CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 27TH, 1873.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, October 27th, 1873, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW , BART., LORD MAYOR of the City of London; The Hon. SIR THOMAS DICKSON ARCHIBALD , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. SIR GEORGE ESSEX HONYMAN , Bart., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS SIDNEY , Esq., JOHN CARTER , Esq., F.A.S. and F.R.A.S., Sir THOMAS GABRIEL , Bart., and SIR THOMAS DAKIN , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN, Esq., JOHN WHITTAKER ELLIS, Esq., and JAMES FIGGINS , Esq., M.P., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; 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.
CHARLES WHETHAM, Esq., Alderman.
CENTRAL CRIMINAL COURT.
WATERLOW, MAYOR. TWELTH SESSION.
A star (*) denotes that prisoner's 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, October 27th, 1873.
Before Mr. Recorder.
625. CHARLES MAY (19) , PLEADED GUILTY to feloniously forging and uttering two receipts for the payment of 1, 900l. and 430l., with intent to defraud— Seven Years' Penal Servitude. The prisoner PLEADED GUITLY to stealing the said sums at the last Session. See page 442.
626. FREDERICK CURTIS (35) , to six indictments, one for forging and uttering a cheque for the payment of 200l., with intent to defraud, and also stealing a watch and various articles of Mortimer Hancock and another, his masters— Judgment respited. [Pleaded guilty: See original trial image.]
628. WILLIAM BROWN (31) , to burglariously breaking and entering the warehouse of Samuel Dedman Cox, with intent to steal, having been before convicted in July, 1866**— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
630. WILLIAM WARREN (19) , to stealing fifty yards of cloth, the property of Thomas Warren, having been before convicted in October, 1872*— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And
631. HENRY RAWLINGS (20) , to two indictments for forging and uttering two orders for the delivery of goods, with intent to defraud.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. WILDEY WRIGHT conducted the Prosecution; and MR. FRITH the Defence WILLIAM ALLCOCK. I am an accountant, and live at 7, Southerton Road, Hammersmith—on 2nd July I went to the Castle public-house, Portugal Street, Lincoln's Tnn Fields, to see a gentleman—I saw the prisoner there; I had seen him before, but never spoke to him—he produced this pawn ticket to me, and asked for a loan of 2s.—I said I was not in the habit of doing this sort of thing—he said he was hungry, or something of
that description—I said "I suppose it is all right and genuine"—he said "Yes, and if that money is not to be repaid in the course of a few days you can redeem the pledge"—I lent him the 2s.—I kept the ticket till 1st September, and on 1st September I sent it to Attenborough's—it had Attenborough's printed heading on the top—the ticket was stopped—in consequence of what I heard, I went in search of the prisoner—I saw him that same day at the Castle—I told him there was some mistake about the ticket; that it had been detained, and Attenborough's had sent down to know where I had got it from—I asked him to go with me to Attenborough's—he said he would see me b----first—I gave him into custody some few days afterwards, I gave him another chance of accompanying me and the policeman—I have never seen the prisoner write—I saw a letter that he produced at the Police Court, and which he said he wrote that morning—I saw him hand it to the solicitor for the prosecution—I have compared that letter with the writing on the ticket, and I have not the slightest doubt the writing is the same.
Cross-examined. I have known the prisoner on and off about twelve months, but not to have any conversation with him—I did not know where he resided, or what his occupation was—I did not think I was making a good bargain by this.
WILLIAM BENNETT . I am assistant to Mr. George Attenborough, pawn broker, of 193, Fleet Street—this duplicate is one of our genuine forms, as far as I can tell—there was no watch pawned for 4l. 10s. on 29th June—I know the handwriting of all those who are authorised to fill up duplicates at our place—I think the 29th was on a Sunday—it is not in the handwriting of any body in Mr. Attenborough's establishment—it is a forgery—if we issue a ticket for 4l. 10s. it would not be on this form—it is only used for a loan of 10s. or under—I can't say how this form could have been obtained unless it was stolen off the counter—we do not keep them on the counter as a rule.
Cross-examined. We have several places of business—we put different addresses on the tickets—if we are busy in the pawnbroker's shop, we do not call in assistance from the jeweller's shop—we do not frequently change our hands—I have not got our books here.
ALBERT PLAYER (Policeman E 252). On 1st September the prosecutor gave the prisoner in my charge for obtaining money by a ticket which was not true—the prisoner asked if he meant to press the charge—he said he should if he did not go with him to the pawnbroker's and explain the affair—he said he should not go there—finding that Allcock was going to press the charge, he asked him to let him go, and he would return the 2s.—Allcock said "I can't let you go now," and I took him to the station—I was present at Bow Street and heard the prisoner state that he had written this letter that morning—he handed it to Mr. Hope, the solicitor for the prosecution—I have compared the handwriting of that letter and that on the duplicate, and I believe it is the same.
Cross-examined. I have never seen him write, nor seen his writing before. The Prisoner's statement before the Magistrate: "I got the ticket from a man of the name of either Parkins or Parker. He goes by the name of "Scotty;" he told me he always pledged things in my name. I wrote that letter to Mr. Hope, to ask him for a half-crown for having introduced a friend of mine to him at the Croydon Assizes."
GUILTY — Three Months' Imprisonment.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
JOSEPH HALES . I am a fishmonger, of 112, Drury Lane—on Friday, 19th September, the prisoner came in for a penny basin of eels; he paid with a florin—I gave him 1s. 11d. change—I put the florin into the till with a half-crown and sixpences; there was about 6s. there, but no other florin—about an hour after the prisoner came in again, with a tall man; he made as if he was drunk—he called for two penny basins of eels and two potatoes; that came to 3d.—I served him—he put down a florin—I took it and broke it—I then walked round the counter and asked how many he had of these?"this is the second you have given me to-night"—the other man said he would go and get some good money—a constable was sent for, and the prisoner was given into custody—I gave both the coins to the constable.
HENRT WALKER (Policeman). The prisoner was given into my custody by Mr. Hales, for uttering bad coin—he said he was very sorry; he did not know it was bad—he appeared to have been drinking, but he knew what he was about.
Prisoners Defence. I did not know the coins were bad—I was never in the shop but once.
GUILTY .— Six Months' Imprisonment.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
MARY ANN HOSKINS . I am barmaid at the Northumberland Arms, Russell Street, Covent Garden—on 2nd October, about 8. 15, the prisoner came and asked for 2d. worth of gin-and bitters—he tendered a 2s. piece in payment—I put it in the detector and found it was bad—I told him so—he said "Is it I am sorry, I was not aware of it"—he said he had taken it from a house in Tottenham Court Road, but he did not mention any name—he asked if I would have good money for it, and he offered me a halfcrown; I refused it, sent for a constable, and gave him into custody, with the money.
HENRY VOYSEY (Policeman ER 26). The prisoner was given into my custody for uttering a counterfeit florin—I searched him in the bar—I found on him an American cent piece, a half-sovereign, a half-crown, and 2d. was on the counter, which the prisoner had taken out of his pocket—there was a hole in one of the pennies—he was taken before the Magistrate, remanded, and discharged—he gave the name of Charles Dickens.
CHARLES WEBB . I am night porter at White Horse Chambers, Fetter Lane—on 10th October, between 1 and 2 o'clock in the morning, the prisoner came there for a bed; it cost 6d.—he gave a florin in payment—I gave him 1s. and 5d., because he wanted to pay a penny to be called early in the morning—he objected to the coppers, and I took them back and gave him 6d.—I put the 2s. piece he gave me along with my other money—I had no other 2s. piece there—I afterwards gave it to Mr. Pyne, my master—I saw him again next night, and he gave me a bad shilling—Mr. Pyne was standing by my side as he came in, and I nudged him and drew his attention to him—I recognised him immediately he came in—I handed the shilling to Mr. Pyne.
there—I saw him put down a shilling to Voysey, who handed it to me—I afterwards handed it to the police—I put it in my teeth first, and found it was bad—I said "This won't do; it is a bad one; where did you get it from?"—he said "I know where I got it from, I will take it back again"—I asked where he got the 2s. piece that he gave the night porter—he said "Oh, you are making a mistake"—I sent for a constable, and he was given into custody, with the money.
GEORGE SCARBOROUGH (City Policeman, 277). I was called to take the prisoner into custody for uttering a bad shilling—he said it was a mistake—he said he had got it from a public-house in Oxford Street—on the way to the station he said it was in Tottenham Court Road—at the station I found on him a five-shilling piece, a half-crown, a shilling, seven sixpences, and 2s. 4d. in copper, good money—I also found on him an American cent.; one of the pennies had a hole in it—I asked where he lived—he said he had no fixed residence—I produce the counterfeit florin given me by Mr. Pyne, and the shilling.
The prisoner put in a written defence, stating that he had received the bad money from some man that he met with.
GUILTY .— Nine Months' Imprisonment.
THOMAS CHRISTIAN WRIGLEY . I am a warehouseman, residing at 6, Clarendon Terrace—between 1 and 2 o'clock on the morning of 14th October, I was in Great Winchester Street, where there was a crowd looking at a fire—I saw the prisoner there; he put his hand across and took my watch from my pocket—I tried to get it from him—he held it in his right hand and pushed me with his right elbow—he took the watch out of his right hand with his left, and passed it behind him—I secured him till the officer came.
Prisoner's Defence. I never had his watch, if I had it the policeman must have seen me give it to somebody.
GUILTY .**—He also pleaded guilty to having been before convicted in July, 1872.— Seven Years' Penal Servitude.
MR. COLLINS conducted the Prosecution; and MR. RIBTON the Defence.
WILLIAM KITCHENER . I live at 55, Princes Street, Marylebone—on 27th September, about 12.30 at night, I was walking along Princes Street—I had had a slight drop—the prisoner came up and asked me what time it was—I took out my watch to tell him, he seized it and hit me violently on the hand and carried off the watch—he struck me in the chest and knocked me down—the fall loosened my teeth—I followed him, calling "Stop thief!" and he was stopped by a constable—I was afterwards shown my watch, it was worth about 71.
Cross-examined. He hit me with his clenched hand—the prisoner did not give me sufficient time to look at the watch to tell him the time.
MR. RIBTON stated that he could not dispute the facts.
GUILTY — Twelve Months' Imprisonment.
MR. RIBTON conducted the Prosecution.
BENJAMIN HUTCHINGS . I am a private in the 3rd Grenadier Guards, stationed at the Tower—on a Saturday morning, at 10. 30, I missed a table cloth out of the barrack room—the prisoner slept in the same room—I had seen the table cloth safe the day before—I saw it on Monday morning at Notting Hill—I can swear to it—I made it myself—it is worth 21.
Prisoner. Q. Have you any mark about it? A. I never saw anything like it before in my life.
ROBERT DURRANT . I am a sergeant in the Grenadier Guards—I have seen Hutchings making this table-cover from day to day—it is not quite finished, it wants the lining and the fringe round the edges—the prisoner never made such a thing—I never saw him touch a needle yet.
Prisoner's Defence. It is mine. I made it.
GUILTY — Eight Months' Imprisonment.
MR. LILLET conducted the Prosecution.
HENRY WOODCOCK . I live at 8, Circus Street, Marylebone—I am out of business now—at the time of this marriage I kept a beer and wine-house—I produce a certificate of the marriage of Thomas Pike and Frances Ince, on 9th March, 1853—it was given to me by Mrs. Pike—I don't know whether she is here.
HARRIET WOODCOCK . I live at St. Mary's Square, Paddington Green—on 10th August last I went through the ceremony of marriage with the prisoner at All Saints, Battle Bridge—he told me he was a widower—we went to live at 25, Caledonian Road, and about five weeks afterwards we removed to 16, St. Mary's Square—I first heard that he had been married before on the morning he was taken—I saw the wife—the prisoner was present—she said he was her husband—he said he did not recognise her—at the police-station he said he had been very much tormented by her for the last thirteen years, and had maintained her up to the last few months, and that he would sooner be hung for her than support her, she had worried him out of the last dozen situations—the wife said he had behaved very badly to her, and it was about ten years since he had left her, he lived with a person, but she was not his wife, they were not married—I can't say whether he contradicted her or not.
Prisoner Q. When was it I told you I was a widower? A. The first time I saw you.
ELIZA INCE . I am a widow—I know the prisoner—I have not seen him for eighteen years—I was present at a marriage which took place between him and Frances Ince, who was a cousin of my husband's—I saw her last Saturday evening—they were married on 10th March, 1853, at St
Clement's Dane, in the Strand—I was one of the witnesses, and Mr. Thomas Hughes—they lived together ten years, I believe.
WILLIAM SMITH (City Detective). I took the prisoner into custody on the morning of 11th October—he was fetched out of a shop in the Edgware Road—I told him I was a police officer, and was going to take him into custody for marrying Miss Woodcock, his wife, Mrs. Pike, being now alive—he said "I have not lived with her for thirteen years, and I hope I shall never see her again"—I took him to the station and fetched Mrs. Pike—she said "That is my husband, and he left me about nine years ago, and he behaved very bad to me"—the prisoner made no answer to that—Miss Woodcock was present.
Prisoner. Q. Are you sure it was nine years she said? A. Yes, it was not fourteen—you did not deny her and say "She is nothing to me"—I did not hear you—I went to the table to make a short report at the time.
Prisoner's Defence. I am here an innocent man. This woman is nothing to me, although I have kept her. I have been miserable this last twenty years. I did not do anything underhand, and I consider I am innocent of this charge.
GUILTY — Twelve Months' Imprisonment.
NEW COURT.—Monday, October 27th, 1873.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution.
SARAH SMITH . I am landlady at 24, Ware Street, Kingsland—Tipper took a back kitchen of me about five months ago, at a weekly rent, which she paid regularly up to Friday, October 10th—I saw Brown the first day the room was taken—she was with Tipper then—she assisted her to move the goods, and lived with her from that time—Law came on the Sunday but did not stay all night, but on the Monday he did—he was there for four nights, from the 5th to the 10th—Tipper told me she was a feathermaker, but I did not see any feathers—I was at the house when the detectives came, and in consequence of information I gave them they burst open the door.
Law. Q. As I went into 24, Ware Street, did not you say you wished to speak to me? A. Yes—I told you the two female prisoners were locked up for having shawls in their possession which they could give no account of—you asked me to allow you to stop there the night, as you wanted to get back next morning early to your work—I said that you must stay in their room—you wanted to stay in the passage, but I would not allow it—you had been staying since the Monday night in that room—there was one bed there.
CHARLES STEPHENS (Policeman Y R 41). On 10th October, about 4.30 p. m., I was under the railway arch, College Street, Kentish Town—I saw the two female prisoners standing at the corner of College Street, talking to one another—Tipper had a black and white shawl on as she has now, and Brown had a black jacket—I afterwards saw them go in the direction of Holloway, and saw Tipper beckon to Brown who went across the road, took a shawl from her back, and placed it under her apron—she joined Tipper—I stopped them, and asked Brown what she had got under her apron—she
said "Find out"—I asked her again, and she said "A shawl"—I said "Where did you get it from?"—she said "I bought it"—I said "Where did you buy it from?"—she said "At Clerkenwell"—whilst I was talking to Brown, Tipper ran back in an opposite direction—I called her, and she stopped—when she came up, I asked her what she knew about the other woman—she said "So help me God, I never saw her before in my life; I know nothing of her"—they both denied seeing one another before—I took them to the station and charged them with stealing the shawls—Tipper gave her address 24, Ware Street, Kingsland Road—Brown refused her address—whilst at the station, the female searcher came into the charge room with Tipper, and I saw her place a purse, 1s. 3d. in good silver, and four counterfeit florins wrapped up in separate pieces of paper—I found a piece of paper afterwards at the lodgings, which corresponded with the paper wrapped round the coins—I went to Ware Street about midnight with Austin, and saw the landlady, and in consequence of information I received from her, I went to the back kitchen and knocked at the door twice but received no answer—we then burst open the door, and found Law in bed—there was only one bed—there was a candle on a chair—I lit it and told him I should charge him with being concerned with Tipper and Brown with having counterfeit coin in their possession—he said "I know nothing about them, I have only known them a few days"—I found 8s. 5d. in silver and bronze in a box on the mantel-shelf, good money, and a piece of paper corresponding with the other paper I have mentioned—I searched the place two or three days afterwards, and found a spoon and some white metal—we took Law to the station, but found nothing on him—I asked him if he knew anything about the things that were found—he said "No "and he knew nothing about what was in the room—he had only known the women a few days.
GEORGE AUSTIN (Policeman T R 30). I went with Stephens to 24, Ware Street—I searched a cupboard in the back kitchen, and found eight counterfeit florins, not quite finished, in a piece of rag inside a stocking—on the same shelf I found a mould for making the same, I also found a parcel containing silver sand, a file, and some copper wire on the mantel-shelf—Law said he was staying in the house merely as a friend.
MARY JARVIS . I am female searcher at Kentish Town police-station—I searched Tipper and Brown—I found four bad florins on Tipper, which I gave to the-superintendent, and 2s. 6d. and some coppers on Brown, in good money.
WILLIAM WEBSTER . This is a mould for a florin of 1860—there are eight counterfeit florins unfinished and four finished, from that same mould—here is a spoon with some white metal in it of the same kind as the coins, and here is a file with white metal, showing it had been used very recently—the copper wire is for forming a small battery to silver the coins. Brown's Defence, I am innocent.
Lavfs Defence. I am quite innocent of the charge.
MR. COLERIDGE withdrew the charge against LAW.
NOT GUILTY .
BROWN— GUILTY — Two Years' Imprisonment.
MR. COLERIDGE, for the prosecution, offered no evidence.
MESSRS. COLERIDGE and DE MICHELE conducted the Prosecution. WILLIAM SMITH. I am a chandler, of 16, Mercer Street, Long Acre—on 11th October, a little before 12 o'clock p. m., I saw the prisoner fall and break a pane of glass in my window—I asked him to pay for it; he offered me 2d.; it was worth about 2s.—a policeman came up and said that 2d. was not enough—the prisoner then took a shilling from his trousers pocket and dropped it; the policeman picked it up and said that it was bad, and asked if he had got any more of them—he said that he did not know—the policeman put his hand in the prisoner's pocket and took out a paper packet, out of which I saw the policeman take some shillings at the station.
Prisoner. Q. Was I sober? A. No, but you knew what you were about It was a wet night, and you slipped down.
DANIEL JENKINS (Policeman). I saw a crowd, went up, and Smith told me in the prisoner's presence that he had broken a window, and asked him to pay for it; he took out 2d.—I told him it was not enough, and he took a shilling from the same pocket, he dropped it, I picked it up, and found it was bad—I asked him if he had any more of them—he said that he did not know—I put my hand in his pocket, and found eleven bad shillings wrapped up with paper between them—at the station I found in his trousers pocket twelve more shillings, two loose and ten wrapped up.
Prisoner's Defence. I was in liquor, and kicked a small parcel, I opened it and found money in it. I fell and broke the window. If I had known the money was bad, a policeman would have been the last person I would have given it to.
GUILTY .—He was further charged with a former conviction, in February, 1867, when he was sentenced to Seven Years' Penal Servitude, in the name of Charles Hearthrug, to which he PLEADED GUILTY.**— Ten Years' Penal Servitude.
MR. GRAIN conducted the Prosecution.
LEONARD FOYLE . I am a wool merchant, of 4, St. Paul's Churchyard—on 22nd September, about 5. 45, I was in my warehouse, on the first floor—I heard a noise, went to the first floor landing, looked, down, and saw the prisoner going out at the street door with two pieces of cloth on his shoulder, and another man with one piece—I followed them, and caught hold of the prisoner, he threw down the cloth, and struggled to get away—I took him back, and gave him in custody—the two pieces of cloth were worth 18l.—a bale under the stairs had been cut open, and three pieces taken out.
Prisoner. Q. What did I say? A. That some man had asked you to carry the two pieces to a cab.
WILLIAM WATOHER (City Policeman 493). The prisoner was given into my custody—I searched him at the station, and found a knife and 11d. on him—he said that a gentleman asked him to put the two rolls into a cab.
Prisoner's Defence. A man asked me to put them into a cab, and he put
one piece upon his own shoulder—I told the prosecutor I had got the wrong man, and he said "I stopped you because you are the biggest."
645. JOHN ADAMS MATTHEWS (33) , to embezzling, whilst in the employ of the Post Office, the sums of 10l. and 1l., the moneys of Our Lady the Queen.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, October 28th, 1873.
Before Mr. Common Serjeant.
MR. MOODY conducted the Prosecution; and MR. HARRIS. defended Shepherd.
ALFRED STONE , I live at 15, Salisbury Terrace, Kilburn—on 20th September Upton came there and purchased some articles of my young man—she then tendered me this cheque for 10l., signed "M. A. Wilson," in payment—I asked her where she got it, she said "From Miss Wilson,"—I said "Where does she reside?"—she said "The third house round the corner"—I knew that to be correct—she said that it was for work done by her and Shepherd—I gave her ten sovereigns, and she paid my young man for what she had purchased.
MARY ANN WILSON . I live at Kilburn—Shepherd was In my service—I keep a banking account—this (produced) is my cheque-book—this cheque for 10l. came out of it—it is not signed by me or by my authority—Upton made one dress for me, she Only worked for me once—Shepherd has been in my service two months—I generally locked my cheque-book up, but unfortunately at this time it was in an unlocked cabinet—Shepherd could neither read nor write, and therefore I trusted her—the cheque was passed on the 28th, but I cannot say how long before that Upton was working with me—her sister had worked with me before, and I rather suspected her and did not employ her again—I never left the room while Upton was there—she was in the back room, and the cheque-book in the front room.
Cross-examined. Shepherd was a very good girl—I had a good character with her, but a short one—I always found her honest—I missed my chequebook after Upton had been there, and she was only there one day—I paid Shepherd 12l. a year, and had just given her 1l., and she bought a dress with the money.
He-examined. To the best of my recollection, Upton had no opportunity of going to the cabinet—I was with her the whole time she was there, as, having suspected her sister, I watched her—I saw the sister with a thimble, which I suspected was mine—I cannot say whether that was a week before this.
THOMAS FLEWIN (Detective Officer X). On 24th September, I went to Mr. Stone's shop and was shown this forged cheque—I then went to 9, Canterbury Road, where Upton lives, and found her under a bed—I told her I was
a police officer, and asked her if her name was Mary Upton—she said "Yes"—I told her to come from under the bed; she did so, and I told her I should take her in custody for forging a cheque for 10l.—she said "Yes, I have done so, but I should not have done so if it had not been for Shepherd, who gave me two cheques from her mistress's book, and asked me to change them for her"—I found these three crossed cheques under the bed, and asked her how she accounted for them—she said that they were given to her by Shepherd; to imitate Miss Wilson's writing—I afterwards went to 5, Bromsby Villas, and told Shepherd I was about to take her for being concerned with Upton in forging a cheque for 10l.—she said that she knew nothing about it—she afterwards said that she was very sorry, she had taken two cheques from her misstress's book and given them to Upton—the three old cheques are dated "Jan. 20, Jan. 24, and Sept. 18," they have been paid. Upton. Q. Are you sure I said that I had the cheques given to me that I might imitate the writing? A. Yes.
Cross-examined. Shepherd was very agitated and frightened—she is only 19, and has been led away.
M. A. WILSON (re-examined). These three cheques are in my writing, they were all drawn in 1872.
Upton's Defence. I changed the cheque not knowing it was wrongUpton gave it to me.
SHEPHERD— NOT GUILTY .
UPTON— GUILTY of uttering. — Twelve Months' Imprisonment.
MR. MOODY ofered no evidence.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution; and MR. COOPER Defended Evans.
GEORGE BROWN . I live at 16, New Cavendish Street, Marylebone—on Saturday night, 13th September, between 10. 30 and 11 o'clock, I shut and locked the inner counting-house door—I had a quantity of plate there in an iron chest, which I had seen safe a day or two before—I returned at 9.30 on Sunday morning, and found the inner counting-house door broken, and the place in perfect confusion; the iron safe broken open, both drawers in it broken open, and the contents thrown about—the entry had been effected by a window which was broken—I cannot say whether it was closed when I left on Saturday—the inner counting-house door was split by a chisel—I missed two dozen silver forks, thirty-two spoons, a pair of sugar-tongs, a sauce ladle, a gravy spoon, butter knife, a silver ladle, a plated silver fish slice, a silver dredger, a pair of nut-crackers, fourteen knives, fourteen forks, eighteen hatbands, a coat, a waistcoat, a knife, and a walking-stick.
Cross-examined. I slept over the premises—my house is connected with the counting-house.
came there with a black bag and asked for Mrs. Evans, the other person who lodged with me—he went into the parlour to her.
Cross-examined. She has lodged there nine months—I never saw her bring any one home but a soldier, who she said was her husband—he was constantly there—she is a hard-working industrious woman—I had never seen Williams before.
ANN WEBSTER , I am the wife of George Webster, landlord of the Feathers, Warren Street, Tottenham Court Road—on Tuesday, 6th September, about 8 o'clock, p. m., Williams came in with a black bag, a bundle, and this stick, and asked me to take charge of them—the bundle looked like a coat with a strap round it—he asked me if he could leave them there for a time—I said "Yes," and put them in the bar parlour—when my husband came home I called his attention to them, and we informed the police—Williams was a customer, and I have seen Evans half-a-dozen times in his company, and he told me she was his wife.
Cross-examined. I never saw her with anybody but him, and I saw him a long time before I saw her.
JOHN CROOK (Police Inspector E). On 18th October, after midnight, I was in Euston Road, about 300 yards from the Feathers, and saw the two prisoners—I followed them to the Feathers, and they stood in conversation on the opposite side—Evans then crossed over and stopped at the door, Williams stood in the road, loitering about—I caught hold of him, and by arrangement Marshall caught hold of Evans—Williams said "What do you mean?—I said "I mean to take you for the basket of plate you left here"—he said "Mind you don't make a mistake, it is mine"—we then rapped at the door of the Feathers, and Mrs. Webster, who was there, said in both prisoners' presence, "That is the man who left the bag."—Williams said "It is mine"—I said "You will have to go to the station with me"—Evans said that she did not know anything about the contents of the bag—Williams was very violent on the way to the station, and they both endeavoured to escape, Marshall struck him on the head, and he was quiet after that—I found this coat on him at the station, this knife in his pocket, and a small key—he said "That is the key of the bag," and that it was given to him by a man named Jones—Webster gave me this stick—I found the bag full of plate, and the bundle contained a coat and waistcoat of Mr. Brown's.
HENRY MARSHALL (Policeman E). On 17th October, shortly after midnight, I was in Warren Street, Tottenham Court Road, about half-amile from Euston Street—I had received a description of the two prisoners, and saw them at the corner of Warren Street; they went opposite the Feathers, and after some conversation Evans crossed over and tapped at the door of the Feathers, followed by Williams—I seized her, and the inspector took Williams, who was so violent that I had to strike him—Evans said she knew nothing of Williams, except that he had stayed at her place three or four times—I had not known her before.
HENRY GOLDSTONE (Policeman D 120). On Sunday morning, 14th September, between 1 and 2 o'clock, I was on duty in Manchester Street, New Cavendish Street, opposite Mr. Brown's house, and saw Evans in conversation with a man at the corner of New Cavendish Street—I do not know who, but he was dressed in a high hat and lightish trousers—I am sure of Evans.
Cross-examined. I had not known her before.
was on duty in New Cavendish Street, near Mr. Brown's house, and saw Evans talking to a man—it was about 1. 45.
Cross-examined. I had not known her before.
Williams's Defence. I received this plate and other articles from a person named Jones, about 15th September. He told me that he received them at Doncaster races, and that if I would keep them safe for a week he would make me a present of the coat which they were wrapped in. I put the coat on, and made a small parcel of the other things, put them in a bag and left it at the Feathers. I called for it next morning, and the landlord said he had given it to the police. I could not get any information about Jones. I met Evans, and was going with her to the Feathers to ask what I had better do, and the policeman took me in charge. If I had known them to be stolen I had the whole of Wednesday to escape. I had been wearing the coat for three days in the neighbourhood where it was stolen.
WILLIAMS— GUILTY — Eighteen Months' Imprisonment.
EVANS— NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
RICHARD TEWKESBURY CHAMEN . I am a provision merchant, at Charlotte Street, Fitzroy Square, in partnership with my father—the prisoner has been our traveller for three years, at 6l. per week—it was his duty to solicit orders and collect money, which he handed to me once a week if in the country, and sooner if in town—on 14th December a customer named Ambrose owed us 201., and on 16th December the prisoner paid me 10l. as a payment made by Ambrose—in May, 1873, Ambrose owed us 24l. 16s. 11d., which the prisoner has not accounted for—a customer named Collins owed us 16l. 6s. 7d. in May—the prisoner has not paid us that amount, and it is still to Collins's debit—when the prisoner brought orders home, he gave me the prices at which he said that he had sold the articles, and I entered the prices from his dictation—I made out the invoices in conjunction with him—he used to call them out to me—he had no authority to make any deductions, only 21l. 2 per cent, for cash, if paid within a month—he did not tell me that he had made any deductions in those three bills, and I was not aware that any had been made—there is no foundation for the statement that he was going into partnership with us.
Cross-examined. There had been no suggestion of a partnership—we took a shop in Kennington Road, for a bad debt, and I gave the prisoner 100l. to work it, to pay for goods sent there, some of the goods sent were our own, but we don't sell everything, and we gave him the 100l. to buy other goods—that was not given by cheque, but he deducted it from the sums he received from our customers—I do not know that large sums of money which he received in the Charlotte Street establishment, went into the working of that shop—he could not have lost the amount deficient in 'the time—it was not a very losing business—I have no book here showing the expenditure of the Kennington business—
here was also a shop in Cirencester Place—I am not aware that the prisoner kept it—I supplied that shop with goods—the name is Mrs. West, she is paying us off by instalments now—I do not know that the prisoner had anything more to do with that shop than taking orders there—there was another shop in Noel Street, Berwick Street, but the prisoner had nothing to do with that—I took the shop and put Smith into it, I managed it myself entirely till I sold it—the prisoner had not to pay the wages of the assistants and porters when I was out of town—I always paid them before I left—I went to Aldershot twice with the prisoner, and I have to to pay the hotel expenses now—he did not ask me for money to pay the hotel expenses, and I did not say "You can get some money from some one in the morning, get Mr. Riser to cash it"—this is the first I have heard of it—Mr. Riser is the landlord—the prisoner had money in his pocket which he got from oar customers on the Monday—he collected from our customers on the Monday, and we went into the country on Tuesday—I have been pressing him for cash for nine months—I do not know that in order to give me cash he borrowed money of our customers, there was no necessity—he sent us cash from time to time by post—I did not ask him whether he could manage 500l. by June 1st—he did not borrow 10l. for me from a customer on the eve of the Derby, nor did he represent that he had done so—if I wanted money I should take it from my own cash-box—he did not get an accommodation bill for 129l. 9s., nor did I pay it into the London and Westminster Bank; that was not an accommodation bill, it was money owed by his brother-in-law, St. Aubyn, for goods delivered, and also money which I had lent to the prisoner—I have his book showing the money lent to him, and he gave an I O U to my father, which was returned on his giving us a bill—I think I returned him one I O U, and my father the other—his brother-in-law gave the bill, the prisoner had not to pay it, but he did pay it with our money—the bill was dishonoured and we gave it to the prisoner to take to his brother-in-law—he did not do so, but collected the money from our customers and paid it into the London and Westminster Bank—I don't think he met the bill with a penny of his own money—there was not an open account between us—I do not know that 50l. of that 126l. was drawn out-from the prisoner's own account at the Union Bank of London—I was not aware that he allowed for over charges.—we had a customer named Baden—I am not aware that the prisoner allowed him 10s. overcharge on one occasion—if it was allowed, it will appear in my books—they are all balanced and I do not get any allowance here for that amount—here is only 1s. 8d. discount—I do not find any overcharge in Bufferings' account—I will not say that no allowance has been made, but I will say that none Ought to have been made—Crook's account was closed on January 15th—I don't know why—I did not find that the prisoner was out in his accounts about 400l.—I have been round with him to the customers many times, and I think I went round with him in June, "this year—I did not ask him to make out a book with the account, and I don't know that he did—I gave him in custody on July 3rd—I did not ascertain that he had been making large allowances to the customers when I went round to them, but it was ascertained at the Police Court, I was present—he told me he had made out a book with this account, but I did not know it—I went with him to see his sister, he told me he was 150l. out, and we told him he could not stop with us unless we had some security, and he offered us a bill of sale on his
furniture for 200l. if he stopped with us—we took the bill of sale, and his sister said that she would be responsible for 45l. and her husband for 55l., and her husband wrote to say so—there was a bond to secure the bill of sale, but not faithfully to serve us—I did not believe at that time that he was thousands out—I believed him to be an honest man, and only thought he had got wrong—my father would not accept his brother-in-law in any amount—I am not a partner, I manage the business for my father—the prisoner suggested to give us the security of a bill of 150l. on a legacy of 1,000l.—he was 150l. wrong, and we would not keep him with us unless we had security—the bill of sale was on 30th May, but we applied for further security on account of the heavy amounts the prisoner was receiving, and I didn't think it was enough—I never found out the other amounts till he was given in custody—I had not been round to the customers before my father wrote this letter of 9th June, not with the intention of finding out anything against the prisoner, but I may have been with him to obtain an order—I think I went round to Aldershot with him, but not for the purpose of ascertaining the amounts he received—we never made him responsible for dishonoured cheques, nor had he to sue in his own name for one received from one of our customers—I have heard of no dishonoured cheques but his own, if there were any I should take them on myself—I did not tell him that he must borrow 200l. cash, and I would transfer the bill of sale—we had a customer named Atkins—I did not charge the prisoner with a dishonoured cheque of Atkins for 45l.—Atkins's was a bad debt of 44l., and we took his business in Vauxhall Street for it—I have sold the shop, and received the money—I have not asked the prisoner to furnish me with a book referring to the overcharges—there ought not to be overcharges—we said "Show us the overcharges"—he said "I will" and in the meantime I went out and found out that there were so many other accounts that we gave him in custody—I have never seen this book (produced)—the case has been adjourned for a month, and you have had the opportunity of inspecting our books, but you have not done so.
(Re-examined). No one has inspected the books, although the case was adjourned for the purpose—they have always been ready for inspection—the 100l. advanced to the prisoner does not refer to any of these accounts—I do not think 1, 200l. will cover the deficiency that I have discovered at present—there ought not to be any overcharge, because the invoices I sent out were exactly in accordance with what the prisoner gave me as the prices quoted to my customers.
COURT. Q. Did you give him in custody in July? A. Yes, after I found out this falsehood—I told him I had found out large deficiencies, and that we should give him in charge for embezzlement—he said "Very well" MR. M. WILLIAMS. Q. Did not the prisoner sell the shop in Noel Street for you, and transfer it to Mr. Budge for 751. 1 A. He sold it, and he went and received the money, and paid it to me next morning—he sold it for us—I have not allowed so much off customers' accounts since he has been in custody—we have a customer named Geta—he is here—you must understand that if the prisoner told a customer that he would allow anything I have had to do it, but not since he has been in custody—I don't know that in regard to Atkins he paid 108l. extra for the business besides the bad debt—Atkins made me the offer of the business, through the prisoner, for my bad debt—I sold the business for 40l.—the prisoner told me he bought it for 44l.—I don't recollect the name of the person I sold it to—
the prisoner had the business transferred to his own name, which he had no right to do, and he re-transferred it into mine—I don't know that Mr. Buffery, one of my own witnesses, was present at the transaction between the prisoner and Atkins—I see him here.
MR. LEWIS. Q. Did the prisoner ever tell you that he had paid 108l. for the business? A. No, he said 44l.—anything else was not authorised, and not in my presence.
GEORGE AMBROSE . I am messman to the Royal Engineers at Aldershot"—in December I owed the prosecutor 20l., which I paid the prisoner on 14th December—uo deduction was made in January, 1873—I owed him 24l. 16s. 11d., which I paid to the prisoner on 23rd January, and he gave me this receipt (produced)—he deducted 3l. 3s. 8d., which was to be credited to me on condition I paid him the whole amount that I owed—he said any complaints I had to make I need not write to the firm, but correspond with him at his private residence, and he presented me with this printed, envelope, directed to "Mr. Kingsley, 8, Keith Terrace, Shepherd's Bush"—he said he was about to go into partnership with Chamen & Son, that he had just been left 1,000l., but could not touch it for six months, though he had 750l. ready, and that one of their sons had gone into a large brewery in Staffordshire.
Cross-examined. He allowed me from time to time for over charges made, that extended over the whole time I dealt with him.
Cross-examined. He allowed me from time to time for over charges—I was over charged, and objected to pay unless the over charge was deducted—I received from the prisoner larger invoices than. I had agreed to pay.
GUILTY — Twelve Months' Imprisonment.
649. CHARLES DIEKHANS (22) , Burglariously breaking and entering the dwelling-house of George Rischens, and stealing therein one watch, one bond for 1,000 dollars, a policy of insurance, and other articles, of Francis Racine.
MR. HOLUNGS conducted the Prosecution. The evidence was interpreted to the Prisoner.
GEOROB RITOHBNS . I am housekeeper at 90, Lower Thames Street—on Thursday evening, 2nd October, my wife locked up most of the doors—I have charge of all the offices—I went up both staircases, but I did not go into every room; I went into Messrs. Wrightson and Gazelee's office at 10. 45, locked it up, and put the key in my pocket—I put up the bar to the front door, and put in a wooden peg—I found the bar down in the morning, and the peg on the ground—I then took out Messrs. Wrightson's key to unlock his door, and found this part of a key (produced) in the lock," and the door opened by turning the handle—I did not go further than the threshold, because I saw the safe open—I went to the police at once.
Prisoner. Q. How do you think it possible anybody could get in? A. They must have been secreted in the building, or have sat on a windowledge; there is room for half-a-dozen men in the top water-closet.
CHARLES EDWARD GAZELEE . I am a master lighterman and custom-house agent, in partnership with Mr. Wrightson, at 90, Lower Thames Street—on October 2nd, I left at 5. 45—a 1,000 dollar bond was locked up
in the safe, and all the securities mentioned, they were under my partner's charge—we have got back the bond and a life policy, a gold watch, and the Freedom of the City, and I identify them as my partner's—I arrived at 9. 15 next morning, and found the safe door open, and both our private drawers, from which all the valuables were abstracted.
PETER HARNETT (Police Inspector E). On 6th October, from information I received I went to 4, Museum Street, Bloomsbury, and in a back room on the third floor I saw a box with "Carl Diekhans "on it—I stayed some time, and the landlady pointed out a pocket-book lying on the table as belonging to the prisoner—I opened it and saw in it these American coupons, representing 235 dollars—that was on Tuesday—I stayed the whole of Tuesday night, and the prisoner did not come till 6 o'clock next evening—I told him I should take him in custody for having committed a burglary in the City; a young man explained it to him in German, and he said in English "I can't help it"—I took him to the station and showed him these eight coupons—he said "They are mine"—I asked him for the key of his box, and he gave me this key (produced), I opened his box with it, and found this 1,000 dollar bond, and two scrip certificates, each representing 500l., in the name of Mr. Wrightson; a receipt for 32l., and a pocket-book with "90, Lower Thames Street" written on it—I found on the prisoner 21l. 5s. 3d., ninety-five foreign stamps, a silver watch, a gold chain, a brooch, a pair of tortoise-shell eye-glasses, fifty-one keys, eight of which are pick-locks, a screw driver and chisel, a die, and a lot of other paltry things—everything which was taken from the office was found at the prisoner's, except the stick, which was found at the watchmaker's—the prisoner said that the bond was given to him by a friend of his, a French man, in the City.
HENRY RANDALL (City Detective Officer). On 3rd October I went to 90, Lower Thames Street, and found Mr. Gazelee's office in disorder—this portion of a key was given to me, and also a broken pick-lock, similar to what was found at the prisoner's lodging—six desks were forced open, and the marks on them corresponded with this screw-driver, found in the prisoner's box—I was with Inspector Harnett on the evening of the 6th, when we searched the prisoner's lodging, and found in his box this bunch of keys, one of which corresponds with the piece broken into the office door—I found the broken pick-lock on the first floor; that is Mr. Kacine's office—the prisoner must have concealed himself on the premises—the door stands open all day.
RICHARD WALKER . I am staying at 4, Museum Street, Bloomsbury—the prisoner occupied the next room to mine, and I met him at meals—I went into the City with him twice—one evening, between 10 and 11 o'clock, I went with him and another young man, and when I came home in the evening the second time the landlord told me something—on Tuesday evening, 6th October, I believe it was, I went out with the prisoner—that was the day he received some money from the bank—we went towards Leicester Square, and he went into a pawnshop and took a small gold watch out of pawn, which he said he had bought of a waiter in the City—it was similar to this watch (produced) but I did not have it in my hand—he took it out of his pocket and did something to it, and deranged it so much that he had to take it to a watchmaker in Princes Street to be repaired—on the Friday previous to that I saw him in the morning, about 10 o'clock, and his appearance was dirty and his dress quite deranged, he looked as if
he had been out all night—he did not arrive at that time, he opened the door for me—I asked him what he had been doing—he said he had met with two friends in the City, and had been drinking more than usual.
Prisoner. Q. Do you recollect that I was not at home for two nights before I was arrested? A. I believe not, but I cannot swear it; the landlord's son, who sleeps with you, can give evidence of that.
WILHELMINE RUSTEIN . My brother keeps a boarding-house, at 4, Museum Street, Bloomsbury—the prisoner came to lodge there five weeks before he was taken—I cannot say whether He was at home on the night of the 3rd October, but I let him in between 5 and 6 o'clock on Friday morning—he looked dirtier than when he went away, and he said "I look so coarse because I have been all night in the street; I have been drinking so"—he occupied the third floor back.
Prisoner. Q. Do you remember my not sleeping in the house two nights? A. I only remember one night, because I go to bed early.
GEORGE FRANCIS MARLOW . I am clerk to Valentine & Co., bullion dealers, of Cornhill and Fenchurch Street—I produce three mortgage bonds of the Atlantic and Great Western Railway for 1,000 dollars—fiftyeight coupons are attached, and two are gone—the prisoner brought it on 7th October, to 107, Fenchurch Street, either to sell it or get a loan upon it—it was brought to me by another clerk—I think we asked him where he got it, he said that he bought it at Hamburgh, and paid 120l. for it, that he had been a waiter, and he lived at 4, Museum Street—I spoke in English, and he understood it—we telegraphed to our Cornhill office for the price and found it was 67l., we offered him 65l.—he said that he would not take it as it was worth 67l.—he then said "Very well, let me have 30l., and at the end of four weeks I will pay you 32l."—I advanced it and drew up this receipt.
Prisoner. Q. Are you sure I said that I was the person who bought the bond 1 A. I understood you so.
Prisoner. Q. Is your office in the house where the burglary was committed? A. Yes.
Prisoner's Defence. I cannot say more than I said at the Mansion House last week.
The Prisoner's statement at the Mansion House was, that he met a German named Wagner, who asked him to sell the bond for him as he could not speak English, and promised him 51. for doing so, and that he also pawned a watch for him, that he took off the two coupons and put them in his pocket-book, because a money changer told him that their being on looked, suspicious, and that Wagner also gave him a parcel in which were many keys in a cigar-box.
Witnesses for the Defence.
VICTOR JAEGGERS . I live at 4, Museum Street—the prisoner lodged there—I know that he was not at home two nights in the week he was arrested, but I cannot say positively—I know that he was not at home one night, but whether it was Friday or Saturday, I don't know.
The Interpreter, by the desire of THE COURT, explained to the Prisoner that he was calling evidence against himself.
GUILTY .— Seven Years' Penal Servitude.
THIRD COURT—Tuesday, October 28th, 1873.
Before Robert Malcolm Kerr, Esq.
651. SAMUEL SCHONBERGER (31) , Feloniously and without lawful excuse having in his possession a metal plate, upon which was engraved part of an undertaking for the payment of ten pieces of coin of the Empire of Austria.
The evidence was interpreted to the Prisoner.
FREDERICK CHARLES BROWN . I am employed by Mr. Murray, an engraver, of Leicester Street, Regent Street—the prisoner came there on the first Monday in September, between 4 and 6 o'clock in the evening—I heard what passed.
THOMAS MURRAY . I am an engraver at 13, Leicester Street, Regent Street—I remember the prisoner calling on me—he was with me four times, and during those four times he brought me different portions of an Austrian bank-note—the first time he came he said "I want you to do some work for me"—he produced a half-sheet of foolscap paper, on which was fastened three pieces of paper separately, a square piece in the centre, and two small ovals on each side—he said it was for his brother in Hungaria, who had coal mines, and they were what his brother had sent over to him to be engraved—he wanted it done exactly as he had got them on the paper—I said "Then you want a fac simile"—he did not seem to understand the term, and I said "You want it engraved exactly as it is here"—he said "Yes"—he laid down before me this little piece with the figure ten on it, and this small piece with the letter X on it—I saw at once they were cut from a bank-note. (This witness was very deaf.)
CHARLES FREDERICK BROWN (re-called). I am not so deaf as my master—I heard what passed between him and the prisoner—when I went in I saw the prisoner there with Mr. Murray, and he was giving Mr. Murray an order to engrave these three portions of a note—they were to be engraved on one plate, and they were pasted in the way he told us we were to put them on the plate and do them exactly as they were there, not alter them in the least respect—Mr. Murray asked him who he was doing it for, and he said he was doing it for his brother in Hungaria, who had a great deal to do in that way, and if we did that nicely and gave him satisfaction he would bring us some more work to do—he left, promising to come next morning—he came again next day about 5 o'clock—I was there, and Mr. Murray also—the prisoner brought some more pieces of paper and said he wished to have them engraved—Mr. Murray said he would do it for him—the prisoner then asked him what would be the cost of it—Mr. Murray said he could not tell him exactly, he thought it would be about 2l.—the prisoner said he thought that was a great deal, but Mr. Murray told him he
could not do it for less, and the prisoner agreed to give him that price for it—this is the plate he brought on that occasion, also this piece of paper with the number "10" and the Roman figure "X"—Mr. Murray asked him what they belonged to, and he said he would give further directions, he would let that be for the present—he stayed about two hours on that occasion—it was some time before we could understand him—Mr. Murray said he would go on with the first part and let the other bide for the present—he left, promising to call the next evening—he came again the next day and brought this steel-plate and this piece of paper with the Arms of Austria on it—he asked Mr. Murray whether he would be able to engrave that—Mr. Murray said he would, and the prisoner told him to do so—Mr. Murray asked him what it belonged to, whether it belonged to the first part—the prisoner said "No "at first, but Mr. Murray asked him again and he said "Yes "it did—Mr. Murray took up the pieces and put them together and asked whether they all belonged to one note, and the prisoner said it did—Mr. Murray said "Am I to engrave it altogether? and the prisoner said he was to do so—he took this plate out of his pocket in the course of the conversation—he said he had had it engraved, but it would not do; it was not like the pieces he gave us—he pointed out that the—scroll work was not carved in a proper manner quite as it was on the piece he gave us to copy from—and he asked us whether we could alter" the plate—Mr. Murray told him he could not do that, and then he asked Mr. Murray to engrave a new plate and he agreed to do so, and the prisoner pointed out very particularly that Mr. Murray was not to make the same blunders in the new plate as there were in that—he went away then—this is the plate that Mr. Murrav began upon—there is no engraving on it, but there is some drawing which was to be engraved—the prisoner asked Mr. Murray on the Wednesday after he had given the further instructions for the engraving of the plate, whether he could print ten or twenty thousand impressions from the plate—Mr. Murray remarked that that was a very large number, and what was he going to do with them—he said he should be able to make one or two thousand pounds by the transaction, and if we executed plates as he wished it to be done, we should have half of what he made.
Prisoner. I did not say that; on the contrary, on the Wednesday I told him to return my things because it was troubling my mind so much I would not have anything to do with it. He told me to come on Thursday because he had lost the paper, and the plate was in another shop, and he had not got it with him then. Witness. He did not say anything about having his plate back, and we did not tell him it was somewhere else—he spoke in broken English, and it was some time before we could understand him—he had to say the words over two or three times—he spoke plain enough for us to understand after he said it over two or three times—he came about the same time the next day, but before that we went to the policestation and gave information—the fourth and last time he came was the 4th September—he brought another piece of paper with four figures on it—this is it (produced)—he said he wished to have it engraved—Mr. Murray asked him whether it belonged to this part of the order—he said it did—Mr. Murray placed it like that, and asked him whether it was to come so—he said "Yes"—Mr. Murray took up the copper-plate and told him it would not be large enough to engrave the whole of it, and the prisoner said No, it would not"—Mr. Murray asked him whether he minded it being
engraved on two plates—he said "No, not the least"—Mr. Murray put the papers together and said "Is this a note?"—the prisoner said "No, no, a kind of chequee"—Mr. Murray said "This is all of it together"—the prisoner said "Yes"—Mr. Murray said "This forms the whole note"—he said "Yes"—Mr. Murray then took it up and said "I can't engrave this, I shall not be able to, but I can give you the address of a party who might engrave it; it is very beautifully executed, and I can't undertake to do it"—the prisoner asked him the address of the party he thought could do itMr. Murray looked for the address but could not find it then, and promised to give it to the prisoner if he called on Saturday—we had had this impression taken off from the steel plate, and we showed it to the prisonerhe said we were to put that aside altogether, and were to do the new copper plate—it was to be done in two plates, and he would have it transferred on to the lithographic press, so that both parts could be put together, and the whole thing printed off at once; and when it was printed it would form a copy of this one (produced)—he did not say that, but that is my opinionhe said he could have it all done at once from the stone—Mr. Murray said the steel plate was no use to him, he could take it away, and the prisoner put it in his pocket—I said to the prisoner "You know the risk we run in doing this for you?"—he said "Oh no, you run no risk, it is me that run the risk"—he said if we did not like to do it, he would take the order away and get it done elsewhere—I told him ho could not do that, as we had commenced the plate—he then left and took the steel plate with him, promising to call on Saturday—when I next heard of him, he was in custody.
Cross-examined by the Prisoner. We did not ask you for 20l. on the Thursday—we asked you to leave a deposit on the order, and you said you could not do so—you did not say you had no money, and we did not ask you to leave your sleeve links—we had lost one of these ovals, and you said it would cost you 18s. 6d. to get another—I said if we can't find it we shan't be able to do it, and you said "I will get another, which will cost me 1&. 6d.
JUBY. Q. Was the first plate engraved in England? A. We asked the prisoner where it was engraved, and he said at Matthews' in Oxford Street.
WILLIAM OBAINGBR . I live at Peckham Grove—I am an engraver, employed at Mr. Matthews'in Oxford Street—the prisoner came to our establishment in July, and brought a small paper with a coat of arms on it—he said he wished to have it engraved—I asked him for what purpose, and he said for a card—I told him that I thought it was engraved on steel, and it was most unusual—he persisted in having it done on steel, and wanted to know the price—he said he wanted it for a visiting card—I showed him some in our specimen book—I said "If it is for a visiting card, you will want the name, I suppose"—he said "Yes," and he gave me the name of Baron Schonberg—he said he wished the card engraved on steel, but he did not want the name before we had done the arms, to see if the arms were done correctly—I said "Very well, we will do the arms first"—I asked him for his address—he gave me Tavistock Hotel, No. 8 room—I asked him for a deposit, and he gave me a 10 franc piece—he said he would call on the Friday, and I was to have it ready for him—he called on the Friday, but Mr. Matthews attended to him then.
Prisoner. Everything is true, except about the name—I said Schonberg certainly, but not the word Baron.
EDWARD MATTHEWS . I am an engraver, in Oxford Street—I was out of town in July, and returned in August, and found this plate had been done for the prisoner—I saw him when he came on the second occasion—I told him he would have to pay 10s. more—he said "Very well"—he seemed perfectly satisfied with it, and took it away—two or three days afterwards he came again and brought the same plate with a little strip about 2 1l. 2 inches square—this is the plate we engraved, the coat of arms and a portion of the scroll that goes round—I don't know anything about the rest—he asked me what it would be to engrave that small piece, so as to form a top piece; and he said "Reverse that so as to make a sort of canopy, so as to make a show card or invitation card"—he asked me the price, and I told him it would be 3l.—he said "Very well":—I said it was usual to leave a deposit, and he left three or four gold coins, and said he would pay the difference when it was completed—we got the plate ready for him—he came a few days afterwards, seemed satisfied with it, and took it away again—he said he would pay the difference, but found he had not got enough change—I said he could not have it away without paying the remainder of the money—he went out, and in about half an hour he came and paid the difference—he asked for a bill—I gave him an invoice, which he took away with him—this is the bill—it is dated August 6th—I did not see him again after that till he was in custody—he said the plate was for his brother abroad.
WILLIAM MATER (Interpreted). I am superintendent of the note printing of the Austrian National Bank in Vienna—this is a genuine note for ten guldens—this plate represents the upper part of a ten gulden bank note, not quite finished—these various pieces put together represent a complete bank note, and they are also pieces of a genuine ten gulden note—this represents the lower part of a genuine note—I don't know anything of the prisoner—I know of no authority that would be given to anyone to have that done—the genuine notes are ail engraved at the National Bank in Vienna.
CHARLES BUTCHER (Detective Officer C). I apprehended the prisoner on the 4th October, about 5 o'clock in the afternoon—I saw him come out of Mr. Murray's shop—he had this envelope in his left hand—when he got to Tichborne Street I stopped him—I told him I was a detective officer, and asked him what he had got in that paper—I looked at it and found an impression taken from the steel plate of the top part of the note, and the bottom part of the Austrian note, these two pieces—I asked him what it was, and he said it was for cards—I told him he would have to go to the station—he said "Very well"—I took him to Vine Street station and searched him, and found this steel plate with the engraving of part of an Austrian note—I asked him what it was, and he said "For cards; I am going to have them made for America"—I found several memoranda on him, and 7s. 6d. in silver—he said he lived at 1, Ryder's Court, Leicester Square, in a restaurant—I went there and searched his room, and found the bill of Mr. Matthews, of Oxford Street, for 4l. 6s., and also several photographs of Austrian notes.
The prisoner, in his defence, stated that the plates were meant for business cards, and that the words on the notes were not i) Uended to be there at all. The coal of arms was pasted on a bit of paper, and the words were to be "American English, and French tailor and cutter," and called the following witnesses:—BONBT. I was waiting in the shop for some work, and the
prisoner said could I recommend him to a good printer and engraver, and I mentioned the name of Mr. Roberts, in Chiswell Street—whether he went I don't know.
GUILTY — Five Years' Penal Servitude.
RICHARD MOORE (Policeman G 531). I was called to 35, Upper Rosoman Street on the 28th September—I saw the prisoner lying at the foot of the bed, with a severe cut on the left arm, and her daughter was also near her, also bleeding from the left arm—about 2 feet from the daughter's head there was a knife—I waited till the doctor's arrival, and he ordered them to be taken to the hospital—after I had been in the room about two minutes the prisoner exclaimed "Why have not I killed them all? I have left two of them now for him to care for!"—the child was three years old.
WILLIAM RICKETT . I was one of the surgeons at the Royal Free Hospital—the prisoner was brought there on the 28th September, with a child—the child was suffering from an incised wound of the left front fore-arm, about two inches in length and one inch in depth—it was very faint from loss of blood, not quite insensible—it was found necessary afterwards to amputate the arm—the prisoner was suffering from a wound on the left arm—she was insensible when she was brought in—she was insane—I am sure of that.
NOT GUILTY, on the ground of insanity. To be detained during Her Majesty's pleasure.
653. CHARLES PELHAM TUCK (42) , Unlawfullv obtaining, by means of false pretences, from Charles Frederick Adams, 1l. 0s. 9d. and 1l. 1s., with intent to defraud. Other Counts—For forgery and counterfeiting a certain document, with intent to defraud.
MR. GOODMAN conducted the Prosecution.
CHARLES FREDERICK ADAMS . I am a printer, at 32, Bartholomew Close—the prisoner was employed by me as a traveller, to collect advertise' meats—he was paid 20 percent commission for the advertisements he obtained—on the 26th July, I received this paper from the prisoner: "To the Proprietor of the 'Engineering and Building Times:' Please insert one advertisement twenty-six times, at a charge of is. each insertion. S. E. Norris & Co., 174, Shadwell."—I had that advertisement put in the paper that number of times—if that had been a true order the prisoner would have been entitled to his commission, and I paid him his commission, 1l. 0s. 9d., believing it to be a true order—on the 11th October, I received this order from the prisoner: "Please insert one advertisement twenty-six times. J & T. Hepburn & Son, Long Lane, Southwark"—if that had been a genuine order, the prisoner would have been entitled to commission upon that—I paid him 1l. 4s. for commission on 11th October, believing it was a genuine order.
GEORGE SAPWORTH . I am a partner in the firm of Messrs. S. E. Norris & Co., 56 and 174, High Street, Shad well, leather band manufacturers—this order for advertisements was not issued by my firm, and the signature is not the signature of the firm—I am not aware that the prisoner called on us.
FREDERICK GALE . I am manager for Messrs. Hepburn & Son, leather machine band manufacturers, of Long Lane, Southwark—I sign all orders for advertisements—this signature is not that of any member of our firm, or of myself—the prisoner has not been given authority at any time, as far as I know, to insert those advertisements.
GUILTY — Two Months' Imprisonment.
MR. LANGFORD conducted the Prosecution. JOHN JONES. I am a surgeon, at 26, Drury Lane—on the morning of 2nd October, about 1 o'clock, I heard a noise from the next house, which is divided by a court, like a shutter coming down—a short time after that I heard the breaking of glass—I jumped up and went to my private door into the court which divides my house from No. 25—I saw two persons standing by the window of No. 25, in the alley, which is called Broker's Alley—one man ran away, and the prisoner had his arm in the window and he was stooping as if to get his arm through the broken window—I caught him, and he said "It is not me, let me go"—a square of glass was broken, and the shutter was down—the prisoner resisted, and kicked me several times—I pulled him into Drury Lane, and shouted for the police—a constable came up and took him into custody.
WILLIAM HOWARD . I live at 25, Drury Lane, and am manager to Mr. Edward Joseph Kendal, a bootmaker—I take care of the shop—I looked up the place safely on the night of 1st October, at 10 o'clock—about 1 o'clock I heard the breaking of the window—I jumped out of bed and opened the second floor window and saw the prisoner and another man—when I came down to the shop door I saw Mr. Jones and a constable, and the prisoner—these boots Were safe in the shop window when I shut up—they are the property of Mr. Kendal—I missed two odd boots and two pairs from the window.
FREDERICK SMITH (Policeman E 321). On 2nd October, about 1 o'clock am., I was on duty in Drury Lane, and heard cries of "Police!"—I went to Broker's Alley, and saw the prisoner struggling with Mr. Jones—he told me that the prisoner had broken a window, with another man, and he thought they had been stealing some boots—I took him into oustody, and the prosecutor came down—I picked this boot up two or three yards from the shop.
Prisoner's Defence. I was going through Broker's Alley, and happened to go to the side of the shop, and Mr. Jones caught hold of me and said I had been robbing the place, but I never did it.
GUILTY .—He also PLEADED GUILTY** to having been before convicted, in December, 1872.— Seven Years' Penal Servitude.
MR. MEAD conducted the Prosecution; and MR. MONTAGU WILLIAKS defended Foster.
to Messrs. Hunt, wharfingers and lightermen—on 3rd October I ordered a cargo of Peruvian bark to be shipped on board the barge "Mary Ann"—I saw a sample of that bark, and I have since been shown a sample which was the same quality—there were thirty-nine bales altogether.
Cross-examined. Whether the sample I saw afterwards was part of that bulk I can't say.
JOSEPH HUNT . I am in partnership with others, and carry on business as wharfingers and lightermen—on 3rd October, thirty-nine bales of Peruvian bark were loaded into my barge "Mary Ann"—its value is 2s. 9d. a pound—I could not say what the weight of each bale would be—a lighterman was in charge of the barge.
ROBERT SMITH . I am a chemist at Horselydown—eight or ten days before the 13th October, when I was at the Police Court, Foster came to my shop with a sample of Peruvian bark—he said he had brought that stuff, yellow Peruvian bark, and a friend of his had some to sell—he asked me if I could give him some idea of the value of it—I told him it was worth something like 1s. a pound, that would be a fair price to ask for it to sell at—he showed me a small quantity of it, and asked if I could tell him a likely place to dispose of it.
Cross-examined. I knew him for several years as a very respectable man.
HUGH PALMER . I am a bark sampler at Smith's warehouse—I have a delivery order here to deliver thirty-nine bales—I saw it loaded—I know that a bale has been lost—I did not count them—I should estimate the weight to be about 1 cwt 26 lbs., 12 lbs. tare, the serron—the weight of the bark would be from 1 cwt. 14 to 16 lbs.
RICHARD ELLIS (Police Sergeant M 21). On Saturday, 11th October, I went to Foster's place—I told him I was given to understand that he had a quantity of Peruvian bark for sale—he said "I will tell you the truth about it; at the commencement of the week two sacks were left in my back yard with my old woman, and a small sample bag also, the men stating they would stand a drop of beer for the old man, I was not at home at the time"—I said "Before you go any further I must tell you that I am a police officer; what have you done with the bark?"—he said "I took it to Dr. Smith to see what it was, I took it to be old chips"—I said "What have you done with it?"—he said "I have burnt the sample bag under the copper"—I said "What have you done with the rest?"—he said "It is outside here"—I went into the back yard with him, and saw two large sacks containing the bark, a sample of which I produce—I said "Why did not you burn this if you thought it was chips?"—he said "It would make too great a mess"—I weighed what I found, and there was 1 cwt. 14 lbs. altogether.
Cross-examined. I said "Who left the sacks here?"—he said "They were left by a man named Jimmy"—I afterwards took Taylor to him, and he said "That was the man who took the stuff to his old woman."
GEORGE READ (Inspector Thames Police). On Saturday night, 11th October, I went to 8, Edward Street, Dockhead, where Foster lives—I saw Taylor there—I said to Mrs. Foster, "Is this the man they call Jimmy?"—she said "Yes"—I said to Taylor "You brought two sacks of bark to this house?"—he said "Yes"—I said "Where did you get it?"—he said "A man down at the water side gave it to me, it was loose in a barge, I was standing on the wharf and a man said' Here are some chip? here old fello. v
if you like to have them, they will do for the copper, he lent me two sacks, and I took them and put them in Foster's yard'"—I said "Who is the man?"—he said "I don't know his name, but I think I should know him if I saw him again"—I said "Do you know where he lives?"—he said "No"—I said "Do you know the name of the barge?"—he said "No"—I said "When was it I"—he said "About three days ago"—I said "It is bark, and has been stolen from a barge on the river, and I shall charge you with stealing it"—he made no reply—he said he gave the lighterman a pot of beer for the loan of the sacks.
CHARLES GOWENS . I live at 16, Brown Street, Wapping, and am a lighterman in the employment of Messrs. Hunt—on 3rd October, I was in charge of the Mary Ann, loaded with bark—I loaded it—I left the barge for about ten minutes during the night, and at 6 o'clock the next morning I missed one of the bales.
Taylor's Defence I am not guilty of it, I had it given to me by a lighterman.
He also PLEADED GUILTY to having been before convicted in May, 1868.— Seven Years' Penal Servitude.
FOSTER— NOT GUILTY .
OLD COURT.—Wednesday, October 29th, 1873.
Before Mr. Justice Archibald.
656. SARAH SATCHWELL (65), HARRIET MURCH alias DAY (34), and MARY DARWELL (34), were indicted for feloniously using a certain instrument with intent to procure the miscarriage of one Harriet Murch the younger.
MESSRS. POLAND and MEAD conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and WILDBY WRIGHT the Defence.
The details of this case were quite unfit for publication.
SATCHWELL— GUILTY — Ten Years' Penal Servitude.
DAY and DARWELL— GUILTY — Five Years' Penal Servitude.
MR. BUCK conducted the Prosecution; and MR. TAYLOR the Defence. NORAH CORDY. I am married, and live at 19, John's Plaee, Commercial Road, Stepney—the prisoner and the deceased lived with me nine months, all but a few days, as man and wife—on the night of 23rd September they came home about 12. 10 or 12. 15—they had been to a raffle and had been drinking—as she came through the passage she was bleeding from the back of her head, and her hair was all loose about her; and as she went along the passage the blood went along—she said "He has hit me out of doors, and knocked me against the kerb, look at my head"—I said to him "Have you done that, Charley?"—he said "No, I only shoved her and she fell"—they went up stairs—I heard them quarrelling, and I heard something fall very heavily—I went up and saw them having hold of each other, quarrelling in the room; they had knocked a chair over—I got between them, and said "Don't I be quiet!"—I was shoved on one side, and with that the candlestick fell off the table, and it was dark, but he had her between him and the window, and I saw her hair go right through the sash of the window; it broke three panes of glass—she said "You have hit me again"—he said "Open the door for me, Norah, she has stabbed me"—the door
was half open—he did not speak any more, but ran down stairs—I turned to the prisoner, and said "Mary, have you stabbed him?"—she said "I don't know whether I did, or whether I did not"—I did not notice any knives—there were a lot of plates and things on the table—I did not see a knife or anything in her hand.
Cross-examined. The window was smashed by the back of her head—I did not hear him say he would hit her again and again—he was saying "Let go of me! let go of me!"—I did not see him strike her several times, only once, when her head went through the window—when she came in she said "You have hit me," and to the best of my belief she said "You have kicked me "as well—they were both rather affected by drink, and both quarrelsome—he was very hasty in knocking her about; he very often knocked her about while they were in my place—they both quarrelled very much.
THOMAS PHIPPS . I am a labourer, and live at 11, John's Place, close to last witness—on the morning of 23rd September, Hurley came to me out of No. 19, he was bleeding from the neck—I walked with him to the top of the street; he got faint from loss of blood, and I put him into a barrow and took him to the hospital.
ALFRED KEBBEL . I was house-surgeon at the London Hospital on 24th September, when Hurley came there about 12.30—he was bleeding from a wound in the neck about 2l. inches below the angle of the left jaw, and about 3 inches deep it divided the internal jugular vein—that wound was the cause of his death—I attended him until he died at 8.30 on the Tuesday morning—acute inflammation of the lungs was set up by the injury—he was in a very dangerous condition on the 28th; it was reasonable for him then to believe that he should not live. '
Cross-examined. He began to get worse on the 27th—I sent to the station on the evening of the 28th, asking for a Magistrate, and the inspector came on the 28th.
GEORGE YOUNG (Police Inspector K). On the night of 28th September, I went and saw Hurley at the London Hospital—he was in a very weak state, and stated that he thought he was dying, and he wished to make a statement—I took it down in writing, this is it, he signed it—(Read: "I believe I am in a dying state. On Tuesday night last, about 12 o'clock, I was at the Nelson Street end of Baker Street, in company with Mary Ann Oaks—some words arose between us and she tried to tear my clothes; I pushed her, and she fell and cut her head against a kerb-stone—I picked her up; some policeman came up and got her in doors with me; I got her up stairs—the landlady and her cousin came up, and I said "This is the old game again. She rushed at me 'and I pushed her against the window; she then turned round and caught up the table knife and stabbed me through the neck. I then ran out of the house up various places and jumped into the barrow, and asked some one to bring me here. This is the third time she has stabbed me, once in the eye, and once in the chest. "He pointed to the marks in the eye that were caused by the previous stabs.
Cross-examined. I communicated with the Magistrate, but it was not possible to get the prisoner there, as she Was in the House of Detention, on remand for a week, therefore the Magistrate did not attend, but he ordered me to attend and take down the statement—it was about 11 o'clock at night when I took it—I had received information between 8 and 9 o'clock.
prisoner and Hurley struggling together—Hurley was inducing her to go home—I and another officer followed them up to the door, which was opened, and they went inside about a quarter to 2 o'clock, on the morning of the 26th—I took the prisoner into custody—I told her it was for stabbing a young man then in the London Hospital—she said "I did stab him; I did it in self-defence."
Cross-examined. I saw them go in doors, and a few yards up the stairs—I did not observe her head bleeding—I did not notice the condition of her face when I took her—she was very excited—she had a black eye.
The Prisoner's Statement before the Magistrate; "I was an unfortunate, and have had to go out to look for a living to keep him for nine months. One night he whacked me and left next morning. I packed up his clothes. I was laid up for a fortnight with his kicks. I went into a beer-house one night, he called me out and asked me to sleep with him; I did so. He asked to come back to me and I took him home, and we were right for a fortnight. He got drunk and kicked me, saying I had been with a fellow. He said he would kill me or I kill him, and he beat me till I could not stand; my eye was black, my nose broken, and my face bruised this was on the night. The last punch in the nose knocked me through the window. I took up a knife from the table, and said I would stick him if he whacked me again. He ran to the stairs. I said 'Come back. 'He said 'I am stabbed 1' and I saw no more of him."
GUILTY.—Strongly recommended to mercy by the Jury on account of the provocation she received. — Twelve Months' Imprisonment.
NEW COURT.—Wednesday, October 29th, 1373.
Before Mr. Justice Honyman.
MR. ST. AUBYN conducted the Prosecution.—
NOT GUILTY .
NOT GUILTY .
MR. DOUGLAS conducted the Prosecution.
GUILTY .— Fifteen Years' Penal Servitude.
For the case of Edward Benjamin Marshall tried in the Third Court, Wednesday, See Surrey Cases.
OLD COURT.—Tuesday, October 28th; and
FOURTH COURT.—Wednesday, October 29th, 1873.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS , with MR. CHARLES MATTHEWS, conducted the Prosecution. WILLIAM HENRY ARMSTRONG. I am clerk to Messrs. Bircham, solicitors to the Metropolitan Railway Company—they acted for that company in an action brought against them by the defendant—I was present in the Court
of Common Pleas on 18th, 19th, 20th, and 21st June, during the trial—I saw the oaths administered to the defendant—I produce the postea—the writ was issued on 17th April, 1872—1,000l. damages was claimed in the first instance; it was subsequently amended to 2,000l. by an order of Master Gordon, dated 5th June, 1873—it was an action for alleged injuries sustained by the negligence of the Railway Company—I was present at the whole trial—the plaintiff's case was heard entirely through—about six witnesses were called for the Company—I am well acquainted with the various stations on the Metropolitan Railway—I know the Bishop's Road station—there has never been a refreshment room there.
Cross-examined by the Prisoner. The doctors examined you on 5th June, 1872—I was not present—I believe they examined you thoroughly—on 12th June, I wrote on behalf of the Company to your lawyer, offering 50l. compensation, without prejudice—the Company sometimes do that—they would do it even if you were not in the collision, because they had numerous other claims at the same time, and they had not time to attend to it—your lawyer wrote and refused the offer—I cannot say you were not in the train at the time of the collision; it has never been alleged that you were not in the train—since you have been in prison I have not been to any of your relations to try and get them to induce you to confess yourself guilty—I did not ask them for all the papers that were required to go against Mr. Webb and Dr. Edgcumbe—I called on a Mr. Phillips, where your mother was living, in consequence of receiving two letters from you from the gaol, and Mr. Phillips handed some letters to me, which I handed back to him—he sent the letters—I don't know whether I requested him to send them—I did not ask him to get you to plead guilty to this charge.
HENRY MORTON WALSH . I am a shorthand writer, of 3, Little George Street, Westminster—I was present in the Court of Common Pleas on 18th June last—I heard portions of the prisoner's examination, and took down in shorthand the evidence he gave—my brother took the first part.
THOMAS PRESTON ALLEN . I was present in the Court of Common Pleas on 19th June, and took down the cross-examination of the prisoner. (The evidence given by the Prisoner was put in and read at length, the substance of which was, that on 22nd March he was in a third-class carriage in a train going from Gower Street to Clapham Junction, when a collision took place by which he was injured; the allegations of perjury were founded upon portions of his evidence, in which he stated that he was not in poor circumstances, that his wife had never gone out as a charwoman, that his health was good before the accident but that afterwards he was unable to walk, that he did not carry his child, and that at the time of the accident he was conveyed into the refreshment room at the Bishop's Road Station and given some brandy.)
HELEN MARIA HAYWARD . I am the wife of William Hay ward, a tailor, of 3, Lordship Terrace, Wandsworth Common—I know the defendant, he was living in Salcott Road—I have employed his wife as a charwoman—I first employed her in July, 1871, and last in the first week in March, 1872—her condition was most deplorable when she came to my house; she was nearly naked, so much so that I was obliged to lend her clothes—I paid her eighteen pence a day—I have many times given her things, clothes for herself and her child, and food—she said she had no food—I found her
saving her dinner, and I have given her food to take home—on 25th January, 1872, I received a letter signed "M. Tuckfield; I sent an answer to it.
Cross-examined. I was not laid up ill in bed when prisoner's wife came to me—I was in 1872—she did not come to attend to me because nobody else would, she came as a charwoman—on one occasion I paid her a shilling for taking care of my children—I don't suppose she would come to work for me in her best things, but I think she might have come decent—she never gave me anything; she brought me an old auti-maccassar, not worth sixpence.
WILLIAM HAYWARD . I am the husband of the last witness—at the beginning of 1875 I called two or three times at the defendant's house in Salcott Road—it was a house not furnished—on one occasion I went into the room they lived in, it presented a very miserable, poor appearance; they had a mere nothing there—I saw the prisoner in the room—he had either a boil or an abscess on his neck, as large as a duck's egg—Mary Tuckfield came to our house on many occasions as a charwoman.
JAMES HARRIS . I am a carpenter, and live at 3, Tritton Terrace, Battersea—in March, 1872, I lived at 52, Bennerley Road—on 12th March, that year, William and Mary Tuckfield came to lodge with me, they occupied the front kitchen—they brought their own furniture—I did not see what they brought, but I saw the things afterwards; there was a bed on the floor, two Windsor chairs, a kitchen table, and a little dressing-table, and a clock without any works—they paid 18d. a week—on the night of 21st March, 1872, they came home between 8 and 9 o'clock—I believe the defendant was lame then—on the morning of the 22nd, the wife made a communication to me, in consequence of which, I went to the area—I saw a square of glass broken—I afterwards saw the prisoner, and he said he was sorry he had broken the glass, that the steps were very dangerous, and he asked me to put it in and he would pay for it; he also said that the hand-rail was very dangerous, and he said he would find me the materials if I would put up one—he often talked about the hand-rail, and said that the steps were very dangerous—I said they were all pretty well alike all through the street, and I did not see why these were more dangerous—he said the steps were slippery, and he fell down and fell through the window—they were stone steps, eight in number, they are rather steep—I remember the night of 22nd March, 1872—about 1 o'clock in the morning of the 23rd I opened the door to the prisoner—he was standing on the landing, by the door—no one was assisting him—he walked into the house without assistance—I had no light with me—after I had shut the door, he said he had been in a railway collision—I asked him where—ho said "At Gower Street"—he was the worse •' for liquor—I did not see him for three or four days after, or it might be a week—I think he was then in bed in the back room up stairs—after that I saw him walking about the house—that might be a fortnight or three weeks after the accident—I saw him up and down in the house; it was so frequent that I could not say when that was—I saw him in the back garden frequently in June or July.
Cross-examined. I have hot said that you came home in a cab; there was a cab standing at the door—I never saw you come home in a cab before—I did not hear the cabman say "The gentleman is three-parts killed"—I
did not, with the cabman, assist you down stairs—you put your hand on my shoulder—you stopped at my place from the time of the accident till 30th March without paying anything—you never paid me a farthing rent—you kept saying every week that it was going to be settled—it was not because I thought you could not get out; I was disgusted with you all the time you were there—I had 10s. a day from the Railway Company on the former trial—I was there five days, I think—I had known you about two years before the accident, by seeing you about—one night you called us up, and I went and got 1s. worth of brandy for your wife, when she was tight—I don't remember my wife lighting the fire and getting her some tea—I don't know what you did it for, perhaps it was for a blind, you have done a good many artful things—I was not aware that my wife was nursing you all the time you were laid up—it was not by my request—she has answered the door and assisted your wife as an act of charity—she told me that you had asked her for a bill for nursing you—I was not aware of it till it was presented to me in Court—I stated at the Court of Common Pleas you were singing in my room—I was not at home on the night that you broke the window—you showed me a cut on your hand, a scratch on your face, and a bruise on your leg.
Re-examined. The singing in my room was about a month after the accident—he sang "The Shoreditch Tof" and "The Dandy Broadway Swell"—the bruises he showed me were after the accident, but he said he got them by falling down the steps.
MARY FRANCES SESSIONS . I live at Sutton Vallance—I am single, and am a charwoman—I formerly lived in Maddison Road as a charwoman—I afterwards went to Mr. Harris's, 52, Bennerley Road—I saw the prisoner there—I had known him about three years before that, about 1870 or 1871—he always had a deformity about his back, a sort of hump—I was in the habit of seeing him constantly in 1873—I lived in the neighbourhood—I remember seeing him while he was at Mr. Harris's—I can't say how soon after March, 1872—I saw him about a week after he had been ill; he was in the parlour, walking about and sitting down, swinging the baby in his lap—I saw him repeatedly a fortnight or three weeks after the 22nd, smoking and drinking, and I saw him singing in the front parlour—Mr. Harris, Mrs. Tuckfield, and the children were there—there were a great many songs sung, "The City Swell" and several others—he stood up while he was singing like the Music Hall singers—he said to me that he was sorry to see me so poor, and that if he got the money he expected from the railway company he would relieve me a little, and try to do something for my child—I was subpœnaed at the trial.
Cross-examined. I am no more a friend of Harris's than of yours—I was not continually drinking rum with Mrs. Harris, only that one afternoon with you and her—I saw you out of your bed-room, down in the passage, filling the kettle—I have spoken to you on more than two occasions—I have, like you, one illegitimate child—I work for my living—I never visited Mrs. Harris unknown to her husband—he did not dare me to come to the place because of my character.
JOHN GUY . I am inspector of police for the Borough of Harwich—I saw the prisoner there in August and September, 1872—on one occasion, I saw him at Upper Dovercourt, just over two miles from Harwich—he had a stick in his band, he was walking along freely, about three miles an hour I should think—he did not always use his stick.
Cross-examined. I have sometimes seen you without a stick, but more frequently with—I had a threatening letter from your lawyer—I have no ill feeling against you—I never saw you out in a yacht—I have on one or two occasions stopped you and asked if you were getting better—I did not know that you had had a railway accident until I was informed by Mr. White—I never saw you bathe—I have seen you carry your child on your left shoulder across Church Street, and I have seen it running by your side—I have seen you walking scores of times.
SARAH GUY . I am the wife of the last witness—I saw the prisoner at Harwich in August and September, 1872, I saw him constantly almost every day, walking across the street, and up and down the street, and I have seen him carrying a child.
BENJAMIN SALMON . I am a Constable of the Essex Constabulary at Dover-court—I was there in August and September, 1872—I frequently saw the prisoner there, walking, I saw no impediment in his walking—I know a place called Ramsay Kay, it is about 23l. 4 miles from Harwich by rail, and about 3 1l. by road—there is a way to it across the fields, about three miles—I saw the prisoner on 19th August at the scene of a railway accident there, on the Great Eastern Railway, he must have walked there.
SUSANNAH DAWSON . I am the wife of Edward Dawson, and live at Harwich—I remember the prisoner coming there on 3rd August, 1872, he came to my house and I let him lodgings—he was drunk—he stopped at my house three weeks—during that time I saw him walking a great many times—he went up and down stairs better than I could, considerably, he came home at all times of the night, 9 or 10, and sometimes later—he has told me where he has been, to different places, once, to Ipswich—after he has come home I have heard his wife beg of him to go to bed, instead of that he has said "I have made an engagement with some gentlemen to play at bagatelle or billiards at the White Hart, or the Grapes"—he has repeatedly told me that he has been to Bomersal; that is about a mile and a quarter from Harwich—I have seen him carrying a child more than once, out of doors and in—I remember an accident occurring on the Great Eastern Railway—Mrs. Tuckfield brought home some pieces of glass and things scattered with blood, and said they had been at the accident, not that they went purposely but they were there—he used repeatedly to carry his wife a cnp of tea up of a morning—I changed the sheets of his bed, there was nothing the matter with them.
Cross-examined. You paid me 25s. in advance—you told me you had bad a railway accident—you were repeatedly drunk of a night—you were pretty well always drunk—I gave you warning because you insulted a lady in my house who had only been married three months—I could not bear your disgraceful conduct—you did not say you could not stop because the drainage was bad—you wanted to part a married woman and her husband—you told me that your wife went to see the accident at Ramsay Ray—you said you saw it.
JANE HALES . I am the wife of Mr. Hales, and live at 28, West Street, Harwich—in 1872, I lived with Mrs. Dawson, the prisoner came to lodge there on a Saturday, he was intoxicated—I saw him next morning, he could walk, I saw nothing the matter with him—he slept on the second floor—he came to me in the kitchen and asked me to go out for a walk with him—I told him I was married—he went out that day, and went up and down stairs—he went up as well as I could—he came into the kitchen on the Monday, while I was washing, and asked me if he should help me to wash—I told
him if I wanted any assistance, I had got a husband of my own—after that he asked if I would go out for a walk with him; he asked me to go to Ipswich, he said he had been to a railway accident, I did not understand where, I think it was at Ramsay Ray—I repeatedly saw him drunk—he used to go out every day and would remain out for some hours—on the night of the accident he and his wife got home between 8 and 9—he said he had been holding the people's arms and limbs while the doctors took the pieces of glass out—I have on several occasions seen him taking up breakfast to his wife—he had a child, I have seen him carrying it more than once, both indoors and out—he left the lodgings on my account—during the time he was there I did not notice anything at all the matter with him.
Cross-examined. I do not recollect your wife having diarrhoea and your going and getting brandy—I don't know whether that was the occasion when you took up a cup of tea—I did not tell you and your wife that my husband had been ill-treating me, and that he was jealous of a man belonging to the Penelope—you did not say "Wait till you get three or four young ones round you and he won't be jealous of you"—you did not say to me in a joke "You and me had better elope in one of them big ships"—I told my husband what you had said to me.
MARY ALDERTON . I am the wife of Samuel Alderton—in August, September, and October, 1872, he kept the William the Fourth in West Street, Harwich—the prisoner, his wife, and child came to live at our house in August and remained till 11th October—we then removed to Ipswich and they came and lived with us there till the end of November; when he left he owed us 16l.—he said he would pay us when he got his money from the Company—at Harwich he was to pay us 6s. a week for a room, and board himself; only after the first week, I had to lend him the money to board himself; at Ipswich he was to pay me 1l. a week for board and lodging because his wife used to help in the house, as they had not a farthing—that was the 16l. he owed me—during the time he was at Harwich, I very frequently saw him the worse for liquor—we had a bagatelle board in one of the public rooms, I have very often seen him playing at bagatelle with the customers—he pretty well always walked with a stick—I said to him one day "Do you mean to say you want that stick?"—he said "Well I could do without it, but it won't do until the Company have settled with me"—he paid me 6s. the first week—I said to him "Why don't you write to your lawyer and ask him to let you have some money till your case is settled?"—he said "If I get the job settled and get the money he will get his money, but if so be I don't get it, of course he won't get any money, and therefore he won't let me have any"—he would very often go out for the day, when he was at Harwich; sometimes for an hour or two, and sometimes for half a day; if I had not much company in the house he would take his stick out.
Cross-examined. I was not at the trial at Westminster, I refused coming, I wanted to see if you got your money; I believe if you had got your money you would have paid me—I have no ill-feeling against you—I trusted you to the amount of 16l. because I could not get the money, and you said you had written to your special lawyer, and you were "sure to get the money—you said you would not have the Company know that you had no money for anything—very likely I should not have come against you if you had paid me; I am like all the rest of the world, I wanted my money, and I thought if you lost your case, I should not get my money, as big a rogue as you are; and to tell you the truth you got a little way in and I let you
get in further—you were very often drunk, out of doors and in doors—I never saw you carry your child out of doors; I can't say but what I have seen you carry it up stairs and down, and carry up your wife's breakfast.
ELIZABETH PLUMMER . I am a widow and live at the Royal Naval barracks—in August and September I occupied a room at the William the Fourth, at Harwich, when the prisoner, his wife, and child were there—I saw him every day, I have seen him rinsing the yard down of a morning—I have seen him at ail times of night; I have seen him making merry, singing in the next room to me, and playing bagatelle; and often seen him drunk—I have seen him carrying the child, out of doors and indoors too, and driving the perambulator with the child in it—I have seen him carrying pails of water from the pump and rinsing the yard down.
Cross-examined. I lived in the room above the last witness—I saw you playing bagatelle in the tap-room; I had to pass it every minute of the day—I saw you drunk every day, and every day carrying the child.
JOHN PENNOOK . I am a porter, and live in Bridewell Yard, Harwich, adjoining the William the Fourth—I saw the defendant there in August, September, and October, every day—I have played bagatelle with him, and have seen him playing on several occasions—I saw him nearly every night in front of the bar there—one night he was fighting, or commencing to fight, and I and my wife stopped him—he was drunk—he tore about like a madman—I have seen him drunk several times—I met him one night coming from Dovercourt, walking about four miles an hour, he had a stick in his hand, and a handkerchief with periwinkles in it, he had been on the beach after them—I never saw him carry the child; I have seen him put it on his shoulder, and I have seen him wheeling the perambulator with one hand—he used his stick now and then; he was generally swaggering it about.
Cross-examined. You know me well; you saw me every night for three months—Mr. Armstrong introduced me to this case—somebody told him of me, I don't know who—he has promised to pay me—I earn 6s. or 7s. a week at Harwich, one week with another, as a porter, or anything—you played one game at bagatelle with me in the great old back room—I don't know how much I am to have for coming here—I have seen you more than once put the child on your shoulder and walk through the passage with it WILLIAM GOODING. In August, 1872, I was landlord of the Royal Oak public-house at Dovercourt—I saw the prisoner there in that month—he used to come there sometimes three, four, or five times a week—he said he had happened with an accident, and said "I think I shall be lucky if I get 1,000l. from the Company, what say you?"—I said "I think you will"—I had seen him once before, about four or five years ago, when he came to my inn late one night for a bed, as he could not get in at his lodging—Harwich is about a mile and a quarter from my house—I have several times walked that distance with him—I have a ten-pin ground adjoining my house—I have played there with the prisoner, not at ten pins, but at three corners, that is much the same game; it is played with balls weighing 3 lbs. or 4 lbs.—I might have played three or four times with him in August and September—when he knocked the pegs down I set them up for him, and he did the same for me—I remember the railway accident at Ramsay Ray—I think it was in August, 1872—the prisoner and his wife came to my house after the accident—he said he had been to the accident
and assisted the people out of the carriages—he said he had left his perambulator against the Bird-in-Hand, on the main road, and went across the fields—the distance from Harwich across the fields, I should think, would be four miles—he went from my house on foot that night.
Cross-examined. You walked as fast as I did when we walked from Dovercourt to Harwich; you kept up with me—I kept your pace—you walked with a stick—I did not tell the Magistrate that you walked lame—you could not have kept up with me if I had walked as fast as I generally do—you walked with your stick sometimes, sometimes you went swinging it—you did not lean on it—we walked about three miles an hour—you came to my place to get out of the way, as you said you expected some people from London were watching you.
MARIA GOODING . I am the daughter of the last witness—in August and September, 1872, the prisoner came to our house at Dovercourt on several occasions—I used to serve refreshments in the ten-pin ground—I have seen the prisoner playing there on more than one occasion, and have taken refreshments to him—I have seen him walking, he could walk very well—I have seen him drunk more than once.
JOHN BROWN . I am a surgeon, at 2, Rose Villas, Falcon Road, Battersea—in October, 1870, the defendant came to me and wished to engage me to attend his wife in her confinement; he said he was not prepared to pay me at the time, but he would pay me in a very short time—I said I did not wish to attend under those circumstances, but he pressed me and I agreed to do so—his wife was subsequently confined; my fee for attending her was a guinea—I have never been paid—I have frequently asked for it.
Cross-examined. I think you told me that you had made a great many bad debts, and could not get your money in—I told you I should have to put the matter in the hands of my collector—I think the child was born on 3rd October; it was a fine healthy child, as far as I remember—it did not look like the child of weakly or sickly parents.
FRANCES PIMM . I live at 35, Speke Road, Battersea—the defendant came to lodge there before October, 1870—he occupied one room, for which he paid 2s. a week—he subsequently left, owing 6s. or 7s. for rent, he has never paid me that—he came back one Sunday evening, and asked me to lend him a shilling; that was the night his wife was confined—he has never repaid me.
THOMAS STEVENS . I live at 51, Verona Street, Battersea—in 1869 the defendant took a house of me at 32s. a month; it was the adjoining house to mine—when the first month became due the bill was made out in his name, he sent it back to be made in his mother's name, and it was done so—there was 6l. owing when he wished to give up possession, for which he gave me a month's bill—he did not pay me; I have been paid by his sister.
Cross-examined. It was in 1868 or '69 that you lived there—your sister paid me 10s. a week after she left—I believe they lived in a house rent free after that—I don't know that you procured that for them—you were living in the house when the 61. debt was incurred—your brother-in-law guaranteed the 61.
MARIA HARRIS . I live in Devonshire—I am the mother of the witness James Harris—in May 1872, I was staying with him in Beunerley Road—for a month or six weeks—I saw the prisoner there—he came into the kitchen more than once in the course of the day, sometimes two or three
times, he went up and down stairs—sometimes he walked better than at others—I have seen him out in the yard in May—he was not doing anything particular, I did not see him with the child very often—I did not take any particular notice of it.
Cross-examined. I had never seen you before—when I first saw you you were in your bedroom, I don't know whether you were in bed—I went there on Whit-Monday—I did not frequently come to your bedroom and sympathise with you, and say what a bad job it was for you—I might have come to your bedside—I can't say what for, it is twelve months ago, I have forgotten; you might be ill, it was not for me to say whether you were ill or not, I saw you in bed—I had nothing to do with you, I had to wait on Mrs. Harris—I left because I could not bear the noise—I was not fighting with my son and daughter—you might have said you should be glad to get up and go out of the noise; I don't recollect it—my son and daughter have not told me what to say—they did not know I was coming, they never saw me till I came to the Court yesterday morning—I stayed with my daughter in Bermondsey last night.
WILLIAM GOSDEN . I am Chief Inspector of the Metropolitan Railway Company, and have been so from its foundation—I am well acquainted with the premises at the Bishop's Road Station, there is no refreshment room there and never has been.
Cross-examined. This ticket (produced by the prisoner) is a third-class ticket from Grower Street to Clapham Junction, dated, March 22nd, 1872, it is cancelled—somebody must have gone through on the platform with that ticket—there was a collision near Bishop's Road Station, on 22nd March, between 9 and 10—I was not there—I heard that persons were injured—this paper (produced) is an ordinary memo, form used by the Company, I can't say where it comes from—it has on it "H. Fisher Esq., 32, Westbourne Terrace, Paddington"—I don't know the writing—Mr. Fisher was the assistant manager in 1872—there is a waiting room at Bishop's Road; it is possible to get brandy anywhere; you could not buy it there, it could be brought to you of course.
Re-examined. These papers are easily obtained at every station on the line. By THE COURT. There are two public-houses near Bishop's Road, about 150 or 200 yards off, the Dudley Arms and Prince of Wales—the accident was on the down line, that is the line from Moorgate to Paddington—there is a ladies' room and a general room at Bishop's Road, on that platform.
JOHN HENRY PAYNE . I live at Forest Gate, Essex, and am a Post-office clerk—I have searched all the books relating to the transmission of Postoffice orders for the towns of Ipswich, Doverconrt, and Harwich, during August, September, and October, 1872—I produce the particulars of my search—there have been seven orders sent from Mr. Osborn to W. Tuckfield, during those months, amounting altogether to 71. 0s. 6d., no others" have been transmitted during that period.
ELIZA TUCKFIELD . I am the prisoner's sister—I have with my mother at 5, Kingsdown Villas, Bolingbroke Road, Wandsworth—I remember my brother coming to me on the morning of 22nd March, 1872—he said he had fallen down the steps where he lived in Bennerley Road, the night before—he said he was bruised, I think in his side—I called on him in Bennerley Road a few days after and found him in bed—he then said he had met with a railway accident, and the Company should pay for it—I don't remember whether he said he was hurt much or not—he said the
Company could afford to pay—I have been with him and seen him since he was fifteen years of age—he had a lump on his left shoulder, we have laughed at him about it, and told him to take the boy off his back—for three years before 22nd March, 1872, he had no regular employment—I told him that the bruises he had received was from falling down, and not from the accident—I don't remember what he said to that—he said the Company should pay, they could afford to pay, but I don't remember whether it was at that time; I think it was at that time—he was of a very sickly constitution up to the time of the accident, rather sickly—I told him I did not believe that he had met with a railway accident—he said he did not want me to believe it—his wife said, in his presence, that he had got no pain in his back—he said "You need not tell everybody, as Eliza will split upon me"—I have sometimes seen him sitting up in bed, and sometimes smoking—after he had been cupped I told him that he was foolish to lose so much, the doctors had better give him some—he said the doctors must do something to make out a case—he lived in the same street as I did up to a fortnight before the accident—he had lived there about nine months—he was poor—he was in the habit of coming to my home for vituals for himself and child, bread and butter, or tea and sugar, or anything of that kind—in the winter of 1871, his wife was in the habit of going out charring—I have given her clothes for herself and child at that time because she was so poorly off—besides the hump on his back, my brother had a lump on his neck before the accident—I don't know whether it was an abscess—he was not a sober man—I once went with him to an Ophthalmic Hospital, about an illness—that was about eight years ago.
Cross-examined. We have been friendly till you left home—I do not remember your wife coming and knocking at our door on the night of the railway accident—she may have come when you spoke to me on the morning of the 22nd—I did not see any scratches or bruises about you—I only went by what you told me—I did not see any bruises about you after the Railway accident—you did not show them to me—I did not see that your hat was smashed in—you told me you had fallen down the steps and broken a window in the area—you had no stick with you on the morning of the 22nd—I don't remember you saying that no one knew what a collision was except those in the train; perhaps you did—I don't remember asking how you felt; I may have done so—when I have seen you drinking, I don't know whether it was under the doctor's order—I have not always seen you in bed since the accident—I have seen you up—that may have been when the bed was changed—my mother frequently took you nourishment after the accident; in consideration of your being ill—you were cupped and leeched, and such like—I can't say whether my mother took you nourishment before that—she went to see you the next morning—your wife called and said you had met with an accident—your back has been reduced since the accident—you don't look so round as you did, the top is altogether different; the lump is not so low down, it is more on your shoulder—I can't say what has caused that—I came over to see you after you had been cupped, and I said you were foolish to be cut about like that—I don't recollect your saying that the doctors must do something to get you better—I don't think you did—you may have said so—I can't say one way or the other, for I don't remember—I did not come very often—I don't think I saw you in intense agony—you may have been in agony, but I did not notice it—I came to see you because you were ill, after you had been
cupped and leeched; you were in bed—I don't know whether you were ill—I came to inquire after you, not the first week, it may have been a week after—you are greatly altered in appearance to what You were before the accident—you certainly look older, there is a great difference in your appearance.
By THE COURT. We have not been particularly unfriendly till within the last three years—there has been no particular quarrel, we had family quarrels, that is all—I never had any ill-feeling towards him. '
CHRISTPHER HEATH . I am a Fellow of the Royal College of Surgeons, and surgeon to the University College Hospital—I was present at a surgical examination of the defendant at Battersea, on 5th June, 1872; there were present Mr. Barnard Holt, Mr. Savery, Dr. Edgcumbe, and Dr. Marsh—in the prisoner's presence Dr. Edgcumbe made a statement about his symptoms—he said it had been necessary to cup him, and there were marks on his back—we subsequently examined the prisoner in bed—the upper part of his spine was curved and bowed, a little more on the left side than the right—the skin was sore from blistering—I asked if he felt any pain in his back, and we went into his case generally—we thought the pain was due to the general tenderness of the skin—by "we "I mean Mr. Holt and Mr. Edgcumbe, not Mr. Marsh and Mr. Savery—I attribute the soreness of the skin to the blistering and cupping—the skin was considerably reddened and irritable—we came to the conclusion that the hump on the back was the result of a deformity of the spine; the result of slow changes of long standing, not of any recent injury—I don't think we could arrive at any conclusion as to the length of time that deformity had existed, it must have been many years—we also examined him on 5th June, 1873, at Dr. Edgonmbe's house—he complained of incontinence of urine, and he wore a urinal—Mr. Holt requested to be allowed to pass a catheter, but the defendant refused by Dr. Edgcumbe's advice; he was pressed by Mr. Holt and Mr. Savery in my presence—if it had been a stricture it could have been ascertained by the catheter—if there had been incontinence of urine the bladder ought to be empty—I examined his back again on that occasion, and was confirmed in my previous opinion with regard to the hump—I did not think that his back was giving him pain—I thought his statement was not true—his urinary organs, externally, appeared perfectly healthy; if there had been any incontinence of urine I should have expected to have found the parts sodden and wet—it might be right to cup and blister for pains in the back alone, but not for an old deformity.
Crots-examined. I tried your pulse; it was 70 or 90 the first time—I don't remember what it was the second time—I don't think I said before the Magistrate that it was 120; it was a quick pulse—I might have said it was 120, that would indicate that you were in a state of nervous excitement at the time; that might be caused by being examined by four or five doctors—I first examined you on 5th June, three months after the accident—you drew up your legs very readily as you lay on your back, more than once—I have not been inquiring about you at some hospital—I did not inquire at the Middlesex Hospital whether you had been a patient there—I said I believed you had been a patient there, but I never inquired there—I did not tell the Magistrate I had—we made a joint report each time we examined you—I do not generally act for the Railway Company; I have done so before now, and also for plaintiffs—I never saw you before the accident, but I have seen a good many backs, and I have no doubt, from my experience and my
studies, that your back could not have come into that state under a long time.
BARNARD HOLT . I live at 14, Savile Row, and am a Fellow of the Royal College of Surgeons—I examined the defendant on 5th June, 1872, at Battersea, in the presence of Mr. Savery, Mr. Heath, Mr. Marsh, and Mr. Edgcumbe—I have heard Mr. Heath's evidence as to the back, and agree with it entirely, that it is the result of cupping and blistering, and that the malformation'had existed for many years—it certainly could not have been the result of the railway accident—the whole upper portion of the spine was curved uniformly backwards, and the ribs projected unnaturally, there was undue rigidity of the muscles—all those facts are perfectly consistent with the projection being one of very long standing, and not consistent with any recent accident—I examined him again on the 5th June, 1873, with the other gentlemen—I agree with what Mr. Heath has said with regard to the bladder, and so on—he was described as suffering from incontinence of urine, the result of a paralytic condition of the bladder—and as I never saw such a case in a man who was walking about, I desired to examine it by passing a catheter, but that was refused—the external appearance of the parts was perfectly natural and healthy—if there had been that kind of incontinence that he alleged, the appearances would not have been the same—Dr. Edgcumbe advised him not to allow my examination, simply because he had passed a catheter before, and he had not found any stricture, and it would be rather doubting his statement, and also it might give him pain—it does give pain—he passed water twice in my presence, twice, about one oz. and a quarter each time—if his bladder had been paralyzed and empty that would have been utterly impossible—it required expulsive power.
Cross-examined. We were examining you for about an hour and a quarter the last time—on 5th June, 1873, we made a thorough examination—your bladder was alleged to be worse then—you were wearing a urinal.
WILLIAM SCOVEL SAVERY . I am a Fellow of the Royal College of Surgeons, of Broad Street, Grosvenor Square—I examined the defendant on 5th June, 1873, in company with the other gentlemen—I coincide with their opinion with regard to the deformity of the back, with regard to the cupping and blistering, and as to the bladder.
SQUIRE WHITE (Detective Sergeant). I took the defendant into custody on 20th July last, on a warrant—I read it to him twice—his wife was About to make a statement, but he stopped her, and said he thought something like that would happen.
The Prisoner read a long defence to the Jury, which, in substance, was a repetition of his evidence at the trial, alleging that the injuries he received were the result of the railway accident.
The following Witnesses were called for the Defence. DR. JAMES EDGCUMBE. I reside at 24, Brunswick Square, and am a Doctor of Medicine—when the prisoner was last examined by all the doctors he passed water with the greatest difficulty—I have several times tested his water, and thought it very unhealthy—I did not observe the bedclothes wet, but I heard about it—I have noticed an unpeasant odour about his clothes, and in consequence recommended him to wear a urinal—I found, on examination, the urethraquite free from disease—I introduced the catheter twice—there was partial paralysis of the bladder—I did not see him until six weeks after the alleged accident, and he complained of inability to
control the functions of the bladder—I believed that arose from the accident, otherwise I should not have continued to attend him—I have no doubt the inflammation of the back was the result of the accident, but with regard to the swelling underneath the inflammation, my opinion was unquestionably influenced by the statement of the prisoner and his wife—the accident might have caused it—loss of power of controlling the functions of the bladder unquestionably indicates mischief to the spine—there was a slight curvature of the spine, but it was of a lateral nature—the prisoner had a serious relapse the beginning of this year, the only new feature being a severe inflammation about the bone—I could not connect this with the accident, but the state of health in which he was might have induced a recurrence of any tendency to inflammation about the bone—I did not see any affection of the bone soon after I was called in—if he had another relapse it might be more severe than the former one—he requested another physician should be called in, and Doctor Kellett was called in—I called on him at all times and without notice, and always found him in bedthat is to say within a week or two of his going to the sea-side—the last time I called on him, I' think, was on the 27th or 28th of July—when he was recovering I occasionally found him out of bed, but I always saw him in his room—I understood he had been confined to his bed six weeks before I was called in—I never saw anything about him to lead me to suspect that he indulged in drinking—very likely I should have discovered it if he had—in conjunction with the other doctors I leeched, cupped, and blistered him, and he said the treatment was always accompanied with relief—I made a joint report with Dr. Marsh—I recollect attending while he was at Harwich—he complained then very much of his water, but I did not test it—on the 3rd of May, 1872, I met Dr. Cooper, Dr. Marsh, and Mr. Webb—after I had described his symptoms and my treatment, Dr. Cooper said he thoroughly endorsed all I had done—it was ultimately proposed by Dr. Cooper and myself that the matter should be settled by an arbitrator, subject to the approbation of Mr. Webb, his solicitor—several months passed away without the negotiations for an arbitration coming to anything—I recollect meeting Dr. Cooper on the platform at Paddington, and having our usual friendly conversation—I said I was surprised to find that the Company had put in a plea that the prisoner was not in the train, and Dr. Cooper laughed in a good natured way and said "You know we do not admit anything, we dispute everything;" and then he laughingly said "He was in the train sure enough"—of course Dr. Cooper did not speak from his own knowledge—I happened to mention that circumstance to the prisoner, and hence it is that I am obliged to reveal it now, though it was said to me as one gentleman speaking to another—I find, upon looking at my notes, it was about nine weeks he was confined to his bed in Mawbey Street—during the trial at Westminster there was an accident in Court, some of the ceiling falling down, and the prisoner swooned and had to be taken out and laid upon the floor of Westminster Hall, and have stimulants and water thrown over him—he certainly looked during his examination very ill—I cannot speak to the fact of his head being affected during the time he was under examination, but he complained to me of his memory being affected—I cannot say whether he was in Court during any of the time of the Company's witnesses being examined, but I think it was whilst they were being examined that the glass fell down, at any rate it was at the commencement
of the Company's defence—I was prosecuted in this case for conspiracy, and the charge was withdrawn—during the visit of the doctors the first time my impression was that he could not move his legs freely, but he could to some extent, which is very common in these cases of paralysis not being complete—it was more of an impending paralysis than actual paralysis, as I have stated in my report—I saw his child down at Harwich, in a perambulator—the first time I went to Harwich, the prisoner was not in—the child is a healthy child, and a healthy child is certainly prima facie evidence of healthy parents.
Cross-examined by MR. M. WILLIAMS. From the first time I saw him up to the trial I implicitly believed the statements he made to me, as to his symptoms and as to the injuries he had received—if I had known there had been a lump before the alleged accident, I should have modified my report considerably—I did not know he had tumbled down the area steps the night before, but I have heard a good deal about it since—he did not mention to me at any time that he had suffered from inflammation of the bladder—I introduced the catheter to ascertain the condition of his urethra—he did not mention to me at any time that he had been attended by Dr. Evans—I heard him say that he had had rheumatism several years before—upon my second visit to Harwich I should think I talked to him fifteen or twenty minutes, but I did not upon that occasion make any medical examination—I entirely relied upon what he told me of his symptoms, and upon that I formed my opinion.
Re-examined. I cannot tell what accident produced his symptons at all DR. COOPER. When I first went to see the prisoner I was by myself, and I was refused admittance—I did not say that the Company wanted to settle the case, and that the case was at the Company's fingers'-ends, nor any words to that effect—I did not say I should go back with a fool's errand—I said I had: come to report upon the case for the Company, and I thought it would be bringing me a long way for nothing, to send me back again and have to do the journey again—I was told the reason of my being refused admittance was, that the prisoner had been told not to see me unless his medical man was present—I do not remember saying to Dr. Edgcumbe "I endorse your opinion"—I do not recollect stating to Dr. Edgcumbe what Dr. Edgcumbe has stated I did—I did not express any opinion that he was in the train, because I knew it was doubtful at the time—Dr. Edgcumbe called upon me on several occasions about the matter, and my opinion was, it being a medical question, it would be much better that it should be tried before medical men—I should have agreed to an arbitration if I knew he was not in the train; that is to say, I should have been willing to leave the whole question to arbitration—I named an umpire, Mr. Sedgwick Saunders.
Cross-examined by MR. M. WILLIAMS. I examined the defendant on the second occasion, in June of this year, in conjunction with Mr. Barnard Holt, Mr. Savery, and Mr. Heath—I did not believe that the lump on his back could by possibility have been produced by the accident—I believe the apparent loss of power in the limbs and tendency of the spine to be grossly exaggerated by the patient, and in my opinion the cause of the apparent soreness or inflammation on the exterior of the hump or lump, was produced by the irritation ensuing from the treatment he had received, that treatment consisting of rubbing stimulating lotions, in cupping, blistering, and soon—I did not find that he could move his legs actively
in bed, but he moved them as directed, and the muscles of the leg were firm and well-nourished—I did not believe he was suffering from any serious mischief at all to be connected with the accident—I heard Mr. Barnard Holt, Mr. Savery, and Mr. Heath examined, and I entirely concur in their evidence.
Re-examined A person who could move his legs in the way the prisoner did, would be able to stand upon them—the way in which he moved them was by drawing his foot under him and raising his knee.
JOHN WEBB . My office is at 159, Euston Road—I conducted the action brought by the prisoner against the Metropolitan Railway, and I undertook the case in the full belief it was a genuine one—the Company sent a letter without prejudice offering him 501., which he declined to accept—there was a proposal that the matter should be settled by arbitration, but it fell through in consequence of the parties being unable to agree as to an umpire—I was present at a meeting with Dr. Cooper, and I understood him to indorse the opinion of Dr. Edgcumbe—I wrote to the prisoner instructing him to send me an account of all expenses he had been put to, and I have here the receipts—I wrote to the clergyman of the parish as to his character, prior to going on with the action—I have seen him once or twice at his house, and frequently at my office, and on no occasion have I seen any indication of intoxica tion—I was included in tine charge of conspiracy, which charge was subsequently withdrawn.
Cross-examined by MR. M. WILLIAMS. Mr. Digby Seymour was my leading counsel in the action at Westminster—I had a junior counsel, and such other assistance as my office could afford, and as I thought necessary—I think I had never heard of a man of the name of Denham before the trial—I have looked at the instructions, and I do not see his name.
Re-examined. I am not sure about it, bat I do not recognise the name—there was nothing mentioned at the trial about arbitration or compensation, or Dr. Cooper having said he was in the train.
CHARLES LEADER . I was in the habit of seeing the prisoner in Bennerley Road after the railway accident, and previously to 22nd March, I had seen him frequently at different places—before the 22nd March, in my opinion, he was a thoroughly healthy and active man in every respect—I never noticed anything in the shape of deformity about him—when I saw him after the accident, his appearance in every respect was greatly altered—he was not like the same man, and does not look tike the same man now—during my visits I did not see him out of bed at all, and I never sent word to say that I was coming—I have known him between four and five years, and I have never seen him intoxicated—I visited him in Mawbey Street after he came from the sea-side—that was a considerable time after February or March, in the following year—he was very bad then, and he told me he had had a relapse—I saw some of his water in a bottle, and it was very thick—he was suffering greatly at that time—I did not see him use a small vessel in bed there, but I saw him use a galley-pot in Bennerley Road—I did not know him when he kept a trap, but I had frequently heard of his keeping one—I do not think it was possible from the state I saw him in, he could have gone into the garden as has been stated—he showed me bruises on his shoulders and legs on one occasion—before the accident his usual walking pace was over three miles an hour, and on
one occasion I had quite a job to keep up with him—there can be no doubt that at that time he could have kept up with a man walking a mile and a quarter an hour—I am thoroughly certain he could walk over three miles an hour—I never saw him use a stick before the 22nd March, but I have no recollection of seeing him without one since that time—I saw him while he was under examination at Westminster Hall; I thought he seemed very bad, and my idea was that his head was affected.
Cross-examined by MR. MATTHEWS. I am a carpenter and builder—sometimes on my own account—at this time I am not a builder on my own account, but I am engaged in building pursuits—I am in the employ of a builder—I was examined in the Court of Common Pleas—I remember being asked whether I had seen the defendant at his own house, and answering "I really do not know where I saw him;" but that was before the accident—I did not say anything about the bruises then—I was not asked the question—I never noticed the prisoner stoop at all before the 22nd March—I bad more intimate knowledge of him than merely knowing his name and seeing him pass in the street, because I knew him in the way of business.
Re-examined. I spoke to him many times before the accident, asking him the price of timber and so on.
DANIEL JOHN TOOHLEY . I am a builder, and reside at Battersea—I had two business transactions with the prisoner, and they were within a month of the time of the accident—on the 19th March I paid him 48l. 8s. 8d. and a little more than a week before that I paid him 11l. 11s. 1d.—I daresay I have expended in timber since the time of the accident 500l. or 600l., And in ready-made doors, sashes, and frames 50l. or 60l.—if the prisoner had been in business and his prices suited, I should have given him the chance of executing the orders—I had seen him frequently previously to the 22nd March, and always considered him a strong, healthy, and thoroughly active man—I never noticed any deformity about him—he could walk fast; as fast as I could—I did not see him till within three weeks of the trial at Westminster—he was then greatly altered, and looked as if he had had a serious illness—he looks better now than he did then—during the times I have seen him I have never seen him in the least intoxicated—we have had a glass of ale together on two or three occasions, but I am sure I have never seen him drink any spirits—at the time of the accident he was doing business for ready-made doors, frames, and sashes, and it was he that introduced me to Mr. Parker—I do not recollect his remarking during his examination upon the trial how bad his head was, but he appeared to me to be thoroughly confused, and as if he did not know what he was saying—before the accident, I never saw him with a stick, but since the accident he has called on me twice, and each time he had a stick.
Cross-examined by MR. MATTHEWS. I have not my ledger here—the prisoner solicited orders for Mr. Parker, and he would get a commission both ways.
Re-examined. He sold the articles to me at his price—I did not know where they came from before the trial—I did not know what profit he would get upon the things.
GEORGE ARTER . I have a timber yard at Kensington—I was subpœnaed upon the trial at Westminster—I have known the prisoner about ten years—previously to the 22nd March, 1872, I considered him a healthy and active man, and I never noticed any deformity about him—I have done business with him, and paid him a good deal of money during the six years
I have dealt with him—I should think between. 2,000l. and 3,000l.—there has been a great alteration in him since the 22nd March—he is not like the same man—I should consider his income at that time 200l. a year—he kept a horse and trap seven or eight years ago—I have not known him to have any illness since the time I mesmerised his knee, and that must be eight years ago—I have never known him anything but as a very sober man, and have never seen him intoxicated during the ten years I have known him—I never saw him with a stick on any occasion before the 22nd March, but since the accident I have seen him using a stick.
Cross-examined by MR. MATTHEWS. I have never had any business transaction with him since 1868, but I have seen him occasionally—I did not notice him sufficiently.
Reexamined. Though I did no busines with him since 1868, I saw him frequently in the year 1872, and I could easily have got at his address if I had wanted it.
HENRY HAWKINS . On the 22nd March, 1872, I kept a grocer's shop at the corner of Northcote Road, Battersea Rise, and was in the habit of seeing the prisoner almost daily up to that time—I considered him then a strong, healthy, and active man—since the 22nd March there has been a great difference in his appearance—he looks ten years older—I have seen him almost daily up to the 22nd March, and I never saw him intoxicated, or ever heard of his being intoxicated.
Cross-examined by MR. MATTHEWS. I was examined in the Court of Common Pleas, and remember being asked whether I ever noticed any protuberance or hump on his back, and answering that I did not take so much notice of him as that—I never went to his house before the accident, but he came into the shop to order different things.
Re-examined. We have had a glass of ale together—I never saw him drunk, nor have I ever noticed any deformity on his back.
FREDERICK GEORGE HALL . At the time of the trial at Westminster I was a builder's foreman—on the 22nd March the prisoner was in his usual health, and I could see no cuts or bruises about him to indicate that he had fallen down—I have known him ten or twelve years—I visited him on the morning of the 23rd, and I found him in bed in a very bad state—previously to the accident I always considered him a thoroughly healthy and active man, and a very good walker, I have never known him before the accident to require medical attendance—I visited him twice in Mawbey Street and he appeared then to be suffering from great weakness; he mentioned to me something about having had to buy some instrument for his water—I noticed before the accident that he was round shouldered, but I saw nothing of any protuberance—there has been a great alteration since the accident—I have never seen him intoxicated during the time I have known him—I consider during the time he was under examination upon the trial at Westminster, he was very much confused and did not know what he was saying—I have frequently seen him walking with a stick since the trial.
Cross-examined by MR. MATTHEWS. I was examined in the Court of Common Pleas—I do remember the prisoner saying something to me, about the time of the alleged accident, as to his having tumbled down some steps—I should think it would be three or four days before the 22nd March—I believe he stated that he stumbled, or that he made a false step thinking he had got to the bottom.
Re-examined. I saw him on the morning of the accident, and I saw no cuts or bruises.
SUSAN MARIA TUCKFIELD . I am the prisoner's mother—on the night of the accident, soon after he was brought home in a cab, his wife came over to me and knocked very hard at my door—I went over and saw him the first thing next morning—his wife had told me he had met with a railway accident—I found him so bad that he could not stand—he was in bed Mrs. Harris went and fetched some brandy and water for him when he fainted away—he was not in the least intoxicated—I was aware at the time of his going to the seaside, that Mrs. Harris was nursing him—I brought him over nourishment—different things to tempt his appetite—I continued to visit him five or six weeks from the time of the accident—I came quite unexpectedly and always found him in bed, except when the bed was being made or changed, and then he would be sitting in an arm-chair by the side of the bed—during the time I saw him he might have had a little drink, but he took the spirits medicinally—I do not know exactly that they were always taken medicinally—I consider that his back has altered much for the worse since the accident—I cannot say there was no deformity before the accident—for many years he has had a kind of lump on the shoulder, but since the accident I can see it has been brought lower down, and I consider it is Dr. Edgcumbe that has done it—he showed me the bruises on his arms and legs after the accident—I should think it must be eight years before the accident that he had any medical attendance—that was for the rheumatics—I do not remember his carrying a stick before the accident—I have heard that his memory has been greatly affected since the accident, but I did not observe it myself—I remember his keeping a horse and trap about six years ago—I never knew what his income was—I recollect when he was in Mawbey Street, a stranger coming to tell me he was dangerously ill—I went to see him and found him very bad in bed—I did not stop more than ten minutes—he was very prostrate and could not move hand or foot without groaning, and could not turn in bed—I heard him groaning before I got to the door.
Cross-examined by MR. M. WILLIAMS. I swore an information at the Polios Court, and it was correct, when I stated that ever since he was fifteen years old he has had a lump on his back—I used to laugh and joke with him, and say he looked like a man with a boy on his back—my statement was also correct, that he was extremely poor for the last ten months before the accident, and that I had frequently assisted him with money and food—that he was almost entirely without work, and in order to support herself and the child the wife went out charring, and that he was always a weakly man—it is true that he stated the railway people wanted to take him to the hospital, but he would rather stay at home as he would get more money from them if he did—it is true I visited him for some weeks, immediately after the accident, and found him sitting up sometimes in a chair, sometimes in bed—I do not remember saying that he seemed to me pretty well—I might have said it, but I do not remember it—he told me if I would be a night nurse he would get me 10l. from the Company, but I refused to do so—I saw him at the time drinking some spirits—I cannot say four weeks after the accident, but that he had been out drinking a little—I remember on one occasion after he had been cupped asking him why the doctors cupped him, and he said they must do something to make out a case—he had a bad neck five or six weeks before the accident, I should say.
Re-examined. I would rather not answer the question as to whether I
saw him drank four weeks after the accident, when he was in bed—if I must answer the question he was a little the worse for drink—I judged it from his manner of talking—I am not sure when I asked him why the doctors cupped him whether he said "Dr. Edgcumbe must do something to get me better as the doctor in the case," or words similar—I do not remember, but those may have been the words—I am sure I heard him use the other words, "They must do something to make out a case."
THOMAS ALFRED BAXTER . I am clerk to Messrs. Smallfield, Mills, and Neam, 53, King William Street—I have been ten years in the firm—the first transaction I had with the prisoner was in December, 1871—I cannot remember to have seen him before—he called upon me on the 22nd of March—I think he bought some goods that day—the net amount paid on the 22nd of March was 3l. 16s.—he called on the 20th of March and paid 48l. 8s. and on the 18th of March he paid 27l. 16s.—altogether, from the 1st of March to the 22nd, he paid our firm 126l. 18s.—on the 27th, his wife brought some money for some goods he had previously bought of us—on the 22nd of March, as far as I can remember, he was in his usual health—I saw no outs, bruises, or marks, to indicate that he had had a fail—I cannot remember whether he bad a stick with him—he is not looking so well now as formerly—he looks older—he sometimes called at our office twice or three times a day—I have never seen him intoxicated.
RUDOLPH MULLER . I married the prisoner's eldest sister—I live at Loughborough Street, Kennington Park—I used to visit him after he had received the accident on the 22nd of March—when I saw him first, to the best of my belief, it was six or seven weeks after the accident—I do not know whether it was the end of. April, or the beginning of May—he was then very poorly, very ill—I went at different times, and never let him know when I was coming—I never saw him the least intoxicated when I came—I have not seen him drinking spirituous liquors—I found him in bed the first few visits that I paid, but I found him up at the latter end, before he went away—before the accident, I never noticed any deformity in him whatever—I should not think it likely that he could run about a fortnight after the accident—I have known him about fourteen or fifteen years—to the best of my belief, with the exception of one occasion, he was a healthy man up to the 22nd of March; that exception was about eight years ago, when he had rheumatics in the knee—I have never seen him intoxicated—I consider that he is much altered in appearance since the accident—he does not seem like the same man—I have never seen him with a walkingstick before the accident—I had seen him with one since, and since the trial, but I have only seen him three times since the trial—I came to see him in Mawbey Street, South Lambeth, several times—I have seen him try to make water, and pass it with great pain in a gallipot; it was in a very bad state, thick, and he passed very little at a time—he appeared to be in great agony before doing so—I believe this was about February of this year—eight years ago he had rheumatics and a bad eye—previous to that, I never knew him to have any illness—I believe he was then laid up for two or three weeks—I do not think it was more than a month—I have seen him very frequently during the last fifteen years, and that is the only illness I have known him to have—I have not seen him carry the child since his accident—during the trial in the Court of Common Pleas, he fainted away, and was not present during the examination of any of the witnessess for the Company—I put him in a cab and sent him home—I
recollect his keeping a horse and trap—I think it was about ten years ago, or perhaps not quite so long—T cannot say whether his income was 200l. a year then—I should not think he was strong enough since the accident, to carry his child seven or eight miles on a broiling summer's day—I do not believe his memory is so retentive, and his head so clear as it was before the accident.
Cross-examined by MR. MATTHEWS. I did not see much of him between the years 1868 and 1872.
Re-examined. I think I saw him on one or two occasions in 1872, before the accident—I believe twelve months before the accident I saw him on one, two, or it might be half a dozen occasions—I might have seen him more frequently.
SUSANNA MULLER . I am the prisoner's eldest sister, and wife of the last witness—I frequently visited him, both with and without my husband, after the accident on the 22nd of March, 1872—I had seen him several times in that year previously—I saw him oftener than my husband—when I came to see him, within a few weeks of his going to the sea-side, I saw him in bed, and I also saw him up in the easy chair; that was while the bed was being made—I never saw him the least intoxicated during any of my visits—it was about six weeks after the accident that I saw him first—I do not think it likely that he could then go about the garden for an hour at a time—he was very ill indeed; he was groaning, and could not turn round without difficulty and pain—previous to his accident he was, in every respect, an active healthy man—I am thirty-three years of age next birthday—I have never known him to have any doctor or any medicine for any complaint whatever, and he was at home with me until I was married, eleven years ago—this accident has altered his appearance—it has altered him as regards his deformity—before the accident he was a little round-shouldered, but not to the extent he is now—he had never any accident to cause a deformity; he was not born with one—he was round-shouldered from growing fast as a youth—I visited him several times when he had a relapse, in Mawbey Street—I found him very bad indeed; I did not think he would live—I have not seen him carry his child since the accident, either indoors or out—I used to go on week-days as well as Sundays—his wife has told me that she was with him both night and day, and she appeared thoroughly worn-out with nursing him—he was so bad that he could not walk; he could not come to see my child, who was ill—he has not been for years upon friendly terms with his sister Eliza, she has always been of a most violent temper, and from her childhood she has gone by the name of "Spitfire"—he has told me that it was through Eliza that he left home—I do not think his mother was on friendly terms with him at the time of the accident—I have seen him use a walking-stick since the trial at Westminster—I believe he had a railway accident.
Cross-examined by MR. M. WILLIAMS. I was called as a witness in the Court of Common Pleas for him—I was not asked whether he had a lump on his back before the accident—I was asked whether he was deformed before the accident—I was not asked "Have you noticed an appearance on his back of nor did I say "No, never"—I have not noticed an appearance on his back, not as a lump—I was not asked that question—I was asked if he was a little stooping—I think I was asked whether he had a deformity on his back—I was asked whether I noticed that he had an appearance on his back and I did answer "No, never"—the counsel then said to me,
"What, not now?" and I said "Yes, now there is, but not before the accident"—the counsel then said "There is a lump on his back now," and I said "Yes"—the counsel then asked "Did you never observe it before the accident?" and I answered "No, it was not there;" and I say now that lump was not on his back before the accident.
DAVID DENHAM . I have known the prisoner for eleven or twelve years—I think I had not seen him for four or five years before the 22nd of March—I remember meeting him near Gower Street Station on the night of the 22nd of March—as far as my recollection goes, it was from 9 to 9.30—I saw no mark, cut, or scratch about his face or hands at that time—he was not drunk in the least—he told me he was going home to Clapham—I never saw any deformity in his back, except that he was a little roundshouldered—I have heard of his sister Eliza speaking about his back, and saying how ill he was—I have not heard her say SO—I saw him shortly before the accident, and he was not in the least intoxicated.
Cross-examined by MR. M. WILLIAMS. I was not called at Westminster Hall because they did not know my address—I had not seen the prisoner for five or six years before this night—it was Friday evening, as far as I remember—I remember that particular night, because I was going for two boxes that had come by train from Nottingham; that is how I remember—that was the first time I had seen him for the period I have mentioned.
GUILTY — Twelve Months' Imprisonment.
MR. SIMMS conducted the Prosecution. JAMBS WESTON. I am shopman to, Messrs. Dickenson, of 73, Farringdon Street, booksellers—I remember the prisoner coming to the shop and offering for sale this book—he asked me if I would buy it—I said I was not justified in the absence of Mr. Dickenson, and I told him to call again in the evening—when Mr. Dickenson returned home, I went to Mr. Sotheran's.
EDWARD WHITBY . I am assistant to Mr. Henry Sotheran, 136, Strand, bookseller—I recognise this book as our property, from a private mark—I missed it off the counter about a week previously to receiving it from Mr. Dickenson—it was a show volume—I replaced it by another copy with a different binding—I am positive it was not sold to anybody—there is a companion volume to it, and the price of the two volumes is eight guineas.
Cross-examined. I am quite positive the book has never been sold.
DAVID HUTCHINSON . I am assistant to Mr. Sotheran—I remember having seen the prisoner three distinct times in the shop—I do not remember the book being missed—it was not in my department—I remember seeing the prisoner standing one evening for at least ten minutes at the counter where this volume used to be.
DAVID HAWKINS (City Detective). On 20th September I went to the shop of Messrs. Dickenson, and-while I was there the prisoner came in—I had been waiting an hour for him—I told him I was a detective officer, and showed him this volume—I asked if he was the person who had brought it, he said he was—I asked how he got possession of it—he said he bought it from Mr. Wilson of Ramsgate, and he had had it for some time—I told him I did not think his statement was satisfactory, and I should take him to the police-station and charge him with unlawful possession of ithe was taken up before the Magistrate and remanded.
HENRY TOWELL . I am gaoler at the Guildhall Justice Room, the prisoner was confined there on the 20th September—he asked to see Hawkins, and said he wanted to make a confession—I went out to see if I could find Hawkins—he asked me if I could send a message to Hawkins, to ask him not to go to Mr. Wilson's at Ramsgate, as he did not get the book there as he had stated, but he got it from a hawker in the street.
GUILTY — Eighteen Months' Imprisonment.
OLD COURT.—Thursday, October 30th, 1873.
Before Mr. Justice Archibald.
MR. PLATT conducted the Prosecution; and MR. GRIFFITHS the Defence.
FREDERICK BROWN (Policeman E 190). On the morning: of 19th September, about 6. 20, I was called to 22, Princes Row, Newport Market—when I got to the door I heard screams—I went up stairs—I tried the handle of the door; hearing screams, I burst the door open—I saw the prisoner's wife on some boxes at the foot of the bedstead, and the prisoner standing opposite her with a large two-gallon earthenware jar—he appeared to be in the act of striking her with it—he had got his arm up—I collared him, and caught hold of his wrist to prevent him striking her—I saw that a piece of her nose was bitten off just at the point, and she was smothered in blood, perfectly blind—I sent her to the hospital, and took the prisoner to the station; he was very violent—when I pulled him from her, he said he should like to have done for he; still, he was satisfied—I produce two flat irons which I got from the little girl, they weigh about 8 lbs.—I also produce the woman's nightgown and chemise; they were smothered in blood—the prisoner was quite naked when I went into the room.
ELIZA ERSTING . I am fifteen years old, and am the prisoner's daughter—about 6 o'clock, on the morning of 19th September, I was with my father and mother—I was awake—I saw my father beating my mother with the flat irons in the bed; I ran and took one of the flat irons away from him; he then took up another, I ran down stairs, and he threw it down the stairs after me—my mother was sober; she had the baby in bed with her—she was in bed when he commenced beating her—I went for a policeman, but could not see one—a little boy on the second-floor fetched one; I got back in a few minutes; I could not get into the room, the door was locked, the policeman and I went into the room together—my father was beating mother with his fists—I ran down and fetched up the irons—when the door was opened he had the large two-gallon jar in his hand; there was blood on his shirt, I saw that when he was standing at the door, when mother asked for a drop of water—my biggest brother had burst open the door before that, and then I saw my father's shirt-sleeves full of blood—I called out "Murder!" when I saw him beating mother with the jar—I did
not see him do anything else, I was in such a flurry seeing my mother in such a state.
Cross-examined. I think this must have been about 5.30 in the morning—I slept in a bed in the same room with mother and father; there were two beds—we only had one room—there are knives kept in the drawer—I don't know anything about a coal-hammer and pickaxe—they went to bed quietly at night, and never said a word—I was awake when they went to bed—father very often gets tipsy, and he is very violent then; he is always a good father when he aint drunk—one night when we ran away from him, when he had had some drink in him, he said he saw a lot of things about the room, but we were not in the room at the time—he said he saw all manner of things, an old lady and old gentleman—he did not say he saw the devil—he said he saw cats running about the room—we had one cat—I have not heard him say that he saw cats running up the bed—he told my mother once that he had thrown himself in the Thames—mother did not believe him, because he went to my aunt's—my aunt said she did dry his clothes for him—she is not here—he was very tipsy that night, but he was sober when he told us—he said he found himself sinking, and so he swam back to the place where he threw himself off, he found his boots were full of wet sticking to him—he did not say why he threw himself in—I did not hear him say he thought the devil was after him—I saw my mother kit him on the night before this happened—I only saw her hit him that once; it was because she asked him for a trifle, and he would not give it to her; she hit him with her hand, slapped his face; she was very angry with him—he did not hit her back—I was not awoke by my mother quarrelling with him in the morning; she did not say a word, only when she called out "Take the iron from him"—I saw him take up the iron and hit her—I did not take some money out of his pocket one night when he was in bed and give it to mother—I did take a half-sovereign and four two shilling pieces out of his pocket, but it was mother's money—when he came out from his two months' he saw the purse and grabbed hold of it, and there was a fight about it, and that was how his fingers were all cracked—he got them inside the purse and the snap cut his fingers—he bit mother's fingers—I toot the purse out of his pocket and gave it to mother—I did not see her hit him then.
FREDERICK BROWN (Cross-examined). I have been four years in the force—the prisoner was not so very excited, he knew very well what he was doing and what I said—he was in a temper—he did not tell me that his wife had bitten his finger—I did not notice blood on his finger till I got to the station; I did not examine it—he did not say he was bitten—there was a lot of blood on his hands from the woman—I saw a place on his hand, whether it was cut or not I can't say; I saw a small wound—he was naked when I went into the room—he had no shirt on—he was standing with the jar in his hand, apparently in the act of striking the woman; I seize it and took it from him—I did not notice that his eyes looked wild—I searched the room for the piece of the woman's nose—I did not search for knives or a coal-hammer.
FREDERICK WILLIAM WATKINS . I live at 22, Princes Row—on the morning of the 19th, I heard a disturbance in the prisoner's room—I stood outside the door and saw the prisoner strike his wife with a flat iron across the forehead—I went for the police.
Cross-examined. I had not known the woman long—she was not in the habit of getting tipsy, to my knowledge.
JOHN SHINGLES (Policeman C 191). At 5. 40 on this morning I was called to the prisoner's house—I went there with the other constable—the prisoner had the jar in his right hand, in the act of striking his wife—I stopped that and took him into custody—he said he did not care, he was satisfied, but he should like to have done for her—as I was taking her down stairs, he rushed from behind us and struck her in the face with his clenched fist, a regular straight out blow.
Cross-examined. He did not seem like a madman to me—he knew what he was about—I did not notice any wounds on his fingers—there was blood on his hands—he did not look wild about the eyes—he was perfectly sober—he walked to the station between me and my brother constable—he was very violent and obstinate—he could walk as well as I could, and run too—he said he would do a run for it—the room door was not open when we first got there—we had to burst it open—that did not take us above a second.
ELIZA ERSTING . The prisoner is my husband—on Friday, 19th September, about 6 o'clock in the morning, I was in bed with my baby—my husband got out of bed, and came back to the bedside in his shirt, took up a flat-iron, and beat me about the legs with it—I screamed out to my little girl "For God's sake take the iron from him"—there had been no words between us before he got out of bed; he never spoke to me—the child took the iron away from him—he then took up another and repeated the blows on my legs and arms—they were very heavy blows—he cut a wound on the left leg—I had four or five blows from each iron—the little girl then ran out of the room—I fell off the bed on to the floor with the pains in my legs and arms—whilst I was lying on the floor he seized me by the two fingers and bit them very badly, and he also seized me by the wrist nearly taking three pieces out of my arm with his teeth—I begged him for mercy's sake to leave me alone—I tried to get up and go towards the door, and he knocked me down just by the door; he pushed me down with his fist and I fell, and then he threw two heavy pieces of wood on my head, causing two wounds, one on each side of my head—I tried to get up, but he would not let me—there was an earthenware pan of cold water in a chair, and he threw the water over my body, and threw the pan on the top of my head, causing a wound—my head was then bleeding from the two wounds caused by the wood—he then took up a two-gallon jar and beat me very much about the legs with it—by some means or other I knocked it out of his hand—I then got up off the floor, sat in the chair, and then he tried to strangle me with his hands; but before that he beat me very much about the face with his fist while I was in the chair, about the nose and lower part of the mouth, and the teeth projected through the top lip—my lip was very much cut and swollen; his hands were all over blood at this time, and being so bloody they slipped when he tried to strangle me—he then twisted the hair of my head round his hands and tried to break my neck—it almost took the breath out of my body—he then beat me about the head and face till I could not feel any more; my head and face were benumbed—he then seized me by the nose and bit part of my nose off—after that he said he had had enough, and he would go away for a little time—he remained in the room—he made me pull the bloody shirt off of him, and told me to find him another—I gave him another by some means or other; I don't know how—it was one
of my son's—I remember nothing further till I was at the hospital—I screamed "Murder!" several times, but nobody came to my assistance till the police came, just in time to save my life—the jar was not broken—on the evening before, the Thursday, I had taken my six children to my mother's, after having a few words with my husband—I remained at my mother's till 2 in the morning—he came there and forced the door in, and made me come out with him—he wanted me to come by myself—I said "No, my little girl shall come too"—in the end I did go with him—we went to bed quietly; he never spoke to me—we have been married nineteen years—he has been in the habit of drinking all his lifetime, but for three, or four, or five months together, perhaps, he was a sober man—when he has been in drink he has ill-treated me—he was sent to prison for two months for ill-treating me, and the second day after he came out he said he would never eat or drink till he had killed me—he came out on the 8th September.—on the Thursday morning he went down to the postman and brought up a small piece of paper, and said he had signed his name to go abroad, and asked if I would go, too—I said no, he might go himself, and leave me and my children—he went out after that, about 9 o'clock in the morning, and came back about 12 o'clock in the day—I went with him to my sister's, at Brompton, on that Thursday—he told me on one occasion that he had thrown himself into the Thames.
Cross-examined. The day he came out of prison I met him, and we went and drank some spirits together, and had rather more than we ought to have taken, but we had no words over it; we both got very tipsy—he had not taken a great deal after that, he had some—I don't think it takes a very great deal to make him tipsy—he was drinking day after day after he came out of prison—gin was his principal drink—the night before this happened I struck him at the street door, after we came home from my sister's, because he would not give me a portion of the money my son had sent—he did not return the blow—I believe he did throw himself into the Thames—he takes such a deal of drink that he does not know what he does—when he takes so much drink he is really out of his mind—after leaving me that night, when I struck him, a friend of his, Thomas Dowd, took him away and he drank to that excess that he was right out of his mind—he came home to me in a stupid manner—he has imagined that he has seen all sorts of things in my room in the morning after he has had a drink overnight—he has imagined the Devil was after him, and all manner of things—we have knives in the table-drawer in the room where we sleep—he never attempted to take anything of that description—we have a coal hammer and pick axe—on this morning he was nothing else than a raving maniac.
By THE COURT. He is a tailor, the pickaxe is a thing we have had by us a long time—it was in the room, and was used to break up coke for the fire—I don't wish to go hard against my husband—I hope you will be as lenient to him as you can, as I shall be left with six children—I don't want to do him any harm whatever.
GEORGE BROWN . I was house surgeon at Charing Cross Hospital, on 19th September—the prosecutrix was brought there by the policeman—I examined her—she had two contused wounds on the back of her head, one on the right and the other on the left side, an incised wound on the forehead about an inch and a half in length, extending to the bone—her face was very much swollen and bruised about the eyes, so much so that she was unable to see, or to open her eyes; the tip of her nose had been bitten
off—she had some marks of blood round her neck, as though she had been grasped by fingers—her lips were very much swollen and there were also wounds; the inside of the upper lip was cut, as if struck against the teeth—she was also bruised about the legs, and there was an incised wound on the left shin, the skin was broken—I sewed up the wound; she was bruised in other parts of the legs, and arms—she also had marks of teeth about her fingers and wrist—the wound on the forehead might have been produced by an earthenware vessel—the wounds on the back of the head must have been produced by some heavy instrument, such as a flat-iron; she was perfectly sober—I considered her life in danger—she had lost a large quantity of blood, her clothes were saturated, it streamed from her as she was brought to the hospital—she was there three weeks.
Cross-examined. If a person is continually in the habit of taking spirits it may produce delirium tremens—I do not think that gin is calculated to produce it sooner than other spirits—large quantities of gin would cause it—do not think it comes on suddenly of a morning after heavy drinking—there are premonitory symtoms before the violence, such as a confused manner—I have never seen it come on suddenly—it comes on by continuous drinking—a patient suffering from delirium tremens has very little notion of what he is doing; that is often the case when a man is simply drunk—when a man has delirium tremens he may answer some questions naturally—I don't think he would be likely to attack those dearest to him; they will do extraordinary things if molested, and imagine things that do not exist. Re-examined. A man would not be liable to a sudden attack of delirium tremens—if he went to bed drunk it rarely or ever happens that be wakes with a sudden attack of delirium tremens; some time would elapse, and it has a well-marked course—I never knew a man suffering from it attack anyone unless he was attempted to be restrained, and any firm person can keep them quiet without restraint or violence. The Prisoner's Statement before the Magistrate:"I treated my wife on Thursday; she came home and she struck me; she was very cross all day long; she insulted a friend of mine. He said I had better come away. My wife and I had not been together till the Friday; we had been drinking the whole of the time. A friend told me she had a warrant against me, and said she had a piece of paper written on in lead pencil. She said 'If you like to come home and live quietly I will be quiet and good to you as I have been before. 'My sister-in-law came, and my wife treated us to some gin. I was taken ill and stopped in bed till Wednesday. I wrote a letter to my son and he sent me a 21 note. My wife said ‘That money belongs to me. I said 'I am the father of the lad, and he refused to send you any money. 'I spent nearly the whole of the money with her on the Thursday. I am sorry for what has happened."
GUILTY on Second Count. — Ten Years' Penal Servitude.
NEW COURT.—Thursday, October 30th; and
OLD COURT.—Friday, October 31st, 1873.
Before Mr. Justice Honyman.
667. YOUNGHUSBAND CHRISTIAN (31) , Unlawfully converting to his own use two cheques for 289l. 13s. 9d. and 336l., entrusted to him as a servant by Mary Ann Spooner. Fourth Count—Converting the proceeds of the 336l. cheque.
MR. MEAD conducted the Prosecution; and MR. COLLINS the Defence.
JOSEPH BOUGHTON . I am clerk to Messrs. Wilson and Son, of 44, Lincoln's Inn Fields, solicitors to the prosecution—on 21st October I served on the prisoner in Newgate a notice to produce all-books, letters, and papers, and served another on his attorney, Mr. Robert King, of Lombard Street, at his office in Clement's Lane, on the same day—these (produced) are copies of them.
MARY ANN SPOONER . I am the widow of the late Professor Spooner, of the Veterinary College, Camden Town—he died in 1871—in 1872 Professor Pritchard called, introduced the prisoner to me, and left him with me—the prisoner offered to make any investment I wished free, out of respect to my late husband, and he made several investments for me, up to November, all of which were correct, and I expended 1,000l. or 2,000l.—on November 12th he held of mine over 200l., which I had entrusted to him to get "Water Works "with—the signature to this letter of November 12 is his writing—(This enclosed an "Amended Scheme of Investment" amounting to 1, 300l., which would produce 89l. per annum, which he advised Mrs. Spooner to adopt at the then low quotations. Signed Y. CHRISTIAN:) I don't exactly know how much he had in hand of mine on November 12th—on November 14th I received this letter from the prisoner—(Read: "Dear Madam, I have much pleasure in enclosing contract note for so much Stock, which I have reason to believe will pay you very well. I hope to get the Japanese to-morrow. Railways, Great Western and Caledonian, are expected to give good dividends. Your obedient servant, Y. CHRISTIAN." This contained a contract note for Stock, amounting to 848l. 18s. 9d.)—On November 15th I wrote him this letter (produced) and sent him this account, showing the state of my account with him—(Letter read: "Dr. Sir, I enclose a statement of account, with a cheque for the balance, which I hope you will find correct; when I know the amount of the Japanese I will forward you a eheque for the same")—This is the cheque I enclosed (produced)—before 15th November I had asked him verbally to get me two Japanese Bonds and some United States Bonds, that was before I got the "amended scheme," or on that day; and on 27th November I received this letter—the Japanese Bonds are 100l. each—(This letter was signed Y. Christian, and dated November 27th, it stated: "I enclose a contract note for 300l., making 336l., these 300 were offered to me in one lot, and I thought myself fortunate in securing them for you, and have no doubt you will ratify what I have done. The Japanese are really a first-rate investment, and will pay 8l. per cent., and my apparent dilatoriness in the matter has been caused by my endeavour to get them cheaper if I could")—This contract note for 300 Japanese was enclosed, and I wrote this reply on the same day: "Dear Sir, I have just, received your letter and contract note for three shares I enclose a cheque for 336l. I am much obliged to you, and perfectly satisfied that You have purchased the three shares for me. My son Frank will be the bearer of this, and I shall be obliged if you will give him any information about the Nicholas Railway and the Trust." (This enclosed cheque for 336l. 10s., signed M. A. Spooner, which the defendant had endorsed)—I then received this letter from the defendant—(This acknowledged the cheque for 336l. 10s. for the Japanese Bonds, and stated that he would forward them as soon as they were delivered to him)—I never reoeived the Japanese or the United
States Bonds—I afterwards called on him, and saw him; I cannot exactly say the date—I called two or three times, but only saw him once—it wag about April, 1873, that I saw him—I asked him for the Japanese and the United States Bonds, and he told me that Mr. Wren, from whom he purchased them, was in his debt, and that when Mr. Wren delivered the bonds he, Mr. Christian, would deduct the amount; and I applied to him many times in writing for them—this is a copy of one of my letters—I did not make copies of all—I believe I copied this from the letter I sent to him, I did not copy his letter from this—(The original not being produced, the copy was put in; it ashed for the delivery of the bonds on the next account day, and stated that as three months had elapsed, they ought to have been delivered before)—I do not think I received any answer to that—on 14th April I wrote again, this is a copy of my letter—my letters were nearly all left by my son, and put into Mr. Christian's letter-box; the rest were posted, I do not know who by—I believe this one was sent by my son.
MICHAEL HATDON (City Detective Sergeant). I took the prisouer in custody on 15th August, and found this letter on him: (This was from the prosecutrix to the defendant, dated 16th June, 1873, and stated "Another week having elapsed without my hearing from you, I must beg you to let me have the stock, I cannot wait any longer. * * * I can only come to the conclusion that the broker has never purchased it; and if so, how can he fix the price, &c. It is seven months since the purchase of the stock.") M. A. SPOONER continued. This letter is also in the defendant's writing—(Head: "Dear Madam, your favour received at mid-day I have just opened, and am sorry you have had so much trouble in writing to me so often. I will act upon your instructions, and you will hear from me on Friday. Your obedient servant, Y. Christian.")—I only instructed him to buy two Japanese bonds, but I sent a cheque for three, because I was satisfied that he had purchased me three, considering it for my advantage—I was content that he had bought me three instead of two—after calling on the prisoner, I saw nothing of him till August 8th, when he called on me and said that he had called to prepare me for a document that I should receive the next day, which, being a lady, he thought might startle me, and it would be a notice of liquidation in Bankruptcy—he said that he was bankrupt, and wished me to accept composition—I asked him what composition he could offer; he said that he feared it would be very small, but that by my accepting the composition, he should be able to go into business again directly, and he would pay me in full as he earned it—I asked him what security I should have of that; he said that possibly he might give me some, but he could not say—nothing was said about the letters which I had written—I declined to make any arrangement until I had consulted my friends—on the next day I received this notice (produced) by post (This was dated 8th August, 1873, calling a general meeting of the defendants creditors on 25th August).
Cross-examined. He did not mention Mr. Wren's name—I merely made use of it in my explanation to you—he said "The broker," he meant the person of whom he bought them, or he might have said "jobber."
WILLIAM WRBN . I am a member of the Stock Exchange, of 2, Crown Court, Threadneedle Street—I know the prisoner—he is a Stock and Share dealer—I am a Stock jobber, and have had a few transactions with him—this is my jobbing book (produced)—it is in my writing—on 14th November I sold to Christian 2,500, five twenties dollars United States Bonds at 93 l/2,
200 Argentines of 1868, and 200 Austrian silvers—he did not mention Mrs. Spooner's name—I did not know her in the transaction—I deal with the jobber—he told me that the securities he was purchasing were for a widow lady—on 27th November, I sold him three 100l. Japan 9 per cents, at, 112l. net, to be delivered the first account in 13th December—I could not more easily purchase three on better terms—I could have purchased only one if I had wished—nothing was said about three in one lot—I sold three, and was prepared to deliver three—the 2,500 Americans were purchased for the next account, and I should have been in a position to deliver them on the account day—I saw him on the settling day, and asked him whether he was going to take the Stock or not, and he asked me to carry them over; it was on the contango day—he asked me to carry on the U. S. Bonds to the next account, and they were carried on from time to time at his request till 20th November—they were finally sold at his request on January 11th at 93l.—he did not get the money, but I paid him on 18th January, three days after the account, 10l. 16s. 2d., which was the balance of the account—there was a loss on them, but other transactions had gone up—I put the dividends, 15l., to his credit on December 13th—the Japanese Bonds were also carried over at his request, till they were sold by his order on 14th July, 1873, at 1095l.—he never offered to take them up, but I would have delivered them at any time provided the money was paid.
Cross-examined. I saw him outside the Stock Exchange, went in, got the price and told him—I have had three or four transactions with him, and as far as I know he is an honourable man.
(WILLIAM CHARLES WOOLLARD. I am a clerk in the drawing office of the Bank of England—the prisoner had a banking account there—on 16th November, 1872, this cheque for 289l. 13s. 9d. was paid into his acoount—it is endorsed by him—on 29th November, this cheque for 336l. was paid in—his account was credited with those two amounts.
MICHAEL HATDON (re-examined). I took the prisoner on a warrant on August 15th, searched him at the station, and found on him this list of his creditors (This contained among others the name of Mrs. Mary Ann Spooner for 850l.)
MR. COLLINS submitted that there was no evidence to support the indictment. Firstly, with regard to the Counts for false pretences, it was necessary that a false pretence should have some effect on the mind of the person to whom it was made, otherwise it was how offence: that although the defendant wrote to tlie prosecutrix, saying, "The three shares were offered to me in vne lot, and I thought myself fortunate in securing them for you, and I have no doubt you will ratify what I have done, "that did not appear to have had any effect upon her mind to induce her to part with her money, because she said "The reason I sent the extra money was because I believed he had purchased three Bonds instead of two, and I was satisfied if he thought it was for my advantage;" therefore the false pretence was not sustained in any one particular. Second y; the indictment was framed under 24 and 25 Vic., c. 96, sec. 75, which enacted that "Whoever is entrusted as a broker, or attorney, or other agent, with a direction in writing to apply, pay, or deliver such security, or the proceeds, or part of the proceeds, due, and shall, in violation of good faith, and contrary to the terms of such direction, convert the same to his own use and benefit, Sec, shall be guilty of a misdemeanour?' The "direction in writing" must specify the use that the defendant was to put the money to, and this the prosecutrix's letter did not do, her cheque was drawn to Mr. Y. Christian, or order, and if there was any direction at all, it was to pay himself for the shares purchased by him; and there was a further argument with respect to the cheque for 2891., which did not represent any particular transaction, but was only drawn to balance the account between the prosecutrix and the defendant. MR. MEAD contended that as the defendant's letter stated that he had been offered three Bonds in one lot, and that persons had refused to sell him two, both which statements were untrue, both those were false pretences; and that, as to the cheque for 2891., that was to be added to Use balance in the defendant's hands to liquidate his claims upon the prosecutrix, and that the defendant had not applied that cheque to liquidate his claims upon her, because he had not delivered the Bonds to her which she intended the cheque to pay for, and that as a proof that he was acting as the prosecutrix's agent, he stated that the Bonds were for a widow lady, although no name was mentioned.
MR. COLLINS did not dispute the facts as given in evidence, but argued that, although it was possible the defendant might have committed another offence, he had not committed any offence under this particular statute.
THE COURT directed a verdict of GUILTY upon the Count charging the defendant with misapplying the proceeds of the cheque for 336l., (the fourth Count) , and reserved for the consideration of the Court of Criminal Appeal the question whether the letter of 15th November, taken in conjunction with the other facts, was a sufficient direction in writing, if not, the conviction would be quashed.— GUITLY on the fourth Count. Judgment Reserved.
THIRD COURT.—Thursday, October 30th, 1873.
Before Mr. Common Serjeant.
MR. LATIMER conducted the Prosecution.
JAMES DOUBLE . I am a shoemaker, at 37, Mitre Street, Aldgate—I have a workshop on tne ground floor—on the 9th of this month, I was working there; about 5 o'clock in the evening, the prisoner came and spoke to me in a most familiar way as if he had known me all his days—he said "Shopmate, how are you?"—he was an entire stranger to me—he said "How is business?—I looked about as I rather suspected the man—perhaps I told him how I was off for work—"Have you got a job?" said he—"Not more than I can do myself," and I turned to take a little article off a shelf when I immediately missed the shoes and the prisoner, too—the shoes were at the doorway, hanging near where the prisoner was—I called out to him to stop—he was running away—I ran after him and overtook him at Smith's Buildings, and saw the shoes lying close to the pavement—when I got there I found them in the hands of George Howell, a carman, who stopped him—the prisoner said nothing, but he tried to trip the police and the man that took hold of him—I charged him with stealing the shoes, he said nothing.
JOSEPH JAMBS (City Policeman M 732). On October the 9th, at 5. 15 I was on duty at Aldgate Pump—I went to Smith's Buildings, I saw the prisoner struggling very violently with Howell—I asked what was the matter, and he said "This man stole a pair of shoes," and I took him into custody—the prisoner came up and claimed the shoes—the prisoner was
very violent indeed—I took him to the station—he said he did not steal them, but that another man gave them to him.
GEORGE HOWELL . I am a carman, living at No. 4, Thomas Street, Whitechapel, I was at Smith's Buildings—the prisoner came running up, and just as he came under the gateway he opened his coat and threw down a pair of boots and ran behind my van—Double ran up and picked up the shoes—I struggled with the prisoner and kept him till the policeman came.
GUILTY .**— Twelve Month's Imprisonment.
671. COURTNEY THOMAS DIPROSE, COURTNEY JOHN DIPROSE, PETER JERMYN , and HENRY WILLIAM HAMMOND , were charged on several indictments with unlawfully attempting to defraud Emily Easterby of her goods. The Prosecutrix not appearing no evidence was offered, and the prisoners were acquitted.
MR. HOLLINGS conducted the Prosecution; and MR. GRIFFITHS the Defence.
GUILTY.—Strongly recommended to mercy by the Jury. — Four Months' Imprisonment.
FOURTH COURT, Thursday, October 30th, 1873.
Before Mr. Recorder.
673. JOHN HENRY YATES (39) , PLEADED GUILTY to feloniously forging and uttering an undertaking for the payment of 7, 500l., and a warrant for the payment of 1,000l., with intent to defraud.— Judgment Respited. And
674. HENRY EDGAR HARRISON (28) , to embezzling and stealing 8l. 2s., 54l. 11s. 9d., and 9l. 16s., and other sums, the moneys of John Gaywood, his master.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. STRAIGHT conducted the Prosecution; MR. MONTAGU WILLIAMS, with Ma WALTER BALLANTINB, the Defence.
WILLIAM WALTERS . I am assistant to Messrs. Collingwood & Sons, of 46, Conduit Street, and I was so in 1872—Mr. Collingwood and myself principally attend to the business in the shop—it is part of my duty as articles of jewellery come from the manufacturer to put the mark on them before they go into stock, and we keep a record of that mark in our books—on the 25th January, 1872, three diamond half-hoop rings came into stock, manufactured by Messrs. Pallisier, of Brewer Street; they were marked 2,082-3, and 4—on 6th February we received a necklace which was marked 627, value 6l. 6s.—on 20th February we received two telescope pen and pencil cases, with a ring at the end, they were both marked 343, and the price wholesale was 4l. 4s. each—on 2nd March, 1872, stock was taken, and the five-stone half-hoop ring, 2,083, value 50l., the necklace, 627, and one of the pencil-cases, 343, were missing—the other pencil-case, 343, was still in stock, and that was ultimately sold to Lady Majoribanks on 24th May—the prisoner had been a customer of my master's from about the
commencement of 1871, and had little repairs and matters of that sort done—the total of the account was about 10l. 2s.—none of the articles missed on 2nd March were sold to her by me, or to my knowledge—between the 25th January and 2nd March she had been to the shop on two occasions, on February 13th and 28th—after the 28th February, I saw nothing more of her until May this year—I identify those three articles—this empty setting is the setting of the diamond ring—I find that the number has been scratched—in May this year, Mrs. Fitzgerald called at our shop—Mrs. Gosling first came on the 21st August this year, and I had some conversation with her, and after she had seen Mr. Collingwood the gold pencil-case was shown to me and I identified it—we then caused certain inquiries to be made, and in the result I went to Marlborough Street Police Court, and applied for a warrant against the defendant—it was required that there should be a deposition from Mrs. Gosling; that was obtained, and the warrant was granted—I went with Butcher on 24th September to the residence of the defendant's father, and heard him read the warrant to her—the first remark she made was, if she paid the 51. would not that do; she would pay the 51 and settle it—that applied to the pencil—that was what the warrant was for—Butcher then stated that we had been told she had sold, it to Mrs. Gosling—she said "No," and then we asked her where she got it from, and she said it had been given to her by a friend—he asked her who that friend was, and she said she was dead—he said again, "Mrs. Gosling says that you sold her the pencil-oase," and she said "It is not that Mrs. Gosling gave it to me"—Butcher said he must search the place—she gave every facility in that way, her jewel case was examined and the necklace, which was produced, was found there—I identified it directly I saw the mark on it, and I said "It is one of the chains that we have missed—she said it had been given to her by the same friend who gave her the pencil-case—Butcher asked her when—she stated in 1870—she was brought up in custody the'next morning and taken to the Police Court.
Cross-examined. Mr. Collingwood has a son, but he scarcely ever serves in the shop—he might do so once in six months—I have known him do so—there were two other assistants besides myself, one named Barford and the other Searle, who was a clerk; he never served, but Barford did occasionally, if we were busy—he is dead—whoever sold, an account of the sale would be entered in a book which is kept on the counter in the shop—the entry would be made after the completion of the sale—I identify this five-stone diamond ring by the mark, the initials of the man who made the ring, and the appearance of the ring altogether, and being a facsimile to the other two rings which I have in stock—there is no peculiarity about it—I tried it with a very powerful glass, and I think I made out a portion of the mark, but it is a very difficult thing to do—I recognise the chain by my mark, which has been scratched on the snap-Mrs. Gosling was not a customer; I never saw her in the shop until August—she addressed Mr. Collingwood first—I went with the detective to the defendant's father, who is a clergyman, living in the rectory-house, and I believe at the time she was dressing to go down to dinner—she said she wished to keep it from her father—she said "Pray don't let my father know anything about it"—that was after the questions were put to her—I did not suggest before that that she should send for her father or her friends—she came to us in the butler's pantry—Butcher said he was an officer, and had a warrant for her arrest—I am quite sure the chain was
in her jewel case—there might have been a pin-cushion there which opened, but the chain was not there—when the application was made for the warrant it was refused on the first occasion—I have a list here of all the property that we lost in 1871 and 1872—there is no suggestion there of the loss of any watch.
Re-examined. There was a reward of 50l. after the stock-taking, in 1872—the value of the articles in this list is something like 200l.—they were all missed in 1871 and 1872, during the time Mrs. Fitzgerald was a customer at our shop, and we have missed nothing since—we were downstairs at the rectory, and sent a message that some one wished to see her—she came down; no pressure was put upon her to answer the questions—the warrant was refused at first because there was no information from Mrs. Gosling as to the purchase of the pencilcase.
CHARLES FIDDERMAN . I live at 63, Berwick Street, Soho, and am in the employment of Messrs. Pallisier, manufacturing jewellers—on 25th January, 1872, I manufactured and sold to Messrs. Collingwoods three diamond half hoop rings—this is the setting of one of them—these (produced) are the other two that went in that lot of three.
Cross-examined. There is nothing particular about the ring—I recognise it by a mark inside, the letters E. W.—it was so stamped by mistake by the workman—it ought to have been marked with a number—the workman who stamped it is still in our employ.
Re-examined. The other two rings were not stamped and this one was, and it is there now.
HENRY COLLINGWOOD . I carry on business at 46, Conduit Street, as Collingwood and Sons, and have done so for fifty-six years—in the months of January, February, and March, 1872, Mr. Walters and myself were serving in the shop—Barford would also serve in the shop, but he was ill at that time, and was scarcely in the shop at all—I did not sell any of the three articles that the defendant is charged with stealing to her, or to anyone else—I saw Mrs. Gosling on the 21st August, when she came to the shop—I had some conversation with her, and she showed me a gold pencil-case—it was afterwards shown to Walters, and he identified it.
Cross-examined. I have not missed any property since the stock-taking, on 2nd March, 1872—I see the bill says "A gold pencil-case, stamped Collingwood and Sons, since 2nd March, 1872"—it must be a mistake in making out the list—Mr. Walters made the list out—ask as I recolleot, when Mrs. Gosling first came she showed me the pencil-case—she asked me whether we had bought a watch from Mrs. Fitzgerald, but we had not done so—I don't recollect whether she mentioned the watch or the pencil-case first—I won't say that she did not mention the watch first—I told her we had not bought it—she produced the pencil-case, and asked whether I had sold it, or whether I could say who I had sold it to—I won't be sure whether she asked if I had sold it to Mrs. Fitzgerald—I showed her my stock-book, "where it was marked "missing"—and then she might have said something about Mrs. Fitzgerald—it did not occur to me at the moment to ask Mrs. Gosling who she was—she gave me her name and address—she did not produce the ring without the stones then—I showed her the list, and she said there was the setting of a ring in the possession of Major Fitzgerald, who was on his way from India, and he would bring it with him—I saw that ring about three weeks after she first called—Mrs. Gosling brought it to the shop—I don't know whether Walters was present or not, but she left
the setting with me, as I saw the mark was scratched out, and I wished for further evidence, and I applied to Mr. Pallisier, and I was to send it back the next morning, which I did.
WILLIAM WALTERS (re-called). The word "since" in the list, must be a mistake in making it out—it was missed on 2nd March—our next stock-taking would not be till January, 1873—the list ought to have said "Missed on 2nd March"—the other articles have not been recovered.
ELIZABETH MAKY GOSLING . I am the wife of Colonel Gosling, late of the 49th Regiment—he has now sold out—he is in very delicate health and unfit to be moved, and I have a certificate to that effect from Sir William Paget and Dr. Gull—we are at present residing at 47, St. George's Square, Pimlico—Mrs. Fitzgerald, is the wife of Major Fitzgerald, also of the 49th Regiment—my husband and he were quartered at Mhow in India, in 1872, and before that—I was in India from 1870, till April this year—Mrs. Fitzgerald came home in 1870, and went out again in 1872—she came out to Mhow again at the end of April, 1872—we had been on terms of great intimacy—she told me at the end of April, that she had brought some pencil cases out, and I could have one if I wished it—I said my husband's birthday was in a few days, and I wanted to give him one, so I bought one—this is the one that has been produced—she said it had cost six guineas, and I could have it for five—I left Mrs. Fitzgerald in India, when I returned in April, this year—in 1872 she showed me an empty setting of a ring, and said she had bought it of a lady for 10s.—I had lost my own diamond ring, and of course there was a great search made for it; the inspector of police came up and Mrs. Fitzgerald said if I showed that to him it would be a guide to him, as the settings were similar—in July, this year, in consequence of a communication I received from India, from Major Fitzgerald, I went to Collingwood's shop after I had spoken to my husband, who was not in a condition of health to go himself—the 21st August was the last time I saw Mr. Collingwood—I think I first went at the very end of July, but I am not certain of that.
Cross-examined. The diamond ring I lost was a five stone ring, very similar to this one—I had been on very intimate terms with the prisoner and her husband—he did not spare her means, in any way, he had a liberal allowance—I first saw Mr. Collingwood when I went there—I asked him first if he had received a watch from Mrs. Fitzgerald, and he said "No"—I had the pencil case on my chain, and I asked Mr. Collingwood if it had been bought at his shop—I went there at my husband's request, having seen the name Collingwood on the pencil-case—I looked through the stock-book, and I understood from Mr. Collingwood that the pencil-case had been stolen from his stock—I don't think I said anything about the setting of the diamond ring at that time—I did not leave the pencil-case that day—I went again about two days afterwards, and I told him Colonel Gosling thought I had no right with the pencil-case, and I left it there—I had seen the list of the property supposed to have been stolen, but I don't know whether I saw it at the shop or at our house—I did not see the list the first time I went—I know I saw it at our own house, but I am not sure whether I saw it at Mr. Collingwood's as well—on the second occasion of my going there, when I gave up the pencil-case, I saw the list and called Mr. Collingwood's attention to the alleged loss of the diamond ring—I told him that Major Fitzgerald had a setting corresponding with that—I received the setting from Major Fitzgerald, about the 21st August, in
London—I went with him to his lodgings in a cab, and he gave me the ring—that was on his return from India—he had been to our house and I went in the cab with him to his lodgings and remained in the cab while he got the ring and gave it to me—that was on Friday, 21st September, and he went to Ireland on the Sunday—I think he arrived in London about the 17th or 18th September—I saw him first on the day he gave me the ring—I knew at that time that he had not been to see his wife—I suppose she was with her father at Colchester—I went immediately to Collingwood's with the setting—I took the same cab on and showed the setting to Mr. Colling-wood—I saw Major Fitzgerald the next day—I did not go to Mr. Collingwood's after that—Mr. Walters came to me and I handed him the Betting—I was not in India when Mrs. Fitzgerald came home invalided—I think that was in 1869, and I went out in November, 1870—I heard that she suffered very severely with fever in India, and I believe it was in consequence of an attack of fever that she came home—I heard that she was delirious—I went out to India in 1865, and returned in March, 1867—the attacks of fever are sometimes very severe—I never noticed anything odd about the prisoner's manner—I had no quarrel with her, but I ceased to visit her because I lost some articles of jewellery and a shawl and locket, which were afterwards traced to her—the things I lost were a diamond ring, value about fifty or sixty guineas, a brooch and a chain, and a black silk dress—some of the things were returned, and some were paid for by Mrs. Fitzgerald—she was constantly in the habit of visiting at my bungalow, and going into my room, and on one occasion I found a silk dress cut up into ribbons shortly after she had been there—I discovered the loss of the things about 7th December, and she left India about the end of April—Major Fitzgerald was visiting constantly at our house during that time—we did not mention anything to him as to who bad taken them—my husband also saw him every day, but he was kept in entire ignorance of his wife's fault—I had several letters from the prisoner after the discovery in December—this letter is in the prisoner's handwriting, and addressed to my husband—he showed it to me when he received it—it is dated August 23, 1873—I did not write any letter to her on 3rd December, as that letter states—it is perfectly untrue—there is a gentleman mentioned in that letter who was a near relation—I never told the prisoner anything that I could possibly be ashamed of, and what she states there is pure imagination, there is no truth whatever in it—the watch mentioned in the letter is the one I went and inquired about at Collingwood's—I know that Mr. Aubin has stated that she had nothing to do with the loss of his watch—I never heard of her losing a brooch at my bungalow—I have never shown weakness of intellect, as she states, nor was my mother insane, she had the most powerful intellect—I never told the prisoner so, or led her to believe it—this letter marked "A" is in her writing, and is addressed to my husband; it was written about the-7th or 8th of December last year—the next one was written a week afterwards—the 12l. 10s. alluded to is the value of the things missed and not returned, and for which I received that amount—I also received these letters, marked Nos. 4 and 5—the letter returning the things intimated that I had sent the things to England for my own purpose—it was on the Friday that I went with Major Fitzgerald in the cab to get the ring, and on the Monday I knew that a warrant had been applied for—on Sunday Major Fitzgerald left for Ireland—I heard on the Monday that the warrant was to be applied for, and that she was going to be given into custody—
Mr. Walters told me at the time it was applied for, or about that time—I think it had been applied for—Major Fitzgerald did not leave any address; we had a letter from him on the Monday evening, giving an address, and we knew then where he was in Dublin—I have never seen him since the Saturday, nor has my husband—we have not heard from him since the Wednesday after the warrant was applied for—I did not take any steps to induce the prosecution not to apply for the warrant.
Re-examined. It was between May and December, 1872, that I missed the articles that I have been asked about, and it was on 7th December, that I found Mrs. Fitzgerald was the person who had taken them—the articles were a lace shawl, and locket and chain, with a peculiar elasp, a brooch with the sign of the Zodiac, a bee brooch, 12 yards of black silk and a diamond ring—they were missed at different times—I mentioned to the prisoner from time to time that I had missed those things, and she said she was very sorry for me—I discharged my servants in consequence of missing things, and that was known to her—the shawl was returned the night we had the information—the diamond ring came back the Sunday before I left Mhow, that was in April—it then had a new setting—it is the ring that has been shown to Mr. Hincks—he reset it—Mrs. Fitzgerald returned it to me in a little box, which is mentioned in one of her letters, she expressing her regret that it had been opened—I missed the ring about the middle of May, 1872—the prisoner was with me when I discovered the loss, and the search was made in her presence, and she was also present during the investigation of all the servants—the Inspector of Police was sent for on the following morning, and it was then that the empty setting was shown to him—the locket and chain were lost at the same time—I have never seen the locket since, and when the chain came back the clasp had gone—the brooch with the sign of the Zodiac is the one that Mr. Hinoks has seen—it was in respect of the 12 yards of black silk dress, the bee brooch and the locket that the 12l. 10s. was paid—my husband and I promised Mrs. Fitzgerald that we would not mention it to the Major—she said she would commit suicide if we did—the first letter my husband received from Major Fitzgerald after we left India was the end of July, he had received a telegram before that—on 16th or 18th August we received another letter, in consequence of which I went to Collingwood's—a watch of Mr. Aubin's was lost at my bungalow, information was given of the loss, and inquiries instituted, and it was after that that I ascertained what was referred to by Mrs. Fitzgerald in her letters to me—I only had one interview with the prisoner about a week after that, all that passed was by letter—this Jetter (produced) is in the prisoner's writing—I received it almost immediately after the one in which she returned my things—I have no idea what the letter of the 23rd August, which refers to some property and speaks of the true state of things, refers, unless it is that she accuses me of having, stolen my own things—every one in the circle in which we moved knew what had happened, except Major Fitzgerald—on the morning of the day I went in the cab with Major Fitzgerald to fetch the setting of the ring, he had called at our house in St. George's Square, and had a long conversation with my husband and myself, and I went with him at my husband's request—he gave me the setting and I went to Collingwood's with it—on that occasion I brought it back with me, but on the Saturday I handed it to Mr. Walters, with Major Fitzgerald's permission—it was Monday or Tuesday first heard about the warrant, and on the Wednesday Mr. Walters came, and I went with him to the Police Court—I am not responsible in any way for this prosecution.
WILLIAM WALTERS (re-called). The first application for the warrant was made on the Monday, and it was on Tuesday I informed Mrs. Gosling that it had been refused—that was the first intimation she had that we were going to apply for a warrant—we had the pencil case in our possession three weeks before the warrant was applied for, but we thought that was not sufficient to prove the charge, and we waited for the ring.
HENRY JOHN HINCKS . I am manager to Messrs. Warwick & Sons, and have been for a great many years—at the end of 1672, I received a package from Mrs. Fitzgerald from India, containing a chain, five loose diamonds, and a brooch without a pin—I had received a letter before the parcel came, and I also received this letter afterwards, in consequence of which I had the five stones set and a pin put to the brooch—I have seen the pin and ring since in the possession of Mrs. Gosling. (Letter read: "December 13th. Sir,—Will you be good enough to have the fivestones I sent some time since set in a ring. I should like them set open, with tiny stones on each side, similar to mine. I wish it to look as good and handsome as possible. I suppose it will be 5l. or 6l., the size small I should think one that would fit my little finger. The brooch please to clean up, and put a good strong gold pin; also the chain to be sent back, and all enclosed in a registered box, and directed to T. W. Aubin, 49th Regt., Mhow. Don't send the bill, but enter the same to my account, as I shall probably require things in the course of the year, and will send a cheque."—There was a letter before that—this is it: "Nov. 15. I am writing a few hasty. Hues to catch this mail. I received your letter, and thought I could do any business transactions with you at your own house, but quite understand what you mention. I forgot to say the agent to whom the money is to be paid is Cox & Co., the regimental agents. Will you pay it in to T. W. Aubin. I am quite sure you will always act and do anything to help me when I ask it I am so grieved to hear you have been so poorly. Don't trouble to answer this as I shall hear from Mr. Aubin when the money is paid in"—I have known Mrs. Fitzgerald a number of years—the box that was sent came to my private residence, and not to the shop—I destroyed the letter which accompanied it, but she wished to know on account of a friend of hers in India, what we could allow for the brooch, the five loose diamonds, and the chain which came in the box, and whatever the amount was it was to be placed to the account of Mr. Aubin, but she omitted to put the agents—I should have allowed about 21l. or 22l.—it was an old-fashioned chain—all the articles were sent back to India.
Crost-examined. I have known the prisoner a number of years, and I would have given her credit to any amount—if the amount had been 1,000l. I should not have hesitated a moment—I have noticed peculiarities in her conduct on two or three occasions, one occasion particularly—I was once showing some jewellery to her, and while she was looking at it she suddenly turned in a very abrupt manner, and a manner I had never noticed her assume before, and said "Will you post this letter for me?"—I said "Certainly"—she said "That is who I ought to have married. I knew him long before Major Fitagerald"—I thought it was a very extraordinary statement for a customer to make, and I have not mentioned it to anyone till now—one day I saw her, and she gave her orders very distinctly, and a day or two afterwards she said "Keally I don't know what it was I said to you, for my head has been so turned from the effects of the return of that Indian fever, that I don't know what I said to you."
Re-examined. That was in 1870—I knew what her husband was—I think I have known all her family and connections for the last twenty years—I don't recollect any other peculiarities beyond the two I have mentioned—I have known her since she was a girl of fourteen—I think the most cash she has owed us at any one time is 200l. or 300l.—it did not strike me as peculiar that she was sending jewellery to me, and ask me to pay the value of it into Cox's—it is an every day occurrence.
CHARLES BUTCHER (Detective Officer C). I am attached to the Vine Street Police Court—I received a warrant for the prisoner's apprehension, and went down to her father's residence on 24th September—the warrant only mentioned the gold pencil case—I read it to her—she said she never stole it, she had it from a friend—I asked her who the friend was, and she said they were dead—I asked her the name—she said it was no good saying the name of a person who was dead—I told her I should have to search her bedroom, and she said "Yes, certainly you are at liberty to see anything I have got"—I then went up stairs with her and Mr. Walters, Mrs. Steele, her step-mother, and I think the housekeeper followed—on examining the jewel case, this necklace was found, which I handed to Mr. Walters—he examined it, and said it was the necklace he had missed from stock—I asked the prisoner if she could give any account of that—she said it was sent to her by post in 1870—I said that 'could not be as it was not in Mr. Collingwood'8 possession at that time—I asked her if she had any letters or anything to prove she sent it, and she said she had not—she asked if it could be settled by paying the 5l.—she was brought up the following day to Marlborough Street.
The following Witnesses were called for the Defence.
WALTER FERGUS , M. D. I live at Marlborough, and am one of the medical gentlemen at Marlborough College—I first became acquainted with Mrs. Fitzgerald about the 14th, 15th, or 16th March, 1870—at that time her two half brothers were students at the College—the younger one, Herbert Steele, was lying dangerously ill of scarlet fever—he brought it to the school, and she came for the purpose of nursing him—I saw her the day of her arrival, she looked so ill that I asked if she was well—she said she had come home from India to recruit, after suffering the most severe attack of Indian fever—she said she had constant headaches on the least exertion, and could not attend very well to things, and was apt to be somewhat confused and muddled—the elder boy was taken ill soon after her arrival at Marlborough, and she was constantly attending the two boys, especially the elder, of whom she was most intensely fond—she was most unremitting in her attentions to him, but he was not ill when she arrived—he sickened soon after her arrival, and then her sorrow and grief was increased to such a degree that I thought she would be ill—the elder boy died after four days' illness—she was then in such a state, that I thought she was on the verge of a very severe illness, but she kept up to nurse the younger boy, who survived his elder brother nearly a fortnight—the younger one died on 14th April, the elder on 22nd March—she sat up with the younger boy, and I frequently sat up with her, and I saw her both by day and night, and her state was then such as I have had to designate erectomania, which is a mental disease, analogous with pyromania and kleptomania, that means the concentration of all the powers upon one object—it may be an object of great esteem, great love, but that taking
possession of the mind is as much a mental disease as kleptomania or pyromania, and other manias which I do not choose to mention—she went to the funeral, and afterwards on going to the inn where she was staying, she was found lying on the hearthrug, senseless, without a fire—she was got on to a sofa, and eveutually got to bed—I was sent for afterwards, and found her in a state of absolute prostration and delirium—I did not think at the first sight of her that she was actually in danger, because then the delirium under which she laboured had more the character of the delirium of mania than the delirium of disease: the delirium of mania is not a necessary fatal affection, but the delirium of disease is generally indicative of such a failing in the powers of life, that the prolongation of life is decreased—I continued to attend her from that time until 16th April—I was afraid she had disease of the brain; two things were open, one that she might lose her life, and the other her reason—I may explain that the delirium and the disease are two different things, but what struck me then was, that she might be suffering from a latent disease of the brain—she was delirious, as far as I can remember, four or five days, but on or about the third day of her delirium, most intense diphtheria set in; she could not swallow, and her neck was swollen—as she was getting a little better, she was so prostrate she could not get up, and her state of mind was most unsatisfactory; imagining that she was holding conversation with Charley, who was the eldest boy—on 16th April, she went to her brother at Weymouth—I had her under my direct eye for about a month, and the whole of these horrible events occurred within that space of time—when she left she still exhibited symptoms of that erectomania.
Cross-examined. The shape which the delirium took Mrs. Fitzgerald led me to the conclusion that she had latent disease of the brain—one particular thing was the state of her pulse and the symptoms generally, and the knowledge that this Indian fever does affect the brain, because that is a well-known fact—I know Dr. Tuke very well by name—if there is any branch of human disease upon which it is more difficult to form an opinion, without doubt it is with reference to this disease of the mind—I did not see anything that led me to believe she was a kleptomaniac, but I know that persons in her state have become so—she sat up a good many nights with the two boys—she did not have an attack of scarlet fever—scarlet fever does not begin with delirium; Mrs. Fitzgerald's attacks did—my impression is that it was symptomatic of mental disease, aggravated by tremendous worry.
ROGER STIRLING NUNN , M.R.C.S. I practice at Colchester, and have done so for thirty years—I first knew Mrs. Fitzgerald in March, 1870—I was sent for to Marlborough to see the younger boy, who was first taken ill, and she was nursing him—I noticed an 'unnatural excitability in her manner—4 saw her on two occasions—the second time I was much more struck than I was the first by her excitable manner and want of self-control and I said to her step-mother, on returning home, that I was greatly in fear, if she was not looked after, that her mind would go—I did not see her again until after her return from Weymouth—I was told that she had fever, accompanied with delirium—she was at Weymouth a month, I think, and I noticed when she came back the same peculiarity that I had seen before—I heard that in India she had fever with delirium—I saw her about six weeks ago, after she returned from India, and I thought her very much altered indeed, both mentally and bodily.
ELIZABETH MART JESSOP . I am the defendant's sister—I remember her returning home from India in 1870, I then thought her very much altered—when she returned from Marlborough, after nursing my two little brothers, she was in a most excitable state—she had always been of a very affectionate disposition and strong feeling, and was very much attached to the eldest boy; and after his death she seemed so excitable, and her temper was so uncertain, and she said she could not sleep at all—I slept in the next room, and she kept knocking me up and asking me to go to her; she was up and down about the house at night—I believe she was in the habit of taking large quantities of opium—I did not consider her accountable for her actions at times—my father is the rector of the parish; it is a very considerable living, and he is a man of considerable means—the prisoner has always had means at her disposal—my father is in such a state of health that he is unable to be here to-day.
Cross-examined. I never heard that she was borrowing money while she was in India—she has never told me so, nor has Major Fitzgerald—she never told me about the things that had been taken from Mrs. Gosling—I first heard of it at the Police Court—I never knew she had paid money for those things.
Re-examined. We had a quarrel once, and previous to 1870 such a thing had never occurred—if things did not go quite as she wished, she got excited and showed intense temper, which I had not seen before.
JANE ARMSTRONG . I was cook to Mrs. Steele, and knew Mrs. Fitzgerald when she was married—I saw her in 1870, on her return from India, and I then noticed an alteration in her appearance and manner—she used to walk about the room at night and lie down on the hearthrug—I remember the time the children were taken ill at Marlborough; I went down afterwards to nurse Mrs. Fitzgerald, after the death of the second boy—she had fever and delirium, and wandered in her mind—she got up one night in her nightdress and said she was going out—I went to Weymouth afterwards with her—she walked to her brother's room in her night dress at the hotel—she once boxed my ears—when we started for Weymouth she had enough provisions packed up to last a week—from what I saw of her from the time I nursed her till I last saw her, I think at times she is unaccountable for her actions; that her mind is unsound.
Cross-examined. I never knew of her going into shops and taking things that did not belong to her—by wandering in her mind I mean that she went from one subject to another suddenly.
REV. JOHN STEELE . I am Mrs. Fitzgerald's brother—I was telegraphed for to Marlborough the day my brother Charles died, and got there the next day—I found my sister terribly cut up and depressed about my poor little brother's death, but I only saw her for an hour, for I went to Colchester, to my father, to make arrangements about the funeral, and then I went back to Marlborough; at that time the younger boy was taken much worse—I saw my sister then, and she seemed very strange in her head—on one occasion she started up suddenly, and I thought she had gone raving mad, and began to ask after my elder brother, who had been buried two or three days—she seemed bereft of her senses at times, and did not seem to know what she was saying at all—I tried to persuade her not to go to the funeral, but she said she could manage it, and she went—she was continually saying absurd things, thinking herself in India sometimes, and having conversations with her husband who was there, as if he had
been present, and in one instance she spoke of the boys as being still alive, after they had been buried some little time—after she had come back from the funeral, she said "Go and see, I believe they are moving him"—I was sent for to the inn while she was there, and while I was there she got up suddenly and tried to go into the street—I was present when she had a quarrel with her sister, and her conduct was simply that of a mad woman; I was never more astonished and shocked in my life, that was in June, 1871—I never saw anything of the sort previous to her going to India—in consequence of what I saw I communicated to my mother.
Cross-examined. The last occasion on which I noticed any peculiarity about her was in June, 1871—she was then residing at home with my father, which she did down to April, 1872, when she returned to India—I was not living there, I was only an occasional visitor—I saw her after she came back from India, but I never knew anything about the affairs between herself and Mrs. Gosling, until her husband wrote to me—I think that was about the last week in July—I am not aware that any steps were taken while she was in this country to take care of her, it was hoped that with the quiet at home these symptoms would pass off—I could not say at this moment whether she went out to India in 1872 alone.
MRS. JASSOP (re-called). She went out in 1872, with Major Fitzgerald.
RICHARD ALBBRT POPE . I was in the 49th regiment—I am now residing at Plymouth—I left India in 1870—I knew Mrs. Fitzgerald there most intimately—I lived in the opposite bungalow—while I was there she suffered very severely from fever, more severely than any other lady in the regiment—it came at broken periods, and she was very weak after the attacks, and used to rally more than most people do in India—I noticed that she seemed childishly fond of jewellery—I noticed that the first night I made her acquaintance, which was in March, 1869.
MARIA STBKLB . I am the wife of the Rev. John Steele, of Great Hawkesly Rectory—my husband, the prisoner's father, is in such a state of health as to be unable to be here to-day—when the prisoner came from India in 1870, she went to Marlborough for the purpose of nursing the two boys who died, and when she came back she was in a very sad state of mind and body—she was an entirely different woman after coming back from Marlborough—I believe she was in the habit of wandering about during a greater portion of the night—she went to Weymouth after attending the boys, and after that, in consequence of the state she was in, I went with her myself to Hastings—I was not able to go to my boys who were dying at Marlborough on account of my husband's health—the prisoner was a lady of strong feeling, and very much attached to the boys, especially to the eldest—she was in a very sad state at Hastings, at times I thought her mind was deranged, and I was led to that belief by the change in her manner and actions—my opinion was that she was a person who ought to be restrained, so much so, that I watched her constantly—that was in 1870—I think I was at Hastings with her a month, and from that time till she went to India she was always with me at the rectory—her husband came to her in 1871, and my husband was taken worse, and I did not see so much of her—she went back to India in 1872—her husband was with her a whole year at our house—during the whole of 1871, in my judgment it was necessary to watch her, and myself and my servants did so constantly.
NOT GUILTY on the ground of Insanity. To be detained till Her Majesty's pleasure be known.
NEW COURT.—Friday, October 31st, 1873.
Before Mr. Recoroder.
MR. PLATT conducted the Prosecution; and MR. GRIFFITHS defended Green. WILLIAM HENRY BIARD. I am a tailor, and live at 103, High Street, Kingsland—on Friday, the 19th instant, about 10. 40, I shut up the house before going to bed—the cloth and other articles were all safe then—I was aroused about 4. 45 in the morning, and on going down stairs I found the house had been broken into, and I missed 170 yards of cloth and other articles, to the value of nearly 170l.—there had been a ladder in the next garden the night before, and in the morning that ladder was in the area, pushed up against the back-parlour window; that window was shut the night before, but I don't know whether it was fastened—I found it closed in the morning, but that was the way the thieves had got in—the parlour was all in confusion—I sent for the police—these two pieces of cloth produced are mine, I can speak positively to them, and they were safe overnight—two waistcoats, a writing-desk, a jacket, and other things were found in my garden—this pair of trousers produced by Briden are mine—I had worn them two or three times, the buttons have my name upon them—this waistcoat had only been brought home on the Friday, and had not been sent home; the binding has been chipped and a few other things done to it to make it appear old, but I am quite sure of it.
Cross-examined. I saw some cloth in a bag at the station, about 4 yards in one piece, and 1 3/4 yards in the other—I sell such cloths in made-up clothes, and I sell a length if required—I identify both these pieces by certain peculiarities in the cutting—no doubt the manufacturers sell such cloth to other persons—this piece is the remains of some from which I made a suit for a gentleman's son; I can distinctly swear to it; I bought it at Shoolbred's.
WILLIAM CHAPMAN (Detective Officer K). About 9.30 on Saturday 27th I went to the prisoner Green's house, with detectives Briden and Smith—I told him that I had received information that he had been buying stolen property—he said "No, nothing of the kind, you are quite at liberty to look over my place if you like"—I searched the place—I found this piece of 4 yards of cloth in this green bag—he said he had bought it to make himself a suit of clothes, and he had had it some time—I also found a sealskin waistcoat, two or three other pieces of cloth, three leathern leggings, and other things—the clock was up stairs in a cupboard, on the top shelf-Green said he had had it four or five years; it was an old relic belonging to his father-in-law, who had been dead some time, and he begged me not to take it away—it has since been identified—I took Green into custody.
Cross-examined. The only cloth I found at Green's, was in the green-bag, on a chair in the back-parlour—he is a greengrocer—I did not say before the Magistrate that he said he had had it some time—it did not strike me at the time, but he really did say so—he said he had had it two years—I was going to mention that I wished to add something when my deposition was read over, but I was told to stand down, that it was not material.
wearing this pair of trousers and waistcoat, which the prosecutor has identified—I saw this jemmy found in his room by Smith—I told him he would be charged with being concerned with others in a burglary in High Street, Kingsland—he said he knew nothing about it—at the station he called me and said "Mr. Briden, you have made a mistake in me, it is Nobby Clark you want instead of me, you can handcuff me and take me, I will show you where he lives"—I told him I could not do that, but he could tell me—he said "Well, it is either 13 or 14, St Paul's Terrace, Camden Town"—I went there and found Clark, and he was discharged before the Magistrate—I found this 13l. 4 yards of cloth in a bureau bedstead at Green's house, and put it in the green bag with the other piece.
GEORGE SMITH (Policeman K). I took young Green, a son of the prisoner, into custody—he was discharged at the Police Court—I afterwards went to the prosecutor's house and fitted this jemmy to the marks on the back kitchen window, and they corresponded exactly—I produce the piece.
Cross-examined. The prisoners live six minutes apart from each other.
Martin's Defence. I bought the waistcoat and trousers in Petticoat Lane, about four weeks ago last Sunday. I gave a guinea for the waistcoat and trousers at one place, and the coat I have on at another; if I had stolen them it is not likely I should have worn them in the face of my enemies; when Briden charged me with the burglary I told him I knew nothing about it.
GREEN.— GUILTY of receiving — Twelve Months' Imprisonment.
MARTIN.— GUILTY of stealing.
He further PLEADED GUILTY to having been previously convicted in June, 1867.**— Twelve Years' Penal Servitude.
The prisoners PLEADED NOT GUILTY to the stealing, but stated in the heaing of the Jury that they were GUILTY of the attempt, and the Jury upon their statement found that verdict.
CAMPBELL.**— Two Years' Imprisonment.
COLLINS.— Nine Months' Imprisonment.
ELIZA HOLDEN . I lived with the prisoner five years as his wife; we lived at 34, Bedford Square, Stepney—on 4th October I was washing two glass cloths, and the prisoner was in the kitchen, sitting by the fire—there were no words, but I felt a tingling sensation in front of my eyes—I fell, and when I came to myself I was on the floor, bleeding terribly; a chopper was lying by me, which he used to chop wood with; he brought it down in the morning and said "Don't say that I am going to hit you with this"—I said "No, I am not so wicked"—we had had a dispute on the Friday before, and he threatened to kill me if I called "Police."
34 on Saturday the 4th, it is a public-house—I saw the prisoner and prosecutrix in the kitchen; she was washing—I was in the bar, and saw the prisoner strike her across her head with a chopper—she fell, and he walked across the room into the bar, and said "I have done it, and I wish to be locked up" he was perfectly sober—he did not seem excited—he stood by her side—I heard no words between them.
WILLIAM MORGAN . I am house surgeon at the London Hospital—the prosecutrix came there with a wound on the back of her head, an inch and a half long, going down to the bone—it might be caused by this chopper—it was dangerous, and she was under my charge about four days.
Prisoner's Defence. When she came into the kitchen she said "You had better pack up your things and go; I am better satisfied with the landlord of the house than I am with you," and I was aggravated to do it.
GUILTY — Five Years' Penal Servitude.
MR. HOLLINGS conducted the Prosecution.
JAMES BRERETON . I am a seaman, and live at Mr. Thomas's, Old Gravel Lane—on 9th October I was paid off from the Daisy, and received 12l. 14s. 6d.; there was a 10l. note, and the rest in gold and silver—I went to a public-house where my shipmates were and fell in with the prisoners, and went home in a cab with them to their house in Devonshire Street—I was the worse for drink, and did not know exactly what I was up to—next morning I found myself in their house, in bed with another woman—when I left the place where I was paid off I wrapped the 10l. note up with my discharge, that was the last I saw of it—there was nothing in my pockets in the morning, but a penny laid on the floor—a girl named Morris came in, and I asked her where my money was—she said that she did not know—I have got my discharge back, but not the note.
Taylor. We did not steal it, we found it.
JOHN DEVELIN . I am assistant to Mr. Longuehaye, of Bedford Place, Stepney—on a Friday the prisoners came in and purchased two skirts and some calico, which came to 1l. 4s.—they tendered this 10l. note (produced)—I saw Taylor write her name on it, and passed it to the cashier, and gave her the change.
JAMES TOULMAN (Detective Officer). I was with another detective when the prisoners were taken—I heard them charged; they both said, two or three times over, that they picked up the note and changed it at Longuehaye's—the discharge note was found at the house where he slept with another woman.
TSAAC PAWSEY (Detective Officer K). I took the prisoners on the evening of the 16th October, put them with three or four others at the station, and Mr. Longuehaye picked them out—I asked them for the things they had bought, they said that they were pledged—I got the tickets and found the things—they both said "We might as well tell the truth first as last; we went to a public-house to have something to drink with the sailor, and after he was gone we picked up the note and changed it at Mr. Longuehaye's.
GUILTY — Nine Months Imprisonment each.
680. HENRY SPALDING (25), EDWARD YEATTS (34), JOSEPH SMITH (22), JOHN FROGLEY (25), and WILLIAM HAYDEN (24) , Stealing, on 26th September, 64 lbs. of soap, on 2nd September 76 lbs. of soap, and on 16th September 25 lbs. of soap, of Booth Harris, the master of Spalding and Yeatts, to which SPALDING and YEATTS PLEADED GUILTY. MESSRS. POLAND and GRIFFITHS conducted the Prosecution; MR. HOLLINGS appeared for Smith and Frogley, and MR. MEAD for Hayden.
HENRY SPALDING (the Prisoner). I was carman to Messrs. Harris & Son, soap manufacturers, of 5, Gloucester Street, Curtain Road, for six or seven years—the prisoner Yeatts was in the soap cutting-room—it was part of my duty to go out with the cart to deliver soap—the cart has two black horses, and Harris's name is on it—I took with me invoices and a list of the places I was to call at and the quantity I was to deliver—on a Tuesday I took a load of soap from Harris & Son's—I was to deliver two tons and a half—it is usual to deliver an extra quantity, 3 lbs. to every 5 cwt—there were nine boxes and one orange case—I went with that load to Pears', at Isleworth, and left a portion of the soap there, with the invoice—I did not go in, and do not know whether it was weighed there—I delivered the nine boxes, and kept back the orange case, which contained 1 cwt., or 11l. 2 cwt.—that was after dinner—I had called at the Red Cow as I went down, but saw no one in particular—I called there again as I went back—I drawed into the yard aft usual, and went and had my tea, and saw the two ostlers, Smith and Frogley—(Yeatts was with me, he had joined me in Piccadilly in the morning, and went with me to Pears & Ca)—I told Smith what I had got, and asked him whether he would buy it—Frogley was then outside—I believe Smith wanted to know how I got it, whether it was stolen—I believe I said no, it was some I had got returned—after a deal of talking, he said that he would buy it of me—it was some time before we could agree about the price; he did not know and I did not know, and last of all we agreed for 6d. a bar, and I took it out of the van and took it into a shed on the right side of the yard—Smith was present and I believe Frogley, too—I cannot say how many bars there were, but there were from thirty to thirty-eight to a cwt—Smith paid me the money—Yeatts was then inside the public-house—I delivered all I had kept back from Pears & Co.'s, and then went home—on the next Tuesday, 2nd September, I had another load of 21l. 2 tons to deliver at Pears & Co. 's,—there were nine cases and two orange cases—I kept back half or three-quarters of a that of that, stopped At the Red Cow both ways, and saw Smith and Frogley—I told them I had got some more soap, and they said that they did not know what to do with it, but just before I came away they said that they would at the same price—both others took it out of the cart, and I believe Smith paid the money that day, but I won't swear it—the soap was put into the same shed—both these deliveries were primrose soap—on 16th September had 3 cwt. of skin soap to deliver at Golden Square—I don't know whether I had the ordinary excess—I kept back four bars of red soap, took it to the Red Cow at Hammersmith, and sold it to Smith—he gave me the
same price—I don't know whether Frogley was present—I took it out, and put it on top of a tub in the yard—Yeatts borrowed 2s. of the money of me going home—he only had those 2s. out of the three transactions—I never saw Hayden till he was at the station.
Cross-examined by MR. HOLLINGS. I have told the truth—the first negotiation was by me—I asked them if they would purchase it—they did not ask if I would sell—I told them that it was returned soap, and that instead of returning it to my master I would sell it. Re-examined. I was dressed as I am now, in a smock.
EDWARD YEATTS . I am a weigher in the service of Harris & Son—I have been in their service three years and a half—I am in the cutting-room—it was my duty to see that the proper quantity was weighed out for the orders—I remember a delivery to Pears & Co. on 26th August—that order had been got ready over night—I joined the carman next morning, and saw a portion was kept back—I can't say how much—we went to the Red Cow—I did not know Smith and Frogley till I saw them that time—we left some soap with the horsekeeper there—I did not hear the bargaining—that was done by the carman—the soap was left in the shed, and I got is out of it—I did not join the carman on 2nd or 16th September, and had no money out of those deliveries—I knew nothing of it till he was charged at Worship Street.
BOOTH HARRIS . I carry on business with my father as soap manufacturers, at 5, Gloucester Street, Curtain Road—Yeatts has been in our service three years, and as weigher about twelve months—Spalding was our carman—we received information, and took certain precautions—it was Yeatts's duty to weigh the soap which was sent out, and to see it delivered into the van for the carman to take out—he weighed from this book (produced), and the next morning, when the van was loaded, he ought to check the lot with Burgess, the foreman—the carman also had a list handed to him of the customers he was to go to—Yeatts was responsible for the correctness of the weights—on 26th August Burgess made a communication to me in reference to Yeatts's absence from work; Yeatts should have weighed the day before for Spalding to deliver on the 26th—there should have been an addition of, 30 lbs. to the two tons and a half; it is our custom to allow that when a large order is given—we called in the assistance of detective officers, and on September 2nd a second parcel of soap was sent to Messrs. Pears—another communication was made to me about that lot, and on 18th September, in consequence of something the police told me, I called Yeatts into the counting-house, and had a conversation with him—he made a communication to me—Spalding had been called in first, and he also made a communication—in consequence of what they said they were given in custody, and I went with a detective to the Red Cow, Hammersmith, and saw Smith and Frogley down the yard, both standing together—Alday told them they were both charged with receiving soap from a carman, who was in custody, and that he should take them in custody on that charge—they said that they knew nothing about it, and offered to allow the police to search their premises—one of them produced the key of the coach-house, on the right side of the door, and said that that was in their occupation, and that the rest and the stable was in the occupation of Lucas Brothers—the detective told them who I was—Alday said that he had seen the van and a pair of black horses drive into the yard—the police searched the coach-house and one side of the yard, and found nothing—they did not
interfere with the other side of the yard at that time—Frogley and Smith were then taken in custody—we afterwards went to Smith's house at Hammersmith; his wife is a laundress, and I noticed that the place was used as a laundry, there was a tub there with some clothes in it—a portion of a bar of soap was discovered before I was admitted to the house; we make similar soap to that, but I do not think we had supplied any of it to Messrs. Pears—it was not the kind of soap used for washing clothes—this (produced) is a portion of it—it is not the kind of soap I should expect to find in the house of people in that class of life; it is the best curd, which is expensive—we should expect to find mottled soap in a laundress's possession, in fact there was a small piece, wet, lying by the tub, which Mrs. Smith had been using—on leaving there we went to Frogley's mother's house—she keeps a laundry, and a number of women were there—I did not go inside the house, only inside the door—I went from there to Hayden's shop; it is a small chandler's or general shop, at the bottom of the garden of the Red Cow—some bars of the best yellow soap were in the window; the best primrose soap, very fine, and the same kind which we had been supplying to Messrs. Pears & Co. just before, and the same character and class of soap which we were searching for—I went into the shop and asked Hayden to let me look at the soap; he took a bar from the window, looked at it, showed it to me, and asked me if it was good soap—I said "Very good"—presently we got it all out of the window, and he said "Is that your soapf—I said "It looks very much like it," and asked him if that was all he had got—he said "Yes"—the detective pointed to a bar on a shelf behind Hayden, and asked him to let him look at that; he did so, and it had our stamp on it—he was asked if he had any invoice—he said "No"—I said "Where did you purchase it?"—he said "Of a man at the Red Oow," and that he gave 10d. a bar for it two or three days previously—he was asked again if he had any more—he said "No"—I asked him if he had any mottled soap—he said "No"—I said "It is a very strange thing for you, in the very midst of London, to have no mottled soap, only primrose soap"—he said that he had out the last mottled soap that day—the detectives searched the place, and found four bars of red soap, which we call skin soap, under the counter—twenty-two bars of yellow were found in the window; the whole of that found in the window was unstamped; there was no red soap in the window—the skin soap was not stamped, but I identified that because very few makers make it—I identify a portion of a boil of soap which we only cut up on 15th September, the Monday previous, and sent out on the 16th—the soap found under the counter he said he bought of an elderly man two or three days previously; he did not say where—the primrose soap weighs about 3 lbs. per bar, and is worth a fraction under 10 1/2 d. a bar wholesale, and the skin soap 1s. a bar.
Cross-examined by MR. HOLLINGS. I don't think we sent out any curd soap on the two first occasions—the soap appears old, not as if it had been made recently—we made similar soap to the curd soap, but I can't swear to it.
Cross-examined by MR. MEAD. Twenty bars were unstamped, but I believe them to have been made at my establishment—only one or two other makers make this soap, and theirs is not so good—most houses cut their bars a different shape to these.
Re-examined. One bar of primrose is stamped with our name, and the other bars are all of the same description, size, and quality—this is the size of our bars.
COURT. Q. Is all your soap stamped? A. It is our custom to stamp it for retail buyers, but for the perfumers who re-melt it we do not stamp it—a stamped bar might get into Pears' lot accidentally—the red soap of 16th September was unstamped—I suspect some stamped primrose of was sent out on the third occasion—we never stamp the skin soap.
JAMES ALDAY (Detective Officer S). On 2nd September, in consequence of a comunication Messrs. Harris made to me, I watched the cart driven by spalding, as he was leaving the premises—he went to the Red Cow, Hammersmith; I saw Frogley and Smith outside there—I followed the van to Isleworth, and saw it go into the yard—I afterwards saw Spalding come out, and on his way back he called at Mr. Ray's, at Brentford—he then went to the Red Cow again, drove into the yard and stopped on the left hand side—it is the next building to the Red Cow, there is stabling there, and a trough outside for horses—he stopped there some time—the other prisoners were outside—I saw spalding come out at 5.45—he spoke to Smith and Frogley outside, and Frogley went into the house and came out directly—Spalding soon afterwards drove away with the van, which had been in the yard, I should think, two hours—a man named Payne was with me, not a constable—I did not see Yeatts that day—I followed the van home—the yard gates were open—on the 16th I went to the Red Cow, and saw Frogley standing outside—Payne ran across to me, I sent him back—I walked some little distance up the road—Payne came up to me and was about to communicate with me when Frogley came up; Payne went across the road and bought a penny loaf—I told Payne to go back; Forgley then came and looked me in the face and went back to where Payne was, and Payne came back and made a communication to me—I also saw Smith outside the house—I went round the back way and met Detective West, and saw Frogely drove away—I said that we were two police officers, and I did not wish then to criminate themselves in any way—I then asked them if they had bought any soap of Mr. Harris's carman—they said "No"—I said "The carman and Henry Spalding are in custody, did not you purchase and receive some soap of them on the 2nd instant, from a van with two black horses, which backed up against the gates of the coach-house? "—they denied all knowledge of it and said "We have so many vans call here in the course of the day that we cannot remember"—Smith said to Frogley "Jack, open the gates"—Frogley undid the door with a key, and we went in and searched the coach-house, but found nothing relating to the charge—I asked Smith if that was all the stable they had—he said "Yes, that one on the other side belongs to Mr. Lucas, the railway contractor"—I took them in custody, and afterwards went to Smith's house, his wife was ironing, and I saw some wash tubs in the rear of the house—Smith gave me the address at Hammersmith Station—I searched the house and found this piece of curd soap in a cupboard in the parlour—no washing was going on, but she takes in washing I believe, I saw an enormous lot of things hanging on a line—Frogley gave me his address at the station—I went
there, there was a deal of laundry going on, five women were washing—I searched and found about 1l. 2lb. of mottled soap—Hay den's shop is just at the rear of the Red Cow, in Church Lane—I went there and saw a quantity of soap in the window—I asked for it, twenty bars were taken from the window and the prosecutor identified it—I asked Hayden how he accounted for them—he hesitated some time and then said that he purchased it of the ostlers at the Rod Cow, a fortnight or three weeks ago, and the bar with the prosecutor's name on it at the same time—he said that he offered 8d. a bar, then 9d., and gave 10d.—I asked if he had more—he said "No"—I took him in custody and searched his place, but found nothing—after he had for the second time denied having any more soap in the house, I saw West find four bars more under the counter—on the way from Hammersmith Station to Old Street Station he Said "Did not I say I gave 10d. a bar for the soap?"—I said "You, did"—he said "I gave 93l. 4 for it"—I asked him if he had any receipts or invoices—he said "No."
Cross-examined by MR. HOLLINGS. I was employed on five occasions to follow Spalding—he stopped at one place and purchased some whip-cord, but I saw no soap then—Payne is a printer, and I have known him about eight years, he has been useful to me in this case, and on one other occasion—I have never used him as a witness before—I did not know that Smith and Frogley were employed at the Red Cow till after they were in custody—Frogley gave me his mother's address, or I should not have gone there.
Cross-examined by MR. MEAD. The twenty bars of soap were whole; some of them have been broken since.
WILLIAM WBST . On 16th September I went with Alday to the Red Cow—the van was in the yard and I saw-Spalding, Smith, and Frogley together—I went with Alday to Hayden's house, and found four bars of glycerine soap, unstamped, under the—. counter—all the soap found was common primrose or skin-soap, except two bars, which Mr. Harris did not identify—when Smith and Frogiey were brought into the charge-room I said to Hayden "Do you know either of these men?—he said "Yes, those are the men that I spoke of"—they could hear that, but said nothing—when I searched Frogley at Old Street Station, Spalding, who had been searched, said "Don't shake, Jack"—Frogley said "It is enough to make me shake, but I don't think it will amount to much."
THOMAS PAYNB . I am a printer, of 48, Margaret Street, Clerkenwell—on 2nd September I was with Alday, and saw Harris's van driven by Spalding; it stopped at the Red Cow, and on the return journey it stopped there again, and went into the yard—Smith and Frogley were standing outside the door—Spalding went into the tap-room, and Frogley went and spoke to him, and then he went and drew his van on the right-hand side, with the back to the coach-house door—Smith and Frogley were there, and Frogley opened the coach-house door with a padlock—the tail-board was put down—I did not see anything taken out of the van, but I saw Spalding go in and out of the coach-house—the tail-board was then put up, and Frogley went into the public-house and got change for a sovereign, and gave some money to Spalding—they were then half-way up the yard—Spalding then got up into the van and drove away—on 16th September I was at the Red Cow, and saw Spalding there with the van, he drove into the yard and Smith and Frogley spoke to him—I saw Frogley receive a basket of apples from a man which he held behind the door, and he said to
me "What are you waiting fort"—I said "I am waiting for a man to come"—he said "What man?"—I said "Of the name of Pike"—he said that I was not waiting for a man at all, and said "You went and spoke to a b—y detective, and for two pinches I will throw you in the horse trough"—he then said "Don't take any notice of him, he is drunk."
Cross-examined by MR. HOLLINGS. I was not drunk—it is seven weeks since I was engaged in printing, that was by Mr. Dunlop, of Knight Rider Street—I have been doing nothing since that, but I have been every day to see if there was any work—I have worked for Mr. Dunlop twelve months when there was anything for me to do—I have known Alday eight or nine years—he saw that I had got a bad arm, and asked me to go with him to the Red Cow—I have also been to other jobs with him—he put me to watch this van—I have been examined here before, in a case of robbery; Alday had nothing to do with that, I was with Sergeant Smith—I hope Alday will pay me, for I have lost enough time over it.
WILLIAM BLAKE (Detective Oficer). I have been watching the prisoners independently of the other officers—I saw Spalding, Yeatts, and Frogley together—I saw a man taking photographs of Spalding and the van opposite the Red Cow—I have seen Hayden there, he had a pony and cart which used to draw in there—on Tuesday night I saw a bar of reddish-looking soap in Hayden's window, and some white soap; it was there the next day.
RICHARD TALBOT . I am foreman to Messrs. Pears, of Isleworth, soap refiners—they deal with Harris & Son—on 26th August I saw Spalding bring a load of primrose soap to their premises—he gave me this invoice—the delivery was to be 21l. 2 tons, that would include 30 lbs. extra—nine boxes were delivered, but no orange case—Yeatts and another man were with him—later in the day I received a communication from Harris's, and then weighed the soap; it weighed 48 cwt., 2 qrs., 14 lbs., that was 1 cwt., 2 qrs., 17 lbs. short—on 2nd September Spalding came again with a van with 21l. 2 tons of primrose soap and 30 lbs. over—I afterwards weighed it, it weighed 49 cwt, 2 qre., 10 lbs., that was 76 lbs. short—on that occasion there were two orange cases also.
SMITH, FROGLEY, and HAYDEN— NOT GUILTY .
SPALDING.— Eighteen Months' Imprisonment.
YEATTS— Nine Months' Imprisonment.
THIRD COURT.—Friday, October 31st 1873.
Before Mr. Common Serjeant.
MR. BESLET conducted the Prosecution; and MR. SIMS the Defence. ELLEN SIMMONDS HINDLEY. I am assistant to Mrs. Watkins, 3 and 4, Norton Folgate, milliner—on Monday, 23rd, September, the prisoner came to the shop—I did not know her before, but I had seen her pass the shop—
she asked to look at some hats, and I showed her some—she selected eight and I told her the price—she said she wanted two for herself, two for the daughter who came with her, a girl about 14 or 15, and two each for two little children who were at home—she then asked me the price of some dresses which were hanging in the shop, I told her and showed her some others—she selected three dresses and five mantles—she tried one on herself and one or two on the little girl—altogether she selected goods to the amount of 15l. 3s.; there was one mantle which we were to make for a little girl—she said she would have them sent to 61, Old Broad Street—she gave the name of Mrs. Summers, and said it was a luncheon bar—I asked her if she would pay for the things then, and she said "Oh, send the bill with them and I will pay for them then"—I made out an invoice and put a receipt stamp on it, and gave it to the porter, Hunt, with the goods, and I gave him directions not to leave the things without the money—he went away with the parcel and the invoice.
Cross-examined. The prisoner was in the shop nearly half an hour—I made out the bill myself, and I made one out for Mrs. Watkins, next day when she went to try and get the money—I had got the account against Mrs. Summers in the book.
Re-examined. I sold the goods thinking they would be paid for on delivery—I made the invoice out directly the prisoner had left the shop, and I made the entry in the book when I found that she had not paid and that the porter had come back without the goods.
GEORGE HUNT . I am porter to Mrs. Watkins—two baskets of goods and an invoice were given to me by Miss Hindley to take to 61, Old Broad Street—I went and found a refreshment bar there—it was about 2.30 or 2. 40 in the afternoon—I saw a girl about fourteen—I waited about half an hour, and the prisoner came in, she said "Are you the young man who has brought the goods?—I said "Yes I am"—she took the goods out of the basket and handed them to her daughter, who took them up stairs—I handed the prisoner the invoice, and said I had orders to receive the money or take the goods back—she said "I see there is a receipt stamp on the bill, but it is not receipted"—I said "No, I will receipt the bill when You have paid me the money"—she said "I think you had better take the invoice back, and bring it again in half an hour, and also some boxes that were ordered"—I said "You will excuse me, but my orders were to receive the money or take the goods back"—she then said "You had better wait till my husband comes in"—I waited about 20 minutes or half an hour when rather a tall fair man came in and spoke to the prisoner, and then he said to me "Oh, young man, you don't seem inclined to leave the goods, it will be all right, I will go and get a cheque, and send it on in half an hour"—I said I had orders not to leave the goods without the money, therefore I would rather wait there for the cheque or the money—he said "Well, if you don't seem inclined to leave, I will go and get a cheque and bring it on here in half an hour"—he went away—it was then about 4. 40 or nearly 5 o'clock—the prisoner was still there, I waited till about 7 o'clock, but the man did not come back—I said to the prisoner several times "The gentleman does not seem to come with the cheque, I would rather take the goods back, and bring them in the morning"—she said "I thought my husband would have been back before this; you had better wait a little longer"—I waited about ten minutes, and then I said "I see the money is not forthcoming; I am determined to have the goods and bring them in the morning"—she said "You can't do that,
for I have sent them on to my house at Walthamstow"—I said "What right have you to send the goods away while I am waiting here for the money? how have they gone?"—she said that was best known to herself—I said I had better wait a few minutes longer, and she said "I shall turn the light out, and go and see if he has got the cheque"—the light was turned out, and I was left in darkness, and I left, thinking I should be locked up in the place all night—I did not consent to part with the goods at all—the same evening I went with Mrs. Watkins to the Shoreditch Low Level Station, and saw the prisoner with the same man who said he would go and get the cheque—Mrs. Watkins demanded the money or her goods back—the prisoner said "It is a fine thing to be put down as a thief on the platform; give me into custody"—I caught hold of the parcel that the man had who was with her—he wanted to know what right I had to do that—I said "I want to know whether this is a part of the goods"—he tore the paper, and I believe it contained two or three old dresses, not any of our goods—he said "Are you satisfied?"—I said "I am quite satisfied they are not our goods, and therefore I can't detain them"—and they descended the stairs hastily, and were gone—I attended before the Magistrate next day, Friday—the goods were afterwards shown to me at Guildhall on the first examination, except one mantle, which I saw on the second examination.
Cross-examined. I have been in Mrs. Watkins's employ about six months—I generally take things out to persons when they are sent—the place I went to was one room in the basement of 61, Old Broad Street, with a chemist's shop above it—there are two staircases to the house, but they did not both come into the room where I was—Mrs. Summers was behind the bar when the tall fair man came in—Mrs. Watkins did not tell me there was a mantle ordered which had not been sent—the goods I had were 15l. 3s., and I was to receive that or take the goods back.
ELIZABETH WATKINS . I am a milliner, at 3 and 4, Norton Folgate—I went to the Shoreditch Station at 11 o'clock, and before that Mrs. Summers was a stranger to me—next day, Wednesday, I went to 61, Old Broad Street—I remained there till 1 o'clock, and afterwards from 2 till 5 o'clock—it is a cellar, and the gas had been out off—five men came down for half a pint of ale during the whole time I was there, and one for a cup of tea, and I also saw rather a tall fair man—I did not see Mrs. Summers at all, nor my goods—I consulted a solicitor, and went to Guildhall, and obtained a warrant—I afterwards saw the goods, and they were given up to me by order of the Magistrate, and have since been sold.
Cross-examined. I took a bill with me to 61, Old Broad Street—I did not present it—I put it iu my newspaper, and it was stolen, at least, I missed it after the fair man had gone—Miss Hindley put a stamp in the envelope, and the envelope and stamp disappeared—I did not miss anything else—the bill was in the envelope—I put them on the table at which I was sitting—I did not see anyone take them—I did not say anything about this at the Police Court—I told my solicitor when I saw the second bill that it must have been stolen—I missed it when the fair man had gone—I was going to demand the goods, and Miss Hindley said "Perhaps you would like a bill?" and she gave me one—I did not take anybody to carry my goods back—I will swear that I did not take the bill with the intention of giving it to Mrs. Summers, and I will swear that I don't know how it went out of my possession—I saw it before the man came in, and while he
was talking to me and telling me he would give me a cheque, and I said I must have either the goods or the money—I missed it immediately he left the room—I told him I thought he had taken it, and the next day he called to say he was not Mrs. Summers's husband at all—I saw the man open the parcel at the Shoreditch Station the day before I went to Broad Street, but there was nothing of mine—mine is principally a ready-money trade, but if we send goods home and have no reference, we always expect the money, and the porter has general orders not to leave the goods—I believe that all the goods were sent that were ordered—the order was complete.
Re-examined. There was no stamp on the bill I took—I saw two invoices at he Police Court, in the hands of the prisoner's solicitor; that was the first time I saw the one again which I missed at 61, Old Broad Street.
WILLIAM GREEN (City Detective Sergeant). I received a warrant from the Guildhall Police Court, and went to Denmark Villas, Walthamstow, with Wright, on Friday, 26th September; I directed Wright to go round to the back of the house, and I knocked at the front door—I stood about a minute and then a man about 5 ft. 6 in. or 7 in., with dark whiskers and moustache, came along the gravel path towards me—I said "Is Mrs. Summers in?"—he said "No, she is not"—I said "I believe she is, and unless this door is opened I shall force it open"—I heard the door open and Wright came out with the prisoner—I entered the house, and said "Mrs. Summers"—she said "Yes"—I said "We are both officers, and hold a warrant to arrest you for stealing hats and mantles of Mrs. Watkins, in the City, you had better go in the parlour and I will read the warrant to you"—I read it, and she said "I did not steal the hats, I purchased them, and directed them to be sent to 61, Old Broad Street, where they were left"—I said "Are the things here?"—she said "No, they are not"—we then went to the station, where she was charged; she then said I could find the goods at a friend of hers, at 82, Mark Lane, Fenchurch Street—I went there; it is a place let out in offices, and the caretaker, Mrs. Ellis, gave me a parcel of goods in a box, which were shown to Miss Hindley at the first examination—I received a mantle from the prisoner's daughter, at 61, Old Broad Street, on the 1st October—I went there on the Thursday when I received the warrant—the premises were open there—I can't say whether they are closed now.
Cross-examined. The place in Mark Lane is where the prisoner's sister lives—I don't know that the prisoner has four children.
WILLIAM WRIGHT (City Detective Officer). I went with Green to execute the warrant, and went to the back of the premises at Denmark Villas—I saw a dark man, and said "Good morning, Mr. Summers"—he said "Good morning, sir"—I told him that a gentleman in the front wished to speak to him—I went to the back door first and found it was fast—I opened the back window and got in and proceeded towards the front door—I saw the prisoner looking through the keyhole at Green and the other man—I opened the door and Green came in.
GUILTY .— Six Months' Imprisonment.
MR. TAYLOR conducted the Prosecution; and MR. FRITH defended Jones.
WILLIAM WEST . I am Inspector of Police at the East India Docks—on Friday, 24th October, about 10 o'clock, a. m., I saw the two prisoners in a shed on the South Quay, each of them had just completed filling two large bags of wheat from two different sacks—I went up and said "Are you sampling here?"—Mallett said "yes"—I said "Who for?" and Mallett replied "Mr. Palmer's foreman, for Home, Son, & Mclnnes"—I said "Have you an order?"—he said "No, Mr. Whitby has it on board the ship," pointing to the Charlotte Gladstone—I went with Mallett on board the ship, Jones remained with the samples—Mr. Whitby is the clerk to Home & Co.—he came back with me and I asked him if he knew the men—he said Mallett was almost always employed by Mr. Palmer, and he knew that Jones was employed occasionally by Mr. Palmer—I asked Mr. Whitby if they had any right to take those samples, and he said he could not tell whether Mr. Palmer had sent them or not—I took Mallett's name and address first, and then asked Jones his name and address, and he said his name was William Jones—he said he was the sampler's man, that he was employed by Mr. Palmer, and his address was 77, Paradise Street, Rother-hithe—about 1 or 2 the same day Mallett brought this note—I made an objection and returned it to him; he afterwards brought it back crossed with the words "Two samples, C. Norris"—I was just outside the police-office door when I received it—Jones was standing there when Mallett gave me the name the second time, not the first time—I handed them the samples out, one to Mallett and one to Jones—Jones said "There has been a rare bother about this, they have lost the market, and it will cost about 15l.—the value of the wheat is about 12s.—Norris was the warehousekeeper of the Docks at the time that was signed.
Cross-examined. Mallett gave the order into my hands, Jones might have been a yard or two off—men are employed in casual work at the Docks—I don't know that Jones has been employed there—I may have seen him there, but I did not recognise him as a Dock labourer—I don't know how Jones saw the order.
THOMAS PALMER . I am lighterman to Messrs. Home, Sons, & McTnnes—Mallett and Jones have been employed by me by the day, as labourers and samplers—Mallett had been employed for four days before the 24th October—Jones had not been employed since about four weeks before—this order is not in my writing, nor is this my signature—I know nothing about it—I did not give them any authority to take any samples ex Charlotte Gladstone—neither of the prisoners were employed on that day.
Cross-examined. Jones had been employed on and off for the last twelve months—I know him to be a hard-working, honest, industrious man—I have been about the Docks twenty-five years—I have known one man help another sometimes, and say "I will give you a pot of beer if you will give me a lift with my work."
CHARLES NORRIS . On 24th October I was acting as warehouse-keeper at the Docks—I remember this order being brought to me by some person—I did not take notice of the man to recognise him again—I was told it was for two samples, and I wrote "Two samples on it and signed it.
JAMES TOOLEY (Policeman R 176). I took Jones into custody on Monday 27th—I told him he would be charged with another man, not in custody, for obtaining with a false order a quantity of grain belonging to the East
India Dock Company—he said "I know nothing' of it, Mallett employed me"—I said "Do you know where Mallett is?"—he said "No, I do not."
Cross-examined. I know nothing against Jones before.
JONES— NOT GUILTY .
Before Mr. Justice Honyman.
MESSRS. GRIFFITHS and HARMSWORTH conducted the Prosecution; and MR. F. H. LEWIS the Defence.
ELIZA RIOKWOOD . I am married, and live at 44, Bell and Anchor Cottages, West Ham—Napoleon Reneval lodged with me—I last saw him alive on 18th September, Thursday evening, and on the Saturday morning I saw him dead at the hospital.
HENRY HORACE . I live at 44, Bell and Anchor Cottages—Napoleon Reneval lodged in the same house, and we worked together—I am a coal filler to the vessels in the port—on 19th September, about 11 at night, I was with Reneval in Victoria Dock Road, going home—I received a blow in the chest from a stone—that was between the Victoria Dock gates and the Dock House Tavern—Reneval, who was walking by my side, called out "I am stabbed!"—I saw one man there in a smock frock; he was not near Reneval, he was coming the other way, but he was standing still when I got up to him—as soon as he said "I am stabbed," I saw two dark men running from him towards the Victoria Dock gates, and as soon as I saw the blood I ran after them to the Dock gaterand one of them was taken, Moralles is the man—he went in at the Dock gates, and was detained there by a man named Crawley—Reneval was sober—he had not spoken to these two men—we had had no unpleasantness or difference with them—there was a short one and a tall one—I cannot tell the tall one—I lost sight of him—I did not notice his appearance.
Cross-examined. This was over 100 yards from the Dock gates—I saw lots of men as I was going up the road, but only two men of colour—Jenner was the man in the smock frock—I was struck on the chest with a heavy stone nearly as big as my fist, and I stooped and picked it up—it did not hurt me much—Reneval went on while I was stooping—he turned to come back to me with his hand on his right thigh, and on that he was stabbed—it was not light, but I could see him turn to come back—he was about ten yards from me when he was stabbed—I don't speak to Moralles' features; I simply saw that he was a dark man.
Re-examined. I followed him to the Dock gates, and did not lose sight of him till I saw him taken by Conolly, and then I saw his face.
ROBERT JENNER . I am a carman, of 30, Hall Villa Road, Canning Town—on Friday night, about 11. 15, I was walking towards the Dock House public-house, and saw seven or eight foreigners, dark men—when I passed them they were quarrelling among themselves—I went on aud saw some of my mates—I was talking to them and Reneval came back and said "I am stabbed in the leg"—blood was pouring down his leg—Moralles was seven or eight yards off, and could hear what he said—Reneval spoke English—I noticed that Moralles had a knife in his hand—this is it (produced) I saw it taken out of his hand—I daresay he stopped a minute,
and then he ran away towards the Dock gate, and the other prisoner with him—I followed them to the Dock gate, and saw this knife taken out of Moralles' breast—the other prisoner I saw taken outside the Dock.
Cross-examined. I did not say before the Coroner that I saw "something" in his hand, I said "a knife"—I saw Moralles before Reneval said that he was stabbed—I passed seven or eight foreigners, but I did not see anything in Moralles' hand when they were all together—I did not tell the Coroner I saw the knife taken from his hand—I said I saw it taken away from him—it was taken from his breast—I don't know whether it was in a sheath—I saw Sandonnie brought out, I could not identify him then, because I did not take much notice of him, but I could tell him when I saw him next morning—I saw his face before he ran away, and he is the same man.
COURT. Q. And yet when you saw him in custody, quarter of an hour afterwards, you could not say that he was the man 1 A. I did not say that—I identified him as soon as I saw him.
Re-examined. When Sandonnie was in custody at the Dock gate, there were a lot of people there, and there would be sure to be a little bit of a disturbance—when Sandonnie was brought out they did not say anything to me about identifying him—I believe I mentioned before the Coroner, that I saw Moralles after I heard Reneval cry out that he was stabbed—I do not know why it is not down in my deposition—questions were put to me by the Coroner, and there were a lot of gentlemen who kept speaking tome.
COURT. Q. Who was it brought Sandonnie in custody to the Dock gate? A. Crawley and Fairbairn—I looked at him, and when he got up into the light I knew he was the same man who ran away with the short one (Moralles)—I don't think I said that I did not know Sandonnie at first, because I know him as well as I know him now.
JOHN CRAWLEY . I am a lighterman, of 39, Montagu Street—on 19th September I was in Victoria Dock Road, about 11. 10 or 11. 15, in company with Fairbairn and Watkins—I saw a quantity Of people there, some were foreigners and some were not—I heard a great noise and quarrelling, and when I got close to them I saw Mr. Bird (See next case) bleeding from his left wrist, and he said that he was stabbed—I saw the prisoners there—Moralles had a knife in his hand, and I saw him flourish it about by the light of the gas—that is how I knew he had a knife—they then ran away and I followed them, with Fairbairn and Watkins, and caught Moralles by the Dock Gate, and took this knife away from him—it was in a sheath, inside the front of his trousers—I saw Sandonnie brought out of the Dock, and I recognised him.
COURT. Q. Was there much light there? A. There was gas in the road, about every fifty yards or less—I think the road is about ten yards wide, with the pathway as well—there is just room for a couple of waggons to pass comfortably, and the foot pavement—I stood on a piece of waste ground, neither on the road nor on the footway—I saw Bird picked up by the side of the road off the waste way, and Moralles was close by with the knife in his hand—I did not see Reneval that night, but I afterwards saw him in the hospital.
JAMES FAIRBAIRN . I am a lighterman, of 90, Rathbone Street, Canning Town—on 19th September, about 11. 15—I was with Crawley and Watkins, and saw the prisoners molesting Bird, between the Dock gates and the public-house—they were knocking him about—he halloaed out
when he was on the ground that he was stabbed—the prisoners ran away and I ran after them, and took Sandonnie inside the Dock, near the water—I saw him throw something into the Dock and heard it splash—I can form no idea of what it was—I did not see Reneval.
GEORGE MORGAN . I am house-surgeon at tihe London Hospital—on 20th September, about 12.20, Reneval was brought in in a state of exhaustion, bleeding from a wound on his right thigh, such as might be caused by this knife—he died two hours after his admission, from exhaustion from loss of blood from the wound.
Cross-examined. I believe a policeman brought him to the hospital, which is, I think, two or three miles from the Docks—there was only one wound.
GEORGE MITCHELL (Policeman K 303). On 19th September, about 11. 20, I was on duty, and heard halloaing and shouting in Victoria Dock Road—I went towards the Dock House and saw Fairbairn, who gave Sandonnie into my custody; and after going about forty yards, Crawley gave Moralles to me—I took him to the station, and handed Sandonnie over to another prisoner—Crawley handed this knife to me at the station—I saw a slight swelling on Moralles' face.
WILLIAM NELSON (Policeman K 547). I was on duty, and saw the prisoners in Mitchell's custody—he gave Sandonnie to me—on the road to the station he told me that he had no use for a knife, and afterwards he said that he did not throw a knife away, it was knocked out of his hand—he spoke as good English as I can.
Cross-examined. I told him that he must go to the station—he said "Very good"—I then said "What did you do with the knife?"—I asked him that because I heard some people mention a knife—I did not ask him what he had done with it more than the people round did—I was on the road to the station—he said that it was knocked out of his hand, that was a contrary statement—a great number of people were following.
Cross-examined. I did not take him to any apothecary first—Dr. Morris and I went simultaneously to the spot, and he ordered the public-house doors to be opened, and the landlord admitted us and did all he possibly could by tying handkerchiefs round the deceased's thigh, and then I took him to the hospital.
MR. LEWIS submitted that there was no evidence against Sandonnier there was only one wound, and there was no evidence of concert between the prisoners. MR. GRIFFITHS contended that it was for the Jury to say whether they were not out for a common purpose. The case was left to the Jury.
MORALLES— GUILTY of Manslaughter. — Five Years' Penal Servitude.
SANDONNIE— NOT GUILTY .
MR. GRIFFITHS, for the Prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. A. B. KELLY conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and GRAIN the Defence. JOHN MORSLEY. I am landlord of the Tidal Basin Tavern, near the Victoria Docks—about 11.30 p. m., on 13th October, I was sitting in my bar parlour and heard my dog bark and the geese making a noise—I looked out and saw two men in the yard, walking towards the fence—I went down into the yard, followed by my son—I saw the two men getting over the fence—I asked them what they were doing there at that hour of the night—they told me to go and b----myself—I said "You ought to be ashamed A. yourselves, disturbing people in this way"—at that time James Parker, the waiter, had opened the side gate, and was speaking to them—he said "If you want the Docks I will show you"—I said "If you are not off I will set the dog after you"—they made a rush at Parker, and then my barman, Taylor, and my son jumped over the fence—I got over afterwards, and Parker said "I think I am stabbed"—I put my hand to his side, and he was bleeding—the barman was on his back, and Parker was standing up—I said to the barman "He is stabbed, look after him," and I followed the men, who had run away—one of them, a man named Grant, run against a policeman who had just come out of the Docks, and he was given into custody—I sent for a medical man to see Parker.
Cross-examined. I can't say that they were all on the ground; there was a scuffle—I don't know who stabbed the man.
JAMES PARKER . I am waiter to Mr. Morsley—in consequence of the alarm from him and his son I went through a side gate into the field—I saw the prisoner and Grant—I said to the prisoner "What do you want in the yard?"—he said "I want the Victoria Docks"—I said "If you are a stranger I will show you," and then he struck at me—the barman, Taylor, came up, and he was on his back in a moment—I saw the prisoner on the top of Taylor, and saw a darkhandled knife in his right hand—I went and put my left arm round his neck and pulled him off Taylor—I felt his right hand come up against my left side; a moment or two afterwards I put my hand to my side and found I was stabbed—I saw the blood on my hand—the prisoner ran away—he was the only person near me when I was struck—I became faint and insensible.
Cross-examined. The prisoner and me and Taylor were all scuffling together—Grant was not close to me—I had not seen either of the men before—young Morsley was close by—I did not see what he did—I had enough to do to look after myself—the dog was not let loose, he was never tied up; it was a little bit of a dog, that runs about the yard—he came with the master, not with me—I never saw any stones thrown, nor any stick.
THOMAS CHARLES TAYLOR . I am barman—I heard Parker describing the best way for the men to get to the Docks—the answer the men gave him was very abusive indeed, and I saw the prisoner strike Parker violently—I jumped over the fence to assist him—I said to the prisoner "How can you misconduct yourself like this?" and he struck at me—I stood on the defensive, and he came at me like a tiger, and down I fell; in the struggle he got his arm round my neck—I stuck to him as tight as I could, so that he could not punch me—Parker halloaed out to me" By God, Charley, he has got a knife I "and he rushed at him and forced him off me—I saw him strike Parker a blow under the arm, but I could not see the knife, as I was on ray back—when I found he was stabbed I went to him—I followed the prisoner, but lost him in the darkness.
Cross-examined. I was not called before the Magistrate—I was ill at the time—I had a severe cold—I was not desired to go—I was doing my barman's work—I heard Parker say "By God, Charley, he has got a knife!—I told my master I heard that, but he did not take me as a witness—there was a lamp about ten yards off—I saw Grant distinctly; he took no part in the scuffle with the prisoner and myself—he was on the opposite side of the road—I did not see Grant struck on the head by anybody—I did not see any stones or sticks thrown.
Re-examined. I am positive the blow struok at Parker was struck by the prisoner immediately after he rose up.
ELLIS JONBS NORMS . I am a surgeon, residing in the Victoria Dock Road-on 13th October, about midnight, my assistant was called to Mr. Moraley's, but I saw Parker about 12 o'clock on the 14th, and have attended him since—he was very faint from loss of blood, and he had a wound on the left side, over the region of the heart; it was superficially small, but an inch and a half deep-we dressed it, and it got on uncommonly well and he is now, I may say, recovered—the wound appeared to be the result of a stab, such as might be done by a knife like this—it slanted inwards downwards, and upwards—the point of the instrument impinged on the rib-wards I would not say that it could not have been caused by falling WALTER WILLIAM MORSLEY I am the son of the landlord tavern-when I got down by the gate I saw my father talking to the men, and he said to me "Pick up Toby," that is the dog—I put him on the top of the fence and he fell over, and ran away—I got over, and Morrison towards me and struck me under the chin, and knocked me down—I went up because I saw the prisoner and Parker in a fighting attitude—when I got up I saw the prisoner on the top of the barman who was on his back-Parker went and pulled the prisoner up, and I heard Parker halloa out he was stabbed—the prisoner ran away, with Grant—they ran about twelve yards, and then parted—I saw Grant caught—I afterwards to see whether we could find the knife, and found acap—I afterwards went on board the Wild Deer, and saw berth—that was about 12.30, an hour afterwards—I saw one spot of blood on the pillow where the prisoner's head was—the constable told him two or three times to get up, and he pretended to be asleep ne told he wanted him for stabbing the waiter of the Tidal Basin Tavern outside the Docks—he said "I will own I was looking for the Dock gates"—the chief mate persuaded him to get up and go quietly,—I don't know how Grant got the cut on his head.
ALBERT YOUL (Policeman K 158). I found this knife about 6.30 the next morning, where the scuffle took place—the place was pointed out to eman me—it was about 6 yards from a lamp—I gave it to Sergeant Leman.
Cross-examined. The knife was shut.
WILLIAM PEARCE (Policeman K 393). I went to Mr. Morsley's house ABOUT 12 o'clock, and place the where the scuffle took place was pointed out—we found this cap while we were searching for the knife—it has a badge
on it—I afterwards went to the Wild Deer and saw the prisoner in his berth—I told him I should take him into custody for being concerned with another man in stabbing the waiter at the Tidal Basin Tavern—he ma-no reply—I asked him if the cap belonged to him, and he said "Yes"—the knife was not found then.
JAMES WILSON (Police Sergeant K 4). I was at the Plaistow Police Ration when Grant and Morrison were brought in and given in charge-Grant said he knew nothing about it—the prisoner said "I was there, I never stabbed anyone, I was wandering about trying to get into the Docks, when some one struck me a blow"—I showed him the knife, and asked him it it was his—he said "No"—I asked him who it belonged to, he pointed to Grant and said "I saw it with him, it belongs to him"—I asked Grant if it was his—he said "I had such a knife, I could not swear that is mine."
Witnesses for the Defence. PETER GRANT. I was second cook on board the Wild Deer—the prisoner was third mate—we were together on the evening we missed our way to the Docks—we had been to a public-house, and while we were there I heard the prisoner ask the barmaid for a knife—he had got some tobacco in his hand—he said "Never mind, I don't want it"—we went out to go to the Docks, and lost our way—we heard a dog bark, and some men came out—they asked what we wanted there, and I said we wanted the Victoria Docks—one man said "Put the dog on them," and three or four men came rushing out and attacked me with a stick—I was struck right across the head, it bled—I did not see who struck me—it was dark—no stones were thrown—I did not see the prisoner with a knife—I had a knife similar to this, but I don't know that this is mine—I have not been able to find mine—I have been in custody since, till the Grand Jury threw out the Bill against me—I did not lend the prisoner my knife.
Cross-examined. The wound on my head did not result from a fall—I did not fall as I was being taken into custody—I sat down lightly—I did not stab the prosecutor—I had no knife in my hand while the souffle was going on.
ROSAMOND ALDRED . I am the daughter of the landlord of the Railway ravern—about 10 o'clock on this night the prisoner and Grant were in the bar—the prisoner asked me for the loan of a knife, as he had not one to cut his tobacco—I rose to fetch the knife, and he said "Never mind, I won't smoke any more, and the tobacco I will keep and give to the gentleman at the gates as I go in.
Witness in Reply.
ALBERT YOUL (re-called). I apprehended Grant—as I put my hand on him to take him, he fell over some piles and struck his head, and it started bleeding—I did not see any blood before—his head struck one of the piles.
Cross-examined. The wound was dressed by a doctor.
GUILTY of Unlawfully Wounding.— Two Years' Imprisonment.
Before Mr. Common Serjeant.
MR. GRADY conducted the Prosecution. HENEY GOODMAN. I am Superintendent of the Telegraph Construction and Maintenance Company, Limited, at Enderely's Wharf, Greenwich—the prisoner was employed by Messrs. Fairbairn & Co., the contractors, in erecting some tanks at our works—on 19th September, I missed from the erecting shop, which is about 100 yards from where the prisoner was employed, two pairs of brass bearings, a metal plunger, and a metal gland, weighing about 70 or 80 lbs. and worth 6l.—on the Saturday morning the prisoner was discharged, and on Monday evening he came to me and complained of having been discharged—I told him I had spoken to the foreman about losing the property but had not mentioned anything about his dishonesty as we merely wished to get rid of him—I subsequently gave him into custody on the suspicion of stealing the metal—he said he knew nothing about it.
JAMES MILLER . I am a fitter's labourer, in the employ of the Telegraph Construction Company—on 19th September, I was dusting down the engine and the machinery, when I missed the flange of the engine—I also missed two pairs of brass bearings—I last saw these on the premises on the Saturday previously, when I was sweeping up the place—I never saw the prisoner in the erection shop, except at breakfast time.
Cross-examined by the Prisoner, You came in at 8 o'olock, at breakfast time—you used to come in with a can, and make it boil over the gas—that is all I ever saw you do.
REUBEN SLOANS . I reside in Greenwich, and am a labourer—I was in the service of the contractors on Tuesday and Wednesday, the 16th and 17th September last—I saw the prisoner every hour of the day, I was working with him—the dinner hour was at 1 o'clock—I saw him on those days about that time—he was near the tanks where we have our dinner, about 100 yards from the erection shop—I then saw him fetch out a bundle aud walk away from the tanks—it was wrapped up in a white cloth—it looked like brass bearings, but I did not see them—he had the parcel under his jacket—he took it off the premises and took it up the bank at the back of the river at the front entrance of the premises—the gate porter is stationed right against the gate at the little office—the prisoner went out there—on the Wednesday he left me at dinner time and said he was going to get a can of water—about 5 o'clock he went against the tanks and fetched out a bundle, and there was a piece of wood there, and he laid his coat and the bundle down to the aide of it—I did not see what it was that day—on the Friday I watched him—he left meand went and got a can of water, and after he got it he went straight towards the stony building, and I saw him go into it, and when he came back he brought out a parcel with him and went behind the tanks—I went in to see what it was, and it was a brass bearing—I saw him go into the same place at night when we knocked off, about 6 o'clock, I followed him in, and when he was coming out I said "Barlow, you had better turn that game up, if you do not you will get some of us transported," and he told me it was a bit of wood, and I said "I know what it is, I have been watching you."
Cross-examined by the Prisoner. I never had an angry word with you—I never knew you long enough for that—you came on the Tuesday morning, and never worked after Saturday—I admit that I, along with some of the
workmen, were in the habit of joking and tormenting an old man, but that has nothing to do with you—I never said "Harry ought to come down here"—I do not recollect asking you on the Saturday to go and have some beer—the reason you would not go with us to the public-house and join in drinking, was because you had a bundle under your arm—I saw this brass lying down beside the tanks—the reason why I did not take it to the foreman was that we had no proof of it before the Friday, that it was you—we saw you take a bundle out, but we did not know what it was—they have not got a strict gate-keeper there—you could go out with a bundle under your arm without the gate-keeper seeing you.
JOHN INGRAM . I am a fitter's labourer, in the employment of the Telegraph Construction Company—on Wednesday morning, the 17th September, I saw the prisoner at 6. 10 in the stone building—nobody was there at the time but myself—I left him there.
CHARLES PETERS . I have been in the service of Messrs. Fairbairn for about seven weeks—I was at work for them on the Telegraph Company's premises, in September—on Tuesday, the 16th of September, as I was leaving off work, I saw prisoner come from between the tanks with a bundle—the bundle had rather the appearance of being heavy—it had the shape of a bearing of some description—this was at the time for leaving off work, between 5 and 6 o'clock.
Cross-examined by the Prisoner. The bundle might have been a little larger than this book—I saw you coming from between the tanks with it in your hand—I do not know which way you went with it—I first heard mention of the brass perhaps on Wednesday—it was not mentioned on the Saturday when I went to have beer with the men—it was mentioned on the works.
EMILY GOLDING . I am a machinist, and reside at 6, Wellington Street, East Greenwich—I have known the prisoner for some time—on Thursday, the 18th of September, I saw him at about 1. 15 or 1. 20—he had a heavy parcel in a white cloth under his arm—he was standing at the top of Wellington Place—when I first saw him he was standing against the gate of Mr. Robinson, the marine store dealer—as I came back, he was standing at the top of the street, and Mr. Kobinson came out at the side gate and spoke to him—I did not see how long they remained together; I went indoors—on Friday, the 19th of September, I saw prisoner a little before 6 o'clock, coming from the direction of Marsh Lane, in the direction of Christ's Church—that was the road from the prosecutor's premises—he walked rather funny, as if he was holding something in his right hand trousers pocket—his hands were in his pockets—he was going in the direction of Old Woolwich Road—that is the way to. Robinson's shop.
Cross-examined by the Prisoner. I know the Duke of Wellington public-house—it is not more than thirty yards from the marine store dealer's—I did not know that you lived there.
Cross-examined by the Prisoner. You came outside and you told me what had happened, and you said "Let me meet you in the morning"—I saw you after breakfast—you said "I have been discharged with two or three others in regard to some brass bearings which have been stolen, and if I were you I would go down and see Mr. Goodman"—I went down that day—Mr. Goodman did not tell me what you was discharged for—I have
known you about two years—I and some others spoke to you about putting in for the police—I told you that I would assist you—I cannot say I ever saw you in bad company—I never saw you drunk or insult anybody—I have heard you get the name of dishonesty—I have heard the foreman of the College, a man named Larkins, say so—you were convicted on the 12th of January, 1869, for stealing a sovereign from your messmate on board the ship Industry, and you were sentenced to six weeks' imprisonment—I have a true copy of it in my pocket from the Governor of Maidstone Gaol—you were convicted by your commanding officer.
By THE COURT. Prisoner was for about three months in the Croydon police—he sent in his resignation—he was compelled to resign at once—he was fined two days' pay for fighting, or something—this conviction was not known against him when he was enrolled in the police force—it is only just discovered.
NOT GUILTY .
MR. BESLBY conducted the Prosecution. WILLIAM SNAZEL. I am a builder, of Upper Sydenham, and agent to Mr. William Withall, of Great George Street, Westminster, who is the owner of an unoccupied house at Upper Sydenham—I had the care of it—in the beginning of October I saw a copper fixed in the wash-house—I have since seen one like it in the possession of the police—the value of it was about 1l.—I have seen the prisoner in the neighbourhood—I know his father and mother very well.
JOSEPH KEAN . I am a marine store dealer, of 60, Willow Walk, Sydenham—on Friday, the 10th October, between 12 and 1 o'clock, I came down stairs and opened the shop door and found the prisoner—he had a copper which he wanted me to buy—he said it was a good one—I refused to buy it—I said it was an improper time to bring anything—he left it there, and I insisted upon him taking it back—I knew him before—he lived about thirty yards from my place—I put the copper into the back yard—I went up to the premises and replaced it.
Prisoner. I was not there at all, I was in bed. Witness. I have known him five or six years—it was moonlight, and I had the candle on the stairs—he was olose to me—I have not the least doubt but he is the person—I went to his house and said "Come and fetch that copper away"—prisoner had just got into bed—he came down to the door—he said "I won't fetch it; it will be all right there"—I said "Come, if you do not fetch it I will break it on your crown"—he would not take the copper away.
ROBERT HAYWOOD (Policeman P 471). From information, I went at 2 o'clock on Saturday morning, the 11th October, to Willow Walk—the prisoner lived at No. 31—I found the copper lying on the road, about ten yards from the prisoner's place.
ROBERT VANCE (Policeman P 38). I received information first from Mr. Kean's son, and afterwards from Mr. Kean himself—in consequeuce of what he said I reported the matter, and the last witness was sent to Willow Walk—this was after the copper was found—I took the prisoner into custody at a beer-shop at Sydenham, at 8.30 on Tuesday evening the Hth—he said "I know nothing about it; it is false."
GUILTY .— Nine Months' Imprisonment.
Before Mr. Justice Honyman.
MR. FRITH conducted tie Prosecution; and MR. LILLEY the Defence. GEORGE BROWN. I live at 15, Chandler's Road, New Cross, and am Surveyor to the Admiralty—on Thursday, 2nd October, I had been to Deptford Victualling Yard, and was going through Albert Street to New Cross—I was alone—the prisoner came up from behind me and inquired if I could direct him to London Bridge—I pointed and told him he could go along Evelyn Street, or by the entrance to the Commercial Docks—he then said that he wanted to go to the Victoria Docks—I said "Then you should walk to Greenwich, and cross to Blackwall Pier by the boat, and you will be close on the spot, it is only a short walk to Victoria Docks"—at that moment a friend approached—I asked him, and he agreed that that was the proper way—the prisoner stood there five or eight minutes, immovable, and having a few words to exchange with my friend, I moved off, leaving him in the same position—I walked eight or nine yards with my friend, and then halted and completed the conversation—we stopped for seven or eight minutes, and then I left my friend, and moved on—I had to pass the prisoner again, and he had not moved a stride, as far as I could guess—I passed him twelve or fourteen yards, and then heard footsteps, and then two fearful explosions just behind me in quick succession—I looked round immediately, and saw the prisoner holding in his hand what appeared to be a revolver—he was three or three and a half yards from me, holding the revolver in a wavering way, uncertain how to treat it, or what to do with it—he held it downwards at an angle of about forty-five, and glared at me with a very wild expression—at that moment a policeman and my friend hurried to the spot—the policeman seized the prisoner, my friend closed with him, and we all proceeded to the station—on the way the prisoner seized me with the hand which the policeman had not hold of and called upon him to take me in charge for trying to murder him, asking me at the same time who I was—I said that I refused to answer any question to him—on the way to the station I saw these holes in the sleeve of my coat under my arm, which were not in it before, and in my shirt sleeve also—the bullets appear to have gone between my body and my arm, perforating my sleeve—the prisoner called upon the police at the station to take charge of me—he said that I had haunted him all the previous night, and the whole place was filled with the smell of blood—he also said that I had smashed the window of his house when he was in Liverpool, and had robbed him—I afterwards saw a woman who was injured.
Cross-examined. I had had no previous acquaintance with the prisoner, and had never seen him to my knowledge—when he accosted me his manner seemed exceedingly earnest beyond what the occasion required—I passed him several times—he asked me everything twice in order to get a perfect answer.
THOMAS JOSHUA STEARMAN DUNNING . I am superintendent of a chocolate manufactory at 452, New Cross, Deptford—on 2nd October I was near the Victualling Yard, and saw Mr. Brown and the prisoner in conversation—they referred to me as to the most direct way to go to the Victoria Docks—I said that I thought to walk to Greenwich and take the boat to Blackwall was the best way—Mr. Brown and I then moved on fifteen yards in company
towards the Royal Victoria Yard, and after we had stood a short time talking, Mr. Brown left me—the prisoner was then standing in the same place, and that appearing suspicious to me, I stood and watched him, to see what he would do, and when Mr. Brown passed him ten or twelve yards, I saw the prisoner turn in the same direction and run after him, and when within four or five yards of him, he pulled something from the side pocket of his coat and immediately I heard two explosions in succession, and saw smoke and a revolver—I ran to Mr. Brown's assistance, with a policeman—on the road to the station the prisoner endeavoured to impress upon the policeman the necessity of taking Mr. Brown for an attempt to murder.
Cross-examined. He repeated that twice at least, and at the station he said that Mr. Brown had been haunting him all night—I heard him say that the whole place smelt of blood, and that Mr. Brown had made some attack upon him at Liverpool, and robbed him of 200l.—I was examined on the second remand—I noticed that the prisoner's demeanour was peculiar—he seemed in no degree to appreciate the peril of his position or the seriousness of the charge—he said to the Magistrate in a flippant tone, "Can't I have bail?—there was at that time a second accusation of injuring the woman who had been taken to the hospital.
FREDERICK PLASKETT (Policeman). On 2nd October, I was going oh duty about 1.30, and heard two reports of a pistol—I went up and arrested the prisoner—I saw him put something in his pocket—I searched him at the station, and found this six-chamber revolver, loaded in four chambers—two chambers had been recently discharged, I could tell that by the heat and by the blackening of the powder.
Cross-examined. I had charge of him on his remand—his conduct was not only strange and inconsistent at the—time, but on the remands it was equally so, and quite inconsistent with a sound mind—his general conduct and expressions led me to the opinion that he was not of sound mind.
The Prisoner's Statement before the Magistrate: "On the 2nd October, about 12 o'clock in the night time, I heard a noise outsioje the house where I am stopping, at 21, Dean Street, Shad well; I jumped out of bed and looked through the window. The night was quite dark, so I was not able to see anyone. I got in bed again and hearkened to see could I hear anyone a second time. I fancied I heard someone in the street. I took my revolver and fired it in the centre of the street three times, and I heard five or six men running as hard as their legs could carry them. At the same time I heard someone in the next house, and they had, I believe, some kind of chemical stuff and I felt my senses almost gone. I looked out of the window again to Bee was it the man outside, but I could not see anyone, the night was so dark. I got into bed again and put the revolver under my head for fear of anyone coming near me, and I fell asleep with the revolver under my head, for fear of being murdered. The following day I took a walk round the East India Dock, in search of employment; I left the East India Dock and came on the other side of the water; I got in company of two men as I fancied to be secretaries of the Ship Building Society, and I left them near Mr. Penn's, the engineers, as they were going forward to Woolwich. I went forward to the Victoria ship breaking yard, and after waiting there about half an hour I came in contact with this man here (Mr. Brown) I asked him the way to London Bridge, and at the same time if there was any ship building yard on the way. He turned up his nose and said 'You had better go back again to the Victoria ship building
yard. 'With him speaking so dirty to me, I took him to be the man who was attempting to rob or murder me, and then we parted. I heard the man say as lie was going 'I'll give it you when I've got a chance, 'and hearing this I followed him, fired a near shot to him to frighten him, and at the same time to call a policeman for attempting to rob and murder me the night before. The man came to the police-office and I was took up for firing the revolver. I was searched and put in gaol."
Witnesses for the Defence. JOHN KOWLAND GIBSON. I am surgeon of Newgate Gaol, and have been so eighteen or nineteen years—I have had considerable experience of persons of unsound mind—the prisoner was admitted to Newgate on, I think, 17th October, and I examined him on the 18th, and from that time he has been daily under my observation and care—I examined him the first day I saw him and formed a very decided opinion of the state of his mind—I see everyone who comes in—I think he is insane—he suffers under distinct delusions and hallucinations—the opinion I formed on the 17th is completely confirmed by subsequent examinations, and in my judgment he is decidedly of unsound mind.
COURT. Q. YOU have no doubt about that 1 A. Not the least—I find that he has been labouring under these delusions for the last two or three years—he says that he has been followed by people who want to rob and murder him, and that they have made communications from an adjoining room, where materials have been put to suffocate him, and that on this night he called out of the window to obtain assistance, and that he believes that his food has been poisoned—I can judge between assumed and real delusions—they must have existed antecedent to October 2nd—he believes that Mr. Brown is one of the persons who have been following him, and said that he knew him by his voice—I think he has not sufficient reason to know that he was doing an act that was wrong.
CHARLES FODEN (Police Inspector R). The prisoner was under my observation after iris apprehension—when he first came into my custody he was like a person insane, as if he was not capable of knowing under what circumstances he was there—on visiting him in the cell a short time after his apprehension he wanted to know whether the man was in custody, meaning Mr. Brown—I told him he was not—he said "What, have I made a mistake?"—I said "I am under the impression that you have"—he said "Is not he the man who has been attempting to murder me and have my 200l.?"—I said that I did not think he was—he said "Well, if that is the case, of course, we shall both get off"—when I searched him I looked for any marks to distinguish him by under the impression that he was a lunatic—he was exceedingly earnest in pointing out all the marks, which a sane person would not do—from his coming into my custody till his committal, I am of opinion that he was of unsound mind.
NOT GUILTY, being insane. To be detained until her Majesty's pleasure be known.
Before Mr. Recorder.
MR. FRITH conducted the Prosecution.
Greenwich Road, the prisoner came up to me as I was resting on a rail, and said "What is the matter?"—I said "Nothing," and just at the moment I felt a tug at my pocket—I turned round and felt bis hand in my pocket—I said "You vagabond, you have got my money"—he said "I have not"—I heard some money rattle on the pavement—he tried to get away—I held him tight by the left wrist—he dragged me half across the road—when he found I would not let go, he struck me with his right hand, and I remember no more.
WILLIAM SWAIN . I was with my mother—I saw the prisoner come up and put his head in her face, and his hand down by her side, arid I heard some money jingle on the pavement—my mother said "You vagabond, you have got my money," and caught hold of him—he struck her and made off—I and Mr. Harvey ran after him, and I assisted him in catching him.
ANN HARVEY . I saw Mrs. Swain in the Greenwich Road, and the prisoner leaning over her—I heard her say he had taken her money—he struck her on the head, and knocked her senseless into the road and ran away—my husband caught him, and I assisted Mrs. Swan to the station.
DENNIS O'CALLAGHAN (Policeman R 345). The prisoner was given into my custody by Mr. Harvey—he said "I will go with you because I am not guilty of the charge; all the money I have is 1s. 3d."—I found on him a knife and a tobacco-box.
Prisoner. Q. Was not the lady intoxicated? A. No.
Prisoner's Defence. I was coming down the Greenwich Road and this lady stood by the side of the road, leaning on the railing; I said "Look out, mistress, you will fall over. "She said "No, I shan't; you vagabond, you have robbed me. "I said "I have not touched you," and walked across the road. I never touched her.
GUILTY — Twelve Months' Imprisonment.
Before Mr. Justice Archibald.
MR. FRITH conducted the Prosecution.
WILLIAM GODDARD . I am a bricklayer, and live at 9, Prospect Place, Sydenham—on Saturday afternoon, 27th September, after leaving my own employment, I went into the Telegraph public-house, Forest Hill, to have a glass of ale with the deceased and three or four other friends—the prisoner, his brother, and a friend were there—a dispute arose between the landlord and the prisoner's friends about some wood, and about half-an-hour after I and my friends left the house—the prisoner and his friends followed us up Park Road—the prisoner's brother said to Bull, one of my friends, "Give us a light"—Bull said "I don't know whether I have got a light, I will give you a light off my cigar," and when he went to give him a light, he had no tobacco in his pipe—Bull said "You have no tobacco"—he said "Give us a piece"—Bull said "I have not got any, I don't use it"—he said "Give us a cigar, then"—Bull said "I have not got one"—he said "Give us the short end of what you have got in your mouth"—Bull said "No"—what passed between Payne and the prisoner's brother I can't say, but they began to fight, and they fell down—the deceased went to help
the prisoner's brother up off of Payne, and after a minute or so, I saw him on the ground with two on the top of him—I ran across the road and helped him up—he was not much hurt—after I had helped him up, we stood for two or three minutes; the deceased stood sideways like to the prisoner, about 5 or 6 feet from the kerb—the prisoner then stepped from the kerb and struck the deceased on the chin, and he went backwards, and a carriage that was coming by went over him; he fell between the horse's hind-legs and the front wheel—I can't say whether the prisoner could see the carriage coming; he stood right on the kerb, facing across the road—I could see" the carriage coming down the road—after striking the deceased, the prisoner went away as fast as he could with his barrow, and his brother, too—I and two policeman and a man on horseback went after him and stopped him—I don't think any of them were the worse for drink.
JOSEPH BULL . I am a bricklayer, at Lewisham—on Saturday, 27th September, I was with the deceased and others at the Telegraph—when we came out there was a scuffle, the prisoner was one in it—it only lasted a minute or two—then Payne received a blow on the nose from the prisoner's brother—I can't say whether it was the prisoner that had the scuffle with the' deceased, but after the row was over they were standing talking about it—the deceased stood in the road, about 6 feet from the kerb, and facing the kerb, and I saw the prisoner rush from the path and strike him—there was a carriage passing, and as he fell the carriage was immediately on top of him, and the wheels went over him—the deceased was not standing in a fighting attitude, he stood unconcerned—he did not see the blow delivered at him, neither did he see the carriage coming—it was a deliberate blow, not a shove—there was a graze on his chin after I got him home—that could not hare been caused by the fall; he fell backwards, and I heard him groan as the wheels went over him—I helped pick him up and took him home, and was with him when he died at 7. 15 next morning—I did not see the carriage coming till it was on him—I was talking to another party; it was so near to him that it was impossible to prevent its going over him—there was not time for the coachman to pull up.
FREDERICK AUGUSTUS STUTTER , M. D. I live at Farnborough House, Sydenham—on Saturday afternoon, 27th September, between 3 and 4 o'clock, I was in my carriage, drawn by two horses, passing through Forest Hill—I saw something come up against the carriage, and immediately felt a jerk—I stopped the carriage at once, and got out and found that a man had been run over—I ordered him to be taken in a cab to his own house, and I followed to see what was the result of the injury—I found that he had sustained some internal injury, the nature of which I could not determine at the time—there was no external mark—I prescribed for him, and ray assistant attended him until his death—I subsequently made a post-mortem examination by order of the Coroner—I found that the bowel was completely severed in two places, and there was considerable hemorrhage in consequence—that was undoubtedly caused by the wheels going over him—there was a slight graze on the chin—I should imagine that was caused by contact with the ground—there were no marks of violence about the face—the carriage was going unusually slowly just at that time.
WILLIAM HOARE . I am coachman to Dr. Stutter—on 27th September, as I was passing the Telegraph, I saw some men—I saw one of thorn raise his arm and strike another, who immediately fell between the hind legs of the horses and the fore-wheel of the carriage, and both wheels on that side
went over him—there was no time to pull up—if I had pulled up I should have stopped with the horses' legs on the man's body.
By the JURY. I did not see a blow struck, I only saw one man raise his arms—I could not say who he was—I was very nearly on to them at that time; it was on level ground—the carriage would not have knocked him down if he had not been struck—there was pleuty of room—he seemed to double up, and fall like a ball under the carriage.
CHARLES PAYNE . I am a stone mason, and live at Sydenham—I was at the Telegraph on the afternoon of 27th September, and saw the prisoner and deceased there—I had a quarrel with a man, and took off my coat and had a fight—I did not see the accident; I was wiping my face at the time, and when I looked the deceased had been run over.
The Prisoner, in his defence, and also in his statement before the Magistrate, alleged that the deceased teas running towards him to strike him, and that he struck him in self defence.
JOSEPH BULL (re-examined). They did not close together before the deceased fell—the prisoner rushed across with some oath and struck him—there was no blow given back by the deceased—there was no time—no sooner was he struck than he fell on his back—his heels went up, and the wheels went over him.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and BUCK conducted the Prosecution. ANNIE WARMAN. I am the wife of George Warman, of Southampton Street, Camberwell, we keep a tripe shop—on 4th October, between 10 and 11 o'olock a.m., I served the prisoner with 11l. 4 lbs. of tripe, which came to 71l., she gave me a half crown, and I gave her 1s. 101l. 2d. change—I put the half-crown in the till—there was no other there-my husband afterwards drew my attention to it, and it was bad—I am positive the prisoner is the person.
REBECCA LANCUM . I am the wife of William Lancum, a baker, of 164, Sumner Road, Peckham—on 4th October, about 8. 15 p. m, the prisoner came and bought a half-quartern loaf, which came to 33l. 4 she gave me a half-crown, I tried it with my teeth, it was soft, and I told her it was bad, and laid it down—she took it up and took it away, leaving the bread—he went out crying "Bill! Bill! Bill!"—I saw her next at Kennington Lane, and have no doubt about her.
9 o'clock, the prisoner bought some heart, which came to 8d., and gave me a bad half-crown—I said it was bad—she said "Oh, dear! I hope not. I must go and tell my husband"—she took it away—about an hour afterwards she came to the front of the shop and asked the price of some meat—I served her; my wife took the money and said "This won't do; have not you a better one than this?"—my wife chopped it, and I said to the prisoner "You have been here before to-night"—she said "No"—I said "Yes; it is pretty good cheek of you to come twice in one night"—I am positive she is the same person—she said that she had not been there before—I went out to get a policeman, and she pushed past me and left—I sent my lad to watch her—she was brought back, and I gave her in charge.
JESSIE PREBBLE . I am the wife of the last witness—on Saturday night, 4th October, the prisoner bought a small piece of meat—she did not wish me to weigh it, as she was in a hurry—she said that she was not particular to a penny—the young man weighed it, and it came to 7d.—she gave me a halfcrown, which felt very light and greasy—I asked her if she had not got a better one, and chopped it in three pieces—she went away, but was brought back in custody—she offered me the money back to let her go, but I would not—I gave the three pieces to the policeman—the gas was lighted, and I have no doubt of her.
MARY KIRK . I am the wife of John Kirk, of Peckham—on 4th October, about 8. 45, I was in Mr. Prebble's shop, and the prisoner asked me to weigh a piece of meat—I did so, and she gave Mr. Preoble a half-crown—he said "This is not a good onen—she said "Give it to me, I will take it to my husband, and show him;" he gave it her, and she left—I afterwards saw her in prison, and knew her—she is the person.
JOHN TAYLOR (Policeman 436). On 4th October I took the prisoner, 150 yards from Mr. Prebble's shop—I asked her if she had been in Prebble's shop—she said "Yes," and went back with me—Prebble said "You have been here twice tonight"—she said "You make a mistake, I have only been here once"—I took her to the station—Mrs. Prebble gave me these three pieces of a half-crown, and Mr. Warman gave me this half-crown.
Prisoner's Defence. I am innocent. I am charged with being in the shop between 10 and 11 o'clock in the morning, I was at home washing then, and I can prove it. I did not go out till 12.30. I came home again, and never left till 9. 45 at night, when I went to buy this piece of meat. I did not know the half-crown was bad. There may have been a person there in the morning, but it was not me. Is it likely that if I was in the shop in the morning, and had been told my money was bad, that I should go again with another bad coin.
Witness for the Defence.
MARGARET FREEMAN . My husband is an umbrella and walking stick maker—I know the prisoner—I heard of her being taken on the same Saturday evening, I think it was 4th October—I had seen her that morning at her own home up to 11.30 or 12 o'clock, when I left, leaving her there—we were washing—I saw her again at 2 o'clock, and again at night from 8.30 to 9. 40—she went with me and my husband, who came out of the workshop about 9 o'clock—I looked at the clock in my kitchen—the prisoner
was then in my kitchen—we went' out together, and I parted with her at the top of the street at 9. 40—I am her landlady—I saw her no more till she was in custody—she has lodged with me eleven months, and is a very honest industrious woman.
Cross-examined. I knew her by her maiden name, Laura Reardon—I live at 11, Knutt Street, Sumner Road, Peckham—that is ten minutes' walk from Southampton Street, Camberwell—I know members of her family, they are all respectable.
She was further charged with having been convicted of a like offence in July, 1869, in the name of Laura Reardon, wien she was sentenced to five years' penal servitude, to which she pleaded guilty .—Seven Years' Penal Servitude.
MR. STRAIGHT conducted the Prosecution; and MR. GRIFFITHS the Defence. JAMES HAM (Detective Sergeant P). On the night of 19th April, at 11.30 p. m., I was on duty in plain clothes in Cook's Road, Kennington Park—I saw three men standing at a corner—I knew them all, the prisoner is one of them—when I first saw them he was twenty yards from the others—I kept them in sight some time—a constable came up, the prisoner then walked to the other two, and they walked in the same direction as the constable was coming from—after the constable disappeared they came back to where they first'stood, and at 12. 20 they turned into Doddington Grove—I had been in a doorway and they could not see me—I went to the corner of Doddington Grove, peeped round, and saw the prisoner on top of a wall, and the others standing at a gate which was shut and leads through the wall—I heard a whistle and the other two ran away—the prisoner jumped off the wall and tried to get away, but before he could recover himself I knocked him against the wall and broke his hat—I said "What are you doing here?"—he made no reply—I said "I shall take you in custody for loitering here for the purpose of committing a felony"—he was very violent and said "No bleeding Ham shall take me," he knew me—he struggled about twenty yards round the corner into Cook's Road—when I tried to peg him on the fence, to get better hold of him, but found it was a wooden fence, not iron—I got him against the fence, tight, and made him groan—he said "It is no use, I will go quietly with you"—I then let go his right-arm and took hold of his left sleeve to get better hold of him—I heard him grate his teeth, and at the same time he raised his right-arm up with something shining in his hand—I put up my hand to save my face, and the knife went into my knuckles—my hand bled a great deal, but I did not give way till his coat gave way, and he left it in my hand—I am sure he is the man—I had known him along time, my hand was badly cut—I went to the doctor and was off duty nearly a month.
Cross-examined. It was a fine night, it was 11.30 when I first saw them and five minutes to 12 o'clock when the wound was inflicted—I meant to stick the rails into his coat, and if they had gone into him I should have had no objection—I should like to have skewered him as you do a turkey.
THOMAS BERRY (Detective Officer P). I have had instructions to take the prisoner since 20th April—on 15th October I was again instructed to apprehend him—I told him I was going to take him for stabbing Sergeant Ham, on 19th April—he said "I know nothing about it;" he afterwards said "I know who has done this for me, it is the party as gave me three
months; I know the party who stabbed him and have been in their company; I did not stab him."
HENRY MORRIS SIMMONS . I am divisional surgeon to the police—on 20th April Ham came to me with his right hand stabbed—the bone being near the surface would not admit of a deep wound, but it would be very painful—he was off duty for a month.
Cross-examined. I do not think a nail in a wooden fence would have done it in a violent struggle—it was a clean cut wound—a hook would make a torn cut, irregular.
Re-examined. It was a wound which would be made by the stab of a knife.
GUILTY .—He was further charged with having been convicted of burglary at Croydon, in August, 1869, in the name%f Webb, to which he PLEADED GUILTY**— Eighteen Months' Imprisonment, and THE COURT ordered a reward of 31. to be paid to Ham.
MR. LANGFORD conducted the Prosecution.
SUSANNAH SAWYER . I live at No. 1, Artillery Place, Woolwich—on Tuesday morning, 28th October, I was walking in the Borough between 1 and 2 o'clock—the prisoner came up to me and said "Good night, dear; are you going for a walk?—I said "I don't mind"—we went down the Borough, and through Suffolk Street—we turned again into the Borough, and when we got there, he suddenly struck me in the face, and snatched my purse out of my hand—it contained a 2s. piece, a farthing, a pawnticket, and three songs—I have not seen it since—he struck me in the face, and thinking he was going to hit me again I put my hand up—he tried to strike me a second time, and I found my earrings were broken—I then cned out "Police!" and ha ran round the corner and got away—the policeman came up and I made a complaint to him—I never saw the prisoner before—I saw him about an hour and a half afterwards—the policeman brought him to the Glass House in the street where he struck me—I am sure he is the man—he had no waistcoat on, he told me so while he was walking with me—he had a kid-glove on his left hand (glove produced)—that is the glove.
AUGUSTUS FLINT (Policeman M 26). Last Tuesday morning I was on duty between 1 and 2 o'clock in Lant Street, Borough, near William Street—I heard cries of "Police!—I came up and saw the prosecutrix, she was crying, and she made a complaint to me—I looked about with my lamp for a short time to see if I could see her purse—I could see nothing of it, and about an hour and a half afterwards I saw the prisoner in William Street—he was roving about, very drunk—I turned the lamp on him and saw that he answered the description that the female gave—he had one glove on and no waistcoat—I took him to the woman, I turned the lamp on him, and she said "That is the man"—he pretended to be very drunk, and did not take any notice at all of her—he walked very well to the station.
By a Juryman. There was a bruise about the size of a sixpence on the woman's forehead—he was not really tipsy; he was quite sober—prisoner threatened her, and said "If I get seven days for you, I will settle it with you; but I won't pay you with money"—at the station he denied seeing her at all—I found 61l. 2d. on him—the purse was not found.
Police Constable M 26, stated that the Prisoner had been charged with administering a noxious drug to a young girl, but she being afraid to appear, lie was discharged. Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. GRIFFITHS conducted the Prosecution and MR. RIBTON the Defence. FRANCIS GEORGE FLEURY. I am a civil engineer, and live at 24, Merrick Street—about 11. 15, p. m., on 25th September, I was near London Bridge—I had about 12l. in gold and silver in my pocket, and a silver watch and gold chain—I was going towards the Borough, from London Bridge, when the prisoner seized me by the throat, underneath a doorway, and my head was thrust violently up against the wall, and in the meantime he picked my pocket; a cab was passing down the street at the time—I called the cabman and said something to him, and he went after the prisoner—I got into the cab, and the prisoner was afterwards brought back to me by a policeman—I lost 7l. 10s. in gold, and my watch and chain—I saw this portion of the chain produced before the Magistrate—it is my property—I was injured about the back of the head, and my throat was a good deal bruised—if it had not been for the cabman, I don't know what I should have done.
Cross-examined. The difference between the 7l. 10s. and the 12l. was left in my pocket—it took place just against the railway arch, going across the Borough, it was not on London Bridge—I was quite sober—it is a mistake if anyone has said I had been drinking—I had never seen the prisoner before, and it was all done in an instant—the cabman was just passing, and the prisoner struggled along with me to the cab instead of running away he followed me on to the cab and struggled with me—I was going home.
Re-examined. I tried to escape from the prisoner—I have not the slightest doubt he is the man.
JOHN COLE . I am a cabman, and live at 9, Bermondsey Buildings—on the night of 25th September, I was coming down the Bridge, about 11. 40 towards High Street, Borough—the prosecutor and prisoner were in a door-way—the prosecutor hailed me, and I stopped; he held the prisoner and came against the wheel, the horse moved and the gentleman got on the footboard, and the prisoner got on, too—some money dropped, and the prisoner jumped down and went round the back of the cab—the prosecutor said "Cabman, I am robbed"—I went after the prisoner, and caught him in the middle of the market—I threw him down and held him till a constable came up and took him—I did not lose sight of him—I was close to him, and there was no one about—I found the prosecutor in the cab when I came back, with the door shut—I asked him if he had picked up the money—he said no, he was in there, and he intended to stop there—the prisoner and I were both on the ground when the policeman came up.
Cross-examined. The prosecutor was in liquor—I said, before I was on my Hansom in High Street, Borough; it was about 130 or 150 yards from the Bridge—after the prosecutor called me, the prisoner went on following him towards the cab, then he jumped on the pavement and went round the cab—the gentleman told me he was robbed, and told me to go after him—I saw no violence used; if I had I should have got down and used some towards him.
FREDERICK SMITH (Policeman M 193). I was called to the Borough Market, and saw the prisoner and the last witness on the ground—I went up and helped the cabman up, and detained the prisoner until the arrival
of another constable—we then went back to the cab, and found the prosecutor inside—he was under the influence of drink—he complained of his throat and the back of his head—I afterwards saw the prisoner searched—he said he did not do it.
GEORGE STENT (Policeman M 188). I assisted Smith in taking the prisoner to the station—I searched him and found on him four sovereigns, nineteen shillings and a half-penny, and this piece of chain was in his left hand coat pocket.
The Prisoners Statement before the Magistrate: I was the worse for liquor or I should not have done it; I never handled the man.
The Prisoner received a good character.
GUILTY .— Eighteen Months' Imprisonment.
THE COURT ordered Cole a reward of 21.
Before Mr. Common Serjeant.
MESSRS. BESLEY and SIMS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ALFRED APPS . I am a manufacturing optician, at 433, Strand—this galvanic battery, coil of wire, and these electric torpedoes are my property, and were stolen from the private entrance of my shop on the 8th July, between 11.30 and 11. 45—they were packed ready for sending off.
Cross-examined. I have given evidence in this case before, when the Jury were unable to agree—John and Emily Lucy were convicted.
WILLIAM PUTTOCK (Detective Policeman). On 10th July I went with Neville, another detective, to 94, Guildford Street, Southwark—we followed Rabout and Whyle into the house, to the back room on the first floor—the door of the front room was shut, and they were in the back room—I asked them whether they lived there—they said no, they had come to see a friend—we asked who their friends were—they said they were in a little bit of trouble—I told them we had come to search the house—soon after that Emily Lucy and Hephzibah Hill, that is Mrs. Warner, came in—I asked them who occupied the room—Mrs. Warner said "I do"—Neville opened the door of the front room, and we searched it and found this coil of wire and the battery—I asked Mrs. Warner how she came in possession of that; Rabout, Whyle, and Emily Lucy were there—Mrs. Warner said "Some strange man must have brought it here"—I searched a box in that room and found a quantity of duplicates; I also found this handkerchief on searching the box again at the station—there were twelve duplicates altogether, that includes some which were found on the shelf as well as in the box—I saw a box of Huntley & Palmer's biscuits in the room, some wearing apparel, and pocket-handkerchiefs, marked "C. W. S." Captain Steer's initials, an album and a writing case, with some loose photographs in it.
Cross-examined. This is the third time I have given evidence—the other prisoners were found guilty—the duplicates were all found in the front room, not in the room where the prisoner and Whyle were—Mrs. Warner said they all belonged to her—Rabout was a keeper at a lunatic asylum, and so were Whyle and Parsons—Parsons was in custody, and he has also been convicted—Warner was also in custody at that time.
Re-examined. The charge on which Parsons and Warner were convicted had nothing to do with this matter—they pleaded guilty to another burglary—there was a box in the back room which had contained biscuits, that was half full of coals.
BENJAMIN FILEMAN . I am a pawnbroker, in Union Street, Borough—I produce a ticket, No. 1, 127, for a coat, and pawned on 30th June, for 8s., which I took in pledge from a woman—I also produce the corresponding duplicate, 7, 996, which refers to a serge jacket; also the corresponding ticket, 91, which refers to a pair of coloured trousers and vest, pawned on 1st July, 1873—these are the articles—I produce a ticket of 2nd July, 558, referring to this pair of trousers—this electric exploder was offered in pledge by the prisoner—I could not tell you the day—it was between 12 and 1 o'clock—he wanted 30s. on it—it was not taken—I did not care about it.
WILLIAM MOREDALE . I am manager to Messrs. Bowman, pawnbrokers, 209, Blackfriars Road—I produce this electric exploder and a corresponding ticket, 943—it was pledged on 8th July, about 1 o'clock, by the prisoner—I asked if it was his own, he said "Yes"—I gave him 10s. on it—he gave the name of John Williams, 30, Charlotte Street—it was wrapped in this handkerchief—he came back in about an hour or an hour and a half, and wanted the wrapper back—I had to produce the pledge, and be paid 21 1/2. for that—I gave him the wrapper, and he took it away—this is the wrapper.
Crow-examined, I charged him a month's interest for fetching the thing from the shelf—that is in accordance with the pawnbroker's rules.
THOMAS NEVILLE (Detective Policeman). I went with Puttock, on 10th July, to 94, Guildford Street, and took Rabout and Whyle—I produce a watch and case and some of the tickets, and a number of handkerchiefs marked "Steer"—I was present when the other things were found.
REBECCA MORRIS . I am the wife of Joseph Morris, a pattern-maker, and live at 94, Great Guildford Street, Southwark—I let two unfurnished rooms to two women, whom I now know to be Mrs. Lucy and Mrs. Warner, on the last day of June—they came in the following Monday, three days before the police came and took Rabout—the woman came on Monday morning, between 9 and 10 o'clock—the prisoner came the next day about dinner time—he had nothing with him—I did not see him go out—I did not see him again that day—there were people in and out of the house, but I did not see who it was—I saw him on the Thursday, when he was taken.
Cross-examined. Mr. and Mrs. Lucy lived there as man and wife.
JAMES WILLIAMS . I keep the Arundel Hotel, in the Strand—a portmanteau was stolen on 28th June, belonging to Captain Steer, who has gone to Jamaica—I had seen these photographs in his possession—I recognize the album, the blue jacket, and coloured trousers and vest, the silver watch, and other articles, as his property.
WILLIAM SPICER . I am assistant to Frederick Folkard, pawnbroker, 160, Blackfriars Road—I produce a ticket referring to a pair of boots pawned on 30th June, for 6s., in the name of John Steele, 6, Charlotte Street; also some shirts and drawers pawned the same day in the name of William Potter, and a silver watch pawned on 5th July, for 2l., in the name of John Hunt, Gravel Lane.
June, referring to a pair of trowsers and vest, and also one of 4th July, referring to a shawl, pawned in the name of John Scott, of Charlotte Street—to the best of my belief the prisoner was the person who pledged that shawl.
Cross-examined. I would not swear that it was the prisoner.
THOMAS LEMON . I am assistant to Mr. Joseph Clark, pawnbroker, 55, Long Acre—I produce a tioket, No. 260, whioh refers to the pawning of two shirts and a pair of drawers on 2nd July, in the name of James Steer, for 3s.
JOHN HURD . I am assistant to Mr. Lawley, 222, Blackfriars Road—I produce an American dial, which was pawned for 5s. at our place on 8th July, by a man who gave the name of George Scott, 21, Charlotte Street.
HENRY AUTONBRING . I am hall porter and steward at Dr. Sabine's establishment for insane persons, Northumberland House—Rabout was also in the same service—he left on 16th April, 1870—I identify this travelling rug and overcoat as Dr. Sabine's property—they were lost on 5th April—the place was entered between the 4th and 5th—about thirteen or fourteen great coats were also taken.
Cross-examined. Whyle was also a servant there.
BENJAMIN TOWNSBND . I am assistant to Mr. Joseph Chapman, a grocer, of 182, High Hoi born—I have identified two boxes, one of them full of biscuits, which was stolen from our premises on 2nd July—I am able to speak to the boxes from marks upon them.
ANN LEEMING . I am a widow, and live at 216, Tottenham Court Road—I am matron to the North London Consumption Hospital—I identify this clock, it is the property of the Hospital, and was stolen from the sitting-room on 8th July.
GUILTY .— Judgment respited.
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. HARRIS conducted the Prosecution; and MR. METCALFE Q.C., the Defence.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
700. ROBERT WILLIAM ROBERTS (48) , PLEADED GUILTY to four indictments for stealing a mustard pot and other articles of William Spiller, a China card-basket and other articles of Richard Emblen, two coffee-cups and a basin of Thomas Warren, and a watch and other articles of Sarah Hatton.— Eighteen Month Imprisonnent The constable stated that there were about forty cases against the Prisoner.
Before Mr. Justice Honyman.
MR. GLYN conducted the Prosecution. The prosecutrix was of rather weak intellect, and the prisoner's acts, though frequently repeated, could not be traced to the time when she was under twelve years of age. THE COURT therefore directed a verdict of NOT GUILTY .
ADJOURNED TO MONDAY, 24TH NOVEMBER, 1873.