CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 13TH, 1875.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 13th, 1875, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON , M.P., LORD MAYOR of the City of London; The Hon. Sir WILLIAM VENTRIS FIELD , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN , Knt., JOHN CARTER, ESQ., Sir WILLIAM ANDERSON ROSE , Knt., Sir CHARLES WHETHAM , Knt., JAMES FIGGINS , Esq., and SIMEON CHARLES HADLEY , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
COTTON, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 13th, 1875.
Before Mr. Common Serjeant.
60. JOHN HENRY SUTTON (20) [Pleaded guilty:see original trial image] , to stealing, whilst employed in the post-office, a post-letter containing coin and postage stamps, the property of Her Majesty's Postmaster-General— Five Fears' Penal Servitude. And
61. CHARLES BENNEY (18) [Pleaded guilty:see original trial image] , to burglariously breaking and entering the dwelling-house of William Smith and stealing therein three pairs of boots and other articles his property— Nine Months' Imprisonment.
MR. WYNDHAM conducted the Prosecution.
FREDERICK WILLIAM RICHARDSON . I am a pork butcher of Brentford—on 25th November, about 1.15, I was in the Bavenue of the Metropolita n—Meat Market, and saw the prisoner take a sheep off a hook outside Mr. Taylor's shop and go away with it—I gave Newton, Mr. Taylor's man, a push and he went and looked at the sheep and said to the prisoner "That sheep is ours"—I did not hear what the prisoner said, but they had a tustle together and went up against the boards of a shop—an officer of the Market came up.
Cross-examined by the Prisoner. I was 20 yards off when you took the sheep.
CHARLES NEWTON . I am in the service of Joshua Taylor of the B Avenue, Metropolitan Meat Market—on 25th November, about 1.15 somebody touched me on the arm when I was at the bottom of the Avenue, and I saw the prisoner with a sheep on his shoulder, which I knew by two cuts on each shoulder to belong to Mr. Taylor—I went up to him and said "That is our sheep"—I got hold of him by the chest and said "Take it back," but he would not—we wrestled up against a shop—he threw the meat down and I sent for the market constable—I swore to the sheep before the Magistrate.
Cross-examined. You had not got. 20 yards from the shop—you did not say that you had made a mistake and were taking it back—you did not say that you would hang it up—you did nut speak a word.
JOHN DIMMOCK . I am a constable of the London Central Meat Market I was called and took the prisoner—a sheep was lying on the ground—as I took him down the Avenue to the station I left go of his collar and said "Of course you will have to go with me"—he then kicked my legs from under me and I went down very hard—a private-clothes man seized him and he was taken to the station.
Cross-examined. You threw me wilfully and dragged me a yard and a half on the pavement on the flat of my back.
CHARLES ROUND . I am a warder of Newgate—I saw the prisoner write this letter, but did not see him sign it—here are my initials on it. (This was dated Newgate, 20th Nov., from the prisoner to Mr. Taylor, stating that through drink he did not know what he was about at the time, and begging Mr. Taylor to withdraw the charge for the sake of his wife and five children.
The prisoner in his defence stated that he had been drinking with a friend and took the sheep in mistake for another, of which he had asked the price, and was only going to get it weighed, as he had often done before.
GUILTY —Recommended to mercy by the Prosecutor and Jury— Four Months' Imprisonment.
MR. PLATT conducted the Prosecution.
JOHN EDWARD COOPER . I am a carman of 18, Little Windmill Street—on 28th November, about 11.30 I was in an omnibus—there were other passengers when I got in, mostly females—the prisoner and another man got in at the Minories and sat opposite me—they conversed together—the omnibus pulled up at the Royal Exchange and all the passengers rose to get out—as. Wilcox was going out he placed his hands across the door and said to the conductor "Are you going to Putney?"—the two prisoners were before me and I was behind Cooper who said "I want to go to Putney"—the inside of the omnibus was dark, because the door was thrown open and thrown back—as Cooper did not move I pushed him rather roughly, saying, "Go on mate"—I then felt a sudden pull at my waistcoat, looked down and saw my gold watch in Cooper's hand—the chain still held; it went in at one button hole and out at another—I called out "Police! he has got my watch"—he attempted to get out by slipping his hand under Wilcox's arm and then Wilcox lowered his arm to prevent my following—we all three fell into the road and Wilcox dropped the watch and tried to escape—it then hung by the chain.
Cross-examined by COOPER. I did not see a coat on your arm, but a coat was produced at the station—you did not speak till the constable came, and then you said "I could not help it."
EDWARD GEORGE PHILLIPS . I am conductor of omnibus 1564, but on this night I had charge of the omnibus in question—the prosecutor got in at Burdett Road, and the two prisoners and another man at Moses and Sons, Minories—when 1 took the fares Cooper paid for Wilcox—when we
gut to the Bank the man who has got away got out first, and Wilcox stood with one foot on the step, and the other on the body of the omnibus, keeping his arm up on one side of the door—he appeared half drunk then, but he did not appear so when he got in, or I should not have let him in—as he stood there I said "The Bank, sir"—he did not move, and I said "Come along old friend, I want to get home"—he said "Let us see, you don't go to the Poultry do you?"—I said "No," and at that instant the Prosecutor sang out "Police, he has pot my watch"—Wilcox tried to get off the step, but I seized him, and the prosecutor and Cooper came out of the omnibus on to the ground—the prosecutor's watch was hanging by the chain—I gave them in custody.
MORRIS JACOBS . I am a tailor, of 21, Berwick Street—I got into this omnibus at the exchange, and saw Wilcox standing in the doorway—I said "I want to get in"—he said "Wait a minute, I cannot get in," and afterwards he said "Do you go to Putney?"—the conductor said "We are going home"—they came down, and I saw Cooper with the watch in his hand—the prosecutor held him by the neck and called "Police!"—the watch was attached to his chain—they were given in custody.
JAMES POULTON . (City Policeman 645). I heard cries of "Police. "and saw the prosecutor and Cooper tumble out of the omnibus together—the prosecutor called out "Police! he has got my watch"—I took hold of Cooper, and saw the prosecutor's watch hanging by his chain outside his waistcoat—Wilcox was standing close by, and the prosecutor said "He belongs to them, hold him"—I said to Cooper "This gentleman charges you with attempting to steal his watch"—he said "I cannot help it"—I took him in custody—I found 8d. on Cooper, but nothing on Wilcox.
Wibox's Defence. I wanted to go to Ludgate Hill, and when I found that the omnibus only went to the Exchange, I said half jeeringly "Go to Putney." That is all I have to say.
COOPER**—Twelve Months' Imprisonment.
WILCOX— Twelve Months' Imprisonment.
MR. M. WILLIAMS conducted the Prosecution; and MR. STRAIGHT the Defence.
EDWARD HIBBERT . I am lock-keeper of the City Road Basin, in the service of the Regent's Canal Company—on 28th October I was on duty at 10.45 when the prisoner's barge Oose came down the basin—a lot more barges were waiting to go through the lock—it was too dark for me to see whether the prisoner was in charge, and it was on the low level, but whoever was on board was trying to force it forward out of its turn—I ordered it back, and it stopped till between 12 and 1 o'clock—I was the only person on duty—when I ordered it back the person I addressed used very bad hnguage to me—the prisoner and a woman then came down the towing path and crossed by the gates; the prisoner then hallooed out to the man at the cabin end of his boat "Won't the b----let you through?"—the answer was "No"—he then said to the woman "Mary, open the gate, and I will pull in"—that was the lock gate—I asked him if he had got any order to pull in—he said "I will pull in for either you or your b----master"—I went up to him with my lantern, and held it up to his face to see who he was, and saw it was the prisoner—he threw the bite of his rope round me, that is the centre of it, and dropped it just at the calves of my
legs, hit me on the back of ray neck with his fist, and knocked me into the lock, calling me a b----s----; I fell 10 feet before I got to the water, which was 7 feet deep—I went to the bottom, but rose to the surface, and his boat was alongside of me—I caught hold of a cord that hung from the boat, and called for help, when the prisoner said "You old b----if you don't make less noise I will come and shake you off"—he was then on the lock side 10 feet up—Edwards and Bird came to my assistance—they filled the lock, which raised the boat and me together, and brought me up to the level—I was then in a very weak state—I had been there a very long time, and I pulled this finger out of joint by hanging to the rope—I was taken into the office, and kept in bed for a week—I have been very ill ever since, and have not been able to resume my duties yet—I had not touched him.
Cross-examined. Two boats can go into the lock at one time, but not two barges—the prisoner's was a fly boat, a long, narrow boat—each boat that comes through has to pay my charge, and present a declaration—the prisoner had not given in his declaration, but some one else had for him—I ordered his barge back till between 12 and 1 o'clock, because other barges were in turn before it—I did not put him out of his turn—a great many barges went through that night—at the time I came up and saw his barge in the lock no other barge was there—he was in his proper turn when the gate was opened by the woman—I did not poke my lantern in his face, I only held it up to look who he was; it was not a large one, not a bull's eye—we were then about half a yard from the edge of the lock, on the stone work—I did not hear a woman on his barge scream out "Help! help!"—I cannot say who got me out, I was assisted before the water was raised—the boat was laden—when I fell into the lock I did not observe what became of the rope which had been at the back of the calves of my legs—the prisoner as on the lock side when he said "If you don't make less noise I will shake you off," and the barge was still down in the lock.
DANIEL EDWARDS . I am lock-keeper at the Regent's Canal—between 12 and 1 o'clock on the morning of 29th October I was in bed—I live in a cottage by the side of the lock—I heard a noise, put on my clothes, went to the lock as quick as I could, and saw Hibbert in the lock—a man much resembling the prisoner ran over the lock to the centre of the brickwork and got on the boat—Bird and I filled the lock so as to get the man up to the lock side, and I believe the prisoner assisted us—I got the man into the office—I heard the prisoner say "Yes, I did push the old b----in; he struck me first, and I will do it again if ever he attempts to stop me or my boat"—Hibbert said "I will give him in charge"—I then searched all the locks, but could not find him in any of the boats.
Cross-examined. The lock is 14 feet from my house—I did not hear a woman screaming, nor did I see a woman on the boat, but there was one on the lock side—I know a man who is called Face—I think that is he (pointing)—I saw John Scott there, and there was a young fellow, who may have been Hall, for anything I know; I don't know their names.
Re-examined. The screams were over before my wife awoke me.
THOMAS BIRD . I was awoke by a noise, jumped up, opened the window, and heard a woman say "Get hold of him, or he will be drowned"—I went to the lock—and saw two men on the prisoner's boat and Hibbert alongside it, partly in the water—I ordered the lock to be filled up, got the boat to the side of the lock, and Hibbert stepped off—I said to the prisoner "You have made a pretty mess of this," or "You have done a pretty job"—he
said "If you had acted as he did 1 should have served you the same. He struck me with his lamp"—when a constable arrived the prisoner had gone.
Cross-examined. It was Hibbert who I heard call out first.
JONH POWDELL , M.R.C.S. I visited Hibbert on 29th October, and found him suffering from a considerable amount of shock—his right hand was considerably bruised, and his second finger sprained—he was compelled to keep in bed six or seven days, and is not able to attend to his duties yet.
THOMAS TEW . I took the prisoner on Tuesday, the 23rd, on the banks of a canal in Cheshire on a warrant—I told him that the charge was attempting to murder a man named Hibbert—he said "I pushed him in, but did not intend to kill him."
Witnesses for the Defence.
BATES BENNETT . I live at Brompton, in Northampton shire—I drive the horses for the barges—I was by the lock when the prisoner's boat was close to a Northampton boat, which went in—there was room in the lock for the prisoner's boat as well, but the door was slammed by the chap along with the Northampton boat—Hibbert then came out, and the order was for the prisoner's boat to shove back and Allen Hall did so—he went back, I dare say 10 yards, and lay alongside the ice wharf—two barges then came up and were let in before the prisoner's barge, and he came with his wife and complained, and he threw me off the tack steering—his wife opened the outside gate and he pulled the boat into the lock, and Hibbert ran up to him and struck at, him with his bull's-eye lautern—I was not 10 yards away—he did not strike him, but the prisoner shoved him back, and his heel caught a stump which they tie barges to, and he fell into the lock—I know what a bull's-eye is—it was a bull's-eye lautern—he catched his heel against the strapping stump, which is a piece of wood in the ground with iron round it to which barges are tied—when Hibbert fell into the lock, Jones put the rope round him, and under the boat cloths, and pull him into the boat—Scott then called out "Shut the gate"—the wife shut the gate, and they called out "Draw up"—he said "I shall not draw up until I know how the man's legs are"—the lock-keeper ran round and drew the paddles up and let the water in, and another chap drawed it up—Jones did not use no bad lauguage.
Cross-examined. That is as true as the rest of my story—I was not 10 yards from Jones when the lantern was pushed at him—this was in the dark, it was 12.30 at night—Jones did not throw a rope round Hibbert, when he was on the land—the rope did not catch him round the calves, it was a very gentle push that Jones gave, and Hibbert walked back and caught his heel and feel into the lock.
JOHN SCOTT . I am foreman of the boats on the Grand Junction Canal Company—I saw Hibbert in the lock, and Jones, Willis, and Martin, in the boat trying to get him out—it takes about fifteen minutes to pass a barge through the lock, and lower the water again.
ALLEN HALL . I live at Northampton—I worked on the same boat as the prisoner, and was in charge of the baat on this night; the prisoner and his wife were away—I came up to the lock with another boat and tried to follow it into the lock—I hallooed to them to stop the boat, but they would not, and I gave the lock-keeper my pass, but he told me to shove back and would not let me in—there was room for me—that was Edwards—he put me back for about two hours—two barges went through before me—I
saw the prisoner and his wife come across the lock bridge—only two barges passed through in that time—the prisoner said "Won't they let you through?"—I said "No"—he said "Give me a rope and I will pull you in"—I did so and he pulled into the lock—he kept hold of the rope, and while he was holding it Hibbert came up and struck him with the lamp—he put his hand up to save the blow, tumbled over the strapping stump and fell into the lock—I was in the stern of the boat; I ran round and helped to get him out—the prisoner helped also, he jumped from one side of the lock to the other over the water to get him out, but I could not do so; I had to run round—he did not jump from one side of the lock to its other side, but from the lock into the boat—Hibbert was pulled into the boat, and we rose the water and landed him.
Cross-examined. I did not give this evidence before the Magistrate—it was very dark—the prisoner used no bad language, not a word—he was struck a heavy blow in the face with the lantern, upon which he put out his hand, and Hibbert walked backwards, and tumbled into the lock.
Re-examined. After that night I went away some distance—I work about the country.
By THE COURT. When we are through the lock we lie in the basin—the question was whether we should lie below the lock or above it.
EDWARD WILLIS . I live in Worcestershire, and work boating—I was on the engine of the steam boat which was going to take the prisoner's barge along—I got there after Hibbert was in the lock, and assisted him; I don't know how he got in.
GUILTY — Eighteen Months' Imprisonment ,
NEW COURT.—Monday, December 13th, 1875.
MR. CRAUFURD conducted the Prosecution.
WALTER BROOKS . I am barman at the George Hotel, Strand—Mr. Bolton is the manager—On the 24th November, in the morning, prisoner tendered me a bad half-crown—I sent for the manager, who came and gave prisoner into custody.
GEORGE LAW . I used to be barman at the Haunch of Venison, Temple Bar—the prisoner came there twice on the 23rd November—he tendered two bad half-crowns—I took no other half-crowns from that time until the time when my master came into the bar, when he looked in the till and found this bad money.
JOHN STENNINGS . I have heard what the last witness said, and confirm it—I think the prisoner was about leaving when I came into the bar—I looked in the till, and found two bad half-crowns, and they were the only ones in the till.
THOMAS CRAVEN . I am potman at the Crown Tavern—the prisoner came into the bar on the 23rd November—he tendered a bad half-crown, which was returned to him—I saw him afterwards go into the Haunch of Venison.
JOB POWNEY (Policeman E 181). I was called to the George Hotel on the 24th November, when prisoner was given into my custody—I searched him, and found 16s. 6d. in silver, 1s. 3 1/2 d. in bronze money—I received
counterfeit coin from Mr. Bolton, half a crown, which I produce; the other two came from Mr. Stenuings.
Several previous convictions of a like nature were proved against the prisoer— Ten Year's Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
FANNY DEANE . My brother keeps the Union Tavern, King's Cross Road and I serve in the bar—the prisoner and another man came into the bar on the 21st October and tendered a bad florin in payment for some whiskey and a penny cigar—the baraman, Thomas Hornshaw took it out of my hand and found it was bad—a policeman came in—the prisoner escaped, but the other man was taken into custody.
THOMAS HORNSHAW . I am the barman—I was in the bar on the 21st October and saw the prisoner with a companion—I took the florin tendered to the barmaid out of her hand, bent it on the table, and found it was bad—there was a seuffle in the bar with the policeman—prisoner slipped his coat off and got away—I afterwards picked up a bad shilling where the scuffle had been—I gave both coins to the constable.
WILLIAM MATHIESON . I keep the Calthorpe Arms—I was present when a man named Parsons came and tendered a shilling, which was bad—I followed him and saw him join the prisoner—they walked together down King's Cross Road into the Union Tavern—I spoke to a policeman and then went in myself—I told the barmaid to keep the money in her hand so as to have no mistake—the barman took it out of her hand, found it to be bad, and the two men were given into custody—while I went to fetch another policeman the prisoner escaped.
Cross-examined by Prisoner. It was dusk when I followed you—the constable was watching outside.
Cross-examined by Prisoner. I did not come to your sister's house in company with three other constables and say "I believe you are the man I want," and afterwards "I don't think he is the b—e—now"—I did not see you until you were brought to the police-station.
Re-examined. Prisoner was taken into custody for assaulting two constables, and not for this charge—I recognised him at the station as the man who escaped from me at the Union public-house.
Charles Feltham (Policeman N 491). Accompanied by another police-constable I took prisoner into custody on the night of the 21st November for assault on a brother constable—while struggling on the ground he said "You want me for another job."
Cross-examined by Prisoner. I did not see you in a doorway and say "That's him," and hit you in the mouth, cut your head open, and cut your eye—I did not say "We will pay him"—you had not your coat off—I did not tear it off.
Witnesses for the Defence.
CHARLES ELLIS . I am a cardboard cutter at 198, White Cross Street—on the Saturday when the prisoner came home to tea two policemen and two detectives came and said they wanted him—I think I should know two of them—156 N was not there; 169 N was there.
HENRY FRASER LAWRENCE . I know of the prisoner being at work for the past six months, and I know the last time he was there was on the Saturday last month, and on the Friday night previous he worked until 9 o'clock and came on in the morning at 8 o'clock.
Prisoner. I am not the man who accompanied the other prisoner. If he were called up there is no doubt he would say so. THOMAS PARSONS. I was convicted last Sessions and sentented to seven years' penal servitude for uttering bad money—the prisoner was not the person who was in company with me at the time.
Cross-examined. I decline to say who was the party.
—He also PLEADED GUILTY to a previous conviction of a like offence— Twelve Months' Imprisonment.
MR. CRAWFURD conducted the Prosecution.
WILLIAM RAWSON . I am a grocer at Notting Hill—on the 13th November, about 12.15 p.m, the prisoner came to my shop for a biscuit and cheese, and tendered to my wife a bad half-crown—I went out of the shop after the prisoner, told him he had given me a bad half-crown, and he said "I havn't another farthing on me," and said "I must give you the goods"—he returned me the change and I gave him the half-crown—a constable came up and took him into custody.
Cross-examined by the Prisoner. When I gave you the half-crown you said you were not aware it was a bad one, and you gave it to the policeman to look at.
JOHN BARRATT (Policeman C 107). I saw the prisoner handing over the change to the last witness—when the prisoner showed me the half-crown I saw it was bad and took him to the station—on the way there he said "I took it in the market this morning for a box of herrings"—another time he said "I got it about dinner time," and nearer the station he said "I hadn't it in my hands only about half an hour"—at the station I saw a coin in his mouth when searching him—Sergeant Bonner put his two fingers in while I squeezed his jaw, but the coin passed down—the prisoner became very ill, and a doctor was sent for, who made an examination—the prisoner got better—I found some more money upon him.
EDWARD BONNER (Policeman X 32). I was at the station when the prisoner was up—from the manner in which he spoke I told him to open his mouth, I saw the edge of a white coin and said "You have got something in your mouth"—I caught hold of him to stop him swallowing it and he bit my finger—he became very bad and I said I thought he would not get over it—a doctor was sent for, but it passed down before he came.
and I found a very small clot of blood on his tongue—it could not have been occasioned by actual squeezing of the throat, it must have been done by some hard substance passing down the throat.
GUILTY — Twelve Months' Imprisonment.
MR. CRAWFURD conducted the Prosecution.
JOHN BRITTON BURTON . I am a chemist and druggist at 6, Store Street, Bedford Square—on two occasions the prisoner has passed bad money at my shop, a bad florin on one occasion and a bad shilling on the other—the florin was given to the constable—on the second occasion I saw the prisoner across the road receive something from some one, and he came into my shop and tendered a bad 1s.—I tested the coin with nitrate of silver, which turned it black.
Cross-examined by the Prisoner. When I discovered the 1s. was bad; I did not actually return it before receiving the change from you—silver would not bend or break, except by very great pressure.
WILLIAM HOPPER HARRISON . I am manager to the last witness—I was in the shop on the 1st of December, when the prisoner came in—I made a communication to Mr. Burton; I quite confirm what he has said—the prisoner is the same man that came on the first occasion—about 3rd November.
Cross-examined by the Prisoner. I never had the 1s. in my possession at all, but it was shown to me—I could not recognised it—you said you would scorn the action of doing anything of the kind.
JOHN BAYTRAP (Policeman E 457). I took the prisoner into custody—he owned that he put the money down, but denied any knowledge of its being bad—Mr. Burton gave me the counterfeit coin—I have it here. WILLIAM WEBSTER. The florin produced is bad.
Prisoner's Defence. If a man puts a ls. in his pocket with lucifer matches, provided it is there any time it will turn black; supposing a man who works at a gas factory puts money in his pocket, after it has been there any time it will turn black. It is not because the coin was black that it is not good; I am inflicted with a wound in the thigh, and have been in the prosecutor's shop several times. A child of six years of age would not go a second time if he knew he had done wrong; the young gentleman I spoke to across the road gave me the ls., and he said he had wished he had a thousand of them. Unfortunately he is in Wales, or he would be here to prove that the ls. was good. Another thing they have not produced the ls., my sight is very bad; I might take a piece of lead for a ls., not knowing it to be counterfeit.
GUILTY — Twelve Months' Imprisonment.
OLD COURT.—Tuesday, December 14th, 1875.
Before Mr. Common Serjeant.
71. JOHN PATEMAN (40), RICHARD SANDFORD (29), WILLIAM SMITH (42), JOHN NICHOLLS (30), RAYNER DOBBS alias TOM NORFOLK (50), and HENRY GORRINGE (30), were indicted for conspiring to steal a large quantity of whiskey and other spirits, the property of Edward Meek, and others.
MR. STRAIGHT conducted the Prosecution; and MR. COOPER appeared for Pateman; MR. MONTAGU WILLIAMS for Samdford; MR. WARNED SLEIGH for Nicholls; and MR. BESLEY for Gorringe.
After (he defendants had been given in charge to the Jury MR. BESLEY submitted that this indictment must be quashed or the Jury discharged, as the word "unlawfully" was omitted; persons might combine for lawful objects, and unless the purpose of the combination was alleged to be unlawful there would be no case to answer. In "Reg. v. Gray" which was an indictment, charging, a stealing, the word "feleniously" having been omitted the Court held that it could not be supported and the conviction was quashed; persons might combine to steal objects that were not matters of property, such as things that were ferae naturae. The COMMON SERJEANT: There are two answers to this objection, first the Statute expressly provides that where an objection is taken to some defect on the face of the indictment which is in the nature of a demurrer, it must be taken before the Jury are sworn; and secondly I am of opinion that the indictment is not defective; the term "unlawfully" is not necessarily a term of art in describing a conspiracy, and when an indictment charges a conspiracy 'feloniously to steal' as this docs, it is perfectly plain that it must be an unlawful conspiracy; then it goes on to say that the subject of the larceny was (certainly not ferae naturae) but whiskey and brandy. The case cited does not govern this case: a conspiracy feloniously to steal is obviously an offence, although the word 'unlawfully' does not precede the word 'conspire.' Therefore on both grounds the objection must be overruled
GEORGE ANTHONY BUTTEFANT . I am a clerk in the employ of Messrs. Nicholson—there is a house on the right hand side of the entrance to the yard in St. John Street, in which the clerks live, and on the left hand side there are stables—I slept in the house on Friday night, 5th November; Mr. Heapy was also on duty there; he had charge of the keys that night—it is the practice for the keys of the gate and the warehouses to be left in charge of one of the clerks over night, and he has to give them to the first person who comes in the morning—Pateman was a housekeeper in the employ, Sandford was under stableman, and Smith was engineer's labourer—on Saturday Morning, 6th November, I was aroused a little after 3.30 by the ringing of the bell at the end of the lauding; that rings from the side of the street door in St. John's Street—Mr. Heapy got up and went down-stairs to let the men in—he came and made a communication to me, and I dressed myself and went downstairs to the passage leading from the house into the yard; it was-dark—I heard footsteps coming from the direction of the yard gate towards the warehouse—there is a short passage and a flight of steps leading from the yard up to the outer and inner warehouse—between the outer and inner warehouses there are some double iron doors—I waited in the passage, and saw a light in the window of the foreign ware-house, which is under the outer warehouse—I went into the yard and got under a waggon close by the passage door, from which I could see the door leading to the outer warehouse—a person came to that door from within; to the best of. my belief it was Sandford—I then went back to the house and stood behind the door; presently the yard bell rang, and I heard footsteps go towards the gate, and other footsteps returning in the direction of the warehouse door—I waited till the place was quiet, and then followed up
into the warehouse—I walked across the warehouse, and got behind some casks; from there I could see the door leading to the inner warehouse—a long flight of steps on the right leads up to the cordial room, and on the left is the still room door—vats of spirits are kept in the inner warehouse—I heard some talking, apparently coming from the inner warehouse; I could not distinguish the voices—after two or three minutes Sandford, Finch,—and a policeman in uniform, came from the inner warehouse; Finch was, stoker at that time—Finch expressed a wish that the gas should be lighted; Sandford made some reply, I do not know what—they then went down the steps into the yard—shortly after Finch and Sandford came back and passed through the iron doors into the inner warehouse, and I heard footsteps going in the direction of the still room, and then I heard the still room door closed—Sandford afterwards came back, and went to the—top of the stairs leading to the foreign warehouse, exactly facing where I was—he called out "Below, all right, come along, put it up"—the witness Pedder then came—up the stairs, and Smith immediately followed—they appeared to be carry-in something—I then crept down behind the casks for a minute or so—the next I saw of them they were going in the direction of the yard—I then heard the yard bell ring—Smith called out "Here is Jack, the horsekeeper, with the van," and one of them went and opened the gate, and I heard the wheels of a van roll into the yard—just after that I heard something like a full cask being bumped from step to step down the steps leading to the yard, and I heard a creaking noise like a basket bottle being carried—I heard some one say "I will go and put back the keys," and I heard the sound of a door being locked, and then footsteps came up the foreign ware-house steps and went into the inner warehouse in the direction of the cordial-room, where the keys of the foreign warehouse are kept—I then went from behind the casks to the top of the stairs, from which I could see the stable loft opposite, and I saw Pateman, Smith, and Pedder—Pateman was in the—loft shovelling stuff into the van—I saw two men, one was in the van, I believe both were, but I am not sure; they seemed to be pushing the stuff about in the van, loading it—while I was standing on the steps observing this Saudford came behind me from the direction of the outer warehouse;—he put his face close to mine and said "Hallo!"—I said "What little game is this?"—I then ran down the stairs and went through the house to the street door, where I expected to find a detective—the door slammed behind me—I rang the house bell first and then the yard bell, I was outside nearly ten minutes—Mr. Heapy ultimately let me in at the house door—when I got back into the yard I found the van there—no one had come out of the yard while I was outside—I found Nicholls and Gorringe standing by the van, and Pateman still in the loft—when I first saw him in the loft there was a light there, there was no light there when I came back—I asked Nicholls and Gorringe what they had got in the van—they said only the sweepings and rubbish out of the loft—I said "You had something else a short time ago"—they said "We know nothing about it, if there was"—I remained about the yard till 6 o'clock—Gorringe then took the van away—. it was Stevens' duty to lock up the keys of the foreign warehouse in the cordial room at night, and on Saturday morning I went with him to the cordial room; the door was locked, and when he opened it the key of the foreign warehouse hung in its usual place—I took the key and opened the foreign warehouse, it was locked—brandy was kept in the foreign warehouse the still room communicates with the boilers—you can pass from where the
engineer and stokers are into the still room—the furnaces are under the still—the stills are unlocked by the Excise at 6 o'clock in the morning; the fires are lighted before that.
Cross-examined by MR. COOPER. Pateman's duties were with the stable and loft—he has a man over him named Tom White—Pateman has been in the service about two years and always under White.
Cross-examined by MR. WILLIAMS. Sandford has been in the service all the time I have, which is two and a half years—when he came behind me he came through the doorway at the top of the steps; he might have come from the still room, I cannot say—I was behind the casks when I heard him say "Below, all right, put it up"—I could see him; he was at the top of the stairs leading to the foreign warehouse—there are two stokers; Matthews was one—I heard afterwards that he had hurt his finger, and that Sandford had come that morning to do his work, if so he would have to be there at 4 o'clock—the engine is in the still room—I don't know whether it is the duly of the stoker to attend to the engine—I am not aware that the keys of the cordial room were kept in the still room, the only key that we have of the cordial room Stevens kept—I have said "I can't say that Sandford was by when I heard the bumping of the cask down the steps."
Cross-examined by MR. SLEIGH. I believe I saw two men in the van, but I am not sure, X found afterwards they were Nicholls and Gorringe—I am sure of Gorringe, but not of Nicholls—I did not see Nicholls in the loft helping Pateman—there was a considerable quantity of stuff in the van.
Cross-examined by MR. BESLEY. White is Sandford's father—I don't know that the policeman was in the habit of calling the stokers—the policeman was with Sandford and Finch when I saw him, I only saw him that once, he went out before the bell rang a second time—I had the contents of the van emptied, there was nothing in it but the stuff, I then allowed it to be refilled, and it went away—I can't say whether Gorringe's name was painted on the van—Nicholls did not suggest that he had not brought Gorringe there with the van.
Re-examined. About ten minutes elapsed from the time I heard Sandford call out "Below, put it up "to hearing the cask bump down the steps.
WILLIAM HEAPY . I am a clerk in the employ of Messrs. Nicholson—I was sleeping at the premises on Friday night, 5th November—I was the clerk in charge; the keys of the warehouse were left with me; it was my duty to get up and let in the first man that came—about 3.30 on the Saturday morning I heard the yard bell ring, I partially dressed and went down, and let in Sandford—I said "Why have you come so early, are you going to work the stills?"—he said "Yes, and I have come instead of our new man, who has hurt his finger"—I then handed him the keys of the outer and inner warehouse and went to bed again—I was next aroused by a violent ringing at the bell and I went down and let Mr. Buttefant in; he made some communication to me—after that my attention was directed to a four-wheeled van and horse drawn up in front of the stable door; I saw Nicholls there—Pateman was in the loft throwing stuff down into the van, hay and clover—I walked alongside the van, and Nicholls said "Good morning, sir" or something of that kind—I looked at the van, it appeared to be full of this mixture of hay and clover—I then went and finished dressing and came down again—the van was still standing there—it was afterwards moved towards the yard gate—Buttefant said "You will have to take the stuff out—it was then backed to its former position, and they commenced taking it
out—then the men came at 6 o'clock and I went upstairs again—I did not see the van go away.
Cross-examined by MR. BESLEY. I and the other clerks take charge of the keys in turn, once a month—a good many horses are kept there—the vans belonging to the firm only take out spirits.
JOSEPH STEVENS . I am cordial maker at Messrs. Nicholson's—it is my duty to lock up the foreign warehouse at night—I did so on Friday night, 5th November, and hung up the key in the cordial room on a button behind the door—I then closed the door; it closes with a spring lock—I kept the key in my pocket, it remained in my possession till the Saturday morning, when I opened the door with it for Mr. Buttefant—I found the key of the foreign warehouse where I had left it the night before—I remember the key of the cordial room being lost when the old counting-house was pulled down, and it could not be found.
JOHN EDWARD MEEK . I am a member of the firm of Nicholson & Co., distillers—Sandford has been eleven years in the employ and his father who goes by the name of Tom White, has been there forty years; Pateman and Smith about two years—at the time in question Matthews was employed as a stoker, and Finch also; they worked under the head still-man, who had charge of that department—the regular time for Pateman, Sandford, and Smith coming to the premises was 6 o'clock—Matthews and Finch would—come at 4 o'clock to lay and light the fires and oil the engine to get up steam—Matthews entered the service about the beginning of October—until this matter was discovered I knew nothing of Nicholls or Gorringe—I had never authorised them to take away any material from the stables—White had no authority to let them do so—I do not consider that there is any stable refuse—a man named Wagstaff is employed to take away the manure—I was not aware until this inquiry that sweepings were being taken away from the loft by Nicholls or Gorringe.
Cross-examined by MR. COOPER. White was the head stableman; we placed great confidence in him—I never heard that it was desirable that the refuse should be taken away before the Excise came and the other business commenced—I have heard since that it has been done for the last eighteen. months.
Cross-examined by MR. WILLIAMS. I attend myself to the business—I am a member of the bar—if Matthews had hurt his finger the men would be at liberty to arrange amongst themselves who should do his work, there would be no objection to Sandford doing it.
Cross-examined by MR. BESLET. I do not live on the premises; I live in London—it is often 11 o'clock before I get to the place of business—I am never there at 4 o'clock; I have been at 6 o'clock; not in November—there is refuse stuff, which is swept up and thrown on the dung-heap—I have had some talk with White since this matter; he is still in our employment; he is here—Pedder is also a servant of ours—we have made no charge against him—I have not heard that Wagstaf refused to take away the dust; he is not here, or any one from him.
WALTER MATTHEWS . I am a stoker in Messrs. Nicholson's employ—I entered the service nine weeks ago—I hurt my hand on the evening of 5th November; it pained me considerably—Sandford was there and saw it dressed—no arrangement was made between us for him to come next morning for me—I went on the Saturday morning at 3.50, and was let-in by Sandford—I went to the engine-house and then to the boiler-house—we
sat there talking for some time—he asked me how my finger was—he did some of my work for me—I laid three of the fires, and he laid one, that took about ten minutes—Finch came at 4.35, before the fires were lighte l—I lighted one and I believe Finch lighted the others—that took us about five minutes—about 5.15 I heard the bell ring, and I went up and saw a van in the yard—I then came down again to my work.
Cross-examined by MR. WILLIAMS. I understood that Headington, the still-man, had arranged with Saudford to do my work—I remained in the boilerroom with Sand ford about twenty minutes—I was bathing my finger and talking to him at the time—the yard bell then rang, and I went up and let Finch in, and he came down to the boiler room, and Sandford came about five minutes after—they then lighted the fires, and I went to oil the engine—Sandford had been assisting me in my duties, except when he went to let Finch in, and then he was only absent a few minutes—except for that time I never lost sight of him.
Cross-examined by MR. BESLEY. When I heard the bell ring I went to the steps of the door—I saw Mr. Buttefant there and another clerk—I spoke to Mr. Buttefant, and said "Did you hear some one ring the bell?" and he said "Yes, it is all right"—that was when the van came in—I did not see it come in; I saw it there and a man on it.
JAMES FINCH . I came to work on the morning of the 6th November, about 4.35—while I was waiting a policeman came up, and he and I were let in by Sandford; we went through the outer warehouse—I made the observation that the gas was not alight; Sandford replied "You need not trouble about it," as I was late—he had a lantern in his hand—I left him and the policeman together, and as I was going away Sandford said I need not light the fires, for he would be down in a few minutes—I then went down to where Matthews was, and Sandford came down in about ten minutes.
Cross-examined by MR. WILLIAMS. I am warehouseman now—it was mentioned to me by the second stillman, that I should get Sand-ford's place—I said before the Magistrate "It is not true as Mr. Buttefant has said that I got there about 4 o'clock in the morning"—Sandford remained in the boiler room, and never left for more than five minutes until breakfast time.
JOHN HEADINGTON . I am second stillman at Messrs. Nicholson's—I saw Sandford on Friday night the 5th November, and he asked me whether he had not better come for Matthews the next morning, on account of his hurting his finger, and I said he had better do so.
JOHN PEDDER . I live at 8, Hey wood Place—I have been in the employment of Messrs. Nicholsous for eleven years as warehouseman—I live near Sandford—on Saturday morning, the 6th November, I went to the Distillery about 3.50—I ran the bell—Sandford let mo in—we have a lamp—he said "You are early this morning"—I said 1 had got a little one ill at home, and I had come round for an hour out of the way—I went into the outer warehouse first and then into the inner warehouse—I there saw Smith—Sandford went to the still and shut the door after him—Smith was standing close to a cask, which he commenced rolling towards the whiskey vat—I said "Smith, what does this mean?"—he said "It is all right, come on"—he rolled the cask to No. 3 vat, placed the funnel in it, and I turned the tap of the vat, and the cask was almost filled—the bung was then put in, and it was rolled down to the yard door—both of us went over the sink in the
inner warehouse and had something to drink—we keep beer on the premises—we then went back to the top of the foreign warehouse stairs—there was a four gallon basket bottle standing on the top—Smith went downstairs first, with the light, and told me to bring the bottle—I did so—when I got to the bottom of the stairs the door of the foreign ware-house was open—I went in and filled the bottle with brandy and brought it upstairs—I did not hear anybody call out, "Below, all right"—we placed the bottle at the bottom of the stairs in the yard—Smith was behind with the lamp—he told me to take it down, and I brought it down one step at a time—I rolled it across the yard by Smith's directions, and it was put—on to the tail of the van, which was standing opposite the stable door—I did not sec the horse—I saw Gorringe standing against the van—I left the cask on the tail of the van—I did not see the bottle then—I then went up into the loft, seeing the light in the window and saw Pateman and Nicholls there—they were throwing down some rubbish in the direction of the van—I said to Pateman "Good morning, Jack"—he said to me "There's Mr. Buttifaut over the yard," and knowing I had no right there at that time, I ran downstairs and out into the cooperage—I saw nothing more of them until breakfast time—I then met Sandford in an arch that goes into Heywood's Place—he said to me "This is a bad job"—I said "Yes, it is a pity I was in the place at all."
Cross-examined by MR. COOPER. About twenty-three horses were kept at our place—they are hired; they do not stop there—our breakfast time is about 8 o'clock, or a little after.
Cross-examined by Mr. M. WILLIAMS. I live opposite Sandford—I heard someone knocking that morning—I could not say whether it was for him—I was up at that time—when Sandford let me in he passed straight through the warehouse into the still-room and shut the door—that was before any brandy was touched or any spirits moved.
Cross-examined by MR. SLEIGH. I saw Nicholls when I went up into the loft, not before.
Cross-examined by MR. BESLEY. I acted under Smith's directions—I cannot say how long he has been there—not so long as me—it was dark—I could not see the horse—I did not. see Gorringe at all, when I put the cask on the tail of the van—I saw him as I was going dowstairs.
Cross-examined by the prisoner Smith. I will be on my oath that I saw you in the warehouse when I went in, and you set to work and rolled the cask towards me—I asked you what you were doing, and you said it was all right.
SAMUEL HARRIS . I am a cooper's labourer in the employ of Messrs. Nicholson—it is my duty to look after the empty casks—there is a place where the large empty casks are kept—none under fifteen gallons are kept there—I found two ten gallon casks in that department—I do not exactly recollect the date—it was on a Monday—I communicated the fact the same day to Mr. Seal, my foreman—those casks had no right to be there.
JOHN SEAL . My attention was called by Harris to two ten gallon casks in the large cask department—one of them smelt of whiskey, and the other of gin—I don't know the date exactly, but it was on a Monday, a week after the prisoners were taken up.
prisoner Dobbs had been in the habit of using my house for a year, I should think, in the name of Norfolk—I remember his having a conversation with me in August last. (MR. BESLEY submitted that the evidence about to be given was not admissible as against Gorringe, the conspiracy charged being to steal certain specific articles on the 6th November. MR. STRAIGHT staled that the conspiracy was a general one to steal certain spirits, not upon any;—particular day. The COMMON SERJEANT held that whatever evidence was relevant to the question of conspiracy could not be excluded). Dobbs asked me if I could buy any spirits, he said "I can sell you rum, whiskey, and brandy at about 10s., 11s. or 12s. a gallon, and I can supply you with ten gallons of each"—he told me that it was stolen, that it came on the cross—putting his fingers in that way (describing)—when he left me I communicated with the inspector of the police—on the 6th October he came again with Gorringe and brought a small sample of the spirits—he introduced Gorringe as the man who would sell the spirits—I do not think he said who he was—I told him the sample was not large enough to test the quality of the spirit, I must have a larger quantity—he said "I have no large bottles, can you lend me some?" and I lent him two pint bottles—he came again the same day and brought the two pint bottles—a pint of rum was in one, and a pint of whiskey in the other—on the 7th Gorringe came again—I was sampling the stuff to tell the strength of it—he said "I see you are sampling the stuff"—I said "I have not done so, I will do so presently"—this was about 4 o'clock—about 6 o'clock he called again and asked me for the samples, and said he had sold the stuff—I said I thought he was in a hurry—he said "I cannot have the thing hanging about my place, if you want to buy, you must buy at once"—I then handed him back the two bottles and he left—I saw Dobbs on several occasions after that, nearly every day—I asked him how his friend was getting on with the spirits, he said there had been something wrong in the factory, they had been changing their stokers, but it was all right now; I asked him where it came from, he said from Messrs. Nicholson's in St. John Street—I said "How did you manage to get it out of the factory"—he said "There's a van goes in between 4 and 6 o'clock for the sweepings of the loft, and the stuff is put underneath"—on Thursday afternoon the 4th November, Gorringe called and asked if I could buy some brandy, I told him no, I was full up—I said if I did buy brandy I should not like Norfolk to know, as I thought he was a likely man to tell a tale—I communicated with Messrs. Nicholson as soon as I knew where the spirit came from—I sampled the spirit that was brought to me by Gorringe; it was about the usual quality—the rum was thirty three degrees over proof, and the whiskey nine—the rum would be worth about 18s. a gallon, and the whiskey 16s. or 16s. 6d. of that quality and strength.
Cross-examined by MR. BESLEY. The person who brought the samples came for the first time on the 6th October—that was the same day that I lent the two pint bottles—on the 7th the same person came again alone, and on the 4th November again alone—it was about 4 or 5 o'clock in the afternoon when I lent the pint bottles—there were very few persons in the bar at the time—I merely saw the two small bottles in Gorringe's hands, I did not touch them—I only saw the person I call Gorringe on three occasions—when I went to give my evidence at the police-court he was in the dock on the charge—Dobbs was not then in custody—I did not leave in bar to get the empty bottles, they were close at hand—it took a very short
time—the whole interview did not occupy five minutes—I was engaged in sampling when the man came again—he had a glass of ale or something and went away—he came back again and asked for the samples and went away again directly.
Prisoner Dobbs. I have used the house thirty years—I never brought a drop into it in my life. Witness. He never did; it was Gorringe who brought it.
JOHN ROWLAND JAMESON . I know Nicholls and Gorringe—Nicholls is a dairyman, and lives in Queen Street, Clerkenwell—Gorringe has a horse and a four-wheeled van, and does odd jobs for people—he lives in Thomas Street, Clerkenwell—about the end of September or the beginning of October, a communication was made to me by Mr. Bayes, and on the 8th November I took Sandford and Smith into custody at. Messrs. Nicholson's—I told him they would be charged with stealing spirits from their employers—Smith said "I know nothing about it"—Sandford said "I am not guilty. This is all through getting up early to oblige a mate who had smashed his finger."
Cross-examined by MR. BESLEY. Gorringe has been in the neighbourhood for some time and has borne an irreproachable character—I have made enquiry and find that to be so.
WILLIAM FREESTONE (Police Inspector G). I took Nicholls into custody—I told him he would be charged with stealing spirits from Messrs. Nicholson's—he said he knew nothing about it—I took Gorringe on the 11th and told him the charge—he said "I know nothing about it"—on the road to the station he said "It was my horse and van. I did not know there was anything wrong in it. It was very wrong of Nicholls to hire me if there was anything wrong. I have been there six or seven times and removed the rubbish, and previous to that a man named Haward did it."
THOMAS TEW (Detective Officer N). I took Pateman into custody on the 8th—I told him he was charged with stealing spirits from Messrs. Nicholson—he said "I know nothing about it"—I took Dobbs into custody and told him the charge—he said "I know nothing at all about it"—on the way to the station he said he knew that Nicbolls had business transactions with him and Harris.
MR. BAYES (re-examined). I picked out Gorringe at the police-court from a number of other persons in the yard—I do not know what day it was—it was the same day that I was examined—I did not see Gorringe—the first time—I saw Dobbs on the last occasion—I had been three times—upon the first occasion I saw four men, and Gorringe was not there; and then they showed me five men, four being the same I had seen before, and I picked out Gorringe—I had not seen him before except when at my premises.
Sandford, Nicholls, Gorringe, and Pateman received good characters.
PATEMAN and NICHOLLS— NOT GUILTY . SMITH, DOBBS, and GORRINGE— GUILTY .— Twelve Months' Imprisonment each.
NEW COURT.—Tuesday, December 14th, 1875.
72. MICHAEL LEADER (20), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Charles Hazier and stealing therein two jackets and sixty boots, his property, having been before convicted of felony.**— Seven Fears' Penal Servitude.
74. EDWARD HOWARD WARD RICHMOND** (50) [Pleaded guilty: see original trial document] , to embezzling 1l. 6s., 2l. 16s. 3d., and 2l. 16s., the monies of John Jameson, his master, after a previous conviction, when he was sentenced to eight years' penal servitude.**— Twelve Years' Penal Servitude.
SLOWGROVE PLEADED GUILTY .
MR. LILLET conducted the Prosecution; and MR. GRIFFITHS appeared for
ELIZABETH FINCH . I was housemaid to Mrs. Flynn, of 22, Suffolk Street, Pall Mall—the prisoner Slowgrove was cook in her employment and was about to leave on 27th November, according to notice—Mrs. Flynn searched her box in my presence, and everything in it belonged to Miss Flynn—a constable was sent for, but Slowgrove was not given in charge that night—after the constable left, on opening the box a second time, a silk dress of Mrs. Flynn's was found it—Jennings was a frequent visitor to Slowgrove, and on a subsequent day I saw a pencil taken out of Jennings' pocket, which was mine, and which I had missed when I went for my holiday in August, from a drawer in my bedroom.
Cross-examined. Slowgrove told me that she was about to be married t Jennings—she had three large boxes and two small ones, and when she left she took them away with her.
THOMAS PICKLES (Detective Officer G). On Monday morning, 30th November, I went with Odear to Mrs. Flynn's house about 12 o'clock, and from information I received from her I went to Queen Street, Oxford Street, where I found the prisoners in bed—I told Slowgrove I was going to take her in custody for stealing the property from Suffolk Street—she said that she knew all about it—Jennings went to the station with us—I searched the place and found thirty-eight composite candles, a lace fall, some dress trimmings, and other articles—on arriving at the station I told Jennings that I wanted him to go to Should ham Street with me—he did so, and pointed to No. 20, in the parlour of which house a box was handed to me containing the articles in this bag, four toilet covers, two chemises, a plated cream jug, six forks, two trays, four knives, a marrow spoon, a plated butter knife, a window blind, some snuffers, a salt spoon, and a knife sharpener—I left him there and he was afterwards taken in custody.
Cross-examined. Jennings' brother lodged in the house; it was he who gave me the box at the direction of Jennings himself—I believe the box was locked—I don't believe I opened it with a key, but the brother may hare opened it before it was brought to me—Slowgrove was not there, she might have given the key to Jennings in my presence; I will not swear she did not, because it was at the lodging if it was done at all—the landlady spoke to me about the box being removed, and I asked Jennings to show me where it had gone to, and he said that he would, but nothing was said about the key in my presence—I did not hear Jennings say to Slowgrove "Give me the key"—I found three large boxes at the lodging and two small ones—this was the second small one.
Re-examined. I received information from the landlady before the prisoners
said anything to me, and in consequence of that I spoke to Jennings—I only know from what Jennings said that his brother lodged there.
JAMES ODEAR (Detective Officer C). On 30th November I met Jennings in Shouldham Street, and told him I should take him for being concerned with Slowgrove in stealing articles from Suffolk Street, Pall Mall—he said "Very well, I thought it would come to that, the things were given me by Slowgrove to take away to my brother, because when the place was looked over I did not want them to be pulled about, as they were the property of my father"—I searched them at the station and found this pencil case, which is identified by Miss Finch—last Tuesday evening I went with Pickles to Queen Street and found this bag—there were some aprons and chemises in it.
JENNINGS— NOT GUILTY .
SLOWGROVE— Eighteen Months' Imprisonment.
MESSRS. M. WILLIAMS and J. P. GRAIN conducted the Prosecution.
ARTHUR COELE . I am one of the firm of Coleman & Cole, of 59, Mark Lane—the prisoner introduced himseif to me as agent for the Anti-Adulteration Society, and asked for a subscription—I gave him 10s. 6d. and he said that if I gave him 1l. 1s. I should be free for the analysis of any article of domestic consumption—he showed me a book with the names of some of my neighbours, and on 27th October he called again and I gave him 1l. 1s.—I know nothing about the society, but I turned it out in the "Directory," and found that there was such a place.
CHARLES SCAMMELL (City Policeman 727). On 29th November the prisoner was given into my custody—I told him he was charged with obtaining money by false pretences—he said "All right, constable, it is only a mistake, I am a bona-fide collector of the society; the office is 6, John. Street, Adelphi"—he also said that it was a mistake about their not sending a receipt for the money, that he lived at 16, Parsonage Walk, Newington Butts, and that 32, Hugh Street, Pimlico, was Mr. Payne's residence, where we should find him, as he was ill, and not at his office.
MR. PAYNE. I am secretary to the Anti-Adulteration Society, Limited—from 1871 to July, 1875, the offices were at John Street, Adelphi—they were subsequently removed to 28, Leicester Square—the prisoner collected from October, last year, to June this year—he then left of his own accord, as he found something which suited him better—he had no right from that time to collect any money for the Society—he visited me several times when I was confined to my bed, but he was not engaged by me—he never accounted to me for 1l. 1s. received from Mr. Cole—it was understood that he was to return about Christmas, and resume his services with me, and he did not deliver up his collecting books in June, and I applied for them several times, but could not obtain them, and I did not press the matter, as it was understood that he was going on again.
Cross-examined by the Prisoner. I always found you truthful and faithful—I incurred a debt to you of 40l.—that was a business transaction between
us, and an arrangement was made that a certain quantity of goods were to be sold for me, which I was to pay for by instalments of 2l. per week—I was ill in bed at the time, and they were to be put into a store room—I paid you the 2l. a week up to a certain time, but the goods were never delivered—I never told you that as I could not pay your debt you might collect subscriptions for me—I told you it could not be entertained at all—I never told you that you might collect money to pay yourself—I know that the name of Child & Co., the bankers, is on the list—I do not know that that money was kept by you—I do not remember receiving money from you from Friston & Co., of Austin Friars—I do not remember you receiving a subscription from Baring Brothers, and detaining part of it—I told you it could not be tolerated.
By THE COURT. He stuck to the guineas—the money was brought to me by my wife when I was ill in bed, with a little memorandum from the prisoner stating that he had kept 1l—I immediately sat up in bed and wrote a letter, telling him that it could not be tolerated, and that any private matter he had with me I would see him about.
By the Prisoner. I do not remember your receiving a subscription of 2l. 2s. from Angel Court—I have not got the book here—I never allowed you to stop any money—when you called on me I paid you—you did not call at my residence and give me the names of some subscriptions which you had received—you refused to call for some reason, and I was unable to get the book, but I did manage to get downstairs to see you, and you did say that you should receive some money.
By THE COURT. The association was formed in 1871, for the purchase of samples of food throughout London, to obtain analyses—the seven names on this paper (produced), constitute the association—Mr. Roberts resigned in 1872, and there is no other member in his place—the association being formed under a certain clause does not require capital or shares, because there is no profit, in fact I think it was not necessarily incorporated at all—we have obtained a very large amount of signatures to petitions to Parliament by way of amending the laws against adulteration—immediately after the passing of the Act of 1872 attempts were' made to proceed against parties who wilfully adulterate food—I made application to Mr. Lancaster, at Lambeth, and he decided that the association had no power to lay an information, and that the only party who could do so under the Act, as he read it, was the inspector of the district; therefore we immediately had a large number of analyses made, and sent them to the various inspectors of the districts, of persons who were in the habit of selling adulterated articles, and the officers appointed to do so have carried out the prosecutions—I am also an electric telegraph agent, for which I get 150l. a year—the directors do not get a farthing.
NOT GUILTY .
MR. ST. AUBYN conducted the Prosecution.
CHARLES MARTEN . I am a reporter of 14, Pembridge Square, Blackfriars Road—on 4th December about 12.40 am., I was at the corner of Baker's Row, where a policeman cautioned me to get as near to the edge of the pavement as I could, but seeing nobody I felt safe, but all at once I was pounced upon by four men; I was pinioned from behind and received a blow under my right ear, and a, blow on my lip, and my spectacles were knocked
off—I knocked one of the men down and called police—another man seized me by the back of my neck, and squeezed me, while another rifled my pockets—they tripped me up, turned my pockets inside out, and ran away—the prisoner was brought back by a policeman—he is one of the men to the best of my knowledge, but I cannot swear to him.
ALFRED DODMAN (Policeman H 265). On this night I saw the prisoner and two others running into Baker's Row very fast—the prisoner was the foremost; I tried to stop him and was knocked down—I got up and caught him without losing sight of him—he said "For God's sake don't stop me, I have not done anything, I am running to get home"—I took him back to the prosecutor who gave him in charge—he was not drunk, but when he got to Baker's Row he pretended to be so.
Prisoner. They never booked the charge till nest morning because I was drunk and spewing. Witness. You did vomit in the dock.
Prisoner's Defence. I was getting home the best way I could when the policeman laid hold of me and said that he believed I was one of the men.
He was further charged with a previous conviction at this court in December, 1871, to which he
Seven Tear's Penal Servitude, and 25 lashes with the cat.
MR. MEAD conducted the Prosecution; and MR. ST. AUBYN the Defence.
SARAH PHILPOT . I am the wife of John Philpot, of 1, Swan Court, Chancery Lane—on Sunday 7th November about 3 o'clock, I was outside my door and the prisoner caught me by the back of my head and pulled me down—she had a knife like this, and I felt it on my forehead, and when I was picked up I was senseless—I also had several cuts on my face, and on the side of my nose and one ear—I saw Ann and Sarah Talbot there.
Cross-examined. I also charged Ellen and John Murray—we were all brought up together, and we never had angry words at all—the two others were discharged—I had not been drinking.
ANN TALBOT . I live at 12, White's Alley, Chancery Lane—about 3 o'clock on this Sunday afternoon I saw the prisoner in a public-house—the prosecutrix was coming by, and the prisoner came out and caught hold of her by the hair, dragged her to the ground, and struck her with a knife on the forehead—she became senseless—I went for a constable.
SARAH TALBOT . I am the wife of the last witness—I was in Swan Court between 2 and 3 o'clock and saw Mrs. Philpot there—the prisoner dragged her to the ground by her hair and very much ill-used her, but I saw no knife—I saw her bleeding from a wound on her forehead.
GUILTY of unlawfully wounding— Eighteen Months' Imprisonment.
MR. FRITH conducted the Prosecution; and MR. J. P. GEAIN the Defence.
CHARLES WILLIAMS . I am a constable of the London Central Meat Market—on Saturday afternoon, 20th November, about 4.30, I saw the prisoner go away from a quarter of beef which lay on the pavement outside the market, and seeing it without any cloth on it, I went after him,
stopped him, and said "What are you going to do with that quarter of beef?"—he said "What quarter"—I said "The one you have just left"—he said "I know nothing of it"—I took him back and the man came And claimed it.
Cross-examined. On the following Monday morning I took Johnson in custody and charged him with stealing the beef, but I saw no one there but Smith. (The bill against Johnson had been ignored by the Grand Jury.)
Cross-examined. I was at the police court—there were two prisoners there; Smith and Johnson—I did not see Smith.
CHARLES WRIGHT . I live at 12, Sidney Street, Goswell Road—on Saturday afternoon, November 20, about 4.30, I saw two persons outside the meat market trying to lift a quarter of beef into a cab—the prisoner was one of them—they made two or three attempts, and then laid it on the ground and walked away, and the cabman drove away.
JOHN BRADCOTT . I am a salesman in the employ of Thomas Barber and another, 8, London Central Meat Market—we had a hind quarter of beef hanging outside on this Saturday afternoon—I had weighed it that morning and saw it safe shortly before 4 o'clock and missed it shortly after 4 o'clock—I had not sold it—I afterwards saw it lying on the stones outside the market—I had not authorized anybody to take it there.
Cross-examined. It would not require two men to take it there—a strong man could lift it into a cab.
JOSEPH WEBSTER . I am a cabman—on Saturday, November 20, I was called by two persons to the Meat Market—I should not know them now—they asked me to take a hind quarter of beef—I asked where it was going, and somebody answered" "Waterloo station"—I said "Not without a cloth round it! I-shall not take it, not for me," and I drove away.
HENRY JACOBS . I am in the employ of Brook Brothers, poulterers, of The Metropolitan Meat Market—on 20th November I saw two persons lifting a hind quarter of beef into a cab—the cabman said that he could not take it unless it was wrapped up in a cloth and he drove away and went on the rank again.
The Prisoner's Statement before the Magistrate. "I merely say I am not guilty of stealing the meat I was asked by a man to help him lift it in the cab."
NOT GUILTY .
MR. A. B. KELLY conducted the Prosecution.
HENRY JONES . I am a labourer living in the Waterloo Road—on Sunday morning, 21st November, after 12 o'clock, I was walking on Waterloo Bridge with a woman who lives with me, and who had lived with the prisoner—her sister and her sister's husband were also with me—the prisoner was standing on the bridge—he said "You see I am here"—I said "Yes"—he came to my side, and asked me if I was a man—I said "I am"—he said "I will let you know," and I was knocked down and fell sense-loss—there was nobody but him to knock me down—I had had some drink—I received a wound, and my head was plastered up.
I lived with the prisoner three years ago, and had two children by him, but I have had nothing to do with him for three years—on the morning of 21st November I was on the bridge with Jones, and heard the prisoner say to him "I am here"—he said "Yes, I see you are; what if you are here?"—the prisoner said that he would let him know—I asked my brother-in-law not to let them fight, and while I was doing so the prisoner ran at Jones, and I saw Jones fall, but I did not see any knife.
HENRY CUSHION . I am a painter—I had been drinking with the prisoner, and had parted with him a few minutes before this—he was not drunk—I saw him on the bridge, and heard him say to Jones "Do you call yourself a man?"—he said "Yes"—the prisoner said "You call yourself a man to keep another man's two children"—Jones said "Yes; I am acting the part of a man, which is more than you are."
JAMES CANTLEY . I was house-surgeon at Charing Cross Hospital—Jones was brought there on Tuesday morning, suffering from two wounds in his right temple close to each other; one was superficial and one deep—I think they were caused by an instrument, and not by falling on the coping stone—if he had fallen on a broken bottle it would have been a clean cut.
JOHN CANNON (Policeman G 78). I took the prisoner on Sunday rooming—before I spoke to him he said "I know what this is, the affair on. Waterloo Bridge, and the drunken fellow came in contact with the kerb, and cracked his cocoa nut. I did not stab him; I struck him and he fell"—I found no instrument on him.
Prisoner's Defence. I never used a knife, or. any instrument whatever. This is my first appearance in a Court of Justice, and I have no friends—I had no instrument in my possession.
NOT GUILTY .
MESSRS. STRAIGHT and HORACE AVORY conducted the Prosecution;
MR. SERJEANT SLEIGH and MR. MONTAGU WILLIAMS the Defence.
LADY CHURCHILL . I am the wife of Baron Churchill, and was staying in May at 32, Albermarle Street—on 10th May a large quantity of jewellery was stolen from me, and among other articles a valuable brooch; there was a coronet in diamonds at the top, and double C C underneath in gold—the coronet part of it was shown to me in November by Sergeant Butcher, and I can speak positively to it—a long pin had been added to it, and two gold scrolls—I made this sketch (produced)—it accurately represents my—brooch as it originally was—the bottom sketch is the back part of it.
Cross-examined by MR. SERJEANT SLEIGH. I have had it some years—I cannot tell you who made it, as it was given to me—the inverted "C's "were in gold work and red enamel—I wore it very often, just as it suited my fancy—no other portion of my jewellery has been recovered.
Re-examined. This (produced) is the case in. which the brooch originally was; the head of this pin fits the case.
EUPHEMIA DUNCAN . I am maid to Lady Churchill—I remember her going out on 10th May, about 8.20—I remained in her room till 9.30—I returned at 10 o'clock, and the dressing case was gone—I ran downstairs immediately, and when I came up again I looked for the watch, and that was gone—I recognise the coronet at the top of this pin; it was in the shape of a brooch before, and double "C's" came down under the diamonds; it had a brooch pin to it; I have seen it constantly; it was not kept in its case, but in a dressing case, of which I had the key.
AARON FIGATUEL . I am a jeweller, of 23, Princes Street, Leicester Square—in May and June I was carrying on business at 9a, Week Street, St. Martin's Lane—I had known the prisoner some time before that, I had been in the habit of making alterations in jewellery for him—I remember attaching a stem to a crown for him in May or June; the crown had nothing attached to it when he brought it; I put this pin to it—it was in my possession two or three days—I then gave it back to him and he paid me.
Cross-examined by MR. M. WILLIAMS. There were not two "C's" on it—it was to all appearance perfectly clean as if nothing had been cut away from it—he had been in the habit of coming to me to do work for him for thirteen or fourteen months previously.
CHARLES BUTCHER (Detective Officer C). On 30th October I saw the prisoner go into a public-house in the Haymarket wearing this pin—I went in and looked at it and waited till two officers in uniform came by—I then called him out and said "Bullock, I want you to go to the station with me"—he said "All right"—I took him there and said "You have a diamond pin in your scarf, where did you get it?"—he said "If that is what you want I can soon put that right, I bought it at Debenham and Storr's sale three years ago and have "been in the habit of wearing it ever since"—I said "I don't think you have, I have seen you a great many times, and I don't think I ever saw it before"—I said "I shall charge you with having it in your possession and not giving a satisfactory account of it"—he put his hand in his pocket and took out this pocket-book containing these nine rings and a small key of a black leather bag—he said that he had a lot of watches in the bag at 21, Church Street, Soho—I went there and found a black bag which this key opened, and it contained twenty six watches—I afterwards received this case from Lady Churchill—the prisoner was remanded from time to time till last month. when I went down to Lady Churchill in Oxfordshire and showed her the pin.
MR. SERJEANT SLEIGH contended that this was not a case of recent possession, and the onus was cast upon the Prosecution to show that the account the prisoner gave was untrue. THE COURT ruled that it was a matter for the consideration of the Jury.
Witnesses for the Defence.
ELLEN HISCOCK . I am the wife of George Hiscock, of 4, Gloucester Road, Kew—I have known the prisoner about four years—I saw him wearing a pin like this between two and three years ago—at that time my husband kept a wine-house at the corner of Rose Street, Long Acre—I remember his bringing it into the kitchen in his hand; he used to come there to have his dinner—we left there two years ago next January, and then went to live at Kew—I have seen him wearing it on several occasions since that—it had a small ticket on it when he brought it into the kitchen, and to the best of my belief this is the same; it had a stem like this, and these scrolls under it as it is now.
Cross-examined by MR. STRAIGHT. The prisoner lodged with us prior to January, 1874, when we left London, and it was prior to January, 1874, that I saw the pin complete as it is now, and I saw him wearing it—I said before the Magistrate "I believe the pin produced to be the pin."
JOHN KNOWLCS PULLEY . I am a jeweller and diamond setter of 19. Long Acre—I have know the prisoner five or six years—I have frequently met him at Debenham and Storr's and seen him buy jewellery, and I have done many jobs for him—it must be quite ten months ago since this
pin was repaired for him on my premises—the stem was broken off the back part of the pin and we had to solder it on again—this open gold work beneath the diamonds was there then, and it is in the same state now except that three or four little diamonds are out of it—I repaired it a second time about six months after that, as near as I can guess; the stem was then very much bent and partly torn away from the back—we then saw that three or four of the very smallest of diamonds were out and I dare say I could see that now—they were not replaced—they must be still out. (Examining it with a glass.) Two are out on one side of the fleur delys and three out on the other—these very small diamonds are only worth about a shilling a piece—I scarcely ever saw the prisoner without this pin in his scarf for from seven to nine months, or something like that—I first repaired it for him ten months before I saw it at the police-court, and I had seen him wearing it before I repaired it.
Cross-examined by MR. STRAIGHT. It was first brought to me ten or eleven months ago—it had then got two shoulders or scrolls below it, and it had got them just the same when I saw it the second time—the repairs only came to 6d. or 9d., and I should put that in my pocket and not enter it ray books—I have mended and bought jewelry of him and precious stones also to the value of 10s. or 12s., and I have set stones for him in diamond pins and rings, and pins. with pearls and turquoise and diamonds, and he has paid me.
Re-examined. I do a great many repairs for Debenham and Storr.
AARON FIGATUEL (re-examined). I got 7s.—for attaching this stem—I have said in answer to a question "There was no mark; there was nothing on the crown. It was perfectly clean, as if nothing had been cat away from it"—I made the scroll—I am sure of that and I added a new stem—there were no remains of an old stem; it was flat.
By MR. SERJEANT SLEIGH. I first saw it about May or June—I keep books, but I do not put down little things—as regards the date I speak' simply from memory and I think I have seen him with the article before, when he used to bring me articles to repair—I am sure I added that scroll in June this year—I supposed that it had been so before, and that he wanted it so again—he asked me to put two anchors to it—these scrolls are in the shape of anchors—the back was perfectly fiat and smooth.
NOT GUILTY .
OLD COURT.—Wednesday December 15th, 1875.
Before Mr. Justice Field.
82. In the case of JAMES MURPHY charged with feloniously wounding. the Jury, upon the evidence of Mr. John Rowland Gibson, surgeon of Newgate, found the prisoner of unsound mind and unfit to plead.— Ordered to be detained until Her Majesty's pleasure be known.
For other cases tried this day see Surrey cases.
NEW COURT.—Wednesday, December 10th, 1875.
Before Mr. Common Sergeant.
MR. H. AVORY conducted the Prosecution; and MR. STRAIGHT the Defence.
LUKE JEFFERY . I am a warrant officer of Marlborough Street police-office—I served a copy of this summons (produced) on Mrs. Jane Wilkinson—it was taken out by Annie Morton for using abusive language.
HENRY JOHN WILLIS . I am chief usher of Marlborough Street—I was present there on 21st October, when Mrs. Jane Wilkinson appeared to answer a complaint of Annie Morton for using abusive language towards her—the present defendant was called as a witness for Mrs. Wilkinson—I administered the oath to her and heard her give her evidence.
HENRY NAIRN . I am clerk at the Marlborough Street police-court—on 21st October I was present on the hearing of this summons and took notes, which I have here—Annie Dobson was called for the defence and swore that she lived at 42, South Bank and was servant to Mrs. Wilkinson; that on Thursday Mr. Sinclair came to supper at 9 o'clock and that Mrs. Wilkinson was not out that night, but dined at 7 o'clock and supped there and was there the whole evening—it was not stated at what time she went to bed, but she spoke to midnight, or nearly midnight—this was on the evening of the 14th.
Cross-examined. The Argyle Rooms are within the jurisdiction of the Marlborough Street police-court—I have been at that court over eight years and have heard of these little pleasantries between ladies at the Argyle before this—it is necessary that the abusive language should be used in a public thoroughfare—Miss Morton was called on the hearing and also Catherine Newroth and Ellen Sinclair—I recollect Miss Morton saying that she had complained to the manager of the Argyle Rooms of Mrs. Wilkinson's conduct to her, but I have not got it on my note—the manager was called on the hearing of the perjury charge, and I think he contradicted her; his evidence is in writing—a good many summonses are disposed of of an afterrnoon, and Mr. Knox does not waste time over them.
ANNIE MORTON . I live at 87, Winchester Street, Pimlico—Mrs. Newroth is my landlady—Mrs. Bransen also lived there on 14th October, but she does not now—Madame Giovanni also lives there, "we call her The, Senorina—I formerly lived with Mrs. Jane Wilkinson, at 42, South Bank, Regent's Park, and left, owing her some money, on the evening of 14th October—I dined at 6 o'clock with my landlady and her husband, and Mrs. Branson and her daughter, from Ireland, and Madame Giovanni, as it was Madame Giovanni's birthday—after dinner I went to the Argyle with my landlady, we got there at 10 o'clook—I saw Mrs. Wilkinson come into the rooms at 11 o'clock precisely, she wore a black silk dress and a black bonnet with a tiny red and white rose and two scarlet feathers hanging behind—I saw her again upstairs, and again about 12 o'clock, but I did not speak to her—it was a little after 11, or from that to 12 o'clock, when the lights were being put out that I came downstairs with my landlady—Madame Giovanni and Fanny Hamilton and another lady, a stranger to us, were there, and Mrs. Wilkinson made use of very bad language to me inside the rooms—we left, and she came out after us and insulted me in the road as I went along—I took no notice, but got into a cab and went home with the French lady and my landlady—I went to Marlborough Street police-court next morning and took out a summons, which was made returnable on the 21st, and on the 21st I attended at Marlborough Street and gave evidence, and my landlady also on my behalf—the defendant was called as a witness for the defence and swore that Mrs. Wilkinson was not there—I saw Mr. Rosenbaum, a hair dresser, outside the Argyle as I came out.
Cross-examined. I have been in London all the days of my life, and I am twenty-five next April—I lodged with Mrs. Wilkinson in April this year and had done so for about three months—I owed her 7. when I left, which I
agreed to pay her—she sued me in the County Court for 9l. instead of 7l.—I heard my solicitor put forward for the purposes of my defence that the articles supplied were for the purposes of prostitution, and that I was not bound to pay for them—the money has never been paid to Mrs. Wilkinson—I have met her several times since April at the Argyle Rooms and she has abused me in the rooms on several occasions and outside also, but I never answered her in my life—I never made a formal charge to the Magistrate till the 15th—I did not make a complaint to the officials on the night of the 14th when this took place—the disturbance was confined to myself and my friends, except that one of the officials of the Argyle was talking to Mrs.—Wilkinson, and pointed us out—that was Mr. Higgins (pointing to him)—I had last been at the Argyle on Tuesday evening, and this was Friday—I had been there frequently before, but they would not let me in on Tuesday, because I summoned Mr. Higgins to come and say that he was talking to Mrs. Wilkinson on that night; that was the Tuesday after this transaction I also went there on the Tuesday before and all the week—I had seen Mrs. Wilkinson there on other nights; she is there nearly every night, and she was there on the nights before the 14th when I say that this took place.
Re-examined. I summonsed her for my own protection, and I summonsed Mr. Higgins as a witness for me to say that he was talking to her that night, and he came; but in consequence of that, I and all my witnesses were refused admission on the Tuesday after.
CATHERINE NEWROTH . I live at 87, Winchester Street, Pimlico, and the last witness lives with me—Mrs. Bransen also lived with me on 14th October, and an Italian lady named the The Senorina, whose birthday was on 14th. October, and we all dined together, and after dinner we went to the Argyle Rooms—I saw Mrs. Wilkinson there—I had never seen her before; she wore a black dress, a darkish bonnet, and a red feather right across it—it was exactly 11 o'clock when my attention was called to her as she came. in—and I saw her up to the time of closing—she spoke to me in reference to Miss Morton and called her a b----y thief—when we left I saw her again outside with some elderly man and she used disgusting language—I went next day with Miss Morton to apply for a summons, and again on the 21st to support the summons—Mrs. Wilkinson put in an answer—she was the same person who I had seen at the Argyle Rooms.
Cross-examined. I have been at 87, Winchester Street, three years—I was at Townsend Road before that—there was a complaint against my house there by the parish authorities—there is nothing remarkable in a dark dress and a red feather in a hat, but if you see a person with it you know that they have got it on—if I saw any other woman with it I should know she had got it on, but Mrs. Wilkinson came up and talked to me—it is not usual for ladies at the Argyle to wear silk dresses and red bonnets—Miss Morton and I and The Senorina and Mrs. Bransen were always in the habit of dining together in my room; I provide them with board and they have their own apartments—they do not often go out of an evening, but occasionally—Miss Morton very seldom goes out—she has not been at the Argyle every evening, not lately; they would not let us in there—she was not there every evening before this Thursday evening, she was in very bad health, and besides she is under the protection of a gentleman—she had lived with me three months before this, and she went out perhaps three or four nights a week, or it may have been six nights; she has no latch key, we do not allow that, the bell is rung and I have to let them in—the only man in the house is my
husband, he comes in about 12.30 and goes out at 8 a.m.; he is a waiter.
GIOVANNI DRENICE . I live for the present at 87, Winchester Street, Pimlico—on 14th October I dined with my landlandy and the other lodgers—it was my birthday, by which I recollect it—after dinner we all went to the Argyle Booms—I never knew Mrs. Wilkinson or Mr. Sinclair till Mrs. Wilkinson was pointed out to me by Miss Morton—she had a red feather in her bonnet—I saw her again at 12 o'clock or 12.30, and I heard her use bad language to Miss Morton—we all left the Argyle together—I saw Mrs. Wilkinson outside, and she used the same bad language—I saw her at the police-court on the summons for perjury; she was the same person I had seen at the Argyle.
Cross-examined. I only went once before with Miss Morton to the Argyle and that is many months ago—I was then living in Cumberland Street, and not in the same house with her.
MARGARET BRANSEN . On 14th October I lived at 87, Winchester Street, and dined on that evening with my landlady and Miss Morton and The Senorina and afterwards we all went to the Argyle Rooms where we saw Mrs. Wilkinson about 11 o'clock—I knew her by sight—I saw her again just before the rooms closed and afterwards outside the rooms—I heard her make remarks of an abusive nature to Miss Morton—I also saw Mr. Francis Hambleton there.
FRANCIS HAMBLETON . I did live at 8, North Bank, Regent's Park—I know Mrs. Jane Wilkinson by sight, and once she spoke to me—on 14th October I saw her at the Argyle Booms and I also saw Mrs. Newroth and Miss Morton there.
WILLIAM ROSENBAUM . I am a hair dresser of 2, Swallow Street, Regent Street—I know Mrs. Wilkinson by sight—on Tuesday, 14th October, I was at the Argyle Rooms and saw Mrs. Wilkinson coming out with a gentleman on her arm when they closed—I am certain it was Mrs. Wilkinson.
Cross-examined. I was examined before the Magistrate, but I do not remember the date—I do not know whether it was November 4th—I was spoken to on the following day about giving evidence—Mrs. Martin and Mrs. Newroth came to me—I did not attend at the police-court on the hearing of the abusive language summons.
NOT GUILTY .
the same as in the last, and that, therefore, he would offer no evidence.
NOT GUILTY .
THIRD COURT.—Wednesday, December 15th, 1873.
MR. J. P. GRAIN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
No evidence being offered against James Bullock he was acquitted.
WILLIAM DAY . I live at 11, Belgrave Terrace, Uxbridge Road, Shepherd's Bush, and am a retired pawnbroker—I am still in the habit occasionally of dealing at Debenham and Storr's on the 27th October 1 had a large sale there—after it was over I went across the street—I got. into conversation with the prisoner—something teemed to come over my scarf and
I saw Judd running down the court near Debenham's—my breast pin was gone—its value was 7l. or 8l.—I am quite certain I had it in my scarf when the conversation commenced—I gave information to the police, and on the 17th November I went to the station and was shown eight or nine men, and I immediately put my hand upon Judd's shoulder as the person who took my pin—I have not the slightest doubt about the man at all—I have seen him several times at Debenham's.
Cross-examined. The court is under a house—it has a roof, I think—there were nine or ten persons, out of whom I identified Judd—they all had similar hats on—billycocks—I gave a pretty good description of him before he was taken into custody—I told the police that he had a moustache e—I swear that positively—I do not remember saying before the police Magistrate, "I am not positive I said he had a moustache"—I swear I did not say "I gave a description of him, stout and shorter than Bullock, with thick neck, no whiskers, and a heavy moustache"—I am no aware that I have spoken to Judd before—I think I said at the police-court I had spoken to him at the rooms—I said I was speaking to Judd about two minutes ago, but did not take much notice of him.
Re-examined. The description I gave first of all was "not quite so tall as Bullock and heavy moustache"—I did not say anything else about the hair—I have no doubt about the man.—
JOHN DOWDALL (Detective Officer). On the 17th November I saw Judd and some others in Goswell Road—I told him I was a police-officer and should take him into custody for stealing a diamond pin from. Mr. Day, a pawnbroker—he said "I know nothing about it"—I took him to Vine Street, where he was placed with eight or nine others—Mr. Day was seat for and picked him out—he touched Judd on the shoulder—I found upon him four or five watches, six studds, rings and several articles of jewelry, 4l. and some shillings in silver—about 4l. 8s. in all—The. other men resembled Judd as near as possible.
Cross-examined. I know nothing against him.
Witness for the defence.
JAMES BULLOCK (the prisoner). I remember the day in question, and seeing Mr. Day—I spoke to him about a stick—he came' across the road direct for the Sale Rooms—a man spoke to me, who was with a horse and cart, and said "There was a man standing on the kerb; He has run away with that man's watch"—Mr. Day said to me "Do you know that man?"—I said "I have seen him in Bassett's drinking"—he said "Will you come over to Mr. Wing, the auctioneer—I said "Certainly," and Mr. Wing asked me for my name and address which I gave him—I never saw Judd there at all—I saw him at 12.30 in the morning—he attends the sale room—from the time that Mr. Day came across from Debenham's to the corner of New Street, until the time he went away—I am certain I did not see Judd upon the spot.
Cross-examined. I saw Judd at the sale that day—I did dot go out with him—I did not see a handkerchief put over Mr. Day's face or anywhere—I did not see him talking to any one before he lost his pin—there was no one with him—I did not see him lose his pin—I did not see him run after any one—when he saw me he had lost his pin.,
Re-examined. it was at Mr. Day's request that I went to Mr. Wing, to
whom I gave ray name and address, that he might communicate with me because he thought I might know the man.
The Prisoner received a good character.
NOT GUILTY .
OLD COURT.—Thursday, December 16th, 1875.
For the case of Elizabeth and MARY HOWES, tried this day, see Surrey cases.
MR. LILLEY conducted the Prosecution; and MR. WARMER SLEIGH and MR. HORACE AVORY the Defence.
JOHN TARRANT FRY . On 9th August Joseph Pilgrim was received into Guy's Hospital, but I was not on duty—I first saw him about 20th August, and saw bruises on his legs which were wearing away, and swellings which were disappearing; they were chiefly in his right leg—it was difficult to tell in what state the bones were, as the swellings had not subsided; but I have examined them since, and found a great deal of thickening, and I believe his right leg to have been broken—he was six weeks in the hospital—the surgeon who received him is in the country; his term of office has expired—I sent the patient to the convalescent hospital, and I know that he went because his signature was given—he re-appeared a month afterwards—I examined him a few days since, and ha still walks somewhat lame—it will be three or four months from the injury before he walks well—a fall on the ground would not be likely to cause all the injuries I saw.
Cross-examined. The small bones might have been broken by a fall, and the other injuries done by external violence—the injuries were almost all over his right leg below his knee—I believe his leg was broken on account of the thickening of the bone, but I did not see him early enough to say that it was broken.
Re-examined. The bruises on his legs were attributable to violence from without—the breaking of the legs may have been due to violence or to a fall—I could not form a judgment, as his leg was so swollen, but it is my opinion that it was broken—I saw several bruises which were attributable to some blunt instrument, such as a stone or a stick.
By THE COURT. There was a thickening of the bone—I have known that to be produced by syphillis or other Causes, but I should say that it was due to a fracture.
JOSEPH PILGRIM . I am a carman, of Blackheath Hill—early on the morning of 8th August, about 12.15, I was with my wife, opposite Trinity Church, Blackheath Hill; she stopped to speak to a female friend—I moved about 8 yards away and waited for her, and three young gentlemen came up the hill, singing hymns—two constables, the prisoners, were following them pretty closely, and they were kicking one of them—I turned to my wife and said "Did you see that, mate?"—I had hardly got the words out of my mouth when Basket came up and said "Move on," pushing me
by the neck, and continually shoving me, and he knocked me down and kicked me; I fell five or six times—Thomas also followed me up close, constantly shoving me—I saw him kick me once, and I said "Will you allow me to go home?" but they kept shoving me the reverse way, though I told them I lived at the back of the church—when they got me into the dark they kicked me five or six times; I had several bruises—I used no abusive or improper language, I was doing nothing to cause a breach of the peace, I was standing by myself—I said "Now you have broken my leg "what do you mean to do?" and they walked away and left me lying on the ground—my wife said "Don't you think you have done enough to my husband?"—I was in such agony that I hardly knew where I was—assistance came to help me home—I went to the hospital on the following Monday, and remained there sis weeks; I then went home for a week, and was then sent to the Convalescent Home at Bognor for four weeks—I also had bruises about my body—after I had been home three weeks I made a complaint to the authorities.
Cross-examined. The assault took place I think quite half a mile from the police-station—I will not swear that it is more than 200 yards—I told the Magistrate at Greenwich that I never had any misunderstanding with the police before—I have been sentenced to two months' imprisonment for an assault upon my wife—I have not turned her out of the house at night—she has not been wandering about Blackheath when I have been at home—she has not been shut out; she has always had the house to walk into—I have not been at home in the middle of the night when she has been out—I recollect being at 1, King Street, Blackheath Hill, in. April, 1873—I saw two constables there, who insulted my wife—I don't know their names—there was no noise whatever—I saw those two men outside my own door, but I do not live in King Street—my wife's brother lives at 1, King Street—the police did not go into my brother-in-law's house, where my wife and I were on that night—Basket is not like one of the men; he was stouter built and had long whiskers and was fair—I was not there to hear what complaint my wife made to the police—I made none—I did not tell her not to take a summons out—she did not go through with it—I did not see her insulted—I was in my own house and do not know what she did—I saw the police in the street when. I went out—they told me to go home, and I did so—there was no disturbance at my brother-in-law's house; the poor woman was dying—I obeyed the police and went home, and in the meantime my wife had been insulted by the police and gone to the station—I could not walk home on the night I was assaulted; they partly carried me home—this was just after closing hour—the police stopped the singing—I did not say that they need not interfere, nor did I interfere—I did not tell the policeman that he was to mind his own business, nothing of the kind—I saw one of the prisoners in the act of kicking a young man—neither of the young men are here—I should like to find them—by kicking I mean lifting up his leg—it was also near 12 o'clock at night when my wife was insulted in 1873.
Re-examined. I was not known to the young men, nor they to me—no one was in my company but my wife, but several others were there—the three young men were singing hymns.
HARRIETT PILGRIM . On 8th August I was coming home from Mr. Wooder's, about 12.30, and stopped to speak to a female acquaintance on Blackheath Hill, while my husband stood a little distance off—three young
men came up the hill singing, and two policemen, the prisoners, followed them—my husband said to me "Did you say that, mate?" and immediately afterwards Basket took him by the neck and told him to move on—the push he received made him fall, and as he tried to get up the pushing continued and Basket kicked him several times and Thomas kicked him once—he called out that his leg was broken and I took Thomas by the shoulders and prevented him giving a second kick—he was pushed down four or five times—I asked Thomas if he had not done enough—the prisoners went away and I followed them for their numbers; Basket dared me to look him in the face and he placed his hand on his number—Thomas stood behind him all the time—I saw their faces; these are the men—I returned to my husband and I and a young man named Houghton assisted him home, and we had quite a job to get him upstairs; he went to the hospital on the Monday following, and I complained to the Magistrate on the same day, who told me to stop till my husband was better—my husband used no improper language to the police—they did not give him any chance to go on.
Cross-examined. They asked him to move on—I made a complaint against the police in 1873, and was referred to the Magistrate—my husband has been convicted of assaulting me once, the best of men may do that; he has only done it once to that degree—I have never had to stay out all night unless I was at work at a gentleman's house—my husband has never been so violent to me that I was obliged to leave the house; I may have been seen on Blackheath Hill at midnight if I have been to a party to wait—I was threatened to be locked up, but they did not do it—one of the men was bigger and older than either of these prisoners—I cannot recollect whether he was or was not either of those men; he was a big man—one was a fair man, with a fair beard and whiskers—my sister-in-law was dying at 1, King Street, in 1873, and there was a disturbance afterwards—I do not know that the two policemen I complained of came up to quell the disturbance—I was at the station-house—the two constables I charged were, I believe, on that beat—I was not outside the Horse and Groom on that night in 1873; it was close to the Horse and Groom—I believe the people were outside the Horse and Groom, where the singing was going on.
Q. And you who went to the police before did not go to make a complaint to the police about the policemen breaking your husband's leg? A. Yes I did, I made my complaint to the police on the Monday and waited till the Friday till they came to give me an answer—it was not three weeks after my husband went to the hospital that I instructed a solicitor to take proceedings—I had not the slightest idea that matters would be settled by the payment of money; I do not know that I never heard of such a thing, but we did not do it for that gain—I had not been at the Horse and Groom that night, I had been at my brother's, who is a widower, washing his children—the constable did not dare me to look at his number, but he dared me to look in his face—I did not think of looking on his helmet for his number.
Re-examined. His hand was then covering his number—I have never heard the statement I made in 1873 read since, and I am speaking from memory of what occurred more than two years ago.
HENRY HOUGHTOX . I am a greengrocer, of 2, Collins Street, Blackheath—on 8th August I saw Pilgrim and his wife on Blackheath Hill—they were strangers to me—I heard a disturbance, ran to hear the cause, and saw Pilgrim pushed down five or six times to my certain knowledge—I was going to interfere, but some one stood in front of me and I could not get there, but
directly I saw a chance I did interfere—I asked Basket why they were pushing the man about—he said that it was no business of mine—I told him he was exceeding his duty—he told me if I was not careful he would serve me the same—I saw him kicked, but cannot say which constable's foot it was that was raised to him—I assisted him home with difficulty—I did not hear him use any improper language, or see any improper conduct—when he was kicked he was in a position between sitting and lying.
Cross-examined. I have every reason to believe that it was Basket's foot that I saw up to kick him—I was rather excited—I should think there might have been eight or ten persons present—when the young men were coming up the hill I heard a voice say "Let the chaps alone"—this seemed to me to be an interference with the police, but I did not see it—I did not see whether the police were trying to stop the young men singing—I was in the Horse and Groom yard, but 1 had not been in the house—it was twenty-five minutes or half an hour from the beginning of it to my seeing the man home—I may have heard the police say "Move on," and I may not, but they did not give him a chance—I cannot say how near this was to the nearest police-station—I did not go to the station that night—it was very late, and I was just getting home—I did not see the man twist him-self from the police who were trying to get him along—I will not swear that he did not—the wife was there—she was not very noisy, but I believe she was very excited—I heard some persons singing, but I should not have thought that it was an annoyance to the neighbourhood—Pilgrim walked home, but the best part of his weight was upon me—I did not notice whether he put one foot before the. other.
Re-examined. His wife assisted me in getting him home.
WILLIAM EVANS . I am a labourer of 29, King Street, Blackheath—on the morning of 8th August, a little after 12 o'clock, I was by the Horse and Groom talking to Mr. Houghton; I heard a disturbance, went to see what it was, and saw Pilgrim and his wife having a little bit of a disturbance with the police—I saw the constables push him down violently two or three times, and the last time I saw the elder one make an attempt to kick at him I decidedly saw him raise his foot—I cannot say whether he did kick him, but the man immediately cried out that he was kicked and that his leg was broken—I saw him pushed down about four or five times.
Cross-examined. I have known Pilgrim seven or eight years—he used to live near me—Houghton is a friend of mine—I did not see the commencement of it—the people were cleared out of the Horse and Groom about 12.15—I heard no singing whatever, not a sentence—Houghton and I met before we got to the Horse and Groom and we stood talking—we got 200 yards before this happened, or perhaps not so far—no one said "Leave the chaps alone;" but Pilgrim's wife said "Let him alone"—the police may have told him to move on, but he was down on the ground when I came up—the shoving down was what I 'mean by the disturbance—I did not hear any language used in particular.
Re-examined. I heard no noise and nothing to justify what the police did—in fact they were pushing him the contrary way to his home. The prisoners received good characters from their Inspector. THOMAS— NOT GUILTY .
BASKET— GUILTY on the second count. Strongly recommended to mercy by the Jury— Eighteen Month' Imprisonment.
Before Mr. Justice Field.
87. JAMES BEACH (35) PLEADED GUILTY , to unlawfully assaulting Frederick Marshall, a police-constable, in the execution of his duty— Six Months' Imprisonment. He was also charged with feloniously setting fire to his dwelling-house, persons being therein, upon which charge he was acquitted.
MR. BESLEY conducted the Prosecution; and MR. MEAD the Defence.
HENRY SHERWOOD, JUNIOR . I live at 11, Lower Park Road, Peckham, in the parish of Camberwell, with my father, who is clerk to Mr. Joshua Williams, the Queen's Counsel—the house is one of a row—there are no cellars—there is a door in the centre and a sitting room on each side, the kitchen, offices behind, and four bedrooms above; one of them is a small room over the hall, and is occupied by the servant—the bedroom on the right is my father's and mother's, mine is on the left, and the room at the back of my father's is occupied by my sisters from Saturday to Monday—the prisoner was the only servant, she came the first week in August—on 30th October she was the only person in the house during the day, except my mother—no fires had been lighted in the upper rooms since last winter; there was one gas light in each bed room; the gas was not turned off at the meter at night, it was kept low; it was not turned on till we went to bed, and it was turned off in the morning when we got up; there was no leakage or any smell of gas—on Saturday morning, 30th October, I left home about 9 o'clock, my father and I usually leave together and return about 6 o'clock—my sister generally comes home between 4 and 5 o'clock on Saturday—When I came home on 30th I found the firemen there—communication was made to me, in consequence of which I went to my bedroom and found my cupboard had been burnt out; there was a row of shelves in it and a quantity of paper and bundles of unbound books belonging to my father were kept there—it was all right when I left in the morning—I found that the cupboard had been emptied of its contents, which were all burnt and blackened, the lower shelves were burnt nearly through and were black and charred; half their substance was gone, the upper shelves were not burnt quite so much, but they were all very much burnt, and also all round the cupboard, the wall, and ceiling—the fire had evidently commenced in the centre of the cupboard where the shelves were—the prisoner came up into the room with me and the firemen, and I said to her "Sarah, can you account for this in any way?"—she said "No, I know nothing about it"—I said "Somebody must have been here, a fire can't take place of itself," and I asked her when she was last at the cupboard—she said "I have not been there for a long time, I have no occasion to go there"—I said "Are you quite sure you have not been there to-day with a candle, or light of some kind"—she again said "No, I have not been there for a long while"—then she said "Do you know, Mr. Henry, that there is some gunpowder in that cupboard"—I said "No, I was not aware of it," but I went to the cupboard in her presence and found a small tin canister amongst some bags and other things containing about a small teaspoonful of powder; I did not open it, I merely shook it, it had a double stopper—it was not near the part of the cupboard that was burnt, it was on the floor—I said to the prisoner "Well, but this has got nothing to do with the fire, it has not been near it"—it had been there, I should think, five or
six years, I had quite forgotten it until she mentioned—that was all that passed then—I mentioned the matter afterwards in her presence, merely saying what an unaccountable thing it was, and so on—on Saturday morning, 20th November, I left home at my usual time, about 9 o'clock—there was no gas burning in my room at that time, nor any fire—my father left about the same time—before leaving I went into my mother's room, there was no fire or gas alight there—my mother was in bed—I returned home about 6 o'clock—my sisters and mother were at home—the prisoner was out—there was a fireman and a salvage man there—I found the place in great confusion—the upper rooms had been very much damaged by fire and the water had been all over the place—the upstairs rooms were all more or less burnt, except the servant's room, that was not injured—the greatest damage by fire was in my father's and mother's bedroom; that room was entirely burnt out, the ceiling was gone, and nothing but bare walls left—the rafters were most burnt on the left hand side of the room behind the door—there were a great number of pegs on the wall upon which dresses hung—they were all burnt, not a vestige was left; the room was entirely burnt out and gutted, only a few fragments of the bedstead and chairs were left; the only thing that was left at all entire was a chest of drawers, only the top portion of that was burnt away, and the two top drawers and the three lower drawers were scorched—there was a box under the bed, that was partly consumed—the other rooms were nearly blackened and scorched—there was a chest of drawers in my sister's room, they had not been touched by fire, not even smoked—my room was blacked and scorched—the servant's room was quit untouched, the staircase was very much burnt, the wall had to be pulled down—there were carpets in all the rooms, that in my mother's room was quite destroyed, the others were only damaged by smoke and heat—there there was oil cloth on the stairs, that was not burnt; the fire was kept principally above—we have settled with the insurance company for 125l. we claimed 135l., and the damage to the house was quite as much; we are only tenants—10l. was paid by the insurance company for the damage done on 30th October—the prisoner came in about half an hour after my return on 20th November with her father, she brought in a can of beer for the men; that must have been about 7 o'clock—the father said "I have come to see about this dreadful affair and to try and have it all cleared up"—I said "It is a dreadful affair and it is as extraordinary as it is dreadful, this is the second fire we have had here within three weeks"—then I said to the prisoner "Do you know anything about this, Sarah?"—she said "No, I know nothing at all about it"—I then said to the father "Mr. Howse, Sarah's conduct has been very unsatisfactory for some time past, she is very untruthful, we can never believe what she says"—I said she had borrowed money in our name—her father then asked me if we had paid her her wages regularly—I said "Yes"—he said "She has not brought any wages home since she has been with you, and she has told me that you have never yet paid her any"—he shen asked her "Have you got your clothes all right?"—she said "Yes"—he then asked to be allowed to go upstairs and look into her box—we went upstairs with him and the prisoner into her room—she had a box there, it was locked—the father said "Where's your key? unlock the box"—she said "I have lost the key"—he said "I will very soon open if, then" and he broke it open, or the salvage man did at his request, and there was nothing in it but a heap of rubbish, a few articles of dirty linen, dirty bits of clothing, but nothing wearable, no dresses or underlinen—the
father seemed greatly distressed, and asked the prisoner what she had done with the water-proof cloak he had given her, and that when she came to our house three months) ago he had given her a new outfit of clothes—he stopped in the house until about 11 o'clock—we remained up all night nearly, we could only lay down upon the sofa or chairs—about 3 o'clock in the morning my eldest sister called me into her room and in one of the top short drawers there was a small card box with some cotton wool in it—she called my attention to a heap of burnt paper in the centre of the drawer—the card box was burnt, and also the roof of the drawer very much scorched—that drawer fitted pretty closely—the burnt paper was on the top of the drawer—these are portions of it (produced) and these are two of the little boxes that were in the drawer—they contained gloves, handkerchiefs, and so on—the burnt paper was lying upon them quite at the top—the drawer was full—the prisoner was in her own room at this time—about 10 o'clock Inspector Edge came, and about 11 o'clock the prisoner was given into oustody for wilfully firing the house—I went to the station with her and saw certain pawn tickets produced by the female searcher.
Cross-examined. It was not our practice to turn off the gas at the metre in the morning; we turn it off at the taps in our respective rooms—I had not opened my cupboards for two days previous to the 30th October; it merely contained old books and papers, which remained there for many years—the cupboard is never locked; it was not part of the prisoner's duty to open it; it was merely fastened with a common button—the caniste containing the gunpowder had been there for many years, in fact I had forgotten it was there—it was mixed up with miscellaneous things—it did not lie exposed; I had to take out several things to get at it—I pulled them all out together on to the floor.
By THE JURY. The books and papers were not entirely burnt, only at the edges—they consisted chiefly of monthly periodicals tied up in bundles. Margaret Sherwood. I am the wife of Henry Sherwood—my son Henry is clerk to Mr. Fooks, Q.C.—my husband and son left home on the morning of the 30th October about 9 o'clock—I was left alone in the house that day with the prisoner—I usually dine about 1 o'clock—the house was in its usual state at that time to all appearance—I had not been upstairs since I came down about 10 o'clock—I usually lie on the sofa in the afternoon—it was the prisoner's duty to go up and attend to the rooms after the family had come down in the morning—she did so on the 30th October—it takes her nearly the whole morning—about 3 o'clock, whilst I was lying on the sofa in the sitting room my attention was aroused by a knocking at the door—I think I went and opened it—the prisoner was there and some woman—they had noticed smoke coming out of my son's room—a soldie came in and went upstairs, some water was got, and put out the fire in the cupboard—the prisoner went upstairs, and came down to me and said "Mr. Henry's room is on fire; "I went up directly—she had opened the door, and the flames were coming out—the books in the cupboard wer burning—I said to the prisoner I could not understand how it happened, and she made no reply—on Saturday the 20th November I left my bedroom a little before 10 o'clock in the morning—an old servant of mine named Sarah Mannning, came in about 10 o'clock or a little after, and I kept her to dinner that day—the prisoner was upstairs the whole morning; she came down to dinner, and then went up again—I had no occasion to go up to my bedroom; I remained in the kitchen—Manning left about two
o'clock—the prisoner was in and out of the kitchen during the time—she dined with us—Manning never left the kitchen while she was there; when she left she called to the prisoner "Good bye, Sarah," and the prisoner answered "Good bye, Sarah"—she was upstairs in her bedroom at that time—I closed the front door after Manning, and then no one was left in the house but me and the prisoner—I went in the sitting room as usual to lie down—I did not close the door; I never do; I left it open about a foot-and-a-half—I was aroused by two or three knocks at the door—I got up from the sofa and found that my door had been closed—I went into the passage and opened the door, and some persons said "Do you know your house is on fire"—they went upstairs and got buckets of water, and tried to put it out but could not—I did not go up myself; they would not let me—a fire engine afterwards came, and the fire was put out—after it was put out prisoner said she wanted to go home to get some clean clothes, but I said "No, certainly not; do your work, and when you have finished your work then you can go"—that was before my husband and son came home, between 4 and 5 o'clock in the afternoon, and my daughter had not arrived—the prisoner left the premises to get some beer for the fire brigade men who were there—the public-house is not ten minutes walk off—she was gone about a quarter of an hour, and she went a second time for more beer for the men; she then remained away two hours and a half—I was in the room during the conversation between the prisoner and her father and my son—the gas fittings were all new in August and September last; we had not had the slighoest escape of gas; we found the fittings ourselves—while I was away for my holiday the gas pipe was continued from the hall into the bedrooms—this Paisley shawl (produced) is mine; I kept it in the bottom drawer in my room, the lock of which was broken—I put it away the morning after my return in September, and never opened the drawer again—I wore the shawl a fortnight or three weeks after I returned from Sevenoaks—I do not remember seeing it between the first and the second fire—this night-dress and sheet are mine—I did not know that any of these things had been taken from my house and pawned before the second fire occurred.
HENRY SHERWOOD . I am clerk to Mr. Joshua Williams, Q.C.—on 30th October I left home about 9 o'clock a.m.—everything was then perfectly right—I returned between 5 and 6 o'clock and saw the cupboard burning—the prisoner said on my entering "You have just come in time, for Mr. Henry's room has been on fire"—on the occasion of the second fire I left my room very shortly after 8 o'clock and did not return to it again before the fire occurred—I think I may say certainly that I turned off the gas myself at the tap in my bed-room, it being my habit—the gas fittings did not require any repairs between the first and second fires—there had been no smell or anything to call attention to the gas—the fire had been extinguished before I got home on Saturday the 20th, but the firemen were there—it was not until the next morning, when the police came, that I gave the prisoner into custody—the police afterwards brought these curtains (produced) to me—I had such and I believe them to be mine.
Cross-examined. I had white curtains and linen blinds in my bed-room at the time of the fire.
and remained till Monday mornings—I returned home on Saturday, October 30th, and saw that there had been a fire in. the cupboard in my brother's room—I asked the prisoner if she had been upstairs or had any candle or matches there—she said—'No"—on Sunday, 14th November, about 3 o'clock, I said to the prisoner in her bed-room "I have missed a sheet from my drawer and a petticoat; also would you mind my looking in your box 1"—she said "I don't mind; but it is not likely I should go to your drawer and take your things out"—I always kept the drawer locked and took the keys with me—she said that she had lost the key of her box, and pretended to look for it—she said that she would go home and see if her mother had another key as she had sometimes another key which fitted her box—I told her she should not go home till she found the key; but she did not find it—I let her go home about 7 o'clock, and on her return she appeared very unhappy; but I said nothing till Monday morning, when I told her I should expect her to find the missing articles when I returned on Saturday night—she made no reply—I could not tell whether they were in her box—it being her holiday I asked her whether she would like to have her money, so as to give her an opportunity of redeeming them if they were pawned—she said "I should like to have it" and I gave her 5s., which was fourteen days' wages—she was paid monthly—this sheet and petticoat are what I missed from my drawers—I have seen in the hands of the police a key which opens all my drawers except the left hand one, which is my sister's drawer—I had my key in my possession all the time, and I am sure I always locked my drawers—I kept a kept a gold chain in the top small right hand drawer, in a card fancy box, not a jeweller's box—there was a cover to it, which I usually left on I saw the gold chain last a fortnight or three weeks before the second fire—there were several boxes in the same drawers with the gold chain—this square box was not marked with this burn at the time, and this other box was free from any mark of burning—I recognised some fragments of burnt paper in my drawer as part of an invoice which I had put in that drawer loose on the top of the boxes—several other memoranda were in the drawer, but there were no newspapers like these—I am positive that this paper was safe in the drawer and unburnt when I left the house on Monday before the second fire—I did not return between November 15th and 20th when I returned on the 20th at 4.30 the fire was extinguished, but the' brigade men were there and the room was full of steam—I examined the lower drawer in my mother's room and missed the Paisley shawl—the prisoner was then out, but on her coming back with her father I said "Have you seen my mother's Paisley shawl. Do you think it was hanging in the room?"—she said "No, I have not seen it since I helped mistress fold it up on the Monday after she had been at Mr. Charles's"—that is my married brother at Brixton—I believe that' was on 24th October—I told her father that I had missed the sheet and petticoat from my drawer and that she had lost the key of her box; he asked her where it was—she told him she had lost it, and he ordered her box to be forced open—on the Saturday afternoon after the fire I tried to open the top right hand drawer of the chest of drawers in my bed-room, but could not; the key would not turn, and early on Sunday morning, about 3 o'clock, I unlocked it with a key and missed the chain and the lid of the box, and on opening the drawer further I discovered the burnt paper—I called my sister and brother and then closed it—I did not move anything, and I believe I
locked it up again—this (produced) is the chain that was taken from the box—these two skirts are mine; one is black silk and the other blue serge—they were kept hanging on a peg in my mother's bedroom—I had worn the silk skirt on a Sunday about a fortnight before the fire, and as far as I know the others were there then; but I am not positive—on taking it off I replaced it on the peg—one is a short skirt and the other a long one—I did not miss the curtains till I saw them at the pawnbrokers; they were usually kept in a box under my mother's bed—the fellow curtains are in the house—at the time of the fire the box was removed to the wash-hand stand—it was not kept locked—I had not been to it for six weeks of two months—the last time I went to it the four curtains were all right.
SARAH MANNING . I was at one time servant to Mr. and Mrs. Sherwood—on Saturday, 10th November, between 10 and 11 o'clock a.m., I went to call on Mrs. Sherwood—I did not go into the upstairs rooms—I had my dinner in the kitchen with the girl—she was upstairs while I was there—I left at 2 o'clock and called up to her "Good bye, Sarah;" she said "Good bye, Sarah," and I said "Make haste and get on with your work or you will have them home"—the voice came from upstairs.
RICHARD PERCEVAL . I am attached to the Fire Brigade—on Saturday the 20th November, about 3.19, I was called to a fire at 11, Lower Park Road, Peckham, with the engine—the right hand room upstairs, as you look at the house, was in one mass of flames—I went up with a man with a hand pump and a bucket of water and extinguished the fire—the flames were right across the landing, making their way to the other bed-rooms—the door of the room where the fire was was not quite half open—the bed was behind the door facing the window—most of the fire was on the left side of the bed, and the ceiling there was burnt right through to the roof—there was only one gas fitting in the room—I did not turn off the gas—the pipe was doubled down nearly to the floor, but there was no smell of gas—it must have been turned off at the metre—the gas could not have caused the fire; it was not near the gas, and besides we should have smelt gas—there was a box under the bed, but we had to turn everything over to extinguish the fire; the bed and bedstead were burnt, every bit of them.
By THE COURT. I should say that the fire began under the bed on the left hand side—there was nothing to show how it begun—there were no ashes, and there was no fire alight on that side of the house, so that it could not have been caused by a chimney on fire.
ARTHUR GATES (Police Inspector P). On 20th November I got to these premises about 4 o'clock—the fire was nearly out then—I was there on following Sunday morning at 9 o'clock and had a conversation with Mr. Sherwood, junior, who called the prisoner into the dining-room—I said "What time were you last upstairs on Saturday?"—she said "I did not go up after 12.30"—I had Sarah Manning called in and "This female says you were upstairs when she left at 2 o'clock, and that you bade each other good bye;" she said "I had just brought down the last pail of slops"—I said "You have just said that you were not up there since 12 o'clock. How do you reconcile that?"—she made no reply, but said that she was leaving by the back door with the slops—she was not in custody at that time and no one had said anything about giving her in custody—I left her in the room and went upstairs with Miss Sherwood and Vining, and she was afterwards called up to Miss Sherwood's room and the drawer where the burnt paper was found was opened in her presence and shown to me after
she came up—I then took charge of the burnt paper; the smell of burning was still upon it—I said to her "Have you lost the key of your box?"—I she said "I have"—I left her in Vining's charge and went with Miss Sherwood into another room—she was afterwards given into my custody.
CHARLES VINING . (Detective Officer P). I was present at the conversation spoken of by Gates and also when the burnt paper was shown to him—I heard him say to the prisoner "Have you lost the key of your box 1l"—she said "I have"—the female searcher afterwards gave me this key (produced) and these nine duplicates—I went back to the house with the key and tried it to the drawer which the chain was taken from and where the burnt paper was found, and it fitted all the drawers except the left-hand top drawer.
ANN ALLEN . I am female searcher at Peckham Station—I searched the prisoner there on this Sunday morning and found on her a key, which I gave to the officer—I also gave him nine duplicates in a purse.
CHARLES BEWSEY . I am assistant to Mr. Balls, a pawnbroker of High Street, Peckham—this silk and this serge skirt were pledged there on the 18th November—my ticket is No. 318 for two skirts for 10s. 6d. in the name of Ann Smith—this other is the duplicate—I gave one ticket to the person pledging and keep the other—the one I keep is called the ticket and the one I give out the duplicate; this ticket with 1775 on it I gave to the person who pawned these curtains for 6s. in the name of Ann Smith—it corresponds with this duplicate—I do not know the prisoner.
Cross-examined. I know by the writing that I made the advance, but I cannot identify the person—I have seen the prisoner's mother, but I cannot say whether she is the person who pawned on either of those occasions, nor can I say that she is not.
JOHN STONE I am assistant to George Macklin, a pawnbroker, of 136 Commercial Road, Peckham—this duplicate, 1177, was issued by me—I have the corresponding ticket here and the articles mentioned, a sheet, a bed-gown, and a petticoat: they were pledged on 11th November for 3s. in the name of Mary Clifton—we also issued this duplicate, 48, for a silk skirt and a Paisley shawl—I produce the corresponding ticket; they were pledged on 15th November for 21s. in the name of Mary Clifton—we also issued this duplicate, 1525, for a gold chain, pledged on 15th November for 10s. in the name of Mary Clifton—I produce the corresponding ticket—I was present at all these pledgings; two of them were on the same day, but I cannot tell which was pledged first, as the numbers are not consecutive—I cannot say whether I took in all the goods; the tickets are all in my writing, but the governor sometimes takes in the things and I write the tickets—I remember the pledging of the shawl, and I believe it was by the prisoner's mother, it was not the prisoner—the tickets were delivered to the person pledging—I do not know who pledged the chain.
CHARLES VINING (re-examined). Five of these duplicates were among the nine delivered to me by the female searcher, and these are the other four—this one, 4, 395, with a pencil mark across it, was given me by the prisoner's father; it refers to a petticoat and shift—that is not the petticoat produced.
89. ELIZABETH MARY HOWES was again indicted with MARY ELIZA HOWES (43) , for stealing a shawl and other articles, the property of Henry Sherwood, and a gold chain, the property of Emma Sherwood.Second Count.—Charging MARY ELIZA HOWES with feloniously receiving the same.
ELIZABETH MARY HOWES PLEADED GUILTY .
MR. J. P. GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ROSALINO SHERWOOD . I live with my father—about the end of July the two prisoners came from a servants' registry office—the elder prisoner said "This is my daughter; she has never been out before; she is thoroughly used to her work, and can cook well, and is a good riser"—I engaged her at 2s. 6d. a week, and said to the mother "Has she been out before?"—she said "No, never," and that as she was an only child they were particular as to where she went, but thought she would be comfortable with us—she came on 5th August.
Cross-examined. I was not called before the Magistrate; there was no other servant in the house.
JOHN DAVIS BARFORD . I am a linendraper, of 171, Mare Street, Hackney—the younger prisoner entered my service on October 1st, and left on January 1st, 1875—I discharged her. (MR. WILLIAMS objected to the witness being ashed whether he discharged her for misconduct, as she was not now on her trial; there being no proof that the reason of her discharge was brought to her mother's knowledge. The Court considered that it was a fair inference that the mother knew the reason as they lived together.) I saw the mother on many occasions while the girl was in my service, and the father also—I had a communication with her father two days before she left, and also one day previous, and on the day of her discharge—the mother was present on two of those occasions; they both came to me, and I told the girl that I suspected the girl of dishonesty—on the Saturday my wife made a communication to the girl, and three or four hours afterwards the mother and the girl returned together with the missing article, which was my property, and. the mother stated that it had been pawned and the ticket lost, and that she had to go to Worship Street to make an affidavit, stating that the article in question was the article pawned.
Cross-examined. I was not called before the Magistrate—this is the first time I have been examined.
JOHN STONE . I have been assistant to Mr. Macklin for three years, and have known the elder prisoner over twelve months from this time as a customer pledging in the name of Mary Clifton, 92, Commercial Road, about once a fortnight—the pledges were very often redeemed—I produce ticket No. 48 for two skirts and a Paisley shawl, pledged for 1l. 1s. in the name of Mary Clifton, 92, Commercial Road, by the elder prisoner—I also produce ticket 1177, dated November 11th, for a sheet, bed-gown, and petticoat, in the name of Mary Clifton, 182, Commercial Road, but I cannot tell who pledged them; also ticket 1525, dated November 15th, for a gold chain, for 10s. in the name of Mary Clifton, 92, Commercial Road—I know the younger prisoner as pledging now and again, but do not recollect seeing her on either of those days.
By the Court. I do not remember who made those pledges No. 48 was pledged about 1 o'clock in the day; I do not remember when 1525 was pledge—I have a register of the numbers, but it is not here.
Cross-examined. The daughter used to come with her mother both to
pledge and to redeem; she had an opportunity of hearing the name her mother pawned in and she has pawned in that name.
CHARLES VINING (Detective Officer P). I took the elder prisoner on 23rd November at 92, Commercial Road—I told her I was very sorry to take in custody for being concerned with her daughter in stealing articles from her situation—she said "I know nothing at all about it"—I said the pawn-broker has told me you pledged some of the articles. The Paisley shawl and the silk skirt were pledged at Machlin's on the 15th, and from the description he has given of you I believe it was you who pledged them," and I said to Stone, who was with me, "Is it her that pledged them?"—he said "Yes"—she said "I pledged a Paisley shawl, but it was my own" her husband said "Well, you will have to go with them; you had better put your waterproof on"—she went from the front room to the bed room at the back, taking a light, and I saw a Paisley shawl hanging on the foot of the bed—I said "Why there is a Paisley shawl there"—she made no answer—on the road to the station she said "The pawnbroker must be mistaken, as he would not know the difference between me and my daughter."
Cross-examined. I did not take down what was said—I repeat it from memory—I do not know that the shawl on the bed was her own; but it was not the prosecutrix's.
EMMA SHERWOOD (re-examined). I went home on the Saturday evening and left on the Monday morning—I was at home on Saturday, Sunday and Monday, November 13th, 14th, and 15th—I missed something on the Sunday and spoke to the younger prisoner about it, after which and on the same Sunday she went home.
ELIZA LAWES . I live at 12, Park Road, the next house to Mr. Sherwood—on Saturday before the last fire, as near as I can tell, between 3 and 4 p.m., I was in my front garden and saw the two prisoners just outside Mr. Sherwood's front door talking very earnestly, and I saw the younger prisoner pass some silver to her mother, who said "Well, you will come down to-morrow and bring some more"—I went indoors and heard no more.
Cross-examined. I was not called before the Magistrate—whether this conversation referred to her washing or her clothes I cannot tell.
HENRY SHERWOOD . I was present when the younger prisoner's box was opened—it contained nothing but rubbish, no articles of entire dress—it principally consisted of pieces of dirty linen and a great many rags.
Cross-examined. There was no entire clothing, only portions of articles.
MRS. SHERWOOD (examined by the Court). I do not remember whether the younger prisoner was in the house all day on the Thursday or Friday before November 30th, or whether she had an opportunity of going home—she would be sure to have to go out for some purpose or other—she used to fetch the beer in the middle of the day—I should think it would not take her more than half an hour to go to her mother's and back.
Mary Eliza Howes received a good character.
Recommended to mercy by the Jury— Seven Years' Penal Servitude each.
MR. POLAND conducted the Prosecution.
ANNIE DUKE . I am barmaid at the Winchester Music Hall, Suffolk Street, Borough—I was there on the 3rd December, when the prisoner and Hird were there—I received two bad shillings from them in payment for some beer and gin.
WILLIAM LANE (Policeman MR 26). I took the prisoner into custody on the night of the 3rd December, about 50 yards from the Winchester Music Hall—he said "I suppose I can square you for this, a couple of bob will do for you"—I produce one bad shilling received from Miss Duke.
The Prisoner also PLEADED GUILTY to a previous conviction for a like offence.— Five Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
Cross-examined by the Prisoner. I suppose there were five or six of your own class in the house—I did not know the money was bad at the time I took it—I will swear to you two who passed the bad coin.
STUART RAMSEY (Policeman M 167). I took the prisoner into custody—I found upon him seven sixpences and 3s. 6d. in bronze—he said "You will find no bad money on me"—I produce the bad 1s. Miss Duke gave me.
Prisoner's Defence. "I had been out selling herrings and had docks, and that is how I came by my money. I never had a bad shilling about me. I get my living by coster mongering, and that is how I had so many half-pennies."
He also PLEADED GUILTY to a previous conviction— Two Years' Imprisonment
ADJOURNED TO MONDAY, JANUARY 10TH, 1875.