CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 9TH, 1878.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, June 9th, 1873, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW KNT., LORD MAYOR of the City of London; Sir GILLERY PIGOTT , Knt., one of the Barons of Her Majesty's Court of Exchequer; THOMAS SIDNEY , Esq., JOHN CARTER , Esq., F.A.S. and F.R.A.S., Sir THOMAS GABRIEL , Bart., Sir THOMAS DAKIN , Knt., THOMAS SCAMBLER OWDEN, Esq., and JOHN WHITTAKER ELLIS, Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WATERLOW, MAYOR. EIGHTH 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, June 9th, 1873.
Before Mr. Deputy Recorder.
MR. GRIFFITHS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
The alleged libel charged the prosecutor with keeping an improperly conducted house.
To enter into his own recognisance in 100l. to appear and receive judgment when called upon.
376. PHILIP BOX (43), and MARY GODWIN (26) , Unlawfully obtaining by means of false pretences, from Donald William Finch, 37l. 7s. 6d. with intent to defraud, and conspiring together to obtain the said sum with intent to defraud.
BOX PLEADED GUILTY — Twelve Months' Imprisonment.
MR. POLAND, for the Prosecution, offered no evidence against MARY GODWIN.
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
SARAH ANN HONEY . I am clerk in the Post Office, 16, Mark Lane, City—on the afternoon of 7th May, a little past 3 o'clock, the prisoner came in and asked for 3s. 6d. worth of penny stamps, and put down a halfcrown and shilling in payment—I put the half-crown into the tester, and it bent—the date was 1817—we had had a quantity of bad money passed the previous day, and some of that date amongst it—I had seen the prisoner in the office a few days before—I handed the half-crown to Miss Wade, and she asked the prisoner where he got it from—he said he had got it in change in King William Street—it was afterwards given to the constable.
and shilling in payment for the stamps—Miss Honey put the half crown in the detector, and bent it, and I bent it further—I am sure it was bad—the shilling was good—I took the half-crown round to the prisoner, and I asked if he knew it was a bad one and where he got it—he said he got it in King William Street, and offered a good one—I did not take it—I sent for a constable and gave him in charge—I had seen him in the shop one day the week before.
ROBERT FRISBY (City Policeman, 789). I took the prisoner into custody!—he said he got the half-crown in exchange for a half-sovereign in a public-house in King William Street—I found on him two half-crowns, 1s. 6d., and a threepenny piece, all good—I produce the half-crown I received from Miss Wade.
CAROLINE FRISKE . I am niece to Mr. Chenowth, who keeps the Metropolitan Tavern, Southwark—on Saturday, 15th March, about 4 o'clock, the prisoner came and asked for 3d. worth of gin, and gave me what looked like a half-sovereign—I put it in a detector, and found it wag not weight—I gave it to my uncle—the prisoner subsequently paid with a good shilling, and I gave him change—my uncle put the half-sovereign on the counter, and asked the prisoner if he knew it was bad—he looked at it, and said he thought it was good, and he took it up and put it in his pocket.
WILLIAM CHENOWTH . I keep the Metropolitan Tavern—on 15th March I was in the bar and my niece gave me this coin—I found it was light, and I went to the counter and asked the prisoner what it was he had tendered—he said "Isn't it a half-sovereign?—I said "Certainly not"—he said "Do you mean to say it is not a half-sovereign"—I again said "Certainly not"—he then threw down a shilling, which my niece took up and gave him change for what he had been served with—I went out into the street and spoke to the policeman on duty, and whilst doing so the prisoner came out and passed by—I pointed him out to the policeman and afterwards gave him in charge.
Cross-examined. He was remanded three or four times, and subsequently the case was dismissed.
MARTIN SIMMERSON (Policeman M 88). I took the prisoner into custody and said "What about that half-sovereign you tried to pass?—he said "I have got no half-sovereign"—I said "Come turn it up, let us have a look at it" and then he took it out of his waistcoat pocket and said "It is right enough"—I said "I don't believe it is, come back and we will see about it"—we went back; he said he got it from a public-house in the Strand—he afterwards said he got it at Wood's, the wine merchant's, but it was no good going there because they would know nothing about it—I found on him two sixpences and 6d. in copper—he was remanded three times and then discharged.
Cross-evamined. Wood's is a place where they draw wine from the wood—a great many people go there.
NOT GUILTY .
NEW COURT—Monday, June 9th, 1873.
Before Robert Malcolm, Kerr, Esq.
JOSEPH GODFREY (Policeman K 164). I produce a certificate of the conviction of Catherine Maloney, at this Court, in June, 1871, for stealing 3l. 5s. from the person—(Read)—I was present, the prisoner is the person.
Prisoner. It is false, I never saw you before in my life, and I never was here.
GUILTY— Twelve Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
SARAH WESTON . I am the wife of Henry Weston, of William Street, Commercial Road—on Saturday, 26th April, a woman who I cannot swear to, gave my husband a shilling—on Saturday, 10th May, the prisoner came in for a 1/2 d. worth of vinegar and gave me a shilling—I bent it in the tester and found it was bad—I called my husband" and gave it to him—he said to the prisoner "You are just the young woman I want"—she offered him a shilling, but he refused to take it—she said "My father has just given it to my mother, and my mother gave it to me, so help me God!"—she went out and was taken in custody—I gave the shilling to the policeman.
Prisoner. I have known your husband three years, but this was the only time I have been in the shop—I received the money, 2s. 9d., for the sale of an anti-macassar.
HENRY WESTON . I am the husband of the last witness—I was present on the 10th of May when the prisoner came in, and I put my coat on, as I knew her—she had passed a bad shilling to me on the 26th—I watched, and saw her give my wife a bad shilling—I then said "You are just the girl I have been looking for, just the party I want"—she handed me another shilling, which I believe was good, but I would not take it—she went outside and offered it to me again—a man came and whistled to her, and she went after him—I said "That is somebody who belongs to you"—she went up to him, touched him, and said "This man says you are one of my pals"—I thought he was going to hit me, and stepped into the road—he ran into Cannon-street—the prisoner said "Why don't you fetch a policeman?"—I said "Because I am not such a fool as to leave you"—I had served her with 1/2 d. worth of vinegar on the 26th, and she gave me a bad shilling, but I did not discover it till a minute after she had gone—I kept it by itself, and gave it to the prisoner.
Prisoner's Defence. I was only in the shop once, but I have known the
prosecutor three years. I have been unfortunate, and used to meet him every night and give him beer. He has not long been married. I acknowledge giving the woman a shilling, but I never gave one to the man.
GUILTY .— Twleve Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ADELAIDE LEDGER . I am assistant to Mr. Howell, of Deacon's Coffee House, Walbrook—on the 20th of May, about 2 o'clock, I served the prisoner with a half-pint of porter, which came to 1d.—he gave me a half-crown—I said "Are you aware this is bad?"—he said "No"—Mrs. Howell passed it to Mr. Howell, and it was broken—the prisoner then tendered a penny to pay for the beer—he was given into custody with the pieces of the half-crown.
WILLIAM HOWELL . I keep Deacon's Coffee House—on the 20th of May I received a half-crown from my wife, and broke it—I showed it to the prisoner, who said that he got it in change for a half-sovereign the day before—I asked him where, but he avoided the question, and I gave him in custody with the half-crown.
WILLIAM HUSSEY (City Policeman 609). I took the prisoner and received this half-crown from Mr. Howell, in pieces—the prisoner said that he did not know it was bad, or where he got it—I only found two pawn tickets on him—he gave a correct address.
ABSOLOM STRONG . I am a butcher, of Devonshire-street—on the 7th of May, about 11.30, I served the prisoner with a half-pound of steak—he gave my wife a florin—she gave it to me to try, and it broke—I asked him where he got it—he could not tell me, and I gave it to the constable—the prisoner was remanded for a week and then discharged.
Prisoner's Defence. I got the half-crown in change of a half-sovereign the night before, but I don't know where.
MESSRS. CRAUFURD and DB MICHELE conducted the Prosecution; MR. DAVIS defended Harrington.
ALFRED SCOTT . I am head barman at the King's Head, King Street, Covent Garden—on the 11th of May I served Harrington with a glass of stout—he tendered a half-crown—I gave him the change, and he said "Give me all coppers, I have some porters outside I want to pay, I am in a hurry"—I put the coin separate from the rest, and found it was bad after he had gone—I kept it and gave it to Policeman 307 E.
Cross-examined by MR. DAVIS. I had never seen Harrington before.
WILLIAM Box. I am barman at the King's Head, Covent Garden—on the 27th of May the prisoners came in together—Harrington asked for a pint of ale, and gave me a half-crown—I gave him a shilling, two sixpences, and 3d. in
bronze, and put the half-crown by itself in a glass behind the bar—I bent it on the counter and thought it was good—they both drank of the ale—about ten minutes afterwards Harrington called for a half-quartern of rum, which came to 3d.—he gave me a half-crown, and the barmaid made an observation to me before I gave him change—I then tried both half-crowns, and found them both bad—I called the housekeeper, Mrs. Toppey, and went for a constable, who took Harrington.
Cross-examined. About eight people were in the same compartment with the prisoner—the bar holds about two dozen—I serve in the same bar with Alfred Scott—I had never seen Harrington before—nobody else could have put down a half-crown on the counter—there were only two which I took—I always put large money by itself—I usually place half-crowns in a glass—there was another glass with crowns in it, but I could not find it—I did not give the prisoner the change for the second half-crown—I gave them both to the housekeeper.
ELIZABETH TOPPEY . I am housekeeper at this public-house—about seven weeks previous to 20th May, Harrington came there and a woman, he had a black eye—he had a pint of ale and tendered a half-crown, the barmaid took it, and while she was looking at it, I took it out of her hand and said "It is a bad one, don't take it," and I said to Harrington, "Are you aware that this is a bad half-crown)—he said "No" and that he had just received it from Mr. Drayton, who he worked with—I said that he had better take it back, I bent it and gave it back to him—on the 27th, about 7.30, I was called into the bar by Box, who gave me two bad half-crowns—I sent for a constable and gave Harrington in custody—I took the two half-crowns in my hand and asked him if he was aware that he had given the barman a bad half-crown—he said "No"—I demanded the change for the first halfcrown and he refused me several times—he nudged Brennan on the elbow and said "You had better give it to her," and then Brennan gave me two shillings and three penny pieces from his pocket—they broth drank of the ale and talked together—I knew Brennan as a customer, and have seen him nearly every day—he went out when Harrington was taken—he came in again in the evening and said "You have done a nice thing for me You have, got 2s. 3d. out of me; you have no right to that man's change"—I told him that Harrington had given a bad half-crown—he came again on 29th May and was given in custody.
Cross-examined. We have a great many customers in the course of a week—I am certain Harrington is the man who came in six or seven weeks before, if I had not seen him for ten years I should have known him—I said "This is not the first time, or the fourth time, you have tendered bad money in this house"—he told me he got it from Mr. Draper's, in Covent Garden, and was not aware it was bad—a woman with him paid for the ale—Brennan asked for his change in the evening, and said that he gave it to save a row.
COURT. Q. Are you sure you got 2s. 3d. back? A. It was two shillings—I cannot swear there were three penny pieces, I know it was 3d. in copper.
EDWARD NICHOLLS . I am a salesman in Covent Garden Market—I went to this public-house in the evening with a friend, but did not notice the prisoners till I heard the sound of halfpence on the floor—as I sat I stooped and picked, up a penny and halfpenny, Brennan stooped also to pick them up—I handed them to him, and as I did so he handed me this paper parcel—just as I got it in my hand my wife came and called me out—
I did not notice Harrington—I spoke to a constable outside and Miss Toppey and the barman came out—I had to go to my stall and could not wait any longer—when I got to my stall I looked at the parcel and found two florins with soft white paper between them—my wife took them out of my hand and broke one of them with her teeth—Brennan then came up, and my wife said he was a wrong man to give her such things as that, he took the two florins and threw one into the drain, and walked away with the other—I pointed out the drain next morning to 307 E.
Cross-examined. I saw Harrington in the public-house—he did not speak to me—I gave the halfpence to Brennan—he said they belonged to him.
Brennan. Q. Where did I give you the parcel? A. While I was rising with the halfpence in my hand—you went out of the public-house with me, and stood against the door by the constable.
LOUISA NICHOLLS . I am the wife of the last witness—on the evening of 27th May I fetched him from the King's Head, and brought him back—he showed me a paper parcel at the stall—he took two florins out—I took them from him, "and broke one with my teeth—I did not try the other—Brennan came up and asked my husband for the parcel he gave him in the public-house—I said "You are no man to give such things as these to my husband"—he snatched them out of my hand, threw one down the sink, and went away with the other—this (produced) is a piece of one florin.
Cross-examined. I did not see Harrington—Brennan it called Ted.
Brennan. Q. Did you see me again after that night? A. Not till you came into the King's Head, Thursday night—I did not go to your place and tell you to keep out of the way of the coppers—I met Elizabeth Willis, who said "Have you seen my uncle and aunt?"—I said "I have not"—she said "They are very drunk, will you take me home and sleep me?"—I said "I will"—I took her home and put her to bed—the aunt came and said "Have you seen my niece?"—I said "Yes, she is here; don't let her get up till morning; your Ted is in a bit of trouble."
Re-examined. I don't know what night that was, but it was after the occurrence of the paper parcel.
STEPHEN LACEY (Policeman E 307). I was called to the public-house and took Harrington—Nicholls, who was there, came out and spoke to me, and then went away with his wife—Harrington said he had only passed one half-crown—he was searched at the station, and 3s. 6d. in silver and 8d. in bronze was found on him—there were no shillings—Brennan came to the station and saw Harrington there—I can't say whether he spoke to him—he went away immediately—the prisoners were sober—next day Nicholls pointed out to me a drain with a grating over it, not for from his stall—I lifted up the grating and found this florin standing edgeways, as it had fallen and stuck in the rubbish—next evening, in consequence of information, I took Brennan at the public-house, and told him it was for being concerned with Harrington—he said he would go with me; he knew nothing about it—I found on him 6d. and 2d. in bronze, good money—I produce the three half-crowns and one florin.
Cross-examined. I met Harrington at the door, and Scott charged him—he said that he had only passed one—I found on him a good half-crown, two sixpences, four pence, and two halfpence.
Witnesses for Brennan.
MRS. JONES. I know Mrs. Nicholls—I saw her go up stairs, but do not know what she said to Brennan—Mr. Nicholls' brother came on Thursday and asked for Brennan, and said "When he comes in, tell him to get out of the way, as the police are after him"—I said "What for?"—he said "For passing bad money"—I said "Do you think he is guilty?—he said "No, I do not"—when Brennan came home, he said "I can't go away, Mrs. Jones, because I am not guilty; I get my living in the market, and if I was to run away I should get glared at ever afterwards"—I said "Don't you think you had better go till Monday?—he said "No"—I know that he had no money, because he could not go to a funeral for want of money.
Cross-examined by MR. CRAUFURD. This was last Thursday week—I saw Mrs. Nicholls go up stairs on the Wednesday morning, and again on the Friday—she went to see the Brennans, but they were not up—she went into the room, but I do not know what passed—Brennan had no money on the Saturday, Wednesday, and Tuesday—I am sure of that, because his wife borrowed a penny of me for a postage stamp—I don't know whether they had any money on the Wednesday—they had a little niece living with them, named Lizzie, who has no rather or mother, and the reason why I think they had no money is, because when I went up on Wednesday, between 3 and 4 o'clock, they were eating dry bread for their tea, and I don't think anybody would do that if they had money in their pockets—Brennan is a porter in the market, and is a sober, respectable man; they have lived with me eight or nine weeks.
ELIZABETH WILLIS . I know Mr. and Mrs. Nicholls, and slept there on the Thursday night—my aunt was out and my uncle was not up stairs—I saw the Nicholls's with them the same night, in a public-house at the end of James Street—that was before I went to the Nicholls's house.
Cross-examined. I am the little girl Mrs. Nicholls took home on the Thursday night when my uncle and aunt were drunk—they were drinking with Brennan the same night, in the public-house—they did not meet me in Long Acre, crying because I could not get into the house, that I swear—nobody told me to come and tell this story—my aunt brought me here—she did not tell me anything about the case, she only told me to tell the truth—she did not tell me about Thursday—I went to Moore's public-house, in James Street, to see where my aunt was, about half-past 9 o'clock—she is in the habit of going there—I had been out at work, and came home at half-past 9 o'clock; I could not get in, and went to the public-house, but my aunt was not there—I found Mrs. Nicholls and my uncle there, but my uncle never had the key—Mr. and Mrs. Nicholls and my uncle and another gentleman took me to another public-house in Long Acre first, and then Mrs. Nicholls took me home—the prisoner Brennan is my uncle—my aunt came to seek for me, but I was in bed and asleep—I went to work next morning.
Brennan's Defence, I am quite innocent. These two witnesses have proved that they were not with me. I never gave Harrington a farthing. I never gave the florin at all, and never saw it till it was in the wife's hand.
HARRINGTON— GUILTY .
He was further charged with a previous conviction at Clerkenwell, in December, 1871, to which he PLEADED GUILTY.** Two Years' Imprisonment.
BRENNAN— GUILTY — Twelve Months' Imprisonment.
OLD COURT.—Tuesday, June 10th, 1873.
Before Mr. Deputy Recorder.
386. JOHN SMITH (18) , to unlawfully obtaining by false pretences from Elizabeth Pengelly, four sunshades, with intent to defraud, having been before convicted— Twelve Month' Imprisonment , And [Pleaded guilty: See original trial image.]
387. FREDERICK PHILIP JAMES LAWS (19) , to stealing a post letter, containing 159 diamonds, the property of Her Majesty's Postmaster-General— Five years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. PLATT conducted the Prosecution.
GUILTY on the First Count .— Eighteen Months' Imprisonment.
MR. COOPER conducted the Prosecution; and MR. F. H. LEWIS, the Defence.
SIDNEY DOUGTY . I am parcels clerk at the Bull and Mouth receiving office of the Great Northern Railway, Angel Street, St. Martin's-le-Grand—the prisoner was parcels porter in the office—he has been in the employ of the Company two years—about 2.30 on the 6th May, Mr. Whiffen brought me a parcel—the prisoner received it and signed for it—I have the book here—shortly after that I had occasion to send the prisoner up stairs—whilst he was up stairs, I saw two pairs of trousers under a desk in the outer office—soon after that I had to go into my own room to see some one—I returned to the office shortly after and saw the prisoner, who had just come down stairs—I said "What about those trousers that were lying under the desk table"—he said "What trousers?"—I repeated "The trousers lying under the table there," assuming they were still there—but on looking under I found they had been taken away—I then observed the prisoner had a small parcel in his hand, roughly done up—I said to him "What is in that parcel?"—he said "What business is that of yours?"—I said "Well, if that is the only answer you can give me I shall certainly take means to ascertain," and at once passed through my private office and brought in the foreman with me from the yard, but as we entered the outer office we both saw the prisoner was leaving with the parcel in his possession, and he ran up Angel Street as fast as he could away from the office—I sent the foreman after him, and some few minutes afterwards they returned together—after the prisoner came back I found Whiffen's parcel had been tampered with—I afterwards saw this parcel in the possession of Hollis, the officer, which contained two pairs of trousers.
Cross-examined. When a parcel is delivered it is placed back behind the barrier—it is the prisoner's duty to receive the parcels and put them in a place of safety—Mr. Whiffen's parcel, when we re-examined it, contained a pair of trousers, a coat, and waistcoat—it was fastened very loosely under—it had evidently been untied and tied up again.
and a waist coat, and directed it to Mr. Wood—the value of the trousers that I saw afterwards was 26s.—this is the parcel I sent to the office—these two pairs of trousers formed part of the articles that were in the parcel.
Cross-examined. I know the stuff, and the buttons and the measures—the buttons have our name on.
MR. LEWIS here stated that he could not mitt the evidence.
GUILTY — Nine Months' Imprisonment.
MR. HOLLINGS conducted the Prosecution; and MR. MOKTAGU WILLIAMS the Defence.
ARTHUR PEARCE . My father keeps the Three Spies, in Great Windmill Street—about the 2nd of April I was serving behind the bar, and whilst serving I saw the prisoner—he asked me how the ales were—I said they were pretty fair—he then said "I want to speak to you"—I was sitting down behind the bar—there was no one else in the bar, nor anyone else there but the prisoner—I went round to him, and he caught hold of me by the throat and snatched the watch out of my pocket, and broke half the chain, and ran off with it out of the door—I attempted to follow him—I got to the partition door and tried to stop him, but could not—another man stopped me, and said he would break my blasted nose if I followed him—the prisoner is the man that took my watch—I had known him before—he lodged at my father's house—he hurt my throat—I had a swelling of the throat, and spat blood—that was caused by the injury—I next saw him on the 16th May, in custody—I knew him at once.
Cross-examined. I can't say the date this was—it was the day the Queen went through Victoria Park—it was between 12 and I in the day time—we generally have a good many customers about 1 o'clock, but we were very slack that day, it seemed as if all the persons had gone to see the Queen—there was no one else in the house—my father was ill in bed at his private house—my mother saw me spitting blood—she was out at the time—I did not go outside the house—I did not make any complaint to the police—the prisoner was not taken till the 16th of May—my father has kept the Three Spies twelve months—before that he kept the City Scotch Stores, Godliman Street, Doctor's Commons—we did live at 50, Hunter Street, Brunswick Square—that was a private house—I don't know that they took in lodgers—I was away at school at the time—that is about eighteen months or two years ago—I don't know a Mrs. Worthington living there—I did not at any time give the prisoner my watch to get mended—I am quite sure of that—my mother is here, not my father, he was here yesterday—I should know the watch if I saw it again—that is it—(produced by pawnbroker)—I say that this watch was taken from me on the 2nd of April, between 12 and I—I never gave it to the prisoner to be mended—I have looked at it carefully—I am quite sure it is my watch.
COURT. Q. How was it you did not give any information to the police? A. I don't know—my father was ill in bed—that was my reason—he had met with an accident—I had to assist in the bar in the day time—my mother sometimes used to come about 10. 30, sometimes about 12, and sometimes not till the afternoon, and stayed as long as she could—I told her about it when she came home and found me on the sofa.
there since Christmas—I remember the day the Queen went to Victoria Park—I was not at home between 1 and 2 that day—I had been out since about 11, and I came in about 2 and saw Arthur Pearce sitting on the sofa, crying and spitting blood—I asked him what was the matter—I know the prisoner—I had seen him once before, on the Saturday night before he took the watch on the Wednesday—he was in the Three Spies—I was sitting on a chair, and he was talking to my brother—he said "Feel my arm, it is like iron"—my brother felt it, and he swung his arm rouud for the purpose and knocked me in the stomach, and knocked me on the floor, so I had reason to know him—I saw him next on the 16th of May, going into a barber's shop in Richmond Street—he came out and went into the club-house—I stayed outside—he came out and asked me in, and asked how Arthur was getting on—I told him that I had left Arthur for six weeks—he said "Have you?"—I said "Yes"—he said "What will you have to drink?"—I said "I don't mind"—he said "Give him a glass of something"—the woman said "I won't serve a child like that"—we came outside, and I said "Will you give me some of the money you owe me?"—he said "Here is 6d., and I will give you the rest another time"—I had lent him a shilling—I said "Will you give me Arthur's watch?"—he said "I sent it, about two minutes ago, round to Arthur"—I said "You have not, I have not left there two minutes"—I followed him down Rupert Street, and I said "Will you come back to Arthur, if you have sent the watch round?"—he said "No, I won't"—he then walked down the Haymarket, and he stopped at the bottom and had his boots cleaned, and he said "I can get you a place at Greenwich"—I said "Thank you"—he said I should get 10s. a week and my food and plenty of makings—I did not see a policeman till I got to Trafalgar Square, and just before we got there he said "What is the watch to do with you?"—I said "Everything—he said "If it has everything to do with you, you go your way and I will go mine"—I said "When I have the watch"—he said "If I once begin on you I won't leave a bit of flesh on your bones"—with that I saw a policeman opposite, and gave him into custody for robbing Arthur of his watch against his will.
Cross-examined. I don't know the name of the club that I followed him to—it is at the corner of Rupert Street and Richmond Street—I don't know that it is a working man's club—I know it was a club, because when he called me in the woman said "I certainly shall not serve him; this club is not for boys"—that was how I knew it was a club—I had never been there before, or since—I have never been there to ask for the prisoner—I never went there on any occasion—I did not state in the presence of Baker, the doorkeeper there, that I would give the prisoner into custody for keeping a watch that he had to repair, nor did the porter say "I don't think he is the man to do such a thing"—I did not say in reply that I was determined he should return the watch if I called every morning till I gave him into custody—I never went there—the prisoner did not owe me 18d.—I lent him a shilling on the Saturday night, before he hit me in the stomach, and he promised me 18d. for it—he said he would return it to me on the Monday night, and I never saw him since till the 16th May—he then gave me 6d. as part of the 18d., and promised the rest when he could afford it—I have not left the Three Spies—I told him that to get the truth out of him; it was a lie—I told him so to get out whether he had sent the watch round or no—I knew what he was, and he would have hit me the same as he did
on the Saturday night—I am living at the Three Spies now—on the morning of the 2nd April I was at Sidney Street, Brompton—I went down there with a friend to wheel a barrow with him—he had some goods to take home—his name is Jemmy Tozer—I had that day off, for a holiday, and if I had liked I could have gone to Victoria Park, but I returned about 2 o'clock and served there all the rest of the day—I don't often get a holiday—I preferred remaining at work—(Baker called in)—I never saw that man at the working man's club—I saw no man, it was a woman I saw—I have never seen that man before—I positively swear that—I have not been at the club over and over again and seen that man and asked after the prisoner—I never saw him at all.
THOMAS HARRIS (Policeman A 215). The prisoner was given into my custody on the 16th of May by Foot—I charged him with garotting and feloniously taking a watch from Arthur Pearce, at the Three Spies, Great Windmill Street—the prisoner at first said he knew nothing of the watch, and then he told me that the watch was given to him to take to repair, as through him it could be done much cheaper.
Cross-examined. I am not on the beat where this public-house is.
MR. M. WILLIAMS called the following Witnesses for the Defence.
EZRA GENTRY . I am assistant to Mrs. Barbara Wells, a pawnbroker, of 52, Broad Street, Bloomsbury—I have produced this watch; it was pawned at our shop on 18th March—I, have the ticket here to prove it, and the book also—it was redeemed on 24th May—it was in our shop from 18th March till then—it never went out of the shop, never came out of the drawer—this is the day-book, in which we enter all pledges under 10s.—this entry was made during the day—it must be entered within four hours; there is no other book kept—this entry is not in my writing—without the entry I pledge my oath that this watch was in our possession from 18th March to 24th May.
COURT. Q. Did you write these tickets? A. No; I did not receive the watch in pawn, it was received at our place, but the young man who received it has left—the tickets are in the second's handwriting, James Cletworthy, the entry in the book is in the writing of Walter Robins, who has left—Cletworthy is at the shop now (he was sent for)—he would be the person who took in the pledge; at least, I don't know who may have taken it in, he might write the tickets while I or the governor took it in; we all write tickets—the watch was redeemed by the prisoner's father on 24th May, and re-pledged—I have the ticket here which I gave him, they are also in Cletworthy's writing—we always put the number of a watch when it is pawned, either the number, or the maker's name, generally speaking, unless it is an omission, sometimes we might omit it—in some watches the number is worn out almost in these Geneva watches; if there is a number on the watch we always put it, or the name—some of these Geneva watches have no name.
WILLIAM BAKER . I am doorkeeper at the Working Men's Club, Rupert Street, Piccadilly—the prisoner is a member of that club—I know Horace Foot only by his repeatedly calling round there and asking for the prisoner—I should think he has called a dozen or fifteen times before 16th May, asking for Mason—quite that, and sometimes twice of an evening—he called so many times, that he would hardly credit that the prisoner was there at all—he never found him there, he was gone—he did not credit my statement
—he said "I believe he if here"—I said he was not—on one occasion he said that Mason had got a watch to be repaired, and he had not done it, that he had stuck to it—I smiled, and said "Nonsense, Mason is not a man to do such a thing as that"—he said he should come round there every evening till he had seen him, and the first time he saw him he should lock him up—he generally used to come between 10 and 11 o'clock—this is a club used by the working classes—there is a library—it is managed by a committee, and they have French classes and a reading room, and so forth—in the month of March I saw the prisoner wearing a watch—I should know the watch again; he showed it me on several occasions—it was a watch like this—there was a thick steel Albert chain to it.
Cross-examined. I have been doorkeeper there about six months—I started there about Christmas time—this is the watch—I can't say how long the prisoner has been a member of the club, he has been a member the whole time I have been there—when the boy said he had stuck to the watch, I said he would not do such a thing—my reason for saying so was, that since I have known anything of him he has always acted straightforward and honest; he has borrowed money of me, and he has always paid me honestly—I don't know his previous history—I have not associated with him more than I did with any other member of the club—I suppose I have drank with him along with several others—I was billiard marker, and they gave me orders, and they have said "Will you have a drink?"that is all—I had reason to believe the prisoner was an honest man—I did not know that he had been convicted at Brighton—I never heard of it—I don't know where he has been employed; there are 300 members, and I should have enough to do if I had to inquire into the employment of the different members—I have seen him wearing this watch, he showed it to me and other members of the club up stairs—I don't know his motive for showing it; I saw the Albert chain also, it had very strong steel links, strong enough for a horse curb chain—I don't know who suggested my coming here, some gentleman called to make inquiries, and a constable came—some gentleman asked me to come here—I don't know who he was, it was a a gentleman with grey hair—he did not promise me anything, or give me anything.
COURT. Q. You only knew the prisoner as a member of the club? A. That is all, I don't know what his occupation was or what he did for a living.
THOMAS HARRIS (Re-examined). The steel chain is not here; the inspector told me last night that he would put it in the parcel for me to produce, and he has not done so—it was a steel Albert chain, I can't say much about it—I only saw it a little time, whether it was a part or a whole I don't know.
JAMES CLETWORTHY . I am an assistant to Mrs. Barbara Wells, a pawnbroker of 52, Broad Street, Bloomsbury—these tickets are in my handwriting—they relate to a watch pledged on 18th March—I wrote those on that day, when the watch was pledged.
COURT. Q. Did you copy the ticket from an entry in a book? A. When I took the watch in, I wrote out the ticket and paid the party the money—I believe I entered it in this book—we do not always do it—we keep a boy to write in the book, but sometimes we write it ourselves, if we have time, if the shop is empty; if not the boy writes it—this entry in the book on 18th March is my writing—it is "3043, John Mason, 4, James Street, M—watch (meaning metal watch), 25989, "that is the number of the watch,—I
made that entry the same day, and about two hours after the pledging, I made it from this ticket—we keep one ticket and give the customer the other.
Cross-examined. The watch was pledged by a man—I could not say who it was—I asked his name and address and he said "John Mason, 4, James Street"—I never recollect seeing him before—I asked if it was his own, and he said it was—the watch was then done up and put away in a drawer till 24th May, when an elderly gentleman came to look at it—Mr. Mason, I believe—he wished for the ticket, but I told him we were not allowed to give it, but he had a new ticket—he said he did not wish me to part with the watch till we heard from him again—I gave him a receipt for it.
COURT. Q. Do you often take watches in pledge? A. I am always taking them—I put the numbers down—some of the entries of watches in this book have no number—there is nothing to satisfy me that this entry is connected with this watch, except the number—we always enter the number or the maker's name—Geneva watches seldom have a name, and the number is often worn out—here is one entry of a watch without a number, on the same day, in the name of Jones—I took in three that day—only one has got the number—the day before there was only one, that has a number—most of the pledges are of wearing apparel, it is a very poor neighbourhood—this watch was pawned for 3s., it would be worth about 17s. 6d. new—I will swear that the number was written at the same time as the other part of the entry, and also the number on the ticket—I wrote it at the same time, and with the same ink—I could not say that I used blotting-paper—we do not generally use blotting-paper—at least I don't recollect it—I have no recollection of the man who pledged the watch, or of seeing him before or afterwards—I don't know whether he gave a true or false name and address—I think I was first asked about this transaction on 24th May—I had then no recollection except what was stated by this entry and these tickets—Mr. Mason, the prisoner's father, came to me and asked to look at the watch; I said he could if he paid the interest on it—he said he did not want to part with the old ticket—he told me his son had got into a bother about a watch, and he handed me the ticket, and I went and found the watch in the drawer—according to our rules he would have to re-pledge it, and I wrote out a new ticket.
WILLIAM MASON , I am the prisoner's father—in consequence of information I received, I went to this pawnbroker's shop—I produced a ticket, and asked to see a watch, and this watch was produced to me—I requested them not to part with it until they heard from me, and I left a written paper to that effect—this is the ticket that was given to me—I know that my son was charged and convicted at Brighton—it was for giving a cheque at a bank where he had no assets, through a mistake on his part; with that exception no charge of dishonesty has been brought against him, to my knowledge, that was four or five years ago.
Cross-examined. My son has been living at Richmond—I live at Glenmore Villa, Spring Grove, Isle worth—I am an independent man, I am a pensioner on the Crown, I have been fifty-one years attached—my son has been living with me occasionally, and occasionally not—he is a little wild, I confess, but no crime, he has been in many situations—his last employment was at the Star and Garter—he follows the employment of a waiter, being rather, as young gentlemen sometimes are, not so steady now and then, and there may have been a little quarrel between us, and he has been compelled to
take a little money, and has gone from me—he has been employed at St. James's Hall—he has been a waiter for three or four years—I never followed his footsteps—I don't know of his going to the Great Northern Hotel—sometimes I have not seen him for two months—I don't know why he has left his situations.
COURT. Q. Your name is William? A. Yes; and my son's name is Henry—I have a brother John, a veterinary surgeon—he does not live at 4, James Street—I have sometimes pawned things, not in my own name—I know nothing of a John Mason, of 4, James Street—the watch was produced to me by the pawnbroker—I should say this is the same watchparticularly from its decoration at the back—I never opened it—I think it is a general thing that persons do not pledge in their own name.
HANNAH WHITLOCK . I live at 2, Stafford Mews, Richmond—on 29th March the prisoner came to lodge at my house and remained till 15th May—I remember seeing him on 2nd April—he was at home till 11 o'clock in the morning—he then went out and returned before 2 o'clock—he did not dine with me—I know it was the 2nd April, because I had a payment to make that day for furniture, and I well recollect it—it was on a Wednesday.
COURT. Q. Does anybody else live with you? A. I am by myself—I have no family—he was the only person in the house besides myself at that time—I can't recollect when I was first asked about this—his father came to me about it—he said the watch was stolen on 2nd April, and asked if I recollected where his son was that day—he asked what time he left me, and what time he returned—he did not tell me at what time the watch was supposed to be stolen—I told him what I have stated now, and the Solicitor afterwards sent me a letter to come here.
WALTER WARRINGTON . I was a waiter at St. James's Hall—the prisoner was engaged as a waiter while I was there, between three and four months—I have known him about nine months—during that time I knew nothing wrong of him, merely a trifle, such as borrowing a few shillings, which he never returned, because he had not the money to do so.
Cross-examined. He left because he answered the manager rather abruptly when he was told to do something, and he was told to leave on the Saturday—I came here seeing in the papers that he had been committed for trial—I was not asked to come, I volunteered to come.
NOT GUILTY .
NEW COURT.—Tuesday, June 10th, 1873.
Before Robert Malcolm Kerr, Esq.
392. THOMAS MARSH (22) , to breaking and entering the shop of Benjamin Williams, and stealing therein a quantity of postage and receipt stamps and other articles, his property— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
393. WILLIAM WATSON** (32) , to burglariously breaking and entering the dwelling-house of Charles Goodman, and stealing therein five silver pencil cases and other articles, his property— Five Years' Penal Servtude. [Pleaded guilty: See original trial image.]
395. EDWARD CLARKE (18), and GEORGE CLARKE (17), to breaking and entering the warehouse of Ebenezer Ward, and stealing therein thirteen purses and other articles, his property. EDWARD CLARKE— Fifteen Months' Imprisonment. GEORGE CLARKE— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
396. WALTER GREGORY (29) , Stealing, on 7th March, 610 skins; on 15th March 610 skins, and on 23rd March 610 skins, of George McRae and another, his masters; and ELIZABETH DUNN (37) , Feloniously receiving the same; to which GREGORY PLEADED GUILTY .
MR. COLLINS conducted the Prosecution; and MR. WEATHERFIELD defended Dunn. WALTER GREGORY (the Prisoner), I was in the employ of McRae and Co. for seven or eight years, in the warehouse, at 24s. a week—I have pleaded guilty to stealing a very large quantity of skins from my masters—I know the prisoner Dunn—I became acquainted with her by her coming to the warehouse and asking if I had any pieces—I said "No"—she then asked if I had any broken skins—I said "No"—she afterwards said "If you can let me have some skins you can have the money"—I said "I cannot"—she said "It will be all right"—she kept coming to the warehouse, and asked me several times—I at last stole some kips of leather and let her have them—she agreed to pay me half the price that Messrs. McRae Sold them at—on the 7th, 15th and 23rd March I took ten or twelve kins of chamois leather to the receiving office, and gave it to Mr. Charles Bartlett—some skins are worth 1s. 8d., some 1s. 6d.—I sent the prisoner about twenty parcels of leather in 1872, value about 100l., for which she was to pay me half the value, but I have not received half of what she promised to pay me yet—I stole goods from my masters to the amount of 600l., and supplied them to the prisoner, but I have not received the price of 100l. worth—I went on supplying her till I was taken in custody—on the very day I was taken, another large parcel was sent—I told her I could not go on any longer, as my conscience pricked me.
Cross-examined. I was not foreman, but I have been—I did not tell her I that I was the foreman when she came—I swear I never offered to make her up a little parcel and send it down; she persuaded me to send her a parcel by the carrier-1 made out one invoice myself, but only one, that was the first and the last—that was not for the first lot of things—she only asked me for an invoice of one lot—I have had 100l. from her, but I expected a great deal more than that, and there is more than 150l. owing now—I told her I wanted the money to pay my master, as my conscience pricked me.
Re-examined. She said "Send me another lot, and I will send you all the money I can to pay your master with."
CHARLES BARTLETT . In 1871, I was living at St. Mary Axe, and was agent for the Parcels Delivery Company—I know Gregory, he has been in the habit of bringing parcels there—he brought about forty in 1872, all directed to Mrs. Dunn, and weighing about 1 cwt. each—one of them was cracked at the bottom, and the children were playing with it, and pulled a piece of leather through—on March 7th, 15th, and 23rd, Gregory left parcels directed to Mrs. Dunn, and, by the charge for them in the book (produced), they would weigh about 1 cwt. each—in the ordinary course of business they would be collected at the head office, and from thence they would go to Mrs. Dunn.
Cross-examined. That is the usual way of sending leather—I have received other parcels in that way.
WILLIAM NETTING . I am in the employ of the London Parcels Delivery Company—I collect parcels, and take them to the chief office—by my book there was a parcel fox Mrs. Dunn on 7th or 9th March, I cannot
Bethnal Green; it weighed about 1 cwt.—on the 15th I had a parcel about the same size for Mrs. Dunn, and another on the 23rd.
Cross-examined. This is in our clerk's writing—he is not here.
Re-examined. I delivered the parcels to Mrs. Dunn—she said, on the first occasion, that she could not write, and I signed her name for her—I did not ask her each time, but these are my signatures for each parcel—I took one parcel a week—it is a private house—I sometimes left them in the front room and sometimes in the back.
GEORGE MC RAE . I am in partnership with my brother James, at 19, Bury Street, St. Mary Axe—Gregory was in our employ eight or nine years—he could steal leather if he chose—I had suspicions about leather being stolen, and took stock—we are about 600l. or 700l. deficient since last June.
Cross-examined. Gregory was never our foreman, nor our head man—our managing man has lately died—I have never heard of foremen selling goods, on account of their masters, at a reduced rate—we sell damaged leather for what it is worth—we never sell unsorted kips—we have another man and a boy.
DUNN received a good character.
GUILTY — Five Years' Penal Servitude.
The Prosecutors recommended GREGORY strongly to mercy, believing him to have been led into it by Dunn. He also PLEADED GUILTY to two other similar indictments— Two Years' Imprisonment.
397. GEORGE DEBORALL (26) , Feloniously marrying Lavinia Knight, his wife Martha being alive.—MR. M. WILLIAMS, for the prisoner; stated that he would withdraw his plea of not guilty, and the prisoner having in the hearing of the Jury stated that he was guilty, they found a verdict of GUILTY .— One Month's Imprisonment
MR. DB MICHELE conducted the Prosecution; and MR. C. MATTHEWS the Defence. JACOB RUBENSTEIN. I am a tailor, of 24, Newnham Street, Whitechapel—on Saturday, 24th May, I saw five men in the High Street—the prisoner was one of them—he called me a b----y Jew, and they pushed me into a public-house and robbed me of my watch and chain—I got a blow on my eye, and I have two marks on my legs—I could not go out for a fortnight, because I could not walk—I ran into the public-house to save myself, and was pushed out again—they all ran away—a constable caught the prisoner.
ROBERT POPE (Policeman H 123). I saw the prisoner and four others striking the prosecutor—I heard him cry out "Stop thief!"—he was hit several times, and I saw the prisoner strike him on the right side of his head—he was smothered with blood, and fainted from the loss of it—I took the prisoner in custody—he struggled a good deal—my chain was hanging in front so that everybody could see it.
HENRY HARRIS . I am a cigar maker, of 9, Calvin Street, Mile End—I saw the prisoner and four men attacking Rubenstein—I saw the prisouer kick him and strike him a blow in the eye—one of the prisoner's friends hit the prosecutor across his back with a stick and he fell.
GUILTY of a common assault .— Twelve Months' Imprisonment.
399. WILLIAM BURRELL (22), and THOMAS PAINE (21) , Burglariously breaking and entering the dwelling-house of William Day, and stealing therein two petticoats, one blanket, and other articles, his property.
WILLIAM DAY . I am a cabinet-maker, of 24, Whitfield Street—on 24th May I was going up to bed late—I sent the servant girl up stairs, but she could not get in—I went up and found the door fastened—one of the prisoners was holding it—I pushed it open and found one of them lying across the doorway—I asked him what he was doing there—he said that he had made a mistake, he had got his Missus there—I had shut the street door, a quarter of an hour before—I keep it locked—I made the prisoners remain where they were till a constable came—I found the drawers empty, and the things laid in a sheet, ready to be taken away.
Burrell. I was drunk and did not know where I was. Witness. I cannot say whether you were drunk or sober—you could not have been asleep, for I was in the room ten minutes before.
Paine. We should not have laid down there if we had not been drunk.
PHILIP HEPHER (Policeman E 99). I was called to 24, Whitfield Street, and saw the prisoners—I found a key on them which fits the door—I saw a sheet in the bed room with several articles of children's clothing lying on it.
Burrell. Have you been to my landlady to ask if that is the key of my street door? A. Yes, and she says that it is—you were sober.
Paine. Q. Was I sober or drunk? A. You had been drinking, but you were sober enough to know what you were doing.
JURY. Q. Did they live at the address they gave? A. Yes, it is not in the same street.
GUILTY .— Twelve Months' Imprisonment each.
MR. GRAIN conducted the Prosecution; and MR. SIMS the Defence.
WILLIAM BALDWIN (Oily Policeman 757). On the 15th May, about 4.30, I was on duty at Fenchurch Street Station, and saw the prisoner leaning against some iron railings in front of the fire-place—a lady came out of the ladies' waiting-room and went towards the Tilbury Booking Office, which was not open, and she stopped—as soon as the booking office was open he went to her side and then left and went towards the back, putting his hand into his right hand pocket, and passed into the lavatory—I went to meet him the other way, and found him with the purse in his left hand and the money in his right—I seized him—he said "What are you doing?"—I said "I think I want this"—he said "You have made a mistake, it is my money"—I took him back to the waiting-room and sent for the lady, who came and said that she had lost her purse—I said "What does it contain?"—she said about 17s."—I said "Is this yours?"—she said "If it is, there is-a piece of pencil and a button of a dress in it," and so there was—the prisoner then said that he picked it up.
Cross-examined. I cannot say whether he saw me watching him, he might have—I had also seen him there on the Saturday—the barrier was on the lady's left, and he was between her and the ticket office—I did not see him put his hand in her pocket.
Re-examined. There were several people about, and he may not haveseen me—I was some little distance from him.
LUCY LOTT . I live at 3, Pilgrim-street, Kennington Lane—on the 15th May I was at Fenchurch Street Station—I took sixpence out of my purse to take a ticket, and put my purse back again—I then put my hand down, and missed it instantly—I said "Oh, my God, my purse is gone"—I turned to look, and saw the prisoner in the policeman's hands—I told the policeman that my purse contained about 17s., a button off my dress, an almanack, and a piece of pencil—the edges of the almanack were cut to make it fit the purse—this (produced) is my purse and this is the almanack.
Cross-examined. The booking office was not open when I went up—I took sixpence from my purse and put it into my mouth—I knew the fare because I had been down so many times—I put my purse into my outside pocket, intending to change it afterwards to my underneath pocket—I never felt any one touch my pocket.
MESSRS. POLAND and COLLINS conducted the Prosecution.
SARAH STEBBING . I am the wife of John Stebbing, a dock labourer—Sarah Stebbing, the prisoner's late wife, was my daughter—her age was 32—she had been married eleven years, and had had six children—she was always wonderfully well before this—on Saturday night, the 22nd March, the prisoner's mother came to me about 12.30, and said that my daughter was dying—I went to Alma-road, where my daughter lived—she made a complaint to me—I examined her private parts, and found them black and blue—there was a cut behind, from which blood was flowing, and a swelling bigger than a child's head—I heard the prisoner come in—he said "You b----old bitch, you have fetched her mother"—I said "You vagabond, you have killed my child, go and fetch a doctor"—he said to me, "Mother, you will break your heart, don't cry; you will be ill; you will be laid up on a bed of sickness"—he went out for a doctor, and I fomented and poulticed my daughter—the prisoner came in at about 3 o'clock in the morning, and said to my daughter "You b----old bitch, I shall make you remember answering me"—next day, Sunday, in the afternoon, I took her to the London Hospital—I saw the prisoner next day, and said "Jack, did you ever know any harm of my daughter?"—he said "No, mother; I did not"—on the 9th April I took my daughter to the Police Court to give evidence, and she was afterwards confined—she died in the hospital on the 6th April.
Prisoner. Q. Did my wife make any statement? A. She said that you pushed her out of the room and told her to go to her b----y mother.
SARAH ABBOTT . I am the wife of Stephen Abbott, of 7, Alma Road—the prisoner and his wife lived in the same house up stairs—they had four rooms and let one—about 11. 50 that night, when I came in, Mrs. Preston was lying on the landing, she called me up to her, she was groaning—I asked her what was the matter, and she made a statement—she appeared in great pain—I took her into her own room and put her on the sofa—the prisoner was in the room—I sent for his mother first—I did not look at her, but she told me to feel, and I felt a lump on her private parts as large as a teacup.
SARAH MARTHA MITCHELL . I live at 32, St. Peter Street, and am a qualified midwife—on 23rd March the prisoner came and said that his wife was in labour—I was very ill and referred him to Mrs. Elam—on the same day, between 2 and 3 o'clock, I went to the house where his wife was and visited her—I asked her how she was and when she was confined—she said that she was not confined, but Jack had kicked her—the prisoner made no reply—I told him to go out of the room—I then examined her and found she was in a very dangerous condition—I afterwards fetched the prisoner up and asked him how he came to commit such a fearful act on his wife, that she would die, and he would be tried for manslaughter—he made no reply—I had attended her in her confinements—she always had good confinements—I was to have attended her on this occasion.
JOSEPH EDWARD MASSINOHAM . I am a surgeon, of 55, Green Street—on Sunday, 23rd March, the prisoner came to me, and I went to Alma Road between 6 and 7 o'clock in the evening and examined his wife—I found a great swelling on the right labia and a lacerated wound about four inches long—it was a dangerous injury in her condition—I could see she was in the family way—a violent kick would cause what I saw—I sent her to the hospital in a cab.
Prisoner. She had a great fright a fortnight before, when a boy threw a pot full of colour over one of the children. Witness. I did not hear of it—that would not cause this injury.
ROBERT WITHERS . I am resident accoucheur at the London Hospital—on 20th April the deceased was transferred from another part of the hospital to my care—she was confined on 2nd May and died of puerperal fever on the 6th—that might have arisen from accidental causes—the child is alive.
HENRY HOWGILL (Policeman N.) On 24th March the prisoner was given into my custody—I told him it was for assaulting his wife by kicking her on the lower part of her body—he said "Well I might have kicked her but I don't think I did, she fell in the passage and I fell ever her"—on 9th April she was examined at the Police Court and the prisoner asked her questions.
The Deposition of Sarah Preston was here read as follows: "I am the wife of the prisoner. Last Saturday fortnight I was at home, and he came in about 11.30; he blew me up and we had a few words; he hit me many blows all over my body, and I took the broom to him; he took it from me and as I was stooping—he gave me a kick in the belly and I could not get up. Witness got me indoors and prisoner went out I have been in hospital till to-day, unable to go out. I was taken there on the Sunday night after. I am in the family way. The injury was caused by his kick.
Cross-examined by the Prisoner. I did not fall down stairs. After he had struck me with his fist, I hit him with the broom, and after that he kicked me from behind.
The Prisoner called ALICE DAVEY. I am the wife of William Davey, and live in the same house as the prisoner—I heard the quarrel and helped Mrs. Abbot to take Mrs. Preston into her room—I did not examine her at all—the prisoner offered her a glass of brandy—I remained with her till 4 o'clock a. m.
Cross-examined by MR. POLAND. He came in about 11. 40 and about ten minutes afterwards I ascertained that she was injured—I have lived there four months, and they have been there all the time—I did not see a broom
used—according to what I could hear the quarrel was about his supper not being prepared.
Prisoner's Defence. My wife came home and I asked her where she had been to; she said "Ax my b----* *" I said "I suppose you have been with that dirty w----, Mrs. Green?" She said "Yes, I have been with that dirty w----." I threw a beer can at her, and some of the beer went down the children's necks. I said "If you are going to try on that little game I will go out," and I did so. She kicked the panel of the door clean through, I picked one child up to kiss it, and my wife slipped down five stairs into a little nook, I passed her there and she said "Will you go, you b----s----, I will come out and show you up." I said "I will go up stairs with you," and she went up and sat down. I took up one of the children and wiped the beer out of its neck. She then hit me three times over the face with a broom, and said "You shan't be my b----y master." I pulled it out of her hand, and she fell on the landing; I thought she had gone into the back room; I rushed out after her and fell over her as there was no light, and must have kicked her in that way. I did not get up at first because I was stunned. She called Mrs. Abbott, who came up, and said to her "My husband has kicked me. "Mrs. Davis came and said "Have you got any brandy in the house?" I said "Yes, a quartern." I poured out a glass of brandy, and my wife said "I don't want your b----s----brandy." We all three had dinner together at 2 o'clock, and then Mrs. Mitchell told me to fetch a doctor, but my wife motioned for Mrs. Mitchell to go, and as soon as she had gone, my wife said "Jack, help me out of bed" I did so, and helped her in again. We kissed each other, and she said "Don't fret, my dear, it is more my fault than yours, if I had not drank so much rum last night it would not have occurred."
COURT to MRS. DAVIS. YOU say in your deposition, she said "Keep your s----brandy "and threw it into the grate; is that true? A. Yes.
COURT to ROBERT WITHERS. Have you known the prisoner? A. Several years—he has always been a very civil obliging man; I never saw him intoxicated.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
THOMAS WAISTELL . I am a carpenter, of 1, Hope Street, Hackney Road—on 30th April, about 9 o'clock, I left my pony and cart outside a house in Nichols Square, and went in—I heard it leave the door and went out and ran after it; I saw the prisoner jump out of the cart; I followed him—he was stopped by a man—I came up and he ran away again—I followed him; he dodged under my arm and joined some companions, who tripped me up as soon as I took hold of him—my father came up and he was tripped up by the same parties—a sweep overtook him and held him—I gave him in custody—he said it was a lark, but he had taken the nose bag off the horse, and put the bit on—the value of the whole was 25l., I should think.
JOHN FISHER . I am a sweep—I saw the horse and cart just turning the street, the prisoner jumped out and I jumped after him and caught him in Well Street, gave him into Waistell's hands, and he was given in custody.
Prisoner. Q. Was not I the worse for liquor? A. Not that I know of. Two other chaps said that it was done for a lark.
father holding the prisoner, who was given into my custody—he said that it was impossible for him to do such a thing as take a horse and cart away—I cannot say that he was any the worse for drink, but he pretended to be.
Prisoner's Defence. I was never in the cart at all, I was standing against a post, and a man caught hold of me and swung me round—I did not know what was the matter, and some chap said it was done for a lark.
GUILTY .—He was further charged with having been convicted at Clerkewwell, in December 1870, in the name of William Newman, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, June 11th, 1873.
Before Mr. Baron Pigott.
403. JOHN WALKER (20), REUBEN TAMBLYN (32), and WILLIAM HENRY PYLE (25), were indicted for unlawfully conspiring, by molesting one Henry Charles Coffin, a workman, to force him from his employment. Other Counts,—charging a conspiracy to assault him.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution; MR. SERJANT BALLANTINE defended Tamblin and Pylc, and MR. WARNER SLEIGH defended Walker.
HENRY CHARLES COFFIN . I am a joiner by trade, and live at 78, Richmood Road—I am 25 years of age, and am married—in June or July last year there was a strike in the building trade in London—at that time I was in the employ of Messrs. Alden, builders, at West Brompton—I had been three years and a half in their employ—the hands there were locked out, union men as well as non-union—I was locked out amongst the rest—I was out of work a month or two—I then went and obtained employment at Jackson and Shaw's, in Page Street, Westminster—I remained there a month and more—at the end of that time, in consequence of something that had taken place, I left—I remained out of employ a week or so—I then went into the employ of Messrs. Weeks, the horticultural builders, in King's Road, Chelsea—their men had had nothing to do with the strike—I remained there about six months—in March, this year, I made up my mind to go back to Jackson and Shaw's—on the 20th I went and made inquiries, and on the 21st I went to work there at 7 o'clock in the morning—Mr. Young is the foreman, I was taken by him into the back shop, and set to work at a bench—there are two men at each bench; I believe a man named Nix was my partner at the bench, but I could not say—there were twenty or thirty other men at work in the shop—I set to work at my bench at oak work—Tamblyn and Pyle were two of the men at work there, at the same bench—there were also two men named Moulton and Camp; they were not at the same bench—I continued working till 8 o'clock, breakfast time—nothing particular had happened to me up to that time—I returned from breakfast at 8.30—as I came back into the shop I observed the men looking at me, and saying "That is the man"—I did not make any observation upon that, I went to my bench and began to work again—after I had been a little while at work they began "Baa! Baa!" all over the shop—I asked the man who was working with me some question—I did not know what it meant at the time, I know now; it means what is called "a black sheep"—after this "baa-ing," some lumps of wood were thrown at me, ever so many struck me and hurt me—some were as large as my fist, and some smaller—after that Moulton came up to my bench and took a mallet off it; he also
took my bat, which was lying underneath the bench, and passed it away—I saw it in the hands of both Tamblyn and Pyle, and then I never saw it I again—Tamblyn and Pyle were the busiest of all the lot, they had more to say than any, "baa-ing" and throwing the lumps of wood—some papers were passed about with me drawed upon them, a sort of likeness of me—Tamblyn wrote two of them; this is a part of one—(This was a rough sketch of a man, I underneath which was written "I want my money, please, Mr. Jackson, they have made me a black")—I asked Tamblyn for my hat and things, and he said he would knock my b----head off if I did not get out of his bench's way—I said I wanted my hat and umbrella—he said he knew nothing about it—I said I saw him with it—before that he was "baa-ing" and swearing at me—he said he would make me go; if I did not go out of the shop and leave my work, he would make it too hot for me—Tamblyn, with others, said so—Pyle was going to fight me; he said I was no b----man if I did not go—he came to the side of the bench where I was when I was asking for my things; he said he would make me go, he would knock my head off, and was no man if I did not go—this kept on till I went away at 4.30; most of it took place after dinner—sawdust was also thrown at me, tied up in pieces of apron and paper, and old hats; they tried to blind me—I missed some tools, but they were brought back again; they said I should lose my tools if I did not go—I could not say which of them said that—we all find our own took—a man named Camp was working at the next bench to me—about 3 o'clock he asked me to go down to the mill and help him fetch up some work—I went down stairs with him—he took me into a water closet; he went straight in and asked me to follow him—I did not know where I was going to—it is a place about 10 or 12 feet long, and there is a passage running up to it—in the closet there is a long trench and two bars or rails, one as a seat and one for the back—when I got in there were fourteen or fifteen men there—I could not say that Tamblyn or Pyle were there—Walker was there and Moulton, and others came in afterwards, I should say fourteen or fifteen more—some stood behind the door, whilst the others threw me about against the wall, backwards and forwards—they tried to throw me in this place, but they were too think on the rail, I could not be thrown in there—Walker then got hold of my legs and held them up whilst I lay on the floor, and others were kneeling on me and knocking me about—whilst Walker was holding my legs up he struck me many times behind, at the bottom of my back—I could not say whether with his fist or open hand—the others were kneeling on me, knocking me down and trying to squeeze me to death—a man named Mack was there; I can't speak to Tamblyn and Pyle—Moulton and Camp were in the room at the time—I don't know whether they were doing this—it went on for nearly half an hour, at the end of that time some one said "The b----has had enough of it"—I don't know who was there then; they tried to kill me—I was insensible at the time—I was then let go—I was suffering pain—my coat was torn to pieces—I had not got it on at the time, I had left it in the shop; I had got a cap on, that was broken all to pieces; my hat and umbrella were gone—my shirt was torn and my braces broken—I felt pain all over—I can't say how long I remained in the closet—I ultimately went back to my work in the shop—the greatest part of the men were then back in the shop; they began again "baa-ing "and throwing the wood; they thought I would not go—both Tamblyn and Pyle called out to me, "baa-ing" again, saying they would make me go, and would make it too hot for me—I did not make them
any answer—when I went down with Camp I left my coat hanging np at the head of my bench, and when I came back it was still hanging there, but the collar had been cut off, and it was torn almost to pieces—I have I never seen my hat or umbrella since—about an hour and a half after I came up from the closet, Mr. Young came into the shop, and I made a communication to him, and showed him my coat—in consequence of what he said, I went to Tamblyn and asked him for my hat—he said he would knock my b----head off if I did not get out of his way; he knew nothing about it—shortly after that I took my things and went away—I left the service before the day was over.
Cross-examined by MR. SERJEANT BALLANTINE. The master builders are prosecuting this case—I believe it is an association of masters—they took it up a fortnight after—I believe they read the papers—I suppose they applied to me; some gentleman did; I don't know him; I had never seen him before; I have seen him once since; I don't know his name—I have seen him once or twice; I know the man by sight—previous to that I had laid an information on the Saturday, the next day after this happened—I did not say anything against Tamblyn or Pyle; I knew I should do so; I said there were ever so many that I could pick out; I did not mention any names, I did not know them; I said there were eight or nine that I could pick out—Tamblyn and Pyle were about the worst in the room; I noticed them at the time as being the worst in the shop—I could not say that they were or were not in the water-closet; I have not sworn that they were not, that I knew of—I won't swear that I have not—I did not knew Walker's name when I laid my information; I pointed him out at the works when I went there with Davis, the constable on the beat; I went first with him and afterwards with a warrant officer, on two different days—I was told by the Magistrate to pick out three or four of the worst—I first wanted the ones that were in the closet—I did not, in my information, say that the reason I did not lay information against Tamblyn and Pyle was because they were not among the worst; I will swear I did not—it was not until the person from the Masters' Association came to me that I applied for a warrant against Tamblyn and Pyle—I wanted to see how I got on with the others first—I had not made any complaint then of what had taken place up stairs in particular, no more than my clothes; I did that—it was not the gentleman from the Society that put me up to making the complaint about throwing the pieces of wood—I swear that I made a complaint to Mr. Young; I don't know whether he is here, I have not seen him—I saw Tamblyn once at the Police Court, on the examination of Walker—I said there was a man in Court that I wanted; I did not know his name; I was told I was to get his name; I afterwards got a warrant and went to the works with the officer—I did not see Tamblyn'and Pyle seated at their bench; I saw one of them, I could not say which of them—I don't recollect whether I saw them when I went with the warrant officer; I went twice with him—I said there were two there; I did not exactly point them out at the bench, but as I went through the shop I said "There are two here"—I did not speak loud; I did not let them know it; we then wanted Moulton, Camp and Knapp—I knew that the officer at that time had a warrant to apprehend two persons, names unknown, and that I was taken there for the purpose of pointing them out—I don't know that Tamblyn and Pyle were those two—I will swear they were not—Moulton and Knapp were the two; Knapp is a labourer—he was not in the shop—I believe
Moulton was; I had not got the warrant then for Tambyln and Pyle, and I wanted the others first—I intended to charge them about my clothes; I was not going to lose them for nothing—I asked the officer to take the names of Moulton, Camp and Walker; that was when we went through the shop the first time; that was before I had got a warrant—the Magistrate sent me—I did not ask him to take the names of Tamblyn and Pyle, because I could not swear that they were down in the closet—I had no idea at that time of making any charge except for what took place there—the pieces of wood they were throwing struck me in ever so many places, about the head and shoulders; I was seen by a doctor, the next day—I was hit in the mouth; I did not point that out to the doctor—I was all colours; I could not say that I pointed out anything that had been done by the pieces of wood—I saw Tamblyn write this paper, I was looking at him all the time; I swear that; it was passed from bench to bench to mine—I can't say who produced it; it was produced before the Magistrate; I don't know who produced it, I did not—I can't remember who I gave it to—the Magistrate saw it—the first time I was at Jackson and Shaw's I was discharged—every night as I went home there were Society men outside, offering me 15s. a week to leave my work and not stop there—I said I would let them know—the very night I was discharged I had my tools in my basket ready to leave when I went away, and the foreman came and said "I don't want you any more"—on my first examination I said "I was asked to come out by the Society, and I came out after I had been working about a month or five weeks"—I also said on cross-examination "I was discharged from Messrs. Jackson and Shaw's in September; I don't know that that was because I was a useless workman; the foreman gave me no reason for discharging me"—I thought I was discharged through the Society—I do not know a person named Lambell (he was called in)—I do not known that man; I might have seen him; I never talked to him as I know of—the day Tamblyn and Pyle were arrested I passed by some church near Belgrave Square, and a man came out and asked me how I got on; it may have been that man—I don't know that I said "All right; they have got two more to-day"—I did not call him "Bill;" I never knew the man—I don't know whether he asked me who the men were; I forget all about it; I think he did ask me—I don't know whether I had the names then or not—I wont swear I did not mention Tamblyn and Pyle—I don't recollect his saying "What have you got them for?" he may have said so—I don't recollect saying "I do not know, but they want them;" I might have said so—he may have said "Who are they?"—I did not reply "The lawyers and them"—I will swear I did not; I did not mention the lawyers or the masters, or any one—I did not say "They want them;" I will swear that; nothing of the kind—they were wanted for my clothes and for insulting me in the shop—he did not say "This job will cost you something; if you like I will take a hat round for you;" nothing of the kind—nor did I say I did not want it, as they were paying the expenses—he did not offer me a job, or say he would get me one—I never heard him say so; he was not speaking half a minute to me.
Cross-examined by MR. W. SLEIGH. I did not know Camp's name when I was examined at the Police Court—I had applied for a warrant for two persons, who turned out to be Camp and Moulton—I have not seen Camp since; we went to his bench and got his name—I mentioned at the Police Court about his asking me to follow him into the closet—I mentioned the man—I
did not know his name at the time—Walker held me up by both legs—I laid at the Police Court that he held me up—I meant by the legs—I asked Elm to let me go, ever so many times—he held my legs up all the time I eras down, I should say 20 minutes—I was underneath the whole lot of them—Davis was the constable to whom I pointed out Walker—I believe I mentioned to Davis about my legs being held up—I might not have said for 20 minutes—I spoke to Mr. Young and showed him my coat, and what took place in the shop—my chief cause of complaint was not what took place in the water-closet, it was in the shop as well, at the time—those in the closet were the worst in one way, but I spoke of the whole—that was the chief cause of my complaint—that was the first charge I made—I don't think I told Mr. Young that Walker, or anybody, had held me by the legs for 20 minutes—Moulton was in the closet—he was at work after that and Camp too—I have not seen him since he left—I swear that Moulton and Camp went into the closet, but I don't know that I saw them afterwards—I did not mention Moulton's name at the Police Court on 22nd April—I said Walker and Knapp were the only two could swear to—I was kicked in ever so many places, not very hard, I was knelt upon mostly, I was kicked in the mouth; I had a bad lip—that was not the only time—I was kicked and hit both—I did not tell the doctor or Mr. Young that I was kicked—I said I was knocked about, I did not say struck—I believe I have said before to-day that Walker struck me on the bottom of the back, I cannot say where; I know I have said so, and I will swear that he did—they left me insensible—I forget whether I have said that before to-day—I was not right, I had not all my senses as I ought to have had—they were kneeling on me, shoving me backwards and forwards against the wall, and scratching me, I was hit and smacked and knocked about, and crushed against the wall, and they were trying to stifle me whilst I was on the floor.
Re-examined. When I first made an application to the Police Court it was for an assult, for what took place in the water-closet—I did not say anything about my clothes then—the officer went with me that I might point out the men that were concerned in what took place in the closet, and I pointed out Walker, Moulton, and Camp—I did not tee Knapp, they found out his name—they first of all took Walker, and I gave evidence against him—I never saw Knapp or Moulton after that—I believe I saw one of the others afterwards—I have not seen Camp since he left the shop, not since he was wanted—I had no attorney at first—the case was reported in the newspapers, and after that someone came to me on behalf of the masters, and Messrs. Wontner were instructed—I then gave Mr. Wontner a full statement of what had ocoured to me, in the shop as well as in the closet, and he did what he thought proper—when I said that Tamblyn and Pyle were the worst, I meant the worst in the shop—I was not discharged from Jackson and Shaw's in September as a useless workman—a man named Charteris was the foreman who discharged me, I had seen him in communication with the Society's men outside lots of times.
RICHARD FREDERICK YOUNG . I live at 395, Kennington Road, and am foreman of the joiners at Messrs Jackson and Shaw's—the men there struck and all left on 1st June—we kept open and received such men as chose to come—previous to the strike Tamblyn, and Pyle, and Walker, worked there, and they all left—Coffin came some time during the strike and worked there for some time, I can't say how long—I don't know that he
left, he was at work in the other yard—we have two yards—he was at work at the yard I was not in—he came on again on 21st March, at 7 o'clock6 o'clock is the ordinary time—he was put to work in the joiner's shop, the same room with Tamblyn and Pyle—I believe there were twenty-two men at work in that room—5 o'clock is the proper time for leaving off—oak work was going on at that time, and there were pieces of oak about the room—Walker was working a machine at that time—Camp and Moulton were working in the room—Knapp was a yard labourer—I went into the room about 3.30—Coffin made a complaint to me—he brought me his coat and showed me that they had cut the collar off it, and that they had taken his hat away—he never mentioned his umbrella to me that I recollect—I never saw his hat—I believe this is the coat (produced)—I said to him "If you will tell me any one that has interfered with you, I will discharge them at once," and that was the limit of my power—he said he should summons them—I said that was the best thing he could do—I believe that was all that passed between us—I did not observe that he was excited—I don't think he was in his shirt sleeves, I did not notice—he made no complaint to me except the coat—he had not got it on—his cap was all right—he had a cap on similar to this—I don't know that this is the cap—it looks bad as it is, I don't know how it would look with his head inside it—I did not examine it—he never mentioned his cap to me—I did not notice his braces—he told me that he would leave, he would have his money—I wrote out a ticket, and sent it over to the time-keeper—he said nothing about throwing wood—I think he mentioned something about their making it too hot for him, or something like that, I can't remember—he took away his tools and did not come to work again—Moulton, Camp, and Knapp came again, but they left the next day or the day after—I have not seen them since—I can't say whether they took their wages, that is not my place—the time-keeper would know that, he is here.
Cross-examined by MR. SERJEANT BALLANTINE. I never knew anything about what had occurred in the water-closet till the following Monday; he never mentioned it to me; one of my employers was the first that told me about it—when I went down the shop he brought his coat in his hand and said, "Mr. Young, look what they have done to me; they have taken my hat away altogether"—I did not understand it; it was not my business to look after the man's coat, I had to look after his work—I said "If you can tell me any one that has interfered with you, or done anything to you, I will discharge them; that is the extent of my power"—he said that he should summons them—I remember his coming round with the officer—he did not point out Tamblyn and Pyle; I could not swear that they were at their bench, but they were working there in the shop; I am quite sure he never pointed them out—I heard him swear at the Police Court that he had done so—he never pointed them out to me at any time—I did not observe any mark of injury to his lip or face, or any blood—he called my attention to nothing but his coat and hat—we were not four minutes talking together.
Cross-examined by MR. W. SLEIGH. I believe Walker was working at Jackson and Shaw's at the time of the strike last year; I can't swear that he was working there while the other men were on strike, because he was in the yard on the other side; it was before he worked on my side—he might have been at work there during the strike time—I don't know whether it was before the strike—I should say he has been in the employment of the firm two, three, or four years—I can't answer whether he was out of employment
by reason of the strike—all the men in my yard were out on strike, with the exception of a labourer or two; I believe he was at work on the other side at that time; I don't know it—Mr. Charteris is the foreman of the other yard; he would know; he is here—Walker is only a labourer—he had nothing to do with the Union, that I am aware of; he is not a joiner, a handy labourer we call him—if a man makes himself handy, we put him to a machine; he was working an endless saw; he does not get a joiner's wages—he would get about a penny an hour more than a labourer.
Re-examined. I am a Non-society man, not a member of the Union—I should say Walker was not a member of the Union, I cannot tell; there are societies for labourers as well as mechanics, of course I don't know whether he belongs to that—I do not know one way or the other whether he is or is not a member of any society—my conversation with Coffin was over nearly in a moment you may say—I believe I have told you all the words that passed; it lasted a very short time.
EDWARD PEARSON . I live at 8, New Street, Westminster, and am timekeeper at Jackson and Shaw's—Knapp, Moulton and Camp were in that employ on 21st March, they left on the Monday following, the 23rd, without notice—Camp and Moulton left on 23rd and Knapp on the Tuesday morning, the 24th—he was a yard labourer—they left without taking their wages; there are wages still due to them—I have not seen them since.
Cross-examined by MR. W. LEIGH. I know Walker, I check his time—he was in our employ last year during the time the men were on strike—I believe he remained there all the time during the strike.
HICKSON HASLAM . I am a M.R.C.S., 141, Finborough Road, West Brompton—Coffin came to see me on Saturday evening, 22nd March; I had previously attended his wife in her confinement; she had been very ill; he was apparently very ill—he seemed to be suffering a great deal, in a very excited state, particularly nervous, and quite hysterical; he appeared to labour in his breathing, and to have great pain in taking a deep inspiration—my attention being called to the nature of the accident, I examined his chest and his body generally—I found marks, particularly about the buttocks, as if the hand had been applied very freely—there were marks on his chest, on the back, and about the shoulders—very slight marks—there was no abrasion of the surface, very slight discolouration—it gave him great pain to take a deep inspiration—he could not bear me to touch his chest, it seemed to inflict a great deal of pain upon him—I apprehended that inflammatory action might supervene, and I treated him accordingly—he went on very well, and is now convalescent, much sooner than I anticipated—I consider that the appearances upon his body were the result of rough handling.
Cross-examined by MR. SERJEANT BALLANTINE. I examined him thoroughly—there was no abrasion on any part of his body—I looked at him generally, but it was late in the evening, and I was very ill myself—I was sent for to him, but was unable to go, and he had to come to me, and my examination was rather a hurried one—I did not notice anything the matter with his mouth; he did not complain of it; no allusion was made to it—he was in a very excited state, crying, and hysterical—I did not see that his lip was cut.
RICHARD FREDERICK YOUNG (re-examined). A person named Bevington was in the shop superintending the men on this afternoon—there is always someone there, and a man under me—I am walking about the greater
portion of my time—Bevington sets out the work for the others—he was examined as a witness for the prisoners at the Police Court—he is a carpenter and joiner.
WALKER GUILTY — Nine Months Imprisonment.
TAMBLYN and PYLE GUILTY — Six Months' Imprisonment.
MR. RIBTON conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOEL BITTEN . I am a general dealer, and live at 14, Reddock's Buildings, Finsbury—on 1st April I was drinking at the Rose and Crown with two other gentlemen—I met the prisoner there, we were not all drinking together—I left the public-house about 11. 45 at night, at the same time as the prisoner—I believe I shoved him—I knew him as a bricklayer's labourer—we got about twenty yards from the house—to the best of my belief I shoved him several times as I was going along—I was rather the worse for liquor—I believe I struck at him several times—he said "Will you be quiet"—being very drunk I did not take particular notice of that, and I shoved him again—I then felt a kind of tug in my stomach—I said "I am stabbed"—I did not hear him say anything before that—I found I was bleeding, and I laid myself down on the stones—I was taken to the hospital and was there nine weeks within three days.
Cross-examined. I may have hit him several times—he had a knife in his hand at the public-house, cutting a piece of wood—I had been talking to one or two of my friends there; I might have had a dispute with one—the prisoner was not walking home with me, he was going the same way—I had no dispute with him in the public-house, 'nor with any one that I am aware of—after I struck him he walked away and I followed him—I was very much intoxicated and did not know what I was about, or else I should not have struck him—I believe I pushed him in the chest or somewhere about there—I heard him say "Let us take him to the doctor"—this was in Spital Square; it is rather dark there.
Re-examined. There are several lamps—the last I saw of the knife was in the public-house—I have got well again.
GEORGE WEBB . On 1st April I was in Spitalfields, and saw the prisoner and prosecutor together; they were in a fighting attitude—I was only there about two minutes—I did not see any blows exchanged—I saw the prisoner pull out a knife from his pocket and open it, and he said "You b----, I will rip your guts up," and he plunged it into his bowels—there are two lamps there—I was able to see, it was opposite the watch-box—the prosecutor dropped on the ground, and the prisoner ran away—I was not near enough to see what sort of a knife it was, I saw him open it—I did not hear the prosecutor say anything—the policeman and some man helped to take him to Dr. Phillips at the corner of the square.
Cross-examined. I can't say which pocket he took the knife from, or what the knife was like—I did not hear the prisoner say "Let us take him to the doctor's," he ran away directly the policeman came up.
JAMES WYATT (Policeman 77 141). I came up when it was over, and the prisoner gone—I found the prosecutor lying on the flags outside Dr. Phillips's, who said the case was an urgent one, and told me to take him to the hospital, which I did in a cab.
WALLACE DREW . I am a house-surgeon at the London Hospital—the prosecutor was brought there on the 1st April—he had a wound immediately above his left groin, from which a part of the contents of the abdomen protruded, not the bowels, but that part which covers it, the lining—I treated him as the case required; he stayed in the hospital till 12th May, to my knowledge—he is not quite recovered; he now has what we expected he would have, a rupture forming on that spot; it is a permanent injury, he is wearing a truss for it now, and will be obliged to wear it always.
JOHN THOMAS (Policeman H R 4). I took the prisoner into custody at Birmingham—he was apprehended on another charge—he told me he wished to make a statement—I cautioned him that what he said might be taken in evidence against him—he said "I did not mean to stab him, but he struck me first; I drew the knife, and he ran against it; as soon as I saw what I had done I felt sick and went away"—he also said that he helped to assist the prosecutor to the doctor's.
GUILTY of unlawfully wounding — Twelve Months' Imprisonment.
NEW COURT.—Wednesday, June 11th, 1873.
Before Mr. Deputy Recorder.
405. JOSEPH STADDON (30), PLEADED GUILTY to unlawfully obtaining the sums of 1l. and 5s. from Frederick William Bryant, and 5s. from William Haswell, by false pretences; also from Joseph Heddington, the sums of 2l. 8s. 6d., 2l., 6l. 6s. 6d. and 3l. 2s. 6d., and 1l. 1s. of the South Western Railway Company, with intent to defraud, after a former conviction of a like offence, at this Court, in August, 1868.— Seven Years' Penal Servitude.
406. GEORGE BICK (39) , Stealing five books, and on 3rd May six books of George Edward Eyre and another, his masters, and HENRY PLUME (35) , Feloniously receiving the same; to which BICK PLEADED GUILTY .
MESSRS. F. H. LEWIS and MEAD conducted the Prosecution; and MR. DAVIS defended Plume.
DAVID WHITBLAW . I am manager to Messrs. Eyre and Spottiswoode—Bick has been in their employ about twenty-six years as book mounter—he had the opportunity of taking Church Services if disposed—I do not know Plume—I called Bick into the room from which the books had been taken, and the result was that I gave him in custody—here are, I think, twentyfour Church Services produced, varying in price from 10s. to 25s. all quite new, and the property of the firm—their entire value is from 20l. to 25l.
Cross-examined. We may sell thousands of these Church Services in a year—I saw that these have not been sold, first, because they have no mark in them of the retail bookseller's, and second because I have referred to the books in each case, and find no entry of their being sold—two other men had access to them, but Bick confessed it—we never had cause to doubt his honesty before.
GEORGE BICK (the Prisoner). I have pleaded guilty to stealing these books—I have been in the prosecutor's service twentynsix years—I have known Plume about nine months—he is a kind of machine minder at the Standard newspaper office, and about five or six weeks after I knew him he asked me whether I could get a book—I told him I could—he did not mention any particular book to me, but I took a Prayer-book, value about
3s. trade price, and sold it to Plume for 1s., I think—I continued to steal books from time to time, down to the time Mr. Whitelaw spoke to me, and sold them to Plume—I stole twenty-two or twenty-three Church Services and Prayer-books, and sold them all to Plume, at different public-houses—the most he gave me for any of them was 3s.—I met him by appointment of a morning from 9 to 9.30—I took them one or two at a time and carried them in my trousers pocket—they were not in paper—he sometimes gave me 1s. and sometimes 1s. 6d., and at the end of the week he would give me 3s. or 4s—he said that he had a private place at the West End, and he knew some booksellers who he gave them to—I said that I was afraid of being locked up, but he said he had a very good place to take them to, and there was no fear of that.
Cross-examined. I have never been in trouble before—I do not know whether the other men are in the habit of taking books—I made the prisoner's acquaintance at the Mitre Tavern, Chancery Lane—I know that he is a respectable printer on the Standard—he has lent me 1s. or 1s. 6d. at a time, never more than 4s. or 5s. altogether—he did not ask me to give him something as security, nor did I then give him these books—I did not tell him that any of them were my perquisites—I did not tell him I was stealing them from my employers—none of them were given as security for money lent me—I also sold some books to a party named Keel, but not out of these twenty-three—I have not sold any to anybody else—the last book I took Plume I had 6d. for, with a promise that he would give me more when I saw him again—I never pawned any Church Services anywhere.
Cross-examined. I would have advanced half a sovereign if he had wanted it—a detective came to me and I went to Guildhall Police Court, and saw Plume, and knew him—no one else was in the dock.
Re-examined. I have no doubt of his identity.
CHARLES OWEN ODELL . I am assistant to Mr. Solomon, a pawnbroker, of 214, Gray's Inn Road—I produce two Church Services, one pawned on 1st March for 7s. and the other on 3rd May for 10s. by Plume—he told me that the trade price of one was 25s. and I lent him 10s—he gave his name John White.
Cross-examined. I saw him at Guildhall, but I had described him before I was taken there—the books were wrapped up just as they are now.
Re-examined. I knew him before—I think he redeemed a coat and waistcoat at the time be pledged the second book.
CHARLES SHEPPARD . I am assistant to Mr. Smith, pawnbroker, of 1, upper-street, Islington—I produce a Church Service pawned on 3rd May for 5s. it is worth about 10s. 6d.—I am not positive who pawned it—Henry White is the name on the ticket.
Cross-examined. I said at the Police Court that this was the man who pawned it—I do not know what has made me of a different opinion but I thought it over—this was the only Church Service we could find—I have no recollection of seeing either of the prisoners before.
Cross-examined. I am sure it was not Plume.
Cross-examined. The address on the ticket is 17, Little Britain.
Cross-examined. There is no pretence for bringing me here as regards the prisoners.
Cross-examined. I swear that Bick is net the man—we have a great many pawnings in the name of White.
Cross-examined. It was neither of the prisoners.
Cross-examined. I did not take the pledge in.
HARRY JACKSON . I am assistant to Mr. Paris, a pawnbroker, of Great College Street, Camden Town—I produce a Church Service pawned on 8th May, in the name of John' Broom, not by either of the prisoners.
WILLIAM MARTIN (Policeman S). On 8th May I was in High Street. Camden Town, and saw Plume and another man; seeing that Plume had something in his pocket rather bulky, I was induced to follow him—they went up High Street, Camden Town, to Rowley's, the pawnbroker's—the other man went as far as James Street, While Plume went into Rowley's and pledged a Church Service, which has been produced, for 5s.—he then came out and joined the other man, and they went together to Mr. Hampson's, in Chalk Farm Road, where Plume went in and offered another book for 8s. but they refused to take it in—I went into another compartment ald heard what was said—I then followed them to Great College Street, where the other man pledged a book while Plume remained outsider-previous to the other men going in, a ticket passed from one to the other, also a little parcel, which I believe to be a book, and that was done at each place, the one who waited outside always had the stock of books and the fickets—I followed about two hours and a half to different public-houses, and at last to Mr. Starling's, where Plume went in—I then got the assistance of a constable in Uniform, but before I could do so the other one escaped—I went into the shop and said to Plume "How do you account for the possession of this book?"which was handed to me over the counter—he said "It is my property"—I said "Where did you get it from?" he said "From a friend who has gone to Australia"—I said "What about the other books that you and the other man have pledged?"—he said "We have pledged no books"—I told him they had pledged one at Mr. Rowley's, and that the other man had pledged
one at Mr. Parr's, in College Street—on the way to the station he said "I bought them in Paternoster Row, I cannot remember the number, but I can produce the catalogue of them"—he has not done so—he was remanded to the 15th and again to the 22nd—when I was conveying him to Guildhall he said "Have not you taken the other man, he is worse than me"—I asked him if he would give me the other man's name and address—he said that he would, but he has never done so—he was then remanded to the 28th—twenty-two books were pledged, and Plume had one in his possession—I think the man who has escaped had one, I saw something bulky.
Cross-examined. I have been twelve years in the force; I have been a detective six or seven years—I have made inquiries about Plume, and ascertained that he has been employed on the Standard newspaper above nine years—I have not heard that he has been charged before—I did not watch them from any information which' I had received—I cannot explain how it is that the evidence about following them from shop to shop is not in my deposition; I am positive I gave it—I did not caution Plume, I said that he could say what he liked—it is not usual to caution prisoners in dealing with property which I do not know to be stolen; if he had been charged with felony it would have been different—Plume's friends spoke to me and asked me what it was best to do—I said that I could have nothing to do with the matter, as there was a solicitor engaged—I do not know John Broom—I do not know whether Bick has passed under the name of White—I searched Plume's place, and found a lot of pawn tickets in the name of Plume, not relating to books—none of the books pledged are in the name of Henry or John White.
Re-examined. Plume has been charged with assaulting his wife, and bound over to keep the peace—I know that from her own lips.
DAVID WHITELAW (re-examined.) I have examined these prayer-books—they are the property of the firm—they have not been through the hands of retail dealers—there might be a possibility of one of them being for sale in Paternoster Row; if it was sold there would be a mark in it, but there is a possibility that a book might be unmarked.
Cross-examined. If stolen from a retail house they would not be in the condition they are now, but if stolen before the parcel was opened, there would be no mark—we deal with most of the houses in Paternoster Row—we are the Queen's printers.
PLUME received a good character.— GUILTY — Eighteen Months' Imprisonment.
BICK—recommended to mercy by the Prosecutors— Nine Months' Imprisonment.
MR. COOPER conducted the Prosecution.
MICHAEL HAYES . I am a labourer, of 1, Midford Place—on Saturday night, 24th May, the prisoner's wife, who lives in the room over me, came up outside my door and said "You b----whore's son, come out, you bastard"—there is not a night when she is intoxicated that she does not annoy me—I went out and asked her to go away from the door; she had a fire shovel in her hand and hit me with it—the prisoner then come down with a hatchet and said "Leave him to me, Peggy"—he hit me on the head with the hatchet; my head bled all over, and I became insensible and laid down on the stairs—I was stunned for a time—I used no violence to
him whatever, or his wife—I only asked her to go away from the door, and I had not seen him all the afternoon—a policeman came, and I gave the prisoner in charge.
Prisoner. Q. Did you strike my wife on Boxing-day? A. No; I did not take her shawl off her shoulders as she was coming up stairs singing—I did not strike you with a poker on your arm—I had nothing in my hand.
MARGARET HAYES . I am the wife of the last witness—on the Saturday the prisoner's wife was on the landing, abusing my husband; she called us all manner of foul names—my husband went out and asked her to go away—she said she had as much right to stop there as he had—she went up and came down again with a small fire shovel in her hand, and began abusing him—he went out to tell her to go away, and she struck him with it, and the prisoner came down with a hatchet in his hand and said "Leave him to me," and struck him on the head with the back part of the hatchet—blood streamed from the wound—I went to take the shovel from the wife, and she said "You b----cow, I will serve you the same."
MORRIS MCCARTHY . I live at 5, Midford Place, Tottenham Court Road—I was standing at the corner of London Street and saw Mr. Hayes going to the hospital—I went with him and saw the wound; it was very slight—it was about three-eights of an inch wide and three-quarters of an inch long—I did not measure it.
Prisoner. Q. Do you know anything bad of me? A. No, you have always been very quiet since I have lived there.
The prisoner called—MARY KENHALEY. The prisoner is my father—I am getting on for twelve years old—on the Saturday night when the row was, I was up stairs in our room, having supper—my mother went down stairs, and I heard a noise; she came up again and took the fire shovel and went down again—my father was in bed and asleep in the room where I was—he had had a little drop of drink—I went on the landing and saw my mother hit Hayes on the head with the shovel—the hatchet was lying on the floor—I did not see my father touch it—he could not have taken it down without my seeing it—he did not leave the room at all—Hayes came up and knocked him on the arm with the poker, as he was lying in bed—he did not leave the room till he went to take out a warrant for Mr. Hayes—he did not tell me that he was going to do so, but I saw him go with my brother, who is getting on for nine—he is not here—my father has not said a word to me about this—I get this summons (produced)—I was not examined before the Magistrate—my mother brought me here this morning—she did not tell me what to say—I have not talked it over, with her—after Hayes had struck my father as he was lying in bed, he went out to the doctor—his head was bleeding from the blow my mother gave him with the fire shovel.
COURT to JAMES CORNISH. Q. Was this girl examined before the Magistrate? A. No, but Mr. Newton ordered her to be at the Sessions—I served this paper on her—I got it from the clerk at Marlborough Street—I applied for it myself, as Mr. Newton said that she was to attend here.
Prisoner's Defence. I never struck him with the chopper, as God is my judge. I had been asleep. I had had no intoxicating liquor for five months. He wanted to fight me in my own room, after striking my wife. I went out
on the landing, and he struck me on the arm with a poker. The wife being near her confinement, he said "I will take out a warrant for you." We went to the Police Court and then to George Street, and the policeman said "Come on Friday and get a warrant." Hayes then stepped from the shadow of a gateway and gave me in charge.
GUILTY of unlawfully wounding .— Four Months' Imprisonment.
MESSRS. METCALFE and SLADE conducted the Prosecution; Mr.
BESLEY conducted the prsecution; and MR. BESLEY the defence. The prisoner received a good character.
NOT GUILTY .
MR. GLYN conducted the Prosecution.
GEORGE HORNSEY . I am a butcher, of 50, Barnet Street, Bethnal Green—about 6 o'clock, a.m. or a little later, on 11th May, something aroused my attention—I went down into my shop and saw the prisoner standing there, with a bag of my meat at his side, and this chopper, knife, and saw, which are mine—I said nothing; we stood looking at one another—I sent for a constable—I found one of the shutters forced on one side, which was all right the night before—there was enough space for a man to get through—I went to bed about 12.30—I identify this halfpenny and threepenny—bit which were found in the prisoner's pocket.
EDWARD JENKINS . I live at 21, Barnett Street—on 11th May, between 5.30 and 6 o'clock, a. m., I was awoke—I pulled the blind on one side to look at my flowers, and saw the prisoner standing at the corner of the street, and another man at the shutters, who put his arm round and took the shutter right down—he then went in head first, and came out, opened the door, put the shutter up and called the prisoner in—the prisoner went in and I put my things on, went down the street and called two butchers—I then came back and followed the man not in custody, who walked out of the shop with a bag on his back—I told a man to keep the prisoner in the shop while I followed the other—I did not stop him because I was afraid to tackle him by myself.
WILLIAM MUSGRAVE (Policeman H 25). I took the prisoner—he said nothing—he had a bag containing these tools, and a quantity of meat—I searched him and found 1s. 3d. and these two coins, which the prosecutor identified.
Prisoner's Defence. I was going along Bird Cage Walk and a young man asked me if I would carry a bag of meat, and he would give me 1s. The shutter was down and he got in, and he gave me 1s. when I got to the door. I thought "Who is going to shut this shop up?"and I was just opening the door when the butchers came across. He gave me the money and I had 3d. or 4d. in my pocket.
GUILTY .— Six Months' Imprisonment.
THIRD COURT.—Wednesday, June 11th, 1873.
Before Robert Malcolm Kerr, Esq.
410. HENRY HARRINGTON THOMPSON (26), and WILLIAM JOHN PAINE (20), PLEADED GUILTY to three indictments for stealing a quantity of silk of John Mundella, and others, their masters— Judgment Respited. And
411. EDWARD MORLEY (23) , to unlawfully obtaining, by means of false pretences, from William Jenkinson and others, four skins of leather, with intent to defraud.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. COLLINS conducted the Prosecution.
HENRY TAYLOR (Policeman Y 126). On 9th May I was on duty at Cathill, East Barnet, about 4.30 in the morning, with Sergeant Ayres—we were going along the road from East Barnet, and met the prisoner and another man, about 300 yards from Mr. Hanbury's house, coming from it—when we arrived opposite Mr. Hanbury's lodge, I went round, the grounds; it is my duty to do so; upon reaching the house I found the door leading to the billiard-room open, and I found the window also open—I called Sergeant Ayres, and we examined the window and found it had been forced open by some instrument—some of the servants were called up, and we found the door leading from the billiard-room into the house had been forced open; the woodwork round the lock had been cutaway—I then ran to the Barnet Railway Station, and saw the prisoner there in a third class railway carriage, and the other man in the act of getting in—I asked them where they had come from—the man who made his escape said, "From High Barnet"—I was in uniform—the other man then made his way across the carriage, and put his arm out of the window to open the carriage door on the opposite side—I rushed into the carriage and seized hold of both prisoners; we struggled, and all three rolled on the platform—the prisoner struck me four times on the head with this iron bar, which is commonly called a jemmy—he got that from his pocket—after he struck me three times I felt I could not hold the other man—I let go of him and stuck to this one—the guard came to my assistance, and we secured the prisoner—I lost a good deal of blood—we took him into the booking-office, and I partially searched him there, and found two centre-bits, a brace, some twine and a chisel—I took him on the road to Southgate, and found Saddler, of the S division, and Sergeant Ayres—they took the prisoner to the station, and I went to the doctor—on my way home I called at Mr. Hanbury's house, and searched the grounds, and found some railway rugs and different things.
Cross-examined by the Prisoner. They were heavy blows that I received—you had the instrument in your right hand—when I caught hold of you in the carriage you were on my right side and the other man on my left—I am quite sure you struck the blows—I am certain it was not the other man.
JOHN AYRES (Sergeant 711). I was with Taylor—some few hundred yards from Mr. Hanbury's house we met the prisoner and another man—I afterwards went to Mr. Hanbury's house, and found a burglary had been committed—Taylor went to the station, and I stayed at the house—I afterwards met him with the prisoner in charge—he was given into my charge, and I took him to the station—I searched him, and found this small linen bag in his waistcoat pocket, which was identified by Mr. Hanbury, a railway ticket, and a small pocket knife—he gave the name of George Thomas, but no address—I charged him with the offence, but he made no answer—I found that the marks on the window sill at Mr. Hanbury's corresponded with the jemmy.
WILLIAM HENRY DANIELS . On the 9th May I was guard of the 4. 55 train from Barnet to Moorgate Street—a few minutes before the train started I saw Taylor, the prisoner, and another man struggling together on the platform—the prisoner had this jemmy in his hand, and hit the policeman three times on the head with it—I rushed up to his assistance—he was about to hit him again, and I seized the prisoner's arm behind and stopped him hitting the fourth blow—Taylor said "Take it away, take it away," twice, and by that time I had got it away from the prisoner—I said "You scoundrel, I have a good mind to hit you across the head with it; such scoundrels as you ought to be hung," and the prisoner said "Yes, I know I ought"—I gave the jemmy up to a porter till he saw a policeman—I had to go with the train—the other man ran away, the other guard ran after him, but he could not take him—I am quite sure the prisoner had the jemmy, and was striking the constable.
GEORGE CORRY . I am butler in the service of Mr. Charles Addington Hanbury, Belmont, Enfield—on the evening of 8th May the house was closed in the usual way, and on 9th May, about 4. 15 in the morning, I was called up by Serjeant Ayres—I found a window had been broken open, which had been fastened the night before, and also a door in the same room—I then went to the billiard-room and found that had been entered; the windows and doors were all locked on the previous night—I found a cupboard forced open, but nothing had been taken out—two rings had been taken from the cloak-room; one was dropped in the passage and the other was found in the shrubbery—the door leading from the billiard-room on to the lawn was open—I had fastened that the night before myself.
CHARLES ADDINGTON HANBURY . I live at Belmont, Enfield—on 8th May I left this leather bag in my business room; it contained about 30l. in money and a few other articles—the money was in two separate bags—a portion of the money was in this bag—I can swear to this bag—there was 9l. 18s. in it—this bill and receipt and the leather bag were found in the grounds—they are my property—there is no particular mark on the bag which was found on the prisoner, except that I am sure it was the bag given to me the night before by my clerk at my place of business—I believe that is the bag that contained the money—it was exactly similar.
Prisoner. Q. When you examined Taylor's head how many blows did you calculate he had received? A. He had received three, undoubtedly—I could not swear that he had not received any more, but I saw the distinct marks of three—one was at the back of the head, one on the forehead, and one on the left side of the head.
The Prisoner, in his defence, stated that he went down to East Barnet with a man who had asked him to go there and repair a fence; that they stopped at a public-house till 10. 30, could not get home, and got over the fence into the grounds; that the other man left him, and he got over the fence again about 4 o'clock in the morning, when the other man joined him, and they met the two witnesses on the road to the station, and that he picked up the linen bag on the platform. The other man struck the policeman.
GUILTY — Seven Years' Penal Servitude. THE COURT ordered Taylor a reward of 20l.
413. JOSEPH WHITE (23), and EDWARD SYMONS (40) , Unlawfully obtaining, by means of false pretences, from Edward John Millard, two portmanteaus and other goods, with intent to defraud. Second Count—Conspiracy to defraud Millard of his property.
MR. BESLEY conducted the Prosecution; and MR. LATIMER the Defence.
EDWARD JOHN MILLARD . I carry on business as a portmanteau manufacturer, at 255, Fulham Road—on 27th March the two prisoners drove up in a pony and cart to my shop—I had known Symons before—they came into the shop—Symons introduced me to White, and said they were going to open a shop in the King's Road, but previous to doing so they were going out of town to enjoy themselves for a week, and they would give me orders for bags and portmanteaus—Symons asked White for a form, and they gave me this memorandum—the goods I supplied first were for their own use, to go out of town with—they had eight articles first and two afterwards—I only saw them once—my boy, James Elliott, took the goods home, and in consequence of a piece of paper he brought back, some other goods were furnished—the value of the goods was 9l. 16s. 6 d.
Cross-examined. I had known Symons a few years—the goods that were ordered at first were to go out of town with—two bags were ordered later on—they were not to be used in the way of their business—(MR. BESLEY here stated that he did not rely on the Counts for false pretences, but on the Counts for conspiracy)—The goods were ordered on 21st March, and delivered on the 1st and 2nd April—I went on the Saturday afterwards to the address given on the bill-head—I found a shop at that address, and the name of "J. White and Company" up—I knocked at the door, and a Mr. Clark from opposite called me over—when the prisoners came the first time we went to a public-house and had a glass of ale together—I did not converse with them as to what they were going to do with the shop—they said they were going to have a front put in—we only stopped at the public-house about five minutes—they drove up in a pony and gig, and I ask Symons if it was the same pony and trap he had before, and he said "Yes"—I knew him slightly from seeing him in a place where I have my luncheon—I did not know him in any business capacity, or know what he was.
Re-examined. It was 4th April I went to the shop and saw Mr. Clark—the shop was not open; it has never been open—I went several times to get my money—I went round the neighbourhood till I found them out—I did not know where they lived—I went to a china shop and got an address at Skevington's, the butcher's, and I saw them in custody afterwards—I was trying to find them for about three weeks from 4th April—Mr. Skevington is the landlord of the house, I believe.
JOSEPH JAMES ELLIOTT . I am errand boy to Mr. Millard—I took a portmanteau, trunk, two travelling bags, and two reticule bags to 5, King's Terrace—the name of "J. White and Co., Suburban Stores," was over the shop—I found a notice, "Goods and letters, inquire at 9, Moore Park Terrace opposite"—I went opposite, and a person came with a key and opened the shop door—I left one trunk, one portmanteau, two travelling bags, and two reticule bags—I gave the man a bill—the next day I took one trunk and one portmanteau to 9, Moore Park Terrace, and I got an order for some more goods—I did not take those—I have seen the bags and things since—they are the same that I left.
Cross-examined. I told Mr. Millard on my return where I had been, and that the shop was shut up, and I had to go across the road to get someone to open it—I went again the next day and took a bill with me, receipted—I gave it to Mr. Clark, and he gave me an order for two more bags, on a card of "J. White & Co."—I took the receipted bill back, and my master went on Saturday, and he took the bill and tore the receipt off—I
told him that Mr. Clark gave me the bill back, and that they would be paid for on Saturday if I took them before 10 o'clock, if not they were no use.
By the Jury. The order for the two bags was on Mr. White's card—Mr. Clark gave me that, and said they would all be paid for when I took them on Saturday morning.
THOMAS NEVILLE (Detective Policeman). About 11 o'clock on the morning of Monday, 12th May, I went to Bird, in Bush Road, Peckham—I saw Symons, and told him I should take him into custody for being concerned with White in obtaining a quantity of goods from Mr. Millard—he said "We have, taken a shop at Fulham"—he asked me if I had got his friend King, who was partner to White—I said "No, I had not"—I asked him if he had any duplicates, and he handed me this pocket-book, which contained five duplicates—I was present when White was taken, and when he was searched—I produce two duplicates, which were found on him, relating to the portmanteaus—I went to the shop in King's Road, Fulham, on 10th May, two days before I took Symons,—it was not open then.
Cross-examined. I charged Symons with obtaining goods under false pretences—he said "We have, taken a shop at Fulham;". I don't think he added "I don't know anything about false pretences"—he told me that King was partner to White—he did not, say that King had promised, to put a lot of money into the business—I went to the shop at Fulham appeared to have been newly fitted up—I went to the landlord, and found the house had been taken by the prisoners, and that they had engaged someone to put up fittings for a shop—I heard afterwards that 10l. had been paid towards that.
JOHN CLARK . I live at 9, Moore Pant Terrace—my son had the letting of these premises, and in February last the prisoners came there—I was present when White took the premisesrr—Symons was with, him, and three or four others—they were all strangers to me except Symons, and I had known him twenty years ago—this is the agreement—I witnessed the sjgnatures—Joseph White, signs as the tenant, and Mr. Skevington as the landlord—Mr. Skevington asked me to allow it to be done at my place, and I did so—it is an agreement by Mr. Skevington to let, and Joseph White, 198, St. George's Road, Peckham, to take, the premises, 5, King's Road, Fulham, from 25th March, 1873, for three years, at 34l. a, year—I saw Symons and White the day after the agreement was signed—White, asked me if I would allow his letters and parcels to be taken in, and a paper was put up; some goods came, and I put them into the shop—I think I saw three parcels of goods over at the shop, and one that Mr. Millard brought himself to me one, day—that was the portmanteau—there were some scales—the shop was never opened; the builder was a long time about it, and he delayed it a little—it was never opened for business—there was a card in the shop, which I gave to the boy to give to Mr. Millard—White told me to give the card to anyone who brought the goods—he did not say anything about payment—I saw White after that at, the shop with the builder, giving instructions—I did not see who took the portmanteaus away.
Cross-examined. I said nothing about paying on Saturday—the builder was a long time, about the place, and that delayed the shop being opened—they were putting in a new front, and doing up the back-stairs; that had to be done by the tenant—I did not have a commission on obtaining the tenancy—I should have had a commission if I had sold some of the goods—I am the oldest tenant, and they thought I might assist in opening a whole-:
sale business—I have known Symons a great number of years—he was always a respectable man and everything you could wish for—I had a good deal of conversation with the prisoners about the business they were establishing, and we had a jollification once or twice—I saw a man who called himself King, there was some talk about his putting the money into the business—that was not on the first day—King was a perfect stranger to me—Mr. Bigwood was the man who was to put up the fittings in the shop—he was employed by the prisoners—he told me he had received 10l. from them—I thought Symons was going to sell goods as I should hare done, as a traveller on commission, as soon as the place had been opened.
Reexamined. I did not know Symons's address at the time the agreement was fixed.
JOHN WILLIAM SKEVINGTON . I signed this agreement and allowed White to have immediate possession under it—he has not paid me anything—the shop has never been opened—I have heard that Mr. Bigwood had 10l.—I have seen the prisoners about the premises since they have had possession, and during the time the alterations have been going on, which was three weeks or a month.
Cross-examined. The alterations were going on actively for about a month—I gave the agreement to White when I let the premises, and received it back on 11th April, I think from Mr. King.
JOSEPH PATTERSON . I am assistant to Mr. Meads, pawnbroker, 39, Cheyne Walk, Chelsea—I produce two small bags and a duplicate corresponding to this one—they were pawned' on 1st April, in the name of John Symons, 786, Old Kent Road, for 3s.—I don't recognise Symons.
WALTER SAMPSON . I am assitant to Mr. Amherst, pawnbroker, King's Road, Chelsea—I produce a leather bag, pawned for 8s. on 2nd April, and also the ticket, No. 61, the counterpart of this one, in the name of Edward Symons 27, Oakley Crescent—I don't recognise the prisoner.
GEORGE MERRYMAN . I am assistant to Richard John Wade, pawnbroker, 573, Old Kent Road—I produce two duplicates, 358 and 1322, corresponding with these two-358 is a pledge on' 3rd April, In the name of Edward Symons, of a portmanteau for 7s.; 1322 is a pledge on 10th April, of a box, by Edward Symons, Bird-in-Bush Road—I believe White was the party who pledged them, but I can't positively say.
ALFRED CLARE . I am assistant to Mr. F. Bawdin, pawnbroker, King's Road, Chelsea—I produce the counterpart of a ticket relating to a leather bag, pledged by John White, of 27, Oakley Crescent, on 2nd April—I believe the prisoner White is the person who pledged it.
WILLIAM JOHN EDMONDS . I am assistant to Frederick Wells, 362, Old Kent Road, pawnbroker—I produce a portmanteau pledged on 10th April, in the name of Joseph White, 198, St. George's Road—I produce the counterpart ticket 1828—White is the man who pledged it.
E. J. MILLARD. (Re-examined). I have seen the things which have been produced by the pawnbrokers—they are my property—I have seen a box which is represented by this ticket, and which was produced by Mr. Balls the pawnbroker, who is not here—that was my property—it had the prisoner's initials on.
Cross-examined. I apprehended White and was present when Symons was apprehended—I have been engaged in enquiries in this case—I found
the shop was fitted up, and a new front had been put in, the builder had received 10l., but 40l. was owing—White said "Have you got my partner King?" and I said I had not—I was present when the prisoners were committed—their bail was 15l.
WHITE received a good character.
GUILTY of conspiracy to defraud .— Six Months' Imprisonment.
SYMONS.— Twelve Months' Imprisonment.
MR. BROMBY conducted the Prosecution.
STEPHEN WELLINGTON . I live at 44, Leadenhall Street—between 8 and 9 o'clock, p. m., on Tuesday, 3rd June, I was at the corner of Aldgate—there was a crowd—a horse fell down and I stood to see it—I felt something touch my left side and saw my chain drop down—the prisoner was at my side—I caught hold of him by the collar and charged him with stealing my watch—I kept him till he was given into custody.
Cross-examined by the Prisoner. You had a clay pipe in your mouth—you put your hands in your pockets directly I caught hold of you.
ISAAC BARNETT . I am a boot maker, at 9, Gloucester Buildings, Back-church Lane—I was in the crowd in Aldgate on 3rd June—I saw the last witness there—I saw the prisoner take his watch from his pocket—there were three more with him—I don't know what he did with the watch, but the other three got away—I saw the watch in the prisoner's hand.
Cross-examined by the Prisoner. I can't say which hand it was in, or which side of the gentleman you were standing.
ARTHUR ALLUM . I live at 138, Charles Street, Commercial Road—I was in the crowd in Aldgate, on Tuesday night, about 8.30—I saw the prisoner take the chain from the prosecutor's watch-pocket, and it hung down—it went through a button hole, and he lowered it from the watchpocket—I saw the prisoner's hand lowering it down, and saw the chain hanging.
Cross-examined by the Prisoner. I did not see the watch at all—I said at the station that I thought I saw a pair of pliers in your hand—I heard something click, and pulled Mr. Wellington's coat, and he saw you—I was on his left hand side—you were on his left side, a little way behind me—I saw your hand touch his chain.
GUILTY . He also PLEADED GUILTY* to having been before convicted in January, 1870.— Seven Years' Penal Servitude.
MR. HARRIS conducted the Prosecution.
CATHERINE CLARK . I am the wife of Thomas George Clark, and live at 15, Baker Street, Lloyd Square—my husband keeps the saloon at the Adelphi Theatre, and on the night of 10th May we were returning home from there—about 12. 5 we were in Theobald's Road, with my husband's brother and his wife—my husband and his brother went into a pork butcher's shop there—Tull came and struck me behind the ear, and snatched my chain—immediately I screamed, and my husband came out and my brother-in-law—the man was trying to get this watch from me—
I don't remember a great deal, being knocked about so much; the policeman came up immediately—Wilson was there, but he did not do anything to me, only he struck my husband—a portion of my chain was picked up afterwards and given to me—this is it—I was very much hurt, and was taken into the pork butcher's afterwards.
Tull Q. Was not your husband fighting outside the pork butcher's shop? A. No.
REBECCA. CLARK . My husband is John Clark, a brother of the last witness's husband—I was with her on the night of 10th May—we were together in Theobald's Road, and Tull struck her behind the ear, she screamed, and Mr. Clark came out of the pork butcher's shop—during the struggle, Wilson struck Mr. George Clark right in the forehead, and my husband was beat about his face—I was caught hold of by my left arm and pushed away—two policemen came up and took them.
THOMAS GEORGE CLARK . I am the husband of the first witness—I was going home with her on this Saturday night—I was not fighting with anyone—I went with my brother into a pork butcher's shop—I heard my wife scream, and came out, and saw Tull with my wife's chain in his hand, struggling with her—I laid hold of him by the collar, he struggled, and Wilson came to the rescue, and he struck me on the forehead—my brother seized hold of him—Carter came up, and I said "That is the fellow that took the chain"—Wilson turned round and caught Carter by the throat, and said "I will choke you if you don't let me go"—I was kicked in my back, and had a large lump on my forehead and a pair of black eyes—I keep the box-office at the Adelphi Theatre, and had 150l. that night in my possession.
Tull Q. You were fighting with a man with a light coat on? A. No—I did not push up against you—I was not in the Gross Keys public-house.
Wilsen. Q. Where was it I struck you? A. On the forehead—I don't know which way you came—you tried to take Tull away from me and my brother.
Tull. Q. Was not your brother fighting? A. Certainly not—I saw you struggling with Mrs. Clark, and I got stabbed—the chain was taken off Mrs. Clark's neck at the station—she only lost a portion of the chain.
JOHN CARTER (Policeman S 64). Early in the morning of 11th May I was in Red Lion Street—I heard a cry of "Police, I am robbed"—I ran up as quick as possible, and saw Tull and Wilson and Mr. George Clark—he pointed to Tull and said "That is the man who has robbed my wife of her chain"—I seized Tull, and Wilson caught me by the throat and said "If you don't leave that man go I will choke you"—I had a great struggle with them—a sergeant came up, and he assisted, with great trouble, in getting Tull to the station—going down Lamb's Conduit Street I met Policeman 75, and he took Wilson for attempting to rescue Tull from my custody—at the station Mrs. Clark said she had lost a part of the chain—we went back to the spot and found a piece of the chain at daylight.
Tull's Defence. I have witnesses. She says she lost a portion of her chain, and that was found. I have a good character from my master where I worked.
Wilson's Defence. As I was going down Theobald's Road I saw a fight at
the corner of the street, with Mr. Clark and another man. I went away to get some tobacco, and came back to the corner again, and Carter said "That is the man, that is one," and I was taken to the station. They were all intoxicated.
Witnesses for Tull.
ANN ROBINSON . I am the wife of James Robinson—Tull is my brother—the week after he was locked up I asked Mrs. Clark if she accused my brother of the robbery, and she said "No"—I asked her if she had lost anything, she said "No, I have not"—I said "I was given to understand you had lost your watch"—she said "No, I have lost nothing"—I said "Is it true or untrue that my brother hit you?"—she said "Yes; lean swear that he hit me, but I can't swear that he robbed me."
Two witnesses gave Tull a good character, but Carter stated that he knew him as a companion of convicted thieves. Wilson's mother gave him a good character. The Jury stated that they believed the prisoners were guilty of a common assault.
NOT GUILTY of the robbery.
ALFRED BUNTING (Police Sergeant O 3). On the morning of 11th May I was in Theobald's Road, in plain clothes, and off duty—I saw Carter come up and take Tull and Wilson into custody—when I arrived at the corner Wilson had Carter by the throat—Carter was holding Tull—I pulled Wilson away, and said "What is it?"—Carter said "They are given into custody for 'robbery"—Wilson was dragged away from us by the mob—we held Tull, and were dragged into Lamb's Conduit Street—I was kicked by the mob, not by either of the prisoners.
AUGUSTUS BEALE (Policeman E 75). I was on duty in Theobald's Road on Sunday morning, 11th May—I went to a disturbance and saw the two prisoners there—Carter was struggling with them both—I went to his assistance, and he ordered me to take Wilson—he kicked me, and got hold of my stock and tried to choke me.
Wilson. I never attempted to touch any of them.
Tulls Defence. I never struck one of these gentlemen; they were all drunk, and struck me in the mouth.
Wilson's Defence. They were all intoxicated.
GUILTY of a common assault on John James Clark and Thomas George Clark. — Judgment respited.
MR. HUMPHREYS conducted the Prosecution.
The prisoner denied writing the letter. His son produced some of his handwriting, and the Jury, on comparing it with the letter, stated they were not satisfied that it was in the prisoner's handwriting.
NOT GUILTY .
OLD COURT.—Thursday, June 12th, 1873.
Before Mr. Baron Pigott.
MR. BESLEY conducted the Prosecution.
The prosecutrix in this case was eighteen years of age, and was alleged to be imbecile; upon being questioned, she did not understand the nature of oath and had never heard of God. Under the circumstances the question turned upon her power of giving consent.
MR. BARON PIGOTT (after referring to "Reg. v. fletcher" law journal, (M.C.), p. 85, "Reg. v. Myers," and "Reg. v. Israel" (Central Criminal Court Sessions' Paper, vol. xlv., p. 259), was of opinion that, although there was some evidence of her power of giving consent, yet there was not sufficient to show that the act was committed against her will. NOT GUILTY .
The prisoner was again indicted for indecently assaulting the same person.
ANN FISHER . I live at 7, Stainsbury street, Bethnal Green, and am the wife of Francies Fisher—the prisoner is my brother—he is not married—i don't know his address—I think it is in Blue Anchor Lane—my father has been dead eleven years—I don't want to punish my brother, I want to pardon him, I don't wish to say anything against him—on the evening of 5th May I was at the Green Man public-house, in cambridge road, between 8 and 9'o clock—my brother was with me—we were having stout together—he acoused me of something with my father—I denied it—(I am thirtyfive years of age)—he said it was true—I said it was not—he has always been a good brother to me up to the present tme, we never had an angry word—we had never had any conversion about this before—I never knew there was such a thing in existence—he had never made any such charge against me before, nor any of them—I have had my brother to live with me and I have brought my sisters up, and we always lived happy togather—he was very tipey, I had been drinking all day—he has worked at peek & Frean's, the biscuit manufacturares, for years, and bears a very good characters—after talking about me and my father he put his hand on my shoulder as if he was going to tell me something, and I don't remember anything else after that—I felt the knife afterwords—I did not feel anything then—he put his hand on my soulder—I felt the blood come down my neck, but Idid not feel the cut—I had not been taking more drink than was good for me—we had only had two pints of stout, one pint in the Weavr's Arms, and another at the Green Man—I am not on ther habit of taking anything; we aere about twenty minutes at the Weaver's Arms—after I felt the blood coming down my neck, I don't remember anything else till I found myself at the police-station—he did not say anything to me when he put his hand on my shoulder—he laid hold of me with one hand and put the other up—I think he laid hold of my right shoulder—he was standing in front of me—he kept saying it was true, and I kept saying it was not—I don't know what led to his saying it—I did not see any knife.
ALFRED COOTS . I am head barman at the Green Man Tavern, in the Cambridge Road—I was behind the bar on the night in question, and saw the prisoner and his sister there—I served them with some stout—he was perfectly sober; if he had been drunk I should not have served him—she was perfectly sober—they were in a private compartment by themselves—I heard her call out "For God's sake, George, don't!"—I immediately went to that part of the bar which looked into that compartment—he had one hand on her shoulder, and a knife in the other—I can't say in which hand it was—it was two or three inches from her throat, which was bleeding—I immediately reached across the counter and seized hold of his hand and arm with the knife in it, and sent the potman for a constable—he did not say anything, that I remember, except "Oh, Nancy!"—my fellow barman took the knife from the counter—the prisoner did not talk like a man that had had too much drink.
Prisoner. Q. In what position was my sister standing? A. With her back to the partition—it was a common pocket-knife.
ABRAHAM PICKETT (Policeman K 380). I was called to the Green Man, and there found the prisoner and prosecutrix—he had got hold of her by the throat with both hands—I took him off, and he said "lam sorry I have not killed her"—I received this knife—the prisoner was quite sober—the prosecutrix was in a fainting condition.
FREDERICK JOSIAH BURGESS , M.R.C.S., 254, Bethnal Green Road—on 5th May I was sent for to see the prosecutrix at the police-station, she was very faint and excited at times, also hysterical—I found on the left side of her throat a cut made by a sharp instrument, extending across the centre of the throat from left to right, partially through the skin, about five inches in length—also a cut on the right side, extending midway between the collarbone and the right cheek, over the lower jaw—that had penetrated the skin entirely for about one inch under the jaw, from whence blood flowed—they were skin wounds; none of them were serious—they were of such a character as might have been inflicted with this knife, they could not have been done with a great deal of force, except the one under the jaw.
Prisoners Defence. I had been drinking all day. As I had not seen my sister for a long time I thought I would go and see her. I have no recollection of anything till I met her. I have no recollection of the first public-house. The witness Coote says I was perfectly sober; he says he saw blood flowing, which was impossible where my sister was standing; the doctor says the wound was on the right side, and Coote could not have seen that from the bar. I recollect going into the Green Man with my sister and standing there talking, but upon what subject I have no recollection. I recollect flying into a passion about something and seizing her by the throat, but I had the knife in my hand at the time, and she caught hold of my hand, and she was as likely to cut it as me. I have no recollection whatever of using the weapon to her throat. When we got outside the public-house, she caught hold of my arm. I said "Go away, don't follow me, you will get locked up." I called to somebody to take hold of her and then I saw that her throat was cut. I said "For God's sake, take this woman away; she is my sister, her throat is cut. "If I had wished to do her any harm there are dark places at the back where I could have inflicted a wound upon her, but I had no
intention whatever. I never exchanged an angry word with her; but the fact is, I had been drinking all day, and had nothing to eat As to what I said to the constable, I was very excited, and hardly knew what I did say; I had no meaning in it.
GUILTY of unlawfully wounding — Two Months' Imprisonment.
NEW COURT.—Thursday, June 12th, 1873.
Before Robert Malcolm Kerr, Esq.
420. JOHN STUKEY (46), PLEADED GUILTY to unlawfully obtaining 150l. from the Hon. James Ludovic Lindsay, by false pretences; also to a conspiracy to obtain goods by false pretences.— Twelve Months' Imprisonment.
MR. FRITH conducted the Prosecution.
EDWARD JOHN HATTER . I am a dairyman, of 1, Rutland Cottages, Chiswick—on 18th April, the prisoner came to me and engaged furnished lodgings—he paid 1s. in advance, and gave his name, Mr. Robinson—he said that he was in the London and County Bank, Chatham, and that his friend kept the Railway Hotel there—on 20th April, I went out with my wife and left the servant and two children at home, and the prisoner, who said that he should go out for a walk—I returned about 9. 15, and the prisoner had not come home; I missed 3s. worth of coppers from one drawer which I had left shut but not locked; I saw the money there just before I went out—I missed this purse out of the next drawer, with a halfsovereign and 17s. in it, and this great coat out of a drawer which had these gloves (produced) in the pocket—the value of the property altogether is 3l. 5s.
ALFRED GLOVER . (Policeman C R 13.) I took the prisoner—he was wearing this coat—I found on him four bunches of keys, twenty-seven pairs of gloves, and a purse—he said that the keys belonged to a Mend of his. The Prisoner's Statement before the Magistrate: "I admit the charge."
Prisoner's Defence. I did not take the amount of money that is stated; not more than half of is.
He was further charged with a previous conviction at Marlborough Street, in August, 1869, to which he PLEADED GUILTY**— Seven Years' Penal Servitude.
MR. MATTHEWS conducted the Prosecution.
EDWARD ROBERTS . I am porter to Samuel Lewis, a draper, of Holborn Bars—on 31st May I saw the prisoners in the shop, and saw Jones take something and put it under her dress—I called the shop-walker, and then saw a piece of lustre drop from Jones.
Jones. I was the worse for liquor. Witness. You were not.
ROBERT CALDWELL . I am the shop-walker—my attention was called to the prisoners, and I went to the door and saw them talking together—Jones dropped a piece of camlet lustre from under her dress—I pushed them into the shop, and while there Jones dropped a black silk jacket—they were not the worse for liquor.
Hopkins. Q. Did you see me take anything? A. No, but I saw you covering Jones.
JOHN BATCHELOR . (City Policeman. 271). I took the prisoners—as soon as Hopkins got out of the shop she thew a handful of silver and bronze money into the street—she was wearing this cloth jacket (produced), which a Mr. Bodger indentified, but he refuses to come forward—Jones gave a correct, and Hopkins a false address.
The Prisoners' Statements before the Magistrate: Hopkins says, "I hope you will have mercy upon us this time, we were the worse for liquor." Jones says, "I say the same what she says."
They were both charged with previous convictions. Jones at this Court, in July, 1871, and Hopkins at Clerkenwell, in September, 1871, to which they PLEADED GUILTY**— Seven Years* Penal Servitude each.
MR. MOODT conducted the. Prosecution.
HARRIETT SANDERSON . I am the wife of George Sanderson, who keeps the Exmouth Arms, Stepney—last Sunday night I went to bed at 11. 15, after fastening all the doors and windows—the bar was cleared, there was no one there—about 12.30 I heard, a noise in the yard—I afterwards heard the window, and a great noise below—I called "Police! "and awoke my husband—I went down and found the parlour window had been opened—the prisoner was found lying down at the back of the bar—I do not think he was in liquor, but he seemed to put it on—I think I had served him about 10 o'clock, but I have no recollection of his being in the bar for several hours.
THOMAS LEE (Policeman K 555). I heard the cry of "Police! "and went to the Exmouth Arms—I searched the place and the cellar, and in the bar, which was locked, I turned my light on and fouud the prisoner lying in a little space 4ft. or 5ft. square—he said "Give me a half-pint of beer," but he was no more drunk than you are—he said that he was a lighterman—I found the water-spout on the house broken, the window fastening prized down, and he had got over a little partition—I found a cap which no one owns, the prisoner had a hat on—there were two wooden partitions which he must have got over, and there were marks on one of them—no one could close the door without seeing him, as the place was only 4ft. square—the partition in the bar was 6ft. or 7ft. high, anyone could get over by getting on a chair, and there was a chair there.
COURT to H. SANDERSON. Are there chairs always there? A. Yes, and there are seats on each side—I am quite positive that no one was there when I fastened up the place the night before.
The Prisoner's Statement before the Magistrate: "I was drinking and went to sleep, when I awoke I found myself in the tap room, in the dark; I got out at the window and tried to get away, but could not; I got in again, and in getting over the partition I fell and remained there."
NOT GUILTY .
one man put his arm round my neck, and another caught hold of my chain—they then threw me violently on the ground, on my face, and stunned me—they tried to get my watch but did not—a constable came up and they ran away—I cannot recognise the prisoner.
JOHN GROGAN (Policeman H 229). I saw the prisoner and another man, with a man with a high hat between them—they pulled the man three or four yards, and threw him down on his face; his forehead came against the pavement, which I heard in Commercial Street—I then ran and saw them stooping down trying to get his watch and chain—an old woman sung out "Here is the police," and they ran off—the prisoner was the biggest one, and took the most active part—I gave chase, and caught him—I never lost sight of him.
Prisoner Q. How far off were you? I was two yards from the end of the cape court.
COURT. Q. The prosecutor says they attacked, him at the back, and that he did not see anybody. Your account is there was one on each side of him. A. Yes.
MR. SMITH. Q. Were they before or behind him? A. One on each side; they each had a hand on him; he delined to go, and they pulled him—one of them had his hand round his neck when they got to the end of the court.
Prisoner. The gentleman called me and he fell; he cut his forehead, and I cut my knees.
NOT GUILTY .
MR. BRINDLEY conducted the Prosecution.
JOHN SMITH . I am a costermonger—I used to live at a beer-shop in Fullwood's Rents—on 7th May, at 1.30 p. m., I was making water against a waggon in Commercial Street—I had had a little drink, and was the worse for it—three or four men came behind me; one jiggled me in this way, another clutched my hand, and the other rifled my pockets of three sovereigns, a crown piece, and 6d.—I noticed a scratch on his cheek at the time—they went down Commercial Street and down Flower-and-Dean Street—I was not able to speak for a few seconds—I then complained to a policeman, and went with him to a lodging house in Flower-and-Dean Street—we did not find the prisoner there then, but when we came back into the room he was standing there, and I recognised him, and noticed the scratch on his face I had seen when he rifled my pockets.
Prisoner. You did not state that at the station-house; my face was scratched in the cell when we were locked up together. Witness. They locked me up for being fresh, but not in the same cell with you.
SOLOMON MYERS . I live at 3, Butler Street—I was in Commercial Street, and saw three or four men rush at the prosecutor—I saw the prisoner go to his pockets—I had not known him before—I am sure he is the man—he went down Flower-and-Dean Street, and I told Policeman No. 24.
JAMES CURTAIN (Policeman H 205). On 7th May the prosecutor spoke to me—he was drunk, and I went with him into a lodging house in Cate Street—we went into the yard, and coming back met the prisoner in the kitchen, and Smith identified him, but did not say anything about a mark on his face at that time—Smith said at the Police Court that he did not
recognise him by hie clothes, but by his features and by a scratch on his face—Smith was also locked up for being fresh.
COURT. Q. Was there a young woman sitting on the door-step when you went in? A. I did not notice her, but a young woman at the Police Court said that she was sitting on the door-step of No. 9; this was No. 10—I had not been all over the house; I went through the kitchen to the back yard, and coming back I saw the prisoner—I do not know whether he had followed us—I had not seen him in the street, nor were there people about; just about 2 o'clock it is very quiet—four or five females were in the kitchen when we first went through—they might have called him—Smith did not know at first what he had lost, but on searching his pockets he said that there were three sovereigns and a crown piece, and that in another pocket he had a sovereign and 2 1/2 d. in copper.
Prisoner. My wife and my father went there, and saw the chap what robbed him, who is very like me, and he took all the oaths he could take that all he took from the prosecutor was 18d.; he has a scar on the side of his face. I do not live at home.
Prisoner's Statement before the Magistrate: "I had nothing to do with the robbery. The lad who is here for stealing saws told me he knew the man who did it, and who was talking about it I had not been away from my door next to the lodging all the morning, and I followed them in."
Witnesses for the Defence.
CHARLES CALLAGHAN . I am the prisoner's father, and am a tailor, at 3, Virtue Street, Shad well—two or three females told me that my son was taken—on the next day he had his hearing at Worship Street, and the females who told me of it picked out two persons, and said that they were concerned in it, and that they firmly believed my son was innocent.
MRS. CALLAGHAN. I am the prisoner's mother—on 8th May, three young women came and told me about it, and his father said "Go to the landlord and hear the rights of it; and going along they said to a chap they called Dick, "Dick, poor Billy Callaghan is suffering for you"—he put up his two hands and took an oath that he only took 1s. 6d. from the man—Dick had a scratch on his face.
MARY ANN WILLIAMS . I live at a lodging house, 9, Cate Street—I was setting at the door about 2 o'clock, and saw Smith and the constable go into the lodging-house—the prisoner followed in after the policeman—I sat on the step till they came out again, and then I went to the police-station.
Cross-examined. I did not see anyone run down the street—I was sitting there three-quarters of an hour—I did not see Harriet Tempest while I was sitting there—I had no conversation with the prisoner—there is no way of getting out of the house except at one door—I told the constable that he had been standing by my side for the last half-hour—he came out of the house while I was sitting there, and stood on the step, and I was sitting at the bottom.
HARRIET TEMPEST . I was cleaning out the front kitchen, and the door was open; I saw the prisoner standing there about half-an-hour, and when Smith and the constable came, he came off the step and followed them.
Cross-examined. I could see the front door from the kitchen—there is no passage; there are two kitchens, back and front, and I was really in the same room with the prisoner—this was the front door, and I was
cleaning the front kitchen—he stood there all the time I was cleaning, which was half-an-hour; he had not been out of the kitchen before I began to clean—he did not go out in the street, he only stood on the steps—I did not see or hear anyone run down the street.
Prisoner. It is not likely if I had robbed the man that I should have gone right into the policeman's arms.
NOT GUILTY .
MR. HARRIS conducted the Prosecution.
(The evidence was of a disgusting nature).
NOT GUILTY .
MR. HARRIS offered no evidence, the particulars of this case having been included in the evidence given in the form of indictment.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. LYON conducted the Prosecution.
EDGAR HENRY DIBBEN . I am assistant to William Bowman, a draper, of Ilford—on 16th May, a little after 1 o'clock, something was said to me, and I went to the door and missed a coat Which I had seen hanging outside shortly before—I saw the prisoner running away and no one else near but the little boy who told me—I followed the prisoner, but could not catch him, there were two more with him—Clark, another assistant, was with me, and the prisoner threw him down—I was then within 2 yards of him.
Prisoner. You never saw me till you came to the station; I never Saw you, and don't know anything of you. I was in a court when I was taken.
Witness. He had thrown the coat over the hedge then, but I did not see him do so.
JOHN HARRIS . I am a labourer, of Ilford—on 16th May, I saw the prisoner and two more men run by the Havelock public-house, and Dibben running after them; I ran too, and saw one of them throw a coat; it caught on a hedge, and the prisoner stopped and picked it up, and deliberately threw it over the hedge into the field—I had a clear opportunity of seeing him; I was not further from him than I am from you—I have not the slightest doubt it was the prisoner—this is the coat; I took it back to Mr. Bowman's shop, who recognised it—I lost sight of the prisoner and his companions—I identified the prisoner at the station.
Prisoner. It is false, I was not there.
ALFRED WALKER (Policeman K 344). I am stationed at Ilford—I received information, and went in pursuit of the prisoner; I found him at the bottom of a waggon winch was being drawn towards Ilford—I told him the charge—he said "You have made a mistake this time, I did not steal a coat"—I took huh to the station.
JURY. Q. How far did you take him from where the coat was stolen? A. About half a mile—I caught sight of him, but he got out of my way.
Prisoner's Defence. What they have said is all false.
GUILTY .—He was further charged, with a previous conviction at Worship Street, in December, 1872, in the name of Alfred Smith, to which he
PLEADED GUILTY**— Eighteen Months' Imprisonment.
MR. LANGFORD conducted the Prosecution; and MR. F. H. LEWIS the Defence.
WILLIAM GOODWIN (Policeman 201). I am stationed at Walthamstow—on the evening of 6th June, about 9 o'clock, I saw an altercation between the prisoner and Parker, who said "This man has taken some things out of my shop"—the prisoner said "Let me go, I will pay you for them—Parker said "I shan't let you go till I get the things"—I took a bundle of wood from under his coat, and took him to the station, searched him, and found a packet of tea in the inside pocket of his coat, a 2d. bundle of firewood, and some potatoes (produced)—I read the charge to him, and he said "Mr. Parker, I will pay you for the things."
Prisoner. I said no such thing; I said "I have nothing here but what I have asked for, and what I mean to pay for."
Cross-examined. Parker said "I believe he has got some eggs, too"—I know him, and do not know anything against him.
ELIZA PARKER . I am the wife of Albert Parker, of Walthamstow, a general shop keeper—on 6th June, about 8. 45, my husband called me; I went into the shop in about a minute, and saw him outside the shop, struggling with the prisoner—my husband said he had stolen some potatoes and wood—I said to the prisoner "Give the things up"—he said "I have got nothing"—I asked him again, and he said "I have got nothing, mistress"—a constable came up.
Cross-examined. He did not say "I have got nothing of yours"—he came to visit us occasionally—he was smoking a pipe at our house the night before—he has dealt at our place since he has been at that house, which is, perhaps, two months—his wife comes there, and he frequently takes home the things to her—his wife paid me once for things which he took away without my seeing him do so—I did not see his dog on this occasion.
Re-examined. The article he bought and afterwards paid for, was a halfpound of bacon—I do not know of any contract between my husband and his wife for the supply of potatoes and wood.
ALBERT PARKER . On this night, about 8.45, I saw the prisoner coming towards the shop, followed by a little girl, who asked for a bundle of wood; I served her, and going round the counter to get a candle, I saw the prisoner take a bundle of wood, and put it in his pocket and walk out—he said to the girl "That is nice bacon you have there, I will have a rasher right along, but I have not got the money to pay for it, I will pay when my wifes comes home"—as I was cutting the bacon, I saw him go towards the window, put his hand there, and put something in his pocket—he said "Make it just half-a-pound," and I saw him put his hand into a basket and take some potatoes; he whistled to his dog and went away—the potatoes were about 2 yards from the egg-basket—I do not know why he did not wait for the bacon—I went after him, after calling my wife—I said, "I saw you put some things in your pocket; you have
got some potatoes and wood, and I think some eggs"—he strongly denied it a great many times, and I struggled with him—I know of no contract between his wife and me for the supply of wood and potatoes—I do not know of his taking wood away before—at the station I saw the wood and tea taken from him; it was tea which he took from the window, which I thought was eggs; the packets lay close to the eggs—I gave him no authority to take away the tea—he said at the station "I will pay for them."
JURY. Q. Did you ever trust him before? A. No, but I believe my wife has let his wife have things on credit.
Cross-examined. I was going to trust him with the bacon—I did not speak to him, because I was watching him, and was going to tax him with it—I was going to charge him as a thief, but I should not have given him in charge for stealing a bundle of wood—I did not believe him to be a thief, because we were on the most friendly terms, but when he went away and left the bacon, I thought he was a thief—he went out and whistled after his dog, and when I saw him run out I thought he was going to steal my wood and potatoes—I knew who he was, but he had said nothing about the things—he has smoked once at my place, but not with me, I do not smoke—I have known him a month or six weeks, and his wife a little longer—she has a little property—she has been an occasional customer—the prisoner seems rather a strange man.
Re-examined. He took his key and struggled to get into his house, but I would not let him; I got him back about 40 yards before he was given in custody—I did not know of his having the tea till he was searched—I have never trusted him—I never knew him go to the window and take a packet of tea.
JURY. Q. Did he go out after his dog? A. Yes, but that was his mode to take these things home—I never knew him take a bundle of wood—he has not bought wood of me.
ELIZA PARKER (re-examined). I have given him credit once or twice, but I always have to see what people take in order to book it—the wood stands in front of the counter—if he had said "Mrs. Parker, I will take a couple of bundles of wood," I should book them to him—he would not have to reach very far to help himself to the tea, and the potatoes are sold by weight—tea is sold by the packet—it would be impossible to lift the wood without being seen.
The Prisoner's Statement before the Magistrate: "The contract for the articles was made by my wife. It is a foul charge against me. When I go in I always take two bundles of wood, as I did then. I reserve my defence, and never robbed anybody in my life."
NOT GUILTY .
MR. LYON conducted the Prosecution.
WILLIAM GLOVER . I am a tailor, of Westbury Road, Ilford—on 29th May, a little after 9 o'clock, p. m., I was in the kitchen, having my supper—I heard the rustling of the Venetian blind in my bedroom—a second or two after I heard it violently shaken and I ran up stairs—I did not go into the room, but from the stairs I saw the prisoner and another man in my bed-room—the prisoner had his hand on the window-ledge—I ran down stairs immediately and opened the front door, and I saw the prisoner scrambling
out at the window above me—the window is above the front door, and about 12 feet from the ground—he dropped close to me—I collared him—he struggled violently to get away, and bit me very severely and savagely on the thumb—I called "Help! Police! "and my next door neighbour, Mr. Boswell, came, and we held him together till a policeman came—the other was just leaving the garden when the prisoner dropped down—I went back to the bedroom after I had charged the prisoner, but I did not miss anything—as Boswell and I were holding the prisoner he said "Leave me go, or I will knife you."
Prisoner. Q. Did you hear any talking outside your door at all? A. No—I will swear you were one of the men in my bedroom—you were not in the garden with two others, fighting—I could not have sworn you were one of the men in the room, if I had not caught you as you came from the window.
WILLIAM BOSWELL . I reside at Westbury Road, Ilford next door to Mr. Glover—I am a clerk—on 29th May, a little after 9 o'clock, I heard cries of "Help! "and "Police!"—I opened the front door and saw Mr. Glever and the prisoner struggling in the garden just outside the door—I went to his assistance, and secured the prisoner—we held him for a short time, and then Mr. Glover called out that he had bit him through the hand, and he left go—we struggled and fell—and the prisoner said "If you don't let me go I will knife you"—Mr. Glover again caught hold of him, and we held him till he was secured by a constable.
Witnesses for the Defence.
MRS. MINGEY. I am the wife of Martin Mingey, of 32, Johnson Street, Millwall—I went with the prisoner and his wife to Stratford the day he was taken—we went to Stepney Station first, and took a trap from there and went to Stratford—on the way we met two men, between Stratford and Ilford, and they got up in the trap—we stopped at the Red Lion, and they began quarrelling there—they stopped again and began quarrelling again, and said the prisoner was not fit to drive, and they would not let him drive from the Red Lion—they went to another house; I don't know the name now; and began quarrelling again—they had some more drink, and the prisoner ran down the road, and they ran after him—we heard no more until we heard someone calling "Police!"—the other two men got up in the trap and drove on—the driver said the prisoner was drunk, they would have nothing to do with him, and they were so much behind time.
Cross-examined. It was a four-wheeled trap, and held six of us—the prisoner's wife went home in it—the man owning it drove us away—this was on Thursday the 29th—the prisoner was very drunk indeed.
WILLIAM RAWLINGS . I saw the prisoner about 8.30 on the evening of the 29th, with two females and three males, in the Coach and Horses, Ilford Road—he was very drunk, and had his coat off, in the act of fighting. The prisoner, in his defence, stated that he was drunk, and ran into the garden away from the two men, when the prosecutor seized him and charged him with this offence.
GUILTY .—He also PLEADED GUILTY** to having been convicted in July,
1866, at Maidstone. The prisoner stated that since his conviction he had kept a greengrocers shop; that he was constantly under the watch of the police; and had obtained an honest living.— Judgment respited.
MR. COLERIDGE conducted the Prosecution.
ELIZABETH WOOLFE . I am the wife of Richard Woolfe, a butcher, of Wellington and Deptford—on a Sunday in April I served the prisoner with a pound of steak, which came to 8d—he gave me a florin, which I put in the till, where there was no other money—about half an hour afterwards I found it was bad; no other florin had been taken—I put it in a vase where there was no other florin—on 7th May the prisoner came again, for some liver, which I had not got; he bought two pounds of chitlings, which came to ML, and gave me a florin—I tried it in the tester, and it broke—I showed him the other, and said that this was the second bad one he had given me—he said "It could not be me"—I gave him in charge with the florins.
Prisoner. You said nothing about your till being empty till somebody told you to say so. Witness. Nobody told me to say so—I believe I was asked the question before the Magistrate—the change came out of my pocket, because the till was empty; my husband had cleared it.
LAVINIA FARRANT . I am thirteen years old, and am the daughter of the last witness—on a Sunday, in the beginning of April, I saw the prisoner in the shop, between 11 and 12 o'clock—he asked for some pieces, and gave my mother a florin, which I afterwards saw her put away—on 7th May the prisoner came again, and I recognised him—I fetched my mother from the back room; she served him, and, he gave her another coin—she broke it, and told him about his having been there before.
Prisoner. Q. You were in the shop alone, and did not I ask you to fetch your mother? A. Yes.
GEORGE WALLACE . I took the prisoner, and received these two florins from Mrs. Woolfe—I asked him how he came by the first—he said he knew nothing about it, and that he did not know how he came by the last.
Prisoner's Defence. I had the misfortune to take the florin. I did not know it was bad.
NOT GUILTY .
MR. HOLLINGS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
He received a good character.
NOT GUILTY .
MR. HOLLINGS conducted the Prosecution.
The prisoner having stated that he would plead guilty to unlawfully wounding, the Jury found him GUILTY of unlawfully wounding .— Six Months' Imprisonment.
MR. FRITH conducted the Prosecution.
GUILTY — Ten Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
436. MARIA COOPER (34), PLEADED GUILTY to feloniously taking away and detaining Albert Faith, a child under the age of fourteen years, with intent to steal his clothing.— Five Years' Penal Servitude. And
437. MARY COTTER (40) , to burglariously breaking and entering the dwelling-house of Ann Jordan, and stealing therein six mantles, her property, after a former conviction at Cardiff, in July, 1871.— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
438. HENRY RIDLEY (9), CHARLES LOUNDES (7), RICHARD TOMLINSON (10), and ALFRED ROBINSON (9) , Breaking and entering the counting-house of George Jacques, and stealing therein four pairs of compasses, two pencils, and other articles, his property.
MR. ST. AUBYN conducted the Prosecution; and MR. STAFFORD the Defence.
GEORGE JACQUES . I am a builder, of Upper Kennington Lane, and have an office in Aubyn Street—on 31st May I left my office safe; I returned on Whit Tuesday, and found the windows broken enough to allow a lad to get in—I missed some articles, and informed the police.
Cross-examined. I have got the articles back.
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WALTER STUBBS . I live at 10, Marigold Street, Bermondsey—the prisoner's wife is my sister—on 9th March, I came out of a beer-shop and saw the prisoner pulling my sister about in a brutal manner—I asked him to leave off, but he would not—he pulled her across the street, and I went across and stooped to pick her up—he struck me on my forehead with a knife, and twice on my face, and twice on my coat—this (produced) is my coat—I was in Guy's Hospital three days, and thirteen days at home—I am still under the doctor.
Cross-examined. A crowd of 200 people were following her—I had not struck him, I only told him to leave my sister alone—I never touched him—I did not hear him cry "Murder! "and "Police! "nor did he while I was there—my brother William was with me; he came to the public-house and told me my sister was being insulted—he did not strike the prisoner while I was in his company—he is not here—I did not say I would do for the prisoner, nor did my brother, in my presence—my mother did not say "Bill, don't let Ellen go with Ted"—my brother did not run up to my sister and catch hold of her, while I was there, but I don't know what took place before I was fetched—I did not see whether the prisoner was hurt; I was not in his company three minutes—I did not knock him down—I had no mates—I did not carry my sister to Jamaica Row; I had not strength—I pulled her away—I did not kick the prisoner in the back.
the prisoner and his wife coming along, and a mob following them, till they got to St. James's Church, where he went up to a policeman, and said "I will give my wife in charge, because she will not go home along with me"—they passed down Blue Anchor Lane, and came opposite the Seymour Arms—the policeman said "If it is your wife, take her home, as you ought to; that is the nearest way"—they went about 200 yards, the mob following all the way, halloaing and hooting—they got inside the mob, but whether they had a scuffle or not, I cannot say, for I stood about 10 yards outside, and he came out with a knife in his hand, and stabbed a little boy, named Grant, in the neck—I rushed and took the knife away—I saw him make a blow at Stubbs.
Cross-examined. The mob were a pretty rough lot, about 200 of them; Stubbs wanted to take his sister away, and I saw the prisoner make a shove at him, as if to shove him away from his sister—the prisoner came to the edge of the kerb like this; the boy was coming by, and he stabbed him quite accidently—I heard him shouting "Police! "and "Murder!"—everybody could hear him—he went about 200 yards down the hill with his wife, and the mob followed.
Re-examined. I took the knife home and afterwards gave it to the policeman—a man came up and said "Take no notice of it, constable; it is only a family affair."
THOMAS GRANT . I live in Salisbury Street—about 8.30 I saw a mob opposite the Grosvenor Arms, and saw the prisoner and his wife run down the lane with a mob round them—I followed, and saw Stubbs there; he went through the mob to lay hold of his sister, and I saw the prisoner out with a knife and stab Stubbs in the back; he then stumbled on the kerb, and the knife went into my thigh—he did not aim at me, it was accidental.
Cross-examined. I cannot say whether he was thrown to the ground before he used the knife—I did not see him on the ground—there were a great many roughs.
Cross-examined. I saw a great crowd following the prisoner—I spoke to him, and he went away quietly with his wife—it was rather dark, but the lamps were alight—I did not hear him crying out—I do not know whether the prisoner was very much hurt.
WILLIAM MARSHALL (Policeman P 305); I took the prisoner, and charged him with wounding—he said that he had not stabbed anybody, he could do enough with his fists—I took him to the station—Blake brought this knife there.
Witness for the Defence. MRS. TUCKER. I am married, and lire at 54, Cherry Gardens—I did not see the stabbing, but I saw the prisoner cruelly ill-used—I saw William Stubbs pinch him in the most cruel manner, and several others besides—the prisoner did not do anything, he only called out for the police, and to let him go away with his wife—about 150 people were following; and William was not satisfied with doing that, but he fetched his brother Walter out of the house, and I heard William say that he gave him a b----y good one that time.
The Prisoner received a good character.— GUILTY of unlawfully wounding .—Recommended to mercy by the Jury on account of his good character, and the provocation he received.— Judgment respited.
MR. GRIFFITHS withdrew from the Prosecution, it appearing that the death arose from an accident.
NOT GUILTY .
Before Mr. Deputy Recorder.
MR. COLLINS conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Colney.
NOT GUILTY .
442. WILLIAM FRANKENSTEIN (21) , Burglariously breaking and entering the dwelling-house of William Wheatcroft, and stealing therein twenty-two hairbrushes, perfumery, and other articles, and 5s. in money, his property.
MR. LILLET conducted the Prosecution.
WILLIAM WHEATCROFT . I am a hairdresser, of Dover Street, Southwark—up to Monday, May 20th, the prisoner was in my employment—I gave him notice on the Saturday previous to leave in a week; instead of that he left on the Monday night, when I was absent—I saw him on the Tuesday, talking to the errand-boy, just as he had closed up the shutters—I told him it was very unhandsome of him to leave me in the way he did, he ought to have stayed the week—I said "It would serve you right if I gave you a months' imprisonment for so doing"—he went away, and told me he was going to work at Barnes—my shop was closed a little after 10 o'clock that night, with, a lock, two bolts, and a piece of wood jammed in as well—I saw it fastened—about 1 o'clock I was called up by the police ringing the bell, on going down I found the inner door of the shop open, which I had locked before going to bed—I missed about a half-dozen bottles of perfume, and about a dozen 1s. bottles, twenty-two hair brushes, a dozen brilliantine bottles, and a quantity of hair which had been tied up in paper and in an old apron of my wife's—I also missed 5s. in money and some small articles—on the Saturday following, in consequence of information, I went to Mr. Thomson's, a hairdresser, in Goswell Road—I had not been there a minute before I saw the prisoner offering the hair for sale—I identified it—it is worth about 60s. a pound—it is natural hair—as the prisoner passed me he said "All right, Mr. Wheatcroft"—a policeman was there, and took him off in custody—the total loss of property was about 50l.—there are eight brushes of mine which are produced by the police, and which were in my shop, and these scissors which had been ground the week before—the prisoner had been with me two or three months, he lived in the house and knew it well.
Prisoner. I had the hair given to me.
JAMES THOMPSON . I am a hairdresser, of Goswell Road—between 10 and 11 o'clock on Saturday, 24th May, the prisoner came there with some human hair, and asked 10s. a pound for it to take the lot, which was something like 14 or 16lbs.—the fair price in the trade would be 3l. or 4l. a pound, for hair of that quality—I said I should not buy on my own responsibility, that I should like to ask my son, who would be in in the evening—the prisoner said he would call again—I communicated with the police, and Mr. Wheatcroft came afterwards—the prisoner came in between 6 or 7 o'clock but he did not, take the hair out of the bag—he was opening the bag—we could see the hair—he said "All right, Mr. Wheatcroft."
ROBERT POTTER (Detective Officer M.) I apprehended the prisoner at Mr. Thompson's, he had the bag in his hand containing hair—I told him I should take him for breaking out of Mr. Wheatcrofts premises, on the night of the 22nd, and stealing 16lbs. of hair, and other articles—he said he knew nothing about any hair—Mr. Wheatcroft came in about a second afterwards and said "That is the man that used to work for me"—the prisoner said "All right, Mr. Wheatcroft."
RICHARD KIMBER (Detective Officer M.) On Saturday evening, about 7 o'clock, from information I received I went to 5, Joseph Street, Commercial Road East—the prisoner had been lodging there with his sister—I found a pair of scissors, eight hairbrushes, and this apron, which the prosecutor identified—on the 26th, the Monday following, I went to Mr. Simmons', 91, Tottenham Court Road, and found this hair, which he also identifies—the prisoner said he had sold the hair at the West End—he said he was hakwing it for a party.
Prisoner's Defence. I went to a music-hall on Wednesday night, and came out about 11 o'clock, and met a young man in Leman Street; he said "Do you know Mr. Wheatcroft?" I said I did, and he gave me that bag, and says "Wait & minute." I waited an hour, and a policeman said "What are you waiting for?" I said I was waiting for a young man who had given me the bag, and I went home at 1 o'clock. I did not look at the bag for two days; I then looked, and the eight brushes, the scissors, and apron, and hair, were all packed together. I went to try and sell the hair.
GUILTY — Five Years' Penal Servitude.
MESSRS. POLAND and O'CONNOR conducted the prosecution.
MARY MARK . I am barmaid at the Sun public-house, Mason Street, Westminster Bridge Road—on, 7th May, the prisoners came in between 9 and 10 o'clock in the evening—May called for a pint of beer, which was 2d—he gave me a half-crown, and I gave him 2s. 4d. change—I put the half-crown in the till, where there was no other silver—I had taken the 2s. I gave him out of the till—they drank, the beer and went out together—after they had gone, the landlord went to the till, saw the half-crown, bent it, and went after the prisoners—he could not find them at first, and he went out again and came back with them, and they were given in custody.
WILLIAM SKILLER . I am landlord of the Sun—on the night of 7th May, between 9 and 10 o'clook, I saw the prisoners drinking in the bar—I had cleared the till out about 5 or 10 minutes before, and left 2s. in it—after the prisoners left, I went to the till and found a bad half-crown—I went after them, but could not see them—I went back into the house, came out again, and saw them together nearly opposite the house—I said "You are the very persons I want, for giving me a bad half-crown"—Mills said "What business have you to stop us?"and put himself in a fighting attitude—two of my customers came out and one detained one and the other the other—I went for a policeman, and gave them in charge with the half-crown.
two paper collars at 1 1/2 d.—he gave me a florin—I had not change, and gave it to a little girl five yean old, named Macket, who went next door to Mr. Denham's to get change—Mr. D'enham came back with the girl—Mills was still in the shop—Mr. Denham put down the florin, and said "It is bad, Mrs. Philips "and he turned to the prisoner and said "and you know it"—. Mills said nothing—he said "If you will detain this man I will go for a policeman; lock the door"—he went out, and I locked the shop door—Mills sprang and unlocked the door, flung me aside, and ran off and escaped—I did not see him again till he was in custody about the half-crown—I gave the florin to Mansfield.
Mills. Q. Can you swear I am the man that came into your shop? A. Yes; I saw you in the cell and recognised you, but I felt sorry for you; I turned to the gaoler, and said I could not swear to you.
JOHN DENHAM . I keep a grocer's shop at 11, Durham Street, next door to the last witness—on 7th May, a little girl named Macket brought me a florin—I put it in the tester and found it was bad—I went next door to Mrs. Philips, and saw the prisoner in the shop—I put the florin on the counter, and said he knew it was bad—he said nothing—I went to get a policeman, and told Mrs. Philips to secure the prisoner and lock the door—when I came back he was gone.
JOHN MANSFIELD (Policeman L 70). I took the prisoners—May said "I have not been in the house; I know nothing at all about it"—they were taken to the station and searched—on May was found one shilling and 5d. and on Mills ten sixpences, four shillings, and 1s. 7d. in copper—I produce the half-crown received from Mr. Skiller, and the florin received from Mrs. Philips.
The prisoners stated in their defence that they were in the public-house, but they did not know the half-crown was bad.— GUILTY — Nine Months' Imprisonment each.
Before Mr. Baron Pigott.
MR. BESLEY conducted the Prosecution; and MR. DOUGLAS the Defence.
GUILTY of the attempt .— Eighteen Months' Imprisonment.