CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 24TH, 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.
SESSIONS I. TO VI.
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, November 24th, 1873, and following days,
BEFORE THE RIGHT HON. ANDREWLUSK, M.P., LORD MAYOR of the City of London; SIR JOHN RICHARD QUAIN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; SIR ROBERT WALTER CARDEN , Knt., SIR BENJAMIN SAMUEL PHILLIPS , Knt., and ROBERT BESLEY , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; WILLIAM JAMES RICHMOND COTTON , Esq., THOMAS SCAMBLER OWDEN, Esq., WILLIAM MCARTHUR , Esq., M.P., and JOHN PATTERSON , Esq., 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.
LUSK, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLE SEX CASES.
OLD COURT.—Monday, November 24th, 1873.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution, and MR. F. H. LEWIS the Defence.
JOHN MASON . I am a warehouseman, in the employment of Julius Quitman, a dealer in silk, of 19, Castle Street, Falcon Square—I hate been in the service seven or eight years—the prisoner came into the service some time in January, this year, as town traveller—it was his duty to obtain orders for goods and to wait on the customers of the firm—he was entrusted with sample pieces of silk—before taking them out, a memorandum would be made in the books of the firm of what he received—if I was in he would tell me what he took away; if not, he usually wrote it on a slip of paper before a new customer could be supplied, he had to submit the name to Mr. Quitman, and inquiries were then made—he was not allowed to buy silk—Mre. Ellis, of 46, New North Road, was not a customer of the firm somewhere about the latter part of March I missed a piece of silk 32 yards in length, at 4s. 9d. a yard—I spoke to the prisoner about it; that must have been after the 31st—I told him I had missed it, and asked if he had sold it—he said he had taken it away as be went home one evening, and had left it with a party, but that he had not agreed to keep it yet—I asked him about when that was, he named a day, and I put it down then as the 18th—there had been no entry made of it in our books—he has never paid for it, nor has Mrs. Ellis—Mr. Jardine is a customer of ours—on 22nd April there is an entry of three pieces of silk to him, No. 10,087, 84 yards, at 6s. 6d.; No. 10,054, 101 1/4 yards, and No. 10,059, 98 3/4 yards, at 4s. 8d.—on 15th May we sent Mr. Jardine a memorandum order to return those three pieces by bearer—we reoeived the two last with a message—I saw the prisoner afterwards the same morning, and said to him "I have sent in for those three pieces to Mr. Jardine, he has sent back two, and says that you had the other one"—the prisoner said "Oh, that is all right;
he wants to keep it a bit longer, he thinks he can do with it; don't send in for it again, yet"—he left our service somewhere about 24th May—up to that time I had not seen the silk, or been paid for it—this receipt (pro duced) I believe to be the prisoner's writing; it is dated the 13th May; it refers to the 84 yards sent in on 16th March.
Cross-examined. I did not enter the 32 yards to the prisoner to charge him with it, I merely put it down in this rough scrap-book—I did not ask him with whom he had left it on approbation; I know now that it was left with Mrs. Ellis—the prisoner was entitled to take out goods if he stated where they were going—we had a porter of the name of James Hunt, to whom he could communicate that, when I was not there; Hunt has left us—I believe he was there at that time; he had nothing to do with making entries—if the prisoner took out goods and received the money it was his duty to hand it to the cashier—the entries with regard to the three pieces left with Jardine are correct—I did not give him goods to take out; he used to take them from the fixtures, stating where they were going; he gene rally did that before he went out—he had no trap; he walked—I did not make any note of the conversation on 15th May—I did not doubt what the prisoner said at the time—Mr. Jardine is still debited with the missing piece—we do not know where it is.
ALICE ELLIS . I am a widow, and live at 44, New North Road—I have known the prisoner five or six years—some time in March he was showing me some patterns, and I asked him if he could get me a piece of silk—he said he could—I told him I could not pay till June—he brought it me three or four days afterwards—I asked him the price—I am not certain whether he said 4s. 9d. or 4s. 10 1/2 d., he said I could have it at 4s. 9d., and I was to pay him on 20th June—he did not leave any memorandum with it—I knew he had obtained the silk from his employer, Mr. Quitman, he told me so; he said he was traveller, or salesman for the firm—I gave 32 yards of it to my dressmaker to make up; one dress was made for my sister, and one partly made, which I gave up to Mr. Brett—it was to be made for the boat race, but unfortunately I had a little trouble, and she was told not to go on with it, and I asked the prisoner if it would make any difference to Mr. Quitman if I paid on 29th September; he said be dared say that would do—that was about the end of June—I asked him for the invoice, and he said when I paid Mr. Quitman I could have the bill and receipt, it mattered not who I paid, Mr. Quitman or himself—I did not tell him not to give my name to the firm.
Cross-examined. I do not carry on any business, I am independent—he told me at the time he sold it that I could pay either him or the firm—he told me so in June; I can't recollect his telling me that at the time he sold it; he might have said that he was getting it for me at the cost price.
ALFRED GBORGE JARDINE . I am a cloak manufacturer, of 22, Castle Street, Falcon Square—I have dealt with Mr. Quitman for silk—in March or April the prisoner called on me, and showed me some samples of silk—towards the end of April or the beginning of May, a piece of 84 yds., at 6s. 6d. a yard, was delivered to me, and subsequently two other lengths of 101 1/4 yds. and 98 3/4 yds. at 4s. 8d.—I saw the prisoner on 13th May, the date of this receipt—I wrote it and he signed it—he signed for one piece, the 84 yds. at 6s. 6d., the other two pieces were subsequently returned to Mr. Quitman, and I have never seen the 84 yrds. since the prisoner took it away—I have not had it.
Cross-examined. I have known the prisoner twenty-five years—he has held some very responsible positions in first-class houses—he has always borne a most respectable character—I should think he has been full forty three years engaged in the same kind of business.
Re-examined. I have not seen him during all the twenty-five years, orobably there was a lapse of eight or ten years, and after that he was epresenting Mr. Quitman at the begiuning of this year.
JULIUS QUITMAN . I am a silk merchant, of 19, Castle Street, Falcon Square—in January, this year, I engaged the prisoner as town traveller at 3l. a week—I knew nothing of Mrs. Ellis until after he left my service, which was about 20th of May, nor did I know of the 84 yds. of silk being returned to him by Mr. Jardine—I found it oat afterwards—I have never seen that piece of silk since—I made some inquiries of him about it in June, and he said he had sold it to a party at Kingston, but he never gave me the name, and I never could find out—I have no customer at Kingston.
Cross-examined. I wrote to him in June asking him for an explanation, and he came on—I wanted to know where the piece of silk was—I don't know whether I wanted the silk or the money—I did not ask him for either the silk or the money—I asked him what had become of the two pieces of silk, and he said one piece he had sold at Kingston and the other piece he had sold to a Mrs. Ellis—I don't recollect asking him the name of the person at Kingston—I don't recollect saying anything about the money—it is the course of business to have either the goods or the money, but he had no business to sell goods without our sanction, without their being in voiced from our counting-house.
Re-examined. This is the letter I wrote to him. (Read: "1st July, 1873. Sir,—Unless you give us entire satisfaction for the two pieces of silky 2 o'clock this afternoon, we shall instruct our solicitor to take legal proceedings against you") The two pieces of silk referred to in that letter are the 32 yds. of Mrs. Ellis' and the 84 yds. of Mr. Jardine's—I think after that I at once put the matter in the hands of my attorney.
HENRT CHARLES BRETT (City Detective Officer). I took the prisoner into custody on 21st August—I told him it was for stealing about 32 yds. of silk and about 84 yds.—he said the 32 yds. he bad sold to a Mrs. Ellis, and the 84 yds. he had sold, but he did not say to whom.
GUILTY on Second Count. Strongly recommended to mercy by the Jury on account of hie age and previous good character. — Four Months' Imprisonment.
MESSRS. BESLEY and HOLLINOS conducted the Prosecution; and MR. STRAIGHT the Defence.
NOT GUILTY .
MR. RIBTON, for the Prosecution, offered no evidence, the Grand Jury having ignored the Bill.
NOT GUILTY .
4. MARY RIVERS (26), WILLIAM ANDERSON (28) , unlawfully attempting, by false pretences, to obtain from William Harris 9l. 19s. 4d., with intent to defraud. Second Count—Conspiring to defraud George Absell of his moneys.
MESSRS. POLAND and GREENS conducted the Prosecution; and MR. MEAD defended Rivers.
Billet public-house, in Shadwell—on the afternoon of 6th November I was serving in the bar—I saw the prisoners there—Rivers asked for a half quartern of brandy—I served them—Anderson took a piece of paper out of his pocket and said something to Rivers which I did not hear, and she said "That is good enough, put it in your pocket, you have just got it from the office"—she called for a glass of ale—Anderson asked what was to pay—I I said "Eightpence"—He pulled out a handful of silver and copper and put it back again, pulled out the piece of paper and threw it across the counter to me—I opened it, it was doubled up, and I said "I can't change this for you, unless silver will do"—Rivers said "Change it if you can, I want some, money"—by this time I had the note open—I said "This is a peculiar looking note," and I took it to Mr. Abseil—this (produced) is like the note—Mr. Abseil followed me into the bar, and I asked Anderson where he got it from—he said "The Home"—I said "What Home?"—he said "The Sailor's Home"—I asked him if he took it for a good one, and he said he did—Mr. Abseil asked him the same questions, and received the same reply—the note was returned to him, and they drank up and went out.
Anderson. I was drunk; I did not know what it was. Witness. He did not appear to be at all intoxicated.
JOHN CRITTENDEN . I keep the North Pole, in Sutton Street, about three minutes' walk from Mr. Absell's—on 6th November, about 4 o'clock in the afternoon, the prisoners came and another woman—they called for a half quartern of brandy and a glass of ale—Anderson took a piece of paper from his pocket and gave it to Rivers, and she handed it to me—I looked at it and held it up to the light, and saw there was no water mark on it—I gave it to her back and said "It is a duffer; I don't understand this kind of note"—she held it up herself, and said to Anderson "Why, it has got no water-mark on it; where did you get it from?"—he said he got it from the Home—he put it in his pocket—they drank their brandy and ale, and went out—Anderson paid with a florin—I believe this is the note—I saw it was not a bank note.
Cross-examined. Rivers was not intoxicated at all, nor was the man.
WILLIAM PYE (Policeman K R 14). On 6th November I was off duty and in plain clothes at the Crooked Billet—I saw Anderson, Rivers, and auother woman there—I saw a note passed over the counter, and heard Anderson say he got it from the Home—when they left the house I fol lowed them to the North Pole public-house, and went into a different com partment and heard what passed—I afterwards saw them in a cab—I went up and said to Anderson "1 am a constable of the Metropolitan Police, and you have a flash note here"—he said "I don't know what you mean"—I said "Oh yes, you do; no nonsense about it"—he said "Is that what you mean?"—he undid his coat, and produced two notes from his pocket—I said "Here are two"—he said "Oh, is there?"—I got assistance and took him to the station—he said a Mr. Marney gave it to him—at the station, before the acting inspector, when the charge was read over, he said he got it from the Home when he was paid off that day.
Cross-examined. I know the female prisoner—I believe her to be a pros titute—I can't say whether she knew me—I have been on duty in that part for years:—the prisoners were perfectly sober.
RICHARD HONEYSETT (Police Sergeant E 1). On the afternoon of 6th November the prisoners were brought to the station, and another woman who was afterwards discharged by the Magistrate—I asked Anderson how
he became possessed of the notes—he said he was paid off and had received them from the office; if they were bad ones he knew nothing about them—the woman said "If you knew they were bad ones You are a very bad man to bring us into this"—he said "I did not know; if they were bad ones somebody must have put them into my pocket"—they were all perfectly sober.
GEORGE SWAIN . I am a clerk in the Mercantile Marine Office in Poplar—on 6th November I paid Anderson 6l. 16s.; a 5l. note and the rest in gold and silver, in respect of wages due to him—he was in a ship called the Royal Dane, shipped from Brisbane to London—he is a volunteer in the Naval Reserve besides—I think this (a good note produced) is the note I paid him with.
HBNRY BAILEY . I keep a lodging-house at 235, High Street, Shadwell—on 3rd November Anderson engaged a bed at my house, and lodged, there up to the 6th—on that day he gave me a 5l. note to pay for the rent—this is the note—I did not give him the change—his lodging did not come to 5l., but it is the general use to give it to the boarding-master—we act as bankers.
Anderson's Defence, "I address you in writing because of the impede ment in my speech. I am guilty of presenting the note—that is all I know about it I was in drink the same day as I was paid off from my ship; it was put in my pocket outside the Sailor's Home, as far as I can recollect. The female prisoner knows nothing of it, I only called her in to have a drink. I hope you will look into the case and give me justice. I have been going to sea fifteen years. I was never in trouble before. I have told the truth, all I know about it."
THE COURT considered therewas no case against RIVERS— NOT GUILTY .
ANDERSON— GUILTY . Six Months' Imprisonment without Hard Labour.
NEW COURT.—Monday, November 24th, 1873.
Before Mr. Common Serjeant.
The prisoner was further charged with a former conviction of a like ofence.
JOHN DANES (Policeman F 198). I produce a certificate—(Read: "Central Criminal Court, December llth, 1871. James Bouvier convicted of unlaw fully uttering counterfeit coin—Eighteen Months' Imprisonment)—I was present—the prisoner is the person.
GUILTY.—(See next case.)
MR. COLERIDGE conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Steer.
MR. M. WILLIAMS called JAMES BOUVIER. I am thirty-five years old, and have always looked upon the prisoners as man and wife, and as my father and mother—I produce this marriage certificate, which I got from my mother's box—I have uucles
who are brothers of hers—her maiden name was Pomeroy—my father's name is James Bouvier.
Cross-examined by MR. COLERIDGE. I have never heard her state she was not married to my father—I have a brother four years younger than me—I have been in the habit of living about where my father and mother lived all my life.
STEER— NOT GUILTY .
7. GEORGE MITCHELL (33) , PLEADED GUILTY ** to stealing 12 lbs. of coffee, 20 lbs. of sugar, 12 lbs. of currants, and other articles, of Joseph Hudson, his master, having been before convicted in December, 1865— Eighteen Months' Imprisonment.
8. ARTHUR BILLINGS (19) , to stealing twenty five ostrich feathers of Edward James Steele and another, his masters, who recommended him to meroy— Four Months' Imprisonment. [Pleaded guilty: See original trial image.]
10. HENRY ALFRED SMITH (24) , to stealing, whilst employed in the Post office, a post letter containing property belonging to H. M.'s Postmaster General; also to unlawfully delaying and detaining a certain post-letter— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
11. DAVID RILEY (17) , to destroying, whilst employed in the Post-office, two post letters, the property of H. M's Postmaster-General— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
12. HENRY MANN (15) , to stealing, whilst employed in the Post-office, a letter containing a memo randum book, the property of H. M.'s Postmaster-General — Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.] And
MR. SIMS conducted the Prosecution; and MR. F. H. LEWIS the Defence.
JOHN HENRY MILLER . I am clerk to Carr, Scott, & Co., warehouse men, of 8, Cannon Street—on 15th October I paid 4l. 5s. 10d. in cash to a person who receipted this bill (produced)—I am not certain of the prisoner—I paid the same firm another account of 8l. 7s. at the same time.
THOMAS ROPER . I am one of the firm of Roper, Reissmann, & Co., 29, Watling Street—the prisoner was in our employ three months—it was his duty to collect moneys for the firm when sent, and to pay them over to us—on 15th October he paid me 8l. 7s. from Carr & Scott, but he did not pay the 4l. 5s. 10d.—I do not know the date, but I aftewards sent him again for the account, and he said that it was not to be paid till the following Tuesday—I went myself, found that it had been paid to him, and gave him in charge the same day—he said, in German, "I am very sorry, I meant to have replaced it—it has been paid to us since I gave him in charge.
Cross-examined. He did not say that he had used it for the purpose of his marriage—his friends came forward and paid it.
HENRY REISSMANN . I am in business With Mr. Roper—the prisoner has not paid me this amount—on 27th October, the day he was given in charge, he said that he was very sorry for it; he intended to repay the money later, when he had some money—we received the money three or four days after giving him in charge—I made no promise not to prosecute him—we refused the money two or three times, but they pressed it upon us.
Cross-examined. The prisoner said that he did not intend to cheat us out of it—he had used it for the purpose of getting married—he was married
about that time—I said in German that we gave him in custody as an example to others in our employment—I do not want to press the case against him particularly, only as an example.
NOT GUILTY .
MR. COLLINS, for the Prosecution, offered no evidence.
NOT GUILTY .
OLD COURT.—Tuesday, November 25th, 1873.
Before Mr. Recorder.
Twelve Months' Imprisonment.
17. ROBERT NEWTON (44), and JAMES HICKLEY (60) , Stealing 87 stoves, 28 metal ranges, and other goods, of Edward Stratton Batchelor rind another, the masters of Newton. Second Count—Charging Hickley with receiving.
MESSRS. BRSLEY and ST. AUBYN conducted the Prosecution; MR. MEAD defended Newton, and MR. MONTAGU WILLIAMS Hickley.
SAMUEL LING . I am a carman, of 1, Yeoman's Terrace, Deptford—in the first or second week in June I was engaged by Hickley to go to 222, Upper Thames Street, and fetch acme stoves and iron—I went with an empty van about five or ten minutes before 7 o'clock in the morning—I had a note in an envelope which I gave to one of the men in the warehouse—I saw a man there much resembling Newton, but I could not swear to him—I believe that was the man to whom I gave the envelope, but I should not like to take an oath to it—I brought away some sash weights—I could not say how many, about 5 cwt or 6 cwt.—I took a portion of them to a place called Forest Rope Ground, near the Holly Tree, Berraond sey—I there saw Hickley, and he went along with me and helped me unload at the new buildings, the rest I carried to his house, 14, Robertson Place, Lower Road, Deptford—they were laid down in his front garden—I received an invoice at the warehouse, which I gave to Hickley—a week or eight days afterwards I went again to Thames Street, about the same time in the morning, and brought away about the same quantity of the same goods, sash weights and iron bars—I saw the same people there—I saw that man (Newton) there, but I could not positively swear he was the man I gave the note to—I saw two men at the warehouse—I delivered some of those sash weights, I don't know the name of the road, but just at the back of the Manor public-house, Bermandsey, and the remainder I took home—I saw Hickley after I had got my load, and he went with me when I delivered the goods; it was not the same place where I delivered the others.
Cross-examined by MR. MEAD. I feel confident that Newton is the man I saw the second time.
Cross-examined by MR. M. WILLIAMS. I did not know Hickley before this job, and I never knew his name till after he was in custody—I took a
portion of the load to his own house—he was fitting up some houses with stoves and ranges and sashes.
DANIEL CLARK . I am a carman, of 13, Portland Terrace, Deptford Lower Road—about June Hickley employed me to go to 222, Upper Thames Street—I went with a horse and cart between 7 and 8 o'clock in the morning—I had a paper with me—I believe I only saw two, men at the warehouse, one was a short man—Newton is like one of the men, but I can't swear to him—I gave up the piece of paper, the things were brought out to my cart and I loaded them; they were parts of stoves and sash weights; it was not above 3 cwt. or 4 cwt—Hickley was not there during the time I was loading—I took them to Buckley's house, 14, Robert son Terrace—about a week after I went again, by Hickley's direction, to 222, Upper Thames Street, between 7 and 8 o'clock in the morning—I saw a man in the office—I delivered my order to him, and he delivered the goods to me—I believe it was the same person I had seen before, still I am not certain; it was a short man—I only saw two persons on the premises that morning—parts of stoves and some sash weights were brought out and put into my cart, about the same weight as before, and I took them to Hickley's house—I went again three or four days or a week after, by Hickley's direction, with a paper—I saw a short man, I believe the same I have spoken of—I delivered the paper—I only saw two persons—some stoves were given to me, and I believe three or four coppers or iron boilers—I took them to Hickley's house—Hickley did not go with me on either occasion—I saw him when I got to his house; the things were unloaded in the front of his house—he paid me on each occasion.
LUKE WILLIS . I am a carman at Rotherhithe—about August last I was employed by Hickley to fetch a load of stoves from Thames Street, I don't know the date—I went to Messrs. Hutchinson's warehouse with a bit of paper—I got there between 7 and 8 o'clock in the morning—I saw two or three men there—I think Newton was one of the men—they put the things in my van—I took one load to Aspenden Road, near Blue Anchor Road, Jamaica Level—I don't know whether that was the first or the second load—some new houses are being built there—I saw Hickley there, and he paid me for the cartage—about a fortnight afterwards I received another order from Hickley to go to the same place for another load—I am not sure whether he went with me on that occasion, or whether I took the order—I went about 7 o'clock—I saw the same men there, and the van was loaded as before, with the same sort of goods—I took that load to Hickley's house, and he paid me—some little time after, I received another order to go to Hutchinson's warehouse—I can't recollect the time, because I did not put it down; I think it was about the same interval as between the first and second journey—I went with directions from Hickley—I think I saw the same men—my van was then loaded with sash weights, I think—I took them to Hickley's house, and he paid me—I did not sign any ticket at the warehouse on either occasion.
JOHN BOLTON . I am a carman, at Whitford Terrace, Lower Road, Rotherhithe—one evening, early in June, Hickley came and asked if I could do a job for him next morning, to go and fetch a load of stoves and ranges from Upper Thames Street, and I was to be there at the time they opened, about 7 o'clock—I went next morning, and got there about 6. 45; the warehouse was not open—Hickley went with me—it was about a quarter of an hour before I saw anyone else; I then saw two of the warehousemen—I
did not notice how the premises were opened—I did not take much notice of the warehousemen—my load was stoves and fittings, about a ton weight—Hickley remained there the whole time—I did not sign any book or paper—when I was loaded, Hickley told me to go on—we went over Black friars Bridge, across the Borough to Rotherhithe, to some new buildings—Hickley had come to my place in the morning, at 5. 45, and knocked at the gate as I was harnessing my horse, and he got in the van and want with me—after we got about half-way up Thames Street, he said "Pull up, and I will get out here," and ho got out and walked the rest of the distance along side the van—I lost sight of him for about a quarter of an hour; I suppose he went to see about the men, as they were not there; as soon as the ware house was unlocked he told me to pull over the way—I had lent my van to a Mr. Cowland before that.
THOMAS JAQUES . I am a carman—in July last I was in the service of Mr. Taylor—I was ordered by him to go to Thames Street—I got there a few minutes before 7 o'clock—I don't think the warehouse was open; I waited till it was open—I then saw a man that loaded me, Newton is some thing like the man, but I can't say—my wagon was loaded with sashs weights—Hickley was not there—I took them to Hickley's house, 14, Robertson Terrace—some little time after I went again to the warehouse, by order of my employer—I saw, I think, the same two men—I had a few sash weights then, and I think a few stoves, and took them to Hickley's house—some little time afterwards I went again; on that occasion I believe: Hickley went with me—we got there about the same time in the morning—I was loaded with a few sash weights, a few iron pallisades, and a few pipes—I took them to Hickley's house—I don't recollect how either of the men at the warehouse were dressed; I think one had a paper cap on—I did not sign any paper on either occasion—some little time after the third occasion I took a load of water-pipes from Hickley's house to Camberwell Green—Hickley went with me.
SAMUEL LING (reexamined). One evening in the middle of July, I took a load of things from Hickley's house to Chislehurst—I afterwards pointed out that place to Mr. Hutchinson—I also took some water-pipes from Hickley's place to a place in the Old Kent Road; I think the name is Burton; and I also took some sash weights from his place to Peckham and Brixton; they were the same description of things that I had taken from Upper Thames Street.
EDWARD DAVISON . I am a builder, at 1, Keaton Road, Bermondsey—I have been building some houses in Aspenden Road, Rotherhithe—I know Hickley—I have bought property of him on four different occasions—these are the four invoices and receipts he gave me—they describe the goods and the prices—the total amount is 23l. 12s. 7d.—the dates are 5th Jury, 12th, 23rd, and 24th—the stoves and ranges were fixed in Aspenden Road, at Nos. 19, 21, 23, 25, 27 and 29—they are adjoining houses.
Cross-examined by MR. M. WILLIAMS. I gave rather more than the ordi nary price for some things, and some rather lower, but taking one with the other, and considering I paid cash and no discount, it was about the price we could buy them at—they were articles that could be bought at any place in London—I have got two elliptic stoves fixed in some of my houses that the prosecutors identified as coming from them, and they came from Mr. Eddowes, in the Kent Road.
Re-examined. I did not understand that they had been sold by the prosecutors to Mr. Eddowes—I know I bought them of Mr. Eddowes.
JOHN HOWARD . I am a builder, of 23, Park Terrace, Bermondsey—I bought on three occasions of Hickley some stove metal, which was after wards put together—these are the three invoices and receipts, describing the goods and the prices—I gave him the money first to buy the metal with—the dates are 4th and 23rd September, and 7th October, and the amount 10l. 7s. 6 1/2 d.—the goods were used in the buildiugs 52, 54, and 56, Ray mouth Road, Bermondsey.
Cross-examined by MR. M. WILLIAMS. I had known Hickley before—I could have saved three half-crowns of the amount by buying at other places—I gave more than a fair price, and I have receipts in my pocket to prove it.
ABRAHAM ADAMS . I am foreman to Mr. Cowland, a builder at Notting Hill—he has been building some houses at Kingsbridge Terrace, Deptford Lower Road—on 6th June a number of stoves were delivered there; Hickley came with them and a carman—this is Hickley'a receipt for the money—5l. was paid on account on 7th June, and 8l. 16s. 8d. on 9th—the stoves were fixed in the shops at 1, 2, 3, and 4, Kingsbridge Terrace.
Cross-examined by MR. M. WILLIAMS. We bought in the usual way—my master gave me the order to give to Hickley—we gave a fair price, the same price that we could have bought them at anywhere else, or we might even have got them a little cheaper.
RICHARD HARLAND . I am a builder, at White Horse Hill, Chislehurst—in July I bought of Hickley forty 30-inch ranges, registers, elliptic stoves, and two 8-gallon coppers—this is the invoice—I never knew Hickley before—a carpenter who worked for me recommended him, and he came to me.
Cross-examined by MR. WILLIAMS. I bought of him in the usual way; they were something under what I had had from Deane and Dray—about 1s. 6d. or 2s. 6d. difference.
Re-examined. I never bought of Hutchinson's or the Carrón Company, and know nothing of their prices.
GEORGE SIMMONDS . I am a builder, of 23, Fort Road, Bermondsey—I have been building some houses in the Raymouth Road—in July I bought of Hickley 2 cwt. of zinc, and three 18-inch elliptic stoves—this is the receipt—I gave 11s. 3d. for the three stoves.
HHNRY DAVIS . I am an ironmonger, of 288, Camber well Road—in August I bought some sash weights of Hickley, for which I paid him 8l., and he gave me this invoice and receipt—I did not get them particularly cheap—they were cheaper than Thames Street prices, perhaps 20 per cent., but only about 5 to 7 1/2 per cent below what we could buy them at.
Cross-examined by MR. M. WILLIAMS. They were not old stock particularly sash weights are always saleable—they were a job lot for cash—I had known Hickley eighteen months or two years as dealing in this buisiness.
EDWARD MACHIN . I am a builder in Lower Road, Deptford—I built the houses 5, 6, and 7, Kingsbridge Terrace—I bought some stoves of Hiokley—I always paid him before I had the goods—I had no dealings with him since last February.
GEORGE BALLARD . I am an ironmonger, in High Street, Peckham—I have bought sash weights of Hickley since June last, on about three occasions—I have not got his receipts—I bought 5 or 6 cwt. at a time, at 7s. 6d.—that was about 10 or 15 per cent, lower than Thames Street prices.
Cross-examined by MR. M. WILLIAMS. They were not old stock—he said he had attended sales and got a job lot; an odd lot—I had not had many prior transactions with him—I had some—he always said they were odd lots.
First Session, 1873—74.
BENJAMIN BARTON . I am an ironmonger, of 596, Old Kent Road—since June last I have bought goods of Hickley—I have some receipts here—here is one of 28th June for some gutter, 14 cwt., three or four sash weights at 6s. 6d.—the wholesale price was not 9s. 6d.—I could buy them at 5s., and I did buy some at 8s.—thirty 3-inch pipes at 1s., and ten ditto at 11d.—I don't see any receipt here after that, but I know what I purchased—very possibly I bought some sash weights.
Cross-examined by MR. M. WILLIAMS. I have had several dealings with Hickley for the last two years; in fact, I thought him so honest a man that I got 5l. for him from the Board of Benevolence to enable him to buy such lots as these.
ALEXANDER PAUL HUTCHINSON . I am in partnership with Mr. Batchelor—Newton has been in our service between four and five years, as warehouseman or porter, at 222, Upper Thames Street—no one slept on the premises—they were secured at night by locks and bars in the usual way—there was one outer key, which was entrusted to the clerk Humphries—7 o'clock was the time for Newton to come to his duties—we had another person, named Garland, in a similar position as porter or warehouseman—those were the only two—the others were young lads who assisted them—Newton had no right to take this money or make out invoices; that was the clerk's duty in the office—we have a large warehouse of five floors—after the warehouseman has gone round with the customer he has nothing more to do with the selling of the goods—he would communicate to the clerk what the man required—it would not be his duty to make any entry—all goods going out in a proper way, whether sold for cash or for credit, must be signed fur by the carman or the man who takes away the goods—I did not know of Humphries letting the prisoner have the key—it was not with my authority—I knew Hickley by sight, but not as a customer in any shape or way—as far as our books show, his only transactions were for a very few pieces of metal—the books are all here—he was not a credit customer at any time, and only a customer at all for trifling pieces-of metal; perhaps a few pounds, that he would pay 6d., or 1s., or 2s., or 3s. for, and nothing at all for the last twelve or eighteen months—Newton was given into custody on Thursday morning, 9th October—Garland was in the warehouse at the time—he came back in the morning for about ten minutes, and then went off, and we have never seen him since—Hickley was taken the same morning—we had employed a detective—I have been to Mr. Cowland's houses, 1, 2, 3, and 4, Kingabridge Terrace, and all the stoves there, from the top to the bottom of each house, I could swear to—the prices in Hickley's receipts are under our wholesale prices, on an average, 15 per cent, under—I also went to 52, 54, and 66, Ray mouth Road, and ten register stoves and 7 ranges I could swear to as our property, and the prices in Hickley's receipt are under price in the same proportion as the others—I went to four houses in Aspenden Road, and saw twelve stoves and eight cottage ranges fixed there also, which I could swear to as ours, aud as to the prices in the invoice I say the same—I went to Mr. Harland's, at Chislehurst, and in two cottages there found four ranges, two register stoves, and four elliptic stoves that were ours—I have also seen other property of ours at Simmonds', Mayer's, and other places, and I can swear that none of the property was sold by us—there are no traces of them in our books.
Cross-examined by MR. M. WILLIAMS. I never gave Hickley one of our circulars or a revised price-list—I don't think I have seen him in our
warehouse more than once or twice in two years—I did not see him there two months ago.
EDWARD STRATTON BATCHELOR . I am in partnership with Mr. Hutchin son—I have heard his evidence—the property he has spoken of is the property of the firm, it has never been sold or entered—as to Hickley, he has had no transaction with us in the last eighteen months, and never more than to the amount of 18s.
Cross-examined by MR. M. WILLIAMS. We are not the makers—I went to the house of a person named Davison and identified some stoves and ranges, they were things that had come from a Mr. Eddowes, which we had supplied to him.
DAVID HAWKINS (City Detective Oficer). In consequence of instructions, I watched the prisoner's premises from 20th September to 9th October—I have seen Newton there the whole of that time, he has opened the outside padlock with a key every morning—I took him into custody at 9 o'clock—I found 3l. 7s. 9d. on him—I also took Hickley, and found on him 8s. 10d.
JOHN BROWN . I am London agent for the Carrón Company, in Thames Street—it is the largest iron concern in London—I have not seen the pro perty the subject of these invoices, but I know what builder's materials are and the prices—there is a class of goods bought by builders which no one in the trade can mistake, they generally buy the lowest priced articles—these invoices give the dimensions in inches of the stoves—the prices that I have heard quoted this morning are all below the current prices at that date those goods were bought—the lowest price for sash weights in Thames Street has been 8s. 5d. from 2nd June up to the present time—I have heard 6s. as the price paid, generally speaking it is 9s.—the lowest price for register stoves is 3 1l. 8d. per inch—the price quoted here is less, and gutter is also quoted at less than the current price, and pipes also—here is an invoice of sash weights at 7s.—I could not buy sash weights at any time during the period mentioned here at that price—there are about fifteen houses in Thames Street, but not one sold at that price—there are very seldom any second-hand sash weights, you may sometimes have them in getting down old buildings, but they are articles that are never in the market, builders generally appropriate them for new buildings—in thirty eight years' experience I never heard of a job lot of sash weights—I say that all these things are below the lowest current price, that is, the price at which I should sell to an ironmonger to sell again.
Hickley received a good character.
NEWTON— NOT GUILTY .
HICKLEY— GUILTY .
DAVID HAWKINS (City Detective Officer). On the morning of 9th Qctober, I was watching the prosecutor's premises—I saw Newton go to the ware house about 7 o'clock, unlock the door, and go in—in about four minutes, Hickley went into the warehouse to him—in about four minutes he came out again, crossed the road, and fetched a costermonger's barrow to the door—he and Newton then brought out six large sash weights, weighing 24 lbs. each, and put them on the truck; this (produced) is one of them—they then brought out nine iron water heads, six elbows, and three large pans—Hickley then drew the truck down Thames Street as far as Queen
Street, where I stopped him—I asked where be got the goods from—he said from Messrs. Batchelor and Hutchmsons'—I asked if he had a bill or invoice—he said—"No; I have paid K, and I shall pay the residue in the afternoon."—took him to the station with the goods—I found 8s. 10 1/4 d. on him, but no memorandum relating to the things—about 10 o'clock the same morning, I went back to the warehouse and saw Newton in the count ing-house—he knew me well—I told him to stop there, and said "Did you sell any goods to a man this morning?"—he said "Yes"—I said "How much for?"—he said "He has paid me 3l. 16s."—Mr. Batchelor then came in and gave him into custody—I found on him 3l. 7s. 9d.
Cross-examined. I am positive he did not say 2l. 16s.—he was not agitated, he seemed very quiet.
HENRY NEWMAN HUMPHRIRS . I am clerk in the prosecutor's employ—there was one other clerk—it was my duty to unlock the premises in the morning on 9th October—Garland had the key of the padlock—I had given it to him some months previously—I was not aware that Newton had it—I got to the premises a few minutes to 9 o'clock on this morning—Newton was there, preparing a load for the van, his ordinary duty—he did not com municate to me the sale of these articles, or say anything about it—he did not hand over any money, or say that he had any to hand over.
Cross-examined. Garland was in the service at this time—Newton was in the habit of selling things, but he had no right to do so—I have received money from him; that never happened with Garland.
Re-examined. When Newton was there of a morning, he has several times taken small amounts, which he paid to me on my entering the ware house at 9 o'clock; by small amounts I mean under a sovereign—he has never paid me more than that—to the best of my belief an entry would be made in the cash sale book before I took the money from him; I should make the entry on his telling me the goods he had sold—he did not tell me anything about these goods—I never communicated to my em ployers that I had taken money of him.
EDWARD STRATTON BATCHELOR . I was not aware that Humphries had given the key to Garland, or that he was not present at the opening of the warehouse—he was in charge of the warehouse, specially for the purpose of opening it in the morning—I have seen this property; its value is 3l.—I was called down at 9 o'clock, after the officers arrived, and gave Newton into custody—he said he meant to pay for the goods, that he had been paid 3l. 16s. for them—I afterwards went to the station and found Hickley in custody—he said he had paid 1l. on account—I had not given orders that goods should not be sold to Hickley.
NEWTON— Eighteen, Months' Imprisonment.
HICKLEY— Six years' Penal Servitude.
MR. PLATT conducted the Prosecution; and MR. BESLEY the Defence.
CHARLOTTE Moss. I am the wife of John Henry Moss, a baker, of 5, Crossley Road—the prisoner was our foreman, and the prosecutor was also employed in the bakehouse—on Saturday, 25th October, between 4 and 5 o'clock in the afternoon, I heard them quarrelling when I went
down stairs for some water; they were speaking in German, and I could not understand it—the prisoner was the worse for drink—I told the prosecutor not to say anything to him, as he was the worse for liquor—the prisoner was sitting on the trough with a knife in his hand—something was said which I did not understand, and he jumped down and immediately stabbed the prosecutor; I could not tell exactly where—I tried to get the prosecutor away—I saw the prisoner clearly strike him with the knife; three times I believe.
Cross-examined. The prisoner had been at work since Friday night at 11 o'clock—the prisoner was not eating anything with the knife as he sat on the trough—I did not see the prosecutor catch hold of him to pull him off—the prisoner was given into custody on the following Tuesday; I don't know why he was not given into custody before—I sent for the prosecutor's wife and a doctor.
HENRY SIETTER . I live at 37, Wellington Road, Islington, and am in Mr. Moss's employ—the prisoner and I used to work together; he was the foreman—on Saturday, 25th October, we were in the bakehouse between 4 and 5 o'clock, he was tipsy, and on that account I was obliged to send for my master to do the work, he did it and then went out—I was sitting on the trough, the prisoner was near me—I got down and said to him," Take care of your work, or else you will have to pay if you spoil any more to night"—as soon as I had said that, he jumped up from the trough with the knife in his hand, and stabbed me on the shoulder—he stabbed me three times; on the shoulder, in the back, and a slight wound on the top of my head—I ran up stairs, and the doctor came and dressed my wounds.
Cross-examined. I had been in the prisoner's company from 11 o'clock on the Friday night—we had a half-gallon of beer at dinner-time on Satur day, which we always had—I don't know anything about a second half gallon—I don't recollect the master coming down and asking why it was all drank and none left for him—I was out when the prisoner sent for the second half-gallon—when I returned I spoke to him in German—I did not use any strong language—I said "Had you not time the night before to get drunk?"—I did not catch hold of his legs or neck and pull him off the trough; I did not touch him—I know Peter the apprentice—I did not say to him next day that I did not know who was to blame; I never said that—Mr. Moss did not arrange with me that I was to have 3l.—he gave my wife 15s. on the Saturday night; I don't know that that was the prisoner's wages—after he was given in charge the solicitor came to me to settle it; I said it could not be settled—I did not strike the apprentice on the Satur day afternoon before this happened; I did not say I would beat him too if he interfered—I do not know Frantz Obeist—I never said to him, or to anyone, that I did not know whose fault it was, and that I struck the pri soner first and seized him by the throat; it is all invention.
HENRY SCAIFE . I am a surgeon, of 6, Westbourne Road, Barnsbury—on Saturday, 25th October, between 4 and 5 o'clock, I was called to see the prosecutor—I found him in the parlour, lying on a couch—I found a small wound on the back of the left side, 3 inches long, and 2 1/2 inches deep; another on the top of the left shoulder, about 1 inch long, and about 2 inches deep; and a very slight wound on the head—this knife (produced) would be likely to cause such wounds—they were not in themselves dangerous.
Cross-examined. They might have been inflicted accidentally, the one in the back; but that on the shoulder I should say very improbably—there is the least probability in the world—I put them down as stabs.
WILLIAM BOWLES (Police Sergeant G 22). On Tuesday, 28th October, I was called by the prosecutor's wife to the King's Head public-house—she pointed out the prisoner, and gave him into custody for stabbing her hus band—he made some rambling statement which I could not understand—he spoke in English.
Witnesses for the Defence.
PETER DEIDRICH (Interpreted by one of the Jury). I was at the bake house on the Saturday morning up to 1 o'clock, but not when this took place—the prosecutor gave me a push—the prisoner said "Let the boy alone"—the prosecutor said "Shut up, or I will come after you"—the mistress then took hold of me by the arm, and led me out into the shop—I came back after it had happened; it was about fifteen minutes after I was led out that I saw the man was injured—I saw him up stairs in the parlour, and he showed me where he had been stabbed—two half-gallons of ale had been sent for that day—the prisoner paid for one and the pro secutor for the other—the prosecutor was not quite sober, I think—I went with the prisoner on the Sunday afternoon to visit the prosecutor—he said he did not know how it happened, and the prisoner said the same—they spoke very friendly together—the prosecutor came back to work on the Wednesday week after.
FRANTS OBERST (Interpreted). The prosecutor told me that it was more his fault, that he had got hold of the prisoner by the neck or the throat, that he had the knife in his hand, eating bread and butter—he said "The prisoner came to my bed and cried about it twice. I will arrange it all; he shall get off. I win not leave him in the lurch"—this was ten days after the occurrence.
PETER KLEIN . I know the prisoner and prosecutor—on Sunday evening, a week after this had happened, the prosecutor said to me that it was were his fault than the prisoner's, that he was not charged through him, but through his master and mistress, and he would get him out again, he would not come against him.
The Prisoner received a good character.—
GUILTY, of unlawfully wounding. — Three Months' Imprisonment.
MR. H. GIFFARD conducted the Prosecution; and MR. BESLEY the Defence.
ROSINA GARNSEY . The prisoner is my husband—on 18th October, about the middle of the day, he came home drank—fee laid down en the bed and slept for about two honre—while he was asleep I removed some money from his pocket—when he awoke he seemed in a very confused state—he de manded the money from me, And I refused to give it him several times he took a knife out of his pocket and opened it—I don't remember his saying "I will stab you"—I said "I won't give it, I would rather be killed than give you the money"—he then stabbed me, after some words between us—we were both in a temper—I ran down stairs, and met a fellow lodger coming up—I don't think I fainted entirely away—my mother was present at this time; she stood by the side of me, and he struck her with the knife.
Cross-examined. I have been married two years and two or three months
—I have only been confined a fortnight—he has always been a good hus band to me, and always brought me his money, except when he has been in liquor—he was always kind and affectionate—he never lifted his hand to me before this—his father has been for thirty years senior carpenter at the Italian Opera House, Covent Garden, and he has been working for him—I told the Magistrate that he seemed to wake up mad—he lost a good deal of money in a business, which greatly preyed on his mind—at times his mind has been disturbed—on this occasion he had been out and pawned some articles and got drunk—he was annoyed at my finding the ticket.
RICHARD COLVBN . I live at 33, Devonshire Street, Queen Square—on 18th Ootober, about 4 o'clock in the afternoon, I heard screams proceeding from up stairs—I went up and saw the last witness on the third step, trying to come down stairs—she seemed to be in a swoon—I caught her in my arms—she had a child in her arms—I saw blood on her clothes—I carried her down stairs, and placed her on a sofa, and went for a doctor and a constable—I and the constable went up stairs and saw the prisoner—I said "What have you done?"—he turned round in rather a confused state and said "I don't know what I have done; what have I done?"—I said "You have stabbed your wife, where is the knife?"—he said "I have not any knife"—we took him down the yard—another constable came, and I said "You had better let us know where the knife is; we shall search your place right through—he said "It is up there, under the window"—I and the con stable went up, and behind a box we found this knife, wiped, and put away behind some boxes—I opened it; it was smeared with blood, and had got a lot of fluff on it—there was blood on the landing between the rooms, but it had been wiped up, and there was blood all down the stairs.
Cross-examined. The prisoner seemed to be very absent when I first addressed him—he said "What have I done? I must have done something very bad. What is it?"—the furniture in the room seemed disturbed; but the place was very clean and nice.
MARY HOBBS . On 18th October I was in my daughter's room—the prisoner came home drunk and laid on the bed a little after 1 o'clock—he got up about 4.30—I think he and his wife had some dispute about money—I could not hear, but I fancied so—(this witness was very deaf)—he took a knife out of his pocket and stabbed his wife, and just as I was going out of the bedroom door he stabbed me in my back, my arm, and my side.
JOHN WILLIAM BILLING STEGGALL . I am a surgeon, of 3, Queen Square, Bloomsbury—on Saturday afternoon, 18th October, about 5 o'clock, I was called in to 33, Devonshire Street, and found the two women wounded, the younger seeming in the more dangerous state I examined her first—she had a severe wound on the upper part of the left arm, near the shoulder, three wounds on the back, and one at the back of the head, considerably smaller—three of these were very deep, the other two were comparatively superficial—the elder woman had seven wounds; they were more extensive than those on the younger, but not altogether quite so deep—there was a long incised wound on the arm, a rectangular kind of wound at the elbow, two wounds under the chest, and three on the back—this knife would inflict such wounds—considerable violence must have been used.
Cross-examined. I think they could all have been inflicted in one minute by a violently excited person—I think I may say they have both recovered.
The prisoner received a good character.
GUILTY of unlawfully wounding. — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ROBERT LAKE (Policeman K 508). On Sunday morning, 31st October, about 11 o'clock, I was on duty in Marsh Lane, Stratford, and saw the prisoner at a ditch behind a fence in an enclosed ground belonging to the Metropolitan Board of Works; he was pulling some rope from the ditch—I secreted myself for some time—he left the stage, stopped and wiped his hands with some grass, and walked from the slope of the sewer on to the top, turned round and returned to the spot where I first saw him, and commenced handling the rope a second time—I then approached him and asked why he was there on enclosed premises, and how he same possessed of the rope—he said he was walking on the sewer and saw it in the ditch, and went down and pulled it out, and was waiting there for a man named Perkins, to assist him in removing it to Perkins's house.
Cross-examined. I did not know then that he was in the employ of the Board of Works; I have heard it since.
SAMUEL LEE . I am a pointsman in the employ of Mr. Wilson, of Hack ney Wick—the prisoner was in his employ some fifteen months ago—I saw this rope and tackle (produced), it is Mr. Wilson's property—I last saw it on 25th October, and on the Monday it was gone.
NOT GUILTY .
MR. R. N. PHILIPPS conducted the Prosecution; MR. BESLEY defended Page, and MR. MONTAGU WILLIAMS defended Moses.
GEORGE GOLDEY (City Detective 130). About 8.30 on the morning of 21st October, I was on duty in London Wall with Harding—I saw Moses carrying a bag, and followed him along into Widegate Street, Bishopsgate, where I stopped him—I asked him what was in the bag, he said "Remnants of cloth"—I asked him where he got them from—he said "From a ware house in the City"—I asked where the warehouse was, and he said it was somewhere near H. E. and M. Moses and Sons, clothiers, and the man who gave them to him was Page, and he worked for a Mr. Meyer—he said after wards that Page had called on him that morning at his own residence, Montague. Street, Whitechapel, and told him to come to the warehouse along with him—I took him to the station, searched him, and found 10s. 7d. on him—he gave his address 1, Old Montague Street, Whitechapel—I found in the bag six pieces of cloth, measuring 12 3/4 yards, three pieces of Italian cloth, and four pieces of lining, and at his lodging I found two yards of tweed, 1 1/2 yards nap cloth, and materials for three coats.
Cross-examined by MR. M. WILLIAMS. I ascertained that Moses works up materials given out by the shop; goods that are cut out for being made up—I saw a number of coats and things worked up for Moses, & Sons and other tailors.
WILLIAM GEORGE HARDING (City Policeman 106). I was with Goldey—I went about 11 o'clock to the warehouse of Messrs. Meyer, 4, Wells Street, Falcon Square—I saw Page there—I told him I was a police officer, and I should take him into custody for stealing a quantity of cloth from his mas ter's warehouse that morning—he said "I gave Moses a piece of cloth to
make a pair of boy's trousers"—I took him to the station, and on being shown the cloth found in the bag in the presence of Moses, he said "I gave him those six pieces of cloth, the lining I know nothing about, he must have picked it up in the warehouse."
Cross-examined by MR. BESLEY. He gave a correct address.
HENRY SPRAY KEMP . I am manager to Messrs. Meyer & Co., 4, Wells Street, Falcon Square, wholesale clothiers—Page has been in their employ twelve or fourteen years—he commenced as errand boy, and afterwards he was cutter and foreman—it was his duty to take in work, and to give out work in my absence, and cut out work—we give the cloth out in cut gar ments; they are cut before they go out—Moses was one of our work-people for about four or five years—he had work for us at the time he was taken into custody—we have goods in stock like these goods which were found in the bag—they are not cut at all, and would not be given out for making boys' trousers—we have goods in stock like these, with the exception of this piece of velveteen—the value of the goods found in the bag is 5l. or 6l.—I see here 2 yards of tweed materials for three coats, and 1 1/2 yards of nap cloth—I took patterns of them and compared them with our stock—they match exactly—when they were shown to me I knew that they were common goods used throughout the trade, but there was one piece which we had had for five years—the value of those goods is about 2l.—the value of the goods found in Page's house, without the velveteen, would be about 3l.—we have things such as those in stock—Page had no authority to give these goods to Moses—this bag is ours.
Cross-examined by MR. BESLEY. I have compared the velveteen since the examination at the Police Court, and I have doubts about its being ours—the other things are worth 3l.—that includes the little boy's coat—I don't know that Page has got a little boy—his hours were from 8.30 till we had finished work in the evening—we don't make for private customers but for shops—Page has given great satisfaction as a cutter.
Cross-examined by MR. M. WILLIAMS. This is not a proper bag to take these things about in, because the fluff would come off and spoil some of the light goods—we have not a very large business; we make for all the shops we can—I can hardly say how many garments are made up in the course of the day—we have got stuff like this in stock, and so have a great many other people—Page gave goods out in my absence, but not without entering them in a book—if goods were sent out they would have to be entered in a book, and a ticket given to the person and the counterfoil kept—I have not the counterfoil for the three coats—they have not been entered.
The prisoners received good charactert.
NOT GUILTY .
NEW COURT.—Tuesday, November 25th, 1873.
Before Mr. Common Serjeant.
MESSRS. STRAIGHT and MEAD conducted the Prosecution; and MR. HARRIS the Defence.
GEORGE MITCHELL (Policeman Y). On 18th September, I was at Southgate Police Station when the prisoner came in, between 11. 50 and 12 o'clock—he spoke to the sergeant, and said that he wanted a policeman to go
and take John Brown in custody for knocking him down, and robbing him of his watch and 2l. 15s. in money—another policeman asked him if he had any marks of violence; he did not answer that, but said that as he was passing Air. Graves' house, two men came out from a ditch, caught him by the back of his neck, and threw him on his back; that one of them was Brown, and the other a man with dark whiskers—the constable took him to the gas and said "If you have been on your back there must be some dirt on your coat," but he could not find any, or any signs of injuries—I asked him if he could swear to Brown—he said "Yes," and that while he was on his back they knelt on his chest; that be could not say which man took his money, but that Brown said "I owe you a grudge, and now I will pay you"—the constable cautioned him several times—we had to pass the spot to go to Brown's house; we examined with a lantern, but saw no marks of any scuffle—he said "This is the spot," and pointed with his finger—the constable turned his light on to the ditch, and we saw what we imagined were footsteps; we remained at the spot till daylight, when they seemed to be the footmarks of children gathering blackberries—we took Brown the same morning—he was in bed; he said that he had not seen Cavill that day—Cavill said "You know you have. Brown, and you have robbed me of my watch and money"—I took Brown to the station—the spot pointed out to me was about 30 yards from Mr. Graves' house and 300 or 400 yards from Brown's house—there are two other houses there inhabited.
Cross-examined. The scene of the robbery was not laid at an unlikely spot at all—Cavill appeared quite calm and collected when he told me about it—I said to him repeatedly "This is a very serious charge you are making against a respectable man"—Mr. Peckham appeared for him before the Magistrate, and said that he had made enquiries into Brown's character, and found him to be a respectable man; the charge was immediately withdrawn.
Re-examined. The prisoner had appeared before the Magistrate a week before that, and sworn to Brown being the person who had stolen his watch and money.
ANDREW MCINTYRE (Policeman, Y 23). I am stationed at Southgate—on the morning of 19th September the prisoner made a charge—I went and examined the spot, and Brown was brought to the station in custody—I was present next day when Brown was charged with being concerned with another man, not in custody, with assaulting George Cavill, and stealing a silver watch and chain, and 2l. 15s. in money, at Hopper's Road, Palmer's Green—Cavill was sworn, and said that he was passing Palmer's Green, between 10 and 11 o'clock, on the evening of 18th September, that two persons were standing in a ditch, one of whom caught him by the back of his neck, so that he fell on his back, and that Brown knelt on his chest and got hold of his hands, and he was robbed of his watch and 2l. 15s. in money, and that Brown said "Cavill, I owe you a spite, and now I will give it yon"—Brown was admitted to bail—I was present on the remand day, when Mr. Peckham appeared, and the charge was withdrawn.
Cross-examined. I saw Cavill sworn—the oath was "The evidence you shall give shall be the truth, the whole truth, and nothing but the truth, so help you God"—he kissed the book and gave his evidence—I cannot say that the book was a testament, but it was the same that the other witnesses were sworn on.
employ till his death—he lived exactly opposite me—I have been hisgardener for five years last February—the prisoner was also in his employ, as groom and labourer, for a little over twelve months; he was dischargedtowards the end of July—he and I had some words, the result of which wasthat I summoned him before a Magistrate at the end of August—thatsummons was dismissed—on the Monday preceding the day he chargedme the prisoner said to me "Go on, sneak, I will have you at Enfield beforeyou are much older and give you six months"—and there were worseexpressions than that, he annoyed me every time he met me—he called mebad names, and he used that expression about the Bench at Enfield two orthree times—on 18th September I left work at 6 o'clock and went to see adoctor, and in consequence of what he said I had a hot bath and went to bed—I did not get out of bed till the police came—the charge the prisonermade against me is wholly untrue—when he came into my house thatnight he was as calm as he is now—I have never noticed anything peculiaror eccentric about him.
Cross-examined. He was summoned by his master at the same timefor cruelty to a horse; that was also dismissed—I know nothing about thehorse running away, I only know that he took the horse out without leave—I saw the cart come home broken to pieces—I don't know that the prisonerwas pitched out upon his head, or that he was laid up afterwards, but Ilost sight of him for a few days—he went about as usual, and he played ina cricket match after that.
GEORGE WHEELER . I am head ostler at the Green Dragon, Winchmore Hill—the prisoner came there on 13th September, about 6 p. m., and leftabout 11. 20—I know that because I took the pot in from which he hadbeen drinking outside—the house was closed at 11, and they were all turnedout—the prisoner was sober; I noticed nothing in his manner—he wentaway with Wallege and Anderson.
Cross-examined. I saw Cavill with a sovereign and about 1l. worth ofsilver, and I saw his chain but not his watch.
HENRY WALLEGE . I live at Winchmore Hill—on this Thursday evening I was at the Green Dragon with Cavill—I left with him, and walked withhim nearly half a mile—I left him at the corner of Highfield Road, morethan a quarter of a mile from Mr. Graves's—he appeared perfectly sober—hewould have to pass Mr. Graves's to get to Southgate Station from where Ileft him—I noticed nothing particular about him.
Cross-examined. I have known him eight or nine years; he has alwaysborne an honest character—I heard of the accident—I was with him from 7 to 11 that night; I did not see his watch.
WILLIAM JEFFERY (Policeman Y 318). I am stationed at Southgate—on 18th September I was on duty, and the prisoner came to me and said thathe had been assaulted and robbed, and he wanted a constable to take Brown in custody for assaulting and robbing him, in concert with anotherman—I said "If you have been knocked down and robbed you will havemarks of violence; "and I asked him if he came straight to the station—he said "No, I went home first"—I asked him if he had changed his coat—he said "No"—he came to the station about 11. 50—Mr. Graves's is abouta mile and a quarter from the station.
Cross-examined. The prisoner lives at the back of the police-station—Ithought it strange for him to go home first.
was on my beat, and was near Mr. Graves' home from 10. 50 till 11. 10 nobody was loitering about, and nobody had passed me from Winchmore Hill—I had half-a-mile to go, and was back by 11. 50—I saw no traces ofany robbery, and saw nobody on foot till past 12 o'clock.
JONATHAN WILTON (Policeman Y 213). I was on duty in the neighbourhood of Mr. Graves's house from 10. 15 till 11 o'clock—I saw nobody hanging about—if there had been anything happening, I must have heard it—I have had no description of the man who is said to have assisted Brown inrobbing Cavill.
Witnesses for the Defence.
JOHN CRESWELL , M.R.C.S. I live at Winchmore Hill, and have knownthe prisoner and his family for a number of years—the whole family beara respectable, honest, and truthful character—on 13th August, I wascalled in to see the prisoner, and I found him in violent convulsions andquite insensible—I was told that he had been pitched out of a chaise, andhad fatten on his head—I attributed his condition to the accident causingconcussion of the brain—I directed him to be carefully watched, andremained with him nearly two hours, during which time he was completelyinsensible—he would after that be liable to hallucinations for months orfor years on any occasion of excitement, or from a little drink—his condition for a few weeks after I saw him was most probably one of great peril—he might be, during the following few weeks, utterly unaccountable for hisactions, and liable to hallucinations.
Cross-examined. By "hallucinations "I mean having mistaken ideas—he would not know what he was doing very often any more than a drunkenman—I have heard the facts of this case, and I think it did happen—Ibelieve the man was robbed, and that, to a certain point, he swore whatwas correct, in that he said that lie had been robbed—he might easily bemistaken about who the man was who did it, although, when kneeling uponhim, he said "I owe you a grudge, and now I will pay you."
Re-examined. Concussion of the brain would produce derangement ofthought and ideas—if a man's mind has been shocked by a concussion ofthe brain, he is liable afterwards to various fancies and hallucinations—Idon't know any difference between a delusion and an hallucination—concussion of the brain, such as to produce the state of insensibility andprostration in which I saw him, would be liable so to affect his brain thathe would imagine things afterwards which did not take place.
COURT. Q. Have you had any patients who have exhibited suchsymptoms? A. I speak more from reading than observation—I should notconsider this to have been congestion of the brain unless it produced insensibility—a person may be injured, and the symptons may come onafterwards and be intermittent; they would come on without any apparentcause.
FRANK REED . I am a licentiate of the Royal College of Physicians and., of the Apothecaries' Company—I was called in to see the defendant on August 14th, and attended him three weeks and probably more—I foundhim in bed and very drowsy—his skin was cold and clammy, and he was ina state of partial coma; his sensible powers were deranged, he bad partialparalysis in his lower extremities, and everything consistent with irritationof the brain—there was also a good deal of pyema or blood poisoningabout him, which is a sympton of concussion of the brain—concussionof the brain would produce the symptoms I saw—he will be liable to fee
the effects of the concussion for some considerable time, according to theinjury done, and the slightest excess or stimulant will create wanderingand confusion—I do not think he is cured now—a person suffering fromconcussion of the brain, and in the state I saw him, would be liable todelusions and hallucinations, especially if excited by drink—any excitablecause might produce a delusion—if he was hustled and robbed, that wouldunbalance his mind, or if he had had any drink that night; any irritabilityof the mind or sudden excitement would do it—it would not be an extraordinary delusion at all if he imagined the whole thing—he was as likelyto imagine that as anything else, even that he was Emperor of China—there is no accounting for delusions.
Cross-examined. I have had cases of hallucination under my notice at St Bartholomew's Hospital—I mean wandering of the mind—fancying himself Emperor of China would be a delusion—consistentlywith his being irresponsible, he might have imagined all this and repeatedit verbatim the following morning before the Magistrate—he might beunder any form of hallucination for any time.
Re-examined. A delusion may hang about a man's mind for an indefinitetime, till he is permanently insane—I am a pupil of Sir James Paget—Ihave known, in St. Bartholomew's Hospital, delusions of the wildestcharacter, one man said that God Almighty had given him an order to getsome oysters, and be believed that for two months.
JOSEPH MASSINGHAM , M.R.C.S. In the first week in September I was taken down to see the prisoner—I found him in a state of great physical and mental debility—I should suppose he had received a concussion of the brain some time previously, and he would be liable for years to strong delusions and empty imaginations.
COURT. Q. Might he, without having committed wilful perjury, have imagined this highway robbery. Do you consider it consistent with what you saw in the first week in September? A. Yes.
NOT GUILTY .
THIRD COURT.—Tuesday, November 25th, 1873.
Before Robert Malcolm Kerr, Esq.
25. WILLIAM STEELE (20) , to stealing two Spanish bonds, ten Turkish coupons, and ten shares in the Erie Railway Company, of Levi Cohen and another, his masters—He received a good character.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And
26. JOSEPH MAWLBEY (17), and CHARLES BAKER (17), to stealing sixty-two satinskirts, three costumes, and twenty pieces of lace of James Watson andanother, the masters of Mawlbry— Twelve Months' Imprisonment each. [Pleaded guilty: See original trial image.]
MR. LYON, for the Prosecution, offered no evidence— NOT GUILTY .
MR. LYON conducted the Prosecution.
was at my door—as I opened my coat to take my keys out, the prisonerstole my watch and ran off—I called "Stop thief!" and followed him about 200 yards—two fellows came and stopped me, and I gave one of them akick—if they had not stopped me I should hare caught the prisoner—Igave information to the police, and two days after I saw the prisoner at thestation—I picked him out of eight persons.
JOHN MITCHELL (City Detective Oficer). On 7th November I took theprisoner on another charge—he was taken to Bishopsgate Police-station, andplaced with a number of other men—Mr. Walters picked him out—nothingwas found on him—he refused his address.
GUILTY .— Twelve Months' Imprisonment.
MR. A. B. KELLY conducted the Prosecution; and MR. CHARLES MATTHEWS the Defence.
SARAH ANN SMITH . I am the wife of Joseph Smith—on the morning of 16th November, about 2 o'clock, I was in the Wellington Road with him—the prisoner ran out of a street and made a kick at my hand, and knockedmy parcel out of my hand, picked it up, and ran away—I called to myhusband and he ran after him—the officer brought him up to me, and Icharged him with kicking me and robbing me of the parcel, which containeda petticoat and a shawl—it was rather a dark place—I felt the kick on myhand, and the blood was flowing from it at the station—there was no onethere but the prisoner, and I did not lose sight of him.
Cross-examined. I had been to Holloway, where my brothers live, and I was walking home, as there was no-conveyance—we had had some supper, and a glass of ale at supper, as most people do—I was quite sober—I hadnothing before supper—my husband supped too, and no doubt he had something to drink too—we were not drunk.
JOSEPH SMITH . I was walking home with my wife—in the Wellington Road I was a few yards behind her—she called out to me "Joe, a man haskicked the bundle out of my hand and gone away with it"—I saw the manrunning, and followed—he had the bundle under his arm—he dropped it, because I could run nearly as quick as he could—a constable stopped himat the Birdcage public-house—I was 30 or 40 yards from him then.
HENRY HEATH (Policeman H 145). I heard a cry of "Stop thief!" andsaw the prisoner running towards me—I ran across the street, and stoppedhim as he was running very fast—I waited till Mrs. Smith came up, and shesaid she had lost a bundle, and she had a bruise on her hand—the prisonersaid he had pushed against the woman as he was running along—Mrs. Smithbrought the bundle up—the witnesses were perfectly sober.
GUILTY — Twelve Months' Imprisonment.
MESSRS. BESLEY and A. B. KELLY conducted the Prosecution; and MR. FRITH the Defence.
WILLIAM CROFTS . I am manager to Mrs. Smith, pawnbroker, 199, Edgware Road—about 7.30 on 8th November the prisoner came into theshop and asked to look at a diamond ring, describing one which was markedon a card in the window—I took the ring from the window, and after looking
at it for a moment or two, he said he should like to see another one, which I took from the window—after looking at those two for a few moments, firsttrying one on his finger and then the other, and comparing them as a customer would, he said he should like to see another one marked on the cardtwenty-five guineas—I took it from the window, and handed it to him—hehad no sooner received it in his left hand than he took the right hand fromhis side, and dashed an immense quantity of snuff straight in my face—Iwas almost blinded at the time—he rushed from the shop with the two ringson his hand and the one on the card—I went after him as well as I could, and called "Stop thief!" directly I got out of the shop—I saw Savage seizehim at the end of the street—I pursued him as long as I could—he threwsnuff in the eyes of Savage—Savage held him till assistance came—I tookadvantage of the opportunity, and got the snuff from my eyes and mouth—I saw the police take two rings from him—I was certain he had three, and I went back to the shop and found he had taken three, and directly I gotback to the station a little girl brought in the ring on the card—these arethe rings-they are the property of Mrs. Smith.
Cross-examined. I did not notice anything peculiar in the prisoner'smanner—he was most gentlemanly in his way, or I should not have thoughtof showing him such valuable things—my sight has not been permanentlyinjured—I believe he took the snuff from his pocket when my back wasturned—that was the first time I had seen him.
WILLIAM SAVAGE . I am a greengrocer's assistant, and live at 17, Star Street—on the morning of 8th November I was in Edgware Road, and sawthe prisoner run round the street, pursued by Crofts, crying out "Stopthief!"—I crossed the road and seized him—he threw snuff in my eyes, and struggled most desperately with me—I succeeded in holding him untilthe police came.
Cross-examined. My sight was very queer the day after—I don't feel anyeffects from the snuff now.
Cross-examined. I have made inquiries respecting the prisoner—I wentto Mr. Greatorex, Mr. Philipson, and Mr. Bryant, and they said they hadknown him for some time, and ware quite surprised at the charge; as faras my inquiries have gone up to this time he has been an honest man.
The prisoner received a good character.
GUILTY—recommended to mercy by the Jury on account of his previous good character. — Five Years' Penal Servitude, and twice Flogged; on each occasion to receive Twenty Lashes.
MESSRS. STRAIGHT and BUCK conducted the Prosecution.
MARIE BAGOTTE STERNAY (Interpreted). I live at 104, Brompton Road, and keep a cigar warehouse—I have known the prisoner about nine months—I employed him as interpreter, and about the lease of a house—on 1st October I entrusted him with some pawn tickets—he made this list of them (produced)—I saw him write it—I told him to go to Mr. Haynes and borrowsome money on those tickets—I did not ask him to take the things out of
pledge—he told me he had seen Mr. Haynes, and would on the next daybring me 20l.—I next saw him at the police-station—I never authorisedhim to sign my name to any document—this is not my signature on theback of this cheque—the value of the articles referred to in the pawn ticketswas a great deal more than 200l.
Cross-examined by the Prisoner. I instructed You to raise 300l. on myfurniture a long time before, in order to pay off the former 200l.—you wereintroduced to me by a friend, and afterwards you became my interpreter—I don't recollect that you wrote a letter to my landlord about the house—if you signed my name to it I never authorised you to do so; such a thingnever was done in my presence, nor by my authority—I required a car-penter to do some work, and I asked you to get me one—I paid you forthat—I paid you every time you asked me for money—I never had anyaccount with you—I paid you 20l. or 25l. during the six weeks you werewith me—I never asked for any receipt—it is true that I required "credit" from the carpenter—you procured that credit for me; I paid half themoney—I also wanted a gasfitter and you brought one to my house—you also obtained credit for me, I paying half the money—Mr. Haynesrequired a security, and Mr. Lows was that security—he is a friendof mine; I have known him about six years—he was living in my houseas lodger for a little while—there was a quarrel between you and Mr. Lows about my bill of sale—it is true you had an appointment with Mr. Smith the next day—we went to Mr. Smith; he had paid for me 103l., and I received 147l., for which I had to sign a document amounting to thesum of 300l. for three months, and 50l. interest—I gave you 5l. that day, and opened an account with the 140l.—you went to interpret for me when I went to buy goods—I promised you five per cent, on the sum I got creditfor, not for the money I paid down—I bought cigars at Mr. Woolf's oncredit, by paying 20l. down and 10l. the week following—the invoice wasabout 80l.—it is true I gave you a cheque to take to Mr. Woolf—you remained in 'the house a couple of hours every day to instruct me in thetobacco business—I sent you to the City once or twice to get some cigars, and they are the ones for which I got half credit—you asked me for 2l. atthe end of the week, which I gave you—there was certainly a dispute thatday between us, because you asked me for 3l. and I only gave you 2l. but I afterwards gave you 15s. more, and there were 5s. remaining due—I don'trecollect that you claimed commission on that day—I left a quantity ofpawn tickets with Mr. Haynes when I borrowed the 300l., he kept them assecurity—you said Mr. Haynes wanted more security, and I gave you thepawn tickets to give to him—there were fourteen tickets, twelve English andtwo French ones—the day before you were arrested Mr. Haynes asked meif I had received the cheque for 20l. which he had sent me, and that washow you were found out—I did not give you any lace to pledge—I gavesome to Mr. Lows to pledge; it is possible you went with him, but I neverasked you to do so—I owe you nothing at all; perhaps 5s., that is all.
Re-examined. I did not give the prisoner any authority to sign my nameto any document relating to money—it was nineteen or twenty daysafter I gave him the pawn tickets that I saw him at the station-house.
WILLAM SMITH . I am clerk to Mr. Haynes, auctioneer, 28, Nicholas Lane, City—I live at 14, Devonshire. Road, Greenwich—I have had severalmoney transactions with, Madame Sternay, on behalf of Mr. Haynes—on 1st or 2nd October, the prisoner came and said he had come from Madame
Sternay to know if Mr. Haynes would advance her dome 30l. or 40l.—Iheard what he had to say, and made an appointment to be at Madame Sternay's next morning—I went there and saw her, having previously hada conversation with Mr. Haynes—I heard what she had to say and told her I would report to Mr. Haynes and let her know—next day the prisonercame, and Mr. Haynes told him he declined to make any further advanceto Madame Sternay without some kind of security—the prisoner said "Verywell, I will see you in a few days and bring some security"—he came on the 7th, and produced 10 yards of black lace, a silver-mounted fan, three embroidered sheets, and two damask table cloths—he said he had come from Madame Sternay—I told him Mr. Haynes had left for home, and askedhim what he required—he said Madame Sternay required 28l.—I said, if Madame liked, I would draw him a cheque on my own private bank for 20l., he had better leave what he had security, and I requested him to bring Madame Sternay's promissory note for the amount in the morning—I drewa cheque to her order—he said "I will take this to her, and bring you herpromissory note for the amount in the morning"—this is the cheque I drew, it has been returned to me from my banker's, paid.
Cross-examined by the Prisoner. I did not lend money on the pawntickets, but I took them as security—the cheque was to Madame Sternay'sorder, and as it was past banking hours I knew you could not cash it, andtold you to bring the note in the morning—I asked where Madame hadobtained the things, or whether you had taken them out of pledge—Iadvanced the 20l. to oblige Madame Sternay, as I thought, and it was to beall arranged when the bill of sale fell due on 16th of this month; it wasunderstood that she would not be in a position to pay the 300l., and the twoloans were to be amalgamated—Mr. Haynes one morning went up to see Madame, and he then found that she had not had the money—very likely aweek had transpired—we were perfectly satisfied holding the collateral security.
Re-examined. I saw the prisoner three or four days after I gave him the 20l. cheque—he brought another lot of goods, and said he wanted 8l., and I refused to do it—I next saw him in custody.
SAMUEL GIBBS (Detective Officer). I took the prisoner into custody onthe 17th, about 8.30 am., in Camber well Road—I told him I should takehim for stealing a cheque for 20l., the property of Madame Sternay—hesaid "I had a cheque from Mr. Smith for Madame Sternay, and I cashed itat the London and County Bank in the City, as Madame owes me a greatdeal of money, and in fact owes me money still"—I took him to the stationand found eleven pawnbroker's duplicates, six of which have been identifiedby Madame Sternay as her property.
The prisoner, in a long address, stated that he believed he had authority to sign the cheque, as he had signed other documents for Madame Sternay, and that she owed him money at the time.
NOT GUILTY .
(There was another indictment against the prisoner, for which see New Court, Wednesday).
OLD COURT.—Wednesday, November 26th, 1873.
Before Mr. Justice Quain.
Ordered to be detained until Her Majesty's pleasure be known.
MR. LANGFORD conducted the Prosecution.
ROBERT WITHERS . I was house-surgeon at the London Hospital on Saturday morning, 25th October, about 12. 45, when the deceased Charles Wilson was brought in—he had a punctured wound in the abdomen, on theleft side of the navel—he died on the evening of the 25th, of peritonitis, accelerated by the shock of the injury—the wound might be caused by sucha knife as this (produced)—I should think it was a single stab—it went inobliquely under the skin for about 1 1/2 inch—there was a small wound inthe intestine, which produced inflammation of the peritoneum, and causedhis death.
ELIJAH LANGLEY . I am a seaman—I live at 174, 81 George's Street—Iknew the deceased for four or five days before his death—he was about twenty-four years of age—he lodged opposite—on Friday night, 24th October! Iwas at the Hoop and Grapes with him, Otter, Carey, the prisoner, two girls, and another black man—we were having a drink—about 11.30 we camefrom there and went to the Bell Music Hall—we left the Bell about 12o'clock—when we came outside, the prisoner shook hands with all of us—we were all sober—the prisoner had treated us at the Hoop and Grapes, and also at the Bell—he asked us what ship we were going in—I told him the St. Paul—he said that was a b----American packet ship, he had beenin her before—I said "Never mind, as long as we can do our work"—hewas going home with the two females, and Wilson went up to him and said "Mind your coat"—the girls said "What the b----hell has it to do withyou?"—the prisoner said nothing—Wilson afterwards went up toshake hands with him, he offered his right hand, and the prisoner said "No; Idon't shake hands with American rats"—Wilson went up to him again andasked him to shake hands, and the prisoner said "I will give you thenearest hand to my heart"—they did not shake hands—I went up andpulled Wilson away—the prisoner then pulled a knife from underneath hissleeve and made a stab at me—the knife went right through my shirt—Itumbled and fell down, and no sooner was I down, than Wilson fell on thetop of me, and said "My belly is out"—I saw him stabbed before that, as Iwas trying to get up—he went up to catch hold of the prisoner, and he putthe knife into his belly, and then he fell on me—I saw the knife—this is it—Otter came up and caught hold of the prisoner by the collar, and theprisoner drew the knife right across his arm and cut his arm—Carey thenwent up and made a hit at the prisoner, and he stabbed Carey in the side, and ran away—I did not hear him say a word—the two women stood onthe pathway while this was going on, and they went away.
Cross-examined by the Prisoner.—I have told all I know about it—no onetook hold of me and said I was ill-using you—you threw me down once, nottwice—when we came out of the Bell, I told Wilson to come home to theboarding-house; it was only about fifty or sixty yards off—there was onlyme, Otter, Carey, and the two girls there when Wilson was stabbed, nostrangers, only Mrs. White and her daughter—she brought out a chair for
Wilson—another coloured man came out of the Hoop and Grapes with you, but he went the other way, he did not come down the same way as we did—I am sure you are the man that stabbed Wilson.
By THE COURT. The knife was thrown down on the path, and a manpicked it up and gave it to the constable after the prisoner had run away—I am sure the prisoner is the man that did this; the other coloured manwas older, and his head was bent—he was steward of a ship—I have seenhim out in China—the two women had been in the prisoner's company atthe Bell—we had beer and spirits at the public-houses, but none of us werethe worse for drink.
JOHN COOPER (Policeman K 485). I was at the London Hospital when Mr. Paget, the Magistrate, took down Wilson's examination, and saw Wilsonmake his mark—the prisoner was present and cross-examined him. (The statement of the deceased was as follows:—"That man (pointing to theprisoner) put a knife right into the inside of me. I do not know whatmade him do it I never saw the man before. It was in the street, lastnight I do not know what time exactly. I had not been fighting withanybody. He did not say anything to me. He had two or three shipmates, who stood and looked on at the tame time. Two or three of myshipmates were with me."
Cross-examined by the prisoner—"I am quitesure the prisoner is the man that stabbed me. I was with you in thestreet when it happened—I do not know if the men with you were yourshipmates.")—On Saturday morning, 25th October, about 12. 20, I was in St. George's Street—I saw nothing of the disturbance—the sergeant cameto me and told me that three or four men had been stabbed—I went into Old Gravel Lane, and from there into Pennington Street, and then I sawthe prisoner, that was about 300 or 400 yards from where the disturbancetook place—he was knocking at some shutters—I asked him what he wasdoing there—he said he wanted to go in—he put his hand behind him—I saw something fall, and said "What is that?"—he said "Nothing"—Ilooked on the ground and saw this knife; it was closed—I then caughthold of him, and held him till a man came up—I told him to pick it upand put it into his pocket, and assist me with the prisoner to the station—I told the prisoner I should take him into custody on suspicion of havingstabbed three or four men in St George's Street—the man gave me theknife at the station—I examined it, it was not wet—it had marks on itthat appeared to be blood—it was dry, there was no dampness whateverabout it that I could observe—it had been in the man's pocket—theprisoner was perfectly sober and in no way excited—he had no cap on—hedid not appear exhausted, as if he had been running.
CHARLES MEYMOTT TIDEY . I am a Bachelor of Medicine, and Professorof Medical Jurisprudence and Chemistry at the London Hospital—I receivedthis knife on the 28th—it was then clean, with a red mark in this littleslit—I was requested to examine whether it was blood or not—I examinedit carefully, and found it was not blood, but iron rust—it appeared as if ithad been wiped—if this was the knife that inflicted the wounds on thesedifferent persons, one would have imagined that there would be marks ofblood upon it, but, in drawing it out through the clothes, it might have beenwiped off.
—on Saturday morning, 25th October, about 12. 20, the young man whowas stabbed came to my window, and seeing he was very bad, I fetchedhim a chair to sit on, and two policemen took him away—I had heard adisturbance and went to my door; I saw no fight, but the prisoner was inthe position of stabbing with his arm raised, and I saw him draw his handdown like that (describing it) against Wilson—I did not hear any words—the one who was stabbed in the elbow (Otter) came to look where it was, and I saw the blood running down his arm.
Cross-examined. I did not see you cut anyone; I saw you in the positionof stabbing—I did not see any knife in your hand, it was too dark for meto see it—I heard Wilson say he was stabbed when he came to my window; that was after you had run away—it lasted about four or five minutes—Inever saw you before—I am sure you are the man; I saw the officer bringyou back afterwards—there was a gas-light in the street, and in my window—you were about 10 yards off; I took particular notice of you.
RICHARD HONEYSETT (Police Sergeant K 6). I met the prisoner in thecustody of Cooper, going to the station—Cooper said "All right, sergeant., I have got him, and I have got the knife, too"—the prisoner said "Yes, that is my knife, I bought it two or three weeks ago, it is my sea knife"—when I got to the station I took the knife and held it up to the light to seeif there was any blood upon it, and the prisoner said "It is no use yourlooking at it, there is no blood on it, for I never used it, you have made amistake in the man altogether"—I asked him if he bad a pocket handker-chief or a cap—he said he had got a pocket handkerchief—I said "Will youshow it to me?"—he searched in his pockets and could not find it—I thensearched him and could find no handkerchief—the knife appeared as if ithad been wiped; it was streaked right along—I found nothing on him.
FREDERICK ALEXANDER . I am a stevedore, and live at 83, Cannon Street Road—on Friday night, 24th October, about 11.30, I was in the Hoop and Grapes—the prisoner was there—he came out in companywith two young women—I bade him good night at the door—I had beenlaughing at him inside in the Music Hall—about twenty minutesafterwards I overtook him between Denmark Street and Cannon Street—I was walking steadily home behind them—when we got between Betts Street and Denmark Street, I saw the deceased come from behindme and strike the prisoner in the face—there was a lot of men standinground—a struggle commenced between the two, and they went out intothe road—a man who has gone to sea, I don't know his name, ran outof the road and struck the prisoner two or three times in the ear, andthe prisoner ran away—a policeman came up and asked if there wasanybody stabbed—I heard somebody say "Yes," and the policemanimmediately ran after the prisoner—I don't know which policeman itwas; it was too dark to notice him—I was examined before the Magistrate—I did not know the prisoner before—I. did not belong to hiscompany, or the people with him—I did not see the deceased in the Hoop and Grapes, or any of the others; only the prisoner and the twowomen—this happened about 400 or 500 yards from the Bell—I wentto Arbour Square Police Court, to see whether it was the same manthat I saw on the Friday night; I saw one of the young women in thewitness box—she said "There is a young man behind who saw it," and the constable fetched me in—I was asked to go to the Police Court by ayoung man who sings at the Bell; I don't know his name—I have
known Mary Hassan five or six weeks by sight, going up and down the Highway—I know nothing of Louisa Manning; I never saw her till Isaw her at Arbour Square.
By the Prisoner. There was a great crowd where this took place; Idare say there were twenty or thirty men—I did not see any knife, orsee anyone cut—I did not see anyone fall—after the struggle Wilsonwalked on to the pavement—I told the girls to go away home, and Isaw Hassan home as far as the door.
MARY HASSAN . I am a single woman, and live at 10, Albert Street, Shad well—on Friday night, 24th October, I was at the Hoop and Grapes; there was a rare lot of us there, young men and women—I don't knowtheir names—the prisoner was there; I was drinking all the evening withhim, from 10 till 11—Alexander was there, he was not with me, he was atthe Bell—I did not see the deceased at the Hoop and Grapes—after leavingthere we went to the Bell, me and the prisoner, And Manning, and two orthree more—I did not see Alexander there, he went away; I saw him afterwards, he saw me home to the street door from Denmark Street—when wecame out of the Bell it was just about 12, the house was just closing; Itook the prisoner's arm from the Bell to Denmark Street, I left him thereat the corner and went straight away home—Alexander said to me "Youhad better go home," and he went with me to the turning—I saw himnext morning at the Police Court, and said "There is the gentleman thatsaw me to the corner"
By the Prisoner. I did not see you with any knife, or see any cutting.
By THE COURT. I had known the prisoner before, where I was inservice, two or three months ago—he went to sea, and I did not see himagain till two nights before this—I did not see any quarrel or struggle—Iwas the worse for drink, and did not take notice of what happened.
LOUISA MANNING . I live in the same house with Hassan—on 24th October I went with her to the Hoop and Grapes about 10 o'clock; therewas a dark fellow there, and four other chaps—I saw the prisoner there, drinking—we left there about 11.30 and went into the Bell, just as it wasclosing—I did not see Alexander after he left the Hoop and Grapes—we allleft the Bell friendly together, and walked down as far as Denmark Street, and I saw one of the white men hit the prisoner first; there was a bit of afight in the road, and the prisoner ran away; that was all I saw—I was the worse for drink.
The prisoner, in hit defence, stated that he was attacked by the deceased and his friends, but denied using any knife.
GUILTY .— Twelve Months' Imprisonment.
NEW COURT.—Wednesday, November 26th, 1873.
Before Mr. Recorder.
34. CHARLES CRISP (31) , PLEADED GUILTY to embezzling the sums of 1l. 2s., 1l. 2s. 6d., and 19s., of John Farwig, his master, who strongly recommended him to mercy, and begged that no further punishment should be inflicted on him. To enter into his own recognisances to appear and receive judgment when called upon.
35. JOHN LARKINS (55) , Stealing 13 1/2 lbs., 10 lbs., and 10 lbs. of leather, of Sir William Palliser and another, his masters; and JAMES THOMAS CLIFTON (26), and JOHN PEARSON (23), feloniously harbouring and maintaining him; to which LARKINS PLEADED GUILTY MR. STRAIGHT conducted the Prosecution; and MR. MEAD defended Clifton.
ROBERT CHILD (City Detective). On 24th October I went to Sir William Palliser's premises, 154, Minories, about 7 o'clock p. m., when the menknocked off work—the prisoner Clifton was called into the office as he left, where one or two members of the firm were present—I said to Clifton "Iam a police officer, and in consequence of something that has occurred Iwish to ask you a few questions; first, have you anything about you?"—hesaid "No"—I said "I must search you"—I did so, and found three smallpieces of leather in his trousers pocket—he said "I picked them up offthe warehouse floor, I thought there was no harm in it"—I said "Do youknow a woman named Brown?"—he said "No"—I said "Do you knowanyone living on the Seven Dials?"—he said "Yes, I know Mr. Darling, 17, Little Earl Street"—I said "I want you to tell me all you knowrespecting Mr. Darling"—he said "You will be very much surprised tohear what I have to say; there is a man, an old servant of the firm, whohas been robbing the firm for some time, his name is Larkins; I, with amate of mine, named Pearson, suspected him and watched him; one night, two or three weeks ago, we followed him out, and stopped him and said 'You have something in your pocket you ought not to have, we shall giveyou in charge of the first policeman we see; 'but he begged so hard that wedid not do so, as we ought to have done; a week or two after that we sawhim leave again, and followed him into Holborn, we stopped him and said 'You have got something in your pocket again; 'he said 'No, I have not; 'we then made him show us the shop where he had been in the habit ofselling the leather, and he showed us the shop of Mr. Darling, 17. Little Earl Street; me and Pearson went in and saw Mr. and Mrs. Darling, andtold them they had been receiving stolen leather. Mrs. Darling begged sohard, and Mr. Darling gave us 10s. each, and we said nothing about it Wewent again another night to Mr. Darling, and Mrs. Darling again beggedvery hard that we should not say anything about it, and Mrs. Darling gaveus a sovereign each, making 3l., and we left a paper with Mr. Darling, undertaking not to trouble him again"—While he was saying that, Larkinssaid "I did not take the leather to Mr. Darling's myself, a woman alwaystook it"—Pearson was then called in, and I said to him "I ama policeofficer;" and, as he is rather deaf, I said "Have you heard what I havebeen saying to Clifton?"—he said "No"—I said "Do you know a womannamed Brown?"—he said "No"—I said "Or any woman passing by thename of Brown?"—he said "No"—I said "Do you know Mr. Darling, of Seven Dials?"—he said "Yes"—I said "Tell me what you know"—he said "A man named Larkins has been stealing leather some time, and me and Clifton suspected him and watched him; on two or three occasions I sawhim put something into his coat pocket—and one night, three or four weeksago, me and Clifton followed him out, and told him he had something in hispocket he ought not to have, he said 'Yes, 'and begged very hard of us notto give him in custody, and we did not; another time we followed him into Holborn, stopped him, and told him he had something in his pocket, hesaid he had not; we compelled him to show us where he sold the leather; he took us to Mr. Darling's," 17, Little Earl Street, Larkins remained outside; we saw Mr. and Mrs. Darling, who gave us 10s. each, and we saidnothing about it; when we came outside Larkins was gone, so that I do
not know whether lie had anything in his pocket that night or not; weafterwards saw Mr. and Mrs. Darling, and they gave us a sovereign each"—Larkins was then called in, and I said to Pearson "Will you tell me in Larkins's presence what you have already said?"—he then said "Me and amate of mine have suspected you and watched you, and followed you onenight to Leadenhall Street, we told you you had leather in your pockets, and you took us into a public-house and treated us, and begged us to saynothing about it"—Larkins said "and I gave you a sovereign"—Pearsonsaid "Yes, and you begged hard on account of your wife and family, andwe said nothing about it"—Larkins said "I gave you 4l. 8s. altogether, and that is more than I have received for the leather I have sold, not to sayanything about it, and you promised not to do so"—Pearson said "Yes"—Clifton was then called in—they were then all three together—Clifton said "Me and Pearson followed you out one night, and told you you had leather, and you took us into a public-house and treated us, and begged so bard foryour wife and family that we did not do so"—Larkins said "I gave you 4l. 8s. not to say anything about it"—they looked at each other and said "4l. 8s. is right," and Clifton said "Yes"—Larkins said to one of the firm, "I hope you will forgive me; I have stolen this leather, I promised thesemen not to say anything about it, and I have not taken anything since"—one of the gentlemen said "What is it you have taken?"—he said "Round-ings and patents"—I took them all three to the station, but did not charge Pearson, because it was agreed that he should be a witness, but he wasordered into custody at the Mansion House—there was no solicitor for the Prosecution then, but Messrs. Wontner were instructed next morning at the Mansion House—I searched Pearson's house, and found some pieces ofleather—Clifton picked out one piece, and said "One piece I bought, andthe rest I picked up off the warehouse"—I went to Mr. Darling's and received from him some leather and elastic webbing.
Cross-examined. Sir William Palliser, Captain Palliser, and others werepresent at the interview—no one said that it would be better for Clifton ifhe told all about it—nothing was said to encourage him or Pearson.
THOMAS DARLING . I am a leather seller of 17, Little Earl Street, Seven Dials—as far back as 5th June, some leather was brought to me by awoman named Brown, and she brought more from time to time—I handedover to Child what portion of the leather I had left—I received receiptsfrom her for the money I paid her—on 14th October, Pearson and Cliftoncame into my shop, Pearson said "We are two confidential men in a largefirm and wish to speak with you. Will you come outside with me?"—Isaid that I could not, because my wife was ill, and I asked them into theparlour—Pearson said "There has been a robbery of 400l., and we areinstructed to search it out; we are not to give the name of the firm, asthe firm wish us not to—(THE COURT contidered that this evidence was not admissible against the other two prisoners)—I had transactions with thewoman Brown on 28th June and 19th August—these receipts (produced) relate to the three transactions mentioned when I bought leather of Brown—when Pearson and Clifton came, I handed down the bill file, andthey identified the woman's writing as being an accomplice—they asked meto show them some of the roundings, and I did so—Pearson cut a bit off'one of the pieces and said that it was the cutting of a man who had beenin the firm twelve years—I said I was very much surprised to hear thatthey were Stolen, and I should be pleased to show them anything I had got
—I showed them some elastic, and Pearson cut a piece off it—they wentaway, and Clifton came back in ten minutes, and said "We have beentalking the matter over outside, and we will try and arrange it so as not toimplicate you in it"—they left, and came again next evening, when Pearsonsaid "We have some good news to tell you, we have made up our minds notto go further into the matter. We have seen a party who has given us 3l., and we have seen the man who stole the goods, and have witnessed such ascene in the afternoon. The woman has threatened to take away her life"—they also said that they did not want to get the man turned out of hissituation, he had been there so long—they said that in searching for therobbery of 400l. they happened to get a clue, and would not take noticeof this small affair—they said to my wife "You won't mind him going outnow," and as she was present I went out with them to the Clock House public-house and we had some refreshment—Pearson said "We have been putto a good deal of expense travelling about over this affair," and I gave them 5s. each, thinking that that would defray their expenses—Pearson said "Can't you make it 10s.?"—I gave them another 10s., and they wished megood night and left—on 21st October, about 8 p. m., they came again, and Pearson said "I find we cannot settle this affair unless you give us 30s. each, as you are in a better position than the other party who has given us 3l."—my wife asked them if they could not wait till to morrow, till we hadthe advice of our solicitor about giving the money—Clifton said "No, wemust have it settled in five minutes, and we have a man outside ready totake you"—my wife said "What can you take him for, he has given a goodprice for the things?"—I had to go into the shop then—Pearson said "Wecan take you for receiving stolen goods".—I said "If I give you this moneywill you give me an acknowledgment?"—he said "Yes "I said "Tell methe firm you come from"—they agreed to do so, and Clifton wrote this: "Ihereby undertake not to trouble Mr. Darling any more about these proceedings"—that is signed by them both—I gave them a sovereign, and theysaid that they came from Sir William Palliser's, and gave me the address—my wife told them she should see a solicitor and inquire into it.
Cross-examined. I had known Brown about nine months when she cameto me on June 28th—I do not know what she is; she came very respectablydressed—she said that her husband got up first-class goods for shops, andthat this was stuff he could not use because it was not good enough—shegave no address—it was on 21st October that the name of Palliser was given—I did not go there, but I went to the place to ascertain that there wassuch a place—I thought it best not to go in, because Clifton and Pearsonwould know me—I communicated with Mr. Poncione, my solicitor, a dayor two afterwards, and he went to the firm.
COURT. Q. Had you any suspicion that the goods were stolen? A. Notwhen I bought them—I am quite innocent of receiving them knowing themto be stolen, but I gave this money because they said that they had beento expense; but as they had been to no expense on my account, I ought tohave said "Do your worst."
Pearson's Defence. I did not know anything about the robbery till thelatter part of it, and then I gave all the information I could, and Mr. Darling asked me to come and see him a second time.
GUILTY .— Eighteen Months' Imprisonment each.
MR. BESLEY conducted the Prosecution.
JOHN BLOOMFIELD . I am one of the association called the Orange and Fruit Porters' Gang, which consists of fifty fellowship porters—they earnmoney by loading and unloading fruit vessels in the Port of London—theprisoner has been employed as clerk and manager since 1867—he received 210l. a year, out of which he had to pay two boys—he received all themoneys from the brokers' ships, an account of his receipts and disbursements—if he wanted money he applied to me—I advanced him 80l. in October, 1872, and he gave me this receipt for it (produced)—Mr. Free haslooked into his books since he left—on 31st July we gave him notice toleave, and he left on 6th September—on the night he left he handed overto me 10l. 0s. 3d.—I asked him if that was the correct balance—he said "Yes"—after Mr. Free had gone into the accounts a statement was made out of 127l.—I did not see the prisoner after that till he was in custody, but Ireceived this letter from him on 8th September—(This was dated September 8, and stated: "Dear Jack, I am sorry to inform you that there is adeficiency in my accounts, which I shall expect you to keep to yourself. Iwas surprised when I balanced to-day to find it so, but there it is and itcannot be altered at present. Since the gang so kindly informed me myservices would be no longer required I have been gambling very heavy, andhave got rid of about 500l. Of course you are aware, as well as Mr. Free, that we have during the last three years received from Mr. Grant alarge sum we were not entitled to, that amount you are aware has gone tothe Gang's credit, I have not received one penny. I simply mention this tokeep you silent. If I succeed I will send you the amount I amdeficient. I have pawned my watch to pay my fare to Paris, &c. Signed E. Paskell")—I also received this letter, dated September 26, from theprisoner—(This stated: "I am afraid I shall have to send Messrs. Adams, Keeling, and Grant, the items, and name the amounts you have knowinglyreceived from them which you were not entitled to. You know I havepointed out the discrepancies to you, and you have distinctly said 'Letthem pass, they will not be found out. 'which so far has turned out correct. There is no excuse for you, the amount so obtained has gone direct to yourfund; I have not received one penny benefit, so I think you will have badluck if I bring these matters to light. Would you believe theamounts you have received make a total of 280l.? it seems a very largeamount, but then you know the errors were so numerous. Theamount I consider I owe you is 106l. The 80l. I received from you, which I did not enter, I declare most solemnly was a pure accident, I wasastounded when you produced the receipt. I shall leave London to-night; it is no use your going to expense to try to find me, you will find Ihave got nothing if you do, &c.")—I also received this letter from Newgate Gaol, in the prisoner's writing—(This requested the witness to take the opinion of the men as to whether the prisoner was to be subjected to any further prosecution)—Messrs. Grant have not been defrauded, and the prisoner never said Ia word to me about it—no overcharges have been made to Hunt, or Keeling, or Adams; I have been to all the brokers—the prisoner never named to me Ithat he was overcharging them—I took the opinion of some of the Committee I—these (produced) are the only two books I have had from the prisoner; Ithey are in his writing.
Prisoner. Q. Do you account for this 86l. 4s. 3d. as part of the moneyyou allege I have stolen? A. Mr. Free does; he showed it to you in mypresence—it should have been entered but it is not—I have here thebalance sheet of the Orange Gang, from 2nd August to 6th September—Ican produce other receipts from you, but not now; I think I could produceeight or nine—I did not take proceedings against you when I found the 80l. was not entered, because you made the excuse that it was an error—ofcourse I suspected you bad the money—the letter you wrote to me accusingme of receiving money of the brokers induced me to take these proceedings—I went and saw Mr. Grant; there were no discrepancies in his account, tomy knowledge—you received a great many sums from me to carry on thebusiness, and this 80l. was one of them.
Re-examined. This matter of 80l. was called to his attention before heleft, by Mr. Free, and he said he had not received the money, and asked if I had got the receipt—I produced it, and he said "I never believe I havehad that money"—the moneys of the Association are kept at Mr. Johnson's, in an iron safe, I have one Key and the prisoner had the other—he wentaway on a Saturday, the day his notice expired, and he handed over thekey of the safe—besides the 80l. he ought to have handed over 136l. odd; taking the 80l. from that it would be 56l.—that balance rightly shows theaccount in these two books with that 80l. added.
JURY. Q. Have you any account made out by the prisoner showing thebalance of 10l. 0s. 3d.? A. Yes, that appears by the books and by the balancesheet as well, but not in his own writing.
WILLIAM THORPE . I am a fellowship porter, a member of the Orange Gang, and one of the Committee of the Association—on 15th October Ireceived this letter by post; it is in the prisoner's writing, to the best of myknowledge—(This was from the prisoner to the Committee, requesting them to withdraw from the proceedings against him on account of his mother and sisters, who were in great distress, and stating that he should then be in a position, to obtain a situation and pay the Association the amount he owed them).
Prisoner. Q. Are you the oldest member of the gang? A. Tea—yourfather may have given a few pounds for the tickets and the books, but itwas the trade who gave the work to the gang—one penny in the shillingfrom the men's wages goes into our fund, and you had the handling of it—that penny in the shilling amounts to 200l. or 300l. a year, and we pay 1s. 6d. a week for clerkship.
BAXTER HUNT (City Detective). On 25th September I received a warrantto take the prisoner, and on 31st October I saw him in the Borough andasked him if his name was Paskell—he said "No, my name is Williams, you are wrong; I know Mr. Paskell very well and I believe he is in a littletrouble; you are an officer I suppose?"—I said "Yes," and asked him if hehad any objection to going over the bridge to see somebody who mightknow him—he said that he had the strongest objection—he also said "Meand my wife have been to see Mrs. Paskell in Guy's Hospital"—anotherofficer spoke to him, and I told him he would have to go over the bridge—he consented to go, and afterwards he said "It is all right, I am the manyou want, that is my name, Paskell"—I said that I had a warrant for hisapprehension and that if he liked I would read it to him there—he said "No, I suppose it will be read afterwards"—it was read to him at thestation, and the amount was 126l. 7s. 2 1/2—he said "I was not aware itwas so much, I thought it was about 80l., and that I took; I have had a
great deal of sickness, my wife has been in bed for nine months, and when I was using it I thought I was using my own money; I should have paidthem again if they had given me time.
Prisoner. Q. Who told you I had a wife? A. Mr. Bloomfield, and yousaid so yourself—I saw a lady twice.
Re-examined. The cash receipt does not commence with any balance, itonly sets out receipts amounting to 435l. 8s. 5 1/2 d., and the disbursementsare 378l. 10s. 6d., leaving a balance of 56l. 7s. 5d. and then he has paid 10l. 0s. 3d.—when he paid that 10l. he ought to have paid 56l. 17s. 11d.
Prisoner's Defence. Mr. Free found in my last year's wages-book discrepancies amounting to 150l. This 86l. which is brought forward in thisbook is supposed to be part of what I have stolen, but if last year's wages-book is produced, it will show that the 86l. was brought forward by me, Ihaving paid it out of my own pocket to make the accounts up. Therewas not enough money, and I used money belonging to myself to make upthe payments, and that is brought forward here. When I wrote, I admitted that I owed 156l. I had received money in 1871 and 1872 amountingto 100l., and as I had paid the money out of my own pocket I should havepocketed the 100l., but instead of doing so I wrote it into the account, andkept the 80l. out, so I was cheating myself of 20l. When the deficiencyoccurred, I tried to account for it, but could not till Mr. Wontner producedthe receipts. If last year's balance sheet and wages book are produced, Ithink they will prove that what I say is correct With regard to Bloom-field saying that the men are not of opinion that I should be let off, it isentirely false. One man mentioned something favourable to me, and hewas suspended for a month. He is now present.
Witnessess for the Defence.
WILLIAM JAMES YOUNG . I have been connected with the gang nineyears, and as far as I am aware the prisoner conducted the business in avery straightforward manner—I never had occasion to suspect anything—I have been suspended for four weeks by the committee because I suggestedthat the thing should be expressed as a debt instead of involving a prose-cution—my suspension is a loss of from 8l. to 10l. to me.
Cross-examined. As a member of the gang, I saw the wages-book—Iwas a member of the committee twelve months ago—the wages-book wasin the prisoner's possession—I have not seen it since he left.
Prisoner. Q. Was one of the committee stationed beside me on Saturday night when I paid wages? A. I have sat beside you myself and kepta check in a book which was kept for the purpose—a book was also kept bythe publicans of how much you paid them—those books ought to be here—I have known you to use your own money to pay our accounts with—you mentioned to me, when I was on the committee, that you had to putyour hand in your pocket.
COURT. Q. Was not there somebody for him to apply to? A. Yes, butnot momently.
GEORGE FREE (Examined by the Prisoner). I audited the last year'saccounts—the discrepancies in the wages-book were put to rights—therewas 50l. one way and 40l. another, through errors—the error amountedto 156l.—I pointed out that there was an entry of 80l. in your cash receipts—I put that 80l. into the balance sheet—these accounts were balanced tothe previous month, 6th September—the previous account to that was 2nd August—the balance used to be on 2nd August every year, but now it is on
6th September—you were not discharged till 6th September, but you hadyour notice—I advised you to make the accounts up to that time, becausethe brokers were slack then—the balance then due to you, including yoursalary up to 6th September, 6l. 4s. 7d., was 23l. 14s. 7d., and I put in the 80l.—you claimed 80l. 9s. 8d. more than you ought—I consider that 23l. 14s. 7d. is the amount to be brought forward instead of 86l.—I makethe balance due from you 126l. 7s. 2 1/2 d. on 6th September—it is very possible that the last week in July you received 30l. from the brokers and paidaway 110l.—I pointed out a lot of things to Mr. Bloomfield in the office—there was, I thought, an error of 30l. in Mr. Grant's account, either youor Grant had put it wrong in the books—I told Bloomfield to take it to Mr. Grant, and he did so, and came back and said that Mr. Grant had examinedthe books and found them perfectly correct—I afterwards went to Mr. Grantand pointed it out, and he sent for his clerk and admitted that they hadmade a mistake, and I put it to rights—Bloomfield did that before he hadyour letter, and they returned it as correct, and then we went again andsaw Mr. Grant.
MR. BESLEY. Q. When were you first asked to look into the accounts? A. Three years ago—the balance sheet was made up to August 2nd, and Ithen discovered the 80l. advanced by Bloomfield—I debited him with the 80l., and after that debit was made, there was 23l. owing to the prisoner—the 86l. I find in this book, ought to be 23l.—17l. 10s. was omitted too, itwas placed there for this purpose, that when he retired there should be no salary due to him—after I found out the mistake, I brought the book backto the counting-house—the only materials I had for making them up werethe old balance sheets—the prisoner had 46l. 7s. 8 1/2 d. in the box with hisbooks when he handed over the books.
JURY. Q. Are the books in his own writing?—A. Yes; but I checkeverything by vouchers.
Prisoner. The balances are not brought forward correctly.
GUILTY .— Twelve Months' Imprisonment.
MR. MILLWOOD conducted the Prosecution; and MR. MEAD the Defence.
WILLIAM CASTRO . I am a cabinet maker, of 20, Gloucester Street, Hackney—last Saturday night, about 12. 6, I was in Hackney Road, theprisoner came up on my left side and threw me violently towards the road—I asked him what he did that for, he said that he would very soonshow me, and put himself in a fighting attitude—he struck me, and Idefended myself as well as I could—we fought for some time—he closedwith me and threw me on my back on the pavement—I got up, and wehad another encounter—he again threw me on my back, and put his kneeson my chest—I thought I was almost killed—I felt him tearing my watchand chain from my pocket—I held him against a wall and shouted "Police!"—a policeman came and took him in custody—this piece of mychain and my locket (produced) were picked up and given to me.
Cross-examined. My watch has never been restored to me—there was no crowd.
FREDERICK MUMFORD . I live at 18, Newton Street, Holborn—I was in Hackney Road last Saturday between 12 o'clock and 12.30—I saw Castro and the prisoner fighting—I distinctly saw a watch in the prisoner's hand; I am positive of that.
Cross-examined. I did not see what he did with it, the crowd was toogreat, a tram stopped a yard and a half off.
FREDERICK FITCHETT . I am a musician, of Cambridge Heath Road—I was in the Hackney Road, and saw the prisoner push Mr. Castro, who asked what he was doing—they pushed one another—the prisonerused foul language, and hit Mr. Castro on his face—they fell, andgot up and had another round, and he went down again, and I saw theprisoner's hand on his watch-pocket—I said to, a friend "If he don't takecare he will lose his watch," and when he got up he had lost it—he laidhold of the prisoner, and I said "You have got the right one"—after apoliceman came, the prisoner turned to a man, who I believe was his mate, and said "Will you come up as a witness for me?"but he walked away, and said "I saw nothing of the affair."
GEORGE NEWMAN (Policeman E 210). I heard a disturbance, ran upand took the prisoner—this locket and part of a chain were picked up andgiven to me by a gentleman—he gave me his right address, and his mastergave him a very good character.
GUILTY .— Six Months' Imprisonment.
MR. HUMPHREYS conducted the Prosecution.
GEORGE WILLIAM HARVEY . I am a carman, of Francis Street, Tottenham Court Road—on 29th October I came home, gave my horse and cart to oneof my men to put away, and went in doors—I missed them about 7 o'clocknext morning, and communicated with the police on Thursday—I receivedinformation, and on the Saturday went to Broughing in Hertfordshire witha detective, and saw Crisp and Stebbing—in consequence of what they toldme, I went to a livery stable and saw the prisoner in the van, and the horseand harness in the stable—the horse, harness, and van were worth 70l.—Ihave employed the prisoner occasionally.
SARAH GRANT . I am the wife of a cab proprietor—on 29th October I sawthe prisoner next door to me—he brought a horse from one of Mr. Harvey'sstables a little way down, put it into the van, and went away.
COURT. Q. Was this done quite openly? A. Yes; there were no peopleabout belonging to Mr. Harvey.
JOHN WIX . I am a carman, of 1, Francis Street—on the evening of 29th October I saw the prisoner going into the mews—he asked me where mycousin was, meaning the prosecutor—I said that I believed he had gone home, and asked what he wanted with him—he said that he wanted to see him, ashe was going away with some vans that night—I saw him again that evening, harnessing the horse, and saw him go away—I did not stop him because hetold me he was going with the other man—he has been in the habit ofworking for my uncle as an odd man.
HENRY MARSHALL (Detective. Officer E). On Saturday, 1st November, inconsequence of information, I went down to Broughing, and saw Stebbingand Crisp—from what they told me, I went to a stable and found the horseand harness—the van was in an adjoining meadow—I looked into it and sawthe prisoner apparently asleep—I told him to get out of the van; that Iwas a detective, and should take him for stealing it—he said that he hadtaken it, and that the other two men who were with him knew nothing aboutit—I took him to London, and charged him.
Prisoner. I sent the information to Mr. Harvey—I telegraphed to himin my nickname, as he did not know my right name.
GEORGE WILLIAM HARVEY (re-examined). An anonymous telegram came, but nobody knew who it was from—it was "Horse done up, and got nomoney; we can get help here. What shall we do?"—that was addressed from Broughing, Herts—not to me, but to a man named Wright, in ray employ—I telegraphed to the station-master to find out the name on the ran.
Prisoner's Defence. It was not done with the intention of stealing it, butin a frolic, with the intention of going down to Cambridge and back; butthe horse was done up. It would go on level ground, but not up hill. Something seemed to tell me not to go farther than Broughing, and thencome back. The horse broke down, and I telegraphed."
NOT GUILTY .
MR. COOK conducted the Prosecution.
JOHN HATES . I am a carman, of 28, Essex Street, Commercial Road—on Saturday night, 9th November, soon after 9 o'clock, as I was near Church Lane, four men came up—I cannot swear that the prisoner was one—onetook me round the neck, another put his hand over my mouth, and the othersrifled my pockets and took my money—I halloaed "Stop thief!" and ranafter them, but lost sight of them—two policemen pursued them, and Iafterwards saw the prisoner in custody, but could not recognise him—I hadhad a drop of drink.
Prisoner. I should have had a solicitor, but he told my parents he wasperfectly sure I had nothing to do with it.
Witness. I did not.
JOHN GORE (Policeman H 169). I heard a cry of "Police!" ran to thespot, and saw two men stooping or kneeling on the prisoner, about 100 yardsoff—the two got up and ran away, and two others came towards me; theprisoner is one of them—they got within 50 yards of me before they saw me—they separated just as they got to an alley—I got within 2 yards of theprisoner, when he dodged me and ran back again—I pursued and caughthim—I never lost sight of him, as the alley is in the same direction.
Prisoner. Q. Did not I walk down the alley? A. No, you ran; but just before you were caught you walked.
JURY. Q. Did you see the prisoner leave the prosecutor? A. Yes; thefour men were kneeling on the prosecutor at the end of Church Lane whichruns into High Street—when the prosecutor said that he could not recognisethe prisoner the inspector refused to take the charge, but when we gave ourstatements he put him on the charge sheet.
FREEMAN SHARP (Policeman H 30). I heard cries of "Police!" and sawthe prisoner and a man not in custody coming from Whitechapel Churchtowards us—that is near Church Lane—they turned sharp to the left, andran through Spectacle Alley, which runs into Church Lane again—I saw Gorerunning, and I ran too, and kept him and the prisoner in sight till theprisoner was captured—he was running, not walking—I was only half adozen yards from him when he ran down the alley.
Prisoner. The Magistrate had to tell the constables to be careful what they were saying. Witness. It is false; you gave an address, and we went there, but could not find out anything about you.
NOT GUILTY .
40. ALBERT WALTON (22), was indicted , with a man unknown, forburglariously breaking and entering the dwelling-house of Joshua Smith,and stealing therein sheets, petticoats, jackets, and other articles, his property. Second Count.—Feloniously receiving the same. Third Count.—Feloniously harbouring the said man unknown, knowing him to have committed thesaid burglary.
MR. HARRIS conducted the Prosecution; and MR. MEAD the Defence.
ELIZABETH SMITH . I am the wife of Joshua Smith, of 338, Holloway Road, ladies' and children's hosier—on Thursday night, 16th October, I closed theplace at 11 o'clock, leaving all safe—in the morning, a little before 7 o'clock, I found the windows and doors open, and the place in confusion—I missedtwelve dozen shirts and a great many other articles, and three great coats, and four pairs of boots from the hall, value altogether 150l.—Martin has beento see the house—when I was first taken to the station I had a very strongimpression that I had seen the prisoner at my house.
ROBERT MARTIN . I am a cab driver, of 59, Boston Street, Hackney Road—on the evening of 15th October I was on duty at the Cambridge Music Hall, Shoreditch—the prisoner put his cab behind mine, and asked mewhether I could do a job—I said "Yes"—he said "Will you meet me at Hamblin's public-house to-morrow night between 6 and 7 o'clock?"—I said "Yes"—I did so—he did not speak to me, but said to a gentleman in thebar "This is the cabman"—the gentleman asked me whether I could do ajob—I said "Yes"—he said "Will you have anything to drink?"—I said "Yes, three pennyworth of brandy hot"—he said "Will you meet me at Holloway rank to-morrow morning at 5 o'clock?"—I said "Yes"—he said "Be there without fail" and I was there at 4. 15 next morning—I stoppedtill past 5. 15, when the gentleman came and called me off the rank—I followed him to Mrs. Smith's, 338, Holloway Road—he opened the door with akey, walked in, and brought out a sack full of something and put on mycab—he then went back and fetched another sack, and put it inside—hethen went in again and fetched one or two sacks—he put them inside, closedthe door, got on the box, and ordered me to drive to Shoreditch—when wegot to the Eastern Counties Railway, the prisoner was standing by a public-house, with his hands behind him, or in his pockets—he put up his finger, I stopped the cab, and he got on the box with me, after speaking to thegentleman—the gentleman then ordered me to Stratford—when we got to Stratford railway bridge the gentleman asked me if I would let him have thecab for a minute or so—I said I did not like to, but the gentleman gave mea sovereign, and then the prisoner drove the gentleman over the bridge—he was only gone four minutes, and when he came back the cab was empty—he went with me to Shoreditch, and I gave him breakfast and four shillings—I afterwards described the man to the police.
Cross-examined. I did not notice where the house was the first time Iwent, but I have been there since, and am certain it is the same shop—Icould have found my way there; I did not think it was a robbery, or Ishould not have done it—I don't know whether a sovereign was my rightfare—if he had given me two sovereigns I should have taken them.
JURY. Q. Was there a light in the shop? A. Only a small glimmer, and when he opened the door I noticed as if the gas had been turned down—both the sacks were fall.
WILLIAM WEST (Detective Officer G). On 18th October I received information, and on the 23rd I went to Mr. Cotton's yard, and apprehended theprisoner at 20, Boston Street; he was in bed—I told him I was a constableand should take him for being concerned with another man in committing
a rubbery in the Holloway Road on the 17th—he said "I know nothingabout it, I was not out with my cab that night"—I said "I know youwere not"—he said he was resting—I took him to Holloway Station, andhe was charged afterwards—as I took him to another station he said hewished he had told me the truth about it at first, that he did take the cabfrom Martin, and drove it to a white house, where he left the party—Isaid "Who was the party?"—he said "I am in it, I will stand to it, I willsay no more."
Cross-examined. I said nothing to induce him to say that—I asked himno question at all—Alday did not talk to him that I am aware of—I hadhold of the prisoner's cuff—Alday could not hear all the conversation—Idid not tell the prisoner it would be better for him to tell the truth.
JAMES ALDAY (Detective Officer). I was with West when he was takingthe prisoner—the prisoner said "I wish I had opened my mouth at first"—he spoke to West, and I cannot be positive of the words; I was a littleway behind—I asked him who the other man was, and he refused to giveme any information.
Witnesses for the Defence.
WILLIAM EVANS . I am a cab-driver, of 39, Slater Street, Brick Lane—Iam in Mr. Cotton's service, and so is Martin—on the morning of this cabjob, Martin came to the yard and said "How have you got on, Bill?"—Isaid "very indifferent"—he said "I owe eight bob within a few halfpence"—I said "How did you get that?"—he said "I got a job in Holloway Roadto take some goods to Stratford, and the fellow gave me two quid"—hesaid nothing about the prisoner—I have known him two yean, he is a cabman—Martin showed me something like 2l. or more in our yard, which hesaid he had got for the job.
MARY KITCHEN . I live at 13, George Street, Bethnal Green—my hus-band is a cab-proprietor—the prisoner works for him—I do not know wherehe was on 16th October, but he did not go out with his cab, as that washis rest night.
GUILTY on the Third Count only, — Nine Months' Imprisonment.
MR. BUCK conducted the Prosecution.
MARIE BAGOTTE STERNAY (Interpreted). I carry on business in Brompton Road—I have known the prisoner six months—I employed him to interpret for me about the lease of my house, and I asked him to borrowsome money for me on twelve pawn tickets; this (produced) is a list of thearticles represented by the tickets—I gave him no authority to take thearticles out of pledge, but to borrow as much as he could—I wanted from 20l. to 30l.—I gave him the duplicates on the evening of 1st October, andhe told me he should have the money next day—he did not tell me he hadtaken the goods out of pawn, or that he had obtained a cheque for 20l. forme—I did not see him again till he was before the Magistrate.
Prisoner. Q. Did not I go to Hammersmith almost every day for thepurpose of getting you a house? A. No, you went several times—younever acted as my agent, but I employed you to get money on the tickets, because you had been already with me to the same person—I told you totake me to a person to get a loan on my furniture, as I could not speak
English—you went to Mr. Haynes with me, but the man you introducedto me was paid by me—you also found me a French carpenter—I borrowed 250l. on my furniture, and signed a document for 300l. for three months, payable last month. (The prisoner put a number of other questions to the witness which THE COURT stated were quite immaterial.)
Re-examined. These (produced) are six of the tickets I gave the prisoner—they are all mine—all this employment of the prisoner was before October 1st, and I had paid him for all he had done for me—the aggregate was 20l. in fire weeks—the loan of 300l. was, I think, obtained from the Lombard Deposit Bank, and I paid the bank 50l. for commission; that wasbefore 1st October—Mr. Haynes came and asked me if I had received acheque for 20l., which he had written to my order—I said "No," andwhen I found that the prisoner had endorsed the cheque, I sent a detectiveafter him the next day.
WILLIAM SMITH . I am chief clerk to Mr. Haynes, auctioneer and valuer, of 28, Nicholas Lane—he lends money—the prisoner came to me and saidthat Madame Sternay required a loan of 30l. or 40l.—Mr. Haynes said "Very well; Mr. Smith shall go up, or see Madame to-morrow morning, "which I did, but the prisoner was not present—that was a few daysbefore 1st October—on 1st October the prisoner came again, and said "If Madame deposits security, will you make an advance?—we said "Yes," and he said he would bring some—he called on the 7th, at 4. 45, and saidhe had come from Madame Sternay, and had brought some securities—Isaid "Mr. Haynes has gone home; let me see what you have?"—he produced 10 yards of lace, a silver-mounted fan, three embroidered sheets, andtwo damask table-cloths; the embroidered sheets were exceedingly valuable, I had never seen anything like them before, and they have Madame's mono-gram embroidered on them—the sale value of the whole was about 45l.—I can hardly tell their commercial value—they are lodged with me (produced)—the prisoner asked me for 28l. on them—I said that Mr. Hayneshad left, but I drew him this cheque for 20l. to Madame's order, as she hadbeen a client—it required her endorsement, and I told him to bring me herpromissory note for it in the morning—he did not do so, but called againthree days afterwards, and brought some more goods, on which he wanteda loan of 8l. for Madame, but Mr. Haynes said "I shall have nothing to dowith them; you have not brought the promissory note"—he said "Youshall have it by 10 o'clock to-morrow morning—he did not bring it, and Idid not see him till he was in custody—he did not offer to lodge the duplicates with me, and if he had I should not have taken them.
Prisoner. Q. You don't lend money on duplicates? A. No—I don'tknow whether I was at Southampton on Monday, 29th September—I certainly was at 28, Nicholas Lane when you called—Mr. Haynes declined tomake any further advance to Madame unless he had security—I did notask you to give a bill for 22l. for the 21l.; the cheque speaks for itself.
JURY. Q. What promissory note did you ask for? A. Simply for theamount of the cheque when her bill of sale fell due, and he should haveamalgamated it with the bill of sale and charged interest—I had drawnby private cheque, and Mr. Haynes paid me next morning.
Re-examined. When you lent this money did you believe it was to reach Madame Sternay? A. Yes; when I lent the money I particularly askedthe prisoner whether the goods were Madame Sternay's.
EDWARD DUNTHORN . I am shopman to Mr. Attenborough, of 78, Strand—the prisoner took these sheets and tablecloth out of pawn—there arenumerous dates when things were taken out—three sheets and two tablecloths were redeemed on 7th October, and a sheet, 33 napkins, and 34 towels on 14th October; a tablecloth and two napkins, and a tableclothand 12 napkins on 15th October, all by the prisoner.
Prisoner. Q. There is a ticket for 10l. for a necklace and locket; did Inot pledge them with you? A. I do not recollect who pledged them; youpledged things with me on one or two occasions.
DUNTHORN. I am shopman to Mr. Attenborough, of 39, Duke Street, Manchester Square—I recognise this fan, but not the lace, as wehave a good deal of the same description—a fan in a box, and 10 yards oflace, were redeemed on 7th October—I cannot say whether they were redeemed by the prisoner, or whether this is the lace.
Prisoner. Q. Did I pledge the lace and the fan myself at your shop?—A. Yes; the ticket is in your name.
SAMUEL GIBBS (Detective Officer). On 17th October I saw the prisoner in Camden Road—I told him I was a police officer, and I should charge himwith stealing a cheque for 20l., the property of Madame Sternay, which hehad received from Mr. Smith—I took him to the station, and found on him sixtickets, five of which related to his own property, and some Spanish securitiesand papers which were handed over by the Magistrate to a friend of his.
Prisoner. Q. Did Mr. Lows come with you? A. No; he was no use tome—I could not understand him.
THE COURT to MARIE B. STERNAY. Q. How was it that the fan and lace werepledged in the prisoner's name? A. I had given them to Mr. Lows for thepurpose of pledging, and I don't know how the prisoner got them—Mr. Lows gave me the money—I have never given the prisoner articles topledge for me.
The Prisoner in his defence stated that Madame Sternay had admitted things yesterday which she had denied to-day; that he had worked hard for her lor five months, for which he had only received 14l. 6s., and that his charge was 46l. He contended that the case was the same as that tried yesterdayt and that if he was not guilty of the forgery, he could not be guilty of the robbery; that he had to take out part of the goods or borrow money on them, or produce money for her in the best way he could, and that he had to lay out his own money to take out the goods.
GUILTY .—He was further charged with a previous conviction at Clerkenwell in July, 1871., to which he PLEADED GUILTY. Eighteen Months' Imprisonment.
THIRD COURT.—Wednesday, November 26th, 1873.
Before Mr. Common Serjeant.
42. DAVID VERNER (38) , Stealing 320 lbs. of castor oil and eight tinvessels, of Edward Bowring Stephens, his master. Second Count—stealing 129 lbs. of orange shellac. Third Count—stealing 1 cwt. 2 qrs. 27 lbs. of shellac, and I chest, of the same person.
MESSRS. BESLEY and MOODY conducted the Prosecution; and MR. A.B KELLY the Defence.
(produced) was prepared from a plan of mine of Mr. Stephens premises, Gun Wharf, Wapping—it is correct—(The witness pointed out the position of the wharf and explained the model to the Jury)—the cellar where the oil wasstored was 9 inches below the other part of the cellar, so if any water overflows, it is prevented from running into the cellars by the brickwork untilthere was 9 inches of water there—there is a well to take off the surfacewater—the floor is 6 feet below high water mark, and sometimes thewater finds its way through, and the well is sufficiently large to take thatwater off—there is a sluice about 6 feet from the well to the river front, and no water could flow from the river into the well without the sluice wasopen—the floors are all divided by a wooden partition to keep the bondedpart from the free—the bonded parts are locked up and under the chargeof the Custom House officers—the building has a slanting roof, and theylay planks from beam to beam, and keep the empty cases there.
Cross-examined. I am not aware that there had recently been a raisedflooring in the cellar—I surveyed the place eight months before Mr. Stephenstook it, and it was there at that time—there are stone steps by the sideof the wall—if leaky vessels were placed on the top of those steps thedrainage would, most likely, flow into the well—I examined the brick sillwhen I was last on the premises—there was a brick out, but it would haverequired six inches of water to flow over that.
JAMES HADOW . I am manager to Mr. Edward Bowring Stephens, theprosecutor—business was commenced at Gun Wharf by Mr. Stephens, as awharfinger, on 25th June last—up to the 11th September, when the pri-soner was given into custody; we had had three cargoes of castor oil from the Queen Victoria, the Vibillia, and the Saltwell—those were the only cargoeswe had—the prisoner was engaged at the opening of the wharf as foremanand superintendent—he had charge of the cargoes that came to the wharf—castor oil comes from the ship in wooden cases containing four tins in eachcase—this is one of the tins (produced)—there are never more than fourin a case—we employ a tinman to solder such as are leaky—all the casesare opened, and every tin carefully examined, and where tins are found tohave leaked they are filled up from other tins—that is part of the businessof a wharfinger—tins so emptied are returned as ullage—each tin containsabout forty pounds weight of castor oil—it was the prisoner's duty to makeentries of the cargoes in his book—the repairs are done by the tinman onwhat we call the quay—we have not a quay close to the river side, it is along road to the river—that is level with the street—it is called the Bank, and what I call the quay; but it is really a cart way—no leaky tins wouldgo into the basement, or tins that were known to be leaky—the tins are allweighed in drafts of four after they have been repaired and filled, and thenpiled away in the vaults off the basement—the castor oil in this case wasplaced in one of those vaults—after they have been weighed in drafts offour, the weights are entered in a book called the landing account—theprisoner enters a return of how many sound tins are turned out of thecargo, and also a return of the ullage, and the landed empties—I find anentry of the Queen Victoria, at page nine, of 100 cases, and at page ten, 125 cases; that makes 225 cases, which would be 900 tins—he has returned I 380 tins out of the 100 cases as full and fit for the merchant, and 476 out ofthe 125 case parcel, out of 500 tins—that leaves forty-four tins to beaccounted for by landed empties and ullage—he has entered fifteen ullageand five tins landed empty out of the 400 tins, and fourteen ullage and ten
empties out of the 500—the tins are numbered consecutively in the landingaccount—the first parcel is numbered 1 to 380—for receiving the castor oilfor the purpose of ullage, the tins would be opened where the plate is; where they have been originally filled, and for the purpose of emptying theyare opened at the corner—this one (produced) is properly opened for thatpurpose; it ought to be a little closer to the corner, perhaps; still it is notout of the way—I never knew a tin opened in the way this one is (another tin produced)—there is also an entry in the prisoner's writing of two parcels, 125 and 150 cases of castor oil from the Vibillia—the first parcel is atpage thirteen, of 125 cases from the Vibillia; that would be 500 tins—hereturns 492 as the number made up full for the merchant, and eight tinsullage empty—there are no landed empties in that parcel—the next parcelfrom the Vibillia is on the same page, 150 cases, 600 tins—he returns 591 full fur the merchant, and nine tins ullage empty—at page fifteen, thereis an entry in the prisoner's writing of 100 cases, that is 400 tins, from the Saltwell—he returned 382 for the merchant, six tins ullage empty, and twelve landed empty—there were 225 cases by the Queen Victoria, 275 by the Vibillia, and 100 by the Saltwell, making 600 altogether, which would be 2, 400 tins, and I find 2, 321 for the merchant, which leavesseventy-nine to be returned as either ullage or empties—I searched toascertain the number of tins on the premises, when the prisoner was takeninto custody—there ought to have been seventy-nine empty tins, and therewere only seventy-one, and we found ten opened in this improper manner, apparently with a chisel, the same implement as the others, but opened inthe middle to empty it in a mass instead of pouring it—the prisoner wouldnot be justified at any time in emptying castor oil down the well—this (produced), is a sample bottle, and the merchants are supplied with samplesin these bottles—I never knew of castor oil being put in a wine bottle, ora workman's tin can, for the purpose of sampling—I know a workmancalled Bolton—he was engaged by the prisoner—they are paid by the hour, and it is on the foreman's certificate that they get their wages—Boltonmade a communication to me on the 8th August—I had heard the night before that he had been discharged by Venner—in consequence of what Bolton said, I spoke to Venner on the morning of 8th August—I said "Theman Bolton has been to me this morning and made a complaint that youdischarged him, and used blackguard language to him, and that he complained, and you told him to take his money and be off"—the prisoner saidhe was cheeky, and kept him twenty minutes for some men that he wanted—I said "I am not going to interfere between you and the men, but thisfellow charges you with having set aside a certain quantity of castor oil, full tins of castor oil, and returned them to the merchant as empties. Isthere any truth in this charge that he makes?"—he said "None whatever"—I told him I did not believe the man for a moment—he threatened us togo to the merchants, and report the fact to them—Venner said "I shalltreat the matter with the contempt it deserves, and order him off thepremises"—I told the man to go about his business—the conversation with Venner took place in his own office, and also in the cellar—we continued itus we went down stairs—I pointed out some tins in the cellar, and said "What are those set aside there?"—I found they were duty-marked tins, that is in consecutive numbers, and that satisfied me at that time—when Icame back to the wharf afterwards, I told him the merchants had been informed by Bolton, and that if I could get the complaint in writings we,
that is Stephens & Co., would prosecute for a malicious libel—that was theway we treated it at that time, with full confidence in Venner—I did nothave any conversation with the prisoner about the well—I knew nothingabout that until he was in charge—the value of the castor oil is about 5d. a pound.
Cross-examined. I have been in the habit of seeing tins opened, more orless, for thirty years—I have not seen tins opened in a much roughermanner when they are leaky; you could not 611 an aperture from such ahole as this—there are only ten cases opened in this rough way on thepremises—the number of empties returned by the prisoner was seventy-nine, and there were only seventy-one—that leaves eight to be accountedfor—when tins are empty they are put in various places out of the way—there are a great many people who have business in and out of the wharf—it would be most improper if tins were leaking to put them on the steps ofthe well, because we have got square troughs holding four tins each, thecontents of an entire case, in which leaky tins are put to prevent the loss byullage—if I found any so placed by the well I should find fault with it; it would be a very irregular proceeding—when the Queen Victoria parcelarrived we had not got those troughs; it arrived unexpectedly, and therewas a great deal of loss and waste in the yard and on the quay from thebad condition of the packages—we had given the order for the troughs, but they did not arrive until the next parcel was worked—I have seen castoroil tins placed on the flooring on the way to the vaults, but not leaky ones—I should find fault if I found any there—when Bolton made the complaintmy impression was that it was entirely false, and that impression remaineduntil the 9th or 10th September—in the meantime Bolton had been to themerchants—I called on them the same morning, and one of them complained—I tried to institute proceedings against Bolton the informant—I still disbelieved him, and endeavoured to convince the merchants that it was false—I should not have counted the tins unless there had been suspicion.
Re-examined. We did not count them until the morning after theprisoner was in custody—we searched the premises to find all theempties that were there—the absence of the eight tins would be amatter of suspicion, but we should not have counted them except undersuspicion—some of the empty tins were in one cellar and some in another—strangers never go down in the cellar alone; some one connected withthe concern takes them—cotton is stowed on the wooden platform in thecellar—it would be very wrong to put leaky tins on the same floor ascotton—the tins are repaired up stairs, on a level with the street—thetroughs are used to put the tins in when they are being repaired—untilwe had the troughs the oil ran into the gutters and into the street, notdown the well.
THOMAS BOLTON . In July last I was working at Gun Wharf—theprisoner was superintendent at that time—I was engaged in working thetins of castor oil from the ship Queen Victoria—the prisoner told me totake four tins down in the cellar; they were not marked or numbered inany way—they were sound tins—in the regular course they would not betaken down into the cellar without being marked—they are weighed inbatches of four and marked with the ship's number, the year, and consecutive numbers, taken down in the cellar, and piled away—in this transactionthey were not weighed or marked—I heard no more of them—it was on 14th July I took those tins down by Venner's orders—I remember when
the 125 cases were brought from the Vibillia—I helped to unpack them—six tins were landed empty—the prisoner asked me how many tins therewere landed empty—I told him six, and he said "You go down to the furtherend of the wharf, you will find some empty tins; pick out six of the worstand bring them up on the wharf, and take six full ones down in the place ofthem"—I did so by his orders—the six full ones that I took down had not been weighed or marked—I put them where he told me to put the four, theywere piled along with the four—I can't say the date, but it was about afortnight after the others—he afterwards told me to bring one of the fulltins up to his office, which I did, and then he unlocked his desk and took ascrew-driver and broke a hole in the tin, and he brought out two glassbottles, and got half a sheet of paper and made it like a funnel, and then Ipoured the oil into the bottles and filled them—they were something likepickle bottles—I know how they sample oil; they were not sample bottles; they were bottles that held about a quart of oil each—he ordered me to takethe tin down again, which I did, and placed it along with the others—about two days after that he called me down to him and gave me two canslike bricklayers take their coffee in, and he said "Go down, Bolton, take alamp, and fill these two tin cans and bring them up to me, "which I did—I continued with Mr. Stephens until 7th of August—on that day I badsome dispute with the prisoner, and he told me to go and get my money, and I was discharged—I afterwards complained to Mr. Hadow about what I had seen.
Cross-eaxmined. It was about a fortnight before I left that I was sentdown to fetch the tin up—I thought the proceeding was all right—I did itby my foreman's instructions—of course I knew that sending the tins downstairs and opening them with a screw-driver was wrong, but I was actingunder my foreman's orders—I mean I was free from blame—I thought I wasassisting the prisoner in committing a fraud on his masters—I did not giveinformation because I was not there long enough to see what was done withthe things—I did not know what he was going to do with the tins—my orderswere to put them there, and I did so—of course I thought the foreman wasdoing wrong in putting them there without being marked and weighed—itwas irregular—I thought it was defrauding Mr. Stephens—I was only alabourer there, and I did as my foreman instructed me—I had my eye onthem, and was waiting to see what was done with them, and I should havetold Mr. Stephens of it, but I was not there long enough to see what becameof the things—I was there a fortnight after he filled the bottles with thepaper funnel—I don't know what he did with the bottles—I can't saywhether they were in his office when I left—I did not see them after theywere filled—when he discharged me I informed Mr. Hadow—it was not because he dismissed me; I say I had not time enough—if I had been keptthere at work I should have kept an eye on those things—Mr. Hadow refused to believe me, and I threatened to go and tell the merchants—it wasnot because the prisoner discharged me, but pure conscience—I informedthe merchants because he turned round and defied me to do it—he said "Go to the merchants!"—when I wanted to show where the things wereplaced, and when I had the lamp in my hand and was going down, Vennerwent first, and Mr. Hadow, and when we got down three steps he turned onhis heel and said "I will not suffer Bolton in the vault, neither on the premises," and he gave me a push out of the gate, and I delivered up my lamp-Mr. Hadow went into his office, and then Mr. Venner made use of blackguard
language to me, and said "You can go to the merchants, and I have gotmoney to pay for it" and I went—when I took up the oil he did not say anything about not telling Mr. Stephens or Mr. Hadow—there was no secrecy—there were five or six men in the cellar when I took the tins up, and theysaw me bring them up—they were working on the wharf at that time, aswell as myself—I can't say that they knew those tins were not marked—they were put in one corner, where Mr. Venner told me—they were notcovered over at all—I did not take one of those tins and represent that itwas in a leaky condition—it may have happened that leaky tins have beentaken down into the cellar by accident-1 won't swear that it was not—Ihave had the solderer down there to solder them up—I know the way thesetins are usually opened—it is not an uncommon thing to open them witha hammer—I have seen leaky tins opened with a screw-driver, when wehave been hurried, at this very wharf—I have never yet seen any castoroil kept in a bottle in the foreman's office for the use of the men—I havenever seen a bottle of castor oil kept in the foreman's office; that I swear—I don't know what the prisoner discharged me for—we were landing somegoods, and after we had done that he sent the delivery foreman to me tosend three men down to him; I told two men that I had at the crane, andone who was working at the loophole, to go to Mr. Venner, and about fiveor six minutes afterwards Mr. Venner came up to me and made use of filthylanguage, and said "Go and get your b----money"—I said "I will," and away I went and put on my clothes and went and got my money—up tothat time we had had no disagreement—I helped him to fill the bottles—Idid not think it was my duty to acquaint my employers, I only go by my fore-man's instructions—if I had dictated to him, he would have paid me as hedid afterwards—it looked to me very much as if he was defrauding hisemployers.
Re-examined. The tin taken into the prisoner's office was not leaky, itwas a good sound tin—there was nothing to prevent it being opened in theusual way—I did not notice anything done with the tins beyond what Ihave told you; they were there up to the time I left, except the one I hadseen opened; they were safe up to that time—I don't think they wereleaking at all—I did not see anything of the kind—Mr. Venner objectedto my going into the cellar with him and Mr. Hadow—I was willing to goand show them where the things were—I never saw any tins opened likethis one—I have seen a hole made about as big as a penny-piece; not aslarge as that.
GEORGE TAYLOR . I live at North Street, Hackney Road—I was at workat Mr. Stephens' wharf at the time Bolton was discharged—I was down in thecellar after that and saw two men, Shiels and Luney, pouring somethingdown the well—I could not say how long it was after Bolton bad been discharged, it must have been close on the time—I could not say what it wasthey were pouring—I saw Mr. Venner on the wharf, and he asked me topour some water down, and I said it was no use pouring water down, andafterwards I thought I would explain to him the reason it would not run off, and when I went into the cellar I did not see Mr. Venner, and I went upagain—I did not take any further notice.
Cross-examined. I did not know what the men were pouring down thewell—I have seen water lying 3 or 4 inches deep in the cellar where thecastor oil was kept—that water would flow into the well—that floor is abouta foot lower than the wooden floor, but it is the same underneath—one
part is boarded and the other is not—the water would get to the well indirectly, but not in a quick stream.
Re-examined. I have seen water there almost every time there is anextra flood tide—there was water in it yesterday.
EDWARD BOWRING STEPHENS . I am a wharfinger, and the owner of Gun Wharf—I went into business there on the 24th or 25th June, last—Venner entered my service at that time as superintendent—on 8th August, I received information from Mr. Hadow about Bolton's statement, and on Saturday morning, the 9th, I went down into the basement to examine the well—I put an iron bar down, and found a great quantity of oil in the well—I should say 4 or 5 inches all over, I could not tell exactly—I afterwards made another examination and found it had all disappeared—the water flows in and out of the well with the rise of the tide—I am not aware that there was any flooding in the cellar at that time—if there had been several inches of water in the cellar I should have seen it—at that time. I did not believe Bolton's statement, and the prisoner went on with his duties as usual.
Cross-examined. There was no water in the part where the castor oilwas—I have seen water there during the flood tides; about 14 inches or 2 inches—it gradually soaks away; it can't find its way to the well—itlooked as if there were 4 or 5 inches of oil in the well—it would be difficult to tell, because I must have touched the water—I tried to prevent the oil running down the rod—I had a very high opinion of Venner at that time—slight irregularities occur in the business, notwithstanding all precautions; my wish is that they should not, but they do occur.
COURT. Q. Is the well square or round? A. Oblong, it is 5 feet by 4 feet—2 or 3 inches of oil would be a considerable quantity.
DAVID FRANCIS (Detective Officer, Thames Police). I took the prisonerinto custody on 11th of September—Inspector Reed took him to the police-station, and I accompanied the witnesses—a man named Luney went tothe station—as the prisoner was passing to the room where the charge wastaken, Luney said "Cheer up, I will stick to you, I have said nothing"—the prisoner looked round, but did not speak.
JAMES HADOW (re-called). I find an entry in the Lotting Book in theprisoner's handwriting, at page 17, relating to 200 chests of orange shellacby the Ambassador—it was landed at Gun Wharf on the 1st, 6th, and 11th of August—it was taken on to the top floor, which is used as a floorfor bulking goods—the chests are opened and the shellac turned out on thefloor, and worked in bulk, on account of the coagulation, to separatethat which has become blocked—it is afterwards returned to the cases—the cases are coopered and made perfectly sound—the tare is put on the case before the shellac is returned—the rotation number of the ship, themerchant's import mark, and consecutive numbers are put on each case—those 200 cases are returned to the merchants as 200 chests of two separatemarks of 100 each, after repacking and filling—we did receive complaintsfrom the merchants with reference to the deficiency of shellac, but not inthis parcel—we had no complaint with regard to the Ambassador—I saw aman named Arnold, and he made a communication to me—he was anordinary daily labourer in the service—in consequence of what he said Ifound a chest of shellac—I had several conversations with Arnold in thecourse of the morning of 11th September, and searched the warehouse generally—I found a gunny bag containing a quantity of fine orange shellac
behind some empty packages on the floor, where two other cargoes werebeing worked, one under the superintendence of Arnold, and the otherunder the superintendence of Taylor—the gunny bag was evidently hiddenaway—another bag was found a few minutes afterwards by Mr. Stephens, further back among the empty packages—the two bags together weighedabout 1 cwt. and 17 lbs.—it was fine orange shellac, worth about 12l. or 13l.—these are the two bags (produced)—they were found on the topfloor—two parcels of garnet shellac were being made up at that time; the Ambassador parcel was the only parcel of that description that we had hadon the wharf—I believe the shellac of the Ambassador was on the premises, but it had been returned to the chests, and was made up and ready for themerchant—there were forty or fifty empty packages, behind which the bagswere found—shellac ought never to be put in bags of this description—Iknow of no excuse for putting this shellac in such bags as these—the sweepings might be put into a sack or bag—this (produced) is a sample of sweepings, but the other is fine clean shellac, and should have been returned inthe chests—Arnold had made a communication to me with respect toshellac being put into gunny bags, and I had also had a communicationfrom Taylor to the same effect—I did not speak to the prisoner about whatthey had told me, but I read over to him later in the evening the state-meat they had made, and charged him—he said it was all a conspiracyand a lie.
Cross-examined. The shellac was found on the premises, and in the loftwhere it had been bulked—I am not certain whether any delivery of theshellac of the Ambassador had taken place—shellac was never put into bagsto my knowledge, it would be irregular if it was—if I had found them previous to any suspicion of felony or anything of the kind, I should haveasked Venner what it meant, and told him it looked very much as if hewas going to take them off the premises—it may have occurred before, butit would not be regular, and should not have occurred—they were behindbadly broken chests that were used for firewood, not chests in course ofrepair, had they been I should not have thought it any concealment—theywere broken up and used for dunnage in another part of the warehouse tokeep goods off the floor and for firewood—the bags could only have beenconveyed away by the aid of confederates in the shape of dishonest workmen, who would stow themselves away at night to assist in the robbery—the object of the felony was not accomplished by putting them behind thechests.
Re-examined. At that time the merchants had the warrants for theshellac—the prisoner was not present when the bags were found—I toldhim afterwards where they had been found, and he said it was all a conspiracy and a----lie—he did not say whether he knew where they were.
THOMAS ARNOLD . I am a labourer—I have been employed in the London Docks and the Victoria Docks as a wharfinger—I have known theprisoner sixteen years in the wharfinger's business—he was employed at Butler's Wharf—I was employed at Gun Wharf under the prisoner—I wasemployed in bulking the orange shellac on the top floor—the prisoner toldme to fill a gunny bag out of each pile, and put it on one side—it wasworked in two piles—I did what he told me, and put the two bags about 8 or 10 yards from the pile—part of the cases were tared and marked at thattime, and the filling from the bulk was going on—the cargo was put intothe cases in the usual way—it might have been two or three days afterwards
that the bags were moved—I did not see them again until Mr. Stephens and Mr. Hadow found them—Mr. Hadow found one, and Mr. Stephens the other—I had not said anything at all about it until the bagswere found.
Cross-examined. The bulk was on the floor when the prisoner told me tofill the gunny bags—the men were there at work at the time—the directionswere given to me on the same floor, but the men did not hear them—themen put the shellac in the bags by my directions—there was no secresythat I am aware of—I have never seen shellac put into bags for the pur-pose of being filled into the oases that require raising—the case is broughtto the bulk and filled with a shovel—I did not see the bags again untilthey were pulled out by Mr. Stephens and Mr. Hadow, that was 2 or 3 yards from where I had originally placed them—I have known the prisonera great many years, and have been in other employment with him—I havenot made use of threats to him since we have been in Mr. Stephens' employ—I swear that—I never had a word with the man in my life.
GEORGE NADAN . I am a clerk at Gun Wharf—it is my duty to be present at the weighing, and make up the landing account for the merchant—this is the landing account made up by me of the cargo of the Ambassador offine orange shellac—the account was rendered to the merchant on 16th August, at that time the whole cargo was supposed to be packed, and thereturn made to the merchant.
EDWARD BOWRING STEPHENS (re-called). I found one of these bags ofshellac on the 11th September, the day the prisoner was charged—I hadbeen in communication with Mr. Hadow before I went to make the search—I found it on the top floor, a few yards from the loop-hole, amongst brokencases, or what I might call a lot of rubbish—the loop-hole is on the side of thewater, the water which runs up at the side of the wharf—there is a craneby which goods are lowered—Mr. Hadow showed me the bag he had roundabout a quarter or half-an-hour before.
Cross-examined. My impression is that the loop-hole was open, but Ican't say for certain; it was not being used at that time—the rubbish wasbroken cases; lots of cases come in very bad condition, and we can donothing with them but break them up—I know the two bags were foundabout the same place.
JAMES HADOW (re-called). On page 27 of the Lotting-book there is anentry by the prisoner of 400 chests of garnet shellac by the Malta for Benicke & Co.—the ship's number is 187—the result of the working was 355 chests; they were numbered consecutively after being weighed in theusual way—the lotting account was furnished on 4th September—the cargowas landed on 28th and 30th August—on 3rd September we received acargo of garnet shellacex Mysore—part of that entry is in the prisoner'swriting—he was in custody before the making up of the Mysore cargo wascompleted—we received 300 chests by the Mysore, consigned to Benicke & Co.—the ship's number is 186—on 10th September we received a letterfrom Mr. Hawke, in the employ of Benicke & Co.—I read it to the prisoner—that was before I saw the chest that was afterwards found—(Read: "Tothe Superintendent, Gun Wharf. On looking into the landing account ofour 400 chests we find the loss in weight is so extensive, we fear there must be some mistake in the weighing; the net shipping was 605, and yourreturn is 572, being a deficiency of upwards of 5 per cent, whilst all our othershipments of the same markets come within 2 per cent. loss. Please to look
into this matter, and let us have an answer.") I asked the prisoner how hecould account for it—he said there must be some mistake in the Calcuttaweights, the invoice shipping weights—my reply was "Hardly likely, Venner, as they weigh there so particularly to half a pound"—he then said that someof the chests might, in the cramped space in which we were working, havebeen run into other piles by accident—I said "It is a lame excuse, it is possible but not probable"—nothing more passed between us—I was on the wharfby 8 o'clock the next morning; the prisoner was there at work—at that time the Mysore cargo was being bulked and finished, and the Malta cargo hadgone—in consequence of what Arnold said I made a search, and found thischest of shellac (produced) amongst the empty packages—I saw the word "Malta" in pencil on one side of the chest, and "No. 187," the ship's rotation number—the tare was marked on it, 1 qr. 8 lbs.—I fetched a blackbrush and put a large star on the end of the chest and left it, with ordersthat it should not be moved—I gave those orders in the hearing of all themen who were working in that gang—about half-an-hour afterwards it hadbeen removed, and I found it at the end of the adjacent room, with theword shellac written on it, and "B. S." and "A. C." a diamond, "142" and "186," the No. of the Mysore, which was being bulked—B. S. and A. C. isthe trade mark of Benicke's—the weighing and marking of the Mysore cargo was going on at that time—I left the chest there with orders that itshould not be run to scale—I afterwards found it had beeu scaled and thegross weight put upon it, 1 cwt, 2 qrs., 27 lbs.—I found it had been placedwith the consecutive numbers of the Mysore—I communicated to Mr. Stephens as soon as he came to the office, and the prisoner was given intocustody later in the day.
Cross-examined. The cargo of the Pendragon was being worked at thesame time as the Mysore—it is quite the exception that we find shellaccargoes in excess of the invoice—the Mysore cargo was in excess of theinvoice; the chest in question helped the excess—it was just as much anunaccountable excess as the Malta was an unaccountable loss—I decidedlythink there is a relation between the excess and the deficiency—Arnoldtold me he put the pencil mark on the chest; they are in printingletters—I did not tell the prisoner that the chest was not to be moved—the first thing I saw among the packages was an entire chest, which hadbeen coopered—that attracted my attention—I had several chests of theparcel weighed about which we had had complaint—I found the weightson the chests correct with the landing account.
Re-examined. I did not expect when I pulled the chest out to find anypencil mark on it—Arnold told me that after I had pulled the chest out—he was present.
THOMAS ARNOLD (re-called). I saw the chest that was found, and saw the word "Malta" upon it—I put it on, and the rotation number of the ship—I was present when it was found; Mr. Hadow asked me if I knew anything about it, I said "Yes; you had better refer to Mr. Venner"—I did not tell Mr. Hadow about the pencil marks until he had found the chest—Mr. Hadow put a star on it with a paint brush, and gave directions I it was not to be moved—I saw the prisoner about half-an-hour after that—he came up to the case and said "Have it away, it belongs to the Mysore"—I told him Mr. Hadow's instructions were not to have it moved—he said I "I am master; go and do as I tell you, "and someone took its on to the I other floor—I saw it marked afterwards, but not weighed.
Cross-examined. It was pat on a truck and taken to the other end of thefloor, where the Mysore cargo was.
JOHN MURPHY . I was at Gun Wharf on 11th September—I markedthis case with the word "Shellac" and "B. S. & A. C., "by Arnold's orders—I said before the Magistrate that it was by the prisoner's orders—but Iconsidered it afterwards, and thought it was not right, because I knew it wasthe ganger.
GEORGE NADAM (re-called). Part of this landing account is written byme, and part by Mr. Langdon, my fellow clerk—I made the last entries—it was made up ready for the merchant on 17th September—six days afterthe prisoner was in custody—the floor was then cleared of the Mysore cargo—I find 142 entered among the consecutive numbers, but Mr. Langdon didthat.
JOHN BROWN LANGDON . I made this entry, No. 142, and the weightlowt. 2qrs. 21 lbs.—I stand close to the weigher, and take down theweights—No. 142 was scaled and weighed in my presence—I did not noticethe star mark on it, and passed it in the ordinary way.
Cross-examined. I am supposed to look at the weights—it might passwithout, because we take the weigher's statement—I have not knownarticles pass the scale without being weighed.
WILLIAM HERCULES HAWKE . I am clerk to Messrs. Benicke & Co., of Moorgate Street—it was part of my duty to examine the landing account, and compare the weights with the invoice weights—I receive a landingaccount of the shellac out of the Malta, and also out of the Mysore—theordinary deficiency on a cargo is about 1 1/2 to 2 per cent—in the case ofthe Malta, the deficiency was about 5 1/2 per cent—that would be a ton anda half—in consequence of that I wrote—the letter to Mr. Hadow, which hasbeen read—I had the quantities of the Mysore—there is no deficiency; itis slightly under 2 per cent above the shipping weight—that would beabout 8 per cent.—in the ordinary course of things there would have beena deficiency of 1 1/2 or 2 per cent—that would amount to 6 or 7 per cent, under instead of 8 over.
Cross-examined. It is customary there should be a deficiency, but it isvery trivial, under a quarter per cent—we have received a supplimentaryaccount from Messrs. Stephens with reference to the Mysore cargo.
Re-examined. Our complaint was with regard to the Malta cargo—thesupplementary account has reference to three cases which were on boardthe Mysore, and were afterwards landed.
The following Witnesses were called for the Defence.
GEORGE YATES . I am employed at Gun Wharf, and assisted in drawingsamples of castor oil with Bolton—they were all drawn on the bank in thewarehouse—I can't tell you the date; it was the Queen Victoria cargo—thetins were afterwards placed in the cellar—they were not all sound; theywere in very bad condition and leaky—a great many tins were taken downwithout being weighed, in fact they were all taken down without beingweighed, and they were weighed, marked, and numbered downstairs—I havebeen in the wharf since it opened—I saw leaky tins from that cargo placednear the well—at that time I did not know there was a well there, but theywere taken from the bank to the bottom of the stairs and placed there—I
know where the well is now—the drainage from the leaky tins would gointo that well—they were put there to prevent the oil running over theplace—I have seen cases opened with the first thing that came to hand—Ihave myself used a coal chisel and a soldering iron to open the ullages—the solderer used to come occasionally—he was not a regular workman atthe wharf.
Cross-examined. I was a labourer—my attention was not drawn to thismatter until the prisoner was in charge—the Queen Victoria cargo arrivedat the wharf on a Saturday—the tinman did not come till the Monday—Iwon't swear that all the cases did not stand on the cartway level with thestreet—the oil was running in the gutter and in the street—the tinmanwas repairing some while others were being taken to the cellar—but I sawhim at work in the cellar on Monday and Tuesday—they were not all repaired on the cartway—I saw him mend three or four cases in the cellar—I was stowing the tins there—they were three or four which had escapedattention on the quay, and were taken down leaky—cotton was stowed inthe basement—I have seen the well since; it would take a lot of castor oilto fill it—the cases are not always weighed before they are marked—theyare marked and weighed at the same time—I have broken tins open onseveral occasions—I generally strike them at the corner—I have neverstruck a tin in that way myself.
Re-examined. I have opened tins with rough tools in a rough manner.
CHARLES PERRY . I am a labourer at Gun Wharf—I have seen tinscontaining castor oil placed in the basement, leaky ones, and put on oneside until the tinman repairs them—I know the well at the foot of thestairs—I have seen leaky tins placed at the top of the steps that lead tothe well—I have seen tins opened with a rough instrument—I saw a manjob a hole with a soldering iron in the top so as to sample them—thatwould make a square cut, not so large and jagged as this.
Cross-examined. I was employed in working the three first cargoes at Gun Wharf—I don't know the names of the ships, I can give you therotation numbers—I don't know where the tinman repaired the Queen Victoria tins because when I was called to weigh the castor oil in the cellarthe tinker had done most of the repairing—the weighing machine was atthe entrance of the vault—the tins were passed as being in good repairbefore they were brought to be weighed—my instructions were to see thatthere were no ullages, and if there were to return them to be filled up—the sample is taken before the tins are weighed, and the hole is solderedup again—a great many tins by the first ship were found leaky after theyhad been stowed away; the second ship was not so bad—I should not makea hole in a tin like that myself—I have seen similar holes within the lastmonth—if the hole was for the purpose of pouring, the nearer the cornerit was the better it would be.
PATRICK SULLIVAN . I have worked at Gun Wharf, and have been in the habit of seeing castor oil tins—I have seen tins stored in the cellar—I have never seen tins placed near the well or at the top of the staircase—empty ones have been thrown down in the cellar—I have frequently seen them opened, but never with a rough instrument—I never saw a screwdriver used—I had nothing to do with the opening, I had the job of wiping them.
Cross-examined. The ullages are opened at the corner, and poured into the tin which is opened at the place soldered up before.
JAMES HARTICAN . I am a labourer at Gun Wharf—the tinman used toopen the tins—he took the round cap off when they wanted filling up, and they were, broken at the corner for the purpose of pouring—I neversaw any of these oil tins down in the basement near the steps leading tothe well.
GEORGE FUSSELL . I work at Hartley's Wharf—I am acquainted withthe working of castor oil tins—I have seen tins opened with a hammer; ifthey are leaky I should knock a hole in them with anything to get the oilout—I have often seen that done.
Cross-examined. The object was to save as much oil as we could bypouring it off into another vessel—we always make a hole at the corner forthe purpose of pouring—if there was a hole in it like this I should makeone at the corner as well.
WALTER WHITESIDE . I am a colonial sampler at Butler's Wharf—I amacquainted with the manner of opening tins of castor oil—we use anythingwe can get hold of to open them if they are in a leaky condition, and thehole made is often a rough one.
Cross-examined. I have been employed at Oliver's Wharf also, which isnext to Gun Wharf—I have not seen any of my masters here—we don'talways make the hole at the corner of the tins because we turn the contentsinto tubs; as a rule we make the holes at the corner.
HENRY ALBERT . I hold an appointment at Davis's Wharf, and havebeen there twelve years—I am well acquainted with castor oil tins; wegenerally open them by driving a hole with a kind of marling spike—if thetin was leaking I should open it as speedily as possible in order to securethe oil.
Cross-examined. I should open it wherever the oil laid—I don't knowthat I have seen one like that before.
WILLIAM THOMAS BAKER . I am manager at Springall's Wharf, andhave been there sixteen or seventeen years—I am acquainted with thecolonial trade—I have frequently seen castor oil cases opened with roughinstruments, such as hammers and screw-drivers, in cases of leakage.
Cross-examined. Very little castor oil passes through my hands—I havenot had a cargo for some few years—if I wanted to fill up the tin I shouldcut off the cap, but if it was leaky I should make the hole so as to getthe oil out as quickly as possible—I think I might say that I have seen atin opened in the way this one is—I have seen tins like that in the London Docks—we have proper vehicles for containing oil, and we should drain theleaky tins into those.
WILLIAM PERRETT . I am tinman at Gun Wharf—I have frequently lent Bolton a hammer to open tins of castor oil—I have opened tins with ahammer myself—I have had tins brought up from the vaults for me torepair, and I have also gone down to repair them when they have beenin a leaky condition.
Cross-examined. I repaired the tins of the Queen Victoria on the cartway; four or five tins sometimes pass the scale which turn out to be leakyafterwards, and then I am called down in the vaults to repair them, orthey are brought back to me.
Cross-examined. We generally cut a hole in the middle—the prisoner
was an older servant at Butler's Wharf than I am—I don't know of his master or anyone coming here to speak for him to day.
ALFRED CLAY . I am employed at Gun Wharf—I have worked at the castor oil—I have seen tins opened with hammers and chisels, but they are generally opened at the corner—I have seen tins down in the basement; I was two days myself in the cellar, stowing oil—I don't know where the well is—I know the stairs; I have never put oil tins at the bottom of those stairs.
Cross-examined. We use a shovel for filling the cases, but after they were moved it would shake down, and we used to carry the shellac in bags for the purpose of filling them up—I have seen as many as three bags used—it was not kept in the bag, it was emptied into the chests.
Cross-examined. When the bulk is worked up the bags should be empty and the floor, too.
Cross-examined. If I were running oases away from the pile, they would take a little more perhaps instead of carrying a shovel or two, I should put it into the bags, or the outside of the bags—I never saw a tray—there should be none left when the cargo is worked up.
Crow-examined. When the cargo is finished there would be an end to the use of the bags—I never used bags when the chests are filled close to the pile.
Cross-examined. It is three years ago since I worked any shellac—have seen several cargoes, and have permitted gunny bags to be used—sometimes the cargo is very free, and the freer it is the more difficult it is to get back into the cases, and in filling the oases you don't get half the quantity back, and it is necessary to raise the cases, and after filling at the bulk we remove them on one side, they are shaken down, and we get five or six gunny bags, perhaps, and fill the cases by degrees—they are used while the working is going on, and when the cases are taken a distance I from the bulk—by raising I mean enlarging the cases.
The prisoner received a good character.
GUILTY .— Eighteen Months' Imprisonment.
Before Mr. Justice Quain.
MR. COOK conducted the Prosecution; and MR. RIBTON the Defence.
The Jury in this ease being unable to agree were discharged without a verdict.
Before Mr. Common Serjeant.
45. THOMAS CARR (30) , to three indictments for stealing locks, planes, screw-drivers, andother articles, of Thomas Flight and another.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. COLERIDGE and COOK conducted the Prosecution.
STEPHEN KELSON . I am barman at the Ship, Finsbury Place—on 5th November I served the prisoner with a half-pint of beer; he gave me a badsixpence, it bent very easily in my teeth—I gave it back to him; he put it inhis right hand pocket, and took out a shilling which he gave me; that wasbad also—I bent it and took it to my master.
JOHN CHARLES BELL . I keep die Ship—on 5th November Kelsonbrought me a bad shilling, and I said to the prisoner "Where is the sixpence my lad has just given you back?"—he said he did not know—I gavehim in custody, with the shilling—we swept the place, but could not findthe sixpence.
Prisoner. You tore my pocket in getting the sixpence out of it.
Witness. I did not.
THOMAS SAWYER . I am a labourer—I was in the Ship on 5th November, and saw the prisoner give sixpence to the barman, who bent it—the prisonerafterwards pulled out a shilling and gave it to the barman—Mr. Bell cameout and asked the prisoner for the sixpence—he appeared to know nothingabout it; but he put his hand in his pocket and pulled out anothershilling.
Prisoner. Q. Did not the landlord put his hand in my pocket? A. No, but he held your hands up, lest you should put them in your pocket.
CHARLES TAYLOR (Policeman G 112). I took the prisoner—he said thathe had not had the sixpence, and had not seen it—I received this shilling (produced)—I found on the prisoner 8 1/2 d. in bronze, but no sixpence.
Prisoner's Defence. The man took the sixpence out of my pocket, and itought to be produced.
GUILTY .—He was further charged with a like offence at this Court in February, 1870, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment.
MR. MOODY conducted the Prosecution.
ELLEN BAMMANT . I am a widow, and keep a chandler's shop in Church Street, Lambeth—on Saturday, 8th November, I sold the prisoner two eggsfor 2 1/2 d.—she gave me a half-crown, I gave her two shillings, a threepennypiece, and a halfpenny—she did not pick them up, but asked me to giveher a florin instead of the two shillings—I gave her a very bright florin, she picked it up, and then said that the eggs were too dear, she would nottake them, and put down a very dull florin, with a halfpenny on top of it
and a threepenny piece by the side of it, and asked for the half-crown—Itold her that that was not the florin that I had given her—she said that itmust be, for that was all the money she had got in the world—my daughtercame in and said "What have you got in your left hand?"—the prisonersaid "Nothing"—my daughter forced her hand open, and there was mygood florin—the prisoner then begged to be forgiven as she had two sickchildren—she said that I might keep the half-crown—I gave her in charge, with the two florins.
Prisoner. Q. Was I aware that you had a 2s. piece? A. Very likely, because I tools my money out of my pocket.
ELLEN LEWIS . I am married, and am the daughter of the last witness—I was in the shop and saw her give the prisoner a very bright florin, which she took up with her right hand and put it into her left hand—shethen put a florin, a threepenny bit, and a halfpenny on the counter, andasked for the half-crown back—my mother said the florin was bad—I askedthe prisoner what she had got in her left hand—she said "Nothing"—Iasked her to open her hand; she refused, and I opened it and found theflorin—she then begged to be forgiven, and said that we might keep thehalf-crown if we would let her go, as she had done it through poverty, hav-ing two sick children—I took her into the back-room; she struggled, but Ikept her there till a constable came.
Prisoner. Q. Did you push me in the back-room? A. No; you had abag on your arm.
JAMES BLOOMFIELD (Policeman L 137). I took the prisoner, and askedher what she had about her—she said "It is no use your looking, I have nomore about me"—I examined her, and found 1l. 6s. 9d. in silver, all good, chiefly florins and half-crowns—I produce the two florins.
Prisoner. Q. Did not I say that it must be a mistake? A. Yes; yousaid "It must be a mistake, as I have not got a two shilling piece," but afterwards you gave me several.
Prisoner's Defence. I had about 50s. in good money, and instead of goinghome I went and got tipsy. I remember changing a half-sovereign, butwhere it was I don't know. I don't know where I got the florin.
GUILTY — Nine Months' Imprisonment.
MESSRS. METCALFE and SLADE conducted the Prosecution; and MR. HARRIS the Defence.
GEORGE DUMELDENGER . I am principal clerk in the Foreign branch ofthe General Post Office—these letters (produced) arrived from Sydney on 30th September, at 6. 40 a. m., their weight is under half an ounce each, and 1s. postage has been paid upon each of them, though 9d. would havebeen sufficient—here are two sixpenny stamps on each—they had no markof deficient postage on them when they came to me—they would be sentfrom the London Office to Richmond about 12. 20 on the day of their arrival—we stamp letters in the London Office if there is more to pay on them—if we have any reason to suspect that letters are insufficiently stamped weascertain it, and then they would bear the stamp mark of our office.
Cross-examined. It is possible for letters to pass through the Londonoffice insufficiently paid—if those letters were insufficiently paid they would
be so stamped in Sydney—it would not be written, but stamped—it is just possible for letters to leave the London office insufficiently paid without any such stamp, but both these letters are overpaid.
HENRY WHITTINGHAM . I am a clerk in the foreign branch of the Postoffice—I received the Sydney mail on 30th September at 6. 40 a. m.—if any letters are charged with insufficient postage, I enter them in this book (produced)—there is no entry here of any charged letter by that mail.
Cross-examined. It would not be possible for a letter to escape me if it was stamped by the Sydney office—therefore I can say that no letter insufficiently stamped came by that mail.
GEORGE BURDEN . I am a clerk in the Richmond Post-office, engaged entirely on postal duties—the office is kept by Mrs. Brooks—the prisoner was one of the rural messengers employed between Richmond, Petersham, and Ham—he was on duty on 30th September, making two deliveries, one in the morning, and one shortly after 1 o'clock—the two brothers Wilmot sort the letters to the different districts—they were at work on that dayletters insufficiently paid would be delivered by me to each letter carrier, and the other letters not marked would be sorted by the letter carriers—on 30th September I delivered one letter to the prisoner as insufficiently paid 1d. on the second delivery, but there were more insufficiently paid in the morning delivery—I find his signature and mine for the penny on this bill (produced)—I also find the penny entered as paid over to me, and my signature to it—nothing is said about any shilling letters—if these two letters had borne on the face of them "1s. to be paid extra, "I should have included them in this bill—that would have been 2s. 1d.—I delivered to other letter carriers other letters on which charges were to be made—these two letters were not delivered by pie in this state to the prisoner, and if they did not arrive from London in this state, neither I or anyone in the office had a right to charge them—this "Is insufficiently paid "is not my writing—I heard next morning of an inquiry being made by young Mr. Brooks, and the prisoner and the other men were called in to state what they had received—Mr. Wilmot said "Men, I want you to recollect what charges you had yesterday"—the prisoner answered "A penny"—I at that time remembered that I had received a penny from him—he said nothing about receiving two shillings—on 17th October a gentleman came from the Postoffice—I was sent for, and Mr. Forest said, in the prisoner's presence, "Burden, Mr. Griffiths wishes to settle this two shillings on you"—I said "He can't do that, for several reasons"—I explained that if the charge was made in London the amount would have been stamped on the face of the letter and not on the back—these letters are stamped on the back—I should not write "Insufficiently paid"—it would be stamped—and the reason I gave was that if there had been two shillings charged, I should have put the two shillings on the bill, and I produced the bill to Mr. Forest with my writing and his writing on it—that was the only mode for the prisoner to discharge himself—that was the first day on which I heard any suggestion that the prisoner had paid me the money—he did not pay me the two shillings—he had no right to mark the letters himself or to charge them.
Cross-examined. I had been there a week, and he has been there over three years—I had no disputes with the prisoner during that week, but I believe there was a dispute two or three days before with regard to a penny charge which they said they had paid me—the elder Wilmot occupied a position above the prisoner, and the prisoner was above the younger Wilmot
—I delivered letters in the morning to the two Wilmots, to be sorted, andthey delivered them to the letter carriers—there are ten letter carriers andrural postmen—in some cases money is received from the postmen beforethey go out, on letters that are undercharged, out of their own pockets—letters prepaid by the postmen would be entered on the way bill; I didstate the contrary, but I did not understand; I believe it was not so previousto my going there, which was on 23rd September—there was a slate in theoffice for entering charges which were not paid by the town letter carriers, but that was not used by the rural deliverers—I believe the prisoner hassaid that he gave me a half-crown for the two letters, and that I gave himback a sixpence—I am prepared to swear positively that he did not do so—I swore before that I did not remember his doing so—my knowledge isderived in a great measure from the bill, but not entirely—I have a greatdeal of business to attend to.
Re-examined. There are a number of town carriers in Richmond withwhom the practice is different—this bill is made out chiefly to check thehour of arriving at and leaving the walk—I did not receive any money onthat day from the prisoner in respect of overcharge but the penny I havementioned—if my attention had been called to it next day I should havebeen able to tell accurately what coins he had given me, but he never saidtill 17th October that he had paid the money to me—if he had paid me 2s. either before he went out or after his return, he would have required me toenter it for his own protection—if I had received a half-crown from him Ishould have paid him back not 6d. but 5d.—I had been in the post-office at Leeds for two years, after which I went abroad for my health—if the prisonerhad pre-paid the money it would have been entered on the bill.
MR. HARRIS. Q. Are you sure the penny was pre-paid? A. No, it waspaid on his return—it was on 17th October, after he was given in custody, that he said that he paid me.
SARAH LEATHAM . My husband is a bricklayer, at Petersham, and livesat Ham—on 30th September the prisoner brought me these two letters, and wanted 2s. for them; I asked him what for, he pointed to the letters, andsaid that they were insufficiently paid; I afterwards sent to the Petersham Post-office—I saw the prisoner again next day, about 8 a. m., and toldhim my husband was not satisfied with the letters, and I was going to sendthem back to the General Post Office—he said "That is the best thingyou can do"
Cross-examined. He has delivered letters there for two or three years.
GEORGE BISLEY WILMOT . I am head letter-carrier at the Richmond Post-office—it is my duty, with my brother, to sort the paid letters into thedifferent districts—those on which charges have to be made go to Mr. Burden, and as a rule they come in a special parcel—Mr. Burden woulddeliver them to the different letter carriers—I sorted the letters on 30th September, and delivered some to the prisoner's walk—if they were endorsedin this way I should not have given them to the prisoner; I should havehanded them to Mr. Burden, supposing they had got among the other letters—next day, 1st October, the men were in the office, and I asked them whatmoney they had received the previous day for extra postage—the prisonersaid "A penny"—this was about 1. 15 or 1. 20—I am quite sure it was after 8 a.m.—the prisoner said nothing about 2s.—I asked him "Both deliveries 11—he said "Yes"—Mr. Burden was present—on 17th October Mr. Forestcame down and said "Mr. Griffiths, what is this about Mrs. Leatham's letters;
you appear to hare charged them I"—he said "Yes," and that Mrs. Leathamhad paid him 2s., and he had paid it to Mr. Burden—Mr. Burden was thencalled in, and Mr. Forest said "Mr. Burden, Griffiths wishes to saddle thisupon you about these two letters"—he said "He can't very well do that, forseveral reasons"—I think Mr. Burden repeated to Mr. Forest what hadhappened in the letter-carrier's room, and be mentioned the entry in thebill—I have been nearly nine years in the office, the prisoner has been therethree years, and I have seen him write—I believe the words "Insufficientlypaid, "on these letters, to be the prisoner's writing—these three letters (produced) are written by him—17th October was the first time I heard theprisoner say that he had received the 2s. and paid it over to Burden—it hadnot been discussed by the letter-carriers during that time—the prisoner hadnever mentioned to me that Mrs. Leatham had complained, and said thatshe was going to send the letters to the head office.
Cross-examined. From 1st to the 17th October, when his attention wascalled to it, there had been no discussion about it to my knowledge. Burdensaid that he could not have paid it for several reasons, but he never saidpoint blank that he did not—the prisoner said it to Burden's face, and Ibelieve Burden said "I can't remember receiving the half-crown; I receivedthree or four sums that day for excesses"—there have been disputes beforewith regard to mistakes on excesses—I don't remember any dispute withmy brother on the Tuesday, or with any letter carrier; it is some timesince there has been any dispute to my knowledge—the money paid by thetown letter carriers previous to going their rounds, would be entered on aslate and wiped off when they paid the money—the payments are some-times made before they go out, and sometimes not; if they have the moneythey pay—if they do not pay before they-go out it is put down on the slateand they pay it when they return—the penny would be money unpaidbefore the prisoner went out, no matter who it was—if a postman paid 2s. before he went out and 6d. when he returned, he would say "Half-a-crown"
Re-examined. My question was "How much money have you men re-ceived? and the prisoner's answer was "A Penny"—with the rural lettercarriers this plan is adopted instead of a slate, they carry this bill withthem and when they come back they sign their names on it, and Mr. Bur-den signs a receipt for the money; that concludes the transaction—mybrother John was not in a lower position than the prisoner—I assisted ingetting the prisoner into his present position.
JOHN WILMOT . I am a letter carrier at the Richmond Post Office, and abrother of the last witness—I have been there six years last May—theletters are sorted by us, except the insufficiently paid or unstamped letters—I was present on 1st October, about 1. 20, when the letter carriers wereasked, one by one, what charges they had had—the prisoner answered "Apenny, sir."
JOHN BROOKS . I am the son of the post-mistress at Richmond, and assistin managing for her—on the morning of 1st October a communication wasmade to me at the Richmond Post Office, and after returning and communi-cating with my mother, I directed Wilmot to call the men and ask themwhat they had received, but I was not present when they were asked—Iwas present on 17th October when Mr. Forest came—he asked the prisonerwhether he had had the 2s. 5d.—he said "Yes; "and that he gave Burdena half-crown, and had sixpence change—I have frequently seen the prisoner
write, and I believe these words "Insufficiently paid" to be his writing—itwas not his duty to write that—he had no right to make a charge of anykind.
Cross-examined When he said "I gave a half-crown to Mr. Burden and Mr. Burden gave me sixpence change, "Mr. Burden did not deny it, all thathe said, I believe, was that he did not remember it; but I left, as I waswanted on business—this occurred on 30th September, and the prisonerwas at work at his duty up to 19th October—he actually had a week'sholiday the week after the charge was made—he went away to be married, and when he came back he went on duty again—he was not taken up, hewas summoned—he should have signed the pay-sheet before he wentaway for his holiday—it was my fault that he did not do so, and whenhe came back I asked him to sign it—I made a mistake—there are notfrequent mistakes with regard to excess charges—I don't remember anymistake before, and a mistake like that would be sure to be detected—I didnot observe, when my deposition was read over to me, that I had said thatit was a letter bill I asked the prisoner to sign, it was a pay-sheet.
Re-examined. I had paid him his salary before he started, and I got hissignature afterwards—if excess is charged it is sure to be detected if peoplecomplain—if Mrs. Leatham had not complained we should have knownnothing about it—I did not suspend the prisoner, I waited for the report ofthe surveyor.
GEORGE BISLEY WILMOT (re-examined). I am not sure, but I believe theprisoner went for his holiday on the 21st September—I did not ask him tosign the letter bill—that is a mistake—I keep the cash accounts, and Mr. Burden enters up the postage—there was no excess postage on that day.
FREDERICK GEORGE NETHERCLIFT . I am an expert in handwriting, andhave been so for the last thirty years, and my father before me—I havelooked at these letters written by the prisoner, and also at the words "Insufficiently paid" on these letters, and in my judgment they are written bythe same hand.
The prisoner received an excellent character.
NOT GUILTY .
MR. METCALFE, for the Prosecution, offered no evidence.
NOT GUILTY .
They also PLEADED GUILTY to having been before convicted Lovett in May, 1869, and Wood in July, 1869, when he was sentenced to Twenty Years' Transportation. LOVETT**— Seven Years' Penal Servitude. WOOD**— Fifteen Years' Penal Servitude.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
SARAH FREEMAN . I am a widow, and live at 6, Red Cross Square—I have known the prisoner eight years, and lived with him as a wife about six Iyears, but I had not been with him about six months—on 5th October, I
about 10 o'clock at night, I met him in the Borough, and we had a glass ortwo of ale—he was the worse for liquor—I went home, and he came intothe room—I remember receiving a blow on my nose; I became insensible, and remember nothing more till I found myself in the hospital—I havesuffered great pain in my ribs and my left side—he has never injured mebefore—he is a bricklayers' labourer.
Prisoner. Q. What time did you go home? A. About 10 o'clock, andyou followed me—I do not remember whether you were in bed when I wenthome—I don't remember anything about it—I can't remember whether youcame to my room at 3 o'clock in the afternoon.
GEORGE GOODMAN (Policeman M 302). On 5th October, about 1 o'clock. a. m., a girl took me to 6, Red Cross Square—I went up stairs to a bedroomand found the proseutrix insensible on the floor and quite naked, except herboots and stockings—she was covered with blood, and there was a pool ofblood on the floor, and pieces of her dress about the floor—there was nolight in the room—I obtained some clothes and took her to the hospital—the prisoner was lying on the bed asleep—I aroused him and asked him whyhe had committed this deed, he made no reply—I told him I should takehim in custody, he said "Very good"—he had no boots On, but I foundsome boots in the room, and he put them on—they were nailed round thetoe, and had iron heels—he had been drinking, but he seemed to understand what I said—a constable took him to the station.
Prisoner. Q. Did not I tell you when you charged me that the womanfell down the stairs? A. At the station you said so—I did not hear yousay so when I woke you up.
LOUISA RANDALL . I live in the same house with the prosecutrix—on 5th October I was down stairs, and heard a great noise as if things were beingbroken up—that went on from 6 to 8 o'clock, as near as I can tell—I hearda man's voice halloaing, but what he said I don't know—between 11 and 12 o'clock I heard a man speaking, and went up stairs to see what it was—I did not go into the back bedroom, but the door was ajar and I couldsee into the room—I saw the prisoner kick the prosecutrix distinctly—shewas naked, I did not hear her speak—the candle was very nearly out—there was no one else in the room that I know of—I went down stairsand heard someone come in.
Prisoner. Q. Had I any shoes out? A. I cannot say.
THOMAS EASTER . In October, I was house surgeon at Guy's Hospital—the prosecutrix was brought there nearly insensible—she had a severebruise on her right temple, in front of her right ear, and the cheek-bonewas broken—her face was severely bruised, especially about her right eyebrow, where there were several little cuts; two ribs were broken on herright side; her lungs were wounded, and one rib was broken on her leftside; there were three grazes on the left side of her chest, and a smallinjury to her right hip—the broken ribs were dangerous, as they injured thelungs—a heavy boot or a man's foot would produce the injuries about herface and head—she was nearly insensible, but it was difficult to saywhether that was due to drink or to the injuries—there was a slightsmell.
Prisoner. Q. Could not a woman in liquor have received those injuriesby a fall down stairs? A. Not all of them, not that variety of injuries.
Prisoner's Defence. I was paid my wages, and went to the prosecutor'shouse, as I am in the habit of giving her a few shillings a week; she was
sitting with another female, and we all three went and got the worse forliquor; she was jealous of the other woman, and left me. She afterwards cameback, and we had some more drink, and I went to her house and went to bed; when I awoke I asked her daughter, who is sixteen years old, where hermother was. She said that her mother was drunk in Kent Street. I afterwards heard her fall down stairs, and picked her up and put her outside thebed. She must have rolled off the bed when the policeman came to takeme. I have always behaved well to her, and given her half my earnings. I was obliged to leave her through her drink, and I have been away fromher ever since. I had a witness who came to the Court and swore that hesaw her lying at the bottom of the stairs drunk, but he is not here.
GEORGE GOODMAN (re-examined). A man came to the station to giveevidence for the prosecution, and afterwards came to the Police Court togive evidence for the defence, but his evidence was not taken down becausethe Magistrate said it was not worth having.
GUILTY — Eighteen Months' Imprisonment.
MR. ST. AUBYN conducted the Prosecution; MR. MEAD appeared for Pocock; MR. LILLEY for Payne, and MR. SIMS for Andrews.
WILLIAM MOORE (Thames Police Inspector). On Sunday morning, the 16th, at 1. 10, I was near the Old Swan Pier, and heard cries of "Police!"from the south shore, I went over towards Fenning's Wharf, and someone Bang out "Stop that lug boat"—I went alongside of the lug boat, andsaid to Peacock "Where are you bound to?"—he said "lam going to the Custom House buoy"—I said, "What have you got in your lug boat I"—he said "Nothing"—I said "What cask is that?"—he said "I did notknow there was one in"—I said that I should take him in custody for theunlawful possession of a cask of brandy supposed to be stolen—I got himinto the boat, and rowed him up to Fenning's Wharf—I said "What wereyou doing in Dean's lug?"—he said "The governor had her on hire, and Iwas going to return her"—I left him in charge, and when I got to Fenning's Wharf, I heard something, went on board a Billy Buoy, and found Payneconcealed under the windlas—he said "All right, I will come with you"—I placed him in the police galley with Pocock, and then found Andrewsconcealed between the main hawse and the after hatchway—I said "I wantyou for being concerned in that cask of brandy"—he said "All right," and pretended to be drunk—I put him with the other prisoners.
Cross-examined by MR. MEAD. Pocook lives on the north shore—the Custom House buoy is what they moor barges to—it is nearer to the Custom House than to the south shore.
Cross-examined by MR. LILLEY. I have been accustomed to the river twentyyears—I do not know that men sleep on board barges on which they arenot employed—I have been in the police eight years—this was a pretty clearnight—there was no mist or fog—I had on this coat with the anchor collar, but I generally keep that down.
Cross-examined by MR. SIMS. Andrews was lying down stowed awaybeneath the main hawse—there was hardly room for him, and he had tosqueeze himself in sideways.
morning I saw three or four men on board the barge the brandy wasin at 1. 15 or 1.30 o'clock—there was a lug boat by the side and one man init—I said "Halloa! what are you doing there?—they shoved the lug boataway, and rowed away as fast as they could—I shouted to the police galley.
Cross-examined by MR. LILLEY. Billy Buoys have larger windlas's thanbarges.
MICHAEL JOSEPH KEATING . I am night watchman at Topping's Wharf—on this Sunday morning I was standing on the middle platform, and sawthree men pushing a lug boat against the tide—they were twenty-four yardsfrom where the barges of brandy were moored—I heard Hazledine shoutout "Police!"—I ran to his assistance, and saw two men run away fromthe barge of brandy into a tier of vessels four deep—I shouted "Police!" and two men went on board a vessel about the middle of the tier, and oneof them got out on to an open barge—I shouted to the police, and theycame up shortly afterwards—I said to the man, tauntingly, "Have a swimfor it"—he said that he had done nothing—I said "That cock won't fight"—he made no reply, but returned to the vessel on which he was taken.
Cross-examined by MR. METCALFE. The tide was running down—it wasthree or four hours after high water.
Cross-examined by MR. LILLEY. I did not see any of the men taken—they were about seven or twelve yards from me when they ran into the tierof vessels—there were two tiers of barges, and one of sailing vessels.
Cross-examined by MR. SIMS. There were nine sailing vessels and bargesaltogether, like an island—the vessel the man was taken from was a sailingbarge or Billy Buoy.
ROBERT DICKER , I am boatswain of Fenning's Wharf—on this Saturdaynight, about 11. 20, I was on the wharf, and saw Pocock when he broughtthe brandy barge Dove up—I cannot say exactly how many hogsheads andquarter casks there were in it—Pocock asked me to have a drop, and I wentand had a drop of ginger beer about 10. 50—I returned shortly afterwards, and Pocock said good night to me about 11. 40 or 11. 45, and went towardsthe wharf—he was sober—all he had at the Grapes was two single half-pints.
Cross-examined by MR. LILLEY. I have known the river some years—mensometimes, when they are late, turn in in the dumb barges.
WILLIAM BOUTELL . I am foreman lighterman at Fenning's Wharf—on Saturday evening, a little after 8 o'clock, I paid Pocock 2l. 14s. for a week'smoney, and gave him orders to go to Wapping to bring the Dove punt up to Fenning's Wharf where he was to be by 8 o'clock on Sunday morning—Iam not supposed to go round on Sunday morning, but the Dove punt wasthere on Sunday afternoon, laden with brandy—on the Saturday night Ipaid Andrews I think 2l. 18s. 6d., and gave him orders to be at Fenning's Wharf at 6.30 on Monday morning—he had been employed there sixweeks, and Pocock on and off for two years—I only know Payne bysight.
Cross-examined by MR. MEAD. I have known Pocock five years—hischaracter has been good as far as I know.
Cross-examined by MR. SIMS. I have known Andrews five or six years, and never knew anything against his character—I have known lightermen go to sleep on the craft they are employed on, and they sometimesgo to craft where their friends are employed, but their business is to beon their own craft—they have stoves in their cabins, and they have only
to make a fire—I daresay Andrews had been! out for me four nights thatweek.
JOHN JOSEPH ROSENBERG . I am a Customs officer—I recognise this caskof brandy as one I delivered on Saturday morning to a lighterman named Cann—I saw it put on the Dove—there were fifteen hogsheads and twenty quarter casks, and this was one of the twenty—they were consigned to Fenning's wharf.
CHARLES CANN . I am a lighterman—I received this brandy on board the Dove—I took the barge into the Wapping Basin, and left her there about 4.30 on Saturday afternoon—I know Pocock and Andrews; I saw Pocockin the Anchor that Saturday, about 8.30, he said that he was going to fetchmy barge up, that is the Dove.
HENRY BENNETT . I am an outdoor officer of the Customs at Fenning's Wharf—on Sunday morning, 17th June, I saw this barge unloaded; therewere nineteen quarter casks and fifteen hogsheads, and I had to receivetwenty quarter casks.
BENJAMIN JANSON . I am foreman to Mr. Phillips, of 30, Botolph Lane, City—on this Saturday night, about 8.30, I paid Payne some money, andgave him orders to be at St. Katherine's Dock on Monday morning—he hadno business there for me before Monday.
Cross-examined by MR. LILLEY. Payne has been with me five or six years; his family are highly respectable, but I don't know where they live orwhether he is married—when he was at work he slept on the barges.
JOHN WILLIAM DEANE . I am a lighterman, of 12, Walcot Lane, Tower Hill—I have a large lug boat called the Busson, which will carry seventeentons—I saw her moored at the Custom House Wharf on this Saturday, at 11 a. m., and saw her again at 3 p. m., when she was, perhaps, 10 yardsfurther off—I never gave the prisoners authority to use her; I don't knowthem.
Cross-examined by MR. MEAD. She had not been loaded with brandyat all.
POCOCK and PAYNE— GUILTY .
They received good characters. Recommended to mercy by the Jury.
POCOCK— Six Months' Imprisonment.
PAYNE— Three Months' Imprisonment.
ANDREWS— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
JOHN PULLING . I am ten years old—I live at 10, Cottage Place, Vaux-hall Walk—on the evening of 5th November I was coming out of school, theprisoner came up to me, and said "Will you take this over to Mr. Box 1" and he gave me a letter and pointed to Mr. Box's shop—I took the letterand gave it to Mr. Box, and he gave me a letter in return, which I tookback to the prisoner, and told him that Mr. Box wanted a printed order—he went into a beer-shop—I waited outside—he afterwards came out andgave me another letter, and told me to go over to Mr. Box again—I took
it, the prisoner waited at the corner—he ran when Mr. Box came out ofthe shop.
Prisoner. I did not write either of the letters.
GEORGE BOX . I am an ironmonger, at 30, Broad Street, Lambeth—onthe evening of 5th November the last witness came into my shop and gaveme this letter; it was in an envelope, addressed to me—(Read: "Please let bearer have six tapping cocks, three ale, and three beer, for Mr. Barrett, 58, Regent Street, Lambeth Walk. Please to send invoice, enclosed in envelope. I will see you at 6 this evening.")—I kept the letter, and refusedto let the goods go without a printed order from Mr. Barrett—the boy wentaway, and returned again with this letter—(Read: "Please excuse nothaving any printed forms, send the taps with the boy. Mr. Box. Please let bearer have what he likes, and I will call down this evening at 6 o'clock.")—I refused to comply with the request—I sent for Barrett, and he came, and the prisoner was pointed out by the boy—when the policeman broughthim into the shop he said "You know me, Mr. Box!"—I said "Well, Iknow you as a customer at my shop," and I gave him in charge for tryingto obtain goods with Mr. Barrett's name—he said the boy was mistaken.
ISAAC BARRETT . I am a builder, at 58, Regent Street, Lambeth Walk—I don't know the prisoner—these two letters are not in my writing—I didnot send anyone to Mr. Box's on the evening of 5th November—I receiveda communication that evening and went to Mr. Box's—I saw the prisoneropposite the shop—I went out; he attempted to run, but I caught him, and took him into Mr. Box's shop.
GEORGE LODER . I keep the Jolly Gardener's, Princes Road, Lambeth—on the evening, 5th November, the prisoner came to me and asked if Iwould write something for him—I said "Yes, when I have got time"—hetold me what to write, and I wrote the second order to Mr. Barrett.
Prisoner's Defence. I did not write either of the orders; they were givento me; the man wrote the second one for me.
GUILTY — Eighteen Months' Imprisonment.
ADJOURNED TO MONDAY, 15TH DECEMBER, 1873.