CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 29TH, 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, May 29th, 1876, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON , M.P., LORD MAYOR of the City of London; The Hon. Sir JOHN MELLOR , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir ANTHONY CLEASBY , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir ROBERT WALTAR CARDEN, Knt., Sir WILLIAM ANDERSON ROSE , Knt., and ROBERT BESLEY , Esq., Aldermen of the said City; The, Right Hon. RUSELL GURNEY, Q.C., M.P., Recorder of the said City; WILLIAM MCARTHUR , Esq., M.P., JAMES FIGGINS Esq; SIMEON CHARLES HADLET , Esq., GEORGE SWAN NOTTAGE , Esq., others of the Aldermen of the said City Sir THOMAS CHAMBERS . Knt., Q.C., M.P., Common Serjeant of. the said City; and ROBERT MALCOLM KERR , Esq., Judge of the 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. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, May 29th, 1876.
Before Mr. Recorder.
MR. CRAUFURD conducted the Prosecution.
AMELLA ANN WELLS . My father keeps the Albion public-house in Thorn-hill road—on 24th April, about 5 0'clock, the prisoner came in and asked for a glass of ale—he tendered me a bad florin in payment—I told him it was bad—he offered to give me another, that was a good one—I sent for my father, he broke it, and told him it was not bad—the prisoner asked him to give it him—my father said "No," he should give him han if he liked, he was given into custody—I had seen him on the previous thursday and served him with 2d. worth of ginger brandy—he then paid me with a florin, I put it in the till without noticing it; directly he left I went to the till, and found it was bad, there was no other flolin there—I gave it to my father.
Cross-examined by the Prisoner. I am positive you paid me with silver on the Thursday; it was about 11 o'clock in the morning—there was another gentleman in the house—you asked if georgeo the previous Waitera was there, and I told he had left.
JOSEPH WELLS . On 24th April my daughter gave me a bad florin—I told the prisoner it was bad—he said he was very sorry, he had just taken it of an omnibus conductor if I would give it him back he would give me another one—I said "I shall not give it you back—I. broke it and gave him part—my daughter said "That is the man that passed the bad 2s. piece last thursday" I sent for a constable and gave him in charge—I gave the constable the piece of the florin with the other florin my daughter gave me.
WILLIAM CROSTON (Policeman Y 304). I was sent for by Mr. Wells and received the prisoner in custody—he said it was very hard it was a mistake—he resisted all the way to the station; I had to get the assistance of the landlord and another constable—I searched him at the station and found on him thirteen counterfeit florins ten counterfeit half Crowns, four counterfeit half-sovereigns, and a counterfeit crown piece, all wrapped in separate parcels with tissue paper between them—he said that I had put them in his
pocket—I did not do. so—he bad 16s. 7d. in good money on him—i received from Mr. Wells this counterfeit florin and this piece of a florin.
WILLIAM WERSTER . I am inspector of coin to the Mint—this florin and piece of a florin are both bad—here are also thirteen, counterfeit florins and amongst them eight are from the same mould as the first uttered florin there are ten counterfeit half-crowns all from one mould, and four bad half-sovereigns all from the same mould; also a bad crown piece.
The Prisoner's statement before the Magistrate. "I can only say what I have said in the letter I sent to the Magistrate, which I wish attached to the depositions." (In this letter and in his defence the prisoner alleged that he received the coins in question from persons whom he accidently came in communication with and that his object was to bring them to justice.
GUILTY —He also PLEADED GUILTY to a previous conviction of felony in March, 1871.— Five Years' Penal Servitude.
366. CHARLES ASHBY FERGUSON (18) , to two indictments for stealing, whilst employed in the Post-office, a post letter containing property of Her Majesty's Postmaster General — Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
PLEADED NOT GUILTY upon which he was acquitted.
370. GEORGE FREDRICK BARTON —(30), to three indictments for forging and uttering orders for payment of 6l. 5s. 3d., and 16l. 5s. 3d — Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT—Monday, May 26th, 1876.
Before Mr. common Serjeant.
CHALLONER— Seven Years' Penal Servitude.
HALL— Two Years' Imprisonment. [Pleaded guilty: See original trial image.]
MR. LLOYD and MR. DE MICHELE conducted the Prosecution.
ELLEN JANE MORTON . I am the wife of William Morton and am an assistant at the Eversholt Street Post-office—on 2nd March about 7.30 I served the prisoner with 3s. worth of 1d. stamps, he tendered a good shilling and a bad florin—I asked him where he got the florin, he said "At a public-house near London Bridge"—he offered me good money—I refused to take it and sent for the postmaster, who sent for a constable, and the prisoner was given in charge with the florin—this is it (produce).
Cross-examined by the Prisoner. The Postmaster told you that some body was given in charge for passing bad money some time before.
GEORGE BOLT . I am a sorter at this post office—I detained the prisoner, sent for a constable, and gave him the coin—I then said to the prisoner "Where did you get it?" he said that he changed a half-sovereign at a
public-house near london Bridge on the previous might—I said "Why do you come to Eversholt Street to get 3s. worth of stamps?" He said that he was looking for furnished lodgings—he was taken to the sation—he gave three addresses—he was remanded and discharged.
ELIZABETH HUGGINS . I am barmaid at the duke's head Museum Street—on 10th May, about 8. p.m. I served the prisoner with 3d. of lime juice—I do not remember what coin he gave me br what change I gave him—after I had had my supper he came in again and tendered a florin for 2d. of whiskey—I tested it and asked him if he was aware that it was bad; he made no reply but gave me a good one—I spoke to my mistress and he ran off leaving me with the goodhorin and the change—the potman ran after him and brought him back—I gave the (bad florin my mistress—this is it.
Cross-examined. You have been Mithe honse before and we have found bad money after you left, buteould not say that you tended it.
EMMA COTTON . My husband keeps the Duke's Head—on 10th May the prisoner came in and paid with a florin—I put it into a glass with others—the barmaid afterwards handed me another florin which I gave to Barfield—I did not mark it—I gave the prisoner in custody.
RICHARD BARFIELD (Policeman). I was called to the duke's head and the prisoner was given into my custody with the bad florin—ha Was not the worse for drink—he gave two addresses, both false—I only found a good half-crown on him.
The prisoner produced a written defence stating that he was a foreigner and did not know a good money from bad, and that he received the coins in change— GUILTY he was further changed with a previous conoiction of like offerce in August, 1867, to which he
PLEADED GUILTY**— Five Years' Penal Servitude.
MESSRS. CHARWFORD and ELVID conducted the Prosecution.
WILLIAM CLIFE . I keep the dolphin in red lion street—on Saturday, 29th April, about 10 a.m., I served the prisoner with 2d. worth of whiskey—he have me a florin, I put it into the till where there were no other florins and gave him 1s. 10d. change—my wife said something to me, I took out the florin, found it was bad, and put it a way by itself—on the next night, Sunday about 6.30, the prisoner came again, and I recognized him before I served him—he asked for 2d. worth of whiskey and a hall ounce of tobacca which came to 5d.—he gave me a florin I exaned it and found it was bad; I said "Have you brought this to match the one you left here yesterday—he said "what do you mean?"—I told him he was in my house yesterday and paid me with a bad florin—he said "I never was in your house before"—he drank some of the whiskey—I Said I shall have you locked up," and sent for a policeman', but could not hud
one—The prisoner went out and I followed him to a public-honse at the corner of Holborn where he called for a pint of ale and tendered a good shilling, and when he came out a policeman was there and I gave him in charge with the two florins.
ANN CHIFF . I am the wife of the last witness—I saw the prisoner there on the Saturday morning and went to the till and found a bad florin—there was no other florin there—next evening the prisoner Came again and had some spirits—he was charged with passing a bad florin the day before, and I said "You are the man;" he said I was never here before."
Prisoner's defence. I most positively assert that I was never in this house in my life until this night some persons were very much like one another, and it is easy to make a mistake; I am perfectly innocent.
GUILTY — Four Months' Imprisonment.
MR. ST. AUBYNS conducted the prosecution.
FRANCIS DURHAM . I manage the business of Mrs. Bowyer. a butcher of Charlotte Street, whitechapel—on 19th April, I left a pony and cart in charge of a man named Wheeler, in the meat market—there was a quarter of beef, two rugs, and a whip in the cart—I went back about 8.30, and it was gone—these are the rugs (produced)—the pony and trap were brought back by a policeman.
WILLIAM WHEELER . I am licensed cart minderat the market—on 19th April, Durham left a pony and trap in my charge at 6.50 a.m., there were two rugs on the pony, and a quarter of beef in the cart—I placed the pony and cart on the stand—I saw the prisoner at the back of the Cart for about an hour and twenty minutes, I had my eye on him the whole time—he said to Durham "Good morning mr. Bowuer," he trades under the name of Bowyer—he replied "Good morning"—the prisoner said that "Meat is rather a high price to day"—they had a conversation and I walked ten minutes afterwards I see the prisoner taking the cart out at the side of the market but thought nothing was wrong.
CORNELIUS WARD . I am a whitesmith, and live at hackney—on 19th April I saw a grey pony and cart outside the prisoner's shop—there was a quarter of beef in the cart—abont afterwards I saw the pony out of the cart and knowing that the prisoner had no stable I asked him if he wanted to hire one—he came and locked at locked at my stable, took it and brought the pony there—I gave him the key, and he afterwards brought the cart in—he used the pony and cart two or three times a day for weeks afterwards—I last saw them about a fortnight afterwards, when he said that he was going to take it home to be cleaned.
CHARLES KING . I am a contractor, of Whitechapel—on 10th May, I was passing Morning Lane, and saw a pony standing in front Of the prisqner's shop—I knew the pony as Mrs. Bowyer's and asked the prisoner. how, long he had it—he said "Two months," and took up the reins and drove away.
a pony wandering about with a cart, from which the name had been erased—I took them to the Green Yard.
ARTHUR HOYS (Deteective Officer). On 11th May, about 9.30—I went to the prisoner's shop, and told him I should take him on suspicion of stealing a pony and trap, and a quarter of beef from the meat market—he said "I have got no pony and trap, I had one, but I left it at Edmonton last night"—I examined his stable but found no pony or cart—I received. information, and afterwards went to the prisoner's shop again and found these two rugs, one in the stable and one in the manger.
Prisoner's Defence. I have only been home from China eight months I went to this market and met a gentleman I had known in China Mr. Dennis, who owed me some money which I had lent him I asked for it, and he told me to take this pony and cart and keep them till he came and settled with me; I workek at the meat market with them everyday, which nobody would do who had stolen them; I also went to whitechapel Market, where the prosecutor lives not knowing that it it was stolen. About three weeks afterwards my, brother, came and said "That pony and cart you have got is stolen, the person you got it of has taken you in," and I said that I would get rid of it I drove it to Bethnal Green, and left it there.
GUILTY —He was further charged with having been convieted of felony at Clerkenwell, in February, 1875, to which he PLEADED GUILTY— Eighteen months' imprisonment.
OLD COURT—Tuesday, May 30th, 1876.
Before Mr. Recorder.
377. JOHN CONWAY (25), HENRY MARNEY (20) THOMAS FORD (19), were indicted fer unlawfully endangering the safety of passengers on the metroplotan railway by throwing a eushions out of a carriage window.
CONWAY PLEADED GUILTY — Twenty-one Days' Imprisonment.
MESSRS. POLAND and MEAD conducted the prosecution; and F. H LEWIS and J.P. GRAIN the Defence.
JOHN HORNE (Policeman K 132). On Sunday Morning 16th April, about 2.45, I went with Peek another constable to the garden of 431, Mile End Road, there was a man in the garden sitting on the step of the house—he was either unconscious or asleep—I shook him ank rubbed him till he came to—while rousing him the prisoner came in at the front gate, 2 or 3 others were with him—he wanted, to know the number of the house—I asked him what he wanted to know that for, he said he insisted on knowing the number I told him it was 43l—seeing that he was drunk I requested him to go away and not interfere with me in the execution of my duty—I asked where he lived, he said "Here" I said "If you live here, go in and hen I shall see he the Said that he lived higher up—I said Where" he said "In Jubilee Street," I again told him to go away—he then caught told of the man we had in eustody to pull him away—Igot inside the gate when the prisoner struggled with me violently—I had my gloves on and finding I could not hold him I slipped my right hand glove off and was in
the act of putting it in my pocket when the prisoner struck me two severe blows, one over the left eye and the other on the nose, rendering me insensible—I fell; when I got up I saw the witness Roney bleeding from the mouth, I was bleeding profusely from the nose and eye—I then saw the prisoner running away I sprang my rattle and the witness Butler ran after him and caught him—Peek also released the man he had in custody and went to Butler's assistance, and they brought the prisoner back—he struggled violently to get away, and I struck him once with my staff—I have since been attended by Mr. Morrish and have been off duty ever since.
Cross-examined. I can't tell whether he had anything in his hand when he struck me, I saw nothing I con't say how long I was insensible—this occurred on the gravel alongside the pavement—I fell on the gravel just by the kerb—I have not been right since—I don't know what I did when I went to the station—the prisoner was drunk—I struck him with my staff because he had got away once from Butler, and he struggled so violently I thought he would have got away again—I did not hif him very hard—I did not hurt him—he never complained of it at the station, and there was no mark on him—I hit him on the head, I did not hit him as hard as he hit me by a long odds—a good many people collected about.
ERNEST PEEK (Policeman K 604) I was with Horne, we went into the garden of 43l. and saw a man lying on the step of the house—we roused roused him up after a time and were abont to bring him out of the garden, the prisoner came in from the street and said I want to know the No of this house—Horne showed it him—he then came and seized hold of the man I had in custody, and required to know what was going to be done with him—seeing he was drunk, Horne advised him to go away—he said he lived in that house—Horne told him if he did to go in doors—he then said he lived higher up in Jubilee Street—they then left the garden together, Horne was, pulling him out when he found that he did not live there—I remained with the man I had taken into custody, and I did not see what occurred—I saw Horne's face was smotherel in blood shortly after, I then released the prisoner I had, and went after the prisoner—I believe there were two or three persons in his company when he came in at the gate.
WILLIAM BUTLER . I live at 6, Chaiinelsea Court—on the morning of 16th April I was in the Mile End Road; I saw Peek there—my attention was called to a man lying on a gentleman's doorstep—Horne came up afterwards, and he rubbed him and brought him to—he was bringing him down the garden to lock him up for being there for an unlawful purpose, the prisoner and two others came up and asked Horne what he was going to do with him, he said to lock him up for being there for an unlawful purpose—he told Horne that he lived in that house—he said if he did why did he want to know the number (he had demanded the number)—Horne brought him up to the door and turned his bull's eye on it, and then he said "I will lock you up for interfering with me in the execution of my duty"—the prisoner then turned and knocked Horne down twice, and afterwards he knocked a woman down in the path and ran away—I made after him and caught him, he got away, I captured him again and gave him into custody to 604—Horne struck him him once with his truncheon, but not very heavily, he was very violent and used threatening language to me—he was very excited—I don't know whether he was in liquor—the blows he struckr Horne were very hard, I should not like to have as hard.
Cross-examined. I am one of the "six hundred" and have a distinguished
medal—there were two constables bestdes Horne one came up afterwards, after Horne had struck him.
SARAH RONEY . I live in Channelsea Court, Stratford—on this Sunday morning I was with Butler going home from a friend's house and I saw a man on the door step and the two constables in a garden—as they were taking the man to the gate, the prisoner and two ether men came up—I did not see him strike Horne, my head, was turned anether way at the moment.
JOHN MORBISH . I am a surgeon of Kent House, Bow—I was at the station-house when, Horne came in—he had a wound, over the left eye brow about three-quarters of an inch long—both the nasal bones on the bridge were fractured and displaced—I replaced them; there was an immense amount of swelling ou both sides the nose, which was twice its natural size, and there was a good deal of blood—he was also suffering from conoussion of the brain, he did not know what was being done to him when he came into the station—he was in most extreme danger, I have been constantly attending him ever since; he has been unable to resume duty indeed he is barely able to come here now—I don't know that he will ever be able to go back to duty—the extreme seriousness of the case other than its remarkable violence was hardly shown till twenty four hours afterwards, when he became delirious for two or three nights—since then the more urgent symptoms have subsided, but he has now all the symptoms of a severely shaken nervous system, constant headache, and he cannot rest at night and all his bodily functions are upset.
Cross-examined. He had been unwell previous to this, and had only resumed duty about four days; he had caught a cold in the diseharge of his—duty, and that was succeeded by a cough—I should not call him a strong man by any meaus, he is not consumptive—I should doubt whether such an injury could have been inflicted with the naked fist—I have been of that opinion all along, and have said so—the man must be an exceedingly powerful man to smash the nose as he did—the prisoner is a very well-knit man, he is an engineer—the injury to the eyebrow might possibly be cansed by a fall on he gravel, but there was no gravel about the weund, and I think the man fell on the flat of his back—a man struck on the nose would be more likely to fall back than on his face—I, happened to be at the station attending to a wounded prisoner when Horne was brought in, he staggered in and had to be accommodated with a seat—his head is bound up to relieve the throbbing, not for any wound.
GUILTY of unlawfully wounding — Twelve Months' Imprisonment.
The following prisoners PLEADED GUILTY.
JACKSON**— Eight Years' Penal Servitude.
TOMLINSON*— Eighteen Months' imprisonment. [Pleaded guilty: See original trial image.] and
381. ROBERT LEE (40) , to a burglary in the dwelling-house of george wakefield and stealing a pair of boots and other articles, having been before convicted**— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. FRITH conducted the prosecution.
WALTER PIPPETTE . I am a surgeon, of 51, cambridge road, hammersmith—this case of surgical instruments (produced) is mine, it is worth 15l. or 16l.—i missed them on sunday, 7th may, from my consulting room, where persons are shown in to wait—i had seen them safe on the morning of the 5th—i saw them on the monday week following at the pawnbroker's.
SARAH BLANDFORD . I am servant to mr. pippette—on 5th may the prisoner came and inquired for the doetdr—i showed her into the consulting. room—i had seen the case of instruments there before that same day—she waited there about half an hour, and was then let out without seeing the doctor.
Cross-examined by the prisoner. you gave the name of mrs. evans—you. were not many minutes in my company—you had a veil, but you had it. turned up—i let you in and shut the door—i am quite sure you are the person—my master's sister let you out, she is not here.
HENRY SUTTON . I am assistant to mr. thompson, a pawnbroker, of king street, hammersmith,—this case of mstruments was pledged with me on 5th may for a sovereign, in the name of ann brown, by the prisoner—we are not acdustomed to deal in such things.
Cross-examined by the prisoner. to the best of my belief you are the person, now I look at you again, I will swear it—it was within half an hour of 2 o'clock—you asked me whether we took in surgical "instruments—i said "very seldom"—you said if we did not take them in it was not to look at them—I said I would rather look at them as you wanted to raise money—you opened them on the connter—you said you had better do so yourself as I might possibly cut my fingers, and you are in the habit of handling them—you represented yourself as a doctor's wife. The prisoner's statement before the Magistrate. "i have never been at hammersmith."
Prisoner's defence. I have never been at hamersmith in my life; I don't know where it is.
GUILTY —she also PLEADED GUILTY to having been previously convicted in Cheshire, on 30th June, 1875.
HENRY GOLE I am a surgeon, and am assistant to Mr. Philip George. Philps of King's Road, Chelsea—on the evening of 11th May, about 6 o'clock, I saw the prisoner Coming out of the house, she dropped some cigars and as she stooped to pick them up I saw the rug secreted round her body uuder her cloak—I knew it and told her it was Mr. Philps'rug—she said it was her own—I gave her in charge.
Cross-examined by the Prisoner. I had seen you go in, you were in the house about twenty minutes or half an hour—you had not the rug on your arm, it was concealed—I know the rug well by its appearance and colour, in no other way—I have seen it repeatedly—there is no particular mark on it.
The Prisoner's Statement before the Magistrate. The rug is my own, there a mark on it of my own."
Prisoner's Defence. I brought it with me from Melbourne, it was torn on oard ship, and if it is opened you will find a tear at the corner; I had it on my arm as I was going to meet my son-in-law; I did not conceal it.
HENRY NORTHOVER PINK . I am a surgeon at Croome's Hill, Greenwich is case of instruments (produced) is mine—I last saw it safe on Thursday ternoo, 24th April, on the desk in my consulting room—I missed it next morning—I next saw it at the pawnbrokers—I could not replace it under 6l. or 7l.
Cross-examined by the Prisoner. It was about the middle of the day about 1.30; I told you they were things out of our line as a rule, I had it ever seen you before.
The Prisoner's Statement before, the Magistrate: "I have never been at Greenwich in my life."
Prisoner's Defence. I have never been at Greenwich; I really don't know where it is.
GUILTY — Seven Years' Penal Servitude.
There were other indictments against the prisoner.
MR. PLANT conducted the prosecution MR. MONTAGU WILLIAM defended Stephens, and MR. MEAD defended Preist.
THOMAS RONWAY . I am an engineer and live at 75 Pousonby Place, mlico—on 20th May, about 11.30 or very near 2 o'clock in the morning, vas in Cheapside,—acting as footman to Mr. Berry—I had my master's it and some ladies cloaks on my arm I Saw the prisoners there—Stephens made an attempt to throw me down by putting his foot out—I not follow I immediately received a blow from Stephens on the right of my forehead; also a blow from Preist, on my left eye—I lost the aks from my possession; I can't tell who took them, I was on the ground at the time, and while on the ground I was struck and kicked by several sons, but who by I am unable to say—I got on to the ground, while in tustle with Preist—a female in the crowd afterwards gave me back the coat—that was after I had given Preist in charge I held him by the throat and called out "Police," and "help—several times and the people called out "Release him"—I can't say whether Mr. Martin assisted me to hold Preist, or not—I gave Preist in charge, and he was taken to the station—I saw Stephens outside the sation and gave him also in charge—I was hurt the blows I received, and bled very much indeed.
Cross-examined by MR. MEAD. I There was not a great crowd in Cheap-side, at the time—it was the night of the Prince of Wales's visit to Guild-half—he had not returned from the ball. I think; some of the people were coming away, I was making haste to get there, I was passing along on the
payement, I had no difficulty in getting by—I did not call out "Gentlemen's servants to the rescue"—I asked if there was anyone that would assist me among the crowd that collected when I and Preist were struggling—I only lost possession of the cloaks once.
Cross-examined by MR. WILLIAMS. There were nine persons round me at the time I was struck—I did not see Mr. Martin there to my knowledge—I don't recognise him; he might have been the gentleman who helped me to hold Preist—he did not point out Preist as the man who had struck me.
DANIEL GREENFIELD (City Policeman 595), At 1.30 this morning, I was in Cheapside, I heard a call of police—I went up, there Was a crowd of people—I went to a policeman on horseback and asked him to turn his horse round so that I might get at the prisoner—Rodway had hold of Preist I got him behind the horse's legs and got hold of, him, at the same time a gentleman took the two ladies' cloaks from Preist's arm; I am quite certain of that—he was going to hand them to Rodway and I said "I will take possession of them"—I took hold of Preist, and he was given into custody—he said nothing at the time—on the, way to the station he was rough, and I was obliged to get assistance from some one else, and another officer assisted me with him to the station—he was very violent—fifty or sixty people followed us to the station—I did not see Stephens till he was brought into the station.
Cross-examined by MR. MEAD. I did not say at the police-court "The two jackets were on Preist's arm, I believe;" I said they were handed from him by some one else, who it was I don't know: I said I believed it was Mr. Martin, but I could not swear it—there were a number of rough's about, surrounding the struggle.
ANDREW MCLEARY (City Policeman 600). I was in Cheapside—Rodway made a complaint to me, I went with him to Bow Lane station, I saw Stephens standing outside—Rodway pointed him out and said "That is the man that assaulted me," and he gave him into my custody—he said he was innocent, I found on him two keys, a rule, and 1d.
CHARLES MARTIN . I am a reporter, and live 14, Peabody's Buildings, Blackfriars—about 1.30 I was going down Cheapside, I saw Rodway—he called out for help—I went up to him and saw he had a lacerated wound on the top of the eye, he was bleeding profusely, no one seemed to help him, he pointed out Preist, and I laid hold of him and held him till the arrival of the mounted police—he was then handed over to one of the City police; I followed him—the first I saw of Stephens was outside the Bow Lane Police-station in custody.
ROBERT RIGG . I am a warehouseman and live in Southgate Road—I was in Cheapside on this Saturday—I saw a crowd, and heard the prosecutor calling out for help—I went up and saw him and Preist struggling together—the police came up and Preist was taken to the station—I did not see the jackets until I got to the station, and did not see Stephens till he Was brought in there.
Witnesses for the Defence.
HERBERT DAWSON . I am a porter in the employ of the Great Western Railway Company, Stephens is also a porter in that service, I have known him about a month—on the night of the Prince's visit to the City he
in my company—we left work about 12 o'clock—we were on duty at the railway from 11 a.m. till 12 p.m.—we went to the Magog public house in Cheapside and then went towards Guildhall to see the people come away—we saw two policemen going across the road, with a young man between them in custody, and we followed down to the station and stood outside the door for about a minute or two, when two policemen came and took Stephens from my side—I had been in his company all the time—if he had struck the prosecutor or attempted to help preist in robbing him I must have seen him—he did not do so.
Cross-examined. At the time he was taken from my side there was no crowd, not above nine or ten persons—the station is not aboye 50 yards from Guildhall.
CHARLES KNIGHT . I am a stationer and paper dealer at 115 Rodney Street, Walworth, and Fulwood's Rents, Holborn—I do not know either of the prisoners—I was in Cheapside on the night of the Prince's visit to the City—I saw the prosecutor with some rugs or cloaks beneath his arm pushing his way towards Guildhall—he turned round and said something to Preist and struck him on the nose, and Preist struck him in the eye, the prosecutor seized him by the collar with his right hand and holloaed it "Gentlemen's servants to the rescue police I will give this man in custody for assaulting me and Preist said "Let go of me" and the persons standing round said "why not let the man go you struck him?" he said "I shan't, he has assaulted me" and he kept holloaing out for gentlemen's servants to come to the rescue—he threw the cloaks on the ground—he did not fall at all, he was grasping this man all the time by the collar, the pair of them were struggling together—there was a young girl there with her father and mother, and she picked up a coat and held it till the prosecutor and a policeman came and the prosecutor snatched it from her—I only saw the coat, he had the others beneath his left arm he never let go of them—he was decidedly intoxicated—he said nothing about charging the man with robbery—I thought it was simply an assgult—I went to the station that same might but they would not listen to me they turned me out—I saw the case reported the newspaper on the Thursday, and on Friday I went to the Mansion House, the clerk directed me to Messrs. Wontner, who appeared for one of the prisoners, and I was told to come here.
Cross-examined. I did not go before the Magistrate because I though it was only a question of assault—I saw the prosecutor hleeding from the eye—there were thirty or forty people round him—it was a hard blow I Should think—he did not fall in my (presence—he could not fall he was holding the man too tight to fall—I had never seen the prisoners before to my knowledge—I have never been in trouble or charged with anything.
CHARLES MARTIN (re-called). I should not think the prosecutor was intoxicated, he mighty, perhaps, have had a glass or two, I saw no appearance of it, he was excited; he decidedly knew what he was doing—I did not see the cloaks under his arm at the time he was struggling with Preist—I was holding him up and looking up at his face, fearing he should strike me, and I did not notice the cloaks—I think I should have noticed them if they had been there.
ROBERT RIGG (re-called). The prosecutor did not appear, to me to be intoxicated—he and Preist were both down on the ground When I saw them first. I am positive of that—he had not the cloaks under his arm then.
DANIEL GREENFIELD (re-called). The prosecutor was not intoxicated, he seemed a little bit faint at the station, and the blood was dropping from him—I got him some water and then he seemed better—he did not appear in the least excited when I first saw him.
MR. BERRY. He was not intoxicated on that night certainly, and never was since he has been in my employ.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
RACHEL MILLS . I live at 14, St. Ann Street, Westminster—I am on the town—on Tuesday, the 10th of this month, between 8 and 9 o'clock, I was at the Elms public-house with a soldier named Mitchell, the prisoner came in and paid for two pots of beer—we all three left and went to the White Horse and had something to drink there—the prisoner called me outside and wanted me to take him home—I said I could not—he struck me across the side of the jaw with his cane, also on my hand, and knocked me down, I got up and said "I have a good mind to go to the barracks and report you"—he said "What do you say?" and used language which I cannot explain in Court—he then knocked" me down again and stabbed me in the lip with a knife that he had before that in the evening cleaned his pipe with—it bled—he then ran away—I detained Mitchell by his. belt and a constable and a sentry came up—on the Thursday morning I was taken to the barracks, the men were paraded before me, and I picked the prisoner out directly—I am quite positive he is the man that gave toe the blow—I had never seen him before.
Cross-examined by the Prisoner. I detained Mitchell till he would let me know who his chum was, and he would not; he gave me a false name.
ARTHUR PRICE . I am house-surgeon at the Westminster hospital—I saw the prosecutrix there on the 10th at 11.15 at night—she was bleeding from an incised wound over the left eye, about half an inch long, extending to the bone, such as would be produced by this knife (produced)—I did not notice her lip.
WILLIAM MITCHELL . I am a private in the 3rd Batalion of Grenadier Guards—I was at the White Horse public-house on the evening of 9th May with the prisoner—the prosecutrix was not there with us; there were several prostitutes there—after we left the public-house a woman came and caught hold of my belt and gave me in charge to the police for assaulting her—she was bleeding from a wound above the left eye—the military police came and took me to the barracks—I don't know who the woman was—I never saw the prosecutrix that evening.
WALTER BARRELL (Detective Officer B 416). On 11th May I took the prosecutrix to the Wellington Barracks, the men were paraded, and she pointed out the prisoner without any hesitation—Mitchell was not present—the prisoner gave up this knife to me at the station.
EDWARD HART (Policeman B 416). About 11.30 on 9th May I was in Strutton Ground, Westminster; hearing a disturbance at the top of Pearl Street I went there and saw the prosecutrix bleeding, and Mitchell standing by her, she had Mitchell's cap in her hand—she said "I have been stabbed in the eye by a soldier who has run away"—I asked Mitchell his name and he gave the name of Willing—he was very violent and ran away—the bar rack police came up and they had to put the handcuffs on him—she did not
charge mhcnen with having wounded her—she said he was not the man, but the man, had run away—Mitcbell was taken by the military police for being absent from barracks—I think the prosecutrix had been drinking, but she described the man to me as she went along.
Prisoner's Defence. Do you think if I had committed the crime with that knife I should have kept it in my possession two days? I never saw the woman to my recollection till she came and identified me at the barracks.
GUILTY of unlawfully wounding — Nine Months' Imprisonment.
MR. GIFFARD conducted the Prosecution; and MR. MONTAGU WILLIAMS
the Defence DOMENICO GIARDONI. I am a waiter in the service of Mr. Beaumout, in King Street, Long Acre—I also work at the skating rink—about 11.30 on Monday night, 24th April, I left the rink, with a friend; I parted from him at Compton Street and came on by myself to King Stree—I met the prisoner in Earl Street, I knew him—he asked how—I was getting on—I answered him And went on, and when I had got a little further he comes with some other fellows and catches hold of me one by my neck and one from behind and unbottoned my waistcoat and took my watch and the prisoner put his hands in my trousers pocket and took my money; one of them squeezed my throat so hard that I could not call out—I went home to my masters and next day I saw the prisoner in the bar, I went out got a policeman and gave him in charge.
Cross-examined. Ihad seen him in the house many times before—I did not tell my master of the robbery that night.
JOHN BOREMAN . I keep the Golden Cross public-house, in King Street, Long Acre—I know the prisoner by sight from using the house—he was there on the Monday night from 12 o'clock to 12.30 and went out with the rest—it is about two minutes' walk from Earl Street.
Cross-examined. He came in the next night) as usual—the prosecutor lodges at my house, and is engaged at the skating rink.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
GEORGE BEST . I am assistant to James Asser, of 80 and 81 Strand—he sells billiard balls—on 1st March the prisoner came in—I know him before by sight—he asked me for a set of billiard balls and a pool basket; I got the balls out they were 2l.,—he said he would leaye the basket—he tendered me this cheque for 5l. 10s. he said he came from Mr. Lavell, of the Greyhound, Sydenham, and that he wanted the balls particularly for use that same evening, as they had met with an accident with one of the balls—I said I could not give him change then it was too late it was about 7 o'clock and Mr. Asser had gone—I asked him to call in the morning for the change, he said he would—he took the three billiard balls with him and left the cheque and the basket—I sent the cheque to the bank by our cashier an the morning and it came back marked "forged"—the prisoner did not come for the change—I afterwards went with the detective to arrest him in Spa
Road, Bermondsey—Mr. Asser shewed me this letter (produced) the same morning he received it, I was present when the constable showed it to the prisoner; he asked if it was his hand-writing and he said it was; it is signed "A Dupe."
GEORGE SCOTTER . I am deputy manager of the Ludgate Hill branch of the City Bank—Mr. Lavell keeps an account there; this cheque is not signed by him; it is a very poor imitation—it was presented over the counter and refused payment; we had a customer named Dunlop and this was one of the cheques delivered out to him.
CHARLES DUNLOP . I am a printer of New Street, Smithfield—I kept an account at the Ludgate Hill branch of the City Bank; I lost my cheque-book some time in March I do not know how; I did not keep it under lock and key—I have been accustomed to carry it about with me for eleven years and never lost it before—I can't tell what has become of it.
JAMES DANIEL FRANCIS LAVELL . I am a wine merchant and live at Sydenham—I keep an account at the Ludgate Hill branch of the City Bank, this cheque is not signed by me or with my authority—I know nothing whatever about it—I did not on 1st March request any one to buy a set of billiard balls—I kept the Greyhound at that time—I know the prisoner, his brother kept my billiard room and after he absconded the prisoner took possession of it for eight or ten days, that is about eighteen months back, I knew him by the name of Lawrence.
JOHN WELLS (Detective). I took the prisoner into custody on 6th May at the Spa Tavern, Bermondsey—I told him I charged him with uttering a forged cheque at Mr. Asser's in the Strand on 1st March—he said "Yes; I will tell you the truth, a man gave it to me to change" I said "Yes; your brother" he said "Yes it was, he told me he wanted to spite Lavell; I tried to sell the billiard balls at the King's Head but I could not, so I gave them him back"—he said his brother had pawned them in the Essex Road—I showed him this letter, he said "That is my writing." (The letter was signed "A Dupe" and contained a statement that he had received the cheque from a man who described himself as a billiard marker at Mr. Lavell's; in his statement before the Magistrate and also in his defence, he stated that he had received it from his brother.
GUILTY of uttering — Nine Months' Imprisonment.
NEW COURT.—Tuesday, May 30th, and
THIRD COURT—Wednesday, May 31st, 1876.
Before Mr. Common Serjeant.
389. JAMES HUMPHRIES (28), HENRY SMITH (38), EDWARD HOUGHTON (22), MARY ROBINSON (53) , Unlawfully conspiring with other persons to obtain, and obtaining by false pretences, sixty trusses of hay the property of Sarah Frances Greenfield, and other goods of other persons.
MR. BULWER, Q.C., with MESSRS. BEASLEY and DICEY conducted the Prosecution; MR. M. WILLIAMS and MR. TICKELL appeared for Smith, and MESSRS. COLE and METCALFE for Houghton.
DANIEL MORGAN (Detective Sergeant). I have been for some years associated with the late Inspector Fay in making inquiries about the long firm—at the beginning of last year I was making inquiries about an attempt to get a horse from the Hon. Mr. Bethel—our inquiries then were about a firm
called Baxter and Co., who carried on business at 27, George Street, Chelsea Market—their alleged business was corn, potato, and provision dealers—in the course of that inquiry we apprehended four persons, White, the two Carruthers, and a girl called Florence Nuth—they were convicted here last May, with the exception of White (See Vol. 82 page 67)—I found at 27, George Street a number of bags containing sawdust in the front parlour—there was no appearance of legitimate business being carried on there—Florence Nuth lived on the premises—we could not find the person there who took the premises, but he has been found since, his name is Charles Nuth—the business was carried on in the name of T. Baxter—in the course of our inquiries we found that another business was carried" on at 6, Oxford Market? in the name of Byrne and Son, and we had many complaints in reference to that business—I know of goods beng forcibly removed from there by the police and being sent back—I was present at the May Session last year when Nuth and the Carrutbers were put on their trial, and Browning, Baxter and Renouff also; they were convicted; I heard them tried; the charge was obtaining—by false pretences and fraud—I have seen the writing in which, the conspiracy was carried on and know it as the writing of J. Baxter and Byrne and Co., and in my judgment they were the same writing—Smith and Renouff carried on business at 16, High Holborn, those were rooms—taken for the purpose of receiving letters only—they were horse dealers and general agents for the purpose of the purchase of cattle—I have sail that I have seen Browning go there, but from inquiries I have made since I I had rather withdraw that statement—the business of George Johnson was carried on at 776, Old Kent Road as corn dealers and general merchants, and another business was afterwards carried on in the name of Robinson at 21, St. John Street, Smithfield, as meat salesman, poultry dealer, and provision and general merchants, and they had a room at Adelphi House, Strand to receive letters—I apprehended the prisoner Houghton on 7th March last at Buttesland Street, Hoxton, and told him he would be charged with conspiring with J. Humphries, a prisoner in custody, and others, in defraudiug people in various parts of the country by purporting to carry on business at Chelsea Market and other places, 16, High Holborn, 6, Oxford Market, and 50, Barbican, in the name of Baxter and Co., Smith and Renouff, Byrne and Son, and J. Robinson—he said "I am very sorry, I have been led into this by Jim Humphries and others, all I did at Chelsea Market was to fetch the letters for which I was paid 10s. a week," and he said "All I did at John Street was to take the shop, for which Humphries paid me," and that he had taken goods from both places and did not know where they came from and he got very little for them, but that Humphries was the prime mover in the whole affair—he further said that he had tried to get away from this business, but that Humphries was continually persuading him to assist in carrying on these frauds—I had assisted Inspector Sayer and Sergeant Roots in apprehending Humphries the day before, and saw some thousands of documents found in his lodging—he was living there in the name of C. Parry—there were a great number of newspapers, directories and other papers—I do not know by whom the shop in Oxford Market was carried on.
Cross-examined by MR. M. WILLUMS. I saw a woman named Parry there once.
Cross-examined by Humphries. I have devoted the greater part of my time for three years to this matter—I took Browning in custody—he was charged with conspiring with Baxter—he was first tried at this Court for
obtaining goods by false pretences and sentenced to five years' penal servitude, and then tried with nine others and convicted of a general conspiracy to defraud—I cannot go into the evidence against Browning, but he was found guilty on several charges—Baxter pleaded guilty and they tried him only for conspiracy—I do not produce any letter from Baxter—I cannot say that I have had considerable experience in long firm cases, but I am acquainted with more than fifty or sixty names in the metropolis—I know George Bristow well; I will not saw whether he is a swindler, he is not in custody here—I followed you and spoke to you on top of an omnibus; I told you that you would be charged with defrauding different people in the name of J. Robinson, you said that you never heard the name, you would not get off the omnibus and I said that I would pull you off if you did not—I never threatened your wife—I had watched you at the news rooms copying advertisements largely for some time—I went into a public-house and found your wife drinking with a little ginger-whiskered chap and brought her outside—am I bound to answer these questions?—the man is not here but he is in custody in Newgate—he told me that he had been led into frauds by you, and it was only by getting you given in custody that he could escape from you—I watched him into Charles Street, Knightsbridge—he took me there in order that he might escape from you; his motive was to get you apprehended that he might escape from your toils—I had not arranged with him that your wife might be decoyed from home that I might gain possession of the papers—I told him to come to you and tell you that the detectives were after you—Ringer has not absconded from his bail, I saw him yesterday afternoon—I shall not say whether the little carrotty man was Frank Hall—I rang the bell and he opened the door—I had to pretend that I was a friend of yours before I could get the door open—I did not then rush upstairs, I spoke to him, and he at once admitted it, and said that you had let him into it—I found nothing in your possession connected with any firm, except one paying-in book of the Provident Bank—it is not possible that I wrongly heard what took place, because he repeated it several times, and sat down and cried till he was nearly broken hearted—there was a long conversation, I was there half an hour—when I had finished my evidence at Bow Street, Houghton said something, and I believe he denied what I had said—he said that you were the means of preventing his getting an honest living—I did not put Ford in the box because Mr. Vaughan stopped the case and said that his time was engaged; and it was not for me to put witnesses into the box—Mr. Wontner had charge of the case.
Cross-examined by MR. COLE. I have been two years and a half making inquiries about other frauds in different parts of the country, and I know a great deal about them—I never saw any writing of Houghton's except in a copy book at his lodgings, in which he was learning to write—his writing is very imperfect, he is a most illiterate man—I found a lot of bill heads and memoranda and all kinds of writing, but I do not think I ever saw any of Houghton's writing—we had some conversation at the door, and I told him I must go up and search the place; he said "I am very sorry for it, my name is Houghton, I took the shop for Humphries, I was paid to do it"—he also said that he had been led into it by Jim Humphries, who was the prime mover—Houghton had been in the employment of Messrs. Butterfield and Co., Goswell Street, bonnet shape makers, up to that day, and they knew him very well—he has, I believe, been some years with them—I also find
that he was at Hardings', a bonnet shop, but I do not know how long—I know that Houghton and his wife kept a beer-house for several months, they left it in September—when a person goes into a beer-house, the police make enquiries as to his character—he has to give his address and a reference where he has been working, and I believe in the case of transferring a license to another person the Inspector at the Sessions would make his report as to the character of the man—Houghton has lived in that district almost all his life, but I do not know how many addresses he had.
Re-examined. I never saw Houghton before he was apprehended—Humphries is the man I have looked after for the last two years or more.
EDWARD SAYER (Detective Officer). I took Humphries on the 6th March, at 10, Charlotte Street, Sloane Street, and told him I apprehended him on a warrant charging him, with other persons, with defrauding various persons in different parts 'of the country—I searched him and. found on him telegrams and letters, a draft, a bill head, and a document connected with Mr. Southern—I told him what he was charged with.
Cross-examined by Humphries. Morgan went on the omnibus, and I heard him say "I don't know who you are, but I shall arrest you as J. Robinson"—I kept you in a waiting-room and never placed you in a cell—the warrant was read to you and I took you to Southwark and charged you—you were committed to Bow Street—the proceedings at Southwark lasted about five minutes and you were committed to Bow Street—you told me that Smith is undergoing a sentence of two years at Wandsworth as John Baxter, and that Samuel Burham is undergoing a sentence for obtaining goods by false pretences from the Mayor of Biddefbrd—I am aware that Houghton was. never at the office in his life—what I have done has been done under the direction of Mr. Wontner, who conducts the prosecution—you did not give your address as 10, Charles Street, till you were pressed for it, and then you knew that I was aware of it—I found on you a receipt for one week's rent of your rooms.
Cross-examined by MR. A. METCALFE. I did not find any papers in the room—I do not know Houghton's writing—none of the papers I found are in writing like this (produced).
THOMAS BOOTS (Detective Sergeant). I have been engaged in investigating these long firm frauds—Sergeant Morgan and I apprehended. Humphries—we found nearly 6,000 envelopes at his place addressed to. fishmongers, poulterers, and game dealers throughout the kingdom; also some packets of letters in different hands, from correspondents in the country relating to different frauds, marked by Humphries, stating what the reply had been; they had reference to one firm, George Johnson, of the Old Kent Road, and among them were several summonses and County Court writs, and others had reference to Robinson, of 21, St. John Street, Smithfield Market—there was another packet relating to C. Perry, of 76, Charlotte Street; the address at which I found them—I also found some hundred advertisements cut out from country newspapers of which these (produced) are specimens—I also found a receipt for one week's rent of Adelphi House, Strand, lying on the table—I found thirteen cheque books, two of the Co-operative Bank, and twelve of other banks, some of which contained counterfoils relating to these firms—in this cheque-book of the Clarendon Bank here is a counterfoil of a cheque to Mrs. Drew for rent of the premises of Baxter, 2l. 4s., not dated—here is another dated, but it has no year—Mrs. Drew is the landlady of the premises
hired by Baxter—here are letters addressed to Johnson, 776, Old Kent Road, and to Robinson at 21, St. John Street, and various bill heads advertising that they are salesmen of pork, butter, and eggs, and that all letters are to be sent to Adelphi Honse, Strand, and all consignments to an address in the Meat Market—I apprehended Mary Robinson on 22nd March at Bow Street—she came there out of curiosity—I had known her since the early part of February and we had been waiting for her—I saw her at 20, St. John Street on several occasions, and I know that she lived there and looked after the business, but I never saw either of the other prisoners there—she made a statement to me with reference to 20 St. John Street, Clerkenwell, on 10th February, when I called there and asked her who had the control of the shop—she said that Humphries and Houghton had taken it and put her in to receive consignments of goods, that they had treated her badly, and she was determined to round on them; that she had known Houghton from his boy-hood, and Humphries a long time, as on Humphries leaving prison in 1871 he had gone to live with Barnes, who she said was a well-known swindler, at Eagle Street, City Road, and that she was then living with Barnes, and that goods were brought there from the country and the whole thing was a swindle, and she would round on them—she said that she remembered receiving some pigs at 21, St. John Street, and that they were taken away in the night—this (produced) is an alphabetical list of tradesmen which I found, comprised in nineteen sheets or more, with their addresses; here are pork butchers and game dealers all over the country.
Cross-examined by Humphries. Robinson said that you left the premises in 1873, but I know it was another date—I have not found out who opened the accounts of these twelve cheque-books—I have been several times to 75a, Strand to see Mr. Robinson, but I never could see him—I saw his name upon a brass plate on the door.
Cross-examined by Robinson. You did not say anything about the pigs being there more than one night.
MARY ANN DREW . I am the wife of John Drew, of 64, John Street, Chelsea Market—in August, 1874, I had the letting of the shop and parlour, 27, George Street, Chelsea Market—I let it to a young man who went by the name of J. Baxter, and who has been tried here in the name of Charles Nuth—he and his sister Florence took possession and were there till last February twelve months—I received the rent 11s. a week up to the last two months—they gave me a cheque on the Clarendon Bank, for 2l. 4s.—goods used to come there by railway vans, and they were taken away in carts directly afterwards by the prisoner Smith—I have seen that done half a dozen times, or perhaps more—I have seen Smith with Baiter, and with other men when goods have been taken away—Smith was very active, and I always considered him to be one of the masters—when they were apprehended the premises were closed till after May last—I saw a lot of bags of sawdust in the shop, that was the stock in trade—I have seen Houghton there frequently, and Humphries about twice, not more.
Cross-examined by MR. TICKELL. I told them I suspected that it was a dishonest business—I saw Smith sometimes in the day, and sometimes in the evening, he used to take away the goods openly—he was more like a master than a servant—I saw him both outside and in the shop.
Cross-examined by Humphries. I saw you two or three times—I live directly opposite, and you could hardly enter without my seeing you—you sometimes wore an overcoat, and sometimes that kind of coat, you walked
rather lame—you were sometimes alone, and I once saw you with some one—I did not see you alone at Cottage Row station, when I went to identify you, I saw you with a lot of men—it is not possible that I have made a mistake in you—I did not make a mistake in swearing to Smith.
Cross-examined by MR. METCALFE. He took the place twelve months ago last August—I remember the Carruthers, one was rather fair, and one was darker—one of them was not like Houghton, he was different in features—I saw Houghton there repeatedly—I knew none of them by name—I was a witness on the trial of Carruthers, but did not say anything about his name being Houghton.
Re-examined. It is so long ago that I cannot say whether I ever saw Smith in company with the Carruthers—I saw Smith take some sheep away—I have not mentioned that before.
JOHN DREW . I am the husband of the last witness, we lived opposite No. 27—I recognise the three male prisoners as being there, and Smith came with a cart several times, and took things away—he came with the Carruthers and took some boxes away with eggs and butter—I saw sheep taken away, and pigs, egg powder, and everything you can think of—sometimes the things were removed ten minutes after they arrived, and sometimes an hour, and sometimes in the night; other people were employed in taking them away.
Cross-examined by MR. TICKELL. I have seen Smith there a dozen times with a horse and cart taking things away with the others.
Cross-examined by Humphries. Six or seven persons were placed with you, and I said "You are the man that I know, but I don't know your name"—I saw you at George Street, four or five times, and the last time you had a muffler round your neck—you had whiskers and you walked lame.
Cross-examined by MR. COLE. They came about August and left about Christmas—this is the first time I have given evidence—I was not examined at the police-court—I live opposite and work out of doors—I am a building material dealer, and when I am at business I am away buying materials—I have communicated with the police about these people twenty different times—the first time was before they had been there a month—I have seen at least twenty persons come and go there—I am the landlord of the house.
Cross-examined by MR. M. WILLIAMS. When I have seen Smith there it has always been with a horse and cart.
THOMAS VAUGHAN . I am a butcher and cattle dealer of Glen Neath, Glamorganshire—on 18th October, 1874, I received this commmunication from J. Baxter, dated the 17th—it has a printed heading, "J. Baxter, George Street, Chelsea Market." (This requested to be informed of the lowest cask price at which the witness could supply Welsh mutton throughout the season.) I answered that and received this other letter on 24th October. (This was signed J. Baxter, and ordered a regular supply of Welsh mutton for the next six weeks at the prices quoted, and promising to remit the amount for the first five carcases.) I sent off five carcases of sheep and received this telegram, "Sheep actually to hand this day, quality satisfactory, please arrange for twenty-five more to-morrow, draft by post to-night"—on 5th November I received this memorandum from Baxter, "Yours to hand, I note that you will send twenty carcases this evening"—another is, "November 6th, please find enclosed draft 40l., you must in future send by van parcel"—this draft was enclosed, dated November 6th, 1874, for 40l., at four days; accepted, payable at the Clarendon Bank, 301, Strand, and signed J. Baxter"—that
was returned to me marked "Not provided for"—I did not get a farthing—there was a further correspondence about more sheep, but I had already sent eighty-one to that address, and all I got in payment was 5l., the amount of the first cheque.
JAMES BEACHEY . I am a checker in the employ of the Great Western Railway, the line by which goods from Glamorganshire arrive in London—I know Smith well—I remember some sheep's carcases coming to the station from Mr. Vaughan of Glen Neath, in several consignments to Baxter and Co.—Smith came in a cart and took them away—he brought me a delivery order—I have not got it here, but I have got the sheet—Smith came for all that were not delivered by the railway—he has also come there on seven or eight other occasions for goods for Baxter—that was during October and November, 1874.
Cross-examined by MR. TICKELL. I saw him seven or eight times altogether in reference to Baxter, and he came also about the sheep for Baxter.
ALFRED FORD (Policeman B 146). In November, 1874, in consequence of complaints, I was set to watch these premises at Chelsea—I saw railway vans deliver carcases of sheep and pigs and other goods there—sometimes there would be two vans there in a day, and that was continually going on—the goods were taken away in a cart by the prisoner Smith—I have seen about seven people come to the premises, some of whom have been convicted—I believe I have seen Smith there three or four times—I saw Houghton there every day, but not taking away any goods, and I have seen Humphries outside while a man, who has been convicted, was in the shop—I have seen goods in the shop while he was there and come while he was there, but not go away—I was once in the shop after the first batch of prisoners were apprehended; the only real business I saw done there was the woman next door buying a few potatoes occasionally—on 10th November, 1874, I saw a cart there with nobody attending to it; I waited there till a man, who has been convicted, and the defendant Smith came out of the shop; I then said that I was well aware of the nature of the business carried on there, and that the name on the cart was illegible; Smith, to the best of my recollection, said "I get my living honestly, I am a licensed hawker," and the name of Henry Smith, 15, Ossulton Street, was given me by the other man, Alfred Carruthers, but I did not see the licence—I saw three pigs' carcases taken away in the cart that day.
Cross-examined by MR. TICKELL. It was Carruthers who gave me the name of Henry Smith, 15, Ossulton Street—I am certain that I have seen the prisoner Smith, but I am not quite certain of his being there on this occasion—I went to Ossulton Street in February, 1875, that was four or five months afterwards—I found five or six Smiths there, but no Henry Smith—I found an Edward Smith—I could not find any man named Smith who had a pony and cart—I could not read the name on the cart till after the name was given to me; it on a piece of tin, and it looked as if it had been removed; there were two or three nail holes.
Cross-examined by MR. METCALFE. I watched the place about a month—I saw Houghton nearly every day in November, 1874, but did not see him take anything away from the shop; he used to bring away a bag, but there was very little in it.
Cross-examined by Humphries. I saw you there four or five times in the forenoon in November, and early in January—I have not made a mistake; I am positive—you were dressed as you are now—I noticed you because you
walked a little lame, not exactly lame, but you are a bad walker—I recognise you by your face and appearance.
Re-examined. Smith was only 5 or 6 yards away when the name and address were given; he was near enough to hear.
WILLIAM TAYLOR (Detective Officer B). I live in Lower Sloane Street, close to George Street—it was my habit to look at this shop going to the station and coming from it—I' saw Smith in the neighbourhood on several occasions, and twice I saw him at the shop with a pony and cart; and when Ford had the—altercation about the name and address on the cart I was on the opposite side—I am positive that the altercation was with Smith, and on another occasion when Detective Buxton went to take the name and address on the cart, I was present—I have not seen any other of these prisoners at the shop—I saw Smith take away black lead boxes on one occasion and meat on another, I am positive it was Smith.
Cross-examined by MR. TICKELL. He was with a horse and cart when I saw him in the neighbourhood loitering about.
Cross-examined by MR. COLE. That was on my division—they were there four or five months—my attention was attracted to the shop almost from the first, about October I think, but I cannot remember when they went in—I kept my eye upon the shop right up to Christmas—I was not specially appointed to watch, but I passed the shop three or four times a day.
JAMES BUXTON (Detective Officer V). I heard complaints about these premises—I have seen Smith there on several occasions; on one occasion he had a load of something like black lead boxes in the cart—I was looking at the name on the cart and he asked me if I wanted any spectacles—it was some address in Clare Market, it was not Ossulton Street.
Cross-examined by MR. TICKELL. That was outside the shop, Taylor was with me, and I believe Mrs. Drew was standing outside her door—I have seen Smith about a half-dozen times altogether—I am almost certain that the address he gave me was Clare Market, I will swear it was not Ossulton Street; I never heard of Ossulton Street till afterwards—I believe I took the address down, if I did I have lost it—the name was on a card which was attached to the cart, but the address on the cart was not Ossulton Street—I will not swear that it was not a tin on the cart.
Cross-examined by MR. A. METCALFE, I watched the place for some months; I had instructions to do so, not to watch it, but to keep an eye on it in passing.
DANIEL MORGAN (re-examined). These documents connected with the sheep in Vaughan's case are all in Humphries' writing—a general warrant was granted by the Magistrate at Southwark for 'J. Baxter and others, and I endeavoured to take Smith upon it as one of the lot—I had it on 8th February—I took Smith in the middle of last month—I went to Ossulton Street but found no such person there.
Cross-examined by MR. TICKELL. It was a general warrant for J. Baxter and others, and I was to use my own discretion—I went to Ossulton Street about 9th or 10th February.
GEORGE HEPBURN . I am a detective in the employ of the Great Western Railway at Paddington—I know Smith well, and have seen him for many years coming to the station with a horse and cart taking goods away for Baxter and Co.; Houghton was with him many times—he used to leave the horse and trap with a young man and go into the office and inquire about
goods; I once followed him into the office and heard him inquire about some potatoes consigned to Baxter and Co.
Cross-examined by MR. TICKELL. I have seen Smith at the railway six or seven times, the last time I saw him fetching meat was in November, 1874, that was some carcases of sheep consigned to Baxter.
Cross-examined by Humphries. I saw you in November, 1874, you wore a pea jacket and a billy cock—I saw you there several times, and am certain I am not mistaken in you.
Cross-examined by MR. A. METCALFE. I have been a constable at Paddington twelve years—the consignment of goods to Baxter has been going on for two or three years, and a very large boiler came up once consigned to you—when goods came up for Baxter we knew it was the long firm, and if I was at the station I watched.
Re-examined. I knew the long firm well—half a ton of rabbits came up once, and when the man came he said "Thank God, you have got my money."
Cross-examined by MR. TICKELL. He went by the name of Smith sixteen years ago, but his name is Palmer—I did not say before the Magistrate that for sixteen years I knew him by the name of Smith—if it is in my deposition that I said "for sixteen years," I said so, but they would not allow me to explain.
Re-examined. Sixteen years ago I knew him by the name of Smith but John Palmer is his name.
THOMAS ROOTS (re-examined). I apprehended Smith on a warrant dated February, 1874, against Baxter and others, he was one of the others—it contained a charge—I have not got it here—I had not endeavoured to find him till a few days before I found him—I heard that Morgan had instructions—I told Smith he was charged with conspiracy with Nuth and others, and named three addresses—he said "I have removed goods from George Street, and Carlisle Street, but not from Kenton Street; since I have been back I have tried to get an honest living and I have never gone in a wrong name; on one occasion at George Street I gave my name and address to a constable. I was paid for removing the goods and I would do the same for any one who paid me, as at that time I had a pony and cart."
Cross-examined by MR. COLE. I found nearly 6,000 envelopes at Humphries place—these are them (produced) I do not know the writing, they are written by the Addressing Company at so much a thousand, the hands vary—this is the receipt I found. (Read: "Received of Mr. T. Robinson, 5s. for one week's rent of office 75a, Strand, 13th January, 1876. Palmer and Smith.") Palmer and Smith are the landlords—I also found this large box (produced) full of correspondence in different hands—I have gone through it—I think they are all from the country; they are in the stamped envelopes which they came in by post—some are addressed to Robinson, some to Johnson, and some to Perry of Charlotte Street—they are not in envelopes which have been sent from town to the country for them to send back again—I also found a large number of letters addressed to different tradesmen in the same writting (produced) it is Humphries writing—there are also a few letters returned from people in the country or perhaps their answer is written on the other side of the letter which you can see is a lithograph of Humphries' writing.
Smith's Statement before the Magistrate was read as follows: "I reserve my defence."
SARAH FRENCH GREENFIELD . I am the wife of Mr. Greenfield, of Bournemouth—in November, 1874, we lived at Saltwater, near Horsham, and having more hay than we wanted we advertised some to be sold—one of the answers was signed "J. Baxter, potatoe, corn, and coal merchant"—an answer was written to that and posted, and on 12th November we received this letter. (This was from J. Baxter, to E. J. Greenfield asking for a sample of the hay, and promising to send a cheque.) After that I wrote for a reference and received a letter from Baxter, dated 6th December, containing a stamped and addressed envelope and a reference to Charles Barker, to whom I wrote and received a reply—I afterwards saw Barker tried here—after receiving that reference I sent about sixty trusses of hay to J. Baxter, Chelsea Market, it came to 9l. 9s.—I then received this memorandum, "14th Dec. Dear Sir—Draft and full particulars next J. Baxter")—a draft at seven days after date came in the next letter on the 16th; I sent it up to the Clarendon Bank to make inquiries respecting it, but did not get the money—I did not send the remainder of the hay—my husband being an invalid, I came up to town and went to 7, George Street, Chelsea—I found a girl named Florence Nuth there, but did not find Baxter—I went to the police-station immediately and made a complaint—the place did not look like a place where business was going on, I knew they were swindlers directly I got there.
Cross-examined by Humphries. I forwarded some hay to Bristow believing he had a connection with the Botanical Gardens, but that was another sixty trusses (See Vol. 82 p. 64).
Cross-examined by MR. COLE. I was present at the Carruthers' trial last May—it was at Christmas, 1874, that I went to the police-station.
Re-examined. I parted with some hay to Bristow, because it was a cash transaction, and I supposed it was a respectable firm.
RICHARD COOPER . I am a clerk at the inquiry-office, Willow Walk, Lon don and Brighton Railway—on 20th November, a party who gave his name as Smith, called for sixty trusses of hay consigned to Baxter—there was a delivery order which was given to the solicitor—I knew that the hay came from Mrs. Greenfield.
Cross-examined by Humphries. Smith was taller than myself, he had a dark moustache, a skin waistcoat, and a top coat; he disputed an account which was claimed, and I kept him three quarters of an hour.
DANIEL MORGAN (re-examined.) This cheque-book is on the Clarendon Bank—I have made inquiries to find Mr. Willcox, the manager of the Clarendon Bank, who gave evidence on the last occasion—I have seen him since, but not lately—I have endeavoured to serve him with a subpoena, but cannot find him—the bank is closed.
Cross-examined by Humphries. I have some of the cheques which passed through the bank—this cheque-book of the Clarendon Bank was found at your lodgings, and in it are the counterfoils of the cheques to Mrs. Drew, 2l. 4s., and Mr. Vaughan 5l. 4s. 5d.
JOHN OSBORNE . I am beadle of Oxford Market, and have the letting of the premises there—in November, 1874, Byrne (who was tried this time twelve months in the name of Browning), came to me and I let No. 6, Oxford
Market to him—he gave his address 24, Chalcot Crescent, Regent's Park—he brought his daughter and son, as he represented, and said that he would find them in provisions while he was there, and afterwards they must get it for themselves—I do not recognise any of the prisoners—the business carried on there was poultry, butter, eggs, and everything you can think of, which were brought by the railway in the afternoon and taken away at 9 o'clock, in a little four-wheeled van with two ponies—complaints were made to me and I made representations to the Duke of Portland's agents, the owner of the property in the neighbourhood—our people gave them notice to quit, and they left about a week before their time was up—"Byrne and Son" was over the door—I have heard people inquiring about them since they left, but never could ascertain what had become of them.
CECIL HUGH PRICE LLOYD . My father lives in Carmarthenshire—in 1867 he had a considerable quantity of turkeys for sale—they were advertised for sale and this letter came signed "Byrne and Son, 6, Oxford Market," with a printed heading "Poulterers and game salesmen"—eight or nine turkeys were sent, and shortly afterwards I received this draft for 10l. at fourteen days after date, accepted by Byrne and Son, 6, Oxford Market; that was returned marked "No effects"—I afterwards went to Byrne's premises and saw the hampers which had contained the two turkeys.
DANIEL MORGAN (re-examined). This document with the printed heading "Byrne and Son" is Humphries' writing, and this draft top—I have heard of four or five persons who are connected with Byrne and Son—Browning who was convicted here, is one.
ANDREW LAURIE . I live at Beaumaris, I was land steward to the late Sir Richard Buckley—I had a grey gelding, my own property to dispose of, which I advertised in the Bangor and Carmarthen papers, and received this answer "Please state full particulars to the above grey gelding, as we are open to purchase"—that purports to come from A. Smith and Co., 16, Holborn, E.C.—I sent an answer respecting the price and received a reply with a printed heading "Smith and Renouf, live stock dealers, importers of Alderney, Jersey and Gurnsey cattle, and at St. Helliers, Jersey." (This requested permission for the nearest "vet" to examine the gelding). I had the horse examined by a veterinary surgeon, sent up his certificate and received this letter from Smith and Renouf, on the same bill heading. (This offered 70l. for the horse less 2 1/2 per cent., stating that they would send one of their men to meet the train and would remit the amount). Upon that 1 sent the horse away immediately to the Euston Square Station, to their address and then received this letter. (This stated that a draft was enclosed, that they wished to purchase another cob, and that up to the time of writing the horse had not arrived). No draft was enclosed, and I wrote, and they said that it was mislaid, and they would send it by the next post—it afterwards came and was presented in London, but I got nothing for it, I did not expect it—I parted with the gelding because I thought it was a respectable firm by the way they wrote to me—the draft was on the London and County Bank, Holborn Branch.
Cross-examined by Humphries. I made no enquiry before sending the horse away—I did not ask for references.
By THE COURT. I have never got my horse back—the promise to pay was not the only thing that induced me to send the horse—I thought it was a respectable firm of genuine traders. James Lawrence. I am a booking clerk at Euston Station—Bassendo,
the clerk, who received this horse from Beaumaris has left—I have got the book here to show the signature for the horse—it is signed S. Biddimore, I do not know who that is—the entry is in Bassendo's writing—only one clerk had anything to do with the horse coming up, and he has left—a horse sent up from Bangor would come to Euston Square Station—we have not kept it there ever since.
JOHN GEORGE VENTRIS JOHNSON . I live with my father at Stony Stratford—we are farmers—on January 1st, this year, my father showed me a letter headed "J. Robinson, 21, St. John Street, Metropolitan Market." (This enquired the price of prime dairy fed pork). We replied and sent another letter on January 14th, in consequence of which we Sent eight porkers from Wolverton, to 21, St. John Street, on Tuesday, and on Saturday morning we received a draft for 23l. 14s. drawn by J. Robinson, on the London and Provident Bank, on a printed form—I telegraphed to the bank and they telegraphed back—I have endeavoured to obtain the money; the draft has been returned dishonoured, it was sent through our own bank—we have never got a farthing.
Cross-examined by Humphries. I made no enquiry as to Mr. Robinson's position and means, nor did my father so far us I know—I thought you were respectable, the bill heading was the usual business form.
JAMES BURNS . I am a carman in the service of Messrs. Pickford & Co.—on 12th January, I delivered eight carcases of pigs to Robinson, at 21, St. John Street, from Broad Street Station—the prisoner Mrs. Robinson received them, and gave me this receipt for them—I saw her sign it, she paid me for the carriage.
HENRY EDWIN YOUNG . I am out-door superintendent at Broad Street Station—I remember eight pigs carcases arriving on 12th Janurry—I saw Houghton—that day, he said that he came for a hamper of pigs sent from Wolverton the night before, and presented this delivery order, signed Mary Robinson (produced)—I asked him if he was Mr. Robinson, he said "Yes "—I asked him if he wrote that order, he said "No"—I asked him how he could convince me that he was the owner of the pigs, and I declined to deliver them—they were ultimately delivered by Burns.
Cross-examined by MR. COLE. I do not know in whose writing the paper is, but it is beyond all doubt that of an educated person—I fix on 12th January by the date of the order—Houghton was in custody when I saw him next at Bow Street—when I asked him if it was his writing he said no, he was not much of a hand at that.
THOMAS HALL (Policeman G R 23). On 11th January I was on duty at St. John Street, and saw a hamper delivered at No. 21 by Burns to a woman who represented herself to be Mary Robinson—it contained eight pigs—I have seen Houghton on the premises—I saw the carcases removed next morning at 7.15—I believe it was Houghton who removed them—I have heard complaints of the house and have seen goods arrive which were afterwatds removed by Houghton, I believe it was.
Cross-examined by Humphries. I did not see you at the shop—I have seen some poultry and game in the window and people going in and out
buying goods—I have seen several other men go to the shop besides Houghton—I have seen a tall gentlemanly man with dark whiskers and a long flowing beard there—I saw five or six people go in and out as if they belonged to the place.
Cross-examined by MR. COLE. I was examined at Bow Street on 21st March—I was sent to watch the premises by my inspector—I know it was 12th January, because I made a note of it—I have seen goods displayed and people going in and out to buy them—the place was under my observation very nearly a month.
DANIEL MORGAN (re-examined). I was present when Rock searched Humphries' lodging in Charlotte Street, where he lived in the name of Perry, and saw everything found—I saw a die there and found these impressions from it and a stamping machine—this order bears the impression of the same die; it is in Humphries' writing and is signed J. Robinson—these letters in Johnson's case, signed Robinson, are in Humphries' writing—this other is in the same writing, and it is the same on eighteen different others which I have in my pocket now.
PHILIP LONG . I live in St. John Street, and am agent for those premises—I let No. 21, St. John Street, to the prisoner Houghton—he gave me the name of Robinson, and I think he said J. Robinson—the rent was 12s. a week—he took them about three weeks before Christmas and had his name painted up in very large letters—he said that he wanted to open it in the general line, poultry and game—he paid the rent and brought it himself—no one slept there until the female prisoner came four or five weeks afterwards—she told me her name was Robinson and she had come at 1l. a week to conduct the business—up to that time there was nothing to sell—I received fifty-three letters in a fortnight from Scotland, Ireland, and different parts, addressed "J. Robinson, Esq.," "J. Robinson, poulterer," "J. Robinson, salesman," and so forth—lots of ducks, geese, and rabbits came, two tremendous pigs and a smaller one, but no boiler—the goods remained three or four hours and then went somewhere else to be sold—I did not see Houghton there superintending the business; the saleswoman said that she was thereto receive the goods sent—I saw no one else on the premises—I asked her to give up possession after owing four weeks' rent and borrowing 8s. 6d. of my wife, which she has never received—when I found out that it was the long firm, I got some paint and painted the name out—the salewoman's bedroom was a very large hamper and she packed herself in it every night—when I asked her to give up possession she said that she had had advice and asked me to give her money to go out—I said that I should consult a very old friend of mine, and so I did; it was a screw driver, and I took tie lock off the shop door—when she found that she said "I won't give you any more trouble, you and your good lady have been so kind to me, if will allow me to sell these flats and to sleep here to night—I told her she ouble to find a customer for the flats for nobody would be flat enough to buy them, but she got 2s. 9d. for them—a flat is a hamper—the owners' names were on them—a porter came one night and wanted to be paid for them—after they left, goods still came to the premises and I sent them back to the railway—she used to treat me to a good deal of music; she was as happy as a pigeon muck; she used to lay in that flat and sing herself to sleep, and I used to say "Happy be thy dreams."
Cross-examined by MR. A. METCALFE. I saw Houghton there five or six times, that was just at first—I saw nobody else when the woman was in possession
—I never saw Houghton take away any of the goods, they vanished—he came to me a fortnight after last Christmas—I am quite certain that he said his name was Robinson, not that he took them for Mr. Robinson—the rent was paid by him the first two or three times—he used to send another young man when he did not come himself and that young man came three times—he was quite a young man and he said that he came from Mr. Robinson—I did not hear Houghton give the orders for the name to be painted up.
Cross-examined by Humphries. I only saw you at the place one week—I received no premium—Robinson paid 5l. 10s. for the use of the gas fittings and fixtures, but I received nothing—I am always at home—I saw Mrs. Robinson picking the poultry and drawing the fowls—I did not see a tall, gentlemanly man with a long, flowing beard there—I was about the shop, I did not always see who came.
WILLIAM WHITE . I am a butcher, of Neyland, South Wales—at the end of last December I received a memorandum from J. Robinson on a printed heading, inquiring at what prices I would supply meat, his address was 21, St. John Stroet, Metropolitan Meat Market, and Adelphi House, 25, Strand—I answered it and got another letter, and on 11th January I got a telegram and this letter. "Please consign, as early as possible, to my ware-house 21, St. John Street, five porkers and two fat hogs as samples at prices quoted. If satisfactory, will take regular supplies: and invoice with them. Will remit amount when dispatched." I sent four porkers and two large hogs, and a day or two afterwards I received this telegram. "Labels by to-night's post. Send me the porkers and five fat hogs if you can get them cheap next week;" but I did not send anything more than I have mentioned, the value of that was 26l. 5s.; it was by the Great Western Railway, and I sent an invoice with the prices by post—I afterwards received by post a draft for 50l. at six days; I took it to my bankers to have it put to my credit, but they would not accept it, and it was returned—I then wrote to ask for a respectable banker's cheque, but did not get it or anything in the shape of money—I had ordered some sheep on the strength of this order and had engaged to supply them on the faith of these telegrams—I supplied these pigs because Mr. J. Robinson represented himself as a salesman in the Metropolitan Meat Market, and knowing that the gentlemen there were respectable I thought he was an honest man.
Cross-examined by Humphries. I made no inquiries, but if I had been paid the twenty-six sovereigns after the draft was returned I should not have dealt with Robinson again without a reference.
Cross-examined by MR. COLE. I was to. address J. Robinson, 75a, Strand.
Re-examined. These two documents signed William White, found at Humphries' place, 40, Charlotte Street, are in my writing.
FREDERICK BURNS . I am a portes at the Great Western Railway—I remember removing the goods from Mr. White's; I took them to 21, St. John Street, on Thursday, 20th January, and delivered them to the female prisoner, who said that one of the large hogs was very much like one her grandmother used to keep, and that the sow had twenty-four little ones, and she brought them up to London and used to sleep with them sometimes—she said that she knew Mr. White, that she had had correspondence with him, and expected the pigs.
Moorgate Street—an account was opened there with 15l. in the name of J. Robinson—I should not recognise the person—cheques came in in that name one was for 12l. odd, and there was another, the amount of which I do not remember—I do not remember a 50l. cheque or bill—I have not got the account here—there is a balance of 1s. 5d.
Cross-examined by Humphries. I do not think the signature of the cheque is the same as is in our bank-book, but I will not swear it is not.
JANE TUCKER . I am the wife of Richard Tucker, of Haverfordwest, South Wales, a game dealer—I received in February last a communication from a person signing himself J. Robinson (produced), these are what I received—in one of them he is described as of 21, St. John Street, Smithfield, that is in the printed document; in consequence of that I sent him some prices, after which I received an order to send goods; I sent goods to that address, first, to the amount of 6l. 19s.; I received a cheque for the amount of 7l.—1s. over—on the 6th February I paid that cheque into my bankers, and it was returned to London on the following Saturday; it was never paid—on the 7th I sent a further consignment to the amount of 5l. 8s., and on the 9th another one, the total amounting to 19l. 4s., all were sent to London to the same address by the Great Western Railway—on the 5th February I also received a letter, in consequence of which, I gave large orders in order that we might be prepared to supply further—those orders were thrown back upon our hands—I am accustomed to send things to salesmen in London, and always found them honest—the letters were very nice and I thought I should fall into very honest hands. (A letter of the 5th February, signed by J. Johnson and addressed to the witness was read; it enclosed the draft for 6l. 19s. and asked for a further consignment.
Cross-examined by Humphries. The first lot I sent was on the 4th February—I should think I received 300 letters previously; I burnt a solid box full.
BY THE COURT. They were in the name of Parry and Johnson, the one by the name of Robinson I had in hand—I lost about 200l. in five years by one and the other, in different names, and could never get any intelligence.
Re-examined. The names of the persons who applied were Johnson and Jackson—I had letters from them last year, the year before last, and 1864—in the name of Parry we had different letters, but I know nothing of them; others were in the name of Smith and Son, Parry, Byrne and Brandon—I had a box full but burnt them—we had some from Baxter; this is two or three years, or four years ago.
WILLIAM LAMBERT . I am a porter at the Great Western Railway—the goods came up from Tuckers to Robinson, and I delivered them at St. John Street—they were signed for in the name of Mary Robinson; the female prisoner was the person who took them.
The prisoner Humphries in a long statement explained that fifty or sixty persons in London were getting their whole living by this species of fraud, and that he had been a guilty agent in the transactions.
JAMES HUMPHRIES— GUILTY on all Counts.
HENRY SMITH, EDWARD HOUGHTON, and MARY ROBINSON— GUILTY of receiving and disposing of the goods knowing them, to have been obtained by fraud . The Jury recommended Houghton to mercy on account of his youth— Judgment respited. For other charges see Surrey Cases.
FOURTH COURT.—Tuesday, May 30th, 1876.
Before Robert Malcolm Kerr, Esq.
391. WILLIAM JOHNSON (22) , to unlawfully obtaining by false pretences from one Robert Leach and others 48 yards of flannel and divers other goods, with intent to defraud, having been previously convicted of a like offence— Five Years'Penal Servitude. [Pleaded guilty: See original trial image.]
MR. PRATT conducted the Prosecution.
EDWARD WHEATLY (Detective Officer S). On 11th of this month, I went with Mary Cliff and Clara Banks, to the prisoner—I told him I was a police officer, and that he would be. charged with marrying Clara Banks, his wife being still alive—he said "All right, I am ready, to go with you, my first wife has driven me to this"—after the 11th I went to Liverpool, and got from there a certificate of marriage, dated September, 1869, which I' compared with the entry of marriages at St. John's Church, Liverpool, and found it to be a true copy—I got. a second certificate from Mary Cliff, which I also compared with the entry of marriage of William Charles Cliff, and Clara Banks. (The certificates of both marriages were put in and read.)
SARAH STANLEY . I live at No. 16, India Street, Overton, Liverpool—I have known the prisoner well for eight years—I knew he was going to. be married to Miss Mary Hughes, in September, 1869—I was to have been bridesmaid, but was disappointed—I went to Scotland, and returned four or five years afterwards to Liverpool—I saw the prisoner and Mary Hughes living together as man and wife—she is present in Court—he spoke of her as his wife.
Cross-examined by the Prisoner. I was not present when you were married, but I visited you afterwards.
CLARA BANKS . I live at No. 60, Greenwood Street, Overton, Liverpool—I was married to the prisoner at Overton—I heard he was married to a person that keeps a shop at the corner of the street, where mother lives—I spoke to him about it, but he strongly denied it—he had been coming to our house for three years.
Cross-examined by the Prisoner. You always behaved after your marriage as you ought to have done—I married you because I loved you—your, wife has your boxes—you did tell me before you married me that you were living with a woman who was not lawfully your wife—you did not tell me after you came to London, that the counsel's opinion was that your first marriage was illegal—my brother first found you out—I knew nothing about it until he came to London.
The prisoner in his defence stated his first marriage was illegal, inasmuch as he was drunk and unconscious at the time.
GUILTY — Five Years' Penal Servitude.
MR. RIBTON conducted the Prosecution; and MR. GILL the Defence.
ELLEN MANEY . I live at 2, Pleasant Row, High Street, Camden Town, and am the wife of John Maney—the prisoner lived in the same house—it was in March that this affair happened, between 7 and 8 o'clock in the evening; the prisoner came upstairs, he asked me for my husband to pull his b——nose, and I said "What for," and he said "I will let you know if I can get him out"—I would not allow my husband to come out, and then he seized me by the hair of the head and pulled me along the passage—his wife who was behind him said "Let me go to the beast myself," and he said "No, I can do for her without you"—she fastened my husband in the room and he could not get out to assist me, ultimately I was examined by the doctor and sent to the hospital at Highgate—I was injured in my lower parts and in the familyway at the time—I was five weeks at Highgate.
Cross-examined. His wife was with him at the time he came upstairs—she locked the door; not after it was all over, but at first—this occurred on the 16th March—I went on the following Wednesday to the hospital—I was summoned to a 'police-court, previously to the alleged assault, but I do not remember the date—plenty of people in the house know my husband does not illtreat me—I did not complain of his doing so—I did not speak to a policeman and say my husband was killing me and the children—my husband did not illtreat me when he heard I was summonsed—it was not the prisoner's wife who threw me down—I was taken the same evening to the hospital, at about 10 o'clock—it was a fortnight after that I went to the police-court—I went back to the hospital afterwards; not that day—I did uot tell the Magistrate that I had come from the hospital for two hours, and stay awry for two or three days.
FRANK PERRY . I am house-surgeon at the University College Hospital—six weeks before the complainant was taken to the hospital, I saw her—she was very severely bruised in different parts of the body, the arms, back, and especially about the private parts—she seemed to be suffering a great deal of pain, and was in a state of collapse—I saw her the same night and three or four days afterwards, but not after that; she was not in the hospital at all—she went home, she says she was in the Highgate Infirmary for a month.
ELLEN MANEY (recalled). After I had seen Mr. Perry, my mother went for the parish doctor and he said I had better go to the Highgate Infimary—a cab was fetched and I went there—I was there for five weeks, I was at two days before going to the Infimary.
Re-examined. The injury in the private parts was very severe bruising—it might very probably have produced the death of the infant—there was an enormous swelling.
GUILTY — Five Yars' Penal Servitude.
MR. GILL conducted the Prosecution.
"Oxford Stores"—I heard a noise in the public-house in consequence of which I made a communication to the Sergeant—he stayed in front of the house and I went round to the back—I concealed myself behind some bricks—presently I heard some one come down the hoarding next to the house and in a few minutes I saw the prisoner and apprehended him—he was coming from the back of the house in the Court—I asked him what he was doing there and and he said "Nothing"—when the sergeant came up he asked him what he had under his coat and he said "Nothing"—the sergeant unbuttoned his coat and found this tablecloth there (produced)—the sergeant then rang the landlord up; the prisoner was taken into the house and waited while the house was searched—he made a desperate resistance to get away—I afterwards searched him, and a necktie, two eggs, and about a half pound of suet were found upon him; these were identified by Mr. Sala—I examined the windows; they appeared to be forced from the outside on the first floor, at the back of the house—I noticed on the parapet some broken eggs, and one of the spikes of the railings bent on the top—from the position of the railings and the hoarding a person could easily get into this window.
Cross-examined by the Prisoner. When I first stopped you in the court you did not then make any resistance—the sergeant was three or four minutes in front of the house—I did not see you pick up what was found upon you—I did not see you come out of the window.
WILLIAM COUNTER (Policeman E 36). On the 2nd April I was at Drury Court and was spoken to by Price; in consequence of what he said I remained in front of the house—I saw him take the prisoner—I noticed something under his coat and' asked him what it was—he said "Nothing"—I found this table cloth upon him—he said "It is mine"—I rang the landlord up and he identified the cloth and identified the prisoner as a potman who had been in his employment about two months previously—I searched the house—I heard a struggle—I went back and saw the constable and the prisoner struggling; after the constable had overpowered him I told him to search him, which he did—the prisoner said "I shall not he searched here by you I shall go to the station and be searched by an "inspector"—he was searched and the two eggs, cloth, and necktie were found.
FREDERICK AUGUSTUS SALA . I am landlord of the Oxford Stores, 315, Strand—on Sunday morning the 2nd April I was rung up by the police, when I came down I found the prisoner in custody—I recognised him as having been in my service six weeks or two months before—this table cloth is mine—it was taken from the breakfast room where the man made his entrance, I expect; where the window was open.
The Prisoner in his defence stated that he was crossing the court; which was his nearest way home. Also that after the policeman apprehended him he. treated him with violence.
GUILTY — Six Months' Imprisonment.
MR. SIMS conducted the Prosecution; and MR. MONTAGU WILLIAMS Defended Barlow.
prisoners, they laid hold of me and Hagan put his hand in my pocket and took out 17s. and four keys—I have since seen the keys—I hallooed out "Police" and they run away—I saw Hagan taken by the police and one of the others, but I could not say which—I was not struck or hit.
Cross-examined. This was shortly after the public-houses had been shut at night—there were a good many people in the street.
ALICE HATTON . I live at 170, St. George Street—I saw the prosecutor at 12 o'clock at night on the 29th April there—I was looking out of the window, he was sitting on the door step, and the three young men came up and straggled with him—he called out "police," and so did I—they ran away.
PATRICK HANNING (Policeman II 269). On the 29th April I was on duty in the Highway—at about 12 o'clock I heard cries and went to where the prosecutor was—he spoke to me and I saw Hagan and Allum turn up Bed Street—I followed after them and arrested Hagan—Allmn got away—I told him I should take him in custody from information I received of robbing a man of 17s., and he said "I am innocent;" he then put his hand into his pocket and pulled out 10s. 6d.—I took him to the station where he pulled out a steel ring and some keys.
GEORGE WATKINS (Policeman II 65), I was on duty this night and heard cries—I saw all of the prisoners at the bottom of Prince's Street, about 30 or 40 yards from where the prosecutor was—I went towards where I heard police called—one ran away towards Prince's Street and the others towards Bed Street—I ultimately took Barlow into custody after I had taken Allum—he said in answer to the charge that he knew nothing about it—I found upon him 3s. 5d.
Cross-examined. It was five or six miuutes after that I took Barlow into custody—he was in the Highway.
Allum's Defence. I met Hagan and inquired if he was coming home, he replied "Yes," and we proceeded together when a policeman laid hold of Hagan and I ran away, not knowing what was the matter.
Hagan's Defence, I never saw the other two prisoners before.
HAGAN— GUILTY .
BARLOW and ALLUM— NOT GUILTY .
HAGAN also PLEADED GUILTY to a previous conviction and others were proved against him— Seven Years' Penal Servitude.
MR. A. B. KELLY conducted the Prosectdion.
ISAAC PARTING . I am a watchmaker, living in Chapman Street, St. George's-in-the-East—somewhere about 12 o'clock on the night of the 10th May, I was in the neighbourhood of William Street and went into a urinal—my coat was buttoned up as I proceeded along Cannon Street Road—I had no sooner unbuttoned it than in came the prisoner and made a snatch—three other men came in—one hit me a fearful blow—the watch was handed by the prisoner to a taller man—I had not a guard chain on—they immediately left and went up William Street into Langdale Street—I followed them and arrived at the corner of James Street and Langdon Street—I called out for police—the policeman came up and I gave the prisoner into custody—a party said "This is one of them"—I have not the slightest doubt the prisoner is the man.
Cross-examined by the Prisoner. I do not recollect your saying, when I came out "That is the way they went."
JOHN NICHOLS . I am a carpenter and happened to be in the urinal when the prosecutor came in—he was followed by the prisoner and two others—they hustled round him—I did not know they were robbing him—they went up Langdale Street, and when about three parts of the way up there was a constable—I said "That is one of them," and the prosecutor immediately turned round and said "That is the one that took the watch"—when I was following the prisoner I had not got him in sight all the time—he turned a corner—I can swear he is the man.
Cross-examined by the Prisoner. I could not say who it was went out of the urinal first.
WILLIAM HAWES (Policeman H 192). I was on duty in this locality on this night—about 12.15 I saw three men-going from the corner of Langdale' Street and the prosecutor following—he came up to me and said "I have lost my watch," turned round, and, said "That is the man that took it"—I told the prisoner I should take him in charge for stealing his watch—he said "I own I was there"—the other men made off.
GUILTY . The Prisoner also PLEADED GUILTY to a previous conviction of felony, and others (one of seven years' 'penal servitude) were proved against him— Ten Years' Penal Servitude.
MR. DOUGLAS Metcalfe conducted the Prosecution.
WILLIAM OSBORNE (City Policeman 71I). On the 19th May I was in company with Detective Lythel near the—Mansion House—I saw the three prisoners following a gentleman—Murphy, was close up to him and pushing against him—the gentleman turned round and they stood in conversation a short time at the back of the crowd in Queen Victoria Street-shortly afterwards I saw Moore place himself by the side of the prosecutor), and he withdrew, his hand—I saw something in his hand, but could not say what it was—Lythel was on one side and I was on the other—Moore ran away and Lythel caught him—I secured the other two who ran towards me—at the station the prosecutor identified the watch the prisoners were searched and on Moore I found this knife (produced) open in his pocket and these two scarves—we bad been watching the prisoners for three quarters of an hour to an hour—they were acting in concert the whole time—Murphy gave an address where he was not known.
Cross-exmined by the Prisoner Moore. I saw you place your hand and take something from the prosecutor.
SAMUEL LYTHEL (City Detective Sergeant). I was with the last witness in Queen Victoria Street—I saw the prisoners there together—I saw them first following a gentleman towards Cannon Street, not the prosecutor—I saw Moore go beside the prosecutor—about twenty minutes later the other two were close up, and each had a hand on his shoulder—they stayed by the side of the prosecutor two or three minutes, and all of a sudden there was a move, Moore running in the direction I was standing—the other two in the direction the last witness was standing—I caught Moore-and the prosecutor said "That man stole my watch," and then there was a scuffle
who should have the watch—I saw the watch in Moore's hand; I caught the chain and the prosecutor caught the watch—I told Moore I was a police-officer and should take him into custody—there was not much of a crowd—he did not say anything; I took him to the station, and and shortly after the last witness arrived with the other two.
CHARLES MACDONA . I am a clerk living at No. 7, Lawn Road, Brixton—on the 19th May in the evening I was in Queen Victoria Street, I saw the three prisoners, they followed me, and I pushed back—a little while after I felt Moore at the left hand side of me pulling me—I looked round and he had my watch in his hand; he ran away and dropped the watch; I caught it, and Sergeant Lythel sook him into custody—this is my watch (produced)—the other two prisoners were with Moore.
GUILTY . MOORE also PLEADED GUILTY to a previous conviction of felony, and others were proved against him.
MOORE**— Seven Years' Penal Servitude.
HARROW— Twelve Months' Imprisonment.
MURPHY*— Twelve Months' Imprisonment.
MR. HUMPHRIES conducted the Prosecution.
MARY ANN BRYANT . I am the wife of George Bryant, who keeps the Weymouth Arms, Weymouth Street—on the 23rd March last the prisoner was in my husband's employment as a potman—I was desirous of purchasing a bedroom suite and consulted the prisoner about it—he, said he could get it at trade price at Basing and Green's—on the 23rd March I went with him to Messrs. Green's—I chose the set and came out and told the prisoner where it stood and gave him a 10l., note and a 5l. note—he went inside and came out saying the price was 20l—that it was too much, and that he must go to Thames Street to ask his master, where he stated his master lived—he said he would be back in half an hour, and I never saw him again—I waited some little time.
Cross-examined by the Prisoner. I did say "William, go and get yourself a glass of stout."
PHILIP CROCKER . I am a salesman to Messrs. Green, 107, Queen Victoria Street—on the 23rd March the prisoner came to our shop and chose a chamber service worth about fourteen guineas—he stated that he did not know whether his master would have the foot bath, and that he would go back to his master and see if he would—I noticed he had notes in his hand—he went away and never returned.
THOMAS CLARK (Detective Officer D). I arrested the prisoner at Kingston on the 14th May—I told him the charge, for stealing a 10l. note and a 5l. note—he said "I did not take the money, I had my watch and chain stolen and the 10l. and 5l. note," and he begged Mrs. Bryant to forgive him.
GUILTY . The Prisoner PLEADED GUILTY to a previous conviction, and several others were proved against him— Ten Years' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution.
GEORGE GERRARD . I live with my mother at Hackney—on the morning of the 1st May I came downstairs at about 5.35—I saw the prisoner coming out of one of the rooms—he had got my brother's coats—I went into the
dining room and found it in confusion—he went down in the direction of the back kitchen—I called my brother's attention to him—the coats were safe in the front room the night before.
Cross-examined. You went down the staircase, out of the back door and towards the fence.
RICHARD GERRARD . On the 1st May, between 5.30 and 6 o'clock I heard my brother call out—I looked out of the window and saw a man in the garden, the prisoner; he was running from our premises and climbing over the wall at the top of our garden—he could not get out of the gate—he took my two coats and put them under a box and came back into the garden—I dressed myself and followed him—the policeman took him into custody—these are my coats (produced).
ALICE GERRARD . I am a widow, and live at Church Park, Hackney—the gentlemen called are my sons—I went to bed this night between 12 and 1 o'clock—the house was securely fastened—the next morning I found the back kitchen window had been opened—I missed two of my rings and this razor and pipe (produced), belonging to my sons, were all safe when I went to bed.
JAMES ALDRIDGE (Policemnan N 365). From information I received from these young gentlemen, I went with them to this spot—I caught the prisoner the other side of the gate—there was a box there in which I looked and found the articles produced—I charged the prisoner, but he said nothing.
The Prisoner, in his defence stated that the coats were given to him by two young fellows to take care of while they fetched him a dog, and that he threw them down in fear, hearing some one call out "There they go."
The Prisoner also PLEADED GUILTY to having been previously convicted of felony, and other convictions were proved against him— Judgment respited.
NEW COURT.—Wednesday, May 31st, 1876.
Before Mr. Baron Cleasby.
MESSRS. STRAIGHT and MEAD conducted the Prosecution.
SUSAN ANNIE LEARSMAN . On 25th April I was lodging at 57, Euston Square and sleeping on the third floor—the prisoner lodged in the house—he is, I believe, a surgeon—on 25th April, at 2.10 a.m., I was aroused by a fearful noise in the next room as if a person was insane, and the alarm bell was ringing; there is alarm bell in each room—I went out of my room and heard more noise—what gave me the impression that some one was insane was hearing the carpets pulled up and the china knocked about, as if a person was in a state of frensy, quite a maniac—I do not think the china was broken, but I heard the furniture knocked about—I heard a rush to the door and I believe Dr. Grimes opened his door and came out into the passage—I then went into my room and shut the door—he shouted for ten minutes or a quarter of an hour and made a fearful noise—I went down to my sister, who has a room on the lower floor; we went out, called the police, showed them up to the" prisoner's room, and I gave one of them an iron bar.
Cross-examined by the Prisoner. I did not come to your door and ask you to open it—I believe the two men who came up before the door was broken were policemen—there were no men but policemen the whole time.
Re-examined. I did not see Thomas Starter in the house—I believe a
person in plain clothes went up afterwards, he does not belong to the house—the prisoner had lodged there two or three weeks.
FRANCIS ALLWOOD (Policeman E 63). On 25th April, about 3.30 a.m., the last witness called me to 57, Euston Square—I went with Hackett upstairs to the third floor back room—I knocked at the door and the prisoner, I believe it was, asked who was there—I said "Police"—he said "What do you want?"—they had told me that he was a doctor, and I said "The landlady of the house is very ill down below, she wants to speak to you;" that was done to get him to open the door—he said "I shan't come, you must get some one else"—I said "If you don't open the door I shall break it open"—he said "I shall set fire to the place and blow it up"—I then heard a rumbling noise and a cracking, and the females said "For God's sake, break the door open, he is setting fire to the place"—I swelt a fusee—they brought me an iron bar and I broke the door open—the room was all upset and I knocked my shins against a bath—the prisoner was there behind a mattrass, it was reared up on its side, and as soon as I got inside he said "Stand!"—I said "For God's sake, do not!" but he fired at me—the ball struck against an iron bar, cut a button off my coat, and glanced against the wall of the room and I found it afterwards—I went down below to get more assistance, and when I got to the first landing the prisoner came out and said "Oh, I have finished the b——"—the constable brought back Sergeant Pearson and a man named Starter—Starter went in first—they tried to paoify him by talking to him quietly and he seemed very calm then—I went behind the mattrass and behind him and seized his arms—he passed the revolver from his right hand to his left and fired four shots at random; he could not fire straight, because I was holding his arms—he said something to the sergeant about a dark man mesmerising him—the first shot, I believe, hit Sergeant Pearson, and the second as well—I cannot say as to the third and fourth, as I was struggling with him—I afterwards found two shots in the room which exactly fit the pistol, they are in copper cases before they are fired.
Cross-examined. When I said "Open the door," you said "I shall not open it; if you have anything to say, say it from that side of the door, and I shall answer from this"—I was inside the room when the first shot was fired, but I believe a bullet went through the door by the look of it—the gas was alight, and you could see that I was in uniform.
PATRICK HACKETT (Policeman E 436). I went with Allwood and Chick to the third floor of 57, Euston Square—we knocked at the door, and someone said "Who is there?" and Allwood said "The police"—the man said "What do you want?"—Allwood said "To speak to you"—the man said "Whatever you have to say, say it"—Allwood said that he wanted to speak to him privately and to have the door opened—there was a noise of knocking furniture about, and complaints were made by the women—a bar was given to Allwood, and he knocked the door in, as the prisoner said that he should not open it, he should set fire to the b——place—Allwood went in first; a shot was fired, and he came out pretty quick—I shut the door and held it tight for some minutes; I then ran downstairs—the sergeant came with Stone, and we all went up together—the prisoner was then on the landing—he asked who we were; the sergeant said that he was a police sergeant of the E Reserve—the prisoner asked what we wanted; the sergeant said that he was kicking up a row in the house, and they had come to see what was the matter—the prisoner said "If you are police come upstairs"
when we got on to the third landing I saw the prisoner retreating into his room; he went in, and I saw him get behind a mattrass—Stone and the sergeant went up to him and spoke to him, and Allwood went behind him—I heard four reports, and the sergeant was badly bit, and so was Stone in two places—the prisoner seemed a little excited, but he recovered afterwards at the time we took him in custody—he fired the first shot when we knocked at the door—he was taken to Hunter Street station, and I found in his pocket these six cartridges (produced) and a knife—Allwood took the revolver from him—he saw a doctor at the station.
WILLIAM PEARSON (Police Sergeant SR 1). On 25th April, about 4 a.m., I heard a rattle springing, and went to 57, Euston Square—I went upstairs with the other constables, and after some conversation with the prisoner outside we went into the room and talked quietly to the prisoner to pacify him—I was in uniform—he said something about mesmerism which came from below, and a man down below; I do not exactly remember the words—Allwood went behind him, and he commenced firing; the first shot struck me on my thumb, and I turned round and another struck me in the small of my back, about 4 feet from the ground, and I fainted—I have been in the hospital more than three weeks.
WILLIAM STONES (Policeman S 124). I was called to the house with the sergeant by the springing of a rattle—we stopped on the first landing, not wishing to excite the prisoner, who was on the second—I heard the sergeant call out his number and division and say "Come down here, doctor, and let us see what is the matter"—the prisoner said "No, show me your helmets that I may know you are police"—I and the sergeant then went upstairs and the prisoner was on to the landing—I then saw him go into his room and the sergeant followed him very quietly—there was apparently when I got in a bed with the inside taken ont, and he was standing by the side of it—he seemed rather excited and he pointed with his fingers and looked down with his eyes and said that somebody underneath was mesmerising him and that there were some wires, pointing to the wall—while he' was saying that Allwood got behind him and laid hold of his arms—there was a struggle between him and Allwod, and as I rushed forward the re volver went off and the bullet struck the button of ray great coat, went through my under coat, trousers and drawers, and took about two inches off my right side—it went as deep as it could without letting my inside out—I think that was the second shot after Allwood got hold him, but they were fired very quickly—I said "I am shot, hold him fast"—this is my great coat, here is a piece out of the button and a hole through it—I thought the prisoner was getting the better of Allwood and was trying to draw my truncheon when he fired again, shoving the pistol right against me and set fire to my coat and my pocket too, and burnt a piece out of my coat—I think that was the last shot, because he fell directly—by that time I had got my truncheon out and I struck him across the nose and knocked him down—the sergeant had fainted at that time—I saw the prisoner secured and the sergeant put into a cab to go to the hospital—I then went to the divisional surgeon and was under treatment till 18th May—my side hai healed now—when I took my clothes off that night a bullet fell from my shirt.
Cross-examined. No shot was fired till after you were pinioned, that is what I say—I could not see the pistol for the smoke, but I saw you raise it as I made towards you, you had full play for your arm—I should not say it was an accident; I can only say that every ball told.
By THE COURT. I mean that it was intentionally fired—he said that some one below was mesmerising him—he did not speak about a black man.
WILLIAM DEMAID (Police Inspector E). I was in charge of the policestation when the prisoner was brought in—he had a wound on his nose—he was charged with wilful damage to furniture and-shooting at Allwood, Pearson, and Stones with intent to do grievous bodily harm—he said "I wish I had hit the policeman, he was working the wires to mesmerise me, I was stupefied and did not know what I was doing"—he seemed excited and I thought he had the appearance of having had drink, but I could not be certain—I examined the room and found the bedstead stripped and the things thrown about—the room was in great disorder—I saw a hole through the door, which could have been made by a bullet—a small paper labelled "opium" was handed to me in the room, and I found five of these cartridges in each chamber, of the pistol.
Cross-examined. They were all empty—the hole in the door was from 3 feet 6 inches to 4 feet from the ground—it might be a foot above the lock and in that part of the door—it was not 2 feet above the lock—I did not measure it.
RICHARD PARRAMORE , M.R.C.S. I live at 18, Humter Street, about 4.15 on the morning of 18th April, I was called to see the prisoner and found him suffering from a slight wound on his nose—he was very much agitated, and evidently labouring under a delusion—I said "Have you been drinking?"—he said "No, I have had nothing but a bottle of Bass's ale, but I have not had any sleep lately," or "for several nights, and I took some opium last night, but it did not give me any sleep"—he was very disconnected in what he said, and I believed he was labouring under a delusion—he said that a mesmerist was downstairs below him who was trying to throw him out at the window by force, trying experiments, and that there were wires from the room below to his room, that he was cutting those wires, and while he was cutting them he was interrupted, and that he was sorry he had shot the policemen—he said nothing about a man in black—I have seen several cases of delusion, and to the best of my judgment he was suffering under delusion at that time, he was evidently insane—if I had been examining an independant patient that was the conclusion I should have come to—I did not observe any appearance of drink—opium when it has not the affect of causing sleep is a terrible irritant, and has just the contrary effect—in my judgment appearances which at first sight might be like those of drink might be brought on by opium.
Cross-examined. A four or five grain dose of opium would irritate to a great extent—I should be sorry to give it to any person, it might kill them—it might cause delirium—when I saw you you were to all effects and purposes insane, and I ordered you to a lunatic asylum.
JOHN ROWLAND GIBSON . I have been medical officer of Newgate for nearly twenty-one years—in the course of my duty I have had my attention called to a great many cases involving insanity—there is insanity which surrounds the commission of an act leaving the person sane afterwards; it may last for a short time and pass away, leaving the person in the sound possession of his faculties—the prisoner was placed under my charge this day fortnight—I was made acquainted with the circumstances of the case and examined him—I have heard the evidence of the last witness, as to the appearances he observed and the statements the prisoner made at the time
—those appearances and statements are no doubt consistent with his Buffering from delirium at the time he committed this act—I agree that opium taken by a person on whom it does not have the desired effect would be a considerable irritant, and the symptoms would be greatly aggravated by it—I believe that he is now in the perfect possession of his faculties—I have had conversations with him almost daily in reference to this transaction, and he quite recognises the fact that the man in the room below and the magnetic wires were delusions—he is a man of intelligence and a M.R.C.S.—I do not know whether he has been in the Army, but I think he was out in the Crimea, in some capacity; I do not think he had then passed his examination.
JOSEPH HILL ,. F.R.C.S. I have made insanity my study, I have charge of the lunatic ward of St. Pancras workhouse—the prisoner was placed under my charge, I had not known him before—he was not in my judgment of sound mind at that time—the strongest indication of insanity is delusion and he was suffering from delusion—he said that an American doctor occupied the room beneath him, and had been endeavouring to mesmerise him—he remained with me till 3 o'clock that day week—I have heard the evidence given by Mr. Gibson and Mr. Parramore, and agree with it.
FRANK GODFREY . I am a licenciate of the Royal College of Physicians, and have known the prisoner ten years, he is a M.R.C.S.—he dined and spent the evening with me two nights before this; I had not seen him for many years and I accompanied him nearly to his house—he was very much depressed, and not the same cheerful man that he was when I first knew him inSheffield, he seemed sometimes vacant and absent about things which I expected him to be au fait at, he seemed to have lost himself; I saw nothing more of him—I have had charge of convict establishments and had many lunatics under my charge—I fully agree with the other medical evidence.
The prisoner produced a written defence, slating that on the Sunday evening preceding the occurrence he felt very unwell and went to bed earlier than usual, but failed to get any sleep and got up at 6 o'clock and took a dote of opium to see if it, would compose him, and knowing that I or 2 grains had no effect upon him he took 4 or 5, after which lie became more restless, and during all Monday did not feel it safe to venture into the street, but remained at home all day and went to bed at 10 o'clock, but could not sleep, having an idea that somebody below was making him an experiment for mesmerism or electro biology; that he then felt the preliminary, symptoms of an epileptic fit and shouted out "Stop that devilry, I will have no more of it;" that he had some recollection of rushing at the bell wires under the impression that he was being influenced by them, and thought the room was filling with vapour sent through the floor, and tore up the carpet, and put the mattrass on the boards to prevent it coming through and threatened to fire through the floor; that when the door was being broken open he fired at the thick part of it above the lock to deter' the man from entering, having no idea that he was a policeman, and that the other shots were fired accidentally in the struggle, and he expressed his sorrow that he had been instrumental in inflicting injuries upon men against whom he entertained no malice.
NOT GUILTY on the ground of insanity — To be detained during Her Majesty's pleasure.
FOURTH COURTH.—Wednesday, May 31st, 1876.
Before Mr. Recorder.
405. HENRY ROBINSON (24) , to burglariously breaking and entering the dwelling-house of Charles Frederick Grimbold and stealing therein sixteen towels, and other articles, his property— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. BESLEY conducted the Prosecution; MR. WARNER SLEIGH appeared for Robins, and MR. MONTAGU WILLIAMS for Watson.
WILLIAM HUMPHRY . I was potman to Mr. Watson, the landlord of the Queen's Head, at 20, Park Side, Knightsbridge, for six months within a week—the prisoner Robins was also employed there about six months as potman In substitution of his brother-in-law who was ill—I knew Watson as a customer of the house by the name of Chungo—I have seen him from time to time speak to Robins at the public-house—the subject of Mr. Watson's cash-box was mentioned by me to Robins almost three weeks before the robbery—I said to him "I know where the cash-box is, shall I go and get it"—he said—"No, don't do such a thing"—nothing more was said at that time—the matter was mentioned again the evening previons to the robbery Tuesday 2nd May, going from Mr. Skinner's the tailor to the King's Road, Chelsea, Robins was with me and we were going to York House, Chelsea, the linendraper's—I cannot exactly say who begun it, but on the way to King's Road, Robin's said "We must have that" and I understood him to mean Mr. Watson's cash-box—I said "Oh yes, we must have it"—nothing was said about where it was—on the first occason in the parlor I said "I know where the cash-box is, Robins," it was in the parlour at the right hand side of the window—on the evening the subject was mentioned going to the linendraper's—nothing more was said till Robin's left my master's house (the Queen's Head)—I saw Watson about 11.20., that night at the Queen's Head—he had an umbrella with him and asked me if I would give him 2s. 6d. for it—I said "No; 2s."—he said "No, I wont afterwards he said "Give me 2s. and you can have it"—I found I had not got 2s. to spare, so I gave him 1s. 6d. and told him I would give him the other 6d. the next morning—I took the umbrella; I did not see him leave—the house was closed at 12 o'clock—Robins went out of the house as I was shutting the doors—he does not sleep on the premises—Robins said "That will be done to-night; Chungo goes up the tap-room chimney"—I fastened up the premises and took the pots out of the tap-room—I looked up the chimney and I see Chungo's legs—I says" Chungo do you know where it is," he said "No, where is it" and I told him on the left hand side as he got into the parlour window; I regonised his voice—I went out of the tap-room and went upstairs to bed—I cannot say whether the window of the bar parlour was fastened or not that night—the next morning I was down stairs about 8.20—the two barmaids and Mr. Watson were about—I did not
observe anything different from what I had see the night before—they pointed out to me that there had been thieves in the bar parlour and I looked and I see a paper parcel or two in the parlour—I was not taken in custody till Wednesday afternoon—I saw Robins the next day and he said "He has done it clean, hasn't he;" I said "Yes"—Robins said on the evening we went to the linendraper's 'Whatever we get, we will go shares"—I did not know how much money was missing—I told Robin's I thought I should get taken up for it and he said "I daresay you will; tell them you don't know any—thing about it"—I don't know who gave me in custody—I made a statement about an hour and a half or two hours after I was taken in custody, to Mr. Knight, Inspector of Police, which he wrote down and called upon me to sign it—I got no money from either of them.
Cross-examined by MR. M. WILLIAMS. Whatever was got—I was to have. "my share; I believed that—that was said the evening before the robbery. it was not talked about more than once between Robins and myself before the robbery—it was I who suggested robbing my master—Robins would not do so at first, but he yielded to my persuasions—I made no statement until after I was given in custody—I did not see Chungo's face when he was up the chimney—I did not suggest that he should go up the chimney; I. was surprised when I found him there—I did not know it was going to be done that night.
Cross-examined by MR. W. SLEIGH. I was nineteen last July—I—was never connected with a transaction of this kind before,; I swear that—I was at the Standard Music Hall when a barman robbed the master—I had nothing to do with that; I was not accused of having anything to do with it—the name of the master at the music-hall was Mr. Bunt—I was not questioned a word about it—I cannot tell you, the name of the barman who was charged—it was for stealing a marked sixpence and a shilling, I believe—there was once something about a watch and chain; I was not there then—I was not accused; a man was who used to work for a fishmonger; I was not questioned about it—I believe the watch and chain were given up; I do not know who gave it up—it might be two years ago—I think the watch was stolen in the stalls—I was potman there at the time—I was once taken' to the Westminster police-court for stealing mould; never for anything else—I was never accused of stealing a watch—I remember about three months before this, when in the prosecutor's service, a box with money in it being missed by one of the barmaids—I was questioned about it—the box was afterwards found in the house, and nothing more came of it; it was found in one of the barmaids' boxes—I would have stolen. Mr. Watson's cash-box myself, but Robins stopped my doing it—I mentioned it to Robins because I wanted some money; I thought he would go shares with me—Robins cross-examined me at the police court; he asked me about the box, that is all—he did not ask me about anybody else employing me in the matter; I swear that—he said "Wasn't it you who first proposed to get the cash-box?" and I said "Yes"—he did not ask whether I proposed it to Watson—I have never been in Court before; I have never done anything like stealing a cash-box before; I never committed a theft before, only taking mould from Lady Dacre's garden; I forgot that—I have no idea bow-much there was in the cash-box—I was in the service six months—I do not know how often the money was counted; I do not know that it was counted up every night—it was not done in my presence before I went to bed—I will swear I did not see it filled every night with the takings of the day.
Re-examined. The mould I have spoken of was a truckload which I and another took for someone we were working for, and a constable came up and took us—there was no building going on there; it was vacant, land barricaded in—the constable went and fetched the owner of the ground, and he said if we promised not to take any more he would let us go, and he let us go—I was about fourteen or fifteen then—that is the only charge that has ever been made against me for dishonesty—the barmaid's money-box was found safe, with the money in it—I had nothing to do with that.
JOHN KNIGHT (Police Inspector B). I was sent for to the Queen's Head on Wednesday, 3rd May, at about 9.30 in the morning—I examined the premises; the tap-room is separate from the main building—it is one Story—there is an open yard outside the tap-room, and an area, and a door leading from the front of the bar into the yard—I also examined the window of the bar parlour—the bar parlour is part of the main building, divided from the public parlour where the business is carried on—my attention was directed to a white calico blind in the bar parlour which was covered with soot—I noticed the fastening of the window frame—there were small scratches between the two sashes; I should think they must have been recently done—I closed the window and operated on the outside of it, and found it could be opened very easily by the catch being slipped back with an ordinary pocket knife—a person coming from the tap room and crossing the yard could very easily enter the parlour by the window—there was a desk close to the window, which was pointed out to me as the place where the cash-box was kept—I traced soot from the bar parlour window over the wall into the next premises, and then came to a hoarding; there were still traces of soot there—I got over the hoarding, which is about 6 feet high—I examined the tap room chimney, and found soot leading from the tap room to the bar parlour window—I had had no statement made to me then of a man having concealed himself in the chimney; it was for my own satisfaction—I found a slight mark in the chimney, as if a toe had been against it, leaving a white mark behind it—there is a place 5 or 6 feet up the chimney where a person could sit back very easily—I did not get up to see—I could see the soot had evidently been disturbed—I took the charges against Watson and Humphry—Watson was taken in custody first and Humphry afterwards; on Thursday; Watson was taken about 12 o'clock in the day—I don't know what money he had on him—Watson was present when Humphry was brought in—Humphry did not make a statement in Watson's presence—as soon as the charge was taken and he was about to be removed to the cells, he wished to make a statement; he was brought back in consequence of that request—I have got the statement here—he signed it—there were no traces of soot except as I have described, from the tap room to the window and the window to the wall.
Cross-examined by MR. M. WILLIAMS. I easily saw these traces of soot, even to the hoarding—they could not have been put there by anyone unless they got up on the hoarding.
Cross-examined by MR. W. SLEIGH. I have seen Robins about—I don't know his mother and father—I have only been in the neighbourhood about three years; I didn't know him at all until this affair occurred.
HENRY WATSON . I keep the Queen's Head, 20, Parkside, Knightsbridge—Robins was in my employ about six months as potman, in the place of his brother-in-law who was ill—Humphry was in my employ about six months and was so up to the time of his being given in custody—he slept
in the house on; this Tuesday night—I that night fastened up the premises myself as usual—I have been there seventeen years and I never miss going round and fastening everything—the bar parlour window was secured; I always fasten it—there were bags of silver and halfpence in the cash box in my desk; I always take the gold and notes upstairs—in the desk we sometimes have 20l., 30l., or 40l. worth of silver—on 2nd of May I missed 15l. in silver which had been fastened up in bags of 5l. and put in the desk—in the morning at 6.30 I was called down by my barmaid—I had given her the key a short time before I was called—I went to my bar parlour and noticed the window open and also the desk; that had been burst open with something violently, and the. money was gone—there were four bags left behind which could not be easily seen, they lay at, the back of the desk.
Cross-examined by MR. W. SLEIGH. I generally count up the money about 12 o'clock in the evening—Humphry would go to bed at 12 o'clock—he would not generally see the cash box made up—he might sometimes see us counting the money up in the bar parlour going to bed—there was no engagement with Robins—I didn't know that he bad been employed at the Alexandra Hotel on the south side of Hyde Park—I knew he had been employed at the Blantyre, Blantyre Street—when he came into my service I was satisfied that he was a respectable and responsible person, and up to the time of the cash box being stolen, he was, as far as I knew, an industrious and honest servant.
Cross-examined by MR. W. SLEIGH. Robins has always paid us when he has: come for goods—I would not take his introduction or any other man's.
ALFRED WILLIAM HANCOCK . I am potman at the Clock House Tavern—I I know the prisoner Chungo— I saw him on Tuesday night about 9.30 at the Clock House with two umbrellas; he offered one for sale for 3s. and said it was worth 6s.—he wanted to get some beer—he went away and came back again about 11 or 11.30 very drunk—he offered an umbrella for sale again for 2s.—he was offered 1s. and would not take it—he pulled out a knife and screw driver and said "These b——y things will get me 100l. or 200l. to night;" and. with that he drank up and walked out-his overcoat and hat were shabby and shirt dirty, and his boots were not up to much either—next night, Wednesday, I saw him again about ll o'clock; he was then very respectable looking, he had a new suit of clothes on—he came up in a cab with two or three young women—they came into the bar and asked me to drink and I would not—he said he could flash 50l. after taking the beer.
Cross-examined by MR. M. WILLIAMS. He was quite a stranger to me—he was drunk when he had the umbrellas and when he came in with his boots in that condition.
HANNAH EMERSON . I keep the Hour Glass Tavern Fulham Road—I know the two prisoners by sight as casual customers—I have never seen them together but once, which was Wednesday, 3rd May, in the afternoon—I saw Watson in the morning about 10.30 or 11, he was very smutty and dirty on his face, I thought he had been cleaning a flue or something—he had a brown paper parcel with him—he had a glass of ale and then
went away—in the afternoon, about 2.30, he and Robins came in together, he was then clean and very respectable looking—they had ale, I think, and then left.
Cross-examined by MR. M. WILLIAMS. I knew he was a kind of scullion at the Criterion, and it would not be a remarkable thing to have a smutty face—generally when I have seen him he has looked as if he had left his work—I have seen him tidy and clean but not as if he were dressed for the day—I have seen him on Sunday but not as if he were dressed for the day—I should think he has to work on Sunday too.
Re-examined. I heard from someone that he was employed at Spier and Pond's—I have never been there—he never looked the same as he did on 3rd May, quite different.
JAMES BUXTON (Detective Officer B). I took Robins a little before 9 o'olock on the evening of the 4th, at the Queen's Head—I told him I should take him in custody for being concerned with two others in committing a burglary at Mr. Watson's—he said "I told Bill I expected you were coming for me, but I know nothing of the burglary"—Bill is his brother-in-law—I had taken Watson early in the day, about 12 o'olock—I said "Chungo, I am going to take you for committing a burglary down at Watson's"—at the station I said "Show me what you have got"—he pulled out 1l. 18s. 9d., consisting of a sovereign, a halfsovereign, and the remainder in silver—it was 6 o'clock when he was charged, when I searched him and found 1l. 10s. deficient—he had been in custody and I said "What have you done with the 1l. 10s.—he said "We don't rip up guts here"—I am sure he had no opportunity of communicating with anyone.
Cross-examined by MR. SLEIGH. This was about thirty-eight hours after the robbery—I went on Wednesday morning to make inquiries; it was well-known then that a robbery had been committed—I have known Robins from a boy; I never knew anything against his character.
WATSON— GUILTY — Twelve Months' Imprisonment.
ROBINS— NOT GUILTY .
MR. GOODMAN conducted the Prosecution; and MR. FRITH the Defence.
RICHARD MARTYR WHITE . I am one of the Brethren of the Charter House, and reside there—between 8 and 9 o'clock' on Monday evening, 8th May, I was in Aldersgate Street, I saw a crowd, I went to see what it was; I saw a man in a fit or pretending to be—the prisoner got his arm round my neck, and his hand near my pocket, and—I was anxious about my watch and I put my hand so and he ran up an alley—a little girl spoke to me and I missed my watch—it was safe not a minute before—I had this coat buttoned up this way when he caught hold of me; my chain was hanging down loose—it was a family watch and I valued it at 4l. 10s.—I followed the prisoner and saw him taken; I never lost sight of him—I am a pretty good runner—he ran up some yard.
Cross-examined. At the Guildhall, I said that he was a short distance from me—it was all done very quickly; I don't say I was not excited—the way he squeezed me was enough to make anyone excited—I am only a human being, but for all that I always stick to the truth wherever I go—I didn't know Alice Torrington, till I heard her name called in Court—I have
not given her 2s. for her evidence—when the affair was over I gave her 2s., because she said she was hungry, which a father of children ought to do—it is not true that I told her to speak in my favour—I saw the prisoner's features; I felt his hand in my pocket—there was a good crowd.
ALICE TORRINGTON . I live at Bridgewater Place, Barbican—on Monday evening, between 8 and 9 o'clock, I was in Aldersgate Street, and" "saw a croud, a watch was taken out of White's pocket by the prisoner—I said something to White, and he looked dawn and found his watch gone—it was all within a minute or two—the prisoner ran away up Fleetwood Place, and round to the left into the milk-yard; I followed him and did not lose sight of him, and was there when the policeman took him.
Cross-examined. I was standing on the other side of the street—there were people constantly passing up and down—the prisoner's back was turned, but I saw his face, and I saw White run after the man who ran away—he was a good distance off, about the width of this room—White gave me 2s. when I was out of Court.
Re-examined. I have not been threatened that it would be the worse for me if I gave evidence against the prisoner—I had a fist shaken at me in the window—none of the prisoner's friends have said anything to me about giving evidence.
Cross-examined. The inspector told me he was going to take me to see the man who stole the watch—he was locked up in a little place with four little pieces of wood round him—there was me and Alice Torrington, and the policeman, he tried to struggle away and knock the policeman's hat off—that was up the milk-yard, and he took his coat off the man after he stole the watch came back to the corner of Hart's Court, to see what was the matter, and they said "That is the thief who stole the watch"—he ran through Hart's Court, and came out by a chandler's shop and went up the court.
Re-examined. I saw him run up and take the gentleman's watch, and he went up Farringdon Street, and the people called out "Stop thief"—I allowed him up.
RICHARD PHILLIPS (City Policeman 190). I was on duty in Bridgewater Gardens on the evening of 8th May and heard something called out the prisoner passed me just a minute before—I could hear "Stop thief"—I looked back and saw the. prisoner run, and I turned round and ran after him—he had that dark jacket on—he ran up the milk-yard and then had a white slop on and his jacket on his arm—I stopped him and Alice Torrington, and the last witness came up to me and said "That is the man who stole the watch"—the prosecutor came up—I said he would have to come to the station with me—in Redcross Street he attempted to throw me and tried to knock my hat off—I found nothing on him—I have looked about up the yard for the watch and cannot see it.
Cross-examined. I never lost sight of him—I followed him directly I heard the cry and eyed him the whole time—he refused his name and address—he had plenty of chances of throwing the watch away before I saw him—this milk-yard is in Bridgewater Gardens, and at 9 o'clock at night it is pretty quiet.
to the station—he was very violent, kicking and striking—he had no appearance of having been drinking.
PLEADED GUILTY.**— Ten Years' Penal Servitude.
OLD COURT.—Wednesday, May 31st, and Thursday, June 1st, 1876.
Before Mr. Justice Mellor.
408. WILLIAM KINGSTON VANCE (24), and ELLEN SNEE (29), were indicted for unlawfully conspiring to kill and murder the said Ellen Snee. Second Count—To murder a person unknown. Other Counts vary. ing the form of charging the conspiracy.
THE ATTORNEY-GENERAL, The Solicitor-General, with Messrs. Poland and BOWEN conducted the Prosecution; MESSRS. COLLINS and McCALL appeared for Vance; and MR. FRANCIS, with MR. HORACE AVORY for Snee.
GEORGE CLARKE . I am chief inspector of the Police Detective Department—on 21st April last I went to 59, Euston Road, and there saw the prisoner Vance—I said "Mr. Vance"—he said "Yes"—I said "I am an inspector of police and I hold a warrant for your arrest;" I read the warrant to him, the warrant mentioned the name of Quarll—he said "Quite right, I have been in communication with a person of that name, I am a medical student, but I did not intend to murder anyone, come up to my room," and he asked me to speak quietly—I went up and said "I shall search here for letters"—he opened a box with a key that he took from his pocket and handed me this letter (produced) and said "This is the only one I have left." (Read: marked E, 20/2/76.—"Dear Sir, I make no question you could be of service to me, the question is, will you? The solatium I offer is 100l. The conditions these. I am tired of my life. I could do a great deal of good to a person I am interested in by leaving the world just now, and one way or another I am resolved to do so, but, if possible, I should prefer not to wound the feelings of the person who will gain most by my death by allowing it to be supposed voluntary. Besides, the most merciful verdict of a coroner's jury will he sufficient to invalidate my will Now, although I have some acquaintance with medicine and chemistry, I know of no drug or combination of drugs which would do this for me with out risk of discovery. It is possible you may.' It is not absolutely essential that the supposed means should be painless or even very quick in their results. If some artery could be hurt with any plausible appearance of accident, assistance summoned too late, etc. I am willing to allow time for experiments, have no objection to a personal interview, and will give any any assurance of bondfides that may be thought necessary; I only request that this communication be considered strictly private. Yours faithfully, M. Q. Address to these initials, at the P.O., Junction Road, Kentish Town, N.W.") There were several large boxes there—I found one containing a large quantity of drugs, which I took possession of—they were all locked—he unlocked more than one—the first box contained a large quantity of letters—I took him into custody and took him to the station, he there gave the name of William Kingston Vance—I took the box containing the drugs to Dr. Bond, of Parliament Street—among other bottles I found one, a chloral bottle empty, with Corbyn's label on it—this is it (produced)—I then went with Sergeant Butcher to 48, Crowndale Road, Canden Town—the door was opened by the female prisoner—I said "Mrs. Snee"—she
said "Yes"—I said "I wish to speak to you"—she said "You had better come upstairs to my room"—I went up—I said "I am an inspector of police and I hold a warrant to arrest you"—I read it to her—she expressed some surprise and said "I have not harmed any one." (The warrant was for conspiring with Vance to murder a person unknown.) The other warrant has the name of Quarll in it—I read both the warrants to her—I have three warrants, they are worded in a different way—I am not sure which of these two I read to her—after reading them she said "I have not harmed any one, and did not intend to harm or murder any person; I have been very weak and ill and I meant the drugs for myself, and I intended to have them by me in case I was ill again, but the powder I received smelt so horrible I could not use it, the other in the bottle I poured away, and broke the bottle. I sent the powder back the same day as I sent the post-office order, and that I intended for the trouble I had given the person who answered the advertisement I had put in the newspaper"—I am not quite sure whether she said the "Daily Telegraph" or not—she said "I have never seen the person"—I said "I must search for letters"—she said "You will not find any, I have destroyed them all, even the blotting paper"—I saw this diary on the table—I turned to look at it, and she said "That is my diary," and she called my attention to one or two entries that she had made in it—she said that she had been very lonely after her husband left, and if it had not been for the sister-in-law who had been stopping with her she should not have known what she should have done—I do not remember which were the entries she pointed out; they did not appear to me to be of any consequence at the time—several leaves of the diary are turned down—on two of the leaves I found the impression of. the name of William Quarll, it is very plain on one; they are about the dates of 31st January and 9th February—I only see one now—I took (her to the station and she there gave the name of Ellen Snee—I produce a copy of the "Daily Telegraph" of Friday, 18th February, also some letters which I received from the post-office authorities upon the Secretary of State's warrant—I opened them in the presence of the Solicitor to the Treasury—there are six altogether, but one envelope contains several—I also received a "Globe" newspaper.
Cross-examined by MR. COLLINS. 59, Euston Road is a private boarding-house called the Bell Hotel—when I read the warrant to Vance he said that he did not intend to harm or murder anybody—he also said "I will give you every facility, but you will find no other letters of the person I have corresponded with"—he did not say that he had only kept this letter as a curiosity, or any words to that effect—when he handed me the letter, he said "This is the only letter I have kept, you will find the others are private letters from friends—he did not use the word "curiosity" or "as a curious affair"—I should have recollected if he had said anything of the sort, and I am positive he did not, not at any time—Butcher and Manton were with me, they were in and about the room, not all the time—I believe they heard pretty much all that was said—he could not have said anything to the other officers that I did not hear.
Cross-examined by MR. FRANCIS. Before I read the warrant to Mrs. Snee I told her I had come to arrest her—she appeared startled and. a good deal alarmed and surprised—the letter marked A I received a day or two before 20th April—there is no date to it—the envelope is 23rd February
—all the other letters came into my possession at the same time, two or three days after they were in custody.
JOHN GORDON MANNERING . I am a surgeon, of 49, Brady Street, Bethnal Green—I know the prisoner Vance—I first became acquainted with him at the latter part of August last, I engaged him to assist me as my locum tenens, to take my practice while I was away for a few days—I understood that he had completed his curriculum and that he was preparing to go up for his M.D. examination some time early in the year—he was introduced to me through a medical agency—he acted for me very satisfactorily for ten days in August—he came to me again for a week at Christmas, he then acted as my assistant—he returned again on 22nd February for two days, on the 22nd and 23rd—I knew his address, 59, Euston Road—while he was with me he had access to my surgery and to the drugs in it, in the ordinary way—I have frequently seen him write—to the best of my belief this envelope marked B and the letter contained in it marked A are in his handwriting—my house was formerly No. 53, Brady Street, it is no 49. (Letter A read; "59, Euston Road, N.W., Wednesday. My dear Sir,—It occurs to me I may not have very clearly explained my suggested modus operandi; one thinks of many things pertinent after closing the letter for post. Referring to your note of 20th, I must say there is risk of discovery with whatever mode of death; for the registrar requires notice of 'cause of death' from medical attendant. Should this be not forthcoming, an inquest, and in all cases of sudden decease, an inquest. If a person die under unnatural or suspicious conditions and the matter hushed up and no inquest, this implies the distinct connivance of friends. But you desire to have your friend or friends ignorant of any premeditated design and no doctor called in attendance, under these circumstances there must ensue a coroner's inquiry. My plan is this: Sudden death allowed, or apparently suspicious death acknowledged, still a favourable verdict may be returned which in no way can invalidate a will made antecedent to death, probably many weeks. The peculiarity of my suggestion is that although the actual cause of death is found out, and that a narcotic, yet the verdict will be the most lenient, viz., 'By misadventure, or as it is phrased sometimes more specifically' The deceased was in the habit of taking chloral, and died from an overdose incautiously adminstered by himself.' I can arrange details to 'square' with this and submit them to you at our meeting, or on paper. If you like, chloral might be administered to a dog or cat or you might try yourself an ordinary dose, and be thereby cognisant of the bond fides of the agent. Upon mature consideration, I know of no more feasible method. The cases of the poisoners, Pritchard and Palmer, both doctors were ingenous, yet they were detected. They lived before these chloral times. As an anatomist and medical jurist, I altogether frown on any attempt to excite arterial rupture, &c., and am willing to adduce reasons. I would desire this for several reasons (a) to get rid of the affair, have it off my mind, which is natural and necessary; (b) I am expecting to be summoned to Liverpool any of these days to meet my brother-in-law, returning in a sailing vessel from San Francisco; (c) a cousin of mine, en route for Hamburg, is coming to 59, Euston Road, to stay a few days, and if I be not at Liverpool next Tuesday I want to be at his service. I write this letter at 53, Brady Street, Bethnal Green, E., where I am since yesterday doing full duty for Surgeon Mannering. We have a surgery here and I have access to the drugs, bottles, and labels, &c. I return to Euston Road to-night and will have a supply of the drug. If you adopt my
theory we might arrange to meet, and then take leave of the subject. You can select your own fit time. Expecting a reply.—Believe me, Sir, in confidence, yrs., W. K. V.—M. Q." I also believe this letter of 12th April, 1876, with the initials W. K. V. to be in Vance's writing, also this letter of Thursday, 12.30 at noon, in the same envelope marked F. (These letters were read as follows: Envelope addressed"To be called for, M. V., 149, Kentish Town Road, Post-office, N.W. April 9. Dear Sir,—I cannot thank you enough for the admirable way in which you have managed everything. My niece knows nothing of your being a medical man. I have given her to understand you are something of a virtuoso, and that the box contained impressions from antique seals, also that I owe you a great deal of money. I am inclined to think that the chloral will be perfectly satisfactory. I should like to know if there is any likelihood of its strength evaporating, especially in the corked bottle It is possible that this may get somewhat wasted with sniffing and experimenting, and that a further supply may be necessary, but I will, try not. Supposing I do not give the dog his, a portion of it diluted would, I suppose, do for me in every sense of the term. Is a portion of it equal to six teaspoons full of the labelled bottle quite certain in its effect? If you can assure me of this I shall not want any other me-diam, except, perhaps, a drop or two of prussic acid in a tiny phial in case of failure with the dog-; but that I can let you-know. I think I had better get a little oil of peppermint at any ordinary chemist's. Tell me what quantity will suffice. I shall be in the City early to-morrow, and will post your fee whole, after drawing it out. I do not think there is any danger, and you will want it for your holiday, perhaps. Don't forget the bill. I can trust my niece to see it paid, but you may have to wait six months after the event. This lovely weather has given me great desire to see one particular spot of country in the North for the last time. I think I shall start on Tuesday afternoon and give myself a week's holiday. This may defer the event till Easter Tuesday or Wednesday, but cannot make much difference to you. Tell me in your next if the Euston Road address is good for six months.—Yours most faithfully, Wm. Quarll. In what way is alcohol a poison? I have somewhere met with the following passage: 'Arsenic will not destroy life so quickly asalcohol, for the former has to decompose the structure of the stomach, whereas alcohol directly assails the principle of life in the nervous system." "59, Euston Road, N.W., 12/4/76. Dear Sir,—I notified to P.O., K. T. Rd. (149), that I received your letter, Monday. But I feared to reply to the old place lest you thought of changing your address. I hope this may not cause unpleasant delay. The prussie acid is quite ready for post, and as for the essence of peppermint, you will find some three or four drops suffice to flavour, and neutralise odour. Alcohol kills like chloral—both are narcotic, they induce sleep and simulate apoplexy. Sometimes apoplectic folks lying in the street are taken for dead drunk. My full name is William Kingston Vance. Let my address remain, 59, Euston Road, N.W. If you keep the solutions corked carefully they evaporate little. The dog's portion would do you, the full half of it is sure to be effectual. Your own share is diluted, and doubly so, for having found that the fluid rushed about in the bottle (filled more than half) and made a noise when the packet for your niece was shaken, I filled up the bottle with water. Let the label remain, but (should you use your own solution) take two good tablespoons. It might be a good plan, having abstracted your dose, before swallowing, to pour in some clear water, but not to the extent of filling, for if the solution were found very strong and
undiluted, suspicion were aroused. You understand you may employ either bottle. If the smaller, abstract a full half, and then pour in a little water. If the larger, abstract two tablespoonfuls, then pour in a little water, Whichever bottle you use. throw the other away, and let the bottle you employ be left on the mantelpiece or table, not hard by the bed. Let no specimen of my writing, save that relating to debt, be found; and let all around you remain in usual condition, to imply absence of design. The entire affair is to show prima facie accident." "April 13th, 1876. Dear Sir,—The vile weather on Monday, and a sharp attack of rheumatism prevented my visit to the City, or to K. T. until this morning. There I found your card. Please reply to, and return last letter (also this) to M. V. 149, K. T. Road. I have deferred my week's visit to my native place until the weather is more propitious. The remittance only awaits your further advice. Do you wish it sent to Euston Road? I missed your letters much, Can't you tell me about the alcohol, and draw out the bill I spoke of to you?—Yours faithfully, William Quarll." "Thursday, 12.30 o'clock, noon. Yours received. I will go with this to Kentish Town Road, 149, and drop it in immediately. I am anxious to have remittance to-day. Bank holiday to-morrow. Can you send by some trusty person to me at this address I You might wire if you think proper. I should so like the money directly. I shall write again and enclose bill, and send the prussic acid—Very truly, W. K, V.") This envelope marked G and the letter contained in it I also believe to be in Vance's writing. (Read: "Will be called for." Envelope addressed M. V, Post-office, 149, Kentish Town Road, 59.13/4/76. My dear Sir,—I had expected you would have received with the card written Monday my little letter penned last evening. This last, as the former, simply explains delay on my part. You did not renew address, so I feared to risk any more letters, left at a post-office 'to be called for,' after the history of the first batch. You will agree this is a natural scruple. I thought I had given you to understand that my address remains as now. If better I can make my address, Care of Dr. Fuller, Oswestry, Co. Salop, or Dublin. For I only came to England three years ago, and only came to town six months back. If any hubbub were excited about my 70l. it would be unpleasant if I made out a bill dated five years back, and if it turned out I but lately came to England, and that I'm so young in the profession. Why not let it stand so; the 70l. is a loan from me to you. The sum lent, say in 1874, when I was in Oswestry, or 1875, when I was in Guernsey. You might in your will, and the body of it, direct the loan of 70l. to be returned without interest as soon as executors have paid immediate debts, or within six months. I might hold in your own writing a promissory note, and a letter alluding to the transaction, and among your papers a letter of mine might appear showing evidence of a loan. I fancy this plan is better than the bill. A 70l. medical bill would imply attendance on a long and tedious illness, of which there would be no evidence, and no evidence certainly to connect me with you as attendant. I presume you mean a medical bill. If you mean a trader's account—well, I have never had any trade association. But I might appear as a private lender. Will you think over this, and say what you consider advisable. I might hold a receipt of payment of some 10l. of the assured loan, or the loan might stand at 100l., of which 30l. have been paid, and of which the remaining 70l. is to be paid with all other various claims. As you defer holiday (and I regret this unpropitious weather, and your consequent rheumatism), there is space to communicate on this matter. On
receipt of yours this morning I forthwith replied, and enclosed your last two letters. I asked you to oblige by remitting your favour as soon as convenient. Indeed, I should have been off again to-day but for the delay in this matter. I returned from the Black Country on Wednesday morning, to be on the spot, and give the affair earnest consideration. I shall be off as soon as I again hear from you. Kindly return all entire, and believe me very sincerely, W. K. V.") This envelope marked H, and the letter enclosed are also I believe in the handwriting of Vance. (Read: Envelope endorsed "M. V., 149, P. 0., Kentish Town Road." Letter"59, Euston Road, N.W. Sabbath. My dear Sir,—When you go to 149 for your letters (if you have not gone already), you Trill find I have been diligent in explanation since receiving your last, which assured me of your address. I hope you are satisfied with my reply. I trust your attack of rheumatism is fully passed over, and that you can now enjoy a holiday. I have spent only a fraction of a holiday. I had an agreeable evening in the Black Country Tuesday, but returned to town principally at the instance of our mutual affair. I could hardly enjoy a trip with this matter hanging over me. I had hoped for a letter Saturday. I suppose there will be no delivery to-morrow (Monday) morning. But surely I shall have an answer by early Tuesday morning. I think the 50l. note carefully addressed to 59 is quite safe, we can trust to the theory of probabilities. If you reply Tuesday early, I might get off to Wales Tuesday afternoon. I, of course, will furnish you with my address there, and be happy still to answer any letters from you. I expect to be absent six or seven days, then to return to this private hotel, where I remain. It seems to me, should you desire to change place of letter receiving, there is the poste restante General Post Office and at Charing Cross. You could have an assumed name on the envelope I send you, and on giving name and place and where from expected, you immediately are handed a letter. I have the prussic acid packet ready, and will send it immediately on. Receipt of your next. What a pleasing change the weather has assumed.—Believe me, my dear sir, very cordially, W. K. V.") The address on the "Globe" newspaper of the 18th, is in the same writing, also this writing in the fold of the paper "V. Very anxious to hear from M. V., will not leave till he hears and has letters returned. The address on the envelope was "N. V., Postoffice, 149; Kentish Town Road, N.W."—some parts of this memorandum (produced) are like Vance's writing, some parts are not—the word "chloral" is very like it, I believe it to be his—the signature to this post-office order. is his.
Cross-examined by MR. COLLINS. I have considerable doubt as to the writing of this memorandum; if the word "chloral" had been put before me alone I should have said it was Vance's handwriting—I do believe it to be his—while he was with me he conducted himself entirely to my satisfaction on every occasion—I formed a very high opinion of him, if he thought of starting in practice and saw an opportunity of purchasing drugs cheaply he might do so—I think that would be a consideration with a man.
MARY JANE HAYES . I live at the Post-office, Junction Road, Kentish Town—my husband is the receiver—I know Mrs. Snee by sight—I have seen her at the post-office—she called about the commencement of March, for letters for M. Q.—I gave her some; I could not say how many—I do not remember this envelope (B), I saw it at Bow Street, not anywhere else to my knowledge—there were several envelopes remaining at the office for
some time at the beginning of the year—I cannot remember one in particular; I sent an envelope to the Dead letter office, about the end of March—we always keep letters a month—I remember its being returned from the Dead letter office, and sent back again—after that Mrs. Snee came for a letter—I don't know whether it was that one, but it was one that had been returned to the Dead letter office—she asked if there were any more letters and a letter was given to her; I don't know which letter it was—I don't know when it was; she said something about what the initials were, but not to me; I was busy at the time—she said the letter would be addressed "M. Q," or "W. Quarll"—I remember her coming to the office on 1st April, she inquired for letters that had been returned to the General Post Office—there were none for her at that time and she left—she came on the Monday or Tuesday and asked if the letters had been returned from the General Post Office, that she had written for them—I said they had not been returned yet—she said she would come again; she came again on Wednesday, the 5th—there was one letter for her then and that was given to her—she opened and read it—she said it was from the General Post Office, and it was all right, the letters were destroyed; she said on each occasion that her letters might be addressed M. Q., or W. Quarll—that was the last time I saw her; I think a post-card was—returned with the rest of the letters to the General Post Office.
Cross-examined by MR. FRANCIS. Our rule is to keep letters for a month, and then if they are not called for, send them to the Dead letter office—in pursuance of that rule I returned a letter about the end of March; I don't remember the day—I think Mrs. Snee first called at our office at the commencement of March; I don't remember the date, we have so many—she inquired if there were any letters addressed "M.Q."—if there had been any I should have given them to her—on two occasions she said the letters might be addressed "M.Q." or "W. Quarll"—on the last occasion but one the conversation was with my husband—I heard her ask for the letters; I am sure of that, because I was at the desk, and he was obliged to come to the desk to get the letter for her.
EMMA BROAD . I am a clerk in the post-office at Eversholt Street, Camden Town—I know the female prisoner; I believe I first saw her on 6th April—she came to the office and asked me for a money order—I gave her a requisition form; this is it (produced)—she asked me for the name of some place where it might be paid; I referred, and found there was no pay office there—she then said "It must be Welwyn, then"—I referred, and found there was a pay office there—she said "Oh, I am sure there is an office there, because my friend is doctor to the parish," or "doctor to the union," I can't remember which—she then filled up this form; I saw her write it—it is dated 6th April; it is "No. 4,817, for 2l. 2s., payable at Welwyn, Herts, to William K. Vance; sent by W. Quarll, of 20, Denbigh Street, Pimlico"—she wrote that out and left it with me—I then prepared this post-office order in accordance with the requisition form, and gave it to her—I made out the ordinary advice note and sent it down to Welwyn. (The post-office order bore the signature "William K. Vance" as the payee.) After she left with the post-office order, Manton the police-officer came in and spoke to me about what had occurred—I saw her leave the office one day after that, but I could not tell if I served her.
from twelve to twenty times—she first came about the first part of February for letters addressed to "'Q.W."—I do not remember whether she got any on the first occasion—she came again, and asked-for letters addressed "Q.W." or "M. V.;" she did not ask for both, but sometimes she would ask for "M.V." and sometimes "Q.W."—I could not say how many letters she had—I gave her letters from time to time so addressed—the last time she called was about five weeks ago, about a fortnight before I went before the Magistrate—these three envelopes (produced) were delivered at our office in the ordinary course; I kept them about a fortnight, and then gave them up to a Post Office official who called for them, I believe on the Saturday before I was examined before the Magistrate—I remember Mr. Payne, the solicitor, calling for them on that Saturday; I refused to give them up to him.
Cross-examined by MR. FRANCIS. The last time Mrs. Snee called was about six days before these letters came to the office.
JOHN ROBINSON MANTON (Detective Sergeant). I received instructions to watch the post-office in the Junction Road—on 1st April I saw the female prisoner go there—when she left I followed her to the post-office, 149, Kentish Town Road; she went in there and received several letters—she afterwards went to 48, Crowndale Road—I next saw her on 5th April leave 48, Crowndale Road and go by tram to the Junction Road, Kentish Town—she went into the post-office there and received a letter; she then went to 149, Kentish Town Road and received three letters, and then went home to 48, Crowndale Road—next morning, the 6th, I again saw her leave that house and go to the post-office in Eversholt Street, Camden Town—I saw her come out—I went in at once and spoke to Miss Broad, who showed me the post-office form that had been filled up.
Cross-examined by MR. FRANCIS. All these post-offices are open shops into which customers go—it was daylight on each occasion—there were people about, but I could see distinctly what she received by looking through the window—there were people in the shops who I imagine might hear what she inquired for.
ELIZABETH BRAND . I am assistant postmistress—at Welwyn, Herts—I know the prisoner Vance—last month he was assistant to Dr. Kyte, of Welwyn—he came to the post-office and presented this post-office order—I asked him who the remitter was; he said Quarll—he brought the order ready signed—I paid him the two guineas and stamped the order "7th April, 1876."
WILLIAM JAMES . I am assistant to Messrs. Corbyn, chemists, of 300, High Holborn—on 8th April last I remember a person coming to our shop—I could not say whether Vance is the person or not—he wrote out this memorandum in my presence, and I supplied him with an ounce bottle of liquid chloral—this bottle produced is a retail bottle with a wholesale label upon it—we never supply things of this sort in the retail; it was a wholesale transaction supplied in a retail bottle—that was not on account of supposing him to be a medical man, but on account of the wholesale department being closed on Saturday afternoons—I charged medical price for it—this is the bottle I supplied.
Cross-examined by MR. COLLINS. We should hare 2,000 bottles of this sort, I should think, in our establishment—we have a great many assistants—it is a usual retail bottle, but it has the wholesale label upon it—we have some thousands of the same sort of labels—to the belt of my belief
this is the bottle I supplied—we do not supply it over the retail counter at all—the gentleman had been accustomed to get things from the wholesale department and that was the reason I supplied him, by his giving the written order—I should not have supplied him unless he was a medical man—I should not always supply a medical man with a similar bottle and label if the wholesale establishment was closed; there would be some little difficulty perhaps in finding a label, I had to go to the wholesale department for it—the retail assistants do not know the wholesale department; I did on this occasion—I have been two years with Messrs. Corbyn; there are other assistants who have been there longer—they know as much of the wholesale department as I do.
Re-examined. This bottle with the description upon it corresponds with the order produced; there is no writing on it, it is a printed label—the memorandum is "Please supply one oz. liquid choloral, I grain equal to 1 minim. W. Bennett, Temple Gate, Leeds"—on the bottle is "Liquid chloral hydrate, each minim contains I grain of pure chloral hydrate. Dose, 10 to 60 minims. Corbyn and Co., 300, Holborn"—we do not sell this particular kind of chloral over the retail counter—it is generally supplied hi the form of syrup—we have a large consumption of chloral—it is never supplied in this form except to surgeons and medical men—it is commonly supplied to them; it is very convenient for their use; it saves them weighing the chloral salt—we supply it of a certain strength, so that they can use it when they want it.
NEWTON SMITH . I am a clerk in the advertisement department of the "Daily Telegraph"—on the 16th February this draft advertisement was brought to the office for the purpose of being inserted—the price was 4s.—I have entry of it in this book—I do not remember who brought it—it appeared on the 18th.
MARY KEELEY . I am the wife of Henry Keeley and keep the Bell Hotel, 59, Euston Road—it is a private hotel—the prisoner Vance lodged there—he came on 3rd August and stayed till 21st December, 1875—he came again on Saturday, 5th February, and stayed till 4th 'March, 1876, he came again on 9th April and stayed till he was taken into custody——I knew that he was a medical student—we have envelopes at our hotel for the use of our customers with a stamp on them, similar to that upon the envelopes produced, marked F and G.
Cross-examined by MR. COLLINS. We always had the highest opinion of him; he always behaved as a gentleman, and was most kind.
MILDRED ALICE THORNTON . I am the wife of James Thornton, of 48, Crowndale Road, Camden Town—we let lodgings—Mrs. Snee and her husband came to lodge with us some time in November, 1875, and they have lodged there ever since—they have a little boy named Freddy; he is now at school—he was once at our house with his parents—Miss Elizabeth Mary Snee, a sister of Mr. Snee, used to come and visit them almost every day—she stayed in the house at one time for two or three nights, I think—Mr. Snee was a traveller, and used to go away a good deal—about 15th February last he left to go on one of his journeys, and Mrs. Snee continued to lodge with me—he came home a few days after she was arrested—after Mr. Snee went on his journey Miss Snee came to stay at the house some short time; three or four days, I think; but she called almost every day—she and Mrs. Snee were very friendly for aught I know; they used to go out together—I have not seen the little boy since a little after
Christmas—there was no one living at our house of the name of Quarll; I know nothing of any such person—the Snees had the second floor—I don't know whether Mrs. Snee read a good deal—she appeared to go out every day almost—I believe she was fond of music—I don't know whether she wrote much; I never posted any letters for her—I have not seen her write; I don't know her writing—she has written one letter to me; I have not got it—I heard that she kept a diary; I did not see it—I know nothing of Vance—Mrs. Snee had three cats, no dog—I gave her a cat; that was one of the three—they were all alive when she was arrested—I heard that one of them was not well; I did not see it—Mrs. Snee told me it was not well; I think she said it had been sick—I don't know how long that was after her husband had gone away—it was quite a young cat, a kitten—I can't tell how long she had had that kitten before she said it had been sick—she brought it home with her one day; she did not tell me where she had got it—it was not the kitten I had given to her—at the time her husband, went away she had one cat; that was the one I gave her, a kitten—after the. husband left she-got two other kittens; it was one of those two she said had been ill—I think she sometimes suffered a good deal of pain; I don't know where; she complained of feeling poorly; I don't think it lasted long—they had one bed-room and two sitting-rooms, and their own furniture.
Cross-examined by MR. FRANCIS. The three kittens were very young—I think I gave her one somewhere about Christmas time—I had rather an objection to so many kittens being kept—I don't know when she had the second one, or the third—we both thought the kitten was sick in consequence of its being brought away from the mother so young—that kitten is alive now—she was very fond of it—one was lost on one occasion, and she showed a good deal of distress about it—her husband came back in consequence of her being arrested—I did not make inquiries about them when they took the lodging—he travels abroad for Bass & Co. the great brewers.
Re-examined. I think it was about a month before her husband came home that the kitten was ill.
MATTHEW HARE . Last April I lived at 20, Denbigh Place, Pimlico—the landlady of the house had been away some time, and I had the management of it—I know of no person named William Quarll living there—I do not know either of the prisoners.
THOMAS BOND . I practice at 50, Parliament Street, I am a Fellow of the Royal College of Surgeons and Lecturer on Forensic Medicine at the Westminster Hospital—on 25th April, I received from Inspector Clarke, a quantity of drugs, amongst them a bottle of Corbyn's that has been produced—I could tell by the smell that it had contained chloral—liquid chloral, if taken in a strong dose is destructive to life—I should say a full ounce was quite certain to destroy life—this bottle would contain equivalent to I oz. of solid chloral—to the best of my judgment and knowledge the half of it would cause death—the effect of a fatal dose of chloral is that the patient passes away and leave no trace of having been poisoned, beyond the symptoms of. coma and great sleep; we should not find anything upon a post-mortem examination to communicate the precise nature of the thing which had caused death, except by an analysis of the" contents of the stomach, then it would be possible, if we analysed recently, by distillation to get the volatile particles of chloral which would be the same were it, either chloral or chloroform; it is very quickly absorbed, it would be impossible to find it except upon a very complete examination,. shortly
after death—in the box that was brought to me I found some prussic acid in these two bottles—here is 1oz. sold in a wholesale condition, and 6 drachms in an unlabelled bottle—I have tested it, this is the dilute prussic acid of the British Pharmacopoeia, from four or five minims to a drachm of that would cause death—here are 8 drachms and 6 drachms, fourteen altogether—a smaller quantity than a drachm might produce death, but a drachm might certainly—there is enough in these two bottles to kill fourteen people—I found no chloral except the empty bottle—there were 46 grains of strychnine—from half a grain to a grain of strychnine is poisonous, a grain certainly would be fatal—it would not be sold to the public in this form, the medical preparations of strychnine are made from that—I also found 2 drachms 25 grains of bi-chloride of mercury, corrosive sublimate, that is a deadly poison; from 2 or 3 to 5 grains would cause death, even less, say from 2 to 5 or 10 grains—I also found a large quantity of laudanum, a bottle of powdered opium, morphia and tincture of bella donna, those are all poisonous, more or less.
Cross-examined by MR. COLLINS. I have no list of the drugs that were given to me; I have them at my house, they are ordinary common drugs, a large quantity—I picked out the poisons from a very large quantity of drugs—each of these poisons carefully and properly administered are such as medical men employ continually—there were forty or fifty different kinds of drugs in quantities, varying from a few grains to a considerable quantity—it would fill three or four sheets of foolscap to enumerate them, they were simple kinds of drugs.
JOHN PATNE . I am acting as Mrs. Snee's attorney—I went to the postoffice, 149, Kentish Town Road, to call for some letters—I was instructed on her behalf on the Saturday morn ing after the first remand—I went for the letters immediately afterwards—I have known her a good many years—I believe this (the advertisement) is her handwriting. (Read: "To medical men in need of money, or students well up in chemistry and anatomy. A gentleman engaged in an interesting experiment is willing to give liberal remuneration for professional assistance, Q. W., Post Office, Junction Road, Kentish Town, N.W." I believe this letter marked E to be her writing. (This was dated 30th March, signed William Quarll, addressed to the postmaster requesting that any letters addressed to M. Q. might be returned to the Post Office, Kentish Town.) This letter (D) I believe to be her writing. (This was dated April 4th, 1876, signed William Quarll, addressed to the Postmaster-General requesting the return of letters addressed to "Q. W." or "M. Q") Two extracts from the diary were read as follows: "Tuesday, 25th January, Fred has conducted himself most grossly in company with Charley and Ben Pearson—compelled to retaliate; I made a vow, I mean to keep it, he made a promise, will he keep it? time will show." "15th February. Fred went to Rottermam."
MR. FRANCIS submitted that the counts charging the statutable misdemeanour of conspiring to kill and murder Ellen Snee could not be supported; the section of the statute (24 and 25 Vic, c. 100, sec. 4) evidently being intended to apply to a conspiracy to murder a third person, and not one of the parties charged, and there being no sufficient evidence to justify such a finding. He further urged (on the authority of "Reg. v. Burgess," Lee and Cave, p. 258) that an attempt to commit suicide was not an attempt to commit murder, and would only be a common law misdemeanour. As to the fifth count, charging a conspiracy that Ellen Snee should murder herself, and that Vance should said,
abet, and assist her; in order to constitute a principal in the second degree, it was necessary that there should be an actual or constructive presence; that there was no such evidence here, and, therefore, that count must fail. MR. HORACE AVORY referred to a passage in" East's Pleas of the Crown," where a distinction appeared to be drawn between suicide and murder. THE SOLICITOR-GENERAL admitted that if the indictment were not for conspiracy he might be induced to yield to the argument advanced; but, in looking at the peculiar language of the section, the first branch of it was absolute and unqualified, "All. persons who shall conspire to murder any person? It was only in the second branch that the word "other" occurred. With respect to the other objection, it was for the fury to say what the real nature of the conspiracy was; the evidence was sufficient to warrant a general finding, which might apply to the intent to murder a person unknown, and the sixth count charged the offence in thai form. Referring to" Hale's Pleas of the CROWN" and" Jervis on Coroners" as an answer to the distinction attempted to be drawn between suicide and murder, he drew attention to" Reg. v. Burgees " as a case decided under a different section (the 15th), and the decision there was that that section did not apply to an attempt to commit self-murder. Mr. JUSTICE MELLOR (after consulting MR. BARON CLEASRY) was of opinion that the 4th section applied to a conspiracy to murder a third person, and not one of the parties charged. As to the—seamd count, charging the common law offence, he should hold, for the purpose of to-day, that it sufficiently alleged the offenee. The other objections were on the record, and, if necessary, might be taken before a Court of Error.
Vance received an excellent character.
VANCE— GUILTY — Eighteen Months' Imprisonment.
SNEE— GUILTY — Six Months' Imprisonment.
The Jury recommended both prisoners to mercy, Vance on account of his good character, and Snee on account of her frequent illness and the absence of her husband.
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution; and MR. M. WILLIAMS the Defence.
NOT GUILTY .
NEW COURT.—Thursday, June 1st, 1876.
Before Mr. Baron Cleasby.
MR. LEWIS conducted the Prosecution; and MR. COOPER the Defence.
GUILTY of the attempt — Five years' Penal Servitude.
MR. GILL conducted the Prosecution.
GUILTY — Penal Servitude for Life.
(For other cases tried this day see Surrey Gases).
THIRD COURT.—Thursday, June 1st, 1876.
(For cases tried this day see Surrey Cases).
FOURTH COURT.—Thursday, June 1st, 1876.
Before Mr. Recorder.
MR. PURCELL conducted the Prosecution.
DANIEL O' BRIEN . I lodge at the Shamrock, Brook Street, Ratcliffe—on 3rd May, at 12.15, I met the prisoner in School House Street with another man—they took me down School House Lane, and wanted to give me a cup of coffee; they tied me down and the prisoner got his hands over my shoulder and took two 3d. pieces out of my pocket, and a scarf from my neck he held me tight by the throat—the other man came, and they took what I had; they went down the back lane and I met a constable in Brook Street.
Cross-examined by the Prisoner. You held me like this, you had my hand over my shoulder—I did not say at Arbour Square it was a sixpence you took—you did not want some beer, it was me you wanted—you went over to a beer shop and asked for half a gallon.
LEONARD BAILEY (Policeman K 636). On the morning of 3rd May, the prosecutor complained to me and went down the lane to show me where the robbery was committed and he described the two men—I told him to go home and if I saw anything of them I would take them in custody—he got into Brook Street, I followed him up and saw two men come down Stepney Causeway—the prisoner was about 40 yards from me then—I saw another constable in front—I thought the men answered the description the prosecutor gave me—two females came to the other constable, I believe, and complained—the prosecutor sung out directly "Those are the two men that assaulted and robbed me"—the other man ran down School House Lane—this man was running away and I held out my arm and stopped him—he said "That man gone down School House Lane, I haven't seen him before"—he said going to the station "I met the man in the Horseferry Branch Road."
GUILTY . He was further charged with having been convicted of felony, at Clerkenwell, in February, 1873, to which he
PLEADED GUILTY— Twelve Months' Imprisonment.
ROCHESTER PLEADED GUILTY .
MR. STRAIGHT conducted the Prosecution; and MR. BESLEY Defended Edwards.
CHARLES ROCHESTER (The Prisoner). I have pleaded guilty to stealing these things from my master, namely, combs, Alberts, spectacles, chains, and solitaires—I have known Edwards for some time, first with seeing him up and down Hounsditch—I have been in Hounsditch some years now, and originally carried on business there about four years since in fancy toys and had a shop—Edwards did not came to that shop; I knew him then—I have been in the prosecutors' employ about three years—that black bag that I was carrying was Edwards'; he handed it to me outside the coffee house on 18th May, at about 3.30 in the day—all these goods were in it at the time—I sold them to him in the coffee-house; not all on that day—the goods that were in the bag were the proceeds of about nine days—the other goods I had brought to him about a week before—he gave me 5l. for the whole of those that were in the bag, and he paid some on the 18th when I gave him the last lot, and he had got the black bag with him then, and I saw him put them in the black bag, and he brought the bag outside the coffee house and handed it to me because we could not agree about the price—he wanted me to take 5s. off the 5l., and I would not, and he gave me the bag to take away altogether—I walked away with it
and he ran after me and said he would give me the 5l., which he did, and I handed him the bag—he asked me questions about where I got the goods—he knew where I was employed—he used to buy goods there, and he had seen me there acting as salesman—I used to serve him with the same sort of goods as those I sold to him—I should know the price of such things—the police came to me at my master's premises and took me in custody.
Cross-examined. Hancock the officer was there, and I began to cry and told my master about my having taken a little business and asked that I should be allowed to speak to him quite alone, and Hancock the officer left the room—I said "Please think of my wife and little baby"—I didn't know that Edwards was married—my master said I had better make a clean breast of it and he would do what he could for me, and I said I would tell the truth; he asked me how long this had been going on and to what extent, I said "I have taken a little business, and for the last two or three weeks I have been taking a few things," and he said "There was that parcel done up on the counter"—I used to put the goods up and leave them on the counter to carry away, and I told him I used to carry them out—I have known Edwards by sight for about three or four years—I once lived at No. 10, Gordon Cottages, New Cross Road, Kent—in September, 1872, I was carrying on business in Hounsditch and living at that address—I described myself as a toy merchant—a bill of sale was given by me in favour of Mr. Thomas Laws, in which I was described as carrying on business—in January, 1873, a Mr. John Morrison was going to take the profits out of the business in respect of 250l.—that was not a bill of sale—I was living at 15, Grafton Street, Mile End Road, then, and carrying on business at Hounsditch in partnership with Mr. Hughes—we gave some security for that 250l. to Mr. Morrison—he was not a relation of mine—I dealt in fancy pipes as well as other things, and I sold a job lot to Edwards for 30l.—that was my first transaction with him and he paid me the money—sometimes in selling a job lot we give a receipt and sometimes we don't—I don't remember a transaction of 15l.—I did not frequent sale rooms in Whitechapel—I remember a sale of Messrs. Harwitz and Son's stock in Bishopsgate Street—I was not there—I had frequented the coffee-shop for more than four or five years—the pipes were not sold at the coffee-shop, I used to see the. prisoner at the same coffee-shop—I did not remain there for more than an hour at a time—I went at all hours of the day—I had not had the little business a week when this happened—it was a different Hue of business altogether—I told Edwards I was letting out traps in the livery stable line, and if he saw a wagonette at a sale cheap, he was to tell me—I have on some occasions been present at Whyte & Ridsdale's when Mr. Ridsdale has sold goods to Edwards—I remember his selling him a job lot—I didn't see any receipt given; I cannot say—it was the practice to give invoices and receipts cut in a particular form when discount was to be allowed—they were called gusset shape, and they were given when cash payments for goods came up to a certain sum—it was done by cutting a piece out of the invoice—another shopman was there besides me—Mr. Allam and I were present behind the counter when he sold articles to Edwards—there was 28l. and two coins taken from me; only—5l. was given to me by Edwards—I believe Mr. Hughes is still carrying on business, not in Hounsditch, but still at the east end of the town.
Re-examined. The sale of the job lot of pipes was when I was in business for myself, about 1873—I delivered the whole lot to him at one time—he
came for them to my place of business—my uncle took my business—when I told Edwards about setting up in the stable line I had done something towards starting, I had settled the business and was going to begin—that was a about a week before I was taken into custody—I delivered the things to Edwards as I took them from my master, and he paid for them in a lamp.
HENRY TAYLOR (City Detective Officer). On 17th May I received instructions from Sergeant Hancock, in consequence of which, on the 18th, I watched the prosecutor's premises—I saw Rochester leave the premises and followed him to the coffee-house, 126, Whitechapel Road—he left home at about 2.40—he went in and he left there about 3.55 carrying the bag, and I saw Edwards immediately afterwards come up to him, and some conversation took place between them—they separated; Rochester turned towards Whitechapel and Edwards went on towards the City—Rochester returned and met Edwards in Church Row, Aldgate, where I saw him pass this bag—I knew where I could find Rochester, and followed Edwards—I told him I was a police-officer and asked him what he had in the bag—he said "I will show you"—he then took a key out and opened the bag, which contained watch chains, purses, and such-like; and I said "Where did you get them from?"—he said "I bought them at various houses in the City where I deal"—I asked him to show me the invoices—he said "I have none"—I then took him into custody—I told him I should charge him with receiving them from a man, well knowing them to be stolen—on the way to the station he constantly said "For God's sake! do let me go; don't lock me up"—I went with Hancock and took Rochester in custody—he was brought back and confronted with Edwards—this is the bag and the property in it—it was shown to Mr. Whyte, who identified it.
Cross-examined. Edwards had 6s. on him and a paste brooch and diamonds.
EDWARD HANCOCK (City Detective Officer). I found Edwards in custody at the station—I told him I was a detective officer and wanted to know the contents of the parcel at his feet—he said it was chains and other things—I asked him where he got them from—he said "From a man who was formerly in business in Hounsditch but not in business there now"—I then said "I am going to bring in Rochester—he said "That is the man I had them from"—I brought Rochester to the station—the purses were not in tissue paper, but scattered loosely about the bag—some things were in tissue paper, but the majority were scattered about the bag—there were nine dozen ivory combs, three purses, two dozen plated Alberts, one dozen more Alberts, one dozen solitaires, half a dozen pencil cases, six packets of charm knives, half a dozen of lockets, one dozen spectacles, one dozen neck chains, and half dozen nickel guard chains.
Cross-examined. Referring to the packet at his feet he did not say "They are chains and other things that I have just bought of a man who was in business in Hounsditch but not now"—I believe the value of the articles is almost 12l.; they are all common articles—I don't think any of the spectacles are gold—those are small tooth-combs.
By THE COURT. The ether prisoner does not carry on business anywhere—he had only lived in his private resilience about three weeks—I asked him for his address, which ho gave me, and I went there.
the sense of giving raw material out to persons whom we employ—Rochester was in our employ about three years—I have see Edmunds coming about our place—on 17th May a parcel lying on the counter was reported to me, and in consequence of what I observed I communicated with the police at Old Jewry, and on the afternoon of the 18th the police came to our warehouse, and a conversation took place between me and Rochester and the police—I was afterwards shown that black bag with the various articles taken-out of it—I have examined the articles and identify them as my property—they are new—there value is about 12l.—we have a private mark on our goods—each of these parcels in my hand bears my private mark and some others.
Cross-examined. We buy these wholesale; we might buy these Alberts by the gross—I suppose the price would be about 16s. per dozen—there are two dozen plated Alberts, which cost about 16s. a dozen; they vary from a higher price, about 30s.—we do not buy these goods in job lots; they are rarely brought round and offered under price for cash—the wholesale price of these spectacles is about 5s. 6d. a dozen—there is one dozen of them, I believe; three and a half dozen Alberts altogether—these solitaires, I believe, are about 11s. or 11s. 6d. a dozen—there is no silver about them; they are common goods—there are one dozen solitaires, I think; a quarter dozen purses, about 3s. 4d. each—packet No. 61 is combs, marked at 5s. 9d. per dozen, giving a small profit—the highest thing here is No. 155, not marked, but about 1l. 1s. or 25s. per dozen—I have three and a half dozen here at 8s., or under—the others are not marked—there are sundry other articles—these are aluminium; these are charm knives, sold for 2s. 6d. or 2s. 3d. the card, wholesale—when I give 12l. as the value, that is the selling price.
The prisoners received good characters, and Rochester was recommended to mercy by the prosecutors.
ROCHESTER— Nine Months' Imprisonment.
EDWARDS— Twelve Months' Imprisonment.
MR. DIXON conducted the Prosecution; and MR. WILLIAMS the Defence.
WILLIAM THOMAS WILSON . I live at Baldwin Street, and am a shape'maker—on 16th May I was in the City Road with a man named Williams—the prisoner came by in a trap, and Williams hailed him, and we went into a public-house, and I drank with the prisoner and Williams—Williams left then, and I went with the prisoner in his trap—we stopped at East Road, at the Prince of Wales—the prisoner offered to drive me to Leytonstone, and I accepted the offer and went with him—on the road two men were hailed that I knew nothing of, and we went into the Belgrave Arms—there some liquor was called for, and the prisoner and the other two men began quarrelling—one of the men said "You have got a b——lot to say about it," and put his arm under my chin—I had taken no part in it before, and the prisoner put his hand into, my pocket—I took hold of his hand, and I said "Is that what you mean?" and I took hold of the man who had put his arm under my chin with my left hand—the prisoner or a little dark man who is not in custody, I cannot tell which, said "We mean having it; you had better let go"—I struggled with them as well as I coul'd, and they kicked me about the legs until I had to let go—they all went away in the trap, I expect—I went to the station and gave information, and afterwards saw the prisoner in custody on the 18th—Mr. Titmus was present when I
identified him, and the prisoner said "Have mercy on me; think of my wife and children. I know you can transport me, but what good will that do you now?"—when I was going in to sign the charge he said I should put him away, "but so help me God it was the little dark man who had it"—that was the second admission he made.
Cross-examined. We had been into three houses; the first was in the City Road—that was before I saw the prisoner and his cart—I was in the company of Mr. Williams, who is a fishmonger—I had a little cold sherry-and-water; that was the first thing I had that day—we then went to the Prince of Wales in East Road—the prisoner was with me then, and he was the only one I was talking to; I didn't know anyone else—I was sober—the landlord of the Prince of Wales did not threaten to turn me out; there was no suggestion that I should leave the place—I was robbed at the Belgrave Arms—I was not drunk there; the landlord did not tell me to take care of myself and not show my money—there was a quart of stout-and-mild called for at the Belgrave Arms, and one glass consumed; in fact we hardly touched it—at the Prince of Wales we had cold sherry-and-water—I went into three public-houses—the first was the Fountain, where I had cold sherry-and-water, the second cold sherry-and-water, and the third, where I say the robbery was committed, there was a pot of stout-and-mild called for, which was not drunk—Mr. Williams and I had been together that morning to a parochial election at Radnor Street—I went to the Green Gate public-house with Williams, and I had 2d. of cold sherry there—that was about 11.30 a.m., as near as I can recollect—I do not usually begin at that time—I do not remember any other gate or sign—when I was at the Fountain with Williams, he saw the prisoner and his wife pass in the cart, and Williams hailed him—Williams did not go home with me—in the evening I called on him; we did not go to the prisoner's house or lodgings that night—we went to inquire what cart it was that the prisoner was in, so that we might try to find his lodgings—I admit I had had four 2d. worths of sherry-and-water—I was sober.
WILLIAM CANE (Policeman N 171). Mr. Wilson came to the policestation on Tuesday afternoon 16th May, at 5.10—his left hand trousers pocket was torn down at the side, his waistcoat unbuttoned and his starched shirt very much rumpled in front—he seemed as if he had been in a scuffle—his hat was all dusty and had evidently been thrown down on the floor—he said he had lost his money—he was excited, but he walked from the Belgrave public-house to the Dalston station, about half a mile, straight enough.
Cross-examined. He was perfectly sober.
THOMAS YOUNG (City Policeman 149). From information received I went to the prisoner's house and charged him with robbery with violence from the person, and stealing 17l. in gold—he said at firs tthat he knew nothing about it—he then said "It wasn't me took it; it was the little dark man"—I said "Why didn't you say so"—he said "It wouldn't benefit me to say that"—on our way to the station he said the same again.
WILLIAM THOMAS WILSON (re-examined) The words the prisoner used to me were not "I am innocent but for the sake of my wife and children don't give me into custody because on the evidence I may be transported;" but "I know you can transport me, what good can it do you now."
—that was the first thing I heard him say—then he said "So help me God, I know you can put me away but what good will that do you now; it was the little dark man who had it"—that is all I know of the affair.
Witnesses for the Defence.
JOHN WILLIAMS . I am a fishmonger of Baldwin Street, East Road, City Road, opposite the prosecutor—I went with him to a parochial election and after it was over we went to the Green Gate at the corner of Bear Street, City Road, and had something to drink—we also went to the Jolly Anglers, Bath Street, and then to Golding Lane Election Hall—they were voting for the parish—I had a vote, but I don't know what the vote was for—we went to several other public-houses—the prisoner came up with his wife in a cart—I daresay by thistime the prosecutor was rather the worse for liquor—we had been at it all day long from one house to another—I saw the cart come up and I asked the prisoner to have something to drink—he took the prosecutor into the cart; not at my request but I believe at the prosecutor's—my neighbour Mr. Wilson bid me good-bye—in the evening he met me somewhore, I don't knew where—he had more drink after he left me—I went with him into Whitecross Street—the prisoner is well known to me as a customer and I always took him to be a respectable man—I didn't know where he lived.
Cross-examined. I know I was the worse for liquor—I should imagine Wilson was about the same.
By THE COURT. I had been drinking with him at all these public houses in the course of the day—there were two elections; we were too late for one and in time for the other.
JOHN SPROWL . I keep the Prince of Wales, East Road, City Road—I remember the prosecutor coming into my house with the prisoner between 3 and 4 o'clock on a Tuesday—a horse and cart was at the door—they had some sherry-and-water—Wilson had certainly had a glass, but I didn't consider him drunk—he talked rather large—I called him to order and he was quiet then—there was a man there begging, and they larked with him—I know I must not serve a person when he has had too much to drink—I did not tell him he had had too much to drink because I didn't consider he had.
GUILTY — Six Month' Imprisonment.
MR. GILL conducted the Prosecution.
JOHN CARDUS . I am residing at the Midland Hotel—on the 20th May I was in the City Road—when I came to the corner of Nelson Street I felt a scatch at my breast and missed my watch and part of my chain—this piece (produced) remained—on getting to the corner of Nelson Passage I saw a man running; I gave chase—I recognised the prisoner by his slim appearance; I couldn't see his face—I followed him through Nelson Passage and George Street, and I called out "Stop thief!"—I could not catch him—the crowd impeded my progress, but they cried to me to run—I next saw him at the police-station—when I got to the station I told the inspector what had happened to me, and he wrote it down—I gave no description beyond that the man had on black clothes, and was of a slim figure, and wore a loose black tie—as he ran down the passage I could see the black ends of the tie floating over his shoulder—he had that tie on when I saw him at the station—the prisoner was brought in while I was at the station by the
policemen—there were more brought in, and a boy identified him after-wards.
Cross-examined by the Prisoner. Two boys were brought in—I don't think they said that you were very much like the man, but too tall—I don't remember that the policeman said anything—I don't remember his saying "Plenty of boys saw this done; I will go and fetch them"—you were placed between three or four men, perhaps a dozen; another boy was brought in—the boy that was first called said that you were like the man—the first two boys were sent away—the next boy picked you out of fifteen; he laid his hand on your shoulder—a Shoeblack was supposed to have seen the robbery; he was sent for—you were placed between three or four other men, and ho picked a man out that was not you, a man much shorter—I didn't see your hair; I only saw you with your hat on—I believe it was a billycock.
ALFRED LEE ANDERSON . I was in the City Road on this Saturday afternoon at 2.30—I saw Cardus walking along, and when he got close to Nelson Street I saw the prisoner make a snatch at his pocket, and run down Nelson Passage—I was sent for to the station, and picked him out of fifteen men.
Cross-examined. I said at the station that you looked very much like the man—there are plenty of other men like you in dress—you asked me three or four times before Mr. Hannay, and I said you were very much like the man—I say now I saw you do it because you are like him.
PERCY FIELDER . I live at 4, Whitmore Terraco, Hoxton—on Saturday afternoon, 20th May, I was standing at the comer of George Row, leading from the City Road, and saw the prisoner run very fast up Waterloo Street—a female asked me if I saw a man running that way, and then Mr. Cardus came up—on the Sunday I was sent for to the station, and on Monday morning I picked the prisoner out—I have no doubt he is the man I saw running.
Cross-examined. I picked you out of four or five—the inspector told me to go up and touch you, and I did so—I had no conversation with Cardus on Sunday morning; I didn't see him till Monday—I was told on Saturday that a man was in custody for this robbery when the policeman came to my house—after I saw you cross the street I told a constable that he had just lost a chance—I only knew the constable by sight; he knew where I lived when he was told.
ROBERT SNOOKS (Policeman G 300). At about 2.45 on Saturday, 20th May, I received information and ran up Ironmonger Row, and saw the prisoner join two other men—I apprehended him and told him I was going to take him in custody on suspicion of stealing a gentleman's watch in the City Road—I said "The description I have got corresponds, even with the hatband on your hat—Itookhim to the station—the boy Anderson identified him out of fifteen.
Cross-examined. I did not say you were wanted at Old Street at all—you said you had not been away from the City Road ten minutes, you said you had been playing billiards in the City Road at 2 o'clock—Wiltshire was one of the men with you when you were taken to the police station—I had to go back and fetch Anderson—I went out to a shoeblack and he gave a proper description—he did not pick you out; another officer was with me—when 63 G came up he did not say "No; that isn't the man"—I did not leave go of you till I got you inside the station—you were force to go because there were two of us.
Witness for the Defence.
CHARLES WILTSHIRE . I was with you from 9 o'clock in the morning till you were taken 'in charge, and we went and had a game of billiards in the City Road and came out about 3.30—I don't know the name of the public-house—a constable came up and took you in charge—G 63 said "That is not the man;" but constable 300 said "For having so much to say I will take you into custody"—you said to 300 "I will go up and see into this," and he said "I will take you there now for having so much to say"—I said "If you take the prisoner you must take me; I have been with him from 9 o'clock in the morning till this occurred"—he said "No, I wont take you; you can come if you like," and I went and fetched a man to the station from a public-house in the City Road.
Cross-examined by MR. GILL. I was with him all day, from 9 till after 3 o'clock we two were alone walking—the watch did not find its way into my hands at all—I have never given evidence before—I have never been in a witness-box before—I have never been in the Old Bailey before—I think I have been in this building before—it was not in the witness-box; it was in the dock, in 1873, for felony, for robbing my employer—I got two years—I have been thirteen or fourteen months out—I have been in the prisoner's company a good deal—I was never charged at a police-court with anything else—I am quite clear that when the constable came up to us we were alone.
By THE COURT. I have been at work since I was discharged; at Gurley's, Prince's Street, a public-house—I left there three years ago—I have been at another public-house and only stopped there a month because it did not suit me—I have been about two months out of employment.
ROBERT SNOOKS (re-examined). No. 63 is here—when he came up he did not say a word about the prisoner—I did not say to the prisoner that I was not going to take him into custody, but as he had so much to say I would take him and chance it—nothing of the kind.
GEORGE JOHN HAWKER (Policeman G 63). I saw the prisoner taking—I said "I am afraid we shall not be able to get him recognised, because there were so many there"—I did not know where to pitch upon the people to recognise him—Snooks said that he should take him in charge—I am sure he did not say that in consequence of the prisoner having so much to say he would take him in charge and chance it, or anything of the kind.
GUILTY **— Ten Years' Penal Servitude.
The Jury suggested that the witness Charles Wiltshire should be charged with purjury, in which the Court concurred and ordered him to be taken in custody.
OLD COURT.—Friday, June 2nd, 1876.
Before Mr. Recorder.
MR. BRINDLEY conducted the Prosecution; MR. MONTAGU WILLIAMS the Defence.
FREDERICK JOHN COXHEAD . I am a barge builder, of 273, Westferry Road, Millwall—on the morning of the 29th April I missed a stack of timber from a barge lying alongside my premises—it was safe over night—I also missed other property which was safe over night and which was worth from 18l. to 20l.—I missed the things the first thing on the Saturday
morning, and about 2 o'clock the same day I went to the prisoner's premises in company with George Reed—I saw some planks outside the house which were mine, and inside the house I saw a quantity of paints, oils, varnish, turps, nails, felt, and such like things used in the trade, which belonged to me—the value of the property inside the house which I claim was about 6l.—I said to Reed, in the prisoner's presence, "If this is my felt three pieces are perfect and one imperfect"—that was before I laid a hand on them—I also found three pieces of timber that I bad missed six weeks previous; I knew it by the initials on one piece, and the other was apiece I had cut myself—a portion of the property is here—the prisoner was present at the time I made the search with the constable.
Cross-examined. I said before the Magistrate "All the planks came from Mr. Lash, he supplies many large builders"—they are ordinary planks—I said that I recognised the paint by the tins, they are Fitzgerald's tins; they are used by many large builders—I identify one of the planks by its having been lined and marked out the night before for the men's working—mine are waterside premises, and the prisoner's also—he is a publican and a barge builder.
Re-examined. Those were the planks I saw outside the house, and one of the pieces I had missed six weeks before corresponded with one of those I missed that morning, it came from the same log; it compared in length and width, and in every way—I can speak to the cans of paint, one especially.
JAMES MILLS . I live at 8, Albert Place, East Greenwich, and am a barge builder in the prosecutor's employ—on this Saturday morning that the things were missed I went in search of them—I found some planks at the King and Queen Stairs, in the five footway in front of the prisoner's public-house, at 8 a.m., or it might be two or three minutes past—I went into the house and had something to drink, and I saw the prisoner take a can of green paint upstairs through the bar parlour, from the pothouse or kitchen that was alongside, I recognised it as my master's property—I saw cans of oil and nails standing in the corner in the lobby or kitchen, whichever they term it—I recognised them as the things I had missed—I have examined the things since and can speak to them as my master's property—I gave information first to the police at Rotherhithe and afterwards to my master.
Cross-examined. I was standing in front of the bar, drinking, when I saw the prisoner carrying the can of paint; he went into the kitchen and took it up the stairs through the bar parlour—I recognised it as my master's can by the outside of it; I did not see the inside—I saw at the top that it was green paint that I had missed—the nails were in the corner in bags; the oils were in cans—I did not see the inside, only the can?.
Re-examined. There was a mark on one can, "Fitzgerald's Green;" there was no private mark—I had used the paint, not from that can.
GEORGE REED (Thames Police Inspector-). On this Saturday I went with Detective Middleton to the prisoner's house; I saw him, and said "I am an inspector of police; are you Mr. Ireland?"—he said "Yes"—I said "Do these planks outside your door belong to you?"—he said "No"—I said "Do you know to whom they do belong?"—he said "No"—I said "Have you bought any tins of paint, or tins of oil, or bags of nails, to-day, from any person?"—he said "No"—I said "Have you received any from any
person to-day?"—he said "No"—I said "From whom did you receive those that you ordered to be taken upstairs this morning?"—he said "I have not ordered any to be taken upstairs to-day"—I said "A man was here and saw you and heard you order some paints and oil and bags of nails to be taken upstairs this morning; let me see what, you have got"—I then accompanied him to a room in the upper part of the house, where I saw a large quantity of nails, some in bags and some shot in bins, and one parcel lying on a sack on the floor; also a quantity of paints, oil, and white lead—I said "What are those?"—he said "They are things that I use in my trade"—I sent for the prosecutor and he came, and in the prisoner's presence he identified the things—he then said "There is some felt gone, four rolls; they are here somewhere"—I looked in another room and saw some felt, and I said "Here is some felt here"—he said "Then before I see them, if they are mine one is imperfect, and the others are perfect"—I then fetched them out from the room, and he identified them as his property—I said to the prisoner "How do you account for these?"—he said "They belong to me"—I said "Have you any receipt to show from whom you bought them?—he said "Yes," and went downstairs and brought up a receipt, and handed it to Middleton; the prosecutor examined it, and said "That does not relate to these rolls of felt;" the prisoner said "No; these rolls I got close handy here, and they have not been settled for yet." (This receipt was dated December, 1875.) I afterwards went into the prisoner's yard with him and the prosecutor, and there saw three oak planks; I then charged the prisoner with stealing these things; he said he could account for all the things he had.
GEORGE COMPTON . I work for the prosecutor—I went after him to the prisoner's place, and found him there—I was shown a can of white paint, which I can speak to as my master's property, by two dents in the bottom of the can, which I made myself—it was safe at my master's over night.
F. J. COXHEAD (re-examined). I saw four empty bags there; I can speak to them, to one more especially—we afterwards found the nails that had been shot out of them—it was a small canvas bag that we had had some time, that we kept a mixed class of nails in; I identify it by its shape and make.
MR. M. WILLIAMS called the following Witnesses for the Defence.
JAMES LANGTON . I live at, St. Mary Street, Rotherhithe, and am in the prisoner's service—on 29th April, at 6 a.m., I saw two lightermen outside the King and Queen; I had just come down to work—there were some oak planks, some paints, and oils lying out at the Waterman's Stairs, and they asked me whether I would give an, eye to them for a little while while they were gone for a cart or something to put them in—I said "You had better just put them inside out of the way, perhaps someone might come and steal them," and I just put them inside the pot house—they lent me a hand to carry the paints in out of the way; there was some felt; I put them all in the pot house together—I did not see my master there at the time—I left at 6.30, and went to another place where they were building a barge—at 8 o'clock I came to my breakfast, and the potman was kicking up a bother about the things being in his way so that he could not clean his pots, and my foreman said "You had better take those things upstairs into the store out of the way," and I lent a hand to take them up, some bottles and some felt—the two lightermen had some rum and milk in the house when they left the things, and I had a half-pint of coffee and a
biscuit, which they gave me; the barmaid served us—the place is called Lavender Dock where we were building a new barge; there were four of us at work there—I have been working for the prisoner about five mouths—it is a very usual thing for persons to leave things to be taken care of; I have some paints there now belonging to someone, and ropes and such things—I was examined before the Magistrate.
Cross-examined. I had seen the men before who left these things; I don't know their names; I have seen them at different times coming backwards and forwards with their boat since I have been working at the waterside; I think I should know them again—I lent my foreman a hand to carry some of the things upstairs; I put them in the store room where we 'keep all our stores—I did not place them with other things, I put them all down in one comer—I. did not see any nails, white lead, or green paint—I took the felt upstairs, and chucked it inside the second store room; there was not room for it in the first room—I did not see the things landed; they were landed before 6 o'clock—I saw a kind of tugboat there, but there was nothing in her when I went to the waterside—I gave evidence before the Magistrate on the Monday as they came and took the things away on the Saturday—I did not see the prisoner about at all that morning; I did not see him before the afternoon—I did not see Mills there.
Re-examined, I did not take any cans upstairs, only two bottles of something, and four rolls of felt—I did not see anything else there—I was away from 6 till 8 o'clock—I did not see what the lightermen carried in, they carried some things into the pot house.
CHARLES BRADDOX . I live at 4 Renfield Street, Rotherhithe, and am foreman barge builder to the prisoner—he repairs barges on the shore at the back of the house—he has a store-room in his public-house where a great portion of his material is kept—on 29th April at breakfast time the potman spoke to me; there were somethings in his way in the pot house and he wanted them removed because he had not much room to do his work, so I told the labourer to take them upstairs into the store-room—I have worked by the river side thirty years and have known these premises twenty years—all up and down the river people leave things at this public house.
Cross-examined. I know nothing about these things myself—I saw them in the pot-house when I went into the tap-room; I could see them from the house—I'saw the prisoner about 7.50 or 7.45 that morning, not so early as 7.30—I did not see him at the back of the house just before 7 o'clock.
ANDREW DAWSON . I am the prisoner's apprentice and live at the King And Queen—on 29th April I opened the house at 5.45 and went to work at The docks—the prisoner was not up when I went away. GEORGE SNELL. I live 62, Rotherhithe Street, and am potman to the he prisoner—on 29th April at 7.15 I went to the house—I did not see the prisoner at that time—I went to the pot house and saw some bottles and cans there, they were in my way and I complained about it and they were removed.
Cross-examined. The foreman Braddon and Langton the labourer moved them—I did not see anybody else—I did not see anyone carry them upstairs, I went about my own work.
WILLIAM JOHN COIGY . I am an ironmonger—I supply nails in quantities to barge rankers, they generally use the same kind of nails—they are not capable of being identifiied, any more than stones in the road.
20th April about 6.30 I was in the bar—I saw Langton there, he came in with two men—they had coffee and rum, and he had coffee and a biscuit—my master got up after 8 o'clock that morning I believe, 8 or after 8 o'clock, I could not exactly say—he was not down till I was getting breakfast ready, he was upstairs when I served the men with the rum—he had not been out of bed then—I saw nothing moved, I was attending to the bar.
Cross-examined. I was down at 6 o'clock and remained in the bar till after breakfast, 8.30—I believe I saw Mills there about 8 o'clock—I think the prisoner was in the bar then, I did not see him carry anything—I was not serving in the bar till 8.30, I was cutting bread and butter—I believe the prisoner came down after 8 o'clock—I don't think he was down when Mills was in the house, I can't swear whether he was or not—it must have been after 8 o'clock when he came down.
The Prisoner received a good character.
NOT GUILTY .
MR. C. MATHEWS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
GUILTY — Ten Months' Imprisonment. ——
For Cases tried in New Court Friday and Old Court Saturday see Surrey Cases.
Before Robert Malcolm—Kerr, Esq.
MR. R N. PHILIPPS conducted the Prosecution.
JOSEPH ORRIS . I live at Leyton—on 15th May I had two live pigeons, white fantails, and two pheasants safe in an outhouse on my premises—on the following morning they were gone—I have not seen the pheasants since, but I have seen the pigeons alive at the Walthamstow Brewery Tap—there is a peculiarity in the beak of one of them, it is deformed—the pigeons I considered worth 10s.—I know the prisoner only by sight in the neighbourhood—fantail pigeons are not common.
JOHN BELL . I am a farm bailiff, of Leyton, in Essex—on Tuesday morning, 16th May, I was in the Brewery Tap beer-house, Walthamstow, and saw the prisoner come in with theae pigeons—he offered them to the landlord for sale—they were detained, and a policeman sent for.
FHEDEBICK CREED . I keep the Brewery Tap, Walthamstow—on 16th of May the prisoner brought these two pigeons (produced)—he offered them to me for sale—Bell was present—I detained the pigeons, and the prisoner went out without them; I told him we had sent for a policeman.
WALTER LUMENS (Policeman N 468). On 17th May, from information I received, I apprehended the prisoner; I told him he would be charged with stealing two pigeons and two pheasants—he said "All right, I did not steal them; I picked them up in a basket in the road between 5 and 6 o'clock in the morning."
NOT GUILTY .
Before Mr. Recorder.
MR. J. P. GRAIN conducted the Prosecution.
DANIEL HOCKLEY . I am a farm labourer to Mr. John Golb, of Barking Side—there is an office where I clean the shoes, and on 27th April a pair of old boots were lying about there, and had been up in a corner some time—the prisoner came and picked them up, and said "Here is a pair of old shoes; if they fit me I should think I might have them"—he took them out of the office—I said nothing to him, nor did he to me—Mr. Golb's father was there.
Cross-examined by the Prisoner. I am foreman in the yard—some time that day you were at work—I didn't see you take one of those boots away from a boy in the office—I don't recollect your meeting me in the yard when you had them in your hand—I don't know that I ever had a character for tell ins: a lie.
JOHN GALPIN (Policeman K 23). On 14th May, from information I received, I went to the prisoner's house about 6 p.m., and told him I had come to take him in charge for stealing a pair of boots, the property of Mr. Golb—he said "Can I see Mr. Golb?"—I said "I am going to take you to the station, where you can see him"—he said to his wife "You go and see Mr. Golb, and pay him for the boots, or tell him I will pay him on Saturday night"—I said "I suppose I can look round the house for the boots?"—he said "Here they are, on my feet. I took one from the office and one from off the ground outside; they were mildewy; I thought they were old ones, and no good to the master, and I took them openly"—on the way to the station he said "I haven't hurt them much, I only wore them last Sunday"—I took him to the station, and George Golb came and identified them—the prisoner then offered to pay Mr. Golb for them.
Cross-examined. You were not afraid to show them.; you showed them to me directly I asked yon.
GEOROE GOLB . I live with my father at Barking Side, we are farmers—these boots are his property—I cannot say how long it was I saw them before seeing them at the policestation—the prisoner had been in my father's employ about two months, during which time he had been a respectable, hard working man—he offered to pay me for the boots at the police-station.
Cross-examined. You never robbed us of anything before, that I am aware of—I believe a gift is a gift—I never heard that you robbed anybody else—I know nothing about what the boys do—I never saw the boots till I got to the station.
Prisoner's Defence. I did not steal them. I went round to the office and six or seven boys were playing about there. I said "What are you up to here? I picked up two brushes and brooms and another old pair of shoes and put them in the office. One of the boys said "Oh!" and I said "What arc you going to do with thatshoe?"—he said "Churl: it out."Up came the foreman and I said "If he comes here and catches you I should think you would catch it."The foreman said" "Oh, they arc nothing, you can have them if you like." I fitted them on and said."They fit me as well as if they were made forme." I didn't take them, so help me God.
DANIEL HOCKLEY (re-examined). I did not tell him he might have the boots—I knew he had got a pair in his hand and that is all I know—I did not give any information of that to my master at that time—I told him that Tarling'had taken them out of the office; they had been laid in one corner and not used for some time—I did not afterwards tell him not to bring them back.
Prisoner. You are a false speaker. You called me into the stable and said "What did you say anything about those boots for? They have been leading me a pretty good life about those boots."
NOT GUILTY .
MR. A. METCALFE conducted the Prosecution; and MR. W. SLEIGH the Defence.
WILLIAM KITCHEN . I keep the Lord Napier public-house, "Victoria Dock Road, West Ham—on the night of 29th April I went to sleep in'the evening—I was lying on the sofa, being very bad, and I could not see from the glare of the bar—about 10 o'clock I was partly dosing—the door from the bar parlour was not shut, the window was shut, but not fastened—the gas in the room was at just a glimmer; I put it down very low because of my eyes—I woke up about 10.30—I could not see for a while—I could not get my. sight very plain, but I thought I saw a man over by the chiffonier—I caught him and said "What are you doing here?"—he said "Give me a d——d good hiding and let me go"—I turned round and called out to the barman to come and fetch a policeman—I no sooner let him go than he made his exit through the window, which was open—it is a very little height from the ground and leads into the yard—the people go through into the yard from the bar—the man afterwards came back the same way—I went to the station and charged him—I saw him searched and saw what was found on him—he made no answer to the charge—I found the staple had been broken from the back gates where the padlock goes—the doors were already open at the back, it leads into New Road—the gate is usually shut, except when beer or spirits are coming in.
Cross-examined. I said something about that at the police-court—there is a convenience in the yard, but that is closed—there is one way to it for the men from the bar, and one from my room; directly you get through the tap-room there is a door—a person going to my bar parlour would not have to go through the tap-room—I cannot tell if anyone else came in my room when I was asleep—I did not say at the police-court "I was lying down on the sofa in my parlour; I had been asleep and was woke up"—I was very angry when I got up and rather frightened too—I didn't tell him I would strangle him or throttle him—I asked him what business he had in my private room—I didn't say I would give him a good thrashing, nor did he say "You cannot give me a thrashing because I have done nothing wrong"—he didn't say he thought it was the way to the yard—I didn't think he had come in by the window till I saw him go out—I stood so, so that he should not go out at the door, and directly I let go of him he went out through the window—the sofa was close under the window.
Re-examined. The window was examined afterwards, and a jemmy that they have got, just fitted in the place where he prized the window.
HENRY WILLIAMS . I am barman to Mr. Kitchen—about 10.30 on the Saturday night, he called to me from his private room to go for a policeman, and as I was going he said "He has gone through the window"—I went into the back yard and saw the prisoner making away to escape; I caught him going to the tap-room—I held him, and he asked me to let him go to fetch his hat—I went with him and he picked it up dose to the window—he said "I will go back the same way I came out," and he got in at the window; then I went round and saw him in my master's grasp—I
had fastened all the doors and got the key in the bar—the staple on the back door had been removed—I fastened it up at 8 o'clock, when it was in proper condition—no one had been into the parlour while my master was asleep—the door is kept by the passage key so you could not go in that way—there is one entrance to the parlour; not two doors—nobody could go in without my knowledge.
Cross-examined. I did not hear the prisoner say he was going to the back—ho said that he was drunk and had made a fool of himself—I gave evidence at the police-court—I don't remember anything being said then about a jemmy matching the window.
By THE COURT. I heard Mr. Buckingham say that a jemmy had been put to the window before the police-court inquiry.
THOMAS HARRISON (Policeman K 330). I was called to Mr. Kitchen's house on this night, and there found the prisoner being held by Mr. Kitchen—I asked him what he was doing there—he said "I am drunk, I have made a fool of myself"—he said another man told him to go to the back and look at some pigeon holes—I said "What pigeon holes "?—he made no reply—after some moments he said to Mr. Kitchen "Give me a d——good thrashing and let me go"—I took him to the station, he was there charged by Mr. Kitchen—he made do reply.
Cross-examined. I was not there when the detective examined the window—I heard Mr. Kitchen say something about it on Monday morning at the Stratford court—I am stationed at Poplar, so should not be there on Sunday morning—I heard some of the evidence at the police-court; I heard the detective give his evidence—I didn't hear him say a single word about fitting a jemmy to the window—I cannot say that Mr. Kitchen said anything about it.
FREDERICK BUCKINGHAM (Detective Officer). I was called in about 10.30 on Saturday night, and found the prisoner outside the house in Williams' custody—I assisted him to the station, where I searched him, and found on him this chisel, jemmy, matches, and candle (produced)—going up the road he said "Let me have half a pint of heer, because it will be a long time before I have any. What I have got about me is sufficient to convict me"—I took these instruments with me when I went to the premises the next morning, and this jemmy fitted the mark on the window.
Cross-examined. I examined the window; there was no hasp on the window—I saw the prisoner after he was taken in custody, just coming out of the house.
GUILTY **— Nine Months' Imprisonment.
Before Mr. Recorder.
421. RICHARD PYM (53) , Feloniously receiving 165 ingots of tin, the goods of Robert Wyndham Winstanley, knowing them to have been stolen. Second Count—Feloniously receiving the same from a person unknown.
MR. F. H. LEWIS conducted the Prosecution; and MR. WADDY, Q.C., and Mr. M'Call the Defence.
ROBERT STAFFORD . I am a lighterman, and on 23rd October I was in the employ of Messrs. Bell & Co., lightermen, of Fresh Wharf—I loaded from Wilson's Wharf into the tugboat Andrew 165 ingots of tin, and took the tugboat to Woolwich Arsenal, which I reached about 4 o'clock on Sunday afternoon, and moored her alongside the lower jetty—I left her
with the cargo stored in her hold—my young brother went down with me for a ride on Sunday—I should have delivered them the next morning—I left the hatch shut down and locked—next morning, the 25th, I went to where I had moored the boat, and she was not there—I ultimately found her down near Erith, made fast to a dredging machine, about sis miles from where I originally moored her—this ingot (produced) has the same mark that they had, "Brisbane, T.M.C."—it is the same ingot to all appearance; the same size, shape, and marks—I found the cargo gone and the hatch broken.
Cross-examined by MR. WADDY". I saw this ingot at Woolwich on the 21st March; that was five months afterwards, when a man of the name of Armitage was charged with stealing it—I was present at the trial, and I gave the same evidence substantially as I have given to-day—he was acquitted.
Re-examined. He was remanded—the ingots were ordered to be given up—to Messrs. Bell—that is one of them.
JAMES WILSON . I live at 13, Jamaica Level, Bermondsey, and am delivery foreman at Wilson's Wbarf, Tooley Street—on the 23rd October List I delivered into the tugboat Andrew 165 ingots of tin—this ingot has the same marks upon it as they had, and our own mark; in fact, this is one of them.
Cross-examined by MR. WADDY. This is a warrant for the full complement, 165 slabs—that is a slab (referring to the ingot)—the weight of the entire quantity was about five tons—I do not know anything about the quality of metals; it is not a part of my trade—the "mark I refer to is "Brisbane;" that is the place where it comes from-we get a good deal from there in the course of the year, not all with that mark on it; there are several brands—I don't, know what "T.M.C." means; it is generally that brand, the Brisbane brand—I think it means some mining company—there is our mark here of "283 draught;" that corresponds with the warrants—a draught represents five slabs, weighing so much—there ought to be five slabs marked "283;" the five slabs so marked would altogether make up the amount put opposite them here—when the ingot was stolen it had not that gaping hole in it; I cannot exactly say when that was. done; I think it was done for the analysis—there is a witness here to prove that I never saw or heard anything more of this metal after it was stolen from the tug boat, until five months afterwards.
Re-examined. I have been twenty-seven years at the wharf—I have seen a good deal of Brisbane tin, and many warrants for Brisbane tin—my duty is to compare the tin with the warrants—I have never seen any tin described on the warrant as Brisbane tin, without some mark on the ingot or slab; that is what we go by.
ROBERT COOK . I live at Poplar, and am a dredgerman—on the 25th October I saw the tugboat Andrew adrift, coming down on the ebb tide; I took her and made her fast to my dredger—when I got on her I found the hatch broken, and she was empty—I afterwards handed her over to Messrs. Bell's foreman, Stafford.
JOSEPH WILLIAM EWBANK CUNDALL . I am a clerk in the employ of Messrs. Bell & Co*, of Fresh Wharf—on the 23rd October last, one of our tug boats, the Andrew, was loaded with tin—I was not present at the landing—she came over to the wharf after she was loaded—I did not see the time—the value of the tin was about 480l., the 165 ingots weighing
five tons—the price varies very much—at that time it was getting on for 100l. a ton—the price of the tin in the market on the 11th or 12th of May this year was about 76l.—I recollect a man of the name of Armitage being' charged with the unlawful possession of three of the original ingots—this is one of the three—I had a sample cut from it for the purpose of analysis-, for both sides and gave it to Messrs. Johnson & Matthey—I also gave to them a specimen of the tin which purported to be found at the prisoner's—I got one specimen from the police-station and one from prisoner's shop—the one from the police-station I got from the man I took down from Wilson's Wharf to cut it—Inspector Greenfield was there when it was given me at the police-station—I got three pieces; one from one ingot and two from other samples of tin found.
By THE COURT. This sample was in in the prisoner's shop. (Various simples produced.) From this I took the piece given to Johnson &c. Matthey.
Cross-examined by MR. WADDY. I saw a piece off this at the policestation—our piece was cut first, and the essayer cut the next piece—here our piece—we took a good sized piece and gave it to Johnson & Matthey—it is only marked by ourselves to know one from the other—that is marked with the letter F and this is the piece that came off it—some of these were produced before the Magistrate—these are the pieces which the prisoner was charged with receiving when he was apprehended; I am quite clear about that—they were all three produced before the Magistrate: not on the first occasion—the prisoner was twice before the Magistrate—I know the trade very well, and have been connected with it for thirty years—there is an immense trade with Brisbane in that tin—it comes in with the wool season, the spring; in January it comes in as ballast in the wool ships—the analysis at our instance was made about the 13th or 14th May, I think—it was some time after the search warrant was obtained—I do not know the day that the result of it was reported to our solicitor—two or three days after we received it; after the last hearing before the Magistrate—the Magistrate requested it to be done, and a certificate was handed in in regard to it on the second occasion.
Re-examined. In regard to the certificate, I heard it offered to be read in the presence of the plaintiff's solicitor if wished—Brisbane tin is very pure, nearly 100—tin coming from Brisbane is always marked so.
BY MR. WADDY. I have never analysed any of this tin myself—I never had my attention drawn to the question of analysis before this trial—I never heard of such a robbery before—my knowledge on the subject of tin is derived from the information I have received during the progress of this case—we know it is pure tin on account of the price that is paid for it—I am a shipping clerk—I am superitendent at the wharf—I have nothing whatever to do with the quality or purity of the tin.
WILLIAM MORGAN (Detective Officer). On 21st March I apprehended a man named Armitage, whom I found in possession of three ingots of tin—this is one of the three—I delivered them over to Inspector Reed of the Thames division.
FREDERICK GREENFIELD (Police Inspector R). On the 13th May I obtained a search warrant from the Magistrate of Greenwich police-conrt, which I applied for on Friday, the 12th, and made a second application on the 13th—I went to 5 and 6, Clarence Place, Deptford Broadway, accompanied by Reed, who was present all the time, and other officers—there are
two small shops with very large back premises—the prisoner carries on business as as a marine store dealer—I had known him for some time before—I cannot say whether he knew me, I have only been down in that district about five months—after I had told him I was a police-officer, I said "Have you purchased any metal lately?"—he said "No"—I then said "Have you brought any tin lately?'—he said "No, I have none in the house"—I then said "What did you do with the specimen you showed to two gentlemen the other day in the Dover Castle and sent to town?"—he said "Oh? that is run down"—I then said "Where is the ingot from which you cut the specimen?"—he said "That is run down, too"—I said "Where did you send the specimen to?"—he said "To Mr. Wescoit, Thames Street"—I said "Where?"—he said "I met him in the street; I think it is No. 27"—I said "Is he a metal dealer?"—he said he did not know—I then said "It is very strange, and I must search your shop," producing the search warrant—I commenced to search at the end of the counter, and found a stack of ingots, 155; all that are in the Court were there—I took possession of the whole of them—they were of about the same size, weighing from 161bs. to 181bs. each—on picking up some of them I found they were quite hot; too hot to handle some of them—"I said "Mr. Pym, what do you call this?"—"Oh," he says "that is old joints, pieces of pipe run down," pointing to a sack with some short pieces of pipe. (Pipe joints produced.) I told him I was not satisfied. and I should take him into custody—Reed heard what I said, and he had something to say at the same time—I took his books—I have two of them here—I have looked from December up to the present time and do not find any entry of purchase of tin by him—I found some small sales out; 3 cwt. 3 qrs., in about thirty items—I did not see some more ingots found—I took possession of them afterwards—I have weighed the whole of the 155 ingots, and they weigh 28 cwt, 3 qrs.—103 others were handed to me afterwards, making 258.
Cross-examined by MR. WADDY. I was not present on the second occasion of the search—I took the prisoner to the station—I saw the other ingots when I went back, they were behind a quantity of rags and books in the same shop—they were on a shelf about as high as you could reach—I could reach them—they were further down the shop on the right hand side of the shelf—no person could see them going by—you could not see them through his window; you could see them from the door—you might see them from the shop—there may have been a person there of the name of John Maybank, I don't know him. (John Maybank called in.) I don't recognise him—he might have been there—I saw some persons there who ppeared to be employed in the concern, rag sorting. (Hancock called in) I do not recollect him; I didn't take notice of the men—I am not aware that questions were put to the men there, whoever they were, as to the way business was done—my conversation was entirely with Pym—on my oath I cannot say whether anything was said to them—the prisoner said, pointing to these, they were materials he had been using, he had been running a lot of pints down—he said one man there had helped him to run them down, a tall man, neither of these two—I never noticed—the man I spoke to was a much taller man—he was in the shop—two of the prisoner's own carmen came in while I was there—there were five or six women employed about the shop—I cannot say whether any of them, are here—I do not know any of them.—I might have been half an hour or more in the shop before I took him into custody—I do not know the names of the two
gentlemen who were at the Dover Castle—I had some information in a certain way, or I should not have found out this.
Re-examined. The prisoner was represented at the police-station by Counsel and attorney—there were no witnesses tendered—I told the prisoner he could have his books or anything to inspect—I attended on several occasions when he took specimens from these ingots.
By MR. "WADDY. I took other books than these; they are at Deptford Station—if necessary I can send for them; I didn't think it necessary to bring all—the prisoner saw the books in the police cell when he came to take the samples.
By THE COURT. I said I had the books from December, 1874—that goes right back, I think—the last entry in the book was in pencil, being made when I was in the shop.
WILLIAM PEARCE (Police Sergeant R 33). When the prisoner was taken into custody I made search of his shop—I found 103 small ingots of tin at the end of the shop behind some rags and books on a shelf—I handed them over to Inspector Greenfield—this is one of them.
Cross-examined by MR. WADDY. There was a cupboard close by—I did not examine it, I don't know whether anybody else did—I should say it was about an hour or an hour and a half after we had been in the shop that we found these—Reed and Greenfield searched with me—Greenfield was not in the shop when I found them—he had taken the prisoner to the station—one of the other police sergeants was Barnett—he is not made a witness of.
Re-examined. Whether the rags were accidently or deliberately thrown on them, I don't know.
GEORGE REED (Thames Police Inspector). I accompanied Greenfield to the prisoner's place where, after certain conversation, we found 155 ingots of tin—I said to the prisoner "These ingots are quite hot and have evidently recently been run down"—he said "Yes, they were all run down last night and this morning"—I said "Where is your furnace?"—he took me to a back warehouse and pointed to the corner and said "There it is," and behind a quantity of old rags I saw a copper or iron boiler—I said "Is this it?"—he said "Yes"—I said "Why, this is quite hot"—he said "Yes, it is"—I said "If you run it down last night and this morning where is the dross? if it is old teapots and metal joints there must be a good deal of dross"—he said "There it is," pointing to some dust in the dust bin—I said "This is not dross, this is dust and evidently has never been in the pan"—I then went back into the shop where the ingots were, and in a basket I saw some dross with a lot of old metal—I found those pieces of dross (produced)—I said "What are those, they appear to me to be dross from tin?"—he said "They are bits that came in with the lead at various times"—I said "This is quite hot and evidently has not long left the furnace"—he said" It is bits, they came in with the lead, and it is the collection of years"—I then accompanied him to the back warehouse again where I saw a quantity of moulds—they were quite hot many of them—I said "Do those moulds belong to you?"—he said "No, I borrowed them last evening from Mr. Hedge"—these are them; I asked if he had any entry in his books to show how he became possessed of this tin—he said it was a collection of years, and that he had only those books in the shop—he said it was not tin, it was pewter run down from joints and teapots—he afterwards produced this pan in which was this dirt, which he said was dross (produced)—I think it is a warming-pan.
Cross-examined by MR. WADDY. I was before Mr. Peterson, the Magistrate, the case was remanded—I remember Mr. M'Caull appearing on behalf of the prisoner—I believe he asked for a further remand for the purpose of the analysis—I am not positive as to that, the Court was so crowded—I could not get into the Court—I could not really hear what was said—I remember no opposition was made to the committal, and that course was agreed to—the copper is here (produced)—he did not tell me he had borrowed the moulds of Mr. Hedge, on many previous occasions—I have not inquired of Mr. Hedge to find out whether he told me the truth as to the moulds—I have every reason to believe it was the truth—I would not suggest that there is no metal in this dirt.
EDWARD MATTHEY . I am a member of the firm of Johnson and Matthey—we are Assayers to the Bank of England and the Mint—we have received some samples of tin for analysis from Messrs. Bell and Co., of 2, Lower Thames Street, first two and then one, three altogether—No. I sample is refined tin, containing 99.90 per cent, pure tin, so practically speaking analysis is useless in such a thing as that—they would have it done; it is really refined tin—if the original analysis of a particular tin showed it was 99.88 and not 99.90 per cent., a further smelting or purification of the metal might increase or diminish, the alloy in it to a fractional extent; it is possible it might—it does not follow that it would—it is such a fractional difference that it amounts almost to nothing—I am not in a position to say whether that is Brisbane tin—I only received a sample—lam not supposed to know whether it is Brisbane tin or not; it is refined tin—I am not in the lead trade, but I believe lead is about 22l. or 25l. a ton—there are others who can inform you on that point better—we analysed sample No. 2, "Tin found at Deptford"—that is cut from the larger ingot—I should know it if I were to see it—this is the sample, that was handed to me at the same time as the pure tin, No. 1—those two samples were handed me by Cundall and by Reed, I think his name was—No. 2 contains, tin 57.50; lead, 42.23; iron, 14; copper, 6; and a loss on determination making up 100—No. 3 was given us as a sample of the original tin, marked No. 4, which is 99.88 of tin—this dross in the warming-pan is not from pure tin—it may be dross from very impure metal, but I think it is open to great doubt what it is—there is a piece of metal in it—it is from impure metal, but not from refined tin—I don't think it is from tin at all—it is from pewter; very course metal—I should think there was a great mixture of metals in that dross—it is extremely difficult for anyone to say what that did come from.
Cross-examined by MR. WADDY. I do not know which is No. 3; I never saw it—the 3rd that I analysed was marked No. 4 as given to us—there is only one that I analysed; the two others I only found the tin in, and I said there was no occasion to have them analysed—I have not analysed No.l or No. 4—I ascertained them by direct determination—I can only explain it by going through the exact-process; a certain quantity is dissolved in dilute nitric acid, the oxide of tin so produced well washed, dried, and calcined, the amount of pure tin being determined from the resulting oxide—antimony is not an accompaniment of refined tin certainly—when you say "perfectly pure" you are not speaking of refined tin—there is no antimony, I should say, 'in that ingot—I simply say so as the result of ex:perience—I should think it quite probable that I have found minute traces of antimony in Australian tin—it is quite possible, but in Australian refined
tin there is no antimony; it is insoluble—I cannot tell whether there is antimony in that tin by looking at it without determining—I think it quite possible that Brisbane tin contains minute traces of antimony; no chemist would dare to say it docs not—it is a very difficult point to pin anyone down to—the same thing is true with regard to arsenic, bismath, and copper—there was neither of those metals in No. I or No. 4—I tested the solutions after I had done with the tin, and I found no traces of either metal—I did not test for antimony directly or indirectly—I was only employed to determine the tin in those two samples, and it was only tin I determined—there could not be much antimony in No. 2, as we accounted for eyerything almost.
MR. WADDY submitted that there was not sufficient evidence of the identity of the tin, or of the fact of the larceny. The Court concurred, and directed a verdict of
NOT GUILTY .
Before Mr. Baron Cleasby.
It appearing, upon the evidence of JOHN ROWLAND GIBSON , surgeon of Newgale, that prisoner was insane, and quite incapable of understanding, the Jury found him insane. — To be detained during Her Majesty's pleasure.
MESSRS. STRAIGHT and MEAD conducted the Prosecution; and MR. HORACE AVORY the Defence.
GRANTZ. (Through an interpreter). I am boatswain on board the Bremen, a German vessel; she was in the Surrey Docks on 6th May—Bernard Rochelle was the mate—Seiger, Ditman, and Renhardt were seamen on board—I went ashore with the mate and two boys on the evening of May 6th, and we returned to the vessel at 10.30—the dock gate was shut, but the gate-man opened it when we arrived—about five minutes after we got on board the prisoner and the other two seamen came on board—the mate and I had then gone to our berths, but not to bed—I heard a noise in the forecastle, and heard the prisoner say "Let them come, let them come; I am not frightened of them"—I do not know who he alluded to—I left my berth, and went on the poop with the mate—I could not see what took place on the forecastle because it was dark—the men on the forecastle said that they believed the mate or boatswain had given orders at the gate not to let them in—I heard the prisoner's voice say "Let them come"—the mate then went to the forecastle and asked them to come to the gate. to convince them that he had not said so, but the prisoner said that he would not come out—after three times the mate went into the forecastle and took Seiger by the collar to fetch him out—I stood by the forecastle door; Seiger got loose, and then the mate game out—he went in again, and said "You must come with me to the gate," and when he came out I saw blood on his coat—I took him to my berth; he was bleeding from the neck—I stopped with him till he was dead—I afterwards went into the forecastle and saw this knife (produced) on the table with blood on it—I do not know whose knife it is.
Cross-examined. My berth is in the poop, close to the door; by the mainmast, 15 or 16 feet from the forecastle door—I heard a noise and talking before the words "Let them come"—the mate did not take Seiger out of the forecastle, only to the door, and then he got loose and went back into the forecastle, and the mate went a second time into the forecastle—a minute or two elapsed between—when the mate came out bleeding, I did not see the prisoner—I could not see anything that took place in the forecastle when the mate was in there—this is the ordinary sailor's knife.
PAUL TREGAN (through an interpreter). I was cook on board the Bremen—she arrived on 6th May in the Surrey Commercial Dock from Dantzic—the prisoner was a seaman on board her for two months—I was in my berth, which is in the forecastle door; there was no light there—I was awoke about 10.30 by a noise in the forecastle, and saw Seiger and Renhardt standing by the table, about 3 yards from me—I saw the chief mate, Rochelle, come to the forecastle door—he called out to Seiger to come to the police gate with him—Seiger said that he would not come out—the mate came into the forcastle to bring' him out—Seiger had no knife then—the mate got hold of him by the coat to fetch him out, and dragged him as far as the forecastle door, but he got. loose and came back to the table—the mate went on deck, and while he was away Seiger called the mate "the long fellow," and knocked on the table, and said that it was a shame that he had given orders at the gate not to let them in, and to have the gates locked—soon after that I saw a knife in Seiger's hand—I was not in my bunk all this time, I jumped up—the mate came back in about ten minutes, and went to the further corner from the door, where Seiger's berth was, and wanted to fetch him out—they came towards the door, and the mate got hold of him and fell oyer my box as they were struggling—I then pulled Seiger away from the mate as they were wrestling on the floor, the mate underneath, and saw blood on the mate's chest—they afterwards locked Seiger up, and after that I saw this knife in the boot corner with blood on it—the mate lived about ten minutes; he died about 12.45—Seiger was half sober—I don't know how the mate was.
Cross-examined. A seaman named Macoon was there, but I did not hear him say anything—I saw the knife in Seiger's hand at the time the mate came in the second time—Seiger had not been having his supper just before, he had it at 5 o'clock—that was the knife which he would use to cut bread or anything he ate—Seiger did not wish to come out, and of course when they were pulling each other they resisted—direotly they fell I went between them and separated them—they were not struggling on the ground for any time—when they fell the mate fell underneath—I saw no blow struck.
Re-examined. I saw nothing to eat on the table or in Seiger's hands—the mate was a tall, strong man, forty-two years old, and 5 feet 14 inches high.
JULIUS RENHARDT (through an interpreter). I was a seaman on board the Bremen—on the evening of 6th May I had been ashore with Ditman and the prisoner—we were in the same public-house with the boatswain and the mate, but at a different part—they left before us, and we followed in about five minutes—this was Sunday night, the 7th, the ship had arrived on Saturday, the 6th—on reaching the dock gate the policeman would not let us in, and we got over the gate and went on board, and saw the boatswain and the mate on the poop—the prisoner said in the forecastle that it was not right for the mate to give orders that they should not be let in—I
heard the mate speak, but I did not understand what he said—Seiger said that it was not right, and if anybody came near him he would box him, strike him—the mate left the poop and went to the forecastle, and said that Seiger should come out; Seiger said "I sha'n't come out; I will not come out"—the mate got hold of Seiger to pull him out, but Seiger got loose from him and went to his bunk—the mate went away, and came back in four minutes, or it might be two or three minutes, told him to come out, and took hold of him to pull him out, and wrestled with him as far as the forecastle door—I did not see them fall—I did not see a knife in the prisoner's hand when the mate entered the first time, but I did before he entered the second time.
Cross-examined. Seiger did nothing when the mate first came in; he stood still by his bunk—I do not know whether they fell or not the second time—I was by the cook's bunk—I did not see the cook separate them.
ALBERT DITMAN (through an interpreter). I was a seaman on board the Bremen—on Sunday night, 7th May, I had been ashore with Seiger and Reinhardt, and when we got to the dock gates the man refused to let us through, and we got over the wall, and Seiger came after us—when we got on board, Seiger and Reinhardt were down in the forecastle and I was on deck—I could not understand the words that Seiger said, but I could hear a noise going on—at that time the mate came from aft and went to the quarter, and afterwards he went to the forecastle—I heard that the mate said that he should come out, and he would go with him to the gate and say that it was an untruth, and the policeman would tell him that it was wrong about his being told to refuse them admission—Seiger said "I will not come out," and the mate went into the forecastle and pulled him out at the forecastle door; when they got to the door Seiger laid underneath and the mate was at the top, bending over him—Seiger then went to his bunk; the mate went on deck for about ten minutes, and when he came back he went to the forecastle and called to him to come out, but he did not, and then he went to the forecastle, and about three or four minutes afterwards he came out bleeding—I saw a knife in Seiger's hand at the forecastle door, before the mate entered the first time; the mate had not called out to Seiger then, but Seiger had said that it was not right to tell the porter not to let them through the gate, and he had the knife in his hand at that time.
Cross-examined. The mate was a much bigger man than the prisoner—I have no doubt that they did fall the first time, and Seiger underneath—I saw no struggle the second time; the mate came out alone, bleeding.
LATIMER PALMER . (This evidence was interpreted to the prisoner). I had charge of the gate on this occasion and refused the prisoner admittance at 10.30—about 11.30 I beard a cry of "Police!" went on board the Bremen, and saw the mate in the boatswain's berth—the prisoner was pointed out to me and I took him in custody—a doctor was sent for—I searched and found a knife on the floor of the forecastle, close to Seiger's box—the docks close at 10 o'clock on Sundays, that was why I refused them, and not from any instructions received from the mate.
GEORGE WILLIAM NICHOLS , M.R.C.S. I live at Augusta House, Rother-hithe—on Sunday, 7th May, I was called up at 12.5 and went on board the Bremen, it was then 12.20—I found the mate quite dead from a stab in front just above the left collar bone—it might have been caused by this knife—I made a post-mortem on the following Wednesday and found that death was
caused by that wound, which was about one and three quarters of an inch deep and three quarters of an inch wide, completely severing the sub clavian artery and the jugular vein—its direction was downwards, which did not suggest an accidental wound—I use the expression "stab" advisedly—the Land with the weapon in it must have come downwards to the throat—death would be almost immediate.
Cross-examined. It went diagonally downwards underneath the collar bone—that is not the only fact that leads me to the inference that it was accidental, I judge from the depth that there must have been some force used.
THOMAS ARCHELL (Policeman R). I took the mate's clothes off, he had two shirts, one linen, and one flannel—here are several cuts through them, one of which corresponds with the wound in the throat; it has gone through both shirts—there are other cuts, but the shirts were cut open to admit of something being used to staunch the blood.
GUILTY of manslaughter — Ten Years' Penal Servitude.
MR. COOPER conducted the Prosecution; and MR. F. H. LEWIS the Defence.
JOSEPH MATTHEWS . I live at 4, Windmill Lane, Deptford, and work at a baker's shop—on Saturday, 6th May, I was passing the Acorn public-house and saw the prisoner come out—Mr. Howard followed him immediately—they were talking together and Jones said "You struck me first"—Howard said "I did not," and crossed the road—Jones pulled off his coat, turned up his sleeves, and ran after Howard, who said "I won't fight, I won't fight, I will come out in the morning and fight"—Jones caught him by the arm punched him in the neck, and they both fell—Jones got up, put on his jacket, and ran away—Howard remained where he fell, and a drunken man came and lifted him up—they got him up and set him down again on the kerb—two policemen came and he was taken away.
Cross-examined. I do not know how Jones came to fall—I did not see whether he was hit or not—I did not see Howard rush at him—if he fell because Howard rushed at him I did not see it.
By THE COURT. Jones punched Howard on the neck, I did not say that before the Magistrate, I only said that Jones knocked him down.
HENRY COOMBS . I keep the Acorn at Rotherhithe—on Saturday, 6th May, about 4 p.m., Howard came in with a man named Crawley and had refreshment—several people were at the bar, and the prisoner afterwards came in—there were no angry words in the house—they went out together and ten minutes or a quarter of an hour afterwards I heard an altercation outside—I went to the door to prevent them coming in again and saw the prisoner put his hand to his face and look at it, and then he took out his handkerchief to wipe his face—he then began to spar up to Howard, who said "I won't fight"—Howard ran across to me and the prisoner followed sharp after him and chased him across the road and back again almost to my door; Howard turned suddenly round, rushed at Jones, and they seemed to exchange blows; they threw one another, and, I believe, the prisoner fell
underneath—a great many people congregated, and I do not know what became of Jones.
Cross-examined. I knew Howard well, I did not know much of Jones—I did not know them as mates—I had never seen them in the house before—they seemed quite friendly—my attention was attracted by Jones putting his hand to his face as if it was bleeding, and then he put his handkerchief to his face.
ALFRED WYATT . I am a labourer, of 61, Lower Queen Street, Rother-hithe—I was passing the Acorn, saw Jones outside and heard him say to Howard "You struck me twice"—Howard said that he had not—Jones said "I will hit you for hitting me," and pulled his coat off, but Howard said that he would not fight, and went across the road and Jones after him—Howard went towards Mr. Coomb's window—Jones put his hand up to hit him, and they closed together and fell on the kerb stone—Jones got up, stood a few minutes and put his coat on, and when two constables came up he went away—the policemen and I picked Howard up and washed his eye—Jones and Howard both appeared three parts drunk—the eyes of both of them were bleeding when I first saw them, but I don't know how it happened.
BERNARD KELLY . I am a physician and surgeon, of 12, Plough Road, Rotherhithe—on Sunday, May 7th, about 5 o'clock a.m., I was called to the deceased and found him in bed—he was conscious and complained of pain between his shoulders—his pulse was slow and his respiration laboured—there was complete paralysis of body and limbs—I saw him three times that day, and I was told that he died at 12 o'clock—on the following day I made a post-mortem, and found a fracture of the seventh vertebrae of the neck and great effusion of blood into the spinal canal—that fracture was the cause of death—he was paralysed from the neck downwards, and therefore I did not think it necessary to examine the viscera—he was an old patient of mine and a healthy man—it is not possible that such an injury could be inflicted by a fist.
JAMES MIDDLETON (Policeman R 744). On the morning of May 8th, about 6.30 I took the prisoner at 6, Silver Street, Rotherhithe—I told him I should take him for causing the death of a man named Howard—he said "We went to the Acorn public-house to have a drop of drink, we had a few words, he struck me and I struck him.
Cross-examined. I did not notice a cut on the back of his head, but he had a handkerchief tied round his head—I saw plaster.
MR. LEWIS submitted that there was no evidence that the man struck by the prisoner was the same person who died.
The prisoner received a good character.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
425. DANIEL LYNCH (50), and MICHAEL LYNCH (26), and JOHN McCARTHY (19) , Burglariously breaking and entering the dwelling-house of James Dane", and stealing therein 24 lbs. of bacon, and 1lb. of tobacco; to which
MICHAEL LYNCH PLEADED GUILTY — Twelve Month's Imprisonment.
MR. LEE conducted the Prosemtion; and MR. SIMS defended McCarthy.
JAMES DANES . I am a general dealer of 48, Stockwell Street, Hatcham, Surrey—on the night of 10th May about 10 o'clock I closed my house—I locked the door and fastened the shutters—the house was properly fastened when I went to bed—I was awoke at about 1.15—I heard footsteps and a voice cry "Jack, Jack"—I knew the voice it was Daniel Lynch—I lit a candle and found that some bacon and tobacco had been taken away—the shopdoor had been forced open, the lock was off the doorpost—I recognised the voices of Daniel Lynch, and McCarthy—I am sure McCarthy was one—I had known the men for about nine years—there is only one house between where the Lynches live; I went there with the policeman and found my property there—the two pieces of bacon weighed about 24 lbs., the tobacco about 11b.
WEBBER HART (Policeman P 41). At 2.15 on this morning I went with constable Johnson to the prosecutor house in Stockwell Street—the shop door had been forced open—I had seen the three prisoners between 10 and 11o'clock, and between 11 and 12 o'clock loitering about—I went to 46, Stockwell Street, one door from the prosecutors—I found all three prisoners downstairs with their clothes on—they appeared to be asleep—Daniel Lynch was sitting on the table apparently asleep—I told them they were charged with burglary at the prosecutor's—they made no reply at first, but afterwards said "All right governor, don't be too sharp"—when McCarthy got up I saw a roll of tobacco fall from his side pocket on to the floor—the constable found the bacon.
Cross-examined by MR. SIMS. They all appeared sober; McCarthy had not been drinking.
Cross-examined by Daniel Lynch. I saw you loitering about in a suspicious manner, but not doing anything wrong.
JOHN JOHNSON (Policeman R 319). I accompanied Hart to 46, Stockwell Street, where the Lynches live—I found all three prisoners together at that house, and found a side of bacon—Michael Lynch and McCarthy were on the floor, and Daniel Lynch was on the table apparently asleep—this roll of tobacco dropped from McCarthy's pocket—he ran away, but I apprehended him at 7 a.m. in his own bed.
Cross-examined by Daniel Lynch. I saw you do nothing wrong; you were loitering about the streets—I never knew you to do anything wrong beyond getting drunk and insulting people.
Daniel Lynch, in his defence, stated that he had been drinking and fell asleep, and knew nothing of the matter.
DANIEL LYNCH— NOT GUILTY .
McCARTHY— GUILTY — Twelve Months' Imprisonment.
MR. F. H. LEWIS conducted the Prosecution; and MR. GILL the Defence.
EMMA FRANCIS . I am barmaid at the Grapes public-house, High Street, Borough—on 6th May, between '8 and 9 o'clock in the evening, the prisoner came in for half a quartern of gin, which came to 2d., and paid me with a bad 6d.—I bent it, and my master broke it in three pieces in her presence—he asked if she had any more about her;—she said no; her son had given it to her from his wages—she then opened a purse and gave me a good shilling, for—which I gave her change—she took the broken pieces off the counter—the potman followed her out.
Cross-examined. She was in the house about five minutes; she stayed
and drank the gin after I had given her the change—there were two or three women there; she showed the pieces to them.
HENRY ELLIS . I am potman at the Grapes—I followed the prisoner after she left the house—I saw her go into a baker's shop, and after she left I went in and spoke to the man in the shop—I then followed her to another public-house kept by Chandler, and saw her pay for some beer in coppers: she remained there four or five minutes—when she came out I saw her speak to a man who came from the other direction—he walked by her side for a short distance, and left her and went back—she then went into Scroggs', the stationer's, and when she came out I went in and spoke to the person—ultimately I gave her into custody.
JENKIN JENKINS . I keep a butter shop in the Borough—on the evening of 6th May, between 8 and 9 o'clock, the prisoner came in for 1/4 lb. butter, which came to 4 1/2 d.; she handed me a bad 6d.—I bent it between my fingers in her presence, and said "You have got a bad 6d. here"—she said "Have I? I know where I had it," and she gave me a good one instead—I gave her 1 1/2 d. change, and she left, and the last witness came in and spoke to me.
ADA MARIA BEAVER . I am assistant to Mrs. Scroggs, a stationer in Newington Causeway—between 8 and 9 o'clock on the evening of 6th May the prisoner came in for a 1d.—worth of note-paper, and gave me 6d. in payment—I tried it in the detector; it was bad—I told her so—she said her son had given it to her—she gave me another, and I gave her change, and she left—she was afterwards brought back by the constable and Ellis.
JOHN WISE (Policeman MR 14). On the evening of 6th May Ellis pointed out the prisoner to me—I watched her up the Borough Road a short distance; she then turned back and went along Newington Causeway—I went up and told her I should take her into custody for passing counterfeit coin—she said "I don't know what you mean"—I then took her into Mrs. Scroggs', and said "What was it you passed here?"—she said "Oh, I know what you mean; the sixpence, I got it from my son"—at the station she said at first she got it from her son, and afterwards from her husband; she refused her address—I examined a bag she had, and found in it a pork chop, 1/4 lb. butter, 1d. worth of note-paper, three oranges, and a door-key.
SARAH ANN FENSON . I am private searcher at the Borough police-station—I searched the prisoner; I found 1s. 6 1/4 d. in copper in her dress pocket, 1s. 4 3/4 d. in copper in a pocket tied under her dress, three good half-crowns in her purse, and a good 6d. and a 3d. piece and a farthing.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
on the ledge of the till by itself and gave him the change—I then took up the shilling and tried it; I found it was bad, gave it to. my husband, and pointed out Collins to him as he left—he went after him and brought him back—I said that he had given me a bad shilling; he said he did not know it was bad—a labourer afterwards brought Sambrook into the house; I had not seen him before.
ALFRED RISDEN . My wife spoke to me, and I followed Collins and brought him back—my wife gave me a bad shilling, which I gave to Hunt—I had seen the two prisoners and a third man about five minutes before this; they came backwards and forwards four or five times, talking, and then they separated—when my wife called my attention to Collins, Sam-brook was on the other side—I had before that spoken to a labourer named Abbs; I saw him overtake Sambrook; the other man got over a fence and across a field and escaped—Sambrook was brought back, and I gave them. both in custody—I received from Abbs seven bad shillings, some in paper and some loose; I gave them to the inspector—the prisoners swore that they were perfect strangers to each other—they were let go, and taken again two hours afterwards.
JAMES ABBS . I am a labourer—I was working for Mr. Risden, and saw him go after Collins—I saw them all three come round the corner together and loiter about—I did not see Collins go into the house—Mr. Risden. motioned to me, and I ran after the third man, holloaing for people to stop him, but there was nobody in the fields and he got away—I hastened back, and took Sambrook—they were taken to the station and let go—about half an hour afterwards I went over the ground where the third man had run, and on a pile of bricks I found six shillings in a piece of blue paper and another shilling in another piece of blue paper; I gave them to Mr. Risden—the man who ran away went close to those bricks.
Cross-examined by Collins. I did not see him throw them or hear them fall.
JOHN BROWN (Policeman P 208). I was called, and took the prisoners—Collins said that he received the shilling from his master three weeks before; Sambrook said that he knew nothing about it—I found 10 1/2 i. on Collins, but nothing on Sambrook—Mr. Risden did not prosecute them as there was only one shilling, and they were let go.
DANIEL HUNT (Police Inspector P). I was at the station when the prisoners were brought in—Mr. Risden handed me the shilling, and Collins said that he did not know it was bad—Sambrook denied all knowledge of it, and they were let go—shortly afterwards Risden came again, and handed me these other counterfeit coins, upon which I gave orders for the prisoners to be re-arrested.
GEORGE TAYLOR (Policeman PR 25). In consequence of orders from the inspector I went out and found the two prisoners and a third man who. has escaped standing outside a public-house in the New Cut—they ran towards Blackfriars Road—I took Collins, and a detective took Sambrook—Collins said "I know nothing about the shilling being bad; I acknowledge going into the public-house and getting a glass of ale.
PHILIP ALPRESS (Detective Officer P). I was with Taylor and took Sambrook—he said that he knew nothing about it—I saw the third man but he escaped—he corresponds with the description given by Mr. Risden.
Collins' Defence. I paid for the ale with a shilling and received 10d. change; if I had paid with a half-crown and received a bad shilling they would have said that they could not exchange money after it was taken from the bar.
Sambrcoks Defence. I am innocent.
GUILTY . SAM BROOK was further charged with a previous conviction of felony at Newington, in March, 1873, to which he
PLEADED GUILTY**— Two Years' Imprisonment.
COLLINS— Fifteen Months' Imprisonment.
429. WILLIAM MCCARTHY (36) PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Sarah Maria Nelson and stealing therein a cheese, a sponge, and other articles, her property— Nine Months' Imprisonment.
Wednesday, May 31st, 1876.
430. JAMES HUMPHRIES (28) was again indicted (see page 130) with WILLIAM RINGER (64) , for unlawfully conspiring to obtain from one George Munday and others, divers of his goods and chattels. Other Counts, for receiving the same and varying the mode of charge.
HUMPHRIES PLEADED GUILTY .
MR. BULWER, Q.C., with MESSRS. BEASLEY and DICEY conducted the Prosecution; MR. GRIFFITHS and MR. SIMS Defended Ringer.
FREDERICK BAKER . I am coachman to Mr. Monday, of Eastbourne—he had a quantity of hay, more than he wanted, in October last, and by his direction I advertised 40 tons for sale in the "West Sussex Gazette" with my initials—application was to be made to Messrs. Smith & Son, at the Railway Station, Eastbourne—I received this letter in answer—a letter was written by my master; I saw him write it—afterwards we received this other letter in reply—in consequence we had about 180 trusses of hay cut and trussed and sent off on the 12th January, I think, to George Johnstone, 776, Old Kent Road, from Berwick Station, which is about eleven miles from Eastbourne—in consequence of these documents, we sent to the same address a quantity of black oats, about 10 quarters, on the 18th January about 150 quarters, altogether—my master had purchased them—this bill afterwards came down—my master took it to the bank—upon this I came to London, I think on the 4th February—I went to Johnstone's house, 776, Old Kent Road—I did not find him there—I called again three times, but did not find him—I then communicated with the detectives, Kimber and Fox—I afterwards went to Ringer's place about the 13th or 14th February, at Southgate Road, Hoxton—I saw some black oats there; nearly a sack: some close to the door outside; not any hay—Fox asked if he had any dealings with Johnstone, 776, Old Kent Road—Ringer said "I have had dealings with Johnstone; all the hay and corn came from Johnstone's"—I asked him if those oats outside the door came from Johnstone—he said "Yes"—I said "Have you any more?" and I understood him to say he had not—I asked him to allow me to weigh the oats, and he gave me half a gallon to weigh them in—they weighed 2 lbs. and a quarter good weight—there are eight gallons to a bushel—I said there were from 371bs. to 381bs., and I believe they were the property I sent for my master—he said again they were what he had from Johntsone—I looked inside the shop and found underneath some white oats, eight or nine sacks of the same sort—I asked him about the hay, and he said he had sold it—
I said "These are more of the same oats?"—he said "Yes"—what I have stated is the nature of my interview at his house. (Documents handed to witness.) These were received by my master—I believe them to be my master's.
Cross-examined by MR. GRIFFITHS. My master bought four ricks of hay; they contained 86 tons, which were paid for—I sent up to London about 800 odd trusses—I believe there are 40 trusses to the ton—my master gave 6l. per ton for it—there are four trusses less to a load than there are to a ton—each truss, as usually cut, would weigh half a hundredweight—generally we buy oats by weight—I think white oats weigh a little over black—the oats I sent up to London weighed over 37 lbs. to the bushel; the oats were weighed by Detective Kimber, in the presence of Mr. Wood, a corndealer, and fairly; they weighed over 37, good weight—I believe the name of Ringer was over Ringer's door—I went into a large yard; there were temporary partitions, which made two other yards—Ringer went into the yard; I saw him there at first—I do not remember whether he came up to Fox or Fox went up to him—I was 5 yards behind—I did not see Fox read or say to Ringer he had got a warrant for his apprehension; I saw him with the paper—I have not the least doubt he was reading it—I heard Ringer say "Yes, I know Johnstone; I have had transactions with him"—Fox said "Have you had any transactions with him lately with reference to hay and oats?"—Ringer said "Yes, I had about 20 quarters of oats and 7 tons of hay from him," and he said he sold the hay—I do not recollect Ringer saying "I believe I gave him a cheque for the hay and the oats"—I think I heard Mr. Fox say "It is a long time ago; has that cheque been returned to you from the bank?"—I am not sure that Mr. Ringer said he had not received them back from the bank yet—I heard Mr. Fox ask him if he could give the name of any single person he had sold the hay to—I cannot say that he said "I sold some to Mr. Briley, a carman, in Bermondsey "—I heard Mr. Briley swear that he did sell him some—some of the conversation took place in the yard and some in the shop; I followed Ringer and Fox into the shop—I there saw the sacks containing the black oats—I said then "I think this is my master's corn"—Ringer at once said "Yes, that is some that I bought from Mr. Johnstone"—I found at Ringer's a vast quantity of corn—by the shop it did not appear to me that he was a dealer in a very large way—there was a large quantity of all sorts of corn there; I never noticed carrots—I did not notice in the yard four or five horses—I did not go into the loft; I saw some sacks at the loft window—I do not know whether Mr. Fox went up into the loft—I do not recollect seeing some vans there—I never noticed any cabs—I do not think Fox overheard all the conversation I had; I do not think he swore that—he was present—I do not know that Fox took away every bill and invoice and receipt that Ringer had on his premises—I saw the bills—I did not see Fox take those away.
Re-examined. I had a conversation with Ringer, and so did Fox—as to the sacks and corn, Ringer and Fox saw all—I never noticed a grey gelding there.
Cross-examined by MR. GRIFFITHS. I know nothing of the receipt of Johnstone's for the hay and corn—I was not at the police-court, my brother was there—I have not seen Humphries write, but I have received letters from him and conversed with him on the subject of those letters.
MATTHEW FOX (Police Inspector M). I received information of the alleged obtaining by false pretences of this hay and corn—I saw the last witness, Baker—I obtained a warrant and went with Baker to Ringer's Place, 43, Southgate Road, Hoxton, where he carried on business—I saw Ringer in the yard adjoining his house—I went in through the gate from the street—goods can be delivered into his yard from the street without going into his house—I read the warrant to him and told him there was a man named Johnstone in custody for the same offence, George Johnstone, of 776, Old Kent Road (it is the Johnstone who lived at that address and who has committed suicide or died since this charge)—Ringer said "I know Johnstone and I have had many dealings with him"—I asked did he buy any corn or hay from him lately—he said he had bought from him 6 or 7 tons of hay and 20 quarters of oats—I said "Have you any documents in your possession relating to that transaction?"—he said "I have not"—I said again "Have you any bill, receipt, or invoice for the oats or hay?"—he said "I have not"—I said "Have you got it in your possession now?" the oats and hay—he said "I have sold them"—I said "Have you paid Johnstone?"—he said "I gave him a cheque on account, for 20l."—I said "It is some time since this transaction took place, has that cheque been returned from your banker's?"—he said "No, it has not"—I said "This has been a large quantity, can you tell me any one to whom you sold it?"—he said "No"—after a moment or two he said "I sold some of it to a carman named Briley in Bermondscy"—I said "You acknowledge buying 20 quarters, those 20 quarters were in forty sacks, can you show me a single sack they were sent up in, belonging to Baker"—he said "No, I have not got any, they were shot in my shop when brought here"—I then made the remark that there was no space to shoot oats, not enough to shoot one, much less forty—there was no space, it was a remarkably small shop—he said "That is all I can say to you"—we did not find any of the hay upon the premises—we found nine sacks of oats—this was the 11th February—I looked round his premises and found in the shop covered carfully over with sacks, seven cases of champagne—his name was over the door and "corn dealer"—I found a chest of tea or a half chest, 50 lbs. or 52 lbs.; also several pound or half-pound packages of tea—I found in the loft over the gateway 500 sacks in bundles, there was no name upon them—I found a very large quanty of fine barley there and a large amount of corn beans—I counted twenty sacks in one place of the same quality—I found also a sack lifting machine, three or four barrels of cyder in the yard, and a very large amount of miscellaneous property belonging to a corn dealer—I asked him how these things came there and he said he knew nothing whatever of the champagne, it belonged to his son—he said "I sell tea"—we were then standing at the counter in the shop and I said "You have no weights or scales to retail or sell tea"—he said "I sell it in packages"—I said "Even packages would require weights and scales"—then he said shortly "I know nothing more about it"—I took him to the station, and he was charged—he said previously he had had many dealings with Johnstone—on this occasion he said "This is the first dealing I have had with Johnstone and I am sorry for it"—he was taken before the Magistrate and remanded—I know the place of George Johnstone, 776, Old Kent Road, but 1 have never been in it—I asked for his books, the only one I found on him or on his premises I have here (producing it) he had no day-books, cash-books, or ledgers—I could only find a cheque-book and a large number of receipts on a file, they are here—I said "For a man who carries on a large business, where are your books"—he said "That is all the books I have."
Cross-examined by MR. GRIFFITHS. There has been no charge against him for the champagne and the tea, nor the sacks—I saw the receipt produced at the police-court for the champagne—I found a great deal of corn of all descriptions, such as I should expect to find in a corn dealer's shop, who is doing a large business—the greater part of the shop was crowded with sacks—there were not nearly 5,000 sacks in the loft, but 500 in bundles—there were many hundreds—I do not know whether you would term them sea bags—they were not what was used for oats—I have got them—there was a great quantity of carrots on the premises—he may have purchased carrots when in business, to the amount of 20 tons per week—I did make inquiries, but only of one or two persons, and ascertained that he had been in business for forty years—I knew he was a salesman in Spitalfields Market for years—I was told twenty years—the yard was a large one, and there are partitions put up which form out of the large yard two smaller ones—I did not see horses there—I saw cabs and vehicles there—I remember seeing two cabs; I knew they were Ringer's property—I found a van with his name upon it; such as a corn dealer would have to use in the ordinary course of his trade—I have ascertained that he was in the habit of keeping as many as five and six horses sometimes—I cannot say that he had four or five horses about this very time; he might have had—I have little or no doubt—Baker was with me in the yard; he did not keep close to me the whole time; in the yard he did—he would hear all the conversation I had with Ringer in the yard—when I read the warrant Baker was close enough to hear what he said—we all three went into the shop—I really could not say whether Baker went in first, or me—Baker said he saw a sack of his master's corn outside the door—he said "Come outside and I will show them to you"—what they said then I could not hear; there were two saoks outside the door, one of white and one of black oats—Ringer said "I think I bought those also of Johnstone"—he is a man over sixty living at the shop with his wife—he told me he paid one cheque for 20l. on account—I remember Mr. Partridge asking if he could get that cheque, and on the next occasion his producing it; the cheque is dated 21st or 31st, it seems to be altered; there were two other cheques produced—I saw a receipt produced for the oats and hay before the Magistrate—there is a cheque for the 25th, and one for the 31st (examining)—Idid not go into Johnstone's place, Kimber did—I took all these nine sacks of oats—I did not ascertain that a quantity of these very oats were sold by Johnstone to a Mr. Wood, a corn dealer—I ascertained that some were sold by Johnstone to a Mr. Clark—I should say Clark was not a respectable man—these oats were taken possession of by my directions—they have not been returned to Mr. Clark—they are stored at Mr. Wood's; I believe by Baker—I do not know Clark—there is no charge against him—he gave them up to Baker.
Re-examined. I asked Ringer if he had any documents in reference to this transaction, and he said distinctly he had not—at the police-court the receipt and cheques were produced on different occasions—on 12th February, 30 documents were produced, he was remanded then for a week, at the end of which a receipt was produced—I cannot say that one cheque was proluced at that time—I think one cheque was produced; he was remanded again or a week, and further again for a week, and I think it was the fourthremand hat two other cheques were produced—this a bank book, a cheque book; it was not produced before the Magistrate, he asked for it—no counterfoil of these cheques nor bank book was produced—they have never been produced
yet—the yard is a straggling place, fully five or six times as big as this Court, June 1st, 1876.
M. FOX (re-examination continued.) I found the owner for the tea yesterday evening—the tea has been obtained by Hall—I am not aware that Mr. Wood, corn dealer, of Bermondsey, has brought some of the self-same oats from Johnstone—I have inquired and am informed that he has not—Mr. Wood did not give me that information—he is here.
FREDERICK BAKER (re-called). The first consignment of hay was on the 12th—before I sent up any hay or oats I sent up samples of both to Johnstone—I think it was about a week before. (The various consignments of hay and oats, and the dates were read.)
RICHARD KIMBER (Detective Officer). I took Johnstone into custody on the 9th February—I knew the place where he carried on business—I have watched the place outside—I have been inside—he had not carried on a real business—there were a large quantity of bags of sawdust representing flour bags in the shop—I found a large quantity of eggs obtained from Hampshire by him (Johnstone), and biscuits—all the goods found there have been the subject of charges and the persons are here—I had had complaints some months previously—he had been carrying on this business under my special notice for two or three months—he lived upon the premises—I did not know Ringer until I accompanied Inspector Fox on the day he was apprehended—I was present when he went there with Baker—I was not in Court yesterday when the evidence was given by Fox—I did not hear all the conversation, some time I was in the yard and some time in the shop.
Cross-examined. We all three went in company to Ringer's—it is quite right that we all three went into the yard close together—then Fox read the warrant to Ringer and asked him many questions—on leaving the yard we all three went into the shop together—at the first examination I heard you cross-examine Mr. Fox—I cannot remember all that was said—there was a receipt handed to the Magistrate—the cheque was produced on the first or second remand, I think—I do not remember whether there were three cheques—Mr. Ringer was admitted to bail—I do not know of the applications at this Court for adjournment—I found a great deal of Mr. Mundy's hay upon Johnstone's premises; some tons it consisted of.
RALPH HAWTHORNE . I am a clerk at the London and Brighton Station, Willow Walk—I have the delivery book. (Producing it and referring to the 18th January.) I find an entry of 208 trusses of hay to George Johnstone, Old Kent Road, from Berwick Station, consigned to him at the Willow Walk Station—on the 29th January I have a delivery of 160 trusses to Johnstone—the book is signed by Edward Cook—I recognised the man at the Southwark police-court—I asked him at the station if his name was Cook and he said "Yes"—I believe he was Mr. Ringer's son.
Cross-examined. I was not aware that the name on the cart that came for these goods was Cook—parties that come for goods do sometimes sign in the name on the cart—the name of Cook was only signed once, on the 3rd.
Re-examined. The person who gave the name of Cook I saw at the police-court—I was in Court part of the time he gave evidence—I know from what took place there that he asserted he was Ringer's son.
RICHARD COOPER . I am delivery order clerk at the Willow Walk station—I have got the book with me (produced)—on 2nd February I find 129 trusses of hay, and 130 consigned to Johnstone—Johnstone signed for it himself.
WILLIAM BARNETT . I superintend the delivery of hay at the London and Brighton Willow Walk Station—I have the delivery book here (produced)—on February 2nd I find 129 trusses of hay signed for by George Johnstone—on the same date there was delivered ninety trusses signed by Smith—Johnstone was not there that day—on the 3rd February 120 trusses I delivered to Wood, and signed by him—on February 2nd there was an order come up to stop delivery—after the 3rd none was delivered to Johnstone.
Cross-examined. I was before the Magistrate—I have never seen the man who signed himself Smith since.
JEREMIAH JOSHUA O'CONNELL . I am a clerk at the Willow Walk Station—I have my book with me (referring)—on the 18th January, twenty sacks of oats were sent from Eastbourne, consigned by Baker to George Johnstone, of 776, Old Kent Road—they arrived at Willow Walk Station on the 19th, and were delivered on that day to H. Smith, on the delivery order of Johnstone—on the 28th January there was consigned from Kimberley of Uckfield, forty sacks of oats to George Johnstone, 776, Old Kent Road—they were delivered on the 28th January, to H. Smith, the same writing and the same man—on the 31st January, from Kimberley, again, consigned from Uckfield, forty sacks of oats to George Johnstone, 776, Old Kent Road—they were delivered on the 1st February, the day they arrived at Willow Walk, to George Johnstone himself.
Cross-examined. I saw Smith—I was before the Magistrate—I have not seen Smith since I saw Mr. Ringer's son there—he was not H. Smith.
WILLIAM BRILEY . I live in Bermondsey Square, and am a carman—I know Ringer—he offered to sell me some hay in January—I bought some two loads at 6l. a load—it was delivered to me the same day—my note is made out on the 20th—about three weeks after, I met him at the Repository Barbican, and bought 10 quarters of oats for which I gave 24s.—he asked 24s. 6d.—they weighed 36.
Cross-examined. 24s. was the full value—I should not have given him 24s. 6d.—I told him I could buy oats weighing 38 at that money—what I paid for the hay was a fair price—I was buying at the same rate in Whitechapel—the oats were represented to be English, and that is why I had them—they weighed under 36—I did not purchase any more hay—I had not known Mr. Ringer very long.
JAMES HUMPHRIES (the prisoner). I have pleaded guilty to this charge of conspiracy with Johnstone and Ringer, to defraud the owner of this hay and oats—I know Ringer, and I knew Johnstone, who carried on this business at 776—I knew the character of the business, and the letters written were in my handwriting—I was aware of the delivery of the oats and hay by the receipt and advice note of the railway company—my first acquaintance with Ringer was in 1873, when I came out of prison—I have been connected with others who have had dealings with him—I knew what became of these oats and hay—these delivery orders, so soon as I wrote them out, were taken by Johnstone, and I sometimes went with Johnstone to Ringer's—when I wrote the first letter to Eastbourne and Mr. Mundy agreed to send on the hay, Johnstone and I went on to Ringer's to see what he would give for it—it was agreed that he would go and look at it, and ultimately arranged that he should give 4l. 10s. per ton for it, and take it from the station—the carriage of it was 10s., leaving 4l. net to Johnstone—Ringer went to Johnstone's on one or two occasions about it—concerning the oats,
I wrote the letters, and when delivery orders were required Johnstone came to me to write them out—when there were not any delivery orders he would go himself—I went with Johnstone to Ringer when the price was arranged for the oats, which was 19s. per quarter, Johnstone was to receive from Ringer—Ringer was to fetch them from Willow Walk Station, 30 quarters—Mr. Mundy sent up a small sample of hay and oats—Johnstone received two cheques from Ringer, as far as my knowledge serves me—I was not at the police-court—this receipt is Johnstone's signature.
Cross-examined. I believe it is a fact that Johnstone has hanged himself in gaol—he was not so good a writer as myself—I found him truthful to me—he certainly did not give me a share of the money; I had some, or I could not have lived—I wrote a detailed account through the gaol to the "Daily Telegraph"—I did not mention anyone or any connection, I simply offered to do so—I did not tell my tale to Mr. John Wontner—I have seen a Mr. Wontner certainly in prison, last Saturday I believe it was—I had no one to consult what the effect of these indictments would be—I did not want to give evidence; something was mentioned about it—I wrote to know whether the prosecutor intended to press the indictment for false pretences, because I did not consider I had been guilty of a false pretence—I acknowledge I have been guilty of conspiring—in the course of the statement I said I heard Ringer had absconded, and that is what introduced the conversation of Ringer—I did not suggest I would give evidence—I sent the detailed statement to a confidential agent for the prosecution—there were a series of communications, about seventy pages of foolscap, sent at different times, about two months ago.
Re-examined. I was charged with several frauds, and I wrote to ask if the Mr. Wontner that prosecuted at Bow Street would kindly call and see me—he did so, and nothing was said about giving evidence—I entrusted my letters to an inspector; I did this with the view to explain what wrong I did and what I did not do, because there were several other writers besides me, and the evidence which would be against them was being heaped upon me, and I had not a penny to get a defence.
By THE JURY. The amount Ringer reckoned he owed Johnstone was over 80l.
Witnesses for the Defence.
EDWARD BRAMLEY . I live at Edith Place, King Edward Street, Mile End—I am a carman—I know Ringer—I have known him, in business, seven years—during that time he has borne the character of a straightforward man of business—on the 20th January last I bought a load and a half of hay of him and paid at the rate of about 6l. per load, the fair market price—about the 1st January I bought another load and a half at the same price—at the police-court I was shown a sample of hay which is the same kind as I bought of Mr. Ringer.
EDWARD ROBERTS . I live at 67a, Bermondsey Street, and am a carman and contractor—I have known Mr. Ringer for twenty-five years in business—I have never known anything to the contrary of his being an honest and straightforward man—about the 19th January I purchased thirty-six trusses of hay at 6l. a load—the hay I bought of him was similar to what I saw at the police-court.
ALFRED JACOBS . I live at 14, Billiter Street, and 130, London Wall, and am a carman—I have known Ringer quite well for about eighteen years—if he had not borne the character of a straightforward and honest man we
should not have dealt with him—in January last my partner bought thirty-six trusses of him at 6l. per load, the same as I saw at the police-court—it was a fair price.
NATHANIEL WOOD . I live in Bermondsey Street, and am a corn dealer—I bought some hay at the railway station, delivered to Johnstone's order; I bought it of Mr. Baker—the hay and oats came from Clark's to my premises—I sold some of the hay afterwards to Briley for 5l. 10s. a load; that was what I fetched from the railway station—I was present when the oats were weighed before Kimber and me, they weighed 37 lbs.—other oats that I fetched from Kingsland weighed 35 lbs.—what I brought from Mr. Ringer's were taken to Southwark police-station.
Ringer received a good character.
GUILTY of receiving the goods, knowing them to be fraudulently obtained — Judgment respited. (See Half-yearly Index.)
Friday, June 2nd, 1876.
431. RICHARD MAY (57) , Unlawfully obtaining 4 tons of coal, 6 tame chickens, I ton 5 cwt. of straw, and a carriage, of divers persons. MR. BULWER, Q.C., with MESSRS. BEASLEY and DICEY conducted the Prosecution; and MR. HARRIS the Defence.
ROBERT BELL (Detective Sergeant M). On Saturday night, 12th February, I took the prisoner at his shop, 1, Guildford Street, Walworth—it had formerly been a baker's shop, but there was nothing in it but a quantity of paper bags and three sacks of dessicated grains—there were three bins on the right hand side, containing about 2 inches deep of crushed beans, and another bin 6 inches deep of dessicated grains, and on a shelf round the shop towards the ceiling there were about" 100 paper flour bags full of crushed grain—"R. May, baker and corn dealer, 1, Guildford Street, Portland Street. Bakings carefully attended to," &c, was on the bags—there was an oven, but I should think it had not been used for twelve months—I also found some old tins very mouldy, a mildewed trough, and some calico bags containing a kind of snuff manure—no baking was carried on—I searched the prisoner's rooms, they were in very poor condition—the backroom contained a lot of scales and weights and tins such as would be used by grocers—I found no tea, but tea is mentioned on the bag—there was not the slightest indication of any trade—I told him I should take him on a warrant for being concerned in conspiring with Day, Hall, and Ringer to defraud people in various parts of London and the country of their goods, mentioning hay, straw, corn, and other things—he said that he know nothing at all about them or about the goods—he said "I know Ringer very well, I have known him a number of years"—I mentioned things which had been obtained from Southampton by Day at 23, Snow's Fields—he said that he knew nothing at all about it—I said that he formerly rented the shop at 23, Snow's Fields—, he said "Yes, I know that, I let it to Day"—he said that he had left the company, meaning Hall, Shaw, Ringer, and a lot of long firm men, and that he had been travelling in the tea trade and selling tea—going to the station I mentioned that a carriage had been obtained from a gentleman at Brighton—he said "Yes, I had the carriage, but I have sold it"—I have known the prisoner over twenty years, generally by the name of May, but also by the names of Hall and White—he has been living in all parts of London—I had occasion once to go to 287, Kent Street, where he was trading in the names of Hall and White—that was the usual kind of long firm business.
Cross-examined. I have been in the force twenty-two years—I do not always say things to persons I intend to apprehend, that I may repeat them against them; I told him the charge on the warrant—a cornehandler told me that this is dessicated grain—I took it as trash; I know it was not flour—I do not know that it is worth 7l. 10s. a ton—I should think the grains are what are produced from a brewery—I have seen large conical lumps of sugar in shops in London, and know that in most small shops they are dummies—I do not know whether those in the big shops are genuine, but a respectable firm would not do it—I have seen a bowl of gold coins in a jeweller's window; I do not think they are real; and I have seen a chemist's shop with blue, crimson, and yellow bottles; I do not think that they are genuine—I knew from its appearance that the oven had not been baked in for a year—I did not smell it, but I knew from its appearance; it was all dust, and thick with dirt—here is on the bag, "The best tea, 2s., 2s. 6d., and 3s. per lb."—the rooms upstairs were very poor—I know that there are poor and struggling tradesmen as well as rich ones—I do not think that because the prisoner was poor he would necessarily make a false pretence in buying half a dozen old hens and cocks—I have answered from a general knowledge of the man—the trough was an inch deep in mildew.
Re-examined. When I see those beautiful things in a chemist's shop I can get a black draught and a blue pill there if I want them.
FREDERICK AUGUSTUS NEW . I am a coal merchant, of 4, Gracechurch Street—on 19th October my clerk brought the prisoner into my private room—he handed me a card, and said that he was introduced by the person whose name was on it, Mr. Mogg, one of my collectors—he said that he wished to enter into the coal business, and Mr. Mogg had recommended him to see me on the subject—I asked him what he was, and he handed me this card (produced), "R. May, baker and corn dealer, 1, Guildford Street, Walworth, Surrey. The best tea, 2s., 2s. 6d., 3s. per lb,"—I read it, and he told me he had been doing a good baking business, but that his son was lately married, and he was making that business over to his son, and wished to occupy his own time in the coal business; it was arranged that for the sale of coal to private friends, of one ton and upwards, he should act as my agent—I filled up the body of this document, and saw him put this signature to it—I supplied him with two tons of house coal at 22s. 6d. and two tons of seconds at 25s. 6d. per ton—I subsequently received this letter, "October 22nd. Sir,—he kind enough to forward me two tons of each coal, the same as before, the first thing on Tuesday morning. Yours respectfully, R. May."—I did not send it, but sent my collector, Mr. Thompson, down—the value of the coal I supplied was 4l. 16s.—I wrote to his references, but only one answered—I have applied several times, but have never been paid for the coal—I believed the statement on the paper, "R. May, baker," and so forth, and the representation on the card, and that he was sent to me by Mr. Mogg; that naturally influenced my mind in letting him have the coal.
Cross-examined. I have several agents, and this is the form in which I appoint them—it was partly on his card, and partly on his statement that he was doing a good business that I let him have the coals.
JOHN MOGG . I am traveller and collector to Mr. New—T do not know the prisoner; I never saw him and never recommended him—I afterwards went to his premises and asked him for the money for the coal—he did not pay me; he told me to send Mr. New and he would see him—I never gave him my card.
Cross-examined. I give away a good many cards in a year—I do not know each of the persons to whom they are given—I did not know the prisoner before this.
FREDERICK KINSWELL . I am a coach builder, of St. Martin's Lane—there is nobody else of that name there—when I first knew the prisoner in 1846, he was one of the superintendents of the Parcels Delivery Company—I do not think I ever authorised him to make use of my name as a reference.
GEORGE MOON . I am a hay merchant, of Goosey, near Farringdon—in November last, I advertised some straw for sale, and on 25th November, I received this letter (produced)—I wrote a reply, and on 27th November, I received this document (produced); after which I sent 2 tons, 11 cwt., 3 quarters of straw, addressed "R. May, 1, Guildford Street, Walworth," from Goosey Station to Paddington, by the Great Western Railway, the value was 8l. 8s. 3d.; I afterwards received these two other documents—I applied by letter several times; but never got a satisfactory reply—on 13th December, I came to London, and went to 1, Guildford Street, where I had seat the straw—I saw the prisoner there and said, Mr. May, I presume"—he looked at me for a moment and said "No, my name is not May, Mr. May is not at home"—I said "I am sorry, for I have come on purpose to see him; I want him to pay for some straw and to see him about a further supply which he has written for"—he said that he would communicate with Mr. May on his return—I sent the straw because I thought I was dealing with a respectable man, from his style of writing, and from the papers.
Cross-examined. I had no doubt of him when I saw him at the police-court, nor have I the slightest doubt now that the prisoner is the man.
JOSEPH THOMAS MASSON . I am a clerk at the Great Western Railway, Paddington—on 4th December, a truck of straw was delivered there by Challow, addressed to May—on 8th December, a man came for it, and to the best of my belief, it was the prisoner—he presented this advice, and I gave him this delivery order (produced).
F.A. NEW (re-examined). The signature "R. May" to this delivery order is the prisoner's writing; I have no doubt of it.
REV. JOHN HULF DIXON . I am a clergyman, of Leeds, near Maidstone—in October last, I advertised in "The Kentish Express," that I had some chickens for sale, and received this letter from May, a baker and corn dealer, in Walworth—this card (produced) was enclosed. (Letter read: "Sir, yours is to hand; send lowest price of the birds you have left; I will purchase those six, and request you' to send them at once, R. May.") I sent off the chickens and informed him of the price—I parted with them, believing I was dealing, as I have always done, with an honest man, from those papers—the value of the chickens, basket and carriage was 1l. 17s. 6d.—I wrote eleven letters altogether, and afterwards received this letter. (This was from the prisoner, addressed to The Bight Honourable J. H. Dixon, Leeds, apologising for not having sent a remittance.) I then came up to London, and communicated with the police.
Prisoner. That letter never came from me.
Cross-exumined. I believed I was dealing with a respectable man, from these bill heads—I should not have sold the chickens if I had not thought he was a good man—I hope they are all good people at Leeds; I am curate there—I sent up six fowls, they were all cocks, and as they were late birds 1 let them go. cheap, and because I had so many, they were Hamburghs.
Brighton—in December last, I advertised a carriage for sale in "The West Sussex Gazette," and received these two letters in reply, with a printed heading "R. May, baker, and corn dealer, &c," but I received a printed card before that—I sent the carriage up because I thought from the heading of the letter that he was a respectable tradesman—it was worth 10l.—I was not paid and I came to London on Christmas night, and called at May's house twice before seeing him—I got plenty of excuses and no money.
Cross-examined. It was an open Clarence; it was not new, or it would have been worth 70l.—it was old-fashioned, but fit for a country station—I could have got 15l. for it if I had kept it till the season—I gave him no credit, he promised the money by return of post—he told me that he was going to see a man named Golden, who he thought would be very likely to buy it, and if I would call round in half an hour he would let me know—I went round in half an hour, and he said "I have not seen the old man, and his son has gone into the country and will not be home before Wednesday or Thursday, being holiday time"—I could not wait, and asked him if he could let me have the trap—he said "Not without paying 2l. expenses by railway"—I had inquired the price before I sent it up, and I found it was only 17s.—I understood that he wanted it for himself, and not to sell again—I did not send it on approval—I expected him to send the money back.
MR. HARRIS submitted that the prosecution had not negatived the fact that the prisoner was carrying on business as a baker and corn dealer, and that mere exaggeration of the amount of his business would not be a false pretence, for, though the shop was empty, he might have sold out, like a butcher on a Saturday night; secondly, that the prosecutor had not negatived the fact that the prisoner wanted the coal to deal with in the ordinary course of his business; and that it was impossible for them to negative the state of a man's mind. The Court left both questions to the Jury, taking a note of the objections.
GUILTY Judgment respited. (See Half-yearly Index.)—
432. WALTER FRANCIS (45), and FREDERICK BEAVAN (59) , Unlawfully conspiring to defraud Richard William Leightup, of 500 envelopes, Other Counts—to defraud other persons, of timber, stationery, and other articles; also for obtaining the same by false pretences.
MR. BULWER, Q.C., with MESSRS. BEASLEY and DICEY, conducted the Prosecution; and MR. MOODY defended Francis.
HENRY WILLIAM FLOWER . I am an independent gentleman, living at Shepherd's Bush—No. 134, Bermondsey Street, belongs to me, and I let it to the prisoner Francis on lease last June, to carry on the business of a matting manufacturer—he occupied it till 20th November—no name was put up, and no business was carried on—I do not know Beavan—I got no rent, I saw no goods on the premises, and the place was not even furnished—I had to resort to extremities, and had to pay him out.
Cross-examined. There was no dispute between Francis and me—a warrant was granted, and I went before the Magistrate in support of the charge—I gave evidence, and the charge was dismissed by some flaw—I was threatened with an action for false imprisonment—I paid 10l. and the place was given up to me; it cost me altogether about 60l.—I was represented by an attorney—I do not know that Francis is the patentee of improvements in matting—I only went to the premises three or four times, and from those visits I infer that no business was done, but he tore my place to pieces—the
premises have large folding doors opening from the pavement, and then you go into premises that arc at the back of the street—I went all over the place, there was no obstacle to my doing so; the lease was executed, but it was not taken up.
RICHARD KIMBER (Detective Officer M). I know the two prisoners—between June and November they occupied premises at 134, Bermondsey Street, and we had numerous complaints—"W. Francis" was painted in large letters on the outside gate, but no business was carried on; there was nothing on the premises except when they had property up from the country, and I then wired down to the people—from there the prisoners went into Hunter Street, and carried on the same business, which was nothing at all—I know them by the names of Vivian, Turner, and Francis—I saw both prisoners on the premises daily I might say.
Cross-examined. I possibly said before the Magistrate "I knew them in September and October last, living at 134, Bermondsey Street; I probably was not asked whether I knew them there from June to October—I saw them both there repeatedly during August—I cannot fix any specific occasion before August or after September when I saw them there—on one occasion only I went right into the premises, not only into the house, but into the yard and the warehouse—the dwelling and the outer houses are separate; I cannot say that I went into all the outhouses on that occasion—Francis did not come to me; we were waiting in the street opposite the premises to apprehend him on a warrant taken out by Mr. Flower; he was discharged—I did not arrest him on this charge; I cannot say whether he came to the Court when he heard the charge against him.
Cross-examined by Beavan. I mean the jury to believe that I knew you from June to November, and we had complaints against you from Gravesend about some hoops; there were also complaints about some soda and some envelopes—I asked for you, to enable the man from Gravesend to get in to the premises, in order to see whether you were the person who went to Gravesend, and he identified you—I had telegraphed to him—I saw you on the premises several times with Francis before I fetched the oats away—I did not communicate with you, because I was waiting for persons to take action by warrant, and then you would have been here long before this.
RICHARD WILLIAM LEIGHTUP . I am a stationer, of High Street, Borough—on, I think, 28th August Turner came there—I had not seen him before—he wanted some envelopes, with a die, and an address on them, which he wanted to look well for a respectable business—I showed him specimens and he selected one; the die was done, and five hundred envelopes—he also had five hundred envelopes plain, to go on with—"William Turner & Co., 130, Bermondsey Street," was on them—he also looked at some ledgers, and ordered some of a peculiar sort, and had one to use till the other was ready—he also ordered some memoranda forms, headed "William Turner & Co., drysalters, 130, Bermondsey Street. Ships'stores in bond or duty free"—he represented that he had another business, and as it was difficult to transact both, he thought of bringing the other business to Bermondsey Street, and he had "drysalters" struck out, and "wood, hoop, and timber merchants" put in instead; he also had the bottom line taken out, and it was stated at the time that the printing was to be paid for on delivery—he also ordered a quire of white blotting paper—he took away five hundred envelopes with him, and came afterwards and took further goods—I sent the goods home about 3rd September, but Mr. Turner was not at home—he
brought me a bill about 10th or 12th September—he had promised to give me a cheque on the Saturday previous, but I did not get there till 1.30, when the gates were closed—he said "You did not come on Saturday. I am now going to the bank, and as I come back I will call and give you a cheque"—he called two hours afterwards and said that he had been disappointed and had not sufficient there, but he had got a bill, and asked me if I would take it—I said "No, I don't take bills; it was to be a cash transaction"—he said "I don't ask you for any change; the acceptor, John Dixon, is a respectable acceptor, of 17, Granfield Street, Battersea, and I supplied him with goods a week or two ago"—I eventually took the bill, and afterwards supplied him with further goods to the amount of 33l.—I know Francis; he called on several occasions for goods for Turner, and he brought me a note purporting to be written by Turner—they once came together, and Francis said that he wanted two ledgers to be sent to Mr. Turner at Stroud; Tamer had said that he would send his man for the goods, and Francis afterwards came and I let him have goods to take away for Turner—I mentioned to Turner that Francis had had goods away for him, and he denied that he had sent him, and said that he got them on his own responsibility—Francis also introduced Mr. May (See last case), who had 2l. 18s. worth of goods, and brought a card with him, "which he showed to me in Francis' presence, who said that Mr. Turner had sent him round with Mr. May as a customer—I supplied him with a ledger, and then with another ledger—I have not been paid for any of those things—the total amount supplied to Turner and Francis was 44l. odd—I presented Dixon's bill at the South-Western Bank, where it was made payable, but there was no account there and never had been, and it was dishonoured—I then went to Dixon's place, which was worth about 25l. a year, and a shoemaker was at work in the back parlour.
Cross-examined. Francis introduced May about 6th October—Turner brought a note written on a bill-head, and not in an envelope—I did not open any account with Francis in my books.
Cross-examined by Beavan. August 28th was the first day you called—I called on you several times but never saw anybody there but a woman, George Bishop. I live at Battersea, and am the owner of 19, Granfield Street, Battersea, which is let out in two floors—a man named Dixon occupied three rooms on the top floor at 5s. a week—I never knew what he was—he left the place at the end of a week—his wife gave me a week's notice; I seldom saw him—he left about 10th or 12th September—he was occupying my place on September 1st.
JOHN NISBET (Policeman). I searched for Dixon but could not find him—I afterwards took Turner on a different charge in the name of Frederick Beavan, at 1, Guildford Street, Walworth, which Richard May was occupying, and representing himself as a baker—I took him in the name of Frederick Beavan, and on the way to the station he said that it did not look as if he could be guilty of such a charge, when respectable tradesmen like May, who had known him for years, had been his reference—I took Francis at 50, Alvey Street, Walworth, on a warrant—he said "Beavan came to me when I was living at 134, Bermondsey Street, and asked me if I could let him have a room for an office to carry on his business as a drysalter and corn merchant—I let him have a room at 5s. a week, and I further agreed to become his foreman in his business for which I was to receive 5s. per day and a commission on all goods I personally ordered,
and I neither had rent for the room as an office nor did I receive any remuneration for my services; I turned him out of my premises and have never Been him since"—I charged him on a warrant with obtaining a set of four books from Mr. Leightup—he said "Beavan sent me for them."
Cross-examined. I believe he said Beavan, and not Francis—I found on on him this copy (produced) of an agreement from Francis to Turner (dated 11th August) to take part of a house.
HENRY MOORE . I am a partner in the firm of Bucknell & Moore, timber merchants—I know both the prisoners—about a week before' 17th September, Turner came to my place and told me he was a wheelwright in a large way at 134, Bermondsey Street, and that he would send his foreman in one or two days with his van, to look after goods; he did not choose any—on 17th September the prisoner Francis brought a van and this note "September 17th, 1875. Please deliver to bearer the old ash plank as ordered yesterday and one pole plank. Yours respectfully, William Francis, 134, Bermondsey, London, S.E."—I saw to the loading of the planks; the value of the first load was 13l. 13s. 5d.—Francis represented himself to be Turner's foreman—this (produced) is the delivery note I gave him—he took the goods away and I afterwards saw some of them at Mr. Kingwell's factory—I sent a trustworthy man named Tilbury with Francis, who brought back this paper with Turner's signature—Francis came again next day for some more planks and brought this note "September 18. Please deliver to bearer the remaining part of the timber, and be kind enough not to keep them waiting as yesterday. Bearer will sign receipt note for me. Exchange the counterfoil, as the wrong one was sent yesterday"—he had sent the counterfoil the day before instead of his own receipt—he brought two vans and took away two vanloads of timber—I went back with him—two carmen drove the vans, but I kept Francis with me—the vans went to Mr. Kingwell's factory, who was away—the first van was unloaded before I got there, but I did not allow the second to be unloaded—I went into the factory and saw the foreman in Francis' presence and asked him whether he knew anything about the planks—he said "No"—I asked him if he knew the name of Turner—he said that he did not—Francis had told me that part of Mr. Kingwell's factory belonged to them, and that when Francis was at his house he was the head wheeler, and when he was out he measured timber and got 5s. a day for it—I told Francis that I did not like the look of it—he said that Turner would be there in a moment and if I would keep quiet everything would be satisfactory, that he had seen Mr. Turner, who wanted me to see Mr. Francis down at his office—he got up and said "Mr. Francis' office, where is that? some public-house, I suppose"—I said to Francis "Well, we had better go and see whether we can find him in a public-house"—we went down St.—Martin's Lane towards Trafalgar Square, and I just managed to see Turner behind one of the lions—I said "Who is that?"—lie said "I have not seen anybody"—I said "Go and see," and when we got there Turner was behind one of the buttresses—I said "Well, Mr. Turner, I have to do business with you, you are no more a business man than you are a swindler, and you must come with us to the factory and give us an order"—he said "I cannot, I am on business here"—I said "How long shall you be"—he said "Twenty minutes"—Francis and Turner and I all went to Kingwell's factory, and on the way Francis asked Turner when he was going to get his money—Turner said "I have got no money"—Francis seemed to take it rather coolly—while we were speaking privately with the foreman Turner got out of the factory
with the master carman, and he gave him a card saying that he would pay him his money in a week—I could not find Turner to give him in custody—Francis was there all the time, but I did not give him in charge—I parted with my goods because he told me that lie would pay cash on delivery and he felt for a cheque while he was in the office—he told me that he was a wheel right and that influenced my mind, because only wheelwrights use those goods—the last load went back to my place—the value of the whole was 23l. 18s. 6d.
Cross-examined by MR. MOODY. Only a verbal order was given to Mr. Kingwell to hold this timber—the card was not given to me, but to the master carman; the planking was kept there to my carman's order—I do not know that Mr. Kingwell actually sold it; we did not wish to give him any trouble in the matter, and if he thought fit he would pay Turner and we could summons him—it was with my consent that it was paid to Turner, that is the fact—we only told Kingwell that he could pay Turner; we never said anything about selling the timber—Mr. Kingwell did not write to us; I wrote to him and put the matter before him, or how should he know that we had been swindled?—Francis began abusing Turner when he got to the factory—Francis had told me that the timber was going to 7, Upper St. Martin's Lane.
Cross-examined by Beavan. The lion under which I saw you, was the one nearest to the National Gallery—you were not running up the steps, you were not quite behind the lion or I should not have seen you—I never called at your warehouse—after I had delivered these goods at Mr. Kingwell's I sent you an invoice—the three loads of timber were ordered at one time, but it was on two days.
FREDERICK KINGWELL . I am a carriage builder, of 7, Upper St. Martin's Lane, and have been there thirty-seven years; the whole premises are mine, neither Francis or Turner occupied any part of them to carry on the business of a wheelwright there; I have never known them as wheelwrights—Turner called on me before August 28th, we were then having in eight or ten loads of green ash plank from Luton, in Bedfordshire—he looked at it, and I said "It is of very prime quality, but it will not be useful for a couple of years"—he said that he had some fine dry planking he could sell, and asked me 10l. per load for it—I told him that it was excessive; I made a bargain for 9l. 15s., and then went with a gentleman for five weeks through France—I came back on 1st October, and found that during my absence a quantity of timber had been delivered.
Cross-examined by MR. MOODY. My foreman gave me a document purporting to be from Bucknell & Moore—I did not afterwards sell the timber—if there is any left it is on my premises now, but I should think it is all worked up—I paid Mr. Turner for it—I had not previously consulted Bucknell & Moore, but they sent me a letter authorising me to pay Turner, and they were satisfied to get their money from him.
By THIS JURY. It is the practice of the trade to buy goods in this way; for the last two months and for another month to come they bring up scores a week—I had seen Francis, but I had never seen Turner—this was for cash to take the goods at the door; we measure and find it correct, and then we pay.
Cross-examined by Beavan. I did not see the timber come, I was away; I did not pay you till October—the timber, I believe, came in September, three weeks before.
Beavan's Defence. I took the place with the view of doing an upright' good business, which I should have been able to do if the police had no come down upon me, and I was obliged to give it up. I had no dishonourable intention whatever. With regard to the bill, I gave it to Mr. Leightup in good faith. I had some timber coming from Horsham, and I sent it on to go on with. These things would have been paid for in a proper manner if I had not been suddenly stopped. I utterly protest against knowing anything at all of this firm. I called upon Mr. Moore several times, but could not see him; I only saw a boy, who said that he was in the country. I throw myself upon the merciful consideration of the Jury; and, whatever you say, I stand here as honourable a man as any of you.
GUILTY— Judgment respited. (See Half-yearly Index.)
Saturday, June 3rd.
433. FRANCIS RALPH HALL (25), and JAMES SHAW (56) , Unlawfully conspiring with other persons, to obtain large quantities of oats, beans, and barley, by false pretences; also for obtaining a horse from James Sims.
MR. BULMER, Q.C., with MESSRS. BEASLEY and DICEY conducted the Prosecution; and MR. MOODY defended Hall.
ROBERT STEWART FRAILL . I am in partnership with William Peek, as corn dealers in Walworth Road—on 7th or 8th March, about 8 p.m., Hall came in—I did not know him before that—he said "I want to buy some oats, for I have got a quantity of horses coming in to-morrow to Arch 146, Newport Street, Lambeth"—I sold him 10 quarters of oats—he wanted them before 1 o'clock; I said I could not deliver them all next morning as I had not got them at home, but I could send 5 quarters—he then bought 5 quarters of split beans to go with the 5 quarters, and they were sent next morning—he said "I will pay cash for this lot, but for future transactions I refer you to Haws, 37, Charles Street, Hatton Garden, who has been in the habit of supplying me with a large quantity of oats across the water, but his horses are not able to do all the work he has got, so he cannot send any over to Lambeth"—next morning I sent 5 quarters of oats, and 2 quarters of split beans to Arch 146, Newport Street, by my carman who had instructions not leave them without the cash—he brought me this cheque for 9l. 1s. 6d., the amount of the account; on the Birkbeck Bank, my partner presented it about two hours afterwards and it came baek—next morning 1 went with Detective Berry, to the place where the corn was delivered and found our empty sacks—the stable was a place not fit to put a horse in, and no horses were there—I did not find Hall there, only the landlord who I believe took possession next day—I next saw Hall in custody.
Cross-examined by MR. MOODY. I have been informed that on the next day, or the day after the cheque was drawn, 6l. was paid in—Hall led me to understand that he had horses at 146 Arch—it was I who suggested the beans.
Re-examined. The 6l. was paid in after he had got my oats and beans.
ROBERT MASON . I was carman in the employ of Fraill & Peek, but am not so now—on 8th March, I took these oats and beans to 146 Arch, Newport Street, I saw Hall, and after I had delivered the goods he said "If you will come up to the tap I will pay you"—that was to a public-house—I saw him write a cheque which he gave me, this is the receipt I gave him—I took the receipt to Mr. Fraill.
till he was taken in custody—I first went to the bank to present the cheque, it was not paid, there were no funds—next day I went to the bank again with the cheque and found that Hall's referee's addres was 37, Charles Street, Hatton Garden—I went there and saw the prisoner Shaw—I said "Is your name Haws"—he said "That is my name"—I said "In the course of a business transaction a man named Hall has given you as a reference"—he said "What Hall, there are so many Halls"—he pretended to be very deaf, and I concluded that he was considering what answer to give me—I repeated the question, and then he said that Hall had taken the business from him, and asked what our business was; I said that I was in the corn trade—he said "I object to be referred to by anyone"—he also said he would recommend me not to give him credit for he knew that he had no money; this was after the transaction, but I did not tell him whether I had done it—there appeared to be a little business carried on there, something was strewed about the window to represent a corn dealer's business, but there was no name on the door, there was a room at the back; I cast my eye into it to see if I could see our property, but could not—on 28th March, Haws, that is Shaw, came to me and said that he was instructed by Mr. Hall to pay me 5l., which he gave me.
Cross-examined by Shaw. I had delivered the corn when I went to you, or I should not have delivered it after what you said—it was not through you that I delivered it—you said that you answered to the name of Haws and knew Mr. Haws, but that you took the shop for your son-in-law of him—you did not say that you did not know sufficient of his means to give him a reference to induce me to give him credit—when you paid me the five sovereigns you said "Cannot you put 'on Hall's account here'?"—I do not recollect my clerk saying that there was a balance of if. 1s. 6d., nor did I say so, but that was the balance—my clerk has not been summoned here—I did not hear you say that you had nothing to do with the 4l. 1s. 6d., you had enough to do with paying your own debts; I was writing out the receipt—you did not ask me to send you any goods—I said at the police-court that I took the 5l. on your account; I have got it now, and you can have it if required—I took it from you, but no doubt it was on Hall's account.
THOMAS BERRY (Detective Officer P). On, I think, April 13th I saw Hall go intd a shop in New Church Street, Camberwell, and from a description Mr. Taylor gave me I thought it was Hall—I went in and said "I am going to take you in custody, Mr. Hall, I am a detective officer"—he pulled his scarf and coat off—I said "You had better keep them on, they will keep you warm, I am going to take you for a cheque which is returned from the Birkbeck Bank"—he made a rush to the door and pulled a sleeve off his coat—I wrestled with him outside about ten minutes and two females from the shop assisted in rescuing him—I got him into the shop next door, but he escaped from the back and got over several fences into New Church Road, where I captured him again after about twenty minutes' chase, and I took him to Carter Street station—I then went to his room at 78, George Street, Camberwell, and found a quantity of letters, an invoice or receipt from Mr. Fraill, of Walworth Road, a cheque-book of the Birkbeck Bank, and his wife handed me this bank-book (produced)—I went back to the station and told Hall that he would he charged with obtaining corn from Mr. Fraill by false pretences—he said "Oh! not on the cheque then?"—I said "No, that is what you will bo charged with"—he said "Why, I paid 6l. into the bank next day after the corn was delivered.
Cross-examined by MR. MOODY. Mr. Fraill was rather doubtful about him at first, he could not speak quite positively, but his foreman identified him—I had not mentioned the invoice then—I had a chat with Mr. Fraill at the station and showed him what I had found, and after that he became a little certain.
FREDERICK MORLEY HILL . I am accountant to the Birkbeck Bank, Southampton Buildings, Chancery Lane—this cheque signed "Francis Ralph Hall" was issued from our bank—the prisoner Hall had an account there—I was present when he gave instructions about opening the account on January 17th, 1876, and also on 3rd April when he drew out the balance—20l. was paid in to open the account and about 22l. since; 42l. altogether is all that has been paid in—on 8th March, when this cheque for 9l. 1s. 6d. was presented, the balance in the bank was only 11s.—other cheques for larger amounts were presented, between January and April, which had been drawn against his account, and they were brought to me to see that the technical answer was correct.
Cross-examined by MR. MOODY. I saw the signatures myself—I am not a cashier, but I saw the signatures because so many cheques have been dishonoured—I have seen Hall write—when he came to draw out his balance on the 3rd April I was called to the counter to take notice of him, because of the trouble he had given us—some of the cheques I speak of came in before the account was closed.
Re-examined. The cheques are all on penny stamps—these counterfoils in the cheque-book are similar to the cheques, and I think they are Hall's writing.
DANIEL MORGAN (Detective Officer). I have known Shaw by repute for some time, but the first time I knew him as Shaw was in February last—I have seen Hall several times—on 21st February, in consequence of complaints, I went to 37, Charles Street, Hatton Garden, and saw a young man in the shop, who Shaw afterwards pointed out as his son—he gave me the name of Thomas Haws—we had some conversation, but nothing material—two or three days afterwards I again called, and walked straight into the back parlour, without knocking; Shaw was sitting down eating his dinner; he jumped up and said "What do you want?"—I said "Mr. Haws, I think?"—he said "Yes, that is my name"—I said "Is this your shop and business?"—he said "Yes; who are you?"—said "I will tell you presently; I want to make some inquiries about this place; I wish to know who is the principal, and what his correct name, is"—he said "It is my business, and my name is Thomas Haws"—I said "Do you know a young man of the name of Frank Hall, who is (or was) connected with this shop?"—he said" Yes, I have known him some time, but I do not know where he is now; he owed me 10l., and handed the shop over to me in lieu of payment"—I told him who and what I was, and pointed to the young man who I had seen there previously, saying "That is your son, I think?"—he said "Yes"—I said '"'I know him as Thomas Shaw, and not as Thomas Haws"—he said "Thomas Shaw is his correct name, but I told him to answer to the name of Thomas Haws; he has lived with me at 163, Great Dover Street, Borough, but he now lives with me at 142; New Kent Road"—we then went to a. public-house to have something to drink, and I told him I was surprised to see him in a shop like that; he said "Well, the shop is not mine; I bought it for my son-in-law, whose name is Haws"—about the beginning of May I apprehended Shaw at 661, Old Kent Road, and told him that he would be
charged with Francis Ralph Hall, alias George Russell, for conspiring to defraud Mr. Fraill of a quantity of corn, and various other people of a quantity of goods—he said "How can you prove the connection between me and Hallf—I said "By giving references, and otherwise assisting him in his frauds' he said "I know Hall, but I never gave him a reference in my life, and I never gave a reference by the name of Russell, but I know the name"—I pointed to two letters on the table; he said "They are mine; I have just received them"—I said "What is your name now?'—he said "James Shaw"—the letters were addressed "William Henry Shaw, 161, Old Kent Road;" this is one of them. (This was dated May 4, 1876.) That was the day I took him—they were open, as they are now—Shaw told me that Hall had been living at 180, Gray's Inn Road, but I do not know it of my own knowledge.
Cross-examined by Shaw. It was on 21st February that I saw your son—I called to see who was carrying on the business, as there had beep complaints—he gave his name, "Thomas Haws," which I believed to be a lie; I was not satisfied, and said "Turn out your pockets, or I shall turn them out for you"—I found a number of letters addressed to him and you at 130, Great Dover Street, where I had had many complaints from—I left them with him; I took nothing from him—I heard no complaints against you at Charles Street, either in the name of Shaw or Haws—I did say to your son, "If you don't mind I will run you down to Scotland Yard"—I apprehended you at breakfast at 8 a.m., at the Old Kent Road—I found nothing in the house, not even furniture—I went to your other house, 11, Goose Green, and there was very little there—I searched you; when I take persons in custody I search them without a warrant—I did not search your wife; I never search women—I said to her "There is something suspicious, Mrs. Shaw; turn out your pockets, or I shall take you to be searched by a female searcher," and she turned out her pockets—I did not find anything but a number of papers half burnt; there was nothing worth bringing away, only ashes of papers—I found no receipts—I know a good deal about your family—Goose Green is on the other side of Denmark Hill—you did not say that you never gave Hall or any other man, any reference to obtain goods—two other persons were present.
LOUISA GUIGERI . I live at 37, Charles Street, Hatton Garden; I let the shop and parlour to Hall in the name of Ralph Francis Hall—he gave me as a reference Mr. Watson, 180, Gray's Inn Road, but on second considerations he said that he was out of town, and named. Mr. Shaw, of 163, Great Dover Street—I wrote to that address, and received this'letter. (This was signed "James Shaw" and stated that he had known Mr. Hall some years, and considered him a respectable man, and should have no objection to let premises to him, having no doubt he would make a desirable tenant.) After that Hall came and stayed from September till February—several persons came and made inquiries for him, but he was not there; he left in February without telling me that he was going, but I saw Shaw in the shop under the name of Henry Haws, and asked him about Mr. Hall—he said "Mr. Hall owed me some money, and I have given him something more and taken the business for my son"—Shaw stayed from the middle of February to 22nd March; I did not see him after that; he did not come at all, and Hall did not come back—Mr. Jones took the shop of Shaw, but in another line.
Cross-examined by MR. MOODY. Hall put in the stock of a corn dealer, and attended to the business.
Cross-examined by Shaw. You told me you bad taken the business for your son; you did not mention your son-in-law—you always gave me the name of Haws, and your letters were always addressed "Henry Haws"—you read the agreement to me for your son; you were there about a month and I never heard any complaints of you—I had known Mr. Jones thirty years; he said that the place was in a miserable condition, and asked me if it was likely to be disposed of—I told him to go and inquire, and you let him the place for 20l.—there was very little stock there; a van load came, but it went away—Jones is a news agent; you asked me to accept him as a tenant, and I did so—after that you paid me 7l., and gave me an I O U for 2l. 10s.—you gave me a 10l. note, but I gave you 2l. 10s. in change first into your hands—the rent was 40l. a year.
Re-examined. This is the agreement between Hall and me; this is his signature to it—I saw him sign it; I wrote all the rest—this I 0 U is what Shaw gave me for the 2l. 10s. in the name of Henry Haws—I have never got the 2l. 10s.
CHARLES WILLIAM JONES . I live at 37, Charles Street, Hatton Garden; I took the premises from Shaw in the name of Haws, about the middle of March—I paid him 20l. less 2l. on account of gas—I took these receipts from him; they are all written in the name of Haws.
Cross-examined by Shaw. I have no complaint against you—you left me your address on the back of this receipt (produced).
ROBERT BELL (Detective Sergeant M). I have known Shaw sixteen or eighteen years—I knew him last February living at 163, Great Dover Street, first in the name of Shaw and then as Simmonds—I have known him trading in various other names—I know Hall—I have known May about twenty years, and have frequently seen Shaw with him; they were weekly companions—I know Bristow; he was one of what we call the long firm; he is now doing ten years'penal servitude—I knew Shaw in connection with him, he took businesses of his in 1867—I have known Hall about four years; that is his proper name; he had a chandler's shop at 180, Gray's Inn Road, as Hall, but I once went into the shop and was answered by him in the name of Carter; I have also known him going by the name of Russell.
Cross-examined by Shaw. I have known you sixteen or eighteen years—these (produced) are my accounts written by myself—I have followed you round from shop to shop on my division—you have been a source of great trouble to me—I knew you with Bristow fourteen or fifteen years ago—I recollect you taking a shop of him in Gravel Lane in 1867, after which you Trent into the corn trade with Miller—a Mr. Shand was there, and you were pretty well all three connected together—I remember making a statement at Croydon to stop your taking a public-house—I remember your taking the Union public-house—I have not been reduced from a sergeant—I was reduced, that was for telling the truth—it is not true that the detective officers say sometimes "Well, we must get Bell and he will swear to anything"—I am only answering the facts—after you were in the house about two months in the name of Shaw, the name of Simmonds was put up and he was there daily—the business was oil and colour, spirits, and everything—Imade it my business to know you—we once seized 2 cwt. of hams and returned them to the party at York—it was Miller & Co. then.
WILLIAM DONCASTER . I am a bootmaker, of 171, Commercial Road—Mr. Turner, my landlord, is also landlord of 5, New Kent Road, Camberwell—I remember seeing Hall in reference to seeing No. 5, Church Road—I sent
him to my landlord—he gave the name of George Russell—he gave me this paper (produced)—the address he gave me where he was staying was written in my presence "40, Crawford Street, Coal Harbour Lane," not 140—b references are Mr. Haws, corn merchant, 37, Charles Street, Hatton Garden, and Mr. Shaw, 142, New Kent Road; 142, New Kent Road, is scatchedout, but it is repeated, it is all in the same writing—he seemed to alter his mind and then he repeated it—I afterwards received this letter from the landlord. (This was dated 29th February, 1876, from William Shaw: "Sir,—In reply to yours, I find that George Russell has been a tenant of mine some time He is punctual in his payments, and I do not hesitate to recommend him as a desirable tenant.") He entered into the possession of the premises in March in the name of George Russell.
Cross-examined by MR. MOODY. He paid 1l. deposit—I think he said that he was staying temporarily somewhere.
Cross-examined by Shaw, I took the 1l. and sent him on to the landlord that he might apply for the references.
EDWARD WALTER EDWARDS . I am clerk to Mr. Tebb, of Lombard Street, a dealer in properties—I saw Shaw there about taking an empty shop, at 609, Old Kent Road, which was Mr. Tebb's property; the rent was 70/. Per annum—he gave me the name of Shaw, 661, Old Kent Road—I asked him to write a letter stating his terms, as he would not give the terms we asked and he wrote this letter in my presence on 10th April—I believe he said he wanted the premises for his son-in-law.
Cross-examined by Shaw. The letter is not dated—there was, I believe, correspondence between 5th April and 4th May—I believe you wrote a letter on the llth April—you did not mention wanting it for an auctioneer's business—you mentioned for what purpose you wanted it in your letter.
EDWARD JAMES NORRIS . I am clerk to Messrs. Clutten, of 9, Whitehall Place, surveyors and house agents; they acted for Mr. Earl, of 142, Old Kent Road—those premises were let to Shaw in August, 1874—he gave two references which I have here; one is Shand & Co., pickle merchants, Green Bank, Tooley Street, and the other Mr. Payne, Mazemore Square, Peckham Park Road—he remained on the premises up to Christmas, 1875—I got no rent up to the time of his leaving, and to save bringing an action of ejectment we gave him 5l. to go out, which he readily accepted—we could never see him.
Cross-examined by Shaw. It was all done by letter—we never could see you—you agreed to put the premises in substantial repair and to take a lease, and we allowed you a quarter's rent for the repairs—you signed a draft lease—the house had not been empty some time when you took it; you took it on a repairing lease for twenty-one years—you did not finish the whole of the repairs—I called two or three times; I saw a man upstairs, the only time I could get in—I did not tell him I was perfectly satisfied with the repairs—Messrs. Clutten asked you to take up the lease, so as to be in a better position to enable them eject you.
THOMAS BLOMFIELD . I own a stable at 146 Arch, Newport Street—I know Hall by sight—he took that stable of me—he referred me to Mr. Shaw in the Old Kent Road, but I did not apply to him—that was about February—I saw nothing of him after I made the agreement until now—I got no rent.
Cross-examined by MR. MOODY. The reference came by post—here are three documents pinned together—I did not apply about them.
Cross-examined by MR. MOODY. I only saw him write once when. he wrote down two or three addresses—I believe he wrote this, but I cannot swear it.
HENRY FANAND . I live at 94, St. Paul's Road, Canonbury—in March last I occupied 661, Old Kent Road, which. I let to Shaw in March—I am not certain of the day—he signed two agreements in my presence—I asked for a reference and he gave me one at 142, New Kent Road, but I am not positive of the name—I think it was Barrett or Bartlett—T know it was two syllables—the other was Mr. Hows or Haws, in the corn trade, in Hatton Garden—I received this letter in reply. (Read: " Sir,—In reply to yours, I have known Mr. Shaw many years, he is a tenant of mine and a very good one, I have no hesitation in recommending him as an honourable upright man; Henry Haws, 37, Charles Street, Hatton Garden.".) I made a personal application at 142, New Kent Road, and saw a person who told me Shaw had been living there with him for two years and was a-very respectable man.
Cross-examined by Shaw. There, is no rent due at the Old Kent Road—you settled with me as regards the deposit and fixtures—these (produced) are the receipts I gave you—a young lady brought me this letter which I suppose came from you, telling me that you were agreeable to do anything amicable, it is signed "Yours truly, Shaw"—there is no initial.
JOHN NICHOLS . I am wine merchant of Sleaford, in Lincolnshire—in. February lost I had some barley for sale—I received, this letter of the 7th February. (This had a printed heading: Robert Francis Hall, corn and hay stores, wholesale and retail &c.; and requested 6 or 12, quarters of barley at 55s., to be sent at once, and that a larger quantity might be arranged for, at a less price.) I received another letter on the 8th, and on the next morning a telegram—he sent a draft on the Birkbeck Bank for the 20 quarters—53l. at ten days, in that letter and I wrote, acknowledging the receipt of it—I had not sent the barley off when I received that, but I afterwards sent it to King's Cross Station, addressed to Francis Ralph Hall, at the address he had given me—I presented the draft at maturity, but it was not paid—I have received no money—I have seen my barley—the police communi-cated with me first.
Cross-examined by MR. MOODY. It was the receipt of the draft which induced me to send the corn.
Re-examined. The heading of the correspondence also operated on my mind; I was deceived by the heading, I candidly confess, and by the way the letters were written, as they told me a customer at Sleaford had. recommended him, and I thought that was genuina.
By MR. MOODY. However favourably I might have been impressed with. the heading of the documents, I should not have sent the corn if: I had not received the draft; I sent the corn partly on the heading, and partly on the draft, but I should not have entertained the question at all if I had not seen the heading.
JULIAN HUDSON . I am a delivery clerk at the Great Northern Railway, King's Cross—on the 11th February some barley came up from Sleaford to Francis Ralph Hall—this (produced) is a copy of the invoice, which is at
our place, but I have an independent memory of the barley coming, and to whom it was consigned—it was fetched away by a man named Tottenham I have his signature.
Cross-examined by MR. MOODY. It was only one of the many hundred transactions that I have to attend to, but I should have known about it even if I had not had this copy before me—there were 20 quarters—I did not see it removed actually—it is not there now—here is the advice note that was sent.
T. BERRY (re-examined). I found these three letters before me at 78, George Street, Camberwell, where Hall lived—I had a man named Parry in custody who was given as a reference, and he was tried at the Surrey Session on 3rd May, 1871, for obtaining gold rings, and sentenced to six months' hard labour—he was living at Mazemore Square; he lived there after he came out, some time.
WILLIAM RANDALL WOOD . I am a sack manufacturer at Southampton—in last December I received this letter. (This was dated December 13, signed "F. Hall" and referred to a supply of sacks.) I answered that the same day, and I sent off 504 lbs. on 14th December—the amount was 23l. 10s. 7 1/2 d.—I received another letter, dated 15th December, from Hall, with the same printed heading (produced)—it acknowledged the receipt of the sacks—I received a letter of the 18th December enclosing this acceptance (produced) for 29l. 12s. 3 1/2 d. at seven days—the invoice was sent for this amount, but it was an error—I presented the acceptance immediately I received it; I simply inquired if there was such a person at the bank, the National Provincial; I made the inquiries six days before the draft became due—I have never accepted the draft; it is not signed—I wrote to Hall and told him I had made inquiries. (This letter—was dated 30th December; it contained the words, "The National Bank of England do not know you.") I received a telegram from Hall—on 3rd January I went up to Hall's shop—I did not see him—I was paid 5l., I could not say by whom, on 5th January, when I had promised to call—this was at 180, Gray's Inn Road—I received an order for sacks in the name of Haws on 17th December, 1875. (This stated that the writer had been referred to Mr. Wood, gave an order for sacks, and inquired how the money should be remitted.) I went up to London and looked at the premises, 58, Snow's Fields, the address given—I did not execute the order—I received another letter from the same person. (This inquired if the order—would be executed or not.) I did not answer it; I was satisfied.
Cross-examined by MR. MOODY. Of course I should have given credit for the 5l. I received, if I sued Mr. Hall—it was paid on account of this transaction—my terms are twenty-eight days, if not paid by cash—cash means 3 per cent, discount on receipt of invoice—on receipt of the money I should forward the goods—that is what I call prompt cash.
Cross-examined by Shaw. The date of the first letter is 17th December—I do not think I called before Christmas—I rather think I wrote to a Mr. Day, in Snow's Fields, about you—I believe the letter was returned through the dead letter office, marked "Gone away."
Re-examined. I had not known either Haws or Hall before receiving the letter.
By THE JURY. I parted with my goods believing the letter to be true, and the general appearance and style of it.
put an advertisement in the "Surrey Comet," of a horse I had for sale—I was living then at the White Hart, Willesden—I received a letter in reply' from Francis Ralph Hall—I answered it and got a further letter—I sold him the mare—I did not see him—I wrote again—I received a telegram—I had the mare still in my possession—I received a second telegram—I then received a letter with this cheque enclosed—the amount was 78l., 15s. upon the Birkbeck Bank—I did not send the mare, but went to the bank and made inquiries—I then went to 37, Charles Street, Hatton Garden—I saw a female; no one else—I went home and wrote another letter—afterwards the prisoner Hall came down to see me—I think Shaw was with him—I have no doubt of it, but could not swear to him—Hall told me he had sent a cheque—I asked him if there would be anything at the bank to meet it—he said "Have you been there"—I said I had—he' told me he had post dated the cheque for safety, and that on that day he had paid the money into the bank to meet the cheque, and that I was to bring the mare up on 22th January, he would go with me to the Birkbeck Bank, and the money would be there to meet the cheque; I agreed to go—on the Saturday, I got a telegram telling me not to come—I did not go and kept my mare—the cheque has never been asked for-since.
Cross-examined by MR. MOODY. He never asked to see the mare, and did not see it—I rode the mare to Maida Vale, and left her there for three quarters of an hour, in order that I might take a 'bus to the Birkbeck Bank—then she was taken back again to Willesden—he never spoke a word about the warranty of the mare—I did not receive a telegram not to go.
Cross-examined by Shaw. It was on Friday, January 28th, that these men came down to me—I did not take much notioe of the person that came down with Hall, but I believe it was you.
Re-examined. There were three persons altogether; Shaw was one of them to the best of my belief—I have not seen the other man since: I do not know who the third man was.
JOHN BARKER LANMAN . I carried on business as a miller at Hampstead—I was first acquainted with a man named George Bristow in Aylesbury Street—I had some transactions with him and afterwards with he prisoner Hall'; they began on October 9th, 1875—I first saw Hall at 180, Gray's Inn Road, in the shop—I vent in the ordinary course of business after my sacks—Bristow had removed from 37, Aylesbury Street, to 180, Gray's Inn Road—Hall had taken the shop, and was going to carry on business there—the prisoner handed me the sacks that Bristow had—I let Bristow have some flour—Hall said he did not know Bristow, that he had taken the shop of Mr. Watson, the landlord—the sacks he says were in his shop when he took it; he gave them to me—I had dealings with him up to January 11,1876 I supplied him with goods, and he paid me for them regularly at starting—I trusted him to be an honest, upright man—while dealing with him I received applications from George Johnstone for flour, of 776, Old Kent Road—the transactions with him amounted to 253l.
DANIEL MORGAN (re-examined). I know Johnstone, one of this gang charged—I know a man named James Humphries; I know he lived at 10, Char lotte Street, Knightsbridge; he was convicted here the other day of swindling; he was going under the name of C. Perry—I cannot speak positively as to letters; Sergeant Roots had more to do with them—I was present when these documents wore found; these refer to Lanman's sacks; they vere found at Humphries' house, where he was living in the name of Perry.
(Mr. Bulwer here withdrew the case of Mr. Lanman.)
JOSIAH THOMAS EVANS . I am a member of the firm of Evans, Wood & Co., 8, Miles Lane, Upper Thames Street, and am a tea dealer—in November last I advertised for agents to sell teas; I received a reply, and called several times at 37, Charles Street, Hatton Garden—I sent some goods because they seemed to be doing business and to have an opening for the sale of tea—I saw a woman there; I supplied goods to the amount of 2l. 2s. 6d.,—I had more orders from the prisoner Hall; I saw him personally, and he paid me for the sample order—I said "I always require a reference for a larger order"—he said "I cannot give you a reference; my dealings with my millers are so large that it would not do for me to give them as a reference; therefore, if you will send the goods in, I will pay you half cash and half at the end of the month"—upon those terms I sent him a further quantity of goods, amounting to 16l. 0s. 3d.—I saw him again, but not at Charles Street—I supplied him up to January—in the meanwhile I received a visit from Shaw at our own place; he gave the name of Henry Haws, of 58, Snow's Fields, Berrnondsey—he said he had taken a shop for his son—he had heard our teas were very much liked, and that he wished us to supply him with a quantity for his own use—I said "When is it to be opened" and he said "On Friday"—I went down, and he seemed to have a lot of stuff there, so I sent in the goods—upon a later occasion Mr. Haws, or Shaw, came and got some samples from me, and said he would give me an order—I asked him for a reference, and he sent me this letter (produced)—it is one referring to "Henry Shaw, Esq., 142, New Kent Road"—I was not satisfied with a landlord's reference, and he gave me a reference to Baldwin," Mr. J. Baldwin, oil merchant, The Arches, Blue Anchor Eoad, Bermondsey?"—I wrote to Mr. Baldwin, and two or three days after received a reply. (One letter purported to come from a Mr. W. H. shaw, giving Hall a good character; the other from John Baldwin, stating that lie could not afford information.) After this I supplied him with no more goods—I parted with my goods because he said he was a retired draper, and I thought a real business would be done—I tried to get my money, and went to Charles Street a great many times—I saw Shaw there; I did not see Hall—I said to Shaw "Do you know where Mr. Hall is 1l. it is singular you are here"—he said "No, I do not; I bought the shop of him, and he owed me money"—I said" Surely you can tell me where he is gone to?—he hesitated, and said "I believe he is living at 52 or 54, some street in Islington"—it was Red Lion Street, under the name of Brown—I went there to find him, and he was gone—I was told they did not know who moved him—afterwards Hall called at my place; he gave something to my partner, whom I requested to go after him—I got paid 5l. besides what I received for the first sample, and then Hall gave my partner four cheques to a certain amount—one of them was paid, the rest were dishonoured—there was only 11s. in the bank, I heard—when Hall came to me he said he had paid in that day sufficient money to meet the first cheque—that was 4 o'clock, and I said" Well, it is 4 o'clock now," and he said "Well, I owe a number of people a large sum of money; you are the only person that has found me out, and I shall pay you."
Cross-examined by MR. MOODY. Altogether I supplied Hall with goods to the amount of 19l. 0s. 3d.—I have received altogether about 9l. 15s.—I went to the shop upon receiving the note, looked round, and formed my own judgment—it was upon my own judgment I supplied the first lot of goods—it was upon his representations that I supplied him further.
Cross-examined by Shaw. I sent you packets of teas to the amounts of 2l. 17s. and 2l. 5s., but I did not supply you with any more—you wrote a letter to cancel the order when you were at Hatton Garden, telling me you had left Snow's Fields—you gave me 1l. and asked me to take the remainder of the tea back, which I refused—I did not say you could pay me for it when you liked.
Re-examined. I have seen some of the tea at the Southwark police-court—I have never been on Mr. Ringer's premises.
Cross-examined by Shaw. He had been carrying on business for about three or four years—I know that because I had some stolen property out of the place before.
Witnesses for Shaw.
FREDERICK SHAW . I am Shaw's son—I have known Mr. Hall for some time—I recollect his meeting me and telling me of his leaving his situation in the Gray's Inn Road, and about entering into business for himself in Charles Street, Hatton Garden; that he had given his governor as a reference and wanted another—you hesitated for some time and at last consented, and I persuaded you to give him one—while you were in Great Dover Street the name of Shaw & Son was over the door—Mr. Simmods took the place of you, and he put up the name—he has been here all the week.
Cross-examined by Mr. Bulwer. I call myself Shaw—I cannot explain why my father calls himself sometimes Shaw, and sometimes Haws—I know some of his friends, not all—I have never seen Mr. Baldwin, that I know of; I have been in my last situation for the last ten years.
shaw in his defence stated that he acted uprightly in what he did; that he knew nothing of the persons in the name of Haws and others; that he was not guilty of any false pretences, and offered the tea back that he had not sold, and that he had borne a good character, and had the management of a business for five years, afterwards going into business for himself.
GUILTY on certain Counts.
A previous conviction was proved against Hall for obtaining pork: by false pretences. Shaw was also stated to have been previously in custody— Judgment Respited. (See Half-yearly Index.)
ADJOURNED TO MONDAY, JUNE 26, TH.