money in the house, and I gave him a cheque for 4l. 10s.—I went to Mr. Gilmore, in Fenchurch Street, and the note was dishonoured—I asked the prisoner to whom the cheque was to be made payable; he said "Make it payable to me, my name is Williams"—there is no truth in the allegation that a waiter of Mr. Lyons's came and said that he would be re-sponsible—a waiter came and said that he had no doubt it was all right, and if his mistress had the money she would have cashed it for him, but there was no guarantee—I knew the waiter.
Prisoner. Q. Have you ever seen me before? A. Yet, about the West End, and I saw you that very morning in the very house you speak of, Mr. Lyons'—it is a refreshment house and cigar shop in Pan ton Street—I do not know that it is frequented by prostitutes—the waiter did not belong to Mr. Lyons—I went there for some money which you owed me, and you were sitting in the parlour—there were not four prostitutes there—two women were there, but whether they were prostitutes I do not know—I merely went in for an account, and Mrs. Lyons said she would send it to me—I was not there two minutes.
CONWAY HARPER . Iproduce the articles of the ship Amaranth—there was no such name as Wilson on board the ship. (Note read: "Three days after the ship Amaranth leaves, pay to the order of William Wilson, provided he sails in the ship, 5l. 5s.—William James, Master.)
Prisoner's Defence. I never had to conceal my name, because what I was doing was perfectly right. I met this man on 31st December by Charing Cross. He said "I am in a difficulty; will you cash these notes for me?" I said "I cannot" He said "If you will give me 3l. 10s. for one that will be enough, and try and get it cashed to-morrow," and I did so.
CONWAY HARPER (re-examined). The section in the Merchant Shipping Act that seamen's notes shall only be payable to a wife or child or father or mother only applies to allotment notes, not to advance notes.
GUILTY .— Twelve Months' Imprisonment.
There was another indictment against the Prisoner.
He received a good character.— Eight Months' Imprisonment.
MR. SERJEANT BALLANTINE with Mr. M. WILLIAMS conducted the Prosecution; and Mr. WILLIS with Mr. HORACE BROWN the Defence.
JAMES MADEN HOLT . I live at 42, Gordon Square—On 14th May I went to the prisoner's shop in St. Martin's Lane and purchased twelve flower-glasses price 3l„ and twelve custard cups 3s.—I paid for them by a cheque, but whether at the time, or subsequently, I cannot say—this (produced) is my cheque—it was subsequently returned to me through my bankers—(Read; "Pay Dobson &Co. £3 12s.)—this is the receipt—(Read: "60, St. Martin's Lane, May 15th—Bought of Dobson and Co. twelve flower-glasses 3l., twelve custard cups 3s. Received same date, W. S. Dobson")—I was sub-sequently applied to, and gave Mr. Dobson, the cheque and receipt—this "James Holt" in the delivery-book is not my writing.
Cross-examined by MR. WILLIS. I do not think there was any doubt as to whether I would keep the two flower-glasses—I do not remember some little uncertainty as to the shape of the flower-glasses I should like—I was examined before the Magistrate, and what I said was that there was more uncertainty about the flower-glasses than about the custard-glasses—I think I made up my mind about the flower-glasses before they were brought to my house—I have no recollection of anything else.
COURT. You said before the Magistrate, "There was some uncertainty with us about the shape of the flower-glasses we should have. "Witness. What I meant was, in the shop, not after we left the shop; I meant before the purchase was made.
MR. WILLIS. Q. Was not there uncertainty after you left the shop. A. I do not remember; it is so small a matter.
WILLIAM SPENCER JOHNSON . I am a printer, of St. Martin's Lane—I have been in that establishment a great number of years—I became ac-quainted with the prisoner in the latter part of 1870—I do not know his family—in March, 1871, he made a communication to me about the state of his finances, and he brought an agreement from a house in New York, Tiffany's—he suggested that he had no friend, and asked me to take this matter up for him, finding the money, and giving him a salary of 8l. per week, and he would take the trouble off my hands, as I did not understand the nature of glass, and it was ultimately arranged that I was to advance him a sum to carry out the management—I said, "What sum?" he said, "1, 500l. or 1, 600l."—I agreed to do that—that was Tiffany's contract; there was no written agreement—he was to go into the business as my manager at a salary of 8l. per week, which was regularly paid to him—he had no authority whatever to endorse cheques for me; he was to attend to the glass business entirely, and had nothing to do with the financial part—it was his duty to account immediately he received money—supposing he received a cheque for 3l. 12s., he would have paid it to the cashier; he had no right whatever to use it himself—he had no right to make this endorse-ment—this "Jas. Holt" in the delivery-book is in his writing—as far as I know, nothing more than 12s. has been accounted for.
Cross-examined by Mr. WILLIS. I have told you all the arrangements between me and the prisoner—I came to know him in the latter end of 1870—he had been in business in St. James's Street prior to that—I was a creditor of his under the estate, and was acquainted with the affairs of the liquidation—I know nothing about the business having been carried on by
his father—the house in St. James's Street was one of good repute and standing—I believe I stated that I thought he had not been fairly dealt with, believing his representations to be true—I believe I stated that I would start him again in business—he did not consult me as to where he should find premises—I was carrying on the business of a printer in St. Martin's Lane, and I gave the prisoner room to carry on the glass business there—I did not offer to let my own premises to him, nor did he take them of me as my tenant in March, 1871—he did not ask me to lend him money to carry on the business at 61, St. Martin's Lane—I did not lend him 1, 500l. in a lump, but in various advances—that 1, 500l. was not partly owing for carrying on the business in St. Martin's Lane—I began to advance money for the business in St. Martin's Lane about Christmas, 1871—I began to pay him 8l. a week, I think, in March, 1871—the business in St. Martin's Lane started at Christmas, 1871, not before—I did not arrange with him to carry on the business at St. Martin's Lane at an interest of 5l. per cent.—I did not arrange with him that his drawings should be 6l. per week—I never heard of such a thing—he was to take a weekly salary—I think it was in May, 1872, that I first discovered that certain sums he had received had not found their way to the business—he engaged all the servants, with my approval—the business was "W. S. Dobson & Co."—Mr. Heritage was not my attorney then; he first became my attorney about June or July, 1872—I did not come to a fresh arrangement with the prisoner after I learned of what I call the defalcations; it was precisely the same as before; we only had one arrangement—I got this paper (produced) signed by Dobson in July—I had not seen Mr. Heritage before I got it signed—I told you I saw Mr. Heritage in June; this is dated 5th July; I don't think I saw Mr. Heritage before that—I saw him every day—I met him occasionally at a chop-house, but I had not spoken to him about preparing a deed till after that—to the best of my recollection, it was afterwards—I cannot say whether I instructed him before or after I got this document—after I found that Dobson had taken money which had not found its way into the business, I did not tell him that I must now have security for the money I had advanced—I did not know the particulars of the defalcations before the prisoner wrote them down—the bookkeeper told me that there were defalcations, and then I spoke to the prisoner, and he made a confession—before this was signed I had made a rough draft of it all—this is my composition—he was not so much distressed as I was when I spoke to him about the defalcations—he felt his position—I did not then sit down to compose the rough draft; there was not a night between the rough draft and its signing by the prisonerthere was an interval of twelve hours; but when he made his confession I went home very ill, and in the morning I said "You had better make a clean breast of it what you have taken, and write me a note"—he said "I can't do it, governor; will you do it I" and I wrote what I thought was a proper letter for one man to write to another, and gave it to my clerk to make a fair copy—I went out, and when I came in he signed it, and said "Governor, you have given it to me warm"—I possibly did not mention before the Magistrate about his asking me to do it; but that is the fact—I did not prepare the rough draft without the slightest communication with him, he asked me to do it himself, it was his wish—this (produced) is a fair copy by the clerk of the document prepared, and he signed it—(Read: "July 5, 1872—I, W. S. Dobson, do most solemnly confess that Mr. Johnson has
befriended me, and become my benefactor in allowing me a salary of 6l. per week for the use of my services and name of W. S. Dobson & Co., to carry on the business of a glass manufacturer, &c., which I hereby acknowledge; and I furthermore avow that I did him a wrong and injustice in receiving and appropriating to my own use the different sums of moneys belonging to him without accounting for the same, which I had a right to do (a list of which is annexed), and upon my repentance and assurance that it should never occur again, Mr. Johnson kindly forgave me, upon this distinct understanding, that I would exert my best endeavours to promote his interest in carrying on the business at a salary of 67. per week, and that all moneys received by me should be faithfully handed over to him or his agent, and fully accounted for on the day it was received. W. S. Dobson. "List annexed: "Captain Thomas 7l., Solomon 1l., Christoffe 25l., Major Green 6l., Newman 6l., Mortlock 13l."—If this 3l. had been put into that list I should say that it would have made no difference to me—I intended that there should be a complete confession and a complete absolution.
Cross-examined by Mr. WILLIS. I am a foreigner, and Lieut Soneski said to me "Governor, this ought to be stamped"—I said "Nonsense; but in a moment he rushed out and came back in half-an-hour and said "I have got it stamped"—you did not ask me at the Police Court whether the attorney did not get it stamped for me—you asked me whether a lawyer drew it up, and I said "No"—I have not been asked who got it stamped for me till now—Mr. Heritage never had it in his possession, but he has seen it—the deed went on rapidly for execution after July 5th, on account of the defalcations—you have only got those defalcations which I condoned—this deed was prepared under my instructions by Mr. Heritage, but there was no attorney for Mr. Dobson—he knew the contents before it was produced to him; he read the rough draft, I should say—on 2nd August the deed was executed between me and Dobson—that was certainly not on account of my pressing him for security for the money I had lent him; I had hot thought of security—I am not acquainted with the law so as to know that it could only be embezzlement unless he was my servant—I do not know that it would be no use unless the relationship of master and servant was between us—this is the deed. (This was partially read, and after stating that the whole property, premises, and business were Dobson's, it surrendered them all to William Spencer Johnson.)
THE COURT considered that as the deed was obtained from the prisoner under certain circumstances, the Jury ought not to listen to it.
NOT GUILTY .
There were two other indictments against the prisoner, one for forgery, and one for embezzlement, upon which MR. SERJEANT BALLANTINE offered no evidence.
NOT GUILTY .
MR. SERJEANT BALLANTINE, with MR. STRAIGHT, and MR. HORACE BROWN, conducted the Prosecution; and MR. BESLEY the Defence.
JOHN CHRISTOPHER PAUL . I am one of the firm of Paul & Trevor, of New Inn—in consequence of a communication from Colonel Ives I went to Praed Street, Paddington, to the publishing office of the "Paddington Times" and bought two copies of that paper, one of 21st December and the other of 16th December.
Cross-examined. I first saw the paper of 21st December, I think, a day
or two prior to my purchasing it on the 23rd—I went to the Police Court on the Tuesday or Wednesday—I did not see the prisoner between the Monday and the time of my going to the Police Court—it is not the fact that in opening the case almost the first sentence of my counsel, Mr. Straight, was that no apology would be accepted—those were not my instruc-tions to him—it was at the close of the case that I instructed him to that effect—I think I can say positively that Mr. Straight did not say that it was a case in which no apology would be accepted—Colonel Ives heard him open the case—I never saw the prisoner before I saw him in the Police Court, nor had I communicated with him—it was not in consequence of Mr. Lewis's manner of cross-examining that I instructed Mr. Straight that no apology would be accepted, but after the close of the case I followed the instructions of my client—nothing was said about two years ago except that it was stated that some attack had been made upon Colonel Wood—I can scarcely form an opinion whether the words in the letter "as you very properly state ought never to have been said "refer to the article in the paper of 16th December; I have some doubt, because the paper of the 16th contains the speech, and the letter of the 21st is complimentary to the editor for not publishing the speech—I know that the letter refers to the article of 14th December—it was read by me on the application for the summons.
Re-examined. There was a long cross-examination of Colonel Ives by Mr. Louis Lewis, and it was at the end of that cross-examination that I received instructions from my client that he would accept no apology.
GORDON MAYNARD IVBS . I live at 41, Hereford Street, May Fair, and have been colonel of the 36th Middlesex Rifles between three and four years—their head-quarters are at Paddington—before that I was an officer in the Coldstream Guards, and served in the Crimea in 1864 and 1865—I have the medals of those campaigns—I am a member of several clubs, including the Guards and the Army and Navy—I never knew the prisoner till I had an interview with him to remonstrate with him about another letter in 1869—I then saw him as the editor of the newspaper, and the letter of which I complained was in relation to an order which I had issued—I think Mr. Paul, has a copy of that letter, and also of another one—I complained to the prisoner of that letter, and he assured me of his regret that it had been published, and that it should never happen again, and upon that I became a subscriber to the paper—he also gave me the name of Mr. Hope as the person who had written it—on the occasion of distributing the colours the place was crammed, and a great many ladies and gentlemen were present; there were several wives and daughters of gentlemen in the regiment—I made a speech in which there was not a single word or thought of indecency, or a word that I would not speak now before ladies or before anybody—not a single complaint was made of it by ladies or gentlemen—the letter was mentioned to me before I saw it, and then I read it, and considered the matter with Colonel Burnaby, and determined to take proceedings—an inquiry took place at the Police Court, and I was examined and cross-examined at great length—among other things I was asked whether I was drunk—at the end of the cross-examination on the second meeting Mr. Louis Lewis made a statement in the prisoner's presence, who I saw speaking to his attorney, and at the end of the case the attorney said "Will an apology be accepted?" and after questions had been put, such as "Were you drunk?" &c., I said that I could not accept
an apology—no apology was ever offered me before the intuiting crossexamination, as far as I know—I have no recollection of Mr. L. Lewis Baying anything after that—I think he shrugged his shoulders—at the end of the second examination Mr. L. Lewis said that he should bring forward the reporters of a daily leading journal and some members of the regiment to justify on the next occasion—no witnesses were called on the next occasion.
Cross-examined. I was very angry with my cross-examination—I did not lose my temper with Mr. Lewis in the least, but I thought he did not understand me, and I contradicted him—I was asked if I referred to shop boys who ought to be drilled as animals, and if I used the words "little animals"—I admitted that I did, but I did not say that I meant him as well—I said just the contrary, but he had asked if I was drunk—he asked me if I had dined, and I believe he asked me directly whether I was drunk—one of my first answers was "I have not a perfectly dear recollection of what I said, "but I also said that I had a sufficiently clear one—I am certain that Mr. L. Lewis put the question to me "Were you not drunk?"—it was more than asking me if I had dined—his general tone injured me—my recollection was better on the second occasion than the first—I did not take the pains to write my speech—I am not a great speaker—this was at 10 o'clock in the evening—a great many volunteers were there for the distribution of the prizes; they had been there since 8 o'clock—Colonel Wood had spoken and given away the prizes before I spoke—there were cheers, but no violent cheering—I have said that the reporters must have heard indistinctly—I was speaking I should say about a quarter of an hour—what I saw in the prisoner's' paper was very offensive—the leading article was most offensive and untrue—the report of my speech on 14th December was neither agreeable nor disagreeable to me—I spoke more of the army than the volunteers—I spoke of a volunteer life improving their figures and their limbs—the little animals were simply indicated in a French phrase, which refers to little rich idle men who are to be found in the streets of Paris, who are of no service, but spend their time in complete idleness—I did not expect the audience to know about petit creve—there are forty witnesses here who will say what I did say—when I was painting the picture I did not recommend the former to the consideration of the ladies—I never addressed the ladies till the last three or four words of my speech—I did not recommend to the ladies the manly and vigorous form of the volunteers—I possibly might have recommended the ladies to have a great regard to the military element, but I don't think I did—I presume there is no report of my speech longer than the one the prisoner published—the "Volunteer Service Gazette" gives a report—the "little animal" did cause some laughter—I spoke against the effeminacy of the age, and said that I knew some women who were one hundred times more manly than those little animals, and so I do—I do not know that there is anything wrong in that—I did not refer to Her Gracious Majesty—it is very difficult to know what causes laughter on such an occasion—when you speak to friends they are very apt to receive what you say with kindness—my expressions could only be misunderstood by a foul-minded man—I have never known instances where words used by me have been misunderstood by my hearers; never in the society of honourable men—I did not, speaking of the volunteers, say "Look at their everything," or "Look at their feet and legs;" I may have said "Look at their general appearance after drill"—on my first examination I did admit that I had
suggested the propriety of young ladies marrying volunteers, and after-wards I corrected that, and said that I wished ladies to marry men of manly character, but I never alluded to any visible part of man—my impression is that the paper was handed to me the very day I went to see Mr. Paul—I wrote no letter to the prisoner—I subscribed to his paper as a token of my forgiveness—the adjutant will tell you when I ceased to subscribe, because I sent to the office—Colonel Wood is very much my senior in years—I spoke with less energy than he did, I should say—he is a very energetic man.
Re-examined. I consulted a good many members of the regiment, and there was no other course—I had appeared as a drunkard in the "Times, "and I thought I should put a stop to that.
CAPTAIN CLARK. I am adjutant of this regiment—I was formerly in Her Majesty's 108th Regiment, in which I served nearly twenty-one years—I heard the colonel's speech, and paid great attention to it—I have a general memory of it—there was nothing in it but what I should say myself—my wife was present; she is here, and quite willing to give evidence.
Cross-examined. I do not know that it was a very jolly meeting, but it was a very kindly one, and we were all in good spirits—I did not take notes—I did not know there would be any libel—I heard the laughter; I have often heard more—the first point which caused laughter was Colonel Ives saying "If you notice a man drilled he looks a man and he looks a soldier, and it is to the credit of the country that he should look so"—he said "Look at the man, look at his head, look at his shoulders, look at him all over, he is everything a man would wish to be"—he did not tell the ladies to look at him too or recommend them to marry him—I do not recollect his saying "little animals," but he said "lumps of men"—he said he should recom-mend the young ladies to marry men of manly character, and I believe the ladies do love men of manly character, for I have got a very good one; I am sure you will be very glad to see her.
Re-examined. I went out as a private soldier and rose from the ranks—I have been thirty-six years in the service—there is no word in the British language which could express Colonel Ives' speech as an indecent one, and I consider this is the most blackguard attack I ever met with.
ABIGAIL MART CLARK . I was present at this meeting—a great number of other ladies were present—I was near enough to hear the whole of Colonel Ives' speech—there was not one word which shocked my feelings as a lady from the beginning to the end of it.
Cross-examined. I only heard laughter twice—I remember several things that were said—it was a practical speech.
EDWIN CHARLES MORRIS . I am one of the chief cashiers of the London and County Bank, Knightsbridge—I have been eighteen months a captain in the Middlesex Rifles, and was previously lieutenant and ensign—I have gone up all the steps—I have known the colonel well all the time he has been in the regiment, both in private and public—I heard this speech, and my wife was present—there was not a single word in it calculated to shock her feelings, or those of any lady.
Cross-examined. I have not been examined before—I took no notes—I have never written out an account of the speech—I recollect the laughter—it was not an entirely solemn meeting.
MR. WIGRAM. I am chairman of the East and West India Docks, and colonel of volunteers, the 36th Middlesex—I attended this meeting—
there were a good many ladies there—there was not a word in Colonel Ives' speech which I should object to any lady listening to—if anything indecent had been conveyed in the speech it is not likely that I should not have noticed it, and if so I should not have asked Colonel Ives to come home and stop with me, and Mr. Wigram afterwards, which he did.
Cross-examined. I have not been examined before—I have not written out my recollection of the speech.
ADDELEY DILLON . I am a captain of the 36th Middlesex, and have served in the regular army—I knew Colonel Ives before I joined the regi-ment—I heard his speech, my wife and my brother's wife were with me—there was not a word in his speech which it was improper for them to listen to; no sentence was uttered from the beginning to the end which could convey to a mind which was not prepared for it anything like indecency.
Cross-examined. I do not know whether there were reporters there—I did not see a table and persons taking notes—I never read the "Paddington Times"—there was not more laughter than there has been here to-day—Colonel Wood is very fond of making jokes.
Cross-examined. I have a general recollection of it—I saw the prisoner there, and another gentleman—I heard laughter.
Cross-examined. I was in the seats in front, close to Colonel Ives.
HICKERMAN. I am a hosier and outfitter, of Westbourne Grove, and a captain in this regiment—I was present with my wife—I did not hear all of Colonel Ives' speech, but my wife did—she is not here.
Cross-examined. I was engaged in conversation with other officers, and did not hear the whole—the reporters' table was on one of the wings of the stage—they would be likely to hear very indistinctly.
ALBERT WITHAM . I am surgeon to the regiment—I was present at the distribution—I took my wife and two young ladies—nothing passed from Colonel Ives' lips which it could be displeasing for them to hear—I paid particular attention to his speech because he was speaking about drilling, and having seen the advantage of it as a medical man, I noticed what he said.
Cross-examined. It entirely accorded with my ideas.
THOMAS EARL BROWN . I am a clerk in the employ of the Great Western Railway Company—I produce an agreement for the hiring of a small office on Bishop's Road Bridge—I know the prisoner; he is described in this agreement as a newspaper agent, of 61, Chippenham Road, Paddington—I know his signature; this is it—that is the place where the "Paddington Times" is sold, but I cannot say if it is the registered office.
Cross-examined. Chippenham Road is about a mile from the office—the prisoner occupies the office—it is shut up at night—it is not a printing-office, only an agent's office for the sale of newspapers and taking in of advertisements.
MR. BESLEY to J. C. PAUL. Q. Did you go to this same office to get the paper? A. No; I went to the printer's office in Praed Street, Mr. Hazzard's, because that is the address given in the paper—I have not got the letter complained of in 1869.
MR. BESLEY called.
CHARLES PARSONS . I am printer of the "Paddington Times"—the printing-office is at 15, Praed Street—I was there on Friday night, 20th December—I first saw the manuscript of this letter signed "Decency" about 8 o'clock on that evening—it came by a boy who generally brought, the copy from the publishing office—Mr. Ambler was not there at the time—the copy was set—it was not set by me, but I saw it set—I saw the-compositor actually put up the type—the boy's name is James Hazzard—he is not here—I do not think the prisoner was there at all before the publication of the paper—it was printed between 9 and 10 o'clock that night. (The letter was as follows: "To the Editor of the ‘Paddington Times. '—Sir,—I was glad to perceive that there was one paper that would not lower itself by inserting the after-prize-giving speech of Colonel Ives. It was in every way of a doubtful character; it was in unquestionably bad taste, and such as you very properly state ought never to have been said. Having once begun to slide downwards, he appeared to enjoy his improper remarks, and I can assure you that the opinion of the men was anything but gratifying. How a man like Colonel Ives should lower himself to pander to a prurient taste is extraordinary. He must be aware such a speech could not in any way exalt him with all right-minded people, and those volunteers who had their sisters or female relatives there could and did have but one opinion of what Colonel Ives said. It was a gross insult to them, and if the Colonel was flattered by the laughter of the men, he may rest assured that there would be but one idea of what was said during that evening by the Colonel of the Paddington Rifles, and that was of the most thorough disgust and contempt.—Your obedient servant, DECENCY. "
GUILTY .— Fined 5l. (The defendant filed affidavits between the verdict and the passing of the sentence, stating the name and address of the author of the libel.)
OLD COURT.—Friday, February 7th, 1873.
Before Mr. Deputy Recorder.
MESSRS STRAIGHT and JAMES GRAIN conducted the Prosecution; MR. BESLEY defended the Martindales, and MR. WARNER SLEIGH defended Mills.
THOMAS HOUGH . I am accountant to the Colonial and Continental Church Society, Serjeants' Inn—in May last a sum of 19l. 2s. was due to the Spanish Evangelical Mission—I ordered a cheque for it to be drawn—this (produced) is it—it was signed and forwarded to the Rev. L. S. Tugwell at 6, Duke Street—it was afterwards returned through the banker's paid and endorsed—it was drawn to the order of the Rev. L. S. Tugwell, not crossed but stamped—we did not receive any receipt for it.
Cross-examined by MR. SLEIGH. It was sent by post—I did not enclose it in an envelope—a letter was sent with it by our secretary, with an account—I saw the cheque after it was signed in committee—it was the custom up to that time to send our crossed cheques though the post—we have a secretary and three clerks.
Mission; I believe it was in two halves—I put it into an envelope and sent it by post, addressed to Rev. L. S. Tugwell, 6, Duke Street, Adelphi—I received an acknwledgment, of which this (produced, torn) is part.
Cross-examined by MR. SLEIGH. I did not take the number of the note—I think it was in two parts—I generally do send 5l. notes in two parts; if I did, I should not send the second half unless the first was acknowledged.
Cross-examined by MR. BESLEY. I very seldom post my own letters—sometimes they are posted by a servant, and sometimes the postman calls for them.
ALFRED SUTTON . I am a seed merchant at Reading—about 12th Novem-ber last I enclosed this cheque (produced) in a letter directed to the Rev. M. Burnet, Spanish Evangelical Mission, 6, Duke Street, Adelphi—it was passed through my bankers and paid—I received an acknowledgment of the cheque, signed "Rd. Burnet"—I was not quite satisfied with it, and wrote to the Rev. Mr. Ormiston, enclosing not that acknowledgment, but one signed "Jas. Or-miston"—I then received this second acknowledgment—I did not get back the one I had enclosed—this is the second (Read: "6, Duke Street, Adelphi. No-vember 7th, 1872. Sir, In answer to yours of Saturday, I beg to inform you that the cheque you forwarded in aid of the Mission in Spain was quite correct. Yours, J. Ormiston."—I afterwards compared the signature "Rd. Burnet, "to the first acknowledgment, with the "Rd. Burnet" on the back of the cheque when I got it back from my banker's, but only from my recollect-tion, as the acknowdgment had then been sent back—I immediately com-municated with Mr. Ormiston at his private address, and gave him certain information.
Cross-examined by Mr. SLEIGH. The cheque was uncrossed—I put it and a note into an adhesive envelope, wetted it, and put it into my box, which was cleared by the clerk four times a day—the cheque is dated 12th November—I can't tell on what day I received the first acknowledgment signed "Bur-net;" I have no doubt it was two days after—the one from Mr. Ormiston is dated 20th November—I got that by return, in answer to my letter.
Cross-examined by Mr. BESLEY. When I sent back the acknowledgment, I enclosed it and put it into the box, which would be collected as usual—the envelopes have been destroyed.
Rev. JAMES ORMISTON. I am vicar of St. David's Church, Holloway, and hold the temporary office of secretary to the Spanish Evangelical Mission—the Rev. L. S. Tugwell is the conductor of that Mission—the offices are at 6, Duke Street, Adelphi—they consist of two rooms on the second floor—they have a door with a letter-box in it—there is also a letter-box to the outer door of the house—there are other offices in the house—the prisoner, Sarah Martindale, was the housekeeper, and had charge of the house—I go to the offices several times a week—I have seen Louisa Martindale on two or three occasions—she has brought coals into the room—we have one clerk, Mr. Thorpe—I remember receiving a communication from Mr. Sutton—in consequence of that and other matters which came to my knowledge, on 23rd December I had this cheque for 5l. 5s. (produced) prepared, made payable to myself, "Rev. J. Ormiston, Spanish Mission, or bearer, at the Islington Branch of the London and County Bank, "where I have an account; signed, "Mary Shorthouse"—with that cheque a note was enclosed addressed to myself and asking for an acknowledgment, not to my own, but to another address—I enclosed the cheque and note in a black-bordered envelope, and kept it in my possession
until Monday the 23rd about 12 o'clock, when I went to the office—Mr. Thorpe was absent from the office, but in consequence of arrangements that I had made on the Saturday, I placed the letter in a drawer in the office, and gave some instructions to Mr. Thorpe—the letter was addressed "Rev. J. Ormiston, Secretary to the Spanish Evangelical Mission"—on the 24th I went again to the office; I found no such letter there—in consequence of that, I went to the Islington Branch of the London and County Bank, taking with me Detective Boyell—I made a communication to the bank authorities there—later in the day Boyell brought the prisoner Mills to my house with this cheque—these four letters (produced 1, 2, 3, and 4) were afterwards shown me by the detectives—this one was found open; it has the post-mark of Charing Cross—another has the post-mark of Preston, December 24, and London, December 25; that had not been opened—the third was not open, but I believed it had been opened and closed again; that bore the Peter-borough post-mark; the other one bears the post-mark of Chipping Sodbury—I believe that had also been opened and closed again—I cannot say from memory whether any of them contained money—they were all opened at Bow Street in the presence of the inspectors very carefully with a pen-knife, without disturbing the flap of the envelope—2s. 6d. in stamps was in the Preston letter—these two letters numbered 5 and 6 were also shown to me; one had been decidedly opened in my opinion, and the other had been torn sufficient to allow of an inspection of the contents.
Cross-examined by MR. SLEIGH. At the time I placed the letter in Mr. Thorpe's drawer, the drawer was locked—I placed it through a crevice at the top—I had not a key of the drawer—no one but Mr. Thorpe had a key of it to my knowledge—it was a drawer in his office table.
Cross-examined by MR. BESLEY. I entered upon the duties of the secre-tariat about the last day of October or 1st of November last—I have no knowledge of the female prisoners except during that time—one was acting as housekeeper, and the other as the niece living with her—I can't tell you how many rooms there are in the house—we occupy two rooms, both moderately furnished—our Mission is an advertised Mission—there is no committee—there is a treasurer, Mr. Bevan, the banker—I don't know that he comes there—he subscribes largely, and the account is kept at his bank—there are five referees, of whom Mr. Robert Baxter, of the firm of Baxter, Rose & Norton, is one, and Rev. Daniel Wilson, vicar of Islington, another—they may come there occasionally—the object is to disseminate Evan-gelical principles in Spain—we issue circulars and appeals, and receive funds—Spain is the scene of operations—6, Duke Street is our address for the society—the letter-box to the outer door has no lock to it, nor has ours—I was never there before 10 o'clock in the morning—I remained sometimes two or throe hours—on 23rd December I arrived there about 12 o'clock, Mr. Thorpe was not there then—by pre-arrangement I have on many occasions found the post-letters on the table in my room when Mr. Thorpe has been there—he never opens the letter—there are several other offices in the house—I presume the housekeeper would take the letters from the street door letter-box, and deliver them at the different offices.
Re-examined. She would either put them on my table or place them in our letter-box—the letter containing the five guinea cheque never passed through the post at all; it was put into the letter-box by Mr. Thorpe.
By Mr. SLEIGH. The Chipping Sodbury letter contained a post-office order for two guineas—the letter of 23rd December contained a post-office
order for 10s., and the Preston letter contained 2s. 6d. in postage stamps-in each case the enclosure was found within.
CHARLES THORPE . I am clerk to the Spanish Mission, at 6, Duke Street—I have charge of a drawer there, of which I have the key—on 21st December I received instructions from Mr. Ormiston, in consequence of which, on 23rd, I went to the office and found in my drawer a letter addressed to him as secretary, and marked "important," and underlined—at 10. 30 or 10. 45 that night I dropped that letter into the street door letter-box of 6, Duke Street—it was fastened in the usual way with an adhesive stamp—I went again to the office on the morning of the 24th—the letter was not there—I have not seen it since.
Cross-examined. I have been attending there since the 31st October—I never go to the street door letter-box to take out letters—the housekeeper does that, and distributes them to the persons in the house—there are four or five offices there.
Re-examined. I did not go to the office on Christmas Day—I went on the 26th, but could not get in—the door was closed, and no answer came to my knocks—I went on the 27th, and found this letter in the office letter-box.
REV. MR. ORMISTON re-examined. This letter bears the Lynn post-mark of 24th December, and contained a post-office order.
REV. LIWIN STREET TUGWELL . I reside at 47, Arundel Street, Barnsbury, and am the conductor of the Spanish Evangelical Mission—the endorse-ment to this cheque for 19l. 2s. is not my writing—I never received it or the money; it never passed through my hands—I never authorised any person to sign my name to it—there is no other L. S. Tugwell connected with the Mission—on the day the cheque bears date I was in Spain—this portion of an acknowledgment is not my writing, or written with my authority—I did not receive any money from Mr. Annesley at that time—I established this Mission immediately after the revolution in Spain, when religious liberty was granted, at the end of 1868—I went to Spain as English chaplain, and was there at the time of the revolution—the offices have only been at Duke Street since the beginning of 1872.
Cross-examined by MR. BESLEY. I have frequently been to the offices—I don't know the number of offices there are there—I have heard that Susan Martindale has been there twenty-two years.
FREDERICK WILLIAMS . I am cashier at the Islington Branch of the London and County Bank—Mr. Ormiston has an account there—on 24th December he came and made a communication to me—about 12. 45 that day the prisoner Mills came to the bank and presented this cheque, signed "Mary Shorthouse"—I asked him how he would take it—he said, "In gold and silver"—I said, "Very good; write your name on the back"—he said, "Yes, and the address also"—I said, "If you please"—he then wrote on the back, "R. Mills, 36, Acton Street, Gray's Inn Road"—the officer then came in, and took possession of the cheque and the prisoner.
Cross-examined by MR. SLEIGH. He offered the address; if he had not done so I should have asked him for it—he was a stranger—the cheque is made payable to bearer—I should have been compelled to pay it without endorse-ment if he had insisted upon it—it was in consequence of instructions that I asked him to endorse it.
my observation until 24th December—during that time I don't think I have seen Mills go there scarcely at all—I might have seen him once or twice only—I do not remember seeing him go there on the morning of the 24th—on that day, in consequence of instructions, I went to the Islington Branch of the London and County Bank—I saw Mills there, and asked him to account for the cheque for 5l. 5s. that he had submitted to the cashier—he asked me who I was—I said, "I am a detective officer from Bow Street"—after waiting a short time, he said, "I received it in the ordinary way of business"—I said, "What business?"—he then said, "I don't know where I got it from"—I said, "If you cannot account to me in a satisfactory manner how you became possessed of this cheque I shall take you to Bow Street Station"—he said nothing more—I took him to Mr. Ormiston to be sure about the cheque, and then went to the station—on the morning of the 27th I went with Hinds to 6, Duke Street, Adelphi, about 9.30—I directed my attention principally to the younger prisoner, Louisa Martindale—she came out of the kitchen and met me as I descended the stairs—I said, "Are you the niece of Mrs. Martindale?" or words to that effect—she said, "No, I am the grand-daughter"—she went into the kitchen—I fol-lowed her, and said, "Do you know anything about any letters missing from this house?"—she said, "No"—I informed her that Mr. Ormiston and Mr. Tugwell had made repeated complaints of letters being missed—she said, "I know nothing at all about them"—at that time she sidled away from me to the window-seat, which was about two yards; she then came towards me—I saw some papers in her hand, and I said, "What have you got there I"—she said, "It is only private"—I took them from her hand—they were the four letters that have been produced (1, 2, 3, and 4)—this one, bearing the Charing Cross post-mark of December 25th was opened; the Preston one of December 24th had not, apparently, been touched—I told her the other two had, I believed, been tampered with—she said she knew nothing at all about them—I have seen twenty or thirty letters addressed to Mr. Ormiston and Mr. Tugwell that have been opened; that called my attention to these two—they have the appearance of having been opened and then re-closed—I then went to the same place where I thought I saw her take these four letters from, and there I found these two others (5 and 6)—No. 5 was partly sticking, and quite wet—the adhesive portion of the other was torn as it is now—the post-marks of those are Weston-super-Mare, December 24th, and Windsor, I think—I also found two others belonging to other persons in the house—I drew her attention to the one that was damp—she said nothing—to every thing that was said to her she said she knew nothing at all—these two (5 and 6) I fouud in the place where I saw her put her hand—there was a heap of books about a foot in height near the window sill—the other two were for Mr. Condy and Mr. Antonio, two gentlemen in the house—I found those between the books and a tea-caddy—they were both opened, just as they are now, one at the adhesive part and the other at the side—I waited until the arrival of Mr. Tugwell and Mr. Ormiston, and then took the two prisoners into custody.
Cross-examined by MR. SLEIGH. I searched Mills—I found no letter on him, or anything implicating him with this charge except the cheque—in his coat pocket there was a portion of a letter containing a receipt for some photographs in the name of "Stevens"—I went to the photographer's, and there found out his real address—I went to his house and saw his wife—I
Found nothing there connecting him with this charge—a person named Alexander keeps a public-house nearly oppósite 6, Duke Street—I hare seen him here.
Cross-examined by MR. BESLEY. Mr. Ormiston did not arrive at Duke Street till nearly 12 o'clock on the 27th—I remained there all that time, and Hinds also; he never left his chair—I left my chair repeatedly to search for things, but never left the house—I was examined at the Police Court—Mr. Vaughan put questions to me—I can't say whether I mentioned about the letter being damp until Mr. Vaughan questioned me—I should say I must have done so—I believe what I said to Louisa was, "You are, I believe, the niece of the housekeeper?" and she replied, "No; I am the grand-daughter"—I feel positive she said "grand-daughter"—before the magistrate I said "Are you the daughter," and she said "No; I am the niece"—I am under the impression now that she said "grand-daughter "I know she said she was some relation—it is a thing I should not bother much about in a heavy case like this—it must be a mistake—I have made mistakes before to-day in names and dates—I have been suspended by the Commissioners, about two months ago, in reference to illegally going into a house after stolen property—Sir Thomas Henry marked the sheet for investtigation, and I was suspended for fourteen days—T have been in the habit of working with Hinds nearly five years, and have given evidence in most of the cases where he has given evidence—he has been with me in lots of cases, and so have other officers; one is dead and another has resigned—Hinds was also suspended in the same case—the sheet was marked by Sir Thomas Henry, and the prisoner discharged—it was a woman—that is the only time when any stipendiary magistrate has expressed his dissatisfaction with my evidence—I swear that—when I first saw Louisa Martindale I said I had come to make inquiries about some missing letters; she said she did not know anything at all about it—I won't swear she did not say, "I don't know what you mean"—I can't say that I said "Never mind what I mean"—I did not hear her say, "Thinly letters that are here are on the window ledge"—I will not swear she did not—I did not push her away as she went towards the window ledge and take the letters myself from the window ledge—I swear that—she said she had been in the habit of taking the letters from the box and taking them up stairs to distribute—she said a good deal about that—both of them were talking for about two hours about these letters—she did not say the letters had come open by my handling them so roughly—I don't know whether Hinds saw the damp letter—she said she had never heard of any letters being miscarried—neither Mr. Condy nor Mr. Antonio are here.
Re-examined. My suspension arose in this way; I followed a quantity of stolen goods into the house of a notorious man, who had been tried here on two occasions for receiving stolen property, and aoquitted; the woman kicked up a row, and struck Hinds, and bit him through the thumb, and assaulted me and others, and she was taken into custody for the assault; the Commissioner said we ought to have summoned her, and not charged her before the Magistrate; and that was the reason Hinds got censured—I was absent when he took the woman into custody—she was a notorious character, and when, before Sir Thomas Henry, she tried to swear my life away, he did not believe her, because he ordered an investigation.
was going on between Boyell and Louisa, I heard Susan call out "Who's there?" from a bedroom opposite where we were—Louis asaid "Two police officers"—I then went across the passage towards the door—Susan said "You can't come in here"—I told her I was a married man, she need not be ashamed of me—she tried to push the door in my face, I shoved it open and entered the room—before that she said something about letters; I don't exactly remember what, and she said "There are two here"—when I got into the room she handed me these two letters (produced) from a little dress ng-table under the window; one is addressed to Mr. Burnet, the other to Mr. Ormiston—from 20th November to 27th December I had that house under observation—I have seen Mills go there, I should think on quite ten or twelve occasions, between 8 and 10 o'clook in the morning; more frequently about 9 o'clock—sometimes he has stayed ten minutes, and sometimes it has reached quite half-an-hour—I saw him go there on the morning of the 24th about 20 minutes to 9 o'clock—on the occasions when I have seen him go there I have seen him with the two women; I have seen him at the door talking to them, and part with them in a very friendly way—I have seen him go out with Louisa, and I think I have seen him about three times with Susan—the bedroom appeared to be used by both the females.
Cross-examined by Mr. SLEIGH. I first assisted Boyell in this case on 20th November—we were not always in company; we were on several occasions—I know Mills's wife now—I have not seen him go there with her, or with any person—I generally watched from a few minutes before 8 o'clock in the morning till 9.30 or sometimes 10 o'clock, and occasionally of an evening after dark—my orders were to be there every day; I did not carry out those orders because I had other cases on hand that called me away—I have not seen Mills go there with his wife of an evening and stay for half or threequarters of an hour—I think I saw the old lady (Susan) come to the door with the niece about three times, without any bonnet or shawl—they would have some conversation and part in a friendly manner—I don't suppose there was anything to excite the suspicion of a passer-by—I never saw the old lady come out but once—I have seen Louisa come out with Mills and walk into Buckingham Street, and then she returned.
Cross-examined by Mr. BESLEY. We were there about three hours on the 27th—I think it was about 11 o'clock when Mr. Ormiston came—they were then given into custody—Boyell asked Louisa something respecting the letters that he took from her hand, and she said they were hers, her private property—she may have said she did not know what he meant about missing letters—he might have said "Never mind what I mean"—she said the only letters there were on the window-sill—I don't remember her saying that some had come on Christmas Day and some on Boxing Night, and that it was her duty to deliver them to the persons in the house; I won't swear she did not say so, but I don't think she did—Susan said that the two letters she had on the table had come that morning—the blue one was torn in the back as it is now—she did not hand it to me through the door, but when I had got into the room—she did not say "It must have been torn in your taking it"—I called her attention then to its being torn, and she said it must have been torn by a little nephew who had taken it out of the letter-box—he was not there—I never saw Mills go into the next house—he generally came from the direction of Charing Cross railway station—I have seen Louisa leave the house two or three times of a morning, as if going on an errand, and I have seen the
door stand ajar while she was away, and I have seen her come back carrying something—Susan was in bed when we went en the 27th—I think it was a little after 8 o'clock when we went—I saw Boyell go to the window-sill after he had taken the four letters from Louisa's hand—he did not push her aside and say "I will take them myself" and take them up—I think he said "I will find them myself," and I saw him go towards the window-sill and find some more letters—she did not say when he called her attention to the letters haying been tampered with "You have done it now in the rough way you have handled them"—I am sure she never said those words—something was said about the two letters being tampered with—I believe her answer was that she knew nothing about them—I did not hear her say that Boyell had done it himself; I would not swear she did not—I examined these letters afterwards before Mr. Ormiston came—Boyell called my attention at the time to one of the letters being damp; I swear that—I don't think I mentioned that at the Police Court—I believe it was drawn to Mr. Ormiston's attention, I am sure it was—the letter was not damp at 12 o'clock—I was suspended about a charge of assault against a woman—Sir Thomas Henry said that we did not sufficiently make ourselves known before we went to the place—he did not express dissatisfaction at the way in which we gave our evidence—I was suspended once before in consequence of a prisoner escaping from me—that was the first black mark I had against me. Re-examined. I have been thirteen years in the force—I saw no little boy at the house.
REV. RICHARD BURNET . I am vicar of South Mailing, Sussex—in the early part of October last I was acting as honorary secretary to the Spanish Evangelical Mission—I left towards the end of October—I never received this cheque from Mr. Sutton; the endorsement is not mine, or by my authority—I did not send any acknowledgment of its receipt—the signature to this post-office order for 3l. is not mine, or by my authority—I never received that 3l.
DAVID DWYER . I am a letter carrier—Duke Street, Adelphi, is in my walk, and was so in December—I delivered a letter there on the 26th in the morning, and put it into the street door letter-box; that was the only one addressed to Mr. Tugwell—I am the general postman.
Cross-examined by MR. BESLEY. There are five postmen altogether in that round, at different hours—I believe T delivered there on Christmas morning—I put the letters into the letter-box.
GEORGE BROOKS . I am a letter carrier—on Christmas morning I delivered three letters at 6, Duke Street, at the first delivery—at the second delivery I delivered the Irish and American letters—these are the three letters, to the best of my recollection; that I put into the box, and this one I put into the hands of Louisa Martindale between 10 and 11 o'clock on Christmas morning as she was standing at the door.
Cross-examined by Mr. BESLEY. I delivered more than once on Christmas morning—I was the only postman that went on Christmas morning—I recollect this particular letter, because none but American and Irish letters were in that second delivery—the letters by the Irish letters are very few, and you know every person you deliver to, and being Christmas morning I was disappointed at not getting home, having to go round a second time.
ELIZABETH STEPHENS . I am the wife of Charles Stephens, and live at 36, Acton Street, Gray's Inn Road—I know the male prisoner as Stephens; he is an illegitimate son of my brother-in-law—he does not reside at 36, Acton Street; he has slept there on one occasion only—I did not know where he was living during the month of December—he was not living at my house—I don't know either of the women—I have just seen them—it is about eight or ten years ago since I saw them—they are not relations of mine.
Cross-examined by Mr. SLEIGH. I can't say anything about the Martin dales—I have heard the name, and that is all, as friends of my family—I believe Mills' mother's name was Mills; the father's name was Stephens—they were not married—he visited on one or two occasions at my house, but we have lost sight of him years—lately I have seen him again—he has been visiting my house during the last year as a relation—he is married—I know his wife—he has four children.
CHARLES CHABOT . I live at 27, Red Lion Square, and am a professional expert in handwriting—I have been engaged for many years in the comparison of handwriting—I have had various papers and cheques shown to me in this case—as regards the post-office order signed "Burnet," looking at the cheque for 5l. 5s., admitted to be in the handwriting of Mills, I believe they are the same handwriting—I don't form that opinion from those documents alone, and if I was only shown those I might be in doubt—upon examining all the documents I say that the post-office order signed "Burnet" is in the handwriting of Mills—here is a cheque for 19l. 2s. signed L. S. Tugwell—I believe that is in the same handwriting as the signature to the cheque for 5l. 5s., A. Burnet—I have compared this portion of a letter also with the endorsement of the five guinea cheque—in my opinion that is also in the same handwriting—there were two other letters; one signed "Ormiston," and a memorandum, I think, and some other letter with the name of Tugwell in it—it must have been a letter from Mr. Tugwell, but without those letters I am prepared to give my opinion just the same.
Cross-examined by MR. SLEIGH. I say those three letters assisted me in my comparison—the cheque with the prisoner's writing and the post-office order signed "R. Burnet" were the two documents that were first put into my hand—I formed my opinion upon them without the other documents, but I said without I had further evidence I would not appear against the prisoner, from the small material I had before me; I said, privately I believed it was his handwriting, but I did not feel justified in giving evidence in a case involving a person's liberty upon such slender evidence—in my own mind I formed the opinion that they were the same handwriting, and I expressed it—I had three letters, one signed "J. Ormiston," but I made no use of them on the first occasion—I found no available evidence in them until I had seen the torn letter—I had five documents before me, two cheques and three letters, but I only expressed my opinion about the two cheques—I thought there was another post-office order—I was under the impression that I had seen two—there were a number of documents, and some were taken away and I have not seen them since, and I fancied there was another post-office order—I was deceived—I may have been confusing some other case—I saw the fragment of a letter after I had seen the two cheques, and that strengthened my opinion—I was not in doubt before in my own mind, but I said I would not give evidence until I had something to base my evidence upon—I said before the Magistrate, "A
portion of a letter was placed in my hands, and comparing it with the other documents quite cleared all doubt in my mind," and I say so now—the signatures "R. Mills" and "L. S. Tugwell" are not the same style of writing, because "L. S. Tugwell" is assumed—the letter of 2nd November, "J. Ormiston," is a mixture between the two styles—I have examined the letters with very great care indeed—I have given evidence positively before, and verdicts have been found directly opposite to my opinion—I published a book about Junius.
REV. J. ORMISTON (re-called). During the months of November and December last these nine envelopes were placed upon my table—they all appeared to have been tampered with, and I made memorandums at the time of each letter, certifying it was received in that state—they are all post-letters—this five guinea cheque was prepared in my presence—my wife wrote the body of it.
REV. L. S. TUGWELL (re-called). I think Mr. Condy's office was on the second floor—Mr. Ford had offices on the first floor, I think—I think Mr. Goodchild's offices were on the ground floor, under Mr. Ford's, and also Mr. Overall's—Mr. Goodchild has one side and Mr. Overall the other—I don't know that there are nineteen rooms altogether—I met people going in and out occasionally.
MILLS— GUILTY *— Two Years' Imprisonment.
SUSAN MARTINDALE— GUILTY — Fifteen Months' Imprisonment.
LOUISA MARTINDALE— GUILTY — Six Months' Imprisonment.
NEW COURT.—Friday, February 7th, 1873.
MR. PURCELL, MR. STRAIGHT>, and MR. AUSTEN METCALFE conducted the Prosecution; and MR. METCALFE, Q.C., and MR. MONTAGU WILLIAMS the Defence.
HENRY EDDOWS KEENE . I am a clerk in the manager's office of the London and Westminster Bank, Bloomsbury branch—I knew Mr. Pavia, he had a deposit account there—this letter went from our bank to Mr. Pavia on the 19th of March—(Read: "London and Westminster bank, March 19th, 1872. Dear Sir,—The brokers have delivered the Russian bonds lately bought on your account, and we shall, therefore, feel obliged by your transferring your deposit receipts to your current account, which will otherwise be overdue. Yours faithfully, HYKEENE."—"37, East Street, Lamb's Conduit Street, March 20th, 1872. Mr. Reeve,—Dear Sir, I regret very much that a violent cold, bronchitis, &c., keeps me at home some few days, and I am afraid I shall have it two or three weeks, therefore I cannot call on you for a long time; wishing to square this affair of the Russian bonds, I send You all the documents necessary. I have not deducted the interest of the deposit bank, of which please give me credit on my bank current account. I should feel obliged to deliver to the bearer the nine Russian bonds, as I wish to register them in my book. The first day I shall go out I will have the pleasure to call on you. I remain, dear sir, your respy., PH. PAVIA. "—This letter was brought by Mrs. Jones, and I delivered to her the eighteen Russian 50l. bonds, and got this receipt for them. (Signed. SARAH JONES
for PHILIP PAVIA.)—nine Victorian 100l. bonds were also deposited at our bank—no application was made for them, and they are there still.
Cross-examined by MR. METCALFE. We had some Italian bonds which were sold by Mr. Pavia's instructions shortly before the purchase of the Russian bonds—the money arising from the Italian bonds formed the funds which purchased the Russian bonds—this cheque for 187l. was brought down to us after Mr. Pavia's death; it was not presented, but it was brought formally by the prisoner, who came with the Italian Consul.—(This was in favour of S. Jones, for 187l., dated March 6th, 1872, and signed. "PH. PAVIA")—I should have paid it if the man had not been dead, if he had had the money—it is a genuine signature.
COURT. Q. Do Russian and Italian bonds pass by delivery? A. Yes.
EDWARD JARRETT . I am clerk to Hunt and Sons, of 21, Threadneedle Street—on 17th April, the prisoner came and said that she was recommended by somebody over the way, and that she wanted to sell a 50l. Russian bond—I went over to the Consolidated Bank, and then to the Bank of England, where I found a clerk who gave me her name, and she sold the bond—on 30th April she came again and sold five bonds at 46l. 12s. 6d. each—they were below par—I have the numbers here.
MICHAEL HAYDON : I received a warrant against the prisoner, and arrested her at Hunt and Hobson's, Threadneedle Street—I was told in her presence that she was negociating the sale of a bond which she had in her hand—I found in her possession four 50l. Russian bonds, with coupons, two Victorian bonds—a purse with 2s. 3d. in it, and some memoranda and papers—the female searcher took from her other property.
Cross-examined by MR. METCALFE. I have made enquiries, and ascertained that she was living with Mr. Pavia, in Warwick Court, as far back as twenty years ago—I have no reason to believe that the relationship between them was more than that between master and servant—I do not know that they took their meals together—I have heard that they went out together—I have ascertained that in 1870 she was a witness for him when a serious attack was made on him by some men, who received heavy terms of imprisonment—I do not know that he attributed to her the saving of his life, but an officer is here who knows all the circumstances—he traded in various articles of perfumery and other things as well.
(MR. PURCELL produced a brass door-plate, engraved "Philip Pavia, importer of foreign goods and foreign commission agent.")
SARAH JOHNSON . I searched the prisoner at the station, and found on her 28l. 10s. in gold, two gold watches, and a gold chain and albert in this little packet, which was sewn in her stays, and this little bag, which was behind her as a bustle—she said that they were hers.
EDWARD MOSS (City Detective). I searched the prisoner's lodging, and found three table-spoons and forks and two teaspoons; one spoon and one fork were marked "P. P.," and one "S. J.," the others are not marked; they are all the same pattern, this silver mug and these three small pins, and some memoranda—the pins were in a box in her room, which was locked.
Cross-examined by MR. METCALFE. I do not know whether Mr. Pavia considered that the prisoner had saved his life—I was not the officer in that case, but I have referred to the notes of the trial.
COURT. Q. Have you made any enquiry about Pavia and this woman? A. Yes, I find that she lived with him for eighteen or niniteen years, as
servant only—he was a perfumer, at 6, Warwick Court, Holborn, eighteen or nineteen years, and when he died he was between seveuty and eighty years of age—I have never seen or heard of any advertisements of his.
Cross-examined. Three men made an attack on him at 4.30 am., and the prisoner got up and gave the alarm—it was a very serious case, and it was three weeks before he could attend the Court—she was sleeping, I believe, at the top of the house, and went down to the scene where it took place, and made an alarm, and called the police, who came and protected him.
Re-examined. It did not appear that she did anything besides shouting—she did not identify them as committing the assault, because they had escaped hefore.
HANNAH MARIA GRAHAM . I am the wife of John Graham, of 37, East Street, Brunswick Square, a carpenter—Mr. Pavia lived in the house from 1871 till he died—the prisoner was his servant—they occupied three rooms on the first floor—Mr. Pavia slept in the front room, the prisoner in the middle room, and the other room was a kitchen—the relationship between them was that of master and servant—I am acquainted with Mr. Pavia's writing—this is his signature to this receipt, and this is Mrs. Jones' signature (This was in a wages book, showing that the prisoner received 10s. a week salary as housekeeper)—Mr. Pavia died on 24th March—I recollect Mr. Luciano coming down to my house and putting questions to the prisoner—he asked her for Mr. Pavia's papers and cash-box, and she took the cash-box out of a cupboard and put it on a table—he asked for the key, she gave it to him out of her pocket, and he opened it, and found in it this cheque—she said "I think that is mine"—Mr. Luciano asked for the clothes, and she produced two shirts, a coat, and a pair of trousers, and said that that was all she had—they were put into a portmanteau and sealed up—the prisoner remained in my house four or five weeks after Mr. Pavia's death—after his death I had a conversation with her—she was crying, and I asked her what was the matter with her—she said "I am very miserable indeed about the bonds"—I said "If Mr. Pavia gave you the bonds, why do you fret? tell the truth"—she said "Well I cannot say that seven of them are, but two are"—I said "Why?"—she said "If I don't have my cheque; I lent him my money and that is my cheque"—I said, "If you get your cheque the bonds are not yours"—she said "No"—some one had said something to her about the bonds when she was out, and she said "Well, Mrs. Graham, you won't mind saying Mr. Pavia gave me the bonds"—I said "No"—she said "Not if I give you one of the bonds?"—I said "No"—she said "Not if I give you 100l."—I said "No."
The Prisoner. That is false. Witness continued. I remember the prisoner coming to my house in October last—Mr. Luciano came on the same occasion—they both went up to the room occupied by Mr. Pavia—she was asked for her clothes and she would not give them—he said "You had better; come, my time is precious"—she said "I can't come till I have had my dinner," and went into the third room alone—when she came out she said "I don't care, I have got all I wanted"—she afterwards came again for her clothes, as I told her I could not have thorn there, and she had better go to the Italian Consulate—she said "I took the bonds and hid them in a hassock
and you will find the hassock under the table, and the scizzors are under the meat safe"—I found the hassock, ripped up, in a basket under the table—this is it—I recognise this watch and other articles—these spoons and forks were Mr. Pavia's property—I saw the prisoner write this paper (produced)—she said "You come and see how very much I can write like Mr. Pavia"
Cross-examined by MR. METCALFE. She was going to Paris with him—she said that the business concerned her as well, and she might have to go to Italy—they had their meals, as far as I know, together in the front room, which was his bedroom, and I have sometimes seen Mrs. Jones having meals in the kitchen—they had their meals together, as far as I know—when he went from his bedroom to the kitchen he had to pass through her bed-room, the rooms communicated—several gentlemen came there, but I never knew a person come to have meals with him—no friend or relative ever came near him, that I know of—I have not heard him speak of her saving his life—I have heard him speak of that matter in her presence—I never heard him speak of his intention to provide for her, or of property which he had given her before his death—I heard after his death that she had lent him her two Russian bonds to buy his with, because he had not enough money in the bank—in February, 1872, before his death, she said that the Russian bonds were exhausted, and she might have to go to Italy with him—I believe she said Russian bonds, not Italian—he told me he had relations, his admiring my children brought up the subject—he always came down to pay the rent—my little girl had only come home that day and he admired her—he spoke affectionately of his relations—it did not take twelve months after his death to find them out, he has not been twelve months dead—I have detained some things of his, we were ordered to do so—an action is now pending for detaining what the prisoner calls her things—they are things which did belong to Mr. Pavia—the prisoner removed from my house into Red Lion Street, which is three or five minutes' walk off—she was taken in New North Street, that is the next street to East Street—after his death she said on some days that he had given her the bonds, and some days that it was not so—she did not say he had given her all his things—she did not say before his death that he had given her the bonds, but after his death she said "They are mine, he gave them to me"—when she offered me the 100l., I said "What a pity it is Mr. Pavia has not made his will, if it had only been two lines it would been enough"—I said also "I know what Mr. Pavia has said to you about his relations"—I did not say "If you will give me 100l. out of it I will make it all right for you"—I did not ask her to say that he was a quarterly tenant instead of a weekly one—she paid two weeks' rent after he died; she did not offer me thirteen guiueas for the residue of the rent, some man did on her behalf, but she was no tenant of mine—I could not give up Mr. Pavia's things when they were under trust—I have claimed 21l. for rent, I would not receive the thirteen guineas, because I was ordered not to give the things up.
Re-examined. The furniture was removed five weeks ago—my husband had retained it by the Italian Consul's order—I made the claim for rent against the Consul—when she spoke of going to Italy, she said "Mr. Pavia has bought nine Russian bonds"—I did not answer, and she said "Oh, my God! I did not think he had so much money."
MR. METCALFE. Q. Did Mr. Pavia indulge in drink occasionally? A. No, he was very abstemious, but I am sorry to say the prisoner did—he carried on the business of a perfumer—two gentlemen used to call on some
days, and some times only one, and a lady and gentleman called once—I think the lady said she came from Paris—the prisoner wanted to be denied, and I said it was time enough to deny her when she was asked for—Mr. Pavia used to deal in scented soap, and he used to have parcels from Paris—the prisoner may have been present when customers came, but very often when they came she used to come down stairs, or go into the back kitchen.
JOHN GRAHAM . I am a carpenter and joiner, of East Street, Lamb's Conduit Street—on 24th March, Sunday, the day Mr. Pavia died, I went up to his room; I told him in the prisoner's presence that he was very ill, and asked him if he wished me to go for a physician, and if he considered the doctor understood his disease—he said "No, I will see one on Monday; I shall very likely be better on Monday, and we shall see"—I said "Have you got any relation in London?"—he said "No"—I said "Is there any particular friend you wish to see?"—he said "No"—I said "Should you like to see your clergyman, or the Italian Consul?"—he said "I should like to see the Consul, but I don't wish to trouble you; we shall see him the beginning of the week"—I said "You are so ill, Mr. Pavia, your best plan is to let me go for him now"—he asked me if I knew his address; I said "No;" and he took a pen and ink, and wrote the Consul's address, in the Old Jewry—he said "Very likely you cannot get the Consul himself, but get one of the secretaries"—I went to the secretary, but did not find him, as it was Sunday, and Mr. Pavia died before I got home—on the Monday morning, at 10 o'clock, I went to the Consul—the prisoner went with me, and when she found I spoke my mind plainly at the Consulate, she opened her mind to me after coming home more plainly than I thought it prudent for her to do—we sat down, and had part of our dinner—the prisoner was present, and she turned to my wife, and said "Well, I have as good a right to the bonds as anybody else; he has no relation in the world; the bonds are mine; the Italian Consul will not give you anything; and you need not mind saying you saw Mr. Pavia give me the bonds"—"No," said my wife—she said "You would not if I give you 100l.?—"No," said my wife, "not if you give me all the bonds you have"—the prisoner turned rusty, and was never so friendly afterwards—she was present with my wife when Mr. Luciano asked for the cash-box and papers—she took the cash-box out of a cupboard—Mr. Luciano said "Where is the key?" and she took it from her pocket—the prisoner always said the bonds were hers, and that she would stick to them, and she would eat them before anybody else should get them.
Cross-examined by MR. METCALFE. It was three days after Mr. Pavia's death that the prisoner asked my wife to say that she saw the bonds given—I had been to make arrangements about the funeral—I could not get the Consul to take it in hand, and they told me to bury him by the parish; but he was a nobleman by birth, and I would not allow it—I saw the cheque for 187l. taken from the cash-box—I went to the bank and the bank would not pay it—I may say that I also recognise his watch.
JOHN LUCIANO .—I am employed at the Italian Consulate—I knew Mrs. Pavia—he was an officer in the Sardinian army, and was a political refugee in London from the affair of 1831, trading in perfumery and soaps—he was pardoned and pensioned by the Government—on 25th March I went to the house in East Street and saw the prisoner there—I asked her for the cashbox—she took it out, and I opened it and looked to see if there was any will, but there was not—there was a cheque for 187l. to "Mrs. Jones"—I
said "Who is Mrs. Jones?"—the prisoner said "It is for me"—I also found soveral letters and a memorandum for some Russian bonds—I began to make an inventory, and asked her for his watch—she said "They all belong to me"—I asked her for hid coat and trousers—she said "They all belong to me"—all I could get was one old coat, two old trousers, and a shirt—there was no cash in the cash-box—I went with the prisoner to the bank and saw the manager—the prisoner presented the cheque—payment was refused, and she gave the cheque back to me.
Cross-examined by MR. METCALFE. On every occasion that I saw her, she said that the furniture and everything was given to her by Mr. Pavia.
WILLIAM TITFORD . I am an undertaker—I was fetched to the house in East Street to conduct the funeral of Mr. Pavia—I had a conversation with the prisoner, and fixed the price—when I took the coffin in next day I asked her about the payment—she said that Mr. Pavia died worth a good deal of property, and I need not be under any apprehension about payment—next day we took the outer casing in, and I found she had been removing some of the things—I wanted to know who was to be paymaster; she said that if I went to the Italian Consul they had got some of the property, and they would pay—I was finally paid by the prisoner—when I asked her for an undertaking to pay me, she refused—I said "You have got some Russian bonds; will you deposit one with Mrs. Graham or me as security?"—she said "No"—I said "Or his watch?"—she said "No;" the bonds were hers, and there was no one to prove Mr. Pavia did not give them to her—I asked her how she would manage to draw the dividends on them—she said "I shall take one, and if they pay that I shall be all right for the rest"—I said "Are they transferable?—she said "Yes, they can be sold"—she at last consented, and I drew up a paper consenting to leave the whole of the goods there belonging to Mr. Pavia and herself, and upon that I carried out the funeral; but the body was above ground about ten days—in April she wanted to move the things, and to deposit a gold watch with me so that I should give consent to move them—I said "This is a lady's watch"—she said that it was given to her, and it was in the Exhibition of 1851—I said "I shall retain this as additional security," and that brought her down again on 19th April, when she brought me the money, and after paying me she said "You can swear that Mr. Pavia gave me those bonds?"—I said, "My good woman, are you mad? I never saw the man alive in my life"—I had seen a catalogue of the goods, and she brought it to me again, interlined with other matter—I said "You have interlined this?"—she said "No; it is just the same as Mr. Pavia gave it to mo"—she was the worse for drink, and I don't think she was sober from the time I first saw her till after the funeral—I said "As sure as your name is Jones, you will be charged with stealing the bonds"—she said she did not care, and sooner than give them up she would tear them up and eat them—I had to order her out of my house—her language and ways were disgusting.
Cross-examined. I did not order her out till the money was paid—although I told her she had stolen the bonds, I was willing to receive one from her—I went to the Italian Consul about burying this man—I know that he bad sealed up the things—he said "If you can persuade Mrs. Jones to leave the bonds here we will pay for the funeral"—I went back to Mrs. Jones, and said that the Consul would have nothing to do with him, and the parish must bury him.
Re-examined. I never saw one connected with the Consul in the prisoner's presence.
The prisoner handed in a paper to the Court, which stated that Mr. Pavia bought 200 Italian bonds for her during the siege of paris, and that they afterwards jointly sold their Italian bonds and bought Russian ones; that after receiving the letter from the bank stating that they had received the Russian bonds, Mr. Pavia said to her, "Give me pen, ink, and paper, I am dying; I have no relations in the world, I will give you my seven hundred, for you have been a good friend to me; your bonds and my bonds will bring you in 45l. a year for life. I must say in my letter I wish to register the numbers of the bonds, in order to get them out of bank." that when she took the bonds to him he made her a present of them, and that Mrs. Graham, knowing this offered to make it all right for her for 100l., and because she would not do so charged her to doctor and Consul with having poisoned Mr. Pavia.
NOT GUILTY .
MR. A. B. KELLY conducted the Prosecution.
JOSEPH LOWRY . I am a seaman—on Wednesday night 8th January, about 12.20 or 12.30, I was in Whitechapel Road, and when I was about 10 yards past a coffee-stall I was assaulted by seven or eighth men—I received a blow on my mouth, which loosened my teeth, and I fell—the prisoner Perry was over me, and I said "I shall know you again"—Birch put his hand on his throat—I know Birch by a scar on his throat; he was on my left side—I took my watch off my guard and put it in my trousers pocket—they found that it was not where it was Before, and they said "Itis not there, it must be in his trousers pocket"—my chain was across my waist before I met them—I could not eat anything for two days—I recognised Perry ina public-house, and gave him in charge—he said at the station, "You are mistaken in the party; what do you know about me?"—I said "I know You by your face"—he said "I am not the right one, but I know who did it"—I know him, because when I was down his face was over me—I got up, but I was half dead, and hardly knew whether I was standing on my head or my heels—I lost my watch and 15s.—I had a couple of pots of beer.
Perry. Q. You identified me four days afterwards? A. Yes; you told me that there is another young chap very much like you—it was a beautiful moonlight night; and there were two gas lamps.
Birch. I was an out-door patient of St. Bartholomew's Hospital at the time.
WILLIAM RODWELL . I am a colour-Worker—I was in Whitechapel Road about 12.30 on this night, and saw Perry and seven or eighth others—they got hold of Lowry and threw him down—I cannot say whether Firch was there—I saw a scuffle, and went for the police-two or three of them said "If you go for the police we will lay wait for you," and one of them followed me with a knife—I have been threatened frequently lately.
Perry. Q. What did they want to pull out a knife for? A. have had threats ever since, and even last Monday your mother threatened me—I
can hardly go about for them, as I was threatend last night going home—I saw you above all while he was being assaulted, but I did not see Birch.
JOSEPH CLEAVER (Policeman K). I took Perry, and told him the charge—he said hoknew nothing about it—at the station he said "I did not do it, but I know who did"—he mentioned two names, and Birch was one.
Perry. When I told you the name, you said that if I old you you would not tell; I told you where Adair lives, and you know that if we were both at this bar you could not tell one from the other. Witness. He is not like you at all, he is a much stouter man altogether; Herbert White is more like you—I did not point him out to the prosecutor, but I stood him up in the corner.
Birch. Q. Was not I in the public-house when you took Herbert White up? A. You were in the other bar—I was not on the look-out for you till afterwards—the prosecutor was outside, but you were on the opposite side where you could not be seen—I did not take you; Chapman took you.
WILLIAM CHAPMAN (Policeman K). I took Birch on 15th January—he said "All right, I heard you were after me; I had nothing to do in it; no more had the man you had in custody; George Waxby was one of them, and his mother lives next door to the Vicar of Wakefield public-house—I took him to the station, put him with others, and the prosecutor picked him out as the man.
Perry. Q. Is not Waxby like me? A. He is of a fair complexion, but not near so tall as you, nor so old—I have been to the house, and he is keeping out of the way.
Perru's Defence. I am innocent I have been apprehended a month next Sunday. I wish to call James Watson.
Witness for Perry.
JAMES WATSON . At 10. 30 on the Wednesday night of this robbery, Perry came to my house and asked me to go out—I said "I don't mind, as it's my birthday"—we walked to Mile End, went to a public-house, and stopped there an hour and a half, till it shut up—a young woman came with him about fifty yards through North Street, and wished him "Good night"—he then had some supper at my house, and left—it was 12. 50 as we passed the church coming home again.
Cross-examined by MR. KELLY. There were three or four round the bar, but only Perry was drinking with me—it is the Queen's Head or the Queen's Arms, at the corner of North Street—my landlady was out, so there was no one to come and prove he was there—she went to the play, and the lodger who occupies the same room as me was also out, and did not come home till 8 o'clock next morning—I walked as far as the church with Perry to see him on his way, and it was then 12. 50—that is what fixes the hour—I said to him, "If I walk half way with you, we shall be home about the same time"—there was no occasion for that—I do not know Herbert White.
Witness for Birch.
Cross-examined. I have not asked the prosecutor to drink—I only spoke to him wishing that the case would be over, because it is so long from Monday till now—Birch came home that evening about 10. 30, as near as I can say—my reason for saying that is because he was so ill that I said, "I wonder you stay out so late, being so ill; the night air will do you no good
—he sleeps in the room I work in, and I know the time, as I have a clock there—no one else lives in the room—I am a bookmaker—I had not given up work when he came home—I was at work till between 1 and 2 o'clock in the morning in the room he was sleeping in—the first time I went before the Magistrate I was not asked any questions—the case was scarcely heard, because they thought there were some other parties, and the next day I was too late.
Perry. On the Saturday night I went up Whitechapel Road, and Waxby told me that they had committed a robbery on a sailor, and he must go out of the way, and I told Chapman so.
PERRY— GUILTY *— Eighteen Months' Imprisonment.
BIRCH— GUILTY . He was further charged with a previous conviction, at Clerkenwell, in July, 1869, to which he PLEADED GUILTY— Seven Years' Penal Servitude.
MR. DOUGLAS conducted the Prosecution.
CHARLES WRIGHT . I am assistant to Jane Phillips, a pawnbroker, of Stratford—on 16th January, about 4 o'clock, I saw the prisoners 20 yards from the shop, against a lamp-post—I went back into the shop, and the assistant told me something—I went out, the prisoners were gone, and I missed a coat—I overtook the prisoners in Bow Road, and followed them—when I got to the police-station I ran in and got a constable, who caught Anderson and gave him into my hands, while he pursued Williams and brought him back—they were taken to West Ham, and charged with stealing the coat—Anderson said that he bought it in Petticoat Lane on Sunday morning—he was wearing it under his own.
JAMES SHEPPARD (Policeman K 26). I went out of the station and took hold of Anderson—he was wearing the coat under his own, and it hung 2 inches below it—I left him in Wright's custody, and went after Williams, who ran away although I had not said anything to him—I found him in custody of another constable.
Williams's Defence. I know nothing about the coat. I met Anderson outside the pawnbroker's shop, who said he was waiting for a friend, and if he did not meet him he would catch me up. He did catch me up, and I was taken into custody.
WILLIAMS— NOT GUILTY .
MR. SIMMS. conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
Upon the evidence of MR. GOLDERIOK, a physician, of Glasgow, the Jury found a verdict of
NOT GUILTY, being Insane.
To be detained during Her Majesty's pleasure.
Before Mr. Deputy Recorder.
Eighteen Months' Imprisonment.
MR. GLYN conducted the Prosecution.
HENRY DAVIS . I live at 42, Wellington Street, Deptford, and am a labourer—on Sunday, the 12th January last at 11. 15 in the evening, I was going down Wellington Street, Deptford—when I got within about four doors from my house the prisoner came up to me and struck me a blow on the head and knocked me down, and robbed me of 12s. 6d. in money; he first got hold of my scarf, and got me against a wall; my sister came out of the house, and: saw him with his hand in my pockets; something dropped from my pocket—she said to him, "Leave that money alone, that belongs to my brother"—he turned round and pushed her, and he gave me a blow on the mouth, and I was taken indoors insensible—he took my 12s. 6d.
Prisoner. Q. Didn't you come intoxicated to the public-house where I was on the Sunday night?—A. No; I was perfectly sober. Q. Did not you ask me to take you hornet Didn't You Call for three halfquarterns of rum and water hot for people in the place?
ANN DAVIS . I live at 42, Wellington Street, Deptford, and am sister of the prosecutor—on the 12th January, about half-past 11 o'clock, I was at home—I heard screams from my brother, and I ran outside to him—the prisoner was holding him up against a wall with his knee—my brother dropped some money out of his pocket—I told the prisoner it did not belong to him—he said "You are a big liar!"—I did not see him do anything to my brother—I got him indoors—I did not see his hands in my brother's pocket—the money dropped out of my brother's pocket as he himself pulled his hand out—he was knocked senseless, but I did not see him struck—I saw the prisoner pick up the money—a stranger came along and interfered, and helped my brother—I did not see that the other person had anything of my brother.
JOHN DRAPER (Policeman K 172.) The prisoner was given into my custody by the prosecutor on the charge of robbing him of his scarf and 12s. 6d.—he said nothing to the charge, but he admitted on the way to the station that he was drunk.
Witnesses for the Defence.
JOHN AMOS . I saw the prosecutor in a public-house on the night in question; he called for some shrub and water; he said to me, "I want to speak to you," and asked me what I was going to stand?—he then said, "Call for what you like and I will pay for it," and they called for a half-pint of rum and three pots of beer—when that was out they asked him what he was going to stand again?—the man was intopsicated—
I called for two pennyworth of rum warm—that was about a 10. 45—ho lent my wife 1s., and another woman 1s., and he then had only 11 1/2 d. left in his possession—ho alto treated the prisoner, my brother George, and a woman.
Cross-examined. I am a general-dealer—I went to the public-house "The King William the Fourth", to pay 30s. that I had borrowed from the master—I saw the prosecutor drink a glass of 2d., worth of shrub warm, several drinks out of pots, and rum, that he called for—Davis had been in the house about two hours and a half—I remained at Mrs. Thomas's until 2.30 the next morning—after leaving the public-house, I slept that night at home, in Copperas Lane, Deptford.
JOHANNA CHAIN . When the prosecutor came into the public-house he said he had 12s. and would stand the lot a pot, with people in the bar—he called for an immense lot of rum and water—he lent 1s. to Mrs. Thomas and 1s. to Airs. Hamies—I asked him to lend me 1s., but he had not one to lend; only halfpence—he stopped in the house until 10. 45—I cannot say who went out with him.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and CHARLES MATTHEWS the Defence.
ROBERT STAFFORD . I am a lighterman, and live, at No. 6, Lucas Street Mile End—on the morning of the 7th January, I received certain instructions from William White, and in consequence I loaded some iron bars into a barge called the Joshua, at Mill wall Pocks—there were 830—when I had loaded them, I took them to the lock of Mill wall Dock, and afterwards I took her up to St. Katharine's Dock, going in on the top of the evening tide—that was about 8 o'clock—when I left her all the iron was safe on board—the next time, I saw the iron was in the schooner Berindina which was lying in St. Katharine's Docks on January the 11th—there were 758 on board her—I saw them counted—they were similar in description to those I saw counted on board the Joshua—at the same time as my barge was left fastened to the bows of the vessel, there was a mud barge near to it that had gone into dock with the same tide.
Cross-examined by MR. MATTHEWS. There might be similar iron in the possession of other people than Jones & Co.
Cross-examined by MR. M. WILLIAMS. I bad no tally-book—I tallied them with chalk on the barge's head.
WILLIAM WHITE , I am dock-foreman to the prosecutors, Jones, Potter, & Co., and live at Manor, Road, Bermondsey—on the 7th January I sawthe bans loaded on the barge Joshua—there was a mark upon it, but I could not swear to it—it was Swedish iron.
DAVID FRANCIS (Policeman 24). I took Page into custody on the 12th January at Charlton, outside The Lads of the Village, and charged him with being concerned in stealing 72 bars of iron from the barge Joshua, lying in St. Katharine's Dock—he said "I did not steal it; we dredged it up from the bottom of the dock, and I sold it to Mr. Armstrong"—he said he considered it was his perquisite when he sold it—on the way to the station he voluntarily said "You don't want anybody else but me for this; I can stand to it all myself"—he said; "We received 2l. 16s.
for it—Armstrong's is an engineer's shop at West Street, Charlton, and there is a yard attached to it—on Saturday evening, the 11th, I went to his lodgings at Charlton, and saw him—I said to him "Is your name Mr. Armstrong? and he said "Yes"—I said "You bought some iron on Wednesday last"—he said "Yes"—I said "Who did you buy it from?"—he said "Two men on the water-side"—I said "Do you know them?"—he said "Yes"—I said "Did you have a receipt with it when you bought it?"—he said "No, but I entered it in my book"—I asked him how much he bought, and he said "Ten or eleven bars"—I said "Are you sure that is all you bought?"—he said "Yes"—I then said "Are you aware that your carman and son are in custody?" and I asked him if he had sent any to Greenwich, and he said "No"—I said "They are; and the carman has stated that he took a load of iron to Mr. Robinson's, at Greenwich, this morning"—he said "If the carman said so, that is all right"—I asked him if he had the book at the house, and he said it was at the shop—I assisted him in unloading his cart—I asked him at the shop again for the book, and he said "It is not here; it must be at my house"—I then went back with him to the house—he went into the house, and was in a very considerable time—there were ten bars of iron in the cart that I took from Kingston Terrace to West Street, and I stopped the prisoner and his van while they were with it—it was marked "d M.," and a circle, by which I identified it.
Crow-examined by MR. M. WILLIAMS. A man named Warner told me that it was bought of Page and another man—young Armstrong was in the cart at the time—it was-in Armstrong's presence, but I could not positively swear whether he heard it—Armstrong never shewed me what the book contained, and I did not ask him to let me see it—it was taken to the Police Court—the man brought the book with him out of the house, put it in the cart, and sat upon it—he did not tell me that there were ten bars in the cart.
Re-examined. He never offered to produce any book until I told him at the house that I was going to take him into custody—at the time I asked him about the number of bars he had purchased, nothing whatever had been said about the cart—the place where he was going with the cart, when I found it, was on the Woolwich Road—I rushed to it directly—I happened to see the bars whilst the carman was lighting his pipe.
THOMAS WARNER . I am a carman—I was in the employ of Mr. Armstrong—on the 8th January, about. 5 o'clock in the evening, Page came to my master's shop, and asked for the horse and cart—Mr. Armstrong told him he could not have it—between 7 and 8 o'clock on that day I received instructions from my master to go down to the bank for some iron—the bank was a quarter of a mile away from the place of business—he did not say what part of the bank I was to go to—I saw Page there—I saw some iron bars—they were chucked on the top of the river bank right on the footpath—the river was close on low water-mark, and there was an intervening space of mud—I was assisted by Page to put the bars of iron into the cart—when I had filled the cart I found that the horses could not pull it—Mr. Armstrong at that point came up, and told me to chuck it half out—I did so—Page and Armstrong walked up to the shop, and I took the iron round to the shop—I did not go the same way as them, but we met at the shop—I afterwards went back and fetched the lot that I had left—Page went with me and helped me to load it—both lots I turned out into Mr.
Armstrong's yard—when I first went down to the bank, I saw some persons in a boat, but I could not swear who they were; it was rather dark—I remember helping Page to weigh twenty of the bars on the scales at Annstrong's—they were all weighed—they were mucky—nothing was said, to my recollection, when they were weighed—the bars lay in the yard until Saturday evening the 11th—on Saturday evening I received directions to take some bars to Mr. Robinson, marine-store dealer, at Greenwich—I have both taken and fetched old iron from there for my master—I cannot tell what number of bars I took in the first load; I should think there would be somewhere about fifty—I delivered that load to Mr. Robinson, and then I went for the remainder—I was taking the remainder when I was stopped by the police—I had then ten bars in the cart—at that time young Mr. Armstrong was with me—on the Wednesday when I first saw the man Page come, I heard him say to the master he had got some old iron that he had picked up in the docks—I had never seen him there before.
Cross-examined by MR. WILLIAMS. The place on the river bank where the iron was lying, was an open roadway, I took my cart there—it took me about a quater of an hour to load the first load, and a quater of an hour the second load—I remember the police stopping me and asking "Where I was going to with it"—I said "This is my master's son, he will tell you where I am going to with it," and he told him that his father had bought it of Page—I was taken into custody and Armstrong's son, and pony and cart.
CHARLES ALEXANDER ROBINSON . I live at No. 81, Old Woolwich Road, and am an iron merchant and marine store dealer—I remember some iron being brought to me by the carman of Armstrong on January the 11th—I had a running account with Mr. Armstrong—he would send me old metal and I would send old metal to him—I had no arrangement with him about the metal that came to me on the 11th—it merely went into the running account with us—there was 14 cwt. 1 qr.—the first lot was 60 bars—I estimated the value of it to be 4l. 15s. pet ton—the 60 bars would come to about 3l. 10s.—soon after the 60 bars arrived I saw Mr. Armstrong and he said he wanted a little cash and asked me to advance him some money—I gave him a cheque for 10l. on his I O U—it was to go to his account, to the end of the month—it is money lent—there was no further consideration—he did not say What further amount of iron was coming—it was about 12 o'clock in the day—no more iron came.
COURT. Q. Did you consider the iron bars such as you got, old iron? A. I often buy new iron as old.
Cross-examined by MR. WILLIAMS. When I lent him the 10l., I did not ascertain the amount of iron coming—I have known Armstrong in the neighbourhood eight years, and have had a great many transactions with him—when the iron was found on my premises, it was along side the other iron in the yard.
Cross-examined by MR. MATTHEWS. When the iron was brought to me originally, I did not know it was Swedish iron.
THOMAS JONES . I am the prosecutor in this case, and a member of the firm of Jones, Petter, and Co., of 14, Trinity Square, Tower Hill—I had 830 bars in the barge Joshua, and the 72 were part of what had to be conveyed in the Berendina to Cephalonia—it was Swedish iron—from 18l. to 20l. would be the value of the iron stolen—I saw the 62 bars that were found, and the ten bars in the cart—I will swear they are similar bars to
those that were on board the Berendina—I can swear to them by the triangle and the "C. M. "in the centre.
Cross-examined by MR. MATTHEWS. There is similar iron imported into this country, but not of the same brand.
WILLIAM HOOPER (Police Inspector R). I went to the premises of Armstrong—he was not aware that his son and carman were in custody—he was asked by another constable whether he had sent any iron to flobjnson's, and he said he believed he had.
ARMSTKONG received a good character.
PAGE— GUILTY — Eight Months' Imprisonment.
MR. HOLLINGS conducted the Prosecution.
WILLIAM LASHMORE . I am an assistant to Weeks and Payne, drapers, of 128, High Street, Walworth—on 16th January, about 7 o'clock p. m., I saw the prisoner break the string and take a pair of boots from a bundle which was tied to a bar outside the door—I spoke to the assistant, and went and brought her back—these are them—they are worth 4s. 11d.
Prisoner. Q. Did not you see me pick the boots up 1 A. No; you broke the string, and went away with the boots.
WALTER NEWELL . I am an assistant to Weeks and Payne—Lashmore spoke to me, and I went after the prisoner—I found her about 3 yards from the shop, walking with a man—I touched her on the shoulder, and said "You have stolen a pair of boots"—I took her back to the shop, and she said "I was just going to bring them back"—I gave her in charge.
Prisoner's Defence. I had my baby in my arms, and saw the boot lying down, and picked it up.
Recommended to mercy by the Jury in consequence of the temptation.
Three Months' Imprisonment.
MR. AUSTEN METCALFE, conducted the Prosecution.
WILLIAM LAMING . I am a currier, of 3, London Street, Dock Head, and work at Blackey and Mowbray's—there is a large number of men in their employ—the prisoner works there—on 27th January he was blackguarding me all day—I took no notice of it, but kept on at my work—when I was having my tea, I could not stand it any longer, and I said "James, what do you mean?" and I touched him—I immediately saw this knife (produced) falling down, and I recollect nothing else till I found myself in the hospital—I still feel weak all over, and suffer pain—I just shoved the prisoner against the wall, no further.
Prisoner. Q. Did not you strike me twice? A. No, I shoved you, but only once.
words I heard were the prisoner palling Laming a moocher—he rote form his seat, went to Scott, and asked him for an explanation, but none was given—Laming held up his fist, bat I do not think he struck him—he asked him why he called him a moocher, and as Laming was coming away Scott up with his knife and struck him a blow—he made an aim at him, and Laming held up his arm to protect himself—Scott did not pick up the knife, he had it in his hand—Laming was picked up and taken to the hospital—Scott came in at 6 o'clock, and it asked him if it was anything serious—he said it was only a little nick.
Prisoner. What you say is false.
JAMES DIMMOCK . I am in the same employ—they began by chaffing each other, and then they got to words, and the prisoner called him a moocher—I don't know what that is—Laming rose from his chair and asked him what he meant, and shoved him against the wall—Scott rose the knife, Laming raised his arm, and it struck his arm—this is the knife—it struck him with this part; it was not done in the way to chop any one down, but Scott was intoxicated. (The knife Was about a yard long, screwed into a heavy wooden frame.)
PIE SMITH . I am junior house surgeon at St. George's Hospital—on 27th January Laming was brought suffering from a cut oh his left fore-arm 3/4 of an inch deep—it divided two or more tendons and, probably, the large artery—there was a good deal of bleeding—in all probability there will be some permanent injury to some of the fingers—this knife would have caused it.
GUILTY .— Eighteen Months' Imporionments.
MR. RIBTON conducted the Prosecution.
HENLEY PAYNE , I am a hay salesman, of Clerkenwell—on 11th January. a load of hay, value 2l. 7s. 6d., was delivered to the prisoner to take to Mr. Bliss, of Brixton—when he came back the cart was empty, but I did not get the money for it.
Prisoner. Q. Did you give me the ticket for that load of hay? A. Yes, my writing is on it.
JOSEPH WAKEFIELD (Detective Officer). I took the prisoner on 18th January, and told him the charge—he said "I did not steal it; some man took it off the cart, I don't know who'"—I said "You will be changed with uttering a forged receipt"—he said "I did not do it: the man who had the hay done it."
Prisoner's Defence. I was going down Blackfriars Road and two or three men stopped me, and asked me the price of the hay. I took the note out and showed them. They asked me to have some drink; I went to a public-house with them, and afterwards, as we went on, I came over very queer, and whether I delivered the hay at the right place or the wrong I don't know.
GUILTY .— Twelve Months' Imprisonment.
MR. GOODMAN conducted the Prosecution.
JAMES BENHAM . I keep the Black Prince public-house, Walworth Road, and am seventy-two years old—on 7th January, about 9 o'clock a. m., I was carrying this bag under my coat tail, and was pulling the door open with my left hand, and when I had got it open about 9 inches the prisoner threw a lot of snuff into my eyes—my left eye was blinded and my right eve partially blinded—I held the bag firmly; he gripped his hand down my right arm, caught hold of the bag, and tried to get it—I struggled with him two or three minutes, and when he found he could not get the money he struck me right and left across my forehead, and inflicted three or four wounds—I have had a headache ever since; I have never been well since—he then managed by main force to get the bag from me, and immediately ran off with it—I followed him, and caught him about 60 yards from my own door—I put my hand over his left shoulder to grasp his collar and he gave me a punch in my ribs, which gives me pain still, and knocked me down, grazing my knee, which will make me limp for life—I followed him to the corner of the New Kent Road, and he was stopped by a policeman—I followed—the prisoner retained his hold of the bag, but it was taken from him—it contained 30l. in gold and 23l. in silver.
Prisoner. He was carrying the money openly in his hand, which was tempting to any one. Is it likely I should knock him down with hundreds of people passing? It is false about knocking him down.
WALTER ANTELOW . I live at 34, Rockingham Road, Newington—about 9. 15 in the morning of 27th January I saw the prisoner strike the prosecutor on the ribs and on the forehead, and run away with the money; he was stopped by a constable, and the prisoner and the constable both dropped down together in the struggle.
HARRY FLATMAN I am the prosecutor's barman—on 27th January, a little after 9, I served the prisoner with a half pint of half-and-half—I afterwards heard a struggle, and called Mrs. Benham—I then went out and followed them, and kept them in sight to the New Kent Road—I saw snuff on Mr. Benham's face, and his eyes were watering very much.
BARBARA BARNETT . I am the wife of Thomas Barnett, of East Square, Penge—on 27th January I was sitting in the Black Prince, and all of a sudden there was a fearful scuffling between the prisoner and the prosecutor—I saw the prisoner give the prosecutor a push in the face, and it seemed as if his fist was doubled—he ran out, and the prosecutor ran after him.
HENRY TURNER (Policeman M 48). I was on duty and saw the prisoner running without a hat—there was no cry after him—I saw Mr. Benham coming up with his hands to his eyes—I ran about 500 yards, and caught the prisoner from behind, and we both fell, and this bag became untied, and the silver flew over the road, but the 30l. in gold remained in it—I rolled him in the thickest of the silver, as there was many people round, and only 2l. 11s. was lost—the prosecutor then came up and said it was his property—I told the prisoner I should take him—he said, "Very well, I did do it, and I should like to have got away with it"—on the way to the station he said, "I have been watching the old man some time; I thought I should have been able to do it better than this"—a cap found on the premises was given to me; I asked him if it was his; he said, "Yes"—I said "When did you wear it last 1" he said, "It might have been a day or two
ago, it might have been this morning"—I found this paper of stnff in his pockot and some matches and a taper.
The Prisoner's statement before the Magistrate: "I never struck him at all; he put his hand on my shoulder. I darted forward, and he slipped. It is my first offence."
Prisoner's Defence. The snuff is what I take myself.
GUILTY .— Five Years' Penal Servitude and Forty Lashes with the Cat.
Before Mr. Justice Honeyman.
MR. BESLEY conducted the Prosecution.
GUILTY of the attempt. — Eighteen Months' Imprisonment.
MR. BESLEY conducted the Prosecution.
GUILTY of the attempt. — One Month's Imprisonment.
MR. HARRINGTON conducted the Prosecution.
WILLIAM SCOTT . I am a beer retailer, and reside at the Swiss Cottage, Manor Place, Walworth—on the 11th of January last, about 11 o'clock at night, I was in Friar Street—two men got hold of me, one on each side, and a man who came round a corner tripped me up—I was thrown down—I said "Don't murder me"—one of them kicked me in the head whilst I was trying to shove him off—there is a hole now in it—you can put a nut in it—this collar (produced, smeared with bleed) I had on at the time—they ran away—I felt them both have their hands in my pockets—I could not swear which of them took the money—when I came away from home I put 33s. in my pocket, and I had a silk handkerchief—before the men seized me I had two or three threepenny pieces in the right-hand trousers pocket, and 6s. or 7s. in the left-hand pocket—while I was down, a little boy ran and called his father, who came to my assistance—the men then ran away—where they went to I do not know—I do not remember seeing prisoner before he was at the station—I said I would not press the charge at the station, as I did not want the trouble of it.
SQUIRE SEEDS . I live at 38, Hill Street, Wellington Street, Blackfriars Road—about 10. 45, on the night of the 11th January, as I was coming round the corner from Friar Street into Hill Street, prisoner and another young man I saw had hold of the prosecutor—I thought there was something the matter, and I did not walk so quick—I walked as still as they did—when I got to my door I stood and watched them—they could not see me—the prisoner and another man brought Scott down the street—I am positive prisoner is one of the men—when they got nearly opposite my door, on the other side of the street, both of them put their legs in front of Mr. Scott, and threw him on his face, and I saw the prisoner kick Scott whilst he was down, and afterwards both of them knelt down and put their hands in his pockets, one on each side—I knocked at the door, and my father came out and said "You big thieves"—just as he said that, they jumped up and ran away—I and my father ran after them—my father got nearer to them than me—he was about 3 yards off them—I never lost sight of them—I am certain the prisoner is one of the men.
JOSEPH SEEDS . I reside at 38, Hill. Street—on the 11th January, about 11 o'clock in the evening, my son knocked at the house-door, and shouted for me, and I went out—I saw the prosecutor down—he was bleeding, and two men had their hands in his pockets—I ran to them—they got up and ran away, and I ran after the prisoner and shouted "Stop thief!"—I kept within about 3 yards of him, until he ran up against another man, who broke his way, and I got hold of him—I did not see prosecutor kicked—I am sure prisoner is one of the men—I know his face and features—I had hold of him by the scuff of the neck, and brought him up.
HENRY GOODMAN . I live at 131, Suffolk Street—on the 11th January, shortly after 11 o'clock in the evening, I heard a cry of "Stop thief!" at the corner of Hill Street—as I was turning the corner prisoner knocked me down against the corner house, but I picked myself up and ran after him, and caught him almost as soon as Mr. Seeds—a person who was along with Seeds said that the prisoner had knocked a man down and robbed him, and brought him back from Belvedere Place—blood was running down prosecutor's neck—I had no constable nor anybody to assist me—I threw him in Suffolk Street twice, and he throwed me—a constable then came, and assisted me in taking him to the station—I never lost sight of him after he knocked me down—I am positive he is the man—he threw some money away in Belvedere Place, and said he would go back with me before I had the encounter.
GEORGE BEST (Policeman M 194). I saw a crowd of people in Great Suffolk Street—I went to them and I saw the prisoner scuffling and trying to release himself from Goodman—I took him into custody and at the station he was charged and did not say anything—I found 3 1/4; upon him.
Prisoner's Defence. Scott said I had done no harm to him, and that I was innocent.
GUILTY .— Eighteen Months' Imprisonment and Twenty-Five Lashes with the Cat.
MR. COOPER conducted the Prosecution,; and MR. CHARLES MATHEWS the Defence.
HARRIETT ANN ROBERTS . I live at 101, Blackfriars Road, and am single—on Friday afternoon, the 10th of January, between 3 and 4 o'clock I was going along Queen Street—I had a bag in my left hand with a purse in it, in which there was 8l. 10s. in gold and silver—there were two handles to it—as I was going along by the wall, near the workhouse, some one came and stepped between me and the wall, pulled at my bag three times, and I fell down on my side—I could see the man's face plainly—he was only about a 1/4; of a yard from me—he took the bag away; I cried out as well as I could, and he ran off—on the Tuesday following I went to the police-station and the prisoner was there—I recognised him, and he said to me "Mother, I did not kick you"—before that I had not said anything about being kicked—I knew the prisoner—I am quite sure he is the man—I went into Tomlin's, a public-house, first, and changed a 10l. note—whilst I was there I saw two men and a female in the place where I was—I recognised the
prisoner as one of the men—Whilst I wee shopping, first of all I went into a confectioner's, and I saw a man looking through the window at me—he could have seen me get change for a note which I changed.
Cross-examined. I am rather short-sighted and hard of hearing—this robbery occurred a little after 4 o'clock—when I went to identify the prisoner there was no one besides him—I do not know whether I was asked if I could identify the prisoner as the man who robbed me.
THOMAS DAVID CHARLOTTES . I am barman at the Anchor and Hope public-house—I remember the prosecutrix being at my house—I saw her change a 10l. note, and receive between 8l. and 9l. and some silver—prisoner and a man and a woman were in the same compartment—immediately after the man and woman went out together—I heard prisoner say to his friend. "Watch her, "whilst she was there—that was just about the time when she was leaving—it was about 4 o'clock When she left the house, and about 6 o'clock she Came back and made her complaint—about 10 o'clock on the Tuesday after I was called to the station—I saw there about ten men, and I was asked to pick out the man and I selected the prisoner.
Cross-examined. The head-barman saw the prisoner in the bar with me at the time I heard prisoner say "Watch her"—he served the prisoner; I did not.
WILLIAM SMITH . I live at 10, Great Charlotte Street—I remember standing on the opposite side of the way when I saw an old lady walking, and I saw two men come up behind her and take a bag from her; the lady fell down—one of them put the bag under his arm—they ran down Queen Street—I ran after them—I saw the lady after that—I could not catch them—I went home with the prosecutrix.
THOMAS PHELAH (Detective Officer). On the 14th last month I apprehended the prisoner at the "Crown" public-house, New Cut—I told him what I apprehended him for; and took him into custody for stealing a bag, containing 10l., from a lady in Queen Street, on the 10th January—I was at the station when the lady came to identify him—I heard him say when he was describing the nature of the property to the Inspector, "Mother; I did not kick you, did I?"
GUILTY — Two Years' Imprisonment.
Before Mr. Deputy Recorder.
MR. R. N. PHILIPS conducted the Prosecution.
ARTHUR BRISLMT RYE I am a Fellow of the Royal College of Surgeons, and live at 39, Sydenham Park—about ten minutes' or a quarter-past 4 o'clock on the afternoon of 14th January I was passing the end of Mint Street, on my way home—there were several boys there; one of them ran at me suddenly and snatched my albert chain, Which was attached to the button hole by a bar—I seized my watch and the swivel broke from it—the man escaped up Mint Street and through a narrow passage with the chain and its appendages—I followed him very closely up various bye-streets—I gave an alarm—sometimes I was within 20 yards of him—on his turning a corner suddenly I lost sight of him; he must have gone into a house—he could not have run the length of the street that he turned into—I gave information to the police, and next morning I was shown seven or eight, or it might be, nine persons standing together at the police
station—I was not prepared, from the suddenness of it, to swear to the identity of the person, and I declined doing so—I believe the prisoner is the man, though I can't swear positively to it—he was standing the third from the top, and my opinion is that he is the man.
Cross-examined by the Prisoner. I should think there were six or seven drawn up in a row—it may be eight or nine—there was a constable with one, and I said I was not prepared to swear to the man—I told the Magistrate so, and I say so now—I saw the constable at the corner of the street where I lost sight of you—I was about 30 yards behind the man when he turned the corner of the street—I went round the same corner—I lost sight of the man, and I walked up the street and met the policeman—I told him what had happened—he said "I saw you running after a man; you had better go back to the station"—some women came up—I don't know what they said—they did not seem to know anything about it—there was no one with me when I was robbed—a woman went into the police-station with me and the constable—she said she saw it, or something—I did not know that woman—she came and volunteered a statement, and they took her address at the station—she said she saw the boy snatch the chain—I did not ask for her to come up as a witness—I left it in the hands of the police.
JOHN DUNN (Policeman M 98). About 4.30, on 14th January, I was in Mint Street—I saw the prosecutor running after the prisoner—I knew him before perfectly well—I was at the bottom of the street, near the workhouse, and he came from the top—I was not near enough to run after him—I lost sight of him—there were three or four turnings he could turn—I had seen him ten minutes before the robbery, at the corner of Mint Street, with three or four others—I saw him the same night at the police-station—I am sure he is the man—I sent the prosecutor with a constable to the station, and I met a detective and told him who it was, and he was apprehended.
Cross-examined by the Prisoner. I lost sight of you at the corner of Duke Street—whether you went into Red Cross Street or Duke Street I can't say—I did not see you when I got to the top of the street—I saw the girl that lived with you, and she said you went into Orange Street—the prosecutor was going towards Southwark Bridge Road—I told him to go to the station, and I would see after you—he ran by me—I saw you going into the red house—the prosecutor ran by me—I did not see him at the top of the street.
DAVID JOHN LEWABN (Detective Inspector). I apprehended the prisoner in the Westminster Bridge Road, about 11 o'clock, on the evening of the 14th—I told him I should take him into custody for stealing a chain and a seal from a gentleman that evening—he said "All right; I will go with you."
Prisoner's Defence. I have been here three or four weeks, innocent, and if I get imprisonment it is through having no one to speak for me. I hope you will look it over, and say the case is not clear against me. No one saw me do it; and the man can't swear to me. If he was in the woman's company he lost it there, I have no doubt.
NOT GUILTY .
MR. MEAD conducted the Prosecution; and MR. BESLBY the Defence.
The prisoner was tried on this indictment at the last Session, and the Jury,
being unable to agree, were discharged without a verdict. The evidence then given was repeated, and the Jury found the prisoner— NOT GUILTY .
Before Mr. Justice Lush.
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLIAM JOHN PAYNE . I am Coroner for the City of London—I held an inquest on the body of Robert Atkins at Guy's Hospital—the prisoner attended there and gave evidence—I took down in writing the statement that he made—he gave it on oath voluntarily; he was put forward as a witness by the solicitor who represented him—(Read. "JOHN BUTLER, captain of the 'Confidence' billy-boy, of Boston,—Atkins was mate of that vessel; his name was Robert Atkins, his age from 40 to 50 years; being cautioned, says: 'I am willing to tell the Jury all I know about this. I left the vessel at Blackwall on Friday morning, December 6th; the water pilot was to bring the vessel up at the next flood tide, and she would get to London Bridge next morning about 5 o'clock. My wife was on board, Atkins, and Gilbert, and the pilot. I went on board the same evening, and the pilot left, &c. At low water, about 1 or 2 in the morning, I saw Atkins again, when the vessel swung, his head was not hurt. We had then to haul in the ropes again; Atkins had not then got on deck; Gilbert was down below. I knocked Atkins up; he had not come up when I ran forward. As I ran forward I accidentally catched my foot against something and knocked it down the forecastle. The hatch was off; I kicked a piece of iron; it was not the poker. Atkins then sung out to me; he said 'You have hove a winch handle at me.' I had not done it. He came up out of the forecastle; he went down again. He said his head was bleeding. I went down and looked at it; it was bleeding. Gilbert was then in bed; I think he was asleep; he never spoke. I told my wife that his head was cut, and she went to him. I did not heave anything at Atkins at all; when I stumbled over the iron I did not see Atkins, he was in the forecastle. I did not throw anything down the forecastle to wake Atkins; he remained in the forecastle, and left next morning. I did all the work myself; then I went into the forecastle. I found a piece of iron that had been a marlingspike that had been on deck, and that, I think was what I kicked. By the Jury.—There is a combing about 5 inches deep. The piece of iron weighed, perhaps, 2 lbs."
Cross-examined. The verdict was that the deceased died from the injury, but that there was not sufficient evidence to enable the Jury to say how that injury was occasioned.
FRANCIS JAMES CAREY . I was house-surgeon at Guy's Hospital on 13th December, when the deceased was brought there—he had a suppurating wound on the left parietal bone, an inch and a half in length and half an inch in width—the bone itself was contused and inflamed—the skull was not fractured—the scalp was raised towards the middle line of the skull—in the evening he became delirious, and, on the following Tuesday, he was trephined—if he could be said to have a chance at all, that was the only chance—he afterwards died—the cause of death was inflammation of the membranes of the brain, the result of a blow with a blunt instrument—I think it must have been a blow either with an instrument held in the hand,
Or shortly after it left the hand; from the position and character of the wound—it was on the left side of the top of the head—it must have been a blow of considerable force.
THE COURT Was of opinion that there was no evidence to go to the Jury.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ELIZA DOYLE . I live with my husband, John Doyle, at 30, Mint Street, Southwark—the deceased, John Mahoney, lodged with me, and Rebecca Powsey lived with him as his wife—on Saturday night; 30th November, about 12 o'clock, therd was a row at the Union public-house, about 100 yards from our house—Mahoney was there—about 12. 10, he came in, went into the kitchen, looked round, and went out again, and stood on the step of the door with his hands in his trousers pockets—while He was standing there, Rebecca Powsfcy came up to him, and after that the prisoner came up, and said "Now, Figgy, I have got you," and he struck him on the head, and knocked him" down in the passage, with a poker—Powsey came between them, and fell on the top of him, and her arm got fractured with one blow—the prisoner struck Mahoney three blows on the head with the poker, when he was on the ground, and Mahoney said "Bos; don't kill me, quite"—the prisoner then got up, and ran away—there was blood in the passage; I swept it out with a broom—a crowd collected, and Mahoney was taken into the' kitchen—he was not insensible, to my knowledge—he did not send for a doctor—about a fortnight after, he was getting better, and he had a fight with one bf the lodgers, William Hall—I saw his head bleeding, and he went to the hospital the next day, and had it dressed—he did not complain to me at all the fortnight before this fight with Hall—he was getting better of the bruise—he and Hall did not fight long—the prisoner and deceased were good friends when they were Sober, but when they were a little the worse for drink they were always quarrelling—I don't know what about.
Cross-examined. This place is popularly known as the Mint—there are all classes there; most of these people were Irish—before Mahoney came to the door of my house, there had beem a row in the public-house—that is not an unfrequent occurrence there—after he was struck with the poker he made no cbmpdaint auring the whole fortnight—he had no medical attendance—he went to the hospital the day after he received the injury from Hall, and he had his head bandaged up—I was not there during the whole of the time the fight took place with Hall—the fight was in the kitchen—it was furnished like an ordinary kitchen—we have no poker in the house at all—I have one myself—it is not allowed in the kitchen—there was one in my room—coke is burnt in the kitchen—I can't tell you how many rooms there are in the house—it is not my house; it belongs to Mr. Levy—it is a common lodging house; ninety-seven people lodge in the house—we don't have any poker in the kitchen—I gave evidence before the Magistrate and Coroner—there was blood on his face after the fight with Hall.
Re-examined. I saw the poker that Mahoney was struck with—it was not one of our pokers—the prisoner had lodged with me but not
lately—whan Mahoney went out to the door he had nothing in his hands—his hands were in his pockets—he did not tell me what he was looking round the kitchen for.
REBECOA POWSEY . I am single—I lived with Mahoney for about two years as his wife—at the time this Was done, I lodged with Mrs. Doyle—on 30th November I went to the Union public-house—there was a raffle going on—Mahoney was up stairs in the raffle room—I was in the bar—the prisoner ran in and kicked me and hit me—I did not know what he did it for, and he ran away then—I got behind a woman named Johanna Harris, to save me—the prisoner seemed to be the worse for drink, I think, or else he was mad—I had a pint of beer in one of these long-necked stone bottles, and was coming up home from the public-house to Mrs. Doyle's house, and the prisoner, as I came tothe door, lifted a poker and hit Mahoney on the head, and the fell—I did not see Mahoney till I got nearly to the door—I then saw he was standing at the door—his hands seemed to be down at his side, just as if he had them in his pockets—the prisoner hit him on the head with the poker—he said something, but I could not swear what it was—I soreamed, and ran between them; at least, threw myself more on Mahoney—I said "Oh, Bos, don't; don't kill him," and with that the poker came down again, and fractured my arm—he struck him when he was down, and mode blows at him with the poker while he was down—I ran in the kitchen to get somebody to carry Mahoney in, and before I came out the prisoner was gone—I staunched the blood—he was always complaining of his head afterwards—I believe he had a fight with Hall a fortnight afterwards—when I came in they were jangling—I did not see any blows given either way—he went to the hospital on the 1st January—he had been two or three times, and the nurse at Guy's Hospital used to dress his head—that was before he-had the fight with Hall—I know he went, because he came back with his head down up—we left Mrs. Doyle's house, and went to live opposite, a week or so after the row—I saw the deceased in Newington workhouse afterwards—I was up with him three days and three nights; but his mother took him home, and he went to Lambeth—I did not see him dead—I did not notice the poker he was struck with.
Cross-examined. I did not say before the Magistrate that the prisoner was so drunk that he did not know what he was about—I said he was in drink, and he could not know what he was about—he was more like a madman than anything else—he was at Newington workhouse eight days, I think, and his mother took him out and took him home for a few days, and then he went to the Lambeth infirmary—the prisoner told me he did not know where he got the poker from—Mahoney had been having drink, but was not drunk.
GEORGE UPSON (Detective Officer M), I was with Smith, the Coroner's officer, when the prisoner was taken into custody on the Coroner's warrant—Smith told him that he would be charged with striking John Mahoney on the head with a poker and causing his death, and he cautioned him that if he said anything it would be used in evidence against him—he made no reply—the Coroner's Jury returned a verdict of manslaughter.
ANN MAHONEY . I am the wife of Patrick Mahoney, a labourer, and live at 17, Francis Street, Westminster Road—the deceased, John Mahoney, was my son, he was twenty-six years of age—he died on 8th January at Lambeth workhouse—I brought him there from Newington workhouse.
workhouse—on 1st January, about 6 o'clock in the evening, the deceased, John Mahoney, was brought in—he was suffering from paralysis of the left side—there was a scar on the top of his head, in the middle line, of a recently-healed wound—it had been done from a month or three weeks to six weeks—he died about 11. 55 on the night of the 7th—I made a postmortem examination—I treated him for paralysis—he made a statement to me—he said he was suffering from an injury received—at the post-mortem I found there was on the scalp a wound just by the centre of the middle line, and at a corresponding point inside the skull, the membranes of the brain were attached to bone, just at that spot; beneath that was a patch of organised lymph, and beneath that again, in the right hemisphere of the brain, was a large abscess, containing about four ounces of matter—the other organs were, generally speaking, healthy—the cause of death was the abscess inside the brain—I think that a blow on the head with a poker would be likely to have caused the appearances I found in the head—the abscess would take some time to form and develope itself—I should have expected to find the abscess in that state if the wound had been given on 30th November—it agrees with the testimony that I have heard to-day—I think such a blow, given on 30th November, would be likely to have caused it—I don't think it could have been caused by a blow from a fist.
Cross-examined. Any blunt instrument would have caused the wound—from its position I think it was almost impossible it could have been caused by a fall against a wall or a fender, unless he fell head foremost; that would do it—I presume if it had been inflicted ten days or a fortnight, afterwards the appearance of the wound would be the same, but I think from three to six weeks would be the period in which it had been inflicted—that is a mere speculative opinion—I saw some white lines on the head, which were very old ones indeed—there were three I think.
ELIZA DOYLE (re-examined). I saw part of the fight with Hall, not all of it—I am not aware that Hall had anything in his hand at the time; I did not take sufficient notice—they both fell during the fight—it was in the kitchen—I don't know whether he struck his head against the fender or anything—I only saw him fall once—I was busy lighting the people to bed.
Prisoner's Statement before the Magistrate. "He began rowing with me; he and his mates knocked me down. A man they called Church hit me over the head with a stick; that was just as the houses were shutting up. I gets up, and had two cuts on my head, and was carried indoors. I got up and went out to look for a policeman, and as I was passing Mrs. Doyle's door Figgy Mahoney and two men lays hold of me; in the struggle I threw him on the kerb. I gets up and goes indoors to go to bed; the same three men came in where I was living, and knocked me down with a stick in the kitchen, and the landlady went and fetched a policeman, and he turned them out. On Sunday, again, the same three seized me and were knocking me about, and a policeman told them if they did not go off he would lock them up."
NOT GUILTY .
ADJOURNED TO MONDAY, 3RD MARCH, 1873.