CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 5TH, 1875.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 5th, 1875, and following days,
BEFORE THE RIGHT HON. DAVID HENRY STONE, LORD MAYOR of the City of London; The Hon. Sir COLIN BLACKBURN , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir CHARLES POLLOCK , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir ROBERT WALTER CARDEN , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., and ROBERT BESLEY , Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; WILLIAM JAMES RICHMOND COTTON , Esq., THOMAS SCAMBLER OWDEN, Esq., and Sir THOMAS WYATT TRUSCOTT, Knt., other 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. EIGHTH 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, June 5th, 1875.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and STRAIGHT conducted the Prosecution; and
MR. RIBTON the Defence.
JAMES BUGBY (Police Sergeant H 20). On the evening of 2nd February, about 7.30, I was on duty at the Church Street Station—the defendant came there and charged a man named Davis—I produce the charge sheet which he signed in my presence after it was read over to Davis. (This charged Charles Davis, of the Halifax Arms, Halifax Street, Mile End New Town with being concerned with one William Furze in stealing 5l., a handkerchief, and valuable papers from the defendant's coat pocket.)
Cross-examined. Furze was then in custody on remand—he was after wards discharged—I don't know where he is now, I have not made any inquiry—I can't say anything on oath about him previously; he has had seven years' penal servitude—I have seen it in our Gazette—I got information about him from constable Cowley, he is not here, he took both the prisoners in custody.
JAMES TOWSEY . I am lessee and occupier of the Rose Tavern in Dock Street, Whitechapel—I was at the Worship Street Police Court on 3rd February when Davis and Furze were charged with robbing the defendant of a pocket book and 6l. in the Halifax Arms on 1st February—I saw the defendant sworn and heard him give his evidence—he said he was at the Halifax Arms on 1st February at a benefit for a man named Travers, that he heard Davis say to Furze "Go round and get a card out of him, he has some quids," that Furze went to him and put his hand in his coat pocket, that some women then called his attention to it and said he had been robbed, that he was afraid to speak in case of being molested and ill-used—he said he missed his pocket-book and 6l—further evidence was heard and Davis was subsequently discharged by the Magistrate—I don't know
anything about Furze's case—I was at the Halifax Arms about 7 o'clock on 2nd February, it might be between 7 and 8 o'clock, I think it was before 8 o'clock—I walked with Mackay to the station, as he did not know the way—on the road I said it was a very serious thing of him locking a man up in a case like this—he made use of very obscene language and said he did not care, he knew as much as Davis did, and he would b----up the license at the Halifax Arms unless his friends came down in the morning with 150 quid, and if I was a friend of his I ought to produce some portion of it—I know the prisoner's handwriting, these letters (produced) are all in his writing.
Cross-examined. It was about the middle part of the day when Mackay gave his evidence at the Police Court, somewhere about dinner time—I did not take a note of what he said, I am speaking from memory—I did not give my evidence till 15th April—I had the Halifax Arms once myself, I bought it about this time twelve months and sold it to Davis—I had the Rose at the same time as the Halifax Arms—I was at the Grapes in Houndsditch about eighteen months ago, I sold that and lived out of business for a month—I then bought the Rose and the Halifax Arms together—I kept the Rose and put my son-in-law, Mr. Morgan, in the other as 1 could not hold two licenses; the Halifax Arms was transferred to Davis just before last Christmas—Morgan was in it about nine months, or six or seven months—I did not keep a beershop in Boston Street, Hackney Road, I had a licensed public-house there, I sold it ten years ago, I had it about eighteen months and sold it to very good advantage—I have had thirteen licensed houses in the city and suburbs within twenty-six years.
WILLIAM HENRY ARMSTRONG . I am managing Common Law clerk to Messrs. Burchell, solicitors in the Broad Sanctuary, Westminster—they are the solicitors acting for Messrs. Carter Wood, the brewers—I was at the Police Court on 3rd February, when this case against Davis was heard before Mr. Hannay—I took a note of what Mackay swore on that occasion (referring to it) he said that his name was William Mackay, living at 3, Thomas Street, Hackney Road, a licensed victualler's broker—on Monday night last, 1st February, he was at the Halifax Arms, at the house kept by Davis, it was a benefit night of a friend of his—he said "He asked me to take some tickets, and 1 took 5l. worth, I took the trouble to send them out; in the evening I went to the Halifax Arms, I went upstairs into the club-room. When I came downstairs 1 walked to the bar; I was standing at the far end of the bar, the prisoner was standing talking to another man, I heard Davis say to the other man Get a card out of his pocket, he has got some quids. Then Furze came round the corner and stood on my right hand side, I felt somebody's hand in my pocket, and I missed my pocket handkerchief. There were two women there, one of the women said 'I saw him put his hand into your pocket.' Directly Davis had said this Furze went round to my pocket. There was a very rough lot there, and I gave instructions to a detective and he captured Furze, and in the evening I took Davis. There was 6l. in gold and papers in the pocket-book; I found the papers in my box this morning at my private residence.
Cross-examined by MR. METCALFE. My name is William Mackay, I am a licensed victualler's broker, that is my trade" (a large card was produced)—I think a copy is attached to the deposition with one of the letters—he said "That is my card. The first thing I heard was the sentence 1 mentioned. I understood what he meant about the quids, I was two yards off. I found the money for Davis to go in
the house. Then there was a letter of December 20th, 1874, put in, and then he was asked whether he had ever been an attorney's clerk, and what he was, and he said he carried on business as a public-house broker at 32, Coleman-street, Bank"—that is all I have taken down—the man was discharged without any one being called for the defence.
Cross-examined. Notes were taken by the Magistrate's clerk—I took down all I thought material, we were acting for the defence—I took down every word he said in chief, and the cross-examination as far as it goes—he may have said a little more—I did not give evidence before the Magistrate when the prisoner was charged with perjury—I heard Towsey give evidence as to what he heard Mackay say—I don't remember an objection being taken by Mackay—Mr. Hannay sent for the depositions that had been taken on 3rd February, and they were produced, they were written in a book—I don't think I had this paper in my pocket at the time, it was at the office—I did not tell the Magistrate that I had taken it, it was not necessary—I did not mention to anybody that I had taken it, I brought it here to-day with other papers in the action, because I thought it might be wanted—there were two actions brought by Mackay, one against Davis and one against Towsey—he admitted in both actions that he had not any ground for the claim—the first writ was on 18th January 1875, for 42l. 8s., there had been a writ before that, but we had nothing to do with that, Mackay had settled that between himself and Davis—I believe the claim on 18th January was for cash lent and work and labour done—Davis brought the writ to me—I took his written instructions to enter an appearance, which I did in due course—Mackay delivered a declaration on 28th January, and notice of trial, and we pleaded in due course on 10th February—here is the replication dated 18th March, I suppose the issue would be delivered with it—he was not threatened that if he proceeded with the action there would be a summons for perjury against him, I believe a summons was applied for about 25th March—the action is not still pending—it was put an end to by a letter from Mackay "I hereby withdraw from both my actions, and I further undertake and agree never to proceed with them, and also to pay whatever law costs have been incurred; with regard to the charge I made against Mr. Davis, I entirely exonerate him from the same"—I heard that letter read before the Magistrate—in another letter he not only countermanded the notice of trial, but he said that his attorney had been acting without his instructions.
CHARLES DAVIS . In February I was lessee and occupier of the Halifax Arms—I have been a pugilist—I was at my public-house on the lot of February—Mackay was there, also Furze—I did not tell Furze to take a card from Mackay's pocket as he had got some quids; I never spoke to Furze, I did not in any way assist Furze in robbing him—I did not know that night of his having been robbed—I was on the premises on Tuesday morning, 2nd February, between 11 and 12 o'clock; Mackay came there—he had two glasses of ale, and I another gentleman were behind the bar; and just before be left he said to us "Now you sods, I am going to nick a ticket-of-leave man, and if that don't settle the license of the b----Halifax Arms, I will do it. by fair means or foul"—I was married that morning, and had just fetched my wife home—at 7.30 that evening Mackay came in with a detective and gave me in charge for being concerned with Furze, in robbing him of a pocket-book and 5l.—on the 3rd I was taken before Mr.
Hannay, Mackay gave his evidence, and I was discharged—I instructed Messrs. Burchell to take out a summons against him for perjury—he has no claim against me for money due to him, he owes we money.
Cross-examined. I have been a fighting man; I am not now—I was tried for manslaughter at Maidstone, and you defended me—I was acquitted—I had nothing to do with the fight—I was taken for being at the fight asan accessory—it is very nearly two and a half years since I fought in the ring—I have not been in any other trouble—about twelve years ago I was locked up for being along with some chaps that were trying to steal some tea, and I was in prison for two months—when I first communicated with Mackay about the purchase of the Halifax Arms, I was a billiard marker:—I had been manager at the White Swan public-house, 227, Mile End Road—I had just come out of it—I had had a bit of a quarrel with the landlord—he did not charge me with anything; he sent his wife after me to get me back and manage the house for him—I had been billiard marker at the Earl of Warwick, in the Mile End Road—I was there nearly twelve months—I was not discharged, I left to take the management of the White Swan—I was not charged with cheating the players—there was no charge against me at the White Swan for robbing the till—I was born in Australia—I was between seven and eight years of age when I came away—I have never been there since—I had been out of the White Swan five or six weeks before I commenced to negotiate for the Halifax Arms; during that time I was enjoying myself, I had been hard at work for eight or nine months and I thought 1 would have a week or two—I did not know that Mackay was a public-house broker till he told me—he spoke to me at the White Swan—I had not much to pay down for the Halifax Arms; I had some acceptances from friends, and some 100l.; but out of that Mackay cashed a bill and stuck to 25l.—I had not a farthing of money to pay down—Mackay did not negotiate the whole of it—I cashed the bills—I had the money to go in, less the 25l. That he stopped—I am not aware that he negotiated with the brewers for the loan of the money for me to go into the house; I did not; Mr. Towsey did 1 believe—the brewers offered to advance me 900l., being a public man, but I did not know that Mackay had been the means of getting it; I swear that—1,000l. was the price of the house—Mackay did not get four bills of 25l. each for me for the other hundred pounds; he did not get them accepted, he got one and kept the money—one I took away and gave back to the party, because I did not want it; the 25l. that he kept I had borrowed from another gentlemen, or I could not have gone into the house, and the other two I paid—Mr. Towsey discounted one—Mackay did not get it discounted—a wine merchant discounted the other; I did not know the wine merchant—it was accepted on the night of the change, nobody got him to accept it; he offered to do so and I was offered money besides by Mr. Muddle, a friend of mine, a publican—the negotiation was going on for five or six weeks before I got into the house—I saw Mackay in reference to it during that time, twenty times I should think; it might have been more or less, and he kept writing letters to me to go and see him—he did not tell me of communications he had had with the brewers, he told me of communications he had had with Mr. Towsey—he never told me that he had seen the brewers, or that he had been several times to them to induce them to advance the money; he told me that Mr. Towsey had—I have not gone with Mackay to the brewers; I met him there once, he went to give me a good character if I required one—he did not give a written guarantee to pay the four 25l. bills if I did not take them up;
no guarantee was given—I don't know what he did about the bill that he cashed, because I did not have the money—the others were accepted on my word—I asked them—he did not hand me any money on the night of the transfer—the charge against me was made up of the broker's charge, four teen guineas, and Mr. Towsey's the same—I did not agree to pay both—Mackay did not lend me 13l. out of the 25l., not a penny—I saw him bring Mr. Pode and Mr. Boatland to my house in a cab one night, that is all I know of them—I did not in their presence acknowledge that I owed Mackay 42l. 8s.; I did not see any affidavits made by them—I heard from Messrs. Burchell that they were made. (Mr. Armstrong. They were not made—they took out notices, and gave us copies, but the affidavits were never sworn.) On the night in question there was a benefit for Bob Travers, not a sparring match—I should think there were 100 persons upstairs—there were a few fighting men among them, no woman—I decline to answer whether there was a rat match there a short time before—I should think Mackay came downstairs on this night about 10.30, from that to 11 o'clock—there might have been eight or nine or ten persons at the bar when he came down, not more than a dozen—I knew most of them as customers, and knew several of their names—there were several women and their husbands; I knew them—there were no women of the town to my knowledge; I am sure of that, I don't, allow them there—there was a man "named Grant, a labourer and his wife, and Armstrong and his wife; I knew them as customers they are not here—at the time this is said to have happened they were drinking at different parts of the bar; there was no noise or confusion, everything was quiet—I was behind the bar with Mr. Payne, he lives at the house; he goes by the name of Beverley because his wife is a professional singer—he has lived in the house almost ever since I have been there—I do not know Joseph Donaldson—I never heard of a man complaining of being drugged and attempted to be robbed at my house at the end of January—all the time I have been in the house I have never had a complaint till Mackay made it—I know that he took some tickets for this benefit; I don't know how many, or the price—Furze was no acquaintance of mine; I knew him from coming to the house, for a month I should think—I knew nothing about his antecedents till I was told by Detective Cowley, and I then forbade him the house and he has not been since; that was after this—I don't know where he is—my brother was there that night; he is not here—I believe he was conducting the room upstairs for the man that had the benefit—he was downstairs at the time this happened—Jane Harrison was not there that I know of—there were one or two women there that Mackay used to write to and treat; they were his friends, not mine—Turk was not there at 10.30.
Re-examined. I have never been charged with any act of dishonesty except that twelve years ago—I have held the license of this house since 15th December, 1874—I gave the 25l. bill to Mackay to get cashed for me because he said it was the broker's business to pay the money down on the night of the exchange—I have never received any of that; I have had to pay it in hard cash.
EDWIN ESTALL . I am manager to Messrs. Carter Wood, brewers, in Victoria Street, Westminster—they have a monetary interest in the Halifax Arms public-house—I received two letters dated 2nd February—on one occasion the defendant brought Davis to our place to know whether we would transfer the house to him, representing that he was a likely man to
conduct the trade, and hoping that we would assist him in it—that was the only interview I had.
Cross-examined. I could not tell you when that was; it was prior to the change, which generally happens about a fortnight or three weeks after the interview—no one else would see him relative to business but myself—Towsey had come—we have known him for several years—I saw nothing of Davis till the night of the change—I do not think I saw Davis in the interval—we consented to transfer the mortgage—I had not communicated with Mackay by letter—I had not known him before—he introduced himself as a public-house broker—we knew Towsey—I don't know "whether he was present at the time, but he was interested in transferring the house to Davis simply because he thought he was a very good man—Towsey was a man we knew as being in some way connected with the Licensed Victuallers' Asylum or something of that sort; a man in a good position.
Re-examined. I believe this was Mackay's first transaction as a public-house broker.
HENRY PAYNE . I live at the Halifax Arms, Halifax Street, and am a house decorator—I was there on 1st February assisting Davis, the proprietor, from 11 o'clock till about 12.30 at night—I saw the prisoner there—he came downstairs from the club-room about 11 o'clock or 11.15, as near as I can recollect—I was at that time behind the bar with Davis—I saw Furze in front of the bar—I did not hear Davis say to Furze while Mackay was in front of the bar "Get a card out of his pocket, he has quids"—the bar is a pretty large one; a good middlingsized bar—if it had been said I must have heard it—I did not hear him speak to him at all—I did not hear anything said by anybody about Furze having his hand in Mackay's pocket—I did not see Davis speak to Furze and then see Furze go and stand by the side of Mackay—if he had done so I must have seen it—I did not hear any women say anything—Furze left about 12.15 or 12.20—he did not return again that night—Mackay had had some drink in the house—he did not pay for it—he said "Put it down to the old score"—we had some bother in getting him out that night—we had to send for two policemen to get him out—they removed him—I did not hear him say a word about having been robbed—if he had made such a complaint in the presence of the policemen. I must have heard it—next morning, Tuesday, I was in the Halifax Arms at 11 o'clock, when Davis was there, behind the bar—Mackay came in; he called for some ale, and after he had drunk it he said "Now, you sods, I am going to nick a ticket-of-leave man, and if that don't settle the license of the b----Halifax Arms I will do it by fair means or four—he did not charge Davis with anything that morning—he then left the house—I have never passed by the name of Beverley; they called me Beverley because they knew my wife in that name; that was her maiden name, and she is a professional singer.
Cross-examined. They call me Beverley at the public-house—I am a house decorator—I was at my work last week—I can't tell how many persons had been upstairs at the benefit—I was not upstairs—I did not see any sparring—when I came home about 10.45 I should think there were about fourteen or fifteen persons in the bar—I heard the prisoner say before the Magistrate after I had given my evidence "Do you find, sir, that I said it was 10 o'clock"—I did not hear Mr. Hannay say "That is so, and it would certainly seem to make this gentleman's evidence valueless"—I did hear the defendant say that he had stated that the robbery took
place at 10 o'clock—I saw him come down from the room—I knew the people in front of the bar as customers—there were some women there—some of the people were drinking, and some were not—Mackay appeared to me to be drunk—I had seen a good deal of him at the public-house, and he had been drinking a good deal there—I never knew Furze, till I saw him at the house, and I believe that was the first time I had seen him—in my life—I knew the names of one or two persons who were in front of the bar—I don't know Jane Harrison—I know a girl, they used to call "Jane," and who came there—I don't know anyone of the name of Donaldson—I was never present at a rat match—I never heard anything about it—I did not hear there had been a complaint that a man had been robbed there before—I lived at this public-house, because Mr. Davis was a friend of mine, and he asked me to come and help him in the bar in the evening—I am married to Miss Beverley, and she still retains her maiden name—she lives at this house—she sings of a night—I have not seen much roughness in that neighbourhood—not more than there is in any other part of London.
Re-examined. After the prisoner came from the upstairs room he remained downstairs for about half an hour before he left—I served him with some drink after he came downstairs.
THOMAS FREDERICK TURK . I live at 65, Beaumont Square, and am a publican out of business—on the morning of 2nd February, I was in Mackay's company with Towsey—we went to the Halifax Arms, at that time Davis had just been given into custody—I went down to the station, and on the way I asked Mackay what was the cause of it, and he said "I know what I am about. I know as much as Charles Davis, unless I get 100 quid I will b----up the license of the Halifax Arms"—those were his words as near as I can remember.
Cross-examined. I don't remember whether or not I told the officer what I have now stated, in fact I am certain that I did not—I don't know what you mean by asking me if I am a pugilist, I should not allow a man to take a liberty with me—I have never fought in the ring—I have had a good many fights, and I should to-day if any one molested me—I have never fought by appointment for money—I could not tell you how many fights I have had, I have had so many—my last fight was some time back, I am getting too old—I don't know Furze, I never knew such a man—I have never been a witness in this Court before to my knowledge—I have been a witness—I remember the stamp office robbery at Manchester, it was tried at Manchester; I went down there; I was subpoenaed as a witness for the pri soner—I don't remember a watch robbery in St. Martin's Court in London—I was not a witness here in the watch robbery that I recollect, if I have ever been I must have forgotten it for I don't recollect it—I don't recollect that I have given evidence in this Court.
Re-examined. I attended on the morning of the 3rd at the Worship Street Police Court for the purpose of giving my evidence—the charge was dismissed on the evidence of Mackay before the Defendant had the opportunity of calling witnesses.
HENRY DONEY (Policeman H 246). On the night of 1st February, about 12.25, I was with 215 H outside the Halifax Arms—Mr. Davis called us in—I saw Mackay in front of the bar and Davis requested him to leave the house and he refused—he put his elbow on the bar counter and clenched his fist and said "You b----I should like to give you a taste of this"—I called his attention to the time and told him that it was closing up time—he then left the house and went up Halifax Street—he did not make any
complaint to me of having been robbed that night—I did not hear anything whatever that evening—there was no one eke in the house, with the exception of himself as far as the public was concerned, he was the only one—I remained on my beat till 6 o'clock the next morning but I did not see anything more of Mackay.
Cross-examined. I don't know Furze—I don't know whether Cowley was at the station that night—the prisoner seemed to have been drinking.
ROBERT VICKERY (Policeman If 216). On the night of 1st February I was on duty with money outside the Halifax Arms—I saw the defendant there refusing to leave—he did not make any complaint to me at that time of being robbed or having lost anything—there was no one else but the prisoner in the house when we went in—I was on duty till 6 o'clock in the morning—I did not see anything more of Mackay that night nor was any complaint made to me.
Cross-examined. I don't know much of this public-house—I had only been on that beat three weeks—it is not a more troublesome neighbourhood than other places.
Cross-examined. That is the letter that Mackay brought himself, or else it was brought by his daughter—he called upon me when he came out of prison and begged of me to withdraw from this charge—he came out on a Saturday, I think—he was kept in prison till he found bail, and after he obtained bail he came to me with his wife—I think the letter was written the day before he came, but I won't be positive—I am sure the letter was written before I had an interview with him—his wife came first and sent him the next day or the same day—I did not have any conversation with him about that letter, or with anyone on his behalf—the letter stated "I hereby withdraw from both my actions against you two, and I further undertake to agree never to proceed with them against you in any circumstances whatever"—there was no arrangement that if he withdrew from the action that I was not to go on with the perjury—the summons for perjury had been taken out before the letter was written—he came to me and asked me to withdraw the summons—that was the same day or the next day after the letter was written—the letter was brought to me for me to take to the brewer to show them, to try and induce them to intercede with Davis to get him to give up the prosecution for perjury—I read the letter; it was in an envelope, but not closed—he brought the letter and gave it to me—I know now that he came with the letter—I did not go to Mr. Davis; I did not promise to go—his wife came on the same day that he brought the letter; she came in the morning and he came in the after noon—I was disgusted with him and her too, and I took no notice—I said that her husband was a very bad man and I would not intercede, if he wanted to see me he had better come, and he brought this letter.
Re-examined. This is the envelope in which the letter came—he gave it to me open, and it has never been sealed, (The letters, proved to be in the prisoner's handwriting, addressed to the prosecutor, were read. The first few contained the charge of robbery, as appears in the evidence, and protesting that unless stopped and settled with he should proceed with the prosecution; the later letters were from the prison, withdrawing the accusation, and stating there there was no ground for the, charge he had made.)
The Prisoner received a good character— Five Years' Penal Servitude.
370. LOUISA MARY NORTHWOOD (34), PLEADED GUILTY to stealing a post-letter containing 15s., the property of Her Majesty's Postmaster-General. She received an excellent character—Twelve Months' Imprisonment.
NEW COURT.—Monday, June 7th, 1875.
Before Mr. Common Serjeant.
GEORGE BELLAMY . I am assistant to Mr. Arnold, a stationer, of 29, Poultry—on 11th May I served the prisoner with a penny pencil—he gave me a shilling—I put it in the till where there was other silver, but I cannot say whether there were other shillings, and gave him 11d. change—I was in conversation with William Moore, who spoke to me after the prisoner left, and I took a coin from the till not a minute afterwards and tested it—I am not sure it was the same coin, but as far as I know it was—I found it was bad and placed it in my desk by itself till I gave it to the officer—next day, about 2.30, the prisoner came again; he was smoking—I recognised him—he asked me for a 2d. stick of sealing-wax and gave me a florin—I asked him if he had any smaller change; he said "I have only these," pointing to two half-crowns in his hand—I bent the florin in the tester, but he did not see that—while I was looking for change he said "I have 2d." and placed it on the counter—he asked me two or three times to give him the coin back, but I called Mr. Arnold and told him that the prisoner had uttered the florin and a shilling on the previous night—the prisoner said that it was entirely a mistake—Mr. Arnold detained him and I went for a constable—the prisoner said that he had never been there before.
Cross-examined. The first occasion was about 6 p.m.; we open at 8.30 a.m.—the till into which this shilling was put, pulls out and pushes back; it is about 12 inches long—Mr. Moore is below me in position—I was flurried on the second occasion because I felt it my duty to give the prisoner in custody.
Re-examined. I picked out this shilling because it was the nearest to me and examined the other silver, but that was the only bad one.
WILLIAM MOORE . I am another assistant to Mr. Arnold—I saw the prisoner come on 11th May, he asked for a pencil, and gave Bellamy a shilling which was tested after he left, and found to be bad—the prisoner is the man—I was not present the next day.
DAVID MOPPETT (City Policeman 558). On 12th May Bellamy called me, I told the prisoner the charge; he said that it was a mistake—I searched Him at the station, and found two half-crowns, four shillings, a threepenny piece, and 2d., all good and a stick of sealing wax—he gave his name Alfred Simmonds, High Street, Maidstone—the charge was read over to him and he said that it was a mistake altogether—his sister was at the Police Court, she lives in Marchmont-Street, Russel Square.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution; MR. STRAIGHT defended
Wurndley; and MR. CHARLES MATHEWS defended Smith.
three doors south of the Agricultural Hall—on 3rd May between 6 and," o'clock, Wurndley came in for a 2d. cigar, and laid a florin on the case; I tested it and it bent—I told him it was bad, and he paid me with coppers and left—I watched him; he went to the right and stood at the edge of the pavement smoking the cigar—he crossed the road and met Walker, they went down Charlton Place, and had some conversation—I called a constable, and while I was speaking to him I lost sight of them—the constable went with me to Camden Passage, where I saw Wurndley alone, and he was taken in custody.
Cross-examined by MR. STRAIGHT. Eight or ten minutes elapsed from the time he gave the florin till he was given in custody—I did not bend the coin much, but it bent easily.
ARTHUR SEARLE . I work at a greengrocer's at Charlton Passage, Islington—on 3rd May about 6.30 p.m., I saw the three prisoners and another man leaning against a window in Camden Passage—they walked up the passage, and Walker and the one not here, went into the Duke of Sussex public-house, and Smith went into a greengrocer's—Wurndley went toward the York—Mr. Parker came down and pointed him out to a constable, who took him—Smith came out of the greengrocer's, and went into the Duke of Sussex—I went in there with Mr. Andrews, who sent for a constable—I then went back to the shop.
Cross-examined by MR. STRAIGHT. These four people were about a quarter of an hour under my observation—there were not many people passing.
EMMA ANDREWS . I am the wife of William Andrews, a grocer, of 19, Pierrepoint Bow, Islington—that is close to Camden Passage—on 3rd May, between 6 and 7 o'clock, Walker, I believe it was, came in for two eggs, which came to 3d.; he gave me a florin—I gave him the change, and after he left I Lund it was bad and gave it to my husband—Searle came in and spoke to me, and my husband went out with the florin in his hand.
Cross-examined by the prisoner Walker. I tried it almost before you left the shop—if you were in the public-house at the time, it was somebody very much like you.
WILLIAM ANDREWS . I am the husband of the last witness—on 3rd May I was in the-parlour, but could see my wife plainly, and I saw the prisoner come in and pass something to her—Searle then came in and said something—I looked at the coin, saw that it was bad, and went out to the Duke of Sussex—I saw Smith there and told him he had passed a bad two shilling bit—he said that he had not been in the shop—I said that he had—I asked the landlord where the other one was who went in with him—he said "In the yard' '—I went out to look for a constable, and saw one who bad Werndley in custody—I said "You had better come back, here are two more of them here"—I saw Walker there, and had him taken in custody—I saw nothing drop from Wurndley.
Cross-examined by MR. MATTHEWS. Smith said that he had not been in he shop at all—I cannot swear to the person who tendered the florin.
EDWARD HUISH . I keep the Duke of Sussex—on 3rd May Walker and smith came in with a man who is not here and who did not have anything—he left first—the other two drank together and stayed eight or ten minutes—they all three went into the back yard—Smith and the one who is not here came back, and while Smith was at the bar Wurndley looked in with Mr. Andrews who asked me if there were any young men out at the
back—I said "Yes two or three"—Smith was standing in the bar when the policeman came.
Re-examined. When Andrews came back with the other two no one was in the house but Smith: I fetched Walker from the yard and they were all three taken away—as they left I went to the front of the bar and picked up this leather purse containing coin which was on the floor near where Smith and Walker were standing, I took it to the station.
Cross-examined by MR. STRAIGHT. Wurndley came inside, looked into the tap room and went out again without speaking to anybody.'
Cross-examined by the prisoner Walker. A lot of people came into the bar after you—you were two or three minutes in the house.
Cross-examined by MR. MATTHEWS. When Wurndley came in in custody the bar was nearly full—the constable only came in once—Andrews came in before the constable and again afterwards.
WALTER GRIGSBY (Policeman N 328). On 3rd May, about six o'clock, I was on duty at Islington and saw the three prisoners passing from the Green towards the Angel in conversation—I watched them for about 50 yards and then lost sight of them, but when Wurndley was given in custody I saw the other two in the Duke of Sussex public-house—I did not see a fourth man—I took Smith and Walker to the station—I afterwards went back to the public-house and in a closet in the yard I found two egg shells from which the yolks had been recently sucked—I received a purse from the landlord containing six bad florins—here is written in it" Wurndley, 8, Ashurst Street, Kilburn"—I had Wurndley till Mr. Andrews took him—I did not see the purse drop from him—I produce a florin tendered to the" grocer, Mr. Andrews passed it to me—I searched the prisoner and found on Wurndley this bad florin, on Walker twenty-eight shillings, twenty-five sixpences, 150 postage stamps in shilling and sixpenny lots, three 3d. pieces, one id. piece, and 4 1/2 d. in copper, and on Smith this purse containing three halfpence—the florin found on Wurndley is of the same date as those in the purse.
WILLIAM WEBSTER . This bent florin is bad—these six florins are bad and three of them are from the same mould as the bent one—the other three in the purse are from the same mould as the other one uttered.
Twelve Months' Imprisonment each.
MR. CRAUFURD conducted the Prosecution.
PHILLIP HINDS (Detective Officer E). On 5th May I was in Kensington palace Gardens with Gully at a few minutes to 8 p.m. and saw the prisoner and another man—we followed them through the avenue into Church Street, Kensington—they, spoke together and separated and looked into shop windows; they pined again and went into High Street, and then separated and went one on each side towards Kensington Square, joined again and then separated—Gully followed one and I followed the other—I spoke to another officer, Westmacott—I then stopped Smith and told him I wanted to know where he lived—he refused to give me any address—I took hold of him and we had a scuffle in the road—I heard something jink and told
Westmacott that he had thrown something away and to seize his other arm—I saw Westmacott pick up this bad florin in this piece of paper—I searched him and found two other florins in paper in his pocket and 10d. in bronze (produced)—two of these florins are of 1871 and one of 1873—Gulley brought up the other man, but the Magistrate discharged him as nothing was found on him.
WILLIAM' WESTMACOTT (Policeman PR 38). I picked up the coinclose to the prisoner's feet—I asked him where he came from, he said "From Westminster"—I asked him what part of Westminster as I had not seen his face at Kensington for some time, and then he dropped the florin.
Prisoner's Defence. I found these florins in a coffee-house, wrapped up in paper—I put them in my pocket and was going along Notting Hill and the constable came and caught me by the sleeve and said "I will get you a drag"—I said "What do you mean?' he said "Three months' hard labour."
GUILTY — Six Months' Imprisonment.
NOT GUILTY .
OLD COURT.—Tuesday, June 8th, 1875.
Before Mr. Recorder.
376. GEORGE WILLIAM FITT (19), PLEADED GUILTY to stealing whilst employed in the Post Office a post-letter containing 240 stamps, the property of Her Majesty's Postmaster General— Five Years' Penal Servitude.
377. RAYMOND SULLIVAN (23) and ROSALIE SULLIVAN (16) , to four indictments for stealing various articles of clothing of different persons; Raymond Sullivan having been before convicted of felony. RAYMOND SULLIVAN **— Seven Years' Penal Servitude ROSALIE SULLIVAN — Judgment respited [Pleaded guilty: See original trial image.].
MR. COLLINS conducted the Prosecution; and F. H. Lewis the Defence.
JANE SEYMOUR HOARE . I am a widow and live at 73, South Audley Street—the prisoner has been about two years and a half in my service, first as lady's maid and then as maid and housekeeper—I appointed her askeeper housekeeper at her own request—her wages were 25l. a year—as house the prisoner had charge of my house—in March I returned from Torquay and in May I went into my house, we had just changed houses—on Saturday, 15th May, from certain circumstances that came to my knowledge I discharged the prisoner, and she left on that day with certain
boxes—she returned the same night, I did not see her, I heard her; she left the next day, Sunday, with several boxes—she had asked me on the Saturday to lend her an empty box, which I did—from a communication the butler made to me I examined the house and missed several things (several boxes full of articles were produced by the officers)—there were two mantles, a quantity of pocket handkerchiefs, some lace collars, a number of yards of lace, a great many pair of gloves, a riding habit, pairs of stockings, some silk and some collars, several sheets, a blanket, table cloths, my son's Ulster coat and other coats, some dresses, boots, 50 yards of braid, a leather case, two pair of earrings, two gold brooches, five teaspoons and a salt spoon with a crest on them—I had spoken to the prisoner about the gold brooch several months age, and she said that ray daughter had lost it out riding, and that was found in her box—all the property in these boxes belong to me—I never gave them to the prisoner—she had no right to remove them.
Cross-examined. I was at Torquay last summer, I have been there many years—I have not a house there—at the end of the summer I left for continent—I left my housekeeper and the prisoner to pack up a great number of boxes with directions that they should be sent on afterwards to the brewery in East Smithfield—I can hardly tell how many boxes there were—I think between twenty and thirty, there might have been thirty-nine—I did not see them; I dare say the prisoner's boxes were also seat to East Smithfield, but I did not know—I was abroad then—very-likely some of my things might have been packed in her boxes; I don't know how she packed them—some boxes are more fitted for certain articles—I returned from, the Continent in January, and went to the St. George's Hotel—the prisoner had I suppose been at her own home in Norfolk in the meantime—I brought with me from the Continent the boxes I had taken with me, they were taken to my house—I stayed at the St. George's Hotel about a fortnight, after having been first to Torquay—the prisoner always did the packing—my daughter did not give her two serge dresses—my daughter is not here, she is too young to come to a place of this sort—she is twenty-three—I recollect my house in South Audley Street, being done up—my son did not come there and ask the prisoner to unpack his portmanteau—he did not throw out a number of things and say she might give them to the foreman of the works, only a few old travelling gloves—my boxes came from the brewery to South Audley Street, in February or March—I sent the prisoner into the house before it was ready for occupation—all the thirty-nine boxes were unpacked by her sooner or later—I sometimes superintended the packing, not always, when I was at the hotel I trusted to her unfortunately—I was present once when the prisoner's lodgings were searched—I saw the articles of jewellery in her boxes, in a case—we left a good many things behind at Torquay, which we could not take with us—it was the prisoner's duty to pack those somewhere—the teaspoons had been in use by a prior housekeeper, they were sent by her to me to South Audley Street, and handed by me to the prisoner when she became housekeeper, they were in her personal charge in April—at the time she received them workpeople were in the house, they are hardly out yet—the spoons were found in her box with my table linen—I discharged her on the Saturday, almost at a moment's notice—she left and came back on the Saturday night, and went through the linen—she slept in the house that night—I went through the linen as far as I could; she did not—it was not correct, it has not been
right since she has been there—she did not tell me on the Sunday, that on account of the way in which the things had been packed from time to time she had things of mine amongst hers, which she would return to me—she said she would return the box—she did not ask me to lend her the box in order that she might return my things in it—she wrote me a letter afterwards; it did not state that she would return the things—I saw her leave on the Saturday, with four or five boxes—I was very much surprised at that—I did not attempt to stop her—I wanted to get rid of her; I was alone there—I did not see her pack on the Sunday; she asked me to let her stop till Sunday, and to lend her a box because she had not packed anything, and she had packed everything; she was all day packing—I said "You took away four or five boxes yesterday, bo you must have packed all that belong to you"—she said "Oh, no; I was in such a flurry I could not pack properly.
Re-examined. At that time I was alone in the house with my daughter; my son was away—the boxes that were at the brewery were all brought back to my house in South Audley Street, none of them were taken to the prisoner's lodgings with my knowledge or consent—this is the first time I have been asked about ray daughter giving the prisoner things; I could not replace what I have lost for 100l., some of them were most expensive things.
EDWARD WALTER TOWNER . I am butler to Mrs. Hoare—on Saturday 15th May, I saw the prisoner leaving the house after she was discharged—she took away four large boxes and a large linen bag—she came back about 8.30 in the evening in rather a drunken state, she slept there that night—on Sunday I saw her packing a large deal box—she left about 8.30 that evening—she took away a number of boxes, I could not tell how many—there was a large deal case, a large linen bag, and some smaller cases, and a small portmanteau—I afterwards informed my mistress what had taken place—I have seen the boxes in Court—the large deal case and the large box are a portion of what I saw her take away.
ANDREW LANSDOWN (Detective Sergeant). On Tuesday, 18th May, I went with Towner to Moore Street, Chelsea, and saw the prisoner there—I told her that I was a police-officer, and that I should take her into custody for stealing a quantity of clothes and other property belonging to her late mistress, Mrs. Hoare—she said "Some of the things were given to me, and the remainder I took away in mistake"—I found five boxes full of property Mrs. Hoare afterwards went and identified it—I afterwards went to 12, Cowley Street, Westminster, and with a key which the prisoner gave me and which she said was the key of her room there, I opened the door and found three black leather boxes full of property—Mrs. Hoare saw them—all the property is here.
Cross-examined. The prisoner told me I should find her other boxes at Cowley Street—I had been there previously, her sister lives there—I found the silver spoons in a small fancy Swiss box belonging to the prisoner which contained her money—I found in her box two or three India bonds for 300l., post-office savings' bank book, and three 10l. Bank of England notes, and some receipts for stock.
GUILTY — Twelve Months' Imprisonment.
MR. METCALFE, Q-C., with Mr. Slade conducted the Prosecution; and Mr. Montagu Williams the Defence,
WILLIAM JONES . I live at Bolton in Lancashire—on Sunday 9th May, I made up a letter and addressed it to "Mr. E. Jones, 25, Henry-street, Roadswell Road, Limehouse, London"—this is the letter (produced)—I put in it a printed notice with advice as to some racing matters, and two stamped envelopes—they are in it now—I posted the letter myself in Derby Street, Bolton, at 7 o'clock, the envelope was fastened.
WILLIAM OCKENDON . I am overseer of letter carriers of the Poplar branch—the prisoner has been employed there four years as a letter carrier—he was on duty on the afternoon of 10th May, this letter should have reached that office between 3 and 4o'clock on the 10th, and would in the ordinary course be sorted to the prisoner for delivery, and delivered to Mr. jones about 5 o'clock that evening.
Cross-examined. Mr. Jones lives within a quarter of a mile of the end of the prisoner's round.
Cross-examined. Mr. Jones is a book-maker, that is a betting man, a member of Tattersall's.
EDWARD HANCOCK (City Detective Sergeant). I was at the Poplar post-office when the prisoner was brought there about 11.45, on 12th May, by Mr. Gardner—I heard him give his address, 66, Sussex Street, Limehouse—I asked what rooms he occupied—he said the two upstairs rooms—on turning out his pockets a bunch of keys was—produced—I told him that I was going to search his place, and I asked what these keys would open—he pointed out two and said "One will open my writing-desk, and the other a small black box"—I asked if he had anything there—he said no—I went to Essex Street, and in the first floor front room I saw his wife—she handed me a desk locked, I opened it with the key the prisoner pointed out and in it I found the letter produced, open, in the state in which it is now, and the contents with it.
Cross-examined. He is married and has a wife and two children.
JOHN GARDNER . I am one of the senior officers of the General Post Office—I was at the Poplar post-office on the morning of 12th May—the prisoner was there; I said to him "Have you any letters at home?"—he said "No"—I said "We are going to search your house; am I to understand that you have neither letters nor anything else, belonging to the post-office there?"—he replied "Yes"—I afterwards went with Hancock to 66, Sussex Street, where the prisoner said he lived—Hancock unlocked a writing-desk in the front room and in it found the letter produced—we returned to the office and showed the letter to the prisoner—I told him where it had been found and asked him how it got there—he said "I don't know how it got there."
Strongly recommended to mercy by the Jury.
382. GEORGE BARNETT was again indicted for stealing fourteen post-letters containing stamps, the property of Her Majesty's Postmaster-General —after the jury were charged the prisoner stated that he wished to PLEAD GUILTY, whereupon the Jury found him.
He. received a good character.
GUILTY — Six Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
GUILTY — Five Years' Penal Servitude.
WILLIAM WARREN (Policeman C 40). On the morning of the 11th May I was on duty in Newport Street, near Newport Market, and saw Hinds in company with another man, not Horton—they crossed from Earl's Court up Newport Street and turned to the right—as soon as I detected them Hinds ran down Market Street towards the Refuge; I followed—the other man ran away towards Lichfield Street—I saw Hinds drop a quantity of dress skirts from under his coat—he ran into No. 6, Market Street; I followed him shortly afterwards, as soon as I got assistance—I found him lying on the top of the attic stairs, apparently asleep—I asked—what he wanted there; he said "Only having a dos," meaning a sleep—I took him to the station and charged him with having these things in his possession; he said he was innocent and denied all knowledge of it—when I first saw him he was about two minutes' walk from the prosecutor's house and was coming in a direction from it—these are the things I saw him drop.
GEORGE MILLER (Policeman E 448). On the morning of 11th May I saw Horton coming through a court called the Hop Gardens, leading from St. Martin's Court into Bedfordbury, with four or five others—when they saw me they turned and ran away—I followed and caught Horton; I asked him why they were running away—he said he was running home to Great Earl Street, Seven Dials—they were coming in an opposite direction when I first saw them—I saw that he was carrying something under his coat and asked him what he had there, and he produced this dress and jacket—he said they had been given to him by a prostitute—I took him to the station and charged him with the unlawful possession—the prosecutor afterwards identified the property—Horton then said he was passing by the shop and saw the shutters down and things lying on the pavement, and he picked them up—he afterwards said he saw some young men pulling the shutters down and taking these things; that they dropped them, and he picked them up and thought would take them home.
JACOB VENNING . On the morning of 11th May, about 1.40, I was awoke by the police ringing the bell—I got up and found two shutters down, one lying in the street—they had been forced open—I missed these seven skirts—the shutters were safe at 12.45 when I went to bed.
GUILTY of receiving — Nine Months' Imprisonment each.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MR. J.P. GRAIN the Defence.
years—he has been in the habit of coming to my house—on Wednesday, 12th May, he brought me this cheque (produced) and asked me if I would be good enough to cash it for him—I said I was rather short of money just then and asked what it was for—he showedme the amount, 13l. Odd—I said I could not do that, would 5l. do—he said "No, I want a little more than that, if you can manage 8l. that will answer my purpose"—I said "Very well, I will give you 8l. and give you the rest on Saturday or Monday"—I gave him eight sovereigns—I had previously said "Whose cheque is this?" and he said "It is mine, you can see it is made out in my name"—I asked where he got it from—he said "That is a funny question to ask me, I should not bring it to you unless it was good, it is as good as a bank note"—he said it was money that had been owing to him for some time and he had received this cheque in payment of it—I paid it into my bankers next day—it was not returned to me, the bankers kept it, "No account" is written on it—I saw the detective Fluister the next day.
Cross-examined. The prisoner was in the habit of using my house ever since I have had it; about three years—he is employed by the Poplar Local Board at an asylum at Bromley—I have always known him as a respectable man, I had every confidence in him, I had changed one or two cheques for him before, which were paid.
Re-examined. They were for a very small amount, 1l. or '2l.
ARCHIBALD JAMES MILLER . I am a chemist of 93, High Street, Homerton—I have known the prisoner nearly four years—on Wednesday afternoon, 12th May, about 2 o'clock, I was with the prisoner and Coleman—we first met at Mr. Newport's public-house, and after that we walked as far as the Poplar Sick Asylum—the prisoner went into the asylum and Coleman and I waited for him—when he came out we walked to the corner of Fairfoot Road—I saw a piece of paper pass from Coleman to the prisoner, I did not see what it was, it was like a cheque, it was folded—the prisoner opened it in my presence, looked at it and put it into his pocket—he then left us and went towards Mr. Newport's—he returned in about twenty minutes and joined us—he said something to Coleman, expressing that it was all right—Coleman did not make any answer—wo went into a public-house in Camberwell Road and had a glass of rum—Coleman said he had some business with the prisoner and I then left them—I can't say the exact words he used, I believe it was "Come along Charlie, wo want to talk over this affair for an hour or two."
Cross-examined. I have known the prisoner for some time as a respectable man, I was a fellow servant of his four years.
WILLIAM JOHN FLUISTER (City Detective Sergeant). On Thursday night, 13th May, I saw the prisoner in the parlour of the Duke of Edinburgh—I told him I was a detective officer—I showed him this cheque, and asked him where he got it from; he hesitated, and then said he got it from Mr. Coleman, of 3, Ravensworth Terrace, Fulham—I asked him if he would go with me to Mr. Coleman—he said he could not go that night, it was toelate—it was about 9 o'clock or a little after—I then took him to Bow Lane station—next morning I went to 3, Ravensworth Terrace, and the found Coleman—he accompanied me to the City, to Mr. Mullens office—he did not go to the police court—the hearing took place on the 14th—prior to that I had searched the prisoner, and found on him this printed paper marked "B"—before the Lord Mayor the prisoner called attention to that piper, and requested its production, and he said it was Coleman's writing,
and if it was compared with the cheque, it would be seen it was the same writing, the signature—Coleman did not attend the Court—I served a summons at his house—I did not see him—a warrant was granted for his apprehension; I traced him as far as Hull, and there lost him.
Cross-examined. What the prisoner said was that the body of the cheque was like Coleman's writing—I arrested the prisoner at Mr. Newport's, the very place where he had changed the cheque—when I asked him to go to Coleman's, he said it was too late, he should not be able to get back that night—he has given me as much information about Coleman as he possibly could—I saw Coleman on the following morning, after I had taken the prisoner—I believed at that time that the cheque was a forgery, and the prisoner had told me that he got it from Coleman—Coleman went with me to the solicitor's office; he said he never gave Wolf the cheque—I did not think there was sufficient to detain him at that time—I left him with Mr. Mullens.
Re-examined. I only knew from what Wolf told me, that he had got it from Coleman—it was at the examination after that that the prisoner asked for the production of this paper—I never saw Coleman afterwards.
THOMAS ROUSBY . I reside at Ulster Lodge, Fulham—Coleman is my son-in-law—I do not know the prisoner personally—Coleman has known him for a number of years—I believe they have been friends—this paper B is Coleman's writing, and the cheque also; the signature and all—he was at one time in the service of Mr. Nicholson, of Mansion House Buildings, within the last twelve months—I have sometimes borrowed blank cheques from Mr. Nicholson, on Smith, Payne & Smith, when I had not one with me, to make a payment—I think I have done that on two occasions.
ALBERT HENRY NICHOLSON *. I am a commission agent of Mansion House Buildings—last year I was assisted by a person named Coleman—I then banked with Smith, Payne & Smith—this (produced) is the cheque-book I had; my cheques were numbered 33,035—the cheque produced is one from that book—it is in the hand writing of Coleman—I have drawn no cheques on Smith, Payne & Smith, since October last.
RICHARD MULLENS . I am solicitor to the bankers' association, and am conducting this prosecution—about 10 o'clock on the morning of 14th May, Coleman came to my office with Flinster; that was before the examination at the Mansion House—I conducted the case there against Wolf—I looked for Coleman there, but he did not appear—the prisoner asked for the production of this paper B, and said that anyone who saw it would see at once that the cheque was in the same handwriting, and he said it was Coleman's—at that time I had not found Mr. Miller—the prisoner said at the examination that the cheque had been given to him in the presence of another person—I told Flinster to ascertain who that was, and then we found Miller.
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution.
CHARLES BESWICK . I am a pawnbroker of 6, Upper St. Martin's Lane—this piece of silk (produced) is my property; there is about 14l. yards, value 3l.; it was pledged with me on 30th September last year—at that time I had no other silk in and I took particular notice of it at the time of pledging—in October the prisoner was employed by me doing some work, he left on the 14th October—I missed the silk in December when it was applied for by the pledger—there were some of the better class of pledges in the room where the prisoner was at work; this silk was in No. I room into which he was taking some timber—he was fitting up racks to place parcels in.
Cross-examined by the Prisoner. I identify the silk by the border and the length, it is a grey border and the length is unusual; I measured it when I took it in and I have since seen it measured by Mr. Withers where you pledged it—I had the ticket sent me from Devonport and I went to Mr. Withers to see if it answered the description and it quite agreed.
WILLIAM BENNETT . I am assistant to Mr. Higginbotham, an auctioneer—on the 19th May last I bought this piece of silk—in September I gave it to Burns to pledge for me and he brought me the ticket from Mr. Beswick—I have not the slightest doubt about this being the piece, it was catalogued at 15 yards and I paid for 14 3/4, which is an unusual length—there is one of the edges where it had been tied with a thin bit of twine—I have a great quantity of silk in my charge.
Cross-examined. I have been an assistant in sale rooms six or seven years—it had a white edge—when I went to redeem it could not be found and I summoned Mr. Beswick to the Police Court and he had to settle with me for it—I will swear it is my silk, it is the exact measure and has the same hole at the side—I have hundreds of pieces of silk through my hands in a year and I don't believe I ever had another piece of 14 3/4—I bought it for my wife—our sale room is next door but one to Mr. Beswick's.
HENRY BORN . I work at Mr. Higginbotham's—in September last Mr. Bennett sent me with a piece of silk to pledge at Mr. Beswick's—if this is Not he piece it is exactly like it—I received the ticket from Mr. Beswick which I gave to Mr. Bennett—I pledged it in my own name.
Cross-examined. I should not like to swear this is the piece, it is exactly like it—I merely had it in my hands to pledge.
JOHN MARTIN . I keep the King's Arms at Devonport—the prisoner was at ray house in October last—he left on 25th October—after he left I found this pawn ticket in his bedroom, and finding Mr. Beswick's name on it I sent it up him.
GEORGE ROBERTS . I am assistant to Mr. Withers, a pawnbroker, 430, King's Road, Chelsea—on 14th October this piece of silk was pledged with mo—this is the ticket I issued for it—when Mr. Beswick called on me I measured the silk in his presence and found it to be 14 3/4 yards—the name on the ticket is Wilson—I could not swear to the prisoner as the person who pledged it.
The Prisoner in his defence commented upon the means by which the prosecutor's
identified the sill: and called the following witnesses to prove his lawful possession of it.
THOMAS WAY . I am assistant to Mr. Soames, pawnbroker—I produced my book at the Police Court, in proof that we had a piece of silk pledged for 30s., on 3rd June, 1872, in the name of John Thomas Price, and I can't say that this is the piece of silk, or that the prisoner pledged it—I remember him as a customer—he used to pledge in several names—I should not like to swear to a piece of silk by the border—this is an ordinary length.
Cross-examined. The prisoner had pledged in the names of Jeweller, Smith and Brown—I have lost sight of him some two years and more—I can't say what colour the silk was; it is only entered as "silk"—I used to see the prisoner at least once a week, when he was a customer, he chiefly pledged his clothes and tools; I think they were carpenter's tools.
The deposition of Charles Hoy, who was proved to be to ill to travel, was read, to prove that in 1871 or 1872, he sold the prisoner a piece of black silk for 2l., which he had bought at a sale room.
Cross-examined. I saw the ticket, it was one of Mr. Soames'—I was not in a position to buy it—it was a remnant of silk pledged for 30s.
GUILTY — Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, June 8th, 1875.
Before Mr. Common Serjeant.
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MR. FRITH the Defence.
JOHN MARTIN HUGHES . I am a corn dealer of Chenies, near Rickmans worth—early in March I advertised some bantam fowls in the "Bazaar" newspaper for sale for sale for 2l. 2s.—there were seven hens and a cock, I afterwards received this letter. (This was signed" Talbot, Thompson & Co., St. George's Works, London Docks, requesting Mr. Hughes to send the fowls, for which a post-office order would be sent.) I sent the fowls, and wrote to say that I had done so, and that I had more to dispose of—I received a reply asking me to send them to the same address, which I did, but I have never received any money or got the fowls back—I went to the address about a week afterwards, but found nobody there and the place shut up—it was a building with large doors, and the name of Talbot & Thompson was up—there was no notification where they had gone to—I made inquiries but could learn nothing about them—I sent the fowls because I believed in the genuineness of the letter.
Cross-examined. I have heard of persons bearing one name and trading in another before now—I parted with the fowls not only on the faith of this printed bill heading, but the body of the letter, it says "We will give you the price asked for the fowls "; that is a promise to pay—I did not send them merely because I was going to get a good price for them, every man sends the goods before he gets the money.
the "Bazaar" newspaper that I had for sale fourteen vols. of Blackey's Encyclopedia for 75s.—I received this letter. (This was on a similar bill had and stated, "Sir,—I will give you 75s. for the Encyclopedia, and on receiving it will at once send you Post-office order for the amount. G. Thompson, of Talbot & Thompson.") In consequence of that I sent off the books by the carrier, but did not get the Post-office order—I wrote to the address a fortnight afterwards and received this answer. (This stated that Mr. Thompson would be in town on Friday next, and would forward a post-office order.) I got no order, and I wrote to the editor of the newspaper—I sent the goods because I believed in the genuineness of the letter.
MARY ANN RICHARDSON . I am the wife of John Richardson, a dock. labourer, of 11, Artichoke Hill, Wapping—about Christmas some persons took a shed two or three doors from me, and two gentlemen used to open it about 10 o'clock—"Talbot & Thompson, ships' chandlers, office hours 10 to 5 "was painted up—I frequently saw the prisoner come there and saw goods come several times—they used to have a light cart and take them away—that kind of thing went on continually during the three months they were there—I remember some bantams coming, and a person next door to me bought two of them, and one of the hens was in my yard with my fowls—no notification was put up when they left, plenty of people came after them.
ALFRED GEORGE WEST . I am a tea agent of Lower Norwood—In April, 1874, I was living at Sydenham, and had a lady's bag to dispose of for 6s., which I advertised in the Bazaar and received this answer. (This was dated April 24th, from 3. Kelk, stating that his wife would purchase the bag and would send a post-office Order on the receipt of it) I sent off the bag, believing the statement contained in the memorandum and that it was a genuine transaction, but received no payment—I wrote again, but got no answer and no money.
FREDERICK GEORGE KNOTT . I am a builder, of Alton, Hampshire—the prisoner was introduced to me by a beershop keeper, in April, as Mr. Kelk, a builder—he was living at the beershop—I bad dealings with him while he' was there—he was at Alton three or four months; I bought some bricks and lime of him—he bad no place of business, only a bed-room at the beershop—I visited him there; I have seen him write—these are some of his receipts (produced)—I paid him 23l. for bricks—Mr. Hoare, who kept the beershop, left Alton about two months ago—these receipts are partly in Mr. Hoare's and partly in the prisoners writing—I used the bricks after the prisoner left—somebody came to see me about them, and I did not know where the prisoner had gone to, or what had become of Mr. Hoare—I believe this memorandum (West's) to be in the same writing as these receipts.
Cross-examined. I have seen him write several times; this was a little over twelve months ago—I do not pretend to be much of a judge of writing—he told me that he was in treaty for a piece of land at Alton to enable him to carry on his business—it is common for a person in a small way of business to make the best of it; I should not consider it fraudulent to make people understand that I was doing a good business.
Re-examined. All I know about the treaty for the land was from him—he spoke openly to me about it.
CHARLES AUSTWICK . I am a cashier of the London and County Bank, Farnham—we have never had the name of Kelk on our books as a customer; I do not know the prisoner. ("London and Country Bank" was printed upon the bill heads.)
Cross-examined. We allow persons, for a consideration, to pay in money that bills may be paid.
Re-examined. I know of no transaction with Herbert Kelk, a sanitary engineer.
THOMAS TURNER . I live at Westbourne Terrace North, Bow, and am manager to Brown & Green, range manufacturers, of 72 and 74, Bishops-gate Street—in August last I received this letter. (This was signed IF, Rydon, requesting a 3 feet 6 incites range to be sent to Sunbury Station, for which a draft would be forwarded.) I sent a range there on 23rd September, but got no acknowledgment—the price of it was 8l. 12s.—we wrote to Sunbury once or twice, but the letters were returned through the Dead Letter Office—I believed in the letter; it was quite a business letter—this (produced) is one of our circulars—I did not send it to the prisoner.
Cross-examined. We delivered the range to the railway company.
Re-examined. I also received this second letter, dated 31st August. (This stated that Mr. Rydon had been from home or he would have replied before, and ordered a plate rack to be sent to Harrow station.) The range was packed in fifteen pieces, and a basket with the smaller portions; it is described in the book as "Range, fifteen pieces of metal, to be called for."
ALFRED HALL . I assist my mother, a china and glass dealer of Tottenham Court Road—in August, 1874, I received this letter. (This was from Williamson Rydon, of Preston, near Sunbury, requesting patterns of dinner services and half a dozen pattern plates to be sent on inspection.) I sent some patterns with the prices, and afterwards received this letter. (This was addressed from Rydon House, Preston, Middlesex, and signed Williamson Rydon, requesting Mr. Hall to state upon what office he wished a post-office order to be drawn, and selecting a pink dinner service.) After that I sent an invoice, but received no answer—I have seen none of my goods since—they were sent in two hampers by carrier—I wrote several times but got no answer—I then went down to Preston and found that Rydon House was empty—it was two storeys high and had about six rooms—I believed these letters to be genuine, and that he had a banking account and was carrying on business there.
ABRAHAM CATTERMOLE (Policeman X 122). I am stationed at Preston, near Harrow—I know the prisoner by the name of Williamson Rydon—I was taking charge" of an unoccupied house in the middle of June, and he came there and told me his name was Mr. Rydon, and he had taken the house I was minding and I gave him the key and possession—it was called Preston Villa, but he christened it Rydon House—he remained there five or six weeks and I lived in another house close by—I saw no furniture brought in and no business carried on—he did not deliver the key to me when he left—the doors were left open and I never saw him again till he was in prison at Highgate—I found some straw in the house but no furniture—I found this circular of Brown & Green's ranges there—the prisoner did not stay there during the day.
RICHARD WILSON HOUGHTON CLARK . I am resident clerk of the London and County Bank, Harrow—we had no customer named Williamson Rydon in August last—I know Preston Villa, we have no customer there—I know no such person as Williamson Rydon, a builder and contractor.
FREDERICK SPITAL . I am goods clerk at Harrow Station—I have received goods there addressed to W. Rydon, wine, bricks, metal, and various things—I received fifteen pieces of metal in a basket addressed to
W. Rydon, from Broad Street Station—I believe the prisoner to be the person I delivered them to, and he signed for them "W. Rydon."
Cross-examined. A good many people come in in the course of the day to sign, and as long as I get their receipts I don't particularly notice their faces.
Re-examined. It is a little country station—that was the first time I saw the prisoner, but I saw him afterwards—I believe he is the person.
GEORGE QUELCH . I am a saddler, and live near Sudbury Station—Ewing, the carrier, left two hampers of crockery there with me for Mr. Rydon; they came from Hall & Son, of Tottenham Court Road—two gentlemen fetched them from my shop, the prisoner is one of them I believe—he gave the name of Williamson Rydon, I gave him the hamper and he took them away—he paid me one part of the charge and my wife the other.
FERDINAND HILMAN (Policeman Y 20). I have known, the prisoner as Edward Eastop about two months—I had made enquiries about a cabman's license and the prisoner signed this requisition (produced) of the man who was applying, as being his last employer—the prisoner produced it—it has on it "Edward Eastop, West Green, Tottenham. Period of service, 1869 to 1871"—I asked the prisoner if it was his signature, he said "Yes."
Cross-examined. I have never seen the prisoner write.
MR. POLAND stated that there were dozens of similar charges against the prisoner
Five Years' Penal Servitude.
LUKE HOWARD . I am clerk to John Biddulph, Martin & Sons, of 68, Lombard Street—on 29th April a cheque for 5l. purporting to be drawn by George Hutt, a customer of our bank, in favour of Mr. Clark, or order, was brought by a person who turned out to be Thomas King—we of course required Clark's endorsement before paying it, and I wrote "Not endorsed" upon it and returned it to King—he went away with it and brought it back endorsed, and r. Martin directed him to go and fetch the man who had given it to him—he brought in the prisoner and I asked him if he was Mr. Clark, he said "Yes" I asked him what the cheque was for, he said "for hoops"—he was asked to write his signature over again and he wrote this second signature in my presence—I then handed him the five sovereigns—this was on Friday—on the following Monday I went to Mr. Hutt's yard and saw the prisoner there, I said to him "You brought this cheque and you had the money"—he said no, he never had it in his hand—I said "You had the five sovereigns"—he said "No"—I took King to Mr. Hutt's yard and told him to look about him; he nodded to the prisoner and said "That is him"—I asked him to tell me where he got the blank cheque, he refused and I gave him into custody.
Prisoner. I cannot forge a cheque, I can neither read or write—he said "Did you change a cheque for Martin & Co.," and I said "No"—he walked down the yard and came back and said "You are the man."
By THE JURY. The prisoner was dressed as a working cooper when he came to us.
THOMAS KING . I live at 212, Cambridge Street, St. George's-in-the-East, and help the manager at St. George's—one Friday morning I was in Lombard Street and the prisoner crossed over to me and asked me for No. 68—
I said "There is 68 on the door, Mr. Martin's"—he said "I have got a a cheque I want to get cashed, I never was in a banking-house before and I don't like to get it cashed, will you go in for me?"—I said "I don't mind," and I took it in and it was returned to me to be endorsed—I took it back to the prisoner who said "I can put Mr. Clark's name on it,"—I said "That won't do, you had better take it away and get Mr. Clark's endorsement"—he brought it back in twenty minutes endorsed, and I took it into the bank and gave it to Mr. Howard and while he was looking at it Mr. Barton came across the bank and said "Are you sure this is Mr. Clark's name?"—I said "I do not know, it belongs to a young man outside"—he said "You had better fetch him in"—I fetched the prisoner in and he wrote his name on the back a second time—I went to Mr. Hutt's yard on the Monday and pointed the prisoner out from among others as the man—I am sure the prisoner is the man—I went in with him after the cheque had been changed, to change a sovereign and I also saw him there.
GEORGE HUTT . I am a cooper, of Gould's Hill, Shad well, and keep an account at Martin & Co., 68, Lombard Street—I did not sign this cheque or authorise anybody to sign it for me—it has not been extracted from my cheque book, I expect it was taken from my private house—the prisoner was employed on my premises, but he came to my house about that time—the signature is not at all like mine.
EVAN UNWIN . I am Mr. Hutt's foreman—on 29th April from 9.30 turn. to 2 p.m. I missed the prisoner, I did not see him come back from his break-fast, but I did not look for him—I never saw him till he came back from dinner.
JOHN PLATT . I am in Mr. Hutt's service, and work about 3 yards from the prisoner—on this Friday the prisoner worked till 7 a.m and then I missed him till 1 o'clock—I saw him again at 1 o'clock or a few minutes after.
JURY. Q. Had he any business in the other shop? A. Yes, there was business going on there.
Prisoner's Defence. I never saw Mr. King that morning and I have not been in the City since last Lord Mayor's Day.
Strongly recommended to mercy by the Jury on account of his youth and the temptation and also by the bankers and the prosecutor.— Four Months' Imprisonment.
MAURICE WHITTINTON . On 15th May, about 2 a.m., I was on duty in Cross Street, Hatton Garden, and saw a light in the cellar of the Three Tuns public-house and the flap partly up—I heard as if a door was being opened, waited till another constable came, when I removed the cellar flap and entered the cellar, turned my lantern on, and after a short search found the prisoner concealed without any boots on in a coal cellar, (I afterwards found his boots at his home)—I asked him what he was doing—he said "I don't know"—I took him in custody and roused the landlord—I searched the prisoner and found on him this large dagger (produced)—I found marks on the cellar flap corresponding with the dagger, it was burst open and a
piece of wood wrenched off it—two doors were broken open—his house is 31, Kirby Street, six doors off.
Cross-examined. I found the dagger in his breast pocket—the door leading to the bar was also broken off—the cellar door leads up the steps to the bar passage and direct to the bar—the cellar where I found him is under the stairs.
EDWIN EDWARDS . I keep the Three Tuns, 3, Cross Street, Hatton Garden—it is ray dwelling-house—between 2 and 3 o'clock on Friday morning I was aroused by the police, went down to the cellar, and found a police-man with the prisoner in custody—I gave him in charge—the button which fastens the door at the top of the cellar stairs was broken—this piece of beading (produced) was also broken open and the lock of the door at the top of the stairs was forced—the cellar flap was fastened by bolts, I saw marks on it which corresponded with this dagger.
WILLIAM SPARKS (Policeman G 155). About 2 o'clock on this morning I saw the prisoner near this public-house, I cannot say whether he had his shoes on—I went after him, but lost sight of him round a corner—I came back about 2.20 and found he was in custody.
The Prisoner received a good character.
NOT GUILTY .
MR. A. MRTCALFE conducted the Prosecution.
DAVID JONES . I am warehouseman to Stephen Evan, of Knightrider Street, and Mr. J. Winterbotham is one of the partners—I have charge of a portion of the mantle department—I sit by myself at a desk at one end of a room and can see part of the other end of the room, but there is a pile of cloth up to the ceiling which prevents my seeing part of the other end—on 27th May, about 10 o'clock, I saw Stiles come into the room—the employes of the establishment pass through that room to go to an urinal—Stiles was in the habit of coming there two or three times a week—he was in the service of Mrs. Andre who does business with the firm, and he brought things from her—he would know the premises pretty well—I saw him again about 1 o'clock, and he went to the other side of the pile of cloth—I then went there and saw him going into the urinal and close the door—I did not miss any mantles then—I went back to my place, sat down, and heard the urinal door open; I then heard paper rustling and went to look, and saw him passing into the urinal again—I went back to my seat, remained three minutes, and when he came out I noticed that he was rather bulky and that he had a bundle under his coat on the left side—I then searched and missed thirteen mantles from a parcel of twenty-one—they were about 2 yards from the urinal door—thirteen mantles would not make a greater bulk than would go under his coat; they were very thin.
Cross-examined by the Prisoner. I did not stop you, because I had not missed the mantles then—the other eight mantles had been moved—I was to where I could see you take them.
ENOCH EMERY (City Detective 699). On 1st June I went to 77, Tower Street, Lambeth—I saw the prisoner, told him I was a policeman and that he would be charged with stealing mantles from Messrs. Winterbotham—he said that he knew nothing about it—I searched the room and found these six duplicates—he said "Those are our own property, the two jackets and
the cape my wife bought in the Borough—I went there again about 6 o'clock in the evening and saw the prisoner Lee there; I told her that Stiles was in custody for stealing jackets, and she would be charged with receiving them—she said "I have pawned a few which he brought from the City"—I took her to the station.
DAVID JONES (re-examined.) These three jackets are ours—we lost one of them on 20th May, and this cape also—I know the pattern, they are made to the order of the firm—I do not know when the other two were missed, but we lost mantles every week—I cannot say whether Stiles was in the room on May 20th.
The Prisoners' statements before the Magistrate. Stiles says: "I plead guilty to stealing the three jackets that are found pledged." Lee says: "I pledged the property, but was not aware that it was stolen."
Stiles' Defence. The female prisoner had no idea 'that they were stolen, or she would not have taken them, on any consideration.
Lee's Defence. I am not guilty.
STILES— GUILTY — Twelve Months' Imprisonment.
LEE— NOT GUILTY .
392. HENRY BALL (42) , to feloniously forging and uttering the endorsement to an order for the payment of 7l. 6s. 6d. with intent to defraud, and also to stealing the said order, the property of George Perfect, his master— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
THIRD COURT.—Tuesday, June 8th, 1875.
Before Robert Malcolm Kerr, Esq.
394. HENRY BECKETT DANVERS GUILDFORD (49,) to feloniously marrying Catherine Susan Holmes, his wife Hannah Charlotte being alive—(See Vol. 81, page 409)— Seven Years' Penal Servitude, to commence at the termination of his former sentence of Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. A. B. KELLY conducted the Prosecution.
JOB HIBBERT . I am foreman to Mr. Hackett, cabinet maker, 33, Jewry Street—on the 26th May, the prisoner came there with a toilet table and wash hand stand—he asked me if I would buy it—I said "Wait, I will let you know"—I went to Mr. Hackett, and he came and looked at them in my presence, and bid him 3l. for them—I did not see any money pass—the
prisoner left the premises, leaving the toilet table—he returned in about 10 or 15 minutes—I said "What do you want?"—he said the money that Mr. Hackett had not paid him—I paid him and he went away—I subsequently had a communication with Mr. Hackett, and the prisoner was arrested.
By the Prisoner. You did not ask me for any money, or say anything about a second wash hand stand.
By the Prisoner. I did not see Mr. Hackett give you any money.
Prisoner. There is some mistake in 3l., and you put it on to me.
RICHARD MARCHANT HACKETT . The prisoner came on the 26th May, and I bought a wash hand stand and table of him—I paid him 3l. And having paid him I went into my private counting house, and left my foreman, to mark the goods.
Prisoner's Defence. I came to Mr. Hackett with two pair of toilet tables, and asked him whether he would buy them at 3l. a pair. He said "Yes, I will buy one pair, and give you 2l. 15s. for the other." I" said I could not take it, as they did not belong to me, they belonged to those who used to employ me. When he paid me the 3l. the foreman and the porter were there. I fastened the other pair on the barrow, and went in again and said "Will you buy the other pair for 3l.? He said "No, 2l. 15s."—I came away and gave my employer the money. There is a mistake somehow of 3l.
JOB HIBBERT (re-called). He had a truck at the door with another toilet table and washstand on it—I did not take a receipt for the 3l.—these goods generally came from small makers—I knew the maker of the work, but I did not know the prisoner."
NOT GUILTY .
THOMAS HOPKINS . I am a cabinetmaker, and live at 9, Turner Street, Hoxton Square—about 12.30 a.m., on the 11th May, I was passing through Hoxton Square—I was seized simultaneously by two men, one held me by the right and the other by the left wrist, while the prisoner pulled my coat open and tore my watch away—I was then thrown down and kicked till I was insensible, and I have been under a doctor ever since—I was taken to the police-station, Kingsland Road—on the 25th May, I saw the prisoner at Worship Street police-court, with a number of other men, and I picked him out—I went there for the purpose of identifying him—I am positive he is the man—I knew him before, and it was under a gas lamp.
Prisoner's Defence. I was not there at the time.
GUILTY — Twelve Months' Imprisonment, and twenty-five lashes with the cat. There was another indictment against the Prisoner.
MR. MOODY conducted the Prosecution.
CHARLES BROWN . I live at Uxbridge Moor, with my uncle Thomas Robinson—on Saturday night, 15th May, I went home with my brother to my uncle's house, between 11.30 and 12 o'clock—we could not get in and we fell asleep on the doorstep—the prisoner came up and kicked me when
I was asleep—there were two other chaps with him named Barnett and Taylor—I was awoke by receiving a kick in the stomach—I got up and asked the prisoner what he kicked me for—I had known him before, ho was in the same regiment—he said "Where is your billet"—I said "I shall report you for kicking me"—he said "What are you"—I said "I am an old hand"—I meant that I was a recruit last year—the prisoner then struck me with his fist and knocked me down—I got up as well as I could and he struck me again—I could not see whether he had anything in his hand or not—I was knocked down and stunned, when I came to I found my nose and teeth and lips were all sore, and my forehead was strapped up—I did not challenge the prisoner to fight, or do anything to provoke him in any way.
Cross-examined by the Prisoner. When you kicked me and asked me where my billet was—I said "What object is that to you"—I did not say you were a b----recruit, and I would punch your nose—I did not challenge you to fight, and say to one of the women there "Stand back, I can do him."
MARY ANN WOODLEY . The last witness and his brother lodged three doors from my house with their uncle—on this Saturday night I went outside the door to shut my gate, and I saw Charles Brown and his brother asleep on their uncle's door step—the prisoner came by with two other men he went up to Brown and gave him a kick, which awoke him—Brown asked him why he kicked him—he said "You did not seem to like it; where is your billet?"—Charles said "What's that to you," and the prisoner hit him in the face and knocked him down senseless—he got up, and the prisoner walked round and put his hand in his pocket, and walked round again to him and said "You don't seem to like it"—Brown said "What did you kick me for, I gave you no provocation?"—the prisoner made no more to do than he up with his right fist and sent him sprawling—what he cut him with I don't know—he struck him in the face and he was knocked lifeless—he bled and I assisted to take him home—it was about 11.15 when the prisoner first came along, and it was a few minutes to 1 o'clock before we got Brown to—he had a large gash in his forehead—Brown never challenged the prisoner to fight or spoke a word to him, except what I have told you—I saw the prisoner again that night, and I had to run indoors and slam the door in his face because he threatened me—he said "That's the b----that told them all about it"—his companion, Barnett, told him to off with his belt, and he told Barnett to out with his knife—the Militia were out on Uxbridge Moor for training.
Cross-examined by the Prisoner. I did not see you with a knife—you told Barnett to pull out his Knife—when I went out you jumped out of the hedge, and how I got away I can't tell you—you threatened me right up to the door.
LYDIA LAWRENCE . I live just opposite to Mr. Robinson, where Brown lodges—on this Saturday night I saw the two Browns at the door—I spoke to them; they could not get in—while they were on the door step the prisoner and two other men came by—he walked up and kicked Brown—I ran across the road directly—he said to him "Where is your billet?"—Brown said "What odds does that make to you?"—the prisoner said "Where is your billet?" and Brown said "I will report you"—the prisoner said "Oh, you will," and he up with his fist and caught him under the nose—I said "Mind, Charles, he is taking off his belt"—he did not take it off, but he struck him again and laid him insensible—I caught hold of him and found
the blood was running down my arm—I met the Provost on the bridge; one of the other men ran away and the Provost took the prisoner—it was about 12 o'clock when I met the Provost, and told him—Brown did not challenge the prisoner to fight or do anything to provoke him.
Cross-examined by the Prisoner. I did not see you use a knife.
JOHN SPENCER FERRIS . I am a medical man, residing at Uxbridge—I was called on Sunday morning, about 1 o'clock, to see Brown at Uxbridge Moor—I found a gash, an incised wound, about an inch long, on his forehead, just over the left eye, apparently done by a knife—I strapped it up—his nose was swollen and bleeding from both nostrils—on the Monday night he was removed to the Militia Hospital—he is quite well now—the gash must have been caused by some sharp instrument; it could not have been done with the fist, it penetrated to the bone.
SAMUEL BROWN . I am brother to Charles Brown—I saw the prisoner and Barnett and Taylor come up on this Saturday night—my brother did not challenge them to fight, or use any offensive expression towards them.
Cross-examined by the Prisoner. I saw you kick my brother; I did not see you take your belt off at all.
The Prisoner's Statement before the Magistrate: "I tried to wake Brown up and he was very quarrelsome; he challenged me to fight and I struck him."
Prisoner's Defence. I went and woke the man up to get him to his billet to get him away from the Provost, and I touched him with my foot. He woke up very quarrelsome and challenged me to fight, and I did so. When they found he was not man enough to stand up against me they went and informed against me and gave me to the Provost. I was searched by the constable and had no knife on me.
GUILTY of unlawfully wounding— Twelve Months' Imprisonment.
MR. MILLWOOD conducted the Prosecution; and MR. MOODY the Defence.
JOHN GOODWIN . I am a carrier and live at 3, Leather bottle Lane, Norwood—on the evening of 10th May, about 7.30, I was at Chaplin & Home's in Bond Street—the witness Trader spoke to me and I saw the prisoner in my cart and I subsequently missed a parcel—I afterwards went to a public-house at the corner of South Moulton Street and saw the prisoner there—he had got this bag on the seat and the paper was stuffed underneath the seat—I asked him what he had got in the bag—he said the bag did not belong to him—I said "It belongs to me"—I asked him to turn it out and see what it was and he said "It is not mine"—I said "I shall give you into custody"—he said "I can see you are a genuine sort of man, we will square this"—I said nothing—he tried to get away, but I caught him going out of the door.
Cross-examined. I had left my cart and gone into Chaplin & Horne's about 7.30, and it was about a quarter of an hour afterwards that I went to the public-house in South Moulton Street—the bag was on the scat and the paper was underneath—I showed the prisoner where the address had been torn off, and there was another address inside—he said the bag was not his and he had nothing to do with it—he was standing about a yard from it.
evening of the 25th May I was in a cart delivering goods in Princes Street, Hanover Square—I saw the prisoner standing by the side of my cart, from there I went to the other side of the square and into Oxford Street with some more goods and the prisoner was there with a barrow, be followed me—I then pulled up in Bond Street near the prosecutor's cart and left the boy with the cart—when I came back I saw the prisoner at the side of the road with two men—he jumped on the prosecutor's cart and got down again; I went to the office and called Goodwin out—I went to the public-house and saw the prisoner there with two more men they had got a parcel from which they were tearing the paper—I then went back to Goodwin and we went to the public-house together.
He also PLEADED GUILTY to having been before convicted at this Court in the name of William Wright in May, 1866**— Ten Years' Penal Servitude.
MR. A. B. KELLY conducted the Prosecution; MR. MOODY appeared for for Rogers; MR. DOUGLAS METCALFE for Alford; and MR. GILL for Frostick
CHAELES BAKER . I am watchman at Brooks' Wharf, Upper Thames Street—a little before 6 o'clock on the morning of 12th May two barges called the London and the Aldershot arrived there—Frostick had charge of the London and Alford was in the Aldershot—about four minutes after the barges came in, Rogers came to me at the top of the wharf and said "Watchman, I have busted two buttons off behind my trowsers, would you be kind enough to tie them up"—I did so with a piece of string—I proceeded with him down to the wharf and he gave the men on board the barges instructions where to moor them—he is also a bargeman and foreman of the other two men—Rogers went on board the London which was the nearest barge, but I did not lose sight of him—the barges were made fast and left in charge of their watchman and they left the wharf together—five minutes afterwards Alford came down to the wharf and went on board one of the barges—I saw the Detective Olley come down there about five minutes after Alford came down—he went on board the London—I was on the wharf and saw him take Alford away in custody—he returned and I went on board the Aldershot with him—he searched down in the cabin and in the water behind the pump he found three dozen pairs of gloves and three dozen bottles of scent.
Cross-examined by MR. MOODY. Rogers is the foreman to Messrs. Wrightson & Co., the owner of the barges—Rogers came in the discharge of his duty to tell the other men where to place their barges—I believe he has been some time in the firm—I never knew anything against him—I have known him four years—I don't know that he has restored property which has got unpacked to the owners of the barges—I never heard of his doing so in the case of a packet of gold pins—I did not lose sight of him at all—when be came down to the wharf that evening he was in his shirt sleeves and he picked up his coat which was on the deck of the barge—he had been telling the men where to moor the barges and he went away—I saw no more of him till I saw him at the police-station—he left the wharf a little before 6 o'clock
—he was not there for more than five or ten minutes—when I was trying his trowsers up behind he said "I have got something that will surprise them I this morning, old man."
Cross-examined by MR. GILL. I have known Frostick to be with Messrs. Wrightson—I never knew anything against him—he just came up that morning with the tide, made the barge fast and went away.
GEORGE OLLEY (City Detective). I was near Brooks' what on the morning of 12th May—a little before 6 o'clock I saw Rogers go along Thames Street down to the wharf—he stopped and spoke to the watchman, and I saw the watchman do something to his trowsers—I waited at the top of the wharf about five minutes when I saw the three prisoners, the watchman Baker, and the other watchman who was left in charge of the barges, come up together, to the King's Head and Lamb public-house where they stayed some little time—Baker came out first and went down on the wharf—the three prisoners and the other watchman came out about a minute afterwards—the three prisoners started towards Southwark Bridge—as soon as I saw that I crossed over the road to face them—Alford turned directly and ran down Brooks' wharf, Frostick crossed the road and Rogers proceeded on his way towards Southwark Bridge as fast as he could walk—I walked back and found Alford had run right down the wharf—I then followed Frostick up on to Southwark Bridge—as soon as he got there he ran across the road to. Rogers, who was on the bridge—as soon as they saw me Rogers began to swear about the other one staying behind and walked towards Thames Street again—I crossed in front of him—Rogers said "Good morning, sir," to me—I said "Good morning, I want to speak to you for a minute"—he said "I can't stop now" and he commenced to run—I said "You must stop."—he said "I shan't," and away he went as hard as he could run on to the bridge again—I followed him and he doubled back under my arms into Thames Street—he dodged me about in Thames Street till he got to Queenhithe where I overtook him—I caught him by the collar—we had a bit of a scuffle—two scavengers came to my assistance or I think he would have got away—he had a packet of a dozen gloves in his hand which he was about to throw away, but he did not—I took him to the station with the assistance of the scavengers, searched him and found another dozen—I asked him if he had got any more—he said that he had, and pulled out ten pairs and said that was all he had got—I found two pairs more on him, and three bottles of eau-de-cologne—I then went back to Brooks' wharf and saw Alford going along. Thames Street—I went after him and stopped him—I asked him if he had any gloves about him—he said "No"—I put my hand into his pocket and took out a pocket-book, and from his inside pocket a canvass bag—I took him to the station and searched him, but found nothing—I told him I knew he had had some gloves because I saw them in his pocket when he came up from Brooks' Wharf on the first occasion—I don't think he said anything to that—he might have said that I was mistaken, but I won't be positive—I searched the barge London and afterwards the Aldershot, in the cabin of the Aldershot, under the floor in the water I found three dozen black kid gloves, and on a ledge just above three bottles of eau-de-cologns—I took them to the station, and Alford was asked whether he knew anything about them—he said that he did not—he gave his address to the inspector—I went there and found four packets of Berlin wool, twenty pairs of cotton gloves, and about 9 lbs. of composite candles—I took that property to the police-station and asked Alford how he accounted for the things being
at his place—he said he could not account for them at all—while I was at Alford's house there was a knock at the door, which Mrs. Alford was going to answer, but I went and opened the door—Frostick came in and asked if Mr. Alford was in—I said "Yes, come inside"—I then told him I should take him in custody for being concerned with the others in stealing some gloves—he said that he should not go—I told him he must go, it was no use Baying that, and he afterwards consented to go—I afterwards searched his place but found nothing.
Cross-examined by MR. MOODY. I was not in uniform—Rogers lives in George Row, Bermondsey—he could go there from the wharf over South-wark Bridge, but I don't know whether it would be the nearest way—it was quite light at the time I saw him—I believe I have mentioned before to-day about seeing Baker, the watchman, come up the wharf—I heard Baker give his evidence to-day—I know Messrs. Wrightson's offices—they are opposite Billingsgate Market—I don't know what time they open—they are wharfingers, and those are the offices—I saw Rogers come up the wharf and go into the public-house with the others, but I had seen him before that—when they came out of the public-house Rogers walked as quickly as he could towards the bridge—I followed Frostick, and when I got on the bridge I saw, Rogers apparently waiting for him—Rogers called out to him that Alford had gone back to the wharf—I heard him say that—I did not say a word to Rogers about my being a police officer until the scavenger came to my assistance—at the station he pulled from his pocket the ten pairs of gloves, and I put my hand in and found the two pairs—I went to his house to make a search, but I found that Frostick had been there before me.
Cross-examined, by MR. D. METCALFE. I asked Alford when I took him, whether he had any gloves in his possession—at the station I said I knew he had some gloves because I saw them in his pocket, when I asked him in the street whether he had got any, he might have said "No," I have not got any, you are mistaken."
Cross-examined by MR. GILL. All the four men came out of the public-house together—Rogers walked as fast as he could to Southwark Bridge, and Frostick crossed over to the other side of the street, and went in the same direction, but much slower—that would be his way homer—they all live close to each other—I did not notice anything peculiar-about Frostick—I did not see him throw anything away, and found nothingat his house or on him.
SIGMUND POLLITZER . I am a member of the firm of Beck & Pollitzer, of Upper Thames Street—I know the prisoners as being in the employ of Wrightson & Co.—I have seen some boxes of gloves and some gloves produced by the constable, which are of the same style and quality as the others, which were in the cases—two boxes were missing from the. case, and eight" dozen gloves.
Cross-examined by MR. MOODY. I never saw the boxes or the case until they were in the condition they are in now—the goods were consignedto us from Germany—I never saw the boxes packed—these two boxes were the only ones in the case which were not complete, but I don't know how many gloves had been originally placed in those boxes—the boxes are capable of containing six dozen each—of the two boxes that had been broken open, one contained one dozen and the other three dozen—the gloves are not of any particular make.
Cross-examined by MR. MOODY. I assisted in opening the cases—they were opened from the top—I did not see them till they were removed from the barge and they were opened on the wharf—this case had been opened at the bottom—it would take some few minutes to open it.
MR. BECK. I am a member of the prosecutors firm—I went down and had the case landed on the wharf from the barge London—the outer wooden case was not in good condition, it was covered with" canvas and an iron hoop at the ends, the canvas had been cut at the bottom of the case and the case forced out at the bottom—the gloves Lad' been taken out and the cartons of the boxes still remained, and those are the cartons out of which the gloves had been taken—the case contained about 200 dozen of kid gloves—I took the boxes out of the case—the gloves were consigned to us, we are simply the bailees of the goods.
Cross-examined by MR. MOODY. The case was opened, in the presence of the Custom House Officer, but by one of our own men the gloves bear the initials of the manufacturer and the size they were consigned to us for Dent & Co.
Alford received a good character:
ROGERS and ALFORD— GUILTY Eighteen Months' Imprisonment each.
FROSTICK NOT GUILTY .
OLD COURT—Wednesday, June 9th 1875.
Before Mr. Justice Blackburn.
MR. STRAIGHT conducted the Prosecution and MR. THORNE COLE with MR. ROLFE the Defence.
SARAH ANN OWEN . I am now living at Woodford with my parents—I am the prisoner's wife, we have been married eight years last March—I separated from him in March, 1874, and have lived; separate from him since then—On 25th March this year I was living at 156 Fulham Road, carrying on business in the millnery and drapery line between March, 1874, and 25th March, 1875, I had seen him twice; the last time was about nine months before this happened between 2 and 3 o'clock; on 25th I was in my shop with my child and my sister Maude Bruce; when the prisoner came in—he said "You did not expect to see me"—I said "No, neither did I want to see you" he said "I wanted to see you I want to ask you some questions"—I said-" You have no right to ask me any questions, and 1 don't think proper to answer them; you don't keep me nor your children, and this is my father's house and you had better walk out"-my little girl, who is 3 years old, looked up then and said Papa, my papa, come home"—he said he should have a private interview. with me—I then walked through the work-room into the parlour at the back; he followed me and my sister also, I called my sister—when we got into this, parlour, he pushed my sister back and would have locked the door; he attempted to, but the key happened to be out—he looked at the door; his countenance then changed terribly, and I flew to the private door and screamed murder—the private door opens into a kind of yard leading into the street—the door he attempted to lock was the door leading from the shop—before I could open the door leading into the yard he caught hold of me and said
"Now I have got you I will cut your throat, you," calling me a bad name—my back was towards the yard door—he put his left arm round my shoulder and drew a ready opened knife out of his breast pocket, out of his pocket on the left side—I don't know whether it was the pocket of his coat or his waistcoat—I am quite sure the knife was open when he drew it from his pocket—he drew it like that (across the throat)—I put my hands up and my face down and my hands were very badly cut, and it cut my face; I have the scar now—he did not make any observation at the time—he raised his arm again and stabbed me over the right shoulder in the back—he then stabbed me in the left thigh, at the side—he did not say anything at the time he was doing this; I was trying to slip down out of his arms—I can't remember whether he did anything else to me; I heard some one come in then and he let go of me—I was bleeding very much and was faint—I was calling out murder while this was being done—it lasted a very few minutes—when he let go of me I crawled into the shop—several persons came to the door, my sister was one of them—the policeman and the doctor came almost immediately—I did not see what became of the prisoner—I remained at home for a fortnight attended by Dr. Godrich, and then the place on my back became very bad and I was taken to the hospital, where I remained a fortnight and three days.
Cross-examined. I have three children, it was the youngest who was with me in the shop, the other two were at Woodford with my parents; their ages are 6 and 7—I have told all that took place on this occasion he did not say anything after he camp into the room—I walked into the room for the purpose of hearing what he had to say—when the child said "Papa, my papa has come home," he smiled at the child—it was not a moment after he got into the parlour that he took me round the shoulders—he had not got an overcoat on—I can't swear whether he had on the same clothes that he has now—he took the knife from under his coat on the left side; I can't tell from what pocket he took it—I was very much frightened—he was standing in front of me when he took me by the shoulders; he put his left arm round my right shoulder and came close to me—I don't know where my sisters was when I crawled into the shop—my two children have been with my parents at Woodford ever since my husband left me—I have been there myself—it was there I saw the prisoner twice—he saw the children at those times—he is a practical engineer by business—he gets his work where ever he can, in different parts of the country and abroad—he was away at many places; I can't say where he was—he was never at one place long together—on one occasion he was invited into the house at Woodford—he did not ask to take the children for a walk—I think he has visited Woodford when I have not been there—he was not anxious to have charge of the children—he did not offer to pay me so much if I would let him have the children—he has seen them two or three times, but has made no effort to have to have them.
MAUDE BRUCE . I am Mrs. Owen's sister—I was living with her at 146, Fulham Road, on 26th March last—on that afternoon I saw the prisoner in the shop—I saw my sister go toward the parlour and heard her call me—I was following her when the prisoner pushed me back and shut the door, leaving me outside and himself inside—I heard my sister scream murder, as soon as she got inside, and I ran out for assistance, and fetched a young man, Mr. Dale, from the pawnbroker's shop over the road—he went into the parlour by himself—I went out to fetch more assistance; I
got the constable Austin, and then went and fetched Dr. Godrich—when I came back I saw my sister in the shop, sitting on a chair, her hands and face were bleeding, and she appeared to be faint—the prisoner was sitting in the parlour at that time—Mr. Dale and the constable went to. him—I stayed with my sister; she was laid on the sofa in the parlour, and then put to bed—I heard the prisoner say "I did it"—I nursedmy sister at home for a fortnight, and she was then taken to the hospital.
Cross-examined. I found Mr. Dale immediately, and the constable was outside the shop door—it was only two or three minutes from, the time. I went out till I came back.
JESSE DALE . I "assist at a pawnbroker's shop at 303, Fulham Road; that is almost opposite 146—on the afternoon, of 25th" March Miss Bruce ran out at the door and called me—I went across to her and went through the shop into the back room, "the doors were open—I heard screams as I went through the shop; when' I. got into the room I saw the, prisoner standing over his wife with a knife in his. hand, she was down on her hands and knees between, the two doors like, in a little passage going from one room to the other—I did not observe, any motion, of his hand or arm—I went up to him and struck him on the shoulder, he staggered back and sat down in a chair, and told me X could call for a policeman—he wiped the knife with his finger and thumb, shut it.' up and put it in his pocket; he said at the same time that he wished he had done for her—he had put away the knife before' he said that—Mrs. Owen was bleeding from a wound in. the back, and in the mouth and hands—she "got up somehow and ran to the door—I went out and whistled for the policeman, and he turned round and came over directly.
Cross-examined. I went out into the street to whistle for the policeman, he was walking along the street at the time, about 50 yards off—Mrs. Owen was then standing at the door asking some one to send for a doctor—she had run out from where she was lying on her hands and knees—where I first saw Mrs. Owen was between the front and back rooms, and she got up and ran through the front room the prisoner sat down in the back room—I think he put the knife into his trowsers pocket, but I could not tell exactly.
By THE COURT. When I first went in and saw the prisoner standing over her I could not tell whether he had Mid of her or not; he was standing over her with the knife in his hand; that was all. I noticed.
ROBERT AUSTIN (Policeman T 432). On Thursday afternoon, 25th March, I was on duty in the Fulham Road and was called by Mr. Dale, he whistled for me and I went to the shop Mrs. Owen was standing just inside the shop door, bleeding from the mouth hands. and back-in consequence of what she said I went into the back room and there, found the-prisoner. sitting down on a chair—I told him he would have to go to the station with me for stabbing his wife—he said '.""very-well, I know that I did it-and I won't flinch from it, and I would have: murdered the b—when—if I had got the chance"—I asked him', where the knife was with which he did it—he said "I have the knife in my Pocket" I asked him for it-hesaid "I shall not give it to you"—Dr. Godrich was present—he asked the prisoner for it; he gave it to him and he handed it, to me—this is it (produced), it opens and shuts with a spring—there were marks, of blood on the blade—I took the prisoner to the station and charged him with violently stabbing and wounding Sarah Ann Owen—he said nothing—there was some blood on his hands—he said "That is the b—wh—'s blood"—he was sober.
ALFRED GODRICH . I am a surgeon, of 140, Fulham Road—on Thursday afternoon, 25th March, about 3 o'clock, I was called to 146, Fulham Road and saw Mrs. Owen standing in the parlour behind the shop—blood was pouring from her mouth, from her hands and from underneath her clothes I had her at once laid down on the sofa and asked who had done it—the prisoner was then brought to my side by the constable—I asked if that was her husband—she said "Yes"—the knife was ultimately handed to me by the prisoner and I handed it to the constable—I examined it at the station, it was stained with something, I could not swear that it was blood—after laying Mrs. Owen on the sofa I cut the clothes off to examine the wounds there was a wound about 2 inches long extending from the left angle of the mouth, outwards across the cheek, and about one-eight of an inch deep—between the finger and thumb of the right hand there was an incised wound extending to the bone; there was also a slighter incised wound on the forefinger of the same hand and also a small incised wound on the little finger of the same hand—on the inner side of the left hand there was a piece sliced off consisting of skin and some flesh, about 2 inches long and merely hanging by the skin—beneath the right shoulder blade there was a punctured wound extending to the ribs; that was about three-quarters of an inch deep, it was stopped by the rib no doubt, it was direct in as straight as could be—I should say that was a wound that must have been inflicted with some violence, it had gone through all the clothes in addition to the flesh; it was in a highly dangerous locality; if it had passed between the ribs it would have been a very serious matter indeed, it would have gone near the pleura and the lungs—there was also a punctured wound on the middle of the left thigh; that went very nearly straight in; as far as I could judge that was about 2 inches deep—I had no probe—there was a corresponding cut in the clothes—this knife is just the sort of instrument that would have produced such wounds—she had lost a considerable quantity of blood, there was a considerable quantity of blood about the place and she was very faint—I took immediate steps to stop the blood; she remained under my care about a fortnight—during the latter portion of that time she had excessive pain in the groin—I examined it and found evidence of a bruise; a fall or kick would have done that—she was ultimately taken to the hospital.
Cross-examined. If the stab in the back had not been arrested by the rib it might have penetrated the lung, which would have been very serious—the wounds were not dangerous in themselves, they might have led to danger—I have seen her to-day; she is in a debilitated and very nervous state, she has recovered from the wounds and is able to go about her usual occupation, she is somewhat disfigured in the face.
GUILTY on the Second Count— Twenty Years' Penal Servitude.
MR. VIVIAN conducted the Prosecution; and MR. RIBTON the Defence.
JOHN TONG . I am a bricklayer and beerseller in Church Road, Tottenham, and occupy a piece of land adjoining on which were three pigstyes—on the 30th April I returned home about 7 o'clock at night and found that two of the styles had been burnt down; they were composed of bricks and timber, tiled in; there was nothing in them but straw—the pigs had been sold—I don't know the prisoners.
4 o'clock on the afternoon of 30th April I was in Mr. Tong's garden—I saw the two prisoners go into the styes with some paper in their hands—I afterwards saw the styes on fire, and as they began to flare I ran after the boys; they got over the fence and ran away—I knew them before for a long while—Alfred Berry used to work along with my brother—I went back and tried to put the fire out.
Cross-examined. I was talking to another boy at the time, named Blyth—he is not here—he was at work cleaning a cart—I was about the length of this Court from the prisoners; I did not speak to them—when they ran away I kept on calling to them to stop, but they would not—I am certain they are the boys—I saw them distinctly.
ANNIE MOORHOUSE . I am eleven years old, and; live with my father at 31, Nursery Street—on the afternoon of 30th April I was standing close against the hedge and saw the. prisoners get over the fence into the stye—Henry had some paper and matches in his hand; they were in the stye about two or three minutes—I did not see them come out;. I went away—I afterwards saw the stye burning—I did. not know the prisoners before—I did not see them very distinctly; they are the boys—I saw.
Cross-examined. I saw George Ely running after them; I was about half a yard from them when I first saw them—I did not speak to them I saw the matches and some dirty paper in his hand—there were two trusses' of straw in the stye; Alice Tong showed it to me after the little pigs had gone out.
JOSEPH HOLLOWAY . I work with my father at Clapton—on the afternoon of 30th Aprill was down against the railway fence about 20 yards from Mr. Tong's—I saw the prisoners come from-under the hedge at the back of the stye and run away; I knew them before for this eighteen months—I saw Ely run after them.
Cross-examined. They were about 100 yards fromthe fire when—I first saw them—I was playing under the railway arch with my brother—I did not see any more boys there; boys are in the habit of playing there—I know the pigstyes; I was never in them—I saw the fire just after it broke out.
The following Witnesses were called for the Defence.
JAMES KINGSLEY . On the afternoon of the fire I was at work in the gravel pits at Tottenham Cross; that is about three-quarters of a mile from Mr. Tong's—the little boy (Alfred) was with me he came there about 1 o'clock and stopped till 5.30, when we all came out of the pit together and. went home—I did not see the other prisoner.
Cross-examined. Alfred does not work at the pit'; he-fetches-a drop of. beer and water for the men at work there—I know the day because I heard of the fire next morning.
ELIJAH ROWLEY . I am a labourer at, Ponder's End—on this, day I was working in the gravel pits at Tottenham; the little boy (Alfred) was with as all the afternoon till, we left off at 5.30 and went home—I heard of; the fire next morning (Saturday)—I know his brother he was not with us.
Cross-examined. The boy is no relation of mine; we used to pay him to fetch beer for us—I did not go before the Magistrate.; I was not told to go—the mother asked me to come here—I remember this day; it was the last
day of April, and the Alexandra Palace was opened on the Saturday, the next day.
HERBERT BARCLAY . I know Henry Berry—I heard of this fire on the Monday after it happened—on the Friday before I was along with him from 8.30 in the morning till 7.30 at night, down by the oil cloth factory in the marshes, at the side of the river Lea; that is about 1 1/2 miles from Mr. Tong's—I was looking after work; we went home together.
Cross-examined. I did not go before the Magistrate; I did not know he was locked up—I have known him about a year—he is no relation.
NOT GUILTY .
NEW COURT.—Wednesday, June 9th, 1875.
Before Mr. Baron Pollock.
MESSRS. POLAND and A. B. KELLY conducted the Prosecution; and MR. MONTAGU WILLIAMS and MR. WARNER SLEIGH the Defence.
ARCHIBALD PETERKIN . I am barman at the Zetland Arms, South Kensington—on 26th April, shortly before 5 p.m., I saw the prisoner there—he said to three men, of whom the deceased was one, "Aint you Devonshire men?"—I heard nothing remarkable in the way the deceased spoke, but he got up and knocked the prisoner down with his fist against the partition and he fell in the corner—I went out for a constable and was away about two minutes—when I returned the prisoner and one of the others (not the deceased) were scuffling in the bar—the whole of them were then put into the street—I saw one of the witnesses come with his eye cut and I shut the door and bolted it—they were all strangers to me, I did not see what took place outside.
Cross-examined. They came in about 4.20—three men came in first and the prisoner afterwards—a young lady friend of the landlord was serving—the prisoner did not ask her for beer, he asked" me—I did not hear him say "Who are you staring at?"—he was quite sober—I did not see the men trying to force their conversation on him and did not hear one of them usea very strong expression and ask what he knew of Devonshire people—I did not hear the prisoner say "Nothing at all nor do I want to"—one of the men, I don't know which, put his hand on the prisoner's chest, pushed him back and said "You are not going like that," or something like that—I did not hear him say that he was a stranger to London and had business to look after—they asked him to stand some beer and he refused—that was before he was knocked down—these men were strangers to me—the three men got round the prisoner and hustled him when he wanted to leave the house, but they did not in my hearing ask him to fight—it was Wilson who shut the door—that man (Harvey) was not standing at the door when the prisoner asked them to let him go out—Harvey did not say that if the prisoner wanted to go out he would have to knock him away first—I did not hear the prisoner say "I am nothing but a poor workman, if I have said anything to offend I am very sorry for it"—I could not hear what he said—the three men appeared to be treating him very roughly, I should not like to be treated so—the men seemed to strike him on the eye quite unawares—I thought he was so badly treated that I sent for a policeman to protect him—I did not see what passed outside.
Re-examined. When the policeman came they were scuffling and he turned them all out—he was in uniform—I did not see that the deceased was injured then.
THOMAS WILSON . I am a carpenter of 38, Sandford Street, Marylebone—on 26th April I went to the Zetland Arms with the deceased John Damereh and Harvey—I had only known the deceased two or three months, we had been working on the same job—he "was a countryman and I believe he came from Devonshire—Harvey was not a friend of mine, only a workmate—the deceased was older than—me, he was 5 feet 8 inches high the prisoner was in the same compartment of the public-house with us three—there was such a scramble that I cannot say what occured I heard the prisoner call us a Devonshire lot—there was a bit of a scuffle between two or three of us—I was sober—the deceased struck the-prisoner on the eye and it was bleeding—a policeman was fetched, and we were turned out of the house—I did not see what occurred outside—ten minutes afterwards I saw the deceased lying in the road and assisted, to take him to the hospital—I did not see him before, because I was getting into some unfinished buildings.
Cross-examined. I did 'not hear anybody ask the prisoner who he was staring at before the expression "Devonshire men.
WILLIAM HARVEY . I am a carpenter—I knew the deceased—I went with him to the Zetland Arms on the evening of the 26th about 3.30-no one else was with us—while we were there the prisoner came in and made some remark about Devonshire people—I went out in the yard arid when I returned, the prisoner and I got scuffling together—I cant tell how that was, but he came towards roe and we got scuffling—a policeman came and ordered us out—I saw nothing more.
Cross-examined. I did not see that his eye was cut and bleeding; I won't say that it was not—I did not hear any one ask the prisoner who he-was staring at.
JOHN HILL (Policeman B 88).' On 26th April about 4.30, I was do duty and the barman at the Zetland Arms fetched me—I went there and saw the prisoner and William Harvey, who was under the—influence of drink, fighting—they were both bleeding from the eye—there-were a number of people there who were under the influence of drink—I separated the-prisoner and Harvey, and cleared thebar—I was in uniform I then saw the deceased, who I had not noticed before,—cross over from a little turning about 20 yards from the public house going away from the public-house towards On slow Crescent—he was sober—the prisoner rushed towards him making useof a threatening expression which I could not hear, but it was as if he was goingto commit some serious violence, and he straek the deceased a violent blow on the right ear; and they closed arid both felt to the ground, the deceased falling on his back—the prisoner was at the deceased's side when he struck the blow—the—deceased exclaimed I got it"—I took the prisoner in custody—the—deceased never moved he was bleeding from the right ear and was insensible—Dr. Baker who was going by, assisted him, and he was carried to an unfinished building building on an old door, and afterwards removed to the hospital.
Cross-examined. Twelve or fourteen of the people in the-public-house were the worse for liquor—the roadis 30-yards from the public-house—I have measured it—I said before the Magistrate "The deceased turned round and the prisoner rushed at him and struck him a violent blow;" that is correct.
MARTHA TAYLOR . I was in the Brompton Road and saw the policeman following the prisoner, and telling him to go along—the deceased then came out of a little open place between some houses, and the prisoner stepped from the kerb and said "You old b-you are the one," and struck him on the side of his head under the left ear—they both went down together, the deceased underneath—the prisoner got up but the deceased did not move; the constable took hold of the prisoner by the arm and said "I shall want you, young man, you had better wait a few minutes"—that was about 20 yards from the public-house—I did not hear the deceased speak—I was about 2 1/2 yards from him when the blow was given; his head came towards my feet—I saw him removed to an empty house.
Cross-examined. This was in the Fulham Road—the Zetland Arms is on the right going towards Fulham—I was on the left side on the pavement, and not on the same side as the Zetland Arms—it was as the deceased stepped off the kerb on the right hand side that the prisoner struck him.
ROBERT BAKER . I am a surgeon, of 45, Cathcart Road, Brompton—I was passing the Zetland Arms on 26th April, and saw the prisoner leaving the house, his face was smeared with blood—I saw a policeman leave the house also, and follow a yard or two behind the prisoner—several people assembled round the public-house door, and a scuffle ensued—I cannot say who between, but I saw the deceased fall heavily in the road on the back of his head—I did not see any blow—the road was very irregular, it had been granted and rolled—the deceased did not move after he fell—I stepped up to him and found him perfectly insensible from concussion of the brain, and bleeding profusely from the right ear—I had him removed to an adjoining house—the police-surgeon came, and after two and a half hours I thought it right to remove him to St.-George's Hospital—they carried him there very carefully.
Cross-examined. I was on the same side as the public-house, and I saw no blow.
WILLIAM MARSH (Police Inspector B). I was at the station when Fitch brought the prisoner in; I detained him till enquiries were made—he had been drinking, and he had a wound on his face which was covered with blood—Hill came in and made a statement in the prisoner's presence, and the charge was entered at 8 o'clock at night, which was nearly three hours after he was brought, he was charged with violently assaulting John Damerell—he expressed a wish to make a statement—I took it down, and he signed it—this is it—"I went into the tavern to take a glass of ale and left Mr. Owen, my friend, about five minutes; during the time I was drinking my ale, I asked one of-three men there sitting 'Are you a Devonshire man?' The injured man and another rose from their seat and said "What do you know about Devonshire?" I said—' I know nothing at all' They surrounded me and challenged me to fight without any provocation; the injured man struck me on the eye, I stood on self-defence; on turning out of the public-house I saw the man who hit me—on the eye, and I struck him,"
GEORGE FITCH (Policeman B 282). On 26th April, I was on duty near the Zetland Arms, and saw a crowd, and a man lying on his back in the road—I had not seen the previous part—the prisoner was given into my custody—he said that he struck the blow, but he was put upon, by the rest first.
insensible, blood was coming from his right ear, and there was a bruise at the back of his head—I attended to him—he died about 6.30 next morning, and on the following day I made a post-mortem examination and found a fracture of the skull on the right side, passing backwards to a bruise—the brain was lacerated, and there was a considerable amount of blood—death was caused by the combined effects of the fracture of the skull-and laceration of the brain—if he fell on his head on a hard road, either, with or without a blow, that would be likely to produce the effect a blow from a man's fist would hardly produce the fracture—I saw no, external bruise by the ear—I do not consider that the blow on the head caused, the concussion, but the blow on the ground.
By THE COURT. It was so severe that I think the fist could not have done it.
The Prisoner received a good character.
NOT GUILTY .
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MR. WAKNER SLEIGH the Defence.
JOHN WOODS . I am a plaisterer—on Saturday night, 17th April, at 9.40, I met the prisoner and his wife at my street door as I was coming out with my wife and mother—we all went into a public-house to drink my-wife and mother then went home, and I went to the prisoner's, house by invitation to have a game at cards with him—he—is a, plumber—we got to his house about 9.55—he said he had no drink in the house but he would go and fetch some—he took away a bottle to get some gin and was absent between five and eight minutes—while he was gone I sat down and lit my pipe and was sitting by the fire-place smoking when he came back and struck me on the side of my head—his wife was there—he said nothing when he struck me, but after wards he said that I had been taking liberties with his wife while he was out—he did not say a word to his wife—I was suffering from rheumatism at the time, and he knocked me out of my chair—I said that he must be mad to accuse me of such a thing—I got up, got my hat and stick and went away, I met him at the, street door and told-him I would have it out with him on Monday morning—he replied "Good night, John"—I slipped down coming downstairs and lost my hat, and as I was picking it up I said that—he was not sober, nor was his wife—theirs is a large room, a sitting-room and bed-room in one—I had-also been drinking—his wife heard him accuse me and told him he was a fool I lit my pipe by the candle and did not use a fusee.
Cross-examined. I did not notice a benzoline lamp in the room—I have known him over three years, his wife worked for my wife—I never saw any unkindness to his wife and never heard her complain about him—he, is an industrious steady man, taking his money home—they were living, together on this night happily I-believe—no laughing or chaffing was going on in the room—we were in very good spirits—the woman, was more sober than either of us, but she had been drinking—the prisoner seemed to know what he was about when he came back from the fresh air, he and I had-had about the same amount of drink—I know he said "Good night, John,"-and he might have said "All right, good night, John"—he did not shake hands with me—I can't say that his wife laughed when she said that he was a
fool, but it was said more in a jocular way than anything else, it was not in a passionate way.
SARAH WOODROUGH . I am the wife of Henry Woodrough, a carriage painter, of 24, Paradise Street, Marylebone—we occupy the parlours on the ground floor front, and the prisoner occupied the first floor front—they had lived there fire weeks, on Saturday night, 17th April, we came in about 12.30, and while we were sitting at supper there was a quarrel overhead more than usual—I could hear high words, my husband was very tired and went to bed, but I still sat up feeling very warm, and hearing an extra screaming I ran upstairs to the second flight of stairs adjoining their room, and heard Mrs. Cole say "Oh, don't! oh, don't! Put it down! put it down! Oh, you wretch; oh, you wretch," and then she ran round by me and fell down kicking her heels on the floor"—I then went down and roused my husband; but hearing nothing further I returned to my room—I then rushed upstairs again and heard Mrs. Cole say "Give me the key; give me the key!"—she was beating her hands on the door, and her screams were most dreadful—my husband opened the window, called a policeman and let him in—I had never seen the prisoner before that night.
Cross-examined. My husband entered their room, but I did not—he came down and told me that he threw a sheet over Mrs. Cole, to prevent the flames—I did not open the door because I thought it was locked, and I did not try the handle because there were two dogs in the room—I heard the prisoner and his wife chasing one another about the room—I did not hear them laughing—it was half an hour from the time I heard the words, till I heard the screams—there was not a benzoline lamp in the room, but there were two brass candlesticks—there was a very large fire in the grate—a cab was fetched by the police and the prisoner helped her down, and carried her through the passage into the cab—I went into the room the same evening to see if the door was locked—I did not see a flour bag there, it was searched for—one of the policemen told me that the prisoner had thrown a lot of flour over his wife—I believe the bedroom door was always locked when they went out.
HENRY WOODROUGH . I am the husband of the last witness—on 17th April, I came home and heard screams in the front room—when my wife awoke me I. found a constable outside the window—I let him m. and he went into the prisoner's room—he opened the door, but I don't know how—I followed him in and saw the prisoner's wife sitting on the side of the bedstead quite naked—I saw that she was burnt, and in answer to a question by the. constable she said that her husband had thrown a fusee at her, but "I understood her afterwards that he had set fire to her with a lamp—I know there was no lamp in the room, and what she said was that it was done through larking, not by the lamp.
Cross-examined. He was not holding her down with a blanket when I went in, he was sitting by her chair doing nothing—I mean to swear that—I know that my wife has been examined—that was said at the police-court by the prisoner—it was a foot and a half or two feet from where he was sitting to the arm chair—I am sure I have not made a mistake about the blanket—I opened the street door to let the constable in—I did not open the room door, but I saw the prisoner open it from the outside—I have not said that I saw my wife coming to put out the flames with a sheet—I did not tell my wife that he was holding her down with a sheet trying to put out the flames—I said to the deceased "It could not be done with a lamp,"
and she said that they did it larking—she said in my presence 'that it was not accidental—they were living in comfort together, but they had" had a quarrel before, they had had words and she was screaming—I said that at the police-court—I do not know whether they might have been larking—the door was shut.
HENRY RICHARDS (Policeman D 41). About 1.30 on this morning I was in Paradise Street and heard cries of "Police "I went to No. 24 and saw the deceased looking out at the window—she said "He has set fire to me"—I said "Open the door"—I remained there ten minutes, and then Mr. Woodrough opened the parlour window and asked me if I wanted to come in—I said "Yes," and he opened the street door—the deceased was screaming while I was waiting for admission, as if, in distress—I went up to the prisoner's room, the first floor-front; it was not locked—I turned the handle and saw the deceased sitting on the side of the bed quite naked, and the prisoner sitting in a chair by the side of the fire, smoking—the deceased showed me her side which was-very badly burnt, and I sent another constable for a doctor—I asked her how it was done—she said-" He struck a match and set light to me"—the prisoner said "It was a fusee, I threw it at her"—I covered her up with a quilt and a doctor came and-ordered her removal to a hospital—I found burning clothing on the floor of the room—I extinguished the fire—the clothing was 4 or 5 feet from her, between-" her and the deceased—she had evidently been drinking and-smelt of it, and she was very much burnt; she appeared to be in very great pain, but the prisoner never made any attempt while I was there to assist her in her distress—when the doctor came she said" What are you going to do with him?"—I said "We are going to lock him up-"—she said. "Don't do it we were larking"—the prisoner was the worse of the two as to drink—I took him to the station and came back and searched the room—I found a box of matches, not fusees, on the mantle shelf and this brass candlestick under the grate, broken as it is now—there was a quantity of candle fat on it and likewise on the stove; there was a fire in the grate.
Cross-examined. The prisoner rendered her no assistance at all—he did not-carry her down the stairs and through the passage to the cab—I mean to say that if that has been sworn to by Mary Amn. Woodrough—it is untrue—I only gave evidence on March 1st and 11th—I said nothing about the matches; they were left there, I did not take possession of them; it was only a common box of lucifers—I did not say a word about it till I was asked if I found a box of matches, and then I said "Yes"—the prisoner was allowed to come downstairs but he did not assist her, he was in custody—Mr. Woodrough was in the room with me when I saw the woman on the bed—she said "Don't lock him up, we were larking."
Re-examined. No professional person conducted the prosecution-before the Magistrate, and I was called again a few days afterwards and asked about the candlestick—no fusees were found in the room.
HENRY WOOBROUGH (re-examined). I know Mrs. Broden, but not Mrs. Pickard—I understand they are the deceased's sisters—I—did not tell both of them that when I went into the room the prisoner was protecting his wife with a sheet or a blanket; nothing of the kind.
GEORGE ISAACSON (Police Serjeant D 2). On Sunday morning, 18th April, I went to the prisoner's room, about 1.30, and saw his, wife there—the constable was trying to extinguish the fire, and the prisoner was sitting in a chair in his shirt-sleeves, with one arm on the table, smoking his pipe in a
comfortable manner—his wife was on the bed, about 7 yards from him; she said that he had set fire to her by throwing a match at her—afterwards he said that it was not a match; it was a fusee—water had been thrown on her before I arrived, and the constable was taking the burning things off her, and he took off part of the cover of the bed and threw it over her, and then the other articles of clothing were rolled together to put them out—none of the bed linen was burnt—the deceased had very few clothes on, and what she had was burning—she had on a chemise; I am not certain whether she had a bed gown—I found that her left side was very much burnt indeed, and the doctor ordered her removal to the hospital—she was crying very much and speaking in a very excited manner—I said to the prisoner "You will be charged with setting fire to your wife and causing her grievous bodily harm"—he said "Oh, she is not burnt much; just look here where I have been burnt," showing an old scar on his arm—she said "Oh, don't take him away, he could not help it"—he walked downstairs very well; he had been drinking, but was far from being drunk—he went to the station, and after the charge was read over he said "Well, if I did do it was not intentional"—his hands were perfectly clean; there was no sign of his having attempted to extinguish the fire.
Cross-examined. There was a mark on his arm; I can't say if it was a burn—I did not swear at the Police Court that it was a burn; I swore that the prisoner told me had got a bum on his arm—I said that it was scar; but it had the appearance of a burn—the prisoner took off such of the deceased's clothes as he could get off; part of her chemise and night gown—I do not remember anything else—she was not sitting on the bed, but I saw her sitting there afterwards, very nearly naked—she had got her things on when I went in, and the constable was tearing them off—she said "Don't take him away"—she did not then say that they were larking"; she did after wards, but she said a great deal before she said that—she said two or three times that he threw a match at her and set fire to her, and when she found that we were going to take her husband she begged us not to do it—I saw no matches in the room; I was there when it was searched—I did not hear it stated at the Police Court about matches being found—I saw the deceased put into the cab by Policeman 207—the prisoner did not carry her through the passage to the cab; he was up in his room—he followed her down; he went down quietly before me and I stayed up in his room he went down directly after she was carried down—I did not go downstairs while she went down—she was just at the door of the cab and I was at the bottom of the stairs when she was being put in—I did not see the prisoner carry her and put her in, but he might have carried her along the passage before I arrived.
Re-examined. I was always present before the Magistrate—Richards was only examined twice—I do not remember his being asked questions on any other occasion, but I was in and out of the Court.
FREDERICK WILLIAM SPURGEON . I am a surgeon, of Henrietta Street, Cavendish Square—I was called to 24, Paradise Street, about 2 a.m. to the prisoner's room and found the deceased sitting on the side of the bed naked to the middle of her body and her lower parts covered with a quilt—she was burnt on her face, the left side of her chest, neck, and the inner side of her arms—Richards was there when I got into the room—the burns were so dangerous that I directed her removal to the hospital.
By THE COURT. I saw none of the burnt clothes then, but 'I did subsequently
—I did not examine to see what clothes they were—the bed was not burnt.
WILLIAM EDWARD CREE . I am house-surgeon at Middlesex Hospital on the morning of 18th April, about 11 o'clock, I examined Mrs. Cole there—she was excessively burnt on the left side of the chest and abdomen, and on both hands—she had been attended to before I saw her—I continued, to attend her till her death, which took place on 30th April—I did not think her in danger at first and she continued to progress satisfactorily, but a change took place half an hour before her death—the unfavourable sign was difficulty of breathing, she was obliged to sit up in bed, and there was a cold clammy sweat, that is collapse—I afterwards made a post mortem examination—the cause of death was failure of the heart, taken in conjunction with the shock of the burns—the heart was healthy to the naked eye, but micro scopically there was fatty, degeneration—the lungs and the upper part of the intestines were congested, which I attribute to the burns—it extended-over the whole lung.
Cross-examined. Her age was about thirty—the congestion of, the lungs was not sufficient to cause death—the fatty degeneration of the heart was not, I think, advanced far enough to have caused death, but I cannot-swear that—it is possible that if she was worrying herself about her husband being locked up in prison, that the fatty degeneration would be sufficient to cause death without the burning at all the fatty degeneration certainly did not come from the burning—there were two causes which it is possible might have combined to cause deaths without the—burning; fatty degeneration, and mental worry—the aspect of the burning was improving up to the time of her death and even when the, collapse came, on there, was no sign of the burns being worse—fatty degeneration is a gradual, process, person, must be prematurely old—drinking, would accelerate it and bring it on—a person taking suddenly to drink at thirty years of age might cause it, but that would not cause congestion, of the lungs.
Re-examined. Burning, would be more, serious to a person with fatty degeneration of the heart than to—a healthy person—the cause; of death was the fatty degeneration and the burns taken together.
The prisoner received an excellent character, and two sisters of the deceased deposed to his affectionate-Kindness to his wife and for bearance to her faults.
NOT GUILTY .
THIRD COURT.—Wednesday, June 9th 1875.
Before Mr. Common Serjeant.
MESSRS. BEASLEY and MEADE conducted the Prosecution; and MESSRS MONTAGU WILLIAMS and Charles Mathews the Defence.
HYPOLITE BLANCHARD . (interpreted). I am a clock" movement "maker in Paris—the prisoner came twice to see me there—he was a watchmaker—I know the firm of Blumberg & Co., in London—they' are well known clockmakers—I did not know them to be of Cannon Street—I had done some work for the Paris house of Blumberg & Co., but not the London house—in February, 1873, I received this letter, purporting to come from Blumberg & Co., (produced)—it has a printed heading. "N. Blumberg
& Co., 3, Grafton Street, Tottenham Court Road. To Messrs. Blanchard, Merchants, Paris. London, 28th February, 1873. Gentlemen,—Please to send us by post the prices of your movements, striking movements, and also without striking movements; and the difference which may be between dials of such a character with glass, first and second quality, and to tell us if your prices suit us, if you are able to deliver our orders in the space of a fortnight. Hoping to receive your answer, accept our sincere salutations, Blumberg & Co."—on that letter I first sent the prices, and some days after I sent some samples—on the 3rd March I received another letter containing an order, in consequence of which I executed the order, and forwarded it to the address given, which was the same as the last letter—on the 2nd April I received another letter containing sixty-five items of different measurements, and signed "N. Blumberg & Co."—I executed it—I also received other letters dated respectively, 16th April, 29th April, 7th May—our custom was to pay once in three months—I also received letters dated 9th May, 30th May, 9th June, 17th June, about a dozen items containing about eighty movements, which I sent; 20th June, fifty-six movements which I sent; 24th June, two movements of different dimensions which I sent; 30th June, fifteen rims of movements of different sizes which I sent; 8th July, 21st July, 23rd July, 12th August, and 16th August, in which the prisoner said "Whatever is ready of our order, send it off," which I did—I sent him an abstract of invoice—on each occasion I sent an invoice—this is a bit of the invoice, March 19th—it goes down to July, but it is not finished—I value the goods that I sent at about 16,645 francs—the heading on the letter induced me to send the goods, having had transactions with a house of that name in Paris—I thought I was receiving these orders from their London house—not hearing from them I came to London—I never received any money, and I went to 3, Grafton Street—I did not see the defendant there, and there was no name up—it was a decent private house—it showed no business, but I think there was adressmaker there.
Cross-examined by MR. C. MATHEWS. I made inquiries about Blumberg, but could not obtain any information.
By MR. M. WILLIAMS. Blumberg & Co., of Cannon Street, have a house in Paris, Rue De Bonde, 60—I reside at Rue Saint Orge, 4—I did not make any inquiries in Paris, of the Blumberg house, before I sent these goods.
SARAH ANN BELL . I reside at 3, Grafton—Street, Fitzroy Square, and was there in 1873—I am a dressmaker, and occupy the two parlours—in December, 1872, the prisoner came and took a room in my house—the whole house is mine—he had another man with him—I never knew his name properly; I think he was called Brunneau on his trial—he acted as interpreter to the prisoner, who did not speak English—they took the first floor back room, which they occupied, sometimes together, and sometimes one, and then the other—they said it was merely to write their letters and receive them—they came pretty nearly every day, one or both of them—I did not know where they lived—they gave the name of Blumberg, and a small plate was put on the door "M. Blumberg & Co."—a quantity of goods came there in large cases by railway vans, sometimes everyday and sometimes not a thing—the prisoner said his name was Blumberg, and the cases were addressed to "Blumberg & Co.,"—they would take them in themselves if at home—if not I took them in or somebody else, and delivered to them—sometimes the cases were too large or to heavy to come in, and they unpacked them outside—when I was near I could see the contents,
generally marble clock cases, perfumes and different things—the things when unpacked were taken upstairs, and they were frequently having carts taking them away—I don't remember their being taken away before being unpacked.
Cross-examined by MR. MATHEWS. I have spoken of them in the plural, but my communications were with Brunneau, because the defendant did not know English—I used to talk English to Brunneau—sometimes the defendant would be absent for several weeks.
Re-examined. Tie other man would then come every day—Brunneau would speak to me in English, and speak to the prisoner in French—they gave up possession about the end of July—they paid 5s. a week rent.
ELEANOR STRATFORD . I am the wife of Thomas Stratford, of 10, Belvedere Crescent, Lambeth—in March, 1873, the prisoner came to hire a room of me—he introduced himself as "Blumberg & Co." and gave me a card—I have not got it—I gave it to a man I employed to put some shelves up, to find them by it—I asked for the card again, but I could not get it—the prisoner had another man with him, when he came, Brunneau, who was tried last year and sentenced (See Vol. 79, p. 360)—they took the front kitchen, which they used as a sort of warehouse and paid 3s. 6d. a week—they had it until the October, of the same year, 1873—the prisoner always paid the rent—"Roberta" was the name I knew him by—cases came frequently, say every week or two, clocks and vases—they were taken away regularly by the prisoner, sometimes in cabs—I bought a clock of him when he was leaving, which I paid for by instalments, and he gave me this receipt (produced,) dated 27th September, 1873—he signed it in my presence—I saw him write all the bottom part of it—he only wrote the signature in those two receipts—he wrote "Received" I saw him write.
Cross-examined by MR. MATHEWS. The prisoner came with Brunneau, originally—the prisoner spoke French.
Re-examined. The prisoner agreed to take the room—the other man acted as a kind of interpreter, speaking to him in French—I don't consider that Brunneau actually made the bargain, because he represented the prisoner—I lot the room to the prisoner through him.
By MR. MATHEWS. This receipt (produced) was shown me when I was last here—I did not then say "This paper bears my lodger's signature, but was not signed in my presence"—I bargained with the prisoner for the clock—I could understand him a little by that time—he wrote what he called "shillings" on the receipt—he hired the room as a shop, and I thought he was going to work there—he used it as a warehouse.
ANN FARRAR . I am the wife of William Farrar, of' 6, Lambeth Square, a butcher—I know the prisoner—at the end of March, 1873, he took lodgings in my house, he came in company with the man who was convicted, Brunneau—I think Brunneau spoke to me—the rent was 6s. a week—the prisoner gave the name of Godin & Co., and had the front parlour, furnished as a bedroom—he remained there about eight months—I think he left the first week in November—he did work there, fixing clock movements and fixing them up to go in their cases—I have seen goods come there by railway vans—I should think seven or eight times—the prisoner generally received them and opened them—Brunneau came there from time to time also, and saw what these cases contained, clocks and bronze ornaments—the prisoner took away a great many when ho left—he gave me a week's notice and took away all the goods that were there.
JULIAN DAVIS SOLOMON . I am an auctioneer of 303, Strand in June or July, 1873, a man named Nathan came to my shop with a man named Bruuncau, who was introduced to me as "Blumberg, of Blumberg & Co., 3, Grafton Street"—I bought some clock movements of them—I had a transaction with them in the end of June or July—I gave an invoice—I gave the goods up at the last prosecution—the prisoner also called on me in August—he asked if I had some clock movements—I had at that time placed the contents of one of the cases on the floor, and I pointed to them and be went to examine them—they were some that I had purchased of Brunneau—he looked at them and went away.
Cross-examined by MR. MATHEWS. I always did my transactions with Brunneau and arranged the price with him.
ETIENNE PIGNOT . I live at 46, Wells Street, and am a stove maker—I have known the prisoner since about 1873—I have, seen him in Grafton Street—there was no name on the door at first—afterwards when I went to see Brunneau, Brunneau told me to ring the bell, when I saw the name of "Blumberg & Co."—I have been in the room two or three times—I didn't pay any attention to what was in the room—I believe there were some clocks—Brunneau did writing for me at my place—I have seen him and the prisoner together in the street sometimes, and they have come to my house together—I know Brunneau's writing very well—all those letters produced are in his writing—that is not the signature of Brunneau, nor do I believe that is.
Cross-examined by MR. M. WILLIAMS. When I went to Grafton Street I was told to ring the bell, and I saw the name up and found' Brunneau there.
Re-examined. I saw Godin there once, but not on, the occasion I am speaking of.
HENRY DANGERFIELD . I am assistant to Mr. Brown, a pawnbroker of Ryder's Court, Leicester Square—I remember the prisoner coming to the shop—the date appears in that book—I think it was February, 1873—he brought seven clock movements, I think, and pawned them—I should think they were French—he gave his address, 20, Boskerville Gardens—they were in my possession when the officer came—he signed the book produced.
Cross-examined by MR. M. WILLIAMS. I saw him sign, it was on 7th February, 1874—his name "Godin" is at the bottom.
WILLIAM TIFFIN . I am chief clerk to Messrs. Blumberg & Co., of 2, Cannon Street, and have been with them for thirty-three years—their address was the same in 1873—it is their only London address—I never knew the name of Brunneau or Godin as being connected in any way with our firm—I never heard of them except in this building in Brunneau's trial—Mr. Blanchard, of Paris, is not a correspondent of our London house—I have seen the file of letters produced—none of them are written by any clerk or member of our firm—I know Mr. Blanchard has occasionally done business with our Paris house, but rarely.
WILLIAM LOWE . I live at 21, Union Street, Middlesex Hospital—Brunneau, whom I know as "Larrie & Co.," rented a room of me—I have occasionally seen the prisoner with him, but my transactions were always with Brunneau or Larrie—the prisoner came with Brunneau—it was about December, 1873, I think.
Cross-examined by MR. C. MATHEWS. The prisoner never came there except in the company of Brunneau.
CHARLES CHABOT . I have for more than twenty years made the study of handwriting an object, and am frequently called to give evidence in matters of comparison of handwriting—I have seen the letters in Court signed "Blumberg & Co." and the receipts produced—it is my belief that the signatures to the letters without procuration, "M. Blumberg & Co." are in the same writing as the two receipts signed "Roberts"—I have seen the book produced—it does not assist me at all—I have only seen the signatures this morning.
Cross-examined by MR. C. MATHEWS. I have said before that the signatures to the letters appeared to be in an Englishman's writing, and also the receipts—if you look at these "R's" they are more like an Englishman's than a Frenchman's—the "R" in "received" is just like an Englishman's writing—the "e" in Blumberg & Co. very much resemble the English character—the "1" is like the French—if you look at the "I" in "shillings" you see there is no upstroke—it is almost like a capital—it is formed in one—you find some "I 's' in Blumberg sometimes like one and sometimes another—I think from the "I" in "Blumberg & Co." the writing is an Englishman's in imitation of a Frenchman's, and' so I should say of the receipts.
ADOLPHE MARCHANT (Detective Sergeant). I took the prisoner into custody on the 15th of April this year outside Maryborough Street Police Court—I told him I was a police officer and had a warrant for his apprehension for defrauding Mr. Blanchard—he said "I was not aware that a warrant could be executed after six months, and I have been in communication with Blanchard with a view to his withdrawing from the prosecution"—I spoke in French.
GUILTY — Five Years' Penal Servitude.
MR. J. P. GRAIN conducted the Prosecution.
WALTER WHITE . I am a warehouseman in the employ of John Venables, of 68, Wood Street—on 7th June, about 1.40, I was taking stock and standing on a ladder in the warehouse when" I heard a noise and saw the prisoner come in at the front door and take a piece of satin off the counter—he went out with it and I jumped off the ladder and went after him—he went into another warehouse (Gladman's)—I followed him in and saw him drop the parcel of satin—he ran out and. I followed him into Wood Street and took him into the warehouse—I then returned to Gladman's and got the piece of satin—its value was 8l. 7s.—I am able to identify it.
Cross-examined by the Prisoner. I suddenly laid hold of your collar—I don't know whether you had anything in your hand—I don't know whether there is a pump in a little turning near—I don't know that knocked a bit of bread out of your hand—I saw the policeman at the station pull something out of your pocket—I did not say to you, when I laid hold of you by the collar, "Were you not in our warehouse"—I kept you about five minutes I should think, not a quarter of an hour or twenty
minutes—I picked up the piece of satin in Gladman's shop—I didn't want to ask you where it was.
JAMES POND (City Policeman 164). About 1.45, on the 7th June, I was called to the prosecutor's warehouse and the prisoner was given into my custody for stealing a piece of satin which was fetched from another warekouse—the prisoner said he had not taken it because he had not been in the warehouse—I asked him where he lived and he said he had no fixed residence.
Prisoner's Defence. I went to the pump and took a drink of water and was eating a piece of dry bread when the warehouseman suddenly laid hold of me and jerked it out of my hand and asked me as I was going along the road if I had the goods. I knew nothing about the goods and I told him so and he keeps mo a quarter of an hour or twenty minutes. I told him I had not got it and knew no more about it than he did. I have not a friend in London.
Various former convictions were, proved against the Prisoner.
Seven Years Penal Servitude.
FOURTH COURT.—Wednesday, June 9th, 1875.
Before Mr. Recorder.
MR. METCALFE, Q.C., and MR. SUADE conducted the Prosecution.
ALEXANDER MORTON . I am postmaster at Strathaven, Scotland—I know Mr. Robert Fergus very well—on 29th May he came to the office for a money order for 7l., payable to C. H. Spurgeon—this is the order (produced)—he wrote a letter in my office which he gave me and I put the order in it and addressed the letter at his request to Mr. C. H. Spurgeon, Metropolitan Tabernacle, London—I put the letter in the mail bag which left the office at 5.50 that night and "would arrive in London about 10 o'clock next morning—I sent this letter of advice by the same mail, authorising the payment of the order and saying that the money was paid in by Mr. Fergus.
CHARLES WHITE . I am a clerk in the Money Order Office, 6, Aldersgate Street—I received this letter of advice on 28th May—the name of the person who sent it was Robert Fergus and the payee was C. H. Spurgeon—on Saturday, 29th May, the prisoner came to the office and gave me this order—I went to get the advice, and noticing the way in which it was signed I asked her who signed it—she said "Mr. Spurgeon"—I then took it to Mr. Wight, my principal.
JAMES WIGHT . I am principal at the Money Order Office—on Saturday, 29th May, in consequence of a communication from Mr. White, the prisoner was brought into my room—I asked her from whence she got the order—she said from Mr. Spurgeon, who was a customer of theirs who had given it to her to get changed—I asked her if she could give me his address—she said "No," that they did not usually know the names of their customers—I asked her own name and address—she said "Street," but corrected herself and said "Barnes"—I said "Mrs. or Miss Barnes"—she said "Miss Barnes"—I asked her what business she was in—she said "Private boot and shoe makers"—I asked her if the name would be in the Directory—she said "No," because they were private bootmakers—I told her that 1 must keep
the order and that Mr. Spurgeon must come himself for the money—she then left the office—I kept the order—I wrote to Mr. Spurgeon the same afternoon—I also wrote the name and address she had given me on the back of the order "Miss Barnes, 6, West Square, Southwark"—Mr. Blackshaw, Mr. Spurgeon's secretary, called on the morning of 31st May and I went with him to 6, West Square, and saw Mrs. Barnes—in consequence of what she said I went to a shoemaker's shop in Garden Row, which is two or three minutes' walk from West Square, and saw the prisoner seated in the shop—I asked her if she recollected coming to the office with a money order—she said "Yes"—I said "Why did you give the name of Barnes?"—she gave a confused answer which I did not quite catch—I then asked her from whom she had got the order—she still said she had got it from Mr. Spurgeon who was a customer; that he-gave it her about 2 o'clock-to-get cashed as she was going to the City, but afterwards came for it as he was going to the City and would get it cashed himself, and that afterwards he brought it back to her and said that he could not get the money as there was no advice, and he asked her to get it the next day—I asked her for Mr. Spurgeon's address—she said-she-did not know it, that she might not see him again for a week or perhaps a month—I asked if it was usual for: their customers to leave 7l. on their hands for a week or a month—I think she said "No"—I asked her if she could describe the gentleman who gave her the order—she gave a sort of description, answered my questions as I put them to her, whether he was tall or short, and so on—I asked her if Mr. Spurgeon called for the money' whether she would give him in custody and she said that she would, she was then given in custody—the order is for Charles Hadden Spurgeon—I have not been, able to find any other gentleman "of that name except the gentleman who is so well, known.
Prisoner. When you said how often was it usual for us to see a customer?, and I said, "Perhaps. once a week perhaps not for a month," I was not referring to the man who gave me the order;. I was speaking of the customers in general. Witness. I asked, the question as to when he was likely to come for, the money; you said "Not for a week, perhaps not, for a month.
CHARLES BLACKSHAW . I am secretary to Mr. Charles Hadden Spurgeon, of the Metropolitan. Tabernacle—he has a correspondent named Robert Fergus, living at Strathaven—all money orders payable to Mr. Spurgeon come through my hands—this order never, came into my possession—the signature is not, Mr. Spurgeon's writing—I went with Mr. Wight to the prisoner's house; I asked her if. the order was given to her signed, or if it was signed in her presence—she said it was given to her signed-—what Mr. Wight has stated as to what took place, is correct.
CHARLES HADDEN SPURGEON . I am minister of the Metropolitan Tabernacle—I never signed or authorised the signature of that order; I may add that I never sign post-office orders—we send them, to the London and County Bank, and they take them from the Bank—we never sign them in any shape or way—I did not know the prisoner before this transaction that I know of.
MARIA BARNES . I live at 6, West Square—I know the prisoner as a tenant; her name is Mrs. Street—she lives at 15, Garden Row, and her husband is a shoemaker—I know nothing about this post-office order.
way to the station, and she wanted to speak to him, but I would not allow her.
Prisoner's Defence. The order was given to me, as I have stated, by a customer, whom I have known by the name of Spurgeon, and I presented it That is all I know of it, without knowing it to be a forgery, or knowing anything to be wrong with it, until the order was stopped. That was the first impression I had that anything was wrong with it. Unfortunately I don't know the address of the customer. We have many customers we don't know the addresses of.
The Prisoner received a good character.
GUILTY of uttering — Judgment Respited.
407. WILLIAM FREDERICK PAGET MATURIN (28) and AMBROSE BROWN (25) , Stealing on 16th February an order for the payment of 49l. on 18th March an order for 20l., and on 23rd April an order for 44l. 16s., of William Champion Jones and others, the masters of Maturin.
MESSRS. POLAND and BESLEY conducted the Prosecution; MR. MONTAGU
WILLIAMS and MR. AUSTIN METCALFE appeared for Maturin; and MR. METCALFE, Q.C., and MR. STRAIGHT for Brown.
JOSEPH CHEW . I am employed by Mr. George Hoar, a fruit merchant and commission agent, at 47, Hart Street, Covent Garden—on Friday 2rd April, early in the morning, I received two country cheques, one from Sheffield, drawn by Richard Rylot, for 18l. 10s., in favour of Mr. George Hoar, on the Sheffield and Hallamshire Banking Company, and the other on the Wolver hampton and Staffordshire Banking Company, in favour of George Hoar, for 44l. 16s., signed Samuel Larkinson—Mr. Hoar endorsed those cheques in my presence—I took them to the Covent Garden branch of the London and County Bank, where Mr. Hoar has an account—I also took this credit slip, parts of which are produced; it has been torn and the fragments are now put together—it is not in my writing—at the bank I saw Mr. South, a clerk—I handed him the two cheques and the credit slip, and he initialled the counterfoil of the credit slip—the credit slip has on it "Sheffield 18l. 10s., Wolhampton 44l. 16s."
WILLIAM SOUTH . I am one of the cashiers at the Covent Garden branch of the London and County Bank—on Friday, 23rd April, soon after 9 o'clock, Joseph Chew brought me this credit slip and these two cheques—he asked me to initial the counterfoil, and in his counterfoil of the paying in slip I have initialled the receipt of those two cheques—having received the cheques it is my duty to place them in a box which is known as the country box—I did that, after pinning them both to the paying in slip—Marturin was employed at the Bank at that time, and it was his duty to take the cheques out of the box from time to time during the day and enter them—the corner of the paying in slip is now torn off but there are the holes of the pins in the cheques now—after they are taken from the country box the ordinary course is to enter them in the "Draft Sent Book," in which particulars of drafts sent for collection are entered—the prisoner Brown is a tailor of 50, Strand; he had been a customer of the Bank for about twelve months—I know his writing—I should say that this credit slip is in his
writing. (Read: "London and County Bank, Covent Garden Branch, 50, Strand, April 23, 1875. Credit, Ambrose Brown, country, 44l. 16s." The writing on the fragments which have been pasted on this sheet of paper, is Brown's writing (Read:" 50, Strand, W.C., London. Dear Mat,—With what I shall send up this—I think I shall be about 12l. short for Murrells cheque for 61l. 8s. Look after it for me, I will send up to-day,—Yours faithfully, A. M.") In the course of Friday, 23rd April, a cheque drawn by Brown was presented to me for payment—I should say it was about 11.45. (This was dated 21st April, 1875, drawn in favour of Messrs. Williams & Murrell, or order, for 68l., 1s., signed "Ambrose Brown.") When it was presented to me I first marked the "Ambrose Brown" through with my pen; as it now appears, as if I was paying the cheque—that is the ordinary way in which I should cancel the signature to show that it is paid—before actually paying the cheque I referred to Mr. Brown's account in the ledger—I found on that morning he had to his credit, 40l. 18s. 11d.—there was no credit given to him there of 44l. 16s.—Mr. Lawrence the cashier made a communication to me, and I paid the cheque to the person who applied for the money from the Joint Stock Bank—it was paid through a bank, and not over the counter—I cancelled the cheque for payment through the Clearing House—about half an hour afterwards I looked at the cheque for 44l. 16s., and in the course of the day I wrote on Mr. Murrell's cheque for 68l. Is, "Cancelled in error"—at that time I had had information with regard to the 44l. 16s. cheque.
Cross-examined by MR. M. WILLIAMS. I possibly might have said before the Magistrate that I folded them, the cheques and slip, together, and dropped them into the box—I can't say whether I folded them or pinned them—I can't say whether Mr. Hoar sent often for his pass-book to be made up; it is usual for a customer's pass-book to come in-once a month.
Cross-examined by MR. METCALFE. I am under the impression that Maturin had a banking account at another bank, bat I should not like to say on month—Maturin's cheques have not gone through my hands—I have not looked at Brown's pass-book at all; I have nothing to do with the passbook's—I can't tell you whether Maturin-'s cheques appear in Brown's passbook; I can't answer whether Maturin lent money at all—I do-not know now that he did—we have a customer named John Coutts—I can't say whether Maturin lent money to him; my attention has never been called to it—I can't say whether John Coutts has paid money since this inquiry, or any of the other customers; I know nothing about that—Skinner & Sons are customers.
Re-examined. These two cheques have pin holes in the centre, and my belief is that I pinned them—I might fold them in a hurry.
THOMAS FRENCH LAWRENCE . I am one of the cashiers at the Covent harden branch of the London and County Bank—on Friday, 23rd April, about 12 o'clock, this slip, marked X, was brought to me by Maturin, with this Wolverhampton cheque for 16s. 16s.—he told me to place it to Brown's account at once, as there was a bill coming due—I did not notice at the time I received it from Maturin that it was a country cheque—when I received it I entered it in my money book "A. Brown, 44l. 16s."—the effect of that
entry was to make it cash—the cheque was attached to the credit slip when he gave it to me—I can't say now how it was attached—I put it in the town and cash box, behind where the cashier stands, after I had entered it—about ten minutes or a quarter of an hour afterwards I looked at the cheque again and discovered that it was a country cheque—I then spoke to Mr. Highton, the chief clerk—in due course it would be taken out of the box where I placed it for entry in the waste book—when I received the cheque the words "Account Brown" were not on it—that is in Mr. Walker's handwriting.
Cross-examined by MR. A. METCALFE. As a rule, before I put cheques to the credit of a customer, I examine them—I did not on this occasion, because it was brought to me by Maturin—it is not the custom to give credit at that once to customers for country cheques—I have not done it before for Brownam that I am aware of.
Cross-examined by MR. METCALFE. When cheques are paid in by customers themselves I should always look at them—a sum of 50l. in gold was paid into Brown's account about 3 o'clock that afternoon—with a country cheque three days would have to elapse before it became cash, and four days sometimes if it has to go to Scotland—Wolverhampton would be about three days—I knew of Maturin's keeping a banking, account at Vernon's, in Regent Street—Maturin's cheques were paid to the credit of Brown; that is how I am aware of it—Maturin's name would not appear in the pass-book—we should enter up London cheques as cash—I have not looked at his passbook—I don't know that Maturin has been in the habit of lending Brown money.
Re-examined. The name of Maturin does not appear on the credit side of Brown's pass-book; the cheques are all entered as cash—this is Brown's pass-book, for April-in his former pass-book I find Maturin's name on the credit side, "W. Maturin 12l., 4th Nov., "74"—that is in Mr. Baylis' writing, I think—there is also another entry of 10l.—on the debit side there is a cheque-drawn in favour of Maturin by Brown on' 25th' November for 10l., and on 10th December one for 20l.; I don't see any other—there is no entry to Maturin either on the debit or the credit side between 10th February and 23rd April.
By MR. METCALFE The pass-book would be a copy of the ledger account. so that in the cases I have mentioned Maturin's name would stand in the ledger.
HERBERT WILLIAM WALKER . I am one of the clerks in the Covent Garden branch of the London and County Bank—I kept the waste book on 23rd April, and it was my duty to enter cheques and slips that were put in the town and cash box—I found the credit slip X and the cheque for 44l. 16s. on the Wolverhampton Bank in that box—I entered the particulars of that cheque in the waste book—I have the waste book here—this is entry I made at the time "A. Brown, Wolverhampton and Staffordshire Bank, 44l. 16s."—I wrote the words "Account Brown" on the back of the cheque.
FRANK SLOPEB . I am one of the clerks at the Covent Garden branch of the London and County Bank and I assisted Maturin—I-find-an entry in the draft sent book of a cheque dated 23rd April, 1875, from George Hall on the Sheffield and Hallamshire Bank drawn by R. Rylot for 18l. 10s—I am under the impression that I got that cheque to make that entry from Maturin's desk—I did not enter the 44l. 16s. cheque to Mr. Hoar's credit at all—I commenced making my entries about 3.50 in the afternoon—I
entered there all the cheques I got from Maturin's desk—I recollect now that that cheque for 18l. 10s. Mr. McKewan gave to me—afterwards he said "You had better send that through in the ordinary course, and I entered it in the draft sent book for collection—up to that time I had not entered the Sheffield cheque nor the other.
WILLIAM MCKEWAN . I am one of the general managers of the London and County Bank—in consequence of information which was sent to me I went to the Covent Garden branch on the afternoon of Friday, 23rd April—I arrived there at 3.30—I think I had seen the cheque for 44l. 16s. and the other documents in Lombard Street, but I had them with me when I entered the bank—Maturin was in the bank office—I went into the manager's room—this (produced) is a ground plan of the offices of the Covent Garden branch—the desk where Maturin usually sat, is marked with his name—I don't recollect whether he was there when I went into the bank—he was called into the manager's room two or three minutes after I got there, almost immediately—I had the cheque for 44l. 16s. at that time—I asked Maturin what explanation he could give as to the circumstances under which this cheque for 44l. 16s. which had 'been paid into the bank in the morning to the credit of Mr. Hoar, found its way to the credit of Mr. Ambrose Brown in the middle of the day-—he said Brown had sent the cheque to him in an envelope and there was a memorandum with asking him to have the cheque placed to his credit as he had a bill to meet that day—I said "Can you show me the envelope"—he said he would go and loot for it—he brought in two envelopes addressed to himself, but they were both dirty and I said "It can't be either "of those two where is the memorandum—he said he had torn it in' pieces and thrown it in his waste paper basket—L said "The pieces must be there perhaps you can go and find them"—upto that time nothing had been said about Hoar's credit slip—it was about that time when we were speaking about the memorandum I said "Was not there a credit Slip paid in which these two cheques for Mr. Hoar"—he said "My rule is when there is a credit slip to check the cheque with the credit slip and then I put the slip on the file"—he proceeded to look down the file for the credit slip; but could not find it—the file had been brought into the manager's room—he then went out into the bank to look for the fragments of his memorandum from Brown—I went with him and while he was looking at the fragments of his paper basket which he had turned out on a desk behind him I looked about the floor and picked up any fragments of paper which I could find there—he gave me the fragments of paper which he said was all he could find of the memorandum from Brown—that is now pasted together and forms the document which has been produced the fragments which I picked up from the floor, with two or three pieces which came from the waste paper basket, formed the credit slip marked "A "the fragments had been screwed up in little pieces and thrown about they-covered a space of about 6 or 8 feet—they surrounded his desk, and two pieces were found in the waste paper basket, but neither of those pieces had any writing on them, they were only portions of the slip—the pieces which I picked up from the floor had been crumpled up, manipulated—I went back to the room and called him in, and after we had stuck the pieces together as well as we could, I said "There is no reference in that memorandum of Mr. Brown's of his having sent you a cheque for 44l. 16s."—he said "The cheque was sent to me by Brown"—the fragments of the credit slip had been placed out
flat so that I could make out the words "Sheffield" and "Wolverhampton," and the amount—they have been better pasted since—that is Mr. Hoar's credit slip which is marked "A"—I said "Here are the remains of Mr. Hoar's credit slip which came with these two country cheques"—he made an expression or gesture of surprise—I don't know what were the words ho used—I said "Someone has stolen this cheque, and not content with being a thief, he has thrown the fragments of the credit slip about your desk to throw suspicion on you"—he said "I hope you don't think that I am a thief"—I repeated that someone had stolen the cheque—I don't recollect whether I mentioned Brown's name at that time—he said that he was very anxious for the sake of his own character to have the matter investigated—I communicated with Mr. Mullens—the Sheffield cheque for 15l. 10s. was shown to me by the manager—I don't recollect who brought it in—I handed it to the last witness at the close of the day, to enter in the draft sent book—up to that time there was no—entry in that book of either of these cheques—I went and tried to see Mr. Brown between 4 and 5 o'clock—I went twice, but unfortunately I could not see him.
Cross-examined by MR. METCALFE. I am one of the general managers at the Head Office; there are two—Mr. Livermore is the manager at Henrietta Street—I have not gone into this matter further than the first day, the Friday, I went—I have not investigated the matter myself personally—I have not investigated, the other two items in the indictment—I have heard since that Maturin had another banking account—I have not inquired into that or seen his pass-book—I don't know whether he was lending money or not; I should state that on the Friday he said he had lent Brown money, he lent him once 20l., and turning to one of the clerks he said "And you know Brown paid it back to me"—I don't know whether he had lent money to other customers—I don't know that he has lent Mr. Coutts or Mr. Skinner money; I should think it is very improbable—I have not heard anything about it of whether since this matter Mr. Coutts has paid it back—in Mr. Skinner's case I have been told there was a sum of 100l., or some such sum, but it is really hearsay—I don't know that Maturin has lent money to any customer of the bank—I have not inquired about Mr. Skinner—I have been told by the manager they found that a sum had been placed to Mr. Skinner's credit and his account has been debited with it—I have not made inquiries to ascertain whether that case corresponded with this or not—I have been informed by Mr. Livermore, I believe it was, that a sum of money had been credited to Mr. Skinner's account which should not have been credited to his account, and his account has been charged with it and he has paid it—I can't tell you whether it was improperly charged by Maturin—I did not inquire—I did not inquire whether it was one sum or several—my impression is that it was 100l.—I have not inquired into it to see whether this case differs from Skinner's—I have plenty of work to do and I don't usually follow out the details as you are well aware—it was put into the hands of a competent clerk—I have' given instructions that the matter should be inquired into—probably Mr. Livermore will be able to tell you—I am aware that Brown has given Mr. Mullens every item from his book to the amount of 390l.—they have been looked over and I believe have been found correct—I know there was a willingness expressed to pay the money for this—I saw a letter from his attorney.
Cross-examined by MR. A. METCALFE. When country cheques are paid in it is the custom to agree them with the slip and put the slip on the file—
the file is the proper place for the slips, but I can't say that a man does not neglect his duty—they should be put in that place—I have never heard of slips being torn up or lost, except in this particular instance.
Re-examined. A clerk would not tear a credit slip up under any circumstances before the entry was made in any of the books, unless he intended fraud—Skinner's case does not resemble Brown's case, that—I am aware of—this list speaks of 633l. improperly credited to Brown, but there is a deduction of two sums, one of 100l. debited on 27th April, and another of 49l. debited on 29th April to Brown's account—that was after this matter arose and the discovery was made of those two sums, when an investigation was commenced it was found that those two sums had been credited to Brown's account—Brown is a debtor because his account is overdrawn to that amount—the letter which I have spoken of from Brown's solicitor, is the only document I have seen supplying details of the money improperly credited to him—I have not seen any list supplied by Brown or his attorney—that is a matter I left in Mr. Mullens' hands.
RICRARD MULLENS . I am solicitor for the prosecution and solicitor to the Banker's Association—I was first made acquainted with any difficulty with reference to this branch, on Saturday 24th April—I went first to the London and County Bank, Lombard Street—shortly after I arrived Maturin was introduced into the manager's room at Lombard Street where I was sitting—Mr. McKewan said to him "That is Mr. Mullens the solicitor to the bank, we have requested him to make all possible inquiry into this matter"—I said to Mr. McKewan "I think the most convenient thing for me will be to go up to Henrietta Street with Maturin"—we left together, and after calling at my office, we went to Henrietta Street—I did not take any documents with me—I had not been made acquainted with the case then, only that there was something for me to look carefully. into—when I got to Henrietta Street I was shown into Mr. Livermore, the manager's room, and he gave me a certain detail of the matter as far as it had transpired—Maturin was not present then—I saw Mr. South and took a statement from him and also from Mr. Lawrence, and then Maturin came in—I asked him to tell me how the cheque for 44l. 16s. came into his hands along with the credit slip in Brown's writing—I took down this statement in writing and afterwards read it over to him, and he said it was correct; "Baylis gave me the envelope, between 11 and 12 o'clock. I opened it, read it, and threw it on my desk; contents, a memorandum, tore this up, credit him the cheque; went on with my, work. About a quarter to 1 o'clock went out to dinner after clearing up my desk, then seeing the credit I handed it over to the cashier, Mr. Lawrence, saying 'Will you, credit this to Brown, as he has got a bill or cheque' "(he said he did know which it was) "to meet; I did not examine it; I saw it was a, cheque and that is all. A little after 2 o'clock. I returned From dinner; Mr. Livermore spoke to me about where I got credit from; told him as above. I saw Brown, on the afternoon of 22nd April, he is a tailor in the Strand; he said "My acceptance has been returned again, and I have given a cheque for it. I will send up the first thing in the morning and again in the afternoon, before you close." I understand him to mean he would pay in money that morning, and afterwards I was to mention it for him as he. would not like the cheque to go back. I did not see him yesterday. I did not go to him yesterday, or to-day; he has not written to me or 1 to him"—Mr. Liverwure gave me the fragments of the memorandum which has been produced,
and I put them in order and read it over to Maturin, and said "There is nothing said here about any cheque for 44l. 16s., how do you account for it"—he said "I can't account for it, that is how it came to me"—it was then 4.30, I think in the afternoon, and I left the bank, making an appointment for Maturin to meet me there again at 9.30 on Monday—I then went to Brown, but could not meet with him, he was at Brighton—on the Monday I went to the bank, shortly after 9 o'clock, and Mr. Livermore showed mo a letter marked "Y" beginning "Dear brother Maturin"—after reading it Maturin was sent for into the room—I then told him in consequence of something Mr. Livermore had said to me a discovery had been made that several falsifications had occurred in the books, and I particularly pointed out to him the addition of a figure "4" before "55" in the pounds column, making it appear to be 455l.—I asked him if he "would give an explanation of it, and he said he could—he looked at the book and asked to see two or three books which he named, and they were all brought into the room—he had a slip of paper and a pencil in his hands and he turned over the leaves of the books and appeared to take extracts from them—Mr. Highton, the assistant manager, then began to put questions to him and I said "No, stop, no questions must be put to Maturin, if he has anything to say let him say it, he can do just as he pleases"—he paused for a moment, threw down the pencil and said "Then I won't"—an officer was in waiting, and he was then given in custody—I afterwards investigated the matter with reference to other charges, and I have been engaged on it ever since—this list which has been used was made out by me; I should say that is not the first list that I prepared—I prepared this—the first was not quite as large as this—there was a difference of about 45l.—I have never offered to accept money from Brown, or his solicitor, and to withdraw from the charge some conversation took place between me and Mr. Moss, which was at first without prejudice, and I took up the line which I always do in these matters—this (produced) is the first list that I spoke of and the other is the same with the addition of two items and several items struck out—I found I had erroneously put down several items in that account which ought not to have been there—I made it correct and sent another list to Mr. Moss—I looked into the matter of Skinner's account which has been introduced to-day, but 1 found there was no occasion to go on with it—Skinner's casw does not resemble this in the slightest.
Cross-examined by MR. METCALFE. I first of all seat in this list, which amounts to 772l. 10s.—I found that to be inaccurate and sent in a second which amounts to 633l., which, after deducting 139l. and something else, comes to 440l. odd—I found I had to deduct Leeds 68l. Paddington, 20l.—Dublin 49l. was the one that was improperly credited; Glasgow 100l. was improperly credited—Leeds 14l. and 39l.—then there is the 44l. 16s. which is being investigated now—I made the list 633l. odd—then there was a deduction for the small balance there was on his account on 23rd April and I made the net amount 440l.—Brown owes the bank that amount; he admitted that to be correct—he gave me a statement in writing of the way in which it came about; I have that statement here; it was made in consequence of a communication I had with Mr. Moss after he was committed for trial Mr. Moss sent me a paper signed by Brown and attested by Mr. Moss—I have had communications with Mr. Moss continually—he told me that Brown believed he was borrowing money from Maturin—he said that Maturin had represented himself to him as a man of considerable property
not being dependent on his bank salary, but having property of his own, and that he had a banking, account of. his own at Vernon's—he said, he was induced, in consequence of these representations; to borrow money from him—these sums which he has admitted to be correct he said he believed he was borrowing from Maturin, and finding the money was obtained from the bank he was quite ready to pay the bank—I made remarks upon what Mr. Moss said; he has offered to pay the money—when Mr. Moss had gone over the original paper with me and told me that Brown averred that he had no idea but that he was borrowing money from Maturin personally, I put the figures over to him and said "If you look in the pass-book you will find the drafts are credited Greenock, Dumbarton, Dundee, Glasgow, Newcastle; do you mean to say that Brown did not know that he had never paid in any such drafts as those received from those places?"—I must say that that did not take place in one day; we had several interviews—Mr. Moss told me that Brown had written the letter dated from Brighton, at Maturin's dictation and that he had done it in order to get Maturin out of a scrape the difficulty understood what we were talking about—I don't find that the 100l. which was entered was debited to Brown's account two days afterwards; it was not debited until after the investigation was begun—when the first two items were discovered they were debited immediately by the. manager to Brown's account—there is 100l. credited on 20th February; I don't find a debit of that 100l. on the 25th, certainly, not; it was not debited until after this matter was, discovered—there was one, "Dumbarton," that was not debited with "Dundee," the next day or two days afterwards; I can't say whether it was or not without the pass-book—I know only two items were debited which brought down the balance to 444l.; those two items were debited since the prisoners were committed for trial—I requested that the sums as discovered should be debited—sometimes the country cheques were entered as cash, and sometimes as sent for collection—Maturin did not lend money to Skinner that I am aware of.; I should say certainly not—I investigated the matter so far as to discover that Skinner's credit was a mistake, in only one instance; I found that he had been credited with 100l. by mistake, which was afterwards rectified—I did not ascertain whether it was Maturin's mistake or not—there was not a mistake in Courts' case nor in any other, nor anything wrong—I have not found that Maturin has lent money to other people—Skinner's mistake had no reference to Maturin lending him money, so far as anything I have learned; it was discovered to be a mistake which might have been made by anybody—I do not know by whom it was made.
Cross-examined by MR. A. METCALFE. I should not like to say which book it was I pointed out the alteration in; it was a large book—he said he could explain it and he took down some figures on a slip of paper—he had turned over the leaves of one book and then another and when he seemed to stop, Mr. Highton began to speak to him and I stopped him.
Re-examined. I did not seek Mr." Moss, Mr. Moss sought me—he appeared at the Police Court as Brown's solicitor—he might have come to me once before the committal, but I would not be too sure of that—I think the earliest false credit to Brown was some time in September, but there is no corresponding debit that I am aware of until after the discovery on 23rd April—in no instance was the false credit of money belonging to Mr. Hoar credited to Mr. Hoar's advantage, until after the discovery of this
matter; Mr. Hoar had not found it out until after 23rd February—when Mr. Moss was alleging that the letter from Brighton was written at Maturin's dictation, for the purpose of getting them out of a scrape, I said that he ought to bear in mind that the credit slip was in the bank at 12 o'clock on the Friday.
EZRA LIVERMORE . I am the manager of the Covent Garden branch of the London and County Bank—I was present in the room when Mr. Mullens took down some notes of what Matmin said—on Monday morning, 26th April, I got to the bank at 9 o'clock—I found the letters addressed to the bank on my desk—shortly after I got there Maturin knocked at my door, and asked whether there were any letters for him; I searched through the letters and found one addressed to him, indeed I found two, but one was a circular—I handed him the letter and he opened and read it in my presence—he then gave it to me—this is the letter and the envelope. (Read: "Brighton, Sunday night. Dear Brother Maturin—My balance I think on Friday last was 45l., I paid in cash 6l. and 50l. the same day. I suppose Murrell's cheque is all right. I hope you managed to credit me with country cheque for 44l. 16s., I sent you under cover on Friday morning. With what. I have coming due on Saturday and Monday I shall be short unless you credit me with the country draft; I have sent telegram to shop to pay in all cash they have in case of need; kindly look after my acceptance coming due to-morrow. I am looking after Redhead as you know his cheque was returned, and I hear he is going away, so I intend to get my cash if possible. Tours fraternally, A. Brown." Addressed" Mr. W. P. Maturin, London and County Bank, Covent Garden Branch, London."
Cross-examined by MR. METCALFE. I did not know at the time this occurred, that Maturin had a banking account, afterwards I did—he was not rather dashing to my knowledge—we were not making inquiries about him before this-occurred—the matter of the 44l. 16s. cheque was discovered because it was reported to me that the cheque had been handed by Maturin to Lawrence for the credit of Brown—it was that particular cheque that attracted attention—I had not heard before this matter that he had property independently of the bank—he never alleged it to me—I have heard plenty of it since—I did not see Brown's pass-book for the reason that it was in his own possession at the time of the discovery—I suppose it came to the bank from time to time to be made up—I did not see it when it came—it was not my business to see it—I was not aware that monies, either lent to Brown or paid to him, appeared in the pass-book—I have "not seen Maturin's pass-book with Vernon's—I don't know where it is—the discovery of the mistake which Mr. Mullens has told you about with Skinner, was on the 27th or 28th April—it was a sum of 100l., not 600l.—I have not tried to ascertain whether Maturin lent him money or not—with regard to that 100l. there was not much to ascertain, inasmuch as Mr. Skinner admitted it was a mistake, and authorised us to debit his account—I did not ascertain how the mistake was made or who made it is certainly my duty to provide against mistakes for the future, and to caution the clerk who made the mistake, but at that time this affair was under investigation, and I thought it formed no part of my duty to inquire—on my oath I don't know whether or not Maturin was connected with that mistake—I believe he was—it was a country cheque fur 100l., which was placed erroneously to the credit of Skinner & Sons—they admitted the mistake, and therefore it was not carried further—I will swear it was
not done by Maturin identically in the same way as this was—it was undoubtedly in favour of Skinner's, inasmuch as it went to their credit—the slip in that case was not to be found—I. think that cheque was sent for collection in the ordinary way—I can't say whether, it went into the signed by Brown and have read it—I was informed that he offered to pay the money—I don't think there is any other slip in Brown's handwriting connected with this matter except the one relating to the cheque for 44l. 16s.—we have dozens and scores of slips in Brown's hand writing, but I think only that one connected with the items in the account which, have been put down by Mr. Mullens as credited improperly by Maturin to Brown—I don't know—it as a fact, because I left the matter in Mr. Mullens' hands.
Cross-examined by MR. A. METCALFE. I have not found any items improperly credited to other persons and debited to Brown—I have not gone through the books with that object, that was left to Mr. Mullens there was not a cheque from Dumbarton to my knowledge credited to a person named Warner, and debited to Brown improperly.
Re-examined. Brown's pass-book would be a duplicate of the ledger-Brown asked me on one occasion to allow him to overdraw his account, but that was sometime ago, and has no connection with any thing that has passed recently—regarding these false credits as true, his account was frequently overdrawn, but not to a very large extent—I may say under 20l.-up to the 25th April the account shows that he had the advantage of the false credits to the amount of 444l.
GEORGE ANDREWS I am a clerk to Mr. John Scott of Drury Lane—he is a customer of the Covent Garden Branch of the London and County Bank—on 15th February I filled up this credit slip and took with it three cheques, one Dublin 49l., Twickenham 12l. 4s. 6d., Brighton 4l. 5s. 10d., which I paid in to Mr. Scott's account at the bank—this is the Dublin cheque dated February 13th the clerk initialled the counterfoil of the paying in slip—up to the 23rd April Mr. Scott's account was uncredited with the 49l.—the two other cheques were credited to him in due course.
THOMAS FRENCH LAWRENCE (re-called), I received to Mr. John Scott's credit three cheques and this credit slip, and I initialled the counter foil the Dublin cheque for 49l. was one of the three-after receiving them I presume that I placed them in the country box—it would then be Maturin's duty to compare the credit slip with, the drafts, and he would then forward the Dublin draft to Dublin for payment-after it was advised a credit slip in favour of Mr. Scott would be made out and passed through the waste book, so that it would go in as cash to Scott's account—this Credit slip "February 16th, credit A. Brown draft 49l." is in the handwriting of Maturin—I produce my money book and find on 16th February an entry in the handwriting of Maturin "A. Brown 49l"—I should think from the position of that entry, that I was at lunch at the time it was made-after being entered in my money book the cheque would then go into the town box to be entered in the waste book—the entry in that book' is "16th February, A. Brown, National Bank draft, 49l."—that is in Maturin's writing—as soon as the entry was made in my money book and the waste book Brown's account would be good for the 49l. to be drawn upon at once—the Dublin account would be remitted through the head office—it would be Maturin's duty to make a debit and send to the head office—this is in his writing "16th
February, 1875, debit National Bank 49l. for draft sent Dublin for collection"—I find in the ledger an entry of the 16th February, of cash to the credit of Brown's account of 49l.—that is in Mr. Fullick's writing—on the morning of the 15th the balance to his credit was 39l. 13s. 9d. and on the evening of the 16th it was 26l. 3s. 9d. after the 49l. had been put to his credit—there was a debit the same day.
FRANK SLOPER (re-called). I made the entries of the country cheques from the cheques themselves—I have here an entry in the draft sent book of the Dublin cheque for 49l. on 15th February, in favour of John Scott; on the National Bank, Dublin, drawn by P. McManus, dated 13th February—I made that entry from the cheque; I can't say that Isaw the credit slip—I have also got an entry of the 20l. Twickenham cheque for 12l. 4s. 6d., in favour of John Scott, on the London Provincial Bank, Twickenham, and the Brighton cheque for 4l. 5s. 10d., John Scott—that would go direct to our branch at Brighton—T have looked carefully through the draft sent book of 15th and 16th February, and there is no other draft for Dublin for collection except the 49l. draft for Mr. Scott.
WILLIAM CHEW . I am clerk to Mr. George Hoar, fruiterer, of Hart Street, Covent Garden—Joseph Chew is my brother—I cannot say whether I took this credit slip and the cheque there—mentioned to the bank—the slip is in my brothers writing and the counter foil in Mr. Hoar's.
JOSEPH CHEW (re-called). I made out this credit slip of 18th March, 1875—there were six cheques on Sheffield, Chesterfield, Bristol, Brighton, and two from Grantham, amounting to 137l. 16s. 4d.—the Chesterfield cheque for 20l. is mentioned in the paying-in slip—the counterfoil of the paying-in slip is initialled by a clerk at the bank—I am not aware that up to this time Mr. Hoar has had. credit for that 20l. cheque—he was credited with five out of the six cheques.
WILLIAM SOUTH (re-called). The initials on this counterfoil credit slipare mine, and that enables me to say that I received those six cheques—this 20l. Chesterfield cheque is one of them—having received them they would be placed in the country box; they should have then been entered in the draft sent book—there is an entry of five cheques to the credit of Mr. Hoar on 18th March in Maturin's writing—they are the same amounts as those on the credit slip, with the exception of the 20l. cheque—I don't see that cheque entered there at all; it is entered as an immediate credit—no name is entered; simply "Chesterfield 20l."—I should say that is in Mr. Walker's handwriting.
THOMAS FRENCH LAWRENCE (re-called). The writing on this credit slip has a resemblance to Brown's to the best of my belief, but I can't say—the entry in the money book on that date is in Maturin's handwriting; the entry is "A. Brown 20l."—that corresponds with the credit slip—I should say, from the position of the entry, it was entered in the middle of the day—I should be absent from 1 to 2 o'clock.
HERBERT WILLIAM WALKER . This (produced) is the country clearing sheet for 18th March; it is in my handwriting—I made that from the cheques themselves—I have there properly entered five cheques for Mr. Hoar, but there is no entry of the Chesterfield cheque for 20l. there; it is entered subsequently—all the cheques for the country clearing go on that sheet—there is au entry in the waste book for 18th March in my writing "A. Brown, Chesterfield, R. Warner, 20l."—I made that entry from the cheque which 1 got from the town and cash box, behind the cashier—the credit slip would be with it.
WILLIAM CHARLES FULLICK (re-called). On the evening of. 17th-March the balance to Brown's credit was 16l. odd—on the 18th he was credited with this 20l., and on the 19th 16l. 8s., on the 2th 45l. 10s., and on the 20th there was a payment of a cheque or draft of 117l. 10s., and on the evening of that day his account was overdrawn 23l. 6s., giving credit for the false credit of 20l.
Brown received an excellent character. The Jury recommended both Prisoners to mercy on account of their youth.
MATURIN— Five Year's Penal Servitude. BROWN— Twelve Months' imprisonment.
OLD COURT Thursday, June 10th, 1875.
Before Mr. Justice Blackburn.
MR. MEAD conducted the Prosecution; and MR. RIBTON the Defence.
GUILTY —JOHN and T. FOY Fifteen years' Penal Servitude. BURR— Five years' Penal Servitude.
NEW COURT.—Thursday, June 10th,1875.
Before Mr. Baron Pollock.
MR. SLMS conducted the Prosecution; and MR. MONTAGU WILLIAMS the defence.
GUILTY of the attempt — Six Months' Imprisonment.
MR. GILL conducted the Prosecution; and MR. BAKER the Defence.
EMMA LYNCH . I am the prisoner's wife—I live at 50, Dudley Street—on 5th May I came down at 8.30 a.m., and when I got to the bottom of the stairs I got two or three blows on the back of my head—I put my hand up and felt a hammer—it was in the prisoner's hand—I fell and became insensible for a few minutes—when I came to myself I halloaed out and some children came and a policeman—the prisoner was taken in custody, he appeared sober—I was taken to the hospital.
Cross-examined. We have been married nineteen years and have four children, we have had six—the prisoner has attempted assaults on me before, but nothing like this—he was in the habit of drinking, but I believe he was sober then—we had been separated for five months—I work at Pimlico in the Government stores—I was employed at Cross & Blackwell's six or seven months ago, and he lived with me during that time—I left there to be confined—I was accused of intimacy with a married man there, but it was not true—the prisoner is a blacksmith's labourer at Norris, Paul, & Clements, the ironfounders in Drury Lane—on the Saturday night before this, I had had words with him when he came—my wounds are healed now there were two on the back of my head and one on my face.
Re-examined. We had lived apart for five months on account of his continual drunkenness—he assaulted me when he came on the Saturday before—he was living with me at the time I was at Cross & Blackwell's.
By THE COURT. Until I felt the blows I did not know that he was in the house—I had not seen him since the Saturday—we had words then.
EDWIN SHOESMITH (Policeman E 291). I found Mrs. Lynch u Dudley Street bleeding from two large wounds on the back of the head, and one on the left temple—she was taken to Charing Cross Hospital—I went into the cellar of 50, Dudley Street, and found the prisoner there—I told him he would be charged with assaulting his wife—he made no answer—I took him to the station, went back to the house and found this hammer with hair on it—the prisoner was perfectly sober.
Cross-examined. He went quietly to the station—he did not appear excited, he did not speak on the way—I found this hammer in the cellar—it does not follow that he used it, but there are one or two hairs on it now.
JOHN TAYLOR . I am house-surgeon at Charing Cross Hospital—the prosecutrix was brought there on 5th May at 9 a.m.—I examined her and found two contused and lacerated wounds at the back of her head, and one on the left side of her face, of a concentric shape which could not have been done by a blow or fall, but was probably done by a hammer—she remained till the 18th when she was discharged cured, she-has perfectly recovered.
Cross-examined. My assistant and I attended to this case, he has the qualification of an apothecary—I am a surgeon and physician—the wound in the face went to the bone, it had to be sewn up—it did not injure the bone—the two wounds on the head also penetrated to the sons, they might have been dangerous, but in this case they were not, there was not much hair torn off.
Witness for the Defence.
WILLIAM BURNEY . I have known the prisoner nine or ten years—when he is in drink he is not in his right mind—I "saw him a few days ago, and he was suffering from delirium tremens—I am positive he was not in his right mind—I did not see him on the day of the assault, but I saw him a day or two before, and he was not in his right mind then—my mistress said "That man has called to see you and he does not seem right in his senses."
GUILTY — Sixteen Months' Imprisonment
THIRD COURT.—Thursday, June 10th, 1874.
Before Mr. Common Serjeant.
Recommended to mercy by the Prosecutor— Six Months' Imprisonment.
412. ALFRED ALBERT PAINTER (23) , Unlawfully obtaining by false pretences from Jacob Berliner, 158 pieces of silt and satin, value l,025l. with intent to defraud. Second and Third Counts— Incurring a debt and liability by means of false pretences, under the Debtors' Act of 1869.
MR. BESLEY conducted the Prosecution; and MR. METOALFE, Q.C., the Defence.
JACOB BERLINER . I had a warehouse at 1, Bull and Mouth Street, where I carried on the business of a silk agent or merchant—I have since removed to 13, Worship Street—I was in Bull and Mouth Street for about two years—I was for a in England—I had my brother Adolphe as a partner in Bull and Mouth Street—I have known Painter about the City for about eight years, and have had business transactions with him for about two or
three years—he carried on business as a tie manufacturer at 6,—Falcon Street, City, and required materials for his business, wholesale-in the beginning of the present year he owed my firm about 2,000l. or 3,000l. that knowledge is independent of my books—the debt was partly to my firm, and partly to the people I represent abroad, Messrs. Krabner & Gobbers, and another firm—I cannot say exactly what the personal debt owing to me by Painter was—we were security for what was due to our manufacturers-taking all and deducting only from the amount that which was owing to our principals abroad, for which we had no liability, there was about 1,800l. due to us, partly for cash and partly for goods, unsecured—I heard of Powell's failure January last—he owed some money to Painter, and about this' time application was made to me by Painter for further transactions to send him in some goods to the extent of about 1,000t., I think—I said I couldn't do so until I saw how he stood, and then I asked whether he would give me a statement, which he had formerly promised: to let me have; a balance-sheet—it was just after Powell's failure that he promised me a balance-sheet—I said "Would you object to an accountant going through your books"—he said." Oh no, not at all"—I said "I will bring round Mr. Boyes"—he said "Yes, all right"—he made no objection to Mr. Boyes' name when I first mentioned it and I said I would go the next day and Mr. Boyes and I went the next day accordingly to 6, Falcon Street and saw Painter—Mr. Boyes first came to our place and then Mr. Painter was called over and we went together to Falcon Street-l, Bull and Month, Street is very near Falcon Street—I said "Now, Mr. Painter, here is Mr; Boyes, if you will let him look-through the books"—he said "I don't see why I should disclose my books to people, I am perfectly solvent if your like I will go through the books and make out a statement with your brother"—I said "All right, I am satisfied with that," upon which Mr. Boyes and myself withdrew and came away—this took place about the end of January—I-saw. Painter once or twice before I received this document in German (produced)—I went over some days afterwards and found Painter; and my brother in a small private room making out this statement—Painter was looking over the-books and had a ship of paper—nothing particular took place then, I simply wanted to speak to my brother—two or three days afterwards he brought me the paper and I think the day after Painter came over—between 5 and 6 o'clock in the evening when I was writing my letters I took the statement from my drawer and I said "Now, Mr. Painter, is this statement right?"—he said. "I wish I could read German"—I said "I will translate it for you, "and I translated it for line—on the debit side there is "To credit, 6,891l. 10s., losses: and failures, 2,200l. 5s. 6d.;" and there is a balance of 1099l. 4s. 9d. to square the account—then on the credit side (the assets side) "To goods, 3,400l.; outstanding account, 3,990l. 12s. 9d.; cash in hand; 150l. 7s. 6d.; per bills, 1,300l.; fixtures and working tools, 350l., house property 1,000, making a total of 10,191l. 9s. 0d., and the balance to the credit side is 1,099l. 4s. 9d—I said "Now, is this right? I am going to send this to my manufacturers"—he said "Yes, that is perfectly right" then he tasked me about the goods—he came next morning and looked some out and asked me. to send them in and I sent them in at different times when he sent over—there is a memorandum book, which I have not got here, but I-have the receipt book which shows that he received the goods, from which I shall be able to give you what he did receive and the dates—Davis is his man, a porter—when the porter came to fetch the goods
he signed that—there are nine receipts here commencing 11th February upon some of them are the initials of Painter himself—I sent in a memorandum of the goods as well, and also invoices or statements for goods which Callenburg delivered—I don't remember any particular occasion on which I saw Painter, between the 11th and 18th, when these goods were sent in—I might have seen him several times—the statement which I received induced me to part with the goods—by the statement I knew he was solvent, and that is all I wanted to get at; without that statement I should never have parted with the goods—about 2nd March, I received a notice of liquidation; up to which time I had no idea that my brother Adolph, had become a partner of Painter's—I subsequently on the 22nd March, attended the first meeting of creditors, and a further meeting on 6th April—this letter (produced) is in Painter's writing—I first saw it yesterday week, when my mother showed it to me on my return from the country—it is addressed to my brother Adolph, who is here—I never received any letters from Painter, between 1st February, and the time of his committal for trial.
Cross-examined. I did not know that my brother was a partner of Painter's until I received the notice of liquidation—I bad dealt with Painter for two or three years—he called himself "A, A. Painter & Co." the "Co." was put on—there was never any other partner I was told—I knew there was a company about four weeks before I received hat statement—when I went with Boyes I heard that Trouquet was a partner—he was mentioned as a partner in the notice of liquidation, so there were Painter, Adolph Berliner & Trouquet—the firm is "Berliner Bros."—it consists of myself only at present—Adolph does not belong to it now—I was carrying on business at 1, Bull & Mouth. Street, and Callenburg was in my employ as a sort of helpmate; he was a school friend of mine who assisted me in my business—I did not pay him—he did little things in the business, sometimes wrote letters, sometimes entering goods, and sometimes sent goods out—he came over to learn the English language, and was glad to assist me voluntarily, and make himself generally useful—he kept books in English as well—I subsequently went to 24, Castle Street, and still carried on business at Bull and Mouth Street—Callenburg went to Castle Street—I had not much stock there, and it belonged to my manufacturers, not to me—I went as Callenburg's assistant—the business was hosiery and gloves—the. business of general agent means hosiery and gloves, and any other things as well, and cigars when we get agencies for them—I carried on business as a general agent in Bull and Month Street—Callenburg was not acting as a general agent when I was there—he was when I was in Castle Street; he did not take to Castle Street the whole of the business I had at Bull and Mouth Street—he did not take the silk agency—I earned that on at 13, Worship Street, which was my private residence; he did all the rest—I was living with my parents at Worship Street, but I did not give up Bull and Mouth Street then—I kept it on to answer my letters, and received people who did not know that I was at Worship Street—I am not in liquidation—I have not called a meeting of my creditors—I have not been served with a demand in bankruptcy—when I assisted Callenburg at Castle Street, he received the monies and sent them to the manufacturers, and he paid the expenses—I transferred all that business to him because I was in such a state I could not attend to those agencies properly, and so I asked the
manufacturers to give the agencies to Callcnburg—there were no liabilities attached to it—Callenburg did not pay me anything for doing this—the place in Castle Street is still open—I believe Callenburg is here as a witness—I still assist him—I am not in Bull and Mouth Street now—I have a book showing my ledger account against Painter, but I have not brought it here—I can send for it—the cash included in the amount due from Painter was something like 600l., which my brother gave him, and which I did not know of till afterwards—he owed me in January about 1,800l., besides what he owed to my. manufacturers—I knew that 'at the end of January no interest was charged' for 'that money—I asked my brother for an explanation, and to my great surprise when I found the money was gone I understood it had gone to Painter—I believe Powell's failure was for something like 15,000l. or 30,000l.—I don't know; I understood from Painter that he expected to have something like 800l. by it, but afterwards ho told me more—I believe he told Mr. Boyes at the time that Powell's failure was for something like 16;000l.—I do not know the amount for which Powell failed to Painter—it was not so much as 5,000l.—the manufacturers seized the goods at Bull and Mouth Street during the time of our changing places—they had been left there as security, and I charged them at the Police Court, in consequence—the document in German, which has been produced is in my brother's writing—I suppose he wrote it in German, intending that I should send it over to the manufacturers, but I did not do so—I simply sent a statement of the balance; the result of it—I translated it to the prisoner—I spoke to my brother about it, and he said he was satisfied with the prisoner's position—I did not blame my brother for this at the Police Court—I did not call him, for I did not know where he was—Mr. Painter was keeping him out of the way at that time—he came in when the case came on, but afterwards could be found nowhere—he was placed before me—he was sitting before me on purpose to get me excited at the time—it was the first time I had Been him since Mr. Painter had sent him to the country—they brought my brother there on Painter's side, as if going to swear falsely to excite me—they were showing him the sheets, and doing everything to excite me—I do not accuse him of this—anybody can well see that he has been deceived also by this man.
Re-examined. At the time my brother was at the Courts I heard Mr. Straight say he would call my brother to contradict me, that was the cause of exciting me; they never called him—with regard to the goods which were seized at Bull and Mouth Street, one of my chief manufacturers who was also in this case with Painter's creditors had come over, and to aid him in meeting some bills it was arranged that certain" goods should be left there as security—he also promised to give a paper in writing, that when those bills became due he would meet them—instead of that he came the next day, and took away the goods—of course I didn't want that, they brought up a lot of men and took the goods out—they didn't succeed in getting them all, and what were left I gave to my father as security—the summons at the Police Court was for improperly obtaining the goods—it would amount to that—the goods were taken away with great violence—I was knocked back in my room and my arm was injured—my father's liability on the bills was about 1,100l.—'the amount of the goods he took as security taken altogether would be about 6,000l., and about 900l. worth was left—he received no consideration for having incurred that liability—Powell's matter was mentioned before Mr. Boyes—it is included in the statement of
the amount of losses—that was a question I asked Painter at the time—I said "What are these losses for?' and he said "These losses include Powell and everything"—that was when I translated that item of losses 2,200l.—he said "There will still be something more coming out of that"—that there was still something to recover to diminish that loss—I represented several foreign firms—the reason why I could not attend to the business of these foreign firms was on account of Painter's affairs which have brought me very heavy losses—there was a regular babble about it, and my credit became bad though there are some people who would give me goods to any amount—I had supplied Painter very recently with 1,000l. worth of goods—Callenburg taking the business at Castle Street, was simply to protect my manufacturers—the 600l. that was taken out of the assets of my business and given to Painter was since Christmas.
Alfred Love, I am a messenger in the Registrar's Office of the Bankruptcy Court, Lincoln's Inn Fields—I produce the liquidation proceedings in the matter of Alfred Albert Painter, they are dated 3rd March, 1875.
ADOLPH BERLINER . I am going on for twenty-two years of age—I have known Painter, since the end of 1868—I was partner with my brother Jacob Berliner in business at 1, Bull and Mouth Street, and there have been transactions between Painter and my brother in the present year—the account between them was at one time closed for three or four months—I remember hearing of Powell's failure—I went to see Painter as soon as I heard of it—he was not in, but I waited till he came, and I said I was very sorry to hear he had met with such a heavy loss, and asked him if it would effect him to such an extent as that he would have to pull up—he said "No"—I believe the account was 400l.—he said that there still remained in his business a surplus of about 1,000l.—we (Berliner Brothers) had delivered some goods which had been on order before that time, I do not remember his saying anything with reference to goods not then delivered—I went to his place for the purpose of making up a balance-sheet about the end of January—I was in and out constantly—I had not then entered into an agreement with him for a partnership—in making out this paper in the German, Mr. Painter gave me the figures—he could not write German and I wrote it for him—I went to his counting-house one afternoon, between 4 and 5 o'clock, I think it was about the end of January, I don't know exactly the day—I was there about an hour and I went again—I think it took us about three hours altogether—in giving the amounts of the outstanding accounts he took the ledger and gave them to me and I put them on paper—I took from him the figures he called out, and I gave him the figures to see if they were right—that was only done with outstanding accounts—the losses 2,200l. included the bill which he had accepted to accommodate Powell-Painter said so—I believed he had a balance of 1,099l. or I should not have been his partner—he told me he had plenty of money to carry on the business and I said "If you can give me a balance-sheet to show that, I shall have no objection to join you," and accordingly when I got this balance-sheet I did—my becoming a partner was to be kept secret from everybody, because Painter suggested that it might injure us with the Tie people if they knew it, and I said "Yes, and moreover with other people, because they might have influence over other people in other trades"—the statement was given by me to my brother—I was not present afterwards when figures were discussed between Painter and my brother—I continued with Painter up to the time of the liquidation proceedings on 3rd March, when he petitioned,
although I never got a Sixpence by the business—after that I was very ill and thought the worry had been too much for me—my, head was a state of confusion, and I went to Nottingham—I was in in Nottinghamshire till about the commencement of April—Painter knew where I was and I had letters from him—I was subpoenaed by the defence when my brother was prosecuting Painter at the Police Court—I wanted to be called, but they would not call me—I saw Painter at his house at Hawley in Sussexs after the committal, when this letter (produced) was given, to me—it was on the 29th May on a Saturday afternoon about 5 or 6 o'clock—I went to fetch him from Hawley Station and he said he had hit upon a plan which would do a great deal towards getting him out of this mess—I asked him what it was—he said "Well, look here, I have written this letter to you and you must give me an answer to it; we must not be particular what we do now; I must get out of this mess somehow"—I said "Read the letter to me"—he read it and I asked him for the letter—he said "Here you are, put it in your trowsers pocket so that it may look a little shabby as if it were written in February"—I said "Very well"—up to that time I had received no letter from him in this form—he had not told me nor had I told him that there was a deficiency of 1,000l. instead of a surplus of 1,000l.—it is not true that I prepared the balance sheet and that he had nothing to do with it—he took the liabilities himself from the ledger—he said if I were asked the question who took the stock from me I was to Bay it was Altree, a salesman in the employ of Painter, that was at the same interview—it was Painter who gave me the amount of stock—I never replied to that letter—I told him I would not reply to it—the Monday following my receiving the letter I communicated with my father and brother.
Cross-examined. The letter was given to me when I was coming from Hawley Station with Painter, to Home—I was stopping at his house, I could not stop anywhere else—I stopped there till the Monday morning following—I think I paid dearly for it; I had been there about a week before he gave me the letter—I don't know when he took the house—he was" there in December and I went down then, and in January I stopped three or Soar days I believe; I stopped there at "other times; I went down just before I got the statement upon which I became a partner—I wrote it but I didn't make it and I became a partner after it was written—there was an agreement between us; I have not got it; Mr. Painter, I daresay, has it; I don't know what he has done with it; I never had it—a solicitor named Barron. prepared the agreement—we went to him—it was dated 1st February, but I didn't sign it till' three or four days after—it was spoken of in January, and I know it was dated forward two or three days—I would not consent to, sign it until I had seen the balance-sheet—it is not true that I went through, the books, I had not time to check myself—I didn't state that to Mason, I swear—I did not say "With reference to the item 'By stock,' 3,400l., I considered that that was the value of the stock at the time, but I now believe I over estimated it"—Painter gave me the figures—I didn't know who estimated it—those figures are my writing—I did not go through the books; I only wrote down what Painter dictated—I had known Painter for so many years that I did not have any suspicion; I toot his word for it; I had known him from the time he was a boy—I knew my brother had refused to send the goods to Painter until he had seen a statement—I knew a balance-sheet was to be made out—I left it entirely to Painter; I did not check it in any way; I swear I did not look to see whether there was stock—I might have said to
Mr. Mason that I considered that that was the value of the stock at the time, but now I believe I over estimated it, but if I did it was wrong—I did not estimate the stock; I don't recollect ever Baying that I did—I wont to Mr. Baggs' office with Mr. Mason to look at the books—I did not say in Mr. Baggs' office to Mr. Mason, that I had estimated the stock and I believed now I had over estimated it—I don't know whether my statement there was taken down in writing word for word from my lips—there were two or three people writing—there was an English statement made besides the one in German—I swear I did not go and offer evidence to Mr. Mason—I was living at Richmondat that time—I have been living at two or three places since then and have visited Mr. Painter two or three times—I never went to Bull and Mouth Street and I did not go to Castle Street or Worship Street—I was still a partner with my brother according to law—I never went to my brother or any of them from the time my brother made the accusation against Mr. Painter until I was brought to the Police Court—I wont to Mr. Baggs' office with Mr. Mason—Mr. Painter always knew where I was—he went with me to Mr. Mason; he took me—I was then living at Mr. Trouquet's—they subpecnaed me to the Police Court—I had made no statement before I went to the Police Court on the first hearing—I don't recollect what my brother said at the Police Court—I went to Mr. Baggs' office very often to see how the matter of liquidation was going on because I wanted my discharge to go abroad—I did not go to my brother when I went away—I have never spoken a word to him since the 3rd March—after I left the prisoner's house on the 31st May I went to my god-father, who is a retired gentleman living at Highgate, Mr. Neugas, 103 or 105, Junction Road—I don't know which, the odd numbers are on one side and the even on the other—I only stopped there till the evening and then he went with me to my parents in Worship Street—my brother lives there as well, and I lived there with my parents—I did not talk the matter over with him—I never speak a word to him except when I go down in the breakfast-room; I say "Good-morning" and "Good evening" when we dine—I never speak a word, and I won't until I can pay him back some of that money that I owe him—that is my principle, because I think I have wronged him in not telling him of this partnership—I never said anything different to what I have said now—the defence would not call me at the Police Court—I gave my father a letter to give to Mr. Ditton—I don't know what day that was—it was about 11 o'clock on the 31st that I left the prisoner's—it might have been Thursday or Friday that I wrote the letter; that was the only statement I ever made for the purposes of the prosecution—I never told Mr. Mason that I should go to Spain if the prisoner were committed—I said that as soon as the liquidation. was finished I should either go over to Spain or South America—it is tree that I lent some money, about 600l. on bills and' cheques "without, my brother's knowledge; I told him sometime after—we received bills from various customers in payment, which money I lent to Painter, which he said he could: pay me back in a few days, because be could get the bills discounted with our name on; it was wrong on my part; my brother was away in the country and I could not ask him; I did not tell him directly he came back—if a man is away three weeks in a business like that, where thousands of pounds are turned over, there must be some allowance made for memory—I didn't know anything about the value of the fixtures—I did not tell Mr. Mason that I estimated the value of the fixtures and fittings and also the lease—I will tell you how they were estimated, Mr. Painter said "The
fixtures cost mo 500l. and I think it will not be too much if we take them down at 350l."—I said "Very well, I will take them down at 350l.;" I did not estimate them myself—I think there was an agreement or Painter's lease assigned to my father—there was not a farthing's worth of goods sent to my father; I know of none to the value of 900l. being sent to him; I am certain never since I have been there has a piece of silk gone from 1, Bull and Month Street to Worship Street—I don't know anything about Castle Street—I will undertake to say that there axe not 900l. worth of-goods in my father's warehouse or 90l. worth—my brother did not call a meeting of Painter's creditors before Painter filed his petition for liquidation, nor did I, but there were two or three creditors who came in and spoke to us—I know at the time and had left that day—my brother did request Painter to return this 1,000l. worth of goods which he got—I did not say to—recoup my father—I am still living at Worship Street; I have to other residence; I have no place in Bath directly or indirectly belonging to me I swear—I know Bath; I have been there a day, that is all—I. believe it was in February when I went to Manchester; I know what you are driving at, a thing done thousands of times; am not ashamed of it; if you ask me the question straight I will answer it; I was then seventeen years of age and perhaps I made a mistake; I provided for the person with whom I did make the mistake—I have no place down there now-no house to which I go at Bath—I took a house there once for some other person and with some other person's money; it does not belong to me it is not taken in my name.
Re-examined. It was some woman by whom I had a child—that is what I referred to, and when I was on friendly terms with Painter I told him of it in strict confidence—that is the only thing they can show up against me—these are my figures, and my name on these papers which have been handed to me—the way I got those figures was this, Painter said at first "We can put the name of each man. down by the-side of the figure, so that we know who we owe the money to;"—and then he said after a hit, "Oh, it is inking such a long while always writing the name, only put down: the figures"—I did it in that way by the direction of Painter—there; are some references of figures as if they referred to a book—those arc my figures—I wanted to check them—they are the ledger folios—there is a sum of 6,891l. 10s. made up in figures—I do not find any reference to the losses 2,200l. 5s. 6d.—Painter gave me that off another sheet he had—the 3,390l. 12s. 9d. amount of monies owing to the firm of Painter & Co., appears here (pointing)—I made no other paper than this—and that I wrote—Painter knew where I was, and corresponded with me up to the time of going to the Police Court—I did not go near Bull and Mouth Street after the 3rd March—I know nothing about the disturbance' on the taking away of the silk belonging to Gobbers & Co—I have been by 1, Bull and Mouth Street, since the 3rd March, but never inside—I went to Worship Street once between the 3rd March and the 31st May (when I went with my godfather), to see my mother; when everybody else was out—I think it was in the commencement of May—I did not remain long—with regard to the 600l. I lent Painter, he said he had payments-to make, and there were several large amounts coming due to him in a few days, and he could then give us the money—he never brought the money back—I was present at the first examination when Painter was before the Magistrate.
Minton, Boyes & Child—I was present when Mr. Berliner asked Painter as to the state of his affairs—he said he was solvent—that was on or about 25th January, Powell's failure was mentioned—we undertook at Painter's office to look into the claim that he would have against Powell's estate, as that would affect his affairs—we did not exactly find out its position, seeing that the books were not posted up, and we adjourned to some other day—I have seen the books with reference to that claim, but the amount was not posted up—I have not ascertained the amount, except through another channel.
Cross-examined. Powell's outstanding accommodation bills I believe amounted to nearly 3,000l.—I don't know it personally.
SILAS, WILLIAM BAGGS . I am an accountant, carrying on business in partnership with Clark & Josolyne, and am the person named as receiver under Painter's liquidation, in which capacity I took possession of his effects on the 3rd March—I have made an investigation of the state of his affairs. (Statement handed to Witness).' This was made after inspection of his books, and with his assistance it is correct so far as I know—the liabilities were 16,224l. 11s. 7d., and assets 2,283l. 8s. 3d.—the accommodation bills of Powell & Co. amount to 2,953l. 18s. 1d., exclusive of liability on customers' bills under discount—it shows from the 1st February to liquidation, purchases 2,251l. 8s. 1d., including 100l. from Berliner's, and sales, 2,448l. 6s. 4d., exclusive of any question of profit or loss on sales l,509l. 12s. 10d.—the total assets on 1st February corrected, would be 3,689l. 9s. 10d.
Cross-examined. (Document handed to Witness): I have not seen this statement by Adolphe Berliner—I have seen a translation of it; I have not seen any details—I didn't know there were any details in existence—I have not come in contact with Mr. Adolph Berliner at all.
CHARLES CANHAM . I was employed by Berliner, Bros., in February last—I have, seen that balance-sheet, in German—I was present when Mr. Jacob Berliner had a conversation with the prisoner upon the figures in it—Mr. Jacob, Berliner was writing his letters, and Mr. Painter came in, and Mr.' Berliner opened the drawer, of his desk and showed him this, and asked if it was right, and Mr. Painter said he wished he could read German—Mr. Berliner, translated it, and said "Is that right?" and Painter said "yes, it is right, I and your brother went through it together."
Cross-examined. I remember Mr. Berliner reading it to him—I know a little German, enough translate this.
HENRY BERLINER . I was not liable upon some bills at the tune of the silk being taken away from Bull and Mouth Street by Gobbers—I had to receive some money—there was money due to me from Gobbers, 411l.—I have some of the goods now—I did not know where my son Adolphe was between 1st March and his being brought back to me on the 31st.
Cross-examintd. He has lived with me since about a week ago—Jacob lives with us too—you may. say goods were taken from Bull and Mouth Street to Worship Street, but I decline to say, because it has got nothing to do with that—I know why it is asked—I have them in my possession—there is a Chancery suit going on, and a second attempt has been made to take the property away—I took the goods from Bull and Mouth Street to Worship Street, and they are there still in my possession, in a private warehouse, nobody has access to it—I had an assisgnment of
Painter's lease—he told me he was in good circumstances and I advanced him about 100l., and he assigned me the lease for. it.
Re-examined. I gave him 100l. and he gave, me the lease for it—I can prove it.
JACOB BERLINER (re-called) (Ledger produced.) This is the ledger account between Painter and myself; and this (producing another book) is a memo of the goods sent in in February—"Sent a memo "means" sent on certain conditions, to be entered upon certain conditions, sale or return.
Cross-examined. If you will allow me I will show you—here they are (pointing) "Goods on memo, 1,000l. 0s. 4d.—they are, not reckoned out in this book because I send an invoice (another book handed., to witness) this is another book—we sent in to Painter at the time a memorandum note; a memorandum as distinct from the invoice.
Re-examined. Goods sent "on memo" can be entered up when it is arranged, when the conditions are fulfilled—in this case it would be at the end of the month—it requires explanation—at the end of the month tills were becoming due, and Painter said at the time I arranged to send over those goods, that he should like to show the customers an assortment, aud I said "Yes, you can have these: goods which you can show to your customers to be sold any time after you pay the "bills and if he did not pay the bills the goods were to be returned.
NOT GUILTY .
MR. BESLEY conducted the Prosecution) MR. MONTAGU WILLIAMS appeared for Algernon; and MR. DOUGLAS STRAIGHT for Charles.
JOHN HUNTER WATTS . I am a partner with Alfred Cooper, at 5 and 7, Fenchurch-Street City, I have a mine in Devon for raising umber for colouring paper—I have recently added to that business that of a paper merchant, which latter business we have carried on for eight months or a year—I have known Algernon, about a year and two months—I knew them both at the same time—I had no-business relations with the firm of Bozzi, Dudley & Co., Fish, Street Hill—I did know of such a firm-Granville Brothers, was the name I first knew—the elder prisoner afterwards joined in the name of Bozzi Dudley—Charles Granville and Stephen Granville, were the names in the. firm of Granville Brothers—I am not quite sure whether the younger prisoner had a share in the buisnesss, or whether he acted as clerk—he told me he was seventeen—we had some business relations with Giranville Brothers, which were closed at the commencement of this year, January—they owed us money—when Granville Brothers ceased to exist we occasionally sent Algernon Granville to get orders for us—he was an ordinary clerk, and had been about three months in our service on the 29th April, he came to the office at 1 o'clock—10 o'clock would be the proper time—I asked what he meant by coming so late, and he said "I came very early, before you arrived, and went out to get orders, and I have taken a very good order, I have sold eighty-one reams of paper to Grimwade, on condition we let them have delivery to-day; I knew we had only got five reams of that quality in stock, so I have ordered the rest of Scott & Anderson, and will send it in to day—I said I was very glad he had got the order, and it was entered in due course by myself—he knew previously that when we required it, paper could be procured from Scott & Anderson, on our credit to supply our customers—we sent an invoice
to Grimwade—on the Thursday following, we had a communication from Grimwade—the invoice should be delivered as soon as we had the weights of the paper—we had not the weights on the same day, but the following Tuesday—we sent the invoice by post—Mr. Cooper posted the letter by particular request—that was the first statement sent in to Grimwade—on the Thursday night, 6th May, having received no reply to the invoice and letter we had sent, and the younger prisoner stopping away from business that day, our suspicions were aroused, and we went to Messrs. Grimwade, and resolved to go down to his lodgings, somewhere in Woolwich, to sec if we could find him, but Mr. Cooper found him by chance before that—I was outside Cannon Street Station, and Mr. Cooper went on to 26, Bridge Row, the address of Willis, Webb & Co, and came out in company with Algernon—he left Mr. Cooper then, and "came with me up Walbrook, and I said "I want to know what you have done with our paper," he expressed surprise at first, and I said "You shall not leave me until I know where it is" after some hesitation he said that he would tell me the whole of the facts in connection with it—he said "You know about the 7th March, I brought an order purporting to be 'from Willis, Webb & Co., for twenty two reanis-of paper which you supplied, and when the time approached, when the account was due, I brought you the money telling you it had been paid by Willis, Webb & Co., in reality Willis, Webb de Co., had never had any paper, nor did they pay me that money. When I obtained the paper I gave it to my brother Charles, who sold it When the account was coming due I day after day entreated him to hand me the money to pay to you, but instead of giving it to me he only told me to get some more paper which he would sell, and give enough to pay this as I was afraid that to would find out the first affair I consented"—I said to him "But you didn't want 75l. worth of paper to pay a 26l. account"—he said "But Charles said He Should have to sell it at such a sacrifice that we should want a lot to cover It, 1 so I got these eighty-one reams of paper and handed them to him. I told you I had sold it for three months credit, because within that time I could have paid you for it myself, and I hoped you would never be any the wiser for it"—I think that was the substance of the conversation—I asked where Charles Gran Ville Was, and he said be thought down at Putney—he told me the paper had been sold to Dinah Somers of Hounds ditch—Algernon had access to our forms—this (marked C) is on one of one of our invoice forms—we had no idea such an invoice had 'gone out it is in Algernon's writing—we never had such a transaction as that with Bozzi; Dudley & Co., and there is no entry of it in our books—this (marked D) is Algernon's handwriting—he had no authority whatever from us to hare transactions with his brother Charles, and we were in utter ignorance of any such transaction the exhibit "G" is the original invoice from Scott & Anderson for the seventy six reams of paper—we had the other five reams in the cellars of our office—we have paid Scott & Anderson for it; they sold it to us for a month, but as we lost at the money, they took a three months' bill for it—after the interview with Algernon he accompanied Mr. Cooper and myself to his brother's—we went to 56; Princes' Square, Kennington, where he had apartments, and waited till he came home—I said 1 had come to know what he had done with our paper—he immediately became very violent and wanted to know what I meant by coming there and asking an accusation, and then he threw off his coat and wanted to murder me, or something of that sort, he said—he is a rather bigger man than myself,
so I declined—I said "I have come about my paper"—he said "I don't know anything about your paper; I am a business man and know what I am about; every bit of paper I have, had from Algernon, I have got receipts for and I will show you them"—he produced some receipts—there were two or more—there is only receipt here-to the best of my knowledge that is one, (pointing) I said "You knew your, brother was our clerk and could not have all that lot of paper to sell he said "I did not know anything about it, he could have paper to sell for all I knew—I said "Do you mean to throw all the onus on your little brother and let us give him into custody?"—he said, that was no business of his Algernon had given his word before we went iu that he Would come out with me again. I said "Come along" and his brother said "Don't go, but he did come he came to our office every day, as usual until the morning of the examination at the Mansion House—then the detective officer came and took him-we applied for the warrant the next day after we went to kennington, but we could not get up sufficient evidence till the next Saturday when we obtained it—I did not enter into any particulars with the elder prisoner-here was such a transaction with Webb, Willis & Co. as that to which Algeron alluded when with me in Walbrook—there were twenty two reams of paper supplied by us to that firm in March—the 27l. for that was paid the same day were ceiyed what we supposed was Grimwade's order—it was paid in a 20l. note and the rest in gold-Algernon Granville told me he had met Mr. Webb in the street and he said "I am going into the country for a little while, and if you will come up to my office I will pay you that account and gave it to him—I have been several times then to Webb's place, and since the conversation in Walbrook—there is such a firm but I cannot find any one there my partner has been there perhaps a dozen times during the ordinary hours of business the value of the five reams Would be 7l. or 8l.—the average value is about 17s. 10d. per cwt the brown paper trade is regulated by weight—12s. per cwt. would be a very low price-any man. would buy paper at that price who dealt in it—17s. 10d. was the the price we charged to Grimwade—here it is 17s. 6d.
Cross-examined by MR. MONTAGU WILLIAMS. I understood a little about the paper trade—I treated Algernon as a friend for some months, and when his brother shut up their place and bolted, we, wanted to give him a chance, of getting on and took him in to our employment-we should not have given him so much been of use to us our object in taking him in was we were ignorant of the paper trade and that he would be useful to us-we do not care about the paper trade Mr. Cooper is here we are the sole partners in a the firm-we carry on business at 5&7, Fenchurch Street, and North Devon—it is one office in Fenchurch Street—it was in the evening that I met Algernon in Walbrook—I did not threaten to take him at once to Old jewry and have him looked up unless he confessed everything—I did mention the Old Jewry-do unfortunately know the Old Jewry—it is unfortunate to spend 35l. in legal expenses when one has lost 75l. already—I did not do that in the Old Jewry, but it leads to it—I told him he should not leave me that night untill be told me what had, become of my paper or I Would give him to a police constable—I suppose a policeman would lock him up—I don't remember his saying "What paper?" and my saying" Grinwade's paper"—I will not say that we did not—he asked me to. go up some court to be out of the public
thoroughfare—he told me he never received any money from his brother—I did say to him "Where are we likely to find your brother?"—Mr. Cooper, Algernon and myself went to Putney, Algernon having said he thought he was there—he did not pay half the expenses of the three going down to Putney—I believe Mr. Cooper got all the tickets—I did not tell him during the journey that I didn't intend looking him up, but I did intended looking his brother up—I may have mentioned something of the sort—I told him that if we did not get our paper we should lock his brother up or take a warrant out; we should take legal measures against his brother—I didn't say we would not take legal measures against him; we should not make him any promises—I did not say I would not lock him up—I told him it was his best interest to help ns in the matter; we should not make him any promises—Mr. Cooper never spoke—you know what intimation is as well as I do—I intimated so—I don't remember the exact words in which I said it—I don't remember anything else—Algernon waited with me at Prince's Square while-Mr. Cooper went out to get something to eat-when Charles Granville came in I said "I want to know what you have done with our paper"—he did not reply "What do you mean by stolen?" when the money is due I will pay you for the paper, and not till them"—I did not say "Do you mean to say you have stolen the paper and attempted to defraud me?"—he did not say" I will put you out of the room if you say that to me"—he threw off his coat and said, to the best of my recollection, "Blarn me, I'll murder you"—I said to Algernon "Iwish he had struck me, because that would aggravate the thing against him"—Ididnot say I would summons him for assault—I suppose he would understand that I should—Algernon and I then left and met Mr. Cooper—I had had nothing to cat, and we all three went to the Elephant arid Castle—Mr. Cooper had been out to have something to eat, but he went with us to the Elephant and Castle—Algernon sat at—another table—I took a hansom cab and as usual—I think I asked him if he would help us in this matter; I have no recollection of asking him to give evidence—I asked him if he was going to do all he could in the matter to recoup us; not exactly recoup, but quid pro quo; that is to say in obtaining a punishment for the thief—my private idea was that the prime mover in the affair was Charles Granville—I asked him to pay me a private debt which he owed me if he; could—I did not say I was. being put to a great deal of expense over the matter, and ask him to give me some money towards the expenses; I think he paid me 2l. back—I had lent him money previously—I may have told him I was being put to a great deal of expense—I" told him I had Obtained a warrant—I did not say anything about seeing the end of it—I said I was going with the detective' to point his brother out—I saw him arrested—I said to Algernon when he came to the office the next morning "The detective officer is coming here to take you, we could not large one without charging the other"—I may have told him if he could get bail it might be accepted—I believe I did; and if offered and accepted he could go out—I did not say anything to him about being in. custody for a few hours—I did not say when the officer came and read the warrant "It is all right, come along, you will be back in an hour, trust to me"—I went to see him at Newgate before his committal—ho hud occasionally come late to the office, and said he had been to his brother for this money they owed us.
Cross-examined by MR. STRAIGHT, He had been in our employ at the time we discovered this transaction about three months—we had carried on the paper trade for rather more than three months; about eight months altogether—before we took him into our employ, Mr. Cooper, and I did our own travelling—he was a clerk—we paid him commission and salary—the five reams that have been spoken of were in the cellars—it was not-necessary to lock up—it was Thursday, 6th May, that we first saw Charles—on our way to see him, I may have expressed to Algernon, a wish to get the money—I did not say, if we did not get our paper we should lock Charles up—I said I intimated I should take legal measures—the expression I used about recouping was an error—before I had seen Charles I went round to Old Jewry, and saw Sergeant Moss, and tried to get a warrant, but he would not give it me—I did not get it till Saturday, 8th—he was arrested on the Thursday evening, following—I made no demand upon his father for payment of this money—I wrote to his father giving him particulars—I said before the Magistrate; we were unwilling prosecutors, and Sir Robert Carden said it was a very natural sentiment the first hearing was on a Friday, I think.
Re-examined. We were unwilling prosecutors on account of the family: we have never attempted to compound the charge we have made against Charles Granville—his wife came to our office once—I have placed, myself in the hands of my solicitor, Mr. Chapman, since the matter was going on at the Mansion House-when the interview at Newgate took place, the chaplain and governor were present Algernon said "You see I have had to stop here, I could not get bail"—the purport of his-calling me was "to give him advice as to what he ought to do which I declined—I said I would not give advice, being a prosecutor—I have said I looked upon the elder prisoner as having incited the younger one to the offence the Cross-examination has not altered my sentiments towards Algernon, they have always beon friendly—the detective told me he could not do anything against one without the other—I went to the detective at Old Jewry, before I went to Kensington—at the time Algernon paid me 2l., he still owed me money for amounts I had advanced him from time to time—I asked him if he could let me have what he owed me; about 13l., I think—we had not been put to any expense then—Mr. Cooper got the ticket I think, on going to Putney, and Algernon his own, I fancy.
By MR. M. WILLIAMS. I said at Newgate "I am still your friend"—I did not say 'The time" has not yet Come when I can help you"
WILLIAM SCOTT . I carry on business with Frederick Anderson, at 27, Martin's Lane, Cannon Street, and have, been about eight years in the trade—I have the three samples of brown paper in Court, retained from the sevenfy-six reams sold to Watts & Cooper, on the 17th April—the value represented in the invoice produced is rather under the average, it is 17s. 6d.—there had been previous transactions between Watts & Cooper and Our firm, and Algernon had been to our place and given orders for paper—I cannot say When he first spoke to me with reference to this transaction—I provided him with samples before taking the order—the negotiation took place on the 29th—he may have had samples of the same paper a day or two previously.—the seventy-six reams were brought from the wharf at Nine Elms and were duly delivered—he said he particularly wanted it that day—I don't remember anything more—I had heard of Granville, Bros., they were not customers of ours; I should think the fair value would be another 6d., certainly.
Cross-examined by MR. STRAIGHT. The paper is sold by the hundredweight.
ALFRED JONES . I am in the employ of C. & S. Grimwade, Wholesalc stationers, of Queen Victoria Street—no reams of brown paper were ordered by our firm of the prosecutors on the 29th April—I did not know the prisoners until I saw them at the Mansion House—I am a traveller.
LOUIS SOMERS . I am manager to my sister Dinah Somers, who carries on business at 81, Houndsditch—we do not live there—I know Charles Bozzi Granville—I did not know him before coming to ray place in April, when he offered me some brown paper for sale—I don't think he said what quantity—he produced a sample—I have not got it—he brought me the sample on the 26th—I saw him one day, and with the sample the second day—you have the dates; I have not—the quantity in the sample was just a piece—I saw him the next day and went with him to Trigg's Wharf; I found the bulk up to the sample, and offered him 12s. a cwt. for as much as there was of it—he said it was too low a price—I saw him again about an hour afterwards, and he said they would deliver the paper at the price I had offered—I saw him the day afterwards on the occasion of 40l. being paid—this (produced) is the invoice, 29th April—the paper was brought at 5.30 in the evening, sixty-five reams—I saw the carman who brought it at the Mansion House—they were not delivered at my place, the stationers—I had three sample reams brought into my place, and the rest taken to Swan's, the packers, where I warehoused them—we had not room enough to take them in—I paid him 5l. the same evening, and the rest the next morning—he gave me a card—this (produced) is either the one or it was one similar to it—there were ten reams delivered on the 3rd May, and I paid Bozzi Granville the money, for which I have got the receipt—I could not recognise the carman—the ten reams were sold in the ordinary course of business—on the 5th we got five more reams, for which I paid as the receipt shows (produced)—we paid 43l. at 12s. per cwt.—I did not know anything of Bozzi, Dudley & Co., at that time.
Cross-examined by MR. STRAIGHT. I think it was 43l. I paid, not more like 50l.—I think it was something under four tons altogether, sixty-five or sixty-eight hundredweight—it was 48l. that I paid.
JOHN DIGBY . I am a greengrocer living in Cleaver Street, Kennington Road. close to Prince's Square—Charles Granville gave me directions to go to Nine Elms Station, and take ten reams of paper from there to Houndsditch, which I did—I forget the number—there was no one with me—the next day I also went by his direction, to 5 and 7, Fenchurch Street, and took five reams from there to Houndsditch—there was no one with me.
MICHAEL FINN . I am employed by Mr. Sorrell, of Mitre Street, Aldgate—on the 29th April, I saw the elder prisoner at the bottom of Fish Street Hill, he came to my employer and asked whether he would let him have the van to remove some paper from Trigg's Wharf—that was in the middle of the day—he gave my employer a card—that is the one (produced)—I went with the van—when I got to Trigg's wharf I found both the prisoners there—I waited there some time before I could receive the load—I loaded sixty reams of paper, I think it was, and I was told by the elder prisoner to take them to Somers, of Houndsditch—after delivering some there, I took the rest to Swan's—I have not been paid for my labour—I have been down to Bozzi, Dudley & Co., 46, Fish Street Hill, but found no one there—I went the next morning.
WILLIAM MITCHELL . I am a detective officer—I went to Princes Square, Kennington, with a warrant and took the prisoner Charles Granville; he was pointed out to me, and I told him the charge—he said "Allow me to seethe warrant"—I handed it to him—I then searched him, and found this card on him (produced).
ALFRED COOPER . I am in partnership with Mr. Watts—I remember day algernon did not come to this—I went to Buge Row, in the evening Wills, webb & Co—I found the door was not locked—I knocked and someone said "who is there"—"Alfred Copper"—the door was not opened, but after a time Algernon came—there was no one else there—I think it was 6 o'clock to 6.30—he went away with my partner, Mr. Watts, up Walbrook—I went there again several times afterwards in the ordinary hours of business, but found no one there.
Cross-examined by MR. M. WILLIAMS. I am in partnership with Mr. Watts—I found him and the prisoner Algernon, in Walbrook, after I had been to Budge Row—I did not hear him threatened, nor did I threaten to lock him up unless he confessed everything—we. all three proceeded to Putney—I think Mr. Watts paid for the tickets—I did not—the prisoner did not pay to my knowledge—I don't say Mr. Watts did not pay—I did not hear Mr. Watts say to him at any time that he would not lock him up—I heard him ask Algernon, where his brother was, and he said he thought he might be at Putney—we did not find him there—I went to get something to eat, and we afterwards all went to the Elephant and' Castle together—Mr. Watts left us after he had something to eat, as he wanted to get home—I did not remain with Algernon, or go anywhere with him—Mr. Watts went and left, us both behind—I spoke to Algernon, for a few minutes, and then walked to London Bridge—I-had no conversation with him afterwards about the matter—he came as usual each morning to the office, until he was given into custody—he was given into custody with my sanction—I always intended to give him into custody.
ALGERNON GRANVILLE— NOT GUILTY .
CHARLES BOZZIGRANVILLE GUILTY — Eighteen Months' Imprisonment. There was another indictment against the prisoners, upon which no evidence was offered against Algernon.
FOURTH COURT—Thursday, June 10th, 1875.
Before Mr. Recorder.
MR. H. GIFFARD conducted the Prosecution; and MR. W. SLEIGH the Defence.
MR. BRINDLEY conducted the Prosecution.
HASSAN (interpreted). I was a fireman on board the steamer Hutton—the prisoner was a seaman on board—soon after we got to Port Said, the prisoner asked me for some money and said he wanted to get some wine for him and me—the captain had given me some money, and I gave him two rupees—he left and was absent perhaps a little more than a hour—
when he came on board I asked him whether he had brought some wine—he sail "No"—we had some words and I went to sleep-while 1 was asleep I felt a blow in my side—I rose and found the prisoner with a knife in his hand—he held one of my hands and began to strike me with his doubled fist—we had a struggle and the firemen came with other sailors and held the prisoner—I rushed upstairs and found I was wounded in the side—as soon as I got on deck I fell down, a young engineer came to me first, then the doctor and some other sailors surrounded me—they gave me a glass of something and I lost my senses—blood was flowing from the wound—I held the wound with my hand.
Cross-examined by the Prisoner. I was not drunk, I had had one glass of wine that day, but not with you—I did not come down to your cell when you were in irons and say I was drank and did not know what occurred.
FREDERICK HODGES . I am captain of the steamer Hutton now at Milwall—on the 5th May we were at Port Said—I was informed of something that occurred and saw Hassan—he was in a state of faintness, what the doctors call collapse—I mustered every soul in the ship and passed them all before him, and when he came to the prisoner he pointed to him and said he was the man—we had a gentleman on board who spoke Arabic—he also pointed to Thomas Beattie, a fireman, and said that man struck him first, but the prisoner stabbed him—I put them both in irons—the next morning after I had investigated the case I let Beattie out—the prisoner was kept in irons—I should say he Lad been drinking—Hassan was all right—I only s. w him suffering from the wound—I don't think they drink much as a rule; it is against their creed to drink—I sent the officer down to the prisoner next morning with the log book, the law requires me to send the log book down with a copy of the entry—I made an entry in the log book in which I charged him with stabbing the man—he did not sign it, that is not requisite.
Cross-examined by the Prisoner. After we left Malta you were walking the bridge for an hour, I told you you had committed a serious crime and that there was no excuse for it.
THOMAS BEATTIE . I am a fireman on board the Hutton—I remember the 5th May—I did not strike Hassan—I separated them—I was put in irons that night and liberated the next morning—I saw Hassan—he had brought two bottles of grog on board, and ten minutes after I saw blood on his pants—he had his hands at his side and I saw blood—the prisoner went to the port side of the ship at the time that Hassan rushed on deck—there had been a quarrel between them that night—I separated them—Hassan did not go to his bunk at all, he was wounded in the forecastle—he was standing up with a bottle in his hand treating the prisoner—he asked him for some more grog and the prisoner said he had no more—then I saw the prisoner with a knife in his left hand and he had a pipe and some tobacco and his pipe fell on the deck, and afterwards this Arab was sitting in the forecastle and I said "You had better go your own side and mind your own business," and then he rushed on deck with his hand to his side.
THOMAS TODD . I was a seaman on board the Hutton—I saw the prisoner on the 5th May with a knife in his hand—he was stupidly drunk at the time, the knife was lying quite careless in his hand and he was sitting down—I did not see any dispute—I saw a straggle and Hassan caught the prisoner by the throat and called him the son of a whore—he can speak English as much as that—I got a knife from a man named Doyle—I did not drop a knife overboard, I said I might have done it—we don't think anything of it—we drop a knife overboard very often.
The Prisoner in his statement before the Magistrate and also in his defence stated that he was drunk and did not recollect anything about it.
GUILTY of unlawfully wounding— Four Months' Imprisonment.
SARAH GRIFFITHS . I am the wife of Thomas Griffiths, and live at 6. Great Peter Street, Westminster—about 11 p.m., on 23rd April I was in the Rifleman public-house, Horseferry Road—Mrs. Johnson, the prisoner's mother-in-law, was there—a dispute arose between us—the prisoner was present—he pushed his mother-in-law and said "Don't talk to her the b----thing"—I turned round and asked him who he called a b----thing, and he struck me with his hat across the face—I picked up a pint pot which stood on the counter and struck him somewhere on the head, I don't know where—his head bled, but not very much—he left the house with his mother-in-law and came back with a constable—he wished to charge me with the assault, but the landlord said he could not because he had struck me first with his hat—he left the public-house with his mother-in-law and the policeman about 11.5—I left about 7 or 8 minutes to 12 o'clock—when I got outside I saw the prisoner and his mother and father-in-law standing at the end of Bull's Head Court, and I felt afraid to go down—he walked towards me, took a poker from underneath his coat and struck me with it—I fell and was insensible for a few minutes—when I recovered I was assisted to the hospital and my wound was dressed—it bled very much.
Cross-examined. I am sure the policeman refused to take the charge against me—I did not hear the prisoner say that he would not give me in charge that night because I was easily to be found—he came to the public from the hospital and had 2d. worth of brandy—I broke a glass accidentally—the prisoner went out of the publichouse before me the second time—I did not follow him out with the glass in my hand—I did not threaten to gouge his eyes out with the glass—it was very much like a poker that he struck me with—I do not know what a steel yard is—it was fine at one end and thick at the other—I would rather say it was a poker than anything else—he was walking behind me and I turned my, head and it caught me on the side—I had been drinking but I was not the worse for liquor—I had had two glasses of stout with my father—I had not been in any other public-house—I did not follow the prisoner out of the public-house with my friends and use bad language and threaten him.
Re-examined. The glass was knocked off and broken when I hit the prisoner.
ELLEN CADMAN . I am the wife of Henry Cadman, and live at 5, Great Peter Street—I was in the Rifleman on the night in question—I am sister to the last witness, she accidentally broke a glass and I gave the pieces to the barman—I left the house after the prisoner had gone away with the policeman, and I met him coming from the hospital—he said as he passed" I mean to kill your sister to-night, and you too you b----cow"—I went back to the public-house to put my sister on her guard—I afterwards left with her and saw the prisoner standing with his father and mother-in-law at the corner of the court where his-mother-in-law lives—he walked up the
street, and when he got to my sister he took one stride past her, she turned her head and he struck her with a poker—I don't know where he took the poker from—he brought it up the street with him—I am certain it was a poker—I did not have any glass in my hand, and I am certain ray sister had not.
Cross-examined. He walked in front of her and struck her—he did not strike her from behind—my sister did not call him any bad names when the first dispute arose—on my oath I did not take out any glass with me—there were four of us together in the public-house, me and my husband and my sister, and her friend, and we had two quarts of 4d. ale—we might have had a drop of stout, but we did not pay for it—I am only stating what we paid for—I did not have any spirits—I can't exaotly say how much I drank; we had been there about three quarters of an hour—the prisoner had 2d. worth of brandy when he came back from the hospital—he went out before we did, and when we went out he was standing at the corner of Bull's Head Court—we did not threaten him with violence, or use bad language to him—lam certain he struck her with a poker, it was something either iron or steel—I don't know what a steel yard is.
MARY ANN CANE . I live at 6, Great Peter Street, Westminster—I was in the Rifleman with Mrs. Cadman and Mrs. Griffiths; a dispute took place between Mrs. Griffiths and the prisoner's mother-in-law—I saw the blow with the hat, and the blow with the pint pot, and afterwards the prisoner returned with the constable—I went out with Mrs. Cadman and met the prisoner, he said he would do for her sister, and her too, the b----cow—I returned to the public-house with Mrs. Cadman, and we left there with Mrs. Griffiths about 11.55—I saw the prisoner when I got outside—he struck her with a poker on the head—she fell, and I picked her up and assisted her to the hospital.
Cross-examined. What he struck her with he took from under his coat—it was something rather large—I can't say that it was this steel yard.
THOMAS LOVEJOY (Policeman B 216). On 23rd April at 11 o'clock, I was called to the Rifleman by the prisoner his head was bleeding, at first he said he would give the prosecutrix. in charge, and then he said he would not as she could be found at any time—I advised him to go to the hospital—about an' hour afterwards I saw the prosecutrix bleeding very much, and being supported by the two witnesses—she went to the hospital, and in consequence of complaints made to me, I went in search of the prisoner; 1 knew where he lived, but I could not find him that night—I apprehended him on the Sunday in bed, at his own house—I told him the charge, and he said "All right, I am coming"—I did not see any poker in the place—I did not look for it.
Cross-examined. I went that night to his own house in Blue Anchor Court, where I subsequently took him, and I went to a relation's where I was told he was—it was about 12.30 when 1 went to his house—there is always fighting going on at this place; the women are generally worse than the men—I found this steel yard on the prisoner.
WILLIAM RICHARD BAYSHAM . I am house-physician at Westminster hospital—the prosecutrix was brought there on 23rd April, at 12 o'clock at night—I found a wound 2 1/2 inches in length on the left side of the forepart of the head; an artery was cut, and it was bleeding rather freely—it was dangerous to such an extent that it depended upon whether erysipelas set in or not; she is not quite cured now, but is going on very well indeed—a
thin poker would produce such a wound—I don't think it possible the injuries could have been inflicted with the instrument produced—the wound would have been so different.
Cross-examined. I won't swear that it would not, but I don't think it would.
Witnesses for the Defence.
ELLEN JOHNSON . I am the wife of John Johnson, and live at 1, Bull's Head Court, Westminster—the prisoner married my daughter—I was in the Rifleman on this night, and about 11.30 I had some words with Sarah Griffiths—the prisoner came in and said to me" Don't have anything to say to her, let her mind her own business"—she turned round and called him a b----old cow's son, and he merely went like that with his cap, fanned her like, and it just happened to touch her face—she got up a pint pot and struck him on the head—the effect of that was a long cut—I took him to the hospital—when I came back he was coming to look after a policeman—both sisters had pieces of glass in their hands, and Said they would gouge his eye out, and to prevent himself from having' his head cut he took out his steel yard and struck her—I and my husband and the prisoner were there, and Mrs. Griffiths and her two sisters—she said she would cut his b----eye out with the glass, and they rushed at him.
Cross-examined. The blow the prisoner struck was not a severe blow—it was done with the hook end—the prosecutrix fell, but he did it to save himself, he might have had his eye cut out with the glass as well as bis head cut—I said before that she rushed at my son—she fell to the ground after she rushed at him—the glass was not found in her hand when she was taken up and led to the hospital, because she chucked it away—both sisters rushed up with glass in their hands—the prosecutrix fell down with the glass in her hand—I did not find any of it afterwards; I did not look—Mrs. Cadman had some in her hand as well—I did not ask her for it—she beat me as well—I have said that before.
By THE COURT. I came with my son from the hospital—I did not see him go into the public-house and have 2d. worth of brandy—I was standing outside and Mrs. Cadman came up and struck me three times in the face—my son had ran away from her husband at the time, who was taking off his coat—it was Westminster Hospital we went to—I came home after that and my son had to run away—he does not live with me—he lives in Blue Anchor Court—he did not return to the public-house after he left the hospital that I-am aware of—I asked the policeman to take her up when we came out-of the public-house first and he advised the prisoner to go to the hospital—it was about 11.45 when he struck the prosecutrix with the steel yard.
By MR. SLEIGH. When we came back from the hospital I went in doors and then I came out—the prisoner did not go indoors—I don't know where he went while I was indoors.
CHARLESCREIGHTON. I am a cutler at 11, Baker Street, Westminster—I was at the Rifleman on the night of the 23rd April—a quarrel commenced between Mrs. Johnson and Mrs. Griffiths—the prisoner said to Mrs. Johnson" Leave off and don't talk to them"—Mrs. Griffiths turned round to him and called him a b----bastard—the prisoner caught off his hat and hit her in the face with it, and she took up a pint pewter pot from the counter and struck him on the head with it—he bled very much and his mother-in-law took him to the hospital—while he was gone Mrs. Griffiths and Mrs. Cadman said they would cut his b----eye out if he
interfered with them again—he came back again and had 2d. worth of brandy and they abused him again and called him names—he went out again and a glass was broken—I did not see the barman take the glass away, neither did I see Mrs. Griffiths or Mrs. Cadman—I don't know what became of it—they both had shawls on—they went out: I remained in the public-house and did not see anything outside.
Cross-examined. The glass was smashed before they left.
JAMES STACK . I live at 1, Pear Street, Westminster—I was in the Rifleman on this night—a row commenced between the prisoner's mother-in-law and the prosecutrix—the prisoner was called some names which seemed to aggravate him very much and he took off his cap and struck the prosecutrix—she took up a pint pot and made one cut at his head which missed it, she rushed at him again and hit him with it—he went to the door and was taken to the hospital—when he came back he came in, and me and Creighton were there—he had 2d. of brandy—he said nothing, but went out—I heard a glass break, but what became of it I don't know—just on 12 o'clock I heard a cry outside—I went out and saw the prisoner walk sharp away—he had no weapon in his hand—I was in the public-house when he was gone to the hospital—Mrs. Griffiths seemed to be using foul language, but I did not take much notice, I was talking to the barman.
GUILTY of Unlawfully Wounding.
The constable stated he had known the prisoner seven or eight years as a very respectable man. To enter into his own recognisances in 25l. to appear and receive judgment when called upon .
418. JAMES WHITE BRISCOE (68) , Unlawfully obtaining from Herbert Clarke, 6 tons of coal, and from Richard Ellis Parsons, 3 tons of coal, and endeavouring to obtain from the same person 2 tons of coal, by means of false pretences, with intent to defraud.
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution; and MR. STRAIGHT the Defence.
THOMAS CLEMENTS USHER . I am manager to Mr. Herbert Clarke, coal merchant—on 20th June, 1874, the prisoner came to our office at the Great Northern Coal Station, King's Cross, and gave an order to the order clerk for five tons of-house coal and one of smill coal—he said he was foreman to Mr. Kingwell, a wheelwright and carriage builder, in St. Martin's Lane—he said the carman was to inquire for the foreman to Mr. Kingwell—I did not see the prisoner after that, till I saw him at Bow Street, in custody—the coals have not been paid for—we don't do business at all with coal agents.
Cross-examined. It is not my duty to take orders—the prisoner was in the dock when I saw him at Bow Street—I had been present during the investigation and heard the charges made against him—I had instituted no proceedings until that time—I did not know where he was—he said when he ordered the coals that his name was James White Briscoe, and that he was foreman to Mr. Kingwell.
JORDAN HAVILAND . I was order clerk in the employ of Herbert Clarke, at the Great Northern Coal Depot—in June, 1874, a person called who said that his name was Briscoe, and that he was foreman to Mr. Kingwell, whose address he gave, and that I was to send some coals there—I ordered the coals to be sent because I understood they were for Mr. Kingwell—I knew Mr. Kingwell's house, and I also referred to the Directory—we don't profess to sell coals on credit or to sell to an agent, but we might do so if we knew
the man—the man was a stranger to me—I can't swear that the prisoner is the man—I have got the order sheet upon which I made an entry at the time—these two invoices are from our establishment, one is for 2 tons and the other for 4 tons; they refer to the order—I wrote on the order "Briscoe 6 and 7, St. Martin's Lane"—I am quite sure he mentioned Mr. Kingwell's name.
Cross-examined. I can't remember the words used, it is twelve months ago, and my attention was not called to this until I heard the man was in custody—if we considered that a person who came and ordered coal was respectable, and we found him in the Directory, and knew nothing of him before, we should not say that the carman must not leave it without the money, because that offends the customer—there is a good deal of competition in the coal trade—the date of the first invoice is the 20th June, and the second the 23rd and 24th—he gave the order for the 6 tons, all at once, but they were sent in in two lots—he wished 2 tons to be delivered first—the 4 tons were to be delivered at the same place—this was treated as a cash transaction, it says on the invoice "cash on delivery"—if we find a person is respectable we don't ask for the money—no cash was sent for the first 2 tons—I find in the carman's book Kingwell's name scratched out and Briscoe's put in.
WILLIAM CLARKE . I am a carman to Herbert Clarke—one Saturday last June, I was ordered to take 2 tons of coal to Mr. Kingwell, St. Martin's Lane—I was to ask for Mr. Kingwell's foreman—I did so and saw the prisoner—I shot the coals and afterwards presented the bill, and asked for the money—the prisoner said he would pay for them when the 4 tons were sent—he signed the book—this is his signature.
Cross-examined. The prisoner said "Bring 4 tons on Monday to make up 6 tons," and when I got back I gave that order to Mr. Haviland. but only two were sent on the Monday, and two on the next day.
RICHABD ARNOLD . I was a carman employed at Mr. Herbert Clarke's in June, 1874—I took two tons of coal to Mr. Kingwell's, Upper St. Martin's Lane—that was the first time I had delivered coals for Mr. Herbert Clarke—after waitings five or ten minutes some one came and I shot the coals down the hole in front of his place—I saw my book signed—I only delivered two tons—I did not take any more after that.
Cross-examined. I had no instructions to ask for. cash when I delivered.
GEORGE PRIOR . I am a carman employed by Herbert Clerke—in June last year I went with two tons of coal to St. Martin's Lane—I waited there about twenty minutes—I turned the horse round again and was going home when I met the prisoner at the corner of White Lion Street—he called to me—I stopped and got down and showed him the book and he said "Those coals were sent for me, you have made a mistake and got the wrong name"—the name of Kingwell was in the book—I took the coals to a public-house at the corner of Compton Street by the prisoner's direction—he signed my book—I gave the book to the prisoner and when he gave it me back it was signed as it is now and "Kingwell" was scratched out.
Cross-examined. He said "The coals are for me and not for Mr. Kingwell."
FREDERICK KINGWELL . I live at 7, Upper St. Martin's Lane, and am a" carriage builder and wheel-wright—the prisoner has never been employed by me as foreman—I never gave him authority to get coals in my name from Herbert Clerk—I can't say whether in June last some coils were
delivered at my place—I met with an accident and was laid up twenty-two weeks.
Cross-examined. I have known the prisoner thirty-five or thirty-six years—I built him some carts when he was a cowkeeper in a large way of business—I have bought coals of him—he has dealt in coals for a great number of years and kept coal sheds—I should think I had dealt with him for coals as far back as fifteen years ago—he did not supply me regularly because we use between fifty and sixty tons a year—he came round to solicit orders almost weekly.
Re-examined. I knew him by the name of Briscoe—I did not see him at all last June—I use both small and house coals—I don't know who paid for the 4 tons that were taken to my place.
ANDREW EWERS . I keep the Coach and Horses in Little Compton Street—three tons of coals were delivered at my place by the carman Prior in June or July, the prisoner was with him, I knew him by the name of White Briscoe, he made out a bill in that" name—I paid 33s. a ton, 4l. 16s. and 1s. for the man—I have had 2 tons of coal from him since.
RICHARD ELLIS PARSONS . I live at 31, Leigh Street, Burton Crescent—I have known the prisoner since about Christmas last—soon after Christmas he called at my shop and said "I am a tradesman in the Strand, I want to-purchase 4 tons of coal, I have dealt with your predecessor"—I showed him several samples of coal, he chose that at 31s. a ton—he said he would have to take 2 tons in on the Friday and 2 tons the following Monday—he gave me his name and address, Mr. Briscoe, 277, Strand-after going through the books of my predecessor I gave directions to my carman—he returned without the money—I was unable to go out for a day or two, and I sent my son to 277, Strand, and a few days after the prisoner came to my shop again and said as there had been a noise about the other 2 tons he would not have any more coals, but he would come and pay me on the Wednesday—I did not see him again until 30th April this year in Drury Lane—I followed him, tapped him on the shoulder and said "How about the coals"—he said "Oh, you have not fulfilled your contract"—I said I should give him in charge for swindling me out of my coals—he laughed at me—I said "I shall certainly run you in," and I did—the price of the coals was 3l. 2s.—I was induced to send them, because he said he was, a tradesman in the Strand, and dealt with my predecessor.
Cross-examined. I looked through my predecessor's books and found there was no such customer—Webb, the carmau who went with the coals, was instructed not to leave them without the money.
Re-examined. I thought if he was a tradesman in the Strand he would pay me—I did not look in the Directory.
By THE COURT. Before I sent the coals I ascertained that his statement about dealing with my predecessor was untrue—I believed the rest of his statement—I thought I should be safe to get the money, as I gave directions that the coals should not be left without it.
ANN WEBSTER being proved to be too ill to travel, her deposition was read as follows:—"I live at 277, Strand. I am a widow. I keep a refreshment-house at that address The prisoner called on me several times after Christmas and requested orders for coals; he said he was a coal merchant—he produced some cards bearing the words "Coal merchant," but I can't recollect the name on them. I gave him an order for 2 tons at 28s. 2 tons were delivered, and I gave 2l. and 10s. in silver to my servant. The prisoner never
lodged at my house or carried on any business there. I have been there four years, and have the whole house.
Cross-examined. I agreed to pay 28s. per ton. I saw some paper purporting to be a receipt, but it was not."
GEORGE WEBB . About Christmas last I was carman to Mr. Parsons—I recollect taking 2 tons of coals towards the Strand—I met the prisoner near St. Clement's Church—he asked me if they were his coals—I said I did not know; I would let him know as soon as my book came back—when the boy came back I told the prisoner they must be his coals—I took them to 277, Strand and shot the coals down the hole—I told the prisoner the money was to be paid on delivery; he, said it should be paid after I had shot the coals—he wanted to go into a public-house, which I would not—I said "If you are not going to pay for the coals one of the young men in the shop shall sign my receipt"—I asked him again for the money—he said "I will pay you when the other 2 tons come; I have ordered 4 tons"—I got the book signed by some one in the shop; I got no money from him—I went again in the evening and stopped till a late hour—I saw him afterwards, but never to speak to him.
Cross-examined. The name of "Ann Webster "was up at the house.
ALBERT RICHARDS . I live at Lancaster Villas, Lower Norwood, and am manager at 22, Pall Mall, of the coal business of William Lee, trading as the Pall Mall Coal Co.—on 21st April the prisoner came and wanted some coal—I said "Have we supplied you before?"—he said "No, but you have supplied some of. my friends," "friend," he might have said—I said "Where do you live?"—he said "I am Mr. Henry White, manager to Mr. Kingwell, of 7, Upper St. Martin's Lane, and I want some coal to be sent there"—he mentioned that he was a wheelwright, and I said "Do you use our coal for wheelwrights' purposes; I thought you used small coal"—he said "But we must have the best also"—I then said "How much will you have?"—he said he would take 2 tons; I said "Will-you prepay the order or pay on delivery"—he said "I will pay on delivery"—I asked him what time they should be delivered, and he said at 8 o'clock on Friday morning—I said "You will understand the coal will not be left unless it is paid for at the time"—he said. "Yes, but let it be delivered at 8 o'clock on Friday morning"—the ticket was made out in due course and sent to our Camden Road depot for delivery—these are the tickets; one is a counterpart of the other—if the coal was paid for at the time the carman would receipt the whole of that and leave it with the party who purchased the coal, and in this instance that ought to have been done, because the carman was not to deliver unless he was paid on delivery—the counterpart was brought back by the carman signed—the 2 tons of coal came to 2l. 16s.—I went round to Mr. Kingwell's, I think the same afternoon, but I could not see him—I saw his brother, but he could not inform me if any coal had been delivered—I went the following morning and saw Mr. Kingwell and he gave me the address of Mr. White.
Cross-examined. The Pall Mall Coal Company is a private company; it belongs to Messrs. Lee & Jerdein, of Lancaster Place, Strand—the coals would be their property—I did not see the prisoner after 21st April till I saw him at Bow Street; to the best of my belief he is the man—I fully believe him to be—I only saw him once; if it were a matter of life and death I should give the prisoner the benefit of the doubt—I saw him in the dock at Bow Street directly I went in and I thought that he was the man; he made
use of the name Henry White—I am sure I never heard of the name of Briscoe.
GEORGE SMITH . I am a carman in the employ of the Pall Mall Coal Co.—on a Thursday morning about six weeks ago I took 2 tons of coals to 7, Upper St. Martin's Lane—I saw the prisoner at the shop—I asked him whether he paid on delivery, and he said he had ordered 4 tons—I shot the coals down the hole—he told me to bring 2 tons the next morning and he would pay me—I brought back the ticket to my master—the prisoner signed my book.
FREDERICK KINGWELL (re-called). The prisoner was not my manager in April and had no authority to buy on my account—he gave met his receipt and I paid the money—I gave the prisoner's address to a gentleman who called.
WILLIAM KINGSTON (Policeman E R 19). Mr. Parsons gave the prisoner into my charge—I took him to the station and searched him, and found two farthings and some papers—there was an envelope and some tickets, similar to these produced—the prisoner said if Mr. Parsons gave him time he would pay for the coal, but he said " You have not sent the other 2 tons, if you had I should have paid for them altogether.
NOT GUILTY .
Cross-examined. The Camden Town depot is some distance off—I know nothing about the loading of the coals or the filling up of the order—the order given to me was for 2 tons distinctly; I am quite sure of that—I did not know Mr. Kingwell at all—there is a notice on the bottom of the ticket "Cash on delivery"—all our customers do not pay on delivery; they all have tickets but not with the cipher on them, which means the coals must not be left without the money.
Cross-examined. I was at 7, St. Martin's Lane about half an hour—I shot the coals because the prisoner said he had ordered 4 tons and I thought when I brought the others he would pay for them all—I told them at the office at Camden Town and they wrote to Pall Mall—I did not see the prisoner sign any paper—I have been in the habit of taking out coals for the Pall Mall Coal Co.—I often leave coals without cash being paid for them—when there is a red O on the ticket we have to get the money or bring them back—I have not left coals before when there has been a red "O."
FREDERICK KINGWELL . I was not at 7, Upper St. Martin's Lane when these coals were delivered—I can't say what time I was there, but I understood some time in the day that there had been some delivered—I had ordered some coals of the prisoner on that occasion—I got this receipt for them—I don't know the prisoner's handwriting—my own opinion is, and my impression always has been, and I have heard many scores of times, that he can't write—I never saw him write in my life—the receipt was brought to me on 23rd April when I paid for the coals.
Cross-examined. I paid 29s—the coals went into my cellar and were used by me—a gentleman called from the Pall Mall Coal Co. afterwards and I gave him an order for 4 tons more, which I paid him for—at the time I bought the 2 tons of the prisoner I would have taken 8 or 10 tons—I may have ordered 4 tons of him.
GEORGE SMITH (re-called). By the Court The prisoner signed the order "Mr. White"—that was after I shot the coals—before I shot the coals he told me he ordered 4 tons and he would pay me when I brought the other two—if he had not said that I should have taken the coals back.
GUILTY — Four Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution.
WILLIAM JAMES THOMAS . I am in the service of Ann Thomas, who keeps an iron shop at 167, East Road, Hoxton—the prisoner came there on 25th January—I had known him as having been in the service of Mr. Gill, a builder at Hoxton, who has an account with us—he presented, this, order for a dozen sash pulleys, a dozen of sash fastenings, a gross of screws and two brass lever cupboard locks—it is sigued, T. H., Gill—I gave the "prisoner the goods believing that they, were for Mr. Gill for a public-house that he was building—the prisoner came again on 12th May and asked for a dozen of sash pulleys—he did not present any order—I did not say anything at first, but I went round the counter, locked the door and put the key in my pocket—I said "Where is the money for those goods you had in the name of Gill"—he asked me after some parley how long I would give him to pay—I Said "Not a minute," and I sent for a constable and gave him' in Charge—I had presented my bill to Mr; Gill on the 25th March.
Cross-examined by the Prisoner. You first came to my stop on 15th January arid you presented an order there which I have unfortunately lost-, I have received orders from Mr. Gill himself, both written and printed-you did not say you had a work for Mr. Gill at the Jolly Anglers and the Green Gate Tavern.
THOMAS HENRY GILL . I am a builder at Hoxton and deal at Mr. Thomas shop the prisoner was in my service from March till August, 1873—I did not write this order signed T. H. Gill—I did not authorize the signature—I never had the goods.
SAMUEL CROW (Policeman N 127). I took the prisoner into custody for obtaining goods, by means of forged orders from Mr. Thomas—he said "If you give me time I will pay you, how long will you give me, Mr. Thomas"—Mr. Thomas said "Not a minute, I shall give you in charge now."
Prisoner's Defence. I have not seen the bill that Mr. Thomas has brought against me. I am guilty of obtaining those things, but in my own name. I was not working for Mr. Gill at the time I mentioned no name to him to allow me to have those things on credit. He knew it was not for Mr. Gill, it was for myself. The things I have had I was willing to pay for; if he had gone home with me he should have had the money; be presented the bill to Mr. Gill instead of to me. All Mr. Gill's orders are printed, therefore he must have known that did not come from Mr. Gill.
GUILTY — Nine Months' Imprisonment.
There were two other indictments against the prisoner
OLD COURT.—Fridaiy, June 11th, 1875.
Before Mr. Common Serjeant
421. JOHN CHARLES DAWSON (27), Stealing on 13th February two dead fowls, on 20th March, one log of mutton, 2 lbs. butter, 4lbs. bacon, and twenty-four eggs, and other goods, and 15l. in money of William Mabey and others, his masters; also receiving the same.
MESSRS. STRAIGHT and Franklyn conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLIAM MAREY . I am a partner in the firm of Mabey & Son, contractors and caterers, for the City Liberal Club and carry on business at Gresham House the prisoner was in our service as steward there—we contract with the club for the supply of the provisions, and provide the steward—about the 8th or 9th of April last, I received a letter from the prisoner which 1 have mislaid or lost—I have looked for it everywhere and cannot find it—it enclosed a doctor's certificate of illness to excuse his absence—he had the entire management of the club; his salary was 120l. a year, payable monthly—the goods for the service of the club were obtained through a printed form signed by the prisoner, a counterfoil of which was kept, they 'would be delivered to the kitchen clerk at the club whose duty was to check them and enter them in a book—the prisoner had no authority to order goods on his own account—he came Into the service, about November last year—I think he was engaged a little before that, but his duties to the club commenced about November—on 20th December, he applied to me for cash, gold and silver, to put in each till, so that when a member paid his account there should be change, 20l. was given him for that purpose that sum was always to be there in some form or other—it was for change, and nothing else—on 17th April, Robins, the clerk, applied to me for 10l. more for change—in consequence of that my suspicions were aroused, and I made inquiry—the 20l. should have been intact; I gave information to the police and requested their assistance—in Consequence of information received from the detectives I wrote to the prisoner; 1 received no answer—at the Mansion House I saw my letter produced by the prisoner's attorney—this is the letter. (Read; "Sir—In consequence of your absence from the club we give you notice that we have made arrangements, and shall not require your services. Please call here on Monday next to Settle accounts between us"). He did not come and I Instructed the constables to apprehend him.
Cross-examined. The 20l. given for change was to be kept in the tills—I can't say whether the tills were finished when the 20l. was first given—I can't tell when they were finished—the prisoner had the sole and entire management of the club—all the domestic servants and porters were under him—if I—did not mention the word" till" to him when I gave him directions About the 20l.; I told him it was—for change, which is the same thing; he asked for the money for change—he used to bring' me a list of petty expenses when required, and I would give him a cheque for them—I paid him for that about once a month, until latterly, when he was required to send in account every week—before Robins asked me for the 10l. for change, he had asked me for 10l. for the prisoner's Salary, which was due about that time; I don't think that 5l. was left in the club at that time; I think he brought it back afterwards—I believe there was not 5l. left; I will not swear it—I had not given Robins 10l. for the prisoner's salary, because I knew the prisoner was there, though supposed to be ill—in the letter I wrote to him I spoke about settling accounts; at that time the 10l. was due to him; I receive a subsidy from the club, a certain sum, for which I cater and do everything—I have to supply the club with provisions.
Re-examined. He had no authority to take any of the 20l. out of the
house—I always paid him his salary by cheque—the salary that was due to him, was a month's salary to 29th April, I believe he had been absent from the club from the 9th to the 29th, about that time—I declined to pay his salary, knowing that he was out, and had been to the club during that time—I had not seen him—it was in consequence of information from the detectives that I declined to pay it.
WILLIAM GEORGE STEVENS . I was house-porter at the City Liberal Club—I was in the employ of Messrs. Mabey there in February, this year—I left about a month ago—I remember the prisoner being absent from the club for some time—I don't recollect the date;. I think it was in April—I took this order for two fowls to Mr. Smithers, the fishmonger—the prisoner gave it to me (Read: "C. L. C, 13, 2, 75. Please give bearer two nice fowls and charge to my account, and oblige yours, Joseph C, Dawson, steward" He told me to take the fowls to his house, 278, Vauxhall Bridge Road—I did so some time in April I took some soup, a fowl, and some salmoh and lobster to the prisoner's house the chef gave them me—the Soup was in a bottle—I don't know the exact number of times that I have gone with parcels from the club to the prisoner's house; I should think about twenty times—I don't know what was in the parcels except on the occasion I have mentioned—I received them from the chef in the kitchen, sometimes from Louisa Smith and. sometimes from Mr. Dawson's rooms—I have not seen meat cut off and handed to the prisoner—I I saw the prisoner at his house when I took the fowls and lobster—I took them into his room—I don't remember to whom I handed the two fowls.
Cross-examined. He was ill in his room when I took the soup and lobster—I believe he had a carbuncle it was done perfectly openly—he never told me to keep it secret the servants knew it-sometimes I have got parcels from-Louisa Smith the prisoner came to the club one day in April, and was obliged to go away again, as he was ill.
RICHARD BLAKE . I am employed at the City Liberal Club as page—I was engaged by the prisoner on 24th October on 20th March the day of the boat race, the prisoner told me if I went up into his room I should find two notes there which I was to take to the parties addresses, and when I got the things they gave me, I was to take them to 278, Vauxhall Bridge Road—it was about 11.30 when he told me that, but I did not go till about 4.30—at 3.30 I was going up to us room when I met the chef, and he told me where I should find, the notes—I went in to the steward's room and found them; these are the notes marked C and D, one is addressed to Mr. Moss, the butcher, and the other to Boot & Davis the cheesemongers—I went first to. Moss and got a leg of mutton, and then to Boot & Davis' and got some eggs bacon and cheese—I then went to the prisoner's house and delivered them to Mrs. Dawson—I had, been there before, 'about a fortnight before as near as I can guess—Mr. Dawson told me to go on that occasion—I took a parcel that he had left in the hall to be. forwarded.
LOUISA SMITH . I am the wife of Charles Smith, of 121, Villiers Street, Camberwell—I was in the employ of the City Liberal Club as kitchen maid from the opening of the club-Paul Jennett was the chef—I have seen the chef cut meat off the joints and give it to the prisoner at night to take away from the club; not off the cooked joints, off the raw joints when they have come in of a morning from the butcher's—I have 'Seen him do them up in paper parcels and give them to Mr. Dawson and he has taken them out with him—I have never cut off meat and given it to him—I have
never given parcels to Stevens or Blake to take to the prisoner—I have never received anything from the chef to give to Stevens to take to the prisoner—I have seen the chef give parcels to Stevens to take to him—I was not discharged by the prisoner—I was by the chef on 27th April, for being impudent to the housekeeper.
Cross-examined. I never sent any parcels to the prisoner by Stevens—I was discharged by the prisoner's authority—I used to take small pieces home for supper, as the rest of the servants did—I and the chef took care of the larder together—I am not in a club now; I have been in one since.
WILLIAM POTTS (City Detective). On 17th April a communication was made to me and Lawley by Mr. Mabey, in consequence of which I kept observation on the premises of the City Liberal Club—between 9 and 10 o'clock on Monday evening, the 19th, I saw the prisoner come out with the chef and another party who I did not know; they went to an oyster shop facing there—on 26th April I received instructions to apprehend the prisoner, which I did at the working men's club in Buckingham Palace Road; he was brought out of there by Lawley—I then had in my possession the two orders marked C and D—I told the prisoner we were detective officers and we took him into custody for stealing the goods mentioned in these orders, which I showed him—he made no reply—on the road to the station in a cab he asked to look at the orders—I showed them to him again—he said "They are not in my handwriting;" he said the signature was his but not the filling up—I took him to the station and he was charged.
FREDERICK LAWLEY (City Detective). I watched the prisoner's house on Saturday, 24th April—I saw him out of doors and walking about on that day—I also saw him at the club on 19th and 23rd April—when he was in custody in the cab he said to me "I suppose you followed me down to the races, the Spring Meeting?"—I said "No, I did not, but I heard you were there"—Oh, yes," he said, "I was there"—when I fetched him out of the club he said he knew nothing about it—I afterwards went to his house, 278, Vauxhall Bridge Road—before I went I said to him "I am going to search your place; shall I find anything there belonging to your masters"—he said Yes; you will find a basin "(which I did)" in which the chef sent me some soup"—it has the name of Mabey on it.
Cross-examined. That is the basin he is charged with stealing.
SAMUEL TOYNBEE . I am clerk to Mr. Smithers, of Cannon Street-Messrs. Mabey deal with him—this order was received by our firm on 13th February, and the goods were supplied on it—they have since been paid for by Messrs. Mabey—the prisoner has not had any account with us—I knew him as steward of the club.
Cross-examined. The order says "Charge to my account"—I did not take the order in; I can't say who received it—the prisoner would call in the morning and give orders verbally—hundreds of goods were sent in to the club without written orders—we used frequently to have things returned next day if not wanted—I have no books here—I should not enter the order in a book in the ordinary way, that would be done by whoever was at the desk, from the man calling the order out—I happened to have the book at that time—the order was most likely called out from a man in the shop.
Re-examined. This book (produced) docs not contain the original entry; this is copied from the ledger and is made up every week.
dealers, 77, Gracechurch Street—the City Liberal Club deal with us—you 20th March I received this order marked B, and supplied the goods men-tioced in it, 2 lbs. of butter, two dozen eggs, and 4 lbs. of cheese—it was charged to the club account and paid for—I knew the prisoner as steward of the club—he had a little account of his own with us—his orders were not in writing, he came himself and ordered them.
Cross-examined. If he came and said that he wanted a few things for himself, we put them down at about cost price—I am generally in the shop; not always—I am the principal, one. there.
WILLIAM MOSS . I am a butcher of 12, Wormwood Street the City Liberal Club deal with me—on 20th March I received this order—I supplied a leg of mutton upon it—I charged it to the club, and was paid for it by the club—the prisoner owes for one leg of mutton since this, which he sent for, but we did not have any order for that he said he would call and pay for it within a week—that was about a fortnight or three weeks after this, it has not been paid for.
Cross-examined. My wife attends to the shop and takes orders in my absence—I don't know of the prisoner ordering anything, personally, but this leg of mutton.
William Mabey (re examined), These orders are signed by the prisoner—I was not aware that goods were being ordered at Boot & Davis,. or Smithers' without written orders the "prisoner had no authority whatever to order these goods for the purpose of taking to his own house-neither the prisoner nor the chef had any authority to take provisions away from the kitchen.
WILLIAM LIDDELL . I am an accountant of 15, Union Court, Old Broad Street—I have been engaged in going through the accounts of the City Liberal Club—among other books submitted to me I have had the kitchen clerk's book—I do not find any entry of a leg of mutton coming in to tie kitchen on 20th March, in reference to this order—the same remark applies to the other two orders of Smithers, and Boo & Davis.
The following Witnesses were called for the Defence.
ALBERT EDE BOWING . I Was kitchen clerk at the City Liberal Club—I reside at 4, Swallow Street, Piccadilly—it was my duty to enter in a book all orders sent out to tradesmen before they went but-my duty was to copy from the chef's requisition book, and the steward signed them as a rule—I recollect having a conversation with the prisoner about a leg of mutton—I don't recollect the particulars, or the date; it was about the middle of March the prisoner said if. the things did not come into the house I was to scratch off—this (referring to a book) is not ticked, so I suppose I took them off—I did not speak to Mr. Mabey about it—I don't think I ever spoke to Mr. Mabey in my life—I have spoken to Mr. Liddell, the prisoner told me nothing about Boot & Davis—I should know by the books that the things had not come into the house—I mentioned the fact to him and he told me to scratch them off—I had all the books in. my hand' at The time—he gave me those directions before this prosecution took place, at the dates or within a few days of the respectives dates—the prisoner would go out in the morning marketing; if he was catering for the establishment he would, of course, but I don't know what his terms with Messrs. Mabey were—it is a common thing to send out for things if they are wanted suddenly by members of the club.
Cross-examined. I was to scratch the things out of the weekly or
monthly book, whichever was sent in, the tradesman's book—I saw Mr. Liddall—this (produced) is a document that I signed—I knew what was in it when I signed it—it is correct that I usually wrote out the orders for provisions for the steward—I said that 11 1/4 lbs. of beef charged to Messrs. Mabey on 7th February, amounting to 9s. 6d. did not pass through my hands in the usual manner—I did not swear that it did not come into the club—I believe I called the prisoner's attention to that, and I believe I took it out—if it is stated there that he told me he had sent for it and that I was to pass the account, it is correct—there is a leg of mutton on 4th March, weighing 9 3/4 lbs., charged for by Mr. Moss, which had not come to me in the usual manner—I called the prisoner's attention to that—if it is stated there that he told me to pass the account, it is correct—I cannot trust my memory, six weeks ago—the leg of mutton ordered on 20th March did not come to the club to my knowledge—I believe I called the prisoner's attention to that—this is the counterfoil—I had nothing to do with this book—the delivery note would direct my attention to the fact—I could not swear which article it was, but I know that on two or three occasions I was told that if the things did not come into the house, I was to take them off—any item he told me to pass I should pass—what is stated there is correct—it is correct that the leg of mutton on 20th March was never delivered at the club—if I struck anything off it would be in the tradesman's book—here is 8s. 7d. struck off on 20th March; that was done in consequence of what the prisoner said—it may be put on again, I have not looked—as to the order to Boot & Davis, the same applies—those things did not come into the club to my knowledge.
Re-examined. This item of the leg of mutton was struck off by the prisoner's request, and he has done so on other occasions, and I made the deduction at the bottom.
PAUL JENNETT . I was professed cook at the City Liberal Club—I live at 4, Smith's Terrace, Airthorpe Road, Wandsworth Common—it is not true that I was in the habit of cutting off large pieces of meat and giving them to the prisoner to take home—I don't know whether the contractors have charged me with it—I was taken into custody one night, and well I remember it, I was discharged—they took me to the station and detained me for five hours, they searched, me and found a cucumber—I did not steal it, it was given to me—I remember writing these orders C and D—they are signed by the prisoner, he told me to put down in writing what he was going to send the boy for—he did not tell me to write them on the club paper—I put them in an envelope—I heard the prisoner and the kitchen clerk speak something about crossing off a leg of mutton, but I don't know what was said about it—I sent the prisoner some soup in a bottle, and the half of a tail of a lobster—I knew he was ill at the time and did not think I was doing any harm in sending him those trifles; I received a note from him saying he was very ill, and I sent him the things.
Cross-examined. I received a note from him asking me to send him a drop of soup and a bit of something tasty—I sent him part of a fowl, not a whole one, some salmon and some lobster, no cold meat—I pledge my oath that I never cut off raw meat and sent it to him; I never cut any meat at all—I was under his orders, I never took orders from anybody else.
Re-examined. A man named Batchelor cuts the meat, he is here.
SAMUEL LLOYD , M.R.C.S. I have known the prisoner about two years—I attended him in March or April for a carbuncle, he was very ill indeed—I advised him not to attend to his duties at the club—during the time I have known him he has always borne the character of a thoroughly respectable man.
Cross-examined. I did not advise him to go to the Spring Meeting for the benefit of his health; I told him to go out of town—I did not know that he was about and going to the club, and at his own club every day—I have entries in my ledger of attending him on the 12th and 14th April—I visited him before that; those were the latest visits.
WILLIAM MOSS (re-called). This (produced) is my account book; I was paid the amount in full at the end of March—I have never deducted a leg of mutton; the kitchen clerk came round and said there was a leg of mutton down which he had not had—I produced the printed order, which was the order the page brought when he took the leg of mutton away; that was on a Saturday—I don't know what date; I did not deduct the payment, because I had the printed order.
The Prisoner received a good character.
NOT GUILTY .
MR. PLATT conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.
PHILIP WARD (Policeman K 183). On 25th April, about 1.30 in the morning, I was in Nelson Street—I had a man named Thomas Hayes, in custody; the prisoner came up from behind, took hold of the "collar of my coat and pulled me with such force as to make me release my hold of Hayes I turned and saw the—prisoner standing in the gutter, an the next moment he struck me a violent blow on the right side of the neck, which caused me to fall on the flat of my back on the pavement; when I got up he was gone and Hayes was in the custody of two other constables—as I was proceeding with them to the station I felt a smarting in my neck, but I did not take much notice of it, as I had been wrestling for full twenty "minutes and was in a state of excitement—when we got to the station I found I had been stabbed in the neck through my two coats, waistcoat, and two shirts—I was bleeding; I believe a gland was severed.
Cross-examined. The wrestling I speak of was with Hayes—a woman knocked my helmet off—no one but the prisoner struck me in the neck where the wound was.
Cross-examined. I have known the prisoner for years.
RICHARD WILEY (Police Inspector K). I went to 3, Charles Street, Bromley, between 2 and 3 o'clock on this morning—I saw the prisoner there and told him I should take him into custody for stabbing a constable in the neck; he said nothing then.
JOHN HEARD . I am a surgeon at Bow—I attended Ward early in the morning of the 25th—I found an incised wound on his neck, about 2 inches, above the collar bone; it was a dangerous wound—I should think it was inflicted with a pocket knife; it cut one of the transverse arteries—
he lost a quantity of blood; I attended him three weeks—he is perfectly well now.
The Prisoner's Statement before the Magistrate: "I have a witness to prove that I was not there. I know nothing of it."
NOT GUILTY .
RICHARD WILEY (Police Inspector K). On the 25th April, about 3 o'clock in the morning, I went to 3, Charles Street, Bromley—I found the prisoner there, he was asleep or professing to be asleep—he had his trowsers and boots on and was standing leaning over the bed—I roused him up and told him I should take him into custody for stabbing one of my constables—he made no reply, a sergeant was with me—I took hold of him by the wrist and the sergeant the other arm and we were bringing him down a very narrow steep staircase, where he began to struggle and I had to release my hold—he made a kick at mo and caught me in my left thumb, which dislocated it—he kicked me in the shin and took the skin off my right shin in two places—when we got him in the street he made a grasp at my testicles, but instead of catching hold of me there he caught hold of my skirt and trowsers—I was obliged to press him back on the ground, I went down with him and remained with my knee on him till a constable released his hold—I saw him make one or two kicks at Sergeant Buck—we got him to the station at last with assistance, he was obliged to be carried part of the way—he had the appearance of a man who had been drinking some few hours before—I was in plain clothes, the constables were in uniform.
WILLIAM BUCK (Policeman K 54). I went with the last witness to take prisoner—as we were going downstairs he was very violent, he kicked me on the right side just below my belt and he made a second kick at me, I had my truncheon drawn, I struck him with it across the knee and that stopped it, otherwise it would have caught my privates, I should have been injured for life if I had not struck him—I had my truncheon out to knock at the door as we could get no answer at first.
Cross-examined. I have said before that he kicked me in the side and also that he kicked at my privates; I swear that.
JOHN LADKIN (Policeman K 181). I was with the other constables—on going downstairs the prisoner kicked me twice on the leg and he also kicked at the inspector and Sergeant Buck—when we got outside he threw himself on his back and kicked violently, indiscriminately at any one near him—we had great difficulty in getting him to the station.
GUILTY — Six Months' Imprisonment.
NEW COURT.—Friday, June 11th, 1875.
Before Mr. Recorder.
424. HENRY SCHWENTERLEY (49), PLEADED GUILTY to unlawfully publishing a false and defamatory libel of, and concerning William Schnell.— Two Months' Imprisonment, and to enter into recognisance, to be of good behaviour for twelve months.
Before Mr. Common Serjeant.
REA— PLEADED GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
ARTHUR THOMAS REA (the prisoner). On 14th May last, I was in the service of Mr. Miller, and on that day was employed by him to drive a cart, containing a quantity of ice, to the Victoria Docks, on the way we go through the North Woolwich Road—I know the shop of Cassinello's father; I don't know the number—I only know the prisoner by his being in the shop—I had not seen him or sold ice to him before that day—he had once or twice before spoken to me about selling him ice—it was in the winter time—he said "When it gets a little warmer, I can do with a little ice"—I said "Not me"—I did not tell him who I was—he spoke to me because he could see what was in my load—I had not said anything to him as to whose service I was in—Mr. Miller's name was on the cart, large white letters, with red round them—on 14th May, I was going by the shop when somebody called me—I was very intoxicated and could not swear who it was—I was asked whether I had got a bit of ice, and I said "Yes," and then took two pieces in, and Cassinello carried two pieces in—nothing was said to me as to how much was to be paid for it—I came out and Mr. Clark, the ice merchant, was there with a policeman; I didn't know what I was doing at the time—Mr. Clark said something to me about selling ice—the prisoner was at the door and went and fetched back the ice and put it in the van—I ran away; about a week afterwards I surrendered myself to Mr. Miller.
Cross-examined. I did not know I was going to be called as a witness—it was about the beginning of the year that the prisoner first spoke to me about the ice—I had been into the shop to get something to eat—I had not got any ice with me in the cart that day—I don't know whether Mr. Clark, is a penny ice shop keeper—I did not sell things to him—I don't know his shop—I didn't not hear Mr. Clark talking to the policeman—I had not a man in the van with me—I heard Mr. Clark give his evidence at the Police Court—I did not him say" Two men were in charge of the van at the time"—I was alone in the van, that I swear—I had no money paid for the ice—I did not tell Cassinello, that I would give him a good 2s. worth—no bargain was struck at all; before we had agreed upon the price the policeman came—this was in the evening, and I had been out since the morning and met two or three mates I knew, and had been drinking with them—I did not make a statement to the officer who took him into custody—I said this "The man has asked me for it once or twice, when I have been in the shop"—I said similar to that; I have not been down there more than three or four times—I cannot say whether I said he asked me for it every time or not—I didn't say he worried me for it—I said he asked me several times—I saw Mr. Clark just before I got to Cassinello—I did not ask him to buy some ice—I said it was a curious time of night to send anybody to Victoria Docks—it was going on for 7 o'clock—I am sure I did not ask him if he could do with a block of ice—if he says he saw me breaking up a block of ice, and that I asked him if he could do with a block, and he said no, it is not true.
JOHN MILLER . I am a contracting carman—on the 14th May I sent Rea with an empty van to the London Docks, and told him it would be loaded there with ice, and he was to take it where Mr. Stevenson told him—
Mr. Stevenson is an ice merchant—I had not seen anything of Rea from that time until the 20th May, when I received a telegram from the police station to say a man had surrendered—I load eight or nine, or ten of these vans a day with ice, and am responsible—I have been a great sufferer.
WILLIAM GEORGE BARHAM . I am a clerk in the employ of Mr. Stevenson, and on the 15th May superintended the loading of a van—the blocks of ice were perfect, not broken—they would not break in transit unless broken—I did not see any ice pointed out to me as having been delivered at Cassinello's shop.
JOHN MAY (Policeman A 91). I saw a man standing in front of 73, North Woolwich Road, and leave the van with a lump of ice on his head—I was not close enough just at the moment to see who it was—he took it into No. 73, kept by Cassinello—I then ran up to the door and saw the prisoner taking the lump of ice into the back premises—on his return to the shop I asked him if he was aware what he was doing, he said "Yes, the carman asked me if I wanted to buy any ice"—I first said "No," and afterwards said "Yes, bring me in 2s. worth"—I then said "Have you paid for it?"—he said "No, I have not, if I have done wrong I will return it"—I said "That is the best thing you can do"—afterwards he went in the rear and fetched four pieces back and put them into the van—it took four men to lift one piece into the van—Mr. Clark spoke to me and pointed out the van.
Cross-examined. I believe Clark is an ice merchant; not in that neighbourhood—I am a constable in that neigbourhood—Clark is in Poplar—I could not say whether he stood at the door while I was speaking to Cassinello—I don't know how many people Rea had got with him in the van—he was pointed out to me as the carman by Clark—he was watching him—I cannot tell whether Clark knew all about it—he did not tell me at the time that the carman had stopped him—he said "There is a van there, and there is something wrong."—he did not say what until I saw it myself—he told me it was ice belonging to Mr. Stevenson, and the carman had no right to dispose of it—he did not say that since the foreigners had been on the march they had nearly ruined him—he did not say he had not been able to do so much business since they had been there—I did not hear him say "There has been no rivalry between me and Cassinello's father, but I have lost some customer's lately, the prisoner's father selling cheaper than I do."
Cross-examined. I told the police-constable that there was something wrong at Cassinello's—I saw the van with the ice stop there—Mr. Cassinello sells ice—I know what a rival tradesman is—he is what I call a rival tradesman—I had not lost any customers since he has been near me to my knowledge—I have given my evidence before—I told the Magistrate that he was serving ice cheaper than I could buy it in the trade—I did say the block that was taken into the premises was worth 7s. 6d.—I took the police-constable to Cassinello's door—I stood at the door talking with him—I did not say "Since those foreigners have been on the march they have nearly ruined me"—I am worth more now than ever I was—I could not have said so—I did not say "But I have got one in for it now"—I am in the habit of going in the evening to the public-houses in the neighbourhood—I have not stated so in those houses—I saw two men in charge of the van—Rea spoke to me in the Barking Road, opposite the Barking
Station, before I got to Cassinello's—I was in a cart—he asked me if I could do with a block of ice—I took what he meant, and shook my head and said "No," and asked him where he was going to and he said "Victoria Docks"—I suspected him when he asked me that—the ice was carried into the back yard at Cassinello's before I spoke to the policeman—the officer I asked me to go for another policeman and I did so immediately, but the carman started—young Cassinello was taken into custody, and the carman got away—I never saw young Cassinello before that day—his father managed the business originally, and I used to serve him.
CASSINELLO received a good character— NOT GUILTY . REA— Twelve Months' Imprisonment.
Before Mr. Recorder,
MR. SLEIGH conducted the Prosecution.
WILLIAM WILDER . I live at 126, Crisp Street, Poplar, and am a cook on board ship—on Whit-Monday, 17th May, about 7.30, I was in the Broadway, Stratford, trying to get my wife and child into a tram-car—there was a great crush—I saw Mullins near me—I could not get into the tram, and when I got off the platform I missed my watch—I can't say that Mulins took it, but from something that was told me I followed him—I was attempting to take him when some one knocked me down—Mulins was taken by a constable, and I went to the station and charged him—the watch was not found.
SOLOMON PLAISTOW . I am a varnish maker at Stratford—on Whit-Monday I was seeing a friend off by the tramway at the Broadway—I saw Mulins on the footboard of the tram pressing against Mr. Wilder—I saw him take Mr. Wilder's watch out of the pocket and give it a twist—I saw no more of it—he got off the car, walked across the road, and joined Silver—they talked together—I am quite certain of that because I followed them until I met a policeman—Mr. Wilder was going to lay hold of Mullins and Silver knocked him down and escaped—Mullins was captured in the Broadway and taken to the station—they were placed in a room with a number of others and I picked them both out—Mr. Wilder was a stranger to me—I had been there about half an hour and had been watching Mullins.
Cross-examined by Mullins. You were close to the prosecutor—he had got his back up against the tram door—the tram was full—I did not catch hold of you because I wanted to see who else you were in company with—I told the prosecutor you had his watch almost directly after.
Cross-examined by Silver. I did not see you with Mulins at first—you were about 10 yards off—I did not see him give you anything.
WILLIAM SHARPLING (Policeman K 99). I received information from Plaistow and want after Mullins, who was with Silver and another man not in custody—I laid hold of Mullins, and Silver then began kicking me in the back—he then came in front of me and hit me on the jaw and on the breast—he tried to get Mullins away, and said "You are not going to take him for nothing"—another constable took him.
Cross-examined by Silver. I did not strike you at all—I don't know how your lip got cut and your nose over blood—you were brought in some little time after I got to the station with Mullins.
Whit-Monday I was in the Broadway at Stratford at 7.30 p.m. and saw 99 K running after Mullins—he caught him and took him back to the car—I saw Silver kick the constable behind as soon as they got between the car and the Swan—when they got a little further more companions came round and when they got towards Ham Lane Silver struck him in the face and then in the chest—I kept my eye on him till 507 K came up, and I told him, and Silver was taken.
Cross-examined by Silver. I did not see the constable strike you—he put up his hand and shoved you away—after the chase when you were brought to the station your face was all over blood.
Mullins put in a written defence asserting his innocence and stating that the witnesses must have mistaken him for somebody else. Silver in his defence stated that the 'policeman struck him first because he said he was not going to take the man for nothing and he struck him hack and that he knew nothing of the robbery.
MULINS— GUILTY .
He further PLEADED GUILTY to having been before convicted in April, 1874, at Worship Street**— Seven Years' Penal Servitude.
SILVER— GUILTY — Eighteen Months' Imprisonment.
Before Mr. Justice Blackburn.
MR. STRAIGHT conducted the Prosecution.
CHARLES JOSEPH CARTTAR . I am one of the coroners for the County of Kent—on the 4th of May I held an inquest on the body of Charles Downes in due form of law—I heard evidence and took depositions of persons in reference to the death; among others I took down the evidence of the prisoner—he was sworn—this is his original deposition; it was read over to him and signed by him. (Read: "I live in Warwick Street, Woolwich. I am a labourer. The deceased child was my son, Charles Downes, aged 2 years last birthday. He died on 1st May, at my residence, in Warwick Street, Woolwich. He had been ill for the last nine or ten months. When he was first taken ill I thought it was from teething, as my other children suffered from their teeth at first. He gradually got worse and worse up to the time of his death. I don't know the complaint or disease under which he was labouring. Every care and attention was taken of him by myself and my wife. I called in no medical aid or advice. I am one of the Peculiar People and do not believe in it; I trust to the Lord. The child was prayed for and prayed over, and the Elders laid hands on him and anointed him with oil; by both the elders, Hines and Hurry. I thought the child had been seriously ill for some time past; I trusted in the Lord. I thought the child would have died before but for our trust in the Lord. I do not know the cause or disease of which he died. I did not treat him for any particular complaint. He had every attention to his wants.") The prisoner was afterwards bound in recognizances to appear at this Court.
ELIZABETH SAVILLE . I am the wife of Thomas Saville, and live in Warwick Street, Woolwich—I have known the prisoner, his wife, and the child—I gave evidence before the Coroner—I had known the child to be ill about eight or nine months before that; I had seen it daily—it was a nice child when it was about three or four months old—for the last eight or
nine months it seemed naturally wasting away; it breathed very short at times—I noticed its wasting away—it appeared very ill at times, but some days it would rally and appear a little better and revive again—he coughed at times—I was' present at his death on 1st May, about 7 o'clock in the evening—I was in and out of the place all day from 8 o'clock in the morning; it appeared very ill all day—it was not able to talk during that day; it had been able to talk at onetime—it ceased to do so the day before its death—I believe I heard it speak on the Friday, the day before the death—I am one of the Peculiar People; the prisoner was a very kind and. affectionate father, also the mother.
GEORGE HURRY . I live at Plumpstead and am an engine driver.; I am a member of the Peculiar People and am one of the elders—we never call in medical advice when we are ill, nor give medicines—we have religious objections to it—in sickness we call for the elders of the Church, and they pray over the sick person and anoint him with oil in the name of the Lord, as you will find recorded in the 5th chapter of James' Epistle, 14th verse—there is another passage we refer to about the laying on of hands in the last chapter of Mark's Gospel and the last few verses—I know the prisoner and his wife—during the illness of the child I frequently visited it—I was called in sometimes and sometimes I voluntarily went, as it was a long illness—I observed that the child was in a declining state and thought it was teething; it was wasting away, but the children of these parents have always been so, all of them—in my capacity of elder I put hands on the child and prayed over it and anointed it—the prisoner did not ask my advice about the child, no further than we would speak together concerning its state; he has said something like this "What would be your advice to give to the child?" and I would advise port wine and arrowroot and such things as that, as I believed was best required for the child, and new milk and eggs and such things as them—I never advised him to call in medical aid—he did not ask me anything about medical aid to my recollection—I believe we have agreed to call in medical aid in cases of contagious diseases, on account of our neighbours—I believe we promised that before Justice Byles—if a member broke his leg or had a serious wound inflicted on him we should provide, but we never met with such a case in thirty years now past—our women are not attended by a medical man in childbirth; we have skilful women in our sect—they do not take the name of midwife; they do not take that responsibility, but they answer the place of one; they have been found competent by experience to carry women through their labour to. the delivery of the child—I was not present at the death of this child; I was there about a quarter of an hour after—I could not exactly say how long before its death I had seen it; it was a long illness—I used to see it once or twice a week.
By THE COURT. We do not call in medical aid for a helpless infant, because we have seen so many successful cases in answer to prayers, God has raised them up—we use faith in place of physic; that is the rule we observe both for us and for ours; we apply the same remedy to our offspring as we do to ourselves—as to human means, we supply nourishment—I believe if it was laid down to us that it was the law that we should call in medical aid to infants, we should be the last persons in the world to break the law, but we have never yet observed that it was the law—I will pledge myself to take the question to the conference meeting—the prisoner was in work as a labourer at Mr. Arnold's, a timber merchant—I don't know exactly the amount of his wages, but 21s. a week, I believe, or something near that.
ALFRED SHARPE . I reside at Woolwich and am an M.D., and M.R.C.S. of Edinburgh—I did not see this child until it was dead, when I received an order from the Coroner to make a post-mortem examination—I examined the body—it was in an extreme state of emaciation—there were no external marks of violence, or want of attention, or cleanliness, or anything of that sort; it was cleanly and well attended to externally—it was unusually emaciated—I examined the chest—the left lung was in a state that revealed old standing chronic inflammation, and also inflammation of a more acute character—the two pleura were adherent to a most unusual extent, showing old-standing pleuritis—the lung was permeated by little collections of matter, showing recent acute inflammation; I am now only alluding to the left lung; that is the one that is first affected, as a rule—on the left bide of the chest the pericardium was more than normally full of fluid—in the right lung there was a commencing tubercular deposit, which is a very frequent result of pneumonia—the appearances in the right lung did not present the preliminary stages of the results that I found in the left lung—I found some fluid in the stomach, showing that food had been properly conveyed to the child—in my judgment the cause of death was pleurisy and chronic inflammation of the lungs—the condition of the pleura indicated Jong standing disease, gradually and slowly progressing—it was certainty a disease amenable to treatment in its earlier stages; of course I do not for a moment presume to say that the child would have recovered under treatment, its life might either have been prolonged or saved; that I cannot say; I say that its life might either have been prolonged or saved if proper treatment had been applied to it in the earlier stage—the emaciation was of such a character that it must have existed for some time, it must have been observable for some time—teething had nothing at all to do with the disorder of which it died.
Prisoner's Defence. I don't think it would have lived as long as it did had it not been for the Lord interfering, for he used to revive and eat pretty well at times. Our children always suffered with the teeth, but I did not think anything was the matter with it inside. I did not know we were breaking the law of God; we go by the Book from beginning to end.
This being the case for the prosecution, the Court requested Mr. Straight to refer to any authorities defining the precise duty of a parent or other persons having the custody of a helpless infant. The following cases were cited:—"Reg. v. Smith," 8 "Carrington and Payne;" "Reg. v. Hurry," Central Criminal Court Sessions Paper. vol. 76, p. 63; "Reg. v. Hines," vol. 80, p. 312 of same; and "Rex. v. Friend," "Russell and Ryan," p. 22.
MR. JUSTICE BLACKBURN: "I shall tell the Jury that in my opinion the law casts a duty upon a father who has the custody of a helpless infant, to provide according to his ability, all that is reasonably necessary for the child including, if it he ill, the advice of persons reasonably believed to have medical skill. I put it in those words, because I would not say that if a parent called in an unskilful person, and death ensued from his failure of skill, that that would be manslaughter on the part of the parent. In deference to the ruling of MR. BARON PIGOTT, as reported in the Session Paper (Vol. LXXX. p. 312), I shall reserve the point, and I shall ask the Jury to find the prisoner guilty, if they think that he having the means and ability to procure medical aid neglected to do so, and death ensued from that neglect. Unless both those matters are made out, it would not be Manslaughter; but if they find him guilty upon that riding I should ask them to say further whether the prisoner bona-fide, though
erroneously, believed that medical aid was not required, or whether he bona-fide believed thai it was wrong to do so" In concluding the summing up the learned Judge submitted to the Jury in terms the following questions:—1st. Did the prisoner neglect to procure medical aid for a helpless infant, when in fact it was reasonable to do so, and he had the ability to do so. 2nd. Was the death caused or accelerated by this neglect? Unless both those things concur he is not guilty. If both are proved then you will say that he is guilty. But I further ask these two questions, which will raise the point to be reserved; did he bona-fide though erroneously believe that medical advice was not required for the child; and did he bonafide believe that it was wrong to call in medical aid.
The Jury found the prisoner GUILTY , and with regard to the two questions admitted to them, stated that they believed the prisoner acted in good faith, as far as his religious scruples, were concerned that he thought he was doing the best for the child in trusting to prayer and faith rather than in the doctor. They also stated that they thought there should be a law made binding persons to procure medical aid for children under a certain age. Judgment reserved.
The prisoner was liberated on his own recognizance in 50l. and one surety in. 50l., to appear and receive Judgment when called upon.
Before Robert Malcolm Kerr, Esq.
MR. VIVIAN conducted the Prosecution.
WILLIAM MOORE (Policeman R 263). I produce a certificate of the prisoner's first marriage—I have examined it with the register. (This certified a marriage at St. John's the Martyr Church, Southwark, on 17th February, 1851, between Dennis Hutton, aged 22, batchelor, and Mary Jewell, 29, spinster.) I also produce a second certificate which I have compared with the register. (This certified a marriage at Woolwich Parish Church, on 5th May, 1875, between Dennis Mutton of age, a widower, and Catherine Jane Conden also of age, a widow).
WILLIAM BLEACH . I am a staff Serjeant of pensioners at Woolwich Dockyard—I have known the prisoner a number of years; he is a bricklayer—he was formerly in the Engineers, and is a pensioner of 1s. a day, for which he has to sign a book as a receipt—I know his signature—this is a receipt on or about 3rd April, for a pension to be paid to his wife and children at Chatham.
EDWARD JOHN THOMPSON . I am a painter and glazier, of 8, William Street, Bull Fields, Woolwich—I knew the prisoner in 1861 in Shorncliffe—I belonged to the same company, the 23rd Royal Engineers—he was in the married quarters—his wife lived with him—I saw him about three weeks ago—he told me was going to get married—I said "What are you going to make of the first wife?"—he said "She is dead"—I saw his wife at the police-court the other day, but till then I had not seen her since 1861.
MARY CATHERINE HUTTON . The prisoner is my father—my mother is alive, I was with her on Sunday morning—it is a good many years since I can remember the prisoner living with my mother; they were living
together five years ago, and then I went and travelled with a family as lady's maid—I am 24 next month.
THOMAS BARRISKELL . I am landlord of the Cornish Arms, Waterman's Fields, Woolwich—on Wednesday, 5th May, I saw the prisoner married to Catherine Condon, my mother-in-law, and signed the register as a witness.
The Prisoner in his defence stated that his wife left him five years ago, stating that she did not wish to have anything more to do with him; that he subsequently went to stay at Mrs. Condon's house, and afterwards married her; that she knew he load a wife, and that it was perfectly understood between them that if her husband came home he would have to stand on one side.
CATHERINE JANE CONDON . I am married—I call myself a widow—my husband has been away twenty-four years, and I don't know that he is living—I told the prisoner of it before I was married to him—I did not know his wife was alive—he told me had received a letter that she was dead, but he did not see her die—he said he had lost the letter—I did not see it—I told him my husband had been away twenty-four years; he went away in 1852, and I had the last letter from him in 1855.
In reply to THE COURT the Jury stated they believed that he told Mrs. Condon that his wife was dead— Three Months' Imprisonment.
Before Mr. Baron Pollock.
MESSRS. POLAND and KELLY conducted the Prosecution.
JANE BRIGHT . I am the wife of William Bright, an engineer, of Suffolk Street Borough—I knew Ellen Conway, the deceased, she was a woman of middle age; she lived at 9, Little Suffolk Street, Borough, and I live at No. 7—on Whit-Tuesday evening, between 8 and 9 o'clock, there was a disturbance in the street, and I saw the prisoner with a perambulator in his hand, outside the door; they were standing close together—he struck her with the perambulator; she raised her left hand and went into the house—I saw her passing my door two or three days afterwards, and she complained of her head being bad—I never saw her again, till 31st May, the day she died—they deal in perambulators and let them out.
Cross-examined by the Prisoner. She put her hand up after the blow.
By THE COURT. They did not appear drunk, but they were both very much excited.
ESTHER MARSHALL . I am the wife of John Marshall, of 6, Little Suffolk Street, two or three doors from the prisoner, on the same side of the way—I knew Mrs. Conway, she lived at No. 9, with the prisoner, as man and wife; they let out perambulators, which were out in the street ready to be hired—on Whit-Tuesday evening, I was at my first floor front room window, and heard quarrelling in the street—I saw the prisoner and the deceased at their door; I could not hear what was said, but I saw him raise the perambulator and strike her two or three times on the side of the head with it—he held it by the wooden handle and by the front wheel with two hands—she went indoors and the prisoner remained outside; they did not appear to be drunk—a policeman was sent for and one came, but I did not go down—
I saw the deceased on the Thursday afterwards, and she said that her head was very bad—some considerable time after that I saw her dead.
Cross-examined. I saw you lift the perambulator two or three times—you took it in doors after you struck her—I have not been told to say what I have said—I do not know that Mrs. Conway had been drinking all day and for several weeks—I have seen you and her drink together—you hit her as hard as you could with the perambulator—I don't know whether she was trying to prevent your going in with it.
HANNAH SOMERS . I am the wife of William Somers, a labourer, of 8, Little Suffolk Street, Borough—that is next door to where the deceased lived—I knew her—on Whit Tuesday evening, about 8 o'clock, I was looking out of the first floor window, and heard the prisoner and Mrs. Conway quarrelling, but I could not hear what they said—after that I saw them scuffling with the perambulators; he went to take them indoors, and she would not let him—she said "They are my property leave them alone"—I then saw him take a perambulator up, and strike her a tremendous blow on the head with it, and. another blow on her shoulder—she then said "You have murdered my mother, and you want to murder me, but you won't"—he said "I will before I have done with you"—I then left my window as I was frightened.
Cross-examined. I have known you for along time living next door—you were very kind to the old woman, the mother, when you were saber and looked after her when she was ill—the deceased never lit a fire or cooked a bit of supper when she lived with you, you did that—you tried to make her as comfortable as you could—I have heard her blackguard you many times—you have come away and left her when she abused you, but you have struck her—she never did anything at home, she went out to work.
ALICE BOTTING . I am getting on for twelve years old and live at 9, Little Suffolk Street, that is where the prisoner used to live—on Whit-Tuesday a costermonger took up the prisoner's dog and put it on his barrow and was going to take it away—the prisoner took it away from him—Mrs. Conway who was at the Rodney Arms said to the prisoner "Let the man be, he works to get his living," and then the man went away—just as he was going to take a perambulator into the house Mrs. Conway stopped him and said that they were her property and shoved him away and he lifted it up and struck her on the side of her head and then on her left shoulder—she said "You killed my mother and now you want to kill me"—he said he would before he had done with her and she went indoors, hut she was at the door when the prisoner came—there is no garden in front of the house.
Cross-examined. I saw you that evening when you left off work and I saw you get your tea when I was sitting outside on a settle—you were sober—I saw you bring your dog close to Micheloy's legs when he put it on his barrow—the kerb is only wide enough for a double perambulator to go by and I was again the kerb—I did not work for Mrs. Conway then, I did this. time last year—you were very kind to her, her grub and yours were cooked before you came home—I lived with you a good many months and worked for you—I don't know how you behaved to the grandmother.
HENRY TEDDER (Policeman M 202). About 9.30 on Whit-Tuesday night I was called to Little Suffolk Street—I went to the prisoner's house and saw the prisoner and the deceased standing at the door—I asked her what
was the matter as I was called there—she said that her husband and her had been having a few words—the prisoner made no answer to that—they both appeared sober—she did not mention the blow and I saw no marks on her.
FREDERICK WALTER SMITH . I am a surgeon of 108, Blackman Street, Borough—on Saturday, 22th May, at 2 p.m., I was sent for and saw Ellen Conway in bed at 9, Little Suffolk Street—she complained of being violently sick and of having a headache, I treated her and saw her again on the Monday, she was then insensible, and she died shortly after, before 5 o'clock, because I went there again at 5 o'clock and she was dead then—she had not complained to me of any blow, I only had to treat her for sickness and headache—I made a post-mortem examination on the Wednesday—there were no external marks—on removing the integuments there was inflammation and an infusion of serous blood over the left side of the upper part of the head, and on removing the bone the dura mater was very much inflamed, and there was a large clot of blood underneath which had set up inflammation of the brain and the membranes were very much inflamed—the cause of death was inflammation of the brain caused by the clot which was caused by external violence I believe—I am able to say that external violence which at the time produced no immediate effect will afterwards cause the brain to become inflamed and insensibility to come on—I do not believe that this inflammation and clot could have arisen from internal causes the other organs were not particularly healthy, but there was no particular disease—I believe from the appearance of the stomach and liver that she was addicted to drink—it is consistent with what I saw that the external violence which caused this might have been as long ago as Whit-Sunday, 18th May.
Cross-examined. You came to me and asked me to come and see your mistress, and to make as much haste as I could—you came twice for me on the Monday morning—you were there when I got there.
JOSEPH PAGE (Police Inspector F). I took the prisoner on 5th June at St. George's Workhouse where he had been summoned as a witness—I told him he would be charged on the Coroner's warrant, and read over a portion of it to him—it was for Manslaughter—on the way to the station he said "I don't care what becomes of me now, I have lost her and I have lost all"—the same charge was read over to him at the station and he made no reply.
The Prisoner's Statement before the Magistrate: "I wish to state how it happened, the first instigation. I was in the Rodney Arms having half a pint of ale. Me and Ellen Conway were in there drinking, having a drop of ale; then while I was in there Mrs. Conway crossed the road into the Old Justice, and while I was in there a costermonger came along and took up the dog into Mr. Carpenter's, the Rodney Arms. I took the dog away from him and took it to my door, and he came and took up the dog and rolled it up on the barrow in some sacks and I took the dog away from him and he ran away and left his barrow because I wanted to know his name. Mrs. Conway said 'Let the man have his barrow as he wants to get his living," She felt quite angry at me making the man's barrow stop. Me and Mrs. Conway got talking, and one word brought up another, and I was going to bring the perambulators in, she said I should not do it, so trying to get the perambulators in she tried to take them away from me and I didn't strike her. She went to her work as usual till the Thursday and
when I came home from dinner I found her lying in bed, and she said she felt very bad, and got worse on Friday and told me to go for the doctor and I sat up with her three nights. That's all I have got to say."
Prisoner's Defence. When I left my employment I had my tea, and a costermonger came in from a beer-shop, took up my dog and took it away; and he came a second time and deliberately took it again. I followed Him and he ran away and left his barrow. Mrs. Conway was in the Old Justice having a drop of gin, I suppose with the two witnesses who had been in her company night and day; she could never go outside the door without someone else to have a drop of gin. She said "Why don't you let the man go about his business; he has got his living to look after," and she seemed quite angry. I had taken in three perambulators previously and I took up-another. She said "You shan't take it in; they are my property." I said "It is 9.30 and it is too late to let them out any more." In the scuffle I took it up to lift it over her head. She was not so tall as I am and it did not touch her. I took that one in, and while I was doing so she sent a little girl for a policeman. I said "There is the policeman, what are you going to charge me with." The policeman came and I heard what she said to him and soon after that we had a drop more drink, and consequently when she was sitting on a chair close to the door she fell down between the chair and the door, where there was a broom and a square bit of hearthstone. I picked her up, undressed her, and put her to bed and next day she was outside and got drunk again, and the following day, and the following day again; and on the Saturday she got blind, speechless drunk and could not stand. She fell on her face over a piece of carpet and I undressed her and put her to bed. As to striking her I know nothing about it. They have done this to get possession of my house and home, and the same day while I was away they sold 15 or 16 perambulators, and there were a lot of people in the house. The little girl can prove that Mrs. Conway's son came and ransacked the place and said "Where is the bank-book." I had been to the undertaker for a coffin, and then somebody said that I went to the undertaker before her body was cold. They ransacked the house and took everything, and I had a little home like a little palace.
GUILTY of Manslaughter with provocation — Twelve Year's Penal Servitude.
Before Mr. Common Serjeant.
MR. PLATT conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.
JOHN BAKER . I am a beer retailer, of 27, Peter Street, Southwark Bridge Road—on 1st June, about 3.30 in the morning, I was awoke by the raising of my bedroom window on the ground floor; it was broad daylight and the sun was shining brightly—the foot of the bed faces the window—I saw the form of a man push back the blind with one hand, and he was in the act of stepping off the window sill on to the floor, the whole of his body being in the room—I called "Halloa," and he immediately decamped back through the open window, closing the window and then the shutters—the prisoner is the man; I have no doubt at all about him—I saw a constable within two minutes and gave him a description of the man—in less than twenty minutes afterwards I was fetched and saw the prisoner at the bottom of the street; I recognised him and he was taken—I had shut the window and shutters
the night before—the shutters were not fastened; the window was by an ordinary catch—nothing in the house was disturbed.
Cross-examined. There was a blind to the window—I had never seen the man before; I was awoke by the raising of the sash—the aspect of my room is south-east.
JULIA BAKER . I am the prosecutor's wife—about 3.40 on this morning I saw a man's figure on the blind outside—I saw his hand move as if unfastening the hasp of the window; I heard it go back and shortly afterwards the window was raised, and he put his head in and held the blind back with one hand; then I saw him put the remainder of his body in to get into the room—when Mr. Baker asked what he wanted the man made use of very offensive language and jumped back into the street, closing the window after him and likewise the shutters—it was very light; I could see very plainly—the prisoner is the man; I have not the least doubt about him.
Cross-examined. I was not called before the Magistrate I was not required.
GEORGE HORNSBY (Police Sergeant M 6). About 4 o'clock on this morning I received information and went and examined the window; it could be easily forced open with a knife; shortly after this I saw the prisoner in George Yard; I sent for Mr. Baker and he identified him—I said "I charge you with being in the Lord Clive beer-house since 3 o'clock"—he said "I don't know where it is"—I said "At the corner of White Cross Street"—he said "I have been running about all the morning calling people for the races."
Cross-examined. Nothing was found on him—Mr. Baker described the man as having a blue coat on.
HENRY JARMAN (Policeman M 65). I received information about this—I saw the prisoner coming down Red Cross Street, about 100 yards from the prosecutor's house—he was stopped—I asked what he did out so early in the morning—he said "I have been up all night, calling people up to go to the Alexandra Park Races."
NOT GUILTY .
Before Mr. Recorder.
MR. TICKELL conducted the Prosecution; and MR. RIBTON the Defence.
NOT GUILTY .
>ADJOURNED TO MONDAY, JULY 12TH, 1875.