CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 26TH, 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, June 26th, 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 WALTER HUDDLESTON , Knt., one of the Barons of Her Majesty's Court of Exchequer; JOHN CARTER , Esq., F.A.S., F.R.A.S., Sir THOMAS GABRIEL , Bart., Sir THOMAS DAKIN , Knt., and DAVID HENRY STONE , Esq., Aldermen of the said City; The Right Hon. RUSSEL GURNEY , Q.C., M.P., Recorder of the said City; Sir THOMAS WHITE , Knt., and JOHN WHITTAKER ELLIS, 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 MALOOLM KERR, Esq., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
EDGAR BREFFIT, Esq.
HENRY HOMEWOOD CRAWFORD, Esq.
CENTRAL CRIMINAL COURT
COTTON, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 26th, 1876.
Before Mr. Recorder.
434. JAMES WILLIAM NUTT (21), and CARL FERDINAND NIKELL (19), were indicted for unlawfully conspiring, by means of false affidavits, to obstruct the course of justice. Other Counts—varying the mode of charge.
MESSRS. BESLEY and HORACE AVORY conducted the Prosecution; MESSRS. WARNER SLEIGH and MACMORRAK appeared for Nutt, and MR. ROLLTN for Nikell
HENRY HUSSEY . I am a clerk in the Master's Office, Common Pleas Division—I produce two affidavits, one sworn first on 25th November, 1875, and re-sworn on 29th November and 3rd December—that is a joint affidavit of the two defendants sworn before Mr. Hopwood in an action in the Common Pleas, in which William Rawlins was plaintiff and Charles Edward Bannister the defendant—two writs, exhibits, are attached to the affidavits, one to each, marked A and B—the second affidavit was sworn on 3rd of December; it is precisely in the same terms.
Cross-examined by MR. WARNER SLEIGH. I do not know why the affidavit was re-sworn—I have not looked at them. (The substance of, the affidavits was that on November 20th the two defendants went to Buckingham Villas, Willesden, to serve the writs; that they there saw Charles Edward 'Bannister, who was personally known to Nutt; that on tapping at the. door Barristers father answered them, and denied that his son was there, and telling them, they were trespassers, took them by the neck and ejected them from the premises and that by reason of his violence and threats they believed it was unsafe to attempt again to give personal service.)
SAMUEL WEYMOUTH HOPWOOD . I am a solicitor, of 47, Chancery Lane, and am a commissioner to administer oaths in the Supreme Court of Judicature—this affidavit was sworn by both defendants on 25th November; it was re-sworn by Nutt on 29th November, and re-sworn by both defendants on 3rd December—I do not know why it was re-sworn—the other affidavit, which is identical with the other, was sworn on 3rd December by both defendants—Nikell came into the service of my firm about 23rd November—I never acted as solicitor to Mr. Rawlins; I don't know him at all.
Cross-examined by MR. W. SLEIGH. I have known Nikell since he has been in our service; he is so still—I was present at Bow Street the first day—I heard that the case was dismissed by Mr. Vaughan—I entertain a very good opinion of Nikell, and but for this trial he would have remained in our service—I know nothing of Nutt.
CHARLES EDWARD BANNISTER . I am now living at 397, New North Road—I went there on 24th May last—previous to that I resided at 6, Formosa Street, Maida Vale—I was formerly proprietor of the Upper Welsh Harp, at Hendon; I left there on 31st August, 1875—from there I went to 6, Formosa Street, the residence of Miss Crew, to whom I was engaged to be married, and whom I married, on 5th October, 1875—between the time of leaving the Welsh Harp and being married I always resided at Formosa Street—after my marriage I went to Dover; I stayed there about five weeks—I then went to France—I returned to London about 5th or 6th November—I then went to reside at 6, Formosa Street, and have always resided there up to the time of going to New North Road—when I left the Welsh Harp my father and mother, who lived there'with me, went to live at Buckingham Villas, Willesden, one of two semi-detached villas—Mr. and Mrs. Green lived in the other—I have never at any time resided at Buckingham Villas; I have been there several times, but never to stay—I slept there about three nights before I was married; that was between the time of my leaving the Welsh Harp and my marriage—between 5th November, when I returned to town, and 20th November I never slept there; I never went there between those times—on the evening of 20th November I was at 6, Formosa Street—I had never been at Buckingham Villas at all on that day—I did not have any conversation with either of the defendants—on the 20th November I—did not see either of them—the first I heard of the writ being issued against me on these bills of exchange was when my father told me of it—I believe an action had been commenced against me by Mr. Rawlins in January, 1875, and I had given bills of exchange for the amount—I forget the dates when those bills became due; I have not the bills with me. (Mr. Sleigh said that there were four bills at three, five, six, and eight months, the first three for 20l. each, the last for 30s. odd.) No writ was served on me; I have never seen it; I had received no intimation of it from Mr. Rawlins—it is not true that the two defendants saw me at my father's house at Buckingham Villas on 20th November; I was not there, I was not at Willesden at all—it is not true that the writ of summons had at any time come to my knowledge before 20th November, or that I had evaded the service of it—I did not know Nutt before I saw him at Bow Street; that was the first I saw of him; I had never seen him or Nikell before—I did not see Nutt at the Welsh Harp in January—I was present at the first hearing of the summons at Bow Street; I there saw a man named Harrington standing in the passage with Nutt—he said to Nutt "That is Charley" and pointed towards me—I had been in the Court some time.
Cross-examined by MR. W. SLEIGH. I believed I have subpœnaed the two Miss Blanches to appear here to day; I have instructed my solicitor to do so—this case was dismissed by Mr. Vaughan; I don't know after how mmy adjournments—I did not hear what Mr. Vaughan said—after the summons was dismissed I was bound over to prosecute under the Vexatious Indictments Act, at least Mr. Besley did it for me—since that time I have seen the Miss Blanches several times; I don't believe they volunteered to give evidence for the defence at the police-court, I believe they were paid—
they gave evidence at the police-court—I did not after the dismissal of the case charge one of the Miss Blanches with assaulting me at the Highgate police-court, it was. at Edgware, it was a cross summons; she was summoned for assaulting Mrs. Green's son—I don't know about any other summons—I" believe' the summons against Miss Blanch was dismissed, I was fined 1l., and 3l. 4s. 6d. costs for an assault on Miss Blanch, because I had no one to defend me—the Miss Blanches don't live in a house; they don't live next to me and never did—I never lived at Willesden—I never lived at Buckingham Villas; I don't live there now—I believe they live in the next house to my father; I forget now whether the deftt was first due to Mr. Rawlins in 1873j I can't deny it because I forget—I did not know that I was to pay the bills at Mr. Rawlins' office in the Poultry—those bills have been paid—I forget when the amount was delivered to me—I was not served with a writ by Nutt, on 27th February, 1875—I said at the police-court, that I had never been served with a writ at the Welsh Harp by anybody—I was cross-examined by Mr. Montagu Williams—I did not then say I was served with one three years ago at the Welsh Harp; I said I never was served with a writ from Mr. Rawlins, which I never was, nor by Nutt—I don't recollect all I said at the police-court, but I never was served with a writ—I believe I said "I never had more than one that I am aware of, the amount of that one I can't recollect it was about three years ago"—Mr. Rawlins was not present when the bills were signed; I did not jar any money when I signed the bills, the bills came by post, and were seat back by post signed—I swear that no writ was issued against me By Mr. Rawlins, and that I did not pay the bills to stop proceedings—I never went to Mr. Rawlins' chambers to take up any one of them—I sold the Upper Welsh Harp, on 31st August, to Mr. George—I don't know when the last bill became due—I did not offer to take up any "bill before 5th October, when I went to Dover—while at Dover I did not run over to Calais, and come back again in one day—I went to Calais in one day, and came back the next and then came to London—I have been to Calais scores of times, I only went there once while I was staying at Dover—my father was not staying at Dover at the time I was there, he came down occasionally, I entered into negotiation for a business at Dover; not for "a music hall, for the London Packet—I applied for it twice, it was refused—after that I went to Calais, and then to London—I did not hear that Nutt was in Dover, the day I went to Calais, it is not true that I went from London on a visit to the country, and simply called" at Dover on my way"; I'stopped there the first night I was married—I heard a portion of my father's evidence at the police-court—there was a pony and trap of mine at the Upper Welsh Harp, and there was some harness; some of it was mine, I sold it and the trap in the sale when all the building stuff was sold off—the pony was my sister-in-law's, Elizabeth Crew—it did not go to my father's place at Buckingham Villas, I swear that—I gave my sister-in-law pony, and she bought the trap and harness herself in the sale; I had given her the pony three or four days before I left the Welsh Harp—I swore at the police-court that I never went to visit my father from 5th November until 29th Deoember, that is true—I was not in the habit of shooting at Willesden; I did sometimes, but very rarely—I never slept at my father's two or three nights a week; I slept there three nights before I was married—I did not sleep there twice a week; I did not know anything of the writ till two or three days after the brokers were in—I did not receive a letter
from Mr. Rawlins, on 1st October, 1875—I did not have a house called the Hide Volunteers, I held it far a debt, I believe I proved for it—I had a claim on it and had a security by document; I can't tell you the amount, it was my father's house, he built it—I proved against my father's estate 450Z., I am twenty-seven years of age now—my father owed me money, 400f., that was for money lent at different periods—I had receipts for it; I don't know where they are; I except they are somewhere at home—I never kept a banking account—I have had various transactions with my father—I never received a cheque of my father's in payment of the 400l., or in payment of any sum at all—I can't tell you at what dates the 400?. Was lent to my father, I have not got the papers here, I have had enough this week to upset me and to take all memory out of my head—I had money left me by my grandmother, and there was my wages and earnings and savings for six years as barman—my wages were more than 10s. a week, over a guinea a week, my father never agreed to pay me anything, he used to give me what he thought fit; I used to have presents from my father; I had no settled wages—the Lord Palmerston belonged to my father, he built it; I bought apiece of land next to the Palmerston, I was at the auction mart, my father bid for it, he did not pay for it; I signed the contract after paying the deposit—800l. was left to me my grandmother, she left no will, it was left with my cousin for me, it was given to my cousin, William Kirk, before she died—I received it in cash, notes and gold, I kept it in my pocket, it is no trouble to carry 800l. in your pocket—I did not carry it about at night, because I took off my trousers—there was lots of furniture at the Upper "Welsh Harp—Mr. George bought it and paid for it, all that was mine; there was some of my father's, which he took with him; none of my furniture was taken to Buckingham Villas, not so much as a chair.
Re-examined. This trial was postponed from last Session on the application of the defendant's Counsel, because Miss Blanch was not here, and for that reason I have subpœnaed her—she lives a short distance from my father, about 100 yards, it is not a house, it is a wooden place—I stayed at Dover five weeks—this (produced) is the bill for my lodging for the last week, at the London Packet, the house I was about taking—I had nothing to do with the music hall—it is untrue that that was my last—known place of business, I was not in business there at all—I slept three nights in different weeks at Buckingham Villas between the time of my leaving tie Welsh Harp and my marriage—I had never been there since my marriage up to 29th December—I have seen my wife this morning, she is in bed, hourly expecting her confinement—I produce a certificate from the doctor, she cannot be moved—I was present when she was examined at the police-court in the prisoner's presence. (The deposition of Emily Bannister was read as follows:"11° the wife of Charles Edward Bannister. Iamsisterto the last witness, (Elizabeth Crew); I lived with her up to my marriage. On 5th October last I went to the Upper Welsh Harp at Hendon whilst my husband was the landlord, he left the last day of August and came to live under the same roof as myself; occasionally before" my marriage he might have been away for a day, as far as I know. He slept at 6, Formosa Street. He was never absent more than a night. He sometimes went to his father's: We went to Dover on 5th October and remained there a month, thence to Calais. We were over three weeks at Dover. We went occasionally across to Calais; we were on our wedding trip about a month. My husband came back with me to 6, For mosa
Street, and resided there ever since.
Cross-examined. From 31st August to 5th October my husband lived at 6, Formosa Street. Re-examined. After we came back to London my husband always slept at home to the present month of January.")
ELISHA BANNISTER . I am the father of Charles Edward Bannister—I formerly lived with him at the Welsh Harp, Hendon—he left on 31st August—I left at the same time with my wife and went to Buckingham Villas, Willesden—Mr. and Mrs. Green lived in the nest villa—my son—went to 6, Formosa Street; he never resided with me at Buckingham Villa; he occasionally visited me there between 31st August and 5th October when he was married, sometimes once a week, sometimes twice a week; I think he slept there about twice, that must have been when he had been out shooting—after his marriage he did not come there, he went to Dover—I never saw him at Buckingham Villas after his marriage up to 20th November—on the evening of 20th November I was at home with my wife, no one else—Mr. and Mrs. Green and their family were in the next house—about 8 o'clock there was a knock at the jbaek door—I was in the kitchen chopping wood; that is at the back of the house—the kitchen windows are level with the door, they look out at the back into the yard, but they are painted blue, so that no one can see through them—I was burning a light—on hearing the knock I went to the side door, opened it, and went round to the back of the jard, and met the two prisoners there—Nutt said "I want to see your son"—I told him he did not live there—he said "You are a liar, he does, I have just seen him chopping wood"—I said "No, you did not, it was me, my son is not here at all"—he said he knew better—I said "For your insolence, you are trespassers here, go off the ground, or I shall put you off"—with that they walked to the fence of the adjoining land—when on the other side of the fence Nutt held a paper in his hand and said "I want you to give this to your son"—I said "My son is not living here, and I shall not take if—that was all the conversation I had with them—Mr. and Mrs. Green were present, they came out during the time I was talking to them; it is an open yard to the two houses and the back doors join—Nutt took away the paper with him—when I opened the door I did not say "Who's there," nor did he say "Me"—I did not say "Who's me?"—he did not reply "Charley, it is only me"—he did not say that he had two writs of summons at the suit of Mr. Rawlins—it is not true that I took hold of them by the back of the neck and ejected them from the premises; I used no violence of any sort, I did not touch or lay my hands on them—it is not true that Nutt asked me to ask my son to come out in order to enable him to serve him with the writ, or that I replied that I could not make my son come out unless he liked; no such conversation took place between us—there was no child in my house on this evening, there was a child in Green's—I was at the Bankruptcy Court on 23rd November—I saw the prisoners there—Nutt said to ffle "We will have you in a day or two, I intend to come down this evening or to-morrow and serve your son. with the writ"—I said "It is no use your coming there, because he don'i live there, and you know well he does not live there"—that same day he wanted me to commit a breach of the peace, he wanted me to strike him and got a crowd round him in the street—it is not true that I said to him I would, serve him as I did before, or make use of any threats to him or either of them—I don't remember ever speaking to—Nikell or he to me—in October or November I was negotiating for the Clarence Theatre and Music Hall, Dover; my son had nothing to do with that—those negotiations were carried on by letterjaad personally too.
Cross-examined by MR. W. SLEIGH. I never said that my son never resided at Dover, but that when he was married he went into the country, and stopped at Dover on the way; nothing of the kind—I know that he did live at Dover—very likely I Bigned an affidavit in an action of Rawlins against my son—I swore that he never lived in the music-hall at Dover—I did not swear that he never lived at Dover—I can't swear what were the contents of the affidavit; I did not draw it, I read it—what I swore to I am sure was correct—I know he was at Dover for a month; I visited him there—I knew that he made two applications for the London Packet—rl did not swear at the police-court that I never gave evidence on his behalf with regard to the London Packet; I did give evidence—I know a gentleman named Harrington; he was in my employment; he merely came to live with us because he was out of business; ha was living with my son at the Upper Welsh Harp; he had no money—the creditors got him made a trustee in my bankruptcy—there was some arrangement made for him to be the trustee, and that he was to prove for 200l. or something of that kind—I never swore that he was made trustee for the purpose of my getting through my liquidation; I swear that—it was a fictitious debt arranged between me and Harrington—Harrington was turned out, and Mrl White was made trustee—I don't believe Mr. White moved the Court to set aside the claim of 200l.; I believe I did it myself; I really could not say now whether Mr. White did it—he is a builder; he is not living rent-free at the semi-detached villas; I swear that—he is living at 26, Palmerston Road, and pays 40l. a year—it is not my house; it is a house I built, and I have been robbed of it—White was not in my employment; he has taken contract work for me—I have paid him thousands of pounds—he has not been in my employment since 1864—he was employed at the Welsh Harp when it was being rebuilt—I think I employed him in 1864 on some contract work, making stairs—he has never been a witness on my behalf, that I am aware of, only at the Bankruptcy Court; I swear that—he is my trustee under my present bankruptcy; he was not under the former, I paid all my creditors in full—I can't tell you the name of the former trustee; he was a public accountant in the City—in 1862, I think, I settled a public-house on my wife—I remember being examined in April, 1872, by Mr. Snell in the Bankruptcy Court—I did not then say "I assigned it away in 1865, or thereabouts, to Matilda Stockdale;" I never said anything of the kind—I don't remember saying "She paid no money for it"—I assigned it to my wife; I swear that—I was married in 1848—I said "I assigned it to a person of the name of Matilda Stockdale; she lives at the Upper Welsh Harp; she is known there in the name of Mrs. Bannister"—allow me to explain: when I had been married to my wife about twelve months I heard that her husband was alive—to satisfy myself I went to Australia, and found he had been dead about ten years—I came back to England, and have been living with her ever since—the lawyer who drew up the deed said it was better to put in the two names to save any dispute in my family affairs if anything should happen to me, and that was why the name of Matilda Stockdale was put in—I said I had always received the interest for Mrs. Stockdale, but gave the receipts in my own name—I did" not say "I married her in 1865, when I transferred the mortgage"—I said I was married in 1848—my son had a charge on the Rifle Volunteer, and has now—I did not go to the back door at once on 20th November when I heard the knock because it was nailed up—there were no fastenings to the house, it was not finished; it was nailed
up so that nobody could get in—I went round to the side door; there was a lock on it—I had a light in the kitchen, and I had on a sealskin cap, and was chopping wood—my son's grandmother left him some money; she gave it to me before she died, for him; I swear that—I had several sums; I had 500l. at one time; altogether I dare say it might be 800l.; I could not say exactly—she gave it me at my own house shortly before she died—I had the use of it, being in the building trade, and I gave it to him—I laid it out for him—I did not say at the Bankruptcy Court that the grandmother left no will and no property—I said she made no property; I never said she left no property, because my wife had received money after her death—I was married in 1848, and I went to Australia towards the latter end of the same year—I went to the husband's relations, and they told me ha bad been dead about ten years—I do not know that my wife had only been married to him four years—I said at the Bankruptcy Court that I could not say when he died—I did not say I did not know that he was supposed to be dead—Mr. Crew claimed some of the goods at the Welsh Harp previous to my son leaving there, under a bill of sale; I don't know the amount—I do not keep any books; I never kept any, only a banking account—I used to bank at the London and County Bank at Paddington—I banked there for several years—my son has had scores of cheques from me on the London and County Bank—I "really could not say in what years I banked there; I know I banked there in 1870, and previous to 1870—in 1864,1 think, I opened the account there; I won't be-confident—I did not say at the police-court that I never kept a banking aocount at all; if I said anything about Jit I said I had no banking account now, but I don't remember mentioning it at the police-court—the pony, trap, and harness was on the premises when the Sheriff seized; I don't know whether it was sold by the Sheriff—it was not on the premises—when, the sale took place—I was paid for the keep of it previous to its being taken away, by Miss Crew—I don't know who took it away, I was not at home; I think the Sheriffs people took it away themselves; that is my candid opinion about it—I think the Sheriff stole it, or the man in charge of it—I lived at the Uppsr Welsh Harp with my son, and managed it at times when I had nothing else to do.
Re-examined. I have seen Nutt, at the Welsh Harp, he served me with a writ for my son once, he knows me well, but he never saw nay son. till he saw him at Bow Street—he has Been me more than once.
ELIZABETH CREW . I am a single woman living at 6, Formosa Street, Maida Vale—I have been there nearly two years—my sister Emily lived with me up to the time of her marriage, on 5th October—her husband, Mr. Bannister, lived at the same house from the last day of August, up to the day of his marriage—they returned from their trip some time in November, and came to live with me—they lived there till the end of May, this year—he might have slept away from Formosa Street, once or twice,. but not after he was married.
Cross-examined by Mr. W. Si'eigh. I can-'t tell what day it was that they left me, I think it is about a month, they went to live at Islington—I believe my brother-in-law is rather fond of shooting—he went "fishing and shooting occasionally after he came from his marriage trip—sometimes he did not get home till 8.30 or 9 o'clock or later, his parents living at Willesden; he used to go there sometimes—when he goes out of course he does not say where he is going; he did not always saywhere he had been—
he might tell his wife that he had been at Willesden shooting—I don't know where he might go; I don't know whether I met them at the station, when they came home from their honeymoon trip—I don't know that they went to his mother and father's—he came right to our house and stayed with me since then—he went to his father's one day when he came up from Dover, I did not go with him, he called at my house and went back to Dover again, and I drove the pony back to the stables where it used to be—I don't, know Buckingham Villas exactly; I drove once to Miss Blanch's, he might have gone to his father's one night after he came from Dover, before he came to me; I don't know; I have not heard either way—he and his wife have been to see his father and mother once or twice since they came from Dover; know they went there after they came back.
Re-examined. They did not stay away all night—they have never slept there since November—it was about 5th November, that they went there, not between the 5th and 20th, it might have been after the 20th, but really I don't keep notice of dates.
SOPHIA GREEN . I am the wife of John Green, and live at 1, Buckingham Villas, Willesden—I have a little boy twelve years old—my husband is a plasterer by trade, he takes small contracts, and works occasionally for masters—on Saturday evening, 20th November, my husband and I and the child were in our sitting-room at the side of the house—we have a bow window in the front—at the back of the premises there are two stables at the end of the garden—our sitting-room is in front; our house is the nearest to London, and Mr. Elisha Bannister is next door—he and his wife came to live there about 31st August; they had no child there—I used to go in their house frequently, perhaps two or three times a day, as she was all alone and not very well—I would go in and bit with her and take my needle-work—between the time of their coming to live there and 20th of November Charles Edward Bannister never slept there, to my knowledge; he has never lived there—I knew him by sight perfectly well—it is a very lonely road; the nearest house is about 250 or 300 yards off—I remember the evening of 20th November—my husband had come home between 2 and 3 o'clock, and we had tea in the sitting-room—we had a lamp burning in the evening; our attention was called by some voices—we went to the back door, and the moment we got the door open I heard someone say "Will you take this and give to your son?"—Mr. Bannister said "My son does not live here, therefore I cannot give it to him,' and he said "You are trespassing, will you get off?" and by that they either got over the fence or through it, I could not tell which, and after they got over I saw a piece of paper held up by Nutt, and he said "Will you give this to your son f—Mr. Bannister said "I tell you my son does not live here, and therefore I can't give it to him," and by that they went away—at the time Mr. Bannister spoke about trespassing he was only about a yard, or from that to a yard and a half, from Nutt, but it was impossible for me to see him, because we have a little brick building which just hid him from me—I saw both the strangers, and I knew Mr. Bannister's voiee—he was not near enough to them to take them by the neck; on my oath he never did, because I could see them so distinctly; he never put his hands upon them at all, not while we stood at the door, and they went away before we left the door—about ten days or a fortnight after, Nutt came to our house; it was on a Monday, about the 5th of December, but I will not say to a day, it was about 12 o'clock, or between 12 and 1 o'clock—some man was with him, who I did not know at the time; he has since been pointed out to me,
he is a man that came from the Crown, at Cricklewood—my little boy was in the room with me, Nutt knocked at the door, and my little boy went to the door; I heard what passed—Nutt said "Does Mr. Charles Bannister live here"—my boy said "No, he does not, he never has lived here, he has not been here for about eight weeks"—Nutt said "You have a thoroughfare from here into the next house"—my boy said "No, we have not"—Nutt said "Are you Mr. Bannister's son"—he said "No," and by that I got up and went to the door—he said "Are you Mrs. Bannister?"—I said "No, I am not," and the man said "No, that is Green, the plasterer's wife"—Nutt said "Mr. Charles Bannister lives here"—I said "No, he does not, he never has lived here"—he said "You have a thoroughfare from here into the next house"—I said "No"—he said "Did not Mr. Charles Bannister sit in that room with you a week ago last Saturday night"—I said "No, it was not Mr. Charles Bannister, it was my husband"—he said "Oh, no, it was not, it was Charles Bannister, I know him very well"—I said "Well, I can assure you it was my husband"—he said "Oh, I know Mr. Bannister, I came up from Dover in the same train as he did last week, will you swear that Mr. Bannister did not sit in that room with you"—I said "I can swear it, it was my husband"—he said "Oh, I suppose if you was wanted to swear it was him you would swear so," and by that I shut the door in his face, and he went away—he came down again about a week after, on a Monday and brought with him three or four people—my husband opened the door, they insisted on coming in, and they came in—Nutt said he was going to leave the men in, and he left them and abused me most fearfully—he asked about the thoroughfare, and I had to show him to convince him there was none—there I was no person in my house on 20th November hammering—the only persons in the house were my-husband, myself and child.
Cross-examined by MR. W. SLEIGH. I am there for the benefit of my little boy's health—I do not pay any rent, I have been there to mind the place—my husband is not in Mr. Bannister's service now, and has not been since we left Hendon; he used to be there—he was a contractor—he was not at work on 20th November, he was there on a contract job, and was making arrangements to take it—we went to live there twelve months ago last April—when Nutt came a week after 20th November, he was very positive that he had seen Charles Bannister, he took his oath almost that he had seen him sitting in the house with me.
JOHN GREEN . The last witness is my wife, I have been living with her, and my son at Buckingham Villas, Willesden—in the evening of 20th November, I was sitting with them; we had a lamp in the room—we heard a disturbance out at the back—I went out a few minutes afterwards and saw two men and Mr. Bannister, the two men were at the other side of the fence which had been blown down with the wind—Mr. Bannister was on this side the fence—I heard him say to them "You are trespassing here, get off my premises"—they held up a piece of paper to him and said "Will you give this to your son"—he said "I can't give it to my son because he does not live here"—I should not think they were more than a yard from Mr. Bannister, when the paper was held up—they then went up the plot of ground into the road, and I saw no more of them, they took the paper with them—Mr. Bannister did not put his hand on either of their necks while I was there—there was no violence that I saw; I had been Irving here since April—I know Charles Edward Bannister, I never knew him to
live next door with his father and mother; I have seen him there occasionally—I don't think he had been there since his marriage, I had not seen him, he was not there that night.
Cross-examined by MR. W. SLEIGH. I did not notice Mr. Elisha Bannister chopping wood that night; if it had been going on I could have heard it—the altercation might have been going on three or four minutes; I heard a disturbance and that made me go out—they were then off the premises, on the other side of the fence.
WILLIAM HARRINGTON . I live at 15, Little Queen Street, Holborn—in 1875, I was staying at the Upper Welsh Harp, at Hendon—I was there in January and February, I recollect Nutt coming there, I" don't know the date, I believe I saw him serve a writ on Mr. Elisha Bannister—Charles Edward Bannister was not present at the time, he was at the Welsh Harp, but was not present—I had a slight knowledge of Nutt—I saw him in the passage at Bow Street, and asked what he was there for—he said in Bannister's matter, I looked round and saw Charles Bannister, and a friend or two with him, and I said "That is Charley Bannister"—he said "Oh, which is Charles," and I pointed him out to him—I was in the Court during the examination of the witnesses, and Nutt handed me a little bit of paper—this is it—I had handed a piece of paper to him, and this was his answer. (Read; "I have shown your answer to my note to Mr. Williams, and probably he may call you to prove that you never knew Bannister, and that you did not point him out to me; why should I ask you to point him to me when I knew him personally. With kind love."
Cross-examined by MR. W. SLEIGH. I don't think my note was a kind offer of assistance to him, it was asking him how it was he called on me to make the remark I did to him, as to Charles Bannister, not knowing him, that he had never seen him till he was in the box—to the best of my belief Nutt served a writ on Mr. Elisha Bannister in February last at the Upper Welsh Harp—I think there was some shooting going on in the grounds that day and Charles Bannister was managing it—I don't know whether there was anydody with Nutt—I don't know whether he went into the grounds; I don't know how long he was there—he might have been there two hours and probably went into the grounds—there were hundreds of people in front of the bar that day—he was not told by me or in my presence that Charles Bannister was in the grounds managing the shooting match—he did not tell me he had come to serve a writ on Charles Bannister—I did not know what he came for—he served it on Mr. Elisha Bannister, not on Charles—I did not see it, I only know it by Mr. Elisha Bannister telling me, and that he had made a mistake he had served it on the father instead of Charles—I did not give evidence at the police-court.
Re-examined. Charles Bannister had been examined before the note was given to me by Nutt—he gave it 'me at the first meeting—I had not heard Charles Bannister make any statement about my pointing him out to Nutt, not till I received that—I heard Bannister in the box, and my memorandom was "How is it you told me that you served Charles Edward Bannister personally and it is not the case," and he handed me that note which was tantamount to saying "Go into the box and say you did not point him out" that was my construction of it—he had told me that he had personally served Charles Edward Bannister, I don't know when—the first time I met him in the Court at Bow Street, I asked him what he was there for, he said "In Bannister's matter"—I did not know what it was about—
I went into the Court from curiosity and I heard Charles Edward Bannister distinctly say that he never saw Nutt till I pointed him out—I did point him out, and my first conviction was that he had never seen Nutt; on hearing that I wrote a note to Nutt and this was his answer to it.
By THE COURT. I am trustee under the liquidation of Bannister the father—I tried to prove a debt, that is not a matter relevant to this case—it was not a fictitious debt—I was down as a debtor for 200l., a portion of that was money lent, but the security I had was made up of some old debts of Bannister's and I was put down as a creditor and trustee—I had lent him previous to his bankruptcy close upon 80l. or 90l. and the remainder was old debts, some years ago; Bannister felt inclined to renew those debts and I did not object to it.
JOHN ALTRIA . I am a sheriff's man—on 13th December, 1875, I accompanied the officer of the sheriff to Buckingham Villas, Willesden, and was left there—I was not in the villas—we., levied on a performing bear, not in the house at all—I took the bear in execution—I was there sixteen days—I took possession of a trap in the stable, some harness and the like of that, but nothing in the villas.
Cross-examined by MR. W. SLIEGH. There was a pony, trap and harness, it escaped somehow—I did not steal it or take it away; it was not taken by my consent.
The following Witnesses were called for the Defence.
ANNIE BLANCHE . I live in Buckingham Road, Willesden, in a small wooden house, with my sister, Ellen Blanche—we are dealers in eggs for the London market—I saw Nutt on the 20th November last year, in the Buckingham Road—I cannot say the time, it was nearly dusk—he made an enquiry of me as to where I lived and near where—he asked me if I knew Charles Banister—I had seen Charles Banister before Nutt spoke to me, every day—I had seen him in the afternoon of the 20th November—I was taking eggs out at 2.30 to 3 o'clock—I saw he was chopping wood in the back yard—I saw a report of the case at Bow Street in the newspaper—I was not asked by Nutt to give evidence, I came voluntarily.
Cross-examined. I met Nutt, who had some one with him, but I do not know who it was—there was a conversation, then we parted, I went on my way and they on theirs, to London—I did not know Mr. Nutt before—I knew the Bannisters—my sister and I were occupying a portion of the premises, the same as Elisha Bannister, in Palmerston Road No. 29—we bad the kitchen, the basement—we were the tenants of Mr. Elisha Bannister—he was living in the house—we kept pigs there; the parish objected and we had to leave—it was in the year 1871—my sister removed some slates belonging to Mr. Ferguson, the solicitor employed to build Buckingham Villas—they were brought to her to remove, she took them to Mr. Ferguson's wharf—they were taken away on a Saturday—I did not know the police were spoken to; they were restored to Mr. Fergusons wharf on the Monday morning—Mr. Ferguson did not complain that we bad taken them away—the foreman came down; he was not very rude—he did not say we had stolen the slates—he did not say he had spoken to the police—I said at the police-court that I had been that afternoon in Mr. Bannister's, in Great Marylebone Street, and Bannister's shop was on the right hand side, three or four doors down—I did not say I. was in the habit of going there three or four times a week—I said I served the shop three or four times a week—I said I had been to Bannister's with eggs
that afternoon—it is not true I had been there before—I was there on that day; I took some eggs there, the 20th November—I did say "I keep no account of any of the shops I served; Bannister's shop is three or four shops up Marylebone, on the right coming from my place"—Nutt recognized me at the Bow Street police-court—that was the first time I spoke to him since the 20th November—I did not offer money to any one to come up and be witnesses against Mr. Bannister—I knew a person of the name of William Campion—I did not say he could get 5l. by swearing that Charles Bannister lived there, and point to the villas; nor that he would only be swearing the truth—I did not say further that I would give Campion and Piper a few days to consider whether they would not come up and swear they knew Charles Bannister lived at Buckingham Villas—I did ask Campion on the 23rd February, "Did I offer you 5l.;—I asked him how he could say such a thing—he told me he had been offered ten quid to come and swear; it would be very handy, but he should only make a mess of it if he came and swore that Charles did not live there—I never spoke to Piper—he was not present—I did not say at the police-court "I know all about this case from a man who keeps a garden, his name is William Campion"—I said I had heard about the case from a man who keeps a garden, and then I afterwards saw it in the paper—I am quite sure after speaking to Nutt I went on and he came on towards London with his companion—I did say Charles Edward Bannister lived at Buckingham Villas all the time from the time he left the Welsh Harp to the day he was married, and I say so now—and after he was married he came back there and lived there all the time up to when I met Nutt in the road—I did not say I was not going to come (as a witness) without my 100l.—I mentioned nothing about money when Nutt's solicitor was subpoenaing me—I did come, but my sister was not well enough—she is here to-day—my deposition was read over to me before I signed it, but I do not believe some of the words were put down right when read over to me, not put in the form I said it.
Re-examined. I did not object to it, it being substantially true—I did not say "I went to the shop three or four times a week"—I said "I served them"—I did not say "I knew all about the case from a man who keeps a garden up there, whose name is William Campion"—I said I knew about the case.
ELLEN BLANCHE . I am sister of the last witness—I live in Buckingham Road; I was living there on the 6th November—I know Charles Edward Bannister—I saw him on that day when I came home, about 6 o'clock, ho was mowing grass—on the 20th he was putting a post up in the yard—I was in the habit of passing the house in the morning—I have seen him in the morning—I have seen his wife in the morning—in November she was adjusting a timepiece or something at about 7.45 in the morning—I know Mrs. Charles Edward Bannister—I have also seen her in the back yard in the morning about 8 o'clock—it was about 12 o'clock in the day that I saw Charles Edward Bannister putting up a post on the 20th November—I saw him every day in November.
Cross-examined. I was examined at the police-court—I did not hear my sister's evidence—my sister had never seen Mrs. Davis until the 20th November in Great Marylebone Street, High Street, Marylebone—my sister serves the shop, but she never went there—I said at the police-court she served Mrs. Davis, but she did not go there—I took the eggs—I was asked
the question if she went to Mrs. Davis three or four times a week—she never went there only upon that day that I sent the eggs—I said she went away upon the 20th, between 2 o'clock and 2.30, and came back again from 5 to 6 o'clock, as near as I can remember—I did not say I was not coming upon the subpoena, I was not going to lose 100l.—I have not received a farthing, no offer of money has been made—my sister did not say in my presence she was not going to be done out of 100l.—I did say at the police-court I had not been on good terms with Mr. Charles Edward Bannister; his society was too hateful, and I say it again—I know something about ten quid being mentioned—Campion told me he said "If I come to swear anything but the truth I shall only make a mess of it"—ten quid would be very handy, but still I shall not come"—my sister did not say in my presence that Campion and Piper could have 5l. a piece if they would come and swear Bannister lived at Buckingham Villas—from time to time I had. seen Charles Bannister in the company of Green, the plasterer, after the return from the marriage up to the time when I was examined at the police-court—Charles Bannister was living there from the time he left the Welsh Harp, up to his marriage and regularly afterwards with his wife.
Re-examined. I have not been able to be up before, because of illness—I had a blow in the chest from Charles Bannister and I do not think I shall ever get over it—I do not know a railway porter of. the name of Barker—some one came to my house upon the Saturday night before the last Sessions at 20 o'clock—my sister went to the door and I told her to go in, I do not thank anybody to come to my place at 10 o'clock at night whoever they are, and I think if a note had been written by Mr. Nutt or anybody else it would have been better, as our slander has been too much—I heard something about a subpoena outside and I told them to be off about their, business, and they told me they should throw it in the garden, and they threw it there—I was very angry with their coming—there was no other reason than my illness for. not attending on the Monday—I gave no other reason.
WILLIAM JEFFERY STAGG . I am a printer—I know Charles Bannister—I was at Willesden in the month of December last year—I know Nutt—I took a piece of paper on the 6th to Buckingham Villas; Nutt gave it to me—I took it to Mr. Charles Bannister; I was not able to deliver it—I saw Nutt again directly; we accompanied each other for a short distance, and went back to the house again—we went to Mr. Green's house, and saw Mrs. Green and her boy—we asked about Mr. Charles Bannister; we went in again to Mr. Bannister's house—Mr. Nutt said "Here, Charlie, I want you; I have got something for you," but he did not stay to hear what he had to say to him, and went indoors again—I went to the house after he had gone in—I did not see him after he went in—someone answered me; it was something like a woman's voice—the door was not opened to me—as I was going away from the house a little boy ran after us with the writ that had been put under the door, and threw it down, saying "Here is something for you"—we said we should not take it.
Cross-examined. I had known Charles Edward Bannister before—I was not taken by Nutt to point him out—Nutt asked me to show him Buckingham Villas—that was on the 6th December; it was in the evening, but I could not say the time, whether before 5 o'clock or after—I had been at home that day, at Cricklewood—I occupied a house there, but I live near my work now—I think I dined at home, I won't swear—I have a wife and two children; they were at home the first part of the day when I was there
our dinner time is generally between 1 and 2 o'clock—I think it was after dinner when I left home; I am sure it was—I then went to the Crown, at Cricklewood—I met Mr. Nutt there; I remained there with him about ten minutes or a quarter of an hour—it was not an appointment, I had never seen him before; he was a perfect stranger—I was subpœnaed to the police-court; I was not examined, my affidavit was taken.
Re-examined. He asked me if I would go with him to Buckingham Villas, as he did not like going alone.
MR. BESLEY, in reply, put in an affidavit made by Nutt at the last Session, in which he applied for a postponement of the trial, on the ground of the absence of Ellen and Annie Blanch, who were material witnesses on his behalf, but who were afraid to appear.
The Jury strongly recommended Nikell to mercy.
NUTT— Nine Months' Imprisonment.
NIKELL— To enter into his own recognisances to appear.
NEW COURT.—Monday, June 26th, 1876.
Before Mr. Common Serjeant.
HENRY DRAKER PLEADED GUILTY , and produced on behalf of the other prisoner a certificate of their marriage, upon which MR. CRAUFURD offered no evidence against.
MARY ANN DRAKER NOT GUILTY .
HENRY DRAKER— Seven Years' Penal Servitude
He received a good character— Three Months' Imprisonment. And
MESSRS. LLOYD and DE MICHELE conducted the Prosecution.
WILLIAM BOYENN (Detective Officer E). On 8th June, in consequence of information I received, I went with Detective Allison to the corner of Castle Street, King Street, Long Acre—I saw the prisoner with eight or twelve others come out of the Horse and Groom—the others came towards me—I went up to the prisoner, and as soon as I touched him, he threw down a packet—he struggled to get away, and said "I did not do that, I know nothing at all about it"—I took him to the station—the packet was undone there by Allison, and it contained nine counterfeit florins, each with a piece of paper round it—when I took him another man ran away—he said "Why did not you catch the other man running away?"—the other man was 30 or 40 yards off.
Cross-examined by the Prisoner. I do not know the man who ran away.
JOHN ALLISON (Detective Officer E). I was with Boyenn and saw him catch hold of the prisoner—I saw another man running 30 or 40 yards off—the prisoner threw a packet down in the road; I picked it up—the prisoner said "Another man threw that down"—I said "You seem to know something about it, you seem to know what it contains," and he made no reply—I opened it at the station, it contained nine counterfeit florins (produced).
Cross-examined. There were very few people between you and me when you were apprehended—there might have been a wagon, I did not notice it.
The Prisoner in his defence stated that another man in his company threw down the packet at the moment he was seized.
He also PLEADED GUILTY to having been previously convicted of a similar offence— Five Years' Penal Servitude.
MESSRS. LLOYD and DE MICHELE conducted the Prosecution; and MR. M. WILLIAMS the Defence.
440.PETER HARNELL (Police Inspector G). On 24th May I went to the corner of Gray's Inn Road, in consequence of information, with Constable Bannister —I saw the prisoner leave a public-house with another man—they went into Holborn then into Leather Lane, and then into a thoroughfare in Back Hill—they remained there about half a minute and then went into the Farringdon Road, talking for a few minutes—they separated, the other officer followed the one and I followed the prisoner into a urinal—I said to him "Have you any bad money?" (the other officer had joined me at that time)—he said "If I have I am not aware of it"—we took the prisoner a little way' and searched him—a brown paper packet containing three paper parcels, and in each parcel was ten counterfeit shillings, each divided by a piece of paper, had been found by the other officer in the prisoner's great coat pocket; he asked him where the other man was, and he said that he was with no other man—I said "How can you say that when I watched you myself with the other officer at the corner of the Gray's Inn Road?" he said "I never saw that man before in my life" he was quite half an hour with that man—it was pouring with rain the whole time—the other officer took him to the station and I walked close behind—he had 3s. 8d. in good money—I was in plain clothes.
Cross-examined. I do not know what became of the other man—I never saw either of them before in my life—I believe Sergeant Bannister knows the other, man—I said to the prisoner "Have you got any bad money about you?"—I did not say "If you have not, has the other man?"—he said "I have not, you are at liberty to search me"—I followed him three-quarters of a mile from the time I first saw him until he was taken—they parted at the lamp post hurriedly.
THOMAS BANNISTER (Police Sergeant G 7). On 24th May I saw the prisoner and another man coming out of a public-house—I made a communi cation to Harnell, who joined me—I followed them to Leather Lane—they went into the Coach and Horses, and after that up the Farringdon Road near a lamp post, they were evidently examining something under the lamp—they then separated—the inspector and I were together then—the other man ran sharply towards the corner and I ran, but could not see him—I rejoined the inspector—I went to a urinal, took hold of the prisoner's right hand and said "What became of the other man?"—he said "I have been with no other man"—I said "You have, and I know what your game is, and I have been watching you some time," or "some days;" I had watched them on a previous occasion—he afterwards said "I have never seen that man but three times in ray life"—the inspector asked him if he had any bad money in his possession and he said "If I have I am not aware of it, you can take me to my place of business and search me"—I had known them
both by sight—we took him into the fire engine station, searched him, and in his right hand great coat pocket I found this packet (produced)—there were three packets wrapped up in newspaper, each containing ten counterfeit shillings rolled in paper separating each shilling—this was underneath a handkerchief and a tobacco pouch—I said "Harry, there is something wrong here," and I opened the packet and saw what they were—I said "Here is a load and a half of brakes" that is a slang term for shillings—the prisoner said "Good gracious, that man must have put them in my pocket"—I said "Then in that case the best thing you can do is to tell me where to find that man"—he said that he did not know where to find him—I found two florins, 1s., and 8d. in coppers, good money, upon him.
Cross-examined. I saw what Harnell saw—I have no doubt his eyes are as good as mine—I heard Harnell give his evidence—I did not hear him say anything about examining something—the prisoner had something in his hand, it appeared from where we were standing to be of paper—I won't swear it was not the tobacco pouch—I knew the other man by the name of Captain; I followed him, but lost sight of him—I said that I could not swear upon which side of the prisoner the other man was walking.
NOT GUILTY .
MESSRS. METCALFE and SLADE conducted the Prosecution.
THOMAS MARTIN ELLIS . I am a sorter in the inland branch of the Post-office, and have been in that employ five years—the prisoner was a junior sorter in the newspaper branch—on the morning of the 21st June I was on duty at the Falmouth road sorting table—the next table to that is the North Devon, and the two tables are divided by a—wire partition—the table in front of me was about 5 feet square—about 7.55 a.m. the prisoner came to me for me to repay him 6d. which I had borrowed of him on Friday—I paid him and he sat on the rope and took up a handful of letters, looked at them, and put them down—we had some discussion about a cricket match, and I said that I could not talk to him as I had a great deal of work to do—I then saw him put his hand on my table, take up a small packet, and put it up his right sleeve—he then asked me if I was a teetotaller, I said "Yes, at present"—he said "I am going to have half a pint of beer," and walked away with his hat on—Smith, from the next sorting table, then made a communication to me and I went to Mr. Joel, the overseer, who went after the prisoner and brought him back—I then said "You have taken a packet off my table"—he said "It is a lie"—he shook his hand and I saw the packet fall from his sleeve—I said "There is the packet, Mr. Joel, just fallen from his sleeve"—I rushed forward and picked it up and put it in Mr. Joel's hand—there were no letters on the table, a bag hung there but the mouth was closed—this is the box, it was going to Truro, which is on my road.
WILLIAM HENRY SMITH . I am a sorter in the inland branch of the Post-office—on the morning of 21st June I was on duty at the North Devon road table, and saw the prisoner sitting on the Falmouth road table—he took up a handful of letters, looked at them, placed them down, and went away with his hat on, which is against the rules—I communicated with Ellis, and Mr. Joel brought the prisoner back—Ellis accused him of taking a packet off his road—the prisoner said that it was a lie; he shook
his sleeve and I saw the packet fall on my—table—there were' no letters there, I had cleared them all previously—Ellis took it—this is it.
Cross-examined by the Prisoner. Mr. Joel did not speak to me.
CHARLES JOEL . I am. acting overseer at the inland branch—on 21st June Mr. Ellis made a communication to me and I followed the prisoner to the door of the office—he was going off duty and had his hat on—I asked him to come back and see the inspector, and took him back to the Fulham road table—I heard Ellis say "There is the packet, Mr. Joel, he has just shook it from his sleeve"—I saw it on the table—Ellis took it up—it contained a mouth-piece, I believe.
Cross-examined. I think you took your hat off with your right hand and carried it in your right hand; you may have changed it into your left to shake the parcel from your sleeve.
Re-examined. In coming from the lobby I am not sure in which hand his hat was, but I saw the packet on the table when my attention was called to it.
ROBERT STEWART . I am a boy sorter at the inland branch—on 21st June I saw the prisoner sitting on a corner of Ellis' table with his hat in his hand—I saw Ellis speak to Smith, who spoke to Mr. Joel, and he fetohed the prisoner back—he went to the northern table—I saw him shake his sleeve, and Ellis said there is the packet, Mr. Joel; and when he took his hand away I saw the packet where his hand had been—I was deputed to attend in the Missing Letter Department of the General Post-office in this case, and when the prisoner came in he made a motion, I thought he meant, was I there on his business; I nodded my head—he was afterwards behind a screen and came and asked me if had been doing the same as he had, I said "No?" he said "What are you here for?" I said "On a little business referring to yourself;" he said, "Did you see anything?" I said "That is my business;" he said "Did you see the packet drop from—my sleeve?" I said "I cannot answer you that;" he said then you think I took it, and if you think I took it you had better say so; if I get half a chance I shall say that Ellis must have put the packet there.
Prisoner's Defence. I never saw the packet till they took it off the table.
GUILTY—Recommended to mercy by the Jury — Eighteen Months' Imprisonment.
OLD COURT.—Tuesday, June 27th, 1876.
Before Mr. Recorder.
HUNTLEY— Nine Months' Imprisonment.
GRINSTEAD and FISHER— Six Months' Imprisonment each.
ARTHUR REYNOLDS PLEADED GUILTY — Eight Years' Penal Servitude.
MR. STRAIGHT, for the Prosecutors, offered no evidence against MARY JANE REYNOLDS.
NOT GUILTY .
MR. M. WILLIAMS conducted the Prosecution.
JULES MARSHALL (interpreted). I live at 55, Charlotte Street, Fitzroy Square, and am an importer and manufacturer of bronzes—about the last week in September the prisoner called at my premises, and asked to see some bronzes—I showed him a clock and a pair of candelabra at 160l.—he offered 150l., which I at first declined to take—on 2nd October he called again, took out a cheque-book, and said "If you will give it me for 150l. I will give you a cheque at once"—he said his name was Plato, and that he was principal agent for the Australian business for all sorts of things, that he did a great deal of business, but he did not exactly say the extent—he said he wanted these to send with other bronzes, china and porcelain, to Australia—I consented to let him have the goods for the cheque—he told me to deliver the goods at Mr. Southgate's, in London Wall—on Monday I went with somebody and delivered the goods at Southgate's—they did not seem to know anything about the goods coming—I went next door to Plato, who was waiting for me—I said to him "I bring the goods here, but I have not unloaded them—he said "I will come down with you"—he did so, and told Southgate's man to receive the goods for him; they were then unloaded—the prisoner said "After you have unloaded the goods come upstairs to my place," and I did—he made me enter a second room, which was full of bronzes and china goods, and he said those were to be sent off with mine to Australia—he said "I can't give you a cheque to-day," and I was asked through bis head clerk as an interpreter whether, as the bargain could not be concluded that day, I would take 10l. on account—what passed at my place was in English—I saw "London & Westminster" on the chequebook he produced—I never got a cheque—I was induced to part with the bronzes seeing the quantity of bronzes and china goods—I had also confidence in the house of Southgate, also having shown to me some invoices and receipts showing that he was in connection with many French houses—I expected to receive a cheque for my goods, and I went to him three weeks after, and he then offered me three bills—I told him before taking those bills I must have his private address, but I never could get it.
Cross-examined by the Prisoner. I did not first call at your place of business to say that I had goods for sale—I sent somebody to see the appearance of the place—it was a cheque-book, and not an inquiry-book, that you had when you came to my place—you gave me 10l. at your office after the goods were delivered at Southgate's—I did not agree to accept bills for the remainder; the transaction was for cash—I tried to see you many times afterwards, but only succeeded four times.
By THE COURT. I would not have parted with the goods if I had not seen the cheque-book and thought he had an account.
JOHN SUGDEN . I am in the prosecutor's employ—I remember the prisoner calling with a clerk at my master's premises; I did not hear all that he said the last time he came—I heard him tell his clerk to tell Mr. Marshall that he had got a large order in Australia, and if Mr. Marshall would accept 150l. cash down, he could do business with him—he said he wanted the goods to go to Australia—I went with the prosecutor to deliver the goods at Messrs. Southgate's; the prisoner was not there—I remained in the cart with the goods while the prosecutor went to the prisoner's office
he returned with the prisoner, and I left the goods at Southgate's—I subsequently called several times at the prisoner's office, but was not able to find him; I found the place closed several times.
RICHARD ASHTON . I am house-keeper of Guildhall Chambers, Basinghall Street—the prisoner occupied one of the rooms for four weeks—a quantity of goods were brought there—inquiries were made for him Hourly every day, some of which I advised the bearers to take back—at the end of the four weeks he was taken into custody.
Cross-examined by the Prisoner. You did not tell me you had been shamefully deceived by another man—I advised you to desist from your nefarious transactions and to leave the place—you said you were a dealer in minerals—you owe me about 4s.—I did not say if you did not pay me I could do you a great deal of harm—you gave the name of Wilson at first, but afterwards wrote a letter in the name of Plato.
SAMUEL HARMER LINDLEY . I am manager of Guildhall Chambers—I let a room to the prisoner at 421 per annum—he was to pay me 5l. on entrance in advance, he never did, or any portion—he signed the agreement in the name of Wilson—he wrote me a letter, signed A. W. Plato, giving two references.
Cross-examined by the Prisoner. I called on one,—I was not quite satisfied, but I took you on the representations they made—you said you were a general merchant or agent—I had several complaints made of you, applications for money for goods delivered.
FELIX NASH HERBERT . I am cashier at the head office of the London and Westminster Bank, Lothbury—I have carefully searched the books of the bank there and at the different branches—in September and October we had no customer of the name of A. W. Plato.
Prisoner's Defence. If I had not been taken into custody I would have paid for the goods.
NOT GUILTY .
CHARLES JOHN WINTER . I am errand boy in the employ of Phineas Abrahams, of 118, Great Russell Street, Bloomsbury, fancy warehouseman—on Friday, 28th April I took a parcel of goods to 4, Guildhall Chambers, Basinghall Street, addressed to Mr. Wilson—I saw the prisoner, he had an office there—I put the parcel on the table and asked him for the money—I gave him an invoice for the goods, amounting to 3?. 17s. 3d. receipted—he took up a pen knife, cut off the receipt and handed it back to me, and kept the bill—he put the parcel behind a little partition and I saw no more of it—I asked him for it and he refused to give me either the money or the goods—I went back and told my master and he went there with me next morning; we could not find the goods, and he was given in charge.
Cross-examined by the Prisoner. You told me if cash was to be paid on delivery 5 per cent, ought to be taken off—I said I knew nothing about a discount, I was to have the money or the goods back—you wrote on a piece. of paper to give my master a reference to some one in the Strand—I did not go away satisfied, I stayed there about ten minutes or a quarter of an hour—there was another gentleman in the office writing, he had his bask to me.
PHINEAS ABRAHAMS . I sent my errand boy with a parcel of goods and a receipted invoice for 3l. 17s. 3d. to the prisoner in the I name of Edward Wilson—I gave the boy certain instructions—he returned without the money or the goods, he brought back the bill with the receipt cut off—I went with the boy next morning to Guildhall Chambers and saw the prisoner—I asked—him for the parcel he had stolen from the boy yesterday—he said "You must not come and kick up a disturbance here, if you want your money, my manager is out, call on Monday"—I got my hand over a little wicket and opened the door, I found an empty place—I sent the boy for a policeman—the prisoner tried to get out at another door and appealed for mercy—I detained him till a constable came and gave him into custody.
Cross-examined by the Prisoner. I did not ask for payment of the goods or say anything about discount, you tried to get rid of me—you said I could have my goods back, but you did not produce them and you refused to let me or the constable go with you to get them.
RICHARD POTTERILL (City Detective). On Monday 5th May I saw the prisoner in the cells of the justice-room, he called me and said that the goods were left at place in Finsbury Pavement—I went there and received them.
Cross-examined. The gentleman said he knew nothing of you, that you only asked to leave it for an hour.
JOHN DAVIS (City Policeman 597). I was called to Guildhall Chambers and the prisoner was given into my custody by Mr. Abrahams—I asked the prisoner if he bad got the goods—he said he had not got them there—I took him to the station, searched him and found 12s. 8d. him, also the invoice without the receipt—after he was locked up I went to Guild-hall Chambers, I only found a trunk containing coals and shavings, a table.
Cross-examined. There was a carpet there—I did not notice a fender—I had taken you into custody two or three 'hours before on a charge of false pretences and you were discharged then.
MARIA DUDLEY . I am in Mr. Abraham's employ—the prisoner came there and asked to look at some match boxes—I asked what kind he wanted, and. if he wanted the puzzle boxes—he said "Yes," he would have three dozen, then six—I told him they were 8s. 6d.; a dozen—he-looked out some brushes, a dozen, at 8s. 6d.; half a dozen, at 16s. 6d., and half a dozen, at 20s.—rhe gave me this card with the name of "Wilson, Guildhall Chambers" on it—I told ray master of the order, and he sent the boy with the goods with Certain directions.
The Prisoner in his defence stated that he had been in a' large way of business, but misfortune had brought him to ruin, that he was endeavouring to recover himself and would have paid for the goods if he had been allowed time.
GUILTY — Eighteen Month's Imprisonment.
NEW COURT.—Tuesday, June 27th; and
THIRD COURT Wednesday, June 28th, 1876.
Before Mr. Common Serjeant.
447. CHARLES GODFREY (57), was indicted (with. WILLIAM JARMAN BROWN , not in custody) for unlawfully conspiring to deprive Sarah Saul of her share in the goodwill of a certain business, and of 4,000l., her money.
MR. J. P. GRAIN and MR. D. METCALFE conducted the Prosecution; and MR. OPPENHEIM the Defence.
ROBERT HOLSHAM . I am a solicitor of 2, Sherborne Lane—I was engaged by the trustees of W. D. Saul to watch their interests—I produce a deed of partnership between Sarah Saul, Charles Godfrey, William Brown and William Salisbury Speiter—I am the attesting witness to it.
Cross-examined. William Devonshire Saul was the brother of Mrs. Saul's husband, he died I think in 1855, and shortly afterwards Thomas Saul, Mrs. Saul's husband died—I knew Mrs. Saul many years before that, and knew that she was carrying on the business under the will of her husband—her son, William Devonshire Saul, junior, managed it for her—he is about twenty or twenty—one—Mrs. Saul resided on the premises—it was a good business when her husband died—it was worn out and spoilt in 1858—' I do not like to say that it was bankrupt, but it was as near bankrupt as it could be without being bankrupt—the defendaut became traveller to Mrs. Saul in 1857, and during 1857 she informed me that during the time he was traveller he had lent the business 1,000l., but I know nothing about his lending her 50l. on an I O U—the partnership deed is dated 10th September, 1858—I know Mrs. Saul's writing, the signature to this I O U is hers. (Read:"I O U Mr. Godfrey 50l., November 21, 1857., Sarah Saul") Under the partnership deed Mr. William Saul, of Northampton, was appointed inspector—I don't know whether Brown was a clerk, but he was brought into the partnership, and I know that he was a partner—before tie partnership deed was signed, Mrs. Saul told me that unless, they had some capital to go on with the business must, cease to be carried on—at that tune 2,000l. was advanced by the trustees of William Devonshire Saul; those were the trustees of her husband's brother—the goodwill of the business was valued at 6,236l. 16s. 1d. and of that sum there was liabilities. due from the concern to Mrs. Saul's husband's estate 4,860l. 2s. 1d. leaving 2,000l. as surplus—the deed shows 2,15.0l.—the 1,100l. which Godfrey lent' Mrs. Saul has not been paid—Godfrey's share is 1,050l., and 50l., making 1,100l.—Brown brought in 500l. which is recited in the deed—Wood & Travers were the solicitors where the deed was drawn up; they are both dead—six other deeds were also executed; but they were not all deeds of indemnity—there is a convenant in the mortgage deed by the members of the firm to hold the trustees of the estate harmless—here is the deed containing that covenant—Mr. William Saul, a wine merchant, of Northampton, was appointed inspector under the deed, he was Thomas Saul's executor—he is a middle-aged man—a bill was filed against the trustees of the estate of William Devonshire Saul, on 15th May, 1862, by Mr. Webb, who married Mr. Saul's daughter. (Redding the prayer of the Bill). Miller & Miller were the solicitors to Mr. Saul, and to the bill—the result of that bill was that an order was obtained from the Court of Chancery directing the trustees to release all parties from their covenants, and bills were given by the firm to the children of Mrs. Saul as they came of age, in lieu of money—In the next suit of Saul v. Saul, filled on 18th August, 1864, I think I acted for William Saul—I think there was another bill filled in 1868 against Godfrey by one of the Sauls, but I was not concerned in it, and I hare not got it—I remember the taxing the costs in two of the Chancery suits, and I remember an order of court to pay Miller & Miller 2,500l.—I discussed the articles of partnership carefully with Mrs. Saul, and explained them to her, and she said that if she could get out of the business when re-constructed with 400l. a year for herself and her children to live on she should be grateful as long as she lived—she did not say that she regretted that
she was compelled to go into partnership—there was a meeting at Guild. hall Coffee House in 1868, Mrs. Saul was not present, but her son was; it was a formal meeting for putting an end to the litigation, and Mr. Miller put an end to it by serving an injunction on Mr. Saul, of Northampton, he was the executor of Thomas Saul—an injunction, was also served on the executor of William Devonshire Saul, as inspector under the deed of partnership—that put an end to the friendly arrangement which ought to have taken place at the meeting—I heard of a bill being filed by Godfrey against Sarah Saul, on 22nd December, 1871, praying for a dissolution of the partnership, but I know nothing about it—I had ceased to have anything to do with it then—I continued to act during the litigation for the trustees of the estate of William Devonshire Saul—the trustees insisted on the order being discharged for the purpose of getting out their 2,800l., and the order of 2nd August was to release the parties from their covenant—I know that those bills were duly delivered to Mrs. Saul's children, as they were entitled to them—I think the amount of those three bills was 2,803l.—I know nothing about it, except hearing it talked about—I know nothing about the way the business was managed or mismanaged after it came into the receiver's hands.
Re-examined. I did not draw the partnership deed of 1858—when it was necessary to put fresh capital into the business, the children's trustees lent 2,800l., and as that was a breach of trust they were anxious to relieve themselves from any responsibility—a bill was filed by Mr. Webb, for the purpose of fixing the trustees, but the Court decreed it to be a proper disposition of the money and said that the trustees should be allowed to lend the money and take acceptances—that did not affect Godfrey or Brown in any way—the result was that the 2,800l. was lent by Mrs. Saul's children through the trustees, and acceptances taken for the amount—I had nothing to do with the proceedings till the meeting at the London Coffee House-Brown's 500l. was credited to him in the books as his share; he gave personal security for it.
FREDERICK WILLIAM SCHRIBER . I am a general merchant of Walbrook, and am Mrs. Saul's son-in-law—on 28th August, 1872, I was appointed receiver to the estate of Saul, Godfrey & Brown, by order of the Court of Chancery, under which I took possession of all the books, and of the assets of the firm—Mr. Godfrey was there when I took possession, but I had no particular conversation with him then—I had known the premises for many years and had been in the habit of going in and out—there was hardly any stock there—there was half a pipe of Tarragona, a Spanish port, a. cheap wine, and a little brandy and whisky—there were eight or nine clerks and servants there up to the last time I was in the place, but when I went into possession there was only one clerk, and an old cellar man—I had an inventory taken, about a week afterwards by Hudson Brothers, the wine and spirit brokers of Moorgate Street—this is the bonded stock book, and I believe all the books of the firm are here—I am well acquainted with them—the amount of bonded stock when I went in was 145l.—I examined the books a day or two afterwards, to find out the amount of sales during previous years, and found that the sales in 1869 were 27,500l.; in 1870, 29,600l., and in 1871, 25,000l.—the sales in January, 1872, were 2,615l.; in February, 1,642l.; in March, 1,284l.; in April, 2,828l., and in May, up to the 18th, 1,788l., from May 18th to the end of the month, 804l.; in June, 850l.; in July, 786l., and in August up to the time of my appointment,
642l.—I find that the monthly sales in 1872 include sales to Keating & Son, 116l. 12s. 1d. on 26th June, 56l. 16s. 2d. and on 10th July, 652l.—that leaves for the month of August, up to my appointment, a balance of 9l. 11s. only, to other customers irrespective of Keating & Son—I find also on 6th June, an entry of the sale of sherry to Mr. Yerworth, 6l. 12s., and on 18th, of spirits to Mr. Yerworth, amounting to 5l. 14s. 9d.; on 28th June, a sale to Mr. Yerworth, amounting to 3l. and another on 2nd July to 10l. 9s. 10d.—Mr. Yerworth was a clerk to the firm of Saul, Godfrey & Brown, and afterwards he went to W. J. Brown & Co., of Worship Street—I find in day-book No. 6 that the date of April 23rd, is out of place, being put before March, and I find that that account has written against it "Advance account only"—it is for a quantity of wines and spirits, amounting to 412l. 7s.; I do not know of my own knowledge that that was a sale by Godfrey—I also find in this book on May 23rd, an entry of a sale to Mr. Balchin, of six quarter casks of I brandy, amounting to 162 gallons, at 2s. 8d. a gallon, making 21l:13s. 9d.—I find by the bonded stock book that that brandy cost 2s. 7d. per gallon—I have also traced the sale of the same brandy coming by the same ship toother regular customers who were charged 4s. 6d. or 5s.—I also find the following sales: June 12th to Batchin, 354l. 18s. 8d.; June 26th, 41l. 10s., and 89l. 15s. 6d.; July 15th, 36l. 5s.; and July 18th, 67l. 7s. 6d.—I have made these four lists (produced) from the books of all sales to Batchin, Mitchell, Yermuth, and Patten, frith the cost to Saul, Godfrey, and Brown, and the prices they were sold at, showing as far as I can identify the goods, the total loss on the transactions—the amount of stock of the firm on 1st January, 1871, was 5,551l. 18s. and the amount of goods they parted with up to 31st December—was 18,000l.—the stock of the firm on 31st December, 1871, including utensils in trade amounted to 3,782l.—this (produced) is a list of the whole year's of the partnership, it gives the capital at the end of each year and the amount of drawings of each partner and the assets and liabilities of the firm from 1858 to 1871—the trade debts of the firm on 31st December, 1871, were 925l. in addition to which they were liable on bills of exchange for 4,481l. which included bill accepted by the firm for 2,500l. on behalf of the children—I find from the books that on 31st December, 1871, 4,068l. was standing to the credit of Mrs. Saul, the prosecutrix; that is in the balance-sheet, sand there is 3,502l. to Godfrey's credit—I find that from 31st December, 1871, up to the time of my appointment as receiver the drawings out by Godfrey amounted to 3,923l. 17s. 3d.—that does not include 697l. 13s. 5d. drawn out by him on 29th August after he had been told that I was appointed receiver but before I went into possession—I was appointed on Thursday the 28th and I told him on the Saturday that I was appointed—I was not in the Court when the order was made that I should be receiver—the 697l. was not all drawn out on his own account, 480l. of that amount was paid to William Saul, of. Northampton, the inspector—I know William Saul's writing and I found his receipt for 480l., dated 27th August, among the papers at Aldersgate Street; and there is interest besides that amount, including another amount that was ordered to be paid back to me, and was paid back to me by order of the Court of Chancery—I find that the gross payments of Saul, Godfrey & Brown in June, 1872, amounted to 3,784l. including 600l. drawn out by Godfrey—supposing no sales had been made in that mouth to the nominees, and that Godfrey had not drawn out, they would
have had 1,131l. to their credit over and above their payments, without the necessity of selling anything—from 1st July to 29th August the day that I went into possession, the total receipts of the firm amounted to 7,545l. of which 1,204l. is made up of monies purporting to be paid by Balchin, Yerworth, Keating & Son, Pattern & Mitchell, and deducting that 1,204l., that leaves 6,344l. net receipts, irrespective of sales to nominees—I have here the monthly balances from my appointment taking out the amounts of sales to nominees, and taking into account all the payments made by them on the acceptances to the Saul family, and I say that they had ample funds to meet all liabilities, including the amounts to the Saul family, without selling any wines at all, and I am prepared to show that, month by month—I can-not trace a angle entry in previous years to show that they ever made any forced sales—after I was appointed receiver I had to meet liabilities incurred after January 1st, 1872, for goods purchased, the amount of which in round numbers was 1,900l.; and I can point out cases where wine so purchased on credit, and which I had to pay for afterwards, was sold to Keating & Son, and Balchin—this list (produced) of the payments to the Saul family, and to William Saul, of Northampton, I made out from the cash-book—those are payments made subsequent to January, 1872; only one or two were made before that—the total is 3,509l.—I still say that they always had sufficient cash in hand without forced sales, and without borrowing money—the amount of purchases from 1st January, 1872, to my appointment was about 9,000l., but in June the purchases only amounted to 30l.—from the end of June to my appointment only one bottle of champagne was purchased—I have also extracted this list of the customers of the firm standing on the books on 31st December, 1871, who had dealings with the firm in 1871—here are 670 active customers; they are mostly inn and hotel keepers in the country—I have ascertained from the books that on 25th June bills were discounted by Godfrey to the amount of 846l.; they were the acceptances of different customers of the firm, and they were paid to the bankers and turned into money—on June 3rd bills were discounted to the amount of 410l.—this (produced) is the cheque-book of the firm of Saul, Godfrey, & Brown—this counterfoil of 5th June, "Sundries, 680l., change," is in Godfrey's writing—this cheque for 680l. and the signature, are in Godfrey's writing, and this, "W. J. Brown," is in Brown's writing—that appears in the pass-book, and the cheque is cancelled as cashed—I understand that 680l. was drawn out to pay someone; it was turned into cash, but being called "change," other cheques may have been paid in of 1,000l. from some other source—cash was paid into the bank on 5th June amounting, to 1,100l.—when cash is paid into the bank I can generally find from whom it has been received—this is the paying-in book, and I find here "5th June, paid in 1,110l.—I find that on on 25th June they discounted bills with the bank to the amount of 846l., and that Godfrey drew out 310l. on 1st July and 230l. on the 8th—I find that on 18th July they discounted bills to the amount of 574l., and that on the same day Godfrey drew out 500l.—I produce the cheques for those amounts, signed by Godfrey, and passed through the bankers—when I was appointed I found about 3,300l. of acceptances of the firm under discount," and two-thirds of that amount, about 2,200l., were dishonoured, but they were ultimately met, except to the extent of 970l.—it is not unusual that customers may not be ready with the money, but yet they may be good
bills in the long run—the retained bills came back through the bankers, and I had to refund them the money; the estate at one time owed me 500l., which I had had to refund—when I took possession, about 261l. was handed to me, including money in the bank, and there was about 530l. stock—in consequence of those bills being returned I had not the money to resuscitate the business, and I realised the stock at a profit of about 20 per cent., the usual amount—I find in the cash-book three entries with T. E. against them—that means "Trade expenses of Saul, Godfrey, & Brown;" on is on 13th July, 1872, for 150l., payable to-George Books, Esq., and on the same day, 100l., payable to Brawn, the other defendant, and on August 6, 55l., payable to Messrs. Eooks & Co.—all those cheques are signed with the usual signature of the two defendants, and debited to cash, expenses—this counterfoil of July 18, is in. Godfrey's, writing, it has written underneath "To my solicitor, for my protection"—on the counterfoil of the next cheque, dated July 18, is "To Mr. Crook, for the protection of W. J. Brown," and on August 6, three days before my appointment here, is written on a cheque "To my solicitor, for my protection, 55l.—those are all countersigned by William Saul, of Northampton, the inspector—at folio 187 of the private ledger, the three amounts I hare mentioned, one is headed "Trade expenses," those amounts are not debited in the books or in the ledger to the private account either of Godfrey or of Brown—those are monies drawn out of the assets of Saul Godfrey, & Brown, and debited to trade expenses, and not entered to the debit of any particular partner—here are twenty or thirty copies of letters in the copy book, applying for money, to the customers of the old firm written while he was there—here is one of June 28, 1872, written by Smethurst, on behalf of the firm—he was partly clerk and partly collector—there are other letters here stating that the business is wound-up, and that it is necessary to call in the accounts—the letters do not solicit a transfer of the custom—I had an empty cask returned to me with this card (produced) on it—I found this circular at 15, Aldersgate Street—it is a blank form. (Thisstated: "Our partnership having expired by the fluxion of time, we beg to enclose a statement of accounts). I found a number of those—I also found this circular. (This was signed W. J. Brown & Co., 8, Worship Street, November, 1872, staling that their new premises were completed, and asking for custom). The card came back nailed to a cask after 2nd September.; it had on it "W. J. Brown &Co, wholesale wine and spirit merchants, 8, Worship Street; Mr. W. J. Brown, late of Aldersgate Street"—that card had not been sent out from Aldersgate Street—it was produced in the Chancery proceedings—this is a circular issued by me after I was appointed receiver. (This was dated August 15, 1872, signed Saul & Co., and stated that their business was stillbeing carried on at 15, Aldersgate Street.) The solicitor told me to put Saul & Co."—wishing to sell the goods we sent round the circular in the old name—when I took possession I found some of these cards on the premises and utilised them to save expense. (Read:"18th January, 1873. We fog respectfully to inform you that our Mr. W. D. Saul will have the pleasure of waiting upon you on or about the 29th, when your commands will be esteemed a favour by your obedient servants, Saul, Godfrey, & Brown.") I filled in the name and date as they are here; I thought I was justified in using them—I cannot tell—you whether any accounts were collected by a Mr. Lozam after he beeame traveller to W. J. Brown.
Cross-examined. I married the prosecutrix's daughter in 1860 and the partnership was in 1858—I did not interfere much in the Chancery proceedings, I acted as best friend for Mrs. Webb in the first Chancery suit—I do not know that I was a party to the suits of Saul v. Saul in 1864, and and Saul v. Godfrey in 1867—I only know that I paid 60l. for costs in Saul v. Godfrey—I knew of the suit filed by Godfrey on 22nd December, 1871—Godfrey did not press Mrs. Saul to have the business put up for sale under the 23rd clause of the deed, but he offered 500l. for the business and she refused it—I do not know that he after that asked her over and over again to have the matter carried out by private contract, nor do I know that he did not—Mrs. Saul was not examined at the police-court—she may be in this neighbourhood, I have not seen her for some time—I am receiver in two suits—I know of a suit filed against Godfrey on 8th June, 1872, in which Elizabeth Saul and Thomas Charles Saul, the children of Mrs. Saul, are the plaintiffs—Thomas was not then a minor—Godfrey petitioned for an order of Court to wind up—it appears by the partnership deed that 2,800l. was advanced by the trustees of William Devonshire Saul—I have been over the books carefully and find that during the fourteen years of the partnership, Mrs. Saul drew out of the concern 11,508l., that is an average of 842l. 10s. each year—she had put in 2,150l., which was the difference between the assets and liabilities of her husband's estate—the value of the business as a going concern is the difference between the assets and liabilities, but not the goodwill—the share belonging to Mrs. Saul when the partnership expired was 4,068l.—what I am telling you now is from the boob and not from what I have heard—I cannot find it from the books here, bat in the old books—I can refer to the books and point out to the Jury where the recital in the partnership deed is false—I believe that the capital she introduced was the difference between assets and liabilities, I do not mean valuing the thing as a going concern; no goodwill—the value of the house was 50l.—the liquidation account is at Aldersgate Street, I left all the old books there—I do not know that the property in the concern which was valued to Mrs. Saul as 2,150l. only realised 1,500l., but there is something about it in the liquidation account—when the partnership expired the capital in the concern belonging to Godfrey was 3,852l.—Miller & Miller acted in the six Chancery suits—it was under two cross actions that I was appointed as receiver—the accounts ordered by the Court to be taken have not been taken, it was found useless, I believe—I have never been in the wine business—I went into the concern on 29th or 30th August, 1872, and Godfrey went out, but he came once or twice afterwards to inspect the book—I sent out these circulars in the name of Saul, Godfrey & Brown because I carried on the business in the name I found it in—the bill prayed that those three should not carry on the firm, but this was the remainder that was left of Saul, Godfrey & Brown—it was not a year, but only a month before that that the Master of the Rolls decreed that the business was at an end—I know nothing about five writs being served on the members of the firm on 8th January, the day the bill of Saul v. Godfrey was filed, except that they have been paid—they were, I believe, to receive 2,798l. 14s. 9d., the sum unpaid, for which promissory notes had been given—the plaintiffs are Mrs. Saul's children, and they sued their own mother, who was one of the partners—Miller & Miller were the attorneys—I had nothing to do with the settlement of those actions—I do not know what terms Mrs. Saul imposed on
Godfrey and Brown, but I think time was given; the last amount was not paid till May or June, I think—Godfrey & Brown had a certain sum out of the firm monthly—Mrs. Saul had 280l. in 1872, and between January and August 3,509l. 8s. d. was paid out of the business to the Saul family—before I was appointed receiver a bill was filed by Sarah Saul against Brown and Godfrey, and there was a decree of the Court on 18th June, 1875, ordering an account to be taken; that account has not been taken, it would be useless—I have made out an account of the goods which were sent to Worship Street between May and August, 1872—I find the names of all the persons to whom goods were supplied, entered in the books of the firm, with marks showing that they were sent to Worship Street, but the whole amount was only about 150l.—against Balchin'sname in the day-book of sales I find written "By order, 8, Worship Street," at a different time or with a different pen, and "ditto" to the goods sent to Yerworth, Mitchell, and Pattern—here is another small entry in August to Mr. Balchin of 2l. 15s. 8d. omitted in July—I have had possession of the books ever since I became receiver—the amount of goods sold from January 19 to August 29 only amounted to 2,000l.; those are the sales to the; nominees—I find that during the same time Godfrey drew out 1,500l.—I do not know whether that includes sales—he drew out for himself 3,958l., but I do not know whether that includes sales to nominees—he has given credit for 2,000l. out of the 2,300l., which I say is drawn out, and he afterwards paid back to me 697l. 15s. 5d.—if the firm had been closed, he would not, after drawing oat 3,266l. 13s. 10d., be still entitled to 622l., because there were bad debts—his capital did not amount to anything like 3,852l.—supposing that everything "was realised which stood, on the books, 622l. would be due to him—he paid me back 697l. for debts due by the firm, but he was not entitled to so much money as he drew out—by the bankers' book the balance at the bank on 1st June was 712l. 18s. 4d., and on the 5th they paid 1,093l. 5s. 6d. to Thomas Saul, which passed through the bank on the 12th—the balance at the bank on 5th June was 2,000l.—on the 8th a 100l. bill of Mr. Woodman's became due, and a 200l. accommodation bill of Mr. Rouse, and Messrs. Halls' 200l., and on the 12th Taylor & Graysbrook, 100l.—when I say that there was sufficient on June 1st to pay this l,093l. 5s. 5d., I mean that there was sufficient time during two or three months to pay it and leave a balance in hand—I cannot tell the Jury whether if on June 1st or 5th a cheque had been drawn for that amount without disposing of goods to meet it, what amount would have been left, but I can do it—they would also have had enough to pay 790l. 7s. 4d. to William Saul at the end of the month—at the expiration of the partnership 8,385l.; was standing out—the assets when I went in as receiver, and before I paid 'the liabilities, were about 2,900l., the stock realised that—the liabilities of 1872 were about 1,900l., and the assets outstanding about 2,600l.—the assets did not amount to 5,001l. 12s. 1d., without putting anything down for the stock or the goodwill—they amounted to about 2,600l., and I received 260l. in cash, and had to pay 1,900l. liabilities, which left me a balance in hand of 20l. or 30l.—I have got the customers' ledger, which shows that 3,359l. 1s. 8d. was due to the firm, and I dare say that is correct—from December, 1864, down to December, 1871, I dare say 9,681l. 13s. is correct as the sum written off for bad debts—the accounts were audited annually, part of the time by Mr. Lovering, of Worship Street, and part of the time by other accountants—an account was, I believe, made out by Mr. Lovering in August, 1872,
when I came in, or just before—the amount of goods sold to nominees was 2,000l., and I have said that I estimated the loss on them at 1,500l., but it was 1,200l.; I had not cast it up then—I say that out of 2,000l. I can identify l,200l. sold at less than cost price, upon which there was a log of 30l. or 40l.—I do not think there was any gain on the other 500l.—I sold the stock at 20 per cent, gross profit—I have made a statement of the net profits during the fourteen years of partnership: from 1858 it was less than 10 percent., then 7 per cent., then 5 per cent., and then 3 1/2 percent, but 3 per cent. I do not quite agree with, though I swore it—the profits of the last four or five years must be divided among the lot we over-valued at one time.
Re-examined. In 1858 they made 1,258l. net profit after'allowing for bad debts and everything, and 2,000l. in 1863; 1,468l. in 1868; l,571l. in 1869, and 997l. in 1870—the Chancery suit of Godfrey against Mrs. Saul, was to have the business sold—previous to the filing of that bill by Godfrey, he had offered her 500l. for the business, which she refused, another bill was afterwards filed by Mrs. Saul's children against herself and the partners, praying that the goodwill should be declared to be the property of their late father—the two bills were heard together, and a decree was made finding that it was the property of the testator, and then a bill was filed by Mrs. Saul against her partners, Godfrey, Brown, and a Mr. Findlay, the decree in which has been produced—there was a short suit in 1865 and 1866, of which they had to pay the costs, and the next was Godfrey v, Saul, in which Godfrey had to pay the costs—the goods marked "Ordered to Worship Street," on July 18th, are Balchin's, and amount to 69l. 17s. 6d.—it is in Smithies' writing, he is dead—I took him on as a clerk after my receivership—he discharged himself, but I would have discharged him if he had not gone—the next entry in Yerworth, 97l. 11s. 9d., in Smithies writing—the next is Mitchell, 9l. 10s. 8d.; Cullen, 10s., and Balchin, 2l. 1s. 3d., and "To Worship Street," is written by Smithies—there are three entries to Keating, amounting to 1,800l., but no intimation that they and Mr. Balchin's went to Worship Street, and I do not think they went to Mr. Brown—I do not find the slightest intimation in any of the books that the sales of wine made through Keating & Son, were sold or purchased by Mr. Brown, of Worship Street—I do not find in the Aldersgate Street books any loans by Godfrey to Brown—the stock that I actually received was about 530l. worth—the book debts stood at over 4,000l., but they only realised 2,600l., and in order to meet the debts; I had to pay 1,900l. out of what I received on account of liabilities incurred by the two defendants leaving me about 30l. in hand—the goods are sold mostly under cost price, there is no substantial profit—I have traced the same articles sold earlier in the year at a considerably higher price.
By THE COURT. The stock handed—over to me was almost unsaleable, but I sold it three or four years afterwards—the brown brandies were almost unsaleable.
JAMES KEATING . I am messenger to Messrs. Chatteris & Co., accountants—they are trustees in the matter of Godfrey and Brown—I have possession of their books, I produce two private ledgers of Godfrey and Brown, one bought ledger, one cash book, and one invoice book—those are the fire books I was ordered to produce at Worship Street—I have a journey ledger at home; I have had no notice to produce that; I will bring it tomorrow, and also the day book and the country ledger.
Wednesday, June 28th, 1876.
WILLIAM BALCHIN . I am a forwarding agent and merchant at 2, Fen-church Street Buildings—in May, 1872, Mr. William J. Brown came to my office respecting a sale of wines—he married my sister—I had known the firm of Saul, Godfrey, & Brown many years before this interview—I had: bought their wine for private use—I had seen Brown before with reference to a sale; I saw him somewhere about March or April, 1872—I recollect a sale of wine by Mr. Godsall in April, 1872—I had seen Mr. Brown about 11th January, 1872; when he brought me wine warrants—the wines they represented were sold in bond, partially by Mr. Godsall—I delivered the warrants afterwards to someone else—about 11th January Mr. Brown called on me and stated that he had a lot of family bills coming due, and had not the money to meet them, and not liking to expose the affairs of the firm to money-lenders, he had arranged for a private advance on dock warrants, using my name, for which I should have a commission—I agreed to the arrangement, and he handed me certain dock warrants, of which this is a list—it is in Brown's writing—he handed me a cheque for 758l., which I paid into my bankers, and handed him a cheque for 742l. 18s., at the same time be gave me a letter which I have searched for but cannot find—it authorised me to sell the goods—it was a sort of letter of hypothecation—I don't remember by whom it was signed—that is all that took place, on that occasion—I saw him before 18th April, the day of sale—it was arranged between us that the goods were to be sold if the money was not coming—I put them in Godsall's hands for sale—I put in for sale from 397 to 437—the same goods described here were given me by Mr. Brown—we protected the goods at the sale and got excellent prices—I was present at the sale—some of them were not sold, they were bought in by my orders; properly protected—the wines were booked to Brown—I saw him again about May, when he proposed that he should use my name for the purchase of goods on the Aldersgate Street concern; he was then in Worship Street; I objected and recommended him to have nothing to do with it, and advised him to buy the goods in the open market—he said that Godfrey wanted to get his money but of the whole concern and did not want to sacrifice the goods at auction—he then represented that he had had large transactions of a similar nature with Keiling, whom I knew as a highly-respectable firm—I said "If Keiling's have no objection I have none, provided proper values are given"—I then allowed invoices to be sent from Saul, Godfrey, & Brown, Aldersgate Street, to me—I paid this firm for the whole of the goods by cheque at different times—none of the goods were delivered to me—I received from Brown similar amounts, including a small commission—I was in funds from Brown before I paid, Saul, Godfrey, & Brown, of Aldergate Street, for the goods invoiced to me.
Cross-examined. I had small transactions with the firm for my own private use before January, 1872—it was two or three days before 11th January, 1872, that I first saw Brown about these dock warrants—he did tell me he had some family bills to meet—at that time I heard some writs were issued—Mr. Brown, a friend, and myself, attended the sale and got first-rate prices—we ran them up against each other—in one instance, I think, we got 60 per cent, above what a similar brandy sold for in the same sale—the invoices came to me with a fair market wholesale value—I took the precaution to test them—the whole of these goods were entered to me at the fair market wholesale value.
MARCUS LATHLIN ARDLER . I am actuary to the Licensed Insurance Company—at the beginning of 1872 I was possessed of the premises, 8, Worship street—up to that time I had not known anything of Mr. Godfrey or Mr. Brown—only Mr. Brown called upon me in the matter—that was some time in May, 1872—I received this letter (produced) from Mr. Brown some considerable time after this—this lease was granted by me to Mr. Brown—this is the lease (produced)—it is dated 3rd February, 1873—(A letter of May 14th, 1872, from Mr. Brown to Mr. Ardler about taking the premises was here put in). I think it was a few hours before receiving that letter that I first saw Mr. Brown.
HORACE YERWORTH . I am now a wine merchant, carrying on business with Mr. Chitty, in Tower Street—I was, up to the early part of 1872, for some years in the employment of Saul, Godfrey & Brown—up to the end of 1871 the business was lucrative—it continued so for a month or two after 31st December, 1871—I first found out that goods were being entered in my name in May; the month I went to Worship Street and engaged myself to Mr. Brown as clerk—I left the old firm—I took the managershi—I found by the books that the business of a wine merchant was being carried on in the names of ten or twelve customers of the old firm—this book is from the country ledger of the Eldersgate Street business—Mr. Brown was at Worship Street daily, but he was out a good deal—I had no conversation with him at Aldergate Street about the Worship Street premises—we had sometimes two travellers and some times three—Mr. Chitty and Mr. Lazarus were two, and there were two clerks besides myself, and one cellannan—that was not the whole of the staff—these that I have named subsequently went to Worship Street—I don't recollect that Mr. Brown spoke to me about having goods 'invoiced in my name—it came to my knowledge by receiving invoices from Saul, Godfrey & Brown—they were put upon the business file—I paid monies on account of wine to Saul, Godfrey & Brown; under 50l. I should say—I took the money from Mr. Brown's cash-box—I went into Mr. Brown's service on 1st June—there were orders then on the books—this book commences the business—the. first date is May 27, '1872—I don't recollect that Mr. Godfrey came tc those premises in June—when he came he came entirely—when with Mr. Brown I superintended the forwarding of circulars to the customers of the old firm—before I left the old firm I superintended the circulars calling in all the accounts of the old finn—these circulars (produced) are what were sent.
Cross-examined. Mr. Brown supervised the books at Aldersgate Street—Godfrey superintended the despatch of goods—I did not known Mr. Brown before he yas a partner—the goods sent to Worship Street were' invoiced at market prices—everything went on right until about the end of 1871 with the Aldersgate Street firm—early in 1872 I saw Mr. Miller, a solicitor there—about that time I knew the firm were being pressed for a large sum of money to pay certain judgments—I knew there were several Chancery suits pending, in one of which I made an affidavit—and had the pleasure of being examined and cross-exaroiued for two or three days—I do not recollect in which suit that was—the' business began to decline in 1872—I believe I left on the last day of May—it is customary in this business for travellers to bring their own customers, to a very great extent a traveller leaving his old firm would carry the customers to another firm—some of the travellers that left the firm of Saul, Godfrey & Brown weut to the Worship Street business—they would therefore carry their
business with them—I have been in business for myself one year—some of the customers of the old firm have come to me and Mr. Chitty's entire connection—he is my partner—Mr. Godfrey has never made any complaints to me, and if he did I might tell him he could complain as much as he liked.
Re-examined. I did not get these customers until shortly after Godfrey's bankruptcy—I continued at Worship Street until shortly before it—Mr. Chitty had a connection before he went to Saul, Godfrey & Browne.
JOHX JEREJMIAH . I am clerk to Messrs. E. H. Keiling & Sons, wine brokers, Tower Street—I was in their employ in the early part of 1872—at that time I knew Mr. Godfrey and Mr. Brown—I saw Mr. Brown at our office, but I could not say which month—I don't recollect receiving any communication previously—the conversation, to the best of my recollection, was. that he wished the goods that had been invoiced to Worship Street sold through Keiling's—this invoice (produced) was received by our firm—I do not know the handwriting at the bottom.
F. W. SOHRIEBER (re-examined). This invoice is Mr. Godfrey's writing at the bottom, and this receipt also.
JOHN JEREMIAH (continued). The goods were sold on account of Saul, Godfrey and Brown; I had some slight doubt about it—we charged a commission—we sold those goods to Brown, of Aldersgate Street, and delivered to him the invoice of W. J. Brown & Co., Worship Street—we sold some goods on August 1st for Saul, Godfrey & Brown to W. J. Brown, of Worship Street—this is the invoice (produced)—we also sold goods for them to Mr. Brown, Worship Street, for 233l.—we received these receipts from the firm in Worship Street.
Cross-examined. I never saw Mr. Godfrey in any of these transactions—the prices at which the goods were bought and sold were the then fair market rates—before being examined at the police-court I had the pleasure of being twice examined at the Court of Chancery; it was about twelve months ago—I do not remember which suit it was—all these transactions were ordinary business transactions, there was no peeuliarity in them, they are such as would occur every day.
JAMES PATTEN . I am a carman in the neighbourhood of Worship Street and Aldersgate Street—in 1872 I conveyed wines from different parts for Mr. Brown—I brought some from Aldersgate Street—I never bought any for any amount of Saul, Godfrey & Brown—I never authorised anybody to invoice wines in my name—I never rsceived any money in any shape or way from Saul, Godfrey, or Brown for wines, only for work that I did.
Cross-examined. I have seen Mr. Godfrey during my work—I never had any conversation with him, or received any directions from him.
JOHN COLLINS MITCHELL . I am a shipping agent, of Fenchurch Street—previously to 1872 I had known Mr. Brown for some years, and I had known Mr. Godfrey—I did not in 1872 authorise any member of the firm of Saul, Godfrey & Brown to invoice wines to me—I did not purchase any in that year from Saul, Godfrey & Brown, of 15, Aldersgate Street; I did not, therefore pay any of these amounts—I did not order such wines in any shape or way.
Cross-examined. I was examined at the Court of Chancery before being examined at the police-court—I gave precisely the same statement there, at the police-court, and here to-day.
NOT GUILTY .
FOURTH COURT.—Tuesday, June 27th, 1876.
Before Robert Malcolm Kerr, Esq.
PAGE— [Pleaded guilty] Judgment Respited. (See Half-yearly Index).
KING— Five Years' Penal Servitude.
MR. SIMS conducted the Prosecution; MESSRS. M. WILLIAMS appeared for
Murphy and Holland, and MR. MOODY for Rawes.
GEORGE OYLER . I am one of the firm of T. and G. Oyler, fruit salesmen in Spitalfields Market—Holland was formerly employed by our firm—he left suddenly in September last, and I saw and heard nothing of him until after 17th March—while he was in our employ I kept a banking account wills the Whitechapel branch of the Central Bank of London, Limited—this cheque for 165l. (produced) is not my signature—to the best of my belie! it is in Holland's writing—I have seen him write and have his writing in our books—I used to buy of J. C. Jones—he was not a customer on March 28th—he was dead, he unfortunately got drowned—there was no cheque book that the prisoner had access to—I recognise this piece of paper as missing from our book—there is a number on it—I am able to say that it was taken out while the prisoner was with us—(produced) that is the cheque-book—the counterpart and all is gone—we have missed two cheque besides this one, they are consecutive numbers—that book was in our possession in September. (The cheque was here read, and it was for 165l., signed in the witness's name and endorsed J. C. Jones). The prisoner was never authorised to sign the firm's name, nor to draw a cheque—this other cheque (produced) is also one removed from this book—the writing resembles Holland's. (This was for 69l. 18s. 6d., signed T. G. Oyler, and endorsed Thomas Dann). Mr. Dann was a customer of ours at that time—Holland was never authorised to sign that cheque.
Cross-examined by Mr. M. Williams. I have no doubt about it being in Holland's writing.
JOHN DAVIS RANDALL . I am clerk to Messrs. T. and G. Oyler—I know Holland—I was in Messrs. Oyler's employ last September—I have seen Holland write, the body of these cheques are in his writing, and the endorsement also—I have seen Holland imitate the signature of Messrs. Oyler—I have some of Holland's writing.
WILLIAM CHARLES ALLEN . I am a cashier at the Whitechapel Branch of the Central Bank of London—on 25th March, I received this cheque for 69l. 18s. 6d.—I paid it to the person who presented it; I do not know who, I gave three 20l. notes, and 9l. 18s. 6d. in money—those notes were numbered 1971, 1972, 1973, and dated 19th July, 1875—on 30th March, I cashed the other cheque for 165l.—I gave three 50l. notes, numbers 60504, 60506, and 60507, dated 18th May, 1875, and 15l. in cash.
WILLIAM GEORGE HACKMAN . I am a cashier at the Bank of England—on 25th March I cashed three Bank of England notes, each for 20l., Nos. 1971, 1972, 1973, dated 19th July, 1875—I have them here—in exchange
for these I gave eight Bank of England notes for 5l. each, numbering from 91080, and 20l. in gold—on one of the notes there is the name of Dann—I do not know the person who came—I did not see the endorsement put on.
LUCY MASTERS . I have been living at 1, Charles Street, Stepney—I was acquainted with Holland for some years; he used to lodge with my mother up to September—then he left and we did not see. him again till 17th March—we received a pocket book of his to take care of, and it was kept behind a picture in my mother's house—it contained some paper—I cannot read or write—I saw him on 17th March and gave him the pocket-book and papers—I did not open it to see if it had papers in or not, therefore, I don't know, but I believe—I lived with Holland for a time in some lodgings—he did not at that time give me any money—as far as I know he was not in possession of any—he gave me a lot of gold a little while after he came home—I first knew Murphy and Rawes about a fortnight after I became acquainted with Holland; after 17th March—I was introduced to them by a young woman—as far as I know Holland did not know them at that time—Holland and I knew them at one time—I knew them as Mr. and Mrs. Rose—they were living at 92, Nelson Street—I went there to live with them for a time—I heard a conversation between Holland and Mrs. Rose as to a cheque—Holland asked Mrs. Rose whether she would get Mr. Rose to pass it through the bank; Mrs. Murphy went down and brought up Mr. Rose and asked him to do it, and he said no he had better do it himself—Holland went out and returned with some money the day after—it was a lot of gold and a lot of notes—I saw Holland do some writing and then go out—Mrs. Rose was present and myself—I said "Don't, Tom, don't do it;" Mrs. Rose said "Go on, Tom, you will be all right"—when he returned with the money he gave the notes and gold to Mrs. Murphy, taking a little himself—he gave me a few sovereigns and two 5l. notes—he gave Mrs. Rose for herself two 5l. notes besides some gold in a bag which he gave her to take care of—the furniture at No. 1, Charles Street was bought by Holland and I went to live there—the gold and notes were then at Mrs. Rose's house—I have been to Mrs. Fleegar's, the Greyhound, Shadwell Heath—that was before we had No. 1, Charles Street—four of us went, Mr. and Mrs. Rose, Holland, and me—Holland stayed there for a time—I heard a conversation. about his doing so—they, wanted him to stop there because, they said, he had been drinking, and wanted him to have a quiet lodging—I saw him again about the third day after—after this he left again suddenly and I went down and saw him at Cardiff—before he went Mrs. Rose came round one morning and said "Tom, do get away at once, the police are after you," the detectives or something, "Get away, and my husband will meet you at a certain house"—Holland then went—he said "Fetch me all the gold and you keep the notes"—I did not see Holland again before he went to Cardiff—he did not return to the house—I think he had been gone about a fortnight before I went down to him—he did not come back with me—Mrs. Rose gave, me 5l. in gold to go down to him—she did not give me any money at any other time—I never paid her back—she did not give me any money for Holland—Holland said to me "When you go home tell Mrs. Rose that there is 20l. missing out of the bag of gold"—I did not do so, and ho wrote a letter to me, which I got a young girl to
read—I never said anything about it to either of the Rose's, or of its contents—when Holland returned he sent me round for Mrs. Murphy, he said "Tell her about the 20l. being missing out of the bag"—Mrs. Murphy came round and took him to 92, Nelson Street, and gave it him there at the time she gave me the 5l. she said she was going to get rid of the notes in case the police should come and find them in her house—she said she was going to sell them—I recollect seeing a man named Freeman about the second Sunday after Holland was away in Cardiff—Mr. and Mrs. Rose were present—she said "Do you know that gentleman?" I had seen him once before, and said "Yes"—she said "Well, I am going to sell the notes to Mr. Freeman in case Tom is taken, so that we shall have the money in gold to defend him with."
Cross-examined by MR. M. WILLIAMS. Holland and I were taken to Murphy's house originally by a woman named Dorrington—up to that time I had not known Rose and his wife; neither had Holland—the Roses were living together as man and wife—I did not know where he got the money from and he did not tell me—he had lived in ray mother's house—I was surprised to see him with so much money—before he went to Rose's Holland had given me money and I had given Mrs. Dorrington some—I saw a paper signed with regard to the furniture to be bought—that was at the tint Mrs. Rose said "It is all right, Tom"—I did say a word before the Magistrate about Mrs. Rose going to sell the notes—I was not under the impression that the money was honestly come by, because Holland was doing no work at the time—I did not hear him say at any time that his relations had gives him plenty of money.
Cross-examined by Mr. Moody. Mr. Rose was present at the time of the conversation about Freeman—I said so before the Magistrate.
Re-examined. This cheque (produced) is the paper that was signed when Mrs. Rose said "You will be all right, Tom"—Isaw Mrs. Murphy puther name across there—when he told me he was going to get some more money I said "Don't, Tom"—I thought he had got the previous money wrongly and thought he was going to get some more wrongly—it was on that occasion that Mrs. Murphy said "Go on, Tom, you will be all right"—he then went out and brought some more money—Annie Dorrington is a friend who lived in the house I first lived in with Holland; she knew the Roses, I suppose she is in the habit of visiting them.
ALFRED BANFORD . I am barman to Mr. Goddard, Bedford Arms, Bedford Street, Commercial Road—Rawes has been a customer there for two years—I remember at the end of March or the beginning of April cashing a note for him (note No. 91,080 produced)—he endorsed this at the time; I think this is his endorsement; there is no date on it.
Cross-examined by MR. MOODY. He was a customer—I knew him well.
JOHN MATTHEW STEELE . I am in the employ of Mr. WILLIAM DICKER, a pawnbroker, of 303, Commercial Road—I know Murphy; she had a watch and chain in pawn with us about two months ago for 10l.; she took them out on 31st March—she paid with two 5l. notes and 3s. 4d. in money—I did not take the numbers of the notes—I paid those notes in to our account with Messrs. Barclay, Bevan & Co., on the following Monday—the watch was put in by the prisoner Rawes—this is his signature, which he did in my presence at the time he put the watch in.
Cross-examined by MR. MOODY. It was pawned on 2nd March by Rawes.
Messrs. Barclay, Bevan & Co.—Mr. William Dicker, of 303, Commercial Road", has a banking account with, us—on 3rd April this year these two Bank of England 5l. notes were paid in to his account; they are numbers 99118 and 99119, dated 29th December, 1875.
FREDERICK PEARSON . I am cashier at the Bank of England—on 30th March I cashed three 50l. notes, numbers 60904 to 60906, dated 18th May, 1875—I gave for them twenty 5l. notes and 50l. in gold—the notes were numbers 99,118 to 99,137, dated 29th December, 1875—the three 50l. notes were endorsed—I am not able to recognise the person who gave them to me.
JOHN NEATE . I am an upholsterer carrying on business at 160, Jubilee Street, Mile End Road—on 1st April, 1876, Lucy Masters and Mrs. Murphy. came to my shop and bought goods amounting to 6l. 5s. 8d.—they were paid for with two 5l. notes, and I gave 3l. 15s. change—I did not take the numbers—I paid them in to my account with the Stepney branch on the 4th April.
FRANK SINGER . I am clerk at the Stepney branch of the London and South Western Bank—Mr. Neate keeps an account there—on 4th April, 1876, he paid to his account two 5l. Bank of England notes, numbers 19083 and 19084—Mr. Leonard Leffley also keeps his account with us and on 3rd April, 1876, he paid into into his account a 5l. note, number 99137, and dated 29th December, 1875.
LEONARD LEFFLEY . I carry on business at 148, Sidney Street, Mile End—I know Rawes—on 4th April, 1876, he came into my shop with a little man who he introduced to me as Jackson—that is Mr. Rawes and that: Jackson (pointing to the male prisoners)—he. came for a suit of clothes and paid me anew 5l. note; they came to 53s., and I delivered the clothes myself at 92, Nelson Street—I paid the note into the South Western Bank.
Cross-examined by MR. MOODY. I have an entry of the order; it is in Mr. Rawes name, and I delivered the clothes at his address—he has introduced customers to me before.
Re-examined. I have not the slightest doubt about the prisoners.
ALBERT ROBERT SAVAGE . I am an auctioneer, of 52, Brick Lane—I hold sales of furniture every week—I held a sale on 29th March, 1876—I know Mrs. Murphy by her coming to the sales; she was at that sale—she bought goods to the amount of 14l. 16s., and paid 2l. 10s. deposit—the larger amount was paid two days afterwards, on the 31st, with three 5l. notes—I did not keep a copy of the numbers—two of them I afterwards paid to my account with the Shoreditch Branch, Bank of London—afew days afterwards I saw Murphy again; she said a detective had called at her place respecting certain notes which were traced to her, and they turned out to be stolen—she also said there would be sure to be some inquiry or some proceedings instituted, and that I had no occasion to be alarmed about it, that she could account as to how she got them in a satisfactory manner.
HENRY NEWMAN WILSON . I am a cashier at the Shoreditch Branch of the Central Bank of London, Limited—Mr. Savage keeps an account there—on 8th April, 1876, he paid in two 5l. notes, dated 29th December, 1875, Nos. 99121 and 99134.
—the three prisoners were at my house at the beginning of April, and Lucy Masters with them—Mr. and Mrs. Rose asked me if I would have Holland there for a week; they said he had just come home from Brazil, and had been drinking brandy and made himself ill—they said he was their nephew—they asked me to make him comfortable—they left him there, and he stayed that night and went next evening—the three came again for him—he came to me again for one night, and when Mr. Rose came to fetch him on the second occasion Mr. Holland said he had got to go back again to his employers; they would not allow him to stay any longer, and he was going to Portsmouth—I asked 15s., and Holland gave me a sovereign.
JOSEPH MARRYATT (Policeman H). I took Holland on 23rd May, and charged him with forging and uttering two cheques upon the Central Bank. of London—I took him at 1, Charles Street, Stepney—the girl, Masters, was in the house, and several women I did not know—I found him in the kitchcn—when I told him the charge he said "Yes, I know I did it; but there's others in it besides me. I paid 35l. for this house, 35l. in notes I gave Mrs. Rose to mind. There is no one here but me and you; what will you take to let me go? I will clear out and not be seen again." At that time no one was present—I had got him in the parlour, and then Masters came in—Masters said "Tell the truth, Tom; you know Mrs. Rose was there when you forged the second cheque"—afterwards I saw Murphy, and directed a constable of the K division to apprehend her—I charged her with being concerned with Holland—she said "Good God! I know nothing at all about it"—I searched Holland's boxes, and found this receipt, some bills for new furniture, and an agreement for the sale of a house—some letters were handed to me some days after by Masters.
Cross-examined by MR. M. WILLIAMS. I am quite sure she said that Mrs. Rose was in the room before he forged the second cheque.
JOHN STEVENS (Policeman H). I took Rawes at 92, Nelson Street, and charged him with being concerned, with Mrs. Murphy, in aiding Holland in forging two cheques upon the Central Bank of London—he said "I know nothing more than they bought the house for 35l. I went with Holland to Leffey's, purchased a suit of clothes, paid a 5l. note, and received the change. We had a trap and went down the Ilford Road. I pulled up at a house and had a liquor. Holland gave me a 5l. note to get change, as I had no silver. That is all I know. I am willing to go with you anywhere."
The Prisoners' Statements before the Magistrate.—Holland says:"What I have to say I will say at the trial." Rawes says:"The two 5l. notes that I signed were two that Masters gave me to get her watch out of pawn. If I had known they were wrongly come by I should not have put my name on them, as I knew they could go back to the bank and could be traced."
GUILTY . HOLLAND— Seven Years' Penal Servitude .
MURPHY and RAWES— Eighteen Months' Imprisonment each.
250. WILLIAM HENRY LEWIS (23), PLEADED GUILTY to unlawfully obtaining by false pretences from Francis Cook and others, twenty-five yards of satin and other articles—having been before convicted— Five Years' Penal Servitude . And
MARSHALL**— Five Years' Penal Servitude.
HUMPHREYS*— Eighteen Months' Imprisonment.
JAMES CARTER . I am a grocer at 65, Westbourne Street, Police—I know Miss Reeve, a district visitor—she gives away orders for grocery of the value of 1s. each to the poor people—I produce a genuine order of the 12th which I received from Mrs. Marshall—that was not presented by the prisoner—I had eleven other forged orders presented—this one was presented by the prisoner—I said "Who gave you this?" she said "A woman gave it to me"—I went to Miss Reeve, she came down and asked the prisoner where she got it from, and she said a woman gave it to her; Miss Reeve said it was not an order, and of course she could not get the goods.
Cross-examined by the Prisoner. I never saw you at the shop before.
CLARA REEVE I am a district visitor, and live at 65, Westbourne Street, Pimlico—occasionally I give orders to poor people of the value of 1s.—this order is not in my writing—I never authorised any one to write it for me—I came down and saw the prisoner in the shop—I asked her where she got it from; she said a woman gave it to her—I had seen her before once at a house—she had known me then—I had no conversation particularly with her, there were several in the room—she knew of a Mrs. Marshall having an order from me—I cannot say whether she was in the room, but she was at the door—I nest saw her in the shop.
BENJAMIN LEESON (Policeman B 393). I took the prisoner—I said that I held a warrant for her apprehension for knowingly uttering a forged order for delivery of goods, and should take her in custody; she said "All right, I will go with you, I had the order given me in the street by a woman, I had no idea of its being forged. I told her I would try it."
The Prisoner's statement before the Magistrate. I got the paper from a lady. I do not know who she was, on the Friday, and I kept it until the following Tuesday, and then came down to Mr. Carter's and I gave him the order, and he went up to Miss Reeves, and she asked me where I got it from. I told her I got it from some lady in the street. She asked Mr. Carter if I had ever been there before, and he said "No." I turned and asked Miss Reeve if I was to have anything, and she said "No." I thought the order was genuine, and she said "No."
NOT GUILTY .
MR. MORTEN conducted the Prosecution; and MR. STRAIGHT the Defence.
ALEXANDER LAFLIN . I am a fishmonger, of 411, City Road—on the morning of 13th June I lost a trunk of soles—I made inquiries and was told that some chap had taken them—his dress was described, and which way he went, so I followed in his track—when I got to London Bridge I found the soles on a barrow—I stopped the man and asked him what he had to do with those soles, he said "Oh, they are not mine, they belong to that man there, pointing to the prisoner." I went and asked the prisoner what he had to do with them, he said that they were not mine. I said "Yes, they are, they belong to me," and gave him in charge—I did not give the prisoner authority to take them.
Bridge, and the prisoner said "Are you going over to the Borough"—I said "I am," and he put his trunk on my barrow—I stopped on the way for about seven or eight minutes to have some ale—the last witness came up to me and said "Are these your soles." I said "No, they belong to that young man," and I left them to settle it between themselves.
He was further charged with a previous conviction, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, June 28th, 1876.
Before Mr. Baron Huddleston.
MESSRS. POLAND and F. H. LEWIS conducted the Prosecution; and MESSRS. MOODY and MEAD the Defence.
JOHN HENRY MILLIGAN . The prisoner is my father—on 11th May I was living with him and my mother at 26 Redhill Street, Regent's Park, my two sisters and a little brother, we were all living in the same room, a kitchen—my mother's name was Susan Milligan., she was 36 years of age—I shall 15 in August, my sisters are 7 and 5 and my little brother 2—my father was a coal porter in St. Pancras Road, my mother kept a mangle—I was employed at a chemists; on 11th May I left home to go to my work about 2 o'clock in the afternoon—my mother was at home and appeared to be in her usual state of health—I returned home about 10 o'clock in the evening, my mother was standing in a corner of the room and ray father was standing close alongside of her, undressed, he had only his shirt on; my mother was dressed, father was not sober, mother was—they were having words with one another, I don't know what about—I shortly afterwards left the room and two or three minutes afterwards I went to a window which looked into the kitchen: I heard my father swearing very much, calling mother names and I saw him kick my mother in the stomach—he had no boots on; mother was standing at the time and had her hand on the end of the mangle and she sat down on the end of the mangle directly after—I afterwards went into the room, my mother seemed in great pain, she was crying and my little sister was by the side of her—my father was about in the middle of the room, not in bed—mother said he was no man to kick a woman in the manner that he did—he said "Confound you will your hold your noise" mother said "No," on that he threw a basin at her, it struck her on the forehead—these (produced) are the pieces of the basin, it is a slop basin; her forehead bled very much—he threatened to throw a loaf at her which was on the table—at the time the basin was thrown my mother was still sitting on the mangle—after this father got in to bed; my mother sent me to fetch a lodger, Mrs. Bayliss, father said he would not have anybody brought in the room—after that I went to bed—I left my mother on the mangle still dressed—I did not see her on the floor at any time; she told me to go to bed—I awoke about 7.15 in the morning I found that my father had left the room—mother was lying on the bed dressed as she had been the night before—she spoke to me, she seemed to be ill—I then left to go to my work—I was fetched from my work about
12 o'clock, I had to go to Albany Street police-court, and from there to where my father works and then back again to Albany Street—I got home again about 4.30 p.m., and then found that my mother was dead.
Cross-examined. The room in which we lived was an underground room, it looked into an area which was covered with a railing level with the pavement—there are two windows to the room, they only come up a few inches above the railings—I had not to stoop down to look into the room, I was out in the street and could see straight through to the other side of the room—there was a light in the room—one of the windows had upright railings before it—I looked through the other with the flat railing; it is a corner house—there was usually a blind to the window, but not at that time, it was down, so that I could see through—when I returned at 10 o'clock my sisters and brother were in bed—the room had the ordinary furniture, table, chairs, bed, and fire-irons, and cooking things—the mangle was a large one and took up a good space there were two iron bedsteads, one a large one in' which my father and my mother slept with the girls, and a small one where I and my little brother slept; there are two doors, one into the passage and one into the area, you go up steps from the area into the street—I went to sleep in about five minutes after I went to bed—I had to go over the way to put up some shutters first—father and mother had quarrelled before this at times; once he left the house in consequence of a quarrel and passed the night in the street—my mother worked hard at the mangle; she sometimes took a little drop of beer, not very much, not spirits; at Christmas time, I think, I did see her have too much—at Easter or Whitsuntide she very likely took a little—father had to leave for his work early in the morning—sometimes on pay nights he might take a little too much—he worked regularly—he did not bring his money home regularly to his wife—I was standing in. the gutter when I was looking through the window—my mother's side was towards me, she was standing at the end of the mangle—they were not in the same positions when I came back as when I went away—I never saw my father's face scratched at any of the quarrels or his whiskers pulled—I did not not notice whether his whiskers were pulled on this night—my mother was sitting on the mangle when I came back, not when my father kicked her; she stood up when he came towards her and he kicked, her, she did not move towards him, she did not go above half a foot nearer; she looked as if she got up to avoid him—she was sitting down when the basin was thrown; father was standing in the same position as before—I went off to sleep and heard nothing more till I awoke about 7 o'clock—I did not go for any doctor or lodger.
MARK WINDYER TRAILL . I am a M.R.C.S., and obstetric assistant at University College Hospital—on Friday, 12th May, I was sent for a few minutes before 11 o'clock—Mr. Broster sent for me—I went at once to 26, Redhill Street,—I got there a few minutes after 11 o'clock—Mr. Broster was there—I went into a room downstairs and there saw Susan Milligan lying on the bed, dressed—the police were there and some women—the prisoner was not there—I examined the woman, she was faint from loss of blood and was losing a little then; she was conscious, the pulse was very weak—I examined the womb, she was in labour and bleeding a little—I attended to her and stopped the bleeding by rupturing the membranes—I gave her a stimulant—I stayed with her a little over an hour and then left Mr. Broster in charge of the case—she was very low, but I considered her in a fit state to be left, or I would not have left her; she was not in danger
at that time—she had a cut on the forehead above the right eye which might have been caused by a basin—there was a great deal of blood underneath the bed and in the bed, it had gone through the bed—there was also dried blood in the corner by the mangle on the floor—a little before 2 o'clock in the afternoon I was sent for again—Mr. Broster was still there—I found the child had then been born—she was conscious, but very weak and faint from loss of blood; she was in danger—Dr. Williams went there with me and he examined the womb; I saw him do so; it was relaxed and she was bleeding from it—she rallied a little, but had a relapse a little after 4 o'clock from fresh bleeding—I was with her when she died, about 4.30—I apprehended danger when I got there the second time with Dr. Williams at 2 o'clock—I took Dr. Williams there in consequence of what I heard—she spoke to me afterwards, she asked to be left alone, to be let die in peace, two or three times—I had not told her that she was in danger—I saw the child, it was born dead, it was about an eight months' child—I made a post-mortem examination on Sunday 15th—I found the body of the woman well nourished—the cut on the forehead was about three-quarters of an inch in length—there were three or four bruises on the lower limbs below the knees—there were no other external marks—the organs of the body were healthy, very bloodless—I examined the uterus, it had the usual appearance of a woman after labour—the immediate cause of death was loss of blood—a woman eight months gone in the family way kicked in the stomach might bring on premature labour and bleeding from the womb before death; I don't say that it would, but external violence is a frequent cause of it—there were no abnormal appearances on the post-mortem why this labour should have been premature, nor anything in the appearance of the child.
Cross-examined. The bruises on the leg were slight, and I should think three or four days old; they were in about the middle of the shin, they might have been caused twenty-four hours before my seeing her—the cut on the forehead had been washed, that was all—that injury was not in any way connected with the premature confinement—I found no external bruise in the neighbourhood of the abdomen; I examined with a special view to that—I found no injury to the uterus, or on the muscles—I ruptured the membranes on the first occasion, that was to stop the bleeding, that would lead to the discharge of the waters—there had been no discharge of the waters before that—the discharge of the waters necessarily results in delivery—the consequence of violence to the abdomen of a woman in her advanced state of pregnancy would not be the discharge of the waters; I had never attended her before—abortion is due to disease, fright may cause it, premature confinement does not occur from natural causes—a blow or a fall, or unusual exertion may produce it, as well as a kick; I don't think previous premature confinement caused by fright would render her more liable to it again, it would only show that fright would have more effect on the nervous system—if I had not been informed of the kick I should have asked for the cause of the first bleeding; there was nothing in the appearance of the body to indicate violence; I attribute death to hemorrhage, and I should have inquired into the cause of that.
ARTHUR ERDSWICK BROSTER . I am now house-physician at University College Hospital—on 12th May, I was a student there—about 10.45 that morning in consequence of receiving a maternity order I went to the house of the deceased; I found her lying on the bed partly dressed; she was semi-conscious, about pulseless, and blanched—previous to my arrival she
had been bleeding from the uterus and the womb to a considerable extent, and the blood was then trickling from the womb—I thought it prudent to send for Dr. Traill, became, and left me in charge—labour was progressing when he left; I gave her stimulants, eggs, and so forth, which restored consciousness and produced warmth—the child was born dead, about 1 o'clock—the bleeding had ceased before the birth.
JOHN WILLIAMS , M.D. I am assistant obstetric physician of University College Hospital—I was sent for to the deceased, I arrived about 2 o'clock after the delivery, I made an examination of the womb—she was then alive and bleeding a little—I could not form any notion of the cause of the bleeding, it was a bleeding into the womb and out of it, that is unusual—hemorrhage accompanying confinement may arise from violence or other causes—I was not present at the post-mortem—a kick on the stomach would be sufficient to account for the bleeding and the child being born dead—there was nothing in the child's appearance to account for its death, if was apparently a healthy child.
Cross-examined. I had never seen the woman before; I say a kick would probably cause the bleeding.
By THE COURT. Supposing a woman to be kicked in that part-1 should not expect to find external marks, bruise or discolouration, because the parts are so soft that they would yield to the kick—a bruise proceeds from extra-vasation of blood—the distention of the part by the foetus would not produce sufficient hardness to give discoloration, because the foetus is surrounded by water.
ELIZABETH BAYLISS . I am the wife of Thomas Bayliss, and live at 26, Red Hill Street, on the second floor the Milligans lived on the ground-floor—they had lived there nearly twelve months—on Thursday evening, 11th May, about 8 o'clock or 8.30, I saw Mrs. Milligan in the washhouse, she was in and out talking to me all the afternoon—I knew she was pregnant—and had arranged to attend her in her confinement—I saw nothing of her during the night after 8 o'clock—next morning I sent down two sheets to be mangled, her little girl came up for me twice; I went down about 9 o'clock or 9.15, I found her lying on her side on the bed, her face was covered with dried blood—I asked if she wanted me; she did not answer—I touched her and said "It is me Mrs. Milligan"—she said "I am dying." (The Court was of opinion that this would not be sufficient to admit, as a dying declaration, any statement made by the deceased; two things must to exist to make it admissable: that she was in a dying state, and that she made the statement under the full belief that she was in a dying state, so as to give it the sanction of an oath). She put her hand across her stomach; I did not examine it.
Cross-examined. I have seen the deceased take a glass or two-of beer, but I never saw her actually drunk, not incapably so—the prisoner and I had a few words on one occasion; I once interfered when he was illusing her—when she said "I am dying"—she said "Get me vinegar, get me brandy"—she afterwards said "Lord have mercy on me, I have been wicked, let me die in peace"—that was about 12 o'clock.
MARION ATKINS . I am the wife of James Atkins, a boatman—I lived in the same house as the deceased—about 10 o'clock on the evening of 11th May—I had occasion to go downstairs for a can of water, and I heard words between the prisoner and his wife—he said "You b——, if you don't hold your noise, I will murder you," and he said he would never sleep with her any more—I did not hear her speak, she was crying for help—I was not
downstairs two minutes, I beard words all that time—I then went upstairs—the boy was outside at that time.
Cross-examined. I saw him outside, I looked out of the top room window when I got upstairs again—my husband was not in, my mother was with me—I did not attach much importance to the language I heard, I knew they quarrelled—I once saw the prisoner go out after a quarrel, and he remained out all night—the deceased sometimes used rather bad language; I never heard her call him names, I never stayed to listen.
WILLIAM PHILP (Detective). I was sent for, I ultimately went to 14 Arch, Old St. Pancras Road, where the prisoner worked, about 4 p.m. on 12th May—I had a warrant, which I read to him—I also told him that his son son had stated that he kicked his mother, and I cautioned him that whatever he said I should use in evidence against him—he said "I was at home in bed last night, and about 10.30 she came home drunk, and was carrying on at me. I said 'Will you hold your tongue, you b——?' She said 'I shan't.' I picked up a basin and threw it at her; it cut her forehead, but I did not kick her."
J. H. MILLIGAN (re-examined). The kick which my father gave loked like a hard kick; it seemed as if it went with very good force (the witness described it)—I had not been looking at them above two minutes before I saw it—mother had not attempted to strike him, or throw anything at him—words were passing between them; I could not hear what they were.
Witness for the Defence.
ELIZABETH HAWKINS . I am married, and live in Stanhope Street, Hampstead Road—I had known the deceased about six and a half years—I attended her as nurse in her confinements with her last four children, and I likewise delivered her of one dead child—I attended her the whole time; they were very bad confinements, always a hæmorrhage before birth and after, with each child; a flooding—one was a premature confinement with a seven months' child—that was not the last before this; it was the second I nursed her with, about four years back—I am not only a nurse, but a midwife—each of the confinements was accompanied with flooding—I was with her this last time, and never left her bedside till she was dead—the prisoner has always been kind to her, and the first thing he did when he came home was to give her his money—he was always very good, as far as I know, to everybody—that was the reputation he has borne among his fellow-workmen and friends.
Cross-examined. I was in the habit of visiting her—I have seen him the worse for liquor, not frequently, several times—he was never violent to her in my presence, either when in drink or not—I heard of her jaw being injured; I did not see it, it was never broken—I heard that she had a hit in the mouth, not by him; I don't know how she got it—she fell down the steps; I was then present, and was helping her up with a basket of mangling things—I don't know that she was injured then—I never heard that her jaw was broken, and I don't believe it was; it was not very bad—she could eat very well afterwards—when she fell on the steps she said she had hurt her face, her jaw, or her mouth, rather—she was not taken to the hospital about the jaw, that I heard—the prisoner and she did not constantly quarrel, they would have words at times—a surgeon attended her in each of her confinements after they were over—I was present at the birth of this last child; I had been engaged for months before, and she would never have anyone else if she could have me—I have not had children of my own—
she was always complaining about her husband; she has complained to me of his ill-usage, not in his presence, no more than she has said to him "You would like to murder me, would you not?"—she has said that many times—she was a very aggravating woman when she has had anything to drink—I have seen her throw a paraffin lamp at him, and a knife and a plate, and he has come and asked me to go in and keep her quiet—I never saw him with marks of violence on his face; I have seen her use acts of violence to him, about three weeks before this occurrence.
The prisoner received a good character.
GUILTY of manslaughter — Fifteen Years' Penal Servitude.
MESSRS. POLAND and J. F. CLERK conducted the Prosecution.
JOHN BULLAMORE (Policeman Y 359). On Friday morning, 28th April, about 1.30, I was on duty in Dickenson's Lane, Crouch Hill, in uniform—I heard a noise, as if a door was broken open, proceeding from a hay shed at the bottom of a field belonging to Holland House, Mr. Underhay's, and I saw a light proceeding from the same place—I went to see what it was, I had to leave the road and go across a field to the shed—I saw the shed door standing a little way open, I opened it and looked in, and turned my light on to the prisoner—I found him crouched up in a corner—I asked what he was doing there—he said "I have only got here out of the rain," that he did not know where to go to—I told him he had no right there, it was private property, and he would have to go to Highgate police-station with me—he began to cry and said he hoped I should not take him there—he came out of the place as far as an iron fence, Be tried to get over that, I told him there was a gate close by and he had no occasion to get over the fence—he said "I tell you I am going over here;" he tried to get hold of my throat, I had hold of him—he then got hold of my whiskers and held me tight; he then slipped his that and his coat off that he had got tied on the top of his other coat* and started off running away, leaving them behind; I followed him up the field and overtook him, he then turned Sharp round and went back to the fence again, in going over the hedge I caught him by the leg and struck him on the leg with my truncheon—I did that to detain him—he drew his leg from me and fell head foremost—I'had hold of him and had a struggle with him—he got over the hedge and struck me on the head with a short ladder that was there—I got over the hedge after him and there we had a struggle on the' ground, I got' him on the ground, we had a long struggle—I then asked him if he would go quietly—he said yes, if I would let him get up—I let him get up and he then caught hold of me, first by the privates, and tried to kick me after, and then I hit him on the head with my truncheon, and then asked him if he would go quietly—he said no, he was not going to lose all that blood for nothing—he was bleeding a little—with that he took out his pocket knife and stabbed me three times—I did not see the knife; he stabbed me once in the neck, just over the bone, once on the left arm, just in the thickness of the arm, and once on the right side of the head—those stabs wounded me through my clothes—the prisoner had got hold of one end of my truncheon and he took it away—I was obliged to release him after he had stabbed me, because I felt the blood running down and I was getting weak
from loss of blood—he walked away, taking ray truncheon with him—I walked to the Crouch End Railway Station, and there saw two constables, who assisted me to Highgate police-station—the inspector at once sent for Dr. Forshall, who came and examined my wounds—I was taken in a carriage to the hospital, where I have been six weeks all but two days—the prisoner was brought to the hospital the same morning—I am sure he is the man—the inspector examined my clothes—I did not feel more than three stabs—I was scratched a good bit about the face.
DR. FRANCIS HYDE FORSHALL . I am divisional surgeon of the police at Highgate—on the 28th April, between 2 and 3 o'clock in the morning, I was called by a constable to Highgate police station to see Bullamore—he was faint and pulseless and soaked in blood from his neck down to his hips—I found three wounds—on removing his underclothing I found a large mass of clotted blood in front of the chest and abdomen—the hemorrhage proceeded from three wounds, one on the right aide of the head about three-quarters of an inch long, dividing the scalp and going down to the bone, that was not dangerous in itself, if erysipelas had intervened it would have been serious—the second wound was on the left upper arm, at the back part, a little above the elbow; that was not in itself serious—the third wound was in the neck, at the junction of the sternum and clavicle, on the right side, immediately over the caroted artery and the jugular vein; that was very serious and in a most dangerous vicinity, it possibly touched the artery—he was faint, his head could not be raised for some time—there was an enormous quantity of blood—I afterwards took him to St. Bartholomew's Hospital—he was too weak to be taken that night; I left him in charge of the surgeon at the hospital—I then went with Sergeant Hughes to the spot where this occurred in front of the hen-house or shed I found this large screw driver (produced); on the grass close by I found a piece of cloth, which Sergeant Hughes picked up, it was just on the opposite of the hen-house, where there was a gap and where there was a ladder lying; on the further side of the hedge from the lane beyond where the ladder was and where the grass showed signs of a struggle—the door of the hen-house had been forced and a portion of the wood was lying on the ground—I tried the screw driver with it—I afterwards went to the Holloway police-station and there found the prisoner in custody—I examined him—he was bleeding from a wound in the head, he had very severe bruises on the back part of the arm and elbow and upper arm, there was also a bruise on the leg and on the forehead, blood was running down his face—the bruises were all freshly inflicted, and they corresponded with the injuries which the constable previously told me he had inflicted on the prisoner—I was present at the first examination of the prisoner before the Magistrate—I then examined his thumb—there were wounds at the base of the thumb, such as might have been inflicted by teeth—the prisoner asked me if they were not like bites; I said they were—I gave the piece of cloth to Detective Webb.
GEORGE HEAD (Policeman Y 337). On Friday morning, 28th August, I was on duty in Annette Road, Holloway, about 6.5.—I saw the prisoner walking quickly down the road without a hat—I followed and stopped him, and told him I should take him into custody—he asked what for—I said he must go to the station to give an account of how he came to be in that state; he had cuts on his head—he said he was drunk the night before and got fighting, and had been kicked—I took him to the station and the
surgeon examined him—I saw him searched, and a bunch of keys and two door keys were found on him—I afterwards took him to St. Bartholomew Hospital, he was there shown-to Bullamore, and he said "That is the man, I am quite sure."
HENRY WEBB (Detective Officer). On the morning of the 28th August, I was at the Holloway police-station, Dr. Forshall then gave me this piece of black cloth, I compared that with the prisoner's trousers, and it exactly corresponded with a torn part on the right leg—I told the prisoner there was a constable in St. Barthalomew Hospital who had been stabbed, and I should take him to the hospital to the constable, and if he was identified by him he would be charged with stabbing him—he-made no answer—I took him to the hospital, and the constable identified him—I asked him if he had any doubt—he said "No, not the slightest."
JAMES MCCONNELL (Police Inspector Y). About 2.30 on Friday night, 28th April I was on duty at the Highgate police-station when Bullamore was brought in by two other constables—I examined his clothes; there were ten cuts in his cape, such as would be done by a sharp pointed-knife; six in his great coat, two in the right breast, one in the left; one in the left arm near the elbow, and one on the left shoulder blade; in the under coat I found four cuts, two on the right breast, one on the left shoulder, one on the left arm and one in the left breast; his clothing was satursted with blood.
Prisoner's Defence. I leave myself to the mercy of the Court. I can't say anything. I have been been twenty-five years in 'Her Majesty's service, and have a good conduct medal.
GUILTY on Second Count — Ten Years' Penal Servitude:
NEW COURT.—Wednesday; June 28th, 1876.
Before Mr. Recorder.
256. WILLIAM CURTIS (19), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Sarah Osborne, and stealing therein shirts, petticoats and other articles, her property— Twelve Months' Imprisonment.
EDWARD MAYNARD . I am-a-mason of 116, Cotton-street—on 29th April I was at a coffee-stall in Whitechapel, I unbuttoned my coat and took 20s. in silver from my pocket to find a penny—I put it back again, and five or six persons round me began to blackguard me—one of them hit at me, and the prisoner came behind me took my money out of my pocket and kicked me on my ankle—they all ran away—I went after them as well as I could, and saw the prisoner with a policeman; he pointed at me and the policeman released him and caught hold of me—he was running off again and another policeman stopped him—he dropped some money out of-his hand, some of which went on the pavement and some down a grating, which was obtained the next morning—my head was cut open by stick or a stone, and I was all over blood and was kicked about the shins.
Cross-examined by the Prisoner. I can swear that you are the party who took my money and kicked my ankle—I fought with five-or six—nobody picked me up but myself—you did not wipe my eye and tell me to give over.
JOHN BUNYAN (Policeman H 29). Just after midnight on Sunday I heard cries in Commercial Road, Whitechapel, and saw the prisoner running with several others—I said "What have you been up to"—he said "Nothing, you have got the wrong man"—Maynard then came running past without a hat, and his coat unbuttoned, and the prisoner said "That is the man you want"—I released the prisoner and followed the prosecutor but some one sang out that I had the right one—the prisoner was stopped by Sergeant Purchase, and the prosecutor came up and said "I shall give that man in custody for stealing 18s. from my trousers pocket—I asked the prisoner what he had in his hand, he said "Nothing"—I endeavoured to open his hand and felt money in it, which he threw away—I afterwards picked up 5s. 6d.—he was very violent and I had to draw my truncheon to deter him from using violence.
Cross-examined. I took nobody in custody afterwards, but another constable did and he was discharged as there was not sufficient evidence against him—Maynard was perfectly sober.
ROBERT MITCHELL . I am a tailor, of 4, Little Compton Street, Soho—on 19th April I was at this coffee-stall and saw Maynard there, he took out some money and a fight commenced, but the one it commenced with got off—the prisoner fell on Maynard, and I said "Don't kill the man, pick him up"—I saw the prisoner's hand come out of Maynard pocket, he ran away as hard as he could, and I followed—a constable caught him and let him go—I still followed him—the sergeant caught him and I heard the money fall from his hand—the mob was so great that the policeman had to draw his truncheon.
The Prisoner in his defence stated that the prosecutor was fighting and was knocked down, and that he picked him up and wiped his eyes with his handkerchief, but that he would fight and was knocked down a second time and a third time, and was picked up by two men who ran away; that he followed Hum and was taken in custody, and that the money he had was his own which fell when the policeman pulled his hand from his pocket:
GUILTY of the robbery, but without violence** — Eighteen Months' Imprisonment.
JOSEPH DAWE . I am manager to William Izzard and another, of 46, Eastcheap—the prisoner entered the service on 22nd May, for a fortnight's trial—on 1st June, between 2 and 3 o'clock he asked me to let the lad go to the London and County Bank and cash a cheque for 25l. which he produced—he had previously asked me to lend him 2l.—this is the cheque. (This was for 25l., in favour of Thomas Dundee, and was signed John Masterman.) I called his attention to the front of it not being endorsed and he wrote on it "Charles Dundas" in my presence—I sent the lad to the bank and the prisoner left the office half an hour afterwards and did not return—the lad then came back and made a communication to me; I went to a drawer in the sale where the cheque-books were kept and missed a cheque-book marked B, all the cheques in which were marked S. 16,996—three cheques are missing from this cheque-book (produced) so numbered—the prisoner did not come again till Saturday the 3rd, when he asked me if his salary had been drawn; I had sent for a policeman—he then asked me about the 2l. I had lent him
and said "I have a 5l. note in my pocket I will pay you back"—I said "Very well give it to me"—he hesitated and said "Are there any little matters in the office I can clear up before I leave"—I said "No"—he seemed fidgetty and I said "Well come and have a glass of wine"—we went and while having it he said "How about the 25l. cheque"—I said "There seems to bo something wrong about that, the bankers have not cashed it"—he said "Where is it"—I said upstairs in the drawer—he said "You can bring it to me," giving the name of another firm where he said he-had got a situation—we then walked towards Seething Lane police-station where I charged him with stealing a cheque belonging to Mr. Izzard—I saw the missing cheque-book found in his pocket and in his pooket-book this cheque for 10l., purporting to be signed by Izzard & Betts—this is not the signature of the firm; I asked him where he got the 25l. cheque, he said from a publican who was in business within a quarter of a mile—I asked him to take me there, but he made no reply—the inspector asked him who the publican was, but he gave no name.
Cross-examined by the Prisoner. The cheque-book belongs to George Bryant's estate—there are about nine cheque-books in the office—I do not know when the last meeting of Bryant's creditors was—I think you-told me when you left that you were going to lunch—you did not benefit by the cheque.
HENRY DENNIS YATES . I am a clerk to the prosecutor—on 1st June, tie prisoner sent me to the bank, between 2 and 3 o'clock; with this cheque for 25l.—I presented it, and in consequence of what the manager said I went back and made a communication to Mr. Dawe.
HERBERT FREDERICK BAYLIS . I am clerk in the London and County Bank, Henrietta Street, Covent Garden—this cheque-book B was issued to Mr. Izzard, of the firm of Izzard & Betts—this cheque signed "John Masterman" was presented and refused, as Masterman had no account there.
Cross-examined. It is a very uncommon thing for persons to draw cheques out of other person's books, if they had not their own with them, but I have known instances.
WILLIAM IZZARD . I am a partner in the firm of Izzard & Betts, 46, Eastcheap—the prisoner applied to me in May, for a situation, he gave me references, I wrote to them, received answers and took him on trial—if he suited his salary was to be 200l. a year—this cheque for 10l. is not signed by me or my partner—the prisoner had no authority to take any cheques—I have heard of a Mr. Masterman since this.
Cross-examined. You came for a fortnight on trial, not for a month—the fortnight was up when you left.
HENRY BREWER (City Policeman). I was sent for to Messrs. Izzard & Betts, about 2 o'clock, the prisoner walked to the station, and I there searched him and found this cheque-book in his pocket, and this cheque in his waistcoat pocket, and this letter addressed to the prisoner "Dear sir,—Will you kindly allow me to draw a cheque for 5l. Charles Dundas."
Cross-examined. I found several other memoranda—I saw Dawe, and you go to a public-house together—I said to him "Do you require me," and I understood him to say "Presently."
Prisoner's Defence. I received the cheque from the drawer in what I considered the most legitimate manner. He is a person I was in the habit of meeting where I took my lunch. He asked me to lend him 4l. I said "No, I have only 2l." He said "Can you send a messenger to the bank?" I said
"Yes," and went to Mr. Dawe and asked him to lend me 2l. The man wrote a cheque on a plain piece of paper on the London and County Bank. I said "Do you bank there? We have several cheques of the London and County," and I got one. He filled it up, and I asked Mr. Dawe to let the boy go to the bank with it. Had I had any knowledge that the drawer had no account there, I should hare known that it was the act of a lunatic to send the cheque there.
GUILTY of uttering. He was further charged with a previous conviction at Clerlcenwell in 1874, to which he
PLEADED GUILTY **— Seven Years' Penal Servitude.
MR. DICKSON conducted the Prosecution; and MR. PURCELL the Defence.
EDWARD GILBERT HIGHTON . I am a barrister, of Bedford Square—on 16th June, in the afternoon, I rode down to the office of "Bell's Weekly Messenger"—I went into Exeter Street, and gave a man, who I believe to be the prisoner, my horse to hold, and told him not to take it out of that part of the street—I was at "Bell's" office ten minutes, and then came out and found the prisoner in the street, and told him not to take the horse away, and not to walk him about, as the weather was so warm—I went to the "Globe" office, and was there ten minutes or a quarter of an hour—when I came back the prisoner and the horse had disappeared—I afterwards identified the horse; he was worth fifty guineas—I recovered saddle and bridle and all.
MARGARET MORRIS . I am the wife of the last witness—on 16th June I saw the prisoner in Catherine Street with Mr. Highton's horse—he asked me for a penny and sent me with it into a public-house for some beer—he stroked the horse and said he would sneak it—I said "It is generally my little boy's job."
Cross-examined. It was a very nice horse, I knew it, and knew the owner.
JAMES WATSON . I am a coach builder, of 18, Wimpole Mews—on 16th. June, about 7.45 p.m., I saw the prisoner in Devonshire Street, Portland Place, with a horse—I did not think he was sober—I asked him what he was going to do with the horse—he said "Will you buy him?"—I said "No, I have no use for him"—he said that he gave 35l. for him and would sell him for 40l., and afterwards he said that he would sell him for 5l. if he could get it.
Cross-examined. He was not very drunk, but he seemed very stupid and did not know how to manage the horse, everybody could see that.
JOHN BUTCHER . I am a livery stable foreman, of 48, Devonshire Street, Portland Place—on 16th June I saw the prisoner with a horse at the top of Weymouth Street, Portland Place—that is one one mile and three quarters from Exeter Street—it was about 8.45 to 9 o'clock, it was gettiug dusk—he was leading the horse quietly and I coaxed it away from him and took it
into my stable—the prisoner said that he wanted to borrow a sovereign or 5s. and get a glass of ale—I told him there was a public-house and he could get some ale.
Cross-examined. I saw him rolling about and leading a valuable horse, I took pity on the horse.
ALEXANDER BLOOMFIELD (Police Sergeant P 9). On 16th June I received information and went to the Weymouth Arms, saw the prisoner and watched him to 4a, Wimpole Mews, where he asked how his horse was and patted him—I said "Is that your horse?"—he said "Yes"—I said "Where did you get it?"—he said "I live at Stony Stratford, if you want to know anything more about the horse, I shan't tell you"—we got a telegram and the prosecutor came; the prisoner was placed with four other men and was identified by Morris—he said that ho bought the horse at Stony Stratford—when he was charged he said "They cannot charge me with stealing it for I have not received a halfpenny for it."
Cross-examined. I am sure he said that be lived at Stony Stratford, he did not say "The Strand"—'after he was charged he said that the horse had been given to him to mind, and he could not find the gentleman, and was not going to walk about all night.
E. G. HIGHTON (re-examined). The prisoner was perfectly sober in my opinion, or I would not have trusted him with the horse.
GUILTY. Recommended to mercy by the Prosecutor — Three Months' Imprisonment.
EDWARD TANNER (Policeman T 297). On the 21st May, between 12 and 1 o'clock, I was on duty near King Street—somebody spoke-to me—I went to 49, King Street and saw the prisoner against the shutter with his arm through the window, which was broken, trying to get the things out—one of the bars was unloosed—when I got hold of him, he said "You have made a mistake, I am innocent"—I took him into custody.
MARGARETTA THURNHAM . I am a widow and keep a miscellaneous shop at 49, King Street East—I live there—at 12 o'clock on Saturday night I went to bed and left everything secure—I should have known if the window bar had been broken.
Cross-examined by the Prisoner. I have been there seventeen or eighteen years and the same shutters are up still—I cannot say whether any one falling against them would open them.
JOSEPH MC WILLIAMS . I live at 20, Broadway, Hammersmith—on Saturday night I was passing Mrs. Thurnham's shop between 12 and 1 o'clock and saw the prisoner standing in the door—the shutter was then down and he swore at us because we did not pass on—we called Tanner——the prisoner told us to go away, and as we came up with the policeman he had his arm through the window—he then fell back and pretended to be drunk—he was not drunk when he swore at us.
Prisoner's Defence, I left the barracks at 4 o'clock and was drinking" from 6 to 12 o'clock. I was going home when the constable took me. I know nothing about it.
GUILTY — Nine Months' Imprisonment.
NOT GUILTY .
MR. PURCELL, conducted the Prosecution.
Michael Ryan being called did not appear.
SAMUEL EDWARDS (Policeman B 184). Michael Ryan was locked up in Coldbath Fields prison last Saturday night—I was in Victoria Street on 20th May, at 5.15 p.m., and saw the prisoner and Michael Ryan quarrelling—the prisoner wanted me to lock Ryan up for assaulting her, I told her to apply to the Magistrate for a summons—she said "If that is all I can get I will have my revenge," and she ran after him and struck him three or four times on the back of the neck—he bled—I saw something white in her hand, which she threw into the road.
Prisoner. I did not say that I would have my revenge; I said "If that is all the satisfaction I can get you may take me." Witness. I did not hear that.
EDWARD HART (Policeman B 416). I heard the prisoner asking to give Ryan in charge—Edwards told her to take out a summons—she said "Is that all the satisfaction I can get, you can take me if you won't take him"—I saw her strike several blows and saw blood come down his neck—she threw something over the churchyard wall, and I went there and picked up this knife (produced)—she was drunk and very violent all the way to the station—Ryan was sober.
ROBERT KENDRAY ARCHER . I was house-surgeon at the Westminster Hospital; Ryan was brought there—he had five punctured wounds on the back of his neck and one on his left shoulder and one on each hand—they were bleeding—they were not serious—they might have been caused by this knife—I dressed the wounds—I suppose he is getting on well, but I have not seen him lately—his necktie was cut through.
The Prisoner's Statement before the Magistrate. "I was very drunk, and go out prostituting my body to keep him. He denies striking me because he is under bail for six months. I have been several times in the hospital for what he has given me."
Prisoner's Defence. I forgot that I had the penknife in my hand.
GUILTY of unlawfully wounding —Recommended to mercy by the Jury — Judgment respited. (See Half-yearly Index.)
MR. DOUGLAS conducted the Prosecution.
William Capon did not appear, being ill.
JAMES CROCKFORD (Policeman G 192). On 31st May, about 11 p.m., I saw a crowd of fifteen or sixteen persons in Pentonville Road—I went up and saw Harrison on his knees near Mr. Capon, who was on the ground on his back—I saw Harrison's hand near Mr. Capon's back—when the crowd saw me they ran away—the prosecutor got up and said that he had been knocked down and robbed of 4l.—I caught Harrison.
JOHN WARD . I live at 63, Hatton Garden—about 11 p.m. I was in Pentonville Road by the angle of the reservoir, and saw six or seven young men and the two prisoners; the prosecutor was on his back, and when six or seven of them got off of him, I saw that it was Mr. Capon—Harrison was lying down by his side, and just getting up as the constable came up, and drawing his hand apparently from Mr. Capon's trousers' pocket, and Brasstock was stooping and looking over him, and when he saw me he tried to pick him up—I followed both of them to the end of Claremont Square—they ran to Middleton Square—the constable took one and I took Brasstock, and handed him over to another constable.
Cross-examined by Harrison. I saw an omnibus running in advance of you—the prosecutor was not able to run, he was drunk.
Cross-examined by Brasstock. I saw one of your companions catch the prosecutor by the lower part of the legs, and he fell, and they fell on him, and the other was in a stooping position, like a scout looking, out.
Re-examined. I do not know whether the prosecutor was going to the omnibus.
WILLIAM MALLINS . On 31st May I was standing at the, door of "the Penton Arms, and saw the prisoners go into the house by one door and come out by another—I saw Mr. Capon come out of the house and walk into the road after an omnibus—both the prisoners followed him, and Harrison pushed him down by putting his leg between his—he then fell on top of him, and Brasstock called out "Pick him up"—that was when they were lying on him—I saw Harrison rifling his pockets.
Cross-examined by Harrisson. I was on the other side of the road when I saw you knock him down—there was not much of a crowd.
Cross-examined by Brasstock. He did not try to get into the bus, but he was following it.
WALTER HEAVEN (Policeman G 214). I heard a cry of "Stop thief?"and saw Crockford and Ward holding the two prisoners—I took Brasstock, and saw him throw something over a garden wall—I searched next morning, and found 4s. 6 1/2 d. at the edge of a fish pond.
The Prisoners' Statements before the Magistrate.—Harrisson says:" I was at the public-house when the prosecutor was there. He went to get into a 'bus, and as he stepped up he fell. I went to see him, and a lot of people came up. I stooped to pick him up, and was thrown down on top of him by the people. Two of us were pushed down; when we got up we walked down Claremont Square to Middleton Square. "The policeman took hold of me, and said I had robbed the man." Brasstock says:"I say the same as Harrison. We were not with anybody else; we were by ourselves."
Harrison, in his defence, repeated the same statement.
Brasstock's Defence. The 4s. 6d. I had earned at the Derby. It being the first time I was in a policeman's hands, it frightened me, and I threw the money away. He was not knocked down at all; he fell in the road.
GUILTY of assault with intent to rob — Nine Months' Imprisonment each.
OLD COURT—Thursday, June 29th, 1876.
Before Mr. Baron Huddleston.
AGNES FRASER . I am the prisoner's wife—I live at 33, Perth Street, Stepney—I did not live with the prisoner at this time—on Saturday, 11th May, about 11 o'clock in the evening, I was in the Mile End, at the corner of the Cambridge Road—I met the prisoner there—he asked me if I had anything to give him—I said I had not—he asked me if I would treat him—I said "No"—he then struck me on the side of the face; I cannot remember any more—he crossed the road—I crossed too and said "You are a bad man to hit me because I have nothing to give you"—he put his fingers in my mouth and stretched it—a policeman came up and I said "I charge this man"—he said 'I did not see him strike you and I cannot charge him, you go that way and he shall go the other"—I crossed the road and he went another way, towards Commercial Road—I went straight down the Mile End Road till I came to the Three Cranes public-house—I bought a trotter outside the door; that is about five minutes' walk from where the policeman separated us—the prisoner came round the corner from behind and took hold of me by one shoulder and I felt the knife in my throat, he held me by one shoulder and put the knife along my neck with the other hand, and he said "Now, where are you"—I don't remember any more, I felt the knife cutting me, I felt two cuts—I then got away from him and got into the public-house somehow—this (produced) is the knife, I know it quite well, it is a table knife that we had in use when I lived with him.
Cross-examined by the Prisoner. I did not speak to you that night, only in answer to your question, we were very unfriendly—I did not say I would knock your eye out—I am sure you wilfully put your fingers in my mouth—we have been separated more than once, thrice, or thrice, but at this time about a month—my friends were supporting me and have been ever since; I have not been well enough to work—I have three relations to help me, my sisters support me—I don't walk the Mile End Road till 12 o'clock at night—when I left you I took an empty room and bought a bed and put it there, and that was the only thing there when you were locked up—I never stayed from home except from your violence when I was really afraid of you.
By THE COURT. The reason I was out so late that night was I was uneasy about my little boy. he leaves off work about 10 o'clock and I thought he might be in the main road—I don't know what my sister who lives with me does for a living; I don't know what keeps her out till 1 o'clock; I don't trouble myself about her.
CORNELIUS MURPHY . I am a tailor, and live at 59, Christian Street, Commercial Road—on this evening I was standing outside the Three Cranes—I heard the last witness scream "Oh, God, he is going to murder me!",—she ran to the public-house door—I saw the prisoner with a knife in his hand; he followed her into the house—I saw him going to give her another stab—two men caught hold of him and another man took the knife out of his hand—a policeman was fetched and he was given into custody.
Cross-examined by the Prisoner. I did not see the commencement of the row—I know nothing about taking any money out of your pocket or your hat or handkerchief.
WILLIAM PRICE . I am a labourer, and live at 59, Great Suffolk Street, Borough—I was in the Three Cranes on this night—I heard screams of "Murder!" and on turning round I saw the woman lying on her back at the door, and the prisoner with a knife in his hand just in front of the door—the mob forced him inside—somebody hit him a punch under the ear and I caught hold of him—he said "She is my wife and I will kill her."
Cross-examined by the Prisoner. I am sure those were the words you made use of; it was not somebody else who said "She is his wife and he will kill her."
JOHN JAMES PHILLIPS . I was potman at the Three Cranes—I saw the woman outside eating a trotter—I went inside the house, I had scarcely been in two or three minutes when I heard cries of murder, and on turning round I saw the woman lying on the ground on her back, bleeding from underneath the left ear, and the prisoner standing over her with a knife in his right hand—I took it away from him, with the assistance of another man—the mob interfered and got him outside, and I saw no more of him.
GEORGE HOLSTON (Policeman R 38). I was called and took the prisoner into custody—I told him the charge, he said "I did not do it with a knife, I did it with a centre punch"—I received the knife from the potman—I took the woman to the hospital as she was bleeding so freely—the mob were very angry with him—I had a hard job to get him away.
STEPHEN HENRY FISHER . I am house-surgeon at the London Hospital—the prosecutrix was brought there on the Saturday night—I examined her, and found two incised wounds, one on the side of the neck about 1/2 an inch deep and about 4 inches long, it went round the neck; it was not a dangerous wound—she is a stout woman, and it did not reach through the layer of fat under the skin, it was in a dangerous place—the other wound was in front of the left ear, reaching 1 1/2 inches directly forward, and about 1/4 inch deep, they were such wounds as might hare been caused by this knife; she was. admitted into the hospital, and was under my care ten days—there was a good deal of bleeding.
The Prisoner's Statement before the Magistrate. "When she met me she ran at me, and said she would knock my eye out. I took the knife out of my pocket where I had it for cutting up any bit of cigar I might pick up, and I made a slash at her to keep her away, without any intention to hurt her, then I was set upon by her clique; she is a very furious woman and can stand up and fight any man. I only acted on the defensive."
Prisoner's Defence. I had no idea of hurting her, we have been married seventeen years, and had five in family. I was very fond of her, and am now, but I don't like her ways; about three weeks previous to this she went away, and has been living with a sister of hers who has left her husband, and they both walk the streets in the Mile End Road late at night. When she has met me on former occasions she has scratched my face and blacked my eyes, we have both been bound over to keep the peace. On this occasion she came up to me and said she would knock my eye out. I never thought this was a knife. I thought it was a pair of callipers, and I made a slash at her with it.'
AGNES FRASER (re-examined). I charged my husband with an assault, he made a very plausible statement to the Magistrate, and the Magistrate" said "If you cannot agree you had better part, and I shall bind you both over to keep the peace"—I took the Magistrate advice and left him altogether—I took this empty room for myself, and my sister came to me as her husband had deserted—I believe she is supported as my husband says, by prostitution—my son earns from 6s. 6d. to 8s. a week, he works at the rope ground—a sister of mine who lives in Hoxton has been my chief support.
room in my house from the 5th February till this occurrence—he conducted himself most respectably until his wife formed some association with some females whom I did not like to see come into the house, neither did Mr. Fraser, and whatever occurred between them at that time I believe was owing to those characters she kept company with—she remained out ne night, they had a dispute about it and then she went away altogether—there were bickerings and quarrels between them, but I never knew him to abuse or strike her—I have heard her call him a cuckold, and use very abusive language besides; since then he has taken to drink, and has lost a good employment through it.
GUILTY on Second Count—Recommended to mercy by the jury considering the provocation on the part of his wife — Five Years' Penal Servitude.
NEW COURT—Thursday, June 29th, 1876.
Before Mr. Recorder.
MESSRS. POLAND, CRAUFURD, and STRAIGHT" conducted the Prosecution; and MR. M. WILLIAMS the Defence.
HENRY EDWARD WILLIAMS . I am in my seventeenth year—my father lives at 1, Cedar Terrace, Fulham Road—he is a house agent and collects rents—I was living in May, at 11, Hope Terrace, at a house kept by Mrs. Mowbray—I know both the prisoners—Down lived at 64, Stafford Place, Buckingham Palace Road, and Hilton, at 1, Stafford Villas, Odessa Road, Forest Gate—I have known Down intimately for sometime, and had on prior occasions taken cheques to get cashed for him, bearing the name of Hall—Hilton was called Jos sometimes, and Down's sister passes as Mrs. Hilton—on Tuesday, 9th May, I was engaged with my father at the Brompton County Court, on some matter about rents, and when I went home I found Down at my father's office, at Cedar Terrace—I said something about his looking ill and mentioned 10s., which was owing to me—. he said that he had been waiting for me a deuce of a time, and he thought if he went to the County Court he might find me—we went out together, called at a shop to get some food, and then went on to my lodging—he said "I want you to go and cash a cheque for me?"—I said "All right, I will"—he took out a pocket-book and placed the cheque on my table—he gave me a sovereign—he owed my sister 1l. 10s.—he said, he would pay me what he owed me—I sat down and had some food, and about a quarter of an hour afterwards I heard someone talking outside the door—I opened the door and saw Down—he came towards me and then I saw Hilton talking to Mrs. Mowbray—Down said "We've been waiting a deuce of a time for this fellow; he has only just found me"—it was then about 2.30—Hilton came into room, shook hands with me and sat down; I asked him to have something to eat, and he had some lunch—while he was having it he noticed the piece of blue paper which was lying on the table, and said "Oh; here's the cheque," and took it up and looked at it—I went and got some beer and some peppermint, and brought them in—Hilton then said "Do you know where you are going?"—I said "No, I do not know whether I am going to the same place"—Hilton said "You are going to the Western Branch of the Bank of England"—I said "All right"—
Hilton said "Go to the middle cashier on your right hand"—I said "Very well"—he gave me the cheque and said I was to get 55l. in gold, and the rest in bank-notes—Hilton remarked that "I looked very shabby," and said to Down "You had better lend Charlie your coat"—Down said "I don't see what he wants my coat for"—I ultimately put on Down's coat—it was a light coat, a large sort of a plaid—Down put on my coat—he took some papers out of his own and a purse, and Hilton said "You had better lend Williams that purse," which was done, and I took it to the bank—Hilton said "Wait here till we come back"—Down said "Very well"—I went out with Hilton—we had something to drink and then we went on the top of an omnibus to the Burlington Arcade—Hilton went to a convenience while I remained at the corner of Cork Street—he then said "There's somebody coming along to whom I owe money, and I don't want him to see me go into the bank; I will wait at the corner of Burlington Arcade"—I then went to the bank and presented the cheque—there was some little delay—the cashier then asked me how I would take it—I said "35l. In gold, and the rest in notes"—I received eight 5l. notes, and,35l. in gold, which I put into the purse—I then left the bank, went to the Burlington Arcade and searched for Hilton, but could not find him—I ultimately went back to my lodgings—neither Hilton nor Down were there; I then went to 22, Wood Street, Chelsea, the residence of Emma Goldspink, who I have seen frequently with Down—I then went to South Kensington, and from. there to Liverpool Street, and from there to Forest Gate, to Hilton's house, 1, Stafford Villas—I arrived there at 8.30 or 9 o'clock, and found Mrs. Hilton there—I had some conversation with her—the bouse was poorly furnished—the first person who "came in was Down, at a little after 9 o'clock, but they had no clock so I could no tell exactly—there were not many chairs there—Down said "Have you got the money all right?"—I said "Yes, I have"—he said "Hand it over?"—I handed him the purse, and he laid it on the wash-house table—he asked me whether I had got it all right—I said that I believed I had—he said "Where's Jos?"—I said "I do not know; he promised to wait for me at Burlington Arcade, and he had gone when I came out, so I thought perhaps he had come back to you"—he said "No, I have not seen him"—Hilton came in about 10 o'clock; Down and I were then in the washhouse—he said "Oh, here you are "—I said "Where have you been to; I have missed you"—he said "I missed you; I went to the pub and I thought I had missed you"—he asked me "If I had got the money?"—I said "Yes, what are you in such a flurry about"——Down said "Here it is," on the table—Hilton sat down on the only chair they had got, moved the cups and saucers back, turned the money out on the table and counted it—when he had done that he gave Down several bank notes; I do not know whether he gave them all—Hilton said to Down "That squares up my account with you?"—Hilton put the gold in his pocket; I do not know what became of the purse; I afterwards saw Hilton take the money out of his pocket and give it to his wife—he then said that the last train had gone—Down said "I must go to night"—Hilton said "There is a place for either one or other of you to sleep"—Down went away and I stayed—it was then past 11 o'clock—I slept on some rags in a corner—there was no furniture in the room—I was aroused at 6 o'clock a.m. by Hilton, and had some breakfast—Hilton saw me to the station and I went on to my father's office—I was at work the rest of that day, and on the next day, the 11th; I went to see a friend off from
Blackwall, who was going to India, and as I passed through the Royal Exchange, on my way back I saw Hilton and his wife getting out of a cab—that was from 3 to 4 o'clock in the afternoon—I shook hands with him and asked him whether he had seen Down—he said "No, I hare not seen him"—they walked in the direction of Liverpool Street, and I accompanied them—he asked me to have something to drink—we went into a public-house in Bishopsgate Street, and Hilton ordered a glass of beer and some brandy and water—while we were there Hilton asked the barman for change for a 5l. note, which he took out of his inside pocket; the barman asked for the name and address to be written on the back of the note—it is not true that I took that 5l. note from my pocket and handed it to Hilton, and asked him to get it changed for me, nor that I wrote my name and address on it—it was Hilton who wrote on it—I cannot say whether this is the note—I do not remember ever having seen it, and I do not know the writing on it—it is not my writing; I did not see what it was that Hilton wrote on it in the public-house—it was given to the barman, and the change was handed to Hilton—when we got outside Hilton gave me 7s., and said that Down told him to give it to me—I said "I thought you had not seen him"—he said "That was sometime ago, but I forgot to give it to you"—I bade them "Good-bye "and left them—I was afterwards taken in custody by Sergeant Butcher; I believe it was on the 21st—I then made a statement to him and a voluntary statement afterwards—I was charged before the Magistrate, admitted to bail and ultimately gave evidence as a witness.
Cross-examined. I said before the Magistrate, that with regard to the cheque I received my instructions from Hilton—I had never changed a cheque for Hilton before—I did not hear Hilton say that he had negotiated a reversionary interest for Down—Down told me that Hilton married Down's sister—Down's conduct appeared to me to be quite open—I do not know Hilton's writing, I had never seen it—but I saw him write something on the back of the note—I do not know what Down's coat was wanted for, but Hilton said that I looked shabby.
Cross-examined by Hilton. I swear that I got to your house by 8.30 or 9 o'clock—I could almost swear that it was not 6 o'clock—I never told Mrs. Hilton that Charles had sent me with 10l. to you, and would give you 5l. more next day if you met him at the Exchange, at 4 o'clock—I was not in your house at 6 or 7 o'clock—I do not remember walking with you to try to catch the train at 6.20 or 7.20—I remember something about Down telling you something before, that he was going to lend you 15l.—I did not ask for change for the 5l. note at the public-house—I do not remember mentioning about the 5l. note at the police-court.
Re-examined. These three post-cards (produced) are mine—They are in my ordinary writing.
WILLIAM HENRY LOWNES . I am a clerk in the western branch of the Bank of England—George Samuel Hall keeps a drawing account there—on Tuesday, 9th May, a person who I do not know and could not recognise now brought me a cheque—I referred it to my principal and also compared it with the signature of Mr. Hall—I ultimately paid it with eight 5l. notes, 71450 to 71457 inclusive, and the remainder in gold—I cannot tell youths date of the notes.
Cross-examined by Hilton. I cannot tell you at what time the cheque was cashed, I could if I had brought the book, within an hour or so; I think it
was in the afternoon—I do not remember seeing you till I saw you at the police-court.
GEORGE SAMUEL HALL . I am a partner in the firm of Vickers & Co of Victoria Street, Westminster—I keep a drawing account at the western branch of the Bank of England—this cheque is not in my writing or written by my authority—I know Hilton—I first became acquainted with him at Christmas last year—he spoke to me about making an advance to him on his wife's reversion under the will of Colonel Hutchinson and proposed to give me a policy on his wife's life, but I found that bis wife, or the lady who passed as his wife, was under age, and it was not completed—I lent his mother-in-law on the 11th January by cheque, on one of the ordinary forms, 50l., and on the 2nd February I advanced him 25l. by cheque on the usual form—Hilton introduced Down to me in February and Down asked me to purchase his reversion, which I did. and made him various advances, all of them by cheque, except the deposit under the contract—he had 50l. on 24th February, 25l. on 1st March, 20l. on 7th March, and 10l. on 6th April—the purchase was 100l., but I subsequently lent him 15l. because he said he bad taken a tobacconist's business and wanted a little help—every one of these advances was made by cheque with my usual signature—I have banked with the bank nearly four years and have never but once sent a plain cheque and that was not in a transaction with Down or Hilton—all the cheques to them were on the ordinary forms—Down sent me two I O U's which were irregular, not being stamped; they included a promise to pay, and therefore I sent them back to be stamped; one was for 10l. and one for 5l.—I afterwards got from Downs these two I O U's (produced) for 10l. and 5l., dated 12th April—that was the last transaction I had with him, and the last transaction with Hilton was 25l. on the 2nd February—my impression is that the body of this cheque is in Down's writing—on comparing, his I O U's with it there is a very great similarity.
Cross-examined by MR. M. WILLIAMS. I only know Down through Hilton and Down's mother—I gave Hilton the cheques because he asked me to let him have 10l. on two joint notes.
Cross-examined by Hilton. I lent you 15l. since the completion of the reversion and the other was before Down's reversion was purchased.
EMMA GOLDSPINK . I live with my father and mother at 22, Wood Street, Chelsea—I have been acquainted with Down four or jive years—the acquaintance commenced when I lived in service at his mother's house—I remember when he was living at Stafford Place, Buckingham Palace Road—I have visited him from time to time and he has come to see me at home—he told me that when he was twenty-one years he had some money coming to him—he came of age on 2nd February this year—after that he told we that he was going to sell what he was entitled to to Mr. Hall, to whom he was introduced by his brother-in-law, Josh Hilton—he asked me if I would manage a cigar business for him—I said I would not—I remember whilst he was at Stafford Place, Down calling and saying that he was going down to Forest Gate to see Josh—I think that was in May—he said that Josh owed him some money and was going to pay him—from that time I did not see Down till Tuesday, May 9th, when he came to my father's house about 5 o'clock in the afternoon and asked me to go to Charlie Williams and inquire whether he had been at his lodgings, and also at Williams' father's—Down. was then wearing Charlie Williams' coat—I went to 11, Hope Terrace, but could not find Williams there—I then went to Cedar Terrace and Could not
find him there—I then went back to Wood Street and told Down that I could not find him—Down had some tea and went away saying that he was going to see Josh; that was about 6 o'clock, and about an hour after that Charlie Williams came—I was aroused from my sleep about 3 o'clock in the morning and went down and found Down at the door—I let him in and sad "What makes you come here so late"—he said that he had lost the last train and had come from Forest Gate in a cab—I asked him how he paid for the cab if he had not any monoy"—he told me his brother-in-law had paid him some money and said "Will you go out for me in the morning and change me two 5l. notes and get me a suit of clothes?"—I said that I would—he was still wearing Williams' coat—I asked him if he had seen Williams and he said he had—after I had brought him some clothes he took off the coat and I took charge of it and produce it here—I made a bed for him on a chair and ho slept there—he gave me two 5l. notes in the morning and I went and changed one at the Red House public-house—he told me any name would do to give when I changed the notes and I gave that one addressed 113, Church Street—I then went to Skinner's, the tailors, and bought some clothes which came to 2l. and I gave the address, Charles Street, Trevor Square—I took the clothes home and the change of both notes and banded them to Down—he put the clothes on and did not like them—he said they were common—we then went out for a walk and went to Mr. Campbell's, a jeweller, where he bought me a pair of earrings for 1l. 15s. 6d. and paid with a 5l. note—he also bought a watch for 1l. 7s. 6d.—I do not remember what he gave, I did not see him write on the note—he got change of another 5l. at that shop—we then left and went towards the Prince of Wales tavern, where one of my sisters lives, and on our way there Down said "My brother-in-law, Josh, has got me into trouble, he has forged Mr. Hall's name to a cheque and paid me the money he owed me, he told me he would pay me tomorrow out of Eva's reversion" (meaning his sister's)—I think he said it was 48l. that Josh owed him—I said "Did you do it"—he said "I swear solemnly before my God that I never wrote that cheque"—he said Josh had given him seven notes and had kept the gold himself—he also said "Josh has done it before lots of times," meaning writing cheques and changing them with different tradespeople—when he said that Josh had done it before he said that his sisters had lent him money to pay it back and that the "cheque was written at Josh's aunt's—Down asked me to get him a room and I got him one at 1, Hans Terrace, Paulton Square, in the name of Beckley—he had told me that he would go by that name at the new lodging—I paid a week's rent in advance—I then went home and Mrs. Hilton called and made an inquiry in consequence of which I went with her to my sister at tie Prince of Wales tavern—Mrs. Hilton then said something to me and I turned round and saw Williams behind me—I saw Down there sitting in a room—we went in there and Mrs. Hilton said in Down's presence "Charles, you are a fool if you don't go to Jersey"—she then said to me "Emma, you ought to go with him, if you don't you ought to be ashamed of yourself, as it is sure to be found out that Josh really did it; is it likely a man would put his own name on—a forged cheque?"—this was on the same day that I changed the notes—Down said "I am not going to Jersey"—Mrs. Hilton then said "Give Emma the money and there will be no suspicion on board"—Down and I then went to Hans Terrace, where I left him—I saw him there from day to day, and on 18th May I went with him to Childs', the pawnbroker's, where he pawned the earrings
for 15s., which he had given to me on the 10th—we then went to Withers', in the King's Road,—where I pawned the suit of clothes which I had bought on the 10th, for 1l. 5s. in the name of Beckley and gave the money to Down.
Cross-examined by Hilton. Williams did not come to my place at 9 o'clock and say that he had been to Forest Gate, and had not seen Down—I never saw Williams but once that evening; that I swear; and it was between 6 and 7 when he came, and not at 9 o'clock.
SARAH MOWBRAY . I live at 11, Hope Terrace, Walham Green—Williams took a room there at 2s. a week—I saw Hilton there three times before he was at the police-court—he called alone and asked for Williams—I cannot say that I know Down, but when Hilton called on 9th May,—Williams was there with another man—Hilton asked "If Williams was at home?"——I said that he was not—I thought he was not, but while I was speaking, he and another young man came out of his room, and the-young man said to Hilton "I have been two hours and I have only just found the fellow"—I do not think Hilton replied to that, but he went into Williams' room and shut the door—that was about 2 p.m.—tliey were in the room-together about half an hour—Hilton and Williams afterwards left, and I think they left together—Williams was then wearing a light coat, which I had not seen him wear before, but I had an impression that I had seen somebody else wearing it; the young man I had seen with Williams—after they left I went into the passage and saw a young man with, Williams' door open it was almost momentary; he appeared to be wearing a dark coat—Williams was in the habit of wearing a rather dark coat—I saw Williams again about 4 o'clock 4.30.—he rapped at the door; I answered it; and he went into his room—I do not know whether any one was there—he left almost directly, tout he came to me before he left—after he left, Emma Goldspink called and made an inquiry, which I answered, and—she left—two or three days after that Hilton called and asked for Williams—I told him he was not in—he asked me if I knew where he was; and I directed him to his father's—I asked his name—he said that he thought Williams did not know his name, and—I was to say that a stout gentleman called I afterwards saw Williams.
Cross-examined by Hilton. It might been past 2 o'clock on the 9th when you called—I will swear it was not at 12 o'clock—I am sure it was Williams who I saw go out with you—it was past 4 o'clock when Williams came back, and it might been an hour after when Goldspink called—that would bring it to past 5 o'clock.
CHARLES WEEBLE . I am barman at the Red House—I remember Goldspink coming there one morning at 8.30.—she asked me to change a. 5l. note—I had not sufficient and I took her to Mr. Hamilton, who gave her the change—she gave him an address which he put on the note.
CLAUDE WILLIAM HAMILTON . I assist my father at the Red-House,' Chelsea—this note has on it, in my writing, "113, Church Street"—it was brought to me for cash—I cannot swear to Goldspink—I wrote on it the address given to me and put it away.
CHARLES SKINNER . I am a tailor at 27, Brompton Road—I sold a suit of clothes for 2l. to Emma Goldspink—she gave me a note in payment, and from what she told me, I wrote on the back of it "Charles Street, Trevor Square"—this is my writing. (The name was torn off.)
bought a pair of gold earrings for 1l. 15s., and a watch for 1l. 17s. 6d.—he paid me with a 5l. note, and I changed another 5l. note for him—these are the notes—he wrote on them in my presence. (They were endorsed William Vincent, 330, Fulham Road.)
HENRY DEATH . I am manager to Mrs. Smith, who keeps the Black Lion, Bishopsgate Street Within—I have known Hilton three or four months as a customer—I remember his coming with a lady and gentleman—the lady was examined before the Magistrate—it was Mrs. Hilton—a gentleman was with them—Hilton called for what he wanted, and asked me to change a 5l. note—I said that I would if he endorsed it—I gave him a pen and ink, and he wrote on the back of it—I cannot swear that this (produced) is the note, but this note has been in my possession, as I find some of my writing on it—I saw what he wrote at the time, but it is so long ago that I do not remember—I did not know his name at the time—I paid it away to a gas company.
Cross-examined by Hilton. You called on me with a detective, and asked if I remembered you—I said that I did, because you were stout—I put the pen and ink in front of you, but I will not swear that you endorsed it, as I left to go to the other end of the bar to get the change; but I believe you did, because you said you would, and I gave you the pen and ink to do it.
CHARLES BUTCHER . I am a detective sergeant—I took Williams on 21st May, and Down on 22nd, at a public-house at the waterside, Chelsea—I told him that I was a detective officer, and had a warrant to apprehend him—he asked my name; I said Butcher—he said "I heard two or three days ago that you were after me"—on the road to the station he said "I never wrote the cheque, but I was present when it was written, and I knew it was wrong. The person who wrote it told me that he would see Mr. Hall and make everything right, so that Mr. Hall nor no one should be the loser;" he said that there was a good deal of copying about the cheque before they could get the name right—he said "I had the notes and the other man had the gold"—I found on him a duplicate relating to the jewellery—on 13th June I took Hilton on a warrant, at 11 o'clock at night, at Stafford Villas, Forest Gate—I told him that I was a detective officer, and had a warrant to apprehend him of being concerned, with Charles Victor Cleghorn Down, his brother-in-law, in forging and uttering a cheque of 75l. on the Bank of England, Western Branch—he said "I never knew the cheque had been written, and I never wrote the cheque"—I said "You must have known that Mr. Down drew all the money he had got, and a little more, as you were present when the money was paid?"—he asked me what evidence there was against him, and how the warrant was obtained—I said "Williams has stated that he received all his instructions from you to go to the bank, and got you the money here, at this house, and you suggested the changing of the clothes, and also Down's pocket-book, to put the money in when you were at 11, Hope Terrace, Walham Green, and that you directed him which cashier to go to at the bank, and that the money was divided here, in your house, between yourself and Down"—he said "I never bad it, I only had 10l."—I said "There was one 5l. note changed in the City"—he said "Not by me; by Williams. I will prove to you it was not changed by me; I will show you the house, if you will allow me"—I said "Yes"—he afterwards took me to the Black Lion, Bishopsgate Street Within, and said to Mr. Death "Do you know me?"—he said "Yes"—Hilton said "Do
you remember me being in here about a month ago to change a note, and having a lady with me and a young man?"—he said "Yes"—I took him—to the station—Goldspink handed me this purse; it has "Charles Down" written inside it.
Cross-examined by Hilton. When you said, that you had 10l., you said you did not know that the money was fraudulently obtained—Williams had mentioned your name to me, but he did not say that you had done it in a fraudulent way.
W. H. LOWNES (re-examined). I have now got the bank-book—there were eight 5l. notes, Nos. 71,450 to 71,457, inclusive, dated 15th February, 1876, and from the position in the book I think I may safely say that I paid them between 2.30 and 3.30.
HERBERT JOHN SAWTER . I am a grocer of Forest Gate—I know Down—he came to me on the 8th, in the morning, and told me he was going to get a cheque; and on the same evening he sent up for me to Hilton's house, shut the door and told me not to tell Hilton how much the cheque was for—it was for 75l.—this is it—I met Hilton next afternoon or evening coming coming up Odessa Road at 6 p.m.—I know it was about 6 o'clock, because I had just come from the station and had seen some one off by the train—the door of your house was opened by Mrs. Hilton when I left, and you said "Has Charles been here?" she said "No," and I watched—you right into Stratford because I thought you had told me a falsehood, but you did not know it—you went with Williams to Maryland Point-Station—I thought it was Down that owed the money, and I was looking out for. Down, because he owed me 2l.—my shop commands a view up the Odessa road, but I did not see Down that night—I am perfectly positive as to the time I saw Williams—it was about 6.30—Williams is wrong as regards the time when he says that it was 8.30 or 9 o'clock—I can bring witnesses to prove that I am bright—when—Down cashed the cheque he asked me particularly not to tell the amount—he asked me at first for 30l. upon it and the rest in the morning—he told me several times not to tell you.
Cross-examined by MR. M. WILLIAMS. I watched Hilton because I thought he had told me a falsehood—not seeing him all day I thought, perhaps, he knew that Down was at his place and had not seen him—I wanted to get my money—he said that he was going back to London that night—I had lent Down 2l. on the cheque—Hilton owes me some money, but it is not my business to tell you how much it is—am I bound to tell?—it is about 40l., partly for money lent and partly for goods—I was a witness before the Magistrate—Mrs. Hilton asked me to go there as Mr. Butcher was going to take him—I told him on the evening of the 9th that Down had brought me the 75l. cheque—that was not the evening before he was taken—I told him because Down had not sent me the money he owed me, and I thought it was very hard when he had 17l. and had not paid meand he was going to hand Hilton money—I do not know that Hilton owed Down money—I asked Hilton if he knew how much, the cheque was for, and he said "For 25l."—I said "No; I will take all you owe me, the balance, over 25l.;"—he said "Is it for 100l.?"—I said "No;"—he said "Is it 80l.?"—I said "No;"—he said "Is it 75l.?" and then I said "Yes"—Hilton paid me the 2l. next morning—I asked him for it, because Down made an arrangement that if he did not give it to me he would send it by Hilton—I did not tell Hilton that I had arranged that if Down did not pay me Hilton
should—I asked Hilton if he had seen Down, and he said "He has sent you some money"—he owed me a shilling or two more—I had made one book up and started another—I would not let him have any more goods on account—he owed me a small sum on the clearing up of the week.
Cross-examined by MR. POLAND. After I was examined before the Magistrate I may have said that I had not told all I knew about the matter—I said that I knew of several other little items—I did not refuse to tell what more I knew—I did say that I would not tell until I got into the witness-box here—I did not tell because I was not asked—I have cashed cheques on the Bank of England before for Hilton—I did not think it strange his bringing an open cheque for 75l. because I knew him—I said to Down "You wrote this yourself"—he said "No; one of Mr. Hall's clerks wrote it, and I signed it"—I knew Down before, and knew that he was selling a reversionary interest—I saw no account in the newspaper about Down being taken up, till Hilton showed it to me—Hilton did not say "It is rather hard that Williams should be taken up, because the poor boy knows nothing about it"—he said "It was rather hard to lead the poor boy, Williams, into it"—the conversation was at Hilton's house—I am not in the habit of visiting him, only on business accounts—I asked him if he could pay a little off what he owed me, and if he had seen any more of that in the paper, and said what a, good job it was I had not changed the cheque, for I should have been let in for the whole lot—he said it was a shame, and that lie would rather have heard of the boy's death than that he should have gone and done such a thing as that; I gathered from that that the boy was guilty, and that he was properly taken into custody—I did not say at any time "It is a great shame; I know that poor boy, Williams, knows nothing about it"—he did not say it exactly as you have got it; I cannot recollect the words; it was something similar to the same.
Re-examined by Hilton. You owe me for money and groceries to the amount of 40l.—I agreed to wait for that till you got a sum from Mr. Hall next October—you were going to pay me some time ago, when I thought I should have had Mrs. Hilton's reversion money, but she was not of age till October, and I agreed to wait.
By MR. M. WILLIAMS. I have never produced a certificate of my marriage to my mother, or to anybody, nor what I stated to be a certificate of marriage.
By the prisoner Hilton. I remember my brother coming to our house two or three days before the cheque was cashed—he said he owed his landlady some money, and could not go back until he had come to pay her, and that he owed a person in Buckingham Palace Road money, and had given that man a cheque on the London and Westminster Bank, and that he was frightened of the man coming after him, and that he was going to get some money from Mr. Hall, 25l.—he showed us a letter to that effect, and said he would lend me 15l. of it to enable Mr. Hilton to take up two cheque, which he had given my brother Charles the money for—he came back en Monday evening, the 8th, and said that he had got the cheque from Mr. Hall, and would go to Mr. Sawter to try and get it cashed, which he did, and got 2l. on it—he slept there that night, and left next morning by the 9.20 train—I remember Williams coming to Forest Gate on the evening of the 9th, from 4 to 7 o'clock, I should think, but I cannot say exactly—he
brought from my brother 10l., less a few shillings, and a message that we were to meet Charles and himself the next day at; the Royal Exchange, and he would give us the other 5l.—Hilton came in shortly afterwards, and Williams told me the same—Williams then went out to, go to the station; he was not in the house more than half an hour, and he caught the next train back—the trains go every hour up to 10 p.m.—Willams statemeet that he was there at a later hour is a falsehood, and his statement about my brother is a falsehood—we went to the Royal Exchange next day about 4 o'clock, and met Williams—we waited a little time, but Down, did not come—Williams asked Hilton if he knew where he could get cahange for a 5l. note—Hilton said "You know lots of places who would give change for a note—we then went into a tavern in Bishopsgate Street, where there was a very large bar, and had some brandy and water which paid for—Hilton asked the landlord if he could change a 5l. note—he replied "Yes and sent for a pen and ink, and Williams put his name on it while the landlord went for the cash—I can swear that Williams wrote on it, but I did not see what he wrote—Williams than gave Hilton a half so vergin, and Hilton gave him a few shillings, which he had borrowed the night before—I never said to my brother, Charles, "You are a fool if you dont go to Jersey;" nor did I say to Goldspink, "Emma, you ought to go with him, if not you ought to be ashamed, of yourself"—I never saw her till I saw her at the other Court—Hilton borrowed 40l., of my sister—he pays interest for it and I have never had a penny of it since I was fifteen years old.
Cross-examined by MR. M. WILLIAMS. I have been with Hilton about two years—I knew, him by no, other name but his and Hilton—his own name is Redhead, but he takes the name of Hilton to shield me, because I cannot be married to him yet—I cannot swear that he has got a wife, but there is something which prevents it—his name is William, Elwys Redhead—I think Elwys is one of his, surnames—I have not known him pass as Elwys only with me—he did not live in the house in the name Of Elwys; it was me—Goldspink was my mother's servant—I have not walked down any street with her. after me—I never saw her, after she left my mother's service—I never said "It is sure to be found out; Josh really did it; but is it likely a man would put his own name; on a forged cheque if he had really done it?"—I was not in Court during Goldspink's evidence—if she has said that, it is utterly untrue I did not say "The detectives are watching us, but I have dodged them"—nor did I say "You had better go to Jersey"—every word of that is untrue—I know Sawter—I did not tell him that the detectives, were watching me—but he came and told me that there were two men at the bottom of the street and he though they were about our furniture—we had furniture in the house at Forest Gate—it was there when Williams came—he saw nothing but the kitchen and the passage, and they were thoroughly furnished—he did not sleep there that night—no one slept there but Hilton and myself—there was no room there in which there was a bundle of rags in a corner—that must be all a fabrication.
Cross-examined by MR. POLAND. My brother Charles had been staying at Forest Gate two or three days before the 9th May I do not know whether you will call it sleeping there—he sat up in a chair for probably three nights, and on the morning of the 9th he left by the 9.20 train, and I never saw him again till I saw him here—Hilton did not go up to town on the 9th—he went to Stratford and came back between 4 and 7 o'clock; I cannot say
nearer than that—he went to the landlord to put him off—I do not know that he went up to town and saw my brother—I was under the impression that he never saw him after he left in the evening—when we went to this public-house the note was laid on the counter, and I passed it from Williams to Hilton—I cannot say who put it on the counter—I saw a pen and ink brought, but Hilton did not take the pen up; it was Williams; and I saw him writing, but I cannot say what he wrote—I was talking at the time.
Re-examined. Hilton had arranged to go into partnership with a man if he got the money, and I have the agreement in my pocket now—he gave the man a bill of sale on the furniture, and he came and sold us up—that is the reason we had no furniture in the house—he owed no one money who would not wait—they were all willing to wait.
Hilton in his defence stated that he was married at seventeen years of age, to a woman who he never lived with, but parted from a few hours afterwards, and therefore he was not able to marry Down's sister who was living with him.; that Down had a 45l. bill, which he asked him to accept, and could not get discounted, and he paid it into his bankers, and drew two cheques, but the bankers would—not discount the bill; that Down told him Mrs. General Hulchinson. was going to let him have 100l. in a short time, and he drew a bill, but failed to get it discounted; that Downn said he would lend him 15l., which was paid in two cheques, and asked him to step up to Mr. Sawter, the groser, to cash one of than, and he contended that it was not likely that Down should have asked the grocer not to mention the amount; being very stout he pointed out, that his coat would not be likely to fit Williams, and he stated that be never saw a cheque at Hope Terrace, and never made any suggestion about the coat or the pocket-book; that he waited some hours in Bishopsgate Street, for Williams, who never came, that When he took the detective to the public-house it was in the hope that the publican would remember Williams, and he contended that if there was any conspiracy it was between Down and William, and not with himself, and stated that he never knew the cheque had been forged.
MR. HALL (re-examined). I belive this acceptance (produced by Hilton) is in Down's writing.
EVA CROMPTON DOWN (re-examined). This is my signature to one of these bills, and the other is Hilton's—I have a receipt at home similar to this signed by Charles. (This was a receipt for 42l. by the witness and her brother Charles, to which they would have a right at Mrs. Down's death, being a reversion under the will of the late Colonel Hutchinson.)
GUILTY — The Jury recommended Down to mercy, believing him to have been the tool of Hilton.
DOWN— Eighteen Months' Imprisonment.
HILTON— Five Years' Penal Servitude.
THIRD COURT—Thursday, June 29th, 1876.
Before Mr. Common Serjeant.
266. MANUEL LOPEZ MARTINEZ TEJADA (28), PLEADED GUILTY , for that he, in incurring a liability amounting to 20,000l. unlawfully did obtain credit by fraud and false pretences; also failing to discover to the trustee administering his estate all his property; also to embezzling an order for the payment of 461l. 11s. 5d., the property of His Majesty the King of Spain; also to stealing divers Spanish Bonds, for the payment of 443, 105l., and 121 orders for the payment of 1,851l. 6s. the property of His Majesty the King of Spain. Recommended to mercy by the Prosecutor—Judgment respited . (See Half-yearly Index.) And
OLD COURT—Friday, June 30th, 1876.
Before Mr. Recorder.
MESSRS. MOODY and HORACE AVORY conducted the Prosecution; and MR. BESLEY the Defence.
In this case it appeared that the prisoner was employed by the prosecutor as his agent in Paris, and the alleged larceny having taken place there, the Recorder held that this Court had no juisdiction and the prisoner was acquitted.
NEW COURT.—Friday, June 30th, 1876.
Before Mr. Common Serjeant
MR. SIMS conducted the Prosecution; and MR. FELTON the Defence
GEORGE PLATT . I am manager of the printing and advertising department of Cook & Son, Ludgate Circus—the prisoner came into their employ about two months' ago as collector of advertisments for their Continental guide—it was his duty to collect advertisements and obtain written orders from the persons who gave them, and deliver them to me—I then paid him 25 per cent, commission on the amount—on 5th May he brought this order (produced) and I gave an order for him to receive his commission—on 19th May he brought this other order and this other on 26th May—our suspicions were then aroused. (Orders read: "Messrs. Cook & Son. Insert above advertisment in your Guide for twelve months, to form one third of a page, in good position, for 5l. the series. H. Parsons, 19, Wormwood Street, E. C, May 4th, 1874." "May 18th 1876, Leamington, Gentlemen—Insert enclosed advertisment in your Continental Guide for six months, commencing June; to form, half-page, good position, for the sum of 6l. Kinwood & Co." "May 26th, from Franks & Co., Little Tower Street. Please insert our advertisment as under, nicely displayed in lines, to form one third of a page in your Contenental Guide for a term of twelve months from date, for the sum of 7l.") On June 10th I saw the accountant with this order in his hand and the prisoner there—in consequence of what passed I gave the prisoner in custody—the advertisements were inserted in the June number.
Cross-examined. I became acquainted with the prisoner through his travelling for Mr. Hurst—I have heard that agents occasionally employ sub-agents—the prisoner was canvassing for Hurst when I first knew him, but subsequently I took him on and gave him the full commission—I have never received forged orders from Hurst for which he has refunded the money—I have furnished the prisoner with proofs to submit to the customers.
the prisoner 25s., 30s. on the 19th, and 35s. on the 26th in respect of these orders.
ARTHUR FAULKNER . I am accountant to Messrs. Cook—on. 10th June the prisoner brought me this order and asked for his commission on it—I noticed that it was in the same writing as the first order and refused to give him the money—I conferred with Mr. Platt and the prisoner was given in custody.
Cross-examined. I thought it was the prisoner's writing—I did not say that before the the Magistrate; I did not think it material—I have since heard that an expert had been employed to compare them, but I have not heard what he says—I have been with Messrs. Cook three years, no forged orders ever came under my notice before, nor has the commission on them been refunded—I have told the prisoner that if a firm should fail or not be in a position to pay he must return the commission.
JAMES CRIGHTON KENWOOD . I am a mineral water manufacturer, of Leamington—this order is not my writing, nor that of any member of my firm—I did not give the prisoner authority to get this advertisement inserted.
WALTER JAMES FRANKS . I am a member of the firm of Franks & Co., tea dealers, of Little Tower Street—this is not the order of anybody connected with our firm—I never authorised the prisoner to insert this advertisement.
CHARLES THOMAS INGRAM . I am a wine merchant, of 119, Queen Victoria Street—the signature to this order is not mine, nor is it written by my authority—I never gave the prisoner or any one else authority to get this advertisement inserted by Messrs. Cook.
WILLIAM ASHFIELD . I live at 8, Roupel Street, Lambeth—the prisoner was formerly my fellow-clerk—I know his writing; these orders seem to correspond with it, but I cannot swear to them—to the best of my belief they are his, but they are a little different.
Cross-examined. In two or three places it is his writing; I believe it to be his, but cannot swear to it.
WILLIAM POTTS (City Deteetive). I took the prisoner on 10th June at Messrs. Cook's—I told him I was a detective and should take him for uttering forged orders and obtaing money by means of them—he said that he had a complete answer to the charge.
The Prisoner's Statement before the Magistrate." In reference to the charge brought against me, I have to. say that I employed a man to canvas for me, that being usually the custom of the trade. If I had not been taken in custody on Saturday I should have been able to produce that man. I am very sorry that it should have occnrred and I should have been very happy to refund any commission upon these orders—I never wrote these orders, nor would I have uttered them if I had known them to be forgeries."
GUILTY—Recommended to mercy by the Jury — Three Months' Imprisonment.
MR. W. SLEIGH conducted the Prosecution;
MR. RAVEN appeared for
Abraliams, and MR. SIMS for Lazarus.
DEBORAH BELHOUSE . I am the wife of Benjamin Belhouse, a builder of 11, Queen Street, Tower Hill—on the morning of 6th June, Abrahams came in in a very excited state and said that he had been in India and had been very ill, and a Mr. Bowling had been very kind to him there, and he had brought him some horns and six parrots—he asked me where Mr. Bowling lived—I could not tell him, but said that if he waited till my husband came in, perhaps he could tell him—he asked me three times if I was a Christian lady, and got hold of my hand, and said that he would not sell his birds or give them to Jews, but he would give them to me—Lazarus afterwards came in—they went out for a few minutes and Lazarus came back with the horns and put them on the floor, Abrahams followed him and broke a square of glass—my husband came in and Abrahams asked for Mr. Bowling, and said that he had brought the birds for him—my husband said that a Mr. Beaumont, a brush maker, lived there—Abrahams said that was not the man, and then he asked for a hammer—my husband gave him one, and he said that he would smash the horns up because he could not find Mr. Bowling—my husband said that it was a pity to break them up, and offered him 5l. for them—he said "Give me 1l. more for my man," and then he asked for 10s. more, but I would not give it to him—Abrahams told my husband that the parrots were next door, at the public-house, and went out to fetch them, he came back and said the birds had gone to King's Cross; my husband said "I must go with you to King's Cross," my husband went out and I heard no more.
Cross-examined by MR. RAVEN. I said before the Magistrate that Abrahams said the birds had gone to King's Cross; the counter was between me and the prisoners.
Cross-examined by MR. SIMS. Abrahams came in first, and Lazarus followed, carrying the horns, when they left my husband pursued them.
Re-examined. My husband went to fetch a friend from next door to go with him—that is a private house, it was while he was there the prisoners ran away.
BENJAMIN BELHOUSE . I am a builder, of 11, Queen's Street, Tower Hill—on 6th June, at 9 a.m., Lazarus came to my shop with some horns and Arahams followed him, and asked for a man named Bowling—I said there was such a man living in the same street some time ago, and I would go and see if I could find him—I went out and returned and saw Abrahams in the next house, which is a public-house, he came in again in a hurry, and said he would not stop any longer for he had been deceived before when he came from abroad, and asked me for a hammer to smash the horns up, I said "Don't do that,"he said"Will you give me 6l. for them altogether"—I said "Yes," for he was kicking up a row that I did not know what I was about—I gave him 5l., and he said "Give me 1l. for my man"—I then began to think I was going to be duped—I went to my next door neighbour, and before I got to the house I saw the prisoners running away—he had said that the parrots were next door and went there, and said he would bring them, and came back and said that the man had taken them to King's Cross—I ran after the prisoners, they ran through a public-house, and so did I—they ran into John Street, Minories, where they jumped into a policeman's arms.
Cross-examined by MR. RAVEN. The first offer to buy the horns came
from me because he said he would smash them; I ran after them 500 or 600 yards.
Cross-examined by MR. SIMS. The 5l. was to be for the horns and the five parrots, I gave him 1l. more, making 6l.—I have said "I was to give 6l. for the horns and parrots together."
Re-examined. I am sure I was to buy the horns and parrots, and not I the horns alone—I have been about thirty-five years in London.
JOHN DIXON (City Policeman 826). On 6th June, about 10.30 I saw the prisoners running up John Street—a boy said "Stop those two men they have robbed me"—I stopped them and saw Abrahams' hand something to Lazarus, who passed it back again, but Abrahams would not take it—I said "What have you got there?"—he said "A sovereign," and gave it to me—the prosecutor came up and said "I charge those two men with robbing me of 6l.—Abrahams said "We have not robbed him, we have been trading with him."
Cross-examined by MR. RAVEN. I took them at the end of John Street, Minories, about 400 yards from the prosecutor's house—I searched the prisoner's at the station and found on Abrahams, 5l. 2s. 2 1/2 d., and a hawker's license.
Cross-examined by MR. SIMS. I found 1l. on Lazarus.
Re-examined. Abrahams said at the shop "We have sold him these horns with a promise of five parrots along with them, which we have not got."
B. BELHOUSE (re-examined). The horns have been valued by Mr. Gambier, of the Highway, at from 24s. to 30s. the whole four.
GUILTY — Nine Month's Imprisonment each.
FOURTH COURT.—Friday, June 30th, 1876.
Before Robert Malcolm Kerr, Esq.
MR. RAVEN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
FRANK STATHAM HOBSON . I am an auctioneer, at 20, Coleman Street—the prisoner came to me desiring to sell his share or mortgage it, under his mother's will—after certain inquiries I placed myself in communication with Messrs. Ingle & Co., the then solicitors to the Planet Insurance Corporation, who eventually lent him the money upon thereversion—I frequently saw him between 1871 and 1875—about February 1875, he informed me that his sister who had been apprenticed to a milliner, was anxious to go into business, and for that purpose required to sell her share, which was similar to his own; under the same will—eventually I purchased it—he brought a person who he introduced as his sister Ellen Ann Offley, a few days after the first interview—she informed me substantially what the prisoner had stated, and came frequently to my office afterwards, seeing my solicitor and myself—he brought a certificate of her birth and eventually this contract (produced) was entered into; I saw it signed "Ellen Ann Offley," by the woman in the presence of Mr. Stopber, the solicitor, Offley, and myself—I got a receipt, at the bottom of the contract, signed in the same way—I paid the money in three cheques to the order of Miss E. Offley—they are endorsed by the person in whose name they are drawn—this (produced) is the assignment—the woman had a peculiar scar on the bridge of her nose—your attention would be
drawn to it immediately, it was something like a tattoo mark—I should add that an insurance being necessary upon the life of Ellen Ann Offley, the prisoner negotiated that with the Whittington Life Insurance Company—this certificate of birth was handed to me by the prisoner.
Cross-examined. He did not tell me he had been away for twenty years and had not seen his family—he said that he was not friendly with them—the woman came to me about the end of February, 1875—I told the prisoner I could not act without his sister's definite instructions; he made no objection to that—between the end of February and 12th March he came with the woman almost every time—when she signed the contract, which was read over to her, she perfectly well knew what she was doing—she did not make an objection to having her life insured in the name of Ellen Offley—there was nothing to make me believe that she knew nothing about the family matters—I never put the direct question to her if she was the prisoner's sister; he introduced her to me as such—she seemed very much at home—he gave me the address of his presumed sister, but I forget it—the communications to her were sent to that address—I do not remember that it was 8, Spencer Place, Goswell Road—I had not the address of the prisoner's father and mother—I believe the woman is dead—I am quite sure the prisoner produced her certificate of birth-; he took it out of his pocket in the greatest particular way as if it were a document worth untold gold, and said "There sir, I have got it after the greatest difficulty with the Registrar"—the district was Mile End Old Town—I am told the woman's name was Martha Brown.
WILLIAM STOPHER . I am a solicitor, of 24, Coleman Street—on 12th March I was instructed to prepare a contract for the purchase of a share of Ellen Ann Offley by Mr. Hobson—I did so at his office in the presence of the prisoner and the person who represented herself to be Ellen Ann Offley—I asked her whether she was his sister—she said that she was, and by my directions, after reading over the document, she signed her name at the foot of the contract and on the receipt—I witnessed both and that was the end of the matter on that day—she was a swarthy dark woman with a blue scar on the bridge of her nose—between 12th March and 1st June certain necessary preliminaries had to be gone through in reference to the insurance and inquiries as to the title—I satisfied myself as to the existence of the fund and on 1st June the assignment was prepared and executed in my presence and the balance of the purchase-money was paid.,—
FRANK STATHAM HOBSON (re-examined). I received this letter, ("April 5/75. Sir,—I wish you to address my letters to this address. I have been in the country and I find they have been tampering with my letters. I came to your office on Saturday, but you were gone. I shall not come home until Saturday. I thought my brother would have called on you and told you I was in the country, but I find he did not. Address Miss Offley, at Mrs. Ivory, 8, Spencer Place, Goswell Road.") That, I should think, is the writing of the person who represented herself as Miss Offley.
ELLEN ANN HAMILTON . The prisoner is my brother—I am the wife of Edward Hamilton, of 12, Quebec Street, Portman Square—I was married on 30th March, 1868—my maiden name was Ellen Ann Offley—I have never been to Mr. Hobson's offices in Coleman Street—I was entitled to a reversionary interest under the will of Mary Craddock, deceased, which I have taken out of Court and received it—this signature, Ellen Ann Offley, is not my writing—I think I last saw the prisoner in 1871 previously to seeing
him last year—he called to see me where I am now living—I recognised him as my brother—he saw that I was rather upset and did not want to see him so he went away.
Cross-examined. I was down in the kitchen at the time and my husband called me tip—I did not hear what the prisoner said—in 1871 he came down into the kitchen and said "Well, Ellen," and seeing I was very much upset he went away; I let him out at the front door.
MR. W. SLEIGH here withdrew from the case, and the prisoner stated that he was under the impression the woman was his sister, not having had intercourse with his family for over twenty years.
He was further charged with having been before convicted, to which he PLEADED GUILTY**— Fourteen Years' Penal Servitude.
MR. DOUGLAS conducted the, Prosecution.
EVAN GRONOW . I am a shoemaker, of Irongate Wharf, Paddington—On Saturday night, 10th June, at 11 o'clock I was in bed on the ground floor, and was awakened and saw the prisoner pass my coat out at the window—he was three parts in the room, but standing outside—I asked him what he was doing, and he ran away—I went after him, and never lost sight of him—he got behind a cart—I called for help, and Sergeant Tompkins came up he laid hold of him behind the cart—I charged him with stealing a coat and waistcoat—I picked up the waistcoat myself—I have not recovered the coat—the prisoner said he was sleeping on the timber—on the road he said "I had got the wrong shop" and that he had some beer.
THOMAS TOMPKINS (Police Sergeant D 14). I was in Irongate Wharf, I heard some cries and saw the prosecutor and the prisoner dodging round a cart—the prosecutor said the prisoner had stolen his coat—I took him, he said "It is all false, I know nothing about it—I came round here for a sleep"—I said "You arc rather out of breath for sleeping, let us go back and see what it is"—we did so and examined the place, and found it had been opened—on the way back we found" a waistcoat, but not the coat—the prisoner appeared to have been drinking, but was not drunk.
The prisoner in his Defence stated that he was drunk and did not know what had been done.
GUILTY —He was further charged with a previous conviction, to which he PLEADED GUILTY**— Ten Years' Penal Servitude.
MR. D. METCALFE conducted the Proecution; MR. COLE defended Jennings.
HARRY BEAVIS . I am a builder, of 2, Mildmay Road, Stoke Newington—I was intoxicated about 1 o'clock in the morning of 26th May—the female prisoner tore my watch and chain from me and ran away—I ran after her, but she was stronger than me at that time and threw me several times—this is my watch (produced).
Cross-examined by Pearce. I cannot say whether I pulled your petticoat up.
HENRY SHAW . I am a sword instructor, of 22, Armagh Street, Kensington—I was out this morning and saw Beavis—the prisoners joined him—he was not sober—I saw Jennings strike him and seize his watch and chain and convey it into his hand—I caught him and asked him what he had done with the watch, he said he had got no watch—I said "I saw you take one, where is it," and he gave me this one (produced), it is not the prosecutor's—I said "That is not the watch you have got," and he said "All right"—I said "Give it to me," and I said to the prosecutor "You had better go after that woman"—I kept him, and picked the chain up in the gutter.
Cross-examined by MR. COLE. I said to him "Have you seen the chain," he said "No, I am only passing"—when I gave my evidence before I said "I have his watch, and he took the prosecutor's watch out of his pocket"—I asked for it, and he put the watch into his pocket, and it was taken out at the station—Beavis was quite drunk—I saw his hat fell off—I saw Jennings pick it up—I kept Jennings, he did not offer to run away; he had no chance.
Cross-examined by Pearce. You were gone when I picked up the chain. William Barratt (Policeman N R. 16). I was on duty in Kingsland Road, and Shaw said "I give this man into your custody, he has been stealing a watch; I have got the watch"—the prisoner said "No, I have got his watch in my pocket"—I took the prisoner to the station and. searched him and found the prosecutor's watch in his pocket.
Cross-examined by MR. COLE. A little gold watch was the one Shaw had in his hand, not the prosecutor's—I have "ascertained that this other watch has been pawned at McCarthy's, in Pembridge Street—I went there, and found it correct.
ALFRED PURCER (Policeman N 443). I saw Pearce about 1 o'clock this morning running away from Beavis—they were calling for assistance—I took her into custody—Beavis charged her with stealing his watch and chain—she said that he did not know anything about it.
JENNINGS— Eighteen Months' Imprisonment.
PEARCE— Twelve Months' Imprisonment.
Before Mr. Common Serjeant.
274. WILLIAM JOHNSON (28), and HENRY SEATON (31), PLEADED GUILTY to unlawfully attempting to burglariously break into the dwelling-house of Rudolph Messel, with intent to steal, Seaton having been before convicted.
JOHNSON received a good character— One Month's Imprisonment. SEATON**— Seven Years' Penal Servitude.
Before Mr. Recorder.
Before Mr. Recorder.
MR. W. SLEIGH conducted the Prosecution; and MR. M. WILLIAMS the Defence.
JOHN DOWSETT . I am barman to Mr. Holland, of the Pavilion Tavern, North Woolwich—oil Thursday evening, 6th June, the prisoner was a barman under me; he had only come the day before—I cleared the till several times; the last time I examined it was at 10.20—there were two half-crowns there and a florin, and some small silver—I kept a watch upon him, and in two or three minutes saw him serve a man with some drink, who gave him a sixpence, which the prisoner put in the till, and gave the man two separate shillings and some halfpence—the man left, and I said to the prisoner "What did that person give you?"—he said "A half-crown"—I said "That is false; he only gave you 6d."—I went to the till, and found there only the two half-crowns which I had seen previously—I informed Mr. Baker, the head cellarman, and Highall the under cellarman.
Cross-examined. The premises are not large—there are several bars on the establishment and in the grounds, and several persons serve—there is only one till where I am, which serves for all the persons in the bar—only the prisoner and I served there—after looking in the till I went on serving—we were very busy.
By THE COURT. I served nobody after looking in the till, because the man came in directly afterwards, and I was watching the prisoner.
RICHARD HIBELL . I am the under cellarman—Baker made a communication to me, and I went into the bar and saw a man come in who was not served with anything—the prisoner put his hand in the till, and gave some silver into the man's hand—I cannot say how much, or whether it was large coin or small coin, but it was silver, and he went out with it—I told the prisoner that he had given the man change without his having anything to drink—he said that the man gave him a 2s. piece, but I am certain he did not.
Cross-examined. I was standing 1 1/2 yard or 2 yards from the prisoner—he did this with me looking on quietly.
GEORGE OSBORNE (Policeman K 403). The prisoner was given into my custody; he said that he was innocent—I found on him 13s. 1 1/2 d.—there were two half-crowns, two florins, and the rest in shillings and 7 1/2 d. in bronze—the two half-crowns were very sticky with beer.
GUILTY — Twelve Months' Imprisonment.
MR. SIMS conducted the Prosecution.
EDWIN ROBERT WETHERED . I am a major in the army, and paymaster of the 2nd Depot Royal Artillery, Woolwich—on 31st May I drew this cheque (produced), and enclosed it in a letter in a small official envelope, addressed to Major Murdock—I gave it to my clerk—I know nothing of the prisoner.
WILLIAM MURRAY REED . I am a driver of the Depot Brigade Royal Artillery, and an camp orderly—on 31st May, I received a small sealed envelope from the orderly at the paymaster's office, addressed to Major Murdoch—I had other letters, but that was the only one to Major Mundoch—I gave all the letters to the prisoner who was the orderly—the envelope was fastened just as I received it.
Cross-examined by the Prisoner. I delivered it to you between 1.30 and 3 o'clock.
of the London and County Bank—on 1st June, about 10 a.m. the prisoner brought me this cheque; I saw that it was crossed, and as he seemed rather nervous and excited I asked him if he wanted it cashed-he-said that he only wanted 50l.—I asked him what was to be done with the remainder—he said that it was to be paid into Major Murdoch's account—I told him he must take it and get it endorsed—it has "J. Brand" on it; T asked him if that was his signature—he said "Yes"—I know Major Murdoch's writing, this is not his writing, it is a forgery—this was not on it when it was presented first.
ARTHUR CULVER . I keep the White Lion, at Woolwich—on 1st June, about 11 o'clock a.m.—the prisoner came there with two females—they had some refreshment, and the prisoner said "Have you got such a thing as a quill pen?"—I said "No, I have a steel pen; he said that will do"—he said "Just write Major Murdoch's name, my hand is unsteady, I was'drank last night"—I said "You would not wanf'me'tocommit forgery would you”—s he said "I have been to the Derby and was drunk last nighft if you sign it it—will save my going to the barracks to get Major Murdoch's signature”—I communicated with the police, the prisoner was then gone, But Carter went after him.
JAMES CARTER (Dockyard Constable). On 1st June, Culver gave me information, and two hours afterwards I found the prisoner at the Rdebuck public-house—I said I have heard that: he had a cheque on him for a large amount, and I wanted to "satisfy myself that he was rightly in possession of it—he would give me no satisfaction and I took him to the station where he produced it with other papers, doubled up and tore it to pieces before I could get it from him—we had to take the pieces from his hand—these are them.
ELIAS FORD , (Policeman). The prisoner was charged at the station with stealing the cheque—he said "Very well, there are misfortunes at sea." William Walpole Murdoch. I am a major in the army, and am stationed at Woolwich—the prisoner was a gunner in the battery under my command, and was the office orderly—this eheque Was never presented to me—the endorsement is not mine—I did not authorise anybody to sign it—it was the prisoner's duty to'hand all letters into the office.
Prisoners Defence. On 31st May, I was orderly at the office, and about 12 o'clock I went to the paymaster's office, and after delivering my message he told me to sit down while he made out a cheque for Major Murdoch, he gave it to me and I returned to my battery about 12.45; there was a half-holiday and the sergeant had left, and I could not deliver it. I had leave that afternoon and had to conceal it until it until I could deliver it next day; being in liquor I do not know what happened, but next morning I found the cheque with the endorsement on it in the name of Brand; If I had not been taken up I should have returned the cheque to the pay serjeant; if I had not been in liquor it would not have happened.
GUILTY . He received a good character— Six Month' Imprisonment.
GEORGE OLIVBB (Policeman N 67). On 6th June, I was on duty in London Street, Greenwich, about 9.30, and saw the prisoner upset a milk stall—he then caught hold of a rail and put his foot through a window—
he was drunk, I took him in custody—he said that he did not intend to soldier, he had done four months and would do more, and threw me on the ground.
Prisoner's Defence. I was drunk, I have no recollection of it.— GUILTY —
Six Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
280. THOMAS LAW (20), PLEADED GUILTY to burglariously entering the dwelling-house of Francis William Ward, and stealing therein a suit of clothes and other articles, his property— Eighteen Months'Imprisonment.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
CLARA NUNN . My mother keeps a toy shop in Powis Street, Woolwich—on 22nd May, about 8.45 p.m., the prisoner came in for a pocket knife—I said that I had not got one, and he asked me for a black-lead pencil and gave me a half-crown—I put it in the till where there was no other silver and got the change, 2s. 5d., from my mother—two or three minutes after the prisoner left I found that the half-crown was bad—I went after him and saw him at the corner of Union Street; two children joined him—I spoke to a policeman who followed him and touched him on the shoulder, he then ran away—I gave the bad half-crown to my mother and afterwards got it from her and gave it to the policeman—this is it—going to the station the prisoner said "I will give you another for it"—I said "I cannot take it."
Cross-examined by the Prisoner. I did not mark it before I gave it to my mother—it was bent at the station—we had no other half-crown in the shop.
WALTER PAULING (Policeman R 67). On the 22nd May about 9 o'clock the last witness pointed out the prisoner to me; he had two children with him—I put my hand on his shoulder and said that I should take him for passing a bad half-crown at a toy shop—he ran away, but I caught him about a dozen yards off and took him to the station—he said going along" I will give you another if that is bad," and produced a good half-crown—I found on him a half-crown, three shillings, and four sixpences, and 1s. 5d. in bronze, and a Hanover medal, a pocket-book, and two pencils.
Prisoner's Defence. I did pass the half-crown, but I believed it to be good. I ran away because the policeman touched me suddenly and frightened me. I had no coppers when I went into the shop. I got them afterwards; my purse is very long and the small coins went to the bottom and the half-crowns came to the top.
He was further charged with a previous conviction of a like offence in September, 1873, to which he
PLEADED GUILTY**— Eighteen Months' Imprisonment.
MR. MILLWOOD conducted the Prosecution.
MOSES MARTIN . I am a butcher in High Street, Deptford, on Thursday night, 15th June, about 10.30 I drove to Church Street, Greenwich, with a horse and cart, which I left outside a door with a; horse rug, umbrella, and whip in it—the prisoner was standing round the corner—he said "Shall I mind your horse, Mr. Martin"—I said "No, my horse does not require any minding"—I afterwards went to a public-house, three doors from where I had been stopping—I stayed there five minutes—on going out I missed the rug—the horse was backed about 5 or 6 yards, under the shade of a lamp—I also missed an umbrella and a waterproof—they were in the cart—a constable came up and said "Have you missed anything"—I said I had, mentioning the things—he said "This is the man who has taken them"—the prisoner was a few yards behind—the constable took him into custody—the articles are my property;.
JAMES CHEEK (Policeman K 252). I was" on duty this night in Church Street, Greenwich, at about 11 o'clock—I saw the horse and cart there—there was no one in it—I saw the prisoner on the other side of the road—I saw him examine the whip—he backed the horse about 5 yards into the shadow of a lamp—he got hold of the. horse rug and put it under his coat and went into a narrow court—I did not lose sight of him—he was not there a second—he came back and took something else out—I spoke to the prosecutor—I found the property in a court—on the way to the station, the prisoner said "God blind you, I shall have you up and down before I go."
Prisoner's Defence. I was on my way home when the constable slopped me and said "The prosecutor wants you; you have stolen some of his things out of the cart." I had not been there two minutes.
The Prisoner also PLEADED GUILTY to having been before convicted of felony— Eighteen Months' Imprisonment.
283. JOHN OLIVER alias GEORGE MARKSMITH (42), and HENRY RUSHBROOK (54) , Unlawfully obtaining ten pipes of linseed oil by false pretences from William Shaw Wright. Other counts for conspiracy to defraud various persons.
MR. BULWER, Q.C., and MESSRS. DICEY and MEAD conducted the Prosecution; MR. KEITH FRITH and MR. F. A. REED appeared for Oliver; MR. MONTAGU WILLIAMS and MR. GILL for Rushbrook.
THOMAS REDMAN . I am in the service of the executors of the late Mr. Cole—they have a warehouse at No. 6, Chester Street—I was in the occupation of that warehouse the latter part of January—I gave it up to Oliver—the name of George Mark Smith, oil, colour and Italian warehouseman was put up over the door—this is the "tin" (produced)—I never saw him afterwards—the premises were left vacant about the 20th March—I took possession again, and found inside twelve letters and a post card—as far as I know no business was being carried on there.
Cross-examined by MR. FRITH. My wife gave the key up—I saw the man on two occasions previously to the key being given up—I cannot say
of my own knowledge to whom my wife gave the key, I was not present—when I went to identify the man I said I did not see him, and the police said "Walk up a little closer"—they did not point him out.
Re-examined. I am sure the prisoner is the man—he went by the name of George Mark Smith.
ARTHUR KNIT . I am a clerk to Mr. Humphreys, cashier, of 28, London Street, Greenwich—Mr. Humphreys had the letting of the warehouse in Chester Street—I received this letter (produced) after the 17th January—it is in reply to one of ours—after this a person called upon us—to the best of my belief it is the prisoner George Smith—he called on the 22nd January and paid 2l.—(agreement produced), he signed this—he gave references—we communicated with the gentlemen and received replies—we were satisfied with the references—the address George Smith gave in his letter was 110, Richmond Road, West Brompton—we gave him possession through the last witness, after the agreement was signed and he had paid 2l. deposit.
Cross-examined by MR. FRITH. I had an opportudity of two or three minutes of seeing the man—when I picked him out at the station I did not hear anyone say "There is the man."
MARY ANN PETT . I am the wife of James Pett, of 110, Richmond Road, West Brompton, tobacconist—in January no person of the name of George Smith lived there—letters came in the name of George M. Smith, they were fetched away, but not by either of the prisoners—the person who did call for them was in the habit of visiting my shop as a customer—I saw the letter my husband opened; it was from Mr. Humphreys.
Cross-examined by MR. FRITH. I do not even know Oliver—I know the person who called for the letters as George M. Smith.
Re-examined. When the person called for letters he said "Have you any letters left in the name of George M. Smith"—I inferred that was his name by calling for the letters.
SAMUEL HENRY BROWN . I live at 202, Kensington Park Road—no one was living there in January last in the name of Lascelles—I am a stationer—I often take in letters for persons wishing it—I think we took in one or two letters in the name of Lascelles.
Cross-examined by Mr. Frith. I do not know Oliver.
ANN BARKER . I am the wife of Alfred Barker, tobacconist, 54, Pembroke Road, Kensington—in January last a person of the name of Montgomery did not live at our house—a person giving that name called for letters addressed to our shop.
Cross-examined by Mr. Frith. Oliver is not the man who called upon me.
WILLIAM SHAW WRIGHT . I am a member of the firm of Messrs. Wright Brothers, of Hull, oil merchants—I received in February this year a bill heading like this (produced)—I answered it—I have lost the first one that I received—in reply I received this one. (Read:"Geo. M. Smith, drysalter, oil and colour merchant, &c. Also Bexley, Brighton, Croydon, Darttord, Deal, Dover, Deptford, Folkestone, Greenwich, Hastings, Plum-stead, Ramsgate, &c., &c. It is particularly requested that all orders for goods from any of my shops must be sent on here to be verified, &c. The number of establishments will show the necessity for this precaution." [The letter follows which gives an order, and is signed Geo. M. Smith.] "P.S.—Any of the leading oil houses in London will act for references.") Upon this I inquired as to the respectability, and was quite satisfied—I received this
letter. (It was read, and contained the words:"Please send the oil per steamer on Wednesday next, and charge insurance to my account,. G. M. Smith.") Upon this I sent up the ten casks—the terms were 2 1/2 off if paid with in fourteen days from the date of invoice. (Produced. It was dated the 8th.) The consignment would reach London about the 9th or 10th—when the money was due I made application for it, and our—letters were returned, endorsed "Gone"—I have never had any of the money; the invoice amount was 109l. 9s. 8d.—we never deal with any people but those whom we think are trustworthy—that was what I believed in this case after the information received—I never saw the man George M. Smith.
Cross-examined by MR. FRITH. I may have seen the casks of oil, I cannot say positively.
GEORGE MENCE SMITH . I am an oil and Italian warehouseman, of Southwark and elsewhere—this is one of my bill heads (produced)—I carry on my business at all the places mentioned—with one or two exceptions, I find all the places mentioned here on one of the prisoner's bill heads (produced)—I do not know any other George M. Smith carrying on the same business, and I have not authorised anyone to use my name—I do not know Oliver—I know Rushbrook.
Cross-examined by MR. GILL. I know that Rushbrook travelled for Several firms previously to twenty years ago.
Re-examined. I have not known him since, nor as carrying on the business of a drysalter.
ANSELM JOHN GRIFFITHS . I am clerk to Messrs, Breffitt, wharfingers,—of Dowgate Dock—the prisoner Oliver brought me this bill of lading. (produced)—it is consigned to G. M. Smith, ten pipes of linseed oil"—he represented himself to be the consignee of the goods—I had seen him pre-viously with reference to some soda—some one brought these delivery orders (produced)—they were endorsed by George Mark Smith, authorising the person who brings them to receive the goods—in obedience to the orders the carman had the goods, and they were taken away.
Cross-examined by MR. FRITH. I could not remember the persons that I saw in business this day fortnight—I remember Oliyer—I see many people in the course of a day—not hundreds, perhaps a couple of score—I was not talking to two inspectors when I first saw Oliver at the-station—some one did say "Do you recognise that man"—there were others in plain clothes—they were walking about and standing still—there was a policeman near Oliver—that was when a policeman said "Do you recognise that man."
Re-examined. I received this letter (produced) dated the 10th February—it is signed "George Mark Smith," and in reference to this very oil—I had no conversation personally with Oliver in reference to this letter—he called after its receipts—I have not the slightest doubt about his being the man, who represented himself to be consignee of this oil and the soda, and upon his directions I acted.
LEVI KINSEY . I am a carman—on the 14th February, I delivered two casks of oil to Monk's, Manor Street, Chelsea, from Mr. Breffitt's Wharf—a man went with me, the one who employed me—I should not know him again.
Cross-examined by MR. FRITH. This (order produced), was not given me by Oliver—I did say at the police-court the person was very different.
order to fetch eight casks of oil from Breffitt's Wharf—this is signed by "George Mark Smith," (delivery order produced)—by their directions I fetched seven of the casks to Mr. Johnson, of High Street, Stratford—some one else fetched the eighth cask in a van—I do not know what name was on the van.
Cross-examined by MR. FRITH. Oliver was not one of the men that called in a brougham.
Cross-examined by MR. GILL. I remember meeting a tall dark man at a public-house, and Rushbrook being there—I went there to get some of my money—I remember Rushbrook paying 100l. to the tall dark man—this was a fortnight after the gentlemen came in the brougham.
Re-examined. Rushbrook was not with this other person when the delivery order was brought to me.
WILLIAM MATTHEW MONK . I carry on business as oil and colourman, at No. 8, Manor Street, Chelsea—I have known Oliver for six years as John Dixon, of Luna Street, Chelsea—I purchased some linseed oil of him in February—the 15th the receipt is dated—he came a few days before and offered me two pipes of linseed oil—I agreed to pay him 20l. a ton—it was delivered, and I paid Oliver for it—he gave me this receipt (produced)—I should not swear it is his handwriting because I did not see him write it—I have not bought things of him before for over three years—I have not seen, him for a twelve month—I have always known him by the name of John Dixon.
Cross-examined by MR. FRITH. He has sold several things for me on commission, some four or five years ago—I have known him as a general dealer and small commission agent—I know he is handy at painting and varnishing—he has done it tor me—I believe he used to go out and work like that.
Cross-examined by MR. GILL. I have been in business for twenty years—before that I was in the employment of Mr. Scott, for six or seven years—all that time I have known Rushbrook—I have known him nearly thirty years—I knew he used to travel for firms and sell on commission up to the last ten years—during the last ten or fifteen years he has sold things on his own invoices—he has sold things for me—he used to be regular in calling upon me, but not so regular lately.
Re-examined. I have not known Oliver as dealing in pork, oil, or soda—I did make any inquiries as to where this oil came from, but I had a reference when he came into my employ some five or six years ago—I have had dealings with Rushbrook, on his own account—I do not know where he lives—I have not known him as a drysalter, oilman, and dealer in grocery, 406, Hackney Road—Oliver had some sardines, lobsters, and various other things for which I made out a bill and deducted the amount out of what I paid him.
JOHN REES . I live at 41, Luna Street, Chelsea—there has not been a man of the name of John Dixon, living there—a man named Foster, and a woman named Crowther have lived together there—I have received letters in the name of Dixon, and gave them either to Foster or Crowther—I know that Foster is Oliver's wife's father, and Mrs. Crowther is sister to the wife.
Cross-examined by MR. FRITH. I do not know Oliver at all—I only know about his wife's father and sister by it being represented to me.
Re-examined. I knew the name of the married sister to be Dixon, the sister to Crowther, and therefore gave the letters to Crowther—I understood they were for her sister.
EDWARD GEORGE JOHNSON . I carry on business with my father, at 379, High Street, Stratford as an oil and colourman—Rushbrook came to us on the 12th February last—I saw him—he said he had seven pipes-of linseed oil to sell—I did not ask where it had come from—he asked 23l. per ton—I said I could not give it to him and offered him 22l., which he accepted—the seven pipes were delivered on the 14th—the next morning I saw Rushbook—I was going out at the time and could not stay, so he said "Give me something on account"—I gave him a cheque for 20l.—he called again on 19th, when I paid him the balance—I received this invoice (produced) it is receipted in his hand writing—this represents him as a drysalter, carrying on business, at 406, Hackney Road—I have known him as a commission agent in selling oilmen's goods—I have known him something like twelve years, and have had dealings with him during that time; we resold those casks of oil.
Cross-examined by MR. GILL. I have known him as calling on me for a number of years, and have had large dealings with him—I have known him as representing Messrs. Twelvetrees.
By THE COURT. I have had invoices with other transactions, and always the same address—I have never been there—when he represented firms he had their invoices.
EDWARD LOGSDALE . I live at 406, Hackney Road—a person named Rushbrook does not lives there—no drysalter or colourman lives there—Rushbrook has called upon his daughter, she is one of my lodgers, Mrs. Steward—letters were brought there for him and were given to her.
Cross-examined by MR. GILL. I have been there three and half years—my uncle lived there before me—Rushbrook has not sfayed there to my knowledge more than eight or nine nights.
Re-examined. I am a tobacconist—there is no drysalter there—Rushbrook's daughter is married and lives upstairs.
SAMUEL GIBBS (Detective Sergeant). I apprehended Oliver in Moor Park Road, Fulham on the 12th April last—he came from No. 9, Prospect Terrace, Britannia Road—Constable Shaw was with me,—whom I directed to follow Oliver—he did so and stopped him—I told him I should take him into custody for obtaining in the name of George M. Smith, ten pipes of oil from Messrs. Wright Brothers, of Hull—he said "That is not my name, my name is Oliver"—I took him to the station at Walham Green, where I read the warrant to him, and he made no reply—I then went to the house in Prospect Terrace, which ha came out of, and found a rent book in the name of Dixon and some other papers—I apprehended Rushbrook on the 4th May, at 75, Goldsmith's Road, where he was residing in apartments—I told him who I was, and I had called respecting the seven pipes of oil he had sold to Mr. Johnson, at Stratford—he said "Yes, a man of the name of Smith asked me to sell the oil for him, that is all I know about, it"—he said "I go with you under protest"—I took him to Greenwich police-court.
Cross-examined by GILL . I went to Johnson's, at Stratford, and he showed me an invoice for oil—the address on the invoice was 406, Hackney Road—Mr. Johnson told me the address at Margaret Street—I went there, and from there to Rushbrook's—I have not been able to find the tall dark man.
JAMES HORSNAIL . I live at 9, Prospect Terrace, Britannia Road, Fulham—the prisoner lodged at my house; this is the rent book (produced)—the rooms were taken in the name of Dixon; the same as is in the rent book—
he lived there with a lady—the rent book will show when he came and when he went away.
Cross-examined by MR. FRITH. I do not know what the gentleman was; he has been in my place for several weeks at a time.
THOMAS AINSLEY COOK . I am manager to Messrs. Cook Brothers, of Newcastle, manufacturers of soda crystals—on the 29th January I received this paper (produced), it is headed from G. M. Smith, Chester Street—we replied, quoting a price, and had some further correspondence with the person representing himself to be G. M. Smith—we got references—which were very satisfactory, and eventually sent up fifty tons of soda, amounting to 184l. 14s. 4d., by two vessels; the Marguerite and the Wansbeck—the terms were cash at fourteen days, less two and half—after despatching the goods I knew nothing more of them—we applied to the address of G.M Smith for payment, and the letter was returned through the Dead Letter Office—we never got a sixpence—the references we obtained induced us to part with the goods, and the headings on the letters influenced us.
JAMES BARNES . I am landing clerk to the General Steam Navigation Company, at Irongate Wharf, London—the steamers Marguerite and Wansbeck belong to our company—in February by those vessels I received soda coming from Messrs. Cook, of Newcastle—the casks by the Marguerite were marked A and B and by the Wansbeck C D E—they were consigned to G. M. Smith, Chester Street; they were delivered into craft over the ship's side.
CHARLES SEYMOUR (re-examined). I fetched some casks of soda last February from Breffitt's—wharf—these delivery orders (produced) were given me by a tall dark man; not the prisoner Oliver—I delivered the casks to various oil and colour shops, and some to a wharf by the order of George Smith—the delivery orders were endowed by G. M. Smith—I have not been paid for the work I did—I have not seen the prisoner before.
Cross-examined by MR. FRITH. I never saw anything of Oliver—the tall dark man was totally different from Oliver.
ANSELM JOHN GRIFFITHS (re-examined). The soda crystals come to our wharf in lighters from the ship's side—I saw Oliver with reference to what was to be done with it—he represented himself to be consignee of the goods, George M. Smith, of Greenwich—this letter (produced) is signed G. M. Smith, it comes from Chester Street—I asked who recommended him to us and he said "A gentleman from the Commercial sale rooms"—he also said he expected a further consignment of goods and could we land a parcel of allum for him—I said "Yes," of course the allum did not come to us—his allusions corresponded identically with the letter that I had received—the soda was afterwards taken away from our wharf—these are the two delivery orders (produced)—Oliver paid the freight and also our charges—I gave him a receipt as received from G. M. Smith—the whole transactions led me to believe he was G. M. Smith—I thought I was dealing with the principal.
Cross-examined by MR. FRITH. Consignees sometimes send their agents to pay the charges and also their clerks—Oliver paid for such goods ns were landed at the time of his calling—I swear that he did not say he had not sufficient money and would get the rest from Mr. Smith—Oliver did not bring a letter to me by hand—I do not say that he said "My name is G. M. Smith"—I am not aware that I said at the police-court "He gave the name of G. M. Smith."
paying him for the oil, he told me he had some soda for sale—I brought 20 tons first, and on the second occasion about the same quantity—they were delivered to customers; I gave Rushbrook the directions to whom they were to be delivered—the first lot I gave him 4l. per ton. for, the second lot 4l. less two and a half—I paid him him by cheque and cash—he told me he was selling on his own account, not that he was acting as broker for anyone else—he gave me receipts for the money.
Cross-examined by MR. GILL. I knew him as dealing in oil and soda—a man acting on commission need not disclose his principal.
By THE COURT. The cheques were crossed cheques and passed through the London &County Bank.
By THE JURY. The previous transaction was ketchup and ink.
Re-examined, He sold this on his own account.
JOHN DUNN . We are agents for sale of allum, at Manchester—we have had correspondence with a person signing himself G. M. Smith—we received this letter (produced), to which we replied—we received references, which were satisfactory, and in compliance with an order, we sent off twenty tons of allum, worth 138l. 9s.—I believe it went by the Paradox—we wrote a letter which came back through the Dead Letter Office—we also telegraphed, but never had the money.
CHARLES JOHN THACKWAY . I am clerk at Stanton's wharf, Tooley. Street—I find by the manifest (produced) that twenty tons of allum were consigned by Dunn Brothers, per the ship Paradox, to their order—its arrival was on the 4th February—I received these orders (produced) from the South Eastern Wharf lighterman—this is signed George Mark Smith—in compliance with the order I delivered the goods. to the South Eastern Wharf lighterman.,.
FREDERICK R. BAXTER . I am managing proprietor of the South Eastern Wharf—on the 11th February in consequence of a communication from George Smith I sent some craft alonside the ship Paradox, and received some 20 tons of lump allum—I wrote to G. M. Smith, and addressed the letter to Chester Street, Marlborough Street, Old Woolwich Road—this (paper with heading produced) is the address I sent to—eleven days after I received delivery orders for the allum, signed by G. M. Smith—the allum did not leave my premises, it was transferred, some dispute arose and it was stopped; except for this I should have delivered the allum upon the orders to G. M. Smith.
JOSHUA ROWE (Police Inspector V). I know the firm of Dallett.& Co., High Street, Putney—Mr. Dacey carries on the business now—I kept a watch upon 78, Charlwood Road, Putney, in consequence of information I received from them—during a fortnight large numbers of letters were left, but no business was carried on—it was a small semi-detached private house the door was open one day and I went inside, there was not an article of furniture in the place—the windows were painted with' Brunswick black so that nothing could be seen from outside—pieces of parchment were nailed up to represent blinds—I found circulars headed "From Dallett & Co., soap and oil merchants"—there were two or three bottles of colours—I waited and Oliver and another person, who gave the name Murgatroyd, came there—Oliver said he was a painter employed by Mr. Dallett to do the house up—he said his name was Charles John Williams, of 35, Tredegar Square, Bow—he was taken to the station—Murgatroyd was taken to the station while I went to fetch Mr. Dacey—Mr. Dacey said he knew nothing of Oliver
whatever, and the house was in no way connected with the firm of Dallett & Co.—there was no particular charge made against them, and they were discharged—I still kept observation upon the house; this was in September and October of last year; neither of the prisoners came near the premises any more—early in October sixteen kegs of gunpowder were brought by Green, the carrier, to this address—I took possession of it, and after making inquiries restored it to Messrs. Curtis—it was addressed "Messrs. Dallett & Co., 78, Charlwood Road, Putney, per Green: carriage paid: gunpowder—Curtis & Harvey"—I also stopped thirty kegs of gunpowder coming from Messrs. Pigou's; that was at the Great Western Railway Station.
Cross-examined by MR. FRITH. It is the law at present that gunpowder can only be stored on licensed premises; a person would be fined for storing it on unlicensed premises—when Oliver gave his name as Charles James Williams there were two constables present and a sergeant on duty—they are not here.
RICHARD WATTS . I am clerk to Messrs. Curtis & Harvey—we received this letter of October 4th (produced), it is headed "Dallett & Co., soap and oil merchants, Putney, Surrey—we have had dealings with the well known Messrs. Dallett—as directed by this order we sent the powder; it was seized at Wandsworth—I know of no other Dallett & Co., and sent the goods believing we were dealing with them.
Cross-examined by MR. FRITH. The only name I know is Dallett & Co., not Dacey.
CHARLES EDWARD MOORE . I am clerk to Messrs. Pigou & Wilks, Throgmorton Street—we received this order purporting to come from Dallett &Co., Putney, on 4th October—we despatched the gunpowder, twenty kegs—we sent a post-card to say where our cart would meet them, and the cart was stopped and sent back.
ALFRED JOHN GARRATT . I am clerk to Messrs. Dallett & Co., candle makers; I do not believe there is another firm of that name in England—we are well-known by that name; we have no house or business at 78, Charlwood Road, Putney, nor any connection—I know nothing of the prisoners in the way of business—they were not employed by Dallett &Co, and have no authority to use that name.
PHILIP JAMES HUNTLEY . I live at North Street, Scarborough—I used to carry on the business of pork butcher—in November last year, I received this letter (produced)—it is headed "Watling's celebrated pork, veal, and ham pies"—I replied to it and had some further correspondence from the same address, which resulted in my sending up a quantity of pork—it came to about 180l.—I telegraphed up to Watling's afterwards and found out my mistake, that I was dealing with the wrong Watling, and I went up to London the next day—I did not get my 180l.—I went to the real Watlings, not to the other address—I wrote there and my letters were returned.
ARTHUR FRANCIS BARE . I am an auctioneer, residing at South Ken" sington—on 4th November, some one representing the name of Watling, of 19, Cranfield Street, Battersea, called in reference to Exeter House, Walham Green, which I had to let—I let him the shop at 65. per week—I sent several times for the rent—he went into possession almost immedietely—after the lapse of two months the house was left without notice—I do not identify either of the prisoners—the whole affair only occupied about five minutes.
Cross-examined by MR. FRITH. I have not seen the man since to the best of my knowledge.
JAMES COLLIS BIRD . I am the proprietor of Watling & Sons,—the wellknown pork pie makers—I do not know any other firm carrying on the business in the same name—(letters produced)—I know nothing about these; undoubtedly they represent my firm—I have no bussiness carried on at Exeter House—I went there and found a small shop whitened over and Watling & Son printed up—on the door was a card on which was written "Back in five minutes"—I looked about and waited an hour—through the window I saw a table and chair, but no pork pies—no one has a right to use our name, our business has been established fifty years—I have had no dealings with Mr. Huntley—I have had letters from a great many people stating they had letters from these persons.
FREDERICK BAIN . I am clerk-to Mr. Bare—I went to 19, Craufield Street, and saw a lady who represented herself to be Mrs. Watling—I went for the rent and the last time they had removed away—I saw the person representing herself to be Mrs. Watling, at the police-court, on 18th May last—I cannot identify the prisoners, but I saw a person at Exeter House, representing himself to be Mr. Watling.
Cross-examined by MR. FRITH. I saw Mrs. Watling only once, and for a short time, about 11 o'clock in the day.
Re-examined. I pointed her out as the person who paid me the rent; in the presence of Sergeant Gibbs.
GEORGE BISHOP . I am the landlord of 19, Cranfield Street—I lived there in June last, and left in December—the wife paid me the rent—their name was Dixon; I cannot swear, but I think Oliver is the man that lived there—I knew the woman who passed as Mrs. Dixon—I have no doubt about her—I saw her at the police-court, and pointed her out to the police when Frederick Bain and Gibbs were there—they paid their rent.
Cross-examined by MR. FRITH. Whilst Mr. and Mrs. Dixon lived there tome parties came in the name of Smith-smith lived on the first floor, and Dixon on the second.
By THE COURT. I do not know that he slept there, I saw very little of him—he carried on no business.
SAMUEL GIBBS (Detective). I took Oliver into custody—I saw a woman in bed in the apartments he occupied—at the hearing of the police-court Bain and Bishop pointed the woman out to me, the same woman, the prisoner Oliver's wife.
EDWARD SAYER (Detective). I received a warrant for the apprehension of a person calling himself Watling, of 19, Cranfield Street, on the charge of getting this pork—I have received three letters (produced) which I compared with the handwriting of Smith, in the letters written by Kim to Mr. Humphrys when he took the place at Chester Street, Greenwich—I have also compared these with the letters in the name of Dallett & Co., and with the delivery orders for soda and allum and find they are in the same handwiting.
Cross-examined by MR. FRITH. I do not call myself an expert—I have given similar evidence five or six times in the course of my life.
Re-examined. As a detective it is part of my business. (The letters were then, put in.)
OLIVER— Five Years' Penal Servitude.
RUSHBROOK— Seven Years' Penal Servitude.
FREDERICK GREENFIELD (Police Inspector R). I went with Inspector White on the 16th of last month to the defendant's premises; he is a marine store dealer, at 42, Old King Street, Deptford, close by the Surrey Consumers' Gas Company—I searched his premises, and found about twenty-four lengths of gas piping concealed behind some bundles of rags—the prisoner said "I bought that two years ago"—he has 2 yard close to his premises—I sent to the gas company, who sent round their foreman, and he identified the piping as their property.
Cross-examined. It was a shop facing the street; it had very small panes of glass in it, impossible to see through because of being blocked up with old iron and rag—there is a counter and scales, and the back room is used for storing things.
RICHARD WHITE (Police Inspector R). I went with Greenfield to the prisoner's premises—I corroborate what he has said—I found this book belonging to the prisoner (produced)—there is no entry of the gas piping.
WALTER FARMER . I am foreman to the Surrey Consumers' Gas and Coke Company, and live on the premises—on the 16th May I was sent to the defendant's premises, 42, Old King Street—I identified the gas piping by marks and numbers.
Cross-examined. It was piping once manufactured for the company—I have been with them ten years—I cannot say that other gas companies do not have the same mark.
Re-examined. I missed this property about eighteen months ago.
GUILTY — Seven Years' Penal Servitude.
Before Mr. Recorder.
285. THOMAS CONWELL (27), PLEADED GUILTY ** to burglariously breaking and entering the dwelling-house of Walter Winterbourne, and stealing therein twelve counterpanes and other articles, his property, having been convicted at Clerkenwell in 1866. (Certificates of his good conduct in the army were put in.)— Three Months' Imprisonment.
MR. A. B. KELLY conducted the Prosecution; and MR. SIMS the Defence.
MARY JANE BROWN . I live at 5, Lee Terrace, Deptford—on 6th June, between 7 and 8 p.m., I was passing the prisoner's shop, 6, Church Street, Rotherhithe—he is a barber—I heard a disturbance and saw the prosecutor trying to come out of the shop and the prisoner trying to prevent him, and he struck Duffy in the face—I was close to the door, and went up to close it, and got saturated with blood—only one blow was struck—Duffy said in broken English that he had given d., and that the prisoner demanded another penny.
Cross-examined. A man named Sales was by my side, but I did not see him push the door open, it was open when they came out—I did not see anybody push it from outside.
trying to get away—I came out, the man followed and the prisoner followed him with a pair of scissors in his hand and deliberately struck him in the face with them—I heard him say that the man had had his hair cut and was shaved and he wanted another 1d.—I am sure the blow was struck after I pushed the door open.
Cross-examined. When I pushed it open no one had hold of it inside—the prisoner had released his hold before Duffy got to the door, and then he thrust out his hand and the blow was struck—the prisoner then went inside and we took the man to a doctor's opposite.
JOHN DUFFY . On 2nd June I was shaved at the prisoner's shop, and then asked him to trim my hair at the back—I then gave him 2d., he wanted 3d.—I said your charge is only 2d., he persisted and threatened me with the scissors in the shop—I had 2s. in my pocket, and I said I will go and get change and give you the other 1d., but he would not let me go out—he caught hold of my waistcoat, Sales then shoved the door open and I went out and the prisoner came out and stabbed me—they took me to a doctor's and then to the hospital—I had had a little drink.
Cross-examined. He thinned the back of my hair; another man came in afterwards and tried to pull the prisoner away from the door.
JOSEPH WILTON . On Whit-Tuesday evening I went to have my hair cut, the prisoner was there, either shaving Duffy or cutting his hair—he was going out and the prisoner went towards the door demanding payment—I told Duffy he had better pay the man, but he struck him two or three times on the fingers to make him let go of the door—I remonstrated, and the prisoner held out something, but I could not see what it was—Duffy then put 2d. on the counter and attempted to go out; the prisoner lifted his hand twice in a threatening attitude with the scissors in it; in the mean time the door came open, and as Duffy went out the prisoner made a blow at him, but whether he struck him or not I cannot say or whether the scissors were in his hand then.
Cross-examined. I saw him just throw out his arm—he lifted his hands in the shop to prevent Duffy from going out; there was a bit of a scuffle, and he made a blow at him.
JAMES FILEY (Policeman R). I took the prisoner; on the road to the station he said "I did it with the scissors, the man would not pay me 3d. for my work, only 2d., and I did see a 2s. piece in his hand—that was in broken English—I asked him how many pairs of scissors he" had, he said "Three."
Cross-examined. There was an interpreter at the police-court.
JOHN TILLEY . I am a surgeon—I found a lacerated wound on Duffy's face from 2 to 3 inches long which had bled a great deal—I arrested the hoemorhage, but it broke out again and I believe he lost a great deal of blood—the point of a sharp pair of scissors would make the wound.
The Prisoner received a good character.
GUILTY of unlawfully wounding — One Months' Imprisonment.
Before Mr. Common Serjeant.
MR. MEAD conducted the Prosecution.
JOHN MICKLEJOHN (Detective Officer). On 30th May, at 5 o'clock p.m., I went to 3, Graham Street, Walworth Road, with Sergeant Roots and Detective Barrett—we went to a backroom on the ground floor; I found it fastened, we burst it open and when we got in we saw the prisoner standing in the middle of the room alone with his shirt sleeves turned up—the front of his shirt and flannel shirt were open, and he was in a state of perspiration—he had a clasp knife in his hand and raised his hand as if he was going to stab me, but I caught his wrist and took the knife from him—I gave him into Roots' custody and examined the room—there was a very strong fire on which was this ladle with metal in a melted state—on the table were these two moulds, and a double mould for sixpences, one of them was so hot that I could scarcely hold it—there were three shillings and two sixpences with the gets not removed, and four shillings and nine sixpences unfinished; they are not milled—there was one good shilling on the table and a complete battery charged for silvering the coins; also a bag of plaister of Paris and some bottles of liquids, pincers, and files—I said "Kelly how do you account for these"—he said "My name is not Kelly, my name is Edward Bryant, I suppose somebody has put me away, I have been very ill lately"—I took him to the station.
Cross-examined by the Prisoner. I did not meet a man named French at the gate with a jug in his hand—I do not know French; I have not supplied him with money to buy these things—I did not hinder your wife from going to subpoena the landlady.
WILLIAM WEBSTER . This is a double mould for shillings and sixpences—here is a bad shilling and a bad 6d. with the gets attached—here are three bad shillings from one mould, and a bad 6d. from a mould which I found on the table, also ten bad sixpences, and six bad shillings from the same moulds—this good shilling has been used for making this mould—the battery, acids, files, plaister of Paris, and wire ladder are all used for coining.
The Prisoner's Statement before the Magistrate:"This room did not belong to me; I was only there there two hours before the police came, so I could not get such things in so short a time; the room belongs to another man.
The Prisoner in his defence repeated the same statement.
GUILTY *— Seven Years' Penal Servitude.
MR. RAVEN conducted the Prosecution.
GUILTY — Twelve Months' Imprisonment.
Before Mr. Baron Huddleston.
MESSRS. MONTAGU WILLIAMS and DOUGLAS METCAFLE conducted the Prosecution.
HENRY BARLOW . I am potman at the Crown Tavern, High Street, Borough—on Sunday evening, 28th May, a little after 10 o'clock the prisoner and deceased were there with some women—a quarrel took place between them, and the prisoner, at my request, went out with some of his companions—the deceased stayed in the house—at closing time, about 10.50, they all left—the prisoner was waiting outside alone; he spoke to the females, and then to his brother—he told his brother if he wanted to take the part of the females he could—they then began to fight—I don't know which began it; they both fell to the ground—neither of them had had much to drink.
MARY ANN WALLIS . I live at 6, Swan Court, Blackman Street, Borough—I was at the Crown public-house on this Sunday evening; the prisoner and his brother were there—the prisoner said something to me about a clean collar and a dirty face, and his brother took my part, and said "Why don't you leave off?"—the prisoner then went outside—the deceased afterwards went out—the prisoner said" Are you going to take their part?"—he said "Yes," and they closed with one another—a crowd came round directly, and I saw no more—I saw no blow struck—I think the prisoner was the worse for drink of the two.
JOHN LOCK (Policeman M 154). I took the prisoner into custody on the Monday night; he was the worse for drink—I told him I should take him on suspicion of causing his brother's death—he said "God blind me, I don't know what you mean"—at the station he said "I can produce witnesses who were there, and who know I did not do it."
CHARLES JAMES SIMMONDS . I am house-surgeon at Guy's Hospital—the deceased was brought there; the prisoner came with him—he was perfectly unconscious—he never rallied, but died in an hour and three quarters after his admission—I made a post-mortem examination—I found a large, bruise behind the left ear, and there was bleeding from the ear—the skull was fractured, and the brain slightly bruised and blood effused—I do not think a blow with the fist would have been sufficient to account for the injury; a heavy fall would be much more likely to do so.
TIMOTHY HURLEY . I live at 4, St. George's Square, Borough—I was in the Crown on this night; I saw the, deceased strike the prisoner and knock him down, he got up and the deceased hit at him again, but missed his blow and fell; I could not see how he fell, it was dark; he was picked up insensible and taken to the hospital; he was sober, the prisoner was not—I had known them about eight months, they were good friends.
HANNAH CRONIN . I live at 8, Swan Court, Southwark—I was in the Crown; the prisoner and deceased came in afterwards—the prisoner said something to Mary Ann Wallis about her, collar being dirty, and the brother took her part—the prisoner went out—I saw nothing outside; a crowd collected.
JEREMIAH LEARY . I am a labourer, and live at 1, Mason's Buildings, Southwark—I was at the Crown on this Sunday evening—when we came outside the deceased went up to the prisoner, struck him and knocked him down—I came in between and tried to part them; they closed together and fell side by side—I picked the deceased up and carried him home first and then to the hospital—he was unconscious.
Prisoner's Defence. I can only say I did not strike him at all, he fell with me in the tustle.
NOT GUILTY .
Before Robert Malcolm Kerr; Esq.
MR. GOODMAN conducted the Prosecution.
JOHN COLLINS (Policeman L R 12). At about 4.30 on the morning of the 30th May, I saw the prisoner carrying a large bundle—I asked him to let me look at it, and he said he sold boots and other things, and then threw the bundle down and ran away—I ran after him, captured him and took him and the bundle to the station.
THOMAS BLENKOW . On the evening of the 29th May when I went away all the windows of the workhouse were properly shut—I found a window open; these articles (produced) were at the stores on the evening of the 29th.
Prisoner's Defence. I found them in West Square.
A previous conviction of Ten Years' Penal Servitude and other convictions were proved against the prisoner— Ten Years' Penal Servitude.
ADJOURNED TO TUESDAY, AUGUST 8TH, 1876.