CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 1ST, 1875.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
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, February 1st, 1875, and following days,
BEFORE THE RIGHT HON. DAVID HENRY STONE, LORD MAYOR of the City of London; The Hon. Sir WILLIAM ROBERT GROVE , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir ROBERT WALTER CARDEN , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Bart, and ROBERT BESLEY , Esq., Aldermen of the said City; Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; CHARLES WHETRAM, Esq., JAMES FIGGINS Esq., JOHN PATERSON , Esq., and HENRY EDMUND KNIGHT , Esq., others of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., 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.
JOHN WHITTAKER ELLIS Esq., Alderman.
WILLIAM TIMBRELL ELLIOTT, Esq.
CENTRAL CRIMINAL COURT.
STONE, MAYOR. FOURTH 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 that 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, February 1st, 1875.
Before Mr. Recorder.
MR. BESLEY for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. STRAIGHT and MEAD conducted the Prosecution; MR. MONTAGU WILLIAMS defended Carpenter, and MR. FITZGERALD defended Siggins.
HENRY PERKS . I am a cheesemonger and butterman, at 8, Lower Belgrave Street, Pimlico—the prisoners were in my employment, Siggins for about three years as clerk, and Carpenter as a porter for about four years—Siggins' wages were 18s. a week, and Carpenter's 22s. or 24s.—Thomas Hampton is my manager—in his absence it would be Siggins' duty to prepare the things to be taken out by Carpenter—he would book all the things in the day-book which would remain on the desk—Carpenter bad a. book provided for him in which to enter all the things he left at the different customers—Carpenter was away from my employment for two or three months, from January to March, 1874—a man named Brighty was with me as groom for four or five years—he left in the early part of October last, year—Hampton went for his holiday in August last, and Siggins then performed his duties, and had the whole management of the books—on 26th August I missed 5l.—about the first week in December I met Brighty at Aldridge's—he made a statement to me, in consequence of which I communicated with the police, and afterwards gave the prisoners into custody.
Cross-examined by MR. M. WILLIAMS. Siggins would book the goods that were given out if Hampton was not there, and sometimes if he was there he would count the goods, and Siggins would enter them—I have parted with all the persons who were in my employ except Hampton—I discharged five—in some cases Carpenter would receive ready-money from customers on
his rounds, and he would have to bring it home and account for it to Siggins or Hampton, whichever happened to be at the desk—he would enter it in his own book on his rounds, and it would be copied from that into the daybook, by Siggins as a rule—sometimes it would be done by Hampton—there were five or six porters—I do not know that they were lax in entering ready-money transactions—I have been robbed very severely—I decline to say whether I discharged the other servants for dishonesty.
Cross-examined by MR. FITZGERALD. No one but Hampton, Siggins, and myself would make entries in the day-book—I have a brother-in-law named Jones—if he made any entries it would only be whilst Siggins went to dinner when Hampton was away—he was not in my employ—he came there while Hampton was on his holiday to take charge of the shop while Siggins went to his dinner, and if there was any thing to enter then, he would enter it—none of the porters would make entries—the shop was never left to the porters.
Re-examined. The men I discharged were all porters, who had to go rounds, the same. as Carpenter—I had my reasons for discharging them, but I decline to say what they were, as I may lay myself open to an action—we did not require the names of small customers, such as a servant on board wages, who would have 1/2 lb. of butter, but if it was a family supplied every day, he was then required to put down the name—I did not know until after the prisoners were in custody that I was serving Mrs. Willimott, Mrs. Wyatt, or Mrs. Crompton.
JOHN BRIGHTY . I live at 14, Whitaker Street, Pimlico—during 1874 I was groom to Mr. Perks, and used to drive about with him—when I got married I had to leave—while I was there the prisoners were in the employ—Carpenter was away for about three months at the commencement of 1874—one day while he was away I saw him and Siggins together at breakfast in a coffee-shop in Buckingham Palace Road—they were sitting together conversing; I sat at the same table—Carpenter said he was going to write to the governor to see whether he would take him back, as it would be fortunate or a fortune to him to get back, as he knew more about James (meaning Siggins) than ever he did—he did come back to the employ shortly after—in August, when Hampton was away for his holiday, Siggins had to do his work—I remember something taking place about a 5l. note—Siggins asked me to take a piece of paper to his landlady, to admit me to his room to take his bank-book and purse and bring them back to him—I took the key of his door and the key of a box, and went to his lodging; I was shown his room; I opened a box with the key and took from it a bank-book and a purse—I looked in the book, it was open, and the amount was 40l.—I took the book and the puree to Siggins—he told me there was a 5l. note lost, and he did not want the governor to go and ransack his place—this is like the book—I left the employ soon after—I afterwards saw Mr. Perks at Aldridge's, and told him in substance what I have now stated.
Cross-examined by MR. M. WILLIAMS I don't know that Carpenter said it would be fortunate if he could get back, for at that time his wife was in her confinement.
THOMAS HAMPTON . I am foreman in Mr. Perks' service—I went for my holiday after the 15th August, as near as I can recollect—I was away for about a fortnight—on Saturday, 12th December, I prepared some butter to be taken out by the porters, and placed the different pounds in the
ordinary place; there were 20lbs.—I then went into the parlour to watch—Siggins was left in charge of the shop; Carpenter wag there—the batter was left on the block; I saw it put from the block to the counter; I saw Carpenter leave the shop with his basket—Siggins was in the shop then—I then went into the shop, and saw that the butter was gone, all the 201bs:—there was no one else in the shop—the day-book lies on the desk—I looked at the book, and found only 12lbs. entered—the book is here; the entry is in Siggins' writing—on the following Monday I prepared some more butter in the same way—I can't now say the number of pounds, but there were two more taken away than there was in the book—the prisoners were in the shop—Carpenter went out in the same way—after he had gone I looked in the book, and found 10lbs. entered; I had left 21bs. more on the counter—when the porters deliver butter or other goods to customers they have to enter it in a book which they have, and those books are returned to me—I have inspected Carpenter's book for the week ending 12th December—it is not here—Mrs. Wyatt was not a customer of ours that I was aware of, nor Mrs. Willimot, or Mr. Crompton.
Cross-examined. I have not the books of the other porters here—they put down the amounts they sell, not the names of the customers if they are servants on board wages or small customers.
Cross-examined by MR. FITZGERALD. Siggins has been in the employ three years—he told me he had property of his own before this charge was made.
Re-examined. The porter would have to account for the goods he took out—there was no one in the shop but the prisoners between the time of ray putting the butter on the block and missing it on either day.
JANE WYATT . I live at 73, Charlwood Street, Pimlico—I am a widow and keep a lodging-house—I have for a considerable time past been served by Carpenter with eggs, butter, and sausages—he was in the habit of calling for orders three times a week and afterwards left the goods—I generally paid him when I took the things, not weekly—if he called on on a Monday and I did not pay I should be sure to pay on Wednesday—I never had a bill—I generally paid 5s. or 6s. a week and more—that has been going on for about three years and a half—in the week ending Saturday, 12th December, I had two or three pounds of fresh and about two pounds of salt butter and about 2s. or 3s. worth of eggs, I think the amount that week was 12s.—I paid him for what I had—I paid him 10s. on the Saturday as I did not pay on the Wednesday.
Cross-examined. I was served by another man besides Carpenter, I can't say who he was, I have not seen him since, it was when Carpenter had gone for his holiday or when he had left the service for two or three months, about twelve months ago—I think I was also served by a third man, but during the time Carpenter was discharged Carpenter came to the house with the other man and told me that he was showing him his rounds, and very often when he did not come in he would wait outside—I can't say whether the third man called during Carpenter's holiday; I paid him in the same way—he did not come with a cart, he came with a large basket—I thought I was dealing with Mr. Perks and at the usual prices.
HARRIET WILLIMOT . I am a widow and keep a lodging-house at 79, Denbigh Street, Pimlico—about June I went to Mr. Perks' shop and requested. that some one should call on me—I purchased some butter and paid for it—I gave orders that a man should call twice a week—I have been served
three times a week since that by Carpenter with butter and eggs—I paid on delivery—I paid on an average 5s. or 65. a week—I remember his calling on me on Monday, 14th December—he served me on that day with a pound of the best fresh and 1s. worth of eggs—I did not pay him then, I have paid Mr. Perks since—I can't exactly tell what he supplied me with in the week ending the 12th, it varied, there were butter and eggs—he called on Monday, Wednesday, and Friday.
Cross-examined by MR. M. WILLIAMS. Mine were always ready-money transactions, if I did not pay on Monday I did on Wednesday, there was no bill or book—I don't remember who I saw when I first called at the shop, it was not Mr. Perks—I went to the desk and gave orders.
JANE LUCAS . I am cook in the service of Mr. Crompton, of 57, St. George's Road—about five or six months ago I saw Carpenter and asked him to call at my master's—he did call and supplied me with butter for Mr. Crompton, and he supplied me from time to time up to the time he left—he called twice a week, on Mondays and Saturdays—he came on the Saturday before he was taken and supplied me with a pound of Dorset, he also called on the 14th, he did not supply anything that day—I paid him on an average about 2s. 5d. a week.
Cross-examined by MR. M. WILLIAMS. Mine were always ready-money transactions.
JOHN DOWDELL (Detective Sergeant). I was communicated with by the prosecutor—in company with Sergeant Moon I went to Siggins' premises in Gillingham Street, I found a large quantity of property there, a watch and chain, five scarf pins, two cigar cases, an Albert chain, sleeve links, a box of cigars, a new portmanteau and a bill for it showing that it cost 3l. 5s.—I found about 2l. in money on him.
HENRY PERKS (re-examined). I have searched my day-book that was kept by Siggins, it is here—the ledger is not here—I could not find any of these sums in the day-book relating to Wyatt, Willimott, or Crompton.
THOMAS HAMPTON (re-examined). I have now gob the day book and the books used by Carpenter on his rounds—he would enter the names of credit customers—on his return he would read over the names to me or Siggins—the amounts would be charged against the customers in the day-book first, and afterwards in the ledger—cash payments would be handed to me or Siggins, and the payments entered in the day-book—he should enter in his round-book all he received; everything should be in this book, whether credit or cash—there is no entry on 12th December of any cash payments—I have never received any account of the extra 8lbs. of butter on the 12th—I have never received any money in respect of that; the 12lbs. Are accounted for—on the 11th there is an entry of three pats of butter, and other things, amounting to 2s. 2d.—there is no entry of any sale on the Thursday—on the Wednesday there is 2s. 0 1/2 d. in the day-book, but nothing in Carpenter's book—there is no entry of sales to Mr. Crompton or Lucas on the 14th—the three receipts produced are in Carpenter's writing—this order-book ranges from December 7th to 15th inclusive—I have the leaves of his other books—I have looked through them all—I don't
find the names of any ready-money customers; the items are entered, but not the names.
The Prisoners received good characters.
GUILTY — Nine Months' Imprisonment each.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution. The evidence in this case was precisely the same as that given on a former trial (see page 205).
GUILTY **— Twelve Months' Imprisonment.
155. WILLIAM FLEMING (19), PLEADED GUILTY to unlawfully obtaining by means of false pretences, from Joseph Evan and others, a writing desk, with intent to defraud, having been before convicted in July 1874 —Twelve Months' Imprisonment.
156. JOHN DARGON (40) , to stealing one cloth coat, of William Turner, and ten spoons and other goods, of the New Zealand Loan and Agency Company — Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]And
OLD COURT.—Tuesday, February, 2nd, 1875.
Before Mr. Recorder.
160. FREDERICK SAMUEL FREEMAN (39), to embezzling the sums of 19s. 8d. 2l. 2s. 11d.; also, 12l. 16s. 7d. 3l. 19s. 9d.; also, 2l. 16s. 4d. and 2l. 0s. 9d., of James Walter Perkins— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
161. ALPHEUS MARCUS GAULTIER (37) , to unlawfully obtaining, by false pretences, money from Alsager Hay Hill and others, with intent to defraud**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
162. MATILDA NEALE (19) , to stealing six handkerchiefs and other articles, of John Haviland Dashwood Goldey, her master, also to uttering a forged endorsement to a bill of exchange for 25l. with intent to defraud— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]And
163. CHARLES AARON (51) , to unlawfully obtaining, by false pretences, from George Puckle, and others, 2,100 bags, with intent to defraud— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
MARIAN BLACKALL . I am barmaid at the Swan public-house, in Bridge Street, Westminster—about 8.30 or 9 o'clock, on the night of 11th January, the prisoner came with another man, and called for two glasses of bitter, which came to 4d.—I can't say which paid—a florin was given; they drank together—I gave them change, and they left—in less than five minutes the prisoner came back and asked for 3d. worth of whiskey hot, and paid with a florin—I gave him change—I placed the first florin on a small cabinet, and the second on a marble beside the cabinet—I did not think the second florin was good—I tested them both, and found they were bad—I told the prisoner so, and told the waiter to detain him till I got good money from him,
and he gave me four good shillings—a policeman was outside the door—the waiter called him, and the prisoner ran away—the policeman ran after him and caught him—I gave him the two florins.
ROBERT HOWE (Policeman A 140). I was called to the Swan, and received the prisoner in custody, with the two florins—he said he had received the money of a bus conductor—at the station he said he had received it of a cabman in change of half a sovereign—I found 3 1/2 d. on him.
GUILTY — Six Months' Imprisonment.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution; and Mr.
SIMS the Defence.
ELLEN MACKENZIE . I am shopwoman to Joseph Chemellie, of 249, Portobello Road, Notting Hill—on 14th January, about 8 o'clock in the evening, the prisoner came and asked for 1d. worth of cake—he tendered a florin in payment—I put it in the till—there was no other silver in the till—I gave him change—on Saturday, the 16th, he came again about 8 o'clock, and asked for two penny ice cakes, and tendered a florin in payment—I put it in the till—there was then two shillings and two threepenny pieces in the till—I gave him change, and he left—I had seen him in the shop on the Sunday morning in conversation with Mrs. Chemellie—he could not see me.
Cross-examined by MR. SIMMS. Eight o'clock is about our busiest time—I was alone in the shop on the 14th—if there is silver in the till we give change from that; if not, we send out for change—I don't know what silver there was in the till on the 14th—Mrs. Chemellie came down about a quarter of an hour after the prisoner had left, and about the same time as the 16th—on both occasions she went to the till directly.
JOSEPH CHEMILLIE . I was in my shop on Saturday night, the 16th—between 11 and 12 o'clock the prisoner came in and asked me for two bottles of lemonade and a pound cake, it came to 5d.—he threw some coin on the counter, but I did not see anything, no sign of money—he said it was a 2s. piece—I looked all over the place and he came round himself and could not find it—he told me to take care of it if I found it and he would come in the morning for change—he did come in the morning, but I was not there then, my wife was—he had the lemonade and cake, but said he could not pay the 5d. for the 2s. piece was all he had.
Cross-examined. I told him I had taken a board up—when he came in the morning he was given in charge.
GRACE CHEMELLIE . I am the wife of last witness—on 14th January, between 7 and 9 o'clock in the evening, I went to the till and found a bad 2s. piece, that was the only silver in the till—I threw it into the fire and it melted—on 16th January I went again to the till from 7 to 9 o'clock and then found a bad 2s. piece and no other money—on Sunday morning, the 17th, the prisoner came in and said that on the Saturday night he had thrown down a 2s. piece and it went over the counter and that my husband had told him to call in the morning and if he found it he would give him the change—I told him I did not know anything about it and told him to come again—he came again about 5 o'clock and was then given into custody.
custody and told him the charge—he said "All right I will go with you"—3s. 6d. in silver and 4d. in bronze was found on him.
The prisoner received a good character.
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ISABELLA LUCY FOUNTAIN . I am barmaid at the White Swan in Salisbury Court—I was serving in the bar on 4th June when the prisoner came in about 11 o'clock at night—he asked for half a pint of beer and a screw of tobacco which came to 2d.—he put down a florin in payment—I saw that it was bad and gave it to my father and he told the prisoner it was bad—he said he did not know it—my father sent for a policeman and gave him in charge—he had been in the house about three weeks before and passed a bad florin, which I gave to my father—I recognised him again when he came in on the 4th.
THOMAS HODD . I am potman at the White Swan—about the middle of December I saw the prisoner there, he passed a florin to Miss Fountain—after he left I looked at it and found it was bad—I went to the door to look after the prisoner, but he was gone—I saw him again when he come on the 4th and I am sure he is the same person.
JOSHUA FOUNTAIN . On 4th January my daughter brought me a florin, I went and asked the prisoner where he got it from—he said from Farringdon Market—I asked where he got the one three weeks ago—he said he had never been in the place before—I sent for a constable and gave him in charge and gave the constable both the florins.
GUILTY — Six Months' Imprisonment.
MR. CRAUFURD and MR. COLERIDGE conducted the Prosecution.
MATILDA LUMLEY . I assist my brother, a grocer, who keeps a post-office at 237, Goswell Road—on 8th January, between 7.30 and 8 o'clock in the evening the prisoner came in for 1s. 6d. worth of stamps, and tendered a 1s. and 6d.—he left with the stamps—I did not examine the coin before he left—I was rather suspicious of it and handed it to my brother—I put it on one side on a shelf—on Monday 11th the prisoner came again for 1s. 6d. worth of stamps—I recognised him directly—he gave me 1s. 6d., that shilling was found to be bad, and he was given into custody, and the two shillings were given to the constable.
WALTER LUMLEY . On 11th January, about 4.50 the prisoner came for 1s. 6d. worth of stamps, he gave a 1s. and 6d. in payment—I saw the shilling was bad, and jumped over the counter and detained him till a constable came—I handed the shilling to him with the other that my sister took from the shelf.
GUILTY — Nine Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JULIA MCDERMOT . I am barmaid to Mr. Malone, who keeps a public house in St. George's Street—on 11th January, about 1 o'clock in the afternoon the prisoner came in for 2d. worth of gin and cloves—he offered a half-crown in payment—I noticed that it was very flat on one side—I gave him change and he drank his gin and left—I laid the half-crown on the shelf beside the rest of the money—there were about five half-crowns together—I saw him in the house again about an hour afterwards—Mrs. Malone then served him.
MARY MALONE . I am the wife of Mary Malone, a publican, of 69, St. George's Street—on 11th January, about 2 o'clock, the prisoner came in and asked me for 2d. worth of gin and cloves and a cigar, and paid with a bad half-crown—I broke it before him—he then offered me good money—I said "No, I will keep you now, because I have got some other bad money"—he did not say anything—I told him I suspected he had possessed a bad florin on the Saturday week before—he had been frequently in the house for about a month before—I sent for a constable and gave him in charge—I afterwards found another bad half-crown among the silver—I gave that, with the broken one, to the constable.
GEORGE HODGES (Policeman K 321). The prisoner was given in my charge on the 11th with these half-crowns—the prisoner said he did not know it was bad—on the way to the station he said he never was in the house before—he afterwards admitted being in the house previously—I found two good shillings on him.
GUILTY — Nine Months' Imprisonment.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
THOMAS BALCOMBE (Policeman M 66). About 4 o'clock on the afternoon of 21st January I saw the prisoner go into the Brown Bear public-house, in East Smithfield, and in about five minutes he came running out—I followed him, as he ran along he threw a jug away, and further on he dropped something white down an area—I afterwards took him and asked what he was running for—he said that one of the swells in the public-house was going to strike him on the head with a stick—I took him back to the Brown Bear and saw the prosecutor there—he complained of losing his watch, and said the prisoner had been in his company—I afterwards searched the area and found the watch, which the prosecutor identified.
JAMES WILLIAM BOND . I am a clerk and live at 126, Albany Street, Regent's Park—on the afternoon of the 21st January I was in the Brown Bear—I was unfortunately the worse for liquor—the prisoner went in with me and a friend—I did not notice the watch go away from me—the prisoner was afterwards brought in by the constable—I found. my watch-chain hanging down and my watch gone—it was afterwards shown to me—this is it.
GUILTY — Nine Months' Imprisonment.
MR. WEATHERFIELD conducted the Prosecution; and MR. AUSTIN METCALFE the Defence.
HENRY GEORGE ELSOM . I am in partnership with my father as wholesale stationers, at 3, Short Street, Tabernacle Square—the prisoner entered our employment in October last as a commission traveller—I did not give him any authority to collect money or to sign my name—shortly afterwards we had an account with Mr. Hammond for 3l. 4s. 4d.—I wrote for it and Mr. Hammond returned the letter with something written on it—the endorsement on this cheque (produced) is not mine or my father's—I believe it is the prisoner's writing—he has never accounted to me for that sum.
Cross-examined. I know his handwriting—the arrangement between us had been going on a little over a-month—he has brought us perhaps about a dozen customers, or not quite so many—there was no commission owing to him at the time he was taken into custody—many of his customers turned out to be bad debts, and the commission was returnable—a part of this receipt is torn—I don't know how it became torn—it had on it "per favour of Mr. Tugwood"—I believe I may have torn it in folding it up—it was not done intentionally—I never gave the prisoner authority to endorse a cheque.
By THE COURT. I only knew of his having received this money a month afterwards—he had no authority to receive it—I spoke to him about it after receiving the reply from Mr. Hammond and he told me that he had received the money, and promised to come on the following Monday, instead of which I received this post card—I did not then know that he had endorsed the cheque.
WILLIAM ELSOM . I am in partnership with my son—the prisoner had no authority to receive money on our account—I never authorised him to endorse a cheque—this endorsement is not mine—I should say it was the prisoner's writing.
Cross-examined. I never gave him authority to collect money—I am not aware that he has ever done so—I deal with a Mr. Rippager—he owed us 2l. or 3l.—I find that prisoner received 30s. of that—that was after this; about the same time—he never accounted to me for that 30s.—there was no commission due to him.
ROBERT WILLIAM HAMMOND . I am a stationer in the Edgware Road—in October last I owed Messrs. Elsom. 3l. 1s. 4d.—this invoice was sent to me—this is the receipt which the prisoner gave me when I paid him the cheque—the cheque has been returned to me through my bankers.
Cross-examined. The invoice had on it "per favour of Mr. Tugwood"—the prisoner obtained the order from me—it was the first transaction between us.
GUILTY — Nine Months' Imprisonment.
THIRD COURT—Tuesday, February 2nd, 1875.
Before Robert Malcolm. Kerr, Esq.
MR. A. B. KELLY conducted the Prosecution.
ALBERT CLAYDON . I am a bootmaker at 193, Kingsland Road—on Tuesday morning the 5th January I was awakened about 6 or 7 o'clock—I went down to the door, and found it had been broken open—the chain was broken; I had fastened it up myself the night before—I found two policemen at the door, and I missed about 100 pairs of boots, nearly all the best that I had in my stock—I had seen them safe the night before—about a fortnight after the robbery I was shown two odd boots which had been amongst my stock; I have never sold any of that size—they had been worn; not very much, but they had been in the mud a good deal.
RICHARD NURSEY (Detective Officer N). On the morning of 20th January I saw three men walking along St. John's Road, Hoxton; the prisoner was one of them—I was with another constable—I suspected and followed them, and saw them go to a corner house, and two of them stood in a doorway while one of them went and looked over a low wall—they remained there a few minutes, and then went towards Weymouth Terrace, Hackney Road—they went round the corner, and the prisoner and another one turned from the corner again and came back and met me near the corner—I directly seized the prisoner, and the other one too, but be got away from me—I held the prisoner—he stooped down, and dropped this jemmy on the pavement behind him—I picked it up, and told him I should take him into custody for loitering for the purpose of committing a felony and having housebreaking implements in his possession—I took him to the station and searched him—he was wearing these boots; I said they looked very much like some boots that Mr. Claydon had lost up, the road—I took them off his feet—he said "I bought them in Kingsland Road at Christmas"—I sent for Mr. Claydon, and when he came the prisoner said "That is the man I bought them of; I bought them on Christmas Eve"—Mr. Claydon identified the boots.
ROBERT SAGE (Policeman N). On the morning of 5th January I found that the door of Mr. Claydon's house had been forced; the lock and the chain were broken—I saw this jemmy on the 20th and compared it with the marks on the door, and they exactly corresponded.
Prisoner. I bought the boots out of the shop, and they have been mended since I have had them—I have got a witness who mended the boots.
Witness for the Defence.
He also PLEADED GUILTY to having been before convicted on 1st January, 1868**— Ten Years' Penal Servitude.
MR. GOODMAN conducted the Prosecution; and MR. RIBTON the, Defence.
THOMAS JESSE JOHN SHUREY . I am a painter, living at 4, Cross Keys Square, Little Britain—on the evening of 8th January I was walking along Long Lane with a friend, about 10 o'clock or 10.15—I was set upon by a gang of about a dozen men, who hustled me—they turned me completely round and hustled against me, making a noise with their mouths—they did not say anything—my watch was in my pocket at that time—I had a great
coat on, but it was open—I had seen my watch about five minutes before when I was in the British Workman—the two prisoners are two of the men; I have no doubt at all about them—the hustling went on for about four or five minutes—I did not miss my watch until my friend, who was hustled in the road, came and said "Tom, where is your watch?"—I looked down and saw it was gone immediately—I commenced calling "Police!" and some of the gang left; and when I persisted in calling "Police!" they began to separate—in the confusion I ran hither and thither after several of them—my attention was called by a little boy; he said something to me, and I followed the prisoners—they were about 100 yards from the spot when I came up with them—when I got to the Alley in Aldersgate Street they said they would do for me—I told them they had got the wrong sort of party, and when I got a little further up they said when they got a little higher up they would do for me—a policeman came up, and one of the prisoners ran away—I told the policeman to take him, and I got hold of the other—he struggled to get away—I stuck to him till a policeman came up, and he was taken into custody.
Cross-examined. I always recognised the prisoners; I may not have said so before the Magistrate, but I do recognise them—my friend was not examined before the Magistrate—there were about a dozen men—I could not identify the whole dozen—a boy drew my attention to the two prisoners, and I followed them—I should not have done so if he had not drawn my attention to them; if my attention had been drawn to any others I should have followed them—I never saw these men before—my watch has never been found—the hustling lasted about five minutes—I don't know at what period my watch was taken; I did not miss it at first.
THOMAS HEALD . I reside at 61, Old Street—on the evening of the 8th January I was with Mr. Shurey, in Long Lane, about 10.15—as soon as we' had passed Hayne Street we met a number of young men who were walking in couples, arm in arm—a portion of the gang directed their attention to me, separated me from my friend, and by a gradual but persistent pressure forced me backwards from the pavement into the road—I said "What are you at; what is your game"—they gave no response, but continued to thrust me off the pavement—I noticed that the rest of the gang had surrounded my friend and they were gently turning him round, and then they moved off—I noticed my friend's guard hanging down, and said "Is your watch all right?" and he said "No, it is gone"—we followed the men and called police, and one of them said, derisively, "You can call police"—if the prisoners were to put their hats on I could identify them better—(the prisoners put on their hats)—I recognise Jenkins distinctly, but I can't speak to Harris—I was outwalked—I had got rheumatics in my ankles, and I could not walk.
Cross-examined. I was at Guildhall in the first instance, but I was not' called upon—I was not with the prosecutor when the boy called his attention to the two men—he followed a portion of the gang—it is not only the hat of Jenkins I recognise, it is the face and all together; in the hurry and of an evening how are you to be sure, and when you see a man for the first time in your life—they thrust me right out into the road—I had no watch and he had—I had been spending the evening with him, playing chess—we had not been drinking anything stronger than tea and coffee—we are teetotallers.
prisoners—I am apprenticed at the London Warehouse Company, in Wood Street—I was in Aldersgate Street, near Long Lane, about 10.15 on the evening of 8th January—I saw the two prisoners walk hastily across Aldersgate Street and down the court, and the prosecutor followed them—a little way down the court I saw a policeman, and the prosecutor called to him to stop them—I did not see the gang itself—they both ran after the prosecutor called to the policeman.
ALBERT PLUMBRIDGE (City Policeman 194). I was on duty in St. Paul's Alley, Red Cross Street, about 10.20 p.m., on the 8th January—I heard a cry of "Police! police!"—I ran to see what it was—Harris walked quietly passed me, and the prosecutor called to me to stop him—I ran after him and caught him in Golden Lane—he struggled very hard to get away—I threw him down and held him till I got assistance and took him to the station—both of the prisoners refused their addresses.
HENRY JARVIS (City Policeman 132). I was on duty on this evening in Red Cross Street—I came up to where the prosecutor was struggling with Jenkins—he charged him with stealing his watch—on the way to the station he made a plunge and got away; I captured him again and took him to the station—he said "If any of my friends are here I live nowhere"—he had a ring on his finger, and just before he got to the station he threw it over the pailings and said "Here boys, there is a ring over there worth a dollar if you want it."
Cross-examined. They were perfectly sober—Harris appeared very excited, but I don't think it was from drink.
RICHARD CULLINGWORTH (City Policeman 160). I went to assist Jarvis with Jenkins—I overtook them at the end of Milton Street—Jenkins said, "I am very glad you have come up for I should have been away in another minute; I know nothing about the man's watch I never saw it; I wish there was only one of you now, and I would have another try; I am a good mind to make an attempt now"—as we got into Smithfield he took something off his hand, and I found it was a ring.
Cross-examined. The ring is worth nothing—when we got to the station I saw Harris—he seemed to be acting like a maniac—he was throwing his hands up—Jenkins was quite calm—I agree with Jarvis that they were both sober.
NOT GUILTY .
MR. SAFFORD conducted the Prosecution.
EDWARD LATTER (City Detective 728). About 1.45 on the 25th January I was in Aldermanbury and saw the two prisoners there—I watched them—they were just at the corner of Love Lane, a little way from one another, there were some parcels in the doorway of 11 and 12, Love Lane—White-horn laid hold of one of the parcels, but a man belonging to the warehouse took the parcels in—Whitehorn then came across to me and had a look at me full in the face—they joined together in Love Lane, and then Andrews came and had a look at me—they joined at the top of Wood Street—I followed and watched them for about half an hour, when they went into Milk Street, where there was a barrow standing containing two baskets—I did not know what was in them at the time—they stood opposite the barrow a few yards apart—the man belonging to the barrow took out a little parcel and went into a warehouse—soon after he was gone Andrews
went across the road, seized hold of the handles of the truck, and ran down Milk Street with it—Whitehorn stopped behind apparently on the look out—I had to pass him, and then I looked round and saw he was following me—I caught Andrews with the barrow in Gresham Street, right opposite Guildhall—I told him I was a police-constable, and I should take him into custody for stealing the barrow and its contents—there were two large square baskets in it containing shirts—he said "A man gave me a shilling to wheel it for him"—I handed him over to a constable in uniform and went down to the station, where he was charged—he said nothing further—on the following Saturday, as I was going to Bow Lane to take Andrews to the Mansion House, I saw Whitehorn in Queen Victoria Street, coming towards the Mansion House—I waited till he got close to me—I took hold of him and told him I was a police-officer, and I should take him into custody for being concerned with another man in custody in stealing a barrow and its contents—he said "When?"—I said "Yesterday"—he said "What time?"—I said "About 1.45"—he said "I think you are mistaken"—I took him to the station.
Whitehorn. I don't know this man—I was not with him.
RICHARD WHITE . I am porter to Mr. Thomas Sadgrove, a shirt dresser, of 66, Shaftesbury Street, New North Road—on the 18th of January I was in Milk Street with a barrow and two hampers, which contained white shirts—I went into a warehouse and left them outside, and when I came out the barrow and hampers and shirts were gone, and I next saw them at the, station—they were worth 65l. or 70l.
ANDREWS. A man gave me a shilling to wheel the truck.
GUILTY — Twelve Months' Imprisonment each.
MR. A. B. KELLY conducted the Prosecution.
ELLEN SULLIVAN . I live in Jamaica Place, Limehouse—on 13th January I was at the house—my sister lives there—the prisoner came and asked me about a hat that was upstairs; I told her she could not go upstairs, that my sister was out—she asked me what it was to do with me, and said "You have no business in this house at all, because you don't live here"—she called me most dreadful names, and took a glass off the chest of drawers and said "What would you say if I smashed your face with this?"—she went away, and I went over the road to a neighbour—I was in Gill Street shortly after—I saw the prisoner and a policeman pushing her along—about 12.30, at night, she came and knocked at the door—I opened the door, and the knife came right down in my face, and she said "I meant stabbing"—my sister was in the room—there was no one else outside but the prisoner—I got medical assistance.
By the Prisoner. Lizzie Watson did not open the door—I opened it—it was done on the threshold of the door; the knife came right on my face—it was not done in a fight—I never touched you.
ANN BARNETT . I am the prosecutrix's sister—I was in this house in Jamaica Place, and about 12.30 I heard a knock at the door—my sister went to the door and said "Oh, good God! Annie, I am stabbed!"—I ran. out and saw the prisoner—my sister ran into the room and waited there till a policeman came—I took hold of the prisoner as I thought she would escape—I said I would not lock her up—she sat on the stairs and said "Mrs.
Barnett, I am mad"—I did not see the knife till the constable found it in the room—it was not my knife—I never had an angry word with the prisoner at the time—there was a person there, but I don't know her name—she has left my place.
Prisoner. You served me shamefully, you know you did; the three of you, not one.
ROBERT HILLYER (Policeman N 600). I was called to this house about 1.30 on this night—I found the prisoner there, and took her into custody—she said "I did do it; they beat me first," pointing to the prosecutrix and two other females in the room—she said "I threw the knife into the street"—I went out with the last witness into the street, and found the knife with blood stains on it—this is it (produced)—there was blood on the door step.
PEARCE LEWELLYN . I am house-surgeon at the London Hospital—the prosecutrix was brought there about 4 o'clock on the morning of the 13th—she had two wounds on the face—the upper wound was about 1 1/2 inches from the eye, and about 1 1/2 inches in length, rather jagged—the lower wound was 2 1/2 inches below, and was a clean cut wound 3/4 of an inch long—there was a free communication between the two wounds; they had been made with one blow—such an instrument as this knife would have caused those wounds.
The Prisoner in her statement before the Magistrate, and also in her defence, stated that the prosecutrix during the evening had spit in her face, and that she and her sister had struck her several times, and also knocked her down; that she took up the knife to frighten the prosecutrix and as she went to smack her on the face she got stabbed, that she had been drinking all the evening, and did not intend to stab her.
GUILTY. Recommended to mercy by the Jury — Two Years' Imprisonment.
MR. A. B. KELLY conducted the Prosecution; MR. FRITH defended Cain, and MR. MONTAGU WILLIAMS defended Lavis.
JOHN JOSEPH (a black). I am a steward, and I was boarding at the Trafalgar beershop, West India Road, while I was ill—on the night of the 26th January I was sitting on a bench in the house, and the two prisoners came in—they went up to the bar and then came up to me and said "What a fine young man," and they sat down one on each side of me—Cain was on the right—they asked me to treat them—I put my hand into my pocket and took the sovereign out of a piece of paper, and finding the sovereign I put it back in my right pocket—I put my left hand in my left pocket and took out a 6d. and gave it to Cain—I am sure before giving her the 6d. I put back the sovereign into my right pocket—I stopped there and Cain was coming very close to me, as close as she could, both of them—I said "Don't close me up so," I did not like it—when I gave her the 6d. she called for the beer—Mrs. Jones said "Your tea is ready," and I went and got my tea—there was no one with me, only Mr. Jones the master of the premises—he was taking tea with me—Mr. Jones said "Look in your pocket"—I turned out my pocket-book and found there was 5s. there in silver, and when I put that in my pocket the sovereign was gone and the paper—I had not been near any person at all after I left the prisoners in the bar to go and have my tea.
Cross-examined by MR. M. WILLIAMS. This was in a beerhouse—I had
never seen either of the women before—Cain said I was a fine young man—Mr. Jones is not here—before I charged them Lavis went and fetched a constable, and she complained that I had assaulted her and the policeman came to take me.
Cross-examined by MR. FRITH. I was only about half a minute at my tea.
Re-examined. The woman went to the police-station and charged me with having assaulted her—I said give me the sovereign and she fell on the ground, and she went and called a policeman to give me in charge—they were not there when I went back from the tea table and said I had lost the. sovereign—they had gone away—I was as sober then as I am now.
WILLIAM WORAM . I was in the beerhouse on the evening when the black man was there—I saw the two prisoners there, one was against the door and the other was at the side of him—I saw them fumbling with his pockets, one on the right and the other on the left—I called him away and told him they were searching his pockets, and he kept away from them—they were searching his waistcoat pockets one on one side and one on the other.
Cross-examined by MR. M. WILLIAMS. I told him of it because he had got a drop of drink—I spoke to him because I thought he was not able to take care of himself—he told them to keep their hands to themselves.
JANE FRIEND . I was at the Trafalgar beerhouse on the evening of 26th. January—the two prisoners came in and sat on each side of the coloured man—the one with the red plaid shawl (I know neither of their names) took gold out of the coloured man's right hand pocket—what it was I could not say—whether it was a-sovereign or a half-sovereign I could not swear—it was Cain, the one on this side—she was sitting against the bar on his right hand side.
Cross-examined by MR. M. WILLIAMS. I was not examined before the Magistrate—I went in to get something to drink—I was there about ten minutes—it was a little after 10 o'clock—I saw them come in—the gold I saw taken out was not wrapped up in anything then—I did not say anything then—they went out and came back again and Lavis said "I will bleed you with this key if you say anything"—the key had a chain to it—I had not said anything to her.
JOHN JOSEPH (re-called). The gold was in the right-hand pocket in brown paper—when I put it back it was in the brown paper and when I came to look for it the paper was gone too—Cain said to me "I will giro you 10s. and to-morrow I will give you the next 10s.
JOHN HOPKINS (Policeman H R 13). I was on duty in the East India Road, Limehouse—the two prisoners came to me about 1 o'clock and complained of being assaulted by a man at a beerhouse in the West India Road—I went with them to the Trafalgar beerhouse, where I saw the prosecutor—he said then they had stolen a sovereign out of his pocket—I asked him if he intended, to charge them with stealing the sovereign—he said he did and I took them to the police-station—the prosecutor was quite sober.
Cross-examined by MR. M. WILLIAMS. The prosecutor was not in the bar when the two women brought me back to the house—he was getting his tea they said and I asked them to call him up—the women pointed him out as the man who had assaulted them—in answer to the assault he said he went out to look for the prisoners, he caught the prisoner Cain or tried to catch hold of her and she fell down—no mention was made-of any
robbery till after the charge of assault was made—the prosecutor had every appearance of being sober—I thought he was well capable of taking care of himself—he said he placed dependence on the women and did not think they were going to rob him—he had no vestige of anything like drunkenness about him.
GUILTY — Twelve Months' Imprisonment each.
OLD COURT.—Wednesday, February 3rd, 1875.
Before Mr. Justice Grove.
The Grand Jury in this case having ignored the bill, Mr. Croome for the prosecution offered no evidence upon the indictment.
NOT GUILTY .
MESSRS. BESLEY and CROOME conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOHN PERKINS . I live at 80, Charles Street, Mile End—I have known the two prisoners about twenty-five years—on 26th December, about 6 o'clock in the evening, I was indoors taking my tea with my son Thomas and four friends—while we were at tea there was a violent knocking at the door, I went to open it and found Samuel Draper there; he was alone at that time—lie up with, his fist and struck me a violent blow on the forehead, which caused my nose to bleed profusely—he did not say. a word—I went into the kitchen to wash the blood off my face leaving him in the passage—while I was in the kitchen I heard a struggle going on in the passage and I heard my son say "Father, I am stabbed"—I went into the passage and saw Mrs. Draper trying to pull her son out, and I heard her say, "Sam, come out, you have given him enough of it"—I did nothing, I was in too much pain with my face—I saw my son bleeding from his eye and his chin—he did not say a word to me about it in the prisoner's presence.
Cross-examined. This was on "Boxing-day"—I had not been with my son to a neighbouring public-house on that day—before this I went to get Borne beer for my dinner—I did not go to the tap-room, I only went to the bar—I was examined at Worship Street—my son might have gone to the tap-room, I did not—I said at Worship Street "The house was full of people, I did not see the two prisoners there, I and my Bon went there and left there together"—I don't think my son went back to the public-house after that, I went home and stopped at home for the remainder of the afternoon; my son came in almost directly after me, about ten minutes after I got indoors—there was no fighting between my son and the male prisoner while I was at the public-house—I did not hear my son call Mrs. Draper a b-or hit at her—I did-not see the male prisoner take his coat off in the public-house—I said before the Magistrate that I heard my son say "Father, I am stabbed"—my deposition was read over to me and I signed it—I did not notice whether those words were omitted—my son was not a man of very intemperate habits; he was not in the habit of getting drunk—I have said "He used to get drunk at times, but not more than other men"—I have seen him the worse for liquor—he might get
drunk at times, very seldom—as far as I saw there was not the least provocation for what took place.
Re-examined. It must have been between 2 and 3 o'clock in the afternoon when I and my son went to the public-house—we were both sober—I stated before the Coroner that my eon said "Father, I am stabbed."
ELIZA BABKLAND . I live at No. 2, Squarry Street, Bethnal. Green Road—on the afternoon of Boxing-day, about 4 o'clock, I and my husband and a friend went to Mr. Perkins'; he was not at home when we got there and I went to the public-house opposite and saw him there, and he went back with us to his house—he was sober and had been to work—I saw the son, Thomas Perkins, about the same time or two or three minutes after, he was standing aside of his father a little further in the public-house—he did not go back with the father and us, he came a few minutes after—he was sober—I stayed and took tea with them; I made the tea for them and cooked some bloaters—about an hour and a half, or a little more, after we had got there, I heard a knock and then a kick at the door—Mr. Perkins went to the door and when he came back his nose was bleeding from both nostrils—Thomas Perkins then went into the passage and said, "Halloo, what's up"—I did not hear any answer—the two prisoners and Tom were in the passage, and they seemed all together—he was in the middle—I put up my hand over the male prisoner's shoulders and said "Oh, Tom, what is all this bother?" and I received a cut or scratch on my hand, just inside the thumb, and it bled very much—I did not hear Thomas Perkins say anything—I pulled him like to ma; my husband was coming out of the back parlour with his coat half on and half off, and I said "Come along, we shall all be murdered," and while I was pulling Thomas Perkins along the door was closed and the prisoners were gone—before they went I heard Mrs. Draper say "Come along now, we have given them enough"—I led Thomas Perkins into the kitchen and bathed his face, his eye-brow was cut across, and his lashes were full of blood—my husband went to see for a policeman but could not find one, and then we all went to the station, and Thomas Perkins then went to the doctor's.
Cross-examined. When I first went to Perkins' house they were not at home, and I went over to the Crown and Sceptre—I found Mr. Perkins there, inside the doorway, and his son inside; Mr. Perkins came back with us and left the son behind, he came in about ten minutes afterwards, with a small bottle and a quartern of gin in it—Thomas Perkins and Samuel Draper were struggling together in the passage, he was not fighting—I have stated "They were haying a fight inside the passage by the stairs"—I think the deceased died on 9th January—I think he went into the hospital on the Sunday week after Boxing-day—I Saw him in the interval at my house, he was not going about, he went to get a warrant; I had not seen him walking about, I had not been in his company—this occurred about 5.30—the deceased went to a party after that the same night; after he went to doctor's; he went with me, my husband, and his father to Mr. Brown's house, in the Burdett Road, about half a mile from his house—there was a party at Mr. Brown's—he returned home about 12.30—there was no party kept, I was bathing his eye while I was there—there was to have been a jovial party at Brown's—we did not get there till very nigh 10 o'clock—there was some beer there—we satin the kitchen talking this affair over—there was some whiskey, but there was none introduced to any of them; I had a glass when I left, with the mother, and then we all returned with the Perkins he walked home with his father.
Re-examined. The Perkins were at the Brown's the whole time I was there—we were all to have met there and enjoyed ourselves—both the Perkins were quite sober.
By THE JURY. Thomas Perkins drank some beer at the Browns'—he might drink once twice or three times in the course of the evening—the party was not kept because young Mr. Brown and a friend were out together and' did not come home, so the mother did not keep the party—it was not put off because of Perkins'wound.
SARAH RAVENSCROFT . I keep the Crown and Sceptre in Charles Street Mile End—I know the Perkins—they came to my house on Boxing-day—I did not see them till between 4 and 5 o'clock—they were then outside the bar—I was sitting in the kitchen—they were both together—at 4.45 I saw Mrs. Draper there—she was shaking Thomas Perkins by the right hand and said, "It is six months ago yesterday that you offended me"—she repeated that several times—he replied "Yes, Mrs. Draper; right, Mrs. Draper," in a very quiet way, and he went away directly—Samuel Draper was not there then,' he came in soon after, he was standing at the bar with his mother and wife singing, and there were two other men with him—about twenty minutes or half an hour afterwards Mr. Mann came out of the bar—Mrs. Draper said "That is one of the b—s that signed the paper," and she struck him in the face and the son knocked him down—I got Mann, away and locked him in my kitchen—upon that Mrs. Draper went to the tap-room, and I heard her say "Where is Tom Perkins"—the son took his coat off and beat his chest about and said "God blind me, I am the boy that can do you all," and he fought the partition with both his hands—his father came in and said, "Sam, I think you are going mad," and he got him by the shoulders and got him away, and my son went and assisted him—the female prisoner then said to her son "Sam, I will show you the house; you go down and knock at the door—if they don't open it, burst it open; have Tom Perkins out, or you are no son of mine."
Cross-examined. They came into my house about 4.45 and left about 5.50—there were a good many people in the house during the affair but not at that time—I did not see at what time the Perkins came in—the young one did not appear to have been drinking—I did not hear him use any bad language—a man named Fenn was there—I know Brenton—he was not there, or Boulter.
JAMES COOPER . I live at 84, Charles Street, Mile End—on Boxing-day I was outside the Crown and Sceptre—I saw the two prisoners inside that house about 7 o'clock—they came out and went into their own house in Charles Street—they came out again in about two minutes and went to Perkins' house—I saw Mrs. Draper knock at the door—Mr. Perkins came to the door and Samuel Draper ran in and knocked him down—I did not hear him say anything—I then saw Samuel Draper go to the son, and I saw them struggling in the passage—Mrs. Draper came out and clapped her hands and said "Bravo, we will kill the b—s before we have done with them"—I then went away.
Cross-examined. This lasted about ten minutes, while I was there—there were a lot of girls and boys round the door; not many grown-up persons—I saw no knife or weapon—the struggle was still going on when I left.
JOHN JAMES COLES . I live at 82, Charles Street—on the 27th of December I was at the Crown and Sceptre—I saw the two prisoners there at 5.80, as nigh as possible—neither of the Perkins were there then—
Samuel Draper pulled my whiskers and asked me where young Perkins was—I told him I had not seen him since the morning—he said "God blind me, I can best my two brothers, and I know very well I can do Perkins"—I told him I did not think Perkins would hurt a worm—he then wanted me to have a glass of ale—I did not—I walked, into the tap-room—Mr. Mann was there—he walked out of the tap-room into the bar—I heard the female prisoner say "There is one of the b-s," and she struck him, and. Samuel Draper knocked him down—both, the prisoners then became very excited—the male prisoner beat himself all about the chest—Mrs. Draper came and looked into the tap-room and said "Where is Tom Perkins?"—he was not there—Mrs. Draper then said to her son "Go over and burst the door open I know the b—house; have Tom out; if you don't have him out you are no son of mine"—the male prisoner then left the house and the female went three or four minutes afterwards—they went direct to their own home—they came out again in four or five minutes and went direct to Perkins' door—I saw them knock at the door—I then went home—while I was indoors I heard the male prisoner, whose voice I knew, say "All right mother, you are all right, you have got the knife behind you"—Jones was in my house at the time.
Cross-examined. It was about an hour from the time I was in the public-house till I heard that said—I have known Samuel Draper two years, and knew his voice well—I did not see the struggle in the passage—I saw Thomas Perkins after this; he did not go into the hospital till the following Sunday week—I saw him once when he came from Mr. Riley's the surgeon's, and once when he came into my place—I don't know that he was going about the neighbourhood; I am not at home in the daytime.
By THE COURT. It was about twenty minutes from the time I saw the prisoners knocking at the door till I heard the voice.
JOHN JONES . I am a cellarman, and live at 11, Morpeth Street—on Boxing-night I was at Cole's house, and while there I heard a man's voice in the street say "All right, mother; you are all right, you have got the knife behind you"—it was between 6 and 8 o'clock.
SAMUEL BROWN . I live at 36, Bradwell Street, Mile End—on Boxing-day I was at Perkins' house, having tea with them—I heard a knock at the door—Mr. Perkins went to the door, and as he opened it he received a blow in the face—the son then went to see what was the matter, and I heard a scuffle in the passage—I saw the female prisoner run down the passage, and the male prisoner follow her into the street—he made a blow at me, hit me on the left ear as he ran, and said "I am the b----man, you b----"I saw Perkins with his hands over his face and chin.
Cross-examined. I saw no knife or weapon in the hand of either of the prisoners.
JAMES FULLER . I live at 9, North Street, Mile End—on Boxing-day I was in Charles Street, and saw a crowd by Perkins' house—I could not see what was going on in the passage—I saw Mrs. Draper there—she dapped her hands, and said "Bravo, Sam, let him have it."
CHARLES ROSKELLY . I live at 129, Globe Road, Mile End—on Boxing. day I was outside Perkins' house—I saw Mrs. Draper go and knock at the door, and Saw Mr. Perkins come and open it, and Samuel Draper knock him down—I did not see Thomas Perkins or hear Mrs. Draper say anything.
Cross-examined. I did not see Samuel Draper take his coat off—he came out of the public-house and went indoors, and stripped—I did not see him strip—he came out stripped—he had his coat on when he went in and off when he came out.
WILLIAM CHAPMAN (Detective Officer K). I took Mrs. Draper into custody on 8th January—I told her it was for being concerned with her son Samuel in assaulting Perkins on 26th December—she said "I did not do anything or say anything,"
FREDERICK JAMES RILEY . I am a surgeon, of 68, Victoria Park Road, Hackney—I have also a surgery at 107, Globe Road, Mile End—Thomas Perkins came there between 6 and 8 o'clock on the evening of Boxing-day—I examined him—I found on the right side over the right orbit an incised wound bleeding most profusely, and also found on the left side of the lower jaw a similar wound, both wounds measuring 6-8ths of an inch in length—I arrested the hemorrhage from the upper wound, and ordered him to apply cold water dressings to both wounds—he came to my surgery the following day—I then prescribed medicine for him—I next saw him three or four days afterwards—I then found that in the wound over the right orbit erysipelas was slowly setting in—I prescribed accordingly, and saw no more of him—I formed an opinion of what the wounds were caused by, but it was not a competent opinion; it was, that it was done with a clasp-knife or pocket-knife.
Cross-examined. I could not swear that it was done with a clasp-knife; it was decidedly done with some sharp instrument—he came to me on each occasion.
COURT. Q. Is it not a fact that occasionally with a blow upon a bone the skin is split almost as as if it was cut.? A. Then we always get a lacerated wound running zigzag; this was as straight as a line—in my judgment, this could not have been done by a heavy blow with a fist coming on the orbit bone.
WILLIAM LONG . I am a M.R.C.S., and house-surgeon at the London Hospital—Thomas Perkins was admitted there as a patient on Sunday, 3rd January, about 3 o'clock in the afternoon; he was suffering from erysipelas of the face and head—he remained in the hospital till his death, which occurred at 3 o'clock on Wednesday morning, 7th January—I made a postmortem examination—the scalp was very thin, infiltrated with serum from the erysipelas; the brain was wasted, the heart a little larger than normal, but healthy; there was old and recent disease of the lungs, phthysis; it was not tubercular disease, it was consumption; there were cavities; the lifer was somewhat fatty—he died from the erysipelas—there were two wounds, one Over the right eyebrow, and the other over the left side of the lower jaw, both 7-12ths of an inch long—the erysipelas probably set in upon those wounds.
Cross-examined. He was a very Unhealthy man—the wasting of the brain was very likely Caused by drink—he had probably drunk a good deal—there are two theories about erysipelas; one, that it arises with wounds, and one without; but with wounds they are more liable to erysipelas—no one can tell from what it may arise.
By THE COURT. If it arises from a wound, it would commence around the wound itself.
GUILTY of Manslaughter. SAMUEL DRAPER— Fifteen Years' Penal Servitude.
MARY ANN DRAPER— Ten Years' Penal Servitude.
180. MARY BURT ( ), Feloniously setting fire to certain bedding in the Middlesex House of Correction, with intent to injure, under such circumstances, that if the building had been set fire to, she would have set fire to it feloniously.
MR. POLAND conducted the Prosecution.
SARAH NEAVE . I am a sub-warder in the Middlesex House of Correction, at Westminster—the prisoner was a prisoner confined there under a sentence of three months' imprisonment—she came there on the 21st December—on. Friday, the 22nd January, she was confined in the punishment cell, which is on a corridor where there are a number of other cells—a number of prisoners were in these cells—the punishment cell has a place about 6 or 7 feet from the ground for letting the warm air in from the corridor—the other cells in the corridor have similar places opening on to the corridor, and there are also apertures level with the floor for taking the bad air off—the punishment cell is part brick and part stone, and the door is wood lined with iron—there is a sort of closet in the cell with a pan to it—the seat is made of wood, and is fixed to the building—there is a gas light also in the cell—on Friday morning, 22nd January, I went to the prisoner's cell about 8 o'clock—I lighted her gas—I gave her her bedding, which consisted of a straw mattress, two blankets, and a rug—the mattress goes on the floor—I left her, leaving the gas alight—I went on to other cells—I was about about two minutes, and then went back to her cell—I did not go in—I put her gas out by turning a tap on the outside of the cell—there is a trap to the door, which is made of wood—I opened the trap and asked her if she was all right, and if she was in bed, and she said "Yes, she was"—I shut the trap and proceeded downstairs to, another landing.—the other prisoners in the corridor had had their beds—I went on to the next prison and put the gas out,. and on coming back again I heard ringing of bells and cries of "Fire!"—that was in about ten minutes—I first went into the prison to inquire where the alarm was, and from there I went up to the corridor where the prisoner's cell was—I noticed very dense smoke coming from the ventilator of her cell—I opened the door—I heard her crying out, and I was obliged to rush back, the smoke was so dense—sub-warder Wilson was with me and she pulled the prisoner out—she was in a fainting state—I noticed fire in the cell and a dense smoke—as soon as I opened the door the fire blazed up from the bedding on the floor—the prisoner was lying with her head on the seat of the closet when I first saw her—I got her some water; she was very sick and faint—Fuller one of the male warders came with assistance after I had reported to the matron—the fire was ultimately put out—the prisoner was taken to another cell in a different part of the prison—I asked her how she had done it—she said "I lighted my pocket-handkerchief and hid it white you passed downstairs and then flared it up to make it blaze, then threw it on my bed; when I found that it did not burn quick enough I undressed and took off my underclothing to make it burn better, and I only wish I had burnt the b—prison down"—I examined the cell afterwards—the bed and the blankets were burnt, and the clothing belonging to the prisoner—I found her clothing was deficient
of her chemise and stays—she had a woollen dress on—nearly the whole of the mattress was burnt.
Prisoner. I don't remember saying that I wished to burn the prison down at all—I was insensible at the time and did not know what I was doing.
Witness. I am sure she used those words—she was certainly not well then, she had perhaps hardly recovered from the fright—I think she knew what she was talking about perfectly well.
JANE WILSON . I am one of the sub-warders at the House of Correction at Westminster—on Friday evening, 22nd January, I heard the alarm of fire and went to the prisoner's cell with the last witness—the corridor was smoky, and I saw smoke issuing from the door and the ventilator of the prisoner's cell—the door was opened—the cell was full of smoke—very dense—the prisoner was on her knees at the aperture where the closet is; I pulled her out by the arm—she was suffocating, and vomited when she was outside—after some little time she said if she had been there many minutes longer she should have been suffocated—I asked her why she did it, and she said "I did it for a lark, I wanted to see my bed on fire"—she was afterwards taken to another part of the prison, and nine other prisoners were taken out of their cells and removed because of the smoke—I went into their cells, they were smelling very much of smoke, in fact the corridor was full of smoke—the windows had to be taken out so as to let in as much air as possible—the window of the prisoner's cell was broken to let the air in there—this corridor was the top tier of the building.
THOMAS FULLER . I am one of the warders at the House of Correction—I heard the alarm of fire and went to the prisoner's cell—the door was Shut when I got there—I opened it but had to shut it immediately, the smoke was so dense—I took the window out at the end of the corridor which was filling fast with smoke at the time from the ventilator of the cell—the ventilation of the cell was reversed from the fire, the smoke was going out where the cold air ought to have gone in—after I had taken out the windows I opened the cell door and broke the window—I went in several times before I succeeded getting up to her bed, as the room is 16 feet long—when I did get to the bed I sent it to the other end and put it out as well as I could with pails of water—I went into the cell on my hands and knees on account of the smoke—I put the fire out to a certain extent, and then drew it more towards the door, and then I put it out effectually—nearly all the things were burnt—the mattress was straw with a canvass covering—I did not go into the other cells—I was not present when the prisoner was got out—that was before I arrived.
MARY ANN SIMS . I am the chief female warder at the House of Correction—the prisoner had been there from the 21st December under a charge under the Vagrant Act for three months' imprisonment—she was put into the punishment cell about a week before the fire for a breach of the prison regulations—there were a number of other prisoners in the cells on that same corridor, and one of them was Eliza Smith, who is here.
Prisoner. I was treated different to the other prisoners and placed in the dark—I was ill and went to the doctor to ask him not to allow me to pick the oakum and he said I must do it—I go light-headed in my head and don't know what I am doing.
By THE COURT. She was placed in the dark after she burnt the things in her cell—the surgeon frequently saw her, but he has not reported the case—she was not treated different from the other prisoners—she has committed
two breaches since she came in and was under punishment fourteen days for the first and three weeks for the last, of which she had served a week.
By MR. POLAND. She was put into the punishment cell for tearing up her clothing.
ELIZA SMITH . On the Friday when this matter occurred I was in cell No. 4 on the same corridor on the opposite side, and if I had not been removed out of it in a few minutes it would have caused me my life—I heard cries of "Fire!" and presently my cell began to fill very much with smoke and I had to jump out of bed as quick as I could, and if Miss Sims had not opened my door in two or three minutes I should have been suffocated—when I saw the smoke I tried to ring the bell, but I could not get to it, I fell on the floor—I should fancy the smoke came in at the bottom of the door some where—I have not been well since, for I have spit up blood.
FREDERICK WAGHORN . I am clerk to Mr. Pownall, the county surveyor—I prepared a-plan showing the cells on the corridor and which I produce—the prisoner's cell was 1 B—it is 20 ft. long by 7 ft 6 in. or 8 ft wide on the average—it is an irregular cell and I can't say the width exactly—it is about 9 ft. high—the ventilator is 7 ft. from the floor—the other cells have similar ventilators.
Prisoner's Defence. I am very sorry for what I have done, and I hope you will deal leniently with me. and I will try and lead a different life. I was sent to prison innocently, which of course preyed on my mind. Directly I got there they put me in the punishment cell, and that is why I went on as I did. I went to see the doctor to ask him if he would not do something for me as I was not well, to take me off my oakum and he would not—I did not do it with intent to injure any person.
GUILTY — Eighteen Months' Imprisonment.
THIRD COURT.—Wednesday, February 3rd, 1875.
Before Mr. Recorder.
MR. J. P. GRAIN conducted the Prosecution; and MR. SERJEANT SLEIGH the Defence.
FRANCIS JOSEPH PUTZ . I am managing partner of the firm of Hammel & Putz, chemical merchants of Cullum Street—I had a transaction with the prisoner about September last year—I bought some anthracine of him, according to samples—after purchase I took delivery of those goods and sent them away to the Continent to our customers—a claim was subsequently made of 127l., the goods not being equal to sample—in consequence of that I communicated with the prisoner by letter, and after that I communicated with my solicitors—my impression is that we wrote to the prisoner—I think we wrote a letter making the claim—he then came, but I don't know whether he exactly said he would settle; but at all events he did settle the claim by sending the bill with this letter—this was dated September 28th, 1874, and stated:—"Gentlemen, I feel exceedingly sorry that 'the goods should have turned out so badly. I can't make out how it is. I enclose you draft for the amount." The bill was for 127l. 5s. 6d., payable two months after date, dram, by Arthur J, Dickinson, accepted by
Leonard Dickinson, and endorsed Arthur J. Dickinson. The bill was presented in due course and was dishonoured—I had had one letter from the prisoner's brother, and when I received the bill I believed the signature to be the signature of his brother, Arthur John Dickinson—it was presented at the Bank at Forest Hill, where it was made payable, and it was said there were no funds, and the defendant had left the locality—I then put the matter in the hands of my solicitors—I have compared the signature of the bill with the signature of various letters of the prisoner's which I have; X find it is the same handwriting.
Cross-examined. This was the first transaction I had had with this young man—he sold the goods to me—I saw his brother in Fenchurch Street before the bill became due, and I asked him whether it was his signature—at that time I had reason to believe that it was, from information I had received from various quarters about the prisoner—his brother said he would not answer any questions then, but when the bill became due he would—I don't think I told him what the amount of the bill was—I said it was a bill which his brother had handed over to me with his signature—I never asked him whether his brother had authority to use his name—I did not communicate with the prisoner after what his brother had said—I might have seen him, but I don't distinctly recollect that I did—I know I met him after the bill was not paid, and I told him that it was a very bad case that the bill was not paid, and if he did not come and settle said it would have very serious consequences to him—that was after the bill became due—I might have seen him between the interview I had with his brother and the time the bill became due—we threatened to take criminal proceedings against him in reference to the anthracine because it had not come up to sample—after the bill was dishonoured I placed the matter in the hands of our solicitors—I went to the Mansion House to obtain a warrant—I saw his brother after the bill became due.
Re-examined. I think it was about three weeks or a month after the goods were delivered that we found they were not according to sample—the delivery must have been some time in September—we found out we had been defrauded—we gave the prisoner notice, and after that we communicated with Messrs. Pilgrim & Philips, our solicitors—they wrote a letter—I said nothing to the prisoner about the bill being a forgery until after it was dishonoured.
ARTHUR JOHN DICKINSON . I am the prisoner's brother—I am a manufacturing chemist at Deptford—my brother was in my employ and left about fifteen months ago, and started in business near me—I have seen this bill—it is not drawn or endorsed by me—the prisoner had no authority to sign my name to that bill, or to sign my endorsement, because he never mentioned it till afterwards.
Cross-examined. My brother was nineteen last August—he was office boy with me at first, and looked after the men and signed orders and delivery notes when I was out—he had authority in the general course of business to sign my name to orders and bills of lading, and all those sort of things, when I was out there was no one else but him to do it—I was bound to trust him to that extent-I have a great opinion of him, as I should have now—I never said anything to him about signing bills of exchange, but of course the bankers would not honour them—in all business transactions short of that, he had authority to use my name—I know that previous to this transaction he actually signed my name to bills of exchange, and they
were paid at maturity and I never heard anything more about them—I recollect having an interview with Mr. Putz before this bill became due—it was in Fenchurch Street, I think in the doorway of 155—he asked me the question he has told you, and my answer was "Wait until the bill becomes due"—I did not say anything more than that, I felt very irritated, because he pulled hold of me by the collar—I knew of the bill before Mr. Putz spoke to me—my brother told me what he had done, and said it would be all right—he said he was in a mess with Putz, and he told me Putz's business—I was in hopes that he would pay it, and that the thing would blow over, because I considered him a fool—I found he was living beyond his means and I gave him a jolly good jacketing, and I lost my temper and went out of the house, and I did not go near him for some time because" I considered he was a young fool—he told me distinctly it was all right, and I should not have to pay the bill, that he would pay it, and that he had got some good staff going into Mr. Putz, and he said he had received 70l. and 150l. from Mr. Putz, and they said the stuff was all wrong—he was crying at the corner of Mincing Lane, and I was going to lend him money to pay his wages on Saturday night.
Re-examined. I only heard of the other bills incidentally—I did not give him authority to sign them—I heard they were paid at his bank—he was the drawer—I never knew anything about those bills of exchange, so I could not give him any authority to sign my name to them—I did not give him any authority to sign the bill in question—I did not know it till be came and told me after he had done it—he said "What am I to do?" and I said "Why did you go and commit forgery?" and he said they were going to prosecute him, and he began blubbering, and I said "You are a young fool," and so he is—he had authority to sign bills of lading when he was in my employ—after he left me he used to come a short time in the day and look after the vans—he was assisting me till my other brother came up from Plymouth.
WILLIAM SMITH (City Detective). I received a warrant and took the prisoner into custody in Bartholomew Lane, about 2 o'clock in the day—I told him I was a police officer and I had a warrant for his arrest for forging and uttering a bill of exchange—he said "It is no forgery, my brother knows it is not; I own I uttered it"—J put him in a cab and took him to Seething Lane Police Station; when, opposite the station he suddenly jumped from the cab and attempted to make his escape—we pursued him and brought him back—the warrant was read over to him at the police-office, and he said "I did not commit a forgery, my brother knows that, and I am a man of honour, and if they would give me time I would pay everything that I owe them"—I found a bill for 167l. 12s. 6d. on him—that is a genuine bill, but I have received notice not to part with it.
JOHN WORSLEY PHILLIPS . I am the solicitor conducting this case for Messrs. Hammel & Putz—I received instructions to write to the prisoner for them and I wrote a letter threatening criminal proceedings if it was not paid, as the transaction bore the semblance of fraud.
NOT GUILTY .
NEW COURT.—Monday, Tuesday, Wednesday, and Thursday, February 1st, 2nd, 3rd, and 4th, 1875.
Before Mr. Common Serjeant.
182. CHARLES BEARDSELL (37), WILLIAM McCORKELL (47), ALEXANDER McEWEN (52), and SAMUEL MARTYN (48) , were indicted for unlawfully obtaining two cases of chocolate, value 64l., and other goods by false pretences. Other Counts—for a conspiracy to defraud various persons of their goods.
MESSRS. BESLEY and GRAIN conducted the Prosecution; MR. METOALFE, Q.C, and MR. SOULSBY appeared for Beardsell, MR. SERGEANT SLEIGH and MR. HENRY for McCorkell, and MR. MONTAGU WILLIAMS and MR. CHARLES MATHEWS for McEwen. The prisoner Martyn was undefended.
CHARLES BURGESS . I travel for the Compagnie Franchise who deal in chocolate—I received this letter. (This was proved by Mr. Gumming to be in Beardsell's writing, it was dated 15th April, 1874, from McCorkell, & Go., 8, Queen Victoria Street, to the Compagnie Francaise requesting them to send samples of chocolate.) I called at Queen Victoria Street next day and saw Beardsell who said "That is my letter, I am McCorkell—he said that they were shipping agents and asked me to call again—I called again in a week and saw Beardsell again, who said "Our client is out, call again"—I called again on 23rd April and saw Beardsell and a Mr. Rock—Beardsell said "This is our client from New South Wales," and he told me to send one case for the Cape and one case for the West Indies—I forwarded the order to my principals—this is the invoice, it is for 64l. 6s.—I afterwards received this letter. (This was proved by Mr. Cumming to be in Beardsell's writing, it was dated May 1st, 1874, ordering two cases of chocolate to be sent to Pewtress & Co., packers, to order of McCorkell & Go. with duplicate invoices.) I afterwards received another letter and went on the same day and saw Beardsell, who asked me to transfer the cases to Mr. Bock—I said that I would submit it to our manager—the terms were one month from the date of the invoice—I applied for the money on the day it was due, but I did not get it—I brought an action in the Lord Mayor's Court for the amount and obtained judgment against them—I was present, no one appeared for the defence. (The judgment, which was dated October 6th, 1874, was here put in).
Cross-examined by MR. METCALFE. I did not go to see whether their place was shut up then—the judgment was also against Mr. Rock, he was included in the suit—he has not satisfied the judgment—I signed judgment against them both—when I saw Rock at the office he said that he was the client who wanted the chocolate and the client from New South Wales—he referred to Mr. Williamson, the gun maker, of 42 and 44, Cannon Street—I did not apply there, but I believe the secretary did, that was my manager's business—I supplied them with the reference and left them to make inquiries—I was also referred to A. B. Rock, but I did not know who Rock was at that time.
Cross-examined by MR. SERJEANT SLEIGH. I went to the office two or three times, but I only saw Rock once—I did not subpoena McCorkell as a witness at the Mayor's Court for the purpose of substantiating the claim—it was out of my hands—I do not know that he was subpoenaed—I never saw him till he was in custody.
Re-examined. When I went there the offices were on the second floor—I have received no money for the chocolate.
MEAD ALFRED SHEPHERD RAYN . I am clerk to Pewtress & Co., packers, of 104, Cannon Street—on the 3rd of May I received two cases of chocolate from the Compagnie Francaise, to the order of McCorkell & Co., and on the 9th of May Mr. Rock brought me this document:—"May 9, 1874. Gentlemen,—Please deliver to A. B. Rock, or order, two cases lying
to our account McCorkell & Co. ("Mr. Cumming stated that this was in Beardsell's writing). About the same date someone came from Davis the shipper to inspect the goods under that order—they were transferred from Rock to Davis on the 12th and were" afterwards sent to the Docks under Davis' order.
ALFRED BEALE ROOK . I live at 44, Barclay Road, Walham Green, and am of no occupation—I first knew Beardsell in the beginning of October, 1873—I was negotiating with him as a partner, and there was a verbal agreement, which was never carried out, because he became bankrupt and I lost my money—he introduced me to McCorkell in October, 1873, who said that he was a gentleman from Jamaica and had got a Government concession for raising Port Royal—he showed me a document, and I drew out this other document with him—I negotiated with him with reference to bringing out a company for the raising of Port Royal, which is submerged—at the end of March, 1874, I took four unfurnished rooms on the second floor at 8, Queen Victoria Street—I supplied the furniture, and the name of McCorkell & Co. was painted up about the end of the first week in April—I had nothing to do with anybody but McCorkell—he was to pay half the rent, which was 150l., and his half of the furniture, which cost about 100l.—I got credit for the furniture, and when it was brought in I applied to McCorkell for his portion but could get no money—I asked him in the beginning of April for security for the rent and furniture and' he eventually agreed to give me over some chocolate which he had bought—I have never been in New South Wales—I did not hear Beardsell say that I was their client from New South Wales—I was aware how the chocolate had been obtained—it was my manager who introduced him to the firm—Beardsell mentioned Williamson Brothers as a reference—they were friends of mine—he did not refer to them with my permission, but I had previously introduced him to Mr. Williamson, and he knew him as a friend coming to my office—the chocolate was transferred to me as security for the rent, and it was arranged that instead of paying for half of the furniture they should pay 10l. or 12l. a quarter for the hire of the furniture and that they should go out at Midsummer—they owed me 32l. 10s. or 33l. for furniture, and I got about 26l. for the chocolate—it went to the Docks by my directions—I have never received the balance—they left the office at Quarter Day and went up to the third floor.
Cross-examined by MR. METCALFE. I am an ordained clergyman, but I never held any cure—you will find my name in the Clergy List—but not my address at Fulham—I dropped the clerical title when I went abroad—I went to the Cape to look for diamonds—I have never preached in my life—I came back about two and a half years ago and lived in Loudon doing nothing particular—I did not go to Laurence Lane or Lombard Street—I had nothing to do with Catch & Co.—I had an office in Fenchurch Street for a short time as Rock & Co.—I was the Co. as well as the Rock—I carried on the business of a diamond dealer—I had picked up some diamonds at the Cape—I was swindled out of all my diamonds and then went to Brussels as a merchant, but I did not do any business—I remained there till I went to Beardsell's in October, 1873—I took an office in the name of Rock & Co., but I did not try to get anybody to deal with me—I paid the rent in advance—I went backwards and forwards between England and Brussels and lived in the same house as I do now—I don't remember taking any other office in London—I was not residing in Brussels I had a manager there, Henry Newgus—I had hot
begun business but I paid him rather highly to manage the business we contemplated starting—I opened a banking account and all my money was taken by my manager there—he was not the same manager who I spoke of afterwards—Mr. Leon Scalski was my manager at Queen Victoria Street—but you have not got me to October yet, October is what I want to tell you about—my business at Queen Victoria Street was that of a promoter of mines—I began that when I took the office on Lady Day, 1874—I was introduced to a manager and appointed him—when I got into the office I bought the Carrick silver-lead mine—I did not lose that, I sold it—I was trying to promote it for three months—I was not trying to promote other mines beyond the Hungarian Chrome Company which was put into my hands, and I drew the prospectus of it—what Mr. Burgess said is false as to my being the client who wanted the chocolate for New South Wales—it was neither said by me or in my presence—nothing whatever was said about my being a client, nor do I remember anything being said about my coming from the Cape, but it is possible—I was not introduced to Burgess but I was present—I did not hear the order given—I heard them talking about it but it was not ordered for me—I swear that—I got the order for it on 9th May, and endeavoured to sell it immediately—I got it as security for the rent which had not become due, and I held it as security for the rent and furniture together—I did not wait to sell it till the rent became due, but I paid the rent when it became due, to the Provincial Insurance Company—I afterwards made my business over to other parties—I have no office now—my manager ran away; but you have left out the six months when I lost the big lump of money—I lost it through Beardsell when he was bankrupt—I guaranteed the payment of a dividend on the property being made over to me—I did not perform it because they did not perform their part—I have lost 80l.—I never put my name on the door in Queen Victoria Street—I put Carrick Silver-lead Mining Company—it was not Scalski & Co. when I first took it, but it was after Midsummer—when McCorkell & Co. left I made everything over to Scalski who, I understand, has gone away—"W. McCorkell & Co." was put on their door, and "The Carrick Silver-lead Mining Company" on mine.
Cross-examined by MR. SEBJEANT SLEIGH. I was introduced to McCorkell by Beardsell—I had no office at that time, I was in negotiations for a partnership with Beardsell, and my introduction to McCorkell was not in reference to the concession—my business was as a mercantile man, an agent in procuring capital, and financing things, and so forth—my introduction to McCorkell was not in reference to the Port Royal matter or to the Hungarian mines, it was merely as a friend; I had known him all my life, he had been at school with my brother and I frequently heard of him—I undertook to endeavour to procure capital for working the Hungarian mines for McCorkell—he brought Mr. McEwen there specially to see me, and represented that the mines were McEwen's, and that capital was necessary to carry on the operations—I was spoken to to assist in carrying the project out—Bearilsell's office was at 7, Ironmonger Lane—that was not the office on which "McCorkell & Co." was painted, it was six months later, at Lady Day, that that office was taken—I went to the landlord of the rooms is Victoria Street about taking them and a lease was granted to me—I do not know that it was at my request that McCorkell's name was painted up, but I told him that I could not have my own name painted up; I was not going to trade—I do not call these mercantile matters, I call them
financial matters—I did not want to have anything to do with buying and selling goods—the Lead Mining Company was one of those which I was endeavouring to finance—I promised to assist McCorkell in getting up a company for raising Port Royal, and taking out the valuables and treasures—McEwen was represented to me as a gentlenman having large property in Hungary, and I made enquiries and found that it was so—I have no doubt about it—it is worth a considerable amount—I assisted in drawing up this prospectus it was a speculation, but it was very likely to be successful—this order to deliver the chocolate to Pewtress & Co. is signed by me—it was handed to me by McCorkell and Beardsell, both together, it is Beardsell's writing—Scalski's name was painted up immediately McCorked's name was painted out—that was done at the June quarter, but it was painted on the. Third floor in September—I do not remember that McCorkell expressed himself in very strong and indignant terms about Beardsell obtaining the chocolate, or that he said that he would not allow his name to remain on the doorpost any longer, but I will not undertake to swear that he did not—I do not remember anything of the kind, but to the best of my belief it did not occur—I believe Mr. Scalski was present at the interview, and I wish I knew where to find him—my furniture was seized eventually for Scalski's rent—I transferred it to him when I left the place, and he did not pay me—he was accepted as tenant in my place by the Insurance Company—I sold the chocolate as soon as I could, two or three days after I became, possessed of it.
Re-examined. I obtained a studentship in 1854 and was ordained upon that without any cure of souls—I never proceeded to priest's orders—I had large means of my own at that time, I had my own fortune, about 8,000l.—in the year 1863, I think, I purchased the business of the India Rubber Company—I afterwards went to South Africa, I then had 2,000l. or 3,000l.—there has never been any imputation against my character that I am aware of—if my transactions with Beardsell had been carried out I was to open a house in Brussels in connection with him—I advanced him money between October and March to the amount of 80l. and lost it entirely—I can produce the cheque—here is the counterfoil—it was written on 21st January, 1874, in favour of Samuel Townsend, of Bradford, that was paid on Beardsell's behalf, he was pressing Beardsell for money; goods had been obtained of Harris, of Leeds, and I said that I did not mind advancing 80l. if I had security—that was actual money lost—McEwen was introduced to me early in April by McCorkell—I never sold any chrome ore—I have made enquiries about the Hungarian property—I only know what people tell me, I have never been there—the Hungarian property passed out of my hands—I introduced them to Mr. Alsop—no money was obtained anywhere—I said that I would not let them stay another day unless they gave security for the rent—I never received any document from the Compagnie Frangaise, nor had I any conversation with them—at the time I received the transfer there was no understanding that I was not to dispose of the goods, both McCorkell and Beardsell knew what I was going to do with them, I had no conversation with them in reference to it—it is not true that I ordered the chocolate in any way—this letter in the letter-book of 20th May is in Beardsell's writing. (This was from McCorkell & Co. to the Compagnie Francaise requesting them to acknowledge the acceptance of the transfer of two cases of chocolate to A. B. Rock.")
St. Helen's—on 5th May I received this memorandum from Mr. Fell giving me an order from McCorkell & Co. for 1,000 sacks, in consequence of which I sent them to Pewtress and sent this invoice (produced) to McCorkell's office as requested—the terms were fourteen days after delivery and the amount was 25l. 18s. 3d.—I afterwards called at Queen Victoria Street and offered to take the goods back as I could not get my money—I have never received anything. (An order from the witness to Pewtress & Co. to hold the sacks was here put in, also a letter dated 10th June from McCorkell & Co. to Harkness & Co., which stated "The party to whom we have sold the bags complains of them not being equal to sample, and claims of the sum of 2l. 10s. for removal, the bags have been in frequent use before and are many of them totally unserviceable. Please say what are we to do in the matter," & co.; also a letter dated 16th June from same to the same, stating that the sacks were totally unsaleable and that their client had rejected them and demanded 5l. for cartage and warehousing. The summens to the Lord Mayor's Court was also put in, dated 22nd July, 1874 Judgment signed 7th October, 1874.) I have never obtained anything under that judgment.
Cross-examined by MR. METCALFE. They were damaged sacks, they had been used before; there might be little holes which you could put your finger in.
Cross-examined by Martyn. I cannot say that any blame attaches to you—it is usual for an agent to get a little commission.
Re-examined. I did not know Crevey & Co. in the matter, but I was told that the sacks went from Crevey's to Franklin of Spitalfields—I never saw Martin in the transaction—the samples showed that the sacks had been in use before, some them of were only 6 1/2 d. each—I was prepared to receive them back.
MEAD ALFRED SHEPHERD RAYN (re-examined). I got some bags in June to hold for McCorkell & Co.—they went out on an order which was produced at the Mansion House on the civil suit, and it was not returned to me—Martyn came with a cart and fetched the goods away—he said that he was in a hurry, and we loaded them with all the haste we could—he paid us the charges—the 1,000 bags formed a big cart load.
HENRY PAGE . I live at 43, Commercial Road, Peckham, and am shipping agent for Elliott, Hinchliffe, & Sons, of Leeds—in June and July last I also represented another firm at Brampton Mills—I have known Beardsell several years—I saw him in May last and he said "I am buyer to McCorkell & Co." and that that firm was established to do shipping business, especially to Hungary, that Mr. McEwen was a large land owner in Hungary, that his property consisted of mines of chrome ore, lying on the surface, which had been surveyed at a cost of 400l., and were estimated to be worth 110,000l. and that he would pay 20,000l. into the concern, but he could not do so till the 1st of October, as it would be realised on the chrome ore, which had to be brought to England for sale—I asked him who McEwen was—he said that he lately had an office in Lombard Street, and said "You know, that financial man"—I said "I don't know him"—he said "The fact is the Hungary business is only a snail slice of what his means are," and he gave me references—those statements cover three or four interviews, and McCorkell was present at one of them—Beardsell told me at one interview that McCorkell had been a Justice of the Peace at Jamaica and had a concession from the. Government there with reference to digging up Port Royal—he gave me this
prospectus about it (produced)—he said that McCorkell was a partner in the firm for the purposes of the concession, but McCorkell was not present—I mentioned the firm of Elliott., Hinchliffe & Co., of Leeds, and Beardsell said that if I could get him a couple of sets of patterns he would send them to his agent at Pesth, in Hungary, but he would not order until he had the patterns—that was in May, I think—I gave him some samples about 5 in. by 3 in., which could easily be sent to Hungary by post—he said that McEwen was very well known at Pesth, which would very much influence the business—an order was sent to Leeds by letter, and on the 18th of August I saw Beardsell and McEwen together at their office, which was then moved up to the third floor—I went to them on purpose to get McEwen's responsibility with regard to payment, and I said that we could not execute the order till we had made McEwen personally responsible—this memorandum was drawn out at my suggestion, and I saw McEwen sign it—the substance of it is Beardsell's writing—I was constantly there deciding whether the references were satisfactory—McCorkell was the head of the firm—a partnership agreement was completed—it was not shown to me, but they spoke of it and said that 20,000l. was mentioned in it—on the 8th of September I wrote to my principals, and I know that one parcel of goods was delivered at Turner's, the packers in Barge Yard—this is the invoice. (This referred to nine, pieces of cloth, amounting to 86l. 9s. 6d.) Beardsell instructed me in September to forward other parcels from the same samples—Mr. Corkell was present—they said nothing about the partnership being cancelled on 1st September, I never knew it till. 15th November after they were in custody—a third parcel of goods was sent about 18th September, and this is the invoice. (This was for 26l. 10s. 4d., for three pieces of cloth.) I received the order from Beardsell, in McCorkell's presence—I do not think we received any other orders—I called several times in October and saw Beardsell—he said that he was not ready to pay me, and in fact it was not due till November, because the goods were delivered late—I reminded him that we had a special arrangement for payment in October and I could not make' any alteration in it, he must write direct to the firm. (A letter from Beardsell to Hincheliffe & Sons was here put in, stating that the amount would not be due till November, as explained to Mr. Page.) From the middle to the end of October I called constantly at the office, till one day at the end of October I found it closed, and on another day I went and the name of McCorkell was taken out and Alexander McEwen put up—I found no one there connected with the firm—I afterwards met Beardsell in the street and requested him to come to my office with McEwen, which he did—I wanted a settlement of the account and to know what arrangement they were going to make—Beardsell said that it should be settled in a few days, that McEwen's money would be realised shortly and we need not have any fear-two days after that I discovered that the goods had been pawned—they both called again at my office on 5th or 6th November, and Beardsell told Mr. Crier and myself, that McEwen would be prepared to meet the amount in a few days, and that Hinchcliffe & Smith, of Manchester, had agreed to accept a first charge, upon the matter coming into a solicitor's hands, for payment of their account—I told him that that would not suit, and that we had discovered that the goods had been pawned—Beardsell said "I am astonished, you have sprung a mine-upon me, I sold the goods in the ordinary course of business and if you saw our books you would find them invoiced to Crevey & Co., of Friday Street"—I did not name any particular parcel of goods that had been
pawned—Bcardsell said "They were sold very much against my wish to Crevey & Co. by McCorkell, I am afraid we shall never get our money and McEwen will be the loser; if you wait you will get your money, but it is not possible to get blood out of a stone. Mr. McEwen's papers are in the hands of Morgan & Alsop, of Cannon Street, and they would not detain them for four or five months unless there was something in them. Mr. McEwen is so much vexed with the delay that he has withdrawn them and put them into somebody else's hands"—that was on 3rd November—on 11th November I met Beardsell in Gutter Lane and told him that warrants would be applied for if we found out any more about the goods—he said that no manufacturer with any sense in his head would go to the expense of prosecuting a man after having lost 150l.—I went to the solicitors several times to see the agreement, and asked to see Mr. Godfrey, but never saw him—Beardsell took me there, but he did not show me any agreement—Beardsell asked if there was an agreement, and they said that there was, and told me the terms of it, and about the 20,000l.—I had not on 3rd November ascertained as a fact where the goods were, but at the end of the same week I ascertained that they were at Attenborough's, after which I applied for warrants at the Mansion House—I never held out to any of the prisoners that proceedings would not be taken, on the contrary, they were told distinctly before I knew that the goods were at Attenborough's that if once the warrants were applied for nothing could stop it—neither Mr. Crier, or I suggested that they should pay any money—the Mansion House was first mentioned on 1st November by Mr. Crier—previous to November 2nd I met Beardsell in Walbrook and asked him how it occurred that McCorkell's name was taken down and McEwen's put up—he said that McCorkell's name was very little use to him, that it had been a drag upon him was his expression—this is the statement of our firm—it contains all the three deliveries. (The total of the three was 168l. 12s. 8d.) I saw McEwen sign this letter, "Elliott Hinchcliffie & Co. Gentlemen,—I beg to confirm any transactions you may enter into with Messrs. McCorkell & Co., of which firm I am a partner—I should have written to this effect before, but have been absent on the Continent, Alexander McEwen"—this pencil memorandum is one of those which were left in my office by Beardsell about November 5th. (This stated "I have seen Mr. McCorkell who will bring C. & Co. to anchor") I did not then know of my own knowledge where the goods were pawned—at the end of July or the beginning of August I borrowed 3l. of Beardsell—I don't suppose the others know anything about it—I gave six references for McCorkell & Co., but the only goods supplied on my reference were to Hinchcliffe & Smith of Manchester—some were sent to Robinson & Clay, but not in my reference—I asked for patterns to send to Hungary, I did not see them again—there is nothing unusual about that—the Bampton Company did not supply any goods.
Cross-examined by MR. METCALFE. The order for Hungary was sent to Hinchcliffe's, but part of it was not executed—I have known Beardsell a very long time, but not twenty years—during all that time he has borne an exceedingly good character, and I still say that of him—he was in business before as Naldre, Beardsell & Jackson, and failed—I knew that at the time I was dealing with him—his bankruptcy was five years before—I did not know that he had taken upon himself the obligations of his partners, nor do I know it now, I have no means of knowing it—he bore a high commercial character as to knowledge of business—I made enquiries about McEwen and McCorkell
and went with Beardsell to Mr. Godfrey's office and saw a clerk about McEwen bringing 20,000l. into the firm—that representation was confirmed as far as was possible but nothing was shown to me—I could not get to see any document—I have not since seen the agreement and the documents about McEwen's property—I not only supplied goods but gave references to other people, and I should not have done that unless I believed the representations thoroughly—the last time I saw any of the prisoners was on 11th November, when I saw Beardsell, and on the 12th he was taken in custody—I had been with the attorney's clerk on the 2nd or 3rd to the Mansion House to apply for a warrant—and I subsequently went again and obtained it—I did not tell Beardsell I had applied for a warrant—he had told me a week or ten days previously that no Magistrate would grant a warrant, and when I met him in the street I said that we had applied for the warrant and it appeared to me that it would be granted—it had been granted at that time, but it is not likely that I was going to tell him that—he only missed the second appointment, he came on the 3rd and again on the 4th, and McEwen with him—I think I saw him again on the 10th—he came to me twice with McEwen about settling the matter—Mr. Crier was with me on two occasions, but it was not in my office, it was in the street, it was on the 3rd and 4th—after I had been to the Mansion House on the 3rd, I asked him on the 6th to settle the account, but I did not ask him to do so after the warrant was granted—I cannot say whether if he had settled it on the 4th nothing more would have been heard of this, but my impression is that we should not have pressed the matter further, and if he had paid the money he could have done what he liked with the goods—Beardsell told me that he could not pay till October 1st, because the money was coming in then or shortly afterwards—he told me after that and up to the middle of October that the money had not come in yet, but that they were expecting it every day—before the first parcel of goods was sent he said that they were not ready in time and he would cancel the order—the value of that parcel was about 100l., and he might have had them if he had not cancelled it, in a week or ten days—it was that which made the impression on my mind as to the respectability of the firm—I was a fortnight before I obtained an actual order for the goods—I asked for an order before that, I did not know how long it would take for the order to come from Hungary—Beardsell said that the order would be over directly and that they should then go on with orders every week—he did not say that he did not wish to give me an order till October, had he received the goods in May I should have allowed the payment to be made in October, provided my principals were willing—if he had given the order a fortnight before, I should have executed it, subject to my principals—I had sent an order to the North in August from McCorkell & Co. which was not executed—I asked for the order two or three days before I got it—he gave me a reference to the Mexican Consul.
Cross-examined by MR. SERJEANT SLEIGH. About five days I think elapsed between my going in the first instance to the Mansion House, and my subsequently going and obtaining the warrants—I had seen Beardsell three times in the mean time, or it may have been only two—I was not in a position to take the money if it had been forthcoming—Mr. Crier was not with me at all the interviews, he did not go with me to the Mansion House—I saw him after I had been to the Mansion House on the first occasion, and twice afterwards before I obtained the warrant, and Beardsell three times—my interviews with Beardsell were not to tell him that I had been to the Mansion House, but to get the money.
Re-examined. I had no control over my employers—Mr. Crier, their manager, was with me at the interview with Beardsell on 4th November—when I went to the Mansion House on 3rd November I did not know that the goods were at Attenborough's—it was at the interview on the 4th that Mr. Crier said that they had been pledged, and that it was a matter for the Mansion House—I had no authority to take the money—one order was cancelled in writing—this was, I think, the first order from Beardsell to our firm. (This was dated 22nd July, 1874, ordering goods to be sent to Turner & Co., the packers, with invoices in duplicate, and referring to Walsh & Co., 70, Lower Thames Street, W. Boddington, Esq., of 39, Lombard Street, and C. Chapman, Esq., 40, Lombard Street.) The next letter was dated 7th August, 1874. (This was from McCorkell & Co. to Elliott Hinchliffe, of Leeds, and stated "We sent you an order on 30th ult. for eleven pieces of Unions, which we must cancel if not completed by Wednesday next, the 12th instant, as we have other goods to go of, and cannot keep open after that date") That is what I refer to as the cancelling of an order, part of the goods were afterwards sent—I believed that they were shipping goods to Hungary—I believed the contents of that letter, and that they were countermanding the goods because they were not in time to go out with other parcels—it had been stated over and over again that the goods were to be shipped to Hungary—I am the shipping agent—I had nothing to do with goods which were not for shipment—the next letter from McCorkell & Co. was dated 8th September, 1874. (This informed Hinchliffe & Co. that they could take till the 17th inst. to complete an order for blue doeskins, and asking for samples of other cloth at 3s. 6d. or 4s. per yard.) The order which was cancelled was, I think, for Meltons—the whole of the order of 22nd July was cancelled because it was not delivered in time, but we afterwards got an order for the same goods—that is the order where they say that other goods are going off—this letter (produced) I never saw, as it went to Leeds; but the order was cancelled verbally to me. (Read: "Messrs. Hinchiffe & Co., Leeds. We will take the deerskins if you can deliver them immediately. The Meltons we are obliged to cancel, being too late for order. McCorkell & Co.")
JURY. Q. Was the 3l. for your own use or on account of the firm? A. For my use; I gave an I O U for it—it was between Beardsell and myself—I do not know that either of the other defendants knew anything about it.
HENRY CRIER . I am manager to Elliot, Hinchliffe & Son, of Leeds—Mr. Page is our London agent—in consequence of what he wrote, I sent three parcels to Turner & Co. the packers, which were to be paid for on the 1st of October, or 30th September—I sent them a statement which would reach them on October 1st—there was a great deal of correspondence—I came up to London early in November and desired the defendants to come and see me—what Mr. Page has said is correct; but there was a good deal of other correspondence, and my dates vary a little—it was on the 2nd or 3rd that I came to London, and I left on the 5th—I could get nothing satisfactory, and told my lawyer that unless they paid the money he was to go on with the proceedings and not stop—I had told Beardsell that I had heard that the goods were pawned—he denied it, and I said that if it proved true there would be a case for the Mansion House—on the 19th of September we received an anonymous letter—on the first occasion 1 called with Page—I did not then know that the goods had been pawned—We have never received any payment for them.
Cross-examined by MR. METCALFE. I pressed for (the money on the 4th—I did not know that Mr. Page had been to the Mansion House on the 3rd till he told me so on the 4th.
Re-examined. I did not go to the Mansion House on the 3rd—no application was made, to my knowledge, before the 9th or 10th of November—I had not ascertained when I left London that the goods were pawned.
WILLIAM BOUTLAND . I carry on business in the name of Turner and Co.—on the 21st of August, about noon, I received two bales of cloth from Elliott, Hinchliffe & Co., to the order of McCorkell & Co., and shortly afterwards, on the same day, Beardsell and Martyn came—I opened the the bales—samples were taken by Martyn—they left to hire a cart, which Martyn brought and took the goods away—Martyn said "How much?"—I said "I don't know; say 5s.," and he gave it to me—Martyn was alone then—I only saw him once—I am not clear whether Beardsell came on the 23rd.
Cross-examined by Martyn. You took away nine pieces, not nine bales—patterns of each were sent before the goods were taken away—I did not know where they were going to.
WALTER BARBER . I am a carman in the employ of Mr. Maggs, of. Dowgate Hill—on the 21st of August I was sent to Turner, the packer, who, with his men, loaded some pieces of cloth into my cart—Martyn gave me instructions as to the loading—he did not go with me, but before I started he said "Wait at Temple Bar"—I went to Temple Bar and waited there—he came up and directed me to go to Catherine Street, Strand—I went to the other end and saw Martyn outside a pawnbroker's—he beckoned me to draw up to the door and went in—he came out in about ten minutes and directed me to go to Charlotte Street, Fitzroy Square, where he told me to carry the cloth into Mr. Attenborough's, and I did so—that was about 4 o'clock—he took the wrappers off and told me to take them to Messrs. Maggs office—I was paid 5s.
ALFRED RICH . I am assistant to Mr. Attenborough, of Charlotte Street, Fitzroy Square—on 21st August Martyn brought me nine pieces of cloth and I lent him him 44l. on them as shown by these contract tickets (produced)—he said that they were his own property—I have no recollection of having seen him before—Mr. Crier afterwards came and identified them.
HENRY MCGILL . I am one of the firm of McGill & Co., of Leeds, woollen manufacturers—in July I called at the office of McCorkell & Co. in Queen Victoria Street, by the recommendation of a friend of mine—I saw Beardsell and wished him to give me an order for samples—he told me McEwen was a gentleman of means, but that he had not yet got his money which lay out in Hungary and other places, but that the goods he bought of me he was going to sell in the home market—in consequence of this I sent five pieces of cloth, value 45l. 5s. 6d., which he ordered to Turner's; the packers—he afterwards gave me this order:—(This was dated 10th july 1874, from McCorkell and Co. to McGill & Co. and stated "We will clear the two lots of indigo blue diagonal, same as samples, you may lay us aside six ends of the black supers at 7s. 6d.) Upon that I wrote" to Mr. Boddington to make enquiries respecting the firm—I also received this letter:
—(This was dated 13th July from the same to the same, and stated "Will you kindly refer to Mr. D. Haimworth Brothers who gave you our name, as we have given him references which may answer for both, and thereby save unnecessary trouble: we prefer not to give our banker's reference until we ask for something more than the usual open terms of credit") I also received this letter. (This was dated 20th July, 1874, from C. Beardsell to McGill & Co. stating "We cannot let you have a banker's reference at present, as we act as our own bankers till the capital which Mr. McEwen is going to put into the business is availablet."***" The writer is not authorised to make any purchases before 1st October, therefore if you cannot do so we must cancel it," and referring to W. C. Boddington, Esq., 39, Lombard Street, as to Mr. McEwen's means.) We did not supply them with any goods beyond the first parcel—I called on them in October for payment and saw Beardsell, he said Mr. McEwen was away and he could not pay me at that time, but in the course of a few days the payment should be made—I afterwards called again and Mr. McEwen had not returned, he said that I should receive it in a few days after I got home—I have never been paid—what Beardsell said was that McCorkell had money and that McEwen would bring in 20,000l. on 1st October—I said I should be glad to receive the money, but he said "I cannot pay it, Mr. McEwen is in Wales"—I called a second time for payment, and Beardsell said "McEwen has not returned from Wales, but I will see that you have your money all right"—at the end of October I I called again and met Beardsell in the street—he said again that McEwen had not returned from Wales and he would pay me as soon as McEwen's money came—I was recommended there by Mr. Hainsworth, of Leeds, who is a respectable person—Beardsell referred me to Mr. Boddington and to a gentleman named Walsh—Beardsell said at first that McCorkell and McEwen were likely to be men of money—this is the answer from Mr. Boddington. (This stated speaking of McEwen "I believe him to be a man of means, but to what amount I cannot say")
WILLIAM BOUTLAND (re-examined). I received a bale of cloth on 11th July from McGill & Co. to the order of McCorkell & Co.—it was not unpacked, it was delivered to Beardsell and McCorkell, who I knew as neighbours, in fact so anxious were they to have the goods delivered that I had my van standing waiting when the goods arrived—they came once or twice to our place that morning, saying that the bale was coming—they were delivered at Alexander's side door, in Houndsditch—I was not there but my clerk put it down, here it is, written down.
Cross-examined by MR. METCALFE. I am Turner & Co., and nobody but me—I received six other parcels of goods on account of McCorkell—my warehouse is in Barge Yard—no delivery order was lodged, we were neighbours—I should say that we took a receipt in the delivery book—it is the custom—I have not brought it here.
NATHAN ALEXANDER . I am a wholesale clothier, of 41, Houndsditch, I have known Beardsell eighteen years, or more, McCorkell and McEwen eight or nine months, and Martyn two years—a week before 13th July I saw Beardsell—he presented the goods and said "Those are the goods" at such a price and I bought them—he named the invoice price, and he wanted 2 1/2 per cent. profit on the goods—I can't tell you the price from memory—I agreed to purchase them when they arrived—the amount is 52l. 5s. 6d.—this is the document Beardsell gave me—I have constantly lent him money—I lent him 10l. on 6th July, 10l. on the 9th, and 22l. on 11th—I received
these goods on the 13th—I did not level McEwen any money subsequently—I gave my cheque-book up at the Mansion House, and I have never seen it since—I was told at the Mansion House I should be bound over and called here—I have not had it since that—I don't know what became of it, it is no interest to me to keep it back—I swear I paid him 52l. 5s. 2d. for those goods, in cheques and cash—I can't tell you from memory when I paid it—I paid 37l. by cheque—I gave a cheque for 22l. and I paid the balance afterwards—Beardsell has applied to me frequently for small loans—I have not charged him interest.
Cross-examined by MR. METCALFE. I paid 52l. for these goods, and that was a fair value for them—I am a Hebrew by persuasion, and do not do business on Saturdays.
Cross-examined by Martyn. I became acquainted with you at Bradford, at your friend's—I know nothing whatever against your character—I never saw you with either of the other prisoners.
MARK LEADER . I am clerk to Mr. Plunkett, solicitor, of 37, Gutter Lane, Cheapside—he is solicitor to Elliott, Hinchliffe & Son, of Leeds—I was present on the 4th of November at the interview referred to by Crier—Beardsell was there—I had not then seen the goods at Attenborough's, nor did I know that 80l. worth of goods had been pawned on the 21st—I do not think the Mansion House was mentioned at that interview—Mr. Crier said he had made enquiries and had heard incidentally that goods had been disposed of irregularly, not in the ordinary way of business, and if the facts were true it would be a case for punishment, or words to that effect—Beardsell was taken by surprise and said "You have sprung a mine upon me. I was not aware of that"—he said that he had sold the goods to Crevey & Co. in the ordinary way of business, and if Creveys had done anything wrong he should bring them to book—on the 11th of November I obtained a warrant at the Mansion House, and after McCorkell and McEwen had been taken in custody, Martyn who had been only summoned, called at the office half an hour before the hearing—he said that he was quite innocent, that he had been employed by McCorkell and others, and he wished to get himself cleared, as he wanted to make a statement—he did so, and I took it down. By MR. SERJEANT SLEIGH. The statement was made in my employer's office—he is the attorney for the prosecution—the writs were issued, and he had been instructed with a view to a criminal prosecution—I did not see any one bring Martyn there—two or three people were there, and Mr. Plunkett was one of them—it is possible that Mr. Page was there, but I do not know—this was about 11.30 a.m.—no appointment had been made for that morning—I did not expect Martyn, and did not know who he was till he mentioned his name—he spoke first—he enquired of the person who attends to the door, and was referred to me, and came into my little room—nobody else was present then—he said that he wished to make a statement, he wished to get himself cleared, as he had been employed by these people to take the goods—I said "Whatever you wish to say I will take it down"—I did not say "If you tell us all you know about it, I will take care to protect your interests."
By MR. BESLEY. I did not hold out any hope to him or any expectation that he would be dealt with differently if he made a statement—it was voluntary—I wrote it down, read it over to him, and he signed it. (Read; "I had known McCorkell previously to August last; also Beardsell and McEwen. I used to call with samples. In August McCorkell came to
Crevey's; asked if I could borrow him some money on some woollen goods. I enquired if these goods were paid for, and he said that security was given for them by a gentleman of property of the name of McEwen. He told me it was only a temporary loan they wanted, and the goods would be got out again in a few days. I thought them highly respectable people and did it without any risk. Mr. McCorkell said this McEwen was worth property abroad to several thousands and a very rich man. I said ho had better do it himself. He said he would feel obliged if I would do it, and he would pay me for my trouble 5l. per cent. on the amount advanced. I said if the goods were his own and it was all straightforward I would do it. I assented. He went with me to the packers in Barge Yard. He asked Mr. Turner to give the goods over to this gentleman. I fetched the cart from Maggs on Dowgate Hill. I went back alone with the cart and the goods were put into the cart. McCorkell told me to pawn them at Attenborough's. I told the boy to drive to Temple Bar. I met him there. I told him to drive to Catherine Street, Strand. I asked the pawnbroker, Sayers, to make a loan on them. They would not take them in. I then told the boy to drive to Attenborough's, in Charlotte Street. The goods were taken out of the cart-; about nine pieces. The pawnbroker advanced 44l. on two tickets for three months. He gave me the 44l. and tickets, which I took to McCorkell. By McCorkell's directions I fetched the wrappers from the carman's and took them to McCorkell's office. He paid me my commission, 43s. This is the only transaction I ever had with McCorkell. McCorkell and Beardsell were some few days ago at the Cannon Street railway station. Both told me if any enquiries were made I was to say the goods were sold to Crevey & Co., and pledged at Crevey's request. I do not know where Crevey is now, but can produce him. 'S. Marttn."'
Cross-examined by Martyn. That was on 13th November—you called and asked me why Mr. Plunkett had sent you the summons, or something to that effect, a summons was very likely served on you on the 12th—I did not say after taking down your statement "I will hand this to Mr. Besley and no doubt he will withdraw any charge against you."
RICHARD LOUIS CRIPPS . I am shipping agent to Messrs. Robinson and Clay, woollen merchants of Leeds—I have an office at 10, Ironmonger Lane—I got this document (produced) on September 1st from my traveller. (Mr. Cumming staled that he believed this to be in Beardsell's tenting, but would not say for certain; it wasfrom McCorkell & Co. to the witness, ordering four pieces of cloth, asking the price of black unions and giving references.) I called at Queen Victoria Street next day and saw Beardsell, who said that he was the buyer for McCorkell & Co., and that the goods were bought for shipment to Hungary, and would probably lead to a large business—that was on the 2nd September—he said that Mr. McEwen had long been resident at Pesth and was a man of large property there, and he was engaged in this country to work some mines, and that he was to bring 20,000l. into the busiuess on 1st October—I accepted the order conditionally on the references being satisfactory—the references were marked on the order—I afterwards wrote to my principals, giving them the substance of the conversation, and left them to inquire into the references—I heard from them, and in consequence of that I called again at Queen Victoria Street on the 4th September—I saw Beardsell and McEwen there together, seated at the same table, one on each side—Beardbell repeated what he had said on the previous occasion as to their being engaged in the Hungarian trade, and also as to McEwen's mines
and his bringing money into the business on 1st October, and they showed me some prospectuses and reports connected with Mr. McEwen's business in Hungary—McEwen did not exactly join in the conversation, but he assented to the statements that were made—I saw amongst their papers some invoices of goods in a drawer in the office table—I saw an invoice from Elliott, Hinchliff & Sons, of Leeds, and Beardsell showed me the copy in their letter book of a letter which they had written to Elliott Hinchliffe & Sons—I asked him to give us a similar letter, and they said that they should have no objection, and gave me this letter of guarantee. (This was dated 17th September, 1874, to Robinson & Clay, Leeds. "Gentlemen, beg to confirm any transactions you may enter into with McCorkell & Co. of which I have been a partner since 12th June last. Yours respectfully, Alex. McEwen") I was induced to accept the order on the representation that McEwen was to bring 20,000l. into the business on 1st October, it being confirmed by that guarantee—this other order was afterwards sent to my office. (This was an order for eighteen pieces more of the unions—signed "W. McCoriell & Co.") Thai reached us on 19th September, and I went the same day to see Beardsell at 8, Queen Victoria Street, to ask whether they would pay promptly for the goods—he said that they could not do so because McEwen's money was not at present in the business—I told him that I would submit the order, and I sent it down—I called again on 23rd September, and saw Beardsell and McCorkell—I again urged prompt payment, and finding I could not get it I told them that we could not produce the order earlier than 16th November—I asked whether they would like to have the goods under those circumstances, they said "Yes," and that they would get other goods to go on with for their immediate wants, and these would come in at that date—the Samples were to go to Hungary, and I presumed that the goods were going there—those goods were never supplied—this (produced) represents the four sample pieces of black union cloth, it is in the writing of one of our clerks—the amount is 40l. 1s. 6d.—it was sent to Barge Yard, and if the order had been executed it would have amounted to 170l.—Beardsell afterwards brought me a pattern and said "We can take a large quantity of these goods, and can pay cash in fourteen days for them"—I understood that the order was for Hungary—nothing came of that, because we could not match the goods, and they were hot our manufacture—I called several times in October about the goods they wanted to match, but could find no one in, and I afterwards found that the name of the firm was taken off the door, and after a day or two the name of Alexander McEwen was substituted—I afterwards saw McEwen and McCorkell in Walbrook and asked them how it was that the office was shut up—McEwen was the spokesman principally, but McCorkell was standing by—they said that they were still carrying on the business there, and if I called on Monday I should see Mr. Beardsell—I said nothing about the account because it was not due—I called on the Monday, but nobody was there—I met McEwen in Gresham Street on 31st October, his name also had then been taken off the door—I asked him how it was that the place was shut up, and what was to be done about our account which was due tomorrow—he promised to call at my office with Beardsell and explain everything—as to the name being taken off the door, McEwen said that there had been some difficulty and he had taken the affair into his own name—they came to my office on the 2nd, in my absence, and left a message under the door saying that they would come next day, and on 3rd November Beardsell and McEwen came, and Beardsell said that there had been difficulty
between them and there was going to be a dissolution of partnership between McCorkell and McEwen, or that there had been, which had arisen from McCorkell endeavouring to make McEwen responsible fur debts contracted before their connection; that there were many demands made on Mr. McEwen and he should require some little time to satisfy them, and they would take other offices and Mr. McEwen would see us properly paid-nothing has been paid—Mr. Boddington and Mr. Page were the referees—I knew that he had been bankrupt, I saw it in the paper—he told me that he had been in difficulties, he did not say that he had failed—he said, with reference to the second order, that he would not pay till McEwen's money was brought into the concern—on 3rd November, with reference to the order that was standing over, Beardsell said "Postpone it until we are in clear water"—he also said that McEwen's property was not in, there had been some mismanagement in realising it—I never applied to them for orders, and never heard of them till a man in my employment brought the first order in—I did not solicit them for orders, but my travellers may have done so—I did not solicit them for further orders, and I know that my man did not—Beardsell said that McEwen's property consisted of mines—they showed me a prospectus and a report, but I did not read it through—it appeared to be a genuine document—I only sent the parcel of goods value 40l. 4s. 6d.—I believed that the firm was established for the purpose of shipping goods to Hungary, and that belief continued after the first parcel of goods were sold, and while I was negociating the second parcel.
Cross-examined by MR. SOULSBY. Beardsell himself told me he had been bankrupt—I am certain that four pieces were bought for Hungary—no mention was made of home trade—the order was taken by our traveller—I was not present, but I saw Beardsell on the receipt of it, and he said that we had better delay it till they were in clear water.
Cross-examined by MR. MATTHEWS. I was induced to take the order on the representation of the 20,000l. coming from Hungary—two photographs of the Hungarian mines were in the office, and also some samples of chrome ore—I do not remember being told that McEwen's solicitor resided in the same street, and that I might make any enquiries I pleased of him about the Hungarian mines—we had the two references who have been referred to.
Re-examined. McEwen told me that he had a large connection at Pesth, and that they were going to ship goods there, which induced me to allow the first order to be executed—the prospect of payment was the main thing—if we had supposed that the goods were for this country we should not have let them go there, from the appearance of the house, because it did not look like a house doing a home trade.
HENRY CLEMENTS . I am one of the firm of Clements & Horsey, upholsterers, 125, High Holborn—on 9th June Beardsell ordered of me furniture for the office of McCorkell & Co., 8, Queen Victoria Street, to the amount of 70l. 8s. 9d., which was to be paid for in July—I sent my clerk for the money in July but did not get it, we afterwards got this bill. (This was dated 27th August for 70l. 8s. 9d. at three month's; accepted by Alex. McEwen & Co.) That became due on 30th March, but it has never been paid, it was dishonoured—we have received no money for the furniture.
Cross-examined by MR. METCALFE. It became due after they were in prison—I think in justice I should say that other things were ordered, but as they did not require them they were countermanded—I did not tell that to the solicitor for the prosecution.
Re-examined. The things were countermanded in June, the value of them was about 8l.
EDWARD LYDE . I am agent for Hinchliffe & Smith, of Manchester, manufacturers—my office was at 3, Carey Lane—in the first week in August I met Beardsell, whom I had known for some time, in Cheapside—he asked me what business I was in—I said that I represented one or two manufacturers—he asked me what class of goods, I told him and he said that he thought he could do business with me—he said I am buying for a very, respectable house in the city, William McCorkell & Co.—he afterwards gave me a call and asked my terms, I told him, and he said "One of our firm, Mr. McEwen, is a very wealthy man, and in October he will be placing 20,000l. in the firm, but till then they have not much means at command, but I will give you satisfactory references"—he spoke of mines in Hungary worth something like 80,000l. which was shortly to he realised—he gave me a verbal order for some patterns, and on the next day Mr. Hinchliffe happening to be in London he went with me to see the references—we went first, I think, to Mr. Page, who told us that his foreman had made enquiries about them, and we were both satisfied—this is the first order given to us (dated September llth) it amounts to 8l. 7s. 10d.—I forwarded those goods to Turner, the packer, to the order of McCorkell & Co.—they gave me a second order which amounted to 37l. 7s. 11d. one portion was sent from my place and the other portion from Manchester, and the two formed the one order for 81l. 17s. 10d., but my goods went to Swan's the packers, not to Turner's—as the money coming into the firm was not to arrive till October, the terms arranged were for payment to be made, I think, somewhere about 14th October—the next order was for 115 pieces of drill, value 127l.—this is the invoice, it is dated September 11th—they were sent to Swann also—I also had other dealings with the defendants and was a purchaser of goods from them—I purchased three pieces of Melton from them on 23rd September and four pieces of deerskin on 6th September, which came to 60l. 10s. 8d., this is the invoice—I also bought of them 115 pieces of drill on 18th September, which came to 130l. 10s. 6d., of which this (produced) is the invoice—that last parcel were the goods of my principals, Hinchliffe & Smith—the patterns were submitted to me and I said that I had a customer who I thought would buy them—I submitted them to him and he bought them—his name is Judd—he was then in-business and I knew nothing against his character then—the goods arrived on the 12th and I purchased them on the 18th—he agreed to buy them on a certain condition which I accepted—when Beardsell offered me the first parcel of goods he said "I want to go down to Manchester and I shall want you to lend me 10l.;" I agreed to do so, that was part and parcel of my contract—those were not the goods of my principals—Beardsell represented that the drills were for shipping and that McCorkell was going to take them to Jamaica with him, in fact they were not fit for the home trade—I paid for the goods with these cheques. (One of these was for 30l., another for 5l., two for 15l., and there was an I O U to Beardsell for 8l.) The I O U was to be put to the credit of the firm—I applied to them in October for 246l. 12s. 7d. due to my principals—I saw Beardsell and McEwen and pressed them for payment—they said there was some delay in realising the property—that was said in McCorkell's presence—they said that they expected a large sum of money every day, and when it was paid they would pay us—I knew Beardsell as a member of the firm of Beardsell & Jackson—he told me that the goods came too late for the purpose for which he
bought them, but he did not ask me to get my principals to take them back; he said "Can't you take them yourself and find a customer," and he may have said "or I shall have to send them back"—I bought them at a profit of 2 1/2 per cent. and in selling them I made a profit on them—I sold the greater part of them to Emdell subsequently; originally I sold them to Judd, but he did not carry out the arrangement—I only took one parcel of goods that came from Hinchliffe & Smith's, about 130l. worth—I was to pay him 135l. or more—I owe them about 129l. now—I am charging these men criminally with obtaining these goods and owing them in respect of these very goods—I saw the agreement at Mr. Godfrey's office and satisfied myself that it was genuine—I believe that that property is in existence belonging to McEwen, I have made inquiries since and have no doubt of it—I have seen the documents—I also went to Mr. Boddington—I have had very little conversation with McEwen.
Cross-examined by MR. METCALFE. Mr. Page gave me such a reference that I thought I could trust them safely—we followed the whole of the re-fereuces which were given us—Mr. Hinchliffe went with me to Mr. Godfrey, and that reference was also satisfactory—I have made no direct inquiry since about the property, but I have mentioned the circumstances to persons who know McEwen—I have no doubt that McEwen is entitled to property in Hungary, but I do not know it—I have seen some agreements which are endorsed by respectable firms in London—I hare heard the name of Messrs. Cole, of Essex, Street, but I know nothing of them—I do not know Mr. Brown, of Finsbury Place, I have not made inquiries about him or about Bell & Crowder—the prisoners sold the goods to me at a profit beyond what they were to pay to my principals and I sold them again at a profit to myself—I am not now agent to Messrs. Hinchliffe, I was so at the time of the last trial—I received a letter last week by which I was dismissed—I have known Beardsell many years, but never heard anything against him—I knew that he had had the misfortune to fail, but I do not know that it was in consequence of taking upon himself the liabilities of his former firm.
Re-examined, Judd is in prison now—I also disposed of to Judd about 8l. worth of Messrs. Hinchliffe's woollen goods, and some of them are at my place now—I was Messrs. Hinchliffe's customer and their agent as well—I did not represent them exclusively—I did not give an acceptance for the goods—I received one from McCorkell & Co., which I undertook to get discounted, but it has been destroyed—I paid them about 69l., and the balance still owing is 129l.—I have not received all the money from Judd for the balance—I have received about 120l. odd and paid McCorkell & Co. 69l. of it—I believed that those goods were for shipping to Hungary—I had also to do with losses in the home trade—there was not a town agent for Hinchliffe & Co. as well as a shipping agent—I never communicated to Hinchliffe & Smith that I had bought the goods—I held stock in London for Hiuchliffe & Smith and they allowed me to sell it—they never sent any order to me—I knew of Beardsell's first bankruptcy five or six years ago—I was not agent to Hinchliffe & Smith then—I knew of Beardsell's second bankruptcy in February, but knew nothing of the circumstances of either—I never had transactions with him while he was in business for himself, not till he was the manager of McCorkell & Co.—I did not know McCorkell or McEwen before.
Cross-examined by MR. M. WILLIAMS. The papers and prospectuses of the mines may have been left for my perusal by Beardsell—I know we saw
them—I remember having some communication about the property in Mr. Hinchliffe's presence—I do not remember anyone being present but Beard-sell, McEwen, Mr. Hinchliffe and myself—I heard McEwen say that he was very much disappointed at not getting the loan from Morgan & Allsopp. that they had had it in hand for some months, and in consequence of the disappointment he had received he was removing his papers into the hands of another party—I remember his offering Mr. Hinchliffe a two mouths bill, with 5 per cent interest, and a first charge upon his lawyer to pay him out of the property—Mr. Hinchliffe objected to that—McEwen then may have said that he would consult his partner; but I do not recollect the exact words—I heard him say that he was in hopes that the advance upon his property would be shortly settled.
By MR. METCALFK I knew nothing against Judd at the time I had the transactions with him—he had always paid regularly up to that time—I am still in business for myself in connection with other firms.
By MA BESLEY. McEwen did not say how many years he had been trying to sell the chrome ore; I understood that it was originally formed into a company and sold for a large sum—I do not remember the year—that conversation was in September after the goods were ordered; but it may have been before as well.
WILIAM HENRY HINCHLIFFE . I am a partner in the firm of Hinchliffe & Smith, of Manchester, manufacturers of cotton goods—in August last Mr. Lyde was our agent in London—I had to come to town and I went to his office in Carey Lane and saw Beardsell there—Lyde introduced him to me as the buyer for McCorkell and McEwen, who had established themselves in Queen Victoria Street as shippers—Beardsell said that McEwen was a man of large means, and had properly in Hungary, estates consisting of mines, and that he had thousands of tons of chrome ore ready for shipment; that McCorkell was a gentleman who had recently returned from Jamaica, and held a high position there as a Justice of the Peace, and that McEwen had engaged to bring into the business 20,000l. on October 1st—I asked him for references, he referred me to the solicitor who had drawn up the deed of partnership, Mr. Godfrey, and to Mr. Boddington, of the Lombard, and Mr. Page, the agent for Elliot Hinchliffe—I asked him if they could not pay cash, or what terms—he said that they would not be able to pay cash in this case, as they would have no working capital till after October 1st, and a different arrangement was made, but the undertaking was that it was to fall due in the ordinary course—they gave me no order on that occasion—I went to Mr. Boddington, at the Lombard Exchange, and afterwards to Mr. Godfrey, and saw, I believe, one of the clerks, who told me that a deed had been executed—I then went to Mr. Page, who said that it was all right, he had known Mr. Beardsell some time—on the following morning Page told' me that he had sent an order and he believed it would be executed, and I told our agent to let them have what goods they wanted out of the stock—after the parcel had gone I wrote this letter to McCorkell & Co. (This was dated 8th September, 1874, stating that thirty pieces of serge had been forwarded to Turner & Co. to their order, and that if goods were sent in future to Messrs. Swann's the packers 1, the cost of the cases only would be charged.) I received this letter in reply. (This was proved by Mr. Cumming to be in Beardsell's writing, it was dated 9th September, and stated that they would put "Please forward all goods to Messrs. Swann & Co." in all cases where it would be advantageous.) I have not been paid for any of those good—
the total amount of my invoices is 246l.—we afterwards supplied them with goods to the extent of 300l. or 400l.—I do not think we had applied for payment of the first parcel before that—we had only known Mr. Lyde a month or six weeks previous to this matter, we came across him by an advertisement in a Manchester paper—he never told me that he had purchased some of the goods, which I had supplied to McCorkell & Co.; I never knew a word about it till after this prosecution—Mr. Lyde ceased to be our active agent before the last trial.
Cross-examined by MR. METCALFE. Some of our stock was in Lyde's hands; but very little—he did not dispose of it, I was in London and sold it myself—there might have been stock remaining in his hands for a few days after this matter—I cannot say positively whether he sold it or whether I did—we have not settled up yet—I gave him a formal notice—my attorney did not suggest that—I heard Lyde swear here last Session that he was our agent—I did not contradict that—I said that he was our formal agent—he has acted as agent for us six or seven months now—he has never advanced us money in any shape or form—I did not see the deeds or the prospectus of the Hungarian property; but there were a lot of papers on the table in the office when I went in—Mr. Sheerer was there—they were mentioned to me, and no doubt I might have seen them—they were simply lying about—the contents were mentioned to me possibly—I do not remember them being held up—Beardsell at some time gave me a prospectus of some mine of which I took no notice—I did not take it away, it must, have been left in Lyde's office—I did not see on it the name of Mr. James Bell, solicitor, of Victoria Buildings—I did not look to see who the directors were—I did not read it over—I believe I have heard Mr. Bell's name mentioned—I did not hear him referred to as Registrar of the Kingston County Court, or as a partner in the firm of Bell & Crowder—I did not hear the name of Cole, Cole, & Jackson, of Essex Street, attornies, mentioned as negotiating the sale of this property—I do not remember Beardsell mentioning it, or the name of Mr. Brown, an attorney, of Fins-bury Square—he mentioned Morgan & Allsopp as gentlemen who had the papers in their possession—I heard Mr. Allsopp examined on the last occasion; if he said that the matter was put into his hands by Mr. Beardsell I have forgotten it—I have not enquired of Mr. Bell, or of Messrs. Cole, or of Mr. Brown, or of Morgan & Allsopp—I have made no enquiry about the property—I have seen in the letter-book a large quantity of letters between McCorkell and other gentlemen about property, in Jamaica—I have not made enquiries about them; I did not consider that the question—I heard the letters read in Court, and heard it stated that McCorkell was in communication with the Colonial Secretary on the subject.
Cross-examined by MR. SERJEANT SLEIGH. I have not had many transactions with Lyde since he-became my agent—he never made any advance of money to me—he has not given me his acceptance for the value of goods he had of mine, nor have I drawn on him—he termed himself a warehouseman, and acted as our agent as well, and on two or three occasions he has written and offered to buy certain goods, and he has bought them and given his acceptance instead of paying cash—I believe he has dis-counted one or two of our bills in London—he has not bought goods of us on his own account to the value of so much as 500l. or 600l.—he has never procured money for us upon goods consigned to him before the purchase was concluded by the buyer—I know Mr. Coral.
Q. Did not Lyde advance money to you before Coral's acceptance was matured; upon those very goods? A. I agreed to take his acceptance and I have it now—I did not hear in the course of the discussion that Professor Hull had surveyed the property in Hungary—the only time I heard it was in Court—I heard that an analysis of the ore has been made.
Cross-examined by MR. M. WILLIAMS. The papers were left with Mr. Lyde for my perusal—I did not go to Lyde's place of business to meet these people, but to transact business—I was not shown specimens of the ore—I unfortunately trusted too much to Mr. Lyde—the papers were left there, I believe, to satisfy him and thereby satisfy me—I undoubtedly had the opportunity of looking at them—Morgan & Allsopp had been mentioned to me as financial agents once or twice on previous occasions—the matter was discussed more than once—I may have heard a conversation as to a commission to Lyde if he could find a financier to deal with the property, but I cannot speak definitely to that—I made no enquiries of Morgan & Allsopp or of anybody whose name was mentioned, we trusted to our agent.
Re-examined. We parted with our goods believing them to be shippers and men of means, and that 20,000l. was going to be placed in the business—we were not aware of the transactions between Lyde, McCorkell and Judd, before the prisoners were in custody; after that I sold Lyde no more goods, but it was seven or eight days after they were in custody that I knew that Lyde had had anything to do with them—I then told him that I was very much surprised—I saw Beardsell twice in Manchester and twice in London—the interviews sometimes lasted aquarter and sometimes half an hour—the Hungarian property was not particularly discussed; Beardsell mentioned it and we walked out of the office and had a glass of wine together.
JAMES WATKINS . I am manager to Swann & Co., packers, of Coleman Street—on 9th September I received thirty pieces of goods from Hinchliffe & Co., of Manchester, to the order of McCorkell & Co., and on 14th September four cases, containing 115 pieces of drill, to the same-order—on 4th September I received from Lyde & Co. thirty pieces of drill, to the order of McCorkell & Co.—those goods were delivered out on 5th September, to a man with a truck, who signed the receipt "J. Hyde"—he looked like a bricklayer's labourer—he brought this order, "Please deliver to bearer the following thirty pieces, and oblige yours truly W. McCorkell & Co."—on 18th September I received this order, "Please deliver to bearer 115 pieces of drill lying with you to our order," and I transferred them on Lyde's order to a man named Emdell.
WILLIAM BOUTLAND (re-examined). On 9th September I received five pieces of cloth from Elliott Hinchliffe & Son, of Leeds, to the order of McCorkell & Co.—they were subsequently transferred to Underwood—on the 18th I received three pieces from the same person to the same order—the next date is the 26th, three pieces—those were subsequently transferred by McCorkell & Co. to Lyde—on 10th September I received a parcel of goods from Robinson & Clay, of Leeds, to the order of McCorkell & Co., which was transferred to Underwood on the same day, and afterwards, while still in my hands, transferred again by Underwood to Davis, three or four days after the 10th—they then left my place in my van, and were shipped on Davis's order on board the Kingsbridge, lying in the London Docks.
JOSEPH DAVIS . I am a shipping agent of 26, Leadenhall Street—Underwood called on me in September, with referenee to an advance on some goods he brought samples with him, and I directed my son to go to Swann's
the packers, and compare them—Underwood brought a list of the goods, there were 115 pieces of drill altogether, upon which I advanced 100l. and a few shillings—the net amount, after deducting my charges, was 81l. 1s. 5d.—this is my cheque for the amount to the order of McCorkell & Co. (This was endorsed "W. McCorkell & Co." which Mr. Gumming proved to be in McCorkell's writing.) I shipped those goods on board the Kingsbridge and she has been lost—the goods were insured for 200l. and there is 100l. to the good of the estate, or whoever it belongs to, and on the chocolate there is a balance of 8l. or 10l.—I do not know where Underwood is, I have not seen him since the proceedings.
Cross-examined by MR. METCALFE. I have a balance in hand of about 100l. on Messrs. Hinchliffe's goods—I have not sold the goods, but I have recovered the Insurance, and I hold 100l. for that, and 10l. with respect to the other goods—I dealt with Underwood for the firm of McCorkell & Co.—Underwood directed me to ship the goods to Sydney, and to insure them for 200l.—I have been directed to keep that money till the result of this enquiry.
Re-examined. Underwood gave me the order to ship, but they are shipped in the name of McCorkell & Co.—this is the contract, it is on one of our forms. (This was dated September 10th, 1874, to J. Davis, from McCorkell & Co., directing him to ship the goods on board the Kingsbridge for Sydney for sale there, and authorising him to deduct all charges.) Charles Moore, one of my agents, receives the goods on the other side—the goods were to be sold by auction at the highest price, all business is done in that way out there—this instrument is in the usual form.
MR. GAWKROYER. I am a warehouseman, of Bull and Mouth Street, St. Martin's Le Grand—on Monday, 18th January, I was summoned to attend this Court as a juryman—I saw the defendants in the dock and recognised Martyn—nay name was called as one of the jury to try him, and I objected—I then communicated with the solicitor—I have known Martyn since 1858, he was then a plumber, and a wholesale shoe manufacturer, he ceased to carry on business about 1859—in August, 1874, I met him in Cannon Street, he asked me what I was doing—I told him, and he asked me to call on the firm of McCorkell & Co., 8, Queen Victoria Street—I don't think he described them at any time—I said that I was a Manchester warehouseman—he said that I might mention his name to McCorkell's, but I did not go near them.
Cross-examined by Martyn. You gave me a business circular of a firm you were agent for—a leather manufacturer in Portsmouth, I believe.
ALEXANDER CHARLES BLENKARN . I am agent to Messrs. Conyers, woollen manufacturers of Leeds—I had a room to let at 2, Friday Street—a person calling himself Crevey negotiated with me in March to take it, and I received this letter. (This was stated by Mr. Page to be, to the best of his belief, in Martyn's writing. It was from S. Martyn, of 37, Stanley Road, Upper Holloway, to the witness, dated March- 28th, 1874, stating that the writer had known Mr. Crevey many years, who had always paid hint, and he had no doubt he would always be prepared to pay his rent; but he did not know what capital he had.) I let the room to Crevey & Co. and the name was put up—I saw Martyn there every day, I do not remember musing him—I always understood that he was acting for Crevey & Co.—he wanted to buy goods of me for them—the name remained up six months—the rent was 95l. per annum—I think he went out on the 30th September—Crevey and Martyn were both there—I do not think I have seen Crevey since—he did not tell me that
Martyn was a partner, but I have been told so—I have been told that Crevey was bankrupt.
Cross-examined by Martyn. I said that I would write to Leeds—you offered me half cash, which I refused, because I could not do it on my own responsibility—that was, I think, in September—when I had that material I went to Mr. Steinberg, a solicitor, and ordered a writ to be served against Crevey—I did not order a writ against you, because I did not know you were a partner; but Crevey's son, as I believe, told me you were—I always spoke to him of Mr. Crevey as his father, and he never corrected me.
JOHN HUGHES . I am secretary to a company at 8, Queen Victoria street, on the third floor—we had some communication with Beardsell about letting the front part of the third floor, and a draft agreement was made out in the name of McCorkell & McEwen, who, Beardsell said, were the partners; but it was never signed—it went on till September, when a quarter's rent became due—we applied for it and did not get it, and put in a distress—Beardsell had subsequently come to me and asked me to have the agreement made out in the name of McEwen alone—it was not signed till the 10th of September. (Mr. Cumming here stated that the signature to the agreement was McEwen's).
Cross-examined by MR. METCALFE. There was an execution before, and we put in a distress for rent the first week in October—the furniture was taken by the execution, not by us, and they paid us.
OWEN ROBERTS . My wife is housekeeper at 8, Queen Victoria Street and I live there—I receive payment for attending to the different rooms—McCorkell & Co., on the third floor arranged to pay 3s. a week, and at the time of the distress they owed me 2l. 5s. 6d.—my wife handed the books to the Sheriff.
Cross-examined by MR. METCALFE. There were a number of books, papers, and documents, which were taken possession of by the officers. I have not seen any ore in the place, but I was not often there—my wife attended to the rooms.
Re-examined. I have seen plenty of ore in Scalki's office on the second floor when he was there; large stones.
SAMUEL HAYWOOD . I am a sheriff's officer—on the 9th of October I levied an execution on the third floor at 8, Queen Victoria Street, at the suit of Bishop & Potter, stationers in the same street—on the second day after I got in the landlord claimed—I sold the whole contents of the room for 42l. 10s., and after paying the landlord and Messrs. Potter I was about 17s. out of pocket.
WILLIAM ALERED SMITH . I am the accountant of the Anglo-Hungarian Bank, 46, Lombard Street—McEwen called there on 11th September and presented this printed card, "A. McEwen, Pesth and London"—he said that he had business between Pesth and London for which he wished to keep a separate banking account, and he convinced roe that he had an account with our house in Pesth—I consented to an account being opened and he paid in 45l. hinting that that was a small amount but next week he expected to pay in about 200l. more—he asked for a cheque-book, and I requested him to let me have his signature for our guidance; he wrote on a slip of paper "W. McCorkell & Co.," and as he had not mentioned McCorkell I expressed surprise; he then produced another card, "W. McCorkell & Co.," and said that that was the name of his firm, and that he resided at Ryhl, in Wales, and had a private account with the London and Westminster Bank—on
22nd September 30l. more was paid in, and on the 26th 5l., making 80l. altogether—the account was closed on 7th October, and he had then overdrawn 1l., including our commission.
Cross-examined by MR. METCALFE. Our head establishment is in Pesth, and McEwen said that he had an account there and showed me a document which I knew came from there.
Re-examined. Since that I have corresponded with our bank in Hungary and find that that is true. (The following list was put in of persons in whose favour cheques were drawn: W. Gumming, 10th September, 1874, 10l.; C. Beardsell, loth September, 5l.; Mr. Shippey, 15th September, 16l. 10s.; W. dimming, 18th September, 5l.; Mr. Sills, 14th September, 10l.; Mr. Sills, 25th September, 5l.; Mr. Shipton, 13l. 3s.; St. George Dervin, 24th September, 5l.; September 26th, Ourselves 6l., and October 7th, Ourselves 5l.)
THOMAS ROBERT RANDS . I am clerk to Mr. Plunkett, solicitor to Elliott, Hinchliffe & Sons, and to Hinchliffe & Smith—I have had charge of the case since it has been at the Mansion House—this letter-book has been principally in my possession—I have examined it and find a number of letters ordering goods, and after communicating by letter I received certain letters. back from the country. (The first of these was from McCorkell & Go. to Macfie & Co., of Birmingham, ordering two tons of bottling ware, in Beardsell's writing as proved by Mr. Cumming, another in McEwen's writing was to Brady & Co. of Birmingham, stating that they had not yet received quotations, and that. their client would not be in town till Tuesday. A receipt for a Bill of Exchange for 1,059l. 11s. 3d. from McCorkell & Co., to be returned if not discounted was also put in, dated May 16, 1874, signed "J. H. Brady," and accepted by A. McEwen; also two letters to Messrs. Jones & Co. proved by Mr. Cumming to be in Beardsell's writing, one dated 11th June, 1874, stating that their client had a contract for 10,000 tons of steam coal, deliverable at Constantinople, and intended to bring back chrome ore from Hungary, and asking for quotations; the other dated 15th June, stating that they had arranged terms with their client and would arrange the freight with their correspondent at Cardiff, and referring to Alexander McEwen of Rhyl, North Wales, and of Eibenthal in Hungary, and others; also six letters from Sheard & Son of Batley, all proved by Mr. Cumming to be in Beardsell's writing, and dated 11th, 15th, 11th, 19th, and 24th June and 7th July, requesting patterns of pilot cloth and acknowledging the same, ordering one piece from each sample, and referring, as to McEwen, to Schaeffer of Old Broad Street, Mr. Crosse of 155, Fenchurch Street, and A. S. Godfrey, solicitor, 2, Gresham Buildings, and as to McCorkell to Mr. Chapman of the Lombard Exchange, and Mr. Boddington, of 39, Lombard Street, also ordering twenty pieces of blue Naps at 1s. 5d., and stating that beyond their own solicitor and a few friends, no one could speak with any authority as to their position, but that Messrs. Sheard, if not satisfied, had better see Mr. McEwan personally, who would be in Harrogate on the next Friday or Saturday.) I have also five letters addressed to Mr. Hainsworth, at Raymond's Hotel, London Wall, the last of which is dated 9th July, from the defendants. (Mr. Cumming stated that these five letters were in Beardell's writing.) Here is also one from Captain Chapman, and another from Beardsell to Messrs. Hainsworth. (This was Dated 18th June, 1874, and stated "I beg to inform you that I have made arrangements with Messrs. McCorkell & Co., who are a new firm, most
respectable and of ample resources—they have good connections throughout Germany,. Austria, and Hungary, as well as the West Indies. They wish to have as few accounts as possible, and those good ones, &c.—we are open to purchase a large list of spring goods, &c.) (A letter from McCorkell & Co. to Messrs. Hainsworth was also put in, dated 9th July, giving references, also a letter from the same to the same, dated 16th July, which stated "We are not prepared to give you banker's references as our arangements in this respect will not be ready till October," also a letter dated 26th July, from the same to the same, assuring them of their perfect bond fides, and stating that Messrs. Hainsworth had not a safer name upon their books, and another dated 23rd July from, the same to the same, which stated "We may remark that the time fixed for McEwen to introduce his capital into the business is on or before October 1st, and as negotiations are pending with respect to the sale of a large property which may be concluded within a month,' and most likely will be, October 1st is named as the extreme limit." Also a letter dated 29th July, stating "If you think the amount too large please throw out all the coatings and I will arrange for the account to be paid for October 1st, less 2 1/2 per cent. If this meets your views send off the goods to-morrow or cancel the order altogether." (Letters were also put in ordering goods of other firms and giving references, one of which was to Crevey & Co.) I find all those letters copied into the letter book, also one to C. P. Schaeffer & Co. (This was from McCorkell & Co., stating that the references given were only to the personal character of Mr. Alexander McEwen.) These other letters are addressed to Mr. Lewis, of Manchester. (One of these stated that Mr. McEwen had 30,000 tons of chrome ore ready for shipment at Eibenthal, which was worth in the market 6l. 10s. per ton, that the freights would be 3l. per ton, and that he had refused a contract for 5,000 tons at 5l. per ton but that as it would be a few months before it could be brought to market, Mr. Lewis must not make any purchase except on terms of discount in a month, or a three to four months' bill. Another letter, from the same to the same, dated 23rd September, gave Messrs. Schofield, of Rochdale, as a reference, and ordered a quantity of shirtings to be sent to Swann & Co., the packers; also a letter, dated 25th September, from the same to the same, complaining of having to purchase goods for cash before delivery; also a letter, from the same to the same, dated October 1st, stating, "You may depend upon a cheque to-morrow for 4l. for this week and last week," and asking for more goods to be sent to a packer for inspection.) Two letters from Mr. Lewis were found among the defendant's papers. (The first of these was dated November 8th, 1874, from Lewis to Beardsell, it stated, "Your postcard to hand and as usual no remittance***If you send me some cash on Monday I shall be in London on Tuesday evening at 6 o'clock***I assure you I have not had enough to get a glass of ale for a week or more." The next was dated November 11th, from the same to the same, and stated, "Try and meet me at the Queen's about 6 p.m., so that we can arrange to see Mr. McEwen on Friday morning and go through the matter.") This letter to Mr. Powell is in the letter-boot (Bead: "Mr. W. Powell Dolgelly, 17th June, 1874. Dear Sir,—Please reply at once and say you have been absent from home, to the party below, the letter from whom you sent to A. Stein. Please write in the terms conveyed in your letter and say that McCorkell & Co. are respectable, and that Mr. Alexander McEwen, the partner, is also highly respectable, and has very substantial resources. This is what you need say. Yours respectfully W. McCorkell & Co., C.B.") I also find in the letter-book these letters: "16th June, 1874, Boddington, Esq. Dear sir,—We
hereby agree to allow and pay you a commission of 2 1/2 percent, on any sales made or business done by you, &c, McCorkell & Co.") June 25th, 1874. To W. C. Boddington, Esq. (This stated, "Chrome ore, &c. We will agree to give as a bonus on the advance of 10,000l. a sum of 2,000l., the same to cover and include all charges; we also agree to pay a commission of 2 1/2 per cent. on the sale of ore in England, &c. Messrs. Morgan, Allsopp & Co.") would hold the title deeds of the estate. Signed, W. McCorkell & Co.") A letter dated 1st July, 1874, was also put in; this was from W. McCorkell to Boddington, which stated, "In consideration of your having introduced me to a firm with a view to an advance of 10,000l. to my principal Mr. McEvren on security of his Hungarian property, I hereby agree on his behalf and my own to pay you a commission of 1,000l.") This pro forma invoice and other papers were found among the defendant's papers. (These were, an invoice of 1,000 sacks bought of Fell & Co., a letter from Gavin & Co., forwarding samples of sherry, an invoice of 100 dozen spoons and forks, value 164l. 10s. 6d., another for stationery value 19l. 7s. 6d., another for various articles ordered of James Herzor, 45, Friday Street, another from T. F. Todhunter, of Gresham Street, for goods as per invoice, 3l. 14s., another for shirtings for Morris, of Manchester, value 100l. 17s. 5d., another for 1,000 pairs of cricketing shoes from the Eagle shoe factory, 338l., and another for 4,000 sacks, 139l. 13s. 4d., all forwarded to W. McCorkell & Co.) Since the case has been at the Mansion House we have had an application from the defendants' solicitor to see the books—I think it was after the committal—I have the letter here—Mr. Pluckett instructed me to allow access to the books, and they have been open to the defendants throughout the entire proceed in.
Cross-examined by MR. METCALFE. The officers have kept the books and papers, and when we required them we sent for them—there are a very large quantity of them—there are documents relating to property in Hungary—they are here—I found prospectuses of nine or ten different companies, one of which was "The Hungarian Chrome and Coal Company"—I have made enquiries of the solicitors who are upon these documents—I. have been to Messrs. Cole to make enquiries—no one is here from them that I am aware of—I did not go to Mr. Bell or Mr. Brown, though I was asked the question last Session—I have made no enquiry of Professor Hull or of Mr. Hull, who, it is suggested, made the analysis—I made no enquiries of Mr. Nelson Boyd, of 5, Mitre Court Chambers—I have been to Mr. Snell—I do not know whether he is here—he told me that most likely he should be called as a witness for the defence—I have not made any enquiry of Mr. Home, of the Oxford School of Chemistry, Broad Street, Birmingham, or of Mr. Steine—I have not been to anyone with respect to McCorkell's property or claims in Jamaica.
Cross-examined by MR. MONTAGU WILLIAMS. I superintended this prosecution on the last occasion—I had an interview with Mr. Snell before the last trial, but not since—I think it was after the committal that he told me that he was going to be called as a witness for the defence—I know it was before the last trial—I was present when Mr. Brown was examined on the last trial—I do not think Mr. Besley was present at the time—Mr. Brown was called as a witness to character, and then made a statement—I heard his evidence—I have never seen him since to speak to him.
Re-examined. I have not found any trace of McCorkell having any property in Jamaica in any book, but there is a printed circular about the getting up Port Royal—Mr. Brown was only a witness to character on the
the last trial, and he was reproved for irregularity on account of the statement he made.
By MR. METCALFE. I mean to say that I found no trace in the letter-book of property in Jamaica, but I found a correspondence referring to digging up Port Royal, which was submerged in 1792—I have not gone through the correspondence.
CHARLES GROSJEAN HENRY L'ENFANT . I am a clerk in the Bankruptcy Court—I produce the proceedings in the bankruptcy of Charles Beardsell—the adjudication is dated January, 1874, and Mr. E. C. Foreman was appointed trustee on the 6th of February, 1874—the proceedings are still proceeding—I also produce the proceedings in the bankruptcy of Crevey, of 2, Friday Street—the adjudication is dated 5th December, 1874.
WILLIAM NOBLE CUMMING . I knew Beardsell slightly about three years ago—I met him in June last in Broad Street—I was out of a situation, and he said "McCorkell & Co. want a clerk; you may as well come down to Queen Victoria Street—I called there and saw McCorkell and Beardsell on the 2nd floor—they asked me to write a letter, which I did—I got a postcard shortly afterwards and went to 8, Queen Victoria Street, where I found that the name had been removed from the second to the third floor they engaged me as clerk at 10s. a week, and I went there about the 13th of July—this copy letter-book was in use when I went there, but no other books—in about two months a ledger, journal, stock-book, and cash-book were procured—this is the day-book—it contains the entries of the daily transactions—they are all to be found on two pages and a little more—the the first two entries are in Beardsell's writing and the last one mine—the first two entries refer to Mr. Alexander, of 41, Houndsditch—I know him by sight—he sometimes came twice a week, and sometimes not at all—this entry purports to be a sale of goods to him, but I know nothing of the transaction—I never saw any money pass between Alexander and the firm—the next entry refers to Lyde & Co., and the next to Underwood, who came there several times—Beardsell posted Alexander's entries; Lyde's and Underwood's are in my writing—those three are the only entries in the ledger—here are eight entries in the stock-book, the first of which refers to H. McGill & Co., of Leeds, three to Hinchliffie & Son, of Leeds, three to Hinchlifife, of Manchester, and one to Robinson & Clay—the stock-book is the entry of goods brought into the firm; the first entry in it is Beardsell's and the rest mine—I copied the entries from the invoices—I saw Martyn there on an average three times a week—I heard McEwen tell McCorkell to tell Beardsell that he would have nothing to do with the cloth business as it was not his business—that was about a week before the close of the office—in the beginning of October, the last week I was there, I lent Beardsell some money—I asked McEwen if I should lend it to Beardsell, and he said that I might trust him up to 10s.—Beardsell sent me to Turner, the packer, to ask if any goods had come from Manchester or Leeds—I came back and told him that there was a sale of goods, but he did not know whether it was for him or not, and he went out shortly afterwards—McCorkell was there nearly every day—the office was closed nearly two weeks before I left, during which time I saw the defendants at Deacon's public-house, in the smoking-room—I told Beardsell I did not like to see them there it was hardly respectable—he did nothing there but smoke that I could see—he said that the office would no doubt be open by that time, would I go up and see; and that a distress was put in—I went and
found it closed and a carman coming up the stairs who had some goods to deliver—I went and told Beardsell that some goods had come to the office, and he went round and spoke to the man—I do not know what became of him or the goods—that was about a week before I finally left—he did not tell me what the goods were, but I think they were blankets—I lost the 10s. and the two weeks' salary—the prosecutors have only given me the 10s. which I lent to Beardsell; not the two weeks' salary—I entered all transactions which Beardsell told me—they were all entered, as far as I know—McEwen was sometimes absent in Wales for a week at a time—I believe I saw Martyn on the day I went into their employ, and twice or thrice a week during August, September, and October—this (produced) is the petty cash-book—all the entries in it are in Beardsell's writing—the eight entries in the stock-book correspond with the numbers on the parcels—the first is written by Beardsell and the other seven by me—here are only six entries in the day-book:—July 11, Alexander, 52l. 19s. 2d., that is in Beardsell's writing; September 6, Lyde, 60l. 10s. 8d.; September 9, Underwood, 46l. 10s. 2d.; September 18. Lyde, 130l. 10s. 6d., and September 23, Lyde, 28l. 5s.—the only names in the index to the ledger are Alexander, Lyde & Co. and Underwood—I cashed this cheque of 11th September on the Anglo-Hungarian Bank, payable to William Cumming, or bearer, and gave the money to McEwen; also this cheque for 5l. on the 18th of September—this is my letter. (This was dated October, 1874, from the witness to Mr. McEwen, requesting a post-office order for 1l. 10s., due to him, having called at the office and found no one there.) I never got the order or the money—I do not know St. George D. Irvine, who is mentioned on this cheque of 5l.
Cross-examined by MR. M. WILLIAMS. McEwen was at the office every day, unless he was in Wales—he was away once a month, sometimes for a week and sometimes only two or three days.
Cross-examined by MR. METCALFE. My weekly money was not paid first; I was six weeks without it—it was paid the first week but not the second, it was not paid again till McEwen paid me, six weeks afterwards—Deacon's dining-rooms are in Walbrook—we were in the smoking-room—a great many City people go there, but I did not like to be seen hanging about there all day—Beardsell made the first entry to show me how to do it.
EBENEZER CHAMBERS FORMAN . I am an accountant, in partnership with Mr. Cooper, at 7, Gresham Street—I am a trustee in Beardsell's bankruptcy—the amount of indebtedness described in his accounts is 3,018l.—the assets collected are 3l., and there is no probability of any more—I am only trustee of his estate prior to these proceedings altogether—he said that he had received only 150l. on the goods pledged.
Cross-examined by MR. METCALFE. The debts were 3,018l. 13s.—the book debts were 1,661l. 19s. 10d., which he estimated would produce 817l.; but they realised 3l. only—I have his statement with me, but not the books—debtors were summonsed—I did not endeavour to ascertain whether he had taken upon himself the liabilities of the former firm—I can not tell you whether that firm failed, the case was so hopeless that I made as little enquiry as possible.
Re-examined. The statement I have is headed "Good, doubtful, bad, and estimated debts"—Brummell & Co., of 2, Gresham Buildings, is the first name down, that is for 158l.—Brummell is abroad and we cannot get it—the next is Philip Thomas, we have taken proceedings against him but cannot
serve him; Raphael Minns is the nest, he denies being a creditor; Valey Brothers are down for 268l. 17s., but they owe nothing; and Wilhelms, of the Poultry, claims to be a creditor—they were examined in the Bankruptcy Court and denied the debt, and the evidence led us to conclude that they were right and that the debtor was wrong—those were the only procedings taken.
WILLIAM HENRY ALLSOPP . I am a member of the firm of Morgan, Allsopp & Co., commission agents—I have seen McCorkell several times—he said "I want to dispose of some chrome ore which is at Pesth"—I said "How are you going to get it here?"—he gave me an analysis of it, which I think was made by a man in Dublin, and left a small sample, which I returned to him—he valued it at from 6l. to 8l. per ton—it was not crushed, and there was a considerable difficulty about selling it—my partner said that an engineer should go to Hungary to examine the property and verify the statement before any advance could be made, which would cost 100l.—that was at the end of May or the beginning of June—I last saw him on the subject at the end of October—I never made him believe that I would lend him any money, it is not our business—if the matter had turned out properly and there was & market for the ore I should have thought twice about advancing any money—we had two pages of Professor Hull's report copied and sent it to a friend, and I believe the analysis was satisfactory, it was a large analysis and it appeared to be bona fide—a proposal was made to bring out a company to sell the ore, but I declined that as the company had been brought out before—it was Mr. Boddington who introduced McCorkell—I did not see Mr. Rock at all—the matter came into my office about the end of May, and at the end of October I finally declined to have anything to do with it—I advanced no money—no money was forthcoming to go to Hungary with—I was not asked to supply it—I did not endeavour to raise 10,000l. at 2,000l. interest—it was a commission—this is the letter and this is our reply. (This was dated June 27th, 1874, proposing payment of a lump sum of 300l. in lieu of commission, and 1l. per cent, if an agency was afterwards required.) Boddington wanted 300l. for introducing the business, but we cannot read those letters from our letter-book, they are Boddington's—no terms were mentioned for a loan, it never went so far as offering terms—no contract was made—I believe Boddington has an office in the City—I saw him in my office—I saw him last about the month of October.
Cross-examined by MR. METCALFE. He was then carrying on business in Lombard Street as Boddington & Son—this matter was between us from May to October, but I never asked for any of the documents—I saw a prospectus and a map of the country—it is near Belgrade, and not far from Pesth—I saw an analysis of the ore by some one in Dublin, but I did not see one by Mr. Boyd of Mitre Court—I was not referred to Messrs. Cole or any attorney connected with the matter—I forwarded the analysis to Mr. Reynolds, a friend of mine, to have it tested, because we could have sold the chrome.
Cross-examined by MR. SERGEANT SLEIGH. We did not make full enquiries about the property in Hungary because the time had not come for that—I was furnished by McCorkell with full information in reference to the extent of the property and the mineral resources—I saw him a good many times—he furnished me with two specimens of ore, and told me that the property consisted of about 50,000 acres on the banks of the Danube, which contained not merely chrome but coal and iron—that was the information Mr. Boddington
coveyed to me in his letter, which was the only information I had—I believe it was McEwen's absolute freehold, he only paying 5l. per cent, royalty to Government—I had the opinion up to the end of October that McCorkell was acting bond fide, I believed what he said, and I have no reason to doubt it now.
Re-examined. It never came to any enquiries made by me, because I could not get the chrome delivered here in London to sell—I never sold any and never saw any in bulk, only in samples.
JOHN MOSS (City Detective Sergeant.) On 11th November, I received three warrants upon which I took Beardsell and McEwen in custody on the 12th about noon, at the corner of the Old Jewry and Cheapside—I took them to the station, and found on McEwen a halfpenny, I think, this diary of 1874, these three prospectuses of three mining companies, and this report of the Ewenthal Mining Company—on Beardsell I found a letter from George Fenwick, of Gateshead, two contracts for cloth from Mr. Attenborough, and some memoranda, and 5s. 3d. in money—I afterwards went to McEwen's, lodging at 3, Circus Place, Minories—it is a lodging-house—McCorkell called there at 5.30, and I took him there—I went to McCorkell's lodging, 3, Harleyford Street, Kennington, where he occupied one room on the first floor back—they are small houses—I produce a draft agreement of partnership which I found at McEwen's lodging—I afterwards went to the third floor at Queen 8, Victoria Street, and secured some letters and papers from the housekeeper's wife which have been given up, and which include the books (produced) and the letter-book, also this copy of a writ issued by Mr. Collins in an action against Powell—this letter dated May 15, addressed to Beard-sell and a letter of 17th July from Portsmouth. (The prospectus of "the Hungarian Chrome and Iron Company" was put in, to which a map was attached; also the draft agreement dated 12th June, 1874, which was endorsed cancelled this day by mutual consent 1st September, 1874, and signed by McCorkell and McEwen, also a copy of a writ at the suit of W. Powell, of Dolgely, v. Alexander McEwen and W. McCorkell, dated 21st August, 1874, on a bill of exchange for 74l. 12s. 6d., and a letter to Beardsell dated May 14, 1874, signed pro J. Simeon, C.W.F., stating that Mr. Crevey had called on him on business and had given Beardsell's name as a reference inquiring whether Crevey was trustworthy to the extent of 50l.
Cross-examined by MR. METCALFE. I also find a document marked P referring to an agreement between Argals and McEwen and a copy of an agreement of 3rd June, 1873, between McEwen and Addison and a copy of an agreement between Vickers, McEwen, and Argals; an agreement between Argals, Lyall, and Boyd, and an agreement between McEwen, McCorkell, and Beardsell—I have never been to any of the attorneys whose names appear on these documents or made any enquiries about these gentlemen whose names appear on the prospectus as directors or solicitors, or about Professor Hull, or Boyd, or Reynolds.
Cross-examined by MR. SERGEANT SLEIGH. I have not gone through McEwen's diary, I have looked into it and find entries over and over again about Mr. McCorkell and going with him to different people about this chrome matter; I also see a memorandum there of money received from Underwood, an advance from Mr. Davis.
Re examined. I have made inquiries ever since the prisoners have been in custody and have been unable trace Underwood.
McEwen were taken, I took charge of Beardsell and found a penny on Him—I took him to Bow Lane Station and found on him seven pawn tickets, three I O U's and some letters, papers, and memoranda—I went to his lodgings at 6, Grove Place, Acton, and found there this letter to Mr. Cumming—I frequently saw Underwood before these proceedings, I have looked for him since, but have not seen him.
Court to MR. CUMMING. Q. When you kept the books, as far as you know, were all the transactions entered in them? A. Yes.
(McEwen's diary was here put in and portions of it read; also the large diary of the firm, and Beardsell's pocket book)
W. H. HINCHLIFFE (re-examined). I gave no authority for my name being used as a reference—I was not under any pecuniary obligations to Lyde, he had no authority to give references for me or to write my name.
Martyn's Defence. I shall leave my case in your hands, my Lord, I received a commission for my trouble. I am totally unacquainted with the circumstances of these people, will you be good enough to look at these circulars of the houses I am agent for, and I could not be in partnership with Crevey.
BEARDSELL, McEWEN, and McCORKELL received good characters.
GUILTY — Eighteen Months' Imprisonment each.
MARTYN— NOT GUILTY .
Before Mr. Recorder.
MR. GRIFFITHS conducted the Prosecution.
ELIZABETH JANE KNOWLES . I am a widow, and live with my father, Mr. Hands, a boot and shoe maker, of 39, Church Street, Woolwich—on the night of 19th December my father went to bed early; I went to bed about 12.30—before going to bed I went round the house and saw that it was all securely fastened—about 1 o'clock I heard a noise as of footsteps of more than one person downstairs in the parlour and shop—I lighted a, candle and went downstairs in time to see some one disappear out of the parlour window, which was wide open—I saw thirteen or fourteen pairs of boots lying on the parlour floor in a sheet which had been on a clothes horse in front of the fire in that room—a chair was knocked down by the window, which might have been done by a person getting in or out—from the shop I missed about thirty pairs of boots—my father came down and we called "Police!" and "Murder!"—the prisoner came up to us and said "What is the matter, what have you lost?"—I pushed him into the road and said I believed he was one of them and I should know him again—he appeared to be out of breath, as if he had scrambled up—the window had been opened by a knife being slipped in between the sashes, and pushing the catch back—I saw a pair of boots produced before the Magistrate, they were my father's; these (produced) are them, there is a mark of 2s. 11d. in the corner of the toe, I can recognise them as a pair that were lost.
SARAH PRESCOTT . I am the wife of John Prescott, and live at 8, Whit-worth Place, Plumstead—I am the prisoner's sister—in December he brought this pair of boots to me and said they belonged to his young woman, who he was living with—that they were too small for her, and asked me to pledge them, which I did, at Mr. Thomas', in the name of Goodwin.
JOHN LAY . I am assistant to Mr. Richards, of Thomas Street, Woolwich—it is known as Thomas's shop—these boots were pawned with me on 31st December in the name of Goodwin—I afterwards gave them up to the police.
ELLEN WHALLEY . I live at 5, Martyn's Passage, Woolwich—the prisoner has lived with me—I remember his asking me to give him some money—I always gave him money—he never went out without a shilling or two in his pocket from me—on one occasion I gave him 3s. when I had just previously given him 5s.—it was a fortnight or three weeks before Christmas—I gave him 22s. on the Sunday night—I remember his being away one evening and coming back to me with a soldier—he had been with me up to 12 o'clock the night before—I was ironing, and he was giving me the irons from the fire when the police came and said he wanted him, and he went with the police—he was let go then—about a week after that he said to me "I took a sheet off the horse, and if the chair had not been tipped over, and he could have got away, he should have made a good job of it"—this was three or four days after the robbery—I said well, if it was him, if I could find it out any way in the world, if it was my own father, I should round upon him—I remember his cutting up a boot and mending his own with it as he sat in my back kitchen with the soldier—I did not see any other boots.
Cross-examined by the Prisoner. I did not put a pair of boots and an odd one between my petticoats when the police came—I did not know anything about the robbery till a week after and then I gave information to the police—I have been a good girl to you and have even gone on the streets to make you decent and respectable, but I am sorry to say you could not keep your hands to yourself.
Prisoner. I am guilty of taking a pair of boots and one boot, but she is equally as bad, for when I was taken she hid the boots in the cellar. Witness. How could I do that when I have not got a cellar to my house.
GUILTY . He was further charged with having been before convicted of felony at Maidstone in October, 1868, and sentenced to five years penal servitude—to this he
PLEADED GUILTY**— Seven Years' Penal Servitude.
Before Robert Malcom, Kerr, Esq.
MR. COOK conducted the Prosecution; and MR. MOODY the Defence.
THOMAS WHITTERING . I am an engineer and live at 17, William Street, Greenwich—on Saturday, January 2nd, I met the prisoners about 7 o'clock and went with them to the Mitre public-house—I was drinking with them there for about three-quarters of an hour—I then left and the prisoners came out after me—I called a cab to go to my house, they got in too, and I told the cabman to go to 17, William Street—he drove up the street to within 30 or 40 yards of the house—I got out there and the prisoners hustled and shoved me about—they shoved me down in the mud and I put my two knuckles out as I fell—one of the girls took the money out of my pocket and paid the cabman—I could not say which one it was—they hustled me up a lane and shoved me down and broke my watch from the guard—they stole the watch—I could not say which it was did that—they ran away and I ran home and told my wife that some bad girls had taken my watch—I afterwards gave information to the police.
Cross-examined. The Mitre public-house is nearly a mile from my house—I had not known one of these girls before—I never knew Alice Ladd before—I was standing at the corner of the street near the Mitre about 7 o'clock in the evening—they asked me to give them something to drink as it was cold, and I did—I had had a couple of glasses before that—I gave them some hot spirit and water—I had a couple of glasses of grog—a cab was not a customary luxury with me—I was not too tipsy to walk—I think there was something put in my grog—I have not said anything about that before to-day—I did not offer one of the girls a shilling for a kiss—I gave one of the girls a shilling to get something to eat—they paid the cabman I had 18s. 1d. when I went into the public-house—they took out the money out to give the cabman—I don't know what they gave him—I tell you I believe I was stupified—I did not go to the police and give an account of this—I was not ashamed of my wife's knowing it—I had done nothing wrong—when I went to the Police Court on Monday the girls were there—I was not swinging my watch in the lane—I did not give it to Alice Ladd and tell her to pawn it, the thing was too valuable to give away.
Re-examined. I had my watch when I got out of the cab.
WILLIAM SIMS . I am a cab-driver and live in Green Lane, Greenwich—on Saturday night, 2nd January, the prosceutor and the prisoners came to my cab about 8 o'clock—the prosecutor said he wanted a cab and they all four got in—the prosecutor got in first and the three prisoners followed, they asked him to give them a ride to East Greenwich—he told me to drive to East Greenwich; the turning that side of the Union that is William Street—when I was going up the turning he directed me to, one of the prisoners halloed out "Turn up straight to the left and then turn to the right and that will do"—they got out two of the women first, then the prosecutor, and then the other woman came out—I asked who was going to pay the fare and Julia Hart said "Come, dear, pay the cabman his fare"—he said "How much is it"—I said "2s"—he put his hand in his pocket to feel for his money and he had got none—he said "Let us go across to the light," and as they went across to the light they all three ran after him and shoved him down—I said "Don't shove him down"—I picked him up—they went to the light and he felt about his pocket and took his watch out—I said "Put that in your pocket, you may break it"—Ladd pulled out a penny piece from his pocket and Hart pulled out four sixpences and some bronze money and I was paid in three sixpences and bronze money—the prosecutor had had a little drop, but he was not drunk—I asked them to let me see the man home—they said "You go home cabby, you go on, the wife would not like to see us all go up to the door together," and of course I left the prisoners—Julia Hart said she lived next door but one to him and caught hold of his arm and dragged him him up the lane—that was the last I saw of him.
Cross-examined. He was not much the worse for liquor—he took the watch out of his pocket to see if there was any money in that pocket—I thought it was necessary to tell him to take care of it.
HENRY STROUD . I am shopman to Mr. Pooley, pawnbroker, of East Greenwich—on Saturday night, 2nd January, Faulkner brought this watch and offered it in pledge—she said it was her father's, and he was ill in bed—we were not satisfied, and she said she would fetch her mother, and we said we would rather have her mother to pledge it—she went out, and in about half an hour returned with a person she represented to be her
mother, and the mother said it was her husband's watch and Mr. Pooley gave her 1l. upon it—the prosecutor afterwards came to the shop and, identified it.
Cross-examined. Faulkner came to the shop again on Monday evening—the prosecutor had been on the Monday afternoon—a constable was sent for and she went to the station with him—the other girls came to the station afterwards.
WILLIAM LAWS (Policeman R 125). On Monday, 4th January, in consequence of information I went to Mr. Pooley's shop—I went first in the morning and found the watch had been pledged—in the evening I went again. and saw Faulkner—I asked her where the ticket was of the watch she had pledged on the Saturday evening previous—she said that her mother had got the ticket and she was gone to London; she said that the two other girls who were with her she could find and bring to the station, and they all came to the station at night.
Cross-examined. One of them said that the prosecutor had given them the watch.
NOT GUILTY .
MR. FRITH conducted the Prosecution; and MR. RIBTON the Defence.
CHARLES CROSS (Policeman R 475). On Saturday evening, 26th December, about 7.30 I was on duty in Brockley Road, near Rokeby Road—I saw three men loitering outside 6, St. David's Terrace—the prisoner was one of them—I have no doubt whatever about that—I saw one of them come from the garden of 6, St. David's Terrace, Brockley Road—I went and knocked at the door and asked the people if anybody had knocked there—I then spoke to two females who passed, and in consequence of what they said I followed the men—when passing 40, Rokeby Road I heard a noise like the breaking of glass—I went to No. 40 and turned my bull's-eye on and saw the prisoner coming from under the doorway—the two others were standing outside—I spoke to them and said "What are you doing here?"—the tallest man said "We are not drunk, you are mistaken"—the prisoner was coming from under the doorway at the time—there was a recess—he came from the recess and came out of the gate, and was in the act of shaking hands with the men—he said "Good bye, old fellows, I will see you one day next week"—I said "Before you go I want to know what you were doing in the doorway"—the prisoner attempted to go away—I seized hold of him by the left arm—I tried to get hold of the tall man but I lost him—the prisoner attempted to close with me and I threw him down—the landlord of No. 39 came out and we took the prisoner to the station—when I went to the house I found the glass panel of the door broken, and there were marks of an instrument having been used near the lock, and the stop of the door was nearly broken away from the frame—they looked like the marks of a jemmy—I found 11s., an eye-glass, and a pen-knife on the prisoner.
Cross-examined. I was about 100 yards from 40, Rokeby Road when I saw the three men first—the gate opens on to the road, there is about 5 or 6 yards of garden in front of the door, and there is a recess to the door—I was looking after the men when I heard the glass breaking—I lost sight of them for a few minutes in the bend of Rokeby Road, and I heard the noise as I was turning the corner—I lost sight of the whole three for about half a minute as they turned the corner, and when I saw them again two of
them were outside the gate of No. 40 and the prisoner was coming from under the doorway—there was a shutter up inside the window—no one was with me—I could not swear that it was the breaking of glass that I heard, it sounded like it—the prisoner did not say he lived in the house, but he wanted to make out that he did, they all appeared to come out of the house—I saw Mr. Taylor—he was not in the house then—it was empty—the door was shut and locked inside—the other men soon bolted—I had spoken to two women in Brockley Lane, some distance off—I don't know who they were—I asked them if they heard any remarks by the men they passed, and they said the man that came out of the garden of No. 6 said there was a light in the window—there were no other people about—the landlord of No. 39 is not here—he was at the Police Court, but he was not requited—his son went down to the station with me—I met the two women about 100 yards from No. 40—I will swear there were not two other men there besides the three, I wish there had been; I dare say I should have got assistance then—it was about 7.30 or 7.35 in the evening.
GEORGE WILLIAM TAYLOR . I live at 40, Rokeby Road, Deptford—I am a clerk—on Christmas morning I left the house securely fastened, locked in the usual manner—I returned about 11.30 or 12 o'clock the same night to see if everything was right—I went out again locking the place up as before—I went to the house again about 10.30 the following night—I found the glass panel of the front door broken—my attention was afterwards called to the door, and I found chisel marks—the jamb of the door had been forced, and the lock inside was loosened—the beading was started.
Cross-examined. Considerable force must have been used—the glass was not broken when I left the house at 11.30 the night before.
GUILTY — Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. POLAND conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
EMMA BANNISTER . I live at the Young Elephant beerhouse, Short Street, Wal worth—on the night of 8th January I was serving in the bar about 12.15, just before closing—the prisoner came in with a rush and asked me for a pint of 6d. ale—I told him it was too late—he said "Oh, I will drink it off"—I drew it and he said "Oh, I only wanted a glass"—I poured out a glass—he put down a florin—I got 4 1/2 d. out of the till, and 1s. 6d. out of my purse and I kept the florin in my hand—just as I was going to give him the change I found it was a bad one—I said "This won't do, it is a bad one, give me my money back, and I will break it in half"—he said No I shan't give it you back, you have changed it yourself—I called in the police—there was one at the door, and I gave him in charge—I had given him the change; be took it up and would not give it me back—I gave the florin to the constable.
Cross-examined. I had the florin in the same hand as my purse while I opened my purse.
passing a counterfeit florin—he said he did not give a florin, he saw the last witness take it out of her purse—I found on him three sixpences and one shilling in silver, and 9 1/2 d. in copper—after we got outside the house the prisoner said "Is she coming to charge me"—I said "Yes"—he said "Well they can't do anything to me for one piece"—he went along quietly until we got to the corner of Hampton Square and then he said "Well I am going to sit down here"—I said "No you are not going to sit down, we have not far to go"—he then went along to the corner of the street where he put his arm round a lamp-post and said "I shan't go any further unless you carry me"—I said "I shall not not do that"—we stood for about a couple of minutes and then I pulled him away from the lamp-post, and he made an attempt to get away—I drew my truncheon and said if he did not go quietly I should strike him—he went along for a few yards—I put my truncheon back in the case, and then he stopped all of a sudden and said "If I did not let him go he would knife me"—I looked down and saw this knife partly open in his hand—I threw him on his back and took the knife from his right hand—he said "You took it out of my pocket"—I pulled my rattle out and asked a gentleman standing in the crowd to spring it for me, I"' which he did, and Sawyer came to my assistance—as soon as he got hold of the prisoner he commenced kicking him very violently in the legs—we got him along a short distance and he began kicking again—I threw him on his back and held him down to prevent him kicking Sawyer, but the prisoner kicked him twice in the forehead—we got him to the station—I produce the florin which Emma Bannister gave me, and also one which I received from Sawyer.
THOMAS SAWYER . I keep a coffee stall in Walworth—on the morning of 8th January I heard a policeman's rattle and went up—I saw the prisoner on the ground and the constable called on me to assist him—I assisted him—the prisoner kicked me very violently, and I have been laid up for eight or nine days—we got him to the station—I recognised the prisoner as having served him the morning previous at my stall—I served him twice that night—he gave me a florin in payment, I put it in my pocket, there were no other florins there—I looked at it by daylight and found it was bad—I had not taken any other florin that night—I afterwards gave that florin to the constable—I am quite sure the prisoner is the man who gave it to me—I recognised him in the beerhouse at once—I was there at the time, and told him distinctly before the constable "I took a 2s. piece of you last night" previous to my helping to take in charge—afterwards I was riding up the road with Miss Bannister and I heard the rattle spring and got out of the cab, thinking it was some one required assistance.
Cross-examined. It was between 12.45 and 1.30, the night before that I served the man who gave me the florin—I can't swear what it was I served him with, it was either two teas and a coffee, or two coffees and a tea; there were some females with him—I was in the public house; I did not see the prisoner come in—I was not in the same compartment—I did not know that he had given anything bad when I recognised him—my coffee stall is immediately outside the public-house, and it is a stationary one.
He also PLEADED GUILTY to having been before convicted of uttering counterfeit coin— Five Years' Penal Servitude
187. EVAN MORGAN (27), was indicted for that he being a trader whose affairs were in liquidation, unlawfully did conceal and remove certain goods and money with intent to defraud his creditors—Other Counts varied the mode of stating the charge.
MESSRS. STRAIGHT and GILL conducted the Prosecution; and MESSRS. BESLEY and GEORGE LEWIS the Defence.
After the commencement of the case the Prisoner, having stated in the hearing of the Jury that he desired to PLEAD GUILTY, they found that verdict — Two Months' Imprisonment.
MR. PLATT conducted the Prosecution.
GUILTY. Recommended to Mercy—Judgment Respited.
MR. RIBTON conducted the Prosecution.
BENNETT PEDDLE . I live at South Lambeth—on the night of 26th January I went to bed about 11 o'clock and left everything safe—I was called up about 7.14 in the morning by the Inspector—I found the back kitchen window open which I had fastened over night, and missed articles worth about 2l.—these produced are them.
MATTHEW MASON (Policeman W 69). On the morning of 27th January I was in the Lambeth Road, and saw the prisoners coming from Stockwell towards town in a direction from Mr. Peddle's—I stopped them and asked where they came from, they said "Straight along the road"—I asked them where they were going—they said "To Vauxhall to try to get a job at the gas works"—I saw something bulky in front of Oliver, I touched him and said "What have you got there?"—he said "Nothing"—I said "Let's look"—I had a struggle with him, and shouted out to another constable, who came and secured McDonald—they were taken to the station and searched—on Oliver I found these two tankards and the teapot, and on McDonald nine forks and seven spoons in his pocket, and 2 lbs. of bacon and a box of matches—they said they had found the things just before they met me near a fence.
MATTHEW JOSEPH HAYES (Police Inspector). When the prisoners were brought to the station I asked McDonald where he had got the property that was found upon him—he said he would not tell me anything—Oliver said he found them against the fence close to where the policeman stopped them—I went to the backs of the houses in Abbot Square, and at the back of 31 I saw the back kitchen window open—I went and knocked up the prosecutor—I found that the window had been opened by something being passed between the sashes to push the hasp back—I found this toast rack on the window ledge, a candle, and the remains of some matches.
Oliver's Defence. I was coming along to work and saw the articles placed in a corner with a lump of black rag over them—I saw the constable pass right by where they were, he must have seen them—I met this man, picked up the articles, and gave him the forks and spoons and took the other things myself—we went along the road and the constable came running after us and took us for breaking into the house and stealing the articles, of which I am innocent.
McDonald's Defence. What he says is true.
They both PLEADED GUILTY to previous convictions, and had been several times in custody— Ten Years' Penal Servitude each.
Before Mr. Justice Grove.
MR. LILLEY conducted the Prosecution; MR. A. B. KELLY the Defence.
ANN LUCAS . I am the prisoner's wife, we have been married twenty-one; years next month—he has indulged in habits of intoxication, for nine years past—in consequence of that and other circumstances I separated from him in July last—we carried on a business in stewed eels—in October last my father purchased the shop and business of the prisoner at 49, Snow Fields, Bermondsey, and put me in it to carry on the business for myself and children—I have six children by the prisoner, five living, three at home—prior to 29th December the prisoner was lodging next door but two to me—he very frequently came in since October—soon after I separated from him I saw several placards like this (produced) about the neighbourhood—two were shown me by my little boys and one was given me by a neighbour and the prisoner used to carry one about with him and show it. (This was a hand-bill offering a reward of 1l. for the dead body of his missing wife, with a N.B. stating that no reward would be paid if she was brought home alive.) On 29th December, between 4 and 5 o'clock in the afternoon, the prisoner came in, I was at tea with my son Thomas, a lad of 15—he came in from the Southwark Police Court and said "She (meaning my daughter) has not had it all her own way"—I said "I am glad of it"—I knew he had been to the Police Court—he said "She had a neighbour with her," and made use of bad language about the neighbour—I said "Don't make that remark, you have a bad toe yourself, and you would not like a remark of that kind made about you"—he said "My toe is very likely to be bad for twenty years"—he seemed very angry—I asked if he would have some tea—he said "I don't want none of your tea, I want to know when I am to bring back my bed"—I said "I can't say, it is my father's house now, once it was mine and yours, then I could say what I liked"—he said "I want to know whether I am to bring back my bed to-night or not"—I said "I can't tell you"—he said "Well, if you can't decide it I will"—he then went out into the yard—we keep the knives that we use in the business on a table there—he was there a very few minutes—during that time my son and I went on with our tea—the prisoner returned from the yard and shut the door, and came into the kitchen where I was sitting, and in a moment of time I received a stab in my neck—I was in the act of getting up to put some water in the teapot and had the teapot in my hand; I did not perceive for the moment that I was stabbed—my son got up and ran out—I received another stab while he was gone—I turned round and my husband came again, holding the knife over me—I saw the knife, it was one that we used for trimming the eels—my boy had only gone a very short time when be returned and threw a basin at his father—the first stab was in the side of my neck and the second was in the throat, near the same place—I am suffering from the throat now and cannot speak very loud, I think the first stab nearly stunned me—the prisoner bowed his head when my son threw the basin at him to escape it, and then he ran after the boy with the knife still in his hand—I ran into the shop and pushed by him and got out into the street
as he was standing on the step with the knife in his hand—there were two or three persons outside the door, a policeman came across the road and I gave him in charge—I was taken to the hospital and was under treatment there a fortnight and two days—I am not well now, the wounds are a good deal better—I do not go to have them dressed now, I dress them myself.
Cross-examined. I was aware that my husband had been to the Southwark Police Court that day in consequence of a summons of my daughter's—when he said she had not got it all her own way I replied "I am glad of it"—I was glad of it because I wished him well, he was my husband and I did not wish that a daughter should have any control over him—I was not a party to her taking him to the Police Court, I had nothing to do with it, it was not with my consent—I meant what I said, I was glad; it was not said in a. jeering manner by way of irritating him, I said it meaningly—if I had seen any reform in him from his drunkenness I should have been willing to live with him again—I had no dread of him at that time, although he has ill-used me many years—I had forgiven him many times—we had led a very unhappy life; there had been a great many disputes between us—I had no fear of personal violence from him at this time, although I had for years past when he lived with me, I used to hide knives and many things out of his way—at the time he had these bills printed he had two prostitutes in the house after I left the shop—I can't tell you what I supposed he meant by the bill, I suppose he did want my dead body, by the bill; I thought it was to annoy me, I thought it was a very wrong thing—I had often asked him to have a cup of tea, I could not see the father of my children come in and out without asking him such a thing—he was a very few minutes in the yard, I could not say how many—he was not in a very nice temper when he refused the cup of tea and went into the yard—I did not hear him say anything when he came in and I received the stab—immediately after I received the stab my son left the room and he made a stab at the boy as he left the room—I remember the boy falling, I heard the noise—I received the second stab while my son was gone, because I had time to get up and face my husband and he had the knife over me and then the boy returned—he did not strike me a third time, he was in the act of doing it when the boy returned and threw the basin, he got the basin from the shop where the basins are kept.
Re-examined. My husband was aware that the house belonged to my father after the business was transferred—he has asked me several times to receive him back and I told him as I saw no reform in him I could not—I said very nearly the same words on the 29th.
THOMAS LUCAS . I am the son of the last witness and the prisoner—I am fifteen years old—I was living with my mother at 49, Snow's Fields, on the 29th December—I was at home between 4 and 5 o'clock when my father came in—he began talking about my sister, that she had not had all her own way with him and then began talking about a neighbour who went with my sister and began swearing about her—my mother said "Hold your row, Thomas, you have got a bad toe yourself, you would not like anybody to call you names"—he said "I might have a bad toe for twenty years"—he then asked mother to go upstairs—she said "No, speak to me down here, the two children will go out into the shop while you speak to me"—so I and my little sister went out into the shop and stopped two or three minutes—when I came in again he said "I am going to bring my bed in here to-night"
—she said "No, you must not"—he said "I will if I get thrown out of the top-room window"—mother then said something to him, I can't recollect what it was, and he said "I did not say I would bring my bed in"—afterwards he said "When shall I come home?"—she said "I can't decide, Thomas, it is not my house, it is father's house"—on her saying she could not decide, she would have to ask grandfather first, he said he would decide and he went out into the yard, we kept our knives there on a table—while he was in the yard my mother and I went on with our tea—the kitchen looks into the yard—I did not hear anything in the yard—he came out of the yard and shut the door after him and stood beside the door, and I heard like knives tingling against each other, as if he was sharpening a knife on a steel or something; I heard that seven or eight times—he stood inside the kitchen all the time—I asked mother to give me some more tea, and as she was getting up to put some more water in the teapot and turned halfway round my father took two steps towards her and stabbed her with a knife, at least I don't know what it was—mother called out "Don't Thomas, you have stabbed me, look at the blood"—I went to run to him and he held his hand up as if to make" a stab at me, I nearly fell down and ran out of the shop into a neighbour's house—I could not see what was in his hand, I saw a blade or something glitter, but could not say what it was—I returned with a friend, I saw my father with the knife up in his hand, I could not see where my mother was—I took a basin off the counter and aimed it at him, he bobbed down and came to run out after me—the young man I brought in with me took me by the back and pushed me out of the shop and I ran away—I did not hear him say anything during all this time—I have seen him ill-treat my mother on other occasions—a fortnight before this he came in drunk and was going to knock her about with a poker and he threatened to knock her brains out—I don't remember any other occasion shortly before this, but all last summer there were several occasions—after I was pushed out of the shop by my friend I stepped across the road—I saw my mother out in the street and saw her speaking to a policeman—my father was in the shop at that time—I saw him go away with the policeman and my mother taken to the hospital.
Cross-examined. There were frequent disagreements between my father and mother—when he threatened my mother with the poker he went to make a strike at her, but I got hold of it—there was a good deal of bad language used occasionally, not on both sides—on this evening my father used some foul language—he became angry when my mother said he could not come there that evening—she said he had got a bad toe of his own—she did not say that in a provoking tone, she said it very quietly—he has got a bad toe, he has had the gout—he had spoken about the woman my sister went with as a fat woman with the small-pox, and it was then that my mother said "You have got a bad toe yourself"—that did not seem to aggravate him—I saw him when he was in the yard at the table—I did not hear or see any knives until he came back into the kitchen, I then heard what I thought was the sharpening of knives; I did not see any knives, he had his hands behind him and there was a steel behind him—it might be a minute or two from the time he came in from the yard till my mother called out.
Re-examined. It was while he was standing inside the kitchen door that he had his hands behind him, and then I heard the sound of sharpening a knife—there was a steel kept on a shelf behind where he was standing—my
mother did not use any foul or irritating language towards my father that afternoon; she never does use bad language—she did nothing to provoke him.
ROBERT HILL . I am a slipper maker, and live at 52, Snow's Fields—on the afternoon of 29th December, between 4 and 5 o'clock, I was indoors, the lad Lucas came running in a little excited—in consequence of what he said I went with him into the shop—I saw the prisoner standing in the yard door—I saw Thomas pick up a basin and aim it at him, he threw it at him, and he then made a rush at the boy with his hand up—I did not see any knife—I saw Mrs. Lucas behind the shop door, I did not see in what state she was—afterwards, when I went back, I saw her son take" his handkerchief off and put round her neck.
RUPERT CECIL CHICKEN , I live at 41, Grove Road, Denmark Hill—I am a surgeon—on 29th December I was house-surgeon at Guy's Hospital—I was called by the dresser to see Mrs. Lucas, I found she had two wounds, one on the side of the neck the other more behind—the one nearest the front. was an incised and punctured wound, that is the tissues had been cut at the: same time they had been pierced by an instrument—it was about an inch long—it was a dangerous wound under certain circumstances, and in a dangerous part—the force required to cause such a wound would not be considerable, still it required a certain amount of force—it would depend in a great measure on the sharpness of the instrument used—the second wound was cleanly cut—a sharp pointed knife would be very likely to have caused the wound in front, the other wound might be caused by any knife, without a sharp point—if the instrument had gone perpendicularly down it would have gone through the large blood-vessels of the neck instead of going beneath the skin only—a small artery was divided—she was under my treatment till the end of my house-surgeoncy, that was to the end of the year; it was then taken up by my successor—I saw her afterwards at the Police Court and examined her—the scars of the wounds were remaining on her neck, they were not completely healed, a process of healing was taking place called scabbing—there will be a loss of sensation over a part of the neck.
Cross-examined. If the carotid artery had been divided it would have been very dangerous—these wounds were not dangerous under proper treatment, as she had at the hospital—the wound dipped for about an inch beneath the skin—I did regard it as a dangerous wound, because the artery that was cut was at the bottom of the puncture and there was a very great difficulty in finding it, until we found it there was danger from bleeding; when we found it and stopped it the danger ceased; we torsed it, twisted it with peculiar forceps.
Re-examined. A patient suffering from a wound is always more liable to an attack of erysipelas than one who is not.
WILLIAM FRANCIS MORRIS . I am a printer, of 33, King Street, South-wark—I know the prisoner—on 23rd July he engaged me to print this bill offering 1l. reward for the dead body of Mrs. Lucas—I struck off twenty-five and delivered them to Strutt to take to the prisoner—I did not know at the time whether the woman was dead or alive.
WALTER STRUTT . I am an apprentice to the last witness—in July last I received a parcel of bills to take to the prisoner, I left them with a lad—I afterwards applied there for the money—I saw him and he said it was all right.
I was on duty in Snow's Fields, near the prosecutrix's shop—I heard a woman call out "I am stabbed"—I went across and saw Mrs. Lucas standing outside the shop door—she said she was stabbed—I asked where—she said in the neck—I looked and saw blood running down her neck—the prisoner was standing just outside the shop door—Mrs. Lucas said "I give that man into custody for stabbing me"—I took him to the station—on the way I asked what he had done it with—he said with a knife—I asked what induced him to do it—he said "Family quarrels"—I searched for a knife but was not able to find one—when first given in charge he made no reply.
Cross-examined. I am positive he used the words that he had done it with a knife.
GUILTY on Second Count —Twelve Years' Imprisonment.
ADJOURNED TO MONDAY, MARCH 1ST, 1875.