CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 28TH, 1876.
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, February 28th, 1876, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON , M.P., LORD MAYOR of the City of London; The Hon. Sir ANTHONY CLEASBY , Knt., one of the Barons of Her Majesty's Court of Exchequer; The Hon. Sir WILLIAM ROBERT GROVE , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sib Thomas Gabriel, Bart., WILLIAM FERNELEY ALLEN, Esq., SIR THOMAS DAKIN , Knt., JOHN WHITTAKER ELLIS, Esq., and George SWAN NOTTAGE , 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.
EDGAR BREFFIT, Esq.
HENRY HOMEWOOD CRAWFORD, Esq.
CENTRAL CRIMINAL COURT.
COTTON, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, February 28th, and Tuesday 29th, 1876.
Before Mr. Common Serjeant.
197. SAMUEL CHARLES PHILLIPS' (29) and ISAAC COHEN (20), were indicted for unlawfully conspiring to obtain from Matthew Vehovar, a quantity of china, of the value of 5,000l. Other Counts—varying the form of charge.
MR. POPE, Q.C., with MR. BESLEY conducted the Prosecution; MR. SERJEANT
BALLANTINE appeared for Phillips, and MR. MONTAGU WILLIAMS with
MR. STRAIGHT for Cohen.
MATTHEW VEHOVAR . (The, evidence of this witness was given partly in English, and partly in French, interpreted). I am an Austrian, I have been residing at the Belle Vue Hotel, Norfolk Street, Strand—I was a professor of literature at Vienna—I came to England, about 17th March, 1874——I brought with me 105 pieces of Sevres china, a complete dessert service, the property of Prince Repnine, a Russian nobleman—I was employed to sell the service, the price was fixed at Vienna, at 12,000l., and coming here at 15,000l. in English money—I was promised a commission by the prince, his word was sufficient for me; I had authority in writing to sell—the agreement with the prince was in conversation, and in a letter; it was spoken about generally, he promised me a remuneration—in August, last year, I was still in possession of the Sevres service, and with the exception of some few pieces I had the service at the hotel in Norfolk Street, where I was residing—the defendant came to me there—I had never seen him before; he came alone, without any introduction—he sent in his card by a waiter, and on going into the drawing-room I found him there—he commenced speaking in English—I asked him if he spoke French—he said he was educated in France, and we then conversed in French, with several words in English—he asked me whether he could see that beautiful service of which he had heard so much—I said "With the greatest pleasure, wait a moment," because I was going to fetch the key, as I had the service in a small room, downstairs on the ground floor; I then showed him fourteen pieces which had been taken out as a sample, he examined them with great attention and with the appearance of a great connoisseur—he asked me the price of the whole collection—I said the lowest price would be 8,500l."—he asked
me whether the collection could be divided—I said that could be done, into two groups, viz., one group for twelve persons, and the other for ten persons, the first consisting of fifty-five pieces, and the second of forty-nine pieces, and in this way one of the plates would remain over—the price I fixed for the first group was 5,000l., and for the second 4,500l.—he was looking at the pictures which were in my room, and he particularly looked at one of Nicolas Poussin, and he told me that he also had a Poussin in his possession, together with other old pictures, and he begged me to call upon him in the afternoon at 4 o'clock—he said that one of his friends, a lord, had already offered him 2,000l. for that picture, but that he had asked 3,000l. for it, and therefore he could not give it to him for 2,000l.—I believed him to be really the son of a lord, in consequence of his way of talking, at all events that he was a distinguished person—I went to the Albany next day, but I made a mistake and went to the wrong door; I left my card—after that I had quite forgotten him, but about three weeks after he came to the hotel again and left a card; I was not at home, and he wrote for me to come to him to-morrow—I wrote to him saying I would come at 10 o'clock the following day—I then went to the rooms, I 3, on that occasion the servant I think opened the door—I do not remember if Phillips or the servant did, but the servant opened it most often when I went there, by the servant I mean, Cohen—I saw Phillips there that morning; I don't remember the date exactly, it was between the 15th and the 20th, it was about the 15th; he received me in a large room furnished with simple elegance—there were several large pictures in it hanging on the walls—our conversation was principally in French, but also several phrases in English; after a little conversation he took me into another room, and showed me the Poussin which was hanging over his bed—he then said "I wish first of all to buy the smaller group containing forty-nine pieces for 4,500?. in this manner; I shall give you first of all the Poussin picture, and I will bring to you the lord on the day following, who no doubt will buy it for 2,000?., and on that occasion you can sell your own Poussin as well, because the lord is an amateur, and a very passionate or very great admirer of pictures by Poussin, and as to the remaining 2,500?. I shall in the mean while cede or transfer, or give to you as guarantee five other ancient pictures," without selling them, only as guarantee—he said, "When I have the smaller group in my possession I shall obtain a loan from my father of 5,000?. to 6,000?.; my father is a man of fortune and lives at the present moment at Ryde, with his family because he has the intention to go on a long tour in the Mediterranean, and has a yacht, because he is a member, of the yacht club, and the owner of one yacht," and when once he had obtained this loan he would pay me 4,000?. in cash which would make with the price for the Poussin 6,000l. for me, and as to the rest 2,500?. he should beg me to give him credit till the end of January or the commencement of February, leaving to me as a guarantee, the five other pictures—he said "To have still a larger security or guarantee you will do me the pleasure of residing at my apartments during my absence, instead of living at the hotel, and then you can make use of my servant and housekeeper"—I told him I should consider all this—he mentioned the names of the artists who had painted the pictures that were to be left as a guarantee, and the names were on the frames—he said those pictures had cost him 10,000l., and that he would never sell them, except the Poussin—on 22nd September, I went again to the Albany and saw Phillips, but we
were together twice or three times previously, he called on me and I had been to the Albany—on the several occasions of my going there I saw Cohen, whether he was there on all occasions I can't say, but I have seen him often there—on 22nd I went to see Phillips at 10 o'clock in the morning—he then told me that his mother and sisters were coming to town from Ryde, to make purchases for the long tour, and he had also heard from the lord who was to come either that evening or the next morning, and there-fore this would be the best opportunity to give him the smaller group to show to his mother and sisters; I said why should they not come to my place, to which he replied that they had so much to do that they could only come for a few minutes or a little while to London before returning to Ryde—I told him I should bring him the smaller group; he begged me not to come before 4 o'clock—I went to the Albany after 4 o'clock, and took the box with forty-four pieces—I had prepared two agreements in French; this (produced) is one of them, but it had not been finished at that time because I did not know the names of all the pictures, and the names that are in blue ink here were written at the Albany; I mean the description of the subjects of the pictures and the names of the artists—Phillips told me those; he dic-tated them to me, and I wrote it in his presence—I then gave it to him to copy and sign—he read it in my presence and commenced copying it. (This was translated as follows: "London, 22nd Sept., 1875. I. 3, Albany Street, Piccadilly. I, the undersigned, declare of having received of Mr. Matthew Yehovar, of 21, Norfolk Street, Strand, the following pieces of ancient Sevres dessert service, paste tendre, turquoise, forming the first group, forty-four pieces. I declare at the same time to have given to him in gua-rantee till the payment of the sum of 4,500l. sterling, the price of this first group, the following pictures belonging to me: 1, the Bacchante of Nicolas Poussin; 2, the Amphion, Salvator Rosa; 3, the Triumph of Galatea, by Annibal Carracchi; 4, the Procession of Cupids, by Andrea del Sarto; 5, Sleeping Figure, by Perugini; 6, Queen Elizabeth Naming her Successor, by Smirke.") I also wrote this paper in blue ink there—I showed it to Phillips. (Read: "London, 22nd Sept., 1875. I 3, Albany, Piccadilly. I, the undersigned, declare that I have bought from Mr. Vehovar, of 21, Norfolk Street, Strand, a quantity of old Sevres dessert service of 1766 and 1767, paste tendre, turquoise, birds and flowers painted by (enumerating names), consisting of 104 pieces, belonging to his Highness the Prince Nicolas de Kieff of Russia, for the sum of 8,500l., and oblige myself to pay him this sum of 8,500l., at the handing over of the collection, in cask" Phillips said that all these contracts were useless and were too long, as it was only a question of a few days, when he would be in a position to purchase the whole collection; then he said "I shall do that much shorter," and then he sat down to write this receipt, which' I signed—the paper was on the table; there was other similar paper there—I myself copied it on another sheet of similar paper—it has a coat-of-arms and a motto on it. (Read: "I 3, Albany, Piccadilly. Received of Professor Vehovar, the accredited agent of the Prince Repnine, of Kieff, Russia, the owner of the said dessert service, forty-nine pieces (five pieces short) Sevres china, in exchange for six old paintings, my property, namely and ascribed to (naming the artists). And I hereby declare to buy the remaining portion of the Sevres service. Signed, Samuel C. Phillips.") He had written out a receipt also for me, which I copied and signed—I gave Phillips a receipt for the six pictures, which were described to me as a guarantee—I have not seen the
paper since—this is it. (Read:" 22nd Sept. 21, Norfolk Street, Strand. Received from Mr. Samuel C. Phillips the following pictures in exchange for a dessert service belonging to Prince Repnine (naming them). Signed, Matthew Vehovar, accredited agent of the Prince Repnine.") When 1 brought the bos there I immediately took the pieces out and put them on a sideboard—Cohen was not in the room at the time; he brought the box into the room—I don't remember whether he was in the room when the china was placed out on the sideboard, I paid no attention to him—this paper (produced) was written by Phillips, and I copied it—he asked me to keep the service till he had received the necessary money from his father—I said "You ought to undertake to purchase it," and on that Phillips wrote and signed this paper. (Read: "London, 22nd Sept., 1875. 21, Norfolk Street, Strand. Dear Sir,—It is at all times understood between us that the remaining portion of the dessert set of the old Sevres china is at your disposal. Matthew Vehovar, accredited agent of his Serene Highness Prince Repnine.") Phillips then said "Now, as I have the smaller group, I can now have the loan from my father, and I shall bring the lord to you tomorrow to buy the Poussin, and I hope in four or five days we shall have concluded the whole affair"—I was then going away, and he asked me whether I could not take the Poussin with me—I was a little surprised to see that the picture had been taken down already when I entered there—I said the picture was too large, and it was already very late, and I preferred to call to-morrow morning at 9 o'clock to take the picture, because he could not come with the lord before 12 o'clock at noon—there never was a question about taking the other pictures with me; nothing was said about that—it had been arranged that the lord was to pay me 2,000l. next day for the Poussin—as to the word "exchange" in that paper I have to observe that I always spoke of a provisional exchange, as I had written in my first contract and guarantee till he should have paid me—now, I well understand the word "exchange," but at that time, in the great haste in which he made me sign, I did not observe that the word "provisional" had been omitted; it never was my intention to exchange the service against the pictures—I had been authorised to give credit for one-third of the sum by selling the service against security; that was verbally—I left the box and the forty-four pieces at the Albany in the possession of Phillips—it was a wooden box covered with leather, made expressly for the china—Cohen and the workmen helped to carry the box from the cab to Phillips' rooms—after my return to the hotel, and after dinner, a waiter called me out, and to my great surprise I saw four men with a cart, and the pictures outside—Cohen was there—I spoke to him in English—I asked him "For what reason have you brought all these pictures here?——he said "When you left Mr. Phillips, the lord arrived, and he thought it was the best to send you immediately the pictures, because he will call to-morrow between 11 and 12 o'clock with the lord"—I had only a small room for the china and for the other pictures, and I could not put all the pictures in that room—I was angry at receiving the pictures; I had not desired it, and it never was arranged between me and Phillips—Cohen left the pictures with me—I went to the Albany next day before 9 o'clock; I rang the bell many times, and nobody opened the door; I could not get in; the old housekeeper came and said that Phillips was out of town—I gave orders to the housekeeper to send Cohen immediately he returned—I saw Cohen that evening—Phillip did not come with any nobleman that morning—when Cohen came I
said "How is it that your master has gone away"—he said "I do not know at all"—I said "You, as his servant, do not know anything about it?"—he said "I have passed the night at the house of one of my relations, who had some fete or party"—I said "No doubt you will get a letter from Mr. Phillips explanatory of his sudden departure, please bring it to me"—he came next evening without any news; he said he had received no letter—the next day was Sunday—he did not return any more, but on the Monday he brought be a letter, without giving it to me; he read it to me that Mr. Phillips was at a hunting party at Beckenham, and that he charged him (Cohen) to tell me that he would be back by Tuesday or Wednesday—after that I never saw Phillips or Cohen again until they were in custody—on the Tuesday night I went to the Albany, and every day two or three times, but found nobody but the housekeeper—I also addressed a letter to Phillips, but got reply—after the prisoners were before the Magistrate I saw in the possession, of the police the box in which. I had carried the forty-four pieces to the Albany—I have some pieces of the china here now (produced).
Cross-examined by MR. SERJEANT BALLANTINE. I am an Austrian by birth—I know what a bankrupt is; a bankruptcy is a failure—I was a bankrupt in 1864 at Vienna—I gave up all that I possessed—I had property in Styria, the fortune of my wife—I gave up all I possessed, about 27,000 florins to my creditors—Prince Repnine entrusted me with this china at the exhibition at Vienna; that was after my bankruptcy—I was employed at the exhibition, I was inspector of the pavilion of amateurs, where they exhibited works of ancient art and also modern—here is my document (producing a paper)—I had the surveillance of that pavilion, it was entrusted to me—this china was exhibited there and then I had to sell it for the prince—he gave me no written directions then, but when he came to Vienna an agreement was arranged between us, he gave me his authority, I had a letter of authorisation from the prince; it must be here, it was at the police-court—my duty was to sell the china—I brought it from Vienna to London in the same state in which I received it, 105 pieces—after a year I pledged several pieces—I did not pawn some of it within three months of my arrival in London, it was about a year—I cannot remember whether it was within six months—the first amount I raised was in October; I have given this explanation to Mr. Wontner—I spent the money for my own purposes and also in expenses for the service—I pawned two pieces in October to Mr. Young and some to Mr. Bierstoff—my intention was never dishonest—I pawned some of the china to Young in October, 1874, for 200l.—I spent that 200l. for myself and my 'expenses in England and for my children in Vienna—I redeemed those two pieces after two months—I pawned it afterwards at Mr. Bierstoff's for 400l.—I have thirty-seven pieces of the china now in my possession—I have entrusted it to the London Joint Stock Bank—the forty-four pieces are in this box, which was seized by Sergeant Reimers in Mr. Cook's office—the manager of the bank was so kind as to receive during many months the whole service in deposit—I gave it to him to take care of—I did not get any money from the bank for it—in April last year I went to Paris and took with me fourteen pieces—I pledged one piece there by an agent, it is at Paris now—when I have the liberty to go to Paris, for 60l. I can have it back again—I did not pawn it, it was a very bad action of the agent; he was not my agent—I did not myself pawn any in Paris; I gave a piece to a dealer in Pans and he gave me 500 francs, and I gave a receipt for it, that was to enable me to return to London—the prince has since taken out a
great many of the pieces that I pawned—I have none at all in my possession now—those I had in my possession I have deposited with the bank; that is one of the boxes containing those pieces which were pledged with Jacob-sun; that is in the hands of Mr. Robins, the other box which was seized by Renners is in Scotland Yard—eighteen or nineteen pieces were seized at Jacobson's on 28th August—I received 600l. for them, signing a letter for three months to the amount of 700l.—that sum was paid to Jacobson at the time when Mr. Robins and I took back the pieces—I did not pay anything to Jacobson out of my own pocket, the time for repayment had not expired; it has expired now, it expired in November—this is a business between myself and the prince—Magner has made nearly all these transactions him-self under a fictitious sale—I never in reality in writing sold any of the pieces to Magner—I gave a declaration that I could have it back again at the time fixed—I got 700l. for it—Mr. Robins has the writing—I have received 600l. and gave 700l.—Mr. Robins has obtained all these pieces back again—he paid the money I had obtained—I had 850l. from Jacobson altogether—the pictures I had from Phillips are at my hotel, the landlady will not let them go till my account is paid; my account is about 200l.—I have many pictures, my property—Phillips did not offer to give up the china when he found it belonged to Prince Repnine and not to me—he never offered me that, because he knew very well that the china was not my property at the first visit—a reward of 400l. was offered upon the steps which Magner and Jacobson took—they asked 500l., I refused that—I refused to give my signature to make the prince suffer such a sacrifice; at last I was obliged to sign it to give 400l. to Magner and Jacobson also—Mr. Cooke gave me a letter or declaration which had to sign for that purpose, to withdraw from the prosecution——Magner, Jacobson, and Mr. Cook proposed that—Mr. Cook was my solicitor in this case—the 400l. was to be given to get back the box—I don't know what was to be done with the 400l., it was probably to be divided between Jacobson, Magner, &c.—I don't know whether by &c. I mean Mr. Cook—I had nothing to do with the 400l., I had nothing to do but to sign this declaration to desist from the prosecution—I said that all the expenses that I had in this proceeding and the other expenses should be paid, and I would not deliver up the pictures before—I did not stop the prosecution—I signed this decalration, but instead of giving it to Mr. Cook I gave it to Mr. Robins—I do not know the English laws—it was 12 o'clock at the police-court when Mr. Cook came to me with Magner and Jacobson, and said "You must sign a declaration to desist from the prosecution"—I replied "I don't take any steps without Mr. Robins, it is too short a time"—Mr. Cook, Jacobson, and Magner told me I must cease from the prosecution; Jacobson at the last moment came to intimidate me—I was obliged to sign the paper, because the arrangement was made already—after having signed it I immediately returned to Bow Street police-court and told it to Mr. Reimers—the box was there and he seized it—the 400l. was not paid, it was only promised—the three persons who intervened were to have had it; it was not to be for my expenses—I have never asked for the 400l.—Jacobson asked for 500l.—I told Mr. Robins not to pay anything at all of that sum, at the utmost 100l.—I was only made acquainted with the arrangement that 400l. should be paid at the time I was asked to sign the paper—I don't know what was to be done with the 400l., for me not a penny, because in the beginning I refused a payment for the box—the 400l. was to be paid at Mr. Cook's
office and I was to go there to check the pieces to see that they were right—Mr. Robins is solicitor for Prince Repnine—he was authorised to make the sacrifice of 400l. to get the box back—I did not know anything of this arrangement, it was made by Magner, Cook, and Jacobson—I suppose Mr. Cook knows all about it—I don't know whether Phillips has returned all the china—Mr. Cook is still my solicitor in another case—he gave me the paper to sign, and he knows all about it.
Cross-examined by MR. M. WILLIAMS. At the different meetings at the Albany, the door was for the most part opened by Cohen—the interviews then took place between Phillips and I alone—I said before the Magistrate that I always looked upon Cohen as the servant, and that when he brought the pictures to Norfolk Street I gave him Is.—I have given him a 1s. two or three times, believing he was acting as the servant.
Re-examined. I was unfortunate with my boarding school at Trieste in 1859—my establishment was destroyed by the Italian hostilities because my Italian pupils for the most part did not return—I was then employed as professor of German literature at the Commercial Academy at Vienna during six years, till 1867—after that I gave lessons in German literature and in the French and Italian languages, and in 1873 I was employed as surveyor at the exhibition in the department I have mentioned—I was a bankrupt at Vienna in 1864 in consequence of my failure in 1859—I was then professor at the Academy—I had to arrange with my creditors, and gave up 27,000 florins—I was introduced to Prince Repnine by my position at the exhibition—this is my letter from Prince Repnine, which I showed to Phillips. (This was dated 10th September, 1873, and purported to be an authority from Prince Repnine to the witness to sell the china service on his behalf.) I showed that to Phillips on the second or third call—this document of the 22nd September is Phillips' writing. (This described the witness as the accredited agent of Prince Repnine, the owner of the china.) The Prince was to find money for the expenses of myself and family while I was in England—he was also to pay any expenses incurred in exhibiting and disposing of the china—I had an apartment in Jermyn Street for that purpose—I appropriated the money that I raised in the way I have described for my personal expenses, and for that of my family, and also for the china service, journeys to Paris, and so on, and insurance—ten pieces wore at one time pledged—the greatest number pawned was in November, when we redeemed them, then there were twenty-one—that included Jacobson's—three are still in pledge now at Mr. Bierstoff's—when I saw Mr. Robins, I communicated with him, on behalf of the Prince, where they were, and they were redeemed immediately afterwards—there are at present 100 pieces existing; one has been stolen, one is at Paris, and three are at Bierstoff's, that makes 105—I was present when Phillips was taken into custody—not when he was taken by the policemen, but when he was taken before the Magistrate—it was after he was taken before the Magistrate that the offer of 400l. was talked about, because that was on 1st December or 30th November, and he was taken into custody on 15th November—an offer was made to return the china before he was taken into custody—Mr. Jacobson told me that he knew where Phillips was, and he would get it returned if I gave 50l., and I cousented with pleasure; that was before he was arrested, before 1st December—Mr. Robins was to pay the 400l. in the name of the prince—I know now what was to be done with the money; but before I signed that paper I did not know—the arrangement was mentioned to the Magistrate, and he
refused to sanction it—the pictures that Cohen brought to me are with others at the hotel in Norfolk Street; the landlady holds them all.
By MR. SERJEANT BALLANTINE. Until August, 1874, the prince had made me an allowance; but after, when the things were put into the bank, that ceased; but as I have still occupied myself with the service, having other business in hand as well, I remained in London.
MARTIN COLNAGHI . I am an expert in works of art by the old masters—I am very well acquainted with the value of paintings—more especially of the old masters—I saw eleven pictures this morning at the Belle-vue Hotel—one was a copy of very little value—it purported to be by Perugini—its value was 30l. or 50l. at the outside—it is impossible to say how much exactly—the Amphion of Salvator Rosa is old, but of very little value; from 15l. to 20l.—it is not by Salvator Rosa—the Triumph of Galatea is a copy, probably at the time a very respectable copy, but of very little value—it is certainly not worth 50l.—the Procession of Cupids I should think is a copy of some 200 years old; very much restored, of very trifling value; it is not worth more than 15l. or 20l.—when pictures are of importance and valuable pictures, you can at once say what they are worth, but these things which are by inferior masters, it is most difficult to estimate—the picture of a sleeping figure is of very little value—I should think it would not fetch 10l. at Christie's—then there is Queen Elizabeth by Smirke—it is an original in the time of Smirke, but of very little value—it' is not worth 50l.—taking all six together about 190l. would be the outside sum for them.
Cross-examined by MR. SERJEANT BALLANTINE. I am generally consulted upon these matters—other people are kind enough to say I am a first-rate judge—I do not doubt that you would not know a Poussin—a man who is not a first rate connoisseur is very easily deceived—there are men who make collections who are connoisseurs, but very few—some original pictures have fallen very much in value—if this picture was a real Poussin I dare say it would be worth 3,000 guineas—I do not think it possible that there are a dozen people who collect pictures who would mistake this for an original Poussin—I think people could make a mistake about Salvator Rosa—he is not at all known, only by his landscapes—his works are of common commercial value—I should be very sorry to give 30l. for the Galatea picture—it is a nice picture for a man to hang up who has no knowledge or judgment—the value of pictures is not uncertain—there is a market price for all things—there is a market value that connoisseurs know very well, and there is another value that purchasers have to pay—no doubt a man buys and makes money out of his purchase—I simply come here to give my opinion professionally—I have a small collection of china—I do not sell china—I do not pretend to be a connoisseur, and I do not know about other people, but I think I should not be very well deceived in Sevres china or old china.
CHRISTIAN MACLE . In September last I was a waiter at the Belle-vue Hotel, Norfolk Street—Mr. Vehovar was stopping there—I remember one evening a van coming with some pictures in it, and I called Mr. Vehovar from the dining room—I saw Cohen and heard what passed between him and Mr. Vehovar—Mr. Vehovar asked Cohen what did he want with the pictures here already—Cohen said because when he went away from his master's house he told him a man came who was going to buy the pictures—he said "The prince came and master sent me away with the pictures directly, and he told me he would be up with the gentleman to-morrow to buy the pictures."
Cross-examined by MR. M. WILLIAMS. I was standing in the hall—this conversation took place just outside the room where the pictures were taken in—all the conversation I heard was what took place upon the stairs—in substance what was said by Cohen was that he went away from his master's house, and that the man came who was going to buy the pictures, and that, according to his master's orders, he brought the pictures on.
CHARLES HENRY MOULSON . I am managing clerk to Mr. Hensley, who is secretary to the Albany—I know Phillips—he occupied apartments in the Albany No. I 3—there was no agreement existing between him and the trustees—the previous tenant was Prince Rodecanacci, and previous to him was Mr. Corbett—the Albany is rested in trustees—there was a lease between Mr. Corbett and the trustees—I have it—Phillips came in some time in 1874, and occupied them until the latter end of 1875—after Phillips was tenant, I was present when something was done about the rent—I had nothing whatever to do with the termination of the tenancy, or his leaving.
ERNEST ROBINSON . I am a clerk in the Court of Bankruptcy—the date of Phillips' petition for liquidation is 1st June, 1874—debts owing, 6,266l. 16s.; assets, consisting of furniture, stock-in-trade, and book debts, 350l.—a resolution was adopted by the creditors for an instalment over so many months, and the last would be in 1876—I also produce proceedings in the case of Phillips Brothers, which terminated in a bankruptcy—Mr. Waddell was trustee, and Messrs. Lumley were solicitors—the petition was the defendant Phillips' own.
Cross-examined by MR. SERJEANT BALLANTINE. It does not appear over what length of time he was trading—it was as a commission agent and trimming manufacturer in Ely Place.
Tuesday, February 29.
ST. JOHN WONTNER . I am the solicitor acting in this prosecution—I know Mr. Edward Lumley, a witness in this case—I am aware that he is suffering from a serious disease, which renders it improper that he should be a witness '—he was examined and cross-examined before the Magistrate. (The deposition of Mr. Edward Lumley was read as follows:" I am a partner in the firm of E. & H. Lumley, of St. James Street, brother to Lumley & Lumley, solicitors. In consequence of instructions I received, I went over the chambers 13, Albany, in February or March, 1874. I took a cursory glance and formed on opinion of the value. We advertised the chambers to let, and the contents for sale. I had known Phillips for two or three years. I knew him in business in Ely Place. I knew-nothing of his liquidation at that time. He was a gentleman wanting chambers. About June or July I sold him the contents of the chambers. I cannot say what I asked for the furniture. An inventory was made in two parts; the books by Sotheby & Co., and the rest of the effects were made an inventory of by one of my clerks, named Sims, who has left us now. We could get no more than 300l. from the friends of Prince Rodecanacci, and as Phillips had offered 350l., I consulted with Mr. Waddell, and I sold to Phillips the whole contents of the chambers. I saw some pictures in the rooms. I got the money from Phillips. I have seen Cohen at Phillips' chambers. He has opened the door to me. I have seen Cohen also at Ely Place. I can't say in what capacity. 25, Ely Place, was like an office, two rooms, the back like a warehouse, the front room as an office and sitting room. I do not know how Cohen was employed there
I have heard nothing to the contrary of Phillips being an honest man. When I saw Cohen at the Albany, I should say he was acting in a menial capacity.") A further examination." I produce an inventory of the contents of the rooms I 3 which I sold to Phillips. The inventory is in the hand-writing of a clerk named Sims, who has since left me. This is an inventory of the rooms I 3. There are paintings described in the inventory, the same as now read to me from the list in Court; six in number. They were included in the sale I made. There is a value carried out to each—the Amphion, 10l.; Bacchante, 5l.; The Triumph of Galatea, 8l.; the Procession of Cupids, 12l.; Death of Queen Elizabeth, 15l. or 5l.
Cross-examined. It was under a bankruptcy that I sold these goods, and they were sold irrespective of the rooms, but in the rooms, not by auction. They were sold to the defendant in a lump sum."
MARK PHILLIPS . I live at Weymouth, and am a general outfitter—the defendant Phillips is ray son—I have been in business there nearly forty yean—my son was in business in Ely Place as a trimming manufacturer—he was started in 1864—he failed, and I was a creditor of his—Cohen is a cousin on my wife's side—I never lived at Ryde, and never kept a yacht—I never intended to go to the Mediterranean in my own yacht.
Cross-examined by MR. SERJEANT BALLANTINE. I started my son in business when he was twenty-two years of age, he is now over thirty—previous to starting in business he lived at home with me—I gave him a certain amount of capital to start with—he was always well conducted—previous to living with me at home he was in a situation at Birmingham—his character was always good.
Cross-examined by MR. M. WILLIAMS. Cohen's parents were very poor—my son took him from school as an errand boy at about 2s. 6d. a week, and he lived with him as a kind of servant ever since.
ROBERT NICHOLLS . I am a porter at Ely Place—I recollect when Phillips was in business there—I know Cohen—he was quite a lad when he came there—he remained with Phillips at Ely Place during the whole time he was there.
Cross-examined by MR. M. WILLIAMS. I said before the Magistrate that Cohen was like an errand boy to Phillips—I have seen him drawing a truck with boxes in it.
THOMAS ROOTS (Detective Sergeant). On 15th Navember I received warrants for the prisoners' apprehension—Phillips was arrested and brought to London—I did not arrest him—he was arrested by Inspector Gibbs, of the Brighton Police—he was handed over to me at Bow Street—I then read the warrant—he said nothing—Cohen said it was false—Cohen was handed to me by Detective Constable Leader of the C division—I searched Cohen and found on him some papers, a copy of a telegram to Phillips about bankruptcy, also a memorandum from G. H. Chalker, a betting book, the key of the chambers, two invoices, and some letters addressed to himself—I searched Phillips' lodging at Brighton and found these papers—I afterwards went to the Albany and searched Phillips' rooms—I there found some books of accounts relating to Ely Place—I found an I O U for 120l. signed by Cohen, also an I O U for 120l. signed by Sidney Jacobson & Cohen, three betting books, some invoices showing dealings in trimmings, Phillips' letter book, a day book showing dealings in trimmings and fringe, a book marked" Receivable and payable cash-book" from January, 1872, to 1874, a memorandum book with a number of leaves torn out and no entries, one banker's
pass-book, no banker's name, no entry, a number of leaves torn out, an iron box containing a number of papers, among them those three letters, and a packet of letters marked "H. Cohen," old letters.
Cross-examined by MR. SERJEANT BALLANTINE. I assisted Sergeant Reimers in the case—he had to go on the Continent and he handed the warrants to me to execute—I did execute them at Bow Street—the prisoners were brought to Bow Street and I charged them there on the warrant—I had nothing to do with taking them—I saw Magner, he had been to Brighton, I heard that he came back with Phillips—it was he, with Professor Vehovar, who gave Phillips into custody—I believe Jacobson was also at Brighton—I never heard of any reward being offered for the return of the china, this is the first I have heard of it—I have heard them speak of it at Bow Street, but I heard of no reward being offered—Mr. George Lewis originally appeared for Phillips at Bow Street, Mr. Cook appeared for the prosecution—I heard that a compromise was to be effected, that a sum of money had been offered for the return of the china, we heard that Mr. Robins was going to give 400l. for it; it was not offered as a reward for the apprehension of anybody, merely for the returning of the china—I heard from Mr. Robins that the china was to be restored to him for 400l.—I and Reimers did not agree that that should be done, we did not know where the china was—we heard that it was to be returned on 1st December—it was not returned—Mr. Cook has got it for the purpose of being returned.
Cross-examined by MR. M. WILLIAMS. Cohen was taken on the 16th November the morning after Phillips—Magner was present when Cohen was given into custody; he gave him into custody at the Albany Chambers—all he said was that it was false—I don't recollect that he said he was the servant of Phillips—he gave his address I 3; Albany to the inspector who took the charge—he might have said he was a servant.
GEORGE EDWARD FORREST . I am a gas engineer of New Street Square I have had the letting of 25, Ely Place for some years—Phillips and his brother took three rooms there at 57l. a year which they occupied for five years—Phillips left in August or September, 1874, I did not know that he was going to leave—he owed a quarter's rent—I believe the top room was used as a sleeping room, the front room as a sitting room and the third room as a warehouse—I have seen Cohen there several times during the tenancy.
Cross-examined by MR. M. WILLIAMS. I stated before the Magistrate that I had seen Cohen several times there as a servant or messenger—I always took him to be so.
Cross-examined by MR. SERJEANT BALLANTINE. I am not aware that all the fittings were left behind—I believe there was a gas pendant left in the front room.
GEORGE MAYOR COOK . I am a solicitor of 9, Gray's Inn Square—Mr. Vehovar was introduced to me as a client in October or November—about. a fortnight afterwards counsel by my instructions obtained at Bow Street police-court, a warrant for the apprehension of the two prisoners on a charge of conspiracy—I think the information was sworn on 5th November—on 1st December there had been an examination before Mr. Vaughan—I had been before the Magistrate two or three times before 1st December I think, but I am not quite sure of the number of times—on 1st December Phillips' brother came to my office and brought a box with forty-four pieces of china in it, and that same day by the direction of Mr. Vaughan I delivered the box and
its contents to Sergeant Reimers—from that time I ceased to take any part in the conducting of the prosecution—Mr. Wontner then conducted it, and I became a witness.
Cross-examined by MR. SERJEANT BALLANTINE. Mr. Jacobson introduced me to the prosecutor—I had known Mr. Jacobson about twelve months—I was concerned in granting a lease for him—he is a dealer in antiquities, works of art and vertu, and has a very large shop in Oxford Street—ho was here yesterday—I have not seen him here this morning—I did not know Magner till this, Jacobson introduced me to him before he introduced me to the prosecutor—the introduction was for me to attend at Judges Chambers to watch the case—things had been seized belonging to Vehovar, the china and a lot of things, in an action, upon a regular judgment obtained by a firm that call themselves Fisher & Co., Mr. Levy there—an action is now pending in which I am for the prosecutor, and he is the defendant—it is an action for alleged work and labour, and also for a picture—there are two actions—the criminal charge began about a fortnight after I had first met Professor Vehovar—it was not my suggestion—I was consulted about it, it had already been suggested by Mr. Goatley another solicitor; it came out of Mr. Goatley's hands into mine—I expressed my inability to give an opinion as I was not versed in criminal law, having been the pupil of a conveying barrister—I said I was not competent to give an opinion about it, that counsel must be consulted about it—after counsel had advised what should be done, I considered myself competent to do what was necessary—I think that would be about the 2nd November; I then went with Jacobson and Magner to counsel's chambers—a statement was brought to me made by Vehovar detailing the whole of the particulars; I think I have that statement—I first took steps on the Friday—the warrant was obtained on the Saturday, and I handed it over to Sergeant Reimers—one morning when I arrived at my chambers Professor Vehovar was there, and said that Phillips had been arrested, and was to be brought to Bow Street at 10 or 12 o'clock—I have heard that Magner and Jacobson went down to Brighton—the warrants had not been refused before I obtained them—I got them from Mr. Flowers at his house at Hornsey—I went there with Sergeant Reimers, Jacobson, and Magner—Mr. Magner was secretary to a prince, a member of our royal family—Vehovar being a foreigner, Magner knowing the whole of the details acted as interpreter to him—I took Jacobson because he had sworn an information as to the value of the pictures—I should think it would be about twelve days after I got the warrant that I heard there was an offer of 400l. to get back the china—during that time I, as solicitor for the prosecution, had been conducting the case against Phillips—I heard about the 400l. by a letter that was brought to me by Magner—previously to that I beard that Phillips had said he would smash the china into athousand pieces sooner than Vehovar should have it—Jacobson told me that—a letter was brought to me by Magner on 30th November, that if the china was delivered 400l. would be paid, they were most anxious to recover the china—I had no control over the china—it was about 12.30 when Magner brought the letter, and he said that Phillips' brother would come and leave the china at my office, and the pictures were to be exchanged—the things were to be transferred as it were; that I heard from Magner—Phillips and Magner seem to have been friendly—I don't think he was the agent—the china was delivered, on my arrival at my office I found Phillips' brother
there with it—the 400l. was to come from Messrs. Robins, the prince's solicitors, they were most anxious to get back the china—they then asked me if I would withdraw from the prosecution, I said "I cannot do anything without counsel"—Phillips' brother came accompanied by Mr. Froggatt who was then the solicitor for Phillips—my mind was not troubled, but I should never dream of doing anything without the consent of counsel; there was not any compromise—the body of this document (produced) is my writing, the signature is Vehovar's—it was written by me for Yehovar to sign, as an authority for me to put before counsel or before the Magistrate, to advise us how to act (Read:" 1st December, 1875. To Mr. G. M. Cook, 9, Gray's Inn Square. You will please withdraw from the prosecution in this case, I do not wish to proceed with the matter, M. Yehovar.") No arrangement had been made as to what was to be done with the 400l.—it had not been spoken of at all—Jacobson and Magner had exerted themselves, and they said that if money was paid they would be able to get the china back; it was not stated to whom the money was to be paid; I understood it to be to Jacobson and Magner—the 400l. was to be paid to them—nothing was said about my costs, they were not to be paid out of the 400l.; I was not to have any portion of the 400l., nothing was said about it—I said that 1 should leave my costs to the professor—he was not to have any of the 400l.—the whole was to go to Jacobson and Magner—I am not aware of any arrangement that the professor was to have any portion of the 400l.—the money was not actually paid, I refused to pay it—it was not paid to me, I never had it—Magner asked—me to give him a cheque, Jacobson asked me to give him a cheque—Phillips was in custody at that time, and the china was then in the hands of the police, it was delivered up to Sergeant-Reimers.
Re-examined. This (produced) is the letter that Magner brought to me—the suggestion that the china should be restored to Mr. Vehovar came from Mr. George Lewis, on the very first occasion; he was then acting as solicitor for Phillips after he was in custody—no suggestion that I know of was made of restoring the china till after Phillips was in custody; Mr. George Lewis suggested to counsel on the first occasion that the china should be given up; that was the first suggestion I heard of giving up the china—I heard of the threat to destroy the china directly after Phillips' arrest.
THOMAS FRANCIS ROBINS . I am a member of the firm of Venning, Robins & Co.—we are very often employed by the Russiam embassy—I have been acting for Prince Repnine—a certain number of pieces of china are in the hands of the police awaiting the result of this trial, and a certain number at the London Joint Stock Bank, one piece in London, two in Paris, and fourteen or fifteen in my custody—this letter, which Mr. Cook says was brought to him by Magner, is my writing. (Read:" 30th Nov., 1875. To Mr. Cook. Dear Sir,—If the forty-four pieces taken by Phillips are delivered to me here before 4 o'clock to-day I will pay 400l., and will authorise you to withdraw from the prosecution. T. F. Robins.") It was not my intention at any time to withdraw from the prosecution without the consent of the Magistrate—about the 26th or 27th of November Mr. Cook, Magner, and the professor called at my office; they told me what had taken place—I think the day before or the day before that, before the Magistrate while they were there, Magner said the china could be got back if 500l. was paid for it, and that Phillips had said that if he was convicted it could not be obtained, but it should be broken in pieces rather than the prince should
have it—I said "It is my duty to telegraph to the prince and tell him what I have heard"—the professor objected to that; he objected to any money being paid—I appointed Magner to call on me, I think, the following day—Mr. Cook required this paper to be signed by Vehovar—it was signed, and I put it in my pocket, and said I would attend with him before the Magistrate after I had obtained possession of the china—I understood that Mr. Vaugban wanted to see it, and I handed it to Reimers—it was in my pocket but never used.
Cross-examined by MR. SERJEANT BALLANTINE. I never offered any reward, nor was any offered—Magner was the spokesman as to the 500l.
WILLIAM HENRY WRIGHT . I am a night porter at the Albany—I recollect Phillips occupying the rooms that used to be Prince Rodacanacci's; he remained there from twelve to fifteen months—I recollect his going away; I did not know that he was going, he went in the evening; it might be 10 or after 10 o'clock—he took with him a long tin bos, a square box, a wooden box with brass handles, a hat bos, and a rug—Cohen brought the boxes down; they were put on a cab—Phillips got inside and Cohen got on the box by the side of the cabman by Phillips' orders; Phillips told the cab-man to drive to London Bridge—I never saw him again till he was in custody—Cohen came back, and was there pretty constantly until he was taken into custody.
Cross-examined by MR. M. WILLIAMS. I said before the Magistrate I have seen Cohen acting as a servant and going out on messages; he acted as any other servant would do; be slept on the third floor and Phillips on the second."
Cross-examined by MR. SERJEANT BALLANTINE. I cannot give any date at all as to the time when Phillips went away in the cab—I don't know what—month it was in.
JAMES SCOTT . I am an auctioneer, of Warwick Street, Regent Street—on the 7th June, by Mr. Hemsley's instructions acting for the landlord, I distrained the rooms I 3, Albany—this is the notice I left—on the 12th June ray agent, Smith, received 82l. 10s. and gave up possession—I subsequently distrained on the 16th November, and a portion of the goods was sold to satisfy the rent.
MR. WILLIAMS submitted that there was not sufficient evidence to go to the Jury of conspiracy on the part of Cohen, whose position was evidently that of a servant to Phillips, and who only acted under his master's directions. MR. SERJEANT BALLANTINE also urged that the counts for conspiracy could uot be supported; and as to the false pretences, the prosecutor had never stated specifically what induced him to part with the china, and therefore the counts charging specific false pretences were not made out. The Common Serjeant considered thai as to the conspiracy, certain acts having been proved as to Cohen, it was for the Jury to draw their own inferences from those facts; amd as to the false pretences, it would be for the Jury to say whether the pretences made were false in point of fact, and whether the goods were parted with on the faith of those pretences.
PHILLIPS— GUILTY — Eighteen Months' Imprisonment. COHEN— NOT GUILTY .
NEW COURT—Monday, February 28th, 1876.
Before Robert Malcolm Kerr, Esq.
198. HENRY SHERROCK (45) , PLEADED GUILTY to unlawfully soliciting. Hall, to steal certain post-letters, the property of Her Majesty's Postmaster-General; also to feloniously forging and uttering an endorsement to an order for money with intent to defraud, baying been twice before convicted of felony— Twenty Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
MARY HOOPER . I live at the Black Bull, Whetstone, kept by Mrs. Broadbell—on 22nd January, George Bishop (see next case) came in at about 4.45 and called for a glass of ale, he gave me a florin—I found it was back and gave it back to him—he left without drinking the ale.
REBECCA KIFF . I live at the Anchor public-house, Whetstone, about 50 yards from the Black Bull—on 22nd January, about 4.30 I served William Bishop with 2d. worth of whiskey—he gave me a florin; I gave him 1s. 10d. change, and put the florin in the till where there was no other florin—he went away with the change and did not wait to drink his whiskey—Mr. Goodwin came in, took the florin from the till, put it to his teeth, nipped it with a knife, and said that it was bad—I gave it to the police.
ISAAC GOODWIN . I kept the Anchor, I nipped this shilling with a knife, took my horse and trap and went after the men—I picked up the sergeant, and afterwards took up a constable, we overtook the three men about half a mile from my house; I took hold of William Bishop, he struck Sergeant Hayward, in the chest—the constables each took one prisoner.
GEORGE GOODWIN . I keep the Bull and Butcher public-house, Whet-stone, about quarter of a mile from the Anchor—on 22nd February, Jones and William Bishop came in between 4 and 5 o'clock, and Bishop called for a pint of 6d. ale—he handed my wife a florin—she gave him the change and laid it on the top of the till, but I did not lose sight of it—they drank the ale together and left together—I ran after them, caught them and told them they had given me a bad florin—they said that they did not think they had, and asked to look at it—I showed it to them, and Bishop said that he should like to have a pocket full of them; he put it in his pocket and gave me a good one—I walked into Sergeant Hayward's and gave information; I saw him start off, and I went for a constable—I had not marked the florin.
GEORGE GOODWIN . My father keeps the Anchor, and I live with him—I saw him go out after the men and followed him; I overtook him at the top of Brickler's Hill, when he had got the three men—Peek, the constable, asked me to get over the fence of a garden where they were standing—I did so and picked up four florins which I handed to Peek.
NEAL CLACK . I am a gardener, of Capel Terrace, Whetstone—on 16th February, I was at work at Willing Hall, and found six florins wrapped up in paper; I gave them to the last witness and showed the spot to Sergeant Hayward.
third man, and one of the three I could not see which went into the Anchor; the other two went on—I went into the Anchor and told them something, and then went to the Bull, and found that they had tendered bad money there—I could not run any further, and Mr. Goodwin took me up into his trap, and we followed the prisoners—I jumped out and stopped William Bishop and Jones, and called to a constable to go after George Bishop—I got hold of William Bishop—he said "Who are you?"—I said "I am a police-constable"—he struck me a violent blow on my chest—Jones ran towards Whetstone, but the policeman stopped him, and he threw some coins over into the garden of Willing Hall—I was going to search George Bishop, but he said that he would not be taken by me, and struck me again—we took the three to the station—I picked up this florin at the very spot where I apprehended William Bishop—sometime afterwards, in February, I was shown the place where the six coins were picked up—it was close to where the other four were found.
EDWARD PEEL (Policeman S 118). On 22nd January I was on duty between Whetstone and Barnet, and the three prisoners passed me, laughing and talking together—Sergeant Hayward and Goodwin passed me in a cart and called to me to stop Jones, who was running back towards me—I caught hold of him—he put his hand in his pocket and threw some coins into Willing Hall garden—Mr. Goodwin's son got over the fence and picked them up and I afterwards picked up two—I searched Jones and found on him 2l. 18s. in silver and 10s. 1d. in bronze, six new handkerchiefs, a comb, and other articles.
Cross-examined by the Prisoner. You tried to get your coat off, and when you found you could not you put your hand in your pocket and threw something over the fence.
DAVID SINCLAIR (Policeman). I went with the sergeant and overtook the prisoners—I took George Bishop, and told him he would be charged with two men for passing counterfeit coin—he said that he had no knowledge of them, but at the station he admitted that William was bis brother.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—the florin uttered by William Bishop is bad—the florin dropped is bad and from the same mould—among the six dropped by Jones is one which is from the same mould as the other two—the six found by the gardener are bad, and five of them are from the same mould as the others.
Prisoner's Defence. Do you think it possible that after the constable had got hold of both my hands I could shift to the hedge and chuck the coins away If I had anything about me I could have thrown it away before.
GUILTY —He was farther charged with a previous conviction of a like offence.
JAMES BOLLEN . I had the prisoner in my custody in Holloway Gaol for six months and produce a certificate of his conviction. (Read: "Central Criminal Court. Albert Bishop, convicted December, 1872, of uttering a counterfeit sovereign and sentenced tosix months' imprisonment.") Jones is the man.
MR. CRAUFURD conducted the Prosecution.
Cross-examined by George Bishop. You did not drink the ale—I had just lit the gas—you are the man—I gave the florin back to you.
Cross-examined by William Bishop. You were in the house about a minute—the gas was alight—one of the pence rolled behind a pot—you said "You have not given me enough change," and I pushed the penny towards you.
Cross-examined by William Bishop. My niece described you and stated that you had rings on your fingers and wore a top coat—I went in pursuit 1d. worth of bread—he gave me 1s.—I put it in the till, gave him the of a man who I did not know—I did not see you throw auything away.
George Bishop's Defence. No bad money was found on me—my brother and I were going to get work.
William Bishop's Defence. My brother asked me to lend him 5s., but I could only lend him 2s. 6d. No bad money was found on me. I never went into either of the houses. We may have got abreast of a man while we were talking.
JONES— Five Years' Penal Servitude on the first indictment. GEORGE and WILLIAM BISHOP— Two Months' Imprisonment each.
MR. CRAUFURD conducted the Prosecution.
HENRY MARSHALL (Detective. Officer E). On the night of 26th January I was with Brown in Tottenham Court Road about 8 o'clock, and saw the prisoners—we followed them into the Hampstead Road, they separated and I lost sight of them for a short time—I saw them come back and go with another man to the Southampton Arms—we went in—I laid hold of Mayor and Brown took Hickey—they were both asked-what they had in their possession—they said "Nothing"—Hickey appeared to take something out of his pocket—I seized Mayor's hands and held them till assistance came—he struggled very much—we also took the third man, and he was afterwards discharged—I searched Mayor and found in his right trowsers pocket this bad florin, and in his left waistcoat pocket this bad shilling (produced)—he said that he did not know the florin was bad and that he could not account for the possession of the shilling—I saw Brown search Hickey and take eight florins from his pocket.
ALFRED BROWN (Policeman). I was with Marshall—I took Hickey in the Southampton Arms—he struggled very much to get away and said that he had nothing—I found in his right coat pocket at the station eight bad florins and id. in bronze—he said that' some one must have put the florins into his pocket—they had tissue paper between them.
Mayor's Defence. I met three lads, one of them had a lot of money, I asked him for a trifle and he gave me a florin.
They were both charged with previous convictions of felony Mayor in August, 1875, and Hickey in August, 1872, to which they both
MAYOR— Judgment respited. HICKEY— Two Years' Imprisonment.
MR. CRAUFURD conducted the Prosecution.
HENRY MARSHALL (Detective Officer E). On the night of 24th January I saw the prisoner in Broad Street, Bloomsbury, with two other men—I followed them to Thorn by Street. Oxford Street, and saw them go under a lamp where the prisoner took something from his pocket and handed it to one of the others—it appeared to be tissue paper containing counterfeit coin—they all three went into the Old Crown in Oxford Street and I went into another compartment—they called for drink and the other man put down good money—I went into their compartment and asked the prisoner what he had about him, he said "I have nothing"—I said I believe you have some counterfeit money—he put his hand in his pocket and appeared to be in the act of dropping something, I siezed his hand and kept it clenched till with assistance I got him to the station and then found this bad shilling in his hand and 4s. 5 1/2d. in good money on him—I told him he would be charged with passing counterfeit coin, he said "I met some men on the Dials and they gave me that money"—he afterwards said "I met a men in Oxford Street, you have taken the wrong one; if you had caught the one who got away, he is the guilty party"—I searched him and found another shilling in the pocket from which he had taken the coin and also three shillings in tissue paper—one man got away and one was not charged—I had seen the prisoner that afternoon at the Grapes public-house Seven Dials with the man who has not been charged.
Cross-examined by the Prisoner. I know you as a working man—I found six pawn tickets on you; one was for a watch for 1l., and another for a coat for 4s.—I gave three of them up to your wife—you told me that you brought the ticket of the watch out to sell; and you told the Magistrate that the man gave you the counterfeit money.
SAMUEL HAINDS (Policeman E 443). On 26th January, about 10 o'clock, I was in the Old Crown public-house in plain clothes, and saw the prisoner come in with some others—one of them called for a pint of ale—I saw Marshall come in and take the prisoner in custody—he called out to me to assist—I took one of the others, and the third man escaped—I saw a bad shilling found in the prisoner's hand at the station, and two bad shillings from his right, and one from his left waistcoat pocket—the other man was discharged at the station.
WILLIAM WEBSTER . These four shillings are all counterfeit. The Prisoner's Statement before the Magistrate was that he received the money from the man who had escaped for the sale of some pawn tickets; he also produced a written defence to the same effect.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution; and MR. J. P. GRAIN the Defence.
EMMA BROAD . I am a counter clerk at the N. TV. District post-office, Eversholt Street, Camden Town—on 12th February, about 3.20, the prisoner came and asked for 10s. worth of postage stamps for a grocer over the way—there is a grocer opposite, Mr. Austin—I said "Give me the money"—he gave me this coin, which I returned to him, and told him it was not a half sovereign—he said "Oh, then I must take it back to him; what is it worth?"—I said "I think about 1d."—the chief clerk then came in, and she asked him where he came from—he said "From the grocer's over the way at
the corner"—(there is another grocer at the corner, Mr. Haws)—she said "Do you mean Mr. Haws?"—he said "Yes"—she said "Are you employed there?"—he said "Yes"—she said "How long?"—he said "Some time," but afterwards he said he only came that morning—Mr. Potts then came in and spoke to the prisoner, who told him that he came from Mr. Haws—he sent a message for Mr. Haws, and then sent for a constable.
WILLIAM FREDERICK POTTS . I am postmaster at the N. W. District office—on 12th February, I was called in, and this coin was shown to me in the prisoner's presence—I asked him where he came from—he said that Mr. Haws, the grocor opposite the Cobden statue, had sent him—I said "You will not object to wait while I send a message to ascertain whether your account is correct or not?"—I called a messenger, and the prisoner rushed to the door, and tried to get away—I had asked him whether he was a servant to Mr. Haws—he said "Yes; errand boy"—the messenger returned, and stated that Mr. Haws knew nothing about him—he began to cry before the messenger returned, and said that what he had stated with reference to Mr. Haws was false—I gave him in charge with the coin.
THOMAS WILLIAM HAWES . I am a grocer of 13, High Street, Camden Town, on the opposite side to the post office, and exactly opposite the Coben statue—the prisoner was never in my employment—I never saw him in my life.
Cross-examined. I have known his father and mother by sight for years, and always found them respectable people—his father is a bricklayer.
Witnesses for the Defence.
MR. RICHARDSON. I am one of the firm of Richardson, Coalman, & Ingar, of Raikes Court—the prisoner was our apprentice for three years and a half—he has been particularly honest, and tolerably regular—he scarcely knows his letters; and, as far as figures are concerned, I put him to the test, and he does not know 21 from 12—I have asked his father on three occasions to cancel his indentures.
Cross-examined. I am an electrotyper and stereotyper—I gave him the simplest work to do, but he did not do it with intelligence; he spoilt something like ten plates in one day—that was twelve months ago—he continues at the same work, and other little jobs, cutting up mounted blocks—he has improved since he spoiled the ten plates a day, and I continue to employ him at the same kind of work and at sundry other jobs—I think he is so unintelligent that he would not distinguish a piece of brass from half a sovereign.
By THE COURT. His wages are about 12s. or 13s. a week I should say, but I cannot tell you as I have so many—no premium was paid with him; he was paid 6s. a week at first, then 8s., and now 12s. or 13s.
JAMES TAYLOR . I am the prisoner's father—he comes home very regularly—he cannot read or write; he is a very dull lad in all points—he never goes about with bad companions. Gross-examined. I always found him truthful.
GUILTY — Four Months' Imprisonment.
OLD COURT.—Tuesday, February 29th, 1876.
Before Mr. Common Serjeant.
MESSRS. BESLEY and Cooper-Wyld conducted the Prosecution; MR. MATHEWS, JUN., appeared for Colville, and MR. J. P. GRAIN for Miller.
THOMAS GRIFFITHS . I am secretary to the Boulinnikon Floor cloth Company—it carries on its chief business in Manchester—there is an office in London, at 76, Queen Street, Cheapside—those premises were opened in June last—it is a registered company (certificate put in, dated 21st September, 1869)—the business at Manchester has been carried on for some years—Mr. Colville came into our employ in June last at a salary of 200l. per annum, payable monthly—the engagement was ratified by resolution; I was present at the time—the resolution is not here—he received a percentage on sales—goods were sent from Manchester as required for stock in London—Colville's duties were to call on all houses in the City of London and South and West of England, to receive orders, and to send particulars, after entering them in his own book, to Manchester—if he received money he was to remit it the same day to Manchester by post—when petty cash was required his duty was to write to Manchester for a cheque—it was probably about a month after Colville came into our service that I first heard of Miller—when Colville was about to take his first journey I asked him if it was safe to leave the warehouse in charge of a porter, or should I find him assistance—he said it was not necessary, that he had a friend named Miller, who was a barrister's clerk, and it being vacation time he would look in occasionally to see that matters were all right—Spreadbury, a porter, was in our employ—neither Miller nor Colville had any right to pledge any of the goods in the London warehouse—neither of them informed me of the nine pieces of floorcloth which had been removed from the London office—I have seen them since, I identified eight rolls at Messrs. Russell& Co.'s, pawnbrokers, Fore Street, Cripplegate—the day book is in Court and the delivery book also—I have looked through both and find no entries whatever to Mr. James nor to Mr. Dewsbury of 2l. 18s. 6d.—there are other entries all about the same time; there is no entry of the 2l. 11s.; there was no sale account whatever of these transactions sent down to Manchester (a letter dated 18th August, written to Colville, was handed to the witness)—I sent this to Colville.
Cross-examined by MR. MATHEWS. Colville was our sole representative in London, and with the exception of Spreadbury, the porter, he was the only person employed at the London premises—the resolution embodied the full terms of Colville's engagement—it did not contain the fact that he was to transmit payments to Manchester, on the day of their receipt—I gave him those instructions verbally, acting for the company—they were no part of the resolution that I am aware of—the resolution is contained in the minute-book of the company, that is in Manchester—we have two manufactories in Manchester, but none anywhere else—the books of the company are kept there—Colville used his own discretion as to how long he would be away—we had an agent before appointing him; Mr. Mountford, in Newgate Street—the company would not have allowed Colville to absent himself for the
or three weeks; it is not a reasonable period—his commission was paid at stock taking time—no specific time was mentioned—the company were only indebted to him the amount of his commission when he was arrested—I cannot tell that amount without the books—these books (produced) are all upon which I have made investigation—it would have been perfectly legitimate for him to have entered any sales made in the country, in a rough diary—it would have been the ordinary course of business, and a transfer of the entries into the day-book, when he was in London—petty cash would be sent to him by open cheques—his salary was paid by cheque—I have the book relating to the prisoner's receipts—the Manchester "ledger," but I cannot get from it the amount of commission due to him—Miller never corresponded with me as manager—I may have written in reply to any query—Colville had instructions for the furtherence of the business—he was never told that he might be allowed commission of 12 1/2 per cent in addition to other sums—I did not know until I had made the investigation that that amount had been deducted—he could allow a discount upon sums so long as it was reasonable—the accounts passing between Manchester and London were daily, and Miller forwarded them in Colville's absence—the daily accounts are here—I was never informed of the nine pieces of cloth pledged at Russell's—I had a letter from Mr. Colville. (This contained the passage,"It appears pieces of oilcloth have been pawned at Russell's, in Fore Street, these I will get out") As a matter of fact it was not from Colville, I had the first intimation—we found the goods some days before—that letter is dated the 21st December, and the prisoner was arrested, I believe, on the 28th or 29th December—the petty cash was remitted immediately when asked for—we had to get the signatures of two directors, but did not wait for the weekly meeting—there may have been a delay of a day—I cannot say two days—the cheque was upon a Manchester banker—upon petty cash accounts there was something owing to the defendant when taken into custody, but only for accruing expenses—I cannot say to what extent; I have not taken possession of all documents and books that were at Queen Street—Colville removed some of them without our knowledge—I took all the books that were at Queen Street, at the time the prisoner was given into custody.
Cross-examined by MR. GRAIN. The company was established in 1869—it has been successful—we lost 10,000l. by a fire—that is not the reason we appointed Mr. Colville; I did not say when appointing him that the company had been trading at a loss—we were not insured—we were certainly anxious to push the London trade—we had a very good recommendation with Colville—I believe he has been in New York; we were agreeable to his having Miller there as his friend—during Colville's absence I am not aware that Miller made large sales—we had an order, the amount of which was 240l., but I do not know that Miller obtained it—I cannot say whether it was subsequent to Miller's taking up his position; it was in July (referring to book)—I cannot say from memory when the arrangement was with Miller—it may have been in July—the order from Rope & Davids, Covent Garden, amounting to 300l., was in August last—I know Mr. Edmunds, of Bayswater, unfortunately, I am not aware of the amount of 160l. in respect of his order—Tunstall & Co., St. Paul's Church Yard, we had an order from and various others, but I cannot say whether that was subsequent to Miller's going to Queen Street—I did go to the Isle of Man, and when there I received a communication from Miller, but no money orders
sent by him, cither directly or indirectly from Manchester—(looking at a letter) I beg your parden in that instance, I did; it was addressed to me personally—I cannot recollect whether during my stay at the Isle of Man I received from Miller, all communications through the Manchester house—I may have received some orders from Miller—there is no doubt we received some sale notes—not a great many—Miller had something to do with Mr. Edmunds and myself—a security was offered by Mr. Edmunds and Mr. Colville supplied him with goods—the security was never given—these transactions are entered in the books at Manchester—there is a considerable discount; from five to twenty per cent allowed to the trade—Mr. Edmunds owes us a little over 90l.—the other larger amounts have been paid—I recollect an interview between Edmunds and Miller, with reference to a mortgage—I saw it, but did not look over it—I gave instructions for it to be sent to Manchester, to submit to the company's solicitors—Miller, Colville, and I dined together afterwards—I do not know that at that time Miller was pushing the business, and getting large quantities of orders—they came through Mr. Colville, as far as I understood up to the present moment—Miller may have sent me the regular accounts during Colville's absence—there is one in his own handwriting.
Re-examined. There is only one in September—this letter to Miller (produced) I wrote. (It was read and contained the passage I am not aware in what capacity you are acting in Mr. Colville's business, please enlighten me." I read this letter (produced) from Miller. (It was read and contained the passage "Mr. Colville instructed me to attend in his absence") He never made any demand to me for special remuneration for himself—that letter says exactly what he says, that he is there for Mr. Colville—he never made any demand upon the Company—I come to London about once a month—it is very probable I was up in September, October, and November—Colville never told me that the goods were sent to the pawnshop until that letter was sent, and I had discovered it from other sources—Colville was away the longest from the 6th to the 17th September, ten days—he was away once again I think later on—I have brought here every single sale note that was sent down whether by Miller or Colville—I was present last Sessions when the defendants asked for a postponement of the trial—I never had notice to produce a single paper or book on behalf of the defendants—Colville should have given three or four days notice for a cheque for the outgoings of the London office—he was never refused one—there was only a short delay in getting a cheque signed—he could have had one for 500l. if required.
JAMES SPREADBURY . I live at Grange Road, Bermondsey—I was a porter employed by this Company—I left their service on the 6th November—I was engaged by Mr. Grffiths at a salary of 22s. weekly—I usually got paid at 1 o'clock on Saturday, sometimes by Colville and sometimes by Miller—I waited for my wages on the 21st August, until 4.30—both prisoners were there—Miller went downstairs—Colville gave me some directions, and having given me this piece of paper (produced) with numbers on it, which he took off his desk, I went down stairs and got out the floorcloth—I think three pieces—I brought them up stairs into the warehouse—Mr. Colville said they were for Mr. West who would be up with a cab to take them to Kennington or Newington—Miller was gone out 1 think when that was said—he came in and a cab drove up at the same time—I was told by Mr. Miller to put the things on the cab—no one was inside the cab—Miller went up Watling Street—the cab went in the direction of Russel's the pawn
brokers—Miller was absent about three quarters of an hour—he paid me my wages and I left—on the following Saturday, the 28th, both prisoners were in the warehouse—Miller told me to fetch up some pieces of floor cloth he had put out, which I did—he said they were for a man named Starkey—Miller and Colville were both there—I was sent out, and was absent about half an hour—when I came back, Mr. Colville only was in the warehouse, and the floorcloth was gone—soon after Mr. Miller came, and paid me my wages, and I left—I have since seen some of the floorcloth produced from Mr. Russell's the pawnbrokers; eight or nine pieces.
Cross-examined by MR. GRAIN. Miller did not always pay me my wages—I do not think Colville was away any Saturday while I was there.
ALFRED COTTON . I am manager to Mr. Russell, pawnbroker, in Fore Street, City—I have known the two prisoners for some time by pawning things at our place—Miller came on the 21st August with three rolls of doorcloth, and wanted the sum of 3l. upon them—he represented they were his property, and he was residing in Queen Street, and his name was Miller—I knew his previous address was Crown Court, Cheapside, and he said he had taken these premises in Queen Street—on the 28th he came again, and he brought six other rolls of cloth, and added them to the previous ones, making it one transaction for 10l.—a new ticket was made out, and I gave him the balance after deducting the interest—on the 21st September he redeemed one piece by paying me 30s., leaving the remainder of the transaction for 8l. 10s.—these were the pieces shown to Mr. Griffith and Mr. Spreadbury.
Cross-examined by MR. GRAIN. On the 28th August he redeemed the previous pledge, and put in a fresh one:
CHARLES JAMES . I am a repairer of billiard tables, and a billiard-marker, at 32, Marshall Street, London Road—I have known Miller three or four months—I met him on the 10th November, at Mr. Dewsbury's, at the Equestrian Tavern, Blackfriars Road—I had previously given an order for putting down some Boulinnikon floorcloth at Mr. Dewsbury's—Mr. Miller supplied the invoice (produced)—it is in his hand-writing—I received the 2l. 18s. 6d. from Mr. Dewsbury, and I went to the Boulinnikon office, 76, Queen Street, and saw Mr. Colville—I told him I had come to pay some money for goods I had ordered, and 1 wanted to pay Mr. Miller—he said you can pay me, and I will give you an acknowledgment for it, and you can come in a day or two when Mr. Miller will give you a proper receipt—I paid the 2l. 18s. 6d., less per centage, for myself for getting the order from Mr. Dewsbury—I went again two or three days afterwards, and saw both Miller and Colville—I told Miller I had come for a proper receipt, and he said "Oh, that's your little game"—I replied "I don't know about my little game," and Miller said "If you are not out of this house I'll kick you out"—Colville stood there and never said a word—I did not know what Miller was, in connection with this company; but he represented himself to be the head of the firm.
WILLIAM HARDING (City Detective). Lawley, another officer, and I went to the Red Lion public-house on the 28th December and saw the prisoners there—I told Colville I was a police officer and he would be charged with stealing nine pieces of floorcloth, the property of the Boulinnikon Company
76, Queen Street, in August last—Colville said "Yes, yes"—Lawley was with Miller and told him the charge—on the way to the station Colville said 'I am the manager at 76, Queen Street, and during my absence Miller has, disposed of some property there is a bother about"—I took him to the Bow Lane station and in answer to the charge Colville said that the company owed him more money than the stuff was worth.
FREDERICK LAWLEY (City Detective). I took Miller into custody—I told him it was for stealing nine pieces of floorcloth in August last, the property of the Boulinnikon Floorcloth Company—he made no reply—he gave me his address as 79, Stamford Street, Blackfriars.
JOHN FAWLEY . I live at 79, Stamford Street, and have for five years—in December last Miller was not living there—I had known him before about three years—three years ago he lodged at my place for five months.
Cross-examined by MR. GRAIN. Up to this time he has had his letters addressed there.
Colville received a good character, and was recommended to mercy on that account.
There was another indictment against the prisoners, for which see Third Court, Wednesday, page 396.
208. ELLEN FISHER (17) , PLEADED GUILTY to feloniously forging and uttering an order for the payment of 10l. with intent to defraud. The prisoners master gave her a good character, and stated that her father had under-taken to obtain a situation for her— Judgment respited. And
FOURTH COURT.—Tuesday, February 29th, 1876.
Before Robert Malcolm Kerr, Esquire.
211. WILLIAM SCRACE (26) , to two indictments for feloniously uttering two forged acceptances to two bills of exchange knowing them to be forged— [Pleaded guilty: See original trial image.] Judgment respited.
212. MOSES CHAPPELL (20) , to burglariously breaking and entering the dwelling-house of Mary Fairbanks with intent to steal, having been before convicted of a like offence**— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
213. THOMAS MARSHALL (20) , to feloniously forging and uttering a request for the payment of 20l. with intent to defraud. [Pleaded guilty: See original trial image.] Recommended to mercy by the Prosecutor — Twelve Months' Imprisonment.
MR. CRAUFURD conducted the Prosecution.
ELIZABETH LEVER . I keep an eel shop at 63, Hoxton Street—on 16th February, about 9.30 p.m., I served the prisoner with 2d. worth of eels—I put it in the till, where there was no other silver, and gave him the change—he ate the eels, asked for 2d. worth more, and gave me another shilling—I broke it and asked him whether he made the first one he gave me in the same place that he made the second—he wanted me to give him the large piece back, but I gave him the small piece, and he said that he would take it to where he got change for a half-sovereign—I then looked at the first one and that was bad too—he would not take the small pieces. he left them
on the counter and ran away, but I saw him later in the evening, at a chandler's shop opposite—I gave the pieces to the constable.
Cross-examined by the Prisoner. You did not give me three penny pieces fur the eels, that was earlier in the evening, about 7.30, and two women were with you.
MARY ANN PALMER . I keep a chandler's shop at 38, Hoxton Street, almost opposite Mrs. Lever—on 16th February I served the prisoner with 1d. worth of bread—he gave me 1s.—I put it in the till, gave him the-change, and be left with the bread—there was only a florin and some coppers in the till—I afterwards heard something, looked in the till, and found that the shilling was bad, no other money had been taken—I marked it and gave it to the constable.
GEORGE WEIGHT . I am a tobacconist, of 265, Old Street, about five minutes' walk from Hoxton Street—on 16th February, about 10 o'clock, the prisoner came in—he pretended to be intoxicated, asked for some tobacco, pulled out a lot of money, and gave me a bad 1s.—I broke it, gave it back to him, and asked him where he got it—he said that he had been spending about 3l. at the Britannia and got it in change—he gave me a piece and a piece to another party and left a piece on the counter—he paid me with a good half-crown—I sent a little girl for a constable, and directly she went out he cut away very sharp—I marked the pieces and gave them to the constable.
CHARLES COLLINS . I keep a fish shop near Hoxton Street—on 16 February about 11 o'clock or 11.30 p.m, the prisoner came in and took two three-penny haddocks—he gave me a shilling, I gave him the change and he came back and brought two more and gave me another shilling—I said this is a bad one he took it out of my hand gave me a good sixpence and out he went—I found a bad shilling among the silver but I cannot swear that it was the same—I handed it to Golding who was in my shop.
THOMAS GOLDING . I am a watch maker of 35, Pearless Street—I was in Collins shop on 16 February and saw what took place—I followed the prisoner about 500 yards, accused him of passing counterfeit coin and gave him in charge Collins handed me a bad shilling I gave to the constable.
HARRIET TAYLOR . I keep a. beer house at Charles Square. Hoxton—on 16th February from 10 o'clock to 10.30, the prisoner came in for some bread and cheese and gave me a florin I passed it to my brother who gave me four sixpences and put it in his pocket—the prisoner then called for two cigars and gave me another florin, I gave it to my brother and the pot-man came round and said "You have taken a bad 2s. piece" he took the second coin from my brother's hand, and found it was bad, and passed it to the constable.
BENJAIMAN BRADY . I am the brother of the last witness—I was in the parlor on 16th February when she brought me a florin to change; I gave her four sixpences and put the florin in my pocket, I had other silver there—my sister afterwards brought me another florin which was bad—the potnian took it and went after the man—I then examined the money I had in my pocket and found a bad florin, I gave it to the potman.
WILLIAM DICKENSON . I am potman to Mrs. Taylor—I came in while the prisoner was there and saw him put down a florin for the cigars—I afterwards took it out of Mr. Brady's hands and went after the prisoner—I saw him but while I was talking to a policman he disappeared—I went back to the house and Mr. Brady gave me another florin—I marked both florins and handed them to the constable.
RICHARD NURSEY (Detective Officer N). I received these two florins from Dickenson, and when I went back to the station I found the prisoner in the deck—I believe he was sober—I gave the florins to Ennis.
JOHN ENNIS (Policeman N 26). On Wednesday night Golding gave the prisoner into my charge—I told him the charge was passing two bad shillings—he said "I have no bad money, I have plenty of good money"—I found on him 3l. 16s. 2d., some cigars, and some tobacco, with "G. Wright, 265, Old Broad Street," on it—I received a bad shilling from Wright, two from Lever, and one from Golding, and these two (produced) from Nursey.
Prisoner's Defence. I don't know how I came by them; I changed two half-sovereigns playing at skittles.
He was further charged with a previous conviction of felony in July, 1869 to which he
LEADED GUILTY**— Two Years' Imprisonment.
MR. REED conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.
GEORGE THOMPSON . I am a teacher of music, at 367, Cambridge Road—on the 17th February, about 6 p.m., I was in Old Ford Road—I had a watch attached to my button-hole, so that anyone could see it—I heard footsteps behind me, and turned round, but saw nothing of consequence, but I was suddenly pinioned behind—I turned round and saw the prisoner and another man on my right, and another on my left—one of them snatched my watch and chain, and the prisoner immediately dragged me down—as soon as I got up I cried out "Stop thief! I have lost my watch"—a detec tive followed the prisoner, and I never lost sight of him till he was captured in Sugarloaf Alley—I am positive he is the man—my watch and chain were worth five guineas.
Cross-examined. It was just about dusk—the prisoner was captured seven hundred or eight hundred yards from the spot; he had to turn two corners, and I lost sight of him while he was turning them, but when I turned I saw the detective with the prisoner in front of him.
CHARLES BANKS (Policeman K). On the 17th February I saw Thompson going along followed by two men, one of whom was the prisoner, who took hold of his arms, pinioned him, and knocked him down; they both ran away, and the prisoner ran towards me—I pursued him thirty or forty yards, and round the museum through Sugarloaf Court, where he was stopped at the end by a constable in uniform—I got up to him, took him in custody, and told him he would be charged with stealing a watch—he said "I haven't got the watch"—I searched him at the station, but only found this sack (produced).
Cross-examined. He had run a quarter of a mile at the outside—he only turned one corner, unless you call the Museum railing a corner.
ABSOLOM WATCHAM (Policeman K R 31). I heard a cry of "Stop thief!" about 6 p.m.—I ran into Sugarloaf Passage and met the prisoner running very fast, closely followed by Banks—I stopped him and told him that somebody wanted him—he said "Not me, I have not got the watch"—the prosecutor came up very much distressed and gave the prisoner in charge.
Cross-examined. It is 100 yards, as near as I can say, from where the robbery occurred to the place of capture, or it may be 120.
GUILTY . He was further charged with a previous conviction at Ilford in May, 1873, to which he
PLEADED GUILTY— Eighteen Months' Imprisonment
MR. AVORY conducted the Prosecution,
ANN BROWN . I live at 32, Brunswick Street, St. George's—Eliza Wilson lives in the same house—on a Thursday in January, a little after 1 a.m., I was standing at my door talking to Eliza Wilson, and the prisoner came up and asked for Sarah—she said "She is not in"—he called her a d—d lying scoundrel, and I saw him strike her; she fell, and called out that she was stabbed—she was carried upstairs bleeding from the left side—I saw nothing in his hand.
Prisoner. I wish to know how I was struck here (showing a wound on his head)—I went and inquired where Sarah, who I was living with, was, and she pushed me away—I was cutting up tobacco with a knife and she cut herself—I paid on Wednesday night for a week's stoppage in the house, for living with the girl for a week
Witness. He had been living there with the girl, but I do not know whether he had paid 5l.—I do not know whether he was struck on his head—I mean to say that he came up with a knife and struck the young woman deliberately in the side.
ELIZA WILSON . I live in same house as the last witness—I was standing at the door talking with her, and the prisoner came and asked for Sarah Bentley—I said "She is not at home"—he called me a d—d lying cow, and struck me in my side with a knife, and I fell.
Cross-examined. I do not know how you got that cut on your head—I did not run against your knife—I was standing at the door—I have never had any quarrel with you—the girl was not at home—I did not see you with any knife or any tobacco.
ISAAC MILWOOD (Policeman H 243). On the 28th January I heard cries of "Murder!" and "Stop thief!" and saw the prisoner running—I ran after him about 400 yards and stopped him—he threw down this knife (produced)—I took him to 32, Brunswick Street, where I saw the prosecutrix bleeding from her left side—I told the prisoner I should take him custody for stabbing a girl—he said "Yes, I did so; I suppose I shall be strung up for twelve months"—he had a fresh cut on his head, but how he got it I no not know.
The Prisoner. That is false.
THOMAS HOWELL . I am house-surgeon at the London Hospital—I examined the prosecutrix there; she had a clean cut wound beneath her left breast—it did not turn out to be dangerous. The Prisoner. I did not stab her.
By the Jury. It would make no difference in the wound whether she ran against the knife, or the knife was run against her.
Prisoner's Defence. I left my ship and got into the company of a young woman who lived in the same house as the prosecutrix; I had been drinking very heavily, and was going to the house as usual when the prosecutrix stopped me in the passage and asked me where I was going. I said upstairs to see my young woman; she pushed me out. I tried again and she pushed me out again; I became very excited; she closed with me, and we had a
scuffle together. I had a knife in my right hand, and a cake of tobacco. in my left which I was cutting up for smoking and without any intention of stabbing; she got wounded in the scuffle. A man came out and struck me with a heavy laden stick and knocked me down in senside. As soon as I recovered I ran away, and the prosecutrix called "Stop thief!" NOT GUILTY .
ALFRED EDMONDS . I live in Castle Street, Long Acre—on Saturday,. about the middle of February, I was coming out of a public-house by myself, and the prisoner came up and took my watch from my pocket-) asked him for it, he said that he had not got it and never had it; I collared him; he hit me on the eye and knocked my teeth out, but I never let go of him—I called out and saw his hand go to one of his mates, but I could not see the watch in it; a policeman came up and I gave him in charge—the as was alight.
Cross-examined. I went into the public-house, about 11.50, and came out again in ten minutes—four others were with the prisoner—I had only been in one other public-house, and had 2d. worth of whiskey with a friend.
Re-examined. I was not drunk—I am sure it was the prisoner—my chain hung outside.
ALFRED LEWIS (Policeman). Edwards gave the prisoner into my custody—they were both lying on the pavement—they fell at the public-house door—I saw them fall—the prisoner made no answer to the charge—the prosecutor had been drinking, but he knew what he was doing.
Cross-examined. I did not see the watch handed from one to another, but there were a lot of thieves and prostitutes on the pavement.
GUILTY — Twelve Months' Imprisonment.
OLD COURT.—Wednesday, January 1st, 1876.
Before Mr. Baron Cleasby.
MR. STRAIGHT, on behalf of the defendant, before plea, applied to THE COURT to quash the inquisition on the ground that it did not contain the true finding of the Coroner's Jury. What they had found was that the parties guilty of the alleged manslaughter were the "owner or owners" of certain property by whose negligence the deceased was said to have met her death. The Coroner, from subsequent inquiries, had inserted the name of the defendant in the inquisition as the supposed owner of the said property, and upon that state of facts he contended that the inquisition was bad in the substance of the charge and ought to be quashed. Mr. Baron Cleasby was of opinion that he could not dispose of the matter in the preliminary mode suggested. The inquisition on the face of it was regular, and there was nothing to show that it was not properly and intentionally signed by the Coroner and the Jury whose names were appended to it.
The defendant PLEADED NOT GUILTY.
MR. COOPER, for the Prosecution, then offered no evidence, and the defendant was acquitted.
(For other cases tried this day see Surrey Cases.)
NEW COURT.—Wednesday, March 1st, 1876.
Before Mr. Justice Groves.
MR. ST. AUBYN conducted the Prosecution; and
MR. IILLET defended Smith.
DAVID PITKIN . I am a seaman, stopping at the Sailors' Home, Wells Street—on 26th February, about 1.40a.m., I was in the Commercial Road, and the prisoner Brown put his hand in my pocket; I pushed him away—I am a German—Smith then came and took me by the throat, and knocked me down on the stones—I missed 2l. 15s. from my pocket.
Cross-examined by MR. LILLEY. I was sober—I have kept sober all the time I have been a sailor—I bad been for a walk—I had no ship at that time—you can go into the Sailors' Home at any time of night you like; the door-keeper is there—I had been with my two shipmates to one public-house, but only one; that was at 10 o'clock—I had left the Home about o'clock, after dinner—I had been walking from 4 till 10 o'clock—I had never seen either of the prisoners before—I have a mark here where I was knocked down—I saw my money in the public-house—I treated my shipmates—I treated myself to a drop at the same time.
By THE COURT. I left the Home about 4 o'clock, that was the day before—I walked about till 1.40 the next morning—I was going from one ship to another, trying to get a ship—the Docks close in London sometimes at 10 and sometimes at 11 o'clock—I do not know at what time the East India Docks close—you can sleep whenever you like at the Sailors' Home—if you go to bed at 4 o'clock, you. sleep on as long as" you like.
JOSEPH WHITING (Policeman H 254). On 26th February, I was on duty in the Commercial Road, and heard a cry of "Murder" and "Police"—I ran and saw the two prisoners running away—I followed them, and stopped Smith first, and then Brown—Smith broke away from me, and I detained Brown—I asked him what he was running for, he said "Nothing"—I took him to the bottom of the court where we met the prosecutor, who said "That man has robbed me."
Cross-examined by MR. LILLET. The cry seemed to proceed from 200 yards from where I was standing—that is the main thoroughfare—all the shop lights were out; but a publics-house there burns lights all night long—I caught Smith by the collar as he tried to run past me in the court—they ran out of High Street into the court—we had a struggle and he broke away—that was the only opportunity I had of seeing him—I had never seen him before.
GEORGE WITHEY (Policeman H 213). I was on duty in Commercial Street at 1.40, and saw Smith running—I stopped him and asked him what he' was running for—he said "Nothing"—I got him on the ground and a cab-man came galloping up the street and said, in the prisoner's presence, that a sailor had been knocked down in Whitechapel Road; that another police-man had taken a man to the station, and Smith was his mate—Smith made no answer to that—I took him to the station; the prosecutor was there, and said that is the man who knocked me down.
Cross-examined. The cabman drove away—I did not take his name or number—Smith made a butt at me, and we were both on the ground, and I was holding Smith by his cravat. Brown's Defence. I never saw the prosecutor before in my life; the
policeman knows that I was not near the man. I had just left a young girl and was going up the court. The man was very drunk at the station, and did not know what he was saying. He said that he had lost 3l.
JOSEPH WHITING (re-examined). The prosecutor was as sober as I am he did not say that he had lost 3l.—8s. 1d. was found on Brown, and 6s., or 7s. and a knife on Smith—I searched the place where the scuffle was, but found nothing—no one else was running; no one was near.
BROWN was further charged with a previous conviction at Clerkenwell in December, 1873, in the name of George Grey, to which he PLEADED GUILTY**— Seven Years' Penal Servitude. SMITH— Eighteen Month's Imprisonment.
MR. DOUGLAS conducted the Prosecution.
BARNABAS RILEY . I am a tobacconist, of 278, High Street, Poplar-on the 26th February, after 10 o'clock at night, I was at the Iron Bridge public-house, Barking Road, with a friend—I saw the prisoner there doing sleight-of-hand work and different kinds of tricks—I have known him by sight many years; he is what they call a sharper—he is not a particular friend of mine, but he made himself an acquaintance—I serve thirty or forty public-houses—I had had more drink than was quite right—I went out of the public-house, leaving him there, but he was very quick after me—he ran after me as hard as he could with a little man about 5 feet high—I ran into Mr. Forsyth's shop, and remained there till I got him to go home with me and bring a little bit of a truncheon—the prisoner had not spoken to me nor I to him—we had to go 600 or 700 yards to my house—we were talking, and I did not see the prisoner—Mr. Forsyth left me at the bottom of Robin Hood Lane, and I went on alone—I opened my side door with my latch-key, and as soon as I had done so the prisoner said "Ain't you going to bid us good-night, old chap?" and he threw me down with one hand and to ok my watch and pocket-book—my wife and my boy spoke to me at my door, but I did not go in; I ran to the police-station with as much strength as I had left—I could not speak, but I was told something—my pocket-book was returned to me next morning, but I have not seen my watch again.
Cross-examined by the Prisoner. I went to my friend to take me home, I being rather in liquor—I did not stop to see whether you were following us—if you stole my watch and pocket-book I cannot say how my pocket-book came to be found at the public-house.
HENRY DIXON . I am a labourer, of 12, Leicester Street, Poplar—on the night of the 6th January, between 12 and 1 p.m., I was standing with Lovesey outside Mr. Townsend's, High Street, Poplar; that is about a mile and a quarter from the Irion Bridge tavern—I saw Riley pass me, and saw the prisoner and a man with a black eye—I said something to Lovesey and took notice of them—I saw them cross the road—I followed them; they went to Riley's door, and both got close to the door—Riley went in soon afterwards, and then the two men ran away, and Riley came out and holloaed "Stop thief!" and they both ran towards Bow Lane—they might go that way to the Iron Bridge, but it is a long way—when Riley called out a policeman ran up, and I said "You are just too late"—when they ran away I was so surprised that I had not time to do anything.
Cross-examined. You were 20 yards behind Riley on the same side
—I saw Riley's Albert chain hanging on his waistcoat; he was smoking a pipe—I might have got stopped myself if I had stopped you.
HENRY LOVESEY . I live at 6, Surrey Place, Poplar—I was with Dixon standing outside a beer-shop, and saw Riley coming along and the prisoner and another man following him behind—they crossed the road after Riley, who unlocked his door and went inside, and the moment he got inside he made some answer—the prisoner then said "Come on," and they ran up Poplar—I was only following them two or three seconds.
Cross-examined. His coat was open and I saw that he had a watch, and thought you were going to steal it—I did not run after you because the last I stopped in Poplar I got my nose broken, but I got a reward of 10s.
HERBERT KERSEY . On 27th February, at 7.25 a.m., I found this pocket-book just opposite the Aberfeldie Arms, in a field—that is near the Iron Bridge—I gave it to Riley, it was open—nothing was in it, but the bills were strewed about by the side of it; I picked them up and put them inside. B. Riley (re-examined). This is my pocket-book—Kersey gave it to me.
GEORGE QUANTRELL (Policeman). On 26th February, about 11 o'clock or 11.30, I was near the Robinhood, Poplar, and saw Riley and another gentleman—the prisoner and another man were following, 20 yards behind them, in the direction of Riley's house—I did not watch them as I had no suspicion—I have been looking for the other man, but have not been able to find him.
Cross-examined. I did come and give evidence next morning, because I had no orders—I know when I saw you that you were charged with this offence—I mentioned it to the inspector, and I attended at the police-court, but was not called.
Re-examined. I heard of his being apprehended on Friday morning—I did not go to the police-court on Saturday, because I was not warned to go—I did not go till Monday.
CHARLES MATHAM (Policeman K 432). I was on duty in High Street between 11 and 12 o'clock, and saw Riley, who told me he had been robbed of his watch—he gave me a description—I turned on my light and found this bow of a watch just by Riley's private door.
B. RILEY (re-examined). I cannot swear to this bow, but my watch had a similar bow.
WILLIAM BACK (Police Inspector K). On 27th February, about 12.20 ton., Riley gave me a description of the men who had robbed him—I looked for the men and went to Kelly Street, with two policemen at 12.30, leaving two others in the street—I found the prisoner in the back room, just sitting down to supper and told him the charge—he said "What date was it?"—I said I do not remember—he said that he would go to the station with me—he put his shoes and stockings, and as soon as he got to the door he pushed the policemen down and ran down the street as fast as he could—I called out and one of the policeman stopped him—he was taken to the station, and after the charge was read over he said "If I had known it was this I should not have bolted"—I said "What did you think?"—he said "I had a man for a sovereign this morning"—I searched him, but found nothing—he had this sleight of hand trick (produced) in his pocket.
Prisoner's Defence, I do not disown being in the public-house, because I am there everyday; I might have been seen going home; I was described as a man with curly hair, and they said "Let us go and inform against him, and get paid for it. "When the first man was examined, Mr. Paget said. "What
do you know about it?" He said "Not much; I saw the man run I believe he stole the watch," and then he looked rouud to know what he was to say next. The fact is he was too drunk to run after me; I know nothing about his pocket-book or what he has lost; he gave quite a different account at the police-court.
GUILTY . He was further charged with having been convicted of felony all Chipping Wickham, in August, 1873, to which he
PLEADED GUILTY * —Seven Years' Penal Servitude.
THIRD COURT.—Wednesday, March 1st, 1876."
Before Mr. Common Serjeant.
221. LUTHER JOSEPH BURNETT (35) , PLEADED GUILTY to stealings on the 11th September, money to the amount of 1,514l. 15s. 1d., and on the 14th September six books belonging to his masters, Messrs. Drummond. The prisoner received an excellent character and was recommended to mercy — Judg ment respited.
222. ELIZABETH CHARLTON (24) , to unlawfully committing wilful and corrupt perjury. [Pleaded guilty: See original trial image.] Strongly recommended to mercy — To enter into her own recognisances in 50l., to receive judgment if called upon And
223. WILLIAM JOHN PAINE (21) , to stealing various sums of money from his masters, and to being previously convicted on the 9th June, 1873, at this Court, of felony— Two Years' Imprisonment. [Pleaded guilty: See original trial image.]
224. JOHN COLVILLE and JOHN MILLER were again indicted (see page 384) for stealing, on the 27th October five rolls of floorcloth and 250 yards ditto, the goods of the Boulinikon Floorcloth Company, thier masters. Semi Count—charging MILLER as employed in the capacity of a servant.
MR. BESLEY and MR. COOPER-WYLD conducted the Prosecution; and me.
JAMES SPREADBURY . On the 27th October, rather late in the day, the prisoners and a third person were present—Miller told me to fetch up five rolls of floorcloth, irrespective of pattern, from downstairs for Mr. Starkey; he is an old customer—I was assisted by Mr. Miller in getting them up—Miller told me to fetch a porter and I fetched Jones—he put three of the rolls on his barrow, I think, with the assistance of some one outside—Miller and Colville saw this—Miller then sent me on an errand, but I stood at the corner of Watling Street so that I could see, and the goods were taken across Cannon Street, which is not in the direction of Starkey's—when I returned the porter was there waiting to be paid for. his job—the next morning I saw the third person who was in the shop the day before at the door—afterwards Miller came and asked me if I had seen him, mentioning his name—I answered "Yes," he had gone to Lombard Street to Martin's Bank—Miller said something about"30l. for the beggar yesterday, he is trying to do me," and that he would go after him—he did go and when he returned I asked him if he had seen him—he said "Yes, I caught him at the bank and put my hand over his shoulder and took some of the money that had been paid him"—I have since seen the five rolls of floorcloth at Dowgate Wharf Cross-examined by MR. MATHEWS. I was not discharged, I gave Mr. Colville notice to leave—I was not told these five rolls were for Mr. Crossley, I supposed so—Mr. Crossley was a customer to a small extent—Mr. Crossley did not help me to get up the five rolls, he stood by the while—he
was the third person—I thought there was something wrong, but did not mention it, because I did not think it would be fair either to Mr. Miller or to Mr. Colville—Mr. Crossley gave me 1s. two days afterwards for bringing up the goods—Mr. Starkey was a customer of the company—ten rolls were set aside for him before this time when Miller, Crossley, and myself were present—they were marked with his initials, and were, I believe, part of some surplus stock—I believe they never were moved by Mr. Starkey, some of them are there now—I am employed by the company now—Mr. Griffiths told me I might be—it was not on my own application—I was away about five or six weeks from a fortnight after Christmas—it was after I made this communication that I was taken back—I once had a public-house under my control for four or five months, but not getting any money to pay the brewers and distillers I left it, and my brother carried on the business—I did not leave a good many debts behind me—my brother paid the little I left—when engaged by this company I had no other reference as to my good character except my indentures of apprenticeship—Mr. Griffiths has been my employer throughout.
Re-examined. The ten rolls was not the same transaction—I was in the service some days after the truck had gone away to Dowgate Wharf and I saw the ten rolls still in the possession of the company, I think, but I am not quite sure—I fancy about two of them were among the five—I have been to Dowgate Wharf and seen them there—I appeared as a witness at the police-court—I gave Mr. Griffiths all information at the same time in the middle of December.
WILLIAM JONES . I am a porter—in October last year the last witness came to me at the Mansion House—I went to the Boulinikon Company in Queen Street—I took two rolls of cloth to Bedford Row and three to Dowgate Wharf, two journies—I did not see Colville at first, but when I came back for my money I did—Miller paid me 3s.—he told me to take the goods.
Cross-examined by Miller. I cannot remember the name at Bedford Row—I took two pieces there and five to Dowgate Wharf—I went twice to Dowgate Wharf—I did not take the five rolls anywhere else before taking them to Dowgate Wharf, nor any portion—of them—a gentleman came down to Dowgate Wharf, but I do not know if it was Crossley.
Cross-examined by MR. MATHEWS. I do not know that any goods were set aside for me—I have received an invoice for something like 60l. or 70l., but never saw or had the goods.
Cross-examined by Miller. I never told you to invoice ten pieces to me and not to send them—the Bouliuikon company did cover the Red Lion Hotel for me as per written order, but it was not out of the portion set aside for me to my knowledge—I received the invoice about a fortnight afterwards, the latter part of the year.
THOMAS GRIFFITHS . Colville sent down every day advices to Manchester of sales made in London—I have his letters from the 27th October, inclusive, there are fonty or fifty—there is no trace whatever of the five pieces of cloth—there is no reference to the name of Crossley or Starkey—I have been since to Dowgate Wharf, where I have seen those five pieces—I recognise them as the company's property and missing from the stock—this (produced)
is the delivery book kept in London—there is no trace from the 18th to the 29th October in it of this property—this (produced) is the day-book, in it there is no entry of the five pieces—I made a discovery in December and sought out Spreadbury, who gave me some information—I went to Dowgate Wharf on the 18th, a Saturday—the prisoners have not disclosed this transaction to me in any way.
Cross-examined by MR. MATHEWS. I have looked throughout the books—I never knew Mr. Crossley was a customer of the company's until investigating these matters—I did not tell Colville that he might invoice goods on—I did tell him to push the business and allowed him a commission up to 15 per cent.—I never heard from Colville of Crossley.
Cross-examined by Miller. I have lost the other book on Monday last in which goods are entered that are sent out—Colville and I went to Mansion House Buildings together to look for Mr. Crossley—I retract what I said about never having heard Mr. Crossley's name—it was not to ascertain from him the mode of invoicing goods that I went to see him—we have had dealings with Hancock, of the Royal Promenade, Bristol—I do not know that goods have been entered in like manner that have been sent to Mr. Cooper, of Harley Street—I lost the book mentioned here when before the Grand Jury—it was a rough memorandum book in which the prisoners used to enter sales of goods in the first instance—on the 18th I mentioned the goods to Colville, and he took me to try and find Crossley—when he told mo Crossley had had these goods he did not say upon what terms—he said the goods had gone to the Mansion House Chambers—I had told him before this that they were at Dowgate Wharf, and I wanted to know to whose account and he said Crossley's—we went out on the Saturday about 2 o'clock to find him, but could not—I looked right through the book I have lost to check the sales—sale notes were not sent to Manchester recording the fact of the sale—I have a note word for word copied into my note book from the one I have lost. (It was handed in and read: it referred to certain lengths and patterns of cloth, on October 27th, Francis Crossley.) The intimation given is that Francis Crossley would be responsible for those goods, but not necessarily so. There may be an entry in that book of goods not sent out, but not to my knowledge—a label was pasted on the book to tell the purpose for which it was intended, i.e., Maple & Co., such and such goods sent out—we only assume that where there is an entry of goods they have been sent to whose name appears—I did go to Mrs. Colville on the 18th December and say,"I blame Mr. Colville for having dealings with Mr. Crossley"—I wanted to know if he knew Mr. Crossley—I had a letter from Robert Crossley & Son before engaging Mr. Colville—I believe of Halifax—Mr. Grove did tell me he had 400l. per annum settled on him—we should certainly not be pleased to sell him 500l. worth of goods to-day upon the usual dealings in the trade—the goods are entered in the book I have lost simply as a memorandum—we have not made a claim for them to anyone except the wharf—the goods are warehoused to Jones, Tindall & Grove, solicitors.
By MR. MATHEWS. I have not told Mr. Grove that I would take criminal proceedings against him if these goods were not given back—he told me the goods were held to the order of his firm as against Mr. Crossley for the money he advanced against them—Spreadbury is in our employment at this moment—he was taken back about a fortnight after Christmas—we had him back because he knew the customers—his wages
were 22s., the same as originally—Mr. Colville had not to travel a great deal out of England; three times a year—he had selected his own time for going.
Re-examined. This (piece of paper produced) is all that appeared in the book which is lost—it was simply a memorandum book, in which was entered Dames of persons upon whom he had called; purchasers would go into the day-book—I discovered afterwards that Carey & Co. was the way in which goods had been entered to Crossley—I did not know Crossley's name until this transaction—no money has been paid with regard to a previous transaction with Crossley for goods entered here by Colville; a bill has been dishonoured—as regards Carey & Co., I did not know Crossley had anything to do with Carey & Co.—it was my own discovery that led me to speak to Colville about goods in the name of Crossley—I said to Colville" I have found five rolls of cloth at Dowgate Wharf, and I mean to get to the bottom of it," and I wanted to know how they got there—he said "Francis Crossley they were for"—I said "Where delivered"—he said "to the Mansion House Chambers"—I went there and saw the housekeeper, but I did not see Crossley; Colville went with me—the housekeeper said Francis Crossley had not an office there—he believed he had a friend who took his letters—I said "Were any goods delivered here?"—he said "Certainly not, nothing but letters or small parcels of any kind"—I went into the office to make enquiries, and when I came out Colville had gone.
A. J. Griffiths. I am a clerk at "Dowgate Dock"—the witnesses have made a mistake; it is a different place—on the 27th October, we received five rolls of floorcloth under this order—they are at the Dock at the present time. (Read: "Alfred Jones, Tindall & Grove, 7, Queen Street, Cheapside, London, warehouse and hold to our order, five pieces Boulinikon floorcloth.") John. Grove. I am a member of the firm of Jones, Tindall & Grove—this is an order from the firm—it was written sometime in the afternoon of the 27th October—I did not see the goods before they were put in Dowgate Dock—I knew they were going there for me—I have known Miller about fifteen years—I saw him at my office on the 26th with Mr. Crossley—I advanced to Crossley a cheque for 14l. (produced)—it was the 27th I saw Miller; I made a mistake—Miller and Crossley were both there—Crossley told me he had purchased this floorcloth of the Boulinikon Company—he had a long credit for them, and did not want to execute the order at once—he said his father was ill in the north, and was very hard pushed for money, and wanted to go down there—I did not want to do anything in the matter, but both Miller and Crossley urged me, and I advanced him 20l.; 6l. in cash and this cheque—I do not think that was in the presence of Miller—I got a bill from Crossley; it is at my office—the amount is 25l.; and before I parted with the money, I had the cloth at Dowgate Dock to my order—I do not remember the amount, but I think the goods were invoiced at between 30l. and 40l.—Mr. Crossley showed me the invoice when he came afterwards—I could not tell you who proposed there should be a bill of exchange as well as the actual security of 30l. worth of property—I do not know where Mr. Crossley is; I should be very glad to know—it is two or three months since I saw him—the bill of exchange was due about the middle of January; it was dishonoured.
Cross-examined by MR. MATHEWS. I have seen Mr. Griffiths two or three times—it was suggested no proceedings would be taken if the goods were given up—I did not feel justified in giving them up—it appeared a bond
fide sale had been made to Crossley, and I had no reason to suspect either Colville or Miller.
Re-examined by MR. BESLEY. I have not been instructing counsel for the defence of Miller or Colville—I instructed Mr. Mathews on my own behalf, I have not been paid for acting professionally for the Boulinikon Company. Miller's Defence. Mr. Francis Crossley was in partnership with his father, Robert Crossley, as carpet manufacturers, and Mr. Colville was their representative for a number of years—the business ultimately was converted into a public company, and then Mr. Crossley retired upon his portion of the money—in the month of September he had a transaction with the Boulinikon Company for five pieces of floorcloth, making six in all, as Carey& Co.—after that he came to the warehouse and represented he had sold to a man in Antwerp five pieces—they were duly entered and an arrangement made that they should not be invoiced until January, 1876—they were entered into the book unfortunately lost—Crossley assisted Spreadbury in removing them from the cellar to the street—a porter was sent for—I did not send for him, and the barrow broke down, each piece weighing about 3 cwt.—I went myself in search for a cart, and when I returned the goods were removed—I did not know at the time whether they were taken to Mansion House Buildings or Dowgate Docks—as to going to the Bank the next morning, I never did, and never received 1s. from Crossley for those goods—as regards my stating to Spreadbury there were five pieces wanted for Starkey and he was not particular to pattern, that was not true, espe-. cially when there were pieces put away for Starkey and the numbers marked outside, the lengths and numbers and the initials of Starkey—the memorandum book in which they are entered is as large a book as one produced (the day book)—in it there are large amounts of goods—some I sold myself, and I never received one halfpenny from Crossley or any other person. COLVILLE NOT GUILTY. MILLER— GUILTY — five years' penal servitude.
FOURTH COURT.—Wednesday, March lst, 1876.
Before Robert Malcolm Kerr, Esq.
225. GEORGE KING (17) and JAMES FRANKLIN (17), PLEADED GUILTY to breaking and entering the warehouse of William Charles Straker and stealing one pair of gloves, two coats, and other goods, his property— Judgment respited.
MR. GRIFFITHS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
WILLIAM HARRIS . I am twelve years old, and live with my uncle, Mr. Stokes, at the Pearson Arms, Pearson Street, Kingsland—my uncle sent me on Saturday night, the 29th January, to get ten sovereigns changed into silver—when he gave me the money I was at the bar parlour door—there were plenty of people in the bar—I went with the money down Pearson Street to a little chandler's shop opposite the Rutland Arms and got 6l
changed into silver—I did not get the 4l. changed—I put the silver in my right hand pocket and the gold in my left—I was going back to the Pearson Arms when two men came up to me—the prisoner is one of them—I had not seen him before that night—I am sure he is one of them—I could not see till he got the money and let go of me—the men came up to me, at the corner of Nottingham Place, which is a dark place—one of them took off my hat and threw it up Nottingham Place—I went after it and one of them followed me, and when I was looking for it he said "Here it is"—I could not see it and he threw it up further—I went after it—he said "Here it is," and I went to look for it and he put his arm round my neck—he did not hurt me then—there was a wall there—I called "Murder!" and another man ran up—one put his hands over my mouth and eyes and another pulled my hand out of my pocket and put my finger in his mouth and bit it—I have got the scar now (showing it)—one of the men put his hand in my pocket and pulled out the gold—a gentleman opened his window opposite—they bruised my eye by squeezing me like this (describing)—it was black the next day and was bad for almost a week—they pushed me down and when on the ground struck me in the face—they began, to run away—I jumped up and followed them close up—I wasn't more than 6 yards away from them and never lost sight of the prisoner—a lot of boys ran up and asked me what was the matter, and then Green, my uncle's potman, came up—I pointed out the prisoner and touched him and Green took him into custody—I am quite sure he is the man.
Cross-examined. I don't know who bit my finger, my eyes were covered until one of the men began to run away—I had no opportunity of looking at him.
Re-examined. I saw the prisoner's face on getting up and I am quite sure he is the man.
WILLIAM HATTON . I am a tailor and carry on business at 2, Nottingham Place—about 8 o'olock on the night in question I heard a boy screaming and immediately threw up my window—I saw one man get up and run off and observed the boy struggling with another man and he screamed out" They are murdering me and taking a lot of money from me"—it was too dark for me to see the man's features—it was foggy.
By THE COURT. I went down to help the boy immediately, when I got down the man was running and the boy after him—I gave chase as well, but I have very bad health and was not able to keep it up—I could see a person almost to the end of the street; quite 6 yards—it was not too foggy for that, I could see him across the road.
Cross-examined. I believe I said at the police-court that it was a foggy night—I cannot recollect whether I said "very" foggy—I believe my words were "It was a foggy night."
ROBERT GREEN . I am potman to Mr. Stokes who keeps the Pearson Arms, about 8 o'clock in the evening of the 29th January some boys came in and told me something in consequence of which I went towards Notting-ham Place—I followed the boys who gave the notice and caught the prisoner about the middle of Parker Street—the boy Harris was following him—I said "Is this the man?" and he said "Yes," and some of the lads who were following were calling "Stop thief!"—I took him by the collar and brought him back to the Pearson Arms—I did not take notice of the fog.
Cross-examined. I don't know whether the prisoner had his hands in his pockets—he was walking sharp, I would not swear that he was not walking along with both hands in his pockets, it was rather foggy.
He also PLEADED GUILTY to a previous conviction on the 15th June, 1874, at Clerkenwell**— Ten Years' Penal Servitude, To be twice flogged at an interval of a month; on each occasion to receive twenty lashes. The Court ordered a reward of 51. to be paid to the boy William Harris.
MR. SIMS conducted the Prosecution; and MR. M. WILLIAMS the Defence,
GUILTY — Twelve Months' Imprisonment.
MESSRS. BESLEY and PEILE conducted the Prosecution; and Messrs. M. WILLAMS and FRITH the Defence.
JOHN TUCKER . I carry on business with one partner at 9, Mincing Lane, under the firm of the National Bonus Tea Company—Mr. Arthur Ward was employed by us to get orders—about the 19th November we had a communication from Ward, which I believe was in writing; it was for six half chests of tea—I sent forward an invoice, and got this acceptance from the prisoner (produced)—I can identify the writing, having seen him write—this is a portion of the invoice that I sent him in a letter with a draft for him to accept, and I received back the bill accepted as it now is—I don't know when I first had a personal interview with him; it was before the 6th January—nothing of importance transpired—the bill was not due before that—I received this letter on the 4th December—I believe it is in the prisoner's handwriting—it is misdated by accident the 3rd November; it came to me on the 4th December. (Read: "No. 2a, Ponsonby, Bessborough Gardens, Pimlico, S.W. 3rd Nov., 1875 (? Dec). Messrs. John Tucker& Co. Gentlemen,—Will you have the kindness to acknowledge our acceptance of your draft for 20l. 6s. 8d., and say if you can supply a more superior class of teas in packet If you can, please reply by return of post, as we have inquiries for some; also for coffees. Yours faithfully, ho, McDonnell & Co.") I replied to this, and on the 6th December received this letter from prisoner, which I believe to be in his handwriting. (This acknowledged the receipt for acceptance, and contained an order for certain quantities of tea.) On the receipt of that letter I directed Mr. Ward to call upon the defendant with some labels—the order contained in this memorandum was executed by the Thursday mentioned—this is the original invoice, 24l. 8s. 9d. (produced), and this is the draft we forwarded for his acceptance, which he returned to us—I believe it is in his hand-writing, and it was accompanied by this letter. (This acknowledged the receipt of the invoice, and inclosed the acceptance for 24l. 8s. 9d., Signed "No. McDonald & Co.") The 20 1/2 lbs. are struck through in the invoice, but not by me or my partner—it went forward without that line being drawn through the last item, and the amount is represented by the bill of exchange—I saw the defendant some time before the 6th January at my office, 9, Mincing Lane, but nothing of importance transpired—we addressed all our documents to Messrs. McDonnell & Co.—I did not know anything at all of Macdonald & Co.'s bakery and confectionery, Newhampton—on or about the 6th January defendant called at my
office, when, in the course of conversation, he said that the 2s. 1d. tea sent him on the morning of Thursday according to his order had not given satisfaction to his customers; would I supply him with a superior article at an advanced price? the price he suggested being 2s. 6d. a pound, and he then gave me instructions to forward to Ponsonby Terrace 12 lbs. in 1lb. packets at that price, which were sent to him a few days afterwards——the value was 1l. 10s.—at the same time I expressed sorrow that the tea had not given satisfaction to his customers——I afterwards went to the warehouse of Mr. Thomas Layland, of 29 and 30, Botolph Lane, where I saw a quantity of the packets of tea I had sold to the prisoner——I bought a pound packet, for which I gave is. 9d——the price at which I had sold it to the prisoner was either 2s. 1d. or 2s. 4d.; I cannot say which in consequence of the pencil marks being erased——I got particulars of Mr. Layland of the exact quantity of tea in his possession, which corresponded with the quantity of the second lot I had parted with, with the exception of 20 lbs., the line pointed out to me just now as being erased, and three other pounds—on the 22nd or 23rd January I received this letter from the prisoner (produced) asking me to renew the bill—about the 25th January the first bill was returned to me dishonoured—I have not called on Mr. Layland on any other occasion with" respect to this tea—I have made inquiries at Nicholson's Wharf with respect to the tea—it is all there—the second bill has not been paid——I did not receive an. acceptance for the third parcel of tea I sent amounting to 1l. 10s.; it remained in abeyance.
Cross-examined. The National Bonus Tea Company is a firm to supply tea in packets to grocers—we carry oil business at 9, Mincing Lane—the "company" is simply a name——I have a partner——Mr. Ward was our traveller—he is not now—we have discharged him——his duty was to solicit orders.
By THE COURT. He was paid by salary—he has not been paid his commission, but we shall pay it——we agreed to pay him a commission on any orders he could receive, and it was to his interest to get as many orders as he could.
AUTHUR WARD . In the month of November last year, I was a traveller. to Mr. Tucker—on the 19th November, I called at 2a, Ponsonby Terrace, and received an order for teas——it is a private residence; not a shop—I was shown into what I suppose was the dining-room——I met the defendant at the door, and I said I had been recommended to call, and he said he could not give me an order that morning, or it would only be a small one, and I took his order for sis half chests of tea——he said nothing else at that time——he offered first-class references, which I submitted to my principal, and I believe they were not asked for——I believe the six half chests came to 20l. 6s. 8d——I forwarded the order by post to my employei, Mr. Tucker?—I afterwards, at my principal's request, went to Bee prisoner again at 2a, Ponsonby Terrace with a letter, when I received from him what I believe was an acceptance in an envelope—I saw him again, I believe, about the 7th December, and took two labels with me, and asked him if he would have the packets labelled with those labels, and if he would have them priced in pencil, so as to distinguish one from the other, and he said yes, they would do, and they could put their own labels on them afterwards, and they we're to be delivered not later than Thursday morning, as he had orders from the country for them——to the best of my belief, I can scarcely recollect the exact thing he said, they would be left on his hands if not delivered by Thursday morning—I then communicated with my employer, Mr. Tucker.
Cross-examined. Not in writing——the order was sent through the post for the second lot——I didn't take the order myself——that was afterwards, not when I called on him——I had agreed to supply him with a second lot.
THOMAS LAYLAND . I am a merchant, carrying on business in Botolph Lane——I know the defendant——on the 8th December last, I advanced him 10l. 15s. on some Kysow tea lying at Nicholson's Wharf, Thames Street, for which he gave me a warrant——the terms were that I was to hold it for fourteen days——he came to me at the expiration of the fourteen days, and asked me to hold it over, or try to sell it for him, and I sent my traveller round to the tea people and tried to get orders for it, and eventually sold it to a party in the Minories——I afterwards had another transaction with regard to some tea in packets, which was labelled "N. B. T. C."——I bought the tea at 1s. 6d. per lb.——I have never seen this invoice before (produced)——Mr. Tucker called on me and identified one of the packets as his——this invoice (produced) is what I received from McDonnell——the name on it is "McDonald & Co, New Hampton;" that is the name I knew him by?—I paid 14l. 15s. 6d. for the tea in packets, for which I gave him a cheque for 14l. 10s., and 5s. in cash——this (poduced) is the cheque I gave him, and the endorsement is his writing——he said he had bought some tea, but it was not good enough for his customers, and he wished to sell it for cash.
Cross-examined. I had a previous transaction with him which was satisfactory——with regard to the first portion of teas, he told me he was pressed for money, and he would redeem them within fourteen days if he could——if he had done so, I should have re-delivered them to him——I was not in Court during the opening statement——if it was said that I receive goods not obtained in a satisfactory manner, and get rid of them in an unsatisfactory way, I think it is a great libel.
MR. M. WILLIAMS submitted that there was no case to go to the Jury, incu-muck as the indictment was framed under (he 13th section of the Debtors' Ad of 1869, and that from the construction of sections 12 to 19 of that Act the Legislature contemplated bankrupts, and those who were in liquidation only in which view the Court concurred, and directed the Jury to return a verdict of NOT GUILTY .
CHARLES PIGOTT . I live at 30, Albert Street, Islington, and am in the employ of Mr. Ware, carman, of 3, Castle Court, Laurence Lane——on the 1st February, about 6 o'clock, I was in charge of my van with Young and one or two others, when I saw the prisoner come down the court with a parcel on his shoulder, which I recognised as belonging to Brisley, Foster& Dives, of Wood Street, by a label on it——it had been received by Young, who drives one of the cars——I sent a boy to watch him, and returned to the van to Young——the boy saw him put it down by the gateway, and Young and I went down to the bottom of the court again, and I put the parcel on my shoulder and brought it up the court——Young caught the prisoner and gave him into custody.
Cross-examined by the Prisoner. There is a booking office at the bottom of the yard——It was not half a dozen yards up where I found the parcel.
to Blossom's Yard——he put it down, inside a gate, on the pavement about 40 or 50 yards from the van——there was no one there when he put it down—he then left it there and walked up to where he took it from——I followed him and Young took him into custody.
Cross-examined by the Prisoner. Blossom's is a booking office.
HENRY YOUNG . I live at 6 Wood Street, Gray's Inn Road and am a carman in the service of Mr. Ware——on the 1st February about 6 o'clock in the evening I was in Castle Court, with my van——I collected a parcel at Messrs Brisley Foster & Dines——this is a bit of it——It was about six times the size of this——the stuff was ordered to be parted——I put it in the van myself and it was safe there at Castle Court——when I got to my office I began unloading I went into the office and on my return Pigott made a communication to me and I went with him and saw the prisoner in Blossom's Yard, getting the parcel off his shoulder to put it on the ground——Pigott picked it up and followed the prisoner back to the side of the van——I charged him with stealing the parcel and detained him till a constable came——he said nothing to me then, I had seen him previously in the afternoon once, or twice at a public-house——he was not engaged in any employment to my knowledge.
DAVID HARRIS (City Policeman 644). The prisoner was given into my; custody by the last witness——the parcel was on the stones and the prisoner stood by the side of it with the witnesses round him——I told him the charge and he made no reply——I took him to the station and searched hira, and found 4d. in coppers on ham—he said he was a stonemason and belonged to Birmingham, and had been drinking rather heavy, and would tell them more about it in the morning——he did not appear to. have been drinking.
The prisoner's statement before the Magistrate:"The instant that I was taken into custody I really did not know what to say. The thoughts of my wife and child were only in my mind. I gave the name of James Smith, and that I was a Birmingham man. The reason I did so was my wife was near her confinement, and I did not want the policeman to go and inform her. I am not guilty of stealing the parcel. I was employed by a man; he asked me to carry it to the booking office, and I said I would, and I did so.; and I thinking he meant Blossom's booking office, proceeded that way, and when I did not see him coming I put the parcel down being heavy and went to see what was keeping him. I was immediately arrested and that is all I know of the charge."—The prisoner in his defence repeated in substance this statment. GUILTY . He was also found guilty of having been before. convicted on the llth May 1863 and other convictions were pioved—— Seven Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution; and MR. CROOME the Defence.
JANE JENNINGS. I live at 29 Montague Place, Russel Square——Mr. Edmund Faulkner is a tenant of mine——the prisoner came to me on the evening of the 1st February about 8 o'clock; with him that letter which contained a cheque for twenty guineas, (Read." Adelphi, Tuesday even-ing Dear Miss Jennings, enclosed is cheque for twenty guineas, give bearer 6l. and keep the cheque, on my account. Yours faithfully Edmund
Faulkner.") (The cheque was drawn by Mr. W. Francis payable to Eduard Faulkner Esq., or order endorsed "Edward Faulkner.") I asked the prisoner who gave him the letter and he said "Mr. Faulkner of the Adelphi Theatre" and I asked him to go with me to a friend's house, and I went to No 22, Mr. Penny's. I did not show Mr. Penny the letter in the prisoner's presence. In consequence of what that gentleman said 1 handed Mr. Penny six sovereigns——I heard no conversation between Mr. Penny and the pri. soner.
Cross-examined. The letter and cheque were in this envelope (produced)—it has my address on it——I did not know the prisoner before; he was quite a stranger—I have known Mr. Faulkner quite well for about sis years, Edmund Faulkner. I am a comedian at the Adelphi Theatre——the endorsement on this cheque is not my writing; it is very like mine——I know no one of the name of Francis——I sent no one with a letter containing this cheque to Miss Jennings on the 1st February.
EDWARD ANTHONY PENNY . I am a civil engineer, and live at No. 2:', Montague Place—I remember Miss Jennings coming to me on the evening in question and showing me a letter, which I read, and she gave me 6l.—I said to the prisoner "Where have you come from?"—he was in the hall—he said "Mr. Faulkner, Adelphi Theatre"——I opened the door, and said "Follow me"——it was my intention to take the money down to Mr. Faulkner——we went into the street and stopped a Hansom and kept walking along——he said "A man gave me the letter at the top of the street——while I was placing the prisoner in the cab a man came up, and he said it was he who gave him the letter, and he escaped and ran away very sharply——I got into the cab and told the man to drive down Oxford Street and then to George Street police-station, and I took the prisoner into the station and gave him in charge of Fisher, the detective.
Cross-examined. when Miss Jennings and the prisoner came to my house he waited in the hall alone for a few minutes, not longer than five——I then Went to him with the money in my pocket——I asked him where he came from——he said "Mr. Faulkner, of the Adelphi Theatre"——that is all that took place between us in the hall——he went out voluntarily with me; he made no attempt to get away——I hailed the cab——he did not tell me before we left the hall that he had received the note from a man in Montague Place; I am certain of that——we had not gone ten yards before I saw the cab; it was coming down in the opposite direction——the prisoner stopped the man and said "You gave me the letter"——he was passing along the street——we had walked the length of Montague Place, about 150 yards—he did not tell me before we saw the man that there was a man waiting for him there; he simply said, after we passed out of the house, that a man had given him the letter——my suspicions were not roused until he made that statement; therefore I placed him in the Hansom at once, and he then said the man had given him the letter——the cab was standing still——we were standing still on the path, and the man was approaching him——I did not assist the prisoner to get into the cab, he got in at once——we did not walk down Montague Place to find the man——I was turning it over in my mind these few minutes——it was simply a few minutes' walk——I said "Come with me" or "Follow me," I forget which, on leaving the house——I said nothing more until he volunteered the statement——I may have said before the Magistrate that I took the note from Miss Jennings, and went to the prisoner and asked him where he came from, and he said "Mr. Edmund Faulkner)
Adelpbi Theatre," that I said he had better accompany me down to the theatre, and that he replied "I am perfectly willing"—I did not run after the man who ran away, or ask anybody to run after him——I went with the prisoner and took him straight to the police-station, and not the theatre——I do not remember hearing him him give his address there; I have not made inquiry whether he gave a correct one.
GUILTY of uttering. He also PLEADED GUILTY to a previous conviction in December, 1873, for obtaining money by false pretences—— Seven Years' Penal Servitude.
OLD COURT.——Thursday, March 2nd, 1876.
Before Mr. Justice Grove.
MR. BBINDLEY conducted the Prosecution; and MR. WARNER SLEIGH
JAMES BEDFORD . I am a porter at the Notting Hill Railway station——I know the prisoner from his being in the employment of Mrs. Barrett, a hair dresser, of Ladbroke Grove Road——I remember his giving me a letter,. I cannot exactly fix the date; I calculate that it was a week or ten days before I was examined at the police-court, which was on 18th January——he asked me to take it to Kent House, Cambridge Gardens and wait for an answer if I could get one——the name and address was written in blue ink on the enve-iope, I think it was "Mrs. Capper, Kent House"——I. took it there and delivered it to the servant, Susannah White——I had a verbal answer which I gave to the prisoner on the stairs at the station; it was "Did not want to see him at all"——the servant gave me that answer.
SUSANNAH WHITE . I am in Mrs. Capper's service—-Benford gave me a note in an envelope addressed to Mrs. Capper, Kent House, it was in blue ink——I gave it to my mistress; I also saw the letter myself——I gave the answer to Benford to take to the prisoner——I believe it was that Mrs. Capper did not wish to see him any more——this is the letter. (Head: "Madam—Receiving no reply to my last letter, will you send me a note by bearer stat ing when I shall call to dress your hair. Wm. Ravenscroft,"——There had been a letter before that, I burnt that; it was asking an explanation why he had been so dismissed from the house—another letter came by post after the one just read—I gave that to Mrs. Capper, she read it, and I also read it—I afterwards gave it to Mr. Capper——all the letters were in the same handwriting——Mrs. Capper is in a very bad state of health and has been so more or less from the time I have been in the house; she is in a very nervous, excitable state. '.
Cross-examined. I can't say how long the prisoner has attended on Mrs. tapper as a hairdresser, he has never dressed her hair in my time——I have been there since 8th November——the first letter Mrs. Capper tore in halves and I burnt it, it was a demand to know why he had been so suddenly dismissed without a cause——the prisoner has only been in the house once since I have been there—he did not see Mrs. Capper on that occasion——I told him that Mrs. Capper would not see him——the first letter was not shown to Mr. Upper, the second one was, I saw him read it, that was the evening that
the third letter came—I do not know whether Mrs. Capper ever paid any money owing to the prisoner for work done——I have not heard whether any money was owing to him, Mrs. Capper tore in halves strictly denies owing him anything——she told Mr. Capper so when she showed him the letters—she was quite rational when she said that, I never saw her otherwise; perhaps she has been a little absent at times; I cannot assign any cause for that; perhaps it was when she has not been so well during the day and she has taken a little more wine than might be necessary or good forher—at other times she was perfectly rational——she has occasionally been in the habit of doing this in the day time if she was not well; she suffers a great deal; she does not take it to such an extent as to make her absent-minded in the day time, it is usually more towards the—latter part of the day—when that result of her ill health is not apparent she is a very sensible and a very clever woman——I never heard her say that she had paid Mr. Ravens-croft any money, she always denied that she owed him any.
Re-examined. Mrs. Capper suffers a great deal from bodily pain—I believe it is always in consequence of that that she takes wine.
THOMAS CAPPER . I live at Kent House, Cambridge Gardens, Notting Hill——I am a merchant, and have a place of business in the City——I received these letters (A and B) from Susannah White; the letter C came by post—no doubt they are all three in the same handwriting——my wife's Christian names are Henrietta Burrell——she is very nervous and very excitable——on receiving these letters I at once took steps and went before the Magistrate——I knew that some one from Mrs. Barrett's attended at my house from time to time to dress ray wife's hair——I was never applied to by the prisoner on any claim for money; I never heard of him, except casually, that there was a man of that name——my wife is quite unable to come here this morning.
Cross-examined. I was present when she was served with a subpoena the other night——I have no doubt this matter has distressed her very much—I don't remember hearing her say when served with the subpoena that she would rather die than come as a witness, I do not recollect it——I know that she is in the habit of taking stimulants, in consequence of her weakness of body——I believe she has sometimes borrowed trifling sums from persons about her, unknown to me; I have heard so, she has borrowed money from her servants, I have not accused her of it——I never heard that she borrowed money from the prisoner, I never asked her whether' she had, or whether she owed him any money——she has told me that she never borrowed any from him, but I have never asked her the question——she has never told me that he used to make small purchases for her——I do not know that he was in the habit of attending at my house three or four times a week from last July twelvemonths, I don't know anything about it——I have no servant here who was in my service at the time the prisoner used to attend——I have heard since this case that he attended two or three times a week for eighteen months to dress my wife's hair——I have no knowledge of it personally; I have no doubt that he did wait on her; I know that she employed some one, I don't know how often, I don't know that it was so often as two or three times a week, I only go by hearsay that he did attend her very often——I believe she kept a small book of her disbursements in a drawer, I have not seen it, I have not asked to see it; I do not interfere with her private affairs.
Re-examined. My wife has a private income of her own.
Westbourue Grove, and have another shop at 12, Ladbroke Grove Road—the prisoner was employed there by me as an assistant for about seven months—he left my employ last September——while he was in my service I had occasion to write to him, and I received this letter (D) from him in reply——it is his handwriting——I have seen the three letters produced; I believe them all to be written by the same person.
Cross-examined. I have never seen him write; I simply form my opinion by looking at the letters——the prisoner was sent from my shop to dress Mrs. Capper's hair——I can tell from my book how often he attended her (referring)—the time varied, sometimes it was once in a month, sometimes four times, and one month nine times; that is the greatest number——he attended her from March, 1874, to September, 1875——I do not know whether he received any money from her during that time; he has never told me anythimg about it——I never spoke to him about Mrs. Capper——he would not have gone to attend her without my knowledges—it is customary in our trade for the men to have to wait for the lady if she is not ready."'.—
Re-examined. He would have no right to receive money for me without accounting to me for it——a hairdresser would have to go out to attend to several appointments at the same time——I could not tell to a few minutes how long he was at one place——the shop is mine and I make the charge.
ALFRED TOMPSETT (Policeman H 65). On 17th January I took the prisoner into custody——I had a warrant, which I read to him——he said "I know nothing about it"——I told him he would have to go with me to Mrs. Capper's house—he went with me, and saw Mr. Capper and his son——he was then taken to the station.
Cross-examined. I told him I should take him into custody for sending letters to Mrs. Capper demanding money——he said nothing about Mrs. Capper.
DR. GEORGE Fox Grosvenor. I live at Ladbroke Grove, Notting Hill——I have attended Mr. Capper, his family, and children——I have seen Mrs. Capper from time to time——I last saw her yesterday——in my opinion she is not in a fit state to travel and give evidence in this Court——she is just now convalescent from jaundice, but there are. other ailments—the use of stimulants has caused the jaundice—in my opinion she is quite unable to attend to give evidence.
The letters were read as follows: B." Mrs. Capper, as you are determined not to see me again, after more than a year's close intimacy, I am also determined what to do. You must remember that I am not the only one who knows your house has been turned into a brothel, using your own words. I know it, and I will prove it; and unless you send me the tea-pounds you promised me, on Friday next, I shall write to your husband at his office and. make a clean breast of it. I don't see why I should be made to pander to your lust without satisfaction.——W. M. R." C."Mrs. Capper, as you have not complied with my request and your promise, I shall not apply again, but fulfil my word at once." (D was the letter to Mrs. Barrett, merely put in for comparison of hand-writing.)
THOMAS CAPPER (re-examined by MR. SLEIGH). I of course know my wife's handwriting——these two documents (produced) do not look to me like her usual handwriting; it is not the way she usually signs her name——I have always seen her sign "Henrietta B. Capper"——I have never seen her sign in any other way——I do not believe these signatures to be her handwriting——I speak to both.
Witnesses for the Defence.
SARAH PONSONBY . I am now staying at 133, Camden Road——I was for. merly in the service of Mrs. Capper, five months ago——I went into the service four years last December——I recollect the prisoner being in the habit of attending her——he first came, I think, about April, 1874, and left last August——he used to attend sometimes twice a day, and sometimes once——he used to stay two or three hours sometimes—he attended to dress her hair in her bedroom—he has been in the dining-room——he has had his meals there, not with Mrs. Capper; he had them in the kitchen while he was waiting——he sometimes attended Mrs. Capper before his meals, and sometimes afterwards—I was not in the room at the same time with Mrs. Capper and the prisoner——I never saw these documents before——I have seen Mrs. Capper write a great many times——the signature "Ha. Capper" looks something like the way she used to write sometimes——I believe it is hers; this other, I think, is hers too——I have seen her write a great many times——she writes very differently at different times——this is one particular kind of writing that I have seen——I don't know that the prisoner ever went out and obtained things for Mrs. Capper while I was there.
Cross-examined. Mrs. Capper was in the kitchen at the time; the pri soner had something to eat there——she was very much in the habit of coming into the kitchen——I was asked to come here at 7.15 the night before last—I never saw these papers until they were put before me to-day——I can read and write——Mrs. Capper used to write very different at times——I have seen her write like this——I have seen her form the letter "H" like that (looking at a signature produced by Mr. Capper)——these signatures are not alike, the "H" is quite different——I have no doubt about this being Mrs. Capper's writing—I have not the same belief as to the others—the "Capper" is all alike; the "H" is not alike, but the "Capper" is all alike——the "B" is not in either of these two signatures; it is on this——she did not always use the initial "B" in her signatures; sometimes she would merely put "H. Capper;" it was not always "H. B. Capper," not that I have seen——sometimes she would put "H. B. Capper," and sometimes "H. Capper"—I have not seen her put the small letters after the "H" as in this one——I have not seen her put "Henta" or "Hta"——I do not know the prisoner's writing.
By THE COURT. I believe the signatures to both these papers to be Mrs. Capper's writing—it is only the signature I speak to——I don't know whose writing the other part is. (Read:"29/12/7. William M. Ravensoft I 0 U six pounds, value received. 6l. Hta. Capper.""Kent House, Cambridge Gardens, W. William Ravenscroft. I 0 U ten pounds, value received. 10l. Henta Capper.")
GUILTY —— Fifteen Years' Penal Servitude.
NEW COURT——Thursday, March 2nd,1876.
For the ease of Hester and Latimer, tried this day, see Surrey Cases.
FOURTH COURT—Thursday, March 2nd, 1876.
Before Robert Malcolm Kerr, Esq.
235. JOHN GREAVES (47) was indicted for that he, having been duly adjudicated bankrupt, did not fully and truthfully discover to his trustees all his property, real and personal. Other Counts——Varying the mode of charge.
After the case had commenced the prisoner stated that he was desirous of pleading guilty to the first count, and upon his so stating, the Jury found a verdict of
GUILTY —— Two Months' Imprisonment.
SHORT PLEADED GUILTY .
MR. STRAIGHT conducted the Prosecution.
RICHARD TERKY . I am a carman, and live at 77, Brook Street, Bermond-sey—on the 7th October I was with my van at Tower Hill Quay, at the loop-hole——I saw Hollis come up some steps on to the wharf and go to the firkin of butter, which he gave to Short took through the loop-hole——Short took it away, and I made a communication to the foreman.
PATRICK WALSH . I am foreman to Messrs. Barker & Co., wharfingers to the quay——I was standing in the loop-hole as the butter was being got up for delivery——the hole is about 4 feet from the ground——the last witness made a communication to me, and I then found a firkin of butter was gone—I ran out and caught the prisoners——Hollis bit my finger in the struggle—ultimately they were taken to the police-station.
Cross-examined by the Prisoner. I did not detain you when I saw you first in the warehouse because I was not aware you were going to commit felony.
JOHN CURTIS . I live at 16, Deare Lane, Great Tower Street——I received some information from Terry, and I saw the prisoner Short carrying a firkin of butter——I saw Hollis, who said he knew nothing at all about it.
Prisoner's Defence. I should not do such a thing because I should lose my pension——I do not know this man (Short), and never saw him before——I get my living very honestly.
HOLLIS—— GUILTY —— Twelve Months' Impisonment each.
238. JOSEPH BRAYSHAW (34) , Being a person whose affairs were liable to be liquidated by arrangement, did not wholly and truly discover to John Lovering, trustee, all his property, real and personal——to which he PLEADED GUILTY—— Judgment Respited.
MR. STRAIGHT conducted the Prosecution; Mr. J. P. GRAIN appeared for Herd, and MR. C. F. GILL for Potter.
HENRY LOUIS HILEY . I am porter to Messrs. Richardson & Co., Cornhill—I have been eight years in their employ——they had a warehouse in Billiter Street—they are East India and Colonial agents and bankers—they have large quantities of valuable property entrusted to their custody——while I was in Billiter Street the prisoner Potter was employed by a firm whose premises were in the same place——seven and a half years ago I knew him—remember before leaving Billiter Street a conversation with Potter about
an old piano we had there——he wanted to buy it——it was in very bad order considering it had been under water——he said he had a friend who would do it up——I said "I have nothing at all to do with it, you must speak to Gilbert"——Gilbert is a collector now——Potter said subsequently it would pay him and me to take it away and put something in it, giving me to understand to make money——we had at that time some plate chests deposited in the Billiter Street warehouse——seven or eight months after the last conver-sation about the piano I remember going out to get a diamond circular for the firm showing the price of diamonds——on my way back I met Potter in Gracechurch Street——he said then he considered he had bought the piano—I said "It is nothing at all to do with me, you must speak to Gilbert about it"——I told him "I do not think we have got any place chests in the place, what do you think about diamonds?"——he said "It will suit me better, because they are more easily carried off; come and have a glass of something to drink," and I went——while it was being consumed he further said "I have some friends who have got money, and if you do get twelve months there's your money when you come back to set up in business"——on the 3rd February, about 12.30, I saw Potter in 'Change Alley——I got leave to go out and see him, and I saw him and two other men——one of them was Herd———Potter said "These are my two friends I spoke about; they have been thinking I have been humbugging them, and they do not mind if you have got diamonds; however, we will go round the corner and have a glass, come along"——I went with the three of them——inside Potter said "There is too many here, come outside"——we went outside, when Potter said "These are the friends I have spoken to you about; they have got the money, do you mean business"——I said "Yes;" not the business they thought, though——I ultimately arranged to meet them between 7 and 8 o'clock, and I left them——I made a communication to my employers, and the police were communicated with——at 7.15 I found Herd at Reeves'——he said "What are you going to have to drink?"——I said "A glass of ale," which I had——we came out into Lombard Street, and walked together down Birchin Lane——on the way he said "Is this a genuine affair, and what have you got?"——I said "I have got a plate chest, it is a heavy one; since I saw you we have got a consignment from the Cape of diamonds. I won't show you, they are rather too heavy, but bullion I think it is, according to my instructions"——he said "That will suit me better"——I said "I can let you have one of them"——he said "When can I come and get it, to-night?"——I said "No, we are so very busy; tomorrow morning you must call between 8 and 8.10 not later"——he said he should be there, and "Shall I come upstairs to you?"——I said "No, knock on the stairs; it is rather heavy, you will have to bring something to take it away in"——he said he would bring a bag——on the Friday Underwood and I put some leaden weights into a bullion box (produced), and it was put in the basement——on the Saturday morning the detectives were on the premises——at about 8 o'clock I heard a rapping on the stairs——I went to the door and saw Herd; he was standing with his hand before his mouth——I said to him "I have got a beauty for you, it's precious heavy"——he then came in, and I said "Wait here and I will fetch it up"——he brought this carpet bag (produced)——I made a clumsy job in putting the box into the bag to give the detectives time——it ultimately got in, and he was walking off——I said "You are not going off like that, I want something from you——he gave me nine sovereigns, and said "You will always find me a gentleman"——I said "That won't do for me; you will always find that bullion"—
he said "You shall have your fair share"—he went into the direction of Lombard Street—the detectives were behind—he walked right into the arms of one, and then turned round and walked into the arms of another.
Cross-examined by MR. GILL. I first knew Potter eight years ago—I do not know in whose employment he was—his employers had warehouses in the same buildings as ours—we are not at Billiter Street now—everyone had to turn out at a certain time—he was in the habit of coming into our warehouse often, and often assisted there; he would consequently know all about the warehouse—I think it is about twelve months this month since we left the warehouse—I believe he saw Mr. Gilbert several times about the piano—I mean seriously to tell the jury that Potter suggested to me that I should put things into the piano—I never told him we were going to move again and there were some plate goods for sale—he has told me he could get plate melted down and burn the boxes up—he knows the warehouses as well as I do—he wanted me to put the plate into the piano—he did not mention their names when he brought his two friends to see me—he did not say "These are the friends who would buy the things from you"—there was no buying in it—after he introduced the friends he passed out of the transaction.
GEORGE WATKINSON . I am junior clerk in Mr. Richardson's employ—I, remember on Thursday, the 3rd February, seeing Potter at the office—I told the last witness, Hiley, he was there—he asked leave to out, and went off with Potter.
JAMES GILBERT . I am clerk and collecter to Mr. Richardson and have been for many years, and so has Hiley—I knew the prisoner Potter in Billiter Street—I have had several conversations about a piano with him—it is not worth much—he said he should like to buy it—Mr. Brown is our managing man.
Cross-examined by MR. GILL. Potter gave me to understand he'had bought the piano at one time—I did not know in whose employment he was, but I have often seen him in the next warehouse—he has been in ours on several occasions—the plate chests are kept in a strong room.
CHARLES UNDERWOOD (City Detective 842). I was communicated with on the 3rd February, first of all by Messrs. Richardson, and upon the 5th I was at their premises in Cornhill—I had on the preceding day assisted to make up this box, I filled it and gave certain instructions to Hiley—on Saturday morning the.5th I was in attendance with my brother officer Cross—I saw Herd come in—he took this carpet bag (produced) from under his coat—he was talking to Hiley but I could not hear what he said—Hiley went down stairs and brought up this box—I saw him pass something to Herd and I saw Herd go away—he went up 'Change Alley towards Lombard Street, and he turned back and came into my arms—I told him I was a police-officer—Hiley was close behind at that time, following up—Herd said "I daresay he (pointing to Hiley) can tell you"—when I asked him what was in the box—I told him he would be charged with inciting Herd to steal and stealing the contents of the bag—he refused his address—I had seen Herd and Hiley upon the Thursday evening in Reeves' public-house—after I left Herd at the police station I met Potter in Fen-, church Street"—I told him I wanted to speak to him—he stopped, and I said he would be charged with Herd for inciting a man to rob his employers—he said "I don't know a man named Herd"—I asked him if he knew a "man named Hiley, he said he did—I took him to the station, and charged
him with the offence—he said he knew nothing about it—he was searched" by Cross—a piece of paper found upon him was handed in at the police-court—it has been lost; but from what was upon it I made enquiries at the—Angel Inn, and in consequence of those enquiries, I afterwards saw Herd, and addressed him in the name of Green—he said that was right.
Cross-examined by MR. GILL. Potter's employer has told me that he was, in his employment for the last twenty-eight years.
WILLIAM CROSS (City Detective). I was with Underwood—I saw Herd" come on the Saturday morning—I heard Hiley say "You are not going away like that"—" Oh, no," he said, and handed him some money—he afterwards said "You will always find me a gentleman; it is all right; you meet me at Wallis' this afternoon at 5 o'clock, and you will have your fair share"—I followed, with Underwood, and he was afterwards taken into custody.
Potter received a good character each.
GUILTY — Eighteen. Months' Imprisonment.
NOT GUILTY .
NEW COURT.—Friday, March 3rd, 1876.
Before Mr. Common Serjeant.
241. NICHOLAS BERANI (39) , Unlawfully obtaining an order for 500l., and an order for 200l., of Augustus Richard Ring, by false pretence. Other counts for obtaining the same on credit within four months of his bankruptcy.
MR. J. P. GRAIN conducted the Prosecution; and Mr. KEOGH the Defence.
AUGUSTUS RICHARD RING . I am a retired naval officer of 2, Manor Park. Terrace, Streatham—about August last I saw an advertisement in the Tim, in consequence of which I went to 309, Regent Street—I first was referred to a man named Grant, in Devonshire Street, and he referred me to 309, Regent Street, where there was over the door "Great Northern Coal Company "—I did not see the prisoner then, not till two days afterwards, when I told him that I had seen an advertisement requiring a secretary or collector with 300l., at 150l. a year—I asked the manager, Darby, who was present, if I might be allowed to look at the books, as I had not been in business before, and wanted to know what would be required of me—he said "Yes" I looked at the books and found that I could do the work quite easily, and I said to the prisoner "I will agree to take this appointment, as a guarantee of good faith I will send you a 50l. cheque to-night or to-morrow morning," which I did, and it was returned by my bankers as paid—that is part of the 300l. I charge—I sent the 50l. so that he should not give the appointment to anybody else—I saw him again within a week, and gave him a cheque for the 250l. on 23rd August—an agreement was made out in August,"which Mr. Carter, of Old Jewry Chambers, has—there were two agreements—the 250l. cheque was returned through my bankers as paid—I entered on my duties, and in October I told him that I heard that the manager was going to leave, Mr. Darby, and that I could do the work, and was willing to take his place—he said that he was agreeable to my doing so—I asked him what further investment he would require—he said that 700l. would be required
—I said "I have heard something about a company; if you turn your business into a company I will not have anything to do with it"—he said "There has been some talk of a company, but the idea is done away with."—I was going away and he said "Before you leave will you give me a note as a guarantee of good faith that you will pay in this money so that I shall not engage anybody else"—I was to have 300l. a year as manager—before I paid him the 700l., I saw him again in November, and he told me I must hurry up and get the money, as he had two or three other gentlemen who were wishing to take the post—I told him that I would get the money, but I would not have anything to do with a company—he again assured me that there was no company—I saw him again a few days before I drew up my agreement—in the notes which Unintended taking to my solicitor there was a clause stating that there was to be no company, and I read the clause to the prisoner—I paid the 700l. on the 24th December—there was no conversation with the prisoner then any more than reading the agreement—I mean this agreement (produced) it was drawn up and signed by both of us. (This was dated December 24th, between Nicholas Berani and Augustus Richard Ring staling that in consideration of the sum of 1,0001. handed to Berani by Ring, Ring was to be manager of the coal business for the term of nine months, receiving interest at the rate of 8 percent., Berani agreeing to pay the acceptance at maturity and giving Ring as security for the 1,000l. the good will of the business empowering him to dispose of it in default of payment.) That agreement was entered into between us and I handed over these two cheques, one for 500l. and the other for 200l.—Darby was present—those two cheques were returned as paid my bankers, and in exchange for them the prisoner gave me this acceptance. (This was dated December 24th, for 1,000l. at nine months, and signed Augustus R. Ring, accepted, payable at the Union Bank of London. Nicholas Berani). That is in the prisoner's writing—about the 10th January they came and wrote up over the door "Sovereign and Belgian Star Coal Company, limited"—upon that I went down to the office to see if such a company was registered and it was—I went to my solicitors and told them to make inquiries, and next morning I saw the prisoner and asked him how it was that that name was put over the door of my office—he said "Oh yes, there is a company, but I am going on just the same, you stay where you are, and you will get your salary regularly enough"—I said "I shall not do so, it is against my agreement, and I shall take proceedings"—I saw him again two days afterwards and asked him about the company, and he told me the same thing—I said "What did you take toy money for when you knew you must go to prison for doing so?"—he said "Well, you know I must have a little something to liquidate upon"—I said "I shall tell my solicitor to take proceedings at once," and I took these proceedings—I parted with my 1,000l. because I saw that the business was such that he could pay me out at any time he chose; there was a good ready money business and very few bad debts to the best of belief—I parted with my money strictly on the understanding that the business should be kept on under the prisoner and not transferred to any company I had an opportunity of seeing and inspecting what was going on when I was manager.
Cross-examined. I did not mention before the Magistrate that the prisoner said that he should have something to liquidate upon, because I was told only to answer the questious put to me when you were cross-examining. me—I did not think of it during my examination-in-chief—the prisoner
certainly said it, I should not say so if he did not, I am sworn to speak the truth—I had been there three months before I advanced 700l.—I found the business a thoroughly good one as far as I had opportunities of judging—I do not know that the prisoner would not have liquidated at all if it had not been for the pressure I put upon him—I do not think he meant to pay me—it was not my pressing him which caused him to liquidate, I am not the only person who has been done in this way—I saw at the Registrar's office the name of the company and that there were 4,000 shares at 5l. each, and I noticed the name of the secretary—I did not notice the names of the shareholders, I left my solicitor to do that—I do not know that the company has really no existence, I see it stuck up on the door still—I do not know that there are no bond fide shareholders, I know nothing about it—I believe there are seven shareholders with one share each; I do not know any of their names—that is the book, here are seven shareholders in it—I do not know how many of the seven have paid—I was careful enough to take his bill—I mean seriously to tell you that I did not know that the company was a mere myth—I do not know that there are only three shareholders—my solicitor is not here, he has not told me so, I have not seen him at all—I know that the prisoner was to get 2,000 shares if the company was floated, and that 2,000 shares fully paid-up would represent 10,000l.—I do not know that he got no money from the company—I have not looked into the company at all, but I know that it has existed; it is registered—I am a trustee under the liquidation—I have heard from the company once or twice, they gave me notice to quit about a month ago and I sent the letters to my solicitor—I am disputing the right of the company on behalf of the creditors. Re-examined. I have collected a few pounds in debts', but no furniture has been sold, there is not much to sell—he puts down 700l. as assets, but I do not think we shall get 500l.—the business is being carried on for the benefit of the creditors; they claim the business, I suppose—we are in possession at present, but the company will move, I believe, about 16th April, on which day they have some sort of agreement—I have never received a farthing of my 1,000l., and 1 have never had any pay since I have been there.
By MR.-KEOGH. There are two new businesses now and two old ones, making four—I have seen the circular "Sovereign and Belgian Coal Company, limited."Sir,—I beg to inform you that the business of coal merchants, lately carried on by Mr. Nicholas Berani, has been assigned to this company,"&—there is an agreement between the prisoner and the Company.
By MR. GRAIN. I have not been able to enforoe my right in respect of the goodwill, I expect to be turned out.
THE COURT considered that there was no case on any of the counts upon which a criminal charge could he made out.
NOT GUILTY .
FOURTH COURT.—Friday, March 3rd, 1876.
Before Robert Malcolm Kerr, Esq.
242. WILLIAM THOMAS AUGUSTUS TATLOCK (38), was indicted for that he having been employed by William Ananias Crage in the capacity of an insurance broker, and being entrusted by him with certain warranty with directions in writing to apply the same to the benefit of said Crage, he in violation of good faith, did convert part of them to his own use. Second count—for converting part of the proceeds of the same.
MR. BESLEY conducted the Prosecution; and MESSRS. STRAIGHT and GILL the Defence.
WILLIAM ANANIAS CRAGE . I live at Bayswater, and am a fish-factor, carrying on business in Thames Street as Overall, Son & Co.—I have no partner—I had three policies of insurance on the Agatha for 1,600l., one with Lloyds Underwriters for 500l., the second with the Archangel Marine Insurance for 650l., and the third with the Imperial Marine for 500l.—on 17th November I received information of the loss of the vessel, and on 27th I addressed this letter to the defendant to recover the monies on the policies. (Read:"27th November, 1875. To Messrs. Tatlock Brothers, St. Michael's, Corahill. Gentlemen,—Herewith we hand you the necessary documents for recovering the amount insured upon Agatha (Lericls:), with list of same, which please sign and return per bearer. S. Overall, Son & Co.") I received back the list signed—this is the receipt—on 10th January I received this letter. (Read:" To Overall, Son & Co. 10th January. Creditor by total loss per Agatha, 1,650l., less commission, 16l. 10s., leaving 1,633l. 10s. due 17th January, 1876, subject to payment by Underwriters. Tatlock Brothers.") Two or three days after that I applied personally to the defendant for the money, and again in a few days, and on the third occasion he came and saw me; I think that was between the 17th and 21st January—he said he would try and let me have 1,000l. on the Saturday following—I think the 17th was Monday, and on the following day I called on him, and asked him for the money—he said he could not let me have it, but he would let me know on Thursday how much he could let me have by Saturday—I then got this letter. (Read: 20th January, 1876. Dear Sirs,—We fear we shall be unable to exceed 1,000l. on the loss by the above-named vessel on Saturday next. Tatlock Brothers.") On the receipt of that I went and saw him again, I think on that same day—I said I was surprised that he had not handed me over the money—he said "We could not carry on our business if we had to pay immediately"—I said "Let me have the policies then"—he went to a safe and rummaged the safe and said "Oh, the offices have kept the two policies"—I said "The offices would not have kept them if they had not paid them, I presume"—he said "They have not paid them; they have settled with me in account"—I said "You should not have settled my loss in your account; you should have taken the money, and handed it over to me"—he then went to another safe, and found the third policy, which was the policy underwritten at Lloyds, and that he handed over to me—I said "Can't you give me some of this money"—he said "No, I really cannot "—1 then went to the two offices, the Marine and the Archangel—I received some information from them, upon which I immediately put the matter in the hands of Mr. Beard, my solicitor—I appeared at the Mansion House and gave evidence on this prosecution—I did not receive notice of the prisoner's liquidation until after he had been at the Mansion House—I have never proved on that estate, and have not received a shilling of the 1,650l.
Gross-examined. I am sure that I saw the prisoner on Thursday the 20th, after the receipt of that letter; that would be before the Saturday mentioned and on that day I got Lloyds policy for 500l.—I have since got a part of that money—I do not know that the petition was filed a considerable time before the institution of the proceedings at the police-court on
26th January—the prisoner did not pay the premiums; he effected the insurances for me—the premiums on the three policies would be somewhere about 23?.
ALFRED LOVE . I am a clerk in the liquidation department of the Bankruptcy Court, London—Iproduce the prisoner's petition for liquidation—he is described as "William Thomas Augustus Tatlock, of 38, St. Helena in the City of London, trading as Tatlock Brothers,—date of petition 26th filed 27th—there are two lists of creditors on the file for amounts exceeding 2,500l.—Mr. Crage is returned as a creditor for 1,112l. 5s. 11d—a trustee was appointed—there is no proof of Mr. Crage's on the file—five of the other creditors have given Tatlock his discharge.
Cross-examined. Every person appearing in the list of creditors would have notice of the filing of the petition.
JOHN HENRY PEACHEY . Subsequent to the 17th Novenber the prisoner supplied this account (produced) for the premiums—I saw him on or about 27th November and offered him the money; that was after the loss—he said "Oh never mind it, I shall have a cheque to give you presently."
Cross-examined. I offered it to him in our office—I said "By the bye Mr. Tatlock, there is a small amount due to you, we may as well give you a cheque" and he said "There will be an amount due to you." Re-examined. But for that I should have paid him the money. John Edward Lucas. I am a clerk to the Archangel Marine Insurance Company—I paid 650l. by this cheque to the defendant on 31st December and he gave me this receipt, the cheque came back through our bankers. (The cheque was dated 29th December, 1875, on the Imperial Bank, in favor of Tatlock Brothers and was endorsed "Tatlock Brothers? The receipt mat dated 31st December 1875, signed "Tatlock Brothers per W. T. Tatlock.")
Cross-examined. Between November and December, 1875, we had numerous transactions with the prisoner, in the course of which he paid us large sums, I could not say from memory how much—I should not like to answer whether it was over 1,000l.
ALEXANDER LINDSAY . I am a book-keeper of the Imperial Marine Insurance Company—on a policy of the Agatha, this cheque for 500l. was paid to the defendant for which I have his receipts. (The cheque was dated 16th December, 1875, on the Alliance Bank in favor of"Tatlock Brothers" and was so endorsed; the receipt was dated 17th December). The cheque has been returned through our bankers as paid.
Cross-examined. The defendant has not paid us other sums since. John Charles Mann. I am a clerk in the Union Bank of London at the head office, Prince's Street—the prisoner had an account there—I produce a paying-in flip of his of 31st December, 1875, setting out a cheque on the Imperial bank for 650l.—the stamp of our bank is on the cheque, showing that it has passed through our bank—I also produce a paying-in slip of the prisoner's, of 18th December, of a cheque on the Alliance for 500l., that cheque also bears our stamp—the prisoner got the credit of those two sums—at the time of the liquidation I handed over to the trustee 630?., that was all the money he had there.
MR. STRAIGHT submitted that as there was no specific direction in writing the first count must fail. To this the Court assented. As to the second count, MR. STRAIGHT called attention to the precise words of the statute (24 and 25
Vic., c. 96, sec. 75), which, he contended, described an offence that the evidence given did not establish; that the defendant had, in fact, done what the section riquired him to do, viz., recovered the amount of the securities entrusted to him for that special purpose.
The learned Commissioner in summing up left the following questions to the Jury: 1st. Did the prosecutor entrust the prisoner with the two policies of insurance. 2nd. Did he so entrust him with those securities for a special purpose. 3rd. Was that special purpose that he should receive the monies due upon the said policies and forthwith pay over the same to the prosecutor. 4th. Had the prisoner any authority to sell, negotiate, transfer, or pledge the securities. And 5th. Did he, in violation of good faith, and contrary to the purpose for which they were entrusted to him, convert any part of the proceeds to his own use. The Jury answered the first three and last questions in the affirmative, and the fourth in the negative. Upon that finding a verdict of GUILTY was entered, and the question was reserved for the Court for the consideration of Crown Cases Reserved.
Before Robert Malcolm. Kerr, Esq.
MR. GOODMAN conducted the Prosecution.
JOHN BURROUGHS . I live at 39, Blackheath Hill, Greenwich, and am a retired confectioner—on the night of the 25th January I went to bed about 11 o'clock, having properly closed my premises myself—about 2.30 in the morning I heard a noise like glass breaking—I went to my window and looked out and saw two men there, and I went downstairs to the door and found a policeman holding the prisoner—he said "You had better look round your premises and see if they are safe"—I found two books gone, a Scotch snuff-box, and a piece of quartz from the mantel shelf in the front room, where they were when I went to bed—when the policeman called me the window was partly open and was broken.
ARTHUR KAVANAGH (Policeman R 154). I was on duty on the morning in question on Blackheath Hill, and hearing a noise I went to the premises No. 39, and I saw the prisoner coming out of the gate—I asked him what he was doing and he said he was on his' road to Gravesend—I said I was not satisfied with the explanation, and knocked at the door and found the place broken into, the window broken, and the latch forced back, and in the garden two books belonging to the prosecutor—I took him to the station and found on him a snuff-box, a piece of quartz (produced)—he said I had put them there—I had not.
GUILTY — Twelve Months' Imprisonment
247. FRANCIS TAYLOR (31) and JOHN BROOKS (22) , Unlawfully uttering a counterfeit florin, having in their possession a counterfeit shilling, Second count—for a single uttering. Third count—Uttering a counterfeit shilling to Robert Selwood.
MR. LLOYD conducted the Prosecution; and MR. C. MATHEWS defended Brook.
ROBERT SILWOOD . I am assistant to Mrs. Schroder, a stationer of St. Mary Axe—on 19th November I served Taylor with 1s. worth of postage stamps—he put down 1s. I took it up and saw that it was bad—I told him so and he went out of the shop and turned to the right—I saw a man standing in a doorway, but did not recognise him—I turned back, knowing that Taylor could not have got further, and then saw him and took him back to the shop where Mrs. Schroder was talking to two ladies—I charged him with passing a bad shilling—he said that I was mistaken, he was not in the shop—he straggled and went out—I went after him, kept him in sight, and gave himin custody—he told the policeman that he did not believe it was a bad 1s. and made a snatch to get it from the policeman—I am sure he is the man.
Cross-examined by Taylor. I did not know you when you were in the doorway—I passed a man there who I did not recognise—I swear to you by your features—I do not know what became of the stamps.
SARAH SCHRODER . I am a stationer, of 31, St. Mary Axe—Silwood is in my employ—on 19th November, between 6 and 7 o'clock, I saw him serving Taylor, who went, out and turned to the right—Silwood went after him and I went to the door and saw Taylor coming back from the next door, be passed my door and I followed him a short distance—two young men were walking on the other side of the way, one of them called to me and ran across the road—I said to Silwood "That is the man, bring him back again"—he brought him back to the shop—he sat on a chair for a few minutes and then began to be very violent, he struggled and got into the street—Silwood went after him and he was brought back by a policeman.
Cross-examined by Taylor. I was talking to two ladies—I thought you had been drinking.
JOHN BODMIN (Policeman 929). On 19th November, between 6 and 7 o'clock, Silwood gave me a bad 1s. and told me something, and I took Taylor, who attempted to snatch the 1s. from me—I searched him, but found no stamps, only 2d. he was remanded on 20th November till the 24th, when he was cautioned and discharged.
Cross-examined by Taylor. You appeared to have been drinking, but it was put on.
ROBERT LYONS . I am barman at the Crown public-house, Greenwich—on 21st January, a little after 8 o'clock, I served Brooks with half a pint of beer—he gave me a three-penny piece and I gave him 2d. change—in a few minutes Taylor came in, they had two or three words together and Brooks called for a pint of half-and-half and tendered a florin—1 gave him 1s. 10d. change and put the florin on the top of the bowl in which silver is kept in the till, but not in the bowl, there was no florin in the bowl—Taylor askep for 1/2 oz. tobacco and tendered 1s.—I gave him 10d. change and put the 1s. in the bowl among other shillings and sixpences—I spoke to some person over the counter and the prisoners took up the pot with a little beer in it and threw it on the floor—I tried the florin and found it was bad, nobody had been served in the meantime—Halliday followed the prisoners and went into a lineudraper's and laid hold of Brooks—Taylor immediately put his
hand in his pocket and put it to his mouth and then walked up the road—I followed him, he was brought back to the Crown, and given in charge—Brooks was there, he had been brought back, and Halliday told him that if he was the wrong man he would not have any tattoo marks on his hands—I did not see his hands.
Cross-examined by Taylor. I did not put the 1s. in the tester to try it—you said that you knew nothing about it and would go quietly.
ELIZA ANN LYONS . I keep the Crown, Trafalgar Road, Greenwich—on the evening of 24th January I was in the parlour—my son brought me a bad florin; I bent it and returned it to him, and went to the till and found another bad 1s. there, which I gave to my son.
Cross-examined by MR. C MATHEWS. There might have been 5s. in the till, the bad one included.
HENRY WILLIAM HALLIDAY . I live at 5, George Street, Greenwich—I was in the Crown public-house and saw Brooks come in—he asked for half a pint of beer and paid with 3d.—Taylor then came in and I reached a pipe light and heard him say to Brooks "Now is your time, that is right"—Taylor lit his pipe and spoke to a man—in the meantime Brooks had received his change and called for some tobacco—Taylor said "Come on, let us get out, or we shall not be in time for the train—I saw Brooks pay a florin—they drank out of the same pot—I saw the florin placed in the till, but not in the bowl—it was bad—I gave it back to Mr. Lyons. and we went out after the prisoners—they were joined by a female—I passed them and then they turned back and Brooks went into a linendraper's—I followed him in and told him I should detain him till a constable came—he had 1s. in his hand—he was too quick for me, and put it into his mouth—I tried to get it, he tried to escape and struck me a violent blow on the side of my face, but I managed to take him to the public-house—he declared that he was innocent and had not been there before—I said that if he was innocent his left hand would not be tattooed—I said "Produce your left hand," and he put his hands behind him—I forced them up and his left hand was tattooed—I had seen that before he left the house—when he put the 1s. in his mouth I opened his mouth and it had gone, but I distinctly saw it pass his throat.
Cross-examined by Taylor. You were lighting your pipe when you spoke to Brooks—you did not say "Now is your time, get a light."
Cross-examined by MR. C. MATHEWS. No one was in the compartment with me—I was watching the door, as I was expecting a friend, with whom I had an appointment—the prisoner could see my head and shoulders—the parti tion only comes up flush with the bar—I believe I told the Magistrate that Brooks said that he had never been in the house before—I saw the shilling in his mouth, between his teeth, and when he threw his head back I saw it cross his throat—I was not asked about it before the Magistrate, but I said "There was an apparent swallowing"—I was about four feet from him in the compartment; his back was to me.
WILLIAM LAWS (Policeman R 125). On 21st January Lyons pointed out Taylor to me, and gave me a florin—Taylor saw that Lyons had made a mistake; he had just left his old woman—I said "You must come back to the house"—Brooks was there in custody—Lyons gave me this bad shilling—Taylor said that he had not been in the house, but several witnesses identified him—I told him that I would search him—he said "No, that you won't; not here"—I sent for another policeman, and then he said "I will go quietly
with you, with my hands in yours"—I took him to the station in that way.
Cross-examined by Taylor. You said "I will go quietly with you; I know nothing about it"—when we got to the Crown, Brooks was in the back parlour—Lyons brought this shilling into the parlour—I swear that I did not see the barmaid give it to him to give to me—you did not say that you had been there, but did not come with Brooks; you denied being in the house at all.
Cross-examined by MR. C. MATHEWS. I believe Lyons said "This man and another have passed some bad money.
ISAAC WILLIAM WEBSTER . I am an oilman of 194, Trafalgar Road, Greenwich—on 21st January I was at the Crown public-house about 8.30, and saw the prisoners there standing together—Taylor asked for half au ounce of tobacco, and tendered 1s., which Lyons put into the till, and called my attention in a whisper to a florin which was lying at the top of the till—the two prisoners were then there—I turned my back to them, and when I turned round again they were gone, and the floor was wet with beer, as if they had thrown it down—I afterwards saw Taylor in the street, and saw Brooks when he was brought back—I saw Taylor talking to a woman outside the house.
Cross-examined by Taylor. The women went down a dark place.
Cross-examined by MR. C. MATHEWS. Lyons rang the shilling, and put it in the till.
ROBERT WOOD (Policeman 270). I was on duty; Webster called me, and I took Brooks in custody, I told him the charge—he said that he had not done so—I found on him a half-crown and a good shilling. William Webster. This shilling is bad.
Taylor's Defence. Brooks asked me for a light, and I said "Here you are; now is your time, or else it will be out"—he shoved his beer to me and said "drink," and he upset some on the floor—I gave Lyons 1s. for some tobacco, and he bounced it, and put it in the till—I went out, leaving Brooks there—when I went outside I saw my wife, and saw her into the tram—the detective and Lyons then came up and said "This man, or some other man, has passed a bad 2s. piece"—I walked quietly to the place; and when Brooks was being searched, I said "You are not going to pull me about like that"—on 19th November I was never in the man's house at all—I was standing in a doorway to light my pipe, and was given in custody.
TAYLOR— GUILTY on second and third counts only. BROOKS— GUILTY on second count only. Taylor was further charged with a previous conviction of felony in May, 1874, to which he
PLEADED GUILTY**— Twelve Months'Imprisonment each.
JOHN HODGE . I am a carpenter, of Plumstead—on Saturday, February 5th, I left work about 1 o'clock, leaving my tools in a basket and a shovel with them in a shed—I missed them on Monday morning at 7 o'clock, and
saw them next at the Woolwich police-court on Wednesday—these are them (produced).
JAMES DREW . I am employed at the Arsenal—I know the prisoner by sight—on Sunday evening, 6th February, I saw him coming from Mr. Blakes' buildings, at Mount Pleasant, with a basket of tools and a shovel—he put the tools under the fence and got underneath.
JOHN RATTIGAN . I am a labourer, of Plumstead—on Wednesday, 9th February I found a basket of tools against a fence leading out of Whitmore Place with a black coat thrown over them—that is close to Mount Pleasant—I took them to the station, left them with the sergeant, and told him where I lived.
JOHN HARVEY . I am a labourer, of Plumstead, and work at the same place as Hodge—I left a shovel there when I went away, and missed it on Monday morning—I next saw it at the police-court—this is it (produced)—here is my private mark on it.
WILLIAM MORGAN (Policeman R 155). On the 9th January I received information, went to Charlton, and found the prisoner working with this shovel—I asked him where he got it; he said that he bought it on Monday evening in the Arsenal Square of a navigator man—I asked him what he gave for it; he said "Two shillings"—I charged him with stealing a basket of tools; he said that he knew nothing about them.
Prisoner's Defence. I bought the shovel of a navvy on Monday night, and gave him 2s. for it—I know nothing about the robbery.
NOT GUILTY .
249. WILLIAM PITCHES (26), ALFRED HATCHER (21), JOHN DRAKE (30;, and JAMES HARRIS (66), Stealing one sack and a quantity of barley and oats of the goods of one William Herbert Dunnett and another, the masters of Pitches.Second count—Receiving the same. Messrs. Besley and
J. P. GRAIN conducted the Prosecution; Mr. C. MATHEWS, defended Pitches; Mr. C. F. GILL defended Hatcher; Mr. HORACE AVORY defended Brake; and MR. DENNISON defended Harris.
CHARLES HENRY SHARMAN . I am manager to Messrs. James Carter & Co., seed merchants, of High Holborn—we have a nursery ground at Perry Hill, Sydenham, and stables at Whetstone Park, Lincoln's Inn, for the horses—we have one or two horses at Perry Hill—it is the practice to load up at stated periods the dung in London and take it down to Perry Hill—it is generally loaded up the night before and the cart starts early in the morning—Pitches was a carman—Hatcher had been porter and had been discharged about fourteen days before the 3rd February—we missed large quantities of corn and in consequence of that communicated with the police at Lewisham, and also previously to that we had made a purchase from our corn merchants of a peculiar mixture, made up specially under my directions—we purchased 9 1/2 quarters of Russian oats and had it mixed with 4 bushels of Swedish barley; it was very unusual; I did not see the mixture made; it was the corn in use at Whetstone Park previously to the 3rd February—it was the habit to take down two sacks of corn at stated periods only for the horses at Perry Hill—it was simply the duty of the men to take down the corn to Perry Hill and leave it with the foreman of the nursery—they had no authority whatever to dispose of it.
Cross-examined by Ma. C. Mathews. There is a warehouse as well as a stable at Whetstone Park, numbered respectively 1 and 2 wards—there are
persons in charge—the bulk of oats is not kept near the stable, but in No, I warehouse—one person has absolute charge of No. 1—about twelve or fifteen men in all are employed at No. I and No. 2 warehouses.
Cross-examined by MR. DENNISON. This corn was in ordinary sacks.
WILLIAM DENNIS . I am in the service of Messrs. Bobell & Co., corn factors—on the 8th January I mixed 9 1/2 quarters of Russian oats with 4 bushels of Swedish barley—this sample is exactly similar; it is a very unusual mixture.
WILLIAM ELCOMB (Detective Officer P). I was directed to make enquires with reference to the prosecutors' corn—on Thursday night the 3rd February, I came to London and went to Whetstone Park, behind Linclon's Inn Fields upon the prosecutors' premises—I saw a van with four wheels, laden with three sacks of oats in the front part and with dung in the remainder—I marked the centre sack with a cross—I examined the contents of all three—the first one outside I opened and put in some pieces of a railway time card, which I cut up—the middle one I opened and found this piece of I; stick in it I took that out and put a pencil mark on it and put it back again, f and then put some pieces of brown leaether in it—the outer one I also put some pieces of time card in it—I went back to Lewisham, and communicated with sergeant Eldred—next morning I watched for the appearence of the van and caughtsight of it at about 10.20. a.m.,—it came from Lewisham pitches-station—Pitches and Hatcher were walking on the kerb talking together—Eldred came in just as they passed the door and I went out and followed them and the van—I saw them turn round and draw up to the George stables—from Lewisham Station to the George is about 300 or 400 yards, from the George to the Catford Bridge Railway Station is about the same distance, and the distance to the nursery is a mile and a quarter—when I saw them turn to the George stables I at once turned back to Ladywell, where I saw sergeant Eldred; then to Catford Bridge to avoid going down the main road—I stood on the bridge and saw the wagon come round to the Board of Works office where it stopped—I then got out of the way as the van passed me towards the nusery—Pitches and Hatcher were riding in it then I waited until they had been in the nursery a little time and then went in and spoke to Pitches and asked him how many sacks of oats he had brought, he said two—I said I should charge him with stealing a sack of oats, and he turned pale and said nothing—the other man was sweeping out the van at the time I examined the bin at the place and saw some corn the same as the sample—I saw two of the three sacks I marked, not a third one—I found the pieces of card in the fodder, and several days afterwards I found my time card in the bin of fodder—I came away from Perry Hill to the George stables and got there about 2 o'clock in the afternoon—I saw Harris and Drake talking together by the horse trough as sergeant and I were walking up from Russia Green—I kept on the same side of the road as the George while the sergeant went on the other—I told Drake I should take him into custody for receiving a sack of oats—he said he had not received any, I said have you bought any, he said no, and I took him in charge—I remained there until Eldred came—I found in the corner of the stable the middle sack I had found in Whetstone Park the night before—and the pieces of brown leather—the sack was marked as I had marked it—there was about a bushel in the stable of the mixture—at the station I told Drake I had found the sack of oats, and he made no reply—I have known him about two years and a half—three years and Harris five or six years
they were at one time at Southend together—they both came to the George about two years and a half ago—the stable is a seperate occupation to the public-house—while standing at the stable door waiting for sergeant to come back I asked Harris for the keys of two coach-houses, and we had to take them out of his pocket by force—in the coach-house was found a lot of slating for houses and I found 16l. 10s. in an eld hamper among some rubbish, the amount was composed of sovereigns and half-sovereigns.
Cross-examined by MR. C. MATHEWS. I did make a mistake about the seeds when before the Magistrate—Pitches turned more pale than he is now—I do not call him a high coloured man as he stands now, but middling—there was a tarpaulin on this cart.
Cross-examined by MR. GILL. I did not take Hatcher into custody—when I first saw them all I saw Hatcher and Pitches walking on the kerb together.
Cross-examined by MR. AVORY. The seed is the same, but I made the mistake in saying it was lute seed.
Cross-examined by MR. DENNISON. The sack in question I do not think bad been opened—when I came up Harris turned and walked away towards Lewisham.
Re-examined. At the police-court I was under belief about the seeds—the fodder is Russian oats and barley.
WILLIAM ELDBED (Police Sergeant P), On the morning of the 4th February I was at Whetstone Park, near to the prosecutors' premises—I saw a van loaded with dung—I could see no other contents as the tarpaulin covered them—I saw Hatcher and Pitches; Pitches was driving—I followed the van all the way to Lewisham police-station—I am able to say the things had never been taken out or added to* up to that time—I took the train from Lady well to Catford and there placed myself in the position to have a. full view of the main road leading towards the George—I remained there until the van came along—I saw Harris wait until the van came along-by the almshouses—where Pitches, Hatcher, and Harris remained in conversation—I followed the van afterwards to the nursery and remained outside until they had time to unload—I then went in with Elcomb, who took Pitches into custody—I took Hatcher—I placed them by each other's side and told Hatcher he would be charged with stealing a sack of oats from the company—I handcuffed them together and left them in custody of another constable—I afterwards returned to the stables and Harris and Drake separated on our approach—I brought Harris back; he was going on towards the village—Drake was handed over to me and I left Harris with the last witness until I came back from the station after taking Drake—on the way to the station Drake said "What am I in custody for?"—I said "Charged with receiving a sack of oats," and he said nothing—I found a sack, some harness, new, all identified by Mr. Nichols, Jun.—I found 66l. 10s.—the total amount was 228l. in gold and two copper coins—there was found on Pitches when in custody 15s.; on Drake 2l. or 3l.; on Harris 1s.; and on Hatcher 2d.
Cross-examined by MR. GILL. I was about 200 yards away when I saw them coming along the road—I could not hear them talking, but I could see them.
Cross-examined by MR. AVORY. I found these two books at the premises besides those produced.
Cross-examined by MR. DENNISON. Harris was coming up towards me—he did not meet the van, he remained just past the Board of Works until the
van came up—then he stopped and talked to the men for some time—I did not search him at the police-station—I know what was on him by the charge sheet—I searched Drake—evidence was given against Harris before the magistrate as regards the saddlery and he was discharged.
Re-examined. This book (produced) contains a description of more pro perty than we found—it is in Drake's writing—it was found in a pocket of a coat in the stable—there was that other book there as well, and two bottles, one with some medicine in it—a man named Ranger has claimed the coat now and was charged with attempting to steal it, but he was discharged—these letters and papers (produced), addressed to Mr. John Drake, were also found up in the loft.
FREDERICK VALENTINE NICHOLS . I am manager to Mr. Frederick Simp-son, who is trading at New Cross as a saddler—previously to the 3rd February I missed a considerable quantity of harness—I have given informa-tion to the police—I have missed within a fortnight also 1l. worth of sponge—I believe the things to be the property of my master.
Cross-examined by MR. AVORY. These bridles are rather common—the price would be about 16s., the water 1s. 6d., and the spoke brush 5s. 6d.
WILLIAM CHAPMAM (Policeman P). I was on duty at the station when the prisoners were in the cells—Pitches and Harris were in one, and Hatcher and Drake in another—I heard Drake say "I gave 8s. 6d. for those oats," mind if anything is said about them.
Cross-examined by MR. AVORY. I was not waiting there in order to get evidence against the prisoners—I was attending to the fire—I knew Drake before, in the town, sixteen or seventeen months.
WALTER SMITH . I am landlord of the George. Inn, Lewisham—Drake was my ostler—the arrangement was that he should have the stables free, for acting as ostler—he could make what he liked out of them—he had the sole control, key and everything—there is no connection at all with the house and these stables.
Cross-examined by MR. AVORY. He had liberty to carry on what business he liked there—he has always been an honest man up to this time.
Cross-examined by MR. DENNISON. Drake was the master, and Harris was the man paid by Drake—I have known Harris about two years—I never heard anything against him until now.
Drake received a good character.
PITCHES—HATCHER—DRAKE—GUILTY. HARRIS— NOT GUILTY.
Pitches was recommended by the prosecutor to mercy, believing he was not the prime mover and very much tempted — Eighteen Months' Imprisonment each.
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution; and MR. LILLEY the Defence.
JOHN CROSLEY . I am a waterman, employed by Mrs. Berridge, she carries on the business of Messrs. Berridge, and is sister to John Berridge, employed by Messrs. Hadley—her barges are employed by Messrs. Hadley—on Monday, the 20th December, at 8 o'clock in the morning I saw two of
Messrs. Beiridge's barges, Hannah and William lying off the City Flour Mills, in the Thames—the Hannah was laden with wheat in sacks—I was in charge of the Hannah, stationed at Blackfriars, to look after barges—Nicholson had brought up the Hannah, and both barges were left in my charge—there was nothing in the William—they were lying about 20 yards apart at 2 o'clock in the afternoon—I saw the two doors of the fore-scuttle of the William were open, and the gratings were standing in front of the doors, and I was able to see that there was nothing in the cabin—at 5 o'clock the William was still there, and at 8 o'clock on the Tuesday morning, both were still at the wharf, but the doors of the William were shut—I was not able to see into the scuttle until I went on deck and lifted up the hatch, and I saw four sacks full of wheat—I knew that to be wrong—there ought not to have been anything in the scuttle—I said nothing to anybody at the time—Hester came on board the William on Tuesday, between 9 and 10 o'clock; no one else was on board—he pushed off and proceeded down the river—I watched the barge and saw her near Southwark Bridge, she passed us; I was standing on Paul's Pier—she touched South wark-Bridge; Hester jumped up just before and straightened her down the river—I went to London Bridge and took the steamboat on to Cherry Gardens; I passed the "William at Horsley down, and Hester was in charge of her then—I afterwards went to William Berridge, in Jamaica Level—I heard the orders given to Hester that he was to take the William to Lucas Spencer's, and to load wheat into the empty sacks—Lucas & Spencer's wharf is lower down the river than Cherry Garden Pier.
Cross-examined by MR. LILLEY. Hester only passed the compliments of the morning before he went down with the tide—he did not complain that I should have put a tarpaulin over the sacks; it is usual to put tarpaulins over them—none was put over them that morning—with regard to the Hannah, I saw wheat in some of the sacks—it is usual to give all the air we can and to keep the scuttle open—when the sacks are on board we shut it—I did not count them on this occcasion.
WILLIAM NICHOLSON . I am apprenticed to Messrs. Berridge—on Saturday, the 18th December, I was in charge of the Hannah; she was at the Victoria Docks—I received on board 194 quarter sacks of wheat—I discovered I had more than I signed for—I brought the barge away from the docks with the whole of the sacks on board her—I came up to the Commercial Dock, Bow, and on the following (Sunday) night I came up to Messrs. Hadley's, Blackfriars—I counted them again and found I had 196 quarters instead of 194, four sacks too many—I left the cargo on board the Hannah the sacks were full then—on Monday night I went up to meet Hester, he was my foraman—I saw him on the Monday morning and told him I had two quarters over—he told me to tell the governor—I met the governer, Mr. William Berridge, and told him I had two quarters over—I was present when the sacks were moved on the Monday night—Hester and I moved the four from the Hannah into the William's forescuttle—Hester said we had better move them to save any bother in the mill—the doors of the fore-scuttle were closed—this was at 9 o'clock or 9.30 at night, as near as I can say—the two barges were not close together, but we moved the William close up to the Hannah—the Hannah had been unladen at this time—we took the Li-ne down to the East India Docks according to orders, and I did not see anything more of the William— told my governor before the transfe
of the sacks—I told Hester I had told the governor, and it was after that he said "To save a bother, move them."
Cross-examined by MR. LILLET. The governor's place is at Jamaica Level—Cherry Garden Stairs are next to his place—I have known sacks to be over before—I have been in my business five years—different flour factors buy portions of the cargo—on this occasion I fetched 194 quarters—I had not fetched any more from that ship—I do not know of any more being fetched from the same ship—I am out of my time as apprentice—I have known Hester three or four years—he has not all that time been in Messrs. Berridge's employ.
WILLIAM BERBIDGE . I live in Jamaica Level—I manage the business of my sister—I am also employed by Messrs. Hadley, of the City Flour Mills—Hester was in my sister's employment—I gave him orders about the William, to take her on the Tuesday morning to Lucas & Spencer's, next to Cherry Gardens Pier—Gordon Wharf is about a quarter of a mile farther down the river—I saw Crossley on Tuesday morning a little after 10 o'clock—at that time I did not know anything of what was in the William—had not seen anything of Nicholson since the previous night at 9 o'clock—I was not aware that the removal was to be made until after Crossley told me—when he gave me information I immediately proceeded to Lucas & Spencer's and got there about 10.30—I could not see the barge William—I went further down and saw that she was lying outside Gordon Wharf; she was fast—Hester had no business there—I called him ashore; he was on board I was giving him some orders and casting my eyes round—1 saw ten sacks of wheat on the wharf, three of Hadley's and seven of Starkey'a—Starkeys are people from whom Hadleys hire sacks—I saw also four sacks in the William,; they were covered over with empty sacks—I said to Hester" You are having a very nice game"—he said "It is no business of yours"—he had no right whatever to take these four sacks from the Hannah to the William—full sacks of wheat are never sent down the river under any circumstances—I gave him into custody—at the station the charge was made by me and Mr. Miran; it referred to four sacks of wheat.
Cross-examined by MR. LILLEY. The prisoner has been in my deceased brother's and my sister's service over four years—I did not say at the police-court six—we placed every trust in him—Nicholson gave me information about the four sacks on the Monday, about dinner time—I could not tell you whether at the time he told me he had mentioned it to Hester—the William is a two-commanded barge attimes—we always send two men—as a rule there was no oocasion for her to have had two men to have brought her up before reaching Gordon Wharf—Hester was on shore when I went on board the William—I will pledge my oath he never said anything about the four sacks being on the barge—I did not tell him that he had four sacks on board—he never told me he had the four sacks and was going to speak to me about them—the sacks were to be filled at Lucas & Spencer's to come back in the William—it is the general course of business when a ship arrives from India that the cargo is sold to different persons; parcels greater or less according to the requirements.
Re-examined. The information about the four sacks was given me by Nicholson—it is usual to report anything that is over and the men always tell me—there is no authority to remove them from one barge to another—the William was not employed by anyone else on that day only by Mr. Hadley—it was ascertained that there were four sacks in excess by counting
—it would be more difficult to bring up a heavily laden barge than one not laden.
JOHN HADLEY . I and my three brothers are partners in the City Flour Mills—Indian grain is unpacked from the original sacks and put into our own—it is only the last two years that we have received much wheat from India—in this case it had been taken from the ship—Berridge acted in this and acts in every like manner for ns as waterman—of course I have no par ticular knowledge except through him—it would not be proper for any sacks full of grain to go down the river—it was not right for anyone to remove sacks full of grain from the Hannah to the William.
GUILTY. Strongly recommended to mercy by the Jury.
MR. BESLEY conducted the Prosecution;
MR. LILLEY appeared for Hester and
MR. M. WILLIAMS and MR. MOODY for Latimer.
GEORGE LAXTON . I am foreman to Mr. Bellamy of Gordon Wharf' Rotherhithe—I have known Latimer some time—I had seen him about a month previous to 15th December—I saw him on 15th December about 1 o'clock, as I was passing from the office to the wharf—he said "I have come down to sample five quarters of wheat sweepings that are lying outside the wharf in a barge, and I want you to land them for me"—I asked him for his dock note or a landing note—he said that he had not got either; he had only got a sale note—I told him I would not land them upon that—he said "I have come from the market, arid I have seen Mr. Bellamy, and he has given me permission to land it here"—the men were going to dinner, but I stopped them, and gave them directions to land the wheat—I saw the barge—it was made fast from barges from the wharf—I saw that she had more than five quarters in her—I called out for the name of the barge, but Latimer had then gone—I left before the sacks were landed—I returned in a quarter of an hour or twenty minutes, and the barge was gone, and five quarters of wheat in ten sacks were on the wharf which were not there before—I made an entry of them in my rough entry book—it was one of our men who called out the name of the barge; but I cannot say who—he may be here, and he may not; there are four men, and two of them are here. (The Court considered that as the men went into the barge where the wheat was to unload it, what they said in the course of doing so, was part of the transaction, and there fore admissable in evidence.) One of our men called out the name of the barge William and I chalked something on ten of the sacks, and entered it in my book at the same time—no goods are allowed to be landed without being entered—this is the entry I made "December 15th, ex. barge, Latimer. William five quarters wheat sweepings"—that is in my writing—a landing and delivery book is kept by the clerks in the office—they have the notes, or, if they have not, they take it from my book; mine is only a rough memorandum—there being no note in this instance, I made a communication to the clerk—a bulk book is also kept, and the clerk who keeps it gets his information from the day-book—I did not make a communication to him—I saw Mr. Bellamy next day, who directed me not to deliver the sacks till we got the note—1 next saw Latimer on the Friday or Saturday—this delivery order (produced) had been left on my desk the same day—when he came in he asked me if I had delivered the five quarters of sweepings—I said "No
I have not seen an order"—he said "There is an order lodged in the office for the delivery"—he then went away—he had told me on the 10th, when I saw him first, that he would send a landing note, but I never saw one—when he spoke of a sale note, he took a paper from his pocket and said "I have only a sale note, and I cannot spare that"—I did not read it—I did not see him again till after Hester was in custody—I saw the police take possession of the sacks.
Cross-examined by MR. LILLET. Four men assisted in the landing; Marsh, Jones, Ryan, and Priest—I have been connected with the trade on the river four years—there are many barges named William.
Cross-examined by MR. M. WILLIAMS. Latimer has been in the habit of landing things from time to time at our wharf, and I was in the habit of seeing him almost daily, but lately I had not seen him for a month—I might see him hundreds of times and only say "Good morning"—he comes on business for himself as a lighterman—he said that he had seen Mr. Bellamy, and had his permission to land the wheat there—not that he would get his permission—"Latimer, William" means Latimer's barge William—I have seen many barges named William,
Re-examined. I think he has landed something there before in 1875—1 have never seen any barge William belonging to Latimer.
WILLIAM BELLAMY . I am a wharfinger of Gordon Wharf, Rotherhithe—our general rule is not to permit anything to be landed without a voucher for ownership—I do not recollect anything ever being landed and not entered in our books—it was Latimer's duty to make the first entry in his own rough book, and of my clerks to prepare entries in the other books of the firm—the landing and delivery books are here; the bulk book is posted from them—I have known Latimer fifteen years—he was a factor's waterman at one time, and a lighterman as well as a dealer in wheat, sweepings and so on—he did not apply to me previous to 15th December, for permission to land ten sacks of wheat at Gordon Wharf, without documents—on 16th December, I first saw the ten sacks on my wharf and gave directions about them—I saw Latimer at the office on the Tuesday following—he said "Mr. Bellamy will you deliver those five quarters of wheat landed on my account"—I said "Yes, if you will give me an order"—he said "Oh, yes, I have got the order," and put his hand in his pocket and gave it to me—I said "All right," and he left—this is it. (December 18th, W. C. Bellamy & Co., I authorise you to deliver to the bearer' for Mr. Skerman, five quarters of what ex craft, landed on my account for George Latimer, G. L.) I know Latimer's writing and should say that it is his—on the day after it was landed I found that there was no note with it, and I saw Latimer on the market, on the 17th, and said "Latimer, it appears you told my man I gave you permission to land five quarters of sweepings; I did not do so"—he said "Well, I did not think you would mind it, you have landed before for me"—I said "I do mind, don't do it again"—1 knew of Hester being taken in custody, at my wharf on Tuesday—I saw Latimer the next day at the Corn Exchange—I did not mention Hester's name, but I spoke to him about the wheat which Mr. Hadley had claimed—Latimer said "It is perfectly regular, I bought it in a regular way on the market"—I think he said that he gave 38s. for it, and that he had a sale note—he mentioned the man's name, but I won't be certain who it was—I said "That is all right, I am glad of it"—I have been in the market twenty-two years—I have heard of several people doing business in mats and bags, but there are
hundreds of people in the market who I never come across—I attend the market on Mondays, Wednesdays, and Friday's, and am not at my wharf.
Cross-examined by MR. M. WILLIAMS. I have known Latimer, fifteen years he is a respectable man—he mentioned a name where he bought it, and it is very likely that he mentioned the name of Martin, but I cannot say, the market is in Mark Lane, there are two buildings, the old and the new; I attend the old market—transactions in grain take place in both markets—I deal with large people—I land cargoes.
Cross-examined by MR. LILLET. Sacks are hired of persons whose business it is to lend them, Starkie for instance—sacks unfortunately frequently change hands by accident—sometimes they return to the possession of the rightful owner, and sometimes they do not.
WILLIAM BERRIDGE . I live at Jamaica Level, Rotherhithe—my sister, Elizabeth Berridge, carries on her late husband's business of a lighterman and I am employed by Messrs. Hadley, and I also assist my sister in her business—my sister's barges are hired at times by Messrs. Hadley to bring wheat from different, places on the river—Hester was formerly in my sister's service and his brother Edward worked under him at times—the course of business was to send empty sacks down in barges" to be filled at the place where the bulk was and brought back full to the mills at Black-friars—in Messrs. Hadley's business full sacks would not be sent down the river, only empty ones—on 13th, 14th, and 15th December there was a cargo of Calcutta wheat in the Victoria Docks belonging partly to Messrs. Hadley—the prisoner Hester made out this account of his work during that week; it is in his writing. (This contained the following: "Tuesday night, William, from D. to Deptford. * Wednesday, William, from Deptford to Mill.") It was Edward Hester's duty to load the barges at the Victoria Docks and bring them up the river to the mill—he could get to Blackfriars in one tide—I did not give the prisoner Hester directions until Tuesday evening about 6.30 or 7 o'clock to go to the Victoria Docks and join his brother—he had been employed on Monday navigating another barge, the Lizzie—I gave him no intimation till Tuesday evening that he would have to go to the Victoria Docks to his brother—I have to direct the men where they shall go—I never employed the prisoners on the William—the William. was not employed at this time by any one except Messrs. Hadley—on Tuesday 21st December the watchman Crossley, employed by my sister, gave me some information, in consequence of which I went to the river-side to Lucas & Skerman's wharf, but could not see the barge William—I went to the Platform Wharf and looked again but could not see a barge of that description—I then went down to Gordon Wharf—I first caught sight of Hester and the barge William, four or five barges outside Messrs. Bellamy's Wharf being made fast, and after Hester came ashore I'gave him his orders; at the time I was speaking to him I saw ten sacks of wheat on. Bellamy's wharf, three marked "Hadley," and seven marked "Starkie—that is the usual way in which our sacks are marked—Starkie is a sack-lender; I have borrowed thousands of sacks of him—I never lent any sacks of Hadley's—I said to Hester "You are having a pretty nice game"—he said "Nothing to do with you, Governor"—I gave him in custody—I saw the barge William there—I was present when the police took possession of the ten sacks—up to the time of seeing them there I had no notion whatever that ten sacks were there—these chalk marks were more legible than they are now, they have got rubbed off—I can see now "Swp," I believe,
and according to what I have seen of the prisoner's writing on sacks, I believe it to be his, but I should not like to swear it.
Cross-examined by MR. LILLET. I personally saw the cargo of wheat at the Victoria Docks about November last—I believe the ship was City of Manchester—the wheat was then on the jetty—it was Indian wheat—a large quantity of wheat of various kinds is imported here from India—we have missed Hadley's sacks, and sometimes they come back, and sometime they do not—we use thousands of Hadley's sacks—we also hire Starkie's sacks—I was at the City flour mills when I told Hester to go down and join his brother on board the William; that was about 7 p.m.—I do not know that I detained him later, and that he complained that the last train would be gone—he did not tell me afterwards that he lost the train, and was obliged to walk down—I cannot say whether he accompanied me to the corn market on the 15th, but he most likely met me there—the market is from 11 o'clock to 2.30—he was not with me at the Corn Exchange from 1 o'clock to 1.30; nor was he there to my knowledge—we were in want of that very barge of wheat, and Mr. Hadley was very angry that the barge was not up—I did not see Hester that morning till after he got up with his bargs-1 swear I did not see him before the barge got up to the flour mills—to the best of my belief I saw him in the market that afternoon—persons are not admitted into the market from 2.30 to 3.30, but plenty of sales are transacted after 2.30—the door is closed, and you cannot go in, but those inside can transact business or go out—I believe I was in after it was shut that day, but I should not like to swear that I saw Hester—it is the best part of five miles from Victoria Docks to Deadman's Dock, and from Deadman's Dock to Gordon Wharf, is very nearly two miles, or it may be under it—it was high water at London Bridge at 3.42 on the morning of the 15th, and the difference at Victoria Docks would be about twenty minutes—I do not know whether it is more than that—if the wind was blowing hard from the S.W. it would obstruct the progress of the barge—I was not out that night—Hester was in my brother and sister's employ about four years—I can only speak to eighteen months of my own knowledge—each barge on the river has a number as well as a name, but lots of barges have one man's number on them—there are many Williams navigating the Thames.
EDWARD HESTER . I was employed by Messrs. Berridge, and had to obey my brother's directions, who was foreman—on 13th December I was with the barge William at the Victoria Docks loading wheat for Messrs. Hadley—I got in 130 quarters, 260 sacks on the 13th, and 140 quarters, or 280 sack, on the 14th—she would have carried another quarter—Starkie's marks and Hadley's were upon the sacks—after loading them, I put a tarpaulin on, and nailed them down with 5 1/2 inch nails—I finished loading on the 14th, a little after dinner time, and made all secure—I did not leave the barge then; I only went and got my pass, and then took her down to the grand entrance of the docks, close upon the river, and left her there—I returned at 10.30 p.m., and then remained by the barge—I did not know at all who was coming down to help me with the barge—I took the barge out of the docks by myself, and it was 12 o'clock when she was outside—if she had gone off then wa might have got home to Blackfriars with that tide if the wind had lulled a little—my brother came at 1.30 a.m., and said "Now, then, look sharp—we then navigated the barge to Deadman's Dock; that is a safe place for making barges fast till the next tide serves—we made fast there, and we both went off the barge to my brother's house in Adam Street, Rotherhithe
—I left him there about 5 o'clock, and he gave me orders to go into Milwall Dock the same morning, and load two quarters of wheat in Starkie's sacks—I saw nothing more of the William—I know no man named White in the docks; a man was there when I loaded, but I do not know his name—I have not seen him since.
Cross-examined by MR. LILLET. My brother told me when he arrived that he did not leave the governor's house till the last train had gone from Fenchurch Street, and that he went and had a bit of supper and had to walk down—the tide served about 3.30, and he was there at 1.30—the wind was blowing very hard from the saw—that is an adverse wind, it was against me—that would make a very great difference in getting up the river—I could not possibly have got up to Blackfriars in one tide In the quarter—the wind was blowing, even if we had started at low water—we got as far up as we could and left the barge at Deadman's Dock, Deptford—I received orders to go and load another barge—my brother was foreman, and according to the rules of the firm it was his duty to give me orders and directions—it is 4 miles, or a little more, from Victoria Docks to Deadman's Dock by the river, and about 2 miles from Beadman's Dock to Gordon Wharf, and from there to the mill about 2 miles—it would take us two hours to get there in that state of the wind and tide.
Re-examined. With that tide and wind, we could not, starting at 12 o'clock, have got home, but we could have got to the Pool, London Bridge—we could have made fast at the Pool.
JAMES SKERMAN . I am a miller, of Rotherhithe—Latimer has done lighterage work for me for the last two years—I was examined once at the Greenwich police-court—I was shown this paper, or a copy of it, at Mark Lane on the Friday before January 6th—up to that time I was in entire ignorance of any order to deliver 5 quarters of wheat—I have waterside premises—we land direct from the river.
Cross-examined by MR. M. WILLIAMS. Latimer has done my work as a lighterman for two years, but I have known him by sight in the Com Exchange for many years—we have had several dealings—I had a foreman named Martin Herbert.
Re-examined. I keep books—Herbert had nothing to do with them, they are kept at Waltham Abbey, where I live—all entries of purchases are made there—I have not got my books here; there is nothing in them in reference to this transaction.
GEORGE CURZONS (Police Sergeant R 13). I have the custody of ten sacks of wheat delivered to me in the presence of Laxton and Mr. Berridge from Gordon Wharf—these (produced) are samples from it—when I first saw the sacks "Sweep" was written on several of them—I have handed samples to Mr. Andrews—these (produced) are samples from the bulk wheat I got at Hladley's mill.
Cross-examined by MR. M. WILLIAMS. Latimer surrendered himself on 30th December; he had written to say that he would do so, having heard that there was a warrant out against him.
Cross-examined by MR. M. WILLIAMS. There is a good deal of that kind of wheat in the world.
Cross-examined by MR. LILLET. When a cargo of wheat arrives from Calcutta it is sold to different persons.
WILLIAM TANNER . I am a greengrocer, of 137, High Street, Poplar, and shall have occupied those premises with my wife and family five years next August—I have never underlet any portion of the premises—William Martin, a dealer in mats, has never rented any part of the premises—I never gave leave to any one to use my address.
Cross-examined by MR. M. WILLIAMS. I do not know Mr. Preston, the solicitor for the defence—three men came to my place to make inquiries—I should not like to say that Latimer is one of them—I have seen a bill offering 5?. reward for Martin, not 50l.
Cross-examined by MR. LILLET. That was two months ago.
WILLIAM MARTIN . I live at 52, Robin Hood Lane, Poplar, and have carried on business there fifteen months as a corn dealer—I never lived at 137, High Street, Poplar, nor did I ever use that address—this sale note and invoice are not my writing, I know nothing about them—I never had any cards printed in my life—I am the only person in Poplar carrying on business as a dealer in mats, rags, and sweepings.
STEPHEN JENNINGS . I occupied 137, High Street, Poplar, over twenty years ago, before Mr. Tanner lived there—I never heard of William Martin, in that neighbourhood, a dealer in mats, bags, and sweepings.
THOMAS GUNDRY (Detective Officer K). I am connected with the Poplar police station, and have known the neighbourhood eleven years; I have never heard of William Martin, a dealer in mats, bags, and sweepings, in Poplar.
JAMES CARTER . I have been a letter carrier nine years, and have been engaged in delivering letters in High Street, Poplar; I have no knowledge of ever having had a letter addressed to William Martin, 137, High Street, Poplar.
JOHN HADLEY . I am in partnership with my brothers—we had a parcel of Calcutta wheat in the Victoria Dock—it was a fixed quantity—we paid for what we bought, and there was a deficiency of forty or fifty sacks, and the people made good the loss.
Cross-examined by MR. LILLET. Sometimes when a cargo is sold out the last person is liable to find a deficiency, but we bought a specific quantity and it turned out deficient—we only had three barge loads; I do not know whether the barge William brought up the quantity that was put on board, the books will show that.
Cross-examined by MR. M. WILLIAMS. Our receiving foreman counts the sacks as they are brought into the mill—he is not here.
Witnesses for Latimer.
MARTIN HERBERT . I am foreman to Mr. Skerman, the witness—I have known Latimer about eight years, he has always borne a good character, and Mr. Skerman has had dealings with him—on a Wednesday or Thursday in December he told me that there was, I believe, five quarters of wheat lying at Mr. Bellamy's Wharf, and would I take it in—he also said that he had fifty or sixty quarters of wheat or sweepings lying at the Victoria Docks, which would be there and he was going to show it to be Mr. Skerman—he subsequently brought me a note of some description; I think this
is it (produced)—he told me to take it to Mr. Bellamy, and he would deliver me the wheat; but I did not apply for it on account of a pressure of business—fifty quarters came up on the Friday or Saturday, but it was not landed owing to this case.
Gross-examined by MR. BESLEY. I was examined once at Greenwich—I saw nothing of the barge with the fifty quarters till the Monday or Tuesday—I had no right to buy the fifty quarters, and Mr. Skerman refused to buy it on 11th January—I did not tell Mr. Skerman that these five quarters were mixed up with the fifty quarters, about which there was a charge—I did not buy any—I do not as a rule take in goods before I buy them—I never take in goods without telling my master, that the entries may appear in his books—I should have delivered this order but it was a trivial little lot, and I took no notice—I never got Mr. Skerman's authority to bring the ten quarters of wheat to his premises—I never communicated to him that there was an application to me to take possession of property I had not bought—I did not communicate with him till Latimer was in custody.
STEPHEN EMMETT . I am a lighterman, and have been in Latimer's employ, between two and three years—he deals in wheat and wheat sweep-ings, and is also a lighterman—on a Monday, about a fortnight before Christmas, I saw him in conversation with a tall man-about my height who I have often seen in the Docks and on the old Corn Market, and on board ships, trying to get bargains—I did not know his name then, but I heard on the following Wednesday that it was William Martin—I was waiting that Wednesday for a man, and Latimer told me not to go away as he wanted to send me something—I waited a few minutes, or it might be half an hour—the man went away, and then he came to me and said "Go down to Gordon Wharf and ask them to land five quarters of wheat that I have just bought of that gentleman that you saw leaving me"—I said "Yes," but I called at two or three places first—I went to Gordon Wharf, saw Laxton and told him that I wanted it landed and then went away.
Cross-examined by MR. BESLEY. Q. Just take that piece of paper and write for me the word "Latimer" and the word "Martin." (The witness did so). That is my ordinary writing—I did not write these other papers upon my oath.
Re-examined. I am not in the habit of committing forgery.
JOSEPH MARSH . I am an engine driver at Gordon Wharf, in Mr. Bellamy's employment—I was called at Greenwich police-court as a witness for the prosecution by Mr. Besley—on loth December I had an order to help land five quarters of sweepings, from Laxton, the foreman—we landed it and I carried five of the sacks myself—I saw the lighterman standing on the after part of the barge—it was not Hester—I did not notice the name or number of the barge.
Cross-examined by MR. BESLEY. Before I went to the police-court, Mr. Meering, the clerk, did not take me to Greenwich police-court, nor did I see him before I was examined—I was, I believe, taken down to Greenwich with Laxton, our foreman, when Hester alone was in custody—I did not say "That is the man right enough," I swear that.
Re-examined. I am still in the same employment where Laxton is foreman.
MORRIS HART . I am a Government contractor, of Terrace Place, Stepney Green, and am a purchaser of wheat sweepings sometimes—I attend sales for that purpose—there was a man named Martin bidding for some marked
sacks at Irongate Steam Wharf—I have a contract with Government for empty sacks—they change hands—I won't say that I have had Hartley's sacks, but I am certain I have bought a dozen differently marked sacks at Irongate Steam Wharf by public auction.
Cross-examined by MR. BESLEY. I do not know whether I ever had any transactions with Martin—I may have—I have no writing from him—he did not give me a card—I never spoke to him.
JEREMIAH LYNCH . I am a master stevedore of Shadwell—I know a man who goes by the name of Martin—I cannot swear that his name is Martin—I have purchased very bad sweepings of him from ships' holds—he has had cards, but I have not had them, not to notice whether it was 97 or 197—this card is like those he had.
Cross-examined. I last saw a card like that six months ago—it was in my hands—Martin gave it to me on board one of the steamboats—I have not looked for it; I may have destroyed it, I have so many given me—I only know where he lived by the card—I know that a reward has been offered for the printer of this card—Martin came to me on 12th December, Saturday, and asked me if I was the buyer of some sweepings—I saw him again on the 19th outside the George, at Woodford—it was months before that that he delivered me the card—I have had transactions with him; I have purchased mats from him—I have no writing from him.
JOSEPH FARRYER . I have been a licensed lighterman some years—I have known Latimer some years—I have heard of Martin, a dealer in mats and sweepings, and I saw him once talking to Latimer in the market, and I have seen him in the docks.
By MR. LILLEY. I know Hester; he bears the character of an upright honest man.
Cross-examined. I was not asked to come as a witness—I went to the police-court to hear the evidence—I was not there when Hester only was in charge—my first attendance was on the morning of Latimer's surrender—I was neither inside or outside the Court when Hester only was in custody; I was not in Greenwich at all—I was in partnership with Latimer; it lasted three months—I never heard of transactions with Martin—I was only in the lightering part—I never saw his writing—I only knew that Hester was in custody by seeing it in the newspapers—I was at the police-court every time Latimer was there—he called as a witness Mr. Skerman's man.
Re-examined. I saw Mr. Besley at the police-court, and I am not likely to forget it—Latimer was formerly my partner, and I take an interest in his welfare.
Witness in reply.
EDWARD MEERING . I am clerk to Newbon & Co., of Doctor's Commons, solicitors for Mr. Hadley—I was engaged in the prosecution of Hester and attended before the Magistrate at Greenwich police-court—I saw Marsh there on 30th December, the morning that Latimer surrendered, and before Latimer was put before the Magistrate—Marsh had seen Hester previously in my presence; Laxton, Marsh, and I were going to the station at the time; Marsh and I were walking alone, and I said to him "You see, Marsh, Laxton will prove the false pretences and that the goods were landed, and you will identify Hester as the man who brought the barge up"—he said "Oh yes, he is the man right enough"—I am sure that was said by him after he had seen Hester in custody.
Cross-enamined by MR. M. WILLIAMS. I do not always hear correctly—I am a little hard of hearing.
Cross-examined by MR. LILLEY. Marsh was examined before the Magistrate and gave the same evidence of identity as he has today.
Re-examined. I spoke to Marsh and heard what he said.
Cross-examined by MR. M. WILLIAMS. I saw him that day at the wharf.
Cross-examined by MR. LILLEY. After I saw the five quarters on the wharf on 15th December I chalked on two of them"5 qrs. William"—there was "Sweep" on them when they came in.
By MR. BESLEY. I did not chalk that—Emmett came just before Latimer, he spoke to me about a sample of wheat he called sweepings, and I told him I knew nothing about it, and did not see him afterwards—Latimer came not many minutes after that.
Latimer received a good character.
HESTER— GUILTY — Five Years' Penal Servitude.
LATIMER— GUILTY — Two Years' Imprisonment
Before Mr. Baron Cleasby.
ALICE CHILDERS . I live at 67, Neale Street, Camberwell—I am single, and in the employment of Mr. Carman, of 40, Boyson Road, Camberwell—I had been in the habit for some time of walking out with the prisoner—I ceased to do so for two months previous to the 12th January—on that night, about 9.30 or 9.45, Mr. Carman sent me out on an errand—it was a snowy night—when I got to the Albany Road I saw the prisoner coming down the Albany Road and I stopped and looked into a shop window to avoid him; the shop was at the corner of a street, I don't know the name of it; it was a turning leading to the canal—the prisoner came behind me and said "You b—, I owe it you," and he took hold of my waist and threw me in the water—I did not feel nothing, all my breath was gone—I could not soream; he took hold of my waist and I felt no more till I was in the water—I don't know how far he pushed me—he had threatened me before this, the night I went to my new situation; that was on a Sunday, I don't know the date; I had been at my place, Mr. Carman's, two months and twelve days—he said if I deceived him he would catch hold of my throat and gnaw me to death—I did not see anybody about when he came up to me on this night—after I had been in the water I felt something hard, and I managed to stand up and screamed my loudest—a gentleman came up and assisted me out.
Cross-examined. I had known the prisoner just upon twelve months—he promised he would marry me on 22nd August—I kept company with him before that—I don't know the date that I went into Mr. Carman's service, I can't say how long it was after the 22nd August; I was in another place for a month before I went there; I left that of my own accord, it was too hard for me—it was on the occasion of my going into Mr. Carman's service that he used the words I have stated, I am quite sure of that—he has never
used any other threatening language to me; we had had no quarrel then—it was because I would not go out with him, because he drank so dreadful bad, my mother wished me not to go out with him; that was why I would not keep his company—I was not engaged to him then, I did not speak to him after that—he seduced me on the 22nd August, coming from Brockley—he went by the name of Alfred Mason, I never knew him by any other name—he promised me marriage and then he threatened me if I ever deceived him, that was the night before I went to Mr. Carman's—I was never in trouble with any other man; I was never spoken to by any one else, I am quite certain—the shop I stood looking into on the night in question is at the corner of the turning down to the canal, I could not tell how far it is from the shop to the canal, it is not so long as this Court—he took hold of my waist and I felt no more till I was in the water—he carried me down the turning and threw me into the canal; it is rather deep where I was, I should think—I must have gone under the water, for I felt the bottom, I stood up when I came up again—I mean to swear that I was deliberately carried down the street by him holding me in his arms and thrown into the water—I lost my senses, I felt nothing, I could not scream—there are no houses down this turning—I swear the prisoner is the man that did this—1 had no communication with him from the time I went into Mr. Carman's service up to this time; he had never been to see me and never threatened me; I had not given him any cause to do anything—I never spoke to him; I had not been walking with other men.
Re-examined. I broke off my engagement with him in consequence of his drunken habits and his threats—on the righthand of this turning leading to the canal there is a yard, and on the left a number of sheds—when I first went into the water I did not feel my feet; afterwards I felt the ground—it was the same day that he proposed marriage that he seduced me.
By THE COURT. MR. CARMAN'S is I think two turnings from the corner shop, it is no great distance—I did not tell him when I went to Mr. Carman's that I would not have anything more to do with him; ray mother saw him with a lot of people in the road, and she said I was not to speak to him again or go out with him; I never told him that I would not walk with him, I was afraid to say anything to him—I had not said anything to him to make him say if I deceived him he would catch hold of my throat and gnaw me to death—I had never seen him from the time I went into Mr. Carman's employment until 12th January—I went out every Sunday—the night after 22nd August, I went with him to the South London—I did not walk with him afterwards; I was quite frightened when I found what he had done; I had been out with him frequently before that.
By THE JURY. I think I was in the familyway when I was thrown into the canal; I thought I was sometime before.
EDMUND READ (Detective Officer P). I took the prisoner into custody, about a fortnight after the occurrence; I met him in the London Road—I told him the charge—he said "What will they do to me for it"—"I told him he had better come and see"—I have had a place at this canal pointed out to me; I went there with Mr. Carman, it was a snowy night—I saw footsteps all round the towing path, and at the further corner I found the place where the prosecutrix had been pulled out by Mr. Raysbrook—I produce a place which I made—it is 37 yards from the shop window to the corner of the canal where she where taken out—it is merely a bye turning to enable the vans to go down to the wood yard, there are no houses, only a
yard on one side and sheds on the other—I have measured the depth of the canal at the nearest point to where she was supposed to be carried, it is 3 feet 5 inches, a little to the right it is 6 feet 8 inches, and in the centre 5 feet 7 inches—the deepest part is about 10 yards from where she was thrown in.
ALFRED ROBERT CARMAN . I live at 40, Boyson Road, Camberwell, the prosecutrix was in my service—I sent her out on 12th January, about 9 o'clock in the evening—she was brought back about 9.50 quite wet, water was running from her clothes—she appeared to be suffering from cold and exhaustion—we put her to bed directly.
Cross-examined. She was quite wet all over, from top to bottom; I can't say whether there was any mud on her dress; I did not observe that—the ground was covered with snow; she had a bonnet on when she went out;—it was quite sodden when she came back, it was on her head, not exactly in the usual way,' it was slightly disarranged, it was rather falling, but not off her head—the upper part of her clothing was sodden—so that you could have wrung it out.
HENRY RAYSBROOK : I am a packer and live at 16, Elizabeth Terrace, Blake's Road, Peckham—on the night of 12th January, I was passing along the Albany Road, when I got to the corner shop, I heard a cry as if. someone was in great agony—I stopped and listened and heard it a second time—then Iran round to the spot where the cries proceeded from and found the young woman in the water—the second cry was not above a minute after the first, hardly that—the prosecutrix was standing in the water with her hand just resting on the side, she could just react the top of the wall—I caught hold of her and assisted her out—she was at the extreme corner; the depth there as marked on the plan is 3 feet 6 inches—' I did not see anybody else there—I took her to her master's house—she was exceedingly wet, the water was running from her in the passage when I got her home.
Cross-examined. I went down the turning leading to the canal and turned to the left, it is only the matter of a few yards about thirty I should say.
THORBURN PATTESON . I am surgeon of 12, Brunswick Road, Camber well—on the 14th January, I was called to see the prosecutrix at the workhouse infirmary—I examined her, she was suffering from the effects of cold—I have seen her since—I did not observed that her eye was affected, I found a braise above her right hip—that was the only mark I found, it was more likely to be cause by pressure than a fall.
MR. GRAIN called the following witnesses for the defence.
EDWARD MILLETT . I am now an omnibus, conducter and live at 20, Parsonage Walk, Newington Butts—at the time in question I was a compositor—on the evening of 12th January I left my work in Deacon Street, Wal-worth. Road, about 8.50. and went to the Prince George public-house in St. George's Road, South wark—it must have been 9 o'clock when I got there—the prisoner came in immediately afterwards—I remained there about a quarter of an hour—he was there the whole of that time—I know the canal in the Albany Road—that is rather over a mile from the Prince George, I should think a mile and a half—it must have been about 9.20 when I lelt the public house—I left the prisoner there—I am quite sure of the date and of the time within a minute or two.
Cross-examined. I was at work the day before at 34, Deacon Street, as a
compositor—I can't recollect where I was at 8.45 that night—I was at the Prince George on the night after the 13th, I was not there on the 14th—I have been an omnibus conductor a month last Friday, I was taken on on Saturday 18th—I have known the prisoner rather over twelve months—I did not know that he went by the name of Mason—I was not examined before the Magistrate—his mother spoke to me about coming here, two or three weeks ago, just after the second hearing at the police-station.
By THE COURT. The prisoner lived in Elliott's Row, St. George's Road Southwark—can't recollect the number—it is quite away from the Albany Road.
LEWIS KERB . I am a bag manufacturer, and live at 44, Holyoake Road, Newington—I know the prisoner—I lodged with him on the night of this occurrence, the 12th January, not at his mother's house, but in Elliott's Row, where he lives—I was in Carr's beer-house that evening about 9 o'clockor 9.15—it is in St. George's Road, near the Elephant and Castle—the prisoner was there, and I paid him 1s. that I owed him—I was there about 9.20, but I cannot recollect after—I could not exactly say whether I left the prisoner there—I should think it is about a mile from the Albany Road.
Cross-examined. Carr's is the Prince George beer-house—I can't say how long I have known the prisoner—I was not called before the Magistrate; I think his mother first spoke to me about coming here—I had a subpoena last Saturday week, she left it at my house.
ANNIE LINKIN . I am married—I live at the same house where the prisoner lodges—I know Alice Childers by her coming backwards and forwards Sunday after Sunday after the prisoner, and if she did not see him, she would send a bit of a boy after him; and she said if she did not have him, she would make away with herself—she did not see him then, because he had told me to say he did not want her—she never saw him that I know of—I could not tell you the time when she said this—it was the last Sunday that she came—I could not tell the day of the month—I am no scholar; it was this year, somewhere just before Christmas—I was not at home on 12th January.
Cross-examined. I was not called before the Magistrate—his mother spoke to me first about it—I could not say when—I knew that the prosecutrix had not seen the prisoner at all for ten weeks before 12th January—it was before that ten weeks that she said this about making away with herself—I can't tell when it was—it was on a Sunday; she used to come Sunday after Sunday, sometimes twice on a Sunday, but did not see him.
THORBURN PATTESON (re-txamintd). I have seen Alice Childers several times since this matter happened—on those occasions she has given me four different accounts of it—on the 15th, the day after she was brought into the hospital, she said she had been out that night; that it was a snowy night, and she lost her way, and had fallen into the canal—those were her words as nearly as I can recollect—the second statement was a day or two after, and that was that while she was out on a message a man came from behind and pushed her into the canal—the third statement was a day or two after that again, that while she was with a young man, she heard some one come as they were round the corner; they thought it was the police, and they ran off, and in turning at the corner of the basin in taking a short cut, her foot slipped and she tumbled into the canal the fourth statement was made on the day of her discharge, the 21st January, that was made before the nurse, and it was to the effect that her young man had thrown her into the cause
—one of her statements was that she was in the family way; she said that while in the hospital; but she has also stated that she was poorly when she fell into the canal—she was not in the family way as far as I could discover.
Cross-examined. It is not uncommon for women, when seduced, to think they are in the family way—I did not mention these matters before the Magistrate; I was prevented by detective Read; he said he had volunteered statements and had been told not to answer any thing what he was asked—I myself have experienced the folly of trying to volunteer in the witness-box, and have been snubbed by counsel for doing so—I did not mention it to-day until I had sent word to counsel.
MR. BRINDLEY, in reply, re-called.
ALIOE CHILDEBS . I do not know Annie Linkin—I have never seen her—I never said to her that I was going to make away with myself—I did not go Sunday after Sunday to the prisoner's lodging—the doctor examined me at the hospital and told me I was seduced—I told him this affair just as it happened—I did not tell him that I had lost my way in the snow, and had fallen into the canal—I did not say anything about slipping into the canal—I told him that I was out on a message, and a man came behind me, took me by the waist, and pushed me into the canal—I did not say I was out with a young man and heard a noise and ran, and that my foot slipped and I fell into the canal.
Cross-examined. I went once to the prisoner's lodging for these beads (producing some)—he told me if I went to his bedroom he would give them to me—I did not go there repeatedly on Sundays asking for him; it is untrue—I saw Mrs. Linkin on the Sunday that I went for my beads—I don't know her (looking at her)—I never saw her before to-day; that I swear—I never said to her that unless I could have the young man, I would make away with, myself.
SUSANNAH KING (examined by MR. GRAIN). I am landlady of the house where the prisoner lodged—he is a very steady upright young man—this young woman was always coming every Sunday to see him, and would not go away from the door; she has stood at the door many a time as if she was foolish—I don't recollect any particular night in January—the prisoner used to come home from his work about 10 o'clock or 10.30, and sometimes sooner—I don't remember being struck by his absence any night—I have answered the prosecutrix at the door many a time on a Sunday afternoon about 3.30—she said she wanted to see Alf—I said he was not at home; and she has told me once or twice that she knew he was at home—he has never seen her—she has not made any statement to me about herself—I sent Mrs. Linkin out one Sunday to speak to her, because I was tired of going out to her.
Cross-examined. I don't recollect how long ago that is—I always called the prisoner Alfred, he was never called Mason.
NOT GUILTY .
There was another indictment against the prisoner for an assault upon the same person upon which no evidence was offered —
NOT GUILTY .
MR. GILL conducted the Prosecution; and MR. STRAIGHT appeared fa
Smith, and MR. C. MATHEWS for Retts.;
RICHARD HILL . I am a mineral-water traveller, of 128, Caledonian Road—on the evening of 5th February I was in Great Suffolk Street, Borough soliciting orders from my old customers—I had come by bus from London Bridge Station; it was about 7.30—I was walking along Suffolk Street and these three men followed me; Reets and Hatfield got my hands behind me and held me there and pressed me back and Smith put his hands in both my pockets—they did not say anything—I struggled as hard as I could—they pushed me into the doorway of a little cigar shop—I had 17s. in my pockets, they took 16s. and left one in my pocket—my money was safe when I got out of the bus, and was walking down the street; I felt them take it—this did not take two minutes—I had never seen them before—they all three ran away—I only had an opportunity of seeing them while they were doing it—I have no doubt at all about their identity—I went to the Borough police-station and gave information, and then went home—I afterwards had a telegram that same evening—I went to the station and there recognised the three prisoners—they were in a passage-way with several others—my money consisted of three or four half-crowns, two or three florins, and the remainder in shillings—it was about 7.30 in the evening as near as I can recollect.
Cross-examined by MR. STRAIGHT. I do not travel for myself, for a Mr. Tucker—I had not been to work that day, I was to start on the Monday—I had been laid up for a month—I had been into two public-houses, one at the corner of Southwark Bridge Road, about 6.15—I was there about ten minutes—I had nothing to drink there—the other was the Duchess of Edinburgh in Great Suffolk Street, a new house, about 7 o'clock—I had a glass of ale there, nothing else—I was then walking along Great Suffolk Street—the cigar shop that they pushed me into is at the corner of a little narrow turning; there was no man in the shop, only two young ladies—I did not go in there after this, I went to the police-station—I think it was about 10 o'clock when I saw the prisoners at the station—they told me to go to the Bermondsey police-station and I went there; that was the fault of the people there—there were five or six other men besides the prisoners when I picked them out.
Cross-examined by MR. C. MATHEWS. It was about 7.30 when I went to the station and lodged my complaint; the station is nearly opposite Great Suffolk Street, it did not take me above two or three minutes to get there.
Cross-examined by Hatfteld. You had hold of my hand; I think you were on my left; it was very dark at the corner of the street—I deny that I could not identify you till the policeman pointed you out—I believe I pointed out the other two first and then I saw you; I did not look at the other persons; I pointed out you three immediately—it was Smith who put his hands into my pockets.
Re-examined. It was before before 7 o'clock when I was at the Duchess of Kent—I had a glass of ale there; I paid 1s. and had 10d. out—I had no difficulty in pointing out the prisoners at the station.
WILLIAM WALKEK . I am manager of the Duchess of Edinburgh public-house in Great Suffolk Street; it is about 50 yards from the cigar shop—I remember Saturday, 5th February, when this robbery occurred—the pri-sonoro were not in our house that evening; they were there about a few minutes past 12 o'clock in the day, the moment we opened.
CHARLES MCCARTHY . I am a printer's apprentice, and live at 10, Lant Place, Southwark Bridge Road—I was in Suffolk Street on this Saturday evening at 6.30 or 7 o'clock—I saw a struggle and ran over to the tobacconist's—I saw Hatfield come out of the tobacconist's with some money in his hand and he dropped some halfpence—I saw the prosecutor and asked him what was the matter, and he said he had lost 16s.—I did not see two other men; Hatfield ran away—I saw him afterwards in the Skinner's Arms public-house, and told a policeman I had seen him before—I did not see how many men there were struggling—I did not see anybody else come out of the shop after Hatfield—I was with Collins—the prosecutor picked up the halfpence that Hatfield dropped.
Cross-examined by Hatfield. I did not see where you got the money from—I saw the man it belonged to inside, he said it belonged to him—I did not notice how much money there was—you dropped some inside the shop on the mat and the gentleman picked it up—I went to the police-station and told what I had seen.
AUGUSTUS GEORGE COLLINS . Hive at 12, Lant Place, Southwark Bridge Road—I was in Suffolk Street on this Saturday night with McCarthy a little after 7 o'clock—I saw three young gentlemen shove a man in a tobacconist's—two catched hold of his arms behind, shoving him in, and one put his hands in his pockets—Hatfield was one of them; I had seen him before, and Smith also, two or three times—the three prisoners were together that night—I saw them run out of the shop and drop two or three halfpence on the floor; they all ran away—I heard them call Hatfield Punch; I don't know the names of the others—I went to the station—I saw them all three afterwards go into the Skinner's Arms, that was about 8 o'clock, and I told the police.
Cross-examined by MR. C. MATHEWS. It was a little after 7 o'clock when it was done—McCarthy was with me—he had the opportunity of seeing all that I saw—it was Hatfield that put his hands in the prosecutor's pockets—I had never seen Reets before—I went at once to the station, I got there about 7.45; I went there with the prosecutor—I am getting on for fifteen—McCarthy is a friend of mine, he was standing by my side, looking in the same direction.
ELLEN WALKINS , I live at the tobacconist's shop in Great Suffolk Street—I remember a scuffle occurring on Saturday night, 5th February, between and 8 o'clock, as near as I can say; I did not look at the clock; it was about 7.30, I think, or more than 7 o'clock.
Cross-examined by Hatfield. I was serving behind the counter—I can't say who I saw—I saw a scuffle—I thought it was a fight, and I said "Get out of here if you want to fight—"it rather frightened me—I could not swear to any of you.
JOSEPH TILLEY (Policeman MR 20). On Saturday evening, 5th February, I received some information, in consequence of which I took Hatfield into custody in the Skinner's Arms, Great Suffolk Street, about 8 o'clock—he was with the two other prisoners—I told him it was for highway robbery—he said he knew nothing of it—I searched him at the station and found on him two half-crowns, a two shilling piece, four shillings, two sixpences, and two half-peuce.
Cross-examined by MR. STRAIGHT. I know Valentine Row, Blackfriars if may be half a mile from the Skinner's Arms; I don't think it is more.
Cross-examined by MR. C. MATHEWS. I know Warwick Square, Blackfriars, that is hardly half a mile from the Skinner's Arms.
BENJAMIN GIBBS (Policeman MR 28). I received information about 7.55, and went straight to the Skinner's Arms—I there took Smith into custody—I told him I should take him for robbing a man in Suffolk Street—he said "I know nothing of it"—in Suffolk Street he got away from me and was stopped again at a little distance; I took him back, he was very violent and called on his friends to rescue him—I took him to the station with a great deal of trouble—the prosecutors was sent for and charged him.
Cross-examined by MR. STRAIGHT. I had to take hold of his collar—8s. 6d., a knife, and a pipe holder was found on him.
JONATHAN CHURCH (Policeman M R). I went to the Skinner's Arms, on this Saturday night, and took Reet's into custody—half a crown, a two shilling piece, one shilling, and sixpence, and 6d. of halfpence was found on him—when I told him the charge he said "I know nothing about it, you have made a mistake old man."
The following witnesses were called for the defence.
MATILDA GLENNOW . I am the wife of John Glennow, a hammerman, and live at 15, Valentine Row, Blackfriars—Smith lived in the same house with his mother—I remember his being charged with the offence at the police-court, on Saturday, the 5th February—I was over at Mr. Fulkard's pawnshop in the Blackfriars Road, about 6.40—I know the time because I had to call my husband at 6.40 to go to business—I saw Smith at the pawnbroker's getting out a pair of trousers for which he paid 5s. 6d—I came out about 6.45 and went home, and did some mangling—Smith's mother helped me—while I was talking to her Smith came in—that was just upon 6.50—I then went upstairs to call my husband—he got up and went out about 7.10—I came down and Smith went out—I saw that he went to the Angel public-house at the bottom of the street to his brother's—I am quite sure of that—that was about 7.15; it would take him about a quarter of an hour to walk from the Angel to Great Suffolk Street.
Cross-examined. I did not speak to him in the pawnshop—I know it was not earlier than 6.45—I fixed the time by having to call my husband—I was in the shop about five or ten minutes—I came out first and left Smith there—the last time I saw him that night was when he went out about 7.15—his mother afterwards told me he was in trouble—that was in the middle of the week, after the first examination at the police-court—she did not tell me he was charged with this robbery—I saw him go to the Angel, because I opened the door to see if it was raining at the time.
Re-examined. I was before the Magistrate at the Southwark police-court, and was examined and cross-examined. there, and my evidence was taken down and read over to me, and I was bound over to appear here.
THOMAS SMITH . I live with my mother at 15, Valentine Road—l ams a skin dresser—my brother lived at home with us; I remember this Saturday, the 5th February; I was at home that evening—my brother went out about 6.40 to go to Fulkard's—he was not gone longer than ten minutes at the most—he came back with a pair of trousers—I was then going out—I noticed that it was 7 o'clock then—I went straight to the Angel public-house, which is not above a minute's walk from our house, and my brother came to me there in about five or ten minutes—he stayed there up to
between 7.25 and 7.30—we had something to drink—I saw nothing more of him that night.
Cross-examined. I was at the police-court on the following Saturday—I did not know what he was charged with until I got there—I was called inside to specify what time he left me on the Saturday—he was taken into custody on the Saturday, and on the Monday he went before the Magistrate—I did not give my evidence then—I was not there—the first I heard of this was when I was at a friendly lead, and a young person came to me and told me my brother was in custody—that was on the Saturday evening, the same night, that he was charged—I was given to understand that this robbery took place at 7 o'clock—I was not told that on Saturday night—it could not have been above 7.2 when I got to the Angel—my brother came on after me, and after being there a few minutes he left me—it would take I dare say ten or twelve minutes to get from the Angel to Great Suffolk Street—I have seen the other prisoners, but not to have any conversation with them—I cannot say whether my brother was a companion of theirs—I have seen him speak once or twice to Hatfield—I have not seen him with the other.
ANN SMITH . I live at 15, Valentine Row, and am the mother of the prisoner Smith—I remember his being charged before the Magistrate on Monday, the 7th—on Saturday evening, the 5th, I was at. home—I am always at home on Saturdays, Thursdays, and Fridays—my son came in on this Saturday at 6.30—he went out to go to Fulkard's, between 6.30 and 7 o'clock—he returned "between 6.50 and 6.55 and went out again from 7.10 to 7.30—I saw nothing more of him until he was in custody.
Cross-examined. I went to the police-court on the Monday—I was not in Court—I heard that the robbery was supposed to have taken place about 7 o'clock—that was the reason I went on behalf of my son—I should not hare known the time he came home that night only my little girl was sent to bring in the time for my son Thomas, and she omitted doing so, and my lodger answered the time; that was Mrs. Glennow—she called downstairs that it was 6.55—I do not know either of the other prisoners.
AGNES REETS . I am the mother of the prisoner Reets and live at Warwick Square, Blackfriars Road—on Saturday, the 5th February, he was at my house at 12 o'clock in the day—he did not stay two minutes then, but he came back to his tea about 6 o'clock, in the evening the usual time—there was no one else there except two of my little children who had come from school—I knew it was 6 o'clock because I had been out for some milk two minutes before and and look at the clock—there was a clock at the dairy—as near as I can recollect it was about 6.50 when my son went out again——my attention was called to the time by a neighbour saying to a little girl "You must make haste to school) it is very near 7 o'clock"—I saw no more of my son untill I saw him at the police-court on the Monday—I gave my evidence on the Saturday—the ages of my children are eight and sis.
Cross-examined. I heard on the Saturday night that my son was in custody, I was not told what for—I went up to the station and they said your son will be home presently he is not locked up, if you come again about 11 or 12 o'clock, no doubt you will have him home with you—I was at the police-court and heard the evidence—I do not know that I heard the time the robbery took place—I do not know Mrs. Smith—I gave my evidence at the police-court and was bound over to come here—my son is a good son and the support of my little children—his father is in the Hospital.
GUILTY . Each of the prisoners were further charged with previous contortions to which they
PLEADED GUILTY. Other convictions were proved against SMITH and REETS— Seven Years' Penal Servitude each.
Before MR. JUSTICE GROVES.
MESSRS. MEAD and DOUGLAS conducted the Prosecution; and MR. HORACE AVORY the Defence.
ELIZABETH OWEN . I am the wife of William George Owen, an artilleryman—we were married on 9th October, 1875—the prisoner is my husband's brother—on 21st January I was living with my mother, Mrs. Hill, at 151, Regent Street, Lambeth, and at 430 I was upstairs dressing to go out—I called to my mother to bring up my boots and heard the prisoner say to her "I want to speak to her, I will take up her boots"—he knocked and opened my door and came in and gave me my boots—I said "Thank you Harry" took them out of his hand, and put them on, and he went over to the mantelpiece and leaned on it—I then took the key from the inside of the door and was putting it on the outside when he said "Lizzie, I want to speak to you"—I turned round and said "Very well, Harry"—he came over from the mantelpiece with one hand in his pocket and held me so tight with the other that I could not holloa, and then he took his other hand out of his pocket and struck some instrument into my throat, saying "I have been waiting for this opportunity for some time"—I could not call out, but I stamped my foot, and when he found that I did that he held me tighter and stabbed me again in my throat—I stamped again and then he knocked my head against the wall—I heard my mother say "Oh! she is fainting," and then she came upstairs—as soon as the prisoner heard heard her coming he let go of me, and then I pulled my door open and got out on the stairs and said "Oh! mother, Harry has cut my throat"—she laid hold of me and as the prisoner went downstairs he said "Whose throat?"—I said "My throat"—he went out of the house—I was attended by Mr. Scott.
Cross-examined. I have known the prisoner's family three years—I have not been on bad terms with the prisoner during that time because I had no occasion—I had seen him the day before this, he was in the house with me and my mother—we were on the usual friendly terms the day before—when he said that he had been waiting for an opportunity, I don't think he said waiting for an opportunity of speaking to me for some time—there were two wounds—he has the reputation of being steady and quiet—he was always at home with his mother—I had no reason to anticipate his doing anything of this sort—I have never had a word with him since I knew him—I was not aware that he bore me any ill will, and I have no reason for believing that he had any motive for the act or that it was due to jealousy—he has never paid me any attention so as to make me think it was done through jealousy—I did not see him inflict any wound upon himself.
Re-examined. The only time he said anything about an opportunity was when he stabbed me—his mother lives in the back parlour and he has come there or four times a week when his brother was at home—my husband has not been away since we have been married—his regiment returned before we were married.
ELIZA HILL . I am the wife of Thomas Hill, of 151, Regent Street Lambeth—when I went upstairs my daughter said "Oh! mother, Holry has cut my throat"—he was inside the room and holloaed out "Has cut whose throat?" and followed us downstairs—I then attended to my daughter—there were two wounds on her throat—I put a wet towel to it and sent for a doctor who attended her for a month.
Cross-examined. The prisoner came to the house between 3 and 4 o'clock that day, and was having a cup of tea; he was there the day before—I know of no ill-feeling between him and the prosecutrix—I never saw them behave otherwise than friendly to each other.
By THE COURT. I never saw anything in his conduct to my daughter, as if he was fond of her or the contrary—I never saw any difference in his mauner from the time I first knew him; it was the ordinary kind manner of a brother-in-law when he said "Cut whose throat?"—he spoke just the same as he did before.
JOHN SCOTT , M.D. I live at 231, Kennington Road—on 21st January I was called to Mrs. Owen and found a stab on her throat about an inch deep, and a cut about an inch long by the side of it—this knife (produced) would cause them—I attended her till 10th February—the stab would require considerable force.
Cross-examined. I saw the prisoner the same evening at 9.30, and found him suffering from a very severe wound in his throat—it was not dangerous—it might have been inflicted with this knife—it did not injure any dangerous part—it was a dangerous cut, but it was only one quarter of an inch deep, and 3 or 4 inches long—to the best of my belief, I do not think he knew what he had been doing—I did not mention it to him—his wound was on the left side of his neck—it might have been inflicted by himself, and I think he said that he had inflicted it himself—he appeared not conscious of having committed an act of this sort—I have had experience in the question of the human mind, and have had experience in lunatic asylums—in my opinion it is possible that lunacy or mania may exist in the mind without previous symptoms having displayed themselves—there is no doubt that this young man was labouring under morbid ideas for some time—I believe they were both in love with the same woman—he did not say or do anything to induce that belief; it is general observation—he did not say anything about being in love with this young woman; I heard that from somebody else—in some cases the act itself may be the only evidence from which to judge of a man's mind—taking the whole circumstances of a particular case they alone may be sufficient to lead to a belief whether or no a person is sane at the time—taking the fact that a man has committed an attack of this sort upon a person with whom he has been on good terms, or more than good terms, occupying the position of a brother-in-law; that, in my opinion, is evidence of insanity, taking the whole circumstances of the case—a man stabbing a woman without apparent motive, and then attempting suicide, is evidence of insanity to the best of my knowledge—the sudden impulse is also a matter from which I should judge—I do not think the prisoner knew the nature and quality of the act he was doing—I do not think he knew that it was a wrong thing to do at the time he did it.
Re-examined. From the prisoner's behaviour to me I infer that he was insane at the time—he did not seem to know what he was doing; he seemed quite uoconscious of having committed any wrong act—he said nothing at all—it was not simply from his silence that I inferred that he did not know
that what he had been doing was wrong, but he did not seem to be aware of what he had been GUILTY of—I have no other reason For forming that judgment—the fact of a man having done a thing of this kind, and rendered himself liable to a criminal charge, might be enough to confound him, and produce a kind of feeling which only implied that he had committed a criminal act—it might be the confusion of a sane person reflecting on the consequences of the act he had committed.
By THE COURT. He was in a state of mania to the best of my belief—I was induced to believe that he was insane from his general appearance and deportment; I formed the conclusion that he laboured under some disease of the mind—he did not seem to know what he had been doing.
By MR. DOUGLAS. I did not ask him any questions; I was not with him half an hour, only while I was attending to his wound—he remained perfectly quiet and allowed me to dress it and said nothing—I then went away—the policeman was not there—the belief in my mind was that he had a morbid feeling of love for this woman—I cannot say that the act was dictated by motives of jealousy—there are cases where a person murders a person he is in love with because his affection is not returned and commits suicide afterwards—I had heard about his being in love with the woman before I saw him, and I was under the influence of that belief when I formed my opinion.
Q. Then it appears by your evidence that this was not an act which had no motive; you say now that you formed your opinion because you believed he had a motive of the strongest kind, namely, jealousy or unreturned affection, or seeing the person he loved the wife of another man? A. That was the feeling in my mind.
By THE COURT. I had heard of the circumstances of the act, but I did not give any thought to his having committed the act from unrequited affection—he seemed to be acting very stupidly and did not seem conscious of what he had done to the girl—I mean to say that where a person from a belief in his own mind, he being in love, that his affection is unrequited, stabs a woman and attempts to commit suicide, that that is evidence of insanity alone, to a cortain extent—I do not mean that in all cases where a man makes an attack of this kind from a motive of jealousy he is exempted from responsibility for his actions—by jealousy I mean disappointed feelings from affection unrequited—it is my belief that a person perpetrating an act of this kind under feelings of unrequited love is not sensible enough to be responsible.
JOHN ROWLAND GIBSON . I am surgeon to the Gaol of Newgate—my attention was first called to the prisoner when he came in on Tuesday week and I have seen him every day since; my object was to ascertain if there was any derangement of his mind—I knew the case—he has been perfectly rational since he has been under my observation—I have conversed with him every day and have had conversations with him upon this act—he does not appear to be under any delusion with regard to it; he informed me that he had been drinking rather hard for a week before—he has no delusions—I have heard the latter part of Dr. Scott's evidence—I have had considerable experience of lunatics—I have been surgeon to this gaol for more than twenty years—I do not agree in jealousy being an indication of insanity—I cannot resolve the mere feeling of disappointed affection which arises in the mind when affection is not returned, into insanity—I should not consider an act of violence done under that feeling to be reasonable evidence of insanity,
not even though the person afterwards attempted to commit suicide.
Cross-examined. He was not suffering from delirium when I first saw torn.
Q. Supposing that the unrequited affection did not exist, are you not of opinion that an act of this sort committed on a person in friendly relations with the prisoner is an act not in accordance with the normal condition? A. I think one ought to know all the circumstances connected with the act before giving an opinion; perhaps I know more about the circumstances than any person in Court—there are different forms of mania, an infinite variety, and they would be excited by different causes—hearing the evidence of Dr. Scott that the man did not appear to know what he was about, and assuming it to be so, that would probably be evidence of some temporary derangement of mind and I should take it into consideration in es timating the nature of the act—I would not express an opinion of the state of mind he was in at the time, I only give my opinion of him since he has been under my observation there are no delusions existing that I can ascertain.
THOMAS SPBIGHALL (Policeman L 16). I was called from the station on 1st January at 10 p.m. to 139, Lower Kennington Lane, where the prisoner's mother resides, and found him in the front parlour; his throat had then been dressed—I told him I had come to apprehend him on a charge of attempting to murder his sister-in-law—he made no reply, and I took him to the station—he appeared to understand perfectly the nature of the charge—I judge from bis demeanour; it was the usual behaviour of an ordinary man—he went with me quietly—his mother handed me this knife.
GUILTY — Twelve Years' Penal Servitude.
Before Robert Malcolm Kerr, Esy.
He had been already convicted of fraud in January (See page 198) Five Years' Penal Servitude from the former conviction. [See January session, 1876]
MR. POLAND conducted the Prosecution.
WILLUM CARRUTHERS FITZGERALD . I am assistant to Dr. Neville, of 3, St. George's Circus—on 29th November the prisoner came to the surgery for a 1d. worth of sticking plaster—he gave me 1s., I put it in the tester an found it was bad, broke it in two pieces and detained the prisoner, and sent for a policeman—I said "This is a bad 1s., and you know it"—he made no reply—he was remanded and discharged.
ALICE COLLINS . I am barmaid at the Duke of Clarence, St. George's Circus—on 4th February, at 11 p.m., the prisoner gave me a florin, for 2d. worth of gin; I broke it in the detector and spoke to Wallis, the barman, who went out and brought the prisoner back—I believe him to be the man—I gave the florin to the constable.
Prisoner. I was running across the road and they took hold me; I was not going to get run over.
served; he is the man—when the florin was broken he rushcl out and left his gin and the change—I went after him; I lost sight of him just outside the door, but I followed and took him—I said "I want you"—he said "What for?"—I said "I will let you know when we get back"—he was given in custody—Skelton was there.
Prisoner. How could you see me? You were right round the other counter.
ROBERT CRANSTON (Policeman). The prisoner was given in my custody. at the Duke of Clarence, with two pieces of a florin—I found on him two shillings, three sixpencos, and eightpence in copper—he said that he had not been in the house since 8 o'clock, and he then tendered a sixpence.
GUILTY . He was further charged with a convicton of felony in August, 1875, to which he
PLEADED GUILTY— Two Years' Imprisonment.
MR. POLAND conducted the Prosecution.
MARY ANN ORAM . I do not know how old I am—I live with my mother and father at 34, Everett Street, Vauxhall—on a Wednesday in January I was going on an errand and saw the prisonor in Everett Street—he said "My dear, will you go and fetch me a half-quartern loaf," and gave me a florin—I went to Mrs. Teal's, and gave her the florin—I had no other—she gave it back to me, and I went back to the prisoner and said "Please, sir, this is a bad 2s. piece"—he said "It is not me, my dear; it is another man gone down the street"—he was given in custody, and I gave the florin to my father.
Cross-examined by the Prisoner. My mother did not say to my father "Lock up the first man you come to"—I know you by your coat and your face too—you had a long black coat.
EMMA TEAL . On 26th January this little girl came into my shop for a loaf, and gave me a florin—I told her it was had, and returned it to her—I asked her where she got it, she said that a gentleman gave it to her.
FREDERICK ORAM . On the evening of 26th January my little girl made a statement to me, and I went out with her into the street—I live about 50 yards from the baker's—she pointed out the prisoner to me crossing the road—I went to him and asked him if he gave my daughter a florin to fetch a half-quartern loaf—he said "No"—I kid hold of him and told him I should detain him till a constable came—he put his head under my arm and ran—I holloaed "Scop thief!"—he was stopped and given in custody.
Cross-examined. I have not got the man who stopped you, but I swear you are the man.
JOHN CHARRICK . I keep a coffee-stall—on 1st January, about 12.30 a.m., the prisoner came up with a woman and had some coffee, which came to 2d.—he gave me a florin—I gave it to my brother to get change—he returned with the florin, and said that it was bad—the prisoner said that I kept my
brother for the purpose of changing good money for bad and that my brother did not go further than the middle of the road—I gave him in custody with the florin marked.
Cross-examined. I did not tell the inspector that I had known you for some months.
Re-examined. He tried to strike the constable, but I held him. Thomas Charrick. I am a second class boy on board H. M. S. B oscawen—before I joined the service I was with my brother at bis stall—after my brother had served the prisoner and a female he gave me a florin—I took it to the York Hotel," opposite—the prisoner then said "I will get it," but my brother said "I am rather short I will get it"—the barman said that it was bad—I took it back to my brother and told him so—he sent me for a constable—the prisoner tried to get away and was fighting with my brother—he was given in custody—I had no other florin.
Cross-examined. I did not stop in the middle of the road; I went into the public-house and I believe the barman is here.
WILLIAM ABMSTONG (Policeman). On the morning of 1st January, Charrick gave the prisoner into my custody—they were struggling together—he said "You know me"—I said "Yes, I know you very well"—I found several sixpences, and shillings on him—he was taken to the station, but Charrick did not press the charge, because I knew nothing agaiust him—this is the coin (produced).
WILLIAM ROGERS . I shall be fourteen nest birthday, I-live with my parents—on a Tuesday night in January, I was going along Falooln Lane, and the prisoner spoke to me and said "My cockey will you go and get me four shillings for two two-shilling pieces?"—I said "Yes, where shall I go?—he said to the baker's—I went to the baker who said "Who is it for?"—I said "For a gentleman outside the Lord Auckland"—he went out and when I got out I would not find the prisoner—about two weeks afterwards I went to Wandsworth police-court and pioked the prisoner out from about a dozen mixed along of him.
Cross-examined. The people did not say "That is the man for the bad money"—I did not pick out a detective with a white coat on; I picked out you—I only know you by your moustache.
NICHOLAS BYRON . I am a baker—on 8th January, Rogers came to me for change for two florins—I found they were bad and went out with him, out did not find the man—I marked the florin and gave it to the policeman next morning.
Cross-examined. I did not tell the boy to say that you were the person.
Re-examined. The other persons placed with the prisoner were not constables, but persons I got from the courtyard for the purpose. W. J. Webster. These four florins are bad, and are from the same mould.
Prisoner's Defence. I do not know these children; I never saw them in my life; what they have stated has been placed in their months.
GUILTY . He was further charged with a conviction of a like offence in April, 1874, to which he Pleaded GUILTY**— Ten Years' Penal Servitude.
MR. POLAND conducted the Prosecution; and MR. C. MATHEWS the Defence,
CHARLES KRIGHT . I manage the Oxford public-house, Putney—on 12th January, between 5 and 6 o'clock p.m., I served the prisoner with a glass of stout—she gave me a half-crown, I gave her 2s. 1d. change and put it in the till where there was no other half-crown—I took it out twenty minutes afterwards; there was still no other half-crown there—I found it was bad, bent it, and threw it away in a field—on 22nd January she came in again for a glass of stout and gave me a bad florin—I noticed it directly and told her it was bad—she said that she was very sorry—I told her I should lock her up as she had passed a bad half-crown on me before—she said that she did not know it—I gave her in custody with the florin—she said that if I' would let her go she would give me the half-crown back.
Cross-examined. I was the only person serving and no more half-crown had been placed in the till—I do not think anyone had been served in the twenty minutes.
ERNEST HENRY RAY . I assist my father a linen draper in Camberwell Road—on 21st January about 1 o'clock in the day I served the prisoner with a 1d. worth of tape and a 1d. worth of cotton—she gave me a florin—I told her it was bad—she said "I am very sorry, I have just received it at the butcher's round the corner in George Street, if you will allow me to take it back, no doubt they will give me good money for it"—I had broken it in tester and she had the pieces back—she left and went in an opposite direction to George Street—I sent Odell to followed her.
ARTHUR LLOYD (Policeman). On 22nd January, the prisoner was given into my custody at the Oxford public-house Putney—she said she would pay Mr. Knight the half-crown she had passed previously if he would not have her locked up—he gave me this florin (produced).
Cross-examined. A half-sovereign and a penny were found on her.
She was further charged with a previous conviction of a like offence in January, 1873; to which she
PLEADED GUILTY— Five Years' Penal Servetude.
ADJOURNED TO MONDAY, APRIL 3RD, 1876.