CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 4TH, 1874.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
SESSIONS VII. TO XII.
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, May 4th, 1874, and following days,
BEFORE THE RIGHT HON. ANDREW LUSK, M.P., LORD MAYOR of the City of London; Sir ANTHONY CLEASBY , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir CHARLES POLLOCK , Knt., one other of the Barons of Her Majesty's Court of Exchequer; Sir WILLIAM ANDERSON ROSE , Knt., WILLIAM FERNELEY ALLEN, Esq., Sir SILLS JOHN GIBBON'S, Bart., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Esq., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriff's 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. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in (Ice indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May, 4th, 1874.
Before, Mr. Recorder.
MR. BUCK conducted the Prosecution.
GEORGE WILLIAM RACKET . I am a clerk in the service of Silas William Baggs and others, accountants at 28, King Street, City—on the evening of 27th February, about 7.30, I went down in the basement and saw two piles of books ready for removing—I went up and told Mr. Baggs what I had seen—he told me to go down and lock them up again—I went down and the books were gone—I went to the street door and I saw a barrow in the middle of the road, about 50 yards from the house—I saw three men and the prisoner by the barrow—I could not distinguish the books then, as there was a covering over the barrow, but I saw them afterwards and they were the same books that I had seen in the basement—I went in and told one of the partners, and I followed the barrow in consequence of what he said—when I got into Lawrence Lane with a constable, I saw the barrow tipped over and the woman and one man wore trying to set it right again—one of the partners came and gave them into custody—I heard her say at the police station that the man was her husband and he denied it—the lock of the door where the books were, I found was loose, and there were marks on the door as if there had been something put in to force the lock—it had to be mended.
SAMUEL LYTHELL (City Detective). On the day after the second examination before the Magistrate, the 4th or 5th March, I saw the prisoner in the cells at the Court, and she made a statement to me—she said "This man" alluding to the prisoner Young, who was then in custody, "is my husband; we came out from Holborn about 6.30 last night, and we came down into Cheapside, and went through several streets, the other man wheeled a barrow the whole of the time; then we came into King Street or some street leading out of Cheapside, I don't know the name, and I went into a public-house and my husband and the other man went away with the barrow, I waited in the public-house some time, presently they came back and came back into the public-house and had some beer, I went outside
and saw a truck standing there with some books on it; my husband walked away, and the man pulled the track, when we turned into a little street the truck broke down, while I was standing there a policeman came and locked us up"—Young was acquitted last sessions—the woman had a child in her arms at the time.
GEORGE WILLIAM HAGGER . I am junior clerk in the service of Silas William Baggs and Co.—on the 27th February, I went out to the door and saw a barrow about 50 yards up King Street with some books upon it—I ran up and looked—it was standing still when I saw it first—a woman with a child was standing on the pavement.
SAMUEL PEARCE (City Policeman 574). I was in Cheapside about 7.45 on the 27th February—I was called to King Street by the first witness—I saw a barrow in Lawrence Lane tipped up—I saw a man at the back of the truck and the woman was assisting him in lifting it up—I said to the woman "I shall take you into custody for stealing those books"—the first witness said the books belonged to his employer and I sent for Mr. Baggs and he came and charged them—at the station the woman said that George Young the prisoner who was tried last session was her husband—he said he was not she then said she had nothing to do with it whatever.
NOT GUILTY .
MR. SERJEANT SLEIGH for the Prosecution, stated that he had no evidence to offer.
NOT GUILTY .
MR. CRAWFORD conducted the Prosecution.
SUSANNAH JEMIMA NATHAN . I assist my uncle, Mr. Gibbs, a cheesemonger of Britannia Terrace, Kensal New Town—on 23rd April, about 6 o'clock in the evening, the prisoner came in for two penny eggs, he gave me a half-crown—I put it with the other silver, but there was no other half-crown—I gave him 2s. 4d. change, and he went away—about ten minutes afterwards he came in again for 2oz. of butter, and offered me a half-crown in payment—I saw it was bad and gave it to my uncle—I took the other half-crown from the till and found that was also bad—he was given into custody.
THOMAS GIBBS . My niece gave me the two half-crowns—I asked the prisoner where he lived, he said over the Carlton Bridge—I asked where he worked, he said at the gas works, that he was a foreman there, and that he got the half-crowns in change for a half sovereign.
GEORGE HENRY BLAKE (Policeman X 36). I received the prisoner in custody with these two half-crowns—he said he had only passed one, that he had never had any eggs, and had never been in the shop before.
GUILTY . He also PLEADED GUILTY> to a previous conviction in March, 1872.— Eighteen Mouths' Imprisonment.
MR. STRAIGHT conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
NOT GUILTY .
333. HENRY ROOSTAN (17), PLEADED GUILTY to feloniously forging and uttering an endorsement to a cheque for 3l. 13s., with intent to defraud; also to stealing the said cheque— Twelve Months' Imprisonment.
334. GEORGE HENRY FOWLER (19) , to feloniously breaking and entering the dwelling-house of Thomas Lamborn, and stealing therein a quantity of jewellery and other articles— Judgement Respited [Pleaded guilty: See original trial image.]. And
335. ARTHUR GREAVES (21) , to stealing a ring and other goods, of Samuel Smith and another; also a pair of race glasses, of Tyson Crawford— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
ISAAC GILBERT (City Detective). On 29th April I was in the Poultry, and saw the prisoner there, standing against a hoarding, leaning on his crutch, as a lady passed him I saw him look down at her dress pocket and then follow her—I saw him put his hand between the folds of her dress—I spoke to her, and in consequence of what she said I watched the prisoner—he repeated it on several occasions, following ladies to and fro in the crowd—on one occasion he turned round and looked at me and said, "We are as thick as thieves here"—I saw an old gentlemen standing with a little girl in front of the Mansion House, pointing out the illuminations to her—it was the night of the Lord Mayor's ball—I saw the prisoner put his hand into the little girl's dress pocket, and then immediately put it into his own right hand trousers pocket—I spoke to the little girl, and called to Kenniston, the officer, he seized the prisoner with one hand and I the other, and pulled from his pocket this bunch of keys, a ring, brooch, and 2s. 5 1/4 d., and three duplicates—ho seized hold of the tail of my coat and said, "How dare you put your hand in my pocket, I will have you locked up"—I said "If you wait a minute I think I shall have you locked up":—I spoke to the little girl, and showed her the things.
Prisoner. Q. Do you know the nature of an oath? A. To speak the truth—I have done so—I did not say that I had been looking after you a long while—I did not hear you say "Has anybody lost any keys?" or any one tell you to put them in your pocket, and you would find the owner in the morning.
JAMES KENNISTON (City Policeman 334). I was with Gilbert and saw the prisoner follow a lady—I ultimately saw him put his right hand into the little girl's pocket and draw it out and put it into his own trousers pocket—we seized him and found these things.
KATE BROWN HINDE . I live with my parents in Yorkshire—I am at present residing with my aunt in Westmoreland Street, Marylebone—on this night I was outside the Mansion House—I had in my pocket a ring, a brooch, two keys and a farthing—these produced are mine—they were loose in my pocket.
Prisoner. Q. Did you not say at the station that you could not swear to the farthing A. Yes, I did not see you near me.
GUILTY **— Ten Years'' Penal Servitude. He had been twice sentenced to penal servitude, and once to fourteen years' transportation.
NEW COURT, Monday, May 4th, 1874.
Before Mr. Common Serjeant.
339. WILLIAM BURGESS (24) , to feloniously forging and uttering a request for the delivery of one butt and one hogshead, with intent to defraud— Judgment Respited [Pleaded guilty: See original trial image.]. And
MR. POLAND conducted the Prosecution.
GUILTY — Four months' Imprisonment.
VICTOR MATTHEW LAFITTAU . I am a wine merchant, at 97, Jermyn Street—on the 27th March, I was at the Alhambra Theatre, and after the performance I came out by the back way into Castle Street—while I was walking down Castle Street, the prisoner Prescott ran up to me, put right hand round my neck, and with the left she took my scarf pin—I got hold of her by the shawl and said "You have taken my pin"—she said she had not—I said "Give me my pin back, and I will let you go"—she said "I will, if you will let me go"—I then found that my watch chain was hanging down—I said "You have taken my watch," and a man came behind me and said "You let that woman alone"—I caught hold of him and held them both—he saw the chain hanging and ho got hold of it with both his hands and pulled it till he got it away, then he began to kick mo to try and get away, and the woman struck me in the face several times—we all three fell on the pavement—I held them till the police came and I gave them in charge—I looked round for my umbrella and my hat, I could not find them and I followed to the station and I saw the man escape—at the station, the woman Prescott said "I know where the pin and the watch are"—I said "I have no doubt you do"—the chain was afterwards brought to the station and also my hat—my watch and chain, and pin were worth about 100l.—I am quite sure the woman was the person, but I am not so sure of the man—to the best of my belief, Fitzpatrick is the man.
Cross-examined by Fitzpatrick. There were a good many people round when I was robbed—I don't swear to you, but I believe you are the man—I was kicked by you if you are the man who was there.
WALTER JONATHAN TURNER . At the time of this robbery I was 36 C in the police—on the 27th of March, in consequence of information, I went to Bear Street about 12 o'clock at night—I saw the prosecutor struggling with the two prisoners—he said the man had stolen his watch, and the woman had stolen his pin—I took them both into custody—the woman threw herself down and began kicking and she was very violent—two soldiers came up and rescued the man—another constable came up and with his assistance I took the woman to the station—she said there she; knew who had the watch—I went to the House of Detention on 1st of May, and saw Fitzpatrick there, and identified him as the man who was given into custody on the 27th I will swear he is the the man.
evening of 27th March, I was in Bear Street, standing with my baked potatoes machine—I saw the prosecutor as he was leaving the stage door from the Alhambra pass up Castle Street into Bear Street—the female prisoner got hold of him by the neck—he pushed her away and she came to him again—she put her arm round his neck and took his pin—he caught hold of her and said "Give me back my pin"—she said "Go on, you good-for-nothing fellow, don't talk to me like that"—he said "You have taken my pin, give it me and I will lot you go"—he got her by the throat up against the shutters, and she said "If you will let me go I will give you your pin"—he said "No, you give me my pin and then I will let you go"—immediately after, the male prisoner rushed round the corner and got hold of the prosecutor and tried to rescue the woman—he said "Don't knock the woman about, let her go"—the prosecutor caught hold of him—two soldiers came along belonging to the Scotch Fusiliers, and somehow the man got away—I saw the male prisoner strike the prosecutor—I saw them fall, and the prosecutor gut up and said "I have lost my watch and chain"—the woman struck him two or three times very violently in the face—I picked up the chain afterwards and sent it to the police station by a publican as I could not leave my oven—I went to the police station afterwards to identify the male prisoner—I was shown several persons, and I picked out the wrong man first—there were eighteen or twenty, and I picked out another man, but when he came into the Police Court—I knew him better by his curly hair at the back—I recognised him then as the man—this is the chain I picked up.
JOHN KELLEY . I live at 60, Carlisle Street, Westminster Bridge Road—on the night of the 27th March I was in Castle Street, coming from the Alhambra—I saw the prosecutor come from the stage door—I saw him pass up Castle Street, and he was molested by the female prisoner—I was waiting at the stage door for my wife—I heard the gentleman say "Give me my pin"—she said "I have not got your pin"—there was a struggle took place and a large crowd collected—she was very violent and kicked—I saw the male prisoner catch hold of the gentleman round the waist, but previous to that he said he had lost his watch—I got hold of the prisoner by the wrist—the gentleman was overpowered by the kicking that he had—the policeman came up—two soldiers came up then and the policeman was overpowered by them, we had a struggle for about three or four minutes, and the male prisoner got away—I had an opportunity of seeing him well, and I picked him out of seventeen others in the yards at the Marlborough Street Police Court.
Cross-examined by Fitzpatrick. I did not see any of the property in your hand—there was a mob of people there.
Prescott's Defence. I met the gentleman and asked him to come and give me something to drink, which he would not, and he accused me of robbing him of his pin—I never saw it, and I did not know whether he had got one or not—I saw a man come and take his watch from him—I should' know the man again, but this is not the man, we fell together, there was such a crowd, and one pulled one way and one another, and asked him to let me go, and I said I would see if I could get the watch back—I should know the man if I was to see him.
Fitzpatrick stated that he endeavoured to rescue her from the brutal ill-treatment of a mob of foreigners, but that he was innocent of the robbery.
PRESCOTT— GUILTY .
She also PLEADED GUILTY to having been before convicted in August, 1872**— Seven Years' Penal Servitude.
FITZPATRICK NOT GUILTY .
OLD COURT.—Tuesday, May 5th, 1874.
Before Mr. Recorder.
MR. POLAND and MR. LAWRENCE conducted the Prosecution; and MR. STRAIGHT the Defence.
ISABELLA HENDERSON . I am a saleswoman at Mr. Whiteley's, of Westbourne Grove—on 18th February the prisoner came there and asked to be shown some mantles—I showed her some, and she bought a brown home spun tweed polonaise, price two guineas—she gave me to understand that she had bought a bonnet upstairs, she said she had spent all her ready money and would I change a cheque for her—she had the cheque in her hand, all ready written out—this is it (produced)—I asked her to endorse it—she said she had already written her name there—I asked her to write the address, and was going to get a pen for her, but she took my pencil and wrote "Mitcham," telling me at the same time that she lived at Mitcham, Surrey—I went to the cashier with the cheque—it we receive a cheque from a person who is not a regular customer or not known to us, we always refer to the Directory to see if the name is there—we did refer to the Directory for the name of Low, of Mitcham—I found the name of Low, and the cashier gave me the change, 7l. 18s., and I gave it to the prisoner—she gave me the name of Low, Mitcham, Surrey, I thought that was not sufficient—she said "Oh, my husband is very well known in Mitcham"—she put on the polonaise and left a black mantle with me—on Friday, 26th March, I went with Dowdell, the constable, to Hanover Square, Kennington Park Road, I there saw the prisoner sitting at the window, with a baby, we went in and a gentleman, who was in the room introduced her as Mrs. Tanner—Dowdell produced the cheque and asked her if she had ever seen that cheque before—she said no, she did not know anything at all about it—he asked her if she had ever seen me before—she said "No"—I said that was a mistake, for I-knew her very well, not only by her face, but she had on the same dress and belt that she had when she came to me—I told her so, she said "Oh, it is a mistake"—Dowdell gave her the cheque again and told her to look at it well—she then said to Mr. Tanner "It is one of Mr. Bradbury's cheques"—Mr. Tanner said yes, he believed it was one of his, that he had got him into a great deal of trouble—Dowdell said that she had passed a cheque before at Mr. Marsh's she said yes, she had done so, one of the same, but not signed Simcox, but Bradbury—Dowdell produced the warrant and read it to her—Mr. Tanner said she must go, and asked if she could not wait till the following morning—she asked to go into another room—Dowdell said she could not—she said she must go with her baby and I must go with her—I did so—she asked me if Mr. Whiteley would not take the 10l. that Mr. Tanner would rather pay it than she should go to prison.
Cross-examined. The name of Low was endorsed on the cheque at the time she handed it to me—she pointed it out to me and said "My name is already written"—I did not form any opinion as to whether it was written by a man or a woman—when I went into the room at Hanover Square, Mr. Tanner was sitting in the room with the prisoner there was no one
else in the room—Mr. Tanner said he would rather pay the money than she should go, but he did not offer it.
JOHN DOWDELL (Policeman). I took the prisoner into custody on 27th March—Miss Henderson was present—there was a man in the room who I knew by the name of Tanner—I addressed him as Mr. Tanner—he said "Yes"—and he said "Mrs. Tanner"—I was very politely offered a seat—Mrs. Henderson had given me signs that she identified the prisoner—I produced the cheque to the prisoner—I knew her by the name of Miss Hill—I asked her if she had ever seen that cheque—she said "No"—I asked her if she knew Miss Henderson—she said "No"—I then produced the warrant and told her that I should take her into custody for uttering a forged cheque for 10l. at Mr. Whiteley's in Westbourne (Grove on 18th February—she said "I know nothing about it"—some conversation then took place, and she asked to go into the next room—I allowed her to do so with Miss Henderson—when the cheque was produced she said it was one of Mr. Bradbury's cheques—Tanner looked at it and said it was so—he also said that Bradbury had been the cause of getting them into a great deal of trouble—I took the prisoner to the station—she there gave the name of Amelia Hill—the charge was read over to her—she said that she had uttered the cheque at Mr. Whiteley's, but she had received it from Mr. Bradbury, and she thought it was quite right.
Cross-examined. I have made inquiry of Mr. Bradbury—he is not here.
Cross-examined. This cheque is on one of our forms, it was issued to a Mr. Bradbury—I can't say on what date—he had an account there and has still, a very small one, the balance is only a few shillings.
Re-examined. I know Bradbury's writing, this is not his.
FREDERICK LOW . I live at Mitcham, Surrey, and have done so for three years—I do not know a Mr. J. A. Low—I do not know the prisoner, I saw her for the first time at the Marylebone Police Court—she is no connection of my family—Mr. Joseph Low who is present is the only other person of the name that I know of at Mitcham.
ALFRED JOSEPH LOW . I live at Mitcham, Surrey, and have done so about four years—I do not know of any other family of that name, except the last witness—I know nothing of the prisoner—she is not a member of our family—I have never seen her before.
SUGAN SMITH . I live at the Laurels, Cheshunt—on 18th February, the prisoner was living at my house, a man named Tanner was there occasionally—he was not there on 18th February—the prisoner left home that morning and returned the same day—when she left she had on a dark blue dress and a black mantle, when she returned she had on a new brown tweed polonaise.
Cross-examined. She came to me on the 22nd January—Mr. Tanner took the rooms, and he stayed there with her, on and off, while she was there—I did not see any one there named Bradbury—I could not say exactly how shortly before the 18th February Tanner had been there, a week or ten days perhaps, or more—I don't think she had a letter that morning—we have no post at night.
Square—I knew the prisoner some years ago as Amelia Hill—I knew her mother, Mrs. Hill.
MR. STRAIGHT here stated (that it was hopeless to contest the facts, but requested that judgment might be postponed, the prisoner undertaking to give information with respect to Tanner.
GUILTY .— Judgment Respited.
MR. ST. AUBYN conducted the Prosecution.
GEORGE TILLEY . I am a contractor, living at Paddington—on 11th April, I was at a house in Goswell Street with my foreman—the prisoner came up to me, punched me in the stomach and took my watch and chain, and tried to get away—I and my foreman laid hold of him and kept him till a policeman came up—there were two more besides the prisoner outside the door, but they did not come inside.
JOHN CROLEY . I am foreman to the prosecutor—I was with him between 6 and 7 o'clock on this evening—he came to pay his men, after which we walked into a public-house to have a glass of ale—the prisoner and another came partly in the doorway, the prisoner deliberately walked up to Mr. Tilley, thumped him in the belly and took his watch and guard—I up with my fist and knocked him down and kept him till the policeman came up.
He also PLEADED GUILTY to a previous conviction in July, 1867**— Ten Years Penal Servitude.
MR. SMITH conducted the Prosecution; and MR. SIMS the Defence.
FREDERICK KEEN . I am a waiter, at 16, Edward Street, Stepney—on Sunday night, 26th April, about 11.15 I had occasion to leave my son at the corner and go to a urinal—as I came out the prisoner pushed against me and I found that my watch and chain was gone—I pursued him about 100 yards and caught him at the top of George Street—I said "Where is my watch and chain"—he said "Here it is," and handed it to me—at that moment a policeman came up and took him into custody.
Cross-examined. I had been to see a friend and had taken a little refreshment—I had not taken more than to know what I was about—I did not see any persons playing about—the prisoner gave up the watch immediately—he did not attempt to get away afterwards—the constable was close upon him.
ROBERT EASTBORN (City Policeman 664). I was on duty in Lombard Street—I heard a cry of "Police!" ran across and found the prosecutor holding the prisoner—he said "Here is your watch and chain, take it"—I took him to the station, he made no answer to the charge.
The prisoner received an excellent character, and his father engaged to employ him at once.— Two Days' Imprisonment.
MR. R. N. PHILIPS conducted the Prosecution; and MR. GRIFFITHS the Defence.
WALTER GEORGE RUMMAGE . I live at 5. George Terrace, Peckham—on 22nd April, I was on Tower Hill, about 3.30 in the day—I had a watch in my pocket, with a guard attached—I had just looked at it—I saw the prisoner near me—I missed my watch directly—he went across the road, I followed him—he asked somebody the way to London Bridge, and went into a public-house—I followed him and caught him by the arm, he threw me in a corner and ran out—I called "Stop thief!" and saw him stopped by the policeman.
Cross-examined. There was a crowd—I was just outside the crowd, and prisoner came on my left side and walked with mo towards the crowd—I did not lose sight of him at all, from first to last, only just for half a minute as he turned the corner.
NOT GUILTY .
348. HENRY MASON (34) , to a burglary in the dwelling-house of Maria Halse, and stealing a watch and other articles, after a previous conviction in July, 1868**— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]And
NEW COURT.—Tuesday, May 5th, 1874.
Before Mr. Common Serjeant.
MR. GRIFFITHS conducted the Prosecution.
After the commencement of the, case, MR. MONTAGU WILLIAMS for the prisoner, stated that he could not contend against the evidence, and therefore had advised the prisoner to
GUILTY . The prisoner was also charged with having been before convicted at this Court, in August, 1870, in the name of Thomas Latham, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude, and Twenty-five strokes with the Cat.
THIRD COURT.—Tuesday, May 5th, 1874.
Before Robert Malcolm Kerr, Esq.
351. SAMUEL BRETT (17), and ALFRED CHAPPELL (18), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Sarah Dixon, and stealing 30l., her money— Two Years' Imprisonment each. And.
352. EDWARD JAMES BARBER McVICAR (26) , to feloniously forging and uttering two orders for the payment of 400l., and 450l., with intent to defraud. [Pleaded guilty: See original trial image.](See next case).
McVICAR PLEADED GUILTY.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
ROBERT CROSS . I am a Commissionaire—on the 3rd of March I was at the Burlington Restaurant, in Regent Street—I saw the female prisoner there about noon—she was in the shop—there was no one with her—she asked me to take a note to 10, Charles Street, and to ask for Mr. Lawrie, and wait for an answer—she gave me the note, and I went to Mr. Lawrie's, 10, Charles Street—I saw Mr. Ainsworth there, and he opened the note and took out a paper—he put some bank notes in an envelope and gave it to me, and I took them back—when I got back the female prisoner was gone, but she came back in about half-an-hour and I delivered to her what I had received from the bank—she gave me a shilling and went away.
Cross-examined. When the note was given to me it was folded up and I did not know what was inside—I did not notice who was outside the Burlington when I came out.
LAWRENCE AINSWORTH . I am a cashier in the office of Mr. Andrew Lawrie, Army Agent, at 10, Charles Street—on 3rd March, the witness Cross brought me a note—this was the envelope, and this was the enclosure Read: ''Please give bearer notes for the enclosed. J. Talbot."—this cheque was enclosed, "London, 27th February, 1874." "Please pay Mrs. J. Talbot or order 45l. A. Lawrie, Esq., 10, Charles Street, St. James's" (Signed). "Col. Eveleigh"—we had a customer of that name—he was a Colonel in the Army Service Corps, and had an account with Mr. Lawrie for many years—I opened the envelope in Mr. Lawrie's absence and found the enclosure, and after consideration I determined to pay it—an envelope was enclosed, addressed to Mrs. J. Talbot, and I enclosed the bank notes in that and gave it to the Commissionaire—I put in two 10l. notes and live fives—I was acquainted with Colonel Eveleigh's handwriting, and this is a very good imitation, I think.
Cross-examined, The male prisoner had been a clerk in Mr. Lawrie's employment sometime ago.
WILLIAM HERBERT STONE . I am a hall porter, at the Pall Mall Restaurant; 14, Regent Street—on the 24th March, just before midday the female prisoner came into the Restaurant to the ground floor—she was alone—she asked for a glass of wine, I told the waiter to give it her and she sat down—she asked me if I could go a message—I told her I could t was not a long distance—she gave me an envelope without an address, and told me to take it to Mr. Lawrie's, 10, Charles Street, St. James's, and wait for an answer—I went with it, and gave it to Mr. Ainsworth—I remained there half-an-hour—Mr. Ainsworth asked me who sent it, and I told him—I saw Little child, the detective sergeant, and we went back to the Restaurant—the female prisoner was then in the passage—there was no one with her then.
LAWRENCE AINSWORTH (re-called.) On the 24th March, three weeks after I had given notes for the other cheque, Stone brought this envelope to me, and I found this cheque inside—I determined to communicate with Colonel Eveleigh before paying it, and I seat a messenger to him—I detained Stone and sent for a sergeant and he went to the Pall Mall Restaurant—one of the 10l. notes which I gave for the 45l. cheque was numbered "09,819, 8th November, 1873."
about noon, I was called to Mr. Lawrie's place of business, at 10, Charles Street—I found Stone waiting there, and from what he said I gave him this envelope, let him go, and followed him—he went to the Pall Mall Restaurant—I waited for a short time, and the female prisoner came in, and Stone walked to her and gave her the envelope—I went to her and showing her the cheque, I asked her if she had sent it down to Mr. Lawrie's—she said "Yes"—I asked her where she got it from—she said that Colonel Eveleigh gave it to her—I said "Why it is not a man's handwriting"—she said "No, I wrote the body of the cheque and Colonel Eveleigh signed it"—I asked her where he signed it and she said "At Victoria Street"—that being the address of Colonel Eveleigh—I took her there—she had described Colonel Eveleigh as a tall man with black whiskers and moustache—I took her to 109, Victoria Street, and when she saw Colonel Eveleigh she said as not the gentleman who gave her the cheque—I asked her about the cheque for 45l., and said it appeared to be in the same handwriting—she said "Oh, I had that money, and cashed the notes at the Bank of England "—she said she had been to Paris with a friend, and had spent the money—she gave me an address at 101, Camberwell Road—she told me she met a gentleman who said he was Colonel Eveleigh at Piccadilly Circus, and he took her to 109, Victoria Street, and she pointed out the room where he had taken her and signed the cheque—the room she pointed out was opposite Colonel Eveleigh's office—she did not say how long she remained with him—when the charge was taken, she said she was a single woman.
HENRY WILSON HAZLEGROVE . I am a clerk in the Bank of England—I produce a 10l. note No. 09,819, 8th November, 1873—on the front is written "Clara Hatfield, 101, Camberwell Road—I produce the other notes making up the 45l.—they were all cashed at the same time.
Cross-examined. They were living as husband and wife.
Cross-examined. I said "I shall charge you with being concerned with a woman named Talbot in forging"—he said "You mean my wife, what she did she did under my direction; I am the responsible party."
Re-examined. I said he was also charged with others in a forgery for 400l., and one for 450l.—I said "I am going to search the house for the cheque-book"—he said "Why"—I said "I am a stranger to the case, and I presume the forgeries were committed upon cheques, and he said "No, they were committed on half a sheet of paper similar to this"—pointing to one at the same time—the female prisoner's friends gave me information which led to his arrest.
FREDERICK CHARLES EVELEIGH . I was in the army—these two cheques are forgeries—I occupy a portion of 109, Victoria Street—I was present when the woman was shown the two rooms—the first room she was brought into was my office, and she seemed not quite to make up her mind that was the room that the paper was signed in or not—I took her into another office and she said that was the office—Colonel Sheringham occupied that office—it was immediately opposite mine—she said it was signed in the
afternoon, about 3 o'clock—that room is occupied in the day time generally by Colonel Sherringham, but at that time he was on leave, and there was a messenger of mine sat there to answer my call and no one could have gone in there without his seeing it—she said I was not the gentleman.
MR. WILLIAMS submitted that as the case at present stood the inference was that the female prisoner acted under the coercion of her husband; he was prepared if necessary to prove the marriage. MR. COMMISSIONER KERR was of opinion that such proof was necessary.
MR. WILLIAMS called the following witnesses.
Cross-examined. I recollect the man coming, but I could not swear to him—I remember him coming to me two or three years after for a memorandum for a passport, which I gave him—he gave the name of Edward James Mc Vicar.
ALEXANDER McVICAR . I am the brother of the male prisoner—I know the female prisoner by the name of Theresa Maria Pervincler—I was not present at the marriage, but they have been living together as man and wife.
Cross-examined. That is since the date of the marriage—it was last September twelve months I believe—before that I had seen her for a few-month's at New Cross and Lewisham, and different places.
MARIA MULLEN . I am aunt of the female prisoner—her maiden name was Theresa Maria Pervincler—I was present at her marriage with the prisoner at St. Paul's, Deptford. (" The certificate was dated the 23rd September, 1872, and was the certificate of a marriage solemnized at the Parish Church, St. Paul, Deptford, in the County of Kent, between Edward James McVicar, bachelor, and Theresa Maria Pervincler, spinster")
THE JURY found that the prisoner was a willing agent under her husband, and acted in collusion with him. MR. COMMISSIONER KERR did not feel quite sure whether this amounted to a verdict of guilty or not, but after consulting THE RECORDER he was of opinion that the finding of the Jury did amount to a verdict of guilty, that the fact of her being a willing agent excluded anything like coercion.
GUILTY — Two Years' Imprisonment.
McVICAR— Five Years' Penal Servitude.
MR. COLLINS conducted the Prosecution; and MR. STRAIGHT the Defence.
GEORGE EDWARD CHALKLEY . I am clerk to Messrs. Crook & Smith, solicitors, at 173, Fenchurch Street—Mr. Bateman's shop is in Ship Tavern Passage—between 5 and 6 o'clock, after receiving certain instructions I went to Mr. Bateman's shop—the prisoner was there—I bought 2 1/2 lbs. of salmon and paid 5s. 7d. to the prisoner—I gave him two half-crowns and a two (shilling piece, and he gave me 1s. 5d. change—these (produced) are the three coins I paid to the prisoner—I marked them—he put them in his pocket when I gave them to him.
Cross-examined. He put the money in his pocket, and gave me the change out of his pocket—Mr. Crook gave me the money—Mr. Bateman was not at the office when the money was given to me—I don't think ho had been there—I took the salmon back to the office—I did not give it to Mr. Crook—I saw Mr. Crook—he left the office about three quarters of an
hour afterwards, but I have not the slightest idea where he went before I was called in, and the money given to me by Mr. Crook—I had heard nothing about purchasing the salmon.
HENRY JAMES McDONALD . I am a clerk to Mr. Crook, and in consequence of certain instructions, between 5 and 6 o'clock, on the afternoon of 10th April, I went to Mr. Bateman's shop—I saw the prisoner and purchased three soles, for which I paid 1s. 3d.—I paid with a half-crown—I can't actually identify the half-crown, but I do identify one of the marked pieces—Mr. Crook gave me the money and instructed me to buy the fish.
Cross-examined. The prisoner put the half-crown in his pocket—he had an apron round him—he took the soles from a slab in the front—I did not give them to Mr. Crook—I put them in the office—I don't know what became of them.
JOHN ARCHER . I am a superannuated detective officer—I was sent to the prosecutor's shop about 5.50, on the 10th April—I purchased four mackerel—I gave the prisoner a half-crown and received 6d. change—I had been watching the shop from about 5.5 till the time I went in—I saw four or five people go in besides McDonald—I did not notice Chalkley—the people came out with small baskets.
Cross-examined. He took the four mackerel from the sideboard in the shop.
FREDERICK BATSMAN . I am a fishmonger, at 5, Ship Tavern Passage, in the City—the prisoner has been my foreman about ten years, and he was about twenty years in the service of my father—I trusted him with buying and selling fish—if he received money it was his duty to put it on the desk and account for it when I came down at 6 o'clock in the evening—I am in very bad health—I generally attend to business from 9 o'clock till 1, and from 5 o'clock till about 7 in the evening—the prisoner bought the fish in the morning and I paid him for it afterwards—he had lent me 20l. sometime before—I had paid him 5l. and I owe him 15l. now—before the 10th of April I consulted Mr. Crook, my solicitor, and on that day I left the shop from 5 to 6 o'clock—I left the prisoner 30s. in a drawer for change—if he sold fish while I was away, it was his duty to put the money on the desk and to account to me for the fish that had been sold—I knew that the clerks and the police officer were about to buy fish at my shop—I returned to the shop at 6 o'clock, and there was 7s. 6d. on the desk—4s. 6d. was for fish sold in the morning, and 3s. was also on the desk—Mr. Crook came about 7.45 as the prisoner was about to leave, and Mr. Crook asked him to come upstairs—I can't recollect what was said, of course Mr. Crook made allusions to the fish that was sold, but I can't say for certain what he said—the prisoner asked me to have mercy on him, and that he was guilty—he said that in the presence of Mr. Crook—the prisoner said that was all the fish he had sold to the value of 3s.—that was on the desk—I don't think he said anything about the 4s. 6d.—I have no recollection of it.
Cross-examined. I did not say anything before the magistrate about bis asking for mercy, and saying that he was guilty, but I know he said so—Mr. Crook was conducting the prosecution for me before the magistrate, and he heard the conversation—I was examined by him—I owe the prisoner 15l. more than the 15l. he lent me—. on the morning of the day when I gave him into custody he had paid for the day's fish, and half the fish of the day before—he would have had the money eventually—it is 30l. I owe him—he had paid
for most of the fish that was in the shop for sale that day—we ought to do a good business in the evening, between 5 and 6 o'clock—I had been in the shop myself up to about 1 o'clock that day—I left about 1.30 for dinner, and I came back about 4 o'clock in the afternoon, and I stopped about half an hour—I knew pretty well what fish was in the shop—the soles were on the slab for sale when I went away—I did not go round to see Mr. Crook when I left that afternoon—my wife did—I had made an arrangement about marking the money with Mr. Crook, and it was in consequence of that arrangement that the two clerks and the superannuated policeman went and bought fish—the prisoner was left by himself, between 5 and 6 o'clock, and that is very often the time when people come and get fish who are going away by the train—it was my suggestion that Mr. Crook should call the prisoner up.
WILLIAM CROOK . I was consulted by Mr. Bateman about this supposed embezzlement, and it was by instructions that my clerks went and bought fish, and from information I received I afterwards went to Mr. Bateman's shop, and as the prisoner was about leaving I requested him to go upstairs into a private room—Mr. Bateman came too—I asked the prisoner what money he had taken for fish sold between 3 and 6 o'clock—he replied that he had taken 3s. in ready money, and 4s. 6d. for a parcel of fish sold in the morning—I then told him he must have made some mistake and that he had taken more money—he replied that he had not done so—I then said "Did you not receive 5s. 7d. for 2 lbs. of salmon"—after some little hesitation he said he had—he denied having received anything else and said he must by some mistake have put the money into his own pocket—I told him we knew he had sold other fish, and he said he had not—I said that we must call in a police-constable and give him into custody—he said "I beg you won't do so on account of my wife and family"—I said the fish had been bought and paid for with marked money—he replied he was sure it could not have been so, that he had received no more money than he had stated, and he had offered to turn out the money in his pocket—he did so, and Mrs. Bateman, who was then present pointed out the two half-crowns and two shilling piece as being marked money—a constable was fetched and he was given into custody and money was given to the constable.
Cross-examined. I provided my clerks with the money to buy the fish—I shall undoubtedly charge the prosecutor with that—I was first consulted by the prosecutor's wife the previous afternoon, and she had been round that very afternoon.
NOT GUILTY .
MR. VIVIAN conducted the Prosecution.
JULIA APLIN . I live at 12, Bateman's Buildings—I knew the prisoner eighteen months before he married Eliza O'Connor, and I have known him since and her too—she is a laundress—I was present on the 14th April, 1873, when they were married at St. James's Church, Piccadilly—I signed the register.
Prisoner. This woman said before the magistrate that I represented I was a single man. Witness—I said I thought you were a single man.
WILLIAM PETSALL . I am a music engraver and live at 4, Chain Terrace, Edinburgh—I knew the prisoner at Edinburgh, about nine years ago—on the 30th April, 1867,1 was present when he married Mary Ambrose at her sister's house—I don't know all the witnesses, but I brought the minister to the house in a cab—I saw her last Saturday night—she was then alive.
Prisoner. You know this marriage would never have happened but for a child in the way, you know there never was any engagement—she came to my sister's house and tormented me there—it was God's spirit within me that forced me to it, and the people without me—I was tried by the spirit within and the people without, and I was obliged to succumb—God's spirit is the culprit and not me—I have been led by God's spirit all my life time, and I never was amenable to the law—it was God's spirit that forced me into it—my body was only a passive instrument in the hands of that spirit.
HENRY DAWSON (Detective Officer C). I took the prisoner on the 24th March, and told him he was charged with bigamy—he said "I know all about it, the woman is as bad as me, she made me drunk and put the banns up three times and then married me"—I produce a certificate which I have compared at the Register House at Edinburgh, and also one from St. James's, Piccadilly—they are true copies.
The prisoner put in a written defence stating that he had lived with O'Connor for some time before he married her, that she spoke threateningly and said he must marry he)', and he was frightened into it by the spirit within him and the people without, and was obliged to succumb, and that she knew he was a married man.
GUILTY — Two Years' Imprisonment.
OLD COURT.—Wednesday, May 6th, 1874.
Before Mr. Baron Cleasby.
PLEADED GUILTY — DEATH .
In the case of SARAH NEWMAN , indicted for the wilful murder of Jane Newman, the July, upon the evidence of MR. JOHN ROWLAND GIBSON, surgeon of Newgate, found the prisoner insane and unfit to plead.—Ordered to be detained until Her Majesty's pleasure be known.
NEW COURT.—Wednesday, May 6th, 1874.
Before Mr. Baron Pollock.
MR. ST. AUBYN conducted the Prosecution.
ANNIE ADAMS . I live with my parents, and shall be sixteen next June—two months ago I was living at a public-house in Charles Street, Golden Square, and the prisoner was potman there—he wanted to take liberties with me, and tried to throw me on the ground—he also asked me to go away with him, but I told him I would not, and went home and lived with my mother—the prisoner came to see me there—I told him that my mother did not want him there, and he said he would not come—he asked me to go and see him on Sunday, and when I went he asked me to stay with him—that was Sunday, 19th April, at his lodging, 88, Gray's Inn Road—I staved with him three days, and he wanted me to go on the streets—I did
not sleep with him—Ada Ward was there all the time—he wanted to send us on the streets, and we got a lodging at a coffee shop—he was away on guard on the Monday night—he is in the Militia—he has never had connection with me—my father fetched me away from the house on the Wednesday.
COURT. Q. Did you know when you went to him that Ada Ward was with him? A. Yes, as his wife—she was there first—he told me that he should keep us like ladies, and that he had a private income—he said that if gentlemen took us home we were to take their watches and pins, and we were not to dispose of them, but bring them home to him.
RICHARD ADAMS . I am the father of the last witness—she will be sixteen next June—I first saw the prisoner three weeks ago, when he came to my place—I remember my daughter leaving home—I went on the Wednesday morning and found her at 88, Gray's Inn Road with the prisoner and Ada Ward—I had not given him permission to take her away, neither had I previously spoken to him.
ANN ADAMS . I am the mother of this girl—she will be sixteen next June—when the prisoner came to the house I told him that I did not want him—he said that he wondered I did not send him away on many occasions—I heard from the children that he was always there when I was absent—I never heard him speak about the girl—he used to swear against young girls to blind me—I never gave him permission to take her away.
ADA WARD . I live at 4, James Street, Paddington—I know the prosecutrix—the prisoner asked both her and me to go and live with him, and he said he would keep us like ladies—that was about a fortnight ago, and he said that if Annie could not come I was to come—we were both to go together to his house on Saturday, the 18th, but after I got ready Annie was not able to go—he came down to fetch us both, but Annie was not ready to go—I went with him, and Annie came on the Sunday to tea—he went to fetch her—he said that we were to go out on the streets, and if gentlemen asked us to go home with them we were to go, especially if they were intoxicated, and we were to take their watches; and that we were to go to Regent Circus and the Marble Arch.
Prisoner. Q. When was it I asked you to go and live with me? A. You asked me many times, we could not go out at all without you were after us—you saw me four or five times.
ALFRED COLE . I live at 88, Gray's Inn Road—I let a furnished room to the prisoner, and he said that on 18th April he should bring his wife there—on that day Ada Ward came in a cab with her box—I asked her her name, and she said "Mrs. Williams"—she waited an hour and a half till the prisoner came in—I was out when Annie Adams came, but I believe she came in as a sister—I saw her come out of my side door on the Monday—the prisoner was given in charge in my absence—I am out all day.
JOSEPH WILKES (Policeman G 234). On Wednesday, 23rd April, about 11.30 I took the prisoner at 88, Gray's Inn Road—Mrs. Adams charged him with taking away her daughter against her will—he said "I know nothing about her, this is my wife, pointing to Ada Ward," ask Ada about her—there were a great many words between the mother and the prisoner and the girls—on the way to the station, the prisoner said "I have been living in service with this young woman, and became very fond of her and that is the reason she came to me, and in a very short time I was going to marry her."
The Prisoner's Statement before the Magistrate: "I deny the charge of telling her to go on the streets. I did not take either of them from home, they came of their own account."
The prisoner produced a written defence, stating that the prosecutrix gave her age as eighteen, when she took the situation, that she had stolen several articles from lodgers in the public-house, that he took pity upon her and was foolish enough to take her home until he could marry her; that she went out with Ada Ward, and he told them to be sure and not stay out late, but that they did not come home till 10.30 the next morning, when they said that they had slept at an hotel with two darling swells. GUILTY .— Eighteen Months Imprisonment
THIRD COURT.—Wednesday 6th, 1874.
Before Mr. Common Serjeant.
358. WALTER LEE HADLEY (20), PLEADED GUILTY to feloniously breaking and entering the warehouse of George McKenzie, and stealing four tankards, also to embezzling in the county of Surrey various sums of money of George Stares, and stealing 2l. 2s. 6d. of Thomas Herbert Powler, his master**— Twelve Months' Imprisonment.
MR. COOPER conducted the Prosecution; and MR. SETH SMITH the Defence.
EDWARD LEE . I am valet to Sir George Samuel Jenkinson, of 43, St. James's Place—on the evening of 18th February, about 10.20 I arrived at Paddington Terminus and engaged a" four-wheeled cab—I put this portmanteau (produced) on the top of it, against the rail—the portmanteau and the articles inside it are my master's property—I packed them myself—I told the cabman to drive to 43, St. James's Place—as I passed the Marble Arch I noticed that the time was 10.25—we went on and turned down Upper Brook Street, and as we crossed Park Street, the cab turned round and galloped up Park Street towards Oxford Street—I called to the cabman and he pointed to a cart going along Park Street, and said that the portmanteau was taken off the top—we drove after the cart, along Bayswater Road, it turned up a side street and we lost sight of it—I went to the John Street Police Station and gave information—I was afterwards sent for to Notting Hill Station, where I saw and identified the portmanteau.
Cross-examined. I saw the cart in the distance going up Park Street—I did not see the portmanteau in it—I could not distinguish who was in the cart, it was too far off.
WILLIAM BRYANT . I live at 96, Stanhope Street, Hampstead Road and am a cab driver—I was the cabman that night—I put that portmanteau on the top of my cab at the Paddington Station and secured it with a chain in the usual way, with a hook—I drove on till I came to the crossing in Park Street and Brook Street—a woman called out "Cabman"—I looked behind me and saw the portmanteau being lifted into a cart over the tailboard—the cart was just being started as I turned round—the horse's head was towards Oxford Street—two men were lifting the portmanteau in and there was one man sitting in the cart—the cart went on rapidly, and the two men walked away—I immediately turned round and galloped after the cart up Park Street—at the corner of Oxford Street I was stopped by an omnibus and the curt got ahead it was a dark green cart with wings over the
wheels, a low tailboard, and a grey horse—I afterwards saw the horse and cart in the custody of the police—I could not recognise any of the men.
ALFRED YOUNG (Policeman X 215). About 12.20 on the morning of 19th February I saw a green cart and a grey horse in Talbot Road, Notting Hill—Acting Sergeant Hannah came up and posted me in the area of 28, Colville Square, but nothing came of it—I remained there till I was relieved by Sergeant Brennan—we were watching the cart anticipating that somebody would come for it—it was standing in the Talbot Road and no one was with it—I afterwards lifted the rug that was in the cart and saw tin's portmanteau—the cart and horse were taken to the station.
ROBERT HANNAH (Police Sergeant X 249). About 12.15 on the morning of 9th February my attention was called to a horse and cart in the Talbot Road—I examined the cart and found the portmanteau in it—I afterwards met Sergeant Brennan and made a communication to him—Constable Young had charge of the cart.
HENRY ETHELRED WEST . I live at 95a, Brandon Street, Walworth Road and am manager to Sarah Elizabeth West—she lets out carts and horses—on the 18th February about 4 o'clock in the afternoon the prisoner came with another man to our place—the other man hired a horse and cart—he gave the name of George Williams—I made a note of it at the time—I am sure the prisoner was one of them—I afterwards saw the horse and cart at the station—that was the same horse and cart that I had let—they were to return the same night, but they did not—I had seen the prisoner with the other man before, on one or two occasions.
Cross-examined. It was the other man who hired the cart—and on the former occasions too—they had been together before—I never had any dealings with the prisoner or took any money from him—the other man said the cart was for travelling purposes and he paid me.
WILLIAM PATRICK (Detective Officer P). On the afternoon of 19th March I saw the prisoner in a public-house in Blackfriars Road—when I went in he tried to get off his seat and go out—he knew me quite well—I stopped him and told him I should take him in custody for stealing a portmanteau in Oxford Street—he said "All right, I don't know anything about it"—on the way to the station he said "I was at work"—I did not tell him the date—I searched him and found a knife and key—he was placed amongst a number of other men and West picked him out.
Cross-examined. He picked him out as the man who had been with Williams and had hired the cart.
NOT GUILTY .
FOURTH COURT.—May 8th, 1874.
Before Mr. Recorder.
MESSRS. F. H. LEWIS and SOLESBY conducted the Prosecution.
MARTIN TUPPER HOOD . I am managing director of the United Club and Hotel Company, Charles Street, St. James's—the prisoner was secretary to the company—he had been so since May, 1872—it was part of his duty to bring out accounts before the board and receive cheques, pay them, and reproduce receipts—I recollect a cheque for 21l. 12s. being drawn on the 15th October, 1873, for Messrs. Bass and Co.—it was given to the prisoner—I produce a document purporting to be a receipt from Messrs. Bass and Co. for the amount—a cheque was also drawn on the 20th of
August of the same year for 16l. 4s.—that cheque was also given to the prisoner, and I produce the paper purporting to be the receipt—he produced the receipt to the board meeting—there was also a cheque for 16l. 4s., dated the 19th February, 1873, payable to Messrs. Bass and Co.—that was also given to the prisoner—I produce the paper purporting to be a receipt from Messrs. Bass and Co.
Cross-examined by the prisoner. You were strongly recommended by Sir Anthony Rothschild—he sent his private secretary to recommend you—very probably I took you to the secretary's office—I gave you the key of the iron safe—it contained all the books, ledger, cash books, journal and bank books—I also had a duplicate key, and I had access to it at all times—I cannot swear that those receipts were signed by you.
By THE COURT. If they do not appear in the agenda-book they did appear in the book of vouchers kept by the prisoner and produced by him to the auditors, by whom they were ticked—those papers have been gummed in and extracted from the book to produce in Court—I have not a distinct recollection of any one of them in particular being produced by the prisoner to me.
By the prisoner. Mr. Hood had always that voucher-book before him—I had the board's minute-book—I read and he ticked it off—he cannot find it in the agenda-book or in the board's minute-book—the accounts that had to be produced to the board he checked, and another director signed the cheque that had been prepared by the prisoner—it certainly was not customary to draw cheques for bills that did not appear in the usual course on the agenda-book—the bill does not appear on the agenda-book—I cannot tax my memory with any such conduct as having made or caused to be made in the board's minute-book resolutions purporting to have been passed by the whole board of directors, which never had been passed; I never did that I know of—the minute headed "Reduction of interest on mortgage, re-appointment of managing directors," was passed by the board, but it was not entered in the minute-book at the time because the precise wording of it was left to me to prepare, and it would be confirmed at the following meeting—on one occasion I drew a cheque out of the Union Bank with the sanction of the principal director—it was the occasion when a sum of 480l. was taken out to obtain possession of jewellery which had been pawned by a customer of our hotel, and which he was going to deposit with the company as security for the payment of a debt he had incurred at the hotel—the company had a deposit account at the Union Bank—at the time the 480l. was drawn out, the company had a deposit of 1,000l. there, or two deposits of 500l. each—on the 15th October there was a deposit at the bank of 1,000l.; on the 29th October there was a deposit at the bank of 1.000/.; on the 12th November, 1,000/.; on the 20th November, 1,000/.; on the 10th December, 1,000l.—on the 14th January it had disappeared altogether—the cheque for 480l., which I believe I have in my pocket, was drawn on the 20th October, 1873—at that time there was a deposit of 1,000l., and the 480l. was drawn out of the current account—no cheque has been drawn for 49l. 19s. for Shaper & Co., but there is an account from Mr. Shaper for 49l. 19s.—I drew no invoice out for Shaper & Co.—there was a memorandum drawn out in my handwriting—some six months ago Mr. Shaper borrowed some money from me, and he gave rue the security of 50 dozen of wine, and as I had no other police to put it I put it in the hotel cellars; it remained there for some
months—Mr. Shaper was then unable to pay the money, and he gave me the liberty to consume the wine, and so repay myself out of the proceeds—Mr. Shaper has now given me the bill, which is the amount to be paid to him in order that he may refund the money to me—some of the trades-people who have furnished accounts have done work for me, but that work has not been included in the Hotel Company's bill; most distinctly not.
JAMES HILLS . I am chief clerk to Messrs. Bass & Co., brewers, King's Road, St. Pancras—these three receipts for 16l. 4s., 21l. 12s. and 16l. 4s. are signed "James Hills"—none of them are in my handwriting—this is not our stamp; we use a special stamp of our own—the amounts have not been paid to our firm—I do not know the prisoner—I never saw him before I saw him at Marlborough Street.
THOMAS PILKINGTON TYLEIGH . I was collector for Messrs. Bass & Co., and latterly I knew Henessy as secretary to the Hotel and Club Company—I called several times at the offices of the club for payment of the monies due to Bass & Co.—the first time I called must have been somewhere about November of last year—since that period and March of this year I should think I have called three times—the prisoner said to me in reference to them that a cheque should be drawn at the next board meeting—I called again after he made that statement and he paid me a cheque in January—there were several amounts remaining undue—he asked me if I could let him have separate accounts, having delivered previously an account of the whole debt—the receipt stamp on none of these documents is at all like that we use; ours is much larger.
By THE COURT. I cannot say whether I called for any of the accounts mentioned in the receipts produced subsequently to the 19th February.
THOMAS DAVID JONES . I am cashier at the Union Bank, Charing Cross branch. The Hotel Company have kept an account there—this cheque for 16l. 4s. was paid over the counter. It is customary to exchange cheques for the club on the endorsement of the secretary—it would not have been paid had it not been for that—that we consider cancels the crossing—it is usual for the secretary to put his initials and pay cash, and that has not been done—he has got his name twice on the cheque, both on the front and the back.
CHARLES BUTLER (Detective Sergeant C). On the 2nd April in the presence of Mr. Hood I called the prisoner's attention to the receipts, pointed out they were forged, and asked him what explanation he had to offer—he said he had no explanation at present to offer, but if Mr. Hood would give him time he dare say he should—Mr. Hood made no remark about that, but had cautioned him before he made the statement and told him he need make no statement unless he chose to do so—the prisoner asked me what the amount was—I replied I did not know the exact amount, but I believed it to be about 100l.—he said then, "I do not think it can be so much as that."
By the Prisoner. I will swear on my solemn oath you made use of that expression—(Two receipts, one dated 19th February, 1873 for 16l. 4s., and the other dated 20th October, for 21l. 12s. purporting to be received for Bass & Co, and signed "James Hills" were then put in—The certificate of the incorporation of the Club and Hotel Company was also put in).
Prisoner's Defence This is the first time I have even been in a court of justice, either as principal or defendant—for the last twenty-four years I have been thoroughly well known to Sir Anthony Rothsechild, and I hold in my hand
a letter of his in which he gives me a testimonial, value 100 guineas, and I have had something like 180,000l. in my hands belonging to him, of which he was a trustee—he gave me the 100 guineas in consideration of my important services—I have nothing whatever to do with signing the receipts, not more than a child unborn—it is not my handwriting, or like it in any way—whatever cheques were drawn were paid according to the voucher book, at least the agenda book—they were always put in—and Mr. Hood has failed to show that the cheques were in the book at all—Mr. Hood knows more about the cheques than I do, and he fails to produce them to the board of directors—it is customary where cheques are drawn for trades-people who have no account with the bank, for the secretary to endorse the cheques, so that the tradesmen might go personally to the bank and get the money—that is the way that I can account for the signature upon it—I can prove that Mr. Hood in various instances has done things in the hotel that an honest man would blush to do—I am as innocent of what is brought against me as an utter stranger.
GUILTY of Uttering.
Mr. LEWIS stated that the whole amount of the prisoner's defalcations was 194l.— Seven Years' Penal Servitude.
Before Mr. Recorder.
MR. F. H. LEWIS and MR. MACRAE MOIR conducted the Prosecution. EDWARD HAARER. I am a confectioner in Mount Street, Berkeley Square—I had this bridecake-stand and knife on hire from Thomas's, of Bond Street—on Easter Monday I took it myself down to Farnham in a large basket made for the purpose, and left it there at the house of Mr. Ware—it is worth about 17l.—I did not see it again until it was at Greenwich.
EDWARD BROMLEY . I keep the Bush hotel at Farnham—I was at Mr. Ware's on Easter Monday, and saw this cake-stand and knife unpacked, and used for the wedding—next day I repacked it in the same basket and saw it labelled to Mr. Haarer, Mount Street—it was taken to the Farnham Station, and I saw it there about 4.10—I saw one of my men take it into the station.
THOMAS NORTH . I am a porter at the Farnham Railway Station—about 6 o'clock on the evening of 7th April, I saw a flat basket at the station—I put it into the guards van just before the 6.20 train started—I had seen that same basket come down the day before and sent it to Mr. Ware's—I did not notice a direction on it.
JAMES SALISBURY . I am a guard on the South Western Railway—I was guard of the 6.20 train from Farnham, on 7th April—I recollect North putting a hamper into my van just as the train was starting—there was no company's label upon it—I could not say whether it had any address on it, when I got to Aldershot, somebody claimed it—I could not say who the man was—I-gave it to him, that was the only hamper I had.
GODFREY FIELDER (Policeman P 275). After 11 o'clock on the night of 7th April, I saw the prisoner at the Sydenham Railway Station—he was carrying a sack—I believe he had come by train, but I did not see him get out—I allowed him to pass me and then ran up the steps in front of him and stopped him—I was in plain clothes—I asked what he had got in the
sack—he said that what he had got was his own—he put down the sack; I looked at it and saw that it contained this massive stand—I asked where he had got it from—he refused to tell me—I asked where he was going to take it to—he said to Peak Hill—he then took the sack up and walked in the direction of Peak Hill—I went with him, from his manner I thought he was not going to take it to Peak Hill; I therefore stopped him again—he put down the sack and said "I will show you the receipt"—he took out the stand, took up the sack again, and struck me a back-handed blow and cut me in the cheek, just under the eye—I could not see what it was that he struck me with, it was very dark just there, but I believe it was with a knife—I felt that I was stabbed and the blood was running down my lace—the blow knocked me back and I fell into the hedge—as soon as I recovered myself I went after the prisoner—he ran up Peak Hill—I caught him within a few yards—he struck and kicked me several times before I could close with him, at last I succeeded in throwing him and kept him down till the witness Rush came to my assistance.
CHARLES RUSH . I reside at Peak Hill, Sydenham—on the night of 7th April, I was in bed and was aroused by cries—I came out and found this knife in the road, close to my gate—I put it in my garden and went to the place where the cries came from—I saw Fielder on the top of the prisoner—he told me who he was and asked me to help him; I did so—the prisoner struck me—Fielder gave me his staff and I struck the prisoner with it—he then laid quiet till further assistance came.
JOHN THOMAS FOX (Police Sergeant P 8). I was at the station when the prisoner was brought in on this charge—I asked him how he became possessed of the cake-stand—he said it was his own and it was marked with his name—I examined it before him, and could not find any name—I said "What account can you give of it"—he said "I shan't give any account till I get before the Magistrate."
The prisoner in his defence stated that he had been in the Army in India, and was invalided, and that when he took any liquor it affected him so that he was not answerable for his actions—that on 7th April, he had a hamper of plate given him, that on going by train to Aldershot, he went to the van and received this hamper thinking it was his own—that on finding what it contained he was induced to keep it—that the officer stopped him roughly and hit him, and he then struck the officer, being in liquor at the time.
J. T. FOX (re-examined). There was very little appearance of liquor about him, there was some, he knew quite well what he was about.
GUILTY .*— Five Years' Penal Servitude.
THE COURT awarded 5l. to the officer Fielder for his good conduct.
MR. COLLINS conducted the Prosecution.
HENRY WOODBRIDGE . I am a labourer and live at 64, High Street, Woolwich—on Tuesday, 21st August, about 12.20, I was walking in High Street, Woolwhich—I had left off work about 8 o'clock—I met with a soldier I knew, and went into the Roebuck and had half a pint of beer with him—I had had a pot or two, but I was as sober as I am now—as I was passing by a place called Meeting House Lane in the High Street, the prisoner Clark cams out from a corner, seized me by the throat and said
"You b----old sod, have you got any money?" and down I went on my back, he still holding on by my throat—whilst he was doing that Jordan came and kicked me on my side, put his knee on the top of me and took 1s. 6d. in a little bag out of my pocket—I had 4 1/2 d. in my trowsers pocket and he said "Turn the b----old sod over, he has got something in his trousers pocket"—at that time footsteps were heard, and they ran away down Meeting House Lane—I gave information at the station, and on the Saturday I went there and saw the prisoners placed with other men and I picked them out—I am certain they are the men, I could swear to them if they had been with all Woolwich.
Jordan. Is it likely I should rob a man that lives next door to me? He lives at 64, and I live at 63. Witness. I believe he does live next door—I have seen him week after week standing at the corner—I did not know where he lived—I did not pick out another man at the station before him, the inspector did not point him out.
PATRICK DAVIS (Policeman R 238). I was with Inspector Phillips and apprehended Clark on the morning of the 21st April—he was in company with Jordan—I took him to the station—he was put with other men, and the prosecutor identified him—the prosecutor was taken into the inspector's room, all the blinds were drawn down, and four men were taken in who very nearly matched with the prisoners, and the prisoners were allowed to select their own position, and the prosecutor came and pointed them both out.
HENRY PHILLIPS (Police Inspector). On the morning of the 21st I received certain information, and saw the two prisoners in High-street together—I followed them—Jordan ran away—I apprehended him and took him to the station—they were remanded to the Saturday on another charge—on the Saturday the prosecutor came to the station—I kept him in my room for about an hour and a half, before we could get persons suitable to put with the prisoner—I closed the blinds, and then took the prosecutor into the yard—he pointed to the two prisoners—Jordan was on the right-hand side—he seemed to me to be pointing not directly at Jordan, and I said go to the man you mean and touch him, and he immediately went and touched Jordan, and Clark also.
The Prisoners' statements before the Magistrate.—Jordan says: "I did not do it; I saw it done, and know who it was." Clark says: "I am innocent; I know who did it, there were three in it."
Jordan's Defence. This man knows I am
NOT GUILTY. I was not with him at all. Why not tell the truth; it was him and Regan that done it; I was at home.
Clark's Defence. I never saw the prosecutor in my life.
GUILTY .—The prisoners both PLEADED GUILTY to having been before convicted of felony. Clark had been fifteen times convicted— Seven Years' each in Penal Servitude.
Before Mr. Common Serjeant.
MR. LEWIS conducted the Prosecution.
four dresses, a brown silk skirt, a jacket, and a polonaise from my mistress's wardrobe, and a clock from the mantelpiece—I had seen the clock that morning and the articles of dress three days before—a window on the first first floor, looking towards the common, had been opened, and a person getting on the wall could reach the window and get into the house—the articles I missed were worth between 50l. and 60l.—this jacket, this skirt, and this polonaise are all that have been discovered—they belong to my mistress.
GEORGE CALLOWAY . I am in the service of Mr. Birt, a pawnbroker, of Powis Street, Woolwich—this silk skirt was pledged there on the evening of 17th March for 1l. in the name of Emma Smith, of Burridge Road, I believe by the female prisoner—on the 3rd April a policeman called, and I found I had taken in the article—on the 4th the female prisoner came and tendered this ticket—I asked her if she wished to redeem it—she said no, she wished a further advance on it—I asked her if she had purchased it—she said it was made a present to her by her husband—I said, "Where did he get it?"—she said "In London"—I said "Do you think it is worth more?" she said "Oh, yes, it is worth more"—I told her to wait a little, sent for a constable, and gave her into custody.
Prisoner Elizabeth. Q. Was the dress pledged on the 17th, the same day that the robbery was committed? A. Yes—I served the person, but I dad not write the ticket—about twenty or thirty people were in the shop—I did not notice the person's features, or whether she wore a fall, but she was dressed in black, and had a black hat—if I had met you I should not have stopped you unless you produced this ticket.
EMMA EADES . I live at 42, Brunswick Road, Highgate Hill—I have seen the female prisoner a few times and the male prisoner once—they have a little boy who brought a bag to my place on 20th March, containing this jacket and polonaise—the jacket was blue, but I received this letter afterwards (produced) in consequence of which I had it dyed—I do not know Mrs. Versey's writing.
Prisoner John. Q. Are you an acquaintance of my wife's? A. Only through her staying with a friend who lives with me, Sarah Rook—I am not a friend of your wife's—I know that you have been away—I do not know that your wife was in the habit of leaving things at my friend's.
JANET FRIER . My husband lives in Olive Street, Plumstead—the two prisoners have occupied our two front rooms since January, as man and wife—he was laid up in February, and on 17th March, and before that time he was able to walk out—when the police came they went into the room the prisoners occupied.
Prisoner John. Q. Have you been up in my room plenty of times? A. Several times—you and my husband have been intimate—you met with a severe accident on 16th February, and I think you were laid up a fortnight; after that you walked with a stick and a crutch, but you were able to walk to Charlton on 17th March with my husband—you returned together between 3 and 4 o'clock—you went out again that evening, I cannot say at what time, but you returned about 11 o'clock.
three miles from Olive Street—on 4th April I was fetched to Mr. Birts shop and found the female prisoner detained there—I said "You will have to go with me to the station"—she said "What for?"—I said "About the skirt"—she said "The skirt belongs to me"—I asked her which skirt it was—she said that she did not know, but her husband bought the piece and gave it to her and she made it herself, and she had got two and she did not know which it was—I took her to the station, got her address, went there and saw the male prisoner—I said "You will have to go with me to the station, your wife is there"—he said "What for?"—I said "With respect to a skirt"—he said "What skirt? she has got two, I know nothing at all about it"—this knife only was found on him.
THE COURT considered that there was no case against JOHN VERSEY.
NOT GUILTY .
Elizabeth Versey produced a written defence, stating that she purchased the duplicate of the skirt in a public-house of a young man named Clark, and also the other articles, but not wishing her husband to know that she had spoken to Clark as he had forbidden her to do so, she sent them away to Highgate.
ELIZABETH VERSEY GUILTY of receiving.—Nine Months' Imprisonment.
364. JOHN VERSEY was again indicted for breaking and entering the dwelling-house of Etterich William Creek and stealing therein two purses, a silk skirt and other articles, upon which no evidence was offered.
NOT GUILTY .
MESSRS. LEWIS and SOLESBY conducted the Prosecutions; and MR. MONTAGU WILLIAMS the Defence.
SAMUEL TURNER . I am tune-keeper to Messrs. Siemens Brothers, telegraph engineers, of Charlton, employing 3,000 men—the prisoner was an assistant time-keeper in my office—it was his duty to assist me in booking the workmen's time in or out—when a man is engaged he is furnished with a brass ticket with a number on it, and when he comes to work, his duty is to deposit that ticket in a box kept at the gate—6 o'clock is the usual time for the men to come to work, and these brass tickets are collected at a little after 6 o'clock and hung on hooks corresponding with their numbers, after depositing them on a table and booking them—the men take away the tickets when they go to their meals, and when they go home at night—the same course exactly is repeated when they return from meals—when a man leaves the employment his duty is to deliver his brass ticket into my office—if lost, it is paid for—when given up it would serve for another man who subsequently came into the employment—ticket No. 549 belonged to a man named Daniels, who left the factory on 31st January, 1874—I am looking at the memorandum in the writing of Foster, my assistant, who is here; this other book is in my writing, and they were both kept under my inspection—the name of "Kennington" appears first on 11th February, 1874, and it is in the prisoner's writing—ticket 579 belonged to Marshall, who was discharged on 25th February, and it is entered to "Thomas" on the same day in the prisoner's writing—ticket 589 belonged to Etherington who left on 12th December, 1873, and the name of "Bailey" is entered by the prisoner on 19th February—I am looking at my time book which is kept by me—Hunt, who held ticket 2,227. was to have been transferred from the wire to the cable department, but he was not transferred—he was
supposed to have been transferred on 18th February, and the writing is the boy Butcher's, but the time is put in by the prisoner—this (produced) is the paper upon which his name was originally entered, it is in one of the clerk's writing—ticket 2,300 is first entered on 18th February, 1874, that belonged to no one; it is in the prisoner's writing, and the name of Armstrong is entered—ticket 2,397 belonged to a man named Crew, who was placed on the sick list on 21st February, and yet his name continues on till the week ending 4th March—this book is kept under my inspection; my night relieving man sees that it is right—I mark them and fill in the time, and leave the book there at night—I do not keep the book entirely but I and my assistants do—I correct it, and my night assistant gives me. a list in the morning, if there is any error—ticket 285 belonged to a man named Pointer, who was discharged on 3rd February, and on 6th February it is entered by the prisoner to a man named Wright—ticket 2,060 belonged to a man named Owen, who was discharged on 28th January, and the name of Johnson appears to that number in the prisoner's writing on 4th February—all those numbers appear carried on with time and rate attached up to the week ending 11th March—after they are once entered they are carried on by the boy—when once the brass ticket appears upon the book, anyone can enter it except the boy—I don't allow him to do it—the presence of the brass ticket indicates its owner's absence—I hare made enquiries for Kennington, Thomas, Bailey, Johnson, and Wright, but none of them have appeared—the prisoner as assistant time-keeper had access to those brass tickets.
Cross-examined. The prisoner has been in the employment probably six months—I always believed his parents to be respectable, or he would not have been in our employ—when a man left he would give his ticket up to me or to one of my three assistants, who are not boys—Mr. Claverhouse and Mr. Cook are two of them—one workmen could not work two tickets because there must be another name entered in the book—I am responsible for the book—this is it, and this is a copy giving the explanation of every mark—this is a short way of booking the time—this straight mark means from 6 to 8 o'clock, this "0" means not present, this means "after breakfast," this "after dinner," and this "left his ticket at home"—the pay-tickets are made up from my book and the men are paid by paper, tickets—if an engine driver cannot get away, he is allowed to send another person for him—this figuring against the name of Wright, No. "285" on 2nd March is in Mr. Claverhouse's writing on Monday and Tuesday, but it is not his marking—the figures correspond with the marks—these figures against Wright's name on 6th March are mine—on March 12th the lines are put down by the prisoner, but there is no time to them as that was the day he was taken—from the time-keeper's rough diary the names and dates are entered into another book, which is kept by me or my assistant—this "285 Wright" on this page is in Beales' writing—that is copied from my rough book which I am answerable for—this pay-ticket (produced) "285 Wright" is in the prisoner's writing, but the date I believe is Butcher's—the figures in the prisoner's writing are copied from my writing in the rough book—I am the person responsible chiefly for the time being properly kept—the first entry of Crew's name after he was placed in the sick-list is in Butcher's writing, but the time is not—the first two days time is in my figures—the prisoner may have been in the employ a little longer than six months, but he came the last time the day after Christmas Day—
these brass-tickets are left in the office where my assistants can get them—I do not always check the pay-tickets with the books as we have been so busy—we had about 1,500 hands at the time the prisoner was there, and 1,300 in my particular office—the time-keepers office is open at all hours of the day and night—a night relief takes my place at night—they work day and night—I do not know of persons from the gutta percha side coming to my office and helping to book the men—not even on Sunday evenings—I will undertake to swear that it has not occurred on Sunday evening—there are three time-keepers on the premises and their assistants—I have sometimes found men in the office with Claverhouse, and spoken about it in the morning—ticket 2,227 was got ready for Hunt, but it was not transferred to him—the entry is in Butcher's writing.
Re-examined. The foundation of the system is the working of the brass-tickets, and if a ticket is being honestly or dishonestly worked the same entry would be made by me or any assistants, and the hieroglyphics in the time-sheet would go on on the assumption of the ticket being used belonging honestly to somebody—Claverhouse would not work with the prisoner—he said that people passed by him and said that he was a thief—it is the foreman's duty to fix the rate of a workman's wages when he enters the service, that ought to be reported to me as 4 1/2 d. or 5d., or whatever it was per hour—the rate per hour of the fictitious workmen is in the prisoner's writing—if they were real workmen the rate per hour ought to have been reported to me or to my assistant—this is the book in which he would enter and rate the workmen—this signature "H. W. W. Beale," is the prisoner's writing.
MR. M. WILLIAMS. Q. Is this. "Wright," your original entry 7 A. Yes; where it comes from is the question—it does not come from any book—the foreman says "I have entered such and such names, book their names," and we book them—no foreman brought this name—when a foreman brings them we enter the name of the foreman to their name—the foreman fixes the rate or anybody sent by the foreman, but he would bring a paper from the foreman.
HENRY MARSHALL . I was formerly in the service of Siemens Brothers—my ticket was No. 579—I was discharged in February, and the prisoner did not give me up my ticket—I was not at work the week ending 2nd March, and did not receive 1l. 7s. 7d.
Cross-examined. I do not know what became of my ticket; I put it into the box when I arrived at 6 o'clock—it was left on the board day by day.
Cross-examined. I have not been called as a witness before—I gave my ticket into Mr. Turner's hands—I laid it on the table before him.
ROBERT OWEN . I was formerly in Messrs. Siemens' service—I was discharged on 2nd February, I" think—my ticket was 2,060—it was stopped and taken away from me when I was discharged, and the prisoner gave me a pay-ticket—I did not give my brass ticket to any other man.
Cross-examined. I don't know what became of it after it was taken from me.
SAMUEL CREWE . I am a labourer at Messrs. Siemens'—I left on the sick-list on 19th February—I did not give my ticket in for a week—I gave it to the prisoner when I was discharged, and received 1l. 19s. 1d. for
wages—I had only worked three days, and that was in the cable department—I have now another number in the gutta-percha department.
Cross-examined. The prisoner was in the office when I gave him my ticket.
JOHN HUST . I am employed in the wire department at Messrs Siemens'—I recollect a talk about moving me into the cable department but I remained in the wire department—I received my wages in the wire department for the weeks ending 4th March and 11th March—I did not receive any money or authorise the prisoner to receive 2l. 6s. 4 1/2 d. for me in the cable department for the week ending 6th March—I always either drew my money myself or authorised the boy to receive it—I never spoke three words to the prisoner in my life—I cannot say at the present moment what the number of my ticket is, or whether I ever bore the number 2,027
Cross-examined. I have repeatedly authorised the boys to receive my; money.
GEORGE ROWLEY . I was foreman in the cable department at Messrs Siemens'—no such men us Wright, Kennington, Thomas, Bailey, Johnson or Armstrong worked there in the week ending 4th March—I have looked through the books, and their names are not there—each man in my department has a brass ticket.
Cross-examined. I did swear "I do not know whether Thomas was in my department or Wright, or any of the other names," but after looking through the books I find that they were not there—I don't keep the books.
COURT. Q. Some numbers must have been entered, what do you mean by their not being entered A. The men were not entered; the men were not in the works—I have not been able to find them since—I never knew them at all, except Crewe.
THOMAS CHAMBERS . I am a foreman of labourers in the cable department, and have twenty men under me—I do not know Wright, Kennington, Bailey, Johnson, or Armstrong—there are about 1,000 men in the department.
Cross-examined. I will not swear they were not, but I do not know them—I know there is such a man as Wright working there now.
EDWARD ABLITT . I am a clerk to Messrs. Siemens—on Saturday morning, 7th March, I was in possession of the pay-tickets to deliver to the workmen—the prisoner brought me this paper that morning; it bears his initials, and contains the eight names referred to in this charge—he asked me to look out those numbers as soon as I could, and I handed him the pay-tickets for those numbers.
Cross-examined. He did not hand in another list at the same time—it is customary to do so—I deliver the pay-tickets on the list being furnished to me.
WILLIAM SMITH . I am cashier to Messrs. Siemens—on 7th March I paid the prisoner these eight pay-tickets for the week ending 7th March—the gross amount is 17l. 0s. 1 1/2 d.—he initialled them—that was the first week I had taken to getting the initials of the person receiving the money—they have not presented themselves for payment since.
Cross-examined. When the pay-tickets are brought up to mo I pay the sums—it is common for another person to bring tickets when a man cannot
leave his machine—this was the first time I asked the prisoner to put his initials to the tickets—I have examined the books to see if there are any other discrepancies, and they agree exactly.
BERNARD CLAVERHOUSE . I am assistant time-keeper at Messrs. Siemens'—on Sunday, 8th March, about 6 a.m., I was in the office with Mr. Turner, and we both saw that no brass tickets referring to any of the cable department were there—the prisoner was not there at all that day—I had occasion to look at the time-book next day (Monday), and found entries in the prisoner's writing for work on Sunday from 6 a.m. till 5 p.m.—I referred to the numbers which you have before you, and after I found it out I made a communication to Mr. Turner, and looked into the matter—I have made entries in this time-book under some of those names—at those times the brass tickets were not in the office—at the time I made the entries I believed that those brass tickets represented genuine workmen.
Cross-examined. I claim the credit of finding this out at 3 o'clock in the morning—I am not there by day—when I say that the prisoner was not there, I go by the book—I was not there all day on the Monday, but I say the he was not there, because I inquired when I came at 6 o'clock—I go by what people told me—I once had a dispute with the prisoner—I did not like to work with him—I have never suggested bringing any fresh hands into the works, either to Mr. Turner or anybody else—that I swear—I have never suggested to Mr. Turner the name of any German to come into the works—after Beale left I told Mr. Turner that I knew a good man to come into the works, and he was a German, but not before—it is a fact that I have entered very few names in this book, because they did not understand my writing—the time diaries are made up from another rougher diary, and most of the figures in the rough books are in my writing at night time—I never heard any suggestion from Mr. Turner of my having men in my office at night.
Re-examined. The reason I did not wish to work with the prisoner was because Mr. Shmidt and Mr. Turner had already put suspicion upon him—I was called at the Police Court for the defence, and gave the evidence which I have given to-day, which caused me to be called for the prosecution—the prisoner was defended at the Police Court by Mr. Hughes, the attorney, who called me as his witness.
WILLIAM HARDING . I am a job-master, and formerly lived at Lee, within three miles of these works—I know the prisoner—on 28th February I entered into this agreement with him—I knew him by his hiring ponies of me at 2s., 6d. per hour, sometimes once, and sometimes twice a week. (This was an agreement, dated February 23, 1874, between the prisoner and William Harding, for the purchase by the prisoner of a pony, trap, and harness for 35l., to be paid in three weeks, and if not then paid for, to be returned to Harding, 10l. having been paid in advance)—I did not know how young he was, or whether he had parents.
Cross-examined. He had sold me the pony about 5th January, 1874, and I sold it back to him—I don't know when he bought it.
PATRICK DAVIS (Policeman 238 R). I took the prisoner on 12th March and told him he would be charged with obtaining 17l. by false pretences, the moneys of his employer—he said, "I received the money from the cashier, and paid it on account of men working for the firm," I think he said, "In the cable department."
Cross-examined. He was taken before a Magistrate, admitted to bail, and has been on bail ever since.
COURT. Q. Was Smith, the cashier, present when you took him? A. Yes—I don't know whether Turner was present—the prisoner was not asked for any explanation as to how he got the money.
GUILTY .—Strongly recommended to mercy by the Jury,— Twelve Month's Imprisonment.
Before Robert Malcolm Kerr, Esq.
ANNA MARIA BOURNE . I am the wife of Henry Bourne and live at Start ford, in Essex—I was present in September, 1852, at the Parish Church at Plumstead when the prisoner was married to my sister, Lucy Filer—I was one of the witnesses—they resided at Plumstead afterwards—she is in Court now.
Cross-examined. I was intimate with my sister at the time she was married, and afterwards for some years—the prisoner was living with some brickmakers at Plumstead—he was also a militiaman, and after he had been married three or four years he left for a time, to attend to his duties as a militiaman—he did not find his wife living with the brick makers when he came back—it was immediately after he returned from his militia, duties that he left her—I was not living at Plumstead at that time—the prisoner left Plumstead and his wife still lived there for some time, and then she went to Woolwich—she had been living in Woolwich a great many years—I have not seen the prisoner above twice during the last seven years—I. know a man named Butler living at Woolwich, his parents lived close by my father there—he did not live in the same house with my sister any part of the time.
CATHERINE SMITH . I reside at Henley Street, Woolwich—I have known the prisoner about ten years—on 30th October last I was married to him at the Parish Church at Crayford—he described himself as a bachelor—I first found out that he was a married man on the day he was taken into custody.
Cross-examined. He has treated me very well and I don't wish to prosecute him, he has been a kind husband to me—I had known him a great many years, and we had been living together for some years—I never heard of the existence of any first wife until the Saturday he was taken—I should think I had lived with him nine years before he married me—no woman ever came after him during that time to my knowledge; nor any father, or mother, or sister.
WILLIAM MORGAN (Policeman R 155). I took the prisoner at 31, Henley Street, Woolwich—I told him I should take him into custody for feloniously intermarrying with Catherine Smith, his wife Lucy being alive—he said, All right, I was stoned away from my own door by a lot of bricklayers"—he said he should not have married but he wanted somebody to look after his sister's children—he has five of them, and has supported them for some time—I produce two correct copies of the certificates of marriage.
NOT GUILTY .
MR. WILSON conducted the Prosecution.
HARRY FORWARD . I am a seaman in the Royal Navy—on the evening of last Good Friday I was in the Prince of Orange public-house with my brother between 7 and 8 o'clock—while we were there the prisoner came in and pushed past me, and as his shoulder got past me I felt a tug at my chain—I put up my hand and received the chain across my right wrist—the prisoner made for the door; I caught hold of him, and we went out of the door—my brother said, "What is the matter?" and I accused the prisoner of stealing my watch—the prisoner asked me if I would speak to him quietly, and I walked him to the Railway Station, where we found a constable, and I gave him in charge—the watch was taken from his pocket in my presence.
Cross-examined by the Prisoner. There were forty or fifty people in front of the bar—you came in and shoved past me, and I felt the tug at my chain—I did not see you take the watch, but I felt the tug and you made for the door—I said, "If you will turn it up I will say no more about it"—you said you had not got it.
WALTER FORWARD . I am the brother of the last witness, and was with, him on the night in question—I assisted him to seize the prisoner—I have no doubt at all about the man, because I saw the watch taken from his pocket when he was given into custody.
Cross-examined by the Prisoner. I did not see you take the watch, but I saw it taken from your pocket—your hands were free till I came and caught hold of you.
JAMES WINTER (Policeman R R 18). On the evening of Good Friday, 3rd April, I saw the two witnesses holding the prisoner—the prosecutor, told me the prisoner had stolen his watch, and he had seen him put it in his pocket, and as it was only two or three yards to the railway station gate, I dragged the prisoner inside the gate and searched him—I found this watch in his left hand pocket behind, and the prosecutor said it was his watch—I took the prisoner to the station—he said he was not aware the watch was in his pocket and that if it was there some one must have put it there.
The prisoner in his defence stated that he did not steal the 'watch, but that the thief must have put it in his pocket.
He also PLEADED GUILTY to having been before convicted in January, 1872**— Seven Years' Penal Servitude.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution.
STEPHEN POWELL . I keep the Mason's Arms beer-house, Park Crescent, Clapham—on Monday, 30th March, about 4.45 I was awoke by the police ringing the bell—I went down and found the top sash of the bar parlour window pulled down, which I had fastened the night before, the shutter was pulled down and a pane of glass broken, next the catch—I had left about 2s. worth of coppers, and some 3d. and 1d. pieces in some bowls, that was all gone—I also missed a shooting coat and a handkerchief in the pocket of it, also a razor and case from a shelf in the wash-house—the
window of the bar parlour looks into Crescent Row—I bad fastened the hasp of that window on the Sunday night, and the top shutter was shut, but not bolted—the wash-house door was bolted top and bottom—two entries had been made, one into the wash-house, and the other into the bar parlour—this (produced) is the razor I lost, and these are the three bowls.
WILLIAM COLES (Policeman W 188). About 4.30 on this Monday, I was passing Crescent Row—I noticed that the prosecutor's window was broken and open—I called him up and found the premises as he has just stated—about 2 o'clock on that morning I had seen the prisoner in High Street, Clapham. 600 or 700 yards from the prosecutor's house, and going in that direction—about 12.30 on the Sunday evening, I went to a stable in Nelson's Row—I afterwards heard the prisoner say that he had slept there.
GEORGE HAZLE (Policeman W 18). About 1 o'clock in the day, on 30th, the prisoner was brought to the station—I asked him to account for his time on the Sunday night—he said he had slept at Carter's stables (which are in Nelson's Row), and that he went there at 11.30—I told him to turn his pockets out, and he produced a shilling, a sixpence, and three halfpence—I asked how he got it—he said by sweeping a crossing on Clapham Common—I asked if that was all he had about him—he said it was—I searched him and found a two shilling piece in his shoe—I asked how he accounted for that—he said he got it by scrambling for money at the boat race—I said "Why do you carry it in your shoe—"he said because he had got no pocket.
EDWARD JAMES LITTLE . I am a carpenter of 32, Clapham Park Road—on the Friday morning previous to the robbery, about ten minutes to 6' o'clock—I saw the prisoner and another man come out of the prosecutor's stable gates—they were about a foot open, and they were trying to shut them—the prisoner was standing up and the other was down on his knees pulling the gates together.
GEORGE MASON (re-examined). The witness Edwin Brooker, is ill at St. Thomas's Hospital, and suffering from rheumatic fever—I have not seen him since the 1st, when he was admitted—I have a certificate which I obtained at the hospital yesterday—I was present when the prisoner was before the Magistrate—he had the opportunity of cross-examining the witness.
CHRISTOPHER MUSGRAVE TAYLOR . I am house physician, at St. Thomas's Hospital—I have seen Edwin Brooker a policeman there to day, he is suffering from acute rheumatism, and is not able to leave his bed.
The Deposition of EDWIN BROOKER was put in and read as follows: "On 30th ultimo, I found the prisoner and said "I want you to go to the station with me on suspicion of a burglary at Mr. Powell's"—he said "All right, I thought that was what you wanted me for—I heard of it, and I was going down to the station about it as soon as I had my dinner."
NOT GUILTY .
MR. RIBTON conducted the Prosecution, and MR. STRAIGHT defended Purdy.
THOMAS EGAN . I live at No. 1, Huntsman Street, East Street, Walworth,: and am a yard foreman—on Easter Monday about about 12 o'clock, I was walking in the Old Kent Road with my wife on my arm, and saw the prisoner Harris and another man standing together—one of them snatched at
my watch—I don't know that man, he did not take the watch, the bow was broken—he seized hold of my chain, I struck out at him, he ran away, I followed him, while doing so the other tripped me up, and we both fell together—I got up and left him behind me and ran after the man that snatched at my watch—at the end of York Street I lost sight of him, and I turned round on to Harris and said "I have lost him, I will hold you"—the policeman came up at the same time, and I gave him in charge—he struggled violently and assaulted the policeman—I saw Purdy afterwards at Star Corner in the hands of some man—when I got home I found that my watch was in my waistcoat pocket with the bow broken—I have no doubt about Harris.
Cross-examined. It was about twenty minutes after Harris was in custody that Purdy came up; there was a crowd at that time—there were two policemen—there was a good deal of pushing—I did not see Purdy get a click on the ear—the police were doing their best to take the prisoner.
Re-examined. It was about a quarter of a mile from the place where the man snatched at my watch to where Purdy came up, and about 400 or 500 yards from where I lost sight of the man.
JAMES GROSE . I work at a coffee-house, and live at No. 1, Layton's Buildings—on Easter Monday night, about 9 o'clock, I was in the Old Kent Road, near the Dover Road—I saw Mr. Egan and his wife—I was two or three yards behind them—I saw two men following them; they both wore black coats—Harris is one of the men, I am sure of him; the other one turned round and snatched at Mr. Egan's breast—Mr. Egan tried to resist him—I think he hit him—the man ran away through York Street—I do not see that man here—I had not time to look at him—Mr. Egan ran across 1. the road, and Harris after him and knocked him down at the corner of the street; Mr. Egan clung to him, and they both fell down—I was there when the police came up and took Harris.
Harris. He says both the men had black coats; mine is a brown coat. Witness. I thought it was black—it was very dark there; but I know him by his face—I am quite sure of him.
JOHN GAITER (Policeman M 246). I saw Mr. Egan at the corner of York Street, following Harris, and calling out" Stop him"—I stopped him—he said, "I am not guilty; I am not going with you"—he was very violent—he caught me by the legs and threw me down—he was eventually taken to the station after a desperate struggle—Purdy came up at the bottom of Bermondsey New Road, and said, "Bill, don't go; hit and kick the b----; try, lad"—Harris then became very violent, striking and kicking us, and Purdy commenced in the same way—two gentlemen took Purdy to the station, and I and my brother constable took Harris.
WILLIAM BROMAN . I saw Harris in the custody of the police—there were a few persons there on the first onset—Purdy came up in about twenty., minutes—he tried to get Harris out of the policeman's hands.
Cross-examined. I and another man took Purdy to the station—he went very quietly, and on the way he said, "I am very sorry for what I have done; I have been bribed into it; I am sorry for it."
Harris's Defence. I was going for something for supper, when the prosecutor ran against me and knocked me down—he left me lying on the ground and ran away, and afterwards came back and said he would give me in charge—I did not try to escape—he lives in the same street as I do, and could find me at any time—he told the policeman he had lost his
watch, and he afterwards found it in his own pocket—I have been working hard for my living for the last eight months.
HARRIS GUILTY .
He also PLEADED GUILTY to a previous conviction in December, 1867 **—Ten Years' Penal Servitude.
PURDY NOT GUILTY .
PURDY PLEADED GUILTY . He received a good character.— Four Months' Imprisonment.— No evidence was offered against Harris on this charge.
MR. HOLLINGS conducted the Prosecution; and MR. STRAIGHT Defended Gray.
BENJAMIN HUTLEY (Policeman M 129). On the morning of April 2nd., at 12.45, I was on duty at the corner of Friar Street, Black friars Road—a cabman came to me—he said something to me—at the same time the witness Earl came to me, and said that three men had knocked a man down—I went with him up Friar Street and Wellington Street, and saw the prisoner Gray standing in a doorway—I caught hold of his shoulder and said to Earl "Is this one of the men?"—he said "Yes, that is one of them that ran away"—267 M came up and said "I know where the other two men are"—I took Gray across to the opposite side of the street to No. 1, Green Street, where Davis lives, and knocked at the door—the answer was "Who's that?"—I said "A policeman"—Davis said "What do you want?" I said "I want to see you"—he opened the door and said "I have not been indoors, I have only just come indoors"—I said "You will have to come outside"—he did so—267 said "I know where the other man is"—we went to a mat maker's in Green Street, where Connolly works sometimes—Connolly was concealing himself underneath some shavings in the shop—he was brought back to 1, Green Street—we placed the three prisoners together, and Earl said "I believe them to be the other two"—I said I should take them into custody on suspicion of knocking down a man in the Blackfriars Road and robbing him—Davis said "I am innocent "—the prosecutor afterwards came to the station in company with another constable and Earl—the prisoners were placed in the dock—the prosecutor pointed to Gray and said "That is the man that threw me down, and the others rifled my pockets"—they made no answer—the prosecutor's right side was covered with dirt; he appeared as if he had fallen or been thrown down—the inspector asked whether he had lost any money—he said "No; I have got plenty of money about me, though," and he pointed to his right side, but did not show any.
Cross-examined. The prosecutor had been drinking, but he knew what he was about very well—the distance from Friar Street to where I saw Gray standing in the door-way was about a 100 yards, or it might be 200—he, was standing outside the place he lives at—I could not see him till I got close to him—I was in uniform—Earl was with me—I did not see the prosecutor till he came to the station.
JOHN CHESWASS . I have recently arrived in this country from Ballarat—I have since been living in York Street, London Road—on the night in question I was in a cab in the Blackfriars Road, about 12.30—I had a
friend with me—I paid the cabman to take him to Charing Cross, and was getting out of the cab on to the pavement when I was attacked by three persons—Gray tried to choke me, and the other two rifled my pockets—this was about ten yards from the cab—I could almost swear to Gray, but not quite—I am positive to him—the other two I could not swear to, but I believe they are the men—they hurt me very much—I was very drunk—they could not get anything, because I never carry anything in my pockets—I am too wide awake for these sort of gentlemen.
Cross-examined. I had been out all the evening—I was very drunk—I did not know who was in my company—I am not aware that I had a young lady in my company—some woman may have picked me up—I don't recollect it—I don't recollect a woman going with me into a coffee-house after this occurrence—she might have done—I would not like to say one way or the other, from the state I was in—I swear positively to Gray, but not to the other two—I believe Gray is the man that knocked me down, but I don't positively swear, and I believe the other two were with him—I don't remember having any discussion or any row with Gray in the street.
WILLIAM HENRY EARL . I am a clerk and live at 4, Longville Road, Newington Butts—on the morning in question, between 12.30 and 1 o'clock, I was going along the Blackfriars Road—I saw the prosecutor there in front of the British coffee-house, and a cab in the roadway—the three prisoners came up and threw the prosecutor down, one caught him by the leg and threw him over, and it appeared to me as if they rifled his pockets—I recognised Gray as he passed me—he was one of the three—I believe he was the one that threw the prosecutor; he was the biggest—the prosecutor; fell right over on his side—I was just crossing Wellington Street, coming towards the British coffee-house, the cabman alarmed them and they ran away, a woman assisted the prosecutor up—he was a little the worse for liquor—in consequence of what the cabman said to me I walked as faras Friar Street, there I saw 129—I said something to him and went with him down some of the back streets, and I saw Gray standing in a doorway as if he did not wish anyone to see him, trying to hide himself—I am quite sure as to him—I saw the other two brought out afterwards, one from his house and one from a court alongside—I should think they are the two—I would I not swear to them, but I can swear to Gray.
Cross-examined. This happened right in front of the coffee-shop—there was only the woman and the cabman there besides, no one else—I believe I stated before the Magistrate that it appeared as if they were rifling his pockets—I saw Gray pull him by the legs and throw him over—I saw the woman afterwards—she went with the prosecutor into the coffee-shop—I could not say whether she had been walking with him before.
WILLIAM RICKMAN (Policeman M 267). A little before 1 o'clock on the morning in question, I was going along Green Street, and saw Davis standing at the door of No. 2, as I passed by he drew back into the room—two or three doors further on I saw Gray and Connolly together at the door of another house—as I passed Gray-spoke to me, and said "It is a fine night"—I said "Yes, a very fine night"—at that instant he said to Connolly I shall go in—at that time two constables came along, Connolly went in and shut the door, Davis did the same—in consequence of something the constables said 129 M came round the corner with Earl—they saw Gray standing in the doorway and went over to him—Earl said "That is one of the men"—I said "If that is one I think I know where the other two are"
—I went to Davis's door and knocked—he did not open it—I said if he did not I should break it open—he then opened it, and the other constable took hold of him—I went to the house where I had seen Connolly go in a mattrass-maker's shop, the door was shut—I pulled it open with a string and found Connolly crouching down amongst some shavings—I brought him outside, put the three prisoners together and Earl said he believed they were the three men—I took hold of Gray to take him to the station—he said We have been working till half-past 11 o'clock'—I said "Yes, but it is nearly 1 o'clock now"—he said "We went to the Adelphi after we left our work"—in another minute he said "We went over to Tooley Street to see my sister"—I said "You told me just now you went to the Adelphi"—he said "So we did, and afterwards to Tooley Street to see my sister"—I said "You have been very quick"—when I first saw Gray and Connolly 1 were together—Davis had no coat or hat on—they were all three on the same side of the street—a few yards apart, about eight or nine, I should think
JOHN PITTMAN (Policeman M 268). I was called by 129 and went down Friar Street and along Green Street—I met 267 coming down—I spoke to him—Gray was found in a doorway—267 said "I know where the others are—we went to No. 2, Green Street—Davis came to the door partly dressed—I land hold of him and said "You must come out here"—he said "I have only just come in" his mother came down stairs and asked what was the matter—he said "I have been in some time"—267 went and fetched the others, and we took them to the station—on the way they said they had been at work together till 11.30, and from there they went to the Adelphi—after that they said they had been to the Sisters at Tooley Street.
Gray's Statement before the Magistrate; "I was in company with this man between 11 and 12 o'clock that night in the Crown, in Blackfriars Road—he went out first with a young woman, he was with me and these two friends, went up to a coffee-stall, and came back to the corner of Wellington Street—this man came up at 12.30 with another young woman—he got into words with me and wanted me to fight right or wrong—he me shoved and I shoved him down."
He also PLEADED GUILTY to a previous conviction in August 1873**— Seven Years' Penal Servitude.
DAVIS and CONNOLLY NOT GUILTY .
373. ELIZA SAWYER (18), PLEADED GUILTY to stealing three pairs of trousers and other goods of William Henry Lowden her master, also to feloniously leading away and detaining William Lowden a child three year and six months old with intent to deprive the father of his possession Tewelve Months' Imprisonment.
375. MATILDA GAIT (18) , to unlawfully enticing away Fanny Mari Bishop, a child eleven years of age, with intent to deprive the father of her possession, also to stealing an order for 5l. 5s., three dresses and other good of Henry Bishop her master in his dwelling house— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
Before Mr. Baron Cleashy.
THOMAS CHARLES ALDRIDGE . I am a boot and shoemaker, living at Great Stanmore, Middlesex—the deceased was my son—on Thursday, 9th April, I was sent for to 40, Hatfield Street—I found him quite insensible and prostrate—he died about 11 o'clock that night—I had seen him on the Monday previous about 4.20—he was then in very good health—I saw him afterwards on that day at my house about 9 o'clock—he then made a com plaint to me—I do not know the prisoner.
GEORGE BARNETT . I am a tailor, living at Great Stanmore—on Easter Monday, 6th April, between 4 and 5 o'clock I was at the Vine public-house—I went into the parlour and saw several men there—the deceased was among them—there were twenty or thirty persons—the deceased appeared to be sober—he might have had something to drink, being holiday time—as I was coming out of the parlour door into the passage I turned round and saw the prisoner and Aldridge behind me—they made use of bad language to each other—I saw them go out of the passage into the front of the house, between the trough and the front door; they commenced fighting—I can't say who gave the first blow—they had a round, I believe, and hugged each other, and they parted, or some one parted them—and Aldridge walked towards the door that leads into the Vine, and Poole stood down by the trough—I did not see any fall before they parted; they got each other over the horse-trough, the back over the trough—Aldridge, I believe, was under, and Poole at the top—when Aldridge walked to wards, the Vine he got as far as the front of the door, and some one spoke to him—I don't know who, and the prisoner made a rush at Aldridge and struck him in the right side of the face, on the jaw—it was a heavy-blow—Aldridge fell down, and the back of his head fell on the doorstep—I saw him lifted up, and he seemed insensible.
Cross-examined. I did not see Aldridge pull the prisoner's nose—he took off his coat as he came along the passage and threw it down—I did not see his head fall against the trough—his back was across the edge of the trough—I don't know that they went with much force against the trough—they rushed into one another—after they separated, Aldridge went towards the public-house, and somebody spoke to him—I could not hear what was said, there was not time to say much, not above three or four seconds.
"By THE COURT. I was between the trough and the house—Aldridge appeared to walk towards the house without any difficulty—I did not notice anything particular about him then.
REUBEN SILLS . I am a journeyman butcher at Great Stanmore—on Easter Monday, about 4 o'clock in the afternoon I was at the Vine—on leaving the bar parlour I saw the prisoner and deceased in the passage, they were using rather bad language—the deceased pulled off his hat and coat in the passage as he went out and threw them down—Poole did not take off his coat—he tucked his sleeves up—when they got out into the street they both started fighting—they both pitched into one another—and they both got across the water-trough—they afterwards parted—Aldridge went towards the door of the Vine, and was speaking to some one there when the prisoner made a rush towards him and hit him in the right jaw—it was a heavy blow—it caused him to fall, and his head caught the door step—I did not hear the prisoner say anything at the time—I afterwards saw Aldridge picked up in an insensible condition.
the prisoner there—the prisoner stepped on the deceased's dog, and the deceased turned round and hit the prisoner on the nose—on that the prisoner said, he should not have any bother there; if he wanted a row, to come outside"—the deceased made no reply to that—they Lad a bit of a scuffle in the passage—and they went out, and I followed them.
THOMAS BATTAMS . I am a labourer at Clay Hill, Bushey—I know the prisoner—on Easter Monday I was at the Vine with him, about 5 o'clock—we did not go into the parlour—I called for a pot of ale, and Poole said, "Let us go into the parlour," we were within about 3 yards of the parlour door—Aldridge said to Poole that he had no business in the parlour—Poole said, he had as much right in the parlour as he had—whilst they were standing in the passage, I saw Aldridge pull Poole's nose and strike him in the face—Poole said, "If that is what you mean, you had better come outside"—I followed them out, and saw them fence at each other outside—I saw them strike one another.
Cross-examined. I saw them at the trough, they had their arms round, each other, and they got down against the trough and got up again, and Poole struck Aldridge again and he fell on the step—I did not see any more of it till he recovered himself; he laid on the ground.
GEORGE WELLS . I am a labourer at Bushey—On Easter Monday, about 5 o'clock in the afternoon I was at the Vine—I saw the prisoner there, he was going towards the parlour door—the deceased would not let him go in, and he hit Poole on the nose in the passage—Poole said "If that is what you mean, you had better come outside"—Aldridge took off his coat, I, followed them out and saw what occurred outside.
Cross-examined. I could not say how fax the trough is from the door—I have seen a waggon go through—I saw them go down against the trough—they both got up again and were ready for fighting again—Aldridge was ready to fight again; he was walking round, coming round ready to fight.
Re-examined. They both went down close against the trough, somebody picked them up—they did not fall over the trough—they got against the trough, that was what I meant when I said they went down—I did not see Aldridge near the door of the public-house speaking to anybody.
EDWIN JONES . I am a surgeon, of 194, Blackfriars Road—I was called in to attend the deceased, at 40, Hatfield Street, on 8th August, virtually it was on the 7th, it was half-an-hour after midnight—he was in bed, partly unconscious, very restless, scarcely able to answer any questions—I concluded that he was suffering from inflammation of the brain, we treated him for that—I saw him again next day in company with Dr. Payne,. a physician—he was then very much worse—he died on Thursday, the 9th—I made a post-mortem examination—there were no marks of external injury—the whole of the organs of the body were perfectly healthy, he did not die from any disease of the organs—on removing the scalp, we found a large quantity of pus effused between the membranes of the brain, and the brain itself, quite sufficient to account for the death—a severe fall on a hard substance would produce the indications I saw—there was no injury to the, skull itself—it was the shock and the inflammation it excited—there was no depression of the bone, no fracture of the skull, merely a violent inflammation set up in the membranes covering the brain—a blow would cause some depression at the moment, and that would cause the inflammation.
Cross-examined. It might result from drink—there was no external
mark on the back of the head, but on removing the scalp the temporal muscle was bruised, that is a muscle lying between the bone and the skin.
Re-examined. There were no symptoms to show that he had drunk to excess—a blow such as would produce the results I have mentioned would be likely to produce insensibility almost immediately afterwards.
By the JURY. If he had been drinking that would render him much more liable to inflammation—I should say that he had been drinking—that is only a conjectural opinion—he was almost totally unconscious when I saw him, which was twenty-four hours after the occurrence—I could not say that a mere shock to the nervous system would set up inflammation and generate pus—I cannot say that it could have arisen from any other cause, except the blow—from the history of the case, I should say that the inflammation was set up, not by the blow, but the fall—he appears to have fallen on a stone—a few days hard drinking would not produce that amount of pus that I found.
GUILTY—Strongly recommended to mercy by the JURY on account of the provocation he received. — Two Months' Imprisonment.
Before Mr. Baron Pollock.
ALLEN JENKINS . I live at 11, Martin Street, Blackfriars—on 2nd: November, between 12 and 1 o'clock a.m., I was in a fish-shop in Friar Street—there was a disturbance outside, and I saw Hawkins lying on the ground bleeding—I went to pick him up, and while I was stooping over him the prisoner struck me twice—after I had assisted Hawkins up; the prisoner challenged me to fight—I asked him what he meant, and he ran away—a few minutes afterwards I was going home with Hawkins, and the prisoner met me and threw this brick (produced) at me—it hit me on my forehead—I staggered; Hawkins ran to catch me, and the prisoner knocked him down—I was taken to the hospital, and had an operation performed under chloroform—he was three or four yards from me when he threw the brick—I recognise the prisoner because I have known him a long time, but I never spoke to him before—I was in the hospital from 2nd November till 9th April—I had not been engaged in the row, I was only passing by.
Prisoner. Q. Did you see me throw the brick.? A. Yes; I never knocked you about or laid a hand on you.
EDWARD HAWKINS . On 2nd November I had a fight with the prisoner, and he knocked me down, kicked me, and ill-used me—Jenkins came up, and the prisoner struck him twice and challenged him to fight—Johnson asked him what he meant, and he ran away and searched for this brick, and came up from behind him and threw it at him—I went to Jenkins, and the prisoner struck me and said "Run, Johnnie, run"—I was not quite sober.
Prisoner. You knocked me down. Witness. It is false; I never struck you at all—my uncle was the first man that was struck—his name is Harris—I told you to put a stop to it—I believe there were others helping you to lack mo when I was down, but you are the only one I know by name.
JOHN CREW . I was putting up some shutters in Friar Street and saw a bother near the eel-shop—I did not see the prisoner then, but about 12.30 I saw him pick a brick up—he put it behind him, walked three or four yards, and heaved it at Jenkins—it struck him on his forehead, and he fell against the wall—the prisoner then knocked the other gentleman down, and then he walked a little way and ran off.
Prisoner. I don't know the boy.
EDWARD HARTLAND (Policeman). On 2nd November, I was in Friar Street, and saw the prisoner in a crowd—when I got up they were? going away—I saw Jenkins standing at the bottom of Friar Street, and saw the prisoner strike him twice—he said something, and the prisoner said, "You b----if I can't beat you one way, I will another"—I went up to Jenkins and saw that he was bleeding from his forehead—I had not seen, the prisoner do anything to him—I picked up this brick and gave it to Jenkins' father, who gave it back to me.
Prisoner. I ran to you and asked you for assistance as I am only a little man, and you said "Go away go away!" Witness. You never spoke to me.
JOHN LASSEY MORLEY . In November last I was house surgeon at Guy's Hospital—Jenkins was admitted there on the morning of February 3rd, suffering from a wound on his forehead about two inches long—I removed a portion of the bone, under chloroform—his life was in danger—on 18th. March, he was put under chloroform again, and another operation was performed for the purpose of closing the wound—this brick would produce' the wound—the bone there is divided into two portions, and the upper layer had to be removed—if the brick had alighted on another part of the skull it would probably have killed him on the spot, great force must have been used.
STEPHEN MERONEY (Detective Officer). I took the prisoner at a public-house in Shoreditch on 19th April—I told him the charge, he said "I don't know anything about it"—I took him to Stones End, and then he said "I know what you want me for, I am guilty." 1
Prisoner. You arrested me and my uncle. Witness. Yes, I was not certain which of you it was—I did not say that I wanted another one if I could get him—I did not ask you what other name you went by—you did not say "I threw no brick"—I did not know you before—I only took you from the description.
The Prisoner's Statement before the Magistrate: "I did not do it."
Prisoner's Defence. I hope you will take it into consideration, that there were three large men on me who call themselves fighting men, as for this"" man he is always fighting drunk. I came home from Deptford, from hard work, and I am to be insulted and knocked down.
GUILTY * on the Second Count— Eighteen Months' Imprisonment.
Before Mr. Recorder.
MR. SIMS conducted the Prosecution; and MR. SLEIGH the Defence.
two men overtook me and walked one on each side of me—one of them made a remark about the play there—I turned and looked at them very hard—when we got to the corner of York Street they threw me against the shutters of a shop and picked my pockets—the prisoner was on my left side—I had 15l. in gold in a purse in one of the pockets of my trousers, and 5l. note in the other—after they had pinned me, I called out "Police!" as loud as I could—a policeman came from the opposite side and followed them round the corner—they ran up York Street—the prisoner was afterwards brought back to me—I said that is one of the men—I was afterwards shown this purse (produced)—it contained the 15l. in gold.
Cross-examined. I waited until the man was brought back by the police-constable—I did not run after them, because I could not—I saw them run away—I lost sight of the prisoner completely for a minute or two—I am sure I had 20l. upon me—I changed a cheque in the morning for 20l.—I did not leave it at home, as I had no one there and I thought it would be safer in my pocket—I saw it safe about 8.30 or 9 o'clock—I was at my niece's from 4 until 11 o'clock on the previous evening—I am sure I had the money safe before I saw the men, because I walked with my hands in my pockets—I had not been into any houses after I left my niece's, and I had only had 2d. worth of gin to drink—I will swear I was perfectly sober—I might have had two or three glasses of gin and water.
Re-examined. I was sober when this happened—I know the prisoner took the purse out of my pocket.
CHARLES PEPPERDAY (Policeman L 201). Between 12 and 1 o'clock on the morning of 29th April I was on duty in London Road, and I heard a cry of "Police!" once—I went in the direction of the cry, and I saw the prisoner and a man not in custody holding the prosecutor up against some shutters—it was a moonlight night—I am sure the prisoner was one of them—I went towards them—the prisoner was the first to run away—he was about five or six yards in front of the other man, as they were running down York Street—I followed them and sprang my rattle—they turned up London Street, and I lost sight of them—com York Street into London Street is only about 40 yards, and that was the only time I lost sight of them—I saw the prisoner again in London Road in custody of 129 H—altogether that was not two minutes and a half from the time they started—when I got up to him and said "This is the one," he said "You have made a mistake; I only ran because the others ran"—we took him up York Street—the prosecutor identified him at once, and charged him with stealing two purses out of his pocket, one containing 15l., and the other a 5l. note—the prisoner said at the station "I can easily clear myself"—he gave his name William Williams.
Cross-examined. At the time the prosecutor was pinned against the shutters there were no other people about—when I first saw them they were about 140 yards from me—I said at the police court "I was about 250 yards off when I heard the prosecutor call 'Police!' and the closest I got to the prisoner was about 150 yards"—the prosecutor was very much excited—I said at the police court that he was a little the worse for drink—I did not hear the Magistrate order him out of court and tell him he had been drinking—he was very much excited and he was ordered out of court because he had his hands in his pockets—he was not put in the cells, he went away of his own accord and came back again at 1 o'clock.
Re-examined. After having given the distances at the Police Court, I went and measured them—it was 140 and not 150 yards from the place where I first saw them, and 90 yards was the nearest I got to the prisoner—the prosecutor was not drunk—he might have had some drink.
BENJAMIN POLLEYN (Policeman M 129). While on duty in the London, Road about 12.45 on the morning of 29th April, I heard cries of "Police!"—I proceeded towards the Elephant and Castle a distance of about 200 or 300 yards before I got up to the corner of London Street, London Road—I heard a rattle sprung directly I got to the corner, and the prisoner and a man not in custody came rushing up to the carmen—I got hold of them both and said, "What are you running for?"—I got no reply, and they got away from me—I pursued the prisoner about 30 or 40 yards, and caught him—I do not know which way the other man went—Pepperday then came up and said, "That is the man, hold him! I believe he has, robbed a man up in York Street"—the prisoner said nothing to that—we took him back to the prosecutor who identified him and charged him with stealing his money—we took him to the station—he was searched, and 4s. 6d. and 1 1/2 d. was found upon him—I afterwards went over the ground at 4 o'clock in the morning in company of two other constables, and I found this purse there in the condition in which it is now—this part of it I found first lying about thirty yards from the London Road, on the right hand side of the street, in the gutter—the other part of it was very near the place where I first got hold of him, in London Street.
Cross-examined. I heard the prosecutor give his evidence at the Police Court, and say that he was a commercial traveller out of employment.
Prisoner's Defence. I was very drunk at the time; the doctor can prove it.
GUILTY **— Eighteen Months' Imprisonment.
Before Robert Malcolm Kerr, Esg;.
379. CHARLES DORRETT (26), PLEADED GUILTY to three indictments; for forging and uttering cheques for the payment of 16l. 10s., 52l. 10s., and, 87l. 10s. with intent to defraud— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. BUCK conducted the Prosecution.
GEORGE GARDNER . I live at 24, Bond Street, Commercial Road, and am a tailor—on the night of 16th April, I was walking at the top of the New, Cut, by Westminster Road, between 9 and 10 o'clock—the prisoner passed close by me and with both his hands he snapped my chain—he left part of it hanging and ran away with my watch—I ran after him and called "Stop thief!"—he turned down York Street, and when I came up with him he was in the custody of the police—I only lost sight of him for about two minutes—I charged him—he said "There is the watch," and the policeman took it, from him—this is it (produced).
Cross-examined by the Prisoner. I could not swear to your face, but I am; pretty positive you are the chap that took my watch—I only lost sight of you momentarily.
Lower Marsh, Lambeth, about 9.30 on Tuesday, 16th April, the prisoner and four men came into my shop—they were in and out of the shop—the prisoner went out as the prosecutor was passing and hit him and knocked; him up against a box of eggs I had got in the gutter, and pulled the watch out of his pocket—it was done in a moment, and he was off into the road—I followed the prisoner a moment afterwards and found him in the custody of a constable—the man who took the watch was the same man I saw in custody.
Cross-examined by the Prisoner. I swear you were one of the fire men that came into my shop—you turned down York Street, and I lost sight of you as you turned the corner.
DONALD MOLLOY (Policeman L 209). I saw the prisoner running in York Street, pursued by a crowd—I caught him—he was going very fast—this watch was given me by a boy named Owen—the prosecutor came up and charged him with robbing him of his watch—it took several constables to take the prisoner to the station.
He also PLEADED GUILTY to having been before convicted in
September, 1873— Twelve Months' Imprisonment.
LLOYD PLEADED GUILTY — Nine Months' Imprisonment.
MESSRS. POLAND and PLOWDEN conducted the Prosecution.
ELIZABETH BROWN . I keep the Spread Eagle, Pratt Street, Lambeth—on; the night of 20th April, about 10.30, Newton came in for 1d. worth of tobacco and tendered a bad shilling in payment—I tried to break it at once—he asked me not to break it as he had just taken it, and he would get it changed if I did not break it—I gave it him back and he gave back the tobacco and left—I believe this (produced) is the same shilling—I saw him; at the police-station the same night a little after 11 o'clock.
ABRAHAM BUNTON (Policeman L 128). On the night of 20th April, just before 11 o'clock, I was in the Westminster Road—a woman called my attention to the prisoners, who were together on the opposite side of the road—it was about a quarter of a mile from the Spread Eagle—I saw Newton and Lloyd looking into the Dover Castle public-house, and Mead crossed on towards the opposite side of the way and halted in the middle of the road—he then went towards the Crown and Cushion and waited for a second, the others crossed the road and joined him, and they all three went into the Crown and Cushion—I called two other constables, and we went in and took them all in custody—I found on Newton a good sixpence and 7d. in copper;—he said, he wished he had not met the others.
DANIEL ARCHER (Policeman L R 4). I took Mead and searched him, and found this bad bent shilling on him—he said that he found it in the Westminster Bridge Road on the Saturday—I found two good sixpences and 1 1/2 d.
Mead. I told a falsehood for the purpose of being let go—I did not know it was bad when Newton gave it to me—I put it in my pocket for a curiosity.
CHARLES MILLMAN (Policeman L 127). I took Lloyd at the Crown and Cushion, searched him and found three packets in the lining of his coat behind, containing sixteen counterfeit shillings, with tissue paper between them, and a rag round them—I also found a good sixpence and 6 1/2 d. in copper.
Mead's Defence, I did not know it was bad money—I did not know that, Lloyd had the 16s. in his possession.
Newton's Defence. I did not know the shilling was bad when I went in for the tobacco.
MEAD and NEWTON— GUILTY — Nine Months' Imprisonment each.
ADJOURNED TO MONDAY, 8TH JUNE, 1874.