CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 18TH, 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, September 18th, 1876, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON , M.P., LORD MAYOR of the City of London; The Hon. Sir WILLIAM VENTRIS FIELD, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir NATHANIEL LINDLEY , Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS QUESTED FINNIS, Esq., WILLIAM LAWRENCE , Esq., Sir THOMAS DAKIN , Knt., and Sir ANDREW LUSK , Bart., M.P., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JOHN WHITTAKER ELLIS, Esq., and SIMEON CHARLES HADLEY , Esq., others of the Aldermen of the said City; and Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; 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. ELEVENTH 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, September 18th. 1876.
Before Mr. Recorder.
The following prisoners PLEADED GUILTY:
382. JAMES GRAYSON (60) , to unlawfully publishing a libel upon Edward Laurence Levy — [Pleaded guilty. See original trial image.] To enter into his own recognisance in 100l. to appear and receive judgment when called upon.
383. WILLIAM DAWKINS (42) , to stealing whilst employed under the Post Office two post letters, containing bills of exchange; also to forging and uttering' endorsements to the said bills— [Pleaded guilty. See original trial image.] Eight Years' Penal Servitude.
385. WILLIAM WHITAKER (28) , to feloniously forging and uttering a bill of exchange for 250l., also to stealing 250l. of James. Teed Nutt and another, his masters— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
MR. F.H. LEWIS conducted the Prosecution; MR. STRAIGHT appeared for Hopkins, and MR. WARNER SLEIGH for Stroud.
WILLIAM OSBORN (City Detective 711). On 13th July, I was in company with Kenniston, another officer, watching the prosecutors' premises—about 1.15 I saw Hopkins standing at Mr. Benjamin's shop door—Stroud went up and spoke to him—they both went into the warehouse for about two or three minutes, when Hopkins returned to the door alone, he looked up and down the street, then turned round sideways and Stroud passed him, and came out with a salmon in his right hand; he was carrying it by the head, openly exposed—Hopkins looked after him as he went up the street, and then looked up and down—Stroud crossed the street, bought a mat basket and put the salmon in—he was at that time followed by Kenniston, I was in front—Stroud came towards me and passed me, I went after him and stopped him—I said "Where did you get this salmon from"—he said "Harry Marshall, Stevenson's"—I said "Where?"—he said "Down here"—pointing in the direction from whence he had come—I said "Mr. Steven-son has no premises there, and Harry Marshall has no power to give you salmon"—he said "Come down here"—I said "No, you will go to the
police-station"—he then said "Well, I got it from Tom Hopkins"—I took him to Seething Lane Station, and then fetched Mr. Benjamin who said to him "You have been into my warehouse, I am told"—he said "Yes, sir"—Mr. Benjamin said "You brought that salmon out"—he said "Yes, sir"—he said "How did you get it"—he said "Tom gave it to me"—I accompanied Mr. Benjamin to the warehouse, and there saw Hopkins—Mr. Benjamin said to him "When did you see Pegg's man last"—(Stroud is foreman to Pegg)—he said "Five or six hours ago"—I said "That is wrong Tom, for you let him out here, about a quarter of an hour ago, and he had a salmon"—he said "Oh, he came here to see Dick"—something occurred outside then, and from what Mr. Benjamin said I left the warehouse, and I returned in about quarter of an hour, I said "Tom, Stroud is in custody for stealing a salmon, and I am going to take you into custody for being concerned with him; he says he had the salmon from you"—Hopkins said "All right, let me have a wash"—I then handed him over to another officer, he was taken to the station, the charge was read over to him—he said he knew nothing about it—the salmon weighed 12 3/4 lbs.
Cross-examined by MR. STRAIGHT. I was about 30 yards from the door when I saw Hopkins come and stand at it; I was moving to and fro, it is a large warehouse, not a shop for the display of fish; there is only one entrance to the warehouse, there is a side door leading upstairs to the office—a person called Dick is employed there by Mr. Harris.
Cross-examined by MR. W. SLEIGH. Stroud knew me perfectly well, and knew I was a detective—I found some money in his pocket; I don't know how much, Mr. Pegg said it was his, and it was given up to him with. Stroud's consent—I have known the prisoners about six years—I was employed by Mr. Benjamin to watch this warehouse door—Mr. Pegg gives Stroud a good character—his present employer is Mr. Dearsley, a son of Mr. Dearsley, of the Court of Common Council, who was bail for him—I don't consider that he answered me readily or straightforward; I asked him three times where he got the salmon, before he answered me, and he first said Marshall gave it him, and then Hopkins.
HENRY MARSHALL . I am head salmon warehouseman, to Mr. George Stevenson, of Billingsgate—I did not on 13th July directly or indirectly authorise Stroud to get for me, or on my account or credit, a salmon from Messrs. Myers & Co.—he did not speak to me about it—I never gave him any salmon, or any order for it—I did not see him that morning, I was at home.
Cross-examined by MR. W. SLEIGH. I have known him a good many years—he used to work under me a few years ago—I have not been in the habit of sending to Moss Benjamin's for salmon on my own account—I have not on previous occasions sent there for salmon to give to Stroud—I said at the police-court that I gave him one three years ago—I did not say "I have got salmon from Myers and others to give to Stroud and paid for them"—I said "My master would—not always sell me a single salmon, except at the retail shop"—Stroud had not been assisting me shortly before this, I might have seen him a day or two before—I have asked Mr. Benjamin to let me have three or four salmon, and paid for them before I took them away; perhaps I have done so once or twice a year—I don't believe I sent to him for a salmon on 8th July last, I can't remember, but I am pretty well sure I did not—Mr. Benjamin always refuses to let you have it unless you pay the money first.
MOSS BENJAMIN . I am a fish factor at 80, Lower Thames Street—Hopkins has been in our employ about tea years, his wages were 2l. a week—Osborn made a communication to me and I went back to Hopkins—there is a person calling himself Dick employed by Mr. Harris, a salesman, who has part of my warehouse—it is a very large warehouse, the entrance is nearly as large the Jury box; Mr. Harris does not sell salmon.
Cross-examined by MR. STRAIGHT. Mr. Harris has the back part of the warehouse, he uses it for empty packages—Hopkins was my foreman, there would be two other men in the warehouse with him; they were not there at that time—I superintend the business myself—most of the fish had come in that morning, some of the salmon comes in boxes and some we buy from other salesmen—a record is kept of what is bought—the boxes contain so many, the number is not marked outside, there are invoices telling us how many there are.
Cross-examined by MR. W. SLEIGH. I have known Stroud some time and believed him to be a respectable man—some two years ago Mr. Marshall was in the habit of getting small quantities of fish at our place; he had to obtain my express permission—when he did have it, it was weighed and booked to him—if he had sent for it unknown to me I should not have allowed it—he sent for a salmon on the Saturday previous to this, and I refused t, let him have it; his son came for it—I can't say whether Hopkins was on the premises at that time—we only buy and consign wholesale, we very seldom sell a single salmon—Stroud was very frequently in the habit of coming to our warehouse, when he had to carry fish, or when he came to Dick; there was nothing unusual in his coming.
By THE JURY. I should not have been able to miss the salmon—we have invoices with them, but we send them away again on commission—we are always a lot short.
Stroud received an excellent character.
HOPKINS— GUILTY — Six Months' Imprisonment.
STROUD— GUILTY — Four Months' Imprisonment.
ANDERSON PLEADED GUILTY .
MR. BESLEY conducted the Prosecution.
JOHN WILLIAM PAT . I am mate on board the Libra, a vessel belonging to the General Steam Navigation Company, she was lying by Irongate Wharf in the Thames—on 12th August I saw Anderson come from the hold of the ship, he had something with him—in consequence of that I followed him to Tower Hill—I there saw the two prisoners walking together, conversing for about two minutes—Anderson then went back to the ship and Mack went over the hill—I saw something pass from Anderson to Mack which appeared to me to be braces; Mack placed it in his left hand coat pocket—I followed Mack to the George public-house in Prescott Street—I asked him what he had concealed in his breast—he said "Nothing"—I put my hand towards his pocket and he then pulled out these three pair of braces—I took him to the station—afterwards, on getting to Scotland, I examined the cargo and found a case of braces consigned to Mr. Nicholson, of Glasgow, and there were three empty boxes and one with one pair of braces in it.
charged at the station—he said that he was sitting down on Tower Hill and Anderson came along and pitched the braces into his lap, at the same time he did not know where he got them from.
MACK— GUILTY — Four Months' Imprisonment each.
MR. C. MATHEWS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
GEORGE JAMES WRIGHT . I am a boot and shoemaker of 286, Hackney Road—I have known Mrs. Hagger and her husband for ten years—about two or three months back they came to lodge with me—at that time they had the Green Man public-house in Price's Street, Blackfriars—on 22nd June I received this letter dated 20th June, I cannot swear to the writing.
ELLEN HAGGER . I know the prisoner's writing, I have seen him write—the signature to that letter is his writing, the body of it is also his—the signature to this other document is also his. The letter (which was the alleged libel) was read as follows: "Dear sir,—My wife informs me that she called on you respecting the disreputable things who has taken your apartments. As a married man and have been so to that lady whom you saw for thirty-three years, I feel disgusted to confess that she has not told you a hundredth part of her infamy; with respect to the document her man showed you. I pronounce it a forgery, so well she knows—should you desire to have proof I will pay all your expenses and take you to certain houses where she has committed herself. They were compelled to leave their den of infamy called the Green Man, Price's Street, Blackfriars, in consequence of giving barmen false characters, the truth of which you can ascertain by reading Tuesday's paper, where you will find one convicted and sentenced to twelve months' imprisonment. They were likewise turned from a house in Brick Lane, in consequence of her disgraceful conduct, the truth of which you can ascertain from inquiries in the neighbourhood. Dear sir, should they continue in your house your place would be a scene of riot every day. Yours respectfully, S. Garcia. P.S.—A fellow living with them is a married man who has deserted his wife and lives by defrauding the public") (The document referred to in the letter was signed S. Garcia, and was a withdrawal of all imputations upon the character of the prosecutrix and an undertaking not to molest her in future.)
GEORGE JAMES WRIGHT (continued). I took that letter to refer to Mr. and Mrs. Hagger—shortly before I received it Mrs. Garcia had called upon me—I had some conversation with her several times, I believe she came three times, and on each occasion I had some conversation with her—the Haggers were lodging with me at that time at 152, Bethnal Green Road—since the taking out of the summons I saw the prisoner once or twice; I have not had much conversation with him—after the summons was issued he called to see me—I told him I thought it was rather foolish to have sent a letter to me, especially putting his signature to it, he might have sent it without the signature, and it would have had a better effect—I did not show the letter to him at that time—his reply was that he did not think he had put anything in it to criminate himself in any shape or form, he could satisfy me that what he put in the letter was quite true.
Cross-examined. I know a man named Lamb, he was called as a witness
for the prosecution at the police-court—I did not take him as a lodger, he has stayed there with the Haggers—I believe I saw something in the paper last week, something referring to his being in custody for swindling—I do not know Hodges, I never saw him there—the Haggers occupied three rooms on the first floor—I don't think I was present at any disturbance while they were there—they left because they took a beer-house—they had only been in my house a few days; they were weekly tenants—they went from me to the Nursery Arms in the Ford Road—I should have given them notice to quit if I had been satisfied they were the persons described in the letter.
ELLEN HAGGER (re-examined). In June I was living with my husband and family at 152, Bethnal Green Road, in the house kept by Mr. Wright—my husband is a publican, but in June he was out of business; prior to that he bad kept the Green Man, in Price's Street, Blackfriars Road, I lived there with him—he sold that business and we then moved to 152, Bethnal Green Road—I have known the prisoner five years—he was in the habit of coming to the Green Man—in October last year he assaulted me and I obtained a summons against him and he was bound over; he had been summoned before that, more than once, he was continually creating a disturbance, and in October he signed this document—the Green Man was never a den of infamy to my knowledge—I have never given barmenfalse characters—we were never turned out of a house in Brick Lane in consequence of my disgraceful conduct—we did keep the Turk and Slave in Brick Lane, we sold that honse—there are not, to my knowledge, houses to which the defendant could take anyone where I had committed myself—I was present when Mr. Wright handed the letter to my husband.
Cross-examined. I never gave barmen a character, nor has my husband more than once—my husband is here, he was not examined before the Magistrate—I dont know a barman named Croft—my husband was proprietor and landlord of the Green Man; the licence was not in his name, it was in Mr. Holmes—my husband was the landlord, he paid the rent and taxes and gas—we had a house called the Prince Albert in Cooper's Row—I know Bell the officer, he has not been called over and over again to the Green man on account of the disgraceful scenes going on there—I took part in the business there, if there were any disturbance and my husband could not quiet it, he always sent for a constable—it was not a notoriously bad house—Lamb did not live with us at Mr. Wright's, he—slept there one or two nights—he was called as a witness for us before the Magistrate—I can't say where he is, he may be in custody, I don't know, I have heard of it—he was not in our employment at that time, he was with us at the Green Man and he did not go away directly we left, he had not exactly left us when we were before the Magistrate—I saw him last Friday at our house, he slept there on Thursday—I heard that he was taken in custody on the Friday—I first knew the prisoner at the Prince Albert, he has lent my husband money and he has lent him money, and I have paid it back at times.
AUTHUR WILLIAM HAGGER . I lived with my wife at 152, Bethnal Green Road, in June last as tenant to Mr. Wright—he handed me this letter, the document alluded to in the letter was written by Mr. Lewis and the prisoner signed it—I was in the office at the time it was written—I had not shown it to Mr. Wright before he showed me the letter—it was placed in the cash-box with our business papers—I have had several public-houses—the first licenced house I had the management of was the Prince Albert in Cooper's
Row, I have had many beer-houses previously—I was the paid manager of the Prince Albert, I was accountable for all goods received and sold—Mr. Estall of the Artillery Brewery was the owner—after that I took the Turk and Slave, in Brick Lane, it is now called the Jolly Butchers—it was a fully licenced house, I had the management of it, I was the proprietor, the licence was in my own name—from the Turk and Slave I went to the Green Man, a licenced house, I rented the premises of Mr. Holmes, he had the licence—I paid 30s. a week, or 75l. a year, rent—I afterwards took the Nursery Arms, Old Ford—that licence is not yet transferred, it is virtually mine until the transfer day—I have never shown this document which the prisoner calls a forgery, to Mr. Wright—I was not compelled to leave the Green Man in consequence of giving a false character to barmen—the Green Man was not a den of infamy during the time I was there—I was not turned from a house in Brick Lane in consequence of my wife's disgraceful conduct—I am told Lamb is in custody, he was in my employ at the Green Man, he left my employ a day or two after I left it.
Cross-examined. I have not been to see him since he has been in custody, I saw him last Thursday night—I do not know what he was taken for—I believe he was a witness before the Magistrate, I was not, I was there, but was not called—I have borrowed money of the prisoner and he of me, 2l. or 3l. at a time, he has not paid me the last 3l., that was for money lent last Derby Day—I don't owe him money—I know Monger, the detective, he was a neighbour of mine—I am not aware of his having been sent for on account of misconduct at the Turk and Slave, or of Bell being sent for to the Green Man in consequence of the disgraceful way in which it was conducted—all my houses have been conducted respectably as far as my abilities went—I was fined 5l. at the Turk and Slave; it was a birthday party that my wife gave and we were getting the customers out as quickly as we could; I had an enemy in the neighbourhood and he brought a mob and I got fined by Mr. Hannay or Mr. Bushby for having people in the house after hours.
Re-examined. Mr. Monger was a customer of ours, in fact we looked on him more as a friend than anything else—I don't know Bell—to my knowledge neither of them have been called in to quell any disturbances in my houses.
Witness for the Defence.
ROBERT BELL (Police Sergeant M). I know Mr. Hagger, I knew him when be kept the Green Man—I have had my attention called to the house a number of times; it was conducted in a very disgraceful manner, it was used by a number of coiners and utterers of base coin, several of them have been transported from this Court—the man Lamb has been arrested for obtaining goods by false pretences, and Hagger was concerned with him in obtaining a case of cigars.
Cross-examined. I knew nothing of this case till I came here this morning—I have visited the house on many occasions—I have not called Hag-ger's attention to it—it was a thoroughly misconducted house.
A.W. HAGGER (re-examined). I now keep the Nursery Arms beer-house—I do not carry on any other business—this card (produced) has not my name, it is spelt "Agger"—the address, 152, Bethnal Green Road, is my address; it is a mistake of the printer's—I am not a dealer in works of art—when I am out of business if I see anything I can make a shilling by I may do it.
GUILTY — Six Months' Imprisonment and to find sureties for Twelve Months.
389. GEORGE DENMAN DYSART (26) , Stealing a watch, a ring, a pendant, and chain, and other articles, of Christopher Walton, his master. He PLEADED GUILTY to stealing all but the chain, watch, and pendant.
CHRISTOPHER WALTON . I am a jeweller and goldsmith, of Ludgate Hill—on 24th July the prisoner was in my employment as literary copying clerk nothing to do with the business—to go to the room where he was employed he had to go by the end of the shop and if nobody was there he could run behind the counter and come out again—I kept articles of jewellery left for repair in a box, which Mr. Fisk missed—I do not know the whole of the contents.
WILLIAM FISK . I am manager to Mr. Walton—on 24th July, about 5.45, I saw this box of jewellery safe—the prisoner passed through the shop a quarter of an hour afterwards and I missed it the same evening—he could reach the box as he passed through the lobby—I know nearly all the contents, there was a gold watch, the number of which I know, and there was also an amethyst pendant with the other articles—the watch and pendant have not been found.
Cross-examined by the Prisoner. A boy was discharged for dishonesty, I do not know how many days previously—you gave Mr. Walton a list of the things you had taken——I had not missed some of them.
By THE COURT. I cannot tell you when I last saw the watch and pendant safe in the box, goods were taken in and out every day and delivered to people who came for them—the prisoner left on 24th July; I cannot say. whether I had seen the watch and pendant safe five days or ten days before that.
Re-examined. I should have missed the watch if it had been absent and I did not miss it, I had certainly seen it within a fortnight—some of the articles had been there thirty years—I found the box next morning in the back cellar—the prisoner went upstairs in a minute or two, came down, and said "Can I post a letter, sir?"—I said "If it is for Mr. Walton"—he said "No, for myself"—I said "Certainly," and he never returned; that was three minutes after be came down—he could empty the contents into his pocket and throw the box into the back cellar.
WILLIAM POTTS (City Policeman 497). I met the prisoner on 2nd August, and asked him if his name was George Denman Dysart, he said "No"—I told him I was a detective officer and should take him in charge for robbing his employer, Mr. Walton, of Ludgate Hill—he asked if I had got a list of the property stolen, I said "Yes," and showed him the list, and he made a tick to those he had taken and a cross to those he did not take, and among the crosses was the watch, the chain, and the pendant—he said that he had not taken them, and if he had a little time he would collect his thoughts together and give the prosecutor every information, and that he should like to see me at Newgate—he asked me to furnish him with a 'list of the books and everything the prosecutor had missed—he said that he had put the articles in his pocket and pawned them, but knew nothing about the watch and chain—the watch and chain being in a case would be of large bulk.
CHRISTOPHER WALTON (re-examined). The boy was discharged on 3rd or 4th July—this letter is in the prisoner's writing—I received it from him. (This stated that he was guilty of stealing the other articles as he often found himself without a dinner, but that he could not give any information about the watch and chain if they were in the box, unless they fell out of his pocket.
NOT GUILTY of stealing the watch, chain and pendant. He was further charged with a previous conviction at Maidstone, in 1874, to which he
PLEADED GUILTY— Eighteen Months' Imprisonment.
NEW COURT.—Monday, September 18th, 1876.
Before Mr. Common Serjeant.
390. GEORGE BLAKE (67), PLEADED GUILTY to unlawfully having counterfeit coin in his possession with intent to utter it, having been previously convicted of feloniously uttering and sentenced to seven years' penal servitude— Eight Years' Penal Servitude.
391. JOHN UTBER BURT(36,) to feloniously forging a bill of exchange for 48l. with intent to defraud. He received a good character— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment. And
392. GEORGE BROWN (16), JOSEPH GOFFEE* (18), and WILLIAM JORDAN** (18), to burglariously breaking and entering the dwelling-house of Charles Skinner, and stealing therein a coat and other articles, his property; Jordan having been before convicted— [Pleaded guilty. See original trial image.] Brown and Goffer Four Months' Imprisonment each. Jordon Seven Years' Penal Servitude.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
CECILIA WORLEY . My husband keeps the' Crown and Anchor, Cross Street, Islington—on 5th September I served the prisoner with half-pint of stout—he laid a shilling on the counter—I did not like the look of it, and threw it into the farthings, in the till where there was no other silver—I gave him 6d. and 4 1/2 d., he drank the beer and left—as he went out my husband came in—I showed him the shilling, he found it was bad, marked it and laid it on the shelf by itself—it was afterwards given to the policeman—the prisoner came again next day and tendered a good shilling—I said to my husband, "This is the man who gave me the bad shilling yesterday"—the prisoner said that he was not there, but afterwards he said that he was—I reminded him of a conversation we had, and he said "Yes"—I sent for a policeman, and the prisoner tried to escape at the back, but the policeman prevented him—the shilling was handed to the policeman.
JOHN CLEGG (Policeman N 486). The prisoner was given into my custody; he attempted to escape at the back door, but I prevented him—I found on him at the station four bad florins, separately wrapped in blue paper, but no other money—he at first denied being in the house, but afterwards admitted it.
Prisoner's Defence. The florins were put into my pocket at. the police-station. '
GUILTY —He was further charged with having been convicted of felony in September, 1875, to which he
PLEADED GUILTY— Five Years' Penal Servitude.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution; and MR. W. SLEIGH the Defence.
ALICE GAMMAGE . I am barmaid at the Walford Arms, Stoke Newington Road—on September 7th, about 6.30 I served the prisoner with a half-pint of four-half and 1d. worth of gin, which came to 2d.—he put 3s. on the
counter, pushed one towards me and said "I thought I had a sixpence"—I took the shilling he pushed towards me, put it in the till and gave him the change—there was only a sixpence and some coppers in the till—he sat down and drank the beer—my brother spoke to me, I took the shilling out of the till, and my brother went after the prisoner—I had taken no shilling in the mean time.
Cross-examined. I gave him the change and then he sat down and drank the beer as if there was nothing wrong.
CHARLES GAMMAGE . I manage the Walford Arms—on 7th September I saw the prisoner leaving the bar—I spoke to my sister, and in consequence of what she said I looked in the till and found a bad shilling and a few coppers, no other silver—I went after the prisoner and found him standing in the street next door—I showed him the shilling and said "Do you know anything about this?" and he said "No, nothing"—I proceeded to take him to the station, and had my left hand on his right arm—he took a coin out of his waistcoat pocket at the corner of Gordon Road and put it into his mouth—I am not sure whether it was a shilling or a florin—I struggled with him and caught him by the throat and tried to get it from him—he fell, I left go of him and some person picked him up—on the way to the station he put another coin in his mouth—I asked him what he was doing, he said "Nothing, there is no occasion to swallow this". putting a good half a crown out between his teeth—I afterwards saw it, and it was good, there was blood on it.
Cross-examined. Nearly 6l. was found on him at the station and every piece was good—he made no resistance—I took him by the throat when he put something to his mouth and tried to press his throat so that he could not swallow, but he did swallow it, because it was not in his mouth when he got up and it was not on the ground—I cannot swear that he did not put the first piece between his teeth to try it—I got him by the throat I did not hold him down on the ground with my other hand—he had one hand in a sling—I did not put my band to his throat when he had the second coin in his mouth—I saw him in the house, there was one person in the bar besides him—I had cleared the till ten minutes before.
Re-examined. No coin was taken from the time he gave it to the time he went out—I lost my hold of him when he fell but he did not get out of my grasp.
HENRY WATKINS (Policeman N 308). On 7th September, I took the prisoner to the Stoke Newington station and asked him if he knew anything of the bad shilling, he said "No"—I found on him five sovereigns, ten shillings, a half-crown, four sixpences, and six pence all good—Gammage put down this shilling and I took it up—the prisoner put this half-crown there was blood on it—his mouth was bleeding but I did not look at his throat—he gave me his name but not his address.
NOT GUILTY .
OLD COURT.—Tuesday, September 19th, 1876.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution.
Gardeus—on Friday, 21st July, about 1.15 a.m., the prisoner said she meant to pay me for tearing her cloak—I said "I did not tear your cloak," and laughed—she said a second time "I mean to pay you"—I said she was not able, and walked away—she said "What do you say?" and immediately stabbed me in the eye with a penknife; I felt a very sharp pain in the eye, and I felt that I was blind directly—I saw the prisoner put her hand in her pocket and take out the penknife; it was open—after striking me, she said "Now take it out of me!"—I held her two hands for nearly ten minutes, till a policeman came up—my eye bled very much—they said at the station it was only a slight cut, but when I wiped my eye, some of the eye-ball came out on my handkerchief—I was taken to the hospital; I have not been able to see out of that eye since, and the other eye is affected—I can't say how long I was in the hospital—I discharged myself on account of my mother being without a home—I went before the Magistrate the morning after I came out of the hospital.
Cross-examined by the Prisoner. I did not tear your jacket or cut your nose—about twelve months ago I was sent to a home for a similar offence that you are now charged with—I ran away from the home; I was not there five minutes—my husband begged me not to go in, and I went away on that account—I have not threatened you, or said I would do ten years for you.
FREDERICK JOHN HEMSLEY , M.D. and M.R.C.S. at Kensington. On the morning of 21st July, I was called to Vine Street station, and examined the prosecutrix—I found an incised wound in the eye-ball and a cut over the forehead—the cut across the eye-ball was about one-eighth of an inch in extent—some sharp instrument must have been used, a penknife would do it—the wound has subsequently healed, but the sight has gone—the other eye is suffering from sympathy, but I think it is rather better than when I last saw her"; the danger would be from inflammation.
CHARLES SHEPPARD (Policeman C). I was on duty at Vine Street station when the prisoner was brought in—I took the charge against her—after Mr. Hemsley had seen the prosecutrix, I went to the prisoner and said "Hawkins, the doctor says the girl will lose the sight of her eye, and I am going to send her to St. George's Hospital"—she said "I am b——glad to hear it; I hope I shall live to see her stone blind, walking about the streets of London with a dog leading her"—she had had a little drink, but was not drank by any means.
GEORGE PAGE (Policeman C 214). The prisoner was given into my charge by the prosecutrix for striking her in the eye, she was bleeding very much from the eye—the prisoner said she was sorry she did not give her worse.
Cross-examined. She said nothing about a knife at that time—she simply charged you with striking her—no knife was found on her.
Prisoner's Defence. She cut my nose and tore my jacket in the morning. I forgave her that; at night, when I met her, she commenced to quarrel again; she called me names and struck me; I struck her, I admit; I had some flowers in my hand bound round with sticks and wood and wire, but I had nothing else in my hand.
DR. HEMSLEY (re-examined). I do not think this injury could have been done in that way——I think a sharp instrument must have been used, there was a sharp cut in the eye.
GUILTY **— Five Years' Penal Servitude.
MR. LILLET conducted the Prosecution.
AARON BARLTROP . I am a farrier—on 9th August, I lived at Hodden's lodging-house, in Pimlico Road—between 3 and 4 o'clock that afternoon I was taking my tea—the prisoner was lodging there at the time, and was sitting in the kitchen at a table opposite me—he jumped up and began handling me very violently—I thought he was joking at first—he thrust his knuckles into my throat, it caused me very great pain, and made me cry excessively—I said "I never said a word to you"—he seized me by the throat, and kept doing so ten or twenty different times—he then pushed his hand down the side of my trousers, and said he would have my money—he felt some money—he then dragged me by the collar into the back kitchen; he then thrust his hand down again, and pulled the pocket of my trousers out with violence—this is the pocket—he then went into the kitchen, and said "I have got his money, and now I will go and spend it; I believe he has got more, and I will have that"—he gave me the pocket—I took it from him because I was apprehensive of further violence; I went to the station and gave information, and he was taken (into custody—there was 3 1/2 d. in the pocket—I had a little money in my other pocket, but he did not find that.
JOSEPH WHITE . On 9th August, I was living at Hodden's lodging house—I saw the prisoner catch hold of the prosecutor by the collar of his coat and drag him into the back kitchen—I did not see the money taken; he was not dragged out with violence, he walked (fat quietly—the prisoner said "Come in here"—I thought he was larking or I would have tried to stop it—he did not appear to be drunk.
Prisoner's Defence. It is decidedly untrue as to my using any violence—he is in the habit of going about the streets almost in a state of mania, saying that he has been robbed of hundreds of pounds and gets his living by extorting money from benevolent persons.
AARON BARLTROP (re-examined). I have been ill a long time from debility of the system; I am entitled to some property and my solicitor advances me money when I want it; I am not able to do any heavy work.
GUILTY — Two Months' Imprisonment.
MR. FRITH conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
THOMAS JAMES SMITH . I am a carman, and live at 1, Queen's Place, Whitechapel—on the night of 13th August, about 11.40 I went into a urinal in High Street, Whitechapel—two men came in, a short man on my left and the prisoner on my right—the other one seized me violently by the throat, and the prisoner took my purse out of my pocket and away they went—I saw the prisoner's features by the light of the lamp that stood in the centre of the place; I am positive he is the man—I gave a description of him to two policemen—on 1st September, I went to the station and picked out the prisoner from a number of others.
Cross-examined. I had never seen the man before to my knowledge—I could not describe the other man; I never saw his features—I distinctly saw the prisoner's.
JOSEPH MARRIOTT (Detective). In consequence of a description I received from the prosecutor, I arrested the prisoner on 31st August—I charged him with robbing the prosecutor on 13th August—he made no reply at first—when the charge was read over to him he said "I know nothing of it"—he was placed with fourteen others, and the prisoner directly went in and put his hand on his shoulder, and said "That is the man."
NOT GUILTY .
DANCE PLEADED GUILTY .
MESSRS. STRAIGHT conducted the Prosecution; MR. FRITH appeared, for Williams, and MR. WARNER SLEIGH for Barker.
FREDERICK DOWNES (City Detective). I was engaged with Marony, another officer, to watch the premises of Mr. Bumpus, 13 and 14, Milk Street—on Friday, 18th August, about 1 o'clock, I was in Milk Street, opposite the warehouse—Dance was employed there—I saw Williams and Barker, and a man named Toby waiting at the end of Clements Court, opposite the ware-house—Dance came from No. 13 and 14, and the two prisoners and Toby crossed the road, and they had a conversation together for a minute or two—Dance then went back to the warehouse alone, followed shortly afterwards by Toby—Williams and Barker remained outside, in about five minutes Dance came out followed by Toby, who appeared to be very bulky in the chest—they went down Aldermanbury together, till they came to Fountain Court—they simply looked in the direction of Williams and Barker, and passed on—Toby left Dance and went through. Fountain Court along Basinghall Street, and they met again in Milton Street—about halfway down Milton Street, Toby turned round, looked in our direction and ran away through a court; I have never seen him since—I followed Dance to his lodging, 6, Lambs Passage, Chiswell Street—he went round White-cross Street, and met us—we went up and searched his room and found some pieces of linen, not any of these pieces of lawn—I took him back to the warehouse, about 2.30 I found Williams and Barker standing in the passage—Barker had got this piece of canvas over his arm—Dance said "Those are the two men I spoke to you about"—Williams said "We don't know you, we have just run in here out of the wet"—it was not raining and had not been for sometime—I took the three prisoners up into the warehouse and waited until Mr. Bumpus came, in half or three quarters of an hour, and Dance said in their presence "I will tell you all about it"—he stated it first in private to me and Mr. Bumpus; I said it reflected upon the other two, and they must come in and hear it, and they did come in and Dance in their presence made this statement to Mr. Bumpus, which I took down. (Read: "About a week after coming to you I met these two men, and two men not in custody, in the City Road; they asked me where I was working, I told them that I was working in Milk Street, and that I sometimes had the keys of the place; they said 'You ought to let me have samples of those keys." I said 'Who is they," he pointed to the two prisoners and continued: "I said I don't know about that; they said well, can you get us any stuff; he said you can come up and see; the four of them came, and I gave them a quantity of stuff; they came the next day,
and I gave them some more; they came another day and I gave them some more, and that was all the transactions that I had with Williams up to the present, but Barker and the other two men have been a number of times, and I have given them stuff on each occasion. Last Wednesday Barker came up and I gave him a quantity of muslins; I had nothing for the first transaction.") I forget the sums he mentioned as having received afterwards—he said "On Wednesday night I met Barker at Islington, and I waited outside a street near Albert Terrace, and he brought me 12s."—Mr. Bumpus said "How did they know I was not at home"—Dance said "I used to write on a piece of paper like this 'Come up and take,' and take it down to them, and that signified that Mr. Bumpus was out"—he said "I don't remember that I have got anything more to say now"—I then said to Barker "You have heard what he has said with regard to you"—Barker laughed and said it was all wrong—I then said to Williams "You have heard what he has said with regard to you"—Williams said "Yes, let me ask him a question. Did I ever take any stuff?"—Dance said "No, but you used to come up with Barker, and he used to take it and you bad a share of the money"—he said "Coming up and having share of the money is nothing; did I ever-take any stuff?"—Dance said "No"—we then took them to the station; nothing was found on them; they gave addresses, but I could learn nothing of them there.
Cross-examined by MR. FRITH. It had been raining before 1 o'clock, the ground was quite wet, but at the time I saw the prisoners standing in the passage there was no rain that I noticed—I did not state before the Magistrate that I had ascertained Dance had been discharged from his last situation and had associated with bad characters—I found a quantity of brass in his room which had been stolen.
Cross-examined by MR. W. SLEIGH. Barker listened very unconcernedly to what Dance stated; he laughed and said it was wrong.
JOHN BUMPUS . I am an agent and Manchester warehouseman, at 13 and 14, Milk Street—Dance had been in my employ about a month, at 15s. a week—his duty were to take out goods and open bales on arriving—I was examined at the Mansion House on Saturday, 19th August—about a fortnight before that I missed two parcels of Victoria lawn, value 3l. 5s.—on the 18th, on coming back to the warehouse, I found Dance and the other two prisoners there—I took down a statement which Dance made to me in my counting-house, I have it here, it was afterwards repeated in the presence of the other prisoners. (This was the same in substance as stated by the last witness.) I have gone through my stock and have missed roll linings, muslins, and other goods.
Cross-examined by MR. FRITH. I believe these robberies had been going on ever since Dance came to me, his own statement to me is so—he was in the custody of the detective when he made this statement.
JOSEPH DANCE (the prisoner). I was seventeen last January—I was about a month in the prosecutor's service, I am guilty of stealing his property—when I was working at a Mr. Barnard's I was with a young chap named Allen and he used to pick up anything he saw lying about the warehouse; he let me have the bundle of brass things that were found in my room—I came to know the two prisoners about a fortnight after I was in Mr. Bumpus' service—I was not introduced to them, I found them myself, in the City Road, I was asking for a young chap I knew, I did not know his name—I asked Barker whether he had seen a young chap called Curly Jem; he said
no, he did not know him; he went to some other parties and came back and said the person I was looking for was not there; I believe Toby was there at the time, but I am not certain, nothing else took place with Barker then—I think I saw him next morning in Wood Street, alone; I think I spoke to him first, I asked how he was getting on and he asked me where I was working, I told him at Mr. Bumpus'in Milk Street—he asked if there was any chance of doing anything there; I said I did not know but I would see, when the governor was out of the way, I had the keys of the place sometimes—he asked whether I could not let him have the keys; I said I did not know—he said again "Is there any chance of doing anything there?"—I said "Come and see"—he went with me to Sterne and Evans' where I took a parcel—he said "If you ever see anything lying about in the warehouses where you are going, you ought to put it under your coat"—I told him he had better go there himself and take the goods, he said no, he did not think that—he then came along with me to our warehouse, there were two bales from Manchester in the passage, Mr. Bumpus told me to open them, I did so, and Barker said "If you leave one bale there for an hour I can get a truck and take it away—I said "No, I shan't stand to that;" I went up into the warehouse with two parcels, and when I came back I found two parcels gone, containing ten pieces of Victoria lawn, and Barker was also gone—I saw him again about 3 o'clock the same afternoon, he was with a party of his pals where I had found him the night before, at the Britannia, in the City Road—Toby was not with him, nor Williams—Barker came to me and said "They are no good, if I come down can you give me anything better?"—I said "You must come and see"—he went away and came back with Williams and Toby and another chap they call Sweet Stuff——we went and had a pot of four-half; we remained talking at the bar for about ten minutes, Williams was talking about something one of his pals had taken that morning; it had nothing to do with the Victoria lawn—we then all came down to the warehouse together—I went up to my work, Mr. Ellis was there, I asked him to go away for half an hour—the other four were outside waiting; they separated, one was opposite the Swan with Two Necks, one in Clement's Street, and the other two were just at the bottom of the warehouse—I had told them to wait there because they had asked me if there was any more stuff, and I said I would see—I remained in the warehouse till Mr. Ellis went out; I found some cambrics and put them against the door, I looked out of the window, Williams and Toby were there—I called them, Toby came up first and Williams followed, I told him to go down, which he did, and the stuff was taken—I saw Barker the same night, he had told me to meet him by the Britannia Music Hall—he said he had not sold them yet—I think he came the same day—I told him he should not have any more till he gave me some money, and he gave me 4s.—on 18th August I saw him in St. Paul's Churchyard, he had told me the day before that he would come—he was in company with Toby every time I saw him—when I came out of the warehouse Williams and Toby were opposite—Williams had not been with Barker for a week before that.
Cross-examined by MR. W. SLEIGH. I had been in the service of Mr. Barnard of Playhouse Yard, White Cross Street, before this—I left because I was suspected of taking some statements, I did not do it—Curly Jim worked there when I was working with Allen, he was one of his pals—I went to see Curly Jim when I was working for Mr. Bumpus because
I thought I was going to do something for myself with him, I mean, taking some of Mr. Bumpus' property—I had not done anything with Curly Jim before then, I knew he was a convicted thief—I went to seek for him as an accomplice in my thefts.
NOT GUILTY .
DANCE PLEADED GUILTY .
MR. STRAIGHT conducted the Prosecution.
JOSEPH DANCE (the Prisoner). About a fortnight before I was taken into custody I met Williams and Barker—it was the day after the two parcels were taken out of the bale—Barker was downstairs on the look out—Williams and Toby came up the stairs—Toby had the bundles of cambric; Williams went away with them—I saw Williams the same night at the Britannia with Barker, Toby, and Sweet Stuff—Barker said they had the money and spent it—I saw Williams the next night and asked him for what was due to me, the same as the rest—he said he had nothing to do with the money whatever.
Cross-examined by MR. FRITH. I did not give Williams. any of the muslin; he came up to take it, but I sent him down—I think I saw him at our place about three times, he came with the others, he did not come up to the warehouse, he was outside—I have not been told by the detective that it would be a good thing for me to give evidence against the others; I will not pledge my oath that he did not.
BARKER— NOT GUILTY .
WILLIAMS— GUILTY .
He also PLEADED GUILTY** to a former conviction at Guildhall police-court, in December, 1873— Eighteen Months' Imprisonment.
DANCE— Nine Months' Imprisonment.
MR. H. GIFFARD conducted the Prosecution.
JOHN BLUES . I am a clerk, and live at 365, East India Road—on the afternoon of 21st August, about 2.30, I was in a crowd on Tower Hill—I felt a pressure on my right side and saw Smith there—I put my hand into my pocket and missed about 8s., which I had seen safe a short time before—I went over the road after Smith, collared him, and said "You have stolen my money out of my pocket"—he said "I have not your money, don't give me into custody, feel my pockets"—I gave him into custody—I saw Cain at my right side before I ran after Smith.
WILLIAM INWARD (City Detective). On the afternoon of the 21st August I saw the three prisoners together on Tower Hill, pushing in against a crowd where a man was selling rings—I watched them for a quarter of an hour—I saw Smith place himself by the side of several gentlemen, covered by the other prisoners—Cain was on the right of the gentlemen, pushing against them, and Heenan closed up behind to cover what Smith was doing—after, repeating that to several persons they went to the prosecutor—Smith placed himself on his right side, Cain on his left, and Heenan was pushing against
him behind—I saw Smith put his right hand under his left elbow to the prosecutor's pocket, it appeared that the prosecutor noticed him and he dropped his hand and turned round and pushed past Heenan and went out of the crowd—almost directly afterwards the prosecutor came out of the crowd and went towards Smith; Heenan and Cain followed him, and just by the door of the George public-house the prosecutor accused Smith of stealing his money—a uniform constable took him into custody—Heenan and Cain went into the George, and as they came out I and another constable took them—I searched them at the station; on Cain I found 2s. 6d. and on Heenan 5s. 6d. in silver, I found nothing on Smith—they said they knew nothing about it.
JOHN JONES (City Detective). I was on Tower Hill with Inward and saw the prisoners together, pushing about in the crowd—I saw Smith place himself on the right of the prosecutor and put his hand into his pocket—Heenan was close behind, and Cain on his left—I saw him take something out of the prosecutor's pocket and put his hand down as though he passed it to the other prisoners, one after the other—Smith then walked away, followed by the prosecutor—I and Inward followed them—Smith was given into custody to a metropolitan constable, and we apprehended the other two—Cain said "I have done nothing, I am quite innocent."
Cain also PLEADED GUILTY to a previous conviction, in September, 1874, and several previous convictions were proved against Heenan.
HEENAN— Seven Years' Penal Servitude.
CAIN— Eighteen Months' Imprisonment.
SMITH— Nine Months' Imprisonment.
401. JAMES MOORE (20), PLEADED GUILTY to three indictments for forging and uttering orders for the payment of money— Eighteen Months' Imprisonment. GEORGE HAYWARD (18) , was charged with Moore on one of the indictments, but no evidence being offered against him he was acquitted. And
MR. BESLEY conducted the Prosecution.
ALFRED GEE . I cany on business with Mr. Castra, at Stourbridge, Staffordshire—on 7th February I entered into this agreement with the prisoner. (By this agreement the witness undertook to carry on the business formerly the prisoner's, paying him as manager, 3l. a week.) Mr. Ching was employed by the firm as our London agent at 85, London Wall—some sums received by the prisoner were to be sent direct to us, and some to Mr. Ching—if cheques were received to his order as "Henry & Co.," the name in which the business was carried on, it would be necessary for him to endorse them—he used to send to us what few cheques there were—he had no authority to withhold any cheques or monies—his 3l. a week was allowed in each week's sheet; I have the sheets here—we were not in arrear in paying him—he has never paid to me 1l. 9s. 7 1/2 d. received from Mr. Cole on 13th June, or a cheque for 21l. from Mr. Howe on 8th July, or 3l. 14s. 6d. on 11th July from Mr. Chafis—I was not aware that he had received them until he was in custody.
Cross-examined by the Prisoner. You were constantly receiving cash; it
was your duty to account for it every week—you had to pay various accounts out of the money you received and to carry forward the balance, if any, but everything was to be included in the weekly account.
SAMUEL CHING . To the best of my belief the endorsement on this cheque of Mr. Chafis' is in the handwriting of the prisoner—he has never accounted to me for that cheque, or for the 21l. cheque of Mr. Howe, or for 1l. 9s. 7 1/2 d. from Mr. Cole—I have the sheets of those particular weeks, and they are not included in them—I have had no communication with himiu respect of those three sum:, he did not attend, according to his agreement, to furnish the sheets, and that was the cause of the investigation taking place.
Cross-examined. I drew 1l. 10s. of you to pay some small accounts, which I have receipts for—I can't remember that the cheque for 3l. 14s. 6d. was part of it—there was also 10l. on account for some glass that was used in. the business—you have not lent me money on a Saturday night to go home with—your wife did not lend me 30s.
Re-examined. The books are in Court—I have gone through the sheets up to the end of July, which was the last time they were furnished—I have made out a list of the sums not accounted for, and there are thirty-two cases, amounting to 142l. 9s. 4d. not any of which have been paid to me—I—know they have been received, by the receipts that have been produced.
ALFRED GEE (re-examined). Assuming that the prisoner has put down everything received and expended, the balance against him would not be above 1l. or 8l. on the sheets alone; that is giving him credit for the 3l. a week—I have not received any of the monies in the list of thirty-two cases, and as to the 21l. he promised me that when I was last in London, he said he had not received it, but would go and get it and meet me in the morning at Paddington, but he never came.
PHILIP SHRIVES (Detective). I took the prisoner into custody—I told him he would be charged with embezzling 19l. which he had received from the Cafe Nicol in Regent Street—he said he had received a part of it, that he had spent and part of it he had paid over—I found 3l. odd on him.
Prisoners' Defence. I cannot say anything, all ray papers are in their possession—I have spent a great deal of money for goods purchased that I have not been able to account for.I have tried all I could to make it a large business, but the expences have been very great; they are well aware that what they have charged me with is not embezzlement.
NOT GUILTY .
There was another indictment against the prisoner, for which see Fourth Court, Thursday.
NEW COURT—Tuesday, September 19th, 1876.
Before Mr. Common Serjeant.
404. CHARLES SUTTON (18), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Angelina Barnard, with intent, to steal, having been before convicted— Seven Years' Penal Servitude.
405. BARTHOLOMEW CONNOR (17) , to feloniously receiving certain goods burglariously stolen by the said Charles Sutton from the dwelling-house of Mary Ann Wills— [Pleaded guilty. See original trial image.] One Month's Imprisonment.
406. WILLIAM TRUSS WELL (21) , to three indictments for forging and uttering requests for the payment of 5l., 7l., and 5l., with intent to defraud— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment. And
ABBOTT*— Eighteen Months' Imprisonment.
CASTON— Six Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution; and MR. COLE the Defence.
ELIZABETH POULTER . I live at Shepperton—on 4th September, about 9.15 p.m., I was going home, and saw three men near Doomsday Stile—the prisoner was one of them, he had a straw hat, the others had black hats—I went over the stile into the meadow, and when I had gone about 200 yards the prisoner passed me about 4 yards, and then turned round and hit me a blow on my forehead with his fist, and I fell on my back—I struggled to get up, but he took a stick from my little grandson and commenced beating me over my head and arms—I was knocked down again twice, and was very much hurt, you can see the bruises now—I screamed "Murder!" and put up my arms to save my head, and received the blows on my arms—I begged him to leave me alone—I got up in a stooping position, and he struck me a blow on the back of my head and knocked me down again—I lost my senses, and when I recovered, I went to the Cricketers—I found the stick and gave it to my little boy—it was a large withy stick—I had a basket with a candle in it, and a clasp-knife and 9s. 1 1/2 d.—a coachman found the basket next morning, but I have never seen the money or the knife since—a doctor attended me till last Saturday, he is not here—this was on a Monday night, and on the Wednesday I was sent for to the station and saw ten men standing together—the prisoner is one of them, and I identified him as the man who robbed me, he was wearing a straw hat—my grandson was with me all the time—there are several gaps in the fence which runs by the pathway in the field.
Cross-examined. I started about 6 o'clock, and went to the fields to get some mushrooms—I then went to the shops, which are about a mile from the bridge, they were closed, and I met a friend or two and we stood talk—Ing—I met Sherwood, the carrier's wife, and walked with her—I went into the Cricketer's public-house—I have been in Chertsey all my life, and am well known there—they call me Old Mother Doggett—we live at Doggett—I have a large family, and have brought them up—I do not know that I am known there as a person of ill-fame—I am a prudent married woman—I do not know what people say, but I have been very much respected—I stopped at the Cricketers about ten minutes—I did not drink there, I went in for a candle, and had to wait while the landlord's little boy fetched one—I also went into Crispin Payne's house, I have know him for years; I had nothing to drink there, but I had a glass of ale at Mr. Tulford's—I left Payne's about 8.30—I did not go down the steps of Chertsey Bridge with Blisset, a labourer; and I do not remember going down the steps—I believe I went down the middle of the road—I said before the Magistrate that I saw Blisset that evening, I could not recollect where—I saw no one near
the stile but the three men—we were about three or four minutes going the 200 yards from the stile, we walked very gently—I do not know how many policeman took me into the station yard on Wednesday—my basket was returned to me the next morning.
FRANK POULTER . I live with ray grandmother—I went over the stile with her into the meadow about 9.15—she picked up a stick as thick as my wrist on the way and gave it to me—the prisoner and two other men were at the stile, the prisoner was wearing a dirty straw hat; he came up to us about 200 yards from the stile and knocked Granny down and I then struck him three blows with the stick, he took it from me and thrashed my grandmother—she was knocked down three or four times—he struck her on the head and on the wrist and back, she cried out and I ran away to find someone, leaving her on the ground—I saw the prisoner kick her—I did not see a man named Blissest, no man of that name spoke to her.
Cross-examined. She was attacked about four minutes after we left the stile—I was before the Magistrate the second time she was examined and heard her say that we had gone about 200 yards across the meadow—I hit the prisoner on the head several times with the stick as hard as I could.
JAMES WICKS . I am a mason's labourer—on 4th September I was with the prisoner, we went over Cherstsey Bridge, and as far as Doomsday Stile, it was then a little after 9 o'clock—he had had a little drop too much drink, he was wearing a straw hat—I had a black hat and so had Sanders who was with us—I saw the old lady and her grandchild go over the stile into the meadow—a man named Tickner went over the stile before them and went down the Shepperton Road, and in two or three minutes I started the prisoner down the road towards Shepperton—that road runs in a line with the footpath in the meadow, but it widens a little from it—I do not know whether there are any gaps in the hedge—I then went back with the other man over Chertsey Bridge.
Cross-examined. I have known the prisoner eleven or twelve years—he is a shoemaker and bears a very excellent character—I have heard that a great number of respectable people have raised a subscription to defend him—the prosecutrix is well-known in the neighbourhood as Old Mother Dockett—I was about quarter of an hour at the stile chatting with Sanders and the prisoner, and we persuaded the prisoner to go home because he was drunk—he had some leather with him and I put it inside his trousers and buckled it round for him so that he could not lose it—Sanders is not here—I saw the woman and the boy at the foot of the bridge before they came to the stile—it was getting dark, but the moon was just rising—it was dark at the ime she passed the stile—I stopped about a minute after I persuaded the prisoner to go home—we walked quick across the bridge—it is lonely and open there.
ROBERT ALLISON (Police Sergeant). I am stationed at Staines—I received information and went to the prosecutrix's house, and from what she said Pook and I took the prisoner on Wednesday morning at 5.45—I told him I should take him in custody for violently assaulting Mrs. Poulter and taking from her 9s. 1 1/2 d. and a pocket knife—he made no reply at first, and then he said "I never saw any woman that night, I was in company with Sanders and Wicks and parted with them at the bridge"—I took him to the station—he was placed with ten other men in working clothes, eight of whom, besides himself, had. straw hats on, and directly Mrs. Poulter saw him she identified him—he said that she was mistaken—she said that she was not,
she was quite confident he was the man—he said that he had parted with Sanders at the stile, but did not say where he went—I went with Mrs. Poulter and her grandson to the place where the assault was committed and measured the distance from the stile to that spot; it was 190 yards and the footpath at that point is 13 yards from the road—there is a quick fence with gaps at certain parts by which anybody could readily get into the meadow—Mrs. Poulter's head was very much swollen and she complained of being bruised on her back and her head.
Cross-examined. After a certain distance, the further you get on the highway the further you get from the foothpath which verges towards the Thames—the people I placed in the yard were from the neighbourhood and the prisoner was at the left centre of them—another sergeant and another constable were with me—I did not know the prosecutrix before.
E. POULTER (re-examined). The knife and money were in my hands.
The Prisoner received a good character.
NOT GUILTY .
MR. BRINDLEY offered no evidence.
NOT GUILTY .
MR. DIXON conducted the Prosecution.
LABAN LOVELL (City Policeman 714). On Saturday night, 19th August, I was in the George, Trinity Square, and tendered a sovereign for something I had—the landlord dropped it and it went into another compartment which I could not see into—I afterwards found a bonnet in that compartment—the landlord told me something and I went into the other compartment and spoke to a woman who was there—I received information and went to 11, Dales Place, Fleur-de-Lys Street, the same morning, knocked at the door, and a man opened it—I said "Is your wife at home?"—he said "No"—I watched till 2.30 a.m., when the prisoner came up the court—I said "Do you live here?"—she said "No, sir"—I said "What brings you here then?"—she said "I am going to the w.c."—I said "How do you know there is one here?"—she said "I have been many a time before"—I said "Where do you live?"—she said "12, George Yard"—I turned to the man who had opened the door and said "Do you known this woman?"—he said "No"—a constable then came up and said, in her presence "This is the woman that wears that shawl"—I said "Take her in charge"—going to the station she strongly denied being the person—the other woman said "This is the woman that picked up your sovereign, but don't say that I said so, or else I shall get killed—the prisoner said nothing then, but at the station she said, "I did not steal the man's sovereign, I only stooped down, I did not pick up anything."
JOHN TUCKER . I keep the George in Trinity Square—on 19th August, about 12.15 in the night, I saw Lovell hand a sovereign to my wife, it slipped from her hand on the counter and rolled on the ground on the other side where the prisoner and her companion were sitting—they were the only persons in the compartment, and the prisoner said "I will pick it up, Missus, don't you trouble;" she picked it up, and immediately bolted out at the door with it—I actually saw her pick it up and am quite sure she is the woman.
Cross-examined. I did not stop you because you were too quick.
Prisoner's Defence. I was minding a woman's child; we got into an argument and got fighting, and when the policeman tapped me on the shoulder I thought it was for fighting. He said where is the sovereign you stole? I said "I have not stolen any sovereign."
GUILTY — One Month's Imprisonment.
GEORGE WHITEMAY (Policeman B 412). On 12th August Eliza Vallance gave the prisoner into my charge and showed me these two certificates. (The first certified a marriage on December 5th, 1848, at St. George's, Hanover Square, between John Henry Craydon, bachelor, and Marion Wilde, spinster; and the second a marriage at St. Jude's, Chelsea, between John Henry Craydon, widower, and Eliza Valiance, widow.) I have verified those copies—the prisoner was present—Eliza Vallance said I will not give him in custody if he will leave my house quietly; he made no answer; she said his wife was downstairs—I went down and saw a woman there, the prisoner followed me down and I saw them all together—the wife said, Jack, you know I am your lawful wife, you married me in 1848—he said I will go quietly—he was given in charge.
FRANCES RYAN . I live at 34, High Street, Chelsea, and am a widow—I have known the prisoner twenty-eight years, and knew his wife, her name was Marion Wilde—I recollect when she was married to the prisoner, because Mary Griffiths, who went as a witness, stood godmother to my child—they were living together as man and wife' within seven years of 1872, because when Sir Charles Dilke put up for Chelsea the prisoner was employed in canvassing for him, that was in 1867 or 1868—I saw his wife last week.
Cross-examined by the Prisoner. I knew you in 1848, and was introduced to you in Lowndes Square by Mary Griffiths—you did not lead a happy life and you left each other.
ELIZA VALLANCE . I am a widow and live at 6, Lambeth Place, Brompton Road—I went through the ceremony of marriage with the prisoner on 19th August, 1872, at St. Jude's, Chelsea—he represented himself as a widower, he was in my house for a long time as a single man.
Cross-examined. You did odd jobs for me—I did not say "If you don't carry me to church some one else shall"—you would have lived with me without marriage, but I would not; but if you would take me to church I was willing—you told me you could not because you had no clothes and no money, but you did not say you were a married man—I bought you a coat to go to the wedding, and have bought you other clothes since—your sister begged me not to take proceedings against you, because you had had a bad wife, when I heard of this I did not press you to leave my house, but you became a lodger only—you behaved well to me.
Prisoner's Defence. I was seldom at home, only three months in a year, but whenever I did go home I found everything pawned, and at last we separated, my wife having split my head open with a jug; she had two months and I had one month; when we came out of prison we never came together again. I tried to keep out of the second marriage, but I was overcome. I have been a respectable servant all my life.
GUILTY.Recommended to mercy by the Jury. — To enter into recognizances to appear and receive judgment if called upon.
NEW COURT.—Wednesday, September 20th, 1876.
Before Mr. Justice Lindley.
MR. RINGWOOD conducted the Prosecution; and MR. RIBTON the Defence.
REES. I am house-surgeon at the London Hospital—on 15th August, about 3 o'clock, the deceased was brought in insensible; we rallied him somewhat, but he relapsed into a state of coma, and died ten hours after his admission from fracture of the base of the skull and laceration of and hæmorrhage of the brain—that must be caused by a fall or a blow on the back of the head; falling with the whole weight of the body on the back of the head would do it, but a direct blow would not.
Cross-examined. He appeared a healthy, middle aged man.
MICHAEL DONOVAN . I am a butcher, of the Commercial Road—the deceased was a licensed messenger at Leadenhall Market—I had known him some time—the prisoner is a flower hawker—on 15th August, I saw the prisoner in the market with a pot of ale in his hand and a glass offering the deceased some drink—he refused, and said that he had had enough, and the prisoner threw the ale on Hutley, between his shirt and trousers—Hutley said nothing—the prisoner filled the glass again and threw it over him—the deceased then went to the prisoner's basket, took up a plant in a pot, and threw it down—I do not know whether it went on to the ground or into the basket again—the prisoner then struck Hutley on his mouth, and he fell down in the road on his head—he was insensible—the prisoner assisted me to pick him up, and we sat him on the kerb—the prisoner told me to hold him while he went to fetch some water, but he never returned—the deceased was taken to the hospital.
Cross-examined. I believe they were friends—they were in the habit of drinking together—this occurred in the hide market, and the beer was brought out of the Lamb Tavern—the deceased was sitting on a basket with me, and he went over to the prisoner—he did not appear to have been drinking, he appeared to throw the flower pot to break it—he took it with both hands, but did not raise it very high—I will swear that he did not attempt to throw it at the prisoner.
HANNAH GLIDDON . I am the wife of Frederick Gliddon—I was at my window upstairs, and saw the prisoner and the deceased—Smith asked him to have half a pint of beer, which he refused, saying that he had had enough—Smith left, and came back with a pot and a glass of ale, and offered the deceased a glass, which he refused to take; Smith then upset part of it over him, and then offered it to him again, he refused, and Smith upset the remainder—Hutley then turned round to Smith's basket, took out a flower pot with a plant in it, and was going to throw it down, but it fell back into Smith's basket—Smith then struck him a blow on the mouth which caused him to fall backwards—I went to my husband in the next room and told him.
Cross-examined. I have known Hutley-between sixteen and seventeen years, he was about thirty-six or thirty-seven—he was not going to throw the flower pot at Smith, because he had not got it in the right position—I thought, he intended to drop it, to break it.
she spoke to me, and I went out and saw the deceased on the pavement bleeding from his mouth—I saw the prisoner approaching the Lamb Tavern door-way, and was going after him but some persons said that he was going for some water—he was a long time gone, and Hutley was taken to the hospital.
Cross-examined. I have known Hutley about nineteen years—he was of drunken habits—he had been bad on his legs for some time, but he did not keep away from his business—before we got him into the cab I saw that his mouth had swollen up very considerably—his month and nose were bleeding.
FREDERICK LANGLEY (City Detective). I took the prisoner and told him the man was dead; he said that he was extremely sorry and he would go quietly to the station—when the charge was read over he said that he did not strike him, but he pushed him.
GUILTY—Strongly recommended to mercy by the Jury — Fourteen Days' Imprisonment.
MR. COLE conducted the Prosecution; and MR. BRINDLEY the Defence.
ROSINA GARRETT . I am the wife of Thomas Garrett, of 6, Vernon Place, Fulham, a plumber—the prisoner and her husband lodged with us and occupied the two parlours—on the morning of 29th June, about 9 o'clock, the prisoner called out "Mrs. Garrett are you at home"—I never answered, but was going up to her—she stood at the top of the stairs and said "What shall I do, I have cut my baby's hand off?"—she had the baby in her arms; I took it from her—there was blood all down her dress—I went off to Dr. Spall, who attended to the baby and I took it back—it has died since.
Cross-examined. They came to lodge with me last November—I never saw her otherwise than a kind affectionate mother to her child—she was excited when she called to me—she is subject to fits, she sometimes has them frequently, and sometimes at longer intervals—she goes about and does all sorts of ridiculous things as though she did not know what she was doing—she moves about her room unconsciously—she burnt herself and the child too in one of those fits shortly before—the child is I think six months old—the breakfast things were on their table.
Re-examined. She had one fit before the baby was born, that was the first I knew of—I have only known her since she has been in the house, since November last—during the whole time she has been in the house, month after month; I have seen her under these fits and then she does not know what she is doing.—
By THE COURT. She has not suckled the child since it was born.
BARNARD EDWARD SPALL . I am a surgeon, of 47, Hammersmith Road—on the morning of 29th June, between 9 and 10 o'clock, the last witness brought me a female infant, aged about four months—its left hand had been recently cut off—I dressed the wound and told Mrs. Garrett to take it to the hospital as I thought the mother might be taken in custody and that secondary hæmorrhage might come on—if it had not been surgically attended it must have bled to death—it has since died.
Cross-examined. I thought it probable that it would recover, but it was weak from loss of blood—I have never seen the mother.
Hospital—on 29th June, a child about five months old was brought to me with the left hand severed about an inch above the wrist—I attended to it and it left (he hospital cured on 22nd July.
MICHAEL JONES (Policeman T 327). On 29th June, I found the prisoner sitting in her room—she said "Oh, policeman, I have cut my baby's hand off"—I found a baby's hand, a handkerchief saturated with blood, a quantity of blood on the floor, and this table knife which has blood on it now—I asked her how she did it—she said "I was in a fit"—the breakfast things were on the table.
Cross-examined. I was here last Session, and on the application of the prosecution the case was adjourned in consequence of the child's death, to await an Inquisition—the prisoner appeared very much distressed.; I took her to the station and she was seen by Dr. Barnes, the divisional surgeon there.
Re-examined. I do not know whether he is in town.
The Prisoner's Statement before the Magistrate: " I hope you will not think I was in a clear conscious state when I did it."
Witnesses for the Defence.
ALICE PEARCE . I live at Portland Street, North End, Fulham—I have been employed by the prisoner's husband to look after his wife—I have fre-quently seen her in fits; one every other day, or once a week—a fit sometimes lasts half an hour, and sometimes considerably less—I have known her three or four months—she goes about her own room in a strange manner when she is in the fits—she is a good kind affectionate mother.
Cross-examined by MR. COLE. She goes about in a very strange manner and does not seem to know what she is about.
DR. EDWARD MERRION . I am a physician and have been upwards of forty years in practice—I am physician to the Hospital for Diseases of the Nervous System, and a great many of these cases come under my notice—I have made notes of 600 or 700 cases—the prisoner came tinder my observation as an out-patient in July, 1871, and I have since seen her occasionally—I have made special notes of her case as being something remarkable; it is very unusual for these acts to be performed during epileptic fits, but is a recognised form of epileptiform disease, they are purely automatic acts, the patient is perfectly unconscious—it is so far complete epilepsy that there is an entire suspension of mind—in this special case, and the greater part are similar, the fit comes on with a perfectly quiescent condition; this poor woman, I understand, has always a livid appearance, and after she has been in such quiescent state a few minutes, she gets up and will occupy herself in household work, putting things away, perhaps, but she does not know it herself, and she eventually comes out. of the fit with a certain, amount of headache and lassitude; symptoms which resemble those of a regular epileptic fit—the first account she gave me was that after a mis-carriage in 1871 she had one of the attacks, and in 1872 she had four attacks, all exactly alike—I made a note of her special case, but I have not got my note-book here—I have not a doubt but that she was absolutely unconscious of what she was doing—I have no doubt but that it was a purely automatic act—she had the child in her hand and was going to cut a piece of bread and butter—I think that is quite consistent—it would not take much force to cut off the hand of so young a child if the knife was applied at the wrist—this is not convulsive epilepsy, we have no name for it in English, but the French call it vertige epileptique—the complaint is not
characteristic of insanity in the slightest way, the patient may be perfectly sane and fall into that condition, there is. neither homicidal or suicidal tendency, out any act which is begun before the fit may be continued—that is from my general knowledge, and also from the prisoner's special case—it is not looked upon by the profession as insanity in any form—I have made it a study.
Cross-examined. I knew the prisoner first in July, 1871—I mean to tell you today that epilepsy has nothing to do with insanity—the most confirmed cases of insanity in women do not begin by epilepsy—I have not much to do with insanity.
Q. There are other medical men here; have you known many cases of. epilepsy which have been the incipient forms of the very worst cases of insanity? A. Leading to insanity, yes; but not necessarily—I say that it is purely automatic.
Q. In the same manner she might have cut her own throat or her husband's? A. Very unlikely, simply because she would be engaged in a different act—she cut the child's hand off, but that was a peculiar combination of circumstances.
Re-examined. I do not consider that the prisoner is in the slightest degree insane.
By THE COURT. I should say that an automatic act and an unconscious act are identically the same; if I might illustrate it, I would give the instance of a simple experiment; you cut off a centipede's head and put the body on the table and the centipede will go on walking automatically, although it will run against anything.
NOT GUILTY on the ground of unconsciousness. THE COURT considered that this verdict amounted to one of NOT GUILTY on the gound of insanity, but would make a special report to the Home Secretary, in the meantime ordering the prisoner to be detained during Her Majesty's pleasure.
THIRD COURT—Wednesday, September 20th, 1876.
Before Mr. Common Serjeant.
414. GEORGE POWLESLAND (47) , for that he having been adjudged a bankrupt, feloniously did quit England and take with him part of his property; also for not fully discovering to his trustee all his property, also for obtaining goods on credit within four months of his bankruptcy, and HENRY BAYLISS (50) , was charged as an accessary before the act. Other Counts—for conspiring to cheat.
POWLESLAND PLEADED GUILTY to all the counts, except those for con-spiracy.
ERNEST ROBINSON . I produce the bankruptcy proceedings in the matter of Powlesland, who is described as a draper, of High Wycombe—the adjudication is on 20th May, and Mr. Collison is appointed receiver and manager on the 23rd—he has not filed any accounts—there are also two separate orders by the Bankruptcy Court for the prosecution of both defendants—I also produce the bankruptcy proceedings in the matter of Bayliss, dated 23rd October, 1870—he is described as of Haydon Lane, Wimbledon, and late of Battersea, draper—this is the certificate for liquidation,
under the proceedings (produced)—I do not see his discharge here—Frederick Henry Collison, of Cheapside, accountant, was trustee.
Cross-examined by MR. GLYNN. I do not know anything about the practice of the Court of Bankruptcy as to orders to prosecute, or whether they are granted as a matter of course upon affidavit—Bayliss' was a petition for liquidation and not originally a composition—I do not see Mr. Collison's costs for investigating the affairs in this matter on the file. (The resolution for the liquidation of Bayliss's affairs and the appointment of a trustee was read.) That was registered on 27th January, 1871.
Re-examined. The amount of debts was 974l. 9s. 8d.; total assets 278l. 7s. 10d.
FREDERICK HENRY COLLISON . I am a member of the firm of Ladbury, Collison, & Co., of 99, Cheapside—I am trustee under the bankruptcy of Powlesland, and under the liquidation proceedings of Bayliss—the indebtedness of Powlesland, so far as has been ascertained, amounts to 26,972l. 15s. 1d., and the assets are put down at 2,495l. 14s. 1d., of which 850l. is claimed by the bankers under a bill of sale, showing a deficiency in round figures of 24,400l. or 24,500l.—on 18th May I discovered that Powlesland had absconded—I then communicated with Bayliss, certainly on the 23rd, and I think also on the 19th—I saw him at his premises, Beech Street, Barbican—I told him what my object was, and asked him if he could give me any information with respect to Powlesland, of High Wycombe, or of any of his property—he replied that he had seen Powlesland on the previous Tuesday, 16th May, on two occasions—he said "I paid him two sums of money, one of 50l. and one of 95l.—I parted with him, and he said he was going to Aldersgate Street Station—he was in great distress of mind, but where he has gone I cannot tell, I know nothing about it"—I asked him to allow me to see what his transactions with Powlesland had been—he said "Yes," and produced a book, from which I took these short particulars (produced) of recent transactions—he agreed to my sending a clerk to take further extracts, which he did, and which extended over rather more than twelve months—I have not that account before me—the transactions from February, 1875, to May, 1876, show that the total amount of goods sold by Bayliss, after deducting his commission, was 24,034l. 3s.—the commission for the latter portion I find was 5 percent.—that was commission on the sales, not interest on the advances—the amount of cash received from Bayliss for the four months preceeding the bankruptcy was 7,624l. 2s. 3d.—the account does not show the cost of the goods—it is simply an account between Powlesland and Bayliss—the cashier copied it from his books—it does not in any way mention the owners of the goods—it shows the gross amount of goods on one side, and the gross amount of sales on the other—the second interview was with my clerk, who asked him whether he had seen or heard anything further of Powlesland, and he said he had not, and inferred that it was very unlikely that he should—that was on 24th May—the 7,624l. represents the amount of cash obtained—a large loss was evidently made by the purchase of the goods between the bankrupt and the sales—I have inspected the books of Powlesland, the bankrupt, as an accountant, and I am trustee of his bankruptcy—these books have not been kept for the last twelve months, and do not disclose the amount of purchases in the four months—I found invoices 'of his purchases for the last four months amongst his documents—the books and invoices were obtained from High Wycombe, the bankrupt's premises—the examination I have
made is ray ordinary duty astrustee of the bankrupt's estate—the invoices are here—the amount of them for the four months preceding the bankruptcy, is 17,474l. 12s. 11d. unpaid for—the other sales, what I should call the legitimate business for ready money during that time, was 344l. 3s. 3d., and 1,080l. 16s. 11d. for credit—that was the whole legitimate business—the sales made by Bayliss were 7,624l. 2s. 3d., and by Burton 2,584l. 15s. 7d., and by Young & Lee, 749l. 16s. 7d., and by other auctioneers, Brown & Son, 1,186l. 17s. 1d.—the total sales by auction, legitimate and otherwise, being 13,570l. for what cost 17,474l.; in other words, a loss of nearly 4,000l.—I saw Powlesland in Newgate-street, about the 10th July, by his invitation—in answer to my inquiry whether he had any money, he said "I had 95l. and 50l. from Mr. Bayliss; 30l. or 35l., I cannot recollect which, from another auctioneer, and the rest of the money I took from home"—he told me what he did with the money in Spain—when I had the conversation with Bayliss, he evidently knew me, and I him—he is undischarged under his original petition.
Cross-examined by MR. GLYNN. Bayliss furnished me with this account of last transactions which he had with Powlesland—it was not in my mind to mention to him that the reason for my getting the accounts, was to endeavour to get material to proceed against him—very shortly after, I was aware that Powlesland had absconded—I swear I knew of no criminal proceedings against Bayliss—the books I had from Bayliss do not refer to any persons from whom the goods came—I cannot distinctly identify the goods sold at. a loss of 4,000l. as the same goods purchased by Powlesland—I arrived at the conclusion by the amount of goods' I found purchased unfortunately and winch were proved for—I found goods in Bayliss' possession at a subsequent period—I have not taken their value into consideration—I. knew from Bayliss that the goods, with the exception of one parcel of 36 dozen chairs were his; the chairs, would be worth 12s. a dozen—I know something about an auctioneer's business—the charge of 5 percent, is not unusual when goods are sold at the hammer, they seldom, if ever, realise as much as they do when sold in merchandise—I have known bankrupts' stock sold by auction not to fetch half the cost price—I was trustee under the liquidation proceedings of Bayliss in 1870—when I called on Bayliss again in 1876, in reference to the bankruptcy of Powlesland, I did not refer to Bayliss' liquidation—I don't know that I stopped 900l. at the bank for the benefit of Bayliss' estate—I had not received the whole of my charges under the liquidation of Bayliss; I applied to my solicitors—a resolution had been passed prior to the liquidation proceedings to accept 10s. in the pound—he did not pay the composition—he did not pay 200l., or anything sufficient for 60l. to go into my pocket for costs—he paid 125l., and my firm's costs—I believe it was paid by instalments of 10l. a week; it is six years since—33l. out of that went into my pocket for costs—when I gave notice to attach all this money at the bank about 700l. remained unpaid, due to the estate—about 600l. was attached at the bank—I caused the whole of the stock, bed linen, and the bed he was sleeping on to be sold—I had notice that some portion of the property was not his own, but his daughter's; I continued to carry on the sale notwithstanding that—I believe I left him without any article of furniture—about 30/. was realised by the sale—he implored me to leave the goods in the warehouse for a day in order that he might carry on another sale for which he had contracted, but I removed and warehoused them—they were
worth about 200l.—they were claimed by other persons afterwards—I did not take them because I thought they might not be claimed—the liabilities under the liquidation were 1,000l.—the statutory statement filed by Bayliss shows 974l. odd—he did not pay a penny in connection with this liquidation—the liquidation proceedings were the result of the prior arrangement having broken down—the amount he paid, left 974l. remaining—he had some book debts—I applied for them personally and by deputy, and realised 5l. 6s. 8d.—I last applied four or five years since—I have not applied since, because the majority of the persons cannot be found—on my visit to him in May, I believe I said "I suppose you have heard nothing more of Powlesland"—he said "No, and I am not likely to," and that he saw him leave for Aldersgate Street—he said that Bayliss had paid him money and not seen him since or heard from him.
Cross-examined by MR. MORETON. Powlesland's accounts are in Court—I believe up to the eve of Powlesland's absconding he was paying small amounts on account to his creditors—I don't know that from 1st May to his bankruptcy he paid as much as 1,300l.—he sent goods to four auctioneers, I think, Bayliss, Burton, Young & Lee, and Brown & Son—I caused inquiries to be made.
Re-examined. Powlesland received during the four months from auction sales, book debts, and every source of receipt, 14,081l. 16s. 3d.—in May he received for the sale of goods in round numbers about 2,000l.—I asked Bayliss for an account of his transactions with Powlesland—he produced the books to me as being an account of goods sold for Powlesland and I caused them to be extracted; no name other than Powlesland's appeared, it was a mere cash account—I was not shown any account of where the goods came from and I don't know whether any such account exists—the copies made by my clerk from the books, extended up to 16th May, that does not include these in my hand; these represent sales made on 17th and 18th May, given in detail; they are in Bayliss' writing; they were not entered in the books when I saw them; they were subsequently sent by post, the amount of these is 848l. 10s. 5d.—the arrangement by Bayliss to pay 10s. in the £ to his creditors was a private one and was made six or seven months prior to the liquidation—he paid 125l.—nothing but the 5l. was realised, nor have I been paid—the 600l. was seized under the liquidation as belonging to Bayliss'estate under the direction of the Court of Bankruptcy—all the steps I have taken under the liquidation have been by the direction of the Court of Bankruptcy—the matter was discussed and litigated in the Court of Bankruptcy, and it decided that I was entitled to that money—I was well known as having had experience in matters connected with the drapery trade—at that time no intention had been formed of prosecuting Bayliss—I don't know when Powlesland arrived from Spain—I identify these letters (produced) as Bayliss' writing—those signed Powlesland and Thomas Morris I believe to be in Powlesland's writing.
JOSEPH MARTIN LANGSFORD . I am a clerk in the service of Ladbury, Collison, & Co.—the last witness is the trustee—I went with him to Bayliss' premises on 24th May—I there on that and the subsequent day copied from the ledger produced by Bayliss the account relating to the sale of goods for Mr. Powlesland down to 16th May this year—the ledger I had first begun on 18th February, 1876; it showed a balance against Powlesland of 927l. 14s. 4d. on 18th February—when I found that I asked for the earlier ledgers and Bayliss said he had not got them there, but would bring them
the next morning-on the following morning I again went to Baylies' premises and saw him; he showed me two earlier ledgers from which I copied out this account relating to Powlesland's goods from 25th February, 1875—the total amount of goods sold for Powlesland from that date to 16th May, 1876, is 24,034l. 3s., and for the four months before the bankruptcy the sales were 7,232l. 19s. 56d.—the accounts do not show the names of the persons who supplied the goods—the sums I have given you are the sums actually realised by the sales, less commission, 5 percent.-this is the copy (produced).
Cross-examined by MR. GLYNN. I called on 24th May, Wednesday—I keep a diary of the work done and I referred to it before I came out and found it was Wednesday.
Re-examined. The ledgers were the only books relating to Bayliss' transactions—he did not show me any further details of the account sales.
RICHARD PAWSON HOOTON . I am a silk salesman in the London Ware-house Company—I sold some articles to Powlesland on 25th April at our warehouse, 100, Wood Street, where he attended and selected black silks to the extent of 85l. 2s. 8d. on the usual trade terms, with which I have nothing to do.
By THE COURT. The terms would appear on the invoice in the ordinary course—the invoices tally with the sale-book (produced), it includes many other things which he purchased on the same day—I know nothing of the packing or sending—I simply sold the goods.
Cross-examined by MR. GLYNN. My firm had considerable dealings with Powlesland—I apprehend he had paid for some goods, or he would have been no longer supplied with them—I am not prepared to say whether my firm took bills—It is. not a portion of my business to inquire—he had had dealings with us for more than a year.
ALFRED ISAACS . I am a buyer in the crape department of the London Warehouse Company—I know Powlesland—I sold him goods of 25th April to the amount of 7l. 16s. 4d.—they are invoiced to him in these three lines.
Cross-examined by MR. GLYNN. We have had dealings with him for some time.
FREDERICK GEORGE ARCHER I am a buyer in the Scotch and Manchester departments of the London Warehouse Company—I know Powlesland-on 25th April I sold him a lot of goods from my department amounting to 10l. 14s—they are contained in this invoice.
THOMAS LOVELL GEORGE . I am a buyer and salesman in the merino department of the London Warehouse Company—I sold Powlesland a lot of goods from my department amounting to 75l. 15s. 6d.-a portion of them appear in this invoice; I cannot say whether it is the whole—I sent the goods down into the entering-room—they are all here.
ALEXANDER REDDOCK . I am a buyer and salesman in the stuffs department of the London Warehouse Company-on 25th April I sold to Powles-knd goods to the amount of 108l. 5s. 1d., contained in this invoice.
represents them—the total is 560l. 13s. 3d., it consists of silks, calicoes erinoes, stuffs, and so on—they were directed to G. Powlesland, High Wycombe, by Payne, the carrier—I had before that directed goods to Powlesland in my department; Payne or his carmen would call for them sometimes, not always-Brooks called for these; he was in Payne's employ—It is the practice to send the invoice afterwards by post—the goods were taken away on May 1st-Brooks signed for them.
Gross-examined by MR. GLYNN. This is the entry made by me:"G. Powlesland, High Wycombe, nine trasses and one box "-several parcels have been packed for Powlesland under my direction—I have not sent any direct to Bayliss' place to my knowledge—I do not know that Bayliss had auction rooms.
J. W. GRANT. I was accountant for the company, I did not make out this invoice-my duty is to order packed goods to be sent or stop them—I remember the goods mentioned in this invoice being sent to Mr. Powlesland, of High Wycombe—they were purchased on credit, what we call one clear month and a three months' bill—I spoke to him before he went into the warehouse to make his purchases—he said "I am going into the warehouse to buy "-at the time of his bankruptcy, he owed the London Warehouse Company 2,000l. odd—I certainly should not have allowed the goods to go if I had known they were going to Bayliss' to be sold by auction—I have looked over the account rendered by Bayliss of the amount of sales he had made for Powlesland, and I saw some of the goods agreeing in some particulars with part of the goods sold—I have the invoice before me; I find here six pieces of goods sold in the silk department—they correspond in some particulars with the goods sold on 25th April; 6 1/2 turquoise sold at 1s. 6 1/2 d., bought at 2s. 4 3/4 d.; 96 or 90 of blue green sold at 3s. 9d., bought at 4s. 6d.; 97 sold at 2s. 11d., bought at 3s. 11 1/2 d.; 97 3/4 sold at 2s. 2d., bought at 3s.; 95 1/2 sold at 2s., bought at 2s. 6 3/4; 91 sold at 1s. 7d., bought at 2s. 1 3/4 d.—I do not recognise the merino—I am not able to recognise any other item—I recognise the silk in three particulars; the number of pieces, the length in yards, and the description—the prices are, of course, very much lower than the cost—I have got in my figures the prices at which they were sold to Powlesland, and have got in Mr. Bayliss' account the prices at which they were sold at auction, and have therefore been able to give the difference in the prices as sold by us and sold by him these goods were not paid for, and there is over 2,000l. still owing-we received this letter from Mr. Powlesland. (Read: "High Wycombe, April 27th, 1876. My Dear Sir,—In reply to yours just to hand, after I left you on Tuesday, on looking through the different departments, I know that I bought more than I intended to, but the next few weeks I can sell a lot of goods. I am pleased to inform you that my cheque for 116l. is provided for, and next week you shall have the cash for the May bill, 324l. 18s. 6d., and as it is market day, to-morrow, I hope you won't detain the goods. The waggon will leave the Bell Inn at 5 o'clock this day. You are aware I have the whole of the drapery to myself in the High Street, as Webb & Fitch's house is taken by a grocer, and I mean to do the trade, and no mistake. Don't be afraid, my friend, I will pay you, and do all I can. I am, &c., George Powlesland." The May bill was partly paid—the goods were sent on 1st May—the goods named here were purchased in April and sent in May.
Cross-examined by MR. GLYNN I am not in the service of the company
now—I left on 31st July—I received my discharge on the ground, as the chairman told me, of reducing the expenses of the company—the goods agree in some particulars, the number of pieces bought, length in yards, and the description of the goods in this particular department bought on that day—the six pieces of goods only.
Cross-examined by MR. MORETON. 155l. of the May bill was paid.
Re-examined. That related to goods bought four or five months before none of this has ever been paid.
RICHARD PAWSON HOOTTON (re-examined). I have heard the last witnesses evidence as to identity—I have looked at Mr. Bayliss' sale account and compared it with my invoice—I sold Powlesland six pieces of silk on April 25th, which agreed wholly with the sale sheet of Mr. Bayliss as regards the length, the description, and the difference in price, between what I sold them at and what they realised, and I believe them to be the same.
FREDERICK FREE BROOKS . I am a carman, employed by Mr. Payne, carrier, from London to High Wycombe—he was in the habit of carrying goods for Mr. Powlesland, a draper, of High Wycombe-his name was written in white letters on the off-side of the cart-that was the cart that I invariably took to carry away Mr. Powlesland's goods-my master had a contract with Powlesland for carrying his goods—I don't know from Powlesland what the terms were, only by Mr. Payne explaining it to me himself—Mr. Payne's cart stands at the Oxford Arms, Warwick Lane—sometimes, I got the goods from the Bell Inn, in Warwick Lane also—I remember going to the London Warehouse Company on 1st May, and receiving a lot of goods—I see my signature here for nine trusses and one box—I took them direct to Mr. Bayliss, and delivered them to him in Beech Street, Barbican—I believe I saw him; I am not certain—I have been in the habit of delivering goods there before; only for Mr. Powlesland—I used the cart generally in my business.
Cross-examined by MR. GLYNN. I delivered goods to other persons; to Mr. Burton, an auctioneer, and other auctioneers in exactly the same way the goods I delivered to Bayliss were addressed to Powlesland, High Wycombe, I believe—I took them to Bayliss according to his instructions.
SAMUEL WHITE . I am a member of the firm of Spreckley, White, & Co.,. of Cannon Street, warehousemen—I never saw Powlesland before he came on 20th April, when he bought some clothes and cashmeres amounting to 35l. 15s. 1d.—I asked who he was, and was told that he was Mr. Powlesland, of High Wycombe—they were sold in the ordinary course of our business—our usual course is that we give one clear month and allow 2 1/2 per cent., or a three months' bill at the end of the month—I find in this invoice the goods sold—I think Powlesland owed us about 140l. when he was bankrupt, I cannot say exactly-this was the first transaction with him for severa years, seven or eight at least, and they were unpaid for.
Cross-examined by MR. GLYNN. The money would not be due for the goods at the date of his bankruptcy-we never had any of his money.
ROBERT HARRY BARRON . I am a member of the firm of Speckley, White, &Co.-on 20th April I sold Powlesland some jackets, capes, and silks for 54l. 2s. 10d. on the usual credit—I find the invoice relating to those goods before me—the goods after they are purchased, would go to the entering room in the usual way.
& Co.-on 20th April I sold Powlesland some skirts for 4l. 6s. 6d. on the ordinary terms—I find the invoice here relating to them.
SAMUEL SEDGWICK . I am manager of the entering department at Spreckley, White, & Co.'s—I saw Powlesland in the warehouse on 20th April—he spoke to me about these goods, and told me Payne the carrier would call for them, and that he would carry them to High Wycombe cheaper than any other—the invoice I have here amounts to 58l. 15s. 10d.
AARON TURNER . I am a packer in the service of Spreckley, White, & Co., and on 20th April I packed some goods for G. Powlesland, High Street, High Wycombe, and they were delivered to the carman of the carrier Payne on the 21st—I have my book-Brooks signed for them in this book.
F. F. BROOKS (re-examined). This entry on 21st April in this book is signed by me-two bales and one case—I remember receiving the goods in Mr. Payne's cart—I believe I took those to Bayliss, in Beech Steet, Barbican—I took one lot to Messrs. Burton, but I do not know when.
HENRY WEATHERSTON . I am manager in the counting house of Messrs. Evans & Co.-Powlesland was indebted to our firm in April last for goods sold 55l. some odd shillings-total indebtedness 155l. 19s. 9d.—there were not any paid for.
HENRY PRINCE . I am foreman in the packing room of Messrs. Evans & Co., and in April last I directed—three boxes to G. Powlesland of High Wycombe, which were delivered to him on the 7th—I have my delivery book here-Brooks received them—I also directed three more boxes on 10th May, and delivered them to Brooks.
F. F. BROOKS (re-examined). I delivered one of the two lots I received on these two dates to Mr. Bayliss, and one to Messrs. Young & Lee.
HENRY HULBERT . I am a member of the firm of Beddoe & Hulbert, Wood Street-on 4th May my firm supplied Powlesland with goods to the amount of 16l. 12s. 6d.—I have the invoice before me and a further invoice for the same day of different goods amounting to 23l. 16s. 8 d., total 40l. 9s. 2d. they were supplied on credit in the ordinary course of trade.
WALTER MARSH . I am delivery clerk to Messrs. Beddoe & Hulbert—I delivered the goods mentioned in these invoices to Payne at the Bell Inn; it was one large case—I have got my delivery book, "4th May, G. Powlesland, High Wyoombe, by Payne, Bell Inn, taken by Walter; one case, charge 4d.—I think the signature is "Wm. D."
F. F. BROOKS (re-examined). I expect I received these goods at the Bell Inn on 4th May, but I don't know for certain the date—I delivered the case to Mr. Bayliss.
WILLIAM DOWNE . I am a member of the firm of Messrs. Morley-on 27th March we received an order by post, which we executed and sent in the regular way—the invoice is with Mr. Lewis, I think—I do not know the amount of it.
HENRY CHARLES SHERIFF . I am in the entering room—I speak to an order received and duly executed for flannels and blankets—the amount I believe is with Messrs. Lewis—the goods were packed by a man named Williams.
Cross-examined by MR. GLYNN. They were first sent to the Bell Inn, which is the receiving house for the line which stops at High Wycombe.
F. F. BROOKS (re-examined). I had one box on 24th March—I have nothing in my book on the 29th—I should fancy they went to High Wycombe; if they went straight there I should not have them in my book—I delivered one box to Bayliss on the 24th, from Morley, from the Bell Inn, Warwick Lane.
ELIAS DAVIS . I am a merchant of Cheapside—the amount of these invoices is about 200?. and something-these goods were supplied on the dates of the invoices, no doubt-that is 11th April, 46l. 9s. 6 d.; April 20th, 1l. 15s. 3d.; 24th, 2l. 10s. 6d.; they refer to Powlesland, of High Wycombe—I know very little personally—I should think the amount of the indebtedness, speaking in round figures, would be nearly 800l—they were no doubt supplied on credit.
Cross-examined by MR. GLYNN. The terms would be one clear month and four credit-that would be by bill or 2 1/2 discount.
MORRIS LAVIGNE . I am a warehouseman in the service of Moses, Son, & Davis—I sold the principal part of the goods in the invoice—If the amount is 500l. perhaps I sold 400l. out of it—I believe I sold to Powlesland goods on the 10th, 11th, and 20th amounting to between 400l. and 500l.; they were—sent to the entering-room to be packed.
Cross-examined by MR. BESLEY. Powlesland had been dealing with us some few years—I don't know that he was embarrassed at all—I had nothing to do with the counting-house business—I am not able to say what moneys he has paid since 1st January—I received no directions that the goods were not to go—I served him and that is all I had to do.
Re-examined. I know nothing of his having sold these goods by auction through Mr. Bayliss, or anyone else, but I have heard of persons saying they bought stuff much cheaper than they could get it of us.
JAMES MITCHELL . I am entering clerk in the firm of Moses, Son, & Davis—I am not the ledger clerk, I am the giver down, commonly called entering man—I delivered the goods to Payne, the carrier, I believe—I have got my delivery-book here-these goods were delivered to Brooks, I believe, seven trusses-"March 24th, Powlesland, of High Wycombe, seven trusses, paid for booking 1s. 2d.," it looks like "11th April, three hampers and three trusses"—the first signature does not appear to be Brooks', but the second is positively—I can scarcely decipher it.
Cross-examined by MR. BESLEY. I remember these deliveries for the simple reason that the parcels were so large they were in my way and I was glad when he called for them.
F.F. BROOKS (re-examined). The first entry is not mine—I should say it was made by some one at the Bell Inn—they were delivered at the Bell Inn and went to High Wycombe, no doubt—the 11th April refers to those taken to Mr. Bayliss, three hampers and three trusses-when I delivered goods to Bayliss I always delivered them in the cart with High Wycombe on it the same as I received them.
merino department-early in February I sold some merino to Powlesland to the amount of 99l. odd-this is the amount mentioned in this invoice.
JOHN WILLIAM REYNOLDS . I am a salesman in the merino department of Leaf, Son, &, Co.-on 1st February I sold to Powlesland, merino to the amount of 35l. odd-these are the goods mentioned in this invoice.
HENRY THOMAS TOWN . I am in the silk department of Leaf, Son, & Co., and on 1st February I sold to Powlesland a small parcel of silks to the amount of between 30l. and 40l., which I find mentioned in this invoice.
Cross-examined by MR. BESLEY. Powlesland had been dealing at our house for some time past, I believe.
W. J. FOSKETT. I am an invoice clerk to Leaf, Son, & Co.—I find in my book particulars of the sales mentioned by the last seven witnesses, making a total amount of 478l. 5s. 3d.—I have no idea what the terms of credit were—I have heard the goods have not been paid for.
Cross-examined by MR. BESLEY. I do not take cash from customers; I do not know the time when credit expired whether drawn for by bills, or whether cash is paid.
GEORGE HOOPEB LEAF, JUN . I am a member of the firm of Leaf, Son, & Co.—I do not know Powlesland, personally-our usual terms of credit are 1 1/4 and a clear month, or else a bill at three months—the goods referred to have not been paid for—I cannot say what my firm is creditor for altogether.
Cross-examined by MR. BESLEY. What I have stated arises from what I learn in the counting-house—I cannot tell you the amount of money drawn for in October last, or how much in bills was met in October, November, or December, or in the months between December, and the time of this enquiry—the terms of 1 1/4 and a clear month include transactions from the 20th of one month to the 20th of the next, dated from the 1st of the. following, so that if a person bought on 21st October, that would go into December—the draft would date from 1st November—I believe from our business transactions with Powlesland, we gave references in his favour, that he was a responsible man, thoroughly businesslike, honourable and straightforward—I cannot say whether it was in writing, or by word of mouth—It was to persons to whom he applied to sell him goods-up to the very moment of his running away in May, we believed him to be so—I do not know when the last money were received from him—I believe he was never represented to us as a defaulter for not meeting his bills.
Re-examined. When we supplied on credit we believed that they would be paid for, certainly—Ibelieve we had certain suspicion of his selling goods through Bayliss, after 1st February-our ledger should be in Court.
on 1st February, I assisted in packing a quantity of goods for Powlesland—I cannot tell exactly how many boxes or trusses-on looking at the delivery book, I find under 2nd February, that five boxes and eight trusses were delivered at the Bell Inn, Warwick Lane, and taken by Brooks afterwards—I find another delivery on 3rd February, "George Powlesland, High Wycombe, one truss, Payne, Bell, Warwick Lane "-we have not got 4th February here—the other is on January 27th, there is none on 1st February.
F. F. BROOKS (re-examined). I delivered on 4th February five boxes and nine trusses together, to Mr. Bayliss, Beech Street, Barbican.
Cross-examined by MR. BESLEY. I have an entry in my book of taking them to Mr. Bayliss from the Bell Inn—they were lying at the Bell Inn from the 2nd till the 4th, for instructions from Mr. Powlesland as to what I should do with them—I was instructed to deliver them to Mr. Bayliss, and I took them in my High Wycombe cart.
CHARLES BEDDOE . I am a salesman in the employ of Messrs. B. Hyam &Co., of 56, Cannon Street, wholesale clothiers—I remember selling Powles and goods on 17th February, to the amount of 413l. 12s. 1d., which goods are mentioned in this invoice; I also sold him goods to the amount of 206l. 13s. on 9th March, of which this is the invoice-our terms are 5 per. cent, discount for cash down, 2 1/2 per cent, on 1st of the following month or a four months' bill—they were never paid for.
Cross-examined by MR. BESLEY. Goods bought after the 20th date from the 1st of the following month—If bought on the 21st October they would go into the statement of 1st November—they get an extra month—If they do not take discount the bill would be drawn from 1st January-we had known Powlesland for several years—I do not know whether he has always been prompt in his payments—I have nothing to do with the money transactions.
JOHN GOODWIN . I am chief in the packing department-Tearce packed under my directions—he packed the goods mentioned in the invoices of 17th February and 9th March—they were delivered to Payne, Bell Inn, Warwick Lane—they were collected from the warehouse—they were packed on the 17th and fetched away on the 18th by Payne-Brooks signed for them, Payne's man-packed on the 9th and fetched from the warehouse by Brooks on the 10th-nine boxes in that instance—they include both invoices I should say—I have nothing to do with the invoices.
F. F. BROOKS (re-examined). I have an entry of February 18th—I remember receiving these goods; the first lot, 413l., I delivered to Messrs. Burton, March 10th; nine boxes, I delivered to Mr. Bayliss.
Cross-examined by MR. BESLEY. The 413l. 12s. 1d. lot were delivered to Burton, another auctioneer, on 18th February-that was no delivery to Bayliss at all—I took them to so many places that it is hard to tell—I discovered that they went to Burton first of all—I was not told to come here to prove that—I collected them from Hyams-Messrs. Hyams did not give me directions that they were 'to go to Burton's.
Cross-examined by MR. BESLEY. A person named Heath a customer of the company has selected goods on two occasions—I cannot call to mind
the dates, and directed them to be sent to 11, Beech Street, Barbican—I don't know about the name being Bayliss—heath was a solvent man to the best of my belief and had dealt with us for some time—I do not know whether they were paid for-Mr. House attended to the counting-house—I know nothing about Mr. Bayliss, or whether they were sold by auction or not.
By THE COURT. I do not know how they were addressed—he gave his address 11, Beech Street, Barbican.
Thursday September 21st, 1876.
JOHN SPITTLE (Detective Sergeant). I was directed to pursue Powlesland to Spain and arrest him if I could, for which I had a warrant, I found him at Seville—the Spanish police co-operated with me—he had been passing under the name of Thomas Morris, and when they knew that to be a false name, they assisted me in forcing him to leave the country, and he was put on board ship, and I joined the same vessel, which arrived at Gravesend on the 3rd July—I considered him in my custody when we were at sea—I found this bundle of letters on him, they have been read here and identified.
Cross-examined by MR. BESLEY. I took possession of his portmanteau and things at Seville—I paid his passage, and the Government made an order that he should go in the ship in which I had paid his passage—he had not got almost the whole of 350l. with him, all was missing but 6d., and a deposit note for 330l.—I found perhaps twenty more letters on him other than those that have beeen read, some were from Goring & Lee—I don't know about Burton, I have them here ('produced).
F. F. BROOKS (re-examined.) I remember at some time delivering a parcel to Mr. Bayliss which I ought to have delivered to somebody else-all I can tell you about the box is when I called at our office, in the Bell Inn, Warwick Lane, to pick up all Mr. Powlesland's goods and deliver them to Bayliss, the warehouseman at the Bell Inn delivered the box to me by mistake, and I took the box and delivered it to Mr. Bayliss, along with Mr. Powlesland's, and there it remained for months before any complaint was made about it-a Mr. Drakeford said something to me about it—I saw Mr. Bayliss about it, and wrote to Mr. Powlesland—I afterwards heard from Mr. Powlesland and Mr. Bayliss—I went to Mr. Bayliss and told him that Mr. Powlesland ordered me to draw some money of him to pay Mr. Drakeford for the box delivered to him by mistake, and Mr. Bayliss gave me a cheque for 10l., and I gave it to Drakeford in pursuance of Powlesland's directions.
Mr. Besley submitted that there was no case on any of the counts to go to the Jury, taking them seriatim, some of them were then withdrawn, and as to others, after hearing Mr. Serjeant Parry, the Court was of opinion that there was sufficient to go to the Jury.
POWLESLAND— GUILTY of conspiracy — Eighteen Months' Imprisonment.
BAYLISS*— GUILTY on all the counts, except the 1st, 2nd, 12th, 23rd, and 33rd — Two Years' Imprisonment.
MR. SIMS conducted the Prosecution; and MR. DOUGLAS METCALFE the Defence.
GEORGE FOSTER (Detective Officer H). About 1 o'clock on the morning of the 20th August I was passing through the Commercial Road, with Detective Newman, when there was a very heavy thunder storm and it was raining very heavily-as we passed from the south side of the Commercial Road to the north, there was a very vivid flash of lightning—I heard a struggle, and looked round and saw the prisoners struggling—I rushed to where they were and caught hold of Murphy and Curtis—I saw an old man there, and I said to him" What have they done?"-Newman at the same time caught hold of Robinson—he said "They have robbed me, and taken my few half-pence"—they said "All right; Mr. Foster, we have done nothing"-Newman called "Police!" and another constable came up and I handed Curtis over to him—I heard something drop—I had Murphy in custody, and he turned round to the old man, and said "You old be you ought to be pole-axed"—I said "That a nice thing to say; to rob a man, and then say 'you ought to be pole-axed'"—he said "I shall get off with 'six months"-when we got to the station, the prosecutor made the charge, that he had lost 5d. In coppers—the handkerchief found on Robinson by Newman, and the papers, he identified as his property before the prisoners, and he charged them and attended at the police-court, and gave evidence there—I have since then made inquiries as to where he is, and have received some information.
Cross-examined. It was very dark until the flash of lightning-that was the first that attracted my notice—I was about 5 or 6 yards off them we were crossing the road in a slanting direction—they were standing on the pavement close to a doorway—I searched Murphy—I did not see anything of the halfpence that the prosecutor was robbed of—I was holding the two, and did not look for anything that dropped—I went back the next morning and looked down the area-two of them were standing over the grating, an iron grating, let into the pavement.
JOSEPH NEWMAN (Detective Officer H). I was with Foster when the prisoners were taken into custody-a vivid flash of lightning came, we were hurrying home—I saw a tussle among three or four people immediately after the lightning—I saw Murphy and Curtis holding the old gentleman, each one holding an arm, Robinson was rifling his pockets, and I could see the left pocket of the old gentleman turned inside out-Foster caught hold of two and me the third, and we pushed them all three up against the shutters in a row—I said to the old gentleman "We are policemen and they are thieves," and the old gentleman said "You don't mean that, you are companions of theirs"—he appeared doubtful as to whether we were or not, and I repeated it again, and he said "Oh; thank God, I thought they would have killed me "-while holding them up against the shutters, I saw Robinson drop something on the pavement—I picked up these pieces of rag and these papers, and Murphy said "Look here, don't you put anything in my pocket"—I said "If you talk to me in that manner I will put my knee in your belly"—I then called out" Police "-we took the three to the station—I did not hear the prosecutor say what he had lost; I assisted him-we got to the police-station and the charge was made in the presence of the prisoners, of stealing 5 1/2 d. in coppers from the old gentleman—I showed him these memorandums and asked him if he could recognise them, and he said "Yes, they ought to be in my pocket"—I told him in the prisoners' presence where I picked them up—I searched Robinson's tail pocket where I found these articles (produced) which the old gentleman said
were his—I did not hear either of the prisoners say anything in answer on searching Curtis I found this pepper-box half full of pepper.
Cross-examined. I did not see them until the flash-when the thing dropped from Robinson's hand the old gentleman was standing behind us we had them up against the shutters—I have heard there was another man about the place at the time; a brother of one of them I believe—I don't remember their saying somebody else had shoved the old man.
Prisoners' Statements before the Magistrate.—Robinson says: "We were standing up for shelter when three young chaps going by shoved the man. I never interfered with him." Murphy says: "I was standing up for shelter, and two men shoved the old man on us. I went to make water. Foster took me. I had a drop." Curtis says: "He first said he had 5d., then 4d., and then 3d."
ROBINSON and MURPHY— Six Months' Imprisonment.
CURTIS— Nine Months' Imprisonment.
417. WILLIAM ALEXANDER IRVINE (38), PLEADED GUILTY to unlawfully obtaining, on the 17th September, 1874, from Adam Middlemas, a cheque for 18l., by false pretences (See Sessions Paper Vol. LXXXIII., p. 460)— Four Days' Imprisonment.
NEW COURT.—Thursday, September 21st, 1876.
Before Mr. Justice Lindley.
MESSRS. CANDY and EVANS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
Cross-examined. This round spot is where the van stopped—I was toll that that was the spot—I had no authority for marking it.
GEORGE PAYNE (Police Sergeant B 31). On 27th July, about 7.30 p.m. I was on duty in Pont Street and saw John Frazer lying on the kerb or 4 paces from the bar—I believe he was dead—I saw the prisoner in the crowd 6 or 7 paces from the bar—he had a one-horse van—with some boxes in it; I cannot say whether they were empty or full-with the assistance of other constables I took the deceased on a stretcher to St. George's Hospital, and subsequently went to the station and charged the prisoner with causing his death—he said "I tried to stop the horse, I had been through before and: had not been stopped."
Cross-examined. He was perfectly sober and appeared unnerved and very much distressed—I was at the hospital on both occasions of the Coroner's Inquest, but was not present all the time—I did not go to Rochfort's house—I was present at the four hearings at the police-court-William Cates, the valet to the Honourable George Elliott, was, I believe, the last witness called—I am not certain whether Peck, the groom, was called after him—the deceased's friends were represented by Mr. Wright, the solicitor, up to the last day, and on the last day by Mr. Candy.
ARTHUR WILSON . I am house-surgeon at St. George's Hospital-on 27th July a dead man was brought in on a stretcher—I examined him; he had received a compound and very extensive comminuted fracture of the skull—he died from that injury.
Cross-examined. It was 8 o'clock, as near as possible when he was brought in.
THOMAS STEADMAN (Policeman B 228). On 27th July, about 7.20 p.m., I was fetched into Pont Street, they had just laid the deceased on the pavement, and the prisoner was on the opposite side—I took him in custody—he said that he knew he had no right to go through there, but he had been through many times before and had never been stopped, and that he was very sorry—I took him to the station.
Cross-examined. I have been on that beat some time—I was at the corner of Belgrave Square, and Chesham Place, when I was fetched, about 150 yards from where the van was stopped-coming towards Chesham Place, the sentry-box is on your left-when the bar is open it is along the kerb—If the man was in the sentry-box and wanted to shut the bar against you; he would come out and push it across the road.
WILLIAM STOKES . I am foreman of the bar keepers, on the Loundes Estate, Belgravia—the deceased John Frazer, was under me-this (produced) is a copy which I made of a notice which is affixed to the Pont Street bar—(This stated that sheep, cattle, and heavy carriages were prohibited from passing through the bar under a penalty of 40s.)—the men come on duty in July at 7 o'clock a.m., and go off at 7.30-after which there is no one in charge of the bar, and during the night it is locked up open, so as to admit of any vehicle passing—there is a lamp post on the opposite side to the sentry-box, and a catch in the lamp post—the bar is always open except' when it is necessary to stop anybody—I know that the notice was legible at that time.
Cross-examined. People could read it 50 yards off—It was the man's duty to be on guard at his post, so that he could see up and down the street, what heavy traffic was passing, in order if necessary to have time to fasten the bar to the catch—the bar only swings one way—he ought to-be on the alert to perform his duty.
JOSEPH BLAY . I live at 24, York Street, Westminster—I shall be fifteen next January—I was at the corner of Pont Street, about 6.30 or 7 o'clock, and saw one of Pickford's vans coming up very quick, and the bar man went to close the bar, and the van knocked him down, the wheel went over his head and he was killed, the driver then whipped the horse and went 100 yards and then stopped.
Cross-examined. The man was coming towards me—I saw the man go from the pavement to the bar, there was nothing to prevent my seeing him move—the sentry-box was not between us; I saw him standing on the right-hand side by his sentry-box, which was between him and the driver of the van-when he first moved to go to the bar the van was 10 yards off the bar; he then pushed the bar to, and it was three parts shut when the van struck it; I saw the driver tighten the reins as if to stop hitting the bar; I did not hear the deceased make any noise—the bar caught the horse on the chest, which startled the horse, and after that I saw the driver raise his whip, and I am sure he he touched the horse, that was after the horse was frightened by striking the bar—I did not notice a boy on the tailboard of the van—I saw the van pull up, but I cannot say that the driver stopped it, I was looking at the deceased—I heard the prisoner tell the policeman he was very sorry—he seemed sorry and very unhappy—he said "I wanted to come through, but he would not let me, and I accidentally ran over him
as far as I can say the prisoner tried to pull up and prevent the accident.
Re-examined. I did not hear the deceased call out; I am a little deaf.
JOSEPH CHAMBERS . I am a butcher—I was standing outside my master's door on the evening of 29th July and saw the prisoner driving a van opposite me—I was 15 or 20 yards from the bar—I was attracted by the noise, turned round, and saw he was driving quickly—I saw the deceased in the road with the bar in his hand, pushing it to shut it, and it was three parts shut when the horse struck it, the man was knocked down and both the near wheels went over his head—the man went on and stopped 100 yards off.
Cross-examined. The van was driven with a strong horse in good condition—the van had half a load in it-my master's shop is between Pond Street and Little Cadogan Place on the off side—the bar was shut towards me—I never heard the barman cry out or make any signal by noise—I turned round as the van passed, and followed it with my eyes till the accident happened—I did not see the barman run out, the first I saw of him was just as he had hold of the bar in the road—I do not know where he came from, if he was at the door of his sentry-box he would be hidden from my view-the horse appeared to be forced to the side of the road away from the deceased towards the lamp post, but I cannot say whether the prisoner did that—I did not see the horse start when he was struck by the bar—there was a boy on the back of the van-we close at 8 o'clock—I cannot say what time the bar is open for traffic, the bar is open at night and anything that comes is unchecked—I have seen carts and waggons go through after the barkeeper has left, it is then used for all traffic-this happened at 7.15 or 7.30—I did not see the carman whip the horse at all.
By THE JURY. The noise I heard was the rattle made by the van, it was a heavy van, and I turned round to see what was coming.
ADAM MUTTER . I am a baker, of 107, Waller Street-on the evening of 27th July, at 7.15 or 7.30, I was standing with Chambers at the butcher's door, and saw a van coming down Pond Street at a goodish pace—the barman ran across with the bar in his hand to close the road—the horse ran up against the bar, which knocked the man down, and both wheels went over his head—I was 18 or 20 yards from the bar—the horse then went on through the bar and into Chesham Place.
Cross-examined. The deceased came from behind the sentry box, he was between the sentry-box and the van with the bar in his hand, and as far as I can judge, the prisoner had not time to pull his horse up after the barman came out to close the bar—the deceased ran as fast as he could to shut the bar, I did not see or hear him give any warning to the driver of the van—the horse was forced to the off side for some reason, and it appeared to me that the driver was pulling on one side to avoid striking the man—I saw a boy on the back of the van—the prisoner was driving at a goodish trot, but not furiously or recklessly, in my opinion; I never saw him use the whip—I was stranger to him up to that time, but having seen the accident I offered to become bail for him at the police-court.
Cross-examined. The defendant was quite willing to go to the station, and arranged with me for having the van taken home—he was sober and very much distressed—he said that he did all he possibly could to stop the horse when he saw the man come out.
this bar; my husband is a fruiterer, on the opposite side to the butcher's our house is on the left, looking towards the bar-on 27th July, between 7 and 8 p.m., I was against my counter and saw through the window the prisoner whipping his horse-his driving so fast drew my attention—he had not quite come up to the window when I saw him.
Cross-examined. I heard of the accident between 7 and 8 o'clock—I think I said before the Magistrate "I do not think it was as late as 6.45"—ours is a corner house, at the corner of Little Cadogan Place—the next street the way the van was coming, is Cadogan Place, and the next is Sloane Street, our shop is here (pointing it out in the plan)—It is on the same side as the sentry box—there are three windows in our shop, and they all look on to Pont Street—I went to the door, but the van had passed then—I saw the horse whipped before it got to the bar—I saw the whip raised—I cannot say whether a Hansom's cab was following the van when it went by, but there was one when the man was picked up—I did not see George Cator driving a Hansom's cab behind the van—It was in consequence of hearing of the collision that I went to the door—I was not called at the Inquest—the police sergeant came to me, and he might have asked me what I could say—I told him that I did not see the accident and did not wish to come up, but he said that I must—the driver was sitting in front of the van—I may have said before the Magistrate "I cannot tell you where the driver was sitting"—I said that I could not see his face—I cannot identify the prisoner—I saw a boy in the van.
GEORGE CATOR . I am a cab driver, of Pimlico-on 27th July in the evening, I was in Pont Street, following about 15 yards behind a van which the prisoner was driving, and going at the same pace as he was, which was about five or six miles an hour—I saw the' bar, and when he was 12 or 15 yards from it, I saw the prisoner's whip flourished, but on account of the boxes on the van, I could not see whether he hit the horse, but I saw the whip go down—the bar keeper ran out with the bar in his hand, and it was about three-parts closed at the time the prisoner reached it—the deceased raised one hand as he caught the bar with the other—I saw the deceased fall, and both the near-side wheels went over his head—I saw a boy sitting in the back of the van.
Cross-examined. The bar keeper ran out in a hurry to close the bar the action of holding up his hand was hardly distinguishable from that of pushing the bar—I have driven horses for five years, and I believe I am a judge of pace—It was impossible for him to pull up his horse and avoid the accident, considering the short notice he received from the bar keeper-the van was I should think 12 yards at the utmost from the open space when the barkeeper ran out—the man was hidden by the sentry-box, and I could not see him till he was in front of the bar—I cannot say whether the flourish of the whip was as he was trying to pull up, but, as a rule, they flourish the whip to stop anything—I took it as a signal that there was danger ahead the bringing the whip down would be done by bringing his hand on to the reins-as the van passed the bar the prisoner pulled on one side—I did not notice whether the horse went faster when the bar struck his chest-when the van had got some distance down Pont Street, I saw the boy speak to the driver, and as soon as the boy spoke to him he pulled up-a gentleman, whose name I do not know, was a dozen yards from the van, when it stopped but he did not stop it, and he and the prisoner came back together-the prisoner was' perfectly sober—In my judgment, as a driver, he used every
precaution to avoid the accident—I have no doubt about it—I am a perfect stranger to him and to all the witnesses—I saw the policeman, and volunteered to give my evidence—I was at the inquest on one occasion, and was at the police-court—I told the policeman that I did not think the carman was to blame, and I should like to appear and tell the truth.
Reexamined. I cannot recollect saying before the Magistrate that when he was 50 yards from the gate he hit his horse; I may have—he held his whip up, I saw him hold his arm up, but cannot say whether he hit the horse; he did so first about 50 yards before he got to the gate, and then 15 yards—I cannot remember whether I said that the horse went faster after the prisoner struck it and I do not know whether it did—I have not mentioned to-day about his raising his whip 50 yards from the bar, because I was not asked the question-that was before any one appeared at the bar.
JOHN BADEN . I live at 9, Blackland Terrace, and am a greengrocer's assistant-on 27th July, about 7.15 or 7.20, I was standing outside Mr. Catchpole's shop in Pont Street, 30 or 35 yards from the bar, and saw a man coming in the direction of the bar at the rate of about 7 miles an hour—I could see the bar, and I saw the man attempt to close it, he had got it about three parts to, when the horse went against it and knocked the old man down and the wheel went over his head—I went to his assistance and went for a doctor, but. he was not at home.
Cross-examined. The van was about 12 yards from the gate when the old man ran out—the prisoner pulled the reins as hard as he possibly could and pulled the horse on one side; he was pulling the reins when I saw him, and I thought the horse had bolted with him—I saw the bar knock the horse I saw no whip used—the prisoner said that he was very sorry.
By THE COURT. I thought the horse would bolt with him, because he was holding the reins so tight.
FREDERICK HALE . I am a greengrocer's assistant—I was standing with Baden outside Mr. Catchpole's shop at 7.15 or 7.30 and saw the van coming along, and when it got within a short distance of the bar the deceased ran out with the bar and got it about three parts of the way shut when the horse struck the bar and knocked the deceased down, and the near wheels went over his head.
Cross-examined. The old man ran out in a hurry with the bar.
Re-examined. I have often spoken to him; his age was somewhere about fifty—I did not see the prisoner whip his horse.
FRANCIS MANNING . I live at 4, Pont Street, Chelsea—I had been speaking to the deceased about ten minutes before this and was standing about 15 yards from his bar at 7.15 or 7.20, looking towards the bar and saw him take the bar in his hand and go across the road—the van then dashed up and knocked the bar out of his hand, he fell under the wheels and they went over his head—I did not see him put up either hand.
Cross-examined. He could see through a small pane of glass in the sentry-box, what was coming—he was leaning with his back against the seutry-box and then he ran with the bar in his hand to stop the van—there was plenty of time for the van to stop, but he did not seem to slacken his speed in the least—the bar keeper gave him quite sufficient time to stop, even at the pace he was going; I am perfectly certain of that—I gave my evidence at the police-court, but I did not attend to be bound over—I never knew of the adjournments—If the constable had not called on me I should not have come here
today—I may have said at the police-court "There was no possibility of stopping the van, it was going at such a rate."
WILLIAM CATES . I was a gentleman's servant in July, and on the evening of the 27th, I—was in Pont Street, and saw a van driven by the prisoner—I was standing at a little grocer's shop, near the Bedford public-house, 30 or 40 yards from the bar—It was going at first, I should think at the rate of 6 or 7 miles an hour, and it afterwards went faster-when he first came out of Cadogan Place, 60 or 70 yards from the bar, I saw him flourish his whip in the air; I could not see that he used it, but the horse then went faster-when I first saw the bar keeper, the van was 40 or 50 yards from the bar—the bar keeper put his bar to within a yard, or half a yard, the horse came to the bar, the man was knocked down and the wheels went over him.
Cross-examined. I am not a friend of any of the witnesses more than just to say "Good morning"—I was not called at the inquest—I volunteered my evidence, but did not go to the police-court, until I believe the last remand-Sergeant Payne came to me on Monday, after the last remand but one; he asked me if I had seen the aceident—I said "Yes," and he asked "me to come to the Court on the Wednesday and give evidence—he did not' tell me what had taken place on the last occasion before Mr. Arnold Manning knew my address, I live next door to him—I did not know-that he had given his evidence before me—he did not tell me that he had been to the police court—I do not know that I saw him the whole week—I swear that he did not tell me what Mr. Arnold said at the police court—I think I heard that the case was adjourned for a gentleman to attend who had seen the accident, but I do not know who he was—I did not hear that before my evidence was asked for, Mr. Arnold said that it was as near an accident as possible; before he adjourned the case for that gentleman's attendance; I swear distinctly that I did not see Manning or drink with him, between Monday when Payne spoke to me, and the Wednesday when I gave evidence-we have had lunch together and drank together, but I am no more a friend of his than one servant is to another—I will swear that I did not see the police-sergeant, between the Monday and the Wednesday—I did not know Mrs. Catchpole, till I saw her here the other day—It was in Pont Street, that I saw prisoner flourish his whip—If he was holding his reins he might have his whip up to stop anything suddenly—I did not say at the police-court "The horse was going at the rate of 8 or 6 miles an hour," nor did I say "I don't know the meaning of cantering"—I did not correct my deposition as to the pace—I have spoken to Manning about this since I have been at this Court-no one has told me how my expences will be paid, and I do not care whether they are paid or not—I know that Messrs. Pickford, the large carmen are the prisoner's masters—I have not heard that an action is to be brought against them for negligence, by the deceased friends.
JOHN PECK . I am a groom on the evening of 27th July, from 7.5 to 7.25, I was in Pont Street, about 30 yards from the bar, and saw a van with one horse-my attention was first attracted by the prisoner, who was the driver, whipping his house, and he passed me at a faster rate than he was going at when I first saw him—the bar keeper had left me about three minutes before and had been talking to Manning, and when I saw him again he was pushing the bar to—I did not see him knocked down, but I saw him down and saw the wheels go over him—the van stopped, I consider about 80 yards past the bar.
Cross-examined. I think the rate the van was going at diminished as it got to the bar, as if the driver was trying to pull it up to the off side when it got near the bar-that is the fact.
The prisoner received a good character.
GUILTY.He was strongly recommended to mercy by the Jury, but HENRY WARD, Sessions officer, stated that he recognised the prisoner as having been sentenced to twelve months' imprisonment for larceny in 1874, which the prisoner admitted, and Charles Gogarty, a bar keeper, at Eaton Square, stated that the prisoner drove through his bar at a furious rate, about ten days before the manslaughter, calling out "Clear away you old b, or I will run you down," but the prisoner denied ever going through that bar— Twelve Months' Imprisonment.
MR. DENNISON conducted the Prosecution.
GUILTY of the attempt — Twelve Months' Imprisonment.
OLD COURT.—Wednesday, September 20th, and Thursday 21st, 1876.
Before Mr. Justice Field.
MESSRS. STRAIGHT and HORACE AVORY conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS the Defence:
HENRY TAIT MOORE . I live at Enfield House, Tottenham—I am superintendent to Messrs. Beck and Pollitzer, of Brooks's Wharf, of which they were managers for Mr. Robert Warner, they were also proprietors or occupiers of Upper Brooks's Wharf, next to it-this plan (produced) (marked A A) is a correct plan of the premises of Brooks's Wharf, the ware-house is—divided into three blocks, marked here A B and C; those are bonded warehouses—the part behind is not bonded—the bonded part extends to the basement, but does not include the boiler room, that is below ground, underneath the archway-A and C consist of seven floors and a basement, and B of six floors on the land side, and five on the river side—there is a communication between A and C on all the floors across B, by an opening, which is closed by iron doors, which slide to—there are two doors on each floor, and there is an opening of about 4 feet between each door—the doors do not meet, they overlap each other, so as to form a double protection against fire—there are three openings on each floor between B and A, which are not protected by iron doors, that is so all the way up there are small arches, but no doors—the access from the outside is by a staircase, through C, it is an opening into the loading area; that staircase runs right up to the top in C—there is no communication to B, except through C by the iron doors-you have to go through C and B to get to A up that staircase; there is no other staircase—there is no staircase in A only to the ground floor—It is called the ground floor, but it is about 6 feet above the ground, and therefore it necessitates a staircase up to it-the boiler room is underneath the archway, there is a communication with that from the outside-when the door in C is fastened there is no access to the premises, except to the ground floor of A, and that would be locked at the same time by the Customs authorities—there are four engines, two of which are in C, one in B and one in A—there' are two boilers below, which communicate
with the engines on the second floor—the engines are enclosed in engine boxes, they are Nos. I and 4 in C-No. I is at the back, and No. 4 in front-No. 3 is in B at the loophole, facing the river, No. 2 is in A by the loophole at the side, looking towards Southwark Bridge—the steam communication runs through the first floor to those engines—there is a stop cock by which the steam can be shut off on the first floor; that shuts off communication with all the engines, but it must be turned off in the engine boxes as well—there is a stop cock to each pipe in each engine box on the first floor, when that is shut off, no steam gets to the engine—It is not necessary to turn it off at the engine box, but we always turn it down as an extra precaution-at the time in question in the basement and ground floor of C, wines and spirits were stored-B has no ground floor—the second floor is the Colonial floor-on the first floor were teas; on the second floor straw boards, in bundles, bales of gunny, hydraulically pressed, with four or five iron bands round each bale, some cases of mother-of-pearl shells, and one case of gum benzoin; those were all in C and on the third floor, and all above there was nothing but tea-on the first floor of B there was tea, on the second floor, pressed packed bales of gunny and lac dye in wooden cases, and on all floors above that, nothing but tea—In the basement and ground floor of A, were currants and raisins, bales of gunny, and a few bags and cases of sundry goods: on the first floor, tea; on the second floor, coffee in casks; and on the third floor, and all above, tea—the case of gum benzoni was by the front engine bos, No. 4—It is there now, as shown in this photograph, marked A E; I have seen it there since the fire, it is an ordinary wooden packing case lined with tin and bound together by nails—the prisoner was the engineer; his duties were in the boiler house and in the four engine boxes on the second floor—he had an assistant named Buckle—It was the prisoner's duty to see whenever the engines required any oil—he started the engines from the boiler house, by a verbal signal from above-that was Howe's duty, he worked the cranes; he worked any one that was required we seldom required all at once—the prisoner's duty would take him to the engine box once in the course of an hour, I should think, to see that the machinery was working easily—If the crane was not working he would not be required to go there at all—he kept his fitting tools in the boiler house; he would take them up as he wanted them-his hours were from 8 a.m., until the cranes ceased working, which was generally at 4-on Thursday, 15th June, there was only one crane at work, that was No. 3 in B, and that stopped work about 2 o'clock-after that he would do any small repairs that might be wanted in the boiler house-his duties would not take him upstairs in the ordinary course—I saw him between 1 and 2 o'clock that day in the boiler house—I told him there was a leakage of steam in the basement. of C warehouse, and told him to repair it—he said "I understand you are going to get another engineer and you had better get him to do it;" and as he was leaving he said "I shall serve you out in a private sort of way"—hat was all that passed—I saw no more of him before the fire, I returned to the warehouse; my duties lead me all over the place—I was away at the time the warehouse was closed that day—I did not see it until after the fire had broken out; Coombes the foreman and Buckle told me of it—I was then standing in High Timber Street at a few minutes to 5 o'clock—I went down to the wharf by the archway and saw smoke in dense volumes coming from a window in C warehouse, facing the loading area—I immediately went under the archway down to the river, and saw smoke and flame
issuing out of B warehouse loop-hole in the second story—I then came back and saw smoke issuing out of B warehouse on the land side, out of the second floor loop-hole-after I had seen the smoke issuing out of the window of C, and before I went to B, I sent Coombes the foreman off for the fire engine, and went over to Messrs. Beck & Pollitzer and informed them of the fire—it was not more than five minutes between seeing the smoke from C and seeing the flame from B front—I stayed on the premises—the engines came down with Captain Shaw—the fire spread very rapidly from the first; it was burning all night-about 8 o'clock I was in High Timber Street and saw the prisoner and his wife, he seemed to me partly intoxicated—he was coming down towards the wharf from the west end of High Timber Street—he said to me "A nice mess you have made of it now"—I took no notice but passed on to Upper Brook's Wharf, that is the adjoining premises—I saw him again between 11 and 12 o'clock just behind the office, he seemed intoxicated and rather quarelsome—I told him to leave, that he was not wanted there; there were several persons there, some of them strangers, Coombes was one of them—I spoke to the lot generally—he left and I saw no more of him that night-next day the fire burnt on and caught Upper Brook's Wharf and burnt that out-the floors all fell in, except the first and second floors in B, they were left-two or three days afterwards I went in and saw the gunny cloths, the bales were burnt at the edges and about 4 inches into the stuff; that applies to all that I saw, every bale was more or less burnt at the edge—the cases of lac dye were broken by the action of the fire and the contents scattered about; the engine box was destroyed—I did not at that time observe the condition of the floor of the engine box-about three weeks or a month after that I noticed that the floor was charred; the fire seemed to have run along by the bales, as represented on this photograph, it extended for about 6 feet round the base of the pile of gunny bags; there was a space of 3 or 4 inches between the charring and the gunny bags—there were marks as if the flooring had been burnt in a line, starting from the engine box near the doorway; it was thicker and wider at that end—the floor of the engine box itself did not seemed charred—I first noticed the gum benzoin three weeks or a month after the fire, I found it intact—Isaw the straw boards a few days after the fire, they were burnt at the edges; the cases containing the mother-of-pearl shells were partly burnt, the shells were left; about three weeks before the fire I was present at a conversation between the prisoner and Collins; the prisoned said to him "You accuse me of stealing tea, do you?"-Collins said "I have not, but if I did, perhaps I should not be far wrong "—the prisoner then struck him two blows—I told him I could not tolerate that conduct, I should have to report it to the firm—he said nothing in reply to that—I did report it, and in consequence we advertised for another engineer-we had persons come in answer to that advertisement—I did not give the prisoner any official intimation of that—It was the duty of Howe and Attfield to close the iron doors; if Howe was working the crane Attfield would have had to do it himself, at other times they would assist each other, just as they liked-that applied to all the iron doors except on the second floor, that was the duty of Coombes, the foreman, because colonial goods were stored in that floor, and he was in charge of that floor; it was his duty to close those doors or see them closed as soon as we were going to shut up—they would commence at a few minutes to 4 o'clock, there was no fixed time, 4 o'clock was the time for the people to go away-we have to pay for overtime if the warehouse is not
shut by 4 o'clock—I only know about the closing of the doors on this day from what has been told me since—I saw them on the Saturday after the fire-this photograph (A B) represents the condition in which they were then-on the fourth floor the doors were open, on the second floor they were half open, and on the first floor they were wide open; they were all wide open except on the second floor—I have often seen the doors. being closed, they run easily.
Cross-examined. I am rather young for the position I occupy there—I am twenty-two years of age—I have been there about five years, the prisoner has been there seven years, during the time of the present owners, and their predecessors—he did not behave impertinently to me on the occasion of the row with Collins—he accused Collins of stealing tea, I did not inquire into the matter-Collins accused him first, I am sure of that I had reason to be dissatisfied with Coombes, in consequence of missing some sultanas-his wages were to have been raised, and in consequence of missing the sultanas they were not raised—I think that was about a week previous to the altercation with Collins—I have no recollection of the prisoner having said that some of the men were a d——set of theives and the firm should know of it—I will not swear he did not say so in my presence, but I have no recollection of it—I did not say anything before the Magistrate about the floor being burnt in a particular way—I was examined three times, there were five or six hearings—I did not discover it, it was pointed out to me—the prisoner would bring up the oil to oil the engines in a small can from the boiler-house, he would not have a can for each engine box, he would only have one for the whole—the chain of the crank would have to be greased—I believe the engines had ceased to work at 2 o'clock on this day, I could not swear it positively, but as far as my memory goes they did—I do not understand anything about the engineering department—I don't know what "packing "the engine means—I know that it cannot be done while the engine is at work, it is to stop a leakage; in order to do that, the prisoner would have to go to the engine box while the engine was not at work—there is a tool used by him called a spanner—I don't know that on that day he left the spanner in one of the engine boxes; the materials kept in the warehouse are entered in a book called the housing book, it is here, it is kept by one of the clerks in the office—the store room is at the corner of the yard, next to the office near High Timber Street—there is a store room on the second floor in C, that contained hessian (which is a kind of gunny stuff used for packing canvass), rope, and string, paper bags and old tea lead—the hessian would be in rolls, it is a kind of canvass made of jute—there was no quantity of it in the B warehouse, there was some on the ground floor, I don't think there was any on the second floor, I would not swear it-Palmer was the sampler, he is here, he was under foreman to Coombes-a man named Frost was gatekeeper; there was no gate for him to keep, he kept the entrance to the wharf, to keep strangers out; he is here-Thomas Wallis was a casual labourer taken on when required, I could not say whether he was employed on the day of the fire; the labour books are here and can be referred to; I could not swear as to the men who were employed that day—I am perfectly well acquainted with the iron doors and their working; they were never locked, they work on wheels, they do not require more than one man to move them; one man can move them easily, I have moved them myself; there are two doors, one on either side of the wall, one pulls one way and one the other, they cover each other
when closed—It may have been seven or eight weeks before the fire that I saw them closed, they were working properly then-Robins, the carpenter, would see to their repair—the first time that I knew of the doors being open was two days after the fire-Attfield had charge of the gas all over the premises—there are two meters, one in the basement of A and one in the basement of C, and there is gas all over the premises, all over A, B, and C, on every floor; there is only a gas jet on one staircase, that is the one leading to the first floor of C—there are gas jets on every floor—it was Attfield's duty to report to Cook that the gas was out—the only complaint I am aware of about the gas was that one jet was left in the office one night, about two years ago; I have not known of any other—there was gas in the store-room at what is called the watchman's box which was not properly connected with the main, that was a fraud on the company, but I did not know of it till four or five days ago; the prisoner never mentioned it to me—the prisoner came daily to the premises after the fire, up to 23rd June, he showed no anxiety to leave—It is the duty of the man who shuts the doors to see that there is no one on the premises—I never heard of a tea chest taking fire from a jet of gas—I have never heard of the doors being left open—It was in Buckle's presence that the prisoner said he would serve me out in a private sort of way-to the best of my belief it was a few minutes after 5 o'clock when I discovered the smoke, I could not fix the time-this matter was inquired into before the prisoner was given into custody; the inquiry was conducted by Mr. Beck and myself; I took down the men's answers, Mr. Beck asked some questions and so did I-we did not examine all the men who were on the premises the day of the fire-Thomas Wallis was not working on a crane that day, not according to this labour book; it is kept by different foremen, that day it was kept by Brown, under the superintendence of Coombes, he is not here—I could not say of my own personal knowledge that Wallis was not there that day-according to the labour books Thomas Daley was not there that day—the wages are paid according to these books; I have not got the wages book here-this book contains simply the names of the casual extra men; the wages book is a copy of this—the casual men are paid daily.
Re-examined. Brooks' Wharf was originally in the occupation of Messrs. Cousins Renshaw and I was in their employ—I became superintendent last November, I had worked my way up from a clerk—the gas jet was in the office outside the bonded warehouse, and was connected directly with a pipe leading to the main and not through the meter, I did not know that until inquiry was made about it at the Mansion House, I was told of it by Buckle that morning; since that it has been set right—the distance from the outer office is nearly 200 feet—the store room on the second floor in C is practically untouched by the fire—the gas jet that was left burning in the office was some two years ago; that was inside the bonded warehouses, I did not see it buring; the police made a report and wrote to us on the subject—I had not seen the charring of the floor in B when I was examined before the Magistrate; it was not examined until after the committal-the leakage of steam that I complained of on the afternoon of the 15th was in the basement of C.
FREDERICK HOWE . I live at Lake Cottage, Snaresbrook-at the time of the fire I was in the employ of. Mr. Warner, at Brooks' Wharf—I had been in his service from four years to four and a half—I was well acquainted with the whole of the premises—It was my duty to work the cranes on the
second floor, and all the floors above—I bad not to look after the machinery, only just to turn the steam off when we had done—there were three cranes in front and one at the back-on 15th June, I was at work at crane No. 3, in B on the river side; that was the only steam crane that was at work that day; there were hand cranes—I left off working the crane at 2 o'clock-first, I had to shut off the steam in the engine box in case of accident, that was my duty—I am quite sure I did that; I then went to the first floor and shut off the steam there—It was my duty, in conjunction with Attfield, to close all the doors communicating between C and B, with the exception of the doors on the first floor, a foreman named Bass does that, and it is Coombes' duty to close those on the second floor-on the afternoon of the 15th, at 3.45, I was at the door leading onto the stairs on the second floor in C, it is a wooden door, opening directly on to the stairs; it is never closed—I saw the prisoner coming from No. 3 engine box through the iron doors on the second floor, he came towards me, and went downstairs, he passed me, I went upstairs to the third floor, and he went down—I told him I had turned off the steam—he said "All right!"—I closed the iron doors on the third floor, and then went to the fourth floor and closed the iron doors there; they would not go quite close, because they were rather out of repair on the third floor, they were all right on the fourth and fifth, I went up and closed them-on the fifth I found three men at work on a hand crane dropping goods down, I know one of them was James—I then returned to the second floor and there found Robins, I helped him in getting a board out of a stack of deals, they were just inside the store room in C; they were kept thereto mend chests of tea, or anything that was required—It was then from about 3.55 to 4 o'clock-while doing that, I saw the prisoner again, he came upstairs on the second floor through the doorway, and went in the direction of No. I engine box in C, by the loop hole—I could see the engine box from where I was; I could not tell whether he went into it or not, you could not see the door open, it was just round the corner, he went in that direction—I remained there about two minutes after he had passed me—I then saw him come out of No. I engine box and go into No. 4 on the same floor fronting the river-Robins and I then left that floor, leaving him there Robins went downstairs, and I went up to the top floor—I there found Attfield doing some work, I waited till he had finished; he was wiping out the hand crane that they had been using in the day—he and I then closed the iron doors on the top floor, they worked on rollers; they did not work very well, they were rather out of repair, the stones had dropped along where the wheels ran-we could not get them quite close together; one would go close, and the other would not, because the stone had dropped on one side—I am sure we closed them as far as they would go—I and Attfield then went down to the fifth floor, and closed the doors there; they closed easily and properly—I saw the three men out of that floor, and followed them downstairs, and they went out-as far as I know, I left everything safe upstairs—there was no smell of fire—It was about 4.15 when I got to the bottom of the stairs—In coming down, I did not go into the second floor, it is not my duty to go there-on, my way down, I turned out three gas burners, one on the stairs, between the ground floor and the first floor, one in the delivery office, and one in the Customs locker office, opposite the delivery office on the first floor in C—there was no other gas alight, I am quite sure—there had not been any gas burners lighted in the ware-house that day; I am able to say that-after putting out the jets, I turned
off the warehouse meter, that is behind the door, just as you enter the ware-house from the yard, just inside the bonded door into C-that is not the meter for all the three warehouses—there is one in the basement on each side, one for C and one for A; half B is supplied through A, and half through C—I did not turn off both meters, only the one in C—I am quite sure that I turned off that and the jets securely and properly—I did not see the other meter turned off by Attfield, but the locker did—I did not smell any gas escaping—I went out at the bonded doors—I then went into the office to get the keys to lock the door; I was away about three minutes-Attfield went to turn the gas out on the other side, and down in the basement; that left the passage clear; when I came back, I did not close the doors directly, because Mr. Wickham Jones, a representative of the firm, and Mr. Cooke, the foreman, stood talking outside two or three minutes, and then went into the offioe, and remained there about five minutes; I remained at the door, Attfield had rejoined me at that time, and remained with me—I had got the keys-Croker, the Custom's locker, was with me-we three remained there till Mr. Jones and Cooke came out of the office inside the bonded part, and the doors were then all finally closed and locked; there are two doors, and the Custom's locker put his padlock on and locked them I hung the keys up in the office, in their proper place; the locker took his keys with him—It was 4.25 when I had completed—I then went home by train to Snaresbrook—I heard nothing about the fire until 6 o'clock next morning-(looking at photograph A D) I see the iron doors as they appear here; that was not the condition in which I left them, or anything like it—I cannot say whether they could have got into that condition without being purposely moved back; they would not move by their own weight; they could not fall back unless they were touched-about three weeks before the fire, I heard the prisoner say on two occasions that "When I go, all the b-lot shall go"—It was not said to me, but to other persons as I passed—I don't know how it arose—I did not hear what led to it—I don't remember to whom he was talking—I don't know of any engineers calling at the premises.
Cross-examined. When I passed down at 4.15 there was no smell or sign of fire whatever—I did not smell any paraffin or anything of the kind-when I saw the prisoner in the first engine box on the second floor it was 3.55, I saw him coming from the direction of the engine box No. 3 in B at 3.45; there is only that one engine box in that floor; I did not see him go into it—the upper portion of the engine boxes are of glass and the lower portion of wood, about half of each; you could see anybody inside the box—I saw him go in the direction of No. 4 box, I did not see him come out—I stopped up on the top floor until the men had done working the crane, that would be rather better than 4.10, I then came down-at that time everything was safe-Coombes was not one of the men working the crane, he was foreman, he was not there; they were three ordinary working men—I can't tell what time they went off the premises—they went down to work in the yard after I left; they left the building, it was locked up at 4.15—I was away at 4.25—nobody could get out at the door after that, they could through the loop holes, they could manage to get down by means of the guide rope—I was away for three minutes getting the keys; that was after 4.15 and before 4.25—there was nobody downstairs in the basement that I am aware of the watchman's box is up at the top of the yard—I got the keys from the office-Brown, a clerk to Coombes, the foreman, was in the office-any person
coming out during the three minutes, would have to pass by Brown if they went off the premises altogether-with the exception of that three minutes I was outside with Attfield, and must have seen anybody that passed out—I did not see the prisoner after 4 o'clock when I left him on the second floor—I saw Croker put the locks on at 4.25, the same time as me—I looked at my watch when I left, I always do—I said before the Magistrate "I left the premises at 4.25, if there had been any fire in the engine boxes I believe I should have smelt it," I say the same now—I also said "It is not an unusual thing for an engineer to go into the engine boxes when they are not at work," that is so—It was not unusual for the prisoner to go and wipe the engines over and get them ready for work next morning—If the prisoner was out of the premises at 4.25 he must have come out. before me—there was gas in the boiler room, I don't know whether that gas was supplied by the meters it might be supplied from the warehouse meters or from the main—I don't know at what hour it was left burning there, or whether it was burning or not—I don't remember any complaints being made in the time of Cousins & Reushaw about my having left the doors open, there were none-Mr. Renshaw gave me a week's notice, but not on that account, it was for mistaking tallies of tea in landing—he used to come at 8 o'clock in the morning before me—he did not come eighteen months before and find five sets of the iron doors open; he made no complaints to me and I heard of none-the doors have been repaired, I could not say when, they have been repaired in the present owner's time; some of them were out of repair at the time of the fire-each door would have to be separately closed—there would be fourteen doors altogether to be opened.
Re-examined. During the three minutes I was gone to the office to fetch the keys there was nothing to prevent anybody coming out through the doors of the bonded warehouse and going into the boiler room—the door of the boiler room is on the quay; they would have to go through the archway—you come out from the boiler room on to the quay, you can go all along in front of the quay, you would have to pass the gatekeeper's box.
By ME. WILLIAMS. When I went for the keys Mr. Cooke and the Custom House officer were not waiting outside for me, the Custom House Officer went down to Attfield to turn the gas off, and Mr. Cooke had gone up the yard; Mr. Jones had called him—I left Cooke in the yard talking to Mr. Jones, half way up the yard—he would see if anybody came out, if he had his face turned that way he would see anybody that passed him, or anybody who went up the yard.
By THE COURT. They need not have gone up the yard to get out, if they went down on the quay they would go in a contrary direction-you would have to go straight up the yard or jump on the shore—I can't tell the height, the building is flush against the water at high tide, so that barges can come close up; at low water the shore is left.
By ME. STRAIGHT. Supposing the prisoner had come through the bonded doors he could turn round and go under the archway, and so to the door of the boiler room, in a contrary direction to where Mr. Jones and Cooke stood—In coming out of A the boiler room door would be on the right, it is near the front to the water, near the archway—the yard is of considerable length.
EDWIN ARTHUR BRASSEY CROCKETT . I am an architect and surveyor, of 16, Mark Lane—I prepared this plan of Brooks' Wharf, it faithfully and accurately represents it, to a scale—the frontage of the C warehouse is about 33 feet from the centre of the party wall, B is 26 feet, and A about 37—the
average depth of the warehouses is about 83 feet from the river front to the land side of A, B, C, and D-this is not a plan of the upper floors, only of the ground floor, it does not show the windows of the upper floors-the distance from the loophole in the river front of A to the angle of the loading area, as the crow flies, from the Custom House doorway to the entrance of the boiler room door, is 67 feet.
WILLIAM BUCKLE . I live at 2, High Timber Street, Thames Street-at the time of the fire I was in the employ of Mr. Warner—I assisted the prisoner generally, and also acted as watchman after the premises were closed; it was my duty when they were closed to look round and see that all was right—I was on duty as watchman from 4 till 8 o'clock, then there was a night watchman-on Thursday afternoon, 15th June, I was assisting the prisoner in the boiler room-about 10.30 that morning he went out—I saw him when I returned from dinner between 12 and 1 o'clock, and I told him that there had been a man after his situation; I don't think he took much notice of it-at 3.30 I saw him in the boiler room and toldhim again "There are one or two men after your place"—he said "I will go up and see them"—he went up—I don't know whether he spoke to anybody or not-steam was not up then—I think I turned No. 3 crane on about 9 or 8.30 in the morning—I did not turn it off, only from the main engine room—I can't say when I ceased feeding the boilers, I was not there all day, the steam was off when I went down and told him about the man calling; the fire was out—there are two boilers—the prisoner went up once or twice at 3.30, I don't think he was absent more than ten minutes or quarter of an hour, I could not say for certain—he came back about 3.50 or 3.45—he went up again leaving me in the boiler room—he showed me how to undo the nuts of some tubes in the boilers—I think that was about 4 o'clock—he did not say where he was going, he had nothing with him that I know of, no tools, or can, or anything in his hand that I am aware of—I don't know that anything wanted to be done, no further than going up to see that everything was right, he generally did that of an evening, to see that the engines were all turned off before he went away—he was absent twenty minutes I should think, I can't say to a minute, or five minutes, it may have been a little more or less—he then came back to me in the boiler room and asked me if I would have a glass of ale—I said yes; that was the habit after work, and we went up the yard together, he took off his jacket and put on his coat—It was about 4.30, as near as I can say, when we went up the yard-we went to the King's Head and Lamb in Thames Street and had a glass of ale, and as we came out again I saw the prisoner's wife coming along Thames Street, and we went in again and bad another glass of ale-we were in the public-house, I should think, a quarter of an hour—I then left and came away—I was looking up at the G ware-house next the stores, when the boy Eade came up and spoke to me, and I went through the archway on to the quay as far as the water's edge and looked up in the direction of the second floor of B warehouse and saw smoke coming from the loop hole of B-that was about 4.50-on seeing the smoke I ran and gave the alarm to Mr. Moore, he was at the top, turning round to come down the yard from the office—I then went up into Thames Street and gave the alarm to the police; that did not take me a minute—I went back to the quay and saw Palmer beckoning and calling to the float to come; I did not see it come, I went up the yard again, and after that I and the gatekeeper kept the people back from coming down-about 8.30 that evening I saw the prisoner, I did not speak to him or hear him say anything-about
three weeks before the fire I heard him say that Collins had accused him of stealing tea, and that Collins had given it to him; he called that out to Collins—I did not see the row-on the Saturday after that he said to me in the boiler room "If I go, all shall go."
Cross-examined. What passed about some engineers coming after the place, was in a joking way-when he told me about cleaning the boiler he said "If you set to work and clean the boiler I will show you how to do it, and as I shall be paid for doing it in the morning we will share the money between us"-when I left at 4.30 I left Frost, the gatekeeper, on the premises—when we went to the public-house Frost was at the gate at the top of the yard next to G—the gate is what they call the watchman's box—I did not see Coombes and Palmer when I left, no doubt they were in the office, they were there when I went back-when the prisoner went upstairs about 4 o'clock he may have been gone fifteen or twenty minutes, I can't how long; I don't think he blacked his boots or washed himself when he came down, I should not like to say he did not-after we had been in the public-house about five minutes, he sent me back to the premises to get a ratchet brace, I don't know what he wanted it for, he was going to take it home, he used to do little jobs at home, I believe—I fetched it from the boiler house-at that time I saw no fire or anything of the kind—I then went back again and had another glass of beer—I have no recollection of his looking about for a spanner that afternoon—I remember about eighteen months or two years ago the gas being found alight in the office after the place was closed; the policeman woke me up on a Sunday morning-on one occasion a Customs officer was sent for, I believe, by Mr. Moore's instruction to unlock the floor to get an oil lamp out; I don't know whether the lamp was burning or not, I don't think it was; there was one missing; it was in the cochineal ware-house; it was after the premises were closed one was missing, and it was the practice to get them in every night—I could not say how long ago this was—I did not put out the gas in the boiler room, it was a customary thing to leave it all night burning—I do not know what meter would supply that, gas.
Re-examined. It was left burning, because it was so dark, you could not find your way down there—there are three gas burners in the boiler room; all three are left burning mostly, we turn them down, just glimmer them—the boiler room is bricked all round—the cochineal warehouse is not in A B or C, it is next to the office, in the yard—there is a Customs lock on—I cannot say whether it is bonded or not—the lamps were collected at night for precautionary purposes, that they should not be left alight—I fetched the ratchet brace from the engine room—the public-house is just at the top of the lane.
WILLIAM ROBINS . I am a carpenter, and live at Deptford Creek—I was employed as such on 15th June, at Brooks' Wharf-at 3.20 I went on to the top floor of C to measure a piece of plank for a job I had-about 3.45 I came down on to the third floor I there saw Collins, I had some conversation with him; it was 3.55 when I left him and came down on to the second floor-Howe followed me close behind—I went on to a stack of cut deals and attempted to pull out a piece of thin board from the others, Howe came and helped me; while doing so, I saw the prisoner, he came in at the door and passed me and Howe, from the door leading from the staircase into the second floor, he stopped in there about a minute and went into the engine box No. 1—he stopped there about a minute, came out again and went up
the gangway to engine box No. 4, I saw him go in—I then took my piece of board and went down the staircase—I could not see what he was doing in the engine room, it was too far off, it was the whole length of the floor—he had nothing in his left hand, his right hand was in his jacket-pocket—I could not say whether there was anything in it or not—I saw nothing more of him-when I went down the 4 o'clock bell was ringing for the men to leave off—I went up into my own workshop, washed myself and then went home; it was then about 4.25—about three weeks before the fire I heard the prisoner say "When I go, every b one in the place shall go"-about three days before the fire, Frost was showing him and me a large lathing hammer, and he remarked that he should like to smash their b skulls with it—he did not say whose skulls.
Cross-examined. We had had a quarrel before this, and did not speak, except in the way of business.
JAMES ATTFIELD . I am brakesman at Brooks' Wharf-on 15th June I was employed on the top floor lowering goods down to the different Carmen—Howe came up to the top floor at 4.10 or 4.15, he went by me into the further room—I did not close the iron doors of that floor—I helped Howe with one, I did not see the doors closed, Howe remained behind to close them—I did not see him do it—I could not swear that they were closed when I left—I went downstairs; Howe went in front of me towards the fifth floor doors to close them—I did not see whether he closed them or not—I did not see. the three men at work on the fifth floor, they had gone down, there was nobody there—I went downstairs and Howe went on the fourth and third floors—I did not see any of the doors closed on those floors—I came straight downstairs, and went over the way to A warehouse and turned the gas off—I turned it all off on that side—I then went into the cellar, looked all round and turned it off at the meter—I did not see Howe turn the gas off at the burners.
Cross-examined. I do not know what meter supplies the gas in the boiler room—I do not know that the gas in the boiler room was still alight at the time I turned off the others; there are two meters, and I do not know what meter supplies it—It was the top door that I helped Howe to move; it was not very hard to move, it did not require two men to shut it, one could have closed it, I turned round and gave it a push; it does not go so particularly easy—I did not assist because it was difficult to move—some of them are difficult to move—I have closed them all myself when Howe has let me know—sometimes he closed them and sometimes I did, nobody else that I am aware of; it was part of my duty to close them as I came down stairs if Howe was engaged—some of them have been rather hard to close, but I have managed to close them.
ADOLPHUS BASS . I am bulking foreman in the employ of Mr. Warner, and live at 79, Hansel Street—It was my business to look after the first floor—I look after shutting it up, for my own safety-on the day of the fire I closed the iron doors on the first floor, between B and C, I am positive of that—I closed the one in B within about 6 inches, and the other quite close, I likewise lock the wooden doors that lead into the room—this photograph does not show the state in which I left the iron doors, the door in C was quite flush to the wall, and the other was within about 6 inches of the end, there was just room enough for me to squeeze my arm through—I left about 4.10 and went home-about 7.30 in the evening I heard of the fire and came down to the premises—I there saw a man named Perry, and close
to him the prisoner and his wife in Gut Lane, next to Buckle's house—there was a goodish crowd and disturbance; the fire was then in full swing—It was about 8.30 when I saw the prisoner, he came from the direction of Blackfriars Bridge, along High Timber Street—I was standing in a doorway, leading into Gut Lane, he said "Where the b——hell is the fire"—I said "Why you can see where it is"—It was pretty apparent at that time, he said "They told me it was Smith's Wharf, Queenhithe"—somebody in the crowd said "Why he knows where it is, he has been in the neighbourhood all the night, he has been drinking in the Britannia"—he then walked down towards the entrance of the wharf—I remained where I was for some time.
Cross-examined. I have not said that from where I was standing, I could not see what part of Brooks' Wharf the fire came from, I said I could see the fire was from some part of Brooks' Wharf; I could not say what part—there was a fence 14 or 15 feet high, between where we were standing and the fire, but there was a doorway open into it, I could not see over the fence; I could see through the door.
Re-examined. Brooks'Wharf is a very high elevation, and the flames were rising above the building to the heavens.
WILLIAM PERRY . I was show foreman of the tea department at Brooks' Wharf-my duty was on the third floor-on the afternoon of 15th June, I was on the third floor—I saw Howe, about 3.50 coming from the A ware-house to C to lock up—I saw him take the handle of the door to close it as I came away—I left the warehouse at 4.5—when I left everything was all right I always make it a plan to walk all round the third floor warehouse—there was no smell of fire or gas, the gas was all put out—I heard the alarm of the fire and got down to the wharf, about 7.15 and about 7.20 or 7.25, I saw the prisoner standing right opposite the fire between Gut Lane and the wharf, in High Timber Street—I heard him say "What the devil is up here"—I said "Can't you see what is up; can't you see the place is all on fire"—he did not say any more, I went to the Lamb and King to have something to drink—I recollect the prisoner having words with Collins-Collins accused him of thieving tea, and he said "He accuses me of stealing tea, when he gave it to me"—I heard nothing more—It was on the quay; I believe Mr. Moore was there at the time-before the fire I heard the prisoner say "When I go, the whole shoot shall go, clerks and Joe Cooke are all a lot of thieves," and I said "It is not because you have words with one man, you thould have words with all of us.
Cross-examined. I never took particular notice whether the doors have been left open; I only know I always know my door is closed, I have never left my door open.'
ALFRED EADE . I am employed by Mr. Coker Dear, carman at Brooks' Wharf; I live at 23, Bermondsey Walk-on Thursday afternoon, 15th June, as near as I can say about 5 o'clock, I was on my way down to the river to get a pail of water, and as I returned into the loading yard I saw smoke coming out of a window in the angle of B and C warehouse; there was not much smoke at first; I was not a minute looking at it, I ran up the yard, and met Buckle—just "coming out of the little office by G; I went back with him in the direction of the loading area and passed through the archway down to the river bank and hailed the float-whilst doing that I noticed smoke coming from the loophole in B on the river side-glass was falling at that time—I went
back under the archway to the loading area, and glass was also falling there.
SIDNEY HORTON SMITH . I am a clerk in Mr. Warner's employ at Brooks' Wharf—I received the alarm of fire, about 4.55 I was at the top of High Timber Street; I ran down the yard and saw smoke issuing from B loophole on the second floor on the land side—I saw smoke issuing from B loophole second floor, and glass falling—I called to the float; about ten minutes after I saw smoke coming from the loophole in C—I used to weigh all the goods into the warehouse—I know what goods had been weighed into the second floor; in A there were barrels and tierces, and bags of coffee; in B tea, barrels of gunny cloth pressed, and iron bound; and in C, gunny; straw boards, mother-of-pearl shells, and lac dye and shellac, and one case of gum benzoin; that was all to my knowledge.
Cross-examined. I did not superintend the weighing at the time of the fire; I had ceased to do so, perhaps three months, but I was on the floor every day.
Re-examined. A record is kept of the goods in store. George Tarrant. I am a labourer, and live 4, Gurney Street, New Kent Road-on the day of the fire I was working at Keble & Company's, Bull Wharf, which is the next to Smith's Wharf, in front by the river, and as near 5 o'clock as possible, I saw smoke coming from Brook's Wharf, from the loophole in A—I at once gave information to ray foreman.
DONALD ALFRED TRIMMING . I am the engineer in charge of the B float, belonging to the Metropolitan Fire Brigade; I produce my journal-on 15th June, at 5.5 p.m., I saw a light from the deck of the vessel, at Brooks' Wharf, second floor, immediately over the words "Brooks' Wharf"—I went with my float to the fire; I got there at 5.13-smoke was then coming out of pretty well all the windows and loopholes in dense volumes—I got my hose to work, and got eight deliveries at once—the first was at work at 5.10—I did not make the slightest impression, the fire was burning very fiercely, like a furnace.
THOMAS COOMBES . I did live at 76, Grove Street, Commercial Road at the time of the fire—I was foreman of the Colonial Department at Brooks' Wharf—It was my business to look after the whole of the work—I did not close the doors on the second floor on the day of the fire, it would not be Palmer's duty to close them, it would be the duty of Howe—I do not know whether they were closed or not—I was at the office up the yard, at the time the alarm of fire was given; I do not think anyone was with me—I went to the quay and saw smoke coming from the loophole of B——I then I went to Watling Street, and gave the alarm.
Cross-examined. I say it was not my duty to close the second floor, I deny that responsibility—some few weeks previous to that I heard something about lights not being put out, it was a complaint by Palmer—I never shut the doors in number 2; as far as I was concerned they were left open-about three weeks before the fire the prisoner said "If I have to go all the b-lot shall go"—he called Mr. Moore a spotted leopard, and said "I will go down to Mr. Warner at Walton-on-the-Naze and let him know more about things than what he knows; I have been here seven years and I know a good deal more than he thinks"—I saw him leave on the day of the fire, from 4.30 to 4.45, as far as I can remember-at that time there were men left on the wharf, men that I had working under me—I cannot tell you their names—they were working on the quay till 5 o'clock;
they were not paid off till 5 o'clock-we very frequently employ strange hands on the wharf.
Re-examined. The men that were left were not working in A, B, or C.
JOSEPH ROBERT COOKE . I am principal foreman in the tea department at Brooks' Wharf—It is part of my duty to see all the premises under my control closed before I leave—they are all the floors on B and C except the second-on 15th June I saw that all the doors were closed at 4 o'clock, within a minute or two either way—I left the premises between 4.20 and and 4.25—there was no gas burning—I saw the door locked up by the Customs officer and the other man as well.
Cross-examined. At the time I left at 4.25 I detected no signs of. fire; I had gone over the premises from top to bottom.
Thursday, September 21st, 1876.
HENRY TAIT MOORE (re-examined.) Since yesterday I have seen the floor in the engine box on the second floor of B, and find I was inaccurate in stating that it was not charred; it was charred, as is represented on this photograph, and outside it was also partly charred—the engine box was a fixed building with a wooden wall here and there-Howe and Buckle are still in the employment, also Robins, Attfield, Bass, and Perry and myself—I could not say whether all the persons examined before the Magistrate were examined by Mr. Beck and myself on the previous inquiry—I believe Mr. Wontner has a record of their names; I took down their statements in writing and handed them to Mr. Wontner-we did not have every person before us who was employed in the warehouse on the day of the fire-the persons remaining in the employ have been working in clearing up certain matters before the rebuilding begins; after that there will be no further necessity for their services—some are engaged weekly and some daily.
WILLIAM BROWN . I was in the employ of Mr. Warner at the time of the fire—It was my duty to book the names of the men who were at work in the colonial department; Cook would book those employed in the tea department-that would comprise all the men employed on the wharf, casual labourers as well as others-this book (produced) is kept by myself; it is called the labour book; it is on the basis of this book that the people employed were paid; if their names did not appear here they would not be paid—I have here the entry of 15th June, there are twenty-three names of men employed on the colonial floor that day (reading them).
Cross-examined. Thomas Wallis was not employed that day, nor Thomas Daley or Wells, or Bridges, Thqmas Clark, or Henry Sweet, not on the colonial side.
FREDERICK JOHN FROST . I was gatekeeper at Brooks' Wharf, on 15th June; that is the gate at the stores—It was part of. my duty to search the men as they went out, with some exceptions—the prisoner, was an exception; it was only the labourers that were searched, not the foremen, engineer, and carpenter-Collins was searched-Buckle called my attention to the fire, he came up the yard, and said "Fire!" but where the fire was, I did not know, for I looked up into Thames Street; afterwards I went down to the wharf—I saw the prisoner go out at 4.30 with Buckle—I saw him again that evening between 9 and 10 o'clock, at the King's Head and Lamb with his wife, and a man I don't know; they were drinking together—he said he should not have known anything at all about the fire, only the party that was drinking with him told him—the man did not make any observation that I noticed-after the prisoner and Buckle went out together at 4.30,
Buckle come back in about a quarter of an hour—they frequently went and had a glass together—I never searched Buckle; I did not notice him go out again-about a week before, the prisoner said a man had come down who looked like an engineer, and he said "If I leave, I will make it hot for some of them"
Cross-examined. It was at the gate he said that—I believe Robins was there at the time—he made no secret of it—I don't think I should know the person who was with him at the public-house (a person named Smith was called in) I can't say whether that is the man—It was in the morning that the conversation at the gate occurred—there was no appearance of liquor about him at that time.
CHARLES COLLINS . I live at 49a, Avenue Road, Camberwell-at the time of the fire, I was tea sampler, in the service of Mr. Warner, at Brooks' Wharf-about three weeks before the fire, the prisoner came to me on the first floor, and said "Well, long 'un, I have just come in"—I said "That makes no difference to me"—he said "I have been sympathising with the poor men that were paid off last night, I have spent 10s. on them in drink, to keep their spirits up"—he took his purse out of his pocket, and said "I have some more here," and shook it in my face—he said "If all the b——s were like you, I should not have any"—I saw that he was very much ex-cited from drink—I never saw him like it before, and I said "If there is any difference between you and me, go! down and see Mr. Moore, and I will go with you"—I went down, and he followed me, Mr. Moore was not in his office, I saw him on the quay, and I said "Mr. Moore, Rutherwood seems to want to pick a quarrel with me, I wish you would speak to him "-before Mr. Moore could hear what the difference was between us, the prisoner struck me a blow in the eye and knocked me down; he made another attempt to strike me, but did not—he said to Mr. Moore "I suppose Mr. spotty-face Moore, I shall have to go for this; if I go, this long b——shall go, his son, Mr. b——Joe Cooke, all the old hands, clerks and all, for they are a b——set of thieves, robbing the firm every day "-that was all that passed—I went up to my sampling room, and he was ordered down to his engine room—I saw him again about five minutes afterwards up in the sampling room, and I told him I thought he had committed a very cowardly act, he made me no answer, but I am sure the man. was thoroughly sorry he had done it.
Cross-examined. I have been there about five yeare; he was there before me—there is always a good deal of bad language used in those kind of places.
By THE COURT. I had never had any difference with him before, never a word—I had occasion once to bring his name in question, but he never was spoken to about it—I had never had a quarrel with him during the whole five years I have known him; we were always the best of friends—I don't believe he had any meaning in saying if I was like the others he would not have any money in his purse; he was fairly mad with drink; I never saw him like it before—there had been some men discharged the night before on the colonial side, I don't know what for, they had nothing to do with us.
CHARLES COLLINS, JUNR . I am the son of the last witness—I was the upstairs delivery foreman at Brooks' Wharf—Iwas at the fire in the evening, I saw the prisoner between 8 and 9 o'clock with his wife and Buckle—he said "What's the matter, it looks as if you had got a fire; is it our place or Smith's?"-Buckle said "You know d——well we have got a fire, and you know very well where it is"—he passed on and spoke to Mr. Moore, but I did not hear what he said.
JOHN BECK . I am in partnership with Mr. Pollitzer-we occupy Upper Brooks' Wharf, and work the other wharf for Mr. Warner—I had been spoken to by Mr. Moore in references to Collins and the prisoner, and gave him a week's notice the day after the fire; on the 16th-an engineer had been advertised for—I saw the prisoner on the 15th between 11 and 12 o'clock in the morning and said "Rutherwood I understand there is an escape of steam, I have seen an escape of steam in the basement"—he said "I know it" I said "I wish you to repair it"—he said "I understand they are engaging another engineer, and you had better let him do it"—I again requested him to do it, but he refused, he said "I shant do it"-men had been to our office after the situation, but not on the wharf-at the time of the fire breaking out I was in Upper Thames Street, my attention was called to it about 5 o'clock, and I at once went there—It proceeded in its course very rapidly-we are wharfinger and forwarding agents—I am not personally aware of what materials were stored in A, B, and C, I have heard them described by Mr. Moore-tea in chests is an article for which the lowest rate of insurance is charged-gunny cloth, steam pressed is not inflamable it is made of some kind of hemp or jute-straw boards are made from straw—they do not rate high in insurance premiums, they are cardboards of a common description-coffee in casks is not inflammable, and is charged at a low rate—lac dye is not inflammable, on mother-o'-pearl shells—I do not know how long the gum benzoin had been there, is is stored in cases; there was no mark to indicate its contents—I do not consider it inflammable, it is used to make incense, it smoulders; it would not fire of itself—I don't know how it would burn if set fire to.
Cross-examined. I first of all asked the prisoner to see that the gaspipe was repaired, and he answered that he would have repaired it before, but he was accused of thieving, and he refused to go into the wine cellar, where the leakage was.
CHARLES HOLMES . I am foreman of the Salvage Corps, and act as wharf inspector for the insurance companies-on 25th May I took storage at Brooks' Wharf—I have got with me my notes of the contents of the three ware-houses, A, B, and C, which were burnt down-on the second floor of A and B there was coffee, gunny cloth in compressed bales, and lac dye—In C strawboard, bales of gunny cloth, gum, and there was a small place used as a tackle room where they kept stores; that was the whole—I could not tell how much gum there was, I do not go into that, only the classification of the goods; all those goods are non—Inflammable; the insurance offices, as a rule, take. them at a low rate, they do not consider that there is danger in them—there "was tea on all the upper floors, that is generally taken at a low rate, it is according to the construction of the building-Brooks' Wharf is one of the lowest on the water side, because it is kept in good order and well regulated—It would have been better if it had been in three divisions and not so high—A and B is one distinct warehouse—I went to the fire, I followed Captain Shaw—I attempted to gain-access to the building—got there shortly after 5 o'clock—I tried to break the locks off with my axe and Captain Shaw called for a pickaxe—I was not able to get in more than about half a dozen 'steps up the C staircase, I could see that for any practical purpose it was useless, it was impossible to get further in consequence of the smoke—I
came outside, looked up, and saw that the whole of the wharf was doomed and I could do no more—I had an impression that the iron doors were open at the time—I saw them about two days afterwards, they were all open then' if they had been closed I believe we should have been able to get upstairs.
Cross-examined. When the fire was once alight anything would burn, tea chests or anything.
CAPTAIN EYRE MASSEY SHAW . I am in command of the Metropolitan Fire Brigade, and have been since the formation of the brigade in 1866, and previously under the old regime—I have had plenty of experience of fires in this city, large and small—I was not well acquainted with Brooks' Wharf before the fire, I was acquainted with it externally, but not internally-on the afternoon of 15th June I was at Watling Street at 5.11—I received the alarm—I at once proceeded to Brooks' Wharf with a party of men and an engine, I got there in three or four minutes—there was smoke coming out of the colonial floor, the second floor, and from the windows of the floor above it, on the street front-we came down Thames Street and passed under the arch in D warehouse, going to the loading area—I did not see any flame at first—I think there was no smoke below the second floor when I arrived, and certainly no flame—I proceeded to the door of the staircase of C, that was burst open, and I went in as far as to stand for a moment on the colonial floor—the smoke was very dense, it was impossible to. remain there-smoke was issuing from the doors of on the second floor—I did not get to the door of the colonial floor, the smoke was too thick, I only got up to the top step of the stairs, and stood for a moment there, and then came down—there was no smoke issuing from the lower levels as I went up—the density of the smoke at the door of the second floor indicated that the smoke was not able to escape through the roof and was beating downwards; it also indicated a very considerable amount of flame in some part of the centre of the building, which was invisible at the time from the density of the smoke; it indicated a very severe fire raging in some part of the premises—the glass was just beginning to break in the upper windows over the second floor; that indicated very great heat and that the flames were approaching the windows—I then returned into the loading area-at that time perhaps two engines were at work and one floating engine—I was not able to get the hose inside the ware-house at that time on account of the density of the smoke, which was then beating still further downwards—the fire burnt with great rapidity and fury—all that could be done at first was to bring the water to play on the outside—I was not able to get the hose inside until after the roof fell through, that must have been two hours after, I should think; it was ultimately arrested at the second floor, it did not burn below that point—the second floor in B remains now, the others all fell through—I have observed the second floor in B by the loophole where the engine box stood, as depicted in this photograph; it does not exactly represent it as it is now, but as it was after the fire; no material alteration had been made in the premises when this photograph was taken-part of the floor within the wooden partition which divided off the engine box was considerably charred, and outside in the passage, which was between some bales of goods, there was the appearance of some liquid, as if some inflammable liquid must have passed along it and burnt to a certain extent into the flooring-while we were preparing to break open the door of the staircase of C, I went to the opening in front of the loading area at the river side, where one of my engines was just getting to work, and I saw smoke pouring out of the window
close by the engine box of which we have been speaking; there was also some flame coming out there and of such a colour as to indicate the presence of a very severe fire in its vicinity; that was in fact the first actual flame I saw in connection with this fire—there was no flame issuing from any other aperature at that moment—the flame I saw. was coming from the window where I afterwards found the charred floor—I know as a rule the character of flame arising from different substances; it was very difficult to say in this case what the substance was, the smoke was very thick, it certainly raised the presumption in my mind of the presence of some oil or grease, or fatty substance; that was what I thought at the time-spirit would not make such a dense smoke, and the colour would be quite different; it would be very much brighter, not so lurid—I am not quite sure that it is exactly safe to go upon this presumption as to colour, because these liquids seldom burn without something else burning with them, and spirit fire will sometimes make very dense smoke when burning with other things, but not alone—I have examined the floor since the stock was cleared off, and I have seen that some inflammable liquid must have passed along the floor in the space between the bales of goods marked on the photograph and other bales to the left, and it had burnt to a considerable extent into the floor, it runs round from about where the door of the engine box would be, about in a line with the flooring boards, they were not such burns as would be caused by materials falling from above, they were such as would be caused by a flame of thick oil or' melting grease—I should say it would take fifteen or twenty minutes to burn before it would eat into the wood, a good deal would depend upon the nature of the substance; melting grease would be very much slower than mineral oil—I should be inclined to think it was melting grease that did that particular injury, or oil that had been standing along time and was not very liquid—It was impossible to avoid the conclusion that some very 'slowly running inflammable liquid had passed over that part of the floor in the early stage of the fire—I think some of the flame out of the window may have come from the inside of the engine box; that indicated that some of the liquid must have got out there also—the liquid did not flow much in the direction of the gunny bags, it began by the door of the engine box and passed away to the left, as shown in the photograph—the outside of the gunny bags was charred—I was not able to get within the building so as to examine it properly for some days; it was left in charge of my men—I could then form a judgment as to one place in which the fire originated, but I think it probable there may have been several fires together—the engine box is the one place of which I speak—assuming the stock to be as it has been represented, I think it is very dif-ficult to suppose that the fire could have spread so rapidly unless the place had been lighted in several places together—the engine box No. I in C was destroyed, if there was one, there is none there now-considering the materials described as stored in the warehouse, it is very improbable that a fire could accidentally arise; of course it is not impossible, but it is very improbable—I should say such materials would not burn rapidly; the wooden tea cases would certainly burn, but not rapidly—I observed the iron doors when I got on the premises; they were fully open from the colonial floor up, and on the colonial floor they were about half open—the fire would not open them; they were buckled out a little from the heat—If the iron doors had been closed it would very much have retarded the progress of the fire, and I think it very probable we could have got from C Into B warehouse.
Cross-examined. I think it quite possible and probable that the place may have been set on fire in four or five different places—I think it very probable that the floor of an engine box used for eight years would be considerably moistened or saturated with oil—the running marks I saw on the floor might be caused by grease used for the crane pulleys, if in large quantity, but not the ordinary quantity used for such purposes; if there had been a store of oil that would account for it—If there had been a large quantity of grease, say half a ton, kept in the box, that" would account for the condition of the floor—It presented the appearance of having been run over by a very large quantity of liquid-what I saw inside the engine box I think would be accounted for by the oil having soaked into the floor, or by small quantities of oil from the oil feeders—I did not give any evidence before the Magistrate as to this floor, it bad not been cleared at that time.
Re-examined. There would be a good deal of smoke on setting fire to grease or oil, and smell—there are a great many fires that we are unable to trace the cause of, and return as "Cause unknown."
WILLIAM GREEN (City Detective Sergeant)., On 28th June I received a warrant and went to the Rainbow public-house, in Queen Street, Ratcliff, in company with Sergeant Moss, I there saw the prisoner-Moss read the warrant to him—he said "Yes, I know about it, it is a bad job; I left about 4 o'clock and went with Buckle and my wife to the public-house at the top of the yard, we had some ale, I then left with my wife and went straight home by rail, getting home about 6 o'clock, I had not been in-long before a Mr. Smith, who keeps a shop, came in and said 'There is a fire in Thames Street close to your wharf,' and I went with my wife and Mr. Smith to the fire"-that was all—I took him to the station.
Cross-examined. He is the landlord of the Rainbow public house.
H. T. MOORE (re-examined). My duties took me on the different floors—I had no duty to perform with regard to the engines—I am able to say that the floor was not charred before the fire, I could not say that I paid particular attention to it—In the case of the prisoner wanting oil or grease for the engines we should give him an order for it, it would be given in the office by one of the clerks, he would get the oil and charge it in the books; we have not found the order book since the fire—I could tell by the help of the invoices what quantity would come in in the course of a month or two—the invoices are not here, I can get them-Buckle can probably tell-no smoking was allowed on the premises.
WILLIAM BUCKLE (re-examined). We used common engine oil for the engines, nothing else, most of it was kept down in the boiler room—some times we used to keep a little can which we called an oil feeder, about as large as this testament; we used to keep that in the engine box, not one in each box, we used to leave it in the box we were last in-we filled it when it was wanted—I can't say how often, some times in three or four days or a week, according to how many cranes were used-we oil them about every half hour or hour when they are in full working order-we have no stock of oil up in the floors-we keep a two or three gallon can down in the boiler room, from which we supplied the feeders-both the prisoner and I did the oiling, it all depends, if I am left there alone I do it—the two-gallon can is replenished when empty—I could not say what quantity of oil there was on the premises at the time of the fire; it never exceeded the two gallons-we did not use two gallons in three weeks, I could not say how much we used, when it was empty I used to tell the prisoner, and he would tell me to go to the
office and get an order, and either he or I had to go out for it—I don't know how long before the fire any had been ordered, or who ordered it-the small can would hardly hold half a pint.
S.H. SMITH (re-examined). I was present when the oil feeder was found in the C warehouse by the engine box No. 4—I don't know the date when I found it, it was just before the photographs were taken.
The Prisoner received a good character.
NOT GUILTY .
MR. C. MATHEWS, for the Prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
FOURTH COURT.—Wednesday, 20th September, 1876.
Before Mr. Recorder.
DUFTY PLEADED GUILTY MR. READ conducted the Prosecution; MR. W. SLEIGH appeared for Ridley, and MR. MEAD for Murphy.
WILLIAM KIRK . I am a van boy in the employ of the Great Western Railway Company-on the 15th August, about 4 o'clock or 4.30, I was in one of the company's vans with Dufty—I went to Goodman's Yard and we took in, there several articles-when there, Murphy spoke to Dufty-Dufty told me to go on one side while they were speaking—I did not hear anything that was said then—I saw Ridley there-after that Dufty and Ridley went away and returned—the van drove on and stopped at John Street, Minories—I saw Ridley and Murphy there together-Murphy said "Won't you do anything?'—Dufty said "No, I will not"-Murphy repeated this question three or four times—I then drove on to Jewry Street—I saw Murphy and Ridley there together-Murphy spoke to Dufty there—I did not hear what was said-Ridley was a little way across the road—they went into a public-house and had beer-Murphy came out first, he shifted the load and put the tarpaulin over it—he got underneath the sheet in the middle of the van—the others came out afterwards together-Ridley got on the tailboard and Dufty got up and drove away-as he was driving away from Jewry Street I was in the middle of the van and I heard a noise of breaking a case open, it proceeded from underneath the tarpaulin—It was loud enough for Ridley to have heard' it on the tailboard—the van next stopped at White Street—some gentleman then stopped the van just as it was beginning to go on again-Ridley had gone away-Dufty was on the dickey; Murphy was underneath the tarpaulin—the gentleman asked Dufty who he had got underneath the sheet-Dufty said "No one, as I know of, is in the van "-Duffy then got down and untied the tarpaulin-while he was doing so, Murphy got off the van and ran away—the van went on to Barbican—I then saw Murphy, but not Ridley-Murphy said to Dufty "All right, you can go on now "-Murphy took the tobacco away on his back in a sack—the van was standing in some lane out of Barbican-Dufty drove it there.
Cross-examined by MR. MEAD I am 15 years of age—I have been in the employ of the company about six months—I do not know what Dufty meant—he told me not to tell anyone—he told me that when we were
going home—he said "You will have a couple of shillings"—I said "All right"-when I got home Mr. Ackelston and another gentleman asked me the next night what I knew about it-Bufty did not give me the 2s.—he said nothing about it, and I. did not ask him for it—he was taken into custody the next night—the manager over me is Mr. Friday—I see him nearly every day—I did not see him that morning—I saw another man, Mr. Cumming; he puts us on and takes us off—I did not know whom to tell, until I told Mr. Hepburn-Mr. Ackelston was the first person to speak to me about it—It was not raining when Murphy got under the tarpaulin—they went to a public-house—what he said was "Won't you do anything?" not "Won't you take anything"—I do not know what "Won't you do anything?" means.
Cross-examined by MR. W. SLEIGH. I took the van from Crutchet Friars to Goodman's Yard without Dufty-when there, Dufty came up to the van—Murphy was standing opposite in Goodman's Yard; Ridley was by his side-Murphy left Ridley standing there and went up to Dufty and spoke to Dufty quietly on one side in such words that Ridley could not hear-as far as I saw the arrangement was entirely between Dufty and Murphy Ridley did not seem to have any part in it-Ridley left the van in White Street—I did not hear Dufty say to Ridley "You get up on the tail," or "Come, jump up "-when Ridley got on to the van Murphy was out of sight underneath the tarpaulin.
GEORGE DUFTY (the Prisoner). I have pleaded guilty to this offence—upon the 15th August, I was driving a van-William was with me—I was sent from Crutchet Friars, down to Goodman's Yard-at Goodman's Yard, I saw Murphy and Ridley, opposite the Vine, Ridley sitting down, and Murphy standing up-Murphy asked me what I was going to load—I said tobacco—he said "Will you do anything? you can do with a few shillings, and I know I can"—I said "I don't know what I am going to load"—I saw Ridley, and I said "Have you left the Great Western?"—he said "I have left about three weeks"—I then went into the warehouse to see if there was room to draw in; but there was not and I came out again—Murphy asked me what I was going to load—I said four hogsheads and a case—he said "We can do the case a trick"—I refused, Murphy made the remark, but Ridley was standing beside him-Murphy asked if I would do a hogshead open—I said "No, it could not be done"-Murphy referred to Ridley about opening a hogshead somewhere down Victoria Docks-Ridley said "Yes "-Murphy asked me if I was frightened at the money—he said "If you are, I live at No. 4, Signlong Court"—If you come down this way to-morrow and call there, you will find the money there, or I will meet you wherever you like to say "-one of the foremen called out—I put the van under the hydraulic inside the warehouse, and put six bales into my van—when I went on the platform I asked if the hogshead and bales were all he said "No"—I then stood outside-Murphy asked again whether I would have the hogshead done—I said no, I was not going to load a case, I was going to load a bale—he said "We can do a bale; you can send the boy for the deck "(that is the declaration) "and while he has gone we can do it, and he will be none the wiser"—I said no, I would not have the bale touched on any consideration—he said "Have a hogshead done; if you load the hogshead, on the near side, three will go into the bottom, the fourth on the top, and the sheet over them, I can do that, we can have a drag to follow you up to Paddington; you can drive up Oxford Street,
and go through the squares"—I said "No, every bit of tobacco that comes out of here is weighed, and it is likewise weighed at Paddington "-Ridley was alongside of Murphy at this time-when at Goodman's Yard, I sent for the case of tobacco—I next drove to John Street—I was going down John Street, and Murphy was standing with his back against the wall within ear shot—he said "I thought you were going to load four hogsheads and a case"—I said "What of it"—he said "Are you going away with a nice little load like that; you will never get another chance like this"—I said "I am, this; good night"—he then referred to Ridley—he said "You are a fool, I wish I had a load like that"—I drove to the bottom of John Street, with the horses head facing Jewry Street, and said I would not do anything—I then drove to Paddington-Jewry Street, has a bend in it—Murphy and Ridley were standing there-Murphy said—to me again "Are you going to do it?"—I told him distinctly "No "-Ridley was alongside of him-after that I followed Murphy, and said "I have been and borrowed sixpence, come and have a glass of beer-we went to the public-house—Ridley and Murphy went in first—In the public-house they persuaded me all they could to have this case done-both Murphy and Ridley were together—I said no, I would not have it done-Murphy said "You are a frightened fool"—I then referred to the boy-Ridley said "Do the same as I do, give the boy a shilling or so; he won't say anything"—I said "No, the boy I have got, knows better than that"—Murphy said "I can make it right with him," and he went, out-what he said to the boy, I don't know-Murphy came back and said "The boy is right enough, I have promised him 2s. come, be a man of your word, all I have earned this week is 7s."-after, talking some time, at last I said "Go on "-Ridley and Murphy went out of the public-house, and Murphy put the sheet on the cart—they came into the public-house again for another drink-Murphy then said "Where's the bag?"—the bag was handed by Ridley, but where he got it from, I don't know, it was passed so quick—I said to Ridley "Don't get into the van"—he said "I will and have it open in a few minutes"—I did not see him get into the van, my back was turned at the time-after that I drove away—I was on the dickey and the boy was sitting on a hogshead behind, and Ridley was sitting on the tail of the. van—I was stopped afterwards by a gentleman—the tobacco was removed afterwards by Murphy—I do not know the name of the street—It was by Chiswell Street, near the fire engine-Murphy had changed his clothes, and ran up by the side of the van in Chiswell Street—I had seen. Murphy before—I had been working with Ridley at the Friars, before he left the Great Western.
Cross-examined by MR. MEAD. I do not know the gentleman who stopped the van, I was told he belonged to the Great Northern Railway—he asked me first of all'" Who is the driver of this van?"—I said "I am"—he asked me my name and he took it down and the number of the van—he asked me if any one was inside the van—I said "Yes"—I was surprised when he was not there—the conversation occurred at Goodman's Yard; that is not part of the premises of the Great Western Railway Company—I was down there waiting for a load of tobacco-Murphy promised the boy 2s.—I did not do so to my recollection.
Cross-examined by MR. SLEIGH. At the police-court I said Murphy and Ridley were standing inside the public-house-Murphy then persuaded me. to let him open the case-Ridley was present—I said Murphy came across
the road to me from where Ridley was sitting down and spoke to me in an undertone, and. though Ridley was there the temptation came from Murphy first—he spoke to me twice before the van left Goodman's yard—I spoke to Ridley about the situation—I went up to where he was sitting and then left him sitting there and went in the warehouse—the tobacco was taken out of the van in a lane near Barbican, near the fire-engine place—In the public-house we three were talking-Murphy and Ridley went out and got the sheet over the van first, then they came back-on that occasion there was no need to tie the tarpaulin over the van, because it was a fine night and it was a low load-we had not the tarpaulin over the van before—Murphy and Ridley put it over the load outside the public-house-when Murphy got underneath the van Ridley was standing on the edge of the pavement, or in the doorway of the public-house—I did not see Murphy get under the van, for my back was turned—I saw the bag passed from Ridley to Murphy, but did not see him get under the sheet—I had not time to make a full statement in the police-court—I did not at the police-court say anything about the bag-when Ridley and I got on to the van Ridley was sitting on a deal board and Murphy was covered with the tarpaulin.
ROBERT ALDERTON . I am an inspector in the service of the Great Northern Railway Company—I was not called at the police-court-on 15th August I saw a van driven by Dufty in White Street, Moorfields—I heard some one knocking underneath" the sheet—he stopped there a minute or so and drove away to Finsbury Street in the same line, and then I stopped him and asked him who he had underneath the sheet—he said "No one, that I know of"—I asked him to turn the sheet up—he and the boy did so—I looked in the van, but could not see any one-when I spoke to Dufty he was sitting on the dickey; in order to turn over the sheet he got to the side of the van—I untied the sheet and he stood on the rails to turn the sheet over the case, so that I could see over the van and the goods as well—I was standing on the pavement, a little towards the tail of the van-afterwards I saw a man in White Street carrying a sack—I watched him for some eight or ten minutes and followed him into Tenter Street—I recovered the sack, it contained tobacco, it was standing on the right hand side of Tenter Street. near some alterations in buildings-Sergeant Horlock was there at the time—I did not see any one running—I never left the sack—I had seen that sack carried by some one before—I do not think I can identify the person; I saw only his back.
EDWIN HORLOCK (Police Sergeant). On the 15th August, in the evening, I was in Tenter-street—I saw Murphy suddenly leave a doorway and run through Tenter Street into Moor Lane—I went to the doorway and found there a sack containing a quanity of leaf tobacco (produced)—I swear that Murphy was the man-at the police-court I said "I saw a man who I believe was the prisoner"—I have not the slightest doubt about it—there was a lamp by me.
FRANCIS LORD. I am a checker and receiver of export goods at Goodman's Yard, Minories-on 15th August I delivered to Dufty a case of tobacco and took for it the receipt produced, it had the mark "H. R., 1907"—It was in sound and good condition.
JAMES PITMAN . I am a porter at the Great Western Railway at Paddington Station—I had to do with unloading Dufty's van on 15th August in the evening—I took a case of tobacco out of the van—I wrote the sheet produced—the case was marked "H. R., 1907"—It was broken at the side and appeared as if tobacco had been taken from it.
RICHARD BRIGHAM . I carry on business at Reading-this tobacco was consigned to me; I received a part of it with the case broken—I have a dock sample here—I am certain, from my experience, that the tobacco produced is of the same quality as the dock sample I now produce.
WILLIAM KIRK (re-called). When Murphy was talking to Dufty, Ridley was within hearing; he could hear, I believe; I am not quite sure-when I went to Jewry Street Murphy and Ridley were there-Murphy spoke to Dafty; Eidley was by the side of him; he could have heard what was said—I did not see Ridley go away, he went away when he pulled the horses' heads round the corner in White Street—he had left before the gentleman stopped the van.
Dufty received a good character.
MURPHY— Five Years' Penal Servitude.
BIDLEY— Twelve Months' Imprisonment.
DUFTY— Six Months' Imprisonment.
MR. COLE conducted the Prosecution; and MR. PURCELL the Defence.
EDWARD MACKLIN . I live at No. 2, Clark Street, Allen Street, Clerkenwell—the prisoner has been living with my mother Mary Macklin between five and six years-on Monday, August 14th, about 10.30 p.m., we went home and the prisoner was drunk and asleep on a chair-my mother went out for a candle-whilst she was gone the prisoner got up, took off his smock and belt, and threw himself on the led-my mother came back and I said "Mother, don't let me lie no longer than 6 o'clock in the morning, because I want to be at work by half-past "—the prisoner jumped up and said that my mother was using bad language to him—he took hold of this knife, to, open the door and tried to stick it into my mother's belly; she was dressed it touched her, but did not go through—he then made another cut at her and cut her down the nose with the same knife—I jumped out at the window and spoke to a policeman—the prisoner jumped after me and the policeman ran Safter him and caught him.
Cross-examined. My mother did not leave the door open; I shut it; it would not lock, it had no key—the handle tumbled out of the door and the prisoner was trying to open the door with this knife to chuck us out-my mother only told him to get into bed—she did not try to stop him from opening the door—she was close to him; she did not touch him or push him—when he went to the door she was standing near the door and she went forward towards him—she told him not to use the knife, but put it down—the door was still shut and I opened the window and he jumped out in the same way—there was nothing like a struggle.
MARY MACKLIN . I have been living with the prisoner for six years-on Monday,; August 14th I came home in the evening at 8.40—I did not see the prisoner then—I saw him drunk on a chair after I had been out for a loaf—he did not wake up—he was not at home when I got home from work at 8.40—he was when I returned with the loaf, and I got from him the key—he was still asleep when I went to get a candle, and he was still sitting on the bed-my boy said "Mother, don't let me lie after 6 o'clock in the morning; I want to be at work at 6.30," the prisoner then rose up thinking I was talking about him, and said "What are you using bad language about me for"—the knife lay on the table by the loaf, he took it up and I
Jumped up and said "Oh! for God's sake, don't use a knife"—I did not see him do anything with the knife—he cut me on my nose—I went to the hospital and was attended by Dr. Yarrow.
Cross-examined. I have quite got over the wound—there is no key to the door—there was a handle, one end of which was off-either of us could open the door with a knife inside—he had taken up the knife for that purpose—there was a bustle at the door—I was trying to get out; we were both close to the door—he went to the window after he had struck me, but I clung to him and said "You shan't leave me in this state"-my clothes were not cut.
GEORGE EUGENE YARROW . I am divisional surgeon to the D division of police-about 12 o'clock on the night of 14th August I went to the station and found the prosecutrix with an incised wound on the left side of her nose, about an inch long, nearly separating the cartilage, it was a cut downwards—she lost an immense quantity of blood—It did not entirely cease, and she went to the hospital in consequence of exhaustion—I saw her after she came out.
GEORGE WISE (Policeman 295 G). About 12 o'clock on Monday night, 14th August, in consequence of a communication from the lad Edward Macklin I went to the prisoner's house, he came out from the window and passed me—I ran and stopped him and told him he, would have to go back with me—he said "I have done nothing. The boy made a strike at me; missed me and struck his mother"—I found her streaming with blood and took the prisoner to the station, the woman was sober—he was not drunk, but appeared to have been drinking.
He had previously been convicted of assaulting the prosecutrix. He received a good character from his employer— Eighteen Months' Imprisonment.
425. SAMUEL PALMER (16) , to stealing a watch and other articles, of James Savage, his master, having been previously convicted— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment.
MR. FULTON conducted the Prosecution; and MR. GRAIN the Defence.
ALEXANDER LAMB . I am a member of the firm of Ingoldby & Lamb, 3, Whitefriars Street, City, publishers-one of our publications is known as the International Guide, it comes out every two years—the object of it is to enable foreigners to know where to purchase any thing they may require—I employ men as canvassers for advertisements for that guide—In 1873 the prisoner was in my employ as canvasser—he was with me about three weeks—I think it is very likely he left of his own accord-this letter, dated October 30th, 1873, is in his writing. (This stated that he had been unwell; could have made money at it if he had not been prevented from following it up, and enclosed a statement of account.) Since that time he has never been in my employment—In 1873, when he was in my employ I used orders of this kind, and he would be in possession of such orders-when he left our service in 1873 I do not remember whether he handed in the orders or not—In consequence of information I received I wrote him a letter and received this letter in reply. (This was dated 19th March, 1874, in which the prisoner said: "I will, as you wish me call to-morrow, Friday.") I believe he did so
call—I was there—he said he had not called upon anybody to collect any money—this receipt, marked A is in the prisoner's writing "March 9th, 1876. Received from Messrs. J. Fulgar & Sons, 40s. for insertion of advertisement in International Guide"—neither the prisoner or anyone else has ever accounted to me for that order—he had no authority to take it. (Two orders were here produced signed by the prisoner, also receipts dated October 20th, 1875, from Messrs. Talbot & Alder, 27s. and 4s. for insertions in the International Guide signed by prisoner.) I have never received the monies represented by those orders.
Cross-examined. I have several letters of his that I have compared—the receipts are numbered, so many 1s., so many 2s., and so many 3s., there is no stamped number, it is written—when we give out a packet of receipts to travellers, we register them as against the particular traveller—I have searched whether these were registered against the prisoner—the parcel he brought back was the specimen book and papers—for aught I know, he might or might not have returned the receipts.
By THE COURT. The receipts are not in separate books, but in separate packets—I cannot tell whether these were among those he received.
WILLIAM ELSDEN . I am cashier to Messrs. John Fulgar & Sons, 6, Lime Street, on 28th March, some one called upon—I believe the prisoner to be the man—he was in the office about ten minutes or a quarter of an hour—he said he called to know if we would have a renewal of the advertisements in the International Guide, as before—we had previously advertised in it——I consulted with the partners, and' paid 2l.—that is the receipt (produced)—I saw him write his name to it—I had a good opportunity of seeing him, and have no doubt Whatever that the prisoner is the man—I should not have parted with the money if I had not supposed he was the canvasser—he brought the cutting from the book which they generally show to know if there was to be any alteration In them, and then he produced the receipt.
Cross-examined. Ingoldby & Lamb are the prosecutors—I did not communicate to them—another canvasser called afterwards—I can swear the prisoner is the man—he was under my observation about ten minutes—we do not advertise largely, though many canvassers call—I was standing by his side, and saw him write—I have a very good memory—I am positive the prisoner is the man—we did not send any one with the detective in order to seek out the man—I did not go myself.
HENRY BROOK ALDER . I am a white lead manufacturer, at 60, Fen-church Street—I have been in the habit of inserting advertisements in the International Guide—these receipts were given to me on 26th October by a man representing himself as Messrs. Ingoldby and Lamb's canvasser—I cannot identify him—on bis representations that he was canvassing for Messrs. Ingoldby & Lamb, I told him to repeat the advertisement as before.
ROBERT SEAMAN (Policeman). On 15th August, I apprehended the prisoner—I asked him if his name was Harman, he said "Yes"——I said "You will remember me in 1873, when you were employed by Ingoldby-and Lamb"—he said "Do you mean when I was on the Directory?"—I said "I am a detective officer, and I hold a warrant for your apprehension for obtaining money by false pretences from William Elsden."
Cross-examined. No one accompanied me; but I had a person in the employ of Messrs. Ingoldby, at a place where the prisoner would pass—he was sent at my suggestion—he was at the corner of Liverpool Street.
Bishopgate Street—I had received a description of the prisoner, and had watched on two previous mornings, and I knew he would pass in that direction at a certain time, and I had this man placed there for the purpose of identification.
The prisoner received a good character— NOT GUILTY .
427. CHARLES WILLIAM FOSTER (22) , Burglariously breaking and entering the dwelling-house of Alfred George Lapworth, and stealing therein one portmanteau and other articles his property, having been previously convicted, and BRIDGET THOMAS (48), and ELLEN GRAY (20) , feloniously receiving the same, to which
FOSTER PLEADED GUILTY .
MR. GOODMAN conducted the Prosecution; MR. CHARLES MATHEWS appeared for Thomas, and MR. W. SLEIGH for Gray.
TERENCE SMYTH (Policeman ER 31). On the morning of 26th August I went with Inspector Craig and Detective Brown to 23, Little Clarendon Street, Somerstown—it is a brothel kept by the prisoner Thomas—Gray resides there—we asked if Mrs. Thomas resided there; they said yes—I asked for her; we saw her, and asked her what she did with the portmanteau and other things removed from Museum Street in company with a midshipman—Foster was dressed as a midshipman—Mrs. Thomas said she knew nothing about the portmanteau and other things and that Foster was not in, after a minute or two the woman Gray ran downstairs and said, "Tell, Mrs. Thomas, what you know about it"—we asked for the portmanteau and she said that Foster was upstairs—we went up and saw the prisoner Foster sitting in the room—it is a four-roomed house, the front parlour is occupied by Mrs. Thomas and her brother; the parlour is occupied by another girl that walks the streets, and on the first floor front room Foster and the girl lived, and at the back somebody else—we told Foster we were constables and asked him what he had done with the two portmanteaus he had removed from Museum Street-on the morning of 27th August—he said "Do you want me or the goods"—he then said "Come with me and I will show you where they are"—he took us to No. 13, Little Drummond Street—the door was open and we went in—in the back parlour we saw a portmanteau with the letters A.G.L. upon it, and other things—we then told him he would be taken into custody for the unlawful possession of the goods—we took him to the. station leaving a constable in charge of the house—we immediately came back and I took Mrs. Thomas into custody, telling her that she would be charged with being concerned with Foster—she said "I don't know anything about it"—I took Gray next morning, and told her she would be charged with being concerned as well—on the 26th we inspected the premises and found a geat deal of property, the portmanteau, basket, and fittings, coat and pair of candlesticks produced—we did not find any of those articles in Thomas' room at 13, Little Drummond Street—I found under the bed where Mrs. Thomas slept the pillowcase and napkin produced—we did not find the basket and portmanteau at Clarendon Street, they were found at Little Drummond Street, but we found a quantity of other things—I found a pair of candlesticks in a carpet bag in the back floor of Mrs. Thomas' house, and a pawn-ticket of an Ulster coat on the chimneypiece underneath a glass—when 1 was taking Mrs. Thomas into custody she attempted to pass to her daughter some Bank of England notes and 16l. in gold.
ELIZABETH HALE . I am the landlady of 13, Little Drummond Street—on the 19th August Foster engaged a room, and on the following Wednesday Thomas came with him; they brought in a cab a portmanteau, basket, and carpet bag—the luggage was taken away on the following Friday by the detective—between the time it was brought and taken away the woman did not come at all—in the evening when Foster came in he said it came from the Great Western.
JAMES WISE . I was not examined before the Magistrate—I live at 12, Museum Street—on 14th August, Foster and. Mrs. Thomas and Miss Gray came and brought in a cab this portmanteau, bag, and basket——I do not know what was in them; I have known Mrs. Thomas some years—she said "This is a friend of mine, will you let these things be here till tomorrow; be has not a lodging, he has just come from sea"—he was dressed like a seaman, they were all three present when that was said; they went away, after that one of them came back, I think it was Mrs. Thomas—I did not see the seaman afterwards; she said "These things must not go unless I come for them with that young man"—I had no idea of anything; eight or nine days afterwards Mrs. Thomes and the seaman fetched) the things away—Mrs. Thomas was there three times—Gray was only there on there on the first. occasion.
THOMAS and GRAY— NOT GUILTY .
428. C. W. FOSTER , BRIDGET THOMAS and ELLEN GRAY , were again indicted for burglariously breaking and entering the dwelling-house of. William Lucas and stealing a timepiece and other articles, his property, Foster having been before convicted; to which
FOSTER PLEADED GUILTY — Ten Years' Penal Servitude.
ALFRED BROWN (Detective Officer). This little box was found at 13, Little Drummond Street, it was empty—the timepiece was on the mantle-piece on the first floor front room, that is Gray's room—it had one" little figure standing on it; the metal teapot was in Gray'sroom and this tea caddy, writing-desk, and work-box—one sheet was found on the bed marked "Lucas"—the other sheets were found in Thomas's room, one pair of sheets were found on. Thomas' bed, and two umbrellas underneath—that was on 26th of August, the burglary was on the 18th; the pawn tickets of two figures in bronze, were found in a box in Gray's room—three of them bearing the name of Gray, were found in a small box in Gray's room, and a ticket for two sheets and a work-box, and desk in the name of Gray—no one was present when these were found except Mrs. Thomas' daughter; this being a subsequent burglary, we looked for these things afterwards—I saw the clock in the room when Gray—was there—nothing was said by Gray or Thomas about any of the articles; Thomas denied all knowledge of being there—the tin metal box was found in Little Drummond Street.
THOMAS and GRAY— NOT GUILTY .
FOSTER—Ten Years' Penal Servitude.
WILLIAM CHARLES WINDER . I keep the Wilton public-house, 20, Cov entry Street—the prisoner was my barman for eleven months—prior to September, in consequence of a suspicion, in my presence five half-crowns, three florins, one shilling, and one sixpence were marked—at 5 o'clock on the evening of the 8th of September I took out all the large money—I found four half-crowns and one of the two-shilling pieces—two florins and one half-crown were missing; the prisoner was present at the time—I called him to the top of the bar and told him he had got money belonging to me on him, and I gave him into custody and he immediately took out of his pocket the money, amongst which was one of the marked florins and said "I am very sorry"—he placed it all on the counter and I discovered the florin there which I had previously seen marked.
Cross-examined by the Prisoner. I have entrusted you with various amounts to change, such as cheques for large sums—I may have left diamond rings on the counter; I recollect doing so once—you had the opportunity of taking them—I very often took off my watch and chain at night for safety and placed it behind the bar—when I charged you I did not hear you say "I am sorry to hear it," only "I am sorry."
THOMAS LEADER (Detective C): On the 8th September I marked five half-crowns and three florins similarly to those before me—I handed to a man named Newby a half-crown and a florin—I gave him instructions—at 5 o'clock in' the "afternoon I was in the bar when the till was cleared—the. prisoner could not see what was going on—I afterwards heard the prosecutor tell him he had robbed him of 2s. and that I was a police-officer and he would give him into custody—he said "I am very sorry"——I took; from his pocket a shilling, sixpence and two florins—one of them was one I had marked—he said he had no more money—he was taken to the station and searched and the half-crown (produced) was found in the vest pocket—it is one of those marked—I told him. that was another half-crown—he said nothing—upstairs the prisoner said to the prosecutor "Are you going to carry this to the extreme?"—Mr. Winder said "Yes, I must do it for the sake of my other servants"—he said "I' hope you will save me this exposure.".
JAMES NEWBY (Detective Sergeant C). At 3.30 on the afternoon of September 8th I received half a crown and a florin marked like those before me from Leader and went to the public-house in Coventry Street and passed the half-crown to the prisoner—he gave me the change and placed the half-crown in the till—I went out and then went into the other side and changed the florin—the prisoner laid it on the bar where they washed the glasses.; he placed a cloth over the florin—he then went to assist the young man to place the ice refrigerator in the chest—the cloth was still over the florin; he afterwards took the cloth off, wiped the counter, served two or three customers, and placed the 2s. piece in his left hand pocket—I was in company with Leader when he searched the prisoner at the station—the florin marked in two places was found in his watch pocket.
The Prisoner, in his defence, stated that the 2 s. was paid him by a party known to him.
GUILTY — Six Months' Imprisonment.
MR. MORTON conducted the Prosecution.
Street, Aldgate—I was in. the prisoner's company on the night of 9th September selling whelks and mussels—I asked him to shove the barrow and he refused—I said it was too late to go to his lodging-house, he could sleep at my place to-night—he said "Thank you"—I. undressed myself and was just going off to sleep when I heard my trousers jingle—I jumped up and saw prisoner drop the trousers—he dashed out of the door—I ran and told my father I was robbed—I did not find prisoner, my father found him—I knew him well and knew where he lived.
WILLIAM NEALE . I am the father of the last witness—the prisoner came to my House on 9th September and was talking to me—he came before my son came with the barrow and went to bed—I was dozing asleep by the fire—after a bit my son alarmed me "Father, I am robbed"—I looked and saw Cocklin make a jump out of the door—I next saw him at nearly 11 o'clock on the Sunday in the street and gave him into custody—I asked him twice to give me my money—he said he did not have it—he said "Let me go, don't scandalise me in the street."
JOHN ROBINS (Policeman H 119). The prisoner was given into my custody at 11 o'clock on the Sunday morning, 10th September—I told him the charge—he said "I have not stolen the money, nor unloaded the barrow"—I took him to the station and found two penny pieces on him.
NOT GUILTY .
FOURTH COURT.—Thursday, September 21st, 1876.
Before Mr. Recorder.
MR. RIPTON conducted the Prosecution; and MESSRS. BESLEY, GRAIN, and MEAD the Defence.
THOMAS WALTER BLITHE . I keep a farm at Whetstone about a mile from Barnet—on Monday, 4th September, I saw Reed in Barnet Fair-we had a conversation about a horse, on the Tuesday, he came to the fair with a brown horse which he wanted to Bell—I offered him first 10l., he asked 20l., and eventually he agreed to 13l., with an old light chestnut horse of mine in exchange—he examined my horse and looked at its mouth and legs, it had a short tail coming down to about its hock; it was' a short-necked horse, its legs had ringbone, which is an enlargement round the fetlock—he complained that it had ringbone—I gave him a cheque for 13l. and told him to take the brown horse to the farm and fetch away the one he bought—I also said I would recommend the light chestnut horse to anybody in the fair, and waited about" for that purpose—about 3.30 I had a. communication from a man and went to look for the, prisoner—I met him with my man, who said "This man has got the wrong horse, "he has taken away Tommy"—the prisoner said that he had sold the horse for 14l.—I said "Well, I cannot help it, you must get him back, or you will hear something more of the matter"—then he said "I am sorry if I have made a mistake, we will go through the fair and see if we can find the horse"—he and I and the bailiff went through the fair together; he could not find the horse or the man he sold it to—we went round the fair and eventually stoped at the entrance to a booth—I was on horseback and did not go in—my bailiff was close to the prisoner; he went in—several people came around talking about it, and suddenly the prisoner disappeared
—I sent the bailiff to High Barnet Station and I went to the police-station and told the inspector about it—I went to the other station and arrived two or three minutes before a train started—I saw the prisoner on a seat at the far end of the station—atthe fair and at the farm he had a black mackintosh on; it had rained heavily all day—at the station he had the mackintosh white side out and the black side in—I said "Well, have you got my horse "—he said "No, I have not found him"—I said "I must have you," and I sent for a policeman—it was the light chestnut I sold him, the dark chestnut was the taller of the two by 2 or 3 inches—I know a good deal of horses; they are both aged horses—in my judgment, nobody knowing anything about horses could have mistaken the one for the other—the prisoner, in my interview with him, did not. look at the dark chestnut or examine it at all—we had no conversation about it—both horses were in the same field—he told me he came from Hickenham, near Uxbridge—at the police-station he gave his address, St. George's, Bristol—before then I know some papers had been found upon him by the policeman.
Cross-examined by MR. GRAIN. One chestnut was very light and the other very dark; they were carthorses—one was a much heavier horse than the other—one had a short tail down to the hocks, and the other one almost down to the ground—when the prisoner first came to inspect them they were running loose in the field—there were several other horses and a pony there—I rode first and drove the horses towards the prisoner, got them into a corner, and there was the light one and another one in one part, and the dark chestnut and others went away together—I had the light chestnut about three or four months—I valued her at about 20 guineas—the brown horse left by the prisoner I value at 13l—I trusted the prisoner to take the horse back and get the horse he had agreed to take—I said "Go up and bring that one back again"—he said he should bring him back and asked me to recommend him—the mackintosh is, I suppose, a reversible one—when I saw him at the old station at Barnet it was not raining—it had been raining during the greater portion of the day—the horse he left with me is worth 36l.—.
Re-examined I should think it is not customary to wear the wet side of a mackintosh inside—I have never seen the dark chestnut since.
ARTHUR SMITH . I am a labourer, working. for Mr. Blythe—on 5th September, the second Barnet Fairday, the prisoner came to Mr. Blythe's farm first, between 1 and 2 o'clock—he brought the horse we have now—he said "I have made a deal now; I have made a chock with the little, chestnut horse"—he asked me if I would go down the field and help to, catch the horse—as we were going we passed by the little chestnut horse—I asked him if that was the horse he was going to have—he said "No, the other one on the right"—I asked him if he was sure, and he told me "Yes" every time—the dark chestnut horse was under the hedge across the field—he went down and let the horse" loose which he bought, and then tried to catch the other horse, and asked me to catch it—I did so, and put the halter on it—I asked him again if he was sure it was the right horse—I brought it up and put it into the stable—he fetched it out and took it away with him—the light chestnut was left behind, and the dark one taken away—I thought the matter over and sent a man down to the fair to tell my master—I don't know much about horses—I was there when they were trying to manage the deal, but I did not see which horse it was the prisoner examined.
Cross-examined. One is about a hand higher than the other—I cannot say exactly.
By THE COURT. When I told the prisoner I did not believe it was the horse I said I knew my master had said he did not want to sell the horse for any money, because if suited him so well.
WILLIAM DAVIES . I work for Mr. Blythe—on 5th September, the prisoner came with his dark horse and took the light chestnut horse away—there were two chestnut horses in the field, one dark and the other light—the dark chestnut was taken away—Smith went to catch it—I was sent down by Smith afterwards to the fair—the prisoner was outside the fair—I saw the dark chestnut in the turnpike road tied up by the rails—I recognised him at once—I think it was a little after 2 o'clock—I did not see the prisoner do anything to the horse—the horse remained tied up from an hour, to an hour and a half—the prisoner went up the hill leading the horse from the fair, about 3.30 or nearly 4 o'clock—he did not take the horse into the fair.
Cross-examined. I saw the horse at the bottom of Barnet Hill—it was the same horse I saw tied up for about an hour and a half—I did not go into the fair.
Re-examined. I stayed there watching until I saw the prisoner take the horse away.
WILLIAM SMITH TOLL . I am bailiff to Mr. Blythe—on the. Tuesday I was with Mr. Blythe and the prisoner in the yard, when they were trying to deal for the horses—I was not in the fair—on the day after a communication was made to me about the horse—in consequence of that. I looked about for. the prisoner—Mr. Blythe went one way and I went the other to look for him, and I found him—I told him he had taken the wrong horse—he said that he had not—I said "You have; the horse you have taken away was not for sale"—he said that he was sorry if he had made a mistake'; he would try and find the horse; he had sold it for 16l.-that was about 4 or 4.30—we went up Barnet Hill towards the town together and met Mr. Blythe—I told Mr. Blythe what had occurred, and he said "We will go and look for the horse through the fair," and we all three went back to. the. field where the horses were put up for sale, but did not find the horse—I and the prisoner were together, and a lot of his friends came up round me, and one. spoke to me on one side, and one spoke to him on the other, and the prisoner ran out and I lost sight of him—I did not see him again until he was in custody.
Cross-examined. It might "have been an hour from the time I saw the horse delivered—when the people came up I did not say" anything to them—they spoke to him and one spoke to me.
JAMES POTTER (Policeman SR 22). Mr. Blythe gave the prisoner into my custody at the Station Road, New Barnet—he was charged with taking a more valuable horse out of Mr. Blythe's field than the one he had sold him—the prisoner said he had made a mistake as there were two chestnuts—he would go up into the fair and try to find the horse and return it, if Mr. Blythe would allow him—I took him to the station—I found some money upon him, and a summons, and a railway ticket from Barnet to King's Cross by the main line—I have not got the ticket; when we gave up the property to him by the Magistrate's order, we gave up the ticket too—it was a single ticket, not a return.
Cross-examined. The prisoner said that Mr. Blythe's man helped him to catch the horse—I did not hear him give any address—at the station he gave his address "St. George's, Bristol."
GUILTY — Nine Months' Imprisonment.
MR. BESLEY conducted the Prosecution.
ALFRED, GEE . I am in partnership with George Castrey, at Holloway End Glass Works, Kingswinford, Staffordshire—on 7th February the agreement produced was signed by my partner, myself, and—theprisoner—he owed me about 240l. or 250l.—to the best of my belief it was about 220l., to pay the other debts—we paid a composition—from that date he acted under the agreement as a servant—he was allowed to send in weekly sheets and memoranda of expenses, as agreed upon—the amount was mentioned by his own suggestion—he had two guineas a week and a guinea for expenses, exclusive of the horse and trap—no time was mentioned in which the business was to be returned to him—it was not to return under any circumstances—could he find the money to repurchase the business we should be quite willing to entertain it, and we should have no objection to his having it again—from the first week in February to the last week in July he sent in the sheets regularly—the paper produced contains the result of the sheets for each week, under each particular date—there is one column with RE on it, which means receipt—on the back of the sheet the expenses are set, 1l. for expenses, and 2l. for wages, and two guineas for horse and trap—the amount received shown on the sheets is 470l. 4s. 2d.—on the back of the sheets the expense is 469l. 5s. 7d., leaving a balance of 18s. 7d.—after 29th July, he refused to supply the sheets when asked for—we tried all we could to get them from him; and after that we went to make inquiries—when he was taken into custody he did not account at all—we did not suspend him from his duties until he was taken into custody—he has not accounted for the 6l. 18s. 10d. received from Mr. King.
Cross-examined by the Prisoner. According to our cash-book it took us over 200l., and I believe it was nearer 240l. than 200l. independently of the debt—I should like 5s. in the pound for the business, and will take it from you now if you can give it—the expenses are all explained in your own writing—these are from your own books—we want to hide nothing—the paper I put in is a summary of all the receipts from the first payment to the last day he delivered them.
BENJAMIN JOHN KING . I keep the Crown public-house, Silver Street—I have known the prisoner twelve months, trading in the name of Henry & Co.—I was unaware of any change—on 3rd August I paid 6l. 18s. 10d. on account and received this receipt (produced).
SAMUEL CHIM . I am the London Manager of Castrey & Gee—on 29th February I saw the prisoner give in the sheets and the books as well; they are all in his own writing; they come down to 29th July—the figure 18s. 7d. is a balance due to me—I saw him on 29th July, he promised to come and make the sheets up, but never did so—I saw several times afterwards—I asked him tocome and make the sheets up on the Saturday previous to his being arrested—he never disclosed to me the 6l. 18s. 10d. received from Mr. King, or accounted for it in any way.
THE COURT considered that as no accounts appeared subsequent to July, there was no case to go to the Jury.
NOT GUILTY .
on 27th July I bought 144 cwt. glass at 11s. 6d., and paid 6l. 8s. 6d. cash at 2 1/2 per cent. discount and got this receipt (produced).
Cross-examined by the Prisoner. I cannot say whether you received notice to meet the charge on 4th August, I could not say the date—I had the goods in July.
NOT GUILTY .
MR. CUNNINGHAM conducted' the Prosecution; MR. COLE appeared for Ebell, and MR. RIBTON for Lovett.
DANIEL HALSE (City Policeman C 607). On 21st August about 10 p.m. I was on duty at Old Swan Pier with Lloyd on the arrival, of the excursion boat—as the people were leaving the pier I saw the prisoners and a man not in custody push amongst them in a very suspicious manner; they ran against the people who were coming out, and the prisoners were pushing towards them as though they were going on to the pier—there was a stoppage at the barrier where they take the tickets in consequence of a man not having his tieket—Ebell placed himself in front of the prosecutor and Lovett on his left side, and the man not in. custody close behind him—Ebell placed his left hand under his right elbow to the prosecutor's left waistcoat pocket—I could not see. his hand, it was under his elbow at that moment—the gate was opened and the people were moving out—the prosecutor said to Ebell "I have lost my watch and you have got it"—Ebell said "I have not"—I got hold of him the same moment—he said "I have not got his watch, I have one of my own"—I said "I shall charge you, with others, with stealing it"—I took him into custody and Lloyd took the other-at the station both the prisoners said they had been to Rotherhithe—the inspector said" You had not passed the barrier, where are your tickets?"——they said "We gave the tickets up on the pier" they do not sometimes give, them up on the pier, but always at the barrier-neither of the prisoners Had passed the barrier, but Ebell passed through in my custody, and he gave up no ticket then, and no ticket was found on him at the station—I found upon him a ring and 8d., and a pipe and case and fusees—Ebell gave his name, but refused his address, saying that he did not like to be disgraced.
Cross-examined by MR. COLE. William Ebell is the name he. gave, but when the depositions were read at the Mansion House he said' "My name is E. Bell"—we were both in plain, clothes, we do not usually appear in uniform—I heard the altercation at the barrier about the man who had not got his ticket—I seized hold of Ebell and held him; that was directly the man said he had lost his watch; I kept him in my custody—we were 4 or 5 yards from the barrier—there were a good many people coming from the boat, it is a large boat coming from Rotherhithe Gardens—the pier is 60 yards long I cannot tell whether the boat had started when 'the man. shouted out that he had lost his watch—the barrier was shut not more than a minute and a half—the inspector in taking the charge asked where we had brought the prisoners from—I said "Swan Pier"—he asked ""Had you passed the barrier"—I said "No."—I. found on. Ebell a silver Geneva watch and this metal chain worn in the usual way.
JOHN VERNON . I am a baker, of 22, Penarth Street, Old Kent Road—on the night of 21st August, about 10 o'clock I landed at Old Swan Pier—we had not got off the pier, coming up towards the gate, where they take
the tickets, there was a stoppage—I heard a click at my watch—I put my hand up, and said "My watch is gone," and immediately the police apprehended Ebell—he was standing right against me and my son—In-law was near the right-hand gate—the watch was a verge, and I had it converted into a lever.
Cross-examined by MR. COLE. I did not notice either of the prisoners till the click came—I had come from Southend, some distance further than Rotherhithe—I was on the deck—I did not notice a drunken bandsman on board the boat, between Rotherhithe and Swan pier—we stopped at Blackwall—I did not take particular notice of the stoppages—I knew where I was going to.
Cross-examined by MR. RIBTON. I did not see Lovett do anything—I did not see him until he was in the hands of the police.
GEORGE LLOYD (City Policeman 613). On 21st August, at 10 p.m., I was on duty at Old Swan Pier with Halse—we were both in plain clothes—I saw the two prisoners with a man not in custody on the pier in conversation together about two minutes before the people came off the boat—when the people-were just beginning to come off the boat, they met them—there was a stoppage after some few had passed the barrier—the prisoners were near the prosecutor in front—Lovett on the left, and the man not in custody was behind him—I placed myself at the back of Lovett, and Halse placed himself at the back of Ebell—I then saw Ebell put his left hand under his right elbow to the prosecutor's watch pocket on the left—Levett apoketo Ebell, what he said, I cannot say; but they both turned round and looked at me, and Ebell's hand dropped to his side and Lovett made to go for the other gate—I asked him for the watch—he said "I have not got it; I do not know that man," pointing to Ebell—by that time Halse had apprehended Ebell, and the other man got away—the other gate was about a yard and a half from where we were—Lovett had not passed the barrier, and had not given up a ticket—at the station I found 1s. 11d. and a pipe upon him, but I did find the watch or a ticket.
Cross-examined by MR. COLE. There was an altercation at the gate after some few passengers had gone out—I could not hear it distinctly—it was about a ticket.
NOT GUILTY .
OLD COURT.—Friday, September 21st, 1876.
Before Mr. Justice. Field.
MR. MEAD conducted the Prosecution; and MR. STRAIGHT the Defence.
The particulars of this case are reported at page 348 (Tenth Session), the only additional fact deposed to being that the prisoner remained and assisted in the recovering of the body of the deceased after the others indicted with him had gone away.
GUILTY—Recommended to mercy by Jury and prosecutrix — Three Months' Imprisonment.
MESSRS. W. SLEIGH and AUSTIN METCALFE conducted the Prosecution; and MR. M. WILLIAMS the Defence.
NOT GUILTY .
NEW COURT.—Friday, September 22nd, 1875.
Before Mr. Justice Lindley.
MR. GILL conducted the Prosecution.
NOT GUILTY .
MR. DALTON conducted the Prosecution; and MR. STRAIGHT the Defence.
DANIEL O'CONNOR (Policeman X 41). On 26th August, at 11.15 p.m., I received information and went to 23, St. Mary's Place, Notting Hill—on entering the passage I saw a woman lying at the foot of the stairs, face downwards, her feet were resting on the two bottom stairs, and she was bleeding from a wound oh the top of her head, which was bent down almost on her breast—I raised her into a sitting posture with her head leaning against my knees—she was also bleeding from her nose—she had nothing on but a chemise—I sent for a doctor, he arrived in about ten minutes—I then went to the first floor front room where the prisoner was, and told him—I should take him in custody for causing the death of his wife—he said "Very well sergeant, I will go"—he asked me to allow him to see her, which I did—she was then in the washhouse—he said "I am very sorry for it"—on the way to the station he said "It is all through a man named—Laurence, we went to the Unicorn beerhouse and had some words, and Laurence told her to shut her b——mouth—we then left the house and went home together, and when I got home I stripped and got into bed, my wife kept on jawing me, I told her if she did not shut her mouth I should get out of bed and chuck her out; she still kept on, and I jumped out of bed, she ran to the door and must have fallen downstairs, but I did not hear her fall."
Cross-examined. These are two-story houses, and the road is narrow—there is only a road for one carriage—the stairs are very straight, very steep, and there are no ballasters—the door of the prisoners room opens flush onto the stairs—there is no landing—the prisoner was detained upstairs by a man named Shepherd, who I found with him—the doctor had pronounced her dead when I took him into custody—the door—Is right lacing you as you go up, and I believe it opens into the room.
EMMA TUNNELL . I am the wife of George Tunnell, a labourer, we live in the same house as the prisoner—on 26th August, about 10.20 p.m., I went into their room and they were in bed together—the prisoner said. "Have you got any beer"—I said "Yes"—I had a pint in a can, and I gave them a glass each in bed, he and Mrs. Somers—he said that he had been grossly insulted by a man named Laurence—I said "Nevermind," and wished them good night, left the room and went into the street, and when I returned about 11.30 I saw Mrs. Somers dead in the washhouse—they appeared on very good terms.
Cross-examined. The prisoner was at work, but I do not know where, he had not been at work that week, because he was not well—our. rooms are on the same floor, and there is a small landing.
MARY ANN ROGERS . I live at 2, St. Mary's Place, Notting Hill, which is opposite the prisoner's lodging—I can see from my window into his room—I heard a slight wrangling going on his room, about 11 o'clock, and distinctly heard the prisoner's voice saying "You b——old b——take that".
I knew his voice and am sure the voice was his—I then heard a dreadful fall, but could not see anything in his room as there was no light there—I had a light; I could not distinguish anything in their room—there was no more that I know of.
Cross-examined. I said before the Magistrate "The moon was rising," that was a mistake and I wished to rectify it; I don't know anything about the moon, it had been raining—I live on the first floor—I went across to the prisoner's house directly I heard the fall.
JAMES BROOKER . I am a smith, and live in the same house as the prisoner—on 26th August I heard a fall, went out with a light and saw Mrs. Somers lying belly downwards in the passage—the prisoner came down in his shirt and said "You b——old cow, I have done it at last"—he then returned upstairs to dress himself and a relation of mine, Mr. Shepherd caught hold of him—he and the deceased have lodged in the house twelve months—I never saw her drunk.
Cross-examined. She took a glass of beer sometimes like other people—I was alongside the body at the foot of the stairs when he used that expression, and he was on the fifth stair from the bottom—the doctor had not come then—I heard no noise or quarrelling—I live downstairs and have two rooms, front and back—I was in the front room just uuder them.
REBECOA EMILY BROOKER . I am the wife of the last witness—we occupied two rooms downstairs underneath the prisoner's room—on 26th August, shortly after 11 o'clock, I heard a fall and went out and saw Mrs. Mumford lying at the foot of the stairs and her feet up three steps; we called her Mrs. Somers; she was in a pool of blood which was coming from her head, and her face was downwards—the prisoner came down five stairs; I believe he was in his shirt—he looked down and said "You b——old cow, I have done it at last," and he turned round and went up again—I knew her, she had lived in the house nearly twelve months—I never saw her drunk.
Cross-examined. I said I knew she had had enough, she has always been able to get upstairs—I went out about five minutes after my husband and after another five minutes the prisoner came down.
Re-examined. I mean that she knew when she had enough; she never staggered, she always went upstairs.
THOMAS SHEPHERD . I live at 2, Goreham Place, Notting Hill—I was going by St. Mary's Place, about 11.15 and heard "Police!" and "Murder!" called—I went into the passage and saw a woman lying at the bottom of the stairs in her shimmy—I saw the prisoner up the stairs and caught hold of, of him—he said "Let me go and put my trousers on"—we" both went up—I went into the room and held him while he put his trousers on—he said "Where is my knife"—he said nothing about his wife, nor did I—I held him a quarter of an hour till a constable came.
Cross-examined. The cries of "Murder!" came from Mrs. Brooker.
RICHARD JAMES , M.R.C.S. I was called to 23, St. Mary's Place, and there saw a dead woman—I made a post-mortem examination and found a large scalp wound on the side of the back of the head, about 2 inches long and forked at one end, Y shaped; it might have been occasioned by a fall or a blow—death was due to concussion of the brain—there was no fracture of the skull—there was an old bruise on one wrist and a bruise on the forehead, also a little bruise by the mouth of recent date.
Cross-examined. That might have been caused by the fall—the wound on the head was consistent with her falling downstairs—I think it is possible
that if she had been instantly attended she might have been saved—the stairs are very narrow.
Re-examined. In concussion of the brain it is not necessary that there should be external marks—I found no projection on the stairs which would occasion the wound—there is a slight curve at the foot of the stairs.
GUILTY —The Jury stated that they considered the deceased met with her death in trying to escape from the prisoner's violence— Eighteen Months' Imprisonment.
THIRD COURT.—Friday, 22nd September, 1876.
Before Mr. Common Serjeant.
MR. E.D. PURCELL conducted the Prosecution; and MESSRS. WARNER SLEIGH and AUSTIN METCALFE the Defence.
BARNET PEARSON (interpreted). I am a ship's carpenter—on the night of the 15th I was in a public-house near the Tower, where I saw the prisoner—I had money in my side pocket, I took it out to pay for the drink and put it back again and made my way to the door, which was open—the prisoner and two other women were close to me, and I saw the prisoner withdraw her hand from my pocket, and run out and I ran after her and caught her round the corner and gave her into custody.
Cross-examined. The other females ran after me and the prisoner, and went away—I left my ship about two days before I lost my money, when I received my pay, between 10l. and 11l.—after I received my money I went on board ship again and took my clothes on shore—I had a drink but not too much—I was a little intoxicated, I fell down in the gutter—I have been at my boarding-house since—I put my purse in my right-hand coat pocket when I went into the public-house—I felt the hand in my left trousers pocket, where I put it after paying for the drink—I remember being examined at the police-court the next day—I told the Magistrate that I had the money in my left trousers pocket.
NOT GUILTY .
MR. LILLEY for the Prosecution offered no evidence.
NOT GUILTY .
FOURTH COURT.—Friday, September 22nd, 1876.
Before Mr. Recorder.
441. CHARLES LORNEN (19), and WILLIAM BOOKER (16) , Burglariously breaking and entering the dwelling-house of Adgmest Ehrlich, and stealing therein seven coats and other articles, his property, and six books and other articles, the goods of Jessie Denelain.
MR. C. MATHEWS conducted the Prosecution; and MR. M. WILLIAMS appeared for Lornen.
THOMAS MARLES (Policeman E 462). On Sunday morning between 5th and 6th August I was in Northumberland Avenue at 1.30, I there saw the two prisoners—Lornen way carrying a large brown-paper parcel, and wearing along Ulster overcoat—they turned into Northumberland Street; I followed them—I allowed them to go on for some time, and then I went up to them
—Booker turned round and threw Ms parcel down—I cried out "Stop theif"—I was in the act of catching hold of Lornen when he shook the Ulster coat off, and 399 came out of the Strand and caught hold of Booker and I caught Lornen and took him into custody—I found afterwards that there were two more small coats inside the Ulster coat—I told him I should take him into custody for being in possession of property supposed to be stolen—he said" You have made a mistake, the right man has gone"—the brownpaper parcel was addressed "Mrs. Denenlain, 9, Craven Street"—I went to that address, I saw Mr. Ehrlick and he aroused Miss Denenlain—he found his portmanteau and drawers and cheffionier had been broken open; Miss Denenlain's room had been broken into and was in confusion, and on a large round table were marks of grease from a lamp—I also found seven coats, six books, one dress, one skirt, one silk polonaise, and other articles—at the station I found three keys, one upon Lornen, and two upon Booker—the whole of the keys opened the front door of No. 9, Craven Street.
Cross-examined by MR. WILLIAMS. I saw Lornen throw the parcel down—I was about 1 or 2 yards from him; they were walking together—ho was waiting while Booker was doing up the bundle.
JESSIE DENENLAIN . I keep a lodging-house, at 9, Craven Street, Strand—on 5th August I went to bed at 12.30; all was safe in the house—the front door was closed—my lodger, Mr. Ehrlick was not at home—I was aroused by the police about 2.30, came downstairs, went into the sitting room and found it in great disorder—Mr. Ehrlick's room was also in disorder—my portmanteau had been taken out of the room into the hall; it had been forced opened and rummaged—I lost several articles.
Lornen's Defence. On this Saturday night I met a few friends, members of a rowing club—they asked me to drink, and I had a few glasses—I did not feel very well, as I am not used to drinking, and I went for a walk on to the Embankment and then to the Avenue—I heard the cry of "Stop thief," and I saw Brooker in the hands of the police—I stayed about two minutes, and then the constable arrested me—I said "You have made a mistake, you have got the wrong man"—he found nothing on me—on the Monday he produced a key, about an inch long, and said that key could have opened the door—it was the key of a little box.
Booker staled that Lornen opened the door with a key, and they went into the house; that Lornen found a candle and went in and broke open the portmanteau and drawers, and took the articles and made him carry them.
MRS. BOOKER. Prisoner Booker is my son—he had left home a fortnight—before that he had been a good boy—I have to go out charring daily, and perhaps he has not been looked after so well as he might have been—I had not the slightest idea he had got into bad company.
LORNEN received a good character— Six Months' Imprisonment.
BOOKER— Judgement respited.
MR. DENISON conducted the Prosecution.
The Prisoner stating that he would PLEAD GUILTY to unlawfully wounding. The Joy found that verdict — Three Months' Imprisonment.
Before Mr. Recorder.
MR. TICKELL conducted the Prosecution.
WILLIAM TUCKER . I am a butler at 186, Edgware Road—on 28th August I had been with a friend to Victoria Docks, and came away at about 5 or 6 o'clock, and went into a public-house, the prisoner was there; he had a quart of beer and wished me to drink—I said that I was much obliged to him, but as I was with my friend I did not wish to intrude upon his company; he was quite a stranger to me—I remained in the house about half an hour—I then left, the prisoner followed me out; I was asking outside if they could direct me to Vicarage Lane, Shalford, where my sister lived—the prisoner said "I will show you, I will put you in the right road"—he accompanied me down one or two streets to the marshes—he said "You will have to cross here—I said "Oh dear, it is so very dark"—"Yes," he said, "You must cross here;" it was quite the reverse road—it was a very dark night—after we had had gone some distance he caught me by the collar and said "Now you b——down with you"—he threw me down and said, "Give me all you have, and if you make any noise, I will put this bullet through your head"—I felt a pistol touch my head—I had my hands in my pocket when I was thrown down and my watch was there—he took the watch and chain away—I got up and cried out and went back and told a policeman, and gave a description of the man—I saw the prisoner the next day, at the station with eight other men, and picked him out immediately—I said "You know me"—he said "Of course I know you"—I charged him with stealing my watch and chain and money—he said "No; you may say whatever you may of me, but I was never a thief, I never stole your watch"—I charged him with the robbery as well as the assualt.
Cross-examined by the Prisoner. I was sober; I was locked up to save my clothes; I was charged with drunkenness, but was acquitted—the policeman took me to the station to protect me till the morning—you went into a public-house—I was not talking to any female—I stayed about half an hour in the public-house—when I was robbed it was about 8.30 or 8.45—you were following me all the time—you said you would put me in the right way to my sister's at Shalford—I should think the distance to my sister's was 2 1/2 miles.
WILLIAM MOSS (Policeman K 123). On Monday, 28th August, I was on. duty about 20 yards from the Victoria Dock—about 7.30 I saw the prosecutor going into the Victoria Tavern; I saw him come out again, and he asked me the way to the Vicarage Lane—the prisoner came out after him—I saw them go down Harris Street—the prisoner followed the prosecutor, who stood talking to a female at the door about two or three minutes—the prosecutor and the prisoner went afterwards into another public-house—they both went down Harris Street in the direction of the Marshes—the road across the Marshes would lead to Vicarage Lane, Shalford—I lost sight of them at the Marshes—the prosecutor came to me about 9.30 very much excited—he told me he had been robbed of his watch and chain and money—I took him to the station, he made a complaint there, and gave me a description—next day I met the prisoner in the North Woolwich Road—I told him the charge—he said "I did not rob him, I was only drinking with
him"—I took him to the station and went for the prosecutor—I fetched eight workmen who were working outside and put the prisoner amongst them and the prosecutor went and touched the prisoner and said "That is the man that robbed me."
Cross-examined. The prosecutor was in the public-house about an hour and a half—I never noticed you in there—I charged the prosecutor with being drunk—he had been drinking and was excited and put out, and said he had to go all the way to Vicarage Lane and did not know the way.
By THE COURT. The sergeant said "He had better be locked up, for he will only get run over, or be robbed again"—he seemed to know very well what he was about—I saw the chain—a little girl, Ellen Fletcher, picked it up and his hat.
ELLEX FLETCHER . One Monday night, between 8 and 9 o'clock I saw the prisoner chuck the prosecutor down and kneel on him—he then ran away—I saw him take prosecutor's watch and chain—I picked up the chain.
By THE COURT, It was so dark I could not see the person who knelt down and ran away—I cannot identify the prisoner's face.
GUILTY *— Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
WILLIAM BENNETT . I live at 4, Montague Crescent, Lewisham, and am a carman—I employed the prisoner as a carman for about five week's—on Thursday, 31st August, I sent him with a horse and cart to do a days work in loading bricks from Lewisham Station, I value them at 30l—he was to return that evening; he did not return—I afterwards received a telegram from Dartford, and went there next morning and found the prisoner in custody, and my horse and cart in the possession of the police—I charged the prisoner with stealing it, he made no reply—the cart had my name on it.
HENRY COLLIER . I am a horse dealer, of 40, Lowfield Street, Dartford—. on Thursday afternoon, 31st August, I saw the prisoner there outside the Salutation public-house, and the horse and cart was standing at the door—the prisoner asked if I would buy it—I asked him the price—he said 22l.; I bid him 12l.—I asked if it belonged to him—he said "Yes, and he came from Eltham"—two policeman came along, I walked away—after they left I went back and said I did not think I should have anything to do with it—the policeman came and took him into custody and took possession of the horse and cart; I saw a name on the cart but could not read it.
WILLIAM ELCOMB (Policeman P 190). I took the prisoner into custody at Deptford—I told him I should have to take him to Lewisham, where he would be charged with stealing the horse and cart—he said "I don't know—how I came to bring it down here."
Prisoner's Defence. I was drunk and did not what I was doing.
GUILTY — Six Months' Imprisonment.
MR. RIBTON conducted the Prosecution.
EDWARD BURN . I live at 291, Lynton Road, Bermondsey, and am in the service of Messrs. Cripps—on the morning of 26th August, about 10 o'clock, I was driving a cart along the Lower Road, Deptford—I saw two vans before me—the prisoner was driving one of them, there were chests of tea in the other van, and barrels in the prisoner's van; the vans were following each other—I saw a man who has escaped, walking behind the tea van, in front of the prisoner's horses; he looked round suspiciously, I was behind—I could not get by at the time, because of the traffic—I saw the rope of the van was undone; I then trotted by, looked round and saw the chest of tea on the man's back, he put it into the prisoner's van and covered it up, and got into the van—I went and spoke to the prisoner, and the man then got down and disappeared while the van was going on—the prisoner drove on very fast; I stopped him and sent for a policeman—the prisoner must have seen the man put the chest of tea in his van; he was right in front of him at first, and he turned round and saw him put it in, and then he drove away as fast as he could, whipping his horse; I galloped after him and overtook him.
JAMES WHEAL . I am a carman in the service of Henry Jones—on 26th August, I had charge of a van, containing thirty-five chests of tea; I was driving along the Lower Road, Deptford, sitting on the front of the van—I did not miss the chest until the gentleman told me of it; I then saw it in the prisoner's van.
The Prisoner's Statement before the Magistrate: " On the Saturday before last, I was at Hibernia Wharf, with nine barrels of pork, a man came and asked me to go with him to Dockhead, to fetch some rope; I said 'All right' I went to Dockhead. He said 'It is not here; it is in the Surrey Commercial Dock' He asked me to have some beer, we went to the Jolly Sailors, where we got to the Canal Bridge. He said 'Go by that van.' As I was driving by he said 'You have come too far now, turn round again," and as I turned round I saw him cover up a chest, of tea on my van. He said 'Go on as hard as you can,' and he got out and ran away. I drove on and turned to the left, and then to the right, and seeing the witness coming after me I stopped."
Prisoner's Defence. If I had wanted to get away I had two horses, and could easily have done so, but I stopped and told the witness and the policeman what I knew about it.
GUILTY — Nine Months' Imprisonment.
Before Mr. Common Serjeant.
447. JAMES LITTLE (25), and JAMES DOWNEY (21), (soldiers), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of John Fenn, and stealing therein one watch and chain, his property; alsoto doing wilful damage by breaking certain glass of said John Fenn— Twelve Months' Imprisonment each.
MR. MOODY conducted the Prosecution.
WILLIAM SEDGWIOK (Policeman R 316). On Saturday night, 8th July, I received information, and went to 20, Old King Street, Deptford, about 8 o'clock, where I found Dennis Griffln lying on the ground in a pool of blood with several wounds on his head—I broke into a room on the same floor where I found the prisoner, I told him I should take him into custody for wounding Griffin, he made no answer, he had been drinking a little.
MARGARET GRIFFIN . I am the prosecutor's wife, we live at 20, Old King Street—on the night of 8th July, the prisoner and my husband came to the door of our house—some children wore about the door, and the prisoner said that he had something which he had used before, and he would use it to the children—my husband said that the children must bo in some place—the prisoner said "You are not on to your children, you are on to me"—there were some words, and the prisoner went in and brought out this reaping hook (produced), and struck my husband on the head with it—I think he struck him five strokes, because there were five wounds, he fell, and I sent for a policeman—the prisoner then went indoors, and threw down the hook in the passage, where I had to pass to go upstairs—I sent the policeman there for it.
Cross-examined by the Prisoner. I left you upstairs in your own room—I am not swearing falsely—you had threatened my husband all the week.
DENNIS GRIFFIN . On 8th July, I was at my own door, and some children wore in the doorway—the prisoner came up as soon as I did, and told them that if they did not get out of the way he had something that would cut their heads off; and he said "You are not on to the children, you are on to me," and he went in and brought out this sickle, undid the hay-band which was round it, and struck me with it, and I did not recover consciousness till I was in the hospital—on the Tuesday night before, he said that he had something indoors, and that he had done it once before, and would do it again.
Cross-examined. My wife did not assault you, nor did I.
GEORGE HENRY MAKINS . I am house-surgeon, at the Seamen's Hospital, Greenwich—Griffin was admitted there on the 8th, and I came on the 23rd after which I attended him—he had five incised wounds, two of which had not closed up—four of them were very severe, and one went down to the skull—they might have been inflicted by this sickle—ho was in danger for some time—some of the bones of the skull died, and had to be removed.
GUILTY *— Two Years' Imprisonment.
Before Mr. Justice Field.
MESSRS. STRAIGHT and HORACE AVORY conducted the Prosecution.
MARIA RAVEN . I am the wife of William Raven, of Richmond Place, Plumstead—I am one of the sect known as the Peculiar People—the prisoner and his wife live at Woolwich, I know them; they are also members
of the sect—I knew their child, Ann Downes, who died lately—I was present at its birth; it was about a year and five months old—I first went to see it about a fortnight before its death—it was in pretty good health before that—it was usually in good health—when I saw it then, it seemed as if it was teething, and had convulsions; there was a little fever attending it, but that is always so—I went to see it—frequently After that—I noticed that it was getting worse—I saw it on the Sunday before the Tuesday when it died—the fever had then increased a good deal; and it had a sore throat just coming on—there was very little swelling of the throat—I did not see the child any more till the night it died—the mother sent for me—I was there at the death—the swelling had got worse—it was extensive; I saw it alive between 6 and 7 o'clock; it was then in convulsions—I put it all down to teething; her children always suffer like that at teething—no medical man was called in, or any medical advice obtained—there are plenty near if we chose to have them—the prisoner worked for Mr. Arnold, a timber merchant—I was not present when the elder visited the child.
EMMA JENNINGS . I am the wife of James Jennings, of Powis Street, Woolwich—he is not a member of the Peculiar People—I know the prisoner, and knew his child Ann—it was a healthy child up to the time of this illness, with the exception of having measles about three months before—I saw her about three weeks before her death, she seemed very poorly and seemed gradually to get weaker—I thought it was teething—about a week before its death, I saw a red rash out on it—I spoke to the mother about it—the prisoner was not present—a day or two after I saw a swelling in the neck, it got larger,-and the child got weaker—I thought it had a fever—I was with it nearly all the day before it died—I saw it on the Sunday morning before going to church—the prisoner was present—it was then very weak and low—the rash was dying away at that time—the prisoner went home to his meals—I believe the swelling in the neck was more on one side than the other, we remarked that it looked more like an abscess forming, it was swelling largely—nothing was said about medical aid; I believe the conversation was chiefly about a prayer meeting being held for the child, and one was held on the Monday evening—we have a prayer meeting when we see they are very ill—I was not present when the elder was called in—I went on the Monday evening about 9 o'clock—the prisoner came in while I was there; the child was then worse, I thought it was dying—the prisoner said he thought it would get better—I told him it would be as well not to think so—I believe he thought when the prayer meeting was on the Monday night that the Lord would deliver the child; we thought that the Lord would heal it—I was not present at the prayer meeting, I saw the child after the prayer meeting, it was very low and laid much quieter, it was sinking, it had been convulsed—I believe no medical advice was obtained during its illness, it is contrary to our faith—the parents gave it all the nourishment it could take—the prisoner was in work at the time, I don't know what wages he earned, he is a general labourer.
GEORGE HURRY . I am an engine driver, and life at Plumstead—I am one of the elders of the Peculiar People—I was tried here on a charge of man-slanghter—it is part of our faith not to call in medical advice, except we sec the need of it; it would only be in the case of a broken limb; we should employ a surgeon to set a broken limb, but I don't suppose we should for any bodily ailment; not for consumption; that is the line we have observed fur the last forty years—I believe I have said this in the prisoner's presence
"If a member broke his leg or had a serious wound we should provide medical attendance; we have skilled women in our sect, they do not take the name of midwife, they do not take that responsibility, but they answer the place of one;" that is not to deal with cases of sickness, only with the women of our sect when confined—I have known the prisoner and has wife about four years, they belong to our peeple—I have prayed and laid hands on children of his before this one, I did so in the case of Charles Downes, I anointed him; he had a long illness and died about May last year—when he was first taken ill we thought he was teething—I have known this child, Ann, from its birth; she was a healthy child up to two or three weeks of her death, with the exception of measles and other ordinary children's complaints—I was called in to see it as soon as this illness set in, about three weeks before its death—I used to visit it about three times a week—during that time I prayed with it, and anointed it with oil—while the child lives we do not cease to pray and anoint it—we begin to anoint as soon as sickness sets in—on the Monday, before its death there was a prayer meeting, I did not conduct it, my brother elders did, there are three besides me—I think I last saw the child on the Sunday, before it died on the Tuesday; it was then very bad—I did not know exactly what was the matter with it—I saw the rash, there was a slight appearance of a red rash "which I considered arose from teething, I being the father of a family have seen those appearance in my own children—I did not say anything particular to the prisoner on the subject—he was in work, his wages were from 1l. to 21s. a week.
ALFRED SHARP . I am an M.D. of the University of Edinburgh, and a Burgeon, and reside at Woolwich, about ten minutes walk from the prisoner—I made a postmortem examination of this child by order of the Coroner—externally the body was free from any marks of violence; it was not emaciated, it was in very fair condition, fairly nourished—as far as external appearances it appeared to be the body of a healthy child, except the enlargement of the maxillary glands; that would come from disease—I found a large glandular swelling on the right and left sides of the throat—the brain and membranes were all healthy, the heart was healthy, and the lungs, except trivial congestion, which would be accounted for by its lying two or. three weeks—the "stomach contained a small quantity of fluid nourishment, with probably a little wine—the liver was healthy, the spleen much congested; both kidneys, especially the left, in a state of degeneration, the bowels and other organs were all in a healthy condition; in my judgment death resulted primarily from scarlet fever, secondarily from disease of the kidneys; both those are amenable to medical treatment; by that, I mean that many cases suffering in a similar manner recover under treatment—taking the fact that the child was apparently a healthy one, apart from these matters, if medical attendance had been called in, its life might probably have been prolonged; of course I cannot say positively, no one could—I think the chances of its life were lessened by the absence of medical aid, and the health seriously endangered and injured.
Prisoner. I never heard it said that we were compelled by the law to have a doctor, and I did not think the child needed it.
HENRY AVORY . I am the Clerk to this Court—I was present at the previous trial of the prisoner, and, afterwards, when (the point of law having been reserved), sentence was passed upon him by Mr. Baron Huddleston. The learned Judge commenced by saying that he believed the opinion which these people had brought themselves to, was an honest one, that
they were acting bona-fide, but that now the Court had decided that the law was against them, and however much right they might have as grown up persons to deal with themselves in any way they thought fit, they had no right whatever to deal with helpless children, who were under their charge and who could not reason or judge for themselves; that the statute, to which he called the prisoner's attention, made it the duty of a parent having charge of an infant, to provide medical aid for it whenever it was necessary, and that if hereafter they neglected' the duty of calling in medical aid when it was necessary, they must be prepared to put up with the consequences; that it could not be permitted that they should allow their children to be without medical aid when the law stated that they should provide it; thereupon, the prisoner, in substance, said that he would communicate with the elders of his people, and now that the law—was clearly ascertained, he for himself and the others, he had, no doubt, would abide by it.
Prisoner's Defence. I never thoroughly understood that we were compelled to have medical aid, not when I was here before. I don't think I should have broken the law if I had known it had been kid down distinctly as the gentleman says; My lord spoke very nice, and I was no doubt rather excited at the time. The child was sucking at the breast, and we gave it a little sherry and water, and a little brandy and water, or port wine, and we prayed earnestly to the Lord to deliver it. We have seen the goodness of the Lord displayed many times.
GUILTY — Three Months' Imprisonment without hard labour.
Before Mr. Recorder.
It appearing from the Prosecutor's evidence thai he had treated the transactions as a matter of account, the Jury found the prisoner.
NOT GUILTY .
451. WILLIAM LAZENBY (42) , Feloniously inciting Charles Drew Harris to sell, utter, and publish divers obscene and scandalous printed books and printed articles. Second Count—for inciting Charles Drew Harris to procure a large quantity of indecent works with a view and knowledge that they should be printed and published.
MESSRS. POLAND and MEAD conducted the Prosecution.
The details of this case were unfit for publication.
He also PLEADED GUILTY to a privious conviction of a like offence in July, 1871, when he was sentenced to two years'imprisonment— Eighteen Months' Imprisonment.
MR. REED conducted the Prosecution.
WILLIAM ROBINS . I am a painter of No. 2, Conley Road, Peckham—on the morning of this occurrence I was in the Borough walking-home from Fenchurch Street Station—I had lost the train—I missed my way and
got down some street, I do not know the name of it, prisoner came up to me and knocked me down—he hit me between the eyes and then in the eyes, and took from my pocket between 6s. and 7s.—I bled from the nose and mouth—I had had a glass or two to drink—I was not drunk, I knew perfectly well what I was doing—I am quite certain the prisoner is the man—I went across the road and told a constable—I pointed the prisoner out, and said "That is the man,"and he took him into custody—when he knocked me down and was taking my money he put his knee on my chest, and his ice was near mine.
Cross-examined by the Prisoner. I could not say exactly how long before the occurrence I had seen my money safe, perhaps, about an hour or so—I first saw you about 2 o'clock—I. had not seen you at all before—you did not lead me anywhere.
THOMAS PAT (Policeman M 83). I was on duty in Mint Street at 2.15, the prosecutor came to me and said "Policeman, I want you"—I told him to stop, and as I was proceeding towards Vine Court I met the prisoner—I stopped him, knowing him to live in Red Cross Street—the prosecutor said "That is the man who knocked me down and robbed me of 7s."—I asked him what he had to say—he said "7s.? I have not got but 2s. or 3s. in my pocket"—when searched at the police-station I found stains of blood on his coat and hands, 1s. 6d. in silver and some pence—I examined the place of the assault and found some blood—the prosecutor had been drinking rather hard.
Cross-examined. I saw you coming along—you were willing to go with me—you made-no answer when I found the marks of blood upon you.
NOT GUILTY .
453. EDWARD WADE (18), FREDERICK PUTMAN (23), and SAMUEL PAGE (19), were indicted for feloniously stealing twenty handkerchiefs of Edward Jackson, and feloniously receiving the same knowing them to have been stolen.
MR. GOODMAN conducted the Prosecution; and MESSRS. STRAIGHT and C. MATHEWS, the Defence.
JOHN PULLER . I am assistant to Mr. Johnson, pawnbroker, 89, Bermondsey New Road—the handkerchief produced was pawned by a person named John Pierce, on Saturday, 26th August, about noon—prisoner Page is the man who pawned it—I never saw him before and did not see him—again till I saw him in the dock.
CHARLES FELL . I am assistant to Mr. Naish, of King Street, Bow—on Saturday afternoon, the 26th August, between 2 and 3 o'clock Page came and offered me a twofold handkerchief—in my own mind I am sure of his identity, because when I would not give him the money he gave me some words of abuse.
EDWARD WILLIAMSON . I am assistant to Mr. Hodgkinson, hosier, of 9 High Street, Borough—we had some handkerchiefs taken out from a case that night—I know the handkerchiefs, and I firmly believe that the hand kerchief produced was in the case, because in the middle of it there is a mark as if the clip holding the ticket had been through—I did not observe the hole before—the clip is put through with the ticket on—there was one of the same pattern as the handkerchief produced—that pattern, I believe has only been sold to our house.
EDWARD WILLIAMSON (re-examined). We had in stock a handkerchief exactly corresponding with the yellow handkerchief (produced)—I do not think it could be bought at any other shop—we had about twenty dozen, and we have about five or six dozen left.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. E. D. PURCELL conducted the Prosecution.
JENS HENDRICK BENSEN (interpreted). I am a ship carpenter, my vessel is lying at Rotherhithe—at 11.30 at night on the 5th August I went on board and went astern first, and then to the forecastle—the doors were shut—when I tried to open the doors the prisoner called from within and asked if I was the carpenter—the prisoner and another man rushed out—the prisoner then took me by the shoulders and and the other man round my arms—I said to the prisoner "What do you want with me?" and felt a blow on my neck, and he afterwards cut me in five other places on the head, neck, and breast, and he let go his hold and ran away—I threw an oil can after him after he stabbed me.
JORGEN HULVORSEN (interpreted). I am an able-bodied seaman in the same ship—I heard the prisoner say he was going to run for his knife and saw him run towards the forecastle, but I did not know when he came back whether he had got a knife or not; I did not see any knife—I was aft in cabin; I heard a noise on deck—I don't recollect the prisoner saying." I am stabbed," or he has got a knife."
SAMUEL TILLEY . I am a surgeon, of 70, Union Road, Rotherhithe—I was called to the prosecutor on Sunday morning, the 6th August, about 1 o'clock—I found him in the police-station bleeding from several wounds—I discovered two on that occasion and two the following morning—they were incised wounds such as might have been inflicted with a knife; they have not turned out to be dangerous; they were in dangerous parts—I found the prisoner also had a cut on the head and two on one of his hands; I think they were lacerated wounds and there was a cut between the thumb and finger which seemed to be incised—the wound in the head might have arisen from a can having fallen upon it; it was a contused wound—the prosecutor is well now.
CHARLES STOYLES (Inspector of the Surrey Commercial Docks). I was called to the ship in question at about 11.45 on the Saturday night—I searched but could find no weapon—I found the prisoner bleeding from his hand, and the prosecutor bleeding from several wounds on his body—they had both been drinking.
Prisoner's Statement before the Magistrate. "I have nothing to say. I don't know anything, except that I have got a cut on my head."
GUILTY of unlawfully wounding — Three Months' Imprisonment.
MR. METCALFE elected to proceed only on the charge of assault, and a verdict of
NOT GUILTY was therefore taken on the other charge.
ALFRED CORDING . I am a constable on duty at the South London Palace not in the police force—at 12.45 on the morning of the 10th August I was leaving my duty—when I got down as far as Meadow Row I heard the scream of a woman—I proceeded to the spot, when I saw the prisoners and seven or eight more men quarrelling with two women—I cannot say whether there were any blows before, but there was no blow afterwards—I took no part in the disturbance—Brooks turned round to me and asked me for a match—I said I had not got one, when he asked me for a bit of tobacco—I said I had not got any, when he put his finger in my side fob pocket and took out my tobacco and threw it behind him—I asked him what he had done that for, when he deliberately struck me on the nose with his fist, saying "That is what I done it for"—I fell on the ground—I then put up my arms to stop other violence, when I was struck from behind, by Moss, in the back of the neck—I know it was Moss, because I turned round at the time and saw no one but Moss behind me; he was drawing back his arm to hit me again, I got up and seized Brooks, when Moss caught hold of me and struck me again—I then kept hold of him and Brooks till a constable came up and I gave Brooks into custody—the other went away—I saw Moss again, I should think, about two minutes after in the Falmouth Road, when Brooks was in custody, as we were proceeding to the station—I then charged him with the assault and gave him into the custody of another constable—I had known both prisoners before, so I could not be mistaken.
Cross-examined by MR. LILLEY. This occurred at 12.45 in the morning—there might have been thirty or forty persons at the corner of Meadow Row; there was a quarrel with some women, and a woman's scream attracted my attention—I did not return, I was going past, straight along New Kent Road—I dare say there were ten or twelve persons near at the time the request for tobacco was made, there might be a few more, no other person joined in applying for tobacco or spoke to me, nor I to them—I struck nobody whatever—I might have touched him in warding off the blow—I had given no provocation whatever—I have been in the Metropolitan Police—a complaint was made against me for assaulting a woman while in the police; I was not fined, but discharged—my superintendent gave me a good character.
Cross-examined by MR. C. MATHEWS. Brooks escaped after I gave him into custody—he was not taken to the station that night—the distance' between the lamps about there is rather long—about 30 or 40 yards.
Re-examined. I entered the employ of the South London Palace two days after I left the police, and have been there about six months, no complaint has been made against me.
JAMES BONIFACE . I am a carman to Mr. Large, of Lambeth Road, and live at 17, Harriet Street—I know Alfred Cording and worked with him up at the South London Palace at night, I was with him on the night in question, walking down the Kent Road, when we heard a woman scream—we proceeded to the spot, when I saw the two prisoners and seven or eight more—Brooks turned round and said to Cording "Have you a match," he said "No"—Brooks said "Give me a pipe of tobacco," and he said he. hadn't any, when Brooks put his hand in Cording's pocket and takes it out—I goes to pick it up, and Moss shoves me on my face—Cording asked him what he took his tobacco for, and he hit him between the eyes, on the nose,
and said "That is what I took it for"—I did not remain on my face; I was not held down—I saw Moss given into custody.
Cross-examined by MR. LILLET. I was not before the Magistrate—I work with Cording at the South London in the evening, as potman, and work as a carman in the daytime—Cording did not go up and say anything to anybody—he did not turn back or turn down Meadow Row.
Cross-examined by MR. C. MATHEWS. I remained on my 'face about two minutes I should think.
WALTER CALLINGHAM (Policeman M 134). I took Brooks into custody—I gave him over to 124, while I apprehended Moss; Brooks escaped, and was afterwards apprehended on the 12th by Sergeant Welsh, in the Kent; Road—I am quite certain he was the same that I took into custody—I took Moss to the station at the time.
Cross-examined by MR. C. MATHEWS. I did not say that I would make it warm for him in this matter in consequence of his having escaped.
ALFRED CORDING (re-examined): My hat was knocked off by Brooks—I did not hand it to Boniface; I did not have time to take my coat off or stand out as though to fight—what he struck me for was for having my tobacco pouch—that is what he said.
GUILTY of a common assault — One Weeks' Imprisonment each.
MR. POLAND conducted the Prosecution.
EUSTACE FORD SHEARS . I keep the Dover Castle, Dover Street—on 20th" August, at 10 p.m., I served the prisoner with a pint of half-and-half; another man was with him—he gave me a bad shilling, I bit it but did not put it in the till—I wrapped it in paper and wrote down the prisoner's description at the time, having received instructions—Mary Thompson was at the bar—on 29th August the prisoner came again, about 8.15, I gave. some instructions to Mary Thomson, she served Mm, and as he was leaving she brought me a bad 6d., saying "There is the man who has just given me this"—I went after him, but he was gone—I communicated with the. police, saw the prisoner at the station, and picked him out from about eight others directly—I am quite sure he is the man, he wore a black and red scarf on both occasions, but not when I picked him out—he had it on again at the police-court.
Cross-examined by the Prisoner. I did not tell the man it was bad because I had been told how to proceed—I had received instructions from the police.
MARY THOMPSON . I am barmaid at the Dover Castle—on 20th August, I saw Mr. Shears serve the prisoner and another man; Mr. Shears afterwards gave me instructions, and on 29th August the prisoner came again with another young man, he gave me a bad 6d., which I took to Mr. Shears, and the prisoner left without drinking the beer; when I turned round again he was gone—I saw him at the police-court and am sure he is the man.
RICHARD STEVENS (Policeman M). I received a description from Mr. Shears, and on 5th September took the prisoner at the Equestrian public-house, Blackfriars Road,—Itold him I should take him for uttering, on August 20 and 29—he said you have made a mistake, I know nothing of it—I received this 6d. and 1s. from Mr. Shears.
will hear all about that presently—he said you have got the wrong party this time—he was put with seven or eight others, he was wearing his coat open and had a white slop under it, he buttoned his coat, took his hat off,. and said to the other men "Take off your hats;" he took off bis red and black tie and asked one of the other men to change with him—I said "No, they shall not be allowed;" and he put it in his pocket—Mr. Shears then came in and picked him out—he did not hesitate that I saw.
The Prisoner's Statement before the Magistrate: " I was not in the house since Christmas. There are many young men like me."
Prisoner's Defence. He only took me, because I had red spots on my handkerchief. I was taken nine days afterwards.
GUILTY . He was further charged with a former conviction of felony, in May, 1876, to which he
>PLEADED GUILTY— Nine Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. GILL the Defence.
FREDERICK SHRIVELL . I am assistant to a chemist, of 255, Wandsworth Road; it is also a post-office—on 19th August, about noon, I served the prisoner with 5s. worth of stamps—he gave me a bad florin with some good silver on top of it—I bit it and said "You are the man who came a few days ago and gave me a bad shilling—he took up the florin saying "Let me have a look at it, I will take it to the man I had it from—he looked at it and went out to the middle of the street, and threw it over the houses—he had heard me tell Mr. Brooks, who had gone for a policeman—the prisoner came back into the shop, because I had detained the stamps and the good money—I had served him on the 19th or 20th with 1s. 6d. worth of stamps, when he gave me 6d. worth of coppers on top of 1s., which I found was bad after he left and put it aside—I afterwards gave it to the policeman.
Cross-examined. I believe the prisoner heard me speak to my master, and he went away for a policeman—the prisoner afterwards gave me a good half-crown—after looking at the florin, he said "At all events, I will take care no one else passes it," or something of that kind—a great many people come in every day—people buying stamps do not stay long.
By THE COURT. When I told him he was there a few days ago and gave me a bad 1s. he said "I am not the person"—I told him that he was, and he persisted that he was not—I have no doubt about him.
WILLIAM KENNEY (Policeman W 380). I was called and found the prisoner standing against the counter—I searched him and asked him where the bad florin was—he pointed to the change, and said "Look at that and see if there is any more there;" it was all good Shrivell gave me the 1s.—the prisoner said that he threw the florin away over the houses, that nobody might pass it.
Cross-examined. I found some good money on him.
The Prisoner's Statement before the Magistrate: " I know nothing about it. I am innocent, and was never in the shop before in my life."
NOT GUILTY .
458. GEORGE WHITETHORN (18) (a soldier); Burglariously breaking and entering a building within the curtilage of the dwelling-house of Charles James Phillips, and stealing therein nine books and other articles his property.
MR. WOODGATE conducted the Prosecution.
CHARLES JAMES PHILLIPS . I am a partner in the firm of Phillips & Co. and live at The Cedars, Mortlake—I have a study in the garden—I locked it up, on 22nd May, about 6 p.m., when I left, and fastened the window leaving these books safe, and this antimacassar, book-marker, gold pencil-case, silver pencil-case, ivory paper, knife, and photographs of my sisters—next morning, I found a pane of glass broken in the window, the fastening had been drawn back, and the room entered—I missed these articles, and gave information—the policeman showed me these books last month—the prisoner is a stranger to me.
SUSANAH SILWOOD . I am a widow, and live at 19, Marshall Road, Kennington Road—the prisoner is now my son—In-law, but in May he was courting my daughter—he was employed at Kew Gardens—he brought these things about 24th or 25th May, and gave them to my daughter as a wedding present—he said that he had them as a present from a school fellow—he said that the photographs were lady friends of his—he brought the autimacassar the next night, threw it at my daughter, and said "Here, Jenny, here is something to keep you warm for the winter"—he said that he made it himself—he was not in the Army then—he has enlisted since—I believe he lived with his mother, at Mortlake, at the time this happened.
WILLIAM SEELEY . (Detective Officer V). I received information, and went to Mrs. Silwood's house, and her daughter, Jane Whitethorn, gave me these things, including these four photographs in frames—the other eight photographs she gave me the next day, as she had placed them in a book—I took the prisoner at Woolwich, and told him the charge—he said "All right; I could bring others into it, but I shall not do it. I shall stand it all myself"—he told me next morning that he saw a man a few hundred yards from Mr. Phillips, and saw a man under a tree with a writing desk, a paper knife, and some other articles, which have not been recovered, and he asked him if he would have the things, and he said "Yes," and hid them; that he pawned the desk and table cover, and tore the ticket up, and that he knew at the time that the things were stolen.
Prisoner's Defence. I did not steal the things, but I knew when I received them that they were stolen.
GUILTY **— Fifteen Months' Imprisonment.
MR. MILLWOOD conducted the Prosecution; MR. STRAIGHT the Defence.
RICHARD HENRY CROWDEN . I am a fish vendor, of 22, Wellington Street, Bermondsey—on the morning of August 1st; I was with my stall outside the Fleece public-house—I sent my boy home with some of the covers of my stall, he returned and told me something—I went across, and the boy called out" That's him, father"—I saw a man running, and ran after him with two constables—he went into a house, and the door was shut—the constables got in and brought out the prisoner—I went home, and missed the lid of a vegetable dish, which was found on the tiles of the next house—the prisoner is very much altered, but he is the same man.
Cross-examined. My stall is about half as far again from my house as across this Court, and half as far again from the house where the prisoner was taken—I saw his back and his face too—I was 20 yards from him when
I saw his face—I said before the Magistrate "I could not see that he was carrying anything."
RICHARD CROWDEN . I am the son of the last witness—on 1st August, between 12 and 1 a.m., I went home and saw the prisoner standing outside the gate of our house—he asked me where I lived, I said "Here"—he said "All right, George"—I then took the covers in and came out leaving the key in the door—I was away about two minutes, and when I came back the door was locked and the key gone—I went over to my mother who came back with mo, we found the door wide open and the prisoner inside the room with a coat in his hand, which he chucked on the floor and ran out—I told my father, who ran after him—the prisoner is the man I am sure.
Cross-examined. I said before the Magistrate "I cannot swear to his face because ho had been running, he was puffing and panting very much"—I went with the police to the room where the prisoner was, he was in bed and undressed—I said that I could not swear to him—I saw Anna Collins called as a witness before the Magistrate, and heard her say that she was in the room when I came up with the policeman.
MARY CROWDEN . Early on the morning of 1st August the boy came and spoke to me, I did not go home then and he came a second time—I then went home and found the door open, and a man in the room with his arms full of clothes—he flung them down when I called out and ran out—I found them on the floor, they had been on a screen—the prisoner is the man.
Cross-examined. I said before the Magistrate that I could not swear to his features because it was between the lights, but I could swear to his statue back or front.
WILLIAM WHITE (Policeman M 311). On 1st August, about 12.45 a.m., I heard a cry of stop thief, and with another policeman ran towards the sound and saw a man running in his shirt-sleeves, and a man in a black coat following him—the first man ran into 30, Wellington Street—when I got there the door was open, I shoved my hand against it, it went open 2 or 3 inches, it was then shoved to and fastened—I knocked at the door and in three or four minutes it was opened by some man, I wont upstairs with the other constable and the boy and found the prisoner in bed.
Cross-examined. I was 10 yards from the door when the man went in, I will not swear that it was not 15—it is a six-roomed house—it is not unusual for a doors in that street to be open on a moonlight night.
NOT GUILTY .
MR. TICKELL conducted the Prosecution.
THOMAS HARVEY (Policeman). On 9th August, about 2.30 a.m., I was at the back of Mr. Stow's premises, Camberwell Road—I have a key of his back garden, with which I went in and saw that a little bit of tin had been raised, which goes over the lock—I fastened the door, took out my truncheon and went to the back of the premises—I saw that a pair of steps had been removed and placed against the back door—I looked up and saw the prisoner's bead through the glass roof of the conservatory which is part of the house—I said "What are you doing there?"—he pulled himself by the brickwork into the top of the roof and sprung on to the wall of the next house; I jumped from the top of the steps, rushed to the wall and caught
his trousers legs, but he bound from the wall on to the top of the next house—wo had a chase over several houses, and I caught him by the neck as he jumped down and took him to the station where I found on him 4l. in gold, and several little articles, none of which are identified.
Cross-examined by the Prisoner. I heard glass break after you tried to get away, that was one of the panes which you stepped upon.
EDWARD STOW . I am a jeweller, of 4, Camberwell Green—on 9th. August, about 2.30 a.m., I was called up and found the prisoner in custody, and four panes of the conservatory roof broken, which were whole overnight—I missed nothing.
Prisoner's Defence. It does not stand reasonable that I should have broken in unless I was the worse for liquor.
He was further charged with a former conviction at Norwich, in June, 1875, to which he
PLEADED GUILTY**— Eighteen Months' Imprisonment.
MR. MORETON conducted the Prosecution.
THOMAS BARNEY . I live at 97, Great Guildford Street, and sell cats' meat—on 28th June, about 6.30 p.m., I was walking down Mint Street—I am paralysed on my leftside and use a stick to walk with—the prisoner gave me a push in the side, saying "Get out of the way old fellow"—I tottered, but saved myself with my stick; he then gave me another push, and I fell in the middle of the road, and my right thigh came in contact with a stone and snapped—I was carried to the hospital.
JOHN BAILEY . I am a labourer of 4, Mint Street—I saw the prisoner push Barney into the road wilfully, he fell, and the prisoner walked on taking no notice—he was brought back by another man—they were both going the same way, and the prisoner overtook Barney—there was room for him to pass without pushing him, but he gave him a shove with his hands—the path is about a yard wide—Barney was carrying cats' meat in a basket.
CHRISTIAN FREDENCHSEN (Policeman M 226). I found Barrey in the road and took the prisoner—he said that he could not help it, he did not know anything about it—he was not drunk, but I think ho had been drinking.
ROBERT KENNINGTON . I am a surgeon of 23, Trinity Square—I examined Barney the next day; his right thigh was broken; the injuries are very serious—he is quite helpless, because one limb is broken and the other paralysed—he is still a patient at the hospital—his thigh was broken by a small push like that, because he fell without helping himself.
Prisoner's Defence. It was pouring with rain, and I could not help it.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
WILLIAM SHEPHERD . I am a plumber, of 10l., Bermondsey New Road—I cannot say whether the prisoner worked for me, but on 11th July he brought a ticket from my foreman, who gives tickets to the labourers, setting out the amount of hours they work, which they present to the clerk for payment—this ticket came to me by accident—it says "11th July, 1861. Time of labourer, Norris, 25 hours at 9 1/2 d. Redcliff"—I paid the prisoner
11s. on that ticket—he said that he was leaving because the wages did not suit him.
WILLIAM REDCLIFF . I am foreman to Mr. Shepherd—on 10th July the prisoner worked there in the name of Norris from 1 to 6 o'clock—I gave him this ticket on the 11th, as he demanded it—I wrote on it in pencil "5 hours," as he made it the previous day—the "2 "has been put in since, making it twenty-five hours—it is common to work in a feigned name.
Cross-examined. If I met you several times afterwards without giving you into custody it was because I did not know you—I did not give information to the police till 9th August, because I did not know your whereabouts—I am sure this is the ticket I gave you, and not another man's.
The Prisoner's Statement before the Magistrate: " I was working six hours and a half on the Monday, and on Tuesday 2 hours, then the foreman swore at me and I said 'I shall go.' He wrote out a ticket with pen and ink A girl took the paper in, and in three quarters of an hour the gentleman came out and gave me 4s. 4 1/2 d. for nine hours and a half; that is all he gave me."
Prisoner's Defence. The governor paid me 4s. 4 1/2 d. for what labour I had done. He paid me what he liked. There was no amount of money on the ticket. He cannot show any book where I signed for 11s. 5 1/2 d. I signed no book.
GUILTY — Six Months' Imprisonment.
MR. C. MATHEWS. conducted the Prosecution.
WILLIAM PAYNE . I am an architect, of 260, Camberwell Now Road—on 25th August I was in Walworth Road and was attacked by three people—I received a blow on my mouth which knocked me down, and I felt a pull at my chain—my watch was stolen, but my chain was left unbroken—the men ran away, I followed them and lost sight of them—about an hour afterwards I saw the prisoner at the station, but could not identify him—he resembles one of them in size—I was sober.
THOMAS JOHN STAPLETON . I am a cabdriver, of 74, Burton Street, Hackney—I was driving in Walworth, and saw Payne getting up off the ground and three men running away from him—I followed them some distance;, they ran round by the railway arch of the Elephant and Castle station into New Kent Road—I pointed them out to a policeman, who took the prisoner—the others ran away—I heard something fall when the prisoner was taken, and told the inspector so.
Cross-examined by the Prisoner. I did not see Payne knocked down—he did not appear drunk—I did not get down—it was between 1 and 2 o'clock—I cannot swear that you are one of the three, but you look very much—like one—you did not stop when Payne called to you.
MARTIN BURGIN (Policeman MR 25). On 25th August, at 1.45 I was in Newington Causeway and saw the prisoner and two others—I took the prisoner and the others ran away—I heard something rattle on the ground when I took the prisoner, and when daylight came I found this chain and trinkets (produced) which have been identified, at that spot—the prisoner gave a wrong name and address.
Prisoner's Defence. I am a costermonger. Two young men came up and asked me for a match." and lit their pipes, and proceeded a little way with me, when the policeman laid hold of me. I am perpectly innocent.
NOT GUILTY .
Before Mr. Justice Lindley.
MESSRS. POLAND and MOODY conducted the Prosecution; and MR. BESLEY the Defence.
GUILTY of the attempt — Eighteen Months' Imprisonment.
Before Mr. Recorder.
ADJOURNED TO MONDAY, OCTOBER 23RD, 1876.