CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 13TH, 1874.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 13th, 1874, and following days,
BEFORE THE RIGHT HON. ANDREW LUSK, M.P., LORD MAYOR of the City of London; The Right Hon. Sir ALEXANDER JAMES COCKBURN , Knt., Lord Chief Justice of the Court of Queen's Bench; Sir ROBERT WALTER CARDEN , Knt., Sir WILLIAM ANDERSON ROSE , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., WILLIAM FERNELEY ALLEN, Esq., and ROBERT BESLEY , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CHARLES WHETHAM, Esq., Alderman.
CENTRAL CRIMINAL COURT.
LUSK, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 13th, 1874.
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution; and MR. F.H. LEWIS the Defence. In this case, the Jury, being unable to agree, were discharged without giving a verdict; and on the following day, Mr. Straight offering no evidence on the indictment, the Prisoner was Acquitted.
453. THOMAS ATKINSON (36) , PLEADED GUILTY to stealing a purse and 5s. 6d. in money, the property of Desire Ernonitt, from her person, having been before convicted in April, 1863.**— Ten Years' Penal Servitude.
MR. HARMSWORTH conducted the Prosecution.
DR. WILLIAM BLASSON . I am a Member of the Royal College of Surgeons—on the morning of 9th June, a child, Alice Irish, was shown to me at Hendon Union, and I examined her very carefully—there was no actual state of disease that one could detect, but it was in an extremely emaciated condition, and extremely feeble in consequence of the emaciation—the actual state of the child was a state of inanition—it was not properly nourished—I use the word inanition in direct opposition to the word nutrition—her state was brought about from the want of nutrition—the organs were quite healthy; there was no disease—I made a post-mortem examination on 15th June—the actual state of the child was emaciation from the want of nutrition—there are several conditions that will bring about a state of inanition, the one is depriving it of food, or the food being of an improper kind—sour milk would be next door to poison to a child.
ESTHER TODD . I am a laundress, and live at 18, Brown Street, Edgware Road—on 4th June I went to the prisoner's lodging, at 16, Pembroke Road, Kilburn—I found her very tipsy, on the bed—I spoke to her, but she could hardly answer me—I said "Where is the baby?" and she pointed
—I saw something moving in the corner of the room, and I went across, and it was a poor little baby, very emaciated in every respect—it was lying on a little box—it had no bed under it; it had some rags over it—I took it over to the chemist's, and then I saw the policeman, and went to the station with it—the doctor carue while I was there, and I undressed the child, and it was weighed—the weight was 6 pounds—she ate ravenously of some bread and butter, and drank some milk—I took the child to the infirmary, and delivered it to one of the officials there.
JAMES BILHAM . I am a divisional surgeon of police—on 4th June I was taken to the Kilburn police-station—I saw the last witness there with a baby in a very emaciated condition and in a very filthy state, almost dying—I gave it some food, which it partook of, and after a lapse of about two hours and a half, I ordered its removal to the nearest infirmary, and I believe the last witness carried it there—the state of emaciation must have arisen partly from the disease of the mesenteric glands of the bowels and partly from the want of proper food, together with cleanliness and air, &c.—the child weighed 6 pounds; a child of nine months old ought to weigh more like 16 pounds—the average weight at birth is 7 1/2 to 8 pounds—I visited it subsequently at the Paddington Infirmary—I saw it three times there—it was taken proper care of there.
JURY. Q. What is the inducing cause of mesenteric disease? A. It generally arises from want of breast milk in the first place, then it goes on two or three stages—people feed babies with improper food, such as farinaceous food, and sour milk, and broth, and all those things, which are improper for young babies—milk and water and sugar is the proper food for babies if they can't have breast milk—sour milk would help to kill a baby—I saw the child afterwards—there were appearances of mesenteric disease then.
DR. ROBERT EDWARD GAYE . I am medical officer at Paddington Work-house—on 4th June the child Alice Irish was admitted to the infirmary there—my first visit to it was on Friday morning, the 5th—I found it in a very emaciated condition, and a great deal of tumefaction about the bowels—it was in a very emaciated and reduced condition, and rather small throughout in the limbs—that was caused by want of proper food—I have had another case of the same kind in the same ward at the same time—the child was not so far reduced but what I had hopes of its getting better, but I could not possibly say—we have very many cases that do not get better—its health was impaired by the weak state it was in—the proper food for a child in the absence of mother's milk is cow's milk and sugar—sour milk would certainly prejudice a child's health—it was subsequently removed from my care, and I did not see it afterwards.
THOMAS FLEWIN (Detective Officer X). On 4th June last, about 7 o'clock in the evening, I went to 16, Pembroke Road, Kilburn—I found the prisoner drunk in bed—I told her I was a police-officer, and was about to take her into custody for neglecting to provide proper food and nourishment to a child, Alice Irish—she made no reply—I asked her if she had any food in the house—she pointed to a tin, which contained about two tablespoon-fuls of sour milk—I called her attention to it, and she said that was what the child had been feeding on—there was no bed or bedding in the room—I asked her which was the baby's bed, and she pointed to a box in the corner—there was no bedding for the child at all; only rags, in a very dirty condition.
ALICE IRISH . On 13th August last I was delivered of a child, and I was for some time an inmate of a Maternity Institution in the Marylebone Road—I went to service in January last, and left the child with the prisoner—I arranged the terms with her—I was to pay her 13s. 4d. a month, and there was an arrangement with the Institution as well—I saw the woman afterwards, and paid her from time to time the sums agreed upon—she had 1l. a month; I paid 13s. 4d., and the Institution made up the remainder—when I handed the child over to the prisoner's care it was in good health, but it was very thin—I saw it last on the Sunday as it was taken up on the Thursday—I went to the prisoner's house to see it—I had not heard anything then that induced me to go—I asked the prisoner several times to allow me to see the child at the house—the husband, when he came for the money, made the" excuse and said his wife had a bad foot, and could not come—her husband used to come to me for the money—I had seen the child at the prisoner's house—the last time I saw it, it was in a very dirty state, and looked very bad—I did not speak to her on the subject—I spoke to somebody afterwards, and then it was that Esther Todd went up—I did not see the child at the Infirmary; I saw it at the Court, and afterwards at Hendon, when it was dead—I have the receipts for the money which I paid, signed by the husband—I paid the money twice to the prisoner—when I saw the child on the Sunday in a bad state, I did not say anything to the prisoner about it—I was not satisfied about it—my mistress sent Esther Todd there—I spoke to my mistress about it.
JURY. Q. Did you visit the room where the child slept? A. Yes—I did not think it was in a fit state—I did not see whether there was a bed or not—I could not tell you how many times I went to see the child—I went several times—the room was in the same condition each time—the prisoner was drunk on the Sunday, the last time I went, and she showed me a shawl all over blood—I always found her sober when I went before—what I saw there was appearance of plenty of food—they were at dinner when I went—there was no appearance of want.
ELLEN ALLSOPP . I am the matron of the Home for the Protection of Females in the Marylebone Road—the last witness was an inmate for some time with her child—I knew of the arrangement entered into between the mother of our Institution as to the nursing of the child by the prisoner, the terms were 5s. a week—the mother I placed in service at 8l. a year, and the Institution funds made up the deficiency of that payment, and the payments were made monthly—when the child was handed over to the prisoner she was in good health, but was never a fat strong child—I saw the child a week after the prisoner had it—it then looked sprightly and better than most children do after being taken from the mother—the last time I saw it was in May—it was brought to the Institution—it was in a very bad state then—I should not have known the child it was so altered, so emaciated—it looked as if it was starved—I said to the prisoner "The child looks a miserable little creature"—she said would I weigh it? she thought it was heavier than it was when she had it—I did not weigh it myself but the sub-matron did so, and she said "Well, the child does feel heavier"—what was the cause I don't know—it was clean that day—I never saw it at the prisoner's house—I did not see the child after that.
By THE COURT. I let the mother see the nurses who apply to me to nurse children to see if she approves of the woman, and if she approves of her the child is placed under the care of that person, and all I have to do
is to make up the payments—the prisoner was recommended to me by a nurse who had a child of ours and did a very good mother's part to the child, and she brought the prisoner to the Institution saying she was a woman who had no children of her own and the wife of an artisan, and she thought she could do a good part by it—I told the prisoner the child looked very bad, and she said it had not been very well, and had been under the doctor's treatment—I can't say that it struck me at the time that it was improperly nourished, because children will fall away from illness—she looked very much drawn and like a living skeleton—from what has occurred since I should think she was weighted with clothes or something of that kind—we don't go to the places where the children are, we think the mothers are the proper persons and we make an arrangement with the lady that they shall go once a month or as often as the lady will allow them to go and see the children, and generally speaking the ladies are very kind in allowing it.
EDWARD ROBERT JUDD . I am the relieving officer at Hendon—on 8th June I went to Paddington Infermary and received from there a child named Alice Irish—I had a paid nurse with me—care was taken of it during the journey—on the 12th June I took it to the Police Court in a cab with two nurses—it was wrapped up carefully and care taken of it.
MARY GIBBS . I am a laundress, living at Park Place, Kilburn—on 8th. June, I went with Mr. Judd to Paddington Infirmary, and received a child there—I act occasionally as nurse—we took it in a cab to Hendon—I took proper care of it, and left it at the Hendon Union.
FRANCIS FARLEY . I am nurse at the Hendon Union—on 8th June the child Alice Irish was brought to me by the last witness—during the time it was in the Union it was well attended to—it died on the 14th—it was weak and low when it was brought in, and I attribute that state to want of proper nourishment.
GUILTY — Six Months' Imprisonment.
MR. LANGFORD conducted the Prosecution.
WILLIAM CULLICK . I live at 8, Gill Street, Limehouse—on the morning of 19th June I was in bed, and about 4 o'clock I was awoke by my wife—I lay still for a few moments, and heard someone go up to the first floor front room, which was empty—I slept on the ground floor—I went upstairs and found the prisoner—she was placing something underneath her shawl, and pulling her shawl over it—I don't know what it was—I asked her what brought her there, and she replied, "I strolled in while I had a little beer"—I went downstairs, and she followed me on to the stairs, and asked to be let out—I said "Yes, when I have got an officer, and see what you have underneath your shawl"—she did not appear to be drunk—my son closed the house up before he went to-bed—these things (produced) are my property—I last saw this table cover in the yard on the lines the night before—these are my two sons' coats—they were taken off the boys' bed—when they went to-bed they put them on the bed—I found the coats afterwards in the passage, and this sheet was rolled up on the dust-heap.
WALTER CULLICK . I live with my father at 8, Gill Street, Limehouse—I shut up the house on the night of 18th June—I came in about 10.30, and bolted the door in my mother's presence—there was no fastening on
the back door, but I closed that door when I came in—anyone could push the door open and walk in—I went to bed at 10.30, and I placed ray coat and my brother's coat on my feet—my father woke me at 4.45 on the Friday morning, and I found my coat was gone—I went and got a policeman.
Prisoner. I went into the front door and went to sleep. Witness. I had bolted the front door.
MARTHA CULLICK . I am the wife of William Cullick—I saw my son bolt the front door before he went to bed—there was no fastening on the back door—when I went to-bed the table cloth and shirt were safe on the line in the yard, which was at the back of the house—when I came down in the morning the back door was open.
ELIZABETH FINERAN . I lodge in Mr. Cullick's house—on the morning of 19th June I woke up at 4 o'clock, and looked out of the window, and saw the prisoner in the yard, taking something off the line—I was dressing myself to come out and give an alarm, and she came upstairs—she came in by the back door—there is a dust-heap in the corner of the yard—after the prisoner had come up she went downstairs, and asked for a drink of water, and she went into the yard and took the things from her shawl, and threw them on the dust-heap.
EDWARD STONEHAM (Policeman K 559). I was called to Mr. Cullick's house, and found him and the prisoner in the passage—I saw the two coats and table cover in the passage and the shirt on the dust-heap—I told her the charge, and took her to the station—she said she did not touch anything—she said she had come in the house to sleep; she did not touch anything, and wished them to forgive her.
The Prisoner in her defence stated, that she was drunk the night before, and went into the house between 7 and 8 o'clock in the evening, and must have gone to sleep in the empty room, but that she had no intention to steal anything.
GUILTY — Three Months' Imprisonment.
NEW COURT.—Monday, July 13th, 1873.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution; and MR. BESLEY the Defence.
MARY ANN DOUBLE . I am barmaid at Blanchard's, Regent Street—on Tuesday evening, 31st March, about 11 o'clock, I served the prisoner with two cigars—he gave mo a half-sovereign—it did not sound right, and I handed it to Miss Tibbett, and saw her hand it to a constable—she is not here.
Cross-examined. I think it was on a Thursday, but am not certain, nor' do I recollect what day of the month it was—it was some time ago.
MICHAEL GREGORY (Policeman C 98). On Tuesday night, 31st March, about 11 o'clock or 11.30, the last witness gave the prisoner into my charge for giving her a bad half-sovereign—I asked him where he got it; he said that he could not tell—I asked him if he had got any more money upon him—he said "Yes," and I found a good half-sovereign upon him—he gave his name next morning, "George Taylor"—I took him before a Magistrate—he was remanded till the next day, and then discharged—I left the half-sovereign
with the sergeant on duty, Sergeant Moseley, who is here, and when I called for it this morning I could not get it.
Cross-examined. Tuesday was the 31st March—the prisoner did not say that he had received change for a half-sovereign and produce the other half-sovereign, but I found a good half-sovereign on him.
COURT. Q. Did you show it to anybody at the Indictment Office? A. Yes, to the solicitor to the Mint.
HARRIETT WILLIAMS . I am assistant to Mr. Bond, a perfumer, of Oxford Street—on 23rd May I sold the prisoner a shilling packet of soap—he gave me a florin—I gave it to Mr. Bond, gave the prisoner the change, and he left.
Cross-examined. Nothing was said to him, but Mr. Bond walked out after him.
CHARLES BOND . I am a perfumer, of 239, Oxford Street—I saw the prisoner at the counter, and my shopwoman gave me a florin, and said "I think this is a bad one"—while I was examining it the prisoner left—I followed him, and said "You have been in Mr. Bond's shop, have not you?"—he said "Yes, to get some soap"—I said "You gave a bad 2s. piece"—he said "Oh, have I? If I have I will give you another," and handed me a good one—I said "I don't think I shall be doing my duty if I don't give you in charge"—he said "It will be a very considerable inconvenience"—I said "Come with me, and we will see the policeman"—we went to a policeman, and I asked him if he knew him—he said "No," and asked his name and address—he gave his name "Calthorpe," somewhere at New Cross—I said "That is enough," and gave him in charge with the florin.
Cross-examined. He was three or four doors from the shop when I spoke to him, and it was not so much as 300 or 400 yards to the policeman—he walked with me the whole way.
ROBERT WHEELER (Policeman D R 26). The prisoner was given into my custody, and I received this florin from Mr. Bond—I found on the prisoner a half-crown, two florins, a shilling, and a penny, all good.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—this florin is bad—I remember the officer showing me a half-sovereign in the Indictment Office last Session—I examined it and found it bad.
NOT GUILTY .
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
JAMES HOBBS . I keep the Tredegar Arms, North Bow—on 20th June I served the prisoner with a pint of ale—he tendered a florin—I sounded it on the counter, felt it, and said to my brother-in-law in the prisoner's hearing, "I think this is bad"—I bit it, and told the prisoner it was bad"—he said "Is it? I am very sorry; my wife has just been to a butcher's shop, and must have got it in change. I will go away, if you will let me, and come back and pay for the beer"—I gave it to him; he went out, and I let the beer stand ten minutes, but he did not return—about half an hour afterwards a policeman came in with young Two cock, and gave me information, and on the next night, Sunday, I went to the station and identified the prisoner—I was shown a florin at Worship Street Police Court—it was not the one which the prisoner had attempted to pass on me.
with a florin—Mr. Hobbs handed it to me—I sounded it and bent it nearly double with my teeth—the constable afterwards showed me a florin that was not the one I bent.
ROBERT TWOCOCK . I am a carpenter of Clay Hall, Old Ford Road—I was in the Tredegar Arms, on this Saturday night and saw the prisoner served—as I went home I called at the Caledonian Arms, which is about a quarter of a mile from Hobbs' house—the prisoner came in there and Mrs. McKenzie served him—he gave her a florin and she gave him 1s. 10d. change—he asked me to drink with him and I refused—after he left I asked to be allowed to look at the coin—I bent it and found it was bad—I went out and saw the prisoner walking with another man not far off—the man who serves behind the bar said that he had given him a bad florin at the Caledonian—the prisoner said nothing—the other man went away.
CAROLINE MARY McKENZIE . I manage the Caledonian public-house, Bow—on 20th June about 10 o'clock I served the prisoner with a pint of ale—he gave me a florin and I gave him 1s. 10d. change and put the florin in a glass in which there was a half-crown and a shilling but no other florin, I had not one—I afterwards found the florin in the glass and gave it to Two cock, who bent it and I bent it more—he went out and came back with the prisoner—I told the prisoner that he had passed a bad florin—he said that he was sorry, that his wife had got it and that he was a poor man—I asked him for the 1s. 10d.—he did not give it to me—I gave him in charge with the bad florin.
THOMAS BROWN (Policeman K R 24.) The prisoner was given into my charge and Mr. McKenzie gave me this florin—I asked the prisoner for the change—he said that he had to work for his money and was not going to give good money away—I took him to the station and found on him 1 1/2 d.—I showed the florin to Hobbs and Fry—I told the prisoner the charge he made no answer.
Prisoner's Defence. A man who receives his money weekly is not a judge of money; no working man will throw away a florin. He gave me the chance to take it away and I took it to see if it was bad elsewhere. It is the same coin.
GUILTY . He was further charged with a previous conviction of a like offence at this Court in May, 1871, to which he
PLEADED GUILTY**— Five Years' Penal Servitude.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
GEORGE CRAWFORD . I am barman to Mr. Cleighton of the Coach and Horses, Strand—on 25th June about 10 o'clock at night, I served the prisoner with half a pint of half-and-half which came to 1d. he put down a florin—I told him it was bad—he said that he did not know it—I handed the coin to my master who went for a policeman—the prisoner ran out—I ran after him, caught him, and brought him back, and my master gave him in custody—in trying the coin I bent it—my master gave it to the policeman.
custody with this coin—I found another bad florin on him at the station, in a pocket by itself, and 1s. 10d. in good money—I said "This is another one"—he said "Is it?"—he was sober.
Prisoner's Defence. I changed a half-sovereign at a public-house to pay for some fish baskets, and received four florins in change. I paid away two of them for the baskets, went to the Coach and Horses, put one of the florins down, and it was bad. I was given in charge, and the policeman found the other florin on me.
GUILTY — Six Months' Imprisonment.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
SARAH ANN MALLOW . I am married, and live at 8, Parker Street, Drury Lane—on 27th June, about 2 o'clock a.m., the prisoner accosted me in Brook Street, Holborn, and asked me where he could get a lodging—I showed him a coffee-house, and he said "You can't get no woman there"—he followed me, gave me a florin, and asked me to go with him to a house in Holborn Buildings—I put it in my mouth, bent it, and found it was bad—I told him it was bad, and he said "Rather than wrong you I will give you another," and took out a handful from his pocket, and offered me another, but I did not take it—I said "You had better come down to a policeman"—he used bad language, and tried to take the bad florin out of my hand—I called a constable, and gave him in charge with the coin—I then saw him throw something away, and heard the jink of money in the area of a house in Furnival's Inn.
Prisoner. Q. Did you tell the Magistrate that I had more bad money on me? A. Yes; you took out some money and some of it being in blue paper, I suspected it.
FRANCIS RUSSELL (City Policeman 320). On 27th June, about 2.30 a.m., the last witness gave me a bad florin, and pointed to the prisoner—I walked after him, and when I was going to catch hold of him, he took something from his trousers pocket, and threw it into an area in Furnival's Inn—it jingled like money—I left a policeman to watch the area, and took the prisoner to the station, and found a good half-sovereign in his boots, and 7s. in silver, and 1s. 6d. in copper, in his pocket, all good—I afterwards went to the area, and found five counterfeit florins, with a small piece of paper laid between two of them—the policeman was still there when I came back.
JOHN ALLEN . I was present when Russell took the prisoner—he told me that he had thrown something down an area—I kept my eye on the spot he pointed out till he came back—I then saw him find this packet with five florins in it.
Prisoner's Defence. I had come from Birmingham, and had 18s. 6d. in good money on me. I was trying to find out where I lodged the night before, but I do not know a street in London. I told her I would give her something if she would find me a lodging. I suspected she wanted to rob me which is the reason I put the half-sovereign in my boot. I never had bad money in my life.
GUILTY — Nine Months' Imprisonment.
MESSRS. POLAND and BEASLEY conducted the, Prosecution.
JOSEPH JACOBI (Policeman). On the night of June 7th, about 10.30, I was on duty in Holborn—I had been observing a lot of disorderly boys and girls for half an hour, outside Featherstone Reuts—they were pushing one another about, to the great inconvenience of the foot passengers—I had attempted to disperse them two or three times—I crossed the road to disperse some big lads and girls, and saw the prisoner throw something along Holborn, and immediately after that I heard a crack, as though glass had been struck—the prisoner ran away to Fulwood's Rents, and crouched down on his knees behind some people who were standing at the corner—he put his head round the corner, peeping in the direction in which he had thrown—I went up to him, and told him I should detain him till I ascertained whether he had done any damage—he threw himself out of my hands on to the pavement, and began swearing, and said "I will stab your b----y----"—I did not catch the last word—he then delivered a violent blow on my right shoulder, and I lost the use of this arm instantly, and felt a very sharp pain in my side—a minute or two after that the sergeant called my attention to a large cut in the collar of my coat, 4 or 5 inches' long, and then I found I had been stabbed—I put my hand under my coat, and found a flow of blood—I was taken to King's College Hospital, and remained there till the 29th—I described the prisoner to Moran—he was brought in among others the same night, and I identified him immediately—I did not know him before—he appeared sober, but I only saw him for half a minute.
JAMES MURRAY . I am a costermonger, of Fox Court—on the night of 7th June I saw the prisoner throw himself out of Jacobi's arms, at the corner of Fulwood's Rents, and make towards a lodging house—I followed him—he threw himself on a table, and said that he had done it—a man in the kitchen asked him what he had done—he said that he had stabbed him—I saw this knife picked up open; there was no blood on it—I had seen him in that house about 7 o'clock; he was in a row about something, and was mad—he was sober when he was taken two hours afterwards—a lot of policemen came up, and of course they took the wrong man.
JAMES MORAN (Police Sergeant E). On 7th June, about 10.30 or 11 o'clock, I was on duty, and saw a crowd at Fulwood's Rents—I went up to Jacobi, and asked him the cause of it—I then saw a cut on his coat, and called his attention to it—he put his hand in, and I saw blood on his fingers—he appeared very weak, and I saw him removed at once to King's College Hospital—he afterwards described a person who he said had done it, and I went and found" the prisoner at Fulwood's Rents, and apprehended him—I told him it was for cutting and wounding police-constable Jacobi—he made no answer.
WILLIAM LEWIS . I am a bill-poster, of 20, Fulwood's Rents—this is my knife—I lent it to the prisoner at 10 o'clock or 10.30, to cut up some food with—I did not sec that he had any food—he was going to-bed, and said that he would give it to me in the morning—he had had a drop of liquor, but did not seem very bad.
HENRY ARCHIBALD DELATOUR . I am house-surgeon at King's College Hospital—I examined Jacobi, and found an incised punctured wound on the left side of his neck, an inch and a half above the collar-bone, penetrating
an inch and a half or two inches—this hole in the coat exactly corresponds with it—it went near one of the large arteries, and also to the external jugular vein—it had the effect of paralysing his arm, and it is still paralysed—his life was in great danger, and I am not sure whether he is safe now—this knife would produce the wound—he was not able to attend before the Magistrate till the end of June—he was in the hospital three weeks.
Prisoner's Defence. I don't recollect seeing this constable. I have been in Calcutta General Hospital insensible for some time, and also in Singapore, for pains in my head.
GUILTY — Eighteen Months' Imprisonment.
OLD COURT.—Tuesday, July 14th, 1874.
Before Mr. Recorder.
There was another indictment against the Prisoner for feloniously causing a false entry to be inserted in a register of marriages, upon which no evidence was offered.
MR. RIBTON conducted the Prosecution; and MR. BESLEY the Defence.
CHARLES PAPWORTH . I am a porter, and live at 17, Rushton Street, Old Ford—on 3rd July, between 12 and 1 o'clock, I was in Bishopsgate Street, going home—I was walking along, taking no notice of anyone; as I got just against Sun Street there were three men; one of them spoke to me, I took no notice, and all at once the three came and collared me—they knocked my hat over my eyes—the prisoner struck me just above the eye—the other two were holding me, and one of them picked my pocket of my purse and 3l. 18s.—I don't know which it was—the police came up; the other two ran away—there was one man looking out—I got hold of the prisoner, and held him till the policeman came and took him into custody.
Cross-examined. It lasted a very few minutes—it was not dark—I had come from the George public-house, Aldermanbury—I was rather the worse for liquor—there were four men altogether, one looking out and the other three came to me—I did not call out at all—the prisoner was taken from me as I stood—the policeman stated at the station that there were four men, and I corrected him and said there were three—only three came to me—I only saw two run away.
Re-examined. I was not drunk; I was sensible enough to know what I was doing.
ARTHUR HAYNES . I am an assistant in the Post Office, and live in Aldersgate Buildings—on the morning of 3rd July, between 12 and 1 o'clock, I was in Bishopsgate Street, with a person named Nightingale and a young girl, a neighbour—I saw the prisoner and two others coming from the direction of the City and going towards Shoreditch—one of them separated and went over to Brushfield Street—when I next saw the three they were scuffling with the prosecutor—the prisoner is one of the three; I am certain of him—the other two were holding the prosecutor's arms, and the prisoner was in the middle—he placed his left hand in the prosecutor's right trousers pocket—the prosecutor was struggling with him, trying to get him away—
his pocket came inside out, and a few halfpence fell on the ground—the policeman came running round the corner—the two men got away—the policeman caught hold of two of them, but one got away—he kept the prisoner.
Cross-examined. There were three altogether when I first saw them, walking along, singing—I only saw three concerned in it—I was not the worse for liquor—I was about 4 yards from them when they met the prosecutor—it was done very quickly; I never saw anything done so quickly—I followed the prisoner and the policeman to the station, and was called in—I never lost sight of the prisoner.
ROSE CORDELIA TRACEY . I live with my parents at 6, Aldersgate Street—I was with Haynes and Nightingale on 3rd July, after 12 o'clock, going home—I saw the prisoner and two other young men coming along from the City, singing—when they got opposite Brush-field Street, one left, and went down Brushfield Street—the other two walked on towards Shoreditch—the prisoner was one of the two; I am sure of that—I saw the prosecutor coming along towards the City—the two men whistled to the young man that had left and went across the road, and the other one joined them, and they came along arm-in-arm, went up to the prosecutor, and touched him on the shoulder, and said "What cheer, old pal?"—one of them hit him on the hat, two held his hands and arms, and the prisoner put his hand in his pocket and took out his purse, and his pocket was turned inside out—I was not 6 yards from them—I picked up a penny, and gave it to the constable—the other two got away.
Cross-examined. I saw four men altogether; one went down Brushfield Street, and the other three went up to the prosecutor—he was going towards the City and they were going towards Shoreditch—he was struck on the hat, and knocked down in the struggle—they hustled him about—I am positive it was the prisoner that put his hand in his pocket—he was not on the ground then; he was afterwards.
ALFRED GODDARD (City Policeman 876). On 3rd July, about 1.20, I was in Bishopsgate Street, about 100 or 150 yards from where this took place—I heard a noise and the fall of money—I went towards it, and saw three men hustling on the footway, and when I got up, one man, who is not in custody, was trying to get the prisoner out of the grasp of the prosecutor—the prosecutor had got hold of his coat—the man just managed to rescue the prisoner as I got up—I made a grab at him, but he ducked and got away—I seized the prisoner as he was coming from the prosecutor—he said "Hulloa, old man! I have done nothing"—I said "Well, if you have done nothing, just wait a few minutes"—the prosecutor came up, and said he had lost his purse with 3l. odd in it, and the prisoner had taken it—I said to the prisoner "What do you think of that now?"—he said he knew nothing about it—he was taken to the station and searched, and 4s. 6d. in silver and 6d. in copper was found on him—he was asked for his name and address, but he refused it—he gave the name of Edwards at the Police Court, but no address—his coat-flap was torn, and only hung by a little bit.
Cross-examined. The prisoner was not a yard from the prosecutor when I seized him—another policeman who is not here came up in a few seconds.
CHARLES SPINNEY (City Policeman 883). On the morning of the 3rd I found this purse (produced) in Bishopsgate Street, near Angel Alley, about 20 yards from where the robbery took place—I took it to the prosecutor, and he identified it.
GUILTY **— Seven Years' Penal Servitude.
MR. PLATT conducted the Prosecution.
MARTHA MARRIOTT . I am single, and live at 21, Queen's Road, Dalston—one of these sewing machines produced belongs to me, and the other to my sister—they are worth five guineas each—this cloak and towel are mine—they were safe in my kitchen at 11.30 on the Sunday night—I missed them at 8 o'clock on Monday morning—Garlick is my nephew—the only way that I can think of by which an entrance was made was by the coalhole grating; that lifts up—they would then come to a door which was latched hut not bolted—I shut that door myself at 11.30 on the Sunday night; I found it open when I came down in the morning.
JAMES CATCHPOLE (Policeman G 246). About,5.45 on the morning of the 22nd I met the prisoners in Old Street—Denby was carrying this basket—I stopped them, and asked what they had got—Denby said they were painters and they were their tools, and they were going to work in St. John Street, Clerkenwell—he dropped the basket off his shoulder on to the pavement—I took the prisoners to the station, and examined the basket, and found it contained these articles.
Denby's Statement before the Magistrate: "I was getting ready to go out with my blacking box. Garlick said to me, 'Tom, will you come with me to do a job? I am going to get 2s. to carry a parcel to St. John's Arch, and I will give you half' I went with him to Old Street; he went away and came back with the parcel. I helped to carry it, and the policeman came and stopped us."
Denby's Defence. That statement is quite right.
GUILTY of receiving.
GARLICK also PLEADED GUILTY to a previous conviction in May, 1873, having then been before convicted.
GARLICK— Eighteen Months' Imprisonment.
DENBY— Six Months' Imprisonment.
MR. HARMSWORTH conducted the Prosecution.
WASHINGTON YARROW . I am a tailor, of 47, London Wall—on 30th June, about 10.40, I was in Camomile Street—as I was walking in the road the prisoner sprang from a door opposite, and without saying a word, I saw his hand up, and he struck the knife in my cheek—he then retired to the doorway, without saying anything, and sat himself on the doorstep from which he had emerged—I did not lose sight of him at all—I spoke to a policeman immediately, on the spot, and he was arrested—the wound I received was 2 1/4 inches long, across the cheek—I lost a deal of blood, and have the scar now—I had never seen the prisoner before—he was tipsy.
Prisoner. Q. Can you swear I am the man that came out of the door-way? A. Yes, and I saw you return again to the doorway; I never lost sight of you.
but knew perfectly well what he was about—he spoke to me, and said "I have been robbed"—I said "Of what?" he said "Of 10l. "—he had spoken to a policeman in reference to it—I said he had better go to the station, and lay his complaint there—he asked where it was—I directed him—he said "I will make somebody pay for this; I will have somebody's blood, if I swing at Newgate for it"—I said "Do you know what you are talking about I You are very foolish"—he said "Yes, I know what I am talking about"—I said "You do as I tell you; go to the station"—he then went away—on next coming round the beat, about 10.45, he was in the act of-sitting on a doorstep—I saw him get up and cross the road—at that time the prosecutor was passing on the opposite side, and the prisoner walked across the road and struck him in the face—two young men ran and laid hold of the prosecutor—the prisoner returned to the doorstep that he had started from—I went to him, and said "What have you been doing?"—he said "Nothing; I have been sitting here these ten minutes, smoking my pipe"—he was then putting a pipe in his mouth—the prosecutor said "I charge that man with assaulting me"—he was covered with blood—seeing the blood streaming from him, I took hold of one of the prisoner's wrists, and asked one of the young men to seize the other, and I took this knife from his left outside coat pocket—I took him to the station, and the prosecutor was conveyed to the hospital—the knife was opened, and it was damp with some red stains—the prisoner said that he never had a knife; somebody must have put it into his pocket—when the charge was read over to him, he said "Well, I have not been robbed, unless you robbed me; but I have got your number, and I will wait on you."
Prisoner. Q. Do you swear that I am the man that came up to you and told you I had been robbed? A. Yes.
WALTER ALFRED WARD . I am house-surgeon at the Metropolitan Free Hospital—on 30th June the prosecutor was brought there, suffering from an incised wound on the left side of the face—there was a considerable quantity of blood on his clothes, in front—the wound was just over 2 inches in length, but not of any very great depth—it was not in itself very serious, but in wounds of that nature there is always great risk of erysipelas or abscess—he has gone on well—this knife was brought to me by the constable the same evening—it was quite wet with what I believe to be blood—it is such a knife as would inflict such a wound.
Prisoner's Defence. On this night I had come from Broad Street Railway Station. I had only had one glass of ale, and at the top of the street I had a glass of wine. I went down St. Mary Axe, on my way to the Sailor's Home. A young man came up to me, and said "I have been robbed." I said "Where? He pointed down the corner, and asked me to come with him; I refused. He said "Have you any hard?" I said "Yes, but I have no knife." He said "Here is a knife" I took the knife from his hand. He looked over his shoulder, and said "Here is the so-and-so I have done for." He went across the road, and asked me to follow him, and I was close at his heels when the policeman came up and asked what I had been doing, and took the knife out of my hand. I "did not notice the prosecutor, and did not know till next morning whether it was a man or a woman that had been injured.
GUILTY of unlawfully wounding — Eight Months' Imprisonment.
MR. MOODY conducted the Prosecution.
WILLIAM BOWDEN . I am an usber at Worship Street Police Court—on Saturday night, 20th June, about 11.15, I was at the arrival platform at the Moorgate Street Station, leaving a train that had just arrived—the prisoner and two others got out of the same train, and passed out at the wicket gate before me, leaving some three persons between me and them—they immediately turned round to the left of the wicket gate, which was bolted halfway—the prosecutor was leaning with his arm on the gate, smoking his pipe—they all three surrounded him—I tried to get through to secure the three, but I was not able to do it—the prisoner took a watch from the prosecutor's left waistcoat pocket, and passed it to one of the other two men, who immediately tried to make his way behind the prosecutor—the prosecutor turned sharp round, and seized him with his right hand, and as I rushed up to size him on the left, he threw the watch between my legs on to the platform, among the people's feet—I called out for someone to pick it up, which they did, and gave it to one of the railway officials—I still kept hold of the man, and assisted the prosecutor and a constable with him to the station—at the station I gave a description of the prisoner—on 8th July I was sent for to the station, and saw the prisoner in the yard there, amongst eleven others, and I picked him out—he had the same coat on, and the same coat over his arm, but instead of a hat he had on a French peaked cap—I have not the slightest doubt of him; I would have picked him out of a thousand.
Cross-examined by the Prisoner. I did not hear any argument going on before I saw the watch taken—you went straight up to the prosecutor, snatched his watch, and passed it to the other man—his name was Cook, and he has been convicted and sentenced to six months—there were three of you together—the third man was stopped on the third stair, and brought back by the policeman, but he was let go, as I did not see him take the watch—you were let go as well.
DAVID WALDON , I am a sub-warder at the House of Correction, Clerkenwell—on this Saturday night I was on the platform at the Moorgate Street Railway Station—I was surrounded by three or four men, and robbed of my watch from my left-hand waistcoat pocket—the bow of the watch was twisted off, and the chain fell down—I seized the man who was standing on my left side, and he had the watch in his possession—he threw it down on the platform—it was picked up and given to the policeman, and I have had it back—I held the man, and gave him into custody—I cannot speak to the prisoner—I kept my eye on the man that had the watch.
Cross-examined. I was standing close to the barrier that led on to the arrival platform—there was an argument taking place there concerning a man who had not paid his fare—I. stood listening to it—there was a second man taken, he was let go at the top of the stairs leading into the street.
FREDERICK DOWNES (City Policeman 102). On 8th July I went with Halse, another officer, to the City Prison, Holloway, and there saw the prisoner—I took him in charge and told him I should charge him with stealing a watch on the platform of Moorgate Street railway station—he said "I am an unlucky fellow."
The Prisoner in his defence commented on the evidence, which he urged showed that it was more probable that the man Cook took the watch, and entitled him to the benefit of the doubt.
GUILTY **— Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, July, 14th, 1874.
Before Mr. Common Serjeant.
MR. A. B. KELLY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
ESTHER THOMPSON . I am the proprietor of the Flower-pot public-house Bethnal Green Road—on 25th June at 12 o'clock at night, I closed and fastened the front door, and left the lower premises safe—I sleep up stairs—I was awoke by the police about 3.30—they had found the shop door open—i missed thirty boxes of cigars, a time-piece, 15s. worth of halfpence and a bottle of lime juice—I saw all that property at the police-station—this is it (produced)—I never saw the prisoner on my premises to my knowledge.
STEPHEN THOMAS (Policeman H 194). On 25th June about 1.30 a.m., I was on duty and saw the prisoner and another man—the prisoner had this bag containing thirty boxes of cigars, and the other man had this time-piece wrapped in this apron which Mrs. Thompson has identified—when they saw me they threw down the things and ran away—I gave chase and 186 H caught the prisoner who threw away some loose coppers as he ran—I afterwards went back with the sergeant and picked up 10s. 2d. in coppers—I found the thirty boxes of cigars in the bag and this time-piece in the apron—one of them threw away the bottle, I found it broken and empty.
Cross-examined. I took him about 300 yards from where I first saw him—he ran through two or three streets, but I did not loose sight of him for a moment.
Re-examined. I have no doubt whatever about him—he was 300 yards from Mrs. Thompson's when I first saw him.
CHARLES CLUFF (Policeman H 186). I was on duty in Edward Street, and saw the prisoner carrying a bag and another man carrying an apron—I saw them run; I ran the reverse way, met the prisoner, asked him what he was running for—he said "Nothing"—I took him to the station; he was charged and said he knew nothing about it.
Cross-examined. I lost sight of him neither of us asked him anything about the property—I am quite sure he is the same man.
Cross-examined. There were no marks of violence on the door, or signs
of its having been locked or broken open—the top bolt was down and the bottom one raised; there were no signs of its having been bolted.
MR. SLEIGH stated that he could not resist a verdict of larceny.
PLEADED GUILTY**— Ten Years' Penal Servitude.
MR. DOUGLAS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLIAM JAMES McQUEEN . I am a sailor, and have lately been living at 21, Pigot Street, Limehouse—on 21st July I was at the Pigot Arms, twenty doors from where I live—I was by myself having something to drink—the prisoner was there drinking with some prostitutes; I believe they were—he asked me for a glass, and I gave him one—it was then about 11.40—he said "Come along old boy, I will see you home"—I said "There is no occasion for that"—he said "You had better come with me, and I will go away home"—I said "I will go by myself"—we were then outside—he kept jostling me and took me by the arm—I crossed the street, and accidently took the Wrong turning—I said "I have got into the wrong street," and as soon as I turned round he hit me a violent blow on the eye, and I went down on my knees—I think he had brass knuckles on, it was something harder than his hand—I got up and caught him by the throat, and another man came up with a life-preserver or a staff, and partly broke my jaw, and knocked me right over on my side—while I held the prisoner by the throat he snatched away my watch and part of my chain—this is the other piece, it has been cut off—I have never seen the watch since—as soon as I was knocked over they ran away—I got up and ran after them after lying insensible for a few seconds—I found a policeman and I described them to him—I went to the East India Road Station, and made a charge, and a policeman went with me to a detective's house, and I went with the detective to house in Limehouse, where we found two men in bed—the detective touched one of them and said "Here you get up"—I said "I don't know that man," but when the prisoner put his face up, I said "That is the man who robbed me—this was two and a half or three hours after the robbery.
Cross-examined. I was about twenty minutes in the public-house—I was not sober, but I was not drunk—I managed to take the wrong turning—I was not half drunk; when I have taken a glass of beer I am not sober, yet I am not drunk with a dozen glasses—I had had five or six glasses of beer between 5 and 12 o'clock that night.
WILLIAM GARDNER . I am barman at the Pigot Arms—on Wednesday night, 1st July, I saw the prosecutor there for an hour and a quarter—he treated the prisoner to a glass of ale—the prisoner had been refused admission to the house on several occasions—McQueen was not drunk when he left at 11.45—the prisoner followed him.
Gross-examined. McQueen was not perfectly sober—I had served him with I think three glasses—nobody ever has too much when I am in the bar—seven or eight people were in the bar.
drink, but he knew quite well what he was about—he described a man to me, from which description I took him to 17, New Street, Limehouse, where we found the prisoner and another man in bed, the prisoner was nearest to the wall—the other man jumped up and McQueen said "It was not that man"—I then awoke the prisoner and told him to look up, and McQueen said "That is the man that took my watch—on the way to the station the prisoner said "You will have to prove it"
GUILTY —He was further charged with a previous conviction at Clerkenwell in September, 1867, when he was sentenced to seven years penal servitude, to which he
PLEADED GUILTY**— Ten Years Penal Servitude.
THIRD COURT, Tuesday, July 14th, 1874.
Before Robert Malcolm, Kerr, Esq.
MESSRS. POLAND and F. H. LEWIS conducted the Prosecution; and MESSRS. STRAIGHT and WEBSTER the Defence.
The alleged libels consisted of six letters, addressed to Mr. and Mrs. Herbert and Mr. Ryan. They were of a very offensive character, containing such expressions as "dastardly rascal," a "cur of the worst breed, the town rings with your filthy doings" &c., and complaining that Mr. Herbert had been the means of preventing his receiving employment from the Government, and had defrauded and cheated him in respect to a house in which he (the defendant) had been employed as architect by Mr. Herbert.
KEZIAH HERBERT . I am the wife of John Rogers Herbert, the Royal Academician, and live with him at the Chimes, Kilburn—I received this letter marked "A" with the postmark, March 25th—I opened it and read part of it, and then gave it to Mr. Herbert—I also received this second letter, marked "B"—I opened that, but I did not read it at the time, because I saw it was for my husband.
Gross-examined. I have known Mr. Pugin a great many years, since he was quite a boy—I knew his family also, quite well—the prisoner has always been a man of extremely excitable temperament—I remember going down to Ramsgate before the house, the Chimes, was built, and a conversation with reference to it took place there, but I did not hear much of it—the house was finished, I think, at the end of 1868—it was commenced in the beginning of that year—I always understood that a man named Hodgson was the builder—I Lave heard something about an action being brought against my husband by Mr. Pugin in May, 1873—I don't know whether, prior to that, there had been a proposal to refer all matters in dispute to arbitration—I heard about arbitration, but I don't really know—I did not know that after the house was finished, Mr. Pugin offered to buy it back—I have heard something about it lately in some of these extraordinary letters that he has written—I have heard that the estimate for the building of the house was very much less than what it cost to build, but I don't know it as a fact—I don't know what it cost to build the house.
ARTHUR COMPTON RYAN . I am a solicitor at Lincoln's Inn Fields, and I was engaged as solicitor for a gentleman who had some dispute with Mr. Pugin—I defended the action—I know Mr. Pugin's signature—I received
this letter marked "C," which I opened and read—I gave Mr. Herbert a copy of the letter.
Cross-examined. I have not brought any charge of libel against Mr. Pugin—I was advised as long as the letters were personally abusive that I should put up with them, and I have done so—I have known Mr. Pugin by sight for many years, but I did not know him except as the plaintiff in the action I defended—I have seen him excited, but I am excited myself sometimes—he has persisted in writing to me, and I told him and his then solicitor that any letter he chose to write to me I should not answer—he has persisted till yesterday and the day before—these are the letters—I was the solicitor for the Rev. Mr. Molloy, of Hanley, in an action brought against him by Mr. Pugin—that action went on for some years; I think nearly three years—he claimed commission as architect and as builder also—the action ultimately went to arbitration, having been in existence nearly three years—there were an immense number of items—the case was called on for trial about 3.30, before Mr. Justice Brett, and when he saw the items he said he thought it had better go to arbitration, and it was referred to Mr. R. E. Turner—the particulars delivered in the action were about 138 folios—I don't consider that that arbitration was decided in favour of Mr. Pugin—we had to pay the costs of the whole of the action, but let me explain how it was—we had certainly to pay the costs of the trial, that follows from the award—my clients had to pay their own costs of the reference and one-third of the plaintiff's costs—Mr. Pugin recovered 69l. of the commission on his contract.
Re-examined. I considered that was a successful termination for my client—I defeated Mr. Pugin's claim to the extent of nearly 1,000l.—the award of 69l. in the action carries the costs—97l. 12s. 3d. of his claim was disallowed—we desired a full inquiry in open Court, and the judge referred it—there was not much delay in the reference.
JOHN ROGERS HERBERT . I live at the Chimes, Kilburn—I am a Royal Academician—I have known the defendant since he was a boy—I knew his father perfectly well—he was a friend of mine—I was desirous a few years ago of building a house for myself at Kilburn—I said to Mr. Pugin "I wish to build a house; I have bought some land, but," I said "I don't want an architect, I want the house to be an expression of my own mind, and if I make the drawing will you see to the construction of a portion of it?"—he said "I shall be only too happy"—I made drawings of my own idea, and Mr. Pugin acted as my architect—the drawings were my own, and he was not to alter them, but to keep to them strictly—he superintended the building—he made some drawings, all of which failed—Mr. Hodgson was the builder—afterwards, when the house was built, disputes arose between Mr. Pugin and myself—I had expressed myself with some disgust before it was finished—he afterwards brought an action against me, and upon the action being brought I consulted my solicitors, Messrs. Field, Roscoe, & Co.—I told them my story and put the matter in their hands, and they have had charge of the legal proceedings from that time—I received these letters of the 12th, 17th, and 19th May—they are all signed by the defendant—I have no doubt about it—they are not written by him, but are signed by him.
Cross-examined. Mr. Pugin is a man of excitable temperament from various causes and his natural condition of life—the building was begun, I believe, in 1868—the first conversation did not take place with reference
to it at the Grange at Ramsgate, his father's house—that was, after he had made copies of drawings which were useless and then they were abandoned, I saying when he made the first failure "Pray, Edward, write to me what I am in your debt and I will send you a, cheque by return of post," and when the second set were sent I said to him "I am sorry you did not let me pay you on the first failure, pray do now and I will send you a cheque by return of post"—he said "I will not allow you to pay me one farthing," because at that time he had caused me inconvenience and the annoyance by his departure from my wishes—there were tenders sent by persons of the first drawings which were abortive and which he said he would lay aside—; they were dismissed by himself as well as by myself as being of no use—the tender on the abortive drawings was not 2,000l., it was much more and for this reason, it was about double the price that he said the house would come to—the first tender for the building as it was afterwards carried out was certainly not from a man of the name of Jackson—there were some: plans originally prepared which afterwards proved abortive-amongst the other tenders there was one by Jackson and it was abortive because it was three times the cost—Mr. Pugin told me the erection of the building would be 2,800l.—the estimate the builders sent in was something like 7,000l., or any sum you please—Pugin told me it would cost me 2,500l., and the builder said it would cost from 4,000l. to 5,000l.—the ultimate estimate was 2,403l.—that was a tender made by Mr. Hodgson—they were not pretty much the same drawings as had been originally sent in—Mr. Pugin abandoned the first drawings and withdrew them and" refused to let me pay, and then he drew the plans from my own drawings of the house which cost so much less, and the tender was 2,403l.—during the time the house was building, I was not constantly requiring extras to be added, on the contrary said "Make no change whatever, keep strictly to the drawings"—it is not correct that I continually required windows to be made very nearly double their size—probably the doors were made a little larger than the specification required—there were two windows which I said "Make six inches wider if you like"—I required a chapel to be erected, but that was in the original drawing—there was no specific tender made by Mr. Hodgson for the chapel—it was a room and not more than a room, and I had to put the altar in it—I have paid the contract short of 3l. 10s.—I paid 2,400l., leaving 3l. 10s., and, indeed, I thought I had left much more, because I was warned not to pay so much—I did not know that Mr. Pugin was under guarantee to Mr. Hodgson that if the cost of the work exceeded what he had tendered for he was to make it good—I know that now—he states that he has paid 300l. of that guarantee to Mr. Hodgson—an action was brought against me by the defendant, and he has been delaying it from time to time—I don't recollect the dates at all—I placed them in the hands of my lawyers, Messrs. Field, Roscoe & Co.—I don't remember that the claim he made against me was in respect of money he had paid to Hodgson—the action has been delayed by him ever since it has been going on—I heard that the defendant had fled to America, and I made application at Judges Chambers, requiring Mr. Pugin, as plaintiff, to find security for costs—I made an affidavit in respect of one of those applications to the effect that he was going to leave the country—I swore that John Powell informed me that Mr. Pugin was about to leave the country and go to America, where it was his intention to reside for eighteen months or two years—I also swore that he was altogether without means, and would
have to be supported by his friends whilst absent in America—I swore that because I had been told that by his brother-in-law—I did not know as a fact that at the time I swore that affidavit that he had gone to America, he was going, and I made an affidavit that he was going, and it was to get security for costs before he fled—from the time I dismissed him as architect he has sent me messages calling me a liar, and stating that I had defrauded him—the first of these letters is March 25th, but I had received letters before that, and they annoyed me enormously before that—I am a man of peace, and therefore would not feel disposed to commit an assault upon him—of course I am not ignorant of the number of times he has been before Police Courts, and I must feel that he has stained his father's name, and I do feel very strongly although I don't express myself so—I have not said that I was in possession of material that would send him to Portland and the bulks—I was dining with a friend of mine and a French friend, and after dinner we were talking together upon the subject, and I said I had consulted an eminent lawyer who said that the affair would be sufficient to send him to prison—I did not use the words, my lawyers "regard it as a fraudulent attempt to get money from me for which he ought to be sent to prison"—I have not said that I would prevent him from getting any work from Government, certainly not—I said his own acts stood in his way, and it was his own acts that would deprive him of them and not mine—I did not say that I would call the attention of those in power to his work, and he would not get work—I did speak to Mr. Gladstone about the extreme worry and annoyance I had gone through, but I said nothing to Mr. Gladstone which would affect him as one who he would receive public work from—he was a competitor for some work, but there was not one who said "We can trust him," and they would not put him on—I am sorry to say that—I did not say that to Mr. Gladstone—I don't know that there was any conversation about this matter at all—I told Mr. Gladstone that he had given satisfaction, being an architect and builder too.
Re-examined. I heard something about his liquidating his affairs, but I confess I know so little law that I don't know the difference between liquidation and bankruptcy—I was at a friendly dinner at the club and they were my intimate friends on both sides, and I repeated what Mr. Field had told me.
THE RIGHT HONOURABLE WILLIAM EWART GLADSTONE , M.P. I have known Mr. Herbert for 20 or 30 years—he paid a lengthened visit to my brother-in-law's residence during the winter, and we had much conversation upon many subjects; amongst others he once or twice I think spoke to me of Mr. Pugin—I should say very confidently that he said nothing to me which would have prevented his getting any of the public work—I do not retain the details of his conversation—the subject matter was altogether painful, and one which excited my concern—Mr. Herbert is a very old friend, and Mr. Pugin one I had known less, but of whom I had heard in a general rather than in a particular respect—the conversation was certainly to the effect of describing to me the sufferings and annoyance which he had endured, and which he said had gone beyond all measure, so that he felt himself bound to resort to the law—I am morally certain if he had spoken to me a syllable on any such subject as the capacity or noncapacity of Mr. Pugin to receive public employment I should have remembered it, and I should say, with very great confidence, he never said such a thing—I may say that the office I held did not make it necessary for me to select architects
for Government work—I have been requested on both sides to attend here to-day, and I hope I may discharge those calls.
Cross-examined. I rather think Mr. Pugin and I became acquainted at the time of the South Lancashire election—I believe it was at Lady Beauchamp's—I have not seen a great deal of him during late years—I have had communications with him, which have always been of a friendly character—I should call him a man of warm emotions—some people say that of me.
The Jury found that the Defendant sent the letters, and considered them most scurrulous, but did not consider that they amounted to a libel.
NOT GUILTY .
Mr. MILLWOOD conducted the Prosecution.
HAYDON YOUNG . I am a warehouseman to Mr. Daniel Gow, 47, Friday Street—on the afternoon of the 30th June, about 2 o'clock, I was sitting making up the books—I heard the lad holloa out "Hi, what do you want 1" I looked up and saw the prisoner with the shawls under his arm standing by the counter—I came out of my desk, and directly he saw me he dropped the shawls; four of them went half on the counter and two on the ground—he ran out and turned, sharp round to the next warehouse—I went in and asked him what he wanted in our warehouse—he said he was not there at all—I said "I shall lock you up"—I sent for a policeman and gave him into custody—these are the shawls—I picked up the two that were on the floor.
HUGH BOLTER . I am clerk' to Mr. Daniel Gow, and on the afternoon of 30th June I was on the second floor of the warehouse looking down on to the first floor, and I saw the prisoner just between the counter and the stairs with the shawls under his arm—I asked him what he was doing down there—he said "It is all right, mate," and he dropped the shawls and ran down stairs—I holloaed to Mr. Young, he got up and ran down stairs after him—the prisoner is the man, I have no doubt about it—these shawls are similar to those he had—I could see there were half-a-dozen.
Cross-examined by the Prisoner. I can't swear that they are the shawls you had under your arm.
WILLIAM KENNETT . I am clerk to Messrs. Ellerson and Benbow, next door to the prosecutor's—on the 30th June I was sitting at my desk inside the door—the prisoner came in and walked round by the door very quietly, in fact so quietly that I hardly heard him—he went just behind the door by the counter under the window—I was going to ask him what he wanted when Young came in and accused him of taking the goods and gave him into custody.
The Prisoner in his defence stated that he was going about buying paper and went up into the warehouse, and as he came out he was taken hold of and charged with attempting to steal the shawls, which he knew nothing about.
GUILTY **—He also PLEADED GUILTY to having been before convicted in March, 1868— Ten Years' Penal Servitude.
475. THOMAS COLLINGRIDGE (69) , Unlawfully and with intent to defraud, forging and counterfeiting the trade mark of Harrison Frodsham and another. Second Count—With intent to enable another person to defraud.
MESSRS. F. H. LEWIS and GOODMAN conducted the Prosecution; and MR. A. B. KELLY the Defence.
GEORGE MOORE . I carry on business at 84, Strand, with Mr. Harrison Frodsham as watch manufacturers—my predecessor was Charles Frodsham, and he used a particular trade mark "Charles Frodsham, 84, Strand, London"—upon succeeding to that business I purchased it and the right to put his name on the watches—that license was in writing from the trustees—in purchasing the business I purchased the license—we now use the name Charles Frodsham and put it on all our watches—we sell watches besides those of our own manufacture, but we put "Examined by Charles Frodsham"—we do not put the name on any watches that we have not either made ourselves or examined, and we also put "84, Strand, London"—in the beginning of March last Mr. Ford of the Poultry brought a watch to be repaired—I produce that watch—it is marked "Charles Frodsham, 84, Strand, London, 14881"—there was no name on the face—it had had a name but it was rubbed off—it is the custom to mark the principal parts of the watch inside, and that should correspond with the number on the watch—the number on the case is 438, and the number on the watch is 75438—I took the watch to pieces when it was brought to me to be repaired—I made that watch for Mr. Lloyd in November, 1865—I never saw it from that time until I saw it in the Strand—when I made it I was carrying on business in St. John Street Road—I have the book here relative to that watch—the manufacturing number which I stamped on the works of that watch when I made it was 75438—the date is November 10th, 1865—at that time I was not a member of the firm of Frodsham—I have only been so three years—I put the name on that watch of "W. J. Lloyd, London"—there is a slight mark on this plate of the beginning of the letter "N" for the word "number," that is all, the other has been filed and taken out—my employer was Mr. Lloyd—the number I engraved for him was 5438 instead of 75438, leaving out the 7—when I manufacture for a small maker I put on a smaller number—it is not a consecutive number in Mr. Lloyd's books—I am able to say positively that was the identical watch that I made—Lloyd is a watchmaker, and inasmuch as it would have looked suspicious for Lloyd's number to have been 75438 I left out the 7—throughout the works the number 1s. 75438, but the number that is seen is 5438—I had dealings with Mr. Frodsham before I went into his business, when he put his name upon a watch which he had not made himself, after the watch was completed he would spend 4l. or 5l. more in timing it and examining it—he would not even trust to me to finish them.
Cross-examined. In 1865 I was a manufacturer for the trade—the name of Lloyd was put on the watch although it was not made by Lloyd at all—I am not aware of another Frodsham at the Royal Exchange—there is a firm of Parkinson and Frodsham in Change Alley, and my predecessor was a son of that Mr. Frodsham—"Parkinson & Frodsham" is their mark, and the mark of our firm is "Charles Frodsham"—there is no Charles Frodsham in existence—there is Harrison Frodsham, the son of Charles, and we call ourselves Charles Frodsham, 84, Strand, and I say we purchased the right of so describing ourselves—it is a conveyance by the trustees to us—I have not got that conveyance here—my mark in 1865 was 75438—I and my predecessor had manufactured that number of watches.
Re-examined. I came into the present business in August 1871—I think Charles Frodsham died at the latter end of 1870—I saw him in 1869—we continued from 1871, when I went into the business, up to the present, time, to use the name of "Charles Frodsham, 84, Strand"—sometimes we used the name of Arnold—I purchased Mr. Arnold's business—there is no one else there But myself and Mr. Frodsham—the name is well known in the trade.
WILLIAM JOHN LLOYD . I am a watchmaker at St. John Road, Hoxton—in 1865 my father carried on business in the same place and I had the management—he had to make a watch for Mr. Adams, and Mr. Moore made it—I saw it delivered to my father—at that time the name W. J. Lloyd was engraved upon the plate—the number on the plate was 5438, and that on the different parts of the watch was 75438—that was stamped under the dial—this is the watch that Mr. Moore delivered to my father in 1865—it came back in 1868 for repairs—the value of the watch when it was made was 35l.—I was asked at Clerkenwell what would have been the value of it with Mr. Frodsham's name upon it, and I stated it would be from 10l. to 20l. more, but I find that Charles Frodsham's price was 38l.—I was led by public opinion—I am quite ignorant of Charles Frodsham's price—I can't see the "W. J. Lloyd" engraved on the watch now.
Cross-examined. It is not on the watch now—it was on the plate but the plate is thin in one place now—I suspect it has been removed in order for another name to appear.
JURY. Q. Are you perfectly satisfied, notwithstanding the removal of the name, that it is the identical watch that came into your hands?—A. Yes—the number under the dial is 75,438, and my father always had the first figure cut off—he never would have more than four figures on the upper plate.
CHARLES FREDERICK ADAMS . I carry on business at 10, Coleman Street, and am surveyor to the Great Eastern Railway Company—In 1865 I purchased a gold watch from Mr. Lloyd, the father of the last witness, and from that time I had it in my possession uninterruptedly—this is the watch—the number is 5,438—in 1868 I let it fill off the table, and sent it to Mr. Lloyd to be repaired—he had it for some time, and then I had it back again, and I had it in my possession till October, 1872, when it was stolen as I was getting in the railway carriage at Leicester Railway Station—I communicated with the police the next morning—I did not then remember the number myself, and sent to Mr. Lloyd for it—he had given me the number when I bought it, and it also had his name on it—I feel no hesitation about its being the watch, for I had another one made just like it.
Cross-examined. As far as my belief goes it is my watch—I am not a watchmaker, and I can only tell from its being an old friend, having seen it a great many times, and wound it up.
RICHARD FORD . I am a shirt manufacturer in the Poultry—I purchased this watch of a Mr. Turner, who keeps the Blue Coat Boy, Islington, on Whit Monday, 1873—I took it to Frodsham's, 84 Strand, in the following March—at the time I purchased it it had Charles Frodsham's name upon it; that is the reason I took it there.
Cross-examined. I gave 15l. or 15 guineas for it; I can't tell you which—the name is taken off now, but I think I should know it.
Ford a watch on Whit-Monday—I bought the ticket from a man named Smith for 1l.—the watch at that time was in pawn at Smith & Dymond's, Newgate Street for 12l.—at the time I took it out of pledge it had the name of Frodsham on it.
Cross-examined. I don't recollect anything else on it—Frodsham's name was on the dial—I don't recollect the name of any street—I bought the watch because it was represented to me as being one of Frodsham's make—I bought the ticket from Smith, I should say about fifteen months ago, and I sold it six or nine months afterwards.
THOMAS BASSINGTON . I am a watch engraver, at Charles Street, Northampton-square—I engraved on the plate of this watch "Charles Frodsham, 84, Strand, London, 14881"—the prisoner employed me to do that—I think it was the first or second week in December, 1872—there was no name on it then—it had been taken out, but I did not see that until it was re-gilt, as it was so cleverly taken out—three or four days after engraving that, the defendant brought me this gold watch case—it had a portion of a number on, but it had been rubbed out—he wanted me to alter the number to correspond with the number that was on the plate—I did so—it was not in my hand five minutes—I had known Mr. Collingridge some years, and I did not ask a question—if he had been a stranger I should not have done it—it is a common practice for the retail dealer to go to a wholesale dealer, and if they have not one in stock it is common to bring the plate to me and say engrave that name on it—it is rather a serious question for me to ask "Am I right in engraving this name on it?"—if I had known that the prisoner had not Charles Frodsham's authority, I would not have put that mark on it.
Cross-examined. It is common for a manufacturing watchmaker to bring watches to me and have the names of different firms engraved upon them; and if I was told to put a dozen names I should do so—of course the numbers go with the names—they tell me to put such a number on the plate—I am not responsible, but the party who brings the plate to me is.
Re-examined. I am speaking of new plates, and this was to all appearance a new plate—I should not put the name of "Charles Frodsham" on an old plate without inquiry—I should think there was something wrong.
FREDERICK WARMAN . I am a watch engraver, of 49, Spencer Street, Clerkenwell—I have known the prisoner some years; about twelve months ago he came and wanted me to engrave "Charles Frodsham, 84, Strand, London" on a plate—I said "Unless you can guarantee it is for the firm I shall refuse to do it"—he said it would be no disgrace to them it was a good watch—I refused, and he left.
EDWARD SMITH . I live at 68, Leech Street, Camberwell—I have known the prisoner about two years—I have pawned three or four watches for him on commission—I pawned a watch at Messrs. Smith & Dymond's for 12l., and afterwards sold the ticket to Mr. Turner—I should scarcely know the watch again—I tried to pawn one at Attenborough's, but they would not take it in, and I told the prisoner that they refused because the name of "Charles Frodsham" was a forgery, and that they were a good mind to give me in charge—he said "Oh, they want to make a trouble about these little matters, I can put any name I like on any watch I like to offer."
Cross-examined. I was examined at the Police Court—I stated there that Mr. Attenborough said he had a good mind to give me into custody, and also that the prisoner said he could put on any name he liked—I
pledged three or four watches in the course of a week or ten days—I think it was about two years ago that I ceased to hare anything to do with the prisoner.
MR. KELLY submitted that the name of "Charles Frodsham" was not a trade mark within the meaning of the Act of Parliament, the Act requiring that a trade mark should be registered. He also contended that in order to constitute a lawful use of the same there should have been evidence that the executors had disposed to the present firm of the right to continue the use of the original name of "Charles Frodsham." MR. LEWIS maintained that apart from all these points there was evidence to go to the Jury of the forgery of the name of "Charles Frodsham, 84, Strand," and that from the time of putting the name on the watch it was represented to be made at the business then carried on at 84, Strand which would come within the indictment, the prisoner having no authority to use that name. MR. COMMISSIONER KERR decided that it was not necessary to register a trade mark such as this, and that the case must go to the Jury. He also left the following questions to the Jury: Did the prisoner forge the trade mark as a fact; Did he do so with intent to defraud; Did he intend to represent it to be a watch which was made by Charles Frodsham, 84, Strand, before his death; or since by the present firm, and was it a trade mark at all in the sense in which he had explained it. To these questions upon the finding of the Jury in the affirmative, The Court directed a verdict of
GUILTY— Judgment respited.
OLD COURT.—Wednesday, July 15th, 1874.
Before Lord Chief Justice Cockburn.
PLEADED GUILTY .
SCOTT fined 50l. WILLIAM DESBOROUGH entered into his own recognizances to appear (with MARY DESBOROUGH, his wife) to receive judgment if called upon.
MR. VIVIAN conducted the Prosecution.
ELIZABETH GARDENER . I am the prisoner's wife—on the night of 7th July, about 10.45 I was in the passage leading from the street, in the dark going towards the stairs—I felt my husband take me by the head and pull it back—he was standing against the wall—I thought he was going to kiss me—in putting up my hand I felt that I was bleeding at the throat, not much—I did not feel any cut, I was so excited—I screamed "Murder!" and felt—I felt faint and do not recollect anything "afterwards—I did not see or feel any instrument—we always lived happily until last Christmas—he has been a good father to his children and a good husband to me as far as his means would let him, until this delusion of jealousy took place—he was jealous of a young man who lodged with us, and who left in January or February, and my husband believes that this young man comes to see me when he is away at work at night; he is a journeyman baker—I never gave him any cause for jealousy—the young man never interfered with me, and
I never gave him any liberty—I can take my oath that I was never in bed or on one with any other man but my husband.
Cross-examined by the Prisoner. I did not say to you when you upbraided me about the young man "George if you talk to me like that there will be murder and I will be hung for you"—the man has never been inside my door since he left—I have always been kind to you and have waited upon you as if you were a gentleman, but you have been very trying.
MRS. FORD. I live in the same house with the prisoner and his wife—on this night I was in bed—I heard squeaks of "Murder!"—I ran down-stairs and found Mrs. Gardener lying on the floor and the prisoner kneeling over her cutting her throat—I did not see anything in his hand but it was down against her throat—I did not see any blood till a light was brought by a lodger in the back room—I then saw a large gash in the woman's throat—the prisoner said he wished he had done it quite—she was taken into the lodger's room and he rushed in after her—he had not had much drink—he rushed to the door after her, his son took hold of him and pulled him back—he shut up his knife and put it in his pocket.
By THE COURT. He had put the knife in his pocket when he rushed after her—when I first came down the passage was dark, I could see what he was doing by the light the lodger brought.
ARTHUR GARDENER . I am the prisoner's son—about 10.45 on the night of 7th July I was in bed—I was awoke by hearing cries of "Murder!"—I immediately jumped out of bed and ran down stairs to give assistance which I thought was needed—I saw my father just in the act of getting up from mother, who was lying on the floor—I saw my father shut the knife, this (produced) is it—it is a pocket knife which he generally carries—he had been drinking a little but was not properly intoxicated.
By THE COURT. I am a marble polisher—I work all hours, but am generally home of an evening about 8.30—the notion of jealousy was a false delusion on my father's part—I have never seen anything to lead me to think that my mother has been doing anything wrong.
JOHN BOXALL (Policeman Y R 47). I was called to the house on this night, and the prisoner was given in my charge for cutting his wife's throat—she was standing in the passage with two clean cuts in her throat—I asked the prisoner where the knife was, and he produced this knife out of his coat pocket; there are stains of blood on the handle now—he was quite sober—the prisoner was standing in the passage smoking a short pipe as if nothing had taken place.
HENRY CHARLES ANDREWS , M.D. I am surgeon to the Y division of police—on 7th July, soon after 11 o'clock, I was called to the Pratt Street police-station, and saw the presecutrix there; she was suffering from two wounds across the larynx on the front part of the neck—one was about an inch and a half in length and a quarter of an inch deep—the other was shorter and more superficial; about an inch in length—there was not much bleeding—they are not exactly dangerous wounds, that is, they were in a dangerous situation, but not deep; they were not near the large vessels—they might have been caused by a knife—I have not seen her since—I believe she went to the hospital.
By the COURT. It would be difficult to cut very deep just there—the cartilage would protect the part; it is not easy to penetrate—a wound might be inflicted that would frighten and alarm, but it would be less dangerous than elsewhere.
Prisoner's Defence. It was not my intention; it was done momentarily in I irritation of temper. I had been drinking all the evening; my mind has been upset since Christmas; I have neither eat, drank, or slept. As to saying I wished I had done it, I said nothing of the kind; I was sorry and rushed to the door to see if I had injured her much.
GUILTY of unlawfully wounding — Six Months' Imprisonment.
MR. THORNE COLE conducted the Prosecution.
JAMES HOLMES . I am manager of the Old Rose public-house, St. George's Street—on the night of 12th June the prisoner and deceased were there drinking together with a third man—they were quarrelling—I told them to go outside, which they did—I stood at the door to keep them from coming in—I saw the deceased strike the prisoner two or three times and want to fight him; they were not violent blows—the prisoner said if he gave him one blow that would be enough for him, and he hit him one blow under the nose on the lip; he fell and caught his head against the side of the kerb—I went in and saw no more—they had been drinking, but were not drunk.
Cross-examined by the Prisoner. The deceased had previously been quarrelling with another man—I did not hear you Bay "What is the use of two old pals quarrelling"—I did not hear you call for a pot of beer and say "You had better quarrel with that"—I would not serve you nor the other houses either—the deceased went on the top of the hill, and said "Come on, you are no man if you don't put up your dukes"—that was before you struck him—you were on the lower part—there are stones there sticking out of the ground—he took every advantage of you.
JOSEPH BRANSDEN . I am a cheesemonger, of 58, St. George's Street—on 12th June, about 8.15, I was in the Old Rose, and saw the prisoner and deceased there and another man who the deceased wanted to quarrel with, in fact they were all quarrelling together—I went away and returned again a little after 9 o'clock—the prisoner and deceased were then outside the house quarrelling again—the other man had gone away—the deceased struck the prisoner three or four times, and wanted him to go in the road and fight—the prisoner eventually went into the road; it is a steep hill—they put up their arms to spar, and the prisoner hit the first blow, hit the the deceased under the nose, and knocked him down, his head struck against the kerb, and there he lay insensible.
Cross-examined. The stones are very awkward there—it was not dark; there was plenty of light from the public-house—I don't suppose you wished to fight, but you did—you struck him, and he fell straight down with his head against the kerb, and there he lay as if he was dead.
WILLIAM LYTHE (Policeman K 325). On the morning of 13th June, about 8.30, I saw the deceased Connor at his house—he was lying in an insensible state on the floor—I assisted to take him part of the way to the hospital, when I met the prisoner and took him into custody—I charged him with assaulting the man—he knelt down on his knees and kissed the deceased, and said "I shall be remanded for a week or two, but I shall get over it," and he made a similar remark at the station.
Cross-examined. You did not say We shall get over it.
—on 13th June the deceased was brought there about 9.30 in the morning—he was totally insensible—I examined him and found a bruise at the back of his head, and a cut through the upper-lip—the bruise might have been caused by a fall on a kerb-stone—he died about 1.30 the same day—I made a post-mortem examination—I found a small fracture of the skull, and he had extravasation of blood pressing on the brain—he died from the effect of it—the fracture tore across one of the small arteries—he was a wellnourished man and all the organs were healthy.
Cross-examined. I only saw two places, the bruise on the back of the head and the cut on the lip, the lip was entirely cut through—you were a patient at the hospital about four weeks before this with a fractured arm—it was the right arm.
The Prisoner in his defence stated that he had only struck the blow in self-defence after being four or five times struck by the deceased, who had greatly provoked him.
GUILTY—Recommended to mercy by the Jury — One Month's Imprisonment.
NEW COURT, Wednesday, July 15th, 1874.
Before Mr. Common Serjeant.
NOT GUILTY .
480. JAMES MONTAGUE (31) , Burglariously breaking and entering the dwelling-house of Alfred Dodman and another and stealing therein six scarfs and other articles their property. Second Count—Feloniously receiving the same.
MR. GOODMAN conducted the Prosecution.
ALFRED DODMAN . I am a draper of 93, Holloway Read—on 8th June I went to bed about 12.10—the shop and house were properly closed and a pane of glass between the shop and the dwelling-house was perfect—I came down next morning about 7.50 and found the kitchen door open, which had been locked and the kitchen shutters and windows were open—the drawers had been taken out in the kitchen and strewed about the place—the door leading from the sitting-room to the back garden was open—the pane of glass between the sitting-room and the shop had been cut out and the shop door opened from the shop side by taking the screws out of the lock—a person could get through where the pane of glass had been—the opening was 2 feet wide by 1 foot 6 inches—I missed four pieces of silk amounting to 59 1/2 yards, some money from the till, and this meerschaum pipe (produced) from a little bag on the sitting-room wall—I identify this piece of silk 13 1/2 yards (produced)—I went with Detective Witham to Mr. Robert's of Old Street, Shoreditch, but the prisoner was not there.
Prisoner. Q. Did you see me in or near your shop? A. There was a man in the shop the night before very much resembling you.
EDWARD HILL . I am Mr. Dodman's partner—I went to bed at 12.10—I can corroborate him as to the state of the premises—I went down about 7.45 in the morning and found the premises as he has described—I identify this silk; this pipe which was pawned with it is mine.
GEORGE PEARSON . I am assistant to Mr. Cassel, a pawnbroker of 155, Brick Lane, Bethnal Green—on Saturday evening, 13th June, about 7.30 the prisoner came in and offered me this piece of silk—I am quite sure the
prisoner is the man—he asked for 30s. on it, and said that he bought it at Rotherham's in Shoreditch—having received, information I stopped it and he ran away.
CHARLES LATHAM . I assist my father, a pawnbroker, of 144, Hoxton Street—I produce 7 yards of silk pawned on 9th June for 15s. by the prisoner in the name of Joseph Martin—this ticket is my writing—the prisoner pledged this pipe at the same time for 1s. in the same name and address.
Prisoner. Q. Did not you state at first that you could not swear I "was the man? A. No; I picked you out at the station from fifteen or twenty others.
JAMES FRANCIS (Policeman H R 23). On "Saturday, 13th June, about 7.45 p.m., I saw the prisoner in Club Row running very fast, he was almost exhausted, people were shouting "Stop him"—I stopped him and asked him what he was running for—he said "It is all right, governor, I have only had a row"—he tore his coat in trying to get away—I said "You will have to go back with me, I am a policeman in plain clothes."
Prisoner. Q. After I arrived at the station did not I ask you to go to the Unicorn public-house to find the man who gave me the silk? A. Yes, but nothing had been said about silk—the other constables did not laugh at it—there were not thirty constables there, only two.
WILLIAM WITHAM (Detective Officer Y). On Sunday morning, 14th June, about 1 o'clock, I was at the Caledonian Road Station—the prisoner was brought there charged with breaking and entering the prosecutors' premises and stealing this silk—he said "I don't see how you can charge me with breaking and entering; you may charge me with unlawful possession; two men in the Unicorn public-house, Shoreditch, asked me to go and pledge the silk"—I said "Two other pawnbrokers identify you as pledging the silk, and also a pipe, how do you account for that?"—he said "They are liars."
Prisoner's Defence. When I was taken to the station I asked them to send a constable at once, and gave a description of the man.; they made a jest of it and hissed me—I went to the Unicorn to get a glass of stout and a man asked me to do him a kindness to run down to Ellis', the pawnbroker's, in Brick Lane—I said "Why don't you go yourself?"—he said "It is only a piece of silk my wife bought;" after a little persuasion I took it there—the young man asked me some particular question, and there was whispering—I thought there was something wrong and walked out of the shop—I was running to the man at the Unicorn when I was taken.
GUILTY on Second Count.
PLEADED GUILTY**— Ten Years' Penal Servitude.
MR. C. MATTHEWS conducted the Prosecution.
Moorgate Station assisting some children into a carriage—the prisoner pushed very close to me—I felt my pocket and missed my purse, which I had seen safe a very little while before, and my handkerchief, which had been in the same pocket, dropped on the platform—I found my pocket cut—my purse contained 1l. 6s. 6d. and some stamps—this is it (produced)—the money and stamps are in it—I saw the prisoner running away and called out "That man has got my purse"—Mr. Swann ran after him.
Prisoner. Q. Were there not more people against you? A. Only our own children and ladies.
HENRY SWANN . I am a clergyman and live at 22, Duncan Terrace,. Islington—I was assisting to get the children into the carriages and heard the last witness say "This man has taken my purse"—I looked round and saw the prisoner running down the platform—I ran after him and came up to him as he was about to enter a carriage in the rear of the train and said "That lady says you have taken her purse—he protested his innocence—I said "You must come back and have it seen to"—I took him back and Mrs. Webster again said "That man has taken my purse"—he again denied it and offered to show us what he had got in his pocket and showed us his ticket for Ludgate Hill—we all went in the train together to Ludgate Hill, where I gave him in charge.
HENRY WELLS . I am inspector at Moorgate Street Station—I was on the platform when Mrs. Webster charged the prisoner—I asked him if had got the purse—he denied it—they all got into a carriage to go to Ludgate Hill, and after the train had started I went to the spot where Mr. Swann took the prisoner and found this purse on the ballast on the line.
JAMES OATES . I am cab-inspector of Ludgate Hill Station—the prisoner was given into my custody, and I took him to Fleet Street station—he said that he did not have the purse, another man took it and got clear away.
GEORGE FULCHER (City Policeman 491). On 9th June, I took the prisoner to the Moor Lane Station, and found 3s. 3d. on him—I showed it to him, and he said that there ought to be 1 1/2 d. more—I held it out to him and he counted it into my hand—he then said "I must have lost it"—I asked Wells whereabouts he picked the purse up, went back there, and found three halfpence on the line—he gave a false address.
Prisoner. I gave you my brother's address—it is false about the three halfpence—I never said anything about it—it is his own money which he put there and then said that it was mine.
Prisoner's Defence. Other people have committed a crime and I have got blamed for it—I am an orphan and have been led away.
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. DOUGLAS conducted the Prosecution.
THOMAS STEPHENS . I am a clothier, of 10, Goswell Road—on Saturday night, 27th June, about 11.30, I was passing French Alley, which is about fifty yards from my own house, and the prisoner bounced out of the Alley and struck me a blow on the side of my head—I missed my watch chain, and he ran up the court—I followed him, took him round the middle, and dragged him back into the street—he struck right and left, but I held him
for seven minutes, till a policeman came, and then gave him in charge—I looked about the road and found my chain within a few feet of where we had been struggling.
JAMES DREW . I was walking with Stevens and suddenly found him struggling with the prisoner—he called to me to assist him—the prisoner ran up the court, I followed, and helped Stevens to pull Mm back—he struck me a violent blow on my head, which stunned me—I did not fall, but I was obliged to let go of him—the police came and he was given in custody.
Prisoner. I was coming along with a jug and you both caught hold of me. Witness. No, you had no jug.
Prisoner. I was standing as quiet as could be. Witness. No you were struggling with them.
PLEADED GUILTY**— Eighteen Months' Imprisonment.
MR. RIBTON conducted the Prosecution.
JOHN FORD . I am a labourer of Westminster—the prisoner is my mother—on 8th July, between 6 and 7 o'clock in the evening, I went to Old Pye Street, Westminster, to see a young girl—my mother came to the door—another woman opened it and said "Johnnie, it is your mother"—I said "Don't let her in"—but she came in and fell on the floor in a fainting fit—she recovered and then we had a quarrel—I tried to get the young woman out of the room—my mother seized a large carving knife which was on the table and tried to stab me two or three times—I got her by the wrist and she Jobbed me twice in the face with the knife—I went to the hospital and it was sewed up—it is not well yet—I gave her in custody that night.
Prisoner. You know what a rascally bad son you are to me—you know I am always in the workhouse, and your poor old father also because you won't support us—I knocked at the door and the prostitute you live with who has not long come out of prison was there—you put your arm across my throat and dashed me on my back—I did not faint but you threw me down. Witness. I did not strike or push you—Costello did not come between us and say "Johnnie, don't ill-use your mother any more"—nor did I shove her and drive you into the passage—I do not remember trying to strangle you six weeks before and causing those lumps in your throat, or throwing you across the bed and breaking your ribs so that you were six weeks in the hospital.
COURT. Q. You have not the slightest recollection of it? A. Not the slightest.
SARAH COSTELLO . I live at Old Pye Street, Westminster—on this evening Ford came, and the prisoner afterwards knocked at the door—I said "Come in" and she forced herself in and threw herself down on the floor—when she got up I said "Don't have any row, keep quiet"—he said to me "You go out of the room, she is a very dangerous woman, I know her better than you"—I did not see him strike her—I did not see her take the knife up—
he said "Go out of the room," and I went into the yard, and a little girl came and spoke to me—I did not see him take the prisoner by the throat and strike her.
Prisoner. Q. Is not my son living with you? A. No—I did not see him strike you—I was having my tea and you threw a cup of tea at him off my table—I was not drunk—I almost fell on the fire to get out of your way.
JANE WILLIAMS . I live at Old Pye Street—I was in this room when the prisoner knocked at the door—when she came in she threw herself on the floor—I am sure of that—her son said "Sarah, get her out of your room"—when she got up off the floor she took a cup of tea off the table and threw it; she then seized him by the throat—I did not see her take the knife but they were struggling together when I went out of the room—I afterwards saw him bleeding at the street door.
Prisoner. Q. Did not he deliberately put his fingers and thumb on my poor throat and dash me on the floor? A. No.
WILLIAM WILSON (Policeman). I was called, and Ford brought me this knife—he was bleeding very much—the prisoner was close behind him, and he said "My mother has stabbed me, I shall give her in custody"—she said "Yes, that is my son, he is going to lock me up"—she was drunk—Williams was quite sober, Costello was the worse for drink, the prosecutor was quite sober.
Prisoner. You can't tell when he is drunk and when he is sober, he is do quiet with it.
Prisoner's Defence. I am very sorry I came out of the workhouse that day to get into such a scrape. Will you let my daughter come in.
Witness for the Defence.
MARY ANN FORD . I am the prisoner's daughter—last Thursday I went to my brother Jack's place, and he said "Look what your mother has done"—Costello said "John, it is your own fault, you struck your mother first, and knocked her down"—he never said a word to that, and she said "John, you ought to be ashamed of yourself, knocking your mother down"—she has been a good mother to us, and we are ten children—I remember the time he cracked his mother's ribs, and she was ill six weeks—that is the truth.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of her age and the provocation she received — Four Month's Imprisonment.
THIRD COURT.—Wednesday, July 15th, 1874.
Before Robert Malcolm Kerr, Esq.
MR. GOODMAN conducted the Prosecution.
JOHN WESTON . I am an officer at the Sailor's Home, Well's Street, Whitechapel—on 5th May the prisoner came there and said he belonged to the South Australia, and that Captain Bruce had sent him there to lodge—I entered his name in the bonk and gave him the usual form to be signed by
the captain of the ship—he went and brought it back filled up and signed, and upon the faith of that he received his board and lodging from us, and he consumed food and beer, and so on—he was there just a mouth—on 12th May he brought this letter and presented it at the clothing department" Please be so kind as to let apprentice Martin have trousers and coat," and on the faith of that he was supplied with those articles—this is the receipt, signed by him, showing that he received them—he stopped till the 29th—he was discovered as being connected with something suspicious, and he left without giving us any notice as he ought to have done—this letter was received from him while he was in prison.
JOHN BRUCE . I live at 2, Brighton Terrace, Surbiton, and am captain of the South Australia, belonging to Messrs. Devitt and Moore's line of packets, lying in the South West India Docks—the prisoner does not belong to that ship—this John Bruce is not my signature—I did not authorise anybody to sign it for me.
HENRY FROUD . I am an engineer at 43, Cotton Street, Poplar—on 29th May the prisoner came to me and said he had just come from the theatre and wanted lodgings—he said he belonged to Devitt and Moore's firm, to the ship South Australia, lying in Soame's Dry Dock—we believed his story and took him in, and he had food in our house—I saw him on Saturday afternoon in an uniform which was not Devitt and Moore's, and spoke to him about it—he said his uniform was being repaired, and that he belonged to Devitt and Moore's firm, the South Australia, Captain Bruce—I went on Sunday morning to Soame's Dry Dock and found that he did not belong to her at all—I told him so at dinner time, and I was so put about with his conversation and the stories he was telling that I went upstairs to get out of his sight, and he went away, and I never saw him till Tuesday.
Prisoner's Defence. I knew nothing of it; it was the second mate of the vessel wrote the order and told me to go there—I gave the name of the ship South Australia, instead of Ben Nadar.
He also PLEADED GUILTY to having been before convicted in November, 1873— Two Years' Imprisonment
MR. LANGFORD conducted the Prosecution; and MR. DOUGLAS the Defence.
JOHN HARMSWORTH . On the night of 7th June I was waiting at the corner of Princes Street, opposite the Mansion House, with my wife to put her into the omnibus—I felt the prisoner in front of me and I felt his hand at my pocket, and I caught hold of him directly—I said "I have lost my watch, you have got it"—he said "I have not got your watch, what do I want with your watch 1" and he was going away—I said "No you don't go away," and stopped him, and kept hold of him till we got to the first house in Princes Street by the private door of the Union Bank—I only had one hand, as I had an umbrella in the other—he got away—I called "Stop thief" directly—his hat fell off as he ran away—I picked up his hat and found he was stopped a few doors further up, and in the custody of a private clothes policeman without his hat—I said "That is the man," and I was going to lay hold of him again—he said "It is quite right, sir, I am an officer"—I handed his hat to the policeman—I have not the least doubt about the prisoner—I have not recovered my watch.
Cross-examined. I know it was the prisoner's hat that fell off, because
he was without a hat, and be asked me for it—I saw it come off—it was 11.30 at night—there were plenty of lights there, and there were not a great number of people about—I saw the prisoner before I felt my watch go; and I laid hold of him by his coat collar in a moment—I did not see the watch passed to any one.
Re-examined. My watch was safe in my pocket two minutes before—I did not lose the chain, the catch was strained.
JOHN TAYLOR (City Police Sergeant 77). On the night of the 7th June, about 11.30, I was in Princes Street in plain clothes—I heard a cry of "Stop thief!"—I looked round and saw the prisoner running without his hat, and several people following him crying "Stop thief!"—I caught hold of him and asked him why he was running, what was the matter—he said "A man has stolen my watch"—I said that can't be, for it is safe in your pocket"—he struggled violently to get away—I told him I was a police officer, and I should not allow him to go till I was satisfied—he was wearing a watch—I took it from him when I searched him afterwards—the prosecutor came up with the prisoner's hat in his hand, and said "That is the man who has stolen my watch"—he took his hat and wore it to the station.
Cross-examined. He gave his brother's address, and I found it was correct.
The Prisoner's statement before the Magistrate: "I have no more to say than that the prosecutor has made a mistake."
He also PLEADED GUILTY to having been before convicted in February, 1867**— Ten Years' Penal Servitude.
OLD COURT, Thursday, July 16th, 1874.
Before Mr. Common Serjeant.
BETTS PLEADED GUILTY .
MESSRS. POLAND and CROOME conducted the prosecution; and Messrs.
METCALFE, Q.C., STRAIGHT, and AUSTIN METCALFE the Defence.
TROMAS FARNHAM . I am in the employ of Messrs. Parnall as foreman in the cutting department—Betts has been four years in the service as salesman, and Taylor was for seven or eight years up to November last in my department—he left early in November, and started in business in High Street, Kingsland—up to 12th December last he was a customer at Messrs. Farnham's for ready money, and after that up to 1st June he was a customer on credit—I have seen him there frequently during that time purchasing of Betts among other salesmen—on 1st June I saw him there making purchases of Betts; on that occasion I particularly noticed them—I saw one piece measured by Betts, not in Taylor's presence, after he had gone—he was with Betts about a quarter of an hour that day—after leaving Betts, Taylor went into another department and purchased something; I only saw him in one department after Betts—in the course of the afternoon I caused inquiries to be made at the entering desk and then went to our head clerk, and also to the packing department; I there found six parcels from Betts' department addressed to Taylor—I took one piece away and measured it, it was 20 yards—it was not the same piece I had seen Betts measure; this is the piece—these are the six pieces (produced)
that were in the packing-room—after measuring that piece I communicated with the head clerk, and next morning, 2nd June, I went to a drawer of Betts' in the counter, and found there these two pieces of paper; they are Betts' writing—the sis parcels-were left in the packing-room all night, and were sent to Taylor's next day by Vale, the porter—it is customary for the packers to leave one end of the parcel open—these parcels were not open at one end when I saw them in the packing department—they were all tied over.
Cross-examined by MR. METCALFE. The parcels are sent down to the packer to pack again or to send away—he would not pack them open at one end—he checks the number of pieces; I don't know whether he would close the open end—I saw Taylor buying things in Mr. Williams' department—I believe he took them away with him, but I won't be positive—I believe he also went into the ready-made department; I know he went into two departments besides Betts'; it might have been three—after he had left Betts' department, Betts began to measure the cloth for his parcels; I only waited to see one parcel measured—the porter on his floor would take them down to the packer—there was some braid that Betts had given to Taylor and not entered; that braid was fetched from the fitting department, Knocker's—Knocker would not enter that, Betts would—Knocker made a note of it and sent it down; that would be his duty—Knocker would be responsible for the stock in his department at stock-taking—I am not the general foreman, only of the cutting department—there is a manager on the different floors; Betts had his floor to attend to himself.
Re-examined. Betts was salesman, and had the looking out of the stuff to send up to the cutters to be cut—he would have charge of the stock on that floor, and anything that he sold or gave out to the cutters from that floor would go from him.
RICHARD URAN . I am a porter of Messrs. Parnall's—on Monday, 1st June, I received from Betts six parcels of cloth tied up exactly like these—he gave me certain directions in consequence of which I took them down to Hodges the packer with instructions for them to go to Taylor of Kingsland—they were all ready wrapped up in paper when I received them.
JOHN HODGES . I am foreman of the packers at Messrs. Parnall's—on 1st June I received from the last witness six parcels of cloth wrapped in paper; also a parcel of buckles, they were in paper—I received directions to send them to Taylor of Kingsland—I packed them up—I checked them with the parcels book, which is here—there was also some ready-made clothing.
Cross-examined. Before I sent them away Mr. Farnham came down, and next morning Mr. Parnall and Mr. Watts also came down—I was told to send them on as usual by the porter—both ends of the cloth were closed when they came down to me; they generally come down with one end unclosed, but not so constantly as to attract my attention—I saw nothing suspicious about it—I merely check the number of the parcels—I have nothing to do with the quantities or the prices; they are entered by an entry clerk before they come to me.
FREDERICK VALE . I am a porter at Messrs. Parnall's—on 7th June I received six packages of cloth, and three parcels of ready-made things—one was a small parcel of buckles—I delivered those things at Taylor's at about 12.50—it is a tailor's shop—I delivered the goods to Taylor, and he signed my
book—I carried them in three at a time on my shoulder and put them on the counter—while I was doing so the shop boy came in—I have delivered goods there six or seven times before—I delivered a sealed invoice with the goods to Taylor—he did not open it while I was there.
Cross-examined. A constable followed me to the shop—I knew that something was wrong—Taylor was at his cutting-board which faces the door—the buckles were in a parcel by themselves, not inside one of the others—the counter was clear; I did not see any other goods near where I placed these—I did not speak to the constable.
Re-examined. I got 2d. for a glass of ale; my cart was waiting at the door.
WILLIAM MABER . I am an assistant in the trimming department—on 1st June I was passing through the crane room and saw both the prisoners there—Betts gave me a pattern of cloth, and told me to take it to Mr. Knocker in the trimming department and get some mohair braid, some tracing braid, and three gross of buckles, for Mr. Taylor—I went, and Mr. Knocker said he could not match the braid or the mohair—I took a quarter gross of silk braid to ask Mr. Betts whether it would do, and also three gross of buckles—I also took a label from Knocker—I gave those things to Betts in the crane room, and asked him whether I should enter them or whether he would—he said he would.
Cross-examined. I did not see Taylor when I came back.
KNOCKER. I am a warehouseman in the trimming department of Messrs. Parnall's—on 1st June Maber came to me in the trimming department and said that he wanted some mohair braid to match that cloth and some Russia braid, which I could not do, and three gross of buckles—I gave him a piece of braid to take down to see if it would do, that is 36 yards, value about 5s.—I have measured it—it is still 36 yards—I also gave him three boxes of buckles (produced)—there is one gross in each—I sent a memorandum with them.
Cross-examined. The braid has been in stock twelve years—it was worth more than double that originally—we have reduced it each year—when goods go out I make a memorandum of what goes down to the desk—I have no proof that goods have gone into Bett's department—he has to enter as if they went out of his department—I send a slip to be entered down stairs, and Betts said on this occasion that he would enter it.
Re-examined. I have known Betts several years—it was his duty to have the goods entered—I relied on his taking care that my memorandum was entered on the books—one servant does not take receipts from another—memorandum is not returned to me, it is destroyed when they make an entry of it—if it is not copied into the book I have no voucher at all.
JOHN DAVIS (City Detective). On the morning of 2nd June I was sent for to Messrs. Parnall's and saw Watts, Farnham, and Betts—Betts was given into custody for stealing six parcels of silk and some buckles—after that I saw Vale take six parcels out and three other parcels—I followed him to Taylor's, 80, High Street, Kingsland—one of the two porters took the goods in—it was about 12.45 I saw Taylor there and saw him undo the parcel containing the buckles and put them on a back shelf—I waited about fifty minutes watching the premises with another officer—the porters had gone away—we went into the shop about 1.40—Taylor had then gone to the back place and was looking out at the glass door into the shop—I saw a boy there—I told Taylor I was a detective officer of the City police and
should take him into custody for receiving several quantities of cloth the property of Messrs. Parnall, of 180, Bishopsgate Street Without—he said "The five pieces," pointing to five which were on the other side of the counter, "are all right, the other one I never ordered," pointing to a piece of blue, 20 yards; "I found it out when the porter delivered it, I know it by the paper being torn at the corner, I could see what the cloth was"—I said "If you found it out why did you not take it back to the porter or send out to him?"—he said "I had got nobody to send, my boy was out"—I asked him what he had done with the buckles; he gave me these three boxes from the back shelf where I had seen him put them—I asked how many there were—he said "Well, here they are, there are three gross here, and I only ordered a gross and a half"—I said "Where is your invoice?" he handed me this invoice (produced), which was open in his hand—I looked at it and told him there was only a gross and a half down—I asked him if he had got any more cloth from Messrs. Parnall's on his premises?—he said no, only those two pieces he brought away the day before—I then sent for Mr. Williams, who is in Messrs. Parnall's employ—Taylor said that he never bought more at a time than would make a pair of trowsers or a waistcoat or a suit—Mr. Williams came and said, referring to those three parcels, "This is Messrs. Parnall's cloth"—Taylor said "Yes, you are quite right. I bought them of Betts"—I said "How long is it since you had them?"—he said "About two months ago"—the top one was I believe marked 9182, and I asked him how much the quantity was—he said "That I bought for 3 yards and I have used 3/4 of a yard"—Mr. Williams measured it, and I measured it also; it is 4 1/4 yards now—the second piece is numbered 7443—he said "I bought that about the same time for 7 yards," and that he had not used any of it—it measured 8 3/4 yards—he said "I bought the light-coloured cloth for 10 yards and used 1 1/2 yards of it"—it was measured and contained 13 yards—I asked him about the invoices—he looked on his file and said that he could not find them, and I looked afterwards—while I sent the officer for one of Mr. Parnall's men Taylor referred to a piece of cloth and said "When we go to a firm they sometimes do give us a yard or two in; you need not say anything about that"—I said "I would rather you would not say that, because whatever you say to me I shall have to mention at the Police Court"—I took him to the station and took charge of the cloth, the buckles, and the braid—on 3rd June, after he was remanded, I made a further search and found this piece of braid on a shelf under some velvet in the shop—Betts wanted to see me—I went to the station and he gave me some information about the braid—I then saw Taylor, showed him the braid, and said "Betts says that you were there with him on the Monday and asked him to get you a piece of braid and you understood that he was not to enter it"—Taylor said 'That is quite right; I shall say nothing to you, what I have got to say I shall say to the Magistrate up stairs"—he also said "I have been seen at the Old Bailey and have been told all what you have found, so you see it is no news to me"—I had previously cautioned him.
Cross-examined. I never knew detectives to be in uniform—I did not hear the prosecutors give directions—I only took the statement of Betts that if it had not been for Taylor he would not have done it—I gave the directions myself to take the goods to Taylor knowing that Betts had said that he had taken them—I followed the porter in a cab and kept his cart in
sight—the porter was there 1/4 of an hour or 20 minutes—there was some mistake in the book and he went back a second time—the prisoner might be cutting out; he was facing the door with some cloth in front of him—I did not go in to cross-examine him; but it would be very unfair to take him without giving him an opportunity of explanation—the porter put the goods on the counter, and I found them on the other side of it, and the buckles on a shelf—the envelope was in his hand; the invoice was not in it—I have been a little bit of a tailor, and I measured the goods—two tickets were on the cloth, the others were off—I have not the least idea whether those are Paruall's tickets—I have not inquired—I went to Betts at his cell at Guildhall Police Court, and said "Do you mean the braid?"—he said "Yes"—I then went to the door of Taylor's cell—I did not go in—I told him that Betts said that the braid came from Parnall's, and that he had given it to him—this was about 1/4 of an hour before they went before the Magistrate—I went to the cell at Betts' request, and I told Mr. Lewis so, when he complained of my going to see him—he did not complain of my cross-examining him—the Magistrate said that I had better not see Taylor, but I went to Betts when he sent for me—Mr. Judge Payne told me 7 years ago that I had a right to do it.
Re-examined. Betts sent for me—I went and got the braid and gave it to Betts to see whether that was the braid he referred to—I then showed it to Taylor and told him the statement.
ORBELL JAMES HUSLER . I am an entry clerk to the prosecutors—on 12th January there is an entry in my book "No.9,182, 3 yards of Cheviot at 4s. 5d." in my writing—that entry was given me by Betts—it is debited to J. Taylor, Kingsland.
ALBERT WILLIAM KEMPTON I am a clerk in the entering department—I find in my book an entry on 8th April in my writing—I made it from information given me by Betts—when goods are sold Betts calls them over and I enter them, and then I call them back again to check it—the goods here entered to J. Taylor, of Kingsland, are numbered 7,440 to 7,447, omitting 7,443, and the total amount is 24l. 3s.—I have another entry on 1st June—from information given me by Betts, six lots of cloth and a gross and a half of buckles to J. Taylor; total, 7l. 10s.—I have entered the readymade clothing as well—that would be entered by somebody else, but it went into the same invoice which was made out and sent with the goods—this is it.
Cross-examined. Betts came to me with a piece of paper with the lengths on—he sometimes came with them in a book, sometimes on a piece of paper—he calls them over to me, I don't look at his paper—the lengths are measured before that—a parcel may contain 100 yards or 10 yards—there is no check that I know of, but I should not like to say—I do not send in the account, the ledger is in the counting-house.
Re-examined. The other clerk who is with me makes out the invoices from the journal, and then he would have the materials to see against what name the goods are ordered—the quantity and price would be given by Betts with the numbers.
DAVID WILLIAMS . I am warehouseman to Messrs. Parnall & Co.—on 2nd June, I was sent for to Taylor's shop, and found him there and Davis—I saw the three pieces of cloth there; one is numbered 9,182, and the quantity is marked "3"—I know that as being in our possession—Taylor said that he had bought it for 3 yards and had used three quarters
of it—I measured it, and found 4 1/4 yards—it is 5s. 9d. yard—the other piece is numbered 7,443, 7 yards—that is one of the tickets of the firm—Taylor said that he bought it for 7 yards—I measured it, and found 8 3/4 yards—the price is 3s. 10d. or 3s. 11d. per yard—the piece of grey has no ticket on it—he saw that he bought that for 10 yards and used 1 1/2 yards of it—I measured it, and there were 13 yards—it is 6s. 6d. a yard—I have examined the 6 pieces in the light paper and measured them, the total length is 95 1/2 yards, value about 34l. 13s.—I find six pieces of cloth entered in the invoice Taylor gave to the officer—the quantity is 37 3/4 yards and the price 7l. 3s. 4 1/2 d.—besides the difference in quantity, the prices in the invoice are below the proper price—I cannot say how much because they are entered fictitiously—Taylor said that he bought those 3 pieces of Betts about 2 months ago as far as he could remember.
Cross-examined. Our tickets were still on two of them—we do not allow our people to give a yard over—we might give in half a yard in a remnant—I have not the control of this department, but the stock is placed under my control—when stock is wanted they come to me or to any other in the department—Betts was also a warehouseman, but we were not in the same department—I had nothing to do with his accounts and cannot tell you the number of it if he was credited—I did not know that Betts had been suspected for some time; I know it now—I have sold Taylor several large quantities of goods.
WILLIAM JOHN BETTS (the prisoner). I was in Messrs. Parnall's service about five years as warehouseman and salesman—Taylor was a cutter in the service when I first entered—he left last November—we knew each other—after he left we were rather friendly; and he invited me to go and see him at his shop, 80, High Street, Kingsland—on one occasion when I was there an end of silk attracted my attention—I recognised it as being in the prosecutor's stock previously—I told him so, and he said "It is not worth while saying anything about it now, I have had it by me these twelve months and am afraid to use it in case it should be recognised"—he also said that he would show me how I could make a pound or two for myself—I asked him in what way?—he said "When I order any goods you can send mo longer goods than I order and charge them the lowest price, and if there is any difficulty about it, we can settle it when you come to see me again, I can make it right with you"—this was about the beginning of December, before he had opened the shop—Lam sorry to say that I fell in with his views, and the first parcel he had was early in January—I entered the parcels in fictitious descriptions and less lengths—the misdescription was to account for the size of the parcels; 10 yards of pilot would make as large a parcel as 20 yards of fine cloth—he told me if I did it in that way that would account for the size of the pieces—I should think our transactions amounted altogether to 60l.—I caused to be delivered goods 60l. in excess of what he was charged, and I have received from him 9l., 4 garments, and a length of alpaca—I cannot remember any particular instance before June 1st—on June 1st he came to the warehouse—he had told me previously that he was coming—he selected the goods which I have here and asked me to do the best I could with them—they would not make a very large parcel, and if I would let him have them he would see me next night and make it all right with me—six or seven pieces were selected—these memoranda (produced) for the purpose of entering the goods are in my writing—he brought a pattern and said he wanted a quarter gross of mohair and three gross of trimming
braid—I got some braid from Mr. Knocker and three gross of buckles—it was my duty to get those goods and get them entered with the cloth, and I described the three gross of buckles as a gross and a half—I gave the braid to Taylor and he put it in his pocket, and said "I will take this with me, it is not worth while entering this"—I mis-described the articles as to quality and price—this memorandum agrees with the invoice—this paper (produced) which was found in my desk is in my writing, it is a correct list which I was to keep in case I was interrogated—Taylor told me to say that I had made a mistake in entering them—I used to see him at his shop in the evening sometimes once and sometimes twice a week—I had not stolen anything when he spoke to me about making a pound or two—I never stole any other things but those I sent to Taylor—I was in the cloth line before I went into Parnall's service—I was with Moses & Levi two years.
Cross-examined. I never stole anything but what I stole for Taylor, but Mr. Watts told me that he had suspected me for some time—he did not say how long—some silk was lost from the alpaca department eighteen months ago—I was told to look for it but it was never traced—they thought it might have got between the fixtures—it was not under my control, I had not charge of the alpaca department, but it was adjoining my warehouse and you might call it the same—they did not examine my books—I am sorry to say that I fell a very ready victim—I fell into it thoroughly and made my fictitious entries under Taylor's guidance—he was a cutter when he was in the firm, and I have an idea that he knew all the rules of the establishment; he found out a good deal by questioning me—he gave me directions how best to steal the goods and how to secrete them—I told Mr. Watts that the goods would not reach 100l. I did not tell him I had received 12l. besides clothes; I said that I received 1l. or 2l. at a time, and I thought it amounted to 12l.—I say 9l. now because I have been thinking it over—I have been in custody six weeks—whenever I stole anything I made an entry of the genuine transaction for my own desk; they are not in my desk now, they would be destroyed after he got the goods, because there would be no further reason to keep them—I first became a thief about January 10th—the largest amount I have stolen at one time is 12l. or 14l., but never to this extent before—this is 21l.—on one occasion Taylor came and paid 20l. to the cashier—one of the foremen, Mr. Leonard, a cutter, lived in Taylor's house, and he sometimes saw me when I went there—I made no secret of being there—the house is two miles and a half from the prosecutor's place.
Re-examined. It was slate coloured silk which was missed twelve months before, and it was slate coloured silk which I saw at Taylor's, and what he said was not worth inquiring about as he had had it twelve months.
THOMAS LEONARD . I am foreman cutter at Messrs. Parnall's, and live in Taylor's house—I went there on 4th December last year—I have seen Betts there of an evening perhaps two or three times a week—he would stay an hour or an hour and a half—Taylor was in Messrs. Parnall's service when I went there.
Cross-examined. I could not come out of the house without going through the shop—I had charge of the house whenever Taylor was out—I had no idea of anything wrong or I would not have remained there.
COURT. Q. Did you ever let Leonard know the arrangement between you and Taylor? A. No.
MR. WATTS. I am general manager to Messrs. Parnall.
Cross-examined. I told Betts that I suspected him some time before June 1st, and I had solid grounds for doing so—my suspicions were first aroused when I heard that Taylor and Betts were friendly, and that was two or three months before June 1st—we sent in an account to Taylor of his credit transactions—I think it was last Thursday—I cannot say how shortly prior to that an account had been sent in, but it would be shortly prior to the day he called and bought his last parcel—he has paid us 140l.—he paid monthly—he came to me to ask me to open an account with him, and although he had been in our employ seven or eight years I did not know him—it was by my order that the things were sent on to him after I found what Betts had been doing—one piece was measured first.
Re-examined. I had Betts watched when Taylor came there—we sent in the account last Thursday because we heard that other accounts had been paid—it was the account which appeared in the books.
COURT. It was not by Taylor's request that his account was sent in?—A. No; I sent it to his house when he was out on bail.
The prisoners received good characters, and Mr. Waits stated that he would endeavour to obtain a situation for Betts, though not at Messrs. Parnall's believing that he had been drawn into it by Taylor.
BETTS— Twelve Months' Imprisonment.
TAYLOR— GUILTY — Two Years' Imprisonment.
Before Mr. Common Serjeant.
MESSRS. BESLEY, WILLIAMS, and VIVIAN conducted the Prosecution; and
MR. STRAIGHT the Defence.
CHARLES DIBBIN . I am foreman to Pickford and Co., at Messrs. Gilbey's Stores—on 17th June I checked three cases to Messrs. Luckin, of Dunmow—when they left Camden Town they were full and in good condition—I signed for them.
Cross-examined. They left Camden Town in the afternoon, and would go to the Great Eastern goods department, Brick Lane.
JOHN BAKER . I am foreman to Messrs. Gilbey—on 17th June I sent three cases of wine to Mr. Luckin, of Dunmow, one of which had two dozen of sherry in it—the usual average weight is 3 qrs. 14 lbs.—it was in good condition when it left.
JOHN MOONEY . I am a carman in Pickford's employ—on 17th June I took a load of wine from Gilbey's Stores, Camden Town, to the Great Eastern Station, Brick Lane, and among it were three cases addressed to Luckin, of Dunmow—I handed them over in good condition.
JOHN FIRMAN . I am sale man in the employ of the Great Eastern Railway, Brick Lane station—on 17th June I saw three cases of wine directed to Mr. Luckin, of Dunmow—I called over the weight to the shipper, who entered it on the invoice.
Cross-examined. I believe it was in the evening.
Cross-examined. I do not know what time it was.
GEORGE CHAPPLE . I am a porter at Brick Lane station—on 18th June, between 10 and 11 o'clock, I took three cases of wine consigned to Luckin, of Dunmow, and gave them to Veal to load into the cart—they were in perfect order.
Cross-examined. It would go on the lift and be lifted up by machinery—the truck was put on the lift at 10.40—it would stand on the line till other trucks were brought—I put a sheet over it but did not fasten it down—some more goods were in it, all for Dunmow.
JOHN CRANE . I am station-master at Dunmow—on 18th June, about 9 o'clock a.m., truck 11,729 arrived there, and I found in it three cases consigned to Luckin of Dunmow from Messrs. Gilbey; two of them were in good condition, the other had the strings cut—one string was lying at the back of the case, and the other was loose—I searched the case and missed six bottles—I found this ticket on the floor of the van, about 15 inches from the front of the case—(Read: "G. E. R., Stratford, 61,874. Received oil, nine pints, for 491 engine. Dobbs, fireman"—the fireman had no right in that truck, his duty was on the engine only.
THOMAS PALMER . I am a porter at the Dunmow Station—on 18th June, truck 11,729 arrived there and I helped to unload it—I found in it a case of wine cut open; I showed it to the station-master; the weight was 2 qrs. 22 lbs.—I saw him pick up a ticket in the truck, and also the knob of a cap, about a foot from the case.
WALTER BAKER . I live at West India Terrace, Maryland Road, Essex—on Thursday afternoon the prisoner asked me for a fresh ticket because he had lost his own or given it to his mate—I gave him a fresh one filled up.
Cross-examined. I help in the oil department—he came to me some time in the afternoon—I do not know whether the fireman gives his ticket to the engine-driver—I made an entry of the fact that I gave him a ticket, but I did not make an entry of this because he said he had lost his other one—there is another man in the place, Rabbit, but neither he or I issued the original ticket to the prisoner; Smith issued that.
WILLIAM BARTON . I am goods guard in the employ of the Great Eastern Railway—I was guard of the van which left London at 12.5 on the morning of 18th June—I took the train to Stratford, arrived there at 12.20, and left the goods there in the goods road.
JOHN MANNING . I am signal-man at the goods station at Stratford—on the morning of 18th June I was on duty and took the goods in and out of the shed—they cannot leave without my signal—I signalled this train, it was four minutes late.
Cross-examined. It was late because there was no room for it to go down—I cannot say whether the engine-driver and fireman were on the engine or not.
I was guard of this train on 18th June—truck 11,729 was on the train for Dunmow—it was shunted at Bishop's Stortford—Turner was the driver I and Dobbs the fireman—the train did not stop before it got to Bishop's Stortford.
Cross-examined. I heard Turner called before the Magistrate for the prisoner—we did not stop between Stratford and Bishop's Startford—we went at a good pace, twenty-nine miles in an hour and ten minutes—the engine and the fireman on it went on to March, and this truck was shunted at Bishop's Stortford—I have said that I would not run the risk of getting on to a truck while the train was in motion, and he might have broken his neck if he had tried—it would require a considerable amount of agility to get from the engine to the truck and return with six bottles—there are no steps to these carriages—I have known the prisoner three years.
WILLIAM SMITH . I am employed in the oil stores at Stratford—the firemen come to me for oil before they leave for their trains—on 17th June the fireman came and I gave him nine pints of oil for engine No. 49l—I gave him the ticket which is attached to the deposition.
WALTER FISHER (Police Inspector G. E. R). On 18th June I went to Dunmow, got into truck No. 11,729, which the station-master pointed out, and nearly in the centre of it I found this knob of a Scotch cap—I after wards joined Russell at a house where he asked the prisoner for the cap he wore on the night of the 17th—he gave it to me from a nail; I handed it Russell—the knob was missing from the top, and he said "This knob fits it exactly.
Cross-examined. I have seen a cap without a knob—I have had a Scotch cap, but it never had a knob on.
JOSEPH RUSSELL (Police Inspector). On 19th June I took the prisoner on this charge—he said "I know nothing at all about it"—I said "I wish to ask you a question, but you need not to answer it unless you like; do you wish to give any account of the oil ticket handed to you for your oil before you left Stratford Station?"—he said "I lost it in Stratford Yard"—I said "I wish to see your cap which you wore on the morning of the 18th, where is it V—he said "At my lodgings"—I accompanied him to a beer-shop at Lynn and saw him take down a cap and hand it to Inspector Fisher—I pointed out to him that the knob at the top of the cap was missing—he said "That has been gone for two months"—I placed the knob on the top of the cap and said "That cannot be so, this is the knob of your cap, and it has been found in the truck close to the case which has been robbed, and likewise your oil ticket"—he made no answer—I took him to Stratford; the inspector read the charge; he made no reply.
Cross-examined. He lives at Stratford, but he went to Lynn with an engine—I do not know that be has been ten years in the Company's service—he was discharged in 1868, and was not taken on again in that department."'
ISAAC SMITH . I am a horse driver at Cambridge—on 18th June I was on duty at Cambridge in the yard at 6 a.m. and saw the prisoner and the driver of the train—the driver was sitting by the side of the engine—I thought he was ill at first, but afterwards I thought he was the worse for drink; I cannot say so much about the prisoner, but I came to the conclusion that he was the worse for drink.
Cross-examined. I was not before the Magistrate—I first gave information last Sunday night to Mr. Fisher, who came to me—I drive the horses to take trucks from one place to another.
Witness for the Defence.
WILLIAM TURNER . I have been an engine driver in the employ of the Great Eastern Railway two years last April, and before that I was five years on the East India Railway—on 18th June I was the driver of the train of which the prisoner was fireman—I had to go nearly 100 yards at Stratford from the engine shed to the place where the train was standing for me to couple the engine on—I don't know when the train arrived at Stratford, but I know that my engine went out from the old engine shed at 12.55—I first saw Dobbs about 12.15—he was on the engine—the train was brought by one engine from Brick Lane to Stratford—the trucks are all mixed, and there is a shunting-engine which separates them—Dobbs had work to do, and he was attending to his duties from 12.15 till the train started—I cannot say whether it would have been possible for him to get to the truck, because I do not know where the truck was—he told me he had lost his oil ticket—I said "Never mind, mate, go and get another one, never mind so long as I have it before I go home"—I had to send it in with the engine ticket—before the engine can start he had to go under the new shed—we fastened on to the train, and it was 1.15 before we started—we ran to Bishop's Stortford without stopping, and he was with me the whole time till we got there; he then got down to get water for the engine—it is not true that I was the worse for liquor at Cambridge, nor was he—a man who is the worse for liquor is not fit to be on an engine—my duty on getting to March was to turn the engine round and get water and coal—there is a locomotive foreman there, and he saw me—it was not suggested that I was drunk that night—I never heard it till to-day—my cap formerly had a nob, the same as the prisoner's, but it has worn off; you would not know it from his.
Cross-examined. This is all that remains of the knob of my cap (produced)—some months ago we had a conversation about this cap; he told me that it had been washed with soft soap, and he advised me to wash mine to get the dirt out of it, and in washing it the knob would entirely wash away—it took about an hour and thirty minutes to go from Cambridge to March—it is not true that I was the worse for liquor at Cambridge; I was standing up driving the train myself.
GUILTY—Recommended to mercy by the Jury on account of his long service — Twelve Months' Imprisonment.
Before Lord Chief Justice Cockburn.
MR. FRITH conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLIAM ROLFE . I am a labourer, and live at Stratford—on the evening of 10th June, between 7 and 8 o'clock, I was standing outside the King's Head in Broad Street, Stratford—I saw nothing till the prisoner came out of the middle door and struck Marney with his clenched fist; I was about 4 or 5 yards off him—he was knocked down—I saw the prisoner go in at the middle door again—I then saw the' constable, Lake, and told him what I had seen—I saw Marney lying insensible—I had not seen him offer to fight the prisoner, or heard a word pass between them.
Cross-examined. If there had been any words at the time the blow was struck I must have heard it—I did not notice whether the prisoner had a
pipe in his mouth or not—I did not see an empty glass on the pavement—I heard no bad language—I did not see Rebecca White, or Harris, or Wood—I did not hear Marney go up to the prisoner and ask him if he was going to fight—I did not see him put up his hands in a fighting attitude—the prisoner walked deliberately up to him, and without anything being said struck the blow.
By the JURY. The deceased was standing outside the door of the public-house with his back towards it—he had a basket of shrimps and some whelks—he had his hands behind him—I did not see him come out of the public-house—I had been standing there about ten minutes or a quarter of an hour before the prisoner came out—I believe Marney had been there all that time.
GEORGE DREW . I am a labourer, and live at 18,. Langhorn Street, Stratford—on the night of 10th June, about 7.30, I was on the cab-rank some distance from the King's Head—I saw the prisoner come out, and by the appearance of the men's attitude I assumed they were having some words together; I did not hear what they said—I was some 20 yards distant—the prisoner went in again, came out in about two minutes and struck Marney with his clenched fist—he fell to the ground, and I never saw him rise any more—I went for a doctor, he said he was ill and sent me to his assistant, but the assistant said he could not come unless he was fetched by an official of the police—I told him the man was either dead or dying, and was black and blue in the face, and I gave him my name—I had not seen Marney strike or offer to strike the prisoner.
Cross-examined. I was not a friend of Marney's—I may have conversed, with him at times, but nothing of any note—the blow he received was in the upper portion of the head; somewhere here (the back part), I could not say where it was—I was walking from the cab-stand—I could not say whether or not the prisoner was smoking a pipe—I did not see a glass on the pavement—I did not see White, Harris, or Wood; after it was done I saw Wood at his door—I did not see Marney go up to the prisoner and put his hands in a fighting attitude—I might not have seen it.
GEORGE LEVICK , M.R.C.S. I am divisional surgeon to the police, and reside at West Ham—on the evening of 10th June, about 7.50, I was called to the police-station and saw the deceased there on a stretcher—I examined him and found that he was dead—I saw no marks—I made a post-mortem examination next morning about 11 o'clock, but saw no marks—the brain was very much extravasated with blood and congested—the lungs were healthy, the heart flabby and weak, the liver slightly enlarged and, in my opinion, diseased—I do not think that had anything to do with the cause of death—I cannot say what was the cause of death—the state of the brain was consistent with a blow.
Gross-examined. Death may have arisen from various causes, it might have been from apoplexy, the giving way of the vessels of the brain—the heart was in such a state of disease as to render death likely at any moment, but I should not have expected to find extravasation of blood on the brain from disease of the heart—from the condition of the liver I should think he had been a hard drinker—I saw no signs of a blow either externally or internally, but, unfortunately, I never saw the body afterwards—I was very ill at the time—I would not pledge myself that death resulted from a blow.
Re-examined. Taking the evidence, I should say the symptoms were consistent
with death resulting from a blow, but not from what I saw—it may have been from a fall or from apoplexy—if it had been from a fall I should have expected to find some external mark; I found none—I ascribe the death to the state of the brain—I don't think the heart had anything to do with it—a blow or fall might bring on apoplexy if there is a weak condition of the blood vessels.
JOHN PAGE . On Wednesday night, 10th June, I was passing by the King's Head—I heard Marney ask the prisoner for a shilling that he owed him—the prisoner said he would break his jaw in, and he held up his hand and hit him under the left ear with his clenched fist and knocked him down—a witness went to pick him up, and he said he would serve him the same.
Cross-examined. I saw Marney with a glass of spirits in his hand—he put the glass down on the pavement—he did not say anything at the time—Marney said he would break Kerridge's jaw, and Kerridge said he would break his—I am not quite sure about which said it.
REBECCA WHITE . I am the wife of Inspector White, and live at 89, Langhorn Street—on Wednesday evening, 10th June, about 7 o'clock, I was crossing the Broadway, Stratford, and was looking at the flowers in a window—I heard some bad language, and on looking round saw the prisoner and Marney—it was Marney said he would punch his b----jaw—I did not hear Kerridge use any bad language—I looked round, and thought they were going to fight—Marney had got his hands in a fighting attitude—he was sparring up to him as if to fight him—Kerridge stood back a minute as if to put something down inside the house—he then came up to the step of the door, and Marney fenced up to him—Kerridge put up his hand as if to push or ward off the blow, and then Marney fell—Kerridge pushed him; it was a push, not like a blow; it was like pushing any one away that he should not hurt you—I have been examined before—I have always told the same story—I said it was a push, like forcing him away.
HENRY HARRIS (examined by MR. WILLIAMS). I was examined before the Coroner—I am a time keeper to the North Metropolitan Tramway Company—on this evening I was outside the King's Head and I saw Marney there—I was about four feet from him—I was standing at one door and he at the other—I heard both him and the prisoner talking; there was a good deal of swearing—I heard Marney say something to Kerridge about a shilling, and he would break his jaw if he did not pay him—Kerridge told him to take himself off, and not kick up a row there, and he put his foot against his basket to turn him away—Marney put himself into a fighting attitude and squared up to the prisoner, and said he should not go away for him or anybody else—he squared up to him twice and dared him to touch him—Kerridge told him not to use such bad language, and to take himself off—he said he should not—Kerridge said "Then I will soon make you," or words to that effect, and he went up to him to push him away—it was not a blow and it was not a push, it was more like a push, and Marney fell—I should say it was a push, nothing more than I have seen other publicans turn men away from their houses when they are kicking up a row—Kerridge's wife manages this public-house—she is always in the bar—I don't know what the prisoner is—I hear he is a porter—I don't know anything about him.
By THE COURT. The effect of the push was that Marney fell with his head on my leg, and glided off on to the ground—the prisoner had a pipe in his mouth during the whole time—I had seen Marney about 5 o'clock quarrelling with another man outside another public-house—I should think he was the worse for liquor—everybody thought he was lying down drunk—when he fell somebody said "Pick him up," and somebody else said "Oh, he will get up when he is a little sober."
MARY SAMPSON . I am a laundress and needlewoman, and live at 9, Channel Sea Road, Stratford—on this evening I was near the King's Head and saw an altercation between the prisoner and Marney—the prisoner said "You want a servant to wait on you"—Marney said something about a shilling—he stooped to cover his basket, and I saw the prisoner strike him a blow with his clenched fist.
Cross-examined. This is the first time I have given evidence—the blow was struck as Marney rose up from covering his basket over—I did not hear him use any bad language—they were perfect strangers to me—I did not see Marney square up to the prisoner—a crowd came up, and I had a baby in my arms, and did not push forward—a good deal may have passed which I did not see—I am sure it was a blow with the fist that I saw, and not merely a push.
HERBERT BUTT (Police Sergeant K 62). I took down in writing the charge against the prisoner and read it over, and in reply to it he made this statement, which I took down, and he signed. (Read: "I was standing in front of the King's Head, Stratford, when Marney came up to me with his basket of shrimps, and accused me of having 1s. belonging to him; I told him to go away, I wanted nothing to say, nor did I know anything about his money; Marney said 'I will have a fight with you;' I said 'I have a bad leg, and don't want to fight;' Marney said 'I will fight you or anyone in Stratford;' he stopped about a quarter of an hour and annoyed me and everyone else, and made use of bad language—as my wife and sister were behind the bar I told him to desist or he would have to go; Marney said 'I will punch your jaw;' he bad a glass, which I took inside; as he went out he said 'I will strike you;' I then struck him on the head and knocked him down, and I am very sorry for it.")
Cross-examined. I did not hear him say that it was with his open hand that he struck him.
ROBERT LAKE (Policeman K 508) (examined by Mr. Williams). I was at the station when the prisoner was charged—he said that what he did was done with the open hand—that was when he was first placed in the dock before that statement was taken down—he also said "I should not have touched him at all if he had not threatened to break my jaw and attempted to strike me"—he said he dealt him a slap on the head with his open hand and knocked him down, and he was sorry for it.
The prisoner received a good character.
NOT GUILTY .
There was another indictment for a common assault, upon which no evidence was offered.
Before Mr. Common Serjeant.
MR. GILL conducted the Prosecution.
GEORGE WALLINGTON : I live at 2, Alfred Cottages—on Whit Monday I was on Woolwich platform with my wife and children—I was holding a child in each hand, and was about putting them into a carriage, when the prisoner put his arm over my shoulder and snatched my watch out of my waistcoat pocket and then gave me a shove back and pretended to be in a hurry to get into the carriage before me—I fell back against my wife, but recovered myself and held the prisoner till assistance came—I said "You have taken my watch"—he made no answer—I gave him in charge—my watch was in my pocket immediately before he came behind me—I have not seen it since.
Prisoner. Q. Did not you say at the station that you felt no tug? A. Yes—I don't know how you took it—the chain was left—you came round in front of me and tried to get into the very carriage I was getting into, and I am certain you are the man—I did not give two men into custody—I have got a witness who gave another man in charge.
MATILDA WALLINGTON . I am the wife of the last witness—I was with him and four of our children—he had one child in each hand—I saw the prisoner come to him, I am sure he is the man—he put his arm over my shoulder and I saw him snatch the watch—I said "My God, that man has got your watch"—he said "Yes, he has"—I saw the prisoner pass his hand towards a person on the platform as he got into the carnage—my husband seized him and pulled him back.
Prisoner. Another young man was fetched out of the carriage who they said I gave the watch too, but there was no proof and the Magistrate let him off.
JOHN ATCHISON . I live at 5, Argyle Place, Euston Road—on Whit Monday I was in a carriage at Greenwich Railway Station, and saw the prosecutor and his wife struggling with the prisoner, and on the guard coming up the prisoner passed a watch to a man—I thought it was Dickenson who immediately went down the platform and got into another carriage—I saw the watch in the prisoner's hand.
GEORGE DYER . (Policeman R 197). I was called and took the prisoner—Atchison said that there was another man who had the watch, and R 229 took him out of a carriage into the station room—I found nothing but this small split ring on the prisoner, which Mr. Wallington identified as having been on his watch—that man was taken and charged, he was remanded for a week and discharged.
Prisoner's Defence. The witness says that he saw me pass it, but we were both searched.
GUILTY **†— Seven Years' Penal Servitude.
MESSRS. POLAND and Beasley conducted the Prosecution; and MR. CURRIE the Defence.
JOHN HEWSON (Policeman R 69). On 16th May, some time after mid-night, I heard a disturbance in Vent Street, Deptford, and found two men in a corner making a disturbance and the prisoner at the bottom of the street holloaing to them backwards and forwards—I told the prisoner to stop that noise and go home quietly, and he struck me a blow on my mouth with his fist, ran across the street, picked up two stones and threw them at me—he was picking up a third when I got hold of him—we struggled and fell, I on the top of him—he begged me to let him get up—I did so, and he was
no sooner on his legs than he hit me a severe blow with something which he had in his fist and knocked me down, fell on top of me, and seized me by the throat with both hands and held me till he was pulled off—I pulled out my rattle to spring for assistance, but the prisoner seized me by the right wrist and prevented my doing so—I snatched it away and hit him on the face under his left eye, which fetched blood on-his cheek—he called out Tom, three more men came to his assistance, and I received a very severe blow on the right side of ray head, which knocked me off of the prisoner on to my left side—I do not know what it was with—the prisoner was then dragged from under me by his companions and he drew out my truncheon and gave me two severe blows with it in the same place on my head—I became insensible, and he got away—when I recovered I was laying in the road and no one was there—I struggled up on my hands and knees and the neighbours bathed my head with cold water—it was bleeding from three, different wounds—I have not had my truncheon since—I have been off duty ever since, and have now got a month's sick leave—the prisoner was brought to the station about 2 o'clock and I identified him directly.
Cross-examined. This was Sunday morning—it is a very respectable street to look at—the stones he threw did not hit me—he was not intoxicated at all—I did not hit him till he seized me by the throat—Atkinson pulled him off me, but did not do anything further—I do not know the other three men—I swear that the prisoner is the man.
CHARLES ATKINSON . I am a railway porter, of 6, Angle Street, New Cross—I was in Vant Street about 12.30 on Sunday morning, heard a tremendous noise and heard Hewson speak to them—the man said that he was not making any noise at all and knocked Hewson down and knelt on him and put his hand on his collar—I heard Hewson moaning and went to his assistance; the man had his knees on his chest pressing him—I got him off, and in about two minutes he knocked him down again and pulled him up again—Hewson then got the best of him and got on top of him—as I went for assistance I heard Hewson call out "Oh, oh," and saw him go to a house and there they washed his head—I did not see Hewson strike the man.
Cross-examined. I mentioned all this at the Police Court—there were no other men on the scene—there were only two lamps in the street, and this was a waste piece of ground and no lamps near—I do not identify the prisoner.
THOMAS FRANCIS (Policeman R). I received information—went into Vant Street and met the prisoner, who had a cut on his face below his left eye—it was then 1.45—I said that I should take him in custody for assaulting the constable—he said I suppose they will take bail for me—Hewson identified him at the station, but he said that it was a mistake, and that he had received the mark on his cheek on Deptford Green the Thursday before.
Cross-examined. I apprehended him from the description given me.
SARAH ROBERTS . I am the wife of James Roberts, of 14, Napier Street, Deptford—the prisoner lodged with us—I saw him on Sunday morning, 17th May, about 12.30 or 1 o'clock, with blood on his face—another man was with him—they came into my room as they came down—the prisoner said that they had been quarrelling with a policeman and had beaten him with a staff, and Smeaton said that they had got it with them—I Aid. not see it—they went out together—the prisoner had washed his face, and I
heard next morning that he was in custody—I had seen him on Saturday in the daytime; he had no mark on his face then.
Cross-examined. He came in with another man who did not lodge with me, a stranger—he said "We have been beating a policeman," and that he thought there were knives used in the quarrel, as he had got a cut on his eye—I mentioned that before—he did not say a word about the other man, except that he had the staff, and the other man did not say a word—I have said before that the other man acknowledged that he had the staff.
COURT. Q. Who said it? A. Smeaton said "This man has beaten the constable, and he has got his staff."
SAMUEL TILLEY . I am a surgeon of Rotherhithe—on 17th May, about 10 a.m., I examined Hewson's head; it had been dressed and strapped up; I found three wounds on the right side, one was an inch and a half long, and another about an inch—they were clean cut wounds down to the bone—in wounds of the head you have them very clean cut in consequence of the resistance of the bone—they might have been inflicted by a policeman's staff—he is still under my care—he is still incapacitated from duty—they must have been very severe blows—he also suffered from inflamation of the throat, which might have been occasioned by the pressure of a man's hand.
GUILTY **— Twelve Months' Imprisonment.
MR. CLARKE conducted the Prosecution.
JAMES ROLF . I am coachman in the employ of Captain Gamble, Somerset Lodge, Kidbrooke, Blackheath—I occupy a room over the stable adjacent to the house—on 26th May I had 16l. in gold and 12s. in silver in a box which I kept locked in that room, and I kept the key in my trousers' pocket, which were hanging on the door—the prisoner was footman in the employ of Captain Gamble—he had been into my room and seen the box and the money—I missed the money on 29th May—I found the coachhouse door a little way open that morning—some of the money my sister had handed to me on the last Woolwich review day, the 21st May, in the prisoner's presence—I heard something afterwards, and on 19th June I went and made a communication to the police—a policeman came and asked the prisoner if he knew anything about the money, and where he got the money to buy the clock and watch, and he said his brother gave him the money—the constable went away, and after he had gone the prisoner absconded from his place, and I did not see him any more till he was in custody.
Prisoner. They turned my things inside out and I could not stay there—I had never had that done before—the coachman said that he did not suspect me.
ELIZABETH ANN GAMBLE . I am the wife of Captain Gamble—the prisoner and the prosecutor were in my service—the prisoner entered my service on the 10th April—about a week or ten days afterwards he asked me for a little money—I asked him how much he wanted—he said a sovereign would do, and I gave it to him—at that time there were no wages due on 22nd May he gave notice to leave that clay month—the constable came to the
house on 19th June, and immediately after that the prisoner went to his bedroom, changed his livery, and put on his own clothes, and went off—if he had stayed till the 22nd there would have been wages due to him—he went away without his wages and without his clothes, and I did not see him till he was apprehended upon this charge.
By THE COURT. He had his things turned out by the constable, and I found a canister of tea and a ring of mine.
EDWIN BEX (Detective Officer R). On 19th June I went to Somerset Lodge, Blackheath, and saw the prisoner—I said to him "Have you heard of the robbery from your coachman?'—he said "Yes"—I said "It appears to me that you had no money when you went into service, and you have been buying several articles, a gold watch," which I now produce—he said "Oh yes, my brother lent me the money"—I asked him where his brother lived, and he gave me his address Bond Street, Rotherhithe—I went there and saw his brother—I searched the prisoner's box at Somerset Lodge—I next saw the prisoner on the 21st June in Prince's Gate, Hyde Park—I spoke to him, and while I was speaking to him a woman brought this gold watch to him and said she did not want to have anything more to do with him, and that he had made it a present to her on 30th April—I told him I should take him into custody—I searched him at the station and found 4l. in gold, 16s. 6d. silver, and 8d. coppers—he said he knew nothing about it when he was charged.
Prisoner. My brother is a witness about the money that was found upon me.
Witnesses' for the Defence.
GEORGE ROLPH . I lent the prisoner 5l. on the Sunday morning as he left his place On the Friday—I saw the coachman and my brother on the "Wednesday night come from Blackheath—my brother stopped behind, and the coachman said "I suppose Rolph told you about me losing some money"—I said "Yes"—he said "I don't accuse him for a moment; it is very hard for me to lose my money"—I said "Yes, so it is, it is very hard for any one to lose money," and when he came with the detective to my house he said "Don't think it is my fault, it is the missus' doing."
Cross-examined. It was the Sunday after he left on the Friday I lent him the 5l.—the constable came to me on the Friday and asked me if I had lent my brother some money, and I said I had not—I had not lent him any money at that time.
NOT GUILTY .
MR. DOUGLAS conducted the Prosecution.
KATE ALLEN . I am the wife of John Thomas Allen, 31, Conduit Road, Plumstead, oil and colour merchant—on Tuesday, 12th June, we went to bed at 12 o'clock, leaving the house safe and fastened up—next morning, in consequence of what the servant said, I went down about 6.30 and found the kitchen window broken just over the snap and the window open and the two doors leading to the garden were unbolted—I missed the property produced, which is my husband's property—I have seen the prisoner before, but I did not know her personally—she came to me once and asked me to
lend her 6d., which I did—that was three months ago—that is all I know about her—she lived next door but one to me—I know nothing against her.
THOMAS COYLE . I live at 112, Union Street, Plumstead—on Saturday morning, 13th June, I was going along Villas Road, Plumstead, at 5.5—I met the prisoner and she asked me if I would carry a parcel for her to the Railway Tavern—I said I would—she took me to 16, Railway Place, which was not far from where I met her—she went into the front gate and into the back garden, and got a bundle which I carried to the Railway Tavern in Powis Street—she told me to meet her at the Dock Yard Railway at 1.30—I went there at that time, but I did not see her then—I saw her in the afternoon in Berry Street, going into a shop; I did not say anything to her—I stayed for a minute, but I could not stay any longer as I had to go somewhere—I did not see her again till I saw her at the Police Court.
MARK LIPSCOMBE . I keep the Railway Tavern, Woolwich—on Saturday morning, 13th June, a little before six o'clock, the prisoner came to me to borrow sixpence to pay the boy for carrying the parcel—I lent it her—I saw her again a little before 7 o'clock with a parcel tied up in a white cloth—the things produced would make up into such a parcel—she said it was the last of her home—she opened the parcel and took away some things and left the others behind—a constable came on the 15th and took away what she had left.
By the Prisoner. I had known you two or three months—you have always conducted yourself well in my house.
The prisoner in her defence stated that she knew nothing about the burglary, that the things were given to her by a woman to pawn, and she did not know they were stolen.
GUILTY — Twelve Months Imprisonment.
Before Mr. Recorder.
Before Robert Malcolm Kerr, Esq.
MR. A. B. KELLY conducted the Prosecution; and MESSRS. STRAIGHT and AUSTIN METCALFE the Defence.
HENRY TURNER (Policeman M 48). On Saturday night, 13th June, about 12.30, I was on duty in High Street, Borough, and saw a man named John Bryan there with some other men—I was with Constable Gillett 215, on the other side of the road—John Bryan was with four or five other men and three or four females making a noise, holloaing, and singing—I went
across the road and asked them to go away—Bryan said "Who are you? I am a detective; I am doing my duty as well as you," and he refused to go away—I said "You are making a nice noise, go away"—he struck me underneath the chin, and knocked me down against the shutters, and ran up Red Cross Court—I followed close after him, and when he got a little way up the court he said "Come up here, you b----, and I will slaughter you"—I followed him about 60 yards, and he ran up Little' Red Cross Court, which is up two steps, and went into the first door on the right—as the door came to, I made a run at the door and forced it open—when I got inside the place was all in darkness, and he struck me in the breast inside the door—I got hold of him and brought him out of the door; he was struggling and trying to strike me—I got him by both arms and as I got outside the door we both fell together down the steps; he falling on the top of his head—I never drew my staff at all—it was all done in a moment, and I had not time to think of my staff—I did not say in the passage "You b----son, I have been looking for you a long time and I have got you now"—I never knew the man before—I did not make a blow at him with my staff, strike the wall and break it—I fell over him down the steps; the other constable came running up the court, and we took the prisoner to the station—we did not stop in Red Cross Court hardly half-a-minute, being a very bad rough neighbourhood, we never should have got the man out—at the time we were in the hall or the front of the house I did not see the prisoner or any woman come down the stairs with a lighted candle in her hand—not a single person was present that I saw—Bryan did not say "I will go quietly if you will let me" not a word of the sort—I did not strike him in the hall—when we had the struggle outside and fell to the ground there was no one present but Gillett, and he came up and helped me to help the prisoner up—I never saw any one till we got out into the High Street—when we were in the court the prisoner was not at the door with a candle and in her night dress—if anyone had come into the passage with a lighted candle and in their night dress I must have seen that—the court is very dark and if anyone had been looking out of the door I might not have noticed them; but if there had been a candle I must have seen them—the Court is under an arch and the top is very dark, and I should have seen a light—the door of the house opens right into the room.
Cross-examined. The place where the disturbance was, was about 60 yards from the Court—I followed him 60 yards—I was close behind him all the time—he slammed the door, and as it came to I put my shoulder against it and forced it open—the moment you got through the door you were in the room of the house—Bryan had given me an ugly blow in the first instance, without any provocation whatever—it hurt a good deal—when I got into the house he was in the room and he struck me again—there was no step from the Court into the room—there is a little threshold—I struggled with him and dragged him out of the place—I should think it is 3 or 4 yards from the door to the two steps where we fell—it opens into Red Cross Court—you turn to the left out of Red Cross Court, and go up two steps into Little Red Cross Court, and the door opened into the room about 4 feet from the steps—there is a lamp at the end of Red Cross Court but it is not very light there—in Little Red Cross Court there is a lamp at the end, and there is another lamp by the steps—I did not hurt myself when I tumbled down the steps—I fell on the top of Bryan—I was going
to take him to the station—the other constable could not have been far off when we tumbled down the steps—he must have been in Red Cross Court—he was not in Little Red Cross Court—the first time I saw him after I brought Bryan out, was when he lifted me up from him after we fell, so he must have been within a few yards.
By THE JURY. Little Red Cross Court is about 30 yards one way and then a little round the corner—Bryan fell on his left side, on the left part of his head.
TEMPLE C. MARTIN . I am clerk to the magistrate at the Southwark Police Court—I was present, and took notes when the prisoner Ellen Bryan gave evidence on 15th June, on a charge against John Bryan for assaulting a constable—she was sworn—I produce my notes. (These having been read stated that she (the defendant), about 12.30 on the morning of 14th June, ran down in her night-dress with a lighted candle, to the door of a house in Red Cross Square, that she then and there saw Henry Turner hold John Bryan with one hand and hit him two blows with his staff on the head with the other; that Turner on that occasion held John Bryan under a lamp and hit him two blows with his staff on the head in the presence of seven or eight persons, and that John Bryan said "I'll go quiet if you'll let me."
THOMAS GILLETT (Policeman M 215). On Sunday morning, 14th June, I was with Turner in High Street, Borough—I saw him follow John Bryan—I was about the width of the street behind—there is a passage leading into Red Cross Square, and Red Cross Court is on the left-hand side, up two steps—I did not go into the Court at all—I saw Turner fall over the steps with Bryan—that was just before I got up to them—Bryan's house is in Red Cross Court, as I understand, and they fell down the steps into Red Cross Square, where I was—I went up to them—Bryan was underneath—I assisted him up, and assisted the constable with him to the station—I saw blood trickling over Bryan's hair when he got up on his legs—I could see Bryan's house in Red Cross Court when I went up—I did not see anyone standing at the door—I did not see any woman in her night dress holding a candle at that door—if she had been there I must have noticed her—there was no blow struck as Bryan was getting up from the ground; I am quite sure of that—I swear Turner had not got his staff in his hand, and I swear that he struck no blow—there was a lamp not far distant, a little below the Court—I did not notice that Bryan made any remark whatever—I will swear that Bryan did not say, in my presence, "I will go quietly"—he appeared stupified when he got up from the ground, and he came quietly to the station.
Cross-examined. There is a lamp at the end of the Court, and one a little towards the Borough—I never went into Red Cross Court myself at all—what I saw I saw in Red Cross Square—I should think the entrance up the two steps is 10 or 12 feet wide—it is a wide entrance—the first thing I saw was Bryan and the constable falling down the steps—the prisoner appeared rather stupified when I helped him up—there was a wound, and he was bleeding.
WILLIAM BACK (Police Sergeant M 21). I was Acting Inspector at the police-station on the night the charge was made against John Bryan—I produce the charge-sheet, which is in my handwriting—the charge was "Assaulting Henry Turner, police-constable M 48, while in the execution of his duty"—I took that charge about 12.45 a.m.—the prisoner, Mrs. Bryan, came to the station about 1.30, and asked me if two young men
were locked up, one of the name of Bryan—she did not make any complaint of ill-usage—I told her what the charge was—she asked me if bail would be taken—I told her it would—she did not say anything about John Bryan's head being cut.
CHARLES CORBETT BLAYDES , M.D. I am divisional surgeon—at the request of Mr. Benson, the Magistrate, I examined John Bryan's head on 15th June, about 2.30 p.m.—I found a large contused wound on the left and rather on the back part of the head, about 2 inches long—it is always a difficult question to say whether such a wound was caused by a blunt instrument or by a fall; but from the position, I am inclined to think it was from the blow of a policeman's truncheon—I should say it was struck from before, backwards—the cut was across the head, not along it—I asked the man to show the position, and he did so—I examined the wound first without asking a question—I was merely asked by the Magistrate's clerk whether it was a truncheon blow or from a fall—that was the only guide I had to it—I examined the wound carefully, without asking a question, and after doing so I asked the man how it was done—my opinion before I asked a question wag that it was from a blow, but yet it might be produced by a fell.
Cross-examined. I have seen a good many dozen truncheon wounds before—it was very like a truncheon wound—from the position it was more like a truncheon wound than a wound caused by falling on the pavement—I should think it had been bleeding—the place was swollen, and I have no doubt that blood had come from it, although I did not see it—the blow that caused that contusion must have been one of considerable violence—it was from 2 to 3 inches down the head.
Re-examined. There was nothing in the wound itself to show that it was not caused by a fall.
THOMAS EVANS . I am a surgeon, and am the son of Mr. Evans, who is a Divisional Surgeon of Police—I assist him in that capacity—I am in the habit of seeing wounds and injuries on people—on Sunday morning, 14th June, I was called to the police-station to see John Bryan—I found a fresh wound on the left side of his head from above downwards about 2 inches long with contused irregular edges—it was bleeding freely—I dressed the wound—I have frequently seen injuries inflicted by policemen's truncheons—my opinion was, that it was not the class of wound that I should consider would be produced by a truncheon, and I formed my opinion at the time before I knew there was anything coming out afterwards—I formed that opinion from the examination of the edges of the wound itself—it would have been a cleaner wound than it was—a truncheon, although a blunt instrument, produces a much cleaner wound than that produced by a fall, the edges are more regular—I was not present when Dr. Blaydes examined him.
Witnesses for the Defence.
EMMA JEWEL . I live at Red Cross Square—I am single and work in the Dover Road—before this affair I had lived three doors from the prisoner for about a fortnight—I heard a disturbance and went out and I stood 9 or 10 yards from Mrs. Bryan—at that time I saw two constables and John Bryan underneath the lamp scuffling—the constables had hold of him by the collar—the lamp under which they were is about 9 or 10 yards from Mrs. Bryan's house—the fair constable (Turner) had hold of Bryan with his left
hand, and he had his staff in his right hand and struck him on the head—I am sure that is the constable—after he had been struck I heard Bryan say "If you will let me alone I will go quiet"—the blood ran down the left side of his head, down his neck—I gave evidence before the Magistrate—my attention was first attracted by hearing Mrs. Bryan say "Oh, my son is being murdered by the police."
Cross-examined. My house is on the same side—when I came down I went to Mrs. Bryan's door and stood alongside her—she had a candle in a ginger-beer bottle and she brought it with her to the door—the candle kept alight—when Bryan was taken by the police the fair constable made two blows at him, but only struck him once—only one blow hit his head—Mrs. Bryan went indoors and dressed herself and I remained till she returned, and then I went into my own house—when I heard the cries I was washing in the kitchen—the cries were pretty loud, the whole court could hear them.
MARGARET LENCH . I live at 20, Red Cross Square, and am a widow—on the day when this happened I heard a noise outside—I ran out and called my daughter, and said "Come out, the constable is breaking in Bryan's door"—he was shoving the door with his hand and he broke it open—he brought young Bryan out and took him from his own door to the lamp—I saw Mrs. Bryan at the door standing in her nightdress, and she said "My son John is killed"—I did not hear any more—I went indoors.
Cross-examined. There was no fall—the constable had him by both hands and pulled him under the lamp—I don't know what became of them—they had gone down the steps at the end of the court.
HONORA GRADY . I am the wife of John Grady, 20, Red Cross Square—Mrs. Lench is my mother—on this night she called out to me that the door was burst in by the constable—I ran out and I saw the constable fetch out Bryan by the collar with two hands—they struggled for ten minutes together, but neither of them fell—the constable got Bryan to the lamp which is 9 or 10 yards from the door and kept him—I went away, and as I returned I heard Mrs. Bryan say "My son is killed by the constable "—she was at the door in her night clothes.
NOT GUILTY .
Before Lord Chief Justice Cockburn.
NOT GUILTY .
To be detained and indicted for an assault.
Before Mr. Common Serjeant.
MR. BESLEY, (with MR. BUCK), for the Prosecution, stated that as there was only evidence of recent possession, he would confine the case to the last Count. MR. MONTAGU WILLIAMS appeared for the Defence.
ALFRED WHICHELOW . I am a fur and sealskin dresser, of 41 and 42, George Wharf, Bermondsey—I have been in business two years this month—on 8th July the female prisoner came to my private house and asked me whether I was a buyer of furs—she was a stranger to me—I said "I
don't know, what sort are they?"—she said "Ermine"—I said "What is the price?"—she said "We generally get 16s. a dozen, but lately we have not been able to get more than 8s. a dozen"—I told her that I was not a buyer generally, I was merely a dresser; that I did not know the exact value of the skins, but if he she would call again at my place of business at 7 o'clock in the evening, I would inquire in the meantime and let her know—she produced a bundle of ermine from under her dress; about twenty skins—I told her I should require the bundle to ascertain the value and she left it with me—she came to my warehouses, No. 41 and 42, about 7.30, that is about 100 yards from my private house, No. 67—I had communicated with the police, and was acting under their directions, and they were outside during the interview—I wrote a letter to the inspector—only us two were present; the work-people were in other parts of the building—directly she came in she saw some nut galls which are are used in our business, she said "Do you use these?"—I said "Yes"—she said "I can get these, in fact Indigo, or drugs of any sort, we get them from the navigation boats from Hamburgh and those places, there are four men in our gang who work these boats; sometimes it is jewellery, spirits, silks, drugs, or furs"—she asked me whether I had made up my mind as to having the ermine—I told her I could not give her 8s., but I would give her 6s. 6d.—she said that she could not take that, and I agreed to give her 6s. 9d.—there were forty-six dozen and seven skins—I asked her whether she would bring them that night—she said "Yes, I would rather bring them at night"—I said "Very well, have you far to fetch them?"—she said "No, only in Gillett Street" I thought she said, but I find there is a Gedling Street about 250 yards from my place—she was to bring them to my house, No.67, as soon as she could—she left and returned in about an hour with forty-six dozen and five ermine skins, and she brought the other two next night—I told her I could not pay her all the money because I was short—she said "Very well, I will call again next night"—I had paid her 5l. on account, and got this receipt (produced)—she wrote the "E. Whitecombe" and I wrote the rest—I told her I was very sorry I could not pay her the balance then—she said "Oh, never mind, we are never short of money; I have been at this business fourteen years and never made a mistake yet, in fact there was a man who used to live in Bermondsey Square and had apartments there who started some few years ago with nothing hardly, and he has made so much money by it that he will take very little of us now; he is almost independent"—I told her to call again on Saturday—she said that most likely she would see me in the latter part of the next week; that there were two boats coming from Hamburgh to London, from which they got the goods, and that she was very busy this time last year and doing a rare trade—I paid her 4l. 10s. more on account, and it was put on the same receipt—she said that she had made a mistake the previous night and signed her right name, and she had better scratch tha out and write her false one, and she scratched out the name and signed "M. Hall" underneath it—that was in my private house—a detective was present; he got into a cupboard when he heard her knock—I had been inclined to have the door open at the previous interviews so that the detective, who was in another room, might hear our conversation, but she suggested that the door should be shut, and it was through that that I had the detective in a cupboard on the second occasion—when she came-in I asked
her whether she had anything; she said "No, not yet, but my husband is out to night and will be out late, and I shan't know till he comes whether we shall have anything or not"—she spoke again about the four men in the gang, lumpers who bring these things ashore—she said that the things were brought to her house, and there was a secret passage leading from her house to another, and that they did not bring them to her house till the goods had been sold by the sample, and that the things were generally brought ashore at 11 or 12 o'clock at night, and sometimes 1 or 2 o'clock—a deal of conversation passed, as the police told me to draw as much as I could out of her—the man in Bermondsey Square was referred to again, and she said "Do you know that party?"—I said "No"—she said "He lives over the water, and rides about in his carriage"—there was one skin over, and I asked her what she would charge—she said "We will not be particular about a skin. I will charge you three halfpence for them"—she said that she was in the habit of taking about 30l. a week at various places from publicans and chemists—she also said that she did not know what they were going to get till they got them; sometimes it was grebes and sometimes it was ermine—she said "In the case of jewellery we take the stones out and burn them, and in the case of skins we cut the marks out and burn them, so that they should not be known"—she also said "I would rather bring them here as it is handy for me, because there is the 'bus hire over the water, and another thing, we have to be very careful what we are about"—I paid her 6l. 4s. at that time, the balance of the account—she gave me a receipt, I said that I was very sorry I could not pay her at the time—she said "Never mind, we shall understand each other better in future"—I have seen her since she was in custody—I went to her house, 31, Gedling Street, that evening, 30th April—the police advised me to do so—I saw a little girl outside the door—there were some gloves in the window for sale—I went in with the excuse to buy a pair of gloves, saw her there, and she introduced me to her husband—I said "I suppose you have not been able to get anything lately"—she said "No, sometimes it is a month and we don't get anything, but we may get something within an hour from now; through the strike taking place last year we have lost a great deal of our trade"—that was the strike on board the boats—her husband said "Sometimes they like a change, and don't bring them to us but to other places"—the female prisoner brought out some tobacco and I bought 1 1/2 lbs. for 3s. 6d.—she said that they had a great deal of that, and the man said so too—I said "It is a bad job you have not been able to get anything lately"—he said "Yes, it is a very bad job, but I will come round and see you as soon as I get something "—he also said "I have got some black grains"—that is leather—I said "They will be no use to me"—I had no other interview; the next time I saw them they were in custody—this produced) is the letter I wrote to the inspector—it is dated 8th April—this is the receipt. (Read: Received of A. Wichelow, the sum of 5l. on account of forty-six dozen and a half of ermine, also 4l. 10s. and 6l. 4s. for ermine. M. Hall."
Gross-examined. I conduct part of my business transactions at my private house—I have females working there because I have no room for them at the other place—I do not buy; I am merely a dresser; I dress the skins for other merchants—I did not look to see how the skins were fastened under her frock—when I saw that, I suspected that it was a dishonest transaction, but it did not strike me at once that I should ask some
questions—I asked no questions at all, only about the price—I began the conversation with the male prisoner—he did not say that there was a great deal of tobacco smuggled by the boats, but he said that they got a great deal of tobacco—he did not say how.
RICHARD KIMBER (Detective Officer M). I am stationed at Bermondsey—on 8th April I was desired by Inspector Charlwood to go to Mr. Whichelow's house—some ermine skins were shown to me, and I produce a sample of them—a conversation took place, and at 7 o'clock that evening I went to Mr. Whichelow's private house, and saw the female prisoner come there—she apparently had nothing with her—when she left, I followed her to 21, Gedling Street, Dock Head, and after remaining in the house ten minutes or a quarter of an hour, she left with two children, carrying two baskets—I followed her to Mr. Whichelow's private address; she knocked at the door, and was let in by him—she took the baskets from the children, and they went away—she took the baskets in—I remained till she came out—she then went into the Red Lion, and joined her husband—that was the first I saw of him—they had some conversation, and some money passed—I afterwards followed them to 21, Gedling Street, and there I left them, and communicated with Mr. Whichelow—on the next night I saw her enter the house and leave—she went to 21, Gedling Street—she had nothing with her—I lost sight of her there, and again communicated with Mr. Whichelow—I watched his house again on Saturday night, April 11th, and saw her enter and leave, and on that Saturday night I concealed myself in a cupboard in his house, and heard him say "I can pay you the balance of that bill"—some money was put down, and I saw some writing going on through an opening in the cupboard door—I saw the female prisoner write a receipt, and after she picked up the money she said "We shall understand one another better next time. This is only a small lot; this time last year we were very busy; we were having large quantities of skins from the steamboats, and I have no doubt next week, the beginning or the middle, I shall see you. In fact, even to night we are likely to have some; there are lumpers; there are four in our gang they sometimes bring them at night," and she asked him if he would do with some tobacco or spirits—he said "I don't use that sort of thing, I don't require them"—she said "You will be sure to see me during next week"—I followed her home to 21, Gedling Street—on Saturday, 30th May, I went with Inspector Charlwood with a search warrant—the female prisoner opened the door—I told her to call her husband, and he came—I told them who I was, and that I had got a search warrant to search their house—I said to her "I am going to take you in custody for having in your possession, on 8th April, forty-six dozen and a half of ermine skins which you sold to Mr. Whichelow of Grange Wharf"—she said "I know nothing about the ermine skins at all, I have not sold any"—I took them to the station and produced these two ermine skins, and the receipt, and said "These two skins are a sample of the skins which were sold to Mr. Whichelow, this is your receipt"—she said "I know nothing about the skins, I have not sold any to Mr. Whichelow, I know nothing about them;" Mr. Whichelow gave me the bulk of the skins and they were shown to Mr. Hirschel—the prisoner's house was searched and some pipes were found.
in a large house at Leipzig—ermine skins are packed in twenties, but sometimes in tens—these are old skins—early in April I had a consignment of ermine skins—that was the first consignment of ermines I had—they came in a cask, in the ship Capella, from Hamburg to London—my attention was not directed to the cask before it was opened but when I opened it; it was not full—I then counted the skins against the invoice and there were 598 short, value 20l.—I then looked at the cask and found that one stave had been prised in.
Cross-examined. Ermines are pretty much alike, like rats or ferrets—I am not prepared to say that these are ray ermines—the vessel arrived on the 6th or 7th, and I received the cask on the 8th.
JAMES CHARLWOOD (Police Inspector). I am stationed at Bermondsey—I received this note from Mr. Whichelow; it is dated 9th April—I directed the detective to act in this matter—I was present at 21, Gedling Street when the prisoners were taken on 30th May—I read the warrant to them—they made no reply—I proceeded to search—in a drawer in the front room ground-floor I found these twenty-five pipes (produced)—I said "How do you account for the possession of these?"—the male prisoner said "I bought them of a man at the door"—I said "When?"—he said "I don't know"—I said "What did you give for them?"—he said "I don't know"—after having taken possession of them I said "Having had time to recollect yourself can you tell me?"—he said "Yes, I bought them at the Crown and Anchor public-house, Jamaica Road, of a man who was hard up and wanted some beer"—Mr. Whichelow said "You have had these pipes more than six months, you bought them before Christmas"—he said "Yes, I bought them to give away to my friends."
CHARLES CLARK . I am warehouseman to Messrs. Kulp & Co., 2, White Street, Moorfields, importers of fancy goods—about the end of May we received a consignment of pipes from Vienna—this (produced) is the invoice—we received it about third week in May—I compared the goods with it and did not notice any deficiency at the time, but when we opened the parcel I found about three dozen short—the inspector has those that came in the package; there ought to have been six dozen and eight, and we only found three dozen—those found at the prisoner's place are similar goods—there may be other persons in London importing these goods—they are third class common meerschaum bowls, made in Vienna—it is not a common kind of goods to import to this country, they are odds and ends—we generally buy what other people won't have—I went to Statshund the agent to the General Steam Navigation Company, and took this bill of lading with me—I think three dozen and eight was the exact number missing—I passed the entry at the Custom House, and was present with my partner, Thomas Lowdes, when it was examined, and saw the case nailed up again—I noticed that the dovetails had come out of the cask, it seemed to have been thrown down and had a blow—until the detective came I had not examined the parcel—I had not sold any of them.
THOMAS LOWDES . I am also in the employ of Kulp & Co.—this case came into the premises about the end of May—I noticed that the side was broken—the case was afterwards broken up and the goods put on shelves—I did not examine the parcel till the detectives came.
were, I believe, agents to Mr. Hirschel when the claim was made—we received this about 24th April; it is dated the 23rd—it is in reference to goods brought by the Capella, in April—she arrives every fortnight—we had to pay 20l. 18s. 9d
Robert Whitcombe received a good character. Both GUILTY on the Second Count — Eight years' each in Penal Servitude.
ADJOURNED TO MONDAY, 17TH AUGUST, 1874.