CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 2ND, 1874.
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, March 2nd, 1874, and following days,
BEFORE THE RIGHT HON. ANDREW LUSK, M.P., LORD MAYOR of the City of London; Sir ROBERT WALTER CARDEN , Knt., and Sir BENJAMIN SAMUEL PHILLIPS , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; WILLIAM MCARTHUR , Esq., MP, JAMES FIGGINS , Esq., and JOHN PATERSON , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CHARLES WHETHAM, Esq., Alderman.
CENTRAL CRIMINAL COURT.
LUSK, MAYOR. FIFTH 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 had characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, March 2nd, 1874.
Before Mr. Recorder.
MR. POLAND conducted the Prosecution; and MR. BESLEY and MR. MONTAGU WILLIAMS the Defence.
VERNON LA MOTTE (interpreted). I carry on business as La Motte and Co., at Angers, in France, and am a grower and maker of sparkling wine—M. Lanuet has not acted as my agent in London—during 1872 I had sent some wines to M. Lanuet, and ho had sold some to the prisoner—I knew nothing else of Lanuet—I was in London, and saw the prisoner in April of last year—before that I received these three letters (produced), dated 10th March, and 3rd and 6th April—I saw him first about 15th April, at his place in Leicester Place; that was in consequence of that correspondence—there was a question about the correspondence, and he asked me why I had not forwarded the wines—an arrangement was concluded for 100 cases; half the price was to be paid in cash, and for the other half he was to leave in my possession some Spanish securities as guarantee—the delivery of the wines took place through the agency of a company at Nantes—the first half was paid in cash—the Spanish securities were left in the hands of my hotel-keeper, and they are there still—when I got back to France I had the wine forwarded—the wine was 15 fr. per dozen—my labels have my name on them, and the corks also—the wine was bent to this country by the ship Stannington.
Cross-examined. I sell nearly 200,000 bottles per year—I supply four qualities of champagne—I find it very good; it is just like all the sparkling wines—I have never supplied any to Moet and Chandon.
Re-examined. This wine was of the last quality.
ALFRED LIGHTELY . I have revised and checked the translation of these three letters—(These were the three letters dated 10th March and 3rd and 6th April, 1873, from the prisoner to La Motte, requesting the wine to be forwarded and alluding to the payment due upon some previous transaction through M. Lannet).
THOMAS JOHN RYAN . I am superintendent of the London and Continental Wharf—I remember the arrival of the Stannington in May last—among the cargo there was 100 cases of wine consigned to P. Bayard, bearing the marks "B R, S V"—"B R" was the invoice mark, "S V" was an English mark, put on after arrival—warrants were made out to the order of Bayard—there was a written request signed "P. Bayard"—I had to make out the warrants—they were made out in ten cases each—this is on one of our forms—(This referred to ninety-seven cases of wine, and requested nine warrants of ten cases each, and one of seven, endorsed "Received ten warrants, 20 31 to 40 W, for the within P. Bayard, 12th May, 1873")—I never saw the prisoner personally about this—warrants were made out, I produce them—from time to time the wine was delivered on those warrants, they are all signed "P. Bayard"—the first delivery was seven cases on 19th June, twenty cases on 17th July, ten on 7th August, ten on 18th September, ten on 27th September, ten on 17th October, and ten on 1st November—each delivery, from 7th August to 1st November was to Weeks' cart.
MATTHEW ROMAN . I am a carman, of 30, Trinity Square, Tower Hill—I knew a person named Le Blanc—on or about 16th July he brought me these two warrants for the delivery of twenty cases of wine from the Continental Wharf to the order of Bayard—he gave me certain directions about paying charges and delivering the wine; it was to be delivered in Oxford Street—I did not deliver it—the money was brought to me by my carman, after the delivery.
FREDERICK GEORGE WEEKS . I am the son of William Burnham Weeks, a carman, of Tower Hill—I work for my father, and go out with the cart—I took ten cases from my father's office to Mr. Le Blanc's, 89, Berwick Street, Soho, a provision shop—I delivered them there—I can't remember the date; I have not the book hero; it was in the evening part, after four o'clock in the afternoon.
WILLIAM BURNHAM WEEKS . I was employed by Le Blanc to draw and deliver ten cases of wine from the London and Continental Wharf, ex Stannington—he gave me this warrant on 17th October—I paid the duty, got the cases, and delivered them by my cart at 89, Berwick Street, by his order—the duty was 1l. 0s. 1l., and 5s. or 6s. for wharf charges—that was the ten cases that my son took—I cleared another lot of ten cases the last day of October or 1st November—this is the warrant; I was to deliver that to Madame Le Blanc, 89, Berwick Street—that was sent in the same way, by one of my carmen—I don't know who cleared the other lots—I do not know the writing on these other warrants—I carted those goods for a gentleman who cleared them himself; I was only the carman in that case; I gave directions for the carting of them—the dates of the deliveries are, 7th August, 18th September, and 27th September—I carted those for a Mr. Pavier—I don't myself know where they were delivered.
JOSEPH JOANNY . I am a bootmaker, of 10, Portland Street, Oxford Street—on 15th September Le Blanc took a kitchen of me—it was a very large one: I gave him the key of the door he was to pay 4s. 6d. a week—I saw
him there after that almost daily—sometimes he would stay five or six hours a day, sometimes half a day, and sometimes nearly all day—I saw the prisoner there once; he came on Monday, 20th October, with a truck, and he put four cages in it—he told me he had bought four cases of champagne of Mr. Le Blanc, and he wanted to do some business as Christmas was coming—I had seen Le Blanc there on the previous day, Sunday, and a young chap with him, named Samuel Read—I could not say how long they were there that Sunday, but I should say an hour—Le Blanc did not give up the place till 3rd December—on Tuesday, the 21st, I saw two machines for corking and uncorking bottles—they were in the kitchen when I first saw them—I had seen them there many times before the Monday when Mr. Bayard came—I first saw one of them when Le Blanc brought it there, two or three days after he took the place—he attempted to take them away on the Tuesday or Wednesday after the Sunday when he and Read were there, but my wife prevented it, because he owed some rent, and they were put in my parlour—the rent was afterwards paid—he did not give up the kitchen after that till I gave up the key to the police—I have seen Bayard many times; he belonged to the same benefit society that I did—Le Blanc did not belong to it—I saw Bayard three days after Le Blanc was in custody; he asked me to have a glass; that was opposite Le Blanc's place in Berwick Street; and he said it was a very unfortunate affair—I said I wished he had never taken my place, and he said he hoped he would get off—I was accustomed to see Bayard every Monday, almost—I saw him on the 13th November at a committee of our society, and again next day but one, merely to say "Good morning" as I passed him—I never saw him after that.
Cross-examined. Le Blanc was at my place from 15th September till he was taken, which, I believe, was on 8th November—I used to see him almost daily, but I never saw the prisoner there except on one occasion.
ELIZA JOANNY . I am the wife of last witness—I remember Le Blanc being the tenant of our kitchen—I have never seen what was going on in the kitchen; Le Blanc always had the key, and he locked the door and took the key away with him—I have seen bottles and hampers taken out, and I have seen the baskets come back—I can't say that I have seen anything brought in—I have never been in the kitchen since Le Blanc occupied it—he sometimes had the door a little open, but not so that I could see what he was doing—he has sometimes come to the door and closed it.
ROSINA PONE . I am the wife of Eugene Pone—I did live at 8, Green's Court, Little Pulteney Street—early in February I was living at No. 9—Le Blanc took the cellar there, after which he brought some goods there; all tilings belonging to wine; two machines, a lot of hampers, and champagne cases and bottles; two or three van loads—I have seen the prisoner several times, but only once at Le Blanc's; that was when Le Blanc was bringing in the things; and he said to Le Blanc that the cellar was not lightsome enough for his business—I did not hear any more—we afterwards removed to next door, No. 8, and Le Blanc also; he moved a week before me into the cellar of No. 8, which he continued to occupy till he was taken into custody—all the things were conveyed from No. 9 to No. 8—I have been him at 89, Berwick Street; I went there for the rent of the cellar—I afterwards heard of his being in custody, and the police came and searched the cellar—I did not know what Le Blanc was doing there; he merely took it to keep the things in, I believe—he had a cellar to work in, and he took things away to another cellar after he had been there—I did not know at
the time where he took them to—I partly understood that the prisoner said to Le Blanc that he knew of another cellar, hut I did not quite hear it.
Cross-examined. He was only a week at No. 9—he was at No. 8 till he was taken.
HENRY DAWSON (Defective Officer). I was entrusted with a warrant to take Le Blanc—I took him into custody on 8th November at 89, Berwick Street; it was a small foreign provision shop—I afterwards went to the cellar at 10, Portland Street, I got the key from Joanny—I found there some empty cases, a large quantity of labels of almost every wine, masks for persons rebottling, to prevent injury to the face; one bottling machine, about two bushels of new corks, and other corks with the strings attached that had been just unbottled, and in the grate the remains of corks and wire; the names of several firms were branded on the corks, Messrs. Spiers and Pond, and several French names; also about two bushels of new corks there were a great number of corks with La Motte's name upon them which had been used—there was also a large quantity of lables of different firms—on 22nd November I went to Green's Court, I saw Mrs. Pone there—I broke open the door of the back kitchen, and there found a bottling machine, bottling racks, labels, and in a basket in a cupboard under the stairs, I found this large stamp of Moot & Chandon for outside cases, and three dies or stamps, for the sides of corks, with their name on them, and the word "England;" also one of Louis Roederer, and four others, and these wine labels were in the same parcel: "Moet & Chandon's white dry sillery," and a quantity of Louis Roederer—in the same place there were two cases of wine with these labels and corks of Moet & Chandon, mixed with Roederer's—they were opened and tasted in the presence of Mr. Jones, Mr. Wontner, and Mr. Lightley—there were also three empty cases found there, marked "0. W. Kilner"—on 18th November I received a warrant to apprehend the prisoner, I sought to execute it, but could not.
SAMUEL READ . In October last I was in the service of Mr. Valeriani who keeps a provision warehouse in Cranbourne Street—some time in October I saw Le Blanc there, and assisted him in labelling some bottles of champagne there—in consequence of what he said to me I afterwards went to 89, Berwick Street—that was on a Sunday in October, somewhere about the 20th or 21st, I won't be positive of the date; I saw Le Blanc there; we borrowed a barrow from opposite, and loaded it with ten one-dozen cases of champagne out of his shop, and took them round to No. 10, Portland Street, they were carried into the cellar there—that was between 9 and 10 o'clock in the morning.
WILLIAM THOMAS WALTON . I keep the Old Queen's Head tavern, 412 Oxford Street—I know Bayard as a customer—some time in September he told me that he had some of Moet & Chandon's champagne that he had bought at a sale, and he could supply mo with some very cheap—I asked him the price—lie slid "42s."—I said I thought that was very cheap—he said it was all right, he would bring me a sample bottle to show me—I asked if the cork was branded with Moet & Chandon's name—he said "Yes, and 'England' on the side—he brought me a sample bottle, and he and three friends drank it at the counter—he produced the cork which was branded "Moet & Chandon" and "England" at the side, and the bottle was labelled "Moet & Chandon's white dry sillery;"They drink the champagne and pronounced it to be very good, and I said I would take three or four eases he brought me four, and I paid him for it and got this receipt
which he signed—(Read: "2nd October, 1873, P. Bayard, 6, Leicester Place, W.C., provision merchant, due from Mr. Walton, four dozen champagne, at 2 guineas a dozen, 8 guineas—received, P. Bayard"—I saw him several times afterwards, and on 3rd November I bought a second lot of him of three cases at the same price, and got a receipt in the same way—it was all labelled "Moet & Chandon's white dry sillery," and the corks were branded in the same way, the cases were also branded "Moet & Chandon"—some of the wine is here and one of the cases.
Cross-examined. I do not buy a great deal of wine—I did not drink any of the sample—I went more by the cork—Bayard and the three gentlemen drank it at the counter—I believed it to be Moet & Chandon's.
CARLO GRASSEI . I am a wine merchant at 5, Gerard Street, Soho—I have known Bayard about two years—he was a dealer in foreign fruits—he invited me and two other friends to have a bottle of champagne at Mr. Walton's—we drank it there—I noticed that it was Moet and Chandon's—he said he had a bargain, and he could sell me thirty or forty cases at 36s. a doz—I said it could not be genuine wine of Moet and Chandon's at that price, and we noticed that the printer's name was not on the labels, which Moet and Chandon's labels have—I remarked that to myself, I did not mention it—he said he had it a bargain, and he could sell it me at that price—I did not buy any.
HORATIO BANAN . I am a wine and spirit merchant, at 55, King Street, Soho—in October and November last I bought some wine of the prisoner—I had known him about eighteen months before that—he came to me on two or three occasions early in October—I objected at first to buy—I think it was about the 20th or 21st that I bought the first sis cases—he said that a friend of his who was in difficulties had 100 or 200 cases that he wished to realise, and he wished to dispose of it for his friend—he said it was Moet and Chandon's wine—he brought a sample bottle labelled "Moet & Chandon," and opened it—I just tasted it—I looked at the cork, it was branded "Moet & Chandon," and "England" on the side—I ordered four dozen, he brought me six, and I kept them—I paid him 2l. 3s. a doz., and he gave me this receipt—I had two other transactions with him after that—I got three dozen more for a friend at the same price, and paid him 6l. 9s., and another lot on 1st November, at the same price—these are the receipts—I sold eight dozen of it to Mr. Chutter, of the Lion Brewery, it was for a friend of his—I have got the rest, except one or two bottles, which went to Bow Street, and one to Marlborough Street—the prisoner told me he had sold twenty or forty cases to a publican in Oxford Street.
SAMUEL CARRINGTON . I keep the Royal Standard tavern, Piccadilly—on 29th October I bought of Mr. Banan, through Mr. Chutter, four cases of champagne, and on 31st four cases more, for which I paid 52s. 6d. a case—I gave a cheque for it the same day it came in, and got a receipt—I paid the money to Mr. Chutter—after hearing that Le Blanc was in custody I took a bottle of it to Simon and Lightley, to see whether it was genuine—I have seven cases still in my possession—I have only opened one case—they were all branded and labelled alike.
ALFRED LIGHTLEY (re-examined). I am a member of the firm of Simon and Lightley, 123, Fenchurch Street, City—we are the sole agents in this country for Moet & Chandon—I am acquainted with their wine—on 1st November Mr. Carrington brought a bottle of wine to my office; I examined and tested it—it was not Moet & Chandon's wine—it was not a 'genuine
label on the bottle, but an imitation, and the cork was also branded in imitation of their brand—the trade price of their white dry sillery is 57s. 6d., a dozen—I could say that the wine in that bottle was not champagne—it was Saumer—Mr. La Motte comes from Angers, in that district—I have been shown a quantity of other wine from Mr. Sanaa's and Mr. Walton's, and have examined the labels on those bottles; they are all forged labels, and imitations of the genuine ones, and the corks are also branded in imitation of those of Moet & Chandon's—I have tested a number of bottles from different cases, it is not wine of their manufacture—I have seen some of the cases, they are branded in imitation of those of Moet and Chandon—one of the cases from Mr. Walton's had "Moet & Chandon" on the head, and "B. R. ex Stannington" on the side, and that same mark was on Mr. La Motte's invoices—that case is here; the other cases had evidently been scraped and cleaned, in order to put on Moet and Chandon's brand—I have seen the dies and brands produced—they are such as would produce the marks described—the labels are forgeries, they have no printer's name on them, the genuine labels have—all the bottles sent from Moet & Chandon to this country are corked and labelled abroad; they are never dealt with in this country in any way.
Cross-examined. A man who has been a disgorger of champagne, brought up to it, can uncork and record without affecting the wine, but that is never done here.
VERNON LA MOTTE (re-examined). I have been shown some corks with my name upon them, they are the corks I use—the marks on this case were on the cases I sent to Bayard—I never had Moet & Chandon's name put on my cases—I have tasted wine from these two bottles, one from Walton's and one from Banan's—I could not say positively that it was my wine, but at all events it is Saumer wine—they are both the same—my labels were blue and gold, and black and red—I don't know which I put on these bottles.
HENRY DAWSON (re-examined). This marked bottle is from Mr. Banan's, and this other from Mr. Walton's—this case I brought from Mr. Walton's this morning; I have also here one of the cases from the cellar in Green's Court—it is marked "B R, 67, Kilner, 1358;" and the one from Mr. Walton's has on it the running number, "1357"—I also produce a third case from Banan's.
SAMUEL READ (re-examined). I assisted Le Blanc on the Sunday in the cellar at 10, Portland Street; I opened the cases, and he scraped off the old labels, which were black, with gold letters, and he took off the wires, took out the corks and re-corked them, and I helped to wire them—the corks that were put in had "Moet & Chandon" on them—I did not put any labels on; I picked one up, and it had on it, "Moet & Chandon's white dry sillery," like these—I did not come across any other labels—the name of Justinet was on the black and gold labels, or some such name—that was out of the ten cases that I opened—I had never assisted Le Blanc at this sort of work before he came to Valeriani's—I found him at work there in the evening I am not aware that there was any of Justinet's wine there—I scraped off all the labels from the bottles in the ten cases, all ready for the other labels to be put on—I did not notice what name was on the corks because I did not have the taking of the corks out; Le Blane took them out, and put them into a small basket—I could not swear these were the samo, because I did not see them.
Cross-examined. I was at work for Mr. Valeriani at this time—he was not present at the time; he was in the shop—very likely he knew what was going on—he told me nothing—what I did for Le Blanc was on the understanding that Mr. Valeriani should know nothing about it—he had nothing to do with the work in the cellar on the Sunday—the labels taken off the bottles had the name of Justinet, or something similar on them—they were very old, and the wine was very old; I should think it had been in bottle for years by the look of the labels, because the paste was all decayed, and the labels came off almost without a touch—I called Le Blanc's attention to two allege bottles which I found in opening the cases, and we drank one of them.
MR. LA MOTTE (re-examined). This case from Banan's is exactly like ours—there were some letters on it that have been scratched out—the word "quarts" is here, which was on ours, but the number is not ours—I send about 150,000 bottles to England, all in similar cases.
AUGUSTUS TARTAS . I am manager of the cellars of Messrs. Simon & Lightley—on 10th November I went with the constable to 10, Portland Street—I saw him examine the cellar there—I looked at the things that were found—I saw a number of corks branded "La Motte," which had been drawn from bottles, also a large quantity of corks which had not been used, but specially made for champagne bottles—a large number of corks and strings and wire had been burnt in the grate—I found none with Justinet's name—I found nearly all the instruments that would be used for recorking champagne.
EPAMINIDAS VALERIANI . I Carry on business at 24, Cranbourne Street—in October last Le Blanc came to my house to do some work—I had some wine called "Justine't," which I had imported myself—the work that was done by Le Blanc related to the Justinet—I had nothing to do with what was done at the cellar on the Sunday—Read was in my service at that time—I have seen Bayard; I have met him in the street, and at several places; I have seen him sometimes with Le Blanc; I have met him casually.
Cross-examined. I am an Italian and they are Frenchmen—I was a witness in the case of Le Blanc—it is true that I bought that Justinet a 25s. a dozen, including duty—Le Blanc did not alter the trade mark into Moot & Chandon in my presence, but it was done with my consent and knowledge—he changed the labels and corks of the Justinet, and put on labels and corks with Moet & Chandon's name of it, and I sold some as Moet & Chandon's wine to Mr. Giomelli—I was not present.
Re-examined. It was done at my premises—Read was in my service at the time.
COURT. Q. Was any of that wine of Justinet received at Portland Street? A. No, never; not a bottle.
NATHANIEL DRUSCOVITCH (Detective Inspector). I received a warrant for the apprehension of the prisoner on 22nd December last, and from information I obtained I went over to Brussels—I afterwards found him at Antwerp—I communicated with the Belgian police, and he was taken into custody on 31st December, and afterwards brought over to this country under an extradition warrant, and handed over to me at Dover—I conveyed him to London and communicated to him the contents of the warrant—he said "I have sold the wine and that is all I have done."
Cross-examined. I knew he was engaged on business at Antwerp, and that was what took me there.
Re-examined. He was engaged as manager to a conjuror, a man known as Alexander.
MR. WILLIAMS submitted that there was no case against the prisoner, the whole of the evidence pointing solely to Le Blanc. THE RECORDER was of opinion that there was sufficient evidence to go to the Jury. MR. WILLIAMS then called attention to the Extradition Act (33 and 34 Vict., c. 52, sec. 19), and contended that as the schedule to that Act did not contain the offence of altering a Trade Mark, and as the prisoner was not surrendered for that offence, the counts charging that offence must be withdrawn. MR. POLAND referred to the case of the "Queen v. Bidwell and others," (Bank forgery case) Sessions Papers, Vol. 78, p. 292, and submitted that the onus was on the prisoner to show that he was apprehended for a different offence to that charged in the indictment. The Recorder would reserve the point if it became necessary. MR. POLAND proposed to recall Druscovitch to show the facts of the prisoner's apprehension.
Q. How did you obtain the custody of the prisoner? A. He was handed over to me by the Belgian police by order of the Minister of Justice in Brussels—I knew the prisoner and pointed him out to the Belgian officer, and he was arrested on the warrant issued by the Procuror-General at Brussels—he was transferred to Brussels, and some fourteen or fifteen days afterwards I received a notification that he was going to be returned to Dover—I then met the Belgian officer, who showed me his authority for bringing the prisoner over—the prisoner consented to be given up, and did not go through the whole of the formalities—the usual course of things is to go before a Court of Justice in Brussels; he foresaw delay, and consented to be given up instead of going through that formality—I heard that from the prisoner himself.
THE RECORDER: "There doors not seem to have been any surrender, therefore the question does not arise."
NOT GUILTY .
MR. MEAD conducted the Prosecution.
JOSEPH BOZIER . I live at 2, Hoxton Square, and am an upholsterer—on 8th February I was coming home with my wife—we lodge in the lower part of the house, and there are workshops up stairs—my wife opened the street door with a latch-key—I was outside—the prisoner ran out and I ran after him, and never lost sight of him till I met a gentleman and he gave chase, and he went and took him out of a public-house—the detective went in and fetched him out—we took him back to the house—I went into my room and missed a little box—it was lying just inside the street door—it had been removed.
Cross-examined. He ran out of the house, and I ran after him—he went pretty fast, but I kept my eye on him—I should say he had run about two minutes before he got to the public-house—I should say the public-house is about 150 yards from my house—he turned one corner, and the public-house is at the corner, and I saw him go in—I did not lose sight of him—he was about 8 or 10 yards ahead.
pushed it, and it was pushed back again, and I pushed it back again harder and I saw the prisoner standing behind the door—I said "What in the world are you doing here?" and at that moment another man walked out of the shop—I turned my head to see where the footsteps were coming from, and then I went to the street door and halloaed—the prisoner ran out of the door and my husband followed him—in the confusion the other man got away—the prisoner was brought back by a gentleman—he is the same man who was behind the door—the panel had been broken out of the door—I had shut the door securely when we left about 10.25, and we came back about 10.40—there was a paraffin lamp hanging up in the shop, and the door was exactly opposite to the prisoner—the panel was out of the door, and there was plenty of light.
Cross-examined. The door was locked, but the panel was out—I had the key with me—the prisoner was behind the street door, and the man who got away was in the parlour.
RICHARD OLDRING . I was in Hoxton Square on 8th February—I saw the prisoner run out of No. 2, followed by a woman calling "Stop thief!"—I followed the prisoner along the Square, through King Street, and while entering the Prince of Wales public-house, I caught him and brought him out—as I was bringing him back, two others caught hold of him, and tried to get him away from me, but I succeeded in getting him into the house where I saw him run from—I only lost sight of him for a second.
GUILTY — Nine Months' Imprisonment.
NEW COURT—Monday, March 2nd, 1874.
Before Mr. Common Serjeant.
192. WILLIAM SAMUEL WARD (17) , to stealing, whilst employed in the Post Office, a post letter, the property of Her Majesty's Postmaster-General— Two Years' Imprisonment. [Pleaded guilty: See original trial image.]
193. THOMAS ALFRED NIXON (26) , to eight indictments for stealing large quantities of silver goods of Martin Hall & Co., Limited, and embezzling 6l. 17s. 3d. and other sums, of his masters— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
195. ROBERT BROWN (42) , to three indictments to stealing coats, waistcoats, and trowsers, and other articles, the property of Robert Baird and another, his masters, who recommended him to mercy— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
CHARLOTTE TADMAN . I am barmaid at the Lion and Lamb, Drummond Street, Euston Square-on 21st January, about 8.30 p.m., I served the prisoner with a half-quartern of gin, which came to 2 1/4 d., and she gave me
a bad florin—I passed it to the barman, who bent it with his teeth—I told the prisoner it was bad—she said that she knew where she had taken it, and I gave it back to her—she paid me with a good florin—she came again the next day, and said that they would not change it.
Prisoner. I said that you had made a mistake, and that it was good; had it been bad I should not have come to your house again. Witness. I am quite correct; it bent easily.
THOMAS MIGHELL PENNY . I am assistant to my father, a linendraper, of Walker's Court, Berwick Street, Soho—on 6th February, about 9.30 p.m., I served the prisoner with a pair of stockings, which came to 6 3/4 d.—she gave me a florin—I cut it with the scissors, and told her it was bad—she said "I took it in Holborn the day before yesterday"—I gave it back to her—she said that she bad no more money—King came in, and said "I am a detective; I have been watching you, and followed you from King's Cross"—she gave me some address, and I gave her in charge, with the florin.
JAMES KING (Detective Officer Y 116). I have heard Penny's evidence; it is correct—I saw the prisoner at King's Cross, and followed her to Seven Dials, where she was met by a man standing close to the Grapes public-house—they had about five minutes' conversation, and the man left—ho returned in a quarter of an hour, and appeared to pass something to the prisoner, who left him, and went in the direction of Walker's Court—I followed her, and just before she went into the Court she placed something behind the stone of the gateway—when she left, I wont to the spot, but could not see anything, as it was very foggy and dark—I followed her to Mr. Penny's shop, who gave me this florin (produced)—next morning I returned to the spot before daylight, and behind the stone I found this bad florin (produced), wrapped in paper inside a kid glove.
JOHN BUCKEY . King spoke to me, and I followed the prisoner with him to Seven Dials—she went to the Grapes public-house, looked in at the private door, and a man came out—I did not hear him speak to her, but they were together for some time—he afterwards left her, and she remained walking up and down the street—the man came back in about a quarter of an hour; they had some communication for about a minute, and then one went one way and one another—I followed the prisoner to Walker's Court, and saw her stoop down near a gateway.
Prisoner's Defence. It is not likely I should do this, as I suffered imprisonment nine years ago, and made a vow that I never would touch such things again—I stopped by the gateway because one of my garters came down, and if the police had looked there they would have found a piece of ribbon—how is it that the money was not found that night, if they were so positive of the spot where I stopped?—what the man gave; me was some money to get a glass of ale—I did not know the florin was bad, and the glove was never in my possession.
She was further charged with a previous conviction of a like offence at this Court, in Feb. 1865, >when she was sentenced to Eight Years' Penal Servitude; to this she
PLEADED GUILTY.**— Ten Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the proseedion.
LOUIS HAGER . I keep the Enterprize public-house, Somers Town—on 13th January I served the prisoner with a pint of cooper and some bread and cheese, which came to 5d.—she gave me a shilling, I gave her the change, and then she called for half a pint of gin, which came to 10d., and gave me a half-sovereign, saying "Make haste, I am in a hurry"—I gave her the change, and threw the half-sovereign into a glass by itself, as three or four people wanted to be served—as soon as she was across the road I looked at it and bent it—I sent the potman after her, who fetched her back, and I told her the half-sovereign was bad—she said that she did not know it, she had been to her lawyer and received a good deal of money, and a 5l. note—she said "Let me look at it," and she put it in her pocket and would not give it up—I said "Give me the 9s. back and the gin and I shall be satisfied"—she did so, and left with the half-sovereign—this is it (produced).
ROBERT SMITH . I am barman at the Cock, which is about five minutes' walk from the Enterprize—on 13th January I served the prisoner with a quartern of gin in a bottle, it came to 7d.—she gave me this bad half-sovereign (produced)—I gave it to the landlord.
THOMAS HOWLAND . I am landlord of the Cock—on 13th January Smith brought me this half-sovereign, I took it into the bar and told the prisoner it was bad—she said she did not know it—I gave her in charge, with the half-sovereign.
EDWIN BUTT (Policeman Y 428). I took the prisoner at the Cock on 13th January, and Mr. Howland gave me this half-sovereign—the prisoner was taken before a Magistrate and remanded, and then discharged.
SAMUEL EVANS . I keep a coffee-house in Charles Street, Middlesex Hospital—on 27th January, between 7 and 8 o'clock p.m., the prisoner came in and had a cup of tea and egg, and some bread and butter—she gave mo a florin; I tried it with my teeth, and bent it double—I gave it to her back, and she said that she did not know that it was bad—she paid me with a good sixpence, and took away the bad florin with her.
LOUIS MASON . I am a chemist's assistant, at 37, Berners Street—on 27th January, between 8.30 and 9 o'clock, I served the prisoner with 2d. worth of pills and 1d. of violet powder; she gave me a florin, I tried it, and found it was bad—she said that she did not know it, and that she had it from some public-house—I told her to take it back there, and gave it to her—she paid for the violet powder only—this is the florin (produced)—I noticed this dark mark on it.
CHARLES LEAR . I am manager of the Apothecaries' Company, 49, Berners Street—on 27th January, about 8.45 p.m., the prisoner came in for 3d. worth of violet powder and 1d. worth of carmine—she gave me a florin, I put it in the till, and gave her the change—there were other florins there, but I put it on the top of the other silver—the prisoner left, and was afterwards brought back by a constable—I took the florin from the top of the other money, and found it was bad—this is it (produced)—no money had been taken before she was brought back—there was no other bad money in the till.
HENRY MAY (Policeman E 161). On 27th January I saw the prisoner in the shop whore Marin serves, followed her, and took her outside the Apothecaries' Company's shop—I charged her with uttering counterfeit com—she said that it was the same 2s. piece—Lear gave me this florin
(produced)—she produced her purse, whish contained silver and copper, and sixpence in copper was found on her by the female searcher.
The prisoner put in a written defence, slating that she did not know that the coins were bad, and that she had been made a dupe of.
GUILTY —She was further charged with a previous conviction of felony at Clerkenwell, in November, 1871, to which she
Twelve Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
MARIA NORRIS . I am barmaid at the King's Head, Threadneedle Street—on 2nd February, about 6 o'clock p.m., I served the prisoner with a glass of stout, and he put down a half-sovereign, I thought it was light, and gave it to Mr. Thurston, who spoke to him.
CHARLES OMEGA THURSTON . I am manager at the King's Head—I saw the prisoner put a coin on the counter, and the last witness brought me a half-sovereign; it was very light and obviously bad—I asked a friend's opinion of it, who held the prisoner while I went for a constable—I gave him in charge; he said at the station "I have another half-sovereign," and threw one down on the desk, saying "Perhaps that might be bad as well."
JOSEPH FEATHER (City Policeman 891). I took the prisoner; he said that he did not know the coin was bad—I found on him a good half-sovereign and 2d.—he gave me an address—Mr. Thurston gave me the bad half-sovereign—the prisoner said he found a brooch by the side of the Mansion House, and sold it to a Jew who gave him the two half-sovereigns.
Prisoner's Defence. I found a brooch, and the only way I am in fault is through selling it, which I had no business to do. My mother has lived twenty-one years in her present place, and I always give her address, though I generally sleep where I am at work. I have never been in the hands of the police before. I have been a potman for nine years, and the policeman will state that I bear a good character. Mr. Whitehead, of the Rum Puncheon, White Cross Street, was my last employer.
JOSEPH FEATHER (re-examined). I know nothing against him—I have been to the Rum Puncheon, and the landlord gives him a very good character for honesty, but he was only there seven weeks and left for drunkeness—I went to three other places, and they all gave him a good character for honesty.
NOT GUILTY .
MESSRS. CRAUFURD and DALTON conducted the Prosecution; and MR. SIMMS the Defence.
CHARLES FITCH . I keep the Half Way House, Webber Street, Black-friars—on 10th December, Hudson and another man were in my bar, and my wife brought me a bad half-sovereign—I sent for a constable, and my barmaid, Elizabeth Smith, pointed to Hudson, and said "This is the young man who gave me the half-sovereign"—she is in an hospital suffering from rheumatic fever, and cannot be called as a witness—Hudson said that he received the half sovereign from his employer but afterwards he said that
a man wanted change and he gave it to him—I marked it and gave it to a constable; this (produced) is it—I had seen Hudson occasionally before—I did not say at the station after he was remanded that he was a good character and a hardworking chap.
Cross-examined. He said that he obtained the money at a public-house in Bow Street, but he did not know the name of it—he was remanded for a week for enquiries.
DANIEL ARCHER (Policeman LR 4). I was called to Mr. Fitch's, and received Hudson in Custody—he said that he knew where he got it, and he said at the station that he got it from a house in Bow Street which he did not know the name of, but that a man came in and asked for some change, to whom he gave ten shillings and received the half-sovereign—I found on him 2 1/2 d.—he was remanded for a week and then discharged.
EDMUND CHARLES BROWN . I am landlord of the Orchard Tavern, Shepherd's Bush—on 8th January, about 8 p.m., my wife sent for me into the bar, and I saw Williams there, and another short man—a half-crown was lying on the counter, I tried it and found it was bad, and returned it to them—they went out and I followed them and saw them join two other men—I followed them all to a tavern, and then spoke to a constable who followed them and stopped Williams—I tried to stop one of the others, but he was too quick for me—I made a charge against Williams at the station, but it was not taken, as we did not find anything on him—the other three got away—I afterwards made a communication to Louisa Cannell, the barmaid at the Swateley Arms.
Cross-examined. They had not got enough money to pay for what they had had, but they gave me what they had—they said that the half-crown was bad.
Re-examined. Two of them stood outside and two went in.
WILLIAM THOMAS SHARPE (Policeman T 604). Brown pointed out the prisoners to me, and I stopped Williams and told him it was for uttering a counterfeit half crown—he said that he knew nothing about it—he gave his name James Wyatt at the station—the charge was not pressed, and he was allowed to go—d. and a bottle of medicine was found on him.
LOUISA CANNELL . I am barmaid at the Swateley Arms, Shepherd's Bush, about a quarter of a mile from Mr. Brown's house—about 8.45 on the evening of 8th January Williams and another man came in for half a quartern of gin, which came to 2 1/2 d.—he gave me a half-crown which I put in the till, and gave him the change—there was no other half-crown there—they left, and Mr. Brown made a communication to me—I looked in the till and found that the half-crown was bad—Mr. Etheridge threw it on the fire—I did not stop to see it melt—on 27th January, a little after 6 o'clock, the two prisoners came in together—I knew Williams when he came in—he asked for a pint of half-and-half and 1d. worth of tobacoo, and gave me a bad florin—I showed it to Lovegrove the barman who detained Williams while a constable was called, and he was given in custody—I did not hear Hudson say anything—Williams afterwards paid with a good half-crown.
Cross-examined. Hudson did not come in on 8th January—I saw Brown rather more than half an hour after Williams had been to the place—Love grove had not been behind the bar—that is a very slack time of day—there were only sixpences and coppers in the till afterwards and two single shillings—the till had just been cleared when Williams came in—I noticed nothing suspicious till Brown called—I did not show him the coin which I
found there; he was outside the door when I opened the till—nobody else was behind the bar on 27th January, but Lovegrove was in the house, and I could have called him, but though I recognised Williams I did not call attention to the fact till another coin had been given me.
EDWARD LOVEGROVE . I am barman at the Swateley Arms—on 8th January the last witness showed me a half-crown—I tried it and found it was bad—I just put it to my mouth, but it did not require that as I saw that it was bad—I gave it back to her—it was bent, but I was not present when it was thrown into the fire—on 27th January she called me into the bar, and I saw both the prisoners—she showed me a bad florin, and pointed to Williams as the person who gave it to her—he made no remark—I gave the prisoners in charge with the florin—Williams said that he did not know it was bad, and Hudson said that he did not know Williams; he met him outside, and asked him to have something to drink.
GEORGE HARRISON (Policeman T 172). On 27th January I was fetched to the Swateley Arms, and Lovegrove gave the prisoners in custody with this florin—Hudson said "I did not know you were going to bring me in to treat me to a half-pint of beer and then get locked up for it"—Williams said that he took the coin of the market gardeners—I found on Williams 2s. 3d. in good money, and 10d. on Hudson.
GUILTY .— Nine Months' Imprisonment each.
MR. BUCK conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS LITTLEMORE . I am a bill sticker of 4, Crown Court, Goswell Road—on Saturday night, 17th January, I had been to the Adelphi Theatre about some work, and went with my wife from Charing Cross, underground, to Blackfriars—after 12 o'clock we stopped at a coffee-stall at the corner of Long Lane to have some coffee—I saw the prisoner there and six or seven others; they began breaking the cups, and I said to my wife that it was a shame that they should do so—the man who kept the stall said that they should pay for them—the prisoner asked me what it was to do with me—I said "Nothing, no more than if I had the stall they should pay for the things"—he said "I will pay you," and struck me a violent blow on my right eye with his fist which knocked me down—I got up and got to the side of the stall which was open in front; the back and sides were enclosed—the prisoner struck me again on the side of my head with his fist and knocked me down again, and while I was down he kicked me on my jaw—I felt the bone break, and begged him not to kick me again—I got to the further side of the road and was knocked down again, and all of them kicked me—I got up on my hands and knees, but they kept kicking me—I was knocked down again, and they all kicked me—I called to my wife to hold the prisoner as he was the man who broke my jaw, for I was knocked completely out of my senses—I called out as well as I could for the police, and my wife held the prisoner till a constable came—I had not been drinking—I had never seen the prisoner before.
Cross-examined. I did not throw a cake in a man's face, but it was spoken of at the hospital—four men were brought to my bedside, when I was almost blind—the doctors put something to my eyes, so that I got a
little glimmer, and I identified the prisoner at once—I did not identify anybody else—when I was kicked there was only the prisoner and me together; it was not till after my jaw was broken that the others surrounded me—I am still an inmate of the hospital.
GEORGE WHALIN . I am house-surgeon at St. Bartholomew's Hospital—the prosecutor came there on the morning of 19th January—I examined him; he had a fracture of the right jaw, and a large wound on the back of bis head; he had erysipelas and was very ill; but I do not know that his life was actually in danger—I requested that his deposition might be taken because he got worse—the fracture of the jaw might have been sustained in an ordinary fair fight, but not the wound at the back of the head.
JAMES BUTLER (Policeman G 210). On Sunday morning, 18th January, I saw the prosecutor in Aldersgate Street—I took him to Long Lane, and found the prisoner there in custody—the prosecutor pointed him out as the man who kicked him—he said nothing; he was sober.
GUILTY *— Eighteen Months' Imprisonment.
ROBERT OSLER , M.D. I live at 26, Mildmay Road—on 22nd January I was sent for, and found the prisoner standing at the end of the bed, with his throat cut—his wife was holding him—there was an open razor on the floor between his feet, and a pool of blood at his feet—it was a very serious cut, but not necessarily dangerous to life—it was deep in parts—he admitted next day that he inflicted it himself, and it is most likely that he did—I attended him for two or three days—he said that he had done it because, he was tired of being a burthen to his wife and child—he did not seem to be labouring under any particular delusion; he seemed perfectly sensible; but I never heard more than a dozen words from him—I sewed up the wound, and gave up attending him because the police took him away—he never denied having done it.
Prisoner. I have been troubled a good deal with fits, and I had been troubled a good deal that night.
THOMAS FARTHING (Policeman N 223). I was sent for, and found the prisoner in custody—I remained with him till the 26th, and then took him to the infirmary—he told me at first that he had done it himself, and that he was only sorry he had not cut his head off—on another occasion he asked me for a knife, and said that he would do it again the first opportunity—the infirmary doctor said that his brain was diseased, and he was not fit to be at large—he is not here—the prisoner appeared to me to be insane—he was light-headed at the Police Court; he asked me, before I had been there five minutes, what he was there for, and he said that he had been there a week—he has attacked me several times, and I have been obliged to keep every knife and razor out of his way—he has been subject to these fits for fifteen years, and the doctor says that his brain is diseased.
Prisoner's Defence. I have been in the hospital in Bloomsbury ten months, and they have done me a great deal of good.
NOT GUILTY, being insane. To be detained until Her Majesty's pleasure be known.
OLD COURT.—Tuesday, March 3rd, 1874.
Before Mr. Deputy Recorder.
MESSRS. BESLEY and J. H. TICKELL conducted the Prosecution; and MR. POLAND the Defence.
It appeared from MR. BESLEY'S opening that although the partnership deed was entered into in London, the defendant at once proceeded to the Cape, and there transacted business for the firm, and received the money and property in question, the other partner remaining in London. MR. POLAND upon this statement of facts submitted that this COURT had no jurisdiction, the offence, if any, having taken place at the Cape, and being larceny and not embezzlement. MR. BESLEY contended that the offence was that of embezzlement, and the essence of that offence consisted in non-accounting. The place of business of the other partner was in London; the prisoner had come from the Cape to this country and was about to proceed to Canada, and, therefore, in neglecting to account for the receipt of the property, he brought himself within the jurisdiction of this COURT. THE RECORDER was of opinion that the offence, if any, was that of larceny, and as that offence was committed at the Cape it must be judged of by the law in force there, this Court clearly having no jurisdiction. Cases referred to "Reg. v. Brown," 1 Moody, 349; "Reg. v. Dabrint," 11 Cox, C. C, 207; "Reg. v. Millard," 7 Carrington and Payne, 665; "Reg. v. Madge," 9 Carrington and Payne, 29.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution.
CHARLES WILLIAM MEITER . I carry on business as an India Rubber Manufacturer, at 87, Gracechurch Street, in partnership with Mr. Smith, the prisoner was in our employ as salesman—he had been with us about two years and a half—I knew him before at Mr. Fennell's, an India rubber dealer—last year I had occasion, with my partner, to be absent in the north for several months, attending to a contract which we had; the prisoner and a man named Otway were left in charge, we had a customer named Treenham, of 64, Deacon Street, Walworth Road—he sells pouches—if a person made a purchase and paid at the time, it was the prisoner's duty to enter it in his rough cash book and at night account for it to Mr. Smith, who was the financial partner, and in the absence of Mr. Smith and myself he would hand it to the cashier—on 23rd January, this year, I received a letter, in consequence of which I called in the services of the police; and on 4th February, in consequence of a communication that was made to me I went with my partner and Peck to the Royal Exchange, and Peck was subsequently given into custody—I have seen Mr. Treenham, and he has handed over to me a largo number of invoices bearing Peck's signature—these (produced) are three of them—they are receipted by Peck; one is dated 4th October, 1l. 4s. 6d., one 11th November, 1l. 15s. 2d., and one 8th December, 16s. 6d., all for pouches—I have looked at our books and have them here, I find no entry of those three sums—the prisoner has never accounted to me for them—here are eight more receipts signed by him.
Cross-examined by the Prisoner. My partner and I were away from three to four months, but we were back at intervals—we were away a good many times, extending over many days—while we were away you should have handed over the money you took to Mr. Worrall, the confidential clerk, or Mr. Freestone—Mr. Smith attended to the financial part of the business.
DANIEL TREENHAM . I live at 64, Deacon Street, Walworth—I keep a tobacconist's shop, which my wife manages—at the beginning of 1873, in consequence of an advertisement in the paper I went to Mr. Meiter's place in Gracechurch Street, and bought some pouches; I paid Otway for them—after that I went there frequently, and purchased goods nearly every day, I could not swear to particular dates—I paid money on the three invoices produced, and the person I paid receipted them—in the early part of this year I received a communication from Mr. Meiter, in consequence of which I handed to him a large number of invoices.
Cross-examined by the Prisoner. When you received the money you have many times been serving other customers, and I have often looked out things for myself—I always paid at the time or next morning—I never had anything to drink with any of the men—I have sometimes been there just at closing time.
Re-examined. I have no idea how many invoices I handed over to Mr. Meiter, I brought the file and they took what they wanted—here are eight others—I paid the money upon those to the person who signed them—I should think I had near 100 invoices altogether; I gave Mr. Menter a lot of those that were receipted by the prisoner.
C. W. MEITER (re-examined). I had a very large number of invoices from Mr. Treenham—I have gone through all those that were signed by Peck, and I should think there are between thirty and forty that have not been entered in the books, these are eight of them, in addition to the three charged in the indictment.
THOMAS WILLIAM SMITH . I am in partnership with Mr. Meiter—we were away in the North last year for some time; but we were back at intervals for a day, and then away again—we were both more or less in town during October, November, and December last—when money was paid over the counter to the prisoner it was his duty to account to me at night for it, and pay it to me; occasionally it would go for two days, even if I happened to be there—in my absence he would keep the money as long as three, four, or five days, and at the expiration of that time he would hand it to me—I may, on one or two occasions, have been away seven days, then home for one and back again—this is the daily cash-book, and the totals are made up in my writing nearly every day, and by this I can tell when I was in town—the 4th October was a Saturday, the cash was not made up on that day; the first time it was made up after the 4th was on the 15th, on that day he paid over the balance of those thirteen days, from the 4th to the 15th inclusive—he would probably have handed over to me 12l. or 15l. of a night, so as to reduce the amount in his box, and on the 15th it was finally balanced—I was probably there between the 4th and 15th—I am sure I received some money in that interval, because the total amount taken in that time would be so large that I should never allow such a sum to accumulate in his box—the total receipts on the 15th, I see, was 36l. 5s. 11d., including the accumulation of overs during that period, which amounted to 11l. 15s. 5d.—the first time after the 11th November that he
accounted to me was on the 22nd, he then paid me 13l. 16s. 11d., of which 6l. 19s. 11d. is booked as the accumulation of overs from the 4th; and the first time after 8th December was the 17th, I think that would be from the 1st—he had a desk and key, with money bowls, and a box to put the gold in; when he effected a sale and received the money he should enter it in this book—it was his duty to enter all the money he received, with the exception of small sums under a shilling, and at the end of the day those small sums would accumulate, which we call "overs"—those overs were a constant source of grief between him and me; I always blamed him for the overs amounting to so large a sum, and told him the sales should be more carefully entered; with regard to such large sums as those in the indictment they should have been entered at once; nothing but gross carelessness, or worse, could have prevented their being entered—these are the dates relating to the other invoices: after the 16th June the accounts were made up on the 17th; after the 15th August, on the 26th; after 29th September, on 1st October; after 17th November, on the 22nd; and after 24th November, on 1st December.
Cross-examined by the Prisoner. When you handed me over money I gave you a little ticket for the amount, and you initialled it, and when I balanced with you that was considered a voucher for the cash—you had your money-box to keep those tickets in, and the key was in your own possession—I do not recollect omitting to give you a ticket on any occasion, or making a mistake about 5l. which I gave you to pay petty accounts, and deducting it from the "overs," making you 5l. short—I see here is an entry of 11l. 19s. 11d., on 22nd November, altered to 6l. 19s. 11d.; I cannot say at this distance of time whether that refers to the 5l. you speak of—we had such trust and confidence in you that, before we discovered this, we were discussing the propriety of taking a shop at the West End, and putting you in sole charge.
Re-examined. The term "overs" relates to the small accounts—everything above a shilling would have to be entered each day—the total amount of "overs" allowed at the expiration of the six or ten days would be the amounts he had received and not entered—they should not amount to as much as 7l. or 8l., but he was in the habit of neglecting to enter sums considerably larger than a shilling.
JURY. Q. Do you keep a cashier? A. No, we had a confidential clerk, Mr. Warren, one could scarcely pall him a cashier—Mr. Meiter is comparativel ignorant of the financial department—it was not the prisoner's duty to hand over money to Warren, only to me—I do not think he had so much to do in serving customers that he might forget to make entries—he might forget a matter of 3s. or 4s.—there might be a little pressure sometimes for three quarters of an hour or so if several customers come in at once, but then he would have an hour with scarcely anything to do—the total amount of "overs" on 15th October was 11l. 15s. 5d.; on 27th, 1l. 7s. 3d.; on 4th November, 6l. 5s. 2d.; on 22nd, 6l. 19s. 11d.; on 1st December, 7l. 13s. 3d.; on 17th, 8l. 7s.; and on 31st, 11l. 15s. 6d.; making a total of 54l. 3s. 7d.
Meiter said you were a thief and had been robbing him—something was said about a parcel he had sent to Great Winchester Street, and he said you will find that it is entered—he was not charged with stealing it.
Prisoner's Defence. I paid over the money that I received in all cases, and put it in the box. I was busily engaged with other customers while serving Mr. Treenham, that was why the money was not entered. Sometimes I have been engaged serving three or four customers at a time. Next door but one there was another India rubber shop, and if customers were not served immediately they would go there. I placed the money in the till, and when I was at liberty I entered it. I am sorry to say I have sometimes omitted to enter things, and they have sometimes amounted to more than double the amount of the overs. I have in no case taken any money. I have not robbed my masters of any money since I have been in their employ. I was under very great disadvantage in having shopmen about me who were given to drink, and I have been reprimanded by Mr. Meiter for not speaking of their misdeeds, but no complaint was ever made against' me for drinking.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution.
CHARLES WILLIAM MEITER . The prisoner had no authority from me to go out soliciting orders for goods—I knew nothing of his dealing with Mr. Biggs until the 3rd or 4th February—I had never sold him anything or seen him at our premises—on 4th or 5th January, after we had taken stock, I called the prisoner into my private office and told him that there was a deficiency on the tobacco pouch department of which he had control, of 223l., that I had also examined his books and found certain entries in the cash-book which did not appear at the folio given in the ledger, and I wished him to account for that—I showed him the entries—he looked and said "I can't exactly make that out, but let me see, there are overs on that day"—I said "Peck, it is my deliberate opinion that you are a thief. Now, if you will confess, if it is to the amount of 500l., I will forgive you, and your secret shall remain with me"—he did not make any confession—after the police had communicated with me, I saw Mr. Biggs, and received from him these invoices, of 23rd August for 15s.; 28th October, 8s. 6d.; 12th November, 10s. 3d.; 1st October, 9s. 7 1/2 d.; and 22nd November, 8s. 3d.—I have looked to see whether any of those sums are entered in the books and they are not.
Cross-examined by the Prisoner. The pouches were charged to you from the works, they went through your hands and Otway's—the stock was kept partly on the first floor and partly on the basement—I don't know of any hundred dozens being jobbed in 1873; there might be 200 or 300 sold in that way, at prices ranging from 2s. 9d. a dozen to 17s.—I told you distinctly you were not to go and offer goods for sale—you wanted to do so—you told me that you had taken lists round to tobacconists, and asked me if you might do so, and I told you distinctly no—we had a traveller named Clark, he came in one morning and said that the wholesale buyers would not purchase of him because we had agents outside, and our pouches were in every tobacconists' shop from the Marble Arch to John O'Groats, and I said I would give a sovereign if they could produce me one that I sold to a tobacconist.
Re-examined. We do not cater for custom—tobacconists come and buy and pay cash—I knew nothing of Mr. Biggs or of the prisoner's brother (selling for him.
GEORGE BIGGS . I am a tobacconist, of 2, Hereford Place, Commercial Road—some time last year the prisoner's brother, Alexander Peck, called upon me, and from time to time I purchased pouches from him, for which I paid cash—here are invoices of 23rd August, 28th October, 1st November, 17th November, and 22nd November—in respect of all these I paid the money to Alexander Peck—the prisoner used sometimes to come in with him; not when I have been purchasing, but other evenings—nothing has been said about the pouches on those occasions—on 3rd February, between 4 and 5 o'clock in the evening, the prisoner came with three pouches—I had received some pouches in the earlier part of that day, from a man named Gosling—I had no conversation with the prisoner when he brought the three pouches—Mrs. Biggs took them of him, and paid him the money—I did not see her pay him—there is no receipt here of the prisoner's for 3s. 9d.
Cross-examined by the Prisoner. I have no receipt here for 13s. 9d.—the three pouches were in place of three damaged ones that Gosling had brought in the morning—my wife paid you 13s. 9d., I believe, but I was not present then; I was at all the others.
ALEXANDER PECK . I am the prisoner's brother, and live at 71, Clark Street, Jubilee Street, Stepney—during the year 1873 I sold some pouches for my brother to Mr. Biggs—the receipts produced are in my handwriting, and were given by me to him—I paid the money I received to my brother—I had 5 per cent commission for my trouble—after my brother was in custody, I handed to Mr. Meiter twenty-three pouches, which I had received from my brother as samples; I received all of them before Christmas.
Cross-examined by the Prisoner. I received no commission on the Prince of Wales pouches, except what you gave me out of your own pocket—I sold two and a half dozen of Prince of Wales pouches to Mr. Biggs—that would be about an eighth of what I sold him.
Re-examined. I was in the employ of Mr. Tozer, the shoemaker—my hours there were from 8 o'clock till 8—I used to do this after 8 o'clock, on my way home.
ROBERT PUTNAM (City Detective). On 23rd January I was instructed b Sergeant Fluister to watch Peck and Outram—I continued to watch them till 4th February—I was with Hunt and Fluister when Peck was taken into custody—I took him to Mr. Biggs' shop—on the way there he said to Mr. Smith, "I admit that I have taken about 15l. worth out of stock instead of charging you overtime"—he was asked if he had anything at home; he said "Yes, I have two coats and a pair of leggings"—he said something about Otway—I went to his lodging, and found two coats and two pairs of leggings, and several elastic bands—at the station he was asked how he accounted for the possession of those coats, and he said "I will answer that to-morrow."
BAXTER HUNT (City Detective). On 3rd February I saw the prisoner leave the prosecutor's premises—I followed him to Mr. Biggs' shop—he went in, and I followed—he pulled three pouches out of his pocket, and put them on the counter—Mrs. Biggs, who was in the shop, took them from the counter and placed them at the back part of the shop, and they had some conversation about the accounts—it appears that there were three transactions of 3s. 6d., 4s. 6d., and 5s. 9d.—the prisoner's account was 5s. 9d., but
the woman's account was 5s. 6d.—there was an argument about the 3rd, but he signed the receipt and she gave him the money—on 4th February, when he was taken into custody at the Royal Exchange, Fluister asked him where he went to last night—he said he went home—Fluister asked if he went anywhere else, if he went straight home—he said "Yes"—Fluister said "Did you not call in anywhere?"—he said "Yes, I called in at Mr. Biggs' shop"—he was then asked if he had left anything—he said "No"—I asked if he remembered seeing me in the shop—he said "No"—I told him I was there, and that he left three pouches—he then said "Yes, I took three pouches in the place of three that Mr. Biggs objected to by the traveller"—three pouches were found upon him, which Mr. Meiter identified.
WILLIAM JOHN FLUISTER . I was with the last witness on 4th February at the Royal Exchange, when the prisoner was taken into custody—I afterwards took him in a cab to Mr. Biggs, who identified him as having had numerous transactions with him and his brother—he made no reply—he said in the cab that he had taken 15l. from stock to make up for his overtime since Christmas—his lodging in Collet Place was searched, and two macintoshs, a pair of gaiters, and a quantity of rings and garters found there.
MR. MEITER (re-examined). There was no claim made for overtime—at Christmas, my partner, thinking he had exerted himself a little, made him a present of 5l. as a Christmas box—he said he hoped to receive a rise—I said there was a large deficiency in the stock; if we could trace that out he might depend upon receiving the same consideration he always had—there was no overtime, because, after that; I closed the place and locked it myself at night; I would not give him the chance of robbing us any more.
FRANCIS JOSEPH WANT (examined by the Prisoner). I sent up the pouches from the works from June, 1873, to Jannary, 1874—sent the invoices to the warehouse enclosed-to Meiter, or Mr. Smith, while the contract was' on and they were away, I directed them to Mr. Otway, who, I considered, was in charge of the warehouse—I have not done so in all cases, as a rule they have merely been directed "Invoices," without any name, but if I knew who was there I directed them to that name—a few mistakes might be made in the pouches with names embossed on them at the commencement of the trade, but certainly not twenty—some bird's nest pouches were returned to me to be reboxed, they were charged to me and charged back again—if there was a mistake Peck would send an order for a fresh pouch, but he did not return the other, consequently I was at the loss of it, so it was to my interest not to make a mistake—the pouches found on the prisoner are mistakes in the spelling.
BENJAMIN SAMUEL TAYLOR (examined by the Prisoner). The prisoner had the smaller of these three pouches from me on the Wednesday evening, lie paid for it—Grose handed you one mistake to try and get rid of for him—I am with Messrs. Meiter, I take all the cash that is received and book it—I received 13s. 9d. from the prisoner on Wednesday morning, 4th February, and endorsed it—he told me to put a number on it, which I did, 206—I should imagine that referred to the order book.
The Prisoner in a long defence stated that he had no means of checking the invoices which were sent up from the works, as only a portion, of them passed through has hands, Otway having (he principal control of the pouch department That the bird's nest pouches remained on stock, and he, was ordered by Mr. Mailer to sell them off as quickly as he could, which he did; and (that the
three pouches which he took to Mr. Biggs were proved to have been properly paid for by him. That the shopmen were given to drink, and as one of them had a duplicate key of his desk, he left it open, and all who wanted change had access to it for that purpose.
GUILTY — Eighteen Months' Imprisonment.
205. HENRY OTWAY (24), PLEADED GUILTY to stealing 20 coats and 50 tobacco pouches of Charles William Meiter and another, his masters.— He was recommended to mercy by the Prosecutors, and received a good character.— Six Months' Imprisonment.
MR. HARMSWORTH conducted the Prosecution.
EDWARD WILLIAM WHITTLE . I am potman at the White Hart, Ossulton Street, Euston Road—on Saturday night, 31st January, about 10 or 11 o'clock, I was called upstairs to turn the prisoner out in the execution of my duty—while doing so, she tried to stab my master, I jumped in front of him and caught the stab in my neck—the prisoner ran away, I followed her, she escaped then, but I found her about twenty minutes afterwards in the Euston Road, and charged her with stabbing me—she said she had not been in the house—I gave her in charge—I did not see anything in her hand while she was struggling with my master.
JOHN BRICKWOOD . I am landlord of the White Hart—on Saturday night, 31st January, about 10 or 11 o'clock, the prisoner was at my bar—I had refused to serve her several times before, and she said if I did not serve her she meant to knife me—she had a penknife in her hand, with a sharp open blade—I went round the bar to turn her out, and called the potman to assist me; I caught her hand with the knife in it, and told the potman to take hold of her other hand—at the door she got her hand loose and made a dart at me and caught him in the neck—she then ran out, I followed her, but she ran through a house and was not taken till half-an-hour afterwards—she was not drunk—I had been cautioned by a policeman that she meant to knife me for refusing to serve her; I am obliged to refuse such characters to keep my house respectable.
ELLIS BETTS . I am a bootmaker, of 83, Euston Road—I was at the White Hart, and saw the prisoner strike the potman with an open pen-knife; the blade was about 1 1/2 inches long—I heard her say it would not be well for them if they insisted on her going out—I cautioned the landlord that she had got a knife in her hand—she tried to strike the landlord and struck the potman.
JAMES THOMAS PAUL . I am a surgeon of 26, Burton Crescent—about 11.15 on the night in question I saw the prosecutor; ho had a punctured wound on the right side of the neck—I could not say it was a serious wound, but it was in a dangerous part near the carotid artery—a sharp instrument such as a penknife, would have inflicted it.
The Prisoners' statements before the Magistrate. "Can't I have it finished here. I have a little child to support. I am very sorry fur it; I don't recollect doing it."
GUILTY of unlawfully wounding.—Nine Months' Imprisonment.
208. HERBERT JAMES JENNER MEARS (27) , to feloniously forging and uttering two orders for 150l. and 250l., with intent to defraud— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
NEW COURT—Tuesday, March 3rd, 1874.
Before Mr. Common Serjeant.
210. CHARLES KING (50), PLEADED GUILTY to stealing a watch and other articles, and 12l. in money, of Theodore Lehmkuhl; also to stealing a purse and 20l., the property of Bernard Rigold; also to stealing a watch and other articles, the property of Alexander Gavin— Twelve Months' Imprisonment. And
211. LEWIS JOHN SERE (23) , to five indictments for feloniously forging and uttering requests for the delivery of knives, forks, and other articles, with intent to defraud.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
WILTSHIRE PLEADED GUILTY .* Nine Months' Imprisonment.
FREDERICK DOWNS (City Detective). On 27th January, about 2.30, I was on duty in Cheapside, with Halse and saw the three prisoners go down Friday Street—they went in and out of various warehouses for about an hour—it was Brown who principally went in—they then went to Watling Street—a cart was standing outside No. 48, they all three walked round it, and a boy then came down stairs from a warehouse, and went to the side of the cart—Brown spoke to him, but I do not know what he said—the boy then went up stairs, and Brown immediately went to the side of the cart, took out this bundle of brushes, and threw them into the passage of the warehouse, as though he was delivering them—Wiltshire took them from the passage and gave them to Sullivan, and they went in different directions—I followed Brown and took him in Cheapside—I said "I want you"—he said "What for?"—I said "For stealing a parcel from a cart"—he said "I know nothing about it, you have made a mistake, and if you take me to the station you will hear further of it"—I took him there.
Cross-examined by MR. COOPER. I did not seize him when he took them from the cart, because we wanted to get all three—I was in a warehouse on the opposite side of the way, I saw their faces and there is no doubt about them.
DANIEL HALSE (City Detective). I was with Downs, and followed the prisoners from Cheapside to Watling Street, where there was a cart opposite the door of No. 49; a boy came out and Brown spoke to him, and he went buck into the warehouse—Brown then took these brushes from the cart and threw them into the passage—Wiltshire fetched them out and gave them to Sullivan—I followed Sullivan to the Mansion House, and said "Where did
you get those brushes from?"—he said "I found them"—I took him to the station.
Cross-examined by MR. COOPER. We thought they would all come together again, and we should take them all.
AUSTIN TAYLOR . I am in the employ of George King & Son, brush-makers, of 75, Chiswell Street—on 27th January I went with their cart to 49, Watling Street—when I was leaving Brown came up and said they wanted to see me up stairs—I went and inquired whether any one wanted to see me; they said "No," and when I went down I missed some brushes from the cart, value 2l. 17s., and the prisoners were gone.
Cross-examined by MR. COOPER. They have got my masters' name on them.
Brown's statement before the Magistrate was that a City porter sent him to speak to the boy, but that he knew nothing about the brushes.
BROWN— GUILTY . He was further charged with a former conviction at Guildhall, in January, 1873, to which he
PLEADED GUILTY— Twelve Month's Imprisonment.
SULLIVAN— GUILTY .— Six Months' Imprisonment.
213. PATRICK DRISCOLL (18), and HENRY ANDERSON (32) , Burglariously breaking and entering the dwelling-house of Michael Rosenberg, and stealing therein two watches, a boot, and other articles his property.
MR. GRIFFITHS conducted the Prosecution; and MR. SIMS defended Anderson.
MICHAEL ROSENBERG . I am a clothier, of 66, Cable Street, St. George's—on 20th February I saw the house securely fastened, and went to bed at 11 o'clock—the shop window was in good repair and the shutter was up—there were two watches, a pair of boots, and six shirts in the window—I was roused by a neighbour at 1 o'clock and found a policeman there—the shop window had been broken, one of the shutters had been pulled down, and I missed the articles from the window—they could be reached by a man putting his hand through the broken glass—this (produced) is one of the boots I missed.
SOPHIA KEATS . I live next door to Mr. Rosenberg—I heard the window smash at 1 o'clock in the morning, I went out and saw three men leave the shop window; one ran away as soon as I opened the door, and when I came out two more ran away—I went out, saw the shutters down, knocked at the door, and called "Police!"—I did not see the men's faces, two of them had black coats on, but I could not see how the third was dressed.
JOHN DEEDY . I am an assistant letter sorter; I was going home from mid-night duty, heard a smash, and saw three men run from the side of Mr. Rosenberg's shop—the prisoners are two of them—Driscoll ran down a passage, I chased Anderson and the other man right along Cable Street, shouting at the top of my voice; a policeman joined me, we were running fast, Anderson fell back into a doorway and we passed him, but we went back and took him—I am sure he is one of the men who ran from the shop, I never lost sight of him—Driscoll was dressed about the same as he is now.
Cross-examined. If I put in all the turnings I ran a mile and a half—they were 20 yards ahead all the way—they both ran very fast, and turned a great many times, through half-a-dozen streets.—during all that time I only saw Anderson's back—he wore a low round cloth cap, with a peak, and a little knob on the top.
Driscoll. Q. Was I running? A. You ran till you got to a court, about two minutes' walk from Rosenberg's shop, and then I took no more notice of you.
ELIJAH VINEY (Policeman H 95). I saw Deedy, and ran with him after two men—we had a good chase, and overtook Anderson—he went into a doorway; he appeared to be out of breath—I gave him to Woodcock, and chased the other man, but lost him.
JOSEPH MARRIOTT (Policeman H 174). At 1 o'clock on this morning I was on duty, and saw Driscoll at the corner of William's Court, three or four doors from where the burglary was committed—it was then 12.58 or 12.57, and I told him to go indoors—he said he was going to work, but I afterwards saw him peeping out at the door—I afterwards saw Anderson and another man opposite Rosenberg's shop—I went about 15 yards off, and then heard a shutter falling, and a cry of "Police!"—I ran to the spot, and saw someone, dressed in a white slop, just the same as Driscoll is, go down William's Court, and someone else ran down the street—I went down William's Court, and found this boot (produced) outside the door where Driscoll was—I pushed the street door open, and knocked at the parlor door, and asked if anyone had come in—someone said "He has gone upstairs"—I went up, and knocked at the door—the wife said "Who is there?"—I said "Police"—she said "If you want to come in, burst the door open"—I did so at once, and found Driscoll lying on the floor, with his clothes on, just as he is now—I told him I should take him for being concerned in breaking into Rosenberg's shop—he made no reply—as I went by the sho I saw the shutters down—I recognised Anderson and the other man before this took place.
Cross-examined. From the time I heard the smash and ran back, I did not see Driscoll again—I was not on the same side of the way as Anderson; I was opposite the prosecutor's shop, standing right in the light—I did not see anything of Anderson till he was taken.
Driscoll. Q. When you came up, was I not asleep, lying on the floor, very drunk? A. No—I did not kick you before you woke—when I told you the charge you made no reply—you were not drunk.
Re-examined. I do not know that Anderson is in the employ of Mr. Crump, who keeps a boarding-house for sailors—I have not seen him taking home sailors late at night.
WILLIAM ALLMAN (Policeman H 102). I saw Driscoll at 12.45 on this morning, three or four doors from the prosecutor's shop—I said "What are you loitering about for?"—he said "Nothing; I am going to my work," and went down the court—I saw Anderson at 12.55; he and another man passed me at the bottom of Christian Street, about 100 yards from the prosecutor's, shop, going from it—I am sure Anderson is the man—I went with Marriott—he knocked at the door of a house, and someone said "He has gone upstairs"—we went up, and someone said "Who is there?"—we said "Police; we want to come in"—the voice said "If you want to come in, you must burst the door open"—we did so, and found Driscoll lying on the floor, dressed as he is now—we told him the charge—he made no reply.
Cross-examined. I do not know that Anderson is in Mr. Crump's employ—I have not seen him taking the sailors home at night.
Driscoll. Q. Was I drunk? A. No, quite sober.
in James Street walking very fast, but not knowing anything was the matter, I did not interfere with them.
Driscoll's Defence. Two men told me that the Dublin boat was in. I stood there the policeman came up and said "What are you doing here?" I said "I am going to work." I opened the door a little way and saw no one, and then I laid down because I was drunk. I had been about ten minutes in bed when the policeman came in and kicked me. Plenty of chaps in that neighbourhood wear white jackets the same as I do. The constable searched the house and found nothing. All he can swear to is a white jacket.
GUILTY .— Nine Months' Imprisonment each.
MR. HARRIS conducted the Prosecution.
ROBERT GURNET BARCLAY . I am manager of the Pall Mall branch of the London Joint Stock Bank—on 31st January, in the afternoon, I was in my room, and the cashier brought me this cheque—I desired that the bearer might be brought to me, and the prisoner was brought in—I asked him where he got the cheque—he said that he met a man in Long Acre, who requested him to come to the bank and get it cashed—Mr. Ryan, whose signature it purports to bear, is a customer of the bank, and knowing that it was not his signature I gave the prisoner in charge—(Cheque read: "January 31st, 1874. London Joint Stock Bank, 69, Pall Mall. Pay self or bearer 5l. James Ryan).
WILLIAM HENRY WILSON . I am a clerk in the London Joint Stock Bank, 69, Pall Mall—on Saturday, 31st January, the prisoner brought this order: "116, Long Acre, January 31st, 1874, London Joint Stock Bank. Please let bearer have a small cheque book and oblige, James Ryan"—I said "Do you come from Mr. Ryan?"—he said "Yes"—I said "Mr. Ryan of Long Acre?"—he said "Yes"—I looked at it twice, thinking it was not a proper document, but in the hurry of business I gave him a book of fifty cheques, and the cheque in question is one of them.
JAMES RYAN . I carry on business at 116, Long Acre, and have an account at the London Joint Stock Bank, Pall Mall—I do not know the prisoner—I did not write this order or authorize the prisoner or anybody to write it for me—I never issued this cheque or authorized anybody to write my name on it.
WILLIAM GAYLER (Policeman C 280). On 31st January I was called to the London Joint Stock Bank, and the prisoner was charged with obtaining a cheque book and uttering one of the cheques for 5l—he said nothing—I took him to the station, and he said that a man in Long Acre got him to go and get the cheque cashed for him—he did not give me the man's address.
The prisoner put in a written defence, stating that a man named Frank Williamson, who he had known for years, gave him a shilling to take the letter to the bank, and told him to say if necessary that he came from James Ryan, Esq., that he did so, and met Williamson at the corner of Mercer Street, and gave him what he had received at the bank, not knowing what it was, that he afterwards sent him to the bank again, saying that Mr. Ryan wanted a cheque cashed, and that when he went there he was detained, that he gave Williamson's address, but no one went there
GUILTY — Eighteen Months' Imprisonment .—There was another indictment against the prisoner.
THIRD COURT.—Tuesday, March 3rd, 1874.
Before Robert Malcolm Kerr, Esq.
MESSRS. MONTAGU WILLIAMS and WALTER BALLAKTINE conducted the Prosecution; and MESSRS. BESLEY and SIMS the Defence.
FREDERICK ARTHUR ALEXANDER ROWLAND . I am a solicitor, of Howard Street, Strand—a Chancery suit had been going on for some time between my brother and the executors of my father's will—I am the solicitor for my family; Mr. Hemsley for the executors—the prisoner was Mr. Hemsley's clerk—he conducted the business as regards the suit—there were some houses at Greenwich, making part of my father's estate, the rents of which were collected by the Rent Guarantee Society, of which Mr. Stone is the secretary—he gave me this letter, which he had received from the prisoner—it is in the prisoner's handwriting—(Read: "5th October. Dear Sir,—I am in receipt of the accounts. Please send cheque for the balance; if convenient, one for 20l. on account, in favour of W. Jackson, builder, and one for 38l. 16s. 3d., payable to Mr. Bingley.") Mr. Stone also gave me two cheques, which are produced—this is a cheque payable to W. Jackson, or order, for 20l., and to the best of my belief the endorsement is in the prisoner's writing—this receipt is also in his writing. (This was a receipt to the Rent Guarantee Society for 58l. 16s. 3d.; cheque, 20l., ditto, 38l. 16s. 3d.; signed "Alexander Hemsley N.") After those cheques came to my knowledge, I went to Mr. Stone, and subsequently to Mr. Hemsley's office, where I saw the prisoner—he was asked for an explanation as to what he had done with the cheque, and he asked for time to produce a voucher for it—twenty-four hours was given him, no explanation was forthcoming, and a warrant was applied for.
Cross-examined. My father's property was about 60,000l.—he died in June, 1869, and an administration suit was commenced—I was not an admitted solicitor at that time; I was under articles with Messrs. Vallance and Vallance—before I was admitted, Mr. Hemsley acted for the family in the administration suit—the accounts were brought in to the Court of Chancery from time to time, I believe—I conducted the suit after I had been admitted about four months, and I was admitted in Michaelmas Term, 1871—early in 1872 I acted for all the beneficiares, leaving Mr. Hemsley to act for the executors—there was some ill-feeling between myself and Nash, on account of his bad conduct—I did not take out one hundred and forty summonses in the Court of Chancery before the chief clerk—there were a great number of summonses where I appeared for the beneficiares, and he appeared for the executors, and he complained that we were putting the estate to unnecessary expense—he complained very frequently of that before the chief clerk—it is not a fact that as many as twenty-four summonses out of thirty failed and were dismissed; not one was dismissed as
being unnecessary and putting the estate to unnecessary costs—I should think three were dismissed—I think I am able to pledge myself that a dozen were not dismissed—five applications were heard by Vice-Chancellor Hall, and three of mine were dismissed, and two were by the defendants—the whole thing stood over—there were not as many as thirty summonses upon which no order was made—summonses were issued in consequence of the conduct of the prisoner, who delayed and complicated the suit to a very great extent, and summonses were from time to time issued for distribution of the funds in Court, which were stopped, and falsehoods told before the chief clerk, and the whole thing complicated, that I was compelled to issue what summonses were issued—the matter was complicated and confused—I daresay there were eight or nine summonses where there was no order—I did not threaten to pull the prisoner's nose when we were before the chief clerk, when he complained that I was putting them to unnecessary expense—there were no angry words on my part—I did not say I would make him pay for it—I don't pretend that I was on good terms with him—I went to Mr. Hemsley's office on the 28th January—I took Mr. George Lewis with me—he acted for me—Mr. Hemsley was there—the prisoner said he required time to look for the voucher—he did not say that if any money were due he would pay; I did not hear that—Mr. George Lewis is not acting in this prosecution; he acted for me at the Police Court, but the prosecution was originally entrusted to me; Mr. Lewis only acted for me—Mr. Ash is a law stationer—I don't know that he holds an official appointment—Mr. Hemsley is not prosecuting, but he is giving every assistance in his power—I know nothing about the internal arrangements of his office—I have not been told that the prisoner was always ready to give security for moneys, or pay them over, if any balance was found to be due—I have seen the prisoner write a great many times—I hare seen Mr. Lewis in court to-day—the cheque was shown to the prisoner, and he examined it, and it was then he said that he could not go into these matters in two hours, and asked for time to produce the voucher.
Re-examined. Mr. Lewis showed the prisoner the cheque in my presence, and told him he believed it was his signature—he did not deny it, but said he would look for the voucher.
RICHARD STONE . I am Secretary of the Rent Guarantee Society—we have been in the habit of collecting the rent of Mr. Rowland's estate at Greenwich—I received this letter, in consequence of which I signed these two cheques—I received a receipt for them as from Mr. Helmsley—I had to make an affidavit in verification of certain rents and payments, and I had an interview with the prisoner for that purpose—he brought a paper to me which he represented as the draft of an affidavit he wanted me to sign—he called out the sums from the draft, and I compared it with the items, and one of the items in my ledger, which I compared with the draft, was 58l. 16s. 3d—he subsequently brought the affidavit which I swore, believing it to be in accordance with the draft.
Cross-examined. I have not specially searched for the draft affidavit amongst the papers; I told the prisoner to, and he searched and said he could not find it.
Cross-examined. I have a distinct memory of the figures being called and compared with the ledger—I could not bear in my memory the particular items without the ledger—I have not got the ledger here.
Re-examined. The ledger was brought into my room, and the prisoner read the items and I compared and marked them in the ledger, and it was in consequence of that that I did not look at the affidavit.
THOMAS SILVERTHORN JACKSON . I am a builder, and reside at 120, Luxmore Road, Malpas Road—from time to time I have done repairs on the Greenwich property of the late Mr. Rowland—in the month of July, 1872, I was doing repairs on that property—this cheque for 20l. never passed into my hands—the endorsement at the back is not in my handwriting—my cheques were paid on the architect's certificates.
Cross-examined. The prisoner gave me instructions on two or three occasions with regard to the repairs of the property—I sent in my account as each job was finished, and I was generally paid by the Rent Guarantee Society—I took an order upon them—I should think the whole amount of repairs for 1872 would be under 40l., and I have not done any since.
ALFRED ASH . I am a law stationer and stamp distributor in the Record and Writ Office, in Chancery Lane—I bank at the Union Bank—I took this cheque a year and a half ago I presume by its coming back through in bankers—I presume I gave cash for it from that fact—I had changed cheques for the prisoner from time to time.
Cross-examined. I have no recollection with reference to that particular cheque, except that it passed through the bank—I can't tell whether it was a man, woman, or child that I received it from—I don't take many from girls, but it might have been a boy.
FREDERICK HARRISON . I am a clerk in the Union Bank of London, Chancery Lane Branch—I produce the waste-book of the bank—I find that a cheque for 20l. was passed to the account of Alfred Ash—it was paid into his credit—I did not make the entry, the clerk who did has left.
Cross-examined. I know the cheque was paid in by the entry in the book.
ALEXANDER HELMSLEY (re-examined). I did not receive this cheque for 20l. from the prisoner—I did not see it until it was produced by Mr. Lewis—I did not give the prisoner any authority to apply to the Rent Guarantee Society for a payment in the name of Jackson.
Cross-examined. The matter of Rowland's amounted to some thousands of pounds, but it did not pass through the prisoner's hands—I left all the details of the case to the prisoner—until Mr. Rowland became of age we were the sole representatives of all parties—I have heard constant complaints by the prisoner that Mr. Rowland was putting the estate to unnecessary expense and the other way too—I was present on the 28th January when Mr. George Lewis was there—I came in afterwards—I was not present at the commencement of the interview—I have not received money from the prisoner since that time, but Mr. Bingley has—he is the executor—the amounts were 20l. and 30l.—I am not aware of 25l.—I went through his account yesterday, and he made up the account after he had been arrested, and sent it up to me, and by that account he would be entitled to 25l.—I was not aware of that until he sent it in—I have seen cheques lying on his desk occasionally before they were sent in—there are
five persons employed in my office—I don't remember the exact words the prisoner used when he was challenged—he said "All I can say now in the hurry of the moment and the suddenness of the charge, is that I thought Jackson had a debt due to him of about 25l.," and I think I understood him to say that he had promised to get it for him—whether he said that or not, he said he obtained it, got that 20l. on account—he afterward found out that Mr. Bingley had paid the debt due to Jackson, and found it was not due—I could hardly understand his explanation afterwards—I did not understand that he had mislaid the cheque, only that after he got the cheque he found that Jackson had been paid—he did not say at that time that he was ready and willing to pay any funds that were found deficient, but he has since written to me to that effect—I do not say it was impossible in a long case like this not to have mistakes made, but probable—the Rent Guarantee Society made a mistake—the prisoner has been in my employ nine years.
Re-examined. I have the letter which he wrote to me about the deficiency—the amount is about 200l. or 300l.
GUILTY of uttering.
He was also charged with having been before convicted on 23rd February, 1852, in the name of Charles Nash. MR. WILLIAMS stated that the officer was dead who could prove the conviction, and, therefore, he should offer no evidence as to that.— Five Years' Penal Servitude.
216. ELIZABETH DE CIVRY (46) , Unlawfully obtaining from Elizabeth Hawker one dozen reels of cotton, ten pictures, and other goods by means of false pretences, with intent to defraud. Second Count—obtaining the said goods, by means of false pretences, from the said person, and incurring a debt and liability. Other Counts—obtaining goods from Charles Asprey and other persons by means of false pretences.
MESSRS. BESLEY and SOULSBY conducted the Prosecution; and MR. MONTAGU WILLIAMS and MR. MICHAEL LAW the Defence.
ELIZABETH HAWKER . I live at 28, St. George's Place, Knightsbridge, and am a fancy wool dealer—I know the prisoner under the name of the Countess De Bar—I first saw her on 27th January, 1873—she called at my shop then, and asked for some sacred Catholic pictures, large ones, I only kept small ones in stock, and she asked me if I could get some large ones and send them on approval; I did so, and the Countess was out—she gave the address 137, Eagle Place, Brompton Road—this is my bill, it came to about 1l. 5s.—I went to Brompton Road the next day to see what pictures she had selected—she said "I am a foreigner in this country, I am going to take a place near here"—she told me she had a brother in Spain, and large tin mines in Spain, and she had a ship load lying in the docks—she asked me if I could recommend her a broker to sell them, and I told her to inquire of the trades people round and no doubt some one would tell her—I asked her to give me a pen and ink and paper to make out my bill for the goods selected—she said "You need not do that, as I require a pound of knitting and crochet cotton, and send the bill the next day,"The message came back that the Countess was out, and would I leave the goods, and that her ladyship would call on the morrow or send, and on the morrow I received a letter which is in Court, to the effect would I call at once, her ladyship wanted to see me—I called on the 29th, and she said "I have decided and taken a house in Queens borough Place," she was going to enter the house on the 25th March, and could I recommend
her some servants—I think it was four in all I was asked about, a cook and page boy and someone else; it was not a maid, because she said she would get a maid straight from Paris—she did not tell me the number of the house—she gave me some curtain orders and sixty-eight yards of curtain bordering, and said she wanted them sent as soon as possible, and I said I could not execute the order as I did not know the number of the house; she sent back a message to say when she got into the house it would be then time enough for the curtains—I saw Mr. Douglas afterwards and found she had not taken the house—I believed her statement that she had taken a house—I asked her to pay ray bill when she gave me the order on the 29th—she said "I require a great many goods, I don't take trouble with small bills, and I prefer paying you when the order is executed"—she wanted a gilt cheval screen and some arm chairs—the amount of the order altogether was 31l., and with the expenses in the County Court and all it would be about 50l.—I sent her the sacred pictures and some frames and oil paints to paint the pictures with—she told me about the mines in the first place—I did not supply her with any goods after the statement about the house—she mentioned the tin mines on the 28th—on the nest day, the 29th, she told me she had taken the house—the amount of the whole order, if I had executed it, would have been about 150l.—I got it in hand and partly finished—none of the goods were supplied before she mentioned the tin mines and before she mentioned the house in Queens borough Place—I had left the pictures for her approval—I think it was about the 9th March I went to Queens borough Place—all the goods had not been supplied at that time—the last goods were sent in on 11th March—I thought there must have been some mistake so I let the goods go—I afterwards summoned the prisoner and her husband to the County Court—the Countess appeared and her solicitor, Mr. Crook—I made a statement to the judge about the tin mines, and how she had deceived me—she was present, and she said she was alone responsible for paying my bill, and I should have it the following month; and I said "How can I rely upon this lady's word, she may be gone out of the country"—she said at the County Court that she had made a mistake, the ship load of tin had not arrived—I asked her if she would return my goods if the judge would grant it—she did not return the goods, and I have never been paid the money.
Cross-examined. I treated it as a matter of debt, and summoned her to the County Court—I have stated to-day what I stated before the Magistrate—I don't remember that I swore before the Magistrate that it was not till after the goods were supplied that she told me about the tin; I know perfectly well that it was the first time I saw her.
Re-examined. The tin was mentioned at the County Court—the first time I saw her was in my shop; the second time was at her house—I call the first time coming into my shop nothing—it was the first time I saw her at her own house that she mentioned the tin—the goods bad then been sent only on approval; I had not trusted her—she told me her own brother was managing the mines for her.
ANNIE TAPPER . I am a widow, and live at 237, Brompton Road—the prisoner came to my house in January last year—she called herself the Countess de Bar—a person came afterwards to say that the Count and Countess would take the apartments—they remained with me until May—during that time they occupied four rooms—there were the Count, the Countess, and four children—I supplied them with board and lodging—the
amount owing is upwards of 100l.—she paid me the first week, and some small sums; she paid me altogether about 10l.—some goods were brought there while she was living at my place—the trades people sent in bills—I think Poole the tailor sent in clothes—of course I don't know all the goods that were sent, but I know those things were sent because they have been since to enquire about them—I have seen the Countess painting pictures: but I have not seen am valuable pictures come there, nor any jewellery—I never heard any other name but De Bar—I have heard them refer to Spam; disappointments she had received from Spain was the cause of my not being paid, Spain being in such a state that they could not work the mines—she mentioned that they were tin mines—she went to Oakley Square after she left me, and took away the things that had been left by Pooles, and other people.
Cross-examined. Her husband, the Count, was there—she had a daughter, and there were four sons; but there was one they called the Vicomte—I don't know Miss Hawker—I know that she sent goods, and the Countess used to send a note up and ask her to get things—I knew things were sent, but I could not say whether they were valuable articles.
JAMES THOMAS PASSMORE . I am clerk to Mr. Douglas, a house agent, 43, Cornwall Road—he built all the houses in Queensborough Place—there was a house to let in January, 1873, but I never saw the prisoner at all about it, nor her husband—I never knew the name until the summons was sent to appear in this case—there might have been two houses vacant, but they were not in a proper state to let—if the prisoner had taken one of the houses, I should have known it, and those that are let could not have been let or assigned without my consent.
Cross-examined. Mr. Douglas is a builder—he employs about three hundred people, labourers and painters—she may have applied for a house without my knowledge; you might go and ask any of the people on the premises.
Re-examined. No letting or selling could take place without my knowledge.
ANTOINETTE POCHET . I am a dressmaker, and carry on business at 150, Brompton Road—about the first or second week in February a note was brought to me—I have not kept it; I burnt it a month or two afterwards—in consequence of that note I saw the prisoner—I went about ten minutes after I had it, to 237, Brompton Road—the note said, "Come and take orders, and bring some patterns of stuff"—it was from the Countess De Bar—when I got to 237, Brompton Road, I saw the prisoner—she said she wished a dress made, and I showed her some patterns—she gave me an order for two dresses, one for herself and one for the daughter—she said it was her intention to take a house in Queensborough Place—she spoke in French—she said, at the same time, the houses were very dear and expensive, and I observed "Why don't you go to Stanhope Place, where they are cheaper?"—she said "No, that won't do, because I have heard that place is not so respectable"—I said "I am sorry to hear you say so, Madame, because I know several people who live there, and they are very well off"—I went away and came again three days afterwards to try the dresses on—she said "I have concluded the matter, I have taken the house in Queensborough Place;" and she would get in in March; she had taken the house for twenty-one years—she said she would remain in this country four or five years, the time it would take to arrange all the matters in
Franco, and after that time they would either let the house or sell the furniture and go away—her little son came to me to say, "Will you bring the dress of mama's down" and I said "Yes, I will bring it myself," and I took it myself—I took the bill with me, and gave it to the young lady, Miss Elizabeth—she looked at the dress, and said it was very nice—I said "Here is the bill," and she said "Mama is not at home," and I saw her at the window—I came away with the dress and left the bill—I had a letter from the Countess afterwards saying that as soon as she had settled the house she would send for the dress, and I never heard anything more of her till she was in prison.
SARAH ANN WALLIS . I live at 44 and 45, Woolwich Common—the prisoner rented some rooms of me—I knew her as the Countess De Civry, and no other name—she came on the 28th August—she owes me 53l. for board and lodging for her family—there were seven or eight of them—she left on 6th November—she told me that she had property in Spain, and a brother there, and she would pay me when she received money from Spain.—she never did pay me.
Cross-examined. She paid me 40l. on account—she did not dispute my account in any way until I put it into my solicitor's hands, and she put it in her's, and wished me to take off 10l., and my solicitor persuaded me to do so, and I did so.
Re-examined. 53l. is owing, and I received 40l.—I have not got any property belonging to her—they left their boxes in my possession, and I locked them up, and I ought to have kept them, but my solicitor told me I did not dare to detain the things—I kept them until the solicitor paid me 20l., and 20l. he promised me by a bill on account—the whole amount of my account was 93l., and I have received 40l.
HENRY BENJAMIN WRIGHT . I am assistant to Mr. Charles Asprey, of 165, New Bond Street—I saw the prisoner first on 18th August last, she came to my shop and wished to see some dressing cases—she gave her name as the Countess de Bar, and she wrote it in my order book—here is her writing and her address, 109, Marine Parade, Brighton—I also showed her a gentleman's dressing case—she said she wanted that for her Bon who was in the French army, and she would have it sent to Paris, and she was to send me the address—the initials "W. C." were to be engraved on it—she said she would like to show the lady's dressing case to her daughter, and would like it sent down that evening to Brighton, and we expected it back to make a cover and engrave the initials—I did not receive it back, but I received this note two days afterwards—(Read: "Countess de Bar has received the dressing case, of which her daughter approves, the sudden death of the Count's father has obliged the family to leave Brighton, she will send the address to which the other dressing case is to be sent in Paris, and will enclose a cheque for the two, 21st August, 1873")—The value of the dressing case was eleven guineas—her general appearance and style induced me to send it down, although it was against our rule to send anything away, but I thought I might as she was to send it back again—I believed her to be the Countess de Bar—the dressing case was produced at Marlborough Street—(The Court, after consulting the Recorder, was of opinion (hat there was no evidence upon the this count of the indictment).
WALTER HARVEY . I am employed at Messrs. Jay & Co.'s mourning warehouse. Regent Street—I first saw the prisoner on the 24th January, 1873, at 109), Marine Parade, Brighton—I went down to have an interview
in consequence of facts which came to our knowledge—I addressed her as the Countess de Bar, and applied for payment of our account—she was then indebted to us in the sum of 57l. 9s.—I presented the bill in the ordinary course, and she told me it was not convenient to pay at that time—subsequently I had an interview with the Count, and he promised that we should receive a remittance—there was a person there passing as the Count—I pressed for payment of the account, and the question arose as to whether I could obtain the goods back, and they declined—I afterwards went to Paris and saw the Count de Bar—he was not the same person I had seen at Brighton—no money was paid—I did not sell the goods originally—(The Court was of opinion that this evidence was not sufficient to support the other counts and MR. BESLEY stated that he should rely only on the case of Miss Hawker.
THOMAS PICKLES (Detective Officer). On 27th of January this year, I went to 1, York Crescent, Woolwich, and saw the prisoner there—I had to force the door to get into the room—I told her I was a police constable, and had come to apprehend her on a warrant for obtaining a dressing case from Mr. Asprey by false pretences, in the name of the Countess de Bar—she said there were no false pretences, she was the Countess de Bar, as well as the Countess de Civry—she said she had sent a letter to Mr. Asprey, the case had been sent from France, and it must have been lost by the railway—she asked me what she could do in the matter—I told her I could not give her any advice—she said "I shall make Mr. Asprey suffer very severely for this"—I searched the room but found nothing.
MR. WILLIAMS submitted that there was no case for the Jury, that in Miss Hawker's case the name of De Bar was not mentioned, which was the false pretence alleged.
MR. COMMISSIONER KERR was of opinion that the only evidence in support of the indictment was the false pretence that she had taken a house in Queens-borough Place, and wanted some furniture for it, and he left that point to the Jury.
GUILTY .— Judgment Respited.
OLD COURT.—Wednesday, March 4th, 1874.
Before Mr. Recorder.
MR. MILLWOOD conducted the Prosecution; MR. MONTAGU WILLIAMS
defended Musto, and MR. CHARLES MATTHEWS Tiller.
JAMES ROWLEY . I am a builder, of 2, Wood Street, Dorset Square—on the night of 9th February, about 12.10, I was in the Bethnal Green Road with my wife—the prisoners accosted me, Tiller saying that I had robbed his father of 6s.; that I had paid him 18d. instead of 7s. 6d. for cab hire—I said "My dear fellow you are mistaken altogether, you are accusing the wrong party"—he said "Oh no, I am not; you are the one;" and as boon as that was out of Tiller's mouth Musto struck me in the mouth, over Tiller's shoulder—my wife and I crossed the road to get away from them, they followed, and seven or eight of them got round me, and got me into the centre, and Tiller rushed at me and knocked me down—I received a kick on the ancle which caused me to stop from my business two or three days; my thumb was cut or broke)) open, and my clothes were torn—I was quite sober, I have witnesses to prove it; I am quite sure Musto is the man that struck inc.
Cross-examined by MR. M. WILLIAMS. I had had four glasses of ale during the four hours I was out—I had not had any quarrel with a cabman, there were some words between us—I was in a beer-house having a glass of ale, I don't know the name of it; there was a cab outside; the cabman was in the beer-shop; I asked him if he was engaged, and asked him to have a glass of ale; I said I wanted him to take me to Regent's Park: I did not tell him to pay for the ale himself—he did not say to me "If you can't pay for the ale you can't pay me to take you to Regent's Park; you are drunk, and I won't take you"—he never mentioned such words—I did not reply "I can pay you on the nose"—I did not pull off my coat, nor did the land-lady order me out of the house—I did not go out of the house and strike the cabman on the nose and make it bleed; I swear that my wife came away with me, she did not beg me to come away, we walked away quietly together—Musto was taken into custody about twelve or fourteen hours afterwards—I pointed out another man at the station, because they were very much alike—I said I was not certain to him—I afterwards identified Musto.
Cross-examined by MR. C. MATTHEWS. I had been in the Salmon and Ball public-house about 8.30, I then went on to some friends, and afterwards to that beer-house—I don't know whether it is called the Railway Tap.
JANE ROWLEY . I was with my husband on this night about 12 o'clock—we were coming down the Bethnal Green Road for a cab, and the prisoners met us—Tiller accused my husband of robbing his father out of a cab fare, he said it was 7s. 6d., and he had only paid him 18d?.; my husband and I both remarked "It is no such thing, you are accusing the wrong party"—he said "Oh no, you are the one, and if you don't pay him I mean to have it out of you"—Musto then gave my husband a blow in his mouth, over Tiller's shoulder—I said to my husband "Come along, let us get away from them," and we crossed over the road—they followed us, and Tiller came up and knocked my husband down—he called out "Police!" and the police came—I am perfectly sure that Musto is the man that first hit my husband—my husband was perfectly sober, that I can swear to, and there are witnesses to prove it.
Cross-examined by MR. M. WILLIAMS. We had been in a public-house in the Cambridge Heath Road—my husband asked a cabman there to have a glass of ale, we each had one—my husband said to the cabman "I want you to take me to Regent's Park," and the cabman said he would do so—my husband did not say to him while he was drinking the ale "You can pay for it yourself"—my husband paid for it, he paid for all three glasses twice over—the cabman did not say "If you can't pay for the ale you can't pay me for the Regent's Park"—my husband did not say "I can pay you on the nose"—he did not pull off his coat; the landlady did not order him out; ho did not go outside and strike the cabman on the nose (George Smith called in) that is the cabman—there was a female behind the bar, whether she was the landlady or not I could not say (Caroline Shepherd called in)—that lady came in after we had been in, I saw her there; I saw that gentleman there also (William Kirby)—having seen those three witnesses I say on my solemn oath that my husband was not ordered out of the house, and lie did not strike the cabman—Musto was taken into custody next day—at first we picked out the wrong man.
Cross-examined by MR. C. MATTHEWS. At 8.30 we arrived in a cab at the
Salmon and Ball—we then went to a friends house to supper—we did not go into any public-house after we came out of our friends—I don't know where the Railway Tap is—I saw the three persons who were called in at a public-house, I don't know the name of it; that was after we had been to our friends—I should say about eight or nine persons were present at the affray in the Bethnal Green Road.
WILLIAM EDWAKDS . I am a boot maker, of 14, "Wellington Road—on the night of 9th February, about 11.45, I was in the Bethnal Green Road, going home—I saw Tiller, the prosecutor and his wife, and a few more persons standing at the corner having a few words—I stopped to listen, and I saw one strike the prosecutor in the mouth from over Tiller's shoulder, but who it was I could not say—I said to Tiller "Have no row, get home—he said "What do you know about it, he has been riding in my father's cab, and about five more of them, without paying; the fare was 7s. 6d., and he has only given 18d., and I will have it out of him"—I tried to get the prosecutor away; I got him across the road, Tiller followed up and three or four more, and they struck him in the mouth while I had got hold of him, and knocked us both down—I should think there were about six of them—I called out "Police!" and the police came up after it was over.
JOSEPH HYAMS . I am a tailor, "of 5, John Street, Bethnal Green—on this night I was in the Bethnal Green Road, I saw the prisoners stopping the prosecutor and his wife—Tiller said "You are the man that cheated my father out of his fare, instead of paying him 7s. 6d. you paid him 18d.," and the prosecutor said "No, you are making a mistake"—while Tiller was talking to him Musto up with his fist and gave the gentleman a blow over his shoulder—his wife took him across the road, and Tiller said "Lot us get at him before a policeman comes up;" over they went, and the two of them knocked the gentleman down, and Tiller laid on him—he called out "Police!" and I did also—he was quite sober.
Cross-examined by Mr. Williams. I picked Musto out of six or seven at Worship Street; I can't swear to him.
Cross-examined by MR. MATTHEWS. There were a great many persons there—when the prosecutor got to the station he did not know that he had lost his watch and money.
WILLIAM HEWLETT (Policeman K 345) On the night of 9th February I was on duty in Bethnal Green Road—I heard cries of "Police!"—I ran towards the spot, and a girl pointed out Tiller as the man who had knocked a gentleman down and robbed him—I went up to him and said "You must come back, there is something wrong up here"—he said "Not me"—I caught hold of his collar and took him back, and the people said ho was the man who had knocked him down—on the way to the station Tiller said to the prosecutor "Can't we square this?"—the prosecutor was perfectly sober—the prisoners gave their correct address—I subsequently apprehended Musto—he said he was there but he did not do anything.
Cross-examined by MR. M. WILLIAMS. The prosecutor charged them both with highway robbery)—I was not aware that the Grand Jury had ignored the hill.
TILLER GUILTY of a common assault — One Month's Imprisonment.
MUSTO— NOT GUILTY .
MR. DOUGLAS conducted the Prosecution; and MR. CHARLES MATTHEWS the Defence.
WILLIAM PEARCE . I am a tailor, of 70, Mark Lane, City—on Wednesday evening, 25th February, a little after 7 o'clock, I was in my shop, I had just cleared the window; the prisoner came in, he had his coat buttoned up just as he has now—he said "What would you make me a coat like this for?"—I unbuttoned the coat, and looked to see what it was lined with, and said "I will make you a coat like this for 2l. 5s."—he said "What is the price of that in the window?"—I said "If you go outside and look you can see"—he then laid hold of my watch chain and pulled at it—I laid hold of him as well as I could with my left hand—he pushed me and crushed me against the door, and another fellow came and knocked me down in the street; it was a mercy I was not run over—I got up and ran after the prisoner as hard as I could, crying "Stop thief!"—one of my waistcoat hands was outside and she ran as well, and cried "Stop thief!"—I ran over to Tower Hill and saw the prisoner in the hands of the police—I feel the effects of the blow now that he gave me—the other man also struck me and sent me right out into the street—I could not swear to that man; I can to the prisoner—my watch was found on the door-mat.
Cross-examined. There were two or three round me—I could not tell how many struck me then—there was no one near me when the prisoner struck me—that was before I got outside.
MARGARET GREEN . I am the wife of Martin Green, a railway porter, of i, Little Preston Street, Goodman's Fields—I am a waistcoat maker to the prosecutor—on this Wednesday evening, about 7.30, I was in Mark Lane, and saw two men standing two doors on the left towards Hart Street, talking very seriously together—I went towards the Post Office to see the time, and when I was coming back the prisoner was in the shop with Mr. Pearce and another man was by the door—the prisoner was speaking to Mr. Pearce about the coat—I saw them jangling at the door on the mat, and I saw the prisoner raise his hand, and the other man came forward, and Mr. Pearce was pitched out into the street—I saw the prisoner run away—Mr. Pearce cried out "Stop thief!" and I ran after him crying "Stop thief!"Too, down Hart Street—I saw a policeman and spoke to him, and I afterwards saw the prisoner brought back and I identified him.
CHARLES LESTER (City Policeman 750). I was in Hart Street on this evening—in consequence of what Mrs. Green said to me I followed the route the prisoner had gone, and in looking along Cooper's Row I saw the prisoner passing by a public-house—he raised his hat, and was adjusting his hair, and put his hat on again—I asked him whether he came from Mark Lane—he said he had come from Billingsgate, and he would walk with moos we went back—we met Mrs. Green, and she said "That is the man that knocked Mr. Pearce down"—he then ran away, but was tripped up by a witness—on the way to the station we met Mr. Pearce, and he said "That is the man"—at the station the prisoner said "I admit taking the watch but not Striking you."
Cross-examined. He gave a correct address.
He also PLEADED GUILTY to a previous conviction in September, 1864, and several of her convictions were proved against him— Twelve Years' Penal Servitude.
PRIOR and MUNDAY PLEADED GUILTY . No evidence was offered against Farrell.
FARRELL— NOT GUILTY .
PRIOR received a good character— Six Months' Imprisonment.
MUNDAY— Twelve Months' Imprisonment.
NEW COURT.—Wednesday, March 4th, 1874.
Before Mr. Common Serjeant.
MR. MEAD conducted the Prosecution.
HENRY WILSON HAZLEGOROVE . I am a clerk in the Bank of England—I paid two 5l. notes, Nos. 68,973 and 68,974, dated 30th September, 1873, the former was paid in by the London and Westminster Bank, on 11th February, and the latter on the 10th, by Messrs. Glyn & Co.—No. 68,973 is endorsed "C. Cook, 23 (or 25), King Street, Soho," and the other bears a portion of the word Cook, namely, "ook,"The rest has been cut off by the cancelling.
WILLIAM ANDERSON . I am sergeant-major of the 32nd Middlesex Rifle Volunteers—on 19th December, 1873, I received this cheque (produced) from the paymaster of the corps—I presented it at the Bloomsbury Branch of the London and Westminster Bank, and received for it twelve 5l. notes, which I paid to Sergeant-Major Rorke—I did not take their numbers.
ROBERT YORK . I am cashier at the Bloomsbury Branch of the London and Westminster Bank—I produce the cash-book in use on 19th December—I cashed this cheque on that day for Sergeant-Major Anderson, and paid for it twelve 5l. notes, Nos. 68,971 to 68,982, and other money.
JAMES RORKE . I am Sergeant-Major of the Bloomsbury Rifle corps—on 19th December I received twelve bank notes from Mr. Anderson—I have lost the memorandum of the numbers—I paid the first note to Private Pauley, and the next to Captain Steddall for a prize of 16l.—I paid him Nos. 68,972 to 68,974.
HENRY STEDDALL . I am a member of the firm of Steddall & Sons, of Broad Street, Bloomsbury, and a captain in the rifle corps—I received three bank notes from Assistant-Sergeant-Major Rorke, and on 4th February they were in a drawer in my desk—I had sent the first one up to the cashier for change on 31st January, and the other two remained in the drawer of my writing-table, with 6l. or 7l. in other money—I left the office about 6 o'clock on the 4th, and locked up my drawer—Child, the messenger, sleeps in the house, he has been there twenty five years—next, morning I found that all the drawers had been forced with jimmy, and I missed the two bank notes and the money—the whole office was strewed with papers—I found this knife there (produced) which is not mine, and a pair of steps in front of the area, which is covered with a grating, which rises and falls on a hinge, and which had been opened—there was no other evidence of entry.
GEORGE JONES . I am a leather seller, of 36, Dudley Street, Soho—I manage the business of Messrs. Napper & Butler—I have known the prisoner several years as a journeyman shoemaker, he has been in the habit
of dealing with me—on 5th February ho came at 11 o'clock a.m., and wanted change for a 5l. note—I asked him to endorse it, ho said that he could not write, and I endorsed it for him at his dictation; this note, 68,974 is it—he said he had got a pair of boots to make for a young man for his young woman, and he had given him the note to get the stuff to make them—I gave him 4l. 12s. change, and he left 85. for the stuff, and called for it next day.
THOMAS GORDON . I keep the Duke of York, Upper Rathbone Place—the prisoner is a customer of mine—on 5th February he came in with two strange men for a pot of ale—I saw him give my wife a 5l. note; she handed it to me—I gave him the change, and asked him to endorse it—he asked one of his friends to write his name on it as he was not able to write well, or something to that effect, and one of them wrote on it "C. Cook, 23, King Street, Soho."
WILLIAM CHAMBERLAIN (Police Inspector E). On 20th February I went to 3, Queen Street, Soho, and saw the prisoner in his room—I had previously made enquiries at 23, King Street—I told him we were two police officers, and asked him if he had changed a 5l. note at Mr. Butler's on the 5th—he said "No"—I said "I believe you did; I was told so; and that you bought a pair of uppers"—he said "Yes, I did buy a pair of uppers; and I remember now, I did change a 5l. note; a man gave it to me to buy some leather to make a girl a pair of boots"—I said "I think you also changed another 5l. note the same morning, in Good go Street, Tottenham Court Road"—he said that he did not—I said that I had every reason to believe ho had done so, and that the two notes he had changed had been stolen from 5, Broad Street, there having been a burglary there the night before—I said "You will have to come with me," or "You will have to account for them somehow or other"—he said that he remembered ho did cash one at Gordon's public-house the same day, but what occurred after he hardly knew, for he was drunk—I said "Can't you find the man whom you made the boots for?"—he said "No"—I said "I don't mind stopping with you all day if you can point them out to me"—he said "No, I don't know where they live; I cannot say; and if they are stolen I must suffer for it"—I received this knife from Mr. Steddall, at his office, on the morning of the burglary; I showed it to the prisoner, and said "Do you know that knife?"—he said "Yes, I have seen it before"—I said "That was found on the desk that was broken open the same night the notes were stolen"—it is a remarkable knife; it has a pair of scissors in it, and it looks as if it had been cutting leather; you can see the leather on it now—it might have been used to put in the small blade to feel where the lock was—I took him to the station.
Prisoner. Q. Was not I in bed, and did not you awake me and ask me questions before I could recollect myself? Did not I say, "Give me time to recollect myself, if you please?" A. You asked for time, not to recollect yourself, but to go and look for the man.
Prisoners Defence. I met a party who asked me to make a pair of boots, I said that the stuff would come to 12s.; he gave me a 5l. note and said "You can take the 12s. out of that." I took it to Mr. Butler who gave me change, and I took it back to the party. We then went to a public-house and had some drink, and then he bought a new hat, a new great coat, and a pair of boots. He then said "I have no more change, do you know any "He about here who will give you change for another 5l. note?"—he took a
roll of 5l. notes from his jacket, about a dozen, and gave me one and I changed it at Mr. Gordon's. I will call witnesses to prove that I was at home the night of the burglary.
Witnesses for the Defence.
HENRY BOOTHBY . I am a compositor, of 50, New Compton Street, Soho—I have known the prisoner a long time, but am no relation of his—on Wednesday, 4th February, I left off work at 7 o'clock, and went to the prisoner's house, 3, Queen Street, and found him sitting by the fire with his coat and hat on and his boots off—we had a little conversation on the topics of the day, and waited till the clock struck eleven and was going, and he said "Well, Harry, if you are going now, I will toddle into bed"—I left at 11.15, and he was then undoing his trowsers—I saw him again at his house at 8.30 next morning—I very often go there at that time—I am courting his daughter.
HENRIETTA COOK . I am the prisoner's daughter, and live with him—I am the young "lady"That Mr. Booth by is courting—I have come to swear that my father was in bed all night on the 4th February—I know that because I sleep in the same room with him—I did not sleep very sound because I had to get out to my little sister—I went to bed that night at 11.45, and got up at 6.30—I was first asked about this last Thursday at Bow Street—they told me that two detectives had fetched my father out of bed, they did not tell me what for, but I knew that I had to go to the Police Court to swear that my father was in bed at the time of the robbery because they accused him of robbery—they told me what night the robbery happened.
Cross-examined. I do not recognise this knife—I never saw such a thing before—we live at 3, Queen Street, Soho, not at 25, King Street.
GUILTY .— Eighteen Months' Imprisonment.
Before Mr. Common Serjeant.
Before Robert Malcolm Kerr, Esq.
MR. HOLLINGS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
JOHN' WALLIS . I am a miller at Riversdale, Lewisham—the prisoner was my foreman, and had been in my employment about eight months—his duties were to serve goods and do any orders that I might give him when I was absent from home collecting, and during the dinner hour when the clerk was absent it was his duty to serve customers, and if he received money it was his duty to hand it over to the clerk and enter it on the counterfoil of the ticket book—he would give a receipt for all monies he received and enter the amount on the counterfoil—had communicated with the the policeman Elcombe, and on the 6th February the prisoner was there on duty to serve customers at meal times—I find one entry on the counterfoil of the 6th February that refers to a peck of flour, 1s. 4 1/2 d.—
that was paid over to the clerk, and the entry is in this book—that is the only amount I find on that date—the work is so arranged that during the dinner hour the mill does not require to be looked after, plenty of wheat is shot over and during the dinner hour he would have to serve the customers—the scales are close to the counting-house, and the book lies there to enter all receipts in.
Cross-examined. I had a good character with the prisoner, but I have only known him during the eight months he was with me—I gave him into custody to Elcombe—I heard him say that he never robbed me—he also said he must have paid the money over to the clerk, or else had forgotten it and got it in his pocket—the mill was going during the dinner-hour—the prisoner was the only person there then to attend to it—if the wheat shifted, or the stone shifted, it would be his duty to run and see that they were replaced—there was a mistake as to the money when the prisoner kept the book; I found it necessary to keep a clerk—I could not keep the accounts right during the time the prisoner was there—I don't know that I accused one of the men of robbing me of 4s., and it was not afterwards found in an open desk—I deny that circumstance—I have had a clerk about six weeks—I had a conversation with the father of the clerk—I don't remember telling him that the prisoner was a very respectable man, and gave me every satisfaction, but that I wanted a clerk to look after accounts—I told him I had suspicion of him—the clerk is here—some customers would go away without asking for a ticket at all, but it should be entered in the book all the same; my orders are that everything is to be entered, and the ticket given to customers—I can't say that customers have not gone away without a ticket, but I never knew it done—the prisoner told me at one time that he would rather not keep the accounts—he kept 1s. 4d., and I saw the girl go from the mill with half a peck of flour, and he never paid the money over, and on the Monday morning he said "I think I have forgot this; when I got home I found this in my waistcoat pocket"—I found a balance of money over when the prisoner kept the accounts; that is, he had given mo money which he had no right to give me.
Re-examined. I have no entry in the books on 6th February to Thomas James, nor do I find the name of William Adams entered on 3rd February.
THOMAS JAMES . I am a gardener, living at Forest Hill—on Friday, 6th February, I received 5s. 6d. from Sergeant Elcombe—I went to the mill, and saw the prisoner—I asked him for half a hundredweight of barleymcal, and paid him the 5s. 6d.—the money was marked.
Cross-examined. I have assisted the detective before—I went into the mill about 12.10, and I suppose I was there about five minutes altogether—I did not ask for a ticket—I did not know it was my duty to ask for one—I did not see him run upstairs—he did not go out of the mill while I was there; if he went to attend to anything it was after I left—I can't tell what he did with the money I gave him.
WILLIAM ELCOMBE (Policeman P 190.) On Thursday, 5th February, I went to the prosecutor's house with the witness James—I marked a half-crown, a florin, and a shilling—I handed that money to James the next day to go to the mill—I did not see the prisoner at the mill myself—I have since seen the half-crown at the police-station when the prisoner handed it to rue, but not the florin or the shilling—on Saturday night I went to the mill and waited outride until the prisoner came out with Mr. Wallis—Mr. Walls saud "I am very sorry I must give you into custody for robbing me"
—the prisoner said "I don't know that I ever robbed you in my life"—Mr. Wallis said "Yes, some money was paid to you yesterday which you have not handed over to me," and he said "I must have paid it to Ted, or else I have it in my pocket now"—when we got outside he said "I don't rightly understand it now"—I told him I sent in a man for some barley meal and he has paid 5s. 6d. for it—he said "I remember now a man coming for the barley meal, he gave me half-a-sovereign and I gave him the change out of my pocket, and if I have not paid Ted I have got it in my pocket now"—when he got to the station he took a bag out of his pocket and turned out the money into my hand, two sovereigns, a half-sovereign, and 13s. in silver, and amongst the silver was the marked half-crown, which I showed him at the time—he then said "Well, I really don't know what I did receive"—it was the half-crown I had previously marked and given to James.
JOHN WALLIS (re-called). There is a lock and key desk at the mill, but the clerk kept the key—if the prisoner wanted change he would have to give it himself or send for the clerk—he had no one to send unless he went himself—the mill would not take any harm if he went for an hour, for I have left it for three hours or six hours.
WILLIAM ADAMS . I am a market gardener, living at Brookside Cottage, Lee—on Thursday, February 3, between 4 or 5 in the afternoon, I went to Mr. Wallis's mill for a quarter of a cwt of pollards, which was 1s. 6d.—I gave him a two shilling piece and he gave me 6d. change—he did not give me any ticket or any receipt for the money.
Cross-examined. He was up in the mill with a candle when I got there—I ran up, and he served me on the same floor as he was—I did not ask for a ticket—he took the change out of a bag which he took out of his pocket.
EDWARD BLYTH . I am cashier and clerk to the prosecutor—the prisoner did not account to me for any moneys he received on 3rd February—if I had gone away from the mill his duty would be to take the money, give a ticket, and to put his initials on the counterfoil, and when I came back to give me the money, and I would put my initials on as well to show that I received it—I had been there six weeks—the prisoner has been in the habit of filling up the receipts from day to day, and handing over the money to me when I came back—I did not receive a ticket of a payment by William Adams, nor did I receive a ticket from James on the 6th February.
Cross-examined. On the Friday before the Saturday he was taken he changed a half-sovereign with me—I have not found him forgetful about ordinary matters of business—he has never given me money and asked me to write the amount on the list, telling me what it was for—I am quite certain he has never given me money without a ticket—there are three hands employed at the mill, including myself.
The Prisoner received a good character.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY to feloniously inserting and causing to have inserted in a register of marriages a false entry relating to a marriage.
WILLIAM WATERFALL— Six Months' Imprisonment.
MARY JANE WATERFALL— Seven Days' Imprisonment.
Before Mr. Common Serjeant
MR. LANGFORD conducted the Prosecution; and MR. POLAND the Defence.
WILLIAM VENUS . I live at 55, Bird Street, West Square, Lambeth, and am a cellarman—on Saturday afternoon, 14th February, I was in York Road, Lambeth, and saw the prisoner coming out of the Sun public-house, followed by the prosecutor and a black man, who had the prosecutor's coat in his hand, and was irritating him to attack the prisoner, and a man with the prisoner put his left hand up and said "Go away, we don't want any row with you"—that was his uncle—the prosecutor squared up to the prisoner, who stood with a pipe in his mouth and his hands in his pockets—the prisoner then ran away, followed by Harmsworth and the black man, who overtook him at the fourth door from the Sun, and pitched into him, and they had a fight up against the railings, striking each other—a white-whiskered gentleman came up and parted them, and said to Harmsworth "You ought to be ashamed of yourself to use a young man like that"—the prisoner run away again, followed by Harms-worth and the black man—they had a tussle against the railings at the corner of Sutton Street, and I saw blood streaming down Harmsworth's head—some some one then said "He has got a knife"—the prisoner said that he had not—a constable came up in three or four minutes, and a gentleman at the back of the crowd handed him this knife, saying "Here is a knife I have picked up on the pavement—it was shut—the prisoner said that he had no knife.
Cross-examined. I have seen the prisoner's uncle here to-day—the prisoner did everything he could to avoid the attack; it was the most brutal attack I ever saw, otherwise I should not have wasted my time to come here—when he was struck he had his hands in his pockets—his pipe was not knocked out of his mouth, he took it out and put it into his pocket—I am certain no open knife was used, I must have seen it if there had been, and should have been the first to have rushed forward to take it from him—I did not examine it—the black man goes by the name of "Snipe," he has dancing dogs, he is a fighting man—Harms-worth was drunk, but the prisoner was sober—I saw Harmsworth about on the Tuesday night, outside the Strand Theatre at 11.35—I spoke to him at the corner.
Re-examined. I never saw the prosecutor or prisoner before.
WILLIAM WOODLEY . I am a carman of 1, America Square, Southwark—on 14th February, about 4 o'clock, I was in the York Road, and saw the prisoner and Harmsworth hustling together, hugging one another—my horse went on, and I had to turn him back again, and then Harmsworth said "I am stabbed"—he sat down, and I held him while a woman washed his head—I put him in a cab and took him to the hospital.
Cross-examined. I saw a knife in the prisoner's hand—it was then shut.
AURELIUS VICTOR MAYBURY . I am house-surgeon at St. Thomas's Hospital—the prosecutor was brought there, and I found five wounds on his head and one on his left ear—the three posterior wounds were incised, and
might be inflicted with a knife of this sort—here is a curly human hair like the prosecutor's sticking in the clasp of the knife.
Cross-examined. The wounds were very trivial, but a wound on the head may produce erysipelas if a man is out of health—the three posterior wounds were superficial, but the two anterior ones were more like stabs—the closed knife scraped along the head would not cause the marks I saw, because the wounds would then be parallel to one another, and separated—you might be able to make a scratch with the outside of the knife, but the anterior wounds were deeper, and could not be done so—there was no blood on the knife when I saw it at the station, but wounds of this nature might be produced without there being any blood on the blade; if the knife is drawn sharply through the integuments the blood does not always remain on it, but when the knife remains in it does—after I had dressed the wounds he walked away, and was taken home by the constable—he was drunk—he came again as an out-patient.
GEORGE HARMSWORTH . I live at 2, Convoy Street, Wandsworth Road—on 14th February, near 4 o'clock, I went to the Sun, and found the prisoner there—the black man came in after me, and was performing with a doll—I made a collection for him, and asked the prisoner for something for the performance—he said that he had not got more than 3d. in his pocket—he was coming out at the door, and I asked him again—he gave me a shove; we went outside, and he began fighting—he got my head under his arm, and stabbed me on my head several times—I saw the knife, and put my hand up to protect my head, and got one small stab in my hand—I saw him go away with the knife—my waistcoat and shirt were saturated with blood—I have them here—some men held the prisoner till a constable came—I had never seen the black man before.
Cross-examined. I took off my coat—we were fighting—my hat, I believe, fell off in the struggle—I did not take it off and hand it to the black man to hold for me—I went after the prisoner a few yards—we both struck each other—I do not think he had taken off his coat—I was not drunk; I had had a little liquor; but the more disgrace to him if I was drunk if he stabbed me—I struck the prisoner for pushing me—I had never seen the black man before—I heard last night that he is in custody—after having my head dressed, I called in again at the public-house to see if I could get some witnesses—I said nothing before the Magistrate about my hand; I never thought of it—the prisoner tried to run away from mo after he had stabbed me—I did not follow him; I was taken in a cab to the hospital—I was not turned out of the Rising Sun after the prisoner had been locked up; they told me they would not serve me with any beer, and I walked out without it—the black man was not with me—I am not aware that I insulted two gentlemen before I got into the altercation with the prisoner, or that I tried to take a child out of a woman's arms.
EDWARD WAKELING (Policeman L 249). I was sent for to York Road, and found three men detaining the prisoner—they gave him into my custody—I searched him—he put his hands in his pockets, and this knife was picked up close by his side immediately—he may have taken it out and dropped it—it was given to me by a gentleman, who said that he picked it up—the prisoner said that he had had a row.
Cross-examined. The knife was shut—the prosecutor was foolish—the prisoner was sober.
A. V. MAYBURY (re-examined). I did not had very much blood, but a
very little blood makes a great show to these people—one wound was three quarters of an inch long.
The Prisoner's Statement before the Magistrate: "I was in a public-house, a black man came up to me and asked me for some money, and I told him "No." He said something to the prosecutor. I was going out, the prosecutor came up and said "I want to speak to you, you are not going like that." My uncle said "Come away." I was going away, this man pulls off his coat and comes up and hit me. I wanted to get away and went some distance. He followed and got bold of me and I got up against the railings with him. We had a bit of a struggle there. He tried to throw me down. I got hold of the railings to save myself. His head was not even under my arm. I saw his head bleeding, I thought it was against the railings it was done; I did not stab him. I reserve my witnesses."
The Jury stated that they did not wish to hear the prisoner's witnesses.
NOT GUILTY .
225. DANIEL SCANNELL (18), and EDWARD BUCKLEY (17) , Burglariously breaking and entering the dwelling house of Charles Norman, and stealing therein 6 watches, 8 brooches, 58 rings, and other articles, his property.
MR. DOUGLAS conducted the Prosecution.
CHARLES NORMAN . I am a jeweller, of 5, Balham Terrace—on Saturday night, 24th January, I went to bed at 11.30, leaving the windows and doors fastened—I was disturbed by a noise about 3.30, went down into the parlour behind the shop and found the window open sufficiently to allow a man to get in; a pane of glass had been taken out and the window fastening undone—the door communicating with the shop was open—I missed from the shop six watches, between two and three dozen rings, a dozen sets of studs, and other articles—I have never received any of them, but I have since seen one stud—a policeman who had alarmed us was waiting outside—I have never seen the prisoners before—I found these things (a crowbar and a stick) left in the shop.
JOHN HALPIN (Policeman W 272). On Sunday morning, 25th January, about 1.30, I was in Crescent Lane, Clapham, and heard footsteps quickly behind me; I turned round and saw the two prisoners—I had known Scannell previously—I detained them just while I searched them, they had nothing—they went on towards the prosecutors house—at about 2.45 I was in Balham Road with Sergeant Le Co cq, and heard a noise at the rear of Mr. Norman's house—it was not very dark—when we got to the rear we saw three persons getting up on to the wall as if coming away from the house—they were about three yards from me—I turned my bull's eye on and saw the two prisoners and Woodward, who has been arrested and taken before the Magistrate and committed for trial next Session—I said "You scoundrels, is this where you are now?"—they ran on the wall and I followed and gave a description of them to an officer who arrested them.
JOHN LE COCQ (Policeman W 5). I was with Halpin, but only saw the men at a distance of 50 yards, and cannot recognise them—I took Scannell from Halpin's description about 12 o'clock on the Sunday night—I knew him previously by seeing him at Clapham—I said "You are charged with
breaking into the jeweller's shop close by"—he made no answer then, but when we got some distance he said "It is not me, it is Taylor and Woodruff, for I heard them say they were going to do it"—I took him to the station.
GEORGE FRANKLYN' (Detective Sergeant W). I was with the last witness and took Buckley—I told him he was charged with breaking into a jeweller's shop in Balham Road—he said "Which one?"—I said "The one where you were looking round the corner just now and saw me"—I was at the rear of the house and saw them both peeping round the corner—I took him to the back of the house into a garden, took his boots off, and compared them with some impressions on the soil—the right foot corresponded, but the soil was soft, and I could not compare the left—there were the footmarks of three persons—T made an impression by the side of one with this boot, and was so satisfied that I afterwards placed the boot in it—I took him to the station, placed him with twenty-one or twenty-two other men who I selected as being dressed as nearly like the prisoner as possible—I then called in Halpin, and he picked out the prisoner.
Buckley. Directly you took me you asked me what I had done with the stuff. Witness. I did not—I took some hay off your shoes, and said "I suppose you have been on the common 1"—you said "No"—this piece of leather on the boot made a jagged impression.
Scannell's Defence. The sergeant said that if I told him where the stuff was he would give me 2l., and would get 5l. from the master for me. I told him I knew nothing at all about it, and I mentioned two persons names who I was almost sure had done it, because I heard them say they were going to do it, and I saw them outside the shop at 1.30 on Sunday morning, and Buckley saw them as well. If the constable saw us close enough to recognise us, he was near enough to catch us.
Buckley's Defence. We are innocent.
SCANNELL— GUILTY — Twelve Months' Imprisonment.
BUCKLEY— GUILTY —He was further charged with a previous conviction at Wandsworth, in 1871, to which he
PLEADED GUILTY.*— Eighteen Months' Imprisonment.
227. GEORGE RUTHERFORD (54) , to unlawfully obtaining one dining table, and other articles, from Samuel Rose by false pretences, after a previous conviction for a like offence at Stafford.— Seven Years' Penal Servitude. There were other indictments against the prisoner. [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
MR. BESLEY for the Prosecution offered no evidence.
NOT GUILTY .
230. THOMAS JENKINS (54) , to entering the dwelling-house of George Humphreys, and stealing certain goods, having been before convicted of felony.**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
ADJOURNED TO TUESDAY, 7TH APRIL, 1874.