CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 25TH, 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, October 25th, 1875, and following days,
BEFORE THE RIGHT HON. DAVID HENRY STONE, LORD MAYOR of the City of London; The Hon. Sir WILLIAM ROBERT GROVE , Knt., one of the Justices of Her Majesty's Court of Common Pleas; The Hon. Sir JOHN RICHARD QUAIN , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., and ROBERT BESLEY , Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN , Esq., Sir THOMAS WHITE , Knt., and JAMES FIGGINS , Esq., other of the Aldermen of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices Oyer and Terminer and General Gaol Delivery of Newgate, holden for he said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
STONE, MAYOR. TWELFTH 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 thy 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, October 25th, 1875.
Before Mr. Recorder.
MESSRS. POLAND and MEAD conducted the Prosecution; and MR. STRAIGHT the Defence.
JAMES SWIRE . I am a chemist of 131, Brick Lane, Bethnal Green—I have known the prisoner for about eight years—I employed him as a stockbroker to buy and sell stock for me from time to time—I changed my investments as the market changed—I did not consult him about it, I only gave him orders—early in June, 1870 I had some Egyptian stock which I desired to change for Peruvian stock; he was to buy 2,000l. Peruvian stock for me—I saw him personally for that purpose—I desired him to sell some stock, after the lapse of time, I could not say exactly what, and buy me Perus in their place—he was to pay for them out of the proceeds of the other stock—I afterwards received from him by post, this contract note—I know the prisoner's handwriting; this is signed by him. (This was dated June 6, 1870, and stated that 1,810l. worth of Peruvian stock, less commission, was bought by the prisoner for the witness, of Messrs. Baker & Sturdy). He had previously bought for mo some Turkish Stock—this is the contract note for it signed by him, it is for 400l., dated May 13, 1870; he had also purchased for me 600l. Peruvian stock—I ordered him personally to buy it—I always did my business personally with him—I have not got the contract note for that, I don't know what has become of it, I have looked for it and cannot find it—it was signed by the prisoner—a few days after the purchase of the last 2,000l. I went to his office; I did not see him, I never saw him after,—I saw his brother Harry—I called there repeatedly, and insisted on having the stock, and his brother gave me the numbers instead—the office was open when I first called—on 6th July I called and saw his brother, and directed him to sell all my stock because I thought that war would break out and prices go down—he went to a box and made some statement; it was something very unsatisfactory—I was never able to get ray stock—on 15th July 1 went again to the
office and found if, locked, I was not able to find the prisoner; I did not know what had become of him, I had had no notice from him; it was a blow to me that day; when I went to the office I thought I was worth that amount of money, and I came out penniless—on 20th July I obtained a warrant, and issued bills to endeavour to stop the sale of the Peruvians—I got a list of my bonds from Henry Bland—I gave it to the printer to print the bills from, and he has failed and gone away; I was unable to get the original list; I got the bills and had them stuck up in the Stock Exchange, and about town—in April, 1873, I received this letter from the prisoner; I have not got the envelope. (This letter was without date or address, it contained expressions of regret for the wrong he had done, the prosecutor, and expressed a hope that he might be allowed to return to London, when he would take measures to pay back the money by cash and bit s, and asked the prosecutor to insert an advertisement in the Times in reply). In consequence of receiving that letter I, by my solicitors advice, put this advertisement in the Times, on 8th April, "To E. B.—State more fully what you propose to do as to cash"—several weeks after that I received this letter, not through the post, it was brought by some one to my office. (This was also without address or date, it expressed regret that he was unable at present to make any cash payment, but if allowed to return he would do his utmost to make a settlement). I declined his overtures altogether—I heard nothing more of him until early in August in the present year, when I arrested him myself—the actual value of the bonds was about 2,300l.—he was in the habit of keeping my bonds at his office—part of the money belonged to my sister and sister-in-law.
HENRY BLAND . I am a commission agent—I was formerly clerk to the defendant, who is my brother—I knew Mr. Swire, and knew that he had business transactions with my brother—I knew that he purchased bonds for him, I can't remember what they were—my brother had them in the office—they were sold on 30th June to settle the account—I said to him at the time "These are Mr. Swire's bonds," he said "Oh, it is all right, whatever I do I must not break faith with Mr. Swire," they are entered in this book on the 6th, but they were actually sold on 30th June; I can't remember exactly what bonds they were, they are entered here as 2,300 Perus, and 300l. Turks, sold to Dale & Stevenson—they were delivered and paid for on the 30th—I remember Mr. Swire afterwards coming to the office, and giving me instructions to sell the bonds, that was about 6th July—I did not go to any box, I never had the key—I knew at that time that they were already sold—I did not tell Mr. Swire so, I did not say anything at all about it, I simply said my brother was not there—I can't recollect when my brother was last at the office, I think it was about a day before the last making up day of the July account, which was on the 13th—he then went away as a defaulter—I knew nothing at all about his going away, I was totally ignorant of it; he did not tell me that he was going, and I had no idea of it—when I found he did not return the office was shut up, and the books were handed over to the assignee of the Stock Exchange—I gave Mr. Swire the numbers of his bonds, and all I had in my power.
Cross-examined. The material was ready to my hand to give him all the information he wanted—my brother brought me the bonds on the account day, and said "Deliver these"—the next account day would be on the 15th or 16th July—on 30th June he was expecting money from clients, otherwise
he would not have parted with the bonds—he had on that day given cheques to various persons to a considerable amount—I know that he expected a large sum to be paid into his account on the 30th—of course I was totally ignorant of what; I was only his clerk—war had not then been declared between France and Germany; it was declared before the next account day—I believe there were about seventy failures on the Stock Exchange in consequence—amongst them were Shaw, who owed my brother 1,000l.; Partridge, who owed him 1,700l.; Newton, 2,500l.; Pacherie, 1,500l.; and Quick, 700l.—he had reason to expect quite 7,000l.—after the settlement of 30th June he was married, and went to Calais to spend the honeymoon—on his way back he learnt that war had broken out—since then he has been away from this country until his apprehension—he bad been about twelve years on the Stock Exchange; he bore a wonderful character—there are some gentlemen here to" speak to his character.
Re-examined. He had been speculating the last two or three accounts—on 30th June he was expecting money, and did not get it—he sold these bonds to tide over his difficulties—before the next account, war having broken out, matters became worse—before the 30th there were only rumours of war.
WILLIAM POTTS (City Policeman). On 4th August last I went to Croydon and found the prisoner there—I told him I was a detective officer, and had a warrant for his apprehension for stealing these bonds—I read the amounts to him—I told him there was the Peruvian Stock, and the Turks of 1869 and 1865—Mr. Swire was with me—the prisoner said it was quite right; he was a penniless man; had he been allowed to come over to this country he had money owing to him that would have satisfied Mr. Swire—I brought him to Bow Lane station," where he was charged, and he made the same statement there—I found on him a bill of exchange for 100l.
MR. STRAIGHT submitted that the "entrusting" contemplated by the 75th and 76th sec. of 24 and 25 Vic. c. 96, upon which this indictment was framed, was a manual and personal entrusting from the hand of the person entrusting, and, there being no such proof here, the case failed. (See "Reg. v. Cooper," 2 Crown Cases Reserved, and 43 Law Journal). MR. POLAND contended that if such a doctrine were to prevail the sections in question would cease to apply to almost all the cases which they were intended to meet. The question had been decided in "Phillips v. Hood," 6 Meeson and Welsby, which was a case precisely similar to this. THE RECORDER: "I cannot see any ground for limiting the general words in the latter part of sec. 75. There is no question whatever that a person who is authorised to buy stock, and who receives bonds under that authority, is entrusted with those bonds by the person to whom they belong. I can quite understand that a distinction could be drawn with reference to money, and it is to that the case cited applies. This case does not require an authority in writing, therefore it seems distinctly within the sections 75 and 76.
GUILTY — Six Months' Imprisonment.
MR. BESLEY, for the prosecution, offered no evidence, and withdrew all imputations against the character of the defendant.
NOT GUILTY .
NEW COURT.—Monday, October 25th, 1875.
Before Robert Malcolm Kerr, Esq.
566. WILLIAM ROGERS PLEADED GUILTY to feloniously having counterfeit coin in his possession, with intent to utter it, having been convicted of a like offence in April, 1868— Seven Years' Penal Servitude ,
MR. COOKE conducted the Prosecution.
EDMUND HEAD . I keep the Crown public-house, York Street, Westminster—on 11th October, between 5 and 6 o'clock, the prisoners came in, and one of them asked for some gin and cloves, and paid for it with a shilling, which I put in the till, where there were only a few sixpences—I gave him change—the other prisoner then asked me for half a quartern of gin and cloves, and tendered a shilling, which I found to be bad, and bent with my teeth—I returned it to him and said "This won't do"—he made do remark, but gave me a good one immediately—I went to the till and looked at the other shilling, it was bad, and in the meantime they went away—I spoke to a friend in the bar, and went after the prisoners and gave them in charge.
WILLIAM ISLIP (Police Sergeant B). About 5.45 on 11th October I received the prisoners in charge from Mr. Mead—I searched Willing and found on him a half-crown, two sixpences and 7 1/2 d. good money—I saw Collins searched, and on him was found a half-crown, three sixpences, and 1 1/2 d.—I received this bad shilling from Mead.
GEORGE THOMAS . I am barman at the Bull's Head, Lever Street—on 9th September Collins came in with another man and called for half a pint of porter, and gave me a penny—another man came in, and Collins went up to him, and subsequently he asked me for a half quartern of gin—he gave come a shilling, which I put in a small bowl with two other shillings—Williams afterwards spoke to me, and I went and looked into the bowl and bund the shilling on the top was bad—I gave it to Detective Tanzey.
WILLIAM TANZEY (City Detective). On 9th September I saw Collins in Milk Street—Williams was with me—I saw Collins and another man go into a number of public-houses—they afterwards went into the Bull's Head, and I followed them—I saw something pass between them, and when I took hem the other man put something into his mouth and swallowed it, and aid "I have done you"—I searched Collins and found six sixpences, and two shillings, and some coppers.
ALFRED-FAYER. I keep the Blue Posts, Bennett Street, St. James's—bout 11.30, on 28th July, Collins came in and asked my wife while I was standing by for some ale—he tendered a florin, which my wife showed me;
it was bad—I gave him in charge—he was taken to Marlborough Street police-court, remanded, and discharged.
Willing, in his. statement before the Magistrate, and also in his defence, dated that he met Collins and went to have something to drink with him, for which he paid with a shilling, but he was not aware that it was bad.
GUILTY — Two Years' Penal Servitude each.
There was another indictment against Willing for felony, alleging a previous conviction, but the facts being the same, no evidence was offered.
MR. COOKE conducted the Prosecution; MR. AUSTIN METCALFE defended Ford; and MR. W. SLEIGH defended Zee.
HECTOR HARRY CLARK . I keep the Rose and Crown, Hackney Wick—on Saturday evening, 11th September, I left the house between 7 and 8 o'clock, and met the prisoners going in—I returned again in about five minutes, and met the prisoners going towards the railway-station from the direction of my house—when I got in my wife showed me a bad florin, and I fetched a constable and followed the prisoners—when we got to the. railway station Ford was on the platform at the top of the stairs, and Lee was standing partly up the staircase by the window; his hand was on or very near the window sill—seeing us coming up the stairs he went up farther, and said to Ford "Come on, this is our train"—a train was coming into the station at that time—I gave them in custody.
Cross-examined by MR. A. METCALFE. I knew Ford by name and sight; he is well known in Kingston—my house is in Hackney Wick, on the other side of the water—it is about 100 yards from the railway station—I was going to the station when I met the two men going into my house—I was waiting at the station, and my wife sent for me to come back at once—I was away from my house between five and ten minutes.
FRANCES ANN CLARK . I am the wife of the last witness—on Saturday evening, 11th September, between 7 and 8 o'clock, the prisoners came in and Ford asked for a glass of the best ale and a 1d. of gin, for which he tendered a florin—I gave him the change—a man came at the time, and had a pint of beer and gave me a half-crown—I put the florin I had received from Ford, on the counter; I took it up at once and saw it was bad—I put it back in the bar separate from other money—Lee went out followed by Ford; they were gone a few minutes; Lee came in again, in about three minutes followed by Ford, and called for half a quartern of gin—he tendered a florin—I told him it was bad, and he said twice "Don't deface it"—when I was examining it under the gas he took it out of my hand—I sent for my husband and gave him the first florin which I bad received from Ford—this is it (produced).
Cross-examined by MR. A. METCALFE. My husband marked the florin; not directly be received it—it went into the till—I had cleared it, not five minutes before—there is a great deal of custom at our house; but we were very slack at that time, and they were the only two in front of the bar—my husband marked the florin when he came back—I did not notice that
it was bad at the time I received it, I put it in the till—it was about three minutes after the man came in and gave me the half-crown, and it was not until I put the florin on the counter that I found it was bad—I had seen Ford in my house, three or four times before, but I knew nothing of him—it was about three minutes after they went out that they came in again, and Lee gave me the second coin—Ford was close by him at that time.
Cross-examined by MR. W. SLEIGH. It was nearly ten minutes, between the first coin being given and second—Lee asked to be served the second time—I served them without speaking of the first coin, and I did not send for my husband until the second florin had be given, because I wished to be positive as I was alone—I had taken the first florin out of the till and had placed it separate from the other money—we only have one till, but there was no silver taken except the half-crown which I was going to give change for with the florin—I saw it was bad when I put it down, and I put it on one side and gave him another which I took from the back of the bar where we keep change for half-sovereigns and sovereigns—I said to Lee "Are you going to pay for it with, anything else?"—he said "No," and they went out of the house.
ABSOLOM SMITH (Policeman, T 269). On the evening, 11th September, about 7 o'clock, I went with Mr. Clark to his house, and Mr. Clark showed me this florin—I then went with Mr. Clark to the railway-station—Ford was 'standing on the top of the steps on the platform, and Lee on the steps near the window—when they saw us Lee walked up to Ford, and said "Come on," as there was a train coming into the station at the time—there were several passengers on the platform—Mr. Clark 'said "Those are the two men"—I ran up the steps and told them they must go back with me to the Rose and Crown—Mr. Clark pointed to Ford and said "That is the man that passed the florin," and she pointed to Lee and said "That is the man who tendered a florin for a quartern of gin"—I took the prisoners to the station at Kingston, and on the road under a lamp Inspector Stead and myself searched them and found on Lee 12s. 6d. in silver and bronze, and a ticket from Hackney Wick to Twickenham, dated 11th September, and 3d. on Ford—I afterwards received ten counterfeit florins from Davis—I released Lee, but afterwards apprehended him again.
Cross-examined by MR. A. METCALFE. I did not find any ticket on Ford, and only one on Lee.
Cross-examined by MR. W. SLEIGH. I have known Lee for three years—I have heard nothing against his character in any way—the prisoners had both been drinking, but they walked all right, but the last time I took Lee in custody he was quite drunk—I found him about three hours afterwards, at the foot of Kingston Bridge, about a quarter of a mile from the place—I did not find any bad money on him when I first took him.
JAMES DAVIS . I live at Hampton Wick—on 11th September I was going to the railway station to go by the 7.45 train—as I was going up the steps I saw a parcel on the window-ledge which contained these ten florins which I gave to the policeman.
JAMES BIRD . I was booking clerk at the Hampton Wick station, on 11th September—I sold two tickets for the 7.30 up train—I don't know whether a florin was given in payment, and I gave 1s. 6d. in change—I afterwards examined the till and found I had a bad florin.
The prisoners received good characters.
NOT GUILTY .
MR. COOKE conducted the Prosecution.
ELLEN GEORGE . I am barmaid at the Cafe Regence, Tichborne Street—on 11th October, about 11 o'clock, the prisoner came in for a glass of stout and handed me a florin, I tested it and found it was found; I bent it and showed it to the manager, who told me to keep it—I said nothing to the prisoner; he went away—I had seen him there on the 10th at 10 o'clock, with another person, one of them asked for some stout and a florin was tendered to me; they had got to the door when I found that it was bad.
Cross-examined by the Prisoner. I have two compartments—I count the money at 12.30, and on Sundays at 12 o'clock—I cannot say which of you gave me money on Sunday—you also gave me a florin on the Saturday night;. I do not know whether that was good, because I gave change for a sovereign afterwards, and may have paid it away, but I am positive about Monday night, when I bent it in the waiter's presence; I charged you with it, and you said that you would give me a half-crown for it, but I would not take it because you had been in twice before—the stout was not paid for; you were given in custody.
Re-examined. I took no other money between the time I took it and the time I examined it—this (produced) is the one I took on Sunday night, I marked it at the time I found it in the till.
WILLIAM TRAINMAR . I am a waiter at the Cafe Regence"—on Monday night, 11th October, the prisoner came in, and the last witness showed me a florin, which she broke in my presence—the manager was sent for—the prisoner said "I will pay for it with a half-crown," which he put down—the prisoner was given in custody—on the night before, Sunday, the prisoner came in with another man, they were served, and I saw them each drinking a glass of stout, and saw a florin on the counter—they left directly, leaving about half of their beer—Miss George then showed me this florin (produced).
GEORGE WOOLWAY (Policeman 23). The prisoner was given in my charge at the Cafe" Regence—he said that if the. florin was bad he was willing to give a good half-crown for it—I took him to the station and found on him 5s. 6d. in silver, and 4 1/2 d. in bronze; he refused his name and address.
Cross-examined. I should say that you were sober—the 4 1/2 d. was in your trousers pocket, and the 5s. 6d. in your coat pocket.
The Prisoner in his defence stated that a friend asked him to have a glass of stout on the Sunday night, and that he did not know with what money his friend paid, and that on the Monday night as the bad coin was found in the till it might have been passed by some other person.
NOT GUILTY .
OLD COURT.—Tuesday, October 26th, 1875.
Before Mr. Recorder.
The following prisoners
572. EDWARD PULSFORD (40) , to feloniously forging and uttering a receipt for 1l. 14s. 2 1/2 d., with intent to defraud—Recommended to mercy by the Prosecutors— Two Months' Imprisonment. [Pleaded guilty: See original trial image.]
574. CHARLES MAVROCORDATO (40) , to unlawfully obtaining by means of false pretences from Charles David Moss and others, various valuable securities for the payment of money with intent to defraud— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
MR. GLYN for the Prosecution offered no evidence.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM DARVILL . I am a carman, employed by George Bartholomew & Co., of Finsbury Pavement, upholsterers—about 10 o'clock on the morning of 18th September, I was loading a van at the bank entrance in Little Moorfields, and from what a gentleman said to me I ran round into Short Street, where I saw the prisoner—he had this parcel (produced) under his arm, which contain a tablecover, value 25s.—I stopped him—he gave mo the parcel and asked me to let him go—I sent for a constable and gave him in charge—I had seen the parcel almost immediately before close against the door-step—I had just turned round in the van packing some goods away when the gentleman spoke to me.
Cross-examined by the Prisoner. I did not see you pick the parcel up; you were with another man; but when I caught hold of you, you had the parcel under your arm.
GEORGE HAMPTON (City Policeman 118). The prisoner was given into my custody by the last witness, and charged with stealing this parcel—he said "Another chap picked it up and gave it to me"—no one was with him at that time.
The Prisoner in his defence stated that he had just left his father's house and was on his way to the Charing Cross Hospital, to have his arm dressed, which had been amputated there sometime before, that he met a man whom he knew, and as they passed by Little Moorfields, this parcel was on the pavement, and the other man picked it up, that he was in the act of opening the parcel to see what it contained when the constable took him.
He further PLEADED GUILTY to having been before convicted in January, 1874, in the name of William Gray*— Eighteen, Months' Imprisonment.
MR. PLATT conducted the Prosecution.
JOHN WOODMAN . I am a labourer, and live at the Marsh, Pinner—on 3rd August last, about 4.30 in the day, I was with the prisoner and two other man in a hayfield at Cannon's farm—during the work the prisoner took up two pitchforks over his shoulder, the ends of the prongs being behind him—I said to him "You have got the two lightest forks, Starchey," and I walked up behind him and drew one back, and laughed and walked
threw one of the forks at me—I was just the length of the fork from him; he had the handle in his hand—when he threw it he said "Take that, you b----"—one of the prongs caught him in the back, and one in the side—it was a large fork, with prongs about a foot wide—when I found I was stabbed I put my hand and drew the fork from my back, pulled it out, and dropped on the hay—I said "Oh, Starchey, how could you do a thing like that?"—he said "I will kill you, you b----"—I felt very faint—I was taken home in a cart and put to bed, and was attended by Dr. Dove—I was in bed altogether about three weeks—I am not very well yet—it could not have been the handle of the fork that struck me; the handle could not have struck the ground first, and then turned over and struck me—I was just the length of the fork from him.
Prisoner. He was two lengths of the fork off when I pitched it, and it struck the ground turned over. Witness. No, I would have to be three lengths off to no that; it could not have been done in that way.
JAMES BACKLEY . I was with the prisoner and prosecutor at Pinner on the 3rd—I saw the prisoner with two forks on his shoulder—Woodman came up behind him and drew one away from him, and the prisoner turned round and deliberately threw it over at him, and said "Take that, you b----"—it caught him in the side and back; he fell on the stubble of hay and said something, I could not make out what—I am sure he threw the points towards him; he was very nearly close to him—the fork was very long; he must have been a little more than the length of the fork from him—the handle never touched the ground or turned over—I should not think it was an accident.
BATHURST DOVE . I am a surgeon at Pinner—on the night of 4th August I saw the prosecutor at his house; he was suffering from two wounds in the side and back—they were small wounds; they might have been done by a pitchfork—the wounds were near enough to each other to have been caused by the same fork if thrown with violence—at first I apprehended serious consequences, because it was a dangerous vicinity—I believe he had been in ill-health previously.
CHARLES BARNES (Policeman X 120). I took the prisoner into custody—he came to me and gave himself up—he said "I understand you want me?"—I said "Yes, Dell, I have been looking after you for stabbing Woodman in the back with a hay fork"—he said it was an accident; he could not help it, but he done it.
Witness for the Defence.
WILLIAM LANGTHORNE . I am ten years old—I was working in this field with the others—Dell had two forks on his back; Woodman came and took one of them—Dell turned round and pitched one at him, handle first—the handle hit against the ground, turned over, and both points hit Woodman in the back—the handle did not strike him—he was about 3 yards off when he threw it; I was 5 yards off.
Cross-examined. I saw the whole of it—I heard Dell call out "Take that you b----"—I did not hear Woodman say "Starchey, how could you do it?" or hear Dell say "I would kill you you b----"
GUILTY of Unlawfully Wounding — Two Months' Imprisonment.
MR. ST. AUBYN conducted the Prosecution.
JOHN HENRY WALBROOK . I keep the Scarborough Arms, St. Mark Street, Whitechapel—on the morning of 23rd I went to bed about 1.30 I looked the house up and fastened the doors and windows—I came down in the morning about 5.45—found the bar door broken open and two cupboards—the parlour window and shutters were partly open and I missed 1s. worth of coppers.
FREDERICK MOORHOUSE (Police Sergeant H 10). About 5.45 on this morning I was at the window of the Leman Street station and saw the prisoner getting over a wall 14 feet high, a party wall between No. 9, St. Mark Street from the Vicarage—No. 9 is two doors from the Scarborough Arms—I have known the prisoner for the last five years.
JAMES IRVING (Policeman II 40). On 23rd September, at 1.30 in "the morning, I was in St. Mark Street at the corner of the Scarborough Arms public-house—I saw the prisoner, he asked me to come round to his old people's house and knock at the door and ask them to allow him to come in and I declined doing so.
JOHN STEVENS (Detective Officer). From certain instructions I went to the Scarborough Arms—I saw marks on the wall leading to the back yard about 10 feet high, apparently somebody had been clambering up—I went inside and saw the padlock of the bar parlour door broken, two cupboards in the bar parlour were forced open, the place was in great confusion, all the drawers were open and everything turned over.
WILLIAM GIRLING (Detective Officer). I apprehended the prisoner—I told him I should take him custody for two burglaries, one at the Scarborough Arms—he said "I am entirely innocent, but I suppose you will make it hot for me this time"—I found nothing on him.
[See next trial.]
MR. ST. AUBYN conducted the Prosecution.
WILLIAM ELLAND . I am manager to Mr. Thope, a grocer, of 128, High Street, Whitechapel—I came there at 7.50 on 23rd September, I found a police-constable in the passage, the window was open, the till had been forced at the side, a piece was broken out at the side of the till and about 5s. worth of halfpence taken—I had seen it safe at 9.30 the previous evening—a pane of glass which had been recently put in was taken clean out of the frame.
SAMUEL SKINNER (Policeman H 13). By direction of Mr. Moorhouse I gave chase to the prisoner—I saw him drop over the wall of the parsonage into Tenter Street East—I lost him, a boy gave me some information—the wall he came over parts Mr. Thorpe's place from the parsonage.
FREDERICK MOORHOUSE (Police Sergeant H 10). At 6.30 on the morning of 23rd I saw the prisoner getting over the party wall between No. 9 and the vicarage—there were two boards placed against the vicarage side of the vicarage wall and the prisoner was sliding down those—I saw him cross the garden and I directed Skinner to follow him.
JOHN PIPER . I am a paper boy, and live at 43, Leman Street—a little after 6 o'clock on the morning of 23rd September, as I was going to work, I saw the prisoner in Tenter Street East, walking rather sharp—I saw Skinner and told him something.
garden I saw two planks laid against the wall, and dirty footmarks going up the plank; also on the wall and on a dustbin there were marks of a person getting down—I examined the prosecutors house and found a padlock forced from the door, and a square of glass taken out of the window, and laid on one side; the top sash was pulled down—there were footmarks on the counter quite damp—a piece was cut out at the side of the till large enough for a hand to go in and take the money.
The Prisoner's Statement before the Magistrate. "On Wednesday night I went to the play and came home late and knocked, father would not let me in. I went to Katharine Wharf, there was no work, and I went to Joyce's barge in the morning at 5.30, and started to begin work at fruit carrying, and at 12 o'clock I came home.
NOT GUILTY .
NEW COURT.—Tuesday, October 26th, 1875.
Before Robert Malcolm Kerr, Esq.
MR. COOKE conducted the Prosecution; and MR. THORNE COLE the Defence.
FRANCES HOLLOWAY . I am barmaid at the Shades, Villiers Street, Strand—on 7th October I served the prisoner with 2d. worth of gin, he gave me a florin—I gave him the change and bent it, and took it to the manageress who told him it was bad—he then paid me for the gin—he was given in charge—I had seen him once before and recognised him as having been there on the previous Thursday or Friday—I knew his voice—he gave me a bad half-crown on that occasion, and immediately after he had gone, the manageress found it in the till where I had put it—this is the florin—I identify it because I bent it—it was given to Robinson the detective—this is the half-crown.
Cross-examined. I was about a minute looking for the manageress—I shut the till when I put the florin in, but I opened it again immediately—there was no other silver there but shillings, I am positive of that—I am sure it was on the previous Thursday or Friday, 30th September or 1st October, that the prisoner was there before, and it was 5 o'clock or 5.30—I put the half-crown in the till and the manageress took it out about a quarter of an hour afterwards—I examined the till on that occasion, and it was the only half-crown there.
ANNIE TAPPER . I manage the Shades, Villiers Street—on 7th October about 10 p.m., the last witness asked me to look at a florin, I did so, and went to the prisoner and said "This is a bad two shilling piece, you must give me the change back again," and he did so, and paid me with a three penny piece, which was not part of the change which I had given him—Miss Holloway then said "This is the man who gave me the half-crown last Thursday or Friday"—I then gave him in charge—I found this bad half crown when I cleared the till the week before—there were only smaller coins there—I put it on the shelf and afterwards gave it to Robinson.
WILLIAM ROBINSON . I am a private detective, and live at Charing Cross Hotel—on 7th October I was sent for to the Shades, and found the prisoner there—I took this florin from his hand and gave it the constable.
charge—I found on him a good shilling and 1 1/2 d.—Robinson gave me this florin and half-crown.
EMILY MOSELEY . I am barmaid to Mr. Kennett, of the George and Dragon, Greek Street, Soho—on Sunday, 18th August, the prisoner gave me a bad florin for a 2d. cigar—Mr. Kennett took it out of my hand in his presence, bit it, and passed it to Mr. Kennett, who bit a piece out of it and gave it back to her—she passed it to a man over the bar to look at it, and he threw it an the floor and put his foot on it, (he had not come in with the prisoner)—Mr. Kennett took it up and it was given to the police—this is it—the prisoner was given in charge.
WALTER KENNETT . My wife is ill and is not here—I was in the bar on 18th August, and she gave me a bad florin in the prisoner's presence, saying that he had passed it, and that she believed he had passed the other one" (we had taken during the day)—I bit a piece out of it, and gave it back to her—some one on the other side of the bar said "Let me look at it, Mr. Kennett," and when I asked for it back again they hummed and ahed about it—I said "This is not business"—I went round to the front of the bar and heard it drop, and found a man with his foot on it—the prisoner was taken to Marlborough Street and discharged.
Cross-examined. Just before the prisoner tendered the florin I had served him with beer and he paid me with a penny.
Cross-examined. I was present at Marlborough Street when the prisoner was discharged.
Witness for the Defence.
JAMES HORMSRY . The prisoner is my son, and is in my service—I am a builder, of 7, Grafton Street,-Soho—on Thursday, 30th September, he was cleaning a cellar out till 7 o'clock and then he went out—on the Friday he was at home from 3 till 8 o'clock doing something in the shop—he did not go out, I would not let him.
Cross-examined by MR. COOK. He was always at home at work till 7 or 8 o'clock in the evening—I know that he was at home on these two particular days because J had my attention called to it—he was about the place at work on Wednesday, the 29th, and also on the Tuesday—he was always at work—the 29th was called to my attention because my son and daughter said that it could not have been him, and we tried to recollect where he was and remembered that he had cleaned the cellar out—I live 200 or 300 yards from the George and Dragon and about a mile from the Shades in Villiers Street—I do not know where my son was at the end of June, 1874; I do not remember the dates—I know he was away some time; he has been to sea—I don't know whether he was at sea then or where he was—I do know where he was, but I would rather not tell.
NOT GUILTY .
MR. STRAIGHT and MR. AUSTIN METCALFE conducted the Prosecution.
Bishop's Road which is a receiving office—in consequence of some complaints to me I made up a test letter on 5th October; I enclosed 180 penny postage stamps in a blue envelope which I securely fastened and sealed and addressed it to Miss A. Walwyn, 3, Wood's Cottages, Buckland Road, Dover—I had marked each stamp with invisible ink—I posted the letter at Bishop's Róad office at about 5.15—the box closes at 5.30 and the prisoner would then make up the collection' for the letter-carrier, who would take it to the Spring Street office, reaching there shortly before 6 o'clock—a communication was made to me and I went to the Bishop's Road office again shortly after 6 o'clock—I saw Mr. Hutchins outside—I did not go in then, but I went past the office several times between then and 7.50—I also sent several persons into the office to purchase stamps and I went in myself, but the prisoner did not know what I went in for—Miss Crossley was there and the prisoner—Miss Crossley left at 7.50, leaving the prisoner in charge—the box closed again at 8 o'clock, and the carrier called for the letters at 8.15—it was the prisoner's duty and no one else's to take out the 8 o'clock collection—I went to and fro several times, I intended going in at 8.10, but saw the prisoner engaged very busily at the post-office counter—I went on and returned again and about five minutes afterwards I went into the office with a policeman—the prisoner was then at the extreme end of the batter's counter putting on his hat and coat to go home—I said "I belong to the Post Office, where is the 8 o'clock collection?"—he said "There it is"—I went inside; the bag was tied and sealed, I cut it open and found that the letter was not there—I tied it up again and said "Did you make up the 5.30 collections"—he said "Yes"—I said "I posted a letter here by that collection addressed to Miss A. Walwyn, search has been made for it and it was not there, do you know anything about it?"—he said "No"—I said "Did you make up the 8 o'clock collection?"—he said "Yes"—I said "Did you" dispatch the whole of the letters to Spring Street office?"—he said "Yes"—I stooped down and pulled out the drawers of the box—which the letters fall into, one under the other, so that there is no possibility of their going on to the floor; I looked down and saw an unobliterated postage stamp which had been torn from an envelope; I looked at it and found that it was the marked stamp which I had put on the envelope addressed to Miss Walwyn—this is it (produced)—I saw these pieces of paper on the floor, the half-sheet had been torn into sixty two pieces—I said "Why, here is the stamp and a portion of the envelope I have been speaking to you about"—he said "I know nothing about them"—I said "Where are the keys of the till?"—he said "There they are"—I said "No"—he said "They were there before you opened the bag"—I said "I am certain they were not"—Miss Crossley then came in and said that she had left them on the counter—the constable spoke to him and they walked to the other end of the shop, and Butler returned with the keys with which I opened the post-office till and found there one piece of twenty-four penny stamps, ten pieces of twelve, ten of nine, and others, amounting altogether to 241 stamps, 108 of which I identified by my test as coming out of Miss Walwyn's letter—I told the prisoner that and he said "I know nothing about them"—I gave him in custody—next day at Bow Street Mr. Angle handed me these seventy-four stamps—I have applied my test to them and seventy-one of them came out of Miss Wahwyn's letter—only one is missing.
Cross-examined by the Prisoner. You are under the authority of the General Post Office; you are a servant of the post-office, and are responsible
—you have been sworn before a Magistrate, and have signed a declaration—you were paid by Mr. Angle, and not by the post-office authorities—I came into the office about 7.30, and spoke to you, but you did not know me—Mr. Sidney Angle also spoke to me, and I walked out with him—I afterwards stood in front of the window; I could see over the letter-box—there is a small opening, and I could see your face as plainly as I can now but I could not see your hands.
HENRY ANGLE . I am a post-office letter receiver, of Bishop's Road, Paddington—the prisoner came into my employment about a year and a half ago—he was to attend to the hat customers and to assist in the post-office generally—it was his duty to clear the boxes and hand the letters to the letter carrier who called for the collection, and he always did it—Miss Crossley is my clerk—she has nothing to do with collecting letters from the letter-box; her duty was confined to selling stamps, attending to the telegraph business, and money orders, the savings bank, and the general business of the post-office—she had the keys of two drawers in the post-office counter—there was also a drawer which was allotted to the prisoner for keeping stamps in, which he could sell before Miss Crossley arrived in the morning—no other persons were employed in the shop—the prisoner was paid by wages, and I took into account the duties he discharged in the. post-office; it was understood that he was to do all he could to assist in the post-office business.
Cross-examined. It was part of your agreement when you first came to look after the post-office—I should not have employed you unless you had agreed to serve in the post-office—my son, Frederick Thomas, was in charge of the post-office when you came—I do not remember what he was indebted to the post-office then; I had to pay some money which was lost during the time he was there—I do not know that he borrowed money out of the post-office—I do not remember saying to him "If you want money borrow t of me, and don't take it out of the post-office drawer"—after he left a lady had charge of the post-office, before Miss Crossley came—I told you that Mr. smith told me to be very careful of that lady, as she was wrong in her accounts—I do not remember that after she had been there ten or twelve lays she was 2l. short—Frederick Angle did not go upstairs and find the 1l., and say that it had just dropped out of the box; it was not in his bed-room, it was in my desk—your private drawer had no lock or key; anybody could go to it—the drawer where the stamps are kept has, I believe, been opened without a key by a good deal of wriggling, which I found out afterwards—the letter-boxes are difficult to draw out, but they are perfectly new; no one could get them out without being heard—they are not locked; anybody in the post-office could take a letter out, and anybody could have made the collection at 5 o'clock instead of 5.30—I never saw letters all found the box—I do not know that we have found letters there days after wards—on one occasion my son Sidney paid money out of the till after you had gone of a night, and I told him never to do it again—you told me of it the same day, and I gave you the half-crown out of my pocket—I do not know that you complained to me of his abusing and threatening you for telling me; he is here—you were generally given the post-office keys of a morning before Miss Crossley came—you had the private drawer to keep a pound's worth of stamps in—when you closed the shop you sometimes gave the key to me and sometimes to my son.
Re-examined. I have no charge of dishonesty to make against my son
Frederick—my son Sidney is not a thief—I have no reason to suspect my sons in reference to any of these transactions—the post-office is shut away by doors, which are bolted inside, from the rest of the shop—no one had access to it except the prisoner and Miss Crossley—when there is no one inside anybody can get in, but persons inside can keep anybody out if they choose—I believe the half-crown which Sidney had was to purchase something connected with the house.
EMMA CROSSLEY . I am a clerk at the Bishops Road receiving office and have been employed in the post-office seven months—the prisoner assisted me, he was in the habit of collecting the letters out of the box and making them up, and they were handed over to the carrier—a communication was made to me a fortnight previously, that a test was going to be applied to the office, and on 5th October, I was there at 5 o'clock, and I remember the prisoner making the collection at 5.30—no one but he and I were engaged in the post-office—when he had collected the letters out of the box they were given to the collector—they are not sealed at that hour, only at 8 o'clock—I left at 5.50, but was not away more than five minutes, when I returned and remained, till 7.50, and left about 140 penny' stamps in the till—I locked the till and left the prisoner in the office when I went away—I put the keys on the post-office counter, that was the practice—I returned that evening with Mr. Stevens, who asked me where I had left the keys; I said said "On the counter"—they were not there then, and he asked the prisoner where they were—he said that he had not touched them—next morning when I went on duty, Mr. F. T. Angle made a communication to me in consequence of which I went to the prisoner's private drawer and found seventy-four postage stamps there which were put into an envelope and given to Mr. Angle.
Cross-examined. I had finished my tea when Mr. F. Angle came back to the shop, but I had not made up my account then; I made it up afterwards—these (produced) are the two papers on which I made it up—they both tally as to the amount of stamps, the one made up late and the former one—I make up my accounts every night—I have only twice made imaginary accounts when Mr. Angle gave me permission to leave early, and I made a guess at the number of stamps I had sold during the day—you always cleared the boxes as a rule, but occasionally I did it if you were out of the way—the postmen have cleared the boxes themselves—the stamp drawer will open whether locked or not; it comes open with a jerk—that is the drawer where the seventy-five stamps were found—the keys were there after I left, and you could go to the till—I do not recollect Mr. F. Angle borrowing money out of my till—I do not remember saying to you one morning when you came "Mr. F. Angle has borrowed a half-crown out of your till; he will pay you to-night"—I do not recollect his paying me a half-crown one Friday night—I cannot recollect being thirty-seven short—I was short occasionally, and I always made it up, not out of my own pocket but by buying stamps of the public, there is a commission of so much in the pound—I do not remember saying to you "If it is done again I shall acquaint his father, I am not going to have money taken out of my till, if you do out of yours"—I had generally gone before the 8 o'clock letters were tied up.
Q. Have not we frequently made up the money at night perfectly correct, not only my money but your own and both left the place together and found money short in the morning out of both tills? A. I never
counted it in the morning—I know that you have found your money and stamps short, but I don't know at what part of the day.
Re-examined. I had nothing but his assertion that his money was short—I have no reason to suspect either of Mr. Angle's sons of stealing from my till or to complain of their taking it—on 4th October, the night before this took place, I found 1l. 4s. deficient in cash and stamps and I told the prisoner so—on the evening of the 5th before I left I went through the amount in my till with him, I was then 1l. 4s. 11d. short—cash and stamps had somehow got out of my till to that amount and that had to be made up somehow—I had made complaints to Mr. Angle previously—my account was quite right on the 2nd and on the 3rd; they are all right going back to September 15—supposing I had money over it would appear at the bottom of the book—I may have had a shilling or so over.
By the Prisoner. I never gave you 4s. or 5s., half of the money I had over, nor did I pay my half into the savings bank—I had a bank book and I recollect paying in 1s. and 4s.
By THE COURT. That was money of my own, it was not money over—I told no one but the prisoner that my money was short on the 4th and 5th—I told him because I could not make it right and asked him to assist me and go through the money and stamps, which he did and he found it out by assisting me—it was not till the morning of the 5th that I told him that I was short, not on the evening of the 4th—I went through with him on the evening of the 5th about 7.30 and then I was short 1l. 4s. 11d.—I did not mention it to Mr. Angle during the day that I was short, because I thought there might be some error which would be found out during the day.
FREDERICK THOMAS ANGLE . I am employed at a wool broker's office in Coleman Street and live with my father—I took charge of the post-office for five months prior to the prisoner coming into his employ and five months, afterwards—on 5th October I got home from the City about 6.30 and went to my tea—I did not see Mr. Stevens till he came in at about 8.15—down to that time I had not been in the post-office at all—I slept at my father's house that night and took charge of the premises—they were locked up in the usual way—about 8 o'clock next morning I went into the post-office and shortly afterwards Miss Crossley arrived—I was aware of the discovery of the stamps the preceding night and that the prisoner was in custody—I searched all the drawers in the post-office and as I drew open the drawer used by the prisoner Miss Crossley came downstairs and I called her attention to it, she took the seventy-four stamps and put them in an official envelope—she marked 6s. 2d. outside it—I did not go away that day, I took charge of the post-office.
Cross-examined. My money was not deficient when you first came, except 3l., which I borrowed, and there was an I O U for it in the drawer, which I showed you—I was not 10l. 14s. 9d. in arrear with the post-office when you came, that came gradually after you arrived—my father paid more than that for me, he paid 12l. 14s. 9d.—I also borrowed 3l. out of the drawer for my own use and put in an I O U, which was good as cash—my father did not reprimand me for taking money out of the till, I don't know that he knew it—I have never borrowed money of the post-office at any other time—I remember Mr. B----coming to the office for a week after you left, she always counted her money of a night; she was short one night and some one told me she was 2l. short—I do not know anything about it, I was not
employed there then—I used to take the keys of the post-office into my bed-room at night and the stamps as well, but not the stamps in the till—I do not remember my father coming home and finding that I was 2l. short—I remember finding a half-sovereign which fell off the bag, but that had nothing to do with the 2l.—I did not go to your private till that night, nobody looked to these stamps that night—my mother and I and all of them were there—they were aware of your having this private drawer, but we did not go to it when the detective came, because it slipped all our memories; there was no lock to it—I went to that drawer the first thing in the morning and called Miss Crossley, who took the stamps out of the drawer and counted them—there was altogether 1l. in stamps and money—I did not bring a half-crown out of Miss Crossley's drawer and tell you, nor any amount after I left the post-office, not a farthing—I have two drawers at the post-office by the side of the stamp drawer and one on the left hand side at the bottom—two of them are locked—the keys of those drawers are the same as the post-office drawers which I had every night.
By THE JURY. I could go into the post-office at any time I liked, and he could go to my drawers at any time he liked; they always brought me the keys.
Re-examined. I missed the 10l. 14s. 9d. after the prisoner came into the employment, and I had been there before for five months with another man and not a halfpenny was missed.
SIDNEY ANGLE . I am a son of Mr. Angle, and live with him at West Brompton—I do not assist him in his business—I was at my office, an engineer's, till 5.20—I then walked to my father's shop and remained there till 5.40, when I brought Miss Crossley's tea to her—I then went into the breakfast-room and had my tea, and left at 7.15—I was going up to the station, but Mr. Stephens stopped me and I came back with him.
Cross-examined. I once went to your private till for half a crown, which I wanted for the house when you were out, but I told you directly—you did not accuse me of it, for you did not know it till I told you, and you said that you had not looked in the drawer and did not know anything about it—I never took money out of the till before, but I have asked you for money I had not been rowing that afternoon—I came from my office at 5.20 and I was there the day before, too—I have not taken money out of your till to go out boating—when you told my father I came to the shop and gave you the money, and I might have called you a fool for interrupting them at tea.
Re-examined. I never took money out of the prisoner's till but once.
EDWARD FREDERICK BUTLER . I am a police-officer in the employment of the Post Office—at 5.15 on 5th October, I went to Mr. Angle's shop and saw Miss Crossley stamping money order forms, and the prisoner standing by her side—I had a letter in my hand, and I asked the prisoner for 10s. worth of penny stamps—he gave them to me—I tore the stamps into pieces, enclosed them in the letter and fastened it—I then held it up to him and said "Am I in time for Dover?" the prisoner said "Yes"—I went outside and posted a post card, and Mr. Stevens came along at the same time—I retained the letter, and this is it—Mr. Stevens posted a letter, the fragments of which have been found—after 8 o'clock when Mr. Stevens went into the shop,. I went with him—I heard some inquiry made for the keys and assisted Mr. Stevens in searching for them—we could "not find them—I wont to the prisoner and said "You must know where the keys are, because there has been no one else here but you since Miss Crossley
left"—he said that he had not touched the keys—I then went to the hatter's counter and took the keys up, and Mr. Stevens unlocked the drawers and found some stamps there, and he told the prisoner he identified them as the same he had enclosed in the missing letter—I searched the prisoner and found on him a purse and 1l. 17s. 6d.
Cross-examined. When I asked you whether the letter was in time you were standing by Miss Crossley's side at the post office counter—you were not at the further end holding a bag for a boy—I took a Church service away from your place—I did not ask you where you stole it from—I have not made any inquiries about it—I gave up the gold ring I had.
DANIEL HUTCHINGS . I am overseer at the branch office at Spring Street, Paddington—on the evening of 5th October I received the Bishops Road collection—I found no letter addressed to Miss Walwyn, Dover.
The Prisoner in his defence stated that he was not employed by the Post Office and received no remuneration whatever from them, but that he was in Mr. Angle's employ as saleman, and assisted sometimes in the post-office. He urged that the Jury could not rely upon the evidence when they had seen the loose way in which the business of the post-office had been conducted, that the drawer was unlocked and anyone would have put the stamps in, and that he neither stole the letter nor the stamps—
GUILTY — Five Years' Penal Servitude.
MR. R. COOK conducted the Prosecution.
GUILTY on the Second Count — Two Years' Imprisonment.
MR. MILLWOOD conducted the Prosecution.
JOHN WESTON . I am an officer in the Sailors Home, Well Street—on 18th October the prisoner came there and asked for a letter for A. C. Hughes—I made him repeat it three times, and then gave him the letter—I believe the prisoner to be the man.
MARY HUME WITHERS . I am a clerk in the Leman Street post-office—on the morning of 18th October, a man presented this order for 30s.—I believe the prisoner to be the man, but I cannot swear it—I asked him to sign it and he did so—later on in the afternoon the prisoner was brought there by the prosecutor and a constable—I said "Sign your name on this paper," and he signed both these names (produced)
ALFRED HUGHES . I am a ship's engineer and live at the Well Street Sailor's Home—on 18th October, I expected a letter from Landillo, but did not receive it—I know the prisoner, we have been shipmates together—this post-office order is not signed by me—I believe it to be the prisoners writing.
Cross-examined by the Prisoner. I did not see you in the shipping office, on the day I lost my letter; you went with me the day before, part of the way down to the ship, and I saw you off by Stepney Bridge.
By THE COURT. I have seen him write on board ship; I have been in his company for weeks together; he knew my name and I had told him that I expected money from Landillo; I did not tell him the amount, or where the letter was coming from, or that it would be addressed to the Home. (Policeman). On 18th October, I took the prisoner
in the East India Dock, and charged him with obtaining this letter—his ship was then being towed out—he said that he knew nothing about it—I saw him write on this paper; I saw him dabbing about and told him to write properly—he took the pen off a dozen times.
Prisoner's Defence. I did not know anything about what. I was charged with till Hughes told me; it is not likely I should let all my clothes go away in the ship for 30s.
GUILTY — Eighteen Months' Imprisonment.
OLD COURT.—Wednesday, October 27th, 1875.
Before Mr. Justice Grove.
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MR. CURTIS BENNETT with MR. ROXBROUGH the Defence.
GUILTY of concealing the birth — Twelve Months' Imprisonment.
MESSRS. POLAND and BEASLET conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
ERNEST KITTLE . I live at No. 1, Laurel Villas, Edmonton, I am 15 years of age—on the night of 19th September, I and my sister Jessie were at home alone; my father and the rest of the family were out of town there was nobody in the house, but ourselves—I went to bed that night at 7 o'clock, as soon as it was dark; that was my practice; I slept in the back bedroom, second floor; my sister slept in the same room—before going to bed I made the house secure; it was dark at that time—I locked the area door which leads into the breakfast room, and the breakfast room door was fastened, but not locked; I got into bed quickly—my sister was after me—about ten minutes after I had been in bed she called my attention to something, upon which I got out of bed and went to the window—I could see into the garden at the back of the house from the window; the garden is twice as long as this Court—I saw two men looking over the garden wall—I saw them leave the wall and go round to the front of the house; it is a semi-detached house—a minute or so after I heard a noise, as if the area door was being broken open—I then heard the breakfast room door open—I heard somebody coming up the stairs—I looked out at the door and saw a man coming up the stairs—I shut the door, opened the window, and called out for help and I threw a brush at the door of the next house No. 2, where Mr. Hurd lives—I heard somebody try to open the staircase window, and I heard a pane of glass broken, and somebody running down the stairs—I then unlocked my door and went down and opened the front door—there was a crowd round the gate, and Mr. Hurd came up; I saw nothing more of the man—afterwards when the detective came I examined the area door, it had been forced open, and I saw marks of a jemmy on it, and the lock was gone—a bag of school books and a coat which had been in the breakfast room the night before had been removed to the staircase window, a work-box had been forced open, and a needle-case, and purse taken, which were left in the hall, a writing-desk had been tried to be forced, and that was on the cheffonier in the breakfast room, and the cheffonier drawers were all open.
Cross-examined. It was a dark night; what the men were like I could
not tell—I did not hear any sound of voices in the house—as far as I could judge there was only one man in the house.
Re-examined. I only saw one; that was the one coming up the stairs—I saw two outside looking over the garden wall; they came round to the front together.
JESSIE KITTLE . I am eleven years old—on the night of 19th September I was keeping house for my brother—I went to bed about 7 o'clock—at that time the house was safe—my brother went to bed; I remained up doing my hair—while doing it I saw two men standing on some drain pipes looking over the garden wall—I spoke to my brother, and he got up and went to the window—I did not see anything more of the men—a minute or two afterwards I heard the area door being burst open—my brother called cat of window to Mr. Hurd for assistance, and he threw a brush out—I heard the breakfast-room door open, and heard some one rushing up the stairs; I did not see anybody—I heard them trying to open the staircase window; I heard them shaking it, and then heard a pane of glass broken—we shut our room door and locked it—we afterwards opened it; we heard them run downstairs, and we went down to the front door, opened it, and found a crowd there.
Cross-examined. As far as I could hear I only heard the footsteps of one man.
JAMES HURD . I live at 2, Laurel Villas, next door to Mr. Kittle—on the evening of 19th September, about 7.20, I was in my back parlour and heard the boy calling out for assistance—I had two friends with me, Alfred and Henry Bale—I went out through my conservatory and saw the lad at the window—he said "Mr. Hurd, there are thieves in the house"—I rushed through the passage, calling to my friends to come—we went to Mr. Kittle's front door and knocked, but could gain no admittance—I told my friends to stay there, and I went to the back—Alfred Bale stayed there, Henry Bale followed me—I heard the staircase window smashed, and some one attempting to get out that way—immediately afterwards Henry Bale cried out "Look out, Hurd, he is coming"—I jumped off the drain pipes which I had mounted, sprang between two trees, and caught the prisoner by the collar and brought him to the ground—he was about 25 feet from the garden wall; I did not see him till I caught him—he had rushed from the front of the house up a piece of waste ground at the side; I did not see him come out of the house—he was running—a struggle ensued—before he could rise from the ground my two friends came up and seized him—while we were struggling with him another man came up the waste ground from the front of the house and attacked me with this jemmy (produced)—I struck him four times in the eye—I retained my hold of the prisoner with my left hand and fought the other man with my right—all this time the prisoner was struggling to get on his feet, but we made it a point that he did not—we kept him—Air. Whitwell and a friend came up—the other man, hearing a cry of "Police!" left me and turned round to attack my friend on the other side of the prisoner, and he then ran off into the fields—we kept the prisoner and handed him over to the policeman—I got a deep gash in my arm; I have no use in my hand at present—I am afraid it will be Christmas before I can use it again.
ALFRED BALE . I am a printer, and live at 87, Great Titchfield Street—on this evening I and my brother were at Mr. Hurd's—I heard the alarm given, and ran out at the front with Mr. Hurd—I went into the front
garden of No. 1—Mr. Hurd went round to the back, and my brother followed him—while I was standing at the foot of the steps leading to the front door the prisoner rushed up the area steps and shot out of the gate, pulling it after him, shutting me in—I opened it in a moment, and went after him up the waste ground calling out—I did not lose sight of him; he was just in front of me the whole way—I saw Mr. Hurd collar him, and I laid hold of him too—I was just behind him, 2 or 3 yards perhaps, when Mr. Hurd caught him—he fought and struggled and kicked—he was part of the time on the ground, up and down; it was a rough and tumble fight—another man then came up—I did not see what he had with him—he was driving at us—when he ran away I found I had a wound in the hip—Mr. Whitwell and the police came up, and the prisoner was. secured.
Cross-examined. The prisoner called out to the other man as he ran away—I could not say what he said; apparently he called him by his name, calling for him to help him, as if he did not like being left.
GEORGE JAMES WHITWELL . I am a commercial traveller, of 5, Laurel Villas—on the night of 19th September, while walking in my garden, I heard some glass broken, apparently at No. I or 2—I went out with a neighbour round the piece of waste ground—there was a cry of "Murder!" and "Thieves!"—I saw Mr. Hurd holding the prisoner—when he was stabbed he was obliged to leave go of the prisoner from exhaustion, and I took him from him—next morning I examined the spot where the struggle had taken place, and found several large spots of blood on the ground.
ABRAHAM KELLY (Policeman AR 442). On Sunday night of 19th September, about 7.30,1 was on duty in Church Street, Edmonton—I heard some shouting—I went to the spot and found the prisoner on the ground and two or three gentlemen holding him, he was given into my custody and I took him to the station—I then returned to the spot and found this jemmy and this hat, which I gave to the prisoner next morning and he wore it—after his committal I took him to Newgate in a four-wheeled cab—as we came near the prison I turned to the left to see if we near the door of the prison I felt a sudden jerk on my shoulder, turned round and found that the prisoner had gone through the window of the cab, the door was closed, I had to open it to get out after him—he was handcuffed, he started off and I after him, I fell, got up again and ran after him down Cock Lane—I saw a man standing at the bottom of the lane with a hammer in his hand and I told the man to hit him with the hammer as he was going by—I caught him and brought him and brought him back.
BENJAMIN FAIRALL (City Detective). I examined the prosecutor's premises on the evening of the 19th—I found five marks on the area door which exactly corresponded with this jemmy, the box of the lock was forced back and the door forced open—this work-box had been forced open and it had a mark apparently made by the corner of the jemmy, and bo had the writing desk—a square of glass was broken in the staircase window.
GUILTY —He also
PLEADED GUILTY to—a previous conviction at this Court in September, 1870, when he was sentenced to Five Years' Penal Servitude— Ten Years' Penal Servitude.
NEW COURT.—Wednesday October 27th,1985 Before Mr. Justice. Quain.
MR. POULTER conducted the Prosecution.
CHARLOTTE STRATTON . I am the prisoner's wife, he is a painter—on 20th September we were living together at 2, Bull's Head Court, Westminster—I go out to work during the day—on 20th September after I left work I was going home and went to my husband at the Prince of Wales public-house, Vauxhall Bridge Road, at 6 p.m.—we both had some refreshment there and it was just before 7 o'clock when we left together—he then asked me what was the matter with me—I said that I felt rather upset, because I had not the rent to pay the landlady—he asked me if I had promised to pay her—I said "Yes"—he said—"Well, never mind the rent, I will see that it is paid"—I said "You had better see her yourself and tell her that you will pay her"—I told him to go on first and I would follow him shortly—he said "Where are you going"—I said "I have got some work which I cannot do to-night, I am so tired, I will go and see if I can get it done"—he asked how long I should be—I said "About half an hour"—I did not take it to the party I was going to; I saw my sister, and then met my mother and went home—it was then just upon 8 o'clock—the prisoner was standing at the door—I went up to him and he said "Where have you been?" he accompanied his words with a blow, first on side of my head and then on the other—he pushed me before him in the passage, held me while he unlocked the door, and then pushed me into the room, and I laid my head on the bed and he deliberately came across the room and stabbed me with a knife on my left ribs, under my arm—I had on a waterproof cloak, a cotton body, a white body, a pair of stays, and a chemise—I said "Harry, what have you done?"—he said "Nothing"—I said "You have stabbed me"—he said "I have not"—I put my hand to my side and brought it away, stained with blood—he said "My God, what have I done," and kissed me twice—he put his own hand there and brought it away stained with blood, and said "For God's sake don't say that I did it," and with that he kicked me—he said "Don't say that I did it"—I said "Harry, who can I say did it? I cannot say that it was myself that did it, and therefore I shall have to say that it was you"—I said "Harry, I feel as if I am dying, will you sit me down on a chair?"—he tore about the room as if he was mad—I don't know whether he fetched my mother or not, but she came and asked me what he had done; she lives next door—we were in the dark all this time—she fetched the landlady—a policeman came and asked me who had done it—I said "My husband"—he took me to the hospital—this (produced) is the knife, I saw it in his hand, it is the only one I had, except one without a handle.
By THE COURT. I have been married since 1864—I left my husband on 7th January and three weeks before this accident, and he came and asked me if I would take him back and he would be a better man, and I took him back—he was given to drink—he was not in regular employment, he only lid odd jobs—he will be thirty-three years old on the last day of next month—during the last three weeks what few halfpence he used to earn he aid out on the place, he never gave me any of it—he was not drunk on this day but he had had drink.
Cross-examined by the Prisoner. You did not give me any money during the three weeks you were back—I have two children—there was no light in the room, but the gas lamp in the court gave a reflection.
PHOEBE FARR . I am the mother of the last witness, and the wife of George Fair, of 3, Bull's Head Court—on 20th September, between 7 and 8 p.m., I was going down Stratton Ground and the prisoner called to me and asked me if I had seen Lottie, meaning his wife—I said that I had not since I left work—he said "I left her at the corner of Medway Street at 7 o'clock, she is gone a b----y long while on her errand, and I will mark her when she comes home"—I said "You must not fight," and I walked on—I afterwards saw my daughter as she was going home, and about ten minutes afterwards my husband said that Harry wanted me next door—I went to their room and my daughter was sitting on a chair, leaning her head against" the wall—I said "Harry, what have you done, have you been fighting?"—he said "Nothing"—I said "Lottie, what did he do to you?"—I saw she looked very pale—she said "Mother, I am dying"—I said "Where has he hit you?"—she said "He has stabbed me"—I put my hand under her waterproof and brought my fingers out with stains of blood—I knocked at the window as hard as I could and said "Oh, he has stabbed her, come in father!" meaning her father—the prisoner said "You are making a rare fuss, knocking like that," and said that he had done nothing—the landlord and my lodger next door came in and I gave her over to them and ran for a cab and a policeman—I then became so agitated that I don't know what passed—I went to the hospital with her.
Cross-examined. You did not complain to me of her being an hour and a half away, nor did I say "Where is she?" nor did you say "Where is she always?"—nothing of the kind occurred.
Re-examined. She works at the Military Stores; she was not in the habit of keeping needlessly from the house that I know of.
GEORGE PARSONS (Policeman B 455). I was fetched to 2, Bull's Head Court, by a little girl, went into a room on the ground floor and saw the prosecutrix sitting on a chair bleeding from a wound in her side—I asked her who had done it—she said "My husband stabbed me with a knife"—the prisoner was present, but said nothing—I sent for Gibson, another constable, who took the prisoner—I called a cab and took the prosecutrix to the hospital.
Cross-examined. I did not arrest you in the street three-quarters of an hour afterwards, I left you in the court when I carried the prosecutrix to the cab, and I sent for Gibson—I was not present when Gibson arrested you—I took the prosecutrix to the hospital because I thought she was dying, and when I came back I could not find you—I was called at 8.30.
GEORGE GIBSON (Policeman BR 40). I took the prisoner in Great Peter Street on the evening of September 20—he saw me and commenced running, but I took him by the arm and said that I should charge him with stabbing his wife, he said "Is that all you want me for?"—I took him to the station, and when the charge was read over to him he said "I was cutting some bread and butter and my wife came and said something to me, I pushed her away and the knife accidentally went into her"—he had blood on his right hand—I then went and searched his room and found on the table this knife with blood on it—I found no bread and butter, but he had a piece of bread in his pocket at the station—I received these clothes (produced), from Mr. Farr, they are cut through—I saw no butter in the
room—there was part of a loaf, a knife, and a cup and saucer on the table.
Cross-examined. I did not see Parsons till after I had arrested you, and you were at the station—I got my information from prosecutrix's father—I do not think you were on your way to the hospital when I arrested you, because when you saw me you ran—you were going down Great Peter Street—that is in the direction of the hospital—I could smell that you had been drinking, but you were not drunk.
By A JUROR. I took him at 8.40—the relief men came out at 8.50, and we met them, so that it was about 8.55 when we got to the station.
ARTHUR PRICE . I am house-surgeon at Westminster Hospital—on. The evening of 20th September, the prosecutrix was brought there by Parsons bleeding copiously from a punctured wound three quarters of an inch long, and an in inch and half or two inches deep—it penetrated to the fifth rib, and then turned backwards and upwards, through being stopped by the rib—she was in a very exhausted condition—it was a very forcible blow, it had bruised the rib very much, and she suffered from that for some time after she was well from the hemorrhage—she remained in the hospital a fortnight, and was in a very critical condition for five days—I should say that she was probably struck from behind, but I only express an opinion—if the knife had not been stopped by the rib she would most likely have died, because it would have penetrated the pleural cavity, and she was very ill without that—this knife is just the size of the wound, and would produce it; there is blood on it.
CHARLOTTE STRATTON (re-examined). We had no bread and butter in the house, but the breakfast things were on the table from the morning—as I laid my head down on the bed 1 could see the prisoner coming with the knife in his hand—from the time I laid my head on the bed I did not alter my position at all before being struck.
Prisoner. You have told a falsehood in saying there was no bread in the place, for there was some after I had put a slice and a half in my pocket Witness. I went in at dinner time and had two slices, and then there was none left—if the policeman saw bread on the table you must have taken it in with you—there was no bread on the top shelf of the sideboard at dinner time—I never spoke a word while I was on the bed.
PHOEBE FARR (re-examined). The prisoner stood at the fireplace with his arms folded while I was there—he did not express regret or say "What have I done?"—after he had stabbed his wife he called a little girl and sent her for a pint of ale and drank it, and the girl gave me 3d. change.
Prisoner. I was very faint, and sent the girl for a pint of porter, but not while my wife was in the room.
The Prisoner in his defence stated that during the time they were separated his wife was constantly out till after 12 o'clock at night; that on this occasion they quarrelled, and she threw herself on the bed, and that while he was cutting bread he struck her, forgetting that the knife was in his hand, and stabbed her accidentally, having no animosity against her—
GUILTY on Second Count — Five Years' Penal Servitude.
MR. DE MICHELE conducted the Prosecution; and MR. STRAIGHT the Defence.
Road, with my wife—the prisoner lodged in the same house with us previous to 29th September for some few weeks—I was on very intimate terms with, him, and he was in the habit of coming to my room—I do not think he has any occupation—on 29th September I had invited him to come in and smoke and have a chat, and he came in at about 6.50—my wife had this bottle of embrocation for a sprained ankle, and I placed it on the table in the front room—it is labelled "Poison," in large printed letters—when the prisoner came in he said "Would you and your wife like a glass of wine?"—I said "Thanks," and he went out to fetch it, as I suppose—I do not know where he was living at this time; he had no settled residence—there were no glasses there when he went away—while he was away my wife went into the other room and sat on the bed, as her ankle was sore—she sat on the bed, and I talked to her—the prisoner then spoke through the door, saying "There are two glasses of wine for you"—I went out almost directly and saw two glasses of what appeared to be port wine—I took up one glass and drank three-parts of the contents—the prisoner, was not there then; after speaking through the door he went away—after drinking I almost immediately vomited, and felt very stupid and giddy—I got an emetic and vomited more—I was told to walk about for three or four hours—I found the bottle empty on the table, and it was that which told me what I had taken.
Cross-examined. The prisoner had only ceased living in the same house with us for some few weeks—we were on very friendly terms, and he generally had tea or supper with us—I did not know that he had been five times in a lunatic asylum; I wish I had—I thought he was rather a funny character, but did not know that he was dangerous—he was given to practical jokes, and I have seen one or two instances of his roughness—on one occasion he deliberately pushed a child down on the pavement and walked over it—we have often had wine together before; I sometimes treated him—he has brought me wine on several occasions, and therefore I did not think it extraordinary, but took it with confidence—I found the bottle empty close by the glasses—he generally got the wine from Mr. Crodland's public-house—I think there must have been some wine with this mixture—no bottle was found in which the wine had been; he brought it on other occasions in a small flask in his pocket—it was always port—I saw no decanter—we had never had any unpleasantness to cause this; I do not know how to account for it—I drank rather heartily of it, and then found that it was burning my inside—I said "Come here, come here, I am poisoned."
FLORA BRAND . I am the wife of the last witness—on 29th September I had bought a bottle of stuff for my ancle labelled "Poison," this is it—I took the paper off it and put it on the table about 6.50, so that anybody could see the label—when the prisoner came in I pointed the bottle out—he picked up, looked at it and said "Poison!" and then he said "I could have given you a better prescription than that myself"—he then wrote a prescription, but I did not see what he wrote, I thought he was in fun, I did not think he meant it and I took no notice—he wrote something about oil and liniment—I have not got it, I have lost it—he had offered us some wine before—he sent for some glasses and brought them back—I had then gone into my bedroom to rest my ancle—I heard him pouring out the wine—he then tapped at the door and said "Here are two glasses of wine for you and Mr. Brand"—when I followed my husband into the room I found that the prisoner had gone—he usually stopped two hours when he came and on other occasions he has partaken of the wine—he
alleged no reason for going away—my husband had asked him to have a smoke or some supper and I expected him to stay the rest of the evening—I found my husband very ill and found the remains of something in one wine glass—the glass which was not touched was put into this other bottle.
Cross-examined. We have been on most friendly terms with the prisoner—I have noticed something peculiar about him, but I attributed it to drink—he was in the habit of drinking, but he was not drunk that night—I have seen him the worse for liquor on two or three occasions—he had had something to drink on that night.
Q. Had you? A. What! we had been to Hampstead Heath; if you mean to observe that we were under the influence of drink you are wrong—I shall not answer impertinent questions.
Q. Have you been taking anything this morning? A. Have you?—my mother was an Italian and I was born at Magenta—the prisoner had formerly lived in our house and he went down to his place at Winchmore Hill and came up and met us there every day—he usually goes there on Fridays and comes back on Mondays—I have known four or five months, he lived in the house and used coarse language and I did not like it and said that I would leave the house and they had to give him notice to quit—it was after that that my husband invited him to supper—he was with us a quarter of an hour or so on the evening of the 29th—he came back the same night and I answered the bell and said "You have tried to poison Frederick"—he laughed at me and I shut the door in his face—my husband had gone for an emetic at that time; the prisoner came a few minutes afterwards, it did not take quarter of an hour altogether—he came again next morning and inquired how Mr. Brand was—I did not see him, but I heard say "How is Mr. Brand this morning?" and the housekeeper said "You must not go upstairs."
By THE COURT. We have lived in the house six months, he was there before we went and my husband made his acquaintance—it was about a fortnight before 29th September that I complained of his language and he received the notice to quit—he begged to remain another week because he could not find rooms—ho was well aware that I had objected to his living in the house because I told him—it was through me that he had to leave the house—he came and took wine with us after that; my husband invited him—it was before I was married to Mr. Brand that I objected to the prisoner's coarse language—we have only been married two months—the prisoner had a written notice of ejectment after I complained of him—he was on friendly terms after that; he did not express himself as annoyed at my conduct.
JAMES BOGHURST (Police Sergeant Y R 5). On 29th September, at 9.45, I was called into the police-station—I subsequently went to 42, Camden Road, in a sitting room, on the first floor I found two glasses, one full, and the other empty—I placed the contents of the full glass into the larger of these two bottles—I saw the other when I was called into the station, and it was sealed by Inspector Gee—I delivered the big one to him and both glasses.
CHARLES TAYLOR (Detective Officer Y). I took the prisoner on the evening of September 30th, and told him the charge—he said "I know nothing about it"—he then said "I remember seeing the bottle on the table, and if the poison got into the glasses the Brands must have put it in themselves.
prosecutor and his wife, on the night of the 29th—I sealed both bottles and handed them to the medical gentleman.
DR. THOMAS STEVENSON . I am lecturer on chemistry at Guy's Hospital, and public analyst of St. Pancras—I received these two bottles from Inspector Gee; the larger one contained only a wine glass of liquid containing alcohol, opium, essential oil of camphor, ammonia, and a very small quantity of red colouring matter which might have been derived from red wine—this name and address was on the small bottle when I received it—the larger bottle contained a weaker solution; the proportion was about one to one and a half, the smaller bottle being the stronger—the explanation of that would be that the two glasses had wine or something in them, and that a larger quantity of the colour had been added to one than to the other; the two were similar, but of different strengths; there was double the quantity of opium in the smaller bottle to what was in—the larger—something must have been added to the larger bottle to dilute it—I simply reproduced those articles by adding certain things to port wine, which gave a similar taste and similar chemical tests—a person taking a wine glass of what was in the smaller bottle would take a dose of opium greater. than the minimum fatal dose—if he had drunk the whole glass there was enough to kill him—most probably it would not kill, but a similar quantity has been known to kill—in the other bottle there was about a fluid drachm "of laudanum, or four grains of opium—a wine glass of it would contain more than has been known to kill.
Cross-examined. There was alcohol and coloured matter in both, but I cannot say that it was wine, as it was so altered by the other ingredients—that was consistent with the presence of red wine—liniment for a sprained ancle would contain the ingredient I have mentioned, it would contain laudanum, and soap liniment, and compound camphor liniment, which contains spirits of wine—there is opium and alcohol, which is spirits of wine—the small bottle contains 1 1/2 ozs.; this wine glass would hold 2 ozs.—if you took the small bottle and poured the contents into the two wine glasses it would not half fill each—the large bottle contained more than would fill the small one.
WILLIAM L. SHEPPARD , M.R.C.S. I am a licentiate of the Hall, and keep a druggist's shop—I sold this small bottle to Mr. Brand—it was full, and contained 1 1/2 oz. of equal parts of tincture of opium, soap liniment, and compound camphor liniment—I added nothing else, but rosemary is contained in the compound camphor liniment—it was to be rubbed into her ankle—there was 1/2 oz. of tincture of opium, which would be made from 16 grains of solid opium; the smallest fatal dose of opium on record is 4 grains—I saw the liquid at Mr. Brand's house, and it had evidently had something added to it—I saw it in the two glasses, and put the remains into the small glass; it smelt as if wine had been added to it—I put no wine in.
By THE COURT. It was very much increased in quantity; nearly 4 oz. remained besides what was drunk, but I am guessing.
Witnesses for the Defence.
JAMES B. BRYAN , M.D. I am a member of the College of Physicians of London—I was connected with the Hoxton Private Asylum about ten years—I had the prisoner first under my charge there in 1845; I speak from notes—it was an ordinary case of acute mania—I remember that he conceived that his brother George had some intention to injure or murder him,
and the consequence was he had a loaded gun, and was going all over the neighbourhood, but not where his brother was likely to be—he was suffering from delusion—he was admitted on 9th July, 1845, and was discharged on February 6th, 1846—he was violent from time to time, but not as a general rule—he came in again on 23rd February, 1850, and was discharged on September 6th, 1850; he was under my charge for those seven months—I cannot recall the particular form his mania assumed then, but I know it was always that some one was about to destroy, or injure, or poison, or get rid of him, and that some of his relatives had poisoned some other people; it was always that some individuals were about to do him mischief, and he conceived that his sister was about to hurt some other member of his family he was not under my control at that place afterwards—he was in the asylum from October, 1855, till June 3rd, 1856, but at that time I had ceased to be the physician to the asylum, though I was constantly there, as my brother was superintendent of the asylum—the prisoner was there again on 23rd April, 1861, and was discharged on March 3rd, 1862—I should say that he was not there after that—this is a document from the asylum—I believe he was confined a fifth time at Bethnal Green—I have been present in Court during the hearing of this case, and have heard that as far as Mr. Brand was concerned they were on friendly terms—the act charged against the prisoner is consistent with any form of mania—the Lunatic Asylum was subject to the visitation of the Commissioners in Lunacy, and no person could be admitted without the certificate of two medical men that he was insane, and stating the data upon which that opinion is formed—I saw the prisoner after the charge was preferred at the police-court, and again at the Old Bailey, and in my opinion he is decidedly not a person of sound mind.
Cross-examined. He has never been of sound mind since I first saw him in 1845—the symptoms of acute mania are many, but it applies generally to the disease coming on suddenly, as if from some physical change—if he is now fifty-six, his age was twenty-six when he was first confined—my impression was that he was not a man of drunken habits, but that it is insanity depending on congenital deficiency of the brain, a constitutional case of insanity—it was such insanity that he would not be responsible for his acts other people looking on and not noticing it, is perfectly consistent with the act—it would not probably be the first visible symptom of the delusion, and in other respects he would behave as an ordinary man—I had not seen him latterly, but the appearance of his face and eyes when 1 saw him at the Old Bailey showed me at once that he was a man who had indulged in drinking for a long while to a great extent—taking spirituous liquors would render a man doubly insane—anything which caused the heart to send the blood to the brain would in a weakened brain destroy its power for action—it is an ordinary thing that he should appear like anybody else.
By THE COURT. The treatment of insane patients was a speciality with me at that time—I call it irresistible impulse—when a man has passed five or six years in an asylum and has been detained there by the medical attend-mt, without any desire to make a profit, no sane man could be detained—had the prisoner gone out and purchased this medicine and brought it into the louse he might have intenteded to poison, his finding it on the table makes considerable difference; in a man whose mind is weakened you cannot tell what passes, but I think this was a sort of temptation; he had been out to get the wine and there was the linament; I tell you deliberately that I do lot think he knew that he was doing wrong, or if he did, this was an irresistible
impulse—a case of poisoning had occurred at Penge, and I believe he had read of it, and very often in sane minds that is a temptation to crime.
HENRY CHARLES BURY , M.R.C.S. I have known the prisoner ten or twelve years at Colney Hatch—he lived a quarter of a mile from the asylum with his sister, who took care of him for years—my father attended him there, and also at Winchmore Hill—I have always considered the prisoner to be of unsound mind—he used to wander about the fields with a loaded gun and said that his brother wanted to shoot him; everybody was afraid of him—I conversed with him about it, and in 1867 I took him up to Bethnal Green Asylum; that is a private asylum—he was there for a month, and was much better in consequence of being restrained from drink—he is of unsound mind apart from drink, but when he drinks that accelerates it—looking at him as he stands now without any drink in him, I believe he is of unsound mind and not responsible for his actions.
Cross-examined. The form of his mania when he was confined was violence, acute mania,—when I saw him he was smashing everything in the kitchen and threatening to kill everybody—I have not studied madness very much—the longest period of confinement when I knew him was a month; that was after giving him self to drink.
By THE COURT. I have attended him and my father before me—my father would have been here but he is ill—I attended the prisoner as a family doctor; I had nothing to do with his mind, except in 1867, but I have met him and walked with him; he was then quite rational—he knew perfectly well on all other subjects what he was about, but he sometimes said that his sister was going to poison him when she brought up his tea every morning, and that his brother was going to shoot him—I have not known him for the last eight years, he has left Colney Hatch and gone to Winchmore Hill—as long as I have known him his mania was doing injury—he was capable of knowing right from wrong, with the exception of that one idea—I have no doubt that he has been decidedly insane ever since I have known him—he has been let out as cured five times and then he breaks out again.
Re-examined. The idea that persons are going to poison them is a frequent delusion of persons whose insanity is aggravated by drink.
JOHN CRESWELL , I am a surgeon, of Winchmore Hill—I have known the prisoner for the last seven or eight years, living with his sister—he has always been greatly addicted to drink, and then he was violent and decidedly insane, but when he was sober it was difficult to get him to admit any of his insane ideas—he has been under my care and attention—many of his ways were not those of a gentleman, he used to play foolish tricks and practical jokes, and when he gets a little drop of drink on board he is totally reckless—in my judgment he is decidedly of unsound mind, even when sober—he was very fond of his garden, and I have known him sow a bed of peas broadcast—I do not think he is responsible for his actions at this moment—I never knew him do anything malicious, it was more doing things foolishly—his sister has done all she could, and has had a keeper for him, but afterwards she Bent the prisoner away as he got so uncontrollable and made the house so miserable—they are all independent—the father was in some way connected with the City or the Lord Mayor.
Cross-examined. He has sense enough to conceal his insanity when he has not got drink in him—I never found it at other times, except in those foolish tricks and in making up messes for the servants—his impulses are not irresistible when he is sober.
By THE COURT. I do not know of the messes for the servants of my own knowledge—he did not make up mixtures for the servants and put them into port wine—I think he must have had a little drop of drink in him at the time, but he has mixed mustard and other things in the kitchen together just for the fun of the thing.
GEORGE F. CUTHBERT . I am a brother of the prisoner—he will be fifty-six next Sunday—he was first placed under restraint in 1845, and afterwards on four other occasions—my sister Betsy is very much attached to him, and he has lived with her for the latter part of his life—he is of a kind and generous disposition, but he would have impulses—I should say that even when perfectly sober he never was right, but of course when he was drunk he was very much worse—when he had not been drinking he told me that my sister was the murderer of the family, and that Dr. Bury was unwilling to give a certificate of his death, and he was not sure that he was not poisoned; that all the servants were bad characters, and put sneezing powders in the water to make us all sneeze—sometimes his conversation was almost learned, and the next moment he would fall off into something very stupid—on one or two occasions he said that his real father was confined in a cellar below—ever since 1845 he has been very eccentric at times, and my opinion is that he has never been really sane—on the occasion of his going to Hoxton House, he had gone to the station-house to complain to the police against me, but he had got a loaded gun and his mania was that I had got all the windows open, and was going to shoot him—the magistrate discharged him on the condition that I should take care of him, and actually lent me a policeman to take him to Hoxton House, Dr. Miles'.
Cross-examined. He was confined last about 1867, but there has been a kind of keeper with him at my sister's house—he was allowed to come to London and lodge here.
BETSY CUTHBERT . I am the prisoner's sister, and live at Winchmore Hill—he lived with me rather more than seven years—I was very much attached to him and anxious to take care of him—he left me nearly two years ago, and took a lodging in Camden Road on his own account—I hoped that a gentleman would be able to control him better than I could, and that if he did not like it he would return to me—I then went; into the country but he spent more than half his time with me—through the dreadful delusions he had I was frightened of him., and thought I ought to have some one to control him—I consider him of decidedly unsound mind, from the accusations he brought against me and my nephew, and the singular way in which he passed his time—he said that my man servant and I broke open his boxes and stole his things, and he constantly made charges against the servants, and said nothing about it the next day—he has mixed things for the servants, strawberries and mustard, but at my house it was whiskey and other things; it was mere boyish fun—the servants said that he would say "Just taste this, is not it nice?" but not to give it as medicine—when we went to Hoxton House he had cards printed "Sir John Cameron," but I have never heard him speak of that again—the chief accusation he brought against me was that I murdered my elder brother and my nephew.
Cross-examined. I believe that delusion was always on his mind, but it was worse when he had had drink—he passed his time in the garden very nicely, but he would go out and return in a violent state—he was in the
Habit of drinking a good deal of late years, and when he got the drink in him he was violent.
Re-examined. I had someone to take charge of him three different times; I was loath to have a certificate signed—it was merely as a protection to us and to see how he did pass his time—two of them said that he ought not to be allowed to remain with me—one of them was an attendant really placed by the doctors.
Witness in reply.
JOHN ROWLAND GIBSON . I am surgeon of Newgate, and have had the prisoner under my notice since his incarceration there, on, I believe, 14th October—I examined him with a view to discover the state of his mind, hearing that he had-been in an asylum more than once—I did not discover anything irrational in his mind, and I talked to him in relation to to the charge—as far as I could see he had the sense of an ordinary person; he treated every question I put to him naturally—he had the appearance of an inebriate, but his appearance now is very much improved—I examined him, but I was not aware of the delusions under which, he suffered—I referred to the charge; he discovered no delusion about it, but denied all knowledge of it—he seemed blank as to what had occurred.
Cross-examined. My observation is limited from 14th October, till the present tune—the opportunities of observation of the other medical gentlemen would be greater—they have given distinct evidence of insanity—one of the strongest evidences of insanity is delusion.
By THE COURT. I have heard a great deal more about him to-day than before—the general' evidence is that his mind is deranged; there is ro doubt of that.
NOT GUILTY, being insane — To be imprisoned during Her Majesty's Pleasure.
MR. DOUGLAS conducted the Prosecution.
GUILTY of the attempt — Two Years' Imprisonment.
THIRD COURT.—Wednesday, October 27th, 1875.
Before Mr. Recorder.
590. LEON SKALSKI (58) , Unlawfully obtaining by false pretences from Robert Cadenhead certain orders for the delivery of twelve pieces of woollen cloth and forty-seven pieces of duck, with intent to defraud.
MESSRS. STRAIGHT and SHERSTON-BAKER conducted the Prosecution; and MR. J. P. GRAIN the Defence.'
ROBERT CADENHEAD . I am a woollen merchant, in Sise Lane, City—I knew the prisoner previous to October, 1874, and had business dealings with him—on October 3rd a bill of "his fell due for 99l. 15s. 9d. for goods sold and delivered—on the 2nd he called at my office and saw some linen goods called "ducks" lying there, which I agreed to sell to him provided the bill due on the 3rd would be paid—he said "I am prepared to meet the bill, I have funds ready for it in the City and County Bank" and I supplied him with the ducks on that assurance, their value being 34l. 19s. 10d.—on the 3rd I had prepared some goods for him, but would not deliver them unless I was assured that the bill would be met—he then wished to buy some woollen cloths and I declined to sell them unless the bill would
he met—on his distinct assurance that he had the money in the bank I gave him a delivery order for twelve pieces of woollen cloth of the value of about 142l. 4s.—Pewtress, the packers, of Cannon Street, were to deliver them to him—the bill for the 99l. was dishonoured and I never received the money—the prisoner's offices were 8, Queen Victoria Street, City—I called there but did not find him—the last I saw of him was on Saturday, the 3rd October, until he was in the custody of the police—I applied for a warrant for his arrest and he was arrested about a year afterwards—I believed his statement as to having the money in the bank because I tested him in several ways—I put the question many times.
Cross-examined. My place of business is at 12, Sise Lane, where I have carried on business many years as a merchant—I had stock of my own—those woollen goods were my own—I have not been able to pay for them, I had known the prisoner four months previous to October—my first transaction with him was about July 30 when I called on him—I called on him many times—he asked me for many months' credit, and on this occasion I said "I will take a third in cash and the remainder in bills," and he paid me, I believe, 63l. in cash—that was not a transaction connected with the 99l. bill—the amount of the transaction on 30th July was 180l. odd—he accepted bills—I drew for the goods—I never borrowed a shilling of him—he made me a payment of 4l. 10s. on one occasion for goods sold for cash, part payment—he could not pay me 50l. he was to pay in cash—the amount of our transactions altogether would be about 1,000l.—I never had one accommodation transaction with him—the bill for 61l. was for goods sold in August—he could not pay in cash and I drew on him—the 99l. was for August 4 and July 29—I am looking at my book, where all the entries of goods are in detail, from which I copied the invoices—he took the bill up for 61l. due 10th. September himself, it was for goods sold and delivered—I never had any acceptance, I am quite sure I did not accept the bill for 61l. and ho had to take it up because I did not meet it—I delivered no more goods to Pewtress after I knew Skalski had not the money to meet the bill on the 3rd October—I sent invoices of goods purporting to be delivered, and if he had paid me the money he would have had them—I thought he should see the goods were ready, but I would not deliver them to him—that was the 7th or 8th—I knew by that time the bill had been returned—he mentioned something about going about and getting some money of his friends—I knew he was in partnership with a man named Rock, and that he lost money with him; and I told him if he did not part with Rock I would not do business with him, and he parted with Rock—I believe he left bis clerk at his office in Queen Victoria Street and that his wife was there when he went abroad—I took out the warrant on the 15th October and I next saw him in England when he was apprehended—I did not know that he was then carrying on business in London—he had another bill for about 200l. coming due on the 8th—he would have gone on step by step as a matter of course if he had met them.
Re-examined. He has failed to meet in all, bills to the extent of 600l. or 700l. and upwards—when I invoiced the other goods to him I was not aware of the state of his banking account.
By THE COURT. He said the money was in the bank to meet the bill—I made inquiries about the prisoner's respectability before I began dealing with him.
WILLIAM LEWIS ANSETT . I am a publisher at 7, Lovell's Court, Paternoster Row—in October, 1874, I was ledger keeper in the City and County Bank, 33, Abchurch Lane—the prisoner had an account there, which was opened on the 30th July, 1874, and the last cheque was drawn out on the 2nd October, 1874—on the 3rd October the balance standing to his credit was 1l. 8s. 6d.—the balance was the same on the 2nd—in the morning it was 5l. 8s. 6d., then a cheque for 4l. was drawn out—the balance on the 6th was the same—the account has never been closed—he has a balance of 7s. 6d. there now—the bank, unfortunately, is closed.
MEAD ALFRED RAY . I am clerk to Messrs. Pewtress, packers, of 104, Cannon Street—I remember early in October having twelve pieces of woollen cloth and forty-seven pieces of duck, which we held on account of Mr. Cadenhead—this is the delivery order for the four pieces of duck (produced) which I received on the 3rd October; it is endorsed by the prisoner, and on the 3rd we delivered the goods mentioned in that delivery order, to a gentleman of the name of Hurndall, a general merchant—on the 5th October we received this other delivery order (produced), signed by the prisoner, for the twelve pieces of woollens, which were delivered.
HENRY LAKE STERNDALE . I am a general merchant at 12, Skinner's Place, Sise Lane—on the 5th October I purchased of Skaski & Co; forty-seven pieces of duck for which I paid 12s. 6d. or 12s. 9d. a piece—I received the goods through Pewtress & Co. and paid the prisoner for them.
The Prisoner received a good character.
GUILTY — Eighteen Months' Imprisonment.
MR. AUSTIN METCALFE conducted the Prosecution.
CHARLES SPINNEY (City Policeman). On the 12th October, at about 11.45 in the day, I went to a public-house by Tower Hill Stairs—I was in plain clothes—I there saw the three prisoners and the prosecutor Martin—he was drunk and appeared to be asleep—McLochlan was on the right side of him, and the other two on the left—the prosecutor was sitting on a stool and they in front of him—I was outside and looked through the doors and saw McLochlan put her hand in his pocket and take out some coppers—he did not wake up at that—I could see it was bronze, but not see exactly what it was—they then walked to the other side of the room—I waited outside some little time, and they had some refreshment—they then came out, all there together, and I followed them on to Tower Hill and got the assistance of another constable, and I took Kingston into custody and the other constable took the other women—I told her I should take her into custody for picking a man's pocket in the Tower Hill public-house, and she said she knew nothing about it.
Cross-examined by Kingston. You asked me to go back to the public-house and inquire of the landlady whether a woman in the public-house didn't change a shilling and go to the door—I must have seen if you had spoken to anyone—the landlady said you had a pot of 6d. ale, and changed a 2s. piece for it.
By THE JURY. I don't know whether the prisoner's hand was empty when she put it into the. prosecutor's pocket—I saw the pence between her finger and thumb when she took it out.
THOMAS MARTIN . I live at 32, Upper Barnsbury Street, and am a salesman—I don't remember the 12th October; I remember part of the day; I was drinking—I last remember being in St. Katherine's Docks along with the captain of a ship—I don't recollect any of the three prisoners—I didn't give leave to either of them to put their hand in my pocket—when I left home in the morning I had half a sovereign and 4d. or 5d. in coppers—I went to the Meat Market and bought a shoulder of mutton and sent it home by one of my boys, and I then went to a tailor's at the bottom of Fenchurch Street to buy a coat—I could not have much left, I had something; I don't know how much—I don't remember going into the public-house—the police had got the women when I returned to consciousness—I don't know whether I had anything in my waistcoat pocket.
NOT GUILTY .
MR. J. P. GRAIN conducted the Prosecution; and MR. BESLEY the Defence.
NOT GUILTY .
MR. BRINDLEY for the Prosecution offered no evidence.
NOT GUILTY .
MR. POLAND with MR. AUSTIN METCALFE conducted the Prosecution; and MR. TICKELL the Defence.
CHARLES TURNER . I am a cashier at Messrs. Coutt's, with whom Messrs. Peto keep an account and have done so for some years past—this cheque (produced) was presented for payment on the 6th March, and paid by me; I put my initials on it, and it is my cancelling—it was paid in gold, which I know by the entry in my book, which I made—I could not swear that it was the prisoner who presented it—I know him and have paid him cheques.
Cross-examined. I have paid him a large number of cheques—I will not swear that the prisoner presented this—they draw many cheques—I know Mr. William Peto's signature very well, this is a fair imitation—it is intended to be an imitation of their handwriting, certainly—it was the habit of the firm to draw open cheques—it was not their invariable practice to draw crossed cheques—for wages and other things they drew open cheques.
Re-examined. If a cheque is presented by anyone I know I do not scrutinise it so much, when I am acquainted with the handwriting.
HENRY SYKES . I carry on business at Bankside, and am a dealer in machinery, and have for many years had transactions with Peto Brothers, of Pimlico—I know nothing of this cheque produced, "Pay Henry Sykes for hire of crane"—it is an entirely fictitious transaction—I never saw it until the inquiry took place.
Cross-examined. I have had transactions with Messrs. Peto before—I do not think I have been paid a sum of 28l—not that actual sum—I would not swear it from recollection—I have been paid greater and smaller ones, but I think not anything near that amount.
Re-examined. Nothing was due to me at that time—I had been paid by cheque.
WILLIAM HERBERT PETO . We carry on business as "Peto Brothers," and I am the manager of the firm and sign cheques—we keep an account with. Messrs. Coutts—this is the old cheque-book (produced) extending from September, 1874 to 1875—the prisoner was in our service for about nine months; I am not sure from when till when (referring to cheque book)—he was in our employ in September, 1874, and was dismissed in June, 1875—he may have been a month or two longer—the body of this cheque is in his hand-writing, that I have no doubt; the signature is an imitation of mine; it is not mine—the prisoner's duty when in our employ with regard to cheques was to fill up the bodies and counterfoils when instructed to do so—on referring to the counterfoil of this cheque I find that the cheque has been filled up against the wrong counterfoil, i.e., he has filled up the counterfoil of (Minson & Locke, and the cheque of Henry Sykes—the next one is filled up to Henry Sykes, the same as the one before—I signed no cheque at that time payable to Henry Sykes—I think we had no transactions with him at that time—the bottom counterfoil I find is filled up "Quinter Colliery Company, for bricks, 54l. 5s. 8d.—we had transactions with, Collinson & Lock, and the Quinter Colliery Company, at the time—on comparing the cheques with their proper counterfoils I find some referring to the same thing—the two sums Collinson & Lock, are the same—at March 11th, the whole leaf of counterfoils has been taken out and gummed in, and while out it has been folded in two places—I did not examine the counterfoil book while the prisoner was in our employ—I have looked at it constantly, but not with the idea of auditing it at all—the prisoner had charge of the book—it would be his duty to keep it locked up—no one besides him and myself would have access to it without his knowledge.
Cross-examined. He was instructed to keep it locked up, I think either in the strong room or his own drawer—two of the three cheques composing the whole leaf, the top and bottom ones, are marked "cancelled"—it was prisoner's duty to fill up cheques when instructed to do so—I believe our accounts are kept in perfect order—the ledger is worked up to the present time—I have not it here; it is daily use—we have a good business and are sometimes very busy—as a rule my manager tells him when a cheque ought to be filled up—he tells him to fill up cheques for those who have sent in their accounts, and he puts ticks against them—I never knew the manager to tell him by mistake to fill up a cheque for an amount already paid—I examine every cheque myself—we have had transactions with Sykes before—I cannot say exactly about the money we "may have owed Sykes previously, it was not 28l. at all events—we might have owed him a few pounds for repairing something—I don't know that Sykes was ever paid from this book at all—I don't think we paid him anything last year.—
COURT. Q. Did you always pay him by cheque? A. Always by cheque—the whole sheet of counterfoils has been torn out—the signature on the cheque in question is a fair imitation of mine—I am not surprised at any cashier at Messrs. Coutts having cashed it, if the prisoner presented it, without looking at it very closely.
Re-examined. I do not think there is any payment to Sykes in this book, I think it would be safe to say not for nine months before March—perhaps he may have been paid 4l. or 5l., (not more), in the book before probably.
By THE COURT. The prisoner would draw out a list of the bills sent in, and the amounts, and the manager would examine him as to whether he had tested the bills to see if they were correct, and examine them himself, and put a tick himself—we invariably cross the cheques payable to tradespeople unless they told us they had no banking account, and could not get cash—they are nearly always crossed—I believe the word "cancelled" in the counterfoil is in the prisoner's handwriting—I rather think it is an imitation of mine—it is certainly not mine—it is my invariable custom to cancel any cheque I do not wish to be paid—I tear it up myself—it would not be the duty of the prisoner if a cheque were drawn in error to mark it "cancelled"—I understand the question—he would have no right to do so.
WILLIAM DAVEY . I have been employed by Messrs. Collinson & Lock as cashier for the last five years—they have had transactions with Messrs. Peto—this cheque (produced) was received by my firm from Messrs. Peto, and passed through the bank in the ordinary course—this counterfoil refers to the same cheque—1,675 is evidently a counterfoil of the cheque in payment of the same amount exactly.
COURT. Q. Had you two cheques? A. Only one cheque—the cheque to which this counterfoil refers was never received by us—I should say from memory that we had only received that one cheque within a long period, at all events to that amount, 125l. odd.
ISAAC EBENEZER BOUCH . I am manager to the Quinter Colliery Company—Messrs. Peto have had several transactions with us—I always receive cheques—this cheque (produced) was received from Messrs. Peto—I did not receive another cheque about the same time for the same amount, not near that time at all.
GUILTY — Twelve Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution.
HENRY SLOW . I am foreman to Messrs. Benjamin Pardon, of Lovell's Court, Paternoster Row—on the 8th October, about 6.30, I was a few yards from the court when I saw two men (of whom the prisoner was one) with a barrow, on which were five reams of paper—I knew the paper, and I asked the prisoner where he was going to take it to—they were covering the paper with sacks—he said he was going to take it to some firm in Holborn; I think it was Poole's—I asked him where he got it from, and he said from Blackwood's, up Lovell's Court—there is a publisher there of that name, about 30 yards from us—I went back and looked into our premises, being the first door on the left up Lovell's Court, and I found the reams had been taken away by the way they had been stacked—I went back and overtook the two men with the paper at the-corner of Ivy Lane—they had taken the paper away—I said they had better come back and explain to Bhickwood's, because I believed it was out of our premises—the other man came back with me, and I turned round to go up THE JURY. and he turned away in an opposite direction, and I saw the prisoner running away with
the barrow of paper, and I ran after him and overtook him, and gave. him into custody—the value of the paper is 5l.—I had not seen the prisoner before to my knowledge.
Cross-examined by the Prisoner. When I told you the other man had run away, you told me to come up the road and see if I could find him—you asked me to go with you—you left the barrow and I got somebody to mind it, and walked up the road in search of a constable—you appeared to be sober—I did not see you take any paper; I said you had stolen the paper from seeing you in possession of it—you told the policeman that you were employed by the other man; I don't know anything about your understanding that the party was employed at my place—I did not know the other man; I should not know him again.
JOHN BENNETT (City Policeman 294). I was on duty on the day in question, and saw the last witness with the prisoner at the end of Paternoster Row, by Cheapside—the barrow was at the other end—the prisoner was given into my charge—I said "You will have to go back with me"—he said "I don't know anything about it"—I said "Do you know the other man?" and he said "No, I met him on the Viaduct; he said had some waste to move from Blackwood's in Paternoster Row, and I told him I would do it, and he gave me 6d."—he took 6d. from his pocket and said "This is the 6d. he gave me"—I asked him whose the barrow was, and he said the other man's; he didn't know anything about it.
HENRY DUPE (City Policeman 302). At about 7.45 on Friday night, the 8th October, I went to the prisoner's cell, when I found him suspended by this bit of string (produced) to the bar of the gate—I opened the gate and he broke down—he was much exhausted—in the course of a minute or so he came to himself, and said "All right, all right."
Prisoner. I was the worse for drink. Witness. He was not.
GUILTY **— Twelve Months' Imprisonment.
MR. THORNE COLE conducted the Prosecution.
FRANCOIS LEBAUD (Interpreted). I lived in the hotel, 35, Rathbone Place, for some time, but do not now—I have been in business as a baker—I have no business yet in London—I am a working baker—I had a bed-room in the hotel, and on Monday, the 27th September, I had a trunk in the bedroom—I only left it open once—I had in it seven notes of 1,000 francs each, and other smaller ones—I saw them safe in the trunk on the Monday, at about 3 o'clock in the afternoon—I missed them on the Wednesday following at 4.30—I had not left the trunk unlocked at any time between Monday at 3 o'clock and the time I missed the notes—I remember leaving the key in the trunk when we went to the table d'hote' for dinner on Tuesday at 6.30; I left the bedroom locked, and the key was in my pocket—that was the only occasion on which I left the key in the trunk—we were absent at dinner for about an hour—I did not find anyone in the room on my return or observe anything—on a former occasion, when we "went out and left the room in disorder, we found on our return that it had been done up, but on that day the room had been done already before we went down—on the occasion of finding the room had been done up in my
absence I had the key in my pocket as well—while I was at the hotel the prisoner was in the habit of attending to the room—when I discovered the loss of the money on the Wednesday I went to the police and gave information, and at once made known my loss to the landlord—the prisoner had told me that the hotel was for sale, and he heard me talk about purchasing it, and saw us go over it to inspect it—he knew that we had money, because we had told him we had not enough to purchase the hotel—the prisoner was charged on the Wednesday afternoon at Cremorne Gardens.
Cross-examined by the Prisoner. Sometimes the housemaid helped you to make the room up—nobody asked me to give up the key for that purpose; we had it always in our possession—I never asked for the key, and I never heard you say "The housemaid has got it"—I never found the key behind the door—on the Wednesday I found out my loss.
FRANCIS VERRIEST . I am the head-waiter at this hotel—the prisoner had been under waiter for three months; he left on Wednesday morning, 29th September, between 9.30 and 10 o'clock—he had not given notice to the landlord or to me, and I did not pay him any money—there were three days' wages due to him—I saw him go away; I did not know he was not coming back—I thought he was going on an errand—he had no things with him except his hat on, the same he has got on now.
Cross-examined. A few days before you left something happened about the wine; you said the governor had spoken to you, and if he did so again in that way you would leave the place—I told you you had no business to take any notice of that, that the governor didn't accuse you of doing wrong—it was about a small bottle or two of wine—I advised you not to go away; there was nothin against you except a small bottle or two of wine which had been lost amongst the servants.
By THE COURT. I gave the prisoner into custody at Cremorne on Wednesday evening, at about 10.50, from information the prosecutor received from a man who was out with the prisoner.
LEON FLORENCE . I am kitchen waiter at the hotel—on Wednesday, the 29th September, the prisoner left about 10 o'clock—I was every night in his company—I lent him 7s. 6d. in various sums, out of which he paid me back 4s., he owing me now 3s. 6d.—I lent him the week preceding the robbery 3s. only.
Cross-examined. You did not tell me you had left your money at home; you asked me to lend you 3s., as you wanted to sleep with a woman—I lent you 4s. first, and about two weeks after you returned it to me—that was about three weeks before you went away.
FRANK YOUNG . I am a postman, and have delivered a great many letters it the hotel in Rathbone Place—I remember delivering one there on Tuesday, the 28th. September, a registered letter—r don't know exactly the lame that was on it—there was only one registered letter left there; there nay have been other letters—there was only one foreign letter; I had a eceipt—it was for one of the waiters at the hotel; I could not say for ertain that I handed him this letter—I believe it was addressed "Leva-astjeur," and had the post-office stamp of 28th September on it.
Prisoner. It was to myself he gave the letter on that day.
CHARLES PINK (Policeman T 489). I took the prisoner into custody on the night of Wednesday, 29th September, at Cremorne; I was there doing duty—there was no interpreter there at that time, and I could not tell him the charge—I took him to the police-station, and he was there searched—Detective Marshall was there at the time.
HENRY MARSHALL (Detective Officer E). I was present with the last officer on Wednesday, the 29th September; I searched the prisoner—I found a purse containing fourteen sovereigns, and nine shillings in English money, seven twenty franc pieces, fourteen ten franc pieces, and four five franc pieces—I also found this gold watch and chain (produced), and this bill in his pocket, dated the same day (Wednesday)—the cost of the watch and chain is 8l. 15s.—he had on a new suit of clothes, new umbrella, and new hat; new clothes throughout—he was wearing them at Cremorne—I made inquiries and found he had bought them the same day—I heard him make a statement through Mr. Albert, the interpreter, that he had received a registered letter on the 28th from his brother-in-law—he gave the address of his brother-in-law as "Chemin d'Aulaze, Ruel, near Paris"—that is all I heard him say—the French police were communicated with
Prisoner. He found the money which belonged to me.
CHARLES ALBERT . I interpreted between the prisoner and prosecutor at the police-station and all through the case, which interpretation I gave truly—the prisoner said he had had a letter from his brother-in-law, but that he did not receive it in his own name, but in the name of Le Waux.
Prisoner's Statement before the Magistrate. "I am not guilty all. Prosecutor should know I did not enter his room on Wednesday. On Tuesday the housemaid and I cleaned his room together. I was not in his room on Wednesday, because 1 left that morning at 10 o'clock. The money belonged to me. It came in the name of Le Waux, in a registered letter seat by my brother-in-law, who lives at Chemin d'Aulaze, Ruel, near Paris, and who is employed in the Ministry of War in the Geographical Department. I received it on the 28th September. I changed the 1,000 frano note in Leicester Square.
GUILTY — Twelve Months' Imprisonment.
FOURTH COURT, Wednesday, October 27th, 1875.
Before Robert Malcolm Rerr, Esq.
MESSRS. BESLEY and A. B. KELLY conducted the Prosecution.
JOHN ANDREW GEORGE DIERMISSEN . I live at 19, Archway Place,. Upper Holloway—I am a saddler and harness maker—I am also a rag merchant and deal in second-hand goods—I had never seen the prisoner before June last—sometime in June he came into the shop and made a small purchase—he told me he was nine years a clerk in a solicitor's office, and he asked me if I had got any money owing me—I said I had got a few accounts, and he said he could get the money in for me without any trouble and without expense—I gave him the names of three people who owed me small sums—George Samuel Pritchard of Highgate Road, carman was one—this (produced) is the paper which I gave the prisoner, bearing the particulars of Mr. Pritchard's debt—I gave him authority to collect the money and hand it over to me—these words "Received the full amount owing to me from George Samuel Pritchard, 3l. 8s. 6d., John Andrew George Diermissen,"
were not on the paper when I handed it to him—I did not see the paper again till after he was in custody at the police-court—he produced it himself, and the Magistrate ordered it to be detained—after the 19th June he came to me on several occasions for money—he first told me he had put Mr. Pritchard in the Court of Common Pleas—that was about a week after I delivered the authority and the particulars, but I can't say the exact date—he then asked me for some money, and I gave him 5s.—I saw him again a few days after that, and he asked me for some more, and I gave him 6s.; and then I gave him another 7s. 6d.—afterwards he told me I bad to go to the Court of Common Pleas, as I had to buy two stamps of 10s. each, and a law book for 3s. 9d., and another book 1s. 9d.—he said; hat the money was paid into Court—he told me he had summoned Pritchard for 20l. 10s. 6d., and when I saw him again he wanted money again, it was the 28th July—I had gone to Judge's Chambers before that—he came to my shop and said I had to come with him to Judge's Chambers, and get the money out of Court that Pritchard had paid in—he aid he must have some more money to take the money out of Court—he said not say how much, but going home I told him I had not any money in my possession; I said if he would go with me to Mr. Travail who owed he a small account, I was sure he would let me have the money, and I would—he said it was 27l. 10s. paid into Court by Pritchard, and the money I had to give him was the fee to take the money out—that the two 10s. stamps were to take the money out of Court—I bought the two 10s. stamps at a stationer's, shop and handed them to him, and the law book as well—I went to Judge's Chambers in Serjeant's Inn, Chancery Lane, several times—he said the object of going there was to take the money out of Court—I can't exactly say the first time I went there, but when I gave to him and he said he wanted 30s.—I went to Mr. Travail at 1, Montevideo lace, Kentish Town, with the prisoner—I heard Mr. Travail ask the prisoner questions, and heard him reply—Mr. Travail gave me 30s. and I handed it over to the prisoner—he said it was to get the money out of Court the next day—he said he would come to my place the next morning—I can't say if he did come—I afterwards saw him, and he said he must have to 1l. stamps, and I bought them at the same place, Judge's Chambers—gave him those stamps and then he said he must have some more, and I ought one for 5s., and two at 2s., and one at 1s., and gave them all to m—on the evening of 6th August he came to me and wanted another 2l. 10s. which he said was the fee to take the money out of Court—I told him I had not the money, he said I must get it, and he would come back the next morning—before he came the next morning I told Mr. Travail and Mr. Priestly about it, and it was arranged that they and Mr. Pitchard should be there to hear what the prisoner said—he came the next morning, the 7th August—I was in the parlour with Mr. Priestly, and Mr. Pitchard was listening to what was said—Mr. Priestly asked Jacobs distinctly how much money he wanted; he said 2l. 10s.—he said "What was at for?"—the prisoner said it was to take out the money Mr. Pritchard paid into Court—Priestly said "Did Pritchard pay any money into Court," and Jacobs said "Yes, he did"—Pritchard rushed in and said he never paid any money at all—the prisoner was taken into custody and was taken to the station—the inspector refused to take the charge and told me to go the police-court for a summons—I got a summons from the Clerkenwell police-court—before it was heard the prisoner served me with a plaint
in the Mayor's Court—I believed that Pritchard had paid the money into Court—he always said so, so I was bound to believe it—I was induced to part with my monies because I thought the law suit was goiog on against Pritchard, that Pritchard had paid the money into Court, and I should get my money back and what Pritchard owed me—I went before Mr. Cooke on the summons being returned, and then it appeared that the 30s. had been obtained in the jurisdiction of the Marylebone police-court—I went and got a summons there, and it was heard before Mr. Mansfield—this is the plaint the prisoner served on me after he had been taken into custody. This was dated 9th August, 1875, and was a plaint in an action at the suit of Henry Jacobs against Diermissen to recover the sum of 10l. 12s. for money lent, the. costs endorsed on the back amounted to 5l. 14s., and 1l. 10s. by cash on account of costs, 29th July, 1875, in the Common Pleas; balance of costs, 4l. 4s.
Cross-examined by the Prisoner, I had never seen you before you came to my shop—you gave me some of these circulars that day—you live in Camden Town, about a couple of miles from my place—I gave you three debts, to collect, Mr. Pritchard, Walter Lang, and Newton—Pritchard owed me 3l. 8s. 6d.—I have got my book here—I did not tell you to sue for 20l. 10s. 6d., you did it of your own will and without my knowledge—I never told you to sue him, I told you only to collect 3l. 8s. 6d—when you issued the writ you gave me a copy of it, that was a few days afterwards—you told me it would cost a guinea and a half to give the declaration to counsel to draw—I gave you 30s. because you said the money was paid into Court—I did not tell you to proceed with the action and that I expected 37l.—I am very sorry now that I have been such a fool as to ask a stranger to collect money for me—Mr. Maynard is my solicitor—I am prosecuting and not Maynard—when you asked me for the 30s. I told you I had no money and said "Mr. Travail owes me a small account, he very likely will let me have the money"—I did not tell you that my wife was going to Germany with a quantity of stolen property and that as soon as she came back I would give you the money—my wife went over to see my son who is at school in Germany—when you brought an action in the Mayor's Court I instructed Mr. Maynard to defend me—he appeared for me—I did not plead in answer to the declaration, I left it all to Mr. Maynard—you served me with a subpoena at the police-court to attend the trial; but as I told you before, I left it all to Mr. Maynard—I gave you the 30s. in July—you did not ask me for more money for the proceedings, it was for taking the money out which had been, as you said, paid into Court—I expected from what you told me Pritchard had paid it in and that I should have all my expenses back with the money I had laid out—I did not expect anything but what was right—I expected to be p aid the 12l. or 15l. I had laid out and the 3l. 8s. 6d. besides my expenses—you told me that 27l. 10s. was paid into Court and then 37l.—I never went to the Common Pleas to see what money was paid in, because I trusted to you; you told me it was so and I believed it—I never saw you in Cheapside and I did not go with you to a public-house opposite the Mansion house—I did not give you my address to call up on me—you got my address to call upon me—you got my address after you came to my shop, not before—I did not tell you that I was going up to Bloomsbury County Court—I did not give you a plaint in that Court, nor in White-chapel—I did not give you these plaints (produced)—these men owed me
money—Walter Lang owes me 6l. 10s. and I gave you a bill to collect from him the same as from Pritchard, but I have never received any—I was sued in the Bloomsbury County Court and had to pay 5l.—I was guarantee for Lang and had to pay that for him and he owed me that—I gave you a letter to collect a debt from Newton the same as Lang and Pritchard—I gave this letter (produced by the prisoner) to you in my shop—this is my writing on the back—I never told I should sign judgment—you did it all out of your own will—you wanted money for stamps and I gave it you—I did not sue Pritchard in the County Court because you said you could do it better this way—I certainly told you where Pritchard lived—I don't know that I gave you a description of him—I gave you the stamps in the chambers and several places—I have not got the man I bought them of here—nobody asked me to prosecute you—Mr. Maynard did not tell me that he prosecuted you to stay the suit against him—I did not instruct you to sue Mr. Maynard for refusing to return the writ of fi fa into Court.
Re-examined. I did not know he was going to sue in the Common Pleas before he told me had sued Mr. Pritchard there—I can't say whether it was before I gave him the 30s. that he told me he had put the bailiffs into Mr. Pritchard's house.
HENRY JOHN HODGSON . I am chief clerk to the masters in the Court of Common Pleas—I have been in the Court of Common Pleas more than fifty years—I produce a book in which if any money had been paid it would be entered—between 1st June and 1st August no money was paid in by any defendant of the name of Pritchard, no sum of any description—when a suitor takes money out of Court it is necessary for him, if it is taken out under a Judge's order, to pay a fee of 2s. for filing the order; if it is taken out under a plea there is a penny receipt stamp; there is no fee of 50s., or 30s., no 10s. stamps, or 1l. stamps are required—I have the original order setting aside the judgment—this is the order of Master Dodgson in the case of Jacobs against Pritchard: "I do order that the judgment signed on 14th July be set aside and that the plaintiff shall pay the costs, and have four days time to plead. 4th August, 1875."
BENJAMIN TRAVAIL . I am a rag merchant at 1, Monte Video Place, Kentish Town—on 28th or 29th July Jacobs came with Diermissen to may place—at that time I owed Diennissen a small account—he asked me to give him 30s. of the money at once, as he had some one waiting to receive it outside—I asked Jacobs who was outside, to come in—I imagined that he thought I was about to question him, and he at once began to tell me that he had sued a Mr. Pritchard for Diermissen and got judgment against him, and the money was paid into Court and was to be received the next morning; I think he said something like 27l. or 30l. had been paid into Court—he said the 30s. was for stamps—I think I asked the prisoner what was the original amount and he said 3l. 8s.—I said "Well, you have added a great deal of expense to it," and he said "Oh, I have sued him in a Superior Court, that accounts for the expenses being so heavy"—I placed the 30s. on my desk—Diermissen took it up and handed it to Jacobs, and I heard Jacobs make an appointment to meet him the next morning to go and receive the money from the Court of Common Pleas.
Cross-examined by the Prisoner. You told me that Pritchard owed Diermissen 3l. very likely I omitted that from my deposition—you told me you had sued Pritchard for Diermissen—Diermissen is my tenant and has been for three or four years—I did not tell him at the Court that I
would swear anything for him, or swear up to the mark, because he was my tenant.
ROBERT PRIESTLY . I am a traveller, and live at 8, Goswell Road—I was present on 7th August at Diermissen's house when the prisoner was there—there are three shops there—I went into the middle-shop and was introduced to the prisoner—I said "What is the meaning of this, Diermissen, do I understand that there is money paid into Court on your account?"—the prisoner said "Oh, yes, there is a sum of money paid into Court"—I said "Do I rightly understand you, that you want 50s., and if you get that 50s. from Mr. Diermissen you can get it out of Court?"—he said "Yes"—I said "Has Pritchard really paid that money into court, what is the amount?"—he said 37l. 10s.—I said "Positively, Pritchard has paid that money into Court, and. if 50s. is paid then you can get it out?"—he said "Yes, certainly"—I put it again to him in the same way, and he said "Yes, certainly"—I said "Well, I can't assist you to the extent of 50s., but here is a sovereign"—I held the sovereign between my finger and thumb and said "Pritchard has really paid this money into Court?"—he said "Yes," and at that moment Pritchard rushed in from the adjoining shop, where he had been concealed and could hear what passed—Pritchard either said "You are a liar," or "It's a lie," and took hold of him each side of the collar—the prisoner tried to make a bolt towards the door, but I prevented him—I got a constable and he was taken to the station—the inspector thought it was a proper case for a summons and would not.
Cross-examined by the Prisoner. I travel with made-up woollen goods—I think it was about 10.30 or 10.45 I was at Diermissen's house on this occasion—they did not pay me anything to come here; I will swear that.
MARY PRITCHARD . I am the wife of George Samuel Pritchard—I was in a greengrocer's shop opposite my house some time in June when the prisoner gave me this piece of paper (a writ)—my husband was not at home then, and I gave it to him three or four days afterwards.
Cross-examined by the Prisoner. You asked me to pay you 3l. 8s., and I said I had not got it and Mr. Pritchard. did not owe you any money, and you said he did—you did not say anything about Diermissen—you said if I was a wise woman I should pay you and I said I had not got the money, and you said "Borrow it from that person;" that was a person in the shop. (The writ was dated 21st June, 1875, and was issued to Henry Jacobs, 15, Queen Street, Camden Town, plaintiff, in person, from the Court of Common Pleas, to George Samuel Pritchard, commanding him to cause an appearance to be entered within eight days in the action of Jacobs and Diermissen v. Pritcluzrd, or judgment to go by default, and claiming 20l. 10s. for debt, and 2l. 10s. for costs.
GEORGE SAMUEL PRITCHARD . I am a carman and contractor at Highgate Road—my wife gave me this writ, but I can't fix the day—up to that Time I had never seen Jacobs to my knowledge, and I did not owe him a farthing—I owed Mr. Diermissen a small balance, but he never made any application to me for it—after I received the writ I employed a solicitor, and I afterwards received a declaration from him which he had received and after that the sheriff came in one evening about 7 o'clock—I employed Mr. William Hicks as my solicitor—he entered an appearance and it was pleaded to—the 8th day after I received the writ the sheriff came in—I afterwards went to Judge's Chambers and saw the prisoner there with Diermissen, but I did not not know anything of the real circumstances until just before the 7th
August—I had seen Jacobs with Diermissen several times when I was at Judge's Chambers with reference to the levy on my goods—on 7th August I was in such a position that I could hear what was said by Priestly to Jacobs and the answers he made—I heard Priestly ask him what he wanted—he said he wanted 50s.—Priestly asked him what it was for, and he said it was to get the money out of Court—Priestly said "Who has paid the money in?"—he said "Pritchard, and if you have 50s. I can take the money out, 37l. 10s., and additional costs"—Priestly said he had only a sovereign—I went into the room and said it was a lie—I had a bad hand and Jacobs shoved me—I caught hold of him, and Mr. Diermissen locked him up—I never paid any money into Court and never owed Jacobs anything.
Cross-examined by the Prisoner. I never saw you before, but you inquired of my little son how many horses I had got—I had a little balance owing to Diermissen, but I can't say how much—I did not say in my depositions that I did not owe Diermissen a shilling; I said I did not owe you a shilling—I could not exactly say how much I owed Diermissen—I have not paid him any money for more than twelve months—I have bought several whips from him.
WILLIAM MAYNARD (examined by the Prisoner). I am an attorney at 10, Clifford's Inn—you brought an action, Jacobs and Diermissen, against Pritchard—there was a writ of that kind—I was not instructed by Pritchard to appear in that action—I pleaded it for him, but I did not appear—I have the pleas here—they were the ordinary and usual pleas in action—I did not attend to sign judgment in that action—I attended a summons before Master Dodgson, to set aside the judgment, and it was set aside with costs to be paid by you—you applied to Baron Cleasby, and he dismissed the action with costs—he did not order the summons against you at the Clerkenwell police-court, to be struck out—Mr. Diermissen instructed me to prosecute you, but not in the first instance—I did not come into the case until after you had been given into custody, and a summons had been taken out at Clerkenwell—Diermissen has paid me 5l.—I did not prosecute you because you have got an action against me in the Mayor's Court—you have brought an action against me for retaining the writ of fi fa, and also against the Sheriff, in the Mayor's Court, and in the Superior Court—I shall continue to keep the writ, here is the rule setting the execution aside and exempting me from giving up the writ, and you are condemned to pay the costs—Diermissen instructed me to appear in the Mayor's Court for him, and I pleaded the ordinary plea to such a declaration—I pleaded payment before action—I have pleaded nothing as to 30s.,—you brought an action against me in the Mayor's Court—I don't know what for—you delivered a declaration charging all sorts of things, but I can't see what right you have to bring an action against me—this (produced) is certainly not the original record.
The prisoner in a long defence stated that this prosecution had been instituted by Mr. Maynard to prevent his proceeding with two actions of libel against him, that they had conspired with Mr. Diermissen, to do him some serious injury, that he had expanded the 30s. he had received from Mr. Diermissen, and also 19l. 10s. 6d. on his behalf to recover Mr. Pritchard's debt, and that he had not committed any fraud, or made any false pretences.
He was also charged with having been before convicted at Abingdon, in July, 1864.
The prisoner stated that he had been falsely imprisoned, and had brought an action against MR. JUSTICE MELLOR for it.
ROBERT BOYCE . I produce a certificate. (This was dated 7th July, 1864, and stated that Henry Jacobs alias Letzi Gumbold, was convicted at the Assizes at Abingdon, of obtaining two watches by false pretences, and was ordered to be imprisoned at the Home of Correction, Beading, for eighteen months.
Prisoner. They must produce the indictment; I swear there was no conviction; I have been falsely and maliciously imprisoned, the certificate is a forgery.
GUILTY*— Five Years' Penal Servitude.
MR. DALTON conducted the Prosecution.
RICHARD SHILLINGFORD . I am in the service of James Gardner & Co., trimming warehousemen, in Watling Street—about 3 o'clock on the afternoon of 7th October, the prisoner came to me at the warehouse, with a pattern of fringe in his hand and requested the nearest we could do to the pattern that he had—he said it was for Holloway & Sharpe, and I gave him a pattern—he came back again in about fifteen or twenty minutes and said he wanted two pieces, or three pieces if they were in 18 yards—I told him that the goods were in 18 yards, and he said that Miss Sharpe required 44 yards, and if they were in 36 yards lengths we were to let him have 36 and 18—I said "The goods are in 18, you can have three pieces"—he said he wished to take them with him—I said "You can take one piece and I will send the other two on"—I said "Who taken by"—he said "Taken by Davis"—it is usual for the porter to give the name—I am sure the prisoner is the same man—I was induced to part with the goods because I thought they were for Holloway & Sharpe.
Cross-examined by the Prisoner. You did not give me any order for the goods, or sign for them.
THOMAS JOHN WILLIS . I am a warehouseman in the service of Messrs. Holloway & Sharpe, mantle manufacturers, of 5, St. Paul's Churchyard—I have been there about eight years—I have never known the prisoner as being in their service—I have seen him come there to deliver goods two or three years ago—I did not give him authority to obtain fringe from any one—we received two pieces from Messrs. Gardner which were not ordered and I took them back.
ROBERT MARSH . I am a warehouseman in the service of Messrs. Sperati, 5, Mitre Court, Milk Street—on the 9th October the prisoner came and showed me a pattern of fringe and wanted two pieces a little wider—I said "Is it for Sturgeon & Co.?"—he said "Yes"—I gave him the fringe and he signed this receipt: "5, Mitre Court, 30 1/2, Milk Street, 9/10/75, Messrs. Sturgeon & Co. Received from C. A. Sperati & Co. 2l. 7s., signed T. S."—I gave him an invoice made out to Messrs. Sturgeon—he came again on. the 11th and wanted two pieces of fringe the same as before—I gave them to him and he signed a receipt in the same way—I let him have the goods because I belived they were for Messrs. Sturgeon & Co.—I had a conversation with a porter after he had left and made a communication to Mr. Sperati—the prisoner came a third time to the warehouse and asked for four pieces of fringe—I asked who they were for and he said Mr. Sturgeon—I asked who sent him and he said Mr. Magner—I detained him and sent for Mr. Magner and Mr. Sperati afterwards gave him into custody.
JAMES MAGNER . I am warehouseman to Messrs. Sturgeon & Co., trimming manufacturers, 121, Wood Street—the prisoner was a porter in our establishment for some years—I did not give him any authority to obtain any fringe for us from Sperati.
Prisoner's Defence, No orders were given—I have not obtained any of the goods.
GUILTY — Twelve Months' Imprisonment.
MR. DALTON conducted the Prosecution; and MR. ROBERT WILLIAMS the Defence.
The Prisoner having stated that he was guilty of unlawfully wounding the Jury found that verdict.
Three Days' Imprisonment.
MR. DALTON conducted the Prosecution; and MR. SIMS the Defence.
JOHN LANGFORD HUGHES . I keep the post-office at 42, Curzon Street, Mayfair—on 30th April or 1st May, 1874, a man named Wilding came to my shop and asked my clerk in ray hearing for change for a cheque—this is the cheque (produced), it is for 30l.—the clerk declined to cash it and I stepped forward and said I had not got sufficient to cash it for him—Wilding said "You will very much oblige Mr. Warren if you will let him have the change"—Mr. Warren is a publican round the corner—I have cashed cheques for him before—I said "I have not got sufficient"—the prisoner came in at that time and said "I want a 20l. order and then you can oblige your friend"—the clerk gave two orders of 10l. each and I gave the 20l. and 10l. more for the 30l. cheque to Wilding and let him go—I afterwards saw Wilding at Mr. Lewis's office in Marlborough Street.
JANE THORLEY . I am single and reside at 40, Hertford Street, Mayfair—I have known a man named Wilding for fourteen years—I have met the prisoner at Mr. Wilding's once, that was on the 28th or 29th April—Wilding lived in Davies Street—I saw the prisoner there with a chequebook and I saw him write in it, but I don't know what he was writing—he asked me if could change a cheque for 18l.—I said I could not, but I would go and ask one of the tradespeople—I took it to Mr. Devereux and asked him to change it—he said "I have changed two before this, I can't change any more," and the prisoner came up and said it was good for 100l.—I said "You may be honest and upright and the cheque might be bad"—I gave the prisoner the cheque in Mr. Devereux's presence and said I' would have nothing to do with it—he followed me to several places and asked them, but they would not have anything to do with it—Wilding was not there then—I afterwards saw some money pass between Wilding and Wilson—Wilson came and demanded some money from Wilding, I don't know what it, was—Wilding gave him money, it was over 12l., but I could not say how much for 1 did not take any notice not knowing there was anything wrong going on—I was sober—Mr. Wilding and Mr. Wilding's sister were present and also the house, keeper who used to live with Mr. Wilding and the children.
J. L. HUGHES (re-called.) Wilding met me in the passage at Mr. Lewis's
and said "I have come to pay the money"—I said "That's all right, we are all here now"—he came in and I said "Who is the man who had the 20l. money order?"—he said "That was Wilson"—I said "I knew that from what I have ascertained since"—and then Mr. Lewis advised me to let him go and see if he could get the money, and we let him go—Wilding was prosecuted at this Court and is now suffering imprisonment.
FREDERICK MORLEY HILL . I am accountant at the Birkbeck Bank, Southampton Buildings—an account was opened in July, 1872, in the name of Edward Wilson—in March, 1873, a cheque for 5l. was drawn, which reduced the balance of the account to 4s. 6d.—this cheque for 30l. belonged to Wilson's cheque-book—these cheques have been presented, but have not been paid.
THOMAS DEVEREUX . I am a poulterer and live at 5, Chapel Street, May fair—about the end of April or the beginning of May, I cashed these two cheques marked C and D for 10l. and 15l., for James Wilding.
THOMAS LEADER (Detective Officer). I took the prisoner into custody on the 13th, and charged him with, obtaining money from tradesmen in the neighbourhood of Mayfair, with another man named Wilding—he said "I should not have done it if it had not been for Wilding; "Wilding led me into it"—at the police-court he gave me this letter, and asked me to give it to the tradesmen—this is the letter. (Read: "September 22nd, 1875. To Mr. Hughes, Mr. Rancliffe and Mr. Devereux" Gentlemen,—I wish to express my sincere regret for what has occurred, at the same time I wish to inform you that if you decline to prosecute me, which you are not obliged to do, and which' will only end in utter disgrace for me and put you to further expense which you will be sorry to do, if you will decline to prosecute I will send you the amount you have lost by the cheques, and also send all the expenses you have paid during the last trial; if you will send each of you, the amounts to Messrs. Lewis & Lewis, solicitors, Ely Place, Holborn, they will be instructed to pay each of you the full amount, which I think will certainly be only what is quite right, and will be more satisfactory to you than the loss of the money you have sustained; excuse pencil as I have got no ink—I remain your humble servant Edward Wilson."
Cross-examined. He sent for me to the cell and gave me that letter—I had not suggested to him that it would be better for him to write something—nothing passed between us at all" on the subject—he gave it to me in the presence of the gaoler.
GUILTY — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
JOHN BARRY . I live at 33, King Street, Long Acre, and am a shoemaker—I have seen the prisoner on two or three occasions—I am married and live with my wife—on the night of 13th October, about 7 o'clock, I was in Great Earl Street, Long Acre—I met the prisoner and she followed me—I received a blow at the back of my head before I saw her—I felt blood run from my head—I asked her why she done it, and she said "I want 36s. from you," and I told her I did not know what she meant—I went on the Dials for a constable, and when I got to the corner of the street she took some coppers out of my pocket—I went about 20 yards and she followed me again
and stabbed me twice, once on the jaw and once in the eye—she accused me of having robbed her the night before—I had not robbed her—I was examined by the doctor—I can't see with my eye now—I had not been fighting.
Cross-examined by the Prisoner. You were not with me and my wife in the public-house all day—you did not change a sovereign in my presence and put the money in your purse—I was not fighting in King Street—when you came up to me you did not lay hold of my coat and say "Here, you are just the man I want"—you stabbed me at the back of the head, and I turned to see who it was, and I felt blood run down my neck—I had not got my handkerchief to the side of my face as I came up Earl Street—you did not tell me until after you stabbed me that you wanted 36s. that I had stolen from you—I had been home that night—I deny all knowledge of your money entirely—you did not say "Can't you give me a few shillings out of the money"—I did not turn and say "I have no money for you," and I did not my hand into my pocket and bring out 3d. and a pipe—you took three penny pieces out of my pocket; I don't know about a pipe—you did not say "I will not let you go until I get the money"—I did not strike you—you did not tell me you would give me in charge—the constable came across the road, and I pointed you out and said "I will give this woman in charge," and he said "What for?"—I said "For stabbing me in the eye," and I was bleeding from the jaw at the same time."
ALFRED HARVEY . I live at Dean Street, Soho—I was in Great Earl Street, Long Acre, on the night of 13th October—I saw Mr. Barry there—I saw the prisoner come behind him and strike him at the side of the face; she struck him a second time on the head and face—I saw blood running down from his face—he had not spoken to her before she struck him—I noticed something in her hand, but I could not say what it was.
SAMUEL MILLS . I am a surgeon at 3, Southampton Street, Strand, and am divisional surgeon at Bow Street—I examined the prosecutor—he had a punctured wound in the upper lid of the left eye, which penetrated the eyeball and destroyed the sight; the eye was full of blood—he also had two small punctured wounds, one on the left side of his jaw, and one on the back of the head—they were such wounds as would be inflicted with a sharp instrument—in my opinion a pair of scissors would have done it—it will not be necessary to remove the left eye in order that the inflammation of the right shall cease—he has lost the Bight of the left; the other wounds were trivial.
ELLEN BARRY (By the Prisoner). I and my husband were not drinking with you all day on Tuesday—I did not tell you on the Thursday morning, when you asked me where Barry was, that he had not been home all night—I said he had come home in the evening, and was lying on the stairs; I did not ask you and your brother to go up to him then—a boy did not come and tell me that my husband had your money.
Prisoner's Statement before the Magistrate. "I have known the prosecutor and his wife many years. I am very sorry, but as to having any instrument in my hand I had not. I had been drinking the previous day with his wife, and she first enticed me to do it. She told me that it was her husband who had robbed me. I was not sober."
The Prisoner, in her defence, repeated this statement, and stated that she saw Barry coming up the street with his hand to his head, and she ran out and said "Now then., Barry you need not hide your face, I want 36s. from
you." He said "I have not got it." She said "You have," and he said "Can you prove it?" She said "Yes," and he said "Feel in my pocket and see if I have got your money." She felt in his pocket and found 3d. and a pipe; that he struck her, and she struck him twice, but had nothing at all in her hand but the halfpence and the pipe, and that she never inflicted the blow on his eye.
GUILTY of unlawfully wounding—Judgment respited.
OLD COURT.—Thursday, October 28th, 1875.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY conducted the Prosecution.
CHARLES ARTHUR BROWN . I was in partnership with Mr. Buckland, at 5, Salters Hall Court, as estate agents—I first saw the prisoner somewhere about the middle of May, in reference to finding a large loan upon property that he then possessed—he gave me to understand that he was possessed of large property, that he was a member of the families of the Dukes of Abercorn and Hamilton, which we subsequently found to be correct, and that he was possessed of 250,000l. in India Four per Cents, and Egyptian Bonds—about the 15th June, he instructed to us sell out 60,000l. worth—I never saw any bonds; we simply made arrangements with our broker to do so, and a day was fixed for us to hand the bonds over to the broker; but he did not bring them, he brought a person named Pryme, who he represented to be one of his trustees—the Austin property was mentioned about a week later; we introduced the property to him about 5th June, we asked him if he was open to buy any other property; he said he was, and after considerable negociation in which he shewed very great skill, we submitted the Austin property to him at 350,000l., and he ultimately, agreed to give 336,000l. and he signed a preliminary contract—he introduced Mr. Hemsley to me as his solicitor—about the 16th June, he asked me if I could oblige him by changing a cheque—he wrote out two cheques in our office, these produced are them—we gave him the exact sum 70l. I parted, with that money believing his statement that he was possessed of these bonds and this property, and that he had money at the bank—he said that Messrs. Barron & Smith, on whom the cheques were drawn, were his army agents, and did his banking—the next day he wrote to us asking us not to use the cheque, that he would call on us—on 25th June, I saw him at his, then residence, 30, Blenheim Crescent, Notting Hill, and I went with him to Lancaster Gate, and met Mr. Austin, at the residence of the late Lord West Dury—the prisoner gave me this letter; it was not brought to me by a cabman. (This enclosed an order for 400l. on the Paddington Branch of the City Bank, and requested the witness to send by the bearer a cabman 200l. in small notes, to retain 100l. on his (the prisoners) account, to repay himself the 70l. borrowed, and to keep the repairing 30l. as a bonus for the time and advice given to him: desiring him to hold the order over until the next Friday, by which time he would have settled the purcliase of the Austin and Tippdt properties). I did not read the letter then; I merely read the first page; he was with me—he gave me to understand that in consequence of his having purchased
Mr. Tippett's property, which was in Paddington, it was necessary for him to have a local banking account, and he had opened an account at the City Bank, Paddington Branch—I gave him the 200l., and he gave me this cheque—I believed his statement when I parted with that money—I have never had a rap or a fraction back—this cheque for 35l., and this letter are the prisoner's writing. Letter read: "10th September, 1874. Gentlemen—I enclose an order on Messrs. Brown & Buckland, for 35l.; it is not to be presented before Monday next, after 12 o'clock, which please credit to my account.") He had not the slightest authority to do that, and we were very indiguant at it.
Cross-examined by the Prisoner. I was introduced to you by a Mr. Cousins; I met you at Mr. Gibbons'—you told me that he paid the ground rent for the house, and I was led to believe it belonged to the estate—to a certain extent I was acting as your agent when you gave me the 400l. cheque: you engaged me that very day to be your future agent and receiver, at a salary of 1,000l. a year—after that date I introduced Mr. Haywood and Mr. Austin to you—at that time I was acting as agent for Mr. Austin, and I sold you the property that morning—this letter is my writing. (This was dated 23rd June, 1875, to the prisoner, and contained advice to postpone the purchase of the Tippett property for a week until the money market became more settled.) That refers to the selling out of stock—when I sold you Mr. Austin's property I was acting as your agent in that respect—if I sold the property I was to receive 3,000l. as commission from Mr. Austin, of which you were perfectly aware—after the 31st August, and after your cheque had been dishonoured, you still entertained an idea of being able to get the money; you led us to believe it was possible for you to do so, and we accompanied you to Messrs. Barker, Peek & Bird—you went to Mr. Devonshire, a solicitor, who wrote on his and your behalf to Messrs. Barker & Co. about the property—after that letter was received Mr. Bird, as solicitor for Mr. Austin, drew out an agreement for the purchase of the property, adding 1,000l. to the price; that was upon your representation that you were still possessed of this 250,000l.—you never denied owing me this money; you were daily meeting me for the purpose of paying me, but I could never get it—you afterwards said you would have nothing more to do with me, for you found I had been opening your private letters—that was when I told you you were a thief and a scoundrel—I did not say I would go to Mr. Passingham's office, and let him know what had taken place—I did not go there direct; I may have called upon him on that day.
HENRY THOMAS SWAN CARNE . I am a livery-stable keeper at 11, Codrington Mews, Blenheim Crescent, Notting Hill—in May the prisoner applied to me to supply him with a brougham, driver, and horse—I did so, and he paid me about 3l. a week during May and June—when he first came to me he lived at 30, Blenheim Crescent—he represented that he was a man of property, and that he was about to purchase a large estate, first of all Mr. Tippett's estate, and afterwards the Lancaster Gate estate—about 6th July he was in my debt to the amount of 8l.—he asked me if I would cash a cheque fur him for 30l.—I told him I could not do it; I only had 19l. 10s.—he said he would pay me the 8l., and he gave me a cheque for 27l. 10s. and I gave him the 19l. 10s. in gold—I was induced to part with my money because he represented that he was a man of large property, arid I thought the cheque would be immediately met—after I had parted with my money he asked me to hold the cheque over until the Saturday—I
afterwards saw him again, and he asked me to hold it over for a short time, as he did not wish so small cheque to be presented at the bank—I held it up to 18th July—on 18th July he owed me 4l. 10s. more, and he then gave me this cheque for 32l. 10s., and I returned the 27l. 10s. cheque to him—I believed there were funds at the bank when he gave me that—he asked me to hold that over for a few days—he continued using the brougham daily—about the latter part of August he showed me a paper, and said he had bought a large estate, Mr. Austin's property at Lancaster Gate, for which he was to pay or had paid 230,000l.—on 28th August he paid me 10l. on account—I still held the cheque for 32l. 10s. at his request, and was holding it on 10th September—he frequently asked me when he came to the yard why I did not take some stables which were on the right hand side of the yard, and have a private yard—he said it would be a great advantage to me—I said I had not sufficient money to do so, and he-said he would advance me 1,000l. or 1,500l. at the usual interest; I think it was 7 per cent.—I did not ask him for that; it was a free offer on his part—I took him to Mr. Gray, my solicitor on that business—I believe that was on the 10th September—I heard him make a statement to Mr. Gray, and I was present when Mr. Gray gave him a cheque—at that time I believed he was a man of property, because I had seen the advertisements of certain portions of Mr. Austin's property having been sold, and the prisoner said he had bought that estate; I believed that statement most implicitly—on 28th September the prisoner gave me this cheque for 40l.—he had incurred a further debt at that time, but I had stopped the carriage on 15th September—I told him I could not go on any further, as the amount was too heavy, and I refused to serve him for some time, and on the last Saturday in September he met me and asked me to remove him to 50, Cambridge Gardens, and I continued to serve him until the 1st October, because he said the money would be forthcoming about 26th September from his rents, & c.—he owed me 47l. 4s., and two guineas afterwards made it 49l. odd—I have had nothing but the 10l. on the 28th August.
Cross-examined by the Prisoner. After you gave me the first cheque I never received more than 10l. in cash—you paid me on an average 3l. a week for two months—you told me you had authorised your agent, Mr. Brown, to pay me 40l. and he said you had not, you had no funds; your account was then 49l. 15s. and I declined serving you any longer.
GEORGE FREDERICK GRAY . I am a solicitor in St. Paul's Buildings, Paternoster Row—Mr. Carne is a client of mine—on 10th September he introduced the prisoner'to me on the subject matter of a loan of 1,000l. or 1,500l. by the prisoner to Mr. Crane—the prisoner said he was willing to lend Mr. Crane 1,000l. or if necessary to go up to 2,000l. at 6 percent, interest—the question was asked what security Mr. Crane could give, and I believe it was intended that he should purchase the lease of his stables—the prisoner said that he was about to purchase some property and that he had had an offer to purchase some property at Cliftonville, near Brighton, but the price asked was too high—Mr. Crane then said to him "Have you completed your purchase of the Lancaster Gate property"—he said he had—I don't know whio mentioned the price, but I fancy it was Mr. Crane; he said the price was something like 220,000l.—just as the prisoner was leaving he said he wanted to catch the Brighton train at London Bridge, and to save him the necessity of going back to his bankers at the West End, would I give him an open cheque for 30l. for a crossed cheque—I said it was a very unusual thing—I
appealed to Mr. Carne whether he knew anything of the captain—he said "Yes," he was a highly respectable man, he believed him to be a man of considerable means—I then gave him my cheque and he gave me his, he wrote it there—he said he had plenty of money at his bankers—I was induced to give him my cheque from the statements made by him and by Mr. Carne—I noticed that his cheque was drawn for 30l. 10s., and I told him I did not want the 10s., that it was not a loan—he said he could not expect a gentleman to write out a cheque for 30l. and take the trouble of doing so, and he wished it to stand as it was—I noticed that his cheque was dated the 11th, and I called his attention to it, and he asked me to present it next morning, as his effects at the bank would not perhaps be cleared till then—on the Saturday I received a telegram and kept the cheque until the Monday—I received another telegram on that day—the cheque was dishonoured—on the Thursday I got another telegram—I wrote to him—there was an appointment made, I think, in one of the telegrams; he did not come on the Saturday—I saw nothing of him till Monday, 27th September—I was not aware that he had then been summoned by Mr. Passingham to the police-court—I met him on the 27th in Cambridge Gardens—he said there had been some mistake, that he had had a cheque for 360l. from a friend of his named Walpole and it had not been paid in consequence of its requiring endorsement, that his friend had had illness in his family and he had only driven over to see him that morning, that he had got the cheque endorsed and paid into his bankers, and it was now all right; he had given directions to his bankers to pay into my bank next morning 30l. which I should find there—I said I would rather the money should be paid to me—he said as he had made the arrangement it had better stand as it was, and he would call on me the following day, Wednesday, and settle with me the costs of the writ that I had issued against him—I-never got a farthing—on 1st October I received this letter from him. (This merelcy acknowledged the receipt of the writ, which he stated he had taken to his solicitor.) I had served him personally with the writ in consequence of some information I had from another client at Notting Hill—subsequently to the receipt of that letter I found he was under remand at Hammersmith and I attended before the Magistrate.
Cross-examined. When your cheque was returned to me it was marked "NS"—I served you with the writ on the 27th or 28th—in your letter you said you should take advantage of the twelve days' grace the Court gave you.
GEORGE WILLIAM PASSINGHAM . I am a chemist of 8, Kensington Lane—previous to 26th August, I saw the prisoner continually driving about the neighbourhood in a brougham—he came to my shop as a customer, and on 27th August, he came in and said "Have you any change you can let me have?"—I said "No, I don't think I have, I am very short of change"—I found I had 60s. or 70s. in my cash box, and he asked me to give him that, and the remainder of his cheque in an open cheque on my banker, as he did not want to go to his bankers that morning—I gave him 3l. 9s., and drew him a cheque for 22l. 1s., he gave me this cheque for 25l. 10s.—I would not have parted with my money if I had not believed that there was money at his bankers to meet the cheque—I paid it to my bankers on the 30th, and it was returned on the 31st—I received this letter without date on the 30th, the day before the 25l. 10s. cheque was dishonoured. (Read); "Monday, Dear Sir,—may I ask you to be kind enough to give me your cheque for 100l., as against mine for 105l., which please not to pay in till to-morrow
week. In haste, yours & c, W. Hamilton."—he came to me the same afternoon and said "Well, Mr. Passingham, have you sent for your cash book?"—I said that I had, he said "Can you cash my cheque?"—I said "Well, Captain Hamilton, I can't exactly understand why you want it to be cashed, Why can't you go to your banker and get it?"—he said "The fact is, I have just paid 230,000l. for this estate (handing me this advertisement), that is a very large amount to get together, and only leaves me 200l. at the bank and some securities, and before my cheque comes due, some securities and cross cheques will be cashed"—he also said that some securities had been deposited at his bankers the day before—I said that I had only his word for the purchase of that enormous estate, had he nothing else to show that he lad purchased it—he said "Yes," and went to his brougham, and fetched two letters—I said it was an unusual thing to do to cash a cheque for such a large amount, but if he would convince me that the cheque would be paid on the Tuesday, I would let him have it—I then parted with my cheque for 100l.—I did so on the statement that he had purchased the property, and I was anxious to oblige him as a customer—this (produced) is his cheque for 105l., it is marked "Refer to the drawer"—on the next day, August 31, the 25l. 10s. cheque came back, and I immediately went round to him and asked him for the amount—he appeared very annoyed, and said that he would go down to his bankers and see about it, and would write on the cheque "Pay cash"—I said that I should prefer his drawing a new cheque, and asked him to return my cheque for 100l.—he said "I cannot give you your cheque, because it is presented, but you will find it all right on Tuesday"—he wrote a new cheque for 25l. 10s., and I went down and got the cash—on the Tuesday I got a telegram from him, and on 8th September I saw him—on 4th September I received this letter. (This was dated Sussex Hotel, Cliftonville, September 3rd, requesting the witness not to pay in the cheque, but that he was coming to town next day, and would go to his bankers, and come on to him with the 100l.,) On 9th September I received this letter. (This was dated September 8, Sussex Hotel, Cliftonville, stating that he was very much surprised at his telegram received that morning, and complaining that before he could arrive in toun the cheque would be presented.) When he drew his cheque for 105l. I said that I did not want 5l. bonus to change a cheque for a customer, and had rather not have it, as I was no money lender—on 10th September, I received this letter, "September 9, Dear Sir,—Your telegram surprised me. More when I see you in the morning. I cannot promise to be with you by 11 o'clock, but will shortly afterwards. A. Hamilton"—I wrote this letter "10th September, 1875—'Dear Sir,—I have your letter and telegram, but I am not at all satisfied to be put off till Tuesday—I most distinctly "decline to wait until then, or to enter into any negotiation respecting the business, and I intend to proceed against you"—he returned the letter to me with these words on it—"11th September, I return your letter, and should recommend your consulting a solicitor, before you write such a letter, pray be cautious and consult your friend the clergyman"—I took his advice, went to a solicitor, and got a summons returnable on 2nd October, or a week afterwards—he did not attend the summons and I got a warrant.
Cross-examined. I do not know the reason that you did not attend the summons—I know nothing about your writing a letter to the Magistrate stating that your solicitor's son was dead, until you made the statement. (The Prisoner here put in a letter purporting to be from Mr. Devonshire in
reference to the purchase of the property, which, when partially read, proved to be only a copy, and it was therefore refused by the Court.)
GEORGE HARRIS HAYWOOD . I am an iron founder of 95, Upper Thames Street—I am trustee of the property of Mr. T. B. Austin, which was advertised for sale and which included an estate at Lancaster Gate—Sheffield & Sons acted as solicitors for me, and the prisoner was introduced as an intending purchaser—an appointment was made for 7th July to finish the contract—that was altered to the 22nd, and again to 29th July, as far as my memory serves me, first at 11 a.m. and afterwards at 3.30, at my place—the prisoner came there with somebody as his solicitor—he was to pay a deposit of 40,000l., that day—he wrote two cheques, one for 15,000l. and one for 25,000l. at our place—we were to exchange contracts, but by advice I refused until the cheque was cashed—I paid the 15,000l. cheque into my bank, and after I had done so my solicitor got a telegram not to pay it in—I afterwards paid it in a second time and it was dishonoured—the property has since been sold to Mr. Bird—I had no further dealings with the prisoner.
Cross-examined. You did not press me to hand over the contract until I got cash for the cheque—I received this telegram from you "Don't present cheque for payment until Tuesday, when both will be paid. Wednesday. Cannot clear my draft before then. Have made an arrangement. Expect me to call Wednesday 12 sharp. Please don't fail my wishes"—I replied to you by this letter. (This was dated July 30th, from the witness to the prisoner, stating that he had paid in the smaller cheque, but would hold over the other till Tuesday warning, when he would expect the prisoner at 12 o'clock, and requesting references.
Re-examined. I never got any references.
HERBERT SMEATON . I am clerk to Sheffield & Sons, of 52, Love Lane—Mr. Hemsley was put into communication with me, and on 9th July the terms of the contract were approved—the 17th was the day first fixed for exchanging contracts and paying the deposit—that appointment was not kept, and it was altered to the 22nd, and again to the 29th, first for 11 a.m., and then for 3.30—I was present—young Mr. Hemsley was there—I produce a letter of Mr. Hemsley's of 31st July—I do not think that from the time of the receipt of that letter Mr. Hemsley acted for the prisoner—I have had no dealings with him, to my knowledge, in reference to the Austin property—the property has been sold to Mr. Bird; the contract with him. was signed on 25th August.
Cross-examined. I do not know of your having negotiations after you ceased to negotiate with Barker and Bird—Mr. Sheffield was subpoenaed to attend before the Magistrate, but he was not in town; a clerk attended, but was not called.
ALEXANDER EDWARD HEMSLEY . I am clerk to my father, a solicitor, of Albany Court, Piccadilly—we discussed the Austin property with the prisoner and attended afterwards at Hay wood's on 29th July—I asked him the day before whether he should be prepared with the money, and he said he should—I did not meet him again till August, when I asked him if he had the money, and he said that he had—when I heard that the smaller cheque was dishonoured I wrote to him on 31st July, and sent a letter he same day to Sheffield & Sons—from that time I ceased to act for the prisoner.
as a Captain in the 2nd West India Regiment—we acted for him and received the money from the Government for his commission—he was 3l. 6s. 2d. in debt to our firm, and remained so till 22nd August, 1875—we received a telegram from him on 30th July.
C. A. BROWN (re-examined). This telegram is in the prisoners writing—(Read: "I am sending you cheques and coin for over 43,000l. to my account; will not want securities' for some days; will call early next week.")
GEORGE TYBRELL HULME (continued). The 43,000l. was not paid in; but on 26th August,.6l. was paid into his credit—up to that time it always stood 3l. 6s. 2d. against him—on 30th August, he was 1l. 5s. 2d. overdrawn—on 31st August, 45l. was paid in to his credit—he did not pay Mr. Passingham's cheques in to his credit—no crossed cheques or other securities for 200l., which could be cleared in a day were paid in—on 9th September there was 9l. 4s. 10d. to his credit, and on the 13th it was 4l. 4s. 10d.—on the 17th, he was 15s. 2d. in debt—on the 30th,10l. was paid in, and 15l. was drawn out, leaving 15s. 10d. to his credit at the time he was taken in custody—I have seen some of these cheques, Mr. Passingham's, for 105l., is marked "Refer to drawer," and it was dishonoured—the 15,000l. cheque was presented through the Agra Bank.
Cross-examined. You have paid in 179l. since you opened your account.
ANDREW CORNWALL (Policeman T 280). On 2nd October, I took the prisoner at Notting Hill—he asked me to allow him to have a private interview with his wife; I said that I could not do so—he said to his wife "It is a cruel bit of business and Mr. Clayton has not let me know, or I would have got out of the way"—Mr. Clayton, is the solicitor, who applied on the return of the summons.
Cross-examined. You did not offer the least resistances—several people were in the house; I do not know whether they were visitors.
The Prisoner's Statement before the Magistrate. "I reserve my defence Counsel will appear for me. I have a perfect answer to everything stated.
H. T. S. CARNE (re-examined). Prior to my getting the first cheque for 27l. 10s. he paid by cash—I had no cash except the 10l., that was given. me in gold—I had two cheques.
The prisoner in a long address stated that he had made arrangements with a Mr. Douglas and a Mr. Devonshire (both of whom were called but did not appear) for the purchase of the two properties of Mr. Austin and Mr. Tippttt for the sum of 958,000l., which sum was to be raised on mortgage at 4 1/2 per cent, payable in twenty years, the result of which would have enabled him to realise a large income and left two-thirds of the property unencumbered. The letters and papers showing the nature and progress of the transaction he alleged were in the poesession of Mr. Devenshire, whose attendance he expected and who could have proved the bona fides of the whole affair,
GUILTY — Five Years' Penal Servitude.
SECOND COURT.—Thursday, October 28th, 1875.
Before Mr. Recorder. '
MR. CROOME conducted the Prosecution; and J.P. GRAIN the Defence.
JOHN SIMPSON . I am a private in the Scots Fusilers—on 80th September, I was in the Nag's Head, Lower Hill, with Nicholls—I was quite sober—about 9.30 the landlord requested us all to leave and I went out first—when I got outside I was struck in the face and knocked down—I did not see who struck me—I had seen the prisoners in the public-house—I had no sooner got up than I was knocked down again, I did not see who by, I was kicked all over my body and head, I could not see who kicked me—the worst kick was on the back of my ear—I could not see with my right eye and my mouth was swollen—I became insensible, was carried to the barracks, and the doctor sent for.
Cross-examined. There were a great many people in the house, some were women—I did not see a glass thrown—the people were quarrelling, but I was talking to my brother and a comrade—there was shouting and quarrelling at our backs and we were all bundled out by the landlord.
WILLIAM NICHOLLS . I was with Simpson—I followed him out and saw him lying in the middle of the road and a lot of people standing round him kicking him—I went to help him and received a blow over my left eye which staggered me, it was not given me by either of the prisoners—I had four or five blows in succession on the right side of my head which knocked me down, and I saw the prisoner Charles in the act of kicking me and several more who were there—there was a regular mob—I saw Charles Mahoney kicking Simpson while he was on the ground—I was knocked down close to Simpson—I got cuts on my head and could not wear my forage cap or my bearskin for days.
Cross-examined. There were over a dozen people outside—I was quite sober, I did not see a glass thrown.
BARNARD WHITEHEAD . I am landlord of the Nag's Head—I saw the last two witnesses there and served them—the prisoners and others were there—I cleared them all out in consequence of a giass being thrown and broken—I saw the two soldiers both go out, they were both sober—I went out and saw Simpson on the ground, I then went in.
ELIZABETH SHARMAN . On the night 30th September I was on Tower Hill, and saw Simpson come out of the Nag's Head—I saw him knocked down, and saw the younger prisoner kick him on the head—a man in a white jacket held him down while Charles kicked him—Nicholls came out of the public-house and went to help Simpson, and he was knocked down also—a woman then came up and struck me, and I saw no more.
EDWIN ORNAN . I live at 3, Postern Row, Tower Hill—on 30th September I heard a noise come up outside the Nag's Head, and saw Simpson on the ground and a woman kick him on the head—three or four people were on his body, and some were punching him—he tried to get upon his hands and knees, and directly his head was lifted up the prisoner Charles came up and kicked him seven or eight times in the face, and said "Stretch the b----," and then he called out "Father, we have stretched the b----"—I spoke to a constable.
HENRY SCHOFFIR . I live at 146, Royal Mint Street—I was passing along Tower Hill and saw both the prisoners kicking Nicholls, who was on the ground—I tried to interfere, but the younger prisoner told me that he would smash my bones out of my flesh if I did, so I did not—I saw him run away, and I saw the policeman take him—I went to the station with him and the policeman—he said at the station that he would have killed the
b----y swine if he had not been locked up—I saw Simpson on the ground and persons on him.
Cross-examined. There was a great row.
GEORGE CONQUEST (Detective Officer A). On 30th September, at 9.30, I was outside the Nag's Head, and saw Simpson come out—he was at once knocked down by Charles Mahony, and afterwards kicked by a tall man, who ran away, and I followed him, but he was too quick for me and got away—when I got back to the Nag's Head Michael was holding Simpson down, and Charles was kicking him over his head, and body; it went on for five minutes after I got there—there was a mob round, and it was useless for me to attempt to take either of them—I heard Charles say "Come away, father, they say he is dead; for God's sake come away," and they both ran Into Rosemary Lane—I met Sturgeon and pointed out Charles to him, and I took Michael.
GEORGE STURGEON (City Policeman). I was on duty, and was sdoken to and went to the Nag's Head, where Schoffir and a woman pointed out the two prisoners—Conquest spoke to me and I saw him take Michael—I went" after Charles and caught hold of him—he said "It is not me, I have just come from work at the other side of the water"—I took him to the station—he said that if he knew he should be locked up he would have killed the b----y soldier, and he said to Schoffir that if he knew he was coming against him he would have done for him.
MICHAEL MAHONEY— GUILTY — Nine Months’ Imprisonment.
CHARLES MAHONEY— GUILTY — Five Years Penal Servitude.
Before Mr. Recorder.
MR. H. GIFFABD conducted the Prosecution.
ELIZABETH STEVENS . I am the wife of George Stevens, who keeps the Black Lion, Ilford—on Thursday, 14th October, I was behind the bar, and the prisoners came in, between 12 and 1 o'clock, sat down and had a pint of beer—I left the bar for a short time, leaving the drawer locked; there was a box at the back of the drawer, containing 4s. and 5s.; I put the key of the drawer on a shelf behind some bottles, when I came back I found the drawer a little way open, and the box gone; the prisoners were still there—. I said to them "You have got my box; they said they had not, and directly ran out—I ran out after them and went to the station and gave information, and afterwards met the prisoners with the policeman—I am sure they are the men—there was no one else in the bar when I left it.
ALFRED WALKER (Policeman K 344). On 14th October, from information I received I went with another constable in search of the prisoners; I traced them to Barking Marsh, where I arrested them—I told them I should charge them with stealing a box and its contents from the Black Lion beer-shop—they denied being there, but subsequently admitted it and said "We have no money, and we know nothing about it"—we met the prosecutrix and she identified them—I found 4s. in Hillards' waistcoat pocket—he said "Never mind, that is what I worked for"—I was shown the place where they were sitting in the beershop, and behind it I found this box.
MR. STEVENS (re-examined.). This is my box; I saw it found where the prisoners had been sitting.
Cooper's Defence. I went in to have a pint of ale and sat there half an hour till the rain left off, and as I was leaving the landlady said you have opened my till; I said I had not; she said "Yes you have, and I shall take you up," and with that we ran out.
Cooper was further charge with having been before convicted.
JAMES HOWKETT (Detective Officer K). He was convicted at the Clerkenwell Sessions, on 21st August, 1871, in the name of Charles McPherson—I produce the certificate of conviction, and he has been in custody before and since.
COOPER**— Seven Years' Penal Servitude.
HILLYARD— Four Months' Imprisonment.
MR. THORNE COLE, conducted the, Prosecution; and MR. J. P. GRAIN the Defence.
WILLIAM HAMMOND . I live at 21, Myra Street, West Ham—on the night of 1st October, about 6.45 I was standing in the Broadway at Stratford—there was a crowd there near a man selling earthenware—I felt a hand at my waistcoat pocket—I looked down and saw the prisoner with my watch in his hand, and I immediately caught hold of him and held him till a constable came—when I caught hold of him he let go of the watch and I caught it in my hand—it was not detached from the chain—I held him and sent for a constable—the prisoner asked me to let him go and told me not to tear his coat—I charged him with attempting to steal my watch, and he said he had done nothing of the sort, he had not taken his hands out of his pocket.
Cross-examined. The watch was still on the chain, which was round my neck—there were a lot of people in front of me, the prisoner was by my side; the watch was in his hand, but was still hanging to the chain.
HERBERT PARKER (Policeman R 135). On 1st October, a letter before 7 o'clock at night, I was on duty in the Broadway, Stratford, the prisoner was given into my custody by Hammond, for attempting to steal his watch—I said to the prisoner "Do you hear the charge—he said "All right and will go with you"—I took him to the station and charged, him, and he said nothing.
Cross-examined. On the way to the station, as the prosecutor was walking close to him—he said "I never had your watch"—he went quietly.
GUILTY **— Eighteen Months' Imprisonment.
Before Mr. Recorder.
MR. RBITON conducted the Prosecution.
ANN GARLAND . I am the wife of Thomas Garland, a fishmonger at Gravesend—I know the prisoner; I was present at his marriage with my sister, Hephzibah Thompson, at the church of St. George the Martyr, South-wark, in 1857—she lived with him for some time, and left him about fourteen years ago—she is still living and has been living at Deptford for the last few years, but I have not communicated with her much—I have seen her half a dozen times—I have never seen the prisoner with her since she left him, and I believe there has been no communication between them.
acquainted with the prisoner in 1873, and was married to him on 21st December, at All Saints', Rotherhithe—he said he had been living with a person—I did not discover that he was married until the Friday before I gave him in charge, last Friday three weeks—I went and found out his wife in Victoria Street, Deptford, and he was living about half a mile off, at 22, Edward Street, Deptford—I had never seen her before—the prisoner has been a very good husband to me; I have no fault to find with him, and don't wish to hurt him, only I wish to know if I am his proper wife or not—his first wife is a laundress, and lives with a man—I don't believe the prisoner has seen her ever since I have had him.
GEORGE BECKWITH (Policeman 224 K). In consequence of what the last witness told me I took the prisoner into custody at the Isle of Dogs, Poplar, where he was working—I produced the certificate of the second marriage; he said he was married to her, but he knew nothing of the first wife, no more than he had been living with her—I have not been able to get any evidence that they knew of each other's existence.
MR. RECORDER. "According to recent decisions there must be some evidence on the part of the Prosecution that the prisoner knew something of the first wife's existence within the last seven years, and, as there is no proof of that, he is entitled to an acquittal."
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
MARY HURMER . I am a widow, and live at Amersham Road, Deptford—on the evening of 11th September I was going from Greenwich towards home, about 11 o'clock or 11.30—the heel, of my boot caught in my dress and I fell down—at that time I was wearing a gold watch and an albert chain—a woman came up and brushed the dust from my dress—whilst she was doing that the prisoner was passing by, and the woman said "This appears to be a respectable young man, I should let him go with you, or you might lose your watch and chain"—I said "I am not afraid of that, I am not hurt, and do not require anyone to walk with me"—I was going down the road, and he walked by my side—when we got to the Amersham Road I said to the prisoner "I am at home now"—I was about two doors from my house—he took hold of my chain, which was fastened to my button-hole, and my watch pocket gave way, and he took my watch and chain and went down the Amersham Road to Amersham Villas, where I lost sight sight of him—I went to the police-station the next morning and gave information and a description of the man—the prisoner was afterwards brought by the police to my house, and I recognised him in a moment as the person who had robbed me—I was afterwards shown my watch and chain by the police—this (produced) is it.
Cross-examined by the Prisoner. I left my house a little after 9 o'clock that night—I did not get to Greenwich till long after 9 o'clock—I went there to see some friend—I did not say that you could see me home, but I did not object, and you walked by my side—it was near the church at Greenwich where I fell down—the woman did not pick me up—she had no bonnet or shawl on—she said she would accompany me, but she had to take her husband's supper—we left her a little further on—she did not put my hair up—I gave her something out of my purse, either 2s. or half-a-crown—I very likely told you I was a widow and had a son eleven years of age—I
did not say I thought you were a shopman, and asked you not to say you saw me out soo late, and drunk—I did not ask you to come home with me and have some stout, and I did not tell you to mind my watch and chain until I got home—you snatched it from my button-hole.
WILLIAM RICHARD JOHNSON . I am manager to Mr. William Henry Johnson, pawnbroker, at 89, Bermondsey New Road—on 20th September about midday, the prisoner came there and offered this gold watch and albert chain in pledge—in the first instance he asked 5l. on it—I told him I could make it 2l.—he appeared to want the money very much, and said his mother was lying dead at the time—I offered to make it 50s.—he said they cost him 7l. some short time previously—I have no doubt the prisoner is the man—he pledged them in the name of James Montague.
Cross-examined by the Prisoner. Possibly you asked me 3l. and not 5l.—I may have made a mistake.
GEORGE BECKWITH (Policeman R 224). I received information of this robbery from Mr. Harmer, and she gave me a description of the person who hac robbed her, in consequence of which 1 apprehended the prisoner on 22nd September, at his house—I charged him with stealing a watch and chain of Mr. Harmer—he denied it, and said he would rather see the lady—I took him to Mr. Harmer, and she identified him as being the man—I received the watch and chain from Mr. Johnson about a week afterwards, and produce them to-day.
The prisoner in his defence stated that the prosecutrix gave him the watch and guard to tage care of as he was seeing her home, that he left her at her house, and left her for a purpose and never returned.
GUILTY — Eighteen Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution.
WILLIAM LONG . I am a costermonger, and live at 7, Nile Street, East Greenwich—about 9.30 on Tuesday evening, 21st September, I was in the Mews where Mr. Tidy's stable are—I saw the prisoner go down the Mews about 9.30., or two or three minutes later; he came out again in about five minutes—I saw him again about 10.30—he went down the Mews again and stayed about five minutes, and then he went to the United Service beershop at the the top of the street—I saw him about 12.15 go down the Mews again—I thought something was up and I went and got Gibbons, and re went down the yard—I saw the pony in harness and in the cart—w holloaed out "What's up now," and the prisoner ran away from it—he was touching the trace; Gibbons went after him and I went for a policeman.
Cross-examined by the Prisoner. I did not see you put the harness on—another man did not run from the yard when I holloaed out—there was of one there but you.
EDWARD GIBBONS . I am a labourer and live at 9, Nile Street, Greenwich—a little after 12 o'clock on this morning Long came to the Victoria beer-lop and called me, and I went down the Mews with him and saw the pony harness in the cart—I called out "Holloa, what's up here?" and the prisoner ran away—I ran after him and overtook him by Christ Church, East Greenwich—I called for help and the policeman Spur came up and book him.
Cross-examined by the Prisoner. You were the only man I saw.
GEORGE SPUR (Police Sergeant R 34). About 12.10 on 22nd September I was in Trafalgar Road, Greenwich, and heard a cry of "Stop him"—I saw the prisoner running by me—I said "What's up?"—he made no reply and I made after him and caught him about 6 yards lower down—I asked him what was the matter—he made no answer—Gibbons came up and said he had been stealing Mr. Tidy's pony and trap—I took the prisoner back to the stable and found the pony in the shafts with the trace not connected—I found the stable door had been broken open—I afterwards found this hammer in a passage through which the prisoner had run, and I found these pincers in his coat pocket—he made no answer to the charge—I went and called Mr. Tidy up.
WILLIAM TIDY . I am a butcher at Trafalgar Road, Greenwich—about 9 o'clock on the evening of 21st September, I saw the pony and cart locked up safely—I was called about 12.15 in the morning, and found the pony and cart at the door and the prisoner in custody—I went and charged him at the station, and then went and examined the stable door and found it broken open—the pony, cart and harness were worth 35l.—I did not know the prisoner at all.
Prisoner's Defence. A man took me round there and then he ran away and I ran after him.
GUILTY . He also PLEADED GUILTY to having been before convicted in August, 1868*— Eighteen Months' Imprisonment.
MR. A. METCALFE conducted the Prosecusion.
WILLIAM CLARKE . I live at 211, Cater Street, Peckham, and am a pensioner in the Royal Marines—on Monday, the 4th October, I went up to the Greenwich Pension Office to draw my pension—I took with me 7s. 5d. and drew from the Pension Office 2l. 10s. 5d., making 2l. 17s. 10d.—I afterwards went into a public-house in Greenwich; I cannot tell the name—I had 2d. worth of bread and cheese and 1d. worth of beer—I went into another public-house first and had a glass of 4d. ale and 2d. worth of bread and cheese—I was by myself—I then went into the Cape of Good Hope in King Street, Deptford—I was alone and it was about 3 o'clock in the afternoon; the prisoner was in the bar when I went in and some conversation ensued between us about joining Her Majesty's service—I paid for a pot of ale which we were drinking in front of the bar—the prisoner suggested that "we had better go into the tap-room" and sit down"—we went in together. and another pensioner was there, who remained about twenty minutes—when we were alone I drank some of the beer and very shortly afterwards became quite insensible—when I recovered the prisoner was cutting my right-hand trousers pocket out with a knife, I could not recognise the knife—that is my knife; white handle, two blades, and a little bit broken out of the handle—this is the cut pocket—the prisoner ran out, I told the landlord—I have not seen any of my money since—I got my knife again from the police.
Cross-examined by the Prisoner. I cannot say how you came by my knife—I know it was in my left-hand pocket and when I came to my
senses I found my pocket pulled out—it was in my pocket with two thimbles—I did not lend you my knife to cut some hard tobacco—I did not ask you several times to enlist—I advised you to enlist if you wished to better your position—I did not open your breast and Bound your lungs like a doctor—I found my pockets unbuttoned.
HENRY SPILLAM . I keep the Cape of Good Hope, Deptford—on the afternoon of the 4th October the prisoner was at my bar—in twenty minutes or more the prosecutor came in—the other pensioner was in previously—he belonged to Deptford and was not in his company at all—the three dropped into some conversation in front of the bar and the topic was advising the young man to enlist to better his condition—he was in a deplorable state then—he was very shabby and he suggested going into the taproom—the prisoner took the beer in—about twenty minutes afterwards the other prisoner came out, and the other two were left in the room together—I should think about twenty minutes after that I was in the bar, and I saw the prisoner rush through in a violent manner, and I said "Something is wrong," and ran to the street door to see if I could see him, and it appeared he turned into a turning where there was no thoroughfare—I went into the taproom and found the prosecutor in a state of insensibility, and I asked him what was the matter—I looked at his pockets and saw one was cut out entirely, and a portion of the other taken off—I sent for the police and soon after the police came we saw the prisoner some distance off and we both pursued him and followed him into a coal shed where we took him—he said to the constable that he only had a sovereign and that belonged to him, his own hard earnings and he threw this knife away, and I went and picked it up, we took him to the station-house, and the money was found 011 him.
Cross-examined by the Prisoner. The other pensioner came in some time after you—I had hold of you going to the station—I did not hear you say that the prosecutor had given his knife to cut tobacco—I never went into the taproom while you were there together—the other pensioner I have known in Deptford as a very quiet, honest man for twenty years.
RICHARD LOVEDEN (Policeman R 251). I was on duty in the High Street, Deptford, on the afternoon in question and was called by the last witness, and we ran after the prisoner, whom we caught in a coalshed in King Street and told him he was charged with robbing a man—he said he had two or three pounds in money that he had worked hard for—he didn't say he had only sovereign; he had a soverign in his hand at the time—I took him to the station—he gave me 2s. and said "Don't say anything more about, it won't do you any good, I done it"—a little further on he put his hand in his pocket and pulled a knife out and said "Allow me to throw this knife away, it belongs to the man"—it was picked up by last witness and given to me—I have kept it since—after he was charged at the station I searched him and found 2l. 10s. in gold, 6s. 6d. in silver, and 1s. in bronze.
Cross-examined by the Prisoner. At the time I apprehended you you said you had 2l. or 3l.—you told me going to the station that the knife belonged to prosecutor and that you cut his pocket out with it.
Prisoner's Statement before the Magistrate: "I work over at Mr. Vickery's gas factory, and I met prosecutor at Mr. Spillam's, and this old pensioner was there. I left and began to fight with another man outside the public-house, and somebody said "Run," and thinking it was the man 1 had been fighting with coming after me again I ran. I deny taking the money from the prosecutor.
Prisoner's Defence. I went into the Cape of Good Hope and this man says he was a sergeant-major of marines. I didn't know whether he was or wasn't. He says "He would make a smart young soldier if he would enlist with us; you had better come with me and live the life of a gentleman". I said "I can earn that" (showing the money in my pocket) "and I am not going into the army for less." We had a holiday on that day. When I went out the policeman and landlord ran after me, and they says to me "Run," and I just stepped into the shed. I said to the policeman "The money I have here I have worked hard for."I never robbed a man in my life that I am aware. I own to his knife.
GUILTY **— Eighteen Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. D. METCALFE conducted the Prosecution.
THOMAS FRANCIS (Policeman R 304). On Sunday morning, 19th September, I was on duty in Hale Street, Deptford, about 2 a.m., and saw the prosecutor sitting in a doorway and the prisoner stooping over him—I saw him draw a handkerchief from Smith's neck and put it in his pocket, and then he put his hand in Smith's lefthand trousers pocket and then into his own coat pocket—I stepped across the road—he attempted to run away, but I stopped him and brought him back, and Thomas set the prosecutor up and asked him if he had lost anything—he said he thought not—the prisoner took the handkerchief out of his pocket and was going—to throw it away, but I took it, and Smith said that it was his, and that he had also lost 11s. or 11s. 6d.—I searched the prisoner at the station and found 13s. in silver and 1s. in bronze.
GEORGE THOMAS (Policeman R 166). I was with Francis, and saw Smith on the doorstep and the prisoner stooping over him—I saw him take a handkerchief from his neck and put it in his pocket, and put his hand in Smith's pocket and then into his own.
WILLIAM SMITH . I am a labourer, of 2, Hale Street, Deptford—on this Sunday morning I was asleep on a doorstep—a policeman awoke me and showed me my handkerchief—he asked how much money I had lost—I said "A few shillings"—he said "How much?"—I said "Between 11s. and 12s. "
Prisoner's Defence. I had been at work and received this money. I met the prosecutor and spoke to him, and finding he made no answer I walked away, and the policeman shouted after me. I worked hard for the money.
GUILTY —Re was further charged with a previous conviction at this Court, in 1868, to which he
PLEADED GUILTY**— Ten Years' Penal Servitude.
Before Mr. Justice Quain,
612. JOHN KING (46) , Feloniously setting fire to certain things in the dwelling-house of Henry O'Brien, under such circumstances that if the house had been set fire to, he would have been guilty of felony.
MR. TICKELL conducted the Prosecution; and MR. GILL the Defence.
WILLIAM O'BRIEN . I live at 14, Brunell Street, Vauxhall, and am the tenant of the house—the prisoner is my lodger—on 16th October, about midnight, I heard him upstairs swearing—I saw his wife standing outside
the door; by some means she got the door open, and the room was so full of smoke that I could hardly stand in it—a tea tray was thrown from the window of the room—I don't know which of us it was intended for, but. it struck the door—I fetched a constable and went back, opened the window to let the smoke out, and then saw the prisoner putting his boots on—I saw a pair of stays, a petticoat, and some linen or calico burning on the floor—the constable put them out and took the prisoner in custody—he said that it was an accident—he said at the station that he intended to do for the lot—another lodger and my mother were in the house.
Cross-examined. He has lived in the house seven weeks—I think he is employed at the South Western Railway—I cannot tell you whether he was undressed or in his night shirt, but when I had got the smoke out he had got some of his clothes on—the burning things were outside the fender—there was a piece of sacking instead of a carpet, that was the only thing between the flames and the boards—I believe the floor was not burnt.
By THE COURT. His wife and I went in together—these things were not on the grate—there was a candle alight in the room—I only put my head in and then rushed for a constable, because I was frightened at the tea-tray being thrown and at the smoke.
THOMAS MEE (Policeman A 168). I heard cries of "Fire!" went upstairs and saw the prisoner standing on the landing—I asked him what was the matter; he said "Nothing"—I went into the room and saw this skirt and stays burning on the carpet, about a foot from the fireplace—the window was not open then, and the room was full of smoke; it nearly took my breath away to put the fire out—I asked the prisoner how it was done—he said "I have done it for revenge, because my wife behaves bad to me"—I told him to put on his boots—he did so, and went with me to the station; he seemed quite sober—there was a carpet in the room which was a little scorched.
Cross-examined. No part of the room was burnt—he said before the Magistrate that he was looking in a box and the skirt fell out and fell on the candle—when I saw him first he had his trowsers and waistcoat on, but his feet were bare.
NOT GUILTY .
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution.
EDWIN PORTER . I live at 10, Union Place, Draper Street, Newington—on 24th August I was in the employ of Messrs. George Cockerell and others as carman;—it was my duty to take out coals and deliver them to customers—I was supplied with two notes, one to give and one to return—about 5.30 that afternoon I took a ton of Wallsend coals to Mr. Miller, of 38, Manor Street, Clapham—at Blaokfriars I picked up the two prisoners, who went with me—I had had a drop of beer, but I was sober; I knew what 1 was about—the prisoners had something to drink with me—Finch shovelled the coals in, and I carried in all but the last sack; Gray carried that in—I gave the delivery ticket to Finch to take in before the coals were shot—when he came out tie told me to go in and and get the ticket—I went in and found that he had signed my name and received the money—I had not authorised him to do so—when I came out they were gone—I saw nothing more of them till next lay, when I gave them into custody—Finch said he knew nothing about it;
Gray said the same, and offered to fight me—I have since been discharged by Messrs. Cockerell.
AGNES MILLER . I am the daughter of Harriet Miller, a widow, of 38, Manor Street, Clapham—she is seventy-seven or seventy-eight years of age, and is almost entirely confined to the house—I left her at home this morning—she is not able to come here—the slightest excitement would possibly cause her death—I produce a certificate from Dr. Taylor, dated 22nd October, as to her state.
WILLIAM HEWSON (Policeman L 251). I was present when the evidence of Mr. Miller was taken at her house—the prisoners were present and had an opportunity of cross-examining her—the Magistrate and his clerk were there—the deposition was read over in the prisoners' presence. (Read: "Harriett Miller. I am a widow, and live at 38, Manor Street, Clapham—I remember the coals coming from Cockerell's—directly they came the bill and ticket were brought to me—Finch first came for the money, and 1 gave him 1l. 10s. 4d., and Gray signed the bill—after they had gone Porter came in and signed the bill underneath Gray's signature—I am certain Finch is the man I gave the money to; I can't say they were sober; all three had had too much to drink.
GUILTY — Three Months' Imprisonment each.
MR. MEAD conducted the Prosecution; and MR. A. SOUTTAR the Defence.
TEMPLE CHEVALIER MARTIN . I am second clerk at the Southwark police-court—on 28th September George Frederick Holt was charged before Mr. Partridge with attempting to pick the pocket of Ann Dawsou of a purse and 5d. in bronze—I produce the charge-sheet—Ann Dawson appeared and was sworn—I took her deposition—this is it. (The deposition stated that she found the prisoner's hand in her pocket on two occasions, once at the Elephant and Castle, and once afterwards. The part on which perjury was alleged was that she did not ask Holt to treat her, that they did not go to a public-house and have bread and cheese, that he did not pay for a pot of ale, and that she did not say "Let us have some eels") She was asked to sign her deposition and refused; she said she would rather not—the Magistrate heard Julia Martin and two other witnesses, one for the prisoner, William Varden, and ultimately discharged Holt; Dawson and Martin were taken into cuestudy.
Cross-examined. The prisoner gave no reason that I heard for not sign—ing her deposition; she was asked whether she would sign and she drew back and said she would rather not—that was after the other witnesses had been examined and after the Magistrate had put the case back for the police to go to the public-house and make inquiries.
GEORGE FREDERICK HOLT . I am a gilder, and live at 23, Lancaster Street, Borough—about 5.50 on the evening of 22nd September, I went into the Elephant and Castle public-house with Varden, who I met with that day—I called for 2d. worth of gin-and-bitters—the prisoner and Martin were there together drinking a pint of half-and-half—the prisoner touched me under the chin and said "Are you going to treat me, duckey"—I said "You may have a drop of beer if you like," and I paid for a pint—I did not put my hand in her pocket whilst at, the bar—she did not seize my hand, nothing was said about it—the four of us went out and stopped just outside the door and she said "I am very sorry I can't treat you, I am going by the bus, and 1 have only just enough"—I said "You can have a drop more if you like,"
so we four went over to the Little Elephant beer-house and I called for a pot of 6 ale and 2d. worth of bread and cheese, which I paid for—we were all larking there; the prisoner was pulling me about and I touched her on the breast, and she put her hand on my thigh and said she could not take me home, but if 1 liked to go anywhere else I could—I said no, I did not wish it, I had just come out about some things for my wife—we came out and I said to my companion "Come down and have some eels"—the prisone said "Aint you going to take me with you"—I said "No, I have not got the money"—she said "Oh, you are a shabby devil"—I said "Good night, I am off," and I went off pretty quickly—after I had been in the eel shop about three minutes a policeman came in, caught hold of me, and said I was charged with attempting to pick a woman's pocket—the prisoner was just outside the door—I was taken to the station, and next day before the Magistrate, who discharged me—I knew nothing of the prisoner.
Cross-examined. I had not been drinking with Varden, before I went to the Elephant and Castle—I had only had one glass by myself—I had not a good deal of drink with the prisoner—she had a pint of half-and-half—I did lot drink with her; I had 2d. worth of gin and bitters, and at the Little Elephant, we had a pot of 6d. ale—she was larking with me there—I don't know that I was larking with her; we were all sitting down, two on one seat and two on another—she did not strike me as being a respectable woman.
WILLIAM VARDEN . I am a carpenter and builder and live at 13, Gurney Street, New Kent Road—on this evening, I went into the Elephant and Castle with Holt, and there saw the prisoner and Julia Martin—the prisoner tapped Holt under the chin, and said "My duckey aint you going to stand anything," and he paid for a pint of id. half-and-half—I did not see Holt put his hand into the prisoner's pocket, or see her seize his hand—nothing as said about it—when we went outside the prisoner said "I have only got enough money to pay for my bus, or I would stand a drop"—Holt said "It does not matter, we. will go over here and have a drop," and we went over to the Young Elephant, and had a pot of ale and two 2d. worths of bread and cheese, which they partook of—the prisoner and Holt were playing together, touching one another about—the prisoner said she could not take him home; she was afraid of her husband—Holt said he had come out to buy something for his wife, and he did not want anything of the kind—we all four went out together, and he said to me "Are you coming down the London Road to have some eels"—I said "I don't mind"—the prisoner said "Aint you going to take me with you"—he said "No, I have not got enough money, I want to be off"—she bid us good night, and we went to the eel shop, and the policeman came in and took Holt—next day I gave evidence on his behalf.
EMMA BANNISTER . I keep the Young Elephant—on 22nd September, the prisoner and Martin came there with Holt and Varden—they had a pot of 6d. ale, Holt paid for it, they all drank of it, and. they had two 2d. worths bread and cheese, Holt paid for it and they all had some—they were having in a very disgraceful manner, pulling each other about; I directed they should not be served with any more, and they left.
GUILTY — Twelve Months' Imprisonment.
No evidence— NOT GUILTY .
MR. THORNE COLE conducted the Prosecution.
CAROLINE SEARS . I am the wife of John Sears, and live at 26, Hartley Road, Penge—on Tuesday, the 24th September, the prisoner came to my house, and I gave her a dress to make, and she agreed to get it done in three days—she asked me if I had got any trimmings for it, and I told her no—she said if I would allow her she would get them much cheaper than I should—I gave her half a sovereign to get them—I next saw her on the Wednesday morning when she came to work, with the trimmings—I asked her for the bill and the change, and she said she forgot to bring it, and would bring it next day—next day she brought me a bill for 9s. 7 1/2 d., and said that was what the things come to—I asked her for the change and she said it came close on to the money—I felt dissatisfied and went to the shop in the evening, and they made some communication to me—I saw the prisoner next morning but I did not mention about the bill, because I wanted her to get my dress finished—she wanted the money on Friday night for her day's work, and I said I would settle with her altogether, because she had not given me the right change, I told her I had been to the shop and that she had charged a great deal too much; more than half—she said dressmakers were allowed to have half the money for discount—I gave her into custody on Saturday night.
Cross-examined by the Prisoner. You were the first to propose that you should get the lining—Mr. Fitzgerald recommended you to me—she is here.
MAGGIE GERARD . I am assistant to Mr. Field, a draper, at 2, The Pavement, Annerly Road—on Tuesday, 21st September, I served the prisoner with goods to the amount of 4s. 5d—they were dress trimmings, satins, linings, silks and cottons—I took 4d. off the 4s. 5d.—I made out the bill and put the discount at the bottom—she asked me if I would make her another without the discount—I said I would, and as I was going to do it. she said if I would give her a bill she would do it at home—I was very busy and I gave a blank bill head—on Thursday this bill for 9s. 7 1/2 d. was shown to me—it is not made out by myself or any one in the establishment—I recognised the articles there as the articles I had served the prisoner with, for 4s. 5d.
Cross-examined by the Prisoner. We often make a second bill for the dressmaker without discount.
Cross-examined by the Prisoner. I told Mr. Sears that she had better let you get the lining and trimming—I said I thought you would get it much cheaper and better for her—that was on the Saturday previous.
JOSEPH BATEMAN (Policeman P 16). I took the prisoner into custody, and was present when she was charged with obtaining 5s. 2 1/2 d. by fraud—that was the first charge—she begged Mr. Sears not to charge her, and offered to let her have the money that she was to have for making the dress, and to pay her the balance of the bill.
The prisoner in her defence stated that she had used some satin which she had by her in making up the dress, and she had charged for that in addition to the articles she had bought.
GUILTY of uttering. She also PLEADED GUILTY to having been before convicted at Newington in March, 1875, and sentenced to fourteen days.— Six Months' Imprisonment.
MR. J. P. GRAIN conducted the Prosecution; and MR. HORACE AVORY the Defence.
JOHN SMITH . I live at 47, King-Street, Walworth, and am a coster-monge—on a Saturday in September I had had a little to drink, and was going home by a public-house called the Black Prince, in the Walworth Road, when I saw some one hitting a young woman, and I interfered—I could not say who it was; I had had too much to drink—I hit the man, and he said "Come round the corner"—I did not fight at all with the man—I was going to spar up to him when I was stabbed with a knife here (over the left eye)—he ran down the New Kent Road, and I followed him as soon as I could—I was close behind him—no one else was running besides—I don't recollect anything else until I found myself at the hospital.
Cross-examined. I have no idea how far the Black Prince is from Wey-mouth Street; it is not so much as half a mile—I had had a goodish drop to drink that night—I could hardly stand to run after him—I should not have interfered with him if I had not had something to drink—I am sure he was hitting a young woman—I don't recollect fighting when we went round the corner; we may have hit one another—I had never seen him before, and I don't recognise him—I don't know who the man was that went round the corner with me—I could not see him all the time I was running after him; the blood got too far and smothered me—I was exhausted.
WILLIAM HENRY TUCKER . I live at 31, Devonshire Street, Newington Causeway, and am a printer—at 12.20 on Saturday night, the 18th September, I was in the New Kent Road, and saw the prisoner running, and Smith close behind him—they turned into Lion Street—I kept them in view—the prisoner kept about 5 or 6 yards in advance—they turned into a passage leading to Weymouth Street, and I caught them again—I came up with the prosecutor after they got into Weymouth Street—he dropped—I followed the prisoner and caught him within another minute, and held him till the policeman came up, and went with them to the station—I came back to where the prosecutor had dropped, and saw a knife sticking in his forehead—his face was covered with blood—I saw a mob running—I am quite sure prisoner is the man I first saw running away—I don't think Smith knew what he was talking about.
Cross-examined. I don't recollect the prisoner previously—when I saw them running they turned into Weymouth Street, and I lost sight of them in turning—it was dark, but I can tell the man by the height—there was only the prosecutor besides running behind.
ANTHONY CHALLIS . I live at 19, Union Square, Borough, and am a hackney carriage keeper—on the night in question I heard a cry of "Stop thief"—I was returning home, and when I got to the corner of Baker Street I saw the prisoner coming along quickly followed by Smith—I followed and saw Smith drop—I went to him and saw the knife in his fore-head,
over the left eye—he was in a very exhausted state; in fact, he dropped—he seemed to quite senseless.
Cross-examined. I saw him before he fell, following down Baker Street.
By THE COURT. Baker Street is a small road running from Weymouth. Street into the Station Road—there is a court that runs into Weymouth Street; it is very narrow and arched over, and runs from Lion Street into Weymouth Street, and is immediately opposite Baker Street, which runs into Station Road—Smith didn't seem to be bleeding at the time—I know the Black Prince perfectly well; that was about 200 yards off, through the court, down the Kent Road, perhaps a quarter of a mile, I cannot say exactly—I followed when the prisoner was taken back to the prosecutor, and I heard the constable ask the prosecutor if the prisoner was the man. who stabbed him—he said "No, that is not the man," but immediately afterwards he said he couldn't see, as the blood then was trickling down his face from the wound.
FREDERICK RICHARDSON . I am a clerk, and live at 21, Gurney Street, New Kent Road—I recollect the evening in question; I was returning home down the New Kent Road, and heard a cry of "Stop thief 1" or "Stop him!" and saw the prisoner running and Smith behind him—I followed up behind and saw Smith drop—I was trying to take the knife from his head when the prisoner was brought back—Smith said something to the effect that he would forgive everybody, and Tucker brought back the prisoner and said "This is the man"—prosecutor was covered with blood.
Cross-examined. When I fetched a Hansom cab and we were going to the hospital Smith said something to the effect that they had had a row over a girl—I didn't understand anything further from him; he seemed to be too far gone.
JOHN JEFFREYS (Policeman 462). About 12.30 on the night in question, hearing cries, I followed the mob into Weymouth Street, and I then saw Smith on the ground with a knife sticking in his left temple with the handle bent downward—it was quite up to the hilt.
Cross-examined. There were some other people moving about at this time when I got into Weymouth Street; several came from the direction of the Station Road and New Kent Road—they were not running—Smith had fallen on the ground then—I was present when the prisoner was brought up, and when asked if he were the man he said "No;" he could not see—I took the prisoner to the station—on the way he said he knew nothing about it.
JOHN PLACE (Policeman P 158). On the evening in question, at about 12.30,1 heard cries and went to where 1 heard there was a wounded man in Weymouth Street—I found this knife in the wound and took it out of his head; the handle was bent down on the forehead—the man was lying on his back at the time I saw him—there had been others who had tried to get the knife out before I got there—the last constable brought the prisoner back to me and I asked Smith whether the prisoner was the man who stabbed him—he said it was caused through two women; he said "I feel bad, I cannot see" his face was then covered with blood—the prisoner was there at the time—there was a man standing on the right who said he saw the whole affair, and I asked him to go on to the station with the last constable and the prisoner, which he didn't do—he said he saw the prisoner put the knife into Smith—there has been everything possible tried to find this man, but we have not been able to—I took Smith to the hospital, and the prisoner was removed to the station.
Cross-examined. This young man in question gave the name of Joseph Hayes, of 14, London Street, London Road; every inquiry has been made, but we cannot find him—I think he came standing on the right side of me—I did'nt see him till I had taken the knife out—I asked the question whether any one had seen him stabbed.
JOHN FRY . I am junior house-surgeon—I saw Smith lying in the hospital—Mr. Farrier, who attended him, is ill—I saw him last evening; he is suffering from scarlet fever; he is quite well enough to attend, but it is infectious. (MR. GRAIN proposed to. read the deposition, but as this could only be done if the absent witness was too ill to travel, and the terms of the Act had not been complied with as regards taking his deposition, THE COURT ruled that it could not be read.) I saw the wounded man in the hospital, I think, on the 19th, Sunday—I didn't see him in my official capacity of house-surgeon, but as a patient in the hospital—I saw the wound, but did not examine it particularly—it was a punctured wound, about half an inch in length, directly over the left orbit—The formation there is divided into two layers, the outer and inner, and the knife appeared to have passed through the outer layer—the inner layer could not be reached by the finger, showing it had not gone through, but between the two layers—had it gone through it "would have been almost certain death—it could have been done with the knife (produced) and very considerable force indeed must have been used—the man is quite well now.
GUILTY — Five Years' Penal Servitude.
Before Mr. Justice Quian.
MR. COOPER conducted the Prosecution.
FRANCIS SMITH . I live at 184, Blackfriars Road, and am a registered medical practitioner—about 10 o'clock on Saturday evening, the 16th of October, I was sent for to 30, Queen's Street, Blackfriars Road—I went to the first floor room and saw the prisoner there, and found a woman lying on the floor whom I since knew to be Naomi Youell—she was quite dead—I used every means to restore her, but life was quite extinct—I could not at that time see the cause of death—I could only see a very slight abrasion over the right eye, and on the wrist, which would not in the least account for death—I asked the prisoner if she had been ill and taken medicine—he said no—he said she had been well up to that evening—the expression of the face looked so quiet that I thought death had happened from prussic acid—we made a post-mortem examination, I found two small abrasions on the forehead, one over each eye, on the outer part of each wrist, and two small abrasions on the left knee about the size of a 4d. piece, but no blood had issued from it—the vessels of the brain were very much congested—we bund a large clot of blood in the right ventricle; that had produced apoplexy—my firm opinion is that the cause of death was apoplexy—the lot of blood did not correspond with any mark of violence in the slightest degree—the vessels of the brain were generally in an unhealthy state, I might say diseased, which would render her more liable to an attack of apoplexy—the apoplexy might have been produced by the excitement of a quarrel without any blows—her stomach was very nearly empty, and the liver was very unhealthy—a fall against a table or a box, or a trunk would be very likely to produce those abrasions which I saw over the eye—there
was a large quantity of blood diffused over the brain, more especially in the right ventricle—I don't think it would take long to cause that—I should think a quarter of an hour in a case like that—it was merely a slight abrasion of the outer cuticle, not at all deep, there was not any bleeding—I should think it impossible that it could have been produced by a blew that would be heard by a person who did not see it, but who was in a neighbouring room.
LYDIA BAKER . I am single and live with my father and mother on the ground floor No. 30, Queen's Street, Blckfriars Road, and the prisoner lived with his wife Naomi Youell, in the first floor front room—we had lived in that house two years, and they came the week after we did—on Saturday night, the 16th of October, about 8 or 9 o'clock, I was in the kitchen in the basement—I went up to the ground floor and listened. because I heard quarrelling upstairs—the prisoner's door was shut—I stood about a dozen steps down—it is a very narrow staircase—I heard the prisoner say "Where have you got the drink from"—then I heard Mr. Youell say "I have no more drink in me than you"—then I heard blows, and then a noise as if it was a fall, and I heard her say "You spiteful wretch, oh, my God, you are a spiteful wretch;" after that all was quite—I heard him walking about the room—this took about a quarter of an hour—after that I heard the prisoner say "I will give you more before I get you between the sheets—then I heard blows again and three groans and a kiss—after that the prisoner opened the door, came down, and asked for Mr. Baker, and I told him Mr. Baker was not in, but father was—he said "Mr. Baker, will you come up, there is something the matter with my wife"—my father and I went up and found a candle in the room and Mr. Youell leaning against the wall with her head resting sideway against the table—my father said she is dead—the prisoner said "Good God, is she?"—my father went for the doctor, Mr. Smith—the prisoner remained alone with his wife till the doctor came—I went into the room again—at that time the body was taken from the chair and laid down on the floor—the prisoner was pouring brandy into her mouth—the doctor said it was no use—the prisoner said she had fallen over a box on to the chair—he also said "I did not do anything to her."
By THE COURT. I heard the sound of a blow; it sounded to me as if it was a blow by the fist against the clothes, against the body somewhere—his wife had been in half an hour before him—he did not ask me if his wife was tipsy—there has never been any intimacy between myself and the prisoner's wife.
SAMUEL ANDERSON SMITH , F.R.C.S. I examined the body with the other surgeon on the 16th of October—I could see nothing externally to account for death—I saw two abrasions over the right eye about the size of a shilling—if any blow had been given I think I should have found the impress, there was nothing of the sort—I found the whole of the brain highly congested, and a large clot in the right lateral ventricle of the brain—she died from natural causes, from apoplexy, that I am firmly convinced of—any excitement would bring it on, it might take a minute, it would be the last drop that would cause it—I saw no sign of injury to correspond with that clot—I examined her liver; it was a gin drinker's liver, what we call a hob-nail liver.
ELIZABETH REDHEAD . I knew Naomi Youell—she was at my house about 4 o'clock on this afternoon—I shared with her a quartern of gin in Mr. Thomson's room, but we had tea first—she went home, and I afterwards
went with her to buy the eggs for her husband's breakfast, and I left her at her door about 8.45—she and her husband were very friendly as long as I have known them—he was not at all a kind man to her—I have known her for three years—she was not in liquor on the night when I left her—she only had the share of the quartern and she had no more in my company—I never knew her to be in the habit of drinking spirits—I have never seen her the worse for liquor—I have drunk gin with her very seldom.
Cross-examined by the Prisoner. Your wife cams to my room about 4 o'clock—she left between 7 and 8 o'clock—I was not with her at 9 o'clock.
The Prisoner, in his defence, stated that finding his wife in liquor he gave her a push and she fell over a chair; that she got up and tried to walk across the floor, but caught her foot in the carpet or her dress and fell and grazed her forehead against a trunk.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. D. METCALFE conducted the Prosecution.
JOHN THOMAS LEFEVRE . I am a rag and bone collector of 47, Mint Street; I make them for my wife—we are not married—I don't remember much about the case, but I know I lost a good deal of blood—I was lying in the passage drunk—somebody woke me up, and I found blood coming from my head and my hand, and somebody took me to the workhouse—I do not know how my head came to be bleeding.
ELIZABETH NICHOLLS . My husband is a bootmaker—we live in the same house as the prisoner—on Saturday, 16th, about 11 o'clock, I went down and heard the old man groaning—I found him in the passage with his head in a pool of blood—I said "For God's sake, who has done this?"—he said "My wife"—I knocked at her room door and received no answer—I kicked it open and said "Mr. Lefevre, for God's sake come, your husband has been stabbed"—she said "Who has done it?"—I said "He says you have done it"—she said "Oh," and laid down again—she was evidently drunk—I saw the prisoner take a knife off the bed where she was lying—I have heard them quarrelling.
CHARLES PATTEN (Policeman M 103). I was called by the landlord and found the prosecutor lying in the passage with his head and hand cut, and pool of blood on the floor—I went for a doctor and had him taken to the workhouse—I took the prisoner in custody—she said "We had a quarrel his morning, and we said we would do it to each other"—I said "Do what, this?" and she made a motion with her hand—I found this knife in the bed where she was lying.
NOT GUILTY .
MR. AUSTIN METCALFE conducted the Prosecution.
EMMA ROCK . I am the wife of George Rock, and keep a grocer's shop 20, Spring Street, Wandsworth Road—on 21st September the prisoner came in and asked for 2 ozs. of ham—she gave me a shilling—I bounced it a the counter and told her it was bad—she said "Oh, is it?"—she asked me how much the ham was, and I told her 1 3/4 d.—she said she did not think she had any more money—she looked and gave me 2d., and I gave her 1/4 d. change—she asked me to give her the shilling back, but I would
not—I put it at the back of the counter—the prisoner left—I saw a policeman and spoke to him, and he took her into custody—I told the policeman she was the same party who came a week before and gave me one—she said "Oh, no, you must have made a mistake"—I had served her with the ham before I looked at her, and when I found the shilling was bad Hooked up and detected her.
MR. POLAND conducted the prosecution.
ELIZABETH LAMB . I am barmaid at the Black Prince public-house, in Walworth Road—on Thursday, 14th October, the prisoners came in a little before 12 o'clock at night—Bush asked for a pot of 4d. half—I served him and he gave me a half-crown—I said "This is bad," and gave it him back—he said "Is it?" and he put it in his pocket—they drank the beer—Bush paid for it with copper money and they left together.
FRANK FITCH . I am barman at the Alfred's Head, Newington Causeway—on the night of 14th October I was serving and saw the two prisoners between 12 o'clock and 12.30 in the bar—Bush asked me for half an ounce of tobacco and gave me a bad half-crown—I showed it to my master and he broke it—he gave it me back and I gave it to Bush—he gave me a shilling and I gave him 10d. change—they had half a quarter of gin between them, and while they were there a constable came and they were given into custody.
DAVID CARTER (Policeman P 149). On 14th October I saw the prisoners near the Black Horse—I saw them come out together a few minutes before. 12 o'clock; they spoke to a female for about a couple of minutes, and then went to the White Hart and look in at each of the doors, and then turned back to the Elephant and Castle—when they got to the corner of Short-Street the female went on towards Newington Causeway, and the prisoner went to the Alfred's Head—I' saw them served with a quartern of gin which Rye paid for' with copper, and afterwards Bush had half an ounce of tobacco—I was in uniform—I went in and Bush put his hand behind and dropped something, 441 picked up this half-crown with a piece out of it—I searched Bush and found two shillings, two sixpences, and 9d. in copper, a piece of soap, and the tobacco he had been served with—they were taken to the station.
FREDERICK LENZEY (Policeman P 441). Carter pointed the two prisoners out to me—I saw them go to the Alfred's Head where they were served with half quartern of gin which Rye paid for with coppers—I saw Bush served with half an ounce of tobacco and he paid with a half-crown—when we entered Bush dropped the half-crown at the back of him—I found on Rye six shillings in silver, and 1 1/2 d. in copper.
GUILTY .— Two Years' Imprisonment each.
Before Mr. Recorder.
NOT GUILTY .
623. DANIEL GREEN (23), JOHN PRATT (25), and FREDERICK MARTIN (22), PLEADED GUILTY to burglary in the dwelling-house of Edward James Morris, and stealing two inkstands and other goods— Nine Months' Imprisonment ; and
ADJOURNED TO MONDAY, NOVEMBER 22ND, 1875.