CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 15TH, 1873.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 15th, 1873, and following days,
BEFORE THE RIGHT HON. ANDREW LUSK , M.P., LORD MAYOR of the City of London; The Hon. Sir GEORGE DENMAN , Knt., one of the Justices of Her Majesty's Court of Common Pleas; JOHN CARTER , Esq., F.A.S. and F.R.A.S., Sir THOMAS GABRIEL , Bart, and Sir THOMAS DAKIN , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City. THOMAS SCAMBLER OWDEN, Esq., and JOHN WHITTAKER ELLIS, 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 WHETHEM, Esq., Alderman.
CENTRAL CRIMINAL COURT.
LUSK, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 15th, 1873.
Before Mr. Recorder.
MR. BROMBY conducted the Prosecution; and MR. BESLEY the Defence.
GEORGE SMITHERS . I am a fishmonger, at 107, Cannon Street, City—I know the defendant by coming to my shop—on Saturday, 11th October, about 7 o'clock in the evening, he came in and asked whether I would oblige him with change for a 5l. cheque—I said it was not my business to give change for a cheque where we did not know the drawer—he said it would be a very great convenience to give him change as he was going home and he had no change—I said I had a great dislike to giving change for cheques at all—he said "You know me, will you oblige me by doing it? "I gave him five sovereigns for it—I said "I don't give you five sovereigns in change for the cheque, but I give them to oblige you M—he gave me the cheque—I said "Endorse it," and he endorsed it "31, New» Broad Street, City"—he said the cheque was as good as a Bank of England note—I took it on his own responsibility. The Court, upon this evidence, toas of opinion that the charge teas not supported.
NOT GUILTY .
SARAH MARIA HUBBARD . I live at Little Essex Street, Kingsland—I was married to the prisoner on 16th July, 1866, at St. James's, Curtain Road—I was confined on October 9th, 1871—when I had been confined three days he told me I had a bastard at the side of me, and I was no wife of his, he had a wife in the country better than me—he had previously told me he was a married man, but he said afterwards he did it to aggravate me, and said "I have got no wife but you"—he did not tell me he was married to anyone else before he married me—I received two letters from him, one
on 7th December last year, and one on 11th March this year—I have not lost these—I showed them to a Mr. Ward, and he read them—I know the prisoner's handwriting—the letters did not refer to his previous marriage; all that was in the letters was ho said he still claimed me as his loving wife; me, and no one else; that he never had but me, and I knew it—he said how he had ill-used me, and he hoped I would forgive him, as he would do all that man could possibly do if I would forgive him.
WILLIAM PIGGOTT . I am the prisoner's brother—I live at Hoxton Place—I was present at Stretton, in Warwickshire, at my brother's marriage in 1858—I do not remember what his wife's maiden name was—I last saw them together ten or twelve years ago; over ten years—I could not say exactly the date—it would be about 1863.
ROBERT SAGE (Detective Officer). I took the prisoner into custody—he was with a woman—I told him the charge, and he said the second wife knew he was previously married—the woman said "This is my husband"—the prisoner did not deny it—he told me he was first married at Stretton, in Warwickshire—I produce the two certificates.
HANNAH MENTON . I live at Stretton, and was present when the prisoner was married in 1858—I took dinner with them on the occasion of the wedding—I last saw his wife on last Whitsun Monday—she was at my house at Stretton then—she has not lived at Stretton all the time—she has been in service at Smithwick, below Birmingham—I have seen her frequently—I am her sister, and she made my home her home—I never saw Sarah Hubbard till this occasion—it is more than ten years ago that I last saw the prisoner and his wife together—it might be three years after they were married that I saw them together—she came to be confined at his father's and mother's, and they have never been together since—she was married in 1858, and the baby is ten years old—they were together till 1863.
Cross-examined. I have seen them frequently together since their marriage—I could not say how many times—I am not able to say when the last time was—I can't say within two years—it is more than ten years—I saw them together before she had the baby, but not after—I lived five miles from Mr. Piggott's, the father's—I know the prisoner lived with her three years—they lived at Rugby, and then separated, and he came to London—I am not able to say when they separated—he sent her to Dun-church, to her father's, to be confined—he did not come back to her there.
The prisoner received a good character.
GUILTY — Eight Months' Imprisonment.
57. ROBERT ROBSON (42) , to three indictments for stealing a coat and pocket-book of William Robinson, a coat and pocket-book of Thomas Scooley, and attempting to steal a coat of Charles Martin Oliver. Eight Months' Imprisonment. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, December 15th, 1873.
Before Mr. Common Serjeant.
59. STEPHEN ALBERT SMITH (21) , to two indictments for forging and uttering receipts for 50l. 15s. 5d. and 1l. 18s. 9d. with intent to defraud his masters, who recommended him to mercy— [Pleaded guilty: See original trial image.] Judgment respited.
61. MARK RAY (20) , to two indictments for stealing two horses, the property of Samuel Hallett and Henry Lee— Nine Months' Imprisonment on the first Indictment, and Six Months' Imprisonment on the second, the latter sentence to commence on the expiration of the former. [Pleaded guilty: See original trial image.]
62. WILLIAM GRENNETT DAVIS (23) , to six indictments for feloniously forging and uttering orders for the payment of 150l., 50l., 20l., 670l., 240l., and 1, 800l., with intent to defraud.— [Pleaded guilty: See original trial image.] Recommended to mercy — Eight Years' Penal Servitude.
63. JOSEPH MINUTO (44) , to unlawfully disposing of certain goods which he had obtained on credit within four months of the liquidation of his affairs—He received a good character.— Nine Month' Imprisonment. [Pleaded guilty: See original trial image.] And
64. SAMUEL RICHARDS (40) , to embezzling the sums of 3l. 14s. 4d., 8l. 5s., and 1l. 2s. 9d. of John Scholt Cousens and another, his masters— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. GLYN and COOK conducted the Prosecution.
BOLENO COLEMAN . I am a cigar maker, of 1, Long Acre—on 28th December, after midnight, the prisoner came into my shop for half an ounce of rough cut—he put down a florin—I said "This florin is bad, give me my tobacco back," which he did, and I gave him in charge with the florin.
Prisoner. Q. Were you in your shop when I went in? A. No, I was at the lamp-post at the corner, having suspicions.
THOMAS BAKER (Policeman E 287). I was called, and took the prisoner to the station—he was very violent, and tried to get his left hand into his left trowsers pocket—I pulled it back, and he said "Loose that hand, keep hold of me any where else, only not that hand"—I kept hold of it, took him to the station, and found in his left trowsers pocket this bad sovereign (produced), a good shilling, and 4 1l. 2d. in bronze—he gave a false address; I went there, and told him it was false—he said "Well, I shall refuse to give any account whatever of myself.
Prisoner's Defence. It is not a sovereign at all, it is only an ornament I did not know the florin was bad. I got it in change for a half-sovereign. I refused my address, because my father is a respectable tradesman at the West End, and I gave a false name for the same reason. When I uttered the florin I was half drunk.
B. COLEMAN (re-examined). He was perfectly sober, but he pretended to be drunk when he got to the station.
GUILTY — Nine Months' Imprisonmen.
MESSRS. GLYN and COOK conducted the Prosecution. GEORGE DORE. I keep the Noble Arms, Seven Dials—on 29th November the three prisoners came in between 7 and 8 o'clock, p. m.—Saunders ordered two threes of hot gin, and one three of hot whisky—I saw him put a shilling on the counter—my wife took it up and handed it to me—I never lost sight of it—my wife gave him 3d. change while I was looking at it—I said "This is bad"—I kept it in my hand, and during that time Benjamin asked for two sixpences for a shilling, which he put down—my wife handed it to me, and
I said "This is a bad one"—Turner asked me to let him look at it—I did so, and never saw it afterwards—this (produced) is the shilling the woman tendered—my nephew, Sidney Weller, said "This is the woman who gave me a bad 2s. piece last night; he took it out of his pocket, and I gave it to the constable. "I told Benjamin that it was she who uttered it—she said that it was not, and ran out—a constable fetched her back—I asked Turner for the shilling—he said that he had not got it—I searched the bar, but could not find it—I gave the prisoners in charge.
SIDNBEY WELLER . I am the nephew of the last witness and his barman—on 28th November, between 4 and 5 o'clock in the afternoon, I served Benjamin with some beer—she gave me a florin, I gave her the change, and put it in the till—I took it out again in a minute, and found it was bad—there was no other there—I kept it till the next day, when the three prisoners came in together, and Saunders asked for some beer and gin, and gave the mistress a shilling—I then heard Benjamin ask the mistress for two sixpences for a shilling—Turner asked for the shilling, and I saw it given to him.
WILLIAM ELLIS (Policeman E 151). I as fetched, and Mr. Dore gave the three prisoners into my custody, with these coins—I found 2s. 11 1/2 d. on Turner, and a sixpence and 18d. in copper on Saunders—Benjamin gave me a sixpence and 2 3l. 4d. THOMAS ABBOTT (Policeman E R 16). I took the two male prisoners to the station, they said that they were innocent.
WILLIAM WEBSTER . I am Inspector of Coin to the Mint—these coins are bad, Benjamin's Statement before the Magistrate: "I am very sorry. I was not aware it was bad. I am an unfortunate girl. "Turner's Statement: "I know nothing of these people, I was asked to go and drink."
Saunders's Defence. This woman asked me to treat her. I went into the public-house, and put down the shilling—the barman came forward and said that the woman had given a bad florin the night before. The woman put my shilling in the till, and then took out another, tried it, and said that it was bad. Benjamin's Defence. I am innocent of it being bad; it was given me by a gentleman. If I had done such a thing the day before I should not have gone into the house again next day. Turner's Defence. I don't know these people. I got into conversation with them at the door of the public-house, and Saunders asked me to drink.
GUILTY — Nine Months' Imprisonment each.
MR. POLAND, for the Prosecution, offered no evidence— NOT GUILTY .
MR. LANGFORD conducted the Prosecution; and MR. F. H. LEWIS the Defence. PETER LOGAN. I came from Greenock—I was a stow-away on board the Queen of Commerce—I got on board without paying, and went into the hold—the ship went to Havannah, and from there to Wilmington—we were
there just a week—the captain was David Murdoch—one of the prisoners was second mate, and the other was a seaman—there were four others on board besides—the captain did not send me away; he employed me—I recollect McKinnin rowing the captain ashore in November—Archie Gillespie was with him—when McKinnin came back Rogers sent me and a little boy named Andrew Blair, who ran away from the ship at Wilmington, into the captain's room to get some money—McKinnin did not hear that—the boy then went into the captain's cabin through a hole in a kind of shutter, and came out with two 20 dollar notes in his hand, which he gave to Rogers, who said "Go in and see if you can get any more"—Blair said that there were no more—I cannot read, but I heard McKinnin say that they were 20 dollar cotes, and Rogers took them to the forecastle to put them by—he showed the notes to the crew the same evening in the forecastle, and said that there would be a row to-morrow with the captain—McKinnin had nothing to do with telling Blair to take the notes, but he went ashore and bought some provisions with the notes—he brought back some whisky, some cheese, and some soft bread, and we all had a share of it—Rogers gave Blair five dollars to help him on his road just before he deserted—when the captain came back he went to the forecastle to see if he could find the notes, but he could not—he asked the prisoners, and they said that they knew nothing about it—the captain had some of the drink, but none of the provisions.
Cross-examined. The captain did not ask me whether I knew anything about this, and I was afraid to tell in case they would lather me—I was to receive 3l. 12s. wages after I got on board, but I received none—Blair was not to receive wages; he stowed himself away at Havannah—I do not know that nearly all the crew had asked the captain for an advance on their wages—when the captain came back from the shore he was not sober; he brought a stone bottle of whisky on board with him, and he drank his own whisky—he did not drink any of the whisky bought with this money, and the bread and cheese was eaten before he came back—all the men knew of this money having been taken from the captain's cabin—none of the men received wages till they got to Wilmington—I had not applied for any of my money—this was the first voyage I had stolen.
HAMILTON BROWN . I live at Williams' Hotel, Bow Lane, City, and am the owner of the Queen of Commerce—I was at Wilmington, in North Carolina, when she arrived there on 9th October, and on 12th October I gave the captain forty-five dollars—there were two 20 dollar notes, and a 5 dollar note—five days after the ship left Wilmington, and went down to the bar to fill up—Captain Murdoch was very ill; he had been ill all the way home.
Cross-examined. The forty-five dollars were for him to pay the towage down to the bar—it is not common for the captain to make an advance to the men when the owner is present—the men asked me for an advance, and I refused to give it to them, as they had gone ashore, and had got bills at grocers', clothiers', and shoemakers' shops—I should deduct that from their wages—would you give your servants clothes after paying their wages?—if I gave them an advance they would have got drunk and deserted—I did not come home by the ship, and did not see the state the captain was in when he left; I went to catch the packet to come home.
give the whole of the crew in custody for stealing a barrel of pork and two 20 dollar notes—I said that I could only take Roberts and McKinnin—I called them aft, and told them the charge; McKinnin said that he knew nothing at all about it—I took them to the station.
ARCHIBALD MCGILLESPIE . I left Greenock on board the Queen of Commerce, and went to Havannah, and from there to Wilmington—we went up to Wilmington Bar in October, and McKinnin rowed the captain ashore at the Bar—McKinnin returned on board, and then he and I rowed ashore, and bought some whisky and some bread and cheese—he had 20 dollars in paper, and told me that Rogers gave it to him—I don't know how Rogers got the notes—McKinnin said that Rogers would kill him if he did not buy some soft bread—he changed a 20 dollar note at the whisky shop, and gave another 20 dollar note to the woman at the bread—shop, but she had not got change—I only saw one note changed—he also bought some trowsers and boots—the captain afterwards asked me about the notes, but I did not hear him say anything to the prisoners about it.
Cross-examined. I do not know that the men had asked the captain for an advance on their wages-l helped to drink the whisky and eat the bread; all the crew had a share, the captain and all, and the captain got drunk. He-examined. The captain did not drink his own whisky; he lost is.
MR. LEWIS. Q. Has the captain told you that if he had known that the men had taken these 40 dollars, he would have stopped it out of their wages? A. No, but I said that I should have tried that course, and I think I could have managed it in that way—I will not say that crews sometimes take money because captains will not give it to them—the captain has not to me expressed himself sorry that he gave them in custody, but if I had reached. London in time to see the captain before he left the ship, I could have settled it better by dividing the sum between the crew—a good deal more than that was due to them at the time for wages—Rogers had about 12l. due to him, and McKinnin about 10l.—I do not desire to prosecute the prisoners, and the captain is on a sick bed and is not likely to be well for a year—I have no doubt that the prisoners will return him the money—Wilmington Bar is about thirty miles from Wilmington out at sea—we pull on shore to America in fifteen minutes—the men would pull two miles in fifteen minutes.
NOT GUILTY .
OLD COURT.—Tuesday, December 16th, 1873.
Before Mr. Recorder.
Twelve Months' Imprisonment.
70. WILLIAM MONK (46), and CHARLES GUE (51) , were indicted, together (with WILLIAM JOHN BARKER , not in custody,) for stealing ten barrels of turpentine of Charles Ingall and another. Second Count—For receiving the same.
MESSRS. F. H. LEWIS and FRANK SAFFORD conducted the Prosecution; MR. METCALFE, Q.C., and MR. BESLEY defended Monk, and MR. MONTAGU WILLIAMS defended Gue. CHARLES INGALL. I carry on business, in partnership with Mr. Phillips, I
as wharfingers, at Millwail—on 26th September I had a person named Barker in our service; he absconded in the early part of October—the course of business is first of all an order from the owner, then an entry in a delivery-book—there is a register of the delivery kept on a file—I have the file here of that day—I have looked through it, there is no register of ten barrels of turpentine on that day, nor any entry in the delivery-book—we have a great quantity of turpentine in different barrels on our premises; there is a note delivered to the Carman, and it is his duty to take the note, with the load of goods, to his employers, he having previously signed for the goods on the counterfoil—on 26th September I was accidentally passing near the West India Docks, and saw a small van upset, containing some barrels; I knew they came from my wharf—afterwards, from information, I saw some barrels at the house of a man named Austin, at Rye Lane, Peckham—Austin was charged before the Magistrate and discharged—I have received back four barrels out of the five, and a tub, which was a portion of the fifth barrel; it had been emptied and cut into two tubs—we mark our barrels with stencil plate, with the letter or mark of the particular cargo on the head, and we cut in the running numbers on the head; that would appear in the order—the barrels are tared previous to filling them from our cisterns—that is specially the duty of Thorogood, but if we are busy it is occasionally done by other men, Jones or Harwood—I have seen some wash tubs—I believe it is a common thing after barrels have been emptied to cut them into wash tuba, but it is more generally done with paraffin and petroleum barrels—the barrels I have seen came from our wharf—I know Barker's handwriting, I found his handwriting on two of the tubs; it is not writing, we term it scribing—I can tell Thorogood's marks generally, not so well as Barker's, I believe them to be his—I went to Monk's on 21st October, with the detective Norman, 8, Manor Street, Chelsea; he was not at home, the shopman said he was at the other shop—we went on to the other shop in the same neighbourhood, and he came back with us to Manor Street—after we had searched the cellar Norman asked him if he had any other premises—he said no, those were all—the cellar runs under the shop—I noticed that there was a building attached to it—he did not take us into that shed—I saw some barrels in the cellar; I saw one I thought to be mine from the marks on the barrel—I can tell all my lawful deliveries for years past; we are able to detect every one of them by the ship's number, the entry, and the case—I only identify the marks, I can say it was once my property—my books would show every legitimate delivery, but no register or record has been kept of this, it has not passed through my books as if it was a regular transaction—the value of the ten barrels is 50l. or thereabouts.
Cross-examined by MR. BESLEY. I was examined, cross-examined, and re-examined on several occasions at the Police Court; the first occasion was the 21st October, the same day that I went with Norman to Monk's place in Manor Street—on that occasion I swore positively that the one cask that was removed by the police was my property—Monk was not taken into custody then—he did not then produce an invoice of Sir Charles Price & Co., in reference to two casks of turpentine; he searched a file for a long time, I saw him take two papers from the file—when we got to Arbour Square ho was under a sort of surveillance—he told the inspector that some papers were taken from him, or that he had given them to Norman, and he wanted them taken care of—I did not hear him say that this particular
paper referred to the cask of turpentine which the policeman had taken—I did not hear him say that he had brought the invoice with him for the purpose of giving information to the Magistrate, or for his protection—at the shop, when he took the two papers off the file, Norman said "What have you got there?" and he said "I must protect myself"—those two papers were produced in Court by Norman—I don't know how they got into his possession—I was not present on 28th October when an application was made that somebody from Price & Co. should go and see this particular cask; I heard of it—I believe the cask was then at the police-station; I did not see it there—I was not present when Mr. Archer, from Price & Co., saw it—I said on 28th October that I could not swear what ship the turpentine came from—I said I did not remember seeing them at all before they were stolen, because we take turpentine out of our cisterns, turpentine kept in bulk, and I could not say who was the consignee—I can swear to any casks that leave my premises—if a cask leaves my place unmarked I could swear to it—(The witness's deposition being read, stated: "I have thousands of such casks, I can't swear to any individual cask")—I can swear to individual casks—I think I was asked if I had any book in which these stolen casks were entered—I had no such book—Barker took very good care to keep no record of it—if it had been a legitimate delivery it would have been fairly entered in my books—I do not know from what consignment of turpentine this was, who was the consignee, or the number of the ship, because I store turpentine in bulk—all I know is I shall have to pay for it—we occasionally have consignments of turpentine from Price & Co., of Thames Street—we have done business with them—I am a public wharfinger—I bank goods the same as a banker does money—the casks from ships are not in all cases emptied into tanks—sometimes a merchant won't have it done, and we store it in our cellars—it is coopered by us, that is a very extensive item in our business—when we get a cargo that is not to be bulked whole we tare for average; we tare about every tenth cask, 10 per cent.—when we land the casks we simply chalk the tare on them, when we deliver them to the dealers, we put the pounds on them, not the odd quarters—that is done when the cask is empty with a scribing iron—I cannot swear to any mark but the tare on the cask that was taken away from. Monk's—I have seen six tubs altogether, including Austin's—I identify two by numbers in the head of Barker's scribing, and the tares by Thorogood, and there is no shipping mark upon them, which there ought to have been if it was an honest delivery—I do not know a person named Low, I want to get hold of him—I did not deal with him—I have a person named Bright in my employment—(looking at a paper) this appears to be an invoice of five barrels of petroleum, purchased by Low, receipted by Wright—my transactions are very numerous, they do not all pass under my observation—I never heard of the man before—if a man produces a proper order, the goods would be delivered to him, the same as a cheque presented to a banker—petroleum casks, in ninety-nine cases out of one hundred, are painted blue in the body and white at the head, and turpentine casks are unpainted in the body and the heads painted red—petroleum may sometimes be put into turpentine barrels after being cleansed by superheated steam—I think I went three times to Monk's premises with Norman—I may very likely have remarked that I hoped to give Monk five years—I don't remember it, but it is a thing I should be very likely to say—that must have been after he was remanded—I think I was seven
times at the Police Court, from 21st October up to 3rd December—I think evidence was given on every occasion—everything was done with my sanction—I attended before the Judge at Chambers, and opposed the application for bail—I thought the ends of justice would be defeated if he got at large—if he had been locked up before, I should have got hold of Low.
Cross-examined by MR. M. WILLIAMS. If there was the least drop on the head of the cask, the mere smell would tell what it contained—you could not smell it twenty yards off.
Re-examined, The Magistrate committed both the prisoners—on 3rd December a summons was served on my solicitor to show cause why they should not be admitted to bail, and I attended to give my reasons for opposing.
GEORGE THOROGOOD . I am in the prosecutor's service—I was so on 26th September last; on that day, between 3 and 4 o'clock, Barker ordered me to load ten barrels of turpentine—I did it—the casks were weighed by Barker, and I saw him cut the numbers in the casks from 1 to 10—it was not my duty to load except when the delivery gang were out at their meals—I was in the habit of cutting the tare on the barrels—I have seen some wash-tubs with tare marks on them—I identify the marks on one—I recognise Barker's mark on some of the others—I could not swear to Jones's mark.
Cross-examined by MR. BESLEY. I can't tell you how many casks I have cut the tare on in the last twelve months; many hundreds, and Barker cut a good many hundreds as well—it is done with a cutting iron, and by experience you can tell your own cutting.
JAMES HAREWOOD . I am a labourer, and live at 3, Claude Street, Millwall—between 2 and 3 o'clock on the afternoon of 26th September, I heard Barker giving an order to the last Witness to load up these ten barrels—they were marked from 1 to 10, and me and Thorogood helped to load them up—I rolled them off the middle skid and put them on the scale, and they were weighed and put into a van.
JOHN JAMBS METCALFE . I am a lockman, in the employ of the East and West India Dock Company—on 26th September, about 3.30, I saw a small van coming up the hill, near the West India Dock—it overturned, the man fell off, and the casks were capsized—there were ten, I believe—one of them leaked, and I saw it contained turpentine—from something I heard I went to Gue's, at New Weston Street, Bermondsey—I saw Gue, and told him I had come from the South West India Dock; a van of his had run back and broke down, and the old man was hurt, and had sent me for another van—he said "That is a bad job; we will go and see if we can get another van"—we went and got another van, and put a pulley into the van, and went back—I asked him for something for my trouble when we started—he said "You will see the old man down there; he has as much to do with it as I have; he will pay you"—I went with the van as far as Garford Street—I heard something on the road, and went back again and got 2s. 6d. from Gue, and another man, Crawford, got 2s. 6d. from him.
Cross-examined by MR. M. WILLIAMS. When I saw Gue he said "I must go and see whether one of my vans has come in or not"—his van had not come in—I saw his name on a card on the van that had broken down.
WILLIAM CRAWFORD . I live at 44, West India Dock Cottages, and am dock gateman—on 26th September I saw a van overturned, and ten barrels of turps—we rolled them on to the pier-head till Savage fetched his van up,
and then I helped to load them on to his van—I met Metcalfe at the top of Garford Street, and went to Gue's place—I saw him outside a public-house door—he gave me 2s. 6d.
GEORGE SAVAGE . I am a carman, in the employ of Mr. Hillier, and on 26th September, about 4 o'clock, I was returning with my van empty from Mill wall—I saw a broken van on Mill wall Bridge, and ten barrels lying on the ground—at the request of the man who had been driving it, I took those barrels into my van—I charged him 7s.—I took them to Gue's place in Bermondsey—the man tied the horse behind, and tied the harness up, and rode with me—I saw Gue—the man asked him to pay me 7s., because he had no silver in his pocket, and Mr. Gue paid me—I took my van into the yard—Gue was there—he said "Turn round the van," and he would unload into one of their vans—another van was brought, and the barrels were rolled out of mine into it.
Cross-examined by MR. M. WILLIAMS. The man asked Gue to give me 7s., as he had no silver in his pocket, and two of Gue's men unloaded the goods from one van into another.
SAMUEL DAVIS . On 27th September I was in Gue's service as carman—on that day I drove a van with ten barrels of turpentine in it—I took five barrels to Peckham and five to Chelsea—I pointed out to Norman the houses where I took the turpentine—a man who came into the yard told me to go to Peckham—he left me at Peckham and told me he would meet me at Chelsea, which he did—Gue told the man to tell me where to drive to—when I got to Chelsea, to the place that I afterwards pointed out, the man unloaded, and I pulled the barrels to the tail of the van—I did not see them taken into the shop—three were put in front of Mr. Monk's door, and two rolled down the passage—I did not have or see any delivery note—the man who was with me delivered them.
Cross-examined by MR. BESLEY. I know now that the shop at Peckham was Mr. Austin's—the strange man walked by the side of the van and directed me where to go—we got to Austin's between 10 and 11 o'clock in the morning—I did not see the man go into Austin's—I put the barrels out on the pavement and came away—I did not stop to see where they were taken; they were put into a shed alongside Austin's—the man said he would meet me at Chelsea—he did not tell me where—when I got near the King's Road he was there before me—he directed me to draw up to a narrow place leading to a passage, next door to Monk's, and next door to Cunningham, the butcher's—it is an alley between—I did not go up the alley—I saw two barrels rolled up, and three were in the gutter—they were being rolled up when I came away—I did not see Mr. Monk, or anyone from the shop—I left the strange man there, and came away—I had no delivery note to Mr. Austin.
Cross-examined by MR. M. WILLIAMS. I did not receive any instruction from Gue where to take the turpentine, but just as I was going away Gue said "That man will tell you where to take it"—I did not hear the name of Lofts.
HENRY WHALE . I am in Monk's service; he keeps a shop at 8, Manor Street, Chelsea, and also at 201, King's Road, where I served—they are about 200 yards apart—I remember Norman the constable coming to the Manor Street shop on 23rd October—I showed him a shed at the back of the premises there; that shed is in Monk's occupation—the entrance to the shed is in Manor Gardens, by folding doors—it was used for stowing away barrels and things.
Cross-examined by MR. BESLEY. I attended principally to the King's Road shop, and I went to Manor Street when required—I kept no account of the things that were delivered at Manor Street—I remember two barrels of turpentine being delivered from Messrs. Charles Price & Co., and one of those was taken away by Detective Norman—I was not present when Mr. Ingall pointed it out and said it was his property—my hours are from 8 o'clock in the morning till 9 o'clock at night—I am constantly going from one shop to the other—this is the invoice for the two barrels of turpentine, one of which was taken away by Norman—they were delivered on August 6th—after a cask is sold out it is cut in half and sold for washing tubs; that is also the case with petroleum casks; one of those casks had been used in the ordinary course of business, and the other one Norman took away—I have not seen it since—no turpentine was delivered at my master's place after the 6th August, to my knowledge; that was the last lot, as far as I know—I was daily over the premises to fetch out things required in the business—empty barrels were kept in the shed—there is some paraffin there and treacle—I was there after Air. Monk went down to the Police Court—I am still in his service—I went into the shed often in the months of September and October—there was no turpentine there.
Reexamined. I did not tell Norman that I should not have known there was turpentine in the cellar unless I had looked—I went over the shed with Norman—it was used principally for old barrels, but at that time there was nearly a ton of Castile soap there, six large iron cisterns, about half a cwt. of emery powder, and a small quantity of naphtha—these articles have been in the shed some time, and they are there now.
By MR. BESLEY. After Monk had been down to the Police Court I let a man named Low have eleven tubs; nine of them were in the shed, one in the Manor Street shop, and one at the King's Road shop—they were empty tubs, washing tubs—they had not contained turpentine, to my knowledge—it was the day after Monk was in custody that I parted with them—I disposed of them by Mrs. Monk's directions—I don't know what has become of them since—we had been in the habit of letting Low have tubs before.
GEORGE NORMAN (Detective Officer K) On 15th October I went to Cue's place—I saw him, and asked him if he sent a van to Mill wall to fetch some turpentine on 26th September—he said "No"—I said "Did one of your vans go to Mill wall?"—he said "No?"—I said "Did not one of your vans break down in coming from Mill wall"—he said "Oh yes, I remember; a man hired a van of me and drove it himself; I don't know what the van was hired for"—I said "Was not there ten barrels of turpentine driven into your premises on that evening?"—he said "Nothing of the kind; I never saw it; I don't know what the van was hired for"—I asked if he knew the man who had hired the van?—he said he should know him if he saw him, as he had hired vans from him before—I asked the man's name, and he said "Lofts," or he gave the name of Lofts—I saw him again next day—I said "I am told that ten barrels of turpentine went into your premises on that evening"—he said "No, nothing of the kind; I never saw it"—I saw Savage on 20th October, and went with him to Cue's premises—I saw Cue, and said "I have called respecting that turpentine again, do you know anything of it?"—he said "No, I know nothing of it"—I said "If you walk with me into the road, I shall be able to convince you that you know something of it"—I then called Savage forward, and said to Gue "Do you
know that man?"—he said "No"—Savage said "Yes, this is where I delivered the turps, and you are the man who paid me the 7s."—he was then taken into custody and charged—on the charge being read over to him at the station he said "I did not receive it with a guilty knowledge"—when I first saw Gue I asked him whether I could look at his books?—ho said "No, my clerk is out, he is on the drink; I can't show you them; I know nothing about the books"—the last entries in this book (produced) are in the prisoner's handwriting—I could not swear to his handwriting, but I go by what his clerk told me, and his wife—Davis pointed out two shops to me where he had delivered barrels, one was Austin's and the other Monk's—I went to Monk's place on 21st October—I did not find him at Manor Street, but at his other shop, and we came back to Manor Street—on the way I asked if he had received five barrels of turpentine on the 27th September—he said "No; I received some oil about that time"—I said "I have a witness here who can prove that he left five barrels of turpentine here on that day," and I called the witness Davis forward, and he said "Yes, that is the place where I left the five barrels"—I then asked Monk to allow me to look over his place—he showed us into a cellar under the shop; there were a quantity of casks, and amongst them the prosecutor identified one as his property—I asked him if he had any invoice with it, and he said "No"—it was a cask of turpentine—I asked him who he had it from, and he said "Swan, London Bridge"—I asked if that was all the premises he had, and he said "Yes"—I went to Manor Street again, on 3rd October; he was in custody then—the shed at the back of the premises was pointed out to me by Whale—there were a great many barrels there—I believe they were nearly all empty—I did not see anything that related to the charge—the shed is approached by a narrow court; it is attached to the other premises, but they do not communicate; you have to go down the court to it, and it opens with folding doors.
Cross-examined by MR. BESLEY. Mr. Ingall was with me when I went to Monk's place—I found Monk at King's Road—I believe after we came out of Manor Street he asked whether I should like to look over the premises in the King's Road—after Mr. Ingall had identified the cask, Monk said that he had bought two casks of turpentine of Price's—I would not be positive that he said that the cask so identified by Mr. Ingall was one of those two—I won't swear that he did not say so—I asked him to go down to the station—I did not ask him to go and give evidence—when I left Chelsea I had not made up my mind to give him into custody—Mr. Ingall and I conferred together, and we thought the best thing would be that he should be charged—I took him into custody at the Police Court—I told him he would have to come to the station; he did, and Mr. Ingall charged him—the barrel of turpentine was left at Monk's place—I placed a mark on it and Mr. Ingall did the same—it was afterwards taken to the Poplar police-station and rolled up against the four other casks which had come from Austin's—I have been perhaps nearly a dozen times to Monk's since the 21st October—on 21st October, I saw a man at the Arbour Square Station, whom I now know as the witness Archer, from Charles Price and Co.—at that time the barrels were at Poplar—I did not object to the attorney for Monk seeing them—the inspector did not refuse to let a person from Charles Price & Co. see it—there was no actual refusal—Davis said that two or three barrels were rolled up the court, and two were left in the channel—I would not undertake to say that Davis swore at the Police Court that all five were rolled up
the court—we were not in the shop when I called Davis forward to say that was the place—I was not present at any time when Mr. Ingall said, in the presence of Cunningham the butcher, and his wife, that Monk had had the turpentine and he would like to give him five years' for it—Mr. Archer saw the one cask of turpentine amongst the other four, and directly he saw it he pointed to his own writing on it.
Cross-examined by MR. M. WILLIAMS. I saw three vans in Gue's yard the last time I was there—on the 15th October, when I had the first con versation with him, he was the worse for liquor.
Re-examined. He perfectly understood what I was saying—when Monk referred to his other premises I thought he meant the premises in King's Road—he said those were all the premises he occupied at Manor Street.
JAMES BARNARD . I am a carman—on 21st October I took some beer from King, of Turnham Green, to King's Road, Chelsea—I took them opposite the burial ground—after waiting some time I was sent on to Manor Square—I stopped at the corner, and received some half-casks from the witness Whale—a man named Low was with me—I took the barrels to my own place, Albion Road, Hammersmith, because I had not been paid—they were barrels cut in two for washing tubs—I bought one.
Cross-examined by MR. BESLEY. Some of them had handles—I thought at the time they were oil barrels, but now I can say they have had turpentine in—the one I have is an oil barrel.
SARAH HOWARD . I live with my husband at Andover Road, Hammersmith—a person named Low took two rooms at my house—some washing tubs were afterwards brought there—I don't know who by—four of those were afterwards taken away, and the remainder were removed afterwards, when Low's goods were removed.
Cross-examined by MR. BESLEY. There were seven or eight—I can't say they all had handles—I don't know who took them away.
EDMUND WOOD . I am a builder—a man named Low took a house of me at 2, Belmont Terrace, about six weeks before 3rd December—I afterwards saw four tubs there, and bought two of them, and a week after I bought the other two—those are the tubs which I gave to Norman—I gave 9s. for them.
OCTAVIUS KING . I am a beer merchant, and master of Barnard, the carman—I know Monk—on 21st October I sent some beer to his premises—a man named Low was in Barnard's van—I afterwards saw the beer the same evening in Barnard's yard—I also saw some tubs in the yard—Low made a statement to me—Monk came to me at Shepherd's Bush, on Tuesday or Wednesday, before I was examined at the Police Court, which was the 26th November—he asked me what had become of the tubs or barrels—I said "I can give you Low's word for it they are burnt" or "are in ashes"—he asked me if I had seen them burnt, and I said "No, I had Low's word for it"—he said if he was certain, and had proof that they were destroyed, he would not mind giving 2l. or 5l.
Cross-examined by MR. METCALFE. I will swear that my name is Octavius King; the license is in the name of Owen King, it was taken out in the name of Owen—I will swear I have not gone by any other name—I paid for the license—I took it out in the name of Owen King, because that was the name over the door—I did not put the name up, it was put up by a brother-in-law of mine—I married his sister—he put my name up and paid for it—he put Owen instead of Octavius—his name is William Farman—I
believe he has gone to America—I had my cards printed Owen instead of Octavius—it was about six or nine months ago that my brother-in-law made this mistake—I circulated my cards as Owen King—I got them printed after the name was up—I gave my right name at the Police Court when they asked me—I have only been carrying on business three months; the house was shut up for three months after the name was put up—before that I was at 1, Holland Bead, Kensington—I was staying there with Mr. Phillips, my brother-in-law, who was landlord of the house then—his name is Farnham, but he was carrying on business in the name of Phillips—I don't know when he went to America—I am not positive that he has gone, but I heard he had—he sold his business—he had no other name that I am aware of—he never called himself Axley or Briggs, to my knowledge—I used to help him in the bar, serving the liquor—I can't say exactly how long I was there—I think I went there about March this year, and I was there for two or three months—besides keeping a public-house, he called himself a wholesale wine merchant—before March, I was with another brother-in-law of mine, named Drake—he lives at Hornsey—I can't tell you the address, I can go to the house—I was at Drake's from Christmas to March—he was a coffee-house keeper then—I did not help him, I was staying with him—before that, I was in a situation at Weatherby's, a mantle and shawl warehouse, at Upper Street, Islington—I was there about three months—before that I was at Butter Brothers, of the Walworth Road, in the same line, four or five months—I was at J. C. Keeler's, at Brompton, for twelve months before that—I left Butter's because I asked Mr. Butter for an advance of 10l. when one of the Mr. Butter's was away for his holiday; he gave it me, and his brother did not know anything of it—he did not accuse me of taking the money, I will swear that—I left Weather by's because I went away on Christmas Eve and stayed away longer than the time for the Christmas holidays, and I took in my account and received my money when I come back, then I went and lived with my brother-in-law—I lived at 11, Craven Terrace, Lancaster Gate, a short time—I was not a wine and spirit and beer merchant there—I was there with a man named Shepherd or Douglas—he had two names, too—I did not pass as Frederick Douglas, nor Shepherd—I understood his name to be Douglas, but afterwards I found his name was Shepherd—I have heard him called Shepherd—I don't know whether it was in May that I was there—I think before that—it was when I was at Phillip's, at any rate—I don't recollect why I left Craven Terrace—I was not at Brecknock Road in July this year—Drake did not live there this year—he did live at 14, Brecknock Road, Camden Town—he was living there when I was staying with him; he is now living at Hornsey—it was about Christmas I was at the Brecknock Road—I had some tea from Dakin's while I was there—my brother-in-law did not leave directly I got that tea—I will swear that—I have not paid for it, but I paid for some before that—there was about 30s. worth of groceries altogether—it was about a fortnight or three weeks before I left Brecknock Road—I did not leave any address behind me—I went on to Hornsey with Drake—I have not got a good many things from a good many other people—I have given orders for beer and brandy and glass bottles from Doulton's—I have paid for some of the beer—I did not pledge those things at Attenborough's directly they came in—I have not pledged anything at Attenborough's—ten cases of brandy were ordered from Jules Barrett, trading as the Foreign Wine Company, Mark Lane,
they were not ordered by me—they were delivered At the Roebuck, Turnham Green—that was where I was carrying on business—they were written for by a man named Carr—ho came down to my place and wrote for them—he is an oilman, or was—I was there when he wrote for them—they were delivered opposite to me, and were brought across the next morning to the Roebuck—they were delivered in my name—they were there for several days, and then Phillips took them away—I did not see them taken to Attenborough's—I don't know that he did do so—I did not see the deposit note afterwards—Phillips had the money to pay something which he wanted; some immediate demand—I had 2l. from him afterwards—I did not pays that to the person from whom the brandy came—Doulton's bottles were sold to defray the expenses of a funeral—they were sold at a very small profit—he has not been paid, the time has not come for it—there 'was not any Red Heart rum that was treated in the same way, nor Robur liquor—I have not given up the premises at TurnI ham Green—I have goods on the premises—F was once a draper—I did not become bankrupt—in 18671 made an assignment to my creditors—I have not been in business for myself since—I have-not taken out a license to sell sprits. Re-examined. I have known Monk about six months, and have been on very good terms with him—I have been to his shop twice or three times.
The Recorder was of opinion that there was not sufficient evidence as to Monk of the possession of the stolen property.
Witness for Gue.
ROBERT CARR I am foreman to Gue—he carries on business at 6. New Western street, Bermondsey—I have been engaged as book Keeper and foreman to him for the last two years—I let the vans an horses—when I was in the way they generally came to me—he had seven vans, and generally twelve horses, now we have eight or nine—on 26th September I remember Lofts coming—my master was not at home—he had had vans on two or three occasions before—He spoke to me on that occasion about a van, arid I let him one—he said he wanted to remove a few goods from Millwall to Camberwell—I inquireds Whether he wanted a light or heavy horse, and he had a light horse and light van, when he had a heavy load to take, and that was the cause of his breaking down—these are my entries in this boot—"27th September. 8. Davis, five casks of turps to Peckham Rye, and five to Chelsea"—the day previous, "September 26th. One horses van, one day, Lofts"—those entries were made by me—I also kept a ledger, and these are my entries: "One horse van, one day, 10s. 26th September, Lofts"—on 23rd there is an eh try "One horse van, six hours, furniture, Lofts, 9s." after Lofts had been to me on the 26th, we went over to a public-house and found Gue—we had a glass of ale—I told Gue I had let the horse and van—I said "this gentleman," meaning Lofts, "wants a horse and van, and he wants to drive himself"—he said "It is all right, let him have it"—I remember the casks coming—I assisted in unloading them, and one of Gue's other men helped—it was done openly, right in the light of daythey were put into another van of Gue's, and it was driven away by Davis the next morning.
Cross-examined. I have been a regular clerk in Gue's employ for the last two years; I may say I am constantly there—I am there from 11 o'clock in the morning till 8, or 9, or 12 o'clock at night—it does not; matter how long stay—I never said to Mr. Ingall arid Norman that the letting was always by Gue—I have authority to let horses and vans at any time,
whether Mr. Gue is in or not—I knew of my master being in trouble, and he knew that I had let this van—I was at the Police Court, but I was not called—he was defended by a solicitor—I don't know who Mr. Lofts is, or where he lives—I considered him an honest man because he looked like one—he was a casual customer—he told me he wanted to remove a few goods from Millwall to Camberwell—he did not tell me he wanted to remove turpentine—I booked five casks to Chelsea and five to Peckham, when the man came home at night—the 27th was on a Saturday—it was Friday the 26th I let the van out—the next day Mr. Gue would not allow the van to go out without a driver, so he sent Sam Davis with it—I first saw the turpentine when Savage brought it into the yard—I helped to unload it—I it was about 6. 45—the man desired us to keep it in the yard till the next I morning—I have not seen Lofts since. Re-examined. I knew Lofts had been a customer on more than one occasion—I knew him by name, and so did my master.
Witnesses in Reply. CHARLES INGALL (re-called). I had a conversation with Carr as to the letting of vans, Mrs. Gue being present—Norman and I went to see him some day subsequent to the 21st October, and we asked him whether he had anything to do with the letting of horses and vans—he said he had not, he came occasionally to write up the books, and the entries were made on a slate, from which he wrote up the day-book, which was written in pencil, and his duties were those of an occasional clerk.
NOT GUILTY .
MR. MILWOOD conducted the Prosecution; and Mr.
WARNER SLEIGH the Defence HENRY DAWSON. I apprehended the prisoner on the 11th—I said charged him with marrying Sarah Jones, his first wife being alive—he said "She will have to prove that"—I said "She will have ample proof, and will be able to do so"—he said "She was a wicked, designing woman, and this is the result of it"—I said "I have been informed that you were married in 1840, at the Abbey Church, Bath"—he said "Yes, my first wife left me twenty-two years ago, and I have not seen her since, and I believe she is dead"—I produce certificates of both marriages.
PETER CHARLES BUXTON . I am a smith, and live at Bath—the prisoner was married to my sister, Elizabeth Buxton; I was not present at the ceremony—I saw them go to church and return, and I was present at the marriage supper at his father's.
MARIA TROWSDALE . I live in Rickett's Court, Wigmore street—on 23rd December, 1868, I was present at the Register Office, Piccadilly, when the prisoner was married to Sarah Junes—he said he was a widower.
Cross-examined. I knew him through knowing Sarah Jones—I have known her fourteen years.
Cross-examined. I did not know that his first wife had left him twenty-two years ago—he buried a woman who I supposed to be his wife, and who he had a large family of children by; I did not know but that he was married
to her until a few weeks before I married him; he then told me he was not, it was only a woman he lived with—he told me his first wife had left him eighteen years, and ho supposed her to be dead.
P. C. BUXTON (re-examined). I have not seen the prisoner for the last seven or eight years—I have been from London eleven years, but he came to Bath about eight years ago and called upon me—I then told him that his wife was living in London, but in what part I could not tell—I have not seen her since 1860, when she came to my sister's funeral, that was after the conversation with the prisoner—at that time I did not know of her being alive.
NOT GUILTY .
NEW COURT.—Tuesday, December 16th, 1873.
Before Robert Malcolm Kerr, Esq,.
MR. COOPER conducted the Prosecution. WILLIAM STACEY. I am a solicitor, in partnership with Mr. Routh, at 14, Southampton street, Bloomsbury—the prisoner was our clerk, and left on 15th March—before that time, Mr. Ness, of Long Acre, owed us 10l., and in April Mr. Turner brought us a cheque, the endorsement on which was in the prisoner's writing—he had no authority to take that cheque or to endorse it; we have never received the money.
Prisoner. Q. Have you lost anything by the transaction? A. No. I have used your name in proceedings against music halls—I did not extort 36l. from a person in your name, but I saw the money in your hand; it was because the man did not have his name large enough over his door an action was brought in your name against Mr. Fort to recover a penalty for not conforming with an Act of Parliament—we authorised it—you presented petitions against the Bedford, the St. James's, and other music hails.
MR. COOPER, Were you employed against those people as a solicitor? A. Yes.
Prisoner. This is a conspiracy to put me into the workhouse, that these things shall not come out, but I am determined they shall.
THOMAS BRAITHWAITE TURNER . I am manager of the Oporto stores, George street—in March last the prisoner owed me 2l., ho brought me this cheque for 10l., and said "Tom, you have been bothering me for this 2l., take it out of this cheque"—I gave him a trifle on account then, and the balance two or three hours afterwards, 8I. altogether—it came back afterwards marked "Endorsement irregular," but it was endorsed correctly though it was not written all right in front—I took it to Mr. stacey, thinking he would endorse it so that we might get the money.
Prisoner. Did the bankers ever pay the cheque? A. No, I lost 8l.
DAVID NESS . I am a coach-builder, in partnership with my brother, at 4, Long Acre—we were indebted to Routh and stacey, in March last, 10I., and on 21st March I saw my brother draw this cheque (produced)—it was paid to the prisoner, who gave this receipt (produced) for it.
GUILTY .— Twelve Months' Imprisonment.
73. PATRICK DOWLING (56) , Unlawfully attempting to carnally know and abuse Susan Henry, a girl under the age of ten years, and Catherine Henry, a girl between the ages of ten and twelve, and indecently assaulting Ellen Lee and Ellizabeth Fergusson.
MR. KELLY conducted the Prosecution.
NOT GUILTY .
MR. DOUGLAS conducted the Prosecution. ELIZABETH BAYLEY. I am a widow, and live at 40, Gloucester street—on 10th November I was married to the prisoner at St. George the Martyr, Middlesex—he described himself as a bachelor in the certificate, and I believed him to be a single man—I had only made his acquaintance in October—the week after we were married, he said that he would work till it was dark, and then come home; he did not come home, and I went to the address he gave me before marriage, 9, Saville street, Fitzroy Square, and saw Mr. Arnold, the proprietor of the shop—I saw a woman who was at work there but did not live there, she said that she was the prisoner's wife—I went home, and found the prisoner in bed—I told him I had been to Saville street, and seen his wife—I said "You are a married man; let me know it from your own lips, and I will believe it"—he said "Yes; I am married, and I have got a daughter twenty-one years of age"—I informed the police subsequently, but not that week.
SARAH ANN SPONG . I am the wife of Robert Spong, of the Old Kent Road—I was present twenty-two years ago at a church in Spitalfields, when the prisoner was married to Jemima Jane Miller, whom I knew—we lived in a house of business together—she is still alive, and was here yesterday.
WILLIAM MITCHELL (Policeman E 85). I produce two marriage certificates (Read: "John Seeley, bachelor, and Jemima Jane Miller, spinster, married at St. Mary, Spitalfields, Middlesex, September 14th, 1851." "St. George the Martyr, Middlesex, John Seeley, bachelor, and Elizabeth Bayley, widow, married November 10th, 1873."
NOT GUILTY .
MR. SAFFORD conducted the Prosecution. ROBERT WEYER. I am a stevedore, and live at 32, Grafton street, Mile End—on 4th December I was at work on the Rhine steamship, lying in the thames, alongside St. Katherine's Docks—I left my coat on the deck about 3.30 p. m.—I returned about 4.30 p.m. and missed it—I was told something, went in pursuit, and saw the prisoner with my tobacco box in his hand, and my coat on his back—I said "that is my tobacco box, and that coat you have on your back belongs to me"—I forget what he said—I held him till a constable came, and then he offered me 2d. to let him go—I value my coat I at 5s.
GUILTY .— Twelve Months' Imprisonment.
MR. F. H. LEWIS conducted the Prosecution.
WILLIAM MILLS . I am clerk to Messrs. Culver, wholesale jewellers, of Clerkenwell—on 10th December the prisoner brought this order, purporting to come from Messrs. Hutton, and on the faith of it being genuine, I let him have four gold chains—I subsequently communicated with Messrs. Hutton and heard something—on 12th December the prisoner came again with a second order, purporting to come from Messrs. Hutton—I referred the
matter to Mr. Culver, who asked the prisoner if he came from Messrs. Hutton's—he said "Yes"—I asked him to go there with me—he said that he would, and we left the house together—going along Goswell Road he said "Will you go on to Hutton's?"—I said "No"—he said "You have your business to attend to and I have mine"—I said "My business is to attend to you"—he asked me if I thought he was a thief—I said that I did not know, I was trying to find out—he said that he must go into Basinghall street—I went there with him, and he ran away—our conversation was in English, I don't understand any other language—I afterwards saw him searched, and one of the chains found on him.
EDWARD WILKINSON RIPPIN . I am in Messrs. Hutton's service, and sign all orders for jewellery—these orders are not in my writing, or written by my authority—this is an attempted imitation of the initials of the firm in the corner—this bill-head is not one of ours.
MICHAEL GORMLEY (City Policeman 119). I received the prisoner in custody on 12th November, and told him the charge—he said "A man gave me a piece of paper and told me to go to Culver's and get the jewellery, and I did so"—I found on him a gold chain and other articles.
GUILTY .— Eighteen Months' Imprisonment. There was another indictment against the prisoner.
OLD COURT.—Wednesday, December 17th, 1873.
Before Mr. Justice Denman.
MR. ST. AUBYN conducted the Prosecution; and MR. MONTAGU WILLIAMS, with MR. WICKHAM, appeared for Mason; and MKSSRS. BESLEY and GRIFFITHS for Lahore. WILLIAM BIRCH (Policeman K 54). I was present when the deceased's deposition was taken, on two occasions—the prisoners were present, and had an opportunity of cross-examining him—the deposition was read over to the deceased, and he and the Magistrate signed it—(Read: "The examination of William Brimson, taken on 5th November, 1873, in the presence and hearing of the prisoners charged with assaulting him.—I live at this house, No. 1, Old Ford Road; a fortnight ago, on Monday last, at 5. 45 in the evening, I was at the corner of Grove Road, and the prisoner Mason took me up and threw me down like a dog. I cannot be mistaken; he did not say a word; he left me there; he threw me on the ground, and I fell on the side of my back. I cannot make any mistake. I had not had a quarrel, not a word with him. I knew him before. I did some work for his employer, I painted the gates. He (Mason) was mad drunk when he did this. It was not quite dark at the time. I can give no reason for his doing this. I do not know the other prisoner, Lahore.
Cross-examined by MASON. It was not Sam Bradford that did it I heard that he (there was about eight of them when he knocked me down) went into the City of Paris public-house. I did not know Sam Bradford by name. I cried most bitterly, and one of them came and helped me up, and I, to help myself, laid hold of his clothes, and that man, I found, had corduroy clothes on, and that man kicked me; it did not hurt me so much as the fall, it did not last five minutes; when I had the fall I thought I had got my death-blow. "Further examination on
6th November: The man in corduroys kicked me more with his knee than with his foot, and the blow caught me on the back, about the middle of it, but I had been injured before then; the blow on the back did not hurt me much, and I did not know if the blow bruised me or not. The lamp was not alight, the lamp-lighter was going to light it, and spoke tome; I did not see the light at all; I was too much injured to notice whether it was lit afterwards.")
ROBERT BRIMSON . I live at Alpha Cottages, Stratford, and am the brother of the deceased—he would have been sixty years of age next March—I was present when the prisoner and several other men were brought into his roam when the Magistrate was there, and previously when the police brought the two prisoners in the first instance—there might have been six, seven, or eight men brought in—the were brought round to the end of his bed, and he immediately pointed to Mason and said "That is the man that has done it"—he did not say anything particular about the other man—I was with him at his death.
Cross-examined by MR. M. WILLIAMS. I do not know whether a man named Bradford was brought to his bedside—the officer was present.
FREDERICK WISKER . I am thirteen years old—I live at 53, Driffield Road, with my parents—on Monday evening I was playing in the Hewlett Road, and saw a lot of men come by; I should think about six or seven—the prisoners are two of them, I am sure—I saw Mr. Brimson coming down the Grove Road, the six or seven men met him, some of them went on, and the others stopped and struggled with him, about three—Labore was one of them—I am not sure whether Mason stopped and struggled—as the were struggling, the fell to the ground with Mr. Brimson—the three men and Mr. Brimson fell; all of them—then two of them picked him up—I don't know who those two were—Mr. Brimson walked to the paling in front of Dr. Davey's house—I spoke to him, and went to his house and told his daughter, and she came out running—I ran with her, and we met Mr. Brimson and a young man leading him home.
Cross-examined by MR. BESLEY. I was not very far from them when it occurred—from the time I was standing there till I went to Mrs. Brimson's I should think it was about twenty minutes—I did not see the lamplighter.
COURT. Q. Did Mr. Brimson seem to be hurt at all 1 A. Yes, he groaned, and put his hand to one of his sides—he did not speak to me.
ALFRED DUGGAN . I am twelve years old—I live with my parents at 108, Driffield Road—I was along with Wisker this evening about 5.30—I saw Mr. Brimson and the two prisoners—I saw Labore knock him down with his closed hand—I did not see where he hit him—then the went on and knocked two other gentlemen down—there were about five or six of them, but only these two were there when Labore knocked Mr. Brimson down—the others were not far off; about as far as the other end of this Court—after the knocked him down, the joined the others and knocked two other gentlemen down—then the went on, and went into the City of Paris public-house—that is right over the bridge—the picked Mr. Brimson up—I don't know which one did that—it was one of the two that knocked him down—I did not see anything else happen to him—he went away—I did not go near him.
Cross-examined by MR. BESLEY. Iwas walking along with Wisker—this was opposite the Park gates—it was getting dark—I was close by
Wisker—I did not see Lahore kick Mr. Brimson—there were only two persons there when this was done—there were more, they were walking along; they were not attacking Mr. Brimson—there were fire or six of them—I only saw two attack him, the rest were some distance off when he was thrown down—I did net see anyone fall upon him—I don't recollect having said that four men fell on him—my deposition was read over to me—I did say before the Magistrate that four men fell on him—that is con got; I recollect it now—they knocked him down, and the others all scrambled on the ground—I was close by—four men fell on him and tumbled on the ground over him—there were some of the fire or six—they were along with these two—I don't know who they were—I did not see them injure him—Lahore was the one that threw him down—I am sure Mason was along with him—I did not see him touch him—I did not go with Wisker to Mr. Brimson's house—I followed the men to the City of Paris—there were six men altogether—I could not say whether there might be more.
FREDERICK SAMUEL TAPP . I am thirteen years old next birthday—I live with my parents at 22, Ford Street—I recollect the night of this disturbance I saw Mr. Brimson knocked down by two men—the first thing I saw was Mason trying to knock a gentleman down who had some coals on a truck—Mason had some boards in his hand that they stick bills on; the man was too much for him—there were six or seven other men; they went further on, and these two were alone—I saw Mason knock Mr. Brimson down by the lamp-post against the Victoria Park gates—I did not see what he knocked him down with—Lahore was dose to him at the time, and he picked Mr. Brimson up and kicked him after he was up, in the thigh—then they went on and they came to a lamp-post further up, and there they knocked a young man down and made his ear bleed; then they knocked down another man who was along with him—they then went on over the bridge to the City of Paris—I peeped in at the door and I saw Mason in there, dancing, and Labors playing a Jew's-harp; I then went home—there were about six or seven men in the City of Paris when I peeped in.
Cross-examined by MR. M. WILLIAMS. I am sure it was Mason that knocked Mr. Brimson down—I have said that it was a Bible-backed man that knocked him down; I mean a man with a hump on his back, he looked like a man with a Bible-back in the open road—I saw Duggan there, I was with him—J did not see Wisker—Wisker and Duggan were not together.
Cross-examined by MR. BESLEY. I should not know the other men—I did not pick out a strange man at the police-station as the man who had kicked Mr. Brimson, I picked out these two—it was Labors that kicked him; I am quite sure Lahore did not knock him down.
THOMAS RANDS . I am a lamp-lighter, and live at Hackney—on this Monday evening, about 5. 45, I was crossing the Old Ford Road and saw Mr. Brimson lying on the ground, groaning—I went over to hit him up, but before I got there two men lifted him up—I don't know who they were—I did not sec him fall.
Cross-examined by MR. BESLEY. I did not see the men who picked him up use any violence to him; it was very near dark—I saw three or four other men, or there might have been more, going down the Old Ford Road, in the direction of the City of Paris, about 20 to 30 yards off; the two men followed in the same direction.
men altogether, the prisoners are two of the gang—they were on the other side of Duckett's Canal bridge, in Old Ford Road, dancing about and making a deal of noise—I saw one of them take up a board from a news agent's, close to the Hewlett Road, and strike a man on the head with it who was wheeling a coal truck—I could not swear to the man that did thatI saw them go a little further, and there was an old gentleman and a lady carrying a basket of washing, and one of the gang threw himself upon the basket, and drew the old lady down, and the old gentleman took his walking stick and dealt a blow on the man's head—after that I went to the deceased's shop to inquire if he was at home; I wanted to see him on business 1l. he kept an oil and colour shop at the corner; finding he was not at home, I went in the direction of Cambridge Heath to meet him, and saw him holding on by the iron railings; he complained of being ill-used; he was helpless and groaning very much; I afterwards led him home.
THOMAS HOWARD DILWORTH . I am a physician and surgeon, in Old Ford Road—I was called in on 20th October, about 6. 15 in the evening, to see Mr. Brimson at his own house—I found him in a state of prostration, suffering from intense pains—I gave him a composing draught, and saw him again in about 20 minutes—I then found him suffering from a fracture of the third and fourth ribs—he went on pretty well until the Thursday following; pleuritic inflammation then came on, and he then commenced to complain of great pain about the right side—that was not connected with the pleurisy—it was an independent complaint—he then explained to me that he had received a blow in the side—he gradually sank, and died on 6th November—the cause of death was pleuritic inflammation in the first instance from the fractured ribs, and peritonitis afterwards following—there was a contusion on the side where the fracture was, just under the left arm—there was no external injury on the right hip, or on the back—there might be a kick from the knee without causing any contusion externally; on the post-mortem examination we found a contusion of the bowel, just beneath where he complained of the pain.
Cross-examined by MR. BESLEY. There was no trace externally of any bruise or contusion in the back—I saw him three times a day until his death; he never moved from his bed from the first—we did not expect to find the internal injury that-we did find, that would be caused either by a fall or a blow.
JOHN SIMPSON . I keep the Lord Morpeth public-house, in Old Ford Road—on 20th October the two prisoners and others were in my house together from dinner-time till about 5 o'clock—my house is over half a mile from the City of Paris.
Cross-examined by MR. BESLEY. I did not particularly notice Lahore's dress that evening; as far as I can see, he is dressed now as he was then—I never at any time saw him wearing corduroy trowsers.
Cross-examined by MR. M. WILLIAMS. I know Bradford, he was there that afternoon.
By THE COURT. I should think there were twelve or thirteen men there, of one party—they were customers at my place; they work opposite and come there regularly to their meals—the place where this happened is about half-way between my house and the City of Paris.
JOHN WHARTON . I am a waterman, and live at 81, Hewlett Road—on 20th October, at 5. 57 in the evening, I was coming along the Old Ford Road between the Victor and the Crown public-houses—there was a party
of men coming along, I counted seven afterwards—they were all singing and merry-making among themselves—as we got close up to them, my fellow-servant went on one side of them, they divided, and I was picked up by them and thrown down—I saw the two prisoners there, they were among the lot, but I could not say that they assaulted me—I followed them to the City of Paris, five went inside and two remained outside—we went in at one side of the bar, there are two partitions to the house—Mason was dancing, and Lahore was playing the Jew's harp.
Cross-examined by MR. BESLEY. I struck the man who assaulted me in the face as hard as I could with my fist, I could not say that I marked him—that was after he had thrown me up in the air; I caught him round the neck as I fell—that was not either of the prisoners.
GEORGE WILSON . I am a waterman, and live at 10, Ellesmere Road, Old Ford—I was with Wharton—we met a party of men, the prisoners are two of them—some of the party first knocked Wharton down, and upon my going to his assistance, they gave me a blow in the ear, and knocked me up against the rails of a terrace of houses, and on my getting up, they hit me again, and I had two kicks—I got away from them, and followed them to the City of Paris—I went in there, and Labors was playing the Jew's harp, and Mason dancing.
EMMA DAVIS . I keep a tobacconists' shop, at 24, St George's Place, Old Ford Road, not two minutes' walk from the City of Paris—on Monday evening, 20th October, about 6. 40 p. m., Lahore and another man not in custody came in—Lahore asked for a 1d. cigar, my father offered him one, he would not take it; he offered him a second, he would not take that—my father said "What will you have?"—he said "I will choose for myself;" and instead of taking one, he took two—my father said "You have taken two"—he said "No; I have not"—he dropped one and tried to tread on it—my father went to pick it up, and he struck him a violent blow in the face-my father tried to push him out, and he knocked my father down, and dragged him out of the shop—I went out to his assistance, and Lahore struck me three times violently, and I was knocked down and severely injured—I have been suffering ever since, and am now—I afterwards had him up before the Magistrate, and he was fined.
Cross-examined by MR. M. WILLIAMS. I did not see Mason there—I have not seen the second man since—I wish I had—I don't know his name—I should know him if I saw him.
Cross-examined by MR. BESLEY. Lahore was taken in custody at my shop—the other man struck the policeman with a large stone and broke his helmet.
WILLIAM BIRCH (re-examined). On 23rd October, I saw the prisoners at work at Victoria Wharf, Old Ford Road—I asked Mason if he was one of the gang who was drinking at the Lord Morpeth on the Monday before—he said "I was"—I said I should take him into custody on suspicion of violently assaulting Mr. William Brimson, on Monday night, the 20th October—(Mr. Brimson was not then dead)—he said "I know nothing about it"—Detective Withers was speaking to Lahore at the time—I heard Lahore say that he was too drunk, that he recollected nothing after leaving the Lord Morpeth and Mason taking him home—on 23rd, I took the prisoners and five others to Mr. Brimson's bedside—three went in front of Mason, and as soon as Mason entered the room, Brimson said "That is the man that struck me and knocked me down"—Mason said "It was not me, governor, I know
nothing about it, so help me God, I don't"—there was one man standing between Mason and Lahore—I asked the deceased if there was any one else there that he knew—he said "I don't know, I am not certain; but I think the one nearest you was there," or "the other one, "I think were his words—I imagine that he meant Lahore, he was looking towards him.
Cross-examined by MR. M. WILLIAMS. I do not know Bradford, I have not seen him, I have not looked for him—I heard of the assault on Miss Davis by Lahore and another man; I have not endeavoured to find that other man.
HENRY WITHERS (Detctive Oficer K), On 23rd October I went with Birch to the Victoria Works and saw Lahore, and said I should take him into custody for being concerned with another man in violently assaulting Mr. Brimson—he said "I will tell you the truth; I was with them, but I was so drunk Mason took me home"—on the road to the station he said "I have told you a lie; I was charged the same night for assault, and taken to Worship Street police-station, and fined 20s. or fourteen days"—that was for the assault on Miss Davis.
In reply to an inquiry from MR. M. WILLIAMS, whether there was any case to go to tine Jury on the charge of murder, MR. JUSTICE DENMAN could not absolutely say that there was no evidence on that charge; if the Jury should draw the conclusion that the prisoners had a deliberate intention, with others, of recklessly assaulting whomsoever they met, and in pursuance of that common purpose killed the man, that would be murder; but it would be safer to regard it as a case of manslaughter. MR. GRIFFITHS submitted that as the cause of death was proved not to have arisen from the hick alleged to have been inflicted by Lahore, there was no case against him, MR. JUSTICE DENMAN considered that if the Jury were satisfied that either or both the prisoners took part in the violence used, they would both be guilty of manslaughter, although one only may have given the fatal blow, MR. M. WILLIAMS, proposing to call witnesses on behalf of Mason, a question of practice arose as to the right of Counsel for the Prosecution to sum up or reply as against one or both of the prisoners, MR. ST. AUBYN waived his right to sum up; and as to the reply, the case of "Reg. v. Hayes" 2 Moody and Robinson, 185. was referred to, and MR. JUSTICE DENMAN, upon the authority of that case, decided that the prosecuting Counsel had a right to a general reply. The following Witnesses were called on behalf of Mason, ROBERT WHITE I live at 17, Bateman Street, and am a deal porter—on the evening of 20th October I was in company with the prisoners at the Lord Morpeth—it was getting towards dusk when we left, it must have been between 5 and 6 o'clock; there was me and Mason, his brother Thomas, and Benjamin Ward left together—the others remained behind—there was about fourteen or fifteen of us there all day long, some that work along with us, and some that work at the City Saw Mills—us four went from there to the City of Paris—nothing happened on the road; I did not see any one assault anybody, not with us four—we had been in the City of Paris some minutes—we had two pots of beer and a third was called for when Lahore and Sam Bradford came in and spoke to us—we then went away and left them—Mason was in my company from 6.30 in the morning, till I left him between 6 and 7 o'clock to go home—I saw no assault committed by him—when we left the Lord Morpeth, Bradford and Lahore were of the party that were left behind.
Cross-examined. Only four of us went from the Lord Morpeth to the
City of Paris—Bradford and Lahore came in about ten minutes after us, or perhaps not so long—there were only six of us there—it bad been a wet morning, and we could not work—our work is very dangerous in the wet—we had had a drop of beer, but nothing to speak of—we were not drunk; we were about half-and-half—we had some singing and dancing while we were at the Lord Morpeth, but none in the City of Paris along with us—Lahore played the Jew's harp at the Lord Morpeth, and I believe he danced, too—Mason did not, not at either place—I never saw him dance—I don't recollect meeting the witness Wharton, or anybody, on our way to the City of Paris—we might have met some persons, but we had nothing to Bay to them—I have seen Wharton and Wilson coming in to the Lord Morpeth and having a drop, and going backwards and forwards to work—I did not see them come into the City of Paris when Lahore and the other man joined us there—I was dressed that night as I am now—I have corduroy trousers on now—we four walked quietly along all the way from the Lord Morpeth to the City of Paris—I saw no assault committed on anybody, or any misconduct, or noise of any sort.
THOMAS MASON . I am the prisoner's brother, and live at 88, Garrick Street—I am a porter—on 20th October I was with my brother, and left the Lord Morpeth with him, and White, and Ward—we left Lahore and Bradford there, and went on to the City of Paris—I did not see any assault committed by anybody on the way—my brother was not out of my company at all during the time—we proceeded all four together to the City of Paris—after we had been there some time, Lahore and Bradford came in—I heard Bradford make a remark, and mention the bridge—I was examined before the Magistrate.
Cross-examined. I was one of the party that had been drinking all the afternoon at the Lord Morpeth—we did not have very much to drink.
By THE COURT. We came along very quietly without any disturbance—Lahore was not playing the Jew's harp at the City of Paris—I did not hear him—he was, at the Morpeth—I did not see any dancing at the City of Paris—I was quite sober—some of the party were three-parts drunk—I should think Bradford and Lahore were the drunkest—my brother was not drunk.
BENJAMIN WARD . I was at the Lord Morpeth, and went from there to the City of Paris with the prisoner Mason, his brother Thomas, and White—we left Bradford and Lahore behind—after we had been at the City of Paris five or ten minutes they came in—Lahore played the Jew's harp there as soon as he came in, and he had played it at the Lord Morpeth also—I saw no assault committed as we four came alone.
Cross-examined. We had been having a good drop of drink—the City of Paris was on our way home—I don't recollect meeting anybody between the Lord Morpeth and the City of Paris—I had had more drink than I ought to have had, and so had a good many of them—Mason was nothing the worse for liquor, but I think we had all had more than we ought—we did not have a tussle with anybody on the road—I did not see Wharton or Wilson look in at the City of Paris while we were there.
By THE COURT. We came along perfectly quiet without any disturbance of any sort—I do not recollect seeing anybody but Lahore and Bradford come into the City of Paris—they were the only two of our party that came from the one place to the other—I did not see Mason dancing—I cannot swear whether he did or not—I might not have taken that notice.
GUILTY of Manslaughter — Five Years' each in Penal Servitude.
NEW COURT.—Wednesday, December 17th, 1873.
Before Mr. Recorder.
MR. RIBTON conducted the Prosecution. SIDNEY CHIDLEY. I am a solicitor, of 40, Great Marlborough Street—on 13th November I was in a restaurant in Maddox Street—the prisoner came in with a baby in her arms, and showed it to two females, one of whom exclaimed "Good God! the child is dead!"—I looked at it, and thought it was dead, but it moved its arm—it looked like a living skeleton—we gave her some money, and I said "You ought not to have that child out; you should take it at once to the workhouse"—she made some gesture—I thought she was grateful for the advice, and left her there—a few minutes afterwards she came out, and I watched her from public-house to public-house, stopping everyone she came to in Regent Street and Oxford Street, and uncovering the child to show it—it was a cold, frosty night, and a keen wind—I thought the child would not lire the night through, and gave the prisoner in charge for begging, in order that the child might get sufficient food and care—when she came out of the restaurant, she appeared to pass some money to a woman, and therefore I determined to take steps.
Prisoner. I did not expose the baby; they wished to see it to satisfy themselves that it was alive. Witness. It was not at the request of other people that she showed the baby—she did not ask for money, but she undid the child, and anybody with a farthing in their pockets, must have given her something.
RICHARD SMITH (Policeman C 16). On 13th November, the prisoner was given into my custody—the child was placed in the cell with her at the station—it was comfortably cared for, with wrappers, and had warm milk—I took it to the workhouse next morning and gave it to Dunston—the prisoner gave me an address in Whitechapel, at Sarah King's lodging house—I went there and saw the husband.
MARY DUNSTON . I am superintendent of the women's reception ward at the Westminster Union—on 14th November, Smith brought a child there—it had a shirt on, and over that a large piece of flannel, which children of that age do not generally have, and a flannel petticoat, two cotton petticoats, a little woollen jacket, and a warm flannel shawl—I took it to the doctor, it lived a fortnight, every care was taken of it.
JOSEPH ROGERS . I am medical officer of the Westminster Union—on 14th November, a female child was brought to me—I ordered it some medicine, a milk diet, and some wine—it was extremely emaciated, it only weighed 9lbs. 10z. without its clothes, whereas a child of that age ought to weigh 24lbs. or more—I sent it to the nursery, as there was hooping cough in the sick ward, and I directed that it should not be brought to me across the yard, but that I would go to it, which I did at some inconvenience—after its death I had it weighed again, and it only weighed 7lbs. 10 1l. 2oz.—I had given it eggs, brandy, and everything possible, but I was satisfied that it would die when I first saw it—I found no marks of injury, only extreme emaciation—the heart was healthy, in the chest there were old adhesions
of the lungs, and the pleura and ribs, which had been in existence seven or eight months; I also found deposition of tubercular matter in both lungs—the absorbent glands in the mesentery were enlarged, in some instances forming bunches as big as a walnut—I do not say that it Lad been suffering from want of nourishment, but from improper nourishment—it was most improper to take such a child out on a cold, November evening, and to keep it out for several hours, its life was in danger.
Prisoner. The baby was taken from sucking at my breast, and if it could have had a doctor it would have got well. Witness. After eighteen months the milk of the mother was more likely to be prejudicial than otherwise.
SARAH KINO . The house where the prisoner lodged is under my charge—she had lived there five weeks when she was taken in custody—I have frequently seen her go out with the child in the afternoon during October and November—both the father and mother used to be out till 11 or 12 o'clock at night—I have seen her come home with the child and have noticed its state and told her so—she was a very good mother to it and used to give it port wine—I told her that she ought to take it to a doctor—their circumstances were very poor; the father is here with another child four years and a half old.
Prisoner's Defence. I am very sorry that I was begging; I have lost toy baby now.
GUILTY .— The prisoner's husband stated that he was very poor, and had steered for years with a bad leg, and was only able to get an uncertain living by penmanship. He was ordered to enter into recognizances for the prisoner's appearance to come up and receive judgment if called upon.
M. COOPER conducted the Prosecution. HENRY WYATT: I live at 69, Winchester Street, Pimlico—on 16 November the prisoner came and asked me to change this cheque for him for 11., drawn on the Union Bank of London and signed "S. B. Catlin"—it is endorsed in the prisoner's writing; I have known him some time—I got It cashed by Mr. Bach, of the Monster public-house—I gave the prisoner 2l. and the rest of the money the following Saturday—the cheque was returned to me by my bankers—about tan days time, when I supposed the cheque was duly honoured, the prisoner brought me a second cheque, I took that also to Mrs. Bach and got 6l. in advance; the prisoner never had the rest—my belief is that the filling up of the cheque as well as the back of it is in the prisoner's writing—the endorsement being in the name of Mais did not induce me to ask him any questions; I thought it wits endorsed by his brother.
CHARLES SELCOCK . I am manager to Mr. Bach, of the Monster public-house, Pimlico—some time after 10th November, Wyatt brought me' a 11. cheque, and had 2l. on account—he afterwards brought me an 18l. cheque, I gave him 6l. upon it, and in half-an-hour the first cheque came back; I put the two together, and seeing that they both came out of the same book, I sent for Mr. Wyatt.
RICHARD SHERWOOD . I am a solicitor, of 11, King William Street, Strand—these two cheques have been torn out of a cheque-book which I had of the Union Bank in 1870 and 1871—I have the, counterfoils; six
cheques have been torn out and one left loose in the book—the numbers of those torn out are 03,044 and 03,045—I have seen the prisoner in tin office; he was a witness in a case tried on 18th November—this cheque book had been put away with other papers in a drawer in my office table—if he was in the office alone it would be possible for him to have taker these cheques out.
JOHN WILLIAM ROGERS . I am a clerk to Mr. Sherwood—the prisoner was a witness in a case which we conducted in the Lord Mayor's Court—this (produced) is our call-book—the prisoner has been alone in the office, but for a very short time.
Prisoner. Q. Has not Mr. Bradbury, a clerk of Mr. Sherwood's, been left alone in the office? A. I cannot say—he often called, but he was seldom asked up stairs because Mr. Sherwood was seldom at home.
Prisoner's Defence. These cheques were given to me by Mr. Bradbury to get the money for them. Where he got them from I do not know. He is a client of Mr. Sherwood. I took the money to Mr. Bradbury, and he paid me a portion of the money he owed me. When the prosecutor told me that the cheques had been taken from Mr. Sherwood's office I was thunderstruck. As soon as I was apprehended, Mr. Bradbury went into the hospital, where he is at the present moment The endorsement is my writing, but the rest I know nothing about Mr. Bradbury asked me to endorse them. Mr. Wyatt knows Mr. Bradbury, and has seen him with me.
K. SHERWOOD re-examined. There is such a man as Bradbury, because he was the plaintiff in the action—I have known him three or four years, as a client only—I know nothing of his personal character—he has been in my office, but I should not think he would take the cheques.
GUILTY .*— Eighteen Month's Imprisonment. There was another indictment against the prisoner.
THIRD COURT, Wednesday, December 17th, 1873.
Before Mr. Common Serjeant.
MESSRS. GLYN and BUCK conducted the Prosecution.
WALLACE HOLDEN . I am a silversmith at 18, Hosier Lane, West Smithfield—on Saturday, the 6th of December, between 4 and 5 o'clock in the afternoon, I was walking with a friend down King William Street, by the statue—I saw the prosecutor by the White Bear public house—he was slightly inebriated—I saw the three prisoners standing close to him, and Thompson passed something to Dewson—I could see it was some piece of jewellery, it glittered—I could not see what it was, it was getting duskThompson went back to the prosecutor again, and Dewson went a few paces back on the pavement, and spoke to another man—they walked towards the statue, and then Dewson ran away—I followed him, and he was given into custody—Clifford was speaking to the prosecutor—I did not see what became of the two women, they were gone when I came back.
Clifford, Q. Did you see me use a handkerchief? A. No.
ALFRED GANN . I am a shipbroker, and reside at 140, Burdett Road, Mile End—on the afternoon, December 6th, I was with Mr. Holden by the statue in King William Street—as we were standing there we saw the prosecutor, the worse for liquor—I taw Thompson pass something to Dewson—Thompson and Clifford stood near him—my friend ran after Dewson, and I went behind him—we missed sight of him behind some waggons, but coming under the waggon wheels I caught him, and gave him iuto custody—we went back to the White Bear, and found the prosecutor had gone on to the police-station, and on arriving there we were about to give our evidence, when the two females were brought in—they were the women I had seen Close to the prosecutor.
Dewson, Q. What was the charge you gave me to the policeman for? A. I did not give any charge, my friend said he thought it was a watch you had stolen, he saw something that glittered.
HENRY ALLEN . I am a printer, and live at 5, Pleasant Bow, Kennington Road—on the afternoon of 6th December I was close to the statue in King William Street, and saw the two female prisoners and the prosecutor—I saw Thompson take the pin from the prosecutor's neck handkerchief, while Clifford wiped his mouth with a handkerchief which Thompson gave her—I told a constable—after the pin was taken the end of the prosecutor's scarf came out, and it seemed loose round his neck—another man took it from his neck and put it in the prosecutor's pocket—I turned round and told the prosecutor, and they were gone when the constable asked me where they were—I next saw them at the station.
SIDNEY HILL . I am a commercial traveller, residing at 9, Goldsmith Street, Gutter Lane, City on 6th December I was in King William Street—I was the worse for liquor; but I was drinking soda water when this occurred—I recollect some people coming round me—I don't recognise any of them—I felt them take my pin from my scarf, and missed my handkerchief from my neck—the pin was worth about 12s.
MAURICE POCOCK (City Policeman 727). About 5 o'clock on Saturday afternoon, 6th December! I was in Lower Thames Street and heard a cry of "Stop thief!" and saw Dewson running—he shot underneath a van, and was stopped by one of the witnesses—I found the prosecutor at the station, and the two women were brought in shortly afterwards.
WILLIAM SHEEN (City Policeman 756). I was by the statue in King William Street on Saturday afternoon, 6th December—I saw the prosecutor and a crowd outside the White Bear—I went to ascertain the cause and found another constable with the prosecutor—the witness Allen came to me, and I went in the direction of Fish Street Hill, and saw the two women—I heard them ask three men which way a constable was gone with a prisoner—I followed them, and they asked the same question of a costermonger—I kept behind them, as they were in company with a man, till they got to the police-station door—I opened the door and put them in—the man made his escape—they were identified as the parties who had stolen the pin. Demon's Defence, I am not guilty. They charged me with stealing a watch, and I was at the station five minutes before they brought these prisoners in, and they charged me with them, and I never saw them before they were brought in.
Clifford's Defence. I am not guilty. I never saw this young man, to my knowledge, in my life, until I saw him at the police-station.
Thompson's Defence. As to taking the pin from the man's scarf, I never did.
DEWSON— GUILTY .**
He also pleaded guilty to having been before convicted in October, 1872— Seven Years' Penal Servitude.
CLIFFORD and THOMPSON— GUILTY .— Nine Months' Imprisonment each.
MR. BUCK conducted the Prosecution. ALFRED STEPHENS. I am shopman in the employ of Messrs. Troup and Company, 36, Hatton Garden—on 10th December the prisoner came to the shop and asked to look at some signet rings—I showed him a case of signet rings—he looked at several of them and picked one out, and said he would take it—he asked the price—I told him 38s. 6d.—he said he wanted his initials, "J. H.," put on it—I asked him whether he would pay for it—he said "No"—I shut the case up and referred to Mr. Troup, who was in the shop, to know whether he was to have it—Mr. Troup said "Not without the money," and I told the prisoner he could not have it without the money—he went away—the next morning a constable showed me these two rings which had been in the case when I showed the rings to the prisoner.
ALEXANDER JAMES TROUP . I am a jeweller, at 36, Hatton Garden, in partnership with two other gentlemen—the prisoner was in our employ—he left in 1870—these two rings are our property—they are worth, together, 4l. 18s. 6d.—I never sold them to the prisoner.
JOHN GOLDEN . (City Policeman 400). On 10th December I was called to Attenborough's, the pawnbroker's in Fleet Street—I saw the prisoner there—young Mr. Attenborough told me he had offered two rings in pledge, and he did not like the look of them—while he was speaking to me the prisoner walked out of the shop, and attempted to run away; I went after him and brought him back—I asked him where he got the rings from—he said "They are all right, I had them from Mr. Payne; I bought them this morning in Westbourne Grove"—I told him I should have to detain him to see whether it was correct—I took him to the station first, and then to Mr. Payne's in Westbourne Grove—in the prisoner's presence I asked the manager if he had purchased any rings there that morning—I showed him the rings, and he said "No; neither have we any of that kind in the shop; we never keep them in stock"—the prisoner said "Oh, that is all right; I bought them of Mr. Payne, you know nothing about them"—he said "Mr. Payne has not been in the shop for the last seven weeks past—I searched the prisoner, and found a metal watch and chain, and 6s. 6d. in money.
Prisoner's Defence. I have been in the habit of travelling in jewellery, and I had an invoice of the articles—I knew Messrs. Troup's mark, and I marked my goods the same.
HENRY SESSEL . I am a jeweller, at 22, Wilderness Row—on 2nd December the prisoner came to my shop and said "I have a customer for two rings, Mr. Johnson"—I went round with him to Mr. Johnson with four rings, and he said he did not want any, and afterwards the prisoner said "I can go to a few shops and sell some rings"—I gave him the four diamond rings in one box, and he said he could sell them at some shops—we went to a few
shops—I waited outside a pawnbroker's shop in the Strand, and he ran out of the back—I waited about twelve minutes, and then I went inside and found he was gone, and I went round to the police-station—there was a side way out of the shop—I have not seen my rings since.
Cross-examined by the Prisoner. I told you to go and pawn them at Harrison's—I did not offer you any commission at all.
WILLIAM JOHNSON . I am a wire worker, at 25 and 27, Old Street—the prosecutor and prisoner came to my place and offered some rings, but I did not see the rings; I said I did not want them; I told them to go away.
GUILTY .— Nine Months' Imprisonment on the first indictment, and Six Months' on the second indictment, to commence after the termination of the first sentence.
MR. SAFFORD conducted the Prosecution; and MESSRS. A. B. KELLY and WARNER SLEIGH the Defence. DAVID FLEMING. I am a marble mason, and live at 19, New Church Court, Strand—on the night of 24th November, about 9. 15, I was in White Horse Yard, and the two prisoners came up to me; Kelly, when he got within arm's reach of me, hit me a violent blow under the right eye, and knocked me down, and while I was lying down they kicked me on my chest and arms, and took my chain from me—I seized my watch, and McAuliffe caught hold of me, took my chain away, and tore my coat right up to the elbow—they both got up and ran away—I followed, and caught Kelly at the top of White Horse Yard, the entrance to Drury Lane—my wife was at the corner, but I did not know she was there until I was down and heard a voice—I held Kelly, and he threw me in the gutter and punched me right and left—I held him till the police came up—I gave him in charge for assaulting me, and robbing me of my chain—I went to the station, and McAuliffe followed—I asked the inspector if he would search McAuliffe, he said he could not do that as he was not in custody—I was bleeding then from the eye, and was bruised about my body, and not altogether in my right senses, or I should certainly have stated a charge against McAuliffe—the value of the chain was 50s.
Cross-examined. I have my watch still—I am quite sure I had the watch that night—I produced it at the station—I was perfectly sober—I did not walk up White Horse Yard arm-in-arm with Kelly—I was present when my wife was examined at the Police Court—I never heard her state that—she stated that she was at the corner of White Horse Yard, speaking to a man, when she saw me holding Kelly by the neck, and crying out I had lost my watch and chain—there was no fight at all, Kelly struggled to get away, and I kept hold of him—we were on the ground together when the policeman came up—I did not hear it stated to the policeman that it was a drunken fight—I first charged Kelly with assaulting me and robbing me of my chain—I had made the charge about three minutes when McAuliffe came in—I said to the inspector "That man could tell you the way I have been abused as well as I can myself," and I pointed to McAuliffe—I said "He ought to be where the other man is"—I don't remember Mc. Aucliffe saying that I had got what I deserved—I did not hear him make any reply at all—McAuliffe said "They ought both of them to be locked up for fighting," and I said "After a man has been knocked down and robbed, do,
you want to make a fight of it?"—when I called upon the inspector to have him searched the inspector said "No, you first of all call upon him as a witness, and because he does not bear out what you say you accuse him of being concerned in the robbery," or words to that effect—I have passed by another name—in my boyhood days I was locked up—it was felony, of course, but it was a very simple affair I was convicted for—I should only have got a month, but my father prosecuted me, and wished I should be sent away—I was sentenced to three years; that was in 1859—a gentleman dropped a ring and some half-pence, and I was taken amongst them—McAuliffe came up before the Police Magistrate the next day, of his own free will—the policeman asked him whether he would come up before the Magistrate, and he was there the next day—I was giving my evidence, and the Magistrate said "Pick the man out," and I did so, and gave him into custody.
ELLEN FLEMING . I am the prosecutor's wife—on the night of 24th November, about 9. 15, I was standing talking to a young man at the corner of White Horse Yard—Kelly came up, and he up with his fist and hit the young man I was talking to in the stomach for nothing at all, and walked away down White Horse Yard—about three or four minutes after I saw my husband and him tangled into one another—my husband had bold of him and said "He has robbed me of my watch and chain"—I screamed "Police!" and "Murder!" and there was such a mob I could not see what was done, but my husband had Kelly by the collar, and he was punching my husband right and left in the face.
Cross-examined. My husband did not punch him—I had a paraffin bottle in my hand, and that got broken—I did not say to my husband "Take hold of this bottle and smash his brains out"—I saw my husband and Kelly coming up White Horse Yard together; my husband had hold of him, and he had hold of my husband—my husband was not there when Kelly struck the young man—his name is David Thompson—he was up at Bow Street three remands, but I don't know whether he gave evidence—my husband had not stripped to fight—he had not got his jacket and waist-coat off—I said at the Police Court that McAuliffe carried Kelly's clothes, not my husband's—I did not see when Kelly took them off—there was some thousands of people there—I did not see Kelly knock my husband down—I did not get in the crowd at all—my husband did not lose his watch, he has it now; he lost his chain—McAucliffe went to the station, carrying the clothes—my husband did not hit right and left at Kelly—they were struggling about five or ten minutes—Kelly was very tipsy.
THOMAS JAMES (Policeman G 250). About 9. 15 on this night I was on duty in Drury Lane, and saw a crowd surge across Drury Lane from White Horse Yard—I went up and found the prosecutor lying on his back in the gutter, and Kelly on the top of him—they were struggling very violently together—I took hold of Kelly and pulled him off the prosecutor, who then got up and charged the prisoner with striking him—he had a large bruise on his face, and blood running from it—on the way to the station, the prosecutor said "He has taken my chain also"—I told Kelly the charge, he said "It is only a drunken fight"—the prosecutor showed his watch to the inspector.
Cross-examined. When I went up it looked like an ordinary Drury Lane row—there are a great many in the course of the week.
and then it resolved itself into a felony, stealing a chain—that was only against Kelly—the prosecutor said he charged Kelly with assaulting him, and he had a mark of a blow under his eye, and he told me Kelly did that in knocking him down—I hesitated about taking the charge, it seemed to me that it was a fight, from what was said, and then he charged him with stealing the chain—the watch was produced—there was nothing to show that any chain had been attached to it.
MR. SAFFORD here withdrew from the Prosecution. NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. DAVIS conducted the Prosecution; an.
MR. COOPBR the defence. GEORGE CLARK. I live at Underhill Villas, Woodford—I have the right from my landlord for my fowls to run over a piece of waste ground outside my premises—I missed a duok early in October, and on 9th November, I found a fowl in a wire snare, close to a pit where some men were at work—I afterwards found more snares set—on 22nd November I saw a fowl produced at the Police Court—it was my property, and I had seen it safe on the Tuesday previous—it was worth 1l., and I would not have taken 2l. for it, it had just commenced laying—I afterwards searched, and found this rattrap.
Cross-examined. The hen was a cross between a Seabright bantam and a pencilled Hamburgh—there are not in any houses near me.
MARY ANN CLARK . I am the wife of the last witness, and attend to the fowls—I missed one on 21st November, and saw it at the station on the 22nd—when I let them out on the 21st, there were twenty, I counted them afterwards, and there were only nineteen—I told Mr. Alp, who said that another had been killed, and I should find I had only eighteen now—I called them, and found only eighteen—I missed a small bantam, which my husband very much valued—the sergeant afterwards brought it and I said "That is my fowl."
Cross-examined. Till Alp spoke to me I had not missed the other fowl—he is the landlord of our house, and the other Alp is his son—I don't know what the prisoner is, or whether Alp is better off than he is—I have seen the prisoner working at rough work. Re-examined. It was the father who made the communication to me.
ALFRED ALP . I am a bricklayer, of Cowley Road, Wanstead, and am Mr. Clark's landlord—I own a piece of ground at the back of his house—on 1st October, I gave Perry a contract, and he employed the prisoner to raise some gravel—on 21st November, I had some conversation with the prisoner, he said that he was getting on all right, I went on to No. 182, and heard the cackling of fowls—I saw the prisoner leave Perry at work and go to where the fowls were—he picked up a brown one, which was fluttering, and my little boy said "Father, Abbey has a fowl"—I made a communication to Mrs. Clark directly—I was shown some wire snares made with the same kind of wire which is used for the gravel sieves, but I don't say that it is the same.
Cross-examined. I was not 200 or 300 feet off when I heard the cackling of the fowls—my son was waiting by the gate of No. 182—the earth was
not sunk in where he was standing, it was 2 feet higher than the pit where the men were at work—they might have seen me if they liked.
WILLIAM ALP . I am a son of the last witness, and was waiting for him on 21st November; he had gone to speak to the prisoner—I saw the prisoner go to the fowls, which all went away except one, a rather brown one, which he picked np—I saw it flutter in his hand—my father told me to keep a strict watch, and if they had taken anything else I should have seen.
Cross-examined. Perry was taken up for this, and the Magistrate discharged him on Monday—T spoke to Mrs. Clark and told her she had lost another fowl, and that I saw Abbey take it—Perry digs gravel—I was waiting for my father at the side of a fence; I was higher than the men who were at work—I was not in a pit, I was in the field.
EDWARD LEWIS MEADOWS . I live at Maybank Road, Woodford—on 21st November, I heard something about a fowl being lost—I went to the pit where the prisoner was at work; I had a dog with me—I saw this piece of hop sacking lying next to the prisoner's basket—I was present on 22nd November, when the pit was searched, and saw a fowl found in a piece of sacking like this—I was out with the prisoner one day, and I saw some wire snares carefully set in the bushes, as poachers would set them; I also saw a rat-trap found partly buried in the mould.
WILLIAM PHILLIPS . On 22nd November, I received information—I had been watching for an hour, and when the men left I borrowed a fork, and in striking the mould I found this chicken concealed under the turf in this bit of sacking—I took the prisoner and told him it was on suspicion of stealing a fowl; he said "All right, I suppose I must go with you."
Cross-examined. Perry was taken before the Magistrate and discharged.
Witness for the Deferue. JOHN PERRY. I am a labourer, of Woodford Cottage, Wanstead—I was employed with the prisoner on 21st November in this gravel pit, from 4 a.m. to 5.30 p.m.—the prisoner was at work with us all day; I did not see him bring a fowl in his hand; if he had I must have seen it; I was digging the turf off the top, where I could see himwell—I never took a fowl of Mrs. Clarke's, and never knew him do so—I got my meals in the pit—I never left it all day, and never saw a fowl the whole time.
Cross-examined. I have worked in this pit from a month to six weeks—I sometimes saw the fowls and sometimes not, they never ran into the pit—I saw them in the fields—I heard some of them were missing, from the policeman Woodley—I did not see Alp that morning—he did not come up and talk to me on the morning of 21st November—I began work at 6 o'clock that morning, breakfasted at 8 o'clock, went to work again, and never left the pit the whole day—I did not see a bit of hop sacking there, but I had my work to attend to—nobody was watching, that I was aware of—I did not hear a clacking among the poultry about 10. 30—I was taken in custody on the Saturday and charged, but it was not true—this subpoena caused me to give my evidence to-day—no one has taken my evidence down—I gave evidence before the Magistrates at Ilford—I never saw a fowl or a duck in the prisoner's possession—I am sure he did not put any turf over any particular spot when he left the pit that evening—Alp came into the pit between 12 and 1 o'clock—he was not there at 10 o'clock. He-examined. When I am working in the pit I think of nothing but my work—the prisoner is married—I don't know whether he has children. The prisoner received an excellent character.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. GLYN conducted the Prosecution. ALBERT HODGES. I am barman at the Fishing Smack public-house, Deptford—on 12th November I served the prisoner with a pint of beer—he gave me a half-crown, and I gave him 2s. 4d. change—he drank part of the beer, and a woman came in, and he asked her if she would have anything to drink—I served her with 3d. worth of gin—he finished his beer and left with her—I afterwards found the half-crown was bad, put it on the shelf, and gave it to a policeman that night—on the same night, between 9 and 10 o'clock, I served the prisoner with a pint of beer—he put down a florin, and I said "Do you know this is a bad 2s. piece?"—he said "No, if it is give it me back"—I said "Are you aware that you passed a bad half-crown this morning as well?*—he said "It was not a bad one I passed"—I gave him in custody—this is the half-crown and florin.
GUILTY —He was further charged with a previous conviction of a like offence in August, 1869, when he was sentenced to Two Years' Imprisonment. To this he PLEADED GUILTY**— Five Years' Penal Servitude.
Before Mr. Recorder.
Before Mr. Justice Denman.
MR. COOKE conducted the Prosecution; and MR. RIRTOW the Defence.
GUILTY .— Fifteen Years' Penal Servitude.
Before Mr. Recorder.
MR. STRAIGHT and MR. SAFFORD conducted tlie Prosecution; and MR. COOPER and MR. WARNER SLEIGH the Defence. JAMES TAYLOR. I live at 369, Brixton Road—I am a builder, and do gas-fitting—I did some work for the defendant at his residence in Norwood Lane, in August, to the amount of 6l.—I sent him an account of it—on the morning of 11th October a boy came with this cheque on the Birkbeck Bank for 10l. 10s. drawn in my favour, and signed James Barnett—he deducted 5 per cent. discount on the account, and I allowed it, and handed the boy 4l. 15s. 2d., believing it to be a genuine check for 10l. 10s.—I got the cheque cashed by Mr. Quin, a neighbour—about the 26th or 27th October, I received it back from Mr. Quin, in consequence of which I wrote to the
prisoner this letter—(This called his attention to tlie dishonour of the cheque, and begged him to attend to it, or it would cause him trouble)—I received this answer the same day, 30th October—(This was an apology for the non-payment)—On 31st I received this letter, enclosing an open cheque for 10l. 10s.—(This explained the reason that the former cheque was not paid was that his boy had lost, or the bank had detained, a sum of 25l., and he had ordered cheques not to be paid till the mistake was rectified)—I paid that cheque in to my bankers, the London Joint Stock Bank—it was returned to me marked "Orders not to pay"—upon that I again wrote to the prisoner, but I had previously received a note from him, requesting me not to present the cheque till Wednesday—after the cheque came back I went to the Birkbeck Bank, and made inquiries, in consequence of which I went before the Magistrate, and obtained a warrant, on which the prisoner was arrested—the officer brought him to my house in custody—he said "Mr. Taylor, what have you been about, it is rather a harsh proceeding, I think, to take me in charge, a neighbour"—I said "Well, you should not try to defraud me," or, "You should not give cheques when you knew there was no money; it is your own doing, not mine"—he offered me the lease of his house as security—I would not have it—he asked why had I not been to see him—I said "I have been to your office numbers of times, and sent my clerk and boy, and never could find you"—he said he would get the money—he never said anything about 25l. that I am aware of.
Cross-examined. I never knew the prisoner at all—I knew of his being an auctioneer near for about 6 weeks—I don't know a Mr. Cahill—I have heard of him—the prisoner was with him some time—I believe he carried on business at No. 3, Railway Approach, Brixton—I had not pressed the prisoner for payment of my account, I sent it in—I did not return the first cheque to him when I received the second—he never asked for it—it is here.
WILLIAM NEWBUTT (Policeman L 24). I apprehended the prisoner on a warrant—I read it over to him—he said "I think this is rather hasty on the part of Mr. Taylor; this matter would have been settled in a day or two"—on the way to the station I called at Mr. Taylor's house with him, and he offered Mr. Taylor a lease of his house, and I believe he had the money ready to pay Mr. Taylor the amount—he asked me when I apprehended him, if he could settle it—I said No, I could not interfere in the matter at all, he might see Mr. Taylor—I did not see the money—I believe he had it, because he sent his wife out—he was not searched at the station—he was not charged with felony.
Cross-examined. The prisoner offered the 4l. odd, and Mr. Taylor said he could not interfere in the matter—I did not see the cash in his hands—he asked if the matter could be settled as he had the money forthcoming, or words to that effect, and Mr. Taylor said he could not do anything in the matter.
FREDERICK MORLEY HILL . I am accountant to the Birkbeck Bank, Southampton Buildings; Mr. Ravenscroft is the manager—the bank presents facilities to persons who have small accounts—the prisoner has had an account there for some time—I have here a copy of his account made by myself from the bank books—it is accurate in every particular—on 7th October there was 2s. 9c?. to his credit—this letter of 7th October was received by the bank, it is in the prisoner's writing—(Read: "Please pay no more cheques until the one for 45l. in favour of Cahill is paid")—on
10th October, 9l. was paid in to his credit—the account was closed on 13th November—between 10th October and 13th November no other sum was paid in to his credit—on 13th November I received this letter in bin writing—(Read: "Dear Sir. You will please pay a cheque for 9l. 2s. 9d., which will be presented with this letter. Yours truly, J. Barnett "To Mr. Ravenscroft)—that sum was paid, and that closed the account—between 7th October and 13th November, I believe I was at the bank every day during business hours—Mr. Ravenscroft was also there—he sits in a sort of glass case, partitioned off, in view of the persons coming in and out—I never received any letter withdrawing the stop order—between 7th and 11th October several cheques drawn by the prisoner were presented for payment, amounting to over 53l.—that does not include the 10l. 10s. cheque, that was presented on 20th October and dishonoured—between 7th October and the closing of the account, thirty-nine cheques, representing 237l., were presented and refused payment.
Cross-examined. I have been accountant to this bank thirteen years—it is a bank where a person may begin banking with a 5l. note, or less—the prisoner began in July, 1873, with 28l., and up to October 10th, he paid in 276l. 10s. 1d., in small sums—on 6th October we paid 10l. to a Mr. Benthall; the pass-book clerk has written it on the 10th, but it was paid on the 6th—the pass-book is the guide to the customer—the pass-book was not made up until after October 10th—at that time his balance was 9l. 2s. 9d.—we have since heard of a dispute as to 5l. or 5l. 10s., which he said a lad of his had paid in—I had not heard of it before—there was a dispute about 25l., which he said had been paid in, and we had not given him credit for, but there is no truth in it—I believe a small boy was in the habit of paying in sums to his credit—letters that come, go to the manager—I do not remember bearing of or seeing this letter (produced)—I know nothing about it—in the ordinary course of business, cheques are sometimes dishonoured and marked "N. S."—sometimes those cheques re-appear, and sometimes not—we do not suppose they are paid when they do not re-appear—on 11th October a cheque for 33l. 18s., payable to bearer was presented—that did not reappear; it was only presented once—I see four cheques were presented twice—they would amount to 24l. 7s.—the cheque for 9l. 2s. 9d. was evidently paid after the passbook was made up, because it does not appear in the book—in the ordinary course of business the pass-book would be returned to the prisoner several days after 10th October, because I see the item of 9l. cash entered by the pass-book clerk, and the date of that is 10th October—the book was made up to 6th October, but it is impossible for me to say when the prisoner had it away—he had it made up very regularly.
Re-examined. I do not see that he has been overdrawn at any time—at the time Benthal Vs cheque was paid there was mouey to meet it; it wag that cheque which left the balance of 2s. 9d.—the last payment in before the 9l. was on 30th September; that was a sum of 39l.—there was a cheque for 42l. 15s. presented on 3rd October, and another for 45l. on the 4th, both of which were dishonoured—Benthall's cheque was presented and paid on 6th October, before we received the stop order, or it could have been returned—this is the pass-book that was supplied to the prisoner—he also had a cheque-book.
FRANCIS RAVENSCROFT . I am the manager of the Birkbeck Bank—I have known the prisoner as having an account there since July last—I received the stop order on 7th October; in that a cheque to a person named Cahill
is referred to—that had been presented previous to the receipt of that letter, and returned; the amount was over 45l.—I was at the bank every day from 7th October to 13th November—I never received any letter from the prisoner taking off that stop order—during October and the first two or three days of November my attention was directed to the prisoner's account—I saw him on 3rd or 4th November in my private room, and spoke to him about the state of his account—I reprimanded him for drawing so many cheques without sufficient money to meet them, more especially for giving orders not to pay any cheques—he said he would endeavour to keep a better account for the future, that he would not draw any more cheques unless he had sufficient to meet them—I am sure I mentioned to him about having given the stop order, and I am quite sure he said nothing about having withdrawn the stop—he did not mention a cheque for 10l. 10s. drawn in favour of James Taylor which he required to be met—he said nothing at that interview about a sum of 25l.—he made no complaint about that 25l. not being placed to his credit, until his account was closed; nor any mention about his boy having lost any money—on 13th November I was served with a copy writ—I never received this letter, if I had it would have been entered.
(This was in the prisoner's letter-book, and was dated October 10th:—"Herewith I return the pass-book, the only mistake I can trace is a matter of 5l. 10s., which the bearer ivill explain; the total amount deficient is 15l. Will you allow me the usual commission for letting or selling your houses. Please pay all cheques presented.")
Cross-examined. I did not receive that letter—I can't say whether or not I received the pass-book to be made up, very likely I may have received it on several occasions—I am quite certain that I did not take that letter out of the book, nor was any such letter handed to me—up to October 4th, he seems to have had a balance of 10l. 2s. 9d.—after that he had a fresh chequebook, it was refused in the first instance, on account of the state of his account—I can't say exactly on what day he had it; very likely it was after 23rd October, I can't speak to the date; I believe it was in October; it may possibly have been between the 20th and 23rd—I don't know that I had seen him previously to his receiving that cheque-book, I may have done so—I don'-t recollect his asking me for the custom of the bank in respect of lands and houses; anybody in the office would tell him what was the practice—he had certainly not taken the stop off his account, yet I gave him a fresh cheque-book of 50 cheques—I may have known where he lived by looking at the book, but I really did not—he deposited a lease of his house with us for safe custody, we never looked into it—I do not know how many years it had to run—nothing was lent on it—he asked for a loan at the beginning of November—I believe it was a short term of lease, and at the full rack rental of the premises—I know I told him we could not lend him five penny pieces upon it—I do not recollect receiving this letter (produced)—I never heard of any dispute about sums which had been paid in not being put to his credit, until the account was closed—I should not like to say whether the endorsement on this letter is the writing of one of our clerks, I cannot recognise it—the prisoner's attorney wrote to me, wanting to look at a list of the cheques I have spoken of; I referred him to our solicitor, and our solicitor sent me a letter, advising me not to do so.
Re-examined. This is the letter, it was simply on the ground that an action had been commenced, and therefore there must be the usual formal order for the inspection of documents.
EDMUND LEASH . I am a clerk in the Birkbeok Bank—from 7th October till 13th November, I was doing duty there every day—on I 10th October, I did not receive any letter, to my knowledge, from a boy named Daniels—I have seen the boy at the Police Court—he was brought to the Bank to look at the gentlemen who were employed there—I saw him point to me.
Cross-examined. I have seen the boy bring money to the bank once or twice—I did not receive any letter from him, to my knowledge—if a letter was given to me, directed to Mr. Ravenscroft, I should take it into him.
Re-examined. There is a box for pass-books—the pass-book clerk opens that.
Cross-examined. I have seen Daniels at the Bank two or three times—he was in the habit of bringing money to the prisoner's credit.
SAMUEL WESTON . I am a clerk at the Birkbeck Bank—I was there on 10th October—I know Daniels—I have no recollection of receiving any parcel or letter from him to take to Mr. Ravenscroft, on 10th October—If he had done so, I should have taken it.
Cross-examined. I don't recollect whether I had a letter or not—Mr. Ravenscroft has a great many letters in the course of the day.
WILLIAM JOHN EELS . I am clerk at the Birkbeok Bank—I was there from the 7th October till 13th November, and was on duty on the 10th October—I don't recollect Daniels bringing any letter or parcel for Mr. Ravenscroft—if he had I should have taken it to him.
Cross-examined. The boy pioked me out after I left the police-station as being the man he gave the book and letter to—I don't recognise the writing of this indorsement at all.
He-examined. I was present when he picked out Leash at the bank—he did not pick me out there—it was after Leash had been called that he picked me out.
Witnesses for the Defence. FREDERICK WILLOUGHBY DANIELS. I am in the prisoner's employ—he is an auctioner and estate agent—he was with Mr. Cahill at 8, Atlantic Terrace, Brixton, and then he went by himself to 3, Railway Approach, Brixton, where he carried on business—I took sums of money to the Birkbeck Bank for him—I remember in October this year carrying some money to the bank—I don't recollect the date—I recollect taking 5l. 10s., in gold—it was near the 16th September—there were two gentlemen, one put the folio on the paper and the other took the money—I am quite sure of paying that amount—I was in the habit of paying money in at different times—I recollect taking a parcel to the bank—I don't remember the date I gave it to one of the gentlemen at the counter—I picked him out after I left the Police Court—he opened the parcel, and took the letter in to Mr. Ravenscroft, in the glass case—I copied the letter that I took to the bank in the press—this is the copy—I wetted the paper and put it in the press, and gave it back afterwards to Mr. Barnett—I remember taking some money from Mr. Barnett to Mr. Cahill—I don't remember when that was—I received a receipt from Mr. Cahill's clerk—this is it (Read: "11th October, 1873, 116, Chancery Lane, Received of Mr. Barnett, the sum of 32l. 13s. on account of sale of Warrington's effects. O. Cahill, per E. J. S.")—that is the gentleman I gave the parcel to (Mr. Eels)."
Cross-examined. I can't fix the date when I took the 5l. 10s. nearer than 16th September—I said before the Magistrate it was two or three days before the 16th—I said it was about a week after that that I took the pass-book and letter to the bank—the letter was not separate from the parcel—the parcel was done up in paper, and with red tape, and was about the size of a pass book—the letter was done up inside the parcel—I might have said before the Magistrate "I can't be sure whether the letter was inside, and all I am sure of is delivering the pass-book in paper at the bank"—I am not certain that it was inside now—it was three weeks ago that I was examined before the Magistrate—it comes more to my memory now; it was inside—I am not in the defendant's employ now—I left when he was taken into custody—I have not been working for him since—when I took money to the bank, Mr. Barnett generally put it inside the passbook—I handed the pass-book to the clerk, and got the credit paper stamped—sometimes I had it entered in the pass-book, and sometimes I did not take it with me—the letter was taken out of the parcel by Mr. Eels, and I saw him take it to the bank manager.
Re-examined. Looking at the letter and the book has refreshed my memory—I delivered the letter the same day it was written—here is the date written here, "October 10th."
HENRY COWLAND . I am clerk to Mr. Hamrott, the attorney for the defendant—I took a cheque to the bank on 13th November for 9l. 2s. 9d.—I presented two before 13th November—the first was about 6th November for 5l. 9s.—that was refused and marked "Orders not to be paid"—I went on 10th November with a guinea cheque, that was marked "Orders not to pay"—I took the pass-book to be made up on 12th November, and on the 13th I went for it—I afterwards took a cheque for 9l. 2s. 9d. to the bank with a letter, and that was paid.
Cross-examined. Mr. Hamrott was acting as solicitor for Mr. Barnett at that time—the cheque for 5l. 9s. had been presented before—it was a cheque drawn by Barnett in my favour—it was in payment for a cheque that Mr. Barnett had cashed, and he gave me a cheque for the balance of it—it was something about 10l., I think—it was a country cheque; I asked him to cash it, and he gave me 5l. 9s. on the bank and the rest in cash—he gave me the cheque about three days before it was presented—I saw him frequently towards the end of October and the commencement of November,—I daresay every day—the cheque for 5l. 9s. was only presented once by me and once by Messrs. Hoare—I don't know how it came to go through them—it was five days in my possession—I told Mr. Barnett the same day that I wont to the bank, they had marked it "Orders not to pay," and it was taken up the day after—the guinea cheque was to try the bank—when I told Mr. Barnett that the cheque had been marked "Orders not to pay," he said he had never given an order to stop that cheque, but he did tell me that the mistake with the bank was over the 25l.—the one guinea cheque was drawn on 6th November, to see whether the bank would pay the amount, and they did not—I afterwards drew the 9l. 2s. 9d., and I took a letter up with the cheque.
The prisoner received a good character.
NOT GUILTY .
89. JOHN DRIVER (29) , PLEADED GUILTY to three indictments for stealing a watch, the proporty of Ann Seyffort, in her dwelling-house; a clock, a fish slice, eight forks, and fourteen spoons, the property of Hannah Cassell; and a timepiece, the property of James Durtnall.— Fifteen Months' Imprisonment. And
90. WALTER HANCOCK (16) , to unlawfully, maliciously, and feloniously setting fire to a stack of bay in a stable belonging to William Letchford, under such circumstances that, had the stable been set fire to, he would have been guilty of felony.— Six Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. FRITH conducted the Prosecution. SARAH ADAMS. I am the wife of Thomas Adams—on Monday night, 17th November, he came home about 12.30—he made a complaint, and mentioned some names.
THOMAS ADAMS . I am a shoemaker, and live at 35, Francis Street, Westminster—on the night of 17th November, about 11 o'clock, I was in the Bath Arms, at the corner of Bath Street, London Road—I was sober, but I had had a drop of beer—I went out with George Bowley—when I had gone about 100 yards I heard somebody coming up behind me—the prisoner held up my arms while another man took my money out of my pocket, 7d. all I had got there, and a knife—about twenty minutes afterwards I saw the prisoner at the Dog and Star, with the other man—I asked him to give me back the halfpence that he had taken out of my pocket, the other man handed him something, and the prisoner said "I will give you some halfpence," and I received a blow on my cheek from something ten or eleven inches long, that he had up his sleeve—I don't remember any more afterwards, only he gave me a kick in the ribs—he came to me again after that in Mansfield Street, and said "Now are you going home after that," and he turned me round all of a sudden over his legs—I then went home—I did not know till next morning that my jaw was broken—I have been in the infirmary in consequence of the injuries.
Cross-examined by the Prisoner. I came into the Corner Pin beer-house that night—you and Hayes were there—I was not three-parts drunk—the landlord would not serve me, he never will, but he will serve a man for me so long as he does not take the money from me—I did not ask you to get a pot for me—I did not give Hayes 9d., and go with him and you to the King's Head—I did not take out my knife there—I was not in trouble before for using a knife—I did not get six weeks for it—I did not knock you down outside the Dog and Star—we did not have three rounds there—I have been convicted four or five times for drunkenness—we will say six or a dozen if you like—I did not say I would have your b----life—the landlord of the Bath Arms will not serve me on account of my getting into trouble and misconducting myself.
WALTER MUKDAT . I am a surgeon, in Kennington Road—I was called in to see the prosecutor on Wednesday, 19th November—his face was very much discoloured and swollen, and he had fracture of the lower jaw; that might have been caused by a blow given with great power, by a life-pre-server or a short stick.
Cross-examined by the Prisoner. Throwing him over the kerb might do it—I would not say it was impossible, but it must have been done with considerable power.
would never serve him; he has created a disturbance there several times, and I had forbidden him the house—he asked the prisoner and another man to have something to drink, and they went out together.
RORBRT CRANSTON (Policeman). I took the prisoner into custody on the 23rd—I told him the charge—he said "I suppose I may as well go quietly"—I said "Yes, you will have to go whether you go quietly or not"—he said "Well, God strike me dead, I wish I had killed him on the spot!"
Prisoner's Defence. I am completely innocent of any robbery. We had a fair stand-up fight, and I threw him on the kerb.
NOT GUILTY .
The same evidence was given as in the last case.
GUILTY** under great provocation. — Nine Months' Imprisonment.
MR. BESLEY, for the Prosecution, proceeded on the Second Count only; MR. WARNER SLEIGH conducted the Defence.
GEORGE HATCH . I deal in horses, at 122, Westminster Bridge Road—I have stabling there—on the 14th July I used the articles in question—they were safe up to 10 o'clock at night—there was a roan horse, a saddle, four brushes, two sets of clothing, two pairs of reins, and other things—I was told something, and fetched the horse and bridle back at 5 in the afternoon—a man named Baker had been previously employed by me—I have not seen him since—this apron cost about 2l.; it is now worth 30s.—this saddle cost six guineas; it was worth 5l. when it was stolen; it is not worth 2l. now—the reins were worth 2l., the sponges 15s., the bridles 30s., the four brushes 1s. each, the rugs about 4l., and the two other sets of horse clothing 4l.—I never knew such things to be sold in public-houses.
Cross-examined. The property recovered and produced comes to about 20l.—I never heard of left-off harness livery being given to grooms by their masters—I am sure this is my saddle—things fetch much less than cost price when sold at the hammer.
MICHAEL SKIPPINGTON . I am a groom in Mr. Steward's service—I know Thomas Baker by sight—I saw him on 15th July, at 5.30 a. m., just over Blackfriars Bridge, going towards King's Cross, with a roan horse, a saddle, a bridle, and two bundles, which appeared like horse cloths—I had a conversation with him.
Cross-examined. The person I saw was dressed in dark clothes, respectably, and looked like a groom.
Cross-examined. I don't remember the saddle at the time it was lost—it was not under my care—I never heard it was nearly new in July.
COURT. Q. Supposing it had been nearly new in July, would it have got into this state by ordinary wearl A. Certainly not.
WILLIAM CHAMBERLAIN (Detective Officer E). I heard of Mr. Hatch's loss in July, and on 17th September, I went with Copping to the prisoner's lodging, 18, Euston Street—he was not there—two of them had the second floor back and front—I found this gig apron there, which I took to the
Euaton station, and showed it to the prisoner, who was a job porter there—I said "I have been round to your lodging, and this was found in your room, and I am told it belongs to you"—he said "Yes; it does, I bought it and two or three horse cloths, and saddles and bridles, at the Jubilee public-house, seven or eight weeks ago, I gave 2l. for them in front of the bar, early in the morning"—I said "We must detain it, as we believe it is stolen"—he said that he had sold the other things to a man at a shop near Oxford Street—I kept the apron—I saw the prisoner again on November 15th, at the Euston Station, and said that I had made inquiries, and the apron had been stolen from Mr. Hatch's, in Westminster Bridge Road, on 15th July, and a horse cloth also, and I should take him for being concerned, with another man not in custody, in breaking and entering the premises, and stealing the articles—I said "I believe that morning when you bought them, you left them in the cloak-room at Euston"—he said "I did not"—I said "I have every reason to believe you did, for the porter on duty told me so"—he said he had not; I said "You must come with me, and we will see the porter"—we went to Somer's Town, and saw Charles Amos, who was on duty at the cloak room, on 15th July—I said "You told me that Butcher left some horse cloths and reins in the cloak-room, on 15th July"—he said "Yes;"—I said to Butoher "You hear that?"—he said "Yes; I did leave them there"—I told him I should take him to Southwark, and asked if he would take me to the shop in Oxford Street; he said that he would not—before going ia before the Magistrate, he said that if Mr. Hatch would not charge him, he would say where the things were—I said "You told me Oxford Street"—he said "I sent some to my father, and some I sent to a man named Oldham, in Devonshire Road; I sold him the saddle also"—he said that he had sent the rugs to his father at some place in Essex.
Cross-examined. I went to the place where he lived to find some property stolen from the railway, that had nothing to do with this charge—the man living in the same house was not suspected of having had anything to do with this robbery—I took away the gig apron and a good many more things: coats, waistcoats, scarves, two shirts, a carpet bag, a black bag, and I think an umbrella, also a silver watch and chain—I had no claim upon any of those things, but we were in search of wearing apparel—I did not charge him with stealing any of those things; and they have all been offered back to him, with the exception of the watch and chain—he refused to take them unless the whole were given up to him—he did not get them all back till the day he was given in custody, but he might have had them—I believe there was a list written down in Superintendent Ecoles' room of what he might have back—those things were taken from him eight weeks before he was given in charge—he was constantly at work—he was kept on because we had not found any owner for the clothes—I did not charge him with stealing any of the articles till 15th November—I did not put a lot of questions to him—I asked him if he could account for the ring—I did not ask him where he got the scarves from—if I did not ask him where he got the whole of the articles, Eccles or the inspector did, and he told us where he got them all—he said that he borrowed some money of the policeman to pay for them, but he did not mention Amos—he did not tell me he took a receipt for them, or say so in my presence—he did not tell me that he borrowed a pen and ink of Amos, for that man to write a receipt—when I took him to the superintendent he turned out all the things in his pocket
and there was a pawn ticket and some papers—I said "I know you deposited some of the things at the cloak room with Amos"—he said "Yes, I did, but only for a short time."
Re-examined. On 17th September Eccles and Copping went with me to the room in search of coats, waistcoats, or trowsers—Copping and myself removed the things from the room to the superintendent's office—Eccles was there—the prisoner was called into the office, and questions were put to him by Eccles and Copping—he said he wanted the gig apron and the watch and chain, and if he could not have them he would not have the others—he never mentioned a receipt for the horse clothing in my presence, nor was there one when he turned out his pockets—Eccles acted then, and I acted on loth November.
ELIJAH COPPING . I am an inspector of the London and North Western Railway—the prisoner was in their service, and was employed as an extra hand to load fish—he was paid a shilling every morning, and he sometimes was employed all day, and was paid more—I went with Chamberlain to search his rooms—I was present at the superintendent's office when the things were there—the rug was kept in my office—on 17th September the prisoner said that he bought the rug with some saddles, bridles, and other articles, of a man in the Jubilee public-house for 2l.—he did not say that man's name; he said it was a few weeks before, early in the morning—he said he would not receive the rugs unless the other things were given up to him.
Cross-examined. He said he had had the watch and chain for ten years—they were not given up to him till after he was in custody—he might have had them, as far as the company was concerned, but he would not because he could not have the rug—if they were kept back it was on Chamberlain's responsibility.
CHARLES AMOS . I am a porter, employed by the London and North Western Railway Company at the cloak room—one day in July the prisoner came there with a saddle and some horse rugs, and sponges—I did not see any bridle—he brought them open, and left them there thirty or forty minutes, while he went and loaded some fish.
Cross-examined. Anybody could see what they were—on the 24th, I think it was the same morning, he borrowed some money of me—I asked what he wanted it for—he said "That does not matter to you; you shall have it again in an hour," and I had it, and he went away to the Jubilee for an hour, and then brought these things to the office, and left them behind the door—he told me he bought them in the Jubilee of a groom—there was a man there dressed in dark clothes, like a groom, of whom he said he bought them—he asked me for a pen and ink to write a receipt, and the receipt was written outside my window—I lent him 25s.—Chamberlain afterwards brought the prisoner to my house at Somers Town, and I explained that the things were not deposited, but only left.
Cross-examined. He loaded the fish and meat at 7. 50, and the borrowing was a little after 8 o'clock—I did not read what was written—I did not see money pass.
NOT GUILTY .
Frederick Leigh, the prisoner's brother, made a commuuication to me, and I went with him towards a house hi Cold Harbour Lane, and met the prisoner coming from the house—I advised him to go home and not go to his father's house to make a disturbance—he said he had been at work all the week and received no money—I told him again to go back and to allow his wife to go back, and no doubt his father would pay them both—I said that I should go and see that there was no further disturbance, and if there was he must put up with the consequences—soon after, Frederick was standing in the yard and the prisoner on the footpath—the prisoner rushed to Frederick, struok him on the chest, and knocked him down, his head came in contact with the kerb, and he became insensible—I took the prisoner to the station, and then went back and took the deceased to the station, where Dr. Jones ordered his removal to the hospital—the prisoner said "I did not strike violently; he has been drinking all the afternoon, and if he had not he would not have received so severe an injury"—Frederick died next day just before 1 o'clock—I then charged the prisoner with causing his brother's death—he said "I am very sorry, it was his own fault; if I had had ray money it would not have happened. I was excluded from the house, me and my wife, and my father, and my two brothers, my brother knocked my hat off, and I hit him, he had his arm up at the time, and I hit him, but the blow was not enough to knock him down had he been sober"—the deceased seemed quite sober when I first saw him, which was ten or fifteen minutes before.
Cross-examined. I saw the deceased's hat fall off just as the prisoner knocked him down—I saw the deceased try to step on the pavement—he tried to avoid the prisoner—he was about the centre of the road when the prisoner went up to him and went towards the kerb to get away from him—the deceased was 5 ft. 5 in. or 6 in. high—he was taller than the prisoner—his age was twenty-two—the father is a most respectable man—the deceased was stouter and more powerful than the prisoner—from the time the deceased came to me first to the time he was knocked down twenty minutes elapsed—I went with the deceased towards the house and met the prisoner—I stopped and talked to him, and he went with me to the cab rank—I went on 10 or 12 yards, and the prisoner was talking to his wife on the foot path—the deceased was 10 or 15 yards from me when the prisoner met him—the prisoner struck him and I am sure be hit him, but I am not sure whether it was on the chest or not—this occurred in an instant of time—I do not think the deceased had been drinking; if he had, it was very slightly.
RICHARD MANSEL JONES . I am a surgeon, of 425, Brixton Road—on this Saturday evening, at 7.30, the deceased was brought to my house insensible and suffering from compression of the brain—I examined him carefully, but could not find any evidence of fracture of the skull—there was a wound on the back of his head such as would be caused by falling against a kerb stone—I smelt his breath, and he certainly had been drinking, but I cannot tell you to what extent—I ordered his removal to the hospital.
ISAAC BOULGER . I was house-surgeon at St. Thomas's Hospital—I examined the deceased and found him suffering from concussion, and a lacerated wound of the scalp—he died next day from compression of the brain—it was such an injury as would result from his being knocked down and striking his head on the kerb.
Cross-examined. A fall on any hard substance would produce the same effect.
HENRY SHELLT . I am a painter—I was in Cold Harbour Lane, and heard the constable advising the prisoner to go home, aud not go down the yard—he said "If you do go down, you must put up with the consequences"—the prisoner went towards his father's, and after a time the deceased came up; the prisoner ran after him and struck him a blow, from which he fell on the kerb.
Cross-examined. From the time I saw him till the time he fell ocoupied two or three minutes only—the deceased's back was towards the prisoner and he turned round to see if his brother was ooming after him—the prisoner was behind him when he struck the blow; I am sure the prisoner struck him, but he may also have fallen over the stones—I cannot say.
The prisoner's father gave him an excellent character.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. BESLEY and SIMMS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
SOPHIA PUGH . I live at 146, Tooley Street—John Morgan Pugh was my husband—he was thirty-eight years old and a tailor by trade—he left home about 8 o'clock on Tuesday evening, 18th November, sober and perfectly well, and his health was good up to that time—he was brought home in a cab, a little after 12 o'clock, by two constables; we got medical aid as soon as we could, but it was about two hours after—Dr. White's assistant came, and he was taken to the hospital the next day at noon—I was with him there—he died on the Saturday night following the Tuesday—when I first saw him he said his inside was burst.
CHARLES ROGERS . I am manager of the Black Bull public-house, Free-school Street, Horselydown—I have known the deceased three or four years—on Tuesday, 18th November, he came in a little before 10 o'clock—he was sober—I served him with drink, and he stood talking in the private bar until past 11 o'clock—he was quiet, during that time I served him with three 2d. worth's of gin—the prisoner came in about 11. 15—he was sober—when he came in Pugh met him, and he said "Good Evening," and Pugh treated the prisoner with some drink, and after that an argument arose about where the generous feelings emanated from, whether the head or the heart—I heard the prisoner call the deceased "A b fool," and the answer was "and so are you a b fool"—I believe it was the prisoner's voice I heard first—my attention was called away just at that time—I told them there was no occasion for those high words, and I went and served another customer—I next heard a fall in the compartment where they were,
and went back to them—the deceased was lying on his back, and McGaw was lying on him, on his side—a man named Oxlade was then in the compartment—McGaw instantly got up and lifted the deceased up, and seated him in the corner, and said "I hope I have not hurt you, Pugh"—he made no reply; he made a groan as though he was hurt—the deceased asked me for a chair—I told him I could not now give him a chair, as it was 12 o'clock and I must close the house—I did not think he was hurt then, and I insisted upon their leaving the house—the deceased walked out in a stooping position—he made a kind of groaning noise—McGaw left first and the deceased soon after.
Cross-examined. I had known both of them previous to this—Pugh was a very excitable man—McGaw was sideways on the deceased—he said at once "I hope I have not hurt you, Pugh"—I told McGaw he must go, it was just 12 o'clock—he wanted to stay with Pugh—he said "Good night, Pugh, "when he went out—they were on friendly terms when they used to meet before, and had known each other for years.
Re-examined. The prisoner was the heaviest man of the two—the deceased was a tall thin man.
RICHARD OXLADE . I live at Horselydown—on Tuesday night, November 18th, I went into the Black Bull, about seven minutes to 12, into the compartment where McGaw and the deceased were—I remained there—about two minutes before 12 I heard them arguing in a very excited state, and I heard the deceased say that the heart was the main action of the body, and McGaw called him a b----fool—I had not heard any bad language used before that—Pugh said "You are a b----fool, too"—McGaw said "If you tell me that again I shall pull your nose;" and the deceased put his pipe down on the counter and turned sharp round to McGaw and told him it would not pay him to do that, and with that McGaw laid hold of Pugh with his left arm and they struggled together and fell on the floor—the deceased fell underneath, and McGaw on the top of him, they appeared to fall heavily, and both fell together—Mc Gaw got up, lifted the deceased up, and he went and stood with his elbow on the corner of the counter, and then the manager came from behind the bar and spoke to McGaw—he then opened the door, said "Good night," and passed into the street—there was no one else in the house but Pugh, myself, and the prisoner—no blow was struck on either side—the prisoner appeared to put his arm round the deceased's neck.
Cross-examined. They appeared to slip off their legs at the same time.
JOHN LACY MARLEY . I am house surgeon at Guy's Hospital—the deceased was brought there on Wednesday, 19th November, suffering from a Bevere injury to the abdomen—I attended him—he improved rather on Friday, and on Saturday he became suddenly worse, and I sent for a Magistrate—a police inspector came about 6 o'clock—at that time the deceased was perfectly sensible—at the request of the inspector I asked him whether he thought he should recover from his present illness, and he said he did not think he should live an hour—I said nothing to remove that impression—a statement was taken down in writing by me—I could hear very well indeed what he said, his voice was quite strong—he gave the statement in reply to questions by the inspector—I had finished writing, and the inspector was about to read it over when he died—I was afterwards present at the. post-mortem examination—he had sustained rupture of the bladder—that is a fatal injury—there is only one recovery known—direct violence produces
it—the fall of a person of the prisoner's bulk on a man would cause the injury, if there was water in the bladder—there is only one case on record of rupture without violence, and that was after four days' retention of urine—this (produced) is the statement.
MATTHEW Fox (Inspector M). On 22nd November, I went to the bedside of the deceased at Guy's Hospital—I told him I had come to receive his statement about his injuries—the doctor told him he could not recover—the deceased said he did not expect to live an hour—he made this statement, which the doctor took down in writing (Read: "I, John Pugh, do firmly believe that I am at the point of death and shall not recover, and do hereby state, that on last Tuesday, November 18th, about 11. 45 p. m., I was at the Black Bull public-house, Freeschool Street, Horselydown, drinking with McGaw, and a controversey arose between us, I stating that the Seat of life was in the heart, and he that it was in the brain. McGaw said that if I repeated such a statement again, he would throw me over. I repeated it, when he caught me round the neck, put his foot behind me, and threw me heavily on my back, falling on my stomach. I felt very much hurt at the time. McGaw assisted me in rising, and then left; I left the public-house to go home, but was not able to do so; I met two policemen, who took me home in a cab. We were previously friends, and bore no ill will to one another.")
JOHN MABSH (Detective Officw M). After the death of Pugh, I went after McGaw on Saturday afternoon—I did not meet with him—at 9 o'clock, I was at the Bermondsey police-station and he came in—I asked him if his name was McGaw, he said "Yes"—I told him I was a police constable—I asked him if he had heard of the death of the man—he said "Yes; that is the reason I have come to give myself up"—I told him a statement had been made, and I should have to take him to Southwark police-station—he said "I am very sorry for what occurred; we were at the Black Bull public-house; we were holding an argument respecting the body of a man, when a few words arose; we were conversing Where generosity arose, from the heart or the brain, when a few words arose, and I told him I should pull his nose; he put it towards me; I put my left arm across his chest, under his chin, my foot behind him, and, unfortunately, I fell on the top of him; I got up, I lifted him up, and said 'I hope I have not hurt you;' there was not the slightest ill-feeling between us. "The prisoner received an excellent character.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. A. B. KELLY conducted the Prosecution. WALTER THOMAS GATES. In October I was assistant to Mr. James Bennett, a draper, of Battersea Square—on 16th October the prisoner came and said that he wanted some goods, if I would change this cheque for 10l. for him, as he was too late for the bank, and if not he could not have the goods—I consulted with Mr. Bennett, junior, and resolved to give the prisoner the goods—he selected goods amounting to 2l. 10s.—the cheque is drawn by Thomas Lucas, on the National Bank—Mr. Bennett said that he would not let him have all the change that evening, and he was to come for 5l. next morning—he came next morning, and had about 3l. worth o
goods—I told him Mr. Bennett was out, and I could not let him have the money—he took the goods with him—he never got the balance—I next saw the cheque in the hands of Detective McQueen.
Prisoner. Q. Did not Mr. Bennett tell me to come at 11 o'clock for the money? A. Yes, and you came about 12 o'clock—it was not past 1 o'clock—you brought back Mr. Bennett's I O U for 5l., and I took it to see if I could find Mr. Bennett—but I think another man took it first.
WALTER JOHN REMUSON . I am assistant to Mr. Henry Brown, of 2, Collingwood Terrace, Battersea—on 15th or 10th October the prisoner came there with a cheque for 10l., purporting to be drawn by Thomas. Lucas—I asked him who the drawer was—he said there could be no doubt about that—it was the great firm of Lucas Brothers, contractors, of Pimlico—he asked for some goods, and I asked for some further security about the cheque—he subsequently brought me a letter, but I did not let him have any goods.
CHARLBS HIGQENSON . I am one of the cashiers of the National Bank, Broad Street—this cheque for 10l. was presented in October, but I. cannot give the date—it is drawn by Thomas Lucas—nobody of that name has ever had an account there—the form has been taken out of one of our cheque-books issued to Alexander Werner, of St. Mary Axe.
Prisoner. Q. Do you know that I came to the bank to inquire if there was any account there? A. I don't remember seeing you—I do not know that our people sent you to Charing Cross Bank and Grosvenor Street.
JOHN LAWLDON . I am an accountant, of 41, St Mary Axe—about two years ago I succeeded a Mr. Werner, and when I took possession of the office I found the cheque-book there—it was kept in an unlocked place, and the prisoner, who has been alone in the office many times, had access to it.
Prisoner. Q. Had other parties access to your offices? A. Yes. I am not aware that a person once got in at the window and took some things—I know a person named Jefferys, he has been left alone in the office, and so has Mr. Marshall, he had a key of the office and of the desk also—Mr. Bias has also been left there—I will swear that I never knew any one named Thomas Lucas come to my office, and I don't believe any one of that name ever came there—I have often left persons alone in my office, and they have had the same chance as you have—you have not worked twelve months for me for nothing; if you sold bricks for me you had a commission.
JOSIAH MORRIS . I am a railway inspector and have seen the prisoner write—I have writing of his in my possession—I have seen a cheque for 10l., signed Thomas Lucas, and dated 16th October; it was in the prisoner's writing, to the best of my belief.
Prisoner. Q. How many times have you seen me write? A. Only in ink, when you signed an agreement between yourself and the St Leonard's Railway, in 1872, and once in pencil—I compared the cheque I saw with your signature to the agreement which I held in my hand, and I believe the cheque to be your writing.
THOMAS WALDBON . I am a grocer, of Clifton Terrace—I have seen the prisoner write, and am acquainted with his writing—I saw in the possession of Thomas McQueen a cheque for 10l., which, to the best of my belief, was in the prisoner's writing.
Prisoner. Q. Were you a builder on the Lavender Estate before you were a grocer? A. Yes; a Thomas Lucas was building there, but not on his own account—I know his writing perfectly well—I have seen you write twice—you gave my brother-inlaw a receipt for 5l. for goods.
Re-examined. The Thomas Lucas I knew was certainly not one of the firm of Lucas Brothers, of Pimlico; he was partner to a man named Hobbs, who was building at Lavender Hill, and is a very illiterate man, he can scarcely write at all—this cheque is certainly not his writing.
JAMES MCQUEEN (Detective Officer). On 22nd October I received a cheque for 10l., signed "Thomas Lucas," and on 8th November I arrested the prisoner at West Croydon—I said "Steer, I shall take you for forging and uttering a cheque for 10l., on Mr. Bennett"—he said "All right, don't say anything about it here, I will go with you"—on the way to London he said "You will have to prove the forgery"—the cheque was the one I showed to Bennett and the other witnesses; I gave it to Inspector Striggles at Battersea station, and he put it with the chequebook—I have searched for it since, but cannot find it—when the Magistrate was about to remand the prisoner for another week he said "I will plead guilty, your worship, if you will please to settle it here."
Prisoner. Q. Do you know Thomas Lucas? A. Yes; I told the Magistrate that most likely he could be found—you said that it was Lucas Brothers, of Kingston—I find that they have left there four years, and that one of them is in America—you asked for some refreshment, as you had not tasted food for twelve hours, and I gave you some bread and cheese, and beer.
RICHARD STRIGGLES (Police Inspector V). I had charge of this cheque for 10l.—I placed it in an envelope, with a number of pieces of paper—it was produced in Court on several occasions, but on pulling out the other pieces I must have pulled it out and let it fall on the floor, and, it being very dirty, I have no doubt it has been thrown in the fire as waste paper.
Prisoner's Defence. I served Thomas Lucas, a builder, with five truck loads of bricks and tiles, which were sent to Bricklayers' Arms Station. I afterwards met Lucas, who said that he should have some cheques in a day or two. Two or three days afterwards I received three cheques filled up, but the body was not filled up, and I filled it up. He told me not to pay them away at once as there was not sufficient money there, but to forward him more bricks at once. The bricks were sent to him in railway trucks, to East Grinstead. I am as innocent of the signature as a child unborn, but the body of the cheque I filled up. When I found there was no account at the bank I went to Charing Cross; there was no account there, and then I went to Grosvenor Gardens, and the gentleman there said that he thought I was in a mess. I then went to East Grinstead, but could not find Lucas. Before I left I told a policeman next door to me that I was going. The policeman told me that he could find Thomas Lucas, and he went into the country for a few days, and because they could not find him they try to make out that it is Thomas Lucas of Pimlico, but there is no such firm; there is a firm of Lucas of Westminster. I am as innocent of the forgery as a child unborn, and as to uttering them I did not know any difference till I heard that a party had been to the bank and there was no money there, and never had been. My father went into a fit when I was taken before the Magistrate, and it has been his death.
GUILTY — Eighteen Months' Imprisonment.
There were two other indictments against the Prisoner.
ADJOURNED TO MONDAY, 12TH JANUARY, 1874.