CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 12TH, 1875.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 12th, 1875, and following days,
BEFORE THE RIGHT HON. DAVID HENRY STONE, LORD MAYOR of the City of London; The Hon. GEORGE DENMAN , one of the Justices of Her Majesty's Court of Queen's Bench; Sir RICHARD PAUL AMPHLETT , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir THOMAS DAKIN , Knt., and Sir THOMAS WHITE , Knt., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN , Esq., Sir CHARLES WHETHAM , Knt., and WILLIAM MCARTHUR , Esq., M.P., 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.
CENTRAL CRIMINAL COURT.
STONE, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 12th, 1875.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS for the Prosecution, offered no evidence.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
JANE MURRELL . I am the wife of Charles Murrell, a market gardener in Greenwich Market—I have a nephew who keeps the Rising Sun, in Scot-land Yard—on 10th May, I was staying with him and assisting in the business, the prisoner came in and asked for 1 1/2 d. worth of rum, for which he tendered a half-crown in payment—I thought it was bad and told him so—he said nothing; I gave it to my nephew, and he sent for a constable.
REUBEN ARCHER . I keep the Rising Sun—on 10th May, I received from Mrs. Murrell, a counterfeit half-crown in the prisoner's presence—I sent for a constable and gave the prisoner into custody with the half-crown—the prisoner wished to tender 6d. to pay for what he had, and to have the half-crown back.
JAMES LAWRENCE (Policeman A R 22). I received the prisoner in charge—he said he got the "half-crown from a person who had employed him"—I asked who the person was—he said he did not know, he was a traveller, and he only met him by appointment; he did not know his name, or where he lived—I searched him but found nothing on him—he was taken before the Magistrate, remanded and discharged.
NICHAEL MCDERMOTT . I was a chemist at 371, Commercial Road—on the night of 24th June, the prisoner came into my shop about 11 o'clock, or a little after—he asked for a seidletz powder, which would be 1 1/2 d.—he gave me a bad shilling in payment—I told him it was bad, he then handed me a good 2s. piece—I sent for a constable and gave him in charge, and handed the two coins to the constable, he appeared rather intoxicated.
WILLIAM CRAWLEY (Policeman K 95). I received the prisoner in charge on 24th June—I told him the charge—he said "All right, I can't help it now"—he was drunk, but not so drunk as not to know what he was doing—I found on him. two sixpences and 8d. in bronze; I produce the bad shilling.
Prisoner's Defence. I had been working for a traveller three or four days, (jurying his luggage; he paid me for two or three days' work; I got' in drink on the Thursday, and must have taken the shilling on the road. I did not know it was bad.
GUILTY — Six Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. J. P. GRAIN conducted the Prosecution.
WILLIAM MIDDLEWICK BELL . I am clerk and cashier to Messrs. Knight, in Aldermanbury—on 1st July," about mid-day, I was in the counting house—I heard a noise and went out to the landing and saw the prisoner descending with a roll of cloth on his shoulder—I asked him who he was—he said he had been instructed by a gentleman round the corner to fetch a bale of cloth, which he would find on the stairs, and he was just taking it to him—I asked him who the gentleman was—he said he did not know, that he had a cart and could not leave and he had sent him for the cloth—I wanted of course to know something about the gentleman, and he said that he would go and fetch him—he lowered the cloth on to the stairs—I followed him into the street when he quickened his pace—I pursued him and caught him in Fountain Court—I brought him back to the warehouse and a policeman was sent for—this bale was certainly not on the stairs before I saw the prisoner with it—it is worth about 6l.—I had never seen the prisoner before.
JAMES CHRISTESON (City Policeman 167). On 1st July, about 12 o'clock, I was called to Messrs. Knight's warehouse in Aldermanbury, and the prisoner was given into custody—he said a gentleman sent him for the sale of goods that were lying on the stairs—he gave his address 396, Hackney Road, and worked for Mr. King, but I could find no such person.
GUILTY — Twelve Months' Imprisonment.
ROSE PERRIN . I live at 11, Greville Street, Leather Lane—I am a widow—on Sunday, 4th July, between 10 and 11 o'clock in the morning, I was walking down Leather Lane—the prisoner came behind me and struck me two blows from behind, once in the right cheek and once in the head—I fell across a barrow—I bled considerably—the first blow almost stunned me—the prisoner did not say anything—I followed him and he was given into custody by Martha Kent, who was with me—I had lived with the prisoner for eight years—I left him about seven weeks before this occurred, because I did not wish to live with him any longer.
Cross-examined by the Prisoner. I left you because I was not capable of working any longer—I am not living with another man.
JOHN CONNOR . I live at 18, Verulam Street—on this Sunday morning I was passing through Leather Lane—I saw the prisoner—he had a bradawl in his hand—I saw him stab the prosecutrix with it—he made the best of
his way into Hatton Garden—I followed and detained him till a constable came up.
The Prisoner in his defence alleged that the prosecutrix had left him to live with another man; that he had no intention of injuring her, but he was in such a state that he knew not what he was doing.
GUILTY of Unlawfully Wounding — Eight Months' Imprisonment.
MR. GOODMAN conducted the Prosecution.
AUGUSTE FAVRE . I am a hairdresser, of 22, Holborn—the prisoner is my nephew, and was in my employ six years as assistant—on Saturday, 5th July, I missed two glass bottles containing per oxide of hydrogen, value 36s.; it is for the hair—on the Monday I went to his lodging, at 4, Took's Court, and with a key I opened a drawer in which I found these two bottles, one nearly empty and the other full—I bought them of Mr. Robins of 372, Oxford Street—I am sure the bottles are mine.
JOSEPH WILLIAM FAWKE (City Detective). About 7.30 on the morning of 6th July I went to the prisoner's lodging, 4, Took's Court, and saw him in bed—I told him I was a police officer and I should take him into custody for stealing two bottles from his employer, Mr. Favre—I pointed to the bottles—he said, "I have not stolen them, I purchased them at Mr. Robins, 372, Oxford Street—he said, "Then you have been here before?"—I said I had—I asked when he purchased them—he said he bought one bottle on the Wednesday previous, and one on the Friday, from a fair person and thin in the face, in Mr. Robins' employ—I asked if he had any invoice with them—he said he had—I asked what he had done with it—he said he had destroyed it; that the bottles were labelled and he had token the labels off.
WILLIAM ARMSTRONG . I am assistant to Messrs. Robins, of 372, Oxford Street—we sell bottles of this kind—I have seen the prisoner at our place occasionally—I knew in whose employ he was—he has never made purchases on his own account—he did not come on Wednesday 30th June, and buy a bottle of oxide of hydrogen, or on the Friday for another—I was in the shop on both those days—I should think we sold these two bottles to Mr. Favre, because we never sell a single bottle like that and tied up in that way—we sell to another customer a dozen at a time tied up in the same way—we did not sell any on the Wednesday or Friday—if the prisoner had bought these he would have had to pay cash, I should not have given him any invoice.
Prisoner's Defence. I am not guilty. I bought, them there, and that is the young man who served me.
GUILTY — Twelve Months' Imprisonment.
MR. DE MICHELE conducted the Prosecution.
HENRY DONKIN . I am foreman to Mr. Joseph Hudson, of 48, Milton Street, City—I engaged the prisoner as carman on the 2nd June—he gave me the name of John Morgan—I gave him written orders to collect teas from Trinity Warehouses and St. Olive's in the name of the Midland Railway Company and I told him to take them to the Midland goods station in Mint Street and to go with van No. 109—on 2nd June I received
information and went to Church Street police-station where I found the van and thirteen packages of tea in it—nine chests of tea were missing of the value of between 30l. and 40l.
WILLIAM FAWKES . I am delivery foreman at Trinity warehouse—on the morning 2nd June the prisoner came to my warehouse in Cooper's Row and presented an order from the Midland Railway for some tea—I delivered twenty packages of tea to him, some in chests, some in boxes, and some in half chests—he then drove away—the numbers of the packages I delivered were three boxes No. 1,400,1,401,1,402 ex Golden Spur, 363, half-chest ex Lotus, 3,158 to 61, four chests ex Galatea, 2,445 to 8, four chests ex Achilles, 2293 to 8, six boxes ex Bochara, 303 and 304, two half-chests Guinievre, and 436 and 7 two chests of Assam ex Kothie.
JOHN CONOLLT . I am van boy in the service of Mr. Hudson, 48, Milton Street—I went in the van empty on the 2ud June with the prisoner to Trinity warehouse and there we took in some tea—after we left we went to St. Olive's, George Street, where I put the bag on the horse's mouth at the prisoner's request, and he told me to go to No. 8, Peneton Street, for his dinner—he told me to give the name of Morgan—I went but could not find any Morgan or any dinner—I went back and found the prisoner and the van gone—I went to the Midland goods-station and gave information.
Cross-examined by the Prisoner. When we got to Trinity warehouses I went away and got my breakfast—you told me to go if I liked—I asked you if you were going to get yours and you said you had no money, and I said "If you like to run home I will load the van," and then you sent me.
LYCETT THOMAS BOUSFIELD . I am delivery foreman at Trinity ware-houses—on 2nd June I delivered two half-chests of green tea to railway van 109 about ten o'clock in the morning—I crossed out the ordered and returned it to the van man.
STEPHEN THOMAS (Policeman H 194). On 2nd June, about 5 o'clock in evening, I found a van in Brixton Street, Mile End, belonging to the Midland Railway Company, No. 109—there were were thirteen packages of tea in it—I took it to the station.
RICHARD BUTLER . I am principal foreman of the Midland Railway, Royal Mint Street—on the evening of 2nd June, about 7 o'clock, I checked a quantity of tea in van 109—there were thirteen packages six boxes Nos. 2,293 to 8, three boxes 1,400 to 2, and two chests 436 and 437, one half-chest 2,447, and one half-chest 1,631.
JOSEPH NEWMAN (Detective Sergeant H). On the evening of 2nd June, between 6 and 7 o'clock, I saw the witness Donkin driving a horse and van, No. 109, belonging to the Midland Railway Company towards the Midland railway-station, and after he had taken the horses and van in I had a conversation with him, and from that and other inquiries I made, at 11 o'clock on 3rd June I found the prisoner in the Clyde public-house, Commercial Road—I went in and tapped him on the shoulder and said "William, I want to speak to you"—he said "All right Mr. Newman "he came out and I said "Were you at work for Mr. Hudson yesterday"—he said "No"—I said "I am told you were" he said "No, I was not" I said "I am going to take you into custody for stealing a horse and van and sixteen chests of tea"—he made use of a filthy expression and said 'You can't take me"—I said "I will try," and down we both went on the pavement—he said "I will kill you before you shall take me"—I said
"I know what I have done before I can do again," and I pushed him back into the public-house and I called upon the landlord and barman to bolt the door and bolt us in and keep other people out—he did so and I then put my handcuffs on him—I then got assistance and took him to Lemon Street police-station and he was identified by Donkin and the boy Conolly as being the person who was taken on in the morning in the name of John Morgan—I then took him to Seething Lane where he was charged.
Prisoners Defence. Having 2d. in my pocket when the boy left me, and having nothing in my inside, I went in to get a cup of coffee. J was there about twenty minutes, and when I came out my van was gone, and being a stranger to the foreman I did not know what to do. I did not like to go home to make my loss known.
He also PLEADED GUILTY to having been before convicted in November, 1867*— Judgment respited.
MR. MILLWOOD conducted the Prosecution; and MR. FRITH the Defence.
WILLIAM MORGAN . I live at 3, Denison's Terrace, Redman's Row—about 12.40 on the morning of the 12th June I was in Sidney Square, Mile End, on my way home, having left my sister's house at 12 o'clock—as I was passing the Three Compasses, where it was rather dark, suddenly two men came and took hold of me; they held my arms down very tightly, one on one side and one on the other—one held my hand down with the" right hand and rifled my right hand pocket with the other; the other one still kept hold of my arm down by my side—they took my purse, containing 14s., three keys on a ring, and a scarf pin of no value—I called "Police!"—one of them hit me on the right side of my face and knocked me down—I should not like to swear to the man who did that, but I believe the prisoner to be the man in my own mind—I won't say who hit me; but it came from my right side—this latch key belongs to me.
Cross-examined. I believe the prisoner to be one of the men—I said at the police-court I would rather not swear to him—I did not say "I can't identify any of the men.
RICHARD TALBOT (Policeman, K 102). On the morning of 12th June, about 12.40, I heard cries of "Police!" and "Thieves!" in Sidney Square, Mile End—I ran up towards the spot where I heard the cries—I saw the last witness on the ground and two men running away—I asked the prosecutor what was the matter—T thought he said "I have been robbed by those two men of a sovereign"—I pursued he two men through Lady Lake's Grove and Newcastle Place into the Mile End Road—one ran. to the left and the other crossed the road; that was the prisoner—he fell across a form there was standing outside a public-house—I did not lose sight of him; I caught hold of him—he said "There is a man says he has been robbed in Sidney Square; you must come back until I see"—he refused to come back, and resisted very violently and pulled my light lamp from my belt—with the assistance of another constable I brought him back—the prosecutor was gone—the prisoner appeared to be strongly under the influence of drink.
Cross-examined. That is rather a crowded neighbourhood in the early
part of the night, but that was 12.40 in the morning—a, great many streets cross and recross there—he ran round Lady Lake's Grove—there was no one else there—after the prisoner turned into Newcastle Street it was a straight line—he appeared to be very much the worse for drink—he ran very well; I should never have caught him only he fell down.
Cross-examined. I did not find any papers on him.
WILLIAM HUNT (Policeman 23 K R). From information I received from Constable Talbot I took a part of his beat at 2.30 a.m. on 12th June, and looking along I found this latch key at the top of Lady Lake's Grove.
The Prisoner received a good character.
NOT GUILTY .
452. RICHARD SANDFORD (37), PLEADED GUILTY to three indictments for embezzling and stealing various sums of money of William Henry Muggeridge and others, his masters. Recommended to mercy by the Prosecutors— Twelve Months Imprisonment.
453. JOHN BLACK (25), and JAMES ASHDOWN (25), to a burglary in the dwelling-house of John Brown and stealing divers sums of money and a quantity of tobacco— Twelve Months' Imprisonment each. [Pleaded guilty: See original trial image.]
454. JOHN HECTOR PULLEN (26) , to five indictments for stealing a quantity of jewellery, the property of Frederick Campbell and an other, his masters— Five Years Penal Servitude. [Pleaded guilty: See original trial image.] And
455. JOHN OBERMAN (27) , to six indictments for feloniously forging and uttering orders for the payment of money with intent to defraud. Recommended to mercy by the Prosecutors— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
(For cases tried in the New Court, Monday, see Surrey cases.)
OLD COURT.—Tuesday, July 13th, 1875.
Before Mr. Recorder.
The Prisoner not understanding English, the evidence, was interpreted.
JESSIE STREETER . I am single—I keep the Brunswick Hotel, Hanover Square—on 17th June, at 2 o'clock in the afternoon the prisoner came and asked for a room—I let him the only one I had vacant; it was on the ground floor—he had a small portmanteau with him—there were six rooms on the ground floor appropriated to visitors, the other five were let, three of them were bed-rooms, they were let to a Mr. and Mrs. Roe, of Dundrum, Ireland—Mr. Roe is not here, he is nothing like the prisoner, he is very dark and has dark whiskers, his hair is nearly black and he has a great deal of it—there were no other persons on the ground floor—about 4 o'clock in the morning of the 18th, I was called up by Mrs. Bateman—I did not see the prisoner till about half-past 7 o'clock when he went out.
JESSIE BATEMAN . I am the wife of John Bateman—on 17th and 18th June, we had rooms at this hotel on the second floor—I came home at 1.30 in the morning—my husband came in somewhat later—I had been out to a party, and had been wearing some jewels—I left them on the dressing table—I went to sleep about 3 o'clock—I was awoke a few minutes before 4 o'clock—I can't quite say whether it was by sound, it was more the vibration of the boards, it shook the bed—I opened my eyes and saw a man in the
room who was not my husband—I could not distinguish the features of the man—I merely saw it was a man's figure, he was a small man, slight figure—I called out "Who's there"—I got no answer, the figure glided out of the room; I followed to the top of the stairs—I then had a better opportunity of observing him, the staircase is a circular one and as he went down the second flight I saw him pretty well; I could not see his face; I noticed that he had on coloured clothes, dark flannel, and he had a bald patch on the top of his head, and dark whiskers—I could not say the prisoner is the man—I only followed him to the top of the stairs—he went to the bottom, down two flights to the ground floor—I think I knew nearly all the male servants in the house; I am not sure; my—husband came in immediately after this occurred—my impression is that I shut my room door when I came in; I always do so; I think I may say positively that I shut it.
JOHN BATEMAN . I am the husband of the last witness—I came in very late that morning, about 3.55, I rang the bell and almost immediately heard a noise in the house—I thought the waiter was coming to let me in—I was just on the point of ringing again when I was let in; I found my wife standing in the doorway of her bed-room in a state of great excitement.
JOHN RAMPLEY . I am the boots at the hotel—I let in Mr. Bateman, at 3.55 this morning—I was asleep when he rang—I did not hear any noise—he had just got upstairs when he rang his bell and called out "There is a thief in the house"—I went up and he gave me a description of the prisoner—I did not see the prisoner till about 7.30 when he was coming out dressed—there was no one else in the house who had a bald patch on his head.
Cross-examined by the Prisoner. I never saw you outside your room—I saw you when you came and engaged the room—I took in your portmanteau.
GEORGE M'NICOL . I am a waiter at the hotel—I let in the prisoner on the night of the 17th about 11.55—he went to bed directly—I also let Mr. Bateman in—about 7 o'clock a constable came—just after I let the constable out at the front door, I saw the prisoner come to the front door to go out—I locked the door, and asked him in French if J could speak to him in his bed-room—I then asked him if he had been disturbed in the night—he said no—I said some one had been in the house, and asked him if he had been round about the house—he said no, he had been in bed all night—I said that Mrs. Bateman had found some man in her room about 4 o'clock in the morning, and from the description she gave of him, I came to the conclusion it was him—he got quite indignant of my accusing him of such a thing—I afterwards, with the constable, searched his portmanteau, and found in it a coloured shirt, dark holland drawers, and coloured socks. The shirt was a dark stripe, a dark mixture of tweed.
Cross-examined. My room was not nest to yours; the servants are not allowed those rooms—they are not on the same floor—I have not seen you go out of the room.
Re-examined. Some of the servants slept upstairs and some down in the pantry, in the porter's hall, in the basement—there are six men servants, four waiters and two porters; three men and the page slept downstairs.
JAMES MOOSLEY (Police Sergeant C 9). At 7.30 in the morning I was called to the hotel—the prisoner was coming out of his room when I went back a second time—I spoke to him—he could not understand me—the
waiter spoke to him in French—after he was in custody I examined his portmanteau, which I produce—this shirt was found thrown in at the top—these coloured drawers he was wearing, and he had on a clean white shirt—these coloured socks were thrown in the portmanteau in a hurried manner—he had 10s. 6d. in money on him.
MRS. BATEMAN (re-examined). I have seen the things produced, the shirt looks to me lighter than the one the man had on—the drawers look just the same.
Prisoner's Defence. It was not me that was in the room, the lady can't say it was me. I can't speak English; if the jury think me guilty, what am I to say?
JOHN RAMPLEY (re-examined). The street door was fastened inside by a bolt, a large double-lock, and a chain—I locked the door when I let Mr. Bateman in and took the key downstairs—I did not go to bed afterwards, and I did not go to the door again until the sergeant came; it was then just as I had left it—Miss Streeter had the key after 4 o'clock.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
GEORGE FREEMAN GLOVER . I am a ship master, and live with Mr. Tripp, a solicitor, in Fulby Street—about 12.40 in the morning of 6th June I was called by Mrs. Tripp—there was a lot of knocking, and a great noise below—I found a pane of glass broken in the door leading from the breakfast-room to the garden, and the door was open—I called Mr. Tripp, and we went into the garden—and round to the side passage—we found the garden gate open and the prisoner on the wall, I seized him by the wrist—he was without coat or hat, and only had one shoe on; we afterwards found his coat and hat in the street in front of the house—I believe the man was so intoxicated that he did not know what he was doing; if he had intended to commit a burglary he would not have annoyed the whole neighbourhood by hammering at the place as he did—he had been in bad company, and they had left him there; he was so drunk he evidently did not know where he was—I believe he is perfectly innocent of the charge of burglary; if he wanted to steal, he could have stolen anything and gone away.
NOT GUILTY .
MR. MONTAGU WILLIAMS conducted the Prosecution.
WALTER APPLETON . I am a stationer of 21, St. John's Lane, Clerken-well—the business is now carried on as "The Educational Supply Association Limited," in High Holborn—I am director of that company—on 21st June I went to the office and found the prisoner in charge of the assistant overseer of the Post Office—he showed me this post-office ordersigned Collins & Appleton—it is not my writing or Mr. Collins'—I don't know the prisoner's handwriting—he had no authority to sign any documents.
HERBERT MARSH . I am assistant to the Educational Supply Association—in consequence of what I heard I examined the letter-box—I found it broken at the corner so that letters could be taken out—it is made of zinc, it is fastened at the corner by a screw, that screw had been torn away so
that any one could get their Band down—I saw the prisoner in custody and heard him say that he had found the order, afterwards he said that another boy found it.
WILLIAM TIZARD . I am counterman at the West Central District post-office—at 2.40 that day the prisoner presented this post-office order for payment—I compared it with the letter of advice—I found a discrepancy in the spelling of the payee's name, in consequence of which I asked the prisoner who sent the money order—he said the School Board—I asked him who signed it—he said the clerk—I submitted the order to the postmaster's clerk and he put certain questions to the prisoner.
SAMUEL LEDBURY . I am assistant overseer at the West Central post-office—from instructions I received I took the prisoner at the Educational Supply Association—I saw a clerk there and in the prisoner's presence I asked him if the prisoner had been authorised to fetch the money from the post-office—the clerk said "No"—I then asked him whose signature it was—he said it was no one's there—I asked if it was signed by Collins or Appleton—he said no—the prisoner was then questioned—he first stated that he found the order in the street, and afterwards that' another lad gave it him—I asked how he knew it belonged to the firm—he said it was signed when he picked it up—the box was shown to me—I asked the prisoner if he knew it was broken open—he said "No, I did not break the box open."
EDWARD NORWOOD . I am a solicitor at Charing, in Kent—I got this post-office for 4l. 3s. at the post-office at-Charing; I made it payable to Collins & Appleton—I enclosed it in a letter and gave it to my clerk to post.
MORRIS WHITTINGTON (Policeman G 150). I received the prisoner in custody—on the way to the station he said "It was not me that opened the letter-box, it was a young man named Hanley that opened it, he took out six letters, opened them all, and in the first we found a post-office order for 4l. 3s., Hanley took the order to Charing Cross post-office where it was not payable, I took it to Holborn post-office and told them I had come to get it changed.
Recommended to mercy by the Prosecutors— Three Months' Imprisonment
MR. F. H. LEWIS for the prosecution offered no evidence.
NOT GUILTY .
MR. FRASKLYN conducted the Prosecution.
RICHARD CHARLES BAVERSTOCK . I keep an hotel at 76 and 77, Aldgate High Street, City—on 7th October the prisoner passed the night at my hotel—next morning my attention was drawn to bedroom No. 2, by Emma Chick, the chamber-maid—I found the bed cut open, the spring mattreas was also cut open in two or three places, the sheet had been held up and burnt in various places, the. blanket had also been served the same, all the handles of the mahogany chest of drawers had been burnt all over, two very indecent words were scratched on the looking-glass with a diamond, and also on the window, the soap was cut into small pieces and kneaded into the carpet pretty well all over the room, and water was strewed about all over
the carpet—about 7l. of damage was caused—the prisoner went away without paying his bill—on the evening of 30th April he came again and took a bed; the chamber-maid let it to him, I did not see him—I was taken into the room No. 9, in the morning, and found the bed cut open, the greater portion of the feathers taken out and strewed about the room, and the water jug emptied all over the feathers and on to the carpet, going through and damaging the ceiling below, the looking-glass was scratched over in the same manner with two very filthy words, the window curtains torn in halves and something dirty done in it and thrown out of window on to the skylight—the amount of damage done then was above 5l.—on 11th June the prisoner came again, about 1 o'clock in the morning, and had a bed—the chambermaid recognised him in the morning, as he came up the stairs, and called me—she first locked the door—I found him struggling with a captain who was staying in the house—I assisted in preventing him from going out, and sent for a policeman and gave him in charge—as soon as the constable came the prisoner held up a glass of ale that he had been served with, and said, "This is what I came in for, now let me out, or I shall charge you with serving me after hours"—I said, "We have merely served you to keep you quiet till we got a constable"—he was taken to the station, and he was very abusive there.
EMMA CHICK . I am chambermaid to Mr. Baverstock—the prisoner slept there on the night of 7th October, in room No. 2—I went into the room next morning, about ten minutes after he left it, and found the bed and mattress cut, the sheets and blankets burnt, and everything in the room spoiled, the handles of the drawers burnt, and the looking-glass and window scratched with a diamond ring, and the carpet soaked with water and soap—the prisoner went away without paying for his bed—I next saw him on 30th April, he then occupied No. 9—I saw him come in but did not recognise him that night: I did in the morning when he came downstairs, and I directly went to the room he had occupied—I found it pretty well in the same state as before—I went and told my master—I did not see anything more of the prisoner.
Cross-examined. There were two other lodgers, but they had left an hour and a half before the prisoner.
SARAH REES . I am waitress at Mr. Baverstock's hotel—on 1st May I saw the prisoner in the coffee-room after he had slept there—he asked me for some coffee—I went to get it, and when I returned he was gone.
WILLIAM DAVIS (City Policeman 42). I was called to the prosecutor's house on 1st May—I was shown into a bed-room and saw the feather bed cut in two places and the feathers strewn about the room, the carpet saturated with water, and the window curtains torn in two and something done in it and thrown out on to the skylight.
FRANK HUNTER (city Policeman 804). On 11th June, about 2 in the morning, I was called to Mr. Baverstock's, I found the prisoner sitting there with a glass of ale in his hand—he said to me "They served me with this glass of ale, it is after hours, I shall take this glass away with me to the station"—I inquired of Mr. Baverstock the charge—he said he had been to his house on two occasions, and had damaged his furniture—I took him to the station, searched him, and found on him 2l. 13s., a pocket-book, four keys on a ring, an order for the Cambridge Music Hall, an Albert chain, a scarf pin, which may probably have scratched the glass, and two rings, one
on each hand—in answer to the charge, he said he had not been there on the dates mentioned.
Prisoner's Defence. All I have to say is, is it feasible, if I had done this damage, that I should return to the house again?
GUILTY — Twelve Months' Imprisonment.
461. GEORGE HOLLAND (42) PLEADED GUILTY to feloniously forging and uttering an order for 2l. 5s. 6d., also to four other indictments for obtaining goods of different persons, having been before convicted— Eight Years' Penal Servitude.
MESSRS. POLAND and SAFFORD conducted the Prosecution; and MR. SETH SMITH the Defence.
JAMES JOHN PATTISON , I am a cashier in the service of Messrs. Barnett, Hoare, Hanbury & Co., bankers, of 62, Lombard Street—the Vestry of St. John, Hampstead, keep an account with us—their cheques have to be signed by the chairman and two vestryman, and countersigned by the vestry clerk—on 19th May this cheque for 78l. 13s. was presented to me for payment—I gave for it ten 5l. Bank of England notes, Nos. 25,001 to 25,010 inclusive, dated 27th March, 1875, and 28l. 13s. in money—these (produced) are four of the notes I paid.
Cross-examined. I paid the money myself over the counter—I can't say whether I paid them to the prisoner or not.
HENRY FRANCIS GASTENEAU . I am a cashier at Messrs. Barnett's—on 27th May this cheque for 60l. 11s. was presented to me, I paid for it five 10l. notes, Nos. 86,245 to 86,249 inclusive, and 10l. 11s. in money; these (produced) are five of the notes.
Cross-examined. I can't remember to whom I paid them.
WILLIAM GRIBBLE . I am a solicitor, and vestry clerk to the parish of St. John, Hampstead—it is my custom to countersign cheques drawn for the business of the parish—neither of these cheques were signed by me or by my authority—I am acquainted with the signature of the chairman, the Rev. Mr. Burnaby—they are not signed by him.
Cross-examined. There is also the signature of Thomas Black, I don't know anybody of that name on the vestry.
THOMAS BRIDGER . I am assistant-clerk to the vestry of Hampstead—at the end of December last the prisoner was appointed gate porter at the workhouse—it was his duty to keep the porter's book, which I have here—he would enter there the names of the persons who came in and went out of the workhouse—on 28th January he left the service—a balance of 11s. 9d. was then due to him—his salary was 30l. per annum with lodging and rations—when he left I gave him a cheque for the 11s. 9d., signed by Mr. Burnaby and myself as clerk—that cheque came back from the bankers on the 9th February, and was duly charged to the guardians—I have here a cheque-book—it was kept in a desk in front of me, or it might be in a cupboard in the same office until it was used—at the time the prisoner left it was complete, not commenced to be used—the prisoner would have access to the office in which that book was kept, it was part of his duty to lock
the office at night after the clerks left—in consequence of my attention being called to those two cheques, I examined this book and found that four blank forms had been taken out, counterfoils and all—these two cheques are two of these forms, I find that from the numbers—I know the prisoner's handwriting—to the best of my belief the signatures of Evans and Gribble to the cheques are his writing—there are entries of his in the porter's book on 2nd, 4th, 5th, and 6th January, of the names of Evans and Gribble which correspond with those on the cheques—there is no vestryman named Thomas Bates.
Cross-examined. The name of Gribble to the cheque is particularly like that in the book, Evans is not quite so like, but I think it is the same handwriting, it is rather a peculiar hand—the prisoner left in January—both the cheques are dated in May—I can't say that other persons may not have had access to the cupboard in which this book was kept—it was the porter's place to lock the office at night, and during the day the cheque books would be in my custody.
EDWARD TAYLOR . I am assistant to Mr. Wolf Taylor, of the Poultry—the prisoner came there on 11th June and purchased a suit of clothes for 2l. 2s.—he paid with a 5l. note—I am not able to identify the note.
FRANK KING . I am a clothier at Maidstone—on Saturday, 11th June, the prisoner purchased a silk umbrella and gave me in payment this 5l. note, No. 25,007—I wrote my name on it—the prisoner was wearing a new suit and I said it was a nice suit—he said he had purchased it at Wolfs in Cheapside the day before—I afterwards gave the note to Sergeant Hancock.
Cross-examined. The name of Henry Sharp is on the back of the note—the prisoner gave that name.
T. W. PORTER. I am in the service of Mr. Mears, jeweller, of High Street, Oamden Town—on 21st May the prisoner came and purchased a watch, chain and locket, these are them (produced)—he paid me with this 5l. note, 25001—I know it by the signature "Sharp, Camden Town," by the peculiar way in which it is written—I requested him to endorse the note and he did.
EDWARD HANCOCK (City Detective Sergeant). On Saturday, 12th June, I was at Maidstone—I saw Mr. King, he shewed me the 5l. note produced and made a statement to me—shortly afterwards I met the prisoner in a bye street there—I stopped him and said "What is your name?"—he said "Why?"—I said "Because a short time since you passed a 5l. note in the town and there is something about it"—he said "My name is Sharp"—I said "My name is Hancock, I am a detective officer from London and I shall charge you with uttering two forged cheques at a banker's in London"—he said "I know nothing about any forgery, I done no forgery"—I took him to the police office and was about to search him when he took a roll of notes from his pocket and said "They are my own property"—among them were two 5l. notes Nos. 25,009, and five dated 27th March, 1875, and five 10l. notes, Nos. 86,245 to 9 inclusive, dated 22nd January, 1875—I said "The charge against you will be for uttering a forged cheque on 19th May for 78l. 13s. and on 27th May a cheque for 60l. 11s. on Messrs, Barnett Hoare's, the bankers of London, the five 10l. notes that I have here were paid for the last cheque, and the two 5l. notes and the one Mr. King has were paid for the first cheque"—he made no answer to that—I found on him this watch, chain, and locket and a signet ring.
He also PLEADED GUILTY to a previous conviction in December, 1872, of larceny in the name of George Lewis, when he was sentenced to Eighteen Months' Imprisonment— Seven Years' Penal Servitude.
MR. GOODMAN conducted the Prosecution.
THOMAS HUNTER . I am a licensed victualler and keep the Grapes in Drury Lane—on 1st May the prisoner came there in company with a Mr. Barton and offered me this cheque and asked me to cash it for him—I bad never seen him before—I asked him if there were funds at the bank to meet it on Monday morning—he said certainly, or he should not have asked me to give him the money for it—I paid it in to my bankers on the Tuesday following and it was returned to me marked N.S.—I should not have cashed it for him unless I had believed he had. sufficient in the bank to meet it.
Cross-examined by the Prisoner. I saw you afterwards at Haiell's Hotel—you asked me to wait a few days which I did to enable you to meet the cheque, and afterwards I offered to take part of the money which you refused and used abusive language—I don't recollect your saying that you expected to meet Barton at my house on the 13th—you came with me from Haxell's Hotel—I afterwards took you to Bow Street—Barton was with me at the time, I said I was tired of waiting.
ANDREW EVERS . I was proprietor of the Coach and Horses in Compton Street—on 1st May the prisoner and another person came there—I had known the prisoner as a customer for tome time—he asked me to cash this cheque for him—I asked him if it was all right—he said yes, he had plenty of money there—I gave him the money for it—I paid the cheque in to my bankers and it was returned to me marked "Refer to drawer."
Cross-examined. You called on me afterwards and said you were sorry it had not been met.
WILLIAM HENRY VARNEY . I keep the Coach and Horses, 304, Strand—on the evening of 4th May prisoner came there in company with two other customers—he said he had come from Chester—he took a cheque-book out of his pocket and drew this cheque in my presence and gave it to me—I asked him a question and he said "It is all right, I have over 800l. at my bankers"—on those conditions I cashed it—I paid it in to my bankers and it was returned to me marked "Refer to drawer."
FREDERICK MORLEY HILL . I am accountant to the Birkbeck Bank—about February, 1874, the prisoner opened an account there with 80l. and in March, 1874, he paid in a further sum of 10l.—from that time he proceeded to draw out the money until it left 1l. 1s. 6d. in June, 1874—he has not paid anything since then.
Cross-examined. We should not allow you to overdraw your account—you have 1l. 1s. 6d. at present standing to your credit—I know nothing about your pass-book.
FREDERICK KERLEY . (Detective Sergeant E). I apprehended the prisoner on 10th June—I told him that I held a warrant for his apprehension for passing fictitious cheques—on taking him to the station I held him tightly with another officer—he asked to be let go, so that he might walk along—I said "No"—I bad an object in keeping him—at the station I found
this bottle of prussic acid in his pocket—I said "I heard that you had this in your pocket, and that you intended to take it if you were taken"—he said that he kept it to take in the morning after he had been taking too much over night—I found on him this cheque-book of the Birkbeck Bank, with one cheque made out for 5l., dated June 7th, 1875, and signed "J. R. Wrixon, M.D."—he is a doctor.
Cross-examined. I did not have the contents of the bottle analysed—you said it was prussic acid; I took your word for it.
Prisoner's Defence. My pass-book was never sent to me, and I had no idea that I had not sufficient to meet the cheques. When I found the cheques had been refused I asked for time, as I expected remittances.
GUILTY . He also
PLEADED GUILTY to having been convicted in February, 1863, at Reading, of forgery, and sentenced to Five Years' Penal Servitude— Seven Years' Penal Servitude.
NEW COURT.—Tuesday, July 13th) 1875.
Before Mr. Common Serjeant.
465. ISAAC CLARKE (35) , to unlawfully obtaining, by false pretences, from Her Majesty's Secretary of State for War, 46l. 3s. 2d., with intend to defraud— To enter into recognisances to appear and receive judgment when called upon. [Pleaded guilty: See original trial image.] And
466. HENRY JAMES (39) , to four indictments for stealing a sewing machine, a coat and other articles, a watch, two sheets, and a table-cloth, having been before convicted— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. GOODMAN, conducted the Prosecution; and MR. RIBTON Defended M'Carthy.
WILLIAM DAWS (Policeman E 343). On 13th June, about 9.50 at night, I was on duty at Seven Dials, and saw the prisoners and seven or eight others at the shutters of No. 9, Little White Lion street—I went up, and as soon as they saw me M'Carthy ran down the street; I pursued and caught him; he used foul language, and threatened that if he had a knife he would "knife" me—I took him back to the shutters, and there was a hole in them about a foot long—Howard took up some tools that were on the pavement and ran towards Seven Dials—I took M'Carthy into the shop and called the prosecutor, who came down and opened the door—I pointed to the hole in the shutter, and he showed me that there had been boards nailed inside, but they were gone.
Cross-examined by the prisoner Howard. You did not come up to M'Carthy and speak to him; you never came near.
DAVID POYNAISKE . I am a tinman, of 9, Little White Lion Street—I had a pair of pliers in my shop under the bench—there had been a hole in the shutter, just under the bench, and a piece of board was nailed over it; it was safe on Saturday evening when the shop was closed—I found it broken open on the Sunday evening—I made this wood chuck, and it was in my shop on the Saturday; it is used for moulding metal—the iron and steel found are mine; I value them at 1l.—the house is under the same roof as the
shop—I found these things in the area, in front of the window which was broken, having left them in the shop on the Saturday.
THE COURT considered that there was only a case of suspicion against the Prisoner.
NOT GUILTY .
MR. AUSTIN METCALFE conducted the Prosecution.
WILLIAM WALTER (Policeman K 113). On the evening of 11th July I was on duty in Queen Street, Ratcliff, about 10.15, and saw Thomas Bailey, who was drunk, just inside the Queen's Head public-house, and the two prisoners and another man with him—I stood outside and watched a few minutes, and then walked on a short distance—I then turned round, and the door was opened by the prisoners and the other man—the prosecutor came out, and they-struck him when he was on the doorstep and knocked him down, and one of them called out "Look out for the watch"—they then all ran away—this happened just inside the door—I followed the prisoners to the Ship public-house, 100 yards off, went in, and said "I want you"—they made no answer—I got assistance and took them in custody, but did not search the bar—I then went back to the prosecutor and found him inside the public-house door, with his face very much cut about—I received the watch (produced) from the landlord of the Ship.
ROBERT ATCHESON . I keep the Ship at Ratcliff Cross—the two prisoners came into my house and the constable close behind them—I saw them taken into custody, and ten minutes or a quarter of an hour afterwards I found this watch just in the corner where the constable took them.
Cross-examined by the prisoner Barton. I saw it picked up and it was given to me directly.
THOMAS BAILEY . I am potman at the White Hart—on 11th July I was very drunk and did not know what happened to me—I had not these marks about me before that—this is my watch; I missed it when I got sober and found my face cut—I had been out for the day—I am 22 years old.
Barton's Defence. I was in the King's Head and a young man shoved him in and ran. I ran out and they said "That man has got his watch."
BARTON was further charged with having been convicted at Clerkenwell in August, 1868, to which he PLEADED GUILTY.**— Ten Years' Penal Servitude.
DONOVAN— GUILTY — Eighteen Months' Imprisonment.
THIRD COURT.—Tuesday, July 13th, 1875.
Before Robert Malcolm Kerr, Esq.
MR. BRINDLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS HOPKINS . I live at 9, Crown Street, Hoston, and am a cabinet maker—at 12.30 on the morning 11th May I was walking through Hoxton Square—I was seized suddenly by two persons by the wrist and another tore my coat open and ran away with my watch and chain—the one that took my watch was tried here last Sessions—the prisoner knocked me down and kicked me in the head—I was cut on the mouth and there is a scar there
now and also on my hand where they jumped on it to get my ring off—I was laid up in bed for a week—my gold watch and chain were worth 40l.—I was picked up insensible after I was kicked on the head and taken to the station—I had known the prisoner two or three years—I gave information of the robbery to the police afterwards—I was afterwards taken to the Old Street police-station to see a number of men and I picked the prisoner out from amongst them—I knew him by the name of Cockey—he is the man who attacked me that night—they had been watching me for some two months.
Cross-examined. I should think it was six weeks after the robbery that I picked out the prisoner; it was since the last Sessions.
WILLIAM MILLER (Detective G). On the morning of 18th June I was in Brick Lane and saw the prisoner in company with two men whom I knew—I saw them go into the Three Cranes public-house—I obtained the assistance of Detective Cooper and went and took Lewis in custody, and said I should take him for picking a woman's pocket in the Whitechapel Road that morning—I got him in a cab and then told him I should take him to Old Street Police-station for robbery and knocking Mr. Hopkins down on 18th May and robbing him with other men—he made no answer—at the station he was placed with the other men and Mr. Hopkins came in and tapped him on the shoulder as soon as he came into the room-Lewis said it was not a fair identification as some of the men were older—I knew Lewis by the name of Cockey and that was the reason I took him into custody.
Five Years' Penal Servitude and Twenty-five Lashes with the Cat.
MR. BRINDLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
MAUD MARY CARMICHAEL . Hive at 17, Great Cambridge Street, Hackney Road—on 17th June I was walking down the Hackney Road, about 12.15, with Miss Pelham—the prisoner came in front of me and snatched my watch and chain, struck me in the chest, and ran away—it was rather a violent blow, and hurt me afterwards very much—I ran after him some distance, and then we went to the police-station and gave his description, and the next day I saw him at the station and picked him out directly from a number of men.
Cross-examined. I did not see any other men but the prisoner when my watch was taken—I don't know that another man was taken on this charge—there was a man named Charles Lewis charged before the Magistrate and committed for trial.
SARAH PELHAM . I was walking with Miss Carmichael in Hackney Road when a man came in front of us and stole Miss Carmichael's watch and chain—I turned quickly and saw the face of the man for a moment—I ran after him—Miss Carmichael fainted in the road, and there was a great crowd—the prisoner is the man, I knew him as soon as he came into the Court.
Cross-examined. When I recognised him he was at the police-court in the dock.
man enter—I took Lewis and the prisoner into custody—at the station I went out to fetch some witnesses in another case, and when I came back Miss Carmichael was there and Detective Cooper and he was being charged—I said, "Halloa, I did not think you were in this as well"—he said "You know I am not, you know it is Steely"—Lewis was charged with, receiving, and he was committed for trial for that—the barman at the public-house where I had seen the men enter was also taken into custody—he was confronted with Lewis at the station, and he made a statement—I had had some information, and had recovered the watch at that time.
Cross-examined. Short, the barman, was charged with receiving the watch—he was discharged by the Magistrate—Debuss and Lewis were both committed for trial on this charge—I don't know that the Grand Jury ignored the bill against Lewis.
GUILTY . He also PLEADED GUILTY to having been before convicted in, July, 1872.
ESTHER SMART . I am the wife of Charles Isaac Smart—on 8th. June, about 10.45 at night, I was walking down Leonard Street, with him—the prisoner came up and snatched away his chain—I caught hold of his coat, but he got away—I ran after him and tried to stop him, but somebody knocked me down; I was very much hurt, and have been in bed a fortnight through it—I swear the prisoner was the man who snatched the chain—I gave a description to the police, and when I was called to the station I saw a number of men and picked him out—we offered a reward.
CHARLES ISAAC SMART . I am the husband of the last witness—on the night of 8th June, I was walking along Leonard Street with her—I was surrounded by four or five men at the corner of a street, and a man came in front and snatched my chain from me—I saw he had his fingers hooked in the chain and he pulled so hard that he fell over on the pavement; I was going to strike him, but my wife was knocked down by somebody and he got away—at the station I found my watch in my pocket, my chain and a spade guinea were gone—I offered 30l. reward for the man and gave a description of him.
WILLIAM MILLER (Detective Officer G). On the way to the station with Debuss and Lewis in the cab I charged Debuss with knocking Mr. Smart (down in Leonard Street, and robbing him on 8th June, he made no reply-to was placed with sixteen others at the station, and was picked out by Mrs. Smart.
Witness for the Defence.
MARY HOOPER . I live at Swan Street, and" am a servant out of place on the night of 8th June, I was with the prisoner and his wife and my young man, Thomas James—he is not here—we were at the Cherry Tree Inn, in Kingsland Road, from 9 o'clock till 11.30—the prisoner never left the house during the whole of that time.
Cross-examined. Thomas James, is at work, and that is why he did not come here—I don't know where he works, he was-in my company on that night—I saw him last night and told him I was coming here—I know a man named Steely—I have not been living with him—I don't know that he has been charged here with burglary—I did not give evidence in an alibi, in the case of Steely—he was charged with something about a box at
Worship Street, but I never spoke for him—it is nearly ten months ago since I was in a situation—I get my living by washing and charing—I go out at night—at the time I was at the police-court, I was living at 2, Swan Street—I have known the woman for three years.
By THE COURT. The man Steely is somewhat like the prisoner—when I was in Court the first Saturday, I heard the prisoner say "Mr. Miller, and Mr. Cooper said in the cab It was not you I want for this, it is a young man named Steely' "
WILLIAM MILLER (re-called). I did not say that—when he was in the dock I said "I did not think you were in this"—I got the information about the watch from, some person—I don't know his name—I know Steely; he is not like the prisoner—I did not tell him in the cell I knew it was Steely—he is not the image of the prisoner—he is two inches taller, and a different complexion and dressed differently altogether.
GUILTY . He also PLEADED GUILTY to the former' conviction*— Seven Years' Penal Servitude, and twenty-five lashes with the cat.
MR. DALTON conducted the Prosecution; and MR. A. B. KELLY the Defence.
SOPHIA COLE . I am the prisoner's wife—we lived at 17 Dempspy Street—on Saturday evening, 5th June, we had been out together, and came home between 12 and 1 o'clock—we had been quarrelling before we went home, and we were quarrelling outside the door, but after we got inside the house we did not quarrel at all—I thought there was no necessity for a light as the moon was shining and I said so—he sat down two or three minutes on a chair—sometimes he has violent fits, when he is drunk—he was drunk—he jumped up all in a moment in a fit or something like that and lit the lamp—he took off the glass and the burner came off with it, and there were a lot of things on the table ready to go away—I blew it out—the window was open and the flare went in his face—he pushed me—I suppose he thought I had done it on purpose as we had been quarrelling before—I fell on the fender and before I got up he struck me with something on my forehead—I don't know what it was—I was senseless—he was drunk at 7.30 when he came from his place—I had had a drop—I did not strike him with the lamp—it was done in a second—we were not in the house five minutes before it was all over.
Cross-examined. He came home, between 7.30 and 8 o'clock, and said that he had a country job, and the master had given him 5s., and we went out and had some drink—I had too much myself and he was very drunk—he did not fall asleep on the floor beside me after it took place—he was looking out of the window and I got through his legs and ran down the stairs and he ran after me and bolted the door—he never does know what he is doing when he has had a drop—he is a very good husband in every respect and never struck me in his life before.
NOT GUILTY .
473. ARTHUR GRUBER (23) , Burglariously breaking and entering the dwelling-house of William Thompson, and stealing three spoons and one pair of sugar tongs, his goods, and one opera glass, the property of Alfred Lee.
MR. A. B. KELLY conducted the Prosecution.
morning of 3rd June, when I was aroused by the breaking of glass—I got out of bed and lighted a candle and went into the back kitchen to look—I saw something there and I left the caudle lighted on the bedroom table—I heard some one moving about in the commercial room, which is over my bed room—I did not get up then, because I thought it was my master—about a quarter of an hour after that I heard some one come downstairs, and the prisoner came and opened my bedroom door—I said "Who is there?"—he did not answer at first, and I asked again, and he said "All right," and closed the door and went upstairs—I got out of bed and put on my dress and followed him upstairs with the candle in my hand—when I got towards the top of the stairs he tried to frighten me back again—he had a lot of coats on his arm, and he shook them at me to frighten me back, but I did not go—he then threw the coats at me and put out the candle—I called for Mr. Thompson and the prisoner made his escape through the landing window—some trees had been moved from the landing window and the glass was broken; I had seen the prisoner at the house three weeks before, doing some whitewashing—he was there seven or eight hours, and he had his tea with me in the kitchen—I have no doubt that he is the man that entered my door—I was sent for to the Snow Hill police-station on 4th of June and picked the prisoner out from a number of men there—the light that I had was sufficient to enable me to see a person distinctly, and I recognised his voice too.
WILLIAM THOMPSON . I am the proprietor of this hotel—on Wednesday night, 2nd June, when I went up to bed, I noticed that the landing window was closed, and there were some trees in pots both inside and outside the window in the usual order; that was about 12 o'clock—I heard a noise of glass breaking about 2 o'clock, and after that I seem to have dozed—I thought it was the cat had knocked the flower pots through the window—afterwards I heard some one calling "Master, master," repeatedly—I came out of my room and went downstairs and saw that the flower pots had been removed from the window on to a ledge outside—I saw some coats and cloaks and shawls on the stairs and landing leading from the ground floor to the basement—some were my own, and some belonged to gentlemen in the house—I missed a pair of sugar tongs and a spoon which I had used the evening before, and which had been left on the table in the commercial room—I had seen the prisoner at work at my house three weeks before; I did not see him that morning.
SAMUEL LYTHEL (City Detective). I went to 37, Verulam Street, Gray's Inn Road, on the morning of 4th June, with another officer, and saw the prisoner—I told him we were officers and we should take him for stealing spoons, &c, of Mr. Thompson, of Thavie's Inn—he asked when it was—I said "Yesterday morning at 12 o'clock"—he said "I was at home in bed at that time"—I took him to Snow Hill police-station, and he was placed with thirteen other men—Simcox was sent for and identified him without any hesitation whatever—the prisoner said he had been at work for Mr. Morgan, a carman, in Hatton Garden, the day before—I said "I believe you were at work at this house?"—he said "I was there about three weeks or a month ago, whitewashing, and that is how she knows me."
Prisoner's Statement before the Magistrate: "On Wednesday morning I went to Mrs. Steel, 11, Eagle Street. She asked me if I would remove some furniture from Spa Road, Bermondsey, to 11, Eagle Street, It took; me from 11 o'clock till nearly four o'clock to pack the goods up. Against
I got home and unloaded the goods it was 6 o'clock. She paid me 10s. and 2s. 6d. I took the van home to the carman and paid him the 10s. Then it was about 8.30. When I had done on Wednesday night I went home to my mother's. I had my supper a little after 9 o'clock and never went out till the officer came in the morning."
Prisoner's Defence. I know no more about the robbery than you do. I have my mother and sister to call.
Witnesses for the Defence.
MARY ANN GRUBER . I am the prisoner's mother—I recollect the officer coming to my house on the Thursday morning as the robbery took place on the Wednesday night—my son never went out from the time he came home—he had his supper and we went down and sat at the door—I said "I will go to bed"—I went upstairs, but I was not in bed when my son came up; I got in bed afterwards—he never went away from the door, and he was not away from the time he came home—I saw him in bed.
Cross-examined. I am speaking of the Wednesday night as he went to remove the furniture; it was the 2nd—as far as I can remember it was about 11 o'clock or a little after that he went to bed—I went a few minutes before him, and he came up—he slept in the same room—I made up a little temporary bed for him—he had slept there the night before, and before that he had been at his brother's—I had been at work that day, and I did not lay awake all night—my son was there in the morning at 6 o'clock when I got up—I can't say how long I laid awake that night—it was the second floor front room where we slept—I told the officers where he had been at work.
Cross-examined. I went to bed at 11.30, the same time as my mother—my brother came up soon after—me and my mother and sister sleep together—we all went to bed at one time—I woke at 7.30 in the morning; my brother had just got up then.
NOT GUILTY .
MR. MILLWOOD conducted the Prosecution.
WILLIAM THOMAS TAYLOR . I am in the service of Alfred Ewins, 25, Columbia Road, dealer in old building materials—on 21st June I fastened up the premises securely when I went to bed—I was called up by the police just before 4 o'clock in the morning, the prisoner was in their custody—I found the office window had been forced, and the door was open—I missed some gas pipe and some metal taps.
ROBERT MCKENZIE (Policeman H 240). About 4 o'clock on the morning 22nd June, I saw the prisoner coming out of the gateway at the back of 25, Columbia Road—I had suspicion, and followed him—I caught him after about a quarter of a mile, and brought him back—I called up Taylor, and from what he said I took the prisoner to the station—I afterwards went back, and found the window had been forced by moving the catch with some instrument—the till and the door inside were broken open—in the
yard I found a sack containing about 56 lbs. of lead and metal—piping, three hammers, four taps, and two unions.
Prisoner. I was never inside the place.
W. T. TAYLOR (re-called). These things were in the office the night before.
ALFRED EWINS . I am a building material dealer, and live at King Edward's Road—I was called up by Taylor—I found the place had been broken open as described—I missed the metal taps and hammers, which were afterwards found in the sack—the prisoner had worked—for me, on and off, for some time—the value of the things is 2l. 10s.
RICHARD FISHER . I am a watchman and live at 87, Wellington Road—about 3.30 on the morning of 22nd June I was in Columbia Road, and saw three men loitering about, soon after that I heard a whistle and I saw the three men run from the corner of Columbia Road where the prosecutors premises are—when I got to the gates I heard a noise, and stopped a minute and the prisoner came out—I heard him unbolt the gates—I stopped there a minute, and he shook very much—he asked me the time, and it was 3.35—I saw a constable go in pursuit, and I left and went to my business.
Prisoner's Defence. I am innocent. I was never inside the gate at all.
GUILTY . He also PLEADED GUILTY to having been before convicted in May, 1870**— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, July 14th, 1875.
Before Mr. Justice Denman.
In the case of ELIZABETH HILLIER charged with the wilful murder of her child the Jury on the evidence of Mr. John Rowland Gibson, surgeon, of Newgate, found the prisoner insane and unfit to plead. Ordered to be detained until Her Majesty's pleasure be known.
MR. RIBTON conducted the Prosecution.
REUBEN STAGG (Policeman D 379). On 22nd June, about 5.50, I was on duty at Thames Bank near the distillery in Grosvenor Road—I observed the prisoner loitering about for full half an hour—she had a child in her arms—she came and placed herself near the steps leading down to the river—I asked her if she was going to drown herself—she said "I am," and she ran by me and threw herself into the water with the child in her arms—the witness Black who stood close by me immediately jumped into the water and with great difficulty succeeded in saving both the mother and child; there was a strong current at the time—the child was quite exhausted when it was taken out; it was in the water two or three minutes—it was taken to, the workhouse and is there now—it is about twelve months old—I found on the prisoner a letter for the Belgrave hospital—she said that she was going to try to get the child in on the following Thursday—the child is a female; it is a very sickly child, very sore round the nose and eyes, suffering from some disease—it had a starved look—the prisoner told the Magistrate that she had tried to get the child in the hospital but was too late—she said she was determined to destroy the life
of the child and she would do it again directly she came out of prison—she said that when she was taken out of the water, and when she was in the dock at the station.
Prisoner. I did not say such a thing.
Witness. I am sure she did—I did not hear her say that she was very unhappy in her mind.
GEORGE BLACK . I am a cabdriver and live at 18, Johnson's Place—I was passing Thames Bank on this evening and saw the prisoner jump into the water with the child in her arms—I immediately jumped in with all my clothes on and swam out and brought the woman in with the child, with the assistance of a man in a boat—the child was in a very exhausted state; the prisoner held it very tight in her arms, I had very great difficulty in getting it out of her arms in the water—it was about twenty or thirty feet deep there—I did not ask her any questions, I was too eager to get home to change my clothes—the tide was running, very strong, at the rate of five miles an hour—I don't think there is another man in London who could have done it with all his clothes on, I had to swim a considerable distance, but thank God I am a pretty good swimmer. (The Court directed a reward of 5l. to be paid to this witness.)
ANTHONY BENNETT . I live at 6, Stanley Street, Battersea—I was passing on this evening—I saw the prisoner and called out to her not to get so close to the edge or she would drown herself—the more I hallooed the quicker she ran down the stairs and she threw herself right in the water—I saw Black jump into the water and I jumped into a boat—the man was near drowning with the woman—I got the child out of the water and released him of the woman and got her in the boat and brought her ashore—I asked her what she was going to do—she said she was a going to drown herself and the child.
The Prisoner's statement before the Magistrate: "It was through great distress I done it. I went to get the child into the hospital, I was too late, I walked about. I had no place to go to nor any means of getting a meal's victuals. I sold my apron for 2d. to get some food."
Prisoner's Defence. I sold the apron to get some drink for the child. I did not know where to go to. I was in such a state of mind I did not know what I was doing, and all of a moment I threw myself in.
Recommended to mercy by the Jury.— Six Weeks' Imprisonment.
MR. LILLEY conducted the Prosecution; and MR. THORNE COLE the Defence.
ELIZABETH MCNALLY . I live with my husband at 42, Northampton row—the prisoner and his wife lodged in the same house—on 4th July, I went out at 1.30 leaving my baby of thirteen months old at home, and I returned about 3 o'clock—I took the baby from the bed and fed him—I then went into the prisoners' room carrying the baby in my arms at the breast—my husband followed me in, some words of quarrel took place between the prisoner and his wife about the dinner not being ready, his wife took up a glass of beer and threw it it in his face, using very aggravating language—he went to hit her with his fist—my husband said "Don't hit her," and he sat down on the bedside—when she threw the beer in his face he got up and took the poker; I did not see him take hold of it, but he got up and I saw it when it was in my baby's forehead; I saw him
throw, but I did not see what he had got in his hand—I could not pull it out of the baby's forehead; I asked my husband to—I fainted and did not see the child till the Tuesday after.
Cross-examined. The prisoners wife was very aggravating to him, she commenced the quarrel—I told her to be quiet, but she would not—it is a small room; the bed is near the fireplace—I went into the room about 3.5 and this occurred about 3.30—I was there about five minutes before my husband and the prisoner came in.
By THE COURT. The baby was in my arms at the breast at the time the poker struck it—I was standing just behind the prisoners' wife, close by the door.
HENRY JOHN MCNALLY . I am a writing case maker—on 4th July, I was with my wife in the prisoner's room, his wife was aggravating him very much, he went to strike her because she threw a glass of beer in his face—I said to him "Fred, sit down"—he said "I will Harry," she again aggravated him very much, and he took up the poker and threw at her; I know it was not intended for my boy—when I turned round to see where the poker had gone it was in my boy's head—I pulled it out and went with the child to the hospital; it died within five minutes after it was there—I can certainly say that it was through the wife's aggravation that he threw the poker.
Cross-examined. She was more to blame than him, she was very aggravating indeed—he said he did not want any row—he was sitting on the bed very close to the fireplace—I did not actually see him throw the poker, I saw him stoop, and as soon as he stooped the poker was picked up and gone in a minute—they were quite sober—he has lived there about six weeks; he is a very quiet peaceable well disposed man—he has expressed the deepest sorrow for this unfortunate affair.
DAVID MCMULLEN (Policeman G 190). I took the prisoner into custody—I charged him with causing the death of the child—he said "I done it, I can't deny it"—I found this poker in the room close by the fireplace.
The Prisoners' Statement before the Magistrate: "When I went home to dinner my wife began jawing me because I did not come home early—I sat down in a chair, she kept on at me—I told her I did not want any row; I wanted my dinner—as I was sitting down she threw a glass of beer in my face—in the heat of my passion, I was sitting near the fireplace, I took up the poker and threw it at her; it unfortunately hit the child—when I saw what I had done I asked one of the lodgers to send for a doctor and a policeman—I am very sorry for what I have done.
GUILTY. Strongly recommended to mercy by the Jury from the provocation he received. — Three Months' Imprisonment.
MESSRS. POLAND and MEAD conducted the Prosecution; and MESSRS. STRAIGHT and J. P. GRAIN the Defence.
ROBERT CLAPP (Policeman K 519). At 2 o'clock in the morning of the 2nd June I was on duty near Mr. Wilford's premises in Copperfield Road, Bow—I heard the forcing of a warehouse door, I went towards the factory and saw a light in the office; I looked through the window—it was a common candle burning—I stayed looking in at the window from one to two minutes—I saw the prisoner and another man inside—I had seen the, prisoner before.
By THE COURT. I had seen him either in 1870 or 1871, at the time he worked for a gentleman named Ancle—I saw him on several occasions, so that I knew his appearance—I was on that beat—I may say that I saw him more than twelve times.
By MR. MEAD. After I had looked through the window I went round the back on to the towing path of the Regent's Canal, and saw that they had forced the wicket gate open—I went through the gate and went into the factory—the light had then been blown out—when looking through the window I noticed that the prisoner was wearing a cheese-cutter cap, the other man was wearing a billy-cock—I went right through the full length of the factory into the office where the two men were—a scuffle ensued between me and the prisoner, I got hold of him, I could see him by the daylight through the window, it was getting towards daylight; he tried to get away from me—I struck him across the left arm with my truncheon and my truncheon broke in two—as soon as it was broken the prisoner said to the other man, "His truncheon is broken, land him one, settle the b----, and leave him to it"—I was instantly struck on the head with the jemmy that I produce, and was knocked down insensible—when I recovered the men were gone—I then made a search in the office and over the factory, I found this cheese-cutter cap on the floor just inside the office door, also the jemmy,—it was left just by my side—I then went and called up Mr. Smith the foreman, he lives at 49, Copperfield Road, not many doors from the factory—I then examined the place to see how it had been entered; it was done by forcing the bottom part of the wicket door at the back of the factory—I compared the jemmy with the marks and they corresponded; there were two marks—on 4th June, I went with Howlett to the ware-house about 10 a.m., and saw the prisoner there among several other men—I pointed him out as the man I had struck across the left arm with my truncheon on the Wednesday morning—he said, "You are mistaken, I have got the rheumatics in my arm"—he was wearing a cheese-cutter cap, which I produce, it is a newer one of the same sort as the other—he took off his coat, and he had a blister on his arm, in about that part where I had struck him—I struck him above the elbow on the fleshy part—he was taken into custody—from something I was told, I afterwards went to the saw mills next door to the factory, I saw a man there, but I would not be positive that he really was the other man, I had a doubt.
Cross-examined. I have not made inquiry where the second cap was purchased, inspector Wildey has—the prisoner told me at the police-court, at the last examination, that he bought it in a shop in the City Road, but I can't say when or where; this occurred at 2 o'clock in the morning—it was the break of day, twilight; it was a bright morning, the element was clear—the candle was put out when I entered the factory—I say that I knew the prisoner before, in 1870 and 1871, somewhere about that time—I was not asked questions about that at the police-court by the prisoner's attorney—I don't believe I was asked whether I knew him before—I did not say then that I had seen him twelve times in 1870 or 1871—when I went to identify him, there were six or seven other men there—he was the only one wearing a peaked cap—I had seen nothing of him between 1871 and the robbery—he said that he was suffering from rheumatics, and I was mistaken, that he was not the man.
—as soon as we entered the factory Clapp pointed out the prisoner, saying, "That is the man I struck on Wednesday morning"—I said, "Are you sure?"—he said, "I am positive"—the prisoner heard it, we were both standing close in front of him—I then told him that I should take him into custody—he said, "I suppose he has identified me because I wear a cheese-cutter cap," adding, "you are mistaken"—Clapp said, "I am positive you are. the man"—I then took him to the station—he was wearing this cheese-cutter cap—on that same day he was in the passage of the police-court, and he said to me, "If you go to the saw mills, next door to the factory, you will find some iron corresponding with that"—I had this jemmy in my hand at the time—I said, "How do you know that?"—he said, "I believe that was made there, and if you take that constable there he might see some one that he knows, but I suppose I am to suffer for all"—I went to the saw mills and saw some pieces of iron there, but nothing corresponding with this—there was a smith's shop there—Clapp went with me—the prisoner was at work at the factory, not at the saw mills.
Cross-examined. I went with the inspector to make inquiries as to the cap the prisoner was wearing—he gave an address where he bought it; I forget the name of the street now—it was a street leading out of the City Road; it was the same street that he said—he did not say when he had bought it—I took the cap with me.
HENRY VINCENT GARLAND . I am a M.R.C.S. at Kent House, Bow, and am divisional surgeon to the police—on the morning of 2nd June, about 3 o'clock, I examined Clapp—I found a contused and punctured wound on the forehead, about mid-way between the temporal bone and the middle of the skull—this jemmy would be a most likely instrument to have-caused it; it was cut to the bone—it was a blow that would be likely to produce insensibility for a time—he is still under my care—On 11th June I examined the prisoner's left arm at the Magistrate's request—I found a surface that had evidently been previously a blister; it was above the elbow, about the size of a crown piece—it had been produced by some irritating substance, such as strong ammonia or cantharides—repeated applications of iodine would in my opinion produce suoh an appearance, repeated at short intervals—previous to a blister forming there would be a yellow stain; the blister would take away the yellow—I have heard the blow described by Clapp—my impression is that a bruise would not exist; the staff having broken, would break the force of the blow on the arm, and I should not expect, under those circumstances, to find a bruise, however hard the blow—I did not find any bruise on the arm.
Cross-examined. I did not examine anything but the arm; I only found a blister from some irritating substance—he made no complaint to me of his arm being sprained—I held no conversation with him at all—other things besides iodine would bring up a blister; cantharides powder or strong ammonia would do so, or any irritating oil.
JAMES HOWLETT (re-examined by THE COURT). Before the prisoner made the remark that Clapp was swearing to him because he had the cheese-cutter cap, this cap had been found—that fact might have been mentioned, but not on the part of the police; they all knew in the factory, no doubt, that such a thing had been found.
ROBERT CLAPP (re-examined.) I left the cap at the office at the time I found it; I have not the least doubt that the foreman might have mentioned its being found, because when I called him up he saw the cap.
ROBERT HOWLETT . I am a surgeon, of 493, Commercial Road—on Friday, 4th June, I examined the prisoner's left arm at the request of the Magistrate—I found an appearance about the size of a crown piece; that might have been produced in various ways, by hartshorn, cantharides, iodine, or by heat—I did not find any trace of a bruise; if there had been a bruise I do not think this would have taken away any appearance of it—a blister might do it partly, not wholly—I think a bruise would be visible under the blister—iodine is frequently used for rheumatism—rheumatism does not show itself except in old and inveterate cases—there may be pains in all parts of the arm from rheumatism.
Cross-examined. I said before the Magistrate that it could not be pro-duced by a blow from a cold instrument; I meant that if it was caused by an instrument it must have been burnt.
JOHN LLOYD (Detective K). I searched the prisoner on 4th June when he was taken into custody in the factory—I found on him this bottle of odine; I asked him what it was for—he said it was what he bought at the octor's for dressing his arm—I said "From this doctor, William Fox?" read-ing the label—he then seemed confused, and said "I beg pardon, this is what the woman upstairs gave me; let me go and give it to her, it is no good now"—I said "No," putting it then into his pocket—I said "You will have to come to the station"—he was then conveyed to the station, and I there took it from his pocket again—I afterwards went to the factory and made a search and found some iron; I produce a portion of iron—it is the same substance as that which this jemmy is made of; it had been taken from the engine-room—I found it upstairs, behind a machine—the smiths had been there at work, and there were several pieces of iron lying about.
Cross-examined. I was at the police court—T heard a woman called who spoke as to this bottle of iodine—she was not sworn; she did not give evidence.
CHARLES WEIGAND . I am clerk to Mr. Wilford and am employed at the factory in Copperfield Road—on Tuesday night, 1st June, I left the premises a little earlier than usual, before the other men; I did not lock up—I left 14s. 6d. in the cash-box—next morning the money was gone—the cash-box was always kept in the safe, but that night it was left out—on the morning of 2nd June the prisoner came to his work in the ordinary way—between 10 and 12 o'clock he came to me and asked me for some money to go to the City—he was the engineer—we are paper manufacturers and general merchants—I said "I cannot give you any money; it is all gone"—he had been in the habit of coming to me for money, not for things for the factory, but for his private use—I had given him money before, I kept it in the cash-box—I saw him again between 3 and 4 o'clock—he had then come back from the City with some lead, and he said he had sprained his finger by carrying it; he did not say anything about his arm at that time—afterwards, towards the time he was going home, he said that he had rheumatism in his arm, and if it was not better in the morning he would not be able to come—he did not come to work next day; he did on the Friday.
Cross-examined. He had not been with us so long as three or four months—I don't know where he came from—he did go to the City on this day to get some lead, which he brought back—he said on the Wednesday evening that he had a very dreadful rheumatism in his arm.
Re-examined. He had not complained before to me, or been away from
his work before—he was at work for us from April till the beginning of June.
By THE COURT. I was told that a cap had been found when I came on the morning of the 2nd, the foreman told me there had been a robbery and that a cap had been found—I don't think it was known to everybody about, I did not say anything to anybody, the policeman came and took it away—the prisoner wore a cap of that sort when he was taken into custody, he always wore a cheese-cutter cup; he was the only man on the premises that wore that sort of cap; I am sure of that—we had about six or seven men—there was no other man in the engine room, the prisoner was the engineer and worked the engine, he had no man under him, he did it all himself, he was in charge of the engine.
JOSEPH SCHMIDT . I am foreman to Mr. Ludwig Wilford. and live at 49, Copperfield Road—on the night of, 1st June I locked up the factory—the wicket door was safe—I don't know about the cash-book—after 2 o'clock in the morning I was aroused by the constable Clapp knocking at my door; his head was bleeding and all his face was blood—I went with him to the factory and made a search—I saw the wicket door and compared the jemmy with the marks; about two or three attempts had been made—I found two office doors broken also and the cash-box was turned up on the desk and was empty—I recollect the prisoner coming to work that morning, I opened the door 1 to him and said "Come in, I will show you something new, it was broken in last night here," and I showed him the two office doors—he was the first there—my boy was there—the prisoner said "I dreamt there was something wrong in the factory, I could not sleep after two o'clock"—the prisoner wore this sort of cap, a cheese-cutter; no other man wore one.
Cross-examined. I saw him come in' on the Tuesday morning—I opened the door for him and let him in; he had then got on a cheese-cutter cap; he also had a cheese-cutter cap that he worked in in the engine room; he had two caps, a better one that he kept at home and an old one that he kept in the engine room—I showed that to the policeman Clapp that morning, I don't know what became of it, after the prisoner was locked up it was gone, it was the same sort of cap as this with a cheese-cutter peak and a brass button at the side—I showed the prisoner the various places that had been broken open when he came in the morning—I showed them to the other men when they came—I also showed them the cap—I did not tell Clapp when I showed him the cap that all the men were at work but one, I did not say there was one man away; he asked me for the men on Thursday and he comes in and says "That is the man"—I had not before that told him that all the men were there, except one; I never told him that—before the prisoner made the observation about dreaming, he had seen that the office was broken open.
RICHARD WILDEY (Police Inspector). I have examined the two caps produced and have measured them across and length ways with a string; outside they appear just the same size, but inside there is a difference of not quite half an inch.
The following witnesses were called for like Defence.
CHRISTIANA BAKES . I live at 15, Nelson Street, City Road—I have lived with the prisoner as his wife for six years—all that time he has been a hard working, industrious man—I remember his being taken into custody on this charge on the Friday morning—on the Monday before that he was at work and came home that night at 8 o'clock—he and I slept in the same bed and
two children—he went to bed between 9 and 10 that Monday night—he did not get up or go out at any time during the night; I am quite sure of that—six weeks before this occurred he had been complaining of rheumatics in the arm—I know Mrs. Stent—I saw the prisoner in possession of this bottle on the Wednesday night before he was taken when he came home, I used some of it on the muscle of his left arm on the Wednesday night, I put it on with my finger and rubbed it in, I had no brush to put it on with; he had been using it before this occurred, Mrs. Stent had given it to him—he complained to me on the Wednesday night of his arm being worse, he said he had had to fetch a piece of lead from Bishopsgate Church and he had got to Whitechapel Church before he could get any conveyance and that had caused a sprain or made his arm worse—there was a stain on his arm a fortnight before that where he first used the iodine down at the factory, it was a yellow mark—I used the iodine again on the Thursday morning and on Thursday night I gave him some horse oil to rub in; I don't know what was in it, but it caused the blisters—that was on the Thursday before the robbery; no, the Thursday after the robbery, the 3rd of June—I used the iodine first on Wednesday, the 2nd—I know that he had been using it some time before; I had not seen it, he used it at the factory; I had seen the mark on his arm, the yellow—he was in great pain on the Thursday, and it was then that the horse oil was used—I slept with him on the Monday night, I did not miss him from the bed at any time during the night; if he had got out of bed I certainly must have missed him—he slept at home on the Tuesday night, he went to bed between 9 and 10 o'clock and he never went out from the time he came home till he went to work on the Wednesday morning.
Cross-examined. The first time I actually saw the iodine used was on the Wednesday night after the robbery, I used it myself on his arm; he complained of very great pain; I only used it twice, once on the Wednesday night, and once on the Thursday morning—I used a good deal on the Wednesday night—I did not use it anywhere but on the arm—on the Thursday morning I used it again slightly, at the same place—he did not go to his work on the Thursday—on the Thursday night I put on the horse oil; it still pained him very much—I rubbed it in well, and wrapped it up in flannel; exactly in the same place, and nowhere else—I had not seen any stuff in his possession before the Wednesday night; but when he came here a fortnight before, his arm was coloured, and he said he had used some stuff at the factory—I went to bed between 11 and 12 o'clock on the Tuesday night—I work in the same line as the prisoner, the card-board line; he is the engineer at the cardboard factory; I dont work there, I work in Thames Street, my hours are from 9 o'clock sometimes till 6 o'clock at night—I attend to my household duties, and the children—I go to bed very tired—the prisoner went to bed before me that night—he usually went to bed at the same time; he went to bed between 9 and 10 o'clock that night—I said before the Magistrate that I saw him get out of bed between 5 and 6 o'clock on the Wednesday morning, he was walking about the room because of his arm being so bad—I did not get any rest at all on account of his arm—he got out of bed between 5 and 6 o'clock to go to his work on the Wednesday—I had been asleep all night.
Re-examined. He was obliged to get up early to go to his work, he had about one hour and five minutes walk to get there, and he had to get there at 7 o'clock—if he had got out of bed in the night, dressed, and gone out,
I must have heard him—our room is the upstairs back-room, we occupy the downstairs and the upstairs back—an old lady lives in the parlour, and the person in the first-floor, Mrs. Stonor, is here—the street door has a bolt and latch, I don't think it is locked any night.
By THE COURT. On the Thursday night I rubbed the horse oil on the same place, where the iodine had previously been, and. when he called. Me in the morning his arm was nothing but blisters, it was like a burn, the oil rose such blisters the iodine did not cause any blistering, the oil took off all the marks of the iodine, you could not see any marks of the iodine any longer.
MARTHA STENT . I am married, and live at 9, Braemar Street, Green Street, Bethnal Green—I work at the same place as the prisoner—I re member his being taken into custody—three weeks before that he com plained to me of rheumatism, and I gave him some iodine paint, that was the Tuesday fortnight before he was arrested—this is the bottle I gave him, Fox's—I have seen him use stuff from that bottle on his arm at the factory—I saw him use it on the day I gave it to him.
Cross-examined. I only saw him use it on that day, that was in the engine-room—I do not work there, I work upstairs, but we have to pass that room very often—he brought it up to me, and showed me how it had stained his arm; it was on the muscle of his left arm.
By THE COURT. He told me it had eased him, or he thought it did; that was on the same day I had given it to him—he did not tell me after wards what effect it had had, I did not see him much afterwards—I was there every day—the bottle was rather more than half-full when I gave it to him—I bought it at Fox's in Bethnal Green Road—I did not lodge at the same place as the prisoner, I only-knew him by working at the factory, and by working at Mr. Ancle's factory four years ago.
ROBERT WAITE . I live at 33, Nelson Street, and am a black-coachman—I drive funeral carriages—I have known the prisoner about twelve months—I heard of his being taken into custody—he has complained to me of rheumatism, it was the last Sunday in May to the best of my recollection, I met him in the Nelson public-house, and he said he had got the rheumatics very bad in his arm—I said, "Well, Tom, I am going to make up some oils, and I will give you some"—I was making my horse oils, and I gave him some on the Thursday evening—it was pretty strong oil, I could blister a horse with it in twenty minutes—he appeared to be in pain on the Sunday.
Cross-examined. I recommended the oil for the rheumatism, not as stuff that would make a blister, it won't blister a human being unless you drop it in flannel, but it will a horse; it takes about twenty minutes or half an hour to take the hair off a horse—I never tried it on a man's skin—I don't recollect the prisoner telling me on the Thursday that he supposed, in carrying some lead, he had ricked his arm—yes, I recollect he did say so.
Re-examined. He told me he was using iodine, I think that was on the Sunday, but I won't be certain.
CHRISTOPHER KIRWIN . I live at 52, Clarendon Street—I have been sixteen years in the employ of the London and North-Western Railway Company as a passenger guard—the prisoner is my brother—he has always borne the character of an honest, respectable, well-conducted man—there was never any charge or suspicion against him before this—he was in the employ of the London and North-Western twice; he was about six weeks
at Euston Square before he went to Mr. Wilford's—the bottom of a boiler at Camden Town got burst, and he had to leave in consequence—there was no charge of dishonesty—he has been at sea—he has always conducted himself well.
Cross-examined. He is not an engineer by trade, he is a self-taught engineer or handy man—he has been accustomed to attend to engines.
Three other—witnesseses deposed to the prisoner's good character.
One of the Jury upon examining the caps produced stated that there was a difference of three sizes between them, and that both would not fit the same person. He went into the dock and tried both caps on the prisoner, and then stated that the cap found in the office was not large enough for him.
After being locked up for three hours the Jury being unable to agree were discharged without giving any verdict, and the case was postponed until the following Session.
NEW COURT.—Wednesday, July 14th, 1875.
Before Mr. Baron Amphlett.
MR. LILLET conducted the Prosecution; and MR. W. SLEIGH the Defence.
After the commencement of the case Mr. W. Sleigh stated that he should not be able to resist a verdict of
GUILTY, the death having been no doubt caused by the prisoners' violence in a scuffle.
The Prisoners received good characters, and having in the hearing of the Jury stated that they desired to
PLEAD GUILTY the Jury found them
Twelve Months' Imprisonment each.
NOT GUILTY .
THIRD COURT.—Wednesday, July 14th, 1875.
Before Mr. Common Serjeant.
MESSRS. STRAIGHT and J. P. GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY THOMAS BATTCOCK . I served my time with an auctioneer in the country and subsequently I was engaged in the office of Mr. Marsh, the auctioneer—in October last I was desirous of finding a business for myself and communicated with my solicitors, Messrs. Harper and Battcock, for that purpose—a few days before 20th October I received a communication from them and went to the defendant's premises 127, Edgware Road—I said my brother had told me that he was desirous of getting a partner and I had called upon him to learn a few particulars of the business—he entered into a general detail of what he had been doing for the last ten months—he said he had been carrying on business as a house and estate
agent and house decorator and he had made about 700l. or 800l. during that'-time I understood him to say, and he then introduced this book (pro duced) and said all the entries of money was commission that he had made and which made up the 700l. or 800l. which he had made during the year—he said where the entries were marked across that was the commission he had received—I did not examine the book carefully—I just went through it—the entries are crossed some with the word "Let" and some "Sold" and "Com" with the amounts—I did) not examine any of those entries in detail on that occasion—he told me that one of the reasons for taking a partner was that he had taken an hotel at Gravesend and he wanted to devote attention to that and wanted somebody to look after the business—I said I would see my brother about it and see him again—I saw my brother and went with him on 20th October—my brother was spokesman on that occasion—the book was again produced by the defendant—my brother took down on a piece of paper the amounts that were in the book as they were read out by the defendant—my brother was taking them from the book, and he said he would call them out—he said the entries were the commission that he had received—we then went away and I wrote this letter to him the same afternoon—I can't say whether this is the original or a copy; of course I took a copy of the letter that I wrote—I received this letter from Marshall in reply: "Dear Sir,—Your letter of yesterday's; date came duly to hand. In reply I beg to state that I accept your offer on the terms, but on condition that the same be completed forthwith. You; know my reason for making this condition, namely, that I want some one here as soon as possible. In going over my books you must please not forget that the twelvemonths is not up till the middle of December, and therefore the business is really more* than you think. With regard to references you don't state what you require to know, but as you have seen everything else I presume you refer to respectability, and therefore mention Mr. A. Brown, 88, Edgware Road, who has known me about fifteen years and also my landlord, but I could not see him to-day, and of course must ask before giving his name. There is nothing to prevent your preparing the necessary deeds, as you will find everything so straightforward that you cannot be otherwise than satisfied. I am faithfully yours, George Marshall." On receiving that letter I communicated with my solicitors and on 29th October I went to his office and gave him a cheque for 100l. which has been paid—on 4th November we met at the solicitor's office and a deed of partnership was drawn up, which was signed and 300l. was paid by my solicitors on my behalf—I personally made inquiries from Mrs. Stoffell and Mr. Ward, there being those entries in the books—I also went to Mr. Hanscomb and Miss Grabham, Miss Skinner and Mrs. Davey—in consequence of the information I there gathered I communicated with my solicitors—I told them what had happened and left the matter since then entirely in their hands—I was induced to pay the 400l. on account of the commission that he said he had earned during the ten months; the profits he had made, but more especially the commission—I knew more about that than I did about house decorating, as I know nothing about that.
Cross-examined. I said before the Magistrates "Believing the defendant's' representation that he had made at the rate of 700l. or 800l. by the business in which I subsequently became a partner I parted with my money—that was the reason certainly—I attended on the second occasion with my brother who is a lawyer—we saw some other books besides the one'
which has been produced—I saw some books with counterfoils—this is an ordinary auctioneer's book with cards to view; the names of the places and so forth would be on the counterfoils and tickets are torn out and given to the persons desiring to view—I kept a book like that myself during the two months I was there—I. saw this book at the time, some of it is in my writing—it is a full book of counterfoils of people who came to do business at the premises, to view houses wo had to let, and which were on the boobs—it is the custom with house agents and auctioneers for people who have businesses to let or sell, to place their business or premises on two or three auctioneer's books at the same time, so that the same things that were on our books may have been on two or three other house agents' books at the same time, and whoever lets first gets the commission—I have not had any notice to produce a document of arrangement entered into between me and the defendant, subsequently to my leaving the business—I don't know that, my attorney has—I don't know anything about it—I can't say that any agreement was entered into between us—I don't know anything about. it—I left it entirely in my solicitors' hands; they knew how to settle it better than I did—an arrangement was not made at my suggestion that the partnership was to be dissolved and a portion of the money paid to me—I never gave my solicitors any such instructions—I can't say what. was done about it—no arrangement was made that I know of—Mr. Marshall never attempted to remove the book, which he first showed me, from the office, during our partnership—he left it there for me to have free access to it, and to do what I liked with—I took the book away subsequently, when I. found out this—some actions were brought in the country in which. Mr. Marshall was the plaintiff—I did not refuse to return the book to carry on the suits—I had not got the book, my solicitors had it—I. took the book away under their instructions and gave it to them—when I went into partnership the defendant had a banking account at the City Bank—my solicitors had possession of the leases of the premises as well as the book—they were with the solicitors from the commencement of the partnership, and I suppose they never got out of their hands—they have got them now—I value the leases at very little—if properly let I should say they-are worth 100l., not more, certainly—I have not taken any one's opinion as to their value, that is my own opinion—I gave the tickets to view to persons who applied for them and the premises were, all on our books to let—I can't say that there were fifty-eight furnished houses on the books to be let, when I left the business in February 15th, and I can't say that the com-mission if let would be 750l.; or that there were twenty-one properties for sale and the commission on them if all had been sold amounted to 2,670l.—I can't say that they are in the book—I don't know how much they would make up altogether.
Re-examined. The houses and properties entered in the book for which I gave orders to view were not all in the book before 4th November—some of them were entered in the book before the partnership and some after—I can't tell you the number of properties that were put into my charge for letting from November to February; I could tell from the list—I should think about thirty or forty fresh properties came in during the time I was partner—in some cases they were brought to me, and in other cases we sought for them—I never let anything at all, and nothing resulted from the orders to view—I paid in 50l. to the City Bank, and he paid in 50l.—one of the leases that I have spoken of is the lease of the offices—I paid
100l. for it; I don't think they would let for any more—then there is the lease of next door, 129l.; the rental of that is 120l. I think—it ought to let for 150l., in detachments, and we should have to pay property tax for that—I think the lease has six or ten years to run—as an auctioneer, I say that the total value of the leases in the hands of my solicitors is 100l.—I should not have purchased the goodwill of this business for 400l. if I had known what I know now with reference to the commissions in the. book. (The deed of partnership was partly read. It stated that the leases, were to be deposited, and the profits of the business should belong to (the partners in equal shares, and Marshall guaranteed that the share of Battcock should not be less than 300l. during the first year.)
JOHN BATTCOCK . I am the prosecutor's brother, and a member of the firm of Harper, Broad & Battcock, solicitors, Rood Lane—my brother communicated with me for the purpose of taking a business, and I saw the defendant alone in Edgware Road before I went with my brother—we had a general discussion about his business, and he said he was making at the rate of 700l. or 800l. a year; he had made that within the previous ten months, and I said I would call on him again with my brother and we would go into the matter—on the 20th October I went there with my brother, and we had a general conversation to the same effect—I asked Mr. Marshall for his books, so that we might see what business he was doing—he produced this book, saying it was the only book he had showing the state of his business—I took the book—he said they were entries of houses in his hands for the purpose of being sold or let, and where the figures were written across, was the commission he had received for the sale or letting of-those houses—upon that, I took a piece of paper to take down the commissions to see what they amounted to—I took down the. first two or three amounts myself, and then the defendant said it would save time if he called them out to me as he knew the book better—he called out the amounts, and I took them down, they amounted to 539l. 4s. that' is the commission—he also gave me a list of other sums earned, with reference to valuations, but I did not attach much importance to those—we said we would consider the matter, and make him an offer—we then left, and a letter was written by my brother on the 20th, and the answer was received on the 29th, which has been read—on 4th November 300l. was paid at my office, and the leases were deposited with me—I prepared the partnership deeds, and they were left with me as solicitor for the parties at that time—I have them still—this book was brought to me shortly before 12th February, and this letter was written by my firm on the 12th. (Head: "Having been consulted by your partner, Mr. H. T. Battcock, with reference to having secretly drawn cheques in the name of the firm, we, in consequence of being informed that hardly any business has been done since the commencement of the partnership, advised inquiries to be made as to the commission which you stated you had received in the ten months preceding the partnership and on the faith of which Mr. Batt-cock paid you a premium of 400l. The result of those inquiries has been that in almost every case gone into it appears no commission was received by you at all. It thus seems to us that the premium of 400l. was obtained by you under false pretences. But before finally arriving at that conclusion we desire to give you an opportunity for any explanation you may think proper, and we request that you will do this at once, otherwise we shall conclude that you have none to offer.") We have not received any esplanation,
and subsequently we took criminal proceedings, and we have con-ducted the matter on behalf of my brother—he has acted under the advice of my firm.
Cross-examined. An agreement was drawn up between the parties by my firm subsequently to 12th February; I believe it is in Court—I did not see Mr. Butcher, the defendant's then solicitor, with regard to that deed—I did not attend to it personally, it was done in my office, but I did not see Mr. Butcher at all; I have no doubt it was submitted to him, that would be the ordinary course—I can't say without seeing the draft whether it was altered by him—I can't say exactly when it was prepared; it was after 12th February—if the agreement had been carried out there would have been no prosecution.
ELIZA FRANCES STOFFELL . I am a widow and live at 42, Upper George street, Portman Square—I gave the particulars of my property to the defendant to let the house—I went to him as I wanted to let my house—I asked him if he could let it and he said he could let it in a month, and I gave him the full particulars—the price was to be 3502. for the lease—he never let the house or sold the lease for me—he never applied to me, nor did I ever pay him 22l. 5s. as his commission.
Cross-examined. No one came from Mr. Marshall to look at the house; I have had people there, but not from him, from other people—I was mos'ly at home, but sometimes out.
JOHN CHARLES WARD . I am a professor of music, and live now at the Retreat, Haverstock Hill—I had a house at 49, Oxford Terrace and I put it into the defendant's hands to let furnished—it was a sixteen roomed house, the rent was 125l. and he was to sell the lease if he could—he never let the house or sold the lease—people came with his orders to view—he never applied to me for 21l. 5s.; I did not pay him that or any other sum.
Cross-examined. The particulars in his book are quite correct—people came to view the house—I afterwards sold it through somebody else, I put it in the hands of other agents.
HENRY CHARLES HANSCOMB . I am a licensed victualler—I did live at 80, Ashburnham Grove, Greenwich, when I was out of business—I had au interest in the St. Luke's Head public-house, King Street, Grosvenor Square—I put it-into the defendant's hands to sell the goodwill and let it—he did not sell it for me—he never claimed 38l. 10s. from me for selling it, and I never paid him that sum—I paid him from half a guinea to a guinea for advertising—it has been sold.
Cross-examined. I subsequently let the house through Mr. Dean and paid him the commission—if I had let it through the prisoner I should have paid him the commission—I believe two orders were given by him to view my premises.
ANN HALL GRABHAM . I live at 72, Porchester Terrace—in June or July last year I desired to dispose of my house—it was to be. disposed of as a boarding-house—I gave him particulars—he did not sell the house for me and I did not pay him 40l. 10s. for doing so—I paid him 5s. for an advertisement—the house has not been sold or let.
Cross-examined. The price was to be 700l. or 800l. and the commission would come to about 40l.—I should have paid him that if it had been let.
CAROLINE SKINNER . I am a widow, and live at York House, Paddington—I did live at 43, Cambridge Terrace, Edgware Road—I never saw the prisoner till I was at the Mansion House—particulars of my house were
given at his office to some one else—he never let the house for me—he did not claim nor did I pay him 35l.
Cross-examined. I gave particulars and if he had let it I should have paid him the ordinary commission.
ELIZA DAVEY . I live at 13, Cambridge Crescent, and have a boarding-house there—I went to the prisoner's office to give him particulars with reference to letting my house, but I could not find anyone there—my husband after-wards put it on his books, I believe—the house was sold, but it was not car-ried out—I can't say whether it was sold by Mr. Marshall; it was sold at the time it was on his books, but it was not carried out—I think there were some orders to view from the prisoner—I have not paid him 37l. 10s. or any money—my husband is here and he will tell you whether he claimed it or not.
GUILTY— Recommended to mercy by the Jury and the Prosecutor—Judgment respited.
MESSRS. BESLEY and SOCLSBY conducted the Prosecution; and MR. COOPER the Defence.
THOMAS FRANCIS BEST , I am storekeeper to MESSRS. CROSSE and Black-well of Soho Square—on 22nd June I received this order from a boy Darned Hulbert, and I gave him three bottles of cherry brandy and three of milk punch. (Order read.' "G. W., 146, Harrow Road, Messrs. Crosse and Blackwell. Please send the under mentioned goods—I doz. pints ox tail soup, I do. oriental packed pints, I do. Capt. White's packed pints, 1/4 doz. bottles cherry brandy, 1/4 doz. milk punch, 1/2 a dozen curry powder, 10s., 1/2 a doz. 7s. a 1/2 a doz. Durham mustard.")
Cross-examined. The prisoner has been in the employment about twenty years,' and Hulbert-about twelve years—he was sent to Coldbath Fields for robbing Messrs. Crosse and Blackwell of the punch—I don't know how long he had been there before I heard of this matter.
THOMAS CHARLES HIJLBERT . I am a convict undergoing four months' imprisonment in Coldbath Fields—I had been in the employment of Crosse and Blackwell twelve years in August—I am nineteen now—my sentence is for stealing these three bottles of milk punch and three of cherry brandy—I worked in the town department as packer—the prisoner was a corker of capers in the caper room—he had nothing to do with making up orders or packing goods—he would not receive any orders—I got the three bottles of cherry brandy and three bottles of milk punch from Mr. Best by presenting that piece of paper to him on the Tuesday—the prisoner gave it to me on the Monday, I believe—I can't tell you what he said exactly, but he gave it me to get the goods with—he only asked me to get the cherry brandy and the milk punch—he said he had written it—I was to get the cherry brandy and the milk punch, and take them to him—it was on the Monday he gave it me—I don't know the date—I uttered it on the Tuesday—I got the cherry brandy and punch and took them to the caper room—four women who work for him were there besides
him—I took the bottles in in a tray on my head—they were lying down—three of them were long bottles, and three about the size of port wine bottles, they were supposed to be pints—we take trays into the caper room if we have sufficient goods to bring out—I did not see the prisoner open the bottles, but he gave me some of it—I gave them to him in the caper room—he gave me some of both—I left the bottles with him in the caper room, and did not see any more of them.
Cross-examined. I had some of the stuff in the caper room and Driscoll had some—Mary Ford, Elizabeth Matthews, Mary McDermot and Emma Matthews were there—I was sent to prison for stealing this brandy and punch—I have been there a fortnight to-day—Messrs. Crosse and Black-well were informed about the prisoner while I was in the House of Detention—people came to me and made inquiries about it, and I gave information—the order was given to me on the Monday, and I kept it and gave it to Best on the Tuesday—I knew all the time it was a forged order—we did not say anything to one another when we were drinking it—Driscoll was about four or five yards from the door of the caper room when I went in.
Re-examined. Three of the women were on the right of the caper room, and one on the left—I did not see them have any of the stuff—this plan describes the caper room correctly—Driscoll's corking counter is marked there—I put the tray down by the side of the treadle post, and Driscoll was standing against the treadle—I can't say whether the women saw what we were about—they did not drink any in my presence—they would be at their counter—the places are marked where they would be.
HENRY JOSEPH BELL . I am manager to Messrs. Crosse and Blackwell—the prisoner has been in their service about twenty years—this piece of paper, which purports to be an account of stock taken by him in his department at Christmas last, is in his writing—I have seen the order, and from the similarity of the letters, I believe it is the same writing—we have no customer with the initials G. W. at 146, Harrow Road—I have been to that road, and can find no such number.
Cross-examined. I was speaking rightly when I said before the Magis-trate, "The writing on the order resembles the writing on the stock"—I say it resembles it, and very closely.
Re-examined. My belief is they are the same writing and acting on that belief, I consulted Messrs. Allen, the solicitors—that was after Hulbert had been sent to prison for four months.
Cross-examined. I have known him about sixteen or eighteen years—the paper was put into my hands before the Magistrate and I would not say positively then, but; I am positive now—I believe it to be his writing—I don't recollect saying before the Magistrate "I am not certain it is the prisoner's handwriting, I can't say whose writing it is"—I have no doubt I said what you have down there.
Re-examined. When I was examined at the police court I did not know I was
to be asked about the writing at all, and I had no opportunity of comparing it at all—I have done so since, and I believe that the party who wrote the one, wrote the other.
CHARLES CHABOT . I live at 27, Red Lion Square, and am an expert in handwriting—I have made it a study for more than twenty years—these two papers were given to me for me to form an opinion on them—I formed the opinion at once that they were in the same writing—it appears to me to be so to the meanest capacity of judging handwriting.
Witnesses for the Defence.
MARY FORD . I live at 13, West Street—I work in the caper room—I never saw Hulbert bring any bottles in a tray there—I never saw him give any bottles to Driscoll—they never drank punch or cherry brandy in the caper room in my presence—I don't think they could have done so without my seeing it.
Cross-examined. I have no reason to recollect the 22nd June—I work in a different gangway from where Driscoll worked—I work by the side of Mary McDermott—I never saw Driscoll do any writing—they send a slate to put the work done, what we had done daily—his business, was corking.
ELIZABETH MATTHEWS . I am employed in the caper room at-Crosse & "Blackwell's—I recollect 22nd June—I did not see Hulbert come in with some bottles on a tray on that day—I did not see him give any bottles to Driscoll or drink anything out of a glass—I never saw anything of the kind there that day.
Cross-examined. I work sideways to Driscoll at another-counter—I should not take any notice of who went out or in I had such a quantity of work to do.
MARY ANN MCDERMOTL I work in the caper room—I was there in Juno—I did. not see Hulbert bring in any bottles to Driscoll during June—I did not see them drink out of glasses, punch or cherry brandy—I never had a sip of either.
Cross-examined. I work in the same gangway with' Mary Ford—I have no reason for remembering 22nd June at all—I said at the police court "If Hulbert had brought in bottles I should not have noticed him."
EMMA MATTHEWS . I work in the caper room—I remember 22nd June—it was a Wednesday I think—I did not see Hulbert come into the room that day with bottles of cherry brandy—I did not see him give any bottles on a tray to the prisoner and I never saw them drink any—if he came in the side where the counter is, he would have to go in front of me, and if he comes to the bins he would go behind me.
Cross-examined. Sometimes he would come in once a day and sometimes. twenty times—he came in on the Thursday, the next day, twice for capers and once he came in for some that were not ready and he had to wait—I don't think I saw him on the Friday and I don't remember seeing him on the Saturday—I worked at the same counter with Ford and McDermott—I am the furthest away from Driscoll and there is a counter between us—I hardly ever saw Hulbert with a tray at all—he took the bottles out on his arm; he only came in for a dozen or a dozen and a half; he can carry four dozen.
Twelve Months' Imprisonment.
FOURTH COURT.—Wednesday, July 14th, 1875.
Before Mr. Recorder.
MR. BESLEY and MR. GOODMAN conducted the Prosecution; and MR. F. H. LEWIS the Defence.
THOMAS BELLINGHAH . I am employed by Mr. Thomas William Cook, of 8, Clifford Street, a tailor—I have been in his service nine and a half years—the prisoner was a fellow servant, he had been there about seven years—it has recently been my duty to pay the wages on Saturday to the persons working in the shop—it was the prisoner's duty to pay the outdoors wages—I was supplied with the coins necessary to pay both classes of wages—each outdoor worker has a small book in which is entered all the work done and delivered—the book (produced) is one of such books—the book is initialled by the cutter to show that the actual garment has been brought in made up—it was then the prisoner's duty to enter it in this wages book (produced)—this is all the handwriting of the prisoner—this is the wages book for the outdoor people only—after the initial of the cutter was put to the workmen's book it would be delivered to the prisoner for him to copy into the wages book—it was his duty to bring the book to me and call out correctly from that, the amount to be paid to each person—on the 29th of, May he called out seventeen names and amounts to each one—as each, name was sailed I counted out the amount of money which he called in separate sums and handed them to him—I afterwards received a memorandum from him of the amount that he had expended, the supposed so-called outdoors wages—I have not got the memorandum for the 29th of May, it was torn in pieces and thrown into the waste-paper basket—this book (produced) is my. wages book;—that is Mr. Steven's handwriting—I go through it with him after he baa taken, the wages—the prisoner has nothing whatever to do with this book; it is. made up from 1 to 1.30 on the Saturday, the same day—I look at it between the time it comes up into the shop and the time it is made up, from 1 to 1.30—the foreman likewise goes through with me at the same time to see that everything is correct—that is not Stevens, but what we term the cutter—I can tell by reference to the cash-book what was paid for outdoor wages in that week—the cash-book is in my own handwriting—that is an entry made on the Saturday before we-leave; the entry is 114l. 16s. 1d.; that means both is and outdoor wages—the total paid for indoor is 57l. 8s. 11 1/2 d.—the 57l. 7s. 1 1/2 d. was given to the prisoner—I swear it—in his own book the total of 110l. 4s. 4d. appears made up of 52l. 15s. 4 1/4 d. paid outdoors and 571.8s. 11 1/2 d. paid indoors—he enters mine correctly—amongst the names of the workpeople called to me on the 29th of May there were Kearney, Chambers, Wheeler, Dart, Murphy, and Beveridge—in Kearney's detail in the prisoner's handwriting I find the accountant has put a mark; I find an item there of 65. 9d—the entry is "Schofield, W. F." (the name of the customer), "Waistcoat, basted and bound, 6s. 9d."—in the detail of Chambers in the prisoner's handwriting I find'" Swabey, F., trowsers, side pockets, 6s. 1d."—in Wheeler's account the item marked 5s. is for a footman's waistcoat—Dart, a dress waistcoat, 6s. 3d.—Murphy, a waistcoat, 6s. 6d., and Beveridge a pair of trowsers, 8s. 10d.—passing to June 5th I find there the writing of the prisoner in his wages book—sixteen persons were paid out door work that week—the 57l. 19s. 10d. on this ticket are the prisoner's figures—after he
has called out all the separate sums that have been handed to him he gives that to me as the total—looking at my figures I am able to say I paid 67l. 3s., making a total of 125l. 2s.—there may have been odd pence, but the fragment of paper does not show them—the amount altogether entered in my book is 125l. 2s. 10d.—that would be in accordance with the ticket—in the prisoner's book the amount for outdoor for the 5th of June stands at 53l. 1s. 7 1/2 d., that is the amount according to him due at that time—I find in his book names and figures written over erasures in that week—he enters the amount I pay—he puts in 67l. 3s. 5d. as my amount—I have not referred to see if that is correct—looking at the details of the items for June 5th I see there is an item marked by the accountant "Wheeler, 5s. 6d. "for a waistcoat—Kearney, waistcoat, 5s. 6d.—George,—waistcoat, 5s. 3d.—Murphy, waistcoat, 5s. 9d., and Chambers, trowsers, 6s. 1d.—the person whose name is entered as "George," is a person of the name of Cook, but he takes the name of an old porter who was with us for many years—he always went by the name of George, and his daughter makes waistcoasts and she took the name of George—where ever the word George appears it means the daughter of our old porter George whose name is Cook—I say I gave to the prisoner 57l. 19s. and whatever the pence was, and not 53l. 1s. 7 1/2 d.—I knew on Saturday, the 12th of June, Mr. Stevens was present to listen to what was called out—the prisoner: was arrested on the Monday following—he was not taken into custody till the 14th—I remember the prisoner calling out "Morris, 2l. 4s. 6d.; "-her wages appear as 4s., 6d. in his book; I did not look at the time to see" what was the figure there—there is a leaf torn out on the Monday following—I will swear it was not missing on the Saturday and I swear that he called' out 2l. 4s. 6d. for Morris—I paid the money—seventeen persons are entered for outdoor pay on that day, the 12th of June—after the calling had been gone through and the coins put down to correspond he gave me the ticket—that is his ticket and the amount he so received from. me—that is my writing, the date 12th June underneath—the amount is 55l. 10s. 6 1/2 d—he has entered in his book 51l. 7s. 6 1/2 d. as paid outdoor—the total amount of both classes of wages is 112l. 2s. 6d.—I swear I gave him 55l. 10s. 6 1/2 s. and not the lesser sum of 51l. 7s. 6 1/2 d.
Cross-examined. I receive from my employers a cheque for the purpose of paying wages—the wages must be made up first; taken out in the rough—the indoor and outdoor wages books were in my possession for that purpose—the indoor wages book would be in the handwriting of Stevens, and the outdoor wages book in the handwriting of the prisoner—the paper on which the rough calculation of the wages is made is thrown on one side—the outdoor wages book is left with the prisoner, it is not taken from him—it is kept in the office where the prisoner is supposed to be—when' he calls out, say, Huuter 15s., I hand it to him—I should think it is not my duty to look over him to see if he calls cut correctly—the amount was supposed to correspond with the small book—I place drimplicit confidence in the prisoner—it was my duty to pay the money, without taking any account at the time of the names or the item or the total—the prisoner brought me his list of what it amounted to) I should—say from a quarter to half an hour afterwards—I did not compare the list with the amounts in the book—my check is the balance of my cash in the was after paying the wages—the total is not drawn down in the book when the rough approximation is made of the wages—the totals are there of each man's work, but not the total
amount of the whole—I received the prisoner's statement of what I had paid him without any further would have nothing whatever to do with the payment of the indoor workmen—I have no personal memory of what I paid, but refreshing my memory from the book I can state it.
Re-examined. My memory is clear with regard to the calling out of 2l. 1s. 6d. for Morris—there was no list made by the prisoner of the amount he received from me—after he got the money he gave me a little memo randum paper of the amount he so got—by that means I could balance my cash—I had no detailed list from him—I never used to draw for the eiact amount; it might be 15l. or 20l. over—I only got a rough estimate of what I would require beforehand.
JOH.V LEDGER STEVENS . I am employed by Mr. Thomas William Cook—I'-am' book-keeper—I keep the book in which the indoor names are entered—in consequence of directions, I listened and heard what the prisoner called out on the 12th of June—I paid particular attention to what he was calling out—he called the name of Mrs. Morris for 2l. 1s. 6d.—I am sure of that—T did not see whether the actual 2l. 4s. 6d. appeared in the book—that was on the Saturday—I cannot say whether the two leaves torn' from the book were in the' book on the Saturday—on the Monday he was taken into custody.
Cross-examined. I did not' make any note of his calling Morris 2l. 4s. 6d. is—I was not looting over the book at the time—I am not aware that any thing had been said to the prisoner between that time and the time of his being charged.
JOSEPH CHAMBERS . I am a tailor in the employment of Mr. Cook, and work outdoor—the book produced is mine—it is the practice of the cutter to initial all the items—I get paid upon that—that book contains a correct account of all the sums I have received—I have received no other sums.
ANNIE KEARNEY . I am a tailoress in the service of Mr. Cook—I work at home—the book produced is my book—it contains all the items of my work—it is initialled by the cutter, and I get paid upon that—it contans a correct account of all I have received and no more.
ELIZA WHEELER . I am a tailoress in the employment of Mr. Cook—I work outdoors—the book produced is my book—that is my writing—it contains the items of all the work I do—if I have made a mistake the cutter has corrected it, then I get paid upon that book—I have to get it initialled by the cutter—I received no more than appears in that book.
MARY MORRIS . I am a tailoress in the service of Mr. Cook—on the 12th of June I received 1s. 6d.—that is all that was due to me—I did not receive 2l. 1s. 6d.—I have not Got a book, they have taken it from me.
EDWARD HERBERT SHEPHERD . I am a clerk to Mr. Manley, the accountant—I have had these books under my supervision since the prisoner was given into custody—Under date the 29th of May I see the name of Kearney and find an entry of "6s. 9d., Schofield;" in Kearney's book that item does not appear as initialled by the cutter—there is one item of 6s. 9d., but that is another customer, a man named Campbell—in the prisoner's account he includes the 6s. 9d., and as far as Schofield is concerned, that is not in the book of Kearney initialled by the cutter; but if you turn to Kearney's account the previous week you will find he has charged Schofield 6s. 9d—he has charged it twice—I have examined the books, and that is the same with regard to Wheeler 5s. 1d., Dart 6s. 1d., and Beveridge 8s. 1d.—the items in his writing in the prisoner's book are not in the books of the
workpeople initialled by the cutter—I find, erasures in nearly-'all the castings.
GUILTY — Eighteen Months' Imprisonment
Before Mr. Baron Amphlett
MR. GOODMAN conducted the Prosecution; and MR. STRAIGHT the Defence
WILLIAM MUSTBILL . I am a pot-boy and live at East Ham—on Friday morning, 30th April, about 8 o'clock, I was in Denmark "Terrace. Barking Road, and saw the prisoner and the deceased Jakes walking towards me; Jakes was the nearest to me, and the prisoner caught him up and Jakes then fell to the ground—I was not able to see. what" caused him to fall, but I ran towards him and saw the prisoner hit him twice with this hammer on the back of his head.; (A plaisterer's hammer with a hatchet on one side of it.) The deceased cried out "Mother!"—he was bleeding from the head—I did not hear the prisoner say anything to him or he to the prisoner—I said to the prisoner" What is the matter?"—he made no answer—the deceased was groaning—McGiffe came up and caught hold of the prisoner, but I did not hear him say anything—he took him to a policeman, who was about 200 yards off; Jakes was taken to a house—I did not know either of the parties—I have no doubt about the man.
Cross-examined. Denmark Terrace is a—thoroughfare; there are houses on one side and people living in them—I was 50 or 60 yards from Jakes, and when I got up to him the prisoner was sitting beside him in this road—I did not look at his eyes; I was at his back—he sat quite quiet when I went up—I saw some silver money lying on the ground, scattered about, and there was a bottle on the ground, but I did not see whether Jakes had been carrying it.
THOMAS MCGIFFE . I am a gas stoker, of 44, Denmark Terrace, Barking Road—about 8 o'clock on Friday morning, 30th April, my attention was called to something going on outside—I went to the window, which was open, and the deceased lay about 60 yards from my window and the prisoner was leaving him—he was about 40 yards off, coming from him towards my house—I knew the prisoner and went downstairs, went up to him and said "What is the matter, Mike?"—he said "I have killed a boy"—I; said "Nonsense; come back with me and let me see"—he said "it is no use; he is dead"—I asked him to come back, with me, to the boy and he did so—the boy lay in a pool of blood and was covered with blood; he was insensible—tbe sight rather upset me, and when I came to myself I found this hammer in my hand—I had not got it till I saw the deceased—I do not know whether the prisoner picked it up and gave it to me, or whether I picked it up—I gave it to George Banks, the policeman—I took the prisoner to the constable, who was 300 yards off, or a little more, and said "This man has killed a boy up the road"—the prisoner said "I have done it; lock me up"—I had seen the prisoner on the Wednesday previous, and my attention was excited by the way he came in a stooping position along the road and not speaking, and he looked so dull about the eyes and head—he went about in a slouching position—I bade him good night—when I spoke to him he was very strange—I have known him between five and six years he is a scaffolder—I had lost sight of him for two and a half or three years
till that Wednesday, except that I saw him about three weeks previous to that on a Sunday, when he told me that he was employed at Fulham—I had never seen the deceased before, but I know his father; I did not know where the lad was working till I heard.
By THE COURT. I do not believe the prisoner ever saw the boy before.
Cross-examined. He is a scaffold labourer now—I know that at one time he was employed at the gas works at Becton—I have heard that he has had a bad sunstroke—he was all of a tremble when I got up to him, and his eyes were all working in his head, and he seemed to tremble; his eyes were rolling about and he had got his head down.
By THE COURT. I did not observe anything strange in his appearance on the Sunday—I had not seen him for two or three years, and I asked him how he was getting on—I had not observed anything strange in him before—he told me that he had been a teetotaller when I met him on Sunday.
GEORGE KILBY . I keep a shop at 47, Denmark Terrace, East Ham—the prisoner has lodged with me and I have known him six or seven years—he had been away for a couple of years till about three weeks before this happened—he lodged with me twice, but I cannot say exactly when—it is two or three years since he lodged with me last, he-was then employed under me putting up scaffolds I was his foreman—on a Sunday, three weeks ago, he came to me and stopped about five minutes—I asked him to stop and have some dinner, but he would not stop, he said that he had to meet some one at "North Woolwich—he stopped three or four minutes and went away—he spoke very sensibly then and said that he had been a teetotaller for some time, when I asked, him to have a glass of ale—his conduct and general demeanour were very quiet on that Sunday, there was nothing at all to attract my attention—I saw no more of him till 30th April, about 8 a.m., when I went out into the road in consequence of something I heard, and found a boy lying in the road about 40 yards' from my door, and 7 feet from the path—the prisoner was standing opposite him on the path, and I went up to him and said "Mike what have you been doing?"—he said "I have killed that boy "pointing to the boy in the road—only some little boys were by—I asked him what he did it for, he said "I don't know, George"—that is my name—I went and had a look at the boy; he was bleeding from the head in two or three different places—I was the first man there—this hammer was lying on one side of the boy, and a large stone bottle on the other, and a quantity of silver was lying near one of the boy's hands in the dust—I went back to the prisoner and said "You had better give yourself up"—he said that he would, and I went for a policeman.
Cross-examined. He worked under me at the gas works at Becton, and I have heard since that he was laid up with a bad sunstroke there—I did not hear it at the time—he is a good natured, good tempered man.
Re-examined. That was four years ago.
GEORGE BANKS (Policeman K 386). About 8.15 on this morning I was on duty near East Ham, and saw the two last witnesses coming towards me with the prisoner between them—McGiffe said "This man has murdered a boy up the road"—the prisoner said "I have and I shall be hung for it"—I said "You will have to go with me to the station"—I took him to the station and fetched a doctor by whose orders I took the deceased in a cart to Poplar Hospital—McGiffe handed this hammer to me, there was some blood on it and a little hair.
April the deceased was brought there quite insensible, and-suffering from sixteen or seventeen wounds on his head; he had borne very severe fractures; the skull was fractured, and one fracture was very large, there was brain protruding and he was paralysed on one side—he continued not quite insenssible, but he was never sensible enough to make a statement—there was laceration of the brain, and an abcess resulted from it—he lingered till 31st May, and then died—the immediate cause of death was the compound fracture and the abcess.
Cross-examined. I entered the medical profession—in 1866 and qualified in 1869—I have had persons under my charge suffering under mental disease, I travelled two years with a man who was a ward in Chancery, who was subject to delusions, but at times he was quite sensible—when those delusions were on him he was very violent, but "at other times, he vas sensible and could enter into conversation about anything—the generic term for that form of insanity is "mania"—mania involves delusions at times, decidedly—an attack of sunstroke would render the person who had it a likely person for insanity to take effect upon; it would predispose the soil more readily to the growth of insanity—there is no doubt whatever that a sun-stroke has a strongly mechanical effect upon the brain—a patient is at first insensible from sunstroke, and afterwards there is congestion of the brain very often accompanied by delirium—the after effect of sun stroke are intense headache coming on in an uncontrollable degree and under any exciting cause: drink would bring it on—a person who has had sun-stroke ought to drink nothing—I have been in Court during trial—for the purpose of forming an opinion as to whether a person is or is not of sound mind when he commits an act, the question" of motive is a materal one; if I, as a doctor, were called upon to form an opinion for private purposes, the absence of motive would be a most important consideration—it is a well-known characteristic of murderous attacks perperated by insane people, that the attacks are either perpetrated on a person they do not know or else on a person they are very fond of but I do not say this is always the case—there may be something unusual in the circumstance that a person, after the attack of mania has passed away, is perfectly calm and collected, but not always; the person would have very uncertain restless eyes, he would not feel after this as he did before—I have often heard such persons say that they have no idea why they have done a thing, and that they were very sorry—another circumstance also which is indicative, is the ferocity with which the attack was made—this was a very ferocious attack and I decidedly consider the ferocity an element in the consideration.
Q. This man was actually sitting down on the road by the side of the. lad and making no effort to go away; is that a circumstance you would also consider? A. I should take it altogether.
Re-examined. I have had two or three cases of sunstroke, but they are not common in this country—I spoke just now from what I have read it is a common thing for a person to recover from a slight sunstroke and after a year or so to have no trace of it at all, but in a bad case there is always some effect left; a slight case may pass off entirely.
Q. If a person has had a sunstroke, and in consequence of the predisposition arising from it, he gets into the way of committing ferocious attacks of this sort, should you expect it to show itself after two or three years? A. I do not say because a man has had sunstroke he is to turn round and murder a man, but it may be that his brain is not in the same healthy state.
Q. Would you not expect some symptoms of mania to show themselves before two or three years had elapsed, and then suddenly to develop themselves? A. It may not be mania, but a man would not be able to sleep and would complain of pain in his head—I do not say that he would go two years without any symptoms—I should decidedly say that I should expect a man who committed a ferocious attack to show symptoms beforehand—I should not expect to find a person who had had a sun stroke conducting himself as other people, and making few, if any, complaints for two or three years, and then suddenly to commit an act of this kind; I should expect him to show the symptoms I have mentioned.
Q. I will put a case to you—a person has a sunstroke, he makes no complaint, his conduct is that of any ordinary person in full health for two or three years, and then he does some maniacal thing: should you attribute that to the sunstroke? A. No, but I should not say that it was not—I should not attribute it to the sun stroke alone.
Witnesses for the Defence.
MARTIN M'CORMICK . I am a labourer, of 17, St. James Street, Bromley—I have known the prisoner about fourteen years, and he lodged with me about four years up to 28th April, the Wednesday before this unhappy affair took place—I knew him when he was working at the gas works at Beckton—I remember his having a sunstroke there five years ago, and he was away from the works two or three weeks and was very bad—he came back to work afterwards I have noticed him very strange this last year or two—I noticed something about his eyes at times when he was sober, and he has called out to me several nights, previous to the time he went to West Ham, saying that there was somebody going to murder him that was when, he has been in bed and the lights had been out—he also sat before my fire, and he up with his feet and kicked the fire—I said "What are you up to; are you going luney or what?"—that only happened once—he was in work at the Bromley Gas Works for a twelvemonth, up to ten days before he went to East Ham—he was at my house ten days out of work, and then he left me and went to East Ham on 28th April—Becton is, below North Woolwich; he left there some time ago, and has been at Bromley at some gas works, and he was out of work ten days at my house—he then went to East Ham to—work again, and when I came home on Wednesday morning to my breakfast he was sitting on the chair, and he started eating my breakfast—I thought it was something strange and spoke to my mistress about it, and said that I thought there was something wrong with him.
Cross-examined. I said "I have noticed he was very strange at times when he was sober during the last two or three years;" he was accustomed to drink sometimes, but when he was sober he would go on talking French and German and I did not understand him—he was given to drinking at times and he would get the worse for it—he has several times had a glass with me in a public-house, but a very little drink affects him—the sunstroke was about five years ago, it was before he came to lodge with me—he was not lodging with me at the time, but I was working close to him—I know it was a sunstroke because he lay on some planks on the river side face downwards, and when it was time to go to work he seemed to lie there—some one said "What is up with Mike, is he gone to sleep," and we started him up, but he was regularly silly and had to be led home, and all he said was "I want to see my mother"—I don't know that he
had a doctor, as I did not go home with him, but we all put it down as a sunstroke—before that he would have a glass at times, but—I was not in the habit of keeping much company with him in the drinking line—in my opinion it was not drink on that day—he conducted himself well for two or three years for what I saw—when he kicked the grate in my room two or three times he had had a drop of beer, but he did not look like a drunken man; he was a little the worse for liquor—he has called me up on four or five nights and said, that there was a man murdering him but I never went up into the room, to see, because I knew there was nobody in the room but himself—he had had some drink before he went to bed on those nights the only other occasion of strange conduct of his was his going into my room when I was away and eating, some of my breakfast—I was present—he bad been lodging with me and had had breakfast of his own in my room before but not mine I do not know—whether he would be able to tell that it was my breakfast and not his—he ate it in a proper way for what I could see.
Cross-examined. He was as a rule a very peaceable good natured man—a little drink took effect, upon him—I did not see him on Thursday before this took place—he was going to East Ham to the gas works to work at Mr. George Martin's—I knew Amos Briscoe—it was hot weather when I saw the prisoner ill five years ago, and we all counted that it was sunstroke—we were working at. the gas works by the river side in the glare of the sun—I do not know what time of the year it was because I am no Scholar, but I am sure it was in the summer time.
AMOS BRISCOE . I am a scaffolder, of 3, Payne, Place, Kentish Town—I, have known Murphy fourteen, or fifteen years, he has always been a very good natured peaceable, fellow—I was working with him at the Becton gas works when he had this attack—it was thought to be sunstroke at the-time—he was very ill and was away from work a fortnight or three weeks—that is five years ago—I do know what month at was in but it was in the summer time, and in hot weather—I was working with him two years ago at. Rottingdean; near Brighton, when he was very strange, and on one occasion he said he did not care whether he lived or died, and walked out of the house—I followed him and he walked up and down the cliff close to the edge—I caught hold of him and said "Look here Mike, come home with me."—he was very strange and would not answer any questions he was sober—when I pulled him back he did not try to resist me, he went quietly with me—I have frequently observed him strange at other times when he has been perfectly sober—I agree in what the last witness said that he could not not drink much, before he was inebriated—I did not see—anything of him about Wednesday, the 28th—I had not seen him for twelve months, till last Saturday in prison.
Cross-examined. After the sunstroke he came back, to his work and conducted himself in the usual way—that was not for two or three years—he was at work at Becton after that about two years, he was not dismissed or anything of that sort, but he behaved himself very extraordinarily, and we thought he was going wrong—he stayed two or three years after the sunstroke, and—I was there all the time—he did not very frequently take too much—I know no reason for his going out on the cliff in that way, he had no misfortune that I am aware of—I was lodging with him at that time—I dodged with him six or seven months, although he was so very strange, because I knew him.
By THE JURY. I saw him during the three weeks that he was absent from his work from the sunstroke—he was lodging in Denmark Terrace, but he lodged in three or four different places on the Terrace—I did not visit him while he had the sunstroke, but I saw him—he was ill, but was not confined to his bed, he was walking in the street—there were no other instances of sunstroke—I had never seen a case of sunstroke before—he was not tipsy, he had not been drinking at all—I know that because he was working with us—he had no medical attendant I believe.
By MR. STRAIGHT. He had been at work from 6 o'clook that morning—if he had had anything to drink which made him drunk. I should have observed it—I am perfectly sure—he was sober, as sure as I am standing in this witness-box.
GEORGE KILBY (re-examined). I do not believe he was staying with me at the time he had the sunstroke, he lodged at two or three places on the Terrace, and there are forty-seven houses—I did not hear of the sunstroke at the time, but I heard it since—I did not see much of him when-he-was living at the other places in Denmark Terrace;—I never saw anything the matter with him when he lodged with me—he was a little given to drinking at times, and he was rather strange after drink; for a day or two, from the after effects of it—he seemed very strange in his head.
GUILTY DEATH .
Before Mr. Justice Denman.
MESSRS. POLAND and MEAD conducted the Prosecution; MR. COLLINS the Defence.
JAMES CLARK I am a seaman, livingat-10, Cannock-Street, "Greenock—in April last year I was one of the crew of the Barbadian, a British ship, Daniel McNeil was the master,-George Nathaniel. Beattie was first mate, Gilbert Kerr second-mate, and Peter McArthur steward—the prisoner was one of the crew, as a seaman—there were seventeen altogether when we first sailed—I can't tell how many there were at the time this occurred; there were less than there were at first—on 18th April we sailed to Buenos Ayres and discharged our cargo there—we then sailed in ballast to Java—we went about 20 miles from the port of Cheribon to discharge the ballast; Cheribon is in Java—on. 4th November we were discharging the ballast during the day, it was dry sand—the prisoner was working in the hold, I was on deck—he understands English—the captain was sick during the day—the second mate, Mr. Kerr, was in charge of the hold; he was superintending all that was going on—I can't exactly remember whether Mr. Beattie was in charge of the ship—at 6 o'clock Mr. Beattie told me to leave off discharging the ballast—we then left the hold—he then gave orders to slope the awning, and pay out some chain—sloping the awning means taring it down close to the rails, to make use of it—it was pretty fine weather during the day but it rained very hard that night, it was very hot—I am not aware that the prisoner said any thing when Mr. Beattie gave orders to slope the awning—I went to do it—when I returned I saw Mr. Beattie and the prisoner—rash words passed between them—there was not one of the words that I took any notice of—it was all about having to come and pay out chain before we shifted our clothes; the prisoner grumbled about it—I can't say what Mr. Beattie
said to that—the chain had not been paid out then, I was helping to pay it out with the rest of them when I came forward—four five of us did it—I then went aft to get some water in a bucket, the prisoner "went with-me—we had finished paying out the chain and the awning too—there was' about a quarter of an hour between the two—as we were passing to get the water, the prisoner spoke to Mr. Beattie, but what he said I can't remember—"Mr. Beattie told him to come back and he would hit him in the mouth; he would strike him if he would not hold his noise—he was not making much noise the was speaking angrily—Mr. Beattie then gave him a push and pushed him down backwards on the top of some spars—he was still speaking when that happened, they were both jawing—Mr. Beattie was then going aft—the prisoner still kept talking to him, rash words, angrily, and Mr. Beattie went to strike him—the prisoner was then standing up on the top of the spars, standing on deck rather, when George Beattie came back again he turned round and went up to him with the intention of striking him, he was making for Monson, and Monson jumped on the top of the spars and pulled his knife out—Mr. Beattie was lifting his hand up, just as if he was going—to strike him—he was "3 or 4 feet from him, and I believe he was going to strike him,—he was raising his hand, and the prisoner got on the for of the spars just alongside of him, not going away from—him and drew his knife from his breast with his right hand—it was under the waistband of his trousers; I could see the handle of it before he drew it, it was in a sheath in the waistband—it was a clasp knife—when he was pushed on the spars he said "I—will settle this yet" where he drew out the" knife; he stabbed Mr. Beattie in the shoulder—Mr. Beattie ran, at him like this (describing), and he took the knife out like that, and put it over the top of his shoulder—Mr. Beattie was coming toward him at the time, he got close up to him, they were breast "to breast—Mr. Beattie then got hold of him and knocked him down on the spars they both wrestled and fell on the spars—Mr. Beattie did not say anything, he never said a word that I heard—I called out that the mate was stabbed, and all hands ran aft to separate them—the captain afterwards attended to Beattie and the prisoner was put in irons.
Cross-examined. I was working on deck at the main "hatch way the prisoner was working in the hold—it was not wet and dirty there, it was dirtier work on deck—you got damp and wet with sweat in the hold, and so you did on deck too, it was so hot—I think Kerr was working in the hold, there were three or four of them there—we had been working from 6 o'clock in the morning till 6 o'clock at night, knocking off three times for meals—the heat was nothing more than usual, it was very hot—we could not send a boat on shore, it was too far, we could not stand a pull so far—the spars on the deck were spare topmasts, about a foot or a foot and a half high off the deck—the angry words between the mate and the prisoner had "been going on for some time, they were jawing each other—I am certain that the words the prisoner used were "I will settle this yet—I have said the words were "I will settle it yet," or words to the same effect—I have been examined several times, in Scotland and before two naval courts, and also before the Magistrate here—when the prisoner got up from the spars, Beattie had gone about three yards from him, going aft—the prisoner stayed close to the spars, taking water out of a water cask to "wash, but still jawing—Beattie then came back and walked right straight up to him like' this (doubling he fist)—the prisoner sprang away from him on to the top of the
spars, it was only about a couple of feet that lie had to spring, just to step on to the top of the spars, that was all, and then it was that the blow with the knife took place—they both fell, the prisoner under and Eeattie a-top of him—the whole thing only took a few seconds.
GILBERT KERR . I live at 223, Ellington Street, Glasgow—I was second mate of the Barbadian, a British ship belonging to the port of Greenock—I sailed in her on 18th April from Greenock—'after discharging our cargo at Buenos Ayres we went in ballast to Java—on 4th November the hallait was being discharged about 20 miles from Cheribon on the High Seas—the captain was sick-and the chief officer, Mr. Benttie, was in charge of the vessel—the prisoner was working in the hold discharging ballast—they knocked off work about 6 o'clock—the prisoner came up on deck with the rest of us—he hal forgotten his knife and went back into the hold for it—we had not been using our knives in the hold—ho had left it on the top of one of the beams; it was n clasp knife, he usually wore it in a sheath; there, is a mode of wearing it round the neck with a lanyard, but he used to wear it in a sheath—when he came back from the hold the chief officer gave orders to give out some chain, so we went and did it—after that he told us to go and slope the poop awning; some of the men did it—I did not see whether the prisoner went, I went to the paint locker; while there I heard the mate and the prisoner having some words outside—I heard Mr. Beattietell him to go aft and slope the awning along with the rest—the prisoner said "I don't know whether I shall or not"—Mr. Beattie told him two or three different times to go aft on il he still gave him abusive language, he said he should not, he should please himself—I did not hear anything more—after that, while I was inside the paint locker, I heard that Mr. Beattie was stabbed; about five minutes-had elapsed—I came out of the locker on. hearing the cry and saw the prisoner in custody of the crew; Mr. Beattie was aft by the cabin door, going into the cabin with help—he was very weak with loss of blood; I saw the blood—I assisted the captain in attending to him—while I was in the cabin a knife was brought in by Smith, the Cook—he is not here; it was an ordinary clasp knife—I afterwards, took it ashore and gave it to the-Dutch authorities at Cheribou, and I have not seen it since—Mr. Beattie was about twenty-five years of age, he was about the same size as myself, I daresay a little taller—he died a little after 11 o'clock the same night.
Cross-examined. The prisoner is about twenty—the hold is not dark when the hatches are off—we were working with as little clothing as we could—we generally take our shirts off, as it is too warm, the mate had got on a thin cotton shirt.
By THE COURT. It would be rather an incumbrance to work down in the hold with a knife, a man would take it off for convenience.
PETER MCARTHUR . I was steward of the Barbadian—we were off. Cheribon on 4th November—when the men knocked off work at 0 o'clock I was in the cabin—I came on deck and saw Mr. Beattie standing on deck and the prisoner too, they were standing together at the port side of the main hatch; I heard them giving words to one another when I was going for water for the cabin—I did not hear what was said, they were loud words; I was walking on for the water when I saw the prisoner's hand rise and comedown on Mr. Beattie, and afterwards I saw the blood streaming—the prisoner was the top of the spars when he struck the blow—Mr. Beattie then struck shoved the prisoner and they both fell; that was after he was struck—ey were facing one another when I saw the prisoner's hand rise; they
were steady enough when I came out, I just observed the hand coming down—it "was so momentary I could not tell whether Mr. Beattie was coming towards him or standing still—I had sold the prisoner a clasp knife that morning—after Mr. Beattie was stabbed I saw that knife, I got it from the captain, I kept it in my chest for several days and it was sent ashore.
Cross-examined. Most of the men in the ship had knives, they could not do their work without—clasp knives were provided for me by the captain to sell to the men who wanted them, to keep them from wearing the open knives—a. man wants a knife for fifty things in doing his work By THE COURT. They do not wear the clasp knives in sheaths;. they are supposed to wear them as men-of-war's men wear them, shut, with a lanyard—if he had no lanyard he could get one on board; I do-not "sell them, but they are in the cabin—I suppose they have pockets to their trowsere—the prisoner told me he had lost his old knife that morning; I had sold him one before; they were both clasp knives—I did not see where he put the knife when I sold it to him.
DANIEL MCNEIL . I live at 83, Cheapside, Liverpool—I was master of the Barbadian, a British ship sailing under the English flag—after discharging our cargo at Buenos Ayres we went on to Java, and on 4th November the ballast was being discharged on the High Seas—I was sick on that day, and Mr. Beattie was in charge of the ship—on that evening my attention was attracted by the hands coming off the poop on deck when they were sloping the awning—when I came down I found Mr. Beattie bleeding on the right shoulder; I took him into the cabin, put my finger and thumb and tried to stop the bleeding; I put three stitches in the wound and bound it up and bathed his temples for four hours and a half—he vomited blood half an hour afterwards and died at 11.20 that same night—the wound was just at the top of the shoulder—I afterwards probed it and found it to be 5th or 6 inches deep and 2 1/2 long—it was such a wound as might have been inflicted with the blade of a clasp knife—the knife was handed to me about 8.30 that evening by Smith, the cook, there were marks of blood upon it—I afterwards gave it up to the Resident at Cheribon to be sent to Batavia—I had the prisoner put in irons till we arrived at Cheribon, where I handed him over to the authorities—I had the log book before him, and asked him if he had murdered Mr. Beattie and he said Yes, he did murder him, in the presence of three witnesses.
'Cross-examined. He remained in irons till I took him to Cheribon, that was four days—the weather was very hot at that time, 84 degrees in the in the middle of the day and 92 degrees at night—he was on deck all day, and was put below in irons at night, with a guard over him—it was the morning after it occurred that I asked him this question, he was still in irons—the crew consisted-of seventeen when we left Greenock—about three were sick at this time, it is a very unhealthy climate—I had ten labourers from the "shore to assist the men in getting the ballast up—at limes the climate is more unhealthy than at others, this was the unhealthy season, the change of the monsoon.
By THE COURT. I was ill with fever, they call it the Java fever, some call it the jungle fever—the prisoner was not at all unwell to my knowledge, he had complained about a week before, and I gave him a dose of castor oil and some laudanum in half a glass of brandy, and he was all right after that—he was not at all excited when I said to him "Hava you murdered Mr. Beattie?" he was quite calm and cool, he never even as much as said said that—he was
sorry—he did not complaim of feeling unwell—he was not ill before he got to Batavia I understand, that was six or seven weeks afterwards.
GEORGE MELLISH (Policeman A 459). On 18th May I received the prisoner in custody from the ship Dim mid—I charged him with wilful murder—finding that he spoke and understood English very well, I read the depositions to him that were taken at the naval court at Batavia—when I read Clark's statement about the knife, the prisoner said "I think that is wrong sir, I believe I threw the knife overboard"—I afterwords gave him into the custody of Inspector Mason.
ARTHUR MASON " (Police Inspector K). The prisoner was brought to the station on 18th May—I read the charge to him, it was the charge of killing Mr. Beattie—he said "I am very sorry for it, I did it, I was sick. I had on a wet shirt, I wanted to change it, the chief officer would not let me, I was out of my senses, and did not know—what more occurred"—I read over the depositions to him and he said again," I am very sorry for it."
GUILTY. Strongly recomended to mercy by the Jury — DEATH .
Before Mr. Recorder.
JOSEPH HEADINGTON . I live at Leytdnstone Road, West Ham, and am superintendant of police on the Great Eastern Railway—on Thursday 17th June, a few minutes before 6 o'clock in the evening, I was in Leytonstone Road—I saw Green there—he is an assistant boiler maker in the employ of the railway company at Stratford—I saw him go into the shop of Wade, who is a zinc worker—I followed him in with detective Harris—I saw Green standing in' the shop—I said, "What have you brought here?" he replied, "This,", holding up a piece of plank that he had—in his hand—I said, I believe you have some of the company's property about you ".—he made no reply—I told Harris to search him—Harris unfastened his coat and vest, and I saw suspended round his neck this square canvas bag, which contained a quantity of copper, screws, and other matters—this piece of perforated copper Harris took from his left hand trousers pocket—I then charged him with stealing the copper the property of the company, and Harris took him to the station—I remained behind in Wade's shop with a constable—I had the shop searched, and a large quautity of copper was found which I believed to be the property of the company, it weighed 1 cwt. 19 lbs. altogether—it is copper that is used in that form on the railway works—Wade was not there at the time it was found, he came in about an hour after, I was then waiting outside and followed him in—I told him that I had found a large quantity of copper that had been stolen from the Great Eastern-Company, could he give any account of it—he replied, "I bought it of a man," I then gave him into Harris's custody for receiving the property—the copper was found in a part of the shop where the shutters are kept closed, underneath some zinc and other metal—I was at the station when the sergeant read the charge to both the prisoners—Green made no reply to it—Wade said, I bought it of that man," pointing to Green—Wade did not produce any invoice or any books referring to the copper—I inquired of his wife, but not in his presence.
Cross-examined by MR. GRAIN. Green has been in. the company's service between ten and twelve months—I do not think he has been a respectable man during that time—I will tell you what I have heard, if you wish it—there are a great many workmen there, and a good deal of copper lying about—the value of that found in the bag is between 5s. and 6s.
Cross-examined by MR. COOPEB. Wade keeps a house in the Leytonstone Road—his shop is. divided into two parts, as. represented in this photograph (produced), one part is open the other part has the shutters up—I don't know that he sometimes works in copper—I know nothing about him—his-wife was there when I first went in.
Re-examined. She-came one and looked up and dawn the road before I went in.
ROBERT HARRIS (Detective Officer). L was with Mr. Headiogtoa, and followed Green into Wade's shop—Green was given into my custody—in going to the station he said, "It is a bad job for me, I must get out of it the best way I can—I went back to Wade's shop and waited till he came in—I pointed out to him the copper that had been found in the house—he said he had bought it of a man—he was then given into my custody for receiving, and I took him to the station—I saw the copper that was found, on Green, it weighed 7 lbs.
Cross-examined by MR. COOPER. Wade said he had fought, the copper of a man, that, he knew the man but not his, name, and at the station he pointed out Green.
EUGENE HARRISON . I live, at Stratford—I know Green—on Thursday evening, about 5 o'clock, I saw, him pick up some copper, from the floor of the machine room where he was at work—I saw that same copper after wards at the station that evening—I could, not swear to it but it is such, copper as is used on the railway.
JAMES COOKSON ; I am foreman fitter in the locomotive works of the Great Eastern at Stratford—Green has been working in the same shed about eleven months—I believe this syphon cup found in Wade's shop to be the property of the company—I have here the pattern, from which, if was cost—Green left the works at 5.30 on that Thursday evening—I watched him and saw him go into Wade's shop and Headington and Harris went in directly after—I believe these pieces of copper to be the property of the company.
The Recorder was of opinion that there was no case to go to the Jury upon this indictment, which related to the copper found in Wade's shop, no larceny bung proved on the part of Green, and the prisoners not being found in communication with each other;
NOT GUILTY .
JAMES COOKSON . When Green left the works at 5.30 on the Thursday evening I noticed that he was very bulky about the chest—I have seen the pieces of copper found in the bag round Green's neck; to the best of my he life they are the property of the company.
THOMAS HESKETH . I am a boiler-maker in the locomotive department of the Great Eastern—Green has been working under me as an assistant—this punctured piece of copper I cut out myself from No. 54 engine about a fortnight before the robbery; I gave it to Green and told him to put it in the cupboard till I wanted it—the next time I saw it was at the police-station.
GUILTY — Twelve Months' Imprisonment.
MR.' RIBTON conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY GOULSTON . I am a ticket inspector in the employment of the North Metropolitan Tramway Company—on 4th July, about 11 o'clock, I was near Stratford Church, Broadway—I saw the prisoner get into a car—I watched him and saw him hustle an old gentleman, he stood in front of him and stopped his way and tried to pick his waistcoat pockets—the old gentleman asked him to let him paas, he wanted to get a seat.—the prisoner did not move—in consequence of what I saw I told him if I caught him on another car I should charge him with attempting to pick pockets—he got into the very next car that followed—I went and told him that I should charge him, he ran away into a urinal—I called a Constable and gave him into custody—he then pretended to be drunk and could not stand; he was perfectly sober when I first saw him and also when he got to the station—he made no answer to the charge, except that he had lost his own watch.
WILLIAM SHARPLING (Policeman K 99). The prisoner was given into my custody by Goulston—he was told the charge; he said he—knew nothing about it and pretended to be very drunk—he was sober when he got to the station—after the charge was taken he said he had lost his own watch—his wife was close behind him and said he never had a watch.
MR. WILLIAMS submitted that no offence was proved. By a decision of the Court for the consideration of Crown Cases Reserved, in "Reg. v. Collins," 33 "Law Journal" 177, it had been held that, in order to make out an intent to steal, something must be shown to be in the pocket of the person upon whom the attempt was made, and there being no such proof here, nor any count charging a common law misdemeanour, the prisoner was entitled to an acquittal. The Recorder—There is certainly no evidence of anything being in the pocket, and as the indictment charges an intent to steal the goods, chattels, and monies there being therein, the allegation is not made out and the prisoner must be acquitted.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
ADELAIDE SHENTON . I am sister to Mr. Shenton and live with him at Kent House Villas, Lower Sydenham—on Wednesday night, 12th May, between 8 and 9 o'clock, I fastened the back kitchen window, closed the inner shutter, and put the bar across—I went to bed at 11.30, and the house was then quite safe.
FRANCIS KINGSTON JOHN SHENTON . I am superintendent of the Literary Department of the Crystal Palace, and live at Kent House Villas—on Thursday, 13th May, I came downstairs, about 6 o'clock, and found the
kitchen window open and property strewed about—there was every sign of a robbery having been committed; the window fastening, bad been forced and the inner shutter forced—the iron bar—which fastened it was broken away—I found one china figure in the kitchen and missed three others from the drawing-room—there was some other property which had) been brought into the kitchen from the drawing-room and left there—I missed a top coat,—a walking stick, a pair of boots, and some other things from the hall—in the kitchen a good deal of linen was on a horse near there fire from that nearly all was taken that was not marked—the images which were in the drawing-room were figures of the four seasons—they were old Bow china, and—are worth 20l. a piece—this is one of them (produced)—on the 2nd June I went to the Penge police-station and saw the prisoner there in custody, and I recognised the boots—he was wearing as those I had missed—he said he had purchased them a month previously at Watford, at a second-hand shop—an old pair of—boots had been left behind in the house, and also a dirty collar—the articles stolen—were worth 10l., not including the figures.
NATHANIEL BARNES . I am manager to Mr. Leo, pawnbroker, of 49, Stanhope Street—on Saturday, 15th May, the prisoner brought me four china figures which he wished to pledge for 10s.—I said "-Who do they belong to?"—he said they were given to his wife by her mother—I said "Well, what will you take for them?"—he said "What will you give for them?"—I said "I will give you 2l.—he gave the name of William—Smith, 63, Stanhope Street—the same day I saw them in the pawnbroker's list, and I gave information to the police—on 2nd June the prisoner came again with this figure (produced) and wanted me to buy it—I sent for the ported and gave him into custody.
JAMES FRENCH . I am assistant to Mr. Davidson, pawnbroker, Waterloo Road, Lambeth—I produce a coat pawned at my shop on the 13th May: for 8s., in the name of Smith; also two sheets pawned on 15th May for 4s. in the name of Jeffries—these are the tickets from our shop delivered to—the person who pledged.
WILLIAM ELCOMBE (Policeman'P 191). I found the pawn ticket relating to the shirts in a room at 76, Tower Street—I followed a man and woman there, the prisoner was not there—I found seventy-five-duplicates there.
By the Prisoner. I found them in the front room which, I believe, was occupied by your wife.
GODFREY FIELDER (Detective P) On 2nd June 1 found the prisoner at" Albauy Street police-station, where he was detained—I took him to Peagc and brought Mr. Shenton to see him—he immediately identified the boots the prisoner was wearing; the prisoner said he bought them at Watford out a month before—en the—way to the station he said that the china figures were given to him by his mother to pledge—just before he got to page he said it was not his mother; it was a woman in the "Mother Red Cap.
the ctting of the house, 7s, Tower street—I let it to the prisoner at the end of Jaunary List I have since received the rent from a female.
By the Prisoner. I don't know which room you let, or which you occupied.
Prisoners Defence. I occupied the house at 76, Tower Street, and Jet out a great part of it, and the party who had taken that room bad gone away and left a lot of rent—the things were left in the room which the constable found and I tried to get money on them, to pay the rent I am not connected with the burglary. I never was near the place.
MARY FRENCH REED . I am a widow, and reside at 48, Tressilian Road, Lewisham in the same house as Mr. Turner—on Wednesday, 21st April, I fastened the back drawing window—on the morning of 23rd I was called up by a policeman and found the window wide open—I missed several china ornaments.
BOBERT ALDERSON TORSER . On the morning of 23rd April I was knocked up by the police, and missed from the house two bronze figures, four china figures, two small china trays, two china jugs, a vase, one sofa rug, and sundry articles from my wife's work box—I identify this thimble and bodkin the value of the things was 60l.—I Found a screw driver on the sofa.
GUILTY He also & PLEADED GUILTY to having been before convicted in September, 1873— Seven YearS' Penal Servitude.
Before Mr. Recorder.
MR. MOODY conducted the Prosecution,
EDWARD TAPPENDEN ; I keep the Barrack Tavern, Woolwich Common.—On 15th June 1 discovered that A case of wine at the back of my premises had been opened and part of its contents were gone—I gave information-to the police and a constable named King came and watched at my place—I believe the bottle of wine (produced) to be mine—I could not swear to it particularly—it is the same kind of bottle as those contained in the case—it is sherry its value is 4s. 6d.
JOHN KING (Policeman R 106). About 8 o'clock' on 15th June I went to the last witness's premises and watched the case of wine that was pointed out to me—I saw the prisoner go in to the closet—I heard the lid of the case move—I pushed the door a little on the jar and saw the prisoner take this bottle out of the case—he then put the lid down again and placed the bottle on top of the lid—he then commenced to unbutton his jacket and
trowsers as though to place the bottle in—at that time there was a great rush with soldiers in the passage that I was standing inland I at once went into the closet, apprehended the prisoner, and handed him over to the custody of another constable in the taproom—there was a great number of soldiers very rough and violent.
JOHN LONG . I am a waiter at the Barrack Tavern—as I "was going upstairs I saw a man go into the closet; I remained on the' top of the stairs until he got into the closet—I then went up into a room where there is a window that opens over the closet, "and where there is a grating—I opened it and saw Woods open the case with his right hand and take out a bottle with his left he was in the act of putting it in his trowsers when the door opened and the detective collared" him.
Cross-examined by the. Prisoner. You were given "in to my custody at the taproom door—it was four or five minutes before he "came in again—two more prisoners-were brought in.
The Prisoner called
CHARLES GEAT . I was present when "the prisoner was taken—I had been with him about three quartern of an hour—I went to the public-house with him—he left the barracks-"with me, and we went to the tavern 'together.
SERGEANT HENEEY gave the prisoner a good character.
MORETON PLEADED GUILTY , He received a good character. Seven Days' Imprisonment.
MR. MOODY conducted the Prosecuted-
JOHN KING (Detective) Officer R). After—I had taken Wood I resumed watching the case of wine—I heard the lid of the chest move again I waited two or three minutes—two other soldiers went into the same closet, making four in all—as the prisoner's came out one at a time I put them into the tap-room and put them under the-charge of the other constable—I put the other two in as well when they came out and searched them but found nothing on them—they said they knew nothing whatever about it and I let them go; I searched Hearsey, but found nothing on him—I found this bottle (produced) concealed inside Moreton's jacket and trowsers—I could not see what took place inside the closet unless I Irashed the door—I did so upon the first occasion, but not the second—Moreton and Hearsey came out together, the tap-room is close to the closet door—I found the wine on Moreton, while Hearsey was a prisoner—I asked Moreton how he accounted for having it in his possession—he said he did not know—Hearsey was sitting close beside him at the time—he did not say anything.
THE COURT considered that there was no evidence that Hearsey was—acting in concert with Moreton
HEARSEY NOT GUILTY
Before Mr. Common, Serjeant.
MR. POLAND conducted the Prosecution; MR. SAFFORD appeared for Neate and Bolwell and MR. BESLEY for Keen.
ISAAC JOHNSON . I am a broker and general agent of 1, Duruson'a Cottages, Latimer Road—on Wednesday, 28th April, about 9 p.m., I went to Edgware Road Station, and took a single third class ticket to Latimer Road, of the prisoner Keen—I gave him a florin, and he gave me a shilling, a sixpence, and fourpence, which I put in my pocket—I had no other money there—I went home by train, and next morning went out with the change in my pocket—I received no money during the day—I went to the Yorkshire Stingo during the day, bad some rum. and water and paid with the shilling—the barman broke it in my presence and returned it to me, and I found it—was bad—I bad to borrow 6d. to get home with—I afterwards went to the Edgware Road Station, saw Keen and said "Yon gave me a bad shilling Just night"—he said "You should look. at your change I shnu't give you another"—I went home—and afterwards saw something about this case it) the paper and. went to Lambeth Police Court—the shilling broken by the banrman was given up to the inspector.
Cross-examined by. MR. BESLEY, I travelled nearly every night for 12 months on the railway from Edgware Road, never from any other station—I generally went about the same time within an hour—When 1 returned cm 29th. April to speak, about the,-bad shilling; I looked through the little window; where tickets are issued-r that wight be-past 9 o'clock—I saw Keen there—It was not a man. behind in-who said "Jou should, have looked before you took your' money"—Qix the, 30th. I went to another window and spoke to one of the officials—I don't know whether there were two persons there—I only-saw one clerk—I did not say that L could not tell which of the two clerks 1 gave it 'to—I knew who it was, and I said." I am afraid 1 hare lost my shilling," and" one of the officials who took me to the window said he was afraid so too—When I-went to Lambeth police-court I saw a man in the dock as soon as—I entered THE JURY. and said "That is the man"—L-do not think I said "I believe he is the man," but I will not swear it—I had pointed' out to the official the man who gave me the coin at the window.
Re-examined. On the 30th—I complained to an officer at the station and he took, me to another window, where he-told the clerk about my having received a-bad shilling—One of the clerks at the window said that if he had given.-me the bad shilling he would give me another one for it, but that was not Keen.
By MR. BESEET. The official was a stout man who bas-left—It was net Manning, but a taller man Pressed in uniform—the other clerk was a thiu man.
Cross-examined by MR. BESLEX. It might have been in May or earlier in April but I only took one shilling of Johnson.
MARY ANN YARRIES . I am married, and live at 95 Lisson Grove—On 4th May I went to Edgware Road station and took a third-class return ticket to Hammersmith of Keen—I gave him a shilling and he gave me sixpence and Id., which I put in my pocket where I had no money but what was in my purse—I afterwards went into a shop in Barnes and paid with the sixpence I had received from Keen—the shopkeeper broke it in my presence and gave the pieces back to me, and I gave them to Chambel-lain on 13th May—on the following day I went to Edgware Road station
and saw Keen in tbo office—a little boy gave mo my ticket—and I said "Don't give me any moro bad money to-day"—he said, "I did not; I slid "No, that gentleman sitting there did," that was Keen be got up, came to the window, and said "Have you got it with you 1 "I said No, I will bring it"—he said" Do," but I did not—I told Mr. Quinneya friend of mine.
Cross-examined by MR. BESLEY. Quinney is-not' connected' with, the police, he is the Coroner's officer for Marylebone—I do not serve coroner's summonses for him, but I take round-papers and notices I saw-Chamberlain on the Thursday about a fortnight after I have "travelled from Edgware Road-.'Station—every Monday for two years to collect rents I do not sometimes go to Baker Street, always Edgware Bond am-positive I took the bad sixpence on 4th May, because—I went—to clean some. houses at Barnes for Mr. Quimney—I wanted the Hammersmith' ticket etc get to Barnes—I noticed the sixpence because I thought there was dirt on it.
He-examined. Barnes is on the ether side Of Hammersmith Bridge—I always put change in my pocket not in my purse.
HENRY SAMWAYS CARR . I am auctioneer of 42, Homer Street, Maiyle-bone—on a Friday in Aprils I think it was the 16th, I wet to; the Edg-ware Road station and took a, ticket of Keen for Moorgate Street which came to 6d. I put-down a half-sovereign and he gave me 9s. 6d. change—cuafige I Lad no other money and I received none in the city-7—I went into a tavern and called for a glass-of ale and a-sandwieh—Lput down one of the shillings I had received from 'Keen and the barman-asked'm'e'how-many more I had got—'I-'pulled' out the 8s. 8d. and laid it—on the bar before him;—I found that the one—I had given (him was bad—J' took it back, wrapped if in paper, marked it, and afterwards gave it to Inspector Hoskisson—I went the same afternoon to Edgware Road station and, told Keen that he must have given it to me; he-said that I—must be. mistaken they did not give bad money at railways-and I should look at my change.
Cross-examined by MR. BESLEV. I ride to Moorgate at least: five or six times a week and sometimes-five or six-times a day, taking a return ticket every time—I "sometimes start at 8 am. and sometimes not till 5 clock—I know the time I started on this day because I had had no lunch.—I think it was on 16th April and will' tell you-why; ixadcarsale,-ai my own rooms on the 11th and am certain that it could not have been on that day—I have a sale every alternate Tuesday and sometimes I go to the llth-April—was on Saturday it must have been on the 14th—the 16th was Friday—it was not on Friday, 9th April, because I know where I was on: the 9th—I do not beleve it was on Friday)., the 23rd. because I had no sale and had-nothing to do in the City' that lay and I had something to do on the 16th—it might have been the,. 23rd won't argue about it—it was early in the morning—I went to the station again at a little after two o'clock—I did not go to any police officer—I put the shilling in my pocket and kept it there till Inspector Hoakisson came and asked me if I had got it any bad money, because I-had spoken about the Stiugo Tavern—the police took me over-to Lambeth and I found Keen in the dock with the other two prisoner—I knew it was the bad money case.
DELAMARK FREEMAN . I am a surgeon of 2, Chepstow Villas, Bayswater—in the last week in April I went to Edgware Road station and took a first-class return ticket to Notting Hill Gate—Keen gave me the ticket and I gave him half-crown—he gave me a shilling and a sixpence
change which I put in my pocket where I had some half-crowns but no other shillings—I gave that shilling to ray wife, she returned it to me next day, it was bad and I cut it open—in the first week in May 1 took a first-class return ticket to Bayswater at the Edgware Road station from the same clerk; I give him a florin and he gave me Is. change which I put in my pocket, I examined it the same afternoon and found it was bad—I gave it to Inspector Hoskisson.
Cross-examined by MR. BESLEY. I was not examined before the Magis trate; I got there too late—the earliest occasion was after 13th April, it was the last week 'in April—I do not know the day of the week—it was between 12 and 3 o'clock—I will not swear that it was before 1 o'clock or that it was not—the-second' occasion was about 1 o'clock—I will not swear it was before 1.30, it was before 3 o'clock, but I cannot say that it was before 2 o'clock though my impression is that it was—the police did not come to me, I went to them—I went to Lambeth and saw the prisoner in the cells with some more men—I was taken round by a policeman, I don't know his name.
WILLIAM CHAMBERLAIN (Detective Sergeant L), In consequence of directions 1 received I commenced watching the prisoners about the middle of February—I have seen—Keen and Neave in company fere or six times—on 28th April, about 2 o'clock, I saw Neave at Edgeware Road Station—he went 'to the window of the booking-office and touched the loop-hole door, which was open, with a little stick—he spoke to Keen, who came out a minute afterwards into the street and joined him—they went a few yards from the Station under some hoarding—I was in plain clothes—I saw Neave take a paper parcel from his inside' breast pocket and hand it to-Keen, who put it in his pocket—Neave then took a second parcel from his pocket and banded it to Keen; they then went across to the public-house, just opposite the railway, and drank together—they came out, and seven or eight yards from the public-house I saw Keen counting some money into Neave's hand—Neave then put his hand in his pocket and they went into the booking-office—Neave went inside, where the other clerk's were—a shoeblack boy was standing outside the station; some one Called to Mm through the loop-hole and handed him something through it—he went to the public-house and returned with two tins of beer, which, was handed in through the loop-hole—I afterwards saw the boy go half-way down to the platform—the ticket collector then came up to the window, and the boy then went down on to the platform, and they both had beer out of the tins—Neave remained at the office, I should think, five or ten minutes—I went away for a second and I am not quite sure whether I saw him leave or no—on the same evening I went to the loop-hole and took a third-class single ticket to Westbourne Park; Keen gave it to me, and I gave him a half-crown—he gave me in change a shilling, two sixpences, and fourpence—I showed the change and the ticket to another detective, Jupe, and afterwards to Campbell—I examined the shilling and found it bad; this is it (produced)—I received this sixpence from Mr. Garner—the first time I saw Neave and Keen together was on 1st April, on the platform at King's Cross Station, where Neave got out of a train and spoke to Keen—I also saw them together at Baker Street Station on 12th April—Keen was on the platform when Neave arrived—on April 23rd I saw them at Edgware Road Station—Neave tapped at the window, Keen came out, and they went down on the platform, but I had no ticket and could not go down, so I
missed them—I have spoken of the 28th—I did not see them. together on Sunday, 9th May—on Tuesday, May 11th, I followed Neave from; 7, Mill wood Road to Edgware Road Station; he went to the loop-hole walked about the station some time, returned a second time, and booked in and then went away, and was gone about half an hour—while he was gone Keen and another young man came into the office, and then Neave came back—I went to the window and spoke to Keen; I looked, round and saw-Keen make some sign, and Neave then walked away to Chapel Street, and another officer followed him—other officers were. on the, watch in; plain clothes—I afterwards saw him go into No. 7, Millwood Street—I was inside the house at the bow window, and when he came in I took him in custody and took him upstairs to the second floor—Hoskisson and Campbell and Jupe then came in—Hoskisson said "We shall take him into custody for dealing in counterfeit. coin," and he was told that he would be charged. with the manufacture of it—after a little time Bolwell came to the door, and Campbell brought her upstair—Neave said "This poor, girl does not know exactly what is going on'; she don't know the meaning of it; there are others an it besides me, who are worse than I am"—I said "I know there are others in it, I have been following; you for two or three months; I saw you at Edgware Road Station to-day, and I saw you there on the 28th"—he said "I don't know the, dates; I have been seen so often this afternoon I was going to leave him a large number, which were found in the bag, and when I arrived there he was not them"—I don't know whether that was said in the house or in the cab—Bolwell produced a key and the room was searched and; bad money, moulds, and other things were found—Neave was taken away in a cab, in which he said "I am sorry for her, poor girl, she has been in service; she don't know the meaning of what I was doing, I was about to get married to her"—I think he said "On Whit Monday we were asked in Church, at Waterloo Road"—he said that he had taken a lot to Keen that morning but saw "him" there, that was Cambell and he, thought there was a tumble, so he went away and returned in the evening at 8 or 9 o'clock, but he had not got it in his possession, though it was very close there—he said "I went to the window to Keen and asked him if he had seen those men about since—he said "No, have you got, it, with you now?"—he said "No, I should be a fool, I can give it to you if you like to come out"—Keen said "I cannot get out now, I will meet you to morrow at the Angel at Islington at 12 o'clock—Neave also said "I was, introduced to Keen by a barman in a public house very close to Moorgate Street Station—I used to supply the barman previously to being introduced to Keen and he told me he used to supply Keen—one Sunday morning, at the end of January, I went with the barman to Baker Street Station and there he introduced me to Keen"—he said that the barman, told him that one of the clerks had either been apprehended or had absconded from Moorgate Street Station for passing bad money and he was afraid to take any' more, but he said "You can take, if yourself"—Neave said that he had supplied Keen three or four times a week, and: used to take him sixty or seventy each time—I have been to various stations, to-Swiss Cottage Where he was a fortnight and was expected again, and then he mentioned Baker Street and Edgware Road and other stations—Neave said "Keen said 'I wish you would get me some smaller, coin, sixpences, and shillings these are too large, I have got a lot by me now; I cannot get them faster, why don't you learn to make them yourself?"—he said "Well, I don't know how, I
should have to find somebody to teach me, "and I did learn to make shillings and sixpences"—he said "Since I have been supplying him I have been supplying about 500 a week for some time"—that was after he had learned to make them, and he said that some one else was supplying them as well as him—he also said "Last Sunday morning I took him a load, I took seventy sixpences and forty shillings;" I think that was it "to Edgware Road Station"—Neave told me that Keen said "You can come to the station now, as they have a clerk that is all right;" he had told me that previously—he said "I handed them to Keen and the other clerk described him as a fair man with a thick moustache, about thirty years of age"—he said "One of them said 'We should like them a little brighter round the edge,' and I remained in their company there from 11 o'clock till the second train went, and during that time I was brightening up the edge, and during the morning the other clerk handed Keen some bad florins, and Keen said, "I expect another clerk here shortly, he is coming for some, bring as many as you can on Tuesday, for we shall want a rare lot for the Whitsuntide holidays; in the meantime I will inquire of the other clerk how many we shall want and I will let you know on Tuesday, Keen goes by the name of Keen at the office, but he is going by the name of Murrell at 8, Islington Green; if you go there, no doubt, you will find a lot of florins; I know he has got some by him, if you don't find' them there his friend, the clerk, over at Victoria Station, will have them"—I think he said that he had 150 pieces on Tuesday which were for Keen, but he did not leave them, because he was afraid and the young woman carried the bag and brought them home—Keen was not in custody at that time—Neave said "There are a number of clerks concerned in it; I don't know their names, but one who came after that on Sunday was a tall dark man with a dark moustache; wearing a light coat, he came into the office just as 1 came out, but I am not sure of his name;" he mentioned a name, but I have forgotten it—Neave and Bolwell were locked up—on Thursday,' the 13th, I went with the officers at 10 a.m. to Edgware Road Station to take Keen—the clerk Manning, was there, and another man—I knocked at the office door and heard some one call out "Look out," and immediately afterwards I heard a bolt go; I had hold of the handle—Hoskisson went to the window and said that we were police officers and wanted to come into the office—he said he did not care who we were—I went down on the platform and saw' the inspector, who came up, went to the window, and said something to the clerk; he refused to open the door, and Manning said to the inspector "You can go to hell, or where you like, you won't come in here"—Keen was inside at that time—I heard Hoskisson say that we were police officers—I got into a cab and went to the secretary's office, 32, Westbourne Terrace, and brought back the chief clerk—I was away about an hour, and when I came back one clerk was outside detained by one of the officers—when the chief clerk spoke to the people in the office the door was opened and I went into the office; Keen was there and Mr. Hoskisson told him we were going to take him in custody for being concerned with another, or two others, in uttering counterfeit coin, and I said "On 28th April, about 8.30 p.m., I came to the window here and asked for a third-class single ticket to Westbourne Park and gave you a half-crown; you gave me a shilling, two sixpences, and four pence, and you gave me a bad shilling"—he said "No"—Mr. Manning then said something—I produced the ticket and the shilling—Manning said "What is the number of the ticket?"—I said "6050"—he referred to this book (produced) and said "Yes, Keen, you
were here"—Keen said "Yes, that is right, I know I was here." and he went into another office—he was taken in custody.
Cross-examined by MR. SAFFORD. When Neave went out of the railway station on 28th April he went into Chapel Street, but I did not follow him, and do not know what he was doing there—Keen followed him. and he went just outside the station after he had spoken to Keen—Chapel Street is just by the station—Neave was not near the station when he was taken in custody—they both on the 28th went into a public-house opposite the station—I forget the sign—I did not go in, but the door was open, and I could see them drinking—I was at the station door about, 50 yards from them when they went in—the public-house is not directly opposite the station, it is about 40 or 50 yards down—the doors were both set open—the packet had passed near a hoarding between the public-house and the station—I was then 15 or 20 yards away, on the same side as the station, and they were on the same side—it was a very small paper parcel, and a second paper parcel passed—Neave made part of his statement before he was put into the cab and part in the cab and part after he got to the station—I was present when he made a statement at Horsemonger Lane—he made the statement in the cab of his own accord—I did nob tell him it would be better for him—he asked mo when he was making the statement whether it would be better for him—I said "It may be better for you I don't know"—he told me that Murrell said to him "Why don't' you make them your-self?"—to the best of my belief he did not say that Murrell said "If you do not make them and let us have them I will split upon you"—he did not say that he had never supplied anything to anybody before Murrell, on the contrary, he said that he was supplying a barman—he said that he would not have done it if it had not been for Murrell persuading him.
Cross-examined by MR. BESLEY I was examined either two or three time at the police-court—the fristtime was against Neave and Bolwell only on 12th May—they were remanded for a week—Keen was not taken till the 13th, and he was then remanded till their remand day—I think I was examined on 19th May-if I was called again on 26th May, my examination was very short indeed—they were, I think, again remanded for a week, and committed for trial on 2nd June—I never saw Keen in the booking office at Baker Street, only; on the. platform—I also saw him at King's Cross, but not in the booking-office—the 28th on, this ticket, but I saw him on the 23rd in the booking-office, Edgware Road—I was present when he was taken in custody, and went with him and Hoskisson and Camp-bell in the cab—I have not been told that Neave went by the name. of Bolwell—I did not hear Keen say that he did not know anybody named Neave, but he knew somebody-called Bolwell—I did not say "Neave has opened proper, he told us everything—I said that he had made a statement—that was at our station in Kennington Lane—five or six persons were. present—I can't say who—I believe Sergeant Denton took the charge, but it was not while the charge-was being taken that he made that statement—I never said to Keen or to anyone else to my knowledge that what Neave ha 1 said would take seven years off his time; I may have said that he bad made a statement which would do him good, no doubt I have said that—I think 1 said so to Hoskisson as we were leaving Horsemonger Lane gaol—I don't know whether the warder was there—it was on the day the statement in writing was made, he went back to his cell and we were coming out—I may have said that I thought it would take some time off his sentence
—when we took Keen in the cab I had not heard the statement made, we had not that statement down till the 15th—I told Keen that Neave had made a statement, but I am not sure whether I said that it implicated him—I did not say that I knew about the man at Moorgate Street being discharged, I said "I believe there are others in it as well as you," but I did not say where—he asked me a number of questions, and I refused to a answer—I said to Keen" Neave has made a statement implicating you and others"—that was in answer to a question—I did not refer to a clerk having left Moorgate Street or to a booking clerk at Victoria—Keen sent for me and began to make a statement after he was locked up, just after he had been before the Magistrate—I went to his cell—I did not say that I had been sent for because he made no statement, he only asked me to send him in some beer and something to eat—when we had a difficulty in getting into the Edgware Road Station we said that we were officers—after a superior officer was fetched Keen said that he thought it was a County Court officer on a judgment summons, and told me that he had been security for someone and had to remove his goods, and he was afraid they were going to take him—when we got access to the office we found nothing there—at the time that the shoe black was sent for the beer Neave was in the office, in the actual place where tickets are issued; I could see him through the loop hole, and Mr. Manning, and a young man whose name I think is Cox, and the ticket inspector—this was about 2 o'clock—I fix the date positively by the date on the ticket I obtained—the beer was not drunk in the little room where they have refreshments or I could not have seen it, but in the booking office.
Re-examined. I went to Horsemonger Lane Gaol because Neave wrote a letter for me and Hoskisson to go and see him; he then made a statement, which Hoskisson took down in my presence, and he gave a description of other persons making coin—as I came away I said that I thought it would do him good.
JOHN HOSKISSON (Police Inspector L). On Tuesday, 11th May, I saw Neave and Bolwell inside the Edgware Road Station—I followed Neave to 7, Millwood Road, Camberwell, at about 11 o'clock p.m., and saw him go in—I went in and told him he would be charged with possessing a quantity of coining implements and some counterfeit coin—Bolwell afterwards came upstairs, and I caught hold of a bag which she was carrying and said "What have you got here?"—she made no reply—I took it from her hand and took out of it 147 shillings; there were thirteen packets of ten each, and one packet of seven (produced)—there was also in the bag 22l. in gold, two good shillings, two good sixpences, and some other good money—she gave a key to Campbell, with which he opened a bedroom on the same floor and went in—I saw a handkerchief found between the bed and the mattrass, containing seventy-four shillings and fifty sixpences, and a packet was found at the foot of the bed containing ten shillings—a double mould for making two shillings at a time was found behind a box, and another for coining two sixpences at the same time—those appear to have been the moulds for making the coins; they are the same date—I also found in a cupboard in the sitting-room a galvanic battery, some clamps, acid, and all the necessary appliances for making counterfeit coin—I saw two red book, bound, one for that house and one for the lodging at Blackfriars—Bolwell and Neave were taken in custody and remanded, and on the 15th, in consequence of a letter I received from Neave, I went to Horsemonger Lane
Gaol, showed Neave the letter, and asked him what he wanted—he said' "I wish to make a statement"—I said "What you do say I shall have to take down in writing, and I shall request you to sign it"—he said "Very well"—I said "You can tell me what you like"—he told me a number of things, and I wrote them down—the last sentence was "This statement is made of my own free will," and then he signed it—on Thursday, the 13th, I was at the station and saw Keen through the window, and the principal clerk and Manning—Cox said "I am an inspector of police, these are police officers; I hare come to take this man in custody for uttering counterfeit coin"—Manning said "I don't care who. you are, governor, you won't come in here"—I said "I must go the head office"—he said "I don't care where you go; you may go to hell"—I went to the chief office and returned and got admittance—when the charge was made the railway ticket was produced in Keen's presence; he said "What is the number and date?" V—the ticket was shown and the date, and he said "I will soon see whether Keen was here then"—a book was produced and the entries of that day referred to—Keen saw something and said "Oh, that will do"—on the way to the station in a cab Keen remained silent at first, and then said "What did you say I was to be charged with?"—I said "You will be charged with uttering and dealing in base coin in connection with two persons, a man and a woman"—he said "Is it that man that was at the office on Sunday morning you are going to put me in for?"—I said "That man was at the office"—he said "That man I bought this coat of which I am now wearing"—Chamberlain said "Why, you were wearing that coat on 28th April"—Keen said nothing to that, but he said "I hope you do not think I had anything to do with keeping you out of the office this morning? there is Mr. Manning; you may find a better, man than him, but you can't find a bigger scoundrel; my heart is too big to-round, and I shan't round"—I produce three shillings, which I received from Johnson, Carr, and Freeman.
Cross-examined by MR. SAFFORD. Bolwell and Neave said that they were iving together as man and wife—I found 22l. in Bolwell's possession.
Cross-examined by MR. BESLEY. I was present when Keen was taken, he asked several questions in the cab and I answered them—I never heard Chamberlain say that Neave had made a statement implicating him and others—the sending away a clerk from Moorgate Street, was not mentioned—Chamberlain never said in my presence that Neave had made a statement, and It would dimmish the amount of his punishment and be better for him—I never heard him say so, on the day the statement was signed—no one said that they were sorry for Neave, as he had been made a tool of—Chamberlain may have said to me privately after Neave's statement had been taken down and signed "That is a good thing for Neave, it will take off some of his time, "but not in Keen's presence—I have some recollection of something of the sort being said as we came out of the prison—Neave was not told in my presence that Keen had made a statement implicating him and others—I will swear that—if it was in my presence, it was not in my hearing—I saw nothing of the pots of beer.
WILLIAM HENRY CAMPBELL . I have been a police officer, and am now employed by the Mint—I got information that Neave should be watched—I knew that he lived at 2, Knight's Place, and afterwards at Millwood Road—on 28th April, Chamberlain showed me a railway ticket and a bad hilling, and I put my initials on it—on Tuesday, 11th May, at a little
before" 2 o'clock, I was at Edgware Road Station, and saw Neave come up from the platform to the booking office—I afterwards saw him go to the window and then saw him again on the platform talking to Bolwell, who had a black bag in her hand—I saw them separate—I was present that evening when Neave and Bolwell were taken—I said to Neave "Are these three rooms yours?"—he said "Yes"—about five or six minutes after we went in Bolwell came and I went down and let her in, and when she got to the top of the stairs Hoskisson took her bag from her—I tried the three doors and found them locked and she went to a sideboard or mantelpiece, took out a key, opened the door and went in—I turned up the bed at the bottom, but there was nothing there—I afterwards looked in between the mattrass and the bed and found a white pocket handkerchief tied up in two corners, with forty-seven coins in one corner, and fifty sixpences in the other, and at the bottom of the bed was a pocket with ten more—I asked Neave if that was his bedroom, he said "No," it was a lodgers, but Bolwell afterwards admitted that it was her bedroom—I also found a galvanic battery, and all the appliances for making bad money in the front room—I searched Keen's lodging, 8, Islington Green, but found nothing—I was present at Keens' arrest on Friday, and on the way to the station he wanted to know from Mr. Hoskisson what he was going to be charged with, and I said "Does Mr. Manning know about this?"—he said "Yes, he knew all about it—he is a great blackguard, but I have not the heart to round upon him."
Cross-examined by MR. SAFFORD. Bolwell was quite willing to show me the room, she made no objection—she was living there as Neave's wife.
Cross-examined by MR. BESLEY. Chamberlain may have said to Keen in the cab "Neave has made a statement implicating you and others," but with the rattling of the cab I could not hear distinctly—I did not go to Horsemonger Lane—Chamberlain has never said to me that it was a good thing Neave making a statement and that it would get him off some of his time, I never heard of it till we had been at the police court twice—some person in the precincts of the Court said it, I don't know who, and I am quite certain it was untrue, because Chamberlain would not be likely to say such a thing from the long time he has been in the police—I heard it said that he had said so, that must have been after the first remand—I heard it from some quarter when the prisoners were before the Magistrate before they were committed—I heard that Neave had said to Keen that Chamberlain told him that in consequence of Neaves' statement to Chamberlain it would be likely to mitigate his punishment in some way—I heard that the statement was made by Neave in prison—I did not believe that Chamberlain would be foolish enough to say so as he would be very likely to get himself into serious difficulties—he did not say it to me nor to anybody else, that I know of.
HENRY JUPE (Policeman L). On 28th April I was outside the Edgware Road station and saw Neave hand Keen two parcels one after the other; they then adjourned to a public-house where they had some refreshment and came out and I saw Keen give Neave some money—they then went back to the booking-office and both went in and the shoeblack boy went for some beer—I saw Chamberlain take a ticket the same night and receive change for a half-crown—I saw Keen at the booking-office on the Tuesday when Keen came and spoke to him.
Cross-examined by MR. BESLEY. It was 2 o'clock when the shoeblack boy brought the beer in two cans—I went and called somebody.
WILLIAM WEBSTER . These two shillings uttered to Chamberlain and Johnson are bad and from the same mould—I have examined the whole of the coins in the case and they are bad—some of the 147 in the bag are from the same mould as the two uttered and there are forty-three of 1856 from one mould, the same as those uttered by Keen to Chamberlain and Johnson—these ten found at the foot of the bed are of 1856 and four of them are from the same mould as those uttered to Chamberlain and Johnson—these sixpences are also bad—here are double moulds for shillings and sixpences—the officer showed me a shilling and & sixpence which came from those moulds—this sixpence uttered to Mary Ann Yarrien is bad—these two shillings uttered to Carr and Freeman are bad but not from the same mould—I have seen the clamps, the battery and the acid, here is every thing complete for making counterfeit coin.
Neave's statement was read as follows:—Horsemonger Lane Gaol, 15th May, 1875. I am desirous of giving some information with reference to the disposal of counterfeit coin. I first began to carry for a man named Bill Smith in January or February last, and was introduced to a barman near Moorgate Street Station who bought of me and supplied the clerks in the booking-office there. One of the clerks was dismissed or absconded in February I think—The barman then said he would not have anything more to do with it, but took me to Baker Street Station one Sunday morning in the beginning of February and introduced me to a clerk named Murrell or Keen. I then began to supply him with things which I had from Bill Smith, who was agent for 3 makers, one called Little Ben, one Harry Drake, and the other Ted Kelly. I supplied Murrell with about 200 florins and shillings, which he got rid of himself. I used to go into the office to him, and if anyone was there I would sell him some article of clothing which I always carry with me. He was then at Baker Street Station. I went about three times a week, carrying him sixty or seventy pieces each time. He then asked me to get him some smaller pieces, such as sixpences, as he said he had someone else who would take them at Victoria Station. I told him I would try and do so, but could not then get any. I got him more shillings and took him about 300 a week. He told me he had a lot of florins by him which he could not get rid of. After going to Baker Street for some time he was removed to several stations, and remained at the Swiss Cottage for about a fortnight, and I continued to supply him at each place. He asked me to get him some sixpences, and when I told him I could not, he said "Why don't you try and make them yourself?" I told him that I did not know how unless someone learnt me. I was on the Dials one day and saw an old man whom I knew to be a maker of sixpences. His name is Cummings, a very old man. I asked him if he could let me have some sixpences. He said "No, but i'll learn you how to make them if you'll give me what is right, because I am hard up." I promised to do so, and the next day he showed me the way to make a mould, and the following day how to mix the metal, and the proper way to make them. He brought with him a battery, some solution, and the whole of the necessary things for plating them over. I did not make myself for nearly a fortnight, but continued to have things from Bill Smith till I moved away from Blackfriars to. Camberwell, and then I told the clerk (Murrell) I would try and make him some sixpences, as I had learnt how to do it. He said "All right, bring as many as you like." I made some sixpences and shilling and met him at King's Cross two or three days running. He then told me the other clerk who was on
duty with him was all right, and I could come to the office at Edgware Road Station. I think that is about three weeks ago, or may be more. He told me to make as many as I could as there were several of the other clerks doing it at other stations, one at Victoria. I have been taking him about 500 a week for the last three weeks, and he told me he could do with twice as many more. Last Sunday morning I took him eighty sixpences and about forty shillings. I went into the office about a quarter to eleven and remained there till one o'clock. Murrell and another clerk with a thick moustache were there. I handed Murrell the sixpences in presence of the other clerk, who received forty of them, which he put into his pocket, at the same time taking some bad florins and shillings from his pocket, which he handed to Murrell. Whilst I was in the office I rubbed up the edges a some shillings and sixpences for both of them. At about 1/2 past 12 Murrel told me that another clerk was coming to fetch some bad money and said "We shall want a rare lot of things next week for the holidays." He meant bad money. He told me to bring as much as I could by Tuesday, and he would then tell me how much they wanted for the Whitsun holidays. I said "All right" Just before I left another clerk, tall, wearing a light coat, came in. I knew the time that Murrell came on duty. He had told me. On Tuesday, (nth), I went with 146 or 147 shillings for Murrell, but as he was not there when I arrived at 10 minutes to 2, I took a walk, and came back in about twenty minutes, when I went to the window and saw Murrell, who asked me if I had got them. I told him I had. He said "All right, give them to me." I said "Who is that man?" (meaning Campbell), who was then, talking to me of the railway men. He said "I don't know." I then took a ticket to King's Cross as a blind, so that Campbell should not think anything was wrong. I then went and had my boots cleaned again, having had them cleaned once before, and waited for some time about the front of the station. I asked the porter (ticket collector), to let me go down the staircase to meet a young woman, and he allowed me to do so. I met my young woman (Annie Bolwell), who came by the next train. She was going to her sisters at Notting Hill. I told her there was something up which I did not like, and that I should want her to take something off the platform for me. I had hid the bad money in the watercloset when I first went down. I went and got it at 3 times, and put it into a bag which she was carrying, and told her to go and wait for me in the Edgware-road. She went upstairs and was followed by Campbell. I went up the stairs and into the Marylebone Road to Oxford Terrace and Notting Hill, where we remained till 8 o'clock. I returned to Edgware Road Station and saw Murrell, whom I asked if he had seen that man about since, and he said no. He asked me if I had got the things with me, and I said "No, not likely I'm going to bring the things up here, but if you will come out I'll get them." He said "1 am too busy to come out to-night, meet me to-morrow at the Angel, Islington, about 12 o'clock. I wish to state that had it not been for Murrell I should not have' commenced making counterfeit coin. He pressed me very much to do it, because I could not get from Smith sufficient to satisfy him, Smith having a lot of customers in London and the country. I have never supplied any one but Murrell since I have been making myself. Annie Bolwell is not to blame; she is a country girl, and did not know hardly what the meaning of it was. We were going to be married on Whit Monday. The banns are out at Waterloo church, and we have made all the arrangements for it. I
Can describe the makers, but cannot give any addresses. Most of them have agents, and they don't give their addresses as they always meet by appointment. Bill Smith, about 28 years old, height 5 feet 8 inches, sallow sunken cheeks, broad shoulders, lost half forefinger, left hand, makes sovereigns. He lives somewhere in Westminster. Little Ben, about 3-4 years old, short and thin, black billy goat beard, large mouth, black eyes and hair; dress, pea jacket, tight trowsers; he was living somewhere near Clapham Junction, but is now in a coffee shop which he has taken. I don't know where. Ted Kelly, aged 50, 5ft. 5in., bloated ruddy face, covered with scars from blows from fighting. Carries his right hand in his breast very often, and dresses in pilot coat and cord trousers, which are ragged. His wife makes as well. She is sallow, with very long face, about 50 years old, 5ft.,2in., dresses in black, or red shawl and black frock, walks quickly. Harry Drake, age 40, 5ft. 6 or 7 in. Has the gout; and sometimes walks with a stick, pale, full face, small moustache. He is the biggest maker there is now. The whole of them can be seen on the Seven Dials nearly every day. This statement is made of my own free will.—John Neave. This statement has been read over to me, and is correct.—John Neave.'
Witnesses for the Defence.
FREDERICK MANNING . I am the officer in charge at Edgware Road Station—I have been twelve years in the service of the Metropolitan Railway Company—I was there from 12th April to 13th May—these sheets (produced) are the returns kept in due course of business—I see by them that Keen came on the station on 12th April, 1875,-1 was there on 13th May when he was taken in custody—during the "whole of the last week in April, including the 28th, his hours were from 2—p.m. till 12.30—the other clerks come on duty from 5 a.m. till 2 p.m.—a day man does not do a night man's work unless they arrange it with themselves; I should not show that on this return, it would be a private arrangement—I know that Keen was the clerk at that time during the week and the next week, from 30th April to 7th May, he had the early duty, which commenced on Monday morning, 2nd May, and he would go off at 2 o'clock—I am not usually present at the time of change of duty—I go to dinner at 1 o'clock and return about 2.30—2 o'clock is the time of the change—I cannot say whether I was present at the time of change on 28th April unless anything particular occurred to remind me of it—I never saw the other prisoners at the station—I have no stated hours, but I am there from 9 to 5, o'clock—I do not know Neave, he was never there when I was there—I never saw any stranger in the booking-office, but people may possibly have come in for five or ten minutes—there is a small ante room where they take their meals, and I allow the bus conductors to use it; but I never allow any one in the ticket office—I have never seen Neave there and never drank beer there in his presence—from April 12th Keen bad early duty till the 16th and the week after that he would have late duty; one week was early and one week late duty—I have not made a return of his services—he has been at different parts of the line for several years—he came either from Baker Street or Swiss Cottage Stations in the place of another clerk—I was present when the officers were refused admittance, that was because Keen told me that they come to arrest him for debt, and I had made our general manager aware of that fact before this occurred—I refused to admit the officers—I have no knowledge of counterfeit coin being passed at the station.
Cross-examined. I am not acting there still, but I am not suspended—
Keen has been in the service of the company three or four years—I have heard that he was at the Swiss Cottage Station and Moorgate Street, Baker Street, and several stations—I did not make out a list of the times that Keen was employed at the Edgware Road Station for the purposes of the company, but I sent in my sheet weekly—I did not say that the first week in May he was employed from 5 a.m. till 2 o'clock, it was the late date in the early part of May—I find that on May 4th Keen and another man were there from 5.15 ill 2 o'clock—that was quite right; these sheets puzzle me, they are my own—on May 1st Keen was on duty from 2 o'clock to 12.30, I can't say whether he was on duty on 2nd May, but I imagine he was, as I hare his time here—in the return sent to you he is not down at all; in that case it was his Sunday away—on 3rd May he was there from 2 o'clock to 12.20, the 4th May you have; on 5th, 6th, and 7th May he was there from 5.15 to 2 o'clock—he was there on duty on Sunday, 9th May, from 8 a.m. till 11.30 p.m., and on the 10th and 11th he was there from 2 o'clock till 12.30—in the last week in April he began on the 23rd, when he was there from 5.15 to 2 o'clock, and the same on the 24th and 25th—on the 26th, 27th, 28th, and 29th, he was there from 2 o'clock to 12.30—on 16th April he was there from 2 o'clock to 12.30—on 14th April his time is not here, it is a blank, there-fore he would not be there, he was absent from some cause or other—on 12th May he came to the office at 2 o'clock just for half an hour and went away—I told him some one had been to see him—the person asked if I had anybody there named Murrell—I said "No"—he then said "Any body named Keen?"—I said "Yes, and he would be there at 2 o'clock, and he said he would call again—I told Keen that, and he asked me to describe the man, which I did—I had not then heard that Neave and Bolwell had been taken on the previous day—I am sometimes at the general manager's office and sometimes at the accountant's office—I can't say whether I was at the station on 28th April, I have no reference—if I was away the beer might be handed in without my knowing it—there is nothing to call to my mind whether I was there or not—they may have taken advantage of my absence to commit an irregularity—when I refused to let the officers in four of them were waiting—I had no idea that they came for anything but to apprehend Keen for debt—I did tell them to go to hell when they said they would go to the general manager, I was exasperated—I was auditor of the company at one time; I was transferred and I preferred remaining in the general manager's office—I heard of a clerk being discharged from Moorgate Street about some coin about January or February, I did not know him personally.
Re-examined. I can tell you from my return that George Rivers and Gabriel Castell and Warier, the ticket examiner, were on duty together on 28th April—the booking clerks do the work in pairs—Henry Smith and Edgar Cox were at work on 28th April from 5 to 2 o'clock—I merely heard from a clerk a rumour that counterfeit coin had been passed at Moorgate Street and that a man was discharged—I believe we had a communication from the police about it—I do not say it was only for that, I don't think there was any proof—I was exasperated by being threatened that if I did not open my office door he would go to the station master and compel me.
GEORGE RIVERS . I am station inspector at Edgware Road in the service of the Metropolitan Railway Company—on 28th April I was there from 4.30 a.m. to 4 p.m.—I did not go into the booking office that day and drink from a can of beer—no shoeblack fetched me up from the platform at 2 o'clock—I do not know Neave.
Cross-examined. I left duty at 3 p.m. and Inspector Blaxham succeeded me—I do not think he is here—I left punctually at 3 o'clock—there was no beer while I was there—I cannot say what occurred after I left.
Re-examined. I was there for an hour after two o'clock, and I was not fetched from the platform.
GABRIEL CASTELL . I have been a ticket collector in the Metropolitan Railway Company eighteen months—on 28th April I went on duty at Edgware Road Station at 3 o'clock—I was not present when any beer was drunk in the booking office—I have not seen Neave.
ROBERT LANGLET . I am a booking clerk to the Metropolitan Railway Company and have been at the Edgware Road station since the commencement of the year—Keen came there to work sometime in April and we worked in pairs—I was present from 2 o'clock till midnight on 28th April if that was my late turn—a shoeblack didn't receive any money while I was there that day, or pass two cans of beer through the aperture—I should hardly think it possible that it could have been done without me seeing it—I did not see Neave in the booking-office—such a thing did not occur while I was on duty.
Cross-examined. Drinking with a stranger would be an irregularity and so would having a stranger in the booking-office, but there are times when we have our meals there—on Sunday, the. 9th May, if the way-bill shows that I was there from 8 till 11.30, I was there (Manning here produced the way bill of 9th May showing that the witness was there.) I was there from 8 till 11.30—I do not know Neave personally—I may have seen him before but I don't recognise him—I have never seen him at the station at all—there is not the slightest mistake about that—I was not there when the police officers came—I had not come on duty—I know Hoskisson—I don't think I said to any of the officers that I was in the office with Neave and Keen on Sunday, 9th May—they asked me if I was in the office with Neave and Keen on the Sunday and I might have said that I was, but I don't know Neave—there was somebody there—I was asked if there was any person in the office.
By THE COURT. I was on duty with Keen, and Hoskisson asked me if any person had been in the office with me and Keen during office hours on 9th May and I said there was—I don't know whether there was anyone in Keen's company, from 11 till after the first train.
Re-examined. The two windows are separate and there are cases between us—when I was asked if any person had been I said yes, but that I did not recognise him and I believe I told the officers that I could not recognise him if I saw him again—what I have told the officer is true to the best of my knowledge—I said it was about 11 o'clock.
MICHAEL DOUGLAS . I am a shoeblack of 15, Edward's Place—on 21st April I was at Edgware Road and went for an errand for the clerk—I only. fetched beer for him once—that was a pot of stout and mild—I did not" take two pots or two cans and put them through the window on 28th April—I never went down on the platform and asked the inspector to drink—nothing of the kind occurred in April.
Cross-examined. There are three shoeblacks there all day.
Re-examined. I work at the west-end side downstairs—that is not where the booking office is—that is upstairs—the other two work one on the west side, one on the down and one on the up-line—mine is the down platform—the third is outside the station, he would see all persons going in and out—his name is Wright.
OLIVER WRIGHT . I am a shoeblack, of Middle Grove Mews, Lisbon Grove—I worked outside the Edgware Road Station, about eight months, but I left there about a month—I was the only shoeblack outside the station—on 28th April, I did not fetch two cans of beer or put them through the window to the clerk inside the booking office—nor was it done in my presence; I never went downstairs to fetch an inspector and collector up to drink beer—I never saw any other shoeblack bring two pots of beer in a can into the booking office, but Michael Donohue has brought beer, the boy at the west end side—he is not the only boy that I have seen bring beer in, but he is the only one they had always—it has not occurred that two pots of beer has been put through the window and the inspector and collector have been called up to drink it.
Cross-examined. I brought a pot up once, about two months ago, in April, it was not between 3 and 4 o'clock in the afternoon, it was about 1 o'clock—I have not fetched beer at other times, only once—I am quite sure about that—there are loads of public-houses about, it would not take a minute to get it.
WILLIAM WALLEN . I am ticket examiner on the up side at Edgware Road Station, and am in the company's service—I never saw Neave inside the booking office, my duty is at the bottom of the stairs—on 28th April,. I was on duty from 5 a.m. till 3 p.m.—I was not called to drink beer from a can put through the window in—the booking office, nor did I know of two cans being put in there.
MR. POLAND re-called in reply.
WILLIAM CHAMBERLAIN . Rivers is not the inspector, who on 28th April was called up and drank beer—he was a fair man, I have seen him since—Castell was not one of the men—I have seen the two shoeblacks, if was the big one, Wright, who went for the beer, the last one called—Waller is not the ticket collector who was there.
Cross-examined by MR. BESLET. I will swear that Manning was there and drank of the beer, and Langley was there and the latter shoeblack is the boy who brought it.
NEAVE— GUILTY .
He was also charged with having been before convicted in September, 1868, to which he
PLEADED GUILTY. (See next case).
KEEN— GUILTY — Two Years' Imprisonment.
BOLWELL— NOT GUILTY .
NEAVE PLEADED GUILTY .
MR. POLAND conducted the Prosecution; and MR. SAFFORD. defended Bolwell,
MR. SAFFORD. called.
JOHN NEAVE (the Prisoner). I have Pleaded Guilty to this indictment—Bolwell has been living with me as my wife for about seven months—our banns had been published at the church in the Waterloo Road, and we were to have been married at the time I was taken into custody—I arrived at the Edgware Road Station, about 1.45 on the day in question, and saw Mr. Campbell looking at me—I went from there into the Edgware Road—I was there about twenty-five minutes—I came back and looked into the loophole where they take the tickets and I took a ticket—I came out again and went and had my boots cleaned and walked about for another quarter of an hour—I went down on the platform—I had the coin on me and I went
up and put it into the watering place and waited there about a quarter of an hour, knowing that Bolwell was going to her sisters and I thought if she had a bag with her I would put them in her bag and ask her to take them with her—she arrived there when I had been there a quarter of an hour and I hung about for a quarter of an hour because I saw Mr. Lucas watching me—I went into the closet and brought them out and asked her for her bag and I put them into her bag and locked it—it had a key to it and I said "Take that for me and go and wait for me in the Edgware Road"—she said "I am going to my sisters"—I said "But you go and wait for me in the Edgware Road—Mr. Campbell then followed her and I came up about five minutes afterwards, and Mr. Lucas was following me, but when he saw I was looking at him he turned back and went on the platform again—we then went into the Uxbridge Road, where I took the bag from her, and had it with me until 8 o'clock that evening when I came back to the Edgware Road, and put it under a gateway and told her to go home—I then went to the office window to Keen and asked him whether he would take the things—he said "No"—I afterwards went home to Millwood Road, and when I got to Loughborough Junction X met Bolwell, and gave her the bag—I then went home and found the constables in the house—she came home afterwards with the bag—she did not know what I had given her—the packets were done up in paper and she did not see them when I made counterfeit coin—she generelly used to go to my aunts and while she was out I used to do it—she was in the habit of paying visits to her sister—she knew nothing about the coin which was found under the mattress—the bed was not made—there are two beds besides the mattress and it was under the second one—right in the middle and when I came in I found somebody had been there before me and the constables knew the exact spot where the things were.
Cross-examined. I have been convicted of felony once, and also of unlawful possession, and of wilful damage once—I am getting on for twenty-seven years old—I lived formerly at 2, John's Place, Holland Street, Blackfriars—I did not manufacture counterfeit coin there—I commenced at Milk wood Road, about 19th April—I made about 200 the first week, and when I got more experienced I made about 300 a week—I have said 300, but they have put it down as 500; they were shillings and sixpences—I used to make the moulds while I was at my aunt's in the day time, while she was out washing, and I cast the bad coin at my lodgings—I learned the whole system of the galvanic battery, and the acid and files and clamps; I made them pretty good—I made them in the kitchen—I never put any coins between the bed and the mattrass before that morning; I never had any by me before—the coin that was found in that bag was made the night previous; I used to keep it locked up in the place where the battery was found—I locked that place myself—the good money, 22l. in gold, was not mine; it was Annie's—I did not give it to her—she has been at service for the last three years, and it was her savings—when I saw Campbell following me I thought if they took me they would find on me the pattern shillings and sixpences used for making the moulds, and I put them into the bag—I do something else for my living; I have been to sale rooms three or four times a week, and my books will prove it—I had not Made an appointment with Bolwell, but I knew she was going to her sister's—you can't take a ticket for the Bridge Road on the London, Chatham and Dover; it is on the Great Western—you have to take a ticket at Edgware Road—I was there for the purpose of delivering the coin.
Re examined. She knew nothing about the money I placed in the bag—I locked the cupboard up myself that morning—I became acquainted with Bolwell soon after she left service, seven or eight months ago, and she had this money in her possession—she generally keeps her money by her.
BOLWELL— GUILTY — Twelve Months' Imprisonment. NEAVE— Seven Years' Penal Servitude.
MR. POLAND conducted the Prosecution.
ELIZABETH MART FISHER . I am barmaid at the Victoria Tavern, Old Kent Road—on 22nd June, about 2 o'clock p.m., I served the prisoner with a glass of ale—he gave me a florin—I said "This looks bad"—I bit it and made a dent in the edge—he took it from my hand and bent it more than I did, and then gave me a good half-crown—I gave him the change—he put the florin in his pocket and left, saying he knew where he took it, but it would take him two hours to get there—on 30th June I saw him in custody and recognised him—I am quite sure he is the man; I am sure it was bad—I made a tooth mark in it, and he bent it with his mouth.
WILLIAM WADE . I am landlord of the Crown and Sceptre, Commercial Road, Peckham—on 22nd June I served the prisoner with 2d. of shrub—he gave me a florin; I told him it was bad before I took it up—he said "Bad is it? take it out of this," and gave me a good half-crown—I gave him the change, a new florin and 4d.—I broke the florin in two, and while I was doing so Sergeant Stevens came in, and I gave the pieces to him and gave the prisoner into custody—the house is nearly three-quarters of a mile from the Victory, Trafalgar Road.
CHARLES STEVENS (Detective Officer P). on 22nd June, about 4 p.m., I went to the Crown and Sceptre, and Mr. Neale gave me a broken florin—I asked him if "he knew the parties, and he said "Yes, they were customer"—I took the prisoner into a private room, searched him and found a florin, a half-crown, and 5 1/2 d. in copper, good money—I asked him where be lived, and he said at a coffee shop in Strutton's Ground, Westminster—he afterwards said "At the Broadway"—I asked him afterwards if he knew who kept the house; he said "No"—he said that he was a betting man—I said "Then you have a good many pieces pass through your hands?"—he said "Yes, I have." William Webster. These are pieces of a bad florin.
The Prisoner in his Defence stated that he received the money at Victoria Station, in change for half a sovereign.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
GEORGE FROST . I keep the Prince Alfred, Haynes Street, Battersea—on Saturday, 5th June, between 1 and 2 o'clock, I saw the prisoner served with half a pint of id. ale; I stood by—he tendered a shilling—I took it up; it was bad—I gave him the change just to prove that it was passed, and then I said "I shall detain you for giving a bad shilling to see whether you have any more"—I fastened him in the compartment and sent for a constable—he said "Let me go; that is the only one I have, and I took it from my sick club"—I gave him into custody with the shilling, which I marked.
ELIZABETH SEABSOOK . I am the wife of Michael Seabrook, 22, Haynes Street, Battersea, a reader on the Times—I saw the prisoner brought out of the Prince Alfred on the 5th June—he passed close by me, and I then looked down and saw a paper parcel at my feet, which came down his trouser's leg—I picked it up—it contained 7s., with paper rolled between each—I gave them to Darkell.
EDWARD DARKELL (Policeman IV 293). On 5th June I was called to the Prince Alfred, and the prisoner was given into my custody—he said he had received the shilling from his sick club the evening before, and that he had no more about him—I searched his pockets in the house but found no more—on the way to the station the last witness gave me this packet, containing 7s.—going to the station he said "You searched but you could not find any more in my pockets, this is where the money was," pointing to the leg of his trousers—I locked him up—I received this shilling (produced) from the landlord.
Prisoner's Defence. I did not know they were bad.
GUILTY — Fifteen Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. MEAD the Defence.
ROTH TURNER . I am a widow," and keep a fancy repository at Upper Richmond Road, Putney—on 23rd June between 2 and 3 o'clock the prisoner came in and asked for 2d. worth of writing paper and 1d. worth of needles—she gave me a florin—I gave her the change and she left—as soon as she had gone I opened my purse-and found the florin was bad—I had only 18d. there—I threw the florin in the fire and it melted—next afternoon the prisoner came again for a cricket ball—I offered her a shilling one—she would not have that because she said it would break the windows, and took a 3d. one—she gave me a florin—I looked at it, and sent my girl, Kate Freeman, to get change for it—while she was gone I said to the prisoner "You passed a bad florin on me yesterday"—she said she was too much of a lady to pass a bad florin on me—the girl brought back the florin and I gave the prisoner in custody.
Cross-examined. The girl was not in the shop the previous day—I had embroidery and things of that sort hanging in the window, but yet the shop is very light.
KATE FREEMAN . I am 11 years old, and have been staying with Mrs. Turner—one day last month she gave me a florin to take to Mrs. Fell, who tried it and gave it back to me—I took it to Mrs. Turner and told her it was a very bad one.
DANIEL CULLING (Policeman V 1-67). On 24th June Mrs. Turner gave the prisoner into my custody and accused her of being there the day before, which she denied—I asked her whether she lived in that neighbourhood; she said "No, she lived a long way from there"—I asked her what part, and she said she had no home—on the way to the station she said she was unfortunate, and it was given to her by a gentleman the night before.
GUILTY — Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. WILLIAMS the Defence.
AMELIA CLAYDES (the younger). I am the daughter of Amelia Clayden, who keeps the Duke of Sussex beer-house, Devonshire Street, Kennington Lane—on 24th June about 3.30 p.m. I served the prisoner with some beer and tobacco, which came to 2 1/2 d.—he gave me a florin—I gave him the change and put it in the till—there was no other florin there—the prisoner left with the change—he came again next day for a glass of stout and mild, which came to 1 1/2 d. and gave me a florin—I put it in the till, there was no other florin there—I gave him the change and he left—I took no other florin that day—my mother and I were the only persons serving—I recognised him on the second occasion, but I served him because my mother was not in the way—I had not seen the till examined the previous night.
Cross-examined. I did not know on the 25th that a bad florin had been. passed on the 24th—I had never seen him before the 24th.
AMELIA CLAYDEN . I keep the Duke of Sussex—no one but my daughter and I served on 24th and 25th June—I cleared the till on the 24th, leaving only two single shillings in it for change—about 8 in the evening I examined the till again and found in it only one florin, and that was bad—I took it out—on the 25th I cleared the till in the day time leaving no florin there, and when I cleared it again I found a bad florin—I gave the two florins afterwards to Philpott—On 29th June I served the prisoner with a glass of ale—he gave me a florin—I looked at it and said "What have you given me?"—he said, "A two-shilling piece"—I said "You know it is a very bad one"—he said "No I do not"—I said "Have you any more" and he gave me a good half crown—I gave him the change—he said that he was at the South London Music Hall the night before, and—must have got the bad florin there—my daughter then came in and said "I know the man, he is the one who gave me the other two last week"—I said "Amelia, you should not say so unless you are positive"—she said "I can swear to him"—someone fetched a constable, and he was given in custody with the three florins.
Cross-examined. He did not say that he had never been in the house before.
WALTER PHILLIPS (Policeman L 57). I was called to the Duke of Sussex and asked the prisoner if he had passed a two shilling piece—he made no reply at first and then he said that he did—I asked him if he had any more—he said that he had not got another penny about him—I took him in custody and received these three florins—I found no money on him. William Webster. These three florins are bad.
NOT GUILTY .
MARTIN PLEADED GUILTY .
Fifteen Months' Imprisonment each.
MR. WILLOUGHBY conducted the Prosecution.
EDWARD TURNER . I am a grocer of 31, Barbican—on 29th May Montague and Jones came in and Montague asked for some tea and sugar and gave me a bad florin—I gave it back to her as they said that they took it over the way to get it changed—I watched them and finding that they did not go over the way I sent for a policeman.
GEORGE REED (Policeman). In consequence of information I followed Montague and Jones down Red Cross Street to White Cross Street where they stopped at the first doorway—I went up to them and the lad with me said "This is the woman that passed the money"—I went up to
Montague and said "Where is that florin you have just tendered at the corner of the street?"—she said "Hero it is "and gave it to me saying "The other girl knows nothing of it, why should she go to the station?"—the Magistrate did not think the evidence sufficient and they were discharged.
FREDERICK DOWNS (Detective Officer). On 18th June I was at Guildhall police court when two of the prisoners were discharged and watched them with Halse—from the police court they went to Lee's Place, Westminster Bridge Road—we kept watch on them up to June 10 and on that afternoon I saw the three prisoners go to the New Kent Road—Martin-was carrying this reticule, they went to the corner of Gurney Street where they had a conversation and Martin gave the bag to Montague I believe and went into the Duke of Gloucester public-house at the other end of the street—she was there a minute or so and came back to Montague and Jones said, something and took something from a purse in her hand and gave it to Montague who then went into the Duke of Gloucester, called for a glass of something and tendered a coin in payment—I spoke to the barmaid who showed me a bad shilling—I marked it and went back and saw Montague give something to Martin who took something from a purse and gave it to Jones who came back and looked in at the door of the Duke of Gloucester, but she did not come in—she went back to Martin and gave her something, I do not know what, and they walked to the London Road where we got assistance and caught hold of all of them—I took Martin and said "Give me what you have got in your hand"—she declined—I forced it open and found this purse (produced) containing a small paper parcel in which were seven bad shillings with paper between them—Montague said "What do you want with me?"—I said "You will be charged with uttering a counterfeit shilling at the Duke of Gloucester"—she said "I was never there."
DANIEL HALSE (City Detective). I went with Downs watching the prisoners from the 5th to 10th June—I have heard what he has said—it is correct—Jones went to the public-house, looked in, came back and gave something to Martin—I saw something pass—when we took the prisoners Jones said "What do you want me for? I said you will be charged with uttering and having counterfeit coin in your possession—she said." It is a lie, I never uttered anything."
Jones. When you told me that I had a counterfeit coin I said "It is all a lie."
Jones' Defence. I know nothing at all about it.
JONES— GUILTY — Nine Months' Imprisonment.
Before Mr. Common Serjeant.
MR. CHARLES MATHEWS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
was in the shop between 11 and 12 o'clock serving a little boy, and a man who I thought was Mitchell came in and asked if I could tell him any one named Clements—I said "Yes, he lived round in Queen Street"—he said they had been there and it was not there—Mitchell went outside and asked Martin if that was the name and then they both came in—they brought these horns (produced) in with them, but I don't know which one carried them—he said that he wished to find Captain Clements as he had saved him from drowning and he brought them home as a present to him—I went just outside the door with Martin to point out where they might get some information about Clements—as far as I know, Mitchell at that time was just inside the shop by the door—I had my back to him while I was pointing out to Mitchell—I remained outside the shop about a minute—Mitchell was still in the shop on my return and they then left—I gave them permission to leave the horns and they said they would not be long before they called for them—they have never been called for—after they had left I went into the small room which adjoins the shop and directly missed my watch from the mantel piece and 4l. 5s. in money—I had seen the watch and money safe about two minutes before the prisoners came in—I was in the act of counting the money as the little boy came in—I went instantly to the police-station and gave information and a description of the men—yesterday three weeks I was sent for to the station and saw a group of men and picked but the two prisoners.
Cross-examined. Martin spoke about the horns; I have made a mistake with regard to Mitchell—I am sure he was not one of the men since I have looked at him—I am sure of Martin—I did not see any one go into the parlour—nothing was said by Martin about my purchasing the horns.
KICHARD KIMBER (Detective). On the morning of 5th April I saw the men in Free school Street about 40 yards from Mrs. Cooper's shop—I am positive Martin was one of them, but I am not able to identify Mitchell—they were carrying a parcel which I believe contained these horns—I received information in the evening and a description in consequence of which I took the two prisoners in Bermondsey Street—they were together and one was carrying a glass shade with some flowers—I told them the charge and took them to the station where they were placed amongst seven or eight other men—Mrs. Cooper came to the station and identified them without any difficulty; she went straight up to them—on the way from the station to the police-court Martin said "I sold that woman the horns for 4l. 5s. "
Cross-examined. I will not pledge myself that Mitchell was one of the men—I know nothing against him.
THE COURT considered that there was no case against Mitchell.
NOT GUILTY .
MARTIN— NOT GUILTY .
Before Robert Malcolm Kerr, Esquire.
Nine Months' Imprisonment.
JOHN HENRY WRIGHT BISHOP . I am a wine merchant at 413, Wands-worth Road—about 3 o'clock on Sunday morning, 7th July, I was awakened by a noise—I got out of bed, went to the window, and pulled up the blind—I saw the prisoner in Mr. Neal's, the watchmaker, lobby, opposite—I saw her cross the road, towards the house, and smash the windows—she smashed the last window, very high; therefore it was maliciously done, and not for the purpose of taking anything—I saw three bottles at the station, which were my property—they had been filled with water for three years and were in the window—a green blind was drawn down in front of the window, so the prisoner could not have seen those bottles when she broke the window—all three windows were smashed; the whole front was smashed—every pane was broken—the first was smashed low, so that she could put her hand through; the second was higher, and the third very high indeed—I saw the prisoner at the station; I also saw there a dummy bottle of still hock—the prisoner said "Master, you sell very bad stuff"—she was not drunk at the time—I rather felt for the woman, and suggested to Mr. Bridge that she should be examined by a medical man.
Prisoner. I don't remember anything at all about it.
NOT GUILTY .
MR. BISHOP repeated his former evidence.
Prisoner. I don't wish to contradict the prosecutor, but I don't remember anything at all about it.
GUILTY— Judgment respited.
MR. DOUGLAS conducted the Prosecution.
SARAH EVANS . I am single, and live at Lambeth—on 21st June I was on the Albert Embankment, about 12.20 in the day, talking to Alfred Edwards—the prisoner came up and spoke to me; I knew him—he asked me to shake hands with him, and I told him to go on about his business—I noticed a hammer in his pocket, and I said "Keep your hammer in your pocket, young man"—he put his left hand on my shoulder and his right hand in his pocket, and struck me twice on the back of the head with the hammer—I fell down and was very ill for a fortnight—my head did. not bleed very much; I suffer from it still very much.
Cross-examined by the Prisoner. I never lived with you and never would,. and that is what your revenge is for—I did not live in James Street with you; I always worked hard for myself—the last work I did was last Saturday—my mother did not live with us at 33, James Street; we did not have two rooms there and pay 5s. 6d. a week.
ALFRED EDWARDS . I am a labourer, of 4, Frazer Street, Lambeth—I was working on the embankment on this day, and the last witness brought my dinner there—I was sitting talking to her when the prisoner came up to me and said "Well, old pal, will you shake hands with me?"—I had never seen him before in my life—I don't know what he said to the woman, but I heard her say "Keep the hammer in your pocket"—he put his left hand on her shoulder, took the hammer out of his pocket—it was a hard blow; he
rose it above his shoulder and struck her on the head—she fell down—got up from my dinner, caught hold of him, and he struck me on the her has twice with the hammer—I threw him on his back on the ground and got the hammer from him—he said "Let me get up; I mean doing for you two, b----s"—he said that he had carried the hammer in his pocket for two days for the purpose of settling us—I was taken to the hospital.
THOMAS BLAND . I live at 42, Elizabeth Street, Pimlico—I was walking on the embankment when this happened—I saw the prisoner there, with a blacksmith's hammer in his pocket—the woman—was sitting down "with the other man, and she told him to keep the hammer in his pocket—he said "I mean doing for you two," and then struck her twice on the head.
WILLIAM MELVILLE (Policeman L 226). I saw the prisoner struggling with Edwards, about 12.30—I sent him to the hospital and took the prisoners a custody—he went quietly a little way and then he got very violent—he said "The woman is the cause of all this, she aggravated me so,"
THOMAS MALCOLMSON DONOGHUE . I am a surgeon, of 129, Blackfrian Road—I was called to the station and saw Evans—she had a severe contused wound at the back of her head; it was dangerous, because erysipelas might have supervened.
The Prisoner in his defence stated that he had been living with Evans for six months, and that she left him, and he did not see her again till he saw her on the embankment with Edwards; that she laughed at him, and he was the worse for drink, and smacked her on the side of her face with the hammer; that Edwards got hold of him and tried to strangle him, and he hit him to make him let go; that he took the hammer to go to work with, and had no thought of meeting Evans or the man.
GUILTY of unlawfully wounding — Eight Months' Imprisonment.
Before Mr. Recorder.
MR. DALTON conducted the Prosecution; and MR. C. MATHEWS the Defece.
DANIEL PHYTHIAN . I am an accoutrement maker, and now reside at Arundel Street—early in the morning of the 7th June I, with my wife and friend, were proceeding towards Waterloo Bridge—we came up Waterloo Steps and were going towards the bridge, when Rolfe pushed up against my wife and she turned round and said "Where are you pushing to?"—I said "Come on, take no notice, let us go home," and with that we walked up towards the bridge—I sent my friends through the tell-tale and paid the toll with 6d. and was taking my change, when Rolfe calls me towards him and says "I want you"—I said "What do you want of me?" so I goes towards him and the moment I went towards he hits me in the mouth and makes a snatch at my chain and run off—I ran after him—he turned round Waterloo Steps and waited, and the moment I turned round the steps he had hold of me just by the ankles and threw me on the back of the head and then he got on me—I was partly stunned then, and he hit me with something over the eye—I could not tell what with, but I could feel something like going into my flesh—it did not seem like a blow with the fist—I knew no more until I found myself in Dr. Farris's surgery opposite—the constable brought the prisoner in there—I recognised him immediately—I fainted twice from loss of blood going to the station—I suffered very much from it—I never laid a hand on him, never said a wrong word to the man, much less struck him.
Cross-examined. I had never seen the prisoner before—I had had a glass but perfectly knew what I was doing—my coat was buttoned over ray chain—I was about two steps in front of my wife, approaching the bridge.
JANE ANNE ROBINS . I live at 64, Bond Street, Lambeth—I have been threatened by some of the prisoner's friends if I gave evidence—I was going home one Sunday night when I heard a hallooing—I ran up the steps, and there was the prisoner a top of the prosecutor punching him in the face—as I was running up the steps the prisoner went to run down and nearly knocked me down the steps—prosecutor's face was in between the steps and he was bleeding very much from the face—I went with the lady and her friends and the sergeant, and we found the prisoner in Chamberlains Yard, Belvedere Road—he ran past me, and straight down into the Belvedere Road.
Cross-examined. I do not think there was any lamp at the spot—I first saw the prisoner on the steps, and then I went with the lady and her friend, and saw him in Chamberlain's Yard—then I went to the police court with her.
HENRY BUTCHER . I live at 10, Spring Terrace, Lambeth, and am a watchman—on the night of the 6th, or early morning of the 7th June, I heard a call; a woman made a statement to me—I saw the prisoner come running from the bridge—I ran after him and followed him up to Chamberlain's Yard—I did not lose sight of him at all.
JAMES HAWKINS (Policeman L 15). In the early morning of 7th June I heard a cry of "Stop him?"—I heard some one running very fast—I went towards where he was coming, and heard some one turn in the Chamberlain's Yard—there area great number of stables and workshops there, and in a small stable behind a workshop I saw the prisoner behind a manger and a horse in front of him—I caught hold of him and told him I wanted him—he said "What for?"—I said "I do not know"—I brought him out and from what I heard I took him to Dr. Fair's in the Waterloo Road—he had no coat on, he was in his shirt sleeves, and he had blood on his shirt—I found the prosecutor at Dr. Farr's and he said to him "Why did you serve me like this, what have I done to you that you should serve me in this manner?" or words to that effect—the prosecutor's wife was there and a friend and two or three females and they were crying and making a great noise and I could not exactly catch all the prisoner said, but he said to him "She pushed me against the wall and bashed my hat in," or "crushed my hat in"—I could not exactly catch the word—I then took off his hat which is a hard felt, and there was no bruise on it, none whatever, and then at the suggestion of Dr. Farr I took him into the surgery, where the prosecutor was being dressed, and there Br. Farr examined his hands—on his way to the station he said "I would have fought them all if they would have come one at a time"—he made no answer to the charge.
ARCHER FARR . I am a surgeon in practice at Waterloo Bridge—the prosecutor was brought into me early on the morning of the 7th June—there was a large cut wound, a scalp wound, at the back of the head about 1 1/2 inches long—there was a gaping wound over the right eye which it was necessary to sew up, and there was a similar wound over the left eye, besides other bruises about the face, and on the day following when be came to have his wounds dressed there were distinct marks on the throat, bruises, giving me the impression that this must have been caused by a grip of the throat—the wound at the back of the head would probably be caused by a fall,
and the wounds over the eyes certainly, in my opinion, with some blunt instrument, not with the fist—I examined the prisoner's hands, I found no marks upon them—to the best of my belief it was done with some blunt instrument.
WJLLIAM DAVIS . I live at 16, Bagage Terrace, Old Kent Road, and am a toll collector at Waterloo Bridge—on the morning of the 7th or 8th of June, between 12 and 1 o'clock, I remember the prosecutor and his party coming towards the bridge for the purpose of going over it—there were about a dozen altogether—he put down 6d. and 3d. "Count us going through"—the prisoner came up, making use of disgusting language towards the friends, and as the prosecutor was coming round the prisoner chucked his coat on a seat and turned round and knocked him down on his back—the prisoner was making use of filthy, disgusting language all the way up from the Steps—filthy and disgusting language, I never heard such language in my life—I did not hear anybody else using any bad language.
GUILTY — Fifteen Calendar Months' Imprisonment.
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution; and MR. LILLEY the Defence.
JAMES WALSH (Policeman M 249). At half-past 2 o'clock on the afternoon of 25th July, I was in company with Sergeant Rock, went to a coffee-shop in the Waterloo Road—while we were there making inquiries the prisoner came in—he said "Halloo"—no answer—he sung out halloo again to the woman who was upstairs with us—we were making inquiries respecting another person—we went down stairs and saw the prisoner—he had this sack on his shoulder—"Is the governor in "he says—"No, he is not"—"When will he be in"—"I do not know"—he said "I have some corn here; I will leave it and call back in a few minutes"—he came back in about ten minutes—I said "This is not corn"—he made a sort of a laugh—he said "I call it anything"—I said "I never heard bacon called corn before"—this bacon was in the bag—I asked him where he got it from—he said from Greenwich—I said "Where"—he said he bought it at a shop—I said "What shop"—he said "It was left for me at the Eight Bells public-house to bring to Lorrimore Road, Walworth "to Mr. Benedick"—I asked him where he lived—he said at Wardour Street, Oxford Street—I was not satisfied with his answers and took him to the station—he got on a horse and carried the bag.
Cross-examined. When he first came he called upstairs twice "Is anybody at home?"—he called twice—the mistress of the coffee-house answered at last—he said "Mind this corn"—I never heard the slang term graun as applied to bacon—he gave four or five different statements about this bacon.
WILLIAM BACK (Policeman M 21). I was with the last witness when the prisoner came into the shop and called out "Anyone at home"—he knocked several times—the landlady said "No, the governor is not in"—he aid "Where is he?"—she said "I do not expect him in for some time"—he said "I have a bit of corn to take care of, I will be back in about 10 minutes"—he threw it on a stool and left—in about 10 minutes he came back—I then went up to the sack and questioned him
about it, and found not corn but bacon—he said it had been left for him at the Eight Bells to take it to a house in Lorrimore Square to a man named Benedick.
Cross-examined. He said "A bit of corn I want you to take care of."
GEORGE TEMPLEMAN . I live at No. 72, Thames Street, Greenwich—I identify the piece of bacon as the property of my employer by the cut of it—I cut it myself—I last saw it about 4 o'clock last Saturday week.
Cross-examined. It is a peculiar cut—we have a large number of sides of bacon in our warehouse—perhaps a hundred, but we only have forty sides of this kind every week—until Sergeant Rock came I was not aware that we had lost any—this I positively swear is one of three sides we had.
GUILTY of receiving — Eighteen Months' Imprisonment.
ADJOURNED TO MONDAY, AUGUST 16TH, 1875.