CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 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, March 1st, 1875, and following days,
BEFORE THE RIGHT HON. DAVID HENRY STONE, LORD MAYOR of the City of London; The Hon. JOHN WALTER HUDDDESTON, one of the Justices of Her Majesty's Court of Common Pleas; JOHN CARTER , Esq., F.A.S. and F.R.G.S., Sir THOMAS GABRIEL , Bart., and Sir THOMAS DAKIN , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNET , Q.C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN, Esq, and WILLIAM MCARTHUR , Esq., M.P., 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 FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 1st, 1875.
Before Mr. Common Serjeant. Tlie only case tried this day was that of Edmund Symes, for which, see Surrey cases.
NEW COURT.—Monday, March 1st, 1875.
Before Mr. Recorder.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
ROBERT SARGENT .I am assistant to a butcher at 5, King William Street—on 3rd January, about 5.30 the prisoner came in for 1 lb. of steak, which came told.—I saw the foreman serve him—he gave me a bad half-sovereign—I told him it was bad, and asked him where he got it—he said that two people had given it to him in the street—I gave him in charge with the coin—he had been there seven or eight days before and tendered a bad florin for 1/2 lb. of steak—I broke it and gave it back to him, and he said that he had not got any more money, and left the shop.
GEORGE BARNES (Policeman E 455) Mr. Sergeant called me and gave the prisoner into my custody, who said that some man gave him the half-sovereign to buy a pound of steak—I found on him 1s. 4d. in silver and 1 1/2 d.—this is the half-sovereign; it is bent.
Prisoner. In my opinion it is a good half-sovereign, and I wish to have it tried.
WILLIAM CHARLES GREEN . I am a tobacconist of 5, Market Street, Oxford-Street—on 16th September, 1874, Iservethe prisoner with 1/2 oz. of tobacco—he gave me a florin—I gave him the change, and he left—I then found that it was bad and gave chase—I found him in Castle Street with two other men, who ran away—I gave him in Phillips' custody with the bad florin.
a magistrate on the 17th, remanded till the 31st, and then discharge—I found on him three shillings, two sixpences, and 1s. 5 1/4 d. in brones, all good.
Prisoner's Defence. Two people sent me into the shop with the sovereign to get some steak, but I was never there before. It is not likely that I should go there twice.
He was further charged with a previous conviction of a like offence November, 1872, to which he
PLEADED GUILTY— Seven Years' Penal Servitude
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
GEORGE FREDERICK WEAR . I keep the Robin Hood in Shoe Lane—on 19th February, about 5.30, I served the prisoner with half a pint of porter 1d. worth of tobacco—he put down a florin, and I saw that it was had before I served him—I told him so, and he broke it, put the pieces in his pocket, and gave me two pence—the customers in the bar would not lot him go till he gave up the pieces—he was searched by an inspector, who found another bad florin on him, and I gave him in charge with the broken pieces.
FREDERICK CARTER (City Police Inspector). I was called to the Robin Hood, and found the prisoner there—I asked him how he became posseed of the bad florin—he made no reply—I searched him, and found in his pocket another bad florin, three good sixpences, and 1s—the land lorgrab me this broken florin.
He was further charged with a previous conviction of a like offence.
HERBERT REEVES . I am a warder of the House of Correction, clerking well—I was present here last July when the prisoner was convicted, and I identify him because he served his six months' in Cold Bath Fields—he is the person named John Moran in this certificate (produced)—I.
Prisoner. It is false. Witness. Here is your photograph (product)I saw you daily for six months—you only came out in January.
GUILTY**— Ten Years' Penal Servitude.
MESSRS. CRAUFURD and DE MICHELE conducted he Prosecution; and MR. MOODY defended Stanley.
JOHN DAVIES (City Detective). On 25th January, about 5.30, I saw the prisoners with a woman in Bishopsgate Street in conversation—I Hannigan into Crosby Hall, he asked the barmaid for a cigar, 'and I receive some change—he went out and joined Stanley and the woman who were standing behind a cart, they had a little conversation and I lost sight of them, but saw them again at the same place about 6.30—the women passed something to Hannigan, and he left them and went to Crosby Hall—I went in front of him, he called for a glass of wine and gave the barmaid a florin, she bent it and handed it to the proprietor, who told the prisoner
that it was bad—he asked for it back saying that he knew where he took it—it was given back to him and he paid with a good florin—I followed him—he joined the others and they went to the corner of Wormwood; street—I heard Hannigan say to Stanley "I tried it there and they tumbled) to it; I asked for it back again and told them I knew where I had taken it, and if they would give it to me back I would take it there. That is how I got out of it"—Stanley said "Give it to So-and-so" pointing to the woman I did not catch her name—Hannigan said "Oh, it is no use they have bent! it"—I followed them down Wormwood Street—they stood in the dark about half way down, for two or three minutes, and Stanley left them, and the woman and Hannigan went into New Broad Street—I caught hold of them, the woman had a parcel in her hand—Hannigan said "Let her go or else I will settle you you b----," he struck me a sharp blow on the shin, and Stanley came behind me and struck me a violent blow under my ear—I struggled with him for a quarter of any hour, and eventually they got the woman away from my custody—I stuck to Hannigan and took him to the station—Stanley followed with the woman down the churchyard—I called for assistance, and a gentleman attempted to assist me, but they prevented him—I left Hannigan at the station, came back, saw Stanley at the corner of Bishopsgate Street, and took him to the station; Hannigan gave a correct address; but Stanley refused his address—I received the bad florin from Miss Shepherd—while I was taking Hannigan I saw the woman take from her pocket something wrapped in newspaper, it was about the size of fourteen florins and this parcel containing fourteen florins, and a bad half-sovereign was. afterwards brought to the station by a boy—I found 1 found 1s. 9d. on Hannigan, an done florin, eight shillings, twenty-two sixpences, two fourpenny pieces, three three penny pieces, 2s. 7d. in copper, and a medal made of a crown piece on Stanley, all good.
Cross-examined by MR. MOODY. I was in plain clothes and on general duty—it is 200 or 300 yards from Crosby Hall to Wormwood Street—there was a crowd round when Hannigan struck me—he is smaller than I am, but I was struggling with the woman—I had to explain that I was a constable, and called for assistance—I found Stanley about twenty yards from the station.
ELLEN JANE SHEPHERD . I am barmaid at Crosby Hall—on 25th January about 5 o'clock, I served Hannigan with a 4d. cigar—I cannot tell what coin he gave, but I gave him change for it, and put it in the till—he afterwards came again, and I saw him in Miss Taylor's bar—in consequence of. some thing which was said to me. I looked in the till and found this bad florin (produced) which I gave to Davies—there were other florins in the till.
Cross-examined by Hannigan. The constable did not point you out to me, he asked me which was the man.
ANNIE CECILIA TAYLOR . I am a barmaid at Crosby Hall—on 26th. January, about 6.30, I served Hannigan with a glass of rum, he afterwards had some sherry and gave me a bad florin—I bent it and gave it to a waiter, I and saw him give it to Mr. Smith.
THOMAS SMITH . I am one of the proprietors of Crosby Hail—I received a bad florin from one of my waiters—I was standing at the bar and I told him it was bad—he said he was very sorry, but he knew where he get it, and if I would give it back to him he could get it exchanged—I gave it him, it was bent—he paid with a good florin and left., '
January, between 11 and 12 o'clock I was passing through Bishopsgate Churchyard and saw a dark glove in a corner near a wall—I trod on it and a florin fell out, I picked it all up and took it to 79, Bishopsgate street, I opened it and found in it thirteen florins packed in newspaper besides the one which fell out, and a broken half-sovereign—I marked them—these are them (produced).
REUBEN HYAMS . I am a dealer of 79, Bishopsgate Street With in—on 25th—on January I was in Broad Street, and saw the detective take the prisoner in custody—I saw the woman strike him behind his ear—there was a large crowd, and it was no use my taking any part in it—I followed and saw them taken through the churchyard—I saw Stanley and the women following the policeman and Hannigan.
Cross-examined by MR. MOODY. When my attention was first called the policeman had the two prisoners and the woman in custody—it was it was stanly who struck him.
Cross-examined by Hannigan. The boy does not belong to me my place is Bishopsgate Street Within.
Hannigan produced a written defence, stating that he never saw stanly until he was placed in the dock with him, that he knew nothing of the found in the churchyard, and did net know that the coins he uttered were bad.
GUILTY . They were both further charged with previous convictions of a like offence, Hannigan in April, 1866, at this Court, and Stanley in 1872, at Southampton, to which they both
PLEADED GUILTY—HANNIGAN**— Ten Years' Penal Servitude.
STANLEY— Seven Years' Penal Servitude
MR. CBAUFURD conducted the Prosecution.
Alexander Woodburn. I am landlord of the Coach and Horse John's Square, Clerkenwell, on 16th February, at a few minutes past twelve at night—I served the prisoner with a quartern of gin, which came to 4 1/2 d. he gave me a florin, I suspected it and put it" into a till where there was nothing but copper, and gave him a shilling, a sixpence, and some copper in change—I then examined it and passed it to a woman who bit and passed it back to me—the prisoner was still there—I called a policeman and gave him in custody with the florin—he tried to escape—he said that he did not know how he came by it.
WILLIAM WEST (Policeman 769). On 16th February at midnight Mr. Woodburn spoke to me. at his door, and the prisoner was hurrying out—I took him back into the house and asked him how he accounted for having the money he had passed there, and whether he had any more—he he said that he did not know, and put his hand into his trousers pocket and pulled out two good florins, three shillings, five sixpences, and 1s. 11d. in bronze and bad florin (produced) he said, "I don't know how I got that"—Mr. wood burn gave me this broken florin.
Witnesses for the Defence.
MAGSON. The prisoner is my wife's brother—my wife gave
a post-office order on the night he was taken in custody—I was not present—my wife is not here, but here is an acknowledgment from the post-office where the order was changed—I left the letter with the Magistrate which I received from the post-office, and the chief clerk said that he would for I ward it here—I was called as a witness at Bagnigge Wells, and gave evidence—we are in the receipt of a little private property, and we receive it quarterly—there were two post-office orders—the prisoner might have spent some of the money; he met me in Holborn coming home from work, and we had sundry pots of beer.
Cross-examined by MR. CRAUFURD. I have known the prisoner over twenty years—I do not know what he was doing in 1865, but I knew him as a lad, and have seen him once in two or three months, according to where he was at work. '.
JAMES FLOWERS . I was with the prisoner when he received a post-office order for 1l. 1s. 10d., on the day he was taken in custody, about 4.3—I remained with him, and we went to Hollen Hayes; he could not see the foreman, and was told to come next morning—he went to the Brown Bear and changed a sovereign; they gave him five florins, two half-crowns, and some other coins—we went home, and had a pint of beer or two on the road; we met Mr. Magson and were drinking till nearly 11.30, and soon afterwards the prisoner's brother-in-law left us, and I left the prisoner soon after.
Cross-examined. I left him at the corner of St. John's Road, Clerkenwell—I was not at the Coach Horses; I was at home and very nearly in bed by the time that happened—I do not know what other money the prisoner had on him when he got the order cashed.
Prisoner's Defence. I received that money as I did every three months, and got all manner of change—It is the first time I have been locked up—I. get my living by hard work.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
RICHARD CROOK HUGHES . I am counter clerk at the District Post Office, Charging Cross—on 26th January, between 2 and 3 o'clock, I sold the prisoner 3s. worth of postage stamps; he gave me a florin and a shilling, and left before I could examine the coins—I then found that he had given me a bad florin and covered it with a good shilling—I ran after him, overtook him in Trafalgar Square, and he stopped suddenly when I was behind him and said "What is the matter?"—I said "You must come back to the office and see"—he went back, and I told him he had given me a bad florin—he said "I was not aware of it; I should not have done it if I had known it"—he said that he came from Mr. Poole, of Great Smith Street, Westminster, a mason, and was going to their yard in" Berkeley Mews, Berkeley Square—he was detained while I went to Scot land Yard and brought back a constable—inquiries were then made about his address, which were not satisfactory, and he was given in custody about 5 p.m.
Cross-examined by the Prisoner. You were walking at an ordinary pace—I did not refuse to prosecute—you were taken to Scotland Yard, but I did not go with you.
who said that his name was Edward Collins, and that he lived at Redding's lodging-house and had worked at Mr. Poole's for seven months, and was on his way to their yard in Berkeley Mews with a message—he was at the detained at the post-office while I made inquiries at Great Smith Street and at Berkeley Mews, but could find no firm named Poole—I went back and took the prisoner to Scotland Yard, searched him, and found a shilling four sixpences, one 4d. piece, one 3d. piece, and 2s. 3d. in bronze.
Prisoner's Defence. I did not know it was bad.
He was further charged with having been convicted of larceny at Clerkenwell well, to which he
PLEADED GUILTY**— Twelve Months' Imprisonment.
Eighteen Months' Imprisonment.
OLD COURT.—Tuesday, March 2nd; 1875.
Before Mr. Common Serjeant.
197. HARRY BOXALL (36) , Stealing whilst employed in the police-office office a post letter containing a 5l. note and sixty postage stamps, the property of Her Majesty's Postmaster-General, and SAMPSON BOXALL (27) feloniously receiving the same.
HARRY BOXALL PLEADED GUILTY .
MR. METCALFE, Q.C., and MR. SLADE conducted the Prosecution.
CHARLES JAMES STEVENS . I am travelling officer attached to the missing Letter Department of the General Post Office—on Friday the 12th February I had occasion to make up a letter—I enclosed in it a 5l. Bank. of England note, No. 30, 635 D 9.9, dated 11th December, 1874, and sixty postage stamps, which I marked—I put them in an envelope, and address it to F. Ravens croft, Esq., Birkbeck Bank, Southampton Buildings, W.C I posted. it about 5. o'clock the same evening at the Western Central office in High Holborn—Harry Box all was employed at that office—the letter carrier would leave the office about 6 o'clock, and the letter would he delivered from 6.15 to 6.30 the same evening by a letter-carrier named Sinfield—I saw Harry Box all delivering letters that evening at Stone Buildings, Lincoln's Inn, Old and New Square, from 6 o'clock till about 7 or 7.15—I did not see Sampson meet him, but when I came through Old Square I saw him with Harry Box all—Sampson was carrying Harry's cape and bag, and he went round with him until the finish of his delivery—they went to several places, to a public-house in the Strand, and from there to Peabody Buildings, Westminster, and we left them there about 9 o'clock that evening—I instructed Rumbold to be at the Bank next morning about 9 o'clock—I went to 6, North Block, Peabody Buildings, next morning—I saw Harry Box all there about 2 o'clock in the day, and his wife—in a little box on the mantelpiece the constable Butler found one postage stamp—in consequence of what Harry Box all said I went to a small shop in Artillery Street, Westminster, and there found nineteen stamps, all bearing my private mark—the others had been sold during the morning Harry Box all was brought to the post-office by Butler, and there saw the
other prisoner—in answer-to a question, Harry said that he was his brother, and that he had given him the note to get cashed at the Bank of England—Sampson made the same remark, that Harry was his brother and that he had had the note from him.
EDWIN BUTLER . I am a police-constable attached to the post-office—on Friday evening the 12th February I was with Mr. Stevens in Lincoln's Inn, and saw Sampson with Harry while he was delivering his letters, carrying his bag and cape—I afterwards saw them go to Peabody Buildings—I saw them together next morning at 8 o'clock in Old Square, Lincoln's Inn, going their rounds; Sampson was carrying Harry's bag—they finished the delivery, and I followed them to the north block of Peabody's Buildings, Westminster; they got there shortly after 9 o'clock—I did not see Sampson come out—between 1 and 2 o'clock that day I accompanied Mr. Stevens to No. 6, and in a box on the mantelpiece I found one stamp, which Mr. Stevens identified—the other stamps Mr. Stevens obtained at a shop—Harry was taken to the post-office; Sampson was there—Harry said he was his brother and he had given him the note that morning about 10.30 to get cashed at the Bank of England—Sampson said he had received it from his brother to cash—Sampson has nothing to do with the post-office.
WILLIAM SENIOR DEAN . I am one of the cashiers in the issue department of the Bank of England—I was in the hall on 13th of February about 11 o'clock (I had previously received a communication from Rumbold)—I saw Sampson Box all in the hall, he was writing a name on a Bank of England note—I saw that it was the note that I had been spoken to about, and I said to him "Do you want gold for it?"—I invited him into the Secretary's office, Rumbold followed us—this is the note, it has on it "F. Hill, 20, Gee Street, Clerkenwell, E.C."
HENRY RUMBOLD —I am a police officer attached to the post-office—on Saturday 13th. February, I was in the hall at the Bank of England—I gave instructions to Mr. Dean, about 11 o'clock I followed him and Sampson Box all to the Secretary's office—Sampson was there asked if that was his note—he said "Yes," he was then asked if that was his name and address—he said. "Yes"—he was asked "Who did you get the note from?"he said "I received it in a letter yesterday"—I gave him a piece of paper and said "Write your name and profession and address"—he then wrote "F. Hill, carver, 20, Gee Street, Clerkenwell, E.C."—I then asked him to write the name of the person from whom he received it, and the time, and he wrote "Mr. Hart, High Street, Putney, 8 o'clock, Friday"—I asked him what time he received the letter—he said he did not know, he found the letter there when he got home—I then took him to the General Post Office—he was there asked if he knew any one named Box all—he said "No"—I said "If you don't belong to the post-office you must know somebody who does, to have got the note—he then said "I will tell you all about it, I found the letter containing the note, also another letter, in Chancery Lane, close to the Lord Radnor public-house last night; from 6.30 to 7 o'clock, both letters were sealed; I broke them open; the other contained a letter, I took them home and burnt both letters, and that is the note which I found in the letter which I presented at the Bank"—he said he did not know the address of either of letters—I was present in the afternoon when Harry Box all was brought in, he said that Sampson was his brother, and that he had given him the note—Sampson said "Yes, I received it from my brother'—be
afterwards gave his address 41, Portpool Lane, Gray's Inn Road, which I found was correct.
Sampson Box all in his defence staled that he received, the note from his brother to get cashed, but did not know how he had come by it; that he put on it the name his brother told him to put, and finding at the Bank that there was something wrong, he thought he had better slick to it.
SAMUEL BOXALL— Twelve Months' Imprisonment. HARRY BOXALL— Five Years' Penal Servitude.
198. HENRY BUSBY (14), PLEADED GUILTY to embezzling, secreting and destroying, whilst employed in the post-office, a post-letter, the properly of her Majesty's Postmaster-General. He received a good character, and Mr. Ruffles, poulterer of Atlantic Road, Brixton, promised to employ him. The Grand Jury had also made a presentment, recommending him to mercy on account of his youth and small salary (7s. a week)— Four Weeks' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
HENRY SMITH . I am manager to MRS. EMMA ANN PARKER, pawnbroker of Houndsditch—on the 12th February I heard the breaking of some glass I went outside and saw the prisoner—one large pane of the shop window was broken, and several articles of jewellery were strewed about—I wait to the police-station, and there the policeman showed me a watch which had been safe, in the window just before it was broken—I picked up the jewellery and put it back through the window, and when I looked up prisoner was standing outside and the policeman beside him—I could out see who broke the window, as there are curtains at the back of window.
HERBERT BACON (City Policeman 867). On the evening of the 12th February I was going home through Hounds ditch about 6.50—I heard the smashing of some glass, and I saw the prisoner against the shop window of the prosecutrix—he took something out of the broken glass; what it was I don't know—I went up to him and asked him what he had got in lise right hand pocket—he said there was nothing there for me to inter fore with—I took him to the station, searched him, and found this gold watch in the right hand pocket of his coat—it was identified by Smith.
By the Prisoner. I saw you take the watch out—I did not put the watch in your pocket.
Prisoner's Defence. I deny breaking the window and stealing the watch—I believe the constable put it in my pocket.
GUILTY — Twelve Months' Imprisonment.
MR. COOPER conducted the Prosecution.
JOHN ROOK . I am a corndealer, at 437, Liverpool Road—about 2.15 on the morning of 26th January I heard a dog bark—I looked out of the window, and saw a man walking along a wall—he went from one wall to another into the next garden—I shouted "Police!" and "Thieves!"and
I saw the man drop the bundle and run off—I and my wife searched the house and found the back door open, and we missed the several things described in the indictment—the things produced are my property, and are worth something like 25l.—they had been left in the front room firstfloor.
WILLIAM BROWNSON (Policeman Y 424). On the morning of the 26th January, about 2.15, I heard a cry of "Stop thief!"in consequence of which I sent a cabman round to a back yard—I examined the prosecutor's yard—I saw a pair of steps against the wall, and in the next garden I found the things which have been produced, on the ground—I picked them up and put them together—I heard a cry, and went to the cabman into Elington Street—when I got to the cabman I saw a man running—I ran after the man, and overtook him in about 200 yards—I am quite sure the man I first saw running was the man I overtook—the prisoner is the man—I said "What caused you to run away 1"—he said "I only did it for a lark; I hope you are not going to take any notice of it, as it is the first time"—I said "If you don't go quiet you will have to go otherwise"—he said "I will go quietly"—when I saw the prisoner first he was not 20 yards from the prosecutor's house—I did not see anybody else about.
Cross-examined by the Prisoner. I ran after you about 200 yards—I bad seen the cabman before I ran after you—you were not walking back when I came up to you—you asked me to let you go.
FREDERICK WOODS . I live at 14, St. George's Road—I was a cabman, but I am not now—about 2 o'clock on the morning of 26th January I heard a cry of police in the Liverpool Road, in consequence of which I ran up to top of the road into Union Road, and there I saw a constable, and he sent me round by the back, and I saw a man drop over a wall about thirty or forty yards from the prosecutor's premises—I laid hold of the man, it was the prisoner—he said "I have done nothing; what have I done"—I said "If you have done nothing come on back"—I brought him back to the corner of the street, and no sooner had I taken my hands off than he started running down Union Road—my holloaing and shouting brought the policeman, he ran quicker than me and got before me—I could not catch the prisoner—T saw him brought back and I said "That is the man, bring him back"
By the Prisoner. I don't. remember saying "What are you doing over that wall"—at the corner of the road I said "If you are innocent you will stand there," and when I took my hands off you ran away—you ran about 150 yards before you were stopped—the constable stopped you in Union Road—I had a little dog which was close on your heels, and that and me shouting to the dog to stop you, caused the other constable to come out and catch you.
MARTHA ROOK . I am the wife of John Rook—on the night before this property was stolen I fastened the bolt of the back door between 11.30 and 12 o'clock—when I came down in the morning the back door was open—the window had no fastening on, but when we went to bed it was down very tight, and in the morning it went very loose.
THOMAS HUGHES (Police Sergeant y 6). I examined the premises the morning after the robbery—I saw the prisoner in Brownson's custody the night before—there are about eight or ten houses between Mr. Rook's house and the street, and the wall is about eight feet high.
Prisoner's Defence, I am charged with a crime I am entirely innocent of
—I was returning home and heard the cries myself; I thought over the wall—I "was catching hold of the wall as the cabman came round the corner—I was looking to see what was up—I naturally ran away when the cabemen said "Hold the b----" knowing I was innocent.
GUILTY *— Eighteen Months' Imprisonment.
MR. HORRY conducted the Prosecution.
ALFERD CLAPHAM . I live at Waltham Cross—on 7th February, between 11 and 12 o'clock I was in Petticoat Lane—I was tying up a bundle and felt something at my side—I turned round and saw the prisoner draw his hand from my pocket—I missed my purse containing 1l. 4s. 4 1/4 d.—the prisoner ran away and I made after him—a constable caught him—I did not lose sight of him at all—this is my purse (produced).
By the Prisoner. I distinctly saw you at the time I missed my purse—you moved and I turned after you—the policeman soon stopped you; you did not run far—I can swear to you from a thousand because I saw you draw your hand from my pocket, and I never lost sight of you.
JAMES SPENCER . I live at 8, Stagger's Buildings, Southwark bridge Road—I was in Petticoat Lane between 11 and 12 o'clock on the 7th' February—the prisoner passed me running, and he nearly knocked me over—I saw the prosecutor following—a constable brought the prisoner back to near a cloth stall—he threw the purse on the ground under the stall—I saw Mrs. Cohen pick it up—this looks like purse she picked up.
REBECCA COHEN . I live at 7, Duke Street, Aldersgate, and have a still at the Cloth Exchange, in Petticoat Lane—on 7th February, between 11 and 12 o'clock, I saw the constable pass with the prisoner—there was a crowd—I picked up this purse—Spencer stooped to pick it up, but I got first—it was down by my feet—I gave it to the constable.
WILLIAM MINORS (City Policeman 797). On 7th February, between 11 and 12 o'clock, the prisoner ran past me at the top of Cutter Street, followed by the prosecutor—I took him—Mrs. Cohen gave me a purse, which was identified by the prosecutor.
By the Prisoner. I followed you close, and caught you in the Clothes Exchange—I could not see whether you dropped anything or not.
Prisoner's Defence. I am not guilty; if I was I would own it. GUILTY
He also PLEADED GUILTY to having been before convicted on the 3rd February 1873**— Seven Years' Penal Servitude.
MR. GOODMAN conducted the Prosecution.
WILLIAM TUBMAN (Policeman Y 213). About 5 o'clock on the morning of 9th February I was close by the entrance of Horse and Groom yard, Curtain Road, Shoreditch—I went down the yard, seeing a barrow standing at the top of the yard—I saw the prisoner coming from Mr. Cotton's stable with a horse collar, a cab cushion, and a sack on his arm—when he saw me he threw the things down, went back into the stable, and laid down in the corner—I followed him in—he was lying in a corner, making out that he was asleep—he had his eyes shut—I had not much difficulty in arousing him—I asked him what brought him there, and he said he was going to
Great Eastern Railway to look for work, and he went there to have a sleep.
WILLIAM CHARLES BLAGROVE . I am a cab driver in the employ of Mr. John Cotton—on the 8th February I had been on long day duty, and had put my cab up about 2 o'clock in the morning—I put the cushion belonging to the cab on the top of the rack—I had to climb up to put it there—the horse collar I hung up in the stable, and also the sack—I had had the sack out to cover the horse over with—these are the things (produced)—they belong to Mr. Cotton—the prisoner had no right to take them.
Prisoner's Statement before the Magistrate: "I went down there to look for work and saw no one, and sat down in the stable, and the policeman came and said I wanted to rob the place."
GUILTY — Twelve Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution; and MR. MONTSGU WILLIAMS
SARAH QUIN . I live at North Street, Stepney—about 9.30 on 31st January I was with Emma English in Baker's Row, Whitechapel—we met the prisoner—I knew him well—he asked me to go and have some drink with him, and I and English and the prisoner went to a beer-house together—we had some drink—the prisoner seemed as if he had had a lotto drink—he seemed the worse for liquor when he met us—we came out, and he asked me where I was going to—I said I was going to Emma English's sister's—he said "You shan't go"—I said "Why?"and he made a job in my arm with a knife—I saw the point of the knife—I did not see the handle—I felt the knife go in my arm—it just cut it—it did not hurt me much—I told him he had more control over me than my own father, and with that he made a blow at me with his fist, but did not strike me—I ran across the road and he followed—I stopped, and asked him to have a glass of ale—he did not make any' answer, and as we were going along towards the public-house he stuck the knife in my hip—he was behind me—I did not see the knife—I felt it go in—I said to a young man "Would you be so kind as to pull the knife out?"and he tried to pull it out and could not—the prisoner said "I can put it in, and I can pull it out and stick it into her again," and when he pulled it out I fell senseless in the young chap's arms—I was taken to the hospital, and was there a fortnight—I feel the place now, because it keeps on gathering.
Cross-examined. I have known the prisoner six years altogether—I kept company with him for eighteen months before he went to America—he always professed himself to be very fond of me—he was considerably the worse for drink—I asked him to have a glass of ale to try and get him away, and I thought it would cool his temper, as he was in such a passion—he was always jealous of me—I don't believe he meant seriously to hurt me.
MR. WILLIAMS here stated that he could not resist a verdict of unlawfully wounding.
GUILTY of unlawfully wounding — Six Months' Imprisonment.
MR. THORNE COLE conducted the Prosecution.
RICHARD RYAN . I live at 22, Queen Street, Tower Hill, and was a labourer—yesterday morning, past 1 o'clock, I was coming home—the prisoner stopped me in Cable Street, and asked me to go home with her—I refused—she followed me, and got pulling me about; put her hand in my left trowsers' pocket, where I had a 2s. piece in my hand—I took out my hand to push her away, and then missed the 2s. piece—I had a sixpence and some coppers in my right hand trowsers'*pocket—I did not miss those—I found that my handkerchief was gone from my breast pocket, and a piece of tobacco—I told her she was a clever party is take my thing in that way, without my feeling her—she said "Feel your pockets, I did not take it"—she sat down three or four times against the wall, and wanted to get away—I would not leave her till I saw a constable and gave her in charge—I was sober.
Prisoner. He gave me the money to treat myself to a glass, as was a it cold night, and he lent me the handkerchief to wipe my eye. whiteness That is not true.
THOMAS CUNNINGHAM (Policeman 238). I took the prisoner cutody about 2 o'clock yesterday morning—the prosecutor accused her of stealing a 2s. piece from his pocket, a handkerchief, and a small portice of tobacco—she said that he had given her 3d. to go with her—he denial it.
ELIZA HUTOHINSON .I am female searcher at the Leman Street statice I searched the prisoner—she drew this handkerchief from under her shawl and threw it under the seat, and after some restraint I took this it piece and two penny pieces from her left hand, 6d. from her pocket a purse containing 1s. 3 1/2 d., and fourteen duplicates.
Richard Ryan (re-examined). This handkerchief is mine.
She also PLEADED GUILTY to a previous conviction for a like offer at Clerkenwell, in March, 1873— Six Months' Imprisonment.
207. JAMES WALLIS (21) , to stealing two watches of Ellen Singers, in her dwelling-house. He was also charged with having been before convicted of felony at Cardiff, in August, 1874 To this he PLEADED NOT GUILTY, but Frederick Hobbs, clerk to the County Gaol, Cardiff, produced the certificate of conviction and identified the Prisoner as the person; upon which the Jury found him to be the same person— Twelve Months' Imprisoment . [Pleaded guilty: See original trial image.]
208. GEORGE WILLIAM CLARK (45) , Feloniously wounding Susan Clark, with intent to do grievous bodily harm. The prisoner stating, that he was GUILTY of the unlawful wounding, the Jury found that verdict Nine Months' Imprisonment.
NEW COURT. Tuesday, March 2nd, 1875.
Before Robert Malcolm Kerr, Esq.
209. WILLIAM CHARLES ASHLEY (29), PLEADED GUILTY to feloniously forging and uttering an order for the payment of 6l.15s. 6d. with intent to defraud, also to embezzling in May, 1871, the sums of 20l.9s. 6d., 24l.and 14l. 3s. 6d. of Henry Wigan his master, who recommended him to mercy— Twelve Month Imprisonment.
210. JOHN MACHIN (20) , to lawfully obtaining by false pretences two dead pigs, the goods of Francis Broom, also to stealing six dead pigs, the goods of Thomas Barter, after a previous conviction of felony at Clerkenwell— Eighteen Months' Imprisonment. And [Pleaded guilty: See original trial image.]
FREDERICK DOWNES (City Detective. On 19th February, about 4.45 I Was with Halse and West, two detectives in Cheap side, and saw the prisoner there with Williams)—(See next case)—they went down Gutter Lane, where Williams took something from his pocket and gave to the prisoner—they both went to the Horns public-house, and from there to Angel Street, St. Martin's Le Grand, where they had a conversation, and the prisoner went into a public-house and came out and joined Williams—they went on to the Lord Raglan, where Williams went in and they came out and joined the prisoner, and they went to the Parr's Head where Williams went in—he came out, joined the prisoner, and they met another man and all three went to the Old Bailey, where Williams took something from his pocket and gave it to the prisoner, who went into the Pitt's Head—she came out again and joined Williams, and they went under the railway arches down Fleet Lane, and then to Fleet Street, where I caught hold of the prisoner and said "Give me what you Have got in your hand"—she said "What I have got is my own"—I said "Yes, I suppose it is"—I took a florin from her hand and she said I got that from a gentleman about 3 o'clock this afternoon"—I said "I. suppose that is the gentleman," pointing to Williams—she said "No, no;. he is a perfect stranger to me"—I am quite certain I had seen them together all that time.
Cross-examined. I did not see them stop with a man selling chestnuts before they got to the Old Bailey—there are chestnut sellers in nearly every street in the city.
MARY ANN BENSON . I manage the Pitt's Head, Old Bailey—on 19th February, about 4 o'clock, I served the prisoner with 2d. worth going—she gave me a bad florin, and I asked her how she came by it—she said that the coal boy gave it to her—I returned it to her, and she gave me a penny.
NOT GUILTY .
MR. DE MICHELE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
FREDERICK DOWNS repeated his former evidence, and added: I did not see either of the prisoners in conversation with a woman celling chestnuts—when Webster was detained at the Pitt's Head, Williams came and pushed the door open and looked in—Webster then came out and I then followed them to Fleet Lane.
Cross-examined. This was the same transaction and the same coin as the Jury have acquitted Webster upon.
DANIEL HAISE and William Webster repeated their former evidence and MR. DE MICHELE having summed up the evidence to the Jury, and there by concluded his case, MR. M. WILLIAMS contended that as the barmaid had not been called the case was not proved, and the Court, being of the same opinions directed a verdict of
MR. DE MICHELE conducted the Prosecution; and MR. A.B. KELLY the Defence,
SELINA SMITH . I am the wife of John Smith, who keeps the Breway Tap, Queen Street, Haggerstone—on 13th February, between 10 and 11 o'clock, I served the prisoner with half a pint of half-and-half—she tendered a sixpence—I gave her the change, and she left—I laid the sixpence on the shelf and subsequently found that it was bad, and put it under an mend on the shelf—I afterwards gave it to a police sergeant—on 14th February the prisoner came again for half a pint of half-and-half and gave me a bad sixpence—I said to my husband "Here you are, John, I have got another bad sixpence, and here is the woman"—she said "Don't lockout up, because I have a little baby"—I gave her in charge with the sixpence.
Cross-examined. I have a till but I did not put the sixpence into it, as my oath—I put it on a shelf to give it to the prisoner when I saw her again—I did not serve on the 14 th—I told her on the Saturday that sunday would be my daughter's birthday, and she would be home—she and wanted to draw my attention—I did not say to her on Sunday "Yes are my valentine, this is my daughter's birthday, "I was top busy, and I am sure I should not have talked to her on Sunday—I swear that I did not I serve her or see her on Sunday, the 14th.
MARY FOX . I am barmaid at 296, Kingsland Eoad—on Thursday, 11th February, between 10 and 11 o'clock, I served the prisoner with a pint of half-and-half—she tendered a bad sixpence—I bit it and gave it back to her—somebody else came in and paid me—I had seen her before.
Cross-examined. When I gave it back to her she said "Oh, my god where did I get it."
WILLIAM CLARK (Policeman N 26). On 16th February I was called to the Brewery Tap, and the prisoner was given into my custody—I received these two sixpences from Selina Smith—three shillings were found on the prisoner.
GUILTY . She was further charged with a former conviction, in 1870.
GUILTY— Two Years' Imprisonment.
MR. SIMS conducted the Prosecution.
HENRY JAMES PENNISTON (City Detective). On 10th February, about 1.30, I was at the corner of London Wall with Berry, and saw the two prisoners talking—Your went into a public-house, and came out and gave something to Pendle—they walked on, and afterwards he went into the Old White Horse, and I went into another bar—he called for a glass of stout
gave a shilling, and went out, leaving the stout on. the counter—he joined Pendle, and I went to the corner of Bloomfield Street—You are went to the City Arms and called for a glass of stout—he said to a working man by him "I don't care for that stout," and went out—I seized You are outside, and Berryseized Pendle—the barmaid gave me this bad shilling produced, and I found this other bad shilling—I took them to the station—Pendle said "You ought to have taken the other man"—I saw no third man, and I watched them for half an hour—I went to the other public-house which I had visited, and received a bad shilling from Mr. Howe's son, and another from Mr. Higgs.
Pendle. There was a man with us who was trying to entice us away—he met us in Smithfield Market, and gave us some meat—he left us, and the officers took us.
ALFRED BERRY (City Detective). I was with Penniston, and took Pendle—we had followed them for half an hour, and saw them go into the three public-houses named—no other man was with them, nor did they communicate with any third party—I saw Pendle throw a shilling into the road—I searched them at the station, and found on You are four-good shillings and two postage stamps, and on Pendle seven shillings, thirty-nine sixpences, three fourpenny pieces, two two penny pieces, and nine shillings and ten pence in bronze, all good, a mutton chop and a beefsteak, and—the piece of paper, with pencil marks on it (produced).
Pendle. I had been saving the money up—I am a fish' porter in Billingsgate.
KATE WRIGHT . I am a barmaid at the City Arms, Bloomfield Street—on 10th February I served Your with a' glass of stout—he gave me a shilling, which I put in the till—I afterwards saw Penniston, and in conesquence of what he said, I looked in the till—there was only one dulling there, and that was bad; all the rest were sixpences—I gave it to Penniston.
HARCENT ROWE . My father keeps the Old White Horse, London Wall—on 10th February, about 2 o'clock, Penniston came in, and shortly after he left, I found a glass of stout in the adjoining bar I cannot say that I had seen either of the prisoners there—Penniston came in a second time, and I looked in the till and found a bad shilling—the bar had been closed a short time previously, and there were only two or three shillings there.
GUILTY — Eighteen Months' Imprisonment each .
MESSRS. SIMS and F. SAFFOR conducted the Prosecution; and MR. MOODY defended Cornell and Watson.
WILLIAM INWOOD (City Detective) On 8th February, about 12o'clock, I was in Gracechurch Street and saw the three prisoners and another man in conversation—Cornell, and the man not in custody, then crossed over through the traffic, which was so great that I lost sight of them—this was opposite a chemist's shop, No. 78—Symes and Watson moved on and waited some time, and the other two came back and joined them, and they went to the bottom of Lombard Street—Cornell and the other man parted from the other two and went to the corner of the Bank—the other went to the
corner of Broad Street—the man not in custody went to Ellis's, the bakers, 55, Thread needle Street, took a tart, and tendered a florin; the young am took it, detected it, and gave it back to him, and he gave him a penny—Cornell was outside; he could see what I saw—the man came out hurtfully as he saw me; Cornell joined him, and they ran down Bartholomew law into Lothbury, and to the corner of Moorgate Street, where cornell was Come taken by a uniform man, and the other got away—I went back to the Bank, and with another constable's assistance, took Symes and Syme sand watch was searched at the station, and a tablet of soap, a stick of sealing wax, and two pence was found on him, and on Cornell four good shilling's sixpence, a fourpenny piece, sixpence in copper, and two shillings and eight pence in postage stamps—I was present when Watson handed to Brabeens paper containing eight bad florins, all bearing the same date.
Cross-examined. I did not see anybody go into the chemist's shop the traffic intervened—the police-station is at Bow Lane, close to the House, and after taking Cornell there I saw Watson near the Bank, I had left him.
Re-examined. I was in. private clothes—I did not take Cornell; within sight of Symes and Watson as I took him to the station—I was away over or eight minutes.
JOSEPH BRABNER City Policeman 105 I am also acting sergeant—as 8th February I took Watson in front of the Bank; Mr. Ward had called my attention to him—he said "Until last Wednesday I was at work had the others have brought me to this, and what I have got in my pocket they gave me to hold"—when he got to the station he drew a parcel from his trowsers' pocket, containing eight bad florins, all wrapped in paper saying, "This is what they gave to hold"—Cornell and Symes were Present when the charge was being made—I found 13 1/2 d. on Watson.
THOMAS BREBETON . I am assistant to Mr. Howden, of 78, Gracechurch Street—on 8th February I sold a similar piece of soap to this to. a whom I do not remember—he gave me a florin, which I put in the gill and did not notice that it was bad—the police inspector afterwards being and said something to me—I found this florin produced) in the till—I marked it and gave it to him.
GERTRUDE REYNOLDS . I am assistant to Fisher Ellis, bakers, of 55 Thread needle Street—I do not know the prisoner—I remember a man buying a tart, he gave me a bad florin; I gave it back to him, and he gave me a penny and left.
SYMES DEFENCE .I met these chaps and went with them to Leadenhall Market, and when we came out we met them again, and the other cheap was packing up a piece of scented soap. I said "What are you goin; to do with that?" He said "Throw it away." I said "You may as well give it to me," and he did so, and a stick of sealing-wax as well. They said "We shall be back in a minute. "I waited ten minutes, and was going home when the detective took me.
GUILTY — Eighteen Months' Imprisonment each.
THOMAS LOVEJOY (Policeman-B 216) On the night of 13th February I was called to 8, Grey Coat Street, Westminster, and saw Norah Conden in the passage, bleeding from a wound' on her head—she was sober—the prisoner was there; he appeared to hare recovered from the effects of I drink—Mrs. Laurence was also there—a man named Lovelace gave me this poker.
Cross-examined. I know the prisoner by sight, and I have made quiries about him; I find he is a well-conducted man—the prosecutrix is a hard-working woman, she is a laundress—the prisoner was also bleeding, and a broken lamp was lying at the foot of the stairs, which are pretty steep—it has a small narrow staircase, and this was behind the door—the prosecutrix was at the Police Court on the first examination, but she was sent back again as she was too ill to. remain—she was not too drunk to give evidence.
Re-examined. She was under the care of the hospital authorities.
EMMA LAURENCE .I am the wife of John Laurence—we keep the house, 8, Grey Coat Street, Westminster—the prisoner lodged there with a woman: for five weeks—on Saturday, 13th. February, he was very tipsy in the afternoon and evening—there had been a row in the house and fighting, but it was quieted before 11.30—another woman was there—the prisoner was turned out of the house into the street—the woman he lives with was very tipsy, and had a short pipe in her mouth—he called her Rosie, and she represented herself as his wife—Norah Conden came in at 11.30, and after she had been there some minutes the prisoner came downstairs, and the man and the two women all fell down together—the prisoner had not a lamp in his hand, he had taken it previously—there was no light in the passage, but my parlour door was open and I had a light—as the prisoner came downstairs he said "I will settle you you old b----," and he knocked her down—Lovelace was sitting in my parlour, he will be my future son-in-law—he had just seen my daughter back to the "station, he took the poker from the prisoner and I called a policeman."
Cross-examined. Norah was standing at my parlour door, she did not go up the staircase—she did not speak to him on my oath—she did not blow out his light that I am aware of, or push him or say a word to him—she was away from 7.45 till 11.30.
WILLIAM LOVELACE . I live at 28, Wellington Street, and am to be Mrs. Laurence's son-in-law—on Saturday, 13th February, I went to the house about 11.30, Norah Conden had just come in—a row was beginning up stairs, and Norah Conden was at Mrs. Laurence's door speaking to her—I was sitting by the fire and could see all that went on—the prisoner and the lady upstairs came down with a lamp—Mrs. Conden blew his light out and said "You will have the house on fire"—he struck her a blow—he was drunk and the woman who was with him the same, but I did not see that she was smoking a short pipe—Norah Conden was sober, and so were Mrs. Laurence and myself—I took the poker away.
Cross-examined. The staircase was quite dark—the people or all relatives.
NORAH CONDEN . I am the wife of John Conden, of 8, Grey Coat Street, Westminster—on the night of 13th February I came home about 11.30 and was talking to Mrs. Laurence at her parlour door—I never saw the prisoner till he struck me down—I did not blow out his light—I was taken to the Police-station and on Sunday morning to the hospital—I was at the Police
Court the next day, but I had to go home and lie down—I was not drunk I was under the care of the hospital authorities.
Cross-examined. I could not go to work—I went to the hospital on Monday, Tuesday, and Wednesday—I was never in Court before except at the police court—I was charged with being drunk and disorderly and fond but that is a good while ago.
WILLIAM CHARLES DAVIS . I was house-surgeon at Westminster hospital—I examined Norah Conden there on 14th February—she was very much exhausted from loss of blood from a wound on her head 1 1/4 inch long and a 1/4 inch deep, and exposing the bone, such a wound as might be made by a poker—she was afterwards attended by the hospital surgeon—she was in a very weak state, and could not go to work for some days—she was still very weak last week when I examined her.
Cross-examined. The appearance of the wound was not consistent with it being done by a sharp instrument; that would have made an incised wound—it could not have been caused by a fall on broken glass; that would have made a clean cut wound not a jagged wound, unless the glass was jagged at the edge.
The Prisoner's statement before the Magistrate:—"I was struck by them before I made an attempt to strike at all; they were all tipsy in the house landlady and all."
GUILTY of unlawfully wounding — Six Months' Imprisonment.
MR. MOODY conducted the Prosecution; and MR. SIMMS the Defence.
THOMAS CHAPMAN . I am a basket-maker, of High Street, Romford—on 4th February, I had taken too much drink, and was in Whitechapel—I was knocked down about 12 o'clock at night, and lost a silver watch, a gold chain, about fourteen shillings in silver, and my hat—I saw the prisons next morning, but cannot say whether he was one of the persons—this is my watch (produced)—I have not seen my chain, hat, or money since.
Cross-examined. I was able to walk—I had fell en before, but a person had assisted me up—I was not thoroughly intoxicated.
CHARLES PAYNE . I saw Chapman in Whitechapel Road stupidly drunk and sitting on the kerb—I tried to help him up, and two young chaps liften him up, and told me that they would see him righted—the prisoner is one of them—I left him with them, and watched them, thinking they were one to no good—they walked 2 or 3 yards, knocked him down, got what they the wanted out of his pockets, and then left him—I called policeman 210, who chased them, but fell against the kerb, and hallooed "Stop thief!"—they ran as fast as they could up Mary Street, and I joined, and saw the prisoner taken—I fell down, and lost sight of him, but I got up again say and him caught by Policeman 176.
Cross-examined. They lifted him up and tried to make him walk—they each had one of his arms—he did not slip down; they threw him down.
CHARLES HOLBROOK (Policeman H 176). I heard cries of "Stop thief!" and saw the prisoner running—I followed him—he ran as if he was quite sobar—on the way to the station he put his left hand in his pocket—I asked him. what he had got—he said "Nothing"—I opened his hand and found this watch in it—I said "That will do for me," and put it in my pocket
he said "You need not lock me up, I had the watch given to me"—he afterwards said "I picked the watch up; another man was going to pick it up, and I picked it up"—I met the prosecutor—he was being helped to the station.
The Prisoner's Statement before the Magistrate:—"I was coming from the Britannia last night, about 1.30, and saw the prosecutor sitting on the kerb opposite the Royal Oak, in Whitechapel Road, and I saw Payne and and another man and a little girl standing over him; the, other man said to Payne 'Take him home, he is with you,' and Payne said. 'No, you take him home.' They got him up and took him along, and I happened to stoop down and saw his watch lying by the kerb, and I picked it up and put it in my pocket Just as I went to pick it up, some other chap made a rush at it, and I put it in my pocket; he followed me about: then Payne left him and said to me, 'Take him across the road, he wants to go to New Road.' I put him across the road and left him, and went back again, and this here man followed me about I heard cries of 'Stop thief!' and ran, seeing a policeman, I having the. watch, and I took the watch in my hand. It is true the policeman asked me what I had got there. I said 'Nothing,' and he put his hand in my pocket and took the watch out. I have no witnesses. There was nobody round there."
PLEADED GUILTY**— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, March 3rd, 1875.
Before Mr. Justice Huddleston.
MR. F. SAFFORD, for the Prosecution, offered no evidence on the inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
MESSRS. POLAND and MEAD conducted the Prosecution.
MARIA WOOD . I am. a widow, residing at 2, Franklin Street, Kentish Town—on Saturday night, 30th January, at about 9 o'clock, I went out—on one side of Franklin Street there is a wall dividing a garden from the street—as I passed along I heard the cry of a child—I went into a shop for a moment, and when I returned I heard the cries again—I stopped—while I was standing I saw James Hazeley coming along—I called his attention to the cry of the child—I had been looking over the wall, but I could see nothing; it was dark—I pulled myself on the wall to see if there was a child there, and I saw it—I could see nothing at first, the wall was too. high—I leant on the wall and could see the child; it was lying in a sort of ditch or drain, which had-been dug to dram the ground, I presume—the ditch was close to the wall, close along the side of the wall on the waste ground side—there was rough bricks and odd rubbish of different kinds lying about that had been thrown over—Hazeley got over the wall and gave me the child over the wall—it had on a stuff frock and petticoats, small spring side boots and socks—there was nothing on its. head—I did not at first notice its neck, but when I had it in my arms my attention was
drawn to a handkerchief round its neck, from rather a peculiar expression on its face—I did not undo the handkerchief, one of the persons did—Mr. Welch came up, and we took the child to the police station.
JAMES HAZELEY . I am a porter in the service of the Midland Railway Company, and live at 8, Crown Terrace, Kentish Town—on Saturday night 30th January, about 9 o'clock, I was passing along Franklin Street—I Mrs. Wood—she said she heard a child crying over the wall—I listened and heard a child cry—the cries came from the other side of the wall—I went over the wall and picked it up—the wall is about 4 feet high on the road side, and about 6 feet on the other side; it is a garden spot—I found the child lying as close to the wall as it could lie, on very coarse pieces of bricks—I lifted it over the wall to Mrs. Wood; she took it from me over the other side, and I then got back over the wall—I did not notice any thing about the child before I came back over the wall;—I then noticed at handkerchief round its neck; it was tied very tight, with a knot on and side of the neck—I could not be certain which side it was—Mrs. weleb loosened the handkerchief.
By THE COURT. The weather was dry then; it was not raining, it was rather cold.
ALICE WELCH . I am the wife of James Welch, a French polisher, of by I Franklin Street—at about 9 o'clock on Saturday night, 30th January, I was walking through Franklin Street—I saw the two last witnesses—Hazele was over the wall just lifting the child over—Mrs. Wood was on the foot path side—I saw the handkerchief round the child's neck, and I untied' it" it was tied with one knot on the foot left hand side, tight, like that (describing not. a double knot, a single knot; it was a linen handkerchief, and very old a smallish one—the face of the child was very much swollen, and its eyes were swollen, I thought, from the tightness of the handkerchief being round the throat—it was a very cold night—we took it to the police station; we got there at 9.15—I afterwards went with it to the workhouse—I did not notice the mark on the neck till I got to the station, and Rawlins examined it—nothing was done to the child till I gave it to doctor—it was in my charge from the time I took off the handkerchief til I gave it to the doctor—it was the same child that I saw at the police court.
PETER RAWLINS , M.D. I live at 45, High gate Road—on Saturday night the 30th January I was sent for to the police-station, Kentish Town—I got there about 9.20—I there saw a female child about eight months old—it was very cold, its lips blue, its feet blue, tongue blue, its face much swollen, eyes starting from its head, black spots all over its face, two graze on its head, one on the back and one on the front, a blue mark over the nose; there was a red mark right round the middle of the neck—the hand kerchief was round the neck, when I got to the station; it was not tied at that time, it was loosely round—in my opinion strangulation would account for the appearance of the face and eyes; the condition of the face was due. to strangulation—the grazes were such as might be caused by a fall on the head—the child appeared to have been well nourished—it was a very cold night—if the child had been left exposed to the weather during the night, in my judgment it would have been dead before morning—I had charge of the child about half an hour, not more; I forwarded it on to the work-house, so that it might be attended to there.
BY THE COURT ; I attribute the black spots on the face to the escape of
blood interfering with the circulation.: it is one of the particular marks of strangulation—the red mark on the neck was not a livid mark, it was merely red; I could not say more than that—there was no abrasion of the skin or anything of that sort.
JANE REEVES . The graze on the forehead was done when it was with me; it fell out of the cradle—the place on the nose it was born with. Witness. That might have been, but it was" more likely to be caused by the same cause; it was much more likely to be from the interference with the circulation—it was a large blue swelling over the nose.
JOSEPH HILL . I am medical officer of St. Pancreas Workhouse—on Saturday night the 30th January, about 11 o'clock I examined the child shortly after its admission; I did not see the person who brought it—it was suffering from the effects of cold; the limbs were cold, and it had a bruise on the back of the head, a bruise on the forehead, and a distinct mark of a ligature round the neck—there was a blue mark on the bridge of the nose, the eyes also were slightly blackened and swollen; the mark on the nose was simply a slight abrasion—the abrasions on the forehead and back of the head appeared to have been done at the same time—I have heard the circumstances under which the child was' found—the fact of its having been thrown over the wall would be a very likely cause for those abrasions—the mark round the neck lasted three or four days—I treated the child during that time—it was in danger for some days; it had considerable irritation of the brain, was slightly convulsed, and also had a slight cough—it was a cold night—if the child had been allowed to remain out all night I believe it would have proved fatal to it in a few hours—it was fairly out' of danger at the end of four or five days, but—it has never entirely recovered its health; it is still suffering from the exposure—I account for the irritation of the brain by the fall on the' head, and to a-certain extent increased* by the effect of the strangulation—I have no doubt, apart from these injuries, the child was very fairly nourished; it appeared" to have been a healthy child—it was between eight and nine months old.
BY THE JURY. I should say the handkerchief bad been tied round the neck for some considerable time, from the fact that the mark remained three or four days—by some considerable time I mean a quarter of an hour or twenty minutes, the compression must have lasted that time—when it had been done I could not say.
WILLIAM LUSCOMB (Police Inspector y). On Saturday night, 30th January I was on duty at the Kentish Town Police Station, when the child was' brought in by Mrs. Welch and the others, that was at 9.15—the station is about half a mile from the wall—I at once sent for Dr. Rawlins and had the child attended to, and afterwards taken to the workhouse—that same night I went to 7, Harmood Street with Inspector Harris and a constable—it is about a mile from the station—I there saw Mrs. Andrews and the prisoner Jane Reeves—they were both present when I spoke to them—I was in uniform—I said "Has any child been taken away from here this evening?"—I can hardly say who replied, I think it was Jane Reeves, but one of them said "No"—I asked who was the landlord of the house, Mrs. Andrews said "There is none"—I said "Who is the landlady?"—she said I am "I then asked her what children there were in the house—a Mrs. Jones who lodged there said "I have two upstairs"—Jane Reeves said "I have mine that is here"—and Mrs. Andrews said she had a child and that was there—I then pressed them and said "Are you certain that no
child has been taken from here this evening"—Mrs. Andrews then told one that one had been taken away from there by Mrs. Wells—Jane Reeves said Yes, she has been taken to Roxburgh Grove to be taken care of there"—I asked "What number and whose house"—Jane said the name was Mrs. Cutler, but she did not know the number—I then asked her who had been keeping the child—Jane said that she had, and as she had one of her own to keep she could not afford to do that any longer—I then asked her to go with me and show me where the person lived to whom she had given the child—she also told me that on the night in question she had washed the child and dressed it, and kissed it, and given it to Mrs. Wells—she said she had put on its hat, a white hat, a cape and a pink pinafore—I had previously told her that the child had been found, and that it was not dressed—she then went with me to Dalby Street—she appeared to be very reluctant to go—she took me to 25, Dalby Street, that is about 700 yards from Mrs. Andrews—you would not pass through Franklin Street in going, it is is another direction—you would pass Dalby Street in going to Franklin street,—Franklin Street is beyond Dalby Street—when I got to 25, Dalby Street I asked for Mrs. Wells and she came; I found that she lived there—she is the wife of a railway shunter—when in the passage I asked Jane Reeves it that was the woman she Had given the child to—she did not answer—I then the said "You have stated to me that you gave the child to Mrs. Wells, why don't you say the same in her presence?"—she replied "You can't make me say anything unless I like"—I said "You can explain if you like what you have stated about Mrs. Wells"—she made no answer to that—I then asked Mrs. Wells what she had done with the child that she had taken from 7, Harmood Street that evening—she said "I took it and gave it to a little girl to take it to the police-station"—I asked her whether she knew where the girl liyed, or whether she knew who she was, or whether if she saw her eh would know her he again—her answer was "No" to each of the questions—I then went into her room and told her that a child had been found, and that it was supposed to be the same child she had taken away from Haratcled Street, and that the child when she took it away was properly dressed, list when it was found it had on no hat or cape—"Now I want to find those things"—I commenced to turn over some things in her room to see if I could find the things—she was sitting down on a chair at the time; without saying anything she got up, took a bunch of keys, unlocked the bottons drawer of a chest of drawers in the room, and took out these things, the white hat, this drab cape or pelisse, and this pink pinafore (produced)—june Reeves said "Those are the things I dressed the child in before it was taken away"—I then told Wells that I should have to take her into custody, that she would be charged with attempting to murder the child—she made no answer—I took Wells to the station, and told Jane Reeves that I should want her to go to the station with me—I took them both to the station—I had previously ascertained from Jane Reeves who the mother of the child was—she said that the mother had made arrangements for the child to be taken away from 7, Harmood Street, to some other place to be taken care of, that her sister, Mary Ann, had told her so on the Wednesday previous—I first heard from Jane who the mother was at Harmood Street, but when I got to Mrs. Wells I asked where Mary Ann lived—she had told me the child was Mary Ann's—I asked where Mary Ann lived, and she said at 50, Fitzroy Street—after Wells had been taken to the station, I went to 50, Fitzroy Street, with detective constable Dalton—the Rev. Mr. Perry
lives there—I saw Mary Ann Reeves there; she was in service there—I asked her whether she had a child—I was in uniform; that was the first question I asked her, whether she had a child—she Said she had—I said "Has it been staying at 7, Harmood Street?"—she said "Yes, it has"—I asked her whether she, had made any arrangement for the child to be taken away from there to be taken to any other place—she replied "I don't quite understand you"—I then repeated the question, and asked her whether she had made any arrangement for the child to be taken away from there by any one to any other place to be taken care of—she said "No"—I said "If any one says you have done so, I suppose they would be wrong?"—she said "Yes, but there was a person who would have taken it for eight shillings a week, but I could not afford that"—she then said "I arranged with Mrs. Wells to take it away, to take it to the police-station, and if they would not take it in there to leave it on a door step"—Mr. Perry, who was present the whole time, then said "You did not think she was going to do the child any harm, did you, Mary Ann, you only thought it was going to be taken to the workhouse, or some place, to be taken care of," and she said "Yes, that was what 1 thought"—I then took her to St. Pancreas Workhouse, where her child was—she saw it, and said that it was her child—I then took her to the police-station, and placed all the three prisoners in the dock together—I told Wells that I should charge her with attempting to murder Ada Reeves by tying a handkerchief round her neck, also with abandoning and exposing it so as to endanger its life—she said "I did not tie the handkerchief round its neck, I tied it round its head"—I told the other two prisoners that they, would be charged with being accessories; neither of them made any answer—that was all that passed—I have obtained a certified copy of the register of the child's birth, which I compared with the original. (This certified the birth of Ada Maude Mary, on 22nd April, 1874. Father's name Robert Andrews, railway engine driver. Mother's Annie Andrews, for Reeves.)
WELLS . I did not say I gave the child to a little girl, I said "a girl;" I had seen the girl scores of times, but I did not know her name or where she lived. Witness. That is not so, the words she made use of were that she gave it to a little girl—I asked her distinctly whether she would know her if she saw her, and she said "No"—the child's clothing was examined to see if we could find any trace, but there was no mark by which it could be identified.
JAMES HARRIS (Police Inspector Y). On Saturday-night, 30th January, I went with the last witness to 7, Harmood Street—I heard the conversation that took place there—I afterwards went to 25, Dalby Street, with Jane Reeyes—Wells said "I have given the child to a girl to take to the police-station, but I don't know who the girl is, nor what her name is"—the three prisoners were charged at the station that night—next, morning I came on" duty about 9 o'clock, that was Sunday morning the 31st—in the course of my duty I visited the prisoners in their cells—I went to the cell in which. the two Reeves "were confined—they were both in the same cell, Mrs. Wells was in the adjoining cell along with another prisoner—both, the Reeves said "Have you heard how the child is this morning, sir"—I said "No, I have only just come on duty, I have heard nothing of it this morning"—both of them said "When we parted with the child we had not the least idea any harm was going to be done to it, we only intended it to be. put on a door
step so that it might be found by the police and taken to the Station"—a bouts quarter of an hour or twenty minutes afterwards the Rev. Mr. Perry came to his the station—he saw the Reeves and they made the same statement to him in my presence—about 8 o'clock that evening the child of Jane Reeves was brought to the station to her by Mrs. Andrews her sister, and it was given to her in her cell—it was a young child about six or seven weeks old—Wells was in the adjoining cell at the time—when Mrs. Andrews was there the two Reeves made the saint statement to her as they did to me and Mr. Perry, about the child being taken away and put on a doorstep—after Mrs. Andrews had left I heard Wells any "I hear Mrs. Turner is going to give me a lift up in the morning, she appears to blame it all to me, but if she opens I shall"—I understood the name to be Mrs. Turner, but she-was alluding to Mrs. Andrews, there is no such person as Mrs. Turner—she must have heard the conversation in the cell—this was said almost directly after Mrs. Andrews had gone—Jane Reeves replied "When I gave you the child I had not the least idea you were going to injure it, I only thought it was to be placed on a doorstep"—one of them, I believe it was Mary Ann said "Why did you take the child's things off" Wells said "Because I knew if the child was found it would be described, and it would be identified by its clothing"—Wells also said "You know you told me that you wanted to get rid of the little b"—both the Reeves replied "If you can keep quiet we can"—when Jane said "I only thought you intended to put it on a door step, "Wells said "I carried the child about till I was tired, and my heart being full I gave it to a little girl, and if any harm happened to the child it was after the girl had it; after I gave it to the girl—I gave it to the girl to take to the police-station"—that was all that passed.
BY THE COURT . When Wells said "You know you told me you wanted to get rid of the little b"—the Only answer that was made was "If you can keep quiet we can"—and with that the conversation dropped.
BY THE JURY . That remark of Wells was made to Mary Ann—and they both answered "If you can keep quiet we can."
ANNA ANDREWS . I live at 7, Harmood Street—I have lived there very near five years—I am the landlady of the house—I am sister to the Reeves'—I am married—my husband does not live there, he is away at work; he does not live with me there—I think Jane is twenty-four years of age, I. am not quite sure—she was formerly in the service of the Rev. Mr. Perry, as cook I think—in January last she was living at my house with her child—she was not in service at that time—her child was born on the 22nd November; she had left Mr. Perry's service—she did not leave to be confined; she left the service to go into the country—she was confined in November, and in January she was living with me with her child; at the same time Mary Ann's child was also living there my she was still in 'the service of Mr. Perry—neither of my sisters are married—I registered the birth of Mary Ann's child; it was born in April, 1874—I registered it in the name of Andrews, because she never would tell me who the father was, and I did not give it to mind to register it in her maiden name—I registered it as the child of Robert Andrews, and described her as Annie Andrews, formerly Reeves—the child went by the name of Ada Maude Mary Andrews, that was the mother's wish—I was paid 10?. a week for the keep of Jane and her child and Mary Ann's child—Mary Ann used to bring it to me I generally—I took that to be for the keep of Jane and the two children—I had to keep them all Jane did not pay anything—on Saturday, 30th January,
I saw Mary Ann's child, as near as I can tell between 7 and 8 o'clock; Jane had charge of it—Mrs. Wells came to my house between 7 and 8 o'clock, as. near as I can tell; I have got no time, so 7 could not say exactly—I knew her before; the first of my knowing her was she came and did for me when I was confined—she is no relation of mine; I always took her as a friend after doing for me, that was all—that was the first time I knew anything about her—I had not engaged her as a nurse; I had not engaged any nurse—her brother-in-law lodged with me, and he fetched her, as I had not any nurse—when Wells came in I don't know whether the child was in the kitchen or the parlour—it was dressed as far as the pinafore; I could not say who dressed it, it was dressed—I did not see it go out—it was dressed with a drab cape and a white hat; it was dressed to go out—I have seen this hat, cape, and pinafore—I could not say if Jane or Mrs. Wells dressed it; I was busy ironing—it was not dressed when Mrs. Wells came in—she said it was going to a new home in Roxburgh Grove, to Mrs. Cutler's, for a week—nothing further was said—I left the room and went in the yard, and when I. came back it was gone and Mrs. Wells too; Jane remained—I never had anything to do with the child, Jane always had to do for it; I never had anything to do with it—I had seen Mrs. Wells on the Wednesday before; she came to my house? then—I and Mrs. Jones were washing, and Jane was in the kitchen at the same time, and Wells said she had got a place for the child, the two for 9*. or one for 6s. a week, at Mrs. Cutler's, in Roxburgh Grove—nothing further * was said on. the Wednesday—I saw Mary Ann that same evening, she came to my house—she was not there at the same time as Mrs. Wells, she came after—Mrs. Wells saw Jane on the Wednesday at my house—I did not hear what passed between them, only what I said when Jane was in my presence, about the child going to Roxburgh Grove.
Wells. I was not going to take the child to Roxburgh Grove—Mrs. Andrews knew that I was not going to take it there. Witness. I did not know that she was not going to take it there—I believed that she was.
By THE COURT. Both my sisters had been in, the service of Mr. Perry, Jane as cook and Mary Ann as housemaid—Mr. Perry is a clergyman, a married man with a family—Jane's child is about three months old, much younger than Mary Ann's child—she took care of Mary Ann's child and attended to it—she had all the attendance, I had nothing to do with it whatever—she was very kind to it—Mary Ann always seemed found of her child when I have seen her with it,
SUSANNAH MASKALL . I live at 11, Douglas Terrace, Poplar—at the end of January this year I was staying at 25, Dalby Street—on Wednesday, 27th January, I went with Mrs. Wells to 50, Fitzroy Street—I did not go to see any one; I went with Mrs. Wells for a walk, and she went to 50, Fitzroy Street—I did not see anybody there, I waited outside and she went in—she was there nearly three-quarters of an hour—on Friday the 29th'. Jane Reeves called on Mrs. Wells—I could not tell how long she stayed—she did not come inside, she waited outside—Mrs. Wells saw her outside—on Saturday the 30th January I recollect Mrs. Wells going out; I should think about 7.30, as near as I remember—she came back at 8.30—I saw her about a quarter of an hour after she came back.
Wells. Q. Did you see any difference in me when I came back to what there was when I went out.? A. No I did not—you asked me whether I would hold your baby if it woke while you were gone; I did not, another Person took care of it.
FLORENCE NORTH . I live at 7, Douglas Terrace, High gate New Town I know Mrs. Wells—on 30th January, I went to her house to take care of her baby at 7 o'clock in the evening—she went out at 7 'o clock and came about 8.30—she said she had been to Mrs. Andrews—she seemed very excited—she had got a colour and her eyes seemed to shine—she said she had a lot I of news to tell me, but she would tell me on. the morrow, Sunday, and when who I went she was taken up—I did not see her.
Wells. Q. Did I ask you to mind my baby when I went out? A. Yes and I said I would—I took care of the baby, you said you were going out is I fetch two errands and would I see to your baby while you were gone, and I said yes if you were not gone long—there was a difference in you when you came in, I said to the landlady what a colour you had, and your eye seemed to shine, and you said you would catch it by being so long gone gossipping.
BY THE JURY . I did not go to the house by pre-arrangement—I had let my situation on the Wednesday—I was visiting Mrs. Wells—I went to ten—I was not going to sleep there.
SUSANNAH REBECCA CUTLER . I live at 5, Roxburgh Grove—I know Mrs. Wells—I saw her on 18th May last year—she came to my mother's house No. 9, Oakley Square, and said "You said you would like a nurse child "I said "Yes, if it was anything worth my having"—she said "I know I person who has one to put out"—I asked who it was—she said it was a: No. 7, Harmood Street—next day I went to Mrs. Andrews at 7, Harmoof Street—I knocked at the door, and Mrs. Andrews came to the door—I had some conversation with her—I did not take any charge of a child at that time—I have not had any conversation with Mrs. Wells or Mrs. Andrews about taking charge of a child since that time—I never saw either of the Reeves till I saw them at the Police Court, nor yet the baby.
BY THE COURT . When I had the conversation with Mrs. Andrews nothing was said about what I was to be paid for the child—nothing was said about two children, no price was mentioned—it was me that mentioned the price, when they spoke to me about the child, I said if I took' it I would do a mother's part by it, but I could not take it unless I had a month's money in advance, and then I was to have it at 7s. a week, but I would like to have it down in black and white who was to pay me, and who the child belonged to.
JOHN DALTON (Detective Officer 7). I had pointed out to me the wall in Franklin Street where the child was found—I measured the wall—on the road side it was 4 ft. 7 in. high from the footpath, and on the inside 6 ft. 2 in.—I examined it by daylight—it is a piece of waste ground attached to the Midland Railway, and there is a lot of rough bricks and a quantity of stagnant water where the child was dropped over, it, is not a garden of an inhabited house—it is a piece of waste ground where the Midland Company have allowed some of their men to plant some vegetables on—there is no passage or right of way, it is all enclosed—it is between 400 and 500 yards from the wall in Franklin Street to 7, Harmood Street I should imagine—I have not measured it accurately, and it is about 500 yards from Harmood Street to Dalby Street where Mrs. Wells lives—Roxburgh Grove is about 400 yards from Harmood Street—that is not quite in the same direction as Dalby Street, it is a little more to the right, towards Haverstock Hill.
Anna Andrews (re-examined). The child had got more things belonging to it—it had got another change of all that it required, frock, petticoat, and
pinafore—they are at my house now; they were not taken away—no-reason was assigned to me for taking the child away, but Jane wished to go to service, and I thought that was the reason.;
The Prisoners Statements before the Magistrate were ready as follows. Wells says: "The prisoner, Mary Ann Reeves wrote to me on the Tuesday evening and said she wanted to see me on the "Wednesday afternoon; she said she would give me a sovereign, either to take it to the police-station or leave it on a doorstep. Then I went down on the Wednesday and she came up on" the Wednesday evening, and Thursday evening too, and asked me: whether I would take it, and I said I would take it to the police-station. Jane came up to me on the Friday 'evening and asked me when I would take it; I said on Saturday evening. I went and fetched the child and carried it about for half an hour till I was tired, and I could not put the child down my heart was so full, and I thought of my own children, and I met a girl at the end of Kentish Town Road. I asked her whether she would take it to the police-station, she said she would I did not see any more of her. "I went home. The reason I took the hat off the mother told me to take it off, and I tied the pocket handkerchief round its head." Jane Reeves and Mary Ann Reevis say: "I am not guilty.". '
Wells' Defence. On the Thursday evening, when Mary Ann came to my place, she said I was not to take the child to the police-station at all, she would be found out; she said the policeman might say there had been so many children brought in that way "Leave it on a door step.". I could not leave the child there, I gave it to a girl, and asked her would she take it to the police-station. She said she would. I have seen the girl lots of times. I should know her again if I was to see her. I never had any intention of hurting the child or murdering it.
JANE REEVES HANDED in two written statements; the first was read, and was in effect a repetition of the statement already given in evidence, that it was the intention of her sister and herself that the child should be-taken to the police-station or left on a doorstep, so that it might be taken to the workhouse and be provided for, and that they had no idea that Mrs. Wells would injure it in any way. The second statement was read in part only; it referred to her intercourse with the alleged father of the child, but having no bearing upon the charge in question, at the suggestion of the Court, it was not continued. The prisoner, Mary Ann Reeves, also handed in a paper, which was not read.
JOHN DALTON (re-examined). I produce the handkerchief that was round the child's neck—I got it at St. Pancras Workhouse—it was identified by the witnesses, Wood and Welch, as being the handkerchief that was round the child's neck.
ANNA ANDREWS (re-examined). I never saw this handkerchief before. I never saw it till I saw it at the Court—the child had not a handkerchief like that amongst its clothes when it was at my house—I am quite sure of that, nothing of the sort.
FLORENCE NORTH (re-examined). I did not stay at Mrs. Wells at all—I only visited there occasionally—I don't know this handkerchief—I never saw one like it—I don't see any mark on it—I have no recollection of seeing that handkerchief.
Mrs. Wells'—I was staying with my aunt at Mrs. Wells'; she is the lan lady of Mrs. Wells' house—Mrs. Wells was in the front parlour—nobody lived with her besides her husband—I have never seen a handkerchief of that sort—I know nothing about it.
WELLS— GUILTY of the attempt to murder.
JANE and MARY ANN REEVES— NOT GUILTY .
221. ANNE MARIA WELLS, JANE REEVES , and MARY ANN REEVES , were again indicted, for unlawfully abandoning and exposing the said child, whereby its life was endangered. Three other counts—vary in the intent. Fifth and sixth counts—for conspiracy to abandon All the witnesses were re-sworn in this case, their evidence read over, and stated by them to be correct.
Wells' Defence. I never intended any harm to the child. I gave it to I girl because I could not put it down myself. I never had any thought of murdering the child, or anything of the sort.
Jane Reeves' Defence. I gave it to MRS. WELLS without any intention of her injuring it.
Mary Ann Reeves' Defence. I did not say I wanted to get rid of the child. Mrs. Wells asked me a great many times to let her take it away, ever since it was born; she said it would be taken care of. I did not know any harm was coming to it; she said she would take it and my sister Jane' child too.
Wells. I never thought of asking her any such thing; she tried to get it into the Foundling and could not—she asked me to take it to the police station.
GUILTY on sixth count.
JANE and MARY ANN REEVES— Four Months' Impisonment on this indictment.
WELLS was sentenced to Ten Years' Penal Servitude on the first indictment.
NEW COURT, Wednesday, March 3rd, 1875.
Before Mr. Common Serjeant.
The Grand Jury having ignored the bill for manslaughter, MR. MILWOOD for the Prosecution offered no evidence on the Coroner's Inquisition.
NOT GUILTY .
223. WILLIAM HENRY SMITH (30), PLEADED GUILTY to feloniously forging and uttering an endorsement to an order for 40l. 9a., also to stealing an order for the payment of 14l. 8s. Q., the property of John White.
He received a good cliaracter— Fifteen Months' Imprisonment.
MR. DE MICHELE conducted the Prosecution; MESSRS. COOPER and SAFFORD the Defence.
GEORGE GILL . I am deputy to Mr. Davis, a lodging-house keeper, of 42, West India Docks Road, Limehouse—James Laws, the deceased, was a regular lodger there at 2s. 3d. a week—he was a sickly man, evidently suffering from bronchitis or pains in the chest—on 5th February, about 1
o'clock in the morning, the prisoner came there and asked for a lodging—he had evidently been drinking—I took him into a ten-bedded room, and assigned to him bed No. 31, the third bed on the left, the next bed to the deceased, No. 40—I left him there, and about a quarter of an hour afterwards I heard screams from the deceased—I went into the room and found the deceased's bedstead overturned, and the deceased's head and shoulders were on the floor, and his feet entangled in the bed-clothes—the bedstead was turned sideways—the flock bed weighed perhaps 10 lbs.—the prisoner had not undressed himself at all, nor had he got into his bed, because it was unruffled—he had one boot off—the first thing I and a lodger did was to right the deceased's bed—I was very excited, and told the prisoner to go downstairs as the persons in the room said that he had overturned the bed-stead—I cannot recollect whether the prisoner said anything to that, as I was in a passion—I put the deceased to bed, and turned the prisoner out of the house, and next day I gave him in custody—I went into the room again to see the deceased about 2 a.m., and at 10 o'clock next morning I found him speechless—I sent for the parish doctor, who came at 12 o'clock, and the deceased died about 2.30—we knew him by the name of Daniel O'Rourke, but we afterwards ascertained that his name was James Laws.
Cross-examined by MR. SAFFORD. I gave him in custody between 4 and 5 o'clock in the afternoon—the deceased was evidently a weak man, but he could eat well—his age was about fifty-six—the bedsteads are side by side, five on the left, four on the right, and one lengthways—No. 41 runs out from the wall—they are 2 ft or 2 ft. 2 in. apart—they are wooden French bedsteads, single, about 3 ft. wide and 6 ft. long—I did not hear the prisoner say that the deceased jumped up when he shook him.
Re-examined. It would require much pushing to turn the bedstead over; it would be impossible for it to tip over from a person lying on one side of it—a man would have to put his hands under it and forcibly lift it over.
SAMUEL BESSEL . I am a dock labourer—on 4th February I slept in the bed opposite where the prisoner was going to sleep—Mr. Gill brought the prisoner in about' 1 a.m., and showed him to a bed—the deceased was in bed snoring a little, he was very poorly—the prisoner began cursing and swearing at him because he was making a noise, and then he; deliberately took hold of him and shook him and pressed him very hard, and made him holloa out very much—the prisoner then sat down on his own bed, pulled off one of his boots, sat there for about a minute, and then deliberately got up, catclied hold of the bedstead and chucked it over on its side, and pitched the man out—I heard him fall on the floor; he made a deal of noise—the prisoner did nothing, he only stood there—he was not sober and he was not drunk—the deputy came and turned him out.
Cross-examined by MR. SAFFORD. I went to bed about 8.45—the room is not lighted all night; the deputy brought a light up when he came to show the prisoner his bed, and left it with the prisoner—I was awake when they came up—I said nothing to the prisoner—do you think I was going to interfere with a sailor when they carry weapons about them, and besides, I did not know he was going to turn the bedstead over—the bedsteads are very heavy.
BEATTIE, M.D., M.R.C.S. I am medical officer of Stepney Union—on 5th February, at 12.15 I was called to the West India Dock Road, and found the deceased in an insensible and dying condition—I after wards heard that he died at 2.30, and I subsequently made a post-mortem examination by the Coroner's order, and found that death arose from congestion of the brain from the rupture of a blood vessel on the brain—I found the membranes thickened and greatly congested, and a clot of congealed blood about the size of a horse bean, behind the left ear, on the brain and under the membrane—there were no marks of external injury on the body—the pleura was adhering from the standing pleurisy, and the lungs were collapsed here and there, and there was evidence of old standing bronchitis, but those injuries were distinct from the clot of coagulated blood—I attribute the rupture of the blood. vessel to violence—I have heard the evidence—such a blow as would be given in a fall from a bedstead would cause the condition I saw—he did not die of pleurisy or bronchitis, but from the rupture of a vessel in the brain from violence.
Cross-examined by MR. COOPER. Pleurisy and bronchitis would affect the the circulation of the blood, and I have known apoplexy resulting from them—the bedstead was about 18 inches high—I mean to say that if the man only fell 1 1/2 feet, and the pillow and bedclothes fell with him, that would produce what I saw, with no external signs of violence—the appearance would not be produced by violent coughing under excitement; there would be different symptoms altogether—I don't think any excitement would produce what I saw—I know that the man had had bronchitis some time, and that would affect the circulation—he was dying when I saw him, and was beyond the reach of medicine—supposing the blood vessel to have burst at 1 a.m., when the bed was thrown over, the man might live till 2.30 p.m., because there would be a small oozing out of blood which would ultimately bring him to the condition in which I saw him.
GUILTY.Recommended to mercy by the Jury — Four Months' Imprisonment.
THIRD COURT.—Wednesday, March 3rd, 1875.
Before Robert Malcolm Kerr, Esq.
MR. A. B. KELLY conducted the Prosecution; and MR. MONTAGU WILLIAMS
JOHN CHERRY . I am a fruit salesman, and live at 11, Crown Court, Covent Garden—I know the prisoner—I was at St. James's Church, Clerkenwell, on the 15th September, 1859, and saw him married to Sarah Mitchell—she is in Court to-day.
Cross-examined. I don't know that she married again in 1871.
PHILIP COOPER . I live at Esher Street, Westminster—I have a daughter named Susanah Martha—on the 28th September, 1851, I was at the Bap-tist Chapel, Romney Street, when she was married to the prisoner, William Frost—I have the certificate—my daughter is alive—the prisoner lived with her about a year and nine months after the marriage, and I have not seen him since that time till a fortnight ago, when I was at the Police Court—my daughter has lived in London ever since—she went out charging.
BY THE COURT . They were married in September, 1851, and I believe it was the following June twelvemonth that he left here; in 1853, I think.
Cross-examined. I don't believe she had seen him since 1853—she is married again—she married a man named Bradshaw about twelve years ago—I was not present at that marriage—I have seen the certificate—she produced it before the Magistrate—I say the prisoner and' my daughter lived together about a year and nine months—I said before the Magistrate he left her ten or twelve years ago—I could not exactly say the year—I said my daughter had not seen him since he deserted her—I might have said before the Magistrate "I don't think they have seen each other since 1852" I don't believe they have.
BY THE COURT . I saw them living together just before he left her.
SARAH MITCHELL . I live at Dennis Buildings, Walworth—I was married to the prisoner on the 15th September, 1859, at St. James', Clerkenwell—he said he was a widower—I lived with him three months and then he left me—he enlisted—I did not know that he enlisted for thirteen months, and then he came home to me one night—I did not know he was a soldier until then—I used to write to his mother and they always told me they did not know where he was—he came home one night about 10 o'clock, and then he went home to his own mother down in the country.
Cross-examined. I am married again—I was married in October, 1871—I did not institute these proceedings.
NOT GUILTY .
Cross-examined. I should not have married again only I knew his first wife was alive—the last letter I had was dated July, 1863—I had a child by him—she is fifteen years old next June.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MESSRS. STRAIGHT and Souls by conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ROBERT BERRY . I am foreman to Messrs. Savill, Brothers, brewers at Stratford—Poulter was a tunman and Bailey a drayman in their service—on the afternoon of 9th February my attention was called to a certain cask which was in the tun-room on the left hand side—the number was 5, 993—I put it down in my book—I have got my book here (produced)—I wrote the number down at the time in the tun-room—the number is 5, 953—it was an eighteen gallon cask—it was then standing against the column in the tun-room—I saw that cask again when it was taken off Bailey's dray at 7.15 in the evening after he had returned—he delivered three nine gallon casks at the landing stage besides that kilderk in—Bailey had been out all day from 8 o'clock in the morning till 7.15 in the evening, and I had seen that cask on the premises all day long—I saw Bailey take it off his van and put it on
the landing stage—I missed that cask from the tun-room about an hour and a quarter before I saw it come on the stage—that would be about 6 o'clock—Poulter would not have any instructions to get a cask ready without any orders—I did not give him any orders to get that cask ready on that day—the empty casks would be delivered in the yard, and the landing stage is about fifty yards from that place round the corner—the draymen should deliver their returns first and then the empties—I saw Bailey's initials put on the cask afterwards when he unloaded it—the night man put it on in his presence—there was no other cask of that same number and size on the premises that day—I am quite positive of that—I said to Bailey "Did you bring this home," in the presence of the night man—Bailey said "Yes"—I said to the night man "Put his initials on it"—I was on the watch—I have never known the same cask to have two distinct numbers on it—this cask was very nearly new, it had' never been coopered—I did not see Poulter do anything with that cask on the day in question—Poulter was under me and took his orders from me.
Cross-examined. There were a great many casks in the tun-room where 5, 953 stood—I am foreman of the tun-room—there are about ten me under me, sometimes more and sometimes less—at this time there might have been about ten—I had seen this cask in the tun-room before, at 5 o'clock the same evening—Bailey had been out all day—I missed the cask between 5 and 6 o'clock—I don't know anything about 5, 993—this is the piece of paper I wrote—you will find "Bailey" at the bottom—there is a good deal written on the paper—it was not all written at the same time—Bome is in ink—I wrote the word "caught" at the top—that is in ink—I wrote that after I had taken the number—I did not write that in triumph—that was when I had made up my mind I had caught when I found the cask—I wrote the number 5, 953 at my desk, which was about 10 ft. from the cask—I left the cask and went to my desk—I mean to say that no cask on my master's premises has had two different numbers to my knowledge—they all run in rotation—I don't know of any casks having two different numbers, one on the top and one on the bottom—I never knew of such a thing—it has not happened to my knowledge, it has no business to happen—the tun-room is separated from the rest of the warehouse by a wall—the empties would be delivered at the door leading into the yard—there are four doors into the yard—the empties are put in front of the cask washing-shed to be washed—the man ought to deliver his returns first that is to say, casks full of beer which have not been sold or delivered, and if there are any empties he ought to bring them round, so that they might be washed before they were re-filled, and they were then brought into the tun-room to be filled again—this cask was close to a column and about 20 yards from the door where the empty casks are placed—carts bringing in empty casks would pass that door—I last saw the cask about 6 o'clock in the tun-room—there is a slide to run the casks in—Bailey has been in the employ about five or six years, and Poulter a little longer than that.
Alfred Wren. I live at 4, Bow Street, Stratford—on Tuesday the 9th February I was in the employ of Messrs. Savill in the tun-room—I was under Poulter—on that day he gave me orders to get a kilderkin of XK ready—I did so—I shrived it up—when I had done it I told him that it was ready—I can't say to a minute what the time was when he gave me the order, but it was about 4 o'clock in the afternoon—that was the time I got it ready, and I told him I had got it ready—he had told me to do so,
about two minutes before that—it was done as soon as I got the things—I left it against the drain in the new tun-room where it was—that is the tun-room which has a door which opens opposite where the empties are.
Cross-examined. I am sure it was at 4 o'clock that he gave me that order—I don't recollect stating that it was after 10 o'clock and before dinner—I did not take any notice of the kilderk in—I don't know what number it was—I had orders to get it ready, and I got it ready—I thought it was not right to get it ready in that place—I should think there are about ten men at work in the tun-room—I shrived some porter and some single perhaps the same day.
Re-examined. I am sure it was an eighteen gallon cask.
Arthur Orbell. I live at 56, Hellicar Road, Stratford—on the afternoon of Tuesday the 9th February I saw Wren getting a kilderk in of beer ready in the tun-room between 4 and 5 o'clock—I went and examined it after he had done it—I looked at the number and. took a note of it at the time—it was 5, 953—the cask is here; that is it (produced)—I called Berry's attention to it—I am sure it was 5, 953 XK—after Bailey came book I saw it was gone from the tun-room, and it was then on the landing-stage—I did not see anything of it after 5 o'clock till I saw it on the stage about 6.45, after Bailey had come back—I looked at it then—I did not see Bailey leave in the morning—he was supposed to leave the yard at 8 o'clock.
Cross-examined. I wrote the number on this piece of paper in the tun-room in ink against the column—I had the ink in my pocket—Wren had then gone round the corner to take some tubs—I did not show him my piece of paper—I have never shown it to him—I called Berry's attention to the cask, and I showed him the piece of paper—he wrote on a piece of paper too at his desk—my master had told me to look out—I was on the watch.
SAMUEL WILLIAM WHITE . I am loading-out clerk to Messrs. Savill—Bailey was a drayman in the service—on the morning of 9th February he left with his load before 8 o'clock—I checked the contents of his van, and entered them in my loading-book—the entry was made before he went away—I showed it to Bailey, and he signed it—(Read:" Bailey, one kilder-kin and two firkins of XK, one kilderkin and twelve firkins AK, five firkins of porter, one firkin of single stout, and one firkin of X stont"—that bears Bailey's signature—we don't take the numbers of the casks.
WILLIAM BURGESS . I am night man at Messrs. Savill's—the drayman coming in with his van would have to make his return to me—I was on duty on the night of Tuesday, 9th February, and I remember Bailey coming in—he delivered to me one kilderkin of XK and three firkins of AK—I examined the kilderkin and took the number, and made an entry of it at the time—it was 5, 953—I also put his initial "W. B." on it by Berry's orders—I have an account of the other numbers.
Cross-examined. When I was before the Magistrate I said the number on the cask was 6, 953—I made a mistake, and I said so at the time—it is quite right what you have read, "I looked at the cask and put' W. B.' on it, and marked the number 6, 953—I made a note of the number at the time—I made a mistake, it is 5, 953, and not 6, 953."
Re-examined. I put the figures down at the time, and I made a mistake in reading them before the Magistrate.
the morning, and we got back, as near as I can say, about 7 o'clock, or a little after—we then had three firkins in the van as far as I know—we stopped at a public-house in the course of the day, and Bailey went out when we were having our dinner—he was gone, it might have been, half an hour, or a little more, perhaps—coming along, before we got to the yard in the evening, I asked him where we were going to, and he said he was going home—to take what we had on the van home, and I drove him home—he told me to leave one horse only, so as he could get the van round as we always do—I took one horse down to the stable—at that time I left the van at the back of the brewery—all the casks that were on the cart there that I know of were three firkins—there were a lot of empties in the van, but not any others full as I know of.
GUILTY— Judgment Respited.
The prisoners were again indicted for unlawfully conspiring to steal a cash of beer from the same persons, on which no evidence was offered.
Before Robert Malcolm Kerr, Esq.
MR. GRIFFITHS conducted the Prosecution.
JAMES EVANS (Policeman R 369). On 10th February, a little before 3 a.m I was on duty in Cambridge Terrace, Woolwich, and my attention was called to the coffee-room shutters of the Cambridge Arms, which I had seen safe an hour and a half previously—I lifted the window and the shutter and the wire blind fell into the room—I jumped in and shut the shutter behind me, turned my light on, and saw the prisoner standing "to attention" in a corner—I said "Is it a fair cotch"—he said "I can't tell"—I could not make any one hear—I took him to the station, gave him into the sergeant's charge, went back to the house, went up to Mr. Hearn's room, and kicked the bedstead till he turned over, and came down and searched the house—I then went back and searched the prisoner, and found on him a screw which he had taken from the wire blind, several matches, and a knife, which I do not think he could have opened the window with, though it had been opened with a knife—he said "I was hard up, and I had not time to get anything before you came round."
Prisoner. You never were in the room any more than you are at this moment—I went in for a drop of drink and fell off asleep.
WILLIAM THOMAS HEARN . I am landlord of the Cambridge Hotel, Woolwich—on 9th February I went to bed about 12.10, having; seen the potman fasten the coffee room securely and I fastened the parlour window—I was at the counter till 12.10, and no one could pass the house without my seeing them—when I went to bed the house was safe—I was aroused by a policeman between 3 and 4 o'clock and found that some chips had been cut from the bar window, and it had been opened, but the entrance had been effected through the coffee-room window—I cannot swear to this screw, but there was a screw there when I went to bed, which was not there afterwards.
Cross-examined by the Prisoner. I do not know whether you would open the window when the door was open, all I know is that it was fastened when I went to bed.
BY THE JURY . I went to bed about 12.20—it was not 12.20 when I saw the potman close the house, it was 11.20.
JAMES BROOK . I am the potman—I fastened the windows and shutters at 11.5, but some customers were there and I went and sat in the room till 11.55—I then shut up and went into the coffee-room till the customers left and then closed the house—if anybody was in the room I should have seen them.
Cross-examined by the Prisoner. I saw you there about 1 o'clock—I was seeing a person away by train—the train was due at 12.50, but it seldom arrives till 1 o'clock.
Prisoner's Defence. I had a drop of drink and went into the coffee-room, a nice fire was burning, but there was no light. My chum went to the bar to get some drink and I fell asleep; I bore a good character in the army; I have lost my discharge, but here is a letter (produced). I had free access to the house, and nothing was disturbed. I unfortunately fell asleep, having had some drink. I had been to the train to see a friend away who is in the Royal Artillery. The officer woke me up by scraping outside and by calling the porter, but he did not come inside.
NOT GUILTY .
MR. MOODY conducted the Prosecution.
GUILTY — Twelve Month's Imprisonment.
230. GEORGE STRICKLAND (36), and JOHN THOMAS LEADLEY (33), stealing 131 lbs. of soda the property of Henry Kebble their master, and WILLIAM HENRY SAVILLE (49) , Feloniously receiving the same, to which Strickland and Leadley
PLEADED GUILTY — Eighteen Months' Imprisonment each.
MR. MOODY for the Prosecution offered no evidence against
SAVILLE— NOT GUILTY .
MR. A. B. KELLY conducted the Prosecution; and MR. SIMS the Defence.
SAMUEL HILLS . I am a carpenter—my mother is a laundress—on 30th January about 8.45, I was carrying home some washing on Wandsworth Common—I was perfectly sober—the two prisoners sprang on me and made a snatch at my parcel, knocked me down, kicked me on nay hip, and I lost a weeks' work from it—when I holloaed out they went away and I followed them to the Freemasons Arms, about 150 yards, they went in there and I waited outside till a constable came, and then gave them in custody—I am positively certain that they are the men.
Cross-examined. I did not see them before they sprang on me, it was between two lamps—I was about three minutes on the ground—no one passed—I waited about ten minutes outside the public-house—I saw no disturbance
outside—no one went in or came out while I was there—the prisoners were not the two first who came out, two or three others came out before them—the prisoners came out together and I gave them in charge at once—I heard witnesses called at the Police Court—Charles King and Mary Ann Donoghue did not pass me while I was on the ground.
THOMAS ANDREWS (Policeman V R 13). On 30th January I was on duty on Wandsworth Common and Hill gave the prisoners into my custody as they came out of the Freemasons Arms—I had been to that house at 8.45 for a disturbance by the same two men, I refused to take them in custody then because the man said to be assaulted had no marks of violenc.
Cross-examined. I was also called there at 8.30 for another disturbance which I quelled. Witnesses for the Defence.
MARY ANN DONOGHTJE . I live at 26, White Square, Clapham, on 30th January I was at the Freemasons Arms, Wandsworth Common, with the two prisoners and John Lycett—we had been at another public-house lower down in Wandsworth, we all came out together, but behind one another—we could see one another—a row happened outside the Freemasons Arms, and a policeman came up at that time—Fitten was asleep inside, he did not go out—they went in and spoke to him, and then the prisoners both went out and were given in charge—they had not been there long—Fitten did not go outside while I was there which was an hour—he was asleep all the time.
CHARLES KING . I am a fishmonger of 32, White Square, Clapham—on 30th January I was in the Freemasons Arms, between 8 and 9 o'clock, and saw the prisoners there—Fitten was asleep for twenty minutes, more or less—I heard a disturbance outside and he rose up and went out, and the woman swore to him and he was taken into custody—I heard no disturbance before that—there were fifteen or sixteen people in the house, some were coming in and some going out the whole time—I was there when he was given in custody, and also during the time he was asleep.
Cross-examined. I have recently been in trouble for an assault on the police, and am out now to come up for judgment when called upon—I have been convicted once or twice in another name—I always used my father-in-law's name.
Re-examined. It is more than twelve months since I was convicted.
GUILTY — Eighteen Months' Imprisonment each.
Before Mr. Common Serjeant
MR. THORNE COLE conducted the Prosecution.
SUSAN WILLIAMS . I am single, and live at 4, Saunders Street, Lambeth—I have been living with the prisoner since June last—I had a child in November, which was registered as Eliza Williams—on 23rd June I went to the Fountain public-house where the prisoner was talking to a young man—I gave him twelve shillings, and said "Take it and spend it with other girls"—I went out directly and he followed me and said "What is the matter, Suite, come in here and have something to drink"—we went in and he called for a glass of rum and hot water for me—we stopped there till about 8.30, and then left and got some meat for supper—we then went home together, and were at home by 9 o'clock—we then had some words, and I said "Go and spend your money with other girls"—he said "Come and have supper," and I said "Go and get other girls to have supper with you"
—I repeated that several times, and at last he got in a temper and stood up to give me a blow—he went to hit me, but the blow fell on the baby, which was in my arms, on the side of its head—I did not know that he had hurt the baby then, but he went to give me another blow, and struck the baby in the eye, and I fell down—after the first blow, I called out "Oh, my baby!"—Mary Taylor, who lodges upstairs with her husband, came down, but the prisoner did not do anything after that, though he remained quarrelling—I had been drinking from 6 to 8.30, and I had been drinking before that—I was not sober, and the prisoner was very drunk indeed—the baby seemed all right that night; it took the breast all right—the prisoner took me round the neck and said "Come into bed, Susie," and I did so—he stopped there that night, and in the morning I saw a bruise on the baby's eye—it seemed very queer in the afternoon, and the prisoner said "Take it to a doctor"—I took it to Dr. Oswald between 2 and 3 o'clock, and he gave it some medicine—it had a fit in the evening—the doctor came next day, Monday, and it was still in fits, and the same on Tuesday, till about 9 o'clock, when the fits left it, and it died at 12.55, in the middle of the day.
COURT. Q. What was the reason of your irritating him in that way, telling him to go with other girls? A. Somebody told me that he took some other girls into a public-house, and I was jealous—I found him talking to a young man, but I went on irritating him all I could, though there was no foundation for my suspicion—I only went from what I was told, and it was very silly of me to do so, but I don't think he meant to hurt the baby.
MARY TAYLOR . I am the wife of Robert Taylor, of 4, Saunder's Street, Lambeth—on 23rd January I lived in the same house with the prisoner—my room was on the same floor, but not over theirs—they occupied the back parlour—my husband was at home—we heard a noise between 8 and 9 o'clock proceeding from the back parlour—I went into the prisoner's room and saw him pushing the prosecutrix from one side of the room to the other; she had the baby in her arms and was saying "Oh! save my baby"—he was punching her all the time, and I saw him strike her a blow and knock her backwards in the fire-place with the child in her arms across her breast—I heard him say "I will have my revenge; I'll have the child," and he seized it by the bed gown—I ran out at the street-door and holloaed "Murder!"and "Police"—my husband then came downstairs, went into the room, and held the prisoner on one side while Susan Williams escaped into my room with her baby—ray husband came up and the prisoner followed him—they had a tussle on the stairs, the prisoner trying to get into my room and my husband preventing him—the prisoner then went down stairs, and was as-ascending the stairs, with a poker when the police came.
ROBERT TAYLOR . I am the husband of the last witness—between 8 and 9 o'clock on 23rd January I heard a woman scream out "Murder! save my baby"—I told my wife to go down, and afterwards heard her scream "Murder" at the door—I then went down, and on my entering the prisoner said "I will have my revenge upon the child"—I distinctly heard the words "upon the child"—I saw the woman lying across the bed with the child in her arms and saw the prisoner strike it a severe blow on the right side of the head with his clenched fist—I laid hold of him round the waist and held him to allow the woman to escape, and when she got out I released the prisoner and was proceeding upstairs—the prisoner came up behind me in.
SEARCH OF THE WOMAN ; I told him to go down, he was obstinate and would not, we had a bit of a wrestle on the stairs, he was in liquor and he found I was too strong for him, so he went down into his own room and got a poker and was coming upstairs with it when a policeman came and pacified him—the woman left my room that night and went down to her own room.
JAMES W. J. OSWALD . I am a surgeon of Kennington Road—on 24th January the child was brought to me in convulsions—it had a severe contusion over the right eye from the temple down the cheek bone and a slight contusion on the scalp—it was very pallid and breathing very irregularly—I prescribed for it and it died on the Tuesday—I asked questions of the person who carried it, not the mother, and came to the conclusion that it had received a severe blow—on 2nd February I made a post-mortem examination—on removing the scalp I found the whole surface between the scalp and the bone covered with dark extravasated blood—there was a fracture externding nearly 3 inches along the posterior part of the parietal bone a fracture of the occipital bone with great depression of a portion of it, and another fracture of about three inches of the frontal bone reaching to the other bone on the right side of the head and a large quantity of extravasated blood between the brain and the membrane—a portion of depressed bone penetrated the brain at the back of the head—the cause of death was effusion of blood on the brain from the fractures which were the result of external violence—all the other organs were healthy—the external violence I saw could be produced by a blow from a man's first—the child was battered to death.
ISAAC SHEPHERD . I am an officer of the Coroner for Surrey—on 1st February I went' to 4, Saunder's Street, Lambeth, and saw the prisoner—I asked him if he was living with Susan Williams—he said yes—I told him he was accused of causing the death of a child, the offspring of Susan Williams, who was present—he said "I am very sorry, but she very much provoked me to do what I have done"—she said "Yes, I did very much provoke him or he would not have struck me"—he said that she came to him at the Fountain public-house, Lambeth Walk, and accused him of being with other women, which he was not; that they had a few words and then he went home and had a further quarrel—he said "She very much provoked me again and I went to strike her, and accidentally struck the child on the head, for which I am very sorry; I was the worse for drink at the time."
The Prisoner's Statement before the Magistrate: "I was very drunk or it would not have occurred; I am very sorry."
GUILTY — Two Years' Imprisonment.
233. EDMUND SYMES (46), was indicted for stealing 258 pairs of trowsers of Sir William Palliser and others, his masters. Second Count—For stealing 360 pairs. Other Counts—Not alleging him to be a servant.
MR. METCALFE, Q C, and Mr. Straight conducted the Prosecution.
EDWARD PALLISER . I am a member of the firm of Palliser & Co., army and navy contractors, 154, Minories—in July last I was introduced by Mr. Coathupe to the defendant, and he introduced to my notice a patent of his own for improving trowsers—I examined it with some care, and found it to be a clever invention—he told me that he was unable to bring it out himself for want of means—he did not tell me that he had been at Messrs.
Turner's at Bristol, and that they had used the invention—he asked me to find the means for taking out this patent and working it—I put myself in communication with a patent agent, and provisional protection was ultimately registered for the patent in his name—a letter was written on the 9th July by the defendant to me, which embodied the terms of the arrangement under which I was to take out the patent and work it—at that time the defendant was residing at No. 29, Nelson Square, Blackfriars—it was arranged that I should take certain rooms at his house for the purpose of working the patent; the rooms were taken, and I paid 12s. a week for them—the defendant was much in want of money at that time, and I found him some for the purposes of his immediate requirements—he was placed in charge of the manufacturing department in Nelson Square, and Mr. Coathupe was the clerk—it was his business to look after the books; they were a day-book, a pay-book, and an outward and general invoice-book—this was a temporary arrangement for the purpose of testing this patent—the defendant was to be paid 4l. a week as subsistence money on account of royalty, Mr. Coathupe 3l. a week, and the employe's were to be paid by the week—when the amount earned was ascertained, we were first of all to deduct 6 per cent, for working expenses; after that Captain Coathupe was to have 10 per cent., and the defendant was to divide the remainder with us—in September certain information was given me in reference to the buying of cloth—I saw the prisoner in reference to that information—I found that he had purchased quantities of cloth much in excess of what he ought to have purchased; he had only authority to buy a small quantity for a test—I told him that he was not to buy any more cloth, and I sent a circular to all the manufacturers of cloth and advertised in the newspapers, warning them not to supply it—after the cloth had been manufactured into trowsers, the prisoner had no authority to dispose of them direct from Nelson Square—this is a notice that I gave to the prisoner. (This was dated 8th September, 1874, stating that the amount of cloth ordered by the defendant was 1.279l. 4s. 9d. and directing him not to order a yard more, as they should not pay for it). The course of business was for the orders to be received at the Minories, transmitted to Nelson Square, and the goods sent through the Minories to the customer, who would be debited in our books there—the Nelson Square premises were simply our manufactory—on Thursday 3rd December 1 had some conversation with the defendant in reference to the transfer of this patent to some one else—he said he had a friend, a rich manufacturer of Leeds, who had gone to Bristol, who was prepared to buy all the cloth and trowsers—he would not give me the name, he said he was to be back the next day—he did not make any communication to me at that time about his having been sending goods on direct from Nelson Square to any persons; I was quite unaware of it—these two* documents marked C and D were drawn up on that occasion—prior to 3rd December I had received D in a letter from the defendant, and that document D with the letter was considered at the interview of 3rd December—C is a copy of it made by myself with one exception—the defendant took that away with him. (The defendants letter enclosing paper D proposed to take the entire stock, paying 335l. cash for it, together with the book debts, 553l.) The document D contains the terms upon which he said his rich friend was going to take over the whole thing—the addition to C is the date, December 8, 1874—that is in the defendant's handwriting—I gave him till the following Monday to complete the arrangement—the document says "open till Monday"—there
was no stamp on it at the time it was taken away—the rich friend was to have come back on the Friday, then he asked till Saturday, and then I advanced it to Monday—he did not come on any of those days and the proposal was at an end on the Monday—there had been some talk prior to this interview about forming a company for the purpose of working this patent—I had prospectuses printed at the defendant's request and had them issued to him; it was proposed that this patent should be worked in that way—in document C I find "Cash by book debts 434l—in D it is 505l. 14s. 1d—there is no mention in either of a sale to Walton—on 10th December I received some information from a man in our employ named Game, and I went with Mr. Coathupe to Nelson Square—I had previously written to the defendant this letter. (This was dated 10th December, hoping the defendant would make it convenient to see him) I wrote that because I had been unable to find or to see him—in conesquence of what Game told me I went with Mr. Coathupe to the premises of Messrs. Pewtress, the packers, but I did not go in—the following days I went upon receiving a memorandum from Messrs. Pewtress, and I there saw 30 dozen pairs of trowsers belonging to us—I was also shown this invoice in the defendant's handwriting. (Read: "10th December, 1874. Messrs. Pewtress & Co.—Please to receive from E. Symes to pack on account of Thomas J. Walton 30 dozen trowsers in bundles." I saw the defendant's wife at Nelson Square on the 10th December, and in her presence I made certain enquiries of the persons employed there—on the morning of 11th December I received this letter at my private address. (This was dated December 10th. From the defendant to the witness stating that he should be out by 9.30 in the morning, having to attend Court, co., and suggesting that Coathupe should have notice, as after the present week there would be nothing for him to do.) If Coathupe had been taken away from the premises there would have been on one there to supervise or overlook the prisoner—after inquiring I found that twenty-one and a half dozen pairs of trousers had also gone to Mr. Walton—until the defendant was taken into custody I knew nothing of any bill of exchange drawn by Symes and accepted by Walton in respect of goods supplied direct from Nelson Square—until December 10 I knew nothing of Mr. Walton—the reason of the selling through the Minories was that we might make enquiry into the solvency of persons to whom goods were to be supplied—from what I have since heard of Mr. Walton I should not have supplied goods to him. (A letter marked YY dated 11th December, 1874, from Palliser Co. to the prisoner was rend stating that they had decided upon removing the goods from Nelson Square to the Minories at once, and requesting him to hand them all over to the bearer) We removed the goods after this discovery—we did not get the books; the first time they were produced was before the Magistrate.
Cross-examined by the Prisoner. You engaged the rooms in Nelson Square and we paid the rent—we commenced to pay the rent at the end of July—I did not engage you as a servant; you had been occupied in the development of this patent, as a test—you were engaged with me in developing this patent, not as a servant, as the manager of the works—you were neither a servant or a partner—well, you were as a partner, if you wish, in the patent—I paid you 4l. a week on account of royalty: that was a verbal arrangement—the arrangement was that we should divide the profits equally between us, whatever was over after paying the 4l. a week royalty, 6 per. cent on the gross sales, and 10 per cent. to Mr. Coathupe, we should divide
whatever was the result of this little test—that arrangement was made about the end of July, about the time the patent was taken out—it was not in writing, it was a verbal arrangement; it was made in the presence of my brother and Mr. Coathupe—the 4l. a week was paid to you regularly every week, that was on account of the royalty as far as I recollect, or on account of the half share of the profits, it does not signify which, it is quite immaterial—I purchased 6 yards of cloth for you to make a test with—you purchased all the cloth except that, up to the time we advertised and stopped it on 3rd December—all the cloth was sent to the Minories to be properly examined, entered in the books, and forwarded to Nelson Square—all the invoices came to us—this produced is an invoice for some of the cloths ordered by you, it is dated September 1st and is made out to you—you had authority to order small quintiles—when I called at Nelson Square, on 10th December, I saw Mrs. Symes—she said you were gone to the City of London Court to answer a summons from one of the workmen—I don't recollect her saying the same on another day; she may have done so—I remarked that there seemed a diminution of stock—she said some goods had gone out—I ascertained upstairs that they had gone to Walton, and I said I hoped he was a sound good customer—previous to 3rd December I had conversation with you relative to taking over the whole stock; you said a friend, who is now in Court, Mr. Faulkner, had offered you 10, 000l. and was going to pay you—there was no agreement beyond my saying that I should be very happy to see the gentleman and arrange terms—I called on you on Saturday night, 28th November, and at your request brought a statement of the stock and the money that had been paid—you said you would make out the statement and send it to me by post—I assented to that—I received it on the Monday, the 30th—I called on you three times on the Monday—I said I would consult my brother on the subject—the arrangement was made that if you paid me 1, 209l. you would take over the book debts and that 71l. due to you as half profits was to remain against any debts, or anything; that was the time Mr. Faulkner was going to purchase it for 10, 000l.—what I agreed to was reduced into writing, all the rest was mere conversation; nothing was drawn up until 3rd December—I would have accepted the money—when you travelled you had authority to take orders but not to part with the good—all the goods were sent from Nelson Square to be examined—the goods were packed in Nelson Square—they were put into boxes and forwarded by our packers—there was a ticket printed at first by mistake, "Palliser's patent," that was never used; it should have been "Symes' patent"—I was aware that you were getting up a company, I had nothing to say against that; I printed the prospectus for you and gave you every possible encouragement—I did not arrange the prospectus—you wanted me to become a director, I distinctly declined to have anything to say to it; one ground was the absurd amount of the capital, half a million—I think you wished to be managing director—I proposed myself to get up a company, when you had failed, among my own friends—you sent a letter to the War Office in your own name, I think Mr. Coathupe drew it up, I did not—I refused to have anything to do with the prospectus. (Letters dated 9th, 16th, 19th, 25th, and 30th September, 7th November, and llth December, were read.) I knew of those letters afterwards.
Henry Coathope. I live at Stamford, Road, Fulham—in July last year I introduced the prisoner to Mr. Palliser, and the prisoner and myself commenced to conduct the business in Nelson Square, as Mr. Palliser has stated
—I kept the books and the prisoner attended to the manufacturing—Mr. Palliser rightly told you that the orders would go through the Minories, so that the credit might be tested, and so on, and the goods were sent to the Minories for delivery, and the money for the goods was paid at the Minories always—I do not know of any goods being sent on the 2nd December to Mr. Walton, nor on the 10th December—I did not know of any bill being received from Mr. Walton for 183l. until it was found out—I never saw any entry in the books of those transactions—I last saw the day-book on the 29th or 30th November—I don't know what became of it—I could not find it between the 30th November and the 11th December; it was missing—I inquired about it—I asked the prisoner, and he said "It will turn up," and I thought it would—there was nothing to put down, so it was not very important; that was the book in which the transaction should have been entered to Walton—we had not a bill-book there—all financial transacttions were done at the Minories—I had nothing to do with them—I saw no entry in the day-book until the matter was investigated at the Police Court—I was present on the 3rd December when a conversation took place about a negotiation for the sale of the business—I saw those two documents which have been put in as to the 1, 200l. plus 650l. I think for the bills to remain over till the following morning—I did not give the prisoner any authority to sell goods in his own Dame and send them off to Walton, and I had no suspicion of it—I never got to the place of business earlier then 10.30, generally about 11 o'clock—it depended on the trains—if goods went out before that I should not see them.
Cross-examined by the Prisoners I took the rooms at Nelson Square in the name of Palliser Co. from you, a fortnight previous to the 22nd August—you have the agreement; it is on the first page of the rent-book, and then come the first two months' payments, both together—it was my business to look after the books, and I did so—they were kept at Nelson Square—we used the two rooms on the upper floor, the front room on the ground floor, and we used the front room on the first floor as an office—we had three rooms, and the one on the first floor we used for convenience, because I should have been rather in your way downstairs—two or three of the books were kept on the ground floor, the remainder were usually on the first floor front room; that makes four rooms—we engaged three rooms, but we. used the other room for your own convenience—the first rent was paid on or about 22nd August—rent was credited to you every week, 12s—you had 4l. a week and subsistence money—the ordinary weekly estimate is signed by you and also by myself—this is how it is put down: "Estimate for week ending 20th September, 1874; rent, 12s.; weekly advance, 7l. amount of work out and cutting, 33l. 2s. 6d.; total, 40l. 14s. 6d."—the actual amount for wages is 20l. 6s. 3d.—the remainder is an estimate of the work out—this book is my account with you—I called at your house on the 10th December with Captain Palliser—I first saw Mrs. Symes—Captain Palliser was there before I arrived—we had a conversation, and Mrs. Symes was present, and she remarked "Do you know anything about the goods sent away this morning?"and then we followed up the idea we had obtained, and found it all out—I called on Walton on Friday, the 11th, at 2 o'clock—I did not call there by Pewtress' instructions—I called at Pewtress' at 1 o'clock on the same day, and from what I heard there, I went to call at Walton's—my instructions from Captain Palliser were to inquire of Messrs. Pewtress about the good's—I did so, and went on to Captain Palliser and
reported what I was told—he was not with me at the time—he did not go into Pewtress', he left me at the corner—that was on Thursday the 10th, in the middle of the day—I called at Pewtress' also on the next day, and in consequence of what I heard, I went on to Walton's the same day—I paid you 4l. a week subsistence money; that is entered as weekly wages in the regular book—there is a workpeople's wages-book specially—I say I could not find the day-book—I looked for it—I did not want it very particularly—you generally entered the details of the orders that we put in the book, and I almost invariably carried out the figures into the money colums—the day-book was in the front room, the ground floor where you nearly always were—it was under your control whenever you wanted it—if I remember right I said in my deposition that I last saw the book at the end of November—the last entry in my handwriting is the 26th November—the book "EE" is the black book in which the weekly payments to you are entered; they are all in my handwriting—I have not got any receipts for that account, but the best proof that I paid them is the statements marked "C D," which have been referred to frequently, in which you put down yourself wages, c, 619l.—you would not have done so if that was not correct—I don't know a Mr. Miller—I have seen a Mr. Brown, a witness in the case—I don't. recollect opening the door to him when he came to your house, or seeing him in the front room; I did not have a conversation with him and another gentleman—Mr. Brown had offices in the same building and I had frequently seen him pass the door, and once I took up a letter to him left by mistake; that was a long time previous—I was engaged by Captain Palliser relative to your business—I was paid 3l. per week subsistence money, and if the invention turned out a success I was to have 10 per cent. on the profits—I have been about five months in the employ of Messrs. Palliser, or rather say since last July—I had known them before that; I was at Staff College with Captain Palliser and his brother—I wrote a letter to you on the 13th of December for an explanation—I wrote that of my own authority—I said I hoped that for your own credit you would be able to explain this transaction—I called there, but I could not find you—I was not at Nelson Square on Monday the 30th November, I am quite certain of that; nor on Tuesday the 1st December—I was ill on those days—I was there all subsequent days up to the 10th December—I was there on the 2nd, and saw Captain Palliser—I did not see him in the evening: it was on the evening of the 3rd I saw him, when the stamped agreement was made out—I was most likely there on the 28th and 29th, I could not say positively—I remember the fact of two gentlemen being downstairs when Captain Palliser called; I could not say the date—the arrangement on the 3rd between you and Captain Palliser was that you should pay them 1, 209l., they taking up the book debts, you taking up the bills owing and taking over the business—that arrangement was certamly not made before the 3rd, because the arrangement with Mr. Palliser did not expire till the 2nd December—I know of a company being formed, I drew up the prospectus—the Pallisers had a proof of it; they did not ap-prove of it, they declined to be responsible for a single statement in it—you told us you had arranged with Mr. Faulkner that he was to buy the business for 10, 000l. but it was all moonshine—I did not know you were negotiating a sale until the 3rd December, as far as regards that particular arrangement—I wrote this post-card (produced) to you, it is dated the 10th November:" All right, if your solicitor acts for them, no need of leaving here—they
shall set you up, as their names need not appear"—that refers to the arrangement with Mr. Faulkner—our title expired on the 2nd Decertify—that card does not say a word about the expiring of the agreement—it does not give you absolute power to do as you liked—I have written to the War Office—I was at Nelson Square on the 7th, 8th, and 9th of December—I did not see any goods being packed or being got ready—there was a pile of good in the front room, about ten or twenty dozen, and they remained there—they are now at the Minories—I was upstairs on those days—the men were doing the same as usual, cutting out in the usual way—they were not packing goods to my knowledge—I am not sure that I was there on Friday the 27th November, probably I was—I don't remember you having some one in the stock room showing goods to; now and then people came, and who they were I don't know—I remember being there the same evening as Mr. Pescock came in—I recollect someone else being there the same evening—I don't know who that was—Mr. Palliser was with me most of the time—Someone was upstairs with you during that time; I don't know that it was Mr. Walton, I did not see him—I did not see you on the 9th December—I wrote a letter to you about that date, requiring you to attend on a certain day—I did not know why the Company could not be formed; it was certainly not relative to me being put down as the secretary, and my name figuring in the papers about that date—you wrote to us from Liverpool on the 31st October or 1st November about the arrangement to sell to Mr. Faulkner—there was nothing about me in the papers till the 14th—you told us the same thing when you came back to London, and we heard of nothing but Mr. Faulkner and 10, 000l. for about a fortnight.
THOMAS GAME . I was in the employ of Messrs. Palliser at Nelson Square—I was there on the 2nd December—Mr. Symes told me to prepare for packing 21 1/2 dozen pairs of trousers to go to Messrs. Pewtress, the packers, of Cannon Street—I got a cart and took them there between 9 and 10 o'clock in the morning—I got a receipt from Pewtress' which I handed to Symes—on 10th December I prepared thirty dozen pairs of trowsers for them by Mr. Symes' orders, which I took in the same way to the same place between 9 and 10 o'clock in the morning—those are the only occasions I have taken them away without Mr. Coathupe's orders—once before Mr. Coathupe ordered me to take some; that was to the Minories—I did not see Mr. Coathupe on either of those occasions.
Cross-examined by the Prisoner. I was. employed by you—you engaged me—you paid me for two or three weeks, and then Mr. Coathupe paid me when you were out—when you were at home sometimes you paid me and sometimes Mr. Coathupe—you always gave me the order—I did not know Mr. Palliser or any of the Pallisers—I did not know I was their servant—there was no mystery about packing these goods—we were a day getting the first lot ready—I and Brown looked them out—we commenced at 10 o'clock in the morning and we were till past 6 o'clock in the evening, and we got them away to the packer's the next day—I did not see Mr. Costhupe at all that day—the goods were lying in the passage about an hour before they went—I have seen one pair of the trowsers since I packed them at the Southwark Police Court—I could not swear to them because there were none of them left—I believe I should know them if I saw them—on one occasion I packed some goods at Nelson Square besides those—I packed them in bales.
and am clerk to Messrs. Pewtress Co., of Cannon Street—on 3rd December I received a parcel of 21 1/2 dozen pairs of trowsers for Mr. Walton—I received a letter from Mr. Walton transferring them to Mr. Spiers—the original order was from Symes to receive the package on account of Walton—on 10th December we received another consignment of 30 dozen pairs of trowsers for Mr. Walton, and after being packed they were also transferred by Walton to Spiers and were afterwards forwarded to the docks—Mr. Walton inspected those lots—the goods came from Mr. Symes—I did not know anything of Pallisers at all until the second lot—it was on the 10th Captain. Coathupe came round first—that was after we had received them.
Cross-examined by the Prisoner. The goods were sent in an open way of business—they came in the morning, about 10 o'clock I should say—they were packed in bundles; anyone could see them—they came in an open cart with directions attached to them.
THOMAS JAMES WALTON . I am an export merchant—I saw the goods that were lodged at Pewtress'—I saw Mr. Symes about them on the 26th November—he called on me and represented himself as the manufacturer of trowsers under a new patent and asked me to buy them—he said he had them in stock and he wanted me to come to see them; he brought his patent with him—I went the next day to see them—I bought twenty-one and a half dozen first, and subsequently thirty dozen—he was introduced to me by a gentlemen named Baker, a twine manufacturer in Old Ford—I bought them on export terms—the amount charged for the first lot is 124l. 18s. 8d.—this is the invoice I received from Mr. Symes, and that says: "terms, four months from the first of the following month"—that means a four months' bill—a bill was not given on that lot—it has not been drawn yet—there has been no payment—a bill for 183l. odd was given on the 10th—I can explain that—the first lot were bought at four months' from the first of the following month; the goods were delivered on 2nd of December and the bill was to be drawn on 1st January—that was the first transaction I had with Mr. Symes, that was five months' credit—the second lot I brought off direct, and that bill was drawn from the date of the invoice, the day after the goods were delivered—Mr. Symes called up at my office with the bill already drawn for me to accept—I directed the goods to go to Pewtress—Mr. Spiers is an old friend of mine; he is a shipping agent and export merchant—he is agent for a house in Sydney; Mr. Moore, who is a merchant there—I really don't know that he is an auctioneer—I have not been there—I ship all my goods to Messrs. Moore—I arranged with Mr. Spiers about these two parcels of goods—the arrangement was the goods were to be shipped to Messrs. Moore and I was to draw an advance against the goods—I drew an advance of 63l. on the first, and on the second lot I drew 88l.—that is the net amount—I did not give any of that money to Mr. Symes—I told him what I was going to do with the goods, but he had nothing to do with my business?—I have one room on the fourth floor, some-where up near Heaven—I think that it was in 1866 that I was bankrupt, as near as I can recollect, and also in July, 1869; I was abroad at that time and never had any notice of that bankruptcy—I don't know that they made mean outlaw—I was bankrupt in 1866; I really don't recollect that it was for 14, 000l.—I don't know the amount—I believe there was something paid—In 1862 I made an arrangement—I don't recollect being bankrupt in 1860; you are going too far back; you will go right to my infancy—I had
known Mr. Baker a great may years—he introduced Mr. Symes to me—Mr. Baker is a large twine manufacturer in the west of England.
Cross-examined by the Prisoner. I never heard or saw of you until you called on me on 26th November with Mr. Baker—you did not show me any trowsers then—you showed me your patent—I think it was the next day or the day after that I came to see the trowsers—I saw a large quantity of them—all that I saw in the place were stamped with your name—I think it was on the 2nd December the goods were delivered—the arrangement between us for the payment was a four months' bill from the 1st January—you never did draw that bill—the second transaction was a four months' bill from the date of invoice—you drew upon me—I wrote out an order for those goods on the 6th or 7th December and they were sent to Pewtress' on the 10th—I gave you a bill on the 11th dated the 10th; the date of the invoice—you said you wanted to make me of the bill—I saw the first lot of goods at Pewtress' as well as at your house—it was a regular sale in the ordinary way of business.
Stephen Joseph Spiers. I am a merchant and commission agent at 10, Union Court, Old Broad Street—I was in Great St. Helen's but never in the same building with Mr. Walton—I have known him about at fifteen or eighteen years at least, probably more—he gave the delivered orders for these goods to Pewtress—I sent the goods to the London Docks I think—I made an advance of 75l. on the first lot—the next amount is 63l. is. 5d.—the other amounts are paid to the packers and the insurance office—my share is 10 per cent.—I should like you to find out more—the carriage was paid—the 10 per cent. charge is for the exchange between this country and Australia—they were sent for sale on arrival without reserve by Messrs. Charles Moore Co.—they are auctioneers and merchants—my usual commission is 7 1/2 per cent. on the gross proceeds—I never refused to show the goods—an injunction was obtained against me—I was not to part with the goods until this trial was over.
Cross-examined by the Prisoner. I have never seen or heard of you before.
JOHN ERNEST JONES . I am a member of the firm of Turner, Jones, and Thomas, tailors in a large way of business at Bristol—I was the inventor of a method of cutting out trowsers with a great economy of material—the prisoner was in our employment in March, 1873, for three months' as a traveller—he had an opportunity of seeing the method of my patent—some trowsers have been shown to me by the solicitor for the prosecution and they are cut out in the same way as by my patent.
Cross-examined by the Prisoner. I have seen your so-called patent at Messrs Palliser's—you were engaged as our representative—I should think you have seen our system of cutting goods; decidedly you did—I don't know who showed it to you—you obtained it—I did not show it—I am not the patentee—I am the inventor—I believe it is patented—I have used the method for fifteen years—I can produce goods cut in the same way as you have cut them, and 1 have done so.
The prisoner in his defence handed in what was in fact a brief prepared for counsel, parts of which were read, (the substance of which was embodied in his cross-examination of the witnesses; he further stated that as the arrangements with Messrs. Palliser was about to terminate the considered that he had a perfect right to dispose of such property as was on his premises, the amount of which would have to be deducted upon a settlement taking place between then
The following witnesses were then examined by the prisoner in his defence.
WILLIAM ADOLPHUS ALLCORN . I am a financial agent—I have known you about eighteen months—I was aware you had a patent for cutting trowsers, you told me of it yourself about last June—I was aware your patent was about being sold—I negociated in the first instance with Messrs. Eaton James Co., of Moorgate Street, for the sale of it, and through them I was introduced to Cornelius Downs, of Gresham Street, who has made an arrangement that as soon as this trial is over he would engage to pay 10, 000l. for this patent—he agreed to that on 5th January last the first was made on the 5th December last year with Messrs. Eaton James Co., and they introduced me to Mr. Cornelius Downs, and he made that first arrangement on 5th December—he made a second arrangement afterwards depending on the result of his trial, on the 5th January—that would have been carried out if this prosecution had not been instituted—the money would have been paid on the 5th January—the arrangement for payment was made on 5th December and one month was the time given for payment—I have been in the habit of coming to your house—I have seen your day-book—I have extended entries for you in the day-book—I called one evening and you said could I extend some figures for you which I readily did—that was on 2nd December—I should know my own figures if I saw them—(day-book produced)—this extension is mine—the prices of the trowsers were put down, and the number of pairs there were, and I made the calculation and carried the amount out—that entry was certainly made before you were in custody—I made two entries—you told me that Messrs. Palliser had told you verbally that they were willing to be paid out—I said it was advisable that they should be because a company could be formed, but its prospects have been somewhat injured by this trial—you told me that arrangements had been made verbally, and I said you must get it in writing—that would be about a fortnight or three weeks before the 2nd December—I saw the proposal in writing afterwards—I should know it if I was to see it—I have seen this (produced) before—I saw it before it was stamped—it was through an effort that I made that the money was raised to pay Pallisers out—I went to Mr. Miller and he was willing to advance 2, 000l. and afterwards he lessened the sum to 1, 800l., which was ultimately the sum decided to be advanced—I saw some writing in pencil on a blank page in the day-book—I saw the inventory of the stock of trowsers-and ex-tended the figures—the amount was somewhere about 1, 880l. as far as I recollect, the first arrangement with Eaton James was about September.
Cross-examined by MR. METCALFE. I have known the prisoner eighteen months—I made the entries in his book on 2nd December—I went to see Mr. Symes, and being there, I made them—the entries were in Mr. Symes' writing—I did not see him make them—I made out three invoices the same evening—I daresay I made Walton's invoice out—Yes I did—I recognize my figures—I made the whole of that invoice out except the heading, and that is Mr. Symes'—that is marked "R" in the exhibit—I made that out on the evening of 2nd December—"S" was also extended by me—it is all my handwriting except the heading—that was dated the 10th December—it was three or four days after the 2nd that I made that out—I can't say to a day or two, but it was within a week—the second was on a Tues-day, and I made this out within seven days after that—the goods were in the place when I made out the invoice, and that is all I can go by—there had been no removal of goods by Pallisers', I mean—I made out the invoice
of the 10th before the 10th—I could not swear how long before a day or two—Mr. Symes did not feel competent to extend the figures—he told me his hand was bad, but he thought if I would extend the figures perhaps he would feel he could have more confidence in the account—that was also made out in the evening—I had known Mr. Coathupe in the city I did not know his duties—I knew he was in the habit of coming to Nelson Square on some duty—I think I probably knew that if the invoices were left till the morning he would make them out, and took it for granted he would—I made them out simply because Mr. Symes asked me, and if I would be kind enough to do so—I knew at that time that Palliser's had an interest, but I knew that Mr. Symes had made an arrangement to pay them out—I did not mention Mr. Cornelius Downs before to-day—I mentioned; Mr. Eaton James and Mr. Miller at the Police Court—I said I was negotiating with Miller—I do not know that Miller was recently a bankrupt or liquidating—I will swear I did not know that Mr. Miller was not going to advance the money—Mr. Hart, a client of his, was going to advance the money—I don't know that Mr. Hart is here—I don't know who is here—I have not seen Mr. Miller here or anyone from Mr. Eaton James that I know—Mr. Cornelius Downs is in South America—he was called—he went off very rapidly—he has agreed in writing to pay 10, 000l.—I have not got that writing—this is the only transaction in which I have been mixed up with the prisoner—Mr. Denny spoke to me about the sale of a public-house, and asked me to get rid of it—I did not try to get rid of it to Symes—he spoke to me about wanting a public-house—I brought them together; that was the first occasion that I knew Symes—I introduced him to Mr. Denny—Mr. Denny introduced the subject of the public-house to him, and got 100l. out of him—I know nothing about the introduction—I don't know Miss Clara Denny—I never saw her in my life—I had nothing to do with a Loan Society in Covent Garden—I know nothing of a loan being obtained—it was brought to my knowledge afterwards by Mr. Symes asking me if I would go and buy a loan up—he gave them a bill which was not met at maturity, and I went and proposed to buy the loan up to prevent their taking proceedings—I carry on my business at 68, Bagshot Street, Albany Road.
Re-examined. I should not know the date that I made out these invoices, saving that I remember making the statement that it was my birth-day, and that was the 2nd December—it was a Wednesday—you said you wanted to get them ready that night, and seeing the condition of your hand I did it for you.
CHARLES ARTHUR BROWN . I am an auctioneer, surveyor, and financial agent—on the 29th or 30th November you were first introduced to me by a firm of solicitors in the City, who applied to us to procure for you a loan of 2, 000l. upon your stock of trowsers—we were given to understand that Sir. William Palliser was about to be paid off, and that as soon as he was paid off a company was to be formed, and that the money was required for that purpose—I called at your house to see the goods, and I brought a gentleman once, Mr. Hart of Bury Street, who was about to advance the money—he undertook to advance 7s. a pair for every pair you liked to bring him, and he said if the patent turned out as you represent he would give you 10, 000l. for it—Lionel Collins and Mr. Crawford were present—an appointment was made next day for you to come and demonstrate your patent—I think it was about four days afterwards that I went
with you to Mr. Hart—you wanted the goods to remain at your house because you were desirous of carrying on your business, and it was a sine qua non with Mr. Hart that the goods should be lodged with him—the 7s. a pair for the trowsers would have amounted to about 1, 700l.; there were more than 5, 000 pairs.
Cross-examined. Mr. Hart is a large buyer of old regimentals and things of that kind, a kind of shopper, he is also a money-lender—he does very largely in Government stores and such like, he saw samples of the trowsers—Mr. Symes met us by appointment with the samples about the first week in December—I never saw Mr. Hart until that day, and I have not seen him since—he did not refuse to have anything to do with it—he was willing to advance 7s. a pair—my business address is 5, Saltershall Street—I heard that the object of raising the money was to pay off Pallisers partly from Mr. Symes' solicitors, Messrs. Chorley Crawford—we were instructed by them—they were endeavouring to arrange the preliminaries for a company for this patent, and it was necessary to get rid of Palliser's liability before the patent could be dealt with.
ANNIE EDITH PRUDENCE SYMES . I am the prisoner's daughter—I recollect Mr. Coathupe coming to our house and seeing mamma after the goods were taken away, he said if he had been there the things would not have been taken away—it was one of Sir William's hot-headed tricks—he said he wanted to know how much damage was done to the staircase because he had money to pay for it, and he wanted to her to take 12S. for rent—I was present when Mr. Field came, me and the servant went to fetch you—some trowsers had been sent away—about twelve men came and took them away.
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 5TH, 1875.