CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 7TH, 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, April 7th, 1873, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW KNT., LORD MAYOR of the City of London; The Hon. Sir ANTHONY CLEASBY , Knt., one of the Barons of Her Majesty's Court of Exchequer; The Hon. Sir JOHN RICHARD QUAIN , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir JAMES DUKE , Bart., THOMAS QUESTED FINNIS , Esq., WILLIAM LAWRENCE , Esq., M.P., WILLIAM FERNELEY ALLEN , Esq., Sir JAMES CLARKE LAWRENCE , Bart., M.P., and Sir FRANCIS WYATT TRUSCOTT , Knt., 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. SIXTH 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, April 7th, 1873.
Before Mr. Deputy Recorder.
MESSRS. CRAUFURD and DEMICHELE conducted the Prosecution.
ELIZABETH FISHER . My husband keeps a beer-house, No.4, High Street, Bow—on 5th March the prisoner came there; he had been there before—I was serving in the bar—he asked for a half-pint of 4d. ale, which would be Id, and paid me with a shilling—I did not look at it—I put it in the till, and gave him change—there was no other money in the till when I put the shilling there—the prisoner sat down for some little time, drinking his ale—about three quarters of an hour afterwards I had to send out for something in a hurry, and I gave the shilling to my niece, Sarah Ash; she came back with it—I then found it was bad, and marked it—I kept it by me till the 18th, when I gave it to the constable—I had several times found bad money in my till after the prisoner had been there, but I never suspected him—on Saturday, 8th March, he came again, and asked for a pint of 4d. ale and a screw of tobacco, which came to 3d.—I served him; he paid me with a 2s. piece—I said to him, "You were in on Wednesday"—he said "No; I don't think I have been in all the week"—I said "Yes, you were in, and you then gave me a bad shilling; I shall try this, and see if it is bad"—I tried it and it bent—I then said "I shall detain you," and I gave him in charge—he asked me not to give him in charge—he held out a half-crown, and said "Will you take for the bad money out of this half-crown, and let me go?"—I said "No"—he did not ask me to take the half-crown for the florin, but for the shilling—I sent for a policeman and gave him in charge, and gave the florin to the policeman, and the shilling I gave to the officer at the station on the Monday.
Prisoner. Q. Had you not two bad shillings in your hand on the Saturday? A. No; I took a shilling from a woman, a companion of yours, on the Saturday before, and I took both the shillings to the station to show
the officer on the Saturday—I did not examine the shilling you gave me at the time—I had no opportunity in the hurry of business.
CHARLES UNWIN . I live at No.3, Somerset Street, Old Ford, and am a labourer—on 5th March I was in the Half Moon public-house—I saw Mrs. Fisher serve the prisoner with a half-pint of 4d. ale, and he gave her a shilling—she put it in the till.
Prisoner. Q. What had I with me? A. Two fowls in a basket—I saw you put the shilling on the counter.
SARAH ASH . I am the niece of Mrs. Fisher—on 5th March she gave me a shilling—I took it to Mr. Cramp's oil shop, and gave it to Mr. Wolf—he gave it to Mr. Cramp, and he gave it back to me, and I took it back to my aunt.
ALBERT WOLF . I am assistant to Mr. Goodrich, an oilman, at High Street, Bow, opposite Mrs. Fisher's—on 5th March Miss Ash came and gave me a shilling—I gave it to Mr. Cramp, the manager—I believed it to be bad—Mr. Cramp gave it back to her, and she left with it.
JAMBS FIDGER (Policeman K 114.) On 8th March I was called to Mrs. Fisher's and received the prisoner in custody, with this florin—I told him the charge—he said "I will come with you quietly"—Mrs. Fisher said at the station that he had been in on Wednesday the 5th, and had passed a bad shilling—he said "If I passed a bad shilling then why did you not tell me of it at the time?"—I received this shilling on the Monday, the 10th, from Mrs. Fisher—I found on the prisoner a good half-crown and 2 1/2 d. in bronze.
The Prisoner put in a written defence, stating that he took the florin of a lady to whom he sold some oranges, and that he did not know the shilling to be bad.
NOT GUILTY .
Second Count—Receiving the same.
MR. LANGFORD conducted the Prosecution; and MR. RIBTON defended Mann.
GEORGE SMITH . I am a fancy boxmaker, and occupy Nos.1, 2, and 3, Glover's Hall Court, in the Parish of St. Giles, Cripplegate Without—on the night of 11th March, at 8 o'clock, I locked up the premises—at 9 o'clock on the morning of the 12th I went to the premises—I found the area grating had been broken open, and the two counting-house doors—my cash-box and travellers' desk were broken open, and a box of cigars taken away—they had been safe in my cupboard over night—the cellar grating was safe the previous night—the cigars are here—I saw them at the Bow Lane Station at 9 o'clock.
Cross-examined. The cash-box was taken out of the cupboard underneath the safe—the cupboard was not locked; there was no money in it—I have not used the cash-box for the last twelve months—it was locked—there was nothing in it except some cheques returned from the bank—there was nothing in the travellers' desk, only a few papers of no value—the box of
cigars was taken away altogether—T have had them in my place three years, and the box I made myself to put them in.
GEORGE PINE (City Policeman, 129.) On the morning of 12th March, about 2 o'clock, I was on duty in Glover's Hall Court, by the prosecutor's house—I noticed a light over the fanlight—I listened at the door, and heard someone whispering in the house—I called the attention of Allison, Police Constable 619, who lives on the premises at No.1—he let me in at No.3—I went to the first floor—I found Edwards in the first floor front room—I told him he would have to come to the station with me for being on the premises—he fumbled about, and he threw this piece of wedge behind him—I searched him, and found a bunch of eight keys; they are ordinary keys—Allison had Mann in custody—I searched Mann at the station-house, and found on him 5s. 1d., a cigar-holder, and some matches—he said nothing—I asked where he lived; he refused to give any address—after the prisoners were taken to the station I went back to the premises and there found these crowbars, one on the table in the inner office, and one in the outer office by the desk, a piece of composite candle on the inner table, and this broken piece of wood; it is part of the beading of the inner counting-house door, which had been forced—I found this cash-box in the counting-house, it had been broken open, and this box of cigars was on the top of the cash-box, on the table of the counting-house.
Cross-examined. They were close to the cupboard—it is a small counting-house—the entry was made by the area grating—that was not broken open about 1.40, because I tried it—it was about 1.55 when I knocked at No.1—I knew Allison was living there—I did not look at the grating then; I had not passed it—Mann did not say that he was passing the grating, found it open, and went in.
HERNY ALLISON (City Policeman 619). I live at 1, Glover's Hall Court—the premises belong to Mr. George Smith, and also the next two houses—on the morning of 12th March, about 2 o'clock, I was disturbed by Pyne; I went down stairs and saw the two prisoners in the inner counting-house, on the ground-floor—I said "What on earth are you doing here?"—I called my wife and let Pyne in; the prisoners passed me by in a second and ran up stairs; I followed—Edwards opened the first-floor window, and was in the act of jumping out when I caught him by the back of the neck and pulled him on to the floor—Pyne took them then—I searched Edwards at the station, and found 5s. 1d., a watch, and Albert chain—I was not able to find out where he lived.
Cross-examined. I was called up by Pyne; I was in bed—it was about 2 o'clock—I did not dress at all—I ran down in a hurry—my wife came down a few minutes after—I have free access from one house to the other—no one lives in No.2—I had been over the house at 10.30—I did not hear Mann say that while he was passing he saw the window open and went in.
HENRY RANDALL (Detective Officer). On the morning of 12th March, about 6 o'clock, I went to the premises of Mr. Smith—I found a grating had been forced up, and also two doors in the counting-house—I compared the marks on the sill of the area-grating with the implements, and they corresponded exactly.
Edwards' Statement before the Magistrate. "That piece of wood is what we use in our trade, what the police calls a wedge."
he has been employed by me up to January—I found all right then, but latterly he got acquainted with a very bad lot and became beyond my control—he was in regular employment up to January, since then he has been jobbing about for himself—we had a disagreement and this has been the result—I live at 18, Central Street, Old Street.
EDWARDS was recommended to mercy by the Jury— Twelve Months' Imprisonment.
MANN PLEADED GUILTY** to having been before convicted in September, 1869— Seven Years' Penal Servitude.
DETECTIVE HINDS proved several convictions against the Prisoner from the age of eight years.— Seven Years' Penal Servitude.
NEW COURT.—Monday, April 7th, 1873.
266. JOHN FREEMAN BUNTING (38) [Pleaded guilty: see original trial image] , to feloniously forging and uttering an acceptance to a Bill of Exchange for 279l. 16s., with intent to defraud.— He received a good character.— Twelve Months' Imprisonment.
267. MARY MARTIN (35) [Pleaded guilty: see original trial image] , to feloniously uttering a forged cheque for 93l., with intent to defraud, after a previous conviction of a like offence.— Seven Years' Penal Servitude.
270. WILLIAM MASLIN (17) [Pleaded guilty: see original trial image] , to unlawfully opening and detaining certain post letters, the property of Her Majesty's Postmaster-General.— Eight Months' Imprisonment.
MR. GOODMAN conducted the Prosecution.
FREDERICK DOWNS (City Detective). On Saturday, 25th January, I saw the prisoners and another man together in Beech Street, Barbican—Cannon placed himself by the side of a lady who was looking in at a shop window, with the other two stood behind him; they left there and followed an old lady going in an opposite direction—Cannon walked by her side some little distance, and Jennings and the other man behind—she went into a newspaper shop in Red Cross Street—Cannon followed her in and stood by her side—I saw his hand down towards her dress—he came out and gave something to Jennings and they went away—I went in and spoke to the lady, I had some difficulty in making her hear, but I ascertained something from her and came out, but the prisoners had gone—I saw them again on Saturday, 1st March, in Barbican, with a third man—Cannon was following three ladies who went into a shop there—he followed them in, with his hands by the side of her dress—I got assistance and took the two prisoners into custody.
Jennings. Q. Why did not he take me into custody when he saw us on
the 25th, he allowed us to be away five weeks? Witness. I wanted to know whether I was correct; I wanted to be right before I took you.
SARAH HEDGMAN . I am a widow, and live at 12, London Wail—on 25th January I went into a shop in Red Cross Street—I had a purse in my pocket containing 16s. in silver, and a small tea caddy key—I had not been in the shop a minute when a detective asked me if I had lost anything—I put my hand in my pocket, and my purse and money were gone—I had had it a minute before to pay for the paper I had bought—I did not notice anyone in the shop—I never saw the prisoners till I saw them at Guildhall.
Jennings' Defence. If I was guilty I should plead guilty, but I am totally innocent of it.
NOT GUILTY .
In this case the Jury, after consulting an hour and a half, being unable to agree, they were discharged without giving any verdict, and the can was afterwards tried in the Third Court on Wednesday.
OLD COURT.—Tuesday, April 8th, 1873.
Before Mr. Deputy Recorder.
MR. BESLEY conducted the Prosecution; and MR. BRINDLET the Defence. The prosecutor in this case was a half'-brother of the defendant, both being foreigners. After the prosecutor's evidence was partly heard, MR. BESLEY, after consulting with MR. BRINDLEY, withdrew from the Prosecution with the sanction of The Court.
NOT GUILTY .
MR. METCALFE, Q.C., with MR. SLADE conducted the Prosecution; and MR. GLYN the Defence.
JOHN MCDIAMID . I am employed in the Post Office Savings' Bank—I produce a savings' bank deposit-book of Stephen Holman, Gibson's Hill, Norwood—the number of the book is 189, and was issued from the Crown Hill office, Norwood—the first deposit was made on 27th December, 1865, of 10l.—there have been subsequent deposits at the Crown Hill office—there are sums withdrawn—the first withdrawal was made at Chester—it bears the Chester stamp—the withdrawals were by a person at Chester—the first was on June 8th, 1872, and the second on November 2nd, 1872—one deposit was made at Chester on 18th July, 1871, of 3l.—the book was balanced in December, 1872—the balance for 1873 is 89l. 3s. 3d. to the credit of the depositor—if a depositor wanted to withdraw money he would first go to a postmaster, and get a notice of withdrawal—he must fill that up with the number of his book, he must state the amount which he wishes to withdraw, the office at which he wishes to be paid; he must affix his signature, and give his address—that form would be sent to the chief office, the signature would be compared, and the account examined with the ledger; a warrant would then be sent to the address of the sender, and a letter of advice to the post-office where he wished to be paid—the depositor's signature would be required to the warrant when it is presented for payment;
that is, to the receipt at the foot of the warrant—the deposit-book must be produced, when the money would be paid to the depositor that the payment may be entered in it—on 14th January this year, this notice of withdrawal was sent to the savings' bank, and came into my hands—it is dated the 13th, for the sum of 5l., payable at Norwood, S.E.—the deposit-book Dumber is 189, Norwood, Crown Hill, and the signature is Stephen Holman, Westow Street, Upper Norwood—I made out this warrant for 5l., and it was forwarded to the address stated, and a letter of advice was sent to the Crown Hill office at the same time—this warrant was returned to the Savings' Bank department, with the receipt signed, and stamped as paid with the stamp of the office—I received this notice of withdrawal on 22nd January—it is dated the 21st, for 5l., payable at the Norwood office to Stephen Holman, and the same address—the warrant and advice were made out, and forwarded—I received the warrant back, stamped as paid—on 4th February this notice of withdrawal came into my hands, dated the 3rd, for 79l., with interest to close the account—I referred to the ledger, and found 79l. to the account of Stephen Holman, and interest for the year 6s. 6d.—I made out a warrant for that sum to the Norwood office, and sent it—it was received back at our office on the 6th, stamped as paid on the 5th—the deposit account of Holman was closed, and the book was returned to the office.
ELIZA PHILLIPS . I am the wife of Henry Samuel Phillips, and keep the post-office at Crown Hill, Norwood—on 15th January I received this warrant for the payment of 5l. from the prisoner—he signed it "Stephen Holman," in my presence—he also produced this deposit-book, "189, Crown Hill"—I paid him the 5l., entered it in the book, and stamped it as it is now; I then returned it to the prisoner—on 5th February he came to the office again—he then presented the warrant for 79l. 6s. 6d. and signed "Stephen Holman" at the foot—I paid him the money, chiefly in notes—I stamped the notice—that closed the account—I kept the book, and returned it to the head office, and also the warrants—these notes are stamped with the Crown Hill post-mark, and dated 5th February—they were given to the prisoner, and formed a portion of the 79l.
Cross-examined. The first application was on 15th January, and there was no further application until 5th February—the prisoner signed the receipt in my presence—he did not ask me where to sign it—I handed him a pen, and he signed it.
MARIA SCOTT . I am employed in the post-office at Westow Hill post-office, Norwood—on 13th January the prisoner came there, and asked for a notice of withdrawal—I gave him a printed form—he said he was no scholar, and asked me to show him how to fill up the form—I filled it up for him—it was for 5l., payable at Norwood, S.E.—he signed his name, "Stephen Holman, Westow Street, Upper Norwood"—he then took it away with him—he produced this deposit-book, "No.189, Crown Hill, Stephen Holman, Gibson's Hill, Norwood, S."—on 21st January I saw the prisoner again—he came and asked for a notice of withdrawal as before—I filled up the form, and he signed his name the same as before—I returned the book to him with the form—the warrant was afterwards presented by the prisoner, and I paid it—he signed the receipt in my presence—the date of the withdrawal is the 22nd, and the date of payment the 24th January—he came again on 3rd February—he said he wished to take the whole of the amount, and close the account—I filled up the notice of withdrawal as before; it was
for 79l., with interest to close account—he again signed his name and address, and I gave him back the deposit-book.
Cross-examined. I made no inquiries of him; I treated the production of the book as a sufficient voucher, and after comparing the signature of the warrant to the signature in the book.
GEORGE JOHN EYTON MARSH . I am postmaster at the Westow Hill office, Norwood—the prisoner brought this warrant to the office for 79l. 6s. 6d., and he also brought this deposit book, No.189—I looked at our advices and found I had not such a warrant to pay, and I looked at the advice and found it was drawn at Norwood Crown Hill office—I gave the prisoner the warrant back and the book, and directed him to the Crown Hill office, to obtain the money—he went away.
Cross-examined. The prisoner never came and asked me whether he had any money in the savings' bank, and what amount—he did not show me the warrant and ask me whether it was right—I don't know that the prisoner is a depositor—I knew he lived about the neighbourhood—I knew him by sight, but I did not know where he lived—I know his brother Daniel is a depositor in the savings' bank.
STEPHEN HOLMAN . I am a labourer—in 1865 I lived at Gibson's Hill, Norwood—I left there in 1871 and went to Chester—while I was living at Gibson's Hill I made deposits at the Post Office Savings' Bank at Crown Hill—the first deposit was in 1865 of 10l., and when I got down to Chester I made a deposit of 3l. there—I made two withdrawals at Chester in 1872, and in December, 1872, I sent my book up to the head office in London to be made up—at that time there was a sum of about 89l. odd in my book—I did not receive my book back again, and I made some communication to the Post-office authorities—I know nothing of this Stephen Holman—I never authorised anybody to draw out any sums from my account—I did not know they had been drawn out until I communicated with the Postoffice authorities—this is my book, "189."
CHARLES JAMBS STEVENS . I am travelling officer of the Missing Letter department of the General Post Office—on 2nd February last I received a notice from Stephen Holman, of Chester, respecting a deposit book which was missing—I proceeded to make inquiries on the subject, in company with Smee—from information I received I went to Wood's Cottages, New Town, Norwood, with Smee, about 10 o'clock at night—we found the prisoner there, and he was taken to the Westow Hill Post-office by Smee—I followed him there—when we were there I told him I was an officer attached to the General Post Office, and asked him his name and where he lived—he said "Stephen Holman, 1, Paddock Gardens, Westow Street, Norwood"—I produced this deposit book, "189, "and asked him if it was his; he said "Yes"—I asked him if that was his signature at the beginning of the book, and he said "Yes"—I then produced the three notices of withdrawal, and said "Are these notices yours? are they in your handwriting?" he said "Yes"—I showed him the three warrants, and said "Is that your signature at the foot of the warrants?" he said "Yes"—I said "Have you received the money?" he said "Yes"—I asked him when he made his first deposit and where—he said "About five years ago, at this office, "meaning the Westow Hill office—seeing that the whole of the deposits bad been made at the Crown Hill office, I gave the prisoner into custody for forging and uttering the warrants—I said to him "You have continued to make deposits ever since at this office I"—he said "Yes, "and then directly "No,"
A friend of mine has made them for me, John Eldridge, waiter at the Hope and Anchor public-house, Acre Lane, Brixton."
Cross-examined. I saw the prisoner at No.3, Wood's Cottages—I did not know he lived there—he gave a different address after—I don't know whether his uncle or any of his friends are there—it is a private house—he lives in company with seven or eight persons there—I told him who I was at the Westow office, before I put the questions to him—he gave me the name that he wrote in his original deposit book—he gave the name of Stephen Holman, 1, Paddock Gardens, and I found that his correct name and address—he said he made the first deposit about five years ago—I am quite sure he did not say seven or eight years ago—I was examined before the Magistrate, and this is my signature—I said there that he made it about seven years ago—I asked him at what office he had made the deposits, and he said "This office, "that was Westow Hill—that book is on the Grown Hill office—he said the money was his, in answer to the question I put to him; that he had withdrawn it, and could account for it—Eldridge, the person to whom he alluded, was called before the Magistrate and examined—I heard him give a portion of his evidence.
WILLIAM SMEE . I am a police constable attached to the Post Office—on 28th February I accompanied Mr. Stevens to Norwood, where we found the prisoner in the New Town, that is a mile away from the receiving house—when we got him to the Westow Hill office, after Mr. Stevens had questioned him, I said "Did you ever live at Gibson's HUM" he said "No"—I searched him, and in his waistcoat pocket I found a key—I asked him what key it was, and he said it was the key of his box—I said "Where do You live?" he said "No.1, Paddock Gardens, Westow Street"—I said "Have you any money in that box I" he said "No; I have spent it all"—I afterwards went there and unlocked the box, which was in the bedroom on the first floor, pointed out to me by the prisoner's mother as his room—I found, rolled up in this piece of paper, seven 5l. Bank of England notes, each of them bearing the Crown Hill office stamp of 3rd February—I found 13 1/2 d. in coppers in the prisoner's pockets.
Cross-examined. I did not tell the prisoner I was an officer—he was questioned by Mr. Stevens—I never intimated to him that there had been a mistake in the deposits, and that it was not his book—I took the key from his pocket, aid he said "It if the key of my box"—that was where I found the money.
WILLIAM TYRELL . I am a letter carrier at Norwood—Westow Street is in my delivery—in the early part of this year a Post Office Savings' Bank book came into my hands for delivery, addressed to "S. Holman, Upper Norwood"—I delivered it to the prisoner at Paddock Gardens, as the only S. Holman I knew—I don't remember that I have delivered any letters to him.
Cross-examined. I knew Holman well—I knew he was living there with his mother and one or two brothers—I believe I delivered the book to him personally—I did not know that he was a depositor in the Post Office Savings' Bank, nor that his brothers were—I don't remember seeing his mother afterwards on the subject of this book.
Re-examined. He is a bricklayer's labourer—I don't know whether he has been doing any work the last few months.
in France, and before that at the Woodman Tavern, Upper Norwoodwas head waiter there—the prisoner was potman there—that was five or six years ago—while we were there I made a deposit in the Westow Hill post-office for him—I deposited a shilling—he had the book when the deposit was made, and he gave it to me—I lost it—I had it about a twelvemonth—I did not make any other deposit except that shilling—I never gave him the book for making any deposits—I don't know whether he made any farther deposits; he did not on that book, at any rate—he never showed me the book for the Crown Hill office—I did not know that he had this money, the 80l. odd—he knew my position, and knew that I was a waiter.
Cross-examined. My wages were uncertain—you can give me a shilling or half-a-crown, which you please—I made more than 8s. a week—I was travelling in France; not with the prisoner—I have been to the Channel Islands with him; we were there for about six months—I was a friend of he prisoner's, and am at the present time, I believe—the deposit Was made by my suggestion—I said at the time, "You give me the book, I will keep it, and you see how it will increase"—I kept the book for a time, and I told him I would make deposits in his favour—I afterwards told him that I had made deposits—I had not done so—I told him that three times—I kept the book in my possession until I lost it—the deposit was made at Westow Street, Upper Norwood—the prisoner lives at No.1, Paddock Gardens—I know in whose employ he has been, but I almost forget—I know one, a builder, of the name of Bowyer—he was a respectable man, a master builder—I never heard anything against the prisoner's character—I believe that both his brothers are depositors in the Post Office Savings' Bank—they all lived in the same neighbourhood, and have done for a considerable time, and all deposited in the same bank.
Re-examined. I know the brothers deposited there before—I am connected with them—I did not keep their books—they have told me when they have deposited—I told the prisoner five or six years ago that I would advance money for him—I did it to bring him to save for himself—I told him what I was going to deposit—I did not tell him what I had deposited afterwards, and he did not ask me—I did not take any receipt from him, or tell him how much I had advanced-1 dare say it was two years ago that I told him I had advanced money—I lost his book long before that—I did not tell him how I could deposit without producing the book—I did not apply for another book—I don't know that he has been in gaol for three months; not that I am aware of—I never heard anything against his character—I have not heard of his being in gaol—I have been in my present place fifteen months—the prisoner has not been in prison during the last twelve months to my knowledge—I don't remember his being in custody at all—I say he has always bad a good character—I never heard anything against him, or that he was charged with anything.
GUILTY .— Two Years' Imprisonment.
NEW COURT.—Tuesday, April 8th, 1873.
EVERSON PLEADED GUILTY to stealing the jackets.— One Month in Newgate, and Four Years' in a Reformatory.
MR. GLYN conducted the Prosecution.
SIMON ISAACS . I am a furrier, of No.14, White Street, Hounsditch—on 12th March, about 1 o'clock in the afternoon, the prisoner Gray came in and asked me if I would buy some sealskin jackets—I said "Yes; where are they?"—he said "What will you give me for them?"—I said "I cannot tell till I see them"—he said "Another boy outside has got them"—I went and fetched Everson, who had a parcel on his head tied up—I asked him how he got them—he said that a boy in Whitechapel gave them to him to sell—I cut open the parcel and found the jackets, and an order book outside—I said that I would not buy them, and sent my son for a constable—this (produced) is one of the jackets I took from him.
JOHN EVANS . I am a mantle maker, of No.10, King's Place, Commercial Road East—Everson has been in my employ about nine weeks—on 12th March, between 9 and 10 o'clock a.m., I packed a parcel of nine sealskin jackets and gave them to him, and while my back was turned to call my daughter, he stole two 5s. packets of coppers—he was to take the jackets to 10, Watling Street; he had to take them every day to the same place—he generally came back from there about 11.30—this is one of the jackets I gave him; I was allowed to take the other eight.
JOSEPH DOROTHY (City Policeman, 923) I was called, and Mr. Isaacs gave the prisoners into my custody—I asked Everson where he got the jackets—he said that a boy in Whitechapel Road gave them to him to sell—I asked the boy's name; he said he did not know—I found on Everson 4s. 3d. in bronze and 2s. in silver, and on Gray an empty purse—they both gave their correct addresses.
GRAY— NOT GUILTY .
MR. HARMSWORTH conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOHN DAVIS (City Detective). On 2nd March I was in the neighbourhood of Petticoat Lane about 12.30, and saw the prisoner and two others—I stood at one side of a barrow where they were selling oranges, and saw the prisoner unbutton the prosecutor's coat, and take out his watch and get it off the swivel—one of the others stopped the gentleman—I pursued the prisoner and stopped him in Houndsditch—I am sure he is the person—he gave me an address which I could not find.
Cross-examined. I took him about 500 yards off—several people were about.
DENNIS HORGAN . I am a tailor—I was in Petticoat Lane—I don't know the day of the month—I went up to a stall to buy 1d. worth of oranges—I saw the prisoner there—he put his hand in my pocket and took out my watch—I took him by the collar and called the police—he got away, but was taken afterwards.
Cross-examined. I unbuttoned my coat, and before I could button it again he got my watch—another man knocked me down—there was a great crowd round the barrow.
GUILTY . He was further charged with having been convicted at Clerkenwell in April Mil, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. POLAND conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
OSBORNE TURNER . I am a member of the firm of Reeves & Turner, of 100, Chancery Lane, second-hand booksellers—I have known the prisoner one or two years—he has been in the habit of coming to my shop occasionally—I bought this book of him, it is hew and uncut—here is the entry in my book (produced)—it is in my own writing, but was not made at the time—it is the second volume of "Sickel's American Reports"—I gave him 10s. for it—it Was previous to 17th October; my entry is dated the 17th—I would not have bought an odd volume of a stranger—my boy says that he was in the shop at the time—there were no labels pasted in it when I bought it—this is my label pasted in the corner—I have no doubt that was put in when it was sent to the Law Society to see whether they would buy it—I see a mark in the inside of the cover, there appears to have been a label there—the book was put on the shelf in the ordinary way, for sale—the Librarian of Gray's Inn called there and said something to me, in conesquence of which I sent it to Stevens & Sons—I do not know the date, but it must have been before the 11th December—the prisoner called on me between the 11th and 21st December, and said he had received a letter from the people down the street—I knew that he meant Stevens and Sons—he was very indignant, and said that I had no business to send the book to them, how could he tell he had sold it to me without he saw it—he had asked me where it was, and I told him it had gone back—I mentioned the name of it, the second volume of "Sickel's Reports."
Cross-examined. All I can say is that the book I bought was bought some time before 17th October, and I am only guided to that fact by the entry in this book—I knew the prisoner to be a reviewer and an author—it is not an uncommon thing for leading men when they have done with books to sell them—during the time I have known the prisoner he has been in the habit of buying and selling books at our place—I am a very small book buyer in the law department—I was here in another case last Session—I bought about thirty books, all odd volumes (See "Reg v Westall, "p.287)—I have a branch business in the Strand, managed by my partner; they buy odd volumes there also—I did not notice that there had been a book label inside at the time I bought the book—I have had a good many dealings in the six months since October—the conversation between me and the prisoner was in December, four months ago—it does not appear in writing from whom I bought this odd volume; I do not keep any book of that kind—in point of fact, save and except a question of memory, I have nothing to refer to as to whom I bought the book of—I took no memorandum of the conversation when the prisoner called on me—I think my boy was there—the prisoner was very indignant, but he did not deny selling it to me—he did not mention Stevens & Sons, I did; he may have said "I have received an extraordinary letter from Messrs. Stevens," I don't know—he did not say what had become of it; he did not produce any letter—I have no doubt he asked me what the name of the book was; I do not remember what he said—he did not say that he had mislaid the letter, and wanted to know what the name of the book was—he said that he had called about a letter he had received from Stevens & Sons, and asked me what the name of the book was—he had not the letter in his hand—I told him that the name was "Sickel's Reports, "2nd volume—it was then that he said to me "Where is the book 1"—I said that I had returned it—he said "You
should not have gent it back, "but he did not add "while the matter was under enquiry"—I swear that, because it is not likely, as that would have been confessing that he stole the book—he said "Have you ascertained that I sold you any such book?"and I said "Yes, to the best of my belief I bought it of you"—he did not say "Then you are wrong in your belief;" he avoided an answer; if he had denied it I would have gone down to the Benchers of the Temple—I don't recollect what answer he made—I think he said something about going to Stevens & Sons—I don't remember what I said to that—I said nothing about writing—I don't remember what I did say—I knew that the prisoner was a barrister and an authorafter I had sent to Stevens & Sons I looked at the Law List, and found that he had chambers at No.1, Mitre Court—I went there and found that he had chambers there, and that his letters were left there—if I remember right, the prisoner said before the Magistrate that he would not trouble his friends to bail him—I heard him say, that he could never mix in the society he had been formerly used to till this horrible charge had been cleared away from him—I make no entry at the time I buy a book.
Re-examined. Some gentleman, I think, happened to be in the shop who knew the prisoner, and that is how I first knew his name—I chatted with him just as you might with a bookseller—I have been in business twentyfour yean—I have not the remotest doubt that I purchased the book of Mr. Weightman—I never bought any similar book of him—I gave evidence at the Police Court; the prisoner did not ask me any questions—on 17th October the book was entered by name, so that I know I had it in stock at that time—I am not able to say within what time before that I had purchased it, it might be a week or a month.
COURT. Q. I suppose you buy law books second-hand all day if people come to sell them? A. Yes, and when they accumulate I put them down in stock—I do not mean that months would elapse before I put them in stock—I do not keep a stock-book of second hand law books—it is very convenient to go to a book-stall and by an odd volume to complete sets; the first volume of the "Weekly Repoter" is worth as much as all the rest, and there are twenty-five volumes—I should buy the first volume if I had a chance.
GEORGE HENRY JOHNSON . I am in Reeves & Turner's service—the prisoner came there frequently; I did not know him by name at first, but afterwards I knew him as Mr. Weightman—this second volume of "Sickel's Reports" has Reeves & Turner's label in the corner—I first saw it in Mr. Turner's hands on the day it was published; the prisoner and another gentleman were in the shop; I did not pay any attention to what passed, but the prisoner was trying to sell it, and Mr. Turner purchased it—I do not remember hearing the price named—the prisoner then went out—Mr. Turner took the book to the back of the shop, and I saw it on the table—I don't know that I did anything with it that day, but next day I took it up and looked at it—I don't know how long it remained there, but I remember it going to the Law Society—labels are sometimes put in by me, and sometimes by Mr. Turner—this writing on the back, "Sickel's Reports," is Mr. Turner's—I remember it going to the Law Institution and being returned—I remember the prisoner coming to the shop some day before Christmas—(at that time I had delivered it to Stevens & Sons, on 10th December, I believe, but I am not certain; from what Mr. Turner told me)—I did not hear him say anything, he was at the back of the shop—Mr.
Turner was having his dinner, therefore it was between 1 o'clock and half-past.
Cross-examined. When I first saw the book it was in Mr. Turner's hand—two people were in the shop—I can't say who the other was—"Sickel's Reports" was written on it at the time the catalogue was made, probably in November—we don't have a catalogue every month—there is nothing certain to tell me when "Sickel's Reports" was written on it—there is a large shop, and at the back Mr. Turner sits when he is haying his meals—I was sitting in the front shop when I saw the book in Mr. Turner's hands, and Mr. Turner was standing at the back of the table in the front shop, at the side of the window from Chancery Lane—I do all the business except purchases—I attend to the customers, and if Mr. Turner is busy it is my duty to attend to the business—since this a great many people have been in the shop, buying and selling.
JOHN ARTHUR WARWICK . I am manager to Stevens & Sons, Law booksellers, of Chancery Lane—we import three copies of "Sickel's Reports" from America, one for Gray's Inn, one for Lincoln's Inn, and one for the Inner Temple—they come Over in sheets—the second volume arrived on October 8th, and the Gray's Inn copy was sent in sheets the same day; the other two copies were sent to Kelly's to be bound, and some of our advertisements were sent with them to put into the interior—when they were returned it was the duty of some person at Stevens's to put in a label, and insert a book-plate for the Inner Temple—on the books being returned by the binder they would be packed up in the ordinary way for delivery, and the porters would take them—on 7th December our account was sent in to the Inner Temple, and we charged-for the second volume of "Sickel's Reports; "enquiries were made about it, and in a few days afterwards the book was brought to me by Johnson from Mr. Turner's—the first page appears as if there had been a book-plate—at the corner here is a label of Reeves & Turner, a larger one—it does not appear as if there had been another label, that would not be visible under the larger one—in this bill (produced) "Sickel's Reports" is charged on October 8th as delivered at the library—it would take two or three days to bind.
Cross-examined. The sheets arrive by book post; the invoice would come by letter post—when the books arrived they would be unpacked—I should see that they agree with the invoice, and send them to the library—I then make an entry in the arrival-book, which is here—the entry in the porters' delivery-book will show on what day the book was delivered at the Inner Temple Library—the porter keeps the book, he is here and so is the book—he delivered a parcel there—I have nothing to show that the second volume of "Sickel's Reports" was delivered at the Inner Temple Library.
Re-examined. I am able to say that they were actually received on the 8th—the porter Thorpe's book would contain the parcels sent out for delivery—in the ordinary course of things, the books would be sent out as soon as they came back from the binder's.
JOHN WILLIAM MONK . In October last I was warehouseman to Stevens & Sons—I remember the three volumes of "Sickel's Reports" coming from America; two of them were sent to Kelly & Co. to be bound, which would take about four days—I have got the binders' book, showing that they went to Kelly's.
advertisements—we bound these two books for them at the same time which took two or three days, and then they would be sent back in the ordinary course—I speak to them by marks made by our own workpeople—I have got the women here who made the marks in them in October.
Cross-examined. The books were ordered to be made up in this way; it is the ordinary way—we do not write anything on them, we simply put them in boards.
Cross-examined. The students and barristers who use the library are often the same gentlemen day after day—some gentlemen come in ever; day.
THOMAS JOHN THORPE . I was in the service of Messrs. Stevens & Sons in October last—I go out to deliver books in the Temple district, and deliver the ordinary weekly publications—I also delivered a book, it was a parcel wrapped up in paper—I either left it on the sub-librarian's table, or with either of the librarians, in the library; at this distance of time I cannot remember which—in the ordinary course, if I did not see the librarian or the sub-librarian, I should put it on the sub-librarian's table—I delivered it about 11 o'clock, and have an entry of the delivery in my book—I do not enter the names of the books in it.
Cross-examined. The entry is, "Inner Temple Library"—that is all.
COURT. Q. How do you, then, recollect that there was a book in addition to the weekly Publications? A. Because I enter the usual weekly publications "Temple publications," and then I enter "Inner Temple Library," which means that there was a parcel besides.
JOHN EDWARD MARTIN . I am librarian to the Honourable Society of the Middle Temple—in October last Mr. Forsyth was the treasurer—in the ordinary course the books from Messrs. Stevens & Sons would be collated and stamped, and put on the shelves—I was away, and did not return till 21st October—Mr. Pickering, the sub-librarian, would be there—I have seen the mode in which books are delivered from Stevens & Sons; if it is a law book it is immediately collated and stamped—on 7th December Mr. Pickering received the bill produced, from Messrs. Stevens & Sons for the deliveries up to that date, and called my attention to the entry in it of the 2nd Vol. of "Sickel's Reports"—I then went to the place where it would be kept, and it was not in the library—it is the rule that members attending there shall sign their names when they go in or when they go out—this (produced) is the attendance-book—it shows that the prisoner was at the library on the 5th, 9th, 10th, 11th, and 12th of October, and from that date his signature does not appear again till November 4th—I have looked through, and have not been able to find it—he was there on 7th December, and not afterwards—this letter, dated 17th December, is in the prisoner's writing—members of the Inn who use the library bring in their hats, coats, and bags; there is no restriction on what they bring in or what they take out.
Cross-examined. Whether a gentleman coming from his chambers would walk to the library with his hat on is a matter of opinion—the signaturebook stands almost opposite the door; nobody stands there to see whether
the members sign, and two-thirds of them do not sign—I have known the prisoner as a constant attendant at the library for two or three years—some gentlemen are there almost daily—the book, if delivered, would be given to the first of the officers who the porter met—there is no one here who swears that he received this identical book.
JOHN EDWARD LATTEN PICKERING . I am sub-librarian at the Inner Temple—Mr. Martin was absent in October, up to the 21st—I was there the whole of October—on 7th December I received this invoice, and proceeded to examine it with the books which had been delivered; I found that they were all right, with the exception of "Sickel's Reports"—I find by my own writing that the "Maritime Oases" were delivered on October 11th, and the "Central Criminal Court Sessions Papers" on October 14th—none are entered on the 12th—here is no entry of the 2nd Vol. of "Sickel's Reports"—that is the only book missing—there were workmen employed at the library during October.
Cross-examined. Q. If the 2nd Vol of "Sickel's Reports" had been delivered on 12th October would it appear in this book? A. Yes; there would be an entry, "12th October, 2nd Vol.'Sickel's Reports, '" if it came to my hands, and there is no such entry—Stevens & Sons would put the Arms of the Temple in it—that is the rule.
Re-examined. When I opened the parcel I should collate it and stamp it—having found the book perfect it was my duty to put a red stamp on it—from the fact of their being no entry and no stamp, I can say that I never received it—I am sometimes a long way from the table; it is a long series of rooms—there is no knocking, anybody can come into the library and deliver things—anybody can come in and walk up stain, right into the library.
RICHARD STEVENS . I am a member of the firm of Stevens and Sons, of 119, Chancery Lane—we import "Sickel's Reports" from America—we only import three copies for the three libraries of Gray's Inn, Lincoln's Inn, and the Inner Temple—my attention was called to the fact that the Inner Temple copy was missing—I received information, and it was afterwards brought to me—in the ordinary course our label would be in it—I see a mark here where there appears to have been a book-plate—when I get the information I wrote, on 10th December, to the prisoner, and kept a copy in my own writing—that was sent by a messenger, who is here, to the prisoner, at 1, Mitre Court—I received no answer—I then sent another copy of the letter, with the additional words "Your immediate answer will oblige"—that was sent by a porter named Friend, in the ordinary way, and I afterwards got this reply, dated 17th December, from the prisoner—after that I wrote another letter on the 18th, this is a copy of it on the back—(Letters read: "119, Chancery Lane, Dec.10th, 1872. Sir,—Will you kindly inform us whence you obtained the second volume of 'Sickel's (American) Reports' which you sold to Messrs. Reeves and Turner. Your obedient servants, Stevens and Sons. To Hugh Weightman, Esq., 1, Mitre Court." Across this was written, "Sent a copy of this (dated Dec.10) December 12th, adding the words 'Your immediate answer will oblige, 'and left it with Mr. Phillips, 1, Mitre Court."—"1, Mitre Court, Temple, 17th Dec., 1872. Gentlemen.—I received a communication from your firm on Thursday last,
requesting to be informed how I came possessed of a copy of some American Reports, which you allege were sold by me to Messrs. Reeves & Turner. As you did not state the object of your inquiry, nor yet how you were connected with the Reports, whether as publishers, proprietors, or otherwise, I could not recognise your right to interrogate me. Upon reflection, and as a matter of courtesy, I think it but right to assure you that I have a complete answer to the charge which you appear to insinuate.(Signed) Hugh Weightman."—"Dec.18. Sir,—We beg to acknowledge the receipt of your letter of 17th instant. As we have every reason to believe that the volume of Reports in question was supplied by us and delivered by our porter to a customer, we shall feel obliged if you will at once favour us with a reply to our letter of the 10th instant Your obedient servants, Stevens & Sons. H. Weightman, Esq.") I received no reply to the letter of the 18th.
WILLIAM DOUTHWAITE . I am librarian of Gray's Inn—in October last I received a copy of "Sickel's Reports" in sheets, and got them bound in my own way—this (produced) is the book—I afterwards heard something about a copy being missed, and saw a copy in Reeves and Turner's shop.
The Prisoner's statement before the Magistrate: "I reserve my defence—I do not desire to call any witnesses."
MR. M. WILLIAMS submitted that there was no evidence that the book was delivered at the library, and became the property of the Benchers of the Inner Temple; a parcel of some description was delivered, but what it contained there was no evidence to show, and that if it had ever been received it would appear in the books. THE COURT considered that as the other two books were already invoiced at the respective libraries, and as the porter delivered a parcel containing a book at the Inner Temple Library on the 12th, no other book being delivered there that day, there was evidence from which (he Jury might infer that the parcel contained the book in question. The prisoner received an excellent character.
GUILTY . Strongly recommended to mercy by the Jury on account of his character.— Six Months' Imprisonment.
MR. J.F.B. FIRTH conducted the Prosecution; and MR. SIMS the Defence.
HENRY FRY . On Saturday evening, 22nd March, I was in Bridge Street, Blackfriars, about 8 o'clock—I had my purse in my hand, containing about 22s.—there was a half-sovereign and silver—the prisoner snatched it, and I followed him up Bride Lane and into the Bell public-house, where I was thrown down and could not follow him any more—this key (produced) was in my purse.
Cross-examined. I was looking in my purse for my return ticket—I had only had two glasses of beer.
Cross-examined. I did not lose sight of him—when I got into the court I could see right through—there was nobody else there.
GUILTY . He was further charged with a former conviction at Clerkenwell in March, 1872, to which he PLEADED GUILTY.— Two Tears' Imprisonment.
OLD COURT.—Wednesday, April 9.
Before Mr. Baron Cleasby.
The Grand Jury having in this case ignored the Bill, MR. POLAND, for the Prosecution, offered no evidence on the Inquisition.
NOT GUILTY .
MR. COOPER, for the Prosecution, having opened the case, THE COURT was of opinion that there was no case to go to the Jury.
NOT GUILTY .
MR. RIBTON conducted the Prosecution; and MR. WEATHERFIELD the Defence.
NOT GUILTY .
There was a further indictment for abandoning her child, upon which no evidence was offered.
MESSRS: RIBTON and LYON conducted the Prosecution; and MR. HARRIS the Defence.
EDEN CRAWFORD . I am a waterman, and live at 3, Charles Street, Bromley—on 7th February, at 10.30 in the morning, I was in a barge in Limehouse dock—I saw the deceased, Smith, in his beige, and the prisoner in his—I heard them having a little conversation about the turn, who should go through the dock first—the prisoner shoved his barge's head over to Smith's barge—he got into Smith's barge, and struck him on the nose and knocked him down, and caused his nose and mouth to bleed—Smith got up and kicked the prisoner in the privates—the prisoner then went back to his own barge—they used some very bad language to each other—the prisoner came back to Smith's barge, and struck him again and knocked him down, and while Smith was lying down he heaved a piece of wood called a rowing-tack at the prisoner, which caught him in the side—he had it in his hand when the prisoner struck him—the prisoner picked it up and heaved it back at Smith, and it hit him on the head—Smith was lying down at the time—I went and lifted him up, and took him ashore, and the prisoner went back to his own barge.
Cross-examined. It was not a very hard blow that the prisoner received with the wood—I dare say it was hard enough to hurt him—the tack fell down in the barge's head—the prisoner was going to leave to go into his own barge when the wood struck him—he picked it up instantly and threw it back at Smith—he was doubled up with pain from the kick.
JOHN WARES . I am a lighterman, and live at 34, Queen Street, Rateliff—on 7th February I was on board a barge in Limehouse dock—I first heard a quarrel, and could not distinguish the cause at the time—I proceeded towards them, and saw the prisoner push his barge across; but
previous to that I saw the deceased challenge him to fight—he then put his barge's head across, and went in and had a round or scuffle—they fell nearly together—the prisoner was uppermost—they were then out of my sight, as I was in a loaded barge and they were in empty barges, but directly Smith recovered himself he jumped up and kicked the prisoner in the lower part of his body—the prisoner sat down as if in great pain for a few minutes—the prisoner then came back to his barge's head, and the prisoner threw a tack at him—he threw it back again—I don't think that hurt either of them—Smith picked it up again, and threatened if he dared to come there what ho would do to him—the prisoner then picked up another similar piece of wood, and went over to Smith's barge—they had a scuffle, a sparring match, you might term it, and Smith struck the prisoner with this piece of wood in the side—they each had a piece of wood in their baud—the prisoner did not retaliate with his piece; be threw it down, and struck Smith with his fist—when Smith recovered himself again he still had this in his hand, and he was going to do something, aiming or going to strike the prisoner—the prisoner took hold of it and they had a scuffle for the possession of it, and on the impulse of the moment, just as the prisoner got hold of it, he struck him in that way, and that was the end of it—he did not throw it at him—he was clone to him—Smith was endeavouring to strike him with it, and the prisoner took hold of it—ho was in danger of being struck—he was struck once with it when it was in Smith's hand.
DANIEL EDWARDS . I live in Lowell Street, Limehouse, and am foreman at a granary there—on 7th February I was in the granary, I went to the door and saw the prisoner and Smith in their barges—I saw the prisoner go from his own barge on to the lad Smith's barge; he had a new rowing tack in his hand—Smith threw a tack at him—he struck Smith across the head with his fist and knocked him down—Smith half raised himself with the tack in his hand, he threw it at the prisoner, and it struck him in the left side—the prisoner instantly took up the tack and struck him across the head; whether it was in his hand at the time, or whether it was thrown, I don't know; they were very close together—the barges were close under the granary door.
Cross-examined. About half-an-hour after I saw the prisoner standing there, Smith and his employer came down; there was a few words between them, and then I saw Smith go over and take the prisoner's hand and shake it.
WILLIAM ROBINSON . I am a bargeman—on 7th February I was working in the prisoner's barge; I saw him and Smith jawing—Smith was using some very bad language, and the prisoner went to his barge and hit him; he then returned to his own barge—Smith turned round and kicked him in the privates, and said "I hope I have ruptured you for life"—it hurt him for a time; when ho recovered himself be went back to Smith's barge and hit him again—Smith then picked up this tack and threw at the prisoner, and hit him in the side; the prisoner picked it up and threw it back—they were very close together, but it went out of his hand before it hit Smith, it hit him on the head.
Cross-examined. I beard the prisoner say afterwards that he had no intention of hurling the deceased, but only to protect himself.
very much and swollen, his mouth and nose were out, and a bad wound at the back of his hand—he never recovered—he died on 7th March.
MATTHEW BROWNFIELD . I am a surgeon, of 171, East India Road—I first saw the deceased on 20th February, he was suffering from a lacerated wound of the scalp, exposing the bone of the skull—I attended him till his death, and subsequently made a post-mortem examination—the immediate cause of death was pressure of matter on the brain—a blow with such a piece of wood as this would be likely to produce such an injury.
Cross-examined. He had been attended previously—I believe the wound was dressed soon after the accident.
THOMAS NORMAN (Detective Officer K), I took the prisoner into custody on 9th March—I told him he would be charged with causing the death of Thomas Smith—he said "I will tell you: on 7th February we were in Limehouse Cut, the deceased was in a barge and I was in another; I wanted to go through the bridge, the deceased commenced calling me filthy names, I went on to his barge and I struck him. He returned it with a kick, which caused me great pain; I then went on to his barge and struck him again; he then threw a rowing tack at me, and I in return threw it back again. I had no intention of injuring the man. I am very sorry."
NOT GUILTY .—There was another indictment against the prisoner for an assault on the said Thomas Smith, upon which no evidence was offered.
MESSRS. POLAND and BROMBY conducted the Prosecution.
JEREMIAH ROBINS (Policeman H 66). About 2.15 on the morning of 1st March I was on duty, and saw the prisoner standing at the corner of Bracey's Buildings, Blue Anchor Yard; he was leaning on a post, with his arras folded—I said to him "Now my good fellow take and go home, don't stand about here there's a good fellow"—he said "You bleeding sod, if you say anything to me I will knock your bleeding eye out"—I said "Nonsense my good fellow, go home, bed is the beet place"—I was about to leave him and as I passed him he tripped me up from behind, and I fell forward on my hands, and my helmet flew off, and at the same time I felt a blow at the back of my head; I then felt a blow on the ear and on the forehead, and after that I recollect no more; I was left senseless on the ground—there was no one there but the prisoner, that I saw—when I came to myself I sprang my rattle; someone, I can't say who it was, called out from a window and said "It is Dan, or Con Sullivan," I could not say which—that was after I had recovered myself—constable Cooper came up, and I told him it was Sullivan had done it—I bad never seen the prisoner before, to my knowledge—Cooper went to a house that was pointed out; I stayed in the court, and when I saw Cooper again he had the prisoner in custody—I did not notice anything in the prisoner's hand, he put his hands under his coat as I passed him—directly I fell with my hands on the ground, he struck me on the head, behind, and then two blows in succession, as quick as possible, and I could not recollect anything else—I was under the doctor's hands for some time and am now—at the station the prisoner said "I should not have done it to you if you had not spoken to me;" he repeated it over twice.
Glasshouse Street into Chambers' Square; that is about 100 or 150 yards from Bracey's Buildings—about three or four minutes afterwards I heard a constable's rattle—I went to Bracey's Buildings, and there saw Robins bleeding from a wound at the back of the head and from the mouth and nose—he was leaning against the wall, apparently unconscious; he did not answer me when I spoke to him—he afterwards pointed out a house to me, I saw a woman there and from what I heard from the two I went in search of the prisoner—I did not find him, I came back to Blue Anchor Yard and there saw the prisoner, standing with his back towards me—when he turned round and saw me he ran away; I followed him to 2, Rose Court—I found him there at the top of the staircase—I told him I should take him into custody for assaulting "66"—he said "That be b----d, I am not going along with you"—I took hold of him by the throat, he began to kick and struggle—I told him I should use my truncheon; in getting it out he caught hold of it, and we both fell to the botton of the staircase; another constable came up, and we took him into custody—he was very violent, four constables had to carry him part of the way to the station, face downwards—on the way he asked me to forgive him—I told him I could not forgive him, he must go before the Inspector—he then went quietly the remainder of the way.
GEORGE BAGSTER PHILLIPS . I am a surgeon—on 1st March, Robins was brought to me early in the morning—he was suffering from a starred wound at the back of the head, reaching to the skull, a severe contusion of the temple, and some more contusions about the forehead and cheek, they were very minor—he was in a semi-stunned condition, which was due to concussion of the brain, which developed itself in further symptoms next day—the wounds at the back of the head were of a severe character; they gave rise to a good deal of sloughing, which bared the bone, and it is not entirely healed now; there is an adhesion between the scalp and the skull, which will render him liable for the future of his life to certain exciting causes; I think the injury to his brain he will recover from—the bruises on the face might be caused by a fall, and coming in contact with the ground, or they might be caused by a man's fist, any violent contact with a hard body—the wounds at the back of the head would be caused by contact with some uneven sharpened surface; it is most unlikely that it could have been caused by a fall, there was not contusion enough—it, was a starred clean-cut wound.
JAKES OSBORN (Police Inspector H). I was on duty at the station when the prisoner was brought in—the constable made a similar statement to me that he has made to-day, in the presence and hearing of the prisoner—the prisoner said once or twice "I should not have done it if you had not interfered with me"—I have not the charge-sheet here, I entered it as "Unlawfully assaulting and wounding the constable in the execution of his duty"—I read it over to the prisoner, and he again said "I should not have done it if he had not interfered with me"—Robins' head was bleeding very much at the time, and he was a good deal exhausted—he said, in the prisoner's presence, that the prisoner had put out his foot and thrown him down, and then struck him whilst he was on the ground.
Prisoner's Defence. I was rather the worse for liquor; I had been taken to the hospital from a fall off a cab, when I came back it was about 1.30, I stood at the corner where I lived, the constable came up and shoved me two or three times before I said anything to him; being the worse for
liquor I was rather bad tempered, and I suppose I did what I should not hare done if I had been sober. I turned round and struck him. I did not do it with any intention of doing any bodily harm.
GUILTY** of unlawfully wounding. — Eighteen Months' Imprisonment.
NEW COURT—Wednesday, April 9, 1873.
Before Mr. Justice Quain.
MR. BRINDLEY conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and HARRIS the Defence.
JAMBS JOYCE (Policeman B 261). On 2nd March, about 1.15 a.m., I was on duty in Victoria Street—I heard cries of "Stop thief!" and saw the prisoner running and a soldier running after him—they ran down New Pye Street into Old Pye Street, where he was stopped by the soldier—a boy who was dressed in a kind of blue flannel shirt and a pair of light trousers with a stripe, and his shirt sleeves turned up, was running with the soldier—the soldier gave the prisoner in charge to me—the prisoner said that he did not see why the soldier should hold him when I had got him in custody—I told him to let go, and he then turned on the boy—I had got him by the left hand, and he struck the boy with his right on the side of his head—I could not exactly see whereabouts—he staggered, but I cannot say whether he fell, because the prisoner commenced kicking me—he kicked me twice or three times on my legs, and made three or four kicks at my groin—it took four of us besides myself to take him to the station, and he threw two constables down—we had great difficulty, and had to carry him face downwards.
Cross-examined. The deceased was 17 or 18 years old—I saw him in the hospital, dead—he was the same boy—the prisoner was quite drunk.
JAMES CORBOY . I am a private in the 1st battalion of Grenadier Guards—on Monday morning, 2nd March, about 1 o'clock, I was in Victoria Street, and saw the prisoner running, and a boy after him—I joined in the pursuit, and followed the prisoner into Old Pye Street, where I stopped him and gave him in charge—the boy then came up, and the prisoner said to him, "You b----y s----, you are here again!" and struck him on the side of his head, and he staggered and fell—I did not see him picked up—I afterwards saw him dead at the Inquest.
Cross-examined. A man came up and struck me—I do not know whether his name was Coomber—that was after I gave the prisoner in charge—there were about fifty people there, a good many of whom had been drinking.
WILLIAM CREASY . I am a labourer, of 24, New Peter Street, Westminster—on the morning of 2nd March I was at the corner of Strutton Ground and Victoria Street, and saw the prisoner run across Victoria Street, and the soldier and the boy after him—when I got to Old Pye Street I saw the boy stagger and fall—the soldier had the prisoner then—I do not know whether the constable was there, I was too far off—I picked the boy up—he was insensible—I tried to make him stand, but he could not, and I sat him down between my legs, face up, and he gave a heavy sigh and his eyes rolled over—I got assistance and took him to the hospital—he did not speak, and when he got there the doctor said that he was dead.
Cross-examined. I saw no marks of injury.
THOMAS DENGATE (Policeman B 232). I was on duty in Old Pye Street and saw the prisoner in Joyce's custody—a soldier was by his side and a lad in front of him, who was speaking to Joyce and pointing to the prisoner, who said "You b----little sod, are you here again? what have you to do with it?"or "what do you know about it?"and he turned halfway round and hit him on the side of the head—I cannot say whether it was under the ear—I saw him stagger across the road and fall, and I lost sight of him—the prisoner was very violent—I took hold of his right arm and was kicked in the stomach and legs—it took five of us to take him to the station—I was thrown down by Coomber—I saw the boy dead at the hospital three quarters of an hour afterwards—he was the same boy who was struck by the prisoner—he had light trousers on, a blue check shirt, and his sleeves were tucked up.
Cross-examined. The prisoner struck him on the side of the head—I may have said that he hit him on the shoulder or head—he hit him on the neck, between the shoulder and the head.
EDWARD HART (Policeman B 416). I was called to Mr. Harris's shop about 1 o'clock in the night—Mrs. Harris gave me some information, and I went in the direction of Victoria Street—I saw the deceased boy run past me, and I went in the same direction into Old Pye Street, and saw him in Creasy's arms—I went on to the assistance of my brother constable, and told the prisoner the original charge—I assisted in taking him to the station.
JAMES BARNES (Policeman B 23). I assisted in taking the prisoner—he was very violent, and assaulted me—he said "You bmonkey, I will break your back"—five of us were obliged to carry him by his arms and legs, another man was attempting to rescue him.
HENRY HAINES . I keep a refreshment house at 19, Chapel Street, Westminster—about ten minutes to 1 o'clock in the morning the prisoner and Coomber came in—they did not appear very drunk or I should not have served them—I supplied them with some eels—I do not sell drink—the prisoner commenced talking about his fighting abilities—it appeared that he had been fighting previously—he said that he could beat all the b----lot of them, one at a time—I said nothing, but waited for a policeman to put him out, as he was jeering at the customers—there were about half a dozen customers there—he then used very foul language to my wife—I had never seen him before—I said "You had better be quiet, young man, or else I shall have to to put you outside"—he said "It would take three such bleeding s----as you to put me outside"—the boy Lawrence was there assisting me—he was my wife's brother, and would have been eighteen if he had lived another fortnight—he went round the counter to the prisoner, and took hold of him by the shirt collar to put him out, and another man got up and attempted to strike me, but I was pulled away from him—I don't think it was Coomber—there were four in the same box, who appeared to know each other, but they did not come in together—my wife and sister got the prisoner out by persuasion, and attempted to shut the door on him, but he and his companion turned round and forced it halfway open—the prisoner challenged me to fight, but I took no notice of him—he pushed his arm in through the door, but Lawrence warded the blow off me, and pushed his arm out—a cry was raised of "Here is a policeman coming! Mistress come out and lock him up"—my wife went out and attempted to seize him
—he kicked at her, but it did not take effect—he ran away, and the policeman went after him—the other man ran away at the same time—I should not have allowed the boy to go if I had known it, and I saw him no more till I saw him, dead at 2 o'clock, at Westminster Hospital—he was a strong, healthy, powerful lad for his age.
HERBERT ALFRED LAWTON . I am house surgeon at Westminster Hospital—on Sunday morning, 2nd March, the deceased was brought in dead—I examined the body, but found no external mark of injury—I made a post-mortem examination by the Coroner's direction, and found all the organs healthy, but congested—the lungs were very much congested—the brain was healthy but congested, especially the vessels of the membranes—the heart was healthy, the left side being contracted, the right side flaccid, and containing a little blood; the stomach contained some halfdigested food; the body was well nourished and powerfully built—I attribute death to a shock, I cannot say how produced, but I suppose by a blow on the head or on the pit of the stomach, which would affect the brain—I have heard the evidence as to the blow on the head, and that he was never conscious after, and I think that a blow so given, causing such results, would cause his death.
Cross-examined. If he caught his foot on the kerb stone and fell on his head, that would also produce a shock—it could not arise from any other cause that I know of besides a blow or a fall—running in a state of excitement, after drinking, would not do it—it must have been a shock from some violence—he did not smell of liquor.
GUILTY .*— Eighteen Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JAMES EDWARDS (Policeman Y 199). On Thursday, 13th March, about 11 o'clock, a.m., I was on duty opposite the Finsbury Park Tavern, and saw two lads standing on the near side of the Metropolitan tramway, that is, on a siding—they were apparently talking, and were about thirty yards from the Blackstock Hotel—their backs were to approaching cars—I saw a oar approaching, it was close to them, not more than a yard from them at the time I halloaed out; they hardly had time to hear me before the near-side horse knocked the deceased down—the other boy got clear—the oar was going at about five or six miles an hour—they come in very sharp—I saw the boy under the horses' feet, and ran over at once and looked for the driver—he was about half-way between the horses and the oar, looking in this, direction, looking away from the horses—I think he was putting down his whip on the car, his left hand was to the reins and his right was coming from the car—he might have seen the boys forty or fifty yards up the road, but I do not think he did—this was about ten yards from the place where he would stop; some of them go a little further on the siding and some stop short—I pulled the boy out and heard him shouting "Oh, my poor leg"—he was taken to the Great Northern Hospital.
Cross-examined. I did not see the oar till it was within a yard of the boy—it went on four or five yards after striking the boy, not more—the
only opportunity I had of judging of the pace was while it went six yards—the shunting is a single line of rail—another tram oar was on the siding some distance further on—the other boy had got about two yards from the line before the deceased was struck; he moved in front of the horses, and I had no difficulty in seeing him—on wet mornings you cannot hear the trams, you can only hear the horses—this was not a wet morning.
Re-examined. The break was on when I pulled the boy out—the other car was thirty yards or more ahead—I never measured it, but I am sure there was a car in front, on the siding.
COURT. Q. Is this a crowded place? A. Not on week days—it is close to the entrance of Finsbury Park—the handle of the break is close to the coachman's right hand—I do not know whether the other break is used by the conductor, it is used when the horses are yoked to the other end—I took the number of the prisoner's badge, and his name and address, and called a doctor at once—the prisoner's whip was lying on the irons on top of the oar—he had nothing in his right hand—the road was rather on the incline the way he was driving—one or two conductors were on the other side of the way—I did not hear the prisoner shout or do anything.
JOHN ROBERT MORLEY . I live at 11, Clifton Terrace, Stroud Green Lane—I saw the two boys standing together on the siding, and saw the tramcar coming up at some distance, but I did not think the boys were on the siding—I saw the passengers get out after the boy was run over—I am sure of that—this boy's name was Cray—I was about thirty or forty yards from the boys, at the corner of Blackstock Hotel—I did not see the prisoner there till he shouted to the boy—I heard no shouting before that, but several persons shouted afterwards; I did myself—the front wheel went over the boy and the other wheel slid him along some distance—I do not think the driver could see him: he was in the attitude of putting his whip down, I thought, and was holding the reins in his left hand—I do not suppose he knew that he was knocking down a boy—the siding is eighty or ninety yards long from where it leaves the main road to where they go out at the other end—they stop in general at Finsbury Park Tavern before they get to the horse-trough—the car had not got to the place where they stop when it knocked the boy down—(The witness pointed out on a plan the spot at which the boy was blocked down)—he was seven or eight yards before you get to Finsbury Park Tavern door—I saw a car ahead between the front of the door and the horse-trough, the front of it might be agin the horse-trough—the car was going five or six miles an hour, more or less, when the accident happened—the break was in front of him.
Cross-examined. There was another car further on before you get to the horse trough, and he would have to slacken or he must have run into it—I thought the boy was beyond the metal—I was very much frightened—I have seen the drivers put the whip on the rails.
COURT. Q. How far was the car when you first saw it from the end? A. Fifty or sixty yards—I was with a person who was waiting for a gentleman to come by the tram, and I said "Here comes another one, Johnny"—from the spot where I first saw the car, the driver must have seen the boy on the line if he had looked, there was nothing in the way—I observed it the whole distance, I was looking towards it to see whether this gentleman came, and had ample opportunity of seeing the pace at which he was going—I did not hear the driver call out, or see him make any sign to the boy, and I could not be off seeing him if he did—there was a bell on the horse's
collar—the driven have a whistle, but the prisoner did not use it that morning—I think they have it on a string.
JOSEPH FULLER . I am a gardener, of 37, Queensbury Road, Essex Road—I was near the lamp opposite the Blackstock public-house and saw two lads standing on the metals of the tramway, some minutes before the car came up—I was waiting for a gentleman to come by the car, and was talking to the last witness—I first saw the oar fifty or sixty yards before it came to where the accident was, and before it got to the tavern—I saw it approaching the boys, but I did not think they would stop in the way, in fact, I could hardly tell whether they were on the metals or not, it is a sixty or seventy foot road—they were about twenty yards from me—I saw the near side horse knock the boy down, and saw the horse attempting to kick—the horse went, on with the car—the driver was looking back towards the inside of the car, because the passengers had not got out—he was either looking back or putting something back, his head was away from his horses, he does not sit, he stands—you may enter the oar from both ends—I don't think he saw the boy at all till he was knocked down—I saw him apply the break after the boy was run over, and that caused the boy to be skidded along some few yards before he was extricated—I decidedly saw the accident before the driver himself saw it—the break seems to stop the whole four wheels at once, as if it was connected from one end of the carriage to the other—the near side lore-wheel ran over the boy—there was some calling out to the boy from both sides, but not before he was hit.
Cross-examined. I am quite certain the break was not full on before the boy was reached, because if it had been the wheel would never have passed over him, from what I can see of the construction of the thing—I know it was not applied' before, because I saw him turn round and put it on after the boy was down—I did not see whether it was his whip or what it was he was putting down, or whether his attention was called into the oar—I did not halloa out—the other boy was about two yards from him, he just stepped out of the way to save himself—the trams have bells, and I could not be off hearing this one coming.
JURY. Q. Did you help pick up the boy? A. I went round, but five or six people came out of die oar; the driver made no remark, he went on with the car, and I waited for the, next ear, and the gentleman came by it.
WILLIAM JAMES SMITTEN . I live at 1, Campbell Road, Seven Sisters' Road—I was with Cray on the tramway—I was not between the metals, but he was—his back was towards the trams coming from London, and he was looking towards the Manor House and the tea gardens—my back was towards him, and I was looking across the road—I was not talking to him at the time, but I had been about three minutes before—I saw the car coming along as it was shunted—I saw that he was in danger when it was coming into the siding, and I called to him twice—I was then about three yards from him—he did not hear me—I don't know whether he was deaf—I say that he did not hear because he did not move—he was between the two metals then, and I saw the pole hit him on his back, and then saw him lying under the wheels—I did not see the wheel go over him—I went round to the other side; I was not on the Finsbury Park Tavern side; I was between the siding and the main tramway, just where they run into one another, going in the direction of the Blackstock Hotel—I was frightened, and went away.
Cross-examined. I had time to call to him a second time before he was
knocked down, and he was turning away to get off the line when the pole struck him—the horses were about 10 yards from him when I first called to him—I did not notice the bells—I don't think he heard me the first time, but he did the second.
COURT. Q. You come to that conclusion in consequence of his turning away? A. Yes—the car was just coming to the siding when I first observed it, and I was going across, making for Blackstock Road—he was waiting for another boy—if he had heard me when I first called out to him, there was plenty of time to get out of the way.
ADAM YOUNG . I am house-surgeon at the Great Northern Hospital—the deceased was brought in on the 13th, suffering from compound fracture of the right thigh bone, with great injury to the soft parts, the muscles, and so on—I found a very great wound, a crushing of the whole of the muscles of the thigh, which had caused blood to flow, and there was a wound behind the left knee; he was also suffering from the shock—I attribute death to the shock supervening on the injuries.
MR. M. WILLIAMS submitted that there was no evidence of negligence, for as the deceased did not get out of the way when the other boy called to him, it would have been the same if the prisoner had called to him.
THE COURT considered that it was not a question of negligence on the part of the deceased, but of the prisoner; and that even if the deceased had been drunk and lying on the rails, there would have been no excuse if the prisoner ran over him. The question was whether the prisoner was guilty of negligence or not.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ALFRED TOWERS . I am chief clerk in the advertising department of the "Birmingham Daily Post"—on 13th February I had 16l. 9s. 4d. for the families of the gas stokers, and I sent for two post-office orders—these two orders (produced) were brought to me—(One was for 10l., numbered 26, 464 and the other for 6l. 9s. 4d., numbered 26,463).—There was then no writing of the name of the payee on them—I put them in a letter addressed to Mr. Potter, Bolt Court, Fleet Street, London, and they were posted with our letters—I made no request at any post-office, nor gave anyone authority, to transfer the orders from Fleet Street to Lombard Street—they are Fleet Street orders—this order, signed "Alfred Towers," is not my writing, or written by my authority.
HENRY BROADHURST . I am a stonemason, and secretary to the Gas Stokers' Defence Committee—on 15th February I was acting for that Committee—this letter (produced) is not my writing—the treasurer would be the person to receive the money that came for Mr. Potter for the gas stokers—it is possible my name might be known to Mr. Towers through the press—I do not know where 29, St. James's Walk, Clerkenwell, is.
Cross-examined. These were subscriptions which were being raised for the imprisoned gas stokers—Mr. Potter is the editor of the "Beehive"—I am not aware that he takes great interest in strikes—we advertise for subscriptions to be sent to Mr. Guy, the treasurer's house, in the New Kent Road—I am not aware of Mr. Potter receiving any subscriptions—there was no authority to address them to him, but some persons would prefer sending them to him.
Re-examined. I know the prisoner's writing—I have seen him write—these words "George Potter" and "Lombard Street" are, to the best of my belief, the prisoner's writing, and it is the same on each order—that observation applies to the receipt, and to the request to transfer—the signature "Alfred Towers" to both the Lombard Street orders is also the prisoner's writing, to the best of my belief—the letter of the 21st is the prisoner's writing, to the best of my belief, and so is the form directed to the postmaster, Fleet Street, and the signature "George Potter," as well as the direction.
MR. M. WILLIAMS. Q. What connection have you with the office? A. I have various business connections with Mr. Potter, but I do no business in his office except in connection with the Committee—I have not worked at my trade for four months—I have been doing some business as an emigration agent, and as secretary of the Labour and League, and secretary of the Gas Stokers.
ALFRED TOWERS (re-examined). I received a letter at Birmingham, signed "Henry Broadhurst, "about 24th February—I replied to it—I believe I gent my reply to some place in Clerkenwell—a stamped envelope was enclosed.
ELLEN GATES . I am the wife of Robert Gates, tobacconist, of 29, St. James's Walk, Clerkenwell—in February I received a letter addressed to Mr. George' Potter, and another to Henry Broadhurst—Mr. Potter's came first, I think, I am not quite sure—some one called for Mr. Potter's letter; I do not remember who it was—I delivered Mr. Broadhurst's letter to a gentleman who called; I don't know who it was—I do not know whether the two letters were delivered to the same—person—I don't know the prisoner or Mr. Potter, or Mr. Broadhurst.
COURT. Q. Do you mean to say that you take in a letter addressed to a stranger, whether you know him or not? A. Tea, that was carried on before I took the business.
Cross-examined. We have a card in the window, stating that letters can be left there—we charge one penny each, and when anybody calls we give them the letters they ask for.
EMILY REGNART . I am a clerk in the Fleet Street money order office—on 14th February I received advices from Birmingham, for 10l. and 6l. 9s. 4d. sent on the 13th by the postmaster at Birmingham, to the postmaster at Fleet Street—after that I received the transfer form in which ere enclosed the two Birmingham orders on Fleet Street—I then issued from the office orders to pay the amount to Towers at Lombard Street, and sent them according to request to 29, St. James's Walk, Clerkenwell.
WILLIAM ASLING . I am a clerk in the post-office, Lombard Street—I received these two advices 2870 and 2871 from the postmaster, Fleet Street—the Lombard Street orders were presented to me and paid by me on 25th February—I do not know to whom.
GEORGE POTTER . I am publisher of the "Beehive" newspaper, 10, Bolt Court, Fleet Street—the office is one room on the ground floor—no person uses the office besides myself—Mr. King's office is on the other side of the passage—the prisoner his been employed at the "Beehive" about five years, to write wrappers for "Beehive "newspapers, and to sell the "Beehive" on Friday and Saturday, and do necessary work—he was the only clerk I had—there was no person in the office but the prisoner and mys el
—previous to May last I had been in the habit of receiving orders on the Fleet Street post-office, and up to a certain period I sent the prisoner with them to get them cashed after I had signed them, and bring the cash to me—in consequence of something occurring I changed that arrangement—an order or two had been lost and cashed, and I requested the parties at the post-office not to pay any more of my orders through the window to any person, but to cash them through a bank crossed—that arrangement was made in May, 1872, and was continued up to the present day—from that time I have not entrusted the prisoner with any post-office orders to cash at Fleet Street—he had no authority to open my letters or to sign I my name—the office was fastened at night by Mr. King, who is later in the house than others; he shuts the door when he leaves and puts a padlock on it—the prisoner comes at 9 a.m., except on Friday, when he is supposed to be there at 5 o'clock, in order to publish the paper for the country—he ought to sort the letters and lay mine on the desk, and lay any others in the office—he never handed me Mr. Towers' letter Containing two postoffice orders—I never received it—these signatures on the Fleet Street orders are not mine, nor is the form addressed to the postmaster in Fleet Street, to have substituted orders sent to 29, St. James's Walk, Clerkenwell—I know nothing of 29, St. James's Walk.
COURT. Q. Whose writing do you believe them to be? A. As far as I can judge they are in the prisoner's writing, it is a feigned signature, but the character of the writing I believe to be his, and the request also, to the best of my belief—the letter is in a feigned hand, but I believe it is the prisoner's writing—I believe the signatures "A. Towers, "to the Lombard Street orders to be in the prisoner's writing—about 23rd or 26th February I heard from Mr. Broadhurst that the letters had miscarried, and we sent down to Birmingham, and Butler was placed in the office—Hard was with me on the 25th March.
Cross-examined. There are ten rooms in the house, but the prisoner was only in one room, which was the office of the "Beehive"—one door leads into the passage, and another into the court—there is a letter-box in both—the morning letters for the whole house are put into the outer door, and it is the prisoner's duty to sort them, but not to distribute them—he lays mine on my desk and keeps the others back, and the clerk from up stairs takes them—one person does not have the ten rooms up stairs—one gentleman, Mr. Pratt, up stairs, had his letters delivered with mine in the morning—they were not very numerous—I inhabit the other rooms for my editorial work—Mr. King's letters go into his own private box—I very rarely open the box myself, unless I am going away by an early train—King is an advertising agent—Pratt is a gentleman, and is part proprietor of the "Christian World, "and chairman and director of several companies—he lives at Brighton and seldom comes before 11 o'clock—I go there at 9.15 or 9.30—I am sometimes in the country on my own business—I am not fond of other people's business—my opinion is beyond all doubt that these documents are in the prisoner's writing, but in a feigned hand.
Re-examined. Mr. King has had an alteration made, and his letters are put into his own box ever since last May—his letters were not mixed with mine at all at this time—William Bridge is his clerk—no other letters are put there to my knowledge besides Mr. Bridge's.
have been in his employment eight or ten yean—I have known the prisoner since he has been there, and am well acquainted with his writing—I have seen it daily—the signature "George Potter" to these Fleet Street orders is, I believe, the prisoner's writing—I am acquainted with Mr. Potter's writing—they are certainly not his; nothing like it—I also think this request to the postmaster in Fleet Street is the prisoner's writing, but it is disguised, and written with a fine-pointed pen—these signatures, "A. Towers, "to the Lombard Street orders, are also in the prisoner's writing, I should say there is very little deviation.
Cross-examined. The writing resembles the prisoner's ordinary natural writing—I come at 10 a.m., and on Saturdays from 6 o'clock to 7—I have borrowed the prisoner's key to let myself in, but not this year or last—it is twelve months since I worked there at night—I never get there now till 10 on Saturdays, or any other days—Mr. Pratt is a publisher and part proprietor of papers—he used to assist Mr. Potter in the publication of the "Beehive"—he has been dead three weeks—there is a letter-box in every door of the house—the door is opened at 9, and if the postman comes and the door is open, he brings the letters up stairs—nobody sleeps on the premises—there is no housekeeper.
COURT. Q. Was the prisoner the person who was expected to come first of a morning? A. Yes, to open the outer door—he might then find the letters in the common box—it was his duty to sort them, and if he found any for Mr. Pratt he would place them inside his own letter-box—he would simply reserve them till I came—he would give Mr. King's letters to Mr. King's clerk.
Re-examined. There is a slit in the door and a slit in Mr. King's window—the only letters coming through the door would be Mr. Potter's and Mr. Pratt's—Mr. Potter had about half-a-dozen letters a day.
EDWIN BUTLER . I am a detective officer specially employed by the General Post Office—in consequence of complaints at 10, Bolt Court, I went there on Friday morning, 21st March—I had the key from Mr. King, and was locked in between 4 and 5 in the morning—I placed myself where I could see the counter in Mr. Potter's office, but I was in Mr. King's room—the outside door was opened by the prisoner about 6.15—he went into the office and went about his ordinary business, serving customers, and at 8 o'clock the letter-carrier came, and put some letters into the inner letterbox in Mr. Potter's door, the "Beehive" office—the prisoner had just left the office then, and gone somewhere about the building—he returned in a few minutes, and took the letters from the box and placed them in a desk at the end of the office, directly opposite the door where I was concealed—he then took a pen-holder or pencil and a bottle of gum, and a piece of blotting-paper, which he placed on the counter, and opened four letters by putting the pen-holder or pencil in, and prizing them open gradually—three he sealed up again with gum, and the fourth he put into his pocket—he remained there till 9 o'clock.
JAMES HANN (City Detective). On 25th March I was concealed in Mr. King's office at 4 a.m.—the letter-carrier came at about 8.15, and the prisoner opened the outer door at 9—I saw him open the outer door and the shutters of the office-door—he then came into the passage, picked up some letters, and took them to the office—Mr. Potter came at 9.30, and I then went into the office and told him, in the prisoner's presence, what I had seen the prisoner put in his pocket—I then took him in custody; and on the same
morning, when I was taking him to Guildhall Police Court, he made a sudden rush and got away from me—I caught him and we both fell, and he got away again, but was stopped in Milk Street, and I took him again.
Witnesses for the Defence.
JAMES HALFORD . I am a hosier and outfitter—I have known the prisoner six years, and have seen him write—in my opinion the signature, "George Potter, "to these Fleet Street orders is not his writing, nor is this request, nor this letter.
Cross-examined. I have some of the prisoner's writing in my pocket—it is the book of a society which it is his duty to keep—I have never compared it, because I have never seen these papers till this moment—I attended on Monday to give the prisoner a character, and I attended the examination at Guildhall, but I did not see the documents—I knew on Monday that I was to give evidence as to his writing.
COURT. Q. Do you give a confident opinion upon it? A. To the best of my belief; the characters are entirely different, capitals and all—I have two books here which it is the prisoner's duty to keep—I have not compared them—it is in connection with this society that I have become acquainted with his writing—his writing has not come before me regularly, but year by year the books go through my hands.
THEODORE JOHN VENEMORE . I am a warehouseman, and live at 11, King Street, Camden Town—I have known the prisoner seven or eight years and have seen him write many times—the name "George Potter" to these Fleet Street orders, is not the prisoner's writing, in my opinion—the transfer is in the same writing and is certainly not his—I do not see a letter resembling his in this letter.
Cross-examined. I saw him write the first Monday in last month—I see him write at least once a month and sometimes more frequently—I have some of his writing in my pocket—I have never seen the forged documents before—I did not go to Guildhall—I attended here on Monday at the request of the prisoner's attorney—I knew that I was expected on behalf of the prisoner to speak to handwriting.
Re-examined. I wanted to see it before I was able to speak to it—I give it as my deliberate opinion that these are not the prisoner's writing—I can see no resemblance whatever—this (produced) is a letter in the prisoner's writing, to the best of my belief, but it is not to me but to his wife—it is signed "John" only, and dated June 7, 1871.
MR. BESLEY. Q. How came you in possession of it? A. I received it from his wife since his arrest—I should say that the word "oblige" in this letter is very dissimilar to the word "oblige" in the letter to Mr. Broadhurst—I should not say that they were written by the same hand—they are so dissimilar that I should not say they are the same—the "g" is the only letter; that resembles it slightly.
WILLIAM JOHN OXLEY . I am a post-office clerk of 36, Catherine Street—I have known the prisoner six or seven years and have been in the habit of seeing his writing—in my opinion the "George Potter "on these Fleet Street orders is net his writings—this order for the transfer does not appear to be anything like his writing—in my opinion it is not his writing disguised—I do not believe the prisoner ever put pen to this paper (The letter).
Cross-examined. There is some similarity between this paper (Handed to the witness), and the prisoner's writing, but I don't think it is his.' I do not
believe these two words "oblige" on this paper and in the Broadhurst letter are written by the prisoner, or that they are written by the same person; but one is more like his than the other—I have seen him write on many occasions but I do not know that I have preserved any of his writing—I was here on Monday—I have not seen any of these documents before now—I was asked to come here by a friend of his, not by the solicitor—I mean to say that when I stepped into the witness box I did not know that I was going to be asked as to writing; I came to give him a character.
J. HALFORD (re-examined). I have books in my possession kept by the prisoner, but have not seen him write in them—this (produced) is the class-book of a Sunday School of which I am superintendent, and which he keeps and writes in Sunday by Sunday—he is a teacher—this is another book in which he writes as superintendent.
MR. BESLEY. Q. You never saw him write in either of the books? A. No, but I have seen him write—I constantly received his letters and acted on then.
MR. BESLEY re-called.
GEORGE POTTER . This document (produced) is the ordinary order of the prisoner's, "Please print another ream, and oblige John Coles. Jan. 7, 1872." It is what he sends to the printer—these two slips with figures (produced) are also his writing—they are two weekly statements of the sale of the paper.
COURT to J. HALFORD. Q. Just point out which is the prisoner's writing? A. It commences where it is turned down, and from there to the end of the book, I believe, is all in his writing—they are, minutes of different meetings, signed by the chairman—the other, the school-book, is his writing, too, and I have the corresponding book for 1872 as well—this (pro duced) is a book of signatures, all of which were written by the prisoner.
The Prisoner received a good character.
GUILTY — Five Years' Penal Servitude.
THIRD COURT, Wednesday, April 9th, 1873.
Before Mr. Deputy Recorder.
MR. METCALFE, Q.C., and MR. SLADE, conducted the Prosecution.
JOHN MCCARTHY . I am a labourer, living in Bermondsey—on 21st August, 1871, I was taken up and got a term of six months' imprisonment—at that time I had 40l. in the Post Office Savings' Bank—I think it was about a year before that I made my first deposit—the prisoner was with me when I made it—I believe he lived at Oak Lane, Limehouse, at that timehe was no friend of mine; he was a neighbour—I cannot write and I made a cross—the prisoner witnessed the mark—I did not draw any money out at any time—I never authorised the prisoner to draw any out for me—when I came out of prison at the end of the six months' I did not see the prisoner—I did not see him till I saw him in a jeweller's shop in the Edgware Road—I was enquiring about him from the time I came out, which was on 10th March, 1872, and I did not see him till the 10th of last month, when I found him at work in the jeweller's shop—I gave him in charge—I found my money was gone when I came out of prison, and I; got Father Stanton, my priest, to apply to the Post Office authorities for
my book—I had not seen the prisoner the Saturday before I went to prison, and I did not go to his house—I did not have any conversation with him about my savings' bank book at any time before I went to prison—I saw him at the police-station afterwards, and I asked him if he would give me 20l. of my money I would give him six months to pay the rest—I did not want to lock him up—when I went to the jeweller's shop I asked him for 20l., that was half the money, and I would give him six months to pay the remainder—he made no answer—the policeman was standing against the door outside, and I gave the prisoner into custody.
Cross-examined by Prisoner. I know you are a silver-plater by trade—we were not very intimate at the time I was arrested—I lived next door to you in Walker Street, Bow Common; we were not intimate at that time—I have seen a shop there, and have seen a man at work in the shop, but I did not know it was yourself—I was never in your shop; I have been in your house sometimes—I never gave you my watch-chain to plate—I did not come to your house in Oak Lane on 19th August—I was arrested on 21st August—I did not get a notice of withdrawal from the savings' bank and hand it to you—I never signed a notice in your presence—I was not anxious to withdraw my money before my arrest—my wife had not 60l. in her possession when I was taken to prison—I know she got 10s. from her father-in-law towards my defence—she would have a little money in the house after I paid her on the Saturday—my wife did not ask me in prison if she was to give you my bank-book—if she gave it to you, she gave it without my authority—I gave her no authority to give you my book—I did not tell my wife to ask you to get Counsel for my defence when I was in the House of Detention—I know James Downs—I know he is employed at the Gas Works at Vauxhall, I saw him there—I never saw him before that—I don't know where he lived—I was told in Pimlico that he worked at the Gas Works, and I found he did work there, and he said you had gone away and your wife—I did not tell him what I wanted to see you for—I did not tell him I had given you notice to withdraw my money—when I gave you into custody I asked you for 20l., and said I would give you six months to pay the remainder.
CATHARINE MCCARTHY . I am the wife of the last witness—he went to prison on 21st August, 1871—the day after he was locked up I was going to see him, and the prisoner met me in the street and said "Have not" the policemen been to your house and searched—I said "Yes"—he said, "I have heard they have been there, did they take anything away r—I said "No"—he said "They will come twice more, and search the house, and will take everything away out of the house, "and he said "Have you got any bank-book?"—I said "Yes"—he said "They did not take that away?"—I said "No, they did not"—he said "You give it to me and I will mind it for you until such time as your husband's trial will be over, and then I will give it you again"—I did not give it to him, and he walked with me right up to Clerk en well—I met him again afterwards, the next day—he said "If you don't, the policemen will have it and take it away, and you had better move out of the house as soon as you can"—he told me I had best leave the house as quick as I could, because the policemen would come and take all away—I did not give it to him that day—he followed me every day until I gave him the book—I believe it was the same week that my husband was taken that I gave it to him—I don't know how many days—I did not show the prisoner
the book before I gave it to him—I never saw him again after that until I saw him in Arbour Square—I did not give him any authority to draw out the money—I did not go to the prisoner's house after my husband was taken—he never showed me a notice of withdrawal—I did not go to any post-office to get money—I have no male cousin—my husband has, and he is in Court—it is not true that I went on the Monday after my husband was taken, to the post-office with a cousin, or with any man—I have not had any money from the prisoner at all—it is not true that I went to a public-house with the prisoner, counted the money and handed it him—I went to his house a week or so after I gave him the book, and it was shut up.
Cross-examined by Prisoner. I have been to your house in Oak Lane, with my husband, to see your wife—I did not know she was your housekeeper—she lived next door to me, so I knew her well as a neighbour—I never went into the country with her—I did not come to your house after my husband was locked up and tell you that he was locked up—I did not give the bank-book to the police; you had it and made use of it too—I did not ask my husband whether I was to give it to you—I did give it you in the street, not in your house—I never put a cross on a piece of paper in your house—my husband did not leave me 60l. when he was looked up—I had a little money—I borrowed 10s. towards paying for my husband's defence—I was short of money at the time, but I had 7l. from America while my husband was in prison—the money I received from America was for keeping my husband's mother—I lived next door but one to you in Walker Street—I don't know that you plated my husband's watch-chain—you had a shed or something there, but I was never in it—I don't know whether my husband has ever been to your house in Walker Street.
JAMES DUNCAN LONG . I am a clerk in the Savings' Bank Department of the Post Office—I produce a deposit-book, "Mile End, 6344"—the name of the depositor is "John McCarthy, 33, Burgess Street, St. Paul's Road, E."—a depositor wishing to withdraw, would obtain a notice of withdrawal, which is procurable at any post-office, and fill it correctly up, sign it, and forward it to the principal office, having filled in the amount he wishes to withdraw, and the name of the office at which he wants the warrant paid; a warrant is then sent to the depositor, and an advice to the office named—on 25th August, 1871, this notice of withdrawal came into my hands—it is dated 19th August, and the postmark is the 24th—it is signed "The mark of John McCarthy; witness to above mark, F. Harris, now 5, Oak Lane, Limehouse, E."—that is the address of the supposed marksman—it is to withdraw a sum of 40l. with interest, to close account—I compared the notice with the signatures which we keep, and compared one cross withanother to see that they were properly attested, and sent it to the ledger clerk, and had the warrant made out; I then sent it to "5, Oak Lane, Limehouse"—the warrant was returned to me on 30th August as paid, the depositor's book came with it, and the account was closed—I received a letter from Father Stanton, in March last year, in consequence of which I made inquiries.
Prisoner. Q. Is it necessary to put the number of the book oh the notice of withdrawal? A. Yes.
DANIEL COLE . I am a clerk in the Eastern District post-office—on 28th August, 1871, this warrant was produced for payment—it was presented by the depositor McCarthy, or somebody representing him—the depositor not
writing his name, I should inquire whether that was his cross or mark, and apparently I have got him to make a fresh one in the office—it was not done plainly in the first instance, and I requested the depositor to make his mark afresh—no doubt there were two men together when it was presented—I paid the money to one of those men—I should not have paid it if one of the persons had been a woman, because the depositor was a man and the witness was a man—I kept the book, and forwarded it to the chief ofljce—the money I paid was 40l. 15s. 8d.
Cross-examined by the Prisoner. I do not identify you as having presented this warrant, nor being present at the time—I should not have paid it if it had been presented by one man, unless I knew the depositor personally—I should ask him if he was the depositor; if he said he was the witness to it and had witnessed the depositor's marks, I should not pay it; I should only pay it to the depositor himself, or the one who said he was the depositor—it is not necessary it should be signed in my presence.
MARY LANGDON BEDELLS . I am the daughter of James Bedells, the postmaster at Mile End Road—a declaration is necessary when a deposit is first made, which is to be signed by the depositor—I filled up this declaration for McCarthy on 26th May, 1870—it is attested by Harris, and signed with the cross of McCarthy—I made out the book which has been produced.
STEPHEN MOORE (Police Sergeant D 16). On the 10th of last March the prisoner was given into custody by McCarthy at 87, Edgware Road, and charged with obtaining 40l. from a Post Office Savings' Bank by forgery—the prisoner made no reply at first—McCarthy said "Now, Mr. Harris, you have had my money; if you will give me 20l. I will not charge you,—Harris said "I have no money; you had better take me to the station, I can explain better there"—at the station he said "I had the book, have drawn the money and spent it, and it was by their authority; and I will give you 1l. a week out of my wages if you don't charge me."
MARIA ANN FORD . I am the wife of a labourer, and live at Shore Alley, Limehouse—I knew the prisoner as a neighbour living at 5, Oak Lane—he was living there in August, 1871—I bought a chest of drawers of him on the 29th August, and he left on the 30th or 31st, and did not come back.
The prisoner, in his defence, stated that two days before the prosecutor was arrested, on the 21 st August, he went to his house in Oak Lane, and signed the notice of withdrawal, knowing the risk he was going to run of being taken into custody on the Monday; that the notice was all filled up, except the number of the book, which was filled up after McCarthy was arrested; that he never denied having the book and receiving the money, but that it was paid into his hands by a man who went to the post-office, and he was to have it ready when McCarthy came out of prison; that he got into difficulties and could not do so, but had said that he was willing to pay 5l. down and 1l. a week, and that he was innocent of the charge of forgery.— GUILTY *— Two Years' Imprisonment.
288. JACOB PROUT (37), and JAMES DENNY CHAPMAN (62), were indicted with WILLIAM STEVENS (not in custody), for unlawfully obtaining by means of false pretences, 537 yards of cloth and other goods, with intent to defraud.
MR. POLAND conducted the Prosecution; MR. RIBTON defended Prout; and MR. WARNER SLEIGH defended Chapman.
I was in the service of Mr. Auckinvole, who trades under the firm of Johnson and Fairie, and has business premises at Glasgow, Bradford, and 19, Old Change—I am employed as salesman at 19, Old Change—he is a yarn merchant—I have been in his service twelve months—we occupied the first floor—the prisoner Prout had an office there as well, on the second floor—he was there before I was—I have known him about six years—on 30th December I had in coburgs, cords, alpacas, and flannels for the purpose of selling—the coburgs, cords, and alpacas were worth 435l. and the flannels 118l.—on 30th December a person named Stevens called on me, and wanted to see ray Bradford goods; before that he had placed two or three memoranda in my letter-box, saying that he wanted to see me; they were generally put in at the time I went to dinner—I showed him the goods—Prout was present and assisted me in showing them—I asked him who he was representing, and Stevens said he was the buyer for Paul Henwood, of Lime Street, and their shipping office was at 154, Leadenhall Street—Prout wrote that on a piece of paper at the time he was leaving—Stevens looked at the goods, and I told him my price for them—after I had shown him the different numbers, he offered me a farthing a yard less to clear the lot—I told him that I could not do so until I had communicated with my people in Bradford, and then Prout reminded me of a letter I had had from them to say that I could take a farthing a yard less, which I had forgotten at the time—he wrote on a piece of paper "Do you recollect the letter?"—I don't know what has become of that—I destroyed it with my letters—I read the memorandum, and I then remembered I had received a letter to that effect—I had previously shown that letter to Prout—I then told Stevens that he could have the goods; that applied to the coburgs, cords, and alpacas—after that, as he was going out, I asked him if he was a buyer of flannels—he said he could buy them if the price was right—I showed him the flannels and Prout assisted me—he said he would let me know the next day, he could not agree to take them then—he came the next morning and said he would take them—I asked him then for a reference, and he referred me to Cook, Sons, & Co., and told me he could give me several if I wanted them—that was a reference for Paul Henwood—he rather laughed at the idea of my asking him for a reference—I told him I should not send the goods until I had a reference—the reference was very good—on the following day Stevens came in again and told me how he wished them to be packed, and asked when I could get them ready—I asked him how long he could give me, and he said "Till 4 o'clock"—Prout was there—I asked Stevens if he would give me till 4.30, as I could not get them done, and Prout offered to assist me in packing them—I said I would try and get them in by then—Prout did not come to assist me at the time until nearly 4 o'olook or a little after, so I was behind in getting them ready—I had been packing them up in the meantime—Prout assisted me when he came—Stevens came again about 5 o'clock or 5.30; the goods were not all packed by that time—he asked me why I had not sent them—I told him I was unable to get them ready, and that I could not get them ready till 6 o'clock—he left and came in again in about a quarter of an hour—Prout and I had continued packing—it was then nearly 6 o'clock—I told him I could not promise them till the next morning, as the waggons were busy to go north and south of London for their regular customers—Stevens said he must have them that night—I told him I could not do impossibilities, if I could not get a waggon of course I could not deliver them—he looked at his watch and said it was just 6, and one of
Paul Henwood's waggons would be in Leadenhall Street, as they had three or four waggons of their own—I referred to Prout, and asked him what he thought of it, and he said it would be a very good idea if he wanted them that evening, as he could not have them without—Stevens went away, and came back with a man and a waggon a little after 6—we had finished the packing then—Clegg was the carman of the van—Stevens came up with the man and said "Those are the goods, take them down and put them in the van"—Prout was there then and his brother-in-law—the carman took the first lot down, and Prout followed him with some more—his brother-inlaw took some down as well—I was going to take them, but Prout suggested that the man should keep in the waggon; they would take them down and I should get them ready for them to take—Prout and his brotherin-law carried the goods down—the carman, after the first time, remained down stairs—I delivered the goods in that way—after they had taken two or three loads down I asked Prout to ask Stevens whether there was any occasion for them to be signed for, as I had a book for that purpose—when he came up again for some more goods he said Stevens said there was no occasion, as it was Paul Henwood's own van and carman—that satisfied me as I had had a good reference—the goods were all delivered in that way—Prout and his brother-in-law took about a quarter of an hour or twenty minutes to take them down—Stevens was at the tail end of the van and the carman was stowing the goods away—I did not make put any invoice as the goods came from Bradford; I sent my list of what I had sold, and it would come up from Bradford—after the goods were carried down, Prout and his brother-in-law remained in my room a few minutes and then left. Stevens went with the waggon—I afterwards saw the whole of the goods at Burton's sale rooms at the Broadway, Ludgate Hill, on the 15th January—they are the same goods—before that, on the 5th or 6th, I wrote a letter to 154, Leadenhall Street, the address which was given as the shipping office—I addressed it to Stevens—he said I should always find him there if I wanted to write—I did not get any answer, and I went there myself on the 16th—I found 154 was Deacon's Reading Rooms, and my letter was lying there unopened—I went to 12, Lime Street—I found that there were business premises there, but that they had never ordered the goods—I had not been in the habit of selling goods to shippers—Prout had suggested that I should go round amongst the shippers—I did not hear from Stevens how he came to me—two or three days after the goods had gone, Prout spoke to me about commission, as he had brought the man to me—I said, "You did not bring him, he came by himself, "that was all that was said—Prout and I used to live together in the same house of business, that is how I knew him—he used to sell some of my goods, and was very often in my place—he went down to Cornwall, and I received this letter from him on the 17th or 18th January—when I found the goods were wrong I had written to him—I said "You know as much about the goods as I do, you had better come up, "and this was his answer—"New Quay, Cornwall, Sunday. Dear John, I am astounded at the contents of your letter; will be, if possible, on Tuesday morning in London. I was required down to see my mother, who is ill and wants to make her will. Will be with you as soon as possible. By G—! if I had thought he was a swindler what would I have done with him! I should like to be with you now. Cheer up, I shall most likely find him out. I shall know him again when I see him; he was someone who understood the trade, by the way he handled
and looked at the goods. I am sorry for you, yet you could not help it; I should have done the same if I was in your place. References first-class, what more was there wanted? If I get the will made to-morrow, I will be with you on Tuesday. Cheer up all you can." I know Prout's writing very well, and have seen him write—this invoice of Hall & Co. is in his writing—I should not have parted with my goods unless I had thought it was a true story about Henwood, and the shipping office, and all about it.
Cross-examined by MR. RIBTON. I had sold goods for Prout on several occasions, and I had sold him goods for my employers—the last amount was over 100l.—I have sold him goods for the last four or five months—he has had credit and he has paid—the last payment was in January, after this affair—I never received the money—it was sent down to Bradford—I think it was 80l.—he is still indebted about 170l. or 180l. for goods sold to him—he was in the habit of coming to my office nearly every day—he has never assisted me in packing before—my goods have generally come from the manufacturers to the wholesale houses and have not been delivered at my office at all—he had no opportunity before this of assisting me in packing—he used to take my goods out and sell them, and he had 2 1/2 per cent, for what he sold—he has not sold a great deal; to the amount of some hundreds, I dare say—the commission would come from Bradford to him, not through me—no doubt that would be taken off his account—he was in the office when Stevens first came—we had just come in from dinner—we generally went to dine together—I had never seen Stevens before, and as far as I could judge Prout had not—he remained about half-anhour the first time—Prout was present all the time, and we talked the matter over after Stevens left—I had the reference to Cook's the next morning—I had the name Paul Henwood—I know now it is a well known name in the trade, but I did not know it then—Prout did not remain long after Stevens left—I don't think I saw him again that day—it was on the first occasion he wrote something on a piece of paper and handed to me—a reduction of a farthing a yard is a very common thing to clear a large quantity—Prout came to the office the next morning for a short time, in the usual way—Stevens did not come the next day, but on the 1st January—he came early in the morning—Prout was there; he came in afterwards—he merely said "Good morning" to Stevens—they did not seem to be acquainted—it was on that day the goods were loaded in the way I have told you—I say that this invoice is in Prout's writing—the "January" I believe to be his—the other part is disguised, but I believe it to be his writing—the figures are like his figures—I can't point out any other resemblance to his writing except in the top part and the figures—the word "January" is more like his style of writing—the figures are joined together in his usual way of making them, but there is nothing particular about that—I was given into custody on this charge at first.
Cross-examined by MR. SLEIGH. I did not see whether Paul Henwood's name was on the waggon, I had no occasion to go down—this is the largest quantity I have sold since I have been there—I had never sold to a shipper before—Prout suggested that I should sell to shippers, and we went round amongst the shippers, trying to sell these things—I sold them a farthing a yard off the usual price—that was in consequence of the letter, and I was anxious to clear them.
Re-examined. I did not see the name on the van—I just went down at
the last to say "Good-bye" to Mr. Stevens, and then they went off—before Stevens came there had been one or two papers put in the letter box—I showed them to Prout—they led me to expect a Mr. Stevens would call—Prout said he thought it was one of the persons we had been calling on, but he did not leave the firm's address—had he done so I should have gone down with my patterns to show them.
FREDERICK CLEGG . I am in the service of Stephen Baker, a carman, of 263, Hoxton Street—on the evening of the 1st January, between 5 and 6, somebody came and hired a van—he saw my master—he said he wanted a covered van to move some goods from Old Change—I had a covered van, with two horses—I went to 19, Old Change—I don't know who the man was—he rode beside me—when we got there I went up stairs to the first floor with him—there were some goods and three or four men there—I went down to the van again, and Prout and another man brought the goods down and I packed them in the van—the man who hired the van told me to drive to the Amherst Road, Hackney, and then he would show me where to go—when we got there he pointed out a private house, five or six doors from the Fairlie Hotel, and said "Go there and leave the goods, "and he went away—he said he had had a few words with a gentleman who was there, and he did not wish to see him—as I was driving to the house Prout met me in his shirt sleeves and said "Follow me"—I knew him again as the man who had brought down the goods at Old Change—he led the way and I drove the van into the back gates of the Fairlie Hotel into the yard—he said I was to unload there—he and three or four others assisted to unload—some of the goods were taken into the house and some were left in the yard—Prout asked me how much there was to pay for the hire of the van—I said "10s., as agreed"—he paid me 10s. for my master and 3s. for myself—it was a heavy load—after I was paid I drove home—after a short time, from what I heard, I gave a description of the men to Spittle, the officer—I am quite sure Prout is the man who paid me, and one of the two who brought the goods down—I have an idea that. Chapman helped to unload—I believe he was there.
Cross-examined by MR. RIBTON. I am a cabman—I have had two licenses—I had the first one in 1868—I did not lose it; I threw it in and went into a situation—I was not dismissed by my master—I will swear that—I went into a china and glass business—I was there four years—I was discharged from there for drunkenness—I got drunk on several occasions—I went in Baker's service in September—he keeps vans—I did not tell him I had been discharged for drunkenness—he never asked me—he has discharged me, not exactly for drunkenness; I stopped away as well—I have not damaged goods of his—I did not damage a piano—when I was taking this van of his to Hackney I stopped in Shoreditch to drink—I did not stop anywhere else—I was sober enough then—I don't know whether I stopped at more than one place or not—I had not been drinking during that day—I was sober enough when I went away with the van—I drove the van up against the wall as I was going into the yard—I thought I had room, but I had not—it was before that I spoke to Prout—I was following him into the yard—it was a dark night—I don't know whether there was any moon—I was the only one in charge of the van—I saw some other people at the hotel—I did not have anything to drink there—I don't think I saw the landlord; I saw the potman—I don't know whether he saw Prout talking to me—I was about 20 minutes or half-an-hour unloading—Prout
and the other man I saw at Old Change assisted to unload, and an old man who I thought was Chapman—I did not see Prout after that till he was in custody—it might have been a fortnight after this affair that I made a communication to Spittle—I don't know how many times I got drunk in that fortnight; perhaps not at all—I won't answer for half-a-dozen—I hare been discharged eight weeks—I am in nobody's service at present—I am doing odd work—there has been a reward offered and I have had it; three guineas—I have had it and spent it—Spittle did not take me to see Prout—I went with another officer—he asked me if there was anyone I could pick out and it picked him out—he told me he had got the man in custody and would I come to Bow Lane and pick him out—I have had the three guineas a little at the time—I don't expect any more—I told Spittle that Prout was a man about 30, dark hair and a fair moustache, rather stiff built—I don't know that I told him anything else—that was all the description I gave.
Cross-examined by MR. SLEIGH. Chapman was amongst the others, and I said I had an idea he was one of them—I said before—the Magistrate, to the best of my belief Chapman was there—I should not like to swear he was one of the men who assisted to unload, but I have an idea he was.
Re-examined. I went at a walking pace to Hackney; it did not take two hours—I drove the van myself the whole distance, and did not meet with any accident at all—Prout led the way into the yard—I had never driven in there before—there was a cart outside the gate, and turning round that the wheel caught the post—I assisted in unloading, and drove safely home afterwards—I was sober—I have no doubt about Prout at all—there were eighteen or twenty at Bow Lane when I picked him out—I told the officer I thought Chapman was one—there were several there with moustaches.
JOHN SPITTLE (City Detective Sergeant). On 11th January this matter was put into my hands, and on the 15th I found that the geods were deposited at Burton's, Ludgate Hill—in consequence of what Mr. Burton said, Chapman was sent for—he has a basement room in Chiswell Street—his name is up there—he is described there as an agent to a coal merchant—there were a few wine bottles and empty cases in the room—I remained at Burton's some time, and Chapman came there—I asked him from whom he had received the goods he brought to Mr. Burton's—he said "I bought them of a man named Hall"—I asked dim what he paid for them—he said 450l. for them and two bales which he had not received—I asked him how he paid for them—he looked at Mr. Burton and said "With your cheques"—he had previously shown me this invoice—I asked Mr. Burton to let me see the cheques—he produced three cheques, one for 300l., another for 35l., and another for 15l., all dated 8th January—seeing the receipt to the invoice was dated the 7th, I remarked to Chapman, "Why, these cheques are dated the 8th, and your invoice is the 7th of January"—he said "I have paid 100l. on account on the 7th, and the rest on the following day"—a day or two after I saw him at his place of business, 2, Chiswell Street, and I asked him to let me see the book containing the entries of this transaction—he showed me this book, and an entry of 75l. to C. Hall and Co. on the 7th January—I said "This is for 75l. only"—he said "Oh, there is 25l. discount"—he pointed out an entry lower down, under the head of Thursday, January 8th, Messrs. Hall & Co., Burton's cheque 15l., ditto 300l., ditto 35l., less 25l."—I asked him how he purchased the goods, whether he saw them before doing so—he said "I saw a piece of the coburg, and samples of
the rest"—I asked him when he received them—he said "On the morning of the 7th they were brought in a van to my place"—I asked him from where—he said he did not know—I asked him whether he knew the name of the carman who brought them—he said he did not, and he did not know the name of the carman who took them from his own place to Burton's—he said he sent a boy who was hanging about for a carman, and he would not know who he was until he had received the account—I asked him whether he knew Hall—he said "I purchased some things of him about twelve months ago, but never knew his address"—I tried to find Hall & Co., but there is no 196, Mincing Lane—I telegraphed to Cornwall, and Prout was taken into custody—I went down and saw him at the police-station at St. German's—I read the warrant to him, and he said he did not understand it—I brought him to London, and when the charge was read over to him at Bow Lane Station I said "The property referred to in the warrant is that which you assisted in removing from Mr. Green's warehouse on 1st January last"—he said "I know all about it"—I know the Fairlie Hotel—Prout lives about 400 yards from it—Chapman was taken on 23rd February—I did not take him myself.
Cross-examined by MR. RIBTON. I went down to Cornwall—the officer who took Prout into custody is not here—Mr. Green gave me Prout's address, but I did not go there—he was up in London when I first had information about this—he came up from Cornwall at Mr. Green's request—he came to the police-office in the Old Jewry—he called once later than was arranged, and I did not see him—he told me he was going back to Cornwall, and gave me his address at New Quay—I brought him up to London—I believe his mother lived at New Quay—I believe he was staying with somebody at St. German's.
Cross-examined by MR. SLEIGH. I first saw Chapman on 15th January, and he was taken into custody on the 23rd February—he was always to be found between those dates—I saw him when I wanted to—he professed to be anxious to give me all the information he could—I have heard that these goods, after they left Mr. Green's, were offered for sale to a commission dealer of the name of Woolf—I have not heard that he declined to buy them because there was no invoice made out—I know Mr. Waller, Mr. Burton's foreman; he might have been the person who told me—I have no recollection of Chapman saying he had been to Fenchurch Street to find Mr. Hall—I won't undertake to say he did not—he told me that he had advertised these goods, or caused them to be advertised, several times for sale—he told me he had given Mr. Burton instructions to advertise them, and the property was discovered there by the catalogue.
Re-examined. When Prout called On me at Old Jewry I had not discovered who the carman was who had removed the goods from Old Change to the Fairlie Hotel, or that Prout had been there at all—I found out Clegg in the early part of February, and it was after that that I telegraphed to Cornwall, and he was taken into custody—the warrant would be dated early in February—I got the warrant after Clegg was found, that was about three weeks before the man was taken.
COURT to A. GREEN. Would cords be desoribed as Russells? A. Yes.
WILLIAM EDGINGTON . I am a carman in the service of Swan & Co., packers, of Coleman Street—I have known Chapman two years—on Tuesday, 7th January, I removed some goods for him from the Fairlie Hotel, Amherst Road, Hackney—I met Chapman at the Kingsland Gate, and went
there with my van—he got out of the van when we got to the hotel, and went into the house—they came and opened some gates, and I drove into a yard at the back—that was about 6.30 in the evening—I loaded the goods—Chapman was present and assisted, with two others—it took ten minutes or a quarter of an hour to put them into the van, and then Chapman told me to drive to Chiswell Street—the goods were unloaded there, and carried down into the basement—it is fitted as an office—I finished about 9 o'clock—I was not paid that night—I called the next day, by Chapman's directions, and he gave me 4s. 6d. for myself—he paid Jemmett for the van—he is a master carman and he borrowed the van of my master as he had not a van of his own—I took some goods for Chapman to the Nine Elms Station, about two years before that—I told him I remembered going for him, and he said he believed I did—he remembered me—I was in the service of Swan & Co then.
Cross-examined by MR. SLEIGH. I have not done anything for him since that time till this transaction—I have done a little job once since, on 7th February—he did not know my name.
JOHN WINSLOW . I am in the service of Kaffery & Co., carmen, of Milton treet—I have known Chapman about nine months—my master did work or him now and then—I have taken goods for him on several occasions—n 8th January I took some goods for him from Chiswell Street to Burton's sale rooms—I packed the goods in the cart, they were brought out of Chapman's place—I took three journeys—Mr. Chapman told me where to go and sent a man with me—I saw him on each occasion when I came back for a fresh load—I have done one job for him since.
Cross-examined by MR. SLEIGH. Mr. Chapman's place is a regular place of business, a basement office.
AMOS WALLER . I am manager to Mr. Burton, of the Broadway, Ludgate Hill—he has sale rooms there—I have known Chapman for many years—on 8th January I received a quantity of goods from him for the purpose of sale—they were afterwards seen by Mr. Green at our premises—Chapman called to say he was going to bring a quantity of goods, and that he should require an advance on them—he said they were at his own place, but he did not say how he had got them—I advanced 350l. after the goods had been delivered—the first load that came was some flannels, upon which I advanced him 15l.—I gave him this cheque, and after the goods were delivered he came and received the rest of the money—I gave him two cheques, one for 300l., and one for 35l.—there were three deliveries—these cheques are endorsed by Chapman.
Cross-examined by MR. SLEIGH. Chapman had dealt with us for ten or twelve years in one way or another—we have sold goods and made him advances—I always found his dealing perfectly correct and straightforward—there was nothing irregular or improper in his conduct on this occasion—Chapman did not say at that time anything about Messrs. Hall & Co.—he did when the detectives were there—375l. would be a very fair price for the goods—350l. was the advance we made—there were some waterproof capes sent with the other goods—when he brought the goods in I went through them and made them come to 325l., including the waterproofs, when Chapman came he said "I want 350l.," and we let him have 25l. more than the advance really would have been—if he had paid 350l. for the things it would have been a fair price, leaving himself a profit—he asked me that they should be well advertised, and
according to his instructions I advertised them, with the lengths of the pieces and the full description which he gave me—this is the catalogue formed according to his instruction—it includes other goods as well—I think anyone seeing that catalogue would recognise the goods—all three of the cheques were paid on the 8th—on 2nd or 3rd January, a man named Woolf called at Mr. Burton's and showed me some patterns of flannels, and I afterwards discovered that they were the same flannels that Mr. Chapman sent to me—Woolf said he had bought the flannels, and I said "Who is selling these goods?"—he said they were sold for a Glasgow house, and they had a quantity of black goods that they should offer—he said he had paid 9d. a yard for them, but as a matter of fact the purchase was not completed, because the Scotch invoice did not turn up—Mr. Woolf still has the patterns in his possession—he gave me to understand that if all had appeared right to him he would have bought them.
Re-examined. There were forty waterproofs, worth about 9l. or 10l.—we have sales once a fortnight, and issue catalogues and advertise—we don't always describe things—Mr. Woolf is one of the firm of Woolf and Flattou, of Whitecross Street—his private house is in Brushfield Street—I knew they were patterns of these flannels because I saw the places they were out from, and I compared one or two pieces—we had not the goods when he brought the patterns, but I have had them since and compared them—Mr. Woolf saw the advertisement in the paper and came up and identified them.
PAUL HENWOOD . I am a colonial merchant, and oarry on business at 12, Lime Street—I have no shipping office at 154, Leadenhall Street—I don't know anyone named Stevens connected with my business—I did not authorise anyone, in December last, to buy of Johnson & Fairie, of 19, Old Change, any goods of any sort—I am known to Cook & Sons, of St. Paul's Churchyard—I dont know anything of either of the prisoners.
ROBERT CHILD (City Detective). On 23rd February I took Chapman into custody at his house at Tulse Hill—T read the warrant to him, and he said "I bought the goods, I did not know they were stolen; I advertised them for sale in three or four different papers, and I gave Spittle all the information."
PROUT received a good character.— GUILTY . CHAPMAN— GUILTY *— Five Tears' Penal Servitude each.
FOURTH COURT.—Wednesday, April 9th, 1873.
MR. SAFFORD conducted the Prosecution; and MR. SIMS the Defence.
GEORGE GILL . I formerly lived at 243, City Road—I am a pawnbroker, out of business—on 22nd March, about 12.5, I got out of a cab to go home—I settled with the cabman, and just buttoned my coat up—I had a watch and chain in my waistcoat pocket, and my scarf pin in my scarf—I had just started on my way home when I received a blow on the nose which knocked me down, and I fell on my head, and became almost senseless—a crowd of young fellows got on top of me, and endeavoured to pull my coat off—they nearly broke my finger with trying to get my diamond ring off—I had just pulled my glove off—when I got up the parties said "Have you lost anything?"—I said "It is gone!"—I did not miss the watch and chain
and pin until I got home—the value of the gold watch and chain was about 20l.—I am confident I had it upon me—I was bruised all over, and not able to move; I could not get my hat on next day.
EDWIN POTTINGER . I live at 23, Sidney Street, and am a trimming maker—on 22nd March, Saturday night, I was in the City Road, about 12 o'clock—I saw the prisoner and five or six more there—I saw the prosecutor also—they were at the back of him—they surrounded him, and the prisoner rushed into him, and knocked him down with his right shoulder—he fell, and one not in custody snatched his watch and ran down Nelson Street.
Cross-examined. This occurred near the Vestry Hall, and it was very light indeed—I saw the watch and chain—I was standing opposite him, about 2 yards from him—ho was about a quarter of a yard from the wall, and I was against the kerb—they ran away—I went to look after the one that ran away with the watch, but he had got out of sight—when I got back, the prisoner was picking up the prosecutor's umbrella, and there was a woman there—I helped him to get up—the prisoner is the only one I have sworn to yet, because he is the one I saw rush at him and knock him down—none of the others have been taken on my information, because I have not seen them since—I did not see the prisoner strike the prosecutor at all.
COURT. Q. Were you walking the same way? A: Yes, I was going home—I did not see the cost ripped open, and all the grand jewellery exhibited.
ELLEN RANGER . I live at 12, Windsor Street—I was in the City Road on 22nd March, about 12.5—I saw the prosecutor there—some men met him—I recognise the prisoner as one of them—the prosecutor's coat was rather open—I was going down the road and Gill was coming up—four or five chaps came behind him, end one knocked against his shoulder; that was the prisoner—I helped to pick him up—I saw the prisoner hit him—I saw the prosecutor's coat open after he was down—I did not see anything done to his pockets—I saw him home—I was not concerned in the robbery.
Cross-examined. There were five or six men—I saw the prisoner run up Nelson Street; the others went down towards the Eagle, back again.
Witnesses for the Defence.
MARY ANN EASTWOOD . I live at 14, Grosveno Street, Islington, and am the prisoner's mother, and the wife of Edwin Eastwood—on the night of 22nd March my son came home at 11 o'clock—I saw him in bed that night—he did not go out again until the Sunday morning at 10 o'clock.
Cross-examined. Mrs. James was in the room when we had our supper—it was 1 o'clock before we went to-bed, by the church clock—my son sleeps in the same room with me, on an iron bedstead, with his little brother.
ANN JAMES . I live in the same house as Mrs. Eastwood—on Saturday night, 22nd March, I saw the prisoner first about 11 o'clock, in his mother's room—my room is the top back room, and both rooms are on the same floor—I often go into Mrs. Eastwood's room—I did not go out of the house again that evening, nor did the prisoner—I saw him asleep in an arm-chair at 1 o'clock, when I left their room and returned into my own—the prisoner's mother asked me to take supper with her.
Cross-examined. My lodger's clock on the second floor struck one when I went to bed.
NOT GUILTY .
JOHN MURRAY . I am a pensioner, and live at the Sailors' Home, Well Street, Whitechapel—on the night of the 18th March I was coming home from the West India Docks towards the Sailors' Home, between 12 and 1 o'clock—on reaching Princes Square, St. George's, I saw four men coming into Princes Street at the corner; the prisoners are two of them—Fryer, without my speaking to them, struck me on the nose, another hit me as I was falling, and the other two rifled my pockets of a watch and 5s. 6d.—I am confident as to the identity of the two prisoners—the two not in custody held me down while Webb rifled my pockets—I was senseless almost with the blow—I had had three sovereigns on me on the evening previous, but I had paid it away—I followed Webb without a hat on through Princes Square, and he took his glazed cover off his cap and put it on my head—I took the cover off and hit him on the face with it—a policeman came round the corner, and I gave him in custody at once.
Cross-examined. At the Police Court I swore positively that a person named Johnson held me down—Johnson was in custody with these two men—I fixed upon., him—I do not know Johnson as the son of a timber merchant living at the Ferns, Clapton—Johnson was discharged.
Cross-examined by Webb. I stated at Leman Street Station that I lost three sovereigns, but it was a mistake; my head was off my shoulders almost—I did not swear before the Inspector and Mr. Lushington that this robbery occurred at 9.30 at night.
CECIL ANDREWS (Policeman H 252). I took Webb as he was hastening into Cable Street from the direction of Princes Square—the prosecutor and he were together—as soon as he saw me he turned back, met the prosecutor, took the glace off his own cap and placed it on the prosecutor's head—I stood still and they both came up to me—the prosecutor said he had been robbed of a watch, a hair guard, and three sovereigns—I told Webb he would have to go to the station—he said he had neither got the watch nor knew nothing about it—I asked the prosecutor whether there were any more with him, and he said there were four others—he gave me a description of one, from which I apprehended Fryer—I took him to the station, and he was identified by the prosecutor—I received a description of another person, whom I apprehended—he was sworn to, but was ultimately discharged.
Cross-examined. I took Fryer the next day, Wednesday, the 19th—he had his hand in a sling—I have ascertained that he was, an out-door patient for three days at the London Hospital—any longer I cannot speak for.
Webb's defence. I am as innocent as a child.
NOT GUILTY .
EZRA GENTRY . I am assistant to Mr. Wells, a pawnbroker, of Broad Street, Bloomsbury—on 11th March, between 6 and 7 in the evening, the prisoner came and offered these forceps (produced) to pawn—she asked 2s. 6d. on them—I thought she was a strange person to have such things,
and I asked her how she came by them?—she said they belonged to her husband, who worked in the surgical instrument line—I told her to send for him—she used most abusive language, and I gave her in charge for unlawful possession of them.
FREDERICK BOWKER . I am curator at the hospital surgery—these forceps belong to the hospital, and are marked—I saw them there last on Tuesday, 11th March, at 12 o'clock, in a case, in a room where out-patients came to obtain medical assistance—I did not see the prisoner there on that day.
THOMAS MUNDAY . I am porter at St. Bartholomew's Hospital—I was in charge of the out-patients' room on 11th March—I saw the prisoner there that day, first at 10.30 and subsequently about 1.30—I saw the forceps there that day at 11.30—between the time she was there the first and the second time I put them in the case.
Cross-examined by the Prisoner. From twelve to twenty people might be in the surgery when I told you to go.
GUILTY .— Twelve Months' Imprisonment.
The following prisoners PLEADED GUILTY:—
292. JOHN SLATER (38) [Pleaded guilty: see original trial image] , to stealing two coats, of the goods of Joseph Harry Dombey, after a previous conviction of felony in April, 1872— Seven Years' Penal Servitude.
293. RICHARD STONEFIELD (23), and GEORGE ROACH (19) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of Thomas James Burrell, and stealing therein eighty yards of woollen cloth. Stonefield having been before convicted in February, 1871.— STONEFIELD*— Seven Years' Penal Servitude; ROACH— Eighteen Months' Imprisonment. And
294. RICHARD BENNETT (54) [Pleaded guilty: see original trial image] , to feloniously breaking into a place of divine worship, and stealing therein a silk gown, a flag, and fifteen coins, the property of John Lewis Mieville and others, having been before convicted of felony in 1849; also to having been found by night having in his possession, without lawful excuse, four picklock keys.*— Five Years' Penal Servitude.
OLD COURT.—Thursday, April 10, 1873.
Before Mr. Deputy Recorder.
Eighteen Months' Imprisonment.
Second Count—receiving the same.
BURCHETT PLEADED GUILTY MR. MOODY conducted the Prosecution; and MR. F.H. LEWIS defended Green.
HENRY WILLIAM BURCHETT (the prisoner.) I have pleaded guilty to this charge of stealing 600 ostrich feathers from Messrs. Blundell & Son, my employers—I was with them about twelve months—I first began to take these ostrich feathers about last August—I know the prisoner Green, she carries on business at Granada-Terrace, Commercial Road, as an ostrich feather manufacturer—after having inquired of Mr. Watson, I went to the prisoners' place with ten ostrich feathers; I believe I saw her; I offered them for sale—she asked if they were my own, I said they were; she asked whether it was all right, I said "Yes"—she said she would buy them of me—
she did not ask me how I got them, she simply asked if they were my own; she gave 14s. or 15s. for them—she asked me how much they were; she gave me half what I asked—she said "What do you want for them?"—I told her I wanted 30s.; she said she could not give so much for them, they were not worth it, she could not give more than 15s.; I consented to take that and she gave it me—she asked if I should have any more; I said "No"—I then left—I went there again about a fortnight afterwards, and took her some more feathers, I don't recollect how many; she did not seem at all surprised at seeing me again—I told her I had some more feathers for sale, and I offered them to her at a price—I don't recollect how much, she did not pay me near what I asked; I sold them to her—she told me, on one or two occasions, that whenever I had any others she would be most happy to buy them—I went, then, about a dozen times altogether between August and March, I sold her some on each occasion; I sold her 500 or 600 altogether, between August and March; she gave me about one-fifth of the value—I repeatedly went there in a cab; on one occasion she asked me not to have the cab driven up to the door, because she did not like it—on the first occasion she said they were not fresh feathers, and I owned that—she asked me for my address, and I wrote down an address; it was not my true one.
Cross-examined. That was on the first occasion—I gave "Johnson, Nelson Square, Peckham"—that was a lie; I did not wish her to know where I really, came from—I did not wish her to know I was a thief—I don't recollect telling her I had come from New York—I would not swear I did not—she told me the feathers were damaged—I don't recollect telling her they were damaged by sea-water on my coming from New York—I will not swear I did not—I believe it is very common for sailors to bring ostrich feathers from abroad, and sell them in small parcels—I generally saw her daughter in the shop—the first time I went must have been earlier than December, it might not be so early as August—I did not go anywhere else—I did not sell feathers to anybody else—I went to Mr. Watson; he is a feather-dealer—I asked him if he would buy those feathers—he said he was not accustomed to buy these sort of things—Mr. Watson lives in John Street, Sidney Square, Commercial Road, that is very close to Mrs. Green's—I told him they were my own property—that was a lie—I was dressed respectably, as I am now—I took ten the first time—I can't recollect the greatest number of feathers I took to Mrs. Green at one time; at a rough guess it should say about seventy—I used to take them out of the warehouse, taking care that nobody should see me; I took them from the general stock—I used to put them in different parts of my person, sometimes in my hat, sometimes in my pocket, and sometimes about my body, in my waistcoat—that would not improve the feathers, it would take the curl out of them; that would in one respect destroy their value, but not particularly, not to the extent of a shilling each, not more than sixpence; some of them would require to be cleaned and recurled, they were always in the same condition—I am 19 years old—I have been a thief since last August; I have been a liar on these occasions—I should say I sold her about 600 feathers—I have heard my master say he has lost 600; that is what I am charged with—every one I took I sold to the prisoner.
Re-examined. I was not always dressed in the same clothes, but in the same style—I was never dressed as a sailor—I did not take the feathers to her in my hat, I always took them in a parcel.
PERCY RIDLEY . I am manager to Messrs. Blundell and Co., of 35, St. Paul's Churchyard—Burchett was in our employ—we have missed ostrich feathers from our stock, we began to miss them about twelve months since—on 15th March he was taken into custody, and he made a communication about Mrs. Green—in consequence of that a search warrant was obtained at the Thames Police Court, and I went with Potts and another officer to Green's house; we saw the daughter first, and saw the prisoner a few minutes afterwards—Potts asked her if she had been buying some feathers of a young man, describing Burchett—she at first hesitated and considered, and then she said she thought she had, once or twice; it is impossible for me to detail all she said—one of the statements was that she bought them of a young man who said they were damaged in coming from New York; another was that she had his name and address—she said she had only bought one or two lots; I don't think she named the numbers in the lots—I stayed in the shop while the officers went up stairs, they brought down a box containing between 200 and 300 feathers—I had some doubt about them and sent for Mr. Watson—there must have been 2,000 feathers in the house altogether, about 600 of those were similar to those we had lost—they were not damaged at all; some of them were not in very good condition, not in a saleable condition, it would require a slight outlay before they were fit for sale; they could be recurled for about 2s. or 3d. a dozen, 3d. or 4d. a piece would make them saleable again—we missed 179 feathers from one particular line—I found 117 at Mrs. Green's, identical in appearance with those—she mentioned twenty or twenty-one feathers that she had bought a fortnight or three weeks previously—she said she thought she had given about 14s. or 16s. for them; they cost us about 41.
Cross-examined. I sent for Mr. Watson because I have no practical knowledge of feathers myself, and I wanted someone conversant with the trade—when I say they are our property, I am speaking in a great measure from his opinion—I should have been able to give a decided opinion if I had compared them with those I had in the warehouse—I don't know whether Mr. Watson buys his feathers of Mr. Gougenheim; very likely he does—Mr. Gougenheim is a large merchant—the prisoner appeared very ill when I spoke to her—Burchett had stated in a general way that he had sold them considerably under their value—it was from her that I first learnt the price she had given him.
JAMES PINLEY SMITH . I am in the employ of Messrs. Blundell & Co.—about 26th February I went to Paris on business—I came back on 3rd March, and I then missed 199 ostrich feathers, all from one particular line—I have been shown 117 feathers found at Green's, they are a portion of the 199; that particular lot were bought of Mr. Watson.
Cross-examined. They are exactly the same class of feathers—we are not the only persons buying feathers from any particular merchant.
WATSON. I live at 24, John Street, Sidney Square, and am an ostrich feather manufacturer—on 5th February I sold a lot of ostrich feathers to Messrs. Blundell—I think about 2,000 in all; it might be as many as 3,000—on 17th March I was called to Green's house, and there saw a number of feathers—I identified 117—I have no doubt they were a part of those I had sold to Messrs. Blundell in February—I had my attention particularly called to 21—the whole line they were taken from cost me 3s. 2d. a feather—that was what I paid for them—14s. or 16s. would not be anything like a fair price for them—they appeared as if they had been
through some process to take the curl out—the stems had been cut, but by what process I am not able to state—they might be worth about 2d. less per feather—I don't know whether the 117 feathers were the average of the line, but the line of 648 feathers cost me 3s. 2d. and I sold them to Messrs. Blundell at 3s. 4 1/2 d.
Cross-examined. The cost of cleaning would be 6s. a hundred to me, and the curling about the same—I buy of Mr. Gougenheim and several others—I did not see some of Mr. Gougenheim's invoices at Green's—I heard of them—I have ascertained that she has bought feathers of Mr. Gougenheim since this occurrence—I have not ascertained that she bought some of the very same parcel that I did, the same class of goods—Burchett came to me and offered me four or five feathers, and said "Can you purchase these? they art my sister's"—I said "No, I don't purchase feathers from any one, only in large parcels"—he said "Can you tell me where I can Bell them?" I said "I should think any respectable milliner in the Commercial Road would buy them, such as Mrs. Sheils, Mr. Young, or Mrs. Green;" I think I referred him to four—he said "I will go and see"—I have not been to Mrs. Sheil's or Mr. Young's since.
WILLIAM POTTS (City Policeman 497). On 17th March I went with a search warrant to Green's house, with Mr. Ridley and Holliday, another officer—I saw the prisoner's daughter, and inquired for Mrs. Green—she said she was up stairs—I asked the prisoner if she had bought any ostrich feathers of a young man named Burchett, describing the prisoner—she said "No!"—I said "Do you remember a circumstance occurring, that he drove up in a cab on one occasion, and your requesting him not to do so again, because you did not like anyone to come up in a cab?"—she said "No!"—after a little hesitation she said she remembered buying some once or twice—I asked her when the last time was that she bought any—she said "About a fortnight or three weeks last Thursday or Friday"—I asked how many he brought, and what she gave for them—she said he brought about twenty or twenty-one, and she gave 14s. or 16s., she could not say which—she had not mentioned any others before that—I told her I should search her place; I believed she had more feathers than that, and I proceeded to search her place—after searching a portion of the shop, she said to her daughter, "Annie, they are up stairs in a box!"—I and the daughter went up stairs into the front room, first floor, a bedroom—I found a box containing a large quantity of feathers, and among them I found these, which Mr. Watson identified as a portion of those he had sold—I think over 200—the daughter pointed the box out to me—it was a paper box, wrapped up in a handkerchief—I took possession of the feathers that were identified, and left, as the prisoner seemed ill—she was making a lot of statements all the time we were there, an hour and three-quarters; she was talk ing all the time, and making different statements about the young man com ing there and saying they were damaged by sea water; that she did not think he was so wicked as to steal the things, and so on—next morning I went there again—I told her she would have to go to the station, as she was charged with receiving these feathers and others—she then said "I do remember the young man coming in a cab, and I told him not to come up"—I asked her if she had any books or invoices, and one was produced, I think, of November, 1872, and one of January, this year—those were all—I asked if she had any books—she said No, she never kept any looks—she said she had asked the young man for his address, and he gave
an address, but she could not remember it, and she could not find it—it was somewhere over at Peckham, she believed.
Crost-examined. I mean to say she told me in the afternoon that she could not recollect his address—J was examined at the Police Court—she did not at first say that he gave his address, she did ultimately—she said that he stated at the first purchase that they had been damaged by seawater, coming from New York—I asked her his name and address, and she said he wrote it on a piece of paper but she could not find it then; it was somewhere at Peckham, she could not think of the name; on the following morning she said it was Johnson, I believe—she asked the daughter to find the paper, and the daughter examined the papers and looked about in different boxes to see if she could find the name; now I recollect it was the daughter who mentioned the name; I said before the Magistrate that it was the prisoner who mentioned it—she made farther statements to me, and I told her I did not believe her; I told her I thought she had more property there—I think I mentioned before the Magistrate that she at first said she did not remember Blurchett coming in a cab, and that she afterwards said she did—my deposition was read over to me and I signed it, this is my signature.(The witness's deposition was put in and read).
Witnesses for the Defence.
MARGARET GREEN . I am the prisoner's daughter—I was examined before the Magistrate—my mother carries on business as an ostrich feather manufacturer, at 4, Granada Terrace—I assist her—I recollect Burchett coming to the shop; the first time he came my mother and I were in the shop—he said "Mrs. Green"—mother said "Yes"—he said "Will you buy some ostrich feathers?"—she said "Are they new feathers?"—he said "No"—mother said "I am not in the habit of buying old feathers, we always buy new feathers, for we have no customers to buy old feathers"—he opened the paper and showed them to mother—she said "They are not new"—he said "No"—she said "Are they your own property"—he said "Yes"—mother said to me "Would you buy them?"—I said "I think the young man is respectable"—she said "Yes"—I said "Would he mind giving his name and address?"—he said No, he would not mind giving it—I said "Will you write it down?"—he said he would—I gave him a piece of paper and he wrote, "Mr. Johnson, Nelson Square, Peckham"—mother said "Are they your own property?"—he said "Yes"—she said "Where did, they come from, like this?"—he said they came from New York, and they were damaged goods; the curl was out—she said "What do you want for them?"—he said "Anything you think proper to give for them, for I don't know exactly the value"—I said "You had better say what you want for them, and then I can know what we can give for them"—he said "Well, 30s., will that be too much?"—mother said "The most we can give would be 15s.—he said that would do—there were six or seven feathers; that was the first time he came; as far as I can remember that was in December; it was not so early as August—I believe he came six or seven times more—I was present when they were all bought, but I bought them, I think, three times, when mother was not there—questions were always put to him as to the property, and he always said they were his—the last time he came I said we did not care about—buying them, because they were old feathers—he said "Do oblige me by buying these, for these are all I have got"—so we did not expect to see him any more—it is not true that he ever sold as many as seventy in one parcel, twenty was the largest number—I don't
exactly know what we gave for the twenty, but the most I gave him was 1l. 17s. or 1l. 17s. 6d.—we put them in a box when we bought them, and I sorted them out and put them in a separate box with some of our stock feathers which we had cleaned—we could not sell them as new feathers—we have bought ostrich feathers of different merchants—we deal with Mr. Gougenheim now—I have some of his invoices here (producing several), all these relate to ostrich feathers, some from Mr. Gougenheim, and some from Mr. Burrows, and some from Mr. Jones—I believe November was the last purchase from Mr. Gougenheim—here is one dated 3rd September, 1872, amounting to 19l. 5s.—that refers to some of those in this box—to some of the feathers which were taken away and identified by Mr. Watson; I told him so at the time; they were not bought of Burchett, but from Mr. Gougenheim and Mr. Burrows—my mother is not in a very large way of business—we have not got 2000 feathers; that is false; all of these are not feathers, they are only parts of feathers, four or five are made out of one feather cut up into small ones—I recollect Burchett coming once in a cab, and he and mother were talking about the Emperor Napoleon, who was then lying dead, and I said "The gentleman has a cab waiting for him"—mother said "Is that your cab?"—he said "Yes, it is, I have got to go to two or three other places, "and he went—mother did not say anything to him about not coming there in a cab—I had no reason to suppose that these were stolen feathers; we would not have bought them if we had thought they were stolen—we did nothing with any of the feathers we purchased of him, we did not attempt to dispose of them in any way—we put them among our stock—they should be curled and cleaned before we could sell them, but we did not touch them because it was slack time, and white feathers were not worn—we left them to be used at some future time, when we should be busy.
Cross-examined. I say that part of the feathers produced are a portion of those we bought of Mr. Gougenheim—I had some conversation with Mr. Watson about the 117 feathers; but he swore that mother had the conversation—when he first came he said he could swear to all the feathers that were tame feathers—I said it was a thing impossible, for he did not buy all the tame feathers—part of these feathers were bought of Mr. Burrows and the rest of Mr. Gougenheim—I have an invoice of Mr. Burrows' that refers to the best feathers in this box—that was in May, 1871—I mean part of the 600, not the 117—part of the 117 were bought of Mr. Gougenheim and are included in this invoice of September last—I believe all we bought of the young man is 93—I believe I stated before the Magistrate what passed between us when he first came—I learnt this business, not my mother—she never learnt it and knows very little about it—I know most about it—mother did not say to Mr. Watson that she had bought as good feathers for 2s. 6d:; I said that to him—I said we had bought better feathers than these for 2s. 6d. when they were new—those we bought of Mr. Gougenheim came to 2s. 5 1/2 d., but they were much better than those we bought of Burchett—I heard Mr. Watson say he gave 3s. 2d.—some in the bundle are worth 5s. and some only 2s.—you have to take an average of a bundle.
WILLIAM LEWIS . I am manager to Mr. Gougenheim—I have sold feathers of the kind that are in this box to Mrs. Green—this invoice of September, 1872, relates to a corresponding class of feathers—Cape tame white feathers.
Cross-examined. I don't know whether these feathers have come from a warehouse, I can't say—we sell them all undressed, in the rough state—they are dressed after they leave us.
Re-examined. Anywhere that Mrs. Green purchased them she would have to clean and curl them and make them ready for sale—these are two invoices of goods supplied by us to Mr. Watson on December 13-30—they are the same description of feathers as those sold to Mrs. Green.
The prisoner Green received an excellent character— NOT GUILTY .
BURCHETT— Judgment respited.
ROSE GLAVE . I am daughter of Mr. Henry Glave, draper, 535, New Oxford Street—up to the 12th February the prisoner was in our service as an apprentice—we also had a porter named Ashwood—we sent our money to the bank every two or three days, and it was generally the prisoner's business to take it—whoever went a porter would always follow them—the amount paid in was entered on a slip—the counterfoil we kept, and the slip was sent to the bank—I produce the counterfoil of the paying slip of 12th February—on that day the prisoner took the sum of 251l. 8s. 10d. to the bank, made up in this way;—cheque, 8l. 3s. 6d.; bank notes, all fives, 45l.; gold, sovereigns, 140l.; half sovereigns, 50l.; cheques, 6l. 5s. 5d.; Scotch note, 19s. 11d.—the prisoner had been with us about three yearshe took the money to the bank with Ashwood, the porter—he did not return and I did not see him again till 28th February, when he was in custody at Bow Street—Ashwood has never been heard of—it would take about a quarter of an hour to go to the bank and back—the porter had only been in the service about three months—the prisoner had been in the habit of going to the bank with large sums—the porter was paid 5s. a week, with board and lodging, and the prisoner had 10l. given him that year.
Cross-examined. It was the last year of his apprenticeship—I have been cashier during the whole time he has been there—he has taken cash to the bank for the last two years—he has taken as much as sixty thousand pounds to the bank during that time—we had the greatest confidence in him—I know that Ashwood was a sailor—I believe we had a character with him; from Gilbey's, I believe—there were other apprentices in our employment, and they went occasionally—Ashwood was the porter, who was paid least of all—the others had 1l. a week, with board, but not lodging.
ROBERT ANDERSON . I am sergeant of the Borough Police at Newcastleon-Tyne—on Wednesday, 26th February, the prisoner came to the station, and complained that he had been robbed of 41l. by card-sharpers—I went with him to make inquiries, but could find no news of them—my suspicions were aroused, and I went to the detective office, and looked through the informations from London—I saw a bill there, and from what I saw I went to the prisoner's lodgings and took him into custody—I told him I had to send him to London, as I had information about him—he hesitated a moment, and said "Yes, it is a bad job; I came away in company with
another man with about 200l.; he has now left me, and robbed me of 40l.; I intend to go back"—he said he had been to Scotland and different places—he said Ash wood had left him at Newcastle, and robbed him of 40l., and he had fallen in with card-sharpers, and lost 40l. more—I found 17l. odd on him, a gold watch, silver chain, gold pin, and pencil-case—I brought him up to London, and gave him up to the police.
Cross-examined. He gave his correct name and address at once, and he afterwards gave me the name of his employers—I found a copy of a letter on him, stating that he was coming back to London.
FREDERICK CURLEY (Detective Sergeant E). I received the prisoner into custody at King's Cross, from Anderson—I said "Is your name Slater?"—he said "Yes; are you Mr. Thomson?"—Mr. Thomson is the Superintendent of Police—I said "No, I am one of his officers; you know you will be charged with stealing 250l.?"—he said "Yes; I did not think it was so much as that; we divided the money"—he told me where he had been, and said Ashwood had robbed him of 40l., and that he had been sharped of 41l. more, and he was very sorry for it.
JOHN POTTER WHITTINGHAM . I am a clerk in the Bloomsbury Branch of the London and Westminster Bank—the prisoner was in the habit of coming there from Mr. Glave's—he did not pay in 251l. 8s. 10d., or any sum, on 12th February.
Cross-examined. I am not the only clerk, and I have not got the books here.
GUILTY .— Twelve Months' Imprisonment.
MR. BOTTOMLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ARTHUR RONALDSON . I am one of the prosecutors in this case, and carry on business as wine merchants at 9, Mincing Lane—I have known the prisoner as a dealer in casks for some time—on 13th March I received some information from Mr. Putley, a cooper, of St. Mary-at-Hill, and I sent a clerk round to see if the cask was ours he sent about—on Monday, 17th, I asked the prisoner where he got the cask from—I said "Where did you get that octave from that you sold to Mr. Putley on Thursday?"—he said "I bought it of Martin"—he is one of our servants—I sent for Martin, and I said "Did you sell the new octave to Mr. Gillingham?"—he said "No, I never sold any to him"—the prisoner said "You did sell it me, and I promised you 2s. for it"—I asked him when he bought it: he said "At the same time as I bought two other casks from Harris—he is our bead cellarman—I asked him which way he took it up, "Did you take it through the flaps or through the staircase?"—he said "Through the staircase"—casks are never taken out that way—Osborne, the police officer, Harris, and Martin were present—I asked the prisoner where he got the previous octave from—he said "Martin sold me that also"—Harris had sold him two casks on the previous Thursday—that I knew—I saw the new octave at Mr. Putley's, with our brand on both heads—we never sell new casks—we have given no one authority to sell a new cask—Martin had not authority to sell a cask of any kind—he was under cellarman—they were generally sold by myself—the value of the cask was about 7s.—I gave the prisoner in charge—anyone could come through the staircase and take that away through the building, without the men seeing it.
Cross-examined. The prisoner buys casks—I don't know whether that it his business—I usually sell him the casks myself, but Harris had authority to sell those two to him—Martin is still in our employment.
GEORGE PUTLEY . I assist my father, who is a cooper, at 40, St. Mary-atHill—I have known the prisoner for some time as a dealer in casks—on 13th March the prisoner brought three casks to me; there was a port pipe, a port quarter cask, old casks, and the third was a new octave—we do not ordinarily buy new casks—it had Ronaldson's brand on—I asked him where he got it—he said it had been one sent in and not used—I gave him 3s. 6d. for it—I had bought one of the same kind on 6th March—I sent round our clerk to ask if it was all right—the value of a new cask would be 7s.
Cross-examined. I think 3s. 6s. was a fair price for it, because it was branded—I had had dealings with the prisoner before, and knew him well—I knew his name, but not where he lived.
Re-examined. I dealt with this as a second-hand cask.
WILLIAM OSBORNE (City Policeman 711). In consequence of information I followed the prisoner, about 11.30 on the morning of 17th March, from the French Horn, a public-house in Crutched Friars, to the prosecutor's premises—I told him that I was a police officer, and Mr. Ronaldson asked him how he accounted for an octave he had sold to Mr. Putley on the Thursday—he said he had bought it of Mr. Ronaldson's men, and had given 2s. for it—the prisoner pointed out Martin as the man—I repeated what he had said, and Martin said "I never sold him any cask"—the prisoner said "Yes, you did, for 2s.; and I will tell you something that will bring it to your recollection; I paid you 6s. for it at the French Horn"—Martin said "I never sold you any in your life"—Mr. Ronaldson said "How about the one you sold about a month ago?"—the prisoner said "I bought that of him also," alluding to Martin—he then gave Gillingham into custody—on the way to the station he said "I did not pay him the 2s. because Mr. Putley had net paid me; I could only give him 6d."—Martin denied everything that the prisoner said.
EDWIN MARTIN . I am under-cellarman in Messrs. Ronaldson's service—I know the prisoner—he has purchased casks of Messrs. Ronaldson for the last eight months—Mr. Ronaldson and Harris sold them—I never sold him any—I had no authority to do so—I did not sell him this octave—I know nothing about it—I was present on 13th March, when he came for the other two—Harris and Chinnock were there—he bought a pipe and a quarter-cask—I did not see him buy an octave—I never knew a new cask sold at all—I assisted in getting the two casks out of the cellar, through the flap—I saw the pipe put on the barrow, and he took the quarter-cask up himself—some of the new casks were kept by the flaps and some by the iron doors—there are two entries to the place—I heard the prisoner state he took the cask up the steps and out the front way—that is not the way the casks usually go out—it was possible for him to take the cask up the front way without the cellermen knowing it—if the door is dosed you could not see any one come down the flaps and round at the back—we were some distance from the iron doors—persons might make a mistake, and many a time the gate is shoved open and the bell rings, and they find it is a mistake, because there is a cellar door exactly opposite curs—we heard the bell ring on that day almost directly after the prisoner had been for the other casks—it is not true that he was to pay me 2s. for this cask, or that I
had received any money on account—I saw his brother outside the French Horn, but I had no conversation with him about the casks.
Cross-examined. I passed by the French Horn between 3 and 4 o'clock—I did not go in, neither on the Thursday nor the Friday—it was on the Thursday I saw the prisoner's brother—I did not see a man named Bell there—I did not go twice to the French Horn on that day—I did not ask the prisoner's brother where the prisoner had gone, and he did not say he had gone over the water to get the money, and would not be long—the dock clerk passed as I was talking to him—I should know Bell again if I saw him—he was examined at the Police Court—I don't recollect seeing him till I saw him there—I did not see him or speak to him at the French Horn.
Re-examined. I was passing round there after I had come from dinner, the prisoner's brother was standing there, and he was telling me how long he had been out of a situation—I was not talking to him longer than two or three minutes.
JOHN HARRIS . I am head cellarman at Messrs. Ronaldson's—I missed two octave casks after Mr. Ronaldson spoke to me about them—the prisoner bought some casks on the 13th—I sold them to him—I never sold him any new octaves at any time—I saw Martin part of the morning up to 2 or 3 o'clock, at different intervals—he never sold the cask to the prisoner—I believe Martin was away ill on 7th March.
Cross-examined. The French Horn is two or three minutes' walk from our place.
GEORGE CHINNOCK . I am a cellarman to Mr. Ronaldson—on 13th March I saw the prisoner bring two casks, and helped to get them out—there was no conversation between Martin and the prisoner—I saw the prisoner in the cellar about 10.30 or 11 o'clock—it was about 11.30 when we got the cask out—Martin was with me from 10 o'clock till I went to dinner at 1 o'clock—we did not speak to the prisoner during that time, except when we were getting up the cask—I am not positive whether Martin was there on the 7th March.
Cross-examined. There was nothing to make me remember that particular day, except that Martin and I were called from our work to assist in getting up the pipe—the prisoner was there about half-an-hour, as near as I can guess.
Witnesses for the Defence.
JAMBS GILLINGHAM . I lived at 113, Rodney Road, Walworth—the prisoner is my brother—I know Martin—I have seen him at the French Horn several times—he was there on Friday, 14th March, a little past 2 o'clock—the prisoner was there at the same time—my brother and I were talking and Martin came up—my brother said "Have you got any change in your pocket? I want to pay Martin for a cask I bought"—Martin said he was going to get his dinner, and my brother gave him 6d., and said "When I get my money for the other cask I will pay you"—I saw him again in the afternoon about 3.45, he asked me if my brother was there—I said "No, he has gone to get the money for the casks; do you want anything of him?"—he said "It is only about a cask"—while we were talking Ronaldson's dock clerk passed—after I left Martin the first time, I went into the public-house, and saw a man named Bell—he asked me about my brother, and described somebody.
Cross-examined. I am a barman now at the Queen's Arms, 78, Spa Road, Bermondsey—I went there last Friday—I was out of employ at the
time Martin spoke to me—my brother said he had got some casks from Ronaldson, and that Putley had not paid him; he asked me if I had got any change in my pocket to pay Martin the 2s.—when I saw Martin again I told him my brother had gone to get the money—I went a portion of the way with him, and then I went back to the French Horn to wait for him—I did not know the position Martin held—I have seen him several times in the street, not to know who he was.
BENJAMIN BELL . I am out of a situation—I am sometimes employed at the French Horn—on Friday, 14th March, I saw Martin there, inside the house—he asked me a question—I saw him again, and he put the same question—the last witness was there.
Cross-examined. I know it was the 14th, because the prisoner was taken on the 17th—I was jobbing about that day.
GUILTY .— Four Months' Imprisonment.
MR. F.H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
No evidence was offered on the part of the Prosecution.— NOT GUILTY .
MR. HARRIS conducted the Prosecution; MR. WARNER SLEIGH defended Field; and MR. A.B. KELLY defended Dwyer.
CHARLES WAKEFIELD . I keep the Gordon Arms, 262, High Holborn—on Saturday night, 8th March, about 11.30, the two prisoners came into my house with two other men—after they had been there some time they began knocking one another's hats off, and scuffling about—I ordered the barman, Spence, to turn them out—I got over the bar to assist him; the two prisoners were then standing pretty close together—Dwyer had got a mark on his nose, and he said "This is a fine thing for me to go to work on Monday"—I said "You must go out"—one of them kicked me on the leg, and I felt a jerk at my waistcoat pocket, where my watch was—I turned round, and said "I have got such a kick on the leg from one of them, and my watch is gone"—I went to Field, and said "You have got my watch"—he said "I have not"—some of them screamed out that the barman was being killed outside, and I went round to the door to go out—Dwyer was outside then, and Field was inside—two policemen came in and took Field—I saw his hand go, and I said "There goes my watch"—it was thrown on to the floor, and someone picked it up—I gave him into custody—I believe the policeman picked up the bow of the watch afterwards.
Cross-examined by MR. W. SLEIGH. One of them kicked me, I could not tell which—I can speak to no act of violence on the part of Field—he was not the worse for liquor—I mean to swear that my watch was not put on the chair by him, it was thrown, and fell on the floor—I did not see it on the floor; I only saw the hand go—I said to Field "You have got, my watch"—I said so before the Magistrate—I don't know whether it was taken down—I don't know that he is a roan of respectable character—I might have
seen him in my house two or three times—I did not know that he had lived in the neighbourhood twenty years, as a tailor—he may have had a little to drink, but he knew what he was doing; he was sober—I should say perfectly sober—I did not know he had been turned out of the music hall in Holborn half-an-hour before, for being drunk and kicking up a row—there was not the slightest sign of his being drunk.
Cross-examined by MR. KELLY. Dwyer was near the door when the watch was taken—I did not say he could not have taken it—I did not sign my deposition stating that, that I am aware of—there was a general tussle and fight amongst these men at first, and that called for our interference.
Re-examined. The two prisoners were near me when my watch was taken—the other two had been put out.
WALTER SPENCE . I am potman at the Gordon Arms—on Saturday night, the 8th, I went to turn out the two prisoners, who were fighting with two other men—I put one of those two men out, and the other went out—the two prisoners remained inside—I was trying to put Dwyer out and he was too strong for me, and the governor got over the counter to help me—he had not been there half a second before he said "I have lost my watch, Walter," and he pointed to Field, and said "I believe he has got it"—Field was standing up against the wall, opposite the counter, then—Dwyer had got to the door at that time—I went to bolt the door to keep Field in—Dwyer had got out then, but not before he had punched me two or three times in the throat as I was trying to bolt the door—the governor went out and came in with two policemen, and he said "I charge this man with stealing my watch"—I did not hear Field say anything—I did not see the watch.
Cross-examined by MR. W. SLEIGH. My master pointed to Field, and said "I believe he has got it"—I said that before, but I don't know what they took down—these two men were quarrelling with two other men at first—I put one of the two out, and the other went out—when my master called out, Dwyer was half in and half out of the door, and I ran to the door to bolt it—I should say Field was sober—he was not drunk—they might have had a drop to drink—they were kicking up a row and fighting amongst themselves—the governor was behind the bar, and he told me to put them out.
HENRY WHITE . I live at 8, Middle Street, Cloth Fair—I am a turner—I was in the Gordon Arms about 11.30 on 8th March—I was standing at the bar, having a glass of ale, and I saw the Sergeant bring Field through the bar into the side box where I was, and he dropped the watch—it was in his left hand, and he threw it in a corner—I picked it up and gave it to the Sergeant—I did not see where Field took the watch from—I think he was sober—I did not see Dwyer.
Cross-examined by MR. W. SLEIGH. I heard the whole of it—I was in one part of the bar, and they were in another—I heard a row—I did not interfere—I said at the Police Court, "I saw Field take the watch out of his left side trousers pocket"—that was as the Policeman was bringing him into the box where I was—he did not try to put it on a seat—it went towards the seat, and rolled on the floor.
THOMAS WHITESIDE . I am a bookbinder, and live at 22, Charles Street, Islington Green—I was in the parlour of the Gordon Arms about 11.30 on 8th March—I saw the potman detaining Field—I next saw Dwyer strike at
the potman through the door—I went to take the potman's part—I went outside, and I was struck by Dwyer—I struck him back, a scuffle ensued, and I got my ear bitten through.
WILLIAM KINGSTON (Policeman E 158). I was called into the Gordon Arms, and Wakefield gave Field into my custody for stealing his watch—Field said "You have made a mistake this time"—I had him by the right hand, and he threw the watch out of the left—I had seen the two prisoners together about half-an-hour before, at a public-house—I was called in to put them out, but as soon as I put my feet inside the door they walked out—I found 1s. 8d. on Field, and 1s. 5d. on Dwyer.
Cross-examined. It was Saturday night, at 11.40—they were turned out of the music hell for kicking up a row, not for being drunk—they were not drunk.
FIELD— GUILTY .— Nine Months' Imprisonment.
DWYER— NOT GUILTY .
NEW COURT.—Thursday, April 10th, 1873.
302. JOHN KEEGAN (55), JOSEPH SMITH (26), CHARLES ARTHUR BEARFIELD (28), and WILLIAM MEAD (18) , Burglariously breaking and entering the dwelling-house of George Tueskie and others, and stealing therein 700 yards of velveteen, silk, and other articles, his property.Second Count—Feloniously receiving the same.
MR. HOLLINGS conducted the Prosecution; MR. BEINDLEY appeared for Keegan, MR. F.H. FRITH for Smith, MR. MONTAGU WILLIAMS for Bearfield, and MR. WITHERS for Mead.
GEORGE TUESKIE . I am a hat and cap manufacturer, of 42, Jewin Street, in partnership with my father and brother—on 7th March I looked up the premises at 8.45, and next morning I found the back part forced open, a lock broken, seven or eight desks forced open, and 700 yards of velveteen and other articles stolen—I identify a great deal of tins property (produced)—this felt hat and fur cap are mine—the value of the articles I lost is between 200l. and 300l.
Cross-examined by MR. WITHERS. This hat is stamped in the centre—we make a great many of them—we had about 200 dozen of these fur cape, and I missed a basket of them; eight or nine dozen—the quantity found by the police is nearly equal to the quantity stolen—I cannot swear to the hats—we sell a great many, we supply the trade.
Re-examined. The caps were made for us, but this felt hat we made ourselves—I can swear to this velvet positively.
HENRY RANDALL (City Detective). In consequence of information I received, I went with other officers to 1, Banner Street on 20th March, about 7 p.m., and found that Keegan occupied the front room, ground floor—I saw his wife, and asked if her husband was at home—she said "No, "but she expected him shortly—we waited a short time, and he came in—I told him we were police officers, and pointing to a large quantity of goods in the room, consisting of fur caps, silks, &c., asked him how he became possessed of them, as they formed the proceeds of several burglaries in the City—he said "I decline
to answer anything"—I took him in custody, and took possession of the property—I found on him 35s., and several small articles.
Cress-examined by MR. BRINDLEY. We found a large quantity of property, some of which related to other charges—it is not a shop, furnished with goods for sale: he lived and slept in the room—relating to this charge, I have got six fur caps, eleven pieces of lining, and a variety of other articles.
JOSEPH WILLIAM FAWKE (City Detective). I accompanied Randall, and was present when Keegan came in—we found a great quantity of property in his place—going from the station to the Police Court he said that he felt very ill, and asked if his wife might ride with him in the cab—I said "Yes, "and going along she asked him to tell me the truth—I said that whatever he said would be used in evidence against him—he said "The four pieces of stuff and the buttons I had from Bearfield's, in Cliff Street, New North Road, and I was to have a commission for selling them"—at Guildhall I called Bearfield out of the cell, cautioned him, and told him in Keegan's presence what Keegan had said, and that he had no occasion to reply unless he liked—he said "You told me to buy the stuff, and give 6d. a yard for it, and 2d. a gross for the buttons, and I was 2s. out of pocket by it"—I found the stuff and the buttons at Keegan's house—this (produced) is a sample of the buttons.
Cross-examined by MR. BRINDLEY. I knew that Keegan was in a very bad state of health, and his daughter was very ill with fever in the house at the time—they seemed to be in distress; there was nothing in the house scarcely, except this property, and he told me he was to have a commission on what he sold.
FREDERICK DOWNS (City Detective). I know 28, Cliff Street, New North Road—Bearfield lives there—I had been watching that house, and on 19th March a cab drove up, some parcels were placed in it, and Keegan, I believe, got on the box, and the cab drove away, and Bearfield walked from there with a man not in custody, carrying a parcel under his arm—they went to 36, Peerless Street, City Road, which I believe to be the residence of Mead—he remained there a minute or two, and came out without the parcel—they then went into Bath Street, where Mead and Smith were standing outside a public-house—they had some conversation, and I left them there, and on the 20th I went with Halse to 36, Peerless Street, and in a front room on the ground floor I saw Mead, Smith, and another man—I said "We have come to search your place"—Mead said "All right, Mr. Downs"—I said "You will have to go with us for some peeple to see you"—I took Smith, and proceeded to Old Street, where he said "I am not going any further, "and ran away—I pursued him, and, with assistance, conveyed him to the station.
Cross-examined by MR. BRINDLEY. I am not certain that it was Keegan on the cab.
Cross-examined by MR. WITHERS. Some people live in other parts of the house 36, Peerless Street.
Cross-examined by MR. FRITH. I do not believe that is Smith's house—I don't know that he lives at 117, Cromer Street—I have never been there—I went where I expected to find him, to 36, Peerless Street—I believe he has an attraction there, and spends as much of his time there as at the other place.
the house, and between the bed and mattrass I found this jemmy, and in a cupboard this crow-bar—I asked them both if they could account for the possession of them—they said that they knew nothing about them—I took Mead to the station, and he was charged with Smith—on making further search next morning I found this felt hat and fur cap, thirty-one duplicates, and a number of memoranda in the name of William Mead, this centrepiece, a key, a chisel, and some other property not relating to this charge—the jemmy and chisel do not fit the marks at the prosecutor's premises.
Cross-examined by MR. WITHERS. I knew that Mead lived there—I do not know that a man named Mann, who has been convicted and sentenced, occupied that room—seven of these duplicates are in the name of Mead, and some are in the name of Butler—I never saw Mead wearing this hat Or cap.
Cross-examined by MR. FRITH. I did not search Smith or his house—I did not go there—I heard that he lived at 117, Cromer Street, but another officer went there.
THE COURT considered that there was no evidence against SMITH, BEARFIELD, and MEAD.— NOT GUILTY . KEEGAN— GUILTY on Second Count. He was further charged with a previous conviction at Worcester in February 1864, to which he PLEADED GUILTY.
303. JOHN KEEGAN, JOSEPH SMITH , and CHARLES ARTHUR BEARFIELD were again indicted for burglariously breaking and entering the dwelling-house of Joseph Engster and stealing therein 7 quilts and 41 pieces of bed ticking, his property.
MR. HOLLINGS conducted the Prosecution; MR. BRINDLEY appeared for Keegan, MR. FRITH for Smith, and MR. MONTAGU WILLIAMS for Bearfield.
JOSEPH ENGSTER . I am a merchant of 27, Cheapside, and have a ware-house at 1, Crown Court—Mead was in my service for 3 1/2 years—he left at the beginning of January—on, I believe, Wednesday, 29th January, I found that my warehouse in Crown Court had been broken into—it had been made secure the night before—I missed 41 pieces of ticking and 7 bed quilts, value altogether 350l.—I identify this bed ticking (produced) and this quilt, which has been made into a child's frock.
Cross-examined by MR. M. WILLIAMS. They are similar to what I lost—nobody else has this bed ticking or these quilts—I sell quilts, but only to two houses in London—Jackson and Graham's and a house in Oxford Street—I buy the ticking in Belgium—I am agent to the manufacturer—I had about 150 pieces when the robbery was committed three months ago—I also sell quilts to Cohen & Co. of St. Helen's, an Australian house—I identify them by the make—they are Swiss, and are made at St. Gall—I am the only agent for them in England—I lost seven—I have not found the other six.
Re-examined. The ticking was not all of this pattern of which the child's frock is made—there were three pieces of this pattern—we never sold this pattern to Jackson & Graham.
JOHN SADLER .—I am in the employ of Mr. Coutts, of 2, Crown Court, Aldersgate Street, a fancy box maker—on Tuesday, 21st January, about 7.45 a.m., I was at the bottom of Crown Court, near Mr. Engster's ware-house,
and saw Smith there—I was waiting to go to my work—he asked me if I would hold a truck, and I did so—he said that he would give me some beer, and he went up the court and brought several rolls of bed-ticking down—another man was with him, but I did not see much of him—there were three rolls in the truck, and I think he brought down five or six—I saw eight or ten altogether—he brought them from No.1, Mr. Engster's, next door to where I work—they left at 5 or 7 minutes past 8—the ticking was like this—Smith gave me 6d.—I am quite sure he is the man—I could swear to him out of a hundred.
Cross-examined by MR. FRITH. I cannot say that the rolls came from anywhere else but Mr. Engster's, they must have come from there—I cannot tell you whether his warehouse was wide open, as I was at the bottom of the court, 20 yards or more from it—Smith had the same coat on which he has now, a dark velvet coat—I was talking to Smith about a minute—I cannot be positive what sort of a hat he wore—he wore a kind of lightish trousers, a darkish tweed—if I were to see them now I should know them.
Re-examined. I saw him three, four, or five times, carrying the rolls down; a man named Hawkins was with me—I described Smith to the police at Moor Lane.
HENRY HAWKINS . On 21st January I was with Sadler—we are in the same employment—I saw Smith at about 7.45 a.m. at the corner of Crown Court—he and the other one asked me if I would mind helping to bring down a few rolls—they had brought down three bundles before they asked me—they had a truck with them and were bringing the rolls from Mr. Engster's—I went with them and they told me which to pick out and bring down to the truck—I brought six or Seven rolls to the truck—they covered them over with a cloth and asked us to help, and they turned round towards Barbican—they gave me nothing—I am positive Smith is the man—the rolls were round bundles done up in paper.
Cross-examined by MR. FRITH. I went into the warehouse with them—I had never seen Smith before—he had his face to me the whole time—he never turned round; of course I walked at the side of him, but when I was in the room he had his face turned to me—he and the other one were telling me what bundles to take—the warehouse door was wide open—Smith wore a kind of felt deer-stalker hat, an oval hat—I should know the other man if I saw him—I have a good memory for faces if I see them once—it was light—I should have seen the gas if it was alight.
FREDERICK DOWNS (City Detective). I went with Hake and the other officers to 28, Cliff Street, where Bearfield lives—he was not at home—I found in the front room first-floor, under the foot of the bed, this quilt, and this piece of ticking made into a child's petticoat—I took them to the station, showed them to Bearfield, and said "I found these in a box at your house, how did you come in possession of them?"—he said "My wife purchased that bed quilt some time ago of Mrs. Burton, of Worcester, and the piece of ticking she had from the same place, and I believe she gave it to her"—I then went and took Smith at 36, Peerless Street, and told him he was charged with entering the warehouse of Mr. Engster by false keys, and stealing property amounting to 300l.—he made no reply.
Cross-examined by MR. FRITH. I handcuffed Smith after he got away.
I went to 54, Great Sutton Street, Clerkenwell—I entered the house with the landlord, and asked if Bearfield was in; he has a shop there, but does not live there, his name was over the door on a large board—a woman said "No, he is not in"—I then went to the Sundial public-house, and taw Bearfield standing behind the counter with another man—I said "Charley, I want to speak to you"—he came to the door, and I said "Your name is Bearfield"—he said "No, it is not"—I said "Yes it is"—he said "You are mistaken, this man here is Bearfield"—I told him I knew his name was Bearfield, and took him into his shop and spoke to the landlady.
ISAAC GILBERT (continued). I searched Bearfield's shop, and found this velvet on his bench—I asked him where he got it—he said "Some tall man has just brought it in and left it here"—I told him to consider himself in custody on a charge of receiving it, well knowing it to be stolen, and took him in custody.
Cross-examined by MR. M. WILLIAMS. He said he was very foolish in allowing the man to bring the things into his shop.
THE COURT considered that there was no cam against KEEGAN— NOT GUILTY . SMITH— GUILTY .—He was further charged with a former conviction at Clerkenwell, in July, 1868, in the name of John Jones , to which he PLEADED GUILTY. BEARFIELD— GUILTY of receiving.
Second Count—Feloniously receiving the same.(The same Counsel appeared.)
GILBERT WAKEFIELD . I am a warehouseman in the employ of Frederick William Hodson, of 92, Watling Street—on 19th March I missed a case containing four pieces of French merino, value 40l.—these (produced) are three pieces; one of them has had two short lengths out off it.
Crocs-examined by MR. FRITH. They came from a large manufactory at Amiens.
HENRY RANDALL (City Detective). On the evening of 20th March I found three whole pieces of merino at Keegan's house, and a fourth piece which had been opened and twenty yards cut off—I asked him how he accounted for the possession—he said "I decline to say anything."
DANIEL HALSE (City Policeman 607). On the evening of 20th March I found these two pieces of merino at 36, Peerless Street, in a box in the room where Mead lived—I showed them to him, and asked him if he wished to give any account of them—he made no reply.
FREDERICK DOWNS (City Detective). I saw these things found in Meads house, and was present when they were shown to him; I corroborate Halse—Smith was in the same room, sitting on the bed, but he did not say anything; I don't think he lives there—they sleep in the same room.
Cross-examined by MR. WITHERS. Mead and a girl sleep there, I believe—various people sleep in the house—Mead was not living there at the time, ut I know he lived there, and the girl too—I know Smith as Mead's
companion, I believe he lives in Cromer Street, but I did not go there—I cannot say whether the merino was in the possession of the girl, it was where Mead and Smith were.
Cross-examined by MR. FRITH. I found nothing on Smith relating to any charge.
THE COURT considered that, there was no evidence against SMITH— NOT GUILTY . KEEGAN and MEAD— GUILTY on Second Count.
305. CHARLES WILTSHIRE (18), and CHARLES ARTHUR BEARFIELD , Stealing 1 box and 32 1/2 yards of velvet, of Philip Alpeter and another, the masters of Wiltshire, to which WILTSHIRE PLEADED GUILTY .—The prosecutor gave him a good character.— Two Years' Imprisonment.
MR. HOLLINGS conducted the Prosecution; and MR. CHARLES MATTHEWS, defended Bearfleld.
Cross-examined. I last saw it at the stock taking in December.
BEARFIELD— GUILTY — Five Years' Penal Servitude . Sentence on KEEGAN** and SMITH**— Fourteen Years' each in Penal Servitude. MEAD*— Two Years' Imprisoment.
The Jury in this case being unable to agree were discharged without a verdict, and the case was postponed to the May Session.
THOMAS FRICKELL (Detective Officer C). On Saturday evening, 15th March, I was at the Alhambra, and saw a crowd going in at the gallery entrance—the prisoners, went in together, and when they had got up eight or ten steps Romain turned round, meeting the crowd, and I saw him put his hand into the dress of a female, and take it out closed—he came down to the door and opened a purse, and was about to take something out but I took hold of his hand and said "I shall take you in custody for stealing that purse"—he said "It is my purse, there is only a shilling in it and you want to steal it"—we had a struggle, and I took him to the station, and found Abrams there—Romain said that he had never seen Abrams before—I took two loose sixpences and two small knives from Romain's waistcoat pocket, one of which was open—he said "That is not my knife, that belongs to the other man"—I saw them both together at the Alhambra, and in conversation.
Romain. Q. In what position was the door? A. Open—the people were behind one another—you faced the lady—I did not ask her if she had lost her purse—I could not get up eight or ten steps—you said that there was a shilling in the purse, and I opened it and found a shilling.
WILLIAM CANE (Detective Officer C). I was with Frickell, and saw Abrams feeling a woman's dress outside on the pavement, and after that they went inside and went up eight or ten stairs, and then turned round and
met the crowd—as they came down Abrams put his hand in a woman's pocket, took something out, and put it into his pocket—when he cams down to the door I stopped him, told him I was a policeman and should take him for picking pockets—he put his hand in the pocket where I had seen him put something, and took something out—I said "What have you got?"—he said "My purse"—he tried to throw it behind him, but I prevented him, and took it—he said "This is not the first time I have been served like this; I will make you pay dearly for it"—afterwards he said "It is not my purse, I picked it up on the gallery stairs"—I found 13s. on him altogether—one shilling was in the pocket where the purse was, and two tickets, a knife, a watch, and a ring.
Cross-examined. I have never said before that I saw Romain feel a woman's dress; I said that it was Abrams—there was a great crowd before the doors were open—200 or 300 people.
Romain's Defence. I am a cripple, but the policeman took my stick away; he took me before the Inspector, and I said "That is my purse!" he said "If you can tell me what is in it, it must be your purse." I said "There is only a shilling in it."
ROMAIN— GUILTY **— Five Tears' Penal Servitude.
ABRAMS— GUILTY .—He received a good character.— Twelve Monty Imprisonment.
308. EDWARD EVANS (28), and JAMES SIMMONDS (26) , Burglariously breaking and entering the dwelling-house of Richard Bannister, and stealing therein one coat, one ring, and other articles, his property.Second Count—Feloniously receiving the same.
MR. MOODY conducted the Prosecution.
ELIZABETH BANNISTER . I am the wife of Richard Bannister, of Limerston Street, Chelsea—on Tuesday evening, 11th March, I went out about 8.30—I fastened up the house, and left no one in it—I returned about 10.30, and found that somebody had been in at the breakfast-room window, and a hearth-rug, a table-cloth, and a coat had been taken—I have seen them since in the possession of the police.
SARAH ROBINSON . I am in service at 2, Limerston Street, close to Mrs. Bannister's—on 11th March, about 9.30 p.m., I went on an errand, and on my return I saw a man on the doorstep, and another getting in at the breakfast-room window—I cannot say who they were.
GEORGE WYATT . I am a milkman, of Highfield Road, Kensington—on 12th March I saw the prisoners in Slaidbourn Street, and Simmonds asked me to buy a hearthrug, as he had a friend who had one to sell—Evans was not quite close to him, and I don't know whether he could hear what was said—he made an appointment to show me the rug, and after serving my customers I went to Simmonds' house, and saw him and Evans there in a back room on the first-floor, an empty room—they produced the rug, and asked me 12s. for it—I offered 8s.—they said "Will you make it 9s.?"—I said "No!"—I gave them 8s. and brought it away—I gave the money to Evans.
JOHN GOLDSWORTHY (Policeman T 152). I received information, and on 23rd March went to Wyatt's house, who gave me the rug?—I afterwards went to 22, Oxford Terrace, King's Road, and found Evans there—I took him in custody, and told him the charge—he at first denied it, but after seeing the rug at the station, he said that he had been led into it.
FREDERICK CHINN ERT (Detective Officer T). I took Simmonds on 24th March at Chelsea—I told him the charge—he said "I did not steal the things, a man named Evans stole them, who I met about three weeks ago; he had had a row with his old woman, and had got some things to dispose of"—he mentioned two or three places, and afterwards Evans was apprehended at a place he had not mentioned—I also took at the same place Evans' servant, Elisabeth Payne, 16 years old, who said in his presence that she met a man who she did not know at the corner of Lawrence Street, Chelsea, who gave bar the things to pledge.
JOHN SINGLETON . I am assistant to Mr. Leeds, a pawnbroker, of Cheyne Walk, Chelsea—I produce a coat and a table-cover pledged there, on 16th March by Elizabeth Payne, who was afterwards taken before the Magistrate and discharged.
Evans's statement before the Magistrate: "This man Simmonds knows nothing about it, he is innocent. I don't wish to say anything about myself."
Witness for Simmonds's Defence.
ELIZABETH SLOWMAN . I am a servant—I was living with Mrs. Simmonds—I saw her get into a out at 8.30 on this evening, and the prisoner Simmonds got outside—I don't know when they returned, because I did not sleep there—on 12th March I met a man at the corner of Lawrence Street who asked me to pawn some things for him and he would give me 1s., and I did so—I think it was Evans, but I cannot say—I did not see the hearthrug.
Evans's Defence. I bought the hearthrug on the 12th for 6s. of a man by the King's Arms, and sold it again for 8s., but I never saw the other things. The girl said first that it was a boy who gave her the things.
EVANS— GUILTY on the Second Count. He was further charged: with a previous conviction at Marlborough Street, in June, 1870, in the, name of Charles Steer. (The officer to prove this conviction did not appear.)
NOT GUILTY of the previous conviction.
SIMMONDS— NOT GUILTY .
MR. MOODY conducted the Prosecution.
CHRISTOPHER HOLT . I am an upholsterer, of 271, Euston Road—on 26th February I saw my horse safe in the stable at 4 o'clock, and missed him early next morning—I have seen him since in Nash's possession.
MARY ANN STRATFORD . I live at the Mason's Arms Yard, Maddox Street, and keep a livery stable—on 27th February the prisoner brought a chesnut horse to livery, but the stable was full, I could not take it in, and told him to take it to another stable—he came back next day and I made room for another horse—the horse remained with me for a week, and on 7th March the prisoner came with Mr. Nash and sold him the horse for 9l.—he gave the name of Stirk, and said that he came from Mr. Mason, who is a customer of mine.
JOHN ANDREW NASH . I am in business at 168, Caledonian Road—on 7th March the prisoner came to me and showed me a chesnut horse in Mrs. Stratford's stable—I bought it fox nine guineas—Mr. Holt has since seen it and claimed it.
Prisoner's Defence. I bought the horse to sell again; I never stole it.
GUILTY — Five Years' Penal Servitude.
Before Mr. Deputy Recorder.
MR. MATTHEWS conducted the Prosecution.
JOSEPH Georg.PURTON . I am ft bricklayer, and lire at 58, Upper George Street, East Greenwich—about 3 o'clock p.m., on the 24th March, I saw the prisoner cross the road from the top of Tiley Street towards the railway with a basket on his head with some bacon in it—he dropped it over the railway fence, took the bacon out of the basket, and scrambled up the embankment with it—he left the basket behind—he then took the bacon from under his coat, and hid it under some timber; he came down the bank, took up the basket, and pushed it between the top bars of the fence into the road—he got over the fence into the road, picked up the empty basket, staggered halfway across the road, and then made a pretence to fall; he regained his feet and walked sharply down Edward Street—I followed him some distance and then went back to the spot where he had put the bacon—I had a friend with me—we found the bacon there—the prisoner came back to the place about half-an-hour afterwards—he did not find the bacon there, as my friend had moved it—he was looking amongst—the timber—I went up to him and said "I want you"—he aid "What for?"—I said "Here comes a policeman, you come to him and he will tell you"—a constable came up and I told him what I had seen—my friend produced the bacon from where he had put it—the prisoner said he did not know anything about it—I gave him into custody.
GEORGE PELLING . I am a cheesemonger, at 7, North Terrace, Telegraph Road, East Greenwich—this piece of bacon is a portion of a larger piece which I missed on 24th March last—the piece "weighed 22 or 24 lbs. and was worth about 12s.—I missed it between 1 and 4 o'clock on the 24th—I had seven middles of bacon on a tub near the door, and this piece corresponds exactly with the invoice weight, it makes up the exact weight of the whole.
WILLIAM GARTH (Policeman R 72). I received the prisoner into custody about 3 o'clock on 24th March, from Purton, and another man handed me a large piece of bacon; the prisoner said he knew nothing about it.
JACOB BAILEY . I live at 3, Edward Street, Greenwich—on 24th March last I saw the prisoner between 2 and 3 p.m.; he had ft piece of bacon on his head in a basket—he was about two or three minutes' walk from the prosecutor's shop.
He also PLEADED GUILTY to having been before confided, in November, 1872.— Four Months' Imprisonment.
MR. DE MICHELE conducted the Prosecution.
Royal Artillery—on 14th February I received from my mistress this cheque (produced) for 21l., signed by my master, for the purpose of buying my brother's discharge—my master wrote a letter, and the cheque was put into it, and directed to the Paymaster of the Depot Brigade, Royal Artillery, Woolwich—I enclosed that in a letter to my brother, addressed "A. Staples, Depôt Brigade, Woolwich"—I put the two letters into the letter-bag, locked it, and the postman called for it.
GEORGE GROVES . On 15th February I was the colonel's clerk at Woolwich—it was my duty to sort the letters, take the officers' letters, and leave the prisoner in charge of the office where the letters directed to the privates were left—the prisoner was employed there on the 15th, and on the 18th he asked me the name of the paymaster, saying he wanted to see him, as he felt anxious about his discharge, having lodged the money—I told him the paymaster's name, and he asked me to write it on paper—next day he asked me again the name of the paymaster, and produced this piece of paper, folded in four parts, and asked me to write the paymaster's name on it—the perforated edges and the colour of the paper induced me to think it was a cheque—I opened it, and found this cheque for 21l.—I explained to him that the cheque being made payable to order, it would be forgery to put the paymaster's name on it, and asked him where he got it from—he said that his brother had sent it to him, not knowing that he had already lodged the money—I gave him the cheque back.
Prisoner. Q. Did not I have another piece of paper in my hand? A. On 18th February you had.
WALTER MCGREGOR . I am sergeant-major of the prisoner's battery—on 21st February I received information of the loss of a cheque, and took the prisoner before the paymaster—he owned to having the cheque, and said that he had taken it to the paymaster, and given it to a man with a light moustache, and that it was for 21l.—I had orders to confine him—I afterwards searched his kit in the barrack-room, and in the folds of a coat, on a shelf above his bed, I found this cheque, in an open envelope, addressed to himself; also some other papers—I produce some papers with the paymaster's name written on them several times—he was brought before his commanding officer, and asked how he got the cheque—he said that he found it in the rear.
Prisoner. Q. Can you give me a character? A. Yes; I have known you two years, and you have been respectable and soldierly.
ALFRED STAPLES . I am the brother of Christiana Staples, and am a driver in the Depot of Brigade—on 17th February I received a letter from my sister—I should have received one on the 15th, but did not—this cheque is not payable to me, but to the paymaster—I had written to my sister before, and I knew that she was going to buy my discharge—the sum required was 21l.
Prisoner's Defence. I did not steal the cheque; I found it in the watercloset, on the floor. I had never seen a cheque before, and I took it to the barrack-room, and put it in my kit; but my intention was to give it to the paymaster. I asked his address with the intention of giving it to him. I have a good character, and a good-conduct badge.
GUILTY .—Recommended to mercy by the Jury,— Twelve Months' Imprisonment.
Before Mr. Deputy Recorder.
313. JOSEPH JOHNSON (41), PLEADED GUILTY to unlawfully having in his possession thirty counterfeit half-crowns and 120 counterfeit florins, with intent to utter the same, having been before convicted.**— Ten Years' Penal Servitude.
MESSRS. POLAND and ST. AUBYN conducted the Prosecution.
JAMES BRANNAN . I am agent to the Solicitor for the Mint—on the evening of 7th March last, about 6.30, I went with several other officers to the Fox beer-house, Southampton Street, Camberwell—we entered by the back door, and went up stairs—Sergeant Kenwood pushed open the door, and we found twelve or thirteen men in the room—a scuffle immediately ensued—I saw the prisoner throw something from his right hand out of the window, which was open about 8 inches—at that time he was seized by Kenwood, and I saw him take from his left hand three counterfeit halfcrowns and two florins, which he handed to me—the prisoner resisted very violently—several pieces of counterfeit coin dropped under the window, which were picked up by Inspector Bryant, and handed to me—after the prisoner was secured I looked round, and saw a man named Harris (see next case) stoop behind the door, and place behind his heels some counterfeit coin, which I called Bryant's attention to; he picked them up, and gave them to me—Kenwood afterwards went out on the lead flats, where the coin was thrown out of the window, and produced to me six counterfeit Ifcrowns—I then went out on the landing, and placed myself in an unoccupied room—the prisoner Johnson, who has pleaded guilty, came up the stairs, looked into the room, and no doubt saw the officers, and was turning back—I said "Walk in, Joe"—he said he did not want to go in—I said "I want that you shall," and I pushed him into Bryant's arms, and I saw him take from his side coat pocket a paper packet, which he handed to me—I opened it, and it contained thirty counterfeit half-crowns, wrapped in tenpiece packets, with paper lapped between them in the usual way, and 120 counterfeit florins, wrapped up in a similar way—I produce the whole of the coin.
RICHARD KENWOOD (Detective Sergeant G). I went with Brannan and the other officers to the Fox beer-house—we went up to the first floor front room—I pushed the door open—there were thirteen people in the room—the prisoner was sitting at a table near the window, which was partly open—as I entered he rose up and threw something from his right hand out of the window on to the leads—at the same time a paper packet dropped under the window, close to his feet—Bryant picked it up and handed it to Mr. Brannan—I seized hold of the prisoner—we had a desperate struggle—I succeeded in taking three half-crowns and two florins from his left hand—the two florins were wrapped in paper, and the half-crowns not; I handed them to Mr. Brannan—I afterwards got out on the leads and picked up six counterfeit half-crowns, which I also gave to Mr. Brannan.
BENJAMIN BRYANT (Police Inspector G). I was with the other officers—I saw the prisoner rise from his chair and throw something out of his right hands on to the flats and drop a packet on the floor containing eight
florins—I saw Kenwood tussling with him, getting something from his hand, which he handed to Mr. Brannan—I saw Harris stoop down and put a paper packet behind the door on the floor—I picked it up and gave it to Mr. Brannan—it contained seven counterfeit florins—I took from Johnson thirty half-crowns and 120 florins—on a chair in the room I found a florin and two half-crowns on the hob of the grate—the fire was not alight—I gave all the coin to Mr. Brannan, sixteen pieces in all—the prisoners Harrison and Johnson were taken into custody.
The prisoner put in a written defence stating that he was in the beer-shop playing a game of "shove-halfpenny" when he was seized by the officers—he denied that any bad money was found upon him, and asserted that it was taken from the window silt and the leads.
He also PLEADED GUILTY to having been before convicted in August, 1867.**— Ten Years' Penal Servitude.
315. FREDERICK HARRIS (18), was indicted for a like offence.— The officers Benjamin Bryant and James. Brannan repeated their previous evidence, and Mr. Webster proved the coin to be counterfeit. [Pleaded guilty: see original trial image.]
He also PLEADED GUILTY to having been before convicted of larceny in July 1871.**— Eighteen Months' Imprisonment.
WILLIAM WHALE . I keep the Barley Mow public-house, Paradise Street, Rotherhithe—I took Charles Gibbons into my service on the 28th February—in consequence of certain facts which came to my knowledge I gave information to the police, and on Saturday, 15th March, I had a constable watching the premises—I was in my bar parlour and saw the constable follow the woman in—he seized her as she took Some money from the bar, and my foreman pushed the man into the bar parlour to me—he dropped on his knees and said, "Pray forgive me, for the sake of my poor wife; I will never do it any more"—I waited a moment and said "What do you mean, Charles I forgive you for what?"—he got up, sat on a chair, and said "I have never done anything; I never did anything wrong to you; what am I here for?"—the detective came back and took him, after locking the woman up—he was searched and 30s. in gold and 15s. or 16s. in silver was found upon him.
Cross-examined. I saw the money that was taken out of the woman's hand, but not at the time it was taken—the male prisoner recovered himself, jumped up from the floor, and said "I am an honest man; I never robbed you or anyone else."
JOSEPH LONG . I am barman in the service of Mr. Whale—I have been manager twelve months, and have lived with him for ten years—on Saturday evening, 15th March, about 8 o'clock, the woman came in and called for a quartern 4of gin—the male prisoner served her—I was watching—she gave no money to pay for the gin—the man gave her some money out of
the till, I could not see the amount at the time—a constable came in and seized the woman's hand—I took the male prisoner and put him in the parlour—I asked him if he knew that woman—he said "Yes, it is my wife"—I left him with my master and went back to the bar—I had frequently seen the woman there before—I saw her on the Thursday before, and on the Wednesday, and on the Saturday previous I saw her three times—she took a quartern of rum away in a bottle on one occasion, and received some change—she had tendered some money.
Cross-examined.—I saw her on the Wednesday, but the male prisoner was then out—she had some pale brandy, and paid for it with a half-sovereign—another barman served her—she drank the brandy, took up the change, and went out—Henry Tosey was the other barman—he was in the bar on the 15th—he was not watching—he was five or six yards from the prisoner, and I was about two—there were a number of people in the bar, but in the compartment where the female prisoner was there was no one but the constable when she was taken—there were twenty or thirty people in the bar—I was engaged in serving there—there were five of us serving, including Mr. Whale—the constable was in the bar when the change was put down, and he seized her hand before I could—he was at the door when the gin was drawn—I did not see him take the money out of her hand—I saw her take up some money from the counter, I could not say the amount—I can swear she put no money down.
Re-examined. At the different times the woman came in they did not recognise one another—I never saw them speak to one another—the woman coming in and the deficiency in the takings caused us to watch.
YDDLKTON (Detective Officer R). On the Wednesday preceding Saturday the 15th, the female prisoner was pointed out to me—she went to the Barley Mow on that day, and was served by the male prisoner with a half-quartern of pale brandy—she tendered a florin—she then asked for two Abernethy biscuits, and paid with a half-sovereign—she had the change given to her and went away—I did not see her on the Thursday—I saw her on the Friday about 11.30 a.m.—she went into the public-house—I saw her again on the Saturday—she went into the side box—I heard her call for a halfquartern of gin—I saw the male prisoner serve her—she did not tender any money—the man laid down some money, and immediately she picked it up I seized her hand—I found in it a florin, a shilling, a sixpence, and 1 1/2 d. in coppers—she said "Oh, pray forgive me; do, pray, forgive me!"—the barman had hold of the male prisoner, and put him into the bar-parlour—I took the woman to the station—she said "I have been married to him two years; he is my husband; during that time he has been a scamp to me; if I had taken my friends' advice I should not have come to this; I knew it must come some day."
Cross-examined. The first day I went to the Barley Mow was on a Saturday, but I did not enter into the case before the Tuesday—the affair about the brandy took place on the Tuesday—the male prisoner served her then—I swear that—I have no doubt about it—she paid a 2s. piece for the brandy, and a half-sovereign for the two biscuits—when she got change for the half-sovereign I was in the bar, standing close to her—I was not in a position to see if Long was in the bar at the time, it is a very long bar—I could not see the whole of it, the partition prevented me—I heard her call for a quartern of gin on the Saturday—I did not tell the Magistrate that I did not hear what she called for—I won't swear that I did not say so
—I don't think I did hear what she called for, it is a mistake what I have said to-day—I did not call the barman's attention to what was in her hand—he was putting the male prisoner into the bar-parlour—she had her purse in the other hand—I did not find a 2s. piece in it—I found three single shillings and a penny.
He-examined. I was about 3 feet from her when she was taking the money up—she put no coin down.
ROBERT FOULGER (Detective Officer R). In consequence of information I received, on Sunday, 9th March, I watched the male prisoner—I saw him leave his master's house a few minutes past 3 o'clock—he took an omnibus and went to Tooley Street—he met the female there—they went through several streets in Bermondsey, and parted at twenty-five minutes to 6 o'clock—the man went towards Mr. Whale's—on the Tuesday before the Saturday she was taken, I saw the female prisoner a few minutes before 4 o'clock—she came in an omnibus to Mr. Whale's—I saw her again on the Thursday—I saw her in custody in the charge-room at the police-station on the Saturday—she said if Mr. Whale would forgive her, she would go to service and lead an honest life for the future.
Cross-examined. Mr. Whale gave me instructions to watch the male prisoner—I was on duty from 7.30 in the morning till 7.30 at night, and was not able to be there at that time.
GUILTY —MARY ANN GIBBONS, recommended to mercy by the Jury— Six Months' Imprisonment. CHARLES— Eighteen Months' Imprisonment.
MR. LEWIS conducted the Prosecution.
Prisoner. Q. How long have you known my neice, Mr. Carr? A. About two months.
The letter stated:—"20, New North Road, Hoxton. Tuesday, 12 a.m., 17th December, 1872. Dear Sir,—I find I have done you much injustice in writing to you upon the treatment of your assistants; it appears they were wanton falsehoods, therefore, I feel sorry, and apologise for paying attention to such false statements emanating from Mr. B. Roper. With regard to the other unpleasants, they are unfortunately too true. Miss Roper, sister of your assistant, is, I fear, leading an abandoned life of immorality somewhere in your neighbourhood. I often see her about town, but can't find her address, with a view of reclaiming her from such a course, which I am anxious to do, as she is my own sister's daughter. Her family are anxious about her and have written from Bury to me to find her out. Now, Mr. B. Roper knows where his sister is, but will not inform me you would indeed be doing a good act if you could procure by some means the address of that young creature, in order that I may take measures to send her home to her parents immediately and thus relieve their distress and anxiety. The poor father, who is an excellent and good man, would, like myself, esteem it a lasting favour if you can aid us in this matter and at once furnish me with her whereabouts.—I am, yours faithfully, Henry Pearson."
Prisoner. Q. It is my letter; were you aware where Miss Roper resided? A. Certainly not—her brother lives with me as assistant—I pay him 25l.—I read the letter, commented upon the contents of it, and gave it up at once.
ANN MARIA ROPER . I am single, and life with some Mends at Tennison Street, York Road, Lambeth—my parents live at Bury St. Edmunds; I came to town about two and a half years ago—I have been in toll employment since I have been in London—there is no pretence for saying that I have been leading a life of abandoned immorality—the letters produced art in the prisoners writing—he is my mother's brother—since I was at Bury St. Edmunds he has been bound over to keep the peace—he got me discharged from Spiers & Pond's—it is not the fact that my parents have been seeking me and do not know where to find me—I have been in constant communication with them.
Cross-examined by the Prisoner. I have resided with Mr. Walter Palmer, a farmer, at Kelford, as governess—no intimacy sprang up between us while I was there—I have never admitted that I was seduced by Mr. Palmer—I never had occasion to lock myself up in a room from Mrs. Palmer's vengeance—I never stated that Mrs. Palmer had attempted suicide by throwing herself into a pond—I will swear that I never received any visits from Mr. Palmer during the time I was at Bury—I never accompanied him to Cambridge—I never went to a flower-show to meet Alfred Burt—Mr. Palmer did not pay a draper's bill of 16l. for me at Bury St. Edmunds—I owed 3l. when I left there; that was all—I know Mr. Beckett, a surgeon; he took your practice—I do not know Mr. Layton, or Mr. Tinker, a chemist and druggist—I have heard their names, but I am not personally acquainted with them—I knew a Mr. William Lawrence; I was introduced to him by your wife—I was engaged to him—he is a widower, and has three children, I think—I have gone to his house with my aunt and cousins, your children—I saw Mr. Palmer once at Hull—I will swear I did not walk out with him one evening—my grandmother left me a small legacy—I came to London to seek a situation, and my father furnished me with means—my father is clerk to a wine merchant, and he has eleven children—when I came to London I was anxious to get anything to do I could that was respectable—I saw Mr. Palmer once at the Agricultural. Hall, when I was behind the bar for Spiers & Pond—he came up to the Horse Show—I have never received apples, eggs, game, fowls, and pigeons from Mr. Palmer—I never received a hamper; only from my father—Spiers & Pond appointed me to the Blackfriars Station, and I went there on 14th June—they afterwards sent me to Swanley, as lady, manageress—I was there from the latter part of June until November, and the reason for my leaving was that you had written letters to them against my character—I was never at the Half Moon, in the Borough, with Mr. Palmer, nor at a theatre with him in the evening—I never went to your lodgings for the purpose of creating a disturbance; I wanted to ask you what object you had in getting me discharged.
Re-examined. This post-card is in his writing, and it destroyed my position with them.
The Prisoner's Statement before the Magistrate: "What I have done and said are the words of soberness and truth, and moreover done with the best
possible motive for her welfare and advantage. I was wishful to do her good, and reclaim her from her improper course of life. I do not know how you can make a libel of it. I do not know what a libel is."
GUILTY .— Two Years' Imprisonment and Fined 50l., and to be further imprisoned until the fine be paid.
318. WILLIAM STANLEY WILLIAMS (28), PLEADED GUILTY to unlawfully obtaining by false pretences from Henry Carr, a gold chain, two gold rings, and 4l. 10s. in money, with intent to defraud; also to unlawfully attempting to obtain by false pretences from Henry Richards, 15 yards of silk, and other articles, with intent to defraud; and also to unlawfully obtaining in the City of London, by false pretences, from William Timothy Long, one hydrometer and the sum of 6l. 10s. with intent to defraud.— Five Tears' Penal Servitude.
MR. MEAD conducted the Prosecution.
MR. SIMS appeared for Page, and MR. COOPER for Perry.
THOMAS HESTER . I am a poulterer, of 158, Old Kent Road—on the morning of 1st March I was alarmed by a policeman about 1 o'clock—I had gone to bed about 11 o'clock, and had shut my shop up safely as usual—I went down stairs and saw policeman No.70 struggling with a man named Lun, who has been convicted at the Kingston Assizes—he brought him into the shop—they were both overcome by struggling—another policeman came up on hearing the rattle—an attempt had been made to break the door in, the panels of which were smashed—three window shutters were out of their places, and the bar had been wrenched down—thay had succeeded in getting access to the shop and were trying to take a fowl—I found a fowl with its neck pulled off—they could not get it through.
JAMES WHITEHEAD (Policeman M 70). On 1st March, at 12.40 a.m., I was on duty in the Old Kent Road—I saw the two prisoners and Lun and another one—I had been watching them some little time—they all came down the Kent Road together—they stopped opposite the prosecutor's shop—I secreted myself in a garden—Perry stopped 15 or 18 yards away, Lun and Page stopped opposite the shutters—the other man went on, and left Page and Lun standing by themselves—they went to the shutters—I heard a noise as if wood were cracking, and heard the shutters fall down on the floor—I ran across the road and caught hold of Page with my left hand and dragged him down; at the same time I got hold of Lun—Page escaped—I kept Lun till the prosecutor came down—I sprang my rattle—while I was on the floor with Lun two P Division policemen came—one of them secured Perry and the other ran through the square after Page—I have no doubt about the identity of either of these men—Page I am certain of—I think I can identify both the prisoners—I was in plain clothes—there were no other persons walking en the road about the same time.
Cross-examined by MR. SIMS. I had seen Page the night previous—Lun was the man I ultimately took—I paid particular attention to Page whilst I had hold of him, and before letting him go, so that I should know him again.
Cross-examined by MR. COOPER. The nearest I got to the men Waft about eighteen or twenty yards.
JAMES HAM (Detective Officer), I know the prisoners—I have seen them together before the 1st March, when they were with Lun and another—I took Page in custody in Neat Street, Camberwell, and charged him—he said "I will see you b----d before you shall take me"—we had a struggle.
Cross-examined by MR. SIMS. I took Page three weeks after the burglary—I was looking after him in the meantime.
Cross-examined by MR. SIMS. He did not struggle until we got hold of him—he said to the female who was with him, "Polly, you are all right; you know nothing about this."
Witnesses for the Define.
MRS. PERRY. I am a widow—I have a son a sailor—he is at sea now, at Portsmouth—he was at home on 1st March—I let him in about half-past 11 o'clock—he slept in the attic where I did—I was father angry with him, for he broke my lamp-glass in the bedroom—he was not up again before 8 o'clock in the morning—he breakfasted with me and my daughter—I have the care of a gentleman's house, id which I, my son and my daughter, were residing.
Cross-examined. I went to Carter Street when my son was examined—I told the policeman there that I was the prisoner's mother, and was ready to give evidence, but he would not let me in—I had to go to Somerset House for my money on 1st March, and I know my son was in during the night—my daughter slept in the attic with me, and the smashing of the glass roused her up—I left her in care of the house when I went to the Inland Revenue Office for my money.
RACHEL MART PERRY . I am the daughter of the last witness—I remember my brother being taken up—on the last day of February I went to bed about 11 o'clock, and about half-an-hour afterwards my brother came—I heard a smash—he had broken the lamp-glass—the next day my mother went to receive her money.
Cross-examined. I heard the smash, but I did not see the glass broken—my mother and I took the keys of the house with us when we went to Kennington Lane—we had two keys—I did not hear my brother tried.
PERRY received a good character.— NOT GUILTY .
PAGE— GUILTY — Seven Years' Penal Servitude.
MR. SIMS conducted the Prosecution.
WILLIAM LETHEE . I am a labourer, and live at 16, High Street, Aldgate—on 11th March I was on board the Leo, a steamship lying in the river off Horselydown Stairs—I hung my coat up at 6 a.m., in a horse-box in the ship—I saw it there all day till 6.30 at night—it was safe then—I took my pipe out of my pocket at 6.30—I did not see the prisoner on board—I don't know that I ever saw him in my life—I missed my coat—this is it (produced—it was worth about 2s. to me.
turned in from tea, in the horse-box on the starboard side—a rail at the side of the horse-box is moveable, to let the horse walk out—nobody could reach the horse-box from a boat; they must come on board—I did not see the prisoner that day—this (produced) is my coat.
WILLIAM MOON (Policeman K 281). On the night of 11th March, about 8.15, I was at the New Crane Stairs, and saw the prisoner carrying a coil of rope—I stopped him, and asked him where he got the rope—he said "From a barge on the other side"—I said "What are you going to do with it?"—he said "Take it to a rag-shop and sell it"—I said "It is good rope, and I shall detain you for unlawful possession of it"—he plunged into the water, and I went in after him—we had a struggle, and at last we got into deep water—I had to get into a boat, and he swam ashore and went to the next stairs—I found two coats in the boat, but nobody was in it—these stairs are about a quarter of a mile from Horselydown Stain—I saw the prisoner next day at the Thames police-station, and identified him.
Prisoner. When you came to the Thames police-station, you said "How did you like your swim?" I said "What are you talking about?"You walked away, and nodded your head. I was put with seven more men, and Inspector Reed put a plant to you, and you pointed to me in a moment. It is not likely you could know me when you were behind me, with a rope on my back.
Witness. I have no doubt you are the man.
JAMES KIRBY (Policeman K 590). On 11th March I was with Moon in New Crane Street, and saw the prisoner in the water—he pulled the boat after him, and struggled with the constable in the water—the constable got into the boat, and the prisoner left him there, and swam ashore—I went up to my knees in mud after him, but could not get hold of him—I identified him at the station, and have no doubt about him.
GEORGE REED (Police Inspector). On 12th March I took the prisoner in the Commercial Road, and told him it was for the unlawful possession of some rope, at New Crane Stairs, last evening, and also assaulting a constable—he said "Not me, Mr. Reed; I was not there; it is a mistake"—he was arranged with seven other men at the station, and was picked out—his clothes were still wet, and the mud was still on them.
Prisoner's Defence. One morning I was taken from the Custom House, and got a month's hard labour at Holloway Prison. The constable asked me how I got into the boat; I said that I walked into the water. I had my clothes all over mud that morning.
ADJOURNED TO MONDAY, MAY 5TH, 1873.